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Posted by dan on August 08, 19100 at 09:00:32:
here.s the translation for all ye campbells interested, i have photos that can be sent if you want to see the real deal thanks dan
Clare Constat from Archibald, 7th Earl of Argyll to John Campbell, Captain of
Dunoon.
Archibald, Earl of Argyll, Lord Campbell and Lorn etc. to our beloved Patrick
Campbell brother of John Campbell of Auchinbellin. To you and each of you,
conjunctly and severally, our bailies in that part, specially constitute, greeting,
because we, by our tutor testamentar, Mr Neil Campbell, Bishop of Argyll, likewise
our friends and council undersigned. It clearly appears to us (clare constat) by
authentic documents that the deceased Archibald Campbell, captain of Dunoon, father
of John Campbell captain of Dunoon, bearer of the presents, died last vest and
seised as of fee at the faith and peace of our present sovereign lord the King, in
all and whole of four merks of land of old extent of Involen with its pertinents
lying in our lordship of Cowall and in the sheriffdom of Argyll and that the said
John Campbell, captain of Dunoon is the legitimate and nearest heir of the said
deceased Archibald Campbell his father and is of lawful years. And the said land of
Involen (possibly Inellan, near Greenock), to the extent described above is held of
us in feu-ferme, wherefore we firmly bid and command you and each of you on sight of
these presents to hand over and confer without delay heritable, real corporal and
actual state, sasine and possession of all and whole the aforesaid four merk lands
of Involen and pertinents to the said John Campbell or his sure attorneys or
procurators by handing over of earth and stone, as the custom is, according to the
form and tenor of the original infeftment and that when the said John has delivered
this to you, you may deliver and justly give him possession [of the lands] without
delay and you are in no way to omit this, which to do I commit to you and each of
you my full and irrevocable power according to the presents here, in witness whereof
of the presents our own hand has subscribes and my seal is appended and the
signatures of my tutors and council and friends in sign of their consent and assent
to these premises. At Ross, the 26th of April, 1589, before these witnesses, John
Campbell feuar of Ardkinglas, Charles Campbell of Kilbryd, Neil Campbell of Blair,
John Glass Makneill, Duncan Mac Cawlyt and James Kincaid, notary public.
Argyll
Ardkinglas
Neill Campbell
Notes
This document is by Archibald Campbell, the 7th Earl, ‘Gilleasbuig Gruamach’ in
Gaelic (Archibald the Grim). He is under age and so is advised by his ‘tutor
testamentar’ ie. his guardian, Neil Campbell Bishop of Argyll, his ‘friends’ ie. his
relatives, and his council of senior members of the clan. This was to make sure that
a minor did not make any rash land transactions. This is a special document called a
‘clare constat’, in which the feudal lord of the lands involved acknowledges that it
is clear to him ‘clare constat’ that the person before him is the true heir of the
deceased landholder. The lord then orders his bailies (officials) to deliver over
the lands to the heir by the ancient ceremony of giving him a handful of earth and
stone from the lands - this is called ‘giving sasine’ ie. possession. The lands
involved are probably those of Inellan near Greenock. A merk was an old Scottish
unit of currency. ‘Four merks of land of old extent’ means that when the lands were
originally valued they were worth four merks - quite a substantial amount of land.
The heir is John Campbell, captain of Dunoon - which means that he was hereditary
keeper of Dunoon castle - a very important Campbell stronghold. The document
certifies that he is the rightful heir to his father and old enough to succeed to
the lands. ‘Infeftment’ is entering into a fief - ie. taking possession of lands
from the feudal lord.
The document was written at Ross on the 26th of April 1589. This was during the
reign of James VI of Scotland (the son of Mary Queen of Scots). The witnesses would
be chief clansmen. Neil Campbell (Latin - Nigello) is the Bishop of Argyll. The
notary (legal clerk) who wrote the document was James Kincaid. The signatures are
those of the Earl, the Bishop and the laird of Ardkinglas.
On the back is a note of what the document is ‘Precept of clare constat by Archibald
earl of Argyll for infefting John Campbell Captain of Dunoon in the lands of
Invellan as heir to Archibald his father 26 April 1589’.The seal is well preserved
and has the Campbell arms on it. Clockwise from the top it reads
S. Archibaldi Comitis Arg. [domino] Lorn (Seal of Archibald earl of Argyll and [lord
of] Lorn.).
The tag is difficult to read from the photo but begins :‘the last day of the month
of April 1589’ and gives a list of witnesses. It looks like the instrument of sasine
: the document which marked the final delivery of the lands to the heir.
A note about Gilleasbuig Gruamach
Archibald the 7th earl was known as the Grim for his ruthless oppression of his
enemies. He was the famous persecutor of the Macgregors who handed over their chief
to be hanged in Edinburgh. Having all but destroyed the Macgregors, he then turned
his attention to the Macdonalds, obtaining commissions from the crown to attack
them. He then surprised everyone by converting to Catholicism, fleeing abroad and
entering the service of the King of Spain. He eventually returned home and died in
London in 1638.