The peerage of Scotland: containing an historical and genealogical account of the nobility of that Kingdom. ... By George Crawfurd, Esq;.

MACKDUFF, Thane, afterward Earl of Fyfe.

A Thane in Ancient Times, is thought by the learned Spel|man and Selden, to have been the King's principal Minister in a Pro|vince, no doubt invested with a Power of Administration of Justice, to which certain honourary Priviledges were annexed. 'Tis thought it was not at the first Institution, properly a Title of Dignity, but of Service. They were of two kinds, either such as served the King in greater Places of Emi|nency, who were called Thani Ma|jores, or Thani Regis, as the Thanes of Fife, Caithness, Argyle, and Murray were, these that served under them were termed Thani Minores: But when the Title of Comes and Dux be|came Hereditary (so the Learned are of Opinion) the Title and Privi|leges of Thani Majores did descend with the Lands from Fathers to their Children, tho the lesser did not, yet they still retained the old Name of Thanes and Thanedoms, as the Ba|ronies of Boyn in Ba••ff shire and Cal|der in Murray, &c. are called to this Time: And perhaps the Difference betwixt the two consisted in this, That the greater Thanes derived their Power and Authority immediately from the King, and held them of the Crown in capite, for Knights Service, which by a certain Constitution made them Hereditary, and were of the same kind with them that after|ward came to be Parliamentary Ba|rons. The lesser Thanes, had only Commissions from them, and were held in the ordinary way for Services done, and to be done. All our Hi|stories do agree, that Mackduff, former|ly Thane, was created Earl of Fyfe, by King Malcolme Canmore, Anno 1057d 1.1, and that in Consideration of his ex|traordinary Services to that Prince, in assisting him to revenge his Fa|ther's Death upon Mackbeth, and to recover his Crown, for which he gave him and his Heirs these great and noble Privileges,

I. That his Posterity should have the Honour to place the succeeding Kings in the Chair of State, at their Coronations.

II. That they should lead the Van of the Royal Armies.

III. That, if any within the 9th. Degree in Relation to his Family, should be guilty of the unpremeditat|ed Slaughter or casual Homicide of a Gentleman, he should pay twenty four Merks of Silver, and but twelve if a Plebeian, for Expiation of the Crime; flying to a Sanctuary near Newburgh in Fyfe, on the Confines of Strathern: Which was much the same Privilege granted to Mackduff's Kin|dred, as the Cities of Refuge were to the Isralites, Joshua 20. At the Place of Girth, there was an high Cross erected, containing an Inscription of old Macaronick Verses, a Mixture of Latin, Saxon, Danish, and old French Words, to this Purpose,

Maldraradum dragos, Mairia, laghstita, Larges, Spaland•• spados, five nig fig knighthite gnares Lothea lendiscos laricingen lairia lisc•••• Et Colovurtes sic fit tibi bursia burtus Exitus, & bladadrum five lim five lam five la|brum Propter Magridin & hoc oblatum Accipe s•…•…eleridem super limthide lamthida la|brum.

This last Privilege was observed as long as the Family existed, and was claimed and enjoyed by severals with|in the Degree of Consanguinity to the Earls of Fife afterward. The learned Skeen, in his Verborum Significatione, re|marks, that Spence of W••rmistoun enjoy|ed this Benefit for the Slaughter of one Kinninmonth: Sir George Mackenzie mentions another, whereby Sir Hugh Abernethy was assoilzied for the Slaughter of John Melvil of Glenbervy: and I have seen an Instrument in the Year of God 1397, wherein Sir Alexan|der Murray of Abercarny did plead the Privileges of Clan Mackduff, for the Slaughter of one John Spalding, as standing in the ninth degree of Kin to the Earl of Fyfe.

To Mackduff Earl of Fyfe, succeed|ed Duffgan Comes, his Son, who is one of the Comites assenting to the Char|ter of Alexander I. to the Trinity-Church at Scoona 1.2, He left a Son Constantineb 1.3 Earl of Fyfe, who is one of the many Witnesses to King David's Charter to the Monastery of Dunfermling, Anno Dom. 1126. The next Earl to Constantine, was Gille|michel, who is Witness in the Foun|dation Charter of the Abby of Holy|rood-house, and dying 1139c 1.4, he was succeeded by Earl Duncan his Son, who is a frequent Witness in Charters by King David to religious Persons and Places; and dying 1154d 1.5, Duncan his Son was his Successor: He was Justiciary of Scotland in the time of King William, and a constant Witness in Donations by him to the Church, to which he also himself was a liberal Benefactor: For besides, his erecting the Nunnery of North-berwick; He gave many Donations to Church|men, which was then believed to be the most compendious way to save the Soul. He gave way to Fate in 1203e 1.6 leaving Malcolm his Son to inherit his Estate and Honour, who in the 1217 founded, and richly indowed the Abbacy of Culross in Perth-shire, in Honour of St. Servan the Confessorf 1.7; and departing this Life Anno Christi 1230g 1.8, his Estate devolved to Malcolm his Nephewh 1.9, who was Father of Colban Earl of Fyfe who died in 1270i 1.10 leaving Duncan his Son to succeed him. This Earl of Fyfe was elected on of the six Guardians of Scotland, upon the decease of Alex|ander III. in the 1286, and died be|fore the Accession of John Baliol to the Crown. Duncan Earl of Fyfe his Successor, was slain in the Service of his Country at the Battle of Falkirk, Anno 1298k 1.11; and to him succeeded Duncan his Son, who was killed at the Battle of Durham, Anno 1346; the Honour and Privileges of the Fa|mily devolving to Isabel his Daughter, who brought the Honour first to Sir William Ramsay Knight, her Husband, and afterwards to Sir Thomas Bisset,

but she having no Issue of her Body, resigned the Honour to Robert Earl of Montieth, her Brother-in-law, after|ward Duke of Albany. And so this noble Family was extinguished.

ARMS.

Or, a Lyon Rampant, Gules.

Notes

• d 1.1

  Balfour and other Scots Historians.
• a 1.2

  Sir James Dalrymple's Collections.
• b 1.3

  Sir Robert Sibald's History of Fife.
• c 1.4

  Ibidem.
• d 1.5

  Cron. de Melross.
• e 1.6

  Sir Robert Sibbald's History.
• f 1.7

  Cron. de Melross.
• g 1.8

  Ibidem.
• h 1.9

  Ibidem.
• i 1.10

  Balfour's Annals.
• k 1.11

  Sir Robert Sibbald's History of Fife.