BANNATYNE CLUB PUBLICATIONS

Founded in Edinburgh in 1823 by Sir Walter Scott and prominent Scottish antiquaries, the Bannatyne Club Publications comprise over 120 volumes of transcribed primary historical sources—including medieval cartularies (monastic charter registers), state papers, burgh records, and personal memoirs spanning Scottish history from the Middle Ages through the 17th century. For Guthrie genealogy research, these records are an essential goldmine because the Guthries were an ancient landed family rooted in Angus (Forfarshire) whose prominent members served as royal treasurers, bishops, abbots, and local barons (including the Guthries of that Ilk, Colliston, and Gagie). Since Scottish parish registers rarely survive prior to the mid-1600s, the Bannatyne volumes—most notably ecclesiastical cartularies like the Register of Arbroath Abbey (Liber S. Thome de Aberbrothoc) and the Registrum Episcopatus Brechinensis—provide primary documentary proof of early Guthrie land grants, witness signatures, estate transfers (sasines and retours), and family alliances that would otherwise remain buried in unindexed archive manuscripts.

The most valuable Bannatyne Club volumes for Guthrie genealogy are those focused on Angus (Forfarshire), St Andrews, and Scottish legal or civic records.

Because standard parish registers in Angus rarely survive prior to the mid-1600s, these specific volumes bridge the gap for 15th- to 17th-century lineages (including the Guthries of that Ilk, Kincaldrum, Colliston, Gagie, and Edinburgh civic branches).

1. Monastic & Episcopal Cartularies (Angus Core)

• No. 86 & 86:2 — Liber S. Thome de Aberbrothoc (Arbroath Abbey Register, 2 vols., 1848–1856)
  • Why it matters: Arbroath Abbey was the dominant religious and landowning institution in Angus.
  • Guthrie content: Documents Richard Guthrie, Abbot of Arbroath (c. 1450–1455), alongside numerous 15th-century charters, land grants, witness attestations, and estate boundary disputes involving the Guthries of Kincaldrum and Guthrie.
• No. 102 — Registrum Episcopatus Brechinensis (Register of the Diocese of Brechin, 2 vols., 1856)
  • Why it matters: Brechin covered the immediate territorial heartland of the Guthrie families.
  • Guthrie content: Contains extensive charter evidence for John Guthrie, Bishop of Brechin (1623–1638), land transfers (sasines) for Guthrie of Colliston and Carsebank, and Episcopal confirmations of family lands.

2. Criminal & Feud Records

• No. 42 — Pitcairn’s Ancient Criminal Trials in Scotland (3 vols in 7 parts., 1833)
• No. 42 – Pitcairn’s Criminal Trials in Scotland (10 vols (1833)
  • Why it matters: Pitcairn transcribed original High Court of Justiciary records from 1488 to 1624.
  • Guthrie content: Essential for documenting the deadly Guthrie–Gardyne feud in Angus during the late 16th century. It details the 1587 assassination of Alexander Guthrie of Guthrie, subsequent retaliatory raids, and court summons listing dozens of Guthrie family members and retainers by name and location.

3. Diocesan & Legal Court Registers

• No. 81 — Liber Officialis Sancti Andree (1845)
  • Why it matters: Contains surviving court sentences from the St Andrews Officialate prior to the Reformation.
  • Guthrie content: Documents pre-Reformation marriage dispensations, legitimacy cases, inheritance disputes, and wills for families across Fife, Angus, and Lothian.

4. Civic & State Registers

• No. 43 — A Diurnal of Remarkable Occurrents in Scotland (1833)
  • Why it matters: A contemporary chronicle covering Scottish history from 1513 to 1575.
  • Guthrie content: Mentions Alexander Guthrie, Town Clerk of Edinburgh (a prominent Angus offshoot branch), his involvement in Reformation politics, and actions involving the lairds of Guthrie during the Marian civil war.
• No. 56 — Letters and State Papers During the Reign of King James the Sixth (1838)
  • Why it matters: Primary correspondence between the Crown and Scottish nobility/gentry.
  • Guthrie content: Contains royal petitions, commissions, and property forfeitures involving various Guthrie lairds in the late 16th and early 17th centuries.

No. 86
Book of St Thomas of Arbroath:
Registers of the Abbey of Arbroath
Volume 1: 1178 – 1329

Liber S. Thome de Aberbrothoc. Registrorum Abbacie de Aberbrothoc. Pars Prior. Registrum Vetus Munimentaque Eidem Coetanea Complectens. 1178–1329. Edinburgh: Bannatyne Club, 1848.

This is the first part of the registers of the Abbey of Arbroath (Aberbrothoc). It contains the Old Register together with contemporary muniments of the same period, covering the years 1178 to 1329. It was published in Edinburgh in 1848.

Guthrie People

Master Index – Volume 1
Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus, 1178–1329)
Bannatyne Club, Edinburgh, 1848

Guthrie Places

Master Index – Gutheryn Place-Name Entries
Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus, 1178–1329)
Bannatyne Club, Edinburgh, 1848

Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus)
Pages 3–8 (Manuscript folio 1)

Date of the Entry 25 February (year not stated in the visible text; early in the reign of William the Lion, traditionally dated c. 1178 × 1182)

Place Identified

• Ecclesia de Gutheryn (the church of Gutheryn / Gutheri / Gotherin)

Role of the Place One of the parish churches permanently granted to Arbroath Abbey in free, pure, and perpetual alms as part of the Abbey’s original endowment.

Other Primary Parties Identified

• William, King of Scots (William the Lion)
• The church and monks of Arbroath Abbey (newly founded in honour of St Thomas the Martyr)

Original Document Language Latin

Purpose Great confirmation charter by King William the Lion granting and confirming to the newly founded Abbey of Arbroath a large group of churches, lands, and rights. Among the churches explicitly listed is the church of Gutheryn, granted together with the church of Monikie.

Modern English Translation (Relevant extract)

… And the church of Monikie and the church of Gutheryn. And the church of Abernethy with the chapel, lands, teinds, and offerings of all kinds, with common pasture and all other easements and with all other things justly belonging to the said churches, to be held in free, quiet, and perpetual alms, as freely, quietly, fully, and honourably as any alms in my whole kingdom is most freely, quietly, fully, and honourably held and possessed. …

Historical or Genealogical Significance

• This is the earliest documentary reference to the church of Gutheryn in the Arbroath Abbey records.
• It establishes that the parish church of Gutheryn was among the original endowments of the Abbey at or very soon after its foundation by King William the Lion.
• The place-name appears here in the form Gutheryn, consistent with the later Index Locorum variants (Gutheri, Gotherin).

Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus)
Pages 67–68 (Manuscript folio 96)

Date of the Entry 12 January (year not stated; reign of William the Lion)

Place Identified

• Ecclesia de Gutherin (the church of Gutherin / Gutheryn)

Role of the Place The parish church of Gutherin is granted in free, pure, and perpetual alms to the church and monks of Arbroath, together with its chapel, lands, teinds, offerings, and all just pertinents.

Other Primary Parties Identified

• William, King of Scots (William the Lion)
• The church and monks of St Thomas of Arbroath

Original Document Language Latin

Purpose Specific royal charter by which King William grants and confirms the church of Gutherin to Arbroath Abbey.

Modern English Translation Charter of the lord King William concerning the church of Gutherin.

96 William, by the grace of God King of Scots, to all good men of his whole land, clergy and laity, greeting. Know present and future that I have given and granted and by this my charter confirmed to God and the church of St Thomas of Arbroath and the monks serving God there the church of Gutherin with the chapel and lands and teinds and offerings and all other just pertinents belonging to it. To be held in free and pure and perpetual alms, as freely and quietly, fully and honourably as they hold and possess their other alms most freely, quietly, fully and honourably.

Witnesses: Hugh my chancellor; Richard de Prebenda my clerk; Ralph and Walter my chaplains; Philip de Valognes chamberlain; Robert de Quincy; William Cumin; William de Haya; William Flammens. At Montrose, the 12th day of January.

Historical or Genealogical Significance

• This is a dedicated royal charter specifically conveying the church of Gutherin to Arbroath Abbey.
• It reinforces the earlier general grant found in the great foundation/confirmation charter (pp. 3–8) and provides a clear, stand-alone title for the church.
• The spelling here is Gutherin, one of the recorded variants of the place-name.

Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus)
Pages 70–74 (Manuscript folio 100)

Date of the Entry 17 February (reign of Alexander II; year not stated in the visible text)

Place Identified

• Ecclesia de Gutheryn (the church of Gutheryn)

Role of the Place The church of Gutheryn is confirmed to Arbroath Abbey, together with the churches of Monikie and Abernethy, with their chapels, lands, teinds, offerings, and all just pertinents, to be held in free, pure, and perpetual alms.

Other Primary Parties Identified

• Alexander, King of Scots (Alexander II)
• The church and monks of St Thomas of Arbroath

Original Document Language Latin

Purpose General confirmation by King Alexander II of the lands, churches, and rights previously granted to Arbroath Abbey by his father, King William. The church of Gutheryn is explicitly included in the list of confirmed churches.

Modern English Translation (Relevant extract)

… I have also granted and confirmed the church of Monikie, the church of Gutheryn, and the church of Abernethy, with the chapels, lands, teinds, and offerings of all kinds, with common pasture and all other easements justly belonging to the said churches. To be held in free and pure and perpetual alms, as freely and quietly, fully and honourably as any alms in my whole kingdom is most freely, quietly, fully and honourably held and possessed. …

Historical or Genealogical Significance

• This is the royal confirmation by Alexander II of the earlier grants of the church of Gutheryn made by William the Lion.
• It demonstrates the continuity of the Abbey’s title to the church across the change of reign.
• The spelling remains Gutheryn.

Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus)
Page 128 (Manuscript folio 184)

Date of the Entry Undated (episcopate of Ralph, Bishop of Brechin)

Place Identified

• Ecclesia de Gutherin (the church of Gutherin)

Role of the Place The church of Gutherin, with its chapel, lands, teinds, offerings, and all just pertinents, is granted and confirmed by the Bishop of Brechin to Arbroath Abbey in free, pure, and perpetual alms. The monks are also instituted as the canonical rectors and given the right to appoint a chaplain or clerk, saving the rights of the bishop.

Other Primary Parties Identified

• Ralph, Bishop of Brechin
• The church and monks of St Thomas of Arbroath

Original Document Language Latin

Purpose Episcopal charter by which Ralph, Bishop of Brechin, grants and confirms the church of Gutherin to Arbroath Abbey and institutes the monks as its canonical possessors.

Modern English Translation Concerning the church of Gutherin.

184 Ralph, by the grace of God Bishop of Brechin, to all the sons of holy mother church and to the faithful, greeting in the Lord forever. Know present and future that we have given and granted and by this our charter confirmed to God and the church of St Thomas the Martyr of Arbroath and the monks serving God there, in free and pure and perpetual alms, the church of Gutherin with the chapel and lands and teinds and offerings and all other things justly belonging to it. We have also instituted the same monks canonically in the said church. We have further granted to the said monks that they may convert the revenues and profits of the foresaid church to their own use for their sustenance, and that they may possess them peacefully, freely, fully and honourably, and that it may be lawful for them to appoint a chaplain or clerk in the said church, saving the rights of the bishop.

Witnesses: Guido, abbot of Lindores; Gregory our archdeacon; William de Bosco, chancellor of the lord king; Hugh de Sigillo; Peter our chaplain; Andrew de Brechin; Malbride, prior of Brechin; Alexander de Muhauth; Robert son of Edgar; and T. his son.

Historical or Genealogical Significance

• This is the episcopal confirmation and formal institution of Arbroath Abbey in the church of Gutherin by the diocesan bishop (Brechin).
• It completes the title: royal grants (William I and Alexander II) are now reinforced by the bishop’s charter and canonical institution.
• Spelling used: Gutherin.

Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus)
Pages 128–129 (Manuscript folio 185)

Date of the Entry Undated (episcopate of Ralph, Bishop of Brechin)

Place Identified

• Ecclesia de Gutherin (the church of Gutherin)

Role of the Place The church of Gutherin is included in a general episcopal confirmation of multiple churches granted to Arbroath Abbey, with their chapels, lands, teinds, offerings, and all just pertinents, to be held in free, pure, and perpetual alms for the monks’ own use.

Other Primary Parties Identified

• Ralph, Bishop of Brechin
• The church and monks of St Thomas of Arbroath

Original Document Language Latin

Purpose General confirmation by Ralph, Bishop of Brechin, of all the churches previously granted to Arbroath Abbey (including Gutherin), with authority for the monks to convert the revenues to their own use and to appoint chaplains, saving the rights of the bishop.

Modern English Translation Confirmation by Ralph, Bishop of Brechin, of all the churches.

185 Ralph, by the grace of God Bishop of Brechin, to all the sons of holy mother church and to the faithful, greeting in the Lord forever. Know present and future that we have given and granted and by episcopal authority and by this our present charter confirmed to God and the church of St Thomas the Martyr of Arbroath and the monks serving God there, in free and pure and perpetual alms, the church of Old Montrose, the church of Dunnichen, the church of Kingoldrum, the church of Panbride, the church of Monikie, the church of Gutherin, the church of Kathin, with the chapels and lands and teinds and offerings and with all other just pertinents belonging to them. We have also granted to the said monks that they may convert the revenues and profits of the foresaid churches to their own use and for their sustenance, and that they may possess them peacefully. Wherefore we will that the said monks shall hold and possess the foresaid churches with the chapels and lands and teinds and all other rights justly belonging to the same churches for their own use, as freely and quietly, fully and honourably as any religious men hold and possess any ecclesiastical benefice in the whole kingdom of Scotland most freely, quietly, fully and honourably. And it shall be lawful for them to appoint such chaplains as they wish in the same churches, saving the rights of the bishop.

Witnesses: Guido, abbot of Lindores; Gregory our archdeacon; William our official; Matthew our dean; and Andrew de Brechin; Alexander de Muhaut; and Master Isaac our clerk; John de Munfort; David de Haia; and Robert de Haia his brother; Robert son of Edgar; and Thomas his son.

Historical or Genealogical Significance

• This is a broad episcopal confirmation that groups the church of Gutherin with the other major churches of the Abbey in the diocese of Brechin.
• It reinforces the earlier specific grant of Gutherin by the same bishop (folio 184) and the royal grants.
• Spelling used: Gutherin.

Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus)
Pages 129–130 (Manuscript folio 186)

Date of the Entry Undated (episcopate of Hugh, Bishop of Brechin)

Place Identified

• Ecclesia de Gutherin (the church of Gutherin)

Role of the Place The church of Gutherin is included in a general confirmation by Bishop Hugh of Brechin of the churches previously granted and confirmed to Arbroath Abbey by his predecessor Ralph, to be held in free, pure, and perpetual alms for the monks’ own use, with the right to appoint their own chaplains.

Other Primary Parties Identified

• Hugh, Bishop of Brechin
• The church and monks of St Thomas of Arbroath
• Ralph, previous Bishop of Brechin (referenced)

Original Document Language Latin

Purpose Confirmation by Hugh, Bishop of Brechin, of all the churches (including Gutherin) previously confirmed to Arbroath Abbey by Bishop Ralph, reaffirming the monks’ right to the revenues and to appoint chaplains.

Modern English Translation Confirmation by Hugh, Bishop of Brechin, of all the churches.

186 Hugh, by the grace of God Bishop of Brechin, to all the sons of holy mother church, eternal greeting in the Lord. We wish it to be known to the whole university that we have granted and by this present charter confirmed to God and the church of St Thomas the Martyr of Arbroath and the monks serving God there, in free and pure and perpetual alms, the church of Old Montrose, the church of Dunnichen, the church of Kingoldrum, the church of Panbride, the church of Monikie, the church of Gutherin, the church of Katerin, with the chapels and lands and all revenues justly belonging to the said churches. We have also granted to the said monks that they may convert the revenues and profits of the foresaid churches to their own use for their sustenance, and that they may hold and possess them freely and peacefully, fully and honourably, as is contained in the charter of Ralph of good memory, our predecessor. And that it may be lawful for the said monks to appoint their own chaplains in the same churches, saving the rights of the bishop.

Witnesses: Robert, elect of Ross; Guido, abbot of Lindores; William, abbot of Scone; William de Bosco, chancellor of the lord king; Gregory our archdeacon; Malbride, prior of our Céli Dé; Alexander de Muhaut our clerk; Master Simon de St Andrews; Robert our chaplain; and our whole chapter.

Historical or Genealogical Significance

• This is the confirmation by the next Bishop of Brechin (Hugh) of the earlier grants and confirmations of the church of Gutherin.
• It shows continued episcopal support for Arbroath Abbey’s possession of the church across successive bishops.
• Spelling used: Gutherin.

Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus)
Page 130 (Manuscript folio 187)

Date of the Entry Undated (episcopate of Gregory, Bishop of Brechin)

Place Identified

• Ecclesia de Gutherin (the church of Gutherin)

Role of the Place The church of Gutherin is included in a general confirmation by Bishop Gregory of Brechin of the churches held by Arbroath Abbey. The monks are again instituted as the canonical possessors and granted the right to convert the revenues to their own use and to appoint their own chaplains.

Other Primary Parties Identified

• Gregory, Bishop of Brechin
• The church and monks of St Thomas of Arbroath

Original Document Language Latin

Purpose Confirmation by Gregory, Bishop of Brechin, of all the churches (including Gutherin) belonging to Arbroath Abbey, with canonical institution of the monks and authority to appoint chaplains.

Modern English Translation Confirmation by Gregory, Bishop, of all the churches.

187 Gregory, by the grace of God Bishop of Brechin, to all the sons of holy mother church, eternal greeting in the Lord. We wish it to be known to the whole university that we have granted and by this our present charter confirmed to God and the church of St Thomas the Martyr of Arbroath and the monks serving God there in perpetuity, in free and pure and perpetual alms, the church of Old Montrose, the church of Dunnichen, the church of Kingoldrum, the church of Panbride, the church of Monikie, the church of Gutherin, the church of Kathin, with the chapels and lands and revenues and all other things justly belonging to the said churches. We have also instituted the same monks canonically in the same churches. We have further granted to the said monks that they may convert the revenues and profits of the foresaid churches to their own use for their sustenance, and that they may possess them freely and peacefully, fully and honourably. And that it may be lawful for the same monks to appoint their own chaplains in the same churches, saving the rights of the bishop.

Witnesses: the lord Bricius, Bishop of Moray; the lord William de Bosco, chancellor; Malbride, prior of our Céli Dé; Master Henry de Norham our official; Freskin, dean of the church of Moray; Master Henry and Hugh de Douglas, clerks of the lord of Moray; Master Henry de Munros; and William our chaplain; and our whole chapter.

Historical or Genealogical Significance

• This is the third successive episcopal confirmation (Ralph → Hugh → Gregory) of the church of Gutherin to Arbroath Abbey.
• It demonstrates the consistent support of the Bishops of Brechin for the Abbey’s title across multiple pontificates.
• Spelling used: Gutherin.

Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus)
Pages 131–132 (Manuscript folio 189)

Date of the Entry Undated (episcopate of Ralph, Bishop of Brechin)

Place Identified

• Ecclesia de Gutheri (the church of Gutheri / Gutherin)

Role of the Place The church of Gutheri is one of five churches (together with Maryton, Panbride, Monikie, and Dunnichen) for which Bishop Ralph remits the customary procurations. When the bishop visits these churches, the procuration is to be received at Arbroath Abbey rather than at the individual churches.

Other Primary Parties Identified

• Ralph, Bishop of Brechin
• The abbot and monks of St Thomas of Arbroath

Original Document Language Latin

Purpose Charter by which Ralph, Bishop of Brechin, remits the procurations due from certain churches belonging to Arbroath Abbey (including Gutheri), arranging that the bishop will instead receive the procuration at the Abbey itself.

Modern English Translation Charter of Ralph, Bishop of Brechin, concerning the making of procurations.

189 To all the sons of holy mother church, both present and future, R., by the grace of God Bishop of Brechin, greeting in the author of salvation. The abbot and monks of St Thomas the Martyr of Arbroath have come before us, showing that certain of their churches, namely the church of Maryton, the church of Gutheri, the church of Panbride, the church of Monikie, and the church of Dunnichen, situated in our diocese, when we come for visitation, cannot serve us as honourably as is fitting in making our procuration, both because of the poverty of the houses and because of other reasons which the brethren assigned. They therefore petitioned us that we would remit to them the procurations of the foresaid churches, so that when we come to visit any of them, no procuration being exacted there, we should come to their house of Arbroath to receive our procuration, both because after the completion of our ministry in the said churches access would be open without any difficulty to the Abbey near which they are situated, and because there they could serve us more usefully and honourably in making our procuration. We, therefore, loving the said house of Arbroath with sincere charity and desiring to provide in every way for its utility and honour, have of our own free will, after consultation with our clerks, completely remitted to the abbot and monks of the same place the exaction of the procurations of all the churches named above, so that the procurations of the same churches shall be honourably exhibited to us at Arbroath. And so that this our grant may be held firm and unshaken in future times, we confirm it by this our charter and strengthen it by the apposition of our seal.

Witnesses: Gregory the archdeacon; William the chaplain; Andrew the chaplain of Brechin; Matthew the dean; Peter our chaplain; Malbride, prior of the Céli Dé of Brechin; William de Kerneil, parson of Dundee; Henry, chaplain of Montrose.

Historical or Genealogical Significance

• Shows the practical administration of the church of Gutheri as one of the Abbey’s appropriated churches in the diocese of Brechin.
• The remission of procurations at the individual churches (with payment instead at Arbroath) is a mark of the Abbey’s favoured status and the bishop’s accommodation of its convenience.
• Spelling used here: Gutheri.

Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus)
Pages 132–133 (Manuscript folio 191)

Date of the Entry Undated (episcopate of Gregory, Bishop of Brechin)

Place Identified

• Ecclesia de Gutherin (the church of Gutherin)

Role of the Place The church of Gutherin is one of the five churches for which Bishop Gregory confirms the earlier remission of procurations (originally granted by Bishops Ralph and Hugh). When the bishop visits these churches, the procuration is to be received at Arbroath Abbey rather than at the individual churches.

Other Primary Parties Identified

• Gregory, Bishop of Brechin
• The abbot and convent of St Thomas of Arbroath
• Ralph and Hugh, previous Bishops of Brechin (referenced)

Original Document Language Latin

Purpose Confirmation by Gregory, Bishop of Brechin, of the remission of procurations for certain churches (including Gutherin) previously granted by his predecessors, so that the bishop receives the procuration at Arbroath Abbey.

Modern English Translation Confirmation by Bishop Gregory of Brechin concerning the making of procurations.

191 Gregory, by the grace of God Bishop of Brechin, to all the sons of holy mother church and to the faithful, eternal greeting in the Lord. Be it known to your whole university that we, imitating the pious footsteps of Ralph and Hugh of good memory, our predecessors, Bishops of Brechin, and with the counsel and assent of our common chapter, have granted and by this our charter confirmed to the abbot and convent of St Thomas the Martyr, our beloved brothers in Christ, that when we come by reason of our office to visit certain of their churches, namely those of Maryton and of Gutherin and of Panbride and of Monikie and of Dunnichen, the procuration due to us or to our officials having been remitted at those churches, we shall come to the Abbey itself of Arbroath to receive our procurations, where we and ours can be served more decently and honourably. And so that this our grant may be held firm and unshaken in future times, we have thought it worthy to strengthen it, as our predecessors fully did, by the apposition of our seal.

Witnesses: the lord Bricius, Bishop of Moray; the lord William de Bosco, chancellor; Malbride, prior of our Céli Dé; Master Henry de Norham our official; Freskin, dean of the church of Moray; Master Henry and Hugh de Douglas, clerks of the lord Bishop of Moray; Master Henry and William our chaplains; and our whole chapter.

Historical or Genealogical Significance

• Confirms the practical arrangement for the church of Gutherin (and four other Abbey churches) across three successive Bishops of Brechin (Ralph → Hugh → Gregory).
• Demonstrates the stable and favoured administrative relationship between Arbroath Abbey and the diocese of Brechin regarding this church.
• Spelling used: Gutherin.

Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus)
Page 133 (Manuscript folio 192)

Date of the Entry Undated (during the episcopate of Ralph, Bishop of Brechin)

Place Identified

• Ecclesia de Gutherin (the church of Gutherin)

Role of the Place The church of Gutherin is one of the five churches for which the Chapter of Brechin confirms the remission of procurations previously granted by Bishop Ralph. When the bishop visits these churches, no procuration is to be exacted at the individual churches; instead it is to be received at Arbroath Abbey.

Other Primary Parties Identified

• M., Prior, and the Céli Dé of the Chapter of the church of Brechin
• Ralph, Bishop of Brechin (whose grant is being confirmed)
• The monks of Arbroath

Original Document Language Latin

Purpose Confirmation by the Chapter of Brechin of Bishop Ralph’s remission of procurations for certain churches belonging to Arbroath Abbey (including Gutherin).

Modern English Translation Confirmation by the Chapter of Brechin concerning the procurations.

192 To all the sons of holy mother church, M., prior, and the Céli Dé of the chapter of the church of Brechin, greeting. Be it known to your university that Ralph, by the grace of God Bishop of Brechin, with our counsel and assent, for the sake of charity, granted to the monks of Arbroath that whenever he comes by reason of his office to visit certain of their churches situated in his diocese, namely the church of Maryton, or the church of Gutherin, or the church of Panbride, or the church of Monikie, or the church of Dunnichen, no procuration of hospitality shall be exhibited to him at any of them, but only at the Abbey, where this can be done more decently and honourably. We also hold this grant, as it is better contained in the charter of the said monks, entirely firm and acceptable. And in testimony of this matter we have thought it worthy to append the seal of our church to the present writing.

Witness: the whole of our chapter.

Historical or Genealogical Significance

• Completes the set of confirmations for the remission of procurations relating to the church of Gutherin: Bishop Ralph’s original grant, the confirmations by Bishops Hugh and Gregory, and now the formal assent of the Chapter of Brechin.
• Shows the full institutional support (bishop + chapter) for the special arrangement favouring Arbroath Abbey.
• Spelling used: Gutherin.

Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus)
Pages 153–156 (Manuscript folio 221)

Date of the Entry 11 May 1207 (Lateran, 3rd year of the pontificate of Innocent III)

Place Identified

• Ecclesia de Gutheryn (the church of Gutheryn)

Role of the Place The church of Gutheryn is included in the general papal confirmation by Innocent III of the possessions of Arbroath Abbey. It is listed among the churches previously granted by the Bishop of Brechin (Turpin / T.).

Other Primary Parties Identified

• Pope Innocent III
• Henry, Abbot of Arbroath, and the monks
• Bishop T. of Brechin (whose earlier grant is referenced)

Original Document Language Latin

Purpose Papal bull of Pope Innocent III confirming the lands, churches, rights, and privileges of Arbroath Abbey, including the church of Gutheryn among those received from the Bishop of Brechin.

Modern English Translation (Relevant extract)

… From the grant of T. of good memory, Bishop of Brechin: the church of Old Montrose, the church of Panbride, the church of Monikie, the church of Gutheryn, the church of Kathin, the church of Dunnichen, the church of Kingoldrum, with all their pertinents and liberties, as is more fully contained in the writing of the same bishop. …

Historical or Genealogical Significance

• This is the highest-level confirmation of the church of Gutheryn: a papal privilege issued by Innocent III in 1207.
• It places the Abbey’s title to Gutheryn under the protection of the Holy See, following the earlier royal and episcopal grants.
• Spelling used: Gutheryn.

Liber S. Thome de Aberbrothoc – Pars Prior (Registrum Vetus)
Pages 240–241

Date of the Entry Undated (taxation list of churches in the bishopric of Brechin; mid-13th century context)

Place Identified

• Ecclesia de Gotherin (the church of Gotherin / Gutheryn)

Role of the Place The church of Gotherin appears in the official taxation list of churches in the diocese of Brechin, assessed at 8 merks.

Other Primary Parties Identified

• None (administrative taxation list)

Original Document Language Latin

Purpose Taxation (assessment) of the churches in the bishopric of Brechin, recording the value of each for ecclesiastical taxation purposes.

Modern English Translation (Relevant line)

Church of Gotherin . . . . . 8 merks.

Historical or Genealogical Significance

• Provides the only recorded medieval valuation of the church of Gutheryn/Gotherin.
• At 8 merks it ranks as a modest parish church within the diocese of Brechin (compare Monikie and Panbride at 40 pounds, Dunnichen and Maryton at 20 merks, etc.).
• Spelling used here: Gotherin (one of the Index Locorum variants).

No. 86
Book of St Thomas of Arbroath:
Registers of the Abbey of Arbroath
Volume 2: 1329 – 1536

Liber S. Thome de Aberbrothoc. Registrorum Abbacie de Aberbrothoc. Pars Altera. Registrum Nigrum necnon Libros Cartarum Recentiores Complectens. 1329–1536. Edinburgh: Bannatyne Club, 1856.

This is the second part of the registers of the Abbey of Arbroath (Aberbrothoc), containing the Black Register together with the more recent books of charters, covering the years 1329 to 1536. It was published in Edinburgh in 1856 under the auspices of the Bannatyne Club.

Guthrie People

Master Index Table – Guthrie Entries Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 20–22 (Manuscript Folio 22)

Date of the Entry 17 July 1348

Guthrie(s) Identified

• Adam de Guthry (witness)

Other Primary Parties Identified

• Willelmus, Abbot of Arbroath (actor / plaintiff)
• Johannes de Clakmanan (reus / defendant)
• Magistro Willelmo de Hall, Roberto dicto Scot, Petro de Haya, Willelmo Jacob (ballivi of Dundee)
• Willelmus de Meldrum (commissary)
• Dominus Dauid de Berkelay, miles (deputy justiciar)
• Willelmus, Earl of Ross, Lord of Sky (justiciar north of the Forth)
• Colinus filius Nigelli (tenant of the Abbey in Kyngoldrum)
• Witnesses: Dominus Dauid de Gram, Roberto de Chesholm (knights), Waltero de Maull, Thoma Ruwell, Henrico de Lychtoun, Alexandro de Ogilwill, and many others

Original Document Language Latin

Purpose Record of a justiciary court proceeding held at Forfar concerning the unlawful exacting of royal toll (tolloneum) by a Dundee burgess from an Abbey tenant, contrary to the privileges of Arbroath Abbey.

Guthrie Role Adam de Guthry appears solely as a named witness present in court when the Abbot of Arbroath accepted the defendant’s apology, remitted the injury, and absolved him under penalty.

Modern English Translation Against the burgesses of Dundee concerning the exacting of toll and custom.

Be it known to all by these presents that before me, William de Meldrum, commissary, jointly and severally with … lord David de Berkeley, knight, deputed in this matter by … William, Earl of Ross, Lord of Sky and justiciar on the north side of the water of Forth, sitting for judgment in the aforesaid justiciary at Forfar on Thursday, namely the seventeenth day of the month of July in the year of Our Lord one thousand three hundred and forty-eight, there appeared in judgment … William … abbot … of Arbroath … in the name of the said monastery as actor … and John de Clackmannan, the defendant … together with master William de Hall, Robert called Scot, Peter de Haya, and William Jacob, bailies of the burgh of Dundee, constituted by letters patent of the community of the said burgh sealed with their common seal … to repledge their fellow-burgesses, stallangers, and their servants of the said burgh indicted and arrested in the said justiciary and elsewhere wherever, and especially the said defendant, upon this, namely that the said defendant in the town of Dundee on the Saturday next after the feast of St John the Baptist of the aforesaid year took from a certain man of the said religious, called Colin son of Nigel, dwelling in their land of Kingoldrum, one sterling penny for the king’s toll, which he ought by no means to have done, as the said abbot asserted, since this was against the privilege of good memory of King Alexander, son of King William, once the illustrious king of Scotland, founder of the said monastery, which privilege sealed with the seal of the said King Alexander he caused to be shown and read there, together with a papal bull confirming the donations and grants of kings and princes and other faithful of Christ made and to be made to the said monastery, concluding with a curse and spiritual penalty against those coming against the privileges and contents in the same bull to the damage or prejudice of the said religious and the aforesaid monastery.

Which defendant, seeing, hearing, and considering the tenors of the said privileges, and that the said abbot in the name aforesaid was prepared to proceed against him for the aforesaid causes concerning the fraud of the royal protection perpetually granted to them and the aforesaid monastery and their men and goods (which also the said abbot caused to be read there), in full court on bended knees acknowledged that he the said defendant had erred and sinned against the aforesaid privileges, and with joined hands begged the said lord abbot for pardon, offering him the penny taken from his man; and the aforesaid bailies of his, both in their own name and in the name of their community, denied that the taking of the said penny of toll had been done by their mandate or will.

These things having been thus done, the said lord abbot, at the supplication of the greater persons present in the said court and also moved by piety, took the said penny from the same defendant and remitted to him the said injury, enjoining upon him under penalty of twenty pounds sterling to be applied in equal portions to the fabric of the churches of St Andrews and of Arbroath that henceforth he attempt nothing unduly against the aforesaid privileges. And then the said abbot absolved the same defendant from the sentence which he incurred by his aforesaid deed. And this I signify to all whom it concerns by the tenor of these presents.

These things were done in the presence of … lords David de Graham, Robert de Chesholm, knights; Walter de Maule, Thomas Ruwell, Adam de Guthry, Henry de Lichtoun, Alexander de Ogilvy, and many others. In witness whereof I have openly affixed my seal to the present letters at Forfar on the seventeenth day of the month of July in the year of grace 1348.

Historical or Genealogical Significance

• Earliest dated appearance of Adam de Guthry in the Arbroath Abbey registers.
• Places him as a person of sufficient standing to be named among the witnesses (alongside knights and local lairds) at a justiciary court in Forfar in 1348.
• Confirms the ongoing assertion of Arbroath Abbey’s privileges regarding freedom from tolls, granted by King Alexander II.
• Provides a fixed chronological anchor for the early Guthrie presence in Angus.

Notes

• Adam de Guthry is listed only as a witness; no further action or description is given.
• The case concerns a one-penny toll taken from an Abbey tenant in Kingoldrum (Kyngoldrum).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 59–60 (Manuscript Folio 63)

Date of the Entry 14 December 1418

Guthrie(s) Identified

• Willelmus de Guthry (William of Guthrie)

Other Primary Parties Identified

• Walterus, Abbot of Arbroath
• The Convent of Arbroath

Original Document Language Latin

Purpose Indenture (tack / lease) by which the Abbot and Convent of Arbroath set in farm to William of Guthrie their lands of Innerlownan (Innerlounan).

Guthrie Role Tenant / lessee of the Abbey’s lands of Innerlownan. He undertakes to pay the stipulated grain rents, attend the Abbot’s courts, keep the lands free of husbandry burdens, supply plough service when required, and not to sublet without licence.

Modern English Translation Indenture upon the lands of Innerlownan.

63 This indenture made at Arbroath on the fourteenth day of the month of December in the year of Our Lord one thousand four hundred and eighteen between … Walter … abbot … of Arbroath and the convent of the same place … and … William of Guthrie … witnesses: That … the abbot and convent … have set in farm … to William of Guthrie all their lands of Innerlownan … Paying therefor yearly … three celdras of barley and two celdras of good oat meal with the measure of the current market, and ten bolls of barley and oat meal with the aforesaid measure, to be paid at the customary terms … And the same William shall also appear at the courts and pleas … of the abbot doing common suit, and shall hold the same lands free from all husbandry burdens, and when he shall be required … he shall be ready to labour the plough of the court, receiving the customary fee. Moreover if … he shall be injurious, disobedient or rebellious to us or our officers or husbandmen, or slow or damaging in the payment of his farm, it shall be lawful for us … at the pleasure of our will … to dispose of the said land. Nor shall it be lawful for the same … to set the said lands … to anyone … except to cottars without our special licence … In witness whereof to the part of this indenture remaining with the foresaid William the common seal of the chapter … has been appended; the part remaining with … the abbot … remains sealed with the seal … of William. Given … on the year, day and month abovesaid.

Historical or Genealogical Significance

• Documents William of Guthrie as a substantial tenant of Arbroath Abbey in 1418.
• Provides precise details of the rent (grain) and feudal obligations attached to the lands of Innerlownan.
• One of the earlier personal appearances of a Guthrie holding Abbey land by formal tack.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 65 (Manuscript folio 71)

Date of the Entry 2 August 1434 (anno tricésimo iiiiº of the abbot’s time / context)

Guthrie(s) Identified

• Willelmus de Guthry (William of Guthrie)
• Magister Alexander de Guthry (Master Alexander of Guthrie)

Other Primary Parties Identified

• Walterus, Abbot of Arbroath
• Andrea Tryppis (grantee)
• Ricardus Johannis filii quondam Johannis Thome (resigner of the land)
• Dauid Paniter
• Gilbertus Brown
• Walterus Brown (burgesses of Perth)
• Johannes Stephani (burgess of Forfar)
• Dauid Ramsay and Patricius Schoreschaugh (neighbouring landholders)

Original Document Language Latin

Purpose Feu-farm charter of a piece of land lying in the burgh of Forfar (on the north side of the market street) granted by the Abbot and Convent of Arbroath to Andrew Tryppis after its resignation by Richard son of the late John Thomson.

Guthrie Role Both William of Guthrie and Master Alexander of Guthrie appear as witnesses present at the resignation of the land into the Abbot’s hands (performed at the north end of the bridge of Perth).

Modern English Translation Setting in feu-farm of a piece of land of Forfar.

71 To all … Walter … abbot … of Arbroath … greeting … Know that we … have set in feu-farm … to Andrew Tryppis … a piece of land … lying in the burgh of Forfar in the market street on the north side of the same street between the land of David Ramsay on the west … and the land of Patrick Schoreschaugh on the east … which piece … belonged to Richard son of the late John Thomson, and which the same Richard … at the north end of the bridge of Perth in the presence of … William of Guthrie, David Paniter, Master Alexander of Guthrie, Gilbert Brown, Walter Brown, burgesses of Perth, and John Stephen, burgess of Forfar … resigned into our hands … for himself and his heirs … To be held … in fee and heritage forever with all … pertinents … Rendering … fifteen pennies of the usual money of the kingdom of Scotland … at the two terms of the year … with a competent booth only for all other burden … In witness whereof the seal … of the chapter … has been appended … on the second day of the month of August in the year etc. the thirty-fourth.

Historical or Genealogical Significance

• Places both William of Guthrie and Master Alexander of Guthrie as burgesses of Perth in 1434.
• Shows them acting together as witnesses in a formal resignation of urban property connected with Arbroath Abbey.
• Master Alexander’s title indicates university-trained status (likely a graduate in arts or law).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 72 (Manuscript folio 83)

Date of the Entry 8 October (anno xxxviiiº – under Abbot Walter)

Guthrie(s) Identified

• Willelmus de Guthry (William of Guthrie)

Other Primary Parties Identified

• Walterus, Abbot of Arbroath (presiding)
• Walterus de Tullawch (the claimant / heir)
• Walterus de Tullawch, miles (his grandfather, the last vest and seized)
• Domina Agnetis de Tullawch (whose death triggered the 16-year vacancy)
• Jurors: Dominus Patricius Lyoun, Alexander de Ouchtyrlowny, Willelmus de Ouchtyrlowny, Thomas de Blar, Ricardus Luwel, Alexander de Moreff, Dauid de Lychtoun, Henricus de Fethy, Johannes de Strathauchyn, Johannes de Carnegie, Dauid de Betoun, Duncanus de Conan, Johannes Scot, Johannes Knycht, Andreas Purwas, Willelmus Lyal, Johannes de Thorntoun, and others

Original Document Language Latin

Purpose Inquisition (retour) taken at Carnconan concerning the lands of Tulloch (Tullawch) and Craquhy within the regality of Arbroath, to establish the rightful heir after a 16-year vacancy in the abbot’s hands.

Guthrie Role William of Guthrie served as one of the sworn jurors (iurati) on the inquest.

Modern English Translation Letter of the inquisition of the lands of Tulloch.

83 Inquisition made at Carnconan on the eighth day of the month of October in the year etc. the thirty-eighth, before … Walter … abbot … of Arbroath, by … lord Patrick Lyon, Alexander of Ouchterlony, William of Ouchterlony, Thomas of Blair, Richard Luwel, Alexander of Moray, David of Lichtoun, William of Guthrie, Henry of Fethy, John of Strachan, John of Carnegie, David of Beton, Duncan of Conan, John Scot, John Knight, Andrew Purves, William Lyell, and John of Thornton. Who being sworn say that … Walter of Tulloch, knight, grandfather of Walter of Tulloch, the bearer of these presents, died last vest and seized … of … the lands of Tulloch and of Craquhy on the south side of Vueny, excepting the mill and the lands pertaining to the same … within the regality of Arbroath; and that the said Walter is the lawful … heir … of the lord Walter … of the said lands … and that he is of lawful age; and the said lands now are worth yearly thirty-three pounds six shillings and eight pence, and in time of peace were worth ten pounds; and they are held in chief of … the abbot … by the service of personal presence at three courts … of the abbot and at more if need shall be if he is warned; and they have been in the hands … of the abbot … for the space of sixteen years by the death of lady Agnes of Tulloch and because the true heir did not pursue his right. Done and closed under the seal of the bailie and under the seals of certain of those who were present at the making of the said inquisition.

Historical or Genealogical Significance

• Places William of Guthrie among the local landed men of sufficient standing to serve on a formal inquest within the regality of Arbroath.
• Confirms his continued activity in the 1430s alongside other Angus lairds and Abbey tenants.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 83 (Manuscript folio 99)

Date of the Entry 1 March 1453

Guthrie(s) Identified

• Magister David Guthre (Master David Guthrie)

Other Primary Parties Identified

• Ricardus, Abbot of Arbroath
• Thomas Ogilvy de Clova (co-bailie)
• Robertus Masoun, burgess of Dundee (resigner of the annual rent)
• Dauid de Spaldyng junior, burgess of Dundee (recipient of sasine)
• Thomas Leys (neighbouring landholder)

Original Document Language Latin

Purpose Letter of appointment by the Abbot of Arbroath constituting Thomas Ogilvy of Clova and Master David Guthrie as his special bailies to receive the resignation of a 30-shilling annual rent in Dundee and to give sasine of it to David Spalding junior.

Guthrie Role Master David Guthrie is appointed (together with Thomas Ogilvy of Clova) as one of the Abbot’s bailies in this matter, authorised to receive the resignation and deliver sasine.

Modern English Translation Letter of the bailie for receiving 30 shillings of annual rent in Dundee.

99 Be it known to all … that we Richard … abbot … of Arbroath … have constituted … Thomas Ogilvy of Clova and Master David Guthrie our bailies in this part … to receive … in their hands … from Robert Mason, burgess of Dundee … the resignation … of one annual rent of thirty shillings owed to him … from our toft lying in the burgh of Dundee in St Mary’s Street on the south side of the same, between the common vennel commonly called Spalding’s Wynd on the west and the land of Thomas Leys on the east; and … we command you our bailies … that without delay you deliver sasine … of the said annual rent … to David of Spalding junior, burgess of Dundee, according to … the tenor of the charter of the said Robert Mason made thereupon to the foresaid David … Saving the right of anyone and the service due to us … Given under the seal … of the chapter … on the first day of the month of March in the year of Our Lord one thousand four hundred and fifty-three.

Historical or Genealogical Significance

• Shows Master David Guthrie acting in an official capacity as a specially appointed bailie of the Abbot of Arbroath in 1453.
• Confirms his status as a trusted local figure (already styled “magister”) handling property transactions within the Abbey’s regality and in the burgh of Dundee.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 86–88 (Manuscript folio 104)

Date of the Entry 18 December 1455

Guthrie(s) Identified

• Magister David de Guthre (Master David of Guthrie)

Other Primary Parties Identified

• Ricardus, Abbot of Arbroath (resigning)
• Magister Johannes Athilmer, professor of sacred theology and provost of the collegiate church of St Salvator in St Andrews (procurator for the abbot)
• Thomas de Driden, claustral subprior of Arbroath
• Other monks of the monastery
• Witnesses present: Magister Walterus Idill (canon of Aberdeen, notary), Alexander de Thorntoun (notary public), Thomas Dikisoun (bachelor in decrees), Robertus Stevyn (master of arts), Dominus Johannes Harwar (chaplain), Henricus Ramsay de Neutibbir, Willelmus de Baldowy, Andreas Brown, and Jacobus Bridi (notary)

Original Document Language Latin

Purpose Notarial instrument recording the formal resignation of the abbacy of Arbroath by Abbot Richard, executed through his procurator Master John Athilmer in the chapter house, with mutual renunciations of conditions and a request for forgiveness for any shortcomings in administration.

Guthrie Role Master David of Guthrie was present among the named witnesses when the resignation was declared and the instrument drawn up.

Modern English Translation Resignation of the abbacy of Arbroath.

104 In the name of God, amen. By this … be it known that in the year of the Incarnation of the Lord one thousand four hundred and fifty-five, on the eighteenth day of the month of December, in the fourth indiction, in the first year of the pontificate of … lord Calixtus … pope the third, in the presence of … Thomas of Dryden, claustral subprior of the monastery of Arbroath … and of other … monks of the monastery in the chapter house before midday at the customary hour … and of me … and of the witnesses underwritten … there appeared the venerable and most learned man Master John Athilmer, professor of sacred theology and provost of the collegiate church of St Salvator within the city of St Andrews, procurator … of lord Richard … abbot … of Arbroath … as … appeared by a public instrument … Which instrument … having been publicly read by me … the same Master John … according to the tenor of the instrument … for certain … causes moving the mind … of the abbot … and concerning the state, convenience and honour of the said monastery, renounced all right … competent to the said venerable father in and to the said abbacy … and so far as he could of right resigned the same abbacy and the rule of the same into the hands of the said lord subprior … These things having been thus done … the said Master John … renounced all … conditions … entered into with any persons … before the date of these presents … and touching the present business … And conversely … the aforesaid Thomas the subprior in the name … of the convent then … renounced all … conditions … entered into by … the abbot … with any persons … before the date of the present instrument … and touching the present business … and all the … monks … renounced … After which declaration … the same Master John … moved by mercy and piety, shedding tears as it were and pouring them forth, proposed that if the said lord abbot in his time in the rule of the said abbacy exercised himself well, honestly and conveniently it was highly pleasing to him the abbot; and in so far as he had managed the public affairs of the said monastery badly, not attending carefully but more quickly neglecting the convenience and honour of the place out of carelessness, as he firmly knew he had daily perpetrated and done during the said time, led by penitence he sought from the said lord subprior and convent forgiveness and remission of such evil deeds committed; which they by unanimous consent graciously granted to him and cordially forgave him. Upon which … the lord subprior … sought … instruments. These things were done … in the presence there of … Masters Walter Idill, canon of Aberdeen, the underwritten notary; Alexander of Thornton, notary public; Thomas Dickinson, bachelor in decrees; Master David of Guthrie; Robert Stevin, master of arts; lord John Harwar, chaplain; Henry Ramsay of Newtibber; William of Baldovy of the same; and Andrew Brown … And I James Bride … notary … was present at the premises … and took them into note and therefrom made this present public instrument with my own hand … signed with my usual and customary sign and name together with the subscription and sign of the underwritten lord notary … And I Walter Idill, canon of the church of Aberdeen, public notary by imperial authority, etc.

Historical or Genealogical Significance

• Places Master David of Guthrie as a witness of standing at the formal resignation of the abbacy of Arbroath in December 1455.
• Confirms his continued activity and recognized status (“magister”) in the mid-1450s within the circle of the Abbey and local clergy/notaries.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 92–93 (Manuscript folio 109)

Date of the Entry 7 November 1457

Guthrie(s) Identified

• Magister David Guthre de Kyncaldrum (Master David Guthrie of Kincaldrum)
• Jacobus de Guthre (James of Guthrie), his brother

Other Primary Parties Identified

• Malcolmus, Abbot of Arbroath
• Willelmus de Vldeny de eodem (William of Udny)
• Witnesses present: Willelmus de Ochtirlovny, lord of Kelly; Walterus Stewart, lord of Munes; Patricius de Gardyn de eodem; Ricardus de Kyntor, burgess of Aberdeen; Thomas Brown; Thomas Romsoun; and many others
• Notary: David Rede

Original Document Language Latin

Purpose Notarial instrument recording William of Udny’s recognition, based on earlier perambulation documents, that certain disputed lands between Tarves and Udny belonged to Arbroath Abbey, followed by his perpetual renunciation and quitclaim of all claim in those lands to Abbot Malcolm and the convent.

Guthrie Role Master David Guthrie of Kincaldrum and his brother James of Guthrie were present as witnesses when William of Udny made the recognition and quitclaim in the chamber of the tolbooth of Aberdeen.

Modern English Translation Perambulation between the lands of Tarves and Udny.

109 In the name of God, amen. By this … be it known … that in the year from the Incarnation of the same one thousand four hundred and fifty-seven, on the seventh day of the month of November, in the sixth indiction, in the third year of the pontificate of … lord Calixtus … pope the third, in the presence of me … and of the witnesses underwritten … William of Udny of that ilk … recognized that he had truly understood by inspection … of certain letters … of divers … persons formerly upon an assize of perambulation before the justiciar of our lord the king in time by virtue of a brieve of perambulation proceeding upon the perambulation … of the marches between the lands of Udny then pertaining to his predecessor Patrick of Udny of that ilk … and the lands of Tarves then … to Walter … abbot … of Arbroath … that all the debatable lands between the said parties which by his predecessors and himself were claimed to belong to him as lands of Udny … belonged to the abbot and convent … by the decree … of the said assize according to the marches contained in their letters … and at present belong to them in full right and not to him as the other lands of Tarves are known to belong; wherefore … for the avoiding of the peril of his soul and of the souls of his predecessors and successors because of their demerits toward God, the abbots and convent of the said monastery in the debatable question of the foresaid lands unjustly perpetrated in times past … he has utterly renounced all claim … of the same for himself and his heirs forever … to Malcolm … abbot … and has quitclaimed … the said lands … Upon which … Malcolm the abbot … sought a public instrument to be made for himself and the convent by me the underwritten public notary. These things were done in the chamber of the tolbooth of the burgh of Aberdeen about the hour of midday … in the presence of … William of Ouchterlony, lord of Kelly; Walter Stewart, lord of Munes; Patrick of Gardyne of that ilk; Master David Guthrie of Kincaldrum; James of Guthrie his brother; Richard of Kintore, burgess of Aberdeen; Thomas Brown; and Thomas Romsoun; with many others … And I David Rede … notary was present at the premises … and took them into note and therefore the present … instrument written with my hand … I have signed with my sign and name … together with the appending of the seal of the foresaid William of Udny and his manual subscription … William of Udny with his own hand.

Historical or Genealogical Significance

• Explicitly identifies Master David Guthrie as “of Kincaldrum” in 1457.
• Confirms that James of Guthrie was his brother and present with him on the same occasion.
• Shows both men active in Aberdeen in the circle of the Abbot of Arbroath and local landowners.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 95–97 (Manuscript folio 112)

Date of the Entry 6 February 1457

Guthrie(s) Identified

• Magister David Guthre de Kincaldrum, vicecomes de Forfar (Master David Guthrie of Kincaldrum, Sheriff of Forfar)

Other Primary Parties Identified

• Robertus le Grame de Aldemuntros and Johannes Scrymgeour, constable of Dundee, knights (justiciars north of the Forth)
• Malcolmus, Abbot of Arbroath (party)
• Johannes, Abbot of Lindores; David Red, burgess of Edinburgh; Magister Alexander de Thorntoun and Thomas Dekysoun (commissaries of the Abbot)
• Laurencius de Balbyrny, provost of Forfar; Jacobus Rynde de Cas; Dominus Jacobus Dekysoun, chaplain (commissaries of the burgh of Forfar)
• Assize: Walterus Ogilvy de Bevfort, Willelmus de Ouchtirlovny de Kelly, Walterus Ogilvy de Innerquharady, David Demstar de Caraldstoun, David Rossy, Alexander Cravmund de Melgond, Jacobus Scrymgeour, Andreas Moncur, Michael Durem de le Grange de Monesfuth, Henricus Ramsay de Newtibir, Robertus Fowlartoun de Dunovn, Archibaldus Ramsay de Dunown, David Oliuer de Gagy, Johannes Malveyn de Difart, Johannes Carneg de eodem, and others

Original Document Language Latin

Purpose Record of a formal perambulation of the marches between the lands of Ouchterlony / Craquhy (belonging to Arbroath Abbey) and the Kingismure (belonging to the burgh of Forfar), carried out under a royal brieve of perambulation.

Guthrie Role Master David Guthrie of Kincaldrum, as Sheriff of Forfar, was ordered to proclaim the newly fixed marches so that no one should remove or destroy the boundary markers under penalty, and that both parties should firmly observe them thereafter.

Modern English Translation Perambulation made between the lands of Ouchterlony and Forfar.

112 To all … Robert le Graham of Aldmontrose and John Scrymgeour, constable of Dundee, knights, justiciars … of the king on the north side of the water of Forth in this part … specially constituted … greeting. Since it is pious and meritorious to bear faithful testimony to the truth … we have thought fit to certify to your university … that on Monday, namely the sixth day of the month of February in the year of Our Lord one thousand four hundred and fifty-seven, upon the lands of Ouchterlony and Craquhy belonging … to the abbot … of Arbroath and the muir which is commonly called the Kingismure belonging to the burgesses and community of the burgh of Forfar lying within the sheriffdom of Forfar, there appeared before us John … abbot … of Lindores, David Red, burgess of Edinburgh, Masters Alexander of Thornton and Thomas Dickinson, commissaries … of Malcolm … abbot … of Arbroath then present … on the one part, and Laurence of Balbirnie, provost of the burgh of Forfar, James Rynde of Cas, and lord James Dickinson, chaplain, commissaries of the foresaid burgh … on the other part. And the foresaid David the commissary in the name aforesaid first having read the power of our office aforesaid to us presented a brieve of perambulation of the chapel … of the king issued upon a perambulation to be made between … the marches of the lands of Ouchterlony and Craquhy … instantly requiring us that we would deign to make due execution of the said brieve on the said day … as in the last circuit of the justiciary … of the king held before … John, lord Lindsay of the Byres, justiciar … of the king on the north side of the water of Forth generally constituted at the burgh of Dundee by … the chancellor … of the king … it was ordained … We therefore … the foresaid brieve having been read by our command in the presence of the foresaid parties, no legitimate impediment intervening … have therefore taken care to proceed to the execution of the same. Wherefore an assize of barons and freeholders underwritten was elected for the said perambulation to be made by the tenor of the said brieve and was sworn, the reasons … of both parties … having been heard by our command, proceeded; whose names of the assize follow … [list of assize members] … Which assize … perambulated the foresaid … marches in this manner: Beginning namely towards the south at a great stone set for a boundary on the west side of the great ford commonly called the Cowfurde where the royal muir and the land … of the abbot … and the land of Lour meet together; and so ascending towards the north by divers marches set by the same assize on the west side of the cultivated land which is commonly called the Furdhil of Craquhy as far as a certain stone commonly called the Porkstane; and so ascending from the said stone also towards the north by other marches as far as the burn in the Gavirlydene; and so ascending towards the west and keeping the foresaid burn for a march until it comes to the West Burn commonly called Cardynis Well; and so ascending towards the north by other marches also set by the same assize until it comes only to the royal road which leads from Ouchterlony to Forfar. Which perambulation … having been made, we caused it to be proclaimed by our office through Master David Guthrie of Kincaldrum, sheriff of Forfar … that no one should remove or destroy the foresaid marches … under every penalty … and that the said parties should henceforth firmly observe them … In witness of which truth our seals together with the seals of certain of the foresaid barons and freeholders of the assize are appended to the presents for the clearer testimony …

Historical or Genealogical Significance

• Explicitly styles Master David Guthrie as Sheriff of Forfar (vicecomes de Forfar) in February 1457.
• Shows him exercising the ordinary duties of the shrievalty by proclaiming the results of a royal perambulation within his jurisdiction.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 114 (Manuscript folio 130)

Date of the Entry 18 July 1460

Guthrie(s) Identified

• Jacobus Guthre (James Guthrie)

Other Primary Parties Identified

• Malcolmus, Abbot of Arbroath (the party making the recognition; cross-referenced to instrument No. 106)
• Witnesses present: Gilbertus Stewart, Valterus Stewart, Thomas Browne, Patricius Hoy
• Notary: Alexander Thorntoun

Original Document Language Latin

Purpose Notarial instrument of recognition (cross-referenced to a fuller instrument numbered 106 in the register) executed at Bucht.

Guthrie Role James Guthrie was present as one of the named witnesses.

Modern English Translation Bucht. Instrument of recognition.

130 In the name of God, amen. By this … be it known that in the year of the Incarnation of the Lord 1460, on the eighteenth day of the month of July, in the eighth indiction, in the second year of the pontificate of … lord Pius … pope the second, in the presence of me … and of the witnesses underwritten, personally constituted … Malcolm … [etc. as above in No. 106] … These things were done at Bucht … in the presence of … Gilbert Stewart, Walter Stewart, James Guthrie, Thomas Browne, and Patrick Hoy …

And I Alexander Thornton … notary was present at the premises … etc. See the instrument.

Historical or Genealogical Significance

• Places James Guthrie as a witness at Bucht in July 1460 in the company of the Abbot of Arbroath and local men (Stewarts, Brown, Hoy).
• Short cross-reference entry; the fuller details of the recognition itself are in the preceding instrument No. 106.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 140–141 (Manuscript folio 159)

Date of the Entry 11 August 1464

Guthrie(s) Identified

• William of Guthre, alderman of the burgh of Forfar

Other Primary Parties Identified

• Laurence of Lowthian and William Richardsoun (bailies of Forfar)
• The whole community of the burgh of Forfar
• The Abbot and Convent of Arbroath (and their tenants of Ouchterlony and Craquhy)

Original Document Language Middle Scots

Purpose Formal recognition and ratification by the alderman, bailies and community of Forfar of the Abbot and Convent of Arbroath’s rights and freedoms in the King’s Muir (Kingismure), following earlier disputes over its occupation by the Abbey’s tenants; the burgh binds itself to defend the Abbey’s possession of the common.

Guthrie Role William of Guthrie appears as Alderman (chief magistrate) of Forfar and is the first-named party issuing the instrument on behalf of the burgh.

Modern English Translation 159 Be it made known to all … us William of Guthrie, alderman of the burgh of Forfar, Laurence of Lothian and William Richardson, bailies, and the whole community of the same, after divers vexations and troubles made by us to the abbot and convent of Arbroath and their tenants and inhabitants of Ouchterlony and Craquhy concerning the occupation of the King’s Muir by the said tenants as in common to them as in several pasture and other things belonging in common to them …

have seen and considered the said abbot’s and convent’s charters, evidents and infeftments of kings of the freedoms of the said lands with long possession and use having of such freedoms in the said King’s Muir to this day. We the said alderman, bailies and community, duly gathered in our tolbooth, repeatedly advised and carefully counselled with special licence of our sovereign lord the king under his wax in authentic writing, ratify … the … occupation of the said King’s Muir by the said tenants of Craquhy and Ouchterlony as lawful and rightful … Moreover if any man of our community or others would … disturb the said abbot and convent … in the enjoyment of the said common … we … oblige ourselves … to … defend the said abbot and convent … in the enjoyment of the said common … In witness of the which thing our common seal is hung to these presents … the eleventh day of the month of August … a thousand four hundred sixty and four years.

Historical or Genealogical Significance

• Identifies William of Guthrie as Alderman of Forfar in 1464.
• Shows him leading the burgh in formally resolving a long-standing dispute with Arbroath Abbey over common rights in the King’s Muir and binding the community to protect the Abbey’s possession.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 141–143 (Manuscript folio 160)

Date of the Entry 22 November 1464

Guthrie(s) Identified

• Magister Ricardus Guthre, sacre theologie professor (Master Richard Guthrie, professor of sacred theology)

Other Primary Parties Identified

• Willelmus Petinwyn, subprior of Arbroath (who delivered the schedule)
• Johannes Graham, prior of the Friars Preachers of St Andrews (co-commissary)
• King James III and James, Bishop of St Andrews (who issued the commission)
• Assize members: Johannes Ogistoun (apparent heir of the lord of Ogistoun), Patricius Gardyn, Thomas Ogistoun, Henricus Fethy de Ballifak, Johannes Strangis (king’s macer), Willelmus Scot, Walterus Leys, Johannes Fermour (burgesses of Arbroath), Alexander Peblis, Walterus Buchart, Johannes Durward, Thomas Ramsay, Johannes Huntar, Willelmus Stephani (parishioners of various parishes), Magister Johannes Clerk (rector of Logie), Magister Alexander Thorntoun (vicar of Nigg), Magister Johannes Fordys (vicar of Garvock), Dominus Johannes Harvar (vicar of Banchory-Ternan), Dominus Ricardus Bennat (vicar of Arbroath), Dominus Dauid Bullok (chaplain), Magister Thomas Dekysoun (bachelor in decrees)
• Notary: Alexander Thorntoun

Original Document Language Latin

Purpose Inquisition into the status, foundation, revenues and management of the almonry house (domus elimosinaria) and the Spitalfield of Arbroath Abbey, taken by royal and episcopal commissaries.

Guthrie Role Master Richard Guthrie, professor of sacred theology, served as one of the two commissaries (together with the Dominican prior of St Andrews) who summoned the assize, administered the oath, and conducted the inquisition on behalf of the King and the Bishop of St Andrews.

Modern English Translation Inquisition made concerning the almonry house.

160 In the name of the Lord, amen. By this … be it known that in the year of the Incarnation of the Lord one thousand four hundred and sixty-four, on the twenty-second day of the month of November, in the thirteenth indiction, in the first year of the pontificate of … Paul … pope the second … William Petinwyn, subprior … of Arbroath … delivered to me … a certain paper schedule … of which … the tenor … is as follows: Inquisition made at Arbroath in the year of Our Lord one thousand four hundred and sixty-four on the twenty-second day of the month of November … upon the almonry house and the Spitalfield by … Master Richard Guthrie, professor of sacred theology [and] … John Graham, prior of the Friars Preachers … of St Andrews, commissaries … of King James the third and … James … bishop of St Andrews … They caused the underwritten assize to be cited and sworn … Names of the assize: [full list] … There follow the articles: First article – whether the almonry house is of the foundation of the king, the bishop or another lord or of the abbot and convent. Item what is the nature of the foundation and by what king or lord and to what end the house was founded. Item whether they know of letters of foundation or have heard of them. Item whether they have seen any poor persons sustained in the foresaid house or have heard. Item whether there are any rents annexed to the foresaid house and how many and what they are. Item whether those rents have been removed, dismembered or alienated from the foresaid house. Item what is to be understood concerning the Spitalfield and the chapel of St John. Item of what quality is the master and in what manner the house is governed and furnished inwardly and outwardly. Item why the foresaid almonry house is situated outside the monastery with chapel, barn, garden, court and great house. Item what is to be understood concerning the popular rumour that the almonry house of Arbroath was founded in equal possessions with the bishopric of Brechin.

To the first article, namely concerning the foundation of the almonry house … they say that such a house exists but of the foundation they are completely ignorant. Item to the second … they say that they are ignorant of this; but they say that they have such a house as other monasteries have, in which house the weak and poor are sustained daily from the remains and fragments of the tables of the abbot and convent. Item concerning letters of foundation they know nothing. Item concerning the rents of the said house they know nothing except of one garden and one croft. Item concerning the Spitalfield they say that they do not know the said land to be distinct from the property of the monastery, but they say that the almoner monk receives yearly two merks from that land. Item the almoner is a monk of the said monastery removed and elected at the will of the abbot and convent. Item the said house is competently built and the chapel well furnished. Item why the said house and chapel are built outside the monastery they say that they do not know the cause except that it so pleased the builders. Item concerning the public rumour that the said house was equal in possessions to the bishopric of Brechin they say that they have never known this nor heard it from prudent or authentic persons. Item concerning all things they refer themselves to the letters of foundation of the said monastery. Upon which … brother William sought … an instrument to be made for himself by me … These things were done … in the hall of the abbot … in the presence of … Master Richard Guthrie, professor of sacred theology … John Graham, the foresaid prior … Master John Clerk, rector of Logie; Patrick Gardyn of that ilk; and Master Thomas Dickinson, bachelor in decrees … Alexander Thornton … notary …

Historical or Genealogical Significance

• Identifies Master Richard Guthrie as a professor of sacred theology acting as a royal and episcopal commissary in 1464.
• Demonstrates his standing as a trusted university-trained cleric employed on official inquiries into the internal affairs of Arbroath Abbey.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 159–160 (Manuscript folio 180)

Date of the Entry 1469 (indiction 2, 5th year of Pope Paul II; exact day not stated in the visible text)

Guthrie(s) Identified

• Johannes Guthyn (John Guthyn / Guthrie), notary

Other Primary Parties Identified

• Malcolmus, Abbot of Arbroath
• Johannes Ogistone, Sheriff of Aberdeen (presiding)
• Witnesses present: Ranaldo Chen, Johanne Pytmethane (lord of that ilk), Magister Alexandro Waus (prebendary of Dulmayok and official of Aberdeen), Alexandro Chaumer (provost of Aberdeen), Ricardo Kyntor, Alexandro Blyndsel, Dauid Symonis, Alexandro Howysoun (burgesses of Aberdeen), and many others
• Co-notary: Robertus Leis

Original Document Language Latin

Purpose Notarial transumpt (official authenticated copy) of earlier perambulation documents concerning the marches between the lands of Tarves and Udny, produced before the Sheriff of Aberdeen at the request of Abbot Malcolm so that the copies might have the same legal force as the originals.

Guthrie Role John Guthyn acted as one of the two notaries who authenticated the instrument.

Modern English Translation Perambulation between the lands of Tarves and Udny.

180 In the name of God, amen. By this … be it known … that in the year of the Incarnation of the Lord one thousand four hundred and sixty-nine, in the second indiction, in the fifth year of the pontificate of … Paul … pope the second, before … John Ogistone, sheriff of Aberdeen, sitting for judgment … Malcolm … abbot … of Arbroath … presented certain letters written on parchment: one namely of a certain land-perambulation sealed with seven seals of certain lords … hanging in white wax impressed with red, and another letter in the form of a public instrument subscribed by the notary … David Rede and sealed with the seal … of William of Udny hanging in white wax impressed with red … and delivered them to me the notary … to be copied … entreating the judge … that he would deign to discern a transumpt … for him in form of law. Which letters … by command … of the judge … I read … under this tenor: Controversy [etc. as above in No. 53] … There follows the tenor of the other letter … in this manner: In the name of God, amen [etc. as above in No. 109] … After the examination of which letters … the same sheriff and judge in this part interposed his authority and decreed that as full faith should be given to this present transumpt … as to its originals … in sign of which he caused his seal … to be affixed together with the appending of the seals of the officialate of Aberdeen and of the community of the burgh of Aberdeen by … father Malcolm the foresaid … procurators … Upon which … Malcolm the abbot … sought instruments. These things were done in the tolbooth of the foresaid burgh of Aberdeen in the court of the sheriff of the same about the tenth hour before midday … in the presence of … Ranald Chen; John Pitmedden, lord of that ilk; Master Alexander Waus, prebendary of Dulmaik in the cathedral church of Aberdeen and official of the same; Alexander Chalmer, provost of the burgh of Aberdeen; Richard Kintore; Alexander Blindsel; David Symon; and Alexander Howison, burgesses of the said burgh; with many others …

Robert Leis … notary … John Guthyn … notary …

Historical or Genealogical Significance

• Documents John Guthyn acting in a professional capacity as a notary public in Aberdeen in 1469.
• He authenticated a transumpt of the 1457 Tarves–Udny instrument in which Master David Guthrie of Kincaldrum and James Guthrie had earlier appeared as witnesses. No relationship between the notary and those individuals is stated in the text.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 174 (Manuscript folio 196)

Date of the Entry 13 May 1476

Guthrie(s) Identified

• Jacobus Guthre (James Guthrie)

Other Primary Parties Identified

• Dauid Herice de Dery, bailie depute of the regality of Arbroath
• Dompnus Johannes Tody, chaplain (son and heir of the late Simon Tody, burgess of Arbroath) – resigner
• Willelmus Broster – recipient of sasine
• Witnesses: Willelmus Baldowy de eodem, Alexander Baldowy (his son and apparent heir), Dompnus Johannes Harwar (vicar of Banchory, notary), and others

Original Document Language Latin

Purpose Sasine of a tenement lying near the monastery of Arbroath, between the lands of the Abbey fabric on the east and the common vennel leading to the water of Brothock on the west, given by the bailie depute of the regality after resignation by Dompnus John Tody in favour of William Broster.

Guthrie Role James Guthrie appears as one of the named witnesses to the resignation and giving of sasine.

Modern English Translation Charter of a tenement near the fabric in the Almonry.

196 To all … David Herice of Dery, bailie depute of the regality of the lordship of Arbroath, greeting … I make known to your universities that on the thirteenth day of the month of May in the year of Our Lord one thousand four hundred and seventy-six I went … to … a tenement lying near the monastery of Arbroath between the lands of the fabric of the said monastery on the east … and the common vennel leading to the water of Brothock on the west … and there on the same day appeared … Dompnus John Tody, chaplain, son and heir of the late Simon Tody, burgess of Arbroath, which Dompnus … resigned the said tenement … into my hands … by reason of a certain contract entered into [and] made between the same Dompnus John and a certain William Broster. Which resignation thus made … I … by … mandate … of the abbot … gave sasine and heritable state of the said tenement … to William Broster … saving the right of anyone and according to the tenor of the charter of the said John … In witness whereof my seal is appended to the presents … the witnesses being William Baldovy of that ilk, Alexander Baldovy his son and apparent heir, Dompnus John Harwar, vicar of Banchory, notary, James Guthrie, with divers others.

Historical or Genealogical Significance

• Places James Guthrie as a witness in Arbroath in May 1476 at a routine regality sasine of urban property near the Abbey.
• Continues the pattern of Guthries appearing in local legal transactions connected with the Abbey’s regality.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 181–182 (Manuscript folio 207)

Date of the Entry 30 March 1480 (penultimate day of March)

Guthrie(s) Identified

• Jacobus Guthre (James Guthrie), then bailie of the burgh of Arbroath

Other Primary Parties Identified

• Georgeus, Abbot of Arbroath
• Dauid Alansoun, burgess of Dundee (grantee)
• Duncanus Buchan (neighbouring landholder)
• Witnesses to the giving of sasine: Dominus Dauid Bois (subprior of the monastery), Thomas Herchas, Robertus Cuby (monks), Alexander Symsoun, Georgeus Bois, Johannes Hethyn, Johannes Kawell, Johannes Quhyt, Johannes Smert, Andreas Knycht, Willelmus Scot (serjeant of the burgh of Arbroath), and many others

Original Document Language Latin

Purpose Feu-charter of a house belonging to the Abbey lying in the burgh of Arbroath in the street called Cobgat (Cobgate), on the west side, between the lands of Duncan Buchan on the north and south, granted to David Alansoun, burgess of Dundee, for an annual rent of 13s. 4d. plus the burgh ferm.

Guthrie Role James Guthrie, acting in his capacity as bailie of the burgh of Arbroath, gave sasine (real possession) of the house to David Alansoun on the instructions of the Abbot and Convent.

Modern English Translation Charter of a tenement and house in the Cobgate of Arbroath.

207 To all … George … abbot … of Arbroath, greeting … Know that we … have set in feu … to David Alansoun, burgess of Dundee … one house … belonging to us lying in the burgh of Arbroath in the street which is called Cobgat on the west side of the same between the land of Duncan Buchan on the north side of the same … and the land of the said Duncan on the south side of the same … To be held … in fee and heritage forever … Rendering … thirteen shillings and four pence of annual rent of the usual money of the kingdom of Scotland and the ferm of the burgh due therefrom … at the two customary terms of the year … where it was formerly paid, except ten shillings for the ferm of the said house … for all other burden … At our monastery … on the penultimate day of the month of March in the year of Our Lord 1480. Moreover for the greater … security … of the charter … the abbot and convent caused the foresaid David … to be vested … in … possession of the foresaid house … by James Guthrie, then bailie of the said burgh, before these witnesses, namely: lord David Bois, subprior of the said monastery; Thomas Herchas; Robert Cuby, monks of the monastery; Alexander Symson; George Bois; John Hethyn; John Kawell; John White; John Smart; Andrew Knight; and William Scot, serjeant of the burgh of Arbroath; with many others …

Historical or Genealogical Significance

• Explicitly identifies James Guthrie as bailie of the burgh of Arbroath in March 1480.
• Shows him performing the official act of giving sasine on behalf of the Abbey within the burgh.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 182 (Manuscript folio 208)

Date of the Entry 21 May 1481

Guthrie(s) Identified

• Alexander Guthery de eodem (Alexander Guthrie of that ilk)

Other Primary Parties Identified

• Georgeus, Abbot of Arbroath
• Alexander Irvyn de Drum (the vassal doing homage for Forglen)
• Witnesses: Johannes Ogilwy, Jacobo Lesly, Johanne Fothringham, Alexander Simonis (notary public), and divers others
• Notaries: Robertus Leis, Thomas Strauthauchin

Original Document Language Latin

Purpose Instrument recording that Alexander Irvine of Drum, after inspection of the earlier charters of the lands of Forglen, was received by Abbot George as tenant of those lands, did homage on bended knee, and was bound (together with the other tenants of the regality) to ride to the king’s army under the Brecbennach (the Abbey’s banner).

Guthrie Role Alexander Guthrie of that ilk was present as one of the named witnesses when Irvine of Drum performed homage for Forglen.

Modern English Translation Confirmation of the lands of Forglen.

208 In the name of God, amen. By this … be it known … that in the year from the Incarnation of the Lord 1481, on the 21st day of the month of May, in the 14th indiction, in the 10th year of the pontificate of … Sixtus … pope the fourth, before … George … abbot … of Arbroath … there appeared the noble man Alexander Irvine of Drum, the charters … and muniments of the … lands of Forglen made to the predecessors of the said Alexander having been seen, read and fully understood … for which lands of Forglen … the abbot, the superior lord of the said lands, the right of the same Alexander in and to the said lands … having been considered … after mature consultation with men skilled in the law … received the same Alexander as his tenant of the lands … of Forglen … according to the tenor … of the charters … for which lands also the said Alexander Irvine did homage on bended knees with corporal oath prest to the said abbot with joined hands as the custom is … Moreover … the abbot … appointed that the tenants of the regality … of Arbroath … with the said Alexander shall go and ride to the army … of the king under the Brecbennach, namely under the banner … of the abbot … whenever they shall be required … for the defence of the king and the kingdom … These things were done at Torre in the chapel of the same about the second hour or thereabouts after midday … In the presence of … Alexander Guthrie of that ilk; John Ogilvy; James Leslie; John Fothringham; and Alexander Simon, notary public; with divers others …

Robert Leis … notary … Thomas Strachan … notary …

Historical or Genealogical Significance

• Explicitly styles Alexander Guthrie as “of that ilk” in May 1481.
• Places him as a witness of standing at the formal reception of Irvine of Drum as tenant of the important lands of Forglen (linked to the Brecbennach).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 186–187 (Manuscript folio 212)

Date of the Entry 18 September 1482

Guthrie(s) Identified

• Alexander Guthery de eodem (Alexander Guthrie of that ilk)

Other Primary Parties Identified

• Willelmus, Abbot of Arbroath
• Dominus Thomas Harkas (subprior), Robertus Cuby (sacristan), Johannes Driburgh (cellarer), Robertus Gray (monks)
• Alexander Simsoun (procurator for the abbot and convent)
• Magister Patricius Mackullouch, vicar of Arbroath (the other party)
• Witnesses: Magister Johannes Listoun (provost of the college of St Salvator in St Andrews), Magister Thomas Dikyson
• Notary: Robertus Lorymar

Original Document Language Latin

Purpose Notarial instrument recording an agreement whereby Master Patrick McCulloch, while he remains pensionary vicar of Arbroath, is to receive yearly from the Abbot and Convent five merks for his counsel and assistance, together with provisions for board when on Abbey business and expenses when travelling.

Guthrie Role Alexander Guthrie of that ilk was present as one of the named witnesses when the agreement was concluded in St Andrews.

Modern English Translation Instrument of the fee of Master Patrick McCulloch.

212 In the name of God, amen. By this … be it known … that in the year from the divine nativity 1482, on the 18th day of the month of September, in the 15th indiction, in the 12th year of the pontificate of … Sixtus … pope the fourth … William … abbot of Arbroath … and lords Thomas Harkas, subprior; Robert Cuby, sacristan; John Dryburgh, cellarer; Robert Gray, monks … and Alexander Simpson in the name of procurator of the abbot and convent of the same on the one part, and Master Patrick McCulloch, vicar of Arbroath, on the other part … have agreed in the manner and form following, namely: That … Master Patrick shall have yearly from the said abbot and convent, for as long as he shall be pensionary vicar of the said church, for his counsels and assistances given and to be given to the said place, five merks of the usual money of the kingdom of Scotland; and in case the said Master Patrick shall make his residence elsewhere than at the said vicarage he shall nevertheless have the foresaid five merks yearly from the goods of the favourers and for his counsels to be expended; and when he shall be on the business of the place in the place he shall have food and drink; and when he shall be burdened outside the place he shall have fitting expenses. And both of the said parties have promised … to observe the premises … saving nevertheless the right of the predecessors and successors of the said vicar in the event of non-observance of the premises as is premised, to be pursued in place and time opportune … These things were done in the chamber … of Master David Monypenny, canon of Moray, at St Andrews about the third hour after midday or thereabouts … in the presence of … Master John Liston, provost of the college of St Salvator within the city of St Andrews; Alexander Guthrie of that ilk; and Master Thomas Dickinson …

Robert Lorimer … notary …

Historical or Genealogical Significance

• Again styles Alexander Guthrie as “of that ilk” in September 1482.
• Places him as a witness in St Andrews at an internal financial agreement of Arbroath Abbey.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 195–197 (Manuscript folio 223)

Date of the Entry 20 October 1483

Guthrie(s) Identified

• Jacobus Guthre (James Guthrie) – juror
• Domina de Guthre (the lady of Guthrie) – neighbouring landholder

Other Primary Parties Identified

• Nycholayus Hornar, bailie of Arbroath (presiding)
• Katerina, widow of the late Walter Gardin and mother of Helen Gardyn (the deceased whose lands are being retourd)
• Helena Gardyn (the heir)
• Jurors: Thomas Smart, Thomas Hornar, Thomas Tiry, Johannes Ferrour, Dauid Clark, Karolus Brown, Johannes Cumyn, Johannes Grant, Robertus Scot, Duncanus Buchan, Alexander Nycholsoun, Patricius Panitar, Willelmus Dauisoun, Alexander Mar, and others

Original Document Language Latin

Purpose Inquisition (retour) taken in the burgh of Arbroath to establish that Helen Gardyn is the lawful and nearest heir of her late mother Katherine (widow of Walter Gardyn) in the third part of certain tenements and annual rents within the burgh, and to record the extent, value and tenure of those subjects.

Guthrie Role

• James Guthrie served as one of the sworn jurors on the inquest.
• The “lady of Guthrie” is named as the owner of the land lying immediately to the east of one of the pieces of land under inquisition (in the Aldmarcatgate).

Modern English Translation Letter of the inquisition of divers lands within the burgh of Arbroath.

223 This inquisition made at Arbroath on the twentieth day of the month of October in the year of Our Lord one thousand four hundred and eighty-three before Nicholas Horner, bailie … of Arbroath, by … James Guthrie, Thomas Smart, Thomas Horner, Thomas Tiry, John Ferrour, David Clark, Charles Brown, John Cumming, John Grant, Robert Scot, Duncan Buchan, Alexander Nicholson, Patrick Paniter, William Davidson, and Alexander Mar. Who being sworn say that Katherine, wife of the late Walter Gardyn and mother of Helen Gardyn, the bearer of these presents, died last vest and seized … of one piece of land lying in the foresaid burgh in [the street] which is called Mylgate on the north side of the same street between the land of Andrew Scot on the west … and the land of Laurence Segait on the east … Item of one piece of land lying in the said burgh in the said street and on the same side between the land of Laurence Segait on either side. Item of one piece of land lying in the Aldmarcatgate on the south side of the same between the land of William Davidson on the west … and the land of the lady of Guthrie on the east … [further pieces of land and annual rents are listed] … And that the said Helen Gardyn is the lawful and nearer heir of the said late Katherine Conane her mother in the third part of the foresaid lands and annual rents above written … And that … she is of lawful age. And that the said third part of the foresaid lands is now worth one merk and was worth only so much in time of peace; the value of the annual rent by itself appears. And that the said lands and annual rents are held of … the abbot … in chief by burgage service. And that the said third part of the lands … together with the third part … of the foresaid rents has been in the hands … of the abbot by reason of non-entry of the heirs until the present day since the death of Walter Gardyn, spouse of the foresaid Katherine Conane, who Walter was the possessor … of the lands and … rents by the right of the matrimonial contract entered into between the said Walter and Katherine … Given under the seal of the foresaid bailie together with the seals of Thomas Smart, Charles Brown, and Robert Scot who were present at the said inquisition.

Historical or Genealogical Significance

• Places James Guthrie as a juror in a burgh inquest at Arbroath in October 1483.
• Records the existence of a “lady of Guthrie” (domina de Guthre) holding property in the Aldmarcatgate of Arbroath at the same date, indicating a female Guthrie landholder within the burgh.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 286–287 (Manuscript folio 349)

Date of the Entry 23 July 1494

Guthrie(s) Identified

• Willelmus Guthre de Kynblaithmont (William Guthrie of Kinblethmont)

Other Primary Parties Identified

• Johannes Ogilwy, baron of Fyngask, bailie of the regality of Arbroath (presiding)
• Alexander Irwyn de Drwm (the heir / claimant)
• The late Alexander Irwyn de Drwm (his father, the last vest and seized)
• Jurors: Thomas, lord Innermeith; Thomas Ogilwy, knight; Jacobus Giffert; Dauid Rossy (son and apparent heir of David Rossy of that ilk); Oliverus Ogilwy; Alexander Baldewy de eodem; Dauid Barklay; Duncanus Lychtone; Jacobus Ramsay de Balnele; Dauid Fethy; Dauid Dowglace; Jacobus Dowglace; Johannes Brovn; Johannes Vatsone

Original Document Language Latin

Purpose Inquisition (retour) taken at Arbroath to establish that Alexander Irvine of Drum is the lawful heir of his late father in the lands of Forglen (with the right of patronage of the church) held of the Abbot of Arbroath within the regality, and to record the extent, value, tenure and the period of non-entry.

Guthrie Role William Guthrie of Kinblethmont served as one of the sworn jurors on the inquest.

Modern English Translation Inquisition of Alexander Irvine concerning the lands of Forglen.

349 This inquisition made at the burgh of Arbroath in the lodging … of James, lord Ogilvy of Airlie, before … John Ogilvy, baron of Fyngask, bailie of the regality of Arbroath, on the twenty-third day of the month of July in the year of Our Lord one thousand four hundred and ninety-four, by … Thomas, lord Innermeath; Thomas Ogilvy, knight; James Gifford; David Rossy, son and apparent heir of David Rossy of that ilk; Oliver Ogilvy; Alexander Baldovy of that ilk; William Guthrie of Kinblethmont; David Barclay; Duncan Lichtoun; James Ramsay of Balneaves; David Fethy; David Douglas; James Douglas; John Brown; and John Watson. Who being sworn say that the late Alexander Irvine of Drum, father of Alexander Irvine the bearer of these presents, died … seized … of the lands of Forglen … in the regality of Arbroath within the sheriffdom of Banff, together with the advowson of the right of patronage of the church of Forglen … and that … Alexander is the lawful … heir of the same late Alexander … and that he is of lawful age; and that the said lands are now worth yearly twenty pounds and in time of peace twenty merks; and that the said lands with the right of patronage … are held of … the abbot … of Arbroath in chief. Rendering … forty shillings … of the money … of Scotland at the feasts of Pentecost and St Martin … and doing in the army … of the king the service of the Brecbennach … only … saving … to the abbot … wards, reliefs, homages and other services … due … and that the said lands with the right of patronage … have been in the hands … of the abbot … for the space of eight months or thereabouts by the death of the said late Alexander Irvine by reason of non-entry of the true heir not pursuing his right. In faith of which … the seals of certain who were present at the said inquisition together with the seal of the said John Ogilvy the bailie … are appended.

Historical or Genealogical Significance

• Identifies William Guthrie as “of Kinblethmont” in July 1494.
• Places him among the local landed men serving on a formal inquest within the regality of Arbroath concerning the important holding of Forglen.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 289–292 (Manuscript folio 354)

Date of the Entry 28 November 1495 (preceding related courts: 3 October and 31 October 1495)

Guthrie(s) Identified

• Schir Alexander Guthre of that ilk, knycht (Sir Alexander Guthrie of that ilk, knight)

Other Primary Parties Identified

• Andrew, Lord Gray, Sheriff of Forfar (presiding)
• The Abbot and Convent of Arbroath
• Symon Banerman of Elsyk (and his associates)
• Assize on 28 November 1495: James Scrimgeour, constable of Dundee; John Ogilwy of Fingask; John Ogilwy of Innerquharity; James Ouchtirlowny of that ilk; Nichol of Fothringhame of Powry; Thomas Mawl of Panmure; Alexander Annand of Melgound; Walter Lychtone of Vlishawyn; Alexander Baldowy of that ilk; Master John Scrimgeour; Wilyam Lyddale of Panlathe; Huchone Achlek of that ilk; Robert Strathachin of Balhussy; Wat of Ogilwy; Wilyame Maxwale of Tellin; Thomas Blair of Bathiok; Henry Lwale of Ballumby; James Heryng of Cluny

Original Document Language Middle Scots (with Latin headings and authentication)

Purpose Extracts from the sheriff court books of Forfar recording the progress and final determination of a dispute over the south side of Balnamonismyre (claimed by the Abbot and Convent of Arbroath and occupied by Symon Banerman of Elsyk and others). The court ultimately delivered possession to the Abbot and Convent.

Guthrie Role Sir Alexander Guthrie of that ilk, knight, served as one of the sworn assize (jury) members in the sheriff court held at Dundee on 28 November 1495 that decided the cause.

Modern English Translation (Summary of the relevant section)

Sheriff court of Forfar held in the tolbooth of the burgh of Dundee by the noble and potent lord Andrew, Lord Gray, sheriff of Forfar, on the 28th day of the month of November in the year of Our Lord 1495 …

Assize sworn for inquests and other acts: James Scrimgeour, constable of Dundee; Sir Alexander Guthrie of that ilk, knight; John Ogilvy of Fingask; John Ogilvy of Inverquharity; James Ouchterlony of that ilk; … [full list] …

In which court the abbot and a part of the convent of Arbroath appeared and asked deliverance of the matter of Balnamonismyre continued to this court … And then the sheriff caused the said Symon Banerman to be called to show his evidents and rights … And the said Symon, often called, did not appear to show any evidents. The sheriff, with the advice of the barons aforesaid, delivered the said abbot and convent and their tenants and servants to enjoy and brook their possession of the south side of Balnamonismyre according to the tenor and form of their infeftments and evidents made to them thereupon, for aught that has yet been shown to the contrary. And the copy of the process is discerned to both the parties as accords.

Historical or Genealogical Significance

• Explicitly styles Alexander Guthrie as “of that ilk” and “knight” (Schir … knycht) in November 1495.
• Places him among the leading barons of Angus serving on a sheriff-court assize that upheld Arbroath Abbey’s rights in a local land dispute.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 295 (Manuscript folio 360)

Date of the Entry 4 June 1496

Guthrie(s) Identified

• Robertus Guthre (Robert Guthrie)

Other Primary Parties Identified

• Dauid, Abbot of Arbroath

Original Document Language Latin

Purpose Nineteen-year tack (lease) of the Abbey’s lands and garbal teinds of Innerlownane (Innerlounan) granted by Abbot David to Robert Guthrie and his assignees (provided the assignees are not of greater power than himself and are admitted by the Abbot).

Guthrie Role Robert Guthrie is the principal tenant / lessee of the lands and teinds of Innerlounan for a term of nineteen years.

Modern English Translation Innerlounan is set in tack to Robert Guthrie.

360 … Be it known … that we David … abbot … of Arbroath … have set in tack … to Robert Guthrie and his assignees … provided they are admitted by us … and that they are not of greater power than himself … our lands and garbal teinds of Innerlounan … for terms of nineteen years … Paying … for the ferm and teind … five celdras of clean pure dry and good barley and sufficient meal of the measure of the current market at the customary terms of payment … the term of entry … beginning on the day immediately following the date of these presents … And because we intend to burden the said Robert and his assignees to ride with us honestly as is fitting, receiving the plough from the court the same … and his assignees … we relax from all burdens of the husbandmen; except that they shall lead … tiles to the monastery … when they are to be led from the quarry; excepting also the jurisdiction of our regality. In all our courts, complaints and pleas to be held there they shall appear and do common suit in the due and accustomed form. And if … they are badly paying … or … injurious … it shall be lawful for us … to dispose of … the lands and teinds at … pleasure … Nor shall it be lawful for the said … to set the foresaid … lands and teinds to anyone … without our licence … except to cottars … At Arbroath on the fourth day of the month of June in the year of Our Lord 1496.

Historical or Genealogical Significance

• Documents Robert Guthrie as a substantial tenant of Arbroath Abbey in 1496, holding the lands and garbal teinds of Innerlounan on a nineteen-year tack.
• Continues the earlier association of the Guthrie name with the lands of Innerlounan (previously leased to William of Guthrie in 1418).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 298–299 (Manuscript folio 366)

Date of the Entry 12 December 1496

Guthrie(s) Identified

• Dauid Guthre, vtriusque iuris doctor (David Guthrie, doctor of both laws)
• (also referenced in the list of provosts as “de Guthre”)

Other Primary Parties Identified

• Dauid, Abbot of Arbroath
• Appointed procurators include: Johannes Lystone (professor of sacred theology), Jacobus Allyrdes, Hugo Spens (professor of theology and doctor of decrees), the provosts of St Salvator’s, of Guthrie, and of the Chapel Royal near St Andrews, Gasper Cranstoune, Alexander Symsone (rectors of Fetteresso and Mortlach), Johannes Andree, Patricius Panter, Alexander Gardyn, Henricus Quhit, Robertus Coci, Alexander Carale, Johannes Fethy, Johannes Dunbrek, Johannes Ogilwy de Fyngask, Jacobus Gyffart de Schireffhal, Magistri Jacobus Henrisone and Georgius Sterlyng, and others
• Master William Wawane, official of St Andrews in the parts of Lothian (the subdelegate before whom they are to appear)

Original Document Language Latin

Purpose Procuratory by which Abbot David of Arbroath constitutes a large panel of clerics and others as his procurators to appear before the official of St Andrews (sitting as papal subdelegate) in a cause concerning certain sums of money obtained by Thomas Tod under a pretended apostolic commission, with power to protest, except, and do all other things pertaining to the office of procurator.

Guthrie Role David Guthrie, doctor of both laws, is named among the principal procurators appointed by the Abbot. The list also includes the provost of Guthrie among the dignitaries empowered to act.

Modern English Translation Procuratory before the subdelegate.

366 … Be it known … that we David, abbot … of Arbroath … have constituted … John Liston, professor of sacred theology; David Guthrie, doctor of both laws; James Allardyce; Hugh Spens, professor of theology and doctor of decrees; the provosts of St Salvator’s, of Guthrie, and of the Chapel Royal near the shore of St Andrews; and a canon of St Salvator’s; Masters Gasper Cranston, Alexander Simpson, rectors of Fetteresso and Mortlach; John Andrew; Patrick Panter; Alexander Gardyne; Henry White; Robert Cook, our confriars; Alexander Carale; John Fethy; John Dunbrek; John Ogilvy of Fingask; James Gifford of Sheriffhall; Masters James Henderson and George Stirling; our … procurators … to appear before … Master William Wawane, licentiate in decrees, official of St Andrews in the parts of Lothian … subdelegate … of William, archbishop of St Andrews, delegate … of lord Alexander, pope the sixth, upon a certain pretended commission of certain sums of money obtained by a certain Thomas Tod, with the first protestation of not admitting the pretended lord official, the pretended apostolic rescript or his asserted subdelegation, citation, place or assessors except in so far as the laws allow, on the 18th day of the month of December in the church of St Giles of Edinburgh in the consistorial place of the same or on any other days and places there, to except against the abovesaid commission, place, lord official, subdelegation, scribe and assessors … and also to do all other things … which are known to pertain to the office of a procurator … Given under the seal of our office on the 12th of December in the year 1496.

Historical or Genealogical Significance

• Identifies David Guthrie as a doctor of both laws (utriusque iuris doctor) in December 1496.
• Associates him with the provostry of Guthrie and places him among the senior clerical and legal figures trusted by the Abbot of Arbroath to act in a high-level ecclesiastical cause before a papal subdelegate in Edinburgh.

Legal Terms and Scottish Practices

• Utriusque iuris doctor – Doctor of both laws; the highest university degree in Civil (Roman) Law and Canon (Church) Law. The qualification was especially valued for work in ecclesiastical courts and high-level church administration.
• Procuratorium – A formal written appointment of one or more persons to act as legal representatives (procurators) in a specific cause.
• Subdelegatus – A judge to whom a papal or archiepiscopal delegate has further delegated authority to hear a particular case.
• Officialis – The principal judicial officer of a bishop or archbishop, here the Official of St Andrews acting in the Lothian jurisdiction.
• Consistorial place – The formal court room or meeting place of the ecclesiastical consistory (here in St Giles’, Edinburgh).
• Protestatio de non admittendo – A formal protest entered at the outset of proceedings refusing to recognise the jurisdiction of the judge or the validity of the commission under which he claims to act.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 302–303 (Manuscript folio 371)

Date of the Entry 8 March 1496

Guthrie(s) Identified

• Magister Malcolmus Guthre (Master Malcolm Guthrie) – previous tenant whose tack is expiring
• Guthyn (the lands of Guthrie) – the subject of the new tack

Other Primary Parties Identified

• Dauid, Abbot of Arbroath
• Dominus Thomas Ogilwy, miles (Sir Thomas Ogilvy, knight) – new tenant

Original Document Language Latin

Purpose Nineteen-year tack of the Abbey’s lands of Guthyn (Guthrie) and Vestirbrex, together with the garbal teinds, granted to Sir Thomas Ogilvy, knight, and his assignees and subtenants (provided they are not of higher status than himself and are admitted by the Abbot and Convent). The new term begins immediately after the expiry of the previous tack held by Master Malcolm Guthrie.

Guthrie Role Master Malcolm Guthrie is named as the previous tenant whose nineteen-year (or other) term is ending; the lands themselves are those of Guthyn (Guthrie).

Modern English Translation Guthyn is set in tack to lord Thomas Ogilvy.

371 We David, abbot … of Arbroath … set in tack … to lord Thomas Ogilvy, knight, and his assignees and subtenants … so that they are not of higher status than himself … and that the assignees are admitted by … the abbot and convent … our lands of Guthyn and Vestirbrex … together with the garbal teinds … in our regality of Arbroath and within the sheriffdom of Forfar for terms of nineteen years … the term of entry … [beginning] on the feast of Pentecost immediately following the expiry of the terms of the tack of Master Malcolm Guthrie … Paying … twenty bolls of clean and good barley and forty bolls of meal with the measure of the current market at the … customary terms of payment, and three pounds six shillings and eight pence … of the money … of Scotland at … the feasts of Pentecost and St Martin … And because … we wish lord Thomas and his assignees and subtenants … to ride with us in our court when they shall be burdened, receiving the plough from the foresaid court … we relax his assignees and subtenants from the burdens of the husbandmen, saving nevertheless that they shall lead … ten cartloads of peats and as many cartloads of hay and tiles as the other … husbandmen when they shall be burdened by us or our officers. And further if … they are badly paying … or … injurious … it shall be lawful for us … to dispose of … the lands and teinds … at … pleasure … At … the monastery on the eighth day of the month of March in the year of Our Lord 1496.

Historical or Genealogical Significance

• Records that Master Malcolm Guthrie had held a tack of the lands of Guthyn (Guthrie) itself, which was due to expire at Pentecost 1496.
• Shows the place-name Guthyn still in active use as an Abbey estate in the late fifteenth century and being re-granted to a local knight (Ogilvy).

Legal Terms and Scottish Practices

• Assedatio / Tack – A lease of lands (often for a fixed number of years) granted by a superior, here the Abbot.
• Garbales decimae – Garbal teinds; the tithe of the corn (sheaves) payable from the lands.
• Terminus introitus – The date on which the new tenant’s right of entry begins.
• Assignati et subtenentes – Assignees and subtenants; persons to whom the principal tenant may transfer or under-let, subject to the superior’s approval and status restrictions.
• Onera husbandorum – The customary labour services and burdens owed by ordinary husbandmen (farm tenants).
• Le buche / le plough – The obligation to supply or work a plough team when required by the superior’s court.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 317 (Manuscript folio 391)

Date of the Entry 6 May 1498

Guthrie(s) Identified

• Jacobus Guthre senior (James Guthrie the elder)
• Jacobus Guthre filius (James Guthrie, his son)
• Katrina Lyn (Katherine Lyn), wife of James Guthrie the elder

Other Primary Parties Identified

• Dauid, Abbot of Arbroath

Original Document Language Latin

Purpose Life-tack of one-half of the Abbey’s town of Seytone (Seaton), lying in the lordship of Arbroath, granted to James Guthrie the elder for the term of his life; after his death the same half is to be held by his wife Katherine Lyn and their son James Guthrie for a further term of thirteen years.

Guthrie Role James Guthrie the elder is the principal life-tenant. His wife Katherine Lyn and their son James are the successive holders for the thirteen-year term after his death.

Modern English Translation Setting in tack of the half part of Seaton for James Guthrie.

391 … Be it known … that we David … abbot … of Arbroath … have set in tack … to James Guthrie the elder … the half part of our town of Seaton … lying in the lordship of Arbroath for the whole term of his life; and the same James being removed from the midst, to Katherine Lyn his present wife and to James Guthrie his son … for terms of thirteen years after the death of the said James the elder … the term of entry … of James the elder … beginning on the feast of Pentecost immediately following the date of these presents; and the term of entry … of Katherine and James the son … beginning on the day of the death … of James the elder … Paying … James the elder … six pounds thirteen shillings and four pence … of the money … of Scotland at the two terms of the year … with six cartloads of peats and as many cartloads of hay, and also for leading tiles with our other husbandmen whenever he shall be called; and sustaining yearly one boat well prepared for fishing with all … necessaries … near the Maiden Castle or elsewhere where it shall please us … And the same James being taken from this light, the said Katherine and James his son … shall pay … six pounds thirteen shillings and four pence … of the money … of Scotland at the prescribed terms, with twelve capons and another twelve adult chickens, rynmart and wether, and all other burdens of the husbandmen … and also sustaining yearly one boat well prepared for fishing with men and other necessaries … near the Maiden Castle or where it shall please us … And if the said … fail in the payment of the ferm … and burdens … or in the maintenance of the boat … or are injurious to us … it shall be lawful for us … to dispose of … the half part of the town … at … pleasure … And if the said Katherine does not remain in her widowhood after the death … of her present husband, the present tack shall be of no strength as regards her … At the monastery … on the sixth day of the month of May in the year of Our Lord one thousand four hundred and ninety-eight.

Historical or Genealogical Significance

• Provides a clear three-generation family grouping: James Guthrie the elder, his wife Katherine Lyn, and their son James Guthrie.
• Shows James the elder holding a life-tack of half of Seaton from Arbroath Abbey in 1498, with succession secured for his widow and son for a further thirteen years.
• Confirms the family’s ongoing status as substantial Abbey tenants in the lordship of Arbroath.

Legal Terms and Scottish Practices

• Assedacio / Tack – A lease of land for a fixed term or for life.
• Dimidia pars ville – One-half of the township or ferm-toun.
• Pro toto tempore vite sue – For the whole term of his life (a life-rent tack).
• Terminus introitus – The date on which the tenant’s right of possession begins.
• Onera husbandorum – The customary labour and produce burdens owed by ordinary farm tenants (carting peats, hay, tiles, etc.).
• Cymba pro piscacione – A boat maintained for fishing, here required to be kept ready near Maiden Castle (a coastal obligation).
• Si non manserit in sua viduitate – If the widow does not remain unmarried; a common clause limiting the widow’s right to the tack if she remarries.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 335–336 (Manuscript folio 417)

Date of the Entry 29 April 1501 (for the Abernethy tack); the Guthrie heading appears immediately after

Guthrie(s) Identified

• Jacobus Guthre (James Guthrie)

Other Primary Parties Identified

• Dauid, Abbot of Arbroath
• Robertus Arnot and Petrus Carmychel (tenants of the Abernethy teinds)

Original Document Language Latin

Purpose The principal document is a thirteen-year tack of the garbal teinds of the parish church of Abernethy (Dunblane diocese), with the chapel of Dron and the land called le Ballauch, granted to Robert Arnot and Peter Carmichael.

Immediately following is a short heading recording that Milhil (a property anciently assigned to the office of the cellarer) is set in tack to James Guthrie.

Guthrie Role James Guthrie is the tenant of Milhil under a tack from the Abbot.

Modern English Translation (Abernethy tack summarised; Guthrie heading translated)

Abernethy [church] is set in tack to Robert Arnot and Peter Carmichael.

417 To all the sons of the church … David … abbot … of Arbroath … greeting … Know that we … have set in tack … to our familiars Robert Arnot and Peter Carmichael … and their assignees provided they are admitted by us and are not of higher … status than themselves … the garbal teinds of our parish church of Abernethy in the diocese of Dunblane, with the chapel of Dron and that piece of land … commonly called le Ballauch … for terms of thirteen years … the term of entry … beginning on the feast of the Chains of St Peter immediately following the date of these presents. Paying … to the subprior, the chamberlain and the master of the fabric … for the maintenance of the fabric of our place … the sum of three hundred and sixty merks … of the money … of Scotland within the monastery … at … the feasts … of Easter and the Chains of St Peter … or … within thirty days … And if the said … fail in payment … at the term and day and place … it shall be lawful for us … to dispose of … the church, teinds, chapel and lands … at … pleasure … Of which sum … we grant … to the foresaid … yearly for their services … multiply expended … twenty merks. Moreover … they shall find … all necessaries belonging to the choirs of the said church and chapel by reason of the rectory, new buildings, roofs, chalices and books only excepted. And if the church, chapel or teinds … are sequestrated through their default they shall answer for the relaxation of the sequestration of the same … At … the monastery on the penultimate day of the month of April in the year of Our Lord one thousand five hundred and one.

Milhil, which is assigned from the ancient office of the cellarer, is set in tack to James Guthrie.

Historical or Genealogical Significance

• Records James Guthrie as the tenant of Milhil, a property previously attached to the ancient office of the cellarer of Arbroath Abbey.
• Continues the pattern of Guthries holding Abbey lands and offices-related properties in the early sixteenth century.

Legal Terms and Scottish Practices

• Assedacio – Tack / lease.
• Decimae garbales – Garbal (corn) teinds.
• Officium cellerarie – The office of the cellarer (one of the senior monastic officials responsible for provisions).
• Assignatur ab antiquo – Anciently assigned / appropriated to.
• Familiaries – Members of the Abbot’s household or close associates.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 336 (Manuscript folio 418)

Date of the Entry 21 June 1501

Guthrie(s) Identified

• Jacobus Guthre, burgensis de Abirbrothoc (James Guthrie, burgess of Arbroath)
• Joneta Paniter (Janet Panter), his spouse

Other Primary Parties Identified

• Dauid, Abbot of Arbroath

Original Document Language Latin

Purpose Nineteen-year tack of the Abbey’s lands of ly Mylhill (Milhil / Myhill), which James Guthrie already occupies, granted jointly to James Guthrie, burgess of Arbroath, and his wife Janet Panter, and their assignee (provided the assignee is not of higher status).

Guthrie Role James Guthrie (with his wife Janet Panter) is the tenant of the lands of Mylhill under a formal nineteen-year tack.

Modern English Translation 418 … Be it known … that we David … abbot … of Arbroath … have set in tack … to James Guthrie, burgess of Arbroath, Janet Panter his spouse, and their assignee … not … of higher … status than the said … for terms of nineteen years … our lands of ly Mylhill … which the same James now occupies; the term of entry … beginning on the feast of Pentecost immediately following the date of these presents … Paying … forty shillings … of the money … of Scotland at the two terms of the year … And if it should happen that they … are injurious … or badly paying, it shall be lawful for us … to dispose of … the lands … At … the chapter on the twenty-first day of the month of June in the year of Our Lord one thousand five hundred and one.

Historical or Genealogical Significance

• Identifies James Guthrie as a burgess of Arbroath in 1501.
• Names his wife as Janet Panter (Joneta Paniter).
• Shows him already in occupation of the lands of Mylhill and receiving a formal nineteen-year security of tenure from the Abbot.
• Links to the immediately preceding heading that associated Mylhill with the ancient office of the cellarer.

Legal Terms and Scottish Practices

• Assedacio – Tack / lease for a fixed term of years.
• Burgensis de Abirbrothoc – Burgess of the burgh of Arbroath (a freeman of the town with full municipal rights).
• Terminus introitus – The date on which the new term of the tack begins (here Pentecost 1501).
• Assignatus – An assignee to whom the tenants may transfer the tack, subject to the superior’s approval and status restriction.
• Capitulum – The chapter (the formal meeting of the Abbot and monks), used here as the place of execution.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 336–337 (Manuscript folio 419)

Date of the Entry 15 July 1501

Guthrie(s) Identified

• Jacobus Guthre in Seytoun (James Guthrie in Seaton)

Other Primary Parties Identified

• Dauid, Abbot of Arbroath, and the Convent
• Alexander Fylpe (the appointed attorney / nuncio / serjeant)
• Witnesses: Alexander Baldovy de eodem, Walter Lichtoun in Athy, and divers others
• Notary: Johannes Brovn

Original Document Language Latin

Purpose Procuratory by which the Abbot and Convent appoint their servant Alexander Fylpe as their attorney, nuncio and serjeant to demand, uplift and (if necessary) distrain for all ferms and rents due to the convent in common from debtors in Aberdeen and throughout all parts beyond the mountains to the north, together with arrears, and to do all other things pertaining to such an office.

Guthrie Role James Guthrie in Seaton was present as one of the named witnesses when the procuratory was executed in the chapter house.

Modern English Translation Procuratory for the rents due to the convent in common beyond the mountains.

419 … In the year … one thousand five hundred and one, on the fifteenth day of the month of July … before me a public notary … David … abbot … of Arbroath and … the convent, personally constituted, presented a certain paper schedule to be read, of which the tenor is this … To all … David … abbot of Arbroath … greeting. Know that we have made … our servant … Alexander Fylpe, the bearer of these presents, our attorney, nuncio and serjeant to demand … and for the utility of our place to uplift from whomsoever our debtors in Aberdeen and beyond through all parts situated beyond the mountains to the north the ferms and rents due to the convent in common, and if need be to distrain for them, together with the arrears of years and terms past … and to do all other things … which by such an attorney … can be performed … the presents to endure at our will. Which schedule … the abbot and convent … sought from me … to be published under the form of an instrument … These things were done in the chapter … of the monastery about the eleventh hour before midday or thereabouts … in the presence there of Alexander Baldovy of that ilk, James Guthrie in Seaton, Walter Lichtoun in Athy, with divers others …

… John Brown … notary …

Historical or Genealogical Significance

• Continues the identification of James Guthrie as “in Seytoun” (Seaton) in July 1501, only weeks after he and his wife Janet Panter received the tack of Mylhill.
• Places him as a witness of sufficient standing to be named in a formal chapter act of the Abbey.

Legal Terms and Scottish Practices

• Procuratorium – Formal written appointment of an attorney or agent.
• Nuncius et sergeandus – Nuncio (messenger) and serjeant (officer authorised to execute court orders, including distraint).
• Extra montes – Beyond the mountains (the traditional description of the area north of the Mounth, i.e. Aberdeen and the north-east).
• Redditus conventui in communi debiti – Rents due to the convent in common (as distinct from those appropriated to individual monastic offices).
• Districtionem – Distraint; the legal seizure of goods to enforce payment of rent or debt.
• Capitulum – The chapter house / formal meeting of the Abbot and monks.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 351–352 (Manuscript folio 441)

Date of the Entry 12 April 1505

Guthrie(s) Identified

• Jacobus Guthre senior (James Guthrie the elder)
• Katrine Lyne (Katherine Lyn), his wife
• Jacobus Guthre filius (James Guthrie, his son)

Other Primary Parties Identified

• Georgius, Abbot of Arbroath
• Dauid Terry and Thomas Vannand (the current occupants of the third part)

Original Document Language Latin

Purpose Life-tack of one-third of the lands of the town of Northterre (North Tarry), currently occupied by David Terry and Thomas Vannand, granted to James Guthrie the elder, his wife Katherine Lyn, and their son James Guthrie, for the lifetime of James the elder; after his death the same third is to be held by Katherine and the son James (with the usual widowhood proviso).

Guthrie Role James Guthrie the elder is the principal life-tenant. His wife Katherine Lyn and their son James are the successive holders after his death.

Modern English Translation Northterre for the third part is set in tack to James Guthrie.

441 … Be it known … that we George … abbot … of Arbroath … have set in tack … to James Guthrie the elder, Katherine Lyn his wife … and James Guthrie his son … the third part of the lands of our town of Northterre … which David Terry and Thomas Vannand now … occupy, for the whole term of life … Paying … forty-four shillings and five pence with a halfpenny … of the money … of Scotland at … the terms of Pentecost … and St Martin … with four capons and another four adult chickens, rynmart, wether and other burdens of the husbandmen … And the same James the elder being taken from this light, the said Katherine and her son James … [shall pay] … two celdras of oats of the measure of the current market at the customary terms of this kind with the things prescribed. Moreover if … they pay badly it shall be lawful for us … to dispose of … the third part … at … pleasure … And if the said Katherine does not remain in her widowhood after the death of the said James … the present tack shall be of no strength as regards her … At Arbroath on the 12th day of the month of April in the year of Our Lord 1505.

Historical or Genealogical Significance

• Reconfirms the same family group previously seen in 1498 (half of Seaton): James Guthrie the elder, his wife Katherine Lyn, and their son James.
• Shows the family expanding their holdings under Arbroath Abbey to include a one-third share of Northterre (North Tarry) on a life-tack in 1505.
• Continues the pattern of secure, multi-generational Abbey tenancies.

Legal Terms and Scottish Practices

• Assedacio pro toto tempore vite – Life-tack (lease for the lifetime of the principal tenant).
• Tercia pars terrarum ville – One-third share of the lands of the ferm-toun.
• Onera husbandorum – Customary tenant burdens (capons, chickens, rynmart, wether, etc.).
• Si non manserit in viduitate sua – The standard clause that the widow’s right to the tack ends if she remarries.
• Rynmart et weddir – A mart (ox or cow for slaughter) of a specified age/quality and a wether (castrated ram).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 366–369 (Manuscript folio 448)

Date of the Entry Foundation charter by Charles Brown: 14 November 1505 Abbot’s confirmation: March 1505 (likely 1505/6)

Guthrie(s) Identified

• Marjorie Guthre (Marjorie Guthrie), spouse of Charles Brown
• Jacobus Guthre (James Guthrie) – neighbouring landholder in Cobgate
• Alexander Guthre de eodem, miles (Alexander Guthrie of that ilk, knight) – neighbouring landholder in the Burrowrudis

Other Primary Parties Identified

• Georgius, Abbot of Arbroath, and the Convent (confirming)
• Karolus Brown (Charles Brown), burgess of Arbroath (founder of the chaplainry)
• Numerous neighbouring landholders and rent-payers listed in the foundation

Original Document Language Latin

Purpose Notarial inspection and confirmation by the Abbot and Convent of a charter by which Charles Brown, burgess of Arbroath, founded a perpetual chaplainry at the altar of St Nicholas in the chapel of the Blessed Virgin Mary at the west end of the bridge of Arbroath (or, if that failed, in the church of St Vigean). The foundation was made for the souls of King James IV and his queen, Abbot George and the convent, the founder himself, his wife Marjorie Guthrie, his parents, and all the faithful departed. A long list of tenements and annual rents in Arbroath was assigned to support the chaplain.

Guthrie Role

• Marjorie Guthrie is named as the wife of the founder Charles Brown; the chaplainry is founded in part for her soul.
• James Guthrie is named as the owner of land on the north side of a tenement in Cobgate that is being conveyed.
• Sir Alexander Guthrie of that ilk is named as the owner of land on the east side of a piece of land in the Burrowrudis that is being conveyed.

Modern English Translation (Key passages only)

448 To all who shall see or hear this charter, George, by divine permission abbot of the monastery of St Thomas the Martyr of Arbroath and the convent of the same place, eternal greeting in the Lord. Know that we have inspected and fully understood a certain charter of our beloved Charles Brown, burgess of the burgh of Arbroath, concerning the foundation of a chaplainry, made under the seal of the foresaid Charles and the common seal of the said burgh, sound and entire, not cancelled, not erased, not abolished, nor in any part of it corrupted or suspected, but entirely free from every stain, defect and suspicion, of which charter the tenor follows in these words:

To all who shall see or hear this charter, Charles Brown, burgess of Arbroath, eternal greeting in the Lord. Know that I, for the salvation of the soul of the most excellent prince James the Fourth, king of Scots, and of his queen, and for the salvation of the venerable father in Christ George, abbot of Arbroath, and of the convent of the same, and also for the salvation of my own soul and of Marjorie Guthrie my spouse, of my father and my mother, and for the souls of my predecessors [and] successors and of all the faithful departed, have freely given, granted and by this my present charter confirmed to God Almighty and the Blessed Virgin Mary and to Blessed Nicholas the bishop and confessor, at the altar newly founded by me to the praise and glory of the same and for the sustenance of one chaplain who shall celebrate at the said altar situated in the chapel of the Blessed Mary at the west end of the bridge of Arbroath (or, if that fails, in the church of Blessed Vigean) forever for the foresaid souls, all and whole those lands and annual rents of mine following, namely: [long detailed list of tenements and annual rents in Cobgate, Lorburn, Marketgate, etc.]

… item 2s. from the land of John Steidman lying in the Cobgate between the land of James Guthrie on the north and the land of William Cristison on the south … … item one piece of land lying in the Burrowrudis on the south side between the land of Alexander Guthrie of that ilk, knight, on the east and the land of the heirs of Richard Feldefair on the west …

[The Abbot and Convent then ratify and confirm the entire foundation charter.]

Historical or Genealogical Significance

• Names Marjorie Guthrie as the wife of Charles Brown, burgess of Arbroath, in 1505.
• Places James Guthrie as a landholder in Cobgate, Arbroath, at the same date.
• Explicitly styles Alexander Guthrie as “of that ilk” and “knight” and shows him holding land in the Burrowrudis of Arbroath in 1505.
• Provides a valuable snapshot of multiple Guthrie property interests within the burgh at the beginning of the sixteenth century.

Legal Terms and Scottish Practices

• Capellania – A chaplainry (an endowed altar with a perpetual chaplain to celebrate masses for specified souls).
• In puram et perpetuam elemosinam – In pure and perpetual alms (the classic free tenure for religious foundations).
• Redditus annui – Annual rents (money payments charged on specific tenements).
• Presentatio – The right to present (nominate) the chaplain when the benefice falls vacant.
• Ballivi et comburgenses – The bailies and fellow-burgesses of the burgh, here given the primary right of presentation.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 367–370 (approximate; manuscript folio 458)

Date of the Entry Foundation by John Browne: 1506 Abbot’s confirmation: 5 July 1506

Guthrie(s) Identified

• Jacobus Guthre (James Guthrie) – neighbouring landholder
• Joneta Lyn (Janet Lyn) – wife of the founder John Browne in Latham

Other Primary Parties Identified

• Georgius, Abbot of Arbroath, and the Convent (confirming)
• Johannes Browne in Laithame / Latham (founder of the chaplainry)
• Dominus Alexander Browne (a kinsman of the founder, already instituted as chaplain)

Original Document Language Latin

Purpose Confirmation by the Abbot and Convent of a foundation by John Browne, inhabitant of Latham, of a perpetual chaplainry at the altar of St Sebastian in the parish church of St Vigean. The foundation was made for the soul of the founder, the soul of his wife Janet Lyn, his kinsmen, parents, benefactors, and all the faithful departed. Several tenements and annual rents in Arbroath were assigned to support the chaplain.

Guthrie Role

• Janet Lyn is named as the wife of the founder; the chaplainry is founded in part for her soul.
• James Guthrie is named as the owner of land lying to the south of one of the tenements being conveyed to the chaplainry (in Cobgate).

Modern English Translation (Key passages)

Confirmation of the chaplainry of John Browne in Latham of the altar of St Sebastian in the church of St Vigean.

458 To all the faithful of Christ who shall inspect or hear the present letters, George, by divine permission abbot of the monastery of St Thomas the Martyr of Arbroath and the convent of the same place, greeting in Him who is true salvation. Know that we have understood and truly inspected the letters of foundation of a chaplainry in the church of St Vigean the Confessor made by John Brown in Latham, not abolished, not cancelled, not erased, nor in any part of them vitiated, in these words:

To all and singular the sons of holy mother church to whose notice the letters of the present foundation shall come, John Browne, inhabitant in Latham, greeting, joy and peace. … I, the foresaid John, at the time of the consecration of my parish church of Arbroath in honour of St Vigean its patron, promised to the reverend father in Christ and lord George, by the grace of God and of the apostolic see bishop of Dromore, who in the year of Our Lord 1485 on the 25th day of the month of August consecrating dedicated it, to endow it or some altar situated within the same with annual rents to the value of five merks of the current money of Scotland. … willing also and most greatly desiring to provide for the salvation and remedy of my own soul and the souls of Janet Lyn my wife, of my kinsmen, parents and benefactors and of all the faithful departed … I have given, granted and founded … to one perpetual chaplain who shall serve forever at the altar of St Sebastian in the said church founded by me, and shall celebrate mass daily and other divine suffrages while he shall be disposed for this as is customary in other parts of Scotland, namely: one tenement lying in the burgh of Arbroath on the east side in the Cobgate between the lands of Walter Sclater on the north and the lands of Alexander Nicholson on the south … another whole tenement with pertinents in the same street on the west side of the same lying between the lands of Elyson Colyn on the north and the lands of James Purwes on the south … one annual rent of six shillings and ten pence from the abovesaid lands of Elyson Colyn … one also annual rent of six shillings and eight pence from that whole tenement which belonged to Alexander Teyndar while he lived, lying on the west side of the foresaid street between the lands of James Guthrie on the south and the land of James Purwes on the north …

[The Abbot and Convent then approve, ratify and forever confirm the foundation.]

Historical or Genealogical Significance

• Names Janet Lyn as the wife of John Browne in Latham in 1506.
• Places James Guthrie as a landholder in Cobgate, Arbroath, at the same date (neighbouring one of the tenements given to the new chaplainry).
• Raises the possibility of a connection with the earlier Katherine/Katrina Lyn who was wife of James Guthrie the elder (1498–1505), though the documents do not explicitly link the two women.

Legal Terms and Scottish Practices

• Capellania / altaragium – A chaplainry or endowed altar.
• Incola – Inhabitant / resident (here of Latham).
• Ius patronatus – The right of patronage (presentation of the chaplain).
• Ydoneus capellanus – A suitable / qualified chaplain.
• Infra triginta dierum spacium – Within the space of thirty days (the usual period allowed for presentation after a vacancy).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 370 (Manuscript folio 461)

Date of the Entry 8 September 1506

Guthrie(s) Identified

• Alexander Guthre of that ilk (Alexander Guthrie of that ilk)

Other Primary Parties Identified

• George, Abbot of Arbroath
• Thomas, Lord of Innermeath and Baron of Innerkelor
• Witnesses: Master Hew Dowglace (dean of Brechin), Alexander Hepburn of Quhitsim, Adam Hepburn of the Crage (knight), James Haye of Nachtane (knight), Robert Gray (son of Lord Gray), John Ogilwy of the Crage, Master David Carale and Master James Farchar (notaries), and others

Original Document Language Middle Scots

Purpose Indenture granting Thomas, Lord of Innermeath, licence for the term of his life to bring a fishing boat into the Abbey’s harbour of Athy (Ethie), to allow his fishermen to pass and repass with their gear, to lay anchors on land, to hang and dry nets, to take fish, and to do all other things necessary for the fishing craft, without creating any possession, ground right or servitude prejudicial to the Abbey.

Guthrie Role Alexander Guthrie of that ilk was present as one of the named witnesses to the indenture.

Modern English Translation [Indenture concerning the boat of the harbour of Athy.]

461 This indenture made at Arbroath the eighth day of the month of September the year of God one thousand five hundred and six years between us George … abbot of … Arbroath … and Thomas, lord of Innermeath and baron of Inverkeilor … bears witness … as after follows … We George, abbot foresaid, with the consent of our convent, for the hearty love we have to the said lord Thomas, of our free will give licence to the said Thomas, lord, to bring a fish boat into our haven of Athy for all the days of his life, and his fishers to pass and repass thereto with their stuff and gear such as pertains to them, and to lay their anchors upon land, to dry hang and dry nets, to take fish, and all other necessary things to do, use, exercise and have needful to fishing craft and saving of the boat and gear; which use shall induce no possession to the said lord of Innermeath, neither ground right nor servitude, but shall be always without prejudice or hurt to us, our convent and place of Arbroath and our successors after the death of the said Thomas, lord. In witness hereof to a part of this indenture to remain with us … the seal of Thomas, lord foresaid, is appended; and to the part … to remain with the said Thomas, lord, we have appended the common seal of our chapter … before these witnesses: Master Hew Douglas, dean of Brechin; Alexander Hepburn of Whitsome; Adam Hepburn of the Craig, knight; Alexander Guthrie of that ilk; James Hay of Naughton, knight; Robert Gray, son to Lord Gray; John Ogilvy of the Craig; Master David Carale and Master James Farquhar, notaries; with others divers.

Historical or Genealogical Significance

• Explicitly styles Alexander Guthrie as “of that ilk” in September 1506.
• Places him among the local nobility and gentry witnessing an important licence granted by the Abbot concerning the Abbey’s harbour at Ethie.

Legal Terms and Scottish Practices

• Indenture – A formal bipartite agreement, each party retaining a sealed counterpart.
• Hawyn / haven – Harbour or haven.
• Battella / fische boit – Fishing boat.
• Without prejudice or hurt – Standard saving clause ensuring that the licence creates no permanent right or servitude against the granter.
• Commone selle of our chaptour – The common seal of the monastic chapter.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 382 (Manuscript folio 479)

Date of the Entry 1509

Guthrie(s) Identified

• Henricus Guthre, burgensis de Arbroth (Henry Guthrie, burgess of Arbroath)
• Elizabeth Lyell, his present spouse
• Johannes Guthre, filius senior (John Guthrie, their eldest son)
• Jacobus Guthre (James Guthrie), father of Henry (previous tenant)

Other Primary Parties Identified

• Georgius, Abbot of Arbroath

Original Document Language Latin

Purpose Nineteen-year tack of the Abbey’s lands of Mylhil (Milhil / Myhill) granted jointly to Henry Guthrie, burgess of Arbroath, his wife Elizabeth Lyell, and their eldest son John Guthrie. The document notes that James, the father of Henry, held the same lands for the same term at the time this new tack was made.

Guthrie Role Henry Guthrie (with his wife and eldest son) is the new principal tenant. His father James is recorded as the immediately preceding tenant of the same lands.

Modern English Translation Milhil is set in tack to Henry Guthrie.

479 … Be it known … that we George … abbot … of Arbroath … have set in tack … to Henry Guthrie, burgess of Arbroath, and Elizabeth Lyell his present spouse, and John Guthrie their eldest son … our lands of Mylhil … for terms of nineteen years … which … James … the father … of Henry held … at the time of the making of this for the same terms. Paying … forty shillings … of the money … of Scotland at … the terms of Pentecost and St Martin … And if it should happen that they … are injurious … or badly paying, it shall be lawful for us … to dispose of … the lands … Dated … in the year of Our Lord 1509.

Historical or Genealogical Significance

• Provides a clear three-generation succession in the tenancy of Mylhil: – James Guthrie (father) – Henry Guthrie (son), burgess of Arbroath, and his wife Elizabeth Lyell – John Guthrie (eldest son of Henry and Elizabeth)
• Confirms the earlier 1501 tack of Mylhil to James Guthrie and Janet Panter is part of the same family holding.
• Resolves the earlier index reference to Elizabeth Lyell (previously noted as appearing only at p.382).

Legal Terms and Scottish Practices

• Assedacio – Tack / lease for a fixed term of years.
• Burgensis de Arbroth – Burgess of the burgh of Arbroath.
• Filius senior – Eldest son (explicitly included to secure the succession within the family).
• Sponsa moderna – Present / current spouse.
• Termini decem et nouem annorum – A standard nineteen-year term, common in late-medieval Scottish ecclesiastical leases.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 419 (Manuscript folio 534)

Date of the Entry 17 December 1512

Guthrie(s) Identified

• Jacobus Guthre (James Guthrie)

Other Primary Parties Identified

• Georgius, Abbot of Arbroath

Original Document Language Latin

Purpose Nineteen-year tack of the Abbey’s lands of Innerlonan (Innerlounan) together with the garbal teinds, granted to James Guthrie and his assignees (provided they are admitted by the Abbot and are not of higher status than himself).

Guthrie Role James Guthrie is the principal tenant of the lands and garbal teinds of Innerlounan.

Modern English Translation Innerlonan with the teinds is set in tack to James Guthrie.

534 … Be it known … that we George [etc.] … have set in tack … to James Guthrie and his assignees … provided they are admitted by us and are not of higher status than himself … our lands of Innerlonan with the garbal teinds … for terms of nineteen years … Paying … two celdras and eight bolls of barley and two celdras and eight bolls of oatmeal of the measure of the current market within … the monastery … And because we intend to burden the said … and his assignees to ride with us … we relax the same from all burdens of the husbandmen … except that they shall lead … tiles from the quarry to … the monastery in the same manner as the other husbandmen … excepting also the jurisdiction of our regality in all our courts, complaints and pleas in which … they shall do common suit … On the seventeenth day of the month of December in the year of Our Lord one thousand five hundred and twelve.

Historical or Genealogical Significance

• Continues the long Guthrie association with the lands of Innerlounan (previously held by William of Guthrie in 1418 and Robert Guthrie in 1496).
• Shows James Guthrie holding a substantial nineteen-year tack of both the lands and the garbal teinds in 1512.

Legal Terms and Scottish Practices

• Assedacio – Tack / lease for a fixed term.
• Decimae garbales – Garbal (corn) teinds.
• Celdras et bollas – Chaldrons and bolls (standard Scottish dry measures for grain).
• Onera husbandorum – Customary labour burdens of ordinary farm tenants.
• Sectam communem – Common suit of court (the obligation to attend the superior’s courts).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 434–435 (Manuscript folio 573)

Date of the Entry Confirmation dated 21 July 1521 (reciting and expanding the earlier foundation of c.1506)

Guthrie(s) Identified

• Joneta Lyne (Janet Lyn) – one of the wives of the founder whose soul is commemorated
• Henricus Guythre (Henry Guthrie) – neighbouring landholder
• Andreas Guthre (Andrew Guthrie) – former owner of a tenement now contributing an annual rent

Other Primary Parties Identified

• Johannes Brown in Laitham (founder)
• Elene Brown and Joneta Bownche (additional wives of the founder whose souls are also commemorated)
• The Abbot and Convent of Arbroath (confirming)

Original Document Language Latin

Purpose Later confirmation and slight expansion of the chaplainry founded by John Brown in Latham at the altar of St Sebastian in the parish church of St Vigean. The document recites the earlier foundation (with the souls of Janet Lyn and others) and adds further annual rents, including one from a tenement formerly belonging to Andrew Guthrie and another bounded by the lands of Henry Guthrie.

Guthrie Role

• Janet Lyn is again named among the souls for whom the chaplainry was founded.
• Henry Guthrie is named as the owner of land lying to the north of a tenement in the Ratton Raw that is charged with an annual rent.
• Andrew Guthrie is named as the former owner of a tenement from which a 4s. 8d. annual rent is now assigned to the chaplainry.

Modern English Translation (Key new passages)

573 The same confirms the letters of John Brown in Latham in these words: To all [etc. as in No. 458 as far as the words “and the remedy of my soul”] and the souls of Janet Lyn, Helen Brown, and Janet Bunch, my wives [etc. as in the same as far as the words “John Aldstone on the south”]. … item one other whole tenement with pertinents lying in the street called Cobgate on the south side between the lands of Alexander Bride and the lands of Thomas Browne lying on the north … and also one annual rent of ten shillings between the lands of John Browne formerly in Ruys on the south side and the lands of Andrew Scot on the north side … further for one anniversary one annual rent of ten shillings from the tenement formerly of John Steydman lying in the street Ratton Raw on the west side of the same between the lands of Alexander Mustard on the south side on one part and the lands of David Durwart on the west and the lands of Henry Guthrie on the north and the common vennel on the east on the other parts … item another annual rent of four shillings and eight pence from the tenement formerly of Andrew Guthrie and at that time belonging to Thomas Rany, burgess of the said burgh, and it lies between the lands of St Sebastian on the south on one part and the lands of Andrew Thomson on the north on the other parts …

[Further detailed provisions for the anniversary, the chaplain’s duties, the right of patronage, the ornaments of the altar, and the founder’s reserved powers follow. The confirmation is sealed with the seals of the chapter and of John Browne the founder and is dated 21 July 1521.]

Historical or Genealogical Significance

• Reconfirms Janet Lyn as a wife of John Brown in Latham.
• Introduces Henry Guthrie as a landholder in the Ratton Raw of Arbroath by 1521.
• Introduces Andrew Guthrie as a former owner of a tenement in Arbroath whose property is now contributing to the chaplainry.
• Shows continued Guthrie property presence within the burgh into the 1520s.

Legal Terms and Scottish Practices

• Anniversarium / Saulmes et Dirige – An annual commemorative service (Placebo and Dirige with note and chant) for the souls of the founder and others.
• Quondam – Formerly (indicating a previous owner).
• Ius patronatus – Right of patronage / presentation.
• Concubina seu focaria – Concubine or hearth-mate; a clause allowing the patron to remove a chaplain who keeps a woman.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 438–442 (Manuscript folio 583)

Date of the Entry Foundation charter by Robert Scot: 4 January 1519 Abbot’s confirmation: 18 January 1524

Guthrie(s) Identified

• Henricus Guthre (Henry Guthrie) – neighbouring landholder

Other Primary Parties Identified

• Dauid, Abbot of Arbroath (confirming)
• Robertus Scot, burgess of Arbroath (founder of the chaplainry)
• A long list of Scot family members and others whose souls are commemorated

Original Document Language Latin

Purpose Confirmation by Abbot David of a perpetual chaplainry founded by Robert Scot, burgess of Arbroath, at a newly established altar in the chapel of Arbroath near the bridge of the town, dedicated to the Holy Trinity, the Blessed Virgin Mary and St Duthac. A substantial list of lands and tenements in and around Arbroath was assigned to support the chaplain, and detailed regulations were laid down for the chaplain’s duties, residence, and the right of patronage.

Guthrie Role Henry Guthrie is named as the owner of the lands lying both to the east and to the west of two roods situated on the south side of the chapel of Our Lady near the bridge; those two roods form part of the endowment of the new chaplainry.

Modern English Translation (Key passage only)

… item two roods lying on the south side of the chapel of Our Lady near the bridge of the said town between the lands of Henry Guthrie on the east side and on the west side …

Historical or Genealogical Significance

• Places Henry Guthrie as a landholder immediately adjacent to the chapel of Our Lady near the bridge of Arbroath by January 1519 (confirmed 1524).
• Continues the documentary presence of the Guthrie family as property holders within the burgh into the 1520s.

Legal Terms and Scottish Practices

• Capellania perpetua – A perpetual chaplainry.
• Ad mortuam manum – Into mortmain (the legal transfer of property to a religious foundation).
• Presentatio – The right to present the chaplain.
• Focaria / concubina – Explicit prohibition on the chaplain keeping a hearth-mate or concubine.
• Cantor planus – Plain-song / plainsong singer (minimum musical qualification required of the chaplain).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 453 (Manuscript folio 617)

Date of the Entry 28 March 1526

Guthrie(s) Identified

• Johannes Guthre (John Guthrie)
• Hercules Guthre (Hercules Guthrie), his son

Other Primary Parties Identified

• The Abbot of Arbroath (David or his successor; the text says “Idem”)

Original Document Language Latin

Purpose Nineteen-year tack of the lands of Innerlownan (Innerlounan) together with the garbal teinds, lying in the regality of Arbroath and the sheriffdom of Forfar, granted to John Guthrie and his son Hercules Guthrie and their assignees (provided the assignees are not of higher status).

Guthrie Role John Guthrie and his son Hercules are the joint principal tenants of the lands and garbal teinds of Innerlounan.

Modern English Translation 617 The same sets in tack for nineteen years to John Guthrie and his son Hercules Guthrie and their assignees not of higher status the lands of Innerlownan with the garbal teinds in the regality of Arbroath and the sheriffdom of Forfar. Paying two celdras and eight bolls of good and pure barley and two celdras and eight bolls of meal of the measure of the current market at the feasts of the Purification of the Blessed Mary and Easter. And because he intends the said persons to ride with him, the abbot relaxes them from the burdens of the husbandmen except that they shall lead tiles from the quarry to the monastery and in all courts of the regality they shall do suit. 28 March 1526.

Historical or Genealogical Significance

• Continues the multi-generational Guthrie tenancy of Innerlounan (previously held by William 1418, Robert 1496, James 1512).
• Explicitly names Hercules Guthrie as the son of John Guthrie and includes him as a joint tenant, securing the succession within the family.
• Shows the family still holding this substantial Abbey estate into the mid-1520s.

Legal Terms and Scottish Practices

• Assedacio pro nouendecim annis – Nineteen-year tack.
• Decimae garbales – Garbal (corn) teinds.
• Non maioris status – Not of higher status (standard restriction on assignees).
• Onera husbandorum – Customary labour burdens of farm tenants.
• Sectam facient – They shall do suit (attend the regality courts).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 454 (Manuscript folio 619)

Date of the Entry 30 April 1526

Guthrie(s) Identified

• Henricus Guthre, burgensis de Arbroath (Henry Guthrie, burgess of Arbroath)
• Elyzabeth Lyell (Elizabeth Lyell), his spouse
• Johannes Guthre, eorum filius senior (John Guthrie, their eldest son)

Other Primary Parties Identified

• The Abbot of Arbroath (“Idem”)

Original Document Language Latin

Purpose Renewal of the nineteen-year tack of the lands of Mylhyll (Milhil / Myhill), which Henry Guthrie already held for the same term, now granted jointly to Henry Guthrie, burgess of Arbroath, his wife Elizabeth Lyell, and their eldest son John Guthrie.

Guthrie Role Henry Guthrie (with his wife and eldest son) continues as the tenant of Mylhyll under a renewed nineteen-year security of tenure.

Modern English Translation 619 The same sets in tack for nineteen years to Henry Guthrie, burgess of Arbroath, Elizabeth Lyell his spouse, and John Guthrie their eldest son the lands of Mylhyll which Henry held for the same terms. Paying forty shillings of the money of Scotland. 30 April 1526.

Historical or Genealogical Significance

• Direct continuation of the 1509 tack of Mylhil to the same three persons (Henry, Elizabeth Lyell, and their eldest son John).
• Demonstrates the family’s successful retention and renewal of this Abbey tenancy over a period of at least seventeen years.
• Confirms the ongoing status of Henry Guthrie as a burgess of Arbroath into 1526.

Legal Terms and Scottish Practices

• Assedacio pro nouendecim annis – Nineteen-year tack (the standard renewable term).
• Quas Henricus habuit pro eisdem terminis – Which Henry held for the same terms (explicit recognition of the previous tenure).
• Filius senior – Eldest son (included to secure the family succession).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 454 (Manuscript folio 621)

Date of the Entry 9 May 1526

Guthrie(s) Identified

• Alexander Guthre de Kynblathmund (Alexander Guthrie of Kinblethmont)
• Jonete Straquhyne (Janet Strachan), his spouse

Other Primary Parties Identified

• The Abbot of Arbroath (“Idem”)

Original Document Language Latin

Purpose Nineteen-year tack of the garbal teinds of the lands of Kynblathmund (Kinblethmont) in the parish of Inverkeilor, granted to Alexander Guthrie of Kinblethmont, his spouse Janet Strachan, and their assignees (provided the assignees are not of higher status).

Guthrie Role Alexander Guthrie of Kinblethmont (with his wife) is the tenant of the garbal teinds of Kinblethmont.

Modern English Translation 621 The same sets in tack for nineteen years to Alexander Guthrie of Kinblethmont, Janet Strachan his spouse, and their assignees not of higher status the garbal teinds of the lands of Kinblethmont in the parish of Inverkeilor. Paying five bolls of wheat, eight bolls of barley and twenty-eight bolls of oatmeal of the market measure at the feasts of the Purification of Mary and Easter. 9 May 1526.

Historical or Genealogical Significance

• Identifies Alexander Guthrie as “of Kinblethmont” in 1526.
• Names his wife as Janet Strachan (Jonete Straquhyne).
• Continues the Kinblethmont branch previously represented by William Guthrie of Kinblethmont (juror in 1494).
• Shows the family holding the garbal teinds of their own lands from Arbroath Abbey.

Legal Terms and Scottish Practices

• Decimae garbales – Garbal (corn) teinds.
• Non maioris status – Not of higher status (restriction on assignees).
• Mensura fori – Market measure (the standard local measure for grain).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 461 (Manuscript folio 639)

Date of the Entry Commission for a justiciary court to be held at Dundee on 23 February (year not stated in the visible text; late in the register, after 1526)

Guthrie(s) Identified

• Henricus Guthre in Ruffis (Henry Guthrie in Ruffis / Roughs)

Other Primary Parties Identified

• Named procurators: Dominus Jacobus Ogyluy de Erle, Willelmus Vod de Bonneton, Jacobus Betton de Melgone, Georgius Ramsa de Clette, Georgius Rollog, Johannes Ramsay, Allexander Luvlylle, and others

Original Document Language Latin

Purpose Commission appointing a panel of procurators (including Henry Guthrie in Ruffis) to act in a justiciary court to be held at Dundee on 23 February, with continuation of days. The form is stated to be similar to the preceding commission.

Guthrie Role Henry Guthrie in Ruffis is named as one of the appointed procurators for the justiciary court.

Modern English Translation 639 Commission given to certain procurators, namely: lord James Ogilvy of Airlie, William Wood of Bonnyton, James Beton of Melgund, George Ramsay of Clette, George Rollok, John Ramsay, Alexander Luvlylle, Henry Guthrie in Ruffis, and others, for a justiciary court to be held at Dundee on the 23rd of the month of February with continuation of days; of similar form as the preceding commission.

Historical or Genealogical Significance

• Identifies a Henry Guthrie as “in Ruffis” (a local designation, possibly Roughs or a similar place-name).
• Shows him acting in an official capacity as a procurator for a justiciary court at Dundee, indicating a man of some local standing and legal involvement.

Legal Terms and Scottish Practices

• Commissio – A formal written appointment of authority.
• Procuratores – Procurators / legal agents appointed to act in court.
• Curia iusticiarie – Justiciary court (the royal criminal and higher civil court held by the Justiciar or his deputies).
• Cum continuatione dierum – With continuation of days (allowing the court to sit over multiple days).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 469 (Manuscript folio 659)

Date of the Entry 31 August 1527

Guthrie(s) Identified

• Alexander Guthre de Kynblaythmont (Alexander Guthrie of Kinblethmont)

Other Primary Parties Identified

• Thomas Lyndsay de Lethnoth (Thomas Lindsay of Lethnoth) – co-bailie
• The Abbot of Arbroath (issuer of the precept)

Original Document Language Latin

Purpose Precept of sasine directed to Alexander Guthrie of Kinblethmont and Thomas Lindsay of Lethnoth as the Abbot’s bailies in this part, ordering them to give sasine of the lands contained in the preceding charter by the traditional symbols of earth and stone and the delivery of one sheaf (garba).

Guthrie Role Alexander Guthrie of Kinblethmont is appointed as one of the Abbot’s special bailies to execute the giving of sasine.

Modern English Translation 659 Precept of sasine upon the foresaid charter by delivery of earth and stone and of one sheaf, directed to Alexander Guthrie of Kinblethmont and Thomas Lindsay of Lethnoth, bailies of the abbot in this part. 31 August 1527.

Historical or Genealogical Significance

• Confirms Alexander Guthrie of Kinblethmont acting in an official capacity as a bailie of the Abbot of Arbroath in 1527.
• Continues the documented activity of the Kinblethmont branch (previously seen in 1494 and 1526).

Legal Terms and Scottish Practices

• Preceptum sasine – A written order from the superior instructing named bailies to give sasine.
• Per terre et lapidis et unius garbe traditionem – By delivery of earth and stone and of one sheaf (the classic symbolic acts of sasine for land and its produce).
• Ballivi abbatis in hac parte – Bailies of the abbot specially appointed for this purpose.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 470 (Manuscript folio 661)

Date of the Entry 31 August 1527

Guthrie(s) Identified

• Alexander Guthre de Kynblaythmont (Alexander Guthrie of Kinblethmont)

Other Primary Parties Identified

• Jacobus Ogylwy de Bradown (James Ogilvy of Braidown / Bradow)
• Thomas Lyndsay de Laythnoth (Thomas Lindsay of Lethnoth)
• And others – all as bailies in this part

Original Document Language Latin

Purpose Precept of sasine upon the preceding charter, directed to James Ogilvy of Braidown, Alexander Guthrie of Kinblethmont, Thomas Lindsay of Lethnoth, and others as the Abbot’s bailies in this part, ordering them to give sasine by delivery of earth and stone and one sheaf.

Guthrie Role Alexander Guthrie of Kinblethmont is again named as one of the Abbot’s special bailies authorised to give sasine.

Modern English Translation 661 Precept of sasine upon the foresaid charter by delivery of earth and stone and of one sheaf, directed to James Ogilvy of Braidown, Alexander Guthrie of Kinblethmont, Thomas Lindsay of Lethnoth, and others, bailies in this part. 31 August 1527.

Historical or Genealogical Significance

• Reinforces Alexander Guthrie of Kinblethmont’s role as a trusted bailie of the Abbot of Arbroath on the same day as the previous precept.
• Shows him acting alongside other local lairds in the formal transfer of Abbey lands.

Legal Terms and Scottish Practices

• Preceptum sasine – Order to give sasine.
• Per terre et lapidis et unius garbe traditionem – By the symbolic delivery of earth, stone, and one sheaf.
• Ballivi in hac parte – Specially appointed bailies for this particular act.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 484–485 (Manuscript folio 701)

Date of the Entry 8 June 1528

Guthrie(s) Identified

• Henricus Guthre (Henry Guthrie)
• Helezabet Lyell (Elizabeth Lyell), his spouse
• Johannes Guthre, filius eorum primogenitus (John Guthrie, their first-born son)

Other Primary Parties Identified

• The Abbot of Arbroath (“Idem”)

Original Document Language Latin

Purpose Life-tack of the lands of ly Ruffys (the Roughs) and ly Park de Connan, with the garbal teinds, together with the croft commonly called ly Myllhyll, all within the regality of Arbroath, granted to Henry Guthrie, his wife Elizabeth Lyell, and their first-born son John Guthrie, and their subtenants of no higher status. Special provision is made for the order of succession if Henry predeceases the others.

In addition, the Abbot appoints Henry and John as maros (officers) and coroners of the regality of Arbroath and as clerks (or “court clerks”) of all justiciary, chamberlain and other courts of the burgh or barony during their lifetimes, with power to appoint substitutes, and assigns them a customary fee consisting of the Mayrland and certain quantities of grain.

Guthrie Role Henry Guthrie (with his wife and eldest son) receives a life-tenure of significant lands at Ruffys and the Park of Connan, plus the Myllhyll croft. He and his son are also appointed to important hereditary-style offices within the regality (maros, coroners, and court clerks).

Modern English Translation 701 The same sets in tack for the whole term of life to Henry Guthrie, Elizabeth Lyell his spouse, and John Guthrie their first-born son, and their subtenants not of higher status, the lands of ly Ruffys and ly Park de Connan with the garbal teinds, together with the croft commonly called ly Myllhyll, within the regality of Arbroath. And if it should happen that Henry dies before Elizabeth and John, Elizabeth and John shall hold the said lands with the teinds and croft by just and equal division; and the survivor of the two, the other being removed from the midst, shall enjoy the lands and teinds for the space of his or her life.

Rendering for the lands of Ruffys six pounds thirteen shillings and four pence of the money of Scotland at the usual terms, and two celdras of oats commonly called horscorn of the measure of the current market; and for the garbal teinds of the same twelve bolls of meal and four bolls of barley of the foresaid measure at the customary terms, with six capons and as many adult chickens with rynmart and wether; and for the foresaid croft forty shillings; and leading ten cartloads of peats and as many of hay and tiles to the monastery whenever they shall be warned.

Moreover the Abbot has appointed the said Henry and John maros and coroners of the regality of Arbroath and clerks (or as is commonly said, court clerks) of all justiciary, chamberlain and other courts of the burgh or barony during the term of their lives, with power of ordaining substitutes. For the exercise of which offices he assigns to the foresaid the customary fee, namely one piece of land lying on the north side of the lands of Carne commonly called Mayrland, and also twelve bolls of barley and twelve bolls of meal of the measure of the current market to be uplifted at the customary terms from the ferms of the victual of the town of Ruffys and from the teinds of the same, namely twelve bolls of meal, four bolls of barley and one celdr of oats commonly called le horscorn for the remaining eight bolls of barley; from which sum of victual he discharges the foresaid. 8 June 1528.

Historical or Genealogical Significance

• Major consolidation of the family’s position: Henry Guthrie, Elizabeth Lyell and their eldest son John receive a life-tack of the Ruffys lands (previously associated with Henry “in the Ruffys”) together with additional property.
• The simultaneous grant of the offices of marus, coroner and court clerk of the regality elevates Henry and John to positions of real local authority under the Abbot.
• Continues the well-documented family group (Henry + Elizabeth Lyell + John) previously seen in the Mylhil tacks of 1509 and 1526.

Legal Terms and Scottish Practices

• Pro toto tempore vite – For the whole term of life (life-rent tack).
• Maros coronatores – Maros (officers) and coroners of the regality.
• Scribas notarios seu … curiarum clericos – Clerks / court clerks of the various courts.
• Feodum consuetum – The customary fee attached to the offices.
• Horscorn – Oats of a quality suitable for horses.
• Rynmart et weddyr – A mart and a wether as customary render.

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Pages 506–509 (Manuscript folio 765)

Date of the Entry Confirmation dated 13 April 1532 (reciting the 1505 foundation of Charles Brown, the 1505/6 confirmation by Abbot George Hepburn, and a 1513 instrument of resignation)

Guthrie(s) Identified

• Jacobus Guthre (James Guthrie) – witness
• Henricus Guthre (Henry Guthrie) – bailie
• Dominus de Guthre (the lord of Guthrie) – neighbouring landholder

Guthrie Role

• James Guthrie appears as a witness to the proceedings.
• Henry Guthrie acted as one of the bailies in whose hands Charles Brown resigned additional property in 1513.
• The “lord of Guthrie” is named as the owner of land lying to the east of a tenement in the Merkatgayt that is charged with an annual rent.

Other Primary Parties Identified

• The Abbot of Arbroath (confirming)
• Carolus / Carrolus Brown (Charles Brown), burgess of Arbroath (original founder)
• Margareta Ouchtirlony (Margaret Ochterlony), spouse of Charles Brown in the 1513 resignation

Original Document Language Latin

Purpose Later confirmation of the chaplainry at the altar of St Nicholas founded by Charles Brown in 1505, incorporating additional clauses omitted from earlier transumpts and recording a 1513 resignation of further tenements and annual rents into the hands of Henry Guthrie (one of the bailies) for the benefit of the same altar.

Modern English Translation (Key passages)

765 The Abbot confirms (1) the charter of Charles Brown concerning the chaplainry of the altar of St Nicholas dated 14 November 1505, with the confirmation of George Hepburn, abbot, dated 10 March 1505 [No. 448], and certain clauses omitted in the transumpt of the confirmation, namely: [detailed additional regulations for the chaplain’s attendance, dress, non-transferability, use of ornaments, removal for absence or concubinage, and the saying of De profundis].

Before these witnesses, namely: lord Henry Scot, lord David Scot, chaplains; David Clark, one of the bailies; James Stewart; James Guthrie; John Brown; Alexander Nicholson; Tenian Forbes; Nicholas Morison; Andrew Gray; John Brown in Kyrkton; William Brown; James Barre; and Master William Barre, notary public; with divers other witnesses.

(2) Instrument concerning the said foundation written by the hand of William Thornton, notary, dated 18 April 1513, to this effect: Charles Brown, burgess of Arbroath, in the hands of Henry Guthrie, one of the bailies, resigned one tenement within the burgh lying on the east side of the Cobgayt between the lands of James Paniter on the north and the lands of Walter Sclater on the south … [further annual rents] … item one annual rent of eight shillings and eight pence from a tenement lying on the east side of the Merkatgayt between the lands of Patrick Seras on the north and the lands of the lord of Guthrie on the east and the lands of lord David Scot on the west …

Which resignation being so made, the same bailie gave sasine of the said tenements and annual rents to the said Charles and Margaret Ochterlony his spouse and the heirs procreated between them, whom failing to the altar of St Nicholas founded by Charles and situated within the chapel of St Mary within the burgh of Arbroath, saving the right of anyone.

Confirmation dated 13 April 1532.

Historical or Genealogical Significance

• Places James Guthrie as a witness in the early sixteenth-century burgh context.
• Shows Henry Guthrie acting officially as a bailie of Arbroath in 1513.
• Records the “lord of Guthrie” as a neighbouring landholder in the Marketgate of Arbroath, confirming the continued presence of the principal family within the burgh.

Legal Terms and Scottish Practices

• Transumptum – A formal authenticated copy of an earlier document.
• Resignatio in manibus ballivi – Resignation into the hands of a bailie (the standard method of conveying burgage property).
• Sasina – The formal giving of possession.
• Saluo iure cuiuslibet – Saving the right of anyone (standard protective clause).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 518 (Manuscript folio 793)

Date of the Entry 24 January 1533 (i.e. 1533/4) Term begins at the feast of Pentecost 1534

Guthrie(s) Identified

• Johannes Guthre (John Guthrie)

Guthrie Role John Guthrie is the principal tenant of the lands of Colliston.

Other Primary Parties Identified

• The Abbot of Arbroath (“Idem”)

Original Document Language Latin

Purpose Nineteen-year tack of the lands of Colliston (Colliston), lying within the lordship of Arbroath and the sheriffdom of Forfar, granted for good service to John Guthrie, his subtenants and assignees of lower status than himself.

Modern English Translation 793 The same, for good services, sets in tack for nineteen years from the feast of Pentecost 1534 to John Guthrie, his subtenants and assignees inferior to himself, the lands of Colliston within the lordship of Arbroath and the sheriffdom of Forfar. Rendering ten pounds of the money of Scotland. 24 January 1533.

Historical or Genealogical Significance

• Records John Guthrie receiving a substantial nineteen-year tack of the lands of Colliston from the Abbot in 1533/4.
• The phrase “pro benemeritis” (for good services) indicates that the grant was made in recognition of prior service to the Abbey.
• Continues the pattern of Guthrie family members holding significant Abbey lands into the 1530s.

Legal Terms and Scottish Practices

• Pro benemeritis – For good services / in recognition of merit.
• Assedacio pro nouendecim annis – Nineteen-year tack.
• Seipso inferioribus – Inferior to himself (the standard status restriction on subtenants and assignees).
• Reddendo – Rendering / paying (the annual rent clause).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 520 (Manuscript folio 802)

Date of the Entry 8 February 1534

Guthrie(s) Identified

• Franciscus Gothra (Francis Guthrie)
• Matildis Sturrok (Matilda / Maud Sturrock), his spouse

Guthrie Role Francis Guthrie (with his wife Matilda Sturrock) is the life-tenant of the two acres and their garbal teinds.

Other Primary Parties Identified

• The Abbot of Arbroath (“Idem”)
• Patricius Norrowa (Patrick Norrowa / Norway) – previous occupant

Original Document Language Latin

Purpose Life-tack of two acres of land lying in Pundarlawfeild (Punderlawfield) with the garbal teinds, which Patrick Norrowa formerly occupied, granted to Francis Guthrie and Matilda Sturrock his spouse, and their coadjutors and assignees of no higher status.

Modern English Translation 802 The same sets in tack for life to Francis Guthrie and Matilda Sturrock his spouse and their coadjutors and assignees not of higher status those two acres of land lying in Pundarlawfeild with the garbal teinds which Patrick Norrowa formerly occupied. Paying two bolls of clean pure and dry barley; the teinds of flax and hemp being reserved to the abbot. 8 February 1534.

Historical or Genealogical Significance

• Introduces Francis Guthrie and his wife Matilda Sturrock as Abbey tenants in 1534.
• Shows the family still acquiring small but formal life-tenures of land and teinds within the regality in the mid-1530s.

Legal Terms and Scottish Practices

• Pro vita – For life (life-rent tack).
• Coadiutores – Coadjutors / joint helpers (persons associated with the tenants in the holding).
• Decimae garbales – Garbal (corn) teinds.
• Reservatis abbati decimis lini et canapis – The teinds of flax and hemp being reserved to the abbot (a common reservation of industrial crops).

Liber S. Thome de Aberbrothoc (Bannatyne Club Publications No. 86)
Page 528 (Manuscript folio 833)

Date of the Entry 16 February 1535

Guthrie(s) Identified

• Alexander Guthre de Grandon (Alexander Guthrie of Grandon)
• Alexander Guthre, filius eius primogenitus (Alexander Guthrie, his first-born son)

Guthrie Role Alexander Guthrie of Grandon and his eldest son Alexander are the joint principal tenants of Mondornach, with the right to build a mill.

Other Primary Parties Identified

• The Abbot of Arbroath

Original Document Language Latin

Purpose Nineteen-year tack of the lands of Mondornach, lying within the sheriffdom of Aberdeen and the barony of Fiwen (Fyvie), together with licence to construct a mill thereon for their own profit, and with the wrack and wair, granted to Alexander Guthrie of Grandon and his first-born son Alexander Guthrie, and their assignees and subtenants of no higher status.

Modern English Translation 833 The Abbot sets in tack for nineteen years to Alexander Guthrie of Grandon and Alexander Guthrie his first-born son and their assignees and subtenants not of higher status the lands of Mondornach with licence to construct a mill in the same for their own profit, together with the wrack and wair, lying within the sheriffdom of Aberdeen and the barony of Fiwen. Paying six pounds thirteen shillings and eight pence of the money of Scotland with other services due. 16 February 1535.

Historical or Genealogical Significance

• Introduces Alexander Guthrie “of Grandon” and his eldest son Alexander as Abbey tenants in 1535.
• The grant includes the valuable right to build a mill and the coastal rights of wrack and wair, indicating a substantial holding in the north-east (Aberdeenshire / Fyvie area).
• Extends the documented geographical range of Guthrie tenancies under Arbroath Abbey beyond Angus into Aberdeenshire.

Legal Terms and Scottish Practices

• Licencia construendi molendinum – Licence to build a mill.
• Wrak et wair – Wrack and ware (the right to seaweed and wreck cast up by the sea).
• Non maioris status – Not of higher status (restriction on assignees and subtenants).
• Reddendo … cum aliis seruiciis debitis – Paying … with other services due.

No. 86
Book of St Thomas of Arbroath:
Registers of the Abbey of Arbroath
Volume 2: 1329 – 1536

Liber S. Thome de Aberbrothoc. Registrorum Abbacie de Aberbrothoc. Pars Altera. Registrum Nigrum necnon Libros Cartarum Recentiores Complectens. 1329–1536. Edinburgh: Bannatyne Club, 1856.

This is the second part of the registers of the Abbey of Arbroath (Aberbrothoc), containing the Black Register together with the more recent books of charters, covering the years 1329 to 1536. It was published in Edinburgh in 1856 under the auspices of the Bannatyne Club.

Guthrie Places

Master Index – Gutheryn / Guthyn Place-Name Entries
Liber S. Thome de Aberbrothoc – Pars Altera (Registrum Nigrum, 1329–1536)
Bannatyne Club, Edinburgh, 1856

Liber S. Thome de Aberbrothoc – Pars Altera (Registrum Nigrum)
Page 67 (Manuscript folio 75)

Date of the Entry Undated (boundary description; late medieval)

Place Identified

• Denheid of Gutheryne (the Denhead of Gutheryne)
• Gutheryn (the settlement / lands whose inhabitants are mentioned)

Role of the Place The Denhead of Gutheryne is named as a boundary point in the marches that enclose the Myltounmwr, the Eisterbrekkis, and the Bishop of St Andrews’ land. The inhabitants of Gutheryn are also referenced in relation to the path they take to St Vigeans kirk.

Other Primary Parties Identified

• None named individually (boundary description)

Original Document Language Middle Scots

Purpose Description of the marches (boundaries) that bound the Myltounmwr, the Eisterbrekkis, and the Bishop of St Andrews’ land.

Modern English Translation The marches that bound the Myltounmwr, the Eisterbrekkis, and the bishop’s land of St Andrews.

75 In the first, beginning at the Ramdenheid, and from there passing southwest to the Todholis, and so forth to the Akyn Busk, and so on to the Blynd or the Beld Stane under the dykes of the Brakkys, and so on to the Denheid of Gutheryne under the gait as the inhabitants of Gutheryn come and go to St Vigeans kirk.

Historical or Genealogical Significance

• Provides a topographical reference to the Denhead of Gutheryne as a recognised local landmark.
• A denhead (Scots denheid) is the upper end or source-end of a den — a narrow, steep-sided, usually wooded valley or ravine.
• Mentions the “induellaris of Gutheryn” (inhabitants of Gutheryn), confirming a populated settlement associated with the place-name.
• Links the place to the path used by its residents to reach St Vigeans church.

Liber S. Thome de Aberbrothoc – Pars Altera (Registrum Nigrum)
Page 152 (Manuscript folio 70)

Date of the Entry Undated (boundary description; late medieval)

Place Identified

• Gwtheryn (Gutheryn / Gutheryne) – the lands whose marches are being described

Role of the Place The lands of Gwtheryn are the subject of a formal boundary description (marchis). The text sets out the limits of these lands, distinguishing what belongs to them from the common land lying outside the bounds.

Other Primary Parties Identified

• None named individually (boundary description)

Original Document Language Middle Scots

Purpose Description of the marches (boundaries) of the lands of Gwtheryn.

Modern English Translation The marches of Gwtheryn.

70 In the first, beginning at Ellok at the Quheitscheid Newk, so passing east the Greyn Reysk to Laithan Den, and so passing up the Laithan Den and out through to the west side of Grundaly, and from that to the Greyn Wellis and Drumnagar, and so passing east downward the Greyn Laich to Gemmylis Myr, and from that passing down over our own lands, the rest being in common outside these bounds to the teill ryggis of Quhairfumewyr.

Historical or Genealogical Significance

• This is a dedicated march description for the lands of Gwtheryn itself.
• It provides detailed topographical markers (Ellok, Quheitscheid Newk, Greyn Reysk, Laithan Den, Grundaly, Greyn Wellis, Drumnagar, Greyn Laich, Gemmylis Myr, etc.).
• Confirms that Gwtheryn / Gutheryn was treated as a distinct territorial unit with defined bounds in the late medieval period.

Liber S. Thome de Aberbrothoc – Pars Altera (Registrum Nigrum)
Pages 302–303 (Manuscript folio 371)

Date of the Entry 8 March 1496

Place Identified

• Terrae de Guthyn (the lands of Guthyn)
• Vestirbrex (Wester Brex)

Role of the Place The lands of Guthyn (together with Vestirbrex) and their garbal teinds are set in tack for 19 years to Sir Thomas Ogilvy, knight. The term is to begin immediately after the expiry of the previous tack held by Magister Malcolm Guthre.

Other Primary Parties Identified

• David, Abbot of Arbroath
• Dominus Thomas Ogilwy, miles (Sir Thomas Ogilvy, knight) – new tenant
• Magister Malcolmus Guthre – previous tenant whose tack is expiring

Original Document Language Latin

Purpose Nineteen-year tack of the Abbey’s lands of Guthyn and Vestirbrex with the garbal teinds, granted to Sir Thomas Ogilvy and his assignees/subtenants of no higher status.

Modern English Translation Guthyn is set in tack to lord Thomas Ogilvy.

371 We, David, abbot of Arbroath … set in tack … to lord Thomas Ogilvy, knight, and his assignees and subtenants … provided they are not of higher status than himself … and that the assignees are admitted by the abbot and convent … our lands of Guthyn and Vestirbrex … together with the garbal teinds … in our regality of Arbroath and within the sheriffdom of Forfar for terms of nineteen years … the term of entry beginning on the feast of Pentecost immediately following the expiry of the terms of the tack of Magister Malcolm Guthre … Paying … twenty bolls of clean and good barley and forty bolls of meal with the measure of the current market at the terms … and three pounds six shillings and eight pence of the money of Scotland at the feasts of Pentecost and St Martin …

[Further clauses concerning riding with the abbot, relaxation of husbandman burdens except leading peats, hay and tiles, and the abbot’s right to dispose of the lands if the rent is not properly paid.]

At the monastery, the eighth day of the month of March in the year of Our Lord 1496.

Historical or Genealogical Significance

• Confirms that the lands of Guthyn were an Abbey property held under successive tacks.
• Explicitly links the place to the previous tenant, Magister Malcolm Guthre.
• Shows the lands of Guthyn being transferred from a Guthrie tenant to Sir Thomas Ogilvy in 1496.

Liber S. Thome de Aberbrothoc – Pars Altera (Registrum Nigrum)
Page 477 (Manuscript folio 684)

Date of the Entry 14 February 1527

Place Identified

• Terrae villae de Gwthyn (the lands of the town of Gwthyn / Guthyn)

Role of the Place The lands of the town of Gwthyn, together with their garbal teinds, are set in tack for 19 years to Henry Fethe, lord of Ballysak, and Helen Stratone his spouse (and their assignees/subtenants of no higher status). The lands had previously been occupied by Henry himself and his eldest son and heir.

Other Primary Parties Identified

• The Abbot of Arbroath (“Idem”)
• Henricus Fethe, dominus de Ballysak (Henry Fethe, lord of Ballysak) – principal tenant
• Helena Stratone (Helen Stratone), his spouse
• Alexander Fethe and David Fethe – sons of Henry and Helen (contingent successors)

Original Document Language Latin

Purpose Nineteen-year tack of the lands of the town of Gwthyn and the garbal teinds of the same, with power to impose and remove subtenants.

Modern English Translation 684 The same sets in tack for nineteen years to Henry Fethe, lord of Ballysak, and Helen Stratone his spouse, and their assignees and subtenants not of higher status, the lands of the town of Gwthyn and the garbal teinds of the same, which the same Henry and his eldest son and heir were occupying, with power of imposing and expelling subtenants; and if they should fail or be removed from the midst before the end of the nineteen years, then to Alexander Fethe and David Fethe, sons of the said Henry and Helen, and their assignees and subtenants as aforesaid. Paying forty bolls of meal and twenty bolls of pure and dry barley at the terms of paying victual, and five merks of the money of Scotland at the usual terms; and leading ten cartloads of peats and as many of hay, and leading tiles whenever they shall be warned, as the other husbandmen do. 14 February 1527.

Historical or Genealogical Significance

• Shows the lands of Gwthyn / Guthyn still being set in tack by the Abbey in 1527.
• The previous occupants were Henry Fethe and his eldest son (not a Guthrie in this instance).
• Continues the documentary record of Guthyn as an Abbey estate into the early sixteenth century.

Liber S. Thome de Aberbrothoc – Pars Altera (Registrum Nigrum)
Pages 481–482 (Manuscript folio 696)

Date of the Entry 15 May 1528

Place Identified

• Terrae villae de Guthyn (the lands of the town of Guthyn)

Role of the Place The lands of the town of Guthyn, together with the garbal teinds, are set in life-tack to Henry Fethe of Ballysak and Elene Straton his spouse (and their assignees/subtenants of no higher status), with succession to their sons Alexander and David Fethe under specific sharing provisions.

Other Primary Parties Identified

• The Abbot of Arbroath (“Idem”)
• Henricus Fethe de Ballysak (Henry Fethe of Ballysak) – principal life-tenant
• Elene Straton (Helen Straton), his spouse
• Alexander Fethe and David Fethe – sons of Henry and Helen (successors)

Original Document Language Latin

Purpose Life-tack of the lands of the town of Guthyn with the garbal teinds, with detailed succession arrangements between the two sons.

Modern English Translation 696 The same sets in tack for the whole term of life to Henry Fethe of Ballysak and Elene Straton his spouse and their assignees and subtenants not of higher status the lands of the town of Guthyn with the garbal teinds; and if they should fail or be removed from the midst, then to Alexander Fethe and David Fethe their sons and their assignees and subtenants as aforesaid, with power of imposing and expelling subtenants; provided that the said Alexander shall not occupy more of the said lands than David his brother, and the town shall be divided between them by equal portions; and if the said Alexander should fail or be removed from the midst, David shall occupy the whole land of the said town with the teinds, and vice versa. Paying forty bolls of meal and twenty bolls of clean pure and dry barley at the terms of payment, and five merks of the money of Scotland at the usual terms; and leading ten cartloads of peats and as many of hay, and leading tiles whenever they shall be warned, as the other husbandmen do. 15 May 1528.

Historical or Genealogical Significance

• Converts the previous 19-year tack of Guthyn (1527) into a life-tack for Henry Fethe and his wife, with clear succession to their two sons.
• Shows the continued importance of the lands of Guthyn as an Abbey estate into the late 1520s.
• No Guthrie personal name appears in this particular tack.

No. 102
Register of Bishopric of Brechin

^{Registrum Episcopatus Brechinensis}

The Registrum Episcopatus Brechinensis (2 vols., 1856 Bannatyne Club edition) is the definitive published collection of the medieval and early modern records of the Bishopric of Brechin. It contains the compiled register of acts, chapter declarations, notarial instruments, and (in Vol. 2) original charters. Guthrie family members appear across four centuries as prebendaries, portioners, lairds of specific estates (Kincaldrum, Balnabreche, Pitforthie, Lunan), civic officials (bailie of Brechin), royal/episcopal administrators, and holders of the collegiate church of Guthre itself. This is prime primary evidence for the Angus Guthries’ status, landholdings, and ecclesiastical ties.

Alphabetical List of All Guthrie (and Variant) References

Alexander de Guthre / de Kyncaldrum (Kincaldrum branch) 
Juror (assize member) in the 1450 inquisition confirming the ancient market/forum rights of Brechin citizens and the bishop’s jurisdictional rights over the waters of the South Esk and Tay. 
Citation: Vol. 2, Appendix p. 42 (inquisition dated 21 July 1450); cross-referenced in main register p. 111 and index under Alexander de, de Kyncaldru m (App. 79).

Andreas Guthre (also Andreas de Wester Balnabreche) 
Appears as bailie (ballivo) for family lands in Wester Balnabreche in a sasine/precept issued by Jacobus Guthre portionarius de Balnabreche; also linked to collegiate church of Guthre contexts. 
Citation: Vol. 2, Appendix pp. 227, 336 (and related precepts/sasines, late 16th/early 17th c.); index App. 230, 336.

David de Guthrye / de Kyncaldrum (Kincaldrum branch; also styled thesaurarius regius) 
Appointed (with John de Schoriswood) as camerarius of Bishop George of Brechin to hold the Iter camerarie (chamberlain’s circuit/court) in Brechin; involved in a contested notarial instrument in the Brechin tolbooth. Styled royal treasurer in the index at these pages. Witness includes Thomas de Guthre. One of the most prominent 15th-century appearances. 
Citation: Vol. 1, pp. 188–190 (full notarial instrument dated 28 January 1459/60); index pp. 188, 189 and App. 107. Also referenced in App. p. 107.

Dauid de Guthre (clericus curie vicecomitatus de Forfar) 
Clerk of the sheriff court of Forfar; appears in court/assize records concerning mills and episcopal rights in Brechin. 
Citation: Vol. 2, Appendix p. 84 (court session 19 March 1450); index App. 84.

Dauid de Guthre (clericus parochialis de Brechin) 
Parish clerk of Brechin; appears in local ecclesiastical administration and property-related documents. 
Citation: Vol. 1 / Appendix references around p. 164; index App. 164.

Egidia Guthre
Mentioned in tenement/boundary contexts in Brechin. 
Citation: Vol. 2, Appendix p. 120; index App. 120.

Gabriel Guthre
Confirmed in the provostry (prepositura) of the collegiate church of Guthre by royal precept (alongside Andrew Guthre receiving a prebend). 
Citation: Vol. 1, Tabula / Ex Registro Secreti Sigilli (3 February 1576–7); Vol. 2, Appendix p. 336 and CCCV; index App. 336.

Henricus Guthre (burgensis de Dundee) 
Burgess of Dundee; appears in civic and property records. 
Citation: Vol. 2, Appendix p. 235; index App. 235.

Henricus Guthre (de Colestoun) 
Associated with Colestoun/Colliston lands. 
Citation: Vol. 2, Appendix p. 305; index App. 305.

Hugo Guthre
Linked to collegiate church of Guthre / prebend contexts. 
Citation: Vol. 2, Appendix p. 336 and related; index App. 336.

Isobell Guthre
Appears (with consent) in a 1613 procuratory of resignation involving family networks (Leslie connections) and James Guthrie, minister at Orquhart. 
Citation: Vol. 2, Appendix CLXXVII (10 March 1613); index App. 240.

Jacobus Guthre (also Jacobus de Pitforthie; Jacobus portionarius de Balnabreche) 
Portioner of Balnabreche lands; issues precepts/sasines for annual rents from those lands (with Andreas Guthre de Wester Balnabreche as bailie). Also laird of Pitforthie (recipient of 1637 charter from John Mortimer). 
Citation: Vol. 2, Appendix pp. 227, 246, 370 and CLXXXVII (24 February 1637); index App. 227, 246, 370.

James Guthre (minister at Orquhart) 
Minister at Orquhart; appears as consenter/witness in 1613 family procuratory involving Isobell Guthrie. 
Citation: Vol. 2, Appendix CLXXVII (10 March 1613); index App. 240.

Johannes / Joannes Guthre (de Guthre and variants) 
Multiple appearances as landowner/tenant and witness in Brechin burgh charters and boundary clauses (e.g., 1429 charter of Walter, Earl of Atholl uses “heirs of the late John de Guthry” as a boundary; 1497 charter of David Rait lists Johanne Guthre as witness; later App. charters show him in tenement descriptions). 
Citation: Vol. 1, pp. 52–53 (1429), 215, 229; Vol. 2, Appendix pp. 19, 20, 120, 136–139, 153–154, 158, 159, 160, 172, 183, 215, 216, 229, 302 and related; index pp. 52, 55 and App. 19, 20, 159, 160, 215, 216, 229, etc.

Joneta Guthre
Appears in tenement and sasine contexts in Brechin. 
Citation: Vol. 2, Appendix p. 173; index App. 173.

Malcolmus Guthre (ballivus Brechinensis) 
Bailie of Brechin; his tenement in Brechin is repeatedly used as a boundary marker in charters. 
Citation: Vol. 2, Appendix pp. 98, 111, 112, 120, 274; index App. 98, 111, 112, 120, 274.

Patricius Guthre (de Guthre and Patricius Guthre filius Cristine Rattray) 
Receives feu confirmation of the lands of Dawgathy (barony of Kethik) in 1575. Earlier references in App. 68. 
Citation: Vol. 2, Appendix CCCIII (10 July 1575) and p. 68; index App. 68, 336.

Ricardus Guthre (prebendarius de Lethnot) 
Prebendary of Lethnot; assessed/pays tax on the prebend for cathedral choir repairs (1450). 
Citation: Vol. 1, p. 124 (1450 taxation/assessment instrument); Vol. 2, Appendix p. 72; index p. 124 and App. 72.

Robert Guthre (of Lunane / Lunane) 
Receives 19-year tack (lease) of the teinds of Ovir Dysart (1583). 
Citation: Vol. 2, Appendix CCCXXXIII (26 December 1583); index App. 345.

Thomas Guthre (magister Thomas de Guthre in artibus) 
Witness (styled “in artibus”) in the major 1459/60 notarial instrument involving David Guthrye de Kyncaldrum. Earlier prebendary of Guthry references also exist. 
Citation: Vol. 1, pp. 188–190 (28 January 1459/60 instrument); index p. 190 and earlier prebend references.

Walterus Guthre (de Lownan / Lownan connections) 
Juror in the 1450 perambulation of boundaries on the water of Cruok (alongside Willelmus Guthere de Lownan and Walterus Carnegy de Guthere). 
Citation: Vol. 1, pp. 148–150; index p. 150 and related.

Willelmus Guthre (de Lownan) 
Juror in the same 1450 Cruok water perambulation; his heirs’ lands referenced in later boundaries. 
Citation: Vol. 1, pp. 148–150; Vol. 2, Appendix p. 226 and related; index pp. 148, 150 and App. 226.

Additional Notes:

• Prebenda de Guthry / Ecclesia Collegiata de Guthre: Treated as a distinct simple prebend of Brechin Cathedral (1372 chapter declaration, transsumpt 1449). Later royal confirmations (1576–7) explicitly name Gabriel Guthre (provostry) and Andree Guthre (prebend of Hiltoun and Langlandis). This is one of the strongest threads showing long-term family association with the collegiate church that bears their name. Citation: Vol. 1 (1372 declaration + 1576–7 precepts); Vol. 2, Appendix p. 77 and CCCV.
• General pattern across the source: 14th–15th century entries emphasize prebends, Brechin burgh land boundaries, and administrative/judicial roles (camerarius, ballivus, jurors, court clerks). 16th–17th century Appendix entries show continuity of landholding (Balnabreche, Pitforthie, Lunan, Dawgathy) and post-Reformation family members in teind tacks, sasines, and collegiate church offices.

No. 102
Register of the Bishopric of Brechin
Volume 1

Register of the Bishopric of Brechin – Tabula Entry No. 90

Date of the Entry 28 January 1459/60 (fo. xxviij, b.)

Guthrie(s) Identified

• Magister Dauid Guthre de Kyncaldrum (Master David Guthrie of Kincaldrum)

Guthrie Role Jointly named (with John de Schoriswod) as the person appointed to hold the Iter Camerarie in the city of Brechin.

Other Primary Parties Identified

• Johannes Schoriswod, brother-german of George, Bishop of Brechin

Original Document Language Latin (Tabula entry)

Purpose Finding-aid entry in the Tabula directing the reader to the full notarial instrument of the camerariate.

Modern English Translation 90. Instrument of the Camerariate for holding the Iter Camerarie in the City of Brechin by John Schoriswod, brother-german of George, Bishop of Brechin, and Master David Guthre of Kyncaldrum. [28 Jan. 1459-60. fo. xxviij, b.]

Historical or Genealogical Significance

• Confirms that the important 1459/60 appointment of Master David Guthrie of Kincaldrum was considered significant enough to receive its own numbered entry in the Tabula.

Legal Terms and Scottish Practices

• Instrumentum Camerariatus / Iter Camerarie: Formal record of the appointment to hold the chamberlain’s ayre (administrative and judicial circuit) on behalf of the bishop.

Register of the Bishopric of Brechin – Tabula Entry No. LXIX (69)

Date of the Entry 17 November 1485

Guthrie(s) Identified

• Malcolmus Guthre (Malcolm Guthrie), formerly a citizen of Brechin

Guthrie Role Named as the grantor (“probi viri Malcomi Guthre olim civis Brechinensis”) of a charter listed in the Tabula.

Other Primary Parties Identified

• None in the Tabula entry itself

Original Document Language Latin (Tabula entry)

Purpose Finding-aid entry in the Tabula directing the reader to a charter granted by the worthy man Malcolm Guthrie, formerly a citizen of Brechin.

Modern English Translation LXIX. Charter of the worthy man Malcolm Guthre, formerly a citizen of Brechin. [17 Nov. 1485.]

Historical or Genealogical Significance

• Records a Malcolm Guthrie who was a citizen (burgess) of Brechin and who issued a charter in 1485.
• Consistent with other late-15th-century appearances of the name Malcolm Guthrie in Brechin contexts (including the bailie whose tenement is frequently used as a boundary marker).

Legal Terms and Scottish Practices

• Carta probi viri: Standard Tabula phrasing for a charter issued by a layman of good standing.
• Olim civis Brechinensis: Indicates he had been a burgess of Brechin (possibly no longer resident or active at the time of the Tabula compilation).

Register of the Bishopric of Brechin – Tabula Entry No. CLV (155)

Date of the Entry 9 June 1589

Guthrie(s) Identified

• Jacobus Guthre (James Guthrie)

Guthrie Role Grantor of a precept of sasine (with the consent of his spouse) in favour of John Daiker and his wife.

Other Primary Parties Identified

• The spouse of James Guthrie (unnamed in the Tabula)
• Joannes Daiker and his wife (grantees)

Original Document Language Latin (Tabula entry)

Purpose Finding-aid entry in the Tabula directing the reader to a precept of sasine issued by James Guthrie.

Modern English Translation CLV. Precept of Sasine by James Guthre, with the consent of his spouse, in favour of John Daiker and his spouse. [9 Jun. 1589.]

Historical or Genealogical Significance

• Records a James Guthrie active in 1589 who, together with his wife, granted a precept of sasine.
• Fits the pattern of later 16th-century Guthrie land transactions appearing in the Appendix material.

Legal Terms and Scottish Practices

• Praeceptum Saisinae: Precept of sasine – the written order by a superior or landowner authorizing the giving of sasine (formal possession) of land.
• Cum consensu suae sponsae: The consent of the wife was required when the property involved her rights (e.g., conjunct fee or terce).

Register of the Bishopric of Brechin – Tabula Entry No. CLXXVII (177)

Date of the Entry 10 March 1613

Guthrie(s) Identified

• Isobell Guthrie (Isobel Guthrie)
• Mr. James Guthrie, minister at Orquhart

Guthrie Role

• Isobel Guthrie is one of the grantors of the procuratory of resignation (with the consent of Patrick Leslie).
• Mr. James Guthrie, minister at Orquhart, is named among those giving consent.

Other Primary Parties Identified

• Christiane Leslie and William Leslie her spouse
• Patrik Leslie of Kincregie
• George Leslie, friar of Kincregie (her son)
• Jhone Leslie in Baldeforro (his brother)
• George Barroun of Kynnard
• Johne Oudny (grantee)

Original Document Language English (Tabula entry)

Purpose Finding-aid entry in the Tabula directing the reader to a procuratory of resignation involving members of the Leslie and Guthrie families in favour of John Oudny.

Modern English Translation CLXXVII. Procuratory of Resignation granted by Christiane Leslie and William Leslie her spouse, Patrick Leslie of Kincregie, George Leslie friar of Kincregie her son, and John Leslie in Baldeforro his brother, and Isobell Guthrie with consent of the said Patrick Leslie, George Barroun of Kynnard, and Mr. James Guthrie minister at Orquhart, in favour of John Oudny. [10 Mar. 1613.]

Historical or Genealogical Significance

• Records Isobel Guthrie as a participant in a 1613 family property transaction involving the Leslie family of Kincregie.
• Identifies Mr. James Guthrie as minister at Orquhart (Urquhart) at the same date and as a consenter to the resignation.
• Shows continued Guthrie involvement in north-east landed and clerical networks into the early 17th century.

Legal Terms and Scottish Practices

• Procuratory of Resignation: A formal written authority by which a landholder resigns property into the hands of a superior so that it may be re-granted to a new holder.
• Consent of multiple family members and a minister was often required when rights of succession or marital interests were involved.

Register of the Bishopric of Brechin – Tabula Entry No. CLXXXVII (187)

Date of the Entry 24 February 1637

Guthrie(s) Identified

• Jacobus Guthrie de Pitforthie (James Guthrie of Pitforthie)

Guthrie Role Recipient of a charter from John Mortimer, formerly of Craigievar.

Other Primary Parties Identified

• Joannes Mortimer olim de Craigievar (John Mortimer, formerly of Craigievar) – grantor

Original Document Language Latin (Tabula entry)

Purpose Finding-aid entry in the Tabula directing the reader to a charter granted by John Mortimer, formerly of Craigievar, to James Guthrie of Pitforthie.

Modern English Translation CLXXXVII. Charter of the aforesaid John Mortimer, formerly of Craigievar, to James Guthrie of Pitforthie. [24 Feb. 1637.]

Historical or Genealogical Significance

• Records James Guthrie of Pitforthie as the recipient of a charter from John Mortimer in 1637.
• Confirms the Pitforthie branch of the family as active landowners in the early 17th century.
• Matches the earlier summary entry for Jacobus Guthre de Pitforthie.

Legal Terms and Scottish Practices

• Carta: A formal charter of grant or conveyance.
• The designation “olim de Craigievar” indicates that John Mortimer had previously held that estate.

Register of the Bishopric of Brechin – Tabula Entry No. CCCIII (303)

Date of the Entry 10 July 1575

Guthrie(s) Identified

• Patricius Guthrie (Patrick Guthrie), son of Christine Rattray

Guthrie Role Recipient (together with his mother Christine Rattray) of a precept of a charter of confirmation of the town and lands of Dawgathy.

Other Primary Parties Identified

• Cristine Rattray (Christine Rattray), mother of Patrick Guthrie

Original Document Language Latin (Tabula entry)

Purpose Finding-aid entry in the Tabula directing the reader to a precept for a charter confirming the lands of Dawgathy to Christine Rattray and her son Patrick Guthrie.

Modern English Translation CCCIII. Precept of a charter of confirmation of the town and lands of Dawgathy to Christine Rattray and Patrick Guthrie her son. [10 Jul. 1575.]

Historical or Genealogical Significance

• Records Patrick Guthrie as the son of Christine Rattray and as a landholder (or confirmed holder) of the lands of Dawgathy in 1575.
• Matches the earlier summary entry for Patricius Guthre receiving the feu confirmation of Dawgathy (barony of Kethik).

Legal Terms and Scottish Practices

• Preceptum carte confirmationis: Precept authorizing the issue of a charter of confirmation (typically confirming a previous grant or feu).
• Joint confirmation to a mother and her son was a common way of securing the family’s title.

Register of the Bishopric of Brechin – Tabula Entry No. CCCV (305)

Date of the Entry 3 February 1576/7

Guthrie(s) Identified

• Gabriel Guthre (Gabriel Guthrie)
• Andreas Guthre (Andrew Guthrie)

Guthrie Role

• Gabriel Guthrie receives confirmation of the provostry (prepositura) of the collegiate church of Guthre.
• Andrew Guthrie receives confirmation of a prebend of the same collegiate church.

Other Primary Parties Identified

• None named beyond the two Guthrie recipients

Original Document Language Latin (Tabula entry)

Purpose Finding-aid entry in the Tabula directing the reader to a precept of letters of confirmation concerning the provostry and a prebend of the collegiate church of Guthre.

Modern English Translation CCCV. Precept of letters of confirmation of the provostry of the collegiate church of Guthre to Gabriel Guthre and of a prebend of the said church to Andrew Guthre. [3 Feb. 1576-7.]

Historical or Genealogical Significance

• One of the strongest documentary links between the Guthrie family and the collegiate church that bears their name.
• Shows two members of the family (Gabriel and Andrew) simultaneously holding the highest offices in the collegiate church of Guthre in the post-Reformation period (1576/7).
• Confirms the continued institutional existence of the collegiate church of Guthre into the later 16th century.

Legal Terms and Scottish Practices

• Prepositura ecclesie collegiate: The provostry (headship) of a collegiate church.
• Prebenda: A simple prebend within the same collegiate foundation.
• Preceptum litere confirmationis: Precept authorizing royal or episcopal letters of confirmation of the offices.

Register of the Bishopric of Brechin – Tabula Entry No. CCCXXXIII (333)

Date of the Entry 26 December 1583

Guthrie(s) Identified

• Robert Guthrie of Lwnane (Robert Guthrie of Lunan)

Guthrie Role Recipient of a nineteen-year tack of the teinds of Over Dysart.

Other Primary Parties Identified

• None named in the Tabula entry

Original Document Language English (Tabula entry)

Purpose Finding-aid entry in the Tabula directing the reader to a nineteen-year tack of the teinds of Over Dysart granted to Robert Guthrie of Lunan.

Modern English Translation CCCXXXIII. Tack for nineteen years of the teinds of Ovir Dysart to Robert Guthrie of Lwnane. [26 Dec. 1583.]

Historical or Genealogical Significance

• Records Robert Guthrie of Lunan as the tacksman of the teinds of Over Dysart in 1583.
• Continues the association of the Lunan branch of the family with ecclesiastical teinds in the later 16th century.
• Matches the earlier summary entry for Robert Guthre of Lunane.

Legal Terms and Scottish Practices

• Tack: A lease (here of teinds) for a fixed term of years.
• Nineteen-year tacks were a common form of temporary alienation of teinds in post-Reformation Scotland.

Register of the Bishopric of Brechin Pages 19–20 (Manuscript folio 15)

Date of the Entry Monday after Trinity Sunday, 1372

Place / Prebend Identified

• Prebenda de Guthry (the prebend of Guthry / Guthre)

Role of the Place / Prebend Formally declared to be one of the six simple (compatible) prebends of Brechin Cathedral. At the date of the declaration it was held by Thomas de Luchris (Thomas of Lathrisk / Luchris).

Other Primary Parties Identified

• Patricius, Bishop of Brechin
• The Chapter of Brechin
• Fergusius de Tulache, precentor
• Ricardus de Monte Alto, cancellarius
• Matheus de Abirbrothoc, thesaurarius
• Stephanus de Cellario, archidiaconus
• Willelmus de Dalgarnok, vicarius
• Randulphus Wyld, subdecanus
• Johannes de Drum, prebendarius de Butirgill
• Thomas de Luchris, prebendarius de Guthry
• Johannes Wild, rector de Logy
• Johannes de Gaok, vicarius de Monzeky
• Alexander Doge, vicarius de Dunnychtyne

Original Document Language Latin

Purpose Formal declaration by the bishop and chapter defining the number, nature, and compatibility of the dignities, offices, and prebends of Brechin Cathedral.

Modern English Translation (Relevant extract)

… We have found and created eleven benefices in the form of canonries anciently founded in the said church. Of which four are dignities, namely the deanery, the chantorship, the chancellorship, and the treasurership; the fifth, namely the archdeaconry, is an office in the said church. And these five benefices are styled incompatible with other benefices. The remaining six benefices, namely the vicarage, the pensionary, the subdeanery, Kilmoir, Butirgill, and Guthry, we have found to be simple prebends and compatible with a cure and with any other benefice …

… in the presence of the discreet men … Thomas de Luchris, prebendary of Guthry …

Historical or Genealogical Significance

• This is the earliest formal chapter declaration establishing the prebend of Guthry/Guthre as one of the six simple prebends of Brechin Cathedral (1372).
• It provides the institutional foundation for all later references to the prebend of Guthre.
• Thomas de Luchris is the earliest named prebendary of Guthry in the register.

Legal Terms and Scottish Practices

• Dignitates vs. simplices prebendae: Distinction between the major dignities (incompatible) and the simple prebends (compatible with other benefices or cures).
• Compassibiles / incompassibiles: Canonical terminology for whether a benefice could be held with another.
• Chapter declaration made after inspection of statutes, muniments, and long-established custom.

Register of the Bishopric of Brechin Pages 52–53 (Manuscript folio 34)

Date of the Entry 31 October 1429

Guthrie(s) Identified

• Johannes de Guthry (John of Guthry), deceased – his heirs’ land used as a boundary

Guthrie Role The land of the heirs of the late John de Guthry forms the northern boundary of the plot granted by Walter, Earl of Atholl, for the residence of the college priests and boys in Brechin.

Other Primary Parties Identified

• Walterus, Palatinus de Stratherne, Atholie et Cathanie comes, dominus de Brechin et de Cortowquhy (Walter, Earl of Atholl, etc.) – grantor
• The church of the Holy Trinity of Brechin
• The four priests and six boys of the newly founded college

Original Document Language Latin

Purpose Charter granting a piece of land at the west end of the town of Brechin for the perpetual residence and habitation of the four priests and six boys founded by the Earl and Bishop John in the cathedral.

Modern English Translation (Relevant extract)

… that land of ours lying at the west end of the town of Brechin on the west side of a certain vennel extending in length toward the south and north, between the land of the heirs of the late John de Guthry on the north side on the one hand and a certain narrow vennel on the south side on the other, for the perpetual residence and habitation of the four priests and six boys newly founded by us and the reverend father in Christ John the bishop in the said church for the celebration of divine service …

Historical or Genealogical Significance

• Provides an early 15th-century boundary reference to lands in Brechin formerly belonging to John de Guthry, now held by his heirs.
• Consistent with other appearances of men named John Guthrie / de Guthry in Brechin property contexts.

Legal Terms and Scottish Practices

• In feodo et hereditate imperpetuum: Grant in fee and heritage for ever.
• Warantizabimus et defendemus: Full warrandice by the grantor and his heirs.
• Boundary description using neighbouring properties (including the heirs of John de Guthry) to define the gifted land.
• The grant is made in free alms essentially (the only return required is the prayers of the priests and boys).

Register of the Bishopric of Brechin Pages 59–61 (Manuscript folio 39)

Date of the Entry 14 April 1434

Place / Prebend Identified

• Prebenda de Guthre (the prebend of Guthre)

Role of the Place / Prebend The prebend of Guthre is held at this date by Willelmus Hawik (William Hawik), who appears as a witness to the instrument.

Other Primary Parties Identified

• Johannes, Bishop of Brechin
• Dominus Johannes Liel, thesaurarius of the church of Brechin
• Cuthbertus, decanus
• Gilbertus, cantor
• Gaufridus, cancellarius
• Hugo, subdecanus
• Johannes Steil, prebendarius de Kilmoir
• Willelmus Hawik, prebendarius de Guthre
• Willelmus de Heslyhoipe, rector de Cortoquhy
• Robertus Wylye, vicarius de Kilcoldrum
• Johannes Willelmi, officialis Brechinensis
• Johannes Guydfallo, vicarius de Glenberwy
• Alexander Thome, vicarius de Stracathro
• Laurentius Pyot, notary public

Original Document Language Latin

Purpose Notarial instrument recording that Bishop John of Brechin, having vowed while returning from France to give two silver candelabra to the church of Brechin, instead delivered six silver-gilt cups and one silver-gilt covered cup to the cathedral treasury for the common use of the dean and canons.

Modern English Translation (Relevant extract)

… present there the venerable men, lords Cuthbert the dean, Gilbert the cantor, Geoffrey the chancellor, Hugh the subdean, John Steil prebendary of Kilmoir, William Hawik prebendary of Guthre, William de Heslyhoipe rector of Cortachy, Robert Wylye vicar of Kirkcaldy, John Williamson official of Brechin, John Guydfallo vicar of Glenbervie, Alexander Thomson vicar of Stracathro, with many others both of the diocese and of the chaplains of the choir specially called and requested. And I, Laurence Pyot, priest of the diocese of St Andrews, public notary by apostolic authority, etc.

Historical or Genealogical Significance

• Documents that the prebend of Guthre was an established simple prebend of Brechin Cathedral by 1434.
• At this date the prebendary was William Hawik (not a member of the Guthrie family).
• Provides early evidence of the collegiate / prebendal status of Guthre within the cathedral chapter.

Register of the Bishopric of Brechin Pages 121–125 (Manuscript folio 65)

Date of the Entry 19–20 August 1448

Guthrie(s) Identified

• Magister Ricardus Guthry (Master Richard Guthrie)
• Prebenda de Guthry (the prebend of Guthry), held or assessed in the names of Magister Willelmus Hawik and Willelmus de Forbas

Guthrie Role

• Master Richard Guthrie is assessed at 5 merks for the prebend of Lethnot.
• The prebend of Guthry itself is assessed (20 shillings on William Hawik; 40 shillings on William of Forbes).

Other Primary Parties Identified

• Johannes, Bishop of Brechin
• Magister Johannes Lychtoun, dean and common procurator of the chapter
• Various other canons assessed for the taxation (including the cantor, archdeacon, etc.)

Original Document Language Latin

Purpose Chapter proceedings concerning the enforcement of a papal bull and earlier statute requiring the bishop, dean, and canons to contribute specified sums for the repair and augmentation of the choir copes (cappae) of Brechin Cathedral.

Modern English Translation (Relevant extracts)

… And Master William Hawik, according to the statute, 20 shillings for the prebend of Guthry, because they demitted the prebends before the exhibition of the bull and after the statute was issued and during the procuratorship of the said dean.

… Master Richard Guthry for Lethnot, 5 merks. William of Forbes for Guthry, 40 shillings …

Historical or Genealogical Significance

• Confirms Master Richard Guthrie as prebendary of Lethnot in 1448 and liable for the cathedral taxation.
• Shows the prebend of Guthry still being assessed as a distinct simple prebend (held or recently held by William Hawik and also associated with William of Forbes).
• Provides a mid-15th-century financial snapshot of both the Lethnot and Guthry prebends.

Legal Terms and Scottish Practices

• Taxacio / summe taxate: Assessed contributions imposed by papal bull and chapter statute for a specific fabric purpose (choir copes).
• Procurator communis capituli: The common procurator of the chapter (here the dean) was responsible for collecting the sums.
• Personal liability of canons for the taxation of their prebends, with lists of those who had not yet paid.

Register of the Bishopric of Brechin Pages 128–138 (Manuscript folio 68)

Date of the Entry 11 June 1450 (transsumpt) (containing earlier material dated 1372 and later statutes)

Place / Prebend Identified

• Prebenda de Guthre / Guthri (the prebend of Guthre)

Role of the Place / Prebend The prebend of Guthre is confirmed as one of the simple prebends of Brechin Cathedral. Successive holders are named across the documents transumed:

• 1372: Thomas de Lathress, prebendary of Guthri
• Later (statutes of Bishop Walter Forestar / John): John Mowet, prebendary of Guthre
• Mid-15th century: Master William de Hawyk, prebendary of Guthri (who personally subscribed the statutes)
• 1450: Andrew Schull appears as vicar of Guthre (witness)

Other Primary Parties Identified

• Johannes Willelmi, officialis generalis Brechinensis (the official conducting the transsumpt)
• Various bishops of Brechin (Patrick, Walter Forestar, John)
• Chapter of Brechin (dean, cantor, chancellor, treasurer, canons)
• Thomas de Lathress, prebendary of Guthri (1372)
• John Mowet, prebendary of Guthre
• Master William de Hawyk, prebendary of Guthri
• Andrew Schull, vicar of Guthre (1450 witness)

Original Document Language Latin

Purpose Notarial transsumpt of earlier chapter declarations and statutes concerning the dignities, offices, and prebends of Brechin Cathedral, including the formal recognition of the prebend of Guthre as one of the simple prebends.

Modern English Translation (Relevant extracts)

… Thomas de Lathress, prebendary of Guthri …

… lord John Mowet, prebendary of Guthre …

… And I, Master William de Hawyk, prebendary of Guthri, consented and swore and subscribed this letter with my own hand …

… present there the discreet men and lords Andrew Schull, vicar of Guthre, William Henry, Donald Mames, Thomas Nesse, Andrew Fynlaii, Robert Crumby, chaplains, with many other witnesses called and requested to the premises …

Historical or Genealogical Significance

• Provides the earliest clear documentary evidence (1372) that the prebend of Guthre was an established simple prebend of Brechin Cathedral.
• Shows continuity of the prebend through the late 14th and 15th centuries with named holders (Thomas de Lathress → John Mowet → William de Hawyk).
• Demonstrates that by 1450 the church of Guthre also had a vicar (Andrew Schull).
• This is one of the strongest threads linking the place-name Guthre to the institutional structure of Brechin Cathedral.

Register of the Bishopric of Brechin Pages 138–141 (Manuscript folio 69)

Date of the Entry 21 July 1450

Guthrie(s) Identified

• Magister Alexander de Guthre (Master Alexander Guthrie)
• Walterus Carnegy de Guthre (Walter Carnegie of Guthrie)

Guthrie Role Both appear among the nobles, probi et fideles patrie who were called and served on the assize / inquisition concerning the liberty of the market (forum) of Brechin.

Other Primary Parties Identified

• Johannes de Ogilwy de Luntrethyn, miles, vicecomes (John Ogilvy of Inverquharity, knight, sheriff-depute)
• Walter Lindesay de Kynblathmont
• Walter Ogilwy de Beufurd
• William Ouchtirlony de Kelly
• David Dempster de Carraldstoun
• Thomas Fentoun de Ogil
• and many other local landowners and burgesses who served on the assize

Original Document Language Latin

Purpose Transsumpt and public authentication of earlier royal charters confirming the free market/forum rights of the bishop and canons of Brechin on Sundays, together with an inquisition held before the sheriff-depute into those rights.

Modern English Translation (Relevant extract)

… present there the noble and honourable men, namely Walter Lindsay of Kinblethmont, Walter Ogilvy of Beaufort, William Ouchterlony of Kelly, Master Alexander de Guthre, David Dempster of Carraldstone, Thomas Fenton of Ogil, William of Foulerton, Robert of Foulerton, John Carnegie of the same, John of Crawmond, Walter Carnegie of Guthre, David Walterston of the same, William Symmer of Balzordie … and others, witnesses specially called and requested to the premises, who all personally took part in the assize in the said inquisition.

Historical or Genealogical Significance

• Places Master Alexander Guthrie on a formal assize of local landowners in 1450 concerning important episcopal and burghal rights in Brechin.
• Walter Carnegie is styled “de Guthre,” indicating a territorial association with the lands or place of Guthrie.

Register of the Bishopric of Brechin Pages 187–191 (Manuscript folio 90)

Date of the Entry 28 January 1459/60

Guthrie(s) Identified

• Magister Dauid de Guthrye de Kyncaldrum (Master David Guthrie of Kincaldrum)
• Thomas de Guthre in artibus (Thomas Guthrie, Master of Arts) – witness

Guthrie Role Magister David Guthrie of Kincaldrum was jointly and specially appointed (with John de Schoriswood) by Bishop George of Brechin as camerarius to hold the Iter Camerarie (chamberlain’s ayre/court) in the city of Brechin. Thomas Guthrie appears as a witness to the instrument.

Other Primary Parties Identified

• Johannes de Schoriswod (John de Schoriswood), brother-german of Bishop George of Brechin and Chancellor of Scotland
• George, Bishop of Brechin
• David Dempster de Ochterles (claiming to be the rightful camerarius)
• Magister Johannes de Spaldyne, decanus Brechinensis
• Johannes Wilhelmi, officialis
• Magister Johannes de Buttergask

Original Document Language Latin (with one Scots-language protest by David Dempster)

Purpose Notarial instrument recording the appearance of John de Schoriswood and Master David Guthrie of Kincaldrum in the tolbooth of Brechin to hold the chamberlain’s ayre by the bishop’s special commission, and the unsuccessful attempt by David Dempster to block the proceedings by claiming prior appointment.

Modern English Translation (Summary of key passages)

Instrument of the Camerariate for holding the Iter Camerarie in the city of Brechin by John Schoriswood, brother-german of George, Bishop of Brechin, and Master David Guthrie of Kincaldrum.

90 In the name of God, Amen. Be it evident to all by this present public instrument that in the year of the Incarnation of our Lord 1459, according to the course and computation of the Scottish Church, on the 28th day of the month of January … there appeared in the tolbooth of the city of Brechin the honourable men John de Schoriswood, brother-german of George, Bishop of Brechin and Chancellor of Scotland, and Master David de Guthrye of Kincaldrum, camerarii of the said lord bishop, specially constituted jointly and severally to hold the Iter Camerarie in the city of Brechin by the said reverend father, as is more fully contained in their letters there read …

[David Dempster produces letters and a Scots protest claiming he alone is the rightful camerarius and attempts to prevent the court from proceeding.]

… present there the venerable and circumspect men Masters John de Spaldyne, dean of Brechin, John Williamson, official of the same, and Thomas de Guthre in arts, Master John de Buttergask of the same, Richard Williamson, and divers other witnesses …

Historical or Genealogical Significance

• One of the most prominent 15th-century appearances of the Guthrie family in the Brechin records.
• Confirms Master David Guthrie of Kincaldrum holding a high administrative office (camerarius) under the Bishop of Brechin in 1459/60.
• Thomas Guthrie (Master of Arts) appears as a witness in the same instrument, suggesting a second family member present.
• The episode illustrates the contested nature of episcopal administrative appointments in the mid-15th century.

Register of the Bishopric of Brechin Pages 196–198 (Manuscript folio 94)

Date of the Entry 13 September 1474

Place / Prebend Identified

• Prebenda de Guthre (the prebend of Guthre)

Role of the Place / Prebend The prebend of Guthre is held at this date by Jacobus Dekysoun (James Dickson), who appears as one of the canons approving and subscribing the erection of the new prebend of Futhnewyn.

Other Primary Parties Identified

• Johannes, Bishop of Brechin
• David, Earl of Crawford and Lord Lindsay (patron)
• Magister Johannes Lok, professor of sacred theology and rector of Futhnewyn (first prebendary of the new prebend)
• Johannes Spaldyn, decanus Brechinensis
• Georgius Seres, cantor
• Willelmus Auchlek, prebendarius de Glenberwy
• Willelmus Ogyly, cancellarius
• Willelmus Meldrum, subdecanus
• Robertus Broun, pensionarius
• Jacobus Balfour, prebendarius de Kylmoir
• Jacobus Dekysoun, prebendarius de Guthre
• Johannes Achilmar, officialis Brechinensis
• David Lyndesay, Comes

Original Document Language Latin

Purpose Erection of the parish church of Futhnewyn into a canonry and prebend of Brechin Cathedral, with reservation of a pension for the vicar and provisions for choir boys, and with the consent of the patron, the chapter, and the first prebendary.

Modern English Translation (Relevant extract)

… And I, James Dekysoun, prebendary of Guthre, approve the same, witness my own hand …

Historical or Genealogical Significance

• Confirms that the prebend of Guthre continued as an active simple prebend of Brechin Cathedral in 1474.
• The holder at this date was James Dickson (Dekysoun), not a member of the Guthrie family.
• Provides another dated reference in the sequence of known prebendaries of Guthre.

Legal Terms and Scottish Practices

• Erectio in canonicatum et prebendam: Formal conversion of a parish church into a cathedral canonry and prebend.
• Pensio annualis et perpetua: Reserved perpetual annual pension for the vicar.
• Jus presentandi: Right of presentation retained by the patron (Earl of Crawford).
• Collatio: Right of collation reserved to the bishop.
• Chapter consent and individual subscription by the existing canons (including the prebendary of Guthre) was required for the erection.

Register of the Bishopric of Brechin Pages 214–215 (Manuscript folio 107)

Date of the Entry 23 February 1497

Guthrie(s) Identified

• Johannes Guthre (John Guthrie)

Guthrie Role Witness to a charter of sale of a burgage tenement in Brechin.

Other Primary Parties Identified

• David Rait, ciuis ciuitatis Brechinensis (seller)
• Nobilis domina Margareta Carmychel, ducissa montis rosarum (Margaret Carmichael, Duchess of Montrose) – purchaser
• Johannes Duncani
• Willelmus Craik
• Henricus Steuinsoune
• Dominus Johannes Chapman and Walterus Clerk, priests and notaries public

Original Document Language Latin

Purpose Charter of pure sale by which David Rait sells and alienates in perpetuity his tenement in the west part of the city of Brechin (with one acre of arable land) to Margaret Carmichael, Duchess of Montrose, to be held in free burgage of the Bishop of Brechin for the annual reddendo of one penny blench ferme.

Modern English Translation (Relevant extract)

… In witness whereof my own seal is appended to this my present charter. At Brechin, the 23rd day of the month of February in the year of Our Lord 1497, before these witnesses: John Guthre, John Duncan, William Craik, Henry Stevenson, lords John Chapman and Walter Clerk, priests and notaries public, with divers others.

Historical or Genealogical Significance

• Places a John Guthrie as a witness to a burgh property transaction in Brechin in 1497.
• Consistent with other late-15th-century appearances of men named John Guthrie in Brechin burgh contexts.

Legal Terms and Scottish Practices

• Venditio pure / titulo pure venditionis: Pure sale (absolute conveyance).
• In libero burgagio: Tenure in free burgage of the bishop as superior.
• Alba firma (blench ferme): Nominal annual reddendo of one penny if asked only.
• Warrandice: The seller and his heirs warrant the tenement to the purchaser.

Register of the Bishopric of Brechin Pages 227–234 (Manuscript folio 114)

Date of the Entry 10 January 1552 (instrument); foundation charter itself dated 6 June 1541

Guthrie(s) Identified

• Johannes Guthre (John Guthrie), deceased – his heirs’ lands used as a boundary

Guthrie Role The lands of the heirs of the late John Guthrie serve as the eastern boundary of one of the acres of arable land gifted to the new chaplainry.

Other Primary Parties Identified

• Dominus David Broun, vicar pensioner of Edzell (founder)
• Johannes, Bishop of Brechin
• Chapter of Brechin
• Dominus Willelmus Broun (first chaplain named in the foundation)

Original Document Language Latin

Purpose Notarial instrument recording the presentation and registration of the foundation charter of a chaplainry at the altar of All Saints in Brechin Cathedral, endowed with various tenements, acres, and annual rents in and around Brechin.

Modern English Translation (Relevant extract)

… and one acre of arable land with pertinents lying in the same western part of the city … between the lands of the heirs of the late John Guthre on the east, the lands of the Haugh of Brechin on the west and south, and the lands called the Weitlandis on the north …

Historical or Genealogical Significance

• Provides a mid-16th-century boundary reference to lands formerly belonging to John Guthrie in the western part of Brechin.
• Indicates that by 1541/1552 the property had passed to his heirs, consistent with earlier appearances of men named John Guthrie in Brechin burgh contexts.

Legal Terms and Scottish Practices

• Fundatio capellanie: Foundation of a perpetual chaplainry.
• In puram et perpetuam elemosinam: Gift in free alms.
• Annui redditus: Annual rents assigned to support the chaplain and the poor.
• Detailed boundary clauses using neighbouring properties (including the heirs of John Guthrie) to define the gifted lands.
• Strict residence and service requirements imposed on the chaplain, with provisions for deprivation if the terms were breached.

No. 102
Register of the Bishopric of Brechin
Volume 2

Master Index – Registrum Episcopatus Brechinensis, Volume 2
(Appendix / Cartae Originales) Guthrie (and Variant) References

Registrum Episcopatus Brechinensis – Appendix Cartae Originales XIV, Page 19

Date of the Entry 8 August (year of the king’s reign 21 – James IV, i.e. 1508)

Guthrie(s) Identified

• Johannes Guthre (John Guthrie)

Guthrie Role Two annual rents payable from lands associated with John Guthrie are assigned to the chaplains of the choir of Brechin Cathedral:

• 16s. 8d. from the lands of John Guthrie lying between two vennels
• 6s. 8d. from the lands of John Guthrie occupied by Matilda Cabell

Other Primary Parties Identified

• James IV, King of Scots
• The chaplains of the choir of Brechin Cathedral (beneficiaries)
• Alexander Meldrum of Segy, Robert Litstar, Peter Seras, Thomas Monypenny (bailies of Brechin)

Original Document Language Latin

Purpose Royal precept directing the bailies of Brechin to give sasine to the cathedral chaplains of a series of small annual rents (totalling 13 merks 8d.) that the king had previously mortified to them from various properties in the burgh.

Modern English Translation (Relevant extracts)

… From the lands of John Guthre between two vennels, 16s. 8d. … From the lands of John Guthre occupied by Matilda Cabell, 6s. 8d. …

Historical or Genealogical Significance

• Provides early 16th-century evidence of lands in Brechin associated with John Guthrie that were burdened with annual rents in favour of the cathedral choir.
• Consistent with other appearances of men named John Guthrie as property holders in the burgh.

Legal Terms and Scottish Practices

• Mortificatio: Royal mortification (gift in free alms) of annual rents to the cathedral chaplains.
• Annui redditus: Small annual rents drawn from specific burgh tenements.
• Sasina: The precept orders the bailies to give formal sasine of these rents to the chaplains.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales XXXVII
Pages 68–69

Date of the Entry 10 December 1447

Guthrie(s) Identified

• Dominus Patricius de Guthre (lord Patrick of Guthre)

Guthrie Role His acre of land forms the eastern boundary of the acre in the Crofts of Brechin that Robert de Hyll is donating to the cathedral chaplains.

Other Primary Parties Identified

• Robertus de Hyll, civis Brechinensis (donor)
• Marjoria, his wife
• The chaplains of the choir of Brechin Cathedral (beneficiaries)
• Johannes, Bishop of Brechin (witness)
• Magister Robertus de Crannoch, cantor
• Johannes Willelmi, officialis
• David Dempstar de Ouchterles
• and others

Original Document Language Latin

Purpose Charter by which Robert de Hyll grants in pure and perpetual alms a tenement on the west side of the common vennel of Brechin, together with an acre of arable land in the Crofts of Brechin, to the chaplains of the cathedral choir.

Modern English Translation (Relevant extract)

… and with one acre of arable land lying in the Crofts of Brechin between the acre of lord Patrick de Guthre on the east side on the one hand and the acre formerly of John Massoun on the west side on the other …

Historical or Genealogical Significance

• Provides a mid-15th-century reference to lord Patrick of Guthre as a landholder in the Crofts of Brechin.
• His property is used as a boundary marker in a pious donation to the cathedral.

Legal Terms and Scottish Practices

• In puram et perpetuam elemosinam: Gift in pure and perpetual alms.
• Warantizabimus: Full warrandice by the donor and his heirs.
• Boundary description using neighbouring acres (including that of Patrick de Guthre) to define the gifted land.
• Annual reddendo of 10 shillings blench to the Crown.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales XXXVIII
Pages 69–73

Date of the Entry 29 October 1429 (principal decree); related proceedings 20 August 1448

Guthrie(s) Identified

• Ricardus de Guthre, prebendarius de Lethnot (Richard of Guthre, prebendary of Lethnot)

Guthrie Role Named among the canons present and summoned to a chapter meeting on 20 August 1448 concerning the translation of earlier letters and the affairs of the chapter.

Other Primary Parties Identified

• Cuthbertus, Decanus
• Johannes, Bishop of Brechin
• Magister Gilbertus Forestar, archidiaconus (the subject of the decree)
• Johannes de Lichtoun, decanus
• Duncanus de Lichtoun
• Johannes Monypeny, prebendarius de Buthirgill
• Laurencius Piot, pensionarius
• Henricus Rynd, subdecanus
• Johannes Clat, prebendarius de Glenberuy
• and others

Original Document Language Latin

Purpose Chapter decree resolving multiple disputes involving Master Gilbert Forestar, the archdeacon (including issues of precedence, a breviary, the vicarage of Strathachyn, debts, and salary), together with a later notarial record of the translation of the documents.

Modern English Translation (Relevant extract)

… Richard of Guthre, prebendary of Lethnot, [among those] gathered in chapter and summoned concerning various matters touching the good of the chapter on the 20th day of August in the year of Our Lord 1448 …

Historical or Genealogical Significance

• Confirms Richard of Guthre as prebendary of Lethnot in 1448.
• Consistent with the Volume 1 taxation record (pp. 121–125) in which Master Richard Guthry is assessed for the prebend of Lethnot.

Legal Terms and Scottish Practices

• Decretum capitulare: Formal chapter decree issued after citation and hearing of the parties.
• Ordinatio domini Episcopi: The bishop’s ordinance made in a specially convened general chapter.
• Precedence of the four dignities (dean, precentor, chancellor, treasurer) within choir and chapter is reaffirmed.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales XL
Pages 75–78

Date of the Entry 21 June 1449 (transsumpt) (original declaration: Monday after Trinity Sunday, 1372)

Place / Prebend Identified

• Prebenda de Guthry (the prebend of Guthry / Guthre)

Role of the Place / Prebend Formally declared (in the original 1372 text now being transumed) to be one of the six simple (compatible) prebends of Brechin Cathedral. At the date of the original declaration it was held by Thomas de Lochrys (Thomas of Lathrisk / Luchris).

Other Primary Parties Identified

• Johannes, Bishop of Brechin (ordering the transsumpt)
• Magister Dauid de Crannoch, cancellarius (presenter of the original letters)
• Patricius, Bishop of Brechin (author of the 1372 declaration)
• Thomas de Lochrys, prebendarius de Guthry (in the 1372 text)

Original Document Language Latin

Purpose Notarial transsumpt of the 1372 chapter declaration defining the number, nature, and compatibility of the dignities, offices, and prebends of Brechin Cathedral, made at the request of the chancellor so that the document could be used with full faith in court or elsewhere.

Modern English Translation (Relevant extract – identical in substance to the Volume 1 text)

… The remaining six benefices, namely the vicarage, the pensionary, the subdeanery, Kylmoir, Buthyrgill, and Guthry, we have found to be simple prebends and compatible with a cure and with any other benefice …

… in the presence of … Thomas de Lochrys, prebendary of Guthry …

Historical or Genealogical Significance

• This is a formal 1449 transsumpt of the foundational 1372 declaration that established the prebend of Guthry as one of the six simple prebends of Brechin Cathedral.
• It reconfirms the institutional status of the prebend in the mid-15th century and preserves the name of its earliest recorded holder (Thomas de Lochrys).

Legal Terms and Scottish Practices

• Transsumptum: Official certified copy of an earlier sealed document, given the same legal force as the original.
• Incompassibilia / compassibilia: Canonical distinction between incompatible dignities and compatible simple prebends.
• Public edict and opportunity for objection were required before the transsumpt was authorised.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales XLII
Pages 79–80

Date of the Entry 21 July 1450

Guthrie(s) Identified

• Magister Alexander de Guthre de Kyncaldrum (Master Alexander of Guthre of Kincaldrum)

Guthrie Role Juror (member of the assize) in the inquisition confirming the ancient market rights of the citizens of Brechin and the bishop’s right to hold the Iter Camerarie.

Other Primary Parties Identified

• Johannes de Ogilvy de Luntrethyn, knight, sheriff-depute of Forfar (presiding)
• Walterus Lyndesay de Kynblathmont
• Walterus de Ogilvi de Bevfourd
• and numerous other local landowners serving as jurors

Original Document Language Latin

Purpose Inquisition taken before the sheriff-depute to establish:

1. That the citizens of Brechin have from time immemorial held a free weekly market on Sundays with free entry and exit for buyers and sellers, and liberty in the waters of the South Esk and Tay.
2. That the Bishop of Brechin and his predecessors have the right and custom of holding the chamberlain’s courts (curiae camerarie) within the town, with the associated amercements.

Modern English Translation (Relevant extract)

… This inquisition was made at Brechin on the 21st day of the month of July in the year of Our Lord 1450 … by the underwritten jurors, namely … Master Alexander of Guthre of Kyncaldrum …

Historical or Genealogical Significance

• Places Master Alexander of Guthre of Kincaldrum as a local landowner of sufficient standing to serve on a royal inquisition in 1450.
• Confirms the Kincaldrum branch’s prominence in mid-15th-century Angus.
• Matches the earlier summary entry and the Volume 1 reference to the same inquisition.

Legal Terms and Scottish Practices

• Inquisitio: Formal jury inquest under royal authority.
• Liberum forum: Free market rights claimed by the burgh.
• Iter / curiae camerarie: The chamberlain’s ayre or circuit courts, here claimed by the bishop as a franchise within Brechin.
• Sealing by the sheriff and the individual jurors.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales XLV
Pages 83–86

Date of the Entry 19 March 1450

Guthrie(s) Identified

• Dauid de Guthry, clericus curie (David of Guthry, clerk of the court)

Guthrie Role Clerk of the sheriff’s court of Forfar who wrote the schedule (cedula) of the proceedings held in the bishop’s hall at Brechin; the schedule was later collated word-for-word with the court book by the notary.

Other Primary Parties Identified

• Johannes, Bishop of Brechin
• David Dempstar de Ochterles, the bishop’s bailie
• Walterus Ogilvy de Beuforde, sheriff-depute of Forfar
• Magister Johannes Lychtoun, decanus
• Various local landowners serving on the assize

Original Document Language Latin (with a Scots-language schedule of mill customs)

Purpose Notarial instrument recording a session of the sheriff’s court of Forfar held in the bishop’s hall at Brechin, dealing with a repledging claim by the bishop and with the customs of the mill of Achdouy and the Brechin smithy.

Modern English Translation (Relevant extract)

… and with this following schedule by David of Guthry, clerk of the court, and by me the undersigned notary, faithfully collated word for word …

Historical or Genealogical Significance

• Identifies David of Guthry as clerk of the sheriff court of Forfar in 1450.
• Places a member of the family in a professional administrative role within the local judicial system.
• Matches the earlier index entry for Dauid de Guthre, clericus curie vicecomitatus de Forfar (App. 84).

Legal Terms and Scottish Practices

• Clericus curie: Court clerk responsible for writing the formal record.
• Replegiare: The right of a lord (here the bishop) to reclaim a vassal or tenant from another court to his own.
• Assisa: Local jury called to determine customary dues of the mill and smithy.
• Collation of the paper schedule with the official court book to ensure accuracy.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales LIII
Pages 97–99

Date of the Entry 9 May 1458

Guthrie(s) Identified

• Malcolmus de Guthry, balliuus ciuitatis Brechinensis (Malcolm of Guthry, bailie of the city of Brechin)

Guthrie Role Bailie of Brechin who formally gives sasine of the tenement (by earth and stone) first to John Smart and afterwards to the common procurator of the cathedral chaplains.

Other Primary Parties Identified

• Dominus Willelmus Pa, common procurator of the chaplains of the choir
• Johannes de Schoriswod, bailie and procurator of Master George de Schoriswod
• Johannes Smert (John Smart), citizen of Brechin
• Various witnesses (John Erskyn of Dun, Thomas Lydal, etc.)

Original Document Language Latin

Purpose Notarial instrument recording the resignation and successive sasines of a tenement on the west side of the common vennel of Brechin, ultimately into the hands of the chaplains of the cathedral choir.

Modern English Translation (Relevant extracts)

… commanding and ordering Malcolm of Guthry, bailie of the said city, that he should give sasine of the foresaid tenement to the said John Smart …

… and the said Malcolm, the bailie aforesaid, personally went to the foresaid tenement and there by earth and stones … gave sasine of the foresaid tenement to the said lord William …

Historical or Genealogical Significance

• Identifies Malcolm of Guthry as bailie of Brechin in 1458.
• Consistent with other mid-15th-century references to Malcolm Guthrie as a prominent burgess and official in the town.
• Matches the earlier index entries for Malcolmus, ballivus Brechinensis (App. 98, 111, 112, etc.).

Legal Terms and Scottish Practices

• Instrumentum saisinae: Formal notarial record of the giving of sasine.
• Per fustem et baculum / per terram et lapidem: Symbolic delivery of possession by staff and baton, or by earth and stone.
• Balliuus ciuitatis: Burgh bailie acting as the officer who delivers sasine on the authority of the superior or resigning party.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales LVIII
Pages 106–108

Date of the Entry 6 March 1464 (decree of the Lords of Council) 7 March, fifth year of the reign (James III, i.e. 1465) – royal confirmation

Guthrie(s) Identified

• Master Dauid Guthre of Kincaldrum, thesaurer (Master David Guthrie of Kincaldrum, royal treasurer)

Guthrie Role Named among the Lords of Council who issued the decree reducing the wrongful alienation of certain bishopric lands and offices (Ardach, Aldecat, Botheris, Nether Petforthie, and the offices of bailliary and chamberlainry).

Other Primary Parties Identified

• James III, King of Scots
• Patrick, Bishop of Brechin (pursuer on behalf of the kirk of Brechin)
• Walter Dempstar of Ochtirles and Elizabeth his mother (defenders)
• Other Lords of Council present (Bishop of St Andrews, Bishop of Galloway, Abbots of Holyrood, Paisley and Newbattle, Lord Avandale, Earl of Argyll, Lord Dernle, Sir John of Culquhone, Master Archibald of Quhitelaw, etc.)

Original Document Language Latin (royal letter) with embedded Scots text of the Council decree

Purpose Royal confirmation and enforcement of a decree of the Lords of Council reducing to the Bishop of Brechin certain lands and offices that had been wrongfully alienated by his predecessors to Walter Dempstar and his mother.

Modern English Translation (Relevant extract)

… The lords of our sovereign lord’s council underwritten, that is to say … master David Guthre of Kincaldrum, treasurer … in the action and cause moved by a reverend father in Christ Patrick, bishop of Brechin, in the name and behalf of his kirk of Brechin …

Historical or Genealogical Significance

• Confirms Master David Guthrie of Kincaldrum holding the high office of royal treasurer in 1464/65.
• Shows him sitting as one of the Lords of Council in a major case involving the temporalities of the bishopric of Brechin.
• Consistent with his earlier appearance as camerarius in 1459/60 and with the prominence of the Kincaldrum branch.

Legal Terms and Scottish Practices

• Reductio: Judicial reduction (annulment) of an alienation made to the prejudice of the church.
• Lords of Council: The king’s council sitting in a judicial capacity.
• Royal letters under the Great Seal directing the sheriff and bailies of Forfar to put the bishop into possession.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales LXI
Pages 111–112

Date of the Entry 10 June 1469

Guthrie(s) Identified

• Malcolmus Guthre (Malcolm Guthrie)

Guthrie Role His land forms the northern boundary of the tenement from which Robert Thowless is resigning an annual rent of 26s. 8d. in favour of the chaplains of the cathedral choir.

Other Primary Parties Identified

• Robertus Thoulace (Robert Thowless), with consent of his father William Thoulace
• Ricardus Wilzamsoun, one of the bailies of Brechin
• Dominus Nicholaus Jonson, common procurator of the chaplains of the choir
• Witnesses: Robert Litstar, William Strathauquhin, John Sadiller

Original Document Language Latin

Purpose Notarial instrument recording the resignation by Robert Thowless of an annual rent of 26s. 8d. from his tenement (with its acre) and the subsequent sasine of that rent to the common procurator of the cathedral chaplains.

Modern English Translation (Relevant extract)

… a certain annual rent of twenty-six shillings and eight pence usual money of the kingdom of Scotland from his tenement together with its acre, lying between the land of Malcolm Guthre on the north side on the one hand and the land of John Scaw on the south side on the other …

Historical or Genealogical Significance

• Provides a 1469 boundary reference to land in Brechin belonging to Malcolm Guthrie.
• Consistent with other mid-to-late 15th-century appearances of Malcolm Guthrie as a property holder and official in the burgh.

Legal Terms and Scottish Practices

• Annus redditus: Annual rent resigned into the hands of a bailie and then given in sasine to the chaplains.
• Per traditionem unius denarii: Symbolic resignation by delivery of a penny.
• Boundary description using neighbouring properties (including Malcolm Guthre’s land) to identify the burdened tenement.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales LXII
Pages 112–113

Date of the Entry 8 July 1469

Guthrie(s) Identified

• Malcolmus Guthre (Malcolm Guthrie)

Guthrie Role His land forms the northern boundary of the tenement from which Robert de Thoulace is granting an annual rent of 26s. 8d. to the chaplains of the cathedral choir.

Other Primary Parties Identified

• Robertus de Thoulace, civis Brechinensis (grantor)
• Margareta, his spouse
• The chaplains of the choir of Brechin Cathedral (beneficiaries)
• Johannes Dempstar de Ochtirles (who had previously granted a merk of annual rent from another tenement)

Original Document Language Latin

Purpose Charter by which Robert de Thoulace grants in pure and perpetual alms an annual rent of 26s. 8d. from his tenement on the east side of the High Street of Brechin (together with its adjacent acre) to the chaplains of the cathedral choir, for the welfare of his own soul and those of his wife, parents, and others.

Modern English Translation (Relevant extract)

… one annual rent of twenty-six shillings and eight pence usual money of the kingdom of Scotland from my whole and entire tenement lying within the city of Brechin on the east side of the High Street of the same, between the lands of Malcolm Guthre on the north side on the one hand and [the lands of] John Scall on the south side on the other …

Historical or Genealogical Significance

• Confirms the same 1469 boundary reference to Malcolm Guthrie’s land in Brechin that appears in the preceding instrument of resignation (Cartae Originales LXI).
• Shows Malcolm Guthrie as an established neighbouring proprietor on the east side of the High Street.

Legal Terms and Scottish Practices

• In puram et perpetuam elemosinam: Gift in pure and perpetual alms.
• Annus redditus: Annual rent charged on a burgage tenement.
• Full warrandice by the grantor and his heirs.
• Anniversary and weekly masses required in return for the gift.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales LXIX
Pages 120–121

Date of the Entry 17 November 1485

Guthrie(s) Identified

• Malcolmus Guthre, civis ciuitatis Brechinensis (Malcolm Guthrie, citizen of Brechin)
• Johannes Guthre, filius et heres apparens (John Guthrie, his son and heir apparent)
• Egidia, sponsa Malcolmi (Egidia / Giles, wife of Malcolm)

Guthrie Role Malcolm Guthrie, with the consent of his son and heir John, grants two annual rents totalling 28s. to the chaplains of the cathedral choir in pure alms.

Other Primary Parties Identified

• The chaplains of the choir of Brechin Cathedral (beneficiaries)
• Robertus Thowlass (whose tenement is burdened with one of the rents)

Original Document Language Latin

Purpose Charter of mortification by which Malcolm Guthrie grants:

• 18s. annual rent from his own tenement on the east side of Brechin, and
• 10s. annual rent due to him from the tenement of Robert Thowlass to the chaplains of the cathedral choir, for the welfare of his own soul, the soul of his wife Egidia, his parents, and others, with provision for weekly masses and an anniversary.

Modern English Translation (Relevant extracts)

… Know that I, with the consent and assent of John Guthre, my son and heir apparent … have given … to God … and to the chaplains in the choir of the cathedral of Brechin … one annual rent of eighteen shillings … from my whole and entire tenement … between the land of Robert Thowlass on the south … and the land formerly of William Michelson on the north …

… and also ten shillings of annual rent owed to me yearly from the whole and entire tenement of Robert Thowlass … between the land of John Scall on the south and the land of the said Malcolm Guthre on the north …

Historical or Genealogical Significance

• Primary charter issued by Malcolm Guthrie himself in 1485.
• Explicitly names his wife Egidia and his son and heir apparent John Guthrie.
• Confirms Malcolm as a substantial property holder in Brechin who could burden his own tenement and an annual rent he held from another.
• Matches the Tabula entry LXIX and earlier boundary references to Malcolm’s lands.

Legal Terms and Scottish Practices

• In puram et perpetuam elemosinam: Gift in pure and perpetual alms.
• Cum consensu … filii et heredis apparentis: Consent of the heir apparent required for the alienation.
• Weekly mass at the altar of St Duthac and a full anniversary with placebo, dirige, and solemn mass after the grantor’s death.
• Full warrandice by Malcolm and his heirs.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales LXXV
Pages 135–136

Date of the Entry 19 October 1490

Guthrie(s) Identified

• Alexander Guthre de eodem, miles (Alexander Guthrie of that Ilk, knight)

Guthrie Role Witness to a notarial instrument recording proceedings in the burgh court of Montrose concerning the resignation of a tenement that was burdened with an annual rent of 10s. owed to the cathedral of Brechin.

Other Primary Parties Identified

• David Falconer de Balandrow (the party making the public declaration)
• Willelmus, Bishop of Brechin (who requested the instrument)
• David, Duke of Montrose (present)
• Magister Henricus Meldrum, precentor of Brechin
• and other local figures

Original Document Language Latin

Purpose Notarial instrument recording that David Falconer publicly admitted in the burgh court of Montrose that he had alienated a tenement which was due an annual rent of 10s. to Brechin Cathedral (reserving only 5s. to himself), and that by inquest of the court it was found he was not the true possessor of the tenement.

Modern English Translation (Relevant extract)

… Present there the great and powerful prince David, Duke of Montrose, Alexander Guthre of that Ilk, knight, Master Henry Meldrum, precentor of Brechin, David Rossy of that Ilk, Walter Cant, William Nudry, David Paniter, Master Patrick Stratoune, and William Pater, serjeant, with many others …

Historical or Genealogical Significance

• Records Alexander Guthrie of that Ilk, styled knight, as a witness in Montrose in 1490.
• Places the head of the principal Guthrie family in a formal legal setting involving the bishopric of Brechin’s rights in Montrose.
• Consistent with the rising status of the Guthrie of that Ilk line in the late 15th century.

Legal Terms and Scottish Practices

• Instrumentum super resignatione: Notarial record of a resignation or related court proceedings.
• Inquisitio totius curie: Inquest of the whole burgh court to determine possession.
• Presence of high-status witnesses (including a duke and a knight) to strengthen the instrument.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales LXXVI
Pages 136–137

Date of the Entry 20 May 1493

Guthrie(s) Identified

• Johannes Guthre (John Guthrie)

Guthrie Role His lands form the eastern boundary of the tenement in Brechin that is being resigned by Walter Tyndell and his spouse Joneta Dempstar.

Other Primary Parties Identified

• Walterus Tyndell and Joneta Dempstar, his spouse (resigners)
• Robertus Jacobi, one of the bailies of Brechin
• The chaplains of the cathedral choir (who receive a reserved annual rent of 13s. 4d.)
• Witnesses: John Dempstar of Ouchterles, William Thowless of Conansith, etc.

Original Document Language Latin

Purpose Notarial instrument recording the resignation of a tenement in Brechin (lying between the lands of William Turing on the west and John Guthre on the east) into the hands of a bailie, with reservation of a free tenement for the lives of the resigners and an annual rent of 13s. 4d. to the cathedral chaplains.

Modern English Translation (Relevant extract)

… a certain their tenement with pertinents as it lies in front and in rear between the lands of William Turing on the west and the lands of John Guthre on the east within the City of Brechin …

Historical or Genealogical Significance

• Provides a 1493 boundary reference to lands in Brechin belonging to John Guthrie.
• Consistent with other late-15th-century appearances of men named John Guthrie as property holders in the burgh (including the son of Malcolm Guthrie named in the 1485 charter).

Legal Terms and Scottish Practices

• Resignatio per fustem et baculum: Formal resignation by staff and baton into the hands of a bailie.
• Liberum tenementum: Liferent reserved to the resigners.
• Reservation of an annual rent to the cathedral chaplains for anniversary services.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales XCV
Pages 158–159

Date of the Entry 10 October 1507

Guthrie(s) Identified

• Johannes Guthre (John Guthrie)

Guthrie Role His lands form the eastern boundary of the two acres of arable land in the territory of Brechin that Richard Turing is selling to David Lione of Brekky.

Other Primary Parties Identified

• Ricardus Turing, civis Brechinensis (seller)
• Egidia Rait, his spouse (consenting)
• David Lione de Brekkye (purchaser)
• Witnesses include Master David Gardin (vicar of Farnell and commissary), Peter Seres, Robert Fowlartoune, etc.

Original Document Language Latin

Purpose Charter by which Richard Turing, with consent of his wife Egidia Rait, sells two acres of arable land in the territory of Brechin to David Lione of Brekky, to be held in free burgage of the King.

Modern English Translation (Relevant extract)

… those two acres of my arable lands with pertinents lying within the territory of Brechin between the lands of William Rede on the west on the one hand and the lands of John Guthre on the east on the other …

Historical or Genealogical Significance

• Provides a 1507 boundary reference to lands belonging to John Guthrie in the territory (croft lands) of Brechin.
• Continues the pattern of John Guthrie appearing as a neighbouring proprietor in Brechin land transactions in the late 15th and early 16th centuries.

Legal Terms and Scottish Practices

• Venditio with spousal consent.
• Holding in liberum burgagium of the King.
• Reddendo of the customary royal ferme (firmam regiam).

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CI
Page 164

Date of the Entry (Same day and place as the preceding charter of Richard Turing – early 16th century, contextually c. 1507–1510s)

Guthrie(s) Identified

• David Guthre, clericus parochialis de Brechin (David Guthrie, parish clerk of Brechin)

Guthrie Role His land forms the western boundary of the part of the tenement that Richard Turing is granting to Master Hugh Dowglace in warrandice of an annual rent.

Other Primary Parties Identified

• Ricardus Turing (grantor)
• Magister Hugo Dowglace (grantee)
• Jacobus Myr (occupant of another part of the tenement)

Original Document Language Latin

Purpose Charter by which Richard Turing grants to Master Hugh Dowglace one part of the tenement in which Turing himself lives, in warrandice of a previously granted annual rent.

Modern English Translation (Relevant extract)

… one part of the tenement in which the said Richard lives, lying between the land formerly of Thomas Cutlair on the east and the land of David Guthre, parish clerk of Brechin, on the west, and another part of the said tenement in which James Myr lives on the north and the church way on the south, in warrandice of the foresaid annual rent.

Historical or Genealogical Significance

• Identifies David Guthrie as parish clerk (clericus parochialis) of Brechin in the early 16th century.
• Places him as a neighbouring property holder in the burgh.
• Matches the earlier index entry for Dauid, clericus parochialis de Brechin (App. 164).

Legal Terms and Scottish Practices

• In warantum: Grant of property in warrandice (security) for a previously conveyed annual rent.
• Boundary description using neighbouring tenements and the church way.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CIII, Page 165

Date of the Entry 15 March 1511

Guthrie(s) Identified

• Alexander Guthre (Alexander Guthrie)

Guthrie Role Witness to a charter of alienation.

Other Primary Parties Identified

• Henricus Steynsone (grantor)
• Magister Hugo Dowglas, decanus Brechinensis (grantee)
• Other witnesses: Dominus Patricius Boyis (treasurer of Brechin), David Ogilvy (rector of Newdosk), Stephanus Annand (bailie), Andrea Jhonsoun, Dominus Johannes Jamesoun (chaplain)

Original Document Language Latin

Purpose Charter by which Henry Steynsone alienates to Master Hugh Douglas, dean of Brechin, his part of the tenement from which an annual rent is due, to be held in free burgage, rendering 20 pence yearly to the temporal lord of Brechin.

Modern English Translation (Relevant extract)

… before these witnesses: lords Patrick Boyis, treasurer of Brechin; David Ogilvy, rector of Newdosk; Stephen Annand, one of the bailies of the City of Brechin; Alexander Guthre; Andrew Jhonsoun; and lord John Jamesoun, chaplain, with divers others.

Historical or Genealogical Significance

• Records an Alexander Guthrie as a witness in Brechin in 1511.
• Places him among local clergy, officials, and burgesses in a transaction involving the dean of Brechin.

Legal Terms and Scottish Practices

• Carta alienationis: Charter of alienation of a burgage tenement.
• Holding in liberum burgagium.
• Small annual reddendo (20 pence) to the temporal superior.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CIX

Page 172

Date of the Entry 19 March 1515

Guthrie(s) Identified

• Johannes Guthre (John Guthrie)
• Alexander Guthre (Alexander Guthrie)

Guthrie Role

• John Guthrie’s lands form the western boundary of one of the pieces of arable land being conveyed.
• Alexander Guthrie appears as a witness to the instrument of sasine.

Other Primary Parties Identified

• Jacobus Cutler alias Layng (who had previously resigned the property)
• Patricius Annand (in whose favour the resignation was made)
• Willelmus Ricardi, one of the bailies of Brechin (who gives sasine)
• Other witnesses: Alexander Ramsay, Jacobus Pottar, Willelmus Howe, etc.

Original Document Language Latin

Purpose Instrument of sasine of a tenement on the west side of Brechin (together with two pieces of arable land) that had been resigned by James Cutler alias Layng in favour of Patrick Annand.

Modern English Translation (Relevant extracts)

… and one piece of arable land lying on the same western part of the City of Brechin between the lands of the heirs of the late John Tod on the east and the lands of John Guthre on the west …

… Witnesses … Alexander Guthre, James Pottar, William Howe …

Historical or Genealogical Significance

• Provides a 1515 boundary reference to lands of John Guthrie in Brechin.
• Records Alexander Guthrie as a witness in the same transaction, showing continued presence of both names in local property affairs in the early 16th century.

Legal Terms and Scottish Practices

• Instrumentum saisinae: Notarial record of the giving of sasine following a prior resignation.
• Boundary descriptions using neighbouring properties and natural features (le leche de Messindew).
• Sasine given by a burgh bailie.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CXI
Page 173

Date of the Entry 10 May 1518

Guthrie(s) Identified

• Joneta Guthre (Janet / Jonet Guthrie)

Guthrie Role Spouse of Alexander Ramsay, citizen of Brechin; she and her husband receive the tenement that is being resigned and regranted by the Bishop of Brechin.

Other Primary Parties Identified

• Magister Johannes Meldrum, rector of Burgill (acting as procurator for the resignation)
• Dominus Johannes Chepman, chaplain (original holder of the tenement)
• Johannes, Bishop of Brechin (into whose hands the tenement is resigned and who then grants it)
• Alexander Ramsay, civis Brechinensis (husband of Joneta Guthre)

Original Document Language Latin

Purpose Notarial instrument recording the resignation of a tenement in Brechin (belonging to lord John Chepman) into the hands of the Bishop of Brechin, who then delivers the same tenement to Alexander Ramsay and his spouse Joneta Guthre.

Modern English Translation (Relevant extract)

… and the same most reverend [bishop] delivers the whole and entire foresaid tenement to the honourable man Alexander Ramsay, citizen of Brechin, and to Joneta Guthre his spouse.

Historical or Genealogical Significance

• Records Joneta / Janet Guthrie as the wife of Alexander Ramsay, a citizen of Brechin, in 1518.
• Shows a Guthrie woman participating (with her husband) in a significant urban property transaction involving the bishop.
• Matches the earlier index reference to Joneta Guthre (App. 173).

Legal Terms and Scottish Practices

• Resignation into the hands of the bishop as superior, followed by regrant.
• Joint infeftment of husband and wife.
• Notarial instrument under apostolic authority.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CXIX
Page 197

Date of the Entry 5 December 1531

Guthrie(s) Identified

• Johannes Guthre (John Guthrie), now deceased (“quondam”)

Guthrie Role His former lands form the southern boundary of the tenement on the east side of Brechin that is being given in sasine to Richard Chepman, legitimate heir of the late John Chepman alias Richertsoun.

Other Primary Parties Identified

• Georgius Fentoun, bailie of Brechin (who gives sasine)
• Richardus Chepman (recipient, as heir of his father)
• Witnesses: Duncan Fethe of Cuykstoun, lords Jacobo Leslie, Johanne Duncani, Gilberto Roberti (chaplains), etc.

Original Document Language Latin

Purpose Instrument of sasine of a tenement on the east side of Brechin (formerly belonging to John Chepman alias Richertsoun) in favour of his legitimate heir Richard Chepman.

Modern English Translation (Relevant extract)

… a certain tenement formerly of John Chepman alias Richertsoun, once citizen of the City of Brechin, lying on the east side of the same between the lands formerly of John Guthre on the south and the lands of the heirs of the late David Buthyrgask on the north …

Historical or Genealogical Significance

• Provides a 1531 boundary reference to lands that had belonged to the late John Guthrie on the east side of Brechin.
• Continues the long series of references to John Guthrie (or his heirs) as neighbouring proprietors in the burgh.

Legal Terms and Scottish Practices

• Instrumentum saisinae: Formal notarial record of sasine given by a burgh bailie to an heir.
• Boundary description using the lands of deceased neighbours (“quondam”).

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CLIV
Pages 226–227

Date of the Entry 17 April 1588 (precept) 29 April 1588 (sasine)

Guthrie(s) Identified

• Willelmus Guthre (William Guthrie), now deceased (“quondam”)

Guthrie Role His former lands (or those of his heirs) form the western boundary of the tenement on the west side of Brechin that is being given in sasine to the two daughters of the late John Audny and their husbands.

Other Primary Parties Identified

• Margareta Audny and Johanna Audny (heiresses)
• Robertus Rollok (husband of Margaret)
• Johannes Brown, faber lignarius (husband of Johanna)
• David Petcarne (superior issuing the precept)
• Alexander Ramsay, chaplain of St Anne’s chaplainry (bailie for the sasine)

Original Document Language Latin

Purpose Instrument of sasine of a tenement (and an adjacent acre) on the west side of Brechin in favour of the two nearest female heirs of the late John Audny and their husbands.

Modern English Translation (Relevant extract)

… a certain tenement lying within the said City on the western part of the same between the lands formerly of the heirs of the late William Guthre, now belonging to Andrew Watt, on the west … and the common royal way or vennel called the Prenteis Vynd on the south …

Historical or Genealogical Significance

• Provides a late-16th-century (1588) boundary reference to lands that had belonged to the late William Guthrie (or his heirs) in Brechin.
• Shows that by 1588 those lands had passed to Andrew Watt.
• Continues the long documentary trail of Guthrie property holdings in the burgh into the post-Reformation period.

Legal Terms and Scottish Practices

• Sasine following a precept from a superior (David Petcarne).
• Joint infeftment of co-heiresses and their husbands.
• Boundary description using both former and current owners of neighbouring properties.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CLV
Page 227

Date of the Entry 9 June 1589

Guthrie(s) Identified

• Jacobus Guthre, portionarius de Balnabreche (James Guthrie, portioner of Balnabreche)
• Cristina Barroun, his spouse
• Andreas Guthre de Vester Balnabreche (Andrew Guthrie of Wester Balnabreche) – bailie
• Jacobus Guthre, filius suus (James Guthrie, his son) – witness

Guthrie Role

• James Guthrie of Balnabreche (with consent of his wife) issues a precept of sasine for an annual rent of 18 bolls of victual from the western half of the lands of Balnabreche.
• Andrew Guthrie of Wester Balnabreche acts as his bailie to deliver the sasine.
• A son named James Guthrie is present as a witness.

Other Primary Parties Identified

• Johannes Daikeris in Kyndrocat and Joneta Jak, his spouse (recipients of the annual rent)

Original Document Language Latin

Purpose Precept of sasine by which James Guthrie, portioner of Balnabreche, directs his bailie Andrew Guthrie of Wester Balnabreche to give sasine of an annual rent of 18 bolls of victual (two parts oatmeal and one part bere) from the western half of the lands of Balnabreche to John Daikeris and his wife.

Modern English Translation (Relevant extract)

Precept given by James Guthre, portioner of Balnabreche, with the consent of Cristina Barroun his spouse, to Andrew Guthre of Wester Balnabreche, his bailie, that he should deliver to John Daikeris in Kyndrocat and Joneta Jak his spouse sasine of one annual rent of eighteen bolls of victual … from the lands of the western half of the lands of Balnabreche … before these witnesses James Guthre his son, Alexander Ogilwy, John Rannie and Robert Mannie his servants. 9 June 1589.

Historical or Genealogical Significance

• Documents the Balnabreche / Wester Balnabreche branch of the family in 1589.
• Explicitly names James Guthrie (portioner), his wife Cristina Barroun, his son James, and Andrew Guthrie of Wester Balnabreche acting as bailie.
• Matches the earlier Tabula entry CLV and the summary entries for Jacobus Guthre portionarius de Balnabreche and Andreas Guthre de Wester Balnabreche.

Legal Terms and Scottish Practices

• Portionarius: A portioner (holder of a portion of a divided estate).
• Praeceptum saisinae: Precept directing a bailie to give sasine of an annual rent in victual.
• Consent of the spouse required for the alienation.
• Annual rent payable between Christmas and Candlemas.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CLXI
Pages 230–231

Date of the Entry 8 March 1598

Guthrie(s) Identified

• Andreas Guthre (Andrew Guthrie), formerly in Brechin, now living in Dod

Guthrie Role Resigns a piece of waste ground (the site of the former college house of the choir priests of Brechin, with its close) into the hands of the superiors in favour of William Mortown, lime-burner, citizen of Brechin.

Other Primary Parties Identified

• Robertus Kynneir, one of the bailies of Brechin
• Georgius Arrott, master of the hospital of Brechin (superiors receiving the resignation)
• Willelmus Mortown, calcifactor (lime-burner), the recipient
• Witnesses: John Ramsay (commissary), Robert Rollok, Robert Vymiss in Ower Petforthy, etc.

Original Document Language Latin

Purpose Instrument of sasine following the resignation by Andrew Guthrie of a piece of waste land (the old college site) in favour of William Mortown, who is to hold it for an annual payment of 6s. 8d. to the hospital and the poor lodged there.

Modern English Translation (Relevant extract)

Instrument of sasine upon the resignation of Andrew Guthre, formerly in Brechin, now living in Dod, into the hands of Robert Kynneir, one of the bailies, and George Arrott, master of the hospital of the foresaid City, his lords superiors, in favour of William Mortown, lime-burner, citizen of Brechin, of that piece of waste land or ground of the ancient house of the college in which the priests of the choir of Brechin used to dwell, with its close …

Historical or Genealogical Significance

• Records Andrew Guthrie as a former resident of Brechin who by 1598 was living in Dod.
• Shows him disposing of urban property associated with the old collegiate/choir buildings.
• Consistent with other late-16th-century appearances of Andrew Guthrie (including the Wester Balnabreche connection).

Legal Terms and Scottish Practices

• Resignation into the hands of the superiors (bailies and hospital master).
• Annual reddendo of 6s. 8d. to the hospital and the poor.
• Reservation of certain buildings and a vennel to the town authorities.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CLXII
Page 231

Date of the Entry 22 & 25 May 1600 (charter) 23 June 1600 (sasine)

Guthrie(s) Identified

• David Guthrie, filius Joannis Guthrie apud Newmylne (David Guthrie, son of John Guthrie at Newmylne)

Guthrie Role Witness to the instrument of sasine of a garden in Brechin.

Other Primary Parties Identified

• Andreas Hay, civis Brechinensis (grantor)
• Andreas Wod, formerly portioner of Eister Drwmmis (consenting)
• Johannes Smart, servitor of James, master of Ogilvy (recipient)
• Thomas Vinzeitis in Dubtoun (bailie giving sasine)

Original Document Language Latin

Purpose Instrument of sasine of a garden lying on the west side of Brechin, south of the outer close of the bishop’s palace, granted by Andrew Hay (with consent of Andrew Wod) to John Smart.

Modern English Translation (Relevant extract)

… before these witnesses: John Udny in Ower Pitforthie, James Thayn, citizen of the said City, John Lyoun dwelling there, and David Guthrie, son of John Guthrie at Newmylne.

Historical or Genealogical Significance

• Records David Guthrie, identified as the son of John Guthrie at Newmylne, as a witness in Brechin in 1600.
• Provides a late-16th / early-17th-century link between a Guthrie family at Newmylne and the burgh of Brechin.

Legal Terms and Scottish Practices

• Sasine of a garden following a charter of alienation.
• Consent of a former portioner.
• Local witnesses including family members of neighbouring proprietors.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CLXVII
Pages 234–235

Date of the Entry 6 September 1605

Guthrie(s) Identified

• Henricus Guthrie, burgensis de Dundie (Henry Guthrie, burgess of Dundee)

Guthrie Role Witness to the instrument of sasine of certain acres in the eastern field of Dudhope.

Other Primary Parties Identified

• Elizabetha Lyoun (daughter of the late Patrick Lyoun, bailie of Dundee) – resigner
• David Lyndesay (her future husband, son of David Lyndesay, bailie of Brechin) – recipient
• Griselidis Burse (her mother) and Sir James Scrimgeour of Dudhope (her superior) – consenting
• Witnesses also include Gilbert Kemtie (king’s messenger), David Petrie, and Patrick Lyoun (her brother)

Original Document Language Latin

Purpose Instrument of sasine following the resignation by Elizabeth Lyoun of nine acres of arable land (with half the teind sheaves) in the eastern field of Dudhope in favour of her future husband David Lyndesay.

Modern English Translation (Relevant extract)

… Sasine delivered by the same Elizabeth Lyoun before these witnesses: Gilbert Kemtie, king’s messenger, David Petrie and Henry Guthrie, burgesses of the said burgh of Dundee, and Patrick Lyoun, legitimate son of the late Patrick Lyoun …

Historical or Genealogical Significance

• Records Henry Guthrie as a burgess of Dundee in 1605.
• Places a member of the family in the merchant/burgess community of Dundee at the beginning of the 17th century.
• Matches the earlier index entry for Henricus, burgensis de Dundee (App. 235).

Legal Terms and Scottish Practices

• Resignation by a woman (with maternal and superior’s consent) in contemplation of marriage.
• Sasine of acres together with a share of the teind sheaves.
• Local burgess witnesses from Dundee.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CLXXVII
Pages 240–241

Date of the Entry 10 March 1613

Guthrie(s) Identified

• Isobell Guthrie, relict of the deceased John Leslie
• Mr. James Guthrie, minister at Orquhart

Guthrie Role

• Isobell Guthrie (widow of John Leslie) is one of the grantors of the procuratory of resignation.
• Mr. James Guthrie, minister at Orquhart, is named among those giving consent.

Other Primary Parties Identified

• Christiane Leslie (daughter and heiress of the late John Leslie younger, citizen of Brechin) and William Leslie in Auld Leslie, her spouse
• Patrik Leslie of Kincregie
• George Leslie, fiar of Kincregie (her son)
• Jhone Leslie in Baldeforro (his brother)
• George Barroun of Kynnard (consenting)
• Johne Oudny in Ower Pitforthie (grantee)

Original Document Language English (Scots)

Purpose Procuratory of resignation granted by the Leslie family and Isobell Guthrie (with consents) for the resignation of two contiguous tenements in the Nether West Wynd of Brechin and certain acres in the Saidler Cruik, in implement of a contract with John Oudny.

Modern English Translation (Summary of the relevant portion)

Procuratory granted by Christiane Leslie … and Isobell Guthrie, relict of the said deceased John Leslie, with consent of the said Patrick Leslie, George Barroun of Kynnard and Mr. James Guthrie, minister at Orquhart … for resigning … these two tenements … and that acre of arable land … in favour of the said John Oudny.

Historical or Genealogical Significance

• Confirms Isobell Guthrie as the widow of John Leslie, citizen of Brechin, in 1613.
• Identifies Mr. James Guthrie as minister at Orquhart (Urquhart) and as a consenter in this family property transaction.
• Matches the earlier Tabula entry CLXXVII.

Legal Terms and Scottish Practices

• Procuratory of Resignation: Formal written authority to resign property into the hands of the superiors (bailies and Master of the Hospital of Brechin).
• Consent of the widow, family members, and a minister required for the transaction.
• Implement of a prior contract between the parties.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CLXXIX
Pages 241–242

Date of the Entry 29 April 1623 (charter) 20 June 1623 (sasine)

Guthrie(s) Identified

• Thomas, praepositus de Guthrie (Thomas, Provost of Guthrie)

Guthrie Role Named among the chapter members (dean, canons, etc.) who subscribe the charter of feufarm of the former archdeacon’s manse.

Other Primary Parties Identified

• Magister Thomas Burnet, archidiaconus Brechinensis (grantor)
• David, Bishop of Brechin, the dean and canons (consenting)
• Johannes Mortimer olim de Cragiwar and Helena Symmer, his spouse (recipients)
• Other chapter members listed (J. Campbell dean, J. Wemss subdean, Robert Noray precentor, etc.)

Original Document Language Latin

Purpose Instrument of sasine following a charter of feufarm by which the Archdeacon of Brechin (with consent of the bishop and chapter) grants the former archdeacon’s manse in conjunct infeftment to John Mortimer and his wife Helen Symmer.

Modern English Translation (Relevant extract)

… the charter subscribed by the said archdeacon and bishop, J. Campbell dean, J. Wemss subdean, Robert Noray precentor, Robert Noray vicar, Thomas, provost of Guthrie, Al. Bissat rector of Kilmoir, John Noray treasurer, J. Piggot rector of Lethnot, L. Skynner chancellor and Andrew Allan rector of Phynnewin …

Historical or Genealogical Significance

• Records the Provost of the Collegiate Church of Guthrie (named Thomas) as a participating member of the chapter of Brechin in 1623.
• Continues the long association of the collegiate church of Guthrie with the cathedral chapter of Brechin into the early 17th century.
• Matches the earlier Tabula / index references to the Provost of Guthrie.

Legal Terms and Scottish Practices

• Carta feodifirmae: Charter of feufarm (heritable tenure for an annual feu-duty).
• Conjunct infeftment of husband and wife.
• Consent of the full chapter, including the Provost of Guthrie.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CLXXXVII
Page 246

Date of the Entry 24 February 1637

Guthrie(s) Identified

• Jacobus Guthrie de Pitforthie (James Guthrie of Pitforthie)

Guthrie Role Grantee of the former archdeacon’s manse (now a fallen and ruinous tenement) in Brechin.

Other Primary Parties Identified

• Joannes Mortymer olim de Craigievar (John Mortimer, formerly of Craigievar) – grantor
• Witnesses: Jacobus Stratoun (writer to the signet) and Magister Georgius Stratoun, his son

Original Document Language Latin

Purpose Charter by which John Mortimer grants to James Guthrie of Pitforthie and his heirs the fallen and ruinous tenement that was formerly the manse of the Archdeacons of the church of Brechin.

Modern English Translation Charter granted by the foresaid John Mortymer, formerly of Craigievar, to James Guthrie of Pitforthie, his heirs and assignees, of that tenement of fallen and ruinous land which was formerly the manse of the Archdeacons of the church of Brechin (No. CXL) … 24 February 1637.

Historical or Genealogical Significance

• Records James Guthrie of Pitforthie acquiring the site of the former archdeacon’s manse in 1637.
• Links the Pitforthie branch of the family to a significant piece of former ecclesiastical property in Brechin.
• Matches the earlier index / Tabula references to Jacobus Guthrie de Pitforthie (App. 246).

Legal Terms and Scottish Practices

• Simple charter of alienation of a ruined urban tenement.
• Reference back to the earlier feufarm (No. CXL / CLXXIX).

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CXCIV
Page 250

Date of the Entry 11 April 1657

Guthrie(s) Identified

• Georgius Strachan, praefectus de Guthrie (George Strachan, Provost of Guthrie)

Guthrie Role Named among the chapter members who subscribe the charter re-granting a tenement to the Master of the Hospital of Brechin.

Other Primary Parties Identified

• Magister Joannes Strathauchin, archidiaconus Brechinensis (grantor)
• David, Bishop of Brechin, the dean and canons (consenting)
• Andreas Allan, magister hospitalis (recipient)
• Other chapter members: David Carnegy (dean), J. Guild (precentor), Robert Norie (rector of Lethnot), David Strachan (treasurer), etc.

Original Document Language Latin

Purpose Charter by which the Archdeacon of Brechin (with consent of the bishop and chapter) anew grants a tenement to Andrew Allan, Master of the Hospital, for the use previously specified.

Modern English Translation (Relevant extract)

… subscribed by the said archdeacon and bishop, David Carnegy dean, J. Guild precentor, Robert Norie rector of the church of Lethnot, George Strachan, provost of Guthrie, David Strachan treasurer, R. Stratone rector of Phinehaven, Hercules Skinner chancellor …

Historical or Genealogical Significance

• Records George Strachan as Provost of the Collegiate Church of Guthrie in 1657.
• Shows the continued formal association of the Provost of Guthrie with the chapter of Brechin into the mid-17th century (post-Reformation).
• Matches the pattern of earlier references to the Provost of Guthrie appearing in chapter acts.

Legal Terms and Scottish Practices

• Re-grant (“de novo dat”) of a tenement by the archdeacon with full chapter consent.
• The Provost of Guthrie is treated as a participating member of the cathedral chapter for this purpose.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CCXXVII
Page 274

Date of the Entry 10 September 1457

Guthrie(s) Identified

• Malcolmus de Guthery (Malcolm of Guthery / Guthrie)

Guthrie Role Witness to an instrument of sasine of two tenements with acres of arable land in Brechin.

Other Primary Parties Identified

• Johannes Willelmi (who resigns and takes sasine again in his own favour)
• Bailies: David Dempster, Richard Willelmi, and John Inglis
• Other witnesses: David Dempster of Ouchterles (bailie of the bishop), Cuthbert de Rate, Alexander Webster (serjeant), John Baxter, etc.

Original Document Language Latin

Purpose Instrument of sasine following a resignation by John Williamson of two tenements with arable acres, taken again in his own favour.

Modern English Translation (Relevant extract)

… witnesses: David Dempster of Ouchterles, bailie of the reverend father, Malcolm of Guthery, Cuthbert of Rate, Alexander Webster serjeant, John Baxter, with many others …

Historical or Genealogical Significance

• Records Malcolm of Guthery as a witness in Brechin in 1457.
• Consistent with the mid-15th-century appearances of Malcolm Guthrie as a local figure and property holder in the burgh (cf. the 1458, 1469 and 1485 references).

Legal Terms and Scottish Practices

• Sasine following resignation into the hands of the burgh bailies, taken again by the same party.
• Local witnesses of standing, including the bishop’s bailie.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CCLXV
Pages 301–302

Date of the Entry 22 April 1579

Guthrie(s) Identified

• Johannes Guthre (John Guthrie), now deceased (“quondam”)

Guthrie Role His former lands form the eastern boundary of one of the pieces of arable land (called Brounishillok) that William Broun is selling to Alexander Lyndesay of Wayn.

Other Primary Parties Identified

• Willelmus Broun, heir of the late David Broun, vicar pensioner of Edzell (seller)
• Alexander Lyndesay de Wayn (purchaser)
• Witnesses: Watt Roose of Murtoun, Master George Lyndesay, Henry Traill, etc.

Original Document Language Latin (with a short Scots subscription)

Purpose Charter of sale by which William Broun sells to Alexander Lyndesay of Wayn a tenement with garden and several pieces of arable land on the west side of Brechin.

Modern English Translation (Relevant extract)

… and another acre of arable land with its pertinents lying on the same part of the said City which is called Brounishillok … between the lands formerly of John Guthre on the east, the lands of the Haugh of Brechin on the west and south, and the lands called the Weitlandis on the north …

Historical or Genealogical Significance

• Provides a 1579 boundary reference to lands that had belonged to the late John Guthrie on the west side of Brechin.
• Continues the long series of references to John Guthrie (or his heirs) as neighbouring proprietors in the burgh into the later 16th century.

Legal Terms and Scottish Practices

• Carta venditionis: Charter of sale of urban and croft lands.
• Holding in free burgage of the King, with a nominal blench ferme of one penny.
• Detailed boundary descriptions using both living and deceased neighbours.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CCCIII
Page 336

Date of the Entry 10 July 1575

Guthrie(s) Identified

• Magister Hugo Guthrie (Master Hugh Guthrie), now deceased
• Cristina Rattray, his relict (widow)
• Patricius Guthrie, filius dicte Cristine (Patrick Guthrie, son of the said Cristine)

Guthrie Role

• Master Hugh Guthrie was the previous holder (the lands are confirmed to his widow in liferent and his son in fee).
• Cristina Rattray receives the lands of Dawgathy in liferent.
• Patrick Guthrie receives the lands in heritage.

Other Primary Parties Identified

• Alexander, Bishop of Brechin (grantor of the original feu-farm charter, now being confirmed)
• The Dean and Chapter of Brechin (consenting)

Original Document Language Latin

Purpose Precept of a charter of confirmation of a feu-farm of the town and lands of Dawgathy (in the barony of Kethik, sheriffdom of Forfar) previously granted by Bishop Alexander of Brechin, with consent of the chapter, to Cristina Rattray (widow of Master Hugh Guthrie) in liferent and to Patrick Guthrie, her son, in fee.

Modern English Translation Precept of a charter of confirmation upon a charter of feu-farm made by Alexander, Bishop of Brechin, with consent of the dean and chapter of the cathedral church of Brechin, to the late Cristina Rattray, relict of the late Master Hugh Guthrie, in liferent … and to Patrick Guthrie, son of the said Cristina, his heirs and assignees heritably, of the town and lands of Dawgathy with their pertinents lying in the barony of Kethik within the sheriffdom of Forfar … At Dalkeith, 10 July 1575.

Historical or Genealogical Significance

• Documents the family of Master Hugh Guthrie and his widow Cristina Rattray holding the lands of Dawgathy in 1575.
• Explicitly names their son Patrick Guthrie as the heir in fee.
• Provides one of the clearer parent–child links in the later 16th-century Guthrie material connected with the bishopric.
• Matches the earlier index / Tabula references to Hugo Guthrie and Patricius Guthrie in connection with Dawgathy (App. 336).

Legal Terms and Scottish Practices

• Preceptum carte confirmationis: Precept for a charter of confirmation of a previous feu-farm grant.
• In vitali redditu (liferent) to the widow and hereditarie to the son.
• Holding of the lands of Dawgathy in feu-farm of the Bishop of Brechin.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CCCV
Pages 336–337

Date of the Entry 3 February 1576/77

Guthrie(s) Identified

• Alexander Guthre de eodem (Alexander Guthrie of that Ilk), undoubted patron of the Collegiate Church of Guthrie
• Gabriel Guthre, his legitimate son (student at St Leonard’s)
• Andreas Guthre, his other legitimate son (student of grammar)

Guthrie Role

• Alexander Guthrie of that Ilk, as patron, grants the Provostship of the Collegiate Church of Guthrie to his son Gabriel for life, and the prebend of Hiltoun and Langlandis to his son Andrew for life.
• The document is the royal precept of confirmation of those two letters of donation.

Other Primary Parties Identified

• The King (James VI) – confirming the grants

Original Document Language Latin

Purpose Royal precept of confirmation of two letters of donation made by Alexander Guthrie of that Ilk, undoubted patron of the Collegiate Church of Guthrie:

1. Granting the Provostship of the Collegiate Church of Guthrie (with glebe, manor, yards, teinds, and all emoluments) to his legitimate son Gabriel Guthrie (student at St Leonard’s) for life.
2. Granting the prebend of Hiltoun and Langlandis in the same collegiate church (with glebe, manor, yard, teinds, and all emoluments) to his other legitimate son Andrew Guthrie (student of grammar) for life.

Modern English Translation (Relevant extracts)

Precept of a letter of confirmation upon a letter of donation made by Alexander Guthre of that Ilk, undoubted patron of the collegiate church of Guthre, to Gabriel Guthre his legitimate son, student in St Leonard’s, giving … the provostry of the said collegiate church … to the said Gabriel … for all the days of the said Gabriel’s life.

And also another letter of donation made by the said Alexander, the undoubted patron foresaid, to Andrew Guthre his other legitimate son, student in grammar, of the prebend of the said collegiate church of Guthre called the prebend of Hiltoun and Langlandis … for all the days of the said Andrew’s life.

At Holyroodhouse, 3 February 1576.

Historical or Genealogical Significance

• One of the most important late-16th-century family documents in the Register.
• Explicitly identifies Alexander Guthrie of that Ilk as patron of the Collegiate Church of Guthrie and names two of his legitimate sons: – Gabriel Guthrie (Provost) – Andrew Guthrie (prebendary of Hiltoun and Langlandis)
• Demonstrates the family’s continued control of the collegiate church that bears their name after the Reformation.
• Matches the earlier summary entry for the 1576–7 royal confirmations of Gabriel and Andrew Guthrie.

Legal Terms and Scottish Practices

• Patronus indubitatus: Undoubted patron with the right of presentation/donation.
• Letters of donation of a provostry and a prebend for life.
• Royal confirmation under the Great Seal (precept of a letter of confirmation).
• Reservation of the usual prayers and suffrages for the King and his successors.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CCCXXXIII
Page 345

Date of the Entry 26 December 1583

Guthrie(s) Identified

• Robert Guthrie of Lwnane (Robert Guthrie of Lunan)

Other Primary Parties Identified

• The King (James VI) – grantor of the tack (as successor to the canons of Brechin after the Reformation)

Original Document Language English (Scots summary in the printed register)

Purpose Tack (lease) for nineteen years granting to Robert Guthrie of Lunan the teinds of his own lands of Over Dysart in the parish of Brechin, which had formerly belonged in common to the canons of Brechin but since the Reformation belonged to the King.

Guthrie Role Tacksman (lessee) of the teinds of Over Dysart.

Modern English Translation Tack for nineteen years to Robert Guthrie of Lwnane of the teinds of his lands of Ovir Dysart within the parish of Brechin, belonging formerly in common to the canons of Brechin but since the reformation to the King, for yearly payment of ten pounds Scots. Dated at Halieruidhous 26th December 1583.

Historical or Genealogical Significance

• Records Robert Guthrie of Lunan holding a nineteen-year tack of the teinds of Over Dysart in 1583.
• Shows a member of the Lunan branch dealing directly with the Crown for the teinds of lands he already possessed.
• Continues the post-Reformation pattern of Guthrie landholders securing ecclesiastical teinds that had previously belonged to the cathedral chapter.

Registrum Episcopatus Brechinensis – Appendix Cartae Originales CCCLXXXVI
Page 370

Date of the Entry Last day of December 1595 (31 December 1595)

Guthrie(s) Identified

• Jacobus Guthrie (James Guthrie)

Other Primary Parties Identified

• Alexander Carnegie, junior, legitimate son of Master David Carnegie of Colluthy
• Master David Carnegie of Colluthy (who previously held and resigned the lands)
• Johannes Carnegie de eodem (reserved liferent)

Original Document Language Latin

Purpose Royal charter granting to Alexander Carnegie the western half of the lands and town of Balnabreich (with tower, fortalice, yards, orchards, mill, etc.), which had previously belonged heritably to James Guthrie and had been resigned by Master David Carnegie.

Guthrie Role The western half of Balnabreich is described as having previously belonged heritably to James Guthrie (cross-referenced to Cartae Originales CLV).

Modern English Translation (Relevant extract)

… that half, namely the western half, of the lands and town of Balnabreich (No. CLV) with the tower, fortalice, yards, orchards and buildings of the same … as it is divided from the eastern half of the same pertaining heritably to James Guthrie, lying in our lordship of Brechin within our sheriffdom of Forfar …

Historical or Genealogical Significance

• Confirms that in 1595 the western half of Balnabreich was still identified as the portion that had belonged heritably to James Guthrie (the portioner named in the 1589 precept, Cartae Originales CLV).
• Shows the continued association of the Guthrie name with the Balnabreich lands into the 1590s, even as the property moved into Carnegie hands.

Registrum Episcopatus Brechinensis – Appendix Rotuli Redituum, Page 427
(CCCCXL – Dominia de Brechin et Nevar)

Date of the Entry Last day of February 1484 (28 or 29 February 1484/85)

Guthrie(s) Identified

• Alexander Guthre de eodem (Alexander Guthrie of that Ilk)

Other Primary Parties Identified

• The King (James III) – as landlord of the lordship of Brechin

Original Document Language Latin

Purpose Entry in the royal rental of the lordships of Brechin and Nevar recording the temporary setting (assedation) of various lands, including Balnabreich.

Guthrie Role Tacksman of the lands of Balnabreich for a term of three years from the feast of Pentecost, paying £18 12s. 8d. with the customary services, and grassum only, with licence to have subtenants. He accepted the assedation at the King’s will because he claimed to hold the lands in feu-farm.

Modern English Translation (Relevant extract)

Balnabreich . . . Is set to Alexander Guthre of that Ilk for terms of three years from the feast of Pentecost, as above. From it in money £18 12s. 8d., with the customary services, grassum only, with licence to have subtenants; and he has accepted the assedation at the will of the Lord King, for the reason that he claims to have feu-farm.

Historical or Genealogical Significance

• Records Alexander Guthrie of that Ilk as the temporary holder (tacksman) of Balnabreich in 1484/85.
• Notes that he claimed a feu-farm right in the lands, which is why he accepted the setting only at the King’s will.
• Provides an early documentary link between the principal Guthrie of that Ilk line and the Balnabreich lands that later appear in the hands of the portioner branch.

End of the Series: Register of the Bishopric of Brechin

No.42
Ancient Criminal Trials in Scotland
Volume I. Part First.

This is Bannatyne Club Publication No. 42, a major three-volume (issued in seven parts) collection of transcripts and abstracts of Scottish criminal trials drawn primarily from the Books of Adjournal of the High Court of Justiciary and related manuscripts covering the period from 1488 to 1624. Edited by the advocate and antiquary Robert Pitcairn, the work supplies extensive historical notes and contextual commentary alongside the legal proceedings, making it an essential source for late-medieval and early-modern Scottish legal, social, and family history.

Pitcairn, Robert, ed. Ancient Criminal Trials in Scotland; Compiled from the Original Records and MSS., with Historical Illustrations, &c. 3 vols. in 7 parts. Edinburgh: Bannatyne Club, 1833. (Bannatyne Club Publications, No. 42.)

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume 1, Part 1

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 1, Page 72

Date of the Entry 14 December 1510 (court sitting); 18 December 1510 (trial)

Guthrie(s) Identified

• Alexander Guthrie de eodem, miles (Alexander Guthrie of that Ilk, knight)

Other Primary Parties Identified

• Andrew, Lord Gray (principal Justiciar, for whom Guthrie acts as depute)
• George Tuedy (accused)
• William Young (the deceased, described as a common thief)

Original Document Language Latin (court heading) and Scots/English (narrative)

Purpose Record of a sitting of the Justice Ayre of Peebles and the subsequent trial of George Tuedy for the slaughter of William Young.

Guthrie Role Justiciar Depute presiding over the Justice Ayre of Peebles in place of Andrew, Lord Gray.

Modern English Translation Court of the Justice Ayre of Peebles, held on Saturday, 14 December 1510, before Alexander Guthrie of that Ilk, knight, Justiciar Depute of Andrew, Lord Gray, etc.

Slaughter of a Common Thief. 18 December (Thursday, the fifth day of the Ayre). — George Tuedy delated of art and part of the Slaughter of William Young; and being accused thereof, the foresaid Justice depute, with the counsel and advice of the Lords then sitting as Assessors to him, because it clearly appeared that the said William had been and was a common Thief, as was proved by sundry of the King’s Letters under his signet and subscription-manual for taking the said William, etc., and that he had been slain in the commission of Theft and crimes: Therefore the said George was acquitted of the crime of the foresaid Slaughter; and command was given to the Justice Clerk that the said George should never thereafter be taken or indicted for the same.

Historical or Genealogical Significance

• Records Alexander Guthrie of that Ilk, styled knight, acting as Justiciar Depute in the Justice Ayre of Peebles in December 1510.
• Demonstrates his high status and involvement in the administration of royal justice in the early 16th century.
• Consistent with other contemporary appearances of Alexander Guthrie of that Ilk in official capacities.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 1, Page 143

Date of the Entry 5 August (16 James V – contextually 1529)

Guthrie(s) Identified

• James Guthry, Captain of the Castle of Crechtoune (James Guthrie, Captain of Crichton Castle)

Other Primary Parties Identified

• William Borthwick of Crukstoune (the injured party)
• John Lord Hay of Yester (owner of the lands where the sheep were grazing)
• Andrew Purves and ten others (found security to appear for the same crime)

Original Document Language Scots

Purpose Record of an amercement (fine) and assignment of a new term in a case of stouthreif (violent theft) and oppression.

Guthrie Role Accused (amerciated for failing to appear / underlying the law) as Captain of Crichton Castle, for art and part in the reiving of 100 sheep.

Modern English Translation 5 August. — James Guthry, Captain of the Castle of Crechtoune, amerciated for not underlying the law for art and part of the Stouthreif and Oppression done to William Borthwick of Crukstoune, in ‘reiving’ from his servant and shepherd of 100 sheep, being at the grazings upon the lands belonging to John Lord Hay of Yester. New term assigned, under the pain of rebellion, etc. — Andrew Purves and ten others found security to appear at the Justice-aire of Edinburgh, to answer for the same crime.

Historical or Genealogical Significance

• Records James Guthrie as Captain of Crichton Castle in 1529.
• Places him in a military/administrative role connected with a significant Border/Lothian stronghold and involved in a case of violent theft of livestock.
• Provides an early 16th-century appearance of a Guthrie holding an official castle captaincy.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 1, Page 254 (Appendix)

Date of the Entry 10 January 1539/40

Guthrie(s) Identified

• Johne Guthre of Balnabrech (John Guthrie of Balnabrech)

Other Primary Parties Identified

• Patrick Annand (the deceased / injured party, described as “vmqle” – the late)

Original Document Language Scots

Purpose Record of a royal respite (temporary protection from prosecution) granted in the Appendix of the Criminal Trials.

Guthrie Role Recipient of a 19-year respite for the crime of mutilation.

Modern English Translation 10 January. — Respite to John Guthrie of Balnabrech for the Mutilation of the late Patrick Annand, etc.: For 19 years.

Historical or Genealogical Significance

• Records John Guthrie of Balnabrech receiving a 19-year respite in January 1539/40 for the mutilation of Patrick Annand.
• Places a member of the Balnabrech branch of the family in a serious criminal matter in the late 1530s.
• Consistent with other mid-16th-century appearances of Guthries associated with Balnabrech / Balnabreche lands.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 1, Page 313 (Appendix)

Date of the Entry 28 James V (contextually 1540–41 period of the Appendix lists)

Guthrie(s) Identified

• Johnne Guthre (John Guthrie)

Other Primary Parties Identified

• Various members of the royal household (William Baird, James Wod, Normond Lesley, Patrik Kircaldy, James Watsoune, Johnne Tennent, and others listed in the same item)

Original Document Language Scots

Purpose Entry in a list of payments or rewards made to members of the royal household and officers.

Guthrie Role Yeoman in the King’s Chamber (listed among those receiving a uniform payment).

Modern English Translation Item, to William Baird, James Wod, Ushers of the Outer-Chamber-Door; Normond Lesley, Patrik Kircaldy, Johnne Guthre, and James Watsoune, yeomen in the King’s Chamber; Johnne Tennent, yeoman in the Wardrobe; … ilkane of thir personis, xiiij s. vj d., summa …

Historical or Genealogical Significance

• Records a John Guthrie serving as a yeoman in the King’s Chamber during the reign of James V.
• Places a member of the family in a personal, household role close to the monarch in the early 1540s.
• Distinct from the landed “of Balnabrech” or “of that Ilk” appearances; this is a court/household context.

No.42
Ancient Criminal Trials in Scotland
Volume I. Part Second.

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume 1, Part 2

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Page 16

Date of the Entry 1570 (same day as the preceding entry on the page)

Guthrie(s) Identified

• Archibald Guthre (Archibald Guthrie), bailie for the Commendator of Arbroath
• Alexander Guthre de Kincoldrum (Alexander Guthrie of Kincaldrum)

Guthrie Role

• Archibald Guthrie acted as bailie for George, Commendator of the Monastery of Arbroath, and replegiated the accused to the privilege and jurisdiction of the Regality of Arbroath.
• Alexander Guthrie of Kincaldrum became surety (pledge) for the entry of the accused to underlie the law for the said crime.

Other Primary Parties Identified

• Robertus Rait, Robertus Wishart, Joannes Richie, and Joannes Fettes (the accused)
• Willelmus Sibbald (the injured party, brother of David Sibbald of Cair)
• George, Commendator of the Monastery of Arbroath
• Willelmus Rait de Halgrene (additional pledge for the administration of justice)

Original Document Language Latin (with Scots verdict)

Purpose Replegiation of four men accused of the invasion and cruel wounding of William Sibbald to the Regality of Arbroath, with sureties found for their appearance.

Modern English Translation On the same day as above. Robert Rait, Robert Wishart, John Richie and John Fettes were delated of art and part of the invasion of William Sibbald, brother of David Sibbald of Cair, for his wounding and the cruel wounding of the same in his head, to the great effusion of his blood, by the discharge of a small firearm (the bent pistol), and leaving him in danger of death, committed on the last day of April last at the hill called St Gilbert’s-hill, as is more fully contained in the royal letters directed thereupon.

By Archibald Guthrie, bailie in this part for George, Commendator of the Monastery of Arbroath, by virtue of the commission of the same, they were replegiated to the privilege and jurisdiction of his Regality, as if dwelling within the bounds of the same; assigning the third day of the next ayre of the said Regality, or elsewhere upon fifteen days’ premonition, for their appearance to underlie the law for the said crime.

Pledge: Alexander Guthrie of Kincaldrum, for their entry to underlie the law for the said crime; and the foresaid William Rait of Halgrene became pledge for the administration of justice in the premises, according to the form of law.

Historical or Genealogical Significance

• Records Archibald Guthrie acting as bailie for the Commendator of Arbroath in 1570.
• Records Alexander Guthrie of Kincaldrum acting as surety in the same proceedings.
• Continues the documented involvement of both the Kincaldrum branch and other Guthries in legal and jurisdictional matters in Angus.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Page 29

Date of the Entry 28 December 1571 (5 James VI)

Guthrie(s) Identified

• Alexander Guthre, burges of Edinburgh (Alexander Guthrie, burgess of Edinburgh)

Guthrie Role Accused (delated) of assisting the rebels who were holding the town of Edinburgh against the King.

Other Primary Parties Identified

• Robert Rynd and Johanne Fergusoune, burgesses of Edinburgh (pledges / sureties)

Original Document Language Scots

Purpose Record of a delation for treason (assisting the rebels in withholding the town of Edinburgh) and the finding of sureties for the accused’s appearance.

Modern English Translation 28 December. — Alexander Guthre, burgess of Edinburgh. Delated of the assistance made and given by him to the rebels, withholders of the town, in fortifying, strengthening and detaining thereof against our sovereign lord and his authority. — Pledges: Robert Rynd and John Fergusoune, burgesses of Edinburgh, jointly and severally. To the last day of January next to come; and thereafter continued to the penult day of August.

Historical or Genealogical Significance

• Records Alexander Guthrie, burgess of Edinburgh, charged in December 1571 with assisting the rebels who held Edinburgh against the young King James VI (during the Marian civil war period).
• Provides a clear political/criminal appearance of an Edinburgh Guthrie during the turbulent early years of James VI’s minority.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Pages 74–76

Date of the Entry 29 June 1577 (10 James VI)

Guthrie(s) Identified

• Alexander Guthre of that Ilk (Alexander Guthrie of that Ilk)
• David Guthre, fiar of Kincaldrum (David Guthrie, fiar of Kincaldrum)
• Henrye Guthere of Colestoune (Henry Guthrie of Colestoun)

Guthrie Role All three served as members of the Assize (jury) in the trial of Sir David Grahame of Fintry and his brothers.

Other Primary Parties Identified

• Sir David Grahame of Fintry, knight, and his brothers Walter and James Grahame (the accused)
• Johnne Pegot (the person alleged to have been taken)
• Robert Belouch / Betoune of Westhall (the rebel with whom they were accused of intercommuning)

Original Document Language Scots

Purpose Trial of Sir David Grahame of Fintry and his brothers for oppression (the taking of John Pegot) and for intercommuning with the rebel Robert Betoune of Westhall.

Modern English Translation (Assize list extract)

Assize: Gilbert Ogilbye of that Ilk, George Gray of Scheilhill, David Rossie of that Ilk, Thomas Fotheringhame of Powrie, George Drummond of the Blair, David Lindesay of Edzell, Alexander Guthre of that Ilk, Robert Durhame of the Grange, David Guthre, fiar of Kincaldrum, George Haliburtoune of Petcure, Henrye Guthere of Colestoune, The Laird of Auchinlek, Robert Erskyn, fiar of Dun, George Somer of Balzordie, Alexander Lauder of Winmoquhe.

Historical or Genealogical Significance

• Records three members of the Guthrie family serving together on the same assize in 1577: – Alexander Guthrie of that Ilk – David Guthrie, fiar of Kincaldrum – Henry Guthrie of Colestoun
• Demonstrates the continued local standing and involvement of both the principal Guthrie of that Ilk line and the Kincaldrum branch in the administration of justice in the 1570s.

Legal Terms and Scottish Practices

• Assisa / Assize: The jury of assize in a criminal trial before the Justice Court or Justice Ayre.
• Fiar: The person holding the fee (heritable right) of a property, as opposed to a liferenter.
• Intercommuning with rebels: The crime of communicating, assisting, or harbouring persons who had been declared rebels (often under process of horn).
• Replegiation: The process by which a lord of regality could reclaim jurisdiction over a person residing within his bounds.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Pages 77–78

Date of the Entry 26 February 1577/78 (11 James VI)

Guthrie(s) Identified

• Mr Alexander Guthre (Master Alexander Guthrie)

Guthrie Role Prelocutor (counsel) in defence for the accused in a slaughter trial.

Other Primary Parties Identified

• Williame Thrisle in Dundie, skipper of the Nychtingall, and others (the accused)
• Robert Watsoun in Leyth (the deceased)
• Elizabeth Andersoun, relict of the deceased, and the three fatherless children (pursuers)

Original Document Language Scots

Purpose Trial of William Thrisle (skipper of the ship Nightingale) and several mariners for the cruel slaughter of Robert Watson in Leith, committed in October 1577.

Modern English Translation (Relevant extract)

Prelocutors in defence: The Constable of Dundee, Mr Johnne Scharp, The Laird Eggell, Mr Alexander Guthre, The Master of Glammis, Mr Richard Strang.

Verdict: On the margin of the Record, ‘Omnes Acquit, de omnibus infra script.’ (All acquitted of all the crimes written below.)

Historical or Genealogical Significance

• Records Master Alexander Guthrie acting as prelocutor (defence counsel) in a criminal trial before the Justice Court in 1578.
• The designation “Mr” indicates he was a university graduate, consistent with other educated members of the family appearing in legal roles in this period.

Legal Terms and Scottish Practices

• Prelocutor / Preloquitour: Counsel or advocate speaking on behalf of a party (here, for the defence).
• Dilatio / Delation: Formal accusation or indictment.
• Assize verdict recorded in Latin on the margin: A common practice in the Books of Adjournal.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Page 343

Date of the Entry 13 May 1549

Guthrie(s) Identified

• Mr Hugh Guthre (Master Hugh Guthrie)

Guthrie Role Victim of the alleged cruel slaughter.

Other Primary Parties Identified

• James Wod of Bonyngtoune (accused of art and part in the slaughter)
• Richard Maitland of Lethingtoune (surety)

Original Document Language Scots

Purpose Record of a delation (accusation) for slaughter, with the accused being excused as sick and finding surety to appear at the next Justice Ayre of Forfar.

Modern English Translation 13 May. — James Wod of Bonyngtoune delated of art and part of the cruel Slaughter of Mr Hugh Guthre. — Proved to be sick. Richard Maitland of Lethingtoune became surety for his entry at the next Aire of Forfar.

Historical or Genealogical Significance

• Records the death by violence of Master Hugh Guthrie in or before May 1549.
• The use of “Mr” (Master) indicates he was a university graduate or cleric.
• The case was to be heard at the Justice Ayre of Forfar, placing the event in that sheriffdom.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Page 408

Date of the Entry 12 March 1560/61 (with follow-up on 30 April)

Guthrie(s) Identified

• Alexander Guthrie in Elgyne (Alexander Guthrie in Elgin), burgess of Elgin

Guthrie Role Accused (delated) of art and part in an armed convocation and the wounding of Lady Pittendreich’s servants. Later amerciated for non-appearance and denounced rebel.

Other Primary Parties Identified

• James Hay of Mayne and George Monro of Dalcarthy (fellow accused)
• Elizabeth Douglas, Lady of Pittendreich (whose tenants and servants were attacked)
• Alexander Robertsone in Pittendreich and Alexander Henry in Brounsyde (the wounded parties)

Original Document Language Scots

Purpose Record of a delation for illegal convocation of the lieges and the wounding of Lady Pittendreich’s servants, with subsequent proceedings for non-appearance.

Modern English Translation 12 March 1560/61. — James Hay of Mayne, George Monro of Dalcarthy, Alexander Guthrie in Elgin, and seven other burgesses of Elgin, delated for Convocation of our sovereign lady’s lieges, to the number of eight score persons or thereby, on the 8th day of January last bypast, armed in fear of war, contrary to the Acts of Parliament, and setting upon Alexander Robertsone in Pittendreich, etc., tenants and servants to Elizabeth Douglas, Lady of Pittendreich, and hurting and wounding them in diverse parts of their bodies, to the great effusion of their blood, and left the said Alexander Robertsone and Alexander Henry (in Brounsyde) lying for dead, upon old feud and forethought felony, etc.

Guthrie and two others [ordered] to answer at the next ayre of Elgin and Forres. — (30 April) Amerciated for non-appearance, (and denounced rebels).

Historical or Genealogical Significance

• Records Alexander Guthrie, burgess of Elgin, involved in a serious case of armed convocation and wounding in early 1561.
• Shows a Guthrie presence in Elgin (Moray) and participation in local feuding.
• He failed to appear at the subsequent Justice Ayre and was denounced rebel.

Legal Terms and Scottish Practices

• Convocation of the lieges: The illegal gathering of armed men, contrary to Acts of Parliament.
• Forethought felony: Premeditated crime (as opposed to hot-blooded action).
• Amerciated for non-appearance: Fined for failing to appear when summoned.
• Denounced rebel: Formally declared rebel after non-appearance (process of horn).

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Page 411

Date of the Entry 1 December 1561

Guthrie(s) Identified

• Thomas Guthre of Kynbach (Thomas Guthrie of Kinbach / Kynbach)

Guthrie Role Protester – claimed damage and skaith because he had been charged by Letters to underlie the law, yet no party appeared to pursue him.

Other Primary Parties Identified

• James Schoriswod (accused of the slaughter of Lady Ullesthaven)
• Helene Stirling, Lady Ulleshevene (the deceased)
• James Stratoune and James Lychtoun, Parson of Dunloppy (who offered to pursue the case)

Original Document Language Scots

Purpose Record of proceedings in the case of the slaughter of Lady Ullesthaven, including a protest by Thomas Guthrie of Kynbach.

Modern English Translation Thomas Guthre of Kynbach protested for his damage and skaith sustained by him, that insofar as he was charged by the Letters to underlie the law, and that no party compeared to pursue him, that he might recover the same, either upon the officer executor of the Letters or the party; and thereupon asked instruments.

Historical or Genealogical Significance

• Records Thomas Guthrie of Kynbach in 1561 as a person who had been cited to appear in a serious criminal case (the slaughter of Lady Ullesthaven) but against whom no pursuer appeared.
• Provides a mid-16th-century appearance of a Guthrie holding the designation “of Kynbach.”

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Page 433

Date of the Entry 7 July 1563

Guthrie(s) Identified

• Mr Hew Guthrie (Master Hugh Guthrie) – the deceased
• Alexander Guthrie, Messenger

Guthrie Role

• Mr Hew Guthrie is the victim of the slaughter (committed in February 1548 under the Castle wall of Brechin).
• Alexander Guthrie, Messenger, is one of the three men finding caution to answer for art and part in that slaughter.

Other Primary Parties Identified

• James Wod of Bonyngtoune and William his brother (co-accused)
• Lord Ruthven (cautioner)
• Cristeane Rettray and William Tyrie (her spouse) – pursuers (who passed from the pursuit of the Laird at this time)
• Mr John Hepburne in Brechin and John Low (additional sureties for assythment)

Original Document Language Scots

Purpose Record of caution being found by James Wod of Bonyngtoune, his brother William, and Alexander Guthrie, Messenger, to appear at the next Justice Ayre of Forfar to answer for the slaughter of Master Hugh Guthrie.

Modern English Translation 7 July. — James Wod of Bonyngtoune, William his brother, and Alexander Guthrie, Messenger, found Lord Ruthven cautioner for their entry at the next Aire of Forfar, to underlie the law for ‘arte and parte of the Slaughter of the late Mr Hew Guthrie, under the Castell-wall of Brechin, in the month of February 1548 years; upon old feud, set purpose, provision, and forethought felony.’

Cristeane Rettray and William Tyrie, ‘now her spouse,’ pursuers, ‘pass from the pursuit of the Laird at this time’; whereupon the Laird took instruments.

The said William Wod ‘asked instruments that he required the Laird, his brother, to read the special Remission granted to him and the said William and others for the said Slaughter, to the effect that he might use the same.’ The said Laird ‘answered that he had already produced a Remission sufficient for the said William for the said crime.’

Mr John Hepburne in Brechin and John Low became sureties along with the said William for Assythment of party.

Historical or Genealogical Significance

• Confirms the earlier 1549 reference: Master Hugh Guthrie was killed under the Castle wall of Brechin in February 1548.
• Shows the case still active in 1563, with James Wod of Bonyngtoune and others (including a messenger named Alexander Guthrie) still under obligation to answer for it.
• Links the death of Master Hugh Guthrie to a long-running feud involving the Woods of Bonnyton.

Legal Terms and Scottish Practices

• Assythment: Compensation paid to the kin of a slain person as part of settling a blood feud.
• Forethought felony: Premeditated killing.
• Remission: Royal pardon or letter of remission for a crime.
• Cautioner / Surety: Person who becomes bound for the appearance of the accused or for payment of assythment.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 2, Pages 442–450

Date of the Entry 6–23 June 1564 (with related Act of 15 March 1563/64)

Guthrie(s) Identified

• Alexander Guthrie / Guthre / Guthré, Commoun Scribe (Town Clerk) of Edinburgh

Guthrie Role

• One of the Magistrates / Councillors of Edinburgh charged with art and part in releasing William Patersoune from the Tolbooth.
• Common Scribe (Town Clerk) of Edinburgh; ordered to produce the Common Book containing the relevant Acts.
• Subscriber of an Act dated 15 March 1563 concerning the release.

Other Primary Parties Identified

• Maister Johne Spens, Dauid Symmer, Mr Robert Glen (Bailies)
• Eduard Houpe, James Barroune, Alexander Park (Treasurer), and other Councillors
• William Patersoune (the prisoner who was released)
• Nicoll Ȝoung (the injured party who later died of his wounds)
• The Queen’s Advocates (pursuers)

Original Document Language Scots

Purpose Criminal proceedings against the Magistrates and Council of Edinburgh for releasing William Patersoune from the Tolbooth after he had mortally wounded Nicoll Ȝoung. The case involves arguments about jurisdiction, whether the release constituted a crime, and the production of the town’s official records.

Modern English Translation 6 June 1564. — Master John Spens, David Symmer, Mr Robert Glen (Bailies), together with other members of the Council, and Alexander Guthrie (Common Scribe / Town Clerk of Edinburgh), were charged with art and part in setting William Patersoune, burgess of Edinburgh, at liberty from the Tolbooth after he had recently wounded the late Nicoll Young (who was lying in danger of death). Young died of the injury within twenty-four hours of Patersoune’s release.

The Queen’s Advocates required Alexander Guthrie, Common Scribe of Edinburgh, in the Queen’s name, to produce immediately the Common Book in which the Acts concerning the release of William Patersoune were recorded.

An Act dated 15 March 1563, produced by the Advocate and subscribed by Alexander Guthrie, was also brought into the proceedings.

Historical or Genealogical Significance

• Records Alexander Guthrie as Common Scribe (Town Clerk) of Edinburgh in 1563–64.
• Shows him both as one of the officials charged in a high-profile case and as the keeper of the burgh’s official records that were demanded in court.
• Provides a clear mid-16th-century appearance of a Guthrie holding a senior administrative office in the capital.

No.42
Ancient Criminal Trials in Scotland
Volume I. Part Third.

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume 1, Part 3

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 3, Page 258

Date of the Entry 21 May 1591 (at Edinburgh)

Guthrie(s) Identified

• Alexander Guthrie, fiar (and apparent) of Kincaldrum

Guthrie Role Cautioner and surety for William Douglas, Master of Angus (eldest lawful son of William, Earl of Angus). He bound himself that the Master of Angus would go to Dundee within four days, remain there until he sailed out of the realm within forty days, and not return without the King’s licence, under a penalty of ten thousand pounds.

Other Primary Parties Identified

• William Douglas, Master of Angus (the person for whom caution was found)
• William, Earl of Angus (his father)
• William, Maister of Angus and David Grahame of Fintrie (the preceding entry on the same page, who had been ordered to lose their liferents for declining the true religion)

Original Document Language Scots

Purpose Record of caution found by Alexander Guthrie of Kincaldrum for the temporary exile of the Master of Angus.

Modern English Translation 21 May, at Edinburgh. — Alexander Guthrie, fiar of Kincaldrum, became acted and obliged as cautioner and surety to William Douglas (Master of Angus), eldest lawful son to William, Earl of Angus, that he shall repair to the town of Dundee within the space of four days after the date hereof, and therein remain until he make sail and depart forth of this realm within the space of forty days thereafter: And that he shall not return again within the same without his Majesty’s licence obtained to that effect, under the pain of ten thousand pounds.

(Subscribed) Alexander Guthrie, apparent of Kincaldrum.

Historical or Genealogical Significance

• Records Alexander Guthrie as both fiar and apparent of Kincaldrum in May 1591.
• Shows him acting as a high-value surety (£10,000) for the Master of Angus in a politically sensitive matter involving religious non-conformity and temporary banishment.
• Continues the documented prominence of the Kincaldrum branch in national affairs in the early 1590s.

Legal Terms and Scottish Practices

• Fiar / Fear: Holder of the fee (heritable right) of the lands.
• Apparent / Appeirand: The heir-apparent.
• Cautioner / Surety: Person who becomes bound under a monetary penalty for another’s performance of an obligation (here, exile and non-return).
• Acted and obliged: Formally entered in the court books as bound.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 3, Pages 352–353

Date of the Entry 23 December 1595 (charges issued); appearance appointed for 8 February (for Guthrie of that Ilk)

Guthrie(s) Identified

• Guthrie of that Ilk

Guthrie Role One of the persons charged to appear before the King and Council at Holyroodhouse concerning a deadly feud, ordered to keep their lodgings after arrival until specially sent for.

Other Primary Parties Identified

• David, Earl of Crawford (listed with Guthrie of that Ilk for the same appearance date)
• Numerous other nobles and lairds charged on various dates (Master of Eglintoun, Earl of Glencairn, Earl of Montrose, etc.)

Original Document Language Scots

Purpose Royal charge against persons involved in deadly feuds, requiring them to appear before the King and Council so that order might be taken for removing the feuds.

Modern English Translation (Relevant extract)

23 December. — ‘Charge against persons under deadly feud,’ to appear before the King and Council ‘at Haliruidhous;’ and ‘that they keep their lodgings after their coming, until they be specially sent for,’ etc.

… David, Earl of Crawford, and . . . Guthrie of that Ilk, upon 8 February …

To underlie such order as shall be prescribed touching the removing of the said feuds, etc. With certification that if they fail, ‘they shall be reputed, held and pursued with fire and sword, as enemies to God, his Majesty, and to the common weal and quietness of this their native country, with all rigour and extremity.’

Historical or Genealogical Significance

• Records the Laird of Guthrie (Guthrie of that Ilk) as a party to a deadly feud in late 1595, significant enough to be summoned before the King and Council alongside the Earl of Crawford.
• Demonstrates the continued involvement of the principal Guthrie line in the feud culture of late-16th-century Scotland and the Crown’s efforts to suppress it.

Legal Terms and Scottish Practices

• Deadly feud: A state of ongoing private warfare or blood feud between kindreds.
• Charge to appear before the King and Council: A common mechanism used by James VI to force warring parties to submit to arbitration or royal order for the removal of feuds.
• Certification of fire and sword: The formal warning that non-compliance would result in being treated as public enemies.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume 1, Part 3, Pages 372–373

Date of the Entry 8 June 1596 (with royal warrant dated 4 June 1596)

Guthrie(s) Identified

• Alexander Guthre of that Ilk (the deceased)
• Isobel Wod, Lady Guthre (his relict)
• James Guthre of Gagye
• David Guthre and Gabriell Guthre (sons of the deceased)
• The kin and friends of the late Alexander Guthre of that Ilk

Guthrie Role

• Alexander Guthre of that Ilk is the victim of the cruel slaughter.
• His widow (Isobel Wod, Lady Guthre), James Guthrie of Gagye, and his sons David and Gabriel, together with the kin and friends, are the pursuers who purchased letters to bring Thomas Gardyn to justice.
• James Guthrie of Gagye compears, produces the letters, and takes surety.

Other Primary Parties Identified

• Thomas Gardyn, sometime in Bandoch, now in Legatstoun (the accused)
• Mr Jacobus Fowlis (Justice-Depute)
• Mr David Peirsoun (who produced the royal warrant)

Original Document Language Scots (with Latin heading and royal warrant in Scots)

Purpose Proceedings against Thomas Gardyn for the cruel slaughter of Alexander Guthrie of that Ilk, including the production of letters by the widow and kin, the finding of surety, and the subsequent royal deferral of the diet because the feud had been submitted to the Council for reconciliation.

Modern English Translation

[Mr Jacobus Fowlis, Justice-Depute, constituted by commission of our sovereign lord the King.]

Slaughter.

8 June. — Thomas Gardyn, sometime in Bandoch, now in Legatstoun.

Compeared James Guthrie of Gagye, and produced our sovereign lord’s letters, duly executed and endorsed, which had been purchased by Isobel Wod, Lady Guthre, the relict; James Guthre of Gagye; David and Gabriel Guthries, sons; together with the kin and friends of the late Alexander Guthre of that Ilk. These letters were to take surety of Thomas Gardyn, sometime in Bandoch, now in Legatstoun, that he should compear before our Sovereign’s Justice and his Deputes this day and place, and underlie the law for art and part of the cruel slaughter of the said late Alexander Guthre of that Ilk. He desired process thereupon, and protested that he, as cautioner, should be relieved of his cautionary obligation.

Compeared Mr David Peirsoun, and produced a Warrant of his Majesty, dated at Linlithgow the 4th day of June instant, to desert the diet; and he desired that the same should be obeyed. The tenor of the Warrant follows:

REX,

Justice, Justice-Clerk and your deputes, We greet you well. Forasmuch as it is understood to us that our other Letters have been raised, at the instance of the children, kin and friends of the late Alexander Guthre of that Ilk, and of our Advocates for our interest, for calling of Thomas Gardyn of Bandoch to underlie our laws before you, upon the 8th day of June instant, for art and part of the Slaughter of the said late Alexander, as our said Letters at length bear: Notwithstanding whereof, in respect We have already caused that deadly feud standing between the houses of Gardyn and Guthre, among others, to be assured and submitted to certain of our Council, Barons and Ministers, for reconciliation and removing thereof; all such pursuits would in the meantime be stayed that may hinder the same: And therefore it is our will, and We command you, that upon the sight hereof you desert the said diet, appointed the said 8th day of June instant; and in no wise unlaw the said Thomas nor his cautioner for not entering thereat, but desist from all manner of proceeding therein; that according to the submission, the remaining of the feud may be the better handled, and proceed without impediment. As you will answer to us upon your office and obedience: Whereanent these presents shall be your warrant. Subscribed with our hand, at Linlithgow, the 4th day of June, 1596.

(Signed) JAMES R.

Which Warrant the Justice obeyed, and thereupon deserted the said Court, in respect that no contrary warrant was produced.

Historical or Genealogical Significance

• Records the violent death of Alexander Guthrie of that Ilk at the hands of Thomas Gardyn.
• Explicitly names his widow Isobel Wod (styled Lady Guthre) and at least two sons, David and Gabriel.
• Shows James Guthrie of Gagye acting on behalf of the family in the prosecution.
• Demonstrates that a formal deadly feud existed between the houses of Guthrie and Gardyn, which King James VI was actively attempting to settle by compulsory arbitration in 1596.

Legal Terms and Scottish Practices

• Letters purchased by the kin: Private criminal prosecution initiated by the widow and nearest of kin.
• Taking surety / caution: Binding the accused (or a cautioner for him) to appear under financial penalty.
• Deadly feud submitted to the Council: The Crown’s preferred method in the 1590s for ending private warfare by compulsory arbitration before members of the Privy Council, barons and ministers.
• Deserting the diet: Formally abandoning or postponing the appointed trial day by royal warrant.

No.42
Ancient Criminal Trials in Scotland
Volume II. Part First.

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume II, Part 1

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 1, Page 74

Date of the Entry 30–31 January 1599 (warrant dated 30 January 1598)

Guthrie(s) Identified

• Mr Dauid Guthre (Master David Guthrie)

Guthrie Role Prelocutor (counsel) for William Murray, the pursuer / injured party.

Other Primary Parties Identified

• George Home in Aytoune (the accused)
• Williame Murray, burgess of Edinburgh (the victim of the robbery)

Original Document Language Scots

Purpose Proceedings against George Home in Aytoune for umbesetting William Murray on Coldingham Moor and masterfully stealing a large sum of money from him. Master David Guthrie appears as counsel for the pursuer and requests a continuation.

Modern English Translation 30 January. — George Home in Aytoune.

Delated of umbesetting of William Murray, burgess of Edinburgh, upon Coldingham-moor, and masterfully stealing from him of one thousand three-score seven pounds 4s. 4d. in gold and silver.

Compeared Mr David Guthrie, as prelocutor for William Murray, who has special interest in this matter; and desired this matter may continue until the morrow, that he may come sufficiently instructed with probationes, that (he) cannot have for the present. — The pannel desired that he might be put to the knowledge of an Assize of country men.

31 January. — Compeared William Murray, merchant burgess of Edinburgh, and produced a Warrant, subscribed by the King’s Majesty… [ordering the proceedings against George Home to be stayed until further warrant].

Historical or Genealogical Significance

• Records Master David Guthrie acting as prelocutor (legal counsel) for a burgess of Edinburgh in a major robbery case in 1599.
• The designation “Mr” indicates he was a university graduate, consistent with other educated members of the family appearing in professional legal roles at this period.

Legal Terms and Scottish Practices

• Prelocutor / Preloquitour: Counsel or advocate speaking on behalf of a party.
• Umbesetting the highway: The crime of lying in wait on a public road to attack or rob travellers.
• Masterful theft: Theft committed with force or violence.
• Continuation for probationes: Postponement to allow the party to bring sufficient proof.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 1, Page 101

Date of the Entry 14–18 December 1599 (33 James VI)

Guthrie(s) Identified

• Alexander Guthrie, elder of Kincaldrum
• David Guthrie, younger of Kincaldrum
• Gedeon Guthrie, in Lytill Lowre
• Williame Guthre of Langlandis of Guthrie
• Alexander Guthrie, fiar of that Ilk
• James Guthrie (the deceased), son to Alexander Guthrie (elder) of that Ilk

Guthrie Role

• Five members of the Guthrie family (together with two others) are delated of art and part in the slaughter of James Guthrie, son of Alexander Guthrie (elder) of that Ilk.
• The victim is himself a Guthrie of the principal line.

Other Primary Parties Identified

• Johne Rynd, younger of Kerse
• Arthour Erskyn, portioner of Auchterforfar
• Mr Robert Lyntoune and Mr Thomas Hammiltoune of Drumcarne (Advocates / pursuers)

Original Document Language Scots

Purpose Delation and initial proceedings against a group of men (including several Guthries) for the slaughter of James Guthrie, son of Alexander Guthrie of that Ilk, committed in June 1599. The case was continued and ultimately remitted to the Justice Ayre of Forfar.

Modern English Translation 14 December. — Alexander Guthrie, elder of Kincaldrum; David Guthrie, younger of Kincaldrum; John Rynd, younger of Kerse; Arthur Erskine, portioner of Auchterforfar; Gideon Guthrie, in Little Lowre; William Guthrie of Langlands of Guthrie; Alexander Guthrie, fiar of that Ilk.

Delated of art and part of the slaughter of the late James Guthrie, son to Alexander Guthrie (elder) of that Ilk; committed in June last bypast.

The Justice continues this matter to the morrow; and the Assize, compearing, were warned personally to compear the morrow; each person under the pain of two hundred marks.

15 December. — Continued to 18 December; the Inquest of new to compear the said day.

18 December. — Continued to the Justice-aire of the sheriffdom of Forfar, or sooner upon 15 days’ warning.

Historical or Genealogical Significance

• Records an intra-family (or closely related) killing: James Guthrie, son of Alexander Guthrie of that Ilk, was slain in June 1599.
• Among those accused are Alexander Guthrie, elder of Kincaldrum; his son David (younger of Kincaldrum); Gideon Guthrie in Little Lowre; William Guthrie of Langlands of Guthrie; and Alexander Guthrie, fiar of that Ilk.
• Demonstrates serious internal conflict involving both the principal Guthrie of that Ilk line and the Kincaldrum branch at the end of the 16th century.

Legal Terms and Scottish Practices

• Dilatio / Delation: Formal accusation before the Justice Court.
• Art and part: Being accessory to, or participating in, the crime.
• Continuation to the Justice Ayre: Remitting the case from the central court to the next circuit court of the relevant sheriffdom (here Forfar).
• Warning under pain of 200 marks: Standard penalty for non-appearance of assizers.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 1, Page 103

Date of the Entry 8 January 1600 (33 James VI)

Guthrie(s) Identified

• Alexander Guthrie of that Ilk (the deceased)
• Alexander Guthrie, younger of that Ilk (the pursuer)

Guthrie Role

• Alexander Guthrie of that Ilk is the victim of the slaughter (committed in October 1587 by hamesucken).
• Alexander Guthrie, younger of that Ilk, is the pursuer of the action.

Other Primary Parties Identified

• Thomas Gairdyn of Legatstoune (the accused)
• William Stewart of Seytoun and George Gardin of Latoune (cautioners)

Original Document Language Scots

Purpose Delation of Thomas Gairdyn of Legatstoune for the hamesucken and slaughter of Alexander Guthrie of that Ilk in 1587. The accused produces a royal remission and is ordered to find caution to satisfy the party.

Modern English Translation 8 January 1600. — Thomas Gairdyn of Legatstoune.

Delated of art and part of the slaughter of the late Alexander Guthrie of that Ilk; committed in the month of October, the year of God 1587, by way of Hamesucken, beside the Place of Inverpeffer, upon set purpose, provision, old feud and forethought felony.

Pursuer: Alexander Guthrie, younger of that Ilk.

The pannel produced our sovereign lord’s Remission under the Great Seal, dated at Aberdeen the first day of August 1589, granted by his Highness for the said crime, and took him thereto: Which was admitted by the Justice-depute, who ordained him to find caution and surety to satisfy the party, as law will: Like as, the said Thomas, for obedience of the said ordinance, found William Stewart of Seytoun, George Gardin of Latoune, and himself.

Historical or Genealogical Significance

• Confirms the earlier 1596 proceedings: Alexander Guthrie of that Ilk was killed by Thomas Gardyn (Gairdyn) in October 1587 by hamesucken near Inverpeffer.
• Shows that by January 1600 the pursuer is Alexander Guthrie, younger of that Ilk (presumably the son and successor).
• The accused had obtained a royal remission as early as August 1589, but was still required in 1600 to find caution for assythment of the party.

Legal Terms and Scottish Practices

• Hamesucken: The crime of assaulting a person in their own house or dwelling-place (an aggravated form of assault).
• Remission under the Great Seal: Royal pardon for a capital crime.
• Satisfy the party / Assythment: Payment of compensation to the kin of the slain person, required even after a remission.
• Forethought felony: Premeditated killing.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 1, Pages 130–131

Date of the Entry 15 July 1600 (with royal warrant dated 28 June 1600)

Guthrie(s) Identified

• Patrik Guthre of Pitmowes (Patrick Guthrie of Pitmuies / Pitmowes)

Guthrie Role One of those initially delated for art and part in the slaughter of Patrick Rynd and the wounding of Alexander, Lord Spynie. A royal warrant ordered him to be deleted from the criminal summons so that he should not be called or pursued for the matter.

Other Primary Parties Identified

• James, Master of Ogilvie; Sir Johne Ogilvie of Craig; Mr Dauid Ogilvie; Frances Ogilvie (the principal accused, brothers)
• James Gordoun (servant to the Master)
• Johne Barclay (son to George Barclay of the Syde)
• Patrick Rynd (the deceased, son of William Rynd of Kerse)
• Alexander, Lord Spynie (the wounded party)

Original Document Language Scots

Purpose Delation of the Master of Ogilvie and others for the slaughter of Patrick Rynd and the wounding of Lord Spynie in a conflict in March 1600, together with a royal warrant removing Patrick Guthrie of Pitmowes from the list of accused.

Modern English Translation 15 July. — James, Master of Ogilvie, Sir John Ogilvie of Craig, Mr David Ogilvie, Frances Ogilvie, all brothers; James Gordon, servant to the Master; Patrick Guthrie of Pitmowes; John Barclay, son to George Barclay of the Syde.

Delated of art and part of the slaughter of the late Patrick Rynd, son to William Rynd of Kerse; and of the hurting of Alexander, Lord Spynie, in the head; committed in March last bypast.

Mr Oliver Colt produced a Warrant, directed to the Treasurer and Advocate, for deleting of Patrick Guthrie; whereof the tenor follows:

REX,

Treasurer and Advocate, We greet you well. It is our will, and We command you, that, upon the sight hereof, you delete Patrick Guthrie of Pitmowes forth of the criminal summons raised at your instance against the Master of Ogilvie, and such as accompanied him on the fields at the late Conflict between him and our cousin the Lord of Spynie; so that he be in no wise called nor pursued therefore: As you will answer to us upon your offices and obedience: Whereanent these presents shall be your warrant. Subscribed with our hand, at Holyroodhouse, this 28th day of June, 1600.

(Signed) JAMES R.

Which Precept the Justice, with advice of Alexander, Master of Elphinstoun, and Mr Thomas Hamilton, admitted; and ordained no process against the said Patrick Guthrie nor his cautioner.

Historical or Genealogical Significance

• Records Patrick Guthrie of Pitmowes as initially implicated in a violent clash in March 1600 between the Master of Ogilvie’s party and Lord Spynie, in which Patrick Rynd was killed and Lord Spynie wounded in the head.
• Shows that the King personally intervened by warrant to have Patrick Guthrie removed from the prosecution, indicating either influence on his behalf or a determination that he should not be pursued.

Legal Terms and Scottish Practices

• Deleting from the summons: Formal removal of a person’s name from the list of those to be prosecuted.
• Hamesucken / Conflict on the fields: Open armed confrontation between noble parties.
• Royal warrant to the Treasurer and Advocate: Direct royal instruction to the public prosecutors.

No.42
Ancient Criminal Trials in Scotland
Volume II. Part Second.

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume II, Part 2

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 2, Pages 277–300 (approx.)

Date of the Entry June 1609 (forfeiture proceedings); related events of 1600 (Gowrie Conspiracy)

Guthrie(s) Identified

• Bishop Guthrie (editorial reference only)

Guthrie Role Mentioned solely in an editorial footnote by Pitcairn, citing Bishop Guthrie’s Memoirs (Glasgow, 1747, p. 250) concerning a later case involving the raising of the bones of Archibald, Lord Napier. He is not a party to the Gowrie Conspiracy proceedings or the forfeiture of Robert Logan of Restalrig.

Other Primary Parties Identified

• Robert Logan of Restalrig (the deceased traitor whose memory and estates are being forfeited)
• Robert Logan, his eldest son (the heir against whom the summons of treason is directed)
• The Earl of Gowrie and Mr Alexander Ruthven (the principal conspirators of 1600)
• George Sprott (the notary whose confessions revealed Logan’s involvement)
• Sir Thomas Hamilton of Byres (Lord Advocate)

Original Document Language Scots and Latin (with extensive editorial commentary in English)

Purpose Parliamentary proceedings for the forfeiture of the memory, name, dignity, and estates of the deceased Robert Logan of Restalrig for high treason in connection with the Gowrie Conspiracy of August 1600. Includes the summons, production of Logan’s letters, depositions proving his handwriting, the doom of forfeiture, and related warrants.

Modern English Translation (No contemporary Guthrie appears as a party. The sole reference is editorial:)

Bishop Guthrie also in his Memoirs (Glasgow, 1747, p. 250) mentions, in the case of Archibald Lord Napier, “The Committee resolved to raise his bones, and pass a sentence of forfeiture thereupon…”

Historical or Genealogical Significance

• No member of the Guthrie family is involved as a party, witness, or official in these proceedings.
• The reference to Bishop Guthrie is purely an editorial illustration by Pitcairn of the practice of forfeiting the memory of a deceased traitor by raising his bones.

Legal Terms and Scottish Practices

• Forfeiture of memory and estates: The process of declaring a deceased person’s name, arms, and property forfeited for treason, even after death.
• Doom of Forfeiture: The formal judgment of Parliament extinguishing the traitor’s name and transferring his property to the Crown.
• Summons of Treason against the heir: Used to pursue the representative of a deceased traitor.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 2, Pages 428–430

Date of the Entry 12 January 1604

Guthrie(s) Identified

• Robert Guthrie, servant to Mr Alexander Gibson

Guthrie Role Victim of hamesucken, oppression, and stouthreif. He was attacked and taken captive (along with his master) by George Meldrum, younger of Dumbreck, near the Water of Dundee, and later released at Kinghorn while his master continued to be held.

Other Primary Parties Identified

• George Meldrum, younger of Dumbreck (the accused)
• Mr Alexander Gibson (Clerk of Council and Session; principal victim who was held longer)
• Mr Alexander Livingston, advocate
• Andro Meldrum of Achquharteis (brother of the accused; also a victim in earlier incidents)

Original Document Language Scots

Purpose Trial of George Meldrum, younger of Dumbreck, for multiple crimes including treason, hamesucken, oppression, and stouthreif, one of which involved the armed seizure of Mr Alexander Gibson and his servant Robert Guthrie.

Modern English Translation (Relevant extract)

… being advertised of the said Mr Alexander’s diet by a fellow called Craik, the said George Meldrum’s own man, whom he sent to espy the said Mr Alexander’s diet within the City of St Andrews; at the which time he set upon the said Mr Alexander Gibson, Mr Alexander Livingston, advocate, and Robert Guthrie, servant to the said Mr Alexander Gibson, within the bounds of the sheriffdom of Fife, beside the Water-side of Dundee, where they were in sober and quiet manner riding for the time, dreading no harm, injury, or pursuit of any persons, but to have lived under God’s peace and our sovereign lord’s: and there cruelly invaded them for their slaughters, and compelled them to render themselves to the said George and his complices foresaid; and treasonably put violent hands in their persons, took them captives and prisoners, had and convoyed them away with him out of the way, and beside Cupar-in-Fife (he being a landed gentleman), treasonably, by way of masterful stouthreif, reft from them their purses, with certain gold and silver being therein, extending to the quantity of three hundred marks or thereby; and thereafter convoyed them to the town of Kinghorn, where he dismissed the said Mr Alexander Livingston and Robert Guthrie: And thereafter convoyed the said Alexander Gibson, and brought him with themselves over the ferry of Kinghorn to Leith…

Historical or Genealogical Significance

• Records a Robert Guthrie employed as servant to Mr Alexander Gibson, one of the Clerks of the Council and Session, in 1604.
• Shows him caught up in a violent attack by George Meldrum of Dumbreck while travelling in Fife.

Legal Terms and Scottish Practices

• Hamesucken: Assaulting a person in their dwelling or (by extension) while going about their lawful business.
• Stouthreif: Theft committed with force or violence (robbery).
• Masterful stouthreif: Robbery carried out in an especially violent or high-handed manner.
• Demittit: Dismissed / released.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 2, Page 528

Date of the Entry 26 June 1607

Guthrie(s) Identified

• Williame Guthrie of Ravensbie (William Guthrie of Ravensbie)

Guthrie Role Accused (delated) of art and part in the slaughters of Patrick Gairdin of that Ilk and Robert Gairdin of Tullois (committed in 1588).

Other Primary Parties Identified

• Patrick Gairdin of that Ilk and Robert Gairdin of Tullois (the deceased)
• Mr Robert Gairdin, younger of Blairtoune (pursuer)
• George Leslie, fiar of Kincraigie (pledge/surety for the accused)

Original Document Language Scots

Purpose Delation of William Guthrie of Ravensbie for the long-standing slaughters of two members of the Gairdin (Garden) family, with surety found for his appearance at the next Justice Ayre of Aberdeen.

Modern English Translation 26 June. — William Guthrie of Ravensbie.

Delated of art and part of the Slaughters of the late Patrick Gairdin of that Ilk, and the late Robert Gairdin of Tullois, committed in the month of . . . . 1588.

Pursuer: Mr Robert Gairdin, younger of Blairtoune.

George Leslie, fiar of Kincraigie, became pledge and surety that he shall compear before the Justice or his deputes, the third day of the next Justice-aire of the sheriffdom of Aberdeen, or sooner, upon 15 days’ warning.

Historical or Genealogical Significance

• Records William Guthrie of Ravensbie as accused in 1607 of involvement in the 1588 killings of Patrick Garden of that Ilk and Robert Garden of Tullois.
• Shows a Guthrie of the Ravensbie designation still facing legal consequences nearly twenty years after the alleged crimes.

Legal Terms and Scottish Practices

• Dilatio / Delation: Formal accusation.
• Art and part: Being accessory to or participating in the crime.
• Pledge and surety for appearance at the Justice Ayre: Standard procedure to secure the accused’s attendance at the next circuit court.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume II, Part 2, Page 529

Date of the Entry 8 July 1607

Guthrie(s) Identified

• George Guthrie, servant to the late Alexander, Lord Spynie

Guthrie Role Servant of the deceased who compears in court and produces the letters of summons purchased by Lady Spynie and the kin, in order to take surety of the accused for the slaughter of his late master.

Other Primary Parties Identified

• Alexander, Lord Spynie (the deceased)
• Dame Jeane Lyoun, Lady Spynie (the relict)
• Alexander, Master of Spynie (eldest son)
• David, Earl of Crawford, Lord Lindsay, and other Lindsay kin (pursuers)
• David Lyndsay, fiar of Edzell, and several other Lindsays and associates (the accused)

Original Document Language Scots

Purpose Proceedings to take surety of a group of Lindsays and others for the slaughter of Alexander, Lord Spynie. George Guthrie, as servant of the deceased, produces the letters and acts on behalf of the pursuers.

Modern English Translation 8 July. — David Lyndsay, fiar of Edzell; Thomas Lyndsay … [and others].

Compeared George Guthrie, servant to the late Alexander, Lord Spynie, and produced our sovereign lord’s Letters, duly executed and endorsed, purchased at the instance of Dame Jeane Lyoun, Lady Spynie, the relict; Alexander, Master of Spynie, eldest son; David, Earl of Crawford, Lord Lindsay, etc., Sir Harie Lindsay of Carriestoun, knight, Sir Johnne Lindsay of Woidwrae, knight, as brothers, with the remaining kin and friends of the late Alexander, Lord Spynie; to take surety of the said David, etc., that they should compear before the Justice or his deputes this day and place, in the hour of cause, to underlie the law, for art and part of the Slaughter of the said late Alexander, Lord Spynie. By the which Letters, the said persons were denounced our sovereign lord’s rebels and put to the horn. Upon the production whereof, the said George Guthrie asked instruments, and protested for relief of Harie Lyndsay of Carrestoune, cautioner for reproduction thereof.

Historical or Genealogical Significance

• Records a George Guthrie serving in the household of Alexander, Lord Spynie, at the time of (or shortly after) Lord Spynie’s death.
• Shows him trusted to appear in the Justice Court and produce the formal letters on behalf of the widow and kin.

Legal Terms and Scottish Practices

• Letters purchased at the instance of the kin: Private criminal prosecution initiated by the nearest of kin.
• Taking surety: Binding the accused to appear under financial penalty.
• Denounced rebels and put to the horn: Formal process after non-appearance.

No.42
Ancient Criminal Trials in Scotland
Volume III. Part First.

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume III, Part 1

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 1, Pages 61–62

Date of the Entry 17 June 1605 (the incident); the trial material is from 1609

Guthrie(s) Identified

• William Guthrie (also referred to simply as “Guthrie”), servant / man of the young Laird of Pittarrow (Wishart)

Guthrie Role Victim. He was slain in a street fight in Edinburgh on 17 June 1605 between the party of the young Laird of Edzell (Lindsay) and the young Laird of Pittarrow. Contemporary accounts describe him as “ane verie prettie young man” and record that his body was afterwards examined by the Bailies and surgeons to determine whether his wounds were mortal.

Other Primary Parties Identified

• The young Laird of Edzell (Sir David Lindsay) and his complices
• The young Laird of Pittarrow (Wishart) and his complices
• Alexander, Lord Spynie (whose later death in 1607 is the main subject of the surrounding case)

Original Document Language Scots (with English editorial commentary)

Purpose Editorial and contemporary accounts prefixed to the 1609 proceedings concerning the slaughter of Lord Spynie. They record an earlier violent clash in Edinburgh in June 1605 in which a servant of Pittarrow named Guthrie was killed.

Modern English Translation (From the contemporary notices quoted by Pitcairn)

“The 17 of June (1605) a combat or tulzie foughten at the Salt-tron of Edinburgh, between the Laird of Edzell, younger, and his complices, and the young Laird of Pittarrow, Wishart. The fight lasted from 9 hours at night till 11 at night, two hours! There were sundry hurt on both sides, and one Guthrie slain, which was Pittarrow’s man; a very pretty young man. The 18 day they were accused before the Council, and warded.”

And further:

“… the Lords, having respect to the Slaughter of William Guthrie, servant to Pittarrow, had commanded him [Edzell] to ward, albeit he understood the said Guthrie to have received no wounds, but to have been smothered in the throng…”

Historical or Genealogical Significance

• Records the death of a young man named William Guthrie, servant to the Laird of Pittarrow (Wishart), in a street fight in Edinburgh on 17 June 1605.
• The incident formed part of the wider Lindsay–Wishart feud that later escalated into the killing of Lord Spynie.

Legal Terms and Scottish Practices

• Tulzie / Combat in the streets: Open armed affray within a burgh.
• Warding: Committal to ward (imprisonment) by order of the Privy Council.
• Examination of the corpse by Bailies and surgeons: Standard procedure to determine whether death resulted from wounds or other causes (here, possible smothering in the press).

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 1, Pages 77–78

Date of the Entry 29 December 1610

Guthrie(s) Identified

• Williame Guthrie of Ravensbie (William Guthrie of Ravensbie)
• Alexander Guthrie, fiar of that Ilk

Guthrie Role

• William Guthrie of Ravensbie is the accused (delated of the slaughter of Patrick Gairdin of that Ilk, committed in May 1578).
• Alexander Guthrie, fiar of that Ilk, becomes cautioner with him to satisfy the party.

Other Primary Parties Identified

• Patrick Gairdin of that Ilk (the deceased)
• Robert Gairdin, oy (grandson) to the defunct (pursuer)
• Mr Thomas Hoip (prelocutor for the pannel)

Original Document Language Scots

Purpose Further proceedings against William Guthrie of Ravensbie for the long-outstanding slaughter of Patrick Garden of that Ilk. He produces a royal respite and is ordered to find caution for assythment; Alexander Guthrie, fiar of that Ilk, joins him as cautioner.

Modern English Translation 29 December. — William Guthrie of Ravensbie.

Delated of art and part of the Slaughter of the late Patrick Gairdin of that Ilk; committed in May 1578.

Pursuers: Robert Gairdin, oy to the defunct; Mr Thomas Henderson, substitute to the Lord Advocate. Prelocutor for the pannel: Mr Thomas Hoip.

The pannel takes instruments of his entry; and produced a Respite, under the Privy Seal, of the date 24 January 1600, made and granted for the space of 19 years: And, in respect thereof, alleged that the Justice could not put him to the trial of an Assize. — It is answered, that the Respite is null; in respect, conform to the Act of Parliament, he should have satisfied the party, and shown a Letter of Slains thereupon.

The Justice admits the Respite produced; and Ordains the pannel to find caution to satisfy the party; who found Alexander Guthrie, fiar of that Ilk, cautioner with himself, to satisfy the party; conform to the laws of this realm.

Historical or Genealogical Significance

• Continues the long-running case against William Guthrie of Ravensbie for the 1578 killing of Patrick Garden of that Ilk (previously noted in 1607).
• Shows Alexander Guthrie, fiar of that Ilk, standing surety for him in 1610, indicating continued connection between the Ravensbie and principal Guthrie of that Ilk lines.

Legal Terms and Scottish Practices

• Respite under the Privy Seal: A temporary royal protection from prosecution, granted for a fixed number of years.
• Letter of Slains: Formal discharge by the kin of the slain person after receiving assythment (compensation).
• Caution to satisfy the party: Requirement to find security for payment of assythment even when a respite is accepted.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 1, Pages 80–81

Date of the Entry 25 July 1610

Guthrie(s) Identified

• Williame Guthrie of Ravensbie, lawful son to the late Alexander Guthrie of that Ilk
• Alexander Guthrie, fiar of that Ilk (cautioner)
• The Laird of Guthrie (prelocutor in defence)

Guthrie Role

• William Guthrie of Ravensbie is the accused (delated of the slaughter of Robert Gairdin of Tullois in 1589).
• He is explicitly identified as the lawful son of the late Alexander Guthrie of that Ilk.
• The Laird of Guthrie appears as one of his prelocutors.
• Alexander Guthrie, fiar of that Ilk, stands cautioner with him.

Other Primary Parties Identified

• Robert Gairdin of Tullois (the deceased)
• Robert Gairdin (only son of the deceased) and Mr Robert Gairdin, apparent of Blairtoun (pursuers)

Original Document Language Scots

Purpose Trial proceedings against William Guthrie of Ravensbie for the slaughter of Robert Garden of Tullois in November 1589. He produces a royal respite and is ordered to find caution for satisfaction of the party.

Modern English Translation 25 July. — William Guthrie of Ravensbie, lawful son to the late Alexander Guthrie of that Ilk.

Delated of art and part of the Slaughter of the late Robert Gairdin of Tullois; committed upon the Muir called Carbundow-muir, in the highway between Brechin and Dundee, in the month of November 1589; upon set purpose, provision, and forethought felony.

Pursuers: Robert Gairdin, as only son to the late Robert Gairdin of Tullois; Mr Robert Gairdin, apparent of Blairtoun…

Prelocutors in defence: Mr Johnne Russell, the Laird of Guthrie.

The said William Guthrie took him to our sovereign lord’s Respite, given and granted to him by his Majesty, under the Privy Seal, for the said Slaughter, for the space of nineteen years after the date thereof; which is of date, at Holyroodhouse, the 24th day of January 1600…

The Justice… Admits the said Respite; and ordained the pannel to find caution to satisfy the party pursuer… Who, for obedience of the said Justice ordinance, found, with himself, Alexander Guthrie, fiar of that Ilk, cautioners, etc.

Historical or Genealogical Significance

• Explicitly identifies William Guthrie of Ravensbie as the lawful son of the late Alexander Guthrie of that Ilk.
• Shows the Laird of Guthrie acting as prelocutor in his defence and Alexander Guthrie, fiar of that Ilk, standing as cautioner — strong evidence of continued family solidarity.
• Links the Ravensbie designation directly to the principal Guthrie of that Ilk line.

Legal Terms and Scottish Practices

• Respite under the Privy Seal: Temporary royal protection from prosecution.
• Caution to satisfy the party: Security for payment of assythment to the kin of the slain person.
• Prelocutor: Counsel speaking in defence of the accused.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 1, Page 196

Date of the Entry Editorial note (referring to events of 1661)

Guthrie(s) Identified

• Mr James Guthrie (the Covenanter minister)

Guthrie Role Mentioned only in an editorial illustration of the superstition that a murdered person’s body (or, here, a severed head) might bleed in the presence of the guilty. Pitcairn recounts a popular story that drops of blood fell from Guthrie’s head (displayed on the Netherbow Port) onto Middleton’s coach.

Other Primary Parties Identified

• Middleton (whose coach is said to have been stained by the blood)

Original Document Language English (editorial commentary)

Purpose Part of a long editorial digression by Pitcairn on historical instances of the “bleeding corpse” test of guilt. The Guthrie reference is used as a late example of the persistence of the belief.

Modern English Translation (Editorial anecdote)

“Of a like nature with the last instance, a strange story is told in the Biographia Scoticana, which has likewise been elsewhere repeated. That a few days after Mr James Guthrie was executed, and his head placed upon the Netherbow Port of Edinburgh, Middleton’s coach coming down that way and passing through the Port, several drops of blood fell from the head upon the top of the coach; — which, as the legend goes, ‘all their art and diligence could not wipe off!’ Physicians were called, and desired to enquire if any natural cause could be given for this event — but they could give none! ‘This odd incident being noised abroad, and all means tried, at length the leather was removed, and a new cover put on!!! But this was much sooner done, than the wiping off the guilt of this great and good man’s blood upon the shedders of it, and the disgrace from this poor Nation!’”

Historical or Genealogical Significance

• Refers to the well-known execution of the Covenanter minister James Guthrie in 1661.
• The story is legendary/anecdotal and is included by Pitcairn only as an illustration of popular belief, not as a formal criminal trial record of the early 17th century.

Legal Terms and Scottish Practices

• Bleeding-corpse test: The folk belief that a murdered person’s body would bleed afresh if touched by, or brought into the presence of, the murderer.

No.42
Ancient Criminal Trials in Scotland
Volume III. Part Second.

Master Index – Ancient Criminal Trials in Scotland
Bannatyne Club No. 42, Volume III, Part 2

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 2, Pages 428–429

Date of the Entry 14 March 1617 (sentence against John Guthrie follows immediately)

Guthrie(s) Identified

• Johnne Guthrie, alias callit Williame Laird (John Guthrie, alias William Laird)

Guthrie Role Accused and convicted of bigamy / adultery (marriage of two wives and keeping a third woman as concubine). Sentenced to death by hanging.

Other Primary Parties Identified

• Alexander Thomesone, skinner, burgess of Edinburgh (brother to Johnne Thomesone in Leith)
• Jonet Cuthbert (both co-accused of adultery; they received mitigated sentences of banishment by royal warrant)

Original Document Language Scots

Purpose Trial of three persons for adultery and bigamy. John Guthrie (alias William Laird) is specifically charged with having married two wives and keeping a third woman as his concubine; he is sentenced to death under a special royal warrant.

Modern English Translation 14 March. — Alexander Thomesone, skinner, burgess of Edinburgh… ; Johnne Guthrie, alias callit Williame Laird, and Jonet Cuthbert.

Delated of the crimes of Adultery, committed by them, in manner, and at the times specified in their Dittays.

The pannels acknowledge the crimes contained in their several Dittays, and crave God and the King’s Majesty’s pardon; and offer themselves in his Majesty’s will therefor.

[Verdict of guilty follows. Alexander and Jonet receive mitigated sentences of banishment by royal warrant.]

Sentence against Johnne Guthrie, alias Williame Laird.

… His Majesty’s Warrant… to accuse and pursue… Johnne Guthrie, for marriage of two wives, and keeping (besides them) of a third woman for his concubine; which being a crime so odious and intolerable amongst Christians, and meriting to be most exemplarly punished… to cause pronounce and execute Doom and Sentence of Death against him…

The Justice Ordained the said Johnne Guthrie, alias Laird, to be taken to a gibbet, beside the Cross of Edinburgh, and there to be HANGED until he be dead; and all his moveable goods to be escheat and inbrought to his Majesty’s use, &c.

Historical or Genealogical Significance

• Records a John Guthrie (who also used the alias William Laird) convicted of bigamy and adultery in Edinburgh in 1617 and sentenced to death.
• No further identifying details (such as parentage or place of origin) are given in the entry.

Legal Terms and Scottish Practices

• Bigamy / Marriage of two wives: Treated as a capital crime.
• Keeping a concubine: Aggravating circumstance in the charge.
• Escheat of moveable goods: Forfeiture of personal property to the Crown upon conviction of a capital crime.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 2, Page 437

Date of the Entry 18 March 1617

Guthrie(s) Identified

• Patrik Guthrie of Kinblakmonth (Patrick Guthrie of Kinblethmont / Kinblakmonth)

Guthrie Role Assizer (member of the jury) in the trial of Robert Symmer for slaughter.

Other Primary Parties Identified

• Robert Symmer, son to the Laird of Balzordie (the accused)
• David Graham, son to the late James Grahame of Leuchland (the deceased)
• James Grahame (brother of the deceased) and other pursuers

Original Document Language Scots

Purpose Trial of Robert Symmer for the cruel slaughter of David Graham near the Meikle Mill of Brechin on 29 April 1616. Patrick Guthrie of Kinblakmonth served on the Assize that convicted the accused.

Modern English Translation (Assize list extract)

ASSISA … David Gairdin of Lawtoun, Patrik Guthrie of Kinblakmonth, Williame Carnagy, skynner, burgess of Edinburgh…

Verdict The Assize… all in one voice, by the mouth of the said Johnne Udny, chanceller, found the said Robert to be Fyled, culpable, and convict of the said Slaughter.

Sentence To be taken to the Mercat-cross of Edinburgh, and there his head to be struck from his body; and all his moveable goods to be escheat, &c.

Historical or Genealogical Significance

• Records Patrick Guthrie of Kinblakmonth (Kinblethmont) serving as a juror in an Edinburgh Justice Court trial in March 1617 arising from a killing near Brechin.
• Places a Guthrie of the Kinblethmont designation in a formal judicial role at this date.

Legal Terms and Scottish Practices

• Assisa / Assize: The jury of assizers who determined guilt or innocence.
• Fyled, culpable and convict: Formal finding of guilt.
• Striking the head from the body: Beheading as the method of execution.

Ancient Criminal Trials in Scotland (Bannatyne Club No. 42)
Volume III, Part 2, Appendix, Page 585

Date of the Entry 9 January 1621 (Kirk Session of Perth record, cited in editorial appendix)

Guthrie(s) Identified

• Mr John Guthry, Minister

Guthrie Role Minister who reported to the Kirk Session of Perth that he had disbursed thirty shillings (from the Session treasury) to Andrew Ross to cover the expenses of travelling to visit his brother, Mr Thomas Ross, before the latter’s execution.

Other Primary Parties Identified

• Mr Thomas Ross (the condemned man whose trial is the subject of the appendix)
• Andrew Ross (brother of Mr Thomas Ross)

Original Document Language English (editorial quotation from Kirk Session records)

Purpose Editorial appendix providing additional background on the family of Mr Thomas Ross and the charitable actions of the Kirk Session of Perth toward the family. The entry records a small payment facilitated by Mr John Guthry, Minister.

Modern English Translation (Extract from the Kirk Session Records of Perth, as quoted by Pitcairn)

“Jan. 9, 1621. Mr John Guthry, Minister, reported, that he had given thirty shillings, which he had received from the Thesaury, to Andrew Ross, to bear his expenses, when he passed to the visitation of [his brother] umquhil Mr Thomas Ross, before his execution.”

Historical or Genealogical Significance

• Records a Mr John Guthry serving as a Minister (almost certainly of Perth or in the Perth area) in January 1621.
• Shows him acting in an official capacity for the Kirk Session in providing practical assistance to the brother of a condemned man.

Legal Terms and Scottish Practices

• Thesaury (of the Kirk Session): The common fund of the parish session used for charitable relief.
• Visitation before execution: The customary allowance for family members to visit a condemned person prior to the carrying out of sentence

END of the series ANCIENT CRIMINAL TRIALS in SCOTLAND.

Criminal Trials & Other Proceedings
before the
High Court of Justiciary in Scotland

This series, published by the Bannatyne Club under the same number (No. 42) as Robert Pitcairn’s better-known Ancient Criminal Trials in Scotland, presents selected proceedings of the High Court of Justiciary during the reign of James VI. Issued in ten parts covering the early seventeenth century, it reproduces formal records of treason, slaughter, hamesucken, stouthreif, and other serious crimes tried before the Justice-General and his deputes. While it overlaps in content with the earlier Ancient Criminal Trials volumes, the present series often includes fuller process, additional warrants, and different editorial arrangement. The records remain a primary source for the criminal justice system of early modern Scotland and for the identification of individuals (including members of the Guthrie family) who appeared as accused, victims, jurors, or servants in these high-profile cases.

Citation

Robert Pitcairn, ed., Criminal Trials and Other Proceedings before the High Court of Justiciary in Scotland: Trials during the Reign of King James the Sixth, 10 parts (Edinburgh: Bannatyne Club, 1833).

No.42
Criminal Trials & Other Proceedings
Part I.

Master Index – Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 1

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part I, Page 16

Date of the Entry 31 Oct 1570

Guthrie(s) Identified

• Archibaldus Guthre (Archibald Guthrie), ballivus (bailie) for George, Commendator of the Monastery of Arbroath
• Alexander Guthre de Kincoldrum (Alexander Guthrie of Kincaldrum)

Guthrie Role

• Archibald Guthrie, as bailie of the Regality of Arbroath, replegiated the accused persons to the privilege and jurisdiction of that regality.
• Alexander Guthrie of Kincaldrum became pledge (surety) for their entry to underlie the law for the crime.

Other Primary Parties Identified

• Robertus Rait, Robertus Wishart, Joannes Richie, and Joannes Fettes (the accused)
• Willelmus Sibbald, brother of David Sibbald of Cair (the victim of the invasion and wounding)
• George, Commendator of the Monastery of Arbroath

Original Document Language Latin (with Scots verdict)

Purpose Replegiation (removal of the case) of four men accused of art and part in the invasion and cruel wounding of William Sibbald to the jurisdiction of the Regality of Arbroath. Archibald Guthrie acted as the bailie effecting the replegiation; Alexander Guthrie of Kincaldrum stood surety for their appearance.

Modern English Translation On the same day as above. Robert Rait, Robert Wishart, John Richie and John Fettes are delated of art and part of the invasion of William Sibbald, brother of David Sibbald of Cair, for his slaughter, and of the cruel wounding of the same in his head, to the great effusion of his blood, by the discharge of a small firearm, the bent pistolet; and leaving him in danger of death, on the last day of the month of April last past, at the hill called Sanct Gilbertis-hill, as is more fully contained in the royal letters directed thereupon.

By Archibald Guthrie, bailie in this part of George, Commendator of the Monastery of Arbroath, by virtue of a commission of the same, they were replegiated to the privilege and jurisdiction of his Regality, as dwelling within the bounds of the same; assigning the third day of the next circuit of the said Regality, or elsewhere upon fifteen days’ premonition, for their compearance to underlie the law for the said crime.

Pledge: Alexander Guthrie of Kincaldrum, for their entry to underlie the law for the said crime; and the foresaid William Rait of Halgrene became pledge for the administration of justice in the premises, according to the form of law.

Verdict The Assize acquit the whole pannel foresaid, except the replegiated persons foresaid, of all crimes contained in their dittay; and acquit them also of the crimes of treason mentioned in the same.

Historical or Genealogical Significance

• Records Archibald Guthrie acting as bailie of the Regality of Arbroath in 1570.
• Shows Alexander Guthrie of Kincaldrum standing as surety in a criminal process connected with that regality, continuing the documented association of the Kincaldrum branch with legal and administrative roles.

Legal Terms and Scottish Practices

• Replegiation: The formal process by which a case was removed from the royal courts to a regality or other privileged jurisdiction.
• Ballivus / Bailie: The officer of a regality empowered to claim and exercise its jurisdiction.
• Pledge for entry: Surety that the accused would appear to stand trial.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 1, Page 29

Date of the Entry 28 December 1571

Guthrie(s) Identified

• Alexander Guthre (Alexander Guthrie), burgess of Edinburgh

Guthrie Role Accused (delated) of assisting the rebels who were withholding the town of Edinburgh by fortifying, strengthening, and detaining it against the sovereign lord and his authority.

Other Primary Parties Identified

• Robert Rynd and Johanne Fergusoune, burgesses of Edinburgh (joint pledges/sureties for the accused)

Original Document Language Scots

Purpose Delation of Alexander Guthrie, burgess of Edinburgh, for treasonable assistance given to the rebels who held the town of Edinburgh against the Crown during the civil conflict of 1571. Sureties were found for his appearance.

Modern English Translation 28 December. — Alexander Guthrie, burgess of Edinburgh.

Delated of the assistance made and given by him to the rebels, withholders of the town, in fortifying, strengthening and detaining thereof against our sovereign lord and his authority. — Pledges: Robert Rynd and Johanne Fergusoune, burgesses of Edinburgh, jointly and severally. To the last day of January next to come; and thereafter continued to the penult day of August.

Historical or Genealogical Significance

• Records an Alexander Guthrie, burgess of Edinburgh, accused of supporting the rebel occupation of the capital in late 1571.
• Places a Guthrie of burgess status in Edinburgh at the time of the Marian civil war conflicts.

Legal Terms and Scottish Practices

• Delation for assisting rebels / withholders of the town: Charge of treasonable support for those holding a fortified place against the Crown.
• Pledges jointly and severally: Sureties bound both together and individually for the accused’s appearance.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 1, Pages 74–76

Date of the Entry 29 June 1577

Guthrie(s) Identified

• Alexʳ Guthre of that Ilk (Alexander Guthrie of that Ilk)
• Dᵈ Guthre, feare of Kincaldrum (David Guthrie, fiar of Kincaldrum)
• Henrye Guthere of Colestoune (Henry Guthrie of Colestoun)

Guthrie Role All three served as members of the Assize (jury) in the trial of Sir David Grahame of Fintrie and his brothers.

Other Primary Parties Identified

• Sir David Grahame of Fintrie, knight, Waltare Grahame and James Grahame, his brothers (the accused)
• Johnne Pegot (victim of the alleged taking/oppression)
• Robert Belouch (Betoune) of Westhall (the rebel with whom intercommuning was charged)

Original Document Language Scots

Purpose Trial of Sir David Grahame of Fintrie and his brothers for oppression (the forcible taking of Johnne Pegot) and for intercommuning with the rebel Robert Betoune of Westhall. Three Guthries sat on the Assize that ultimately acquitted the accused.

Modern English Translation 29 June. — David Grahame of Fintrie, knight, Waltare Grahame and James Grahame, his brothers.

Delated of the taking of Johnne Pegot, and intercommuning with Robert Belouch (Betoune) of Westhall, rebel, and other crimes.

Assisa includes: … Alexʳ Guthre of that Ilk … Dᵈ Guthre, feare of Kincaldrum … Henrye Guthere of Colestoune …

Verdict The same persons of Assize, by their deliverance, pronounced and declared by the mouth of David Lyndesay of Edzell, Found and delivered, for the most part, the said whole persons accused on pannel to be cleansed and acquitted of all causing, hounding, sending, art, partaking, command, assistance and ratihabition used by them…

Historical or Genealogical Significance

• Records three distinct Guthrie branches sitting together on the same Assize in 1577: – Alexander Guthrie of that Ilk – David Guthrie, fiar of Kincaldrum – Henry Guthrie of Colestoun
• Demonstrates the continued prominence of these lines in formal judicial proceedings in the later sixteenth century.

Legal Terms and Scottish Practices

• Assisa / Assize: The jury of assizers who determined guilt or innocence.
• Intercommuning with rebels: Maintaining contact, providing aid, or harbouring persons who had been put to the horn.
• Cleansed and acquitted: Formal verdict of not guilty.

Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 1, Page 78

Date of the Entry 26 February 1577/8

Guthrie(s) Identified

• Mr Alexʳ. Guthre (Mr Alexander Guthrie)

Guthrie Role Prelocutor (counsel) in defence of the accused.

Other Primary Parties Identified

• Williame Thrisle in Dundie, skipper of the Nychtingall, and several other mariners and a cook (the accused)
• Robert Watsoun in Leith (the deceased)
• Elizabeth Andersoun, relict of the deceased, and the three fatherless bairns (pursuers)

Original Document Language Scots

Purpose Trial of a group of Dundee mariners (including the skipper of the ship Nychtingall) for the cruel slaughter of Robert Watsoun in Leith. Mr Alexander Guthrie appeared among the prelocutors speaking in their defence. All were acquitted.

Modern English Translation 26 February. — Williame Thrisle in Dundie, skipper of Nychtingall, … and others.

Delated of art and part of the cruel slaughter of the late Robert Watsoun, in Leith, committed in October last bypast.

Prelocutouris in defence include: … Mr Alexʳ. Guthre …

Verdict On the margin of the Record, ‘Omnes ACQUIT, de omnibus infra script.’ (All acquitted of everything written below.)

Historical or Genealogical Significance

• Records a Mr Alexander Guthrie acting as prelocutor (legal counsel) in a High Court criminal trial in early 1578.
• Indicates a Guthrie of sufficient standing and legal knowledge to appear in that capacity before the Justice Court.

Legal Terms and Scottish Practices

• Prelocutor: Counsel who speaks on behalf of the accused in court.
• Art and part of the cruel slaughter: Charge of being accessory to or participating in a killing.

No.42
Criminal Trials & Other Proceedings
Part II.

Master Index – Criminal Trials & Other Proceedings
Bannatyne Club No. 42, Part 2