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A35431 An essay upon the inscription of Macduff's crosse in Fyfe by I.C., 1678. Cunningham, James, d. 1697? 1678 (1678) Wing C7593; ESTC R22651 14,000 21

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the ground work be Saxon yet appears it under a Latine Mask therefore as I said I crave pardon to Paraphrase it under one View thus Ye Earl of Fyfe receive for your Services as my Lieutetenant by Right of this Regality large Measures of Victual or Corn for the Transgressions of the Laws as well from those as want or put away their Weapons of Warfare as of such as stays away from or refuses to come to the Host or those that raises Frayes or Disturbances therein or from such as keep haunt and frequent unlawful Convocations together with all Amerciaments due to me for the slaughter of a free Leige or for Robbery and Theft or for Adultery and Fornication within your Bounds with the Unlaws of Fugitives and the Penalties due by such Cowards as deserts the Host or runs away from their Collours thus shall your Gains be the greater And yet further to witness my kindness I remit to those of your own Kindred all issues of Wounds be it of Limb Lith or Life in swa far as for this Offering to wit of nine Kyne and a Queyoch they shall be indemnified for Limb Lith or Life And thus have I adventured to read and explain this Old Inscription quae molta tenet anteiqua sepolta and which with Skeen's good Leave I can no otherwise condemn for Barbarous then that it is Saxon under a Latine Cover where it would be remembred that after the Goths and Vandals came into Italy the Purity of the Roman Tongue was at a loss untill somewhat revived in the last Centurie and that the Poets about Malcome Canmore's time were ordinarily the Priests and those of no great Reading and for the most part no great and exact Linguists or so neat and closs in their Poesie as witness that Composition of the Carmelite Frier 's upon the battel of Bannockburn some hundreds of years after the setting up of this Cross And as this was one of if not the oldest Regality in this Countrey so by the Priviledges hereby granted it will to any understanding man appear to be very great whence belike we have that common Phrase The Kingdom of Fife an Epithet given to no other Shire as if Mackduff had enjoyed his Estate much after the way of Hugh Lupus or more properly de Abrincis in his Earldom of Chester of whom it is said he enjoyed that Earldom from his Uncle the Conqueror Adeo libere ad gladium sicut ipse Rex tenebat totam Angliam ad Coronam and yet I cannot affirm that Fife was ever a Palatinate But sure the Priviledges of this Regality and Sanctuary were somewhat more then ordinary And this our Mackduffs posterity continued in a line male till the dayes of King David the Bruce for one of them I find Governour of Perth for the second Baliol after the Battel of Duplin for which whether he was forfaulted or that his Estate and Honours through want of issue-male went with a Daughter I cannot positively averr For one William Earl of Fife I find a witness in a Charter granted by King David 2d to the Scrimzeour of Didupe in the 29. year of his Reign whom I conceive to be that William Ramsay said by Skeen to have been made Earl of Fife by King David withall Priviledges cum Lege quae vocatur Clanmackduff who might have married a Daughter of Earl Duncans as well because he got all the old Priviledges confirmed to him as that in the Scrimzeours Charter he is placed before the Earle of March It not being so probable that the King would have given the priviledges and precedencie of the old Earles of Fyfe to a new Stranger if he had not had an interest of bloud And why should we too rashly conclude that noble Familie whose predecessors had deserved so well of the Crown extinct upon a forefaultour for holding the Town of Perth for the second Baliol Since our Historian sayes no more But that he was sent Prisoner to the Castle of Kildrummie and that he makes him also a prisoner to the Baliol with the Earles of Murray Monteth and others who as he sayes after the battel of Duplin were Rebus desperatis coacti jurare in verba Balioli Neither were the Bruce's too strick and severe in their forefaultours but upon great and singular provocations studying rather to gain and reconcile the Subject by Indemnities and Oblivions then to exasperate them by too sharp punishments especially when the Baliols had some pretence and shadow of Right But what became of this William Ramsay I cannot say whether he was forefaulted or whether through want of issue the Earledom of Fyfe returned to the Crown or whether he had a daughter who was married to Robert the Governour who enjoyed the Estate and Honours of Fyfe But if as full in its priviledges as the old Mackduffs or William Ramsay I dare not determine But Skeen does positively tell us that one Spence of Wormeston laid claim to and enjoyed the priviledge of the Sanctuarie upon his killing of one Kinninmonth as being within the degrees of kindred to Mackduffe The Earle of Weems and the Laird of Mackintosh speak themselves truely descended in a line Male from this our Mackduffe by two of his sons But since I have seen nothing in write as I shall be tender of their honour not doubting but that they are sufficiently able from good documents to evince their assertions to any who may be concerned So I hope it shall give no offence though I glance at what I have from Tradition Mackintosh then be he the elder or the younger brother in his Mother Tongue calls himself to this very day Maktosich● Vichdhu●e that is Filius Thani filii Duffi the son of the Thane who was the son of Duffe whose Predecessor some three or four generations down from Mackduffe was in the days of K. William the Lyon by means of his Uncle Mackdonald of the Isles matched to the Heretrix of the Clanchattan by whom he got the Lordship of Lochaber the Jurisdiction or Stewartrie whereof as the Laird of Mackintosh yet retains so quarters he the coat of Mackduffe in the chief corner of his shield The Earl of Weems be he from the younger brother or elder yet possesses for his Inheritance a part of the old Mackduff's Estate in Fyfe And whose Progenitor Sir David Weems Ambassador for the Maiden of Norway upon the death of K. Alexander the third is by Buchanan nothing lavish of his Titles styled Equus Fifanus illustris And doth not the Earle of Weems quarter also the Armes of the Earle of Fyfe in his first and last Escutcheons But as upon conference I have met with an objection or two so indulge me Reader I pray for your fuller satisfaction briefly here to repeat them with my answers which seing I leave every man to his own judgement may I hope be neither an impertinent nor altogether an unpleasant diversion First then Was it alledged That neither Mackintosh nor
Weems give the Surname of Mackduffe And what then Will any pretender to the least knowledge of any Antiquity or Reading urge the arguement as conclusive That therefore they are not of the same Stock or Bloud yea even by a line Male But not here to debate whether at that time any other Surnames then Patronymicks were fixed to a Family or Progeny Can there be a clearer deduction then Duffe Mackduffe who was the Thane and Macktosich-Vichdhuie or would the movers of this objection put me upon the question when surnames as now in use first setled amongst us And what if that was not before perhaps considerably after the days of Macolm-Canmore I wish those Disputants would be pleased to teach me what were the surnames of the old Earles of Stra●●erne Lennox and Rosse Yea and does not the native exposition of Mackint●sh imply him begot en and perchance he was of age too ere Mackduffe was dignified with the tittle of Earle and consequently before the return of Malcolm Canmore with whom some say first came in as well that order of Honour as the customes of our surnames And seing Weems was Mackintosh's Brother might not he have been and if elder surely and even though the younger belike in the same condition begot before his father went to England seing Buchanan sayes of Mackbeth that upon Mackduff's escape in uxorem liberos omnem iram effudit The latitude whereof I leave to be measured by such who can best fathom the passions of an exasperated Tyrant But what if I should say as Boetius observeth upon the Stuarts in a much later time that it was customary with us as yet somewhat it is with the second sons of Barons in France for Cadets to quit the surnames they might have from their Paternal Familie and betake themselves and their posteritie to others and most ordinarily to t●e names of their proper possessions as Weems here from that word signifying Caves whereof there be no scarcity thereabout and so much the more easily in this case where the Paternal it self Mackduffe is but a Patronymick Yet shall I not escape without a second Attacque managed with I know not what confidence To wit That Mackduffes race save in Mackintosh and Weems continued not above a generation or two Sure then has our Buchanan exceedingly abus'd us who all alongst even down to the battel of Duplin and the siege of Perth thereupon writes them still Mackduff his words in his ninth book being Mackduffus Fifae Comes qui oppidum Balioli nomine tenuerat and a little before that above-cited place yet more particularly Duncanus Mackduffus Fifensis Comes with others apud Hostem captivus And as all our Writers do unanimously rank this Duncan the first Secular of the six Governours after the death of K. Alexander the third so have I my self read him in a letter from the Parliament at Abirbrothock to the Pope anno 1320. First of all named and signing as Earle Primier of the Kingdom where his seal yet appends fresh four times bigger then any of the rest with the Impresse as they Record the Armes in the books of Herauldrie for the old Earles of Fyfe and as yet they are quartered by Mackintosh and Weems But thirdly it is retorted upon me that if the Earle of Weems and Laird of Mackintosh had been true Cadets in a line Male then if the Mackduff of Fyfe had not been forefaulted one or other of them would undoubtedly as the nearest Heir Male have faln to and enjoy'd if not the Estate at least the Honours of Fyfe But the starters of this doubt would be pleased to remember the slipperiness of its grounds For are not Feudal Tailzies and seclusive Provisions to Heirs Male of a far later date with us And so might that Earledom as well in its Honours as Fortune have gone with a daughter as heir of line to William Ramsay and by a grand child to Robert Stuart Yea and who well knows in what terms our grants of honour if then in Malcom Canmor's dayes consigned to writ were conceived or if they reached Collaterals And the Predecessors of the Earle of Weems and Laird of Mackintosh having come off many generations before the Familie failed in the issue Male the Honours might the relation being remote the more readily have been conveyed by a new Patent with a Daughter or Oye in favours of some noble Minion such as belike was this William Ramsay and that Robert Stuart the Kings second son who was sometimes Governour of Scotland and Duke of Albanie in the person of whose Son Duke Murdoch was that Earldom forefaulted to the Crown in the days of K. James the first and not as yet given out again none ever since injoying the Title and Dignity of Earle of Fyfe But having thus far presumed upon if not quite wearie● your patience in this so thornie and mistie affair I must now Courteous Reader stand to the discretion of your Censure where I shall allow you That Rebus in priscis ad unguem haud est quaerenda veritas If on the other hand you will be pleased to grant me Fidum annalium genus sunt pervetusta carmina And suffer me to conclude with what Skeen closeth the Preface to his De verborum significatione Si quid novisti rectius istis Candidus imperti si non his utere mecum FINIS THat Gentle Reader I may conceale you nothing Just now as it was a doing under the Irons am I told there is an exact Coppie with a true exposition of this Inscription at the Newburgh in the hands or books of the Clerk there And yet my Informer though with us a good Antiquarie and Historian could neither tell me the lines nor the exposition And pitie it were that so old and famous a Monument in this our Kingdom should be so closlie dormant in a poo● Countrey-village without being communicate for ought I know to any For it should seem our Clerk-register Skeen had neither seen nor heard of it otherwayes me thinks he would hardly have called the lines so barbarous But this however I hope may invite those of the Newburgh to divulge it if any-such thing they have for it is onely truth not vanity that here I am in quest of And as this my weak Essay I have adventured upon without the help of any living● So crave I no it other Patron but Courteous Reader your own Candour and Ingenuity