fact for Merchiston, and giving more than its due weight to the inference for Gleneagles arising out of the fragment discovered in the records of session. I shall therefore proceed to show, that there can be no question that Elizabeth Menteith was by right of inheritance in possession of the messuages or mansions of the Rusky estates, that she transmitted them to her son, from whom they passed in lineal male descent to the Inventor of Logarithms. 1. Archibald Napier obtained a charter under the Great Seal, dated 23d October 1507, of half of the lands of Rusky, half of the lands of Thom, half of the lands of the three Lanarkynis, half of the lands of Cowlach, called Sauchinthom, with all the pertinents and privileges thereof. This charter proceeds upon the resignation of those lands by his mother into the hands of the King, who confers them by this new charter upon Archibald, and incorporates with them in the same charter the lands of Cailzemuck, with the fishings in the water of Teth and lake of Gudy (stagno de Gudy,) which latter property pertained to Archibald himself as heir of his father the late John Naper of Merchamstoun. In all the repetitions of the lands of Rusky, &c. enumerated in the deeds connected with this transaction, the messuages are named, mansionibus omnium dictarum terrarum;" all which lands, mansions, fishings, woods, &c. it is declared, belonged by right of inheritance to Elizabeth Menteith, 66 66 cum fuerunt dicte Elizabeth hereditarie ;" and were resigned by her in the King's hands to be given to Archi bald Naper "heredi apparenti Elizabeth Menteith Domina de Rusky, matris sue." This connects the messuages, possessed by the family of Merchiston in the Menteith, with the inheritance of Elizabeth Lady of Rusky. 2. Two years after this, Archibald Naper obtained another charter, upon his own resignation, of the Lennox and Menteith estates, to be incorporated into one free barony. The charter is dated 21st May 1509, and seisin followed thereon 3d December 1509. In these deeds the messuages are still more particularly mentioned in all the repetitions of the Rusky estates; dimedietatem terrarum de Rusky cum messuagio, dimedietate lacuum, &c.—dimedietatem terrarum de Thom,-dimedietatem terrarum de tribus Lanerkynnis-cum manerio et messuagio infra dictas terras de Thom nunc vocato Barnysdale per dictum Archibaldum et matrem suam de novo edificato." This also proves that Elizabeth Menteith had been in possession of the messuages, and that that lady and her son had rebuilt or repaired the ancient messuage of the lands of Thom. 3. Another charter of the barony, in favour of Alexander, son and heir of Archibald Naper, dated 21st June 1512, in like manner describes the lands and pertinents; "dimedietate omnium terrarum de Rusky cum messuagio, manerio, dimedietate lacus, &c.-dimedietate terrarum de Thom,-dimedietate terrarum de tribus Lanerkynnis, &c.cum manerio et messuagio infra dictas terras de Thom nunc Barnysdale vocato per dictum Archibaldum et quondam Elizebetham Menteith matrem suam de novo edificato; cum domibus, pomeriis, lie outsettis et pertinentiis.” 4. After the death of Sir Alexander Napier at Flodden, his son and heir, Alexander, was infeft in the barony of Edinbelly, and in his seisin there is the same enumeration of messuages, &c. " de dimedietate omnium terrarum de Rusky cum messuagio, manerio, dimedietate lacus," &c." de dimedietate terrarum de Thom, de dimedietate terrarum de tribus Lanerkynnis, &c. cum ma 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; ac etiam 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 integram 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. 66 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 be 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 66 * Tracts, p. 98. 66 |