Sketch VIII

THE WIDOW AND YOUNGER CHILDREN

OF PATRICK GRAEME

THIRD GREAT BARON

OF INCHBRAKIE AND ABERUTHVEN

It will be remember that Patrick, our third Laird, married twice, and died in 1635.

So far as it known his second wife, Margaret Scott, (heiress of Monzie) Lady Carnock, widow of Drummond of Carnock, survived him, and was the mother of one son only, by Patrick of Inchbrakie – James by name, on whom his father and elder brother, George Graeme, settled the Barony of Monzie, a purchase made by the third Laird from his stepson, Drummond of Carnock.

Particulars regarding previous owners of this Barony and its sale fifty years later will be found in the sketch of the Baronies of Monzie, Bucklivie, Pitcairns and Orchill.

It is, therefore, of Patrick’s younger children by his first wife, Nicholas Browne of Fordell, that we treat. They had been left motherless early in their lives, and the fate of two at least of the three daughters was anything but a happy one.

A younger son John is mentioned in the pedigrees of the family; so far I have not been able to trace him, but must hesitate to say on that account he had not existed, as I have rarely found that there has not been some authority for the mention in these early pedigrees of a younger child, and we shall therefore take his existence as granted until it is disproved.

Of Nicholas Browne’s three daughters, two stand out with some prominence and decision in their after life.

The third remains almost as vague a personage as her brother John. She is given in marriage to two lairds – McNab of that Ilk and Robertson of Lude. It is most probable that she married both these gentlemen, as at this date the hazards of life were greater, and men dying early, their widows became speedily united to a second, often a third, husband, and she thus became the wife of the owners of two of the most ancient Highland Baronies – the McNabs springing from the secular Abbots of the Monastery of St Fillans, Loch Earn, Perthshire, and the Robertsons of Lude being a branch of the Robertsons of Struan, a somewhat powerful clan in those days, and remarkable for their constant loyalty, both in the Montrose troubles and the Jacobite period.

We, however, touch but lightly on the families whose alliance with Inchbrakie’s daughter we cannot more distinctly trace, and shall now treat more fully of those whom we are certain became the sons-in-law of our third Laird.

Annas Graeme, Patrick’s second daughter, married Edward Toscheach of Monzievaird, a property long since absorbed into the more prosperous rent roll of the Murrays of Ochtertyre, whose fifth laird had married Nicholas Graeme, the grand aunt of Annas.

Marian Graeme, Patrick’s eldest daughter, became the wife of James Oliphant of Newton, the son of Sir William, Senator of the College of Justice.

Both these girls seem to have been most unfortunate in their choice of husbands, or, more properly speaking, in the husbands chosen for them. It may be that their father Patrick (a somewhat ambitious man) thought more of the position than the disposition of the men he chose as his sons-in-law; any way, for the first time so far, I must record in the actions of the subjects of these sketches, unrestrained temper, lawlessness and strife which must have brought bitter sorrow to the hearts of their wives and mothers, Inchbrakie’s daughters.

"The power of Life and Death," such was the meaning of the name Annas Graeme was to bear.

Alas! How helpless it would be to give life to her dearest was only too surely to be proved to her.

The Tocheachs were one of the oldest of the chiefs or thanes of the Highlands, and bore the power of pit and gallows, a power which caused them to be a terror in their districts did the succession fall on a man who was not blessed with a clear judicial mind and find tact and temper.

Of the line of McIntosh, the special branch with which we are concerned claimed a direct descent from the Macduff, calling themselves from their kinsman the Clan Mackintosh; they had moved as far south as the very gates of the Highlands when establishing themselves.

In Glenturret, at the beginning of this century, were removed the last traces of the old Keep, which had once been their home; and their baronies included besides Monzievaird those of Monzie and Pittenzie – a residence at Balmuick then called Fordie being also allotted to them.

The field to the east of the present mansion of Ochtertyre marks the spot of one of their many dwellings, bearing to this day the name "Tam an Toisich," meaning hose or "Castle of the Toscheach," and the wooded hill known to all dwellers in Strathearn as Tam-a-chastel is stated to have been the scene of an execution the first day of each month by order of the Toscheach just for practice when holding his periodical Court, hence the Gaelic proverb:

McIntosh does not hold a Court every day."

The first Toscheach we meet on 9^th May 1516 is Finlay, to whom a retour of service is made "expede at Skath of Crefe."

Two years later on the 21^st May 1516, Andro Toscheach pays 6s.8d. for the issue of a letter of summons on Lord Drummond for "Ye violence committet upone Andro." So the ire of the Drummond has clashed with the Celt! At this period Andro Toscheach held the appointment of Lyon King at Arms.

Again we meet Andro now styled Andro of Monzie, and with him is David of Monzievaird, the Sheriff of Perth; they are witnesses to a service of retour to William Murray of Tullibardine as heir to his grandfather on April 8^th, 1530.

In July 1535 Andro is selling to John Drummond of Innerpeffray and Margaret Stewart, his wife, the lands of Dalpatrick and Kepnaclamze, the witnesses to this charter are Maxtown of Cultoquey, Drummond of Borland, etc.

We meet him for the last time seven years later, witnessing a sasine (again for William Murray of Tullibardine), on the 7^th December and the previous month (November) a sasine had been given at Trewin of the lands of Trewin with lake and isle of Drylie, fishings, tower and "fortalice thereof crossing thence to lands of Octhtertyre.

And surely this must refer to the Loch Monzievaird (now in Ochtertyre) and its island, on which still stands the ruin of the "Fortalice," a companion to Castle Cluggie on the north side of the loch, which is mentioned in Patrick Murray’s charter of the lands of Ochtertyre in 1467, and described in those days as an "Ancient Fortalice," when he, the youngest of David Murray of Tullibardine’s seventeen stalwart sons, founds the family (now a baronetcy) of the Murrays of Ochtertyre.

And then David, Andro’s son, comes forward, this time on marriage vows intent, and to no other than the daughter of Lady Nicholas Graeme, Janet Moray of Abercairny, granddaughter of the first Earl of Montrose, and niece of our first Laird of Inchbrakie.

On February 9^th David Toscheach of Monzievaird, "qua pro singulari amore," grants lands to Jonete Murray, daughter of "John Murray of Abircarny," in ejus virginitate in vatali redditer (?) and there is a reverse charter on her part.

A Toscheach two years previously perhaps a younger brother of David’s, settles lands called the Law of Culcrief on his wife, Helen Edmonstone.

David is appointed this year Curator to a certain Isobel Reidheuch, who presents a petition to Queen Mary as eldest heir female of all the lands (amongst others) of Thomperroum, lying in Strathearn, against certain others who are claiming these lands.

A confirmation this year, under the great Seal by an Alexander Toscheach of Monzievaird, styled in it son of Andro and Joney Murray, his mother, spouse to said Andro, of lands to Thome Toscheach, brother German to the said Andro; the witnesses are Robert Murray Abercairny (Joneta’s brother) and Quintgerno Graham of Rotthernes (Orchill).

In 1581 Andro Toscheach of Monzie gives a bond to the Campbells of Glenurchy, when Colin Campbell, son of Archibald, marries Margaret Toscheach, daughter of Andro and Elizabeth his wife, August 23^rd and part of the lands of Monzie are settled on Margaret.

We now come to the first mention of Annas Graeme's husband.  On the 4th of May 1586 he is in Perth, signing away some of his lands named Pittenzie to Duncan Toscheach.   Edward had been a husband before his marriage with Annas Graeme, as a law-suit brought by the daughter of his first marriage proves.

The suit is in consequence of the proposal of settling a charter on Duncan Toscheach, the would-be purchaser of the lands of Pittenzie.  Jane, and another, lawful daughters of Edward of Monzievaird, with their grandfather, John Campbell of Lawers, sue Edward, claiming the whole of the estate of Pittenzie as a " condition made in long time past," at the time of Edward's marriage with their mother, Marion Campbell, daughter of the said John, their grandfather ; and Edward is now being
pursuaded, notwithstanding that he had full knowledge of this, to make a charter of Tailzie of his whole lands to Duncan the late purchaser, and now Baron of Pittenzie.

The decision is remitted to the Court, but we never hear what it is; apparently the plea was faulty.
Edward Toscheach's first wife had therefore been daughter of Beatrice Campbell, half sister to the second Laird of Inchbrakie, whose mother it will be remembered married for the second time the sixth Laird of Glenurchy.

Patrick, Lord Drummond and the Commendator of Incheffray, his brother German, determine to make a bond of friendship with each other, and we meet two friends on its pages as witnesses, George Drummond of Balloch (Beatrice Graeme's father-in-law) and Andrew Toscheach of Monzievaird,
in 1583.

The seventh Laird of Glenurchy (half brother of the Beatrice Campbell, who marrying Sir John Campbell of Lawers thus became Edward Toscheach's mother-in-law) is making purchase of many lands in Monzie about 1599 for the Gleib land he gives 3000 Merks to one Laurence Graeme, and from Andro Toscheach he buys that eastern quarter of Monzie for 4000 merks, bestowing it on his fifth son, Archibald, that quarter which pertained to the Campbells all through, notwithstanding the many sales and purchases of the other three-quarters by the Scotts, the Drummonds, the Graemes, until the Campbells finally obtained possession of the whole four quarters.

Andro of Monzie is in goodly company up at Glenurchy these years, for the usual weekly gatherings are going on; one is held at Finlairg, and with Andro, the laird and leddy welcome the auld and young laird of Lawers, and the Laird M`Knabb; the next year he meets there Lord and Lady
Madertie, the Lord Justice and their suite, his own son-in-law being also among the company.

Duncan Toscheach, the new Baron of Pittenzie, visits Kincardine on 3rd
June 1595, entering into a bond of Man rent with John, Earl of
Montrose.

About the 4th April this year we meet Edward when he must have been about to become Annas Graeme's husband ; indeed, we think he must have already been so, else surely Patrick Graeme would hardly have given Annas to the care of a man, whose record onwards is to be found principally in the Law Courts mostly as an aggressor.

One kindly and peaceful act occurs at the above date, when he stands surety for Donald Menteyth (who, however, seems to have been a somewhat turbulent person) of Turquhoun, in 300 merks, that Donald will not do aught to harm Sir Duncan Campbell of Glenurchy in 1600.

Then by 1602 the husbands of aunt and niece are clashing, as in 1602 Edward Toscheach is pursued by Harrie Drummond of Balloch for not producing certain of his tenants and servants who had gone at night to the lands of Balloch Hardie (possibly the residence of the younger Ballochs),
and " brak up ane house and thriftuouselie straw furth," 300 ells of linen cloth.

All this linen was afterwards found in the house of a tenant of Edward's and in his presence, yet the matter "had not been brought to a conclusion," and now when John Graeme of Balgowan, as stepfather to Lady Balloch, appears in Court, expecting his charge to be met, Toscheach fails
to appear, and the Court pronounces him a rebel.

Edward had himself been robbed. Two years previously we find mention in a criminal case of some thieves who broke into a stable in the Canongate, Edinburgh, belonging to Toscheach of Monzievaird, and stole a horse he owned; so Annas' husband could ruffle it as a man about town
sometimes!

The shrift was short and sharp to a professional thief in these days, this one was hung and all his goods confiscated.

Edward is in trouble again, the Commendator of Incheffray sues him for rebellion.

Duncan Toscheach of Pittenzie is dead in 1605, and his son is retoured heir to him in the lands and Barony of Monzievaird, this probably owing to large sums of money due by Edward to the Laird of Pittenzie, for which the former's lands were deeply pledged.

Again Edward is in the grip of the law, May 20th, 1605, and this time more firmly than can be pleasant : for justice does not incline to letting him off with less than the full penalty ; so far, though sued on all sides, and even pronounced a rebel, he appears to have continued the even tenour of his way ; buying or pledging lands, living in Perthshire or in Edinburgh, going bail for such friends as he possessed, even marrying again, but now vengeance falls in the form of the minister at Comrie, Mr John Monteith, who, poor man, must have been hard put to, to exist without the debt he now claims, viz., œ100 and œ10 as expenses, two bolls of oatmeal and one boll of barley of the year 1600, together with the annual rent of the same "Victualls " for the years 1601-2 and 3.

This was not the first nor probably the second time of the debt being adjudicated to be paid, so the captain of the guard at Perth is instructed to apprehend Edward and inventor his goods for noncompearance.

Misfortunes never come singly. Close following on the Monteith action, Antown Maxtown, Burgess in Perth, issues a decree that Edward Toscheach has paid none of his debts, and the record ends with the words "apprehended": "and decree for inventoring his goods for the King's use."

There can be little doubt that his wealthy father-in-law, the Laird of Inchbrakie, must have stepped in over and over again, and paid the heavy fines for Annas' sake, thus saving the "goods" and keeping her home as well as house, for his daughter and her bairns. In 1610 the Laird of Pittenzie, who has apparently been holding most of the Toscheachs land in bond, sells Mekvene to David, son of Edward Toscheach, and his spouse, Agneta Graeme.

The man of business capacity in the family, George Graeme, the Bishop of Dunblane, with James Campbell of Lavers, puts his name as witness to this provision for his niece and her son, and there can be little doubt that the grandfather of young David backed it all.

Up to this point our sympathies have been vaguely roused for Agnes or Annas Graeme. Whether Edward was as careless a husband to her as he was spendthrift of lands and gier and honour, we do not know, but if he had any heart at all, it was surely to be stirred in this year of woe, when a heavy blow was to fall on his heir with the swiftness of a thunder bolt, and we dare scarcely picture the crushing grief of the poor mother.

Whatever may have been her cares and heartbreaks, her shattered girlish dreams, her hopeless womanhood, she must like other wives have found consolation in love and pride of her first-born.
We can see her as she stood that summer morning at the door of Tamna-Toisich, waiting to see her darling ride away in all the blitheness of his early manhood, feeling the conscious pride such admiration would arouse; however much, boy-like, he might belittle it in speech!

The 24th of June, one of the crowning summer days in our northern home, sunshine cresting with gold the many-coloured Grampians, playing amidst the foliage showing its first vivid freshness, sparkling in the loch lying down below them as they stood, and brightening the many figures
that would be about to watch the young laird and his retinue ride off to Perth and wish him God-speed.

And so they move away, the boy in front waving his cap to the mother and the bairns who are clustering round her, his servants David Malloch and David Campbell giving a last wink and smile to the admiring maids as they ride out of sight ; then the movement all dies out as one by one
they turn away to their allotted tasks, the children run away to play, and the mother, the poor mother, turns slowly into the house a happy smile lingering for the last time for many a day in her sad eyes.
And what of the three gay riders as chatting and laughing they wend their way by pass, and hill to their destination, Perth, making to enter by the Southgate; just as they reach it there is a sharp attack, a clashing of arms, a struggle. It is swiftly over, David Tossach lies dead, foully slain; one of his men appears to be dying; the other maimed for life, his right hand stricken off.

That the murder made a great sensation throughout the county is certain. Mercer's "Chronicle," the Denmylne MSS., Sir James Balfour's "Annals," all ring with it and with the names of those (high and low) who were mixed up with it, and with the continual arrests, trials, and petitions consequent
on it for six long years.


Shortly put the fact is best told in Mercer's "Chronicle" as follows "June 20, 1618. Upon Midsomer day at tua efternone Toschoch of Monivaird younger slaine in the south geit of Perth be Laurence Bruce younger of Cultmalundie his brother and divers thair associates ; the tua that was with Monivaird the ane deidly hurt bot deit not, the other his right hand clene streecken fra him.

"This done in ane moment of tyme all the commitares thair of escaped out of the town befoir any of the townis men heard of any sich thing."

And so ended the life of Annas' first-born; what the cause was that brought about so terrible a conclusion to the meeting at the Southgate that summer's day, we cannot tell. Was it premeditated murder? Surely not, no young fellows in the hey-day of their youth bearing names that gave
such records could wantonly have slain a companion thus. More likely evil passions were aroused on both sides by some untimely jest, some sudden jibe, and ere judgment and coolness gained the ascendency again, the deed was done in spite of Campbell's and Malloch's brave defence of
their young master.

The following gentlemen were all arrainged at different periods for "airt and pairt" in the attack.
Peter Blair, brother to Andro' Blair of Gairdrum ; Laurence Bruce, heir of Cultmalundie, and his brother Alexander; William Oliphant of Gask, and his brother Laurence (sons of Lilias Graeme these, and cousins to young Tosseach) ; Alexander Fleming of Moness, William Douglas of Annabroche, together with several other names principally of servants or attendants on these young squires.
Most of these from time to time either clear themselves or cease to be prosecuted, except the Bruces of Cultmalundie, on whom the whole brunt of the affair fell.

On July 18th the first " Court " or trial is held, another follows on the 29th of the same month in which Edward Toscheach, the father of the murdered boy makes his first and only appearance ; and at this trial the Bruces are "put to the horn" and pronounced rebels for not being able to find any bail.

Bishop George's name is mentioned here and there, so is Inchbrakies, showing that they are assisting and supporting Annas ; and on the 4th December, when William Stewart of the Mylne of Dalcrove is further accused of the murder, Edward Toscheach appears to be dead, for his wife is represented by a lawyer named Hew Campbell, who shows a letter from Annas, and a testimonial by Mr John Menteith, minister at Morzie, and another from David Drummond, minister at Crieff , proving that she is unable to personally represent her late son's case, in consequence of the birth of a child.

It is just likely that, careless, graceless as Edward seems to have been, the death of his boy, his long deferred heir only given him through his second marriage, has struck him in a tender spot, and he has succumbed under the blow, leaving his poor wife to the sorrow and woe of losing son and husband in one year.

On February 25th, 1620, David Malloch's evidence releases Stewart from all blame; and as far as Pitcairn's Criminal Records are concerned, the matter ends.

But not so in the homes of Monzievaird and Cultmalundie. All the spirit of revenge and feud in the Highland blood of the Toscheachs is aroused and bitter feelings are shown towards the Cultmaludies; so much so, that the Privy Council lay a report before the King, stating that their first attempt two years previously to reconcile the various relations and friends had failed, and that they had again called a diet of every relation, who all replied that they were unable to move in the matter because of the minority of Monzievaird, who therefore himself could take no action.

They further report that at the second diet Cultmalundie (elder) had offered to continue the payment of the "soume of 2000 crowns," also had shown the banishment of Alexander Bruce, his son, and George Tyrie, messenger, who were alleged to be the actual slayers of Monzievaird,ad at
the same time he was caused to make payment of "twa thousand pundis"  to David Malloch and Duncan Campbell, who had been diedlie hurt at the time of the murder.

The Privy Council then make a most touching report on the state of affairs. They say "this ffeade " has altogether "undone auld Cultmalundie"; his estate is wrecked and exhausted; he has become feeble in judgment and understanding by the sorrow this trouble has brought upon him, viz., the death of his wife, the exile of his sons and their friends for four years, during which two of these friends of "good rank and qualitie" have died.

"This being the effect of oure dealing in this bussyness," ends the report, "we have been entreated humbly to present the same to your Majestie's consideration." Dated at Halurudhouse xxj of Marche 1622, signed Al: Cancell: Mar. Melros. George Hay.

This latter had the result, at a final diet held 11th March 1623, of releasing William Oliphant (Gask) and others, and so this miserable matter ends; the relations of the murdered lad agreeing to all the
conditions owing to the fact of young Monzievaird's minority, and the tragedy closes, leaving a memory to the neighbourhood in the local saying :
"Aff hands is fair play,
Davie Malloch says nay,"
and an undying sorrow in many hearts.

Whether David Toscheach had been married and left an heir, David, or whether the little baby borne in December 1619 by Annas had been called David (as was then so often the case) in tender memory of her lost boy is uncertain; but in 1637 an Andrew Toscheach of Monzievaird is retoured
heir to his father David, just nineteen years after the murder, and another generation follows quickly, for a David succeeds this Andrew, his father, in 1668 in the lands of Monzievaird and forests of Glentarrat.

Gradually the Toscheachs parted from and lost their lands; most of them were absorbed into the estate of Ochtertyre, and when the last Toscheach emigrated to Carolina about 1735, the name that had "held the power of life and death" disappeared from Strathearn as landowners.


Our third laird's eldest daughter Marian does not seem to have fared much better in her married life or in the choice of a husband than her sister Annas had done, and the happy auspices under which she entered the family of Sir William Oliphant were soon sadly dissipated.

Her wedding-day has already been referred to in her father's life, the 28th December 1607, and there are receipts and papers concerning her Sir James marriage tocher of 7000 merks, a very handsome one at that date; these are discharged by Sir William Oliphant (at that time a Senator of the College of Justice) on his own behalf, and in them the bridegroom is styled Sir James Oliphant of Muirhouse.

There is a photograph showing arms on the keystone in stone. which crowned the hall door of Marian's new home ; the carving represents an impalement of the Oliphant and Graeme arms ; on the dexter (or right side) are the former with initials S. J. O. (standing for Sir James Oliphant), on the sinister (left side) D. M. G. (Dame Marian Graeme).

The stone has been built into a piece of masonry as shown and stands in Duplin woods, Perthshire.
Besides Newtown and Muirhouse in Perthshire, the Oliphants owned the Barony of Stradbrook and the Marrows near Edinburgh, and Sir William held the office of King's Advocate until 1626, he appears to have been an upright and honourable man; but as Grant says most unfortunate in his children.

His eldest son Sir James, Marian's husband, was a Lord of Session and must have resided for a great part of the year after his father's decease at the Edinburgh estates; there it is said in a passion of
indignation he shot his gardener dead with a hackbutt, and was therefore expelled from his high office.

This sorrow and disgrace would have been about as much as most women could have borne: but Marian Graeme was to suffer still more, for she was stabbed by her eldest boy James, while he was under the influence of drink, stabbed by a sword and in her own house, about 1641, that of
Newton afterwards known as Condie.

Poor bonnie, blythe young brides whose girlhood's home had been ruled by men, who kept the laws of society and country, how little they could have known of the evil fates before them, when as proud young wives they left Inchbrakie's walls!

We scarce know which of them bore the heaviest trial, but surely Marian when she received that awful blow from her son's hand, must have felt that Annas had the less bitter sorrow in seeing her boy borne back to her that mid-summer's day, a corpse!

James her son fled to Ireland to escape the penalty of his unfilial conduct. After his father's death proceedings were taken against him for his mother's murder by his cousin Patrick Oliphant who desired his estates!

Marian's second son William an advocate we are told lay long years in prison, when he finally sold his inheritance of Stradbroke to Sir Lewis Stewart.

In the Inchbrakie Papers lies an old bond by Mr James Oliphant in favour of his brothers and sisters, he is styled son of James Oliphant of Newton, to be infeft of the lands of Newtowne by resignation of John Oliphant of Bachiltown, out of which lands provision is to be made for "my brethren and sisters, to Nichola 1000 merks, to my sister Margeret 1000 merks" at her marriage, he is to pay all charges until they attain twenty-one years, but not until after the death of Sir James Oliphant and Dame Marione Graeme, Mr George Graham of Inchbrakie and Mr Laurence Oliphant "my uncle" are mentioned, the date is defaced.

So besides the boys, two daughters had been born to Dame Marian.

Thus we close the record of Patrick Graeme's daughters; prosperous as he had been in lands and life, he had failed in securing the future of his girls, and many a bitter moment it must have cost him to feel that perhaps it was the insight of motherhood that had been wanting in the choice of their husbands.

Of the marriages of his other daughter, to Finlay M'Nab of that ilk, and Robertson of Lude, we can speak with no certainty, and have only mentioned the supposed facts.

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