A HISTORY OF THE GALLOWAY FAMILIES OF McCULLOCH

by WALTER JAMESON McCULLOCH M.C., T.D., W.S. of ARDWALL

FOREWORD In the bustle of modern life few have the time, or, I fear, the inclination to take much interest in their forbears. None the less, I do not think that a work of family history is altogether unnecessary. The family of McCulloch is one of very respectable antiquity in Galloway and is generally admitted to be one of the oldest in the province. Many records exist concerning it and I think it as well that these should be collected in more or less coherent form before they are lost in the oblivion of the past. What follows is an attempt to do this. There is little original work in it. All that can be said is that the available records have been exhaustively searched. One difficulty in a work of this kind is that, until the end of the 16th century, and perhaps even later, the sword was a good deal mightier than the pen, and the art of writing was confined to the very few. There are, therefore, few personal records, letters, diaries and the like, and the genealogist must do what he can with such facts as can be extracted from recorded legal documents. In the absence of personal documents and without indulging in flights of imagination, which would be out of place in a work of this kind, it is almost impossible to clothe these dry bones with the flesh and blood of human interest. And it must be admitted that family history of earlier times makes far from lively reading. There is no way of avoiding this. Too often genealogy is used merely as a means of establishing a connection, usually remote, with the exalted and the great, royalty and famous national figures. There is little point in this. Simple arithmetic will show that, were the records complete, it would be possible within the reasonably measurable past, to establish a relationship with almost anybody. It is surely of much more interest to ascertain what kind of people ones ancestors were, what they thought and what they did, and something of their character. Even the skeleton in the cupboard has his interest and should. not be suppressed. These views have perhaps led me to quote over extensively from private correspondence and other personal sources. Finally, I have various acknowledgements to make. First and foremost to the late Dr. R. C. Reid, the greater part of whose busy life was devoted to the antiquities of south west Scotland and the history of its inhabitants. The whole of the earlier part of the history of the McCulloch families is almost entirely the fruit of his truly immense labours and I have done little more than arrange and edit his copious notes. Without his enthusiastic encouragement I do not think I should ever have embarked on this work and he was kind enough, too, to revise and make a great number of invaluable suggestions on the original draft of this work. I am only sorry that he has not survived to see it in its final form. To my son, Andrew, too, I must acknowledge much enthusiastic editing and revising of the draft. And I think it is fair to say that, without his encouragement, I doubt if this work would ever have seen the light of print, or I should rather say, typescript. On this latter point I should perhaps mention that I had hoped to be able to have this work properly printed for private circulation in the family. To this end I consulted my friend, Colin Kilpatrick of Messrs. T. & A. Constable of Edinburgh to whom I am greatly indebted for the very great trouble he took and for the valuable advice he gave me. Unfortunately, it became abundantly clear that, in the circumstances, the cost of printing was quite prohibitive and out of the question. He therefore introduced me to Messrs. Audio Typing Services of Shandwick Place, Edinburgh, who have produced this work. I can only say that it has been a real pleasure to work with a firm who have cooperated so enthusiastically and with such personal interest, and have made so light of the many technical difficulties which have had to be overcome.

There is, however, one serious drawback to this form of production. In the absence of proofs, even with the greatest possible care, errors will inevitably creep in. Most are so patently obvious as to require no notice. The others I have noted on a list to which reference can be made. Ardwall 26th October 1964. W. J. McCulloch.

CONTENTS Page No. Early Galloway McCullochs . .. McCulloch of Myretoun .. McCulloch of Ardwell (later also of Myretoun) McCulloch of Killasser . .. .. McCulloch of Torhouse . . .. McCulloch of Drummorrell . . McCulloch of Inshanks and Mule McCulloch of Torhousekie .. McCulloch of Cardiness. . .. .. Gordoun of Cardiness McCulloch of Barholm . .. McCulloch of Kirkclaugh .. .. McCulloch of Auchengool .. .. McCulloch of Ardwall (Nether Ardwall) Maxwell of Hills . . . . Index of Personal Names . . .. .. .. .. .. . .. . .. .. .. .. . .. . . . .. . . . . .. 1 8 52 82 88 101 110 115 122 144 155 186 196 206 441 488

ILLUSTRATIONS Page No. John Ramsay McCulloch of Auchengool Feu Charter of the lands of Nether Ardwall dated 1587 James McCulloch of La Pierre Percee, Guernsey Dr. John McCulloch Harriet Rowley McCulloch Thomas McCulloch Sir Edgar McCulloch Agnes McGowan, wife of Robert Rae Corsane of Meikleknox David McCulloch, son of David McCulloch of Ardwall Robert McCulloch of Kirkclaugh Elizabeth McCulloch, wife of Thomas Scott Thomas Scott, brother of Sir Walter Scott James Murray McCulloch of Ardwall Christian Robison, his wife Christian Robison Penelope McCulloch, daughter of James Murray McCulloch of Ardwall The Inn at Broxburn about 1840 James Robison McCulloch Alexander McCulloch of Kirkclaugh Janet McCulloch, daughter of James Murray McCulloch of Ardwall John Gordon Brown, her husband 203 206 375 276 276 277 277 312 330 330 358 358 378 378 389 389 410 417 417 428 428

ILLUSTRATIONS (Cont.)

Janet McCulloch Brown and her husband, Edward Adam Cliff Anna Agnes Brown, wife of William Stewart of Shambellie Christian Robison McCulloch Brown and her husband, Andrew Jameson, Lord Ardwall Ardwall House Armorial Bearings on Hills Tower Hills Tower

429 429 432 432 458, 441 442

FAMILY AUTOGRAPHS I II III IV V VI VII VIII IX X 208 253 261 262 283 288 330 349 380 412

ABBREVIATIONS USED IN REFERENCES Act. And Act. Dom. A.& D. A.D.C. A.D.C. et Sess. A.P. Cal. Chrs. Culvennan M/S D. & G. Trans. Dic. Nat. Biog. Enc. Brit. Ex. R. G.R.S. Guernsey M/S Herdty. Shrfs. Kirkt. L.H.T.A/cs P.R.S. Prot. Bk. R.M.S. R.P.C. R.P.S. R.S.S. R.C.Reid III Reg. Rets. Rot. Scot. Soc. Life Tests. Note Acta Auditorum Acta Dominorum Acts and Decreets Acta Dominorum Concilii Acta Dominorum Concilii et Sessionis Ardwall Papers, a Calendar of family papers kept at Ardwall Calendar Charters see p.173 Transactions of the Dumfries and Galloway Natural History and Antiquarian Society Dictionary of National Biography Encyclopaedia Brittanica Exchequer Rolls General Register of Sasines see p.274 Agnews Hereditary Sheriffs Kirkcudbright Lord High Treasurers Accounts Particular Register of Sasines Protocol Book Registrum Magni Sigilli Register of the Privy Council Register of the Privy Seal Registrum Secreti Sigilli Dr R.C. Reids Notes, Vol.III Register Retours Rotuli Scotorum Social Life of Scotland in the 18th Century (Graham) Testaments

There is some confusion as to the spelling of the name Ardwell or Ardwall. As a general rule the place of that name in Wigtownshire was (and is) spelt with an e: that in the Stewartry with an a.

EARLY GALLOWAY McCULLOCHS THE name McCulloch is one of the oldest in Galloway. It is of Celtic origin and indicates that the family of that name sprang from the early British inhabitants of that district. Naturally, a family of such antiquity can boast of a number of fanciful legends concerning its origin. According to one, the family is descended from Ulgric who led the gallant, if wild and undisciplined Gallovidians in the van of King Davids army at the Battle of the Standard in 1138 where he was killed. According to another, from Gwallawc the horseman of tumult who would drive forward, the hawk of battle, a Galloway chieftain of the sixth century whose battles were celebrated by the ancient bards and who is, traditionally, buried beneath the Standing Stones of Torhouse1. A further legend2 claims its descent from a Scottish warrior in the time of the Crusades who carried on his shield a boar (which in Gaelic, the old Galloway tongue, is cullach) and was distinguished for his personal daring in the Holy Land. On his return, William the Lion, in reward for his prowess, granted him the lands of Myrton, Glassertoun, Killasser and Auchtnaucht and the soldier adopted as his patronymic the word cullach, his nom-de-guerre. His son, Godfrey, so called after Godfrey de Bouillon, a King of Jerusalem in the previous century, was, naturally,

1 2

Huyshe Grey Galloway 75. Agnew's Hereditary Sheriffs 30.

2 styled MacCullach. But even McKerlie finds these traditions not altogether convincing. The McCullochs first emerge into documented history with the mention of three men of that name in the Ragman Roll of 1296. They were landowners in Wigtownshire named Michael, Thomas and William who rendered homage to Edward I in that year3. The first two were brothers and acted as jurors on an inquisition as to the lands in Galloway of the late Elena la Zouche 4. All three were constant adherents to the Balliol cause. The only other references to William show that he served in the Garrison of Berwick in 1312 and was later at Roxburgh5. Thomas, a man of note in Galloway, in his day, was the English Sheriff of Wigtown in 13056. His seal which has survived, shows a squirrel. This contrasts with the three wolves heads of the familys heraldic shield of later date7. Thirty years elapse before there is record of another of this name. During that period, Robert the Bruce had regained Galloway for the Scottish Crown and the Balliols, being driven out, had retired to England with their followers amongst whom were the McCullochs. There, they were supported by the English Crown. There is, however, no reason to term them traitors to their country on this account as John Balliols mother, Devorguilla, was a daughter of Alan, the last hereditary Lord of Galloway. It was only

Bain II 211. Bain II 824. 5 Bain II 396, 406. 6 Bain II 1691. 7 Bain II 198.
3 4

3 to be expected, therefore, that Gallovidians should support the Balliol family, and when Balliol submitted to the English King, his followers, of course, did likewise. The English records refer to four of these exiled McCullochs. Michael McCulloch (Maccoulagh) and Thomas McCulloch of Scotland, in return for their good services, were granted 12d daily in 1343 till they recovered their Scottish lands8. Both of them had to petition for arrears of this grant the following year9. In 1342, Gilbert McCulloch, valet of the English King, who had lost his lands in Scotland, received a like amount10, and the assessors of wool in the North Riding were directed to give him some wool as part of this wage11. Gilbert was a merchant, so the wool would be useful in his trade. After the Battle of Durham, Gilbert was sent north in the Kings service12. With him went Sir Patrick McCulloch, Knight of Scotland, who received 2s. a day, and his son, Patrick, the younger, valet, of Scotland, who got 40/- for expenses13. This Sir Patrick, the first known owner of Myrton, first appeared in the records in 1338, when he received an English grant of 20 yearly14. Again, in 1341, the English Treasurer received a Royal warrant to arrange suitable sustenance for Sir Patrick and other Scottish knights abiding at the Kings faith15. They were to receive 66s. 8d. each from the wool pennies, whilst Gilbert McCulloch got 9.1.4.16. Later that year Sir Patrick, was granted 4/- a day

Bain III 1412. Bain III 1432. 10 Bain III 1390. 11 Bain III 1406. 12 Bain III 1490. 13 Bain III 1490. 14 Bain III 1265. 15 Bain III 1369. 16 Bain III 612.
8 9

10

4 for himself and two esquires until the recovery of his lands in compensation for the loss of these lands and for hardships sustained in the English service. This was later commuted to 100 merks yearly17, for arrears of which he had to petition18. He was employed by Edward III in his war in Brittany, where he served for nearly four years, receiving for himself and two esquires 23919 part of which was paid to his daughter, Anabilla McCulloch. On 6 March 1346/7, he was sent to the north on the Kings service, and may have fought at Durham20. With him went his two Sons, Patrick and John21. A third son, Christopher McCulloch, is also recorded22. After Durham, Balliols son, Edward, was back again in Galloway, and Sir Patrick must have been at home at Myrton. In 1350/1, along with Sir William de Aldeburgh and John of Wigynton, he made a protestation to Edward III on behalf of Edward Balliol23, and, with Gilbert McCulloch, witnessed the charter of the barony of Kells by Balliol to Aldeburgh in 135224. This charter has been preserved to us by its being enrolled in the English Charter Rolls. Balliol must also have granted a charter to Sir Patrick, which, unfortunately, has not been so preserved, though a precept of enrolment was issued in 1345/625. So we cannot be sure what those lands were. In any case, they cannot have been enjoyed for long, for in the summer of 1353 Douglas overran Galloway, and once again Sir

Bain III 1391. Bain III 1432 & Rotuli Scotorum 173. 19 Bain III 1455 & 1483 20 Bain III 1490. 21 Bain III 690. 22 Rotuli Scotorum I 881. 23 Rotuli Scotorum I 739. 24 Rotuli Scotorum III 1578. 25 Rotuli Scotorum III 1581.
17 18

11

5 Patrick sought refuge in England, his lands being given to John of Carrik26. For the last time the tide had turned definitely against the Balliols. The English had put the father on the Scottish throne and, half a century later, had supported the son in an attempt to depose David II. They had both proved weaklings. But now, immersed in a continental war, the English sought peace with Scotland, David II was released from captivity and Edward Balliol was left in the lurch. Sir Patrick must have realised it was time he made his peace with Scotland. Accordingly a safe conduct was issued on 28 November 1363, to Thomas and Gilbert McCulloch of Scotland to go to London with three companions at the request of Patrick, to converse with him concerning certain negotiations27 : and at the close of that year Sir Patrick returned for the last time to his home at Myrton. It is not known on what terms Sir Patrick made his peace with Scotland but Dr. R. C. Reid has put forward an interesting and ingenious theory as to what they may have been. The fact that there were negotiations imply give and take, but a rebel suing for restoration must expect to make some sacrifice. In a similar case of the same date it is known what that sacrifice entailed. It involved restoration to only one half of the estates, the other half being escheated to the Crown. Dr. Reid suggests that Sir Patrick had to pay a. similar price

26 27

Registrum Magni Sigilli 1306/1424. 1114. Rotuli Scotorum I 875.

12

6 and that he only got back half his lands. This might explain the peculiar fact that in Wigtownshire, within fifteen miles of each other, there are two Myrtons which were formerly spelt alike, one known in legal documents as Myrton McCulloch and the other as Myrton McKie. Furthermore, between these two Myrtons lay two smaller estates named Torhouc, one of which is described in early titles as Torhous McCulloch and the other as Torhous Mure. He suggests that the original McCulloch estate stretched from Port William almost to Newtown Stewart and that in the negotiations for Sir Patricks restoration a large slice of that estate close to Newtown Stewart was escheated to the Crown and granted to the Herois family. This family certainly possessed the modern Morton and equally certainly disposed of it to the McKies. He also suggests that Torhous was similarly bisected, one part being escheated and granted to the Mures. There is, of course, no documentary evidence to found upon but some such hypothesis is required to explain the problem of these place names. But even if Sir Patrick were bereft of half his lands, he was still left with a very substantial portion. He had the 40 merk land of Myrton McCulloch, and he either possessed or his immediate descendants acquired on the other side of Luce Bay another 40 merk land represented by Ardwell, Killasser, and other lands. Once at home Sir Patrick disappeared from English records, whilst the Scottish equivalent, unfortunately, do not now exist. There is thus a silence of about half a century before there is another glimpse of the family.

13

McCULLOCH OF MYRETOUN Arms: Fretty or and vert.28

PEDIGREE CHART OF THE FAMILY OF McCULLOCH OF MYRETOUN

28

Balfour, Lord Lyon, 1630-54.

14

The Family of McCulloch of Myretoun

THE first McCulloch owner of Myretoun was, as has been seen, Sir Patrick, who first appeared in the English records in 1338, and disappeared from them on his return to Scotland in 1363. For upwards of a century thereafter there are virtually no records of the family and one can, therefore, only speculate on such interesting questions as, for instance, its relations with the Douglas overlords of Galloway. With their forefeiture in 1455 and the annexation of the Lordship of Galloway to the Crown, most of the more substantial proprietors, who held their estates from the Douglases, hastened to secure Crown Charters as evidence of their new titles. Unfortunately, the Register of the Great Seal is very incomplete in that reign, and no Crown Charter of Myretoun is recorded. But in a later Crown Confirmation of 150429 there is mention of such a Crown Charter of Taillie having been granted by James II (1437-60) to the unnamed father of Sir Alexander McCulloch of Myretoun.. His name, however, has been disclosed as Elis McCouloch in a dispute relating to the marriage of one of his grandsons in 1483, after his death30. Elis or Helise is a variant for Eliseus. Some effort, however, can be made to fill in the gap from the very few records which have survived. These may be enumerated, briefly, as follows:1. In 1414, Sir Thomas McCulloch, not described as of Myretoun, but owning nearby lands31, witnessed a Douglas Charter32.

Registrum Magni Sigilli 1424/1513. 2795. Acta Auditorum 114. 31 Calendar Yester Writs 47. 32 Douglas Book III 408.
29 30

15

9 2. Archibald Douglas, Earl of Galloway, confirmed a charter by Normond McCulloch of Myretoun to his brother, Archibald, of the lands of Ardwell, which was subsequently confirmed by the Countess of Galloway33. Now Archibald Douglas might be either Archibald the Grim, who acquired the Lordship of Galloway in 1371 and died in 1400, or his son, Archibald, the Tineman, who succeeded him and was killed at Verneuil in 1424. Presumably, however, it was the latter for the subsequent Charter of Confirmation was granted by his successor, Margaret, Countess of Douglas, who died in 1439. Normond McCulloch, therefore, probably granted the above charter between 1400 and 1424. 3. Eliseus McCulloch was dead by 1478 and within 5 years of that date his grandson was married. A simple calculation will establish that he cannot have been married himself much later than 1440. The lady was Elizabeth Hamilton, who survived him34. 4. In 1540, in an action at the instance of the Abbot and Convent of Glenluce concerning some land it was proved that Symon McCulloch, his brother (Sir Alexander McCulloch), guidschier (grandfather), grantschir (great grandfather), and foir grantschir (great great grandfather), hes bene rentalit in the land in question35. On the foregoing slender evidence the following tentative succession of the Myretoun family may be hazarded. Obviously it cannot be reliable: all that can be said is negative, that there is no evidence against it, chronologically or otherwise:Sir Patrick McCulloch of Myretoun, who was alive at least from 1338 to 1363. Sir Thomas McCulloch of Myretoun, who was alive, in 1414. Normond McCulloch of Myretoun, who was alive during the period 1400 to 1439. He had a brother, Archibald McCulloch, to whom he granted a charter of the lands of Ardwell, and who must presumably be the ancestor of that family.

Acta and Decreets XIV 183. Acta Auditorum 63. 35 Acts Lds. of Council Pub. Affairs 1501/1554 Hannay.
33 34

16

10 Eliseus McCulloch of Myretoun, who married Elizabeth Hamilton about 1440 and was dead by 1478. With Eliseus McCulloch, one is on firmer ground. He had issue:1. 2. Sir Alexander McCulloch of Myretoun, of whom hereafter. Symon McCulloch of Myretoun, of whom hereafter.

3. Andrew McCulloch, who appeared in 1478 in a dispute with his brother, Alexander, with whom he had entered into a contract relating to the ancestral inheritance. Part of the contract, which has not survived, was clearly that Alexander should infeft Andrew in a 10 merk land, including the manor place of Myretoun and the lands of Drumtrodan. Alexander issued a precept for the sasine which was never completed because Andrew refused infeftment until the other conditions of the contract were fulfilled. Alexander, therefore, went through the formality of cancelling the precept by the symbolic breaking of a plate on the actual grounds36. 4. Katharine McCulloch, who married Patrick McDowall of Logan. In 1494 Sir Alexander had to sue Patrick for the fulfilment of the marriage contract whereby Patrick was bound to infeft Katherine in 2 merks worth of the lands of Auchness or pay Sir Alexander, on her behalf, 200 merks Scots. As Patrick did not trouble to appear, the Court decided in favour of Katharine37. 5. Agnes McCulloch, who married Fergus McDowall of Freugh. According to The Hereditary Sheriffs both Katharine and Agnes were daughters of Sir Alexander, but it appears that they were, in fact, his sisters.

Sir Alexander McCulloch of Myretoun.

Sir Alexander is much the most illustrious of all the old McCullochs and on tales of his exploits every young McCulloch is still nurtured. He was knighted by 1488 and was then crown tenant, along with his wife, whose first appearance on record this was, in certain lands in

36 37

Calendar Myretoun Writs 2. Acta Dominorum Concilii 372.

17

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Wigtownshire - Balgregane, Quiltis, Largs, and Blairmalkyne38. No reason for this distinction is known, but it is clear that for the greater part of his life he was in close, even intimate, touch with the royal circle. For many years he acted as Falconer to the King and first appeared in this capacity in March 1500 when he went to Orkney and Shetland, at the Kings command, to bring back hawks. For this he received 20 and a Letter of Protection to cover the then hazardous journey 39. In 1523 he became Chief Falconer to the King40 and appears to have retained the position until his death41. He also appears to have received another important appointment in about 1500. In 1501/02 occurs a reference, to Sir Alexander Makculloch, to be allowed in his fee, 40, which in later years is described as his pensioun42. This fee would almost certainly be that due to the Captain of Linlithgow Palace, an office which he held for a short time in succession to the Abbot of Lindores who was appointed in 1498. Abbot Andrew Cavers resigned the abbotship between March and June 1502, probably through age or infirmity, and continued thereafter as Abbot Pensionary. It is likely that his resignation of the Keepership of Linlithgow preceded his demission of the abbotship. As early as 1503, Sir Alexander was given 14/- to give to the masons at Linlithgow for mending the windows of the palace43, and, whilst engaged there, was given by the Treasurer 18/- to ride to Galloway 44. In February 1502/3 he seems to have been replaced in this office by Sir John Ramsay of Traringzeane45. But

Exchequer Rolls X 30, 78, etc. Registrum Secreti Sigilli II 518. 40 Lord High Treasurer's Accounts II 98. 109. 41 Registrum Secreti Sigilli II 310. 42 Lord High Treasurer's Accounts 138, 145, 333. 43 Lord High Treasurer's Accounts 404, 440, 441. 44 Lord High Treasurer's Accounts 398. 45 Registrum Secreti Sigilli I 909.
38 39

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Sir Alexander had recovered it again by 1507, when he was granted the fermes of some acres at the east and west end of Linlithgow worth 14.14.8 per year, and 10 from the fermes of Kincavill for the custody of the palace, which were the same emoluments which Ramsay had received46. Sir Alexander was still Keeper of Linlithgow in 151347. Somehow, perhaps in connection with the Keepership, he had come into possession of half of the lands of Ballingall in Fife which he resigned to the Crown in January 1505. They were later granted to Archibald Betoun. It is recorded that, in 1504, James IV granted a charter to Sir Alexander erecting Myretoun into a Burgh of Barony, and specially setting forth that it was given in consideration of the hospitality the King had received from the Knight of Myretoun on the occasion of his passing to and fro on pilgrimage to Whithorn. In the old tower of Myretoun a room, in modern times used as a pigeon house was, until comparatively recently, still pointed out as the Kings Chalmer48. Perhaps Sir Alexanders intimacy with the King may have been responsible for his appointment, for a time, as Sheriff of Wigtoun. That important office, the administrative and financial functions of which in those days were of more importance than the judicial, had been granted in 1452 in heredity to the Agnews of Lochnaw. About the year 1498, Quentin Agnew, the Sheriff, became ill and curators were appointed to manage his affairs49. For some reason, his son, at first, does not seem to have acted as Sheriff: he was not even one of his fathers curators. Sir Alexander McCulloch was appointed, for the time being

Exchequer Rolls XII 574. Exchequer Rolls XIII 538. 48 Agnew's Hereditary Sheriffs 122. 49 Agnew's Hereditary Sheriffs I 305.
46 47

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13 instead50. In 1501 he paid to the Exchequer the arrears of crown dues amounting to 1012.3.4 51. He was succeeded by John Dunbar of Mochrum, who held the position until Patrick Agnew was able to resume the hereditary family office. Sir Alexanders relations with Patrick Agnew are illustrated by a Crown grant of exemption from Patricks jurisdiction, which he obtained in 1512. In those days no one expected justice from an enemy, so, to protect himself and his dependents, Sir Alexander secured this protection, which ensured that all actions against him and his friends should be pursued, riot before the Sheriff, but before the Lords of Council in Edinburgh. Sir Alexander, as Captain of Linlithgow, was in constant attendance at court there52. As Sheriff, Sir Alexander figured in a number of memorable Incidents. The story of the burning of Dunskey has been related elsewhere (see page 60). As Sheriff, too, he came into collision with Bishop Vaux, and an account of their dispute is given in The Hereditary Sheriffs 53. A decree was pronounced in a properly constituted court against Mitchell McBriare, ordering his lands and goods to be distrained for a sum of 10 owed by him. McBriare appealed to the Bishop, who encouraged a reference to himself in such matters, and immediately forbade the Sheriffs officers to touch McBriares goods. Sir Alexander, resenting this interference, accompanied his officers in person, and ordered them to do their duty, the Bishop, on his part, threatening them with excommunication if they did so. Sore as was this trial to the nerves of these humble officials, they obeyed the Sheriff

Lord High Treasurer's Accounts I 208. Exchequer Rolls XI. 338. 52 Registrum Secreti Sigilli I 2430. 53 Agnew's Hereditary Sheriffs 109.
50 51

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14 in preference to the prelate. Whereupon, Bishop Vaux solemnly cursed Sir Alexander, Knycht of Myrton, he cursed the Sheriff Clerk, he cursed the sergeants and other officers whomsoever; he cursed them all by candle, by book and by bell: and then, committing the curses to writing, he caused Letters of Cursing to be served on all parties. Sir Alexander, who was, at this time, merely a Sheriff Depute, communicated with his principal, Quentin Agnew, who was every way inclined to support the dignity of his own office. Spiritual thunder fell somewhat flat against the Castle of Lochnaw, whose owner did not care overmuch for the Letters of the Lords Auditors themselves, and not one farthing for the Letters of a Bishop; except in so far as he looked upon the raising of these Letters against his depute as an insult. He therefore rode straightaway into Edinburgh and laid the case in person before the Lords of the Council; and with so much effect that a summons was issued forthwith against the Bishop to appear and defend himself against a charge of opposing the Kings authority in Wigtownshire, in the person of the Sheriff, in the execution of his office. The humbled prelate found himself compelled to appear, and after the case was carefully investigated, the Lords of Council, having heard both parties, administered a severe reprimand to the crest-fallen Bishop, and made a special entry in the Books of Court to the effect: that the Kings Highness is greatly injured in the leading of the said process against his officers, and in the execution of their office: and refers the correction and execution thereof to the Kings Highness; and counsels his good grace to provide for remedy thereuntil, that it may be an example in time coming to others not to make stop or impediment to the Kings officers in the execution of their office.54

54

Acta Dominorum Concilii.

21

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Sir Alexanders relations with the Church, indeed, appear to have been none too good. In 1493 he had a dispute with the Prior of Whithorn over the payment of the teinds payable from the lands of Blarbey, Moure (now Monreith), and half of Balcreg. Sir Alexander had withheld the teinds and was summoned by the prior. He admitted intromitting with the teinds but disputed the quantity due and alleged that he had contented the Prior for the same. The Prior was called on to prove the value and quantity due and Sir Alexander was ordered to produce evidence of contentment55. Sir Alexander is usually identified with Cutlar (or Collard) McCulloch, whose exploits against the Isle of Man are such a feature of Galloway history. The story of these exploits has been well told in The Hereditary Sheriffs56. At the beginning of the 16th century, Thomas, Earl of Derby, a young, fiery, and warlike chief, was Lord, or rather, King of Man, and in 1507, made a furious descent upon the coast of Galloway, and nearly destroyed the town of Kirkcudbright. For several years afterwards many of the houses in the burgh remained uninhabited and in ruins. This successful assault was so skilfully directed and so bravely executed that it called forth the most enthusiastic strains of the Manx bards in praise of The Earl with the golden crupper, as they termed their young sovereign, and his heroic followers. But however gratifying this successful expedition might have been at first to the inhabitants of Man, it proved afterwards to be a source of much suffering to thorn. Cutlar (or Collard) McCulloch, being a brave and

55 56

Acta Auditorum 174. Agnew's Hereditary Sheriffs 122.

22

16 adventurous seaman, speedily equipped a predatory flotilla and, assembling his retainers, sailed over to the Isle of Man, and repaid the visit with interest, carrying off everything which was not too hot or too heavy for removal. He returned again and again and at last so terrified the Manxmen that it became a saying amongst them, that at meals they must eat their meat first and finish with the soup (if haply they might do so) so as at least to make sure of something substantial before they were disturbed by the ubiquitous McCulloch. Their constant prayer, it is said, was: God keep the house and all within From Cut McCulloch and from sin. Or, as it was sometimes rendered: Keep me, my good corn, and my sheep and my bullocks From Satan, from Sin, and those thievish McCullochs. Tradition tells that, one night, a grey haired patriarch had just uttered the above invocation when an ironical voice responded from outside, Gudeman Gudeman! Ye pray oer late, McCullochs ship is at the Yate. The Yate is a landing place at the north of the Isle of Man. In a book published in 1653 there is a certificate signed by an official at Peel Castle as follows Taken by Collard McCulloch and his men by wrangous spoliation, twa box beddes, and ayken burdes, a feder bouster, a cote mailzie, a mete burde, twa kystes, five barrels, a gyle fat, xx pipes, twa gunys, three bolls of malt, a quern of rosate of vi stone, certin petes extending to ic (100) loads, viii boll of thrashit corn, xii unthraschen, xl knowtes. It has been asserted57 that Sir Alexander fell at Flodden but this

57

Agnew's Hereditary Sheriffs I 335.

23

17

was not the case. Indeed, there are grounds for believing that he was not even present at the battle. These are based on an entry in the Register of the Privy Seal58. From 31 August till 14 December 1513 this Register is either lost or was never written up: Flodden was fought on 9 September. Only a Minute Book survives, and in it, between these two dates, occurs this undated entry Regress. Landis of Myretoun. McCulloch.59 Now, Letters of Regress were not issued for a new grant, a confirmation of a former grant, or in connection with the succession of heirs. They imply that, for some reason, Sir Alexander lay under a penalty, which, until commutation, entailed that his estate was vested in the Crown. Once the penalty was paid, Letters of Regress were issued formally restoring the estate to him. It is, perhaps, idle to speculate as to the penalty and its cause, but, at least, a plausible explanation can be offered. If it be assumed that Sir Alexander was born shortly after 1440, be must have been about 70 at the date of Flodden, too old for a fighting man. When everyone else answered the call, he may reasonably have stayed behind. This, in strict law, would have involved a penalty, for which a remission would be sought, and freely granted, Some such circumstances must explain the issue of these Letters of Regress. One thing is clear: Sir Alexander survived Flodden by some 16 years: it was, as will be shewn, his son-in-law, also Alexander McCulloch, who was killed at Flodden. By this time Sir Alexander was a very old man and he seems to have divested himself of his estate in favour of his brother, Symon, who,

58 59

Register of the Privy Seal. Register of the Privy Seal.

24

18 in October 1523, figures as of Myretoun infefting his own daughter in that barony60. Sir Alexander was dead by 30 August 153061, his executors being his widow, and his brother Symon62. He had married Marjorie (or Marion) Sinclair, daughter of William, 2nd Lord Sinclair63, but he had some difficulty in securing the promised tocher. He had to take action against Henry, Lord Sinclair, his brother-in-law, for 100 merks, and against the Earl of Rothes, whose grandfather was also maternal grandfather of Marjorie, for the sum of 200 for unpaid tocher64. Marjorie survived her husband for 10 years, being still then in possession of the fermes of Calvornes, Quiltis, etc., under their conjunct life grant65, and died after Martinmas 154066. They had issue:1. John McCulloch, who may, perhaps, be the person of that name, described as a falconer, who received 20 in 1506 for going to the Orkneys to get falcons67. He appears to have predeceased his father without issue68. 2. Margaret McCulloch. By a contract of marriage dated 14 November 151269 between Sir Alexander McCulloch, on the one part, and Alexander McCulloch, described as familiar servitor to the King, on the other, the latter assigned to the former the ward, non-entry, and marriage of the heir, of the lands of Cardiness and others pertaining to umquhile Ninian McCulloch of Cardiness. He also undertook in all tyme to cum to take the trew pairt with ze said Schir Alexander in all and sunder his just and honest querrellis against quhatsumever persone our Soveraine Lord except, and to marry Sir Alexanders eldest daughter, Margaret. But becaus ther is impedimentis of consanguinitie and aifinitie betwix ye said Alexander and Margret, that is to say, third and third of consanguinitie, third and second of affinitie, and in ze

Calendar Myretoun Writs 9. Registrum Secreti Sigilli II 727. 62 Acta Dominorum Concilii XLIII 31. 63 Scots Peerage IX 9 64 Acta Dominorum XII 97. 65 Registrum Secreti Sigilli II 1777/8. 66 Exchequer Rolls XVII 315. 67 Exchequer Rolls XI 419 68 Privy Seal I 727. 69 Acta Dominorum Concilii XXIV 11.
60 61

25

19 first gre of spirituall cognition quhairthrow ye matrimonie ma nicht be lauchfulie complete betwix yame. Thairfoir ye said Alexander sail vithin yere and day eftir ye date heirof rais and bring hame ane dispensatioun fra ze court of Rome in dew forme. Sir Alexander, on his part, was to make certain money payments and undertook to infeft Alexander and Margaret in all his lands and goods. As to the relationship between Alexander and Margaret, no more can be said, in the absence of further information, than that they were second cousins, and that Sir Alexander was probably the godfather of Alexander. Nor can it be said with certainty that the marriage was ever celebrated. The battle of Flodden took place within a year of the marriage contract and it is reasonably certain that Alexander was killed there. The facts that he is described as the Kings familiar servitor, and that no more is heard of him after the date of the battle, lend strength to the presumption that he was the person who is recorded70 as having won 2 French crowns (35/- Scots) from the King at archery - Samin day (12 September 1512) tint be the King at the buttis with Sande Makculloch iiz Fr. Cr.; and of whom Pitscottie71 writes when, after describing the battle, he relates how the English went through the Field seeking the Noblemen who were slain, and in special the Kings Grace, They found many like him clad in his Coat of Armour, but no Man could say surely that it was he, because, the same day of the Field, he caused ten to be clad in his Coat of Armour: among the rest were two of his Guard, the one called Alexander McCulloch, and the other the Squire of Cleisch, which were Men of Makedom both like the King. Therefore, when they were dead gotten in the Field, and the Kings Coat of Armour upon them, the English Men, believing one of them was the King, they took one of them, whom they thought most apparently to be like the King, and cast him in a Chariot, and had him away to England with them: But yet we know surely they got not the King because they had never the

70 71

Lord High Treasurer's Accounts. Pitscottie 118.

26

20 Token of the Iron Belt to shew to no Scottish Man. Of Margaret McCulloch nothing further is known she must, presumably, have predeceased her father. 3. George McCulloch, a natural son who received Letters of Legitimation in 150472 and must also, presumably, have predeceased his father.

Symon McCulloch (i) of Myretoun

The heir to the Myretoun estate on Sir Alexanders death was his brother, Symon. On 30 August 1530, the latter received the gift of the relief of Myretoun as heir to his brother and nephew73. It is described as a gift, but it had to be paid for and the Treasurer recorded payment of 40 for Myretoun74, whilst the Sheriff answered for 160 of relief paid for the 40 merk lands of Myretoun and the 40 merk lands of Killas(ser) and Ardwell on sasine given to Symon75. The latter, too, must have been an old man and may possibly be identified with the Symon McCulloch who, in 1500, received a 6 merk land of Kerinwalkok in Wigtownshire in return for service to the King76. This service may have had something to do the sport of hawking, for in 1507, a Symon McCulloch was given 36/-for bringing home hawks from Orkney77. In 1532, Symon McCulloch, in spite of his age, was denounced rebel, with a number of other Galloway and Ayrshire lairds, for treasonable abiding from the host and army to the West Marches towards England with the Kings Lieutenant. Many of them produced certificates of sickness, licences from the King and his lieutenant, and such excuses as river flooding

Privy Seal I 1039. Registrum Secreti Sigilli II 727. 74 Lord High Treasurer's Accounts V 348. 75 Lord High Treasurer's Accounts III 403. 76 Lord High Treasurer's Accounts III 403. 77 Lord High Treasurer's Accounts III 403.
72 73

27

21 preventing their passage. Evidently, the art of lead swinging was not unknown in the 16th century! It is not clear to what feudal hosting this refers unless it be the Kings raid in Liddesdale in 1532 when Johnny Armstrong was the principal victim78. Symon McCulloch married Janet McKie, of whom nothing is known save that her terce was reserved when her husband transferred Myretoun to their daughter79. Symon was dead by 154080 and had issue:1. Margaret McCulloch of Myretoun, of whom hereafter.

2. Janet McCulloch, who married John Vaus of Barnbarroch81. who was killed at the battle of Pinkie in 154782.

Margaret McCulloch of Myretoun

Margaret McCulloch received in 1541 a charter from the Preceptor of Torphichen of 2 acres of temple lands within the barony of Myretoun, which had been held by her predecessors, who had lost the evidents, so that a fresh title was required83. This loss of evidents cannot have been confined to these two acres for many more early Myretoun writs have disappeared. In 1546 Margaret resigned the barony of Myretoun in favour of her son, Symon McCulloch, reserving, of course, her liferent84. She married Henry McCulloch of Killasser, some account of whom has been given in the history of that family (see page 88). He was dead by 1545, but Margaret survived him and was alive in 1562 when she was a party

Lord High Treasurer's Accounts VI 160 & Nicholson I App 43. Acta Dominorum Concilii XIII 3. 80 Acta Dominorum Concilii et Sess. XIII 101 & Acts. Lds. of Council Public Affairs (Hannay) 490. 81 Acta Dominorum Concilii et Sess. XIII 101 & Acts. Lds. of Council Public Affairs (Hannay) 490. 82 Agnew's Hereditary Sheriffs 183. 83 Calendar Myretoun Writs 12. 84 Registrum Magni Sigilli 1513/46. 3268.
78 79

28

22 to a resignation by her son and signed it with a firm hand85 (1). They had issue:1. 2. Symon McCulloch of Myretoun, of whom hereafter. Alexander McCulloch of Killasser (see page 89).

Symon McCulloch (ii) of Myretoun Symon McCulloch had been infeft in Myretoun in 1548. He served in 1552/3 on an assize that apprised some lands from John Dunbar of Mochrum86 and in that year was engaged in a dispute with his neighbour, John Maxwell of Mureith (Monreith) relating to their respective marches. Details of the dispute are not available but an amicable settlement was reached, embodied in a surviving Instrument of Sasine of a portion of land between the Burn of Myretoun and the lands of Blairbowie, in which Herbert Maxwell, a natural son of Monreiths deceased son, Herbert Maxwell, was infeft87. In 1567 Symon subscribed the bond supporting the authority of the young King James VI88, and, in 1581, resigned into the hands of the Crown the whole barony of Myretoun89 for a new charter in favour of his son, William, reserving his own liferent, and the lands of Lambrek, and half of the lands of Mains of Myretoun for his wife90 91 92. The previous year he had sold to Patrick Vaus of Barnbarrock and Katharine Kennedy, his wife, the 5 merk land of Drumtrodden and 6 merk land of Dowrie,

Calendar Myretoun Writs 17. Registrum Magni Sigilli 1546/80. 87 Calendar Myretoun Writs 58. 88 Nicholson I 503. 89 Calendar Myretoun Writs 31. 90 Registrum Magni Sigilli 1580/93. 320. 91 Calendar Myretoun Writs 32/3. 92 Laing Charters 1036.
85 86

29

23 in the barony of Myretoun and parish of Mochrum93. Symon died, probably between 3 May 1583 and 8 March 1584/5. He married Marion Gordon, daughter of William Gordon, first of Craichlaw, and Janet Baillie, his wife94, by whom he had the following issue: 1. William McGulloch of Myretoun, of whom hereafter.

2. John McCulloch in Wigis who, in 1583, described as 3rd son of Symon McCulloch of Myretoun, obtained from Robert Stewart, a charter of the 5 merk lands of Wignegairn, which he appears to have sold in 161895. In 1585 he obtained a gift of the escheat of sundry parishioners of Anwoth who were at the horn at the instance of David Murray, the Vicar thereof, for non-payment of teinds. They included John McCulloch in Newtoun of Cardiness, Patrick McCulloch in Hentoun, and James McCulloch in Bordland of Cardiness96. He married an unidentified lady named Margaret McCulloch97.

William McCulloch of Myretoun

William first appeared on record in 1568 as one of the candidates proposed by Sir John Bellenden of Auchinvole, who had the gift of her marriage, for the hand of Helen, daughter of Alexander Vaus of Barnbarroch. Helen refused William and the other suitors and afterwards made a runaway match with a younger brother of Myretoun McKie, no doubt to the satisfaction of Sir John 98 who became, in consequence, entitled to certain valuable feudel casualties.

Registrum Magni Sigilli 1580/93 142. McMaths Gordons of Craichlaw page 5. 95 Wigtownshire Titles. 96 Privy Seal 2 April 1585. 97 Wigtownshire Titles. 98 Agnew's Hereditary Sheriffs 189.
93 94

30

24 William McCulloch was infeft by his father in 1574 in the 5 merk land of Balsalloch in the barony of Myretoun, conjointly with his future wife, Elizabeth Dunbar 99 and in 1582 had sasine in the whole barony100. The following year he wadset the 5 land of Barnsalloch to Alexander Gordon, Tutor of Craichlaw, for 1000101. In 1584 he received what was, on paper, at least, an immense territorial accession. His first wife must have died soon after marriage and, about 1584, he married, secondly, Marie McCulloch, heiress of Cardiness, who brought to her husband the barony of Cardiness and the lands of Auchinflour, which amounted to as much as 104 merk lands102. The Myretoun estates, which had previously been an 80 merk land, were now more than doubled to a 184 merk land. But the Cardiness estate had suffered severely as a result of an unfortunate succession of minor owners and consequent heavy feudal casualties (see page 151). Williams acquisition, therefore, though of territorial importance, brought with it financial embarrassment, which, within 25 years, was to ruin him and his son, compel them to sell their ancient patrimony, and to die overseas. To what extent this may have been brought about by mismanagement, incompetence, or reckless living, it is impossible now to say. In 1594 William and Marie sold the 10 merk land of Auchinflour to Thomas McClellane of Bombie103. This was followed the next year

Registrum Magni Sigilli 1546/80. 2231. Calendar Myretoun Writs 33. 101 Calendar Myretoun Writs 34. 102 Exchequer Rolls XIX 446. 103 Registrum Magni Sigilli 1593/1608. 208.
99 100

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25 by the wadset of the 12 merk land of Kirkbryd in the parish of Anwoth to Sir John Gordon of Lochinvar104. Further, in 1596, the barony of Myretoun was heavily burdened by a bond of 15000 merks in favour of Sir Patrick Vaus of Barnbarroch, who granted a letter of reversion and a tack of the barony to William at a rent of 1300 merks until the bond was redeemed. In effect, William was thus now only a tenant of his own barony. To simplify the transaction, Sir Patrick renounced a previous bond for a much smaller sum, now paid off, over the lands of Dowrie and Drumtroddane105. But in spite of this simplification, William, having got Sir Patricks money, displayed some hesitation in carrying out the conditions of the contract. So, on 7 March 1598, Vaus secured from the Court of Session a decreet of registration106. At this point owing to missing documents there is a break in the narrative and not until 1615 was there further notice of this burden. In the meantime, Sir Patrick was dead, and his son, Sir John Vaus of Longcastell and Barnbarroch, had inherited his fathers rights. The burden remained the same, but the annual rent paid by William had in someway increased to 1400 merks: the rate of interest, too, had gone up. Further, Williams son, Alexander, had been made a party, and no less than five cautioners were surety for them, of whom one, John McCulloch of Ardwell, was destined to figure prominently in the history of Myretoun. Clearly, a new bond to Sir John had been substituted for the bond to Sir Patrick. But William

Registrum Magni Sigilli 1593/1608. 518. Calendar Myretoun Writs 42. 106 Calendar Myretoun Writs 43.
104 105

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26 McCulloch was just as casual in his dealings with the son as he had been with the father. He had never obtained the subscription of his cautioners to the undertaking 107. So, under pressure from Sir John, he granted an undertaking to convene his cautioners in the parish kirk of Wigtown and make them subscribe, failing which, he was to remove from the barony, of which Sir John was to take actual possession108. The following year, William transferred his right of redemption to his son109. The end was now in sight. In December 1621, William and his son, Alexander, assigned the reversion contained in their contract with Sir John Vaus in favour of Dr. John McCulloch, of the house of Killasser, and agreed to infeft him in the barony of Myretoun110. The doctor at once repaid the 10,000 to Sir John Vaus111 and, on 15 August received sasine on a Crown Precept112. Apart from his financial embarrassments and the dispersal of his lands, only a few sidelights can be thrown upon William McCulloch. In 1587 he was on the assize which tried and sentenced to be hanged at the Mercat Cross of Edinburgh a number of participants in the Raid of Ruthven113. Some of the protestant lords, alarmed by learning that the King had consented to arraign them for conspiracy against his person, seized him at Ruthven Castle and kept him prisoner for nearly a year. He then escaped, punished some of the conspirators and pardoned the rest.

Register of the Privy Council X 50. Calendar Myretoun Writs 51. 109 Calendar Myretoun Writs 52. 110 Calendar Myretoun Writs 70. 111 General Register of Sasines X 69. 112 Particular Register of Sasines Wigtown 178. 113 Agnew's Hereditary Sheriffs 210.
107 108

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27 William McCulloch maintained a close association with the Gordons of Lochinvar, to whom he was probably related through his mother, Margaret Gordon. In 1589 he was surety that Sir John Gordon of Lochinvar would not harm Edward Maxwell, fiar of Lamington, nor the McDowells of Garthland: nor, in 1595, David Ramsay of Balmene114. In September, 1601, George Stewart, brother to Matthew Stewart of Dunduff, had been slain by some of the Gordons, and Thomas McCulloch, servitor to the slain man, had been made prisoner and spirited away, probably because he was an inconvenient witness. Only two of the guilty parties had been apprehended, Roger Gordon of Glasniche and John Glendonyng of Drumrash. The McCullochs of Torhouse and Drummorrell were ordered not to reset the Gordons, and the case was adjourned to collect evidence against the principal actors who were still at large. Lochinvar himself was suspect and was called on to find William McCulloch as surety in 10,000 for his appearance. The laird of Myretoun was also cautioner in 500 merks that Glendonyng would appear to answer the charge. Neither of them put in an appearance and William was called on to pay both penalties115 116. As late as 1612, William was put to the horn for Glendonyngs non-appearance at the Justice Court at Edinburgh117. Another of his legal experiences is illustrated by the trial of Patrick McKie in Quhythills, brother of Archibald McKie of Myretoun, when the Assyise, be the mouth of William McCulloch of Myretoune, in ane voce, fylis the said Patrick Mcke of art and part of the tressonabill forgeing, feinzeing, counterfuting, and straking of certane fals and

Register of the Privy Council IV 372. 400 & V 668. Register of the Privy Council VI 707. 708. 303. 116 Pitcairn III 121. 117 Register of the Privy Council IX 509.
114 115

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28
adulterate money, sic als fals half-merkis, xl d. pecis, to grit quantitie, callit Lochmabalies, in cumpanye with Lawrence Nicholai Italiane and utheris thair assistaris: And he thairfoir adjugeit, be Andro Lyndsay, dempster, to half foirfaltit and tynt lyle, landis and guidis, to be applyit to our soverane lordis use, and himself hangit to the deid, at the s a., pecis, plakkis and balbeis118. In 1610 be was appointed a Commissioner for the Peace for Wigtownshire, and again in 1612119, whilst at the very moment he was preparing to depart to Ireland, he was again appointed a Justice of the Peace and made Convener for the Stewartry and Wigtownshire120. With the intervention of Dr. John McCulloch, any physical association with Myretoun by William McCulloch seems to have come to an end. The final assignment to Dr. John was signed by William in Edinburgh, and by his son, Alexander, at King Street, London, where he may have gone to repair his fortunes121. By February 1623 both were residing at Refad of Airds in Ireland, to which district many of their compatriots, including the Laird of Kilhilt, had retired, driven there as much by financial embarrassment as by the religious troubles of the times. It is not known when or where William died but he was dead by 1626122. He had the following issue by his second wife, Marie McCulloch123 1. Alexander McCulloch of Myretoun, of whom hereafter.

Pitcairn I 134. Register of the Privy Council IX 77. 451. 120 Register of the Privy Council XIII 344. 121 Calendar Myretoun Writs 71. 122 Ardwall Papers 182. 123 Ardwall Papers 176.
118 119

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29 2. Agnes McCulloch, who married Duncan Crawford of Nether Skeldoun124. Her daughter, Isobel Crawford, married in 1642125 William McCulloch (ii) of Nether Ardwall and is an ancestress of that family (see page 258). 3. Elizabeth McCulloch, who married John McCulloch of Ardwell, later of Myretoun (see page 67), the contract being dated 1 November 1608126.

Alexander McCulloch of Myretoun

Alexander McCulloch can scarcely be described as laird of Myretoun: indeed, he is only once or twice called of Myretoun. In 1619 he was fined 100 merks for declining to serve on the assize to try Maxwell of Garrarie for the murder of John McKie of Glassock127. Although not served heir to, his father until 1634, he sold the barony of Cardiness in 1629 to John Gordon of Ardwall128: that is to say, what remnants of it remained to him, John Gordon having already, by purchase and wadset, acquired the greater part of it. This disposition, which appears to have been out right in its terms, should be particularly noted. It was to loom large in the subsequent history of the Myretoun and Cardiness families. Alexander died in Ireland in September 1642, his executor being John McCulloch of Barholm, a creditor129. Until recently it was thought that he had never married and had, therefore, left no issue and that, with him, the line of the original family of McCulloch of Myretoun had come to an end.

Register of Deeds 366. Ardwall Papers 216. 126 Protocol Book of James Glover 85a. 127 Agnew's Hereditary Sheriffs 250. 128 Registrum Magni Sigilli XXVI 25. 129 Edinburgh Testaments.
124 125

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30 But, in the summer of 1959, there called at Ardwall a young American, by name, William Crews McCulloch, an officer of the United States Artillery on leave from his unit which was stationed in Germany. He claimed that he was a representative of the House of Myretoun and was descended from Alexander McCulloch who died in Ireland in 1643. He did not have with him details of his descent but put the writer in touch with his sister, Mrs Bailey Ray Henry of Gideon, Missouri to whom he is very greatly indebted for the considerable trouble she took in giving the following interesting details of the American descent of the family. Among the descendants of Alexander McCulloch in America was one James Iredell who was one of the first Supreme Court Justices in the United States appointed by George Washington in 1790. His biography, entitled The Life and Correspondence of James Iredell was written by Griffen J. McRee and published by Appleton & Co. of New York in 1857. It quoted an old document kept in the family entitled The Genealogy and Memoirs of the House of Myrton. This document is known to have been in the possession of James McCulloch, a bachelor, of Camdey, Dundalk, who was a first cousin of James Iredells mother, Margaret McCulloch, and a copy of it in the handwriting of James McCulloch came into the possession of James Iredells biographer, McRee. The original appears to have passed from James McCulloch to his nephew, Henry Eustace McCulloch of North Carolina, in whose possession it was in 1767. But since then all trace, both of the original and the copy appears to have been lost. The document as quoted in James Iredells biography runs :-

37

31 Captain Cullo ONeal, and many other Irish officers of Edward de Bruces army, went with King Robert de Bruce to Scotland, who knighted captain Cullo ONeal, and preferred him to be his standard bearer and Secretary of State, and gave Sir Cullo ONeal lands in Lorne, as likewise the lands of Myrton and Achawan, which comprehend Killerar and Ardwell in Galloway. Sir Cullos charter is dated at Dunstaffnage, holding in fee, blench farm, the reddendo being a rose to the king to smell at when he comes to Myrton. Sir Cullo ONeal died in the year 1331, and left his estate of Myrton and other lands in Galloway to his eldest son, Sir Godfrey, who assumed the surname of McCullo and Sir Godfrey had his charter renewed at Perth in the year 1332, by David de Bruce, then King of Scotland. Sir Godfrey McCullo died in the year 1358 and was succeeded by his eldest son, Sir Alexander McCullo, who died in the year 1399, and was succeeded by his eldest son, Sir Norman McCullo, who had his charter renewed at Rothsay in the year 1400, by King Robert the Third of Scotland, and was knighted in 1429 by King James, and died in 1445, and was succeded by his eldest son, Sir Eleseus McCullo, who died about the year 1448, and was succeded by his eldest son, Sir Alexander McCullo, who died about the year 1524, without male issue, and was succeded by his sonin-law Henry McCulloch of Killerar (sic) and Margaret, his daughter, (which Henry was descended from Thomas, second son of Sir Norman McCullo) and got their charter renewed by King James the Fifth in the year 1525, and died about the year 1561, and was succeded by their eldest son, Simon McCulloch, who got his charter renewed by Queen Mary, daughter of James the Fifth, and died in the year 1592, and was succeded by his eldest son, Alexander McCulloch, who finding his estate much embarrassed by family debts, borrowed some large sum of money from a Dr. McCulloch in London, the repayment of which he secured by inheritable bonds, and put his estate of Myrton into the hands of his brother-in-law, John McCulloch, Laird of Ardwell, designing that the rents thereof should clear his debts, - and having fixed his affairs in such manner, Laird Alexander came to Ireland with his family to Sir Henry ONeal, who gave him lands near the main water, where he resided till the time of his death, which happened in the year 1643, and was succeded by his eldest son, William Esq., of Brandlston, who died in the year and left two sons, to wit: James McCulloch of Grogan and Henry McCulloch of Brandalston. John, Laird of Ardwell, turned out a bad trustee to Laird Alexander and his family, having bought up for his own use all the old family debts and heritable bonds affecting Myrton Estate etc., and color thereof, Ardwell and his family continued

38

32 possessors of Laird Alexanders Scotch Estates, and had a son named also Alexander who was knighted by King Charles the Second. But how William of Brandalston came to submit to such frauds, I have not been able to trace. This is evidently the oral tradition of the descent of the family and is interesting as shewing how oral tradition though, broadly the same, can differ from fact as established by official record. None the less, it contains a substantial element of established fact and, on that account, may be considered sound evidence for the descendants of Alexander McCulloch. James Iredells Biography also gives details of his contemporary relatives who were also descendants of Alexander and these are shewn in the accompanying Pedigree Chart A. It will be seen from the above that Alexander McCulloch left issue of whom the eldest son was William McCulloch of Brandalston. He, in his turn, had two sons 1. 2. Henry McCulloch of Brandalston James McCulloch of Grogan

Details of the descendants of James McCulloch of Grogan, of whom James Iredell was a great grandson, are given in the latters Biography and are shewn in the accompanying Pedigree Chart A, from which it will also be seen that, by his first marriage, he had a daughter who married her cousin, Henry McCulloch, son of Henry McCulloch of Brandalston. Henry McCulloch with his wife, whose christian name is not known, emigrated to North Carolina about 1719. He became Secretary of the Province and a Councillor and died in 1775130. His son was:

130

Colonial Record Vol V 440.

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33 Alexander McCulloch who was born in 1715 and was thus a young child when the family emigrated from Ireland to America. He settled at Halifax in North Carolina and was Halifax Countys first representative to the Colonial Assembly which met at New Bern. He was appointed Assistant Judge in 1756, Auditor in 1757, Deputy Surveyor and Auditor General in 1759, a Burgess in 1760 and was appointed to Governor Dobbs Council in 1762 in which capacity he served for many years. Later, he was Clerk of the Halifax County Court. He was too old for service in the Revolutionary War but was, none the less, an ardent Whig. He married Sarah Hill who was born in 1716 and died in 1771, one of the well known daughters of Benjamin Hill of Bertie, North Carolina, from whom she inherited 400 acres of land on the Roanoak River131. Alexander McCulloch died in 1798. By his will, made in 1795132 he bequeathed to my granddaughter Sarah McCulloch, these slaves, Warren David, Flora, their children, Martin, Susetta and Black and Petty and their future increase to her, her heirs and assigns. I give to my granddaughter Mary McCulloch these slaves: Willis and Doll, Hastys children, Phil and Sip, Dolls children, Maria, Dinahs child, and Celia, and their future increase to her, her heirs and assigns. I give to my grandson Samuel McCulloch, these slaves: Flora and Sam, children of Amarille, Virgi, son of Dinah, Jupiter, Grace and David, the waggoner and their future increase to him, his heirs and assigns. I give to my grandson Benjamin McCulloch, these slaves, Lucy, Hastys daughter, Daphne and Lucy and David and Will, sons of Amarille and Mark and their future increase to him, his heirs and assigns. I give to my grandson Alexander McCulloch these slaves, Roger, Clary, Duk, Will, Ammarrillis, Archy, Yorick, Greenwich, Caesar, William, son of Luch, Antrim and Jeffry and their future increase to his heirs and assigns. I also give to the said Alexander, my land and plantation and mill in Warren County, to him, his heirs and assigns forever. He is likewise to have Duk, the miller, and his wife Scilla and the crop and stock of horses, cattle etc and tools that may be on said plantation when I die. I give to my grandson, Alexander Frohock, a wench named Grace, and her children, which are in his possession, to him, his heirs and assigns. I give my man, Philip,

131 132

Abstracts of North Carolina Wills - Grimes. Will Book North Carolina Vol III 313.

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34 to Willis Jones, his heirs and assigns. I hereby direct my executors hereinafter named, or either named of them to sell household and kitchen furniture, the crop, my stock of cattle, horses etc., tools and implements of husbandry that may be on my plantation in Halifax County to raise money for the payment of any debts. I also direct authorise and empower my said executors or either of them to sell and convey such part or parts of my land in Halifax County as they or either of them may think if it should be found more expedient so to do for the more easy Division of my Estate, because I choose that land should be sold, rather than negroes. I give the remainder of my estate of every kind, real and personal, including the following negroes, to wit, Allen, Little Duk, Gabriel, Elijah, Mulatto Betty, her son Dick, Daniel, Francis, Phil, Mary, Sabina, Mahala, Josiah, King, Hasty, Penny, Isaac, Arthur, Nancy, Pompey, Bob, Lamb, Brumfold, Lattin, Gus, David, Nancy, and Edenton and their future increase after payment of my debts to my grandchildren, Alexander, Samuel, Benjamin, Sarah, Mary and Elizabeth McCulloch, to be divided equally among them, share and share alike, to them, their heirs and assigns. By a Codicil dated 1797 he bequeathed his landed property to his grandsons, Samuel and Benjamin McCulloch, as follows Beginning in my line in the Marsh Swamp near the bridges, thence along the road leading to Halifax Town to the run of Little Swamp, then the meanders of the run, up to the head of said swamp, thence to my West Line, then along my Lines and John Purnalls to the run of the Marsh Swamp, then meanders of the said run to the beginning and the said lands are to be divided, between the said Samuel and Benjamin, Thus: place the compass in the middle of the lane which divides the plantation called the Old Place from the plantation whereon I live, run westwardly the course of the lane to the swamp, then reverse the course and run eastwardly to Little Swamp and this shall be the Line of Division and give the upper part, being the land and plantation whereon I live lying North of the dividing line to my grandson, Samuel McCulloch, his heirs and assigns. I give the lower part, lying South of the dividing line to my grandson, Benjamin McCulloch, his heirs and assigns forever. Alexander McCulloch and Sarah Hill had the following issue:

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35 1. 2. 3. James McCulloch, who died unmarried in young manhood133. Benjamin McCulloch, of whom later. Henry McCulloch

4. Penelope McCulloch who married John (or Thomas) Frohock. The latter was a Royalist and went to England at the beginning of the Revolutionary War. They had a son: 1. Alexander Frohock mentioned above in his grandfathers will.

Benjamin McCulloch was born in 1737 and named after his grandfather, Benjamin Hill from whom he inherited land in Cashia Neck134. He was a member of the Committee of Safety for Halifax County in 1774 and a Member of the Colonial Assembly which met at New Bern in 1775135 and of the Congress which met at Halifax in 1776136. He married in 1758 Sarah Montfort Stokes who was born in 1744 and died in 1799. She was the daughter of David Stokes and sister of Montfort Stokes, Governor of North Carolina and John Stokes, United States Judge. Holtens List shews that her grandfather, John Stokes and his wife, came to Virginia in the Warwick and he is shewn in the muster of James City in 1624. Benjamin McCulloch died in 1809 at Edenton, Chewan County, North Carolina. He left no will and accordingly a Commission had to be appointed to carry out the division of his landed property among his sons. He and Sarah Stokes had issue

Records of North Carolina Vol IV 11002. Records of North Carolina Wills. 135 Historical Sketches of North Carolina Vol II 185. 136 Historical Sketches of North Carolina Vol II 185.
133 134

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36 1. Alexander McCulloch, of whom later 2. Benjamin McCulloch who was born in 1760 and died in 1829. In 1789 he married Sarah Little Coswell who was born in 1768 and died in 1833. Details of their descendents are given in the accompanying pedigree Chart B. 3. Samuel McCulloch who married Sally Moore. They had a daughter who married Thomas Kirkman. 4. Mary McCulloch who was a twin to her brother, Samuel, and married Benjamin W. Williams of North Carolina. 5. Sarah McCulloch who married a Mr. Schenck, a foreign diplomatist with whom she went to Europe and died there without issue. 6. Elizabeth McCulloch who married William Boylan and whose descendents still live in Raleigh, North Carolina. ALEXANDER McCULLOCH There is some doubt as to the date of birth of Alexander McCulloch but it is thought to have been in 1759. It took place in Lunenburg County, Virginia. He was a graduate of Yale College and was one of the stern men of his day with great decision of character and energy in whatever he undertook. His son, General Henry Eustace McCulloch, says of him, He was very much such a man as my brother, General Benjamin McCulloch, in all respects save one. He was not an economist and loved to spend money on his friends. His generosity was much abused by some, upon whose bonds he had signed as a surety, because of which his estate was so much wasted that he found it impossible to meet expenses necessary in securing an education to his younger children, a misfortune fully appreciated by him. Despite these obstacles the sons of Alexander McCulloch received an education at home. At his death, his estate, consisting of money, plantations, Negroes

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37 and unimproved lands, lying principally within the State of Tennessee, was valued at only 100,000 dollars. He served as Aide de Camp to General James Coffee, under Andrew Jackson in the Creek Indian War, and in the War of 1812. General Coffees army was sent to Huntsville, Alabama, in advance of the rest of the army for the purpose of protecting the citizens of the Tennessee River Valley from the threatened attack by the Creeks, during the Indian War. In the war of 1812 he participated in the Battle of New Orleans. Alexander McCulloch had moved to Alabama in 1820 and settled on the Tennessee River at the Muscle Shoals. Here he lived for some ten years. Since Muscle Shoals was a new country it abounded in all kinds of game and was a winter resort for the Choctaw Indians. While they lived there, his son, Benjamin, learned from the Indians to make blow guns and bows and arrows and how to use them. He quickly acquired such proficiency that no Indian boy of his own age could compete with him. This proved useful to him later in various engagements with the Indians. The family next in 1828 or 1829 moved on to a 10,000 acre land grant in Dyer County, Western Tennessee, which ran from the Forked Deer river near Dyersburg north to the Obion river. Here, their neighbours were the Crocketts. David Crockett, still a popular hero with the young, and Benjamin McCulloch became very good friends. Other notable friends were Benjamin Porter, William Terrell, Nathan Benton, W. C. Chambers, John Kenley, Richard Ball, Ransom Hill, Moody Chase, Samuel McCorkle, and Moses Heddon who were all pioneer settlers in that area. They established churches in their settlements and McCullochs Chapel in the tenth

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38 district of Dyer County still stands, being named for Alexander McCulloch137. Alexander McCulloch married in 1799 at Nashville, Tennessee, Frances Fisher Lenoir who was born in Dinwiddie County, Virginia and died in 1866 in Ellis County, Texas. Of French origin, as her name indicates, she was a daughter of a planter and slave owner in Virginia. Alexander McCulloch died in 1846 in Dyer County, Tennessee and the sterling character of the man is shewn in an obituary notice written by the Reverend G. M. D. Harris who was for many years a presiding elder in the Methodist Episcopal Church, a neighbour and intimate personal friend of Alexander McCulloch, and which appeared in the Nashville Christian Advocate It is with mournful pleasure that I announce to you and the readers of your Journal, the death of my old, well tried friend, Major Alexander McCulloch. His death took place in Dyer County, Tennessee, on the night of the 4th of August 1846, after an illness of three weeks, during which period his sufferings were extreme. It, however, pleased a Gracious Providence to favour him all the time with his reason, and being confident, as he often stated, during his illness, that his sickness would be unto death, he deliberately arranged his temporal affairs, set his house in order, and waited the summons of the Lord, in the comforting assurance of a gracious immortality. His religion was both experimental and practical, uniting the power with the form of godliness. In the person of Major McCulloch, grace achieved much, for by nature he was not only high minded, but high tempered, impetuous, and a stern man, whose heart was never assailed by the passion of fear. But grace subdued the lion and gave a happy direction to the energetic mind, bringing in to captivity all to the obedience of Christ. As a neighbour, he was kind: as a friend, he was sincere: as a husband, he was affectionate: as a parent and a master, he was tender. But that which spread a serene lustre upon his whole life was his unshirking piety. He was born in Lunenburg County, Virginia, August 16th 1776

137

History of Dyer County 843.

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39 and was happily converted to God in Alabama in 1821. He soon after united himself with the Methodist Episcopal Church and to the day of his death exercised the joint office of class leader and circuit steward, and in the latter capacity he had but few equals and no superior. And in his advanced age, bad weather nor distance of place prevented his personal attendance at quarterly meeting. His religion was not only a principle, but a feeling. Though I have been connected with him in different periods for the last fifteen years, I cannot remember a single instance when he was not present at quarterly meeting. Love governed his soul, peace kept his heart and that sacred peace often kindled into holy joy especially during his last affliction, as he frequently remarked, that though his earthly tabernacle was fast dissolving he had a better house above, eternal in the heavens. To say that he had no faults would be to deny that he was human. But this we may safely affirm, that those who knew his faults, knew also his virtues. I yield to the truth of his death with a sorrowful heart, for I knew him well, and loved him much. But that sorrow is greatly moderated by the comforting hope that I shall soon see him again in that house whose maker and builder is God. He is buried three miles from Dyersburg, Tennessee, on a low hill not far from the main highway out to the Mississippi River. The stone of marble and 5 feet high, is still (1963) in very good condition, though tangles of wild honeysuckle vines have almost covered it over. Alexander McCulloch had the following 13 children: 1. Alexander McCulloch, who was born in 1800 in Nashville, Tennessee. He spent some time in Texas surveying land for the Government, with his brother Benjamin and served in the Texas army in 1836-37 and in the Mexican War of 1846-47. He was a Colonel of the Militia in Dyer County, Tennessee during the Civil War. He married in 1824 at Madison County, Tennessee, Prudence Tabithia Davey who was born in 1804 and died in 1861, being buried on her fathers old home place in that county. Alexander McCulloch died in 1866 in Weakley County, Tennessee. He had 11 children and details of his descendents are given in the accompanying Pedigree Chart C.

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40 2. John Stokes McCulloch. He was born in 1803 in Rutherford County, Tennessee and served as a Captain in the Confederacy Quartermasters Department. He married, Frances Peoples, in Molten County, Georgia. 3. Samuel McCulloch. He was born in 1805, also in Rutherford County and became a merchant in Florence, Alabahama, where he died unmarried at the early age of 21 in 1826. 4. Benjamin McCulloch. The following details of the career of Benjamin McCulloch are given in Appletons Encyclopaedia of American Biography, Vol.IV. He was born in Rutherford County, Tennessee in 1811. His formal education was slight but travel and extensive reading and study at home supplied the lack. Leaving school at the age of 14 he became an expert hunter and boatman.138 In 1835, when about to join a party of trappers on a trip to the Rocky Mountains, he heard of the expedition of his neighbour, David Crockett and other friends in aid of the Texan revolutionists, and hastened to unite with them but arrived too late at Nacodoches, the place of meeting, and started alone for the Brazes River, where he was taken ill, having an arm wound from a duel, and did not recover till after the fall of the Alamo. When health returned, he joined General Samuel Houstouns army and did good service at San Jacinto in command of a gun, one of the two pieces called the Twin Sisters by Houstoun. After the army disbanded he settled at Gonzales, Texas, where he engaged in surveying lands on the frontier and was elected to the Congress of Texas in 1839. In 1840-41 he was engaged in repelling Indian raids, notably at the sanguinary fight at Plum Creek. He subsequently had many encounters with the Comanches. In the great Comanche raid in which he participated there were one thousand Indian warriors. He was also involved with other Indian tribes and with Mexican raiders. When Texas was admitted to the Union in 1845 he was

138

Appleton, Encyclopaedia of American Biography Vol IV.

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41 elected to the first Legislature and was appointed Major General of the State Militia, comprising the entire region west of the Colorado River. At the beginning of the Mexican War, he raised a hand picked company of Texas Rangers who provided their own horses and arms. His services as a scout were highly valued by General Zachary Taylor and at Monterrey his company went forward to feel the strength and position of the Mexican forces, opening the fight. He was made quartermaster with the rank of major in 1846. He led his scouts on a daring reconnaisance at Buena Vista and fought with bravery throughout the day. He was afterwards attached to the army of General Winfield Scott, resigned his staff appointment in 1847 and with his company of spies, performed useful services at the taking of the city of Mexico. In 1849 he went to California during the gold rush and settled at Sacramento where he was elected Sheriff of the county. He returned to Texas in 1852 and in the following year was appointed by President Pierce, United States Marshal, in which office he was continued by President Buchanan. He spent much time in Washington D.C. where he interested himself in studying improvements in ordnance and small arms. In 1857 he was appointed with Lazarus U. Powell, a commissioner, to adjust troubles with the Mormons in Utah, and, after the despatch of troops to that country, was commissioned to report on the condition of Arizona. In 1861 he was in Washington D.C. engaged on his final reports, and when he had concluded his business with the Government, he hastened back to Texas and was appointed to raise a temporary force to take possession of the United States arsenal at San Antonio and other posts. He was an original and ardent secessionist and at that time a colonel. After declining the command of a

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42 regiment, he was commissioned a Brigadier in the Confederate Army on 14th May 1861, and ordered to take command of Indian territory. He reached Fort Smith, Arkansas about the end of May, organised an army in haste, and marched to the succour of Governor Claiborne Jackson of Missouri. Forming a conjunction with General Sterling Prices Missouri State Guards, he encountered the troops of Generals Nathaniel Lyon and Franz Siegel in the Battle of Wilsons Creek otherwise called the Battle of Oak Hills. After the defeat of the National forces, McCulloch, having no orders to re-enter Missouri, went back to Arkansas, surrendering the command to General Price. He took part in General Van Dooms ineffectual attempt to surround General Siegels force at Bentonville, Arkansas. At the Battle of Pea Ridge or Elkhorn he commanded a corps of Arkansas, Louisiana and Texas troops and, while riding forward to recconoitre, was killed by the bullet of a sharpshooter, said to be Wild Bill Hickok who lay behind a log that day and killed numbers of confederates. General James McIntosh, his second in command, fell almost simultaneously and the Confederates, left without a leader, soon fled in disorder. An account of his successful action at Wilsons Creek is taken from The Battle of Bonnie Wilson by Edward A. Winter 1941: General McCulloch received orders from the Confederate Government on the fourth day of August, despatching him to attack General Lyon and his forces concentrated at Springfield, Missouri, at the first available opportunity. I can vouch for this information because I was sitting in the shade of a big oak tree reading old newspapers from Little Rock, when General McCulloch

49

43 received orders to attack. Soon as he finished reading the orders, he turned to his ades, smiled, and said Well, boys! Its up to us to drive the Yankees out of Springfields. To which an ade responded That wont be a very big job! Then General McCulloch said, You must remember, Colonel, we will be fighting Americans when we attack the Federals. On August ninth just as twilight settled about us orders were given by General McCulloch that by nine oclock we were to march in four columns for Springfields to attack General Lyons and his forces. But just as darkness routed twilight and it was as dark as all Egypt, rain began falling backed by an immediate approaching storm, so General McCulloch then revoked our marching orders and we all began hunting sheltered places to sleep. But sleep was out of the question for I do believe every mosquito along Wilsons Creek was on the war path, as well as ourselves. The battle lasted less than six hours, yet among the approximately 10,000 Confederates and Federals engaged, about 16% were either killed or wounded or missing. The casualty list of the Union Army was 1300 and of the South 1200. A total of 500 were listed as killed. General Benjamin McCulloch and General Sterling Price commanded the Confederates and General Nathaniel Lyon the Federals. General McCullochs army consisted of the following outfits: The 3rd Louisiana Infantry, 1st Arkansas Mounted Rifles, McRaes Arkansas Battalion, 3rd Arkansas Infantry, 4th Arkansas Infantry, 5th Arkansas Infantry, 1st Arkansas Cavalry, Greers Texans and two batteries that I failed to get the name of. The Confederates were victorious with General Nathaniel killed that day. Of the Battle of Pea Ridge Harpers Encyclopaedia of United States History, Vol. VII, states: General Price had fled into Arkansas from Missouri pursued by Curtis. Generals Van Dorn, McCulloch, McIntosh and Pike came from western Arkansas to help him. They were near Pea Ridge, a spur of the Ozark Mountains. The Northern army with Curtis, Siegel, Asboth and Davis were in Sugar Creek Valley139.

139

Harper, Encyclopaedia of United States History Vol VII.

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44 Towards noon on March 7th 1862 the battle opened, and raged most severely. Davis fought desperately with McCulloch, McIntosh and Pike. When the battle cleared the field was strewn with dead. The Confederates fled leaving their dead and wounded on the field. Among the latter were Generals McCulloch and McIntosh, mortally hurt. In the east the Union army had won at Fort Donelson, Fort Henry and in the battle for the possession of Eastern Kentucky where the Confederate Commander, Zellicoffer, had been killed and the Union General, George M. Thomas, won his first great victory. The Confederates had suffered severely at Pea Ridge, Arkansas. Although no material advantage had been gained on either side there, McCulloch, the noted Texas Ranger, fell, and the picturesque Albert Pike, with his two thousand Indians, lent additional colour to the scene. That gallant little army of the trans-Mississippi had fought many desperate battles under such leaders as McCulloch, McIntosh, Ross, Green, Maxey, Waul, Price, Van Dorn, Pike, Walker, Shelby and Cabell. A further account is given in the American Confederacy (Greely): When the Rebels confronted the Unions, Price formed the right, McIntosh, the centre, and McCulloch, the left. They formed at 10.30 a.m. McCulloch attacked with overwhelming force upon Carrs division at and near the Elkhorn Tavern. The battle raged all day and when the night closed in the field was reddened with the blood of many, including Generals McCulloch and McIntosh, both mortally wounded. The North lost 1351 men that day of whom 701, more than half, were of Carrs Division. There is at present a movement on foot, in the meantime unsuccessful, to have the site of General McCullochs last battle made a National Park. But his name is commemorated in McCulloch County in Texas which is named after him.

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45 5. Henry Eustace McCulloch was born in 1816 in Rutherford County Tennessee. In 1836 he went to Gonzales, Texas, to join his brother, Benjamin, with whom he was a partner in many enterprises. He fought for the independence of Texas and was a Brigadier General in the Confederate Army. Greely in The American Confederacy gives this account of him: While the Siege of Vicksburg was in progress General Grant was compelled to present a bold front at once to Pemberton and to Johnston so he had necessarily drawn to himself nearly all the forces in his department, stripping his forts on the river above him so far as was consistent with their safety. Millikens Bend had thus been left in charge of Brigadier General E.S. Dennis with barely 1061 men. Against this post a rebel force from the interior of Louisiana, said to consist of six regiments under General Henry Eustace McCulloch, numbering two or three thousand, advanced from Richmond, Louisiana. At 3.00 a.m. they advanced to the assault, rushing over the entrenchments. A hand to hand battle of several minutes ensued, resulting favourably for the rebels.140 Henry Eustace McCulloch married in 1840 in Gonzales County, Texas, Isabella Jane Ashby, and a note of their descendants is given in the accompanying Pedigree Chart D. 6. James Coffee McCulloch was born in Rutherford County, Tennessee, in 1819 and died in Ellis County, Texas, in 1866. He married in 1847 in Dyer County, Tennessee, Minerva Jane Wilson. He was afflicted with rheumatism from early boyhood. 7. Andrew Jackson McCulloch was born in Dyer County, Tennessee, in 1829 and died the following year. 8. Sarah Montfort Stokes McCulloch, born in 1801 in Davidson County, Tennessee and died in 1839. She married Albert F. Keeble.

140

Greely, The American Confederacy.

52

46 9. Mary Ann McCulloch born in 1807 in Rutherford County, Tennessee, and died in Gonzales County, Texas, in 1846. She married in 1824 in Laurence County, Alabama, William L. Mitchell. 10. Frances Olivia McCulloch born in 1809 in Rutherford County, Tennessee and married in 1830, in Gipsen County, Tennessee, Charles Parish. 11. Harriet Maria McCulloch was born in 1814 in Rutherford County, Tennessee and died in 1840. She married in 1837 in Dyer County, Tennessee, Nathaniel Benton, a nephew of Senator Thomas Hart Benton of Missouri. He was Captain of a Company of Texas Rangers in 1855 and was Lieutenant Colonel of Woods Regiment of Texas Cavalry in the Confederate service, in which he lost an arm. 12. Elizabeth Julia McCulloch was born in 1821 in Laurence County, Alabama and married in 1841 in Dyer County, Tennessee, Robert McKendree Tarrant. A note of her descendants is given in the accompanying Pedigree Chart B. Her great grandson, John E. Tarrant, resides in Louisville, Kentucky. 13. Adelaide Delia McCulloch was born in 1825 in Laurence County, Alabama and died in 1861 in Dyer County, Tennessee. She married in 1840 Albert G. Pierce.

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47

Dr. John McCulloch of Myretoun

The new owner of Myretoun, it will be recalled, was Dr. John McCulloch. He was the son of John McCulloch, Burgess of Edinburgh, who was an illegitimate son of the first Henry McCulloch of Killasser (see page 88). The following details of his career, as also of his brothers, are the result of painstaking and remarkably successful research by Major W. S. Borthwick in connection with his history of the parish of Mochrum. He graduated M.A. at Edinburgh University in 1592, having been born, if we can trust his monumental epitaph, in 1576. As precocious as his elder brother, he essayed the Ministry, and, according to Fasti, became Minister of Broughtoun in 1593, but resigned in 1595 because he could find na sufficient provisioun. Clearly, the Church provided but little prospect for this ambitious young Scot. But philosophy was part of the curriculum at Edinburgh, so his first effort to find employment on the continent was at Leyden, where he applied on 20 November 1597 for the post of lecturer of philosophy at that university. But there was no more money in philosophy than in the church, so he turned his thoughts to alchemy, which, in not too scrupulous hands, could be made definitely profitable. In 1598 he entered Basle University as a student of medicine. Like many another of later date, he had to teach in order to maintain

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48 himself and pay his university fees. In 1600 he was teaching at Montpellier University and, probably graduated M.D. there. He is then believed, on slight evidence, to have transferred to Franeker himself, in Holland, and then obtained his real chance of making good. It is not known how that chance came his way but he is next found as physician to Rudolf, the Holy Roman Emperor, who died in 1612. Two years later, he was invited by Cosmo II, Grand Duke of Tuscany, to teach at the University of Pisa as Professor of Chemistry and Physics; from this post he was asked to resign in 1617, perhaps because he devoted his talents too much to the profitable practice of alchemy and astrology. One of his friends was the well known Julius Caballus, to whom he dedicated a book in 1616. He returned to Britain and attracted the attention of James I, whose interest in alchemy was well known. The date of his appointment as Physician in Ordinary to that King has yet to be ascertained, but, as such, he was admitted a Fellow of the Royal College of Physicians without examination on 25 June 1621. He died on 6 September 1622 without issue: and his executors erected a monument to his memory in St. Margarets Church, Westminster, from the grandiloquent inscription on which, some details of his life can be derived. It is just inside the south-east door, opposite the Houses of Parliament. The 10,000 which he paid to Sir John Vaus to extinguish his bond over Myretoun doubtless represented his professional savings. This was paid on 3 March 1622 and it was a cruel fortune that he only lived a few months to enjoy the fruits of his labours.

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49

Dr. James McCulloch of Myretoun

Dr. James was born in 1574 and illustrates the wandering Scot, gifted but poor, who had to live by his wits, and sought his fortune abroad. There is some reason to believe that he can be identified with the James McCullo who matriculated M.A. at Edinburgh in 1588 and became a Minister of the Word. Throughout life the two brothers do not seem to have been parted: both became Ministers and James probably gave up that calling when his brother resigned his charge in 1595. The pair next turn up at Basel University, where they were inscribed as medical students in 1598. In 1602, then at the age of 28, he took his degree in medicine at Leyden: it was then mainly a matter of chemistry and alchemy. It is not known whether he went with his brother to the court of the Emperor Rudolf prior to 1612, but both brothers were asked to teach at the University of Pisa, James to teach medicine and look after the physic garden. Both brothers were called on to resign in 1617, and in the same year James published a book of Latin poems at Florence. Both returned to Scotland and both became physicians to James I. James survived his brother only a year, being dead in 1623. He was heir to his brother but was never infeft in the estate of Myretoun. He appears to have left either a widow, or a daughter, or both, named Margaret McCulloch: the evidence on the point is conflicting. It is stated141 that neither Dr. John nor Dr. James left heirs but in

141

General Register of Sasines Main Series XX 263.

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50 1623, Margaret, relict of Dr. James, is recorded as being infeft in the barony of Cardiness 142, an infeftment which must be especially borne in mind in considering the future histories of the Myretoun and Cardiness families. It is difficult to reconcile this with the sale of Cardiness by Alexander McCulloch to John Gordon in 1629, but, presumably, Margarets was only a reversionary interest. In 1629, too, there is recorded a petition of Alexander McCulloch for protection that he might appear in an action against the relict and daughter of Dr. McCulloch. Alexander had been put to the horn and could not, therefore, appear in court. But he wished to straighten out his affairs and had come over from Ireland for that purpose. The Privy Council granted him the necessary protection143. Whatever Margaret may have been, widow or daughter, she appears to have sold Myretoun in 1635 to John McCulloch of Ardwell, who was then in the heyday of his career of land acquisition (see page 65), and nothing more is known of her. Thereafter the Ardwell family became the family of Myretoun.

142 143

Registrum Magni Sigilli XIII 244. Register of the Privy Council 2nd Series III 74. 75. 125.
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McCulloch of Ardwell
(and subsequently of Myretoun)

Arms: Ermine frette gules: Crest: A hand throwing a dart proper: Motto: Vi et animo144

144

Lyon Register I 185, Sir Godfrey McCulloch of Myretoun.

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52

The Family of McCulloch of Ardwell

(subsequently of Myretoun) THIS family was a cadet branch of the Myretoun family, but, its earlier history, like that of the parent family is, for want of records, difficult to trace. The first of the family was:Archibald McCulloch of Ardwell to 1400 and 1439 (see page 16). He thus held Ardwell in fue and was a vassal of Myretoun. The next member of the family to appear on record was:Andrew McCulloch of Ardwell who was possibly a grandson of Archibald. He had sasine of Ardwall, presumably in confirmation, from Sir Alexander McCulloch of Myretoun in 1478145. He appeared on record in the same year in a dispute with Sir Alexanders mother, Elizabeth Hamilton, who complained to the Lords Auditors that Andrew and several of the Makcord family had reft from her 66 bolls of clene broddit aitts. The Court does not seem to have been readily convinced for the Bishop of Galloway was instructed to take her oath before restitution was ordained146. Andrew appears to have been dead by 1483 for in that year, Archibald McCulloch (ii) of Ardwell, no doubt his son, appeared in a somewhat confusing lawsuit concerning his marriage to Mirabell Mure147. In 1496, there occurred the burning of Dunskey and Ardwell. This affair, from which there were many repercussions, arose out of one murder and resulted in several other murders. On Midsummer Eve 1496, a certain Dionysius of Hamilton was murdered in the town of Wigtown and William Adair of Killhilt and Archibald McCulloch were popularly supposed to have been the murderers. They protested their innocence and their readiness to underly their Sovereigns laws, that is, to stand their trial. It is quite possible

Exchequer Rolls IX 680. Acta Auditorum 63. 147 Acta Dominorum Concilii XXV 57.
145 146

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53 that they were innocent, for, on the 3rd March 1498/9 a Crown remission for Hamiltons slaughter was issued in favour of Patrick and Andro Murheid and Andro and James McCulloch148. To secure this remission they must have admitted the crime thus inferring Archibalds innocence. Public opinion had merely blamed the wrong McCulloch. Murder was one of the four Pleas of the Crown dealt with by the Kings Justiciar on his justice-ayres, but, the power of arrest lay with the Sheriff, Quentin Agnew who was in failing health. His depute and, apparently, his successor for a brief interval, was none other than Sir Alexander McCulloch of Myretoun. His ideas of justice were of a very rough and ready type; perhaps all that could be expected from the age in which he lived. There was, apparently, no attempt at a trial either of Archibald or of Adiar. In company with Uchtred McDowel of Garthland and a large following, Sir Alexander descended on Dunskey, the seat of William Adair of Kithilt which they burnt and ravaged. Not content with this they moved on to Ardwell which they also pillaged and, to complete the punishment, they drove off with 55 cattle, 75 sheep and 5 horses, together with household plenishings valued at 30. The lairds of Kilhilt and Ardwell at once posted to Edinburgh and appeared before the Lords on 29th August demanding redress. Restoration was decreed149. This was not the first plundering that Ardwell had suffered for on 17 October 1488 the Lords Auditors compelled Quentin Agnew, the Sheriff, to pay to Kilhilt and Ardwell restitution for 28 oxen (at 24/- each), 22 kye (at 18/-), 88 sheep (at 3/-) and 4 horses (at 13.6.8d), as well as 16 merks for insight plenisching taken out of the place of Ardwell The judgment also included the significant order

148 149

Registrum Secreti Sigilli I 350. Acta Dominorum Concilii 1496/1501.

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54 that the necessary Letters were to be issued to another Sheriff, unsuspect 150 151. How this earlier raid originated is not known but it is difficult to believe that there was no connection between it and the episode of 1496. Within a year, Archibald himself had been murdered, under silence of night, by one, Patrick McCulloch, to whom the Crown granted a respite, gratis, on 17 November 1497 152, whilst, four years later, William Murray and George Tait, on paying 20/-, secured a similar respite from the Crown for the same crime. Patrick McCulloch had not long to enjoy this respite for, within a few months he also was murdered in the town of Wigtown by Patrick Dunbar, who also received a respite, gratis153. Clearly, in spite of the efforts of James IV, the Kings Writ carried little weight in the fastnesses of Galloway in those days and the Crown, making the best of a bad job, seems to have been quite prepared to sell or even to give away respites. Archibalds first marriage, to Mirabell Mure, ended in divorce154. Second wife was Euphame Carlile, who survived him. Her subsequent treatment by Sir Alexander clearly shows she did not escape the hatred he bore her husband which had provoked him into plundering Ardwell on the slenderest excuse. Although she was entitled to her terce out of Ardwell, Sir Alexander attempted to withhold this from her. In January 1499/1500, after two years of non payment, the Lords of Council ordered John Gordon of Lochinvar, as surety for Sir Alexander, to pay Euphame what was due to her155. Euphame certainly shewed no fear in her dealings with the Illustrious Sir Alexander. In 1511, Thomas McDowall, son to the laird

Acta Auditorum 118. Acta Dominorum Concilii 120. 152 Registrum Secreti Sigilli I 163. 153 Registrum Secreti Sigilli I 690. 154 Acta Dominorum Concilii XXV 150a. 155 Registrum Secreti Sigilli I 227.
150 151

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55 of Garthland, had spulzeit her of certain cattle and furnishings, and she had no hesitation in bringing an action against his surety, Sir Alexander. Since the latter failed to appear, she obtained Letters of Distraint against him156. Archibald McCulloch had the following issue: 1. Andrew McCulloch (ii) of Ardwell, who was, presumably his eldest son. In 1513157 Gilchrist MakKenzie in Killas (ser) compounded with the Crown for a felony done to Andrew McCulloch of Ardwell by searching for him for his slaughter158. The implication is that Andrew had escaped, but, since no more is heard of him and, in the same years, John McCulloch of Ardwell is described as son and heir of Archibald McCulloch and Mirabell Muir159, it seems likely that MakKenzie did succeed in accounting for him. 2. John McCulloch of Ardwell, of whom hereafter.

3. James McCulloch, who appears to have been a son of Archibald by his second wife, Euphame Carlile: at all events, James and Euphame were executors of Archibald and relations between them and John McCulloch, Mirabell Muirs child were, clearly, not cordial. There was trouble over the disposal of Archibalds effects, the chief bone of contention being as to what, precisely, were the heirship moveables, which should pass, by law, to the heir. John McCulloch, with William Adair of Kilhilt brought an action against Euphame for withholding the areship goods and failing to pay a sum of 200 merks due to Mirabell Muir160. John was successful in his action and Euphame was decerned to make over to him the following items - a stand bed, price 5/-, a feather bed and bolster, 16/-, a pair of sheets 8/-, a covering 6/8, a pair of double blankets 8/-, a brown horse 10, an ox 20/and a silver spoon161 (6).

John McCulloch of Ardwell

The name of John McCullochs wife has not survived. He appears to have had two children.

Acta Dominorum Concilii XXII 158a. Acta Dominorum Concilii 1496/1501. 369. 158 Pitcairn. 159 Acta Dominorum Concilii XXV 150a. 160 Acta Dominorum Concilii 27. 161 Acta Dominorum Concilii 152/3.
156 157

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56 1. Gothray McCulloch of Ardwell, of whom hereafter.

2. Bessie McCulloch,. who was apprehended under letters of Caption by Gilbert, Earl of Cassilis, who detained her in captivity within the Castle of Dunure. At this, her brother, Gothray. raised Letters of Horning against Gilbert, who obeyed the charge contained in them and suffered Bessie to pass at liberty162.

Gothray McCulloch of Ardwell

The next member of the family to appear on record was Gothray McCulloch, who in the absence of evidence to the contrary must be presumed to have been the son of John McCulloch. Gothray was a curiously mixed character. He was undoubtedly an astute man of business and set the foundations of the prosperity which his family was to enjoy for the following century. The records are full of references to his numerous land transactions. With this ability he combined the morals of an ape: not only did he leave behind him two legitimate families but also a whole tribe of illegitimate children. Nor was this enough: on 21 November 1584 he was charged with the crime of incest with his niece, Katharine McCulloch163. He married twice: his first wife was Agnes (or Margaret) Murray, apparently a daughter of George Murray of Broughtoun. In 1563 she raised proceedings against him, complaining of his morals164 and thereafter appears to have lived separately from him, at Whithorn, until her death in September 1582. By all the evidence, she had good reason to do so. His second wife was Marion Kennedy, sister of James Kennedy of Monunscheown.

Acts and Decreets XXXIV 23. Pitcairn I 135. 164 Wodrow Collections I 1584/1638.
162 163

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57 Gothray died on 23 December 1588 and was buried in the kirkyard of Toscartoun. He had made his testament on 20 November at ye Mansion Place of Ardwell in ye heich chalmer of ye tower. Details of his issue are taken from the testaments of himself and his first wife165. By his first wife he had :1. 2. Margaret McCulloch, who married Robert Gordon in Park and had a daughter, Janet Gordon. Helen McCulloch

3. A daughter married to a member of the Murray family and mother of Elizabeth and Katharine Murray. By his second wife he had 4. 5. 6. John McCulloch of Ardwell, of whom hereafter Katharine McCulloch Ann McCulloch

By unknown mothers he had the following natural children 7. 8. 9. 10. 11. 12. Thomas McCulloch166 James McCulloch Andrew McCulloch167 Katharine McCulloch Isabel McCulloch Marion McCulloch

John McCulloch of Ardwell

John McCulloch was a posthumous child and was thus born in 1589: he lived at least long enough to be a party to his grandsons marriage

Edinburgh Testaments. Registrum Secreti Sigilli 10 December 1575. 167 Acts and Decreets LXX 118.
165 166

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58 contract in 1667. Being posthumous, he did not appear on record until some time after his fathers death. He did not complete the legal formalities necessary to establish him as his fathers heir until December 1608. Ardwell consisted on 8 merks worth of dominical lands of Mains of Ardwell, with its tower, the 5 merk lands of Kirkmachbrig, the 4 merk land of Ringarvie, and the 3 merk land of Achork, lying in the parish of Toscartoun168. All these were held feu of Myretoun. John McCulloch embarked early on that career of land acquisition which in the course of half a century was to establish him as a very extensive landowner indeed. In 1615 he acquired the 5 merk land of Auchleoch which previously belonged to the McCullochs of Killasser. Thereafter, his acquisition of lands was progressive. In 1625 he was infeft by Uchtred McDowell of Elrig in the kirk lands of Toscartoun and the 20/- lands of Carnhegleis. In 1633 he added the 5 merk land of Drumeskat in the parish of Mochrum and the 5 merk land of Kerrindone in the parish of Glassertoun, from Patrick Vaus, fiar of Barnbarrock169. It was in 1635 that John McCulloch acquired Myretoun from Margaret, daughter or widow, at all events, heiress of Dr John and Dr James McCulloch. In 1643 he added to his estates the 10 merk land of Lybrack in the parish of Kirkinner, resigned by Patrick Vaus of Lybrack170. A much larger acquisition was the barony of Eitoun, lying in the parishes of Kirkinner and Sorbie. It had belonged to John, Lord Kirkcudbright, and consisted of the 5 merk land of Balfairne, 5 merk lands of Stewartoun, 5 merk lands of Over and Nether Orchardtoun, and the 5 merk land of Skellarie171

Protocol James Glover 84a. General Register of Sasinges XXXVI 7. 170 Registrum Magni Sigilli 1434. 171 Particular Register of Sasines Wigtown III 316.
168 169

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59 Purchases of other lands followed which have little bearing on this account of the McCullochs: it is sufficient to state that John McCulloch of Myretoun, as he was now designed, was an extensive landed proprietor. In 1657 the Myretoun rent roll is stated to have amounted to 2720 and that of Ardwell to 380172. John McCulloch died shortly after 1667 and, if one is to accept the word of Captain James Gordon, last of Craichlaw, he proceeded forthwith to the infernal regions! Captain James was responsible for an entertaining and imaginary so-called Letter from Hell, purporting to be written in about the year 1704 by John McCulloch of Myretoun from that address to the still living Laird of Barholm whose foolish persistence in attempts to entail his property, led to litigation, which lasted for some 90 years. The letter has been noticed elsewhere in detail173 but since it throws an interesting light on many of the characters still to be mentioned in the present history, part of it may well be repeated here. Cussin, Tis now near 40 of your years ago since I came hither and truly few of our name has the good luck to go elsewhere, for they are all here round about me, from the first constitution of our family which justly pretended to be chief while in being. Sir Hugh McCulloch of Pilton is as jealous of his lady as ever; my son Sir Alex. continues as amorous. My grandson Sir Godfrey has been these seven years beging a furliaf from His Majesty the Devil to pay a visit to my Lady Castle Stewart. My great grandson Sir Gilbert was detached hither by a bullet from Flanders to give notice that my representative Sir John McCulloch, Sir William Maxwell of Monreith, of merry memory, Provost Coltrane of cunning memory, and Torhouse were immediately coming down. I would not have you surprised at this, but if you have any credit for a damned ghost you may believe that Ardwall, Torhousekie, and everyone else not only of my name but of all those that ever

172 173

Agnew, Hereditary Sheriffs 343.

Transactions of the Dumfries and Galloway Natural History and Antiquarian Society 1945/6 56.

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60 descended from or wedded with my family as Baldoon Birscon Borg Larg Craighlaw etc., shall have a warm lodging here to all eternity and I assure you there are some of my own family here whose names would make a catalogue larger than would reach betwixt Myretoun and Barholm. John McCulloch was married twice. By contract dated at Cottreoch 1 November 1608, he married Elizabeth, daughter of William McCulloch of Myretoun, resigning some of his lands for her liferent174. It is not known when she died. In 1621 he married, second, Margaret, daughter of William Coupar, Bishop of Galloway, and relict of John McClellane of Borgue175. She was infeft in the liferent of some of the Ardwell lands on 10 August 1622. John McCulloch had the following issue:I. Alexander McCulloch, first baronet of Myretoun, of whom hereafter.

2. Agnes McCulloch, who married William Maxwell of Monreith the contract being dated 20 April 1632,176. Although both her brother, Sir Alexander McCulloch, and her son, Sir William Maxwell, had shewn a greater willingness to support the Government than their brother proprietors, her maternal relationship to John Maxwell, the covenanter, exposed her to suspicion, and, notwithstanding the powerful influence of her episcopal connections, she was obliged to lie in concealment under a charge of simple non-conformity and had, to pay a fine of 1000 merks to David Graham, brother to Claverhouse177. The Rev. Andrew Symson wrote a lengthy elegy on her death entitled A Meditation on Death, occasioned by the funeral of the Vertuous Lady, Agnes McCulloch, Relict of umquhile William Maxwell of Murreith -obiit Feb. 4 1684 sepulta Feb. 12 1684178. 3. Cecil McCulloch, who married in 1643 Hew McCulloch of Torhouse (see page 103), her tocher being 3800 merks179. 4. the Elizabeth McCulloch, who married in 1641 David Dunbar of Baldoon180. He was involved in

Protocol Book of James Glover 85a. Scots Peerage V 264. 176 Particular Register of Sasines Wigtown III 52. 177 Agnew, Hereditary Sheriffs 420. 178 Nicholson II 220. 179 Particular Register of Sasines Wigtown III 392. 180 Particular Register of Sasines Wigtown III 111.
174 175

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61 religious struggles of the day and was fined 4800 Scots, the largest. fine then imposed in Galloway. Later he seems to have changed his views and was appointed, with others, to proceed against those attending conventicles. He was created a baronet, of Nova Scotia in 1664. Elizabeth was the mother of David Dunbar, the tragic termination of whose marriage to Janet, daughter of Sir James Dalrymple, later, Viscount Stair, gave rise to the story of The Bride of Lammermoor. 5. Grizzel McCulloch, who married John Vaus of Barnbarroch181.

6. Janet McCulloch, who married William Adair of Corghie, the contract being dated 15 August 1632182. 7. Katharine McCulloch, who married John Ramsay of Boghouse, was, probably another daughter183.

Sir Alexander McCulloch of Myretoun

At a comparatively early age, Alexander McCulloch shewed traces of that astuteness, not to say low cunning, with which his father and grandfather had clearly been endowed in plenty. In 1634 the Earl of Galloway obtained decree from the Lords of Council and Session against John McCulloch of Ardwell for violent spoliation of the Earls teind sheaves of the lands and parish of Mertoun, dated 21 December last, and thereupon he raised letters of horning and entrusted the execution hereof to Thomas Stewart, messenger, for poinding of the said John McCullochs goods upon the lands of Mertoun. Accordingly the messenger and a number of witnesses went on 13 January last to the barnyard of Mertoun to poind the corn there when Alexander McCulloch son and apparent heir to the said John, and at the command of his said father, produced to the messenger a copy of the suspension alleged to have been purchased by his said father of the said horning and gave this copy to James Lathreis, servitor to the said Earl, declaring further that he had sent a boy named John McCulloch with another copy to the Earls house of Glassertoun: and further, in presence of the messenger and witnesses, the said Alexander wrote out a third copy which he gave to Ninian Garrow, one of the said Earls servants. All three copies were written by the said Alexander. The messenger, believing the suspension to be genuine, desisted from the poinding; and when the said James Lathreis

Particular Register of Sasines Wigtown III 312. Particular Register of Sasines Wigtown II 248. 183 Particular Register of Sasines Wigtown 212.
181 182

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62 demanded the production of the original suspension, the said Alexander declared that his father had taken it to Edinburgh, but affirmed that these three copies were true and lawful copies, and that he would stand to their truth at his peril. Now the said Earl has found from the Clerk of the Bills before the Lords of Session and Keepers of the Signet, that no such suspension has been passed by the said Lords nor presented to the Signet, whereby it is evident that John McCulloch and his son have fraudulently drawn up and used the same to frustrate the said Earl in obtaining the benefit of the laws and so they ought to be exemplarily punished. After hearing the witnesses the Lords found that the said Alexander wrote and delivered two copies of the foresaid suspension without any lawful warrant, thereby committing a very great offence for which they ordained him to be warded in the Tolbooth of Edinburgh upon his own expenses until they released him. But the Lords assoilzied the said John McCulloch against whom the witnesses and the pursuers proved nothing184. Alexander next appeared in an unruly scene at the kirk of Stoneykirk, an incident of the religious troubles of the times. The story is well told in the Register of the Privy Council185, under the date 23 September 1642. The General Assembly which met recently at St Andrewes, taking into their consideration the act of the presbytery of Stranrawer, whereby Mr Gilbert Powre, Minister at Stanykirk, was suspended from the exercise of this office, found the procedure of the presbytery unwarrantable, and appointed the said Mr Gilbert to be reponed. For that effect they gave commission to Mr James Bonar, Minister at Maybole, to repair to the Kirk of Stanykirk, and upon the Lords day, after sermon, to intimate the same to the parishioners. Accordingly on 21 August. he went in a peaceable manner, accompanied by some other ministers, to the kirk of Stanykirk to fulfil so religious and weill warranted a commission, yitt it is of truthe that Fergus McDougall, brother to the Laird of Freuch, Alexander McCulloch of Ardwell, Anna Ferguson, his spous, Jonnet Cathcart, spous to William Adair in Killaisser, Alexander McDougal of Logane, Jeane Agnew, his spous, Andro and Johne McDougals, his sonnes, Margaret, Marion, and Elizabeth McDougalls, his daughters, Jeane McDougall, spous to Thomas Adair of Cairdyne, Sara Dunbar in Elrig, Issobell Purvance, Jonnet Greg, and Margaret Neilsone, servants to Mr Alexander Turnbull, minister at Kirkmadin, Alexander Rae, wobstar, Uthrid McDougall of Freuch, Agnes Agnew, his spous, Johne Bigholme in Galdinoch, Margaret Aitkine, his spous, Quintene McDougall of Barlockhert, Margaret Hay, his spous, Thomas

184 185

Register of the Privy Council 2nd Series V 267. Register of the Privy Council 2nd Series VII 322.
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63 McDougall, his sone, Marion McDougall, his daughter, Bessie and Issobell McQuhirks thair, Margaret McMillan, spous to John Smart, reader at Glenluce, Jonet McBairns in Park, Jonet Blane, spous to Johne Stuart, Robert McClerkik in Three Merk, Katherine Greg, his spous, Johne Hill in Balgoune, Helen McBryd in My, Jeane McDougall, her daughter, Jonnet McKie in Glenluce, Patrik Campbell thair, with divers others thair complices, convocated together from severall parishes of sett purpose to hinder this service, did in a tumultous and violent way enter within the said kirk of Stanykirk and lofts thairof, carrying heaps of stones with them, and having cudgells in thair hands, and how soon they perceaved the said Mr James Bonar was to begin divine service they forthwith fell out in a barbarous and unchristian forme of brawling and striking of the loft with thair cudgells, calling the said Mr. James and the rest of his brethern soul murtherers who had not the Spirit. And when as he offered to shew his commissioun from the General Assemblie, thinking that they would possiblie have givin some respect thereunto, they then renewed their hideous shoutts and cryes, averring that the true kirk had deposed. Mr.Gilbert Powre and the false kirk had repounded him least their knaverie sould lykewayes be discovered: and sicklyke gave manie contumelious reproaches to our shireff when as in our name he commanded them silence. And thus continewing in thair tumultuarie cariage and refusing ather to heare prayers, preachings or the act of the Assemblie, the said Mr. James Bonar was forced to come out of the pulpit and, with the rest of the ministers and honest people of the parish, retired to ane commodious place in the fields, where they, having agane begun divine service, the hail persons foresaids with the like insolent behaviour, rushed after them, and having furnished them for that end, they did cast a number of peitts at them, used all meanes of violence to interrupt Gods worship, strake, hurt and wounded one Michael Adair to the effusion of his blood. And, finding Mr. Gilbert Powre and Mr. James Bonar still to goe on in the execution of what was concredit to them be the Assemblie, they were thereat the more enraged and sent two or three of thair number to protest against their proceedings and the ordinance of the Assemblie which was thair warrant.. Lykeas upon the morn thairafter Andro McDougall of Killaisser did publictlie threatten and avow that if anie bussines or complaint wer maid heirupon he sould find fyve or six fellowes to take the said Mr. Gilberts life and then flee to Ireland. And upon the Sunday following they did make the like unlawfull convocation of purpose to have tane his life if

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64 he had beene there to have preached. Wherethrow as the persons foresaids have unchristianelie abused the Lords hous and day and contemned the act of the Assemblie, so they have committed a great insolence for the quhilk they ought to be exemplarlie punished to the terror of others to commit the like. The Lords, after hearing parties and their witnesses, found the complaints proved in respect of a number of the defenders, including Anna Fergusson, but not her husband, Alexander McCulloch. They were accordingly, charged to enter within ward in the Tolbooth of Edinburgh. Mr. Gilbert Powre was reponed to his ministry and the guilty defenders had to find caution in 1000 that they would not do him any injury. In spite of this incident, Alexander does not appear to have been an enthusiastic covenanter: otherwise the Rev. Andrew Symson, episcopal curate of Kirkinner, would scarcely have written such a eulogy of him at his death. None the less, a substantial fine of 1200 was levied on him in 1662186. These fines appear to have been a more or less general levy for the benefit of the ever needy Charles II, and regardless of the conduct of the victim. In due course they were all rescinded. As a general rule the Galloway lairds, as opposed to the peasantry, did not come out strongly for the Covenant. Many of their wives and daughters, however, were quite carried away by the eloquence of Cameron, Renwick, and other covenanting divines. Anna Fergusson, Alexanders wife, was a case in point. Her conduct at the Kirk of Stonykirk has been noticed. Thirty seven years later when she must have been an elderly and widowed lady, she was apprehended by a party of Captain Grahams soldiers, presumably when she was either going to or coming from a conventicle

186

Nicholson II 123.
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65 and she being seased upoun be the said souldiers, being unable to ryde, the said captain, out of his great discretion, hearing of her said quality, was pleased to take band from herself and William McCulloch, elder and younger of Ardwel, cautioneris with and for her, that the said lady sould be furthcumand at Bardarroch, her dwelling place, at all tymes for the space of fowrty days next thereftir187. One may wonder whether the gallant captain would thus have let her off so lightly had she not been a lady of quality. Alexander McCulloch took some part in public affairs: he was a Justice of the Peace in 1663: and is mentioned in the Act of Parliament of 1649 for putting the Kingdom in a posture of defence and appointing persons to be colonels or commanders of Horse and Foot. Similarly, in 1668, he was appointed, and instructed at some length, as a Commissioner for levying the militia in the shire of Wigtown and Stewartry of Kirkcudbright188. But none of these trifling services would account for the honour of a baronetcy conferred on him in 1664189. This was purely a financial matter. The impecunious Stuart Kings conceived the profitable idea of cashing in on the social ambitions of some of their subjects and selling baronetcies of Nova Scotia: Alexander was one of the buyers. The significance of his purchase, from the present point of view, is that it demonstrates that, at this time, Alexander was in good financial circumstances. Some attempt will now be made to unravel the complicated story of how, within a quarter of a century, the family was brought to ruin and extinction. At some time between 1650 and 1660 Alexander conceived the project of acquiring Cardiness. His object in this, other than mere land hunger,

Ardwall Papers 315. Register of the Privy Council 3rd Series II 530. 189 G.E.C. Baronetage.
187 188

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66 is difficult to understand. He already owned very extensive estates and Cardiness was not really the ancient patrimony of his family; it had belonged to the family of his maternal grandmother, Marie McCulloch. The omens were, however, auspicious. The family of Gordon of Cardiness had backed the wrong side in the Civil War and consequently their fortunes were at a low ebb financially and they might reasonably be considered vulnerable. There was something of the method of the modern dictator about Alexander. His first objective was to provide himself with some semblance of a legal title to Cardiness. Now, Margaret, the widow of Dr. James McCulloch, had been infeft in Cardiness in 1623190 but, presumably, no heirs of hers could be traced: the next person, therefore, for his purpose, since Dr. James had never been infeft, was an heir to Dr. John McCulloch. Such a person was found in John McCulloch of Auchleoch (see page 91), a humble tenant of his own191, who could trace a somewhat remote relationship to the Doctor. John McCulloch was, accordingly, served heir to him in the barony of Cardiness in 1664, and duly made over his rights, for what they were worth, to Alexander, who, of course, paid no attention to the fact that Dr. Johns right to Cardiness can have been only reversionary, and that the estate had been sold, apparently outright, to John Gordon of Ardwall by Alexander McCulloch, last of the original Myretoun family, in 1629192. Next, Alexander acquired rights to various debts of John Gordon193, not a very difficult matter, especially since the latter died in 1660 with his affairs in disorder. Alexander was thus in a position to do diligence, that is, take legal action on these debts, against the estate of Cardiness. With

Registrum Magni Sigilli XIII 244. Ardwall Papers 267. 192 Registrum Magni Sigilli XXVI 25. 193 e.g. Ardwall Papers 245.
190 191

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67 some sort of legal backing for his claim, Alexander now opened his campaign against the Gordons. The details of his and his friends quite disgusting behaviour, as set out in the records of the Privy Council, have been noticed elsewhere (see page 160). One must bear in mind, of course, that these records give only one side of the story, the Gordon side, and there are almost always two sides to any story. That this was so in the present case is proved by the fact that in the end Alexander and his band were all assoilzied or acquitted, with the exception of his son Godfrey, who was fined 2000 merks and committed to the Tolbooth of Edinburgh, and Alexander Fergus son of Kilkerran, who took refuge in flight194. He was, however, eventually brought to book195. This was something of a success for the Gordons and Godfrey never forgot it. Twenty two years later when he had William Gordon lying mortally wounded on the ground, he exclaimed in triumph Now, dog, I have got myself avenged of you. Sir Alexander died on 3rd June 1675 and the Rev. Andrew Symson composed a funeral elegy in his honour196. He is said to have perished vi et injuria aquarum, presumably by drowning, but no details have been discovered. His inventory was given up by his son, William, a writer in Edinburgh. His debts amounted to some 4,500 Scots and he had farm stock at Killasser and Cardiness, the latter indicating that he had, at least, established a foothold on that property. His wife, Anna Fergusson, who was probably of the Kilkerran family, survived him and by her he had the following issue:-

Register of the Privy Council 3rd Series 481, 493. Register of the Privy Council 3rd Series 688. 196 Nicholson II App xiii
194 195

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68 1. Alexander McCulloch who acted as attorney for his mother in her. liferent infeftment in the Mains of Killasser197. He must have predeceased his father without issue. 2. Sir Godfrey McCulloch of Myretoun, of whom hereafter

3. William McCulloch, who married Elizabeth, daughter of William McGuffog of Rusco, the contract being dated 29th August 1679198. He was an advocate (or writer) in Edinburgh and had a son, William McCulloch, who married Margaret Law199. 4. John McCulloch, who appears on record on several occasions and was a party to the above mentioned proceedings at the instance of the Gordons. He is sometimes designated as Captain and his wife was Katherine Ross, relict of Hew Gordon of Grange. 5, Agnes McCulloch, who married William Lin of Larg200, who was one of Sir Alexanders associates in his campaign against the Gordons. He was dead by 1705, and, since his debts far exceeded the value of his estate, his widow was compelled to come to an agreement with his creditors as to the disposal of his estate201. 6. Jane McCulloch, who married a gentleman named ONeill and had four children, Charles, John, Henry and Mary ONeill, who were parties to an agreement dated 1754 concerning the division of certain sums falling to their deceased mother as a creditor of her brother Sir Godfrey202.

Sir Godfrey McCulloch of Myretoun

Notwithstanding the rebuff he and his associates received at the instance of William Gordon and his brother, Sir Alexander McCulloch seems to have established his claim, at all events, to part of Cardiness, and sasine was granted to Sir Godfrey in 1676. Moreover, as early as 1667 William

Particular Register of Sasines Wigtown IV 127. Ardwall Papers 1764. 199 Register Deeds 10 Jan 1728. 200 Particular Register of Sasines Wigtown 22 Jan 1662. 201 Culvennan Manuscripts. 202 Culvennan Manuscripts II 127.
197 198

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69 McCulloch of Ardwall was collecting rents from his tenants in Anwoth for Sir Alexander203. Sir Godfrey, too, took up his residence at Bardarroch site of the modern Cardiness House, and was residing there in 1676. He seems to have continued there for the remainder of his life and was certainly there in 1684 when the Anwoth census included himself and his lady, his daughter, and seven others204. It is stated205 also that Ardwell was his residence in 1684 and, doubtless, he paid visits there. A rental206 of the lands of Cardiness belonging to Sir Godfrey McCulloch dated 1689, amounted to 1,670.6.8 and included Newtoun, Old Land, Glencapinoch, Drummuckloch, Kirkbryid, Killiegown, Borland of Cardiness, Bardarroch, and the Merse of Cardiness. The question of his ownership is established beyond doubt by the fact that when he had fled abroad after the murder of Gordon, and his estate was escheat, William Stewart of Castle Stewart, husband of William Gordons niece and heiress, Elizabeth Gordon, bought Cardiness from his representatives207. The complicated technical details of his title are given in a Privy Council record208. The greater part of Sir Godfreys life appears to have been a struggle against increasing insolvency. Though his father was not, perhaps, affluent, he was certainly not financially embarrassed, and it is difficult to account for Sir Godfreys difficulties since there is no reason to suppose that he did not live quietly enough. Perhaps his dispute with the Gordons was more expensive to him than is apparent: the question of civil damages was raised in the criminal proceedings. Perhaps, too, he was unwise, like so many others, in his surety obligations. At any rate, by 1684 he was clearly in

Ardwall Papers 213. Register of the Privy Council 3rd Series IX 557. 205 Nicholson II App 87. 206 Ardwall Papers 1675. 207 Dr R.C. Reid's Notes, Vol III 113. 208 Register of the Privy Council 3rd Series XIII. 90.
203 204

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70 difficulties and there are many bonds recorded against him, some of them substantial, for instance, one for 7,140 Scots in 1683 to William Cleiland, merchant, burgess of Edinburgh, and two others in 1681 and 1682 for 3200 and 3100 merks respectively to James Dalrymple of Killoch, Clerk of Session, and Sir James Dalrymple of Stair209. In 1683 he was compelled to sell Myretoun to Sir William Maxwell of Monreith at a price of 37,740 merks210. Sir William also acquired Killasser211 212 which had been yet another of the acquisitions of John McCulloch, Sir Godfreys grandfather. Ardwell, too, went, but in a somewhat round about manner. Major John McCulloch of Barholm had been forfeited after the Pentland Rising of 1666 and Sir Alexander McCulloch had acquired the gift of his forfeiture, including the estate of Barholm. Sir Godfrey sold this estate to Sir William Maxwell with the lands of Ardwell in warrandice. When the above forfeiture was cancelled at the Restoration, Sir William, of course, lost Barholm, and, consequently became entitled to Ardwell213. But even these substantial sales do not appear to have set his affairs in order and by 1689 Sir Godfrey was resorting to every kind of ruse to evade his creditors. On 3 July of that year a supplication was made to the Privy Council by214 William McDougall of Garthland, James Dunbar of Mochrum, Hugh McGuffog of Rusco, John Blair of Dunskey, Mr. Robert Blackwood, merchant in Edinburgh, James McCulloch, late of Mule, Samuel McClellane, merchant, burgess of Edinbugh, creditors

Dr R.C. Reid's Notes, Vol III 101, 104. Calendar Myretoun Writs 110. 211 Nicholson II 329. 212 Dr R.C. Reid's Notes, Vol III 109. 213 Dr R.C. Reid's Notes, Vol III 108. quoting Culvennan Manuscripts. 214 Register of the Privy Council 3rd Series XIII 484.
209 210

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71 of Sir Godfrey McCulloch of Myretoun, for themselves and in the name of other creditors as follows: The gifts of the liferent escheat of Sir Godfrey McCulloch was granted to William, Duke of Hamiltoun, more than three years ago for the relief of the heirs of Sir David Dunbar of Baldoone and sundry other cautioners for Sir Godfrey and his deceased father: but Sir Godfrey by his great insinuationes with the lait Chancellor and as actually chaingeing his religione and entering himself into the popish church and putting off his eldest sone to be bread at the popish school then at Halyruidhouss and uther meanes and methods then used be him, he did so prevail with them, the prevailing pairtie in the Government that he purchased ane yeirlie aliment of 500 merks to himself and his wife out of the readiest rents of his estate, with the house and yards of Bardarroch, by which illegal act many of his creditors had not 100 merks left to them fo.r their subsistence after paying his debts: and yet he has not contented himself therewith but intromitted with the rents and laboured several of the lands himself and sells the wood at very low rates and renders the whole unprofitable by cutting and destroying the young timber and has damnified the estate to the amount of 10,000 Scots and upwards, and he warns the tenants yearly at Easter so that they take new tacks from him who has no right himself, and he is embezzling the writs and rights of the estate to the inevitable ruin of the creditors whose claims exceed the whole value of the estate above 40,000 merks: they therefore crave the withdrawal of the said aliment, or, if it is continued the removal of the said Sir Godfrey and his family from the estate, and that he find caution not to intrornit with the rents, profits, services, woods, or tenants, under pain of being deprived of the said aliment and likewise to deliver up the writs and rights with an inventory. Having heard both parties, the Lords decreed that 11600 merks yearly be paid by the creditors and the chamberlains of Sir Godfreys estate to him at Edinburgh at Whitsunday and Martinmas by equal portions in lieu of his possessing the house and yards of Bardarroch, and in place of his former aliment, and he is to deliver up his charter chest to the Clerk of Council and remove from the estate otherwise warrant will be given to the Steward of Kirkcudbright or Sheriff of the Shire to eject him. But Sir Godfrey failed to remove from the estate and

78

72 not only refuse to give obedience... but has so influenced several of his friends and relations and others likely to have the writs of the estate, that they refuse also to exhibit them, and he theeatens so to convey the rights that it should be beyond the power of his creditors to reach or obtain possession of the writs: and such as are likely to compear he menaces and terrifies. Warrant for his ejectment was, therefore, given. Sir Godfrey appears to have taken little part in public life though he was a Commissioner for Supply for Wigtownshire in 1685215 and represented the Stewartry in the Convention of Estates in 1678. Being, as might be supposed from the above quotation, an anti-covenanter, he was appointed a sheriff depute for Stranraer in 1682, and a commission was issued to him, David Graham, brother of Claverhouse, and William Coltran, for tendering the Test to the Gentry and Commons within the Shire of Wigtown, though it is to his credit that he refused to have any share in the brutal treatment of the Wigtown Martyrs216. His chief claim to fame is as the murderer of William Gordon. The long standing feud between the Gordons and the McCullochs reached its climax on 2 October 1690 when in the course of a dispute over some poinded cattle Sir Godfrey murdered William Gordon. The facts are given fully in the indictment against him when he was eventually brought to justice217 and shew that Sir Godfrey did most maliciously and wickedly and out of long precogitat malice upon the second day of October or ane or other of the days of that month or of the September preceding in the year sixteen hundred and nynetie years goe to the house of the deceast William Gordone of Cairdeness who at that time lived in the Bush of Beele and having caused call the said William Gordoune to come furth and speak to a man that waited for him the said William being at the time in his own house making

Agnew, Hereditary Sheriffs 42. Cardiness Castle. 217 Books of Adjournal. See Ardwall Papers 1767.
215 216

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73 ready to goe to sermon which was that day at the kirk of Anwith and not apprehending the least hurt or mischeiffe offerred to goe furth and came towards the gate where and when you the said Sir Godfrey did shoot at him with a gunn charged and by the shott broke his thigh bone and legg and also wounded him in other parts of his body, soe that he immediately fell to the ground and within a few hours thereafter dyed of the said shott and wounds and farder you was so barbarous and inhumane in perpetrating the said slaughter that you insolently insulted over the said William fallen as said is saying Now dog I have got myself avenged of you; and you discharged any from lifting him up but ordered and commanded such as were there to dryve the nolt over the dog as you wickedly called him. On hearing that William Gordon had expired, Sir Godfrey immediately fled abroad and, in 1691, was at Cranstoun in the Isle of Man218 whence he wrote to David McCulloch of Ardwall219. I dessayn to live this ples veray shortly iff I had any littell munnay and goe for Lundone. In December 1696 he had returned to Scotland and was by a remarkable providence of God found lurking in an obscure house in Edinburgh where he passed under the name of Mr Johnetoune 220. Traditionally221, Sir Godfrey was apprehended in a church on a Sunday in Edinburgh while attending public worship. At the end of the service, a gentleman from Galloway, who was present, and who, it is said, had a pecuniary interest in the death of Sir Godfrey, cried out with an air of authority, Shut the doors, theres a murderer in the house. Sir Godfrey was thus apprehended and, again traditionally222 lodged in Edinburgh Castle, from whence, probably by means of friends, he escaped. After clearing the castle he had to clear the town by going down the High Street. In the middle of the Castle hill going down were small wooden houses called the Luckenbooths.

Ardwall Papers 386. Ardwall Papers 387. 220 Indictment. 221 Nicholson II 329. 222 Guernsey Manuscripts.
218 219

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74 On hearing the Town Guard coming, he slipped into one of them where, unluckily, a single woman slept, and her screams brought the Guard. Actually, Sir Godfrey was incarcerated in the Tolbooth, to which he was no stranger, having been lodged there pending payment of the fine inflicted on him in 1668 for his share in the persecution of the Gordons. He was tried on 8 February 1697 at the instance of the Kings Advocate, Elizabeth Gordon, niece and nearest of kin to William Gordon, and William Stewart, her husband, before Adam Cockburn of Ormistoun, Justice Clerk, John Campbell of Aberuchill, David Hume of Croserigge, John Lauder of Fountainhall, Archibald Hope of Rankeillour, and James Falconar of Phesdo. He was duly found guilty and sentenced to be taken to the Mercat Croce of Edinburgh upon Friday the fifth day of March next to come betwixt two and four oclock in the afternoon and there to have his head severed from his body and all his moveable goods and gear to be escheat and inbrought to His Majesties use which is pronounced for doom. In fact, he was not executed till the 26 March. On the day of his execution he wrote the following letter to his wife and children223. My dear Heart and most loving children. It hath been no small matter of grief to me that I know ye could not come to see me at this time, when I had the greatest desyre and greatest need of your help, but however since it is the will of God we cannot meet together now I pray that our meeting together after this lyfe may be with eternall joy and comfort and not with everlasting shame and confusion. I judged it my duty to take this last leave and farewell before I goe out of this world and desyre you will keep this as the last token of the affection and surest pledge of my love that I now can give you and upon the sincerest love and bowels of a dying husband ye will seriously reflect upon the wonderful ways of God in his dealing with me, and after I am gone have not harsh thoughts of him who does all things wisely and well and who, I hope, shall turn everything for my good, and even that which flesh and

223

Ardwall Papers 1769.

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75 blood seems most naturally to be most averse to and abhorr. It seems God hath a contraversie with me and my family for our great sins which are now the cause which occasion and hasten my untimely end, but I hope he bath a designe of love and mercie to my soul, and in his holy providence bath thought it best for me to die publickly on a scaffold that I may thereby be the more induced to a serious sight of and deep repentance for my manifold sins, and obtain Gods mercie for Christ sake, and also be a warning to others that they fall not in my snares. And now, my dear Heart and my dear children, I leave this counsell and advice to you in the words of a dying husband and parent that ye will seriously learn in tyme from my sad fall seriously to amend and repent your ways and turn to God with all your hearts, and although you cannot any more pray for me, yet I charge and obtest you as ever you expect to see the face of God in mercie ye will turn to him with all your hearts, it is a fearfull thing to fall into the hands of God without repentance and mercie, and if ever ye expect his mercie delay not your repentance, mourn bitterly all the days of your lives, and pray that the sins of my family may be expiate, attonement may be made not by the shedding of my blood, but for the sake and attonement of Jesus Christ that cleanseth all from sin, and as I dy in perfect charity with all men and freely forgives my pursuers and all my enemyes, so I desyre you, my deareet wife and children, to forgive them, as ye hope for forgiveness from God yourselves, and look cheifly to the hand of God in this, and on them but as instruments: they intended it to me (perhaps) for evil but God hath turned (I trust) for my good and advantage, though they have occasioned (perhaps) our separation a little sooner, and - me to that fatall blow, yet I trust it shall turn to the eternall salvation of my soul. I intreat you make (conscience) of the worship of God as long as ye are together..... and separate serving of him whose eyes are always upon you and .. you must make your account to God as I am shortly to doe and whatsomevir your predominant inclinations do most prompt and lead you to, and you find to be provoking to him, endeavour to reform and amend and beware of offending him as I have done. And now my dearest heart and children, I have no more to leave you but this my last advice and blessing, live in sweetness and the fear of God so long as ye live together. My heart, be kynd to and be careful of your children and mine, and my children be obedient to and helpfull to your mother, and commit your wayes to him, and he who hath promised to be a father to the fatherlesse, and a husband to the widow will (doubtless) take a care of you and will provyde for

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76 you, to whose grace I commend you as I commend my soul to his mercie and pardon, and I bid you and all my friends a long long farewell in hopes of a glorious meeting together again at the resurrection: and mourn not for me as those that have no hope, and remember this is the last advice of your darest dying husband and most loving parent, Godfrey McCulloch. Before his execution, Sir Godfrey addressed the following speech to the spectators, I am brought here good People to give Satisfaction to Justice for the Slaughter of William Gordon designed of Cardines; And therefore I am obliged as a dying Man, to give a Faithfull and True Account of that matter. I do declare in the Sight of God, I had no design against his Life, nor did I expect to see him when I came where the Accident happened; I came there contrair to my Inclination, being pressed by these two persons, who were the Principal Witnesses against me, (they declaring he was not out of Bed) that I might relieve their Goods he had poinded; I do freely forgive them, and I pray Heartily God may forgive them, for bringing me to that place. When I was in England, I was oft times urged by several Persons, who declared they had Commission from Castle-Stewart and his Lady, (flow the Pursuers of my Blood) that I might give up the Papers of these Lands of Cardines, whereupon they promised not only a piece of Money, But also to concurr for procuring me a Remission; and I have been several times since in the Countrie, where the Misfortune happened, and where they lived, but never troubled by any of them; Although now after they have got themselves secured in these Lands without me, they have been very active in the Pursute, untill they have at last got me brought to this place. I do acknowledge my Sentence is Just, and does not Repine; For albeit it was only a single Wound in the Legg, by a Shot of small Hail, which was neither intended, nor could be foreseen to be deadly; Yet I do believe, that God in his Justice hath suffered me to fall in that miserable Accident, for which I am now to suffer, because of my many other Great and Grievous unrepented for Sins: I do therefore heartily forgive my Judges, Accusers, Witnesses, and all Others who have now, or at any time Injured me, as I wish to be forgiven. I recommend my Wife, and poor Children to the Protection of the Almighty God, who doth take care of, and Provides for the Widow and Fatherless; and

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77 Prayes, That God may Stirr up and enable their friends and mine, to be Careful of them. I have been Branded as being a Roman Catholick, which I altogether disown, and Declare, as the Words of a Dying Man, who am instantly to make my Appearance before the Great Tribunal of the Great God, That I die in the True Catholick Reformed Protestant Religion, Renouncing all Righteousness of my own, or any Others; Relying only upon the Merits of Christ Jesus, through whose Blood, I hope to be Saved, And whom I trust will not only be my Judge, But also, Advocate with the Father for my Redemption. Now Dear Spectators, As my Last Request, Again and Again, I earnestly Desire and Begg, The Assistance of your Fervent Prayers, That, Although I stand here Condemned by Man, I may be Absolved before the Tribunal of the Great God, That in place of this Scaffold I may enjoy a Throne of Glory; That this Violent Death may bring me to a Life of Glorious Rest, Eternal in the Heavens: And that in place of all these Spectators, I may be Accompanyed with an Innumerable Company of Saints and Angels, Singing, Hallelujah to the Great King to all Eternity. Now, O Lord, Remember me with that Love thou bearest to Thy Own, O visite me with Thy Salvation, that I may see the Good of Thy Chosen Ones, and may Glory in Thine Inheritance. Lord Jesus Purge me from all my Sins, and from this of Blood Guiltiness, Wash me in Thy Own Blood. Great are mine Iniquities, But Greater are the Mercies of God! O let me be amongst the number of those for whom Christ dyed; Be Thou my Advocat with the Father, Into Thy Hands do I recommend my Spirit: Come Lord Jesus, Come, and receive my Soul, Amen.224 It is said225 that four Galloway gentlemen held the scarlet cloth to receive Sir Godfreys head, - an honour in those days - one of them being Mr Vance of Barnbarroch. The same rather unreliable authority adds the picturesque detail that after the head fell the body ran about one handred yards! A popular tradition, quoted by Sir Walter Scott in The Minstrelsy of the Scottish Border, gives a different and more pleasant ending to this grim story226.

Ardwall Papers 1770. Guernsey Manuscripts. 226 Maxwell: Dumfries & Galloway 294.
224 225

84

78 The keep of Myretoun stands, as may be seen at this day, on an ancient mote-hill. It is alleged that Sir Godfrey, in the early days of his possession, had occasion to cut a drain through this mound, when a little man in a green coat appeared and warned him that he was interfering with the fairies abode therein. He promised that if Sir Godfrey would desist, he (the gnome) would some day reward him by a signal service; but if not, the vengeance of the fairies would have to be reckoned with. Sir Godfrey obliged the little man by altering his plan, and the reward came on the day appointed for execution, when the gnome appeared on a white horse, took McCulloch out of the cart, rode off with him, and neither of the twain was ever seen again It is quite impossible, and equally profitless, even to attempt to understand the financial complications which followed Sir Godfreys execution and which appear to have involved half the lairds in Galloway. It required many years to unravel the tangle. Sir Godfrey was debtor to a large number of people, and for every debt there would be a guarantor: many of the guarantors would also be creditors, and the confusion may be imagined. It is sufficient to state that confirmation was granted to George McCulloch of Torhouse and some other creditors, and that among the chief creditors were,227 Sir William Maxwell of Munreith Patrick McDouall of Logan Robert McDouall of Logan John, Lord Bargany Thomas Baillie in Ardwall John Blair of Dunskey William Cathcart of Genoch James Hamilton, W. S. Alexander McGhie of Balmaghie William McDouall of Garthland James McCulloch of Mule
28,660. -. 4,792. 2. 456.12. 1,331.13. 2,860.14. 4,874.10. 4,423. 2. 4,353. 6. 5,537.12. 7,889. 9. ? 8 4 4 8 8 4

Sir Godfrey married, the contract being dated 26 October 1667 228 Agnes, eldest daughter of Gilbert Kennedy of Girvan Mains, and Marion Kennedy, his wife, and grand daughter of Sir Alexander Kennedy of Culzean.

227 228

Ranking of the Charters of Sir Godfrey McCulloch. Register Deeds Dalrymple XXVI 842.
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79 Something of a mystery surrounds Sir Godfreys children. The Lyon Office records shew that they were all illegitimate. In another account229 too, they are said to have been illegitimate and to have removed with their mother to Ireland on the death of Sir Godfrey, where one of his grandchildren suffered capital punishment for robbery about the year 1760. There may perhaps be a confusion here with the descendants of his sister, Mrs ONeill. There is, however, sound evidence, including his own correspondence, in which he refers to his children, that he had, at least some legitimate issue, as follows:1. John McCulloch, who was mentioned in a sasine of 1702 as eldest son of Godfrey McCulloch and Agnes Kennedy, his spouse230. 2. Sir Gilbert McCulloch, who is mentioned in the Letter from Hell as great grandson of John McCulloch of Myretoun and killed in Flanders about 1704, that is to say, in Marlboroughs campaigns. Sir Gilbert was otherwise unrecorded, but was, presumably a son of Sir Godfrey. Captain James Gordon, the writer of The Letter from Hell, was a contemporary and neighbour and his statement must be accepted. In this connection, it is, perhaps, worth recalling that one of the traditions concerning Billy Marshall, the celebrated gipsy, relates that, in his youth, he served under Marlborough in Germany, and on one occasion went to his commanding officer, one of the McCullochs (another version states that he was one of the McGuffogs of Rusco), and asked if he had any commands for his native country; being asked if there was any opportunity, he replied, yes; he was going to Keltonhill Fair, having for some years made it a rule never to be absent. His officer, knowing his man, thought it needless to take any very strong measure to hinder him, and Billy was at Keltonhill accordingly. Perhaps this accommodating officer was none other than Sir Gilbert.!

229 230

New Statistical Account of Scotland IV. General Register of Sasines LXXXI 324.

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80 The Letter from Hell also mentions John McCullochs representative, Sir John McCulloch. He, too, is unknown to genealogists, but may, perhaps, have been a nephew or younger brother of Sir Godfrey. 3. Agnes McCulloch, who is recorded as living at Bardarroch with her father in 1684231. She may perhaps, be the same person as Gusserie, my doughter, to whom he refers in a letter232 as having misbiehaved hirself most besly. It is reassuring to find that this beastly behaviour consisted of nothing more heinous than failure to deliver a letter!

231 232

Register of the Privy Council 3rd Series IX 557. Ardwall Papers 387.
87

81 McCULLOCH OF KILLASSER. 82

The Family of McCulloch of Killasser

THE records of this branch of the family are, unfortunately, very scanty and. it is impossible, without some measure of conjecture, to construct a connected history of it, especially in its earlier period. Killasser is continuous with Ardwell in the Rhinns of Galloway and both originally to the family of McCulloch of Myretoun: both were also held in feu of Myretoun and it is virtually certain that Killasser was a cadet of Myretoun, as was Ardwell. The first of the family to appear on record was: Henry McCulloch of Killasser, who was dead by 1496233 and who was succeeded by his son and heir Fynlaw McCulloch of Killasser, who cannot have survived long for in 1500 Thomas McCulloch of Killasser was one of the defenders in an action for wrongful occupation of a croft of land in Carnegawine234. Thomas was, perhaps, a younger brother of Fynlaw, and may have been succeeded in his turn by Henry McCulloch, his own younger brother, of whom hereafter. Another member of the family was John McCulloch an illegitimate son who was a burgess of Edinburgh. He was the father of Doctors John and James McCulloch who figured so prominently in the history of the Myretoun branch of the family and whose interesting careers have already been noticed (see page 35) Alison McCulloch, Henrys sister, married Patrick Makdowall of Logan235.

Acta Dominorum Concilii (Neilson & Paton) 31. Acta Dominorum Concilii (Neilson & Paton) 438. 235 Acta Dominorum Concilii XXV 40/41.
233 234

88

83

Henry McCulloch of Killasser

Henry McCulloch was in possession of Killasser by 1513 when he is recorded as having taken steps to evict a number of his tenants236. On 1st December 1529 he received a remission from the Crown for certain offences which give the impression that he was a somewhat lawless character. The offences included the cruel murder of the deceased Andrew McCalloun as well as treacherously remaining from the Kings army of Tantalloun, not to mention treason, theft, reset, arson, murder, rape and homicide, - and, that all within the past year!237. In 1531 Henry came under obligation to infeft David, Abbot of Soulseat, in the lands of Dunbreddan, to be held of his ower Lord, the laird of Myretoun238. He married Margaret239, daughter and heiress of Simon McCulloch of Myretoun and must have been dead by 1545. He had two sons: 1. Simon McCulloch of Myretoun, who, and whose descendants have been noticed in the account for that family (see page 27). 2. Alexander McCulloch of Killasser, who, in 1545, was a member of an assize of Error240. In 1578 he appeared as a creditor on the estate of the deceased Mr. Malcolm McCulloch of Craichdow241. The previous year he had been in trouble with the Privy Council. In 1565, Andrew White, an alleged pirate, had taken certain ships and their cargoes, belonging to William Dod and other English merchants of Westchester, and brought them to Whithorn for disposal. Needless to say, the local gentry were not slow to take advantage of such an opportunity and White appears to have found a ready market. A long list of buyers included a number of McCullochs, among them Alexander whose purchase appears to have been part of a puncheon of wine valued at 11.10.0. After the delay necessary to set the wheels of diplomacy in motion, Dod took action against them and in due course obtained decree242 243

Acta Dominorum Concilii XXV 212. Privy Seal II 444. 238 Agnew, Hereditary Sheriffs 159. 239 Register of the Privy Seal II 1377. 240 Logan Charters (Reid) 17. 241 Edinburgh Testaments Vol VI. 242 Register of the Privy Seal 1st Series II 644. 243 Transactions of the Dumfries & Galloway Natural History & Antiquarian Society 1940/44.
236 237

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84 Alexander died in 1588244: the name of his wife has not survived but he had the following issue: 1. Peter McCulloch of Killasser, of whom hereafter. 2. George McCulloch245, who married Margaret, daughter of Alexander Lennox, a younger son of Donald Lennox, first of Callie246 3. Thomas McCulloch247 4. Alison McCulloch248 5. A daughter, who married John Carneis of the Cultis and had three sons, Patrick, John and Malcolm, to whom their grandfather, Alexander McCulloch, was tutor and governor249.

Peter McCulloch of Killasser

Peter McCulloch married Katherine Dunbar250 and died on 5th March251 leaving issue: 1. David McCulloch252 of whom hereafter. 2. James McCulloch of Carnewill, who, was dead by 1629253 3. John McCulloch254 4. Patrick McCulloch of Killingan, his 5th son, who married Catherine Brown255 and had issue: i. ii. iii. James McCulloch256 Patrick McCulloch257 Alexander McCulloch in Creichane, who in 1655, was infeft in the croft lands of Killingane258

5. Ninian McCulloch of Dunbreddan259, his 6th son, who married first, Janet, sister of Thomas McCulloch of Barholm and second, Marion Campbell, by whom he had a daughter: -

Wigtown Retours 1662. Acts and Decreets LXXXIX 63. 246 McKerlie III 488. 247 Acts and Decreets LXXXIX 63. 248 Edinburgh Testaments Vol XL. 249 Acts and Decreets XLI 224. 250 Particular Register of Sasines Wigtown II 11. 251 Edinburgh Testaments Vol XL. 252 Wigtown Retours 10 Feb 1662. 253 Wigtown Retours 10 Feb 1662. 254 Wigtown Retours 10 Feb 1662. 255 Wigtown Retours 10 Feb 1662. 256 Particular Register of Sasines Wigtown III 71. 257 Particular Register of Sasines Wigtown III 71. 258 Particular Register of Sasines Wigtown III 381a. 259 Edinburgh Testaments 11 July 1605.
244 245

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85 Jean McCULLOCH,. who married Gilbert Agnew, merchant, burgess of Stranraer 6. Helen McCULLOCH260. 7. Jane McCULLOCH, spouse of John Neill261 8. Margaret McCULLOCH, spouse of Anthone Hathorne262 9. Euphame McCULLOCH, spouse of William McCulloch of Inshanks.263

David McCulloch
At this point the history of the family becomes obscure and of David himself nothing is known, though two unnamed McCullochs of Killasser, elder and younger, were on the War Committee for Wigtownshire in 1648. It is known, however, that Killasser passed into the Ardwell branch of the family, who were next door neighbours: and since John McCulloch of Ardwell, later of Myretoun, was, about this time, in course of his lengthy career of land acquisition, there is little doubt that he was the purchaser. Some mention of the property has been made in the account of his family (see page 54). David McCulloch had a son, John McCulloch of Auchleoch, who was a tenant of Alexander McCulloch of Ardwell (later Sir Alexander of Myretoun)264. It has already been related (see page 73) how the latter used him for the purpose of giving a quasi-legal appearance to his efforts to oust the Gordons from Cardiness and acquire it for himself. To this end John McCulloch was served heir in 1662 to Dr. John McCulloch, being brothers son to his great great grandfather265.

Edinburgh Testaments Vol XL. Edinburgh Testaments Vol XL. 262 Edinburgh Testaments 11 July 1605. 263 Protocol Book of William Glover 70. 264 Ardwall Papers 267. 265 Wigtown Retours 10 Feb 1662.
260 261

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86 Towards the end of the century a family of McCullochs appear to have been tenants in Killasser but there is no traceable connection between it and the original family. Nor is it possible to unravel the relationship to each other of the members of this second family. Robert McCulloch in Killasser took the Test in 1684266 and was still in Killasser in 1690267. James McCulloch of Killasser is mentioned between 1686268 and 1690269. Alexander McCulloch of Killasser is mentioned in 1686270: Alexander McCulloch, younger of Killasser, in 1686271 and 1690272: and Alexander McCulloch in Killasser in 1693273. Alexander McCulloch, younger, of Killasser, had a brother, William McCulloch, designed in Killasser274.

Agnew, Hereditary Sheriffs 411. Particular Register of Sasines Wigtown (Dr R.C. Reid's Notes, IV 111). 268 Dr R.C. Reid's Notes, III 100. 269 Logan Charters (Dr R.C. Reid's Notes) 144. 270 Dr R.C. Reid's Notes III 105. 271 Dr R.C. Reid's Notes III 105. 272 Logan Charters (Dr R.C. Reid's Notes) 184. 273 Dr R.C. Reid's Notes III 10. 274 Dr R.C. Reid's Notes III 105.
266 267

92

McCULLOCH OF TORHOUSE Arms: Quarterly, first and fourth, frette or and sable, second and third, or a lion rampant gules, for Stewart.275

275

Balfour, Lord Lyon 1630-54.

93

88 THE FAMILY OF McCULLOCH of TORHOUSE. THE lands of Torhouse lying in the parish of Wigtown emerge into recorded history after the fall of the Douglases. It is, perhaps, idle to speculate on who were the feudal owners under the Douglases, but it has been suggested elsewhere (see page 13) that it is possible that the early McCullochs of Myretoun may have been in possession of the whole estate and to have forfeited to the crown half of Torhouse when they finally made their peace with the Scottish crown. This may account for the division of Torhouse amongst three owners in the second half of the 15th century, when this original 20 merk land was held as to a 10 merk land by the McCullochs, a 6 merk land by the Mures, and a 4 merk land by the McKies, the respective holdings being known as Torhouse-McCulloch, Torhousemure, and Torhousekie. The second of these was never any concern of the family of McCulloch: the first and the last will be dealt with separately. Torhouse-McCulloch was a 10 merk land and included the fishings of Torhouse, with the two mills. With it was associated the 1 merk land of Eschindarroch 276. Though the McCullochs have always been associated with it, there are some grounds for thinking that it may have been acquired in the first instance from the McDowell family.

276

Exchequer Rolls XVIII 494.

94

89

FINLAY McCULLOCH of TORHOUSE

In 1456 Torhouse was in the hands of the Crown in ward for non-recovery of sasine and the Sheriff accounted for the fermes of the lands for two terms 277. Three years later, formal sasine of Torhouse and Eschindarroch was given to Affrice McDowell278. It is difficult to understand this infeftment unless Affrice owned Torhouse in her own right, for her husband left issue who ultimately succeeded. If she did not own the land, she would only have been life-rented and her son would not have had to wait until her demise for infeftment. In 1500 she is described as Affrick, McDowall, dochter Lady of Torhous279, and in 1495, there is reference to lands lying on the south of the burgh of Wigtown belonging to 'Affrice Makdowal Lady of Torhous280. There is no certainty who her husband was but it is recorded on 16 May 1455 that Fynlaw McCulloch of Torhouse, probably a cadet of Myretoun, was a witness to the Precept for infefting Andrew Agnew, second hereditary Sheriff of Galloway, to his office281 (5). Further, on 11 October 1466, the reverend Father in Christ, Ninian, Bishop of Galloway, laid a complaint before the Lords Auditors, that Finlay McCulloch of Torhouse, accompanied by his sons, Norman and George, had wranguisly spulzeit himself, the said reverend Father, of the corn, cattle and goods that they took out of his lands of the escheat of Nevin McIlroy, that is to say, they had seized McIlroys goods to satisfy a

Exchequer Rolls VI 190 and 194. Exchequer Rolls IX 666/67. 279 Acta Dominorum Concilii 1496/1501 438. 280 Registrum Magni Sigilli 1424/1513. 2273. 281 Agnew, Hereditary Sheriffs 81.
277 278

95

90 claim of their own, the Bishop alleging that his was a prior right. The Lords Auditors referred it to Andrew Agnew of Lochnaw, Sheriff of Galloway to say how much value was taken, and gave a provisional decreet that the McCullochs should restore as much as the Reverend Father could prove before the Sheriff that they had taken from him282. Finlay McCulloch must be assumed to have been Affrices husband, perhaps described as of Torhouse in right of his wife. He was a crown tenant of some lands in Leswalt for which he paid yearly to the Exchequer 3.6.8 during the period 1475 to 1481283. With some hesitation it may be concluded that Finlay was dead by 1484 when Effric McDowell purchased a brief of terce which was challenged in the courts. The lands affected by the service are not mentioned 284. If the identification be correct Affrice (or Effric) may have married, secondly, prior to 1491, Patrick McKie of Camlodan, who had some associations with Norman and George McCulloch. Affrice and her husband are known to have had three sons: 1. 2.

George McCulloch285, who, unless he was a younger son, must have been dead by 1500 when Norman McCulloch, of whom hereafter, is described as son and heir apparent of Affrice286. Elise McCulloch, described as brother to Norman287.

3.

Norman McCulloch of Torhouse

Norman McCulloch was infeft in Torhouse and Essindarroch on 26 March 1501, presumably on his mothers death288, and appears on

Agnew, Hereditary Sheriffs, Quot. Acta Auditorum. Exchequer Rolls VIII 298 & IX 122. 284 Acta Dominorum Concilii 97. 285 Acta Auditorum 3, 4. 286 Acta Dominorum Concilii 1496/1501 438. 287 Acta Dominorum Concilii 1496/1501 438 supra. 288 Exchequer Rolls XI 339 & 465.
282 283

96

91 record only in connection with a number of land transactions In March 1502/3 Norman McCulloch successfully sued Uchtred McDowell of Mundork for sheep spulzeit out of the lands of Ardwell289. This action discloses the name of his wife, Mirabell Adair, by whom he had issue, 1. 2. Finlay McCulloch (ii) of Torhouse, of whom hereafter. Norman McCulloch, who may have succeeded to Larglecastell.

Finlay McCulloch (Ii) of Torhouse

Of Finlay McCulloch little is known save that he was infeft in Torhouse in 1503290. He is mentioned with many others as being tenants of a third part of Kirkmabreck, Kirkbryde and Bagbie291. He was still alive in 1518292. His wifes name has not survived and only one son is known,

George McCulloch (I) of Torhouse

George McCulloch in 1518 received a crown charter of confirmation of Torhouse and Eschindarroch, resigned by his father, for which 16 was paid to the Treasury 293. This charter is the first item of an inventory, dated 1818, of the writs of Torhouse, to which frequent reference will be made. The Charter is dated 19 July 1518 and is not recorded in the Register of the Great Seal nor is the Crown Precept recorded in the Register of the Privy Seal. In 1536 George, with other McCullochs, is mentioned in a respite to James Gordon of Lochinvar, who was passing overseas in the service of

Acta Dominorum Concilii XIII 89a. Exchequer Rolls XII 712. 291 Acta Dominorum Concilii XX 80. 292 Lord High Treasurer's Accounts V 139. 293 Lord High Treasurer's Accounts V 139.
289 290

97

92 the Crown294, and two years later with many Gordons, he received a remission for the slaughter,of Thomas McClellan of Bombie in 1527295. The facts of this crime are worth repeating because of its romantic sequel. Gordon of Lochinvar, Sheriff Agnew of Galloway, Douglas of Drumlanrig, William Cairns, Gordon of Craighlaw, John Gordon of Whithorn, George McCulloch of Torhouse, and others, were parading down the High Street of Edinburgh with their followers when they encountered Sir Thomas McClellan of Bombie with his men. Now there was a blood feud at this time between Bombie and Lochinvar: neither would yield the crown of the causeway to the other. A furious affray took place in which Bombie lost his life. Gordon and his partisans were put to the horn for this slaughter, but in those lawless times this was generally an empty threat against powerful lairds. The offenders remained at liberty for eleven years. By that time a softer influence had been brought to bear on the quarrel. Young McClellan of Bombie fell in love with the daughter of Lochinvar, his fathers murderer: letters of remission were obtained for Gordon and his associates and amicable relations were renewed with the music of marriage bells296. In 1540 George McCulloch received from James Gordon of Lochinvar a charter of the lands of Arthland297 and acted as Sheriff in 1547/48 on the death of Andrew Agnew of Lochnaw at Pinkie. He rendered the accounts of the Sheriffdom to the Exchequer 298 and acted as commissioner of the Crown for infefting Patrick Agnew in office as 6th hereditary

Registrum Secreti Sigilli II 2155. Registrum Secreti Sigilli II 2854. 296 Maxwell: Dumfries and Galloway 168. 297 Culvennan Manuscript quot. Kenmure Inventory. 298 Exchequer Rolls XVIII 420.
294 295

98

93 sheriff299. It is possible that George married a Gordon. Three sons are recorded to him. 1. 2. John McCulloch of Torhouse, of whom hereafter. Archibald McCulloch mentioned in Johns testament as father of Patrick McCulloch

3. Alexander McCulloch in Cardrane, who died in May 1575 leaving a daughter, Janet McCulloch, for whom her uncle, John McCulloch, acted as executor300.

John McCulloch of Torhouse

John McCulloch succeeded his father, George, being infeft in Torhouse and Eschindarroch in 1550301 and paying 26 by way of relief. In 1574 he made an addition to his estate, acquiring from Robert Aschynnane (Shennan) of Dunlop, three of his 4 merk lands of Torhousekie302. In 1557 he had found caution to underly the law to the next ayre at Dumfries for abiding from home from the Queens army at Lochmabenstane303, an episode that never got beyond a border raid on the Grahams of Netherby. John McCulloch, who had a half brother named Robert Lennox304, married Helen Agnew, daughter of Andrew Agnew of Lochnaw, the Sheriff of Wigtown who was slain at Pinkie305. John died on 17 June 1591. His wife is not mentioned in his testament and may have predeceased him. At this point there is some confusion in the family history which arises mainly from the terms of this testament of John McCulloch. In it he refers to George McCulloch, his son and also to George McCulloch, fiar of Torhouse. Now, John had a

299 300 301

Agnew, Hereditary Sheriffs 170.

Edinburgh Testaments. Exchequer Rolls XVIII 494. 302 Registrum Magni Sigilli 1546 /80. 2353. 303 Pitcairn I 398. 304 Barnbarroch Papers II 552/7. 305 Agnew, Hereditary Sheriffs I 367.
99

94 son-in-law, George McCulloch, husband of his daughter, Margaret, both of whom had been infeft in the fee of Torhouse in 1579306. He could thus well be termed fiar of Torhouse: and it is thought, too, that son' really means son-in-law. If this be correct, George, the son, and George, the fiar, become one and the same person and the family succession reasonably clear as follows. John McCulloch and Helen Agnew had issue, 1 John McCulloch, who, as son and apparent heir of John McCulloch, was nominated with other local lairds by Sir John Bellenden in 1568 as a prospective husband for Helen Vaus, heiress and daughter of the deceased Alexander Vaus of Barnbarroch. She would not have any of them, remaining true to her own choice, one of the McKies of Myretoun, who subsequently abducted her307. John must have died without issue, probably predeceasing his father. 2. Margaret McCulloch, of whom hereafter.

3. Grizzell McCulloch, who married Archibald Tailzefeir, merchant, burgess of Wigtown. She died in February 1607 when her testament was given up by her husband and her daughter, Margaret308. 4. William McCulloch, a natural son, mentioned in his fathers testament, and ancestor of the family of Inshanks and Mule.

Margaret McCulloch of Torhouse

Margaret McCulloch married about 1579, George McCulloch, who was the son of Mr. Malcolm McCulloch of Craichdow, Vicar of Anwoth, and his spouse, Margaret Hamilton. Mr. Malcolm died in December 1577 leaving estate worth 872. Among the debts due by the deceased was one to Katherine Gordoun, spouse to John Houstoune, burgess in

Torhouse Inventory. Correspondence of Sir Patrick Vaus I 49 & 55. 308 Edinburgh Testaments.
306 307

100

95 Edinburgh, for ye burding of George McCulloch, his son, in anno 1576. He made bequests to his two brothers, Archibald and Eleis, of ane stand of claiths, to his daughter, Marion, of 100 merks, and to his daughter, Isobel, of ane beist of 3 zeir auld.309. Eleis appears to have succeeded to his brother in the vicarage of Anwoth310, and, to keep matters in the family, George soon afterwards had a tack of the vicarage teinds of Anwoth311. George and Margaret were infeft in Torhouse and other lands in 1579312. George died on 3 October 1603313, survived by his widow, who died about 1628314, and his son, James, who were among his executors. He had the following issue: 1. James McCulloch, who, as appeirand of Torhouse, was murdered in November 1606 by George Murray of Broughtoun, for which he was pursued by John McCulloch, the victims brother, William McCulloch of Myretoun, and Thomas McCulloch of Barholm. For some reason, the proceedings were dropped, and no details of the crime have been discovered.315. 2. Alexander McCulloch, of whom hereafter.

3. John McCulloch, mentioned above, who received a legacy of 1000 under his fathers testament. 4. 5. Andrew McCulloch, also received a legacy of 1000 from his father. Helen McCulloch the only daughter.

Edinburgh Testaments. Privy Seal 17 Jan 1577. 311 Privy Seal 27 Jan 1579. 312 Torhouse Inventory. 313 Edinburgh Testaments. 314 Register Horn. & Innib. Wigtown Vol 1. 315 Pitcairn.
309 310

101

96

Alexander McCulloch of Torhouse

Alexander is not mentioned in his fathers testament and he can hardly be the unborn child which was mentioned as that would infer, as will be seen, that he was married at the age of 16 at most. His brothers, John and Andrew, if they were not younger than Alexander must have died before 1620 when Alexander was retoured to his father in Torhouse, Eschindarroch and Torhousekie.316. Alexander appears to have fallen into financial difficulties, and in 1626 and 1639, Robert McCulloch, younger, of Drummorrell, acquired wadsets on his property317. These wadsets were, however, taken over by John McCulloch of Myretoun in 1643318. They amounted to 6500 merks319 of which 3800 merks represented the tocher paid by John McCulloch to his daughter on her marriage to Alexanders son, Hew320. Although the rental of Torhouse at this time is said to have been 358321, no mean sum for the period, this assistance unfortunately did not clear Alexanders feet of debt, and in 1660, William Lin of Larg and Patrick Agnew of Seuchane had further wadsets over the property322. Alexander married Margaret, daughter of George Gordon of Barskeoch. The contract is dated 19 June 1619 but it may, of course, have been post nuptial and not indicative of the date of the marriage323. He died in October 1674324 leaving issue:-

Torhouse Inventory. Particular Register of Sasines Wigtown I 201 & III 80. 318 Particular Register of Sasines Wigtown III 162. 319 Particular Register of Sasines Wigtown III 164. 320 Particular Register of Sasines Wigtown III 392. 321 Agnew, Hereditary Sheriffs 343. 322 Particular Register of Sasines Wigtown IV 73, 76a, & 78. 323 Wigtown Hornings. 324 Torhouse Inventory.
316 317

102

97 1. 2. Hew McCulloch, of Torhouse, of whom hereafter. John McCulloch, a witness to his brothers infeftment in 1628325.

Hew McCulloch of Torhouse

Hew McCulloch was infeft on 19 August, 1628, on his fathers resignation, in Torhouse and Torhousekie, subject to his fathers liferent326. If the date of his parents marriage was 1619 it is difficult to explain this sasine as Hew could have been no more than 8 years old at the time, and his brother, John, the witness, less. Possibly it may have been part of some legal manoeuvre by his father, on account of his debts and for the benefit of his son. Hew married in 1643, Cecilia, daughter of John McCulloch of Myretoun, and sister of Sir Alexander McCulloch, the first baronet327, who survived him and married, second, in 1670, Captain Robert Ker328. He was dead by 1655, leaving issue:1. George McCulloch (ii) of Torhouse, of whom hereafter

2. John McCulloch, who was left 3000 merks by his father. He was the ancestor of the Torhousekie branch of the family (see page 123). 3. Margaret McCulloch, who was provided as above with 2000 merks. She married Andrew McQuhinzie, in Culmaizie329. 4. Elizabeth McCulloch, who was provided with 1000 merks as above.

Particular Register of Sasines Wigtown II 20. Particular Register of Sasines Wigtown II 20. 327 Particular Register of Sasines Wigtown III 392. 328 Torhouse Inventory. Bond of Provn. 5 June 1651. 329 Torhouse Inventory.
325 326

103

98

George McCulloch (ii) of Torhouse

George McCulloch was served heir to his grandfather, Alexander, 1680, in Torhouse McCulloch, Torhousekie, Carngavin, Auchneacht, and Craigdow330. The arrest and execution on the charge of murder of Sir Godfrey McCulloch, brought ruin to many members of the McCulloch family. His estate was hopelessly involved and it took many years to disentangle his affairs. George McCulloch must have been on intimate terms with Sir Godfrey; he had acted as cautioner for him in many of the bonds that represented his financial dealings: one alone was for 5000. He was of course called on to implement his suretyship and consequently suffered serious losses. Many documents registered at the Sheriff Court of Wigtown attest the difficulties he, and other McCullochs had to face and adjust among themselves. Under their grandfathers Bond of Provision of 1651, too, Georges brother, John, was to receive 3000 rnerks. Beset with these difficulties, George found it necessary to meet his obligations by transferring to his brother John, the lands of Torhousekie, which he did in 1701331, and, on the same day, 27 February, he disponed the 5 land of Carngawn, 40/- lands of Auchneacht and Craichdow, with their pendicle called Slock, to Sir William Maxwell of Monreith. These lands lay in the parish of Kirkmaiden in Rynnes332. On 18 March 1688, one of

Torhouse Inventory. Torhouse Inventory. 332 Torhouse Inventory.

330 331

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99 creditors, John Lafreis, bailie of Wigtown, had secured the Crowns gift of Georges liferent escheat, and transferred it to Monreith the day before the sale of these lands333. In 1705, George was confirmed executor qua creditor to Sir Godfrey McCulloch in respect of the bonds for which he had been cautioner334. The final disruption of the estate came in 1724 when George disponed Torhouse to John McCulloch of Barholm, who was busy acquiring lands in an apparently reckless manner. As the disposition arose out of an adjudication, it is obvious that Barholm was a creditor335. The fate of Eschindarroch is not recorded. George McCulloch died in 1735 but no testament has survived. His widow, Janet Ramsay, daughter of John Ramsay of Boghouse, whom he had married in 1674,336 died in 1752,337, by which date she must have been over ninety. They left issue:1. Jean McCulloch, who married, first, in 1696, Michael Wallace, merchant, burgess of Stranraer338, and secondly, Anthony Aitkine, burgess of Stranraer339. 2. Agnes McCulloch, who married in 1697, Patrick McKie of Auchleand, whose mother, Katherene Lauder, is mentioned in the marriage contract dated 13 March 1697. In 1742 she raised an unsuccessful action for herself and her sisters against John McCulloch of Barholm and William McCulloch of Kirkclaugh, on the grounds that the estate of Torhouse really should be vested in the sisters340. She married, second, and prior to 1739, George Marwood, Officer of Excise at Greenock, whose relict she was in 1748341.

Culvennan Manuscript. Edinburgh Testaments. 335 Torhouse Inventory. 336 Torhouse Inventory. 337 Torhouse Inventory. 338 Particular Register of Sasines Wigtown 260. 339 Particular Register of Sasines Wigtown 332. 340 Torhouse Inventory. 341 Wigtown Testaments.
333 334

105

100 3. Grizzel McCulloch whose testament was confirmed on 11 November 1729, her sister, Elizabeth, being executor342. 4. Elizabeth McCulloch, who married, William McCulloch of Kirkclaugh, the contract being dated 16 November 1704. Her husband acquired the lands of Torhouse from John McCulloch of Barholm in 1724 and died on 3 May 1749. Elizabeth survived him by thirty one years, dying on 30 November 1780343 at the advanced age of 104344. What little remains to tell of Torhouse is really part of the story of Kirkclaugh family and is noticed in the account of that family, to reference is made (see page 198).

Wigtown Testaments. Torhouse Inventory. 344 McKerlie III 55.

342 343

106

McCulloch of Drummorrell
Arms Ermine frette gules, a bordure engrailed of the second Motto verus et sedulus345).

345

Lyon Register, I 359 Alexander McCulloch of Drummorrell.

107

101 THE FAMILY OF McCULLOCH OF DRUMMORRELL

Robert McCulloch (i) Of Drummorrell

THE 5 merk lands of Drummorrell lying in the parish of Whithorn were, originally, church lands belonging to Dundrennan Abbey. It is not known at what date this small property was alienated by the Abbey to the McCullochs of Ardwell but by the year 1583 it was held feu of the Commendator of Dundrennan by Gothra McCulloch of Ardwell and occupied as a kindly tenant by Robert McCulloch, burgess of Kirkcudbright. The connection of this Robert with the house of Ardwell has not been established but in a Decreet Arbitral of 6 August 1583, Robert McCulloch is described as near kinsman and friend, descended out of the house of Ardwell, and it appears that he had some claim to succeed Gothra who, having no male heirs of his own, eventually agreed to make over Drummorrell to Robert for his life and, thereafter, to his son James. Robert McCulloch, who thus became liferenter of Drummorrell, first appeared on record on 8 October 1562 as a witness to a sasine in Kirkcudbright346. In addition to other property there, he owned a tenement on the west side of the High Street leading from the Market Cross to the Mote of Kirkcudbright347. He was a member of the Town

346 347

Protocol Book Thomas Anderson 4. Protocol Book Thomas Anderson 42.

108

102 Council from 1576 to 1591348. From the Burgh he held a tack of the customs of Monygoff for which he paid 10 merks yearly349. He was also tacksman of the ferryboat across to Kirkchrist, for many years. The peculiarity of this service was that the tacksmen had to maintain the ferry, if necessary providing a new boat: and that the maills had to be paid, not to the Burgh, but to the minister, as part of his stipend350. Robert McCulloch may not have been the first of the family to reside in Kirkcudbright. His sister, Bessie McCulloch, married John McClellane of Balma, to whose son, Thomas McClellane, Robert McCulloch and his Sons were curators in 1582351. Robert married Katharine Tait352 and was dead by 1st October 1597353, leaving issue: 1. Andrew McCulloch, who, together with his father, infeft Alexander McGhie of Balmaghie in their tenement in Kirkcudbright in security for a loan of 700 merks on 18th July 1586354. He probably predeceased his father without issue for his brother inherited the tenement. 2.
3.

James McCulloch of Drummorrell, of whom hereafter. John McCulloch, mentioned in the above contract between his father, Robert, and brother, James, and Gothra McCulloch355.

Burgh Court Book 2. Burgh Court Book 7. 350 Burgh Court Book 46, 103, 246. 351 Commissary Court Register 57b. 352 Commissary Court Register 19b. 353 Burgh Court Book 346. 354 Commissary Court Register 42b. 355 Register Deeds XXI 464.
348 349

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103

James McCulloch of Drummorrell

James McCulloch is described, on 2nd October, 1597, as son and heir of Robert 356.and succeeded his father as joint tacksman of the ferry boat with James McGuffie. On 4th October 1598 he was elected to the Town Council of Kirkcudbright. In 1609 James McCulloch was enrolled, on petition, as an undertaker in the plantation of Ulster, taking up 1000 acres on 20 July 1610357. Among the original undertakers there were a number of other Galloway lairds: Sir Robert McClellane of Bomby (2000 acres), George Murray of Broughtoun (1500 acres), Sir Patrick McKie of Larg (1000 acres), Alexander Dunbar of Egerness, son of Sir John Dunbar of Mochrum (1000 acres), Patrick Vaus of Librak (1000 acres), and Alexander Cunnyngham of Powtoun (1000 acres). Many of them, including James McCulloch, sold out. The Rev. George Hill in his Plantation of Ulster traces the early history of many of these holdings but gives little information as to what happened to McCullochs lands358. The estate was known as the Manor of Mullaghveagh in County Donegal, and McCullochs surety was George Murray of Broughtoun. In 1612 McCulloch sold his interest to Patrick Nemoch, burgess of Edinburgh. The Reverend Hill states that James McCulloch was the son of William McCulloch and Elizabeth Dunbar, but this is clearly an error.

Burgh Court Book 346. Register of the Privy Council VIII 321. 358 Hill, George: Plantation of Ulster.
356 357

110

104 In 1618 James McCulloch was infeft in the 4 merk lands of Kirkdaill by Patrick Hannay of Kirkdaill, probably as security for a loan. In 1621 he had some trouble with his tenants on the lands of Arrow. A family called Braidfute were kindly tenants on the lands and, as such, had, by recognised custom, protection from eviction so long as they paid their fixed rent. The family consisted of James Braidfute, sometime in Arrow, now in Arbrak, Christian McCulloch, his wife, Alexander, his son, now in Arbrak, John, his son, in Ersik, and Nicol, another son, in Cottreoch. James McCulloch proceeded to buy them out in order to be rid of them. Some dispute, however, arose over the position of John Braidfute and his family who claimed that his interest in the kindly tenancy had not been bought out. They proceeded to force and destroyed Drummorrells ploughs, preventing his cultivation of Arrow. McCulloch appealed to the Privy Council and as the Braidfutes failed to appear, they were denounced rebels359. James McCulloch married, the contract being dated 9th May, 1583, Jane, daughter of William Houston of Cottreoch360 and must have lived to a ripe old age, dying between 16 October 1630 and 9th June 1631361 with issue:1.

Robert McCulloch of Drummorrell, of whom hereafter.

Register of the Privy Council XII 532. Culvennan Manuscript. 361 Particular Register of Sasines Wigtown II 115 & 126.
359 360

111

105 2. James McCulloch, to whom his father transferred his tenements in Kirkcudbright shortly before his death. In the infeftrnent, James is described as third son. Three years later, on 26th October 1633, James resigned the tenement in favour of his elder brother, Robert McCulloch of Drummorrell who, the following year, sold it to Alexander Mowatt362. 3. William McCulloch who married Margaret, daughter of Robert Vaus of Campheird, the contract being dated 8th September 1635. His father-in-law infeft them both in Culmazero and Kerebrowyne under reversion for 1000 merks363. William McCulloch had already received some provision from his father who had, in 1630, transferred to him the interest he had acquired in 1618 in the lands of Kirkdaill. In 1641 William transferred this interest in Kirkdaill to William McCulloch of Inshanks364. 4. Janet McCulloch, spouse of William McCulloch of Inshanks, son of the deceased William McCulloch of Inshanks365. The marriage took place about 1631 in which year her husband was retoured heir to his father, and, on the same day, August 1st, her brother, Robert, infeft her in the 5 merk land of Balsmith366. ROBERT McCULLOCH (ii) OF DRUMMORRELL Robert McCulloch succeeded his father in 1630 or 1631 but seems to have omitted to have had himself served heir until 1st May 1655367. He had already during his fathers lifetime, acquired the lands of Balsmith, in the parish of Whithorn, belonging to the Priory of Whithorn368. In 1630 he was ordered by the Privy Council to pay the teinds of these lands369.

Protocol Book Robert Glendonyng 60, 131, 144 & 148. 3. Particular Register of Sasines Wigtown II 239. 364 General Register of Sasines XXVIII 110 & L 51. 365 Particular Register of Sasines Wigtown II 136. 366 Particular Register of Sasines Wigtown II 137. 367 Wigtown Retours. 368 Registrum Magni Sigilli 1546/80. 2823. 369 Register of the Privy Council 2nd Series IV 596.
362 363

112

106 The same year he and his father supplicated the Council for the postponement of the hearing of a case in which they were charged by Alexander, Earl of Galloway, with the slaughter of Alexander Stewart, his servant370. There are frequent references in the registers to his financial affairs but few throw any light on his life or character. It appears that he lent considerable sums to Alexander McCulloch of Torhouse in 1626, for which he took infeftment in Torhouse under a Charter of the Great Seal by way of security in 1631. The sum, which amounted to 6500 merks371, was repaid in 1643. He married, about 1621, Jean McCulloch, grand daughter of James McCulloch in Balfern, called of Knockincure, and the spouses were infeft in Knockincure, which, no doubt, represented the tocher. Robert McCulloch of Drummorrells death is not recorded, but it is known that he was alive in November 1666.372. He left issue:1. Alexander McCulloch of Drummorrell, of whom hereafter.

2. James McCulloch who witnessed his fathers deed of provision for the brothers and sister. It is possible he may have been the eldest son for on 1st May 1650 James McCulloch, younger, of Drmeller (sic) became a burgess and guildbrother of Glasgow373.
3.

Robert McCulloch, infeft by his father in 1639 with Alexander and Agnes, his brother and sister in an annual rent from Torhouse McCulloch held in wadset by his father. The provision was for 80 each374. Robert was apprenticed to Hector McClure, Chirurgeon in Edinburgh on 23rd June 1647375.

Register of the Privy Council 2nd Series III 557. Particular Register of Sasines Wigtown I 201, II 126, III 164. 372 Wigtown Sheriff Court Records. 373 Glasgow Burgess Roll. 374 Particular Register of Sasines Wigtown III 80a. 375 Edinburgh Apprentice Roll.
370 371

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107 4. Andrew McCulloch, a witness in 1655376. On 9th June 1652 he was apprenticed to George Cleghorn, Goldsmith in Edinburgh377. 5. John McCulloch, a natural son, a witness in 1644378.

6. Agnes McCulloch, who married Mr James Hamilton, Minister at Wigtown, being infeft in 1643 in part of the lands of Arrow379. 7. Jean McCulloch, who married Alexander Crawford, eldest son of Hew Crawford of Garchrew, the Contract being dated 2nd August, 1653380. The tocher was 1200 merks381.

ALEXANDER McCULLOCH (i) OF DRUMMORRELL Alexander McCulloch was for a time during his fathers lifetime, known as of Auchlean. This was owing to his having married Margaret Gordon, eldest daughter and heir portioner of John Gordon of Auchlean. As such he acquired half of the 10 merk land of Auchlean, and Agnes Gordon, the other heir portioner, having married Alexander, Viscount Kenmure, disponed her half of these lands to Alexander and his wife382. In 1662 they disponed Auchlean to Adam McKie, late Provost of Wigtown, who took that designation383. This sale may, perhaps, have betokened financial trouble. That Alexander suffered from this complaint, all too common among Galloway lairds, may be inferred from two letters written by him early in 1669 to William McCulloch of Nether Ardwall384 concerning

Particular Register of Sasines Wigtown IV 52a. Edinburgh Apprentice Roll. 378 Particular Register of Sasines Wigtown III 169. 379 Particular Register of Sasines Wigtown III 139. 380 Particular Register of Sasines Wigtown IV 69. 381 Wigtown Sheriff Court Records. 382 Dalrymple Deeds Vol 76. 383 Particular Register of Sasines Wigtown IV 91, 119. 384 Ardwall Papers 298, 299.
376 377

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108 the settlement of a debt. Trewlie, he wrote, my son forced me to sell four nolt for fourtie pundis and four bollis of beir for fyve pund to pay ane Ellot, quhilk hes disableit me. Alexander was bred to the law as a writer and by 1676 was Commissary of Wigtown. He was a party to a rather obscure transaction relating to Barholm. On 7th July 1671 he was infeft by Sir Alexander McCulloch of Myretoun Bart., who had the gift of escheat of Barholm, in the lands of Barholm and Bardristan385, Myretoun, of course, retaining the superiority. Within a month the baronet seems to have repented of this action for on 7th July Alexander McCulloch infefted Sir Alexander in those lands 'in order that the right of property might be consolidated with the right of superiority in the person of Sir Alexander386. Alexander McCulloch was dead by 1679387, leaving issue:-388
1.

Alexander McCulloch (ii) of Drummorrell. Practically nothing is known of Alexander McCulloch, last of Drummorrell. He was a writer in Edinburgh, but has not been traced. By 1698 the property of Drummorrell had been sold389. In the 1684 parish lists his name occurs with the letter H attached, which means husband. The next name on the list is Anna McCulloch. If Anna was his wife, her name should have been followed by a W, but that has been omitted. She was a daughter of James McCulloch of Mule and the marriage contract was dated 14th May 1683390. They had issue at least one son,

General Register of Sasines XXVII 405. General Register of Sasines XXVIII 46a. 387 Wigtown Sheriff Court Books. 388 Wigtown Retours 27 Jan 1693. 389 Wigtown Sheriff Court Records. 390 Wigtown Sheriff Court Records.
385 386

115

109 David McCulloch, who, it appears from a letter written by William Stewart, London, to Alexander McCulloch of Drummorrell, dated 27th June 1713, was at that time in a merchant ship gone for Guinea and from thence for Jamaica (doubtless with a profitable cargo of negro slaves) and from there home391.

391

Ardwall Papers 1778.

116

McCULLOCH OF INSHANKS and MULE Arms : Ermine frette gules, a bordure indented of the second Motto : Diligens et fidus.392

392

James McCulloch of Mule, Lyon Register Vol 1.

117

110 THE FAMILY OF McCULLOCH OF INSHANKS AND MULE THE McCullochs of Inshanks are descended from a natural son of Torhouse. The property lies in Kirkmaiden parish and was a 2 merk land held of the Gordons of Clonyard. It is not known when the original feu was granted by the Gordons but it was held by George McCulloch of Torhouse and his wife, Margaret McCulloch, who in May 1592, granted it to her half brother, William McCulloch, natural son of the deceased John McCulloch of Torhouse, and his heirs, whom failing, the heirs of provision of the house of Torhouse McCulloch393. Prior to this disposition, William McCulloch had married Euphame Campbell, daughter of John Campbell in Balscallot, the contract being dated 14 April 1592394. In 1604, William married a second time, Euphame McCulloch, daughter of Peter McCulloch of Killasser, the contract being dated 4 February395. William was dead by 16 June 1628 when Letters of Horning were issued against Euphame McCulloch for non-confirmation of the testament of William McCulloch of Inshanks396. Only two sons are recorded of these marriages 1. 2. William McCulloch, of whom hereafter. James McCulloch397.

WILLIAM McCULLOCH (ii) OF INSHANKS William McCulloch (ii) of Inshanks was infeft as heir to his father in 1631 398. He married Janet McCulloch, sister of Robert McCulloch of Drurnmorrell, the contract being dated 13 August 1630399. Perhaps as security for tocher, her father, James McCulloch, infeft the spouses in the 5 merk land of Balsmith400. Little else is recorded of

Protocol Book of Wm. Glover I 14. Protocol Book of Wm. Glover I 14a. 395 Protocol Book of Wm. Glover I 70. 396 Wigtown Hornings. 397 Particular Register of Sasines Wigtown II 136. 398 Particular Register of Sasines Wigtown II 136. 399 Particular Register of Sasines Wigtown II 136. 400 Particular Register of Sasines Wigtown II 137a.
393 394

118

111 this second William. In 1641 he was infeft in the 10 merk land of Barnes in the barony of Glenluce, belonging to William Hannay of Kirkdaill401, probably as security. He was alive in 1658402 but dead by 1668 leaving issue :1. 2. James McCulloch of Inshanks, of whom hereafter. William McCulloch, tenant in Inshanks and, later, in Killasser.

3. John McCulloch in Grange, who is mentioned in the ranking of the creditors of Sir Godfrey McCulloch of Myretoun. 4. Alexander McCulloch403.

5. Janet McCulloch, spouse to Archibald Gordon of Barnsalzie, the marriage contract being dated 13 July 1663. 6. Marie McCulloch, who married Robert Corbett of Balmacraill, the contract being dated 30 October 1667404. Robert Corbett appears to have got into financial difficulties405 and sold Balmacraill (now known as Cairnholm) to David McCulloch of Ardwall in 1702406. He died between 1705 and 1708 leaving issue :i. Margaret Corbett, who married Alexander Muir of Barley, the marriage contract being dated 9 March 1703407. ii. Agnes Corbett, who married John Carsone, only son of Thomas Carsone in Sprotts Pluntoun, the contract being dated 14 December 1705408. JAMES McCULLOCH OF INSHANKS James McCulloch is described as of Inshanks in his sister Janets infeftment under her marriage contract. The same year, 1663, he received an assignment from William McCulloch, brother of Robert

Particular Register of Sasines Wigtown III 113. Particular Register of Sasines Wigtown IV 32. 403 Kirkcudbright Sheriff Court Deeds 1238. 404 Ardwall Papers 1779. 405 Ardwall Papers 1792. 406 Ardwall Papers 39. 407 Ardwall Papers 1789. 408 Ardwall Papers 1790.
401 402

119

112 McCulloch of Drummorrell, of a wadset right on Kirkdale409. In 1668 he purchased from Thomas Kennedy of Mool, and Agnes Kennedy, spouses, the 5 merk land of Mool or Mule, with the croft called Croftgregan in the parish of Kirkmaiden, for 10,000 merks410. Sasine did not follow till 1674 and at the same time James was infeft heir to his father in Inshanks411. He had married a lady named Janet Murray, who that same year was infeft in a half of 80 furth of both properties under Letters of Provision412. From an incomplete draft of a disposition of 1733 by his grandson, it appears probable that Janet Murray was a daughter of Anna Lennox, Lady Calie, wife of Richard Murray, younger, of Broughtoun413. James McCulloch must have disposed of Inshanks though its later history has not been traced. Mule was only retained by him for a short period. In 1685 he disponed that property to Samuel Martin of Clon414: two years later he figures as late of Mool and now of Killasser. He had been involved in the financial complexities which arose after the execution of Sir Godfrey McCulloch of Myretoun. As cautioner for Sir Godfrey, he became liable in heavy sums, and to protect himself, he apprised the lands of Killasser and the barony of Myretoun, being infeft under Great Seal Charter415. There can be little doubt that this infeftment gave rise to the later and mistaken claim of the Barholm family that Mule was heir to the Myretoun estates. In a grant of arms to Barholm dated 30 March 1814, the Lyon Register contains this note416 - On the death of Sir Godfrey McCulloch of Myretoun the elder branch of that family became extinct and the younger branch was McCulloch of the Muill of whom

General Register of Sasines Vol 50 f 51. Register Deeds MacK. XXIII 685. 411 General Register of Sasines XXXIII 226, 228. 412 General Register of Sasines XXXVI 286a. 413 Culvennan Manuscript Vol II. 414 Register of the Privy Council 2nd Series III 99. 415 General Register of Sasines LVI 242a. 416 Lyon Register II 112.
409 410

120

113 McCulloch of Barholm is the lineal descendant representative. It would be difficult to cram more errors into one sentence. It was after, not on, the death of Sir Godfrey that the extinction came: McCulloch of Mule was descended from Torhouse and not Myretoun: further, that branch was illegitimate: and there is no evidence that Barholm was descended from Muill. By his wife, Janet Murray, James McCulloch had issue :1. Alexander McCulloch, of whom hereafter.

2. Grizzel McCulloch, who married in 1683 Alexander Gordon, younger of Clonyard417 : she is described as a second daughter and her eldest son was James Gordon418. 3. Margaret McCulloch, who married, the contract being dated 30 April 1695, John Murray in Broughtoun, whose first wife, Jean Donaldson, had recently died. The tocher was 1000 merks and the contract was signed at Gatehouse of Fleet419. 4. Anna McCulloch, who married Alexander McCulloch of Drummorrell420.

5. Jean McCulloch, wife of Alexander McMaister in Kirkland of Kirkcurn, may have been another daughter421. ALEXANDER McCULLOCH Alexander McCulloch, who is described as late of Mule, was a lieutenant in Colonel Hills Regiment of Foot. He married Mary Dudgeon, a relation of James Dudgeon, Bailie of Inverkeithing. To this James Dudgeon, Alexander had disponed the sum of 3000 merks due from the Murrays of Broughtoun under his fathers marriage contract, which was later assigned by Dudgeon to his brother, Richard Dudgeon, brewer in Thomas Court,

Dalrymple Deeds LXI 41. Logan Charters (Reid) 203. 419 Culvennan Manuscripts. 420 Wigtown Sheriff Court Deeds 59. 421 Wigtown Sheriff Court Deeds 58.
417 418

121

114 Dublin, who, in turn, translated it back to Alexander along with sundry debts due to Alexander by Sir William Maxwell of Monreith from the bankrupt estate of Sir Godfrey McCulloch of Myretoun422. Lieutenant McCulloch retired to Ireland, residing at Ballycopeland, Donaghadee, County Down. He seems to have been alive in 1748, but dead by 1754, issue :1. 2. Henry McCulloch, of whom hereafter. William McCulloch.

3. Ann McCulloch, who married Francis McMinn, merchant in Donaghadee, whose son, Alexander McMinn, was served heir general to his mother, and his aunt, Jean McCulloch, in 1770423. 4. 5. Margaret McCulloch. Jean McCulloch, who was dead by 1770.

HENRY McCULLOCH Henry McCulloch, regardless of the final settlement of Sir Godfrey McCullochs estate in 1748, whereby his father drew 389.13.4, with outstanding interest, from Monreith, and 142.6.10 from Garthland, decided to reopen the claim against Monreith. On 9 October 1754 he appointed procurators to obtain his service as heir to his grandfather, James424 and on 1 March, was retoured heir general 425. He was then living in Donaghadee and it appears that this manoeuvre was no more than a scheme with John McCulloch of Barholm to acquire lands by dubious methods. The agreement, dated 21 March at Balhassie, is given by McKerlie426, who describes it as 'a disagreeable occurrence',

McCULLOCH OF TORHOUSKIE

Culvennan Manuscripts Vol II. Wigtown Retours. 424 Culvennan Manuscripts Vol II. 425 Wigtown Retours. 426 McKerlie I 76.
422 423

122

115 THE FAMILY DF McCULLOCH OF TORHOUSEKIE

JOHN McCULLOCH (i) OF TORHOUSEKIE

THE lands of Torhousekie in the parish of Wigtown came into the possession of the McCullochs of Torhouse some time after 1582427 and remained in that family until 1701. In that year they were disposed by George McCulloch of Torhouse to his brother, John428. In 1685, John, who was a son of Hew McCulloch of Torhouse and his spouse, Cecilia McCulloch, daughter of John McCulloch of Myretoun, had sued his brother, George, for his patrimony and had obtained judgment for the sum of 1001.13.4, upon which he raised Letters of Inhibition and obtained a sentence of Adjudication against his brothers estate in 1687. This led to an arrangement by which John discharged his brother, George, of the patrimony, and paid down 1000 in addition, for a conveyance of Torhousekie. The conveyance was dated 27 February 1701429. John McCulloch had previously been tenant in the lands of Chippermore on the Mochrum Estate 430. He married, first, prior to 1688, Janet Hathorn, daughter of Anthony Hathorn in Stewartoun, and relict of William McGuffok in Chippermore. Her son by this marriage,

Exchequer Rolls XXI 473. Torhouse Inventory & Culvennan Manuscripts II 91. 429 Culvennan Manuscripts II 91. 430 Culvennan Manuscripts II 91.
427 428

123

116 William McGuffok, died in Pebruary 1705 and his McCu1loch half brothers and sister, John, Anthony and Agnes, were his executors431. John McCulloch married, secondly, Janet McAdam, relict of Robert Christian of Munkhill, who survived him and died about 1736. She was residing at Munkhill when she made her testament dated 25 September 1728. In this she made a bequest to her step-granddaughter, Janet McCulloch, and requested to be buried in her first husbands grave432. By his first marriage, John McCulloch had the following issue:1. 2. 3. John McCulloch (ii) of Torhousekie, of whom hereafter. Anthony McCulloch, in Clone,433 mentioned later. Agnes McCulloch, mentioned above.

JOHN McCULLOCH (ii) OF TORHOUSEKIE On 31 May 1708, his father made over Torhousekie to John McCulloch on the understanding that he paid his, the fathers debts and also 900 merks to his brother, Anthony, to cover his share of his fathers estate, and legacies left to him by his grandfather, Anthony Hathorn, and half-uncle, William McGuffok in Chippermore434. John McCulloch predeceased his father and died in 1727. His Inventory gives an interesting list of household plenishings and includes a nightgown valued at 1.16/- Scots: it must have been a magnificent

Wigtown Testaments 1706. Wigtown Testaments 1736. 433 Culvennan Manuscripts II 91. 434 Culvennan Manuscripts II 91.
431 432

124

117 garment435. He married Elizabeth McCaul, probably a daughter of the Rev. John McCaul, Minister at Whithorn436 who survived him and was alive in 1751. The Contract was dated 18th July 1710437. They had issue:(1) Henry McCulloch (i) of Torhousekie, of whom hereafter

(2) Anthony McCulloch, merchant in Edinburgh. He, and his brother Henry, are mentioned as substitutes in one of the Barholm entails, dated 1742. (3) Janet McCulloch, who was employed as a governess to her young cousins, the children of Edward McCulloch of Ardwall. While at Ardwall, she had the misfortune to become involved in a scandal, in 1750, with her cousin, Edward McCulloch of Auchengool, which led to court proceedings, which have been noticed in the account of the Auchengool family (see page 210). (4) (5) Grizel McCulloch, who gave evidence in the above proceedings. Jean McCulloch, who was also a witness for her sister, Janet, in these proceedings.

HENRY McCULLOCH OF TORHOUSEKIE Henry McCulloch was a minor when he succeeded his father in 1727, which may account for the fact that he never completed his title to Torhousekie. His part in the unfortunate affairs of his sister, Janet, has been noticed elsewhere (see page 214) and it is feared he was a considerable financial loser thereby. He appears to have owned other lands beside Torhousekie and sold the lands of Chippermore for 1,000, as well as Leathes in the Stewartry438. A portrait of him by Francis Cotes, dated 1752, and showing him fashionably dressed in velvet and lace, still exists. He married Nicolas, eldest daughter of David Thomson of Inglistoun and his wife, Margaret, daughter of Robert Muir of Glenquicken who was

Wigtown Testaments 5 Jan 1729. Wigtown Testaments 1728. 437 W.S. Session Papers XXVII 35. 438 Culvennan Manuscripts.
435 436

125

118 born in 1739439 and with whom he obtained a tocher of 400 merks440. He thus had no excuse for his failure to make provision for her and his younger children after his death, which occurred on 8 October 1775. He left an estate in land yielding 240 sterling free income, after payment of all debts but he left no personal estate, and as he was only infeft in a part of his lands, and not Torhousekie itself, his widows right of terce amounted to only 40 per year. On behalf of herself and her younger children, therefore, she had to bring an action against the heir, her own eldest son, David, himself a minor. The younger childrens claim was not disputed but her own, aliment was increased by 20 yearly for 19 years441. Henry McCulloch had the following issue:1 David McCulloch of Torhouskie of whom hereafter 2. John McCulloch 3 Elizabeth McCulloch 4. Margaret McCulloch 5. Janet McCulloch, who married on 31 August 1797, Robert Watson of Linthouse, a banker in the city of Glasgow. They had issue, 2 sons and 4 daughters of whom Euphemia, born at Glasgow 13 August 1801, married at Goven on 2 November 1824, George Kinnear, banker in Edinburgh. Their only surviving child, Janet Kinnear, died unmarried as recently as 1904442.

Anworth Register. Culvennan Manuscripts. 441 Morisons Dictionary. 442 From information given by Commander R.C. Kinnear, R.N. See Culvennan Manuscripts II 91.
439 440

126

119 DAVID McCULLOCH of TORHOUSEKIE David McCulloch was born in 1764 and was a merchant in Glasgow443. In 1823 he made an attempt to claim the lands of Glenquicken. Robert Muir of Glenquicken, who had originally entailed the property, had a son, Adam, and two daughters, Jane and Margaret. He also owned the lands of Livingstone in the parish of Balmaghie. He settled both Livingstone and Glenquicken on his son, Adam, whom failing, Livingstone on his daughter, Jane and her heirs: and Glenquicken on his daughter, Margaret and her heirs. Adam died without issue and Livingstone accordingly went to his sister, Jane. Glenquicken went to Adam Thomson, who was the only son of Margaret Muir and her husband, David Thomson of Ingliston, and who adopted the name Muir, calling himself Adam Thomson Muir. He died without issue, having had six sisters, of whom the eldest, Nicolas, David's mother, had predeceased him. David, as son of the eldest daughter, claimed Glenquicken, but the Court held that the six daughters of Margaret Muir and David Thomson should all share equally, and that David was, therefore, only entitled to a sixth of the estate444. The greater part of the remainder eventually fell, by will and otherwise, into the possession of the descendant of Davids aunt, Jean Thomson, whose grand-daughter Jane married Davids son, Henry. Jane and Henry thus came to own between them almost the whole of Glenquicken445. David McCulloch later became involved in financial difficulties and was compelled to sell Torhousekie in 1828 to Robert Hagart, a merchant

Kirkcudbright Retours 1794. II Shaw, 1823 page 186. 445 Glenquicken Titles.
443 444

127

120 in Glasgow446. He married Mary Denholm who was born in 1775 and was the widow of William Weir and daughter of Lieutenant William Denholm of the 63rd Regiment and his wife Sarah Young, daughter of Samuel Young of Broomrig and Gullyhill. Mary Denholms brother, Samuel Denholm, subsequently assumed the name of Young on account of his mother447. David McCulloch died with his affairs still in disorder448 in 1828449 leaving a son. HENRY McCULLOCH (ii) of TORHOUSEKIE (so called) Henry McCulloch was born in 1814 and married in 1838, Jane Elizabeth Cameron Mouat, daughter of Mrs. Margaret Cameron Mouat of Garth in Shetland and his own second cousin. His grandmother, Nicolas Thomson had been a sister of his grandmother, Jean Thomson. As has been said, Mrs. McCulloch had some property of her own, including the major share of Glenquicken. Henry McCulloch died at Knockbrex in 1851. Of this event, Mrs. James Murray McCulloch of Ardwall wrote to her daughter, Janet (Mrs. John Gordon Brown):- I went to Knockbrex with Pen (her daughter, Penelope McCulloch) on Monday and saw Mrs. McCulloch for the first time since her sad sad loss. Poor Henry is missed there. She was, as you may believe, in deep grief, but is very resigned, since it is the will of God to separate them, in giving her his last wishes. I believe his very last he desired to give Mrs. McCulloch, Ardwall, his small old watch for her kindness to you, Jane, since ever you came to Galloway, she will value it for my sake, and it will be valued. How I do mourn Henry, what must his wife do?450.

Torhousekie Titles. Pedigree of Family of Young in possession of Mr Hotchkiss Twyenholm. 448 Glenquicken Titles. 449 Ardwall Papers 1818. 450 Ardwall Papers 1141.
446 447

128

121 On the death of Mrs. McCulloch of Ardwall two years later, in 1853, the old watch was returned to Mrs. Henry McCulloch. Her daughter, Henry, left it, at her death in 1913, with the rest of her property, to William Stewart of Shambellie, who was kind enough to return it to Ardwall where it is still preserved (1947). Mrs. Henry McCulloch survived her husband until 1890 when she died at Valleyfield aged 78. Their family was: 1. David McCulloch, who died at Hong Kong in 1891 unmarried and insolvent. 2. William McCulloch, printer of Kansas City, U.S.A. who married Mrs. Jenny Luther at Denver, Colorado, in 1877451. He died at Kansas on 1 January 1912 aged 66. 3. Margaret McCulloch, who died in 1910 at Valleyfield. aged 71. 4. May McCulloch, who married the Rev. Alexander Bayne, Minister in Shetland. 5. Elizabeth McCulloch, born 1844 and died 1857 at Harrogate. 6. Jane McCulloch, who married her first cousin, Zachary Macaulay Hamilton, Sheep farmer, Symbister, Shetland. 7. Henry McCulloch, who died at Valleyfield in 1913 aged 64, leaving her whole estate, including her share of Glenquicken, to William Stewart of Shambellie. Henry and her sister, Margaret, had resided for some years at Valleyfield, Ringford. On the occasion of the present writers coming of age, William Stewart presented him with a pair of silver wine slides, engraved with the McCulloch crest, and told him they had come from Miss McCulloch at Valleyfield. They were, no doubt, part of the old family silver.

451

McKerlie IV 286.
129

McCULLOCH OF CARDINESS Arms : Ermine frette gules of eight pieces, and on an escutcheon azure, three wolves heads erased argent.452

452

Nisbet I 219 quot. Pont.

130

122 THE FAMILY OF McCULLOCH of CARDINESS CARDINESS was an ancient Lordship held by Knight Service dating back to the 12th century when one, David, son of Terri, granted the Church of Anwoth and the Chapel of Culeness (sic for Cardiness) to the Abbey Holyrood. David, or, perhaps his father, was one of that numerous band of Anglo Normans from Cumberland who crossed the Solway into Galloway, probably at the invitation of the early Lords of Galloway, receiving grants of lands for services rendered, and who left mote hills on the lands so obtained as evidence to this day of their residence in Galloway. David came from the vicinity of Gilsland and was, at any rate, part owner of Over Denton, for, prior to 1181, he and Robert, son of Askethill, granted that parish church to Lanercost Priory453. His Scottish estate was similarly affected by this access of piety. His mote hill and residence must have been what is now called the Green Tower Mote which stands immediately behind and to the south of the farm of Boreland of Anwoth. The site of the Chapel of Culeness, which was the feudal lords private must certainly have been adjacent to it. It was probably built before the foundation of the parish church of Anwoth which, like the Chapel, had been granted by David to Holyrood454. Following the Norman practice, Davids descendants must have adopted the place name of the Lordship as their surname, for, a Nicholas de Kerdenes, Knight, and Cicely, his spouse were involved in a long litigation with the Monastery of Dundrennan.

453 454

Register of Wetherel 74. Holyrood Charters 39, 40.

131

123 This litigation was already in progress when it was first recorded in 1220. The dispute was connected with Cicelys dower to which the monastery appears to have laid claim. From then until 1246 the dispute dragged along, one appeal after another being made to the Pope for justice on the part of the aggrieved knight and his lady, and the Pope remitting the case time and again for adjudication to the ecclesiastical tribunals of this country. At length final judgment was given against the Monastery by the Precentor of York and his co-judges. As this judgment, was not to their liking, the monks shewed themselves rather contumacious, and appear to have been unwilling to give up what they had taken possession of; so the knightly Nicholas, and his wife blocked up, for one night, the doors of a certain chapel which the monks had defended against them. For this high handed proceeding they were put under sentence of excommunication. But, happily, within a short time, papal authority was given to the Archdeacon of Whitehern to grant them absolution455 456. In 1277 Bertram de Kerdennes was a witness to a charter by King Alexander confirming a grant by Devorguilla de Balliol to Glasgow Cathedral457. Again, in 1282, Sir Bertram de Kerdennesse, probably the same man, was a witness to the surrender by Robert de Campania to Devorguilla, of all his lands in Borg458. On 14th March 1290 the Scottish Parliament met at Brigham and confirmed the Treaty of Salisbury, made with England the previous autumn. Amongst the nobles, magnates, and churchmen, who composed the Parliament, was a Bertram de Cardveres459. Sir Bertram probably died shortly after that event for it was a

Abbey of Dundrennan (Christie) 38. quot. Cal., Papal Registers. Vol I. Theiners Monumenta. 457 Register Glasgow I 193. 458 Bain II 212. 459 Stevenson I 130.
455 456

132

124 John de Kerdernes460 and Michael de Cardelnes461 who rendered homage to King Edward 1 and signed the Ragman Roll in August 1296. This word is familiar to all Scottish genealogists but the origin of the term, which is curious, is not generally known. A word of explanation may be of interest. Rageman, Ragman or King Rageman was a popular game with our ancestors in the middle ages. The point of this game was that each player drew, at random, a character from a roll offered to them whose part they were obliged to act as best they could. For this purpose, a number of characters, good, bad and indifferent, grave and grotesque, were written consecutively on a long strip of paper and from each character hung a string which had, at the end of it, a knot or tassel or a seal. This paper, known as the Ragmans Roll, was then rolled up and offered to each player who drew a character by pulling any one of the strings. When the Scottish barons presented themselves at Berwick to swear allegiance to Edward 1, each in turn put his name to a roll of parchment acknowleding his dependence on the English Crown. The seals of the subscribers were then attached to this document by small strips of parchment giving it a close resemblance, when rolled up, to the instrument used in the game with which all were familiar. When this was dubbed a Ragman Roll by a wag among the courtiers, the company received this crystening in gre, and the name, originally given in jest, has now become historical462.

Bain II 211. Bain II 185 & 210. 462 Agnew's Hereditary Sheriffs 18.
460 461

133

125 Tradition asserts that an heiress of the de Kerdernes family married a McCulloch and tells a grim and dramatic tale of how she became the last of her race. It is thus recounted in the Hereditary Sheriffs463. A certain laird of Cardoness, having exhausted his resources in the building of his castle,. joined a band of Border thieves and amassed considerable property by plunder. During twenty years of married life his wife had borne him nine daughters; but this did not satisfy his now increased anxiety to perpetuate his name, and he threatened his lady that, unless at her approaching confinement, she produced a son, he would drown her and all her nine daughters in the Black Loch (a small sheet of water, of reputed immense depth, about a mile north of the present ruined castle) and look out for another wife. The probability of his carrying out this threat was not doubted for a moment, and hence great was the joy of the lady and her neighbours when she actually presented her husband with a boy. It was now midwinter and the lake was firmly frozen over so the Laird announced his determination of giving a grand fete on this same Black Loch. In accordance with his orders, on a certain Sunday, his whole family was there assembled, excepting one daughter, who was unable to join the party (some versions of the story state that she was attending her mother at home). The revels were at their height when, suddenly the ice gave way, and the old sinner was plunged himself into the dark waters, and perished miserably with all his family, only excepting the one young lady, who, having thus narrowly escaped the same fate, shortly after, married one of the McCullochs. There is no evidence to support this tradition though such a marriage may, reasonably, be assumed. One small clue may be quoted to support it. The de Kerdernes family was distinguished by its link with the christian name of Bertram, a most unusual one in a Scottish family. Now, in 1516 there was mention of a Bertram

463

Agnew's Hereditary Sheriffs 30.

134

126 McCulloch undesigned, who was charged with the theft from the lands of Borness of some cows which.had been poinded for Crown Maills by Thomas Forrester, Chamberlain of Galloway464 and it is possible that this might indicate a relationship between two families. GILBERT McCULLOCH OF CARDINESS By whatever means the McCullochs acquired Cardiness, Gilbert was the first to appear on record, as a witness in 1466, to the alienation of half the lands of Mabie and others in Troqueer parish by William McCulloch of Kirkmabrick465. It has not been possible to place this William McCulloch. Kirkmabrick may be the parish of that name next to Anwoth, or the lands of that name in Kirkmadrine parish near Ardwell in Wigtownshire. William McCullochs conveyance was to Robert Heries of Kirkpatrick Irongray, under reversion, for 354 merks, his son, Morice McCulloch of Dowlarg, being a consenting party. William must also have had a daughter, Elizabeth McCulloch, who, in 1476, had sasine of Mabie466 and who must have married John Hereis of Mabie, younger son of the above Robert Hereis. Their son, Robert Hereis of Mabie, fell at Flodden, and their grandson, Robert Hereis at Pinkie. The latter received a Crown Charter of the above lands on 11 February 1530/31 as great grandson of the deceased William McCulloch of Kirkmabrick467. This is all that is known of Gilbert McCulloch for within two years he was dead, and, in 1468, James McCulloch, presumably his

Acta Dominorum Concilii XXVIII 23. Registrum Magni Sigilli 1424/1513. 948. 466 Exchequer Rolls IX 677. 467 Registrum Magni Sigilli 1513/46. 989.
464 465

135

127 son, had sasine in Cardiness and Kirkmabrick468. JAMES McCULLOCH OF CARDINESS To James McCulloch there are a number of references. He must have been a leading figure of his day in the Stewartry and was most probably the builder of Cardiness Castle. The architectural aspect of this castle had been adequately dealt with469 and it is only necessary here to observe that the hand of the ecclesiastical builder is clearly evident, notably in the aumries and chimney mouldings, Now, abbey and church building had ceased about the middle of the 15th century and it is well known that these skilled craftsmen turned their bands to the castles of the knights and the barons. Judging from the style of architecture and from the fact that the interior of the excessively thick walls was used for the construction of small chambers, the date of the building of the castle may be fixed in the latter half of the fifteenth century. The invention of gunpowder and the manufacture of cannons about a century before this date had rendered the mediaeval castle obsolete as a place of defence. Cardiness, like its contemporaries, is no more than a fortified residence. An interesting description of it is given in a report prepared by an English official, no doubt an intelligence agent or spy, in the time of Queen Elizabeth, the original of which is in the British Museum.

468 469

Exchequer Rolls IX 674. See McGibbon & Ross, & Cardoness Castle (Fleming).

136

128 Cardines Towre standeth upon an hight bancke and rocke harde upoun the watter Flete: there can noo ordinance nor gounes endomage it of the sea, nor can there noo artyllare be taken to it upoun the lande, ones having the house, for straitness of ground, and if ye land at Newtoun upoun Flete watter, then ye must pass one mile strait ground and up rockes, wheare noo ordinance can be caryed but upoun mens backes. It is nyne foot thick of the wall without a bermeking and withoute battaling. At the ground eb men may ryde under the place upoun the sandes one myle: and at the full sea boates of eight tonnes may come under the wall. It may be taken with two hundreitht men, at the suddane. And being in Engliss possession, may be kepte with one hundreit men in garrisone. It will annoye the inhabitantes betuix the watter of Cree aforesaid and Kiyrcowbright: and be assistant to the same. Distant by sea from Wirkington in Englonde twenty two myles.470. So much for the outside aspect: what of the inside ? As one stands in the now roofless castle hall one may well try to imagine the scenes of former times and it is permissible, perhaps, to quote a description of a typical Scottish castle banquetting hall of four centuries ago. Few attempts have been made to describe the domestic customs and the merrymakings of these times. Though crime and disasters, wars, fueds and plundering raids, are chronicled in abundance, little notice has been taken of the triumphs of culinary skill achieved on festive occasions by the fair mistresses of our feudal towers; and this is to be regretted, because, if our forefathers were prone to quarrelling with their neighbours, they were at least fully alive to the duties of hospitality. At the commencement of the 16th century the hours for dinner and supper, among the higher classes of society, were ten and six respectively. In Galloway, at this date, the dining rooms were neither lathed or plastered: and hangings for the walls were a luxury confined (and that very exceptionally) to a few of the wealthiest barons. Rough cupboards stood

470

Hist. Monuments Commn. Rept. 8.

137

129 against the walls of the hall; the dining table consisted of boards supported on trestles - hence they were very elastic - and, as required, were made to accommodate comfortably a number only limited by the size of the whole apartment. When the repast was over, free circulation was given by the simple process of lifting a few of the leaves off the trestles: and when the party broke up, the tables were closed as it was expressed, which meant that their component parts were all ranged against the wall. On dinner being served, the grand event was announced by the sound of horn and trumpets. A servant then handed round a basin, in which each guest washed his hands, another following with a towel. Guests then not only walked to their places in couples, but ate in couples also, two persons being always served off the same plate (that is to say if they could get one at all), for plates were sometimes scarce, in which case, thick slices of inferior bread did duty instead. Such slices were called trenchers; by these the gravy was soaked up, and in primitive times, and at more frugal entertainments, the trenchers themselves formed part of the repast. But among the wealthier classes it soon became the custom to throw these into the alms baskets, whence they were distributed to the poor. On gala days, a Galloway baron produced viands in very considerable variety. The beef and mutton were of the very best; there was veal, lamb, and not only pork, but wild boar. His bill of fare also included, besides poultry of all sorts and game, such as are common now, swans, sea gulls and cranes, which last, being enormously dear, served to mark the liberality of the entertainers The red fische or salmon was duly appreciated, although in 1500, a porpoise was esteemed a still greater delicacy: and many Galloway lochs were then famous for producing great store of eels, against eating which, there was, at that time, no prejudice. Besides ordinary wheaten bread, on grand occasions, a fancy loaf, called bread of mane, sweetened and enriched with spices, was considered absolutely necessary.

138

130 A hen in the broth with plums in it, was a national dish which long before this, had attracted the favourable notice of English travellers. We know little as to the details of the second course, but our fair ancestresses understood well the art of making jelly from the feet of sheep and oxen. As to the dinner service, napkins were in general use, though, except on state occasions, we may doubt their being scrupulously clean. The dishes and plates, as well as the spoons and cups, were almost all of wood. There were steel knives, and forks, also, which were used occasionally in serving the dishes, but these latter were not used in eating at this time, not for more than a century later. Even after the accession of James VI to the English crown, eating with forks was considered not merely an affectation, but a monstrous foreign innovation, against which, worthy divines were wont to launch forth invectives, as a daintiness which was a direct insult to providence - the disdaining to touch with the fingers the meat which had been graciously supplied - and as a sin which might entail national judgments. Glass bottles were in use, and these of very grand proportions, as we often read of bottles holding each a half gallon of Gascon wine; but wine glasses were rare indeed, and, up to a very much later period, at the houses of the smaller Galloway lairds, one glass had frequently to serve the whole company. The grand ornament of the table at baronial feasts was the salt cellar; this varied in material and magnificance according to the wealth of the owner, and was often the only piece of plate, although in a few of the best hadding houses, there was sometimes to be seen a second silver vessel which was divided into compartments for holding spices. When the last course of the dinner was over, the attendants again handed round the basins and the towels - a very necessary process where all had eaten with their fingers; and then the company sat over their wine and made merry. Minstrels were frequently introduced at the dessert; their presence was an addition to an entertainment which was highly prized.

139

131 These few particulars, authenticated with great care, may serve to throw a little light on the festivities of our ancestors. Their feasts were conducted in a style of rude magnificence, and we may easily realise the doings in their dining halls but as to the bedroom arrangements incident to their great gatherings, these, we confess, utterly exceed our comprehension!471. To James McCullochs litigious character we owe most of our knowledge of him. In 1471 he was sued by Alexander Mure of Bardrochat on the grounds of his illegal procedure in a case concerning the lands of Auchinflour472. In 1480 he was involved in litigation with his nearest neighbour, Mr. William Lennox of Cale473, and three years later, he was sued by Agnes Spot for wrongful occupation of the lands of Kirkeok474. In 1488 James McCulloch was a pledge for his kinsman, Norman McCulloch, in his crown lease of Balgregane475. The following year he was engaged in a lawsuit with Henry Mundwell of Egirness, the last male descendant of the feudal family of de Munderville in Galloway. Another lawsuit with Alan Dalrymple of the Lacht brought James McCuiloch into intimate association with his kinsmen, Sir Alexander McCulloch of Myretoun, and Einlay McCulloch of Killasser, who, were ordained to keep James Skaithless at the hands of the said Alan476. James McCulloch of Cardiness seems to have been a man of but few family scruples: he did not hesitate to marry his only recorded daughter to a natural idiot. It is difficult to see in such

Agnew's Hereditary Sheriffs 127. Acta Auditorum 19. 473 Acta Dominorum Concilii 60. 62. 474 Acta Auditorum 126x. 475 Exchequer Rolls X 657. 476 Acta Dominorum Concilii 127/8. 232.
471 472

140

132 an action any motive but the lust for gain. He at once secured the curatorship of the idiot whose father had just died, and, until the idiot died, only a few months before himself, he must have been able to feather the Cardiness nest with some success. James died early in 1500, being survived by his wife, Elizabeth Lennox, who, by 1508, was the wife of Roger Kirkpatrick of the Knok477. They had issue:1. Ninian McCulloch of Cardiness, of whom hereafter.

2. David McCulloch, who married Margaret Menzies. His father gave them, on 26 February 1494, the 5 merk land of Laccovollene, which must be identified with the lands of Lakinmullin or Myln Isle478. David must also have recieved from his father the lands of Conquhitoun, and, amongst other lands, he had sasine of Gaitgil Mundell. He was the ancestor of the family of McCulloch of Barholm. 3. Margaret McCulloch, the unfortunate wife of Alexander McClellane of Gelstoun, the idiot, a connection that was to bring much litigation to the McCulloch family. By her husband, Margaret had four children, John, Patrick, Margaret, and Elizabeth479. NINIAN McCULLOCH OF CARDINESS Ninian McCulloch must have succeeded to the estate in about 1500 for on 28 November of that year the Crown granted the maills of Cardiness to John Dunbar of Mochrum during the non-entry of the heir480. Dunbar did not enjoy them long for the following year Ninian received sasine

Acta Dominorum Concilii XX 79a. Registrum Magni Sigilli 1424/1513. 2295. 479 Acta Dominorum Concilii 1496/1501. 280. 392. 480 Registrum Secreti Sigilli I 601.
477 478

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133 in Cardiness and Kirkmabrick481. His brother in law, Alexander McClellane of Gelstoun, had died before 1500482 and was described as a natural idiot 483 which, however, did not prevent him leaving issue in whom their fathers mental taint is readily detected. During his life Alexander had been under the curatorship of the Earl of Angus484 who assigned it to James McCulloch of Cardiness and Thomas McClellane of Bomby jointly485. Angus had been Chancellor of Scotland and therefore in the way of getting pickings at Court. He was not interested in Gelstoun but the curatorship was worth something, so he secured it and made a profit by passing it on to Bomby and McCulloch. So, when the natural idiot died, Angus at once repeated the manoeuvre and secured the ward of the lands which he promptly assigned to Ninian McCulloch of Cardiness486. As an investment it was unrivalled as Angus received the gift from the Crown gratis. The marriage of the heir of Gelstoun, on the other hand, was gifted to John Dunbar of Mochrum, also gratis487. The farming out of feudal casualties by the Crown is well exemplified in this case of Gelstoun. We do not know what Angus paid the Crown for the idiots curatorship but, when he transferred it to Cardiness and Bomby, James McCulloch of Cardiness alone, undertook to pay Angus no less than 1300 rnerks488. An idiots estate was easy milking. In the winding up of this Gelston connection, Ninian McCulloch found himself involved in litigation with John Gordon of Lochinvar over a

Exchequer Rolls XI 601. Acta Dominorum Concilii XIII 63. 483 Acta Dominorum Concilii XV 78. 484 Registrum Secreti Sigilli I 600. 485 Acta Dominorum Concilii 1496/1501. 280. 308. 486 Registrum Secreti Sigilli I 601. 603. 487 Registrum Secreti Sigilli 779. 488 Acta Dominorum Concilii XVII 213.
481 482

142

134 sum of 200 merks which he, Gordon, had paid, as the result of an a:rrangemont, to Ninians father, James489 and also with William McClellane, the idiots brother, for sums which were owing to James McCulloch at his death490. Ninian had also to settle his fathers deal with Angus. James McCulloch had undertaken to pay 1300 merks for the curatorship and Angus said he had not been paid, though Ninian asserted he had, and in full491. At the hearing the case was continued to allow Ninian to prove it. Thereupon he made a contract with the Earl whereby the latter withdrew his claim provided Ninian paid 200 merks down, and 100 more to follow, an arrangement accepted by the Court492. Ninian married Agnes Murray, probably a daughter of John Murray of Cokpule493 but failed to implement the marriage contract whereby he had to infeft her in the 20 merk land of Newtoun of Cardiness. So her father secured decreet against him on 10 March 1504/5494. For this Ninian, had to pay in fees to the Treasurer, for the Crown Charter, 26:13:4d495. Ninian was a Sheriff Depute of Wigtown in 1506496 . In 1508 he had to submit to the Kings Will for the infraction of two protections given to Elizabeth, his mother, relating to the terce of Cardiness, and was forced to compound with her for reiving from her 1500 sows, wedders, and young sheep, for taking rents which were by right due to her, and for breaking in her barn doors497 - hardly a very filial action!

Acta Dominorum Concilii XIII 101. Acta Dominorum Concilii 63 & XV 89. 491 Acta Dominorum Concilii XV 78. 492 Acta Dominorum Concilii XVII 213. 493 Scots Peerage I 223. 494 Registrum Magni Sigilli 1424/513. 2901. 495 Lord High Treasurer's Accounts III 18. 496 Acta Dominorum Concilii XVIII 272a. 497 Pitcairn I 52.
489 490

143

135 Ninians last appearance on record was on 18 November 1508 when, with his sureties, John Murray of Cokpule and Sir Alexander McCulloch of Myretoun, he was amerced in 200 merks for not compearing to answer the charge of tearing up the Kings letters498. He was dead by January 1508/9499 leaving his executor, Sir Alexander McCulloch of Myretoun, to complete all his unfinished litigations relating to Gelstoun. He was survived by his wile, Agnes Murray, who married, secondly, James Kennedy of Blairquhane. She survived her second husband and died about 1560 500. In March 15 18/ 19, with her second husband, she sued her first husbands executor, Sir Alexander McCulloch, for wrongful occupation of her terce lands of Bagbie for the previous 7 years501. By Agnes Murray, Ninian McCulloch had apparently the following issue :1. 2. 3. 4. Thomas McCulloch of Cardiness, of whom hereafter. Alexander McCulloch of Cardiness, of whom hereafter. Janet McCulloch, who was a party to a litigation in 1555502. Elizabeth McCulloch, who was dead by 1555. She had a son, John Murray503.

THOMAS McCULLOCH OF CARDINESS

Thomas McCulloch was a minor at his fathers death and his ward and marriage were gifted by the Crown to Sir Alexander McCulloch of Myretoun504. Very little is known about this member of the family

Pitcairn 53. Acta Dominorum Concilii XX 47. 500 Scots Peerage I 223. 501 Acta Dominorum Concilii XXXII 148. 502 Acts and Decreets XIII 392. 503 Acts and Decreets XIII 392. 504 Registrum Secreti Sigilli I 1870/71.
498 499

144

136 for he was only laird for seven years. Indeed, he died before attaining majority. On his death, the Crown at once claimed his ward and non-entry, which was contested by Sir Alexander McCulloch, as his curator, on the grounds that at death he was still a minor and had never entered into his lands 505. From the Exchequer Rolls it seems that the Lords of Council must have upheld Sir Alexanders contention, for, when Thomas successor was infeft, it was stated that the lands had been In the hands of the Crown for 20 years since the death of Ninian506. In 1509, Sir Alexander McCulloch, as tutor, reached a settlement of the long-fought Gelstoun dispute. John, eldest son of Alexander McClellane, the natural idiot, was succeeded by his next brother, Patrick McClellane, who, at first, sought a settlement by violent methods and seized the house and tower of Cardiness. In the light of the report quoted above and the undoubted strength of the castle, this must have been no small feat of arms, unless, as is not unlikely, the infant Thomas and his mother failed to organise its defence properly. It seems to have brought matters to a head. The main point of the settlement was that Sir Alexander, as Thomas tutor, discharged Patrick of all actions against him for the taking of Cardiness and undertook to assist Patrick to secure his own heritage. In return Patrick was to pay 200 merks by infefting Sir Alexander in the lands of Kerintra in the barony of Mochrum, under reversion507. Thomas was dead by 1516. Although there is no record of his

Acta Dominorum Concilii XXVII 225. 228. 230. Exchequer Rolls XV 671. 507 Acta Dominorum Concilii XXI 165.
505 506

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137 having married he is known to have had a son and heir, Alexander, the gift of whose marriage was granted to Sir Alexander McCulloch508 who paid no less than 533:6:8d. for the gift. This record goes on to describe Alexander as a grandson of Ninian. But, the fact that Thomas died a minor and that in a record of 1539/40 Alexander is stated to have been a son of Agnes Murray (Thomass mother) would seem to cast some doubt on the accuracy of this statement. In this record, Alexander is stated to have had from his mother, an assedation of her terce and conjunct fee in the lands of Cardiness. This assedation is stated to have been recorded in the Books of the Commissary of Kirkcudbright when it was required to be produced as evidence by the Bishop of Galloway509.

ALEXANDER McCULLOCH CF CARDINESS

Alexander McCulloch, whether he was a son or a brother of Thomas, may not have come of age much before 6 November 1528, at which date sasine was given to him in Cardiness, Kirkmabrick and Auchinflour described, in all, as a 135 merk land, twenty years previously, which had been in the hands of the Crown since the death of Ninian510. During that time the fermes amounted to a huge sum of 4600, for which sum the Stewart of Kirkcudbright gave discharge before infefting Alexander. In 1530 he had to pay a fine imposed upon him in a Court of Justiciary held at Kirkcudbright511. In February 1531/ 32 Alexander McCulloch was in trouble for

Registrum Secreti Sigilli I 2790. Acta Dominorum Concilii XII 2. 510 Exchequer Rolls XV 671. 511 Lord High Treasurer's Accounts 352.
508 509

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138 despoiling Schir Adam Smeyrles, Vicar of Rutherglen, of some farm stock on the lands of Carnra in the Stewartry512. This was the begining of a long series of violent efforts to impose his own will on others, which brought him into the courts of law. In March 1538 he was sued by Margaret Crichton, spouse to James Gordon of Lochinvar, for laying waste and chasing off her stock from the 2 merk land of Glencapinoch513. In the following February he was pursued by the Kings Advocate for a debt to the Crown of 100, as recorded in the Exchequer Rolls, due since July 1513 514. The following month saw him in court again, this time on account of the teinds and fruits of the Kirk of Anwoth. These belonged to the Commendator of St. Marys Isle, who had let them in tack to Alexander for 50 yearly. Alexanders lands, having been escheated for certain unspecified crimes, were gifted by the Crown to James Gordon of Lochinvar. Gordon had arrested all the teinds with the plea between him and Alexander should be decided, so that the Commendator was without his 50 of rent. The Court ordered Gordon to pay the 50 to the Commerdator and decerned the tenants to pay their teinds to Gordon under his Crown Letter of Gift.515 Gordon seized the opportunity of squeezing Alexander McCulloch unduly under his gift of escheat by maliciously putting him to the horn after taking up not only the teincls of the kirk but also all his stock and escheated goods516. Alexander McCulloch must have been married in about 1528 when he resigned the 10 merk land of Mains of Bordland of Cardiness and the 5 merk land of Ardwall for conjunct infeftment of himself and his wife,

Acta Dominorum Concilii XLIII 171a 182. Acta Dominorum Concilii et Sessionis XII 108. 514 Acta Dominorum Concilii et Sessionis XII 27. 515 Acta Dominorum Concilii et Sessionis XII 108. 516 Acta Dominorum Concilii et Sessionis XII 205 & XIII 28.
512 513

147

139 Elizabeth McClellane, who was the sister of William McClellane, Tutor of Bomby517. The following year he was guilty of a flagrant attack on one, Henry Cairns, son of Alexander Cairns, whom he seriously wounded within the actual sanctuary of Anwoth Kirk. A local assize acquitted Alexander of this offence but it was so flagrant that the Justice Ayre reviewed the decision, placed the erring assize on trial and placed Alexander in ward under the charge of the Captain of Edinburgh Castle518. His estate was escheated and granted to James Gordon of Lochinvar for 500519. In 1537 he received Letters of Regress to his lands, probably in connection with his escheat520. In 1539 Alexander received a Crown Remission for remaining at home from the Kings Host at Wark. Fighting, indeed, does not appear to have been a pastime to which he was much inclined. On the death of Henry VIII, the Duke of Somerset, maternal uncle of the young King Edward, was chosen Lord Protector of England, and decided to force a marriage between his nephew and the young Mary, Queen of Scots. For this purpose, he invaded Scotland and, advancing up the east coast, inflicted a severe defeat on the Scots at Pinkie in 1547. At the same time, by way of a diversion, and to prevent further aid coming to the main army from the west, Lord Wharton, supported by the Earl of Lennox, entered Scotland by the West Marches, and after various delays, took the town of Dumfries, and sent forward patrols as far as Kirkcudbright. The inhabitants of Galloway, strangely chicken hearted, were according to Buchanan

Wigtownshire Charters (Reid) 242. Pitcairn I 218/9. 519 Registrum Secreti Sigilli II 2967. 520 Registrum Secreti Sigilli 2416.
517 518

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140 filled with such terror that they vied with each other who should be the first to adhere to the English Government and so secure the friendship of the Earl of Lennox. They included the knights of Lochinvar and Garleis, the Tutor of Bornbie, and the Laird of Cardiness521. His various litigations and sundry acts of thieving, wounding, and destruction522 proving an expensive form of self indulgence, Alexander found it necessary to wadset part of his estates. He had already disponed part of them to a burgess of Kirkcudbright. In 1534 he sold to John Bell and Helen Mabane spouses, half of the 12 merk land of Meikill Kirkbryde in Anwoth parish, and Little Kirkbryde in Kirkmabrick parish, with the lands of Bagby, Bardarroch, and Over Ardwall, in warrandice 523. Bardarroch and Over Ardwall were tenanted respectively by James McCulloch and Dom. James McCulloch. The price of the lands is not stated. This was followed by other similar transactions. In 1537 he parted with the 6 merk lands of Bagbie and the 4 merk lands of Kirkmabrick, subject to redemption, to Richard Broun of Carsluith524 525. Alexanders death must have occurred about 1548 for by 1559 his lands had been in ward for 11 years526. Only the names of two sons have survived:1.
2.

Thomas McCulloch of Cardiness of whom hereafter Alexander McCulloch, a witness in 1567527.

Nicolson I 466. Nicolson I 446. 523 Registrum Magni Sigilli 1513/1546. 1387. 524 Registrum Magni Sigilli 1737. 525 Acta Dominorum Concilii et Sessionis IX 86. 526 Exchequer Rolls XV 446. 527 Registrum Magni Sigilli 1546/1580. 2546.
521 522

149

141

THOMAS McCULLOCH OF CARDINESS

Thomas McCulloch was a minor at his succession and his curators were Thomas McClellane, Tutor of Bombie, Gothray McCulloch of Ardwell, James McCulloch of Lekmullen, and Agnes Murray, Lady Blairquhane528. He must have come of age about 1559 when he was infeft in his estates on payment of 2299 due to the Crown for the ward. The lands are described as a 104 merk land, a reduction from the 135 merk land of 1528 529. During his minority the estate must have been further impoverished for his ward, relief and marriage was granted by the Crown in 1546 to William McClellane of Nuntoun, who paid 550 for it 530. In 1566 he was a witness to a charter by the Bishop of Galloway 531 532. The following year, with other local notables, he was ordered to appear in Edinburgh and advise the Crown on the maintenance of order533. At first, Thomas had supported the party of Queen Mary and had subscribed the bond in her favour with Lords Huntley and Hereis, but, in 1567, he saw fit to renounce that bond and acknowledge the lawful coronation of the youthful James VI534. In 1567 Thomas commenced to part with or burden some of his lands. To Francis Linton, burgess of Edinburgh, he alienated, probably under reversion, a merk land called Auldland535, and in 1569 he sold to James Gordon of Barnbarroch 5 merks worth of the 20 merk land of Newtown of Cardiness536. These alienations had been made without

Acts and Decreets 1555 XII 392. Exchequer Rolls XV 446. 530 Lord High Treasurer's Accounts IX 7. 531 Laing Charters 801. 805. 532 Registrum Magni Sigilli 1546/80. 1743. 533 Register of the Privy Council I 570. 534 Register of the Privy Council I 580. 535 Registrum Magni Sigilli 1546/1580. 2546. 536 Registrum Magni Sigilli 1546/1580. 2745.
528 529

150

142 licence from the Crown. Thomas held his lands direct from the Crown by ward and relief and one of the terms of that service was that the licence of the superiors was required before material modification was made in the amount of the holding. This was a feudal casualty which had always been a part of the feudal law in Scotland, though rarely enforced. But since the beginning of the 16th century this casualty had been revived and actively enforced by the Crown as a useful means of securing increased revenue. Accordingly, no sooner had Thomas McCulloch died, than the Crown granted the barony of Cardiness to Thomas Kennedy of Barganny, on the ground that it had been materially modified without licence. The regress of the heir to the estate could then only be accomplished by a Crown favour or payment of a fine into an ever needy Exchequer537. Thomas McCulloch died about the year 1570, having married in 1561538 Katharine, daughter of James Gordon of Lochinvar539, and sister of Sir John Gordon of Lochinvar, Ordinary Carver to the King of France540, by whom he had an only daughter.

MARIE McCULLOCH OF CARDINESS

Marie McCulloch was infeft in the estate on 27 December 1582 on payment to the Crown of 1932 for the fermes of the previous 11 years during her non-entry. Cardiness was now described as an 84 merk land, Two years later, on payment of a further 270, Marie was

Registrum Magni Sigilli 1546. 1580. 2004. Register Deeds IV 217. 539 Scots Peerage V 110. 540 Deeds. New Index 6 Apr 1576.
537 538

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143 infeft in Auchinflour, a 10 merk land541: so the estate was now a 94 merk land. Indeed, it is scarcely surprising that it should shew diminution for few other estates can have been called on to meet so heavy a toll of feudal casualties. Between 1508 and 1580 the lands had been in the hands of the Crown for no less than 42 years, and the fermes thereof, representing 9101, during that period, had been diverted to Crown uses. For the earlier part of that 42 years the Crown had farmed out the Cardiness fermes to others, who, to make a profit, must have depleted the resources of the estate by at least an amount equal to what the Crown later on drew from it. So Marie McCulloch, though a territorial heiress, possessed an estate which must have been heavily encumbered. She married, about 1584, as his second wife, William McCulloch of Myretoun, in whose favour the Crown annulled the infeftment of Thomas Kennedy of Barganny in the Barony of Cardiness542. The amount of composition paid has not been traced. Marie was dead by 1616543 and thereafter the family of Cardiness became merged in the family of Myretoun, which is dealt with at length elsewhere. But inasmuch as the estate of Cardiness was to be the main cause of the downfall of the Myretoun and other families of McCulloch, Involving the tragic end of the second and last baronet of Myretoun, a short account of the subsequent history of Cardiness is most fittingly added here. To this end, an account of the family of Gordon of Cardiness follows.

Exchequer Rolls XXL 478.502. Registrum Magni Sigilli 1580/1592. 792. 543 Particular Register of Sasines Kirkcudbright 4 May 1618.
541 542

152

GORDON OF CARDINESS Arms Azure, a bend betwixt three boars heads couped, or.544

544

Nisbet I 319
153

144

THE FAMILY OF GORDON OF CARDINESS

THE following account is taken from one believed to have been written by Colonel William Maxwell of Cardoness, who was not only almost a contemporary of the later members of the Gordon family, but also, obviously, had access to the family papers and charters. That the account is very substantially accurate, is shewn by the fact that the greater part of it can be corroborated by original documents in the Ardwall Charter chest. The family of Gordon of Cardiness is said to have been an illegitimate branch of the family of Gordon of Lochinvar545. Its progenitor was WILLIAM GORDON of CULINDOCH who in the latter half of the 16th century, acquired a good deal of land in the parish of Anwoth and its neighbourhood, amounting in all to about 50 merks worth of land which included two tenements of houses in Kirkcudbright. He married about 1554, Marion Mure, lawful daughter of Torhousemuir, (later Cassencarie), and died on 30 June 1605. She survived him until 1612 and was buried in Anworth Kirkyard, where the epitaph on her tombstone reads Marioune Mure, Goodwife of Cullindach, Departed this life anno 1612. Walking with God in puritie of life In Christ I died and endit al my stryfe For in my sawle Christ heir did dwel by grace Now dwels my sawle in glorie of his face Thairfoir my bodie sal not heir rernaine Bot to ful glorie suirlie ryse againe. William Gordon and Marion Mure had issue:1. James Gordon of Culindoch, of whom hereafter. 2. John Gordon, who acquired from his father the lands of Drummoir and the houses in Kirkcudbright. He also acquired Killerne and Culindoch from his elder brother, James, in 1624.

545

McKerlie IV 288.

154

145 3. Margaret Gordon546 JAMES GORDON of CULINDOCH According to McKerlie547, James Gordon was a writer in Kirkcudbright. He married on 22 August 1586, Janet, daughter of Robert Forrester, Commissary of Kirkcudbright. They had a son:JOHN GORDON of OVER ARDWALL (afterwards of Cardiness) It was John Gordon who established the family fortune and he was evidently an astute and able man of business. When still a young man, he was appointed in 1609 by Sir Robert Gordon of Lochinvar to be factor to his silver mauls, duties and others, in Galloway. He was also, later, factor likewise to Dame Jean Campbell, widow of the first Viscount Kenmure, and John, her son, the 2nd Viscount. John Gordon was the friend and correspondent of the celebrated Samuel Rutherford, and his name headed the list of 188 signatories to an unsuccessful petition by the elders and parishioners of Anwoth to the Commissioners of the General Assembly in 1638, for Rutherford to be contined as minister of the parish. From the terms of Rutherfords letters to him, their editor, the Rev. Andrew Bonar, opines that he was a man of strong passions who had, in the earlier part of his life been led astray548. John Gordon continued the policy, instigated by his grandfather, William Gordon, of acquiring land in the neighbourhood. Gradually, by means of purchase and wadset, he became a very substantial landowner. 1610 he bought for 4000 merks from William McCulloch of Myretoun, and Marie McCulloch, his wife, the 5 merk land of Over Ardwall, and was, for a time, designed as of that place. At the same time he bought the lands of Campbelltown and the Corn Miln of Twynam, from Sir William McClellane of Auchlane. By 1628 he had virtually acquired the whole of the barony of Cardiness whose owners had fallen into sorry financial

McKerlie III 17. McKerlie V 278. 548 Rutherfords Letters (Bonar) 206.
546 547

155

146 straits (see page 31). At this point, on 12 July 1628, Alexander McCulloch of Myretoun, the son and heir of William and Marie McCulloch, wrote to him suggesting that he should buy the whole barony outright at 1000 per 100 merks of rent. John Gordon agreed to the proposal and the disposition his favour followed on 23 March 1629. He was, thereafter, designed as of Cardiness. He also acquired rights over the estate of Myretoun to the extent of 8000 merks which he sold to John McCulloch of Ardwell on 25 December 1627. John Gordon married, first, on 15 May 1611, Margaret, daughter of Sir Gilbert McClellane of Galtway, and Margaret McClellane, his wife, sister of Sir William McClellane of Auchlane and of Thomas McClellane of Balig, and daughter of Thomas McClellane of Auchlane, second son of McClellane of Bombie. Margaret is buried in Anwoth Kirkyard where her epitaph reads: Margrat Makclellane, Goodwife of Ardwel, Depairted this Life 2 Apprile 162-, aetatis sua 31. Dumbe sensles statue of some painted stones What meanes they boast thy captive is bot clay Thow gaines nothing bot some few lifles bones Hir choysest pairt hir soule triumphis for ay Then gazeng freindis do not hir death deplore Zow lose a while, sche gaines for ewermore. John Gordons second wife did not survive long and is buried beside her predecessor in Anwoth Kirkyard. Christen Makcaddam, Lady Cardynes, Depairted 16 Juni 1628 Aetatis suae 33. Ze gaizers on this trophee of a tombe Send out one grone for want of hir whois lyfe Twyse borne on earth and now is in earthis wombe Lived long a virgine now a spotless wife Church keepis hir godlie life this tombe hir corps And earth hir famous name Who then does lose hir husband no since heaven Hir saule does game. John Gordon died in 1640. By his first wife he had the following

156

147 1. John Gordon of Cardiness, of whom hereafter. 2. Robert Gordon, who, received the lands of Galtway from his father. They had been apprised by the latter from his father-in-law, Sir Gilbert McClellane, for 1800 merks, the portion of Margaret, his daughter, John Gordons first wife. Robert Gordon sold them to Gilbert McClellane, glover in Edinburgh, second son of Sir Gilbert. Robert also received from his father certain portions of the barony of Cardiness, which, with consent of his curators, William Gordon of Kirkconnell and John Gordon, younger, of Earlstoun, he sold to his brother, John in 1640. Robert went to France and was there murdered in 1644 by James Ferguson of Kilkerran. 3. Margaret Gordon, who married the Rev. Thomas Wyllie, Minister of Borgue, and, later, of Kirkcudbright, by whom she had:i. ii. Robert Wyllie, Minister of Hamiltoun. Ann Wyllie

4. Grissell Gordon, who died unmarried about 1684. 5. Janet Gordon, who married James McGhie of Airds and died without issue.

JOHN GORDON (ii) OF CARDINESS

John Gordons father, having rather overreached himself in the purchase of land, left debts to the extent of 38,322 merks. To cover this however, he owned the whole barony of Cardiness including Kirkland, Markhother, Mains of Cardiness, Over Ardwall, Kirkbryde, Whiteside, Drummuckloch, Glencapinoch, Bardarroch, St. Johns Croft, Newtoun, Bardristane, Auchinlarie, and its Mill. He also owned Killerne, Culindoch, and Drummoir. John Gordon, to meet this debt, as well as the price of the land he himself was purchasing, and the obligations in his marriage contract, not only sold his wifes extensive estates in Cunynghame in Ayrshire, but also

157

148 wadset some of his lands in the parish of Anwcth. These included Whiteside and Slaichts, to John Bell in Clauchreid; Archland and Drummoir to John Bell in Archland; Auchinlarie to Robert McCulloch of Kirkclaugh; and Bardristane to John McCulloch of Barholm, the latter wadset coming later into the possession of William McCulloch of Laigh, Ardwall. John Gordon himself purchased, shortly before his death, various lands including Milnemark, Lachintyre and Killiegowan. Like his father, he was the friend and correspondent of Samuel Rutherford, and, also like his father seems to have been a man of strong passions who appears to have been at times not only neglectful of religion, but to have freely indulged in the follies and vices of youth549. None the less, he was an active covenanter and the War Committee Minute Book contains the following entry: 3rd September 1640, Delyverit by the lady Cardyness in name of her husband, ane silver coupe, ane stak of ane faun, and sex silver spoones, weght xv unce xv dropes. In 1641 he marched into England with the Scots army in support of the Parliament, as a captain in Lord Kirkcudbrights Regiment under the command of Lieutenant Colonel William Stewart. In 1644, now promoted to Lieutenant Colonel, but under the same command, in the Galloway Regiment550, he again marched into England where his regiment was engaged at the capture of South Shields Fort and at the Siege of Newcastle551. He was killed at the Siege of Hereford in 1645.

Rutherfords Letters (Bonar) 206. Army of the Covenant I 32. 551 Army of the Covenant I 32.
549 550

158

149 John Gordon married on 23 July 1630, Marion, only child and heiress of John Peebles of Broomlands, and Barbara Jamisone, his wife, daughter of John Jamisone, merchant in Ayr. Marion was heiress of considerable landed estate in Ayrshire. Her disgraceful treatment at the hands of Sir Alexander McCulloch of Myretoun and his friends, and consequent death in 1666, has been related elsewhere (see page 253). By her, John Gordon had the following issue:1. 2. John Gordon (iii) of Cardiness, of whom hereafter. William Gordon of Cardiness, of whom hereafter.

3. Alexander Gordon, who received Over Ardwall as his portion of his fathers estate and appears to have resided there. He must be presumed, as will be seen later, to have died without issue before 1684, for his name is not included in the census of that year of the indwellers of the parish of Anwoth552.

JOHN GORDON (iii) OF CARDINESS

John Gordon was born in 1631 and, after his fathers death in 1645, was brought up, with his two brothers, at school and college, by his mother. Notwithstanding his youth he appears to have followed his fathers footsteps and been on service in England in 1647553. At his succession the estate was heavily burdened with an annuity of 602 to his mother, with the portions due to his brothers and with debts incurred by his father and grandfather still outstanding. None the less, particularly in view of a possible sale of the valuable timber of the estate, and of his wifes considerable expectations, he might have managed well

552 553

Register of the Privy Council 3rd Series IX 557. Ardwall Papers 34.
159

150 enough to have preserved his fortune for himself and his posterity had the English not then been Governors of the Nation, and had he not opposed their Government and Designs. It is known that, at the end of October 1647, he and a number of his neighbours, Gilbert Broun of Blackbie (sic for Bagbie), and his four sons, Gilbert Broun of Land, Thomas Corbet of Drummuckloch and his wife both then and later the wives of officers and soldiers expected to follow the drum as a regular course, and at Philiphaugh, the saintly Covenanters were guilty of wholesale butchery of the womenfolk following Montroses army - Robert Maxwell of Breoche, George Maxwell, his uncle, and Alexander Lennox of Calie, were at a place called Lowe Waltoun in Cumberland554. They may well have been members of the army of the Engagers on their way to Preston, and defeat by Oliver Cromwell in 1648. This antipathy to the Commonwealth forced him often to abscond, and not only did his affairs suffer thereby, but he also, apparently, had to pay a large fine. He was thus compelled to wadset some parts of his estate, including the lands of Milnemark, Lachintyre, and Markhorker to William McCulloch of Nether Ardwall. At his death in 1660, at the age of 29, John Gordons financial affairs were in a state of some disorder. He was also much harrassed by Alexander (afterwards Sir Alexander) McCulloch of Myretoun, who took advantage of his financial embarrassment make an attempt to acquire Cardiness. The story of this attempt, the quarrel between the Gordons and the McCullochs, and its tragic culmination in the murder of William Gordon by Sir Godfrey McCulloch, has been fully related elsewhere and it is unnecessary to repeat it here.

554

Ardwall Papers 34.

160

151 John Gordon married in 1656, Elizabeth, only child of Colonel William Stewart, 2nd son of Alexander Stewart of Clarie, and Elizabeth McClellane, his spouse, daughter of William McClellane of Senwick. Elizabeth was heiress apparent to the barony of Castle Stewart and a considerable fortune. By her, John Gordon had issue; 1. William Gordon (i) of Cardiness, who survived his father only a few years and died an infant. 2. John Gordon, who predeceased his father as an infant. 3. Elizabeth Gordon, of whom hereafter. 4. A daughter, who predeceased her father as an infant. WILLIAM GORDON (ii) OF CARDINESS. William Gordon received Newtoun as his portion of his fathers estate and was sometimes so designed. On the death of his elder brother, John, his heir, William Gordon, was an infant, and a competition ensued between William, the uncle, and Johns creditors, for the feudal casualties of the estate. The chief spokesman for the creditors was William McCulloch of Ardwall and an account of the dispute has been given in the history of that family (see page 250). It is sufficient to state that, after a keen struggle, the creditors were successful. Their success, however, was short lived, for the young heir did not survive long and Cardiness passed, not, as might have been supposed, to Elizabeth, John Gordons daughter, but, for some reason unexplained, to William Gordon, his brother. William was, at this time, living with his mother, Marion Peebles, at Bussabield555 and does not appear ever to have taken up residence at

555

Register of the Privy Council 3rd Series II 481.

161

152 Cardiness. In 1684 he was living at High Ardwall556. His brother Johns widow, Elizabeth Stewart, married for a second time, Alexander McGhie of Balmaghie557, and, no doubt, took her infant daughter, Elizabeth, there to live with her. Cardiness thus became unoccupied and, as far as can be ascertained, has remained so ever since. Most of the references to William Gordon concern his quarrel with the McCullochs as to the ownership of Cardiness which has already been dealt with in some detail (see page 250). It is only, therefore, necessary to repeat here that it culminated in his brutal murder at Bussabield in 1690 by Sir Godfrey McCulloch of Myretoun. He was never married.

ELIZABETH GORDON OF CARDINESS

It must be presumed that Alexander Gordon had predeceased his brother, William, without issue, for William was succeeded by his niece, Elizabeth, daughter of his elder brother, John Gordon (iii) of Cardiness. She married in 1676, the Honourable William Stewart, 4th and youngest son of James, 2nd Earl of Galloway. He was the founder of Newtown Stewart and was Member of Parliament for the Shire of Wigtown on several occasions. He was one of those who voted for the Union in 1707, being Influenced thereto, it is said, by a bribe of 300. He died about 1714 558, having bought Cardiness from the representatives of Sir Godfrey McCulloch in 1695, leaving issue:-

Register of the Privy Council 3rd Series IX. Ardwall Papers 276. 558 Transactions of the Dumfries and Galloway Natural History and Antiquarian Society XX 187.
556 557

162

153 1. William Stewart, who succeeded to Castle Stewart.

2. Nicolas Stewart, who succeeded to Cardiness. She married in 1696, William Maxwell, whose career is well known559. He was the only son of William Maxwell, Minister of Minnigaff, and was born in 1663, three weeks after the death of his father, who was a grandson of William Maxwell of Newland, second son of Sir Gavin Maxwell of Calderwood. He was educated in his earliest years under a very pious mother, who was a daughter of Murdoch of Cumloden, who took him subsequently to Glasgow, where he was educated at the High School and University. He chose to study medecine and removed, first, to Edinburgh, and then to Leyden. While he was there the glorious Revolution was taking place, and volunteering for service with the Prince of Orange, he was appointed an ensign in a Scotch regiment commanded by David Leslie, then Earl of Leven, and came over to England, where he served with much distinction and took part in the battles of the Boyne and Killiecrankie. His promotion was rapid, and, after some further service in Flanders, he reached the rank of Lieutenant colonel. In the year 1703 he was chosen member of the Scotch Parliament for the Stewartry where he opposed the Union and was, in consequence, deprived, temporarily, of his commission, by the Duke of Argyll. He retired to Galloway where he built the house of Bardarroch (now Cardoness), resided there much respected by his neighbours and friends, and set about restoring the prosperity of his wifes estate of Cardiness. He had probably amassed something of a fortune during his career and devoted this to settling the debt and redeeming the wadsets on the estate. For example, the wadset on Milnemark, Lachintyre, and Markhorker to William McCulloch of Ardwall was redeemed from the latters son, David McCulloch, in 1702560. Thereafter his only public appearance was in command of the whole militia of the south of Scotland in opposition to the Rebellion of 1715. For his services in the defence of Glasgow he was made a burgess and guild brother and presented with a handsome service of plate. He died in 1752 at the age of 89 and was survived by his widow, who died in 1766. He had a large family and is the ancestor of the present owners of Cardoness.

559 560

Reid One of King Williams Men. Ardwall Papers 422.

163

154 It only remains to add that the old Castle of Cardiness, with other lands, was sold in 1766 by the Colonels grandson, David Maxwell of Cardoness, to James Murray of Broughtoun and Cally. In 1904, however, it was restored to the descendants of its previous owners when it was purchased by Sir William Maxwell of Cardoness from Colonel James William Murray Baillie of Broughtoun and Cally. It has now, within recent years, been handed over to the Ancient Monuments Commission whose successful efforts, first, at restoration, and now at maintenance, of the old castle, are worthy of the warmest praise.

164

McCULLOCH OF BARHOLM Arms: Ermine a fret engrailed gules and on an escutcheon on surtout azure three wolves heads erased argent. Crest: A hand throwing a dart proper. Motto: Vi et animo Supporters: Two men in armour each holding a spear in his hand all proper.561

561

Lyon Register II 112, John McCulloch of Barholm.

165

155

THE FAMILY OF McCULLOCH OF BARHOLM

THE account of this branch of the family must, unfortunately, remain incomplete. For reasons best known to themselves, successive representatives of the branch have firmly and repeatedly refused to allow the family documents and papers to be examined. It is believed, and from what is known of the history of the family, the belief seems well founded, that Barholm, prior to its recent demolition, contained a very large number of papers concerning not only the history of this, but also of many other Galloway families which could well be of great local antiquarian interest.

DAVID McCULLOCH of BARHOLM

The family of McCulloch of Barholm is descended from that of Cardiness. Its progenitor was David McCulloch, younger son of James McCulloch of Cardiness, who, in 1494, received from his father the 5 merk land of Lacovollene562. This property lies in the parish of Anwoth and was later known as Lakynmullin, alias Mylne Isle. In 1506/7 David McCulloch received a Crown Charter of the 7 merk land of Gaitgil-Mundwell, called Conquhietoun, in the parish of Borgue, resigned by Patrick Mure of Coitland563. The lands were held of the Crown by ward and relief and David had to pay 14 for the charter564. In the books of the Lord High Treasurer he is described as of Kilmuler. In 1516 he wished to wadset Conquhietoun as he owed money to various creditors, but as he held by the military tenure of ward and relief, he had to seek Crown licence: for this he paid the modest sum of 10/-.565

Registrum Magni Sigilli 1513. 229. Registrum Magni Sigilli 3049. 564 Lord High Treasurer's Accounts III 232. 565 Registrum Magni Sigilli 1424/1513. 2295.
562 563

166

156 In 1534 he was sued by Margaret McKie and Archibald Mure, her son for certain teinds which he held in assedation, but he won his case566. But Margaret was not satisfied with this decision and in the following year reopened the matter. By now she was married again to Patrick Murray and resided at ye ferry of Cree. This time she was successful and had the previous judgement reversed567. In 1536 David was a witness to a Gelstoun sasine568 and, in the same year, described as of Barholm he was mentioned in Crown Letters of Protection to the friends and followers of James Gordon of Lochinvar, who was passing overseas in the service of the Crown. It is not known when or how he acquired Barholm but as that property lay in the barony of Cardiness he must almost certainly have received it from his father. Indeed, he is described as of Barholm in March 1518/19 in an action for wrongful occupation of the terce lands of Bagbie569. He is stated, in the retour of his great great grandson, Thomas McCulloch, to have died in July 1540570, but this is incorrect as he was alive in August 1541571. He married, first, Margaret Menzies, who is mentioned in the Lacovollene charter of 1494: and, secondly, a lady named Elizabeth, whose surname has not survived. He appears to have had the following issue. It should be observed and emphasised here, however, that at this, and, indeed, other stages of the family history, the evidence is conflicting and it is impossible to reach a definite conclusion until access to the family records and papers is possible and a number of doubtful points can be cleared up

Acta Dominorum Concilii et Sessionis V 203a. Acta Dominorum Concilii et Sessionis VII 6. 568 Laing Charters 408. 569 Acta Dominorum Concilii XXIII 148. 570 Kirkcudbright Retours 29 July 1603. 571 Registrum Magni Sigilli 1513/46. 2514.
566 567

167

157 1. James McCulloch of Bardristane, of whom hereafter. a. John McCulloch, who first appears in 1516 in an interesting dispute with Sir Robert Gordon of Glen, afterwards of Lochinvar, who, as a younger son, was acquiring rapidly and by unprincipled means, as much landed property as he could lay hands on. Walter Porter of Blacat, now Blaiket, in the parish of Urr, died leaving a daughter, Janet Porter, as his heiress, whose marriage had been granted to her half brother, Alexander Porter, by a gift of the Crown. Alexander assigned this gift to John McCulloch, who thereupon married her with her own consent. Sir Robert Gordon seems to have thought that he had some claim to this gift of marriage. The appropriation of an eligible heiress was always worth the effort if one was without scruples, whether by fair means or foul. So Sir Robert brought a charge against John McCulloch to deliver up Janet, alleging that both John, and his father, David, had ravished the lady. John was represented by John Menzies, probably some relative of his mother, but Gordon failed to appear. His horning against John McCulloch was suspended till he produced it in court. That was on 21 January: the next notice of the affair occurs on 12 December. In the interval Sir Robert Gordon had sought to achieve his ends by violent methods. He kidnapped Janet, confining her in his place of Rusco, not allowing her to speak to her husband or friends, and bringing unlawful pressure to bear on her to dispone her heritage to him by circumvention or compulsion. John McCulloch, of course, appealed to the Lords of Council, who ordered Sir Robert, who again did not appear, to deliver up Janet and to answer all charges against him 572. The ultimate fate of Janet is unknown. If she really had married John McCulloch she was dead by 1541 for, in August of that year, David McCulloch of Lacovollane, by charter, at Barholm, granted the 7 merk land of Conquhietoun to John McCulloch and Isobel Cairnis, spouses 573. Isobel was the daughter of William Cairnis of Orchardtoun. 3. Alexander McCulloch, who was in occupation of the 5 merk land of Ardwall in the barony of Cardiness in 1536574. Alexander, in Ardwall, presumably the same person, was a witness to the marriage contract between Thomas McCulloch of Cardineis,

Acta Dominorum Concilii XXVIII 65. Registrum Magni Sigilli 1513/46. 2514. 574 Registrum Magni Sigilli 1608.
572 573

168

158 and Katherene Gordoun, sister of John Gordoun of Lochinvar in 1561575. He may have been the father of William McCulloch in (later of) Ardwall, who was the ancestor of that branch of the family. Alexander appears to have been still alive in 1580576.

JAMES McCULLOCH OF BARDRISTANE

James McCulloch married Margaret Gordoun and, with her, was infeft in 1522, as son and heir apparent of David McCulloch, in the 3 merk land of Bardristane577. In 1545/6 he had sasine of Lacovollane, here called Laikomollyne578. He appears to have died in 1562579 with issue:1. John McCulloch (i) of Barholm, of whom hereafter.

2. Patrick McCulloch, in Hinton, who was mentioned in the testament of his nephew, James McCulloch of Barholm. He had a son, Patrick, who was dead by 1597 580. In 1620, John McCulloch, perhaps his grandson, was infeft in Hinton: and in 1630 Thomas McCulloch of Hinton witnessed a Barholm charter581.

JOHN McCULLOCH (i) of BARHOLM

John McCulloch is stated by McKerlie to have been the first of the family to be designed of Barholm, over which, since 1472, the McClellanes of Gelstoun had possessed some wadset rights. But it has been shewn above that his grandfather, David, was described as of Barholm. The McClellane wadset was redeemed in 1563 and John McCulloch received a charter of Barholm in that year from his superior and kinsman, Thomas McCulloch of Cardiness582. Two years later, he received a charter from the same source of the lands of Clachreid583.

Register Deeds IV 217. Acts and Decreets LXXX 261. 577 McKerlie III 57, IV 249, 260. 578 Exchequer Rolls XVIII 382. 579 Exchequer Rolls XIX 505. 580 Edinburgh Testaments XLI 313. 581 General Register of Sasines XXVIII 312a. 582 McKerlie IV 260. 583 McKerlie IV 260.
575 576

169

159 On 10 February 1562/3 the Sheriff, in his accounts, answered for 15 of the fermes of the 5 merk land of Laikinmollin, which had been in the hands of the Crown for one year, that is, from the death of James, Johns father, sasine being given to John584. According to the retour of his grandson, John McCulloch died in August 1571. John Knox is traditionally supposed, when he found times too dangerous for him in Edinburgh after the murder of Rizzio, to have fled, first, to Ayrshire, and then to Galloway, where he sought safety in Barholm Castle about 1566585. The New Statistical Account of 1845586 confirms this on the authority of John McCulloch (vi) of Barholm, who had learned from an old man, Andrew Hughan, who was running footman to his great great grandfather, that is, John McCulloch (iii) of Barholm, that he recollected John Knoxs signature on the wall of the small arched apartment or bedroom at the head of the staircase. The family of Barholm are said to have been zealous supporters of the principles of the Reformation. The name of John McCullochs wife has not survived. He had issue:1. James McCulloch of Barholm, of whom hereafter.

2. John McCulloch, burgess of Kirkcudbright, may have been another son, for in 1607, he and the widow of James signed Letters of Slams as nearest of kin to James. He too, was slain, though not without putting up a very good fight. In November 1613 he was killed upon the lands of Kirkhous, within a quarter of a mile of Kirkcudbright, by John Maxwell in Dumfries, called Achilles John, and by the deceased John Maxwell, natural son of the late William Maxwell of Auchinlarie. On 4 February 1616, Achilles Maxwell was before the Court of Justiciary, pursued by Thomas McCulloch of Barholm. It was stated that John McCullochs body

Exchequer Rolls XIX 505. Galloway and the Covenanters 459. 586 New Statistical Account 328.
584 585

170

160 was a mass of wounds, two deadly strokes on the head, fifteen bloody wounds in the breast and belly, and other fifteen on back and sides. Both the Minister and Commissary of Kirkcudbright gave evidence, the former to finding two dead men, the other, perhaps, being the bastard son of Auchinlane, and the latter to taking instructions that day from the accused anent his testament. The accused man put forward an alibi that he was a hundred miles away at the Place of Teilling in Angus, but the Court accepted the evidence of the Commissary and Achilles was duly hanged587.

JAMES McCULLOCH OF BARHOLM

James McCulloch, at his succession, was a minor, and James Lidderdail received the gift of ward and non-entry of Mylne Isle (Lacovollane)588, as well as the marriage of James589. On 8 November 1575 he was served heir to his father in the lands of Laikenmullen 590. In 1578 he gave a charter of these lands to John Halliday in Glen591. But his ownership of Barholm was brief. On 17 April 1579 he was slain by John Broun of Carsluith and John Bek in Kirkbryde. His widow, Elizabeth Kirkpatrick, his bairns and kinsmen, raised Letters against Carsluith, who found Lard Maxwell as surety that he would underly the law, that is, stand their trial, for the crime. But Carsluith went into hiding and Maxwell was amerced 40 for not producing him592. It is possible that Carsluith may not have been the real culprit, for on 14 February 1607, Bek was dilated at the instance of Thomas McCulloch of Barholm for the slaughter. Bek produced a Remission under the Great Seal and a Letter of Slams signed by Elizabeth Kirkpatrick, now spouse of Henry McCulloch, the said Thomas, and John McCulloch, burgess of

Pitcairn III 328. Culvennan Manuscripts. 589 Acts and Decreets LIX 5 March 1574. 590 Kirkcudbright Retours. 591 Registrum Magni Sigilli 1546/80. 2830. 592 Pitcairn I 81.
587 588

171

161 Kirkcudbright, as next of kin593. The testament dative of James McCulloch was confirmed on 2 June 1580. It contains no mention of his widow and was given up by his uncle, Patrick McCulloch in Henton on behalf of Janet McCulloch, only lawful bairn and executive to the defunct.594 It seems, however, that there must have been other issue for the next owner of Barholm was Thomas McCulloch. The issue of James McCulloch by his wife, Elizabeth Kirkpatrick, were thus:1. Thomas McCulloch of Barholm, of whom hereafter.

2. Janet McCulloch mentioned above (see page 90), who married Ninian McCulloch of Dunbreddan.

THOMAS McCULLOCH of BARHOLM

Thomas McCulloch must have been a posthumous child. On 12 March 1601, presumably when he came of age, he was served keir to his father, James McCulloch, in the 3 merk land of Bardristane, and on 29 July 1603, to his great great grandfather, David McCulloch of Lakinmullin, in the lands of Conquhietoun, which had been in the hands of the Crown in non-entry for 63 years, that is, since the death of David595. Thomas figures but little in the records. In 1604 he sold Gaitgil Mundell, alias Conquhietoun, to William McClellane of Gelstoun and his wife, Margaret McClellane 596. In 1607 he was surety that Thomas McCulloch of Nether Ardwall would not harm his mother, Margaret Mure, and would pay 10 for his escheat597. On 20 March 1628 he was one of the assize which served Sir John Gordon of Lochinvar as heir to his father,

Pitcairn II 523. Edinburgh Testaments. 595 Kirkcudbright Retours. 596 Registrum Magni Sigilli 14 March 1605. 597 Register of the Privy Council VII 665.
593 594

172

162 Sir Robert598. He married Mary McKie of unknown family, but there was a nearby family of that name, represented by Alexander McKie of Broach599 who held a wadset of 1000 merks on a part of Barholm600. McKerlie suggests that Thomas McCulloch was dead by 1636, but the Culvennan Manuscript asserts that he died in 1663 which is clearly incorrect601. He certainly seems to have been alive in 1642 when the Privy Council authorised the Presbytery of Edinburgh to receive a petition from Thomas McCulloch, sometime of Barholm anent relief from a collection for those who had had to fly out of Ireland602. Over this period of the history of the family a mist of uncertainty descends and it becomes very difficult, in the absence of access to the family records, to write a connected account. The family participation in the Covenanting movement ruined the estate and plunged the family into obscurity. Not till after the Revolution of 1689/90 does it emerge once more and a coherent account again become possible. Thomas McCulloch appears to have had two sons 1.
2.

John McCulluch (ii) of Barholm, of whom hereafter. Robert McCulloch of Kirkclaugh (see page 198). The Culvennan MS states that Robert was the ancestor of the Kirkclaugh family. It should be observed, however, that Thomas, his father, was born not earlier than 1579 and he himself acquired Kirkclaugh in 1617, that is, only 38 years later. Either, therefore, Thomas must have been married, or Robert must have acquired Kirkclaugh, at a remarkably early age, or both. In the absence of better evidence the statement may be accepted, but with reserve.

Culvennan Manuscripts. General Register of Sasines XXVIII 304. 600 General Register of Sasines XXXI 27. 601 Ardwall Papers 191. 602 Register of the Privy Council 2nd Series VII 227.
598 599

173

163 JOHN McCULLOCH (i) of BARHOLM John McCulloch, the Covenanter, is described as a Major and McKerlie suggests that this was his rank in the rebel force at Pentland. It is known that the rebels were divided into companies commanded by Captains, who possessed no military skill or experience, but they were nowhere given that rank in any official document. Gordon of Knockbrex is believed to have been Captain of Borgue: he and John McCulloch were indicted and executed together. In both the indictment and warrant of execution Gordon is merely given his territorial designation, but McCulloch described as a Major. Only three other rebels, all known to have had military experience, are given any rank Colonel Wallace, Major Learmont, and Captain Arnot. It therefore seems probable that John McCulloch had served abroad in the continental wars, and, at the time of the rising, had been in retirement at Barholm, for, in 1666 he is described by Woodrow as a much respected and reverend old gentleman603. John McCulloch is definitely described as eldest son of Thomas604. In 1630 he was infeft by his father in the fee of the 5 lands of Barholm, with their fuller mill, and the 3 merk lands of Bardristane. This enabled him to wadset these lands to John McDowell in Pubill 605. McDowell further took over from Alexander McKie of Broach another wadset for 1000 merks in which McDowell, is described as late in Pubill now in Barholm606. For the next 40 years John McDowell, described either as of Barholm or in Barholm is inextricably associated with all that is known of the McCullochs of Barholm.

History Galloway (Symson) (1841) II 169. General Register of Sasines XXX 47a. 605 General Register of Sasines XXVIII 304 & XXX 37a. 606 General Register of Sasines XXXI 27.
603 604

174

164 John McCulloch was an active covenanter, In 1660 he was one of those fined by Middletons Parliament for the relief of the Kings good subjects who had suffered in the late troubles; 800 Scots being the fine imposed on him607. In September 1666 he joined in the rising that captured Sir James Turner in his lodgings in Dumfries. The rebels went on to Ayr, where they seized some arms, and were joined by many others. On 26 November they arrived at Lanark, where they renewed the Covenant, and were defeated on the Pentlands at Rullion Green on 28 November. Major John McCulloch and Captain Andrew Arnot, with many others, including John Gordon of Knockbrex and his brother, were captured and subsequently indicted in the Justiciary Court at Edinburgh on 4 December. McCulloch, who had joined the rebels at Ayr, was condemned to death and hanged at the Mercat Cross of Edinburgh on 7 December. His head and right arm were decerned to be cut off and disposed as the Privy Council thought fit 608. Amongst the Burgh records of Kirkcudbright is the grisly ordinance of the Privy Council dated 6 December, that the heads of Major McCulloch, Gordon of Knockbrex, and his brother, be cut off and erected at Kirkcudbright... the corpses to be buried where traitors are usually buried609. But his corpse was spared that final indignity. On the evening of the execution he was laid to rest in the Greyfriars Kirkyard, Edinburgh where his epitaph reads Major John McKoolo, west countryman, executed610. An account of John McCullochs trial is given in Justiciary Records, Vol I xxvii etc. & 159 etc. This took place on 5th December 1666 when he and nine others including Captain Andrew Arnott, John Gordon of Knockbreck,

History Galloway II 124. Justiciary Records (Scot. Hist. Soc.) II 159. 609 Calendar Kirkcudbright Records. 610 Greyfriars Burial Register.
607 608

175

165 and his brother, Robert Gordon, were unsuccessfully defended by Sir George Lockhart, Sir George McKenzie, and three other counsel, Messrs William Maxwell, William Hamilton, and Robert Dicksone. As there could be little doubt about the facts, their whole forensic strength was expended in an ingenious, but of course perfectly hopeless, attempt to break down the relevancy of the indictment. The first objection was to the mode of citation of the accused, or rather to the absence of due citation by herald, pursuivant, or macer, as required in cases of treason. If the arguments pro and con were not clearer than they appear in this report, it may well be doubted whether the bench understood them, but its duty was clear enough. No allegiance proponed for the pannels could be sustained. The second ground of defence was of greater importance, and called forth greater and more learned contendings upon both sides. It arose upon the alleged fact. It was said that the rebels, who had been modelled upon the system of an army, had been dealt with as such by the Kings general, and offered quarter when they laid down their arms. Such quarter offered and accepted formed a bar to these subsequent proceedings. Much reference to Grotius and other learned writers followed. Crown counsel indignantly repudiated the idea of treating this miserable rising as constituting a state of bellum, to which the laws relating to quarter could apply. They denied the power of the general to grant quarter; all that he offered or could give was protection from immediate slaughter on the spot. Further, it was contended that the averments relating to this offer of quarter were too vague. The preliminaries having been got over, the trial itself was but a short affair, as the accused were convicted entirely upon their own confessions already taken before members of the Privy

176

166 Council and now adhered to. As has been seen, sentence was carried out the following day. Major John McCulloch married an unidentified lady named Margaret McCulloch, who may have been connected with the family of Inshanks, later of Muill. He had issue:1. 2. Henry McCulloch of Barholm, of whom hereafter. William McCulloch, who, as a brother german of Henry, witnessed a bond on 9 May 1671611.

HENRY McCULLOCH of BARHOLM

Henry McCulloch succeeded to an estate which must have been almost bankrupt. He was never served heir nor infeft. In January 1663 he was sued by two of the daughters and heirs portioners of John McDowell in Barholm, who, by this time, was dead. Major John McCulloch had made a disposition of the 5 lands of Barholm for 4000 merks to John McDowell on wadset, a part of the sum being contributed by his two daughters. After McDowells death, Henry McCulloch persuaded these daughters, Mary and Isabel McDowell, to transfer the disposition to himself and his mother, Margaret McCulloch. Mary and Isabel, finding themselves wronged in the alienation, revoked it with the consent of their curators, as they were minors612. In 1668 Henry was involved in the proceedings taken by the Gordons of Cardiness against Sir Alexander McCulloch of Myretoun for molestation and assault613. Sir Alexander had interests in the Barholm estates, for instance, he had a crown grant of Lagginmullin, which had been

Kirkcudbright Sheriff Court Deeds I 1099. Kirkcudbright Sheriff Court Deeds I 69. 613 Register of the Privy Council 3rd Series II 481-485.
611 612

177

167 retained by Major John, and, therefore, forefeited.614 In 1671, too, he was infeft in the superiority and property of Bardristane615 subject, of course to the McDowell wadset. Henry, however, must have retained some right of redemption. In 1672 he figured in a decreet in an unpleasant light. Although piety may have been an attribute in a covenanter, it was sometimes linked with sharp practice, and even open fraud. Henrys dealings with the heirs portioners of John McDowell have already been referred to. No fraud was alleged, but some disturbing element was obviously present. His dealings with Gordon of Kirkconnell were actually fraudulent. John Gordon had had a dispute with David Neilson in Knokwalloch, which had been referred to Henry McCulloch as arbiter. Henrys finding ordained Gordon to consign to him a bond, blank in the creditors name, to hold in case of failure by either party to implement certain conditions to be performed by Gordon to Neilson. Later, the dispute was amicably settled and Henry was asked to deliver up the bond. It was then found that he had filled in his own name fraudulently as payee. He even had the nerve to sue Gordon on the bond but lost his case in the Court of Session616. In 1676 he was charged with reset, in the Spring of 1674 and in February 1675, of three prominent covenanting ministers, Mr John Welsh, Mr Samuel Arnot, and Mr Gabriel Semple617. Following in his fathers footsteps, Henry joined the rebellion that ended at Bothwell Brig on 22 June 1679. Just before the fight began, the Covenanters sent envoys across the bridge to the Duke of Monmouth, who refused to treat unless the rebels first

General Register of Sasines XXVIII 46a. Dalrymple Decreets XXXVIII 20 July 1672. 616 Dalrymple Decreets XXXVIII 20 July 1672. 617 Register of the Privy Council 3rd Series V 25.
614 615

178

168 laid down their arms. Amongst the envoys was a Captain McCulloch618. If this person were Henry McCulloch, then he, too, must have had some military experience, probably on the continent or in Ireland. Henry McCulloch succeeded in escaping from the battlefield and it was not till 1682 that the Privy Council ordered a criminal process to be brought against him, William McCulloch of Clauchreid, and others, who had been accessory to the late rebellion, and to the killing of the Kings soldiers619. In due course Henry, but not William, was forefeited by the Court of Justiciary620. His lands were gifted to the Earl of Nithsdale621. He was alive, but a fugitive, in 1684, when his two tenants, Thomas McCroskrie in Barholm, and John Richardson there, were charged with converse with him in June 1683.622 Thereafter Henry McCulloch disappeared, and, like many another, may have gone abroad to the Low Countries. He was back in Galloway in 1691 when he appeared as a witness623, but must have died soon after this, according to McKerlie, without issue and unmarried.

JOHN McCULLOCH (iii) of BARHOLM

At present it is not known what relation John McCulloch was to his predecessor, Henry, or how he succeeded to the estate. In 1696 he was served heir to his grandfather, Major John McCulloch, who was executed in 1666. He was also served heir to his mother, Isabel McDowell, daughter of John McDowell in Barholm, to whom reference has already been made624. Isabel must, therefore, have married a McCulloch, though not necessarily a member of the Barholm family. McKerlie boldly asserts

The Covetanters (King Hewison) II 30. Register of the Privy Council 3rd Series VII 571. 620 Register of the Privy Council 3rd Series VII 627. 621 Book of Carlaverock I 414. 622 Register of the Privy Council 3rd Series IX 376. 623 Ardwall Papers 210. 624 Kirkcudbright Retours.
618 619

179

169 that he was a McCulloch of Muill, but is unable to supply his christian name, though it is evident that he had access to an inventory of the titles of Barholm. He admits that his theory is at variance with the family account625. He gives Major John a daughter named Johanna, married to John McDowell in Barholm, but his authority for this marriage has not been traced. Even if McDowell did marry a Johanna McCulloch, which explain some of the difficulties, she could scarcely have been a daughter of Major John, but rather of his father, Thomas McCulloch of Barholm. It is probable that the true solution lies in a combination of these theories. John McDowell may have married Johanna McCulloch, a daughter of Thomas McCulloch of Barholm. McDowell was a tepid covenanter. In 1640 the War Committee of Kirkcudbright appointed him to apprise the corn and goods of the anti-covenanters in Galloway626, but he was not made of the sterner stuff. His family connection with Barbolm marked him out as an obvious transferee of the estate when it was necessary to protect it in view of the active politics of the McCulloch family. The wadsets whereby he obtained control of the estate may have been a precautionary cover. His youngest daughter married a McCulloch and it is significant that an Isabel McDowell, spouse of William McCulloch, undescribed, is on record as intromitting with the rents of Clauchreid627. Moreover, John McDowell in Barholm had some rights to Clauchreid, probably in wadset, and a William McCulloch in Clauchreid was, in 1682, directed to be prosecuted with Henry McCulloch of Barholm, for being at Bothwell Brig, but he was

McKerlie IV 264. Book of War Committee 135. 627 Calendar Kirkcudbrigh Sheriff Court Processes.
625 626

180

170 not forefeited: he may have been killed. The temptation is irresistible to identify William McCulloch of Clauchreid as the only known younger brother of Henry McCulloch of Barholm and the spouse of Isabel McDowell through whom he would have derived his designation of Claughreid. William McCullochs interest in Barholm can only have been very indirect, that is, by virtue of the wadset right of his wife. His father, Major John, had forefeited the estate and it had never been recovered by Henry. Sir Alexander McCulloch of Myretoun had received or acquired from Drummorrell, the Crown gift of the estate628 and his son, Sir Godfrey McCulloch had disponed this in 1684 to Captain John Fergusson of Doweltoun629, whose interest would of course be subject to the McDowell wadset rights. Before his death in 1697, Sir Godfrey must have come to some arrangement with the McCullochs: perhaps the price paid by them may have been the 1200 merks contained in a bond by John McCulloch of Barholm to the deceased Captain Fergusson dated 8 March 1697630. No record of the transmission from Fergus son to the McCullochs has yet come to light but the latter at once proceeded to make up their title to the estate. John McCulloch of Barholm, whoever his father may have been was served heir on 1 September 1696, to his mother, Isabel McDowell, in the McDowell estate of Pubill and Clauchreid 631, and to his grandfather, Major John McCulloch, in the Barholm estate.

General Register of Sasines XXVII 425. Calendar Wigtownshire Sheriff Court Deeds 74, 76. 630 Calendar Culvennan Writs 103. 631 Kirkcudbright Retours.
628 629

181

171 The Revolution Settlement had reinstated the McCullochs in Barholm but they no longer lived in that old tower. In keeping with the times, they took up residence at Balhassie. The ancestral estate must have been much increased by the McDowell marriage, and was to be further augmented by another successful matrimonial alliance. Of the birth and early days of John McCulloch of Barholm nothing is known: no record survives of any brothers or sisters. He married in 1689632 Jean Gordon only daughter and eventual heiress of William Gordon of Culvennan, to whom she had acted as executor and to whose two sons, James and William, both of whom died young and unmarried, he had acted as curator. Though the estate of Culvennan had been embarrassed by forfeiture, it was still a handsome addition to the McCulloch estates. John McCulloch, laird of Barholm for over 50 years, must have been a very peculiar character. It was due to his eccentricities that the story of the Barholm entails received so much publicity. He made no less than six entails of the property which, while providing much of genealogical interest, were to plunge the estate in protracted litigation that involved appeal to the House of Lords, a special Act of Parliament, and a duration of about a century. The voluminous printed processes reveal the family in a somewhat sinister light, that is, at times, reminiscent of some of the dealings of that pious forbear, Henry McCulloch of Barholm. John McCulloch died on 28 April 1747, being survived by his wife, Jean Gordon, who died on 28 April 1750. A few months before her death, Jean made a further addition to the family estates, obtaining

632

Culvennan Manuscripts.

182

172 from John McDowell of Glen, the 8 merk land of Whiteside and Calside in the parish of Anwoth633. They had only one child who attained full age:

JEAN McCULLOCH
Jean McCulloch was born in 1691634. She married David McCulloch, second son of David McCulloch of Nether Ardwall, the contract being dated 28 January 1715 (see page 281). Jean, as heiress to the McDowell, McCulloch and Gordon estates, was a very well endowed young lady. It obvious from the subsequent entails that the marriage was promoted in order to preserve the surname of McCulloch to the estates. Yet David had some trouble with his father-in-law over the marriage contract. Under that document, John McCulloch had agreed to pay 5,000 merks as tocher to Jean, but ten years passed without his implementing his agreement. Not till 1725 was agreement reached whereby he was to settle 6,000 merks on John and Isabel, the only two bairns of the said David and Jean, with heritable security upon the lands of Culcreuchie and Pibble, or of Camrat and Clauchreid635. Jean McCulloch died in 1723636 being survived by her husband who married, secondly, Euphemia Brown637 and died in June 1759638. Jean and David had only two children: 1. John McCulloch (iv) of Barholm, of whom hereafter.

2. Isabel McCulloch, to whom her grandmother left the property of Culvennan. She was born in 1718 and married on 30 December 1740639, William Gordon, W.S. of Drumrash and Greenlaw, there-

Sasine 16 Nov 1749. Culvennan Manuscripts. 635 Calendar Culvennan Writs. 636 Culvennan Manuscripts. 637 Culvennan Manuscripts. 638 Culvennan Manuscripts. 639 Culvennan Manuscripts.
633 634

183

173 after designed by William Gordon of Culvennan They were the parents of Sir Alexander Gordon of Greenlaw and Culvennan, Sheriff of Wigtown and Kirkcudbright, of whose forbears, descendants, and family charters, an account has been published640 641. Among the Culvennan papers are many letters from members of the McCulloch family, whilst a later generation of these Gordons essayed the task of compiling a pedigree of all the McCulloch families, which, in view of the total lack of published material at the time, was no mean effort. This pedigree has now been bound up with the other McCulloch papers as part of the Culvennan Manuscript presented to the Ewart Library, Dumfries by Miss Gordon Walker in 1941. Isabel McCulloch and William Gordon had issue642: 1. Alexander Gordon, who succeeded his father in Greenlaw and his mother in Culvennan. 2. David Gordon of Threave Grange and Drumrash. He was born in 1750 and was an Ensign in the 67th Regiment. He volunteered into the Russian Service and was killed in 1772. 3. Robert Gordon, born in 1773 and succeeded his brother in Threave Grange and Drumrash. He was in the Navy and died in 1831. 4. Marion Gordon, married in 1775 William Kirkpatrick of Raeberry, a merchant in Kirkcudbright. He died in 1778 and she married secondly in 1783 Alexander Herries Maxwell of Munches. She died in 1839 leaving no issue. 5. Jean Gordon 6. Isabel Gordon, married in 1779 James Balmain, Solicitor of Excise, and had issue two sons and two daughters. 7. Wilhelmina Gordon Alexander Gordon, mentioned above, succeeded his father. He

640 641 642

Transactions of the Dumfries and Galloway Natural History and Antiquarian Society 19th Jan. 1923.

See also Gordon Manuscript at Ewart Library, Dumfries. McKerlie III 367.

184

174 was born in 1747, was knighted in 1800 and died in 1830. He married in 1769 Grace only daughter of Dr. John Dalrymple of Dunragit and had issue:1. William Gordon, who predeceased his father. 2. James Gordon, who succeeded his father. 3. David Gordon, who was born in 1774 and died in 1829. He married in 1797, Agnes, eldest daughter of William Hyslop of Lochend and had issue:1. William Gordon, born 1800

2. Alexander Gordon, born 1802 and became a Civil Engineer. He married Sarah, daughter of Alexander Cock, London. James Gordon, born 1818 and married Amelia, daughter of James Loudoun, St. Helena, with issue:3.

i. 4. 5. issue. 6.

Helen Charlotte Gordon

Jean Gordon, who married in 1845 the Rev. William Farquhar. Grace Gordon, who married in 1828 Charles Potter of Earnsdale, Lancashire, with Isabella Gordon, who married in 1833 J.R. Clarke. She died in 1824 without issue.

4. Isabella Gordon James Gordon succeeded his father, Sir Alexander. He was born in 1771 and married in 1816 (see page 386) Janet, eldest daughter of Johnstone Hannay of Balcary and Penelope, second daughter of David McCulloch of Ardwall. James Gordon died without issue in 1843 and was succeeded by his nephew, William Gordon, son of his brother, David Gordon. William married in 1825 his cousin, Marion, daughter of John Hyslop of Lochend. She died in 1853 leaving issue:-

185

175 1.
2.

David Alexander Gordon John Hyslop Gordon, who was born in 1829 and married in 1859, Margaret, daughter of William Napier. He died in 1869. James Gordon, born in 1833. Margaret Gordon. born in 1835. Agnes Marion Gordon, who married in 1860 Benjamin Hardwick.

3.

4. 5.

David Alexander Gordon who was born in 1828 succeeded his father in 1858. He served in the Rifle Brigade in the Crimea in 1855/6 and in the Indian Mutiny 1857/59. He married in 1855 Jane Laurie, only daughter of Adam Bell of Hillowtown and had issue:1. 2. 3. 4. 5. 6. William Ainslie Gordon, born 1855 Allan David Gordon, born 1857. Lochinvar Alexander Charles Gordon, born in 1864 Claude Augustus Rutherford Gordon, born 1867 Grace Maria Gordon Beatrice Isabella Hilda Gordon

JOHN McCULLOCH (iv) of BARHOLM

John McCulloch succeeded his grandfather in 1747 and, two years later, obtained a Crown Charter of the estate, subject to the liferent of his grandmother643. He suffered from the family instability and is described in the entail litigation as a person whose dispostion and habit rendered an easy dupe, but the law suit shewed him to combine a certain amount of cunning with a total disregard of legal consequences. His attempt

643

Culvennan Manuscripts.

186

176 to sell Borness to his cousin, David McCulloch of Ardwall, was a case in point (see page 332). When his grandfather died it was his sister, Isabel, and not himself, who was nominated executor: and when his grandmother died, his own children were preferred to himself as executor dative644. Further in his grandfathers last, entail of 1747, the property was left to John (iv)s sons, then to his daughters, then to his sister, Isabel, followed by himself. It is, therefore, clear, that his weakness was recognised in the family. Such was the man who proceeded to play ducks and drakes with his grandfathers entails. His grandfather had made no less than six of these. On 30 March 1751 John instituted a suit in the Court of Session to reduce three of them: of the other three he may not have known, but they may still have had some legal validity. In 1752 these revoked entails were legally set aside as ineffectual. John McCulloch thereupon entered into a contract with his sister, Isabel Gordon, a dominating personality who had a strong influence over her weak and facile brother, to re-entail the estate on himself, his son, John, (v) his heirs, male or female, and then on Isabel Gordon; but it was ten years before he implemented this contract and executed the entail, and then only on legal pressure from Isabel. In the intervening years he had amassed debts to the tune of 13,700 stg. whereas his estate rental was only 728. His creditors may be pardoned for regarding this entail as a device to avoid payment. So he revoked the entail of 1763 as inoperative, a legal fiction, and asked the Courts to confirm the rescission. But the Court of Session, wearying, perhaps of all these entails, dismissed

644

Kirkcudbright Edicts 15 June 1750.

187

177 the action in 1771 at the instance of Jean McCulloch, his daughter, the only objector and the House of Lords upheld the decision on 18 May 1772645. The creditors thereupon started an action of adjudication whereat John McCulloch had recourse to Parliament itself and lodged a reasoned petition for a private Act. In 1773 an Act was passed authorising the sale of lands to pay debts, and making the residue of the estate subject to the entail of 1762. Of the sale of these lands and the entail itself, more will be heard in the succeeding generations. This is a mere outline of the litigation, which in detail, shews John McCulloch resorting to every device to get rid of the entail altogether. The debts of John McCulloch which led to the sale of part of the estate were probably caused by his rapid and reckless acquisition of land. One of his speculations is recorded by McKerlie 646 as a disagreeable occurrence. Henry McCulloch eldest grandson of the last McCulloch of Muill, had been served heir to his grandfather, though there was no land in which to be retoured, for the small estates of Muill and Inshanks had passed by adjudication into the hands of the Maxwells of Monreith. Henry had no funds to bring an action of reduction, or pay off the debt. So, in 1757, John McCulloch of Barholm, thinking he might be able to turn an excellent profit, decided to try a speculative law process against the Maxwells for recovery of the lands. For that purpose it was necessary to secure from Henry a transfer of whatever rights of redemption he might have. On 21 March, Henry and John entered into a contract, whereby John was to bring an action of reduction, or improbation, in the Court of

645 646

Scots Revised Reports (House of Lords) Paton 647 & 785. Scots Revised Reports (House of Lords) Paton 76.

188

178 Session, and, if successful, Henry was to dispone the lands to him, subject to Henrys liferent. The fictitious nature of the proposal is indicated by the fact that Henry at once gave John a bond for 4,000 stg. in order that might refuse to pay up on it and thus give John the right to a decreet of adjudication against the lands. In 1758 John McCulloch resigned his lands for a new Crown Charter, in which they are not only all enumerated, but the succession of ownership is also stated647. He died in May 1778648, having married in 1738, Elizabeth, daughter of William Cutler of Argrennan. The contract was dated at Balcary 14 August and the young couple were to have the Tower and lands of Barholm free of rent: tocher was 9,000 merks, and Elizabeth was secured in an annual rent of 700 merks, reducible in the event of her remarriage649. They had issue:1. 2. John McCulloch (v) of Barholm William McCulloch, who died in the East Indies about 1777, unmarried650.

3. Henry McCulloch, who died unmarried in Edinburgh in 1764.651. 4. Jean McCulloch, who married William Shaw, London, but had no issue. 5. Mary McCulloch, who died unmarried 7 November, 1806. 6. Elizabeth McCulloch, who was born, probably, after 1750. She married, on 24 December 1769652 James Dewar of Vogrie, Midlothian, with issue:a. James Dewar, who had issue:A.

James Dewar of Vogrie, H.E.I.C.

Ex Logan Titles. Culvennan Manuscripts. 649 Calendar Culvennan Writs. 650 Culvennan Manuscripts II 119. 651 Culvennan Manuscripts II 105. 652 Edinburgh Marriages.
647 648

189

179 B. C. i. ii. iii.. iv. v. Alexander Cuming Dewar, Ensign, 15th Native Infantry Bengal. Mary Elizabeth Dewar, who married Warren Hastings Anderson, and had issue:David Anderson Christian Harriet Anderson Warren Hastings Anderson George Don Anderson Frederick Augustus Anderson

D. Elizabeth Dewar, who married John Cockburn, merchant, and had issue: 1. ii. iii. iv. v.
b.

Caroline Cockburn. Archibald David Cockburn Mary Elizaheth Cockburn James Graham Cockburn John Cockburn Elizabeth Dewar653. JOHN McCULLOCH (v) of BARHOLM

John McCulloch must have been born about 1740 and succeeded on the death of his father in 1778. He was educated at home with his brothers and sisters by a teacher named William Shaw, afterwards a student of physics at Edinburgh University. his salary was 17 per annum, and, after ten years of service, from 1752 to 1762, he had to sue for it and then only got a bond for the amount654. John seems to have had the same outlook as his father on family affairs. The Act of Parliament of 1773 had allowed a sale of sufficient land

653 654

Culvennan Manuscripts. Culvennan Manuscripts.

190

180 to pay all debts, and between that date and 1790 a large part of the estate disposed of. But it was characteristic of the family that the sales were effected in a wholly irregular and illegal manner. The heirs of entail were not acquainted or called in the proceedings: some were minors and no tutors ad litem represented them. William Hannay of Kirkdale, their next door neighbour, had been appointed by the court as judicial factor, and he promptly sold to himself the lands of Barholm, Bardristane, Broach, Clauchreid, and Cambret. Margaret Gerran, spouse of Alexander Heughan, merchant in Creetown, bought Under Burns in 1777: George Muir of Cassencarie in 1776 bought Larg, while John McDowell of Logan secured Lagginmullin. In 1791 the remainder of the entailed estate was, by charter of Resignation, granted to John (v) in liferent, and to his son, John (vi), in fee. It was, of course, very much reduced in size, which may have prompted the discreditable effort of the next generation to revoke the sales and secure handsome penalties from the purchasers. John McCulloch was twice married: the name of his first wife is not recorded, though McKerlie states her name was Nicholson. She died in December 1778655. He married, second, a servant girl named Jessie Macfarlane656. By these two marriages he had ten children, of whom the first three were by the first marriage:1.
2.

John McCulloch (vi) of Barholm, of whom hereafter. James Murray McCulloch, an officer in the Royal Marines, who was born July 1775 and died 25 January 1850. Agnes (or Ann) McCulloch, who was born 23 October 1769 and died unmarried in 1829. William McCulloch, Captain, Royal Navy, who was

3. 4.

655 656

Culvennan Manuscripts. Culvennan Manuscripts.

191

181 in charge of the blockade service in Kent. According to a letter from his great grand daughter, Mrs Anna McCulloch Burns, who lived to a very great age in Christchurch, New Zealand, he was born at Barholm and was Post Captain of the Ramillies at the time of the Battle of Trafalgar. He was dead by 1830, having married Jane Osborne, of the Island of Antigua, who survived him until 27 February 1853, with issue:A. B. C. D. E. William McCulloch, who was living at Portsmouth in 1830. Charles McCulloch. Henry McCulloch. Edward McCulloch, an officer in the army. Anna McCulloch, who married the Rev. Luscombe, a minor canon of Gloucester.

F. Jessie McCulloch, who married, first, Mr Janney, and, second, Colonel John Bonamy of Guernsey, H.E.I.C., the last of the ancient family of Bonamy of Guernsey: with issue two daughters. G. Jane McCulloch, who died unmarried in 1877.

5. Henry McCulloch, an officer in the army. 6. Samuel Hannay McCulloch. 7. Helen McCulloch, who was alive in 1830. 8. Elizabeth McCulloch, who married Andrew Livingstone of Airds and had two daughters who were both alive in 1830:A. B. Frances McGregor Livingstone, wife of Nathaniel Milligan, Kirkcudbright. Mary Livingstone.

9. Jean McCulloch, who was dead by 1830. 10. Mary McCulloch, who died at Barholm 24 July 1808.

192

182 JOHN McCULLOCH (vi) OF BARHOLM John McCulloch was born 28 September 1773. It is not yet established when he succeeded his father. He matriculated arms at the Lyon Office on 30 March 1814. In the grant he is described as direct lineal descendant of the McCulloch of Muill: no importance need be attached to this claim, as, at that period, the Lyon Office concerned itself but little with evidence. He must have married shortly afterwards, Agnes, daughter of Robert Hathorn Stewart of Physgill. She died on 24 July 1836 and he on 30 September 1851. Of this match, Agnes McCulloch, daughter of David McCulloch of Ardwall, wrote to her niece, Mrs. Hamilton, on 25 August 1813, Our cousin Barholm is almost a bridegroom: the lady, Miss Stewart of Phisgill, I daresay twenty years (at least) younger than he. Not a beauty, but agreeable both in looks and manners, highly accomplished and (no doubt) possessed of a very handsome fortune: you know Phisgill is one of the richest private gentlemen in Scotland, with no very numerous family. I daresay Barholm is surprised at his own good fortune .......... His brother, Samuel, that accomplished young gentleman, is to be blessed with the hand of Miss Hawthorn, the principle heiress in Wigton and, Im told, a fine girl - so I really think the McCullochs are making a very respectable figure in the annals of matrimony.657 This last McCulloch laird of Barholm lived up to the reputation of his immediate forbears. He conceived the bright idea that he might make a commercial profit out of the dubious proceedings of his father. At the time of the sale of the major part of the estate he could only have been four or

657

Ardwall Papers 907.

193

183 five years old. In strict law, his consent should have been obtained by the appointment of a tutor for that purpose. His father, as has been narrated, had effected the sales in a very irregular manner. This was seized upon by John (vi) as an excuse to overturn the sales of the property: he proposed to cash in on the illegality of his father, whose deliberate error was to yield a huge dividend to his son. Such was the filial respect shewn by the last McCulloch of Barholm. In 1825 he instituted proceedings with an action of reduction to overturn the sale of Barholm and Bardristane, etc., to William Hannay of Kirkdale, who was now dead. His brother, Ramsay Hannay, was now the owner of these lands, which had been in the possession of the Hannays for over 40 years. None the less, the return of the lands, with heavy penalties, was sought. This brazen action was repeated against Thomas Heughan of Airds whose grandmother, Margaret Gerran, had bought Under Burns for 325.10.0 in 1777. Heughan was now sued for the return of the lands and 30,000, representing the rents and produce since 1777. George Muir of Cassencarie, who was a Writer to the Signet and Principal Clerk of Justiciary, who had drawn up the entail of 1762, was one of the creditors of the estate and, in 1776, had bought the lands of Larg, comprehending Ballachanmure, Knokeans, and Hillend, for the sum of 2100 stg. From his son, Sir Alexander Muir Mackenzie, of Delvine and Cassencarie, was now claimed, not only the lands, but 50,000 in hard cash. Other purchasers were likewise dealt with. John McCulloch must have thought he had found a gold mine. He must have wished that his fathers legal misdemeanors had been far more extensive. But he had not reckoned with the law: his get-rich-quick device was rejected by the courts and he remained a poorer

194

184 and wiser man. This disappointing project must have obtained some publicity and it brought a new party into the field. In 1830, William McCulloch, residing at Portsmouth, eldest son of the deceased Captain William McCulloch, R. N., and therefore a nephew of John McCulloch (vi), brought an action against his uncle for reduction of the entail of 1791, embodied in the Crown Charter of that date, on the ground that it was invalid and void as it had changed the order of substitution of heirs in the 1762 entail by introducing the heirs female of John McCulloch (vi) before the heirs male of the body of his father, John McCulloch (v). John McCulloch died on 30 September 1851 aged 78; he had 6 daughters by his wife, Agnes Hathorn Stewart, though McKerlie mentions another, unnamed:1. Isabella McCulloch, who was born 26 June 1817 and died 9 March 1889 aged 71. She married Captain George Grant, Indian Navy who died at Barholm 22 February 1874 aged 81. His memorial in Kirknabreck Parish Church records: When 16 years of age he went to India and for 30 years served his country with honour and bravery enduring with hardship and distinguishing himself by many acts of kindness shown to the native population. Returning here, he spent the remainder of his life, in peace and comfort ever ready to relieve the poor and distressed. He had the following issue A. B. C. D. John Grant born 6 March 1847 and died unmarried 24 October, 1868. Jane Howden McCulloch Grant, born 21 April 1849 who died unmarried, 18 June 1899. Agnes Stewart McCulloch Grant, born 16 October 1850, who died unmarried 23 June 1935. James Grant, born 18 June 1854, who died unmarried on 10 October 1888 aged 34.

195

185 2. Joanna Hathorn Stewart McCulloch, who married Captain John Parke Sanders of the Indian Navy who, after 28 years Service in India died at sea on his passage home on 14 August 1851. They had issue:A. B. a. b. c. John McCulloch Sanders who died at Aden 25 July 1950 aged 14 months. Mary Anne Sanders, who married Mr Byron with issue:Edmund Byron Mary Byron Jean Byron

3. Agnes Stewart McCulloch, who married 20 June 1854 James Dickson, with issue:A.

Agnes Dickson, who married Mr. Lyle

4. Mary Stewart Hay McCulloch. Died unmarried 5. Elizabeth McCulloch, who married Captain Alfred Wyckham Pym Weekes, 78 Seaforth Highlanders, and died 8 February 1906 with issue:A. B. Frederick Wickham Weekes Thomas Weekes

C. Julia Weekes, who married Mr. Nolan and has issue:- Her grandson, Henry Spong was, until very recently the proprietor of what little remains of the Barholm estate, even the pleasant old mansion house having now been demolished. Even that remnant has now been sold. 6. Janetta Sprolt Stewart McCulloch married Thomas Maxwell Durham. It should be added that the foregoing scanty genealogical details of the later members of the family cannot be considered reliable. In the absence of family papers, they are taken mainly from Ardwall pedigree, which is far from authoritative.

196

McCULLOCH OF KIRKCLAUGH Arms: Quarterly first and fourth, ermine frette gules within a bordure engrailed of the last: second and third, argent a saltire sable between a mullet in chief and a roundel in base, all sable Crest: A hand throwing a dart proper Motto: Vi et animo658

658

William Edward Cliff-McCulloch of Kirkclaugh, Lyon Register, XV 53.

197

186 THE FAMILY OF McCULLOCH of KIRKCLAUGH ROBERT McCULLOCH (i) of KIRKCLAUGH THE lands of Kirkclaugh were at one time part of the barony of Cardiness and, when that property came to be broken up at the beginning of the 17th century, Kirkclaugh was acquired in 1617 by Robert McCulloch, described as a merchant and burgess of Kirkcudbright659. This Robert has not been definitely identified although the Culvennan M.S. states that he was a younger son of Thomas McCulloch of Barholm, but this statement must be accepted with reserve. Since his father cannot have been born earlier than 1579 it would infer that Robert bought Kirkclaugh when his father was only 38 and he, therefore, a very young man. Robert first appeared on record in the Book of the War Committee for Kirkcudbright 660 when he was in trouble in 1640 for contumacy, The quhilk day anent the alledgance proponit be Robert Makculloche of Kirriclauche, that he was ever willing to have subscribed the generall band, and offerit to Erlistone to have subscryvit the samen, but thair was not a notar. Quhilk alledgance Erlistone denvit. Thairfore the Committee ordaines the said Robert to prove the said alledgance he anie twa gentillmen, the next committee day, at Cullenoche, the tenth of this instant with certificatione if he failzie in probatione, the said Robert is to pey the haul fyne laid on him, and if he compeir not the said day, to pey the double of his fyne for his contumancie. A Privy Council record of 8 September 1627661 suggests that Robert was not an altogether agreeable neighbour. It narrates that James Walker, a merchant in Edinburgh, found caution for 1000 that

Kirkclaugh Titles. Book of the War Committee for Kirkcudbright 112. 661 Register of the Privy Council 2nd Series II 69.
659 660

198

187 Robert would not molest John Gordoun of Ardwell, John and James Gordon, his sons, and some 30 other named inhabitants of Anwoth parish. No clue, however, is given as to the cause of the dispute. Robert left Kirkclaugh to his son, Robert, by will dated 1649662 and died in 1651663. The name of his wife has not survived. Apart from one natural son, William664, he had, so far as is known, three sons, 1. Robert McCulloch (ii) of Kirkclaugh, who appears to have inherited the property under his fathers will, though he never made up his title to it. He also owned, in conjunction with his brother, Thomas, the adjacent lands of Auchinlarie, and was described as of that place when fined 240 by the presbytery in 1662665. He took the Test, however, in 1684666. A census of the parish of Anwoth of that year shews that he was living at Kirkclaugh with his wife and son, John, and 8 other persons 667. He also had a son, Robert668, but both he and John must have predeceased their father, who himself was dead by 1698669. 2. Thomas McCulloch of Auchinlarie, sometimes described as portioner of Auchinlarie. Both he and his brother, Robert, were concerned in the dispute over the feudal casualties of Cardiness following the death of John Gordon in 1660, an account of which has been given elsewhere (see page 250). In 1674 William McCulloch of Ardwall had to take action against them for failure to pay their share of the expenses of the affair670. Thomas McCulloch died about 1679671. By his will he appointed his brothers, Robert McCulloch of Kirkclaugh, and John McCulloch in Neathirshaw, with others, to be his executors, and left legacies of 15 to his widow and natural daughter, Grizzell McCulloch. The latter, and a John McCulloch, presumably his brother, are recorded in the Anwoth census of 1684, as living at Auchinlarie, with 24 other

Kirkclaugh Titles. Kirkcudbright Retours. 664 Steward Court Deeds Kirkcudbright 1690. 665 Nicholson II 123. 666 Register of the Privy Council 3rd Series X 226. 667 Register of the Privy Council 3rd Series IX 557. 668 Steward Court Deeds Kirkcudbright 2219. 669 Kirkclaugh Titles. 670 Ardwall Papers 282. 671 Kirkcudbright Testaments.
662 663

199

188 persons, at that date672. Thomas McCulloch married Janet, eldest daughter of John McClellane of Auchengool673 and was succeeded by his son, William McCulloch of Kirkclaugh, of whom hereafter. 3. John McCulloch in Neathirshaw, mentioned above. WILLIAM McCULLOCH OF KIRKCLAUGH William McCulloch was served heir to his grandfather, Robert, in Kirkclaugh, in 1698674 and to his uncle, Robert, and father, Thomas, in Auchinlarie, on 2 November 1703675. He also acquired in 1724 the lands of Torhouse. These had been adjudged from their owner, George McCulloch, by John McCulloch of Barholm, from whom William McCulloch acquired them, possibly at the instance of his wife, who was Georges daughter676. Moreover; on the death, without issue, of his maternal uncle, William McClellane, he also acquired Auchengool, though some complicated legal procedure was necessary and he had to purchase the interests of the other heirs, namely, his aunts, Anna and Helen McClellane, and their children677. William thus became a substantial landed proprietor. He married in 1704678 Elizabeth, daughter of George McCulloch of Torhouse. She lived to be well over a hundred and died on 30 November 1780679. She had full possession of her mental faculties to the last and had a son, James, living with her at Kirkclaugh, and in his dotage680.

Register of the Privy Council 3rd Series IX 557. Auchengool Titles. 674 Kirkclaugh Titles. 675 Kirkcudbright Retours. 676 Torhouse Inventory. 677 Auchengool Titles. 678 Torhouse Inventory. 679 Torhouse Inventory. 680 Culvennan Manuscripts II 81.
672 673

200

189 William McCulloch himself died in May 1749681 leaving issue:1. John McCulloch of Torhouse, who was a Collector of Customs at Wigtown682. He sold Kirkclaugh to his younger brother, Robert, in 1769683. He married, first, Isobel, daughter of John Muir of Craig, and his wife, Agnes McCulloch, daughter of David McCulloch of Ardwall684. Isobel died in 1738685 and John McCulloch married, secondly, Mary, daughter of David Boyd, Surgeon in Wigtown. She survived her husband, who died at Wigtown on 22 November 1784, and died there herself on 26 December 1797686. They had issue:a. David McCulloch of Torhouse, who died unmarried on 27 March 1822687. His heirs were:- (1) His sister, Elizabeth, (2) his nieces, Agnes and Jean Brown, daughters of his deceased sister, Mary, and (3) Andrew Tosh, son of his deceased niece, Janet Brown. The Torhouse property still (1947) stands in the names of these heirs. b. Robert McCulloch (iv) of Kirkclaugh, a merchant in Glasgow, who succeeded to Kirkclaugh under the will of his uncle, Robert. He and his brother, Edward, carried out some rather devious transactions, connected, apparently, with the improvement of the estate, but it was in Roberts possession when he died in 1815. He is buried in the Greyfriars Kirkyard, Edinburgh, where his epitaph reads: Here are deposited the remains of Robert McCulloch Esquire, of Kirkclaugh, Stewartry of Kirkcudbright, who died at Edinburgh on 27th September 1815 aged or about the age of sixty six years. c. Edward McCulloch of Kirkclaugh, was described as a merchant in London. He was made bankrupt in February 1806, but obtained his certificate in July 1810688 Thereafter he was in an office in London under the Government and lived a very secluded and retired life 689. This may possibly have enabled him to recover from his bankruptcy. For upwards of five years before his death he lodged with a very

Kirkcudbright Retours. McKerlie I 347. 683 Kirkclaugh Titles. 684 Ardwall Papers 486. 685 Wigtown Testaments. 686 Torhouse Inventory. 687 Wigtown Retours. 688 Ardwall Papers 833. 689 Ardwall Papers 834.
681 682

201

190 respectable tradesman in Westminster who reported of him at the time of his death that he did not owe 5 in the world and of all the particular men he had ever seen or heard of Mr. McCulloch was the most exact in the settlement and payment of his bills. He always lived most comfortably and like a man of good property though very retiredly: yet not without some society which was of the most respectable description. The property in his lodgings, of very considerable value, consisting of money, plate, pictures, books, linen, wine and furniture, was left to his brother, David, in Galloway. In his little speculations in the stocks he had been tolerably successful and there was a balance of money at his credit in the hands of Mr. Bonnar, his stockbroker in the City. 690 Edward McCulloch died unmarried on 26 April 1819 having succeeded to Kirkclaugh on the death of his brother, Robert, four years previously. He does not appear ever to have resided there691. d. Elizabeth McCulloch, who married Dr. Robert Cooper of Falmouth692 and had 3 married daughters, Mrs. Dynley, Mrs. OToole, and Mrs. Edmonds, and one unmarried daughter693. e. Mary McCulloch, who, predeceased her brother, David in 1793694. She married Dr. John Brown, Surgeon in Wigtown, and had issue i. Agnes Brown, who married David Johnston Malcolm, Collector of Customs, Kirkcaldy, who died before 1822 without issue695. ii. Jean Brown, who married James Mitchell, of Salford, near Manchester, and had no issue.

iii. Janet Brown, who married Richard Tosh, and predeceased her uncle, David, leaving a son, Andrew Tosh, who himself had a daughter696.

Ardwall Papers 836. Kirkcudbright Retours. 692 Wigtown Retours. 693 McKerlie I 348. 694 Wigtown Testaments. 695 McKerlie I 348. 696 Wigtown Retours & McKerlie I 348.
690 691

202

191 2. Robert McCulloch (iii) of Kirkclaugh. Robert purchased Kirkclaugh from his elder brother, John, in 1769. He died in 1786 leaving a will dated 1779 in which he settled Kirkclaugh on a series of heirs as follows697:a. to himself and his heirs male, whom failing.

b. to Robert, second son of his brother, John, and his heirs male, whom failing, or succeeding to Torhouse, c. d. to Edward, Third son of his brother, John, whom failing likewise, to John, third son of his brother, Edward McCulloch of Auchengool, likewise whom failing,

e. to Robert McCulloch, his grand nephew, grandson of his sister, Janet, and son of David McCulloch of Ardwall. Robert McCulloch bequeathed his fortune to his nephew, Robert, on condition that he should build a mansion house on Kirkclaugh, and this was, apparently, carried out 698. He died unmarried but is recorded as having had an illegitimate son, Patrick, by Jean Gourley in Newtoun699. 3. Edward McCulloch of Auchengool who acquired this property as his share of his fathers estate. Further details of him and his descendants are given elsewhere (see page 209). 4. James McCulloch is mentioned in the Culvennan MS. as living with his mother at Kirkclaugh and in his dotage.700 5. David McCulloch. In the action of Declarator of Marriage701 raised by Janet McCulloch, sister of Henry McCulloch of Torhousekie against Edward McCulloch of Auchengool, David is mentioned in the evidence in the sporting role of wagering a pair of gloves on the result of the action, with Mrs. Boyd, wife of the Minister of Wigtown.

Kirkclaugh Titles. Kirkclaugh Titles. 699 Anwoth Register 25 Jan 1731. 700 Culvennan Manuscripts. 701 W.S. Session Papers XXVII 35.
697 698

203

192 6. Janet McCulloch, who married in 1733702 Edward McCulloch of Ardwall. An account of her descendants is given elsewhere (see page 321). ROBERT McCULLOCH (v) OF KIRKCLAUGH The succession to the property turned, as has been seen, on the settlement of 1779 by Robert McCulloch (iii) of Kirkclaugh. On his death unmarried, it opened to his nephew, Robert, who also died unmarried in 1815; then to his other nephew, Edward, who likewise died unmarried in 1819. The next heir would have been John McCulloch, third son of Edward McCulloch of Auchengool, but he also had died unmarried in London about 1790703. On Edward's death, therefore, the property passed to Robert McCulloch, of the Navy Pay Office, London, son of David McCulloch of Ardwall. He retained it for some years but, having suffered some financial loss over his guarantee of his brotherin-law, Thomas Scott (see page 373), decided that he could not afford to retain it and, after protracted correspondence and negotiations704, sold it in 1829 at a price of 4,200, to his brother : ALEXANDER McCULLUCH (i) OF KIRKCLAUGH Some account of both Alexander McCulloch and his brother, Robert, have been given under the history of the Ardwall family. It is sufficient, therefore, for the present purpose to state that he died in 1843 leaving a fresh settlement of the property as follows :-

Culvennan Manuscripts. Ardwall Papers 1794. 704 Ardwall Papers 887 et. seq.
702 703

204

193 a. to his nephew, Walter, second son of his elder brother, James Murray McCulloch of Ardwall, and his heirs male, whom failing, b. to his nephew, Alexander, brother of Walter, whom likewise failing,

c. to Agnes McCulloch, wife of the Rev. Joseph Qualtrough, Minister of Kirklonan in the Isle of Man, and her issue. The identity of Mrs. Qualtrough cannot be ascertained: she may have been a descendant of Edward McCulloch of Auchengool. It was stipulated that any heir nominated to Kirkclaugh, who might succeed to Ardwall should make over Kirkclaugh to the next named heir705. Walter McCulloch of Kirkclaugh accordingly succeeded his uncle, but when, on the death of his elder brother, David, in 1858, he fell heir to Ardwall, he made over Kirkelaugh to his brother:Alexander McCulloch (ii) of Kirkclaugh. Alexander had made a substantial fortune in China and, before succeeding to Kirkclaugh, had already, in 1855, purchased property in Anwoth Parish, namely the farms of Mark, Glen, Whiteside and Calside (or Slaicks). To these he also added in 1859 the farm of Pibble706. It was Alexanders wish to enlarge the mansion house of Kirkclaugh and otherwise improve the property, but in this he was faced with a difficulty. He was now past 50 and unmarried and in the event of his death without children, the property would pass, under the will of his uncle, Alexander, to the Qualtroughs. He was unwilling to spend money for these people, who were distantly, if at all, related, and for whom he cared little or nothing. The titles do not disclose how the difficulty was

705 706

Kirkclaugh Titles. Kirkclaugh Titles.

205

194 overcome but it appears that the Qualtrough interest must have been purchased or otherwise disposed of. The farm of Pibble was bought in 1859 and the titles shew that in the following year a part of it was sold to the railway company for the building of their new line through the Stewartry. The farm is said to contain valuable minerals, and in 1862 a lease of the mining rights was entered into with the Creetown Mining Company, which assigned its rights to the South of Scotland Mining Company. In 1872 the rights were in the bands of the Champion Silver, Lead and Copper Mining Company, which also owned workings in Minnigaff, and on the farms of Kings Laggan and Lachintyre. At one time these mines employed about 100 men but they never paid any royalties and, moreover, were a trouble to the farming tenant. Accordingly, in 1872, legal proceeding were taken to eject the company. The action was settled and a fresh agreement entered into, but in 1883 the company went into liquidation. A further attempt to work the Pibble mine was made in 1914, an inauspicious moment. It was abandoned in 1919707. Alexander McCulloch died in 1887 at the age of 73. He left Kirkclaugh to his sister, Penelope, for her life; after her death, to his niece, Janet Brown, wife of Edward Cliff, for her life; and on her death, to her eldest son, William. It was a stipulation of his will that anybody succeeding to Kirkclaugh should assume the name McCulloch. Penelope McCulloch died on 7 May 1896 and, some time later, William Cliff McCulloch made over his interest to his mother, who thus

707

Kirkclaugh Titles.

206

195 became absolute owner on her death in 1911, however, she left the property to him. Her husband, Edward Adam Cliff, who was a merchant in Liverpool, survived her by four years and died in 1915 leaving issue:1. William Edward Cliff-McCulloch of Kirkclaugh, born 1880, Cottonbroker in Liverpool: married in 1915, Eveline Howie, and died in 1957 leaving issue :a. Alexander Peter Cliff-McCulloch, born 1916, Flight-Sergeant, Royal Air Force: killed on operations over France, 1944. b. Edward Michael Werge Cliff-McCulloch, born 1918, Major, Royal Artillery, retired, the present proprietor of Kirkclaugh. 2. John Gordon Cliff-McCulloch, born 1883, married 1933, Vivienne Mary Branson, New Zealand. 3. Walter Alexander Cliff-McCulloch, born 1886, killed in action at Vermelles 1916. 4. Adam Edward Cliff-McCulloch, born 1891, married 1933, Joyce de Vere, Sydney, Australia, and has issue:a. b. David Gordon Cliff-McCulloch, born 1936. Julia Rose Cliff-McCulloch, born 1938.

5. Janet McCulloch Cliff-McCulloch, born 1885, married Harold Colin King-Webster of Wanwood, Cumberland, who died 1947 leaving issue:a.

Walter Alexander King-Webster, born 1916, married 1945, Faith Webster, and has issue :i. ii. iii. Penelope Jane King-Webster, born 1946. Rosa Felicity King-Webster, born 1948. Katharine Anne King-Webster, born 1952.

b.

Thomas Edward King-Webster, born 1918.

207

McCULLOCH OF AUCHENGOOL

208

196 THE FAMILY OF McCULLOCH OF AUCHENGOOL EDWARD McCULLOCH OF AUCHENGOOL THE lands of Auchengool in the parish of Rerwick appear, to judge by a number of tacks, dating from 1534 to 1568, to have belonged originally to the Abbey of Dundrennan. They are, in fact, mentioned as a possession of the abbey in a charter of Edward 1, dated 18 October 1305 708. They were disponed by Adam, Commendator of Dundrennan to Edward Cairnis in 1559: this was on the eve of the Reformation, and it may be hazarded that the worthy Commendator, seeing what was afoot, was disposing of the abbey properties for his own benefit. After some further changes of hands they came into the possession of John McClellane, 2nd son of Thomas McClellane of Colyne, in 1633709. John McClellane had a son, William, to whom he disponed Auchengool in 1670, and who appears to have died without issue. John also had three daughters of whom the eldest was Janet McClellane, who married Thomas McCulloch, portioner of Auchinlarie, and had a son, William McCulloch, subsequently of Kirkclaugh. The others were Anna and Helen, both of whom married and had issue. After the death of his uncle, William McClellane, which occurred sometime before 1749, William McCulloch, now of Kirkclaugh, and his eldest son, John McCulloch, afterwards of Torhouse, after some complicated legal procedure, acquired the interests of the other heirs in Aucbengool. On the death of his father in 1749, John McCulloch made

708 709

The Abbey of Dundrennan. (Christie page 68). Auchengool Titles.

209

197 over the property to his third brother, Edward, as his share of their fathers estate. The agreement between them was dated 1749 but the transaction was not completed until 1770710. Edward McCulloch of Auchengool appears, in his youth, to have been something of a rake, to have been involved in the smuggling trade, at that time very popular in Galloway, and to have owned a yaught on the coast711. On the death of his brother in law, Edward McCulloch of Ardwall, Edward was one of the guardians appointed to the latters young children, David, Elizabeth and Janet, who were, of course, his own nephew and nieces712. He had always been friendly with the family and for a time had stayed with his sister at Ardwall. This had unfortunately involved him in a serious scandal with the childrens governess, Janet McCulloch, a sister of Henry McCulloch of Torhousekie, and his own distant relative. The upshot was that Janet raised an action of Declarator of Marriage against him, partly, no doubt, for the sake of her reputation, and partly to compel Edward to make some provision for her. The case is still quoted as an authority in legal text books713, where the facts are given, succinctly as follows. Edward and Janet were nearly related. Their fathers had each estates. They had been acquainted from infancy, and, at the time when the connection was first formed, she was living with Edwards brother in law, where he himself resided, and to whose family she acted in the capacity of governess. Janet alleged that they then

Auchengool Titles. W.S. Session Papers XXVII 35. 712 Ardwall Papers 588 etc. 713 II Paton 33 (M 4591).
710 711

210

198 formed for each other a sincere and mutual love and affection and, in consequence of Edwards most serious and repeated addresses, a marriage was then privately concluded between them in March 1750; but as Edwards estate was inconsiderable, it was deemed prudent to keep it private, and, on this account, no solemnization took place. She remained in this house until she became pregnant, when she removed to her mothers. Edward, on the other hand, averred that, while at his brother in laws, he slept in the summer house in the garden, detached from the dwelling house, which was crowded with children and servants; but Janet got into a way of coming to the summer house where Edward lay, after the rest of the family were asleep. Her first visit surprised him; but she repeated her visits and, taking care to come dressed suitably to her inclinations, only in a loose gown and smoke petticoat, at last gained her point. These interviews were, however, discovered; she was watched, missed one night out of her bedroom, and the matter being narrowly inquired into, she was turned out of the house. She retired to her mothers, big with child; and afterwards agreed to accompany Edward to the Isle of Man. Here, it was further alleged by Janet, they lived and cohabited together as man and wife at bed and board for six months: she bore him a child and it appeared from the proof that he called in a midwife and paid her. He attended the birth and baptism of the child, bespoke the godfather and godmother, and never for an instant discovered that the child was illegitimate: and the child was registered in the parish without being called a bastard. A proof was led applicable to the cohabitation and habit and repute while in the Isle of Man. The proof led on this particular was as follows:-

211

199 First, that when they arrived there, Edward asked for separate rooms and separate beds, that Janet appeared to be with child, that afterwards they assumed the character of man and wife, cohabiting as such at bed and board, this, as Edward explained, merely as the cloak or guise to insure her that attention and civility during her inlying which she could not otherwise receive. The person who baptised the child did not ask them if they were married, but, believing them to be so, baptised the child as a legitimate child. There was no current or general report of habit and repute. It was only vague and conjectural statements, confined to a few persons, and such as necessarily arose from their short stay in the Isle of Man: but to the extent to which it went, it supported a belief that they were married individuals, After leaving the Isle of Man, she returned to her mothers house in Scotland, where, on four several occasions, he visited her, and, with the knowledge of her sisters, persons of good character, slept with her. Edward was successful in defending the action in the first instance, but the judgment in his favour was reversed on appeal. Finally Edward took the case to the House of Lords and succeeded in clearing himself. The papers in the case714 well repay perusal, not only for the picture which they give of life in Galloway at the time, but also for the quaint, and often amusing, style of the old pleadings. Janet opened with an appeal for the pity of the court it is with no small concern that she finds herself involved in a question of this

714

W.S. Session Papers XXVII 35.

212

200 importance upon the Issue of which must depend her Character in this World, whether she shall be found the Defenders lawful Wife or his Whore. Edward, by means of his Relation, had easy and free Access to her: he was then well advanced in Years, not a Stripling to be easily seduced by the Artifices of an innocent young Woman. His Attachment was no Secret in the Family: his Courtship was obvious. To which Edward replied that the Courtship was wholly upon her Part and neither conducted with the Decency becoming her Sex, nor with any View to Marriage. She was several years older than he, and when he gave no Discovery to any Attachment to her as could encourage her Hope for Marriage, she gave loose to her desires, and, with unbecoming Forwardness, sought the Man more than the Husband. Many local people gave evidence of Janets good character and their opinion that she would never thus have made sacrifice of her Virtue if there had not been a marriage, definite, even if secret: among them, Edwards brother, John McCulloch of Torhouse, and John McCulloch of Barholm, who had her Character of being an innocent, modest, virtuous, Woman, with a truly remarkable share of Innocence and Modesty in her Looks, Elizabeth Agnew, wife of Edward Boyd, the Minister of Wigtown, had wagered a pair of gloves with David McCulloch, Edwards brother, that he and Janet were decently married. And David, having visited them in the Isle of Man, and observed their conduct, had returned to admit having lost his wager. One of Edwards chief witnesses was his sister, Janet, and there may well have been something in the governesss accusation that she had tampered with the evidence, especially that of the household at

213

201 Ardwall, for example, that of Alexander Macadam, one of the servants. He deponed that he had been at Ardwall at the time in question and during that time Janet slept in a room beyond that where he lay and he did frequently observe her, a little before or about midnight, pass by the room where he lay, having observed her betwixt him and a window which gave some light, and that she commonly returned before day in the morning: and he was jealous and did suspect that she in that time was with Edward in a summer house where he lay, a little detached from the rest of the family: and he believed that she went out of the house at those times because when she went downstairs he heard the geese and poultry in the court make a noise: that the family, suspecting this practice of Janets, Mrs McCulloch of Ardwall did frequently go into her room to see if she was in at night, and, missing her, caused bolt the outer doors of the house, that she might not return without a discovery. Besides her two sisters, Jean and Grizel, Janets main supporter was her brother, Henry McCulloch of Torhousekie: indeed, his evidence was more than once challenged on the ground that he had openly admitted that he advanced the money in the process for Janet and that he may be a Loser by the Issue of the Case. It is to be feared that the poor fellow was. The inevitable result of this unlawful Commerce was the dismissal of Janet and the journey to the Isle of Man, the full details of which appear in the evidence and, it must be admitted, lend strength to Janets case. Edward, although he was there with Janet for six months, dismissed it, lightly, as retiring into a remote Corner to be delivered of the Fruits of an illicit Amour.

214

202 On his return to Galloway, Edward continued his attentions to Janet and, by her story, was admitted to their house at Clary by her old mother and her sisters on the understanding that he was her husband. To Edward, however, it was only in the Style of their former Amour favoured and connived at by the Family in the Hope of drawing him at last to an Acknowledgement of the Marriage'. Eventually, Edwards affection having by degrees cooled, and his visits become less frequent, Janet pressed to have the marriage published: whereupon he threw off the mask and refused to acknowledge her for his wife, chusing to ly under the Imputation of having debauched a virtuous young Woman, his own near Kinswoman, and in every Respect his Equal. Janets baby, a boy, survived only a few weeks and of Janet herself nothing further is known. Edward eventually married Nicolas, daughter of Alexander Blair of Dunrod715. He died on 5 July 1795716, leaving issue:1. 2. 3. William McCulloch, of whom hereafter. Alexander McCulloch717 John McCulloch, who died unmarried about 1790718

WILLIAM McCULLOCH OF AUCHENGOOL William McCulloch married Sarah, daughter of the Rev. James Laing, Minister of Glassertoun, and had two sons, of whom only one survived719.

McKerlie V 127. Auchengool Titles. 717 McKerlie V 127. 718 Ardwall Papers 1794. 719 McKerlie V 127.
715 716

215

203 JOHN RAMSAY McCULLOCH OF AUCHENGOOL John Ramsay McCulloch was born at Whithorn on 1 March 1789. His father died when he was still in infancy and he was reared and partly educated by his maternal grandfather, Dr. Laing. His mother having remarried, he resided with her and her husband, Dr. Dempster, at Kinross, and attended school in that town for a few years. In 1805 he removed to Edinburgh and began his studies at the University in that city. He was intended for the law but soon found it was not to his taste and he forsook it for the more congenial study of political economy, which he did so much to advance and illustrate. In 1817 he became a contributor to, and, shortly afterwards, editor of the Scotsman newspaper, which post he retained till 1827, and, thanks largely to his efforts, it became famous for its political economy and enjoyed a considerable reputation throughout the country. At the same time he was a regular and prolific contributor to the Edinburgh Review, of which Jeffrey was then editor, and lectured both in Edinburgh and London on a variety of subjects connected with political economy. An abortive attempt was made in 1825 to persuade the Government to endow a Chair of Political Economy at Edinburgh, and to confer the office on McCulloch, but, two years later, he accepted the Professorship of Political Economy in the University College of London, which he resigned in 1832 simultaneously with the production of his Commerial Dictionary, on which such a large measure of his reputation rests. Beside this, he was the author of numerous other works.

216

John Ramsay McCulloch of Auchengool

217

204 His persistent advocacy of liberal measures gave him strong claims on the Whig Government and, after some disappointments, he was, in 1838, appointed by Lord Melbourne, to the Comptrollership of the Stationery Office, which he held with much distinction for the rest of his life. He was a warm admirer of Sir Robert Peel, a feeling doubtless enhanced by the latters bestowal on him in 1846 of a pension of 200 a year, which, apart from the honour conferred, was no small assistance to a man with a large family. Physically, Mr McCulloch was tall, of strong constitution, and by his portraits, good looking but frequent attacks of bronchitis much weakened him during the last two years of his life. He married early and most happily, and died at the Stationery Office, Westminster on 11 November 1864, the 53rd anniversary of his marriage, in the 76th year of his age. He was interred in the Brompton Cemetery and there his widow, Isabella Stewart, was laid by his side in July 1867720 721. John Ramsay McCulloch sold Auchengool in 1856722. He had the following issue:1. William McCulloch, who was born in 1816 and entered the army in 1834. He was employed in India from 1835 till 1867, mainly as political agent at Manipore. He retired from the army as a lieutenant-colonel in 1861, having published an account of Manipore and the Hill Tribes in 1859. He died at Shillong, Assam on 4 April, 1885723. 2. John McCulloch724

Biographical Notice by H.G. Reid (John Ramsay McCulloch's son in law). Dictionary of National Biography. 722 Auchengool Titles. 723 Dictionary of National Biography. 724 McKerlie V 127.
720 721

218

205 3. 4. 5. 6. 7. 8. 9. 10. David McCulloch Alexander McCulloch Margaret McCulloch, who married J. Cox, Edinburgh. Christian McCulloch, who married H.G. Reid of H.M.Stationery Office. Sarah McCulloch, who married W. Mackay of H.M.Stationery Office. Isabella McCulloch, who married Peter Black. Writer in Glasgow. Mary McCulloch, who married J. McLennan, Advocate. Robina McCulloch, who married James Macdonald, Manchester.

219

McCULLOCH OF NETHER ARDWALL Arms: Quarterly, first and fourth, ermine frette gules within a bordure of the last: second and third, argent, a saltire sable between a mullet in chief and a roundel in base, all sable: Crest: A hand throwing a dart proper: Motto: Vi et animo725

725

Andrew Jameson McCulloch, younger of Ardwall, Lyon Register, XV 50.

220

206 THE FAMILY OF McCULLOCH OF NETHER ARDWALL WILLIAM McCULLOCH (i) OF NETHER ARDWALL. THE first of this family was William McCulloch, but his identity has not yet been proved. There are grounds, however, for believing that he was the son of Alexander McCulloch, himself the son of David McCulloch, the progenitor of the family of McCulloch of Barholm (see page 168). A Great Seal Charter of 1536726 refers to the 5 marcatas terrarum de Ardowale quas Alexander McCulloch fiius de David McCulloch de Conquitoun occupabat et Manurabat. In 1561, Alexander McCulloch, in Ardwall, presumably the same person but possibly, a son, was a witness to the marriage contract between Thomas McCulloch of Cardiness and Katharine Gordoun (see page 151). He appears to have been still alive in 1580727, when he was described as a brother of John McCulloch of Barholm. But since the terms of the Great Seal Charter of 1536 are quite explicit, there is here a direct conflict of evidence unless, perhaps, the Alexander of 1536 and the Alexander of 1580 were not the same person, or even father and son, but uncle and nephew. In either case Williams descent from the family of Barholm, and, thus, the family of Cardiness, would seem certain. In 1583 William McCulloch first appeared on record, described as in Ardwall, in a contract registered in the Commissary Court Register of Kirkcudbright728. This same record gives the name of

Registrum Magni Sigilli 1513/46. 1608. Acts and Decreets LXXXI 261. 728 Register House Records (R. C. Reid).
726 727

221

Feu Charter by William McCulloch of Myretoun and Cardeness and Marie McCulloch, his spouse, in favour of William McCulloch in Nether Ardwell, of the 5 merk lands of Nether Ardwell, dated at Wigtoun, 12th January, 1587.

222

207 Williams mother was Janet McCulloch and it was thought that she might perhaps be identified with Janet McCulloch, who appeared on record in a litigation in 1555, and who was a daughter of Ninian McCulloch of Cardineas729. But this Janet must have been born before 1509, when her father died, and was still unmarried in 1555. She cannot well, therefore, have been the mother of William. The definite solution of the problem of William's parentage must await further evidence: meantime, it is significant that when, in 1587, Marie McCulloch of Cardiness and her husband, William McCulloch of Myretoun, granted a feu charter of the 5 merk lands of Nether Ardwall to William McCulloch730, the latter was referred to in the deed as our cousin'. William was thus promoted from the position of tenant to that of laird of Nether Ardwall in 1587. Bare dates are apt to be meaningless and it is not without interest to consider what this meant in terms of contemporary history. In Scotland the Reformation was an accomplished fact and, in his childhood, William had perhaps witnessed the last days of the great monastic houses of Galloway such as Dundrennan and Glenluce. James VI was on the throne of Scotland and William would perhaps recall the flight through Galloway in 1568 of his unfortunate mother, Mary, Queen of Scots, to a long imprisonment in England which was at this very time on the point of being brought to an end on the block at Fotheringay. In England, Queen Elizabeth was at her zenith and within a year the invincible Armada was to be scattered to the winds. William,

729 730

Acts and Decreets XII 392. Ardwall Papers I.

223

208 indeed, may have been a witness of this great disaster, for three Spanish galleons are said to have come finally to grief on the Galloway coast, one on the rocks below Cruggleton on the shore of Wigtown Bay immediately opposite to Ardwall731. But William would have little time to consider these rather distant affairs; as a small farmer he was fully occupied in scratching a living from his none too fertile acres. It would be unfair, however, to judge the extent of his activities by the inventory of his estate at the time of his death, from which it appears that his stock consisted only of certain drawing oxen, certain stottis, tuelf ky, twa wark meiris, and a number of auld scheip. It should be remembered that these were the days before the introduction of turnips, cattle cake and other modern means by which farm stock now subsists through the winter. In his time it was essential to slaughter in the autumn all but the barest minimum of stock, which was condemned to several months acute starvation and to an emergence in the spring, in some cases, from sheer weakness, almost unable to walk. William died on the 1st December 1600732 and by his will, which was made on the day of his death, he constitut Margaret Muir, his spouse, ane executor, and Elizabeth McCulloche his eldest dochtir, the other exor., and William McCulloch of Mairtoun oursear to the wyff and bairnee and onlie tutor to the bairnes: he leaves his son, Thomas, to the laird of Mairtoun, his cheiff, togidder with the proffeit of Balmacrail, exceptane the twa zeiris next to cum to keip to pay debt: as to the thrid that pertenes to him, he leves ane hundredth merks to be gevin out of it to his dochtir Elizabeth by and attour her awin

731 732

Agnew's Hereditary Sheriffs 214. Ardwall Papers 145.

224

FAMILY AUTOGRAPHS - I

Margaret Mure, wife of William McCulloch (i) of Nether Ardwell

(above) Thomas McCulloch of Barholm (below) Thomas McCulloch of Nether Ardwell

William McCulloch (ii) of Nether Ardwell

John McCulloch, Son of Thomas McCulloch of Nether Ardwell

Execution of the Marriage Contract between James, son of John Bell of Archland, and Marion, 2nd dr. of William McCulloch (ii) of Nether Ardwell. The witnesses are, John Bell of Whiteside, the martyr, John McCulloch in Laggan and William McCulloch (iii) of Nether Ardwell, brother of the bride.

225

209 part of the rest, and that that remains of his thrid to be equallie dealt amang his bairnes: and ordanes the Ardwall to remain with his wyffe undevydit during her widowheid..... togidder with thre firlottis meill of the croft of the add place qlk he sould him payit to James McClellane: as also that he will be good to his wyff and his bairnes, as he hoipis that he will be: and he levee his bussing to him and thame togidder. Item, he leves to the gudman of Bardarroch xx lib., and that because he promesit as ane lulling friend nevir to alter his wyff and bairnes na manner of way but as he usit himself as before, as he has promesit, qlk as I holp he will performe733. William McCulloch married Margaret, daughter of Alexander Muir of Cassencarrie and Jean Hannay, his spouse734. The latters second husband was William Maxwell of Auchinlarie, whose natural son, John Maxwell735 was one of the murderers of John McCulloch, merchant and burgess of Kirkcudbright, and a member of the Barholm family. William and Margaret had issue:1. Thomas McCulloch of Nether Ardwall, of whom hereafter.

2. David McCulloch, who left Scotland shortly before 1638 to seek his fortune as a soldier on the continent, which was then in the throes of the Thirty Years War. This information concerning him is derived from a series of five letters written by his son, Captain Anthony McCulloch, during the years 1670 to 1673736, one, clearly, in error, to Sir Alexander McCulloch of Myretoun, and the other four to William McCulloch (ii) of Ardwall. That to Sir Alexander is addressed on the back as follows: These for my loveing cusin, Sir Alexander McCulloch, at his house in Martin, in the Shire of Galloway in Scotland, and is dated from Gent 2 September 1670, and related to the writers family and genealogy, as all his letters chiefly do. After a few prefatory remarks he has the following,

Ardwall Papers 145. Ardwall Papers 157. 735 Ardwall Papers 160. 736 Ardwall Papers 146-150.
733 734

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210 Sir, my earnestness in writing to you is because a relation I had of my fathers, when he was alive, of his kindred, which was that his fathers name was William, whome had two sones whereof your father was one and my father, David McCulloch, another, and his brother, your father, married and had three sones, and that your grandmothers name was Margaret Moore: this I heard of my father who came last out of Scotland in the year 1640 or thereabouts, when he left his brother alive and his three sones, whereof, I am assured, you are one of them, and I earnestly desyre to know the truth of your haveing no relations of my fathers syd in this cuntry where I am settled, and in command, a Captain in an English regiment in the Spanish service commanded by the Earle of Castlehaven. The writer then goes on to give abundant proof that he had true Scottish blood flowing in his veins in these closing words of his, The great kyndnes I bear to my fathers cuntry and cuntrymen makes me the more desyreous to hears from you that soe iff any of our relations pass this way I may help them in anything lyes in my power which I should wihinglie doe, and then adds, Noe more, but my kind love to yourselfe and all other friends though unknown to me, I am, Your verry loveing cusine, Anthony Macolloch, with this postscript, If you favoure me with an answer, be pleased to direct your letters to Capn. Macolloch to bee left at Sir Mark Oneatys house in Briddges in Flandres. At this time Europe was enjoying a short respite from the wars into which the territorial ambitions of Louis XIV were to plunge it for the greater part of the 72 years of his reign. Anthony McCulloch belonged to a regiment in the Spanish service which was probably part of the garrison forces serving under Charles II of Spains viceroy in the Low Countries. Captain McCullochs next letter in chronological order of dates, is from Nauagne 25 August 1671 and is addressed on the back, These for my deare cusin

227

211 William McCulloch, dwelling in Nethere Ardwell in Galloway. It begins, Your letter of the 25th of March is just now come to my hand by accident. The reisone I believe that I gott it not sooner was that wee have beene all this campagne to this place being a fronteere to Germany and France, nevertheless I rejoyced much at the receipt of it since it brought me the assurance of our consanguinitie and lykew ayes of your good health and condition wishing a continuance of it my condition, I thank God, is very well, and lykewayes my familly. I have been maryed this twelve yeares and have had seaven children and they are all dead save one boy called Joseph, of nyne yeares, and as for my brother, Thomas, he was odder than mee and was killed against the French soe that I remain the alone son of my father aged about fourty yeares as you were pleased to writt me concerning a breef cronollogie of our progenitors as lykewayes of our coate of armes with the --- I would willinglie intreat you (except it be too great a trouble to you) to cause draw it out and send me with the first convenience, it being of very greate utility to me in this cuntry. It is of interest to note that among his contemporaries serving in Flanders was an Ensign of Foot Guards named John Churchill who was to become the celebrated Duke of Marlborough. 3. Elizabeth (Elspeth) McCulloch, their eldest daughter, who was appointed an executor under her fathers will. She married Archibald Hannay737. 4. Jean McCulloch, who is mentioned in the Inventory of her maternal grandmother, Jean Hannay, as a creditor on her estate738. THOMAS McCULLOCH OF NETHER ARDWALL Galloway is generally credited with having been, at the beginning of the 17th century, a desolate and treeless waste of bog and moor, where the inhabitants spoke an uncouth Gaelic dialect, dressed in rags, and

737 738

Ardwall Papers 152. Ardwall Papers 152.

228

212 lived in dirty thatched hovels739. It is pleasant, therefore, to be able to produce some evidence to contradict this. William Lithgow, the celebrated traveller, after seeing more of the world than most of his contemporaries, and having traversed the province in its entire length and breadth, bears an agreeable testimony to the condition of our ancestors. I found here, he says, in Galloway, in divers roadeway innes all good cheere, hospitality, and serviceable attendance as though I had been engrafted in Lombardy or Naples. Likewise their Nobility or Gentry are as courteous and every way generously disposed as either discretion could wish and honor command. Certainly Galloway is become more civil of late than any maritime country bordering the Western Sea. The wool of which country is nothing inferior to that of Biscay in Spain, nay, the Calabrian silk had never a finer lustre and softer gripe than I have seen and touched this growing wool there on sheeps backs. The mutton whereof excelleth in sweetness. So this country aboundeth in bestiall, especially in little horses, which for metal and riding might rather be termed bastard barbes than Gallowegian nagges.740. It was to this scene that Thomas McCulloch succeeded his father, apparently while still a child, in 1600. He, too, was a bonnet laird and farmed his own small farm. In this he seems to have prospered for in 1615 he was able to buy the land known as the Merse of Cardiness at a price of 1000 merks 741. He also acquired from William McCulloch of Myretoun and his son, Alexander, the superiority of Nether Ardwall, which was thenceforth held direct of the Crown and not feu of Cardiness742.

Graham: Social Life of Scotland in the 18th Century 3. 740 Agnew's Hereditary Sheriffs 265. 741 Ardwall Papers 182. 742 Ardwall Papers 5.
739

229

213 There is some evidence of a lawless streak in the character of Thomas. In 1615 Sir Gideon Murray of Elibank complained to the Privy Council743 that, a part of the first and second terms payment of the taxation granted to the King in October 1612 for the lands and barony of Cardiners having remained unpaid, the pursuer employed Johne Hutoun, messenger, to poind the reddiest goodis and geir on the said landis. On 6 April the said Johne went to the lands of Ardwell, quhilk is a proper pairt and pertinent of the said barony, and apprehended a gray naig. He was there attacked by Thomas McCulloch of Ardwell, had the naig which he had apprisit, taken from him, and was deforced. The upshot of these proceedings is not known but some twenty years later, in 1637, Thomas was again in similar trouble744, on this occasion with the Bailie of the Stewartry of Kirkcudbright, for the alleged bloodletting of William McConquhy in Laggan. Thomas indignantly denied the offence, but with what success, cannot be ascertained. In 1607 he had to find surety that he would not harm his mother, Margaret Muir745. Yet again in 1614 Thomas, along with Thomas McCulloch of Barholm, had to find caution for bluid and trublance to Robert Maxwell at Culnachtre. Despite this tendency, a not uncommon one at the time, Thomas was the friend and adherent of Samuel Rutherford. This celebrated divine was almost a contemporary of Thomas and was born about the year 1600 in the village of Nisbet in Roxburghshire. He was educated in Jedburgh and at the recently founded University of Edinburgh where he graduated M.A. in 1621. Two years later he became Professor of

Register of the Privy Council 1st Series X 374. Ardwall Papers 188. 745 Register of the Privy Council VII 665.
743 744

230

214 Humanity there but in 1627 resigned his chair owing to some irregularity or indiscretion in connection with his marriage. In that year he was appointed to the parish of Anwoth at the invitation of John Gordon, Viscount Kenmure, who at that time resided at Rusco with his lady, one of Rutherfords most intimate correspondents and a sister of the great Marquis of Argyll. There he prosecuted his duties with great zeal and diligence. In 1636 he published his first book, a theological work, Exercitationes de Gratia, which attracted some European notice, but also led to prosecution by the Bishop of the Diocese, Sydserff, an intolerant and unpopular man, suspected of leanings towards popery. The upshot of this was that Rutherford was deposed from his parish and confined for nearly two years at Aberdeen it was during this time that he wrote the greater part of his celebrated Letters. He was present at the signing of the National Covenant in 1638 and in the following year he was restored to his parish. But by this time his talents and abilities had been recognised by the church authorities, who considered that he would be of more use to his church in a wider field than that offered by the secluded parish of Anwoth. But he was as loath to leave his devoted flock as they were to lose their beloved pastor. An impassioned and pathetic appeal against his removal was submitted, signed by nearly 200 of his flock, at their head Johnne Gordoun of Cardness, which stated, among various other cogent arguments, that at ye entrie of ye said Maister Samuell our sodes were under that miserable extrearne femine of ye word that we had onlie ye puir help of ane sermone everie second sabboth, by reason of ane most inconvenient union with uther twa kirkis (Kirkdale and Kirkmabreck) and ye want of ane steipand. If they lose

231

215 Rutherford they have little hope of getting another minister except he serve for the same stipend of twa hundred merkis scottis After much argument, the Assembly insisted, and Rutherford was appointed Professor of Divinity at St. Marys or New College, St.Andrews, and soon afterwards became the colleague of Robert Blair in the church there. From 1643 to 1647 he was one of the eight commissioners from Scotland to the Westminster Assembly summoned by Parliament to settle the government, worship, and doctrine of the Church of England, and did great service for his cause. In 1647, after declining invitations, to chairs at Harderwijk and Utrecht in Holland, he became Principal of New College, St. Andrews, and, four years later, Rector of the University. After the Restoration of 1660 he was much persecuted, deprived of his offices, and his Lex Rex, a treatise on constitutional law, ordered to be burned by the common hangman. He himself was charged with high treason, but his health had broken down, and shortly afterwards, before his trial and, to judge by the fate of a number of his friends, inevitable martyrdom, he died on 20 March 1661. Although he was the author of numerous ponderous works, mainly religious, his fame rests chiefly on his Letters of which Wodrow writes, He seems to have outdone himself as well as everybody else in his admirable and every way singular letters, which, though jested upon by profane wits, because of some familiar expressions, yet will be owned of all who have any relish of piety, to contain such sublime flights of devotion and to be fraughted with such massy thoughts as loudly speak a soul united to Jesus Christ in the closest embraces and must needs at once ravish and edify every serious reader.

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216 Rutherford lies buried in the Chapel of St Regulus at St. Andrews. In 1842 a granite monument, 60 feet in height, was erected to his memory on an eminence a short way eastward of his old kirk, from which a magnificent view is obtained of the district in which he laboured and which he loved so dearly746. One of Rutherfords letters, written on 5 January 1638, shortly before Thomas death, was addressed to His Reverend and Respected Friend, Thomas McCulloch of Nether Ardwell, Reverent and much respected, - Grace, mercy and peace be to you. I long to hear how your soul prospereth, and I expected you would have written to me. My earnest desire to you is, that you would seek the Lord and his face. I know that you are not ignorant that your daylight is going fast away and your sun declining. I beseech you by the mercies of God, and by the wounds of your redeeming Lord, and your dreadful compearance before the awesome judge of quick and dead, make your account clear and plain with your Judge and Lord, while ye have fair daylight, for your night is coming on. Therefore, I pray you, judge more of the worth of your soul, and know that if you are in Christ, and secure your own soul, you are blessed for ever. Few, few, yea very few are saved. Grace is not casten down at every mans door; therefore speed yourself and others upon seeking Christ and salvation; and learn to overcome, in the bitterness of your soul, your sins in time. It is not easy to take heaven, as the word faith, by violence. Keep your tongue from cursing and swearing; refrain from wrath and malice; forgive all men for Christs sake, as you would have your Lord forgive you. I pray you, seeing your time is short, make speed in your journey to heaven, that you may secure a lodging to your soul against night. Remember my love to your wife, William, your son, and the rest of your children. Grace be with you. Yours at all hours, in Christ, S.R

746

From Encylopaedia Brittanica & Gilmaurs Life of Rutherford.

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217 Thomas McCulloch died just before Rutherford was translated to St. Andrews and does not appear as one of the signatories of the above petition. The name of his son, William, was, however, included. Both Thomas and William were among the large number of parishioners of Kirkmabreck who signed the petition against the service book in 1637747. This was part of the agitation which led to the National Covenant of 1638, a signal success for the covenanting movement of which Galloway was one of the chief centres. Thomas McCulloch died in April 1638748, it is said, by drowning in the River Fleet749. His wife was Agnes Geddes, who was, according to the family account, of the Drummelzier family. The Culvennan MS states that she was of the Kirkurd family. The two places are, of course, almost contiguous in Tweeddale in Peebleshire. Drummelzier, however, from earliest times until the first quarter of the 17th century, that is, until a time contemporaneous with Agnes Geddes, belonged to a family named Tweedie, who were regarded as hereditary enemies of the Geddes family, of which there were several branches, all more or less closely related, in the neighbourhood750. The chief family was that of Rachan and a branch of the family did own the Kirklands of Kirkurd. But, without further information, any attempt to identify Agnes Geddes more closely is no more than guesswork, though, from a printed pedigree given in Buchans History of Peebleshire, it is possible that she was the daughter of John Geddes of Kirkurd, who died in 1611, and his wife, Margaret Cockburn: arid sister of James Geddes who inherited Kirkurd, and bought

Register of the Privy Council 2nd Series VI. Ardwall Papers II. 749 Culvennan Manuscripts. 750 Chambers History Peebleshire.
747 748

234

218 Rachan from his cousin, Charles Geddes in 1627. He is described as attending the Peebles weaponschawing of 1627 well horsit, with jack, steil bonnet, sword and pistol: with 5 horsemen with lances and swords751. Agnes Geddes survived her husband and was alive in 1645 752. By Thomas McCulloch she had issue:1. William McCulloch (ii) of Nether Ardwell, of whom hereafter.

2. John McCulloch, who appeared as a witness on several occasions between 1648753 and 1658754 and was mentioned in a will made by his brother, William, in 1661 755. He may, perhaps, be identified with John McCulloch in Glen who was fined 400 for presbytery in 1662756. 3. Barbara McCulloch, who, being unable to write, executed by a notary in 1647, a discharge to her brother, William, for her share of her fathers estate757. 4. Marion McCulloch, who married John Bell, son of John Bell of Whiteside, the contract being dated March 1648758. Her husband was dead by 1661759 leaving a son, also John Bell, whose martyrdom in 1685 is commemorated on his tombstone in Anwoth Kirkyard, Here lyes John Bell of Whitesyde who was barbarously shot to death in the paroch of Tongland at the command of Grier of Lag anno 1685. This monument shall tell posterity That blessed Bell of Whitesyde here doth ly Who at command of Bloody Lag was shot, A murther strange which should not be forgot. Douglas of Morton did him quarter give, Yet cruel Lag would not let him survive. This martyre sought some time to recomend, His soul to God before his dayes did end.

Renwick Historical Notes on Peebleshire Localities. Ardwall Papers 222. 753 Ardwall Papers 189. 754 Ardwall Papers 191. 755 Ardwall Papers 289. 756 Nicholson II 123. 757 Ardwall Papers 214. 758 Traditional Tales 431. 759 Scots Peerage.
751 752

235

219 The tyrrant said what devl yeve prayed enough This long seven years on mountains and in cleugh So instantly causd him with other four, Be shot to death upon Kirconnel Moor. So thus did end the lives of these deare sants For there adherence to the covenants. Nicholson760 gives a circumstantial and lively account of the capture of John Bell and his comrades but unfortunately does not state from where he derived his information. In February 1685 Sir Robert Grierson of Lagg, attended by Colonel Douglas in command of detachments of Claverhouses troop of horse and Strachans dragoons, after having levied heavy contributions in Wigtownshire left the County town early on the morning of the 20th of that month to proceed to Dumfries. The party having reached Gatehouse of Fleet, then a lone public house, in the afternoon, halted to bait their horses and refresh themselves. Some hours were consumed in supplying the wants of so unusual an influx of guests; so that, before orders were given to remount, the night was fast closing in. Their route lay across a dreary tract of country, which appeared to them still more desolate through the gloom of night. But the horses being much invigorated by their recent halt pushed steadily forward; and their riders, having liberally patronised mine hosts brandy, trolled a song or cracked a joke to enliven them on the way. They passed the Cairns of Enrick, and had entered on the Irelandton Moor, where a dense fog rolling upward from the Borgue shore deprived them of the little twilight which remained. Slackening their speed, they threw the reins on the horses necks, and trusted to their sagacity to carry them through the mosses and haggs which obstructed their progress through the moor. After proceeding sometime in this cautious way, they found the difficulties of the road increase; and at last the leaders became apprehensive that they had wandered from the track. Lagg was consulting one of his officers on the expediency of sending back some of the men to Gatehouse for a guide, when a trooper rode up and reported that he saw a light a little to the left. Cheered by this intelligence, they spurred briskly on and soon arrived at the house from which the light proceeded.

760

Traditional Tales 431.

236

220 The house belonged to a small mailen or farm, called the Gordon Cairn, and was tenanted by Gabriel Rain. The only inmates on that night were Gabriel and his wife, an aged and frail couple. As soon as the old man heard the tramp of the horses, he told his wife to stir up the fire, that a strong light might be thrown from the window, while he himself went to the door. Before he had recovered from his surprise at seeing so many horsemen, Lagg demanded with a gruff voice, if they were on the right road for Dumfries. Na, gentlemen, said the old man, yere clean affy the road for Dumfries, but yeil get ont again, if ye haud weel to the know tap down by, and then turn to yer -. We want something else than directions, said Lagg impatiently, we have wasted too much time already on your cursed moor. You must come with us and point out the road. Gabriel tried to excuse himself on account of his age and infirmities. Pull up the old carle behind you, cried Lagg to one of the troopers, if he will not walk, he shall ride. Gabriel begged to be allowed to walk, and offered to go with them till they came within sight of Calfarran, where they would find somebody more able than he was to guide them. Lagg assented to this, they again moved on, and in a short time the old man pointed out the lights of Calfarran. On taking his leave of them he bade them haud straight for the lichts, an five minutes wad bring them to the farm house. Without ceremony the officers of the party entered the house, which was a small thatched cottage, when they found the gudeman, Thomas Clinton, seated in the midst of his family. Being made acquainted with the purport of their visit, Atweel said Thomas, yere no aboon a bowshot aff the road. Ill put ye ont, but yell have to gang doon the spoot of Auchentalloch, a road Im no unco fond o mysel in the dud o nicht. But you sodgers hae nae fear o God or deevil. Thomas was a shrewd fellow, but this ambiguous compliment was ill timed and was far from being relished by his visitors. Whatever were his reasons, Lagg seems to have altered his intention of proceeding direct to Dumfries, and began to question Clinton closely about his neighbours. Among other interrogatories he asked him if he knew Mayfield. O eye, said Thomas, whose suspicions were now fully aroused by the drift of the questions, I ken Mayfield and the man thats int too: but yere far frae it, and a coarse road jts taet. Ye canna gang there the nicht. Be the way as rough and crooked

237

221 as the covenanters road to Heaven, said Lagg, I go there tonight and you shall guide us. Looking around, he continued, Whose blue bonnet is that? And what old book is that? Your family bible? I have heard enough of the disaffection in this quarter; so clap that rebel bonnet on your head, and instantly accompany us to the Whiggamoor at Mayficld, and, added he, pointing significantly to his pistol belt, beware lest ye trifle with me. Thomas Clinton was a covenanter, but none of the strictest of that sect, having no extra zeal for the honours of martyrdom. Thinking it excusable to ternporise with the ministers of Satan, he shewed much alacrity in complying with the demands of Lagg: and in a short time the whole party set forward on their way to Mayfield, a distance of about two miles. On passing the Birkford Moss, one of the officers proposed that their guide should give them a song. Thomas declared he could not sing; but volunteered a tale to amuse them on the way. The other, however, insisted on his singing. Weel, said Thomas, Ill een do the best I can; but you maun tell me what kin o sang to gie, whether it maun be a Whig or a Tory ane. O damn your Whig songs, replied the officer, give us Awa Whigs, Awa. This was just what Thomas wanted, so he began to sing, some of the soldiers joining in the chorus. As they drew near Mayfield he raised his voice to the highest pitch in the hopes that the Hallidays might receive warning of their approach. Nor was he disappointed. For, on entering the house, the door of which was open, they found it deserted. A large peat fire was blazing on the floor, several dishes of oatmeal brose smoking on the table; and sticks, bonnets and chairs in confusion about the apartment. Lagg, seeing the house in that condition, exclaimed, Damn the dogs, they have been here, but were alarmed by the singing of that old rebel. One of the troopers drew his sword, and would have run him through, but Lagg interfered and said, No, be he loyal or rebel, he was compelled to sing. Considering a successful pursuit impracticable in the dark, Lagg resolved to remain all night at Mayfield, and search for the fugitives in the morning. He therefore gave orders to provide for the horses and men in the best way circumstances would permit and then, being considerably fatigued, took a seat by the fire. In the meantime Thomas Clinton displayed the utmost readiness in pointing out the different out-houses, suggesting how the horses should be disposed

238

222 of, and in short, doing everything in his power for the accommodation of all. Thrown completely off their guard by the apparent fidelity of their guide, no one thought it necessary to watch his motions. Thomas had anticipated this result, and now taking advantage of their remissness, made his escape out of the hands of the Philistines. By daybreak on the following morning Lagg and his party were in their saddles. Their line of march was for Dumfries; but the troopers were ordered to disperse, to question whomsoever they met, and examine all houses and other probable places of concealment. In going over Kirkconnell Moor, under the shelter of a rock, the main body came upon the unfortunate men who had fled from Mayfield on the preceding night. They were five in number, and consisted of David Halliday, portioner of Mayfield, John Bell of Whiteside, Robert Lennox, tenant of Irelandton, James Clement, and Andrew McRobert. On this occasion Grierson of Lagg seems to have been animated with even more than his wonted ferocity. No resistance had been offered by the unfortunate men now in his power: but their submission only provoked him to add insult to cruelty. When John Bell begged him to allow them a short time for prayer, Lagg unfeelingly answered, What the devil have you been doing so many years among the hills that you now pray for time to shrive yourselves? And thereupon discharged his pistol at his breast, a signal which was instantly followed by the massacre of his companions. David Halliday was interred in Balmaghie churchyard, John Bell in Anwoth Churchyard, and Robert Lennox in the churchyard of Girthon, Andrew McRobert in Twynholm churchyard, and James Clement was buried in Kirkconnell Moor near the spot where they fell. Shortly after the death of her first husband, and before 1664, Marion McCulloch married Alexander Gordon of Cuil and Peninghame. She was the second of his three wives and must, therefore have been dead by 1672, when he married for a third time. On the death in 1663 of his distant relative, Robert Gordon, the 4th Viscount, Alexander Gordon succeeded to the title as the 5th Viscount Kenmure, and, along with it he inherited Lochinvar, Kenmure, and Greenlaw, but not Rusco, which at this point or earlier appears to have diverged or been alienated761.

761

Scots Peerage.
239

223 The 5th Viscount Kenmure was not an ardent covenanter and, in fact took part in the suppression of the Pentland Rising of 1666. But it is said that on meeting Lagg in Kirkcudbright, shortly after the latters murder of the Viscounts stepson, John Bell, in 1685, he drew upon him and but for the interposition of Claverhouse, would have run him through. Later he fought at Killiecrankie under General Mackay, who, in his despatches, admitted that his Lordships men made pretty good fire. He died on 20 April 1698 in impoverished circumstances, leaving a number of children including the following by his marriage with Marion McCulloch762:1. William, 6th Viscount Kenmure, of whom hereafter 2. Jean Gordon who married William Gordon of Shirmers. She died in 1695 and her husband in 1717. 3. Marion Gordon, who married, as his second wife Sir Alexander Gordon of Earlston and had issue a son, William Gordon of Greenlaw and a daughter, Grizzell Gordon who married in 1721 Alexander Gordon of Carlton. 4. Elizabeth Gordon, who married, first, William Maxwell of Newlaw, and second, Samuel Broun of Mollance. William, 6th Viscount Kenmure, was at the Court of the exiled James II at St. Germains, in his youth, and left because, with many others he could not live there as a protestant. On the death and forfeiture of John Bell of Whiteside, William, then Master of Kenmure, appropriated Whiteside. His claim to this as half brother on their mothers side, was inferior to that of yet another John Bell of Whiteside. The latter was a son of Janet Bell, aunt of John Bell, the martyr, and her husband, James Bell, a burgess of Kirkcudbright763. He accordingly took action against the Master of Kenmure

762 763

Scots Peerage. Ardwall Papers 207.

240

224 in 1690 and after sundry procedure764, succeeded in establishing his claim. At this point he agreed to sell Whiteside, and the neighbouring lands of Calside, to his rival765, and himself went to live at Auchinlarie766. William is said to have attended the general gathering at Braemar perparatory to the Jacobite rising of 1715 and, failing to appear when summoned to find bail for his good behaviour, he was declared rebel. He was nominated by the Earl of Mar to the chief command in the south of Scotland. One who came into personal contact with him says, He was a grave, full aged gentleman of a very ancient family, and he himself of extraordinary knowledge and experience in publick and political business, though utterly a stranger to all military affairs; of a singular good temper, and too calm and mild to be qualified for such a post, being both plain in his dress and in his address. It seems only right to add that he was not unaware of his own deficiencies. It is unnecessary to follow the series of military fatuities which ended in his capture at Preston and subsequent death by execution, which he met with great resolution and composure. He married in 1711 Mary, only daughter of Sir John Dalzell of Glenae and sister of Robert, 6th Earl of Carnwath. She is said to have been largely responsible for her husband joining the rising of 1715 and was certainly responsible, by her remarkable business ability, for saving his estate for her son from the results of this participation. She died at Terregles in 1776 leaving the following issue:-

Ardwall Papers 201-207. Ardwall Papers 208. 766 Ardwall Papers 208.
764 765

241

225 1. 2. 3. Robert Gordon, of whom hereafter. John Gordon, of whom hereafter, James Gordon, who died unmarried in 1736.

4. Henrietta Gordon who married her cousin, John Dalzell of Barncrosh, Collector of Customs at Kirkcudbright and Chamberlain of Kenmure, and had issue, Violet who married in 1774, John Leslie 22nd Baron of Balquhain, Aberdeenshire, and had issue a daughter and three sons of whom one became a Count of the Holy Roman Empire. A note of their descendants is given in Burkes Landed Gentry 1937 Edn. The daughter, Amelia Mary, married, in 1801, Alexander Fraser of Strichen and died in 1860 leaving a son, Thomas Alexander, who became the 12th Lord Lovat, a note of his descendents being given in Burkes Peerage 1963 Edn. Robert Gordon, but for the attainder 7th Viscount Kenmure, was born in 1713 and died unmarried in 1741. He came into possession of his estates in 1736 and, Kenmure being then almost in ruins, began the building of the new house at Greenlaw. John Gordon but for the attainder 8th Viscount Kenmure, was born in 1714. He considered joining the rising of 1745 and was actually presented to Prince Charles but, fortunately for him, he thought better of the project. He married in 1744 Lady Frances Mackenzie, daughter of William, 5th Earl of Sealorth, a Roman Catholic and a famous beauty. She died at Edinburgh in 1796 leaving issue:1. William Gordon, but for the attainder 9th Viscount Kenmure, a Captain in the 1st or Royal Scots Regiment of Foot, who died unmarried in Minorca in 1772.
2.

John Gordon, 7th (and but for the attainder 10th) Viscount Kenmure, of the 17th Regiment of Foot and Member of Parliament for the Stewartry of Kirkcudbright. In 1781 he signed a trust deed forbehoof of his creditors and six years later

242

226 sold the Barony of Lochinvar, exclusive of the family burial place at Dairy, to Richard Oswald of Auchincruive. His titles were restored to him by Act of Parliament in 1824. He married in 1791 Sarah Ann Morgan who died in 1815. He himself died in 1840 at the age of 90. 3. Adam Gordon, Captain 81st Regiment of Foot and later, Collector of Customs at Portpatrick where he died in 1806. He married in 1789 Harriet, daughter of Daniel Davies and had issue: a. John Gordon, Lieutenant, Royal Navy born 1790 and died unmarried in 1813.

b. Adam Gordon, 8th (and but for the attainder 11th) Viscount Kenmure. He was born in 1792 and served as a cadet at the battle of Trafalgar in 1805. He married in 1843 Mary Anne Wildey who died in 1872. He died without issue at Kenmure in 1847 when the peerage became dormant. c. 1814. d. Francis Mackenzie Gordon, Lieutenant, 20th Madras Native Infantry who died unmarried in William Henry Pelham Gordon, born 1795 and died without issue.

e. Edward Maxwell Gordon, Lieutenant, 22nd Regiment of Foot, was born in 1799 and died unmarried in Jamaica in 1827. f. Louisa Gordon, who married in 1815 Charles Bellamy, E. I. C. S., who died in 1824. She died in 1886 at the age of 89. Her only son died young and she was succeeded in the estates by the eldest of her three daughters, Louisa Bellamy Gordon, who married in 1837 the Reverend James Maitland of Fairgirth, Minister of Kells, who died in 1872. She had 4 sons and 4 daughters and died in 1899 being succeeded by her second but eldest surviving son, James Charles Maitland Gordon of Kenmure. 5. Margaret McCulloch, who is mentioned by McKerlie767 as having died unmarried. There is no trace of her in the family papers.

767

McKerlie III 50.

243

227 Elizabeth is also mentioned by McKerlie as another daughter. This is clearly an error into which McKerlie has been misled by a false transcription of a pedigree by the author of the Culvennan MS. Elizabeth was not a daughter, but a granddaughter, of Thomas McCulloch, being as has been seen above, a daughter of Marion McCulloch and Alexander, 5th Viscount Kenxnure768. WILLIAM McCULLOCH (ii) OF NETHER ARDWELL Like his father and grandfather before him, William McCulloch was a small farmer, a bonnet laird. By his time, however, the extent of the family activities appears to have increased and he not only owned Ardwall, but also rented Carrick769, and had at least grazing rights over Meikle Cullindoch770. A will which he made in 1645 gives, in homely detail, a list of his farm stock - nyne drawing oxen now presentlie pastured on the Meikill Culleindoch, and ane branded ox of my mothers hyred, that is to be gevin to her againe qtthilk makes ten oxin ... ellevin milk kin and their followaris quhilkis. stood myself overheid 20 lib, apiece two queys reddie for the bull .... two thrie yeir auld stotis at ten merk apeice .... eyght scoir heidis auld schep at thrie merk ane half the piece .... fourtie lambs at 20 s. a .... by an atour the hors I tak with me 3 quhereoff the blak bellit wanting hair on the heid, 50 lib., the young broune, threttie pound, and the auld broune, 20 lib.: as for pounie he is not mine but the bairnes .... the sawing of threttie five small bollis eattis (oats) messour of Kirkcudbright estimat to the thrid come is 105

Scots Peerage. Ardwall Papers 187. 770 Ardwall Papers 222.

768 769

244

228 bollis 52 load at 10 merk a load is 500 merk .... the sawing of four bollis beir missour of Kirkcudbright estimat estimat to the foirt come with the letter (in regaird in luikis yeilding weil if the Lord Sall prosper it) sextein bollis beir at ten merks the boll is 160 merk771. It adds interest to this list to quote Symeons account of farming pactice in Galloway at this time772. The chief products are neat, small horses, sheep, and, in some parts of the moors, goats, wool, white woollen cloath, beir, oats, hay. Their bestial are vented in England; their sheep, for the most part, at Edinburgh; their horses and woollen cloaths at the faires of Wigton; their wool at Air, Glasgow, Sterling, Edinburg etc. Their wool is of three sorts: laid wool, moor wool and deal wool. The most part of their laid wool, called in other parts, smeared wool, is in the parish of Monnygaffe, so called because, about Martinmas, they melt butter and tar together, and therewith they lay, for that is their expression, or smear their sheep by parting the wool, and with their finger straking in the mixed butter and tar on the sheep skin, which as it makes the wool grow longer, and so the better for the finester, so it fortifies the sheep against the frost and snow, which uses to be far more excessive there than in the lower grounds. This wool though far longer than the other two sorts, will not give so much per stone, by reason that when the wool is scoured, and the butter and tar washed out it will not hold out weight by far so well as the next sort, viz., moor wool. This is the best of the three sorts, being very cleane, because not tarred, and consequently much whiter. The best moor wool is said to be in Penygham, Kirkcowand, Mochrum, Glenluce in the Shire, and upon the Water of Fleet in the Stewartrie. The third sort, viz., dale or deal wool, is not usually as good as the moor wool, being much fowler than it, in regard of the toft dykes which enclose the sheep folds in the ground near the shore, whereas in the moors their folds are surrounded with dykes of single stones, laid one upon the other. The oates, in the Shire, are commonly very bad, being compared with the oates of many other shires;

771 772

Ardwall Papers 222. Nicholson History Galloway App. 94-100.

245

229 having long beards or awnds; and although their measure be heaped, and the weakest and worst of their oates, which they reserve for their horses and seed, be winnowed and drawn out, yet three boils of corn will not yeeld much more than one boll of good and sufficient meal straked measure. However, the country people have the dexterity of making excellent and vert hearty meal, I mean when they make it designedly, and for their own use, shelling it in the mill twice, and sometimes thrice, before they grind it into meal; and then they grind it not so small and fine, as they do commonly in other parts. It is fit to be remembered here, that, before they carry the corne to the mill, after it is dryed in the killn they lay it upon the killn floor in a circular bed, about a foot thick; then, being barefoot, they go among it rubbing it with their feet, (this they call lomeing of the corne) and by this means the long beards or awnds are separated from the corne, and the corne made, as they terme it, more snod and easy to pas through the mill, when they are shelling of the corne there. The ordinary encrease of this corne is but three for one, which, for they sow much, will, except in years of great scarcitie, abundantly satisfy themselves, and furnish the moorlands plentifully with victual; yea and often times they vend and transport much thereof to other countreys. In some places, viz., neer the sea, they sow a whiter and greater corne, which hath a greater encrease both to the mill and from it. They begin to plough their oatland in October, and begin to sow in February, if the weather will permit; for that maxim of agriculture, properata satio saepe solet decipere, sera semper, suits exactly with this countrey. They divide their arable land into eight parts at least, which they call cropts, four whereof they till yearly. Their first cropt they call their lay, and this is that on which the bestiall and sheep were folded the summer and harvest before, and teathed by their lying there. The second cropt they call their awell, and this is that which was the lay cropt the year before. Their third which was their awell the former year, they call only the third cropt. The fourth is that which was their third cropt the foregoing year; however, good husbands till but little of this; and then these cropts or parts remaine four yeares at least untilled after this, so that the one half of their arable is only tilled yearly, the other half bearing only grass, and as they terme it, lying lee.

246

230 Thus much for their tilling of their oatland; save only that, in the Shire, they till not ordinarily with horses, but with oxen; some only with eight oxen, but usually they have ten, which ten oxen are not so expensive by far in keeping as four horses, which must be fed dayly with come; besides the oxen yield much more dung. As also, when they grow old and unserviceable, they get a good price for them from the grasiers and drovers. In several parts of the Stewartry, they till with four horses, all abreast, and bound together to a small tree before, which a boy, or sometimes a woman leads, going backwards. In the meantime, another stronger man hath a strong stick, about four foot long, with an iron hook at the lowest end thereof, with which, being put into another iron, fastened to the end of the plough beam, and leaning upon the upper end of the stick and guiding it with his hands, he holds the plough beam up or down, accordingly as he finds the ground deep or shallow; the land, where they use this sort of tilling, being far more rockier and stonier than in the Shire. Their beir is commonly very oatie, and in some places mixt with darnel, (which they call Roseager), especially in wet land and in a wet year. This Roseager being narcotick, occasions strangers to find fault with our ale, although it do not much trouble the inhabitants there, but is sometimes thought by them to be no ill ingredient, providing there be not too great a quantity thereof, because as some alledge, it makes the drink to be the stronger. As for this Roseager, although I do not much plead for it, yet it is not to be imputed to this countrey as peculiar to our beir; for sure I am, as I was some years since riding in Lothian, I saw more plenty of it, growing among barley there, than I ever saw growing in so little bounds in any parts of Galloway. However, as for the beir itselfe, it is indifferent good, though not so birthy as in many other places; for its encrease is usually about four or five for one, and yet they are abundantly able to serve themselves, and to transport great quantities thereof to the moors of Monnygaffe, etc. as also to Greenock and other places. They sow, contrary to their sowing of oates, the best seed they can get, and yet it comes up oatie, much whereof remains after the winnowing. They deliver to the maltman nine measures of beir, and he delivers back only eight measures of made malt.

247

231 They begin to till their beir land about the latter end of March, or the beginning of April, and after the same hath been tilled about twenty days, and the weeds begin to plant as their phrase is, they sow it, tilling the same but once, which is something peculiar to this countrey; yea, and they sow their beir in the same place every year, and without intermission, which is also peculiar, in a piece of ground lying nearest to their house, and this piece of ground they call their Beir Fay, on which they lay their dung before tilling; but their dung will not suffice to cover the same yearly; yea, they think it sufficient, if, in three years space, the whole is dunged, and this, I suppose., is also peculiar to this countrey. After the beir is sprung up, eight or ten days after the sowing, I have observed them towards the evening, (if there hath beene a little shower or they perceave that there will be one ere the next morning), to harrow their beir land lightly all over, which, as they find by experience, plucks up and destroys the young weeds, which wither and decay; but the beir presently takes rooting again without any prejudice, unless a great drouth doth immediately follow. It is frequently observed that better beir grows on that part of the Fay that was dunged the preceding year, than on that which was only dunged the current year. Their beir is ripe about Lambas and sometimes sooner. They have allways at the end of their Bier fay, an hemp-rigg, on which they sow hemp yearly, which supplys them with sacks, cords, and other domestick uses. This hemp-rigg is very rich land, as being their dung hill, where they put all their dung, which, in the winter and spring, their byres and stables do furnish them with. As for wheat, there is very little of it to be found growing in this countrey. Nether have they any quantity of rye; that which is, is usualy to be found growing with the moor men only. As for pease, very few in this country sow them; and yet I know by experience, that they might get very much advantage by sowing of them, the encrease being ordinarly sixteen and more for one, yea and it is a rare thing to see any pease worme eaten. What the reason is that they do not sow them, I do not very well know; however I suppose one reason to be, because their sheep, (which are many and not at all housed, as in many other places), would eat them all up, since the pease should be sowne much sooner than the ordinary time of their herding their sheep.

248

232 There is some evidence that, in his later years, William McCulloch tended to give up agriculture in favour of the law, and in the estate title deeds773 he is described as Advocate, Commissary of Wigtoun. The precise meaning of the first of these designations is not clear; he is not on record as a member of the Faculty of Advocates in Edinburgh but may have carried on a practice in the local court at Wigtoun and, in consequence, been designed, somewhat loosely, as an advocate. A commissary had a limited and local jurisdiction in minor consistorial matters, such as adherence and aliment, but his main business was the receiving and recording of Inventories of the estates of deceased persons, and granting confirmation to their representatives. At this time a commissary would be appointed to this office by the Bishop of the Diocese and not, as after the Revolution of 1688, by the Crown: this further confirms the fact that William McCulloch was not a Covenanter. This conversion to the law on the part of William may, perhaps, be accounted for by the legal experience which he acquired, fortuitously, in the course of his career. In 1660 John Gordoun of Cardiness died with his affairs in disorder and leaving an infant heir. As a result the feudal casualties of ward and non-entry became exigible to the superior, in this case, the Crown. These were valuable the former consisting of the whole profits of the fee during the minority of the heir, subject only to his aliment and to the maintenance of the buildings and parks in their original condition and the latter, of the rents of the fee during the period of non-entry with the superior. A competition therefore ensued for the Crown gift of these casualties between

773

Ardwall Papers 14.

249

233 William Gordon, brother of the deceased John Gordon, and the latter creditors. William McCulloch was one of the latter, his interest arising through his wadset of the lands of Lachintyre and others, and he appears to have been consituted their spokesman. There survives a long series of papers and letters774 dealing with the matter, a number of them being written by William McCulloch in a scholarly and interesting style, most of them coming from Edinburgh. The contest went on with varying success. On 29 July 1661 a gift was issued in favour of William Gordon but it appears to have been subsequently recalled and another issued in 1662 in favour of Robert Mein, merchant, burgess of Edinburgh, of the ward and non-entry maills, together with the marriage of William Gordoun, the young heir, for behoof of Robert and the other creditors and vassals. William McCullochs side appears thus, to have carried the day, but their success was short-lived for young William Gordon only survived a short time and was succeeded by his uncle, William Gordon. The feud between the Gordons of Cardiness and the McCullochs of Myretoun which was raging at this time, has already been noticed. Regrettably, perhaps, it is clear from the records that William McCulloch played his part in this. That trouble was brewing as early as 1662 is evident from letters of Lawburrows 775 dated in that year at the instance of:Alexander McGhie of Balmaghie, Elizabeth Stewart, relict of the deceased John Gordoun of Cardiness, now his spouse, William Gordoun, now of Cardiness, her son, William McCulloch of Ardwell, Mr. John Mein,

774 775

Ardwall Papers 246-282. Ardwall Papers 276.

250

234 Minister at Anweth, Robert Mein, merchant, burgess of Edinburgh, William Gordoun of Newtoun, Robert and Thomas McCulloch, portioners of Auchinlarie, Jonnet McCulloch in Hintoun, John and Thomas Gourlay in Laggan, George Lenox in Newtoun, John Bell of Whytesyde, John Bell in Archland, Gilbert McQuha in Colenduch, and Janet Gordoun in Drumoir, against John McCulloch of Marten, Alexander McCulloch of Ardwell, John McCulloch of Barholm, Harie McCulloch, his son, and John McCulloch in Auchinleoch, setting forth that the persons complained upon, having conceived ane deidlie hatred, evill will, and envy causeless, against the said complainers, they, by themselves, their servants, complices and others in their name, of their causing, sending, hounding, and command ... daillie and continuallie molest, trouble and oppress the said complainers, their men, tenants, and servants, in the peaceable possessing, bruiking, and enjoying of their lands776. It is difficult to guess what was at the root of this trouble. Even the two rival factions had not by this time sorted themselves out on to their respective sides, but it is clear from the Privy Council Records that these Letters of Lawburrows entirely failed in their object. These records give a full and, since they are in the words of William Gordoun, one of the victims, no doubt an extremely biased account of the family feud777, as follows:By various Acts of Parliament the carrying of firearms and armed convocations are forbidden and severely punishable, yet Sir Alexander McCulloch of Myretoun haveing most unjustlie aneeye and designe to make ane purchase of the estate of Cardinis, and, for the effectuating of the said designe, albeit he was no creditor to the Laird of Cardines in any soumes of money, yet he did buy several pleas, debts, and compriseings and factories of the said estate, and used all meanes to get himself intruded thereinto, the appeirand heir being ane infant of four yeires old, the compleinars having the possession of some litill parcells of the said estate

776 777

Ardwall Papers 276. Register of the Privy Council 3rd Series II 481.
251

235 for their portions given to them by their deceased father and brother, the said Sir Alexander himself and uthers of his causeing and command these many yeires bypast did most inhumanelie make it his work and business to oppress and disposses them of their said rights and possessions, and in order thereto, he, accompanied with Godfray McCulloch, his eldest sone, and John McCulloch, his second sone, William Shaw and James McCulloch, his domestick servants, and William McCulloch, brotherin-law to the said James, Harie McCulloch, younger of Barholme, William McCulloch, younger of Lecharduell (sic for Laich Arduel), John McCulloch of Achleoch, McCulloch of Evenshanks, William Lin of Larg, Patrick Lin, his brother, Kennedy of Aries, John Shaw of [ ] brother-inlaw to the said Sir Alexander, his lady, George Lennox of Fyntoun, Robert Corbet of Balmacrall, Robert Adair, merchand in Edinburgh, Fergusone of Kilkerune, and divers others, his accomplices, upon the nyneteine day of August 1664 came, armed with swords, pistolls, and other weapons invasive, bodden in fear of wear to the house of Bussabeel, where Mareon Peebles, Lady Cardinis, wes liveing in ane peaceable maner with William Gordoun, one of the said cornpleaners, her sone, the saids lands being hers in lyferent, and the saids persons brake the gates and doores of the said house and invaded the said Mareon Peebles, Lady Cardinis, wher she was lyeing in her bed not able to sturr, and, being ane old and infirme woman and dislocat of her thie bone, they minaced, threatned, and beatt her till she fell asound, and brake doun the syllering of the house about her heid: and afterward, finding the said William, compleinar aforesaid, threatned and wounded him dangerouslie in the arme and hand to the effusion of his blood in great quantitie and hazarde of his lyfe, not so much as permitting his servants to give him drink or goe for a chirurgeon to dress his wounds or administer any kynd of help or comfort to him for a long tyme. Ans also divers tymes thereafter they came and persewed the said William, compleinar above named, at his owne house and elsewhere and forced him to forsake the cuntrey, his infirme mother and his business, haveing throw the said Sir Alexander and his accomplices, their minacing, bragging, and strykeing the tennents, two roumes casten in his own hand. And they, not being content with all this, did upon the [ ] day of October 1665 come to the said house pretending to search for the said William, compleinar above mentioned, and assault the said Mareon Peebles: she not being able to sturr from

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236 her bed, they minaced her and strake her with her ownestilt till she fell asound amongst there hands: and afterwards they went to the barne yeards and minaced ther cottars and servants, putting them from there labour and threatning to leave them nothing, calling the cornes and everything thereabout there owne. And notwithstanding of all this and of the said Mareon Peebles her weake and infirme condition, as said is, the forenamed persons, accompanied with others to the number of threttie or fourtie persons, all boddin in fear of wear as said is, came to the house of the said Bussabeell upon the last of March 1666, brake doun the doores, and putt forth all the servants, and pulled doun the bed about the said Mareon her head, and in ane most inhumane and cruell maner, draged her furth thereof, and she, not being able to goe of herself by reasone of her weaknes, they caryed her furth of the doore and yett to the croft and did let her head fall to a stone be the way and left her lying asound in the said croft and in all appearance dead, and would not let any come near her: and, furder, they brake doun the whole tables, beds, almries, chists, chears, flooring parpel walls, and hail other plenisching of the said house, and having brunt and carried away pairt, brunt and destroyed other pairt, to the value of ane thousand merks and upwards. And afterwards the said Mareon Peebles, being with much difficultie carried into ane of her owne barnes, the saids persons came under cloud of night, armed, as said is, and searched for the said William, compleinar aforesaid, with ther saids swords, abused the servants and caried some away prisoners of them terrifieing the said lady in ane pitifull maner. As also, in May thereafter they invaded the house wher she was lying and guarded her for thre dayes, neither permitting servants nor freinds to visit her nor furnish her with meat nor drink bot what was stollen in at a back window, which the said Sir Alexander and his associates perceiving, they did most barbarouslie beatt the woman who was conveying in the same: and so haveing entered the house they did keepe her from sleep alse well as meat, and, further, did throw doun water and other liquid maters upon her so that she was forced to retire and shelter herself within the boundes of the kitchens chimney for her saiftie. By which and sicklyk cruell and inhumane and horrid acts, and keeping of all her rents, cornes, cropt, goods and gear, whereupon she should have lived, from her, she was redacted to the said straits that through the affrightments, oppressions, stroaks and greiffs, they haveing famished her, she within a short time thereafter burst forth her hearts blood and died.

253

237 Several times, also, the said Sir Alexander and his associates, assaulted the said William and Alexander Gordoun, compleinars, viz., on March last three of them assaulted the said William with intent to kill him, and on April last seven of them set upon the complainers, and on 6 May last Sir Alexander sent eight of them, viz., Godfray McCulloch, his son, William Shaw and James McCulloch, his servants, Fergusone of Kilkarran, Kennedy of Eries, John McCulloch of Achleoch, and John Shaw, brother-in-law to the said Sir Alexander, to the complainers lands of Newtoun, where they brake up doores, searcheing for the said compleinars in the barn and nighbouring houses, stabbing with swords under and above beds for them, thinking they had been lurking there- and finding on Margaret Buquhan, servitrix to the said William, they beat and abused her with ther hands, feet, and battones, and tyed her hands with strong ropes behind her back, threatned to drown her and affrighted her with drawen swords to the hazard of her lyfe, whereof she is yet in danger: and after discovering of the saids William and Alexander Gordones, compleaners, being fullie resolved of forthought fellonie to murther them and take away then lyfes, did at ane quarter of an myles distance, draw there swords, comeing at ane full gallop to the said compleinars, they being walking upon the Kings hyeway in a sober manor, yet notwithstanding, in a furious and outragious maner, they assaulted and fell upon the saids compleinars and wounded them both dangerouslie, especiallie the said William by ten severall wounds in such manner that ther was no persone that expected his lyfe, as ane ordour granted by the Earle of Nithisdale, Stewart of Kirkcudbrugh, to secure the perwhile they made answer for there bloodshed, doeth sufficientlie instruct whereupon the saids pairties absented themselves ever since furth of the said stewartrie: and after they had overthrowen the saids complainares and taken there swords from them which they had about them for there oune defense, they being alwayes in fear of the said Sir Alexander and his accomplices, they wounded the said William with swords severall tymes both in head and body and trampted upon the said Alexander Gordoun, the other of the saids compleinares, his bellie and thrott with there feet and knees and brake a bone in his breast with the heills of there boots, bled him at mouth and face and left both the saids compleinares for dead upon the ground. For these crimes the said Sir Alexander and his accomplices ought to suffer exemplary punishment . Also in June 1666 they with hammers and uther instruments, brake doun and

254

238 demolished out of there inveterat malice the said cornpleinares ancessores armes and mottoes that were fixed above the gatehead of his house and did ryve up and destroy loftings and uther plenisching of his house which they had left undestroyed of before, and did throw doune, overturne and destroy the gardine, planting and pollecy therein, and all the said cornpleinares beeskepes, and did cut doun and mow above threttie darg of midow, and maisterfullie fished and tooke away his salmond out of the Water of Fleet. William Gordon evidently forgot nothing! The eventual sequel to this rather unpleasant episode was the murder of William Gordon by Sir Godfrey McCulloch of Myretoun. But that story has already been told elsewhere. William McCulloch had some further experience of the law in 1665 when his brother in law, Alexander Gordon of Cuill and Peninghame, succeeded as 5th Viscount Kenmure. Robert, Master of Herries, asserted a claim to the title and raised an action against Alexander and some of his friends, including William McCulloch, for making away with the charter chest of Robert, the late viscount. The case dragged on before the Privy Council for some eighteen months before being dropped778. Williams tenure of Ardwall was a long one of 44 years and, by all the evidence, prosperous. At all events, he was able to acquire wadsets over the lands of Lachintyre, Milnemark, and Marquhoher in 1655779 and, later, over Bardristane780. William appears to have taken no part in the covenanting troubles of his time. Though there were exceptions, notably Earlstoun and Barholin, as a general rule, the lairds in Galloway were not covenanters.

Register of the Privy Council 3rd Series II 66, 98, 124, 160. Ardwall Papers 230. 780 Ardwall Papers 289, 304.
778 779

255

239 They were too much a sitting target for authority! William was no exception to this rule, although there is reason to believe that in his younger days he fought in the army of the Covenant of 1645. On 23 July of that year he executed a will on the occasion of his away goeing at the Ardwall 781. Now, even in those unruly days a man about to leave on normal business would not usually trouble to make his will. There must have been some special risk or danger to justify such a precaution. Moreover, William McCullochs brother in law, William Crawfurd of Nether Skeldoun, was an officer in the parliamentary army782, who would no doubt give him every encouragement to support its cause: indeed there is evidence to shew that he organised something of a recruiting march through Galloway783 at that time. It is reasonable, therefore, to hazard the view that William McCulloch was either recruited or conscripted - for conscription of a kind existed even in those days - into the Scots army under Alexander Leslie, Lord Leven, which operated, mainly in the north of England, during the Civil War. This army contained several regiments drawn wholly or partially from Galloway. One of these was the Galloway Regiment of Foot under command of Colonel Stewart, with Lieutenant Colonel John Gordoun of Cardiness as Second-in-Command, which took part in the sieges of South Shields and Newcastle, and fought against Montrose: others were Lord Kirkcudbrights Regiment of Cavalry, which fought at Marston Moor and Philiphaugh, Viscount Kenmures Regiment, which took part in the siege of Newcastle and also fought

Ardwall Papers 222. Ardwall Papers 1277. 783 Ardwall Papers 221.
781 782

256

240 against Montrose, and Sir Frederick Hamiltons Regiment784. It will be recalled that this army crossed the Border in two contingents, the first under Lord Leven in January 1644, and the second under the Earl of Callendar five months later. After some indecisive fighting in the Newcastle area, it took part in the battle of Marston Moor in July 1644 and thereafter in the sieges of Hereford and Newark. Meantime, a detachment consisting mainly of cavalry had been hurried north to deal with the threat from Montrose and succeeded in routing his army at Philiphaugh, where royalist hopes were finally dashed, in September 1645. William McCulloch may possibly have taken part in this defeat of the great Marquis: since he took a horse with him when he left Ardwall it may be presumed, if there is any substance in this speculation, that he was a cavalryman, and, therefore, in Lord Kirkcudbrights Regiment, which took part in the battle. On the other hand, an undated document of about this period entitled Ordouris Lord Kenmore785 supports the view that he was in the latters regiment. Lord Levens army remained in the north of England until, having accepted the surrender of Charles 1 near Newcastle in 1646, they handed him over, after sundry sordid financial negotiations, to a committee of the Houses of Parliament, and so to his execution, in January 1649. It thereafter marched back over the Border where the greater part of it was disbanded. William McCulloch, however, had returned home sometime before this being back in Galloway in January 1646 786. He was mentioned in the Act of Parliament of 1649 which put the kingdom

Army of the Covenant. Ardwall Papers 223. 786 Ardwall Papers 224.
784 785

257

241 in a posture of defence and appointed persons to be colonels or commanders of horse and foot. It is difficult to account for William being fined 600 for anti-episcopacy in 1662787, but this appears to have been a more or less general levy, imposed not on account of religious views, but by an unscrupulous monarch in urgent need of money. William was certainly no covenanter. In 1666 he was appointed788 by his brother in law, Alexander, Viscount Kenmure, as his commissioner to perform a task which no covenanter would have done, namely, to treat with Mr Simeon Knox the episcopal minister of Girthon as to what sums of money, bolls victual, and other duties should be due and payable by the viscount as titular of the teinds of the said parish of Girthirne to the said Mr Simeon for his yearly stipend during his serving the cure of the said parish kirk and parish. Again, in 1679, William McCulloch, and his son, William, were allowed to go bail for the elderly Dame Anna Ferguson, widow of Sir Alexander McCulloch of Myretoun, who had been apprehended by a party of Captain Grahams soldiers for attending a conventicle789, an office which he would certainly not have been allowed to perform had his character not been above suspicion. William McCulloch married Isobel, daughter of the late Duncan Crawford of Nether Skeldoun in Ayrshire, the contract being dated at Maybole 1 November 1642790. A somewhat disconnected account of this family is given in Patersons History of Ayr from papers in the

Nicholson II 123. Ardwall Papers 291. 789 Ardwall Papers 315. 790 Ardwall Papers 216.
787 788

258

242 Ardwall charter chest791 it appears that Duncan Crawfurd, besides Nether Skeldoun in the Bailiary of Dalrymple, owned Kerse and Little Miln in the Parish of Coyltoun. His wife was Agnes McCulloch, daughter of William McCulloch of Myretoun and his wife, Marie McCulloch of Cardiness (see page 151), and his eldest son was Major (afterwards Lieutenant Colonel) William Crawfurd of Skeidoun, of the Lord Viscount Montgomeries Regiment of Horse. Duncan Crawfurd died in 1623: his will mentioned two other sons, Alexander and David Crawfurd, and appointed Quentin Schaw of Grimet to be tutor to his daughter, Isobel792. His widow, Agnes McCulloch, died in 1645 leaving to Isobel hir haill abulzements together with ane pair of playdes and ane window cloathe793. Isobel Crawfurd died about 1675 and an unknown poet composed the following funeral elegy to her memory794. 'Ane funerall elegy upon the death of that famous religious gentillwoman Isobell Crawfurd spous to William McCulloch of Ardwell. Leve ovir ye poets in your Rustik styll And in the chaos of your confuised vers Doe think it is a sacriledg to defyl And put ruid Ryms upon this sacred hears Desist I say your lyns for to put forth Locust contrair your myud ye may eclips her worth But if in such graive matter poets phraise Aucht in this subject graivlie to be used That in som measour her vertewis ye micht vrais And not the phoenix of her sex abused Then let the Muisis sueit theas sisters nyn Cum offir up their elegeis at her schryn Yea such as with the auncients hes bein led And quho hes drunk of helvetian well Yea such as in boetia hes bein bred

Ardwall Papers 1270-1282. Glasgow Testaments. 793 Glasgow Testaments. 794 Ardwall Papers 308.
791 792

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243 And can the factis of many wortheis tell Such aetours ar fitt for this worthy staidg As is reput great poets in their aidg They that will doe it must view pernassus hill As from the vulgar they had bein abstract Yea into Helicon to dip their quill And with Milpomenie they must learn to act For to poynt furth her funerall fattall storrie Quho now possessis her eternal glory Within this hears their lyes this worthy treasour One of mor worth then gold of Ophir fund Quhois vertewis great no human witt can measour Better thah that quhich throw havilah Rund In former tymes if schoe had been on lyf King Lemwells mother had chossin her for his wyff Me think I heir her freinds and nicht bours murn Her children dear and her kynd husband roar If I micht say it even also Skyrburn And Anwith hakis such great lose doeth deplor Yea flowing fleit weips furth his blubering tears Becaus schoe had not lastit Nestoris yearis And I myself into this poeam must act Next to her husband and her children bound O crewell death in this thy mortall fact Thou hes givin me ane evir greiving wound Quhy sould I traffique with loftie poet pelf Non can her schew as schoe did schew herself Her pietie evin from a suckling born Her statlie persoun and her bewty rair Her charitie her vertewis her adorn So we may her with Dorcas weill compair Of her Ill ceas to speik quhat may be said Both quhen schoe wes a mothir and a maid Now marie lyk schoe hes the cheifest chous And in the heavens schoe hes her cheif delyt Amangst the Sancts schoe greatlie doth rejoys Sinc schoe went their the milkway is mair quhyt I doe concluid and sall say nothing mair Saife that in her no vertewis wanting wer. Pietas omnia vincit: vivit post funera virtus. A.C. William McCulloch survived his wife and died in October 1682 795. He is stated to have died intestate796 which is curious since there are two wills by him still extant 797, albeit both made some considerable time before his death.

Ardwall Papers 317. Ardwall Papers 317. 797 Ardwall Papers 222. 268.
795 796

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244 He had issue:1. 2. William McCulloch (iii) of Nether Ardwell, of whom hereafter. David McCulloch (i) of Ardwell, of whom hereafter.

3. James McCulloch, who was mentioned in his fathers will of 1661798 and may perhaps be identified with James McCulloch of County Antrim, with whose son, William McCulloch of Piedmont, Edward McCulloch (i) of Ardwall, grandson of William McCulloch (ii) of Nether Ardwell, had dealings in 1739 at the town of Antrim as to the settlement of a great debt on the estate of Kerse. William McCulloch of Piedmont was alive in 1740, a man of honour and of an opulent estate 799. His will is recorded under date 1743800. 4. John McCulloch. The English Army Lists and Commission Register record John McCulloch on 16 May 1684, and, in 1685, Captain John McCulloch, (of Ardwell Co. Kirkcudbright), commissioned in Viscount Kenmures Regiment of Foot. This regiment, it will be recalled, fought against Claverhouse at Killiecrankie in 1689. There is no other record of John McCulloch but, for the circumstances, Viscount Kenmure being his uncle, (by marriage), and the date, it is presumed that he must have been a son of William McCulloch (ii). Although it is not impossible that there is some confusion here with John McCulloch, who was sometimes referred to as captain, younger son of Sir Alexander McCulloch of Myretoun and brother of Sir Godfrey (see page 75). 5. Agnes McCulloch, his eldest daughter, who married William McClellan of Borness, eldest son of Robert McClellan of Balmangan, the contract being dated 1672801. William McClellan died in 1694802 in straitened circumstances803. Agnes only survived him a year and died in 1695804. They had an only son William McClellan, who, on the death in 1730 of his distant relative, James McClellan, 5th Lord

Ardwall Papers 286. Ardwall Papers 1282. 800 Index to Prerogative Wills of Ireland. 801 Ardwall Papers 597. 802 Ardwall Papers 320. 803 Ardwall Papers 321. 804 Scots Peerage.
798 799

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245 Kirkcudbright, a gentleman in poor circumstances who kept a small inn at Kirkcudbright for his livelihood805, succeeded to the title and was served heir general to him on 9 April 1734. Williams claim to the title was opposed by Sir Samuel McClellan, Lord Provost of Edinburgh, and, later, by his son, James, but was eventually confirmed. He also was in poor circumstances and followed the occupation of a glover in Edinburgh; for many years he stood in the lobby of the old Assembly Rooms and disposed of his wares to the dancers. At the ball following the election of the representative peers, however, he is said to have attended as a peer, and not as a glover. The date of his death is uncertain, but it must have been between 1761 and 1767. His wifes name is stated to have been Margaret Murray, but nothing further is known of her. Details of their descendants are given in The Scots Peerage. The title became dormant on the death in 1832 at Bruges, of their grandson, Camden Gray McClellan, 9th Lord Kirkcudbright. 6. Marion McCulloch, his 2nd daughter, married James Bell, only son of John Bell of Arkland, the contract being dated 9th January 1672806. Arkland had been bought by John Bell, elder and younger, grandfather and father respectively of James, from John Gordoun of Cardiness in 1645807. Prior to that date the Bells had been tenants there and a tombstone in Anwoth Old Kirkyard bears the inscription, Heir lyle Margrat Halliday spouse to Johne Bel in Archland who depairted this lyff anno 1631 Jan. 27, aetatis suae 76. James Bell and Marion McCulloch had issue: a. John Bell of Arkland who married Margaret Gordon and died prior to 1713808, leaving a son, another John Bell. It was he, or, perhaps, his son, also John Bell, who sold Arkland to John McDowell of Logan in 1777809. It is of interest to note that during the familys tenure of this farm of 132 years, its value increased from 250 to 2000. Inflation is evidently no modern phenomenon!

Maxwell Dumfries & Galoway 292 quot Mackenzie History Galloway. Ardwall Papers 322. 807 Logan Charters (Reid) 128. 808 Ardwall Papers 326. 809 Logan Charters (Reid) 218.
805 806

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246 b. James Bell of Gribdae, or, as it is spelt on his tombstone, Gribty, in the parish of Kirkcudbright. The following information concerning his descendants is taken from McKerlie810, from the family burial ground in St. Cuthberts Kirkyard, Kirkcudbright, and from information kindly given to me by his descendant, Miss Grizel Bell, New Galloway. James Bell was born in 1678 and died in 1756. It was he who acquired the lands of Gribdae, Marks and Kirkbride, in the parish of Kirkcudbright, in 1723, all, it is said, for the sum of 400! He married Mary McMillan, who was born in 1683 and died in 1777, and left two daughters whose names have not survived, and an only son William Bell who was born in 1698 (when his mother was a mere 15 years old!) and died at Balgreddan in 1793. By his wife, Margaret Halliday, born in 1715 and died in 1800, he had issue: 1. James Bell of Marks, which he sold in 1805 to David McClellan, Writer in Kirkcudbright. He was born in 1744 and died in 1805. By his wife, Mary Sloan, born in 1744, and died in 1794, he had issue:i. ii. iii. iv. v.
11.

William Bell Jean Bell Mary Bell, born 1776, died 1798, wife of William Brown, younger of Linkens. Margaret Bell, born 1778 and died 1798. Susanna Bell, born 1780 and died 1798. John Bell of Gribdae, born in 1745 and died in 1835. He married Grizel Gordon, born 1749 and died 1826, by whom he had issue:-

i. William Bell of Gribdae, born 1781 and died 1861. He bought the farm of Castlecreavie in the parish of Kirkcudbright. He was twice married, first, to Mary Halliday, a lady 30 years older than himself and, second, in 1844, to Mary Clark, his housekeeper at Balgreddan,

810

McKerlie IV 209.
263

247 where he lived, a lady 39 years younger than himself who was not born until seven years after the death of his first wife! She thus found herself not only with the care of an elderly husband but with that of his four elderly sisters as well! None the less, she bore him two sons: A. William Bell, born in 1845. He married Katherine Gordon, daughter of R. McC. Gordon of Rattra in the parish of Borgue, born in 1855 and died in 1892. He succeeded to Gribdae and died in 1922 leaving issue:a. b. William Bell, born in 1880 and died at Chatham, Ontario, in 1909. Helen Gordon Bell (Mrs Gibson), born in 1877.

B. John Bell of Castlecreavie, who was born in 1846. He was a Writer to the Signet and Deputy Keeper of the Great Seal. He married in 1879 Agnes Newall, daughter of James Newall of Goldielea, who died in 1910. He died in 1894 leaving the following issue: a. I. James Newall Bell, born 1880 and died in 1939. He married Muriel Morphy and had issue: James Bell, born in 1910, who married Joan Burgess, with issue:i. ii. James Bell, born in 1945. Sandra Bell, born 1941 and married in 1962 Mr Herbert.

II. George Gordon Newall Bell, born in 1911 and married Shirley Campbell who was born in 1917. They have no issue. b. William Burt Marshall Bell, born in 1883 and died in 1943. A Writer to the Signet, he served in the Great War 1914-18, becoming a Major in the Royal Corps of Signals. He married in 1919, Ella, daughter of John Phillips of Earls Hill House, Royston, Hertfordshire, and had issue:-

264

248 I. II. Alan Bell, born in 1921 and killed in action in Burmah in 1943. Kenneth Bell, born in 1927, who married Jill Hawkins and has issue:i. ii. III. IV. c. Simon Bell. Fiona Victoria Bell.

Colin Bell, born 1931, who married Maureen Coy. Diana Bell, born in 1923, who married Mr Kinnear and has four children. Grizel Bell, born 1886.

ii. Samuel Bell, born 1782 and died 1863. He was intended for a career in medicine but never qualified, being what might be termed a stickit doctor! iii. Alexander Bell, born 1784 and died at Richmond, Virginia, where he had settled with his relatives, Gordons of Lochdougan. His descendants are said to have suffered much in the American Civil War. iv. v. vi. vii. C. Nicholas Bell, born 1774, died 1866. Grace Bell, born 1790, died 1857. Margaret Bell, born 1788, died 1859. Susan Bell, born 1806, died 1853. George Bell811

D. David Bell, a Writer and Notary Public in Edinburgh, who, for a time, acted as law agent to his uncle, David McCulloch of Ardwall. He died in Edinburgh unmarried at the beginning of 1713812, and on his deathbed, addressed a series of letters to his cousin, all written in a strain of fervent piety and calm resignation to Gods will concerning him813.

Ardwall Papers 431. Ardwall Papers 327. 813 Ardwall Papers 325-327.
811 812

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249 E. Margaret Bell, who married a Mr McQuhae of Wigtown814 815. 7. Margaret McCulloch, his third daughter, who married Charles Herris in Milnbank, the contract being dated 17 March 1684816. Nothing further is known of Margaret or her husband except that he is on record as having made several appearances in the Steward Court of Kirkcudbright up to 1695817. 8. Jean McCulloch, his youngest daughter, who was mentioned in her fathers will of 1661818. WILLIAM McCULLOCH (iii) OF NETHER ARDWELL. Like his predecessors, William McCulloch was a farmer, and among the few surviving records of him, are details of his dealings in farm stock. Thus, on 24 July 1686 a so-called disposition in his favour by Sir Godfrey McCulloch of Myretoun narrates that the latter selles, dispones and delyveris instantly to the said William McCulloch, his aires, executoris, and assignayes, all and whole my movall stock of bestiall presently grassing and pastowring upon my land called the Merse of Cardines and without prejudice to the generalitie of this my dispositioun, these my particular goods of the kynd, age, and pryces underwritten viz., the number of twenty thrie zeld ky, pryce of the peice by agreement and vendition twentie merk Scots: item, ten hefferes of thrie yeir auld, pryce of every one twentie merk: item, the number of twentie one stottis of thrie yeir auld and ane bull of two yeir auld, pryce of everie one twentie merks of money foirsaid: and two horses quhereoff the one is gray culloured of --yeir old, and the other sorrell culloured of --yeiris auld, price of ilk hors thrie scoir poundis money foirsaid: and ane black colt of thrie yeir auld, extending the whole bestiall to the number of fyftie fyve and the two hors.819.

Ardwall Papers 324. McKerlie III 51. 816 Ardwall Papers 328. 817 Calendar Steward Court Processes (R.C. Reid). 818 Ardwall Papers 286. 819 Ardwall Papers 386.
814 815

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250 William McCulloch was made a burgess and freeman of the Burgh of Wigtoun in 1678820. His father was still alive at this time and the reason for this distinction cannot be ascertained. William was also a Commissioner of Supply. William McCulloch never married and there is some doubt as to the date of his death. In the service of his brother, David821, it is given as 29 May 1693 but there is abundant evidence in the Ardwall papers that he was dead by 1690. On the evidence of the Kirkcudbright Testaments, he was dead by 1687. There is nothing in the Ardwall papers to contradict this and it may be assumed, therefore, that he died in 1687, Galloway was at this time in the throes of persecution, and his brother and heir, David, was a fugitive covenanter, probably abroad, which would account for the slight hiatus in the family record. William himself appears to have followed the example of his father and remained aloof from the covenanting movement822. DAVID McCULLOCH (i) OF ARDWALL When, in 1697, David McCulloch appeared as a witness at the trial of Sir Godfrey McCulloch of Myretoun, relating how the latter had come to his house in the forenoon with the news that he had shot William Gordon, and how he had immediately gone to the Bush of Beild to find the victim lying upon the tope of a bed crying and groaning, and complaining that his leg was broke, he gave his age as thretty yeiris or thereby823.

Ardwall Papers 337. Ardwall Papers 18. 822 Ardwall Papers 315. 823 Trial of Sir Godfrey McCulloch.
820 821

267

251 This was something of an understatement for he was mentioned in his fathers will of 1661 moreover David being provided to the woodset Bardristan I hop my wyf will pass fra hir lyfrent theiroff that it may bring up David at scool From this it may be inferred that he was at that time a small boy and was probably born shortly after 1650. He was thus too young to take part in the Pentland Rising of 1666 but that of 1679 saw him in arms with the covenanters. Criminal Letters were issued against him in 1680 and included a formidable catalogue of offences824, joining and assembling together in arms etc., and the resetting, intercommuning, and keeping correspondence with rebels and supplying them with levies of horsemen, money, and arms, and furnishing them with meat, drink, powder, ball, etc., and thereby being guilty of the abominable crimes of rebellion, treason, and leyse majestie, punishable by forfalture of life, land, heritages, etc.: nevertheless, the said David McCulloch and his rebellious associates and accomplices, shaking off all fear of God and sence of dutie, alleadgeance and loyaltie to us, the Soveraigne and native Prince, hes most perdidiouslie and treasonablie presumed to committ and is guiltie of the crimes above named in sa far as John Balfour of Kinloch, and David Hakstone of Rathillet, George Balfour in Gilstone, James Russell in Kettle, Robert Dingwall, a tenants son in Cadam, Andrew Guellen, a wobstar in Balmerino, and others named, these impious sacralegiouse murderers and murdering reformers, who to propagate Christianitie like Jesuits, murder christians, and thereftir thes enemies of mankind having gone in Apprill last to the town of New Milne in the nyght tyme, they murdered in cold blood -- a shuldier in Captain --- his company, and left another of the said shouldiers for dead, and thereafter having conceaved a cruell and deadlie hatred against His Grace, James, lait Archbishop of St. Andrews, upon the third day of May last, haveing cruellie, impiouslie and sacralegiouslie murdered him, they, to eschap justice, and to involve others in their guilt, still pretending piete and religion, did goe

824

Ardwall Papers 375.

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252 into the western shires, and most treasonablie join in arms with Robert Hamiltone, brother german to the Laird of Prestoune, Mr John Rae and ther accomplices, dissolute and flagitious persones, to the number of 60 and upwards, who upon the 29th May last, ane day appointed for solemn thanksgiving for our restaurence of the royall government of this Kingdome, did goe to the Burgh of Rutherglen and ther most proudlie and treasonablie and wickedlie burnt several Acts of Parliament asserting our prerogative in establishing the government of the church, drowned out bonfyres set on in commemmoration of that day. theraftir they continowing and abiding in treasonable armes, they did convocat and assemble togither to the number of 2 or 3000 in armes and upon the --- day of June theraftir did most treasonablie attack and asssult a small pairtie of our forces within the towne of Glasgow under the command of the Lord Ross and the Laird of Claverhouse by whose --- the open and manifest rebells were repulsed, and yet they being encouradged and imboldened with the hopes of promises of more horse and armes from the said David McCulloch and others of ther rebellious generalls, they did suel and grow togither to the number of ten or twelve thousand men and they, ther accomplices within the Schrifdome of Stirling, Lanrick, Wigtoune, Stewartrie of Kirkcudbright, and other places, did most treasonablie convocat, ryse, and join in armes etc., and took the boldness to come to the Burgh of Wigtoune upon the -- day of June last when the person above complained upon and his accomplices robbed and pillaged the citizens and inhabitants therein and search for horse, armes, powder and ball, and other instruments of warr, and did continow in armes, robeing our dutifull subjects in manner foresaid, and merched to the towne of Dumfreis and treasonablie quartered on the inhabitants thereof, did riffel and plunder them of ther horse and armes and did rob the house of Drumlanrig belonging to the Earl of Queensberry and did merche to the toune of Sanquhar, being to the number foresaid, and theraftir to the burgh of Air and did continow in them treasonable armes, robbing, plundering, rifling, pillaging our good subjects, and the persons complained upon and his accomplices did supply, maintene, comfort Mr John Welsh and Mr Samuel Arnot, forfaulted and declaired rebells for the rebellion 1666, and did shelter and protect these impiouse and sacralegious murderers, and having merched toward Bothwell and Hamiltoune etc., etc, and goes on to tell how they were dissipate, routed, vanquished and

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253 defaite by the armes, valour and conduct of James, Duke of Buccleugh etc., etc.... charging the said David McCulloch to come and find sufficient caution and sowertie to our Justice Clerk or his deputs, acted in the Books of Adjurnall, that he shall compeir before our Justice General, Justice Clerk and Commissioners of Justiciary within the Tolbuith of Edinburgh on 28 June next to underlie the law for the treasonable crimes above mentioned... and that ye chairge him with sound of trumpet, displayed coat, and other solemnities requisite, personally if he can be apprehended, and failzeing thereof, at his dwelling place be open proclamation etc. A list of the assize for trying David McCulloch was annexed. A further indictment charged him with rising and continuing in arms and serving under and protecting the cruel murderers of the late Archbishop of St. Andrews, and for so doing that he ought to be punished by forfalture of life and lands. By a species of outrage on parental feeling, happily almost unheard of in any civilised country, William McCulloch of Nether Ardwell is given as one of the Assize to sit on the trial of his own son. Whether or not David was guilty of any or all of these crimes was never proved but it must be presumed that he was at least partially guilty, for be took refuge in flight. There are no authentic records of his whereabouts during the next ten years, but the Guernsey MS, which was written by his grandson, relates how he fled to Galloway and was concealed for a time in his fathers house, being fed for about a fortnight through a knot hole in the wainscotting communicating with the dining room. When the pursuit became too hot, he and about forty others concealed themselves in a cave on the Kirkclaugh shore. These caves are known to have been a refuge for covenanters, who were surreptitiously supplied there by kindly neighbours825. From there, with his kinsman of Barholm, he fled to the north of Ireland, and, in the words of the Guernsey MS,

825

Galloway and the Covenanters. Morton 460.

270

254 there stayed till their finances were exhausted. In their distress, David, who was a handsome portly man, had money conveyed him from unknown hands, at which he became uneasy as he suspected the Charity proceeded from ladies. They then determined to disperse. Barholm took the resolution of returning to Galloway, David, for fear of involving his father in trouble went to Holland, where he offered his services to the Prince, afterwards William III, and there fought in his armies, in what station he served I do not recollect to have heard.826 In 1688 the Privy Council granted a warrant of remission of treason in his favour 827 and, in the same year, he received a Letter of Safe Conduct to proceed home828. Two years later, in 1690, he was mentioned in the Act of Parliament rescinding fines and forfeitures since 1655. The same year he married829 Isobel Maxwell, 2nd daughter of Edward Maxwell (iii) of Hills. No proper account of this family has yet been written and, since the Ardwall charter chest contains a great many original papers concerning it, a separate account appended to the present history has been thought to be not out of place (see page 484). David was now aged about 40 and was, at long last, able to settle down to the management of his property and to take his part in the public affairs of the Stewartry. In 1689 he was mentioned in the Act of Parliament for calling out the militia this side of Tay, and appointed by another Act, with Hew McGuffog of Rusco and Lord Kenmure to oversee the election of magistrates for Kirkcudbright. In the same year the Privy Council granted order and warrant to him and others, including Edward Maxwell of Hills, to disarm sundry papists in the neighbourhood of Dumfries830. It is perhaps

Guernsey Manuscripts. Register of the Privy Council 3rd Series XIII. 25. 828 Ardwall Papers 380. 829 Ardwall Papers 381. 830 Register of the Privy Council 3rd Series XIII 539.
826 827

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FAMILY AUTOGRAPHS - II

Execution of the Marriage Contract between David McCulloch (i) of Ardwall and Isobel, 2nd dr. of Edward Maxwell (iii) of Hills and his spouse, Isabell Logan. The first witness is Edward Maxwell (iv) of Hills, brother of the bride.

Execution of the Marriage Contract between David McCulloch (i) of Ardwall and Elizabeth, dr. of Rev. William Veitch. The first witness is John McCulloch (iii) of Barholm and the second, David Bell, notary, nephew of the bridegroom.

272

255 idle to suggest that he thus came to meet his future wife, Edward Maxwells daughter! Later he became a Collector of Supply, and appears to have held this position from about 1700 to 1713831. Perhaps on account of their relationship - they were first cousins in 1692, William, Master of Kenmure, being necessitat to goe oft this Kingdome about his lawfull affairs, and being sensible of the cair, abilety, and faithfulness of David McCulloch of Airdwell in manadgeing of his said affairs, constituted him as his procurator, actor, factor, to uplift all his debts, annual rents, rents of land etc.832. A good many papers and some correspondence concerning this appointment, survive, and the last letter in the series shewed the Master discussing his aunt in somewhat unfriendly terms; it is dated 7 October 1699, Cusing, I find that my aunt has been at Kenmore and Earlston and hes done nothing. I desire you may be frie with her and shaw her to live the ground voyd and ryd betext and Martinmas nixt and give schoe do necht alow her I will cause cast don her houses and throw all out, and in the mean tyme discharge any to labour or teill her land upon ther hazerd: for let her take what misours schoe pleases schoe shall possess nothing ther any longer, and it is her blame that schoe hes troubled that ground so long. P. S. Give you alow her to posses any longar you shall pay all her compt.833 The Master, now 6th Viscount Kenmure, was, of course, later to be executed for his share in the rebellion of 1715. It is said834 that he tried to induce David McCulloch, on account of his great influence in the county, and military knowledge, to accept a command under him. But Davids religious principles were diametrically opposed to the Jacobite cause and the sufferings he had endured at the hands of Charles II and James II did not encourage him to go to any trouble or risk on behalf of their representative. He, therefore, refused the invitation. It was a wise decision. Meantime Davids estate had been growing and he is the first of the family who owned land other than that which he farmed himself. In

Ardwall Papers 407-421. Ardwall Papers 388. 833 Ardwall Papers 401. 834 Guernsey Manuscripts.
831 832

273

256 other words, he was now something more than a bonnet laird. The meaning of that term may be gathered from the following account of the country folk of Galloway at the beginning of the 18th century835. The tenants in general lived very meanly on kail, groats, milk, gradden grinded in querns turned by the hand, and the grain dried in a pot, together with a crock ewe (a ewe past bearing) now and then about Martinmas. They were clothed very plainly, and their habitations were most uncomfortable. Their general wear was of cloth made of waulked plaiding, black and white wool mixed, very coarse, and the cloth rarely dyed. Their hose were made of white plaiding, sewed together, with single-soled shoes, and a black or blue bonnet, none having hats but the lairds, who thought themselves very well dressed for going to church on Sunday with a black kelt coat of their wifes making. David McCulloch bought the 5 merk lands of Irelandtoun and Knockendarroch from Rodger and James Gordon of Troquhen in 1702836. These lands had originally belonged to the McClellanes of Gelstoun and had been sold in 1594 by William McClellane to John Gordoun of Troquhen837. Also in 1702, David McCulloch bought the 3 merk lands of Balmacraill (now known as Cairnholy) 838. Originally part of the barony of Cardiness, they had been sold in 1621 by William McCulloch of Myretoun to Gilbert Broun of Backbie839, who, in turn, sold them in 1647 to Thomas Corbet in Drummuckloch, whose son, Robert, sold them to David McCullochA. P. 34.840. The purchase of Irelandtoun was made necessary by the redemption by Colonel William Maxwell of Cardoness of the wadset of 3000 merks over Lachintyre, Milnemark and Marquhoher, which had been in

Maxwell: Dumfries & Galloway 319. Ardwall Papers 26. 837 Ardwall Papers 23. 838 Ardwall Papers 39. 839 Ardwall Papers 31. 840 Ardwall Papers 34.
835 836

274

257 existence since 1655. The Colonel, having amassed a fortune during his military career, was now engaged in reclaiming the estates of his wifes forbears, the Gordons of Cardiness by redeeming the wadsets with which they were encumbered. Although there is no direct evidence on the point, it may be inferred that the purchase of Balmacraill was similarly made necessary by the redemption of the wadset over Bardristane. The necessity arose from the difficulty at that time of investing noney. The investor of the day was more or less limited to the pure of land or landed security, and the era of the joint stock company was yet to come. One of the earliest commercial ventures of this nature was the ill-fated Darien Scheme, whose disastrous finish two years earlier cannot have been an encouragement to cautious Scots farmer folk to indulge in similar enterprises. Thus, in 1703, David, having some further funds for investment, purchased an annualrent of 56 furth of the Isle of Knockbrex841 now Ardwall Island. Six years later he obtained a wadset for 1000 Scots over the island, from the owner, William McGuffog of Rusco. He was thus himself able to exercise the rights of an owner. In 1722 he granted permission to Robert Cleelan in the toun of Killiboag in the Kingdom of Ireland, for a consideration of 35/-, for one year, to cut sea wrack growing about the Isle of Knockbrex, for the making of kelp842. And in 1722 also, he made a petition to the Exchequer anent the distress threatened against him by James Blair of Senwick, Collector of Supply, for nonpayment of cess in respect of the Isle of Knockbrex. Among the

841 842

Ardwall Papers 426. Ardwall Papers 447.

275

258 arguments adduced, it was stated that the said isle cannot be reckoned to belong to the said paroch because separate from the mainland by the sea and no human creature living upon it.843. At this time the convenience of fencing fields began to be generally recognised: proprietors carried it on vigorously - not, however, without encountering opposition from disciples of the old school. It interfered with the interests of rustics employed to tend and herd cattle and sheep on the pastures, as well as with the old and wasteful runrig system of cultivation, and the rights of common pasturage. Bands of Levellers, as they called themselves, scoured the country at night, throwing down the fences and even houghing and maiming the cattle closed within them. The ringleader of these levellers was the celebrated Billy Marshall, of the blood royal of the gipsies. In addition to the grievance of loss of employment owing to discontinuance of herding cattle, was the discontent caused by throwing small crofts into larger farms in the ordinary process of land improvement. Probably the necessary evictions were not always carried out in a considerate way: bitter feeling was engendered and frequent riots ensued. Enclosure also led to much argument between neighbouring lairds as to the precise line of their marches. David McCulloch thus found himself at law with Colonel Maxwell of Cardoness as to the march between Nether Ardwell and High Ardwell 844. The argument, however, appears to have been settled and, in 1723, the two of them entered into a contract with Thomas Donaldson, a dykebuilder at Laggan, for the building of the necessary dyke845.

Ardwall Papers 445. Ardwall Papers 448-51. 845 Ardwall Papers 453.
843 844

276

259 David McCullochs first wife, Isobel Maxwell, must have died before 1710 for, in that year he married for a second time, Elizabeth, daughter of Mr William Veitch, Minister of the Gospel at Dumfries: the contract was dated 5 May. William Veitch had been a noted covenanting divine. He was born at Roberton in Clydesdale on 27 April 1640 and was the youngest son of the minister of that parish. To some extent his fortunes were mixed up with those of the martyrs, Welsh and Grierson. Like them, he took part in the battle of Pentland, having been induced by Mr John Welsh, Minister of Irongray, and others, to cast in his lot with the daring little band who began Freedoms battle against Prelacie and Tyrranie, though, for the time being, their cause seemed desperate, and its advocacy brought death to many of them, and sore trials to them all. After the covenanting ranks were broken on Rullion Green, Mr Veitch, to use his own words fell in with a whole troop of the enemy, who turned his horse violently in the dark and carried him along with them, not knowing but that he was one of their own. Fearing that his demeanour might betray him, he kept outside of the troop as well as possible, and the moon beginning to shine forth as they descended in pursuit of the fugitive insurgents, he thought his only chance of eluding discovery was to spur his horse up the hill and get out of sight. No sooner had this movement been made by him than cries of There goes one of the rogues who commanded the rebels, greeted his ears, followed by more dangerous salutes in the form of leaden balls, which came whizzing about him, dangerously near. His good steed, however, carried him away safely to a friends house on

277

260 Dunsyre Common, less than a mile distant from his own dwelling at Westhills. For more than 20 years afterwards Mr Veitch was a marked man, and had he not, by crossing the Borders, baffled the search that was made for him, it is almost certain that, like Welsh and Grierson, and scores of other Pentland heroes, he would have perished on the scaffold. He resided for a long period in the north of England, ministering on sufferance to various attached congregations; but twelve years after his flight to the South, he was apprehended near Morpeth on the double charge of being an unlawful teacher of English non-conformists and a fugitive, traitorous outlaw from Scotland. When brought before the Scottish Privy Council, accused of having been engaged in the Pentland Rising, he boldly laid the burden of proof on his accusers who, because they lacked sufficient evidence, sent him back to jail, the wonder being that by the thumbikins or the boot, as was their wont in such obstinate cases, they did not try to make the prisoner criminate himself. While still in durance, a sentence of death that had been passed on him in 1666, or the year afterward, was brought up anew, and he who had had many hairbreadth escapes, seemed to be fataliy snared at last. Not so, however; thanks to an opportune change having taken place in the Kings Counsellors, and to great influence having been used on his behalf, the sentence was commuted to one of banishment from Scotland during the days of his natural life, so that he was left free to go back to his friends in Northumberland.

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261 After the Revolution, he accepted one of several calls and settled down at Peebles. Four years later, he was invited both by an Edinburgh and a Dumfries congregation to become their pastor. He preached in St. Michaels Church, and, being pleased with the people, and their mode of receiving him, he gladly responded to their call, when the General Assembly ruled that he should accept it rather than the competing one from Edinburgh. Accordingly Mr Veitch was duly inducted Minister of Dumfries in September 1694. He was four times Moderator of the provincial Synod, and remained at Dumfries for 21 years, demitting his charge at the age of 75 in May 1715. He died in May 1722, his devoted spouse, Marion Fairley, who had been united to him for 58 years, predeceasing him by a single day. They had ten children, four of whom died young. Two of their sons attained eminence in the army, one of them, Captain William Veitch, acting creditably as the military chief of the ill-starred Darien Expedition, in which the other son, Samuel, also participated. The latter subsequently led one of the regiments which captured Port Royal, Nova Scotia, from the French and was rewarded with the governorship of the place which was renamed Annapolis after the Queen. Ebenezer, their youngest son, followed his father's profession and was long minister at Ayr. Elizabeth, their second daughter, and sixth child, was born at Harnam in the parish of Bolam, in Northumberland, on 20 May 1664, and married David McCulloch of Ardwall on 7 June 1710 at Dumfries.846 847. She survived him and died in July 1731. David McCulloch died on 4 October 1724848. By his will, which

Veitch: Memoirs. McDowell: Memorials of St. Michaels Churchyard, Dumfries. 848 Ardwall Papers 45.
846 847

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FAMILY AUTOGRAPHS - III

David McCulloch of Borness 2nd son of David McCulloch (i) of Ardwall.

James McCulloch, Mariner, 4th son of David McCulloch (i) of Ardwall.

Robert McCulloch, Merchant, Jamaica, 5th son of David McCulloch (i) of Ardwall.

Isobel McCulloch, eldest dr. of David McCulloch (i) of Ardwall.

Margaret McCulloch, youngest dr. of David McCulloch (i) of Ardwall, and spouse of William Rae, schoolmaster in Cumnock.

280

262 was dated 1 June 1724, he being at present sick and weak of bodie yet sound in memorie and judgment, committed his soul to Almighty God, creator thereof hopeing to be saved only through the merits of Jesus Christ, my Redeemer and Saviour, gave legacies to all his family, and directed that his bodie when it shall happen me to depart this life should be decently buried in his burying place in Anwoth Church Yeard849. By his first wife, Isobel Maxwell, David McCulloch had the following issue:1. Edward McCulloch (i) of Ardwall, of whom hereafter. 2. David McCulloch, 2nd son of David McCulloch of Ardwall, was intended for the law, and was indentured in 1710 to Robert Fullarton, Writer to the Signet in Edinburgh 850. However, his marriage on 28 January 1715 to Jean, the only child and substantial heiress of John McCulloch (iii) of Barholm, put a period to his legal career and he returned to settle in Galloway. His wife, however, did not long survive, and died in 1723 leaving him with two small children, John McCulloch, later (iv) of Barholm, and Isabel who later married William Gordon of Drumrash and Greenlaw. Further details of the descendants of David McCulloch have been given elsewhere (see page 183). David remained a widower for 34 years and lived at Borness, of which place he is usually described851. He was a curator of his nephew, David, son of his elder brother, Edward McCulloch of Ardwall, and filled a post in the customs at Kirkcudbright 852 which can have been no sinecure in those days when smuggling was at its height, and virtually the whole countryside was engaged in the free trade'.

Ardwall Papers 454. Ardwall Papers 460. 851 e.g. Ardwall Papers 588. 852 Kirkcudbright Testaments.
849 850

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FAMILY AUTOGRAPHS

Execution of the Indentures between Thomas Hunter, Chirurgeon Apothecary in Dumfries and Henry, 3rd son of David McCulloch (i) of Ardwall.

John McCulloch, merchant (founder of the Guernsey branch of the family), 6th son of David McCulloch (i) of Ardwall. One of the witnesses is William McCulloch of Kirkclaugh.

282

263 In 1757 when he must have been over 60, he decided to venture on marriage for a second time; the lady of his choice being Euphemie Brown. He only survived two years, however, and died in June 1759. His widow subsequently married Colin Mackenzie, Kirkcudbright, and survived until 1763853. 3. Henry McCulloch, 3rd son of David McCulloch who was intended for a medical career and was indentured in 1710 to Thomas Hunter, Chirirgeon Apothecary in Dumfries 854. In the picturesque language of his indentures, he bound himself not to reveal his masters secreits in his arts nor the secreit diseases of his patients to anyone, nor is to have any patients of his own under cure: and that he shall not commit the crymes of fornication or adulterye nor play at any games whatsoever: and that he shall not be drunk, or a night walker, nor a haunter of debauched idle company, nor goe to ale houses or taverns to tipple or drink with any company whatsomever: and that he is to keip his ordinar diets at bed and board unless he be withdrawn in his masters necessar affairs. Though Henry duly served his apprenticeship, the course of it was, evidently, not entirely smooth, and on 2 June 1711 Thomas Hunter wrote to David McCulloch855, Your son still continowing worse I went to the Hills in April and aquainted his unkle advysing him to come down and hear qt Henry had to say. Accordingly Hills comes down and hears qt I had to say against your son. Hills being sorry for my damage asks Henry what say you to those things and he answered nothing. Then I gives him his liberty before his unkle and told I had no service for such unfaithful servant. Then his unkle intreats that I should keep him a little longer, which I condiscended with respect to you and him. Then his unkle desyred him to beg our pardon but for all the intreaty which Hills could make upon him, he would not doe it. So since that time the rest of apprentices complained that they missed medecines and said we are shamed and you

Culvennan Manuscripts. Ardwall Papers 464. 855 Ardwall Papers 466.

853 854

283

264 ruined, and we cannot help it soe I challenged Henry before them for those medicines. He answered nothing more. I says to Henry seeing that all that has been said to you by your relations or me has had no effect but that you ere still growing worse, therefore I order you to goe to your unkle and tell him these things, and I desyre he may come here as soon as his, conveniency will allow. So, expecting that he was gone to the Hills and that Hills would be here on Wednesday, did not doubt but he was there and when I heard no word from Hills I wrote to him and he came here yesterday and told me he had not seen him soe I expect he is at the Ardwall with you. I am heartily sorry that ever I should have had so great ground to complain so frequently either to you or his unkle of my dammage and have shewed all willingness these twelve months bypast to oblidge you by keeping your son, still expecting better but he rather grows worse, which has been very uneasie to my mind, besydes my loss. I am sorry that ever I should have had the occasion to write this to you in particular whom I wish as well as myself and God grant I may never have the like occasion to any gentleman againe. My wife gives her service to you and your lady. Expecting your answer by this boy, I am in all sincerity, Your well-wisher and humble servant, Tho. Hunter. Of all the resources of civilization, the science of medecine was at the same time, the least trustworthy, and the most self-confident. The gross empiricism of its practitioners, the lack of scientific knowledge, the use of preposterous methods, the ignorance of all rational remedies, were as scandalous as in the middle ages. The sciences of physic and surgery were in their infancy, and till 1726 in Edinburgh, and 1740 in Glasgow, there was no University school or qualified professor. Only those men who went abroad to study under Boerhaave at Leyden, or in Paris, could get any insight into their profession. Others learned their art in the sickroom of the patient, or in the shops of chirurgeons.

284

265 But as a rule the art of healing was in the hands of chirurgeon-apothecaries, who had learned what little they knew when serving their apprenticeship to uneducated country surgeons, who acted as general practitioners, and whose drugs they had made up in the closets where they wielded the pestle. It is true that their fees were small, and it once was usual for a doctor to get the gift of a hat or propynes of malt or meal for services. Yet, in those days, when sanitation was unknown, when the mansions of the great were without the most rudimentary and essential conveniences of cleanliness, when there were epidemics which passed with fatal virulence over the population, when ague arose yearly from the marshy soil, disabling its thousands, when small pox ravaged the community, and fevers were nourished in filth, there was ample need for all the skill and knowledge of the profession. The inevitable panacea for almost every disease, according to the practice of the age, was, of course, bloodletting; and in those days there was more bloodshed in peace than in time of war. Among the concoctions, centauries, and vomitories applied, were ingredients which it would be hateful, disgusting to describe, not to speak of swallowing, which were recommended far on in the century by country practitioners, even after they were being discredited by the more enlightened men of the profession. It says much for the vigorous constitutions of the people that under such a barbarous state of the healing art, the rate of mortality of our forefathers was so moderate. In the light of the foregoing remarks upon the practice of medicine at the time, it is of interest to consider what manner of medicine was

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266 purveyed by Henry McCullochs master, Thomas Hunter. It is possible to do so because the latter used to attend Henrys uncles, Robert and Edward Maxwell of Hills, and one of his accounts, dated 1720, survives856. He appears to have dealt almost exclusively in pills and does not enlarge upon their contents: but pills could, and, doubtless, still can, cover a multitude of sins. It would be interesting, for instance, to know the composition of Diuretick Pills (at a guinea a box) or Purgeing Pills (at 16/6 for a box of three doses) or Deobstructing Pills (at 8/6 the box), all frequent items. Other items which might not have stood a close analysis were a vomiter of Ipecacouna (at 6/-), a Vulnerary Oyntment (8/-), and Kings Drops (at 12/- the glass). One cannot help feeling that the youthful Henry had ample scope for practical jokes on his uncle! After leaving Thomas Hunter, Henry appears to have taken to the sea where he did not survive long and predeceased his father. According to the Culvennan MS 857 he died unmarried on the coast of Guinea. The Guernsey MS gives him a more picturesque end and describes how he was on board an English vessel going up the Mediterranean when she was attacked by a Barbary corsair and, though defended stoutly, taken by boarding. Henry resolved not to be a slave, retired and defended himself in his cabin where he was at last cut down. These Corsairs, as they were called, were pirates based along the African shores of the Mediterranean whose continued existence was due to the jealousy of the European Powers in refusing to allow the

856 857

Ardwall Papers 1483. Culvennan Manuscripts page 64.

286

267 establishment of one of their number along the North African shore. The havoc they wreaked on oceangoing merchantmen of the Levantine Company and on all other kinds of craft on the Eastern trade routes not only in the Mediterranean but up the shores of Biscay and even, at one time, as far as the Western Approaches themselves was such as to endanger our whole trade with the Orient. At last, in 1816, Great Britain sent out an expedition under Lord Exmouth to quell these pirates once and for all. Tunis and Tripoli were captured without difficulty but Algiers defied him whereupon the Admiral read the piratical, slave trafficking Dey one of the Navys sternest lessons. He entered the harbour, silenced the batteries and totally destroyed the enemys fleet. 4. James McCulloch, 4th son of David McCulloch, was indentured in 1714 to Robert Smith, mariner, and master of the good ship The Concord of Glasgow858. Except for a single letter written to his brother, Edward in 1739, announcing his safe arrival home from Virginia and Madeira, nothing, unfortunately, is known of his career at sea. But in all probability he may be identified with James McCulloch, Master of the Betty of 16 tons burthen who, according to the Dumfries Burgh Records, sailed twice from Whitehaven to Dumfries, on one occasion with a cargo of lime, in 1752, and again as Master of the Dalkeith of 30 tons burthen in 1753859. For a time at least, he appears to have been associated with his brother, John, whose merchandise he carried in his ship. It was an association which, unfortunately, led to a protracted dispute between them, arising out of a joint venture in the ship Thistle, which resulted in a loss, as the following accounts shew.

858 859

Ardwall Papers 467.

Transactions of the Dumfries & Galloway Natural History and Antiquarian Society 3rd Series XXXIII 132. 287

268 SHIP THISTLE Dr. To the amount of Ships cost at Boston when at sea To premium of Insurance, Mens wages, provisions etc, from Boston, West Indies and to Isleman To the amount of her lumber cargo at Boston for West Indies To charges paid out on two other voyages To loss on a second rum cargo sold at Isleman occasioned by great leakages at Dublin 350. 0.10 To outstanding debts by a/c given into arbiters at Edr. 120. 3. To Armour & Pringles debt at West Indies Cr. By freight of first rum cargo brought to Isleman By a return of premium of insurance By neat proceeds of a lumber cargo sold at West Indies By neat proceeds of a cargo of rum sold at Isleman By amount of tobacco freight at London By a second rum freight at Isleman By 2 Linen debentures By exchange on Dublin bills By the amount of ships price sold at London By Loss on the whole concern besides outstanding debts James McCullochs capital stock invested in trade with brother John McCulloch. -------------Amounted to by account furnished by said James in June 1750 at Kirkcudbright, including wages due him and everything else The next years wages for 20 months from Liverpool, Virg., West Indies, and from thence to London when ship was sold amounted to
1185.18. 7 434.11. 8 250. 4. 3 825. 2. 4 173.19. 7

470. 3.10 3340. -. 5 605.18. 4 30. 422. 7. 7 321. 5. 0 631. 8.10 521. 1. 5 73. 3. 9 20. 6. 6 380. 2996.11. 6 343. 8.11 3340. 0. 5

655. 9. 6

100. 755. 9. 6

288

269
755. 9. 6

Deduct off this the of the losses on the whole concern as 343. 8.11 on the other side above which amounts to The outstanding debts may be reckoned on as losses The one fourth part of this sum belongs to James McCulloch This is the net capital James McCulloch ought to have in trade at Desolving the Copartnery860
470. 3.10 813.12. 9 203. 8. 2

552. 1. 4

Some of the items in this statement are of particular interest. It is a tradition that the family at Ardwall was at one time much involved in the free trade, and that John McCulloch, youngest son of David McCulloch, was sent abroad to attend to the foreign end of this usually profitable business. The above statement certainly lends support to this tradition, for it cannot be supposed that the three cargoes of rum for Jamaica, or the consignment of tobacco, were intended to remain in the Isle of Man. One must conclude that they were brought there merely for the purpose of bulk-breaking, and for the transshipment to smaller craft, to be run over to the Galloway Coast. The dispute over the venture in the ship Thistle appears to have started in 1757 when James instructed the arrestment of certain goods in Johns hands861. His friends attempted to dissuade him and seem to have been successful. But in 1761 it was Johns turn to take action, and a letter of James of 1762 mentions a charge of horning at the instance of his unnatural brutish brother in the Isle of Man. The two brothers had still failed to settle their differences in 1766862. All this time, James was living with his niece, Mrs. Gordon, daughter of his brother, David, at Greenlaw, and there he died in 1782 at the ripe old age of 86863. He left his estate to

Culvennan Manuscripts page 97. Culvennan Manuscripts II 108. 862 Culvennan Manuscripts II 106. 863 Culvennan Manuscripts II 65.
860 861

289

270 Mrs Gordon864, by whom his Inventory was given up. It included 40 guineas in gold, 3/6 in silver found in defuncts desk, Clothes, books, mariners implements, as valued by John McClellan, schoolmaster at Crossmichael, 2 gold Spanish pieces 1708 and 1735, Gold coin of Charles I, Gold French piece, A pair of stone sleeve buttons set in silver, A pair of silver shoe buckles, A pair of silver knee buckles, Another silver buckle and an old silver watch, 6 silver spoons at 4/6 per oz. 6 silver spoons and tongs, sundry coins.865. For some reason not clear, James McCulloch was buried in Lochrutton Kirkyard, where the epitaph on his tombstone reads, Here lies the remains of James McCulloch, son of David McCulloch of Ardwell Esqre. Tho Boreas Blasts and Neptunes Waves Have Tossd me To and Fro In spite of both, by Gods Decree I harbour here below Where I do now at Anchor ride With many of our Fleet Yet once again hope to set sail Our Admral Christ to meet. Nat. Feb. 15th 1696 Ob. Mar. 19th 1782.
5.

Robert McCulloch, 5th son of David McCulloch, became a merchant in Jamaica. It was about half a century since the island had been colonised under Cromwells auspices and those picturesque, cutthroat pirates, the Buccaneers, whose main resort the island had been, suppressed: and though the maroons, descendants of the original Spanish negro slaves, still lurked in the mountains and other inaccesible places, and were, on occasions, a source of trouble to the settlers, the island was well set on that steadily increasing course of commercial prosperity

864 865

Guernsey Manuscripts. Kirkcudbright Testaments.

290

271 which was to last until the 19th century was well advanced. It was a prosperity based mainly on cocoa, sugar, coffee, cotton, and pimento, and an unlimited import of negro slaves from Guinea, to the number of upwards of 5000 annually. That Robert participated in this prosperity is evident from his will which was dated 2 May 1747866. He died in 1749 leaving substantial legacies to his widow, Charity Stevens, and his children, Peter, Lucia, and Frances, begotten by him on the body of the said Charity Stevens, of the parish of Kingston, a free mulatto woman. Nor did he forget his brothers and sisters in Scotland. The Guernsey MS and the Culvennan MS867 both state that Robert McCulloch died at Bath.
6.

John McCulloch, 6th son of David McCulloch, like his brothers, received a good classical education, at the hands, it is said, of a young clergyman retained in his fathers house868, and spoke the latin tongue fluently to his last years.

The great domestic problem in every age with parents is how to get their daughters off and how to get their sons on. To David McCulloch, with 7 sons, not to mention 3 daughters, this problem must have been specially acute, more so at this period when there were extremely few openings for the sons of gentlemen, little trade, a meagre commerce, and few industries; when the army called forth little enthusiasm in the Scots to fight the battles of the English; when the colonies had not yet opened their avenues to fortune. Younger sons had a small range of employments to choose from in the absence of commerce and colonial enterprise. The professions were open; but till near the middle of the century medicine was little taught in the country, and those who wished to learn this subject required to study it in the medical schools of Leyden or Paris. The Church, of course, was a shut career to the Episcopalian by its polity, and an unattractive career to many a Presbyterian from its austerity and fanaticism. The law, especially

Ardwall Papers 471. Culvennan ManuscriptsII 65. 868 Guernsey Manuscripts.

866 867

291

272 the Bar, was the best profession for a gentlemans son who wished to live by his brains and associate with his equals. But even that was for the few. It was therefore in trade that younger sons of good family often sought a livelihood. It was not considered below their dignity to become apprentices to shopkeepers, who under the vaguely comprehensive title of 'merchant might deal in anything from tallow candles to Tay pearls. Silversmiths, clothiers, woollen drapers, were frequently men of high and social position. The brother of a proud land proprietor did not disdain to sell in his cramped, ill-lighted wareroom so many yards of shalloons, or Kilmarnocks; for in those days a gentlemans son felt it as natural to fall into trade as for a rich tradesman to rise out of it. As far as his five elder sons were concerned, it has been seen how David McCulloch solved this problem. The solution in Johns case was commerce and he was apprenticed to James Corrie, merchant, and Provost of Dumfries869, a curious choice in view of the quarrel and litigation then in progress between him and Johns eldest brother, Edward, over the sale of the Hills Wood (see page 526). Corrie is said to have been deep in the Virginia line and sent John there to reside and manage his concerns. At the conclusion of his apprenticeship John went into business in Glasgow. At this point, according to the Guernsey MS, his eldest brother, Edward, who had been in a rather tender state of health, and had taken a resolution not to marry, persuaded him to return to Galloway on the understanding that the family estate would be settled on him. John therefore, settled at Wigtown where, on 28 February 1738870 he married Agnes, daughter of David Boyd surgeon there and sister of Mrs John McCulloch of Torhouse (see page 105). Her family is said to have been a cadet branch of the Kilmarnock family871. John was described as a merchant in Wigtown in 1733872. Later he moved to Kirkcudbright and was on the assize there in 1751 at the trial of the gipsy,

Ardwall Papers 473. Ardwall Papers 478. 871 Ardwall Papers 478. 872 Ardwall Papers 475.
869 870

292

273 Henry Greig, who was condemned to death for theft, robbery, and house-breaking873. Here he was a member of the Friendship Company874, and building a number of fine large ships, entered into the Virginia line at the instigation of his friend, a Mr. Alexander of Edinburgh, who had the purchasing in Great Britain, of all tobacco for the French Farmer Generals. From Kirkcudbright he appears to have moved to Ramsay in the Isle of Man, perhaps in pursuance of his smuggling activities, and was there in 1761 and 1765875. Eventually, his business having increased considerably, he settled in Liverpool, though he appears to have been for a time at Roscoff in Brittany. At Liverpool his interests turned him chiefly into the Jamaica line. This was clearly a profitable field and he may well have been influenced by his brother, Robert. It is to his credit that he refused, on moral grounds, to have anything to do with the Guinea trade in slaves, which was then making immense profits. In Liverpool, in the space of one year, John McCulloch suffered two serious losses. A large ship, frigate built, on her way home fully loaded from Jamaica off the Mounts Bay, sent ashore a letter by a fishing boat, to order in London insurance to be made, as he had outrun his dispatches from Jamaica. The captains letter bore to insure at and from the Mounts Bay to London, his place of discharge. She was dismasted, and, while in a state of distress, was taken by a French privateer close into Calais. The underwriters resisted Johns claim and the judge decided against him as the vessel was not at, but off the Mounts Bay, where a ship was lying as a convoy. Another vessel fell into the hands of the Spaniards in the West Indies. It was claimed by our Ministry, but, unluckily, before delivery was made the War of Jenkins Ear with Spain broke out, so, restitution was impossible. This, and other matters lost to John in one year 50,000. The town of Liverpool was greatly surprised to find no

Nicholson II 435. Ardwall Papers 476. 875 Culvennan Manuscripts II 95.

873 874

293

274 claims against him, but he had laid it down as a maxim not to engage in any merchandize without the funds prepared for the payment. After this he struggled through life with various fortunes and at last died aged 80 in Penryn on 17 August 1784, leaving his family pretty well. Shortly before this he had dissolved his partnership with his son, James, who was then in France876. John McCulloch and Agnes Boyd, apart from 4 sons and 3 daughters who died in infancy, and Agnes, who married William Scott of Penryn, who was drowned at sea and whose family of 2 sons and two daughters died in infancy, had issue:1. James McCulloch, who was born in 1747877. He was for a time in partnership with his father. Later he appears to have resided in France and was imprisoned there during the Revolution. Of this, Mrs Gordon of Greenlaw, his first cousin, in a letter to her son, (Sir) Alexander Gordon of 30 November 1794878, wrote, Mr McCulloch, son and daughter, came here on Tuesday night, his health seems to be much hurt by his usage in nine different state prisons, and, of course, his spirits much depressed. Mr McCulloch was imprisoned where ninety others were kept, enduring insults and hardships from their keepers. Had Robespierre lived three days longer their lives were to have been cut off and many more innocents to empty the prisons for others. Mrs McCulloch kept with her husband to share his fate. He could not lengthen his time, his son having got an appointment at Woolwich in the artillery, there was a danger of his being superseded, he being ordered to join. They went yesterday. James McCulloch was the author of a history of the family, often referred to in the present account of the Guernsey MS. He wrote this for the benefit of his son, James, and from his own recollections. Though it suffers from the inaccuracy common to such reminiscences, it is a valuable and interesting source of information. James McCulloch married Elizabeth, daughter of Thomas de Lisle of Les Caches in the parish of St. Martin, and of La Belle in the parish of St. Peter Port, Guernsey, Jurat of the Royal Court of Guernsey and his wife, Elizabeth Dobree. They eloped to Gretna Green to get

Guernsey Manuscripts. Guernsey Manuscripts. 878 Culvennan Manuscripts II 124.

876 877

294

275 married. Her parents refused to consent to their marriage because he was a foreigner from Scotland but they were forgiven later. They had issue:1.

James McCulloch of La Pierre Percee, Guernsey, who married Elizabeth Clancy, of an Irish family settled in Brittany, and had issue:James McCulloch, 1815 - 1849, who predeceased his father unmarried. Isabel McCulloch who was born in 1812 and married in 1832 the Rev. Thomas Brock, Vicar of St. John the Evangelist, Peter Port, Guernsey. She died in 1905 leaving issue:Herbert Brock, Colonel, The Royal West Kent Regiment, who has an only son:

a.
b.

i.

Roy Brock, Major, also in the Royal West Kent Regiment who married Barbara Knox and has no issue. ii. De Lisle Brock, the youngest of the family, who was in practice as a Doctor in Tooting. By his wife, Augusta Harvey, he had two children: 1. 2. Basil Brock, of the Indian Army, and De Lisle Brock both of whom died without issue.

iii. Alice Brock, who married Dr. Alfred Street, who was in practice as a Doctor in Westgate. They had no issue. iv. Lucy (Louise) Brock who married Professor Gwatkin, Professor of Ecclesiastical History in the University of Cambridge. He died in 1916. Their three children, Clancy, Paul and Ruth, all died unmarried. v. Ella (Ethel) Brock who died at the age of 17.

vi. Grace Brock who married the Rev. George Fox, Burghfield, Hampshire. They had two children, daughters, Dorothy and Marjorie, who both died unmarried.

295

James McCulloch of La Pierre Percee, Guernsey

296

276 vii. Nan (Annie) Brock who married the Rev. George Floud, Vicar of Petersfie1d, Hampshire. with issue: 1. Harold Floud who had issue: A. A son, with issue a son.

B. Doris Floud who married the Rev. Rawsthorne, with issue, a son, Laurence Rawsthorne and two daughters. Anne and Fiona Rawsthorne. C. 2. Joyce Floud, who married Mr Ross, a banker in India, with issue 3 sons.

Sir Francis Floud High Commissioner of Canada 1937, who had issue:A. B. C. Peter Floud, with issue 3 children. Bernard Floud, with issue 3 children. Molly Floud, a twin to her brother, Peter, with issue 2 Sons.

3. 4.

Enid Floud, who died unmarried. Patience Floud who died young.

viii. Marion Brock, who married the Rev. Alfred Cope, Vicar of Shuckburgh in Essex with issue: 1. Arthur Cope, who died young.

2. Edward Cope, who married Gladys Wake, to whom I am indebted for much of the information concerning this branch of the family, their daughter A. Rosemary Cope, of Buttermere, Cumberland married Rodney Twitchin, with issue:a. b. 3. Rollo Twitchin Zoe Twitchin

Marion Olivia Cope, who married George Colchester, with issue:

297

Dr John McCulloch

Harriet Rowley McCulloch dr. of Thomas McCulloch and wife of Samuel Elliot Hoskins S.R.S.

298

277 A. George Colchester, Colonel, Royal Artillery.

B. John Cope, Indian Civil Service, who died in Burma. His wife was Shiela Ellis but he had no family. ix. Florence Brock, who married Dallas Hadington Rector of Burghfield, Reading. Their daughter, Nan, died unmarried. One cannot help thinking that Parson Brock brought up his large family on strict lines: of his seven daughters, one died young and another married a doctor. No less than 5 married clergymen. 2. Thomas McCulloch, who married Harriet le Marchant Rowley, daughter of Thomas Rowley, and Martha de Sausmarez, his wife, and had issue:a. Sir Edgar McCulloch, F. S. A., Jurat of the Royal Court of Guernsey and Lieutenant Bailiff. He was born in 1808, knighted in 1886, and died 31 July 1896. b. Harriet Rowley McCulloch, who married Samuel Elliott Hoskins, F.R.S. He was born 7 February 1799, became a medical practitioner and attained distinction not only as such but also as a research worker. He died 12 October 1888879. They had issue:1. The Rev. Edgar Hoskins, Curator of All Saints, Margaret Street, London.

ii. Sophie Brownrigg Hoskins, who married James Balfour Cockburn, M.D., a surgeon in the army, and had issue:A. Jessie Cockburn, who married Major McCullough and had issue:I. II. Terence McCullough Irene McCullough, who died without issue.

879

Obituary Notice Star Guernsey.

299

Thomas McCulloch

300

Sir Edgar McCulloch

301

278 3. Dr. John McCulloch M.D., F.R.S., F.L.S., F.G.S. etc. He was born 6 October 1773 and early evinced an aptitude for science. As his family were then living in Cornwall, he was educated, first at P1ympton, then at Penzance, and, finally, at Lostwithiel Grammar Schools. In 1790 he went to Edinburgh to prosecute his medical studies and obtained his diploma as a physician at the age of 18. He subsequently entered the artillery as an assistant surgeon and, in 1803, accepted the situation as chemist to the Board of Ordnance. In 1807 he was residing at Blackheath where he practised as a physician. It is said that his knowledge of medecine, geology, mineralogy, chemistry, and trigonometry, was perhaps never exceeded by any individual. He was also well acquainted with theology, astronomy, zoology, botany, physics, and the mechanical arts. He was, moreover, skilled in architecture, drawing, and music. His various publications contain internal evidence of great learning and deep thought. About the year 1811, he was engaged by the Government to make various surveys in Scotland. He consequently gave up his practice, which he never regularly resumed, although he was frequently consulted, The first business on which he was employed in Scotland, was in search of stones adapted for the use of the Government powder mills. The second was an examination of the principal mountains, with a view to the repetition of the experiments which had been made at Schiehallion on the density of the earth. The third had for its object the correction of the deviations of the plumb line on the meridian of the trigonometrical survey. Whilst he was making these surveys, he also employed himself on geological observations, and in collecting materials for a mineralogical map, as well for his own amusement and instruction, as with the hope that they would become useful to the country at some future time. In 1826 he was desired by Government to complete the work he had thus begun; and this was the commencement of the last great public work in which he was employed, the mineralogical and geological survey in Scotland, which was continued every Summer from 1826 to 1832, when he completed it. During the winter of these years he put in order the observations made in the summer, drew

302

279 sections, prepared the map etc. This gigantic work, the labour of one individual, has never been surpassed by any undertaking of a similar nature. For some years, and till his death, he filled the office of lecturer on chemistry and geology, in the East India Companys establishment at Addiscombe. He married in the Summer of 1835, Miss White, whose family resided near there. Soon afterwards, on 21 August 1835, he was flung out of a pony phaeton and was severely injured. His right leg had to be amputated and he only survived the operation a few hours. He was buried at Gulval, near Penzance, where his father had resided once for some years. 4. David McCulloch, Senior Advocate in the Royal Court of Guernsey and Lieutenant Colonel in the Guernsey Militia. He married Susanne Fischer, daughter of a German merchant established at Nantes, and his wife, Susan Dobree of Guernsey. They had issue:a.

Robert McCulloch, who married, first, Margaret Champion, and second Margaret Mauger. By his first wife he had issue:i. Henry McCulloch, Civil Engineer, who married Christine Ross and had issue:A. Robert McCulloch, who died about 1950 in America. ii. Emily McCulloch.
iii. Ellen McCulloch.

iv. Alice McCulloch, who married Mr Ozanne. b. Charles McCulloch, a merchant in Rio de Janeiro, who died unmarried. c. Henry McCulloch, Honourable East India Companys Service, who died at Bombay unmarried. d. Arthur McCulloch, Wine Merchant at Alicante, who died at Newcastle. He married, first, Mary Anne Gaussen (l815-1840), eldest daughter of John Gaussens of Lake View, Co.Derry and had a number of children, all of whom died in infancy, including

303

280 i. John McCulloch, born 1838, died 1839. He married Matilda Collings Mansell (18131899) second daughter of Frederick Mansell, of Les Vauxbelets, Guernsey, and had issue:ii. William Mansell McCulloch, M. D., of Les Touillets, Guernsey, (1849-1924) Jurat of the Royal Court, who married Ellen Selina Beveridge, daughter of Thomas Hutchins Thomson, Captain, 9th Madras Native Infantry, of Ballingall, Fife, and had issue: A. Mildred Etta McCulloch, born 1885, died 1886.

B. Glare Isabel McCulloch, who married Captain Peter Johnston Saint, Indian Army, and has issue:I. Pauline Glare Johnston Saint, who married 18 October 1947, John Dahl Arup, with issue:1. 2. Peter Mann Arup, born 1949. Clive Arup, born 1952.

II. Jeanette Rosalthe Johnston Saint, who married June 1948, the Hon. Dudley Coutts Ryder, elder son of Viscount Sandon of Sandon Hall, Stafford, with issue:1. Dudley Conroy Ryder, born 1951. 2. Frances Rosalthe Ryder, born 1954

C. Janet Ellen Mandeville McCulloch, who married St. John Sampson, (1883-1950) of Finnevana, Ireland, and has issue: I. Nigel Sampson.

II. Diedra Sampson.

304

281 e. Louisa McCulloch, who married William James Curtis, Guernsey, and had issue:i. f. Adele Curtis, who married Captain Morgan.

Sophia McCulloch, who married Samuel Gould, Surgeon, Northfleet, and had issue:i. ii. Arthur Gould, who died unmarried. Gerard Gould, who died unmarried.

g. Frances McCulloch, who married Thomas Gaussen, merchant, Belfast, and had issue:i. ii. iii. John Gaussen, Madras Army. Edgar Gaussen. Charles Gaussen, Clergyman, who married Miss Newbold and had issue:A. B. C. D. E. iv. v. David Gaussen. John Gaussen. Charles Gaussen. Frances Gaussen. Renee Gaussen.

Elizabeth Gaussen. Alice Gaussen, who married, first, Mr. Murray, Indian Civil Service, and had issue:A. T. Francis Murray, Captain, Highland Light Infantry, killed in action in Great War 1914 - 1918. B. Mary Murray, who married Mr Elliott, a son of Sir Charles Elliott by his first marriage, Assistant Commissioner Metropolitan Police with issue: 1. 2. Charles Elliott. Doreen Elliott.

305

282 C. D. E. Edward Murray, Indian Civil Service, drowned in the Stella. Arthur Murray, 1st Brahmans, Indian Army. Euphemia Murray, who married Mr Radici, Indian Civil Service.

Alice Gaussen married, second, Sir Charles Elliott, Lieutenant Governor of Bengal and had issue:F. Claude Elliott, Headmaster and later Provost of Eton College. He married Gillian Bloxam with issue:Nicholas Elliott, married Miss Holberton, with issue:1. 2. vi. h. Claudia Elliott A son.

Edith Gaussen, who married the Rev. Mr. Murray.

Godfrey McCulloch, who died in infancy. i. William Peter McCulloch, who died in infancy.

5. William McCulloch, who was born in 1782. His father, intending him for the mercantile profession, placed him in the house of a relative, a Scotch gentleman in London; but, this sedentary life being irksome to the lad, he determined on entering the army. His father, being in Brittany when the war broke out in 1803, was detained in France as a prisoner, and was unable to assist the son. In consequence, William applied to his brother, Dr. John McCulloch, stating it to be his fixed resolve, if he could not procure a commission, to enlist as a private soldier. His brother endeavoured to dissuade him from his purpose, but finding him steadfast, begged for a commission from the Master General of the Ordnance, with whom he had some interest. An examination of candidates for commissions in the Engineers was to take place within a fortnight, and

306

283 Dr. McCulloch was told that, as an especial favour, his brother would be allowed to present himself. He passed with credit, and thus entered the corps. He was with the army during part of the Peninsular War, and distinguished himself by his reckless daring. At the siege of Ciudad Rodrigo, disdaining to repair to his place in the trenches on foot, he always went and returned on horseback, thus exposing himself needlessly to the fire of the enemy. A ball, ascertained afterwards to have been a 4 lb. shot, grazed the top of his head, and the shock throwing him from his horse, his jaw was broken. He was ordered into hospital at Oporto, but before he was cured, and as yet unable to take any food but liquid, hearing that Badajoz was besieged, he rode thither with his jaw still bandaged, and as soon as the breach was deemed practicable, volunteered as one of the storming party. Here he was again wounded, and, although not seriously, his health had been so much impaired by his previous sufferings, that he was ordered home and quartered at Athlone, where he died very suddenly, a few weeks before the close of the war, on 10 February 1814. 6. Boyd McCulloch, who died unmarried.

7. Isabella McCulloch, who died unmarried. It should be observed here that much of the information concerning the descendants of John McCulloch is taken from the Ardwall Pedigree, which is not entirely reliable. 8. Isobel McCulloch, eldest daughter of David McCulloch of Ardwall, married on 20 March, 1732880 William Crichton, merchant in Dumfries. According to the Guernsey MS they had no children, but the Culvennan MS state that they had a son and a daughter, Isabel, who both died in infancy. 9. Agnes McCulloch, 2nd daughter of David McCulloch of Ardwall, married John Muir of Craig, the contract being dated 21 February 1719881. She did not survive long but predeceased

880 881

Anwoth Register. Ardwall Papers 486.

307

FAMILY AUTOGRAPHS - V

Execution of the Marriage contract between John Muir of Craig, and Agnes, 2nd. dr. of David McCulloch (i) of Ardwall. The witnesses are David McCulloch, brother of the bride, John McCulloch (iii) of Barholm, and Robert Muir of Glenquicken.

Ebenezer McCulloch, first joint manager of the British Linen Company, son of David McCulloch (i) of Ardwall, by his marriage to Elizabeth Veitch. One of the witnesses is James Corrie, Merchant, and Provost of Dumfries.

308

284 her father before 1724, leaving an only daughter, Isobel, who, on the death of her father in August 1729, became an orphan, but possessed of considerable personal estate amounting to about 2000. Her guardians appear to have been her two uncles, Robert Muir of Glenquicken and Edward McCulloch of Ardwall, which was much to the displeasure of her uncle (by marriage), husband of her fathers sister, Peter Campbell, a shipmaster in Monigaff. He therefore went to law882 asserting that Edward and Robert had taken a project to have the possession of the infant and her estate, and to make the latter heritable instead of moveable, so that, on Isobels death, it would pass to Robert Muir to the exclusion of Mrs Campbell. To this end they had propounded forged settlements and deeds of direction and wrongfully intromitted with the late John Muirs papers. Moreover, owing to their delaying tactics, Isobel had now reached the age of pupillarity and could select her own curator: having been sufficiently caressed by Robert and Edward, she was certain to select a nominee of theirs. Edward and Robert denied all this, of course, and replied that Peter Campbell was a sailor, a person in low circumstances and who at least may be said to know very little of business. Furthermore, he had a son to whom the girl might prove a convenient match. The result of the action is not known but Edward and Robert must have been successful for by the following year, 1733, Isobel had married John McCulloch, younger of Kirkclaugh, Edwards brother in law. It can only be hoped that the marriage of this orphan girl, not 14 years old, was not prompted by reasons of sordid finance. She died in 1738 without issue883. Margaret McCulloch, youngest daughter of David McCulloch of Ardwall, married William Rae, a schoolmaster at Cumnock884, who had for a time been tutor at Ardwall to her brother, Ebenezer McCulloch885. It is to be feared that Margaret fell on evil days for a letter of 1765886 mentions the miserable situation of her and her grandson.

W. S. Session Papers 1732. Wigtown Testaments 189. 884 Ardwall Papers 489. 885 Ardwall Papers 491. 886 Culvennan Manuscripts II 297.
882 883

309

285 She had five children, of whom William, David and Isobel died unmarried. Edward married about 1765, Sarah Lawrence, and had a daughter, Jane, born in 1770. Grissell married John Kirkpatrick and died leaving a daughter, Isobel, who died at Greenlaw in 1797, and a son, John, who was killed in the Battle of the Dogger Bank in 1781, an incident of the War of American Independence when Admiral Hyde Parker fought an indecisive action against the Dutch admiral, Zoutman. The Guernsey MS, which must have been written soon after 1800, states that the descendants of Margaret McCulloch were then extinct. By his second wife, Elizabeth Veitch, David McCulloch had two sons:1.
2.

William McCulloch887 who must have died in infancy. Ebenezer McCulloch. When David McCulloch married Elizabeth Veitch, he entered into a marriage contract under which, at his death, she and her only surviving son, Ebenezer, became entitled to certain provisions. Davids heir, Edward, considered these excessive, and attempted to contest them. He felt aggrieved that his young half brother should be left substantially better off than he was: moreover, his stepmother, Ebenezer, and the latters tutor, had remained with him at Ardwall for 3 years after Davids death, before moving to Dumfries, and he felt that he was entitled to some credit for this. The case eventually came to court888 and Edward was found liable in certain payments to both Ebenezer and his mother. The latter died in 1731 but the payments to Ebenezer continued until 1738 889: until 1736 the receipts for these payments were invariably signed both by Ebenezer and one or both of his curators, John Young of Gullyhill, his uncle by marriage, and Gilbert Young, Commissary Clerk of Dumfries890. In 1737 Ebenezer signed by himself891, and one may assume, therefore, that he came of age in that year and was born in or about 1716, when his mother, it may be noted, was upwards of 50.

Ardwall Papers 456. W. S. Session Papers. 889 Ardwall Papers 502. 890 Ardwall Papers 494-495, 497-499. 891 Ardwall Papers 500.
887 888

310

286 Like his brother, John, Ebenezer was destined for a career of commerce and was apprenticed to James Corrie, late Provost of Dumfries892. He remained in Dumfries till early in 1737 and then migrated to Edinburgh893. His distinguished career there has been admirably traced by the late Dr. C. A. Malcolm of the Signet Library in his history of the British Linen Bank. He was kind enough to supply the following information. In 1739 Ebenezer was found in the fashionable shopping centre of the city, the Luckenbooths, as partner of William Tod, linen manufacturer. The Courant of 1741 has an advertisement of the firm894. That at McCulloch & Todds Warehouse in the Turnpike of Browns Land, first door of the Stair Luckenbooths, there is to be sold Scots Linnen, from 2 sh. to 10 sh. 6d. per yard, of their own manufacture, with great Choice of Cambricks, Lawns, Muslins, Dimmetys, Fustians, Cottons, Calicoes, and all other Sorts of Linnen, Drappry Goods, at reasonable Rates. Ebenezer and Tod appeared to be close friends, partners in several commercial undertakings. Both were proteges of Andrew Fletcher, Lord Milton, who appointed them warehousekeepers of the Board of Trustees factory at Picardy, a post worth 600 per annum: and both were appointed joint managers of Lord Miltons Edinburgh Linen Copartnery, the later British Linen Company. They also acted as agents for the Royal Convention of Burghs. In the British Linen Company Tod served mostly in London, while Ebenezer managed its affairs from the Head Office which was first in Halkerstons Wynd (High Street) and later in Moray House. In 1763 Ebenezer resigned his office in order to trade as partner of William Alexander, one of the leading Edinburgh merchants. The circumstances of that resignation are peculiar. The company were to benefit from the partnership to which the directors advanced 50,000 and there was, moreover, an agreement of

Ardwall Papers 495. Ardwall Papers 500-501. 894 Courant 27 Jan 1741.
892 893

311

287 copartnership between the British Linen Company, McCulloch and Alexander which was to endure for 9 years. The arrangement was not carried out owing to the animosity of the Earls of Galloway and Glencairn who threatened to raise an action in court to have it made null and void. The agreement was, in consequence, broken eighteen months later, to the annoyance of the majority of the shareholders of the company. The business of McCulloch and Alexander was not a success, McCulloch becoming bankrupt in 1774. Later he obtained a post with the Board of Trustees for the Improvement of Agriculture and Fisheries as District Surveyor which he held until his death in February 1787. He was buried in the Canongate Kirkyard. Ebenezer McCulloch appears to have been a brilliant man, energetic and impulsive: it was due to him and Tod that the original capital of the British Linen Company was raised from 50,000 to 70,000: and to Ebenezer alone that the introduction in 1752 of the promissory notes was due. He appears to have leased the ruinous house of the forfeited Earl of Winton in Canongate and in it was held the first meeting of the British Linen Company in 1746. His energy is manifest in the amazing number of letters written by him in the earlier years of the companys business and still preserved in the Letter Books of the British Linen Bank. Ebenezer was twice married: first, on 17 December 1744, to Isobel, daughter of William Hairstanes of Craigs in the parish of Dumfries895: and second, on 17 September 1757 to Penelope, daughter of the late John McDowell of Freugh896. Penelope was then residing in the parish of Cumnock. She died in the Isle of Man in 1774897. By his first wife, Ebenezer McCulloch had issue: 1.

Patrick McCulloch of the East India Companys Military Service, who died in Bengal about 1780898 899.

Edinburgh Marriages. Edinburgh Marriages. 897 Scots Peerage. 898 Ardwall Pedigree. 899 Culvennan Manuscripts.
895 896

312

288 2. Mary Isabella McCulloch, who married in 1767, John McDowell, merchant in Glasgow and son of John McDowell of Freugh. He was a younger brother of Patrick McDowell, 5th Earl of Dumfries; and a brother also of Penelope McDowell, second wife of Ebenezer McCulloch. Mary was thus the wife of her step-uncle! A note of her descendants is given in the Scots Peerage900. 3. Elizabeth McCulloch, who died unmarried901. EDWARD McCULLOCH (i) OF ARDWALL Edward McCulloch was indentured in 1710 for a period of 3 years to Patrick McDowell of Crichan, Writer to the Signet, and a member of the Wigtownshire family of that name. At the conclusion of his apprenticeship, however, he did not, for some reason, join the Society of Writers to the Signet, but continued in the capacity of clerk to McDowell, and is described as such in a deed of 1725 902. In Edinburgh at this time, accommodation being extremely limited in the dwelling houses, there were no rooms in which to transact business with clients. Men were therefore obliged to resort to the tavern or coffee house, where the charges were moderate and the rooms were convenient. In the tavern too, advocates met with the writers, when, according to etiquette, the member of the bar bad the choice of the morning beverage, usually sherry in a mutchkin stoup, before the case was discussed; and, if the cause was won, client, lawyer, and advocate, fraternised once more to celebrate the triumph. So essential was this convivial process that the first and last items in a lawyers account were the charges of the

Scots Peerage III 236 & IX 70. Ardwall Pedigree & Guernsey Manuscripts. 902 Ardwall Papers 533.
900 901

313

FAMILY AUTOGRAPHS - VI

Edward McCulloch (i) of Ardwall, the Entailer.

Janet McCulloch, dr. of William McCulloch of Kirkclaugh and wife of Edward McCulloch (i) of Ardwall.

314

289 tavern bill. As an example, there occurs in one of Edwards legal accounts the comprehensive item, To incidents to cadies and in coffee houses at many meetings903. In spite of his subordinate position, Edward had a number of clients of his own. An early one was Robert McClellan of Barclay for whom he acted in a dispute with Thomas Hamilton of Coull and his lady, Jean Hamilton, as to their respective interests in the lands of Upper and Nether Culquha 904. He also acted for Alexander Murray of Broughtoun905, some of whose title deeds remain in the Ardwall charter chest to this day906: and for Mrs Kerr of Chatto anent her brothers violent intrusions into her possession907. He was instructed by his uncle, Edward Maxwell of Hills, to expede the charter necessary on his marriage contract with Janet Goldie908: and by John McCulloch of Barholm to have his wife served heiress to Culvennan909. Three minor clients were James McKinnel in Ornockinoch and John Heron, elder and younger, in Killern between whom he negotiated an agreement concerning great jars, animositys and debates between them910. One of his more important clients was his cousin, Christian Crawford, widow of Captain James Moodie of Melsetter in the Island of Walls in Orkney. Mrs Moodie was the daughter of Alexander Crawford of Kerse and his wife, Lady Margaret McGill, daughter of Sir James McGill, Viscount Oxenfurd: and granddaughter of Lieutenant Colonel William Crawford of Nether Skeldoun, who was a brother in law of William McCulloch (i) of Ardwall911. About 1726

Ardwall Papers 571. Ardwall Papers 507/10. 905 Ardwall Papers 515/23. 906 Ardwall Papers 133/7. 907 Ardwall Papers 524. 908 Ardwall Papers 514. 909 Ardwall Papers 511. 910 Ardwall Papers 532. 911 Ardwall Papers 1282.
903 904

315

290 Captain James Moodie of Melsetter was murdered by Sir James Stewart of Burray, for which, after many years of expatriation, Stewart, at last got a pardon from the King under the Great Seal. About this time Mrs Moodies estate of Kerse was under sequestration and her affairs were in a state of disorder. She sought for and obtained the assistance of Edward, who did all in his power to extricate her and disbursed a good deal of money on her account. In the year 1733 Mrs Moodie alienated Keree and her other properties to William Ross of Shandwick, writer in Edinburgh, who was her man of business. Ross and Edward McCulloch had transactions which resulted in the former becoming debtor to the latter, who adjudged from Hugh Ross, merchant in London, brother and apparent heir to William Ross, not only the estate conveyed to him by Mrs Moodie, but also the estate of Shandwick and other lands formerly belonging to William Ross, now deceased. These properties Edward McCulloch conveyed in 1740 to David Ross, writer in Edinburgh, who had satisfied him for his debt. In a memorial912 it is stated that Edward, having quitt all his business of attending the Session House and other affairs he was engaged in, in order to retire to the countrey for health, and come to town to notice some pleas of his own at the time when the lady (melsetter) was pursuing her husbands murderers criminally, and at her earnest importunity was prevailed upon to look into the situation of her affairs of Kerse. This memorial, which gives interesting information concerning Mrs Moodies affairs, and Edwards exertions on her behalf, states that he went to County Antrim, Ireland, to transact a great debt on Kerse estate due to James McCulloch, father of William

912

Ardwall Papers 1275.

316

291 McCulloch of Piedmont, got a settlement, and obtained from him a disposition dated at the toun of Antrim in February 1739. On his succession to his father in 1724, though he might on occasion come to Edinburgh to notice some pleas of his own, he gradually gave up business and retired to Ardwall. He had been made a Burgess of Dumfries in 1723913 perhaps in virtue of his position as laird of Hills, which he had acquired from his aunt, Mrs Elder, in 1722914. He must have prospered in his legal practice for in 1727 he was to buy the lands of Margrie, Muncraig, and Pluntoun and the Isle of Knockbrex at the judicial sale of the estate of Rusco belonging to William McGuffog915. The following year he bought from William Grierson of Lagg and his father, Sir Robert Grierson, the superiority of the lands of Dalskairthholm in the parish of Troquire916. He thus almost trebled the family estates and was now something of a laird. From this time onwards the family papers include a large number of estate documents, rent rolls, tacks, summonses of removing, rent books, correspondence with tenants, and concerning teinds and all the details with which the landlord of the day had to concern himself. The practice of enclosure was still increasing and Edward was troubled even more than his father, with disputes over march dykes. His neighbour, Colonel William Maxwell of Cardoness, was, apparently, still not satisfied917 and there were disputes also with William Hannay as to the march between Kirkdale and Balmacraill918, and John McGeorge of Cockleek, as to the march between Dalscairth and Hills919.

Ardwall Papers 529. Ardwall Papers 75. 915 Ardwall Papers 91. 916 Ardwall Papers 92. 917 Ardwall Papers 534/6. 918 Ardwall Papers 574. 919 Ardwall Papers 564.
913 914

317

292 The Guernsey MS describes Edward as a worthy, pious man, without ambition, much retird, and there is no reason to doubt this opinion. He appears to have taken little part in public business, although, in 1729, he was one of a committee appointed by the Commissioners of Supply to arrange for the building of a bridge over the Water of Fleet. The other members of the committee were John McCulloch of Barholm, Colonel William Maxwell of Cardoness and William Muir of Cassencarie, and they entered into a contract with John Frew, mason in Dumfries, by which he was920 to build a sufficient ston bridge over the Water of Fleet in the same place where the old timber bridge stood, consisting of two large arches thirty foot wide each and a smaller one on the Girthen land syde, which arches are to be bordoured with cut free ston and the bridge be nyne foot wyde above within the stadges which are to be topped with large free stons chinked into one another and are to be full three feet high above, a sufficient causey to be laid upon the said bridge by the said John Frew, and that the middle pillar shall be eleven foot thick and twenty three foot in length up and down the water, the outer pynns whereof are also to be cut free ston, and the height of the mid pillar and land stools to be such as the said John McCulloch, William Maxwell, Edward McCulloch and William Muir or any two of them shall direct, and that the said John Frew shall erect a hewn free ston on some convenient part of the bridge and engrave such a motto on it as he shall be directed by the gentlemen above named, and that the two land stools shall also be sufficient having their outer pynns also of cut free ston, and that the said John Frew shall extend the causey for such a distance from both ends of the bridge as the said gentlemen shall also direct, that the passages to and from the bridge may be rendered good and easy: for all which Frew is to be paid 150 stg., and 300 merks Scots after the finishing of the bridge if the foresaid gentlemen think he deserves it, and that atour the 150!

920

Ardwall Papers 558.

318

293 Edward McCulloch is chiefly remembered in the family for having entailed the estate: indeed, he is usually referred to as Edward, the Entailer. The entail was a legal device, especially popular at this period by which landed proprietors endeavoured to insure that their estates should remain in perpetuity in their families. An heir of entail precluded from selling, or even, until later and within certain only prescribed limits, from burdening the entailed estates. But, as Edwards successors were to find, an entail had its drawbacks: an heir of entail might find himself overwhelmed with debt, quite unable to realise his estates to clear himself, and, at the same time, equally unable to have any use or enjoyment of them. This much, however, can said: had it not been for Edwards entail there is not the slightest doubt that Ardwall would not now be in the possession of its present owners. Edward made something of a hobby of entail making, and he, clearly, devoted much time and attention to it. The Ardwall papers include five draft deeds of entail, apart from the eventually effective one921. Each contains a slightly different destination, but one feature common to all was the exclusion of Edwards brother, David. This was expressly intended to prevent the amalgamation of the estates of Ardwall and Barholm. Among the substitutes called in these draft deeds were John McCulloch of Torhousekie, William McCulloch of Kirkclaugh, William McCulloch of Piedmont in the County of Antrim, which supports the belief that his father, James McCulloch, was a son of William McCulloch

921

Ardwall Papers 580/5.

319

294 (ii) of Ardwall (see page 244), James McCulloch, late of Mule, and now of Bally Copland in the Kingdom of Ireland, and, finally, William McCulloch, Minister of the Gospel at Cambuslang. The latters relationship cannot be ascertained but it was he who was responsible for the religious revival at Cambuslang in 1742, which coincided with the wave of evangelicism which was spreading over England under the influence of Whitefield and Wesley, and of which it has been written922. For years the parish had been going on its sluggish way under the ministrations of a worthy Mr McCulloch, when one day his sermon, more earnest than usual, had startling effects on his congregation; some fainted, some went into convulsions, others cried that they saw Hell opened for them and heard the shrieks of the damned, from which we may infer the teaching that awakened them. The whole district was moved. Wounded souls came seeking hope and pardon; night and day the crowds gathered in distress about their salvation, the communion was thronged by 30,000 people, and 4000 sat down at the tables, while no less than eleven ministers were at one time preaching in the fields. George Whitfield, who was then in Scotland, came and stirred them with startling appeals, and the revival was blown into full blast. Week after week the awakening increased. The voice of the preacher mingled with the cries of the people who daily thronged the church. The very children gave up their games in order to sing and pray for hours together, while they were exhorted to flee the wrath to come and to close with Christ, The whole of Scotland was excited over these scenes: drunkenness, vice and profanity diminished, and honest piety was permanently established in many lives. The praying societies which were formed kept alive for years much of the spiritual impression made by the Cambuslang Wark. The finally recorded entail called the following series of heirs: 1. 2. 3. 4. Edwards son, David, and his heirs. His elder daughter Elizabeth and her heirs, His younger daughter, Janet, and her heirs, His brother, James, and his heirs,

922

Social Life of Scotland in the 18th Century: Graham 356.

320

295 5. 6. 7. 8. His brother, John, and his heirs, His half brother, Ebenezer, and his heirs, Mr William McCulloch, Minister of the Gospel at Cambuslang, The heirs of William McCulloch of Kirkclaugh.

The Guernsey MS states that Edward McCullochs entail led to litigation, but, though they contain ample records of his sons numerous other litigations, the Ardwall papers do not provide the slightest evidence to support this statement, which, in the absence, too, of any other record, must be considered incorrect. Edward McCulloch married on 12 October 1732923 Janet, daughter of William McCulloch of Kirkclaugh (see page 200). This lady was a thorough McCulloch: her mother, father, and husband were all of that name. She survived Edward and married as her second husband, Charles Robertson. She was alive in 1773924 and, according to the family pedigree, died in America. Edward died in August 1756 and, in spite of all the trouble he had taken over the devolution of his heritable estate, left his moveable estate, amounting to about 1400, to look after itself. In other words, he died without making a will925. It was an omission which, as the sequel will shew, was to cost his successors nearly a century of penury. Among the Ardwall papers is an inventory of the furniture at Ardwall at Edwards death, which is worthy of record. As an explanation of its pleasantly homely and unostentatious character it was stated that after getting the estates Edward had many difficulties to encounter, a large Fortune to pay his half brother, several annuitys to pay, and

Anwoth Register. Ardwall Papers 629. 925 Ardwall Papers 639.

923 924

321

296 debts to discharge. When these were over, he was in the Decline of Life, and had not that Rellish for Elligance which he might have in his early years. Inventory of Furniture In the House of Ardwall at the decease of Edward McCulloch Esqr my husband. In the Kitchen , one coarse bed steed for the servts, one timber resting chair or long settle, four or five old timber stools, one small chest for holding salt, a little Masking Tub, one small dresser & Table, a few old horn spoons that the servts used, one Doz & half of Pewther Soup & Plain Plates, Three or Four Pewther ashets, one large Pewther Soup Plate, Three Iron Potts, one old Tea Kettle, one old Iron Girdle, one Pair Tongs, two watter Stoops. Meal Seller, Two Meall Chests or Firr one of which was Rotton having been used in the Family more than 40 years, one old Hhd for holding Barley, a Dutch Wheell, two Little Spinning Wheels. Hall, Six or Eight Walnutree Chairs with wood Bottoms, one Coarse Dining Table, one old 24 Hour Clock with a Firr Case. Low Bedroom, One Bed Steed hung with old Green Linsie Curtains having been Twenty Years in use, one Firr Box bed, one small Firr Table, Three or Four old Timber bottomed Chairs, one small Dressing Glass, a Tea Table newly gote home, which the Factor caused me Pay from my Annuity, one old Iron Grate built in, one Pair Tongs, one Pair Old Bellows. Ale Seller, One Brewing Kettle, that was often Patched, one small Hogshead for ale, Three or Four Twenty Pint Barrels, Two Beef Hhds, one small chest for Candles, one Coarse Firr Press, old Bottle Rack with Six Doz. Bottles, Three or Four Pigs for holding Butter, Two Churns, Two Milk Stoops Servts Room belo Stairs, one old Bed Steed without Hangings, one old Cupboard, a Chair or Two Garrett Room above Hall, one Servts Bed Steed without Hangings, one old Feather Chest without a Lidd, one old four footed oak Table & an old Chair.

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297 Room called the Cumsield Room, One Bed Steed hung with old Drugett hangings, one or two Coarse Wood Chairs, The Red Room, one Bed Steed Hung with Worsted Damask hangings which was in use about 26 years, one old Easey Chair Covered with the Same, six Chairs with old Cane Bottoms two of which was some years before Broke and thrown to Lumber Garrett, one old Card Table almost useless, one Iron Grate without Brasss, one Pair Tongs, a Shovell and Poker, one midling sized Lookingglass, one Chimney Mirrour Glass with one of the End Plates broke, one Close box., Closet at Stair Head, one old desk with Drawers & one old Chair. Yellow Room, one Bed Settee with Yellow Worsted Stuff Hangings, Five or Six old Oak Chairs with wood Bottoms, one old Arm Chair with a Cane Back and wood Bottom, a small Cloath Press or Firr, Sundries in House, also one Good Feather Bed, Three very indifferent ones, Three chaff beds, about 25 or 26 Pair of Blanketts, some of which was much worn, Nine Pair of Sheets, six Table Cloaths, Three Doz of Table Napkins, of which Betty gote one Doz when she left the house, half a Doz Horn Hafted Knives & Forks, a half a Doz Breakfast Knives which cost a Shilling, Two small jugs of Silver, two Ditto smaller of a Dram Glass size, Half a dozen Silver Tea Spoons, Five or Six Table Ditto, silver tea pot which Lady Katherine Murray gave me with her own hands, 8 china cups and saucers, a black and white Milk Pott without a Lugg - this is all926. As a matter of fact, within the houses of the gentry at this time, except those of high rank or fortune, arrangements were of the plainest and furniture was rude. The rooms were low-ceiled, the joists and beams often covered with deal boards, the walls with their dingy plaster often devoid of adornment, paper hangings being as yet unknown, though in large mansions the walls were covered with tapestry, arras, panels wood, or gilt leather. The windows had no sash or pulley; the rooms

926

Ardwall Papers 630.

323

298 had no bell pulls; and though on the dining table lay the hand bell, it was seldom used, because a poker or a heel was quite sufficient to summon the domestics, with a knock audible through unlathed walls and undeafend floors. No carpets covered these floors, and, even after the middle of the century many houses of pretension remained without them, except in the public rooms. The bedrooms rarely had grates, the fuel of turf or peat being kindled on the wide open hearth; and only some of the chambers were what were called fire-rooms, for many were destitute of fireplaces. The beds were closed like a box in the wall, or in recesses with sliding doors, which imprisoned and stilled the sleeper; others stood out in the room with curtains of plaiding, which the household had spun, as protection from the cold and draughts which came from ill-jointed windows and doors with ill-fitting snecks. As houses were incommodious and hospitality was exuberant, it was usual for two gentlemen or two ladies, however, unknown to each other they might be, to sleep together, lying overwhelmed with the burden of from six to ten pair of Scots blankets. Even in the drawing room it was usual to have a closed bed, which was used by the guests. Excepting on state occasions the dining room in average sized country houses was unused, left, dull, dark and musty, unventilated by the sashless windows, while dingy ancestral portraits stared vacantly on the empty apartment from their black frames. It was in the bedroom the family lived chiefly. There they took their meals, there they saw their friends, there at night the family gathered round the hearth, with its high-polished brass grate, which stood detached from the back and sides of the fireplace

324

299 ornamented with tiles. There the girls spun, the lads learned the rules of Despauters Latin Grammar; and only alter family exercises did the household disperse, and the heads of the family were left to rest and to sleep in the exhausted air. Edward McCulloch left a young family: in 1742 he had appointed as guardians to them Captain James McCulloch, Mariner, his third, Captain Robert McCulloch, his fourth, John McCulloch, Merchant in Kirkcudbright, his fifth, Ebenezer McCulloch, Merchant in Edinburgh, his sixth lawful brother, Janet McCulloch, his spouse and James Bell of Gribdae; but this nomination must have been superseded for their guardians actually were their uncles, David McCulloch of Borness and Edward McCulloch of Auchinguil927. The children of Edward McCulloch were:1. David McCulloch (ii) of Ardwall, of whom hereafter.

2. William McCulloch, who was baptised 25 April 1746928 and predeceased his father in childhood. 3. Robert McCulloch, who was baptised 15 January 1748929 and predeceased his father in childhood. 4. Isobel McCulloch, who was baptised 16 January 1737930 and mentioned in her fathers appointment of guardians of 1742931. She must have died before him. 5. Elizabeth McCulloch, who was baptised 2 April 1738932 and married Alexander Gordon, younger, of Campbeltown on 4 July 1762933. He was born in 1734 and died in 1799; the following details of their children and descendants are taken from McKerlie 934, Burkes Peerage, the Ardwall Pedigree and the family gravestone in Kirkcudbright Kirkyard. Their children were:-

Ardwall Papers 588. Anwoth Register. 929 Anwoth Register. 930 Anwoth Register. 931 Ardwall Papers 577. 932 Anwoth Register. 933 Edinburgh Marriages. 934 McKerlie V 279.
927 928

325

300 1. William Gordon of Campbeltown, born 1772, died 1823. He married Charlotte, daughter of Colonel George Dalrymple and had issue:a. Alexander Gordon of Campbeltown, born 1795, died 1848. He married Sarah Lawson of the Cairnsmuir family, who was born in 1810 and died in 1890. They had issue:A. William Robert Gordon of Campbeltown who was born in 1842 and entered the Mercantile Marine. He married in 1872 in New Zealand, Marian Louisa, daughter of Charles Jones of Blackhall, Montgomeryshire, and both were drowned three weeks after their wedding when the ship Glenmark homeward bound, foundered in a hurricane with all on board. B. Isabella Theodora Coverdale Gordon, died 1895. C. D. E. F. b. c. d. e. f. g. h. 2. Charlotte Martha Miller Gordon, died 1880. Frances Spottiswoode Gordon, died 1911. Marian Lawson Gordon, died 1919. Joanna Sarina Gordon, died 1896.

William Gordon, born 1814 and died at Madeira 1856. George Da1rymple Gordon, M.D., born 1815 and died at Penang in 1853. Thomas Gordon. Clarence Gordon. Mary Gordon. Catherine Gordon. Elizabeth Gordon.

Alexander Gordon, Solicitor, London, who married Miss Elwyn, Bath, and had issue:a. b. Alexander Gordon. Hastings Gordon.

326

301 c. William Gordon. Solicitor, London. Died 1894 with issue:I. William Hastings Graham Gordon, died at Sandown, Isle of Wight, 5 February 1933 aged 79 with issue:1. Arthur Granville Gordon, born 1880, died at Tunbridge Wells 3 October 1948. 2. Miss E. L. Gordon.

II. Granville Dempster Gordon, Solicitor, London, born 1860 died at Forest Row, 18 March 1914. d. e. 3. Elizabeth Gordon. Janet Gordon.

Grace Gordon, who married David Maitland of Barcaple and had issue an only son:a. David Alexander Maitland, who died unmarried in Ceylon in 1848.

4. Catherine Gordon, who died in 1845. She married Walter Irvine of Tobago, West Indies, and Luddington House, Surrey, and had issue:Elizabeth Irvine, who died in 1864. She married in 1821 William Robert Keith Douglas of Grangemuir, Fife, M.P., 4th son of Sir William Douglas, 4th Baronet of Kelhead, and brother of the 5th and 6th Marquises of Queensberry. He was a Lord of the Admiralty and died in 1859 aged 76. They had issue:a.

A.

Charles Irvine Douglas, born 1822, died 1825.

B. William Irvine Douglas of Grangemuir, born 1824. He was Secretary of the Legation at Vienna and died unmarried in 1868.

327

302 C. Walter Douglas Irvine Douglas of Grangemuir, Fife, born 1825, died 1901. He married in 1870 Anne Frances, only daughter of Robert Jones Lloyd, M.D., of Ardnagowan, Co. Roscommon, and had issue:i. William Keith Douglas Irvine Douglas, born 1876.

ii. Walter Francis Douglas, Chile, born 1878. He served in the Great War 1914-18 and was T/Captain, R.F.A. He married in 1925 Mrs. Gladys Norgrave Jones, 2nd daughter of Maurice Mills. iii. Henry Archibald Douglas, Vicar of Salton, Yorkshire. He was born in 1883 and served as a rifleman in the Great War 1914-18. He married in 1913 Beatrice Alice Mabel, daughter of T. W. Gratrix, Liverpool, and has issue:I. iv. Walter Francis Edward Douglas, born 1917.

Charles Gordon Douglas, born 1885.

v. Edward Percy Douglas, M.C., Aconcagua, Chile. He was born in 1886 and married in 1918 Alice Margaret, 2nd daughter of Sir John Douglas, K.C.M.G., Colonial Secretary, Ceylon. She died in 1931. vi. vii. viii.
D.

Lucy Christina Douglas, born 1874. Elizabeth Ethel Douglas, born 1877, died unmarried 1883. Helen Florence Douglas, born 1880, M.A., St. Andrews.

Charles Irvine Douglas, born 1837, died 1918. He married in 1862, Margaret Elizabeth, daughter of Arthur Holmestead, Osgood Hall, Toronto: she died in 1920. They had issue:-

328

303 i. William Robert Keith Douglas, born May 1863, died December 1863.

ii. Archibald Charles Douglas, Manitoba, Canada. He was born in 1864 and married in 1890 Katherine Sievewright, daughter of Thomas Lee, and had issue:I. John Sholto Douglas, who served with the Canadian Expeditionary Force and died of wounds 1918. II. Archibald Frank Douglas, Manitoba, Canada, who was born in 1901 and married in 1927, Marion, daughter of A. L. Hall, Brandon, Manitoba. III. Edith Rosalind Douglas, born 1891. Helen Katherine Douglas, born 1899, married in 1923, Stephen John Billings, Winnipeg, and has issue.
IV.

iii. Henry Sholto Douglas, born 1868 and died 1930. He married in 1919 Barbara Margaret, daughter of John Hay of Barbarafield, Temuka, New Zealand. iv. Frank Douglas, born in 1870 and killed in action at Hartebeestfontein 1901.

v. Robert Keith Douglas, born 1874 and died at sea 1917. He married in 1902 Louisa Mary, youngest daughter of the Rev. Horace Charles Ripley, Vicar of Minster Lovel, Oxon., and had issue :I. Archibald William Douglas, born 1907. Catherine Grace Douglas, born 1903 and married in 1929 Major J.W. Hallowes, M. C., Kings Shropshire Light Infantry.
II.

vi. John Campbell Douglas Argentine, born 1876 and married in 1910 Violet Douglas, daughter of C. J. Daniell. They have issue:-

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304 I. Charles Sholto Douglas, born 1915.

II. Violet Katherine Douglas, born 1910 and married in 1935 John Griffith ODonoghue, Montevideo. They have issue. III. Winifred Evelyn Douglas born 1912 and married in 1935 William Blackmore Storey. They have issue. vii. Elizabeth Alice Douglas, born July 1866, died August 1866.

viii. Agnes Mary Douglas. born July 1866 and married in 1908 the Rev. Stair Douglas. ix. Margaret Amy Douglas, born 1872 and married in 1899 W. Mulock Boultbee, Barrister at Law, who died in 1912 with issue. E. F. G. b. c. 5. 6. 7. Catherine Grace Douglas, born 1828 and died unmarried in 1898, Elizabeth Christian Douglas, born 1830 and died unmarried in 1914. Mary Louisa Douglas, born 1834 and died unmarried in 1918.

Catherine Irvine, who died without issue. Christina Irvine. Janet Gordon. Euphemia Gordon born 1775, died 1850, Elizabeth Gordon. born 1777, died 1853.

330

305 6. Janet McCulloch, who was born 6 June 1749 and died 3 July 1829. She was buried in St. Michaels Kirkyard in Dumfries in the family tomb of the Corsanes of Meikleknox, Janet Corsane being, of course, her sister-in-law. DAVID McCULLOCH (ii) OF ARDWALL David McCulloch was born in 1740, being baptised on 18 May in that year 935 and was thus just over 16 years old when his father died. He was accordingly placed under the guardianship of his two uncles, his fathers brother, David McCulloch of Borness, and his mothers brother, Edward McCulloch of Auchinguil. The latter was also guardian to Davids sisters and the scanda1 in which this involved him has been related elsewhere (see page 210). David went to school at Glasgow College936 and was assisted in his studies there by a tutor named Kingan who afterwards became Minister of Crawford in Lanarkshire. This was a rather unusual form of education for at this time boys of all classes were normally sent to the parish school, where the son of the nobleman and the son of the carpenter sat in the same room and had the same instruction: and tenant and laird both alike paid half a crown or three shillings for their boys tuition. Like many others in his position, David, after being at college, was sent to a lawyers office to pick up some knowledge of law and business useful for his future estate, and, in 1757 was indentured to Leonard Urquhart, Clerk to the Signet, Edinburgh937. It is not apparent whether he completed

Anwoth Register. Ardwall Papers 641. 937 Ardwall Papers 588.

935 936

331

306 his apprenticeship or not: he certainly never joined the Society of Writers to the Signet, and it is to be feared that he merely picked up enough legal lore to make him litigious all his days. It was to prove an expensive taste for legal precedents were not yet plentiful enough to give clear guidance, and the law was notoriously uncertain. He had not long returned to Ardwall before he was involved in two actions. The first concerned his purchase from his cousin, John McCulloch of Barholm of the lands of Borness, which the latter induced him to buy in 1762 at a price of 2000 at public roup 938. It then transpired that, contrary to Barholms assurances, the lands were subject to long lease which prevented the raising of the rent for some considerable time and rendered the price paid excessive. Barholm admitted this and granted a bond or bill for 400 to David to cover any loss he might suffer over the transaction in the event of a resale. In 1765 David McCulloch sold the lands to David Thomson of Inglistoun for 1800 and Barholm, on complicated legal grounds, attempted to deny the validity of his bond. Protracted legal proceedings continued for a number of years complicated, first by the non-appearance of David McCulloch who had to flee the country to avoid his creditors, and then of Barholm who was sheltering in the Abbey for similar reasons. Eventually the question was brought to arbitration and it was decided, in brief, to restore the original status quo, that is, that Barholm should discharge Ardwalls bond for the original price, and that Ardwall should assign to Barholm, Thomsons bond for 1800, and discharge Barholms bond for 400. He

938

Ardwall Papers 596-618.

332

307 should also account for the rents of the lands for the two years they were his possession. It would appear that a little common sense would have enabled the parties to have reached this eminently sensible decision in the first instance, and so to have saved much litigation and expense. Meanwhile Barholms creditors had arrested the 1800 so it is to be feared he benefited but little from the decision. Simultaneously, David McCulloch was the moving spirit in the case of the Reverend Robert Carson, Minister of Anwoth. The papers in the case, which are full of parish gossip, and give an entertaining and detailed account of parish affairs, well repay perusal939. But the case for each party was given with such conviction, and the decision was such a close one, that it is difficult to arrive at the truth. It would appear, however, that the minister took an antagonistic view of smuggling, which was then a popular pastime with all classes in Galloway, and may even have attempted to interfere. An excuse had to be found for his removal and this was not easy. Eventually two charges were preferred against him, both on moral grounds. The first, a rather trumpery one, was that on a day in May 1759, very early in the morning, before his woman servants had got up, he had met at the manse one, Daniel May, a ditcher, and thus addressed him, Daniel, go in and take these Women by their Nauphs (meaning thereby their Nudities or privy Parts) and waken them and make them get up, which immodest and obscene words gave great offence to the said Daniel. The second charge, that of seducing one of his serving maids, Grizel McMaster, was more serious, and was supported by a wealth of

939

W. S. Session Papers 588, 2.

333

308 circumstantial detail. The minister defended himself stoutly against these charges, denied them with confidence, and alleged that the evidence against him had been bought. The principal witness, James McMaster, a notorious smuggler, and brother of Grizel, had openly asserted while drinking punch at the Clachan of Anwoth with Sergeant Townsend of the 32nd Regiment of Foot (a), who was stationed there, and others, that for 50 he would acquit or condemn the minister by his evidence. Finally, carrying the war into the enemys camp, he asserted that at the time when he was alleged to have committed his offence, Grizel was on a party of pleasure to the Isle of Man in company with McCulloch of Ardwall, his principal persecutor. Although the Synod of Galloway found against the minister, their decision was reversed later by a Commission of the General Assembly, and this decision was upheld by the General Assembly itself. Mr. Carson remained Minister of Anwoth until his death on 26 March 1769940, while David and his friends were left to foot a substantial lawyers account941. Genealogically speaking, an unfortunate result of the case was a complete hiatus of eleven years in the old parish records, which (a). Note. It is interesting to speculate how a sergeant of the 32nd Regt. of Foot (now the Duke of Cornwalls Light Infantry) came to be stationed at Anwoth at this time. He must be presumed to have been the sergeant in charge of the party of soldiers who were then constructing the Old Military road through Galloway, a part of which is now known as the Corse of Slaights or Haughs Road runs through Anwoth.

940 941

Fasti. Ardwall Papers 595.

334

309 were never very well kept at the best of times. Another unnecessary litigation was that between David and his sisters, Elizabeth and Janet942. The case arose out of the winding up of their fathers estate. Edward had left no will, his landed estate passing, in consequence, to his son, and the rest to his daughters. The dispute was mainly as to the value of the furniture at Ardwall, which David considered to be overstated. Moreover, after the death of their father, his sisters had continued at Ardwall with him, Elizabeth until her marriage in 1762, and Janet, permanently until then, and intermittently, for lengthy periods thereafter. Since they had brought this action against him, David considered himself entitled to make some charge against them for their aliment during these six years, and also to recover from them certain accounts which he had settled on their behalf. He had also maintained for a time a governess, Christian Anderson, to instruct his sisters in some Necessary Branches of Female Education. David had the support of his mother, who had now married Charles Robertson and was living in Dumfries. She saw with Greatest Concern her Daughters acting in such a foolish Manner, and offered to give evidence on oath that the furniture at Ardwall was indifferent and of little value. Davids counsel was Andrew Crosbie, a celebrated character of the Scottish bar, and prototype of Counsellor Pleydell in Sir Walter Scotts Guy Mannering, whose family home was Woodley Park,

942

Ardwall Papers 624-651.

335

310 formerly known as the Holm, and now as Goldielea. 943 The case was heard before Lord Auchinleck, father of James Boswell, the biographer of Samuel Johnson. In spite of the sage recommendation in one of his early interlocutors that Counsel for both Parties should consider the Relation between the Parties and have no Litigation but what is unavoidable, the case dragged wearily on and eventually caused him to observe that both parties seem to be fond of Litigation. Eventually, however, a settlement was reached, but on what terms is not known. From the papers in the case some information as to Davids financial affairs can be obtained. His estate produced an annual income of some 250 but was subject to certain burdens: his mother had an annuity of 44: and Janet Goldie, widow of his grand uncle, Edward Maxwell of Hills, was still drawing a very ill-deserved 22.4/- annually. David thus had a net income of about 150, but, since his estate was strictly entailed and therefore unrealisable, and his father had made no provision for him by will, he had no capital resources whatever. 150 annum was not enough for David, especially as a part of it was paid in kind and services, as the following Ardwall rent roll of 178 1/2 shews944. Balmacraill. Robert Kennan. 12, 4 hens, 4 chickens, 40 loads of peat, 4 shearers. 4. 4/.-, 4 hens, 6 chickens one days shearing.

Burnside of Plunton Alex. Porter

943 944

McDowell: History Dumfries. Ardwall Papers 682.

336

311 Clayonscroft Corsewood. Irelandton. Killdarroch Longdykeside of Plunton Mains of Plunton Margries & Isle. Mill of Plunton Markyeards Old Milldarn Croft Stepends. John Thomson. Alexr. Porter. Junr. Andrew McConchie John Bell. John & Alexr. Do. John & John Dicksons, John & Thos. Gordons Alexr. Porter Junr. Alexr, Porter Mary McLean 10. 10/-, 4 hens, 6 chickens. 12. 10/-, 4 hens, 6 chickens, 6 loads of peat, 3 days shearing. 43, one days peat leading with 4 horses. 7. 12.6, 4 hens, 6 chickens, 4 days shearing, 6 loads of peat. 6, 2 hens, 6 chickens, Porters. 4 days shearing, 12 loads of peat. 65, 12 hens, 12 chickens, 30 loads of peat, 8 days shearing. 110, 24 hens, 24 chickens, 120 loads of peat, 12 days shearing. 34, a fat swine, 12 hens, 12 chickens, 8 loads of peat, 4 shearers. 8, 2 hens, 6 chickens, 4 days shearing, 12 loads of peat. 12. 10/-. 4 hens, 6 chickens, 6 loads of peat, 3 days shearing. 2.2/-, 4 hens, 4 chickens, 3 days shearing.

Notwithstanding these financial considerations, David proceeded to build himself a new house. This was the older part of the present house and was founded on 6 April 1762, the date being recorded on a tablet at the south east corner of it. The site of the previous house is not known but the evidence points to a position about 400 yards in front of the present house close to the track of the old main road. The building of this house may have been in anticipation of Davids marriage in April 1761 945 to Janet, daughter of Robert Corsane of Meikleknox. Much has already been published946 about this old

945 946

Ardwall Papers 593. Edgars History of Dumfries. R. C.Reid. 195.

337

312 Dumfries family who are traditionally descended from an Italian named Corsini who was imported by Devorguilla to build Sweetheart Abbey. Traditionally, too, there were eighteen successive John Corsanes in the family, though, in fact, the 11th traditional was the first historical. This aspect of the family history, including the legend of the Bloodstone of the Corsanes, has been well told by a descendant of the family, George Cunningham947. The succession to the family eventually devolved on a daughter, Agnes Corsane, who, in 1671, married that eccentric divine but ingenious inventor, Peter Rae948. Their son, Robert Rae, assumed the name of Corsane and on 29 July 1736 married Agnes McGown, daughter of Alexander McGown, writer in Edinburgh949. Details of their large family of 15, of whom the majority died in infancy, are preserved in a document in Agnes McGowns own hand 950 and are striking evidence of the rate of infant mortality at the time. Janet was their 5th child but the eldest to survive childhood: she was born 15 March 1741 and was baptised by Mr. Wight. It is recorded in Scotts Tales of a Grandfather that when the Pretender reached Dumfries in December 1745, her father, being Provost and a staunch adherent of the Government, was menaced with the destruction of his house and property. Janet whose daughter Elizabeth was to become his sister-in-law, told Sir Walter Scott that she well remembered being taken out of the house as it was to be instantly burnt. Too young to be sensible of the danger, she asked the Highland Officer, who held her in his arms, to shew her

Ardwall Papers 1533. Transactions of the Dumfries & Galloway Natural History and Antiquarian Society XVIII 131. 949 Ardwall Papers 1549. 950 Ardwall Papers 1549.
947 948

338

Agnes McGowan, wife of Robert Rae Corsane of Meikleknox

339

313 the Pretender, which the good natured Gael did under condition that little Miss Corsane was in future to call him the Prince. Neither did they carry their threats into execution against the provost or his mansion. In building his house, and, as will be seen later, in his Improvements to the estate, David was in keeping with the fashion of the period. Agriculture and forestry had now become a new pastime and occupation in the country. Gentlemen were everywhere busy improving their residences, as much outside as inside; and where ploughed fields and heathery wastes had come up to the court yard or front door, were now avenues of lime or oak, or elm. Planting and farming, in fact, had become the absorbing passion of lairds, young and old; and a very expensive one they often found it. They planted in every hollow and every hill, and eagerly watched their saplings grow to trees, to the dismay of the farmers, who regarded them as destructive to the soil and the crops. No longer did lairds buy, as their fathers had bought, acorns by the pound, and chestnut seed by the ounce, to rear in the shrubbery. They planted them in thousands and tens of thousands in the open ground. In his letters to his eldest son, Edward, on the dismal subject of his financial troubles, David turned gladly and with pride to these more pleasant subjects, for example, in a letter of 17 November 1788951, You will I am confident be much pleased to know that I am getting this farm put into a state of most perfect improvement. About three years ago I began, at the Head park of the Hill and have now made it from being

951

Ardwall Papers 725.

340

314 not worth above 2 shilling per acre to be worth fully 15 shilling per acre. I am at present putting a dyke about it entirely fitt for keeping in Sheep, and as there are two other parks in the Hill, much in the same State and Size as it was when I began to it. I am going to improve them also and to make them from being covered with Heath to carry Oats and Barly and lay them out with Clover and Grass seeds. All the part of the farm which lyes below the High Road is now in pasture and my Crop and improvements are upon the upper part of the farm, and I have 6 times more crop upon that part of the ground which I have entillaged than ever was upon the whole of the farm before and upon Land which very few persons ever thought I could have plowed. Every field of it which I improve I immediately enclose with a most sufficient stone dyke and always take care to do everything in the most compleat manner as I go along. In three or four years time I wil have it the most Compleat farm of its Size in the South of Scotland. Well might his wife write of this improvements which is his only Hobby Horse952 and, after his death, of this farm which continued to be your fathers Idol to the last953. Unfortunately, the expensive tastes of litigation and land Improvement could not be indulged with impunity on Davids limited income and with his growing family. In 1780 he was involved in yet another litigation954. It was a tedious and technical affair unworthy of notice except that it provides evidence of the straits to which David and his family had been reduced by 1770. By this time Davids affairs were in considerable disorder and he had been compelled to put them in the hands of trustees, one of whom was the Rev. Andrew Ross, Minister of Inch, father of the noted Arctic explorer, Admiral Sir John

Ardwall Papers 731. Ardwall Papers 740. 954 Ardwall Papers 659-670.
952 953

341

315 Ross, who was not only Davids brother-in-law, but also one of his chief creditors. His subsequent conduct reflects much credit on him. After some negotiations, agreement was reached between David and all his creditors with the exception of one man, John Hutton, a vintner in Dumfries, who must have had some personal grudge against him as his claims had not arisen from any dealings between them, but on a bond against David which he had purchased well knowing the latters affairs to be in the state they were. As a result of his dissent the negotiations broke down and David was compelled to flee to England to avoid imprisonment for debt. Meanwhile the creditors tried to poind the stock etc. at Ardwall but the servants there, learning what was afoot, drove the cattle away elsewhere, though they were unable to save the Corns which were destined for the consumption of the family during the winter. They were thus in pitiful straits until the kindly Andrew Ross came to the rescue and made arrangements for some of the corns to be made available to them at his own expense. It was obviously impossible for David to continue at Ardwall and he had to find some remunerative employment. In 1771 he was in correspondence on the subject with Sir Alexander Gordon of Greenlaw955 and, by the latters influence, obtained a position as landwaiter956, that is, a junior official, in the Customs at Leith, where he and his family moved, in or about that year, and took up house in a street named Springfield, now a dingy slum of mean tenements and warehouses, immediately south of the point where the railway bridge crosses Leith

955 956

Culvennan Manuscripts II 110-112. Ardwall Papers 675.

342

316 Walk. To obtain this post David had to pay 325957. At this time Leith was still separated from Edinburgh by a belt of country but the gap was already closing The Nor Loch, that odorous grave of city refuse, had been drained and its bed was now grass and shingle. Across the hollow which once had held its waters a huge mound of earth had been thrown, giving access to the distant fields. Farther east, another crossing was in process of making, a bridge to carry a broad highway. On its further shore, building had begun, according to the plans of the ingenious Mr. Craig: a new Register House, with the Adam brothers as architects, and paid for out of the forfeited Jacobite estates, was designed to rise at the end of the new bridge. To David, Edinburgh, with its brilliant talk and genial company, with its endless taverns, where entertainment was cheap since the Forth at her door gave her oysters, and sound claret was to be had at eighteen shillings a dozen, must have been a particularly welcome resort. It may be suspected that Davids appointment as a customs official was a case of the poacher turning gamekeeper. There is little doubt that, like everyone else in Galloway, David took more than a passing interest in smuggling. Something has already been said of his uncles, James and John McCulloch, in this connection (see page 289). All along the Solway shore are numerous creeks and caves, of which the fair traders knew well how to avail themselves in running and storing their cargoes. The Excise were far too weak to cope with the

957

Ardwall Papers 679.

343

317 smugglers, who had friends and allies in every rank. Many of the county and burgh magistrates thought it no dishonour to wink at what was going on, and even to accept the silent tribute of an anker of brandy, or a parcel of lace or tea for the ladies, left in a convenient place. Under many of the farmhouses extensive cellarage was constructed to store the goods till they could be safely removed inland by strings of pack horses driven by armed men. In all transactions the free trader was a hero: to jink the gauger was an honourable exploit. If customs officers tried to search they found the country people in hundreds ready to oppose them, and before they could carry off a captured cargo a detachment of soldiers was required to support them. A tradition in the family asserts that on one occasion David McCulloch invited the local Customs officer to dine with him at Ardwall, and after the meal, the party sat down to play cards. While they were engaged, an enthusiastic boy rushed into the room, and, unaware of the identity of the visitor, cried out that the lugger was in the Bay. The visitor, who is supposed to have been George Cunningham, Davids brother-in-law, who, later rose to very high rank in the customs service958, was fully alive to his position as a guest. He paid no heed to the boys announcement, or, one may be sure, the horrified expression of his host, but turned to him and blandly inquired whose deal it was! During his residence in Leith David was under trust and his circumstances there are best told in his own words in a memorandum dated 1779 addressed to his trustees,959.

958 959

Transactions of the Dumfries & Galloway Natural History and Antiquarian Society XXIII 222. Ardwall Papers 679.

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318 Mr. McCulloch has been an officer in the Customs of Leith these Nine years bypast during which time he has had no other fund for the maintainance and education of a numerous family consisting of Nine Children save the emoluments arising from that office. Its true indeed he was allowed to retain the rent of the Ardwall farm and the stock thereof, But when it is considered that out of this allowance he had to pay the price of his office, amount 325, remove his family to Leith, and furnish of new a house there, the necessary and unavoidable expense of these things makes the allowance intirely inadequate to what has been done. During the time of the Trades being in any way brisk in the Port of Leith, and the Continuance of his family being young, he even made a shift to suport and educate them with decency without being under the necessity of incurring much debt or involving himself into Accots., but since the Commencement of the present war (of American Independence) the Decline of Trade has been so very great, and by his numerous family becoming every day more extensive in necessaries and education, he really finds it impossible for him, without some present aid, to keep from being involved in accots. which his income cannot answer. What he wants is that Mr. Campbell should state this matter to Mr. Herron, and request his concurrence that Messrs. Copland, Crosbie, and Ross, his trustees, should give Mr. McCulloch an order on Mr. Ramsay, their factor on Mr. McCullochs estate, to draw one hundred and fifty pounds from him out of the first and readiest of the rents of his own estate, not annually, but only for once this sum, which will enable him to pay everyone, and as its the first and only request he has ever made them of this kind he assures them it shall be the last. This he does not imagine they will in any way deem as requesting money from them, its only asking liberty of using some of the rents appropriated for their relief, which relieff cannot be delayed above three months longer on that account, and as the time is so near a Close when they will be totally releaved, 1783, he hopes they will be the less scrupulous. If Mr. Herron assents to this its wished Mr. Herron would write to Messrs. Copland and Crosbie. It may be added that his financial position had not been improved by the failure of a commercial enterprise, of a kind not stated, on

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319 which he ventured with his uncle, Ebenezer McCulloch and others960. David appears to have given up his position at Leith and returned to Ardwall in 1783. Perhaps the continuance of the war made his position unprofitable, or perhaps he was under the delusion that his financial position was now set fair. If so, he was to prove greatly mistaken. His chronic financial anxiety, however, did nothing to damp his obviously genial spirits. He was something of a wit and fond of company, particularly that of what might be termed the Bohemian set. Among his friends he numbered Samuel Foote, the celebrated actor. Foote, having dissipated a fortune at Oxford, had a distinguished career on the stage from 1745 onwards. During the course of this he had the misfortune to lose a leg by a practical joke at a party, for which be obtained, as compensation, through the Duke of York, a patent for a theatre in Westminster. He built the New Haymarket in 1767 and had a lease of it till 1777961. In 1770 he took a 3-year lease of the Royal Theatre, recently erected in Edinburgh, approximately on the present site of the Register House, and opened there in November of that year with a comedy of his own entitled The Commissary962. The story of his friendship with David McCulloch has been related by Robert Chambers963. Near the bottom of Leith Walk is a row of somewhat old-fashioned houses bearing the name of Springfield. A large one, the second from the top, was, ninety years

Ardwall Papers 673. Dictionary of National Biography. 962 Old & New Edinburgh I 342. 963 Traditions of Edinburgh.
960 961

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320 ago, the residence of Mr. McCulloch of Ardwall a commissioner of customs, and noted as a man of pleasantry and wit. Here, in some of the last years of his life, did Samuel Foote appear as Mr. McCullochs guest - Arcades ambo et respondere parati. But the history of their intimacy is worthy of being particularly told; so I transcribe it from the recollection of a gentleman whose advanced age and family connections could alone have made us faithfully acquainted with circumstances so remote from our time. In the winter of 1775/6 (more probably that of 1774/5), Mr. McCulloch visited his country mansion in the Stewartry of Kirkcudbright, in company with a friend named Mouat, in order to be present at an election. Mr. McCulloch was a man of joyous temperament and a good deal of wit, and used to amuse his friends by spouting half random verses. He and his friend spent a week or two very pleasantly in the country, and then set out on their return to Leith; Mr. McCulloch carrying with him his infant son David, familiarly called Wee Davie, for the purpose of commencing his education in Edinburgh. To pursue the narrative of my correspondent: the two travellers got on pretty well as far as Dumfries; but it was with difficulty, occasioned by a snowstorm, that they reached Moffat, where they tarried for a night. Early in a January morning, the snow having fallen heavily during the preceding night, they set off in a postchaise and four horses to proceed on their perilous journey. Two gentlemen in their own carriage left the Kings Arms Inn (then kept by James Little) at the same time. With difficulty the first pair of travellers reached the top of Erickstane but farther they could not go. The parties came out of their carriages, and aided by their postilions, they held a consultation as to the prudence of attempting to proceed down the vale of Tweed. This was considered as a vain and dangerous attempt, and it was therefore determined on to return to Moffat. The turning of the carriages having become a dangerous undertaking, Wee Davie had to be taken out of the chaise and laid on the snow, wrapped in a blanket, until the business was accomplishect. The parties then went back to Moffat, arriving there between nine and ten in the morning. Mr. McCulloch and his friend then learned that of the two strangers who had left the inn at the same time, and had since returned, one was the celebrated Foote, and the other either Ross or Souter, but which of the two favourite sons of Thalis I cannot remember at this distant period of time, Let it be kept in mind that Foote had lost a leg and walked with difficulty.

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321 Immediately on returning, Foote had entered the inn, not in good humour, to order breakfast. His carriage stood opposite the inn door, in order to get the luggage taken off. While this was going on, a paper was placarded on one of the panels. The wit came out to see how all matters were going on, when, observing the paper, he in wrath exclaimed: What rascal has been placarding his ribaldry on my carriage. He had patience, however, to pause and read the following lines: While Boreas his flaky storm did guide, Deep covering every hill oer Tweed and Clyde, The North-wind God spied travellers seeking way; Sternly he cried: Retrace your steps, I say; Let not one foot tis my behest, profane The sacred snows which lie on Erickstane. The countenance of our wit now brightened, as he called with an exclamation of surprise: I should like to know the fellow who wrote that; for, be he who he may, hes no mean hand at an epigram. Mrs. Little, the good but eccentric landlady, now stepped forward and spoke thus: Trouth, Maister Fut, its mair than likely that it was our frien Maister McCulloch of Ardwell that did it; its weel kent that hes a poyet; hes a guid eneugh sort o man, but he never comes here without poyet-teasing mysel or the guidman, or some ane or other about the house. It wud be wed dune if ye wud speak to him, Ardwell now came forward muttering some sort of apology, which Foote instantly stopped by saying: My dear Sir, an apology is not necessary; I am fair game for every one, for I take any one for game when it suits me. You and I must become acquainted, for I find that we are brother poets, and that we were this morning companions in misfortune on the sacred snows of Erickstane. Thus began an intimacy which the sequel will shew turned out to be a lasting one. The two parties now joined at the breakfast-table, as they did at every other meal for the next twenty days. Foote remained quiet for a few hours after breakfast, until he had beat about for game, as he termed it, and he first fixed on worthy Mrs. Little, his hostess. By some occult means he had managed to get hold of some of the old ladys habiliments, particularly a favourite night-cap, provincially, a mutch. After attiring himself a La Mrs. Little, he went into the kitchen and through the house, mimicking the garrulous landlady so very exactly in giving orders, scolding etc., that no

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322 servant doubted as to its being the mistress in propria persona. This kind of amusement went on for several days for the benefit of the people in Moffat. By and by, the snow allowed the united parties to advance as far as the Crook, upon Tweed, and here again they were storm-stayed for ten days. Nevertheless, Foote and his companion, who was well qualified to support him, never for a moment flagged in creating merriment, or affording the party amusement of some sort. The snow cleared away at last, so as to enable the travellers to reach Edinburgh, and there to end their journey. The intimacy of Foote and Ardwell did not end here, but continued till the death of Foote. After this period, Foote several times visited Scotland: he always in his writings shewed himself partial to Scotland and to the Scotch. On every visit which he afterwards made to the northern metropolis, he set apart a night or two for a social meeting with his friend Ardwell, whose family lived in the second house from the head of that pretty row of houses more than half way down Leith Walk, still called Springfield. In the parlour, on the right hand side in entering the house, the largest of the row, Foote, the celebrated wit of the day, has frequently been associated with many of the Edinburgh and Leith worthies, when and where he was wont to keep the table in a roar. It only remains to add that the Kings Arms is now the Annandale Hotel and that Chambers appears to be a little wrong in his dates. For this Inn, under the name of James Little, Vinter, first appeared in the Window Tax Assessors Schedules, paying 5 in respect of 50 windows, in 1783 and cannot, therefore, have been built much, if at all, before this date964. David McCulloch was also friendly with the poet, Robert Burns, and, that he even had the temerity to submit some of his own doggerel efforts to him is evident from the postscript to a letter of Burns to Mr. Robert Cleghorn, Saughton Mills, Edinburgh of 21 August 1794965.

964 965

Transactions of the Dumfries & Galloway Natural History and Antiquarian Society 3rd Series XXXV 107.

Letters of Robert Burns: De Lancey Ferguson.

349

323 Did you ever meet with the following, Todlin Hame - by the late Mr. McCulloch of Ardwall Galloway. When wise Solomon was a young man o might, He was canty, and liked a lass ilka night; But when he grew auld that he wasna in trim, He creid out, In faith, Sirs, I doubt its a sin Todlen hame, todlen hame Sae round as a neep we gang todlen hame But were no come to that time of life yet, ye ken; The bottles half out but well fill it again: As for Solomons doubt, wha the deevil cares fort, Hes a damned churlish fellow that likes to spill sports Todlen hame, todlen hame Sae round as a neep we gang todlen hame A bicker thats gizzend, its nae worth a doit; Keep it wat, it will haud in - it winna let out: A chiel thats aye sober, is darnd ill to ken; Keep him wat wi gude drink - and yell find him out then Todlen hame, todlen hame Sae round as a neep we gang todlen hame May our house be weel theekit, our pantry ay fu, Wi routh in our cellar for weetin our mou; Wi a tight caller hizzie, as keen as oursels, Ay ready to souple the whistle and bells, Todlen hame, todlen hame Sae round as a neep we gang todlen hame Once returned to Ardwall, David McCulloch devoted himself with the greatest enthusiasm to the management of his estate generally, and of Ardwall farm in particular. Another matter which engaged much of his attention was the building of the new road from Gatehouse to Creetown. Until the 1780s the main road through the Stewartry had run over the Corse of Slakes but by this time it was realised that this road owing to its steepness, was not suitable for its purpose, and plans were afoot to construct a good new road from Gatehouse to Creetown along the coast, approximately on the line occupied by the main road at the present time.

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324 At this time the road from Gatehouse to Skyreburn Bridge ran by Anwoth Kirk and there was no direct road from Gatehouse to Boreland. This, of course, was the shortest route, and persons travelling from Gatehouse towards Skyreburn naturally took it. In so doing, they were in the habit of throwing down dykes and fences and making roads for themselves wherever they thought fit. There were no less than five of such roads or tracks which occasioned much inconvenience and loss to the proprietors of the adjacent lands owing to cattle getting loose and destroying plantations. A petition for the construction of a proper road from Gatehouse to Skyreburn Bridge was, therefore, lodged with the Commissioners of Supply, by Murray of Broughtoun, David Maxwell of Cardoness, David McCulloch of Ardwall, and William Stewart of Shambelly. This petition was, no doubt, taken into account when the plans for the new road were considered and approved in 1786. There was, of course, much argument, extending over some years, as to the details of the project, which is fully recorded in the Minutes of the Commissioners at the time. David appears to have wished the road to pass through what was called the Corse of Ardwall, considerably higher up Ardwall Hill than it actually did. That would obviously have necessitated a much steeper gradient than was necessary and he was overruled. Davids financial troubles remained chronic with him until the end and it cannot be denied that he was either wilfully extravagant or, at least, that he persistently refused to live within his income. By 1789 he was once more in the direst straits and one cannot guess what might have befallen had not his neighbours, the Hannays, kindly come to his rescue.

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325 The Ardwall papers contain voluminous files of correspondence and papers on the complicated subject of their loan, but probably the clearest and fairest statement of the facts is given in a letter from Johnston Hannay to Edward McCulloch dated 14 June 1793966. The legal aspect of the subject is dealt with in great detail in a document of 1803967. Briefly, the facts were as follows:- By November 1788 David McCulloch was in debt to a long list of creditors who were becomingly extremely clamorous, to a total of some 7,600. The brothers Hannay, Sir Samuel of Mochrum, John of Rusco, and Johnston of Torrs, advanced this sum and thus eased the situation. This action appears to have been entirely friendly and neighbourly, though Johnstons attachment to Davids daughter, Penelope, may not have been a wholly irrelevant factor. None-the-less, they required some security for their loan. The only security which David could give was over his estate, but, in view of the entail, this could not bind his heir. The very greatest pressure was, therefore, put on his three eldest sons, Edward, James and David, to consent to some form of security in favour of the Hannays. James and David, perhaps as younger sons, feeling more secure, agreed, and James was to live to rue the day he did so. Edward, the eldest, refused and one hesitates to criticise him for so doing. Much could be said in his favour; his brother James, put it this way:- It has been usual to taunt me by observing how much more prudently my brother acted by refusing to enter into this security but let it be considered that my brother Edward and I were very differently situated at the time the request was made. Edward was the immediate heir: he had gone abroad for the purpose of enabling his parents to provide for their younger children: he was in India

966 967

Ardwall Papers 744. Ardwall Papers 745.

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326 and in the military service of the East India Company in this line he not only could support himself but might have saved money. He was remote from the scene of distress and he was perfectly independent of his parents and Sir Samuel Hannays family both as to present support and future promotion. Never-the-less let me do justice to the memory of a brother for whom I had the warmest affection by stating that I knew the goodness of his disposition so well that I was convinced, if he had beheld the scene of distress which was witnessed by David and myself, he would have given relief, although he might not have gone altogether so far as was required968. The whole transaction was much complicated by the financial failure and death of Sir Samuel Hannay and the misconduct of Davids factor Robert Ramsay, who also subsequently went bankrupt. In the result the Hannays were left with security which would fail on Davids death. They were lucky, however, as the sequel will show, on the early and accidental death of Edward and the succession to him of James, their security revived and they eventually recovered something of the loan (see page 425). It is to be feared that Davids end was lingering and painful. By the end of 1792 he was suffering from what was diagnosed as the bloody piles and his neighbour, James Murray of Broughtoun, was kind enough to write to him with helpful advice based on his personal experience of the complaint 969. But it was soon realised that his complaint was more serious than this and David himself probably realised the fact, for on 24 September of that year he made an appointment of guardians to his younger children, Alexander, Robert, John and Elizabeth. As well as his wife and his eldest son, he appointed the following gentlemen, Johnston Hannay Esqre of Torrs, Alexander Gordon of Campbeltown,

968 969

Ardwall Papers 1090. Ardwall Papers 719.

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327 Patrick Kincaid, Esqre, late of Cadiz, merchant, David Scott, Esqre, of the bank Office in Ayr and George Cunningham, Esqre, Deputy Collector of the Customs at Greenock970. Edward McCullochs letters from his mother give some idea of the suffering which the unfortunate David had to endure and it is a comfort to learn from these, and from his apothecarys account 971 that he at least had the advantage of a plentiful supply of laudanum of which he consumed an inordinate quantity. On 8 October 1792 his wife wrote972: Now my dear Edward the Swallow packet is ready to sail and according to my promise, am satt down to give you every information in my power: your father is still Alive, but though nothing is impossible to Almighty power, yet it is too probable, long or this reach you, that he will be numberd with the dead. His disorder has of late entirely alterd his Appearance. He is now thin; and Emaciated and at times in violent pain; But in the full Exercise of memory and judgment and most tenderly Affectionat to his distressd family; and gratefull beyond discription for the tender and unremitting Attention that was no more than our Duty to bestow upon him; I will not my dearest Edward distress your kind heart with a discription of my sufferings for many months; and had I not such a son as you to succeed to his fortune and Powers I should never have been able to have supported myself under such an unexpected a Calamity. And on 19th June 1793973: You would learn the deplorable state of your fathers health and now according to my promise I mean to take one of the latest Ships to inform you that tho still alive yet he is in the same hopeless state, and in a degree of suffering that I can give you no Idea of without giving a name to his dreadful disease, which I have hitherto avoided, as the Bare Name of it must make you Shudder, and which I would not have done were not the slow progress which his disorder has made may make you indulge hopes of his recovery and make you relax your

Ardwall Papers 720. Ardwall Papers 733. 972 Ardwall Papers 733. 973 Ardwall Papers 737.
970 971

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328 preparations for your return to Europe. His complaints were, always understood before we went into Edinburgh to be the Bloody Piles; but when an investigation was made at Edinburgh this time twelve month, it was found by Doctor Monro and Mr. Benjamin Bell that it was a Cancer and tho inwardly yet it was in reach of there observations; and at the time Mr. Bell offerd and did write to you. He said that all the faculty could not save him. Mr. Bells forecast was all too correct, and David could scarcely have had a better surgeon than Alexander Monro, second of the celebrated Monro succession974. He died on 3 January 1794975. Of this event his widow wrote to her son976:My dearest Edward. After performing my Melancholy duties to your Dear departed father I sit down with an Afflicted and Heavy heart to inform you of your Loss and to Claim your protection for myself and your brothers and sisters, who tho now (in the Eye of the world) are fatherless and unprovided But who with Great reason look to you as their second father and their best friend, and join most ardently with me in Beseeching the Almighty to bring you soon and safely to your Native Country and to your own Estate, upon which I hope you will act such a part as will indear you to all Mankind. You succeed to a large inheritance no further incumberd than you think just and reasonable. And I trust that Being that has preserved you Hitherto from Evil, will direct and assist you, so to manage yourself and fortune, as may insure you of the Approbation of your own mind and the esteem and regard of all that know you. My mind is in such distress at present that I dare not trust myself with a discription of your Dear Fathers Sufferings; they were singularly severe till within a few weeks of his death; and on the third of this month at 2 oclock in the morning the Scene of his Sorrows was closed without a single strugle. He was quite sensible till within hours of his death, and amongst the last things he said to me was to send his Best Blessing to his dear Edward and James. In former conversations he committed many messages to me, to deliver you when you come home. Many

Inglis: Monros of Auchinbowie. Ardwall Papers 740. 976 Ardwall Papers 740.
974 975

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329 letters he begun to you which were left half finished, and a long State of Facts relative to his Affairs. Two months later, on 12 March, she wrote977: The blank he has made here is not to be expressed and theres no where we can go in this farm, or look to in the house but what brings hims so strong to our remembrance that it became so insupportable to me that I lost my health and spirits so much and I fell into complaints that were alarming for some weeks, but now I am greatly better and able to go about and as we may hope for a fine season I hope I get intirely well, and in times get more reconciled to my present situation. The funeral, as David would have wished, was a lavish entertainment, as the accounts fully testify978. Over 50 was spent on liquid refreshment alone, which came from a variety of sources and from as far away as Dumfries. Mrs. McCulloch and the family took what was perhaps their first opportunity in years of carte blanche at the tailor whose account came to about 125. In the light of this extravagance Gifts to the Poor at Mr. McCulloch of Ardwells funeral 12. 2. 0d seem if not downright stingy, at least very inadequate979. The cost, in fact, of a funeral at this period, was quite ruinous, sometimes being equal to a years rental. Whenever the breath was out of the body the preparations were made; the winding sheet of wool, the woollen stockings for the corpses feet; the lyke-wake or watching by the dead night and day by watchers who received their frequent refreshment; the body laid out on view for all who wished to see the corpse in the room, with chairs and other furniture covered with

Ardwall Papers 741. Ardwall Papers 754. 979 Anworth Kirk Session Minute Book.
977 978

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330 white linen. When means allowed it the chirurgeon half embalmed the body and provided a cerecloth to envelope the corpse. The invitations to the funeral having been sent out on folio gilt edged sheets, friends came from far and near to pay their last respects to his memory and their last attentions to his cellar. The feast was lavish and prolonged, the Minister saying the blessing over the meat at vast length, which constituted the whole of his funeral service, and in which he improved the occasion with equal solemnity and prolixity. The glass went round with giddying rapidity. The sack, claret and ale from the stoups disappeared and too often the mourners sat till they could not stand, and then with funereal hilarity or sodden solemnity the company followed the remains to the grave. Drinking was the favourite vice of the century; it brought no shame and it seemed to impair no constitution. A man who had himself enjoyed immensely many a festivity at his bosom friends funerals was anxious that his neighbours should enjoy equally unstinted satisfaction at his own death. For Gods sake, give them a hearty drink were a dying lairds touching last words to his son. As might be supposed, David left little but trouble to his successors, but an inventory of the furniture at Ardwall at the time of his death is of some family interest980. His widow went to live in Dumfries with her eldest daughter, Agnes, and survived her husband for over 30 years. She died on 16 March 1824 and is buried in St. Michaels Kirkyard. David and she had issue:-

980

Ardwall Papers 747.

357

David McCulloch 3rd son of David McCulloch (ii) of Ardwall

Robert McCulloch of Kirkclaugh Navy Pay Officer. 7th son of David McCulloch (ii) of Ardwall

358

David McCulloch (ii) of Ardwall

Janet Corsane, wife of David McCulloch (ii) of Ardwell

Edward McCulloch (ii) of Ardwell

David McCulloch, Merchant, East Indies, 3rd son of David McCulloch (ii) of Ardwell

Alexander McCulloch of Kirkclaugh, Merchant, Jamaica, 5th son of David McCulloch (ii) of Ardwell

Robert McCulloch of Kirkclaugh, of the Navy Pay Office, 7th son of David McCulloch (ii) of Ardwell

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331 1. Edward McCulloch (ii) of Ardwall, of whom hereafter.

2. Robert McCulloch, who was born in March 1767, died 3 May and was buried 4 May 1772 in the Coopers Ground, Leith981. 3. James Murray McCulloch of Ardwall, of whom hereafter.

4. David McCulloch. Owing to a hiatus in the Anwoth parish register the precise date of Davids birth cannot be stated, but, on the evidence available, it must have been in 1769, the same year in which the Duke of Wellington and Napoleon were born, In 1792 David was in France at Rouen and his mother wrote of him on 8 October of that year982. David is still at Rouen and we hear by Mr. Johnston of Carnsalloch he has made great progress in the French Language. The disturbances and distractions of that unhappy country has cost me great Anxiety on his Account but all his letters express the belief of his perfect security. Her belief was well founded for he returned home in 1793 and in a letter of 9 December to his brother, Edward, described his experiences983, 'Our correspondence, My dear Edward, has suffered a considerable interruption, chiefly owing to my residence for upward of a twelve-month on the continent, and to the want of an opportunity of regularly having my letters despatched along with those from Ardwall. I have been in Britain since the beginning of April last and as I have not only escaped the infection of French Liberty but have not felt the expeditious effects of that instrument called a Guillotine there can nothing in future prevent me from being as regular in the writing way as any of your friends here, tho the present state of my poor fathers health convinces me that this will be the last letter I shall address to you during your stay in India.

South Leith Register. Ardwall Papers 733. 983 Ardwall Papers 774.
981 982

360

332 You will perhaps wonder how I could stay so long in France in the very heat of the Revolution. At that critical period when no stranger seemed to have personal safety and after that these miscriants had ignominiously put to death their lawfull king, I must indeed confess appearances were much against me, yet such was my ardent desire to become a proficient in their language, and such my curiosity to see their country that I resided in Normandy, at Paris, and indeed every where my inclination led me without the smallest molestation even for months after war was declared betwixt the two kingdoms, and as communication between them was interrupted I passed through Flanders and into Holland at a time when the two armies were in sight of one another. It is needless for me to inlarge upon the subject of France or its politics. Your dispatches by these ships will give you a better idea of them than I can possibly do, even though I have been an eye witness to a great part of their enormities. I shall only say I have perfectly acquired their language and have a pretty good idea of their manners, the principal motives of my visit to the continent. At my return to England I found nothing had been done or was likely to be done regarding any employment or settlement for me, and my poor fathers health is so critical a state induced me to return to Galloway and to take some charge of his affairs. It would be difficult and indeed impossible for me to give you any tolerable idea what his present distressed situation really is, but I assure you it is somewhat of a consolation to those of his children who daily attend upon him and see his sufferings to reflect that you and James have never witnessed so great a calamity fall upon the family. His naturally good constitution has enabled him to make a most extraordinary struggle with his distemper but he is now so far reduced as to be unable to walk without assistance and it is thought impossible that he can stand it many days longer. It would be impossible at present in the bounds of a letter to give you any idea how his affairs stand, tho since my return to Galloway I have laid myself out to become acquainted with them,

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333 having been requested to take some charge upon Ramsays disgrace. That fellow has been found out to have been playing at fast and loose with this poor unfortunate man for the space of twenty years last past, and had my father lived for a century it was his interest to keep him in the same bewilderd and intangled situation by indulging him in every extravagant and expensive whim his imagination could invent. Mr. Johnston Hannay proposed to me that as I was in a manner idle I should take upon me the management of my fathers estate which I at length consented to, tho with some reluctance considering what difficulties I might have to encounter in adhering strictly to the rules prescribed me as to the application of the rents. Now, however, that all expenditure on my fathers part is at an end, things must of course turn better and it is impossible they can turn worse. I must say there is nothing so absolutely necessary as your return to this country; in spite of everything we can do there are many pieces of business which require your immediate presence and which cannot be delayed without prejudice to your interest. In the meantime you may I hope, depend upon my exerting myself as far as my capacity goes to keep things right, and to apply every shilling to a proper account, It must Im sure give you considerable pleasure to find that James goes out again to Bengal on so respectable a footing as that of Chief Mate of an Indiaman and I should think the return of his ship an opportunity for you not to be let slip. In the meantime, I am, my dear Edward, Yours most faithfully, Dav. McCulloch jun. Within a month of his writing this letter his father was dead and David, as the eldest son at home, took charge of the funeral arrangements and management of the estate. David has acted with the Greatest Attention and Activity in your affairs, wrote his mother, Never was there any young man more beloved and more respected than him, or who has kept himself free of every Habit that can Tarnish the Character of a Gentleman and I must own that I feel deep regret to look at one of his Merit,

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334 Accomplishments, and Appearance, Burried in a country like this, where his prospects never can be betterd984. It was at this period that David enjoyed the friendship of the poet, Robert Burns, one of whose letters to him has recently been published985. To David McCulloch Esqr., Ardwell, Gatehouse, My dear Sir, My long projected journey through your country is at last fixed; and on Wednesday next, if you have nothing of more importance than take a saunter down to Gatehouse about two or three oclock, I shall be happy to take a draught of McKunes best with you.. Collector Syme will be at Glens about that time, and will meet us about dish-of-tea-hour. Syme goes also to Kirroughtree; and let me remind you of your kind promise to accompany me there. I will need all the friends I can muster, for I am indeed ill at ease whenever I approach your Honourables and Right Honourables. Yours sincerely, Robert Burns. Dumfries, 21st June, 1794. The original of this letter is in the British Museum. There is endorsed on the back: Given to me by David McCulloch, Penang, 1801, A. Fraser. - Received 15 Dec. 1823 in Calcutta from Captain Frasers widow by me, Thomas Rankine. - Transmitted to Archibald Hastie Esqre, London, March 27 1824, from Bombay'. Collector Syme was that John Syme who was, for a time, factor on the Hills estate986. His father, laird of Barncailzie in the Stewartry, was also a writer to the signet in Edinburgh. Young Syme was in the army for a short time, He lost his paternal estate through

Ardwall Papers 741. Letters of Robert Burns. De Lancey Ferguson. 986 Ardwall Papers 1000-5.
984 985

363

335 the failure of the Ayr Bank. In 1791 he was appointed Distributor of Stamps in Dumfries: Ryedale, his home there, was a villa on the Maxwelltown side of the Nith. Syme and Burns became warm friends and the poet was a frequent guest at Ryedale. The story of the meeting in Dumfries of Burns and David McCulloch is well known: what is not so generally known is that the hero of the story was David, the son, and not David, the father. Lockhart in his life of the poet has related how, riding into Dumfries one fine summers evening to attend a county ball, David saw Burns walking alone on the shady side of the principal street of the town, while the opposite part was gay with successive groups of gentlemen and ladies, all drawn together for the festivities of the night, not one of whom appeared willing to recognise him. The horseman dismounted and joined Burns, who, on his proposing to him to cross the street, said, Nay, nay, my young friend thats all over now, and quoted, after a pause, some appropriate lines from an old ballad. But it was little in Burns' character to let his feelings on certain subjects escape in this fashion. He, immediately after citing these verses, assumed the sprightliness of his most pleasing manner, and, taking his young friend home with him, entertained him very agreeably until the hour of the ball arrived, with a bowl of his usual potation, and Bonnie Jeans singing of some verses which he had recently composed. It is only fair to add, without any wish to detract from Davids kindly action, that later biographers consider that in this, as in many other instances, Lockhart was merely drawing upon his imagination.

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336 There is no evidence that Burns had sunk so low in the esteem of his fellow citizens as Lockhart implies: indeed, the reverse is the case. In the summer of 1794 when the incident is supposed to have taken place, Burns had political and personal enemies, who might conceivably have been glad to see him suffer as he is supposed to have done. But Dumfries as a whole, and the best part of it in particular, was cordial and friendly. Chambers, in his Traditions of Edinburgh, quotes Lockhart as saying that David was an exquisitely fine singer of Scotch songs and Burns hardly ventured to publish many of his songs until he heard them sung by his friend. Chambers, himself, heard the poet more than once say that he never fully knew the beauty of his songs until he heard them sung by David McCulloch. According to Lockhart, Sir Walter Scott, too, with whom David was, later, a favourite acquaintance and familiar visitor at Abbotsford, considered him next to Tom Moore, the finest warbler he had ever heard. And Sir Walter never heard him sing until he was far advanced in life and his voice had given way to a long residence in India. Davids decision to seek his fortune in India may have been the result of a parrish scandal. The Anwoth Kirk Session Minutes of 8 June 1796 record that the Session being met and constituted, compeared Peggy Bailey, late of Ardwall, now in the Parish of Kirkirner, who acknowledges herself to be with child in uncleaness and being exhorted to ingenuity by the Moderator declared that David McCulloch, late of Ardwall, now gone to India, is father of the child.

365

337 At same time was produced a letter for Edward McCulloch Esq. of Ardwall addressed to the Moderator the tenor whereof follows: Sir, I have authority from my brother David to say that the declaration of the bearer, Peggy Bailey, is fully acquiesced in by my brother David McCulloch. Same day the above named Peggy Bailey was absolved from the scandal a fine being to be paid by the said David McCullochs brother Edward. This fine was never paid: eight days later Edward was dead, the victim of a riding accident and it was twenty four years before David returned to Anwoth. On the other hand, his decision may have been taken on the advice and recommendation of his brother Edward who was only recently returned from India after twelve years service there. In any event, he sailed from London in April, 1796 armed with a number of testimonials to his brothers friends, who were to prove kind and helpful to him 987. On 20 April, a few days before leaving, he wrote to his brother, Edward988. You will perhaps be surprised at not having heard from me since you left this but such has been my uncertainty respecting our ships sailing that I have delayed it from day to day until I could say something to the point. Some prohibited goods such as gunpowder etc. has been the cause of our detention so much longer than we expected; but I understand from the Capt. that all our difficulties are removed and that tomorrow the vessel will clear out and be ready to sail upon Friday without doubt. In consequence of having paid Capt. Anstes the whole of my passage money, viz. 100 guineas I have drawn 50 of the money which I put into Mr. E. Boids hands which I think it right to inform you of that you may know what remains.

987 988

Culvennan Manuscripts II 113. Ardwall Papers 776.

366

338 It is related that in the same ship as David was a Colonel Wellesley, going out to India to command the 33rd Regiment of Foot, and, later to lay the foundation of his future great career with two famous victories over the Mahrattas at Assaye and Argaum. He became very ill on board and David nursed him through his illness. When they parted at Bombay, Colonel Wellesley said, McCulloch, if there is anything I can do for you to repay your kindness, come to me at any time and I will do it. Years passed and Colonel Wellesley, now Duke of Wellington, was the leader of the allied armies assembled to formulate the peace treaty in Paris. David and a friend, at their dinner in London one night, were talking of the negotiations going on in Paris, and they agreed to cross the Channel, and see the allied forces enter that city. As they stood among the crowd, David remarked to his friend, I shall step out from the crowd and the Duke will recognise me and shake hands with me'. His friend laughed incredulously, and offered a bet in the shape of a dozen of wine against it, which David took up. They joined the crowd lining the streets to see the generals pass, with the Iron Duke at their head. David McCulloch stood forward a little from the crowd, the Duke noticed him, passed, and then turned back, saying, Well, McCulloch, I am glad to see you; anything I can do for you? Nothing, your Grace, but allow me to congratulate you on your great success. The Duke answered, I thank you', and passed on; and David won his bet. This anecdote is sometimes credited to Davids brother, Alexander: but, at the time when Colonel Wellesley went to India,

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339 Alexander was in Jamaica: he never was in India, nor, so far as is known, on the continent. David did travel to India at the same time as Wellesley, and was, on various occasions on the continent, though it must be added that there is no evidence of his presence there in 1815, when he was, in fact, at the Cape of Good Hope989. Of Davids career in India nothing is known beyond the fact that he is described as a merchant in the Prince of Wales Island in the East Indies990. By 1815 there were signs of that breakdown in health which was to be the cause of Davids comparatively early death. In that year, for health reasons, he spent upwards of 6 months at the Cape of Good Hope before he returned to India. He returned home finally in May 1820991. It is to be feared that his last few years were a constant struggle against ill health. In the summer of 1822 he made a trip to the continent but it did him little good and his brother, Robert, wrote992 He came out here (Camberwell) and dined with me and is to do so again today, and seems much disposed to be at all times as much as possible with me which I am rejoiced at as I am sure it will be better for him to be with me than among his eating and drinking India friends in Town. He has set about earnestly getting lodgings in Clapham or Brixton to be near me, and as I have preserved his Horse and Gig to him at a trifling expence, I hope with exercise and a little care of himself, he will soon pick up and recover his health and strength again. His excursion to the continent was an illadvised jaunt and a foolish one in his state of health at the time of undertaking it. In the autumn David tried Ramsgate.

Ardwall Papers 777-8. Ardwall Papers 1036. 991 Ardwall Papers 922. 992 Ardwall Papers 859.
989 990

368

340 I went down to Ramsgate by advice for a change of air and the benefit of salt water bathing. I found that place agree with me so well that I was induced to remain longer than I first intended, and returned here only a day or two ago, somewhat restord I confess, but still in a very indifferent and unsatisfactory state of health. In the summer of 1824 he was very ill at his house in Alpha Cottages, Alpha Road, Regents Park, and was not expected to survive993. He did so, however, and, going to Cheltenham in the autumn, found that it improved his health so much that he decided to set up house there. His sister, Elizabeth, Mrs. Scott, recently widowed, agreed to keep house for him, and she and her daughters moved there early in 1825. It was on this occasion that Sir Walter Scott wrote to David, at the Bellevue Hotel, Cheltenham994. My dear Sir, The intervention of the circuit has made me rather long in answering your very kind and acceptable letter. Although I am likely to be a sufferer by the transference of Mrs. Thomas Scotts residence to Cheltenham since I must of course look to see her and the dear girls, her daughters, more seldom than if they had continued inhabitants of Scotland, yet they will be so much more comfortably situated under your affectionate protection that I cannot but be happy on their account. With regard to you, my dear sir, whose health is sometimes in a delicate state, I think the quiet society which you have insured, is the most natural consolation in the hours of languor and pain which indisposition and pain bring with them. And although I hope the turn of your health may become gradually more confirmed as time makes you more familiar with the change of climate, and that therefore, as an invalid, their attention will not be frequently necessary, yet enjoyment of your hours of health cannot but be greatly increased by this addition to your domestic society. Indeed, though they be nieces of both and we therefore may be held partial judges, I never saw better bred girls in my life in any class of society, or better qualified by

993 994

Ardwall Papers 876-878. Ardwall Papers 786.

369

341 good temper and cheerfulness and good information, to add to the pleasure of domestic society. It gives me the greatest pleasure that they are under your protection and I am sure they will experience all the affectionate treatment which they deserve and Mrs. Scott has conducted herself so meritoriously in many trying and difficult circumstances that she has deserved all the comforts which your fraternal roof may afford. The sword of Sultan Tippoo, once so formidable will be an addition to my little collection, equally valuable in itself and its recollections and as a mark of your kind remembrance, and I beg to express my kind thanks for Mr. Gillman for so great a favour as to have said it had best be forwarded from London to Castle Street, Edinburgh. I conclude this will find the four travellers nearly arrived at their journeys end and I intend writing Mrs. Scott in a day or two. A country neighbour of mine, Mrs. Helen Karr of Kippilaw, usually resides at Cheltenham: the lady at one time visited Abbotsford until certain rumours made it necessary to let the acquaintance drop though I still keep up some communication with the husband as our estates march together and we must have frequent intercourse. Now, it strikes me as possible at least that this poor lady, on the footing of our neighbourhood etc., may take it into her head to visit Mrs. Scott, so I think it as well to give you this hint, which is otherwise strictly confidential, that if it should so happen, you may know what is to be done. She knows the world well enough to get out of the scrapes without committing anyone. I hope one of these days you will all come bodily down to Abbotsford for a month or six weeks at least and regale us once more with such Scots music as no one possesses the skill but yourself. Kind love to Mrs. Scott, Anne, and Eliza, if with you. I have no fear of Walter doing well. He has talents and, I think, the desire to employ them to the best advantage. He has besides, very good and popular manners so I hope il parviendra. My son, Walter, is in immediate expectation of promotion. His marriage, besides assuring him a very handsome independence, seems to promise every sort of domestic happiness. I remain, My dear Sir, Yours with most sincere regard, Walter Scott.

370

342 On 11th current I leave this place for Edinburgh to my great sorrow. Lady Scott and Anne, my only guests at present, beg kind remembrance to you and best love to Mrs. Scott and the girls. Abbotsford, 3 May 1825. But David was not destined to enjoy for long the company of his sister and nieces. In August Sir Walter recorded in his Journal995 that David McCulloch is extremely ill - a paralytic stroke, I fancy. He died on 17th October of that year and Sir Walter recorded, The death of Mrs. Scotts brother, Mr. David McCulloch, has put them in possession of about 10,000, their mother enjoying the interest which renders them very independent from having been very much otherwise996. His will was dated 3rd September 1825. He appointed as his trustees George McKillop, James Cullen, and David Pryce, all of Calcutta, his brother Alexander McCulloch, and James McKillop of London and, after leaving 50,000 Rupees to his natural son, Alexander, should he attain the age of 21, left the residue of his estate to his sister, Mrs. Elizabeth Scott for her life, and after her death, to her three daughters, Mrs. Huxley, Anne Scott, and Elizabeth Scott, later Mrs. Peat. By a codicil dated 7th September 1825 he left an annuity to his eldest sister, Agnes. For some reason, these provisions do not seem to have met with the approval of his usually kind hearted and generous brother, Robert, who wrote of them997, I have no copy of Davids will. Neither was I surprised at its contents, knowing (as we both did) that it was made for him, poor fellow, by others.

Scot, Walter. Journal: Revised Text.Tait I 212. Scot, Walter. Journal: Revised Text.Tait I 281. 997 Ardwall Papers 890.
995 996

371

343 5. Ross McCulloch, who was born at Ardwall and baptised 31 July 1770 by Mr. Ross, Minister of Soulseat998. The latter was his uncle (by marriage) and a kind friend of the family (see page 341). It was doubtless as a compliment to him that the child was so named. He died in infancy. 6. Alexander McCulloch of Kirkclaugh, who was born 23 February, and baptised 6 March, 1772 at Leith999. In 1788 he was apprenticed to Messrs. Sibbald & Co., merchants there, of whom his father wrote1000, It was a particular favour to get him into such a good house as there is not any house in Scotland that has so generall a trade or of a better character. I hope he will do very well as he is very careful and attentive. He is bound five years with a letter from Mr. Sibbald liberating him the fifth year providing anything casts up to him by which he can think that leaving Mr. Sibbald will be beneficial to him. After leaving Leith, Alexander went to the West Indies, but his health broke down and he soon returned to Scotland to recuperate. In 1794 he was at Ardwall and his mother wrote of him1001, Alexr. is still in Britan and has quite recovered his health. He proposes to go again to the West Indias, but as he lost his health there before I could have been verie happie if he could have been got appointed purser to an East Indiaman as he certainly is better cut out for making money in that or any other situation where Activity and Care is necessary for he needs only to be put in the way to make a fortune. Alexander, however, returned to Jamaica and was there in 1811 1002 but in bad spirits with respect to the trade of the island which

Anwoth Register. South Leith Register. 1000 Ardwall Papers 725. 1001 Ardwall Papers 741. 1002 Ardwall Papers 787.
998 999

372

344 sets his return home at a much greater distance1003. He appears to have returned to Scotland in 1815 and had a house in Dumfries. He had not altogether given up the idea of returning to Jamaica 1004 but, after hesitating for a couple of years, appears to have decided against it1005. In the meantime he had taken a lease of Ardwall from his brother James and lived there for a short time. Here he received a visit from his sister, Agnes, and his nieces, the Scott children, who were staying with her. Agnes reported the visit in her usual gossipy style to her niece, Mrs. Hamilton1006, your two little cousins and I have returned from a visit to your Uncle Alick. You know he has succeeded its late unfortunate possessor in the occupation of Ardwall, and a truly comfortable Batchelors house it is. Common report says it is not to be long so, and that he is going to be so fortunate as to obtain the hand of your fair cousin. I have no particular information but can only say out of an ardent wish for his good fortune I wish it most unfeignedly. But I rather think she would not have the said West India sun-burnt Uncle Alick! I confess myself the worst of all judges of what is probable or otherwise in regard to matrimony, as time perhaps may show But Agnes was to be disappointed: Alexander remained a bachelor all his days. For some years after this he lived in the Kirkgate of Dumfries of which town he became a burgess in 1828 1007. The following year, after protracted negotiations, he bought Kirkclaugh at a price of 4,200 from his younger brother, Robert (see page 376) and lived there till his death in 1843.

Ardwall Papers 1039. Ardwall Papers 789. 1005 Ardwall Papers 798. 1006 Ardwall Papers 909. 1007 Ardwall Papers 810.
1003 1004

373

345 7. George McCulloch, who died young1008.

8. Robert McCulloch of Kirkclaugh. Robert was born at Walkside of Leith on 13 July 1775 1009. In 1788 his father wrote of him1010 Bob is with Mr. White in Dumfries at his education and is a very smart fine boy and Im very confident will do very well. By 1791 he was at Greenock to learn something of the business of shipping and was still there in 1794 at the date of his fathers death. To judge by his letters to his brother, David, he was permanently in want of money, which David could ill provide. He left Greenock at the beginning of 1795 at the conclusion of his apprenticeship1011. Among the Ardwall papers there is a collection of upwards of 80 of Roberts letters covering the greater part of his life: but there are gaps, and the years 1795 to 1814 form one of them. In January of the latter year he was an official in the Navy Pay Office at Chatham 1012. By April he was at Rochester and writing to his brother, James,1013. We are here, as you may suppose all alive in consequence of the fortunate and glorious termination of the war, the passage of foreigners and others through this place having already become continual. We now look to a Pay Off as certain which to us is a time of the utmost exertion and unceasing hard work with no respite till we have completely broke the neck of it. A peace which to many many thousands will bring nothing but difficulties and privations, and must at first produce a great deal of individual distress, we shall reap the full benefit of, as no reduction of income will take place and those who remain at the outports will, in comparison have little or nothing to do, indeed, in point of duty and even emolument, will hold very enviable situations. With regard to myself, I calculate upon and would rather wish remaining where I am. Should there be any necessity for moving however I should have my choice of Portsmouth, Plymouth, or this town, therefore it is a matter of indifference to me.

McKerlie III 53. Edinburgh Parish Registers. 1010 Ardwall Papers 725. 1011 Ardwall Papers 741. 1012 Ardwall Papers 819. 1013 Ardwall Papers 820.
1008 1009

374

346 In 1817 Robert was at Portsmouth and it is evident that the termination of the Napoleonic Wars had not had the retarding effect on his career which it might have had. In another letter to his brother, James, he wrote from Portsmouth1014, Much satisfaction as I always find in writing to or hearing from you, I might for the present, in consequence of the hurry and confusion I am continually surrounded with, have delayed for some time longer telling you so, had I not thought it necessary to inform you that I am again on the point of changing my station, and as this change is not only for the better, but also a consequence of considerable promotion the necessity appears to me the greater of not deferring intelligence that I well know, on my account, you will be glad to hear. The retirement of one gentleman and the death of two others, my seniors, has given me three vacancies in as many weeks, with the rank of a chief clerk in the department, and occasions my being recalled to Town, either to superintend a certain branch of the business there, or to carry on the payments in the pay room, which is not yet finally settled. This step is so much the more agreeable as henceforth I shall not be compelled to quit London again, though upon a vacancy at an outport the option will be given me. Should I continue in my present way of thinking, however, the duty must wonderfully change, or the temptation to undertake it be much greater before I shall be induced to quit Town for the pleasures of the Nore, Spithead, or Plymouth Sound. As a counterbalance to this good news I am sorry to tell you there is a cursed new establishment for an office at present before the Privy Council by which we are threatened not only with a very serious reduction of present income but also with a serious curtailment of future prospects. For myself, I am not now likely to feel it so severly as I should have done some time back, tho Im afraid its but too certain we shall all suffer considerably. It is daily expected to pass and as soon as I know I will let you hear how it will affect myself. I am to be superseded here on 31st inst., and am, as you may believe, rejoiced at getting out of this vile place. It is quite bad enough of itself, but since I came last to it the nature and pressure of my duty has made it a. perfect Hell upon Earth.

1014

Ardwall Papers 822.

375

347 In 1819 Robert was in London and wrote to his brother, Alexander, that he had got an excellent servant and lived very comfortably in chambers in Clements Inn and tho they are stilish neither in situation, spaceiousness, or decoration, they suited his purpose perfectly well1015. In that year, on the death of a distant cousin the succession to Kirkclaugh (see page 205) opened to him and a voluminous correspondence with his brother, Alexander, ensued. Eventually Robert decided that he could not afford to retain this property and sold it in 1829 to Alexander as mentioned above. He appears to have lived in London for the rest of his life and a few years, after the death of their mother in 1824, his elder sister, Agnes, came to live with him until her own death in 1840. For the greater part of this time he had a house at 26 Colebrooke Row, Islington, where he died on 28 December 1855 at the age of 81, his executor being his grand nephew, the Rev. Thomas Scott Huxley1016. In all he did and in all he wrote Robert McCulloch shewed his delightful and kindly character, always ready to soothe the occasional quarrelsome tendencies of his brothers with whom he remained in constant and most friendly correspondence. He was always ready, too, to help a distressed friend or relative, and it is not too much to say that by these generous actions he deprived himself of the pleasure of retirement to Galloway and residence on his estate of Kirkclaugh. The sequel will shew how he came to the rescue of his brother, James,

1015 1016

Ardwall Papers 824. Ardwall Papers 895.

376

348 in his dire necessity; he also guaranteed his unfortunate brother-in-law, Thomas Scott, for 2000. At one point he thought that his liability on this guarantee might be substantial 1017 but from an entry in the Journal of Sir Walter Scott1018 it appears that eventually it was very much less than the full sum, if anything at all. It was typical of Robert that, when his mother died, he gave up his share in her small estate to those more in need of it, only asking permission to buy an old silver tea pot as a memento of her1019.
9.

John McCulloch, youngest son of David McCulloch was sent to school at Wallace Hall at Closeburn. This well known school still exists and must be one of the oldest in Scotland. It was originally organised on the lines of a modern public school and Alexander Mundell was appointed Master on 26 February 1750. Though small, it enjoyed a fine reputation: the boys, who between 1781 and 1791, numbered 91, were drawn from the aristocratic, landed, professional, and merchant classes from all parts of Scotland, as far north as Sutherland. A large proportion came from Morayshire and that quarter, from Aberdeenshire, Kincardine and Forfar, from Fife, Edinburgh, Glasgow, and Ayrshire: only a small number were drawn from Durnfries and Galloway. The two immediately older brothers of Sir Walter Scott were there and it may be conjectured that the school only failed to have Walter as well because of the

Ardwall Papers 861. Scot, Walter. Journal: Revised Text.Tait III 176. 1019 Ardwall Papers 874.
1017 1018

377

349 delicate state of his health at the time he was due to go to school. Alexander Mundell died in November 1791 aged 74 and the school was taken over and enlarged by his son Dr. Robert Mundell, L.L.D., who had graduated M.A. at Edinburgh in April 1779 and who died in May 1842, aged 831020. John McCulloch was at the school in December 1791 and his father wrote, 1021 John is doing well at Closeburn School and his mother has great hopes of his being a very accomplished gentlemant. His school accounts, which cover the period to May 1796, are among the Ardwall papers, and the modern parent may consider them with envy. The following is his account, a typical one, for the year to October 17941022, To Board for 12 months to this date French Geography Dancing for 2 months Cloaths, etc. Shoes Medicine Books Paper etc. Postages Pocket Money Incidents 21. 6. 0 0 4 0 6 9 6 0 2 3

5. 1.

15. 7. 19. 2. 5. 1. 4. 10. 30. 11.

Nothing is known of John after he left school except that he was in London for 3 years and soon afterwards died unmarried in America1023.

1020 1021 1022

Transactions of the Dumfries & Galloway Natural History and Antiquarian Society XXII 125.

Ardwall Papers 928. Ardwall Papers 900. 1023 Ardwall Papers 1269.
378

FAMILY AUTOGRAPHS - VIII Agnes McCulloch, eldest dr. of David McCulloch (ii) of Ardwall.

Penelope McCulloch, 2nd dr. of David McCulloch (ii) of Ardwall, and wife of Johnston Hannay of Torrs.

Elizabeth McCulloch, youngest dr. of David McCulloch (ii) of Ardwall, and wife of Thomas Scott, brother of Sir Walter Scott.

379

350 10. Agnes McCulloch, usually known as Nancy, the eldest of the family, was born in 1763, and, as the eldest, a great deal of the care of her father during his last illness, fell upon her. Her mother paid tribute to her conduct in a letter of April 1794 to her son Edward1024. Your letter to Nancy came here this morning, which will afford her much joy, and I will forward it to Edinr to her first post as she has been staying with Penelope since the beginning of March. Her leaving this scene of sorrow was absolutely necessary for her health for she had added to her natural delicacy the deepest dejection. It was no wonder, for her constant and unremitting attendance on her dear parent had endeared them so much to one another that I thought his death would have been fatal to her. I hear Penelopes kind and pleasant company has had favourable effect on her spirits. But I am sorry to understand that her Ruematic Headache still continues so ill that Mr. Bell has ordered her the use of the warm salt bath and if that does not remove the rhuematism I am determined to send her to the warm baths at Buxton which seldom fails as no expence within my power shall be wanting to procure health to such a valuable child. I hope when you know them all you will think there are few faniilys so truely unexceptionable. None of them exceeds her in every quality of the heart or equals her in understanding. Her feelings are too acute and her extreme sensibility have cost her much. But your affection and the immediate prospect of return will I trust open a scene of happiness and comfort that we have long been strangers to. For many years Agnes lived with her mother in Dumfries. Of her residence there a good deal can be learned from a series of fifteen letters from her to her niece, Mrs. Hamilton at Canterbury, covering the period 1813 to 1820. Agnes was a

1024

Ardwall Papers 743.

380

351 voluminous correspondent with a pleasant conversational style and her letters are full of gossip about family matters, day to day life in Dumfries, and other matters likely to interest her young niece, ranging from the proper curing of hams to novel maternity hints. Several excerpts from her letters are quoted in the present account. A year or two before her mothers death in 1824 Agnes developed some form of indisposition often referred to in her brothers correspondence but never actually specified. It made it necessary for her to be sent to live at Clarencefield, presumably some kind of institution or home. Here she was maintained by her brothers until 1828 when Robert took her to live with him in London 1025. Here, assisted by small legacies from her mother and her brother, David, she remained until her death in 1840 at the age of 77. 11. Penelope McCulloch, who was born in 1765 and married Johnston Hannay of Torrs in 1791. It was a quiet wedding more or less confined to the family1026. Her mother wrote of it1027. As Penelope was writing you some time ago she would inform you of her marriage, which happened on the 12th of November last, and which I hope will be aconnection productive of much happiness to the parties themselves, and to every one interested in both. It would have happened several months sooner but for the death and the unhappy state in which Sir Samuel Hannay left his affairs, which occasioned Mr. Johnston Hannay to

Ardwall Papers 1818. Ardwall Papers 928. 1027 Ardwall Papers 732.
1025 1026

381

352 stay in London above six months. His debts is enormous and it is deeply to be regretted that he has involved all his brothers in some degree. But Mr. John Hannay is so great a sufferer that he has found it necessary to return again to Calcutta. Mr. Ramsay and Mr. Johnston Hannay has their property better secured and I believe (that they will be to come in alongst with other creditors for some money that be had of theirs in his hands) yet as Mr. Johnston Hannay had invested a large sum in lands in Galloway, and Mr. Ramsay Hannay had an heritable bond for twenty thousand pounds on Sir Sam estate, from these causes they are both in a safer situation than Mr. John and William Hannay, whose funds he had applied in support of his unbounded expence . I shall now inform you of the particulars of your sister Penelopes settlement which on Mr. Hannays part has been very generous and disinterested. He has given her infeftment upon his estate of Torrs etc. for two hundred a year. He has left intirely to her own disposal whatever she may get from you, and has given her a bond for two hundred pounds for furnishing a house, to be paid immediately upon his decease. He has provided, if they have children, his estate to the eldest son, and to his younger children eight thousand pounds. They have not as yet fixed where they are to reside. Mr. Hannays health does no agree with a town & I believe he is rather puzzled what part of his estate to fix upon. He is to make a tryal at Rascarrall, beyond Kirkcudbright, for coal. If he gets it he will build there, but if not he will probably delay settling till Sir Sams estate be brought to a sale, as it will be in two years when this young man comes of age, and I daresay when that happens he will purchase some part of it as he is extremely partial to this part of the country. In the meantime as our family are all dispersed and none here but Nancy, they may upon proper terms be accommodated here in a much more comfortable manner than they could be anywhere else. But this must, if ever it happen, be proposed by themselves: and must be fixt upon such terms as may fully reimburse us, as their being here with their servants would make a very considerable odds in our way of living. Mr. Hannay is worthy and such a sensible man and has

382

353 acquired such an influence over your father that I believe it might be an infinite advantage were he to be either here or near this for I really hope that he will be disposed to take much of his advice. I hope, my dear Edward, you will write in the kindest and most confident manner to Mr. Johnston Hannay, that after congratulating him on his marriage you will express yourself warmly on the sense you have of his protection of this family, that you are rejoiced to believe your father takes his advice and hopes that his influence will be the means of preserving him from future difficulties. In the event, Penelope and her husband did stay at Ardwall for nearly two years. Her mother enjoyed the company of Penelope she is one of the best and most disinterested of women and her company has helped to support my spirits under a load of distress but Johnston Hannay, particularly in view of his delicate business relationship with the unfortunate David, was in an impossible situation, and was clearly not persona grata for surprising as it may appear yet his family is still here and has been now very near two years, supported and kindly accommodated in everything by us without us yet receiving a shilling upon their account, or his condescending to say to me that he ever would reimburse us. Nor did he ever ask me if his continuance here so long was convenient or agreable. This is confirmed in a letter from Penelope herself to her brother, Edward1028, It is with a degree of pain superior to what I ever felt on any other subject that I enter on the coolness and misunderstanding subsisting between this family and Mr. Hannay on account of my fathers affairs which circumstances have created

1028

Ardwall Papers 927.

383

354 the most distressing feelings I ever experienced from any other cause. Tenderly attached to each party and convinced perfectly with what motives of friendship Mr. Hannay was actuated when he took a part in their concerns or interfered to all to relieve them from a situation extremely perplexed. I cannot but deplore how differently it has turned out from expectation and how little satisfied both of them are with the conduct of the other. The most distressing thing in my lot has been that to justify the conduct of one parent I am under the sad necessity of blaming the other. Justice however forces me to explain to you with how little reason my mother has been blamed in many things when to my certain knowledge she had very little to say. Your early departure from this country made you less acquainted with the real situation of this family and its concerns than anyone belonging to it, though even before you went away I well know you had. witnessed some scenes which from the ungovernable and violent temper of my father may have led you to suppose could not render us very comfortable. Heaven knows we have often rejoiced you were not obliged to bear any part of our unhappiness and it has often been our sole comfort to reflect you were both ignorant of and out of the reach of the hardships we endured from that cause. I know that it is generally understood that my mothers influence with him was such that she could make him act in every respect according to her wishes, and from that opinion she has incurred an ample share of blame in the wasteful and prodigal manner he has conducted himself not only before but since the 88. It is indeed a grievous addition to what she, poor woman, has endured from his bad treatment to find herself believed the cause of extravagance she never had a hand in, and I can with truth assert that at the very time he was engaging in the most hurtful plans his only object was to keep her totally in the dark. He did for a time keep her entirely a stranger to his affairs of every kind, the effects of which are such as might have been expected from his extreme mismanagement, and even though she had been made acquainted with the real state of matters she had not the power of applying a remedy. Her lot has Indeed been a hard one, few, very few, have been

384

355 her comforts, nor was there ever a woman more perfectly miserable in the married life than herself. The obligation her children have to her are great indeed. She has uniformly pursued their interest to the best of her knowledge and had it not been for the affection she felt for them she would not have remained with a husband so perfectly unworthy of her till this time. Such my dearest brother are some of the melancholy truths which the present posture of affairs render it necessary should be known to you and which nothing short of absolute necessity could have made me unfolds They are distressing in themselves and must pain your heart to know them from such undoubted authority. In these circumstances it is not surprising that Penelope and her husband should leave Ardwall. As he had not yet acquired any house in the country, they moved into Edinburgh for the winter of 1793 1029, her mother writing in April 1794 that she was in her own house where she makes a most respectable appearance1030. But Penelope was not fated to be mistress for long in her own house. She died on 17 May 1794 at the age of 29 and is buried in the Canongate Kirkyard, Edinburgh. Her husband survived her and married for a second time, Mrs. Jane Johnston1031. He died at Carnsalloch in June 1801 leaving his two young daughters to the care of their step-mother. They were:a. Janet Hannay, who was born in the autumn of 1792, of which event her grandmother 1032 wrote , Your sister Penelope was safely delivered of a very fine little girl, named for me. Your sister is well recovered and the child thrives to their wishes and Mr. Hannay is uncommonly happie with his daughter.

Ardwall Papers 744. Ardwall Papers 743. 1031 Ardwall Papers 1023 1032 Ardwall Papers 733.
1029 1030

385

356 Of Janets marriage on 18 September 1816 to James Gordon of Culvennan and Greenlaw, her aunt, Agnes McCulloch, wrote a detailed description1033, But I sit down more particularly to give you some description of the events of yesterday, a period so interesting to you, as intimately connected with the happiness of your beloved sister. The company assembled here at dinner consisted of Sir Alexander and Lady Gordon, Mr. Murray and his charming lady, who has justly attracted universal admiration, Mrs. Maxwell (Terraughty), and Miss William and Isabella Gordon your cousin Mary and grand aunt Miss McCulloch. Margaret Dalzeil and Joan Greirson were the two bride-maids. Jen Gordon, Aunt Nancy and little Eliza Scott - included the formal part of the company. The Revd. John Hunter performed the ceremony (most impressively and admirably) and Colonel Hunter Blair was Bride Grooms Man. Mr. Wightman was also present; and Campbeltown came just in time to do the Honours of the House, and supply the place of the much respected absent landlord. We sat down to a splendid dinner (Venison and fruit from Cally) as early as a little after four oclock, and the marriage ceremony was performed between six and seven. Your sister behaved with the most delightful dignity, serenity and propriety, nor did she allow her feelings (as is sometimes the case) either to overpower herself or annoy others, He was all gratitude and happiness. After changing her dress she set of for Ardwall. This was my plan, and I flatter myself you think it a good one. There was some puzzle where they were to spend the following week or ten days and I suggested the birth place and nuptials of her beloved mother, and where she herself was born, as every way preferable. There could be neither inconvenience nor ceremony in dispossessing her uncle and I well know how delighted and honoured he would consider himself to have his house so occupied. He was to have been here yesterday but was sent for (by express) on business of indispensible moment to Edinburgh. Ardwall, and all around it, is exclusively theirs as long as they chuse. The domestics are very few in number and people of discretion, and my brother and myself have taken care to prevent the possibility of intrusion. They will spend a day at Kirkdale, one or two at Cally, and a few days at Greenlaw previous to their return here. Janet eventually set up house at Hawkhill in Edinburgh1034 and her aunt, Agnes, in a letter of February 1817, gives some

1033 1034

Ardwall Papers 910. Ardwall Papers 911.

386

357 account of her life there1035. Jen does not proceed more rapidly, and the wise ones desire me to tell her that going to two or three parties of a night and dancing till one or two in the morning is not the probable way to insure an heir to the estate of Greenlaw, But I have hitherto done no such thing. She has Lady Gordon with her: she has wisdom and I have none. Edinburgh, indeed, by all accounts, is even exceeding itself in gaiety. At this awful and alarming time God grant the Almighty may not think we are such a sinful people as to bring his judgement speedily upon us as a nation. Her aunts fears proved all too correct and Janet never did produce an heir to Greenlaw. She died without issue in 18511036. b. Margaret Hannay, who appears to have been born in July 1793 1037. She married about 1813 the Rev. J. Hamilton, St. Stephens, Canterbury, who died in 1840. She was the correspondent of her aunt, Agnes, from whose letters a number of quotations have been given. She had issue:i. Penelope Susan Hamilton, who was born in 1818 and married in 1838 Charles Joseph Trueman, 2nd son of Thomas Wesley Trueman of Hart Hill, Manchester1038. Charles Trueman was born in London in 1810 and served in 6th Dragoons (Carabineers). He died in 1880 surviving his widow who died at Oakwell-in-the-Blean, Canterbury, in 1877. They had issue:Charles Hamilton Trueman, Colonel, 32nd Light Infantry, who was born in 1839 and married in March 1874 Dorothea Magdalene, daughter of Dr. J.P. Fitzgerald, M.D., South Africa. She was born in 1847 and died in 1914 survived by her husband who died in 1917, leaving issue:I.

Charles Fitzgerald Hamilton Trueman who was born in 1877, served in the Boer War and was killed at Le Cateau 26 August 1914 as a captain in the Manchester Regiment.
a.

Ardwall Papers 912. Culvennan Manuscripts. 1037 Ardwall Papers 744. 1038 Burke. Landed Gentry. Trueman of Beacon Hall, Sussex.
1035 1036

387

358 b. Henry John Hamilton Trueman, who was born in 1878. He was a Major in the 43rd Erinpura Regiment, Indian Army, served in Mesopotamia during the Great War, was twice mentioned in dispatches, and retired in 1919. He died in 1922. He married Margery Norman, younger daughter of William Norman Wightwick, Canterbury, who was born in 1879. They had issue:A. Jean Hamilton Trueman, who was born in June 1914 and married on 29 June 1935 Lieutenant Commander Rudolf Cecil Drummond Haig, only son of Mr. and. Mrs. Cecil Haig, Morningtonon-Wye, Hereford, who was born in 1901. They have issue:i. ii. Penelope Susan Haig, born August 1938. Elizabeth Anne Haig, born 26 September 1945.

c. Arthur Philip Hamilton Trueman, O.B.E., who was born in 1880. He was a Lieutenant Colonel in the Buffs, East Kent Regiment, served in the Boer War and in France during the Great War, and was invalided home. He married Violet Victoria Bewes, who was born in 1896 and both died on 26 November 1918 during the influenza epidemic. d. James Fitzgerald Hamilton Trueman, who was born in 1884.

e. Mary Penelope Florence Trueman, who was born in 1875 and married in 1922 John Hayward Taylor Gornall, Royal Artillery. He was born in 1886, served in France in the Great War, and was wounded and invalided out of the army. He died in June 1930. His widow died 12 November 1946. II. Florence Augusta Trueman, who was born in 1844 and died in 1897.

III. Alicia Matilda Trueman, who was born in 1846 and in 1870 married Rev. Charles Cubitt, youngest son of George Cubitt of Dembies, Surrey. She died in August 1919. 12. Elizabeth McCulloch was the youngest of David McCullochs family and though the precise date of her birth is not know it was about 1776. In 1791, she was at Miss Wilsons Boarding School in Newcastle1039, after leaving which her mother

1039

Ardwall Papers 928.

388

Elizabeth McCulloch, youngest daughter of David McCulloch (ii) of Ardwall and her husband.

Thomas Scott, brother of Sir Walter Scott.

389

359 described her as a very pleasant well accomplished girl. It was an opinion no doubt shared by Thomas Scott whom she married in 1799. The precise date and place of her marriage is doubtful, thc Register of Edinburgh Marriages giving it as 27 November and the Dumfries Register as 15 December. Her brother, James, paid the whole expense of her marriage cloaths and the whole expenses of entertaining. Thomas Scott was two years younger than his brother, Sir Walter Scott, whose favourite brother he was. He inherited the family law business but so mismanaged his affairs that he became insolvent. Forseeing this, no doubt, in 1806, he was in correspondence with his brother-in-law, James McCulloch, as to some form of provision for his wife. But James himself was in none too good a position financially and the proposed arrangement led to nothing except some feeling between the two gentlemen as the following letter from Vans Hathorn, James McCullochs law agent, shews1040 I have just been with your poor sister Mrs. Scott and had a long conversation with her. Most sincerely do I feel for her and her young family. She wished to have wrote you herself tonight, but she is still so weak and has been much agitated that I dissuaded her from doing more than writing a few lines to her mother and promised to write to you. She will do it also tomorrow. Mr. Scotts affairs it seems have been embarrassed for some time tho unknown to him. But within these few days he has been so much pressed that he has been obliged to get out of the way. And the first intelligence I had of this was a line from Mr. Guthrie Wright this forenoon, who has been requested to take a charge of his affairs. I immediately went to your sisters in hopes of seeing him or her, but met with Mr. Wright from whom I learned that Mr. S. had been obliged to got out of the way. By a mistake of the servant your sister was not told I was there so she sent to me since and I saw her this evening. It is not from any impropriety being apprehended, but merely from fear of personal attachment that Mr. Scott has been obliged to fly. I understand from Mr. Wright that by a state he has left and what his clerk can inform, his debts are computed at about 11,000 and his funds about 8,000 exclusive of what may come from his fathers estate when cleared up, or from his own book debts. The shortcoming, on this view, would not be great. But still it reduces him, your sister, and her young family, to penury and want. I had not seen her since she lay in.

1040

Ardwall Papers 1107.

390

360 She is looking very thin, pale, and worn out, but supports her misfortunes with composure and is desirous to do what is thought proper. Your sister, Miss Nancy, is with her. There is a meeting called of his creditors for Monday at which I shall attend, to see what is to be done, though I dont know that any client of mine is a creditor. I shall write you thereafter. In my last I felt pleasure in informing you that I had satisfied Mr. Scott he could have no claim against you on Edwards bond and that he had agreed to discharge all such and that I was to make out a new scroll on the subject. I was taking the first opportunity after the Session in my power to draw that scroll this morning. But it is now perhaps as well that nothing final was done on your part. As your object now must no doubt be to keep whatever you gratuitously bestow on your sister free from his Jus Mariti or the attachments of his creditors, which under our total ignorance of his affairs we might have not felt so necessary to insist upon. It gave your sister much relief my being able to assure her tonight that Mr. Scott had been satisfied by me as to the points he was pressing you upon. For really she has all along acted with much propriety with regard to the unfortunate misunderstanding betwixt her husband and you. Repeatedly and many months ago has she in tears expressed to me her distress and vexation, and her anxious wishes that a reconciliation betwixt two so near and dear to her, could be effected. Yet she saw it would be improper in her to interfere. Now matters are altered. Her husband has been obliged to leave her, and no doubt she looks up to you as her natural protector and adviser. But she will I daresay write you tomorrow herself. As she expressed a wish to have my advice I have begged of her to send for me whenever and as often as she chuses when I shall be glad to give her the best advice in my power. I can say no more.1041 Pending an arrangement with his creditors, while his wife took shelter at Ardwall, Thomas Scott withdrew to the Isle of Man, where his brother attempted to persuade him to take up a literary career.

1041

Ardwall Papers 1107.

391

361 He preferred, however, to dabble in soldiering and took a hand in raising the new Manx Fusiliers. He eventually secured the position of Paymaster to the 70th Regiment of Foot (now the 2nd Battalion The East Surrey Regiment)1042 with whom he proceeded to Canada in 1813, leaving his wife and family in Cork. Elizabeth was about to be confined1043 but hoped to follow her husband the next spring. In spite of attempts to dissuade her by her brother, Robert, she sailed for Canada early in 1814, leaving her two younger children with her mother in Dumfries. Finding his remonstrances of no avail, Robert1044, gave up all further attempts and a few days ago received a letter from her dated on board a transport in Cork Harbour. . . . . An old friend of mine now fortunately Agent for Transports for Cork has been of much service to her and being the person of all others who had it most in his power, has luckily also been disposed most truly to befriend her on this occasion. He has procured her a passage for herself and children with as much baggage as she chooses to take free of expence, in a fine large new ship where there is no other passengers and in which she is handsomely accommodated and has plenty of room. The master too being a man of good character and perfectly known to him there is every prospect of her being as fortunate and as well taken care of on her voyage as could be wished. Elizabeth arrived safely in Canada and gave her mother some of her impressions in a very long letter from Montreal, dated December 18141045 'The box of flannels has never reached me, nor can I receive it now till Spring when the first

Buchan. Life of Sir Walter Scott. Ardwall Papers 929. 1044 Ardwall Papers 820. 1045 Ardwall Papers 930.
1042 1043

392

362 fleet I daresay will bring it out. You must not be concerned about it for they will be useful when they come and in the meantime we are suffering no inconvenience from the want of them, for when we are in the house the stoves keep every part of the house like an oven, indeed they are so oppressive that I keep the large cooking stove in the salle and the other in passage with the pipes going through the bedroom and parlour. All our people said we would be starved not having the stoves in the rooms but I find it as hot as I can bear it. I am allowed a cord of wood in the week or 2.10/- . They wished lately to cut off the Paymasters wives from wood and ordered us to join our regiments, but we made a great stir and represented the size of some of our families etc., etc., and so we have got it continued 8 months in the year and short allowance the other four. I save a good deal on it and had no idea of giving it up for want of a little exertion. It would be a good fancy for me to join the 70th at where Scott has merely a kind of hayloft for bedroom, office and everything. The extremes of heat and cold in this climate must surely be very trying for the constitutions of Europeans. The cold out of doors is out of my power to describe. I was yesterday going out and took a hold of the handle of the door without a glove, when in one instant my hand was fixt to the door by the frost and I was obliged to draw it off and left the whole skin on the handle as if it had been red hot iron. We buy our milk in large cakes which are brought to the market in bags, and I have my winters meat and poultry upstairs in a garret, where, when we want a piece of meat we cut it off with a hatchet like a piece of stone. We must not thaw more than we mean to use or it spoils it when thawed too often. Cloaths cannot be wrung out of the water or shook fast enough for they get as hard as boards and break over like a piece of lath. In short, it must be some sort of dry, different cold from what we have at home or I dont think any living creature could exist. I know I sincerely wish I was beside you and my two dear lambs tho I were under the necessity of living ever so poor. I have just only one comfort that my coming out prevented Mr. Scott giving up a situation in which we can live, and from our allowances being good we are able to do so on our income. This country is so far good that the other officers can do the same which is a great happiness to a paymaster

393

363 for I think if we had continued long at our expensive march in Scotland and Ireland we should have been all ruined together, indeed no human being who has lived a settled life can form an idea of the miserable shifts that a family following the army is put to not but that I get on as well and better than some of our ladies who have been campaigning all their lives'. Elizabeth returned home at the end of 1816 to take her two younger children out to Canada with her. They had been staying in Dumfries with their grandmother and aunt, and the latter recorded her feelings of sorrow at their departure, in a letter to her niece1046 of 24 February 1817. We have had a visit of my sister. That happiness will be soon dearly paid for by her departure with our two darlings, those two who have for these four years been the pleasure and solace of our lives. This parting will be a sad one upon your grandmother, poor old woman, for how can she ever hope to see them again; it is indeed (as she justly considers it) the parting of death. As for myself, I am becoming superstitious enough to think that all I love I lose. Something of the hazards of travel even at this not very remote date may be gathered from Elizabeths account of her voyage to Canada1047 You will rejoice to hear that we are all so far safe after a passage of 40 days without meeting misfortunes of any kind. Our good luck has been great in every respect. Capt. Moore is one of the best and kindest men I ever met with, and all the passengers most civil and agreable. We have had a great escape in not going in the Montreal. She was 15 days in the ice and very nearly lost after throwing 40 tons of her cargo

1046 1047

Ardwall Papers 912. Ardwall Papers 800.

394

364 overboard. We were also in much danger from the ice, we were 14 days among it and we suffered much cold and more fear, but met with no accident whatever. You will not expect a long letter when I tell you that we are this instant come to anchor and I mean just to step out of the ship into the steam boat in the course of an hour, for Montreal. I have no doubt I shall make out the remainder of my journey in safety but Im really getting too old and stiff for such bustling about by sea and land. There was a theory at one time widely held, but now discredited, that Thomas Scott and his wife were the actual authors of some of the earlier Waverley Novels including Waverley, Guy Mannering, The Antiquary, Rob Roy, and, perhaps, The Heart of Midlothian. An Interesting case has been made out in support of the theory in a pamphlet1048 published by Mr. G. J. French in 1856. Apart from a wealth of circumstantial detail, the case is based on the qualifications of Thomas and his wife. The former had received a good education at Marischal College, Aberdeen, was a first rate latin and classical scholar, a brilliant intellect, of extensive information, and power of social humour, wit, and a deep insight into human character, which rendered him a universally delightful member of society. In fact, the only known impediment to his success appears to have been a love of ease that amounted to indolence, and of conviviality that sometimes degenerated into dissipation. Nor was his wife any less gifted. Lockhart states that she was one of the best and wisest and most agreeable women he had ever

1048

Ardwall Papers 934.

395

365 known. She was stored with old Scotch traditions, anecdotes and historical reminiscences, which she loved on occasion to pour forth. She had a taste and a talent for writing though she was sensitive on the point and her friends rarely alluded to it. Thomas Scott died on 14 February 1823 at Quebec and his brother wrote to James McCulloch1049, I am sure you will learn with regret the death of our poor Tom. He expired on the 14th ulto., as I am informed by a letter from an officer of his regiment. Although this event has been long expected, and in his irretrieveable state of health, cannot be considered as the subject for deep or lasting distress, it is always a shock when it does come, and as such you and I will feel it. I have desired Mr. Gibson to send notes to the few friends whom we have now left alive and I will be obliged to you to mention to him those of your relations to whom in propriety such cards ought to be sent. I have the comfort to think that something will be saved which my poor brothers affairs would have swallowed up and that, one way and another, there will be a suitable provision for your sister and the girls. Tom was sensible to the last, perfectly aware of his condition, listened with pleasure to reading till within about two days of his death and was then overcome with lassitude but totally free from pain. Your sister was as well as could be expected and was in sympathy and attention from every officer and lady connected with the regiment. There are other circumstances which I will mention to you at more leisure but tonight I have a bad headache and never see what I am doing. Sir Walter, however, was too sanguine: the unfortunate Elizabeth was left in penury. Moreover there was some difficulty over

1049

Ardwall Papers 1069.

396

366 procuring her a pension and she was compelled to submit a petition to the Secretary of War1050 humbly shewing, That the memorialists husband having died at Quebec on the 14th day of February 1823, leaving two daughters and one son, all in minority and unmarried, and without having had it in his power to make any provision for their support, the Memorialist made the usual application to the War Office to receive from his Majestys Royal Bounty the pension of an Officers Widow. The regular documents for authenticating the Memorialists claim were transmitted to the War Office in a letter from Lieutenant-Colonel Charles McGregor of the 70th Regiment, dated from Quebec the 14th day of April 1823; and the certificate of the Memorialists marriage, which could only be procured in Scotland, was subsequently transmitted by Alexander McCulloch Esquire, of Dumfries, the Memorialists Brother. In answer to these applications, the Memorialist was informed that, till the Regimental accounts were closed and settled no pension would be granted and she has never hitherto been able to ascertain, whether the accounts are so adjusted or not. The Memorialist has not the slightest reason to believe that her late husband owed any balance to Government, at the time of his death. But even if he did, there can neither be difficulty nor delay in making effectual any claim which the Public may have against him, as his whole intromissions were guaranteed by his brother, Sir Walter Scott of Abbotsford, Baronet, and by Robert McCulloch, Esquire, of the Navy Pay Office, London, the brother of the Memorialist. As the Memorialist has no means of ascertaining when the Regimental accounts may be settled, nor any idea of the obstacles which have, hitherto, prevented their adjustment, she is induced to make this renewed application, humbly, but confidently hoping that The Right Honourable The Secretary at War will be pleased to take into consideration.

1050

Ardwall Papers 933.

397

367 the circumstances of her family, the ample security held by Government for her late husbands intromissions, and the hardships to which she will be subjected if she is prevented from receiving the pension by the delay to make arrangements, over which she never can have any control; and that, having taken these circumstances into consideration, His Lordship will be pleased to recommend her as a suitable object for His Majesty's Royal Bounty. A favourable answer to this application shall be received by the Memorialist with the utmost thankfulness and gratitude. St. Michael Street, Dumfries. 17th February 1824. Elizabeth Scott. This petition was supported by a personal letter from Sir Walter Scott to Lord Palmerston, but it was not until 1827 that Elizabeth was placed on the pension list. By this time she was comfortably provided for by her brother, David. Meantime she returned to Scotland with her family and appears to have spent much of her time under the care of Sir Walter Scott at Abbotsford, though she also stayed with her niece, Mrs. Gordon, at Hawkhill, and was at one time in 1824 in lodgings at 80 Princes Street, Edinburgh 1051. She was now faced with a decision as to her future home: she had a natural attachment to Galloway and on one occasion expressed her sentiments on the subject to her brother, James1052, 'I believe after all my wanderings you must build me a nice cottage in Galloway, with a small garden, and cows grass. We will

1051 1052

Ardwall Papers 784. Ardwall Papers 932.

398

368 give you a good rent and settle on a hillside. David will buy an estate in our neighbourhood and when we feel inclined to riot in the gaiety of a town life we will adjourn to Alicks town residence and enjoy ourselves. This part of the plan will depend in some degree on Alicks approbation'. There were, however, other considerations, and it has already been related how she decided to stay with her brother, David, at Cheltenham. His death soon afterwards in 1826 and her inheritance of his fortune for the first time relieved her of financial worry and ensured her a comfortable old age. She died in 1848 at Canterbury aged 721053 where for some years she had been living with her daughters, Mrs. Huxley and Anne Scott. She and Thomas Scott had issue:1. 1819. Walter Scott who was born in 1805 and of whom his uncle, Sir Walter, wrote in October I should like to know what you mean to do with young Walter and whether I can assist you in that matter . . . . . After my own Sons my most anxious and earnest wish will be of course for yours . . . . . . Should his temper and character incline for active life I think I can promise to get him a cadetship in the East India Companys Service. I will bear the expense of his equipment and passage money: and when he reaches India, there he is completely provided, secure of a competence if he lives, and with a great chance of fortune if he thrives. His father appears to have accepted Sir Walters suggestion and the young Walter was sent out to India, prior to 1827, as an Engineer in the military service of the East India Company1054. He eventually rose to the rank of General and, after retiring, spent his last years with his neice, Baroness Von Oppell, in Germany.

1053 1054

Lockhart: Life of Sir Walter Scott. Ardwall Papers 933.

399

369 2. Jessie Scott, who was born in 1800 and married, at Kingston, Canada, on 1 November 1819, Thomas Huxley, Brevet Major and Captain in her fathers regiment, the 70th Foot. Her father, writing to James McCulloch on 20 August that year, expressed his pleasure at the match1055 Tho it is a long time since you and I have corresponded together yet I am sure that you have never ceased to feel an interest in and a regard for myself and family. Under this impression I have to communicate to you an event which is about to take place soon, being the marriage of my eldest daughter to Captain Huxley of our regiment, with the complete approbation of her mother and me. Thus though I have had my own share of misfortunes and trials in this world, yet it is my fate at length to be completely gratified in the way most interesting to my hearts For my childrens interests are dearer to me than my own, and Captain Huxleys high character as an officer and a man of honour is such as to insure my daughter every happiness in a married life. Jessies uncle, Sir Walter, writing to his brother, said, Before this reaches you the event will probably have taken place. Meantime I enclose a letter to the bride or wife, as the case may happen to be. I have sent a small token of goodwill to ballast my good wishes which you will please to value for the young lady that she may employ it as most convenient or agreable to her. Thomas Huxley, by then a Lieutenant Colonel and an Inspecting Field Officer of Militia in Nova Scotia, died on 3 November 1826 leaving his wife in poor circumstances and compelled to petition the Secretary of War in the same way as her mother. For a time he held the appointment of Military Secretary to Lord Dalhousie,

1055

Ardwall Papers 931.

400

370 Governor General of Canada. Jessie Scott survived him and died in February 1870 leaving a son:Rev. Thomas Scott Huxley, who was born at Quebec 21 June 1823 and died 23 March 1898. He married in 1857 Elizabeth Ferguson Day, who was born 26 March 1835 and died 2 April 1904. They had issue:1. John Day Huxley, who died 2 October 1871 aged 13.

2. George Thomas Scott Huxley, who was born 21 June 1859 and died 2 November 1940. He married on 20 July 1880 Emily Charlotte, eldest daughter of Major General William Freke Williams, who was born 14 April 1855 and died November 1938. They had issue:A. Henry Scott Huxley, solicitor, who was. born 26 May 1881 and married, first, 1 June 1918, Joan Fraser Parker, youngest daughter of Major General Neville Fraser Parker, who died 2 August 1938: and, second, 22 January 1947, Morna Alice Lisle Hordern. B. John Scott Huxley, who was born 6 August 1885. He was a Lieutenant in the Machine Gun Corps and was killed in action on the Somme 16 July 1916. He married Kathleen Eva Gordon Hewlett and had issue:I. John David Scott Huxley, Wing Commander, Royal Air Force, who was born 30 Oetober 1914. He married in April 1939 and has issue:i. ii. Rosalind Scott Huxley, born 24 June 1940. Julia Scott Huxley, born December 1946.

C. Thomas Scott Huxley, Clerk in Holy Orders, who was born 11 December 1887 and married Dulce Brooke. He had issue:I. D. Stephen Scott Huxley, born 19 December 1930.

Margaret Jessie Huxley, born 20 January 1883.

401

371 E. F. Katherine Elspeth Huxley, born 2 June 1884. Mary Nora Lilian Huxley, born 27 November 1893.

3. Ann Rutherford Scott, who was born in Edinburgh 3 July 1802 and is believed to have died unmarried. In May 1826, when Lady Scott lay on her death bed, Sir Walter recorded in his diary, My niece Ann Scott, a prudent, sensible and kind young woman arrived today having come to assist us in our distress from so far as Cheltenham. This is a great consolation. 4. Elizabeth Charlotte Scott, who was born at Douglas in the Isle of Man on 16 September 1810. She married Captain Alexander Cummin Peat, Major of Engineers in the Military Service of the East India Company. He was the son of George Peat, Sheriff Substitute of Berwickshire and was born 25 September 1804. He died at Karachi on 15 April 1848. They had issue:1. George Peat, born 15 September 1837.

2. Walter Scott Peat, born 23 June 1839, and was in the Bombay Cavalry. He married Florence Forgan. 3. Elizabeth Lisette Peat, who was born 30 July 1841 married in 1867 Baron Ernst Von Oppell of Schloss Wilsdruff, near Dresden, Germany, and died there on 16 February 1917. She had issue:(a) Baron Hans Maximilian Alexander von Oppell who was born 28 October 1867. He was at one time an officer in the Life Guards of the King of Saxony. A writer of philosophy, he died at Oxford 12 November 1942.

402

372 b. Nina Marie Monica Louisa von Oppell, who was born 23 April 1869 and was for a time Lady in Waiting to the Queen of Saxony. On the arrival of the Russian forces at Wilsdruff in the spring of 1945 she was evicted from her home at a few hours notice. She subsequently lived in two small rooms over the shop of Herr Otto Nebrich, the apothecary, in the village of Wilsdruff, maintained by the villagers in gratitude for the kindness shewn to them in past years by the von Oppell family. In a letter to the present writer she gave the following information about her family. My dear mother who died in 1917 often told me that her grandmothers maiden name had been McCulloch but I dont believe she knew any members of the family. She was born in India and lived in Germany ever since she was a girl of 14. It interested me so much that you should have found that old photograph of my brother and myself with our dear old uncle, General Walter Scott. He was in India all his life, but spent his last years with us in Germany. His great interest was collecting a very valuable library of over 6000 vols, chiefly French Theology, all the Fathers of the Church, St. Augustine, St. John Chrystomus, St. Bernard, St. Thomas Aquinas, St. Teresa, etc., each in 12 large vols., besides many other valuable and ancient French books. Also, of course, a great number of English books, some very old illustrated editions of Shakespeare, of course, also, all Sir Walter Scotts works. All these books were on shelves in a large room in the old schloss here, we used to inhabit. At the time of the Russian invasion I had to leave it, of course, and at that time I lost everything I possessed, every bit of jewellery, silver, clothes, furniture, etc., but I must say the foreign soldiers did not touch the books. That was left, I regret to say, to be done by my own compatriots.

403

373 I had to take refuge for several months with some relations near Halle a. d. Saale, and during my absence, people here, as well as fugitives from Silesia, forced the lock of the library, pulled the books out of the shelves, and used them to light their kitchen fires with. And the children tore the books to pieces and scattered them over the roads. Can you imagine such vandalism? I am so thankful that my dear brother did not live to see it, he set so much value on our library. He died 4 years ago in Oxford . . . . . . He was a philosopher and wrote many articles in Hibberts Journal: he was a great friend of the editor, old Professor Dr. Jacks, who is still alive in Oxford. My brother was in the German Army, in a cavalry regiment in Dresden, and later, for many years at the German Embassy in London. My father, who died in 1876, when my brother and I were babies, had been in the same regiment in Dresden, and was wounded in the war with France in 1871. My mothers father, Alexander Comyn Peat, died in India, where he had been through several wars. I had many long interesting letters he had written to my grandmother from Afghanistan, while she was in Bombay, but, unfortunately, they, as well as many other interesting papers, were all destroyed in the general robbery in the Schloss. Otherwise I should have been glad to send you some. II. Godfrey Cumin Peat, born 7 March 1845.

III. Margery Alexandrina (Nina) Peat who was born 15 April, 1847, married in 1873 Robert Slight, a manufacturer in Galashiels. EDWARD McCULLOCH (ii) OF ARDWALL Edward McCulloch was born on 6 April 1764 and was appointed a cadet in the military service of the East India Company in 17831056. He was promoted Ensign in 17851057 and Lieutenant in 17911058. He

India Office Records. Ardwall Papers 935. 1058 Ardwall Papers 936.
1056 1057

404

374 resigned the service on the death of his father in 1794 and a Minute of the Council of 19 December authorised his proceeding to Europe in the Busbridge1059. Few details of his service are available: from 1788 to 1792 he was with the 2nd European Regiment and in the latter year was stationed at Dinapore1060. The following year he was at Barrackpore with the 3rd European Battalion1061, but in that year, to his evident pleasure, transferred to the 9th Sepoy Battalion1062. At this period the East India Company was approaching the zenith of its power. It had emerged from modest beginnings in 1600, when it was no more than a private venture, trading to the fabulously rich orient, had passed through the period when it was confined to a few trading stations or Factories', which had subsequently been enlarged and strengthened to become forts here and there along the Indian coast, and had reached the stage when the foundations of the Indian Empire had been firmly laid. All European rivals had been out-stripped and virtually ousted and it was nearly a generation since Clive had smashed French hopes at Arcot and Plassey. The company was now a vast concern, owing much territory, and, by treaty and intrigue, exercising control over considerably more. This required the services not only of a considerable fleet, but of a considerable army as well. Warren Hastings had just left India and the first Mahratta War had not long been brought to an end though the Mahrattas still had

Ardwall Papers 939. Ardwall Papers 733. 1061 Ardwall Papers 735. 1062 Ardwall Papers 739.
1059 1060

405

375 plenty of fight in them. In the south, in Mysore, Tippoo was on the threshold of his prolonged struggle with the company, which was to be finally brought to an end by Sir David Baird at Seringapatam in 1799. Edward timed his departure from India well, as his friend, Harry Imlach, in a letter dated 6 February 1795 from Hazareebang, pointed out to him1063, You was exceedingly lucky, Mr. Chap, in taking your departure as soon as you did. Had you remained twelve months longer tis odds but you had reposed your bones on the border of the Mahratta Country. Eleven out of 21 Europeans of us Officers, Sergeants, and artillery were Lodged underground in the course of little more than two months. Black Jack was obliged to run from the centre of Chutanagpore to the banks of the Ganges to save his bacon. It was a pretty large detachment, composed of different corps, commanded by Limond, to repel a Mahratta invasion a farce Our battalion marched out only Limond, Sturrock, Reddie our Surgeon, and myself. Sturmer had marched six weeks before for the protection of the Rajah and his family. Gregory remained in cantonment, sick and frightened at the season. Lamborn had an excuse for remaining behind - his leg. We were joined by three companies of the 8th and 16th, and an artillery officer with two six pounders and 10 Europeans. Our party returned to Hazaree in the end of November, Limond, Reddie, and self, scart free. Every other officer who survived the service, excepting Drummond of the 8th, and he had a liver complaint on him when went upon the Detachment, have returned with serious complaints. Poor Jeremiah Johnson, I am sorry to hear, has but little chance of surviving long: a Lieutenant Robinett was buried at Burwah: we lost both our Battn. Serjeants: the Serjt. and 7 matrosses out of a party of 10 artillerymen likewise died before they reached the boundary of Bahar again. The natives suffered greatly: three of my old servants died in one week, and all the rest who accompanied me excepting Cook, Soes and a bearer were carried back.

1063

Ardwall Papers 1011.

406

376 During his stay in India Edward made a large collection of receipted tradesmens accounts1064 and a perusal of these gives a number of clues to his character and habits. He was evidently much interested in music and played the violin a good deal, taking lesson from one, D. Barretto. To judge by the amount of wines and spirits which he bought he must have been either extremely hospitable or intemperate. From a number of tailors bills some items may be quoted to give an idea of the resplendent uniform worn by the officer of the period To 4 yards of fine Scarlet Cossimere To making the above into a Regimental Frock To 38 coat solid plain gilt Buttons To White China Silk facings To Embroidered Wings Gold Bullion and fringe To Genoa Velvet for Lappels, Cuffs and Collar To 36 large and 8 small Gilt Buttons To Turbin To making Nanking Breeches Rs. 54 8 25. 5 8 30 15 23 2 . 12

It is of some interest to compare the foregoing items with an account from Edward's civilian tailor, Thomas Mitchison, London. It is dated 17951065 To a fine mixt cloth coat Lappelld uncut velvet cape fgd. Gilt buttons and all materials complete To 2 pair drab cassimere breeches with all materials complete To a pair mixt. ditto ditto. To 2 pair fine York Cord ditto. To 4 printed quilted Waistcoats compt. To 4 Striped Muslin Waistcoats ditto. To an under Waistcoat faced with Pink Sattin To a Sfine blue cloth coat Lappd the best gilt buttons and all materials To a dark mixt ditto. ditto with rich Steel Buttons To a fine mixt beaver Surtout Coat dble. velvet cape and all materials complete To a pair breeches braces 3. 2. 1. 2. 4. 4. 3. 3. 3. 3. 8. 8. 5. 8. 4. 10. 5 8 8 3. 4. 6

1064 1065

Ardwall Papers 952-988. Ardwall Papers 988.

407

377 On his return home, Edward immediately set himself to the management of his estate. It has been shewn how, in spite of much pressure, parental and otherwise, he had been sufficiently prudent to keep himself clear of the chaos into which his father had allowed his affairs to drift. He was only 31: rents were rising, and he could reasonably look forward to a long and prosperous tenure. His factor at Hills was John Syme, the friend of Burns, a series of whose very readable letters are among the Ardwall papers1066. Some extracts may be quoted: here, for instance, are his views on estate housing1067, I am a great advocate for good houses. I think the tenents in general, in this country, are in labouring circumstances on account of the miserable accommodations which their houses afford. They not only sustain much loss and undergo a great waste of labour and time in combating and repairing the inconveniences arising from these bad accommodations but they become slovenly indolent and so habituated to filth and bad management that no spirit for improving nor energy of any sort animates them. They crawl about the plough hereaway thereaway in the old-fashioned slovenly manner, and are insensible to the losses they sustain. All this I think arises from the miserable houses in which themselves their cattle and their crop are lodged. Give good clean houses to render these articles safe and comfortable and you do more towards the improvement of an estate than by the common method of granting a certain sum for lime and receiving a certain interest or advance of rent. When tenents are well lodged they go on with spirit and improve their farms, for they soon find the sweets of the labour they bestow, when they have comfortable accommodations. Of the prospects of the estate, Syrne spoke well1068, Upon the whole, my dear Sir, your estate of Hills is a very valuable property and I make no doubt will yield you a very considerable rise of rent at setting the farms and a progressive increase of rent on setting them after the leases now first to be set, are expired.

Ardwall Papers 1000-5. Ardwall Papers 1001. 1068 Ardwall Papers 1002.
1066 1067

408

378 But Edward, unfortunately, especially so for his brother James, was not destined for long to enjoy his retirement and the life of a country laird. He was killed by a fall from his horse when returning from Kirkcudbright, on 22 June 1796, and except for a couple of horses and some trifling arrears of pay from the East India Company, he left for his brother, James, nothing beyond a seriously burdened estate and some further debts. Even his watch and seals were made away with and never accounted for to James. JAMES MURRAY McCULLOCH OF ARDWALL James McCulloch was born at Ardwall on 13 April 1768: he was the fifth child and third son of his parents and, in the fashion of the time, was nursed by one, Nanny Couchtree, who had recently weaned her own illegitimate daughter1069. The Marine Records of the Honourable East India Companys Service, on the other hand, quote a certificate dated 1807 by the Reverend William Gordon, Minister of Anwath, that, according to the parish records, James Murray (described as 3rd lawful son of David McCulloch) was born on 25 March 1768 and baptised on 28 of that month. It would be interesting to know where the reverend gentleman obtained this information. Examination has shown that there are no parish records for the period in question, and it appears that they were never kept, the Minister of the time, the Reverend Robert Carson being otherwise busily occupied. In later days, in one of his poems, James spoke of his childhood with his

1069

Ardwall Papers 1096.

409

James Murray McCulloch

and his wife

Christian Robison

410

379 brothers and sisters at Ardwall. It was a poem written while he lay, a debtor, in the Canongate Gaol, and described a meeting between him and the ghost of his long since departed sister, Penelope. It was perhaps inspired by the fact that Penelopes grave was only a stones throw from the prison. Together, they happily recalled their early days, when We, in childhood roamd thro Ardwall woods; Or, bathd in Solways briny floods, Or, our limbs in summer day did lave, In lovely Fleets pellucid wave; Or gatherd Ardwalls fragrant flowers, To deck our fog-formd rustic bowers. When shells, or pebbles, we gatherd off the beach, Or nuts from hazel bough, high as young arms could reach. In due course James was sent to school, of which he wrote, 'I was twice at school, in the gay town o Dumfries, And nearly all my scholastic learning did here begin and cease Three-score and ten years ago, in the Kirkgate, I went to school; Janet Macmorin, a good old woman, did this noisy mansion rule, Being only five years old, little lore, fell to my share, Still, Janet first taught me, the A B C, and our Lords prayer. Before he was 16, James was taken under the patronage of his neighbour, Sir Samuel Hannay of Mochrum, who was supposed to possess great wealth, with all that influence which is usually considered to be the concomitant of opulence. He promised to use all this influence to get James promoted, and placed him in the maritime service of the East India Company.

411

380 At this time service in the fleet of the East India Company was a popular profession. The company was rich and in a position to offer an alternative career. In fact, so attractive were the chances of pecuniary advancement that it was considered a mark of some social distinction to hold an officers berth on an Indiaman. Many aristocratic families sent their younger sons into the companys service rather than give them over to the ill-paid privilege of service in the army or navy. Promotion was by seniority on vacancies occurring but the commands of ships, which were really lucrative positions, were purchased. Captains were allowed as a perquisite the amazing privilege of 50 tons of cargo space for their use on the outward journey and 20 tons on the homeward passage, thus enabling an astute commander to make as much as 5000 on a voyage. Mates and petty officers had similar privileges, though on a much smaller scale. Uniform came in with Georgian times and the company were the first to adopt the new idea. Its captains were dressed up in a somewhat showy skirted blue coat with black velvet lapels, collar and cuffs, and plenty of gold braid. The buttons were of gilt, embossed with the companys crest breeches and waistcoat were of buff, the stock was black and the stockings white cocked hat, buckled shoes, and sword, completed the outfit. The uniforms of officers became simpler as their rank diminished all were instructed to appear in full dress uniform when attending the Directors Court. The ships, the famous East Indiamen, were built like men of war and manned in man-of-war fashion. This had early been found

412

FAMILY AUTOGRAPHS - IX James Murray McCulloch of Ardwall Christian Robison, wife of James Murray McCulloch of Ardwall.

Alexander McCulloch of Kirkclaugh, 5th son of James Murray McCulloch of Ardwall.

Edward McCulloch, 7th son of James Murray McCulloch of Ardwall.

Agnes McCulloch, eldest dr. of James Murray McCulloch of Ardwall.

Janet McCulloch, dr. of James Murray McCulloch of Ardwall and wife of John Gordon Brown.

413

381 necessary on account of the pirates and privateers infesting the eastern seas. No merchant was safe from attack, hence they all went more or less heavily armed. Indiamen were built with rows of gunports and carried trained gunners as in a man-of-war. They had ample opportunity of demonstrating their need of armament. A voyage to India was not an experience to be faced by the faint hearted. The East India Company had a monopoly until the year 1814, from which time, though it did not finally come to an end until after the Mutiny in 1857, its days were numbered. It had thus no rival to get to market first, and, in consequence, the old bluff bows and lumbering ships of the company had hardly altered in design for the past 200 years. The voyage from London to Calcutta took something like 9 months, an incredibly slow passage. That, however, was typical of the Indiaman, slow and sure safety first might have been their motto. It was the rule on every ship to snug down for the night. However fair the weather, the Indiaman stowed all her royals and light sails every night, and sent the royal yards down. Also, at the slightest sign of threatening weather, most of the sails were taken in, and the rest were single reefed. No attempt was made to beat records. Every thought was for the comfort of the passengers and safety of the ship. And when one reads of what the passengers paid for cabin fare to India, one cannot doubt that they were in complete agreement with this interest in their comfort. The ships usually carried troops going out to or returning from India. The passage money for officers ranged from 95 for a subaltern to 234 for a General. There were also civilians of high

414

382 rank and their families, who expected some consideration for their comfort. Yet, curiously enough, these prices did not include linen and cabin furniture. These had to be provided by each passenger who would thus furnish their tiny cabin as if they were in their own homes. But, perhaps, after nine months at sea, one had begun to feel more at home there than on shore. Needless to say, appointments in this attractive service were very difficult to procure, particularly for very young officers, there being many candidates for every vacancy. But James progressed well, and it is unfortunate that his autobiography consisting of 462 pages of manuscript, to which he several times refers, and which contains an account of his career at sea in those stirring times, should have disappeared. In 1788, when he returned to London in the Belvedere, he had made one voyage to Portugal, one to Madeira and Jamaica, and two to India and China, though, on his own confession, having been hardly five years at sea, he was still far from being a master of his profession. When sixteen years, in addition, to the five years, I had seen, And to Portugal, and Indies, East and West, a sailor I had been, When navigations theory, I knew, not so well as the practice, I went, to scientific Thomas White for astronomy and mathematics: Anno, seventeen hundred and eighty-nine, I went to this good man. To whom, I owe much more than I can tell, by either tongue or pen. Those facts are confirmed by the Marine Records of the Honourable East India Company in the India Office Library from which

415

383 it appears that James went to sea at the age of 14 in 1782. He spent three months in the coasting trade as a seaman and, in that capacity, spent the following nine months on a voyage to Oporto. In 1783 he made his first voyage to India and China in the Contractor. This lasted a year and ten months and was followed by a period in the West India trade. In 1786 he was promoted to 6th Mate and made his second voyage to India and China in the Belvedere. In 1791, perhaps as the result of his studies under the scientific Thomas White, he rose to be 3rd Mate and made his third voyage to India in the Consborne. In 1793, he was Chief Mate of the Queen and in 1796 he purchased jointly with Messrs Caldcleugh and Boyd of London the command of the Walter Boyd and his prospects seemed rosy. In this ship he is recorded as sailing to Calcutta on the 25th April 1796. At this point his elder brother, Edward, who, on the pretext that he had no Lands, had refused to help him by taking a share in the Walter Boyd, met with his unfortunate fatal accident and James succeeded to Ardwall. He was, by all accounts, a rather stupid fellow, and, at this time, had very little idea of the family situation. Incredible as it may seem, he did not realise until shortly before his fathers death, that he was in anything but easy and comfortable circumstances. His ideas are contained in a letter of instructions to his trustees written shortly before he sailed as Captain of the Walter Boyd1070. The seven gentlemen whom he appointed as trustees were, Alexander Gordon of Campbeltown, George Cunningham, of the Customs, Edinburgh,

1070

Ardwall Papers 1018.

416

384 Edward McCulloch of Jeffries Square, Peter Stewart of Bordness, John Thompson of Boreland, James Dell of London, and Edward Boyd of the Crescent, London. I am so far engaged as the Commander of the Ship Walter Boyd now bound out on a voyage to the Cape of Good Hope and Bengal that it would put me to a considerable inconvenience to be prevented by my affairs in Scotland from proceeding on the said voyage. I have therefore solicited and procured the consent of you, my friends, to appoint you to manage my affairs during my absence. I asked such a favour from those whom I considered qualified from their own experience and disposed from their friendship to oblige me in this business. However, I may be convinced that everything by you will be done as much as possible for my advantage at the same time as far as it is in my power from any knowledge I possess of my own affairs and those of the family I think necessary to leave you the following instructions not meaning you to be entirely governed by them but with full liberty in whatever instances you conceive it more for the benefit of the family and myself to depart from them. In the first place it may be necessary for me to premise that from any information I have been able to obtain since my unwished for an unexpected succession to the estate of Ardwall that its annual rental amounts to something near twelve hundred pounds with a prospect of its rising within the space of four or five years to a sum considerably higher. I have also to inform you that in the month of January 1789 I executed a bond as an eventual security to Sir Samuel Hannay Bart, of Mochrum, to John Hannay and Johnston Hannay Esqrs for money advanced on account of my father to the amount of seven thousand and six hundred pounds, that the nature of the deed I am almost totally unacquainted with having at the time I executed it never considered it as likely to effect me and perhaps if the unhappiness I would have felt at seeing my father threatened with the ultimate distress of the law might have induced me to have in this instance acted as I have done. From what information I have been able to gain respecting the above deed I find myself altogether deprived of having anything to say respecting the management of my own property, not sufficient allowance from it to subsist on under the most rigid system of economy and totally deprived of all power to protect a large

417

385 family until such time as the last farthing of the said debt is paid, and what renders the hardship still greater is that the present assignee has not only the total management of my estate but that it falls in case of his demise to his heirs without any of them being accountable to the proprietor for their management. Mr Hannay is the present assignee he is my relation and I have always considered him as my friend. The family will I am assured enjoy comfort while it rests on his mercy but we every day have melancholy instances of the uncertainty of human life, and failing Mr Hannay we know not to whose humanity we may next be consigned. Therefore if I have in my younger years been so weak as to execute a deed so subversive of the welfare of a family and my own happiness I think it a duty I am bound to perform to that family and myself to rescind that deed by fair and by honourable means. Law I should suppose would furnish me with no relief if it did inconsistent with my honour and the reverence I bear for the memory of my deceased father I would take no advantage it might give and from what I have seen of Mr Hannay since the last melancholy incident that befell our family he seems disposed to exercise any power the law may have furnished him with a degree of moderation, indeed from a letter I have received he seems willing to sacrifice as much to relieve one distressed family as he can do consistently With his duty to another to which he is more nearly related. I consider myself far from possessing wisdom enough to devise any plan for giving at once satisfaction to Mr Hannay and relief to myself but I will state my own idea of what I think may be done and although it may not be exactly agreed to I hope it will require but little alteration. With these prefatory remarks James embarked on a long series of suggestions for achieving the impossible, namely, dealing adequately, both with his creditors and himself and his family. They did at least shew that as the eldest son, he was fully alive to his duty to his mother and his brothers and sisters. On his return to England in 1798, James, partly owing to bad health, and partly to his succession to the estate, retired from the

418

386 service of the East India Company and settled at Ardwall. It was an obviously foolish decision and James himself often regretted it. Herons Tour1071, gives a good account of the Galloway of this period to which James thus returned. I shall add a few other particulars concerning the general character and circumstances of the inhabitants of Kirkcudbrightshire. Potatoes have become almost the chief article of food with the common people. The use of tea is very generally adopted among the farmers. Except an individual or two in every little village they are little addicted to the drinking of intoxicating liquors. It is but late that the use of whisky has been introduced through the country. Rum and brandy have been less drunk since the Galloway smugglers have been vigorously checked by the exertions of the Commissioners of Excise. The time was when the farmers meeting at a market town or clachan, would sit together for days tippling penny ale. But punch is now the beverage upon such occasions and the sitting is never prolonged for so considerable a time. The clothes worn by the farmers and peasantry are still chiefly of their domestic manufacture. Yet every young man has commonly a coat of English cloth; and Irish linen is procured in exchange for old clothes. The young women are no longer satisfied with their stuff and drugget gowns and blue cloth cloaks. Every servant maid has her cotton gown, her silk cloak and a smart hat or bonnet. Hats are universally worn by the men; bonnets, although of the manufacture of Kilmarnock in the next county, have been laid aside. The furniture of the houses is not inconvenient. The beds are stuffed with chaff or feathers. Three footed stools have given place to chairs.

1071

Heron's Tour, vol 11, page 229.

419

387 The tables, presses and chests are all decent and commodious enough. The spoons are horn. Plates of earthenware, with knives and forks are generally used. Forty years ago a candle extinguisher might have been mistaken by any farmers wife in the country for a dram glass. But the uses of this and such other little articles of accommodation are now universally known. The houses are now generally built with chimnies: not with a hole called a lumm in the middle of the roof, answering to hearth in the midst of the floor. Every one is taught reading, writing, and a little arithmetic: whereas, eighty or ninety years ago it was thought enough to teach the eldest son of a family to read and write. Carts have now come into general use, instead of the cars and creels which were the carriages formerly employed. The farm servants in Kirkcudbrightshire do less work than those in Ayrshire and some other counties. They are commonly left idle for the greater part of the winter evenings. No considerable quantities of butter or cheese are made for exportation in Kirkcudbrightshire. From the upper parts of this district, indeed, there is some ewe milk cheese sold into Ayrshire from which it is exported with the cheese made in that county, under the common name of the Dunlop cheese. The butter of Galloway is excellent and might be exported with great advantage. The language spoken in the stewartry abounds in broad vowels and palatine consonants. It seems Saxon strongly dashed with Danish, with comparatively little remainder of the Celtic. Shortly after James return to Ardwall there occurred the incident which led the poet, Thomas Campbell, to compose

420

388 The Beech Trees Petition. James himself recounted the circumstances in a printed circular1072. in the year Eighteen hundred, David Mason, Gardener at Ardwall, complained to the proprietor, Mr McCulloch, that through the shade of this Tree the surrounding garden ground was very much overshadowed, and begged of him to cut it down; leave was accordingly given. A few days later the ladies of Sir William Richardsons Family, who then resided at Ardwall, with their governess were walking in the garden, and while Mr McCulloch was acting as guide to these Ladies they expressed their admiration of the beauteous Tree. He explained that his gardener had found in it a subject for complaint, and after trial, sentence of death had been passed on it. The ladies begged for a reprieve. By such fair and powerful advocates it was in the nature of events recommended to mercy. A respite was the immediate consequence. The gardener was persuaded of his error. The Beechen Tree received at last a lease of its plot of land in the park. Soon another form of entreaty reached Mr McCulloch. Among the party in the garden was a young lady governess to Mrs Maxwell, and sister to the author of The Pleasures of Hope, and as she too was an admirer of nature, she immediately wrote to her brother, related what was intended, and implored him to write a poem interceding in favour of the Beechen Tree. Although the Tree cannot be so lasting as the fame of him who composed its poetic, pathetic, and beautiful prayer, nevertheless the present owner fervently solicits his successors to let their tenderness and taste be marked by giving a life-rent lease to this magnificent plant, or to 'spare this little spot until the ruthless hand of time, which spareth not either man or things, may terminate the existence of The Beechen Tree. A copy of the poem, transcribed by the author, is among the Ardwall papers1073.

1072 1073

Ardwall Papers 1026. Ardwall Papers 1024.

421

389 Oh leave this barren spot to me Spare, woodman, spare the beechen tree Though shrub or floweret never grow My wan unwarming shade below, Nor fruits of Autumn blossom-born My green and glossy leaves adorn Nor murmuring tribes from me derive The ambrosial treasures of the hive Yet leave this little spot to me, Spare, woodman, spare the beechen tree. Thrice twenty summers I have stood In bloomless, fruitless solitude Since childhood in my rustling bower First spent its sweet and sportive hour Since youthful lovers in my shade Their vows of truth and rapture made And on my trunks surviving frame Carvd many a long forgotten name Oh by the vows of gentle sound First breathd upon this sacred ground By all that Love has whisperd here Or Beauty heard with ravishd ear As Loves own altar honour me, Spare, woodman, spare the beechen tree. It may be added that the Beechen Tree survived for upwards of another century and was blown down by a severe gale in November 1909. James McCulloch married at Strathblane on 19 September 1803, Christian, daughter of the late Walter Robison of Leddriegreen. The latter belonged to an old Strathblane family, who were tenants in Ballewan early in the 17th century, and lairds of Craigallian and Ballochalary from 1632 to 1696. Like many others of the small lairds and farmers in the parish, and, unlike the indolent and spiritless highland crofters, whose miserable condition would have been theirs had they preferred to remain at home, and divide and subdivide their small holdings, the Robisons left Strathblane and pushed their fortunes abroad. By 1776, Walter Robison, who had made money in Jamaica, was enabled

422

Christian Robison wife of James Murray McCulloch of Ardwell

Penelope McCulloch youngest daughter of James Murray McCulloch of Ardwell

423

390 to return to the old parish and buy Leddriegreen. He married Agnes, daughter of Hugh Lyle by Christian Selkrig, his second wife. Besides his daughter, Christian, he had two sons, Robert, his successor, and James, who died childless. Agnes Lyle died on 20 February 1818 1074. Robert Robison, who succeeded to Leddriegreen, was a writer in Glasgow. He married Rachel Hay Clarke and had two sons and a daughter, Walter, who died young, James, who succeeded, and Agnes, who died unmarried. Robert Robison died in 1808 aged 32. James Robison of Leddriegreen was an advocate and, for many years, one of the Sheriffs Substitute for Ayrshire. He was a man of good intellect and fine literary tastes but withal of such a retiring disposition that it was only those who knew him very well who could appreciate him thoroughly. He died on 26 November 1876, unmarried, and was succeeded in Leddriegreen by Walter McCulloch of Ardwall, his eldest surviving cousin1075. From Walter McCulloch the property passed to his niece, Mrs Jameson , who made it over to her second son, John Gordon Jameson, by whom it was sold. That James McCullochs finances had not yet reached their desperate condition of later years, is evident from the fact that he was able to spend nearly 300 on furnishings and fittings for Ardwall in honour of his bride1076, with whom he had a long married life of nearly 50 years, only terminated by the death of Christian Robison on 19 March 1853.

Ardwall Papers 1560. Parish of Strathblane: Guthrie Smith. 1076 Ardwall Papers 1032.
1074 1075

424

391 About this time the Hannay affair was disposed of and James at last obtained control over his own estates. Some part of their loan had been repaid when James discovered that he had actually been a few months under age when he gave his assent to it, and that, therefore, he had at least a good claim to repudiate his liability. It seems strange that he should not have known the date of his own birth but the parish records at the time were not kept and he was only able to establish the exact date by inquiry among the old people in the neighbourhood. There were, however, other factors: the three brothers Hannay were all now dead and the losers by James repudiation would be his own nieces, the two orphan daughters of Johnston Hannay and James favourite sister, Penelope. The matter came into court but was eventually settled by James paying 3000 to Johnston Hannays trustees1077. Like his father before him, James was soon in dispute with the Stewartry road trustees. The latter, having found the parish roads in the western part of the parish of Borgue to be not only in a wretched state of repair but most injudiciously directed and totally inadequate to the accomodation of the public, decided to make a number of new roads. The effect of building these new roads would have been most prejudicial to two farms belonging to James, Markyards and Langdykeside, and he accordingly lodged a formal petition against the proposal. This was at least partially successful for only one of the four new roads appears to have been actually made, that which now runs through Mains of Plunton to Kirkandrews1078.

1077 1078

Ardwall Papers 745. W. S. Session Papers 1803.

425

392 In 1807 James was commissioned a Deputy Lieutenant for the Stewartry by Thomas, Earl of Selkirk1079 and in 1814, was appointed by the Commissioners of Supply to be the convener of a committee to examine, with representatives of other counties, the interesting proposal that the University of St. Andrews should be removed to Dumfries or its neighbourhood1080. An entry in his diary records his attendance in June 1828 at a meeting of the Justices of the Peace in Gatehouse for the purpose of repressing riots among some Irish labourers. Meantime James financial affairs had seriously declined. It is not clear from where he raised the money to settle with the Hannays but it must have been by means of a loan. He then proceeded, on his own admission, to spend about 8000 on improvements to the estate. These improvements may well have been very necessary: according to his statement, when he succeeded 1 the tenants houses were wretched hovels and an extensive estate of 3500 Scotch acres was unfenced and generally without draining. None the less, for a person in his position, with no capital resources, and a growing family, it was, to say the least, dubious policy, to borrow 8000 at 16%, which was the exorbitant rate he had to pay, for a loan with no proper security, in order to secure an increased rental of some 1000. James had other burdens to meet, his mothers annuity, and the support of his sisters and younger brother, John, not to mention John, the illegitimate son of his brother, Edward. Like his fathers, too, his family was too large for his means, and, though they lived with the

1079 1080

Ardwall Papers 1037. Ardwall Papers 1044.

426

393 greatest frugality, and the total family expenditure never exceeded, or even reached 800 per year, James found by 1815 that he could no longer afford the life of a country gentleman, and was compelled to seek some remunerative employment. The family therefore moved into Edinburgh in that year and in October James was living at 13 Frederick Street: the following March the family was at 26 Charlotte Square, and in February 1817 at 2 Melville Street. In May they moved to 5 Shandwick Place, which James appears to have rented for two years as he only bought the house in 18191081. The family remained there till their return to Ardwall in 1828. The west end of Edinburgh was then very different to what it is now. Lord Morays lands north of Charlotte Square were still unbuilt upon and were still ancient pasture lands dropping down to the thickets along the Water of Leith. James, almost from his doorstep, could look north to the Firth of Forth and the highland hills over meadows as rustic as Galloway. Before moving to Edinburgh, James took the precaution of consulting his friend and law agent, Vans Hathorn, W.S., as to the expense of residence there, and received the following reply1082, I had the pleasure of yours of the 2nd and would be happy to give you any information in my power on the important subject you mention, and yet I fear I am not very equal to it. There is a vast difference between our situations. I began housekeeping as a younger son, and a man of business, with little to do upon, so while prudence and even necessity, made me restricted in my expenses, no more was expected of me. Also as a man of business, I had

1081 1082

Ardwall Papers 1055. Ardwall Papers 1041.

427

394 not time to see much company, and, as a bachelor, had fewer mouths either above or below stairs. In all these respects, your situation is quite different. Yet in so far as I can form any opinion from my own experience, I think you may live very comfortably here, even within the aggregate annual sum you mention. I am sensible that my own expenses have increased much more from the rise in prices of every article of life, than from alteration in my style of living, tho that I have gradually extended so far too, I admit. And therefore your establishment both above and below being so much more numerous, your expenses must be proportionally increased. As to the stile of living, that depends upon oneself. You can limit the frequency much better in town than in the country. As to particulars, house rents are very high in the new town. I conclude you propose to take a house unfurnished and either bring in your family or bring furniture here, for a furnished house all the year round would be a very great expense. Such a house as you will require, unfurnished, in the new town, will cost you, with taxes, a good deal above 200 per annum. I think for that and taxes on your man servant and carriage, you may put 250. The expenses of education to your children must increase every year. But it will be some time before the young ladies will require you to be giving large parties on their account. One article of expense is considerably lessened in quantity, I mean wines, tho the prices have of late been so high as to go beyond the difference in quantity. But it is to be hoped the prices will fall, and at any rate that article is not so much increased by a numerous young family as the market bills are. Upon the whole, however, looking round me, a vast proportion of those in our own rank in society, with families, have not near so much as the amount you propose, and yet are persons of prudence, who I am persuaded would not live beyond their means. As for myself, I never could afford it and never did spend so much in the year. But as I said at first my family establishment always has been and now is much smaller than yours. I do not at all take into my calculations the hazard of either Mrs McCulloch or you being led into temptation and extra expense, either within or without doors, because I am convinced you have both too much good sense and regard for your rising family to be so imprudent and it is the want of that prudence that runs most people aground. I had a call from our mutual friend Mr George Cunningham yesterday and find our sentiments very much coincide. And he has had the experience on a larger scale than me.

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395 The nature of James McCullochs employment when he first went to Edinburgh is not known. Later, however, he obtained a position with the Canal Company which was established by Act of Parliament in 1817 for the purpose of cutting a canal from Edinburgh to the Forth and Clyde Canal at a point about 4 miles from the junction of the latter with the sea. The canal was completed in 1822 1083. In that year James became Clerk, or Secretary to the company on the death of Mr. George Moncrieff1084. In the meantime Ardwall had been let, the tenant for part of the time being John Birtwhistle who had come from Craven in Yorkshire to set up a manufactory in Gatehouse, and whose name is commemorated to this day in the name of one of its streets 1085. In consequence, James family spent at least some of their holidays at Lochside, one of the farms on the Hills estate1086. Notwithstanding these efforts, James financial position grew worse and he was compelled to adopt the most ruinous methods of borrowing to stave off the increasingly clamorous demands of his creditors. Owing to the estate being entailed he was of course unable to realise it. This was a matter of which he frequently complained and in 1828 he actually went to London to give evidence before a Committee of the House of Commons which was considering Scottish entails1087. Later in the same year he was compelled to take refuge for two months in the north of England.

Old and New Edinburgh: Grant II 215. Ardwall Papers 1813. 1085 Ardwall Papers 1061. 1249. 1086 Ardwall Papers 1063-64. 1087 Ardwall Papers 1818.
1083 1084

429

396. The crisis came in 1830. James tried to make a composition but failed, and, being in danger of imprisonment for debt, was compelled to take advantage of the law of cessio bonorum, a legal device contrived to mitigate the then extremely harsh treatment of debtors. This involved his being lodged for a month in the Canongate Gaol in Edinburgh and the sale of all his personal effects for the benefit of his creditors. These included, among other things, all the furniture, plate, and wines at Ardwall and an attempt was even made to cut down and sell the very trees in the Ardwall policies. James diary gives some details of his visit to the Canongate Gaol:1830, Nov. 5. Mostly in the house making arrangemcnts for my confinement. Nov. 6, Went to inspect the apartments in the Canongate Jail where I am destined to be an inhabitant. I gave orders for an apartment to be cleaned out and intended to lodge there this night but it was determined I should not go there till Monday. Nov. 8. Prepared matters for going to the Canongate Jail and went there and was incarcerated at a quarter past eight oclock. My son, James, accompanied me. Everyone here civil and found accommodation fully as good as I expected. Nov. 9. Employed in rendering my dismal condition as comfortable as I can make it and under Gods blessing in good health and becoming reconciled to the distress inflicted on me. Dec. 9. Today I left jail this evening. During his imprisonment he was visited almost every day by his son James and on most days by his son Walter too. It was altogether a passably comfortable way of doing a month in gaol!. But for the action of some relatives and friends, James and his family would have been left utterly destitute, and, he believed they

430

397 'would have perished of perfect want. His son, Walter, from his own slender resources, bought in 40 worth of the more essential items of furniture1088 and his friend, Mr Nairne, W.S., some 250 worth. Others who came to the rescue were his brother, Robert McCulloch, Charles Selkrig, presumably a relation of his wife, and Sir Walter Scott. Even his daughter, Agnes, did what she could, and pledged her modest interest on her father's behalf1089. A trustee was appointed on behalf of the creditors to manage the estates, and arrangements were made whereby a small annual allowance should be paid to James, but this was never paid, thanks, as James said, to incompetent management and the rapacity of lawyers. Of the latter he had hard words to say, 'I am well aware that it is very usual for Edinburgh men of business who live in palaces and fare more sumptuously than even their ducal clients, to ridicule and deride the extravagance, mismanagement, and folly of country gentlemen. I candidly confess that country gentlemen are prone to commit many acts of folly: one of these might be said so needlessly and frequently to put themselves in the hands of Edinburgh men of business'. Of the failings of William Gordon, a writer in Dumfries, who was factor appointed by his trustees, James had much to say, and it added gall to his situation that this gentleman entirely ignored all his remonstrances and offers of help and advice. Eventually his two elder sons, David and Walter, on the security of their own contingent interests in the estate, succeeded in procuring a small annuity for their father, which should be secure, not only from his

1088 1089

Ardwall Papers 1082-83. Ardwall Papers 1087.

431

398 creditors, but from himself. Walter was the prime mover in this arrangement, and, indeed, had some difficulty in persuading his brother, David, to agree to it. David, as the elder son, had the example of his own father and uncle before him and complained1090, I frankly confess I dont at all see how they are to continue living on at Ardwall in the style and manner in which they have been doing hitherto if they dont see an absolute necessity of at once and altogether altering their views. They must have resources and means of which I am totally unacquainted with. You say I have judged rather severely of the state of the matters there. I don't see how I could judge or rather take too bad a view of how matters stood when I was written to that they were absolutely starving. If it is meant that they could not live on 250 or 300 a year in a cheap place such as the Isle of Man, or Guernsey, I have only to say that it is what many many families are compelled to do, and families every bit as good as they are; however where the funds are to come from to enable them to live on at Ardwall with 5 servants, perhaps horses, carriages etc., I can form no conception of. They in fact just have been living in the same manner as if my fathers affairs were in a most prosperous condition. However the truth is they dont see the least occasion to live within their income whatever it is, but only choose to live on as they have been accustomed to do, as long as they can, from what resources they neither know nor care. One thing nevertheless is certain, they cannot be allowed to wait, nor will they as long as I have anything to give, but as to becoming a party to having anything to do with the affairs at present, with any of the parties connected with them, or who have been so, I you may depend upon it will not. There was some justice in Davids complaint, for, incredible as it may appear, when his creditors were clamouring at his very door, James still had six servants1091. But, in the end, Walter, in a most moving appeal, succeeded in convincing David of the error of his views, and he agreed to the proposal. Walter, who knew his father, arranged

1090 1091

Ardwall Papers 1190. Ardwall Papers 1077.

432

399 that the annuity should be paid not to the latter but to his mother. It was an arrangement which drew a volley of protest from James and some most unjust and ungrateful comments on the conduct of his sons. James, who was now well over 60, was thus left to spend his declining years peacefully at Ardwall. His estates were under trust, his annuity was safe from his own folly, and his sons were now making their own way in the world and could no doubt afford their poor old father some little comfort or assistance from time to time. He lived the quiet life of a country gentleman and on occasion followed the pack of foxhounds belonging to Mr Murray of Cally. With the help of some of the tenants in pity of their broken down landlord, he farmed part of Ardwall, and devoted much of his leisure to his writings, much of it on the subject of his own troubles, from which the greater part of the foregoing facts are drawn. He also had a poetic bent and published a volume of verse entitled The Rivers of Galloway. Some quotations from this have already been given and it will no doubt be agreed that James was no great poet. The two opening lines of the summary of his description of the rivers of the Stewartry are a sample of his style, which is not dissimilar to that of the great McGonagall! To describe the Stewartry, we, after a hard strive Have consumed in lines twelve hundred and twenty five Sometimes, however, he touches on something of a truth, To one rule on this point, we generally would stick, It is, that soft modern names, should yield to the celtic; For one example, the Grenoch is better than Woodhall, But to own, Laurieston is better than Clauchen-pluck, we shall Still, our Celtic names suit best, for old places,

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400 Danevale, Stibly, and Walton Park; really, do not grace us. But of all towns, or places, that, without taste are namd, Gatehouse, really is the one, o which, we should be shamd; Nay, those who would, so lovely a village, have calld Gatehouse, Would just as soon have called, the bird o paradise a l...e. It is of some interest to repeat his impressions of the poet, Robert Burns, with whom he was acquainted in his early days, Then of study and society, I partook by turns, Then, neer to be forgotten, acquainted I became Wi Burns; When, by Natures fire, the great poet was created, When, Apollo, Burns, wi his muse, high on Parnassus seated; These were, our vernacular bards blooming days, When, his well-raised brow, and keen black eyes first gracd the bays: When his fancy was, by poesys bright spark first fired, And when a world, wi Caledonia, her bard admired: Indeed, when Burns I knew, it was about the time, His genius, his mind, and frame were in their prime; And I am proud, to have it in my power, To tell; that wi Scotias bard, Ive spent the social hour! When the table transported was, by his story, wit, or banter, For in party joyous, Robin, was his own Tam oShanter; Verily, our transcendent poet, was the very man, Who his hero did resemble, in more ways than one: Ill it me becomes, to scan the poets or the sages, Hence, hie, and turn to Curries biographic pages, There to read, wi' truth, and candour, and pathos you can, The mournful narrative, of a mighty genius, and frail-fated man. A reprint of these verses was sold in aid of the fund for the erection of the monument to Samuel Rutherford, the foundation stone of which was laid on 28 April 1842 at a ceremony which James attended.

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401 With Sir Walter Scott, too, James was on friendly terms and they visited each other on several occasions. Of a visit to Abbotsford in 1834 James recorded in his diary:I first met Peter who was coachman to the late Sir Walter Scott for 28 years. Mrs Bill Anderson shewed me through the house: everything was in its place as I had seen it when there in 31. I was deeply and tenderly affected in the course of this melancholy visit, particularly so when I sat down in the chair in the study in which Sir Walter was wont to sit when he wrote so many of his celebrated works which instructed and enlightened mankind. I left Abbotsford at half past one p.m. probably never again to cross the threshold of that mansion so celebrated as having been the hospitable residence of the greatest genius and one of the best men that any age or any society produced.' Another literary effort worthy of record was James contribution to Blackwoods Magazine of 1817 on the life of Billy Marshall, the celebrated gipsy king, of whom he wrote, I am one of an old family in the Stewartry of Galloway with whom Billy was intimate for nearly a whole century. He visited regularly twice a year my great grandfather, grandfather, and father, and partook, I daresay, of their hospitality, but he made a graceful and ample return; for during all the days of Billys natural life, which the sequel will shew not to have been few, the washing could have been safely left out all night without anything from a sheet or a tablecloth down to a dishclout being in any danger. During that long period of time there never was a goose, turkey, duck, or hen taken away, but what could have been clearly traced to the fox, the brock, or the foumart; and I have heard an old female domestic of ours declare that she had known Billy Marshall and his gang again and again mend all the kettles, pans, and crackit pigs in the house and make twa or three dozen o horn spoons into the bargain, and never takt a farthing o' the lairds siller. James then described a meeting with Billy Marshall in the year 1789. The gipsy was then 117 years old and lived at the hamlet or

435

402 clachan of Palnure. When the carriage stopped near his dwelling, the old man walked to it and, after being introduced to James McCulloch, admonished him to tak care o my han and dae naething to dishonour the gude stock o folk that I was come o. He added that I was the fourth generation of us he had been acquainted with. Having given silver coins to the old king, the party passed on. Later that night as they passed Palnure, they heard sounds which proved that Billy Marshall was not too old to take a dram. James McCullochs long life came to an end on 2 December 1857 1092 when he was nearly 90. By his wife, Christian Robison, who predeceased him on 19 March 1853, he had the following issue:1. David McCulloch (iii) of Ardwall

David, their eldest son, was born at Ardwall on 27 June 1806. He was thus about 9 when the family moved to Edinburgh. Something of his youth there may be learned from his diary which he kept from 1823 to 18251093. In a note at the end of this diary he stated that he, with his father, and his brother, Walter, came to Edinburgh in September 1815 where they boarded with a Mrs Goldie in Frederick Street until his mother and the rest of the family came to town in November. They lived in Charlotte Square for six months and then moved to Melville Street. They spent the following summer at Portobello. For a short time after arriving in Edinburgh, David went to Mills English School but later went to Carsons first class at the High School. The old High School was at this time still in Infirmary Street

1092 1093

Ardwall Papers 109. Ardwall Papers 1172.

436

403 and only moved to its present site at the foot of the Calton Hill in 1828. The headmaster at this time was James Pillans and of the school, an old pupil wrote1094, Several circumstances...... seemed in my time to distinguish the High School and could not fail to give peculiar character to many of its scholars in after life. For instance, the variety of ranks: for I used to sit between a youth of ducal family and the son of a poor cobbler. Again, the variety of nations : for in our class under Mr Pillans there were boys from Russia, Germany, Switzerland, the United States, Barbadoes, St. Vincents, Demerara, the East Indies, England and Ireland. But what I conceive was the chief characteristic of our school as compared at least with the great English schools, was its semi-domestic, semi-public constitution, and especially our constant intercourse at home with our sisters and other folk of the other sex, these, too, being educated in Edinburgh; and the latitude we had for making excursions in the neighbourhood. In October 1816 David was in Mr Carsons 2nd class and was 11th dux at examination. At the time his diary opens in 1823 he was attending classes, apparently with a view to becoming a lawyer but in March 1825 he went into Messrs Pillans counting house in Leith. Notwithstanding the financial circumstances of the family and the extreme frugality with which they lived, David appears to have spent his time pleasantly enough. His great interest was shooting and, when the season was inappropriate, long walks in the surrounding country. His energy was quite prodigious. He thought nothing, for instance, of walking to Queensferry, crossing the Forth to Inverkeithing and walking to Kirkcaldy to catch a boat for Newhaven, and thence walking home. Or, again, of walking to Haddington, and back through Aberlady, Port Seton

1094

Old and New Edinburgh: Grant II 296.

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404 and Musselburgh: though, on one occasion, having walked from Peebles to Edinburgh, he was compelled to admit that the shine was pretty well out of us all'. Nor did he think much of walking, by a circuitous route through Lanark and Sanquhar, down to Galloway for his summer holiday, a satisfactorily long one from July till mid-October. On this occasion, the family were spending the summer at Loch-side. Here, shooting, generally with his brother, Walter, was his chief occupation. Game cannot have been very numerous for his bags were modest and one of 5 partridges and a hare was exceptionally large. One entry records the killing of a pheasant in Barquhar plantation, the first pheasant, I believe, ever shot in Lochrutton. His shooting was by no means confined to Galloway and there are numerous references to shooting in the country round Edinburgh. Game preservation seems to have been almost unheard of, and shooting was, generally, free for all. Thus he used often to shoot on Corstorphine Hill, where, on one occasion, unfortunately D. Ramsay shot J. Irvings dog, Towsie, among some whins, Gogar, where he mentions having missed some pheasants very stupidly, Craiglockhart, and Musselburgh. Only on one occasion was he turned off, by Lord Roseberrys keepers at Dalmeny. Though shooting was clearly his main interest, his sporting tastes were quite catholic and there were few games or sports at which he did not try his hand. He liked a days fishing and records the catching of two trout in the Almond with the fly, being the first in my life. In winter he often played football at Dalry, though of what

438

405 variety he does not state. This was in the days before William Webb Ellis first picked up the ball and ran: In summer, cricket, usually on Newhaven links. Billiards and rackets are also mentioned but, curiously enough, though he mentions having watched golf, there is no mention of his playing it. Apart from these more strenuous activities, be enjoyed a day at the local races and speaks of some good matches, notably one between Major and Miss Footes Glenlivet and a colt by 'Prime Minister. From time to time, also, he visited the Caledonian Theatre and mentions a representation of the Battle of Waterloo and a performance of As You Like It. On another occasion he records hearing the proceedings against some students for making a row there. Occasionally, too, he would go dancing, and mentions the family holding a piano dance at their house. Finally, there is an account of a carousal in Leith when he and his brother, Walter, dined at Muirs cellars in Constitution Street and they all got very tipsy. Walter lost all recollection at the Toll on the road up, and lost his feet in Picardy Place he came home in a chair from Rose Street. In the summer of 1825 David enjoyed a walking tour of the highlands and records that his whole holiday, which took him to Tam in the north, and Inverary in the west, and involved 550 miles on foot and 150 by water and coach, only cost him 5. 5/-. On 4 September 1825 he recorded, quite casually, I got a little sister last night, rather as if she were one of the pointer pups with which

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406 he occasionally had dealings. This was his sister, Penelope. David left the office of Messrs Pillans at the beginning of 1826 on which occasion they were good enough to send the following testimonial to his father1095, We cannot allow your son to leave our counting house without expressing our warmest approbation of his conduct while he has been with us. His strict attention to his duties, his readiness to do everything that was required of him, and his uniform zeal for our interest, combined with his excellent abilities, rendered him a most useful and able assistant to us and would make us regret parting with him did we not know that by his leaving us his own advantage will be promoted. It will at all times make us most happy to hear of his welfare and wishing him every success in what he may undertake, We remain, Dear Sir, Your faithful servants. After an enjoyable trip by sea from Leith to London1096 David arrived in April 1826 and stayed with his uncle, Robert McCulloch. His impressions of London he described to his mother1097, I then walked with my bag carrying it myself, quite a common thing here, to the Pewter Platter in Gracechurch Street, finding the way myself quite easily, and got into a Kennington coach which landed me at my uncles. My trunk came out at night in a carrier's cart. I did not find him in so I took a walk out to Wandsworth about 4 miles out, villas and streets all the way. I went through Clapham Common. My uncle is rather in bad health. As for the confusion of London, I would undertake with a map and nothing else to do in a fortnight to know most of it. The place my uncles live in is a great thoroughfare for Cits going out to their villas. Tell Walter he can have no conception of it. He knows Carnegies fine gig horse there is I daresay more than 500 pass my uncles every day, stage coaches innumerable, with beautiful horses in them. I can compare it to nothing he will

Ardwall Papers 1173. Ardwall Papers 1174. 1097 Ardwall Papers 1174.
1095 1096

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407 understand so well as going to the Musselburgh Races and every one driving at full speed, I suppose at 13 or 14 miles an hour, every one of them. But London was to be a disappointment and Davids long letters home1098 shew his increasing low spirits at his continued failure to find employment. He refused to curry favour with influential people, to be cringing after this one and that, and regretted that his wish to enter the army or navy had not been gratified. Eventually, after seven months of this very distasteful life, he obtained a post with Messrs Barber & Neate, brokers. In 1829 David sailed for India and is next heard of in 1832 when, as purser of the Honourable East India Company's Ship MacQueen, he borrowed 1000 from his cousin, Alexander Gordon, a solicitor in London and a member of the Campbeltown family, for purposes of professional advancement1099. It was at this time, too, that, as already mentioned, he was in correspondence with his brother, Walter, as to an annuity for their father. It is suspected that for a few years David was actually in the employment of the East India Company and it was this employment, perhaps, which led him to find a suitable opening in Bombay, where he arrived in 1834. Of his business career there some details are mentioned in his obituary notice in the Bombay Gazette. In 1837 he joined the house of Messrs Ritchie, Stewart & Co. with whom he remained until he established his own house in 1847. He also took a leading part in the establishment, and was thereafter chairman during its early troublous

1098 1099

Ardwall Papers 1174-84. Ardwall Papers 1185.

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408 years, of the Commercial Bank. He was evidently very successful. Speaking of the Rev. Dr. J. Wilson in A Book of Bombay1100 the author says, One of his fastest friends and one for whom he also entertained the greatest respect, was David McCulloch. He was very charitable and, among other benefactions, gave Rs. 30,000 to the building fund of the Free Church. Being a bachelor and a man of means, he had much money to dispose of in this way, and the will to do it. He lived what seems a gloomy and solitary life. He kept geese and canary birds, and was careless about his dress, and to his other eccentricities added the harmless one of taking one long walk in the year. The place was Tanna and back, and the day he chose for this was New Years Day, the coolest time of our Bombay season. It was on one of these excursions that Dr and Mrs Wilson met David in Tanna and while there, he accompanied them to a silk manufactory, for which, in mediaeval times, Tanna was so famous. While there, Mrs Wilson gently reminded Mr McCulloch, on looking over the silks, that he might profit by his opportunity and invest in a silk dress, which he could present to the lady highest in his estimation. David yielded, consented also to give up the latter half of his walk, and to accompany them in their carriage to Bombay. They saw nothing of David for several weeks, but, one evening, on coming in from their drive, they observed a bulky parcel on the lobby table. It was addressed to Mrs Wilson, with D. McCullochs best compliments. On another occasion the Doctor met David coming through the Bombay Green, carrying with him a small spade and a dead canary bird

1100

Ardwall Papers 1196.

442

409 in a paper bag. In answer to the Doctors inquiry as to where he was going, he told him he was going to dig a grave and bury his pet bird. Dr Wilson must have smiled an incredulous smile, as David quickly added, May be that wee bird will be the first to welcome me into Paradise. On the death of his father and succession to Ardwall, David immediately got into communication with his brother, Walter, as to its future management and was in the midst of preparations for his retirement from India and return home, when he was suddenly taken ill and died on 20 September 1858. He was buried in the Scottish Cemetery in Bombay. He left an estate of over Rs. 155,0001101 including a plantation named Moolgane Kelle in the Central Province of Ceylon, which extended to 1374 acres. By his will made in 1844 he appointed his cousin, William Gordon, a solicitor in London, son of Alexander Gordon, to be his executor, bequeathed a number of legacies to friends and relatives, and directed that the residue should be equally divided between his three sisters, Agnes, who predeceased him, Janet, and Penelope, and the six daughters of John McCulloch of Barholm, with a double share to the latters daughter, Isabella McCulloch, afterwards Mrs Grant 1102. By one legacy he directed the life interest of 25,000 Rupees (then approximately 2500) to be held for Annette Emma Bracken and her daughters, on the death of the last of whom, the capital to be paid to the proprietor of the Ardwall Estate. Annette Bracken was the daughter of Captain John Bracken, 29th Bengal Native Infantry, and his first wife, Louise, and

1101 1102

Ardwall Papers 1796 Ardwall Papers 1795.

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410 grand-daughter of Sir Herbert Compton, Chief Justice of the Supreme Court of Bombay. She married on 6th June 1864 an Italian art painter, Signor Cavaliero Giuseppe Frascheri, who died on 7th July 1886. She herself survived till 20th January 1898 and left two daughters, Enrica, the younger, who was born in 1871 at Florence and died, a spinster in 1939, and Antonia Luigia Margherita Enrichetta, who was born in 1864 at Rapallo and married on 4th May 1916 Baron Chiodo of Valdi Celia, though, strangely enough, their two children, Paola, who married Signor Levi, and Riccardo, Baron Chiodo, were born in 1905 and 1908 respectively. As is not unusual in the case of annuitants the Baroness Chiodo lived to the ripe old age of 93 and died in 1957. It has thus taken almost exactly a century for the present writer as proprietor of the Ardwall Estate to benefit from the kindly thought of his great grand uncle! It is only unfortunate that, thanks to the combined operation of Inflation and the Trustee Act, the value of the gift is sadly reduced to perhaps one tenth of the originals! 2. Walter McCulloch of Ardwall.

Walter McCulloch was born on 21 November 1807 and was 8 years old when he came to Edinburgh. With his elder brother he went to the High School and, thereafter, the University of Edinburgh, and, being intended for the law, was in 1823 for a short time in the office of Robert Gordon, writer in Kirkcudbright. The same year he was apprenticed to John Gibson junior, an eminent member of the Society of Writers to the Signet in Edinburgh. Gibson was the agent of Sir Walter Scott and acted as the trustee for his creditors after his failure in 1826,

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THE INN AT BROXBURN about 1840

Left to right: Professor Lizars, Surgeon: Sir A. Gibson Maitland of Clifton Hall: Mr. John Wood: Lord George Bentick (near side of table): Mr. W.R. Ramsay of Barnton: Mr. John Tod: Mr. Walter McCulloch W.S.: Mr. Walter Sharpe of Hoddam: Mr. Inglis of Torsonce: Mr. George Dunlop: Capt. Hon. J. Sandilands.

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411 so that young Walter must have been a very close spectator of that calamity 1103. He passed as a Writer to the Signet on 11 March 1830 and his father took the advice of the kindly Sir Walter as to his future. Sir Walter was kind enough to reply at considerable length in a letter of 21 January of that year1104, My dear Sir, I need not say that your letter gave me great pain. I had hopes that your affairs might have been made easy by your retirement into the country and am truly grieved that such has not been the case. I enquired at Mr Gibson about your son Walter and am happy to receive a most excellent character of young Walter. If there should occur an opportunity of serving him with propriety I would be most happy to lend any assistance in my power. But the prospect of this is greatly more uncertain than I could wish. The Clerks of Session have to be sure, some patronage, but it is doubly and trebly blocked up by claimants and we have agreed that in the general case these young men who are educated in the offices should receive preferment as it occurs. Our patronage being executed as a body and not individually, we are thus secure of a principle which we may all agree upon, whereas should each bring forward a young man of his own connexions, there would be a constant splitting of votes and interests which would make our situation very uncomfortable. Now I could hardly advise that your son should leave his present situation, where he is at present well qualified for acquiring his profession, in order to get into another and less respectable line of the profession for the precarious chance of what I may be able to do for him about the Register Office, especially considering that at my age any opportunities of being useful may be soon cut off. The only situation which I may have in my disposal is that of my own Clerk Keeper or Clerks Assistant, but, besides that the person who enjoys the situation will probably outlive me, nor do I know what or how many may be found in them from services in the office. The duties of the office are of an unpleasant nature and require much personal attention on the Clerk, who is at the head

1103 1104

Hist. W. S. Society. Ardwall Papers 1070.

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412 of the establishment, and must in so far contain an unpleasant state of dependence. The situation of Depute Clerks, as these open, are filled up by the Principal Clerks, but we engaged to each other to fill them up out of those who have behaved well in subordinate situations, so that, to have a chance of the situation, it would be necessary for Walter to take a subordinate situation here for ten or twenty years in order to form a claim for this better situation. The worst is that each office is almost choked at present with young men desirous to get forward and content with little in the meanwhile so that they may have some little view to the future. In this sort of struggle, I would be most distressed to see your son engaged, as it would make your son worse in the first place, without any assurance that it would benefit him in the end. My own opinion would be that Walter should keep forward in his present situation. He has, in the meantime, subsistence, and the opportunity of acquiring knowledge. As for my general interest, to which Mr W. McCulloch may naturally think of, when he supposes me capable of providing him with a good office in the Court of Session, he is not aware how many friends, and with them, how much useful patronage, every man loses when he comes to be fifty years old, especially one who by accident or choice, is withdrawing from general society. I am so far from having anything to say in that way, that in last year only, that, on giving away a post worth 300, which could only be held by a Clerk of Session, my just claim was set aside in favour of my youngest brother in office, so you may suppose I will not be apt to trouble them with requests. I need not beg you to understand distinctly that I am heartily well disposed to advance Walters interest so far as in my power, but only to explain the difficulties which attend one in endeavouring to befriend him and avoid encouraging hopes which it may not be in my power to realise. I beg my best remembrances to Mrs McCulloch, and remain, Ever affectionately and sincerely, Yours, Walter Scott'. Sir Walters advice was followed and, for some time thereafter, Walter lived in Edinburgh combining successfully as no man ever did

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FAMILY AUTOGRAPHS - X

David McCulloch (iii) of Ardwall.

Walter McCulloch of Ardwall.

448

413 before or since, the work of a well employed and able Writer to the Signet, with the amusements of a keen and active horse racer and sportsman. He was, in fact, one of the most prominent sportsmen in Scotland between 1830 and 1845. One of his intimate friends was Mr Ramsay of Barnton, of whose stud he for some time took charge, riding in and out from Gullane, where the horses were kept, every day. Among the events of those days was his purchase of the racer Lanercost at what was then thought the extravagant price of 1500, which he sold a few years later for 3000. Another friend was that celebrated sportsman and athlete, hero of several legendary feats, such as walking 1000 miles in 1000 hours Robert Barclay Allardyce of Ury. A letter from him to Walter McCulloch, dated 1 May 1843, is among the Ardwall papers1105. It is typical of the venturesome spirit of these old sportsmen. I have a strong desire to take the odds about Mostyns Genrl. Pollock winning the Derby to the losing of an 100. Mostyn is an old friend of mine. I should feel much obliged if you will write some of your correspondents in London, who attend Tattersals, to do so for me, as I am out of the way myself. I see the odds at present are 40 to 1, but I would take some points less. In all athletic exercises, Walter McCulloch was distinguished. He was considered the best middle weight boxer in Scotland in the uneducated days when pugilism was reckoned one of the noblest arts of man: and, as a pedestrian, few men in Scotland, if any, could beat him. He frequently walked from Edinburgh to Dumfries, about 90 miles, sometimes in one day. On one occasion he was accompanied by two young

1105

Ardwall Papers 1227.

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414 setters which got so fagged by the journey that for the last five miles he had to carry one under each arm. It is somewhat surprising that, with all these outside interests, Walter was able to carry on a legal practice at all, but it is evident from his Letter Book, so far as fading and smudging will allow, that he did. He started this book in February 1832, when he was about to set up on his own, and covered the period to June 1835. He had been for a year or two with Messrs Tod & Hill but proposed to leave them as soon as he had his hands cleared of some business of which he had been taking charge for them. His office was at first at 39 George Street but he moved later to No. 159 of the same street. He appears to have employed a clerk John Stoddart. A great deal of his correspondence was concerned with the settlement of his father's complicated financial affairs. He also had a connection in Glasgow through his mothers family, the Robisons; and, of course, in Galloway while he conducted the negotiations for the sale of Deebank, now Argrennan, by his cousin, Alexander Gordon of Campbeltown. Another important client was the Honourable William Gordon, whose estate of Ellon he factored. He also acted in a bankruptcy and did some debt collecting. Writing to a correspondent, John Younger of Haddington, about an action which he had handled on behalf of a farmer named Prier against his landlord, the Marquis of Tweeddale, on 13 December 1833, he said, The business has proved well worth its cost and has given me great gratification. It was the first contested case I have begun and carried to a conclusion yet, and its success is therefore the more gratifying to me.

450

415 A lucrative appointment was that in 1842 to be manager in the winding up of the Southern Bank of Scotland which had been acquired by the Edinburgh and Leith Bank. In 1847, Walter, having completed his management, made a final report in which he brought out a balance in his favour of 3553 which was created by putting to his credit a sum of nearly 5000 in name of commission. This was considered as altogether extravagant and out of the question. It was proposed that 1000 would be a liberal remuneration but he declined to accept this and brought an action in which he was successful both in the outer House of the Court of Session, and, on appeal, to the First Division1106. On the death of his uncle, Alexander McCulloch, in 1843, and his succession to Kirkclaugh, Walter left Edinburgh and settled there. In 1849 he became Steward Clerk of Kirkcudbright and retained the post until 1859. By that time, as the result of the deaths of his father and elder brother, he had succeeded to Ardwall and taken up his residence there. In terms of his uncles settlement, he made over Kirkclaugh to his younger brother, Alexander. When Walter McCulloch succeeded to Ardwall the estate rental was in the region of 1760: the estate was, however, burdened to the very limit permitted by the Entail laws, for estate improvements and younger childrens provisions, the total debt amounting to about 10,0001107. But Walter was fortunate: at this time the agricultural landlord was at his zenith, rents were as high as they are today, burdens were trifling, and taxation almost non-existent. The purchasing power

1106 1107

Scottish Jurist. 1829-1865. 785. Ardwall Papers 1197.

451

416 of money, too, was several times what it is now. Moreover, Walter was now past 50 and had lost the taste for the somewhat expensive amusements of his early days. He was a bachelor and lived quietly at Ardwall, his chief hobbies being the improvement of his estate, the support of liberal politics in the Stewartry, and the breeding of a fine herd of Galloway cattle. He was, indeed, something of a judge of cattle and in 1856, when the Highland and Agricultural Society held their Show in Glasgow, he judged the Polled Angus or Aberdeen cattle along with the great McCombie of Tillyfour, still famous as one of the great improvers of that breed. As a result, he was able within ten years, to pay off every penny of debt on the estate and, eventually, at his death, not only to leave a very competent fortune, but also to pass on the estate to his successor completely unburdened, in which state it fortunately remains to the present time. As it is still only seventy years since the death of Walter McCulloch, there are, of course, many estate records of his time and it is only, perhaps, necessary to mention two important litigations in which he was concerned, both in the years 1873 and 1874. The first was his action with the Dumfries Water Commissioners as to the right of James Smith, his tenant in Lochside farm, to wash sheep in Lochrutton, now already a source of the Dumfries water supply. Walter McCulloch lost the case and it was not the last time on which there has been trouble with the Commissioners, who, on occasion, have attempted to arrogate to themselves highly dictatorial powers1108.

1108

Ardwall Papers 1251-55.

452

417 In the other litigation Walter McCulloch successfully resisted a claim by the Crown to the right of stake net fishing in the sea ex adverso of Ardwall and Ardwall Island1109. Another matter which concerned him was the building of the railway through Galloway in 1859, and in 1864, as a local landowner, he was a party to a contract with the railway company 1110. This document deserves perusal as an example of the proper attitude of a public utility company to the public, so different from the attitude generally adopted today. In the very hot summer of 1875 Walter McCulloch one day got a sunstroke followed by partial paralysis under which he lay for a week not expected to survive. He did, however, and though from that time till his death, seventeen years after, a weak man bodily compared with what he had been, he was in mind and heart as strong and healthy and bright as ever. In February 1892 he had a bad fall: when recovering from it he got a chill followed by bronchitis, and on 25 March he passed peacefully away in his eighty fifth year. 3. Edward McCulloch, who was born on 30 July 1810 and died on 10 July 1816. He was the last of the three small victims in the family who were carried away within three weeks of each other in the summer of 1816 by an epidemic, it is said, of diphtheria. The other two were his sisters, Janet and Christina, and all three are buried in St. Cuthberts Kirkyard in Edinburgh, where a tombstone marks their burying place.

1109 1110

Ardwall Papers 1249-50. Ardwall Papers 1231.

453

James Robison McCulloch, 4th Son of James Murray McCulloch of Ardwall

Alexander McCulloch of Kirkclaugh, 5th Son of James Murray McCulloch of Ardwall

454

418 4. James Robison McCulloch, who was born on 20 June 1812. He was a high spirited youth and, indeed, something of a black sheep: none the less he was evidently a favourite of his father. His two elder brothers, David and Walter, took an unfavourable view of him. In 1832 he came to Edinburgh, presumably to find employment, and Walter reported thus on him to his father, I saw James for a few minutes only. He has never been near our house except once when he called when I was out for a pair of boots he had here. Where he is living I dont know, nor aught else about him. It is certainly difficult to say what line of conduct is best to follow about him: but I rather think you are right in advising that we should shew no anxiety about him but let him alone until be begins to feel the bitter fruits of his behaviour. Since he did leave you I was rather glad to hear he had the energy to walk in. I had not thought he had the perseverance to do anything of the kind. I shall enquire about him and keep my eye upon him; and if he will do it I will lend my assistance in getting him out of this country, if possible to Canada, or some such place, as there is some slight hope that a total separation from all the choice spirits with whom he has associated here, and the reflection (if reflect the poor boy can) that he is in a new world and the last world on this side the grave where it is possible for him to make atonement for his past vices and folly, may induce him to change his habits and yet do well. And, again, a week later, Of Jamie I have heard little since I last wrote. He is living in lodgings in College Street and I have done nothing about him but speak to the Reids and some other of our friends to prevent them lending him money. The following year James was in London and by his brother, Davids report, had certainly not mended his ways1111.

1111

Ardwall Papers 1187.

455

419 I am sorry to inform you that James has gone all wrong here. I will state as shortly as I can what he has been about. I will not write anything home about him as it is no use giving them any additional subject of annoyance..... James had been behaving very well till about ten days ago. He and Alic several times did not come in till nearly 12 oc from seeing some of Alics friends. I told them more than once that I must insist on their being home by 11 oc of an evening. Well, last Wednesday week James went to the theatre with Miss Hyslops, who are up here from Dumfries, I sat up for him till 12, he did not come in, he came in about half past 12. I told him next morning that I could not afford to pay for such amusement for him, that he must on no account remain out beyond 11 oc at night, and that if he did, he should most certainly go back to Scotland by the very next smack. Well, about this very time he meets here some of his old dissipated acquaintances from Edinburgh, a Mr Grant, McMinn, and a Mr Will. Last Saturday night I had to wait up till 1 o'c for him but I believe he came home about 2. I did not see him all Sunday as he was in bed when I went out in the morning, and at breakfast on Monday I told him he must go and take his passage in a smack for Scotland as he could not live any longer in the house I was in, as the Lady and Gentleman we live with could not have their servant kept up in that manner at night, and such irregularity could not be submitted to. Well, on Tuesday night he never came in at all and kept the servant up all night. The lady of the house, of course, spoke to me next morning. I left a note for him telling him to pack up his things when he came home, as I had enquired about a smack and the company would send a van for his things on Thursday forenoon. I suppose he had come in about 12 oc on the Wednesday and when he read my note, packed up his things. Well, coming home on Wednesday about 5, I met him by chance on the street. I saw him before he saw me and was half across the street before he noticed me. He seemed disappointed at having met me, and instinctively retreated about 4 paces when he saw me, but as I had my eye on him, he came up. We walked towards home about mile off. He did not attempt any excuse. You never saw such a blackguard looking personage. He had on on the Tuesday morning when he went out a clean pair of trowsers,

456

420 a new coat I had bought him, and in order to describe him, suppose a person up drinking all Tuesday night, no sleep, and rolled in a road 6 inches deep with dust, and you have his appearance. He was so bad that the people turned round to look at him as we walked along. He told me he would not go to Scotland till he had seen Fergusson, that he had called on him that day but had not seen him. When within about 50 yards of our house he told me he had moved his things away that forenoon. I then told him he should not enter our house again and that he might go where he chose, and I gave him this final determination that if I found he went to call on Mr Fergusson I should certainly write him to put a stop to his doing anything for him, that he must meet me at the Jerusalem tomorrow between 3 and 4 o'c when I would give him his dinner, take him to a smack which sailed that evening, and give him money to take him back from Edinburgh to Ardwall. When I came in on Wednesday evening I wrote him a note and sent it to him to the lodgings he has gone to stating to him if I heard of his going to Mr Fergusson, that I would write him to have nothing to do with him, and also to meet me at the Jerusalem on the following day to dinner, that I would pay his passage down in the smack, since which time I have seen nothing of him, nor has any else I know of. A cab man has been with me this morning. He came to see if I would pay him a fare, but I would have nothing to say to him. He says he will summons me but he has no grounds to do so. His story is he took 2 gentlemen into his cab on Tuesday night very drunk near the Regents Park. They told him first to drive to Paddington and then to Islington, and after having gone there he took them to a watch house, and as they began to knock down the policeman they were put in the cells where unruly people are confined for the night, that he saw my brothers pockets searched by the police and that he had just 1/6 upon him. The cab driver had got the address from what James had given to the police. He has cost me for living, clothes etc. since he came above 30 and I will give myself no further trouble about him. My uncle is down at Canterbury just now but returns on Monday. I think the best thing that can happen to James is his enlisting. Its no use trying to do anything for such a fellow. If I could get him a situation it would only be disgracing himself and us too. I have done with him and dont intend

457

421 taking the least further trouble about him. James went to Jamaica in 18341112 but was at home again in 1839, when, his aunt, Mrs Scott, writing to her daughter Elizabeth Peat on 17 July 1839, said of him and his brother, You need not be uneasy about me. I am well as ever I am in London but am in low spirits having had my two nephews James and Edward to tea with me last night, and they are to be here again tonight, to see them in such an uncomfortable state and such miserable, hopeless prospects, has given me inexpressible pain. What a contrast to the days of my youth and the supposed consequence of our family! To judge too by a letter to him from his father, there was still room for improvement in James conduct, I received your letter.., a terribly slovenly way of writing respecting the certificate....... What you said in your last letter relatively to your expected income, was very agreeable to your mother and all of us: it was equally so as to your having means sufficient for your comfortable support in the meantime: and it all shews that you have really been a great economist........ I have also my duty towards you by noticing your politics. I do not say that you or any one of us are wrong in having new political opinions, but at any rate until we are sure that we can do good by promulgating them we should keep them to ourselves, particularly if your opinions are what you indicated or expressed when among us. I like liberal opinion myself but I thought yours extravagantly so! I thought too much so for a man to be quite sure of being a good subject or one who feared God and honoured the King And James you must now remember that you are a servant of Government, and though there is no occasion for your abandoning liberal opinions, it behoves you not to be noisy, or to say or do what may be troublesome to those who govern us. I know that I am considerably above three score and ten and I never experienced any want of civil liberty.

1112

Ardwall Papers 1822.

458

422 This letter concluded with a number of health hints and was apparently written on the eve of James return to Jamaica in July 1840. James did not survive long and his brief but hectic career came to an end at Kingston on 18 November 1840 when he died of yellow fever. 5. Alexander McCulloch who was born on 15 February, 1814, the date of his birth, like those of his brothers and sisters, being recorded in his fathers family bible. It is interesting in tracing the history of the family to observe in the diverse occupations of the sons of each generation, the development of the British Empire. A century before, when David McCulloch was setting up his sons in a career, there was no Empire and his younger sons, if they did not take to the sea, were virtually limited to the law or shopkeeping. James McCullochs Sons were in a different case. They could select a career almost in what part of the world they wished: and they certainly scattered themselves wide - David to India, James to Jamaica, Edward to Ceylon, and Alexander to China. Alexander sailed for China in the McQueen with his brother, David, in 1832. His brother, Walter, reported the event to his uncle, Robert McCulloch in a letter of 19 February, I see from the papers that the McQueen, containing, I presume, my two worthy brothers sailed last week. Neither of them took the trouble of writing me or informing me of anything about their voyage, which was the more unreasonable considering that Alick had my greatcoat and sundry other articles of my wearing apparel.... and that David besides having my travelling bag, was also something in my debt.

459

423 China at this time offered a splendid opportunity of making a fortune. English merchants as well as those of other European nations had been trading in China for nearly 200 years but relations between them and the Chinese had always been and still remained extremely unsatisfactory. The English merchants were subject to all manner of unjust exactions and vexatious restrictions. It was only the extreme lucrativeness of the trade, in ginger, porcelain and tea especially, that induced them to remain there. There had, of course, been trouble, and various missions had visited the Emperor. But little came of this the Son of Heaven utterly refused to make any concessions to the red barbarians, as all Europeans were known to the Chinese, and it became clear that force was the only means by which the Chinese could be induced to adopt a more reasonable attitude. The Opium War of 1839-40 followed. One of the incidents of this war was the taking of the Bogue Forts of which Alexander was a close observer, and on which he made some notes in his diary1113. As a result of the war most of the merchants grievances were remedied and a further four treaty ports, in addition to the original Canton, were opened to trade. There ensued a period of great prosperity for the merchants in China, of which Alexander McCulloch was able to take full advantage. He was employed by Messrs Turner & Co, merchants of Shanghai. For the greater part of his time in China he kept a journal but, apart from the fact that it is written in a minute and scarcely legible hand, it is an uninteresting document, confined almost entirely to detailed weather reports, arrivals, sailings, and losses of ships, and

1113

Ardwall Papers 1145.

460

424 occasional business notes. From time to time he made trips on business to Hong Kong, Canton, and other places. By 1855 he had made a substantial fortune and had returned to Galloway, where he had bought the farms of Mark, Glen, Whiteside and Calside. In 1857 he succeeded to Kirkclaugh where he settled, and lived for the remainder of his life. He died there on 16 August 1887 leaving his property to his niece, Janet Brown, wife of Edward Cliff, and her son William (see page 206). 6. Robert McCulloch, who was born on 28 November 1818 and died 28 January 1819.

7. Edward McCulloch, who was born on 27 March 1821. He was sent to school at Gatehouse and was boarded with the schoolmaster. One of his fellow pupils was James Faed1114, the celebrated artist, son of James Faed, the tenant of Barlay Farm. Edward went out to Ceylon as a planter and the following extracts from an entertaining letter to his sister, Janet, dated 5 March 1850, tell some thing of his life there1115, Your question anent the missionaries. We have Church of England, Wesleyan, and Roman Catholic. The Church of England seem never to make any christians at all, the Wesleyan a few and very bad, and the Roman Catholics whole herds only one degree removed from heathenism. Whenever I have anything to do with a blackfellow who speaks English and calls himself a christian, I take double care of him. Woodstock (Edwards plantation) is flourishing. I am at present taking care of two places for Dunlop about twenty five miles down. I go there every week for 4 days and here two. Dunlop has taken a trip round the island. I wish he were back again.... A discovery has recently been made about the cocoa nut tree viz. by tapping it for six months in the year it will yield toddy to the extent of a gallon a day which will make one pound of sugar of very good quality

1114 1115

Ardwall Papers 1249. Ardwall Papers 1148.

461

425 and will not injure the tree, indeed quite the contrary, for the production of nuts for the other 6 months. I have seen the sugar made; the newspapers are full of it and some gentlemen are going to begin in earnest here. According to some of their calculations one acre of good land will produce to the extent of 100 per annum for 70 or 80 years. Now supposing this to be true for the fun of the thing, I will be worth in 4 or 5 years 10,000. If it is only one tenth true I will be content. There are some places here of 600 acres, i.e., 42,000 trees, i.e. 42,000 gallons of toddy, which must be boiled into sugar every day. Wont that be a boiling? I think we are destined to give the West India interest the finishing kick. In 1848 his brother, returning to China from leave at home, reported in his journal a meeting with Edward at Galle - I did not know him, of course, a tall strapping chap. When we last met in 1831 he was a little chap with a very lame leg. Edward had returned home by 1858 and lived at Lochanhead, which, it is understood, was built especially for him. He died, a bachelor, on 16 January 1864. 8. Agnes McCulloch, who was the eldest of the family and was born on 6 August 1804. As the eldest, much of the care of her younger sisters fell to her lot and they all remembered with gratitude her goodness and kindness to them. She was, indeed, much given to good works and there is a family tradition that she was accustomed to visit poor people in the humbler quarters of Edinburgh. One of her friends was a certain Mrs Burke. She was visiting this lady one evening when her husband offered to conduct her home: but Mrs Burke, for no apparent reason that Agnes could discern, most positively refused to allow him to do so. So she went home alone. On another occasion Mrs Burke shewed a most marked impatience for Agnes to depart before

462

426 the return home of Mr Burke, Agnes, without asking the reason, or, indeed, noticing anything peculiar in Mrs Burkes conduct, complied with her wishes. Not long afterwards, towards the end of 1828, Edinburgh, and, in fact, the whole country, was shocked by the arrest of Burke and his associate, Hare, and the exposure of their ghastly crimes. For long the medical profession, unable in a legitimate way to procure subjects for dissection, had been in the habit of procuring them, either through the grave raiding activities of their own students, or by purchase from sundry rascals who made the supply of bodies their business. At the beginning of the 19th century, the fame and popularity of the Edinburgh School of Medicine was increasing rapidly. So also, as a necessary consequence, was the need for subjects; and, correspondingly, the difficulty of procuring them. The almost inevitable result was the activities of Burke and Hare, two degraded Irishmen who hit upon the idea of manufacturing their own corpses, which they effected, mainly in their own wretched hovel in the West Port, by a process of rendering the intended victim insensible with whiskey, and then smothering him, or her, as the case might be. In this way a considerable number of people had mysteriously disappeared and never been heard of again. The horror of Agnes McCulloch can well be imagined when she realised that Burke was no less than her friends husband and that she herself had had a remarkably narrow escape from disappearing along with many another luckless victim.

463

427 It is only right to add that, from a study of the case, this, like many good traditions, is open to considerable doubt. When their brother, Alexander, returned from China on leave in 1847, he took his sisters, Agnes and Janet, with him on a tour of the continent. All three kept a journal of the tour 1116 but that of Agnes is the best. They travelled through Belgium, up the Rhine, across the Alps to Venice, and thence to Rome via Milan. They returned via Turin, Lyons and Paris, having had a 2 month orgy of sight seeing. It is evident that foreign travel at that time was not without its risks; on two occasions the party had narrow escapes from brigands with which the Italian roads were infested. Agnes summarised her impressions of the tour in the concluding paragraph of her journal1117, Belgium, its rich agriculture, with Brussels and Waterloo - the Rhine and its Castles Switzerland and its Alps - Italy and its galleries - France and its vast plains - much were all and each admired, but in Italia bella is interest beyond all else - of Past, Present, and I hope of Future -it was the Land of Greatness; it is the land of Decay, it was, is and always will be, the Land of Beauty and Interest, and Loveliness and Genius. Agnes McCulloch died on 8 July 1854. 9. Janet McCulloch, who was born on 4 March 1809 and died 22 June 1816. She was one of the victims of the diphtheria epidemic in the summer of that year. 10. Christina McCulloch, who was born on 30 December 1815 and died on 9 July 1816, the third of the family who succumbed to diphtheria.

1116 1117

Ardwall Papers 1145, 1150, 1156. Ardwall Papers 1150.

464

428 11. 12. Janet McCulloch, of whom hereafter Christina McCulloch, who was born on 13 March 1820 and died 1st August 1841.

13. Penelope Elizabeth McCulloch, who was born on 5 September 1825. There is evidence that in 1852 she was on the point of making a match with Sir David Maxwell of Cardoness: writing to his wife, John Gordon Brown, her brother in law said1118, Pens affair is all arranged with Sir David since the excellent baronet came into 1000 a year from the copper mine. He is going to drive a carriage and pair on account of his young bride. This will astonish you and Agnes but after all it is not so bad as the youthful widower Dr Russell about to marry three weeks after his wifes death. But somehow the plan fell through and Penelope remained a spinster all her days. Of his death in 1887 her brother, Alexander, left her a life interest in Kirkclaugh. She survived him 9 years and died there on 7 May 1896. JANET McCULLOCH Janet McCulloch was born on 17 May 1817 and had the distinction of being the only one of a large family of 13 who married. Her husband was John Gordon Brown, a merchant in Liverpool. He came of a Cumberland family, at one time in the village of Caldbeck, where the family gravestone lies next to that of John Peel, the celebrated huntsman. They acquired interests in Jamaica and Johns father owned the Carlton Estate there. John himself was born there on 8 December 1814 and was, for a time, in his early days, in the island. His marriage

1118

Ardwall Papers 1165.

465

Janet McCulloch, dr. of James Murray McCulloch of Ardwall

and her husband

John Gordon Brown

466

429 to Janet McCulloch took place at Ardwall on 23 April 1850 and Janets journal of her honeymoon she was an inveterate diary keeper - is among the Ardwall papers1119. After a tour of the West Highlands and a visit to the continent, the young couple returned to set up house in Liverpool the following June. John Brown retired from business in 1866 and took his wife and three daughters to live at Lochanhead. The small existing house was enlarged and there the three daughters were married. Janet McCulloch died on 24th March 1883 and was buried in Lochrutton Kirkyard: an eulogistic tribute to her appeared in The Dumfries and Galloway Standard1120. Her three daughters were:1. Christian Robison Brown, of whom hereafter.

2. Janet McCulloch Brown, who was born in 1853 and married in 1878 Edward Adam Cliff, merchant in Liverpool. She died on 28th March 1911, survived by her husband. Their descendants have been noticed elsewhere (see page 206). 3, Anna Agnes Brown, who was born in 1855 and married on the same day as her elder sister, Janet, in 1878, William Stewart of Shambellie, who died in 1906. She survived him until 1922. Her grandson, Francis Stewart, W.S. has kindly provided the following information concerning her descendants. She had issue:a. William Stewart of Shambellie, born in 1879, Captain, The Black Watch, died 1930. He married May Grace, daughter of William Brown of Arncliffe Hall, who was born in 1884 and died in 1930. They had no issue. b. Walter John Stewart, Mining Engineer, born 1880 and died in West Africa 1907.

1119 1120

Ardwall Papers 1164. Ardwall Papers 1167.

467

Janet McCulloch Brown and her husband Edward Adam Cliff

468

Anna Agnes Brown wife of William Stewart of Shambellie

469

430 c. Alexander McCulloch Stewart of Shambellie, merchant in Manilla, born 1881. He inherited Shambellie as heir of entail on his brother Williams death in 1930 and returned to Scotland shortly after. He disentailed the Estate in 1949. He married in 1907 Elinor Louisa, daughter of Colonel Davenport, 83rd Regiment, who was born in 1881 and died in 1960. He died in the following year. They had issue:A. Alexander Davenport Stewart who was born in Manilla 1908. He was educated at Loretto, became a Chartered Accountant and returned to Manilla where he died in 1956. He married Gertrude Hornbostel, an American, and had issue:i. William Alexander Stewart born 1940, educated at Loretto and joined U. S. Air Force. ii. iii. iv. Gertrude Leonore Stewart born 1948. Allan Hornbostel Stewart born 1953. Lorelei Ann Stewart born 1956.

B. Charles William Stewart of Shambellie born 1915, Artist, he inherited Shambellie under his fathers Will. Unmarried. C. Margaret Anne Constance Stewart born 1922 and married Peter Greenshields, son of J. D. Greenshields of Trefnant, Denbighshire, in 1947. They have issue:i. ii. John Robin Stewart Greenshields born 1953. Linda Margaret Greenshields born 1955.

d. Charles Edward Stewart, Writer to the Signet, born 1885 and married in 1916 Anne Laurie, daughter of Holmes Ivory, Writer to the Signet, who was born in 1890 and has issue:-

470

431 A. Francis John Stewart Writer to the Signet, born 1917 and married in 1946 Olga Margaret, daughter of James Little Mounsey, Writer to the Signet, and has issue:i. ii. iii. iv. Rosemary Margaret Stewart, born 1948 Alan Edward James Stewart born 1950 John Gordon Stewart, born 1952 Nicholas Francis Stewart born 1957

B. Camilla Stewart, born 1924 and married in 1947 William Thorburn Thomson, farmer, and has issue:i. ii. iii. iv. Katherine Anne Thomson born 1948 Bridget Isabelie Thomson born 1951 Michael William Thomson born 1953 Jill Daphne Thomson born 1956.

e. Francis Gordon Stewart, Royal Navy, born 1886 and lost with H. M. S. Hampshire in 1916. Unmarried. f. John Musgrave Stewart, born and died 1887

g. Janet McCulloch Stewart, born 1882 and died 1957. Married 1913 Hugh Gillies, Doctor in New Abbey, who was born in 1869 and died in 1938. They had issue:A. Colonel Hugh Stewart Gillies, M.C., Kings Own Scottish Borderers, born 1915 and married in 1944 Christina Susan Maud Meade. He has issue:i. ii. iii. iv. Christina Janet Gillies, born 1944 Fiona Mary Gillies born 1947 Hugh David Stewart Gillies born 1951 Andrew Patrick James Gillies born 1955

471

432 B. Walter John Gillies, Doctor in Moffat, born 1921 and married in 1950 Elise Robertson Drummond, daughter of Dr. Graham Drummond. They have issue:i. ii. iii iv. v. Hugh Graham Gillies born 1952 Deirdre Margaret Gillies born 1954 Roderick Gillies born 1957 Elizabeth Ann Gillies born 1962 Katherine Mary Gillies born 1962

C. Janet Penelope Gillies born 1914 and married in 1941 Bernard Smith, M.B.E., D.F.C., Squadron Leader, Royal Air Force, now retired. They have issue: i. ii. iii. Victoria Janet Smith born 1944 Peter Hugh Jefferson Smith born 1945 Alexa Margaret Smith born 1947.

D. Katherine Gullies born 1919 and married George Anderson Duncan, M.C., Major, Kings Own Scottish Borderers, now retired. They have issue:i. ii. h. Paul Alexander Duncan born 1955 Charles William Duncan born 1956

Katherine Mary Stewart born 1889 and unmarried. CHRISTIAN ROBISON BROWN, MRS JAMESON, later LADY ARDWALL

Christian Brown was born on 2 August 1851 and in 1875 married Andrew Jameson, advocate, later to become a judge of the Court of Session with the title of Lord Ardwall. He was the son of Andrew Jameson, Sheriff of Edinburgh, author of a history of his

472

Christian Robison McCulloch Brown and her husband Andrew Jameson, Lord Ardwall

473

Ardwall House

474

433 family1121. Of Lord Ardwall an excellent biography has been written by John Buchan, Lord Tweedsmuir. On the death of her uncle, Walter McCulloch, Mrs Jameson succeeded to Ardwall as heir of entail. By this time the disadvantages of entails had been realised and legislation introduced making it possible under certain conditions for them to be broken. Of this Mrs Jameson immediately took advantage and the estate was disentailed in 18921122. One of the stipulations of the entail had been that any heir female succeeding to the estate should adopt the name of McCulloch. This was now no longer necessary but, partly perhaps for reasons of sentiment, Mrs Jamesons eldest sons Andrew Jameson, did thereupon adopt the name. Shortly after her succession Mrs Jameson decided to enlarge the house and two wings were accordingly added in 1896. A good description of the new house, written by the Rev. C. H. Dick, author of Highways and Byways in Galloway, appeared in 'The Scottish Field in 1911. Within a mile and a half of Gatehouse the main road passes the policies of Ardwall. The intervening part of the road is shaded by many great old trees especially where it skirts the high knoll crowned by the Castle of Cardoness. At this point one catches a glimpse through the trees around Ardwall of its pale yellow rough cast front, its gleaming windows and steep roof, and with another bend of the road one has reached the lodge and the beginning of the short avenue. Perhaps there is no other house in Galloway so delightful as Ardwall: certainly there is none more delightfully situated. It stands among trees on a little plateau from which the ground

1121 1122

Ardwall Papers 1562. Ardwall Papers 116.

475

434 slopes away on three sides. On the remaining side is a dense tract of woodland screening the house from the road. In his essay on The Ideal House, Stevenson has postulated that the house must be within hail of either a little river or the sea. Here you have both: for the little river of Fleet and the Skyreburn are near, and from the garden you could throw a stone over the wall into the salt water of Fleet Bay. Another amenity of Ardwall is the unusual proximity of sea and woodland. Immense trees grow right down to the top of the beach and at a high tide their branches will be almost overhanging the waves. Here you will have the pungent odours of the sea contending with the delicate scents of the forest and the cooing of woodpigeons interrupted by the seabirds cries. The house was built of whinstone quarried from the beach; the walls have been roughcast and the windows and corners faced with red freestone. The old part dating from the Georgian period (1760 circa) is flanked by modern wings built by Lady Ardwall in 1895, which add dignity and grace to the original structure. Ascending a long flight of whinstone steps leading above the level of the basement one looks into the hall and is confronted by two narrow graceful archways with a stair rising to the upper storeys from that on the left and a second stair leading down to the basement from the other. An old fashioned feature of the former stair is that where it takes a bend half way up the separate undersides of the steps become visible through the right arch. A very old clock is enclosed in the column between the archways with its dial between the capital and the cornice of the hall. The white walls are decorated with numerous trophies of the chase, the set up heads of a lion, a roan antelope, two white-eared cobs, a water buck, a tiang, a reed buck, a Scottish red deer, and the skeleton horns of two buffaloes, an oribi, a wart hog, a water buck, and two gazelles. The animals, with, of course, the exception of the red deer, were all shot between Khartoum and Renk (late Fashoda), by Lord Ardwalls eldest son. Besides these should be mentioned another ornament, a large otter which ended its days in a rabbit trap.

476

435 On the left is a corridor leading to the drawing room and ante drawing room apartments occupying entirely the first floor of the left wing. The initial impression received on entering the house, that of an air of light and sweetness, is repeated here more delicately. The white woodwork, the white mantelpieces, the cream wallpaper with stripes of a pale blue, and the polished floor of the ante drawing room, reflects the light that enters so abundantly by windows at both ends and on one side. The effect in the drawing room is that of much light without too much brightness: for the strong rays of the sun striking through the south window are caught by the farther apartment and merely reflected onwards. The simplicity of the wall paper sets in relief the designs of the handsome tapestry curtains and the upholstery of the Sheraton couches and chairs, and is an effective background also for the occasional tables, secretaires, and cabinets of bric a brac which complete the furnishing of a singularly pleasant room. The front window commands a view of a great park where stalwart trees stand at intervals. Through a break in the foliage may be seen at a little distance the severe outline of the tall ruin of Cardoness Castle softened usually and made mysterious-looking by the haze from the sea. Out of the south window one looks across a green sward to such towering masses of foliage as shut out the whole landscape in that direction. But, as Stevenson said, a great prospect is desirable, and among its many attractions Ardwall has this. By ascending to the attic level one is raised above the level of the surrounding tree tops and may look down the Bay of Fleet and past the Isles of Fleet and the irregular coast of the parish of Borgue, into the wide dim distances of the shining Solway. The isles, it may be said in passing, can be reached by riding over the sands when the tide is out. Ardwall Isle has some excavations, Norse graves originally, it is believed, but used later by smugglers for concealing contraband. Another addition to the property was the purchase in 1904 from Colonel James William Murray Baillie of Broughtoun and Cally of the

477

436 farms of Kirkbride and Millmark1123. Lord Ardwall died in 1911 and was survived for 29 years by his widow who died in her 89th year on 27 May 1940. Some time before her death Lady Ardwall made over her estates to her eldest son. This was done solely for the purpose of evading the crippling liability for Death Duty which, introduced at the end of the 19th century, and since then punitively increased, has caused the ruin of many, it might be said, the majority of landed estates in this country. Lord and Lady Ardwall had issue:1. Andrew Jameson McCulloch of whom hereafter.

2. John Gordon Jameson, BA. Oxon, L.L.B. (Edin), Advocate, Barrister at Law, born 13 April 1878, educated at Edinburgh Academy, St. Andrews University, Balliol College, Oxford, and Edinburgh University: Sheriff Substitute of the Lothians and Peebles, 1923-1947, Member of Parliament for West Edinburgh 1918-22, served during the South African War with 19th Company, Imperial Yeomanry, Queens Medal with two clasps, served during the Great War 1914-18, Captain, Scottish Horse 1914, Major 1916; publications, The Good News 1921, The Bringer of the Good News 1928'; Oxford and Cambridge Middleweight boxing champion 1898, married in 1913, Lucy Margaret, 5th daughter of A. L. Smith, Master of Balliol College, Oxford 1124. He died at Edinburgh in 1955 with issue:a. Andrew John Christian Jameson, born 17 April 1916, died 17 April 1934.

b. Mary Margaret Jameson, born 25 May 1914 and married 8 June 1936 Charles Anthony Cowan, and has issue:-

1123 1124

Ardwall Papers 119. Scots Biographies.

478

437 A. B. C. D. Andrew Nicholas Cowan, born 31 October 1940. Antonia Margaret Catherine Cowan, born 4 February 1939. Mary Joanna Cowan, born 26 October 1945. Aidan Barnabas Foster Cowan, born 1953.

c. Alexa Mary Christian Jameson, born 11 September 1919, married in 1955 George Dixon at Bamburgh, Northumberland, and has issue, John William Dixon, born 1960. 3. Alexander McCulloch Jameson, born 1881, educated Edinburgh Academy, 6th D.C.O. Lancers, Indian Army, retired, Colonel 5th (Territorial) Battalion, Kings Own Scottish Borderers, 1928-34, served during South African War 1900-02, Kings and Queens medals, served during Great War, Indian Frontier 1915-16, Mesopotamia 1916-18, Deputy Lieutenant for Kirkcudbrightshire, married, first, 24 July 1912, Enid, daughter of John Boyd of Maxpoffle, Roxburghshire, Sheriff Substitute of Lanarkshire; married, second, 1927, Winifred, daughter of Wellwood Maxwell of Kirkennan1125. He died in 1956 leaving issue by his first wife:a. Andrew McCulloch Jameson, died at Wellington, Madras, 13 May 1914, aged 5 months. and by his second wife:b. Alexander Wellwood Jarneson, born 1 September 1928.

c. John Valentine Jameson, born October 1932. He married in 1957 Mary Butters and has issue:-

1125

Scots Biographies.
479

438 A. B. Susan Christian Jameson born 1959 Alexander Ord Jameson, born 1961

4. Alexa Grace Campbell Jameson, born 29 October 1886 and married in 1918 James Bourne Seburne Bourne May of Hackensall Hall, Lancashire, Major, The Coldstrearn Guards, served in Great War 1914-18 and was wounded at the Battle of the Aisne. He died in 1961 leaving issue:a. Geoffrey Fitzgerald Bourne May, born 31 December 1921, served in European War 1939-45 with Coldstream Guards and was wounded at Salerno. He married in 1957 June Josephine Peake Cottam and has issue:A. B. Jonathan James Seaburne Bourne May, born 1958. Guy Geoffrey Bourne May, born 1961.

MAJOR GENERAL SIR ANDREW JAMESON McCULLOCH OF ARDWALL, K.B.E., C.B., D.S.O., D.C.M. He was born 14 July 1876 and assumed the name McCulloch in 1892, educated Edinburgh Academy, St. Andrews University, New College, Oxford, B.A. (Oxon), Barrister at Law, Inner Temple, served during South African War 1900-02 with City Imperial Volunteers Mounted Infantry, Highland Light Infantry, and 12 Mounted Infantry at Paardeberg, Dreifontein, Johannesburg, Diamond Hill, and Wittebergen, D.C.N. 1901, mentioned in dispatches, passed Staff College, Camberley 1910, served during Great War 1914-18, D.S.O. with two bars, Croix de Chevalier, Legion of Honour, mentioned in dispatches 3 times, wounded 3 times, commanded 7th Battn. Argyll and Sutherland Highlanders, Cavalry Staff 1915, commanded 9th Battn. Kings Own Yorkshire Light Infantry 1917, Brigadier General commanding 64 Infantry Brigade when it took

480

439 Grandcourt August 1918. Has served in Highland Light Infantry, 7th Dragoon Guards, and 14th Hussars, Brigadier General and Chief Instructor, Staff College, Quetta 1919-23 M.F.H. Quetta Foxhounds, Colonel commanding 157th (Highland Light Infantry) Territorial Brigade 1923, Brigadier commanding 2nd Infantry Brigade Aldershot, 1926-30, Commandant, Senior Officers School, Sheerness 1930-33, A.D.C. to the King 1931-33, Major General commanding 52nd (Lowland) Division 1934 and 1936, acting Lieutenant General, Malta, 1936, Colonel, Highland Infantry 193646, C. B. 1934, K. B. E. 1937, represented Oxford at swimming and water polo, President, Oxford University Swimming Club 1897, owned and rode the winner of 1st Division Point to Point Steeplechase, Aldershot 1929, married 29 April 1905 Esme Valentine, daughter of Colin James Mackenzie of Portmore, Peeblesshire1126. He died in April 1960 leaving issue:a. Walter Jameson McCulloch, M.C., T.D., born at Simla, India, 25 August 1906, educated Loretto, Downing College, Cambridge, B. A. (Cantab), Writer to the Signet, 1931, served in France as Major, 1st Lothians and Border Yeomanry and was taken prisoner of war June 1940 at St. Valery, Normandy, with 51st (Highland) Division, married 6 April 1934 Katharine Harriet, younger daughter of John Alexander Inglis, K.C., of Auchindinny and Redhall, Midlothian, and has issue:A. B. C. Andrew Jameson McCulloch, born 21 September 1935. John David McCulloch, born 5 April 1937. Alexander Patton McCulloch, born 10 May 1946.

1126

Scots Biographies.
481

440 b. Colin James McCulloch, born 10 March 1908, educated Rugby and Balliol College, Oxford, B.A. (Oxon), farmer, Morrinsville, New Zealand, married 1935, Joyce, daughter of Walter Thompson, Whakatane, New Zealand, and had issue:A. Colin Francis Walter McCulloch, born 9 April 1936. He married in 1957, Gillian Aitken and has issue:i. ii. B. C. Alan McCulloch, born 1958. Alison McCulloch, born 1962.

Andrew Robert McCulloch, born 22 July 1938. James Murray McCulloch, born 27 December 1941.

c. Andrew Christian McCulloch, D.S.C., born 24 April 1915, educated Royal Naval College, Dartmouth, Lieutenant, Royal Navy, served in European War 1939-45, mentioned in dispatches, lost in action with the destroyer, H.M.S. Laforey in the Mediterranean, 30 March 1944. d. David St. Denys McCulloch, born 4 July 1919, educated Rugby and Royal Military Academy, Woolwich, Captain, Royal Artillery, served in European War 1939-45, in France and Germany 1944-5 with 13th Royal Horse Artillery, 11th Armoured Division, mentioned in dispatches, passed into Staff College 1947. He married in 1951 Patricia Mary Norris and has issue:A. Adrian Christian McCulloch, born 1952.

482

MAXWELL OF HILLS Arms : Argent, a saltire sable, betwixt a mullet in chief and a crescent in base, gules : Crest : A roebuck proper attired argent couchant before a hollinbush proper Motto: reviresco Supporters, on the dexter, a roebuck, and on the sinister, a savage, all proper.1127

1127

Edward Maxwell (iv) of Hills, Ardwall Papers, 1475

483

441 THE FAMILY OF MAXWELL OF HILLS EDWARD MAXWELL (i) OF HILLS THE progenitor of this family was Edward Maxwell in Brakansyd, who bought the 18 merk lands of Lochrutton and Hills in 15271128. There has been some doubt as to the identity of this Edwand Maxwell but it now seems well settled that he was a son of Herbert Maxwell, who was himself a. younger brother of John, 4th Lord Maxwell, killed at Flodden in 1513, and son of John, Master of Maxwell, commonly called the 3rd Lord Maxwell, although he predeceased his father being killed in a border skirmish near Kirtle Water in 14841129. According to Trotter1130, Herbert was Vicar of Carlaverock and Captain of the castle of that name in 1490: he also owned Breconside in the parish of Kirkgunzeon, but the Book of Carlaverock makes no mention of this and Trotter unfortunately does not give the source of his information. The Book of Carlaverock, in fact, states1131 that Herbert was illegitimate but gives no evidence for the statement, which appears to be incorrect. In a Crown Charter of 1540 in favour of Robert, 5th Lord Maxwell, Edward Maxwell of Lochruttoun is named as one of the substitutes 1132. This is hardly consistent with his being an illegitimate relative. The same inference may be drawn, too, from the Contract

Ardwall Papers 51. Book of Carlaverock I 153. 1130 East Galloway Sketches 204. 1131 Book of Carlaverock I 156. 1132 Book of Carlaverock I 206.
1128 1129

484

AMORIAL BEARINGS ON HILLS CASTLE

5. Edward Maxwell and Janet Carsane

485

442

of Marriage between Alexander Glendonyng of Partoun and Agnes Maxwell, daughter of Edward Maxwell of Drumcoltran, and grand-daughter of Edward Maxwell, first of Hills 1133. This document relates the relationship to each other of the two intended spouses: she was descended from Mr. Herbert Maxwell, brother of John, Lord Maxwell, and he from Katherine, daughter of the said Lord: she was also descended from Janet Carsone, spouse of Edward Maxwell of Hills, and he from her sister, Marion Carsone, spouse of Sir Robert Gordon of Lochinvar: both were daughters of John Carsone of Glen1134. The following table, which is derived principally from information in The House of Glendonwyn, will shew more clearly the relationship of Alexander Glendonyng and Agnes Maxwell, and is good evidence of the identity of Edward Maxwell, first of Hills. [Tree of John, 3rd Lord Maxwell] Edward Maxwell bought the 18 merk lands of Lochruttoun and Hills at a price of 1400 merks that is 77.15.6 sterling from James

1133 1134

Maxwell Muniments: Terregles. Kenmure Muniments.

486

HILLS TOWER

487

443 Douglas of Drumlanrig in his urgent necessity1135. The latter had purchased the property five years before, in 1522, from John Ekillis of that Ilk1136 who is the earliest known proprietor and had acquired the property in 15021137. Edward, who is always described as of Lochruttoun and not of Hills, also purchased other lands, for instance, in 1530, the 8 merk land of Bordland of Gelston from Thomas McClellan of Gelston 1138. But Hills was his principal property and there he built his tower and embellished it with the arms of himself and his wife which remain there to the present day. McKerlie1139 attributes to it a much earlier origin but this statement cannot be endorsed either architecturally or historically. There may have been an older building on the site of the present one, but there is no record of it: probably it has been confused with Auchenfranco Castle, an older building at the south west end of Lochrutton, of which very little, if any, now remains. This confusion may explain the tradition that Edward I spent a night at Hills when in Galloway in July 1300. Hills Tower is fully described in the Report of the Historical Monuments Commission1140 and elsewhere, but, architecturally, it calls for little comment. It is of the usual square type common to the period when gunpowder had spelled the doom of the massive fortress of earlier times and ideas of domestic comfort were beginning, if slowly, to enter the minds of Scottish lairds.

Ardwall Papers 53. Ardwall Papers 48. 1137 Lord High Treasurer's Accounts II 188. 1138 Lord High Treasurer's Accounts V 339. 1139 McKerlie IV 337. 1140 Report of the Historical Monuments Commission II 173.
1135 1136

488

444 The records of the time unfortunately do not tell us much of Edward Maxwell. On 25 February 1533/4, however, he appeared as one of the attendants of William, Bishop of Aberdeen, who obtained a Respite from the King when proceeding furth of the realm in the partis of Ingland for expeditioun of certane gret and wechty materis. This Respite, which was, presumably, something in the nature of a modern passport, included the Bishops numerous attendants, among, them, Edward Maxwell1141. In March of the same year he and his wife, Janet Carsone, were involved in a dispute with Roger Herris of Madinpape, who had violently ejected them from the 6 merk land of Terrauchty perteineing to the said Janet in liferent and broukit by her for 23 years till 2 years bypast. She obtained decree in the Steward Court of Kirkcudbright for restoration and damages but Roger refused to obey it1142. On being ordered by the Lords to do so he pleaded that he had licence from Edward and Janet and the Lords allowed him a proof of this1143. He failed in his proof1144 and eventually agreed to remove himself provided all processes against him were discharged1145. Trotter records1146 without giving the source of his information, that Edward acquired in 1538 the lands of Spottes and Fell in the parish of Urr, and, for managing, in conjunction with Lord Maxwell, the estates belonging to the Abbey of Dundrennan, the lands of Mulloch in the parish of Rerwick.

Acts of the Lords of Council 1501/54. 416. Acta Dominorum Concilii et Sessionis IV 41. 1143 Acta Dominorum Concilii et Sessionis V 132a. 1144 Acta Dominorum Concilii et Sessionis V 177a. 1145 Acta Dominorum Concilii et Sessionis V 181. 1146 Trotter: E. Galloway Sketches. 204.
1141 1142

489

445 Edward Maxwell died probably in 1544, for when his grandson, Edward Maxwell, was retoured to the estate as heir to his grandfather in 1592, the lands had been in non-entry for 48 years 1147. By his wife, Janet Carsone, he left, so far as is known, two sons:John Maxwell, of whom hereafter. Edward Maxwell. From Edward Maxwell are descended the families of Drumcoltran and, later, of Breoch. It has been claimed, presumably by some of his descendants, that he was the eldest son of Edward Maxwell, first of Lochruttoun and Hills. This claim is obviously incorrect: it would infer that the principal family mansion and property passed to a younger son, an absurd proposition at the period in question. In any case, the point is conclusively settled in the records. On at least two occasions1148 1149 John Maxwell is referred to as son and heir of Edward Maxwell and, by contrast, Edward is, on another occasion, referred to merely as son1150. JOHN MAXWELL OF HILLS Of John Maxwell even less is known than of his father. Apart from the 5 merk lands of Chapmantoun in the parish of Crossmichael and the 6 merk land of Torrs of Kelton1151 1152 he made sundry small purchases of land1153. The lands of Torrs of Kelton he acquired in 1633 for his cousin, William McGuie of Balmaghie. The latters mother was Elizabeth Maxwell and it may be assumed, therefore, that she was a sister of Edward Maxwell, Johns father. It is recorded that on 27 January 1565/6, the King despatched to him ane boy with clois writtings1154. He married Katherene Maxwell1155, sister of Alexander Maxwell, Burgess of Whithorn, and of John Maxwell and Marion Maxwell

Exchequer Rolls XXII 475. Registrum Secreti Sigilli III 1501. 1149 Registrum Magni Sigilli 1513/46. 1418. 1150 Registrum Secreti Sigilli II 967. 1151 Registrum Magni Sigilli 1513/46. 1418. 1152 Protocol Book of Herbert Andersoun 63. 1153 Ardwall Papers 56, 57. 1154 Lord High Treasurer's Accounts XI 465. 1155 Ardwall Papers 59.
1147 1148

490

446 in that town1156. He died probably in 15691157 1158 leaving issue:1. Edward Maxwell, of whom hereafter.

2. Agnes Maxwell, who married William, son of John Johnstone of Newby in 15561159 though it was not until ten years later that her father in law implemented his part of the marriage contract and infefted her and her husband in certain lands in the parish of Annan 1160. In later years, during the bitter strife between the Maxwells and the Johnstones, which raged during most of the latter half of this century, she may well have rued the day when she married into the enemys camp! It will be noted that Agnes was married in 1556, whereas, as will be seen later, her brother Edward was still a minor at his fathers death in 1569. There was probably, therefore, a considerable difference in their ages and it is not impossible that John Maxwell of Hills, their father, was married twice. The Aitken M.S., a not too reliable authority, gives the name of his wife as Katherene Rig. There is no other record of this lady but she may well have been his first wife and Katherene Maxwell his second. 3. Katherine Maxwell. In 1566, John Maxwell of Lochruttoun and Katharine Maxwell, his wife, were infeft in part of the Kirk lands of Lochruttoun. The destination in the Instrument of Sasine1161 named as substitute Katharine Maxwell, spouse of Robert Maxwell in Garrarie, from which it may reasonably be inferred that Katharine was a daughter of John and Katharine Maxwell. She died in February 15841162 and was the mother (or possibly grandmother) of that John Maxwell of Garrarie, who, with his son, Robert, was sentenced to death in 1619 for the brutal murder of John McKie of Glassok, an account of which is

Edinburgh Testaments XLI 313. Register of the Privy Council 1st Series I 631. 1158 Ardwall Papers 59. 1159 Registrum Magni Sigilli 1546/60, 2945. 1160 Protocol Book of Herbert Andersoun 65. 1161 Ardwall Papers 56. 1162 Edinburgh Testaments 28 May 1606.
1156 1157

491

447 given by Sir Herbert Maxwell1163. Lord Maxwell and Edward Maxwell of Hills, brother of Katharine, appeared for the defence and John and Robert Maxwell were eventually reprieved1164. EDWARD MAXWELL OF HILLS Edward Maxwell had a long and eventful career and may with justice be regarded as the most distinguished member of his family. There are numerous references to him in the records which enable one to form a picture of a man who lived and played a part during the closing years of the era of border warfare and the active practice of military feudalism. Edward was a minor when he succeeded his father in 1569, but his mother, Katherene Maxwell, succeeded in procuring, be the sycht of ye Lord Heireis and vyis freyndis, a gift of the feudal casualties of ward and relief etc., exigible from the estate, and made this over to her son1165. He did not complete his title to the property until 15921166, an expensive procedure which involved him in payment of the large sum of 1728 for arrears of crown dues 1167, the estate having been in non-entry since the death of his grandfather, Edward Maxwell, 48 years earlier. But he appears to have reached manhood some time before this and in 1683 was involved in court proceedings with William Riddik of Dalbaty as to the possession of the 10 land of Airdrie, which had been granted to Edward, without a proper title, by John, Earl of Morton, formerly Lord Maxwell 1168. The decree of the Lords of Council went

Maxwell, Herbert: Dumfries & Galloway 225. Calendar Myrton Writs (Reid) 94, 95, 98. 1165 Ardwall Papers 59. 1166 Ardwall Papers 61. 1167 Exchequer Rolls XXII 475. 1168 Register of the Privy Council 1st Series III 637.
1163 1164

492

448 against him but this did not end matters with the Riddiks. Eight years later, in 1591, Edward was ordered to be denounced as a rebel for failure to appear before the Privy Council on a charge that he with convocation of the lieges to the number of 40 persons (mostly other Maxwells and his own servants) all boddin in feir of weir had come upon 24 April last at night to the lands of Grange belonging in feu to the complainer John Redik of Dalbatie, and violently spuilyied from him his haill insicht plennessing and movablis, being within his houssis of the saidis landis, togidder with his horse, cattell and bestiall being within the byris and stablis thairof and thereafter demolished his whole houses and onsettis of the saidis landis and threatned and compellit the said complenaris familie and houshald, as alswa his tennentis and servandis, etc., etc.1169. Edward was an active and prominent supporter of his chief, Lord Maxwell, to whom he was distantly related. It is probable that his father had been the same before him and the Book of Carlaverock 1170 records that Robert, 7th Lord Maxwell died, an infant of four years old, at Hills in 1554. Trotter1171 states that at about the time of the Reformation, i.e. 1560, Hills was about the most powerful of all the Maxwell offshoots and that, during an English inroad, when Lord Maxwell undertook to raise 1000 men, Maxwell of Hills was returned as able to raise 300, a by no means inconsiderable force. The Lord Maxwell of the time was John, 8th Lord, who will be remembered chiefly for his ill-judged attempt to co-operate with the Spanish Armada in 1588, an attempt for which, strangely enough, he

Register of the Privy Council lst Series IV 621. Book of Carlaverock I 222. 1171 Trotter: E. Galloway Sketches 204.
1169 1170

493

449 did not forfeit his life, being more fortunate in this respect than a number of his followers. But his main preoccupation was the long standing feud between his family and their powerful neighbours, the Johnstones, which reached its climax at the close of the century. That Edward Maxwell of Hills played a part in the struggle, is clear from the records, and it may perhaps, therefore, not be out of place to give a brief summary of it1172 1173. It was the last great blood feud which marked the close of the clan system on the Borders. Bickerings had been pretty constant for a long time between the two families, mutually jealous of the growing power of each other, the Johnstones having the ascendency in Annandale and the Maxwells in Nithsdale: but the strife was not more violent or enduring than that which often smouldered between country neighbours in those times. A frequent bone of contention was the Wardenship of the Western Marches, a lucrative office much covetted by the leaders of both families. In 1585 the Maxwells made a successful raid on the Johnstones and succeeded in burning Lochwood, one of their chief strongholds. In 1593 the Johnstones retaliated with a raid on the Crichtons of Sanquhar, a raid which forms the subject of the well known ballad The Lads of Wamphray. The chief of the Johnstones, Sir James Johnstone of Dunskellie, was excused for this, but the relatives and womenfolk of the butchered Crichtons protested so vehemently to King James VI that he commissioned Lord Maxwell to march against the Johnstones and execute what justice was necessary. This commission Lord Maxwell was, doubtless, only too

1172 1173

Book of Carlaverock. Maxwell, Herbert: Dumfries & Galloway.

494

450 willing to accept. Unfortunately for him, he met in Sir James an opponent who was more than a match for him. They met at Dryfe Sands: Maxwell was outgeneralled and his force routed. He himself was slain, according to one account, personally by Sir James Johnstone, to another, by the lady of Johnstone of Kirkton, who, coming to the battlefield to give aid to the wounded Johnstones, found Lord Maxwell wounded and lurking under a thorn tree. Ladylike, and with commendable presence of mind, she promptly dashed out his brains with the great keys of her tower, which she was carrying with her. The calamitous reverse for the Maxwells by no means brought the feud to an end. John, 9th Lord Maxwell, succeeded his father and continued it with renewed vigour until 1608. In that year, on the plea that he was avenging the death of his father, he treacherously murdered the Laird of Johnstone. He was charged with the murder, but succeeded in making his escape to France, his departure being commemmorated in the ballad Lord Maxwells Goodnight. Some years later he returned to Scotland where, by the treachery of George Sinclair, 5th Earl of Caithness, he was apprehended, taken to Edinburgh, and there executed in May 1613. His melancoly end brought a final close to a feud which had continued intermittently for upwards of half a century. Edward Maxwell does not appear as a participant until 1596 when William, Lord Herries, who had recently, at his Majestys express command, given assurances on behalf of himself and his friends, to Sir James Johnstone of Dunskellie, protested that he could not be answerable for the whole of the gentilmen of the surname of Maxwell dwelling in

495

451 Cliddisdale and Renfrewshire, and a large number of others of the name, including Edward Maxwell of Hills1174. In 1599, charge was given to the same Lord Herries and a. number of Maxwells, including Edward, to underlie such order as shall be given to them touching the setling and quieting of the troublit and disordourit state of the West Marche 1175. The following year they were charged to submit their feud with the Johnstones to arbitration1176: in the same year, to appear at a meeting of the Council at Falkland and give their advice for the quieting of the Border1177, advice, which, one cannot help thinking, must have been singularly prejudiced. In 1601 they were charged to enter into fresh mutual assurances with the Johnstones1178 notwithstanding which, only four months later they were charged with making a fresh attack on their opponents1179. Indeed, it is clear from the frequency with which these pacts were entered into1180 and, presumably, broken that the modern attitude to peace treaties and other pacts is by no means novel. Finally, in 1608, Edward Maxwell and his associates, for causes concerning the peace in Nithisdaill and Annandaill and Galloway, not unconnected, probably with the murder of the Laird of Johnstone, were ordered within six days to enter into ward beyond the Water of Tay1181. Edward did not confine himself to this major dispute and was prepared to take his part in the smaller personal disagreements of his friends: for instance, in 1599 he was named as a participant in a prohibition by the

Register of the Privy Council 1st Series V 280. Register of the Privy Council 1st Series V 343. 1176 Register of the Privy Council 1st Series VI 83. 1177 Register of the Privy Council 1st Series VI 136. 1178 Register of the Privy Council 1st Series VI 197. 1179 Register of the Privy Council 1st Series VI 240. 1180 Register of the Privy Council 1st Series VI 317 & 492. 1181 Register of the Privy Council 1st Series VIII 152.
1174 1175

496

452 Privy Council of a proposed singular combat between Alexander Levingstoun of Pantosken and Mr. John Kennedy, apparent of Baltersane.1182. It is not clear from the context whether this was an early instance of the duel or what must be one of the last recorded instances of the knightly joust. Although, so far as is known, the suggestion has not been advanced before, it may well be that religion was at least a contributory factor in the feud between these two great families. Lord Maxwell and many of his followers remained adherents of the Roman Catholic Faith1183 and for this there is little doubt that the spirited efforts of the celebrated Gilbert Broun, last Abbot of Sweetheart Abbey, were largely responsible. Edward Maxwell was no exception and though, in his later years, he may have made some show of conversion, there is little doubt that, in his heart, he remained true to the ancient faith. As early as 1587 he and John Maxwell of Conheath bound themselves to do nothing to the prejudice of the trew and christeane religioun presentlie authorizit and professit within this realme1184, which seems to indicate that their religion was not above suspicion. That he failed to keep this obligation is clear from a Privy Council record of 1601, when he and others, including William, Lord Herries, and John, Master of Herries, were charged with resetting Jesuits, in particular Mr. Johne Hamiltoun and Mr William Broun, sometime Commendator of Newabay, and with having been with them at their Mass1185. A month later, in December 1601, Edward and a number of citizens of Dumfries were ordered to appear under pain of rebellion on account of Mr. Gilbert Broun, sometime Abbot of

Register of the Privy Council 1st Series VI 65. Maxwell, Herbert: Dumfries & Galloway 207. 1184 Register of the Privy Council 1st Series IV 181. 1185 Register of the Privy Council 1st Series VI 312.
1182 1183

497

453 Newabbay and the above Mr. Hamilton who had been divers tymes resetted in the burgh of Dumfries and various other places thereabout and had sayed messe and bapteist sindrie bairnis in the said burgh and other places and intysit and allurit mony ignorant and simple people to schaik af the trew religioun and to be present with thame at thair messis1186. On the question of religion, Edward appears, outwardly at all events to have yielded to force of circumstances, and in 1624, his eldest son, John, undertook in his marriage contract to solemnize the halie band of matrimonie togidder in face of the congregatione be the wordis of the present tyme 1187. It is not altogether surprising, however to find that in 1640 the War Committee of Kirkcudbright1188 reported that he, his son William, natural son, Alexander, the Gudewyfe of Hillis and various others, were cold covenanters, such a person being one quha does not his dewtie in everie thing committed to his charge, thankfullie and willinglie, without compulsion,, for the furtherance of the publict. Two years later the same Committee termed him, more bluntly, a popish recusant1189. Financially, Edwards loyalty to his chief, John, 9th Lord Maxwell, was disastrous for him. In his early years there is no doubt that he was a wealthy man and he appears to have owned large estates and had a force of some 300 armed followers. His downfall was due to the habit, fatal to so many Scottish lairds, of becoming guarantors for their friends. It is difficult to account for the freedom with which these guarantees were given as their danger must have been obvious and examples of it frequent.

Register of the Privy Council 1st Series VI 326. Ardwall Papers 1313. 1188 Book of War Committee 129. 1189 Trotter: E. Galloway Sketches 204.
1186 1187

498

454 No doubt, factors other than common prudence often entered into the question and made it difficult for people to refuse to become guarantors. Edward Maxwells was such a case: the person whom he guaranteed was his chief, Lord Maxwell, to whom, of course, it would have been a very delicate matter to refuse help. When Lord Maxwell was forfeited in 1608, his creditors turned immediately to Edward and his co-guarantor, John Maxwell of Conheath, who were speedily reduced to penury. In their distress they decided to address a petition for assistance to King James VI to this the King replied from Whitehall on 20 December 16101190 John Maxwell of Conhaith and Edward Maxwell of Hills having in a petition to his Majesty most pitifullie lamentit thair hard conditioun, and the decay that thay and thair houssis ar lyke to fall into, pairtlie by thair becomeing cautiouneris and souirteis for Johnne, sumtyme Lord Maxwell, and pairtlie for grite sowmes of money borrowit by thame upoun thair awne bandis to his use, by meanis quhairof thay ar brocht to so grite miserie as, unles thay may have some tyme of supercedere frome the persute of thair creditouris, and by that means may the more frelie, without danger, labour for thair awne relief, thay, thir wyffis and childrene, sall be brocht to the last point of miserie and begerie, his Majesty in consideration thairof and to mak thame the moir able to gif satisfactioun to thair creditouris (whiche is our onlie meaning in granting this our protectioun and supercedere), takes the said petitioners under his special protectioun and ordains that they shall not be pursued or troubled in thair persons or goods during the next two years for any sums of money borrowed by thame in thair own names to the use of Lord Maxwell or in surety for him. The protection, superscribed James R., is subscribed by the Chancellor, Dunbar, and Alexander Hay.

1190

Register of the Privy Council 1st Series IX 108.

499

455 There are grounds for supposing that Edward Maxwell took advantage of this protection to defraud his creditors. In 1612 he made a complaint to the Privy Council 1191 that in spite of it, one of them, James Dalzell, Merchant, Burgess of Edinburgh, had caused him to be apprehended and committed to ward in the tolbooth of Edinburgh. He did this upoun ane informatioun that Edward wes upoun some course to denude himself of all that he had in defraud of the said James. Edward denied this but the Lords directed that, though he should be set at liberty, he must within 24 hours tak some course for the said James, his satisfactioun. It is clear that temporary protection against creditors was not sufficient to enable Edward to set his house in order again: something more was required. He and Conheath accordingly applied to the King for a tack of the customs dues of the West March and the latter wrote to the Privy Council for their advice on this proposal1192 Richt trustie and weilbelovit cousingis and counsalouris, we grite you weill: We have had preferred unto us a verie pitifull petitioun by Edward Maxwell of the Hillis and Johne Maxwell of Conhaith, whose estaites and fortunes ar ruined and undone by the fall and forfeiture of thair cheif, the Lord Maxwell, howevir thay thameselffis wer nather guiltie nor accessorie to his treasounable offensis, by thair becoming boundin and engadged as cautiounenis for the said Lord Maxwell in divers sowmes of money at suche tyme quhen boith they could hardlie haif refused thair cheif in ony suche burdyne and quhen utherwyse they had no cause to dispair of thair releif. Bot now by this forfeiture thay ar so straited by thair creditounis, being not onlie denuncit and put to the home, bot also thair land is comprised, so that thay ar broght to extrame miserie, and the young childrene belonging to boith of thame being to the number of xxiiii at least, ar forced

1191 1192

Register of the Privy Council 1st Series IX 459. Register of the Privy Council 1st Series IX 603.

500

456 now in a verie hard conditioun to demand the cheritable help of otheris, wheras ther wes formarlie no suche feare of thair want gif thair parentis had not fallin within the compasse of this mishap. And thairfore in the petitioun exhibited thay doe humblie entreate that we wald be pleasit to bestow on thame some yeirie continewance by tak of these customes laitlie renewed to be taikin of goodis or cattell in the West Marche betwix the two kingdomes, ather exported or imported to or fro ather kingdome, that so thay may thairby obteyne releif of thair engadgementis, all other meanis thairof being removed, since we hail otherwyse disposed of the said Lord Maxwellis whole landis. Wherein we do pitie the case and conditioun of these honest men, and would willinglie affourd thame my reasounable favour where thair is no prejudice or hurte to oureself. Yet we have thocht meit heirby to will and require you (not knowing what this mater demandit can importe) to certifie and adverteis us of the conditioun and state of the same, so as thairupon we may extend our libertie to these petitioneris for supplie of this thair so urgent necessitie and preventing of thair utter ruine and overthraw, in such measour, proportioun, and efter suche forme and maner, as we sall hold fit and expedient. And so bidis you fainwele. Sic suprascribitur. James R., Royston, 18 April 1611. Unfortunately for Edward, the Privy Council could not see their way to support the request: while acknowledging his Majesties most gratious and cheritable dispositioun towards these two gentilmen whome (they) wald be verie glaid lykewyse to see relevit, they considered that the proposed tack would be to his Majestys grite hurte and prejudice, that these dues, being but recently imposed, and their value, therefore, largely unknown, his Majesty might be granting very much more than he intended: moreover it would set a most unfortunate precedent to a number of importunate

501

457 persons1193. The King, who was by this time, clearly tired of the whole business, but, feeling that, as the whole of Lord Maxwells estate had fallen to him as a windfall, he was at least under a moral obligation to assist Edward and his co-guarantor, appears to have accepted their advice but instructed them to find some suitable means of settling matters. The Privy Council records tell us nothing more but the Book of Carlaverock1194 states that at about this time Edward Maxwell obtained the lands of Keltoun and Halmyre in the parish of Keltoun, part of the forfeited estates of Lord Maxwell. It may well be that by the gift of these lands King James VI considered his obligation to Edward settled. However it may have occurred, Edwards finances appear to have recovered, at any rate, partially, and in 1624, on the occasion of the marriage of his son and apparent heir, John, to Elizabeth Logan, he was able to make a substantial landed settlement on the lady worth 2400 merks yearly to her. John himself came under obligation to pay sums up to 24,000 merks to the children of the marriage and Elizabeths tocher of 10,000 merks was, no doubt, very helpful too1195! In addition to his extensive properties in the Stewartry, mentioned in the above marriage settlement, Edward also owned property in Wigtownshire, namely, the lands of Laroch, Skelloch, and Barmaill, in the parish of Kirkmaiden: these may perhaps have come to him through his mothers family, as also the lands of Ochiltrie and Killuchatt in the parish of Penynghame. In 1633 the ownership of these latter lands

Register of the Privy Council 1st Series IX 608. Book of Carlaverock I 319. 1195 Ardwall Papers 1313.
1193 1194

502

458 involved him in a fracas with some of the tenants against whom he had obtained decreets of removing. A complaint to the Privy Council shews 1196 that in May of that year, Edward, his three sons, William, James and Robert, and two friends, John Lindsey of Achinskeoch and James Maxwell of Knock, were at the Crewes of Crie when, one night, Alexander Dunbar of Achingalie, Robert Dunbar, his son, John McKe, called of Glassok, and a number of others, armed with swords, lances, great stings and other invasive weapons, came to the house where Edward and his friends were, broke up the doors, came into the chamber where they were and sought to take their lives, which they would have done were not (Edwards) awne better defence and help of some people in the hous. They sware manie execrable oaths that no man sould possesse the landis foresaid without thair consent and that they would respect no letters nor law of the Kingdome nor anie proceeding that could be used againis thame: and as yitt thay keape and deteane the said landis and hes fortified the houssis of the same with all sort of men and provisioun. The Lords found that John McKie of Glassok had come to the chamber with a drawn sword, committing thereby a great offence, for which they ordered him to enter into ward in the tolbooth of Edinburgh. But they acquitted the rest of the defenders as the witnesses proved nothing against them. The lands of Laroch, Skelloch, and Barmaill were sold in 1643 to John McCulloch of Myretoun1197 who sold them the following year to

1196 1197

Register of the Privy Council 2nd Series V 150. Calendar Myrton Writs (Reid) I 94.
503

ARMORIAL BEARINGS ON HILLS CASTLE 1. Royal Arms of Scotland 2. Maxwell of Hills

3. Sir John Maxwell Lord Herries

4. Edward Maxwell and Agnes Maxwell

504

459 William Maxwell of Munreith1198. The sale by Edward was, no doubt, a forced one, for, by this time his finances were once more in a deplorable state. That, however, is another story which will be told later. Edward Maxwell died in the latter half of 16431199 1200. He must have been upwards of 80 years old and had been laird of Hills for 74 years: it is sad to relate that at the time of his death, he was, in the picturesque language of the day, rebel to any moveables and his escheat was gifted 1201, in modern parlance, bankrupt. He had survived his eldest son, John, and was succeeded as head of the family, though not in the property, which was in the hands of creditors, by his grandson, Edward Maxwell. Edward, the grandfather, was married twice. Of his first wife, only the name survives1202. She was Agnes Maxwell and her arms and initials, with those of her husband, are on one of the panels on Hills Tower. From these arms, and from the presence, also, of the arms of Sir John Maxwell, Lord Herries, there are grounds for supposing her to have been of that family. Edwards second wife was Janet Herries, daughter of John Herries, fiar of Terrauchtie1203. By his first wife, Edward had, so far as is known, the following issue:
1.

John Maxwell, of whom hereafter.

Calendar Myrton Writs (Reid) I 98. Calendar Myrton Writs (Reid) 94. 1200 Ardwall Papers 1312. 1201 Ardwall Papers 1446. 1202 Milnehead Papers. 1203 Ardwall Papers 1286.
1198 1199

505

460 2. James Maxwell. His name appears frequently in the Hills records and he is usually described as servitor to Mr. John Gilmour, Advocate, though sometimes as a notary. He was one of the creditors on the estate and his part in that complicated business will be related in due course. In his later years he himself became involved in financial difficulties1204 and on one occasion, in 1658, he was incarcerat in the prisone hous of Drumfreis at the instance of John Coupland, a bailie of that town. From this predicament he was rescued by the efforts of his nephew, Edward 1205. For a time he appears to have been in partnership with his brother, William, in a tack of Hills, but this they agreed to give up to their sister-in-law, Elizabeth Logan on condition that, should her husband, James Logan, survive her, he, in his turn, would reinstate them. James Logan survived his wife, but refused to implement his bargain and William and James had to take legal action against him1206. James Maxwell must have lived to a good old age for he was still alive in 16801207. 3. William Maxwell is mentioned on numerous occasions as a witness between 16241208 and 1209 1668 . He had a son, William1210. 4. Robert Maxwell who, in 1618, married Marion, daughter of Andrew Arnot of Barcapill and Barbara Geddes, his wife. Edward Maxwell of Hills settled on Robert and Marion the 10 merk lands of Nether Koltoun in the parish of Keltoun, and the brides parents the 8 merk lands of Over Barcapill in the parish of Tungland1211. It may be observed that, when Roberts elder brother, John, married Elizabeth Logan in 1624, the same lands of Nether Keltoun were settled in his marriage contract 1212. The inference is that both Robert and his wife were dead by that time and had no children.

Ardwall Papers 1411. Ardwall Papers 1395 et seq. 1206 Ardwall Papers 1401. 1207 Ardwall Papers 65. 1208 Ardwall Papers 1313. 1209 Ardwall Papers 1417. 1210 Ardwall Papers 1407. 1211 Terregles Muniments. 1212 Ardwall Papers 1313.
1204 1205

506

461
5.

Edward Maxwell who is mentioned as a witness in 16341213.

By his second wife, Janet Herries, Edward Maxwell had 4 children, whose mere names survive1214:6. 7. 8. 9. Charles Maxwell. Alexander Maxwell. Thomas Maxwell. Janet Maxwell.

In addition to the above, he bad the following illegitimate, or, as they are more prettily called in old Scots, natural children:10. 11. 12. Robert Maxwell in Lochruttoungait1215 1216. John Maxwell of Newlands1217. Alexander Maxwell.

13. Janet Maxwell who married in 1615, John Hairies in Glesters, and had two sons, William and Alexander1218. JOHN MAXWELL, APPARENT OF HILLS Little more can be said of John Maxwell than that in 1624 he married Elizabeth Logan, daughter of John Logan, Portioner of Restalrig, and Elizabeth Cuhippo, his wife, daughter of John cuhippo of Traitoune1219, and died in July 16351220, thus predeceasing his father by some eight years. He had the following issue:1. John Maxwell,1221 who was alive in 16431222 but dead by 16571223.

Ardwall Papers 1314. Ardwall Papers 1286. 1215 Calendar Myrton Writs (Reid) I 87. 1216 Ardwall Papers 63. 1217 Milnehead Papers. 1218 Ardwall Papers 1293. 1219 Ardwall Papers 1313. 1220 Ardwall Papers 1379 1221 Ardwall Papers 1314. 1222 Milnehead Papers. 1223 Ardwall Papers 1379.
1213 1214

507

462 2. Edward Maxwell, of whom hereafter.

3. Agnes Maxwell, of whom also hereafter. She married, first, her cousin, John Logan of Burncastle, who died in 16701224 leaving 4 children, George, John, Elizabeth and Isobel1225: and, second, Robert Drummond, brother of Sir William Drummond of Hawthornden, who predeceased her, without issue, about 16911226. After the death of her first husband, her brother, Edward, was appointed tutor1227 to her eldest son, George Logan, heir to Burncastle in Lauderdale, and ancestor of the Logan families of Edrom, Edrom Newton, and Broomhouse 1228. Edward, it is to be feared, proved himself a niggardly tutor, and refused, without official sanction, to pay any allowance, either to his ward or to the latters brother and sisters. Agnes accordingly petitioned the Court of Session1229 for a yearly allowance of 300 merks for George, and 100 for each of the other three children, which she considered to be bot a competent allowance and suitable to their conditione and qualitie: her husband had left an estate worth 3000 merks yearly of which she had the liferent of only 800: and the three younger children had only 8000 merks between them. The Court ordered Edward to pay 200 merks yearly to the heir, and 400 for the other three children. Edward was discharged from his tutorship in 15821230 presumably when George came of age. George, in his turn, proved somewhat miserly in his treatment of his younger brother and sisters and, in July 1687, his mother wrote to her brother, Edward1231, George will give Elizabeth no more but 40 lib. to buy her cloaths which troubles her much and I fear she take melancolie for this and that there is none to own her, for 40 lib. will not do what she stands in need of.

Ardwall Papers 1336. Ardwall Papers 1341. 1226 Ardwall Papers 1349. 1227 Ardwall Papers 1334. 1228 History of the Logan Family (Logan Home). 1229 Ardwall Papers 1336. 1230 Ardwall Papers 1341. 1231 Ardwall Papers 1346.
1224 1225

508

463 A letter from John Logan to his sister, dated 9 June 1687, also confirms this, Loving Sister, I am glade to hear you are in good health. I have received no answer of that letter which I wrote with you to my unckle concerning my clothes. I would not have expected of you that you would have been so carelesse in threatning my unckle and putting him to mind, and knowing my present necessitie that I am whollie raged and torn and have not ane shoe to putt upon my foot nor stocking to putt one my legg, for lack of these things is the onlie cause of my disobedience to my maister and truelly I will stay noe longer in such a condition as I am in. I am perfectlie in dispair because of the conditione I am inn for my brother hath casten out with mee and I have of nothing imaginable, And tell him if he doe not come shortlie and either bring or send mee ane precept on some of the tennants for clothes, I cannot nor will not continue in this conditione which I am in. So I intreat either if you will not send me money to get cloathes, otherwayes write to my brother to furnish mee them the first answer that I get that I know the best and the worst of it. Noe more att present, Your Loving brother till death, J. Logan.1232. George Logan married in 1695, Isobel, daughter of James Douglas of Pinwherry, and died in 1731: details of his descendants will be found in the History of the Logan Family. 4. Isobel Maxwell married, first, William McKittrick, Merchant and Burgess of Dumfries1233 by whom she had a daughter, Elizabeth, spouse of Stephen Irving, bailie of Dumfries1234. Isobel married, second, in 16761235, George Murrey, afterwards in Riddings1236, brother of William Murrey of Moriquhat. Isobel was alive in 16891237 but dead by 17071238.

Ardwall Papers 1347. Ardwall Papers 1384. et. seq. 1234 Ardwall Papers 1360. 1235 Ardwall Papers 1364. 1236 Ardwall Papers 1366. 1237 Ardwall Papers 1365. 1238 Ardwall Papers 1366.
1232 1233

509

464 The marriage of John Maxwell to Elizabeth Logan was the first introduction to each other of their two families who were destined to be so closely connected with each other, both by marriage and financially, over the following half century or more. Indeed, without some information as to the Logan family it is almost impossible to follow the Hills family through their complicated money troubles. It has, therefore, been thought necessary to interpolate here a short account of the Logan family. An account of the family has been published from which the following facts, except where otherwise stated, have been taken. This account, however, must be treated with some caution: it is inadequately vouched and, so far as it has been possible to check it with original documents in the Ardwall Charter Chest, appears to be inaccurate. The Logan family are stated to have owned the barony of Restalrig, including most of what is now Leith, since the 14th century. They also owned Fast Castle and other lands in Berwickshire, as well as lands in Ayrshire. Robert Logan, the 7th and last baron of Restalrig, was born in 1555 and died of plague in the Canongate of Edinburgh in 1606. He is alleged, unjustly, it is said, to have been involved in the Gowrie Conspiracy, for which, after his death, his body was exhumed and exposed to various indignities. His considerable estates and a fortune, too, of over 29,000, were forfeited. He was three times married and had a numerous progeny but of these only one concerns the present story. This was John Logan, described as Portioner of Restalrig. John Logan was a Roman Catholic and in 1609 was fined 1000 for hearing Mass. Possibly it was this common religious bond that first brought his family and the

510

465 Maxwells in contact with each other. He married Elizabeth, daughter of John Quhippo of Traitoune, and died prior to 1624, leaving two children1239. He had two other children, both born at Leith, James, on 26 July 1611, and Andrew, on 11 December 1616, but both appear to have died in childhood 1240. The two who survived were :1. George Logan, who, in 1640, married Isobel, daughter of Captain Ludovick Fouller of Burncastle in Upper Lauderdale, and his wife, Jane Cathcart 1241. This was Tibbie Fouller, heroine of the old Scots song which begins Tibbie Fowler o the Glen, Theres owre mony wooin at her, Tibbie Fowler o the Glen, Theres owre mony wooin at her, Wooin at her, puin at her, Courtin her and canna get her, Silly elf, its for her pelf, That a the lads are wooin at her. The song appears to have been written by a disappointed suitor and one must conclude that George Logan only won his bride in the face of stern competition! George Logan died in 1645: he had four children, of whom two, Sophia, and Jean, who married Stewart of Minto, do not concern the present narrative. The other two were John Logan of Burncastle, of whom mention has been made previously, and Isobel Logan, who later married Edward Maxwell of Hills, and of whom more hereafter. On the death of their father, John and Isobel were placed under the tutorship of their

Ardwall Papers 1313. Ardwall Papers 1313. 1241 Ardwall Papers 1391.
1239 1240

511

466 granduncle, Archibald Logan1242, presumably a son of Robert, 7th baron of Restalrig, and brother of John, the Portioner of Restalrig, although he is not mentioned in the Logan History. Archibald was removed from his tutorship by the Commissioners of Justice to the People of Scotland in December 1653 and replaced by James Logan1243. The latter, as will be seen later, was uncle by marriage to the young John and Isobel, and also, probably, a cousin. He was a son of William Logan of that Ilk 1244 but is not mentioned in the Logan History. It seems probable, however, that William of that Ilk was yet another son of Robert, the 7th Baron and James, therefore, a first cousin of George Logan, father of the wards. 2. Elizabeth Logan was born on 3 January 1609 at Leith and married in 1624, when she was little more than 15, John Maxwell, apparent of Hills. Her marriage contract 1245 gives evidence either that a substantial residue of the Logan family fortune had eluded the forfeiture of the 7th Baron, or that her mother, Elizabeth Quhippo, possessed a large fortune. Not only was the handsome tocher of 10,000 merks settled on her but it was expressly stated that, should her brother, George, fail, she was in appirance to succeed to him in the sum of twantie thousand pundis. Elizabeths first husband, John Maxwell, died in 1635, and her family by him has already been noticed (see page 507). She married, secondly, the above James Logan, son of William Logan of that Ilk, and had by him two sons, James, described as a merchant traveller in England 1246, and Charles, glover in Dumfries1247: also two daughters, Anna and Sophia1248.

Ardwall Papers 1372. Ardwall Papers 1372. 1244 Ardwall Papers 1381. 1245 Ardwall Papers 1313. 1246 Ardwall Papers 1432. 1247 Ardwall Papers 1458. 1248 Ardwall Papers 1413.
1242 1243

512

467 With this brief notice of the Logan family, it is possible to resume the story of the Hills family. Although Edward Maxwell appears to have made a partial recovery after the disastrous forfeiture of Lord Maxwell in 1608, he never fully recovered, and it is a fact that a number of these old scores were still unsettled in 16371249, among them, the debt to James Dalzell, who was by this time dead (see page 499). After the death in 1635 of his son, John, who had married a wealthy wife and was thus, no doubt, able to keep his aged father going, the unfortunate Edward was again involved in financial crisis. In that year his estates were apprised from him for debt by George Rig, merchant and burgess of Dumfries, and Marion Rig, his wife1250. Two years later, in 1637, a further apprising was led against the estate by James Maxwell, described as servitor to Mr. John Gilmour, advocate 1251. James was Edwards own younger son and it is difficult, if not impossible, to understand how he thus came to apprise his fathers estate. The transaction has the air of a collusive legal stratagem between members of the family. In 1640, Harie Osburne, W.S., led an apprising against James Maxwells interest in the estate1252 and matters were in this rather complicated position when Edward Maxwell died in 1643. On his death, under the liferent in the estate conferred on her by her marriage contract with John Maxwell, Elizabeth Logan and her second husband, James Logan, took up residence at Hills. James is frequently

Ardwall Papers 1303. Ardwall Papers 1298 et seq. 1251 Ardwall Papers 1305. 1252 Ardwall Papers 1305.
1249 1250

513

468 referred to as of Hills and seems to have arrogated to himself the position of laird. There are grounds for supposing that some of the tenants resented this and trouble ensued. In 1647 he was summoned by the Privy Council at the instance of Robert Miller in Lochfute, who complained that, he had been in peaceable possession of a croft of land in the parish of Lochruttoun for many years on a tack granted to him on 5 February 1634 by the deceased Edward Maxwell of Hills and the deceased John Maxwell, his eldest son. Yet, on 29 July last, James Logan, accompanied by certain soldiers and others, came to the complainers house armed with swords, staves, halberts, polwert axes, and other weapons, and most uncivilly and illegally broak up the complenaris doores, took down his crook, slokned his fire, and broak the haul insight and plenisching within his house, etc., and thairefter most cruellie and most unmercifullie stroak and abused the complenaris wyfe, gave hir many blae stroaks and trailled hir be the hair of the head to the doore, etc., etc.1253. With her to Hills, Elizabeth no doubt took her children by her first marriage, of whom, Edward Maxwell, afterwards of Hills, was at this time, a lad of about 18. Moreover, after 1564, when James was appointed tutor to John and Isobel Logan, his wifes nephew and niece, it may be supposed that they, too, were, at any rate, frequent visitors. Indeed, it may be hazarded that the appointment of James as tutor was only made on their mothers death when they were left orphans, and that they then came to live at Hills. It was certainly Isobels home in 16581254 and that at that time she was an orphan. If there is any substance in this guess, and if one may judge by results, it must have been a very happy home.

1253 1254

Register of the Privy Council 2nd. Series VIII 178. Ardwall Papers 1389.

514

469 As we have seen, John Logan eventually married his cousin, Agnes Maxwell, and her brother, Edward Maxwell, married Johns sister, Isobel. Shortly after 1650 James Logan appears to have conceived the idea of making himself the outright owner of Hills. To this end, in 1654, he acquired from Harie Osburne his interest in the estate, which included, of course, the interest of James Maxwell1255. Meantime, he and his wife, had apparently been maintaining themselves at Hills although Elizabeth, in terms of her marriage contract, had a sound claim to the rents of the estate during her life. James, therefore, induced her, in their joint names, to lead an apprising against Hills for the amount of these arrears, the total of which was upwards of 20,000 merks1256. James duly obtained his Charter of Apprising but his plans were rudely thwarted by the death of his wife soon afterwards, in 1658 1257 and the consequent necessity for him to remove himself from Hills. This was achieved, but not without difficulty1258. Soon afterwards, his ward, John Logan of Burncastle, came of age, and, suspecting that James had been mishandling his funds during his minority and there is some evidence that he had 1259 - in 1663 brought an action of count, reckoning and payment against him 1260. To this action, Edward Maxwell, now for some reason called of Hills, and John Logan in Armannoch, who were cautioners for James in his tutorship, were parties. John Logan in Armannoch cannot be precisely

Ardwall Papers 1373. Ardwall Papers 1379-1383. 1257 Ardwall Papers 1387, 1389. 1258 Ardwall Papers 1387, 1389. 1259 Ardwall Papers 1388. 1260 Ardwall Papers 1400.
1255 1256

515

470 identified: he appears to have been a close relative of James, possibly a brother. The action seems to have been successful for in the following year, in 1664, a crown gift of the escheat of James Logan was made to John Logan and the two cautioners. In plain English, James ambitious scheme had finished in bankruptcy. He died the same year1261. The position now was that John Logan of Burncastle was the only creditor on the Hills property, with the exception of the Rigs. George Rig, the merchant and burgess, was now dead and was represented by his widow, Marion Rig, who had married Mr. John Corsane of Bardarroch, and by his two daughters, Marion, wife of Robert Young, surgeon in Dumfries, and Elizabeth, wife of George Douglas, brother of Douglas of Stanehous1262. John Logan of Burncastle accordingly decided to acquire their interest and make Hills over unencumbered to Edward Maxwell and his wife Isobel, Johns sister. It was a most handsome gesture though it must be remembered that John and Edward were very intimately connected and, moreover, Isobel was due something from her brother as her share of their fathers estate1263. John, accordingly, in 1664, bought up the Rig interest in the estate 1264 and four years later, after the necessary tedious legal details had been attended to, made over the property to Edward and Isobel. Some outlying parts were sold, for instance, the salmond fishing of the

Ardwall Papers 1413. Ardwall Papers 1428. 1263 Ardwall Papers 1447. 1264 Ardwall Papers 1415.
1261 1262

516

471 Water of Nith under and above the Bridge of Drumfreis 1265 and in 1673 Edward and Isobel settled Hills on their eldest son, Robert, reserving the life interest to themselves. It, or, at least, the main part of it, was thus once more securely in the possession of the Maxwells though it was a fortunate day for the family when their path crossed that of the wealthy Logans. There is no record of what became of the other lands formerly owned by the family and it must be assumed that they fell irretrieveably into the hands of creditors. EDWARD MAXWELL (iii) of HILLS Some mention has already been made of Edward Maxwell, of his early years and marriage to Isobel Logan. This was a runaway affair, a Gretna Green marriage in reverse. For some reason unrevealed there was opposition to the match and Edward and Isobel went to England to be married. For this, Edward was fined but he appealed against this in a petition to the Commissioners in Scotland for the Government (this being in the days of the Commonwealth) which narrated that he is fyned by the Justice of Peace in the Sherrefdome of Wigtoune of fyve hundreth merks Scots for haveing gone into England with his present wyff for to marie thair... that he was necessitate thairto in respect that the minister of the parish whairin both he and his wyff levs (and still liveth) refused to proclaime them eftir severall addresses maid to them that thair parents being dead they were necessitat to goe to England knowing very well that noe minister in Scotland would marie them without they had been first proclamed... and praying to be liberated of the foresaid fyne1266. As a result of this petition the fine was substantially reduced from

1265 1266

Ardwall Papers 1441. Ardwall Papers 1389.

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472 500 merks to 60 Scots (90 merks)1267. It is curious to have to relate that Edward, whose grandfather and predecessor had more than once been in trouble for precisely the opposite offence, namely his papist activities, suffered a good deal as a covenanter. In January 1679 he and a number of others were charged with being present at house and field conventicles, and with hearing Mr John Welsh, Mr Samuel Arnot and Mr Gabriel Semple, all noted covenanting preachers. He did not appear and was ordered to be put to the horn and his goods escheat1268. In March following he was declared to be a fugitive 1269. He surrendered and was incarcerated in the tolbooth of Dumfries and from there transported to the tolbooth of Edinburgh 1270. He must, however, have succeeded in clearing himself as the Privy Council ordered his release on 24 July following1271. He was duly released the following day1272. A further petition by him in 1683 shews Sir William Ballantyne, one of the persecutors of the covenanters, in a discreditable light1273. William Whytheid of Howyeard, being a tenant of the petitioner and having run away to the unhappie rebellion in anno 1666, the deceased Sir William Ballantyne having obtained commission from the Lords of His Majesties Privie Council with the rebells goods, he, upon pretence thereof, did most unwarrantablie harrasse the haill cuntrie and extorted a great many bands blank in the creditors name from verie manie lozell and honest gentillmen and yeomens to a great and considerable vallue for which and his other great misdemanors he was thereafter convened before the Lords of Privie Counsell, convict and banished the Kingdom and the said bands were taken from him and put in the hands of the Clerk of Exchequer and the Counsell did then remit to a committee of their number to take trial of the cause of the granting of the said bands whereupon severall of them were gotten up and revoked: amongst the rest the said Sir William did most

Ardwall Papers 1390. Register of the Privy Council 3rd Series V 95. 1269 Register of the Privy Council 3rd Series V 649. 1270 Ardwall Papers 1434. 1271 Register of the Privy Council 3rd Series V 292. 1272 Ardwall Papers 1434. 1273 Ardwall Papers 1443.
1267 1268

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473 unwarrantablie apprehend the petitioner and most inhumanlie used him and detained him until he was necessitat to grant ane band of 400 merks blank in the creditors name upon pretence that the petitioner had intromitted with the said William Whytheid his goods, albeit the petitioner ever was and yet is most willing to depone that he never intromitted with a farthing belonging to the said rebell bot als much as satisfyed and paid him ane years rent due by the rebell to him immediately preceding the rebellion, which the petitioner humblie conseaves he might have most warrantablie have done conform to the laws and Acts of Parliament of this Kingdome whereby a tenents goods are hypothicat to the master for securitie of years rent as to which he is preferable to all other persons quhatsomevir and seeing it was verrie hard to trouble the petitioner upon this band which was so unwarrantablie extorted in manner foresaid: and praying their Lordships to ordain the said band to be given up to the petitioner. In 1685 Edward Maxwell was again in trouble: this was during the Killing Time when the persecution was at its height and even suspected covenanters were apt to receive very short shrift. That Edward managed to clear himself of the scrape, an Act in his favour by the Lords of the Privy Council shews1274. The Act narrated that Edward had presented a petition stating that he was, a prisoner in the tolbuith of Kirkcuclbright and that he had been examined upon oath for resett and converse with Gilbert Welsh in Bank, a fugitive, sometime the petitioners cottar, and deponed negative thereanent in regard the petitioner did put him off his ground and immediately upon his not compearing at the Justice Air in July 1683 for which he was declared fugitive, only the said Gilbert his wife being at that time bedfast through seiknes and haveing continued so for a long time thereafter, the petitioner having come several times to cast her out wes upon the account of humanitie for a tynie deferred therfrae until she recovered whereupon he did instantlie cast her out and pulled doune the hous and never saw her since: and the petitioner having been

1274

Ardwall Papers 1447.

519

474 convened before the Honourable Lords Commissioners of the last Justice Air at Kirkcudbright, he was fyned in thrie thousand merks and committed to prison flier till it was payed, where he has still been prisoner since for the space of ten weeks bygone or thereby, almost without the benefite either of bed or fyre, the prison being so inconvenient and the place so scarce of fewall so that the petitioner being aged about 60 years and upwards and verie infirm and seiklie and the cold of the winter being exceeding great in the foresaid place where he is he will not be able to subsist under the present circumstances but may expect his dayes will shortlie be brought to a period: and the petitioner being a poor man, having but a small part of his predecessors estate, purchased by his wifes tocher and whereof he is only a naked lyferenter, the fie thereof being in his sons persone, and having many children: and lykewyse seeing he did most cheirfully subscryve the bond for a voluntar supplie to his Majestie, and hes now and also before taken the Test and for ane further evidence of the petitioners loyaltie and of his abhorrence of all opposers and contemners of his Majesties authoritie, when the rebells of late came to Kirkcudbright and most insolentlie sett open the prisone doores, the petitioner absolutelie disowned them, withdrew from them and, notwithstanding that he might have had his libertie, he refused to accept and delivered himself up to Collonell Graham of Claverhouse who, a little thereafter, came there upon persute of the said rebells, as the said Collonell Graham could testifie to their Lordships: and humbly supplicating that the Council would be pleased to commiserat his condition, who, by reason of the inconvenience of the said prisone, and of the seasone of the year, will be much endangered as to his life: and that therefore the Council would be pleased to allow the supplicant to be at libertie for such a time and upon such termes as the said Council should think fit: as also that the petitioner being but a naked lyferenter of an estate not worth ane thousand merks yeirlie, and so utterly incapable to pay the foresaid fyne, although he should remain in prison until his death: and the petitioner being so innocent that the Councill would so far compassionat the petitioners case as most graciouslie to take off the said fyne in regard of the exigencie of his condition. The petition had been remitted to the Earl of Drumlanrig and Laird of Claverhouse who had found the facts stated to be correct and

520

475 recommended that 2000 merks of the fine should be remitted and that the other 1000 merks be keeped over his head unexacted untill it appears what his future good behavious shall be: and that Edward should be set at liberty. The Privy Council accepted these recommendations and their Act accordingly gave order to this effect. It may be suggested that it was hard on Edward that he should thus be made responsible for the acts of his tenants over whom he might have little or no control. There was, however, something to be said for the other point of view. It was easy for a laird to send out his retainers, perhaps under a convenient cadet, while he himself sat cannily at home until the cat had jumped. In spite of his seiklie state, Edward Maxwell survived these tribulations and lived another 25 years. He passed his declining years in the pleasant pursuits of a country laird. The Ardwall records give frequent testimony to his interest in estate matters: he argued with neighbours about marches, a matter of frequent dispute in those days before fields were enclosed by dykes and fences 1275: he chased the local cottars for stealing timber out of his woods1276, acted as mediator in disputes between them1277, and so on. He took an interest, too, in parish affairs1278, including the building of the kirk, an operation which involved him in a dispute with John Thomsone and his son, sclaiters in Dumfries, over payment for some work which they had done1279.

Ardwall Papers 1430. Ardwall Papers 1448. 1277 Ardwall Papers 1450. 1278 Ardwall Papers 145l. 1279 Kirkcudbright Steward Court Processes.
1275 1276

521

476 He was also a sheriff depute1280: in this capacity, on one occasion, it was his duty, and, no doubt, pleasure too, to be one of a party, which included his son-in-law, David McCulloch, ordered to disarm sundry papists, mainly Maxwells, in the neighbourhood of Dumfries1281. It may be wondered whether he appreciated that most of them were probably the grandsons and great-grandsons of his own grandfathers friends at Jesuit orgies with old Gilbert Broun, and comrades in arms against the Johnstones! As depute, it fell to Edwards lot to try a case involving witchcraft. The charge, which throws some interesting light on the customs of the times, is worth repeating. It was at the instance of one, Janet Henderson, and stated that, wheir the said Jonet Henderson in Hillhead of Cowans haveing leived in good fame, name and reputation wt hir neighbours at home and others abroad as ane testificat under the hands of the most eminent men in the parish of Kirkgunzeon heirwt produced, and haveing gone to the hous of -- to see who wold contribute to hir necessities being upwards of four score yeir old, decrepit, infirm, and now overtaken wt povertie: and as she was entering the said house she accidentally mett wt John Makjore in Meikill Cocklikk who for renewing the acquaintance that he had of hir asked hir kindly how she did and offered his hand to hir as the ordinar custom and sign of love wch she as kindlie on the other pairt receaved and returned him heartie thanks eftirwhich and several oyer demonstrations of neighbourlie respect they parted. Shortlie theraftir the sd John Makjore was seised upon by the hand of God wt ane high feaver who no sooner than finding himself in agonie and pain butt most impatientlie and not as a christian but rather as one yt God had left to himself, never remembering it was his maker he had to deal wt cried out in a most furious manner that Jonet Henderson had bewitched him. This being often and frequentlie repeated James Broun, William Makjore

1280 1281

Kirkcudbright Steward Court Processes. Register of the Privy Council 3rd Series XIII 539.

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477 and Jon Welshe at the suggestion of Agnes Hannay his wife and at his own earnest intreaties went in a most unseemlie manner as if they had been to cane ane condemned of the highest of crimes to the place of yr execution and violentlie carried away the said Jonet from hir own hous yr she had lived wt sobrietie and peice these fourtie yeirs past to the house of the sd Jon Makjore telling hir all the way that she having bewitched Jon Makjore behoved now to pray for him, promeising to ymselves that it was in hir power to recover him wch in effect deneys the power of the Almightie. And the said Jonet having all the road, being three miles, laboured under yt infamous aspersion, nevertheless in compliance to yr desire taking God to be hir witness she knew no witchcraft yett she wold willinglie pray for the said Jon Makjores recoverie as all good christians ought for yr distressed neighbours and as she was entering the house in order to this she was mett by the said Agnes Hannay, spouse to the sd Jon Makjore being injoyned by hir husband and eftir having cried out and called hir witch verrie frequentlie she in most barbarous and inhumane manner laying aside fear of God and law of man, cutt the poor infirm upon hir foirheid and gave hir a wound both long and deep qch occasioned hir to effuse so much blood out of hir decayed and emptie vessel that... Whairthrough the said Jon Makjore and the others have not onlie contravened the laws of this kingdome, civill and canonicall, by most calumniouslie aspersing the said Jonet wt the high crime of witchcraft and taking away hir good name in manner foirsaid qch is dearer to hir yn hir life. Janet claimed damages and punishment for the offenders and it says something for Edward Maxwells enlightenment that he awarded damages of 10 Scots to the poor old woman1282. Edward was alive on 26 May 17101283 but dead by 7 November 17111284. Assuming that he died in the early part of 1711, he was about 86 years old and it was 142 years since his grandfather and predecessor had succeeded to the estate.

Kirkcudbright Steward Court Processes. Ardwall Papers 1467. 1284 Ardwall Papers 384.
1282 1283

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478 By his wife, Isobel Logan, he left five children who will be noticed hereafter in turn. 1. Robert Maxwell of Hills. Of Robert Maxwell no more can be said than that he carried on where his father had left off, that is to say he lived the life of a quiet country laird, keeping a considerable part of his estate in his own hand and farming it himself1285. He died unmarried in April 17171286. 2. Edward Maxwell (iv) of Hills. Edward Maxwell was a surgeon by profession for the greater part of his life and at his death the inventory of his estate included a parcel of chyrurgicall instruments worth 7/-1287. He was in practice at Wigtoun in 17041288 but at about this time went to the West Indies where he was still living when he succeeded to Hills on the death of his elder brother, Robert. There was thus no authorised person to manage the estate and his two surviving sisters accordingly presented the following petition to the Court of Session for the appointment of their nephew, Edward McCulloch, as factor1289. The deceased Robert Maxwell, their brother german, having died in April last bypast without making any will or settlement of his affairs and never married, whereby his estate descends to Edward Maxwell, his only brother, who went abroad to the West Indies about 14 years ago, and, as the petitioners are informed, is alive but not married, whereby, in case of his death, his estate, which is about 1000 Scots yearly, would descend to them and to the eldest son of the deceased Isobel Maxwell, their sister: and it being unknown to the petitioners when their brother might return, or what place he is in, so that they might have an opportunity of acquainting him of his brothers death, and to receive his orders for managing his affairs, which if not taken care of, though the debt be very inconsiderable, and below the value of his moveable estate, yet there having been a considerable part of the estate in the defuncts own hand and laboured and sown before he died and a stock

Ardwall Papers 1469. Ardwall Papers 1469. 1287 Ardwall Papers 1491. 1288 Ardwall Papers 1468. 1289 Ardwall Papers 1469.
1285 1286

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479 of cattle upon the ground, will be a very considerable loss to their brother, and his affairs go into confusion: and there being a wood upon the estate and nobody to take notice of it, the same is daily cut and destroyed by those in the neighbourhood, etc., etc. The petition concluded by praying for the appointment of Edward McCulloch as factor and this was duly granted. He was, however, released from his office in June the following year on Edward Maxwells return to Scotland1290. Edward Maxwell wasted no time in providing himself with a bride. The lady of his choice proved to be Janet, daughter of Edward Goldie of Craigmuie, and his wife, Mary Gordon1291. The marriage contract is dated 23 September 1718 and presumably the wedding took place at about the same time. There can be little doubt that Janets object was Edwards money. He was elderly, being sixty or thereabouts, and a martyr to gout: she cannot have been even as much as 17 1292. Her marriage contract secured her a very reasonable provision but she must often have regretted signing this document: it was later to prove a serious inconvenience to her. It did not take her long to appreciate that Edward was what an insurance company terms a bad life. She also fell in with the crafty Provost of Dumfries, James Corrie, whose brother, the lawyer, Joseph Corrie, married Janets sister, Jean. There is no evidence that there was actually a plot between them, but what transpired, and the subsequent behaviour of Janet and the Provost, certainly lend colour to the belief that there was1293.

Ardwall Papers 1473. Ardwall Papers 1474. 1292 McKerlie III 85. 1293 For what follows see Ardwall Papers 1498-1511.
1290 1291

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480 By the Spring of 1722 it was obvious that Edward Maxwell would not last long. He was so afflicted with the gout that he had no use of his arms or legs and was never able to come abroad but when he was supported. Janet and the Provost had to act quickly. Their object was to extract as much of Edwards money as possible. They knew that by the marriage contract Janet would be limited to an annuity and that anything on which she had not laid her hands by the time he died, would go with the estate to his heir. Now, the timber on Hills was extremely valuable, and if still growing and unsold, would pass at Edwards death with the estate. It was essential that Edward be induced to sell this timber, preferably to the Provost, and, as a precautionary measure, in case of accidents and the proceeds went with the estate to the heir, at as small a price as possible. It proved to be a wise precaution! None the less, a good deal of money was required. Provost James according raised a syndicate of Dumfries worthies to finance the purchase. Doubtless, they all knew what was afoot: they were William Martin and John Brown, both relatives of Janet, and John Gordon, their partner. Edward Maxwell, having directed that the wood should be sold by auction, the next step was to fix the sale. This was comparatively simple: a notice of the sale was duly inserted in the Gazette, but when intending purchasers appeared, some of them from far afield and prepared to pay as much as 25,000 merks, they were informed that the sale was cancelled. The timber merchants of the day appear to have been a good deal more gullible than they are now, or, perhaps, the Provost had means of persuading them. As soon as their backs were turned, he

526

481 and his friends concluded a purchase of the wood at 16,000 merks. The contract was dated 27 May. The next problem for Janet and her friend was that of the will. This was not easy as poor Edward was now within a few days of his end and was so far gone that he not only did not know what he was about but was unable even to hold a pen. It was therefore executed notarially for him by Joseph Corrie, the lawyer. It was an optimistic effort, for the Provost and his friends cannot seriously have hoped to avoid opposition to a will notarially executed by a person so clearly conjunct and confident. As events proved, they did not. The will, of course, left everything, including the price of the wood, to Janet, subject to a few trifling legacies to the testators nephews and nieces, the Boyds, which were, possibly, only inserted for purposes of camouflage. It was dated 11 June. A few days later, on 17 June, Edward died and his so-called will was produced. But perhaps Janet and the Provost had omitted from their calculations that there was also a lawyer on the other side. This was Edward McCulloch. Moreover, he soon became the other side for Agnes Maxwell, who succeeded as her brothers heir, was an elderly lady, recently widowed, and did not wish to be troubled with the management of a landed estate. She therefore made over all her rights and interest to her nephew, the next heir. Edward McCulloch was a reasonable and peaceable man and made some overtures for a friendly settlement, writing to Provost Corrie that he was hopeful they might come to compromise the matter over a bottle of wine betwix themselves. But his efforts were unavailing and the case came to the Court of Session. Edwards case was much the stronger

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482 and Corrie had no real defence against his allegations beyond some legal quibbles and purely tactical arguments. The court heard a good deal of evidence and the case was debated at length. Eventually judgment was given that the will should be reduced as being made on deathbed and to the prejudice of the heir but that the sale of the wood should stand as being made in the normal course of estate administration. The price, therefore, passed with the estate to Edward McCulloch, and Provost Corrie was left to make such profit as be could from having obtained the woods, by downright roguery, at considerably below their real value. He was thus foiled of the full fruits of his scheme but emerged from this discreditable transaction much more profitably than he deserved. It only remains to add that Janet, and the Provost were married before Edward Maxwell was well cold in the grave. She bore him a numerous brood and, if they did not live happily ever afterwards, she, at least, survived another 40 years during the whole of which time she drew a most undeserved annuity of 800 merks1294. In the light of the foregoing it is not without interest to read the epitaph on the Provosts tombstone in St. Michaels Kirkyard, Dumfries1295. Here lyes James Corrie of Speddoch, merchant, who often enjoyed and faithfully discharged the office of chief magistrate within this burgh. During a long and deserved trust he acted with prudence and moderation and a steady zeal for the public interest. Active, assiduous and enterprising he happily devised and successfully pursued the most commendable methods in business, revived declining trade, and by

1294 1295

McKerlie III 85. Memorials of St. Michaels 310.

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483 his example stimulated an industrious emulation in others. In every respect, for it was his ambition, he truly promoted the general weal. Having joined to an unblemished integrity those rare abilities which rendered him amiable and useful in life, in death justly regretted as a good man, a sincere friend and worthy citizen. He died November 8 1742 aged 59, Also Janet Goldie his spouse who died 27 June 1762, aged 61 years, a wife worthy of such a husband. The last few words are particulary apt. De mortuis nil nisi bonum! With this digression one may return to a consideration of Edward Maxwell of Hills. He had married and set up house there but he found it, apparently, too small or too inconvenient for his, or perhaps his wifes taste. He accordingly entered into a contract with John Selchrig, mason in Cairn, to build him, ane good and sufficient house and join the same to the south east end of his house of Hills (and specifying the dimensions etc.): he being to take down the house then possessed by the said Edward Maxwell on the east side of the closs, and to fitt and repair the stones, timber and slate thereof for building the foresaid new house so far as they will serve: on the other hand Edward is to provide and have in readiness all materials etc. for building the said house, over and above those referred to, and to pay the second party 900 merks Scots at terms specified. The contract was dated 24 April 17211296. Apart from a number of tradesmens accounts and estate papers, little other record of Edward Maxwell remains. Of the latter, one item is worthy of record. It is a so called undertaking by James Crockat, tailor in Rockhill and reads1297,

1296 1297

Ardwall Papers 1488. Ardwall Papers 1481.

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484 Forasmuch as I am to reside in the lands of Howyard in the paroch of Lochruttoun with permission of Edward Maxwell of Hills, in regard of my aptness to fall into debates, quarrels and controversies with my neighbours and others, therefore I bind and oblidge myself .... that I shall live in all good agreement and peace with my neighbours etc. .... and shall give no manner of just ground for offence to any person either by indiscreet language, scolding, quarrelling, giveing of ill words, nicknames, or by hounding and beating of my neighbours, drinking, drunk, unreasonably haunting of alehouses, swearing and cursing, or wishing of imprications, speaking ill of people: and that under the penalty of 20 Scots for each offence. As had been seen, Edward Maxwell died on 17 June 1722. Considering the date, it is curious to find that one of his medical attendants at the end was a Frenchman, Docteur Philippe Francois de Bazin who wrote a report on his condition in French1298. 3. Agnes Maxwell of Hills

Agnes Maxwell, eldest daughter of Edward Maxwell and Isobel Logan, married in 1701 1299 Mr. James Elder, Minister of Keir. He had come originally from Ireland and was a young man, ready to be taken on trials at the first meeting of the presbyterian ministers in the Lothians after the Toleration of 6 July 1687. He was ordained at Penpont on 29 May 1691 and died early in 1722 1300. Agnes Maxwell was his second wife. His first was Elizabeth Porteous who is buried in Old Keir Kirkyard where her gravestone carries the following inscription :-

Ardwall Papers 1490. Ardwall Papers 1494. 1300 Fasti II 288.

1298 1299

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485 Heir lyeth the corps of Elisabeth Porteus spos to Mr. Iames Elder Minister at Kir who departed this lif the 11th of Agust 1701 year. If it be askt whos corps are here interred Its ansueard thus a matrons who preferrd Zions welfare to al transient things And in Christ were al her solacing springs. The reverend gentleman evidently did not languish long a widower! On the death of her brother, Edward, in June 1722, Agnes succeeded to Hills, but as we have seen, being an elderly lady and only recently widowed, she did not apparently wish to be troubled with the management of a landed estate, and forthwith made over her rights and interests to her nephew, Edward McCulloch1301. She survived eleven years and died, the last of the Maxwells of Hills, at Dumfries on 24 April 17331302. In her will, she, recommended and entirely resigned herself, soul and body, in the hands of God Almighty, the great and bountiful Creator and Redeemer, and declared that all her hope of salvation depended only upon the free love and mercy of God and the merits and intercession of Jesus Christ, her Saviour, and, directed that she should be buried in Lochruttoun Kirkyard. She appointed Edward McCulloch to be her executor and left legacies to all her nephews and nieces, and to the poor of the parish of Lochruttoun. One specific bequest worthy of particular mention was that to Edward McCulloch of her gilded bible (worth 2 /6). This bible had originally belonged to her great grandparents, Ludovick Fouller and Jane Cathcart, whose initials, in the form of a monogram, are worked in

1301 1302

Ardwall Papers 75. Ardwall Papers 1518.

531

486 gold and silver thread on the cover. From them it descended to their daughter, Isobel, the celebrated Tibbie, and from her to her daughter, Isobel Logan, mother of Agnes. This old bible is still preserved at Ardwall. 4. Isobel Maxwell

Isobel Maxwell married David McCulloch of Ardwall1303. She predeased both him and her own father prior to 17101304 leaving a large family. Edward McCulloch, who succeeded to Hills, was her eldest son and the estate remains in the possession of his descendants to the present day. 5. Jean Maxwell

Jean Maxwell married, first, in 1691, Mr. John Sinclair, Minister of Irongray1305. He was the son of John Sinclair, Minister of Ormiston, afterwards of the Scots Church in Delft, Holland. John, the younger, was a distinguished mathematical scholar, and was ordained on 16 December 1690, He died in August 1693 leaving an only daughter, Sarah1306. Jean Maxwells second husband was William Boyd, Minister at Dalry, whom she married in 17011307. He was probably of the Trochrig family, was born in 1658, and educated at the University of Glasgow. He went to Holland and there enjoyed the friendship of William of Orange. As a licentiate of the Cameronians, he returned

Ardwall Papers 381. Ardwall Papers 440. 1305 Ardwall Papers 1520. 1306 Fasti II 317. 1307 Ardwall Papers 1522.
1303 1304

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487 to Scotland in 1690 and was admitted to the Church of Scotland on 25 October that year. He died 13 September 1741 leaving the following issue1308:a. Edward Boyd, Minister of Wigtoun, was born 1701, married Elizabeth Agnew and died without issue. In 1755, Edward Boyd put forward a claim to a half share in the Hills estate. It was sufficient to cause his cousin, Edward McCulloch to take the opinion of counsel1309 but nothing seems to have come of it. It is difficult to understand the grounds on which it was based which were extremely technical. b. c. d. e. Robert Boyd died before 1742 without issue1310. David Boyd died before 1742 in Jamaica owing many debts1311. Isobel Boyd died before 1742 without issue. Barbara Boyd married - Thomson1312.

In addition to the above, Fasti mentions two other sons, Andrew and John Boyd: it seems quite clear, however, from the Ardwall papers, that this is an error and that these sons never existed.

Fasti II 383. Ardwall Papers 1528. 1310 Ardwall Papers 1527. 1311 Ardwall Papers 1528. 1312 Fasti II 383.
1308 1309

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