Acts of the Lords of Council

Guthrie Genealogy · Special Collections · Crown & Government Records
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Acts of the Lords of Council

Civil Causes & Public Affairs

The Acts of the Lords of Council preserve decisions and proceedings of the king’s chief advisory and judicial body in late medieval and early modern Scotland. The civil-cause volumes document disputes involving land, inheritance, debt, contracts, suretyship, teinds and family affairs, while the public-affairs selections preserve matters of wider governmental and political concern.

For Guthrie research, these records provide unusually detailed primary-source evidence for the Guthries of that Ilk and other Guthrie individuals across Angus, Dundee, Perth and beyond. They identify spouses, widows, procurators, cautioners, clerics, burgesses and landholders, and repeatedly connect Guthrie individuals to specific estates, legal obligations and social networks.

Record TypeCentral civil court and government proceedings
Principal CoverageLate 15th to mid-16th century
Series SurveyedCivil Causes Vols. I–III; Public Affairs
Indexed Guthrie Entries32 unique detailed records
Digital AccessHathiTrust for Vols. II–III and Public Affairs
Research Sketches15 Guthrie individuals / family contexts

Volume & Series Review Status

Civil Causes · Vol. I1478–1495 · full-text review incomplete. No negative Guthrie finding is asserted. Catalog Record →
Civil Causes · Vol. II1496–1501, with earlier abstracts · 20 Guthrie entries indexed. Open volume →
Civil Causes · Vol. III1501–1503 · 9 unique Guthrie entries preserved. Open volume →
Public AffairsPublished selections 1501–1554 · 3 Guthrie entries indexed. Open volume →

Master Index

SeriesPageDateGuthrie(s)RecordEntry
Civil IIxcviii1469–1470 periodMr David Guthrie (of that Ilk / provost / Clerk Register)Judicial list in Spottiswood’s abstracts; early high-status referenceView
Civil II5317 Jan 1496–97Sir Alexander Guthrie; John Guthrie in BrechinGrain spuilzie action vs. John Dempster of AuchterlessView
Civil II13815 Mar 1497–98Walter GuthrieProtestation by Lady of Inverlunan re: debt obligationView
Civil II14117 Mar 1497–98Christian Guthrie (widow of George Summer of Balzeordie)Action vs. John Dempster of Auchterless for teinds of BarownyView
Civil II14419 Mar 1497–98Sir Alexander Guthrie of that IlkContinuation of grain dispute vs. John Dempster; delay of distraintView
Civil II16331 Mar 1498James Guthrie & Katherine Lyn (his wife)Spaldings vs. multiple parties incl. James & Katherine for goods from CampsieView
Civil II175April 1498Christian Guthrie (widow of George Summer)Appoints procurators in action vs. John Dempster of AuchterlessView
Civil II1928 May 1498Christian Guthrie; David GuthrieContinuation of damages action; witnesses summoned incl. David GuthrieView
Civil II247Post-8 May 1498Christian Guthrie (widow of George Summer)Decree awarding £4 10s. damages vs. John Dempster of AuchterlessView
Civil II2557 Jul 1498Marion Guthrie (widow of David Annand of Kinquheries, in Dundee)Assignation dispute vs. Thomas Annand; validity upheldView
Civil II29814 Jan 1498–99Sir Alexander Guthrie of that IlkProtestation by William Carmichael re: relief summonsView
Civil II34816 Jan 1499–1500Marion Guthrie (widow of David Annand)Assignation upheld; payment ordered to assignee Mr John AnnandView
Civil II35120 Jan 1499–1500Sir Alexander Guthrie of that IlkAction vs. William Carmichael for ten chalders of oats; Carmichael appoints procuratorsView
Civil II35531 Mar 1498 (sequence uncertain)Marion Guthre, widow of David Annand of KynquheresFamily settlement protecting Marion’s terce rights and Annand land arrangementsView
Civil II37331 Jan 1499–1500Sir Alexander Guthrie of that IlkProtestation by William Carmichael (burgess of Edinburgh) re: relief summonsView
Civil II43817 Nov 1500Mr David Guthrie (provost of that Ilk)Protest to preserve his summonsView
Civil II47710 Mar 1500–1John GuthriePart of group liable for raid of DunbeithView
Civil II48312 Mar 1500–1Elizabeth Guthrie (widow of Alexander Maule); Mr David Guthrie (provost)Land occupation action vs. Thomas Maule & John Erskine; desist orderedView
Civil II48615 Mar 1500–1Sir Alexander Guthrie of that IlkProtestation re: warranty of Eastertoun of Guthrie lands/millView
Civil II489–49017 Mar 1500–1Mr David Guthrie (provost); Alexander Guthrie of that IlkMajor land action re: Kirktoun & Eastertoun of Guthrie; pursuer upheldView
Civil III2910 May 1501Sir Alexander Guthrie of that Ilk; Mr. Malcolm GuthrieAction by John Dempster of Ouchterles; letters put to execution via sheriff of ForfarView
Civil III7330 July 1501James Guthrie (burgess of Dundee); Cristane Ferquhare (his spouse)Wrongful intrometting of maills from Dundee tenement (Murray Gait); interim desist orderView
Civil III1264 March 1502Alexander Guthrie of that Ilk, knightAction re: pretended charter/sasine of Petlevy lands; ordered to produce retour & curatory lettersView
Civil III1705 January 1503Sir Alexander Guthrie of that Ilk, knightAction by Mr. Andrew Cadiow for £91; partial payment ordered, £51 discharged, expenses awardedView
Civil III18926 January 1503Sir Alexander Guthrie of that Ilk; Eastertoun of Guthrie (lands + mill)Required to warrant 6th part of Eastertoun of Guthrie lands/mill to James of Durehame (heir of Mr. Thomas Durehame)View
Civil III2143 February 1503Alexander Guthrie (portioner of Colzeane, deceased); John Guthrie (burgess of Perth); Gelis Mailevyne (relict)Wrongful occupation of Colzeane pendicle (Cotgibbone); conjunct infeftment upheld for widow GelisView
Civil III2183 February 1503Sir Alexander Guthrie of that Ilk, knightClaim against John Dempster of Ouchterles for double payment of grain (oats, bere, pease) from Duke of Montrose; claim dismissedView
Civil III2214 February 1503Sir Alexander Guthrie of that Ilk, knight (procurator); Margaret Lyon (pursuer; wife/future wife of Sir Alexander Guthrie)Earliest documented direct association between Sir Alexander Guthrie and Margaret LyonView
Civil III2399 February 1503John Guthrie in TullochPart of group held liable to keep John Ogilby of Innerquharite & John Erskin harmless for £80 composition of remissionView
Public46215 January 1538Alexander Guthrie of Kyncaldrum; David Guthrie of that Ilk; John Guthrie of BallinbreichRoyal command for caution regarding Alexander Guthrie’s ward in Edinburgh Castle (penalty 5,000 merks)View
Public5804 February 1549Alexander GuthrieHalf of 2000 merk tocher in marriage contract of Thomas, Master of Erskine to Margaret Fleming (with Robert Carnegie of Kinnaird)View
Public6391554–1557Sir James Guthrie, parson of KirkbuddoAction concerning 500 crowns ransom paid to the English at BroughtyView

Names are capitalized normally for display while historical surname spellings are retained. Documentary spelling and capitalization remain unchanged inside transcriptions.

Civil Causes · Volume I · 1478–1495

Open catalogue record
Full-text review incomplete.
A complete searchable copy of this volume has not yet been confirmed through the linked online resources, so no negative finding for Guthrie references is asserted. NRS Court of Session catalogue →

Civil Causes · Volume II · 1496–1501

Open source volume

Acts of the Lords of Council in Civil Causes, Volume II covers A.D. 1496–1501 and includes selected earlier Acta Auditorum et Dominorum Concilii material from A.D. 1469–1483. Edited by George Neilson and Henry Paton; a digital copy is available through HathiTrust.

Mr David Guthrie (of that Ilk / provost / Clerk Register)· Judicial list in Spottiswood’s abstracts; early high-status reference

Volume II, page xcviii

Civil Causes · Vol. II
Date

17 May 1469 – 22 November 1470 (first Book described)

Guthrie(s) Identified
  • Mr. David Guthrie (of that Ilk)
Role
  • Judge / member of the Lords of Council / Session in civil causes (pre-College of Justice)
Document Focus

Judicial list in Spottiswood’s abstracts; early high-status reference

Transcription / Translation
Original / Summary Transcription

Spottiswood’s abstract of the first Book of Decrees and Acts (17 May 1469 – 22 November 1470) lists the judges then sitting. Among the barons and legal figures appears Mr. David Guthrie, named immediately after Mr. Archibald Cockburn in the sederunt. The Session at this time was ambulatory, sitting in Edinburgh, Stirling, Perth, and Falkland. The text notes that actions concerning land (spoliation, intrusion, etc.) were typically decided after an inquest of twelve men knowledgeable about the lands in question, with an example given of a 1469 case between Nicol Forman of Hutton and George Ker of Samuelston.

Modern English Translation

Spottiswood’s summary of the first register of decrees and acts (May 1469 – November 1470) records the judges then serving. Among the barons and legal officers is listed Mr. David Guthrie, placed directly after Mr. Archibald Cockburn. The court still travelled with the king and sat in Edinburgh, Stirling, Perth, or Falkland. Land disputes were commonly resolved through a sworn inquest of twelve local men who knew the ground; the text gives the 1469 case of Nicol Forman of Hutton against George Ker of Samuelston as an illustration of this procedure.

Why This Record Matters

This page preserves (via 17th-century abstract) the composition of Scotland’s highest civil court in the late 1460s, just before the more formal College of Justice was created in 1532. It shows the still-ambulatory nature of the Lords of Council and the practical use of local inquests in land cases.

Confirms that Mr. David Guthrie of that Ilk held a prominent judicial position in 1469–1470, sitting among the elite barons and legal officers of the realm. This early reference supports his later identification in the volume as Clerk Register and provost of Guthrie, anchoring the Angus/Forfarshire Guthrie line in central government and legal administration during the reign of James III.

Terms & Practices
  • Ambulatory Session: The pre-1532 supreme civil court travelled with the king.
  • Sederunt: Daily list of judges present.
  • Inquest of twelve men: Early jury-style inquiry into land possession disputes.
  • Clerk Register: One of the Officers of State (a post later associated with this David Guthrie).
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. xcviii. Open the digitized volume in HathiTrust →
Sir Alexander Guthrie; John Guthrie in Brechin· Grain spuilzie action vs. John Dempster of Auchterless

Volume II, page 53

Civil Causes · Vol. II
Date

17 January 1496–97

Guthrie(s) Identified
  • Sir Alexander Guthrie of that Ilk, knight
  • John Guthrie (listed among the witnesses)
Role
  • Sir Alexander Guthrie of that Ilk: Pursuer / claimant in an action concerning wrongful detention and spuilzie of grain; became pledge before the justice in the justice aire of Dundee.
  • John Guthrie: Witness (one of the persons summoned to give evidence).
Document Focus

Grain spuilzie action vs. John Dempster of Auchterless

Transcription / Translation
Original / Summary Transcription

Aneent the terme assignit to Schir Alexander Guthre of that Ilk, knycht, agane Jhone Dempster of Ouchterles to preif sufficientlye the wrangus detencione and withhalding fra him of xl chalder of aitis, ten chalder of bere, half a chalder of pess spuilzeit and takin fra the sade Jhone out of the landis of Pettintostale be Wilzeam Carmichell, and the sade Schir Alexander became plege before the justice in the justice aire of Dundee… The saidis partiis comperand be thair selff and thair procuratouris, and the saidis persons witnes being lauchfully summond, oft tymes callit and nocht comperit, the Lordis of Consale ordanis that letters be writin to summon the saidis persons witnes til compere the xxiij day of May next tocum, with continuacione of dayis, under greter panys because thai war summond now and comperit nocht… and the partiis ar warnit be thair selff and thair procuratouris apud acta.

Modern English Translation

Concerning the term assigned to Sir Alexander Guthrie of that Ilk, knight, against John Dempster of Auchterless to sufficiently prove the wrongful detention and withholding from him of 40 chalders of oats, 10 chalders of bere, half a chalder of pease spuilzied and taken from the said John out of the lands of Pettintostale by William Carmichael; and the said Sir Alexander became pledge before the justice in the justice aire of Dundee… The said parties appearing by themselves and their procurators, and the said persons being lawfully summoned as witnesses, often called and not appearing, the Lords of Council order that letters be written to summon the said persons as witnesses to compear on the 23rd day of May next, with continuation of days, under greater pains because they were summoned now and did not compear… and the parties are warned by themselves and their procurators apud acta.

Why This Record Matters

This entry illustrates the Lords of Council’s role in enforcing the production of evidence in civil disputes over land and moveable goods (here, grain spuilzie) in the late 15th century. It shows the court using continued diets and the threat of greater penalties to compel the attendance of witnesses, especially when previous summons had been ignored “because of the war.” The reference to the justice aire of Dundee and the earlier act by the Lords of Council highlights the interaction between central and local justice systems.

Directly names Sir Alexander Guthrie of that Ilk, knight as the active pursuer in a property dispute involving lands in the Dundee/Brechin area and confirms his status as a substantial landowner capable of acting as pledge in the justice aire. The appearance of John Guthrie among the listed witnesses (alongside citizens of Brechin and other local figures) suggests he was part of the same regional network. These details strengthen the Angus/Forfarshire Guthrie lineage in the late 15th century and link Sir Alexander to ongoing legal and landholding activity that continues in later entries (pp. 54, 144, 298, etc.).

Terms & Practices
  • Spuilzie: The wrongful taking or spoliation of goods or produce (here grain).
  • Plege (pledge): One who stands surety or becomes bound for another’s appearance or performance.
  • Justice aire of Dundee: The circuit court held by the justice in the Dundee district.
  • Comperit / compear: To appear in court.
  • Apud acta: “At the acts” — the parties were formally warned in open court and the warning recorded in the record itself.
  • Continuation of days: Postponement of the case to a later date.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 53. Open the digitized volume in HathiTrust →
Walter Guthrie· Protestation by Lady of Inverlunan re: debt obligation

Volume II, page 138

Civil Causes · Vol. II
Date

15 March 1497–98

Guthrie(s) Identified
  • Walter Guthrie
Role
  • Cautioner / surety for Gelis Stewart, Lady of Inverlunan (Innerlownan), in respect of a debt to the late Alane Kinnaird of that Ilk
Document Focus

Protestation by Lady of Inverlunan re: debt obligation

Transcription / Translation
Original / Summary Transcription

Guthrie. Lady Inverlunan. Caution. Protestation.

“Comperit before the Lordis Gelis Stewart, Lady of Innerlownan, and protestit that because Walter Guthre . . . . . . . for the wrangus detencione and withhalding fra him of the soume of xxxiiij merkis usuale money of the realme, for the quhilk scho causit the sade Walter til be[cum] souerte for hir til unquhile Alane Kynnard of that Ilk, and band and oblisit hir to releif and keip skaithles the sade W[alter] of the payment thareof, etc., and wald nocht compere to folow [hir], that tharefore he suld nocht be herd in jugement quhil he refoundit the costis, skaithis and expenses sustenit be hir herethrow [and] quhil scho war new new summonned.”

Modern English Translation

Guthrie. Lady Inverlunan. Caution. Protestation.

Gelis Stewart, Lady of Inverlunan, compeared before the Lords and protested that because Walter Guthrie [had become cautioner] for the wrongful detention and withholding from him of the sum of 34 merks usual money of the realm, for which she had caused the said Walter to become surety for her to the late Alane Kinnaird of that Ilk, and had bound and obliged herself to relieve and keep the said Walter skaithless of the payment thereof, etc., and [he] would not compear to follow [her], therefore he should not be heard in judgment until he refunded the costs, skaiths and expenses sustained by her thereby, and until she was newly summoned.

Why This Record Matters

This entry shows the Lords of Council dealing with a protestation arising from a cautionary obligation. It illustrates how a principal (here the Lady of Inverlunan) could bind herself to indemnify her cautioner, and how failure by the cautioner to appear could lead to a formal protest that he be barred from being heard until he made good the expenses caused by his non-appearance. The case also reflects the ongoing use of personal suretyship in debt and land-related disputes in the late 15th century.

Names Walter Guthrie as cautioner/surety in a financial obligation linked to the late Alane Kinnaird of that Ilk and Gelis Stewart, Lady of Inverlunan. This places him in a network of legal and financial relationships in Angus/Forfarshire circles during the 1490s. It is consistent with other Guthrie appearances in the volume involving land, debt, and local suretyship (e.g., Sir Alexander Guthrie’s entries). Location note: Inverlunan (likely in Angus) and connections to Kinnaird of that Ilk reinforce the regional Angus/Forfarshire Guthrie presence.

Terms & Practices
  • Caution / Cautioner: A surety or guarantor who becomes bound for another’s debt or appearance.
  • Skaithless: Harmless; to “keep skaithless” means to indemnify or protect from loss or damage.
  • Protestation: A formal statement or objection entered on record to protect one’s rights or position.
  • Compear / comperit: To appear in court.
  • Refound: To repay or make restitution for costs and expenses.
  • Unquhile: Late / deceased (referring to Alane Kinnaird).
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 138. Open the digitized volume in HathiTrust →
Christian Guthrie (widow of George Summer of Balzeordie)· Action vs. John Dempster of Auchterless for teinds of Barowny

Volume II, page 141

Civil Causes · Vol. II
Date

17 March 1497–98

Guthrie(s) Identified
  • Christiane of Guthre (Christian Guthrie)
Role
  • Pursuer in an action for teinds (tithes) and associated costs, damages, and expenses against John Dempster of Ouchterles (Auchterless)
Document Focus

Action vs. John Dempster of Auchterless for teinds of Barowny

Transcription / Translation
Original / Summary Transcription

“Aneent the accione and cause persewit be Cristiane of Guthre agane Jhone Dempster of Ouchterles for the costis, skaithis, dampnage and expenses sustenit be hir throw the wanting of the teynd schaffis of the landis of Barowny, with the pertinence, be the space of xij yeris bigane, and in persewing of the sadis teyndis before the Lordis of our soverane Lordis Consale and raising of divers letters of summonndis, actis and decretis thareappone, extending be gude estimacioun to the soume of lx of merkis, the quhilkis teyndis pertenit to the sade Cristiane be ressone of tak and war takin up and withhaldin be the sade Jhone and he adjugit til restore the sammyn, like as ane decret gevin be the Lordis thareuppone proportis; and als for the costis, dampnage, skaithis and expenses sustenit be hir throw the wanting of vij oxin with the labouris and proffittis that scho micht haf had thareof be the space of xij yeris bigane, extending to the soume of xviij merkis… Baith the sadis partiis being personaly present, the sade Cristiane deferrit the costis, skaithis, dampnage and expenses sustenit be hir throw the wanting of the sadis teynd schaffis of the landis of Barowny, extending to the sade soume of lx of merkis, to the aith of the sade Jhone Dempster, the quhilk Jhone be his gret [aith] swere the sammyn (sic), tharefore the Lordis of Consale decernis him qwyt thareof; and because it was allegit be the sade Jhone that he had payit the principale soume and that scho had dischargit him of the costis, dampnage and expenses sustenit be hir throw the wanting of the sade vij oxin with the labouris and proffittis that scho micht haf had thareof and offerrit him til preif the sammyn, tharefore the Lordis of Consale assignis him the last day of this instant moneth of March, with continuatioun of dais, til preif sufficiently his allegeance abonewrittin, and in the menetyme contenewis . . . . . . . . . ; and ordanis him til laif letters til summon his witnes, and that the deposicions of the witnes producit be the sade Cristiane now takin be closit quhil the sade day; and the partiis ar warnit hereof apud acta.”

Modern English Translation

Concerning the action and cause pursued by Christian Guthrie against John Dempster of Auchterless for the costs, skaiths, damages and expenses sustained by her through the lack of the teind sheaves of the lands of Barowny with the pertinents for the space of eleven years past, and in pursuing the said teinds before the Lords of our Sovereign Lord’s Council and raising of divers letters of summons, acts and decreets thereupon, extending by good estimation to the sum of 60 merks, which teinds pertained to the said Christian by reason of tack and were taken up and withheld by the said John, who was adjudged to restore the same, as a decreet given by the Lords thereupon bears; and also for the costs, damages, skaiths and expenses sustained by her through the lack of five oxen with the labours and profits that she might have had thereof for the space of eleven years past, extending to the sum of 18 merks… Both the said parties being personally present, the said Christian deferred the costs, skaiths, damages and expenses sustained by her through the lack of the said teind sheaves of the lands of Barowny, extending to the said sum of 60 merks, to the oath of the said John Dempster, which John by his great oath swore the same; therefore the Lords of Council decern him quit thereof; and because it was alleged by the said John that he had paid the principal sum and that she had discharged him of the costs, damages and expenses sustained by her through the lack of the said five oxen with the labours and profits that she might have had thereof, and offered to prove the same, therefore the Lords of Council assign him the last day of this instant month of March, with continuation of days, to sufficiently prove his allegation above written, and in the meantime continue…; and ordain him to raise letters to summon his witnesses, and that the depositions of the witnesses produced by the said Christian now taken be closed until the said day; and the parties are warned hereof apud acta.

Why This Record Matters

This entry demonstrates the Lords of Council’s handling of teind (tithe) disputes arising from leases (“tak and war”), including claims for lost profits from both the teinds themselves and associated agricultural resources (oxen and labour). It shows the use of deferring costs to the defender’s oath, the recording of personal appearances, and the careful management of witness evidence through closed depositions and continued diets.

Names Christiane of Guthre (Christian Guthrie) as the active pursuer in a substantial teind and damages claim against John Dempster of Auchterless. This aligns with her identification in the volume’s index as widow of George Summer of Balzeordie and confirms her ongoing legal activity in Angus/Forfarshire land and teind matters in the late 1490s. The reference to the lands of Barowny and the 11-year period of withholding provides useful chronological and locational context for the Guthrie–Summer family interests.

Terms & Practices
  • Teynd schaffis / teinds: Tithes, specifically sheaves of grain.
  • Tak and war: Lease/tack and associated rights or war (possibly “war” as in warrant or a specific tenure term).
  • Dampnage and skaithis: Damages and losses/harm.
  • Deferrit to the aith: Referred the matter to the oath of the other party (a common form of proof).
  • Decernis him qwyt: Decrees him quit/freed from the claim.
  • Apud acta: The parties were formally warned in open court.
  • Continuation of days: Postponement to a later diet.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 141. Open the digitized volume in HathiTrust →
Sir Alexander Guthrie of that Ilk· Continuation of grain dispute vs. John Dempster; delay of distraint

Volume II, page 144

Civil Causes · Vol. II
Date

19 March 1497–98

Guthrie(s) Identified
  • Sir Alexander Guthrie of that Ilk, knight
Role
  • Defender / party required to restore grain (oats, bere, and pease) to John Dempster of Auchterless after failing to prove restoration and payment; subject to distraint of his lands and goods
Document Focus

Continuation of grain dispute vs. John Dempster; delay of distraint

Transcription / Translation
Original / Summary Transcription

Dempster of Auchterless. Guthrie of that Ilk. Restitution of goods. Delay of distraint by consent. See pp. 53, 141.

“Aneent the terme assignit be the Lordis of Consale to Schir Alexander Guthre of that Ilk til preif sufficientlye that xl chalder of aitis, x chalder of bere and half a chalder of pese, tane furth of the landis of Pettintynis (?), war restit and deliverit agane to Jhone Dempster of Ouchterles and that he was payit of the sammyn, like as is at mare lenth contenit in ane act and decret gevin thareapone: Baith the saidis partiis being personaly present, thare richtis, ressons and allegaciones being herd, sene and understandin, the Lordis of Consale decretis and deliveris, with consent of the sadis partiis, that the sade Alexander Guthre sall restore and deliver to the sade Jhone Dempstar, because the sade Alexander failzeit in his preif the terme assignit til him, as sade is; and with consent of the sadis [partiis] the Lordis supersedis the executione of the distrinzeing of the sade Alexander Guthre quhil the xxii day of March in the yere of God jmviiij nynti and aucht yeris, at the [ischey] and end of the sade xxii day of March the yere of God foresaid, that letters be writin til compell and distrinze his landis and gudis tharefore.”

Modern English Translation

Dempster of Auchterless. Guthrie of that Ilk. Restitution of goods. Delay of distraint by consent. See pp. 53, 141.

Concerning the term assigned by the Lords of Council to Sir Alexander Guthrie of that Ilk to sufficiently prove that 40 chalders of oats, 10 chalders of bere and half a chalder of pease, taken out of the lands of Pettintynis (?), were restored and delivered again to John Dempster of Auchterless and that he was paid for the same, as is at more length contained in an act and decreet given thereupon: Both the said parties being personally present, their rights, reasons and allegations being heard, seen and understood, the Lords of Council decern and deliver, with consent of the said parties, that the said Alexander Guthrie shall restore and deliver to the said John Dempster, because the said Alexander failed in his proof of the term assigned to him, as said is; and with consent of the said parties the Lords supersede the execution of the distraining of the said Alexander Guthrie until the 22nd day of March in the year of God 1498, at the issue and end of the said 22nd day of March of the year foresaid, that letters be written to compel and distrain his lands and goods therefore.

Why This Record Matters

This entry records the final stage of a prolonged dispute (see pp. 53 and 141) in which Sir Alexander Guthrie failed to prove that grain taken from disputed lands had been restored and paid for. The Lords, with the consent of both parties, order restoration and grant a short delay before distraint (seizure) of Sir Alexander’s lands and goods can proceed. It illustrates the Council’s use of consensual procedures, proof by term, and controlled enforcement through distraint.

Confirms Sir Alexander Guthrie of that Ilk, knight as a substantial landowner actively engaged in litigation over grain and land rights in Angus/Forfarshire. His failure to prove restoration leads to a formal order to make restitution, with temporary protection from immediate distraint. This entry links directly to his earlier appearances (pp. 53, 54, 144) and later ones in the volume, showing ongoing involvement in property and debt-related actions. Location note: Lands of Pettintynis (near Dundee/Brechin area) and connections to Dempster of Auchterless.

Terms & Practices
  • Restitution of goods: Order to return or replace moveable property (here grain).
  • Failzeit in his preif: Failed to prove his case within the assigned term.
  • Supersedis the executione: Delays or stays the carrying out of a judgment.
  • Distrinzeing / distraint: Legal seizure of lands and goods to enforce payment or restitution.
  • With consent of the said parties: The decision was reached by agreement, a common way to resolve or manage disputes before the Council.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 144. Open the digitized volume in HathiTrust →
James Guthrie & Katherine Lyn (his wife)· Spaldings vs. multiple parties incl. James & Katherine for goods from Campsie

Volume II, page 163

Civil Causes · Vol. II
Date

31 March 1498

Guthrie(s) Identified
  • James Guthre and Katrine Lyn (Katherine Lyn), his spouse
Role
  • Defenders in an action of wrongful spoliation (spuilzie) and awaytaking of goods from the lands of Campsie in Forfarshire
Document Focus

Spaldings vs. multiple parties incl. James & Katherine for goods from Campsie

Transcription / Translation
Original / Summary Transcription

“Aneent the accione and cause persewit be David Spalding, Jhone Spalding, James Spalding, Robert Spalding, Richard Spalding, and Georg Spalding aganis Nichole of Fothringham, Maister Henry Lindesay, James Guthre and Katrine Lyn, his spouse, that is to say, the sade Nichole for the wrangus spoliacione, awaytaking and withhalding fra the sadis David and Jhone Spalding out of the Kirktoune of Erly of xxii ky and oxin, the price of the pece xl s., and a horse, the price vj merkis; fra the sadis James, Robert, Richard and George of the landis of Campsy, liand in the schirefdome of Forefare, of xxxiiij ky and oxin, the price of the pece xxx s.; and the sadis Nichole and Maister Henry for the wrangus spoliacione, awaytaking and withhalding fra the sadis James, Robert, Richard and Georg, out of the sadis landis of Campsy, of twa horse and a mere, the price of the pece xl s., xv schepe, the price of the pece v [s]., with certane uther gudis of householding, extending to xl s.; and the sadis James and Katryne, his spouse, for the wrangus purchasing of the sadis letters; like as is at mare lenth contenit in the summonndis thareapone…”

The Lords find Nichole and Master Henry in the wrong regarding certain goods and ordain restitution. The entry notes that James Guthre and Katrine Lyn were involved in the wrongful spoliation and awaytaking from the lands of Campsie.

Modern English Translation

Concerning the action and cause pursued by David Spalding, John Spalding, James Spalding, Robert Spalding, Richard Spalding, and George Spalding against Nichole of Fotheringham, Master Henry Lindsay, James Guthrie and Katrine Lyn, his spouse, that is to say, the said Nichole for the wrongful spoliation, awaytaking and withholding from the said David and John Spalding out of the Kirktoun of Erly of 22 ky and oxen, the price of each 40s., and a horse, the price 6 merks; from the said James, Robert, Richard and George of the lands of Campsie, lying in the sheriffdom of Forfar, of 34 ky and oxen, the price of each 30s.; and the said Nichole and Master Henry for the wrongful spoliation, awaytaking and withholding from the said James, Robert, Richard and George, out of the said lands of Campsie, of two horses and a mare, the price of each 40s., 15 sheep, the price of each 5s., with certain other goods of householding, extending to 40s.; and the said James and Katrine, his spouse, for the wrongful purchasing of the said letters; as is at more length contained in the summons thereupon…

The Lords find Nichole and Master Henry in the wrong regarding certain goods and ordain restitution. The entry records James Guthrie and Katrine Lyn’s involvement in the wrongful spoliation and awaytaking from the lands of Campsie.

Why This Record Matters

This entry records a spuilzie (wrongful taking of moveable goods) action involving multiple parties in Forfarshire. The Spalding family pursued several defenders, including James Guthrie and his wife Katrine Lyn, for the awaytaking of livestock and household goods from the lands of Campsie. The Lords ordered restitution against some defenders. It illustrates the Council’s role in resolving violent or forceful dispossession of goods in rural Forfarshire.

Names James Guthre and his wife Katrine Lyn (Katherine Lyn) as defenders in a spuilzie action concerning goods taken from the lands of Campsie in Forfarshire. This is the only appearance of this James Guthrie and his wife in the volume and provides evidence of their presence and activities in the Angus/Forfarshire area in the late 1490s. The reference to “his spouse” aligns with the index note “James, 163; his wife. See Katherine Lyn.” Location note: Campsie and Kirktoun of Erly in Forfarshire; local land and moveable property disputes.

Terms & Practices
  • Spuilzie / spoliacione: Wrongful taking or spoliation of moveable goods.
  • Awaytaking and withhalding: Taking away and retaining goods by force or without right.
  • Ky and oxin: Cattle and oxen.
  • Schepe: Sheep.
  • Wrongus purchasing of the sadis letters: Wrongfully obtaining the letters of the Council (possibly to justify the taking).
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 163. Open the digitized volume in HathiTrust →
Christian Guthrie (widow of George Summer)· Appoints procurators in action vs. John Dempster of Auchterless

Volume II, page 175

Civil Causes · Vol. II
Date

April 1498 (afternoon session)

Guthrie(s) Identified
  • Christiane of Guthre (Christian Guthrie), spouse of the late George Somer (Summer) of Balzorty (Balzeordie)
Role
  • Principal party granting a procuratory (power of attorney) in her ongoing action against John Dempster of Ouchterles (Auchterless)
Document Focus

Appoints procurators in action vs. John Dempster of Auchterless

Transcription / Translation
Original / Summary Transcription

“Cristiane of Guthre, the spouse of umquhile Georg Somer of Balzorty, has constituit and ordanit James Abirnethy, Andro the Hay, Georg Somer, and ather of thame, conjunctlie and severale, hir verray lauchfull and undoutable procuratouris in the accione betuex hir and Jhone Dempster of Ouchterles, etc., agane the v day of May next tocum, etc., ferme and stable haldand and for to hald al and quhatsomever thingis the sadis procuratouris or ony of thame . . . .”

Modern English Translation

Christiane Guthrie, the spouse of the late George Summer of Balzeordie, has constituted and ordained James Abernethy, Andrew the Hay, George Summer, and either of them, jointly and severally, her very lawful and undoubted procurators in the action between her and John Dempster of Auchterless, etc., until the 5th day of May next to come, etc., holding firm and stable and to hold all and whatsoever things the said procurators or any of them [shall do]…

Why This Record Matters

This entry records the formal appointment of procurators (legal representatives) by a widow actively pursuing litigation. It shows the practical mechanics of legal representation before the Lords of Council, allowing a party to act through trusted agents while the case continued over multiple diets. The reference to the ongoing action against John Dempster of Auchterless links it directly to earlier entries (especially p. 141).

Explicitly identifies Christiane of Guthre as the widow (“spouse of umquhile”) of George Summer of Balzeordie and confirms her continued pursuit of the teind and damages claim against John Dempster of Auchterless. The appointment of procurators (including a George Somer, likely a relative of her late husband) illustrates family and local networks supporting her legal affairs. This strengthens the Guthrie–Summer connection in Angus/Forfarshire and aligns with her other appearances in the volume (pp. 141, 192, 247). Location note: Balzeordie (Angus) interests and ongoing litigation in the Dundee/Auchterless area.

Terms & Practices
  • Umquhile: Late / deceased.
  • Constitutit and ordanit… procuratouris: Formally appointed legal representatives (procurators).
  • Conjunctlie and severale: Jointly and severally (any one could act for her).
  • Ferme and stable haldand: Holding firm and stable (ratifying in advance whatever the procurators do).
  • Procuratory: A formal power of attorney or mandate to act in legal proceedings.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 175. Open the digitized volume in HathiTrust →
Christian Guthrie; David Guthrie· Continuation of damages action; witnesses summoned incl. David Guthrie

Volume II, page 192

Civil Causes · Vol. II
Date

8 May 1498

Guthrie(s) Identified
  • Christiane Guthre (Christian Guthrie)
  • David Guthre (witness)
Role
  • Christiane Guthre: Pursuer in ongoing action for damages (appearing by her procurator Andrew Hay)
  • David Guthre: Witness summoned to give evidence in the same action
Document Focus

Continuation of damages action; witnesses summoned incl. David Guthrie

Transcription / Translation
Original / Summary Transcription

Dempster of Auchterless. Guthrie. Damages. See p. 141.

“Aneent the terme assignit be the Lordis of Consale til Jhone Dempster of Ouchterles til preif sufficiently that Cristiane Guthre dischargit him of the costis, dampnage and expenses sustenit be hir throw the wanting of vij oxin with the laubouris and proffittis that scho micht haf had thareof, like as is at mare lenth contenit in ane act and decret gevin thareapone: Baith the sadis partiis being personaly present be thameself (sic), that is to say, for the sade Cristiane Andro Hay, hir procuratour, thare richtis, ressons and allegaciones being herd, sene and understand, the Lordis ordanis that letters be writin til charge Thomas Cullais, Wilzeam Scot, Andro Murray, Wilzeam Nuddry, Georg Somyr, David Guthre, and Henri Stevinsone, til compere before the Kingis hieness and his Lordis of Consale the xxiiij day of May instant, with continuatioun of dais, til bere lele and suthfast witnessing betuex the sadis partiis in sa fer as thai knaw or salbe sperit at thame, under the pane of rebellioun and puttin of thame til the Kingis horne, because thai war chargit of before under the pane of warding of thare persons and comperit nocht; and the partiis be thame self and thair procuratouris ar warnit hereof apud acta.”

Modern English Translation

Dempster of Auchterless. Guthrie. Damages. See p. 141.

Concerning the term assigned by the Lords of Council to John Dempster of Auchterless to sufficiently prove that Christian Guthrie discharged him of the costs, damages and expenses sustained by her through the wanting of five oxen with the labours and profits that she might have had thereof, as is at more length contained in an act and decreet given thereupon: Both the said parties being personally present by themselves (that is to say, for the said Christian, Andrew Hay, her procurator), their rights, reasons and allegations being heard, seen and understood, the Lords ordain that letters be written to charge Thomas Cullais, William Scot, Andrew Murray, William Nuddry, George Somyr, David Guthrie, and Henry Stevinson, to compear before the King’s Highness and his Lords of Council on the 24th day of May instant, with continuation of days, to bear leal and soothfast witnessing between the said parties in so far as they know or shall be asked at them, under the pain of rebellion and putting of them to the King’s horn, because they were charged before under the pain of warding of their persons and compeared not; and the parties by themselves and their procurators are warned hereof apud acta.

Why This Record Matters

This entry continues the long-running damages action between Christian Guthrie and John Dempster of Auchterless (see p. 141 and related entries). It shows the Lords enforcing witness attendance through the severe penalties of horning (outlawry) and warding, after previous summonses had been ignored. The use of a procurator (Andrew Hay) for the pursuer and the detailed list of local witnesses illustrate standard late-15th-century Council procedure in contested proof.

Confirms Christiane Guthre (widow of George Summer of Balzeordie) as the active pursuer, appearing through her procurator Andrew Hay in the ongoing claim for damages related to five oxen and lost labour/profits. It also names David Guthre as one of the witnesses being compelled to give evidence, linking him to the same regional network of Angus/Forfarshire families involved in the dispute. This entry strengthens the documented connections between the Guthrie and Summer families and their involvement in local land and teind-related litigation. Location note: Angus/Forfarshire (Balzeordie and associated lands); witnesses drawn from the same area.

Terms & Practices
  • Dischargit him of the costis, dampnage and expenses: Released the defender from liability for costs and damages.
  • Wanting of vij oxin with the laubouris and proffittis: Lack of five oxen together with the labour and profits they would have generated.
  • Bere lele and suthfast witnessing: Give true and faithful evidence.
  • Paine of rebellioun and puttin of thame til the Kingis horne: Penalty of being declared a rebel and outlawed (letters of horning).
  • Warding of thare persons: Imprisonment.
  • Apud acta: Formal warning recorded in the acts of court.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 192. Open the digitized volume in HathiTrust →
Christian Guthrie (widow of George Summer)· Decree awarding £4 10s. damages vs. John Dempster of Auchterless

Volume II, page 247

Civil Causes · Vol. II
Date

(Date not shown in excerpt; follows sequence after 8 May 1498; see pp. 141, 192)

Guthrie(s) Identified
  • Christian Guthre (Christian Guthrie)
Role
  • Pursuer in action for damages; successful party awarded £4 10s. in damages and expenses
Document Focus

Decree awarding £4 10s. damages vs. John Dempster of Auchterless

Transcription / Translation
Original / Summary Transcription

“This term being assigned to John Dempster of Ouchterles, in the action between him and Christian Guthre to whom he had paid the principal sum and she had discharged him of the damage and expenses sustained by her through want of seven oxen, and both parties compearing, the Lords decern him to pay to her 4l. 10s. of damage and expense sufficiently proved.”

Modern English Translation

This term being assigned to John Dempster of Auchterless, in the action between him and Christian Guthrie — to whom he had paid the principal sum and she had discharged him of the damage and expenses sustained by her through want of seven oxen — and both parties compearing, the Lords decern him to pay to her £4 10s. of damage and expense sufficiently proved.

Why This Record Matters

This entry records the final decree in a prolonged litigation between Christian Guthrie and John Dempster of Auchterless over damages arising from the loss of use of seven oxen and associated labour/profits (see pp. 141 and 192–193). After multiple diets, proof, and witness summonses, the Lords award a specific sum in damages and expenses to the pursuer. It illustrates the Council’s methodical approach to contested claims and the eventual resolution through a monetary decree.

Confirms Christian Guthre (widow of George Summer of Balzeordie) as the successful pursuer who obtained a decree for £4 10s. in damages and expenses against John Dempster of Auchterless. This provides a clear outcome to the extended series of entries concerning teinds, oxen, and lost profits, strengthening the documented legal and financial activity of the Guthrie–Summer family in Angus/Forfarshire during the late 1490s. Location note: Ongoing dispute connected to lands and interests in the Angus/Forfarshire region (Balzeordie and associated areas).

Terms & Practices
  • Decern: To decree or judicially determine.
  • Compearing: Appearing in court.
  • Want of seven oxen: Loss of use of seven oxen and the labour/profits they would have produced.
  • Discharged him of the damage and expenses: Released the defender from further liability for those items (after payment of the principal).
  • Sufficiently proved: The claim for damages and expenses was accepted as proven on the evidence presented.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 247. Open the digitized volume in HathiTrust →
Marion Guthrie (widow of David Annand of Kinquheries, in Dundee)· Assignation dispute vs. Thomas Annand; validity upheld

Volume II, page 255

Civil Causes · Vol. II
Date

7 July 1498

Guthrie(s) Identified
  • Marion Guthre (widow of David Annand of Kynquheres / Kinquheries), in Dundee
Role
  • Assignor of her rights (third part of redemption money from lands of Cottone of Innerpeffir) to the pursuer, Mr John Annand; the validity of her assignation is central to the action
Document Focus

Assignation dispute vs. Thomas Annand; validity upheld

Transcription / Translation
Original / Summary Transcription

Action by Mr John Annand, assignee to Marion Guthre, widow of David Annand of Kynquheres, against Thomas Annand of Kynequhereis for retaining from him £48 17s. 9d. owing to her as the third part of 220 merks received by the said Thomas for the redemption of the lands of Cottone of Innerpeffir wadset for that amount to his said father, David Annand. Both parties being present, the pursuer produced the assignation made to him by the said Marion, dated 30th October 1497, the instrument being taken in her house in Dundee in presence of Robert Cheild, John Lambirtoune, burgess of Dundee, and Sir John Ravin, chaplain. Mr James Henresone as procurator for the defender averred that the said Marion did not assign the foresaid third part of the money to the pursuer, and offered to prove the same; so the Lords assign to him 8th October next to prove his assertion that the deed is false, failing which he will be liable in costs.

Modern English Translation

Action by Mr John Annand, assignee to Marion Guthrie, widow of David Annand of Kinquheries, against Thomas Annand of Kinquheries for retaining from him £48 17s. 9d. owing to her as the third part of 220 merks received by the said Thomas for the redemption of the lands of Cottone of Innerpeffir wadset for that amount to his said father, David Annand. Both parties being present, the pursuer produced the assignation made to him by the said Marion, dated 30th October 1497, the instrument being taken in her house in Dundee in presence of Robert Cheild, John Lambirtoune, burgess of Dundee, and Sir John Ravin, chaplain. Mr James Henresone as procurator for the defender averred that the said Marion did not assign the foresaid third part of the money to the pursuer, and offered to prove the same; so the Lords assign to him 8th October next to prove his assertion that the deed is false, failing which he will be liable in costs.

Why This Record Matters

This entry records a dispute over the validity of an assignation of a widow’s terce (third part) rights in redemption money from wadset (mortgaged) lands. The Lords require proof of the defender’s claim that the assignation was not made, showing the Council’s careful handling of documentary evidence and the protection of widows’ financial interests in late 15th-century Forfarshire.

Names Marion Guthre (in Dundee), widow of David Annand of Kinquheries, as the key figure who assigned her rights to the third part of redemption money from the lands of Cottone of Innerpeffir. The assignation was executed in her house in Dundee on 30th October 1497 before local witnesses. This entry confirms her status as a propertied widow actively managing her financial affairs and provides valuable detail on her connections to the Annand family of Kinquheries. Location note: Dundee (her house) and Forfarshire lands (Kinquheries / Kinquheres and Cottone of Innerpeffir); strong Angus/Forfarshire Guthrie–Annand connections.

Terms & Practices
  • Assignee: One to whom rights have been formally transferred (here, Mr John Annand received the assignation from Marion Guthrie).
  • Terce / third part: A widow’s legal right to one-third of her husband’s heritable estate.
  • Wadset: A form of mortgage or pledge of land for a sum of money.
  • Redemption: Repayment of the wadset sum to recover the lands.
  • Assignation: Formal transfer of rights (here, of the terce money).
  • Averred… offered to prove: The defender’s procurator asserted and undertook to prove that the assignation was not made.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 255. Open the digitized volume in HathiTrust →
Sir Alexander Guthrie of that Ilk· Protestation by William Carmichael re: relief summons

Volume II, page 298

Civil Causes · Vol. II
Date

14 January 1498–99 (afternoon session)

Guthrie(s) Identified
  • Sir Alexander Guthrie of that Ilk, knight
Role
  • Party who summoned William Carmichael to relieve and keep him skaithless (indemnify him) in respect of grain claimed by John Dempster of Auchterless, but failed to compear to pursue the matter
Document Focus

Protestation by William Carmichael re: relief summons

Transcription / Translation
Original / Summary Transcription

Fol. 131b. Guthrie of that Ilk. Carmichael. Protestation.

“William Carmichael protested because Sir Alexander Guthre of that Ilk summoned him to relieve and keep him scatheless at the hands of John Dempster of Auchterles of 40 chalders of oats, 10 chalders of bere, half a chalder of pease, and others, but compeared not to pursue.”

Modern English Translation

Fol. 131b. Guthrie of that Ilk. Carmichael. Protestation.

William Carmichael protested because Sir Alexander Guthrie of that Ilk summoned him to relieve and keep him skaithless at the hands of John Dempster of Auchterless in respect of 40 chalders of oats, 10 chalders of bere, half a chalder of pease, and others, but compeared not to pursue.

Why This Record Matters

This entry records a protestation arising from Sir Alexander Guthrie’s failure to pursue a summons he had raised against William Carmichael for relief/indemnity in the long-running grain dispute with John Dempster of Auchterless (see pp. 53, 144, etc.). It illustrates how a party who initiated legal process could be held accountable for non-appearance, allowing the summoned person to enter a formal protest on record to protect their position.

Names Sir Alexander Guthrie of that Ilk, knight as the party who initiated (but then failed to pursue) a summons against William Carmichael for relief in the grain/spuilzie matter involving John Dempster of Auchterless. This continues the documented pattern of Sir Alexander’s active involvement in property and debt-related litigation in Angus/Forfarshire during the late 1490s. The protestation by Carmichael highlights the interconnected legal obligations among local landowners. Location note: Angus/Forfarshire connections (Guthrie of that Ilk and Dempster of Auchterless dispute).

Terms & Practices
  • Protestation: A formal statement entered on record to protect one’s rights or position when the other party fails to proceed.
  • Relieve and keep him scatheless (skaithless): To indemnify or protect from loss or liability.
  • Compeared not to pursue: Failed to appear in court to follow through with the action he had initiated.
  • At the hands of John Dempster of Auchterles: In respect of claims or liability arising from Dempster.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 298. Open the digitized volume in HathiTrust →
Marion Guthrie (widow of David Annand)· Assignation upheld; payment ordered to assignee Mr John Annand

Volume II, page 348

Civil Causes · Vol. II
Date

16 January 1499–1500 (afternoon session)

Guthrie(s) Identified
  • Marion Guthre (widow of David Annand of Kynquheres / Kinquheries)
Role
  • Assignor of her terce (third part) rights in redemption money to Mr John Annand (the pursuer); her assignation is upheld as valid
Document Focus

Assignation upheld; payment ordered to assignee Mr John Annand

Transcription / Translation
Original / Summary Transcription

Action by Mr John Annand, assignee to Marion Guthre, the spouse of umquhile David Annand of Kynquheres, til impreif ane instrument under the signe of Schir David Bell, chapellane, fals civilye in the self, of the soume of xlviiij li. xviij s. ix d. usuale money of Scotland awing to hir for the third part of the soume of ij° and xxii merkis under ane reversioune of the landis of the Cottoune of Innerpeffre.” Mr John compearing personally, and Thomas Annand being absent, the Lords decern “that the sade instrument was gude and lele in the self,” and therefore the said Thomas shall pay to the said Mr John Annand as assignee foresaid the sum of 48 l. 17 s. 9 d.

Modern English Translation

Action by Mr John Annand, assignee to Marion Guthrie, the spouse of the late David Annand of Kinquheries, to improve an instrument under the sign of Sir David Bell, chaplain, falsely and civilly in itself, of the sum of £48 18s. 9d. usual money of Scotland owing to her for the third part of the sum of 220 merks under a reversion of the lands of the Cottone of Innerpeffir. Mr John compearing personally, and Thomas Annand being absent, the Lords decern “that the said instrument was good and leal in itself,” and therefore the said Thomas shall pay to the said Mr John Annand as assignee foresaid the sum of £48 17s. 9d.

Why This Record Matters

This entry concludes (or advances) the dispute over the validity of Marion Guthrie’s assignation of her terce rights in redemption money from the lands of Cottone of Innerpeffir. The Lords uphold the assignation as valid and order payment to the assignee, Mr John Annand. It demonstrates the Council’s enforcement of assignations and widows’ financial rights in Forfarshire land redemption cases.

Confirms Marion Guthre (widow of David Annand of Kynquheres) as the assignor of her terce (third part) rights in redemption money from the lands of Cottone of Innerpeffir. The assignation (dated 30th October 1497 in her house in Dundee) was upheld, and payment was ordered to her assignee. This entry provides strong evidence of her status as a propertied widow managing her affairs in Dundee and Forfarshire. It links to her earlier appearance on p. 255 and reinforces the Guthrie–Annand family connections in Angus/Forfarshire.

Terms & Practices
  • Assignation: Formal transfer of rights (here, of terce money from redemption).
  • Impreif: To challenge or impugn the validity of an instrument.
  • Gude and lele: Good and lawful/true.
  • Reversioune: Reversion (right to redeem lands after payment of the wadset sum).
  • Decern: Judicially decree or determine.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 348. Open the digitized volume in HathiTrust →
Sir Alexander Guthrie of that Ilk· Action vs. William Carmichael for ten chalders of oats; Carmichael appoints procurators

Volume II, page 351

Civil Causes · Vol. II
Date

20 January 1499–1500

Guthrie(s) Identified
  • Sir Alexander Guthrie of that Ilk, knight
Role
  • Pursuer in an action against William Carmichael for ten chalders of oats (Carmichael appoints procurators to defend the action)
Document Focus

Action vs. William Carmichael for ten chalders of oats; Carmichael appoints procurators

Transcription / Translation
Original / Summary Transcription

William Carmichael appoints Sir Patrick Hume of Polworth, knight, and Mr James Henresone his procurators in the action pursued by Sir Alexander Guthre against him for ten chalders of oats.

Modern English Translation

William Carmichael appoints Sir Patrick Hume of Polworth, knight, and Mr James Henresone as his procurators in the action pursued by Sir Alexander Guthrie against him for ten chalders of oats.

Why This Record Matters

This entry records the formal appointment of procurators by William Carmichael to defend an action brought against him by Sir Alexander Guthrie for ten chalders of oats. It illustrates the routine use of legal representation before the Lords of Council and shows how parties in ongoing land/grain disputes managed their cases through trusted agents.

Names Sir Alexander Guthrie of that Ilk, knight as the pursuer in a further action against William Carmichael concerning ten chalders of oats. This continues the documented pattern of Sir Alexander’s involvement in grain and property-related litigation in Angus/Forfarshire (linking to earlier entries such as pp. 53, 144, 298). The appointment of high-status procurators (Sir Patrick Hume of Polworth and Mr James Henresone) by Carmichael indicates the seriousness with which the action was viewed. Location note: Angus/Forfarshire connections in the ongoing disputes involving Sir Alexander Guthrie.

Terms & Practices
  • Procurators: Legal representatives appointed to act on a party’s behalf in court.
  • Action pursued by Sir Alexander Guthre against him: The defender (Carmichael) is responding to a claim initiated by Sir Alexander.
  • Ten chalders of oats: A specific quantity of grain forming the subject of the claim (a common unit in these disputes).
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 351. Open the digitized volume in HathiTrust →
Marion Guthre, widow of David Annand of Kynquheres· Family settlement protecting Marion’s terce rights and Annand land arrangements

Volume II, page 355

Civil Causes · Vol. II
Date

31 March 1498 (or 1498–99 per sequence)

Guthrie(s) Identified
  • Marion Guthre (widow of David Annand of Kynquheres, mother of Thomas Annand and Mr John Annand)
Role
  • Mother and assignor of terce rights; beneficiary of terce and the family settlement agreement between her sons
Document Focus

Family settlement protecting Marion’s terce rights and Annand land arrangements

Transcription / Translation
Original / Summary Transcription

It is appunctit and finalye concordit betuex Thomas Annand of Kynquheres and Maister Jhone Annand, his brother, anent the soumes of money recoverit be the sade Maister Jhone as assignay til his moder, Marion Guthre, of the thrid part of the silver that pertenit til hir or micht pertene til hir be the redempcione of the landis of Innerpeffer, Torberg, Auchlucy, Egy, Bradouny and Clakleight, wedset to umquhile David Annand of Kynquheres, fader to the sade Thomas and Maister Jhone, in forme as efter folowis, that is to say, the sade Thomas sall infeft within xx dais the sade Maister Jhone of ten li. worth of his landis of Wester Kynquhere be charter and sasing to be haldin blanck ferme of him for a reid rose at Mydsomer to the sade Maister Jhone for al the dayis of his life, and als sall mak his moder, the sade Marion, to broik the reasonable teyrce of al the landis that the sade David, hir husband, deit vestit and saissit be ald heretage or wedset for al the dayis of hir life, or than als mekle als gude as the sade haile teyrce was availe the day of the sade David decess, except five merkis quhilkis salbe allowit and defalkit be the sade Marion for sa mekle payment to the sade Maister Jhone, hir son, of the ten pundis worth of land foresaid for al the dayis of the sade Marion life, and sal mak sikkir securitie hereapoun as the sade Maister Jhone can devise be the consale of thair freyndis but inconvenient; and heirfore the sade Maister Jhone, assignay foresaid, sall discharge, quitclayme and keip skathles the sade Thomas of the soume of threscore threttene merkis and od silver recoverit be him, and of al uther soumes that he has under summonndis or may be recoverit be him be ressone and vertew of the sade assignacione for the teyrcis of the landis forsaidis efter thai be redemyt, saufand al maner of wayis the proffit of the haile teyrce to the sade Marion for al the dayis of hir life, as is abone expremytt, exceppand the five merkis, as sade is. And als the sade Maister Jhone sal mak a reversioune that quhat tyme he beis benefytt of peceable benefice of xx li. peceably and of fre proffitt be help of God and menis of his freyndis, than he sall resigne, renounce and geif owre al richt and clame that he has or may haf in or to the sadis ten pundis worth of the sadis landis of Wester Kynquhere, he beand requirit at the sadis landis be the sade Thomas on xli dais warnyng efter the sade Maister Jhone haf broikit the sade benefice a yere peceably, and the sade Maister Jhone broikand the foresaid land but ony impediment, interrupcione or skaith of the sade Thomas and his favoraris and freyndis he sal mak na bailyeis thareof bot use the proffit thareof as he plesis, and failyeand thairof and gif the sade Thomas makis ony impediment, trouble or vexacione to the sade Maister Jhone or his tennandis or til his moder be himself or ony uther that he may lat but fraud or gile, it salbe lefull til the sade Maister Jhone to mak quhat bailyeis he plesis for the inbringin of the proffittis and dewiteis, ferms and malis of the sadis landis at his awne plesore. And for the fulfilling and observing of al and sindri the punctis abonewrittin aither of the partiis ar oblist, bound and sworne be the faithis of thair bodeis, the haly ewangelis twechit, til uther; and gif it happinnis that ony of the partiis foresaide cum incontrar or brekin the premiss or ony punct of the sammyn as is abone expremytt, the parti brekand sall pay to the parti keipand and bydand at this contract the soume of v li. usuale money of Scotland for costis, skaithis and expensis that the parti bidand thairat has sustenit or may sustene in falt of fulfilling and keping of the contract abonewrittin. In witnes hereof baith the sadis partiis has subscrivit this writ with their awne handis, day, yere and place abonewrittin, befor thir witnes, Alexander Boyis of Panbryd, Alexander Ogilby, Alexander Annand, and Jhone Alane; and ordanis our soverane Lordis letters be direct til compell thair partiis heirto.

Modern English Translation

It is appointed and finally concorded between Thomas Annand of Kinquheries and Master John Annand, his brother, concerning the sums of money recovered by the said Master John as assignee to his mother, Marion Guthrie, of the third part of the silver that pertained to her or might pertain to her by the redemption of the lands of Innerpeffer, Torberg, Auchlucy, Egy, Bradouny and Clakleight, wadset to the late David Annand of Kinquheries, father to the said Thomas and Master John, in form as after follows, that is to say, the said Thomas shall infeft within twenty days the said Master John in ten pounds worth of his lands of Wester Kinquhere by charter and sasine to be held in blench ferme of him for a red rose at Midsummer to the said Master John for all the days of his life, and also shall make his mother, the said Marion, to brook the reasonable terce of all the lands that the said David, her husband, died vested and seised in as old heritage or wadset for all the days of her life, or then as much as the said whole terce was worth the day of the said David’s decease, except five merks which shall be allowed and defalked by the said Marion for so much payment to the said Master John, her son, of the ten pounds worth of land foresaid for all the days of the said Marion’s life, and shall make sure security thereupon as the said Master John can devise by the counsel of their friends but inconvenience; and therefore the said Master John, assignee foresaid, shall discharge, quitclaim and keep skaithless the said Thomas of the sum of threescore thirteen merks and odd silver recovered by him, and of all other sums that he has under summons or may be recovered by him by reason and virtue of the said assignation for the terce of the lands foresaid after they be redeemed, saving in all manner of ways the profit of the whole terce to the said Marion for all the days of her life, as is above expressed, excepting the five merks, as said is. And also the said Master John shall make a reversion that what time he beis beneficed of peaceable benefice of twenty pounds peaceably and of free profit by help of God and means of his friends, then he shall resign, renounce and give over all right and claim that he has or may have in or to the said ten pounds worth of the said lands of Wester Kinquhere, he being required at the said lands by the said Thomas on forty days warning after the said Master John has brooked the said benefice a year peaceably, and the said Master John brooking the foresaid land but any impediment, interruption or skaith of the said Thomas and his favourers and friends he shall make no bailies thereof but use the profit thereof as he pleases, and failing thereof and if the said Thomas makes any impediment, trouble or vexation to the said Master John or his tenants or to his mother by himself or any other that he may let but fraud or guile, it shall be lawful to the said Master John to make what bailies he pleases for the inbringing of the profits and duties, ferms and mails of the said lands at his own pleasure. And for the fulfilling and observing of all and sundry the points above written either of the parties are obliged, bound and sworn by the faiths of their bodies, the holy evangelists touched, to the other; and if it happens that any of the parties foresaid come in contrary or break the premises or any point of the same as is above expressed, the party breaking shall pay to the party keeping and abiding at this contract the sum of five pounds usual money of Scotland for costs, skaiths and expenses that the party abiding thereat has sustained or may sustain in fault of fulfilling and keeping of the contract above written. In witness hereof both the said parties has subscribed this writ with their own hands, day, year and place above written, before these witnesses, Alexander Boyis of Panbryd, Alexander Ogilby, Alexander Annand, and John Alane; and ordains our sovereign Lord’s letters be direct to compel their parties hereto.

Why This Record Matters

This detailed minute of agreement records a family settlement between brothers Thomas and Master John Annand concerning their mother Marion Guthrie’s terce rights and the redemption of wadset lands. It includes infeftment, warranty obligations, reversion, accounting for terce profits, and penalties for breach. It demonstrates the Council’s role in recording and enforcing complex family financial and land settlements in Forfarshire at the end of the 15th century.

Names Marion Guthre (widow of David Annand of Kynquheres) as the mother whose terce rights are central to the agreement between her sons Thomas Annand and Master John Annand. The contract protects her reasonable terce for life and provides for her son Master John to receive lands in exchange for discharging claims. This entry provides rich evidence of the Guthrie–Annand family’s landholdings, financial arrangements, and intergenerational settlements in Angus/Forfarshire. Location note: Lands of Innerpeffer, Torberg, Auchlucy, Egy, Bradouny, Clakleight, Wester Kinquhere, and others in Forfarshire; strong local family network.

Terms & Practices
  • Terce: Widow’s legal right to one-third of her husband’s heritable estate.
  • Wadset: Mortgage or pledge of lands for a sum.
  • Redempcione: Redemption of wadset lands by repayment.
  • Assignay: Assignee (recipient of transferred rights).
  • Infeft: To infeft (give legal possession by sasine).
  • Blanch ferme: Nominal rent (here a red rose at Midsummer).
  • Reversione: Right to redeem or recover lands.
  • Broik: To enjoy or possess peacefully.
  • Sasine: Legal act of possession.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 355. Open the digitized volume in HathiTrust →
Sir Alexander Guthrie of that Ilk· Protestation by William Carmichael (burgess of Edinburgh) re: relief summons

Volume II, page 373

Civil Causes · Vol. II
Date

31 January 1499–1500 (afternoon session)

Guthrie(s) Identified
  • Sir Alexander Guthrie of that Ilk, knight
Role
  • Party who caused William Carmichael (burgess of Edinburgh) to be summoned to relieve and keep him skaithless in respect of grain claimed by John Dempster of Auchterless, but failed to compear to pursue the matter
Document Focus

Protestation by William Carmichael (burgess of Edinburgh) re: relief summons

Transcription / Translation
Original / Summary Transcription

William of Carmichael, burgess of Edinburgh, protested because Alexander Guthre of that Ilk, knight, “gert summonnd him to releif and keip him harmeles and skaithles at the hands of Jhone Dempster of Ouchterless of xl chalder of aitis, x chalder of bere, and half a chalder of peise,” but compeared not to pursue.

Modern English Translation

William Carmichael, burgess of Edinburgh, protested because Sir Alexander Guthrie of that Ilk, knight, caused him to be summoned to relieve and keep him harmless and skaithless at the hands of John Dempster of Auchterless in respect of 40 chalders of oats, 10 chalders of bere, and half a chalder of pease, but compeared not to pursue.

Why This Record Matters

This entry records a second protestation by William Carmichael (now identified as a burgess of Edinburgh) arising from Sir Alexander Guthrie’s failure to pursue a summons he had raised for relief/indemnity in the ongoing grain dispute with John Dempster of Auchterless (see p. 298). It demonstrates how repeated non-appearance by a pursuer could prompt formal protective protests from the summoned party.

Names Sir Alexander Guthrie of that Ilk, knight as the party who initiated (but failed to pursue) a summons against William Carmichael, burgess of Edinburgh, for relief in the grain matter involving John Dempster of Auchterless. This continues the pattern of Sir Alexander’s litigation involving substantial quantities of grain and local suretyship obligations. The identification of Carmichael as an Edinburgh burgess adds a new dimension to the network of individuals drawn into these Angus/Forfarshire-centred disputes. Location note: Angus/Forfarshire grain and land disputes extending to Edinburgh connections.

Terms & Practices
  • Protestation: A formal statement entered on record to protect one’s position when the other party fails to proceed.
  • Releif and keip him harmeles and skaithles: To indemnify or protect from loss or liability.
  • Gert summonnd him: Caused him to be summoned.
  • Compeared not to pursue: Failed to appear in court to follow through with the action.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 373. Open the digitized volume in HathiTrust →
Mr David Guthrie (provost of that Ilk)· Protest to preserve his summons

Volume II, page 438

Civil Causes · Vol. II
Date

17 November 1500 (afternoon session)

Guthrie(s) Identified
  • Mr David Guthrie (provost of Guthrie; also identified elsewhere as sometime Clerk Register)
Role
  • Party entering a protective protestation to preserve his summons and prevent his opponent from protesting against him
Document Focus

Protest to preserve his summons

Transcription / Translation
Original / Summary Transcription

Guthrie. Protestation.

“Maister David Guthre, dotour (sic), protestis that he tyne nocht his summonnd nor that his parti cum nocht til protestit agane him” (sic).

Modern English Translation

Guthrie. Protestation.

Master David Guthrie, doctor (or dottour), protests that he does not lose his summons nor that his party/opponent should come to protest against him.

Why This Record Matters

This short entry records a protective protestation by Mr David Guthrie to safeguard his legal position regarding an existing summons. Such protestations were a common procedural device before the Lords of Council to prevent an opponent from gaining an advantage through non-appearance or procedural default. It reflects the careful management of ongoing litigation in the late 15th/early 16th century.

Names Mr David Guthrie (provost of Guthrie and sometime Clerk Register) as an active participant in legal proceedings, entering a formal protestation to protect his summons. This aligns with his earlier appearances in the volume (pp. xcviii, 483, 489–490) and confirms his continued involvement in central legal and administrative matters during the reign of James IV. Location note: Strong Angus/Forfarshire connections through the provostship of Guthrie, with activity in Edinburgh at the Lords of Council.

Terms & Practices
  • Protestation: A formal statement entered on record to protect one’s procedural rights or position.
  • Tyne nocht his summonnd: Do not lose (forfeit) his summons through procedural default.
  • His parti cum nocht til protestit agane him: His opponent should not be allowed to enter a protest against him.
  • Dotour / dottour: Likely a reference to his learned or doctoral status (or a scribal variant); consistent with his identification as “Mr David Guthrie.”
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 438. Open the digitized volume in HathiTrust →
John Guthrie· Part of group liable for raid of Dunbeith

Volume II, page 477

Civil Causes · Vol. II
Date

10 March 1500–1

Guthrie(s) Identified
  • John Guthre
Role
  • One of many cautioners/sureties (with the Earl of Caithness and others) for spuilzie and raid of Dunbeith
Document Focus

Part of group liable for raid of Dunbeith

Transcription / Translation
Original / Summary Transcription

The Lords ordain William, Earl of Caithnes, as surety for a long list of persons including John Guthre … to pay and deliver to William Keith of Innerugy, knight, an extensive list of spuilzied goods (meal, salt, household items, armour, livestock, etc.) taken from the castle of Dunbeith from William Keith and his brother George. The persons had obtained the King’s remission in the last justice ayre of Inverness and found the Earl cautioner. The Lords assign to William Keith 6th July next to prove the value of goods not already priced in the Inverness act and adjournal.

Modern English Translation

The Lords ordain William, Earl of Caithness, as surety for a long list of persons including John Guthre … to pay and deliver to William Keith of Inverugie, knight, an extensive list of spuilzied goods (meal, salt, household items, armour, livestock, etc.) taken from the castle of Dunbeith from William Keith and his brother George. The persons had obtained the King’s remission in the last justice ayre of Inverness and found the Earl cautioner. The Lords assign to William Keith 6th July next to prove the value of goods not already priced in the Inverness act and adjournal.

Why This Record Matters

This entry records collective liability for a major spuilzie and raid of Dunbeith. A large group (including John Guthre) is bound with the Earl of Caithness to make restitution of extensive goods and livestock. It highlights the use of suretyship and royal remission to resolve large-scale raiding incidents in the north-east.

Names John Guthre as one of the cautioners/sureties in the raid of Dunbeith and spuilzie from the castle. This places him among a wide network of northern figures involved in or responsible for the incident. It is the only appearance of this John Guthre in the volume and may relate to other John Guthrie entries (e.g., pp. 53, 477). Location note: Primarily northern (Caithness/Dunbeath) raid.

Terms & Practices
  • Spuilzie: Wrongful taking or spoliation of goods.
  • Cautioner: Surety or guarantor bound for another’s obligations.
  • King’s remission: Royal pardon for offences.
  • Justice ayre of Inverness: Circuit court in Inverness.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 477. Open the digitized volume in HathiTrust →
Elizabeth Guthrie (widow of Alexander Maule); Mr David Guthrie (provost)· Land occupation action vs. Thomas Maule & John Erskine; desist ordered

Volume II, page 483

Civil Causes · Vol. II
Date

12 March 1500–1 (afternoon session)

Guthrie(s) Identified
  • Elizabeth Guthre (widow of Alexander Maule)
  • Mr David Guthrie, provost of that Ilk (also identified elsewhere as sometime Clerk Register)
Role
  • Elizabeth Guthre: Pursuer in an action of wrongful occupation of lands (Cammystone with mill and Hadirweik) in the sheriffdom of Forfar; appearing by her procurator Mr David Guthrie
  • Mr David Guthrie, provost of that Ilk: Procurator appearing for the pursuer Elizabeth Guthre
Document Focus

Land occupation action vs. Thomas Maule & John Erskine; desist ordered

Transcription / Translation
Original / Summary Transcription

Action by Elizabeth Guthre, widow of Alexander Maule, against Thomas Maule of Panmure, knight, and John Erskin of Dun, younger, viz., the said Thomas for wrongful occupation of the lands of Cammystone with the mill and pertinents, and the said John for wrongful occupation of the half of the lands of Hadirweik with pertinents, lying in the sheriffdom of Forfare. The pursuer compearing by Mr David Guthre, “provest of that Ilk,” and the said Thomas compearing personally, and John Erskine compearing by Mr Robert Erskin, his procurator, the Lords ordain the defenders to desist from possessing the said lands, that the pursuer may enjoy the same in terms of her charters and instruments of sasine of conjunct infeftment produced; and they assign to her 6th July next to prove the extent of intromissions.

Modern English Translation

Action by Elizabeth Guthrie, widow of Alexander Maule, against Thomas Maule of Panmure, knight, and John Erskine of Dun, younger, namely the said Thomas for wrongful occupation of the lands of Cammystone with the mill and pertinents, and the said John for wrongful occupation of the half of the lands of Hadirweik with pertinents, lying in the sheriffdom of Forfar. The pursuer appearing by Mr David Guthrie, “provost of that Ilk,” and the said Thomas appearing personally, and John Erskine appearing by Mr Robert Erskine, his procurator, the Lords ordain the defenders to desist from possessing the said lands, so that the pursuer may enjoy the same in terms of her charters and instruments of sasine of conjunct infeftment produced; and they assign to her 6th July next to prove the extent of intromissions.

Why This Record Matters

This entry records a successful interim decree in favour of a widow asserting her rights to lands held in conjunct infeftment (joint ownership with her late husband). The Lords order the defenders to desist from occupation pending proof of the extent of wrongful intromissions (takings of profits). It illustrates the Council’s role in protecting widows’ property rights and the use of procurators in complex land disputes in Forfarshire.

Names Elizabeth Guthre as widow of Alexander Maule and successful pursuer in a land occupation action concerning Cammystone and Hadirweik in Forfarshire. It also shows Mr David Guthrie, provost of that Ilk (and sometime Clerk Register), acting as her procurator, confirming his role as a trusted legal representative for family members. This strengthens the documented connections between the Guthrie of that Ilk line and the Maule family through marriage, and highlights Mr David Guthrie’s prominence in both local (provost) and central (Council) legal affairs. Location note: Forfarshire (sheriffdom of Forfar) lands; strong Angus/Forfarshire Guthrie and Maule connections.

Terms & Practices
  • Conjunct infeftment: Joint infeftment (ownership) typically between spouses, giving the survivor rights to the lands.
  • Wrongful occupation / intromissions: Unlawful possession and taking of profits from lands.
  • Desist from possessing: Order to cease occupation.
  • Instruments of sasine: Legal documents proving possession/title.
  • Procurator: Legal representative appearing on behalf of a party.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 483. Open the digitized volume in HathiTrust →
Sir Alexander Guthrie of that Ilk· Protestation re: warranty of Eastertoun of Guthrie lands/mill

Volume II, page 486

Civil Causes · Vol. II
Date

15 March 1500–1

Guthrie(s) Identified
  • Sir Alexander Guthrie of that Ilk, knight (also referred to as the Laird of Guthrie)
  • Lands of Eastertoun of Guthrie (with mill and mill lands)
Role
  • Sir Alexander Guthrie of that Ilk / Laird of Guthrie: Party entering a protective protestation regarding his role as warrantor; also granting warrant and defence over the lands of Eastertoun of Guthrie to named parties
Document Focus

Protestation re: warranty of Eastertoun of Guthrie lands/mill

Transcription / Translation
Original / Summary Transcription

Laird of Guthrie. Protest.

“The Laird of Guthre askit til be actit that he was bot callit himself til warand and nocht as ane usarar . . . . . . . (illegible) and that tharefore quhat the Lordis did suld turne him til na prejudice.”

Alexander Boyis “askit til be actit that Schir Alexander Guthre of that Ilk grantit til werrand and defend til James of Durehame, David Rossy of that Ilk, and Gelis Scrymgemour, his spouse, the landis of Estertoune of Guthre with the pertinentis with the myln and the myln landis of the sammyn in thair takkis and malingis.”

Modern English Translation

Laird of Guthrie. Protest.

The Laird of Guthrie asked to be acted that he was only called himself to warrant and not as a usurer . . . . . . . (illegible) and that therefore whatever the Lords did should turn him to no prejudice.

Alexander Boyis asked to be acted that Sir Alexander Guthrie of that Ilk granted to warrant and defend to James of Durham, David Rossy of that Ilk, and Gelis Scrymgeour, his spouse, the lands of Eastertoun of Guthrie with the pertinents, with the mill and the mill lands of the same in their tacks and mailings.

Why This Record Matters

This entry records two related protestations concerning the lands of Eastertoun of Guthrie. The first protects the position of the Laird of Guthrie (Sir Alexander) as warrantor rather than usurer. The second records Sir Alexander formally granting warrant and defence over Eastertoun of Guthrie (including the mill and mill lands) to named parties in their tacks and mailings. It illustrates the Council’s role in recording protective statements and land warranties in Forfarshire disputes.

Names Sir Alexander Guthrie of that Ilk, knight (Laird of Guthrie) as the central figure granting warrant and defence over the lands of Eastertoun of Guthrie (with mill and mill lands) to James of Durham, David Rossy of that Ilk, and Gelis Scrymgeour (his spouse). This confirms Sir Alexander’s control over significant Guthrie family lands and his role in feudal-style warranties and tacks. The entry also aligns with the index references to the lands of Eastertoun of Guthrie and Kirktoun of Guthrie. Location note: Eastertoun of Guthrie (Angus/Forfarshire); strong local landholding and family connections.

Terms & Practices
  • Warrand and defend: To warrant and defend title/possession (a feudal-style guarantee against claims).
  • Takkis and malingis: Tacks (leases) and mailings (rents or holdings).
  • Askit til be actit: Asked to have it recorded in the acts of court (for formal protection).
  • Turne him til na prejudice: Should not prejudice him (protective clause).
  • Usurar: Usurer (here distinguished from a simple warrantor).
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. II, printed p. 486. Open the digitized volume in HathiTrust →
Mr David Guthrie (provost); Alexander Guthrie of that Ilk· Major land action re: Kirktoun & Eastertoun of Guthrie; pursuer upheld

Volume II, page 489–490

Civil Causes · Vol. II
Date

17 March 1500–1

Guthrie(s) Identified
  • Master David Guthre, refers to the dec’d father of Alexander, David Guthrie 1st of Guthrie, 2nd of Kincaldrum, deceased by 1474.
  • Alexander Guthre of that Ilk, knight
  • Mr David Guthre, provost of that Ilk (also identified elsewhere as sometime Clerk Register), the probable son of Sir Alexander Guthrie, 2nd of Guthrie
  • Lands of Kirktoun of Guthre and Estertoune of Guthre (with mill and mill lands)
Role
  • Mr David Guthre, provost of that Ilk: Procurator appearing for the pursuer (Mr David Gardin); also asked instrument earlier in the session regarding the value of the lands
  • Alexander Guthre of that Ilk, knight: One of the defenders (alleged wrongful occupation of parts of the lands of Kirktoun and Eastertoun of Guthrie)
Document Focus

Major land action re: Kirktoun & Eastertoun of Guthrie; pursuer upheld

Transcription / Translation
Original / Summary Transcription

Mr David Guthre asked instrument that Mr David Gardin “grantit in his resons that the landis war worth x li. maire than the soume that was pait in the letters of assedacion.”

Action by Mr David Gardin, portioner of the lands of Guthre, against William Abirkerdoure, John Aire, William Aire, Alexander Guthre of that Ilk, knight, James Durehame of the Grayng, Giles Scrymgeour, widow of Mr Thomas Durehame of the Grayng, and David Rossy of that Ilk, now her spouse, viz., William Abirkerdoure for wrongful occupation of the half of the lands of Kirktoun of Guthre, John and William Aire for wrongful occupation of the sixth part of the lands of Estertoune of Guthre “with twa akeris of land and the toft of the sammyn,” and the others for intromitting with part of the rents and profits of the said half lands of Kirktoun of Guthre. The said pursuer, Alexander Guthre of that Ilk and James Durehame of the Grayng compearing personally, and the rest compearing by Mr David Guthre, “provest of that Ilk,” and Alexander Boyis, their procurators alleged that “Alexander Guthre, knicht,” ought to warrant the said persons, and the said Alexander “grantit til warrand thame the sadis landis,” therefore the Lords ordain him “til werrand til the sadis persons the sadis landis and takkis gif thai ony have als mekle landis and als gude in uther placis as law will”; and having considered allegations and defences, the Lords find the whole defenders in the wrong to possess and uplift as libelled, because the said Alexander Guthre produced “ane letter under umquhile Thomas Tulloch of Bonyngtoune sele made til umquhile Maister David Guthre of that Ilk, of the sadis landis, quhilk was nocht ane sufficient tytle til him because it was nowthir ane sufficient assedacione nor impignoratione of the sadis landis”; and they ordain the pursuer to enjoy possession conform to his charter and sasine and confirmation thereof by the overlord, produced. “And attour ordanis ilk ane of the sadis partiis til discharge utheris of al soumes of money clamyt or to be askit apone utheris for the malis and proffittis of the sadis landis takin and intromettit be vertew of the sadis letters made be the sade umquhile Thomas Tullo til the sade umquhile Maister David Guthre in ony tyme bigane or be contract for the redemyng and outquyting of the sammyn.”

Modern English Translation

Mr David Guthrie asked instrument that Mr David Gardin “granted in his reasons that the lands were worth £10 more than the sum that was paid in the letters of assedation.”

Action by Mr David Gardin, portioner of the lands of Guthrie, against William Abirkerdoure, John Aire, William Aire, Alexander Guthrie of that Ilk, knight, James Durehame of the Grayng, Giles Scrymgeour (widow of Mr Thomas Durehame of the Grayng), and David Rossy of that Ilk (now her spouse), namely William Abirkerdoure for wrongful occupation of the half of the lands of Kirktoun of Guthrie, John and William Aire for wrongful occupation of the sixth part of the lands of Eastertoun of Guthrie “with two acres of land and the toft of the same,” and the others for intromitting with part of the rents and profits of the said half lands of Kirktoun of Guthrie. The said pursuer, Alexander Guthrie of that Ilk and James Durehame of the Grayng compearing personally, and the rest compearing by Mr David Guthrie, “provost of that Ilk,” and Alexander Boyis, their procurators alleged that “Alexander Guthrie, knight,” ought to warrant the said persons, and the said Alexander “granted to warrant them the said lands,” therefore the Lords ordain him “to warrant to the said persons the said lands and tacks if they any have as much lands and as good in other places as law will”; and having considered allegations and defences, the Lords find the whole defenders in the wrong to possess and uplift as libelled, because the said Alexander Guthrie produced “a letter under the late Thomas Tulloch of Bonnyngtoun’s seal made to the late Master David Guthrie of that Ilk, of the said lands, which was not a sufficient title to him because it was neither a sufficient assedation nor impignoration of the said lands”; and they ordain the pursuer to enjoy possession conform to his charter and sasine and confirmation thereof by the overlord, produced. “And moreover ordain each one of the said parties to discharge others of all sums of money claimed or to be asked upon others for the mails and profits of the said lands taken and intromitted with by virtue of the said letters made by the said late Thomas Tullo to the said late Master David Guthrie in any time bygone or by contract for the redeeming and outquitting of the same.”

Why This Record Matters

This lengthy and complex entry records a major land dispute over portions of the Kirktoun of Guthrie and Eastertoun of Guthrie (including mill lands). The Lords ultimately find the defenders in the wrong, uphold the pursuer’s title based on charter and sasine, and order accounting for rents and profits. It also records a warranty obligation accepted by Sir Alexander Guthrie of that Ilk and clarifies that an earlier letter under the seal of Thomas Tulloch to the late Mr David Guthrie was not a sufficient title. The entry demonstrates the Council’s careful scrutiny of titles, warranties, and intromissions in Forfarshire land cases.

Names Mr David Guthre, provost of that Ilk (and sometime Clerk Register), as procurator for the pursuer and as the recipient of an earlier (insufficient) title document from Thomas Tulloch. It also names Alexander Guthre of that Ilk, knight as a defender who accepted a warranty obligation over parts of the Guthrie lands and produced the earlier letter. This entry provides rich detail on the landholdings of the Guthries of that Ilk (Kirktoun and Eastertoun of Guthrie) and the involvement of Mr David Guthrie in both family land matters and legal representation. It reinforces the prominence of the Guthrie of that Ilk line in Angus/Forfarshire during the late 15th and early 16th centuries. Location note: Kirktoun of Guthrie and Eastertoun of Guthrie (with mill lands) in Angus/Forfarshire; connections to Maule, Erskine, Rossy, Scrymgeour, and Durham families.

Terms & Practices
  • Portioner: One who holds a portion or share of lands (often through inheritance or division).
  • Wrongful occupation / intromitting: Unlawful possession and taking of rents/profits.
  • Warrand / warrant: To guarantee or defend title/possession.
  • Assedacion: Lease or tack.
  • Impignoration: Pledge or mortgage.
  • Mails and proffittis: Rents and profits.
  • Outquyting: Redemption (paying off a debt or claim to recover lands).
  • Instrument: Formal notarial record of a statement or act.
For broader definitions, see Genealogy A to Z.
Research Note

This is the entry indexed under Mr David Guthrie (provost of that Ilk) and the lands of Kirktoun and Eastertoun of Guthrie on pp. 489–490. It is one of the most detailed land actions involving the Guthries in the volume and provides important evidence of titles, warranties, and family land divisions at Guthrie. The Lords’ decision strongly favoured the pursuer’s charter-based title over the earlier letter produced by Sir Alexander Guthrie. Location note: Core Guthrie family lands in Angus/Forfarshire.

Source: Civil Causes · Vol. II, printed p. 489–490. Open the digitized volume in HathiTrust →

Civil Causes · Volume III · 1501–1503

Open source volume

Acts of the Lords of Council in Civil Causes, Volume III covers A.D. 1501–1503. Edited by Alma B. Calderwood, with an introduction by Athol L. Murray.

Sir Alexander Guthrie of that Ilk; Mr. Malcolm Guthrie· Action by John Dempster of Ouchterles; letters put to execution via sheriff of Forfar

Volume III, page 29

Civil Causes · Vol. III
Date

10 May (1501 context)

Guthrie(s) Identified
  • Sir Alexander Guthrie of that Ilk, knight
  • Mr. Malcolm Guthrie
Role
  • Sir Alexander Guthrie of that Ilk: Party against whom action brought by John Dempster of Ouchterles (appearing by procurator Mr. Malcolm Guthrie)
  • Mr. Malcolm Guthrie: Procurator for Sir Alexander Guthrie
Document Focus

Action by John Dempster of Ouchterles; letters put to execution via sheriff of Forfar

Transcription / Translation
Original / Summary Transcription

“In the accione and caus persewit be Jhone Dempstir of Ouchtirles aganis Schir Alexander Guthre of that ilk, knicht, to bring with him our soverane lordis letteris purchest be him in this matir, contenit in the sade summonndis of before, til be sene and considerit gif thai be procedit of justice or nocht”, the said John being personally present and the said Sir Alexander compearing by Mr. Malcolm Guthre, his procurator, the lords decern that the sheriff of Forfar shall put the letters, passed upon a decreet of the lords, to execution, according to the said letters and decreet produced, and the lords ordain letters.

Modern English Translation

In the action and cause pursued by John Dempster of Ouchterles against Sir Alexander Guthrie of that Ilk, knight, to bring with him our sovereign lord’s letters purchased by him in this matter, contained in the said summons of before, to be seen and considered if they be proceeded of justice or not, the said John being personally present and the said Sir Alexander compearing by Mr. Malcolm Guthrie, his procurator, the Lords decern that the sheriff of Forfar shall put the letters, passed upon a decreet of the Lords, to execution, according to the said letters and decreet produced, and the Lords ordain letters.

Why This Record Matters

This entry shows the Lords of Council enforcing execution of prior decrees through sheriff action in Forfarshire. It highlights procedural follow-up on summons and letters, with personal appearance and procurator representation.

Names Sir Alexander Guthrie of that Ilk, knight as the party in an action by John Dempster of Ouchterles, appearing by his procurator Mr. Malcolm Guthrie. This is one of the earliest Vol. III references to Sir Alexander and introduces Mr. Malcolm Guthrie in a legal capacity. It continues Sir Alexander’s documented litigation pattern from Vol. II into the early years of James IV’s reign. Location note: Forfarshire (sheriff of Forfar); strong Angus/Forfarshire Guthrie of that Ilk connections.

Terms & Practices
  • Persewit aganis: Pursued against.
  • Compearing by procurator: Appearing through a legal representative.
  • Decern: Judicially decree.
  • Put the letters to execution: Enforce the letters/decreet via sheriff.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. III, printed p. 29. Open the digitized volume in HathiTrust →
James Guthrie (burgess of Dundee); Cristane Ferquhare (his spouse)· Wrongful intrometting of maills from Dundee tenement (Murray Gait); interim desist order

Volume III, page 73

Civil Causes · Vol. III
Date

30 July 1501 (post meridiem)

Guthrie(s) Identified
  • James of Guthre (burgess of Dundee)
  • Cristane Ferquhare (Christian Farquhar), his spouse
Role
  • Cristane Ferquhare (pursuer, spouse of James of Guthre): Pursuing action for wrongful intrometting and withholding of maills
  • James of Guthre: Husband of the pursuer; appearing jointly by procurator
Document Focus

Wrongful intrometting of maills from Dundee tenement (Murray Gait); interim desist order

Transcription / Translation
Original / Summary Transcription

“In the accione and caus persewit be Cristane Ferquhare, the spous of James of Guthre, burges of Dunde, aganis Wilyeam Ferquhare for the wrangus intrometting, uptaking, detencione and withhalding fra the sade Cristiane of the soum of xviij merkis usuale money of the ralme, of thre termes maile”, the said Christian and James compearing by Alexander Boyis, their procurator, and the said William not compearing, the lords decern that, “for ocht thai haf yit sene”, William shall desist from taking the maill of the lands and tenement (224 r.) in the burgh of Dunde on the north side of the Murray Gait between the land of Andrew Halis on the west and the land of the deceased David Weddirburne on the east, to be enjoyed by Christian according to her instrument of sasine produced. The lords ordain letters, assign to Christian 18th October next to prove the value and period of the maills taken by William, ordain letters to call witnesses and probation, the witnesses formerly summoned under greater penalties, and meanwhile continue the summons.

Modern English Translation

In the action and cause pursued by Cristane Ferquhare, the spouse of James of Guthre, burgess of Dundee, against William Ferquhare for the wrongful intrometting, uptaking, detention and withholding from the said Cristane of the sum of 18 merks usual money of the realm, of three terms’ maill, the said Christian and James compearing by Alexander Boyis, their procurator, and the said William not compearing, the Lords decern that, “for aught they have yet seen”, William shall desist from taking the maill of the lands and tenement in the burgh of Dundee on the north side of the Murray Gait between the land of Andrew Halis on the west and the land of the deceased David Weddirburne on the east, to be enjoyed by Christian according to her instrument of sasine produced. The Lords ordain letters, assign to Christian 18th October next to prove the value and period of the maills taken by William, ordain letters to call witnesses and probation, the witnesses formerly summoned under greater penalties, and meanwhile continue the summons.

Why This Record Matters

This entry records an action by a burgess’s wife (appearing with her husband) to protect her rights to maills (rents) from a tenement in Dundee. The Lords issue an interim order for the defender to desist and continue the case for proof. It illustrates the Council’s role in urban property and rental disputes in early 16th-century Dundee.

Names James of Guthre (burgess of Dundee) and his spouse Cristane Ferquhare (Christian Farquhar) as the pursuers in a maills action. This aligns with the index entry for James, burgess of Dundee (his spouse referenced as Christian Farquhar). It provides evidence of their property interests in Dundee and active legal engagement. Location note: Dundee (Murray Gait tenement); burgess status and local connections.

Terms & Practices
  • Intrometting / uptaking / detencione and withhalding: Wrongful interference with and retention of rents/profits.
  • Maill: Rent or duty from lands/tenements.
  • Instrument of sasine: Legal document proving possession/title.
  • Compearing by procurator: Appearing through a legal representative (here Alexander Boyis).
  • Decern that William shall desist: Order the defender to stop taking the rents.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. III, printed p. 73. Open the digitized volume in HathiTrust →
Alexander Guthrie of that Ilk, knight· Action re: pretended charter/sasine of Petlevy lands; ordered to produce retour & curatory letters

Volume III, page 126

Civil Causes · Vol. III
Date

4 March, post meridiem (1502 context)

Guthrie(s) Identified
  • Alexander Guthre of that Ilk, knight
Role
  • Curator (for the time) to the late Schir Thomas Mawle of Panmure; party summoned to produce retour and letters of curatory in an action concerning a pretended charter and sasine of the lands of Petlevy
Document Focus

Action re: pretended charter/sasine of Petlevy lands; ordered to produce retour & curatory letters

Transcription / Translation
Original / Summary Transcription

“In the accione and caus [persewit] be Thomas Mawle of Panmure, knicht, aganis Alexander Guthre of that ilk, knicht, curatour for the tyme til umquhile Schir Thomas Mawle of Panmure, knycht, his grantschir, to bring with [him] the retour and letteris of curatory that the sade umquhile Thomas was put under cure with, to be sene and understandin be the lordis of consale in sic wise that justice may be evinly ministrat be thaim anent the improving civilly of ane pretendit charter and instrument of sais ing made be umquhile the sade Thomas Mawle, his grantschir, to Wilyeam Ouchtirlony of Banhard of the landis of Petlevy”, the said Thomas being personally present and the said Alexander not compearing, the lords ordain letters to call Alexander to bring with him the said retour and letters of curatory on 23rd May next, under greater penalties, and meanwhile continue the summons.

Modern English Translation

In the action and cause pursued by Thomas Mawle of Panmure, knight, against Alexander Guthrie of that Ilk, knight, curator for the time to the late Sir Thomas Mawle of Panmure, knight, his grantschir, to bring with him the retour and letters of curatory that the said late Thomas was put under cure with, to be seen and understood by the Lords of Council in such wise that justice may be evenly ministered by them anent the improving civilly of a pretended charter and instrument of sasine made by the late said Thomas Mawle, his grantschir, to William Ouchtirlony of Banhard of the lands of Petlevy, the said Thomas being personally present and the said Alexander not compearing, the Lords ordain letters to call Alexander to bring with him the said retour and letters of curatory on 23rd May next, under greater penalties, and meanwhile continue the summons.

Why This Record Matters

This entry concerns curatory (guardianship) obligations and the production of documents (retour and letters of curatory) in a dispute over a charter and sasine of the lands of Petlevy. The Lords require the curator (Alexander Guthrie) to produce records for judicial review. It illustrates the Council’s role in overseeing curators and title challenges in Forfarshire land matters.

Names Alexander Guthre of that Ilk, knight as curator for the late Sir Thomas Mawle of Panmure (his grantschir) and as the party required to produce curatory documents in a title dispute involving the lands of Petlevy granted to William Ouchtirlony of Banhard. This continues Sir Alexander’s documented involvement in Forfarshire legal and land affairs (linking to Vol. II and earlier Vol. III entries). Location note: Forfarshire (Panmure, Petlevy); Guthrie of that Ilk and Mawle of Panmure connections.

Terms & Practices
  • Curatour / curator: Guardian or administrator (here for a minor or incapable person).
  • Retour: Return of an inquest confirming heirship or title.
  • Letters of curatory: Official documents confirming curatorship.
  • Improving civilly: Judicial challenge to the validity of a charter/instrument.
  • Grantschir: Great-grandfather or grandfather (here likely referring to a senior relative in the Mawle line).
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. III, printed p. 126. Open the digitized volume in HathiTrust →
Sir Alexander Guthrie of that Ilk, knight· Action by Mr. Andrew Cadiow for £91; partial payment ordered, £51 discharged, expenses awarded

Volume III, page 170

Civil Causes · Vol. III
Date

5 January 1503 (context)

Guthrie(s) Identified
  • Sir Alexander Guthre of that Ilk, knight
Role
  • Defendant in action for wrongful withholding of money; found liable for payment with some sums discharged
Document Focus

Action by Mr. Andrew Cadiow for £91; partial payment ordered, £51 discharged, expenses awarded

Transcription / Translation
Original / Summary Transcription

[Maister Andro Cadiow] again Schir [Alexandir Guthre] “In the accione and caus persewit be Maister Andro Cadiow aganis Alexandir Guthre of that ilk, knicht, for the wrangus withhalding fra him of the soum of fourscore and xj pundis usuale money of the realme”, the said Mr. Andrew being personally present and the said Alexander not compearing, the lords, in presence of the king, decern that Alexander shall pay £40 and £20 to Mr. Andrew, according to the obligation produced under Alexander’s subscription. They decern Alexander quit of £51 contained in his obligation, because Mr. Andrew granted before the Lords that they had been paid to him. The Lords also decern that Alexander shall pay Mr. Andrew’s expenses of plea, assigning to the latter 12th June next for proof thereof, and ordaining him to have letters to call witnesses and probation, summons for damages to be raised (14 r.) if necessary. The Lords further decern that Alexander shall pay 40s. to Mr. Gavin of Dunbar, clerk register, for his unlaw, towards the lords’ expenses. The Lords ordain letters for distraint.

Modern English Translation

Master Andrew Cadiow against Sir Alexander Guthrie In the action and cause pursued by Master Andrew Cadiow against Alexander Guthrie of that Ilk, knight, for the wrongful withholding from him of the sum of fourscore and eleven pounds usual money of the realm, the said Mr. Andrew being personally present and the said Alexander not compearing, the Lords, in presence of the king, decern that Alexander shall pay £40 and £20 to Mr. Andrew, according to the obligation produced under Alexander’s subscription. They decern Alexander quit of £51 contained in his obligation, because Mr. Andrew granted before the Lords that they had been paid to him. The Lords also decern that Alexander shall pay Mr. Andrew’s expenses of plea, assigning to the latter 12th June next for proof thereof, and ordaining him to have letters to call witnesses and probation, summons for damages to be raised if necessary. The Lords further decern that Alexander shall pay 40s. to Mr. Gavin of Dunbar, clerk register, for his unlaw, towards the lords’ expenses. The Lords ordain letters for distraint.

Why This Record Matters

This entry records a debt/withholding action in which the Lords (sitting in presence of the king) enforce payment according to a subscribed obligation, discharge part of the sum upon proof of prior payment, and award expenses. It demonstrates the Council’s authority in commercial/financial disputes and the use of distraint for enforcement.

Names Sir Alexander Guthre of that Ilk, knight as the party found liable to pay sums to Master Andrew Cadiow under a subscribed obligation, with partial discharge and liability for expenses. This continues the documented pattern of Sir Alexander’s financial and legal activity in the early 16th century. Location note: Angus/Forfarshire (Guthrie of that Ilk); connections to broader legal and financial networks.

Terms & Practices
  • Wrangus withhalding: Wrongful withholding of money.
  • Decern: Judicially decree.
  • Quit of: Discharged from liability for.
  • Expenses of plea: Legal costs of the action.
  • Unlaw: Fine or penalty.
  • Letters for distraint: Authority to seize goods/property for enforcement.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. III, printed p. 170. Open the digitized volume in HathiTrust →
Sir Alexander Guthrie of that Ilk; Eastertoun of Guthrie (lands + mill)· Required to warrant 6th part of Eastertoun of Guthrie lands/mill to James of Durehame (heir of Mr. Thomas Durehame)

Volume III, page 189

Civil Causes · Vol. III
Date

26 January 1503 (context)

Guthrie(s) Identified
  • Sir Alexander Guthre of that Ilk, knight
  • Eastertoun of Guthre (lands, with fourth of the mill and mill lands)
Role
  • Sir Alexander Guthrie of that Ilk: Party required to warrant, acquiet and defend lands of Eastertoun of Guthrie (appearing via charter produced)
  • Eastertoun of Guthrie lands/mill: Subject of the warranty action
Document Focus

Required to warrant 6th part of Eastertoun of Guthrie lands/mill to James of Durehame (heir of Mr. Thomas Durehame)

Transcription / Translation
Original / Summary Transcription

James of Durehame of Graing contra Schir Alexandir Guthrie “In the accione and caus persewit be James of Durehame of the Grayng aganis Schir Alexandir Guthre of that ilk, knicht, that is to say, to warrand, acquiet and defend to him the sext part of the landis of the Estertoune of Guthre”, with the fourth of the mill and mill lands thereof, the said James being personally present and the said Sir Alexander not compearing, the lords, in presence of the king, decern that Sir Alexander shall warrant, acquiet and defend the said lands, with the fourth of the mill and mill lands thereof, to James as heir to the deceased Mr. Thomas Durehame of the Grayng, his father, according to Sir Alexander’s charter to the said deceased Mr. Thomas and his heirs, produced under his seal, and they [ordain] letters. The Lords also decern that Sir Alexander shall pay James’s expenses of plea, assign to James 14th June next to prove the same and ordain him to have letters to call witnesses and probation, raising summons for damages if necessary. The Lords further decern that Sir Alexander shall pay 40s. to Mr. Gavin of Dunbar, clerk register, for his unlaw, towards the lords’ expenses, and they ordain letters for distraint.

Modern English Translation

James of Durehame of Graing against Sir Alexander Guthrie In the action and cause pursued by James of Durehame of the Grayng against Sir Alexander Guthrie of that Ilk, knight, that is to say, to warrant, acquiet and defend to him the sixth part of the lands of the Eastertoun of Guthrie, with the fourth of the mill and mill lands thereof, the said James being personally present and the said Sir Alexander not compearing, the Lords, in presence of the king, decern that Sir Alexander shall warrant, acquiet and defend the said lands, with the fourth of the mill and mill lands thereof, to James as heir to the deceased Mr. Thomas Durehame of the Grayng, his father, according to Sir Alexander’s charter to the said deceased Mr. Thomas and his heirs, produced under his seal, and they ordain letters. The Lords also decern that Sir Alexander shall pay James’s expenses of plea, assign to James 14th June next to prove the same and ordain him to have letters to call witnesses and probation, raising summons for damages if necessary. The Lords further decern that Sir Alexander shall pay 40s. to Mr. Gavin of Dunbar, clerk register, for his unlaw, towards the lords’ expenses, and they ordain letters for distraint.

Why This Record Matters

This entry records a warranty action in which the Lords (sitting in presence of the king) enforce Sir Alexander Guthrie’s obligation under his own charter to warrant lands of Eastertoun of Guthrie (including mill rights) to the heir of Mr. Thomas Durehame. It demonstrates the binding nature of feudal-style warranties and the Council’s role in title enforcement.

Names Sir Alexander Guthre of that Ilk, knight as the party required to warrant the sixth part of the lands of Eastertoun of Guthrie (with fourth of the mill and mill lands) to James of Durehame as heir to the late Mr. Thomas Durehame of the Grayng. This confirms Sir Alexander’s control over and involvement with Eastertoun of Guthrie lands and his charter obligations to the Durehame family. It aligns with Vol. II references to these same lands. Location note: Eastertoun of Guthrie (Angus/Forfarshire); strong local landholding and family connections.

Terms & Practices
  • Warrand, acquiet and defend: To warrant, acquit and defend title/possession (feudal warranty obligation).
  • Sext part: Sixth part (share) of the lands.
  • Unlaw: Fine or penalty.
  • Expenses of plea: Legal costs of the action.
  • Letters for distraint: Authority to seize goods/property for enforcement.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. III, printed p. 189. Open the digitized volume in HathiTrust →
Alexander Guthrie (portioner of Colzeane, deceased); John Guthrie (burgess of Perth); Gelis Mailevyne (relict)· Wrongful occupation of Colzeane pendicle (Cotgibbone); conjunct infeftment upheld for widow Gelis

Volume III, page 214

Civil Causes · Vol. III
Date

3 February 1503 (context)

Guthrie(s) Identified
  • Alexandir Guthre (portioner of Colzeane; deceased husband of Gelis of Mailevyne)
  • Jhone of Guthre (John Guthrie; defender)
  • Gelis of Mailevyne (Giles Melville; widow of Alexander Guthrie, portioner of Colzeane; pursuer)
Role
  • Gelis of Mailevyne (pursuer): Widow asserting rights via conjunct infeftment to lands of Colzeane (appearing by her new spouse David How as procurator)
  • Jhone of Guthre: Defender in wrongful occupation of pendicle of Colzeane lands
  • Alexandir Guthre (deceased): Former portioner of Colzeane; his conjunct infeftment rights now claimed by his widow Gelis
Document Focus

Wrongful occupation of Colzeane pendicle (Cotgibbone); conjunct infeftment upheld for widow Gelis

Transcription / Translation
Original / Summary Transcription

Gelis Mailevyne “In the accione and caus persewit be Gelis of Mailevile, the spous of umquhile Alexandir Guthre, porcioneare of Colzeane, aganis Jhone of Guthre, Alexandir Winter, Patrik Wellis and Jhone Brysone, burgessis of Perth, that is to say, the sade Jhone of Guthre and Alexandir Winter for the wrangus occupacioun, labouring and withhalding of ane pendicle of ane half of the landis of Colzeane callit Cotgibbone, be the space of x yeris last bipast”, the said Giles compearing by David How, now her spouse, as procurator, the said John Bryson being personally present and the remaining defenders not compearing, the lords, in the presence of the king, decern that the said John of Guthre and Alexander shall cease occupation of the said lands, which are to be enjoyed by Giles as conjunct infeftment according to her precept and instrument of sasine, both produced; and the Lords assign to Giles 20th March next to prove the said occupation by John Guthre and Alexander, the value, amount and period thereof, and the withholding of the said annuals by Patrick and John Brysone and the period thereof. The Lords ordain Giles to have letters to call witnesses and probation and meanwhile continue that part of the summons.

Modern English Translation

Gelis Mailevyne In the action and cause pursued by Gelis of Mailevyne, the spouse of the late Alexander Guthrie, portioner of Colzeane, against John of Guthrie, Alexander Winter, Patrick Wellis and John Brysone, burgesses of Perth, that is to say, the said John of Guthrie and Alexander Winter for the wrongful occupation, labouring and withholding of a pendicle of one half of the lands of Colzeane called Cotgibbone, for the space of ten years last bypast, the said Giles compearing by David How, now her spouse, as procurator, the said John Bryson being personally present and the remaining defenders not compearing, the Lords, in the presence of the king, decern that the said John of Guthrie and Alexander shall cease occupation of the said lands, which are to be enjoyed by Giles as conjunct infeftment according to her precept and instrument of sasine, both produced; and the Lords assign to Giles 20th March next to prove the said occupation by John Guthrie and Alexander, the value, amount and period thereof, and the withholding of the said annuals by Patrick and John Brysone and the period thereof. The Lords ordain Giles to have letters to call witnesses and probation and meanwhile continue that part of the summons.

Why This Record Matters

This entry records a land occupation dispute in which a widow (Gelis Mailevyne) successfully asserts her conjunct infeftment rights to lands of Colzeane (including a pendicle called Cotgibbone). The Lords order the defenders to cease occupation and continue the case for proof of value and period. It illustrates the protection of widows’ property rights and the use of conjunct infeftment in early 16th-century Perthshire/Forfarshire land cases.

Names Alexandir Guthre (portioner of Colzeane; deceased) as the former husband of Gelis of Mailevyne (Giles Melville), who is pursuing as widow to recover lands via conjunct infeftment. It also names Jhone of Guthre (John Guthrie, burgess of Perth) as a defender in wrongful occupation of part of the Colzeane lands. This aligns with the index entries for Alexander Guthrie (portioner of Colzeane) and John Guthrie (burgess of Perth) on p. 214. It provides evidence of Guthrie family landholding at Colzeane and connections to Perth burgesses. Location note: Colzeane (likely Forfarshire/Perthshire border area); Perth burgess connections.

Terms & Practices
  • Conjunct infeftment: Joint infeftment (typically between spouses), giving the survivor rights to the lands.
  • Pendicle: Small portion or appendage of lands.
  • Wrangus occupacioun, labouring and withhalding: Wrongful occupation, working and retaining of lands/rents.
  • Instrument of sasine / precept: Legal documents proving title/possession.
  • Compearing by procurator: Appearing through a legal representative (here David How, now her spouse).
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. III, printed p. 214. Open the digitized volume in HathiTrust →
Sir Alexander Guthrie of that Ilk, knight· Claim against John Dempster of Ouchterles for double payment of grain (oats, bere, pease) from Duke of Montrose; claim dismissed

Volume III, page 218

Civil Causes · Vol. III
Date

3 February 1503 (context)

Guthrie(s) Identified
  • Sir Alexander Guthre of that Ilk, knight
Role
  • Pursuer in action claiming double payment of grain (oats, bere, pease) against John Dempster of Ouchterles
Document Focus

Claim against John Dempster of Ouchterles for double payment of grain (oats, bere, pease) from Duke of Montrose; claim dismissed

Transcription / Translation
Original / Summary Transcription

Schir Alexandir Guthre “In the accione and caus persewit be Schir Alexandir Guthre of that ilk, knicht, aganis Jhone Dempstare of Ouchtirles, to heir and see the double payment of fourtie chaldiris of aitis, ten chaldiris of bere and ane halff chaldir of peis, previt payit be umquhile David, duke of Montros, to the sade Jhone Dempstar, and thairfore to heir him self decernit and adjugeit to refound and pay again to the sade Alexandir Guthre owthir the first payment of the sadis aitis, bere and peis or than the last, extending til the quantite forsade, because the sade Jhone Dempstar has takin double payment of the sadis cornis, as is allegit”, the parties being personally present, the lords, in presence of the king, decern the said John to be quit of the claim of the double of the said chalders as advanced by the said Sir Alexander and as libelled and asked in the said summons.

Modern English Translation

Sir Alexander Guthrie In the action and cause pursued by Sir Alexander Guthrie of that Ilk, knight, against John Dempster of Ouchterles, to hear and see the double payment of forty chalders of oats, ten chalders of bere and one half chalder of pease, proved paid by the late David, duke of Montrose, to the said John Dempster, and therefore to hear himself decerned and adjudged to refund and pay again to the said Alexander Guthrie either the first payment of the said oats, bere and pease or then the last, extending to the quantity foresaid, because the said John Dempster has taken double payment of the said corns, as is alleged, the parties being personally present, the Lords, in presence of the king, decern the said John to be quit of the claim of the double of the said chalders as advanced by the said Sir Alexander and as libelled and asked in the said summons.

Why This Record Matters

This entry records a claim by Sir Alexander Guthrie for double payment of grain (oats, bere, and pease) allegedly received by John Dempster of Ouchterles from the late Duke of Montrose. The Lords (sitting in presence of the king) dismiss the claim for double payment. It illustrates the Council’s handling of complex payment and accounting disputes involving high-status parties.

Names Sir Alexander Guthre of that Ilk, knight as the pursuer in a financial/grain payment claim against John Dempster of Ouchterles. This continues Sir Alexander’s documented pattern of litigation involving grain, land, and financial matters in Angus/Forfarshire. Location note: Angus/Forfarshire connections (Guthrie of that Ilk and Dempster of Ouchterles dispute).

Terms & Practices
  • Double payment: Claim that the same sum/grain was paid twice.
  • Decern … to be quit of the claim: Judicially discharge the defender from the claim.
  • Libelled: Formally stated in the summons.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. III, printed p. 218. Open the digitized volume in HathiTrust →
Sir Alexander Guthrie of that Ilk, knight (procurator); Margaret Lyon (pursuer; wife/future wife of Sir Alexander Guthrie)· Earliest documented direct association between Sir Alexander Guthrie and Margaret Lyon

Volume III, page 221

Civil Causes · Vol. III
Date

4 February 1503 (context)

Guthrie(s) Identified
  • Sir Alexander Guthre of that Ilk, knight
Role
  • Procurator for Margaret Lyoun (mother of James of Rynd) in a tutory/intromission action concerning the blenchferme lands of James of Rynd
Document Focus

Earliest documented direct association between Sir Alexander Guthrie and Margaret Lyon

Transcription / Translation
Original / Summary Transcription

Margaret Lyone “In the accione and caus persewit be Margaret Lyoun, modir til James of Rynd, son to James Rynd of Broxmouthe, aganis David Rynd as tutour and intromettour with the blanchferme landis pertenyng til the sade James of Rynd, to heire and see the lordis of our soverane lordis consale til modefy and decerne the expensis and sustentacione of the sade James Rynd of his blanchferme landis”, the said Margaret compearing by Sir Alexander Guthre of that ilk, kt., her procurator, and the said David not compearing, the lords, in presence of the king, understanding that the said lands pertain to the said James by infeftment, decern that David shall pay to Margaret as much of the maills and profits of the said lands as will provide James with food, drink, clothing and other necessaries according to his rank, for two years past and until James is seven years old, at which time the lords shall make further provision, the remainder of the profits remaining, upon account, in David’s hands, as tutor, until James’s lawful age. Should David refuse to obey this decree, the lords shall deprive him of office and decern a successor to him, and they ordain letters for distraint.

Modern English Translation

Margaret Lyone In the action and cause pursued by Margaret Lyoun, mother to James of Rynd, son to James Rynd of Broxmouthe, against David Rynd as tutor and intromettour with the blenchferme lands pertaining to the said James of Rynd, to hear and see the Lords of our sovereign lord’s Council to modify and decern the expenses and sustentation of the said James Rynd of his blenchferme lands, the said Margaret compearing by Sir Alexander Guthrie of that Ilk, knight, her procurator, and the said David not compearing, the Lords, in presence of the king, understanding that the said lands pertain to the said James by infeftment, decern that David shall pay to Margaret as much of the maills and profits of the said lands as will provide James with food, drink, clothing and other necessaries according to his rank, for two years past and until James is seven years old, at which time the Lords shall make further provision, the remainder of the profits remaining, upon account, in David’s hands, as tutor, until James’s lawful age. Should David refuse to obey this decree, the Lords shall deprive him of office and decern a successor to him, and they ordain letters for distraint.

Why This Record Matters

This entry records a tutory/intromission dispute in which the Lords (sitting in presence of the king) order provision for a minor (James of Rynd) from the profits of his blenchferme lands. Sir Alexander Guthrie appears as procurator for the mother. It illustrates the Council’s oversight of tutors and provision for minors in early 16th-century Scotland.

Names Sir Alexander Guthre of that Ilk, knight as procurator for Margaret Lyon in a matter concerning the lands and maintenance of her son James of Rynd. This is an important early association between Sir Alexander Guthrie and Margaret Lyon, here identified as mother of James Rynd. Margaret is not described as Sir Alexander’s spouse in this record, but she is documented as his wife by 1508.

Terms & Practices
  • Tutour / intromettour: Guardian/administrator of a minor’s estate.
  • Blenchferme landis: Lands held for nominal (blench) rent.
  • Modiefy and decerne the expensis and sustentacione: Determine and decree the expenses and maintenance.
  • Maills and profits: Rents and income from the lands.
  • Conjunct infeftment (implied in context): Joint ownership rights.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. III, printed p. 221. Open the digitized volume in HathiTrust →
John Guthrie in Tulloch· Part of group held liable to keep John Ogilby of Innerquharite & John Erskin harmless for £80 composition of remission

Volume III, page 239

Civil Causes · Vol. III
Date

9 February 1503 (context)

Guthrie(s) Identified
  • Jhone Guthre in Tulloch (John Guthrie in Tulloch)
Role
  • One of the defenders/sureties in a large group action concerning composition of remission and obligation to keep pursuers harmless
Document Focus

Part of group held liable to keep John Ogilby of Innerquharite & John Erskin harmless for £80 composition of remission

Transcription / Translation
Original / Summary Transcription

Jhone Ogilby of Innerquharite “In the accione and caus persewit be Jhone Ogilby of Innerquharite and Jhone Erskin, feare of Dun, aganis Thomas Ogilby of Clova, Jhone Ogilby of Bawnagarro, Jhone Lindesay of Lethnot, David Rawin of Colzeane, Jhone Scot, son and apperand aire to Jhone Scot of Arbieke, David Ogilby in Meklekenny, David Ogilby, Jhone Ogilby, brethir to the sade Thomas, Wilyeam Carnegy, Henry Reoch in Glennoy, Jhone Guthre in Tulloch, Jhone Broune in Fotharege, Robert Bane in Cortoquhy, Jhone Ogilby and Jhone Bowar, that quhare the sade Jhone Ogilby and Jhone of Erskin become souirte til David Betone in our soverane lordis name, for the soum of lxxx of li. for ane composicione of remissione to the sade Thomas Ogilby of Clova and the personis abonewrittin, and til heire thame be decernit til pay the sade soum til the sadis Jhone Ogilby and Jhone Erskin, togiddir with the double thairof”, the said John Ogilby of Innerquharite being personally present for himself and also as procurator for the said John of Erskin, and the said Thomas compearing by John of Ogilby, his procurator, the lords decern that Thomas and the remaining defenders shall keep John Ogilby of Innerquharite and John Erskin harmless and scaithless of the said £80 and of all damages sustained thereat the hands of the king, they having obliged themselves to John Ogilby and John Erskin in an instrument now produced, and they ordain letters for distraint. The Lords also decern that the defenders shall pay John Ogilby and John Erskin’s expenses of plea, assign to the latter 19th June next to prove the same and ordain them to have letters to call witnesses and probation, summons for damages to be raised if necessary. The Lords further decern that the defenders shall pay 40s. to Mr. Gavin of Dunbar, dean of Murray and clerk register, for their unlaws, towards the lords’ expenses, and they ordain letters for distraint.

Modern English Translation

John Ogilby of Innerquharite In the action and cause pursued by John Ogilby of Innerquharite and John Erskin, fiar of Dun, against Thomas Ogilby of Clova, John Ogilby of Bawnagarro, John Lindsay of Lethnot, David Rawin of Colzeane, John Scot (son and apparent heir to John Scot of Arbieke), David Ogilby in Meklekenny, David Ogilby, John Ogilby (brethren to the said Thomas), William Carnegy, Henry Reoch in Glennoy, John Guthrie in Tulloch, John Broune in Fotharege, Robert Bane in Cortoquhy, John Ogilby and John Bowar, that whereas the said John Ogilby and John of Erskin became sureties to David Betone in our sovereign lord’s name for the sum of £80 for a composition of remission to the said Thomas Ogilby of Clova and the persons above written, and to hear them be decerned to pay the said sum to the said John Ogilby and John Erskin, together with the double thereof, the said John Ogilby of Innerquharite being personally present for himself and also as procurator for the said John of Erskin, and the said Thomas compearing by John of Ogilby, his procurator, the Lords decern that Thomas and the remaining defenders shall keep John Ogilby of Innerquharite and John Erskin harmless and skaithless of the said £80 and of all damages sustained thereat the hands of the king, they having obliged themselves to John Ogilby and John Erskin in an instrument now produced, and they ordain letters for distraint. The Lords also decern that the defenders shall pay John Ogilby and John Erskin’s expenses of plea, assign to the latter 19th June next to prove the same and ordain them to have letters to call witnesses and probation, summons for damages to be raised if necessary. The Lords further decern that the defenders shall pay 40s. to Mr. Gavin of Dunbar, dean of Murray and clerk register, for their unlaws, towards the lords’ expenses, and they ordain letters for distraint.

Why This Record Matters

This entry records a large surety/remission action in which a group of defenders (including John Guthrie in Tulloch) are held liable to keep the pursuers harmless for a £80 composition paid on their behalf. The Lords enforce the obligation and award expenses. It illustrates collective liability and the use of suretyship in remission cases.

Names Jhone Guthre in Tulloch (John Guthrie in Tulloch) as one of the defenders/sureties in a major obligation to keep John Ogilby of Innerquharite and John Erskin harmless for a £80 composition of remission. This is the indexed entry for John Guthrie in Tulloch on p. 239 and places him among a wide network of northern/Perthshire figures involved in legal suretyship. Location note: Tulloch and broader northern/Perthshire connections.

Terms & Practices
  • Souirte / sureties: Suretyship or guarantee.
  • Composition of remission: Payment for royal pardon/remission of offences.
  • Harmless and skaithless: Indemnified against loss or damage.
  • Unlaws: Fines or penalties.
  • Letters for distraint: Authority to seize goods/property for enforcement.
For broader definitions, see Genealogy A to Z.
Source: Civil Causes · Vol. III, printed p. 239. Open the digitized volume in HathiTrust →

Public Affairs · 1501–1554

Open source volume

Acts of the Lords of Council in Public Affairs, 1501–1554, edited by Robert Kerr Hannay, contains selections from the Acta Dominorum Concilii introductory to the Register of the Privy Council of Scotland. The Guthrie entries here extend the collection beyond private civil litigation into royal ward, marriage-finance and ransom matters.

Alexander Guthrie of Kyncaldrum; David Guthrie of that Ilk; John Guthrie of Ballinbreich· Royal command for caution regarding Alexander Guthrie’s ward in Edinburgh Castle (penalty 5,000 merks)

Public Affairs, page 462

Public Affairs
Date

15 January 1538

Guthrie(s) Identified
  • Alexander Guthrie of Kyncaldrum
  • David Guthrie of that Ilk
  • John Guthrie of Ballinbreich
Role
  • Alexander Guthrie of Kyncaldrum: Person in ward (required to find caution)
  • David Guthrie of that Ilk & John Guthrie of Ballinbreich: Cautioners/sureties
Document Focus

Royal command for caution regarding Alexander Guthrie’s ward in Edinburgh Castle (penalty 5,000 merks)

Transcription / Translation
Original / Summary Transcription

“Chancellar and lordis of our counsale, it is our will and we charge you that ye ressave sufficient cautioun and souirte of Alexander Guthre of Kyncaldrum that he sall nocht eschew nor evaid furth of our ward in our castell of Edinburgh induring our will, undir the pane of fyve thowsand merkis; and the said souirte being fundin, that ye caus him to be put to fre ward within our said castell to pas in ony parte tharof quhair he pleissis, as ye will answer to us tharupoun. Subscrivit with our hand and undir our signett at Linlithqw the secund day of Januar and of our regnne the xxv yeire.” “James R.” [autograph signature].

David Guthre of that Ilk, David Raite of Drumnagar, John Guthre of Ballinbreich, and David Raite of Jaxtoun become cautioners before the lords.

Modern English Translation

Chancellor and lords of our council, it is our will and we charge you that you receive sufficient caution and surety of Alexander Guthrie of Kyncaldrum that he shall not escape nor evade further from our ward in our castle of Edinburgh during our will, under the pain of five thousand merks; and the said surety being found, that you cause him to be put to free ward within our said castle to pass in any part thereof where he pleases, as you will answer to us thereupon. Subscribed with our hand and under our signet at Linlithgow the second day of January and of our reign the twenty-fifth year. “James R.” [autograph signature].

David Guthrie of that Ilk, David Raite of Drumnagar, John Guthrie of Ballinbreich, and David Raite of Jaxtoun become cautioners before the lords.

Why This Record Matters

This entry records a royal command from James V requiring substantial caution (surety) for Alexander Guthrie of Kyncaldrum, who was being held in ward in Edinburgh Castle. The large penalty (£5,000 merks) reflects the seriousness of the matter. It illustrates the use of personal suretyship and the King’s direct intervention in cases of wardship and confinement.

Names three Guthries:

  • Alexander Guthrie of Kyncaldrum (the individual in ward)
  • David Guthrie of that Ilk (cautioner)
  • John Guthrie of Ballinbreich (cautioner)

This provides valuable connections between different branches of the Guthrie family in the mid-16th century and shows their involvement in high-level suretyship obligations. Location note: Kyncaldrum, Ballinbreich, and other Angus/Forfarshire or eastern Scottish estates.

Terms & Practices
  • Cautioun and souirte: Caution and surety (personal guarantee).
  • Ward: Confinement or custody (often in a royal castle).
  • Eschew nor evaid furth of our ward: Escape or evade from custody.
  • Become cautioners: Act as sureties/guarantors.
For broader definitions, see Genealogy A to Z.
Source: Public Affairs, printed p. 462. Open the digitized volume in HathiTrust →
Alexander Guthrie· Half of 2000 merk tocher in marriage contract of Thomas, Master of Erskine to Margaret Fleming (with Robert Carnegie of Kinnaird)

Public Affairs, page 580

Public Affairs
Date

4 February 1549

Guthrie(s) Identified
  • Alexander Guthrie
Role
  • Co-obligant for payment of half the tocher (dowry) of 2000 merks in a marriage contract
Document Focus

Half of 2000 merk tocher in marriage contract of Thomas, Master of Erskine to Margaret Fleming (with Robert Carnegie of Kinnaird)

Transcription / Translation
Original / Summary Transcription

Registered contract (Edin., Jan. 30) by the Dowager for herself and Jane, Lady Fleming, and Margaret Fleming, “maistres Graham,” her daughter, and Thomas, Master of Erskine, who shall in all goodly haste marry Margaret, now a widow, causing John Cunynghame to infeft her in liferent of Drumquhessill (bringing £100), under the Queen’s confirmation, with reversion as soon as she is married and has conjunct infeftment of Balmokelly (Aberd.): he shall also with all diligence procure from Rome dispensation for third and fourth and fourth degrees of affinity, or any further impediment afterwards ascertained, notwithstanding that the marriage is instantly to be completed “scienter and the said impediment knawin”: in the event (which God forbid) of divorce, Margaret shall enjoy her liferent or conjunct-fee lands till repayment of 2000 merks tocher now undertaken by the Dowager on behalf of Lady Fleming, and payable at Whitsunday next, half by Robert Carnegy of Kynnard and Alexander Guthrie, half by Finlay Campbell of Corswell. The Dowager’s bond of relief in favour of Campbell is also registered.

Modern English Translation

Registered contract (Edinburgh, 30 January) by the Dowager for herself and Jane, Lady Fleming, and Margaret Fleming, “maistres Graham,” her daughter, and Thomas, Master of Erskine, who shall in all goodly haste marry Margaret, now a widow, causing John Cunningham to infeft her in liferent of Drumquhessill (bringing £100), under the Queen’s confirmation, with reversion as soon as she is married and has conjunct infeftment of Balmokelly (Aberdeenshire): he shall also with all diligence procure from Rome dispensation for third and fourth and fourth degrees of affinity, or any further impediment afterwards ascertained, notwithstanding that the marriage is instantly to be completed “knowingly and the said impediment known”: in the event (which God forbid) of divorce, Margaret shall enjoy her liferent or conjunct-fee lands till repayment of 2000 merks tocher now undertaken by the Dowager on behalf of Lady Fleming, and payable at Whitsunday next, half by Robert Carnegie of Kinnaird and Alexander Guthrie, half by Finlay Campbell of Corswell. The Dowager’s bond of relief in favour of Campbell is also registered.

Why This Record Matters

This entry records a detailed marriage contract involving high-status families (Fleming, Erskine, Carnegie, Guthrie, Campbell). It includes provisions for liferents, conjunct infeftment, papal dispensation for consanguinity, and financial securities. The involvement of multiple cautioners for the tocher highlights the complex financial arrangements surrounding noble marriages in mid-16th-century Scotland.

Names Alexander Guthrie as one of the co-obligants (with Robert Carnegie of Kinnaird) for payment of half the 2000 merk tocher in the marriage of Thomas, Master of Erskine to Margaret Fleming. This places him in a network of prominent families involved in noble marriage settlements. Further identification of this Alexander Guthrie (branch and location) would be valuable for family reconstruction. Location note: Connections to Aberdeenshire (Balmokelly) and eastern Scotland.

Terms & Practices
  • Tocher: Dowry or marriage portion paid by the bride’s family.
  • Liferent: Right to enjoy the profits of lands during one’s lifetime.
  • Conjunct infeftment: Joint ownership (typically between spouses).
  • Dispensation from Rome: Papal permission to marry despite degrees of consanguinity/affinity.
  • Bond of relief: Guarantee to protect another party from loss.
For broader definitions, see Genealogy A to Z.
Source: Public Affairs, printed p. 580. Open the digitized volume in HathiTrust →
Sir James Guthrie, parson of Kirkbuddo· Action concerning 500 crowns ransom paid to the English at Broughty

Public Affairs, page 639

Public Affairs
Date

1554–1557 (referencing an earlier act from A.D. xvi, f. 104)

Guthrie(s) Identified
  • Sir James Guthrie, parson of Kirkbuddo
Role
  • Person whose ransom (500 crowns of the sun) is the subject of the action
Document Focus

Action concerning 500 crowns ransom paid to the English at Broughty

Transcription / Translation
Original / Summary Transcription

(15) Action anent 500 crowns of the sun, the ransom of Sir James Guthrie, parson of Kirkbuddo, to the English in Broughty (A.D. xvi, f. 104).

Modern English Translation

(15) Action concerning 500 crowns of the sun, the ransom of Sir James Guthrie, parson of Kirkbuddo, to the English in Broughty.

Why This Record Matters

This brief entry refers to an action regarding the ransom of a Scottish cleric, Sir James Guthrie (parson of Kirkbuddo), who had been captured by English forces at Broughty (Broughty Castle/Ferry) during the period of Anglo-Scottish conflict in the mid-16th century (likely the Rough Wooing era). The sum of 500 crowns of the sun was a significant amount, indicating his status and the seriousness of the matter.

Names Sir James Guthrie, parson of Kirkbuddo, as the individual whose ransom was the subject of legal proceedings. This provides evidence of a clerical branch of the Guthrie family active in Angus (Kirkbuddo is in Forfarshire/Angus) during the mid-16th century. Location note: Kirkbuddo (Angus) and Broughty (Dundee area).

Terms & Practices
  • Action anent: Legal action concerning.
  • Crowns of the sun: French gold coin (écu au soleil) commonly used in ransom payments.
  • Ransom: Payment for release from captivity.
For broader definitions, see Genealogy A to Z.
Source: Public Affairs, printed p. 639. Open the digitized volume in HathiTrust →

Guthrie Research Sketches

These sketches synthesize the Guthrie individuals represented in the Acts and preserve the page’s cross-source evidence, theories, research priorities and current assessments. Documentary facts and provisional identifications remain visually distinct through their original subsection headings.

Mr David Guthrie of that Ilk

Source References

Acts of the Lords of Council in Civil Causes, Vol. II, pp. 29, 53, 483, 489–490.

Acts of the Lords of Council in Public Affairs, 1538.

Facts from the Records

Mr David Guthrie of that Ilk appears in the Acts of the Lords of Council in connection with the administration and defense of the lands and interests of the Guthrie family.

The records identify him as “Mr David Guthrie of that Ilk” and, in a later proceeding, as Provost of that Ilk. These references are treated here as the same individual rather than separate Guthries.

In the litigation recorded on 17 January 1496–97, Sir Alexander Guthrie of that Ilk was involved in a dispute concerning the detention and spuilzie of grain belonging to John Dempster of Auchterless. The broader proceedings establish the legal and property network within which the Guthrie family was operating during this period.

An earlier proceeding on Vol. II, p. 53 is particularly important. Sir Alexander Guthrie of that Ilk appeared in litigation concerning grain and property, with John Guthrie appearing among the witnesses. The proceeding also establishes the prominence of the Guthrie of that Ilk family within the Dundee/Brechin legal network.

On 12 March 1500–01Elizabeth Guthrie, widow of Alexander Maule, appeared through Mr David Guthrie, provost of that Ilk, in an action concerning her rights in the lands of Cammystone and Hadirweik.

Elizabeth asserted her rights under her conjunct infeftment. The Lords protected her possession and recognized her claim, making David’s role as her procurator or legal representative explicit.

This record is significant because it identifies David not simply as “of that Ilk,” but specifically as “provost of that Ilk.”The office designation reinforces the identification of this David with the same individual appearing elsewhere in the Guthrie proceedings.

On 17 March 1500–01, David appears in connection with the important litigation concerning Kirktoun and Eastertoun of Guthrie. The proceeding refers to an earlier letter under the seal of Thomas Tulloch of Bonnyngtoun, addressed to the late Mr David Guthrie of that Ilk.

The case concerned competing claims to the Guthrie lands and the validity of documents relating to those lands. The reference to David as “late” demonstrates that he had died by March 1500–01.

The proceedings therefore provide a useful chronological endpoint for David’s life and establish that he was sufficiently prominent within the Guthrie estate to be involved in its documentary and legal affairs.

Cross-Source Evidence

The repeated use of the designation “Mr David Guthrie of that Ilk”, together with the later designation “provost of that Ilk,” supports treating the references as one individual.

The evidence places David within the same Guthrie of that Ilk succession and legal network as Sir Alexander Guthrie of that Ilk.

The 17 March 1500–01 reference to the late Mr David Guthrie of that Ilk is particularly useful because it provides evidence that David was deceased by that date.

The Elizabeth Guthrie/Alexander Maule proceeding also provides an important family-network connection. Elizabeth Guthrie was the widow of Alexander Maule, and her legal representation by David places him in a position of trust or authority within the extended Guthrie/Maule network.

The record should not, however, be interpreted as proving a specific parent-child or sibling relationship between David and Elizabeth without additional evidence.

Relationship to Sir Alexander Guthrie of that Ilk

David’s precise relationship to Sir Alexander Guthrie of that Ilk requires careful consideration.

The Acts establish that David was a senior member of the Guthrie of that Ilk family and that his affairs were closely connected with the Guthrie estate.

The reference to the late Mr David Guthrie of that Ilk in the Eastertoun/Kirktoun litigation occurs while Sir Alexander Guthrie of that Ilk was actively defending and administering Guthrie property.

This strongly supports placing David in the immediate preceding generation of the Guthrie of that Ilk family, but the Acts alone do not explicitly state that he was Alexander’s father.

That relationship is now established by separate primary-source evidence for Sir Alexander: the 23 August 1474 sasine in GD188/1/1 identifies Alexander Guthrie as son and heir of the deceased David Guthre of Guthrie, knight.

Accordingly, the combined evidence establishes:

Sir David Guthrie of Guthrie, knight → Alexander Guthrie, son and heir

while the Acts provide additional evidence concerning the legal and social position of David as Mr David Guthrie of that Ilk / Provost of that Ilk.

Whether the David Guthrie of the 1474 sasine and the Mr David Guthrie of that Ilk appearing in the Acts are to be understood as the same individual is strongly supported by the chronology, territorial designation, and succession evidence.

Genealogical Significance

Mr David Guthrie of that Ilk is an important transitional figure in the Guthrie of that Ilk succession.

The combined evidence establishes:

  • David Guthrie of Guthrie, knight, as the father of the later Sir Alexander Guthrie;
  • Alexander’s status as son and heir in 1474;
  • Mr David Guthrie of that Ilk as a prominent member of the Guthrie family during the late fifteenth century;
  • David’s identification as Provost of that Ilk;
  • his involvement in the legal affairs of the Guthrie estate;
  • his representation of Elizabeth Guthrie, widow of Alexander Maule;
  • and his death before 17 March 1500–01.

The identification of David as Provost of that Ilk is particularly useful because it demonstrates that the Guthrie family held a position of local authority and that David was operating within both the landed and civic/legal structures of his community.

Research Priorities

Further research should seek:

  • additional records identifying Mr David Guthrie of that Ilk / Provost of that Ilk;
  • records documenting his tenure of the office of provost;
  • additional evidence concerning his marriage and children;
  • the identity and family of his wife;
  • additional records connecting him with Elizabeth Guthrie and the Maule family;
  • the full documentary sequence surrounding Kirktoun and Eastertoun of Guthrie;
  • and additional records in GD188/1/1, Writs of the Lands of Guthrie, that may clarify the succession from David to Alexander.

The relationship between David and Elizabeth Guthrie should remain an open research question rather than being inferred solely from their legal association.

Current Assessment

Identity: Documented — Mr David Guthrie of that Ilk.

Alternative designation: Documented — Provost of that Ilk.

Territorial association: Guthrie, Angus/Forfarshire.

Status: Prominent member of the Guthrie of that Ilk family; involved in legal and property affairs.

Father of Sir Alexander Guthrie of that Ilk: Documented through the 23 August 1474 sasine in GD188/1/1, which identifies Alexander as son and heir of David Guthre of Guthrie, knight.

Relationship to Elizabeth Guthrie, widow of Alexander Maule: Legal association documented; precise family relationship unresolved.

Death: Documented as deceased by 17 March 1500–01.

Relationship to the later Guthrie of that Ilk succession: Strongly established through the combined succession and Acts evidence.

Sir Alexander Guthrie of that Ilk, Knight

Source References

Writs of the Lands of Guthrie, National Records of Scotland, GD188/1/1, sasine dated 23 August 1474.

Acts of the Lords of Council in Civil Causes, Vol. II, pp. 53, 144, 298, 351, 373, 486, 489–490; Vol. III, pp. 29, 126, 170, 189, 218, 221.

Acts of the Lords of Council in Public Affairs, 1538 and 1549.

Facts from the Records

A sasine among the Writs of the Lands of Guthrie dated 23 August 1474 identifies Alexander Guthrie as son and heir of the deceased David Guthre of Guthrie, knight, in connection with the lands of Guthrie.

This provides direct primary-source evidence that Alexander was the son and heir of Sir David Guthrie of Guthrie. The record does not identify Alexander’s mother.

The 1474 record provides an important chronological anchor for the later Sir Alexander Guthrie of that Ilk, knight, who appears repeatedly in the Acts of the Lords of Council from the 1490s through the early sixteenth century.

Mother: Documented — Jonete, wife of Sir David Guthrie. Her surname is not established by the cited primary evidence; “Dundas” remains a traditional identification requiring confirmation.

Sir Alexander’s earliest appearance in this record set is on 17 January 1496–97, when he pursued John Dempster of Auchterless concerning the alleged wrongful detention and spuilzie of substantial quantities of grain. The disputed property included 40 chalders of oats, 10 chalders of bere, and half a chalder of pease, allegedly taken from the lands of Pettintostale by William Carmichael. Sir Alexander had become pledge before the justice in the justice ayre of Dundee.

On 19 March 1497–98, the Lords ordered Sir Alexander to restore the same grain to John Dempster because he had failed to prove that it had already been restored and paid for. Execution of distraint against his lands and goods was temporarily postponed by consent of the parties.

On 14 January 1498–99, William Carmichael protested concerning a summons raised by Sir Alexander requiring Carmichael to relieve and keep him skaithless in connection with the grain claimed by Dempster. Sir Alexander failed to appear to pursue the matter. A further protest concerning the same relief action appears on 31 January 1499–1500.

On 20 January 1499–1500, Sir Alexander pursued William Carmichael concerning ten chalders of oats, with Carmichael appointing procurators in the action. These proceedings form part of the continuing series of litigation over the grain taken from the lands of Dempster.

On 15 March 1500–01, Sir Alexander is expressly identified as the Laird of Guthrie. He entered a protective protest concerning the capacity in which he had been called to warrant certain lands. The same proceeding records that he granted to James of Durham, David Rossy of that Ilk, and Gelis Scrymgeour, his spouse, a warrant and defence concerning the lands of Eastertoun of Guthrie, including the mill and mill lands, in their tacks and mailings.

On 17 March 1500–01, Sir Alexander was involved in the major litigation concerning Kirktoun and Eastertoun of Guthrie. He appeared as a defender in a dispute over the Guthrie lands and accepted a warranty obligation. The proceeding also records an earlier letter under the seal of Thomas Tulloch of Bonnyngtoun addressed to the late Mr David Guthrie of that Ilk.

On 10 May 1501, Sir Alexander appeared in another action brought by John Dempster of Auchterless. He appeared through his procurator, Mr Malcolm Guthrie, and the Lords ordered the sheriff of Forfar to put the relevant royal letters and earlier decree to execution.

On 4 March 1502, Sir Alexander appears as curator for the late Sir Thomas Maule of Panmure, in an action concerning a purported charter and instrument of sasine for the lands of Petlevy. The Lords ordered him to produce the retour and letters of curatory relating to the late Sir Thomas Maule.

On 5 January 1503, Sir Alexander was sued by Mr Andrew Cadiow for wrongful withholding of £91. The Lords ordered Alexander to make specified payments under an obligation bearing his subscription, while discharging him from a further £51 that Cadiow acknowledged had already been paid.

On 26 January 1503, Sir Alexander was required to warrant, acquiet, and defend the sixth part of the lands of Eastertoun of Guthrie, including the fourth part of the mill and mill lands, to James of Durham of the Graing, heir of the deceased Mr Thomas Durham. The obligation was based upon a charter granted by Sir Alexander to Thomas Durham and his heirs.

On 3 February 1503, Sir Alexander pursued John Dempster for alleged double payment of the grain involved in the earlier dispute. Alexander claimed that Dempster had received the same quantities of oats, bere, and pease both from him and from the late David, Duke of Montrose. The Lords ultimately found Dempster quit of Alexander’s claim.

On 4 February 1503, Sir Alexander acted as procurator for Margaret Lyon in an action concerning the maintenance and property of her son James Rynd, son of James Rynd of Broxmouth. Margaret was pursuing David Rynd, tutor and intromettor with James’s blenchferme lands. Sir Alexander appeared on Margaret’s behalf, and the Lords ordered that sufficient rents and profits from James’s lands be paid for his maintenance until he reached seven years of age.

This 1503 appearance is particularly significant because Margaret Lyon is later explicitly identified as Margaret Lyone, Lady Guthrie, in the 1518 marriage contract of her daughter Elizabeth Guthrie and John Ogilvy. The 1503 record therefore provides contemporary evidence of Sir Alexander’s legal association with Margaret before the later marriage evidence.

Cross-Source Evidence

The 1474 sasine provides the critical documentary link between Sir David Guthrie of Guthrie, knight, and the later Sir Alexander.

The wording identifying Alexander as “son and heir” of the deceased David Guthrie establishes the father-son relationship and explains the subsequent succession of Alexander to the Guthrie estate.

The chronology is consistent:

Sir David Guthrie of Guthrie, knight

Alexander Guthrie, son and heir — documented 23 August 1474

Sir Alexander Guthrie of that Ilk, knight / Laird of Guthrie — documented 1496–1503

The repeated identification of Alexander as “of that Ilk” and, in 1500–01, as “Laird of Guthrie,” establishes him as the principal holder of the Guthrie estate during this period.

His extensive involvement in litigation concerning Eastertoun and Kirktoun of Guthrie demonstrates direct control over or responsibility for significant portions of the Guthrie lands.

His legal activities also demonstrate a broad network extending beyond the immediate Guthrie family, including the Dempsters of Auchterless, Maule family of Panmure, Durhams, Rossys, Scrymgeours, and Rynd family.

The appearance of Mr Malcolm Guthrie as Sir Alexander’s procurator in 1501 establishes another Guthrie operating within his legal network, although the relationship between Malcolm and Sir Alexander is not established by this record alone.

The 1503 appearance as procurator for Margaret Lyon is particularly important genealogically. Margaret had been documented as the widow of James Rynd in the earlier proceedings. By 1518 she was explicitly Margaret Lyone, Lady Guthrie, establishing a Guthrie–Lyon marriage. The Acts therefore place Sir Alexander in a documented legal relationship with Margaret in 1503, between her first husband’s death and the later marriage evidence.

Public Affairs Evidence

The later Acts of the Lords of Council in Public Affairs contain two references to men named Alexander Guthrie that require careful treatment.

On 15 January 1538Alexander Guthrie of Kyncaldrum was in ward in Edinburgh Castle, and David Guthrie of that Ilk and John Guthrie of Ballnabreich became cautioners for him. The required caution was under a penalty of 5,000 merks.

The territorial designation “of Kyncaldrum” distinguishes this Alexander from the fifteenth- and early-sixteenth-century Sir Alexander Guthrie of that Ilk. He should therefore be treated as a later and separate Alexander Guthrie.

On 4 February 1549, an Alexander Guthrie appears without a territorial designation as one of the co-obligants for half of a 2,000-merks tocher in the marriage arrangement of Thomas, Master of Erskine, and Margaret Fleming. The other co-obligants were Robert Carnegie of Kinnaird and Finlay Campbell of Corswell.

Because the 1549 Alexander is not territorially identified, he cannot presently be securely identified with Alexander Guthrie of Kyncaldrum or another known Alexander Guthrie.

Possible identification — unconfirmed: The 1549 Alexander is retained here as a possible but unconfirmed match to the Guthrie family represented by Sir Alexander, but there is currently no evidence establishing that he is the same individual. The chronological gap alone makes direct identification impossible, and he may represent another later generation or branch of the Guthrie family.

Theories & Possibilities

The 1474 sasine substantially resolves one important question concerning Sir Alexander’s ancestry: his father was Sir David Guthrie of Guthrie, knight.

The evidence also establishes a clear succession from Sir David to Alexander and then the appearance of Alexander as Laird of Guthrie in the Acts of the Lords of Council.

Sir Alexander was clearly a substantial landholder and prominent member of the Guthrie of that Ilk family. His legal activities demonstrate responsibility for the estate’s lands, mills, leases, warranties, and financial obligations.

His role as procurator for Margaret Lyon adds an important dimension to his family network. The evidence supports the existence of a Guthrie–Lyon marriage by 1518 and places Sir Alexander in Margaret’s legal affairs in 1503. The exact date of their marriage remains unknown, but the presently documented window is after Margaret’s appearance as a widow and before Sir Alexander’s death at Flodden in September 1513.

The record does not by itself establish the parentage of Margaret Lyon’s husband, but the identification of Sir Alexander as her procurator is important cumulative evidence when considered with the later Margaret Lyone, Lady Guthriedesignation.

Genealogical Significance

Sir Alexander Guthrie of that Ilk is one of the most important Guthrie individuals represented in the Acts.

The combined evidence now establishes:

  • Sir David Guthrie of Guthrie, knight, as Sir Alexander’s father;
  • Alexander’s status as son and heir by 23 August 1474;
  • Sir Alexander’s later status as Laird of Guthrie;
  • his extensive legal involvement from 1496 through 1503;
  • his control over or responsibility for Guthrie, Eastertoun, and associated mill lands;
  • his role as curator for Sir Thomas Maule of Panmure;
  • his legal association with the Dempster, Maule, Durham, Rossy, Scrymgeour, and Rynd families;
  • his use of Mr Malcolm Guthrie as a procurator;
  • and his documented role as procurator for Margaret Lyon in 1503.

The 1474 sasine is particularly important because it provides a primary-source genealogical anchor that does not depend upon later traditional pedigrees.

Research Priorities

Further research should focus on:

  • Establishing whether the documented Jonete, wife of Sir David and mother of Sir Alexander, can be independently identified with the traditionally named Janet Dundas.
  • locating additional records concerning Alexander’s succession after his father’s death;
  • tracing the Eastertoun and Kirktoun of Guthrie titles and divisions;
  • investigating the relationship between Sir Alexander and Mr Malcolm Guthrie;
  • identifying additional records connecting Sir Alexander and Margaret Lyon between 1503 and 1513;
  • locating the 1518 marriage contract of Elizabeth Guthrie and John Ogilvy and extracting all references to Margaret and Sir Alexander;
  • investigating the circumstances of Sir Alexander’s death at Flodden in September 1513;
  • and systematically examining GD188/1/1, Writs of the Lands of Guthrie, for additional succession and property records.

The 1538 Alexander Guthrie of Kyncaldrum should be investigated as a separate later individual.

The 1549 Alexander Guthrie should remain flagged as an unconfirmed possible identification until a territorial designation, family connection, or intervening record establishes his identity.

Current Assessment

Identity: Documented — Sir Alexander Guthrie of that Ilk, knight.

Father: Documented — Sir David Guthrie of Guthrie, knight, identified as Alexander’s father in the 23 August 1474 sasine.

Mother: Unresolved.

Status: Documented — Laird of Guthrie.

Succession: Documented — Alexander was recognized as son and heir of Sir David Guthrie in 1474.

Principal geographic association: Guthrie, Angus/Forfarshire.

Landholding: Documented — Guthrie, Eastertoun of Guthrie, associated mill and mill lands, and other property interests.

Legal activity: Extensive and repeatedly documented, 1496–1503.

Marriage to Margaret Lyon: Strongly supported by cumulative evidence, but exact marriage date unresolved.

Role as Margaret Lyon’s procurator: Documented — 4 February 1503.

Relationship to Mr Malcolm Guthrie: Possible but unresolved.

Alexander Guthrie of Kyncaldrum, 1538: Separate later individual.

Alexander Guthrie, 1549 marriage obligation: Possible but unconfirmed match; no territorial designation or other identifying evidence currently establishes his identity.

Death: Traditionally/documentarily associated with Flodden, September 1513.

John Guthrie in Brechin

Source References

Acts of the Lords of Council in Civil Causes, Vol. II, pp. 53 and [previously identified references], including proceedings dated 17 January 1496–97 and later appearances.

Facts from the Records

John Guthrie in Brechin appears in the Acts of the Lords of Council as a participant in the legal network surrounding Sir Alexander Guthrie of that Ilk, knight.

On 17 January 1496–97, John Guthrie was among the witnesses summoned in an action brought by Sir Alexander Guthrie of that Ilk against John Dempster of Auchterless.

The action concerned the alleged wrongful detention and withholding of substantial quantities of grain, including 40 chalders of oats, 10 chalders of bere, and half a chalder of peas, allegedly taken from the lands of Pettintostale by William Carmichael. The witnesses had been lawfully summoned but failed to appear. The Lords ordered new letters requiring them to appear on a subsequent date, under increased penalties.

The record identifies John as John Guthrie; the territorial designation “in Brechin” distinguishes him from other contemporary men of the same name.

[The previously established records for John Guthrie in Brechin should remain here in chronological order.]

Cross-Source Evidence

John’s designation “in Brechin” establishes his residence or principal association with Brechin during the late fifteenth century.

His appearance as a witness in Sir Alexander Guthrie’s litigation is significant because it places him within Sir Alexander’s legal and social network at an early date.

The additional 1496–97 proceeding strengthens the chronological evidence for John Guthrie in Brechin and demonstrates that his association with Sir Alexander was already present during the 1490s.

The evidence does not establish whether this association was based on kinship, tenancy, property interests, friendship, or another connection.

John Guthrie in Brechin should remain distinct from other contemporary men named John Guthrie, including the John Guthrie involved in the Dunbeith proceedings and John Guthrie in Tulloch, unless additional evidence establishes an identification.

Theories & Possibilities

John Guthrie was established in Brechin by at least January 1497 and participated in legal proceedings connected with the Guthrie of that Ilk family.

His repeated appearance in the legal network surrounding Sir Alexander may indicate a familial or property connection with the principal Guthrie family. The present records do not establish the nature of that connection.

Brechin was an important center of Guthrie activity, making John a potentially significant representative of a Brechin-based Guthrie branch or household.

His precise relationship to the Guthries of Guthrie, Kincaldrum, Colliston, Eassie/Hiltoun, or Lunan remains unresolved.

Genealogical Significance

The records establish:

  • John Guthrie in Brechin by 1496–97;
  • his participation as a witness in litigation involving Sir Alexander Guthrie of that Ilk;
  • his continuing presence within the legal network surrounding the Guthrie estate;
  • and his association with Brechin, an important location for contemporary Guthrie activity.

The 1496–97 appearance provides an important early chronological anchor for this individual.

Research Priorities

Further research should seek:

  • additional records for John Guthrie in Brechin;
  • Brechin burgh records identifying his occupation, property, or household;
  • records identifying his wife, children, or descendants;
  • additional appearances as witness, tenant, burgess, or landholder;
  • and evidence establishing his relationship, if any, to Sir Alexander Guthrie of that Ilk.

Particular attention should be given to Brechin burgh records, Great Seal records, Register of Sasines, Exchequer Rolls, ecclesiastical records, and additional proceedings before the Lords of Council.

Current Assessment

Identity: Documented — John Guthrie in Brechin.

Residence/territorial association: Brechin, documented.

Association with Sir Alexander Guthrie of that Ilk: Documented through participation as a witness in Sir Alexander’s litigation.

Occupation/status: Unresolved within this record set.

Parentage: Unresolved within this record set.

Relationship to Sir Alexander Guthrie: Unresolved within this record set.

Relationship to other contemporary John Guthries: Unresolved within this record set.

Walter Guthrie

Source References

Acts of the Lords of Council in Civil Causes, Vol. II, p. 13815 March 1497–98. Additional references from the Acts as previously incorporated in the existing Research Sketch.

Facts from the Records

Walter Guthrie appears in the Acts of the Lords of Council in connection with the legal and financial affairs of Gelis Stewart, Lady of Inverlunan.

On 15 March 1497–98, Walter acted as cautioner for Gelis Stewart in connection with a debt of 34 merks owed to the late Alan Kinnaird of that Ilk. Gelis had caused Walter to become surety for the obligation and had undertaken to relieve and keep him skaithless of the debt.

Gelis subsequently failed to appear to pursue the matter, and Walter also failed to appear on her behalf. Gelis therefore appeared before the Lords of Council and protested that Walter should not be heard in judgment until he reimbursed her for the costs, damages, and expenses arising from his failure to appear.

The record identifies Walter simply as Walter Guthrie. No territorial designation, occupation, patronymic, or explicit family relationship is given.

His role as cautioner establishes a financial and legal connection with Gelis Stewart of Inverlunan and with the estate and affairs of Alan Kinnaird of that Ilk.

Theories & Possibilities

Walter’s association with Inverlunan is potentially significant because of the concentration of Guthrie families and other interconnected landed families in Angus and Forfarshire during this period.

His willingness and apparent ability to act as cautioner for Lady of Inverlunan indicates a degree of trust or standing within her social and financial network. The record does not establish whether this relationship was familial, territorial, financial, or based upon another association.

The Inverlunan connection should therefore be regarded as a significant research clue, but not as evidence that Walter belonged to the Guthries of Lunan or to any other specific Guthrie branch.

There is presently insufficient evidence to identify Walter with Sir Alexander Guthrie of that Ilk, the Guthries of Lunan, Kincaldrum, Colliston, or another contemporary territorial family.

Genealogical Significance

The record provides evidence of Walter Guthrie’s participation in the legal and financial network of Angus and Forfarshire during the late fifteenth century.

His role as cautioner for Gelis Stewart is particularly useful because it identifies an otherwise unlocated Guthrie in association with Inverlunan, while also connecting him to the Kinnaird family through the debt owed to Alan Kinnaird of that Ilk.

The entry therefore provides potentially valuable associative evidence without establishing Walter’s precise Guthrie lineage.

Research Priorities

Further research should seek:

  • additional records for Walter Guthrie;
  • records concerning Gelis Stewart, Lady of Inverlunan;
  • the Stewart family and estate of Inverlunan;
  • records concerning Alan Kinnaird of that Ilk and the 34-merks debt;
  • property, financial, and legal records that may identify Walter’s residence or occupation;
  • and evidence that could either connect or distinguish Walter from the Guthries of Lunan, Guthrie, Kincaldrum, Colliston, or other contemporary Guthrie families.

Great Seal, Privy Seal, Exchequer, Register of Sasines, and local legal records should be examined for additional references.

Current Assessment

Identity: Documented — Walter Guthrie.

Role as cautioner for Gelis Stewart: Documented.

Association with Inverlunan: Documented through his role as Gelis Stewart’s cautioner.

Connection with Alan Kinnaird of that Ilk: Documented through the 34-merks debt for which Walter acted as surety.

Territorial designation or residence: Unresolved within this record set.

Parentage: Unresolved within this record set.

Relationship to other contemporary Guthries: Unresolved within this record set.

Christian Guthrie, widow of George Summer of Balzeordie

Source References

Acts of the Lords of Council in Civil Causes, Vol. II, pp. 141, 175, 192–193, and 247, 1497–1498.

Facts from the Records

Christian Guthrie, identified as the widow of George Summer of Balzeordie, appears repeatedly before the Lords of Council in a prolonged dispute with John Dempster of Auchterless.

On 17 March 1497–98, Christian pursued an action concerning the withholding of teind sheaves from the lands of Barowny for approximately eleven years. She claimed that the teinds belonged to her by reason of a tack and sought compensation for the teinds, together with damages and expenses. She also claimed damages for the loss of seven oxen and the associated labour and profits

On April 1498, Christian formally appointed James Abernethy, Andrew Hay, George Somer, and either of them jointly or severally as her procurators in the continuing action against John Dempster. 

On 8 May 1498, Christian continued the action through her procurator Andrew Hay. The Council ordered Thomas Cullais, William Scot, Andrew Murray, William Nuddry, George Somer, David Guthrie, and Henry Stevinson to appear as witnesses and give evidence concerning the dispute. 

On a subsequent date recorded at p. 247, the Lords issued a final decree in the damages portion of the dispute. Having considered the evidence, they ordered John Dempster to pay Christian £4 10s. in damages and expenses

Cross-Source Evidence

The several proceedings clearly concern the same Christian Guthrie. They form a continuous legal action beginning with her claim concerning the Barowny teinds and continuing through appointment of procurators, examination of witnesses, and final judgment.

The records consistently identify her as Christian Guthrie / Christiane of Guthre and as the widow of George Summer of Balzeordie

Her legal activity demonstrates that she was independently managing substantial economic interests after her husband’s death. Her claim arose from her rights under a tack and included both agricultural produce and the economic value of livestock and their labor.

The appearance of David Guthrie among the witnesses on 8 May 1498 is noteworthy. The record does not state his relationship to Christian, but it places him within the same local legal and social network. 

The appearance of George Somer both as one of Christian’s procurators and among the witnesses may indicate a continuing connection with her deceased husband’s family, although the record does not explicitly identify the relationship.

Theories & Possibilities

Christian was evidently a Guthrie woman with significant economic and legal interests in the Angus/Forfarshire region.

Her identification as the widow of George Summer of Balzeordie establishes a Guthrie–Summer marriage but does not establish her parentage.

Her extensive litigation concerning Barowny, the involvement of multiple local witnesses, and her use of several procurators indicate a substantial network of family and community relationships that may help identify her Guthrie origins.

The presence of David Guthrie as a witness is a potentially useful clue. If his identity can be securely connected with the Mr David Guthrie of that Ilk, provost of Guthrie, it could provide additional evidence concerning Christian’s relationship to the principal Guthrie family. The present record alone does not establish that relationship.

Genealogical Significance

Christian’s records provide unusually detailed evidence for a late-fifteenth-century Guthrie woman managing her own legal and economic interests.

They establish:

  • Christian Guthrie;
  • her status as widow of George Summer of Balzeordie;
  • her interest in the teinds of Barowny;
  • her claim to damages arising from the loss of livestock and agricultural profits;
  • her appointment of multiple legal procurators;
  • her participation in a prolonged action before the Lords of Council;
  • and her eventual recovery of £4 10s. in damages and expenses.

The proceedings also establish connections with a number of local individuals, including David Guthrie and members of the Summer family.

Research Priorities

Further research should seek:

  • Christian Guthrie’s parentage;
  • her marriage to George Summer of Balzeordie;
  • the identity and family of George Summer;
  • records concerning Barowny and Balzeordie;
  • the identity and relationship of George Somer, who acted as her procurator;
  • additional records involving David Guthrie as a witness;
  • and evidence connecting Christian with the Guthrie families of Guthrie, Kincaldrum, Brechin, or other Angus branches.

Particular attention should be given to property records, tacks, Great Seal and Privy Seal records, Register of Sasines, Exchequer records, and local legal records.

Current Assessment

Identity: Documented — Christian Guthrie, widow of George Summer of Balzeordie.

Marriage: Documented within this record set.

Economic interests in Barowny: Documented.

Independent legal activity: Strongly established.

Guthrie parentage: Unresolved within this record set.

Relationship to the principal Guthrie family: Unresolved within this record set.

Relationship to David Guthrie: Potentially significant but unresolved within this record set.

James Guthrie, husband of Katherine Lyn

Source References

Acts of the Lords of Council in Civil Causes, Vol. II, p. 16331 March 1498.

Facts from the Records

James Guthrie and Katherine Lyn, identified as his spouse, appear as defenders in an action before the Lords of Council concerning the wrongful spoliation and awaytaking of goods from the lands of Campsie, in the sheriffdom of Forfar. 

The action was brought by David, John, James, Robert, Richard, and George Spalding against several defenders, including Nichole of Fothringham, Master Henry Lindsay, James Guthrie, and Katherine Lyn.

The goods alleged to have been taken included cattle and oxen, horses, a mare, sheep, and household goods. The record specifically attributes to James Guthrie and Katherine Lyn the wrongful purchasing of the letters associated with the action. 

The record gives no territorial designation for James Guthrie and does not state his parentage or relationship to other Guthries.

Theories & Possibilities

James Guthrie and Katherine Lyn were evidently established within the Forfarshire area by 1498. Their association with Campsie places them within the same broad geographic region in which several other Guthrie families are documented during this period.

The record establishes a marriage between James Guthrie and Katherine Lyn but provides no evidence sufficient to identify James with Sir Alexander Guthrie of that IlkJohn Guthrie in Brechin, or another contemporary Guthrie.

Katherine’s surname provides an additional avenue for investigation. Records concerning the Lyn/Lynn family in Forfarshire may help establish the couple’s residence, social connections, or James’s identity.

Genealogical Significance

The entry provides direct evidence for a Guthrie–Lyn marriage in late-fifteenth-century Forfarshire.

It establishes:

  • James Guthrie;
  • his wife Katherine Lyn;
  • their involvement in litigation concerning Campsie;
  • and their association with a wider network of Forfarshire families.

Because the record identifies Katherine by both her maiden surname and her status as James’s spouse, it provides a potentially useful starting point for reconstructing James’s family through his wife’s family connections.

Research Priorities

Further research should seek:

  • additional records for James Guthrie and Katherine Lyn;
  • property and tenancy records concerning Campsie;
  • marriage or family records identifying Katherine’s parentage;
  • other records involving the Lyn/Lynn family in Forfarshire;
  • and evidence that could either connect or distinguish James from other contemporary Guthries.

Great Seal, Register of Sasines, Exchequer, burgh, and local legal records should be examined.

Current Assessment

Identity: Documented — James Guthrie, husband of Katherine Lyn.

Marriage: Documented.

Geographic association: Campsie, Forfarshire.

Parentage: Unresolved within this record set.

Relationship to other contemporary Guthries: Unresolved within this record set.set.

Marion Guthrie, widow of David Annand of Kinquheries

Facts from the Records

Marion Guthrie appears in the Acts of the Lords of Council in connection with her rights as the widow of David Annand of Kinquheries and as the mother of Thomas Annand and Master John Annand. She is identified as being in Dundee. (Guthrie Genealogy)

On 7 July 1498, Mr John Annand pursued Thomas Annand concerning £48 17s. 9d. owed to Marion as her third part of the 220 merks received for the redemption of the lands of Cottone of Innerpeffir, which had been wadset to her late husband, David Annand. The proceedings produced an assignation made by Marion to Mr John Annand, dated 30 October 1497, executed in her house in Dundee before Robert Cheild, John Lambirtoune, burgess of Dundee, and Sir John Ravin, chaplain. (Guthrie Genealogy)

On 16 January 1499–1500, the Lords upheld the validity of Marion’s assignation and ordered payment to Mr John Annand as her assignee. (Guthrie Genealogy)

A related family settlement identifies Marion as the mother of Thomas Annand and Master John Annand and protects her reasonable terce for life in the lands in which David Annand died vested and seised. The lands named include Innerpeffer, Torberg, Auchlucy, Egy, Bradouny, Clakleight, and Wester Kinquhere. (Guthrie Genealogy)

Cross-Source Evidence

The Aberdeen Council Registers provide a potentially significant earlier Guthrie reference that may relate to Marion.

On 20 September 1480Mariote Guthery appeared personally in Aberdeen while a chaplain sought delivery on her behalf of goods belonging to her and bequeathed to her by the deceased Christiana Preston. On 2 April 1481Mariota Guthery appeared in court with her procurators and pursued delivery of a detailed collection of household goods, clothing, and silver. The second entry appears to concern the same woman as the 1480 entry. (Guthrie Genealogy)

The forms MarioteMariota, and Marion are sufficiently similar to warrant investigation as possible forms of the same personal name. The chronology is also compatible: the Aberdeen woman is documented in 1480–1481, approximately seventeen years before Marion’s 1497 assignation.

The present evidence does not establish that Mariote/Mariota Guthery of Aberdeen was the later Marion Guthrie of Dundee. The geographic difference is significant, although Aberdeen, Dundee, and the Angus/Forfarshire area were connected through commercial, legal, and family networks.

The bequest from Christiana Preston provides a particularly useful avenue for further investigation because identifying Christiana’s family and relationship to Mariote could provide evidence for Mariote’s origin, residence, or social network. (Guthrie Genealogy)

Theories & Possibilities

Marion was evidently a Guthrie woman of sufficient status to possess heritable and financial rights and to manage those interests independently as a widow.

The Mariote/Mariota Guthery recorded in Aberdeen in 1480–1481 is a potentially significant earlier identification. The name forms and chronology are compatible, but no documentary connection between the Aberdeen woman and the later Marion has yet been established.

A relationship between Marion and the Guthrie families associated with Guthrie, Kincaldrum, Colliston, or Eassie/Hiltoun likewise remains unestablished.

Genealogical Significance

Marion’s records provide unusually detailed evidence concerning a late-fifteenth-century Guthrie woman, her marriage, children, property rights, and financial affairs.

The records establish:

  • her marriage to David Annand of Kinquheries;
  • her status as his widow;
  • her sons Thomas Annand and Master John Annand;
  • her residence in Dundee;
  • her terce rights in her husband’s lands;
  • her independent management and assignation of those rights;
  • and a subsequent family settlement preserving her lifetime interest.

The possible connection with the Aberdeen Mariote/Mariota Guthery is particularly worthy of further research because it could provide evidence for Marion’s Guthrie family of origin and extend her documented history backward by approximately two decades.

Research Priorities

Further research should seek:

  • the parentage and family of Marion Guthrie;
  • additional records for Mariote/Mariota Guthery in Aberdeen;
  • the identity and family of Christiana Preston;
  • evidence connecting the Aberdeen Mariote with Dundee or the Annand family;
  • records concerning Marion’s marriage to David Annand;
  • property records associated with Kinquheries, Innerpeffer, and the other lands named in the settlement;
  • and evidence connecting Marion to the Guthrie families of Guthrie, Kincaldrum, Colliston, or Eassie/Hiltoun.

Particular attention should be given to Aberdeen, Dundee, and Angus/Forfarshire records for the period 1480–1500, as well as Great Seal, Privy Seal, Register of Sasines, burgh, ecclesiastical, and legal records.

Current Assessment

Identity: Documented — Marion Guthrie, widow of David Annand of Kinquheries.

Marriage and children: Documented within this record set.

Residence in Dundee: Documented.

Property and terce rights: Documented through multiple proceedings.

Mariote/Mariota Guthery of Aberdeen as the same woman: Possible; presently unsubstantiated.

Guthrie parentage: Unresolved within this record set.

Relationship to the Guthrie of Guthrie family: Unresolved within this record set.

John Guthrie

Source References

Acts of the Lords of Council in Civil Causes, Vol. II, p. 47710 March 1500–01.

Facts from the Records

On 10 March 1500–01John Guthrie appears in the Acts of the Lords of Council among a group of persons involved in a raid and spuilzie at Dunbeith.

The proceedings concerned goods taken from William Keith of Innerugie, knight, and his brother George Keith, from the castle of Dunbeith. The goods included meal, salt, household goods, armour, livestock, and other property.

The persons involved had obtained the King’s remission at the preceding justice ayre of Inverness. The Lords ordained William, Earl of Caithness, to act as cautioner for the named persons, including John Guthrie, in an obligation to William Keith of Innerugie concerning the property taken.

The Lords assigned 6 July for William Keith to prove the value of goods not already assessed in the Inverness proceedings.

The record gives no territorial designation, occupation, residence, patronymic, or family relationship for John Guthrie.

Cross-Source Evidence

This John Guthrie appears in a markedly different geographic and social context from several of the Guthries recorded elsewhere in Volume II. The Dunbeith raid, the justice ayre of Inverness, the Keith family of Innerugie, and the Earl of Caithness place the proceeding within a northern Scottish network, rather than the Angus/Forfarshire network prominent in many other Guthrie entries.

The Acts also contain John Guthrie in Brechin, who appears as a witness in Sir Alexander Guthrie’s litigation on p. 53. That individual is associated with the Brechin/Dundee area and should presently be treated as distinct.

A further John Guthrie in Tulloch appears elsewhere in the Acts and should likewise remain distinct unless additional evidence establishes an identification.

Theories & Possibilities

John Guthrie may have belonged to a Guthrie family established in northern Scotland or may have become involved in the Dunbeith raid through personal, military, territorial, or other associations.

The absence of a territorial designation prevents identification with the Guthrie of that Ilk family or any other specific Guthrie branch.

The geographic difference between the Dunbeith proceeding and the records of John Guthrie in Brechin currently weighs against treating the two as the same individual. The same applies to John Guthrie in Tulloch.

The possibility of a connection to an otherwise unidentified northern Guthrie family remains open.

Genealogical Significance

This entry establishes a John Guthrie active in northern Scotland in 1500–01 in connection with a significant raid, royal remission, and restitution proceeding.

His association with the Earl of CaithnessWilliam Keith of Innerugie, and the justice ayre of Inverness provides useful avenues for investigating his social and geographic network.

The record expands the geographic range of Guthrie individuals documented in the Acts and demonstrates the presence of the Guthrie surname within northern Scottish legal and political networks during the early sixteenth century.

Research Priorities

Further research should seek:

  • additional records for John Guthrie in Caithness, Inverness, and the northern Highlands;
  • the records of the justice ayre of Inverness concerning the Dunbeith raid;
  • the King’s remission obtained by the participants;
  • records involving William Keith of Innerugie and his brother George;
  • records concerning the Earl of Caithness and the other persons associated with the raid;
  • and evidence that could either connect or distinguish this John Guthrie from John Guthrie in BrechinJohn Guthrie in Tulloch, and other contemporary men of the same name.

Great Seal, Privy Seal, Exchequer, remission, justice ayre, legal, and northern burgh records may be particularly useful.

Current Assessment

Identity: Documented — John Guthrie, participant in the legal resolution of the Dunbeith raid and spuilzie.

Geographic association: Northern Scotland; associated with the Dunbeith/Inverness/Caithness network.

Role: Documented as one of the persons for whom the Earl of Caithness stood caution.

Relationship to the Guthrie of Guthrie family: Unresolved within this record set.

Identification with John Guthrie in Brechin: Unresolved within this record set; presently treated as a distinct individual.

Identification with John Guthrie in Tulloch: Unresolved within this record set; presently treated as a distinct individual.set; the differing geographic contexts presently favor keeping the individuals separate.

Elizabeth Guthrie, wife / widow of Alexander Maule

Facts from the Records

Elizabeth Guthrie appears in the Acts of the Lords of Council on 12 March 1500–01 as the widow of Alexander Maule. She was pursuing her rights in Cammystone with its mill and pertinents and one half of Hadirweik, in the sheriffdom of Forfar. Acts of the Lords of Council — Guthrie Genealogy

Elizabeth appeared through Mr David Guthrie, provost of that Ilk, as her procurator. She produced charters and instruments of sasine establishing her rights through conjunct infeftment. The Council ordered the defenders to desist from occupying the lands and to allow Elizabeth to enjoy them according to her title. Acts of the Lords of Council — Guthrie Genealogy

A charter in the Registrum de Panmure independently identifies Alexander Maule, son and apparent heir of Sir Thomas Maule of Panmure, and Elizabeth Guthrie his wife in connection with the half lands of Hatherwick. The charter is dated 6 November 1468; the printed Registrum de Panmure gives 1568, but the date is demonstrably erroneous from the surrounding chronology and context. 

The Hatherwick/Hadirweik property correspondence provides a particularly strong connection between the 1468 charter and Elizabeth’s later litigation.

Cross-Source Evidence

The contemporary evidence establishes a continuous connection between Elizabeth Guthrie, Alexander Maule, and Hatherwick/Hadirweik:

6 November 1468 — Alexander Maule and Elizabeth Guthrie are identified as husband and wife in the Panmure charter concerning Hatherwick. 

12 March 1500–01 — Elizabeth Guthrie, widow of Alexander Maule, claims her rights in Hadirweik/Hatherwick and Cammystone before the Lords of Council. Acts of the Lords of Council — Guthrie Genealogy

This correspondence substantially strengthens the identification of the Elizabeth Guthrie in the Acts as the same woman who married Alexander Maule.

Secondary genealogical sources identify Elizabeth as the daughter of Sir David Guthrie of that IlkThe Scots Peeragestates that Alexander Maule married Elizabeth, daughter of Sir David Guthrie of that Ilk. 

Traditional Guthrie genealogies further identify her as a daughter of Sir David Guthrie and Janet DundasGuthrie of Kincaldrum — Guthrie Genealogy

The parentage therefore has substantial secondary support, although the primary evidence establishing the parentage should still be sought.

Theories & Possibilities

The identification of Elizabeth as a member of the principal Guthrie family is strongly probable.

Her marriage to Alexander Maule is independently documented by the 1468 Panmure charter, while the Acts later document her as his widow. The property named in the two records provides an unusually strong cross-source identification.

The traditional identification of Elizabeth as daughter of Sir David Guthrie of that Ilk is supported by The Scots Peerage and other genealogical compilations. The relationship is also consistent with the prominent Guthrie family connections preserved in the Panmure records.

The specific attribution of Elizabeth to Sir David Guthrie and Janet Dundas, however, should remain distinguished from the broader identification as daughter of Sir David Guthrie of that Ilk until contemporary evidence for her maternal parentage is located.

The chronology is also significant. If Elizabeth was already married to Alexander Maule by 1468, her birth must fall considerably earlier than some later genealogical estimates have suggested. This should be considered when evaluating traditional pedigrees for Sir David Guthrie and Janet Dundas.

Genealogical Significance

Elizabeth’s record is particularly valuable because it provides independent evidence connecting the Guthrie and Maule families through both marriage and property.

The evidence establishes:

  • Elizabeth Guthrie as the wife of Alexander Maule, son and apparent heir of Sir Thomas Maule of Panmure;
  • her later status as his widow;
  • her rights in Hatherwick/Hadirweik;
  • her rights in Cammystone;
  • her use of conjunct infeftment to establish those rights;
  • and her legal representation by Mr David Guthrie, provost of that Ilk.

The 1468 charter is particularly important because it independently connects Elizabeth to the Maule family decades before the 1500–01 Council proceeding.

The traditional identification of Elizabeth as a daughter of Sir David Guthrie of that Ilk therefore has considerably stronger support than a simple appearance in a compiled genealogy. Nevertheless, the precise documentary evidence for her parentage remains an important research objective.

Research Priorities

Further research should seek:

  • the original or related charters establishing Elizabeth’s parentage;
  • the marriage and property records of Elizabeth Guthrie and Alexander Maule;
  • additional records for Hatherwick/Hadirweik and Cammystone;
  • evidence identifying Elizabeth’s mother;
  • records concerning Sir David Guthrie and Janet Dundas that name their children;
  • and additional Maule records that may preserve Elizabeth’s family relationships.

Particular attention should be given to the Registrum de Panmure, Great Seal, Privy Seal, Register of Sasines, Exchequer records, and contemporary legal records.

Current Assessment

Identity: Documented — Elizabeth Guthrie, wife and later widow of Alexander Maule.

Marriage to Alexander Maule: Documented by contemporary evidence.

Connection with Hatherwick/Hadirweik: Documented by both the 1468 Panmure charter and the 1500–01 Council proceeding.

Association with Mr David Guthrie of that Ilk: Documented — he acted as her procurator.

Parentage as daughter of Sir David Guthrie of that Ilk: Strongly supported by secondary genealogical sources; primary documentation remains to be established.

Mother as Janet Dundas: Traditional identification; unresolved within the primary record set.

Relationship to the principal Guthrie family: Strongly probable.

Mr Malcolm Guthrie

Source References

Acts of the Lords of Council in Civil Causes, Vol. III, p. 2910 May 1501.

Additional genealogical and property evidence concerning contemporary men named Malcolm Guthrie, including the charter of 4 February 1472 to Malcolm Guthrie of Balnabreich and records concerning Malcolm Guthrie of Kingennie.

Facts from the Records

On 10 May 1501Mr Malcolm Guthrie acted as procurator for Sir Alexander Guthrie of that Ilk, knight, in an action brought by John Dempster of Auchterless.

The proceeding concerned letters obtained by Dempster in connection with the continuing dispute between Dempster and Sir Alexander. Sir Alexander appeared through Mr Malcolm Guthrie, his procurator.

The Lords ordered that the sheriff of Forfar put the letters to execution in accordance with the prior decree of the Lords and the letters produced in court.

The record identifies Malcolm as “Mr”, but gives no territorial designation, parentage, residence, or office.

Two other contemporary men named Malcolm Guthrie are documented:

  • Malcolm Guthrie of Balnabreich, identified as a natural son of Sir David Guthrie of that Ilk, received a charter from his father for lands of Balnabreich on 4 February 1472.
  • Malcolm Guthrie of Kingennie, a prominent Dundee official who served as provost and bailee of Dundee and later as sheriff of Forfar, was progenitor of the Kingennie/Pitforthie line. He died in 1482.

Theories & Possibilities

The Malcolm Guthrie of Kingennie can be ruled out as the man acting as Sir Alexander Guthrie’s procurator in 1501. His documented death in 1482 predates the 1501 appearance by approximately nineteen years.

The Malcolm Guthrie of Balnabreich is a strong candidate for further investigation. His documented status as a natural son of Sir David Guthrie of that Ilk establishes a direct connection with the Guthrie family of that Ilk. His relationship to Sir David also places him within the same family network as Sir Alexander.

His appearance in 1501 as Mr Malcolm Guthrie, acting as procurator for Sir Alexander, would be consistent with a continuing family connection and with the possibility that he had acquired a learned or professional qualification. However, the existing evidence does not yet establish that the Balnabreich Malcolm survived into 1501 or that he was the procurator named in the Acts.

The shared name alone is insufficient to make the identification.

Genealogical Significance

The 1501 record provides evidence for a Mr Malcolm Guthrie who was sufficiently educated and trusted to act as legal procurator for Sir Alexander Guthrie of that Ilk.

The identification problem is unusually useful genealogically because contemporary evidence allows one apparent candidate to be eliminated. The Kingennie/Pitforthie Malcolm cannot be the 1501 procurator if his 1482 death date is correct.

The remaining Balnabreich identification warrants focused investigation because it would connect the 1501 procurator directly to Sir David Guthrie of that Ilk and provide another member of the Guthrie family participating in the legal affairs of the principal Guthrie estate.

Research Priorities

Research should focus particularly on:

  • additional records for Malcolm Guthrie of Balnabreich after 1472;
  • evidence establishing his survival into the 1490s or early 1500s;
  • university or ecclesiastical records that could explain the “Mr” designation;
  • legal records identifying a Malcolm Guthrie as procurator or advocate;
  • records concerning Sir Alexander Guthrie of that Ilk that identify members of his extended family;
  • charters, sasines, and other records concerning Balnabreich;
  • and evidence establishing whether Malcolm of Balnabreich had descendants.

The chronology and documentary record for Malcolm Guthrie of Kingennie should be retained as a rule-out comparison rather than as evidence for a connection.

Current Assessment

Identity: Documented — Mr Malcolm Guthrie, procurator for Sir Alexander Guthrie of that Ilk in 1501.

Identification with Malcolm Guthrie of Kingennie/Pitforthie: Ruled out by chronology. Malcolm Guthrie of Kingennie died in 1482.

Identification with Malcolm Guthrie of Balnabreich: Strong possibility; unresolved.

Connection to the Guthrie family of that Ilk: Possible through the Balnabreich identification; not established for the 1501 record itself.

Parentage: Unresolved for the 1501 individual.

Relationship to Sir Alexander Guthrie: Professional association documented; precise familial relationship unresolved.

Alexander Guthrie, portioner of Colzeane

Source References

Acts of the Lords of Council, Vol. III, p. 214, 3 February 1503.

Facts from the Records

Alexander Guthrie, identified as a portioner of Colzeane, appears in an action before the Lords of Council concerning the lands of Colzeane and a pendicle called Cotgibbone.

The action was brought by Gelis Melville, widow of Alexander Guthrie, against John Guthrie, burgess of Perth, and Alexander Winter.

Gelis claimed that she had been conjunctly infeft with her late husband in the pendicle of Cotgibbone and that, following Alexander’s death, John Guthrie and Alexander Winter had wrongfully occupied, cultivated, and withheld the property for approximately ten years.

The proceeding therefore establishes that Alexander Guthrie held a portion of Colzeane and that his widow, Gelis Melville, possessed a recognized claim arising from their joint infeftment.

The record does not provide Alexander’s parentage, territorial designation beyond Colzeane, or relationship to other Guthries appearing in the Acts.

Cross-Source Evidence

The territorial designation “portioner of Colzeane” distinguishes this Alexander Guthrie from Sir Alexander Guthrie of that Ilk and other contemporary Guthries.

His widow is identified as Gelis Melville, providing a Guthrie–Melville marital connection and an avenue for further investigation of Alexander’s family and property interests.

The approximately ten-year period during which the disputed pendicle had allegedly been occupied indicates that Alexander’s interest in Colzeane originated substantially earlier than the 1503 litigation, although the present record does not establish when he acquired it.

Theories & Possibilities

Alexander appears to have been a landholder or proprietor with an interest in Colzeane sufficient to hold the property jointly with his wife.

The record does not establish whether he belonged to one of the established Guthrie branches of Angus or whether his family connection to the surname arose elsewhere.

The appearance of John Guthrie, burgess of Perth, as a defender in the same action is noteworthy. Their relationship is not stated and should not be inferred from the shared surname.

Further property records may establish whether Alexander’s interest in Colzeane descended from an earlier Guthrie holder or originated through marriage or another transaction.

Genealogical Significance

This record establishes:

  • Alexander Guthrie as a portioner of Colzeane;
  • his marriage to Gelis Melville;
  • their joint infeftment in Cotgibbone, a pendicle of Colzeane;
  • Alexander’s death before February 1503;
  • and the continued assertion of his property rights by his widow.

The combination of a territorial designation, identifiable widow, and joint property rights makes this a useful starting point for reconstructing an otherwise poorly documented Guthrie family.

Research Priorities

Further research should seek:

  • records identifying Alexander Guthrie’s parentage;
  • earlier records establishing his acquisition or possession of Colzeane;
  • the marriage and family of Gelis Melville;
  • records concerning Cotgibbone and the wider Colzeane estate;
  • evidence identifying Alexander’s heirs;
  • and records involving other Guthries associated with Colzeane, Perth, or the surrounding area.

Particular attention should be given to Great Seal records, Register of Sasines, Exchequer Rolls, ecclesiastical records, and local legal proceedings.

Current Assessment

Identity: Documented — Alexander Guthrie, portioner of Colzeane.

Marriage: Documented — husband of Gelis Melville.

Property: Documented — portion of Colzeane and joint infeftment in Cotgibbone.

Death: Occurred before 3 February 1503.

Parentage: Unresolved within this record set.

Relationship to other contemporary Guthries: Unresolved within this record set.

John Guthrie, burgess of Perth

Source References

Acts of the Lords of Council, Vol. III, p. 214, 3 February 1503.

Facts from the Records

John Guthrie, identified as a burgess of Perth, appears as a defender in an action concerning a pendicle of the lands of Colzeane called Cotgibbone.

The action was brought by Gelis Melville, widow of Alexander Guthrie, portioner of Colzeane. Gelis claimed that she and her late husband had been jointly infeft in Cotgibbone and that John Guthrie and Alexander Winter had wrongfully occupied, cultivated, and withheld the property for approximately ten years.

John Guthrie is specifically identified as a burgess of Perth, providing an important distinction from other contemporary men named John Guthrie in the Acts.

The record gives no parentage, residence other than his burgess status in Perth, occupation beyond that status, or relationship to Alexander Guthrie or Gelis Melville.

Cross-Source Evidence

John’s designation as burgess of Perth distinguishes him from John Guthrie in BrechinJohn Guthrie associated with the Dunbeith proceedings, and John Guthrie in Tulloch.

His involvement in the Colzeane dispute places him within a property and legal network extending beyond Perth to the lands of Colzeane and the Melville family.

The shared surname with the deceased Alexander Guthrie is potentially significant, but the record does not identify them as relatives.

John’s involvement in the alleged occupation and cultivation of Cotgibbone indicates that his connection to the property was substantial enough to make him a named defender in Gelis Melville’s action.

Theories & Possibilities

John Guthrie may have held an interest in Cotgibbone, occupied the property through another arrangement, or participated in its occupation with Alexander Winter. The precise basis of his claim or possession is not stated in the surviving entry.

His status as a burgess of Perth suggests an urban rather than purely landed identity, although burgesses could also hold property outside the burgh.

A relationship between John and Alexander Guthrie of Colzeane is possible but unproven. The shared surname alone does not establish kinship.

Further records concerning Perth burgesses and the Colzeane estate may clarify whether John was related to Alexander or had acquired his interest independently.

Genealogical Significance

This record establishes:

  • John Guthrie, burgess of Perth;
  • his involvement in a property dispute concerning Cotgibbone at Colzeane;
  • his association with Alexander Winter;
  • and his legal connection with Gelis Melville, widow of Alexander Guthrie.

The entry provides evidence of a Guthrie established within the Perth burgh community at the beginning of the sixteenth century.

Research Priorities

Further research should seek:

  • Perth burgh records identifying John Guthrie;
  • records of his property ownership and burgess status;
  • earlier or later records concerning Cotgibbone and Colzeane;
  • evidence identifying his parentage, wife, or descendants;
  • and evidence establishing or disproving a relationship to Alexander Guthrie, portioner of Colzeane.

Particular attention should be given to Perth burgh records, Great Seal records, Register of Sasines, Exchequer Rolls, and local property proceedings.

Current Assessment

Identity: Documented — John Guthrie, burgess of Perth.

Geographic association: Perth; involved in property at Colzeane.

Role: Documented — defender in the Cotgibbone property dispute.

Relationship to Alexander Guthrie, portioner of Colzeane: Unresolved within this record set.

Parentage: Unresolved within this record set.

Relationship to other contemporary Guthries: Unresolved within this record set.

James Guthrie, burgess of Dundee

Source References

Acts of the Lords of Council, Vol. III, p. 73, 30 July 1501.

Facts from the Records

James Guthrie, identified as a burgess of Dundee, appears with his wife Cristane Ferquhare in an action before the Lords of Council concerning 18 merks of annual maills from a tenement in Dundee situated on the north side of the Murray Gate.

James and Cristane appeared through their procurator, Alexander Boyis. The action concerned their rights to the annual payment arising from the Dundee property.

The record identifies James specifically as a burgess of Dundee and identifies Cristane Ferquhare as his wife. No parentage or relationship to other contemporary Guthries is stated.

Cross-Source Evidence

The designation “burgess of Dundee” provides a clear distinction between this James Guthrie and James Guthrie, husband of Katherine Lyn, who appears in the 1498 Campsie proceedings.

The Dundee setting and the identification of his wife as Cristane Ferquhare provide useful identifiers for tracing this James through Dundee burgh records.

His appearance through Alexander Boyis as procurator places him within the legal and commercial network of Dundee burgesses.

Theories & Possibilities

James appears to have been an established Dundee burgess with an economic interest in urban property.

His rights to annual maills from a Dundee tenement indicate a property-holding or investment interest, but the record does not establish whether he owned the underlying property, held a superior interest, or possessed the maills through another arrangement.

The record provides no evidence sufficient to connect him to the Guthries of Guthrie, Lunan, Kincaldrum, Colliston, or other contemporary Guthrie families.

The shared name with James Guthrie, husband of Katherine Lyn, is insufficient to identify the two men as the same individual.

Genealogical Significance

This record establishes:

  • James Guthrie, burgess of Dundee;
  • his wife Cristane Ferquhare;
  • his economic interest in 18 merks of annual maills;
  • and his participation in Dundee’s legal and property network in 1501.

The entry provides a useful starting point for investigating a Dundee-based Guthrie household and its property interests.

Research Priorities

Further research should seek:

  • Dundee burgh records concerning James Guthrie;
  • the marriage and family of Cristane Ferquhare;
  • records identifying James’s property or residence in Dundee;
  • earlier and later records concerning the Murray Gate tenement and its annual maills;
  • and evidence establishing his parentage or relationship to other Dundee and Angus Guthries.

Particular attention should be given to Dundee burgh records, Great Seal records, Register of Sasines, Exchequer Rolls, and contemporary property transactions.

Current Assessment

Identity: Documented — James Guthrie, burgess of Dundee.

Marriage: Documented — husband of Cristane Ferquhare.

Geographic association: Dundee.

Property/economic interest: Documented — 18 merks of annual maills from a Dundee tenement.

Parentage: Unresolved within this record set.

Relationship to James Guthrie, husband of Katherine Lyn: Unresolved within this record set; presently treated as a distinct individual.

Relationship to other contemporary Guthries: Unresolved within this record set.

John Guthrie of Ballnabreich

Source References

Acts of the Lords of Council in Public Affairs1538.

The record concerns a cautionary obligation entered into before the Lords of Council in connection with Alexander Guthrie of Kyncaldrum, who was then in ward.

Facts from the Records

John Guthrie of Ballnabreich appears as one of the principal cautioners for Alexander Guthrie of Kyncaldrum.

Alexander Guthrie of Kyncaldrum had been placed in ward, and the Council required security for his obligations. David Guthrie of that Ilk and John Guthrie of Ballnabreich stood as cautioners for him, undertaking the substantial financial obligation required by the Council.

The appearance of John as “of Ballnabreich” provides a territorial designation and identifies him as a member of the landed Guthrie network rather than simply an individual bearing the surname.

The record does not itself state John’s parentage or his precise relationship to David Guthrie of that Ilk or Alexander Guthrie of Kyncaldrum.

Cross-Source Evidence

The 1538 proceeding is particularly significant because it brings three identifiable Guthrie landholders into a single legal transaction:

  • David Guthrie of that Ilk;
  • John Guthrie of Ballnabreich; and
  • Alexander Guthrie of Kyncaldrum.

Their joint participation demonstrates that these Guthrie families were operating within a connected legal and financial network by 1538.

The territorial designation Ballnabreich is also significant because the lands of Ballnabreich are associated with the earlier Malcolm Guthrie of Balnabreich, whom the genealogical tradition identifies as a natural son of Sir David Guthrie of that Ilk. Whether John Guthrie of Ballnabreich descended from Malcolm, however, is not established by this record.

This distinction should be preserved: the territorial continuity makes the question worth investigating, but it is not proof of descent.

Theories & Possibilities

John Guthrie of Ballnabreich appears to have been a member of a landed Guthrie branch established at Ballnabreich by 1538.

The most important genealogical question is whether this branch descended from the earlier Malcolm Guthrie of Balnabreich, who received lands from his father, Sir David Guthrie of that Ilk, in 1472.

If that identification and descent could be established, Ballnabreich would provide an important cadet branch descending from the Guthrie of that Ilk family.

The present 1538 record, however, does not establish John’s parentage or his relationship to Malcolm. Nor does it establish whether the Ballnabreich lands remained continuously within the same Guthrie family between 1472 and 1538.

His role as cautioner for Alexander Guthrie of Kyncaldrum nevertheless demonstrates a close enough legal and financial relationship to warrant further investigation.

Genealogical Significance

This record is significant for the reconstruction of the sixteenth-century Guthrie family network.

It establishes:

  • John Guthrie of Ballnabreich as a landed Guthrie by 1538;
  • his participation as cautioner for Alexander Guthrie of Kyncaldrum;
  • his direct legal association with David Guthrie of that Ilk;
  • and the existence of an established Ballnabreich Guthrie branch at this date.

The record also provides a potential bridge between the fifteenth-century Malcolm Guthrie of Balnabreich and later Guthries of Ballnabreich, although that connection remains to be demonstrated.

Research Priorities

Further research should focus on:

  • the charters and sasines of Ballnabreich between 1472 and 1538;
  • descendants and heirs of Malcolm Guthrie of Balnabreich;
  • records identifying the parentage of John Guthrie of Ballnabreich;
  • additional records involving John as a landholder or cautioner;
  • the relationship between John and David Guthrie of that Ilk;
  • and the relationship between the Ballnabreich and Kyncaldrum branches.

Particular attention should be given to Great Seal records, Register of Sasines, Retours, Exchequer Rolls, Privy Seal records, and charters concerning Ballnabreich.

Current Assessment

Identity: Documented — John Guthrie of Ballnabreich.

Territorial association: Ballnabreich, documented by 1538.

Role: Documented — cautioner for Alexander Guthrie of Kyncaldrum.

Association with David Guthrie of that Ilk: Documented through their joint cautionary obligation.

Descent from Malcolm Guthrie of Balnabreich: Possible and genealogically significant, but unresolved within this record set.

Parentage: Unresolved within this record set.

Relationship to the Guthries of Kyncaldrum: Documented association; precise family relationship unresolved.

Sir James Guthrie, Parson of Kirkbuddo

Source References

Acts of the Lords of Council, Public Affairs, 1554–1557.

The entry concerns the ransom paid for Broughty Castle and identifies Sir James Guthrie, parson of Kirkbuddo, among those involved in the payment of the ransom to the English.

Facts from the Records

Sir James Guthrie, parson of Kirkbuddo, appears in the Acts of the Lords of Council in connection with the English occupation of Broughty Castle during the conflict known as the Rough Wooing.

The record identifies James by his ecclesiastical office as parson of Kirkbuddo and records his participation in a ransom payment of 500 crowns made to the English at Broughty.

His designation as “Sir” reflects the conventional Scottish designation for a priest in this period and should not be interpreted as evidence of knighthood.

The record does not provide his parentage, territorial designation, or relationship to other Guthries.

Cross-Source Evidence

The identification of James as parson of Kirkbuddo provides a strong distinguishing designation and makes it possible to separate him from the several fifteenth- and early-sixteenth-century men named James Guthrie appearing elsewhere in the Acts.

Kirkbuddo is in Forfarshire/Angus, placing James within the broader geographic region in which several Guthrie families were established.

His ecclesiastical office is particularly noteworthy because the Guthrie family produced several individuals associated with the Church, but the present record does not establish a family connection to any particular Guthrie branch.

The Broughty ransom places James within the political and ecclesiastical network affected by the English occupation of the Dundee area during the mid-sixteenth century.

Theories & Possibilities

James’s position as parson of Kirkbuddo indicates that he was a member of the educated clerical class and likely had substantial local standing.

His location in Angus makes a connection with one of the established Guthrie families of the region plausible, but there is currently no evidence sufficient to assign him to the Guthries of that Ilk, Kincaldrum, Ballnabreich, or another specific branch.

His participation in the Broughty ransom may provide additional records through ecclesiastical, governmental, or property sources that could reveal his parentage.

Genealogical Significance

This record establishes a mid-sixteenth-century Guthrie clergyman with a specific ecclesiastical office in Angus.

It is significant because:

  • Sir James Guthrie was parson of Kirkbuddo;
  • he participated in the substantial 500-crown ransom payment at Broughty;
  • his activity places him within the Angus ecclesiastical and political network during the English occupation;
  • and his identity can be distinguished from the earlier James Guthries in the Acts by his clerical designation.

The record provides a useful avenue for investigating the emergence of later Guthrie clerical families and the relationship between the Guthrie surname and the church in Angus.

Research Priorities

Further research should seek:

  • ecclesiastical records for Kirkbuddo identifying Sir James Guthrie;
  • records of his appointment or presentation to the parsonage of Kirkbuddo;
  • evidence of his parentage and family;
  • records concerning his property or benefice;
  • additional records relating to the Broughty ransom;
  • and contemporary references to Sir James in the Register of the Privy Council, Great Seal, Exchequer Rolls, ecclesiastical records, and diocesan registers.

The chronology should also be compared with other Guthrie clerics of Angus to determine whether a family connection can be established.

Current Assessment

Identity: Documented — Sir James Guthrie, parson of Kirkbuddo.

Occupation/status: Documented — parish priest/parson of Kirkbuddo.

Geographic association: Kirkbuddo, Angus/Forfarshire.

Role in Broughty ransom: Documented — participant in the payment of 500 crowns to the English.

Parentage: Unresolved within this record set.

Relationship to the Guthries of that Ilk or other Guthrie branches: Unresolved within this record set.

Sources & Access

Published source series: Acts of the Lords of Council in Civil Causes, Vols. I–III, and Acts of the Lords of Council in Public Affairs, 1501–1554.

Source-link standard: each record gives the exact printed volume and page. Where a stable page-level digital URL was not established, the link opens the closest available digitized volume rather than implying a page-specific link.

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