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Origin; Patrick de Reaberry [message #22] Tue, 23 January 2024 16:20 Go to next message
Jay is currently offline  Jay
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Objective: Find the evidence to the story of Patrick McClelane of Reaberry and the Black Douglas, its origin and recorded facts.

A search of the Records of the Parliaments of Scotland from Alexander II 1235-1249, ending with Anne 1702-1707 ending of the Independent Scottish Parliament.
The first search for MacLellan in the Parliamentary Records was 0 in 'manuscript' search mode, doing various searches of the surname oldest results below:

Parliamentary Register [23 July 1473]
Judicial proceedings: acts of the lords auditors of causes and complaints. [5 August 1473]

(MSS)

"Anent the lamentable complaint made be Patric McClelane for the wrangwise withehaldin of him fra the possessioune of the landis of Culris to the quhilk he was restorit in the tyme of oure souverane lorde, quham God assolye, and tharefter put tharfra be Robert, umquhile Robert, lord Boyde, the lordis auditouris of complaintis in thirs parliament, withe the said lordis of oure souverain lordis speciale counsaile, has at lenthe sene the evidentis and richtis that the said Patrik has for him anent the said landis, baithe actis and decretis of parliament and inquisiciouns and witnessing ordanit be oure souverane lord to be takin, be the quhilkis thai have clerely understandin that the said Patric has bene and yit is wrangwisly put and haldin fra the said landis of Culris, and tharfore counsalis oure souveraine lord in continent to restore him to the samyn and mak him be defendit in the broukin tharof, and humbly exhortis and besekis his grantis herefore."

(Translated)

"Concerning the lamentable complaint made by Patrick MacLellan for the wrongful withholding of him from the possession of the lands of Culross, to which he was restored during the time of our sovereign lord [James II], whom God absolve, and thereafter expelled from there by Robert, the late Robert [Boyd], lord Boyd, the lords auditors of complaints in this parliament, with the said lords of our sovereign lord's special council, have seen at length the evidence and rights that the said Patrick has regarding these lands, both acts and decrees of parliament, and investigations and witnesses ordained to be procured by our sovereign lord, through these they have clearly understood that the said Patrick has been and still is wrongfully expelled and withheld from the said lands of Culross, and therefore they counsel our sovereign lord to immediately return the same to him and to make him protected in the use of it, and they humbly exhort and beseech his grants heretofore."

1473 is 22 years after the story of Patrick and Douglas. Nothing recorded on this event.

In search of the incident of 1452 involving the King and the Black Douglas.

Parliamentary Records [25 October 1451]

26 October 1451
Charter: to William earl of Douglas, of the earldom of Wigtown (abstract)
James, etc., granted William [Douglas] earl of Douglas and Avondale, lord of Galloway, with the full deliberation of the three estates in the parliament held on the date stated below, all the earldom of Wigtown, and all the lands on the east side of the river Cree, with the pertinents lying in the sheriffdom of Dumfries, which lands were William's hereditarily, and which he resigned in the parliament at Edinburgh [in June 1451] before the three estates, quitclaiming the same in perpetuity. The same earldom and lands on the east of the Cree are to be held by William and his legitimately procreated heirs male, whom failing Sir James Douglas, his brother german, Archibald [Douglas] earl of Moray, Hugh [Douglas] earl of Ormond, or John Douglas of Balvenie, and their legitimate heirs male respectively, whom all failing the nearest heirs of William, from us and our heirs in fee and heritage, with all its rightful boundaries and divisions [listed in detail], as freely as they were held by any predecessors from the king or his heirs before the resignation, without any restraining or obstacle, notwithstanding any crimes or transgressions committed by William's predecessors before the present day, or any acts, statutes of parliament or general council made or published, or revocations made or hereafter to be made which might contradict this charter in any way in the future. William and his heirs paying one red ruby for the said earldom and the lands at Wigtown on the feast of the Blessed John the Baptist by way of blenche ferme if asked, for all services and exactions which may be required. Under testimony of the great seal. Witnesses William [Turnbull] bishop of Glasgow, John [Railston] bishop of Dunkeld, John [Winchester] bishop of Moray, George [Douglas] earl of Angus, William [Crichton] lord Crichton, chancellor, William lord Hay, constable, William lord Keith, marischal, William [Somerville] lord Somerville, Andrew [Gray] lord Gray, Mr John Arous archdeacon of Glasgow, and George Shoreswood, parson of Coulter. At Stirling 20 October 1451, 15th year of the reign.


26 October 1451
Charter: to William earl of Douglas, of the lordships of Stewarton and Dunlop
James, etc., with the full deliberation of the three estates in parliament at Stirling on the date given below, granted to William [Douglas] earl of Douglas and Avondale, lord of Galloway, all the lands of the lordships Stewarton and Dunlop lying in the sheriffdom of Ayr, which lands were William's hereditarily, and which he freely resigned to the king as steward of Scotland before the three estates at the parliament at Edinburgh [in June 1451], quitclaiming all right to the lordships. The lordships are to be held with all right and title and all its rightful boundaries, divisions and rights [listed], as freely as they were held by William and his predecessors before the resignation. Under the great seal. Witnesses William bishop of Glasgow, John bishop of Dunkeld and John bishop of Moray, George [Douglas] earl of Angus, William [Crichton] lord Crichton, chancellor, William [Hay] lord Hay, constable, William [Keith] lord Keith, marischal, William [Somerville] lord Somerville, Andrew [Gray] lord Gray, Mr John Arous, archdeacon of Glasgow, Mr George Shoreswood, parson of Coulter, at Stirling on 26 October 1451, fifteenth year of the reign.

26 October 1451 we see William of Douglas in good favor receiving 2 charters on the same day.

The next record I find a reference to the incident of the subject.

Parliamentary Records [12 June 1452]
Parliamentary declaration concerning rumours that the king broke a respite and other sureties when he killed the earl of Douglas.

"The prelates, dukes, earls, magnates, nobles, barons, city and burgh commissioners of the three estates of the kingdom of Scotland represented in the parliament held and begun at the burgh of Edinburgh on 12 June 1452 greet all men and Christ's faithful to whose notice these present letters shall come. In the name of the saviour of all, the most serene prince James by the grace of God king of Scots presiding in his said parliament asserted that it had come to his notice that some of his enemies and rebels outwith and within his realm denigrate his good reputation and rashly dare to slander him, unjustly attempting to assert that our supreme lord the king slaughtered the late [William Douglas] earl of Douglas while he was under special respite and certain other sureties. Which slander troubling our same serene lord the king, bringing forth his three estates in his said present parliament, he urgently requested that, in order to declare his innocence, they inquire concerning the truth of the foregoing and also concerning the pretexts, causes and motives of the death of the said earl, and furthermore they shall be willing to compose express declarations for the future memory of the matter under authentic document. So the aforesaid three estates, attending to the request of an examination of the lord king, in order that justice and a better impression and a good reputation may be enjoyed concerning which are facts and which fictitious slanders, proceeding to the inquest of the foregoing with thought and great maturity, and to this end [proceeding to] another place and outwith the presence of the aforesaid most serene prince, which place of the three estates being set apart, and sitting together in several houses assigned to them, and making examinations thereupon, at length, from the clear depositions and statements of the great barons, magnates, knights and nobles examined concerning the above in great number in the presence of the three estates, it was clearly established and proved that the aforementioned late William earl of Douglas, if he had any respites or other sureties from the said most excellent king on the day preceding his death, those respites and sureties were expressly renounced before a multitude of barons, magnates, knights and nobles, and furthermore, from the letters and evidences of many seals of the said late Earl William, the seals being read through in parliament, and other clear deductions and proofs, it is openly established concerning the bonds and conspiracies made and initiated by the said earl with certain great magnates of the realm, in oppression and offence of the most serene royal majesty, and the public rebellions frequently perpetrated by him, his brothers and accomplices, and also after many flattering persuasions made both by the king and by various barons and nobles for agreeing and assisting the king against his rebels to the said Earl William on the day of his death, shameless obstinance of such a degree having been displayed to the serene lord the king and other wicked acts having also been perpetrated by him, he is considered to have procured and produced the occasion of his death. Therefore the aforesaid three estates, having listened to the foregoing, expressly declared that the most serene lord king did not break or violate any respite or other surety in the death of the said late Earl William, and also from the aforementioned conspiracies, bonds, rebellions and evil deeds, in contempt and offence of the most serene royal majesty, wickedly committed and perpetrated by the same Earl William and his accomplices, [William] procured and produced the occasion of his own death. Seals [were appended] in faith and testimony of this declaration."

Three years has past.

Procedure: preamble
In the parliament of our supreme lord our king held and begun at Edinburgh on 9 June AD 1455, and the 19th year of our reign.


Judicial proceeding
On the 10th day of the same month a judgement of forfeiture was given upon James [Douglas] earl of Douglas.

Judicial proceeding
On the 12th day of the same month a process and judgement of forfeiture was given on Beatrice countess of Douglas, Archibald [Douglas] earl of Douglas, and John Douglas of Balvenie.

"Judicial proceeding: process of forfeiture against the Black Douglases
The earls, magnates, nobles, barons, city and burgh commissioners in the parliament at Edinburgh held and begun on 9 June 1455, [send] greeting in the saviour of all to all those to whose notice these present letters shall come. We cause it to be known by all of you that the most excellent prince and our lord the lord James most illustrious king of Scots, on 10th of the said month and year, in our presence in Edinburgh tolbooth in the aforementioned parliament, caused to be presented and read through certain letters of summons of the royal chapel under the seal of the office of the chancery of our said supreme lord the king, sufficiently sealed and lawfully endorsed, directed to James Livingston, sheriff of Lanark in that part, and sealed also by his seal in testimony of the execution of the same, for the summons of James Douglas, formerly earl of Douglas, etc. After the reading of which letters and the endorsements of the same, it becoming known that the said James of Douglas was lawfully and peremptorily summoned by virtue of the said letters, as was crystal clear by the production of four witnesses, namely of Lyon herald of the king's arms, Robert Bruce, Henry Livingston and Robert Dalziel, produced by the said James Livingston, and the swearing of oaths on the sacrament intervening, that they were present on 24 April in the said year [and saw] James Livingston [make] due execution of the said letters of summons of the royal chapel made at Douglas, Strathaven and the burgh cross of Lanark. Then, the said proof lawfully and duly made, the said James of Douglas often called to compear personally in the presence of our supreme lord the king and his estates of the realm on 10 June in parliament to answer to our said supreme lord the king for the treasonous munitions and fortifications of the towers and fortalices of Threave, Douglas, Strathaven and Abercorn, and for the treasonous bonds and confederations also made by this James with the English, to the harm of the royal crown, and for James's treasonous conspiracy and insurrection with a multitude of armed men in a hostile manner and by way of war near the burgh of Lanark against the king, and for this James's treasonous help, maintenance, reinforcement, assistance and support exhibited and applied to his brothers and their accomplices in their treasonous rebellions, etc., made by them and for the plunderings made by him of the grange of Henry [Abernethy] lord Abernethy, the lord king's justiciar, and for James's help and support made to Robert Douglas in the exheridation of the king and his successors in so far as he was able in the lands of Strathbrock [Broxburn], pertaining [to the king] by right and heritage, and for the fires and burnings made by James upon the grange of Colden, and for art and part in the burnings of the burgh of Dalkeith and the plunderings of the goods of the inhabitants of the said burgh, and for many other treasons, rebellions, crimes and transgressions committed and perpetrated by the said James against our lord the king and upon his lieges and subjects to the reproach and contempt of our lord the king and the immoderate and grave hurt of his lieges, which James often called and not compeared, then Lancelot of Abernethy, forespeaker of our lord the king, for proving and clearly declaring the said James Douglas to have committed and perpetrated treasonable treachery in the diverse transgressions mentioned before, perpetrated by this James, produced many reasons, allegations, acts and statutes of parliament and common laws, both canon and civil, rendered in writings, heard and understood. After long communication had between us, we found the said James to have committed treasonable treachery in all the preceding articles touching treasonably treachery, according to the acts and statutes of parliament and common law, canon and civil, and the said James to be guilty and culpable in all other transgressions mentioned before. Then, all and singular the lords prelates of parliament and the rest of the clerics standing in sacred orders being withdrawn, it was given for judgement by the mouth of David Dempster of Carraldston, dempster of the court of parliament, that the said James Douglas, for his treasonable crimes perpetrated by him, forfeited in perpetuity his life, and his lands, rents and possessions, superiorities and offices, with the pertinents, and all his moveable and immoveable goods [are to be taken] from him and his heirs, applying them hereditarily to the use and utility of our lord the king, his successors and assigns in perpetuity. Afterwards, by mandate of the king

[... ... ...]†

the aforementioned Beatrice [formerly countess of Douglas]

[... ... ...]

having proved lawful execution of the same

[... ... ...]

clearly approved for [answering] to our lord the king for the treasonous munition of the castles of Abercorn, Douglas and Strathaven, and for the treasonous placing of king's rebels in the said castle of Abercorn, and for art and part in the burnings of the towns of Kingscavil, Bondington and Warnestoun, and art and part in the plunders and depredations of the goods of the tenants of the said lands, and for her treasonable counsels, help and support, which [were] the greatest

[... ... ...]

[and for the support shown by] Beatrice to her sons, James [earl of Douglas], Archibald [Douglas, earl of Moray], Hugh [Douglas, earl of Ormond] and John Douglas [lord of Balvenie] and their accomplices in their treasonable crimes and transgressions perpetrated both in treasonous contracts and bonds with the English and in other treasonous actions perpetrated by them, and the aforementioned Beatrice often called and not compearing, it was therefore heard and declared [...] to us the aforementioned crimes and many other evil acts perpetrated by her we find her to have committed treasonable treachery for the said crimes, evil acts and transgressions perpetrated by Beatrice, as said, against royal majesty, common [law], [and is] culpable, and [should] forfeit life, lands, possessions and all her [... and], by the mouth of the said dempster of the court of parliament it was given for judgement that the said Beatrice, for her treasonable and notorious crimes perpetrated by her, forfeited her life, and from her and her heirs all her lands, annual rents, possessions, superiorities and offices, and all her moveable and immoveable goods are to be applied to the said lord our king and his successors and assigns hereditarily in perpetuity, and that he gave for judgement [....] And then, after this, on the said 12 June, it was declared also that Archibald pretended earl of Moray committed treasonable treachery in the munition and fortifying of the castles of Lochindorb and Tarnua against the king and the laws and statutes of the realm, and [the things] said and done [before] and that he committed treasonable treachery for his treasonous assistance, etc., stated above, by the mouth of the dempster of the court of parliament it was said for judgement that all and singular the lands, rents, possessions, superiorities and office and moveable and immoveable goods of the said Archibald Douglas by law ought to remain with our said supreme lord the king and his successors and assigns as his escheat in perpetuity, and this it was given for judgement by the said David, dempster of the court of parliament. Then immediately John Douglas of Balvenie, brother german of the said James of Douglas, the weighty and [... ?charges] understood and the letters of summons of the same lawfully executed and the due execution of the same made and proved by the aforementioned witnesses and other trustworthy men, that he was summoned to compear in the presence of our lord the king and us on the said 12 June, summoned for compearing the said day for answering concerning all and singular the treasonable transgressions and crimes written below, namely, for the treasonous munition of the castle of Abercorn and for the treasonous bond and confederations made by this John with the English, for the treasonous bonds, crimes, supports performed and given to James Douglas and his brothers and the treasonous and notorious rebellions and transgressions performed by them. Which John often called and not compearing, the witnesses heard

[... ... ...]

[we found John guilty of the] transgressions [and] treasonable treachery, and this John also is and has been culpable and guilty in certain criminal actions mentioned before, perpetrated by the said John Douglas, to forfeit his life, appropriating his lands, rents, possessions and moveable and immoveable goods in perpetuity to our said lord the king and his successors and assigns hereditarily. In faith and testimony of all the foregoing things, our seals are appended: [...] John [Stewart] earl of Atholl, George [Douglas] earl of Angus, Malise [Graham] earl of Menteith, William [Hay] earl of Erroll, constable of Scotland, John [Stewart] lord Lorne, Thomas [Erskine] lord Erskine, Colin [Campbell] lord Campbell, Patrick [Graham] lord Graham, William [Somerville] lord Somerville, Alexander [Montgomery] lord Montgomery, Robert [Maxwell] lord Maxwell, George [Leslie] lord Leslie, Patrick [Lyon] lord Glamis, James [Hamilton] lord Hamilton, Andrew [Gray] lord Gray, Robert [Boyd] lord Boyd, William [Borthwick] lord Borthwick, along with the seals of John [...] and William [..] Colibre, procurators of John [MacDonald] earl of Ross, lord of the Isles, and the seals of Mr John [...] procurator of Alexander [Gordon] earl of Huntly, the seal of the community of the burgh of Haddington for the part of the burgh commissioners assembled in the said parliament, and for fuller evidence of the foregoing the seals are appended of the reverend fathers in Christ James [Kennedy] bishop of St Andrews, Thomas [Livingston] bishop of Dunkeld, John [Winchester] bishop of Moray, George [Shoreswood] bishop of Brechin, Thomas [Tulloch] bishop of Ross, Robert [Lauder] bishop of Dunblane, George [Lauder] bishop of Argyll, the venerable father in Christ William [Bonar] prior of St Andrews, and the many abbots being present, at Edinburgh on 17 June 1455."

and the following August:

Parliamentary Records [4 August 1455]

Item, it was decreed and ordained by the lords of the three estates assembled in the said parliament that, because in the parliament of our supreme lord the king held recently in the tolbooth of Edinburgh, held and begun on 9 June 1455 and continued for a certain space of days, James [Douglas] formerly earl of Douglas, John [Douglas] formerly lord of Balvenie, his brother, and Beatrix [Sinclair], James' and John's mother, [having] perpetrated [acts] against the king and kingdom, and attached themselves to Englishmen to the open and notorious harm and cost of royal majesty to as great an extent as they could, as they now attach themselves, and therefore so the king and kingdom and subjects and lieges of the king are not hurt and oppressed by the abominable treasons of them and their adherents in the future, by the unanimous consent and assent of all and singular the prelates, nobles, barons, burgh commissioners and freeholders of the three estates of Scotland, represented in the said parliament, they decreed in that place that no person, liege or faithful person of Scotland, of whatever estate, grade or condition he be, know, receive, support or supply in any way the said James formerly earl of Douglas, John formerly [lord] of Balvenie, his brother, and Beatrix, mother of James and John, their men, servants or adherents or any of them, or give them or any of them lodging, aid or help whatsoever, however rendered, in the future under the pain of treason and also forfeiture of life, lands and goods by this fact. And that no person not forfeited in the the said parliament, begotten or to be begotten of the any of the aforesaid persons or of any person, by any means be able to succeed to or beg for hereditary succession to any of the heritages, lordships, lands or possessions in the kingdom of Scotland in future. And that the said lords of parliament by unanimous consent and assent decreed the public act to have firm strength in perpetuity.

To Continue:
Re: Origin; Patrick de Reaberry [message #23 is a reply to message #22] Thu, 25 January 2024 07:27 Go to previous message
Jay is currently offline  Jay
Messages: 4
Registered: January 2024
Junior Member
It Is, I Am, We Are
The History of the Raeberry site and Raeberry Castle once home to Patrick McClelane. Here is what Canmore has to say:

"Archaeology Notes
NX64SE 6 6991 4372

(NX 6990 4373) Raeberry Castle (NR) (Site of).

OS 6" map (1957)

Raeberry Castle, the seat of the MacLellan family, stood upon a rock, overhanging steep cliffs, and cut off on the landward side by two deep ditches, and a strong wall. This wall, and the drawbridge, are supposed to have been destroyed about 90 years ago (ie c.1750), and the interior buildings about 200 years before that, though faint remnants of ramparts may still be seen at either end of the promontory.

F R Coles 1891; New Statsitical Account (NSA) 1845 (J McMillan)

No trace of Raeberry Castle remains; only the earthworks survive.

Revised at 25".

Visited by OS (RD) 16 April 1971

Raeberry Castle is sited on a narrow promontory of land jutting out to the sea to the W of the hill named Big Raeberry, which overlooks it. The castle itself probably stood at the seaward end of the promontory, where the ground rises into an oval stack, but little trace of it is now visible in the rank vegetation that blankets the interior. On the landward side, however, at least three ditches have been drawn across the neck of the promontory, the innermost tailored from a natural gully that flanks the N side of the stack. This forms a cutting about 15m broad and 4m deep, and a scatter of stones in cattle disturbance along its inner scarp is possibly the remains of a defensive wall. The outer ditches, which are separated by a rampart about 8m in thickness and 1m in height, are less imposing features, the inner of them 6m broad and 1.5m deep. The line of the outer is only marked by a scarp some 2m high where its outer lip has been cut back into the slope that drops into the neck of the promontory from the N. There is no trace of the original entrance, but a more recent trackway has been driven through the defences, crossing the innermost ditch on a rough causeway which may have been constructed to facilitate stone robbing from the walls of the castle. All that is now visible within the interior are a few shallow depressions and low mounds, perhaps marking the position of old excavation trenches.

(KTA02 Cool

Visited by RCAHMS (DCC) 14 August 2002"
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