COLQUHOUN

1. HUMPHREY De KILPATRICK-

Umfridus de Kilpatrick obtained a grant during the reign of Alexander II from Maldouen, Earl of Lennox of lands and barony of Colquhoun "pro servitio unius militis", for rendering to the Earl, the third part of the service of one knight. The charter must have been granted before 1246 as one of the witnesses, Walter, High Steward of Scotland, died in that year:

"To all his friends, and men present and to come, Maldouen Earl of Lennox, greeting: Let all men present and to come know, that I have given, granted, and by this present charter have confirmed to Umfridus de Kilpatrick the whole land of Colquhoun, by its right divisions, with all its just pertinents, to be held by him and his heirs of me and my heirs in feu and heritage, freely, quietly, fully and honourably, in wood and plain, in meadows and pastures, in pools and mills, in fishings, and in all other easements belonging to the foresaid lands; he and his heirs rendering therefrom to me and my heirs the third part of the service of one knight for every service and exaction; before these witnesses, Sir Walter, Steward of our Lord the King, Malcolm my son, Gillaspec Galbraith, Hamelyn, Malcolm, Duncan, my brothers, Malcolm Beg, Doven my chamberlain, Fergus Maccomyng, and many others."(1)

As was the custom of the time, Humphrey dropped the name Kilpatrick and assumed the name of his lands of Colquhoun.

Umfridus de Kilpatrick was a witness to a charter granted in 1250 by Maldouen, Earl of Lennox, confirming some pasture in Lennox to the monks of Paisley monastery.(2)

Issue-

·  2I. ROBERT-

Ref:

(1) The Chiefs of Colquhoun and Their Country- William Fraser, Edinburgh, 1869- Vol. I, pp.4-5
(2) Registrum Monasterii de Passelet- p. 172

"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

2I. ROBERT (HUMPRHEY 1)

Robert of Culchon seem to be the next representative of the family and is presumed to be the son of Humphrey, however, no evidence to that effect has been found. In 1271 Robert was a member of an inquest to determine if Maria, wife of John of Wardrobe, Elena, wife of Bernard of Erth, and Forveleth, wife of Norrin of Monorgund, daughters of the deceased Finlay of Camsy were the lawful heirs of the deceased Dufgallus, brother of Maldouen, Earl of Lennox, and who found that this was the case, having descended from Malcolm, who was the brother of Dufgallus and their grandfather, and that Dufgallus had never married.(1)

Issue-

·  3I. INGELRAMUS-

Ref:

(1) Registrum Monasterii de Passelet- p. 191

The Chiefs of Colquhoun and Their Country- William Fraser, Edinburgh, 1869- Vol. I, pp. 5-6

3I. INGELRAM (HUMPHREY 1, ROBERT 2)

Ingelram was a witness to a charter to the lands of Luss from Malcolm, 4th Earl of Lennox to Malcolm de Luss between the years 1292 and 1333.(1) He received a charter from King Robert the Bruce to Salakhill (Sauchie), Stirlingshire, the part formerly given to Osbert, son of Forsynth, amounting to 100/ for the service of two bowmen and three suits of court being reserved. The charter is undated, however, must have been granted after Mar. 1306 when King Robert began his reign.(2)

Issue-

·  4I. HUMPHREY-

Ref:

(1) Cartularium de Levenax- p. 24
(2) Harleian MSS- No. 4628, 2, at the British Museum

The Chiefs of Colquhoun and Their Country- William Fraser, Edinburgh, 1869- Vol. I, pp. 6-7
"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

4I. HUMPHREY (HUMPHREY 1, ROBERT 2, INGELRAM 3)

Umfrai de Kilwhone, Knight rendered homage to the king in 1296. Sir Umfredus de Kelquon witnessed a confirmation charter by King Robert to Sir John Colquhoun in 1308. He received a charter of the barony of Luss from King Robert the Bruce in 1308 for special services and for never having deserted the king's interest. On 26 Apr. 1309 he was a witness to a charter by King Robert where he was called "Umfredus de Culchoun, miles" which confirmed to Robert Wischart, Bishop of Glasgow, all the churches, lands, rents, possessions, and goods pertaining to that bishopric.(1) The good bishop was a staunch supporter of Scottish independance and was taken prisoner by the English at the castle of Cupar in 1306. The bishop was still in prison when the charter was granted and King Robert expresses his feelings towards him under his long imprisonment: "Since it would be a pernicious example, and dissonant to reason, to render evil for good, much more since it is a laudable demonstration of gratitude to show favour to those who have deserved well by a suitable recompense, we, deeply pondering, as we are bound, the imprisonment and chains, the persecutions and weariness which the venerable father, Lord Robert, by the grace of God, Bishop of Glasgow, has hitherto constantly endured and still patriently endures, for the rights of the Church and of our Kingdom of Scotland, we have freely granted to the said Lord Bishop all his churches, lands, rents, possessions, and good".(2) The poor bishop was not released until after the Battle of Bannockburn in 1314. Having gone blind while in prison, he died only two years after his release.

St. Mary's Chapel- Rossdhu castle, Luss

Sir Humphrey was in the Bruce's army at Bannockburn and due to his good service performed in that battle he was granted a charter to Sauchy, Stirlingshire.

Sir Humphrey was a witness to a charter from Malcolm, 5th Earl of Lennox to Sir John de Luss which was confirmed by Robert the Bruce in 1316.(3)

The following reference is to the creation of a house ad opus Culquhanorum, by order of King Robert Bruce:
"Item, in construccione cujusdam domus ad opus Culquhanorum Domini Regis ibidem, 10 solidi." Mr. Tyler in a note says that Culquhanorum is "an obsure word, which occurs nowhere else - conjectured by a learned friend to be 'keepers of the dogs', from the Gaelic root Gillen-au-con - abbreviated, Gillecon, Colquhoun." (4)

Issue-

·  4I. ROBERT- m. ______ LUSS

Ref:

(1) Registrum Episcopatus Glasguensis- Vol. I, p. 220
(2) Ibid- p. 36
(3) Cartularium Comitatus de Levanax- p. 22
(4) Extracted from the Compotum Constabularii de Cardross, vol. I, in the accounts of the Great Chamberlains of Scotland, under date 30 Jul 1329, as quoted by Mr. Tyler in the appendix to the second volume of his "History of Scotland"

The Chiefs of Colquhoun and Their Country- William Fraser, Edinburgh, 1869- Vol. I, pp. 7-9
"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

5I. ROBERT (HUMPHREY 1, ROBERT 2, INGELRAM 3, HUMPHREY 4)

m. daughter and heir of GODFREY De LUSS, Lord of Luss
d. before 1391

Sir Robert married about 1368 the daughter of Godfridus, Laird of Luss, his only child and heiress. By his marriage to "The Fair Maid of Luss" he received the lands of Luss on Loch Lomond. No direct evidence of the marriage exists, however, the tradition of the family and the possession of the estates of Luss leave little doubt. Robert took the designation "de Luss" after this. He was mentioned in a charter in 1368 as dominus de Colquhoun and de Luss. He was a witness to a charter of the lands of Auchmar from Walter of Faslane, Lord of Lennox to Walter de Buchanan in 1373.(2)

Loch Lomond from Luss pier

In the Reign of King David Sir Robert was "ordered by king to storm and take the castle of Dumbarton, which was strongly fortified. His written reply to the King, was 'Si je puis.' - 'If I can.' He effected the capture of the castle by strategy. Collecting his trusted friends and followers, he arranged for a great hunt in the immediate neighborhood, which drew out temporarily from the castle most of the defending warriors and retainers, and when the chase was at its height, he suddenly sounded the recall of his clan and hounds and took unresisting possession of Dumbarton Castle of which he was subsequently created Earl. For this deed of personal valor and warlike strategy, the crest was bestowed upon him. This consists of a Stag's Head, indicative of the chase, supported by two ratch hounds, with the motto, 'Si je puis,' and below this the words, 'Snock Locken' the war cry of the Colquhoun clan."(1)

Sir Robert was dead by 1391 when his lands of Meikle Sauchy were in the hands of the king as the heir had not yet obtained infeftment.(3)

Issue-

·  5I. HUMPHREY-

·  II. Robert- of Camstraddan

·  III. Robert- "frater junior"

·  IV. Patrick-

Ref:

(1) Colonial Families of the United States of America- Vol. VII, pp. 122-3
(2) Cartularium Comitatus de Levenax- pp. 29, 30, 38, 40, 59; as well as original charters in the Luss Charter chest
(3) Accounts of the Great Chamberlain of Scotland- Vol. II, p. 185

The Chiefs of Colquhoun and Their Country- William Fraser, Edinburgh, 1869- Vol. I, pp. 9-11
"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

6I. HUMPHREY (HUMPHREY 1, ROBERT 2, INGELRAM 3, HUMPHREY 4, ROBERT 5)

d. 1406

"To all who shall see or hear this charter, Humphrey of Colquhoun, Lord of Luss, everlasting salvation in the Lord: Know ye that I have given, granted, and by this present charter have confirmed to my beloved and special brother, Robert of Colquhoun, for his homage and service rendered, and to be rendered to me, my whole lands of Camysradoch and Achigahane, with the pertinents, lying in my lordship of Luss, within the earldom of Levenax; to be held and had, my said lands of Camysradoch and Achigabane, with the pertinents, by the said Robert, my brother, and his heirs male lawfully begotten, or to be begotten, of his body; whom perhaps failing, by Robert of Colquhoun, my younger brother, and his heirs male, in the manner before written; whom perhaps failing, by Patrick of Colquhoun, my brother, and his heirs male, as is before mentioned; whom also perhaps failing, by me and my lawful heirs whomsoever, in feu and heritage for ever, of me and my heirs, freely, quietly, wholly, fully, and peaceably, in wood and plain, in meadows, pastures and pasturages, in roads and paths, in waters and pools, in aviaries and fishings, in fowlings and huntings, in please and suits, and in their issues, with escheats, merchets and bludwyts, and with all other liberties, commodities, easements, and just pertinents whatsoever, as well not named as named, as well under the earth as above the earth, belonging to, or that may hereafter in any way belong to, the same lands; for rendering therefrom the said Robert, Robert and Patrick, my brothers, and their heirs, as before mentioned, to me and my heirs, for the common army of our Lord the King, two cheeses from every house in which cheese is made in the said lands of Camysradok and Achigahane, and for rendering for the common assistance of our Lord the King as much as belongs to so much land within the Lorship of Luss for every other service, exaction, or demand. In testimony of which thing, my seal is appended to my present charter at Luss, on the fourth day of the month of July, in the year of our Lord one thousand three hundred and ninety-five, before these witnesses, Sir Nigel of Balnory and Sir Robert Land, chaplains, William Bukroy, Donald Macroger, and John Balnory with many others."(1)

On 28 Oct. 1393 "Humphrey Colquhoun, Lord of that Ilk" witnessed a charter from Duncan, earl of Lennox to John Kennedy to the lands of Buchmonyn and also witnessed a charter by the earl to Walter Buchanan to the lands of Ladlewn on 21 Jan. 1394.(2) On 6 May 1394 as Umfridus de Colquhonne, Lord of Luss he witnessed a confirmation by the earl of a charter by John Hamilton of Buthernok to his lands of Buthernok to Margaret Fraser in prospect of the marriage to be contracted between the two of them.(3) On 10 June 1395 he witnessed a charter by the earl to Duncan MacFarlane to land between the rivers Dywach and Aldanchwlyn and the rivers Hernane (Arnan), Hinys (Innis), and Trostane, with the islands of Elanvow, Wlanvanow, Elanddowglas, and Elaig.(4) On 10 May 1398 he witnessed a charter by the earl to Maliseus Carrach to the land of Blarechos in Strathblane.(5) On 6 Mar. 1400 Humphrey witnessed a charter to Robert, Earl of Fife to Duncan, Earl of Lennox of the office of Coronator of the Earldom of Lennox.(6) On 18 Dec. 1400 "Umfray of Culquhune, Lord of that Ilk" was a witness along with four other "nobyl men and mychty" of an indenture between Sir John Maxwell, Knight, Lord of Pollok, and Sir John Maxwell, Knight, and Robert Maxwell, his sons, concerning the division of the lands of Pollok and Calderwood.(7) Humphrey along with "Robart of Colqwhoun" witnessed another indenture on 18 Oct. 1405 between Duncan, Earl of Lennox and Sir William of Coningham of Kilmawris and Sir Robert of Maxwell of Calderwood, with the consent of their spouses, Margaret and Elizabeth, daughters of Sir Robert Danielstoun, concerning the lands of Achynclock, Orrachy-more, Inchecallach, Inchefad and others.(8)

In a bond of manrent dated 5 Apr. 1406 at Inchmoryne by Arhore of Ardenagappil to Duncan, Earl of Lennox, the granter, as he had no seal of his own, procured "the sele of ane nobil mane and a michti, Umfray of Culqwone, Lord of Luse... to set to thir presentis leteris... On this seal... was engraved a shield, and in the middle of the shield was engraved the likeness of a cross, and in the top of the shield was engraved the likeness of a helmet, and to it was annexed above the form of the head of a stag, and in the circumference of the seal was written Umfridus de Culqwone."(9)

Humphrey died before 30 June 1407 when his son Robert received a confirmation of his lands held of William Wallace, Lord of Cragy.(10)

Issue-

·  I. Robert- d.s.p. c.1408

·  6I. JOHN- m. JEAN ERSKINE

·  II. Patrick- ancestor of the Colquhouns of Glennis, Stirlingshire

·  III. Robert- m. ______ MacNaughton, d. 1439 Camstradden

·  IV. Mary- m. Patrick Houston (d. 1450 Renfrew), d. 1456 Renfrew, bur. chapel of Houston

·  V. Christian- m. James Cunningham of Glengarnock, Ayrshire

Ref:

(1) Cartularium Comitatus de Levanax- p. 77
(2) Ibid- pp.45, 60
(3) Ibid- p. 73
(4) Ibid- p. 65
(5) Ibid- p.74
(6) Ibid- p. 95
(7) Memoirs of the Maxwells of Pollok- William Fraser, Edinburgh, 1863- Vol. I, p. 139
(8) Ibid- p. 146
(9) Original bond at Buchanan
(10) Original at Rossdhu- quoted by Fraser p. 25

The Chiefs of Colquhoun and Their Country- William Fraser, Edinburgh, 1869- Vol. I, pp. 11-2, 22-5
"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

7I. JOHN (HUMPHREY 1, ROBERT 2, INGELRAM 3, HUMPHREY 4, ROBERT 5, HUMPHREY 6)

m. JEAN ERSKINE
murdered 24 Sept. 1439 Inchmurrin

Some time after 25 July 1392 Sir John bound himself by letters patent, sealed with his seal and ratified by his oath, to Duncan, 7th Earl of Lennox, that he would marry Margaret, daughter of Duncan, within the term of two years, provided the earl would discharge him of his maritage within that period. Margaret was the widow of Robert Menteith of Rusky. The notarial document is dated 23 Apr. 1411:

"In the name of God, amen: By the present public instrument let it be manifestly known to all that, in the year of our Lord one thousand four hundred and eleven, in the fourth indiction, on the twenty-third day of the month of April, in the seventeenth year of the Pontificate of the most Holy Father in Christ and our Lord, Lord Benedict the Thirteenth, by Divine Providence Pope, in presence of me, notary public, and of the witnesses underwritten, personally constituted, a noble and potent lord, Lord Duncan Earl of Levenax, addressed John Colquhoun, Lord of Luss, in regard to some obligations, promises, and certain agreements agreed upon, entered into, and contracted between that Lord Earl and the same John by the said John's obligatory letters patent, sealed with his seal, and confirmed by his oath in this manner, namely, that the same Lord Earl, among other things, wished and asserted that the foresaid John, begin formally bound to that Lord Earl that if it should happen that he should marry Margaret, lawful daughter of the said Lord Earl, within the term of two years, as is more fully contained in the obligations themselves made thereupon, if the same Lord Earl should make the foresaid John freed of his maritage according to the form of reason or of law, within the above said term of two years, which the said Lord Earl offered to do according to the before mentioned form of law by the security of obligations or good and sufficient pledges; which obligatory letters with effect the same Lord Earl requested to be observed to him in their form and force in like manner and in effect by the same John in all things; and that the said Lord Earl should observe and fulfil to the same John without delay, the obligations, promises, and agreements, of this nature so entered into, contracted and agreed upon, in so far as it was in his power, in form and effect, in all points, articles, and circumstances, as is more fully and effectually contained in the same obligatory letters: And that the said Lord Earl would make the said John of Colquhoun thus firm, safe, and secure, and would warrant the said John, as he is better and more effectually bound to the same John in the foresaid obligatory letters, against all mortals, according to form of law: And if it should happen that any should attempt or wish to molest and disturb the foresaid John of Colquhoun in any points contained in the said letters, against the form of law, the same Lord Earl offered to act in his defence against molestation or distrubance of this sort, as he would act in a cause touching his own proper person, in any manner in which he could suitably do so according to the foresaid form: Upon all which, and sundry premises, the same Lord Earl asked me, notary public underwritten, to make to him a public instrument. These things were done near the burial ground of the parochial church of St. Patrick, in the diocese of Glasgow, year, day, month, indiction and pontificate as above, there being present these noble men, John Stewart, Lord of Darnley, Sir John of Hamilton, Lord of Bardwe, Alexander of Logan, Lord of Catconwell, knights, Hugh of Aldyston, and Sir Robert Land, rector of Innyschallach, of the diocese of Glasgow, and other witnesses to the premises specially called and asked." Celestine MacGillemichael, clerk of the diocese of Argyll. (1)

There is no evidence that John and Margaret married, all of his children were by his marriage to Jean.

Sir John was appointed Governor of Dumbarton castle by King James I and office he held until the minority of King James II:

"the payment made by command of our Lord the King to John of Colquhone, Keeper of the Castle of Dunbrettane, from the term of the blessed Martin, bypast, as appears by the said John's letters of receipts shown on the account, £26, 13s. 4d.; and the payment made to the said John for the keeping of the said castle, of the term of Pentecost next to come, Sir John Forster (Chamberlain) testifying the receipt upon the account, £13, 6s. 8d".(2)

Dumbarton Castle

"John of Colquhoun, Lord of that Ilk" was at the assize by Sir John Forster, Knight, on 3 Jan. 1429 to settle the dispute between the burghs of Dumbarton and Renfrew concerning fishing rights.(3) On 7 Feb. 1429 John MacRoger of Glen Mackerne (Glenmakurn) resigned in the court of the Lord of Luss into the hands of his lord superior, John of Colquhoun, Lord of Luss, all his lands of Gleane Mackehirne, Bannories, Inchgonagane, and Elanchleyff. Among the witnesses were Robert of Colquhoun, Lord of Camstrodane and Malcolm of Culquhoun.(4)

Sir John was the patron of the parish church of Luss and about 1430 he consented to annexing that parish as a prebendary to the cathedral church of Glasgow by John Cameron, Bishop of Glasgow. John, as patron, was to retain the right of appointing vicars to the church when vacant.(5)

At the beginning of the reign of King James II, Sir John sat as a member of Parliament in 1437.

In 1439 he was invited by some of the Highland chiefs from the Western Isles to a conference to settle their differences. Not suspecting any treacherous intention he left his garrison to meet with them with only a few men with him in attendance. He and his party was attacked by Lachlan Maclean and Murdoch Gibson two noted robber chiefs and was killed on the island of Inchmurren on Loch Lomond on 24 Sept. Because of this event a Parliament was summoned 2 Aug. 1440 to adopt measures to curtail such murders and robberies. They instituted the appointment of justiceairies or circuit courts to be held twice per year to hear such cases.(6)

The Island of Inchmurrin- Loch Lomond

Issue-

·  7I. MALCOLM- d. before 1440

·  II. Isabel- m.after 1440, David Douglas of Mains

Ref:

(1) The Chiefs of Colquhoun and Their Country- William Fraser, Edinburgh, 1869- Vol. I, pp.25-7
(2) Accounts of the Great Chamberlain of Scotland- Vol. III, pp. 152-3
(3) Extract Decreet at Rossdhu House- quoted by Fraser p. 29
(4) Original Procuratory of Resignation at Rossdhu House- quoted by Fraser p. 29
(5) Registrum Episcopatus Glasguensis- p. 340
(6) The Chiefs of Colquhoun and Their Country- William Fraser, Edinburgh, 1869- Vol. I, pp.29-31
"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

8I. MALCOLM (HUMPHREY 1, ROBERT 2, INGELRAM 3, HUMPHREY 4, ROBERT 5, HUMPHREY 6, JOHN 7)

d. before 1440

Several authors have stated that Malcolm was one of the hostages for the ransom of King James I, however, a complete list is given in Rymer's Foedera and his name is not listed.(2)

In a charter dated 13 Nov. 1433 by Sir James Scrimzeour, constable of Dundee he is called "Malcolm Colquhoun, son and heir apparent of Sir John Colquhoun of Luss".(1)

Malcolm was supposedly killed by the MacGregors before his father's death.

Issue-

·  8I. JOHN- m. ______ BOYD, d. 1 May 1478

Ref:

(1) The Chiefs of Colquhoun and Their Country- William Fraser, Edinburgh, 1869- Vol. I, p. 32
(2) Foedera- Rymer- Vol. X, p. 307

"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

9I. JOHN (HUMPHREY 1, ROBERT 2, INGELRAM 3, HUMPHREY 4, ROBERT 5, HUMPHREY 6, JOHN 7, MALCOLM 8)

m.1. daughter of THOMAS, Lord BOYD
2. before 26 June 1463 Elizabeth Dunbar, (m.1. c.1442 Archibald Douglas (killed 1 May 1455 Arkinholm, Dumfries), m.2. contract 20 May 1455 George, Lord Gordon, divorced before 10 Mar. 1459), d. of James Dunbar, Earl of Murray
d. 1 May 1478 Dumbarton castle

Sir John succeeded his grandfather in 1439 and was granted several lands in 1462 and 1463 from James III and was knighted for services rendered by him to his sovereign and his country.

On 22 Feb. 1457 King James II granted him a charter of the lands of Luss, Colquhoun, and Gartscube in Dunbarton, and the lands of Glyn and Sawchie in Stirlingshire. By this charter these lands were united and incorporated into a free barony, to be called the Barony of Luss. On 20 Mar. 1458 the king granted him a charter making into a Free Forst the lands of Park of Rossdhu and the lands of Glanmuckerne.(1)

Sir John and Elizabeth Dunbar were married prior to 26 July 1463 from the following extract from the Account of Bothkennar: "Expenses, etc. By payment made to Elizabeth Dunbar formerly Countess of Murray, of the farms of the lands of Duchra, for her support, in part of payment of 100 merks granted to her by the charter of our lord the King under the Great Seal, John of Colquhoun of Luss, knight, her spouse, confessing the receipt."(16)

On 26 Apr. 1465 Sir John delivered a notarized letter of presentation from the king to John de Haliburton of Sawling and after it was read he requested that he might be infefted in the lands of Bordeland of Sawling. John de Haliburton declined to do so, however, on 16 Jan. 1465/6 he resigned all his right and title to the two Sawlings (Black Sawling and Little Sawling) in favor of Sir John. On 10 Nov. 1466 Sir John, for his counsel, assistance, and favor rendered in many ways to the granter, recived a charter from David de Haliburton, son of John de Haliburton, of an annual rent of £6, 13s. 4d. Scots, from the lands of Uchtirstonne and Burnhouse in Berwickshire.(2)

In 1463 he was appointed clerk register of Scotland and from 1465 to 1469 he was Comptroller of the Exchequer (Computorum Rotulator) as well as Sheriff Principal of Dumbartonshire in 1471 as well as one of the sheriffs of Linlithgow.(11) He was a member of Parliament for the first time in Oct. 1466 in the Parliament held in Edinburgh by King James III and was appointed by it one of the Lords Auditors of Complaints.(9) He was also a member of Parliament in 1467, 1469, 1471, 1476 and 1478.(10)

On 24 Mar. 1465/6 he received a charter from King James III of half of the lands of Kimerdoning to the east of the church, upon the resignation of them by their former lord, Alexander de Auchinros, to be held of the Crown for rendering the services due and wont.(3)

On 7 Aug. 1469 he acquired for the payment of a certain sum from John Haliburton a charter of the four merk land of Nisbet in East Lothian.(4) On 29 Nov. 1473 he obtained a charter to the lands of Roseneath and on 8 Oct. 1474 he also received from James III a charter to the lands of Strone, Kilmone, Invercapill and Cayveland in Argyleshire which formerly belonged to Jamces Scrimgeour of Dudhope.(5) Sir John sent the king a present of two hounds on 3 Nov. 1473: "Item, to a man that come fra the lairde of Luss witht ii grew hundis to the King, xs."(12)

From George, Earl of Huntly Sir John obtained the lands of Tulyechil in the stewartry of Stratherne, however, a right to occupy these lands was claimed by Humphrey Murry of Abercarny who had received a charter previously. Sir John pursued an action against him for the wrongous occupation of them, for the wrongous spoliation of their mails, for the wrongous uplifting from them of fourteen bolls of bere. The case was brought before the Lords Auditors on 9 July 1476 and Sir John produced a letter of assignation from the Earl of Huntley and Humphrey Murray produced a similar letter from William of Stirling, who, he alleged, had a prior right to them. The Lords Auditors ruled that Humphrey Murray had to prove that William of Stirling had power from the earl of Huntly to assign these lands to Humphrey, if not, they would go to Sir John... the final decision was not recorded.(6)

In 1474 he was appointed Lord High Chamberlain of Scotland, one of the most ancient offices in Scotland and ranking next to those of the Chancellor and Justiciar and taking precedence of those of Steward, Constable and Marischall. The Great Chamberlain was invested with the power of judging crimes committed within burghs, and like the Justiciar, had his circuit courts through the country with his sentences being put into execution by the bailies of the burghs. He had the ability to cause suits to be called, to fine the absent, to punish delinquents according to the laws and custom of the kingdom, and to appoint clerks, sergeants, judges and all other offices that were necessary. As Great Chamberlain, Sir John was one of the ambassadors to negociate a marriage treaty between the Prince and King Edward's daughter Cicily in July 1474. On 26 Oct. the formal betrothment was held at Greyfriar's Church in Edinburgh and Sir John was one of the witnesses to the document.(13) For various state reasons this marriage was never completed.

By Royal charter 17 Sept. 1477 he was made Governor of Dumbarton castle for life which included the lands of Cardross, Cumray an annual rent from the lands of Cadzow along with the corn mill of Paisley called the Uache Mele (the walk mill).(14)

On 9 July and 11 Sept. 1477 and 4 June 1478 Sir John acquired various lands and houses in the burgh of Canongate, Edinburgh. All these properties were held of the Lord Abbot and Convent of the Monastery of the Holy Rood of Edinburgh. In a notarized document dated 21 Oct. 1478 Humphrey "son and apparent heir of Sir John Colquhoun" took took instruments in name and on behalf of his father, a statement which shows that his father was then alive and could not have been killed on 1 May 1478 as stated by Bishop Lesley.(7) Sir John died defending Dumbarton Castle having been killed by a cannon ball supposedly on 1 May 1478.

The Canongate, Edinburgh

Sir John obtained the lands of Kirkton and Inchberry from Huchou Thomson, son of the deceased Walter Thomson. He pursued an action against Hugh, Lord Fraser for wronly occupying these land and for the taking up of their mails for the previous three years. The case came before the Lords of Council on 19 Oct. 1478 when they decreed that Lord Fraser should cease his occupation of these lands and he should pay to Sir John £30, being the mails from the past three years.(8)

Sir John joined the army raised by King James III against his rebellious brother Alexander, Duke of Albany. The army besieged the Castle of Dunbar which the Duke has garrisoned. The siege was successful due to lack of provisions and the garrison escaped during the night and sought refuge in England and France. However, the cannon mounted on the ramparts of the castle sent a shot which killed Sir Andrew Wallace of Craigie, Sir James Shaw of Sauchie as well as Sir John Colquhoun. The exact time of this battle is not known, however, must have been after 21 Oct. 1478 when he was referred to in the above notarial instrument and 14 June 1479 when his son Humphrey in infefted as heir to his deceased father. In 1484 an action was pursued in the Supreme Civil Court by Robert Houstoun, parson of Luss and Patrick Houstoun, executors of the estate of Sir John Colquhoun of Luss, Knight, again Sir William of Murray of Tullibardine, Knight, John of Murray, his son and heir, and Robert Balmaclone for spoiling certain corn out of the lands of inverpeffre and Gorte belonging to the late Sir John. The action of the Lords Auditors began on 22 Oct. and continued until 14 Jan.(15)

Lady Elizabeth and her step-son did not live on very harmonious terms. Disputes often arose between them and there seems to have been little disposition for either of them to yield or compromise their differences. From the numerous law suits that Humphrey was involved in it seems he had a propensity for this kind of warfare and his stepmother met him with a spirit and determination as strong as his own! The Lords Auditors of Causes and Complaints and the Lords of Council did their best to judge impartially between them with sometimes one, then the other, gaining the action. When one question was settled the battle was renewed on a different point. Elizabeth sued Humphrey for withholding from her £20 of the remainder of the sum paid by David Haliburton for the lands of Sauline, and 16 merks of her terce of the mailos of the land of the Canongate for two years past, and also 46s 6d her terce of the mails of the lands of Garshake. Both parties appeared before the Lords Auditors on 10 Dec. 1482 and they decreed that Lady Elizabeth had no right to the £20. As to the 16 merks and 46s 6d Humphrey denied that he had collected them from the lands mentioned.(17) Elizabeth then sued Humphrey again for wrongly withholding from her 12 merks of her half of the ward of the lands of Stanehouse, and £15 of her part of the lands of Tuliketle. Both parties appeared before the Lords Auditors on 18 Feb. 1483 and they decreed in favor of Elizabeth.(18) She again sued Humphrey for wrongful detention from her of four bolls of wheat, four bolls of bear, and ten bolls of oats, pertaining to her of the half of the ward of the lands of Stanehouse, £4 of silver of the half of the ward of the lands of Tuliketle, and £10 by reason of an obligation of Simon Logan. On 12 Oct. 1483 the Lords Auditors decreed that Humphrey had failed to prove that the debts of his deceased father exceeded the quantity of his moveable goods and he should make payment to Lady Elizabeth.(19) She again sued Humphrey on 19 Oct. 1484, this time for sums of £5, 10s, £11 and 55 merks. He then brought action against his stepmother to be relieved from the payment of the half of the debts contained in his deceased father's testament. On 21 Oct. 1484 Elizabeth declared that she should have the half of the moveable goods of her deceased husband according to the decreet of the Lords of Council and also that he had more moveable goods than were contained in his testament. Humphrey said that she HAD got the half of the goods and they ought to relieve him of the half of the debts. Humphrey then looked for reparations concerning tenements in the Canongate of Edinburgh, the burghs of Stirling and Dumbarton and the destruction of his place and orchard of Dunglas. This was brought before the Lords of Council on 25 Oct. 1484 and they decreed that she should uphold this property in a state of good repair as they were when she received them after the death of her husband or else give them to Humphrey. On 24 Jan. 1484/5 the Lords referred the action concerning the goods not put in his testament and also with regard to the payment of his debts, to the "spirituale Juge ordinar" who had the power to make this decision.(20) This is the last entry concerning the dispute between Elizabeth and her stepson Humphrey, so they either settled their differences or Elizabeth had died!

Rossdhu Castle- home of the Colquhouns

Issue- all children by his first wife.

·  I. Humphrey- m.1. Helen Erskine, 2. Marion Baillie (m.1. John, Lord Somerville (m.1. Helen Hepburn, d. Nov. 1491)), d. before 19 Aug. 1493 Dumbarton

·  II. Robert- Rector of Kippin & Luss, Bishop of Argyle, member of the University of Glasgow, d. before 1499

·  9III. MARGARET- m. WILLIAM MURRAY

Ref:

(1) Original charters at Rossdhu- quoted by Fraser, p. 33
(2) Ibid- p. 34
(3) Ibid
(4) Ibid
(5) Reg. Mag. Sig.- Book VII, Nos. 73, 308
(6) Acta Dominorum Auditorum- p. 46
(7) Original charters at Rossdhu House- quoted by Fraser- p. 35
(8) Acta Dominorum Concilii- p. 15
(9) Acts of the Parliament of Scotland- Vol. II, p. 85; Acta Dominorum Auditorum- p. 3
(10) Acts of the Parliament of Scotland- Vol. II, pp. 89, 90, 93, 98, 102, 121, 188, 191
(11) Acta Dominorum Auditorum- p. 54
(12) Account of the Lord High Treasurer of Scotland- entry for 3 Nov. 1473
(13) Rymer's Foedera- Vol. XI, p. 821
(14) Officers of State- Crawfurd- p. 319
(15) Acta Dominorum Auditorum- p. 150
(16) Exchequer Rolls- Her Majesties' General Register House, Edinburgh
(17) Acta Dominorum Auditorum- p. 104
(18) Ibid- p.129
(19) Ibid- pp. 113, 120
(20) Ibid- pp. 147, 149, 89, 98

The Chiefs of Colquhoun and Their Country- William Fraser, Edinburgh, 1869- Vol. I, pp. 33-54
The Scottish Antiquary- Vol. VII, pp. 158-61
"The Scottish Nation"- William Anderson, A. Fullarton & Co., Edinburgh, 1880

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