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nerio et messuagio infra dictas terras de Thom nunc Barnisdaile vocato, cum domibus, pomariis,” &c. This seisin is dated 11th March 1513. 5. In like manner, after the death of the last mentioned Alexander Napier at Pinkie, his son and heir, Archibald, was infeft in his paternal baronies. The same expressions occur in his seisin; acetiam cum dimedietate omnium terrarum de Ruskye, cum messuagio, manerio, dimedietate lacus,” &c. “ de dimedietate terrarum de Thome, et dimedietate terrarum de tribus Lanerrykis &c., cum manerio et messuagio infra dictas terras de Thom nunc Barnisdaill vocato, cum domibus, pomariis,” &c. This seisin is dated 8th November 1548, twelve years prior to the date of the act of transference pointed out by Mr Riddell, and which, obviously, was some futile attempt to rear up against the above-mentioned Archibald an alleged contract and decree dated in the year 1485, and contrary to the alleged terms of which the principal messuages of the Rusky estates had been thus possessed by Elizabeth Menteith and four of her lineal male successors. 6. That this attempt did not succeed is manifest from the fact, that John Napier, the Inventor of Logarithms, against whose father the process of transference was directed, obtains upon the occasion of his marriage a charter of the fee of his paternal baronies, and in that charter the same messuages are enumerated; “dimedietate omnium terrarum de Rusky, cum mansione, manerie loco, dimedietate lacus,” &c. “dimedietate terrarum de Thome, dimedietate terrarum de trie Lanerikis, &c. cum mansione, manerie et loco infra dictas terras de Thome,” &c. The philosopher's marriage settlements are dated in the years 1572 and 1573.
I am not aware that any charter of the family of Gleneagles, relative to these estates, can be produced, in which any mention is made of the messuages or mansions of Rusky and Thom. The charter under the Great Seal of the erection of the barony of Haldane is dated 29th January 1508, and in that the Gleneagles half of the lands in question are thus described; totam et integrant dimedietatem terrarum de Rusky cum manerio" &c. but without any mention of messuages or mansions; maneria frequently occurs in the Gleneagles' charter, but never messuagium, except in a clause of erection to be immediately noticed.
There is another distinction between the respective clauses of these charters of barony, not observed by Mr Riddell, but which is of some importance in the present consideration. In the Gleneagles charter, as would appear from the phrases used, it was necessary to insert an express clause ordaining the mains of that portion of Rusky to become the principal messuage of the new barony. The words are, " ac volumus et ordinamus manerium de Rusky principale fore messuagium ejusdem baronie, et quod unica sasina apud dictum manerium, &c. erit sufficiens pro tota et Integra predicta baronie." On the other hand, in the contemporary charter erecting Elizabeth Menteith's portion into the barony of Edinbelly, messuagium having been continually enumerated as well as manerium, there is no clause ordaining the constitution of a messuagium. The clause regarding the seisins of the barony is simply in these terms, " ac volumus quod unica sasina capienda per dictum Archibaldum et heredes suos apud dictum messuagium" &c. shall suffice for the whole barony.
Here it may be proper to offer a few remarks with respect to the relative meaning of the terms messuagium et manerium.
The learned author of the Tracts is somewhat perplexed by the fact, that in the Merchiston share of Rusky both messuagium and manerium are enumerated, while manerium is also mentioned in the Gleneagles portion, but not messuagium. He first broaches the theory, "That although anciently the eldest coheir had an undoubted right to the chief messuage, yet the notion was entertained that she should make some compensation for it to the younger coheir, and in this way the property of the manerium, which with us only meant the land contiguous to the mansion-house, and had not the extensive signification as in England, may have devolved upon Agnes."* No sooner is this uttered, however, than our ingenious antiquary destroys his own theory by recurring to the fact, " That, by a charter to Sir Alexander Napier of Merchiston, dated 21st June 1512, he has not only the half of Rusky cum messuagio, but also the manor;" and he adds, " This, however, might be explained by the observation of Skene, that the ' principal maines (manerium) suld not he divided, but should remain with (a man's) aire and successoure without divisioune, together with the principal messuage, and full satisfaction should be made to his wife or relict therefore furth of the second mainnes or utherwise.'" But this very explanation shows that Mr Riddell's definition of manerium, as meaning with us " only the land contiguous to the mansion-house," is not to be relied upon. It is singular, too, that the same author in another publication, makes it include the mansion-house. In his
* Tracts, p. 98.
"Reply to the misstatements of Dr Hamilton of Bardowie," speaking of the manerium of Dalserf in 1381, he observes, " Manerium with us in later times comprised, besides the principal messuage, the terrce dominicales, which were not inconsiderable, and allotted to the support of the baron and his retainers." It is thus not easy to reconcile the definition of manerium in the Tracts, with that to be gathered from the dispute with Bardowie; nor to extract from either an elucidation of the relative meaning of the terms as used in the charters we are considering.
There seems to be no doubt that the term manerium was used in England to express, sometimes the principal messuage of a barony, or caput baroniee, and sometimes the whole estate or barony. Nor can it be said that in Scotland manerium has invariably been used in a sense subordinate to the caput barotiice. Long before the date alluded to in the Reply to Bardowie, both in the reign of Robert I. and David II., capitale manerium was sometimes used in the sense of capitale messuagium. But it is equally undeniable that in Scotland messuagium generally obtained, in reference to the feudal customs and privileges of a barony, a signification distinct from manerium. Skene, in his glossary, defines the latter term as the mains, or domestic farm of the barony, and adds, that if a man leave " twa mains," the principal one should go undivided to his successour, " togidder with the principal messuage." This is confirmed and illustrated by the respective charters of Gleneagles and Merchiston, where the terms are contrasted, and where messuagium is obviously used as the mansion par excellence. Not, however, that manerium, in these charters at least, " only meant lands contiguous to the mansion-house." These home farms seem to have comic
prised a place or steading of their own, for in the Merchiston charters there are enumerated, messuagio, manerie* et loco, &c. and in the charter of the barony of Haldane, the manerium is ordained to become in future principule messuagium dicte baroniee.
Messuagium,on the other hand,—which Skene defines "an principal dwelling-place or house within arte baronie,"—always had that determined signification, nor is there any instance, that I am aware of, where messuagium is ordained principale fore manerium.
Upon the whole, then, there appears little difficulty in the interpretation of the respective charters of Merchiston and Gleneagles. In the former, the half of the lands of Rusky, &c. with the principal messuages or mansions, and certain mains, or domestic farms (probably the principal) are enumerated. In the latter, the other half of the lands of Rusky, &c. with their mains, are enumerated; but this, the inferior portion of the Menteith baronies, had lost the dignity of messuages, and only acquired it again when re-erected into the barony of Haldane.
But this illustration of the distinction in question has become of minor importance since the evidence afforded by the act of transference produced by Mr Riddell. For whether the above antiquarian considerations be accu
* Maneria-w, manerium-ii, or maneriesei, three forms of this semi-barbarous, or low-Latin term, is thus denned by Vossius in his treatise de Vitiis Sermonis et variis Glossematis. "Maneria vel manerium habitatio cum certa agri portione." In the Merchiston charters the phrase sometimes is cum messuagio et manerio, and sometimes, cum messuagio, manerie et loco; this is from maneries, for in the same charter there occurs cum castris, turribus, fortaliciis, maneriebus, &c. This occurs in the charter of barony to John Napier in 1572, referred to in the text