As the very sparse mentions of this surname in the
records do not permit anything like a satisfactory account of the family, it
has been thought convenient to make an opening with the last laird, of whom we
do know something.
In a charter by which Sir Robert Maxwell,
of Caerlaverock, who died about 1410, gave lands in West Pencaitland to
Dryburgh, one of the witnesses is Sir Henry Mundeuill, knight1. The date assigned to the charter is circa 1400,2 but it contains neither place nor date. Its local
nature is very distinctly marked by the list of witnesses, which with time and
patience might provide a more definite date. They are :William and Thomas,
abbots of Holywood and Sweetheart; Sirs John Herys, Humfrey Jardyn, Johanne
Stenh, Herbert Maxwell of Conheith, Henry Mundeuill, knights; Thomas
Durant, Gilbert Grereson, and James Cunyngham.
The name which I have here left in the
contracted form is so printed in the original source, the Register of
Dryburgh, but it has been expanded by Fraser in the Book of Carlaverock as
Johanne Stenhouse.3. But where, we ask, is
such a surname to be found? Certainly not at this period or in such setting. He
must he Sir John Stewart (Steuart) of Dalswinton, who is supposed to have gone
to France shortly after 31st October, 1418, to
help to stem the English invasion, and who died there.
The letter u, it may be pointed out, is easily
mistaken for n ; also there is a usual contraction for art or ert
which, in an imperfect manuscript, might be unrecognised, and taken for some
letter such as h.
It is probable that Sir Henry was alive in 1437, in
which year a complaint reached the papal court that " Henry Mandeville,
lord of the Place of Tinwald, its patron by ancient custom, had presented to
the rectory of Tinwald, one Robert Stott, priest, before he had obtained the
lordship of Tinwald. "4
When Sir Henry died he appears to have left four
daughters. These were
1. Margaret, who was married to Edward Maxwell, second
son of Herbert, first Lord Maxwell. These spouses were the progenitors of the
(first) Maxwells of Tinwald and of the Maxwells of Monteith in Wigtownshire,
baronets from 1681.
z. Janet, apparently dead by 4th March, 1454/5, at
which date she is referred to as "sometime spouse of William of
Hepburn," may have been a daughter. Nothing more is known of these
spouses.
3. Hawyse Munduyle, named at the same date. She was
grandmother of Robert Boyd of Arneil, one of the Boyds of Kilmarnock, better
known to us as of Duncow.
4. Elizabeth, referred to as deceased in an Exchequer
Roll entry of 1455, brings the number of names to four. This number seems to
account for the frequent references to quarters of the heritage in
dispute. Elizabeth is mentioned in a papal letter of 1468 (see later).
By the date at which we
have arrived (1455) it was no uncommon occurrence for the civil courts of the
nation to usurp the privileges of the ecclesiastical authorities, and give
contrary judgments. This seems to have happened in the contest which arose over
the succession to Sir Henry. Margaret was declared heir by the civil authority
at Dumfries, to all the four quarters of
Tinwald ; Elizabeth, on the other hand, was declared by the church, whose
prerogative it was to give supreme judgment on a question of that nature, to be
a legitimate daughter and entitled to her share of the heritage.
From various sources (to be specified presently) we
learn that the lands of Sir Henry included Tinwald, the Temple land of
Dalgarnock, and Monreith. The Temple land of Dalgarnock is the modern Templand,
now in the combined parish of Closeburn and Dalgarnock. The Temple land of
Closeburn, later known as Culfaddock, lay between Closeburn church and the
Limekilns.
It is now the place to detail the relative documents.
On 4th March, 1454/5 a local assize which assembled at
Drumfries settled the succession to Sir Henry, and gave, or at least ordered.,
sasine to be given to 'Margaret in all the four quarters of the lands in
dispute. Our authority is an abridg(:d summary of an original writ which was
presented to the Society of Antiquaries of Scotland by Robert Riddell of
Glenriddell. It is unusual in form, being a combination of a retour and letters
of sasine - a device which was perhaps only possible because an officer of
state, the King's justice, was on the spot. The summary also deserves
reproduction because of its quaint and colloquial use of the vernacular.
First, however, it
should be mentioned that there was some sort of sasine given to Margaret six
years before the date of the inquest. The entry, a mere minute, runs:
"1448 Sasine of Margaret Mondeveill in the lands of Tynwald,
Drumfries."5 Perhaps it is
this sasine which is referred to in the account of the proceedings at Dumfries
which we now reproduce.
4 March 1454/5 Letters
of Sasine under the seal of Laurence lord Abirnethy in Rothimay justice to the
king on south half of the water of Forth - narrating that on Tuesday 4 March
1454/5 before him " there compeared Margaret Munduyle dochtir of sumtyme
Henry Munduyel lorde of Tynwalde and lord of the Tempilland of Dalgernow with
hir forespekare Thomas the Grahame of the Thor–nuke," who on her behalf
" askit at the said justice quhat he had done or gert do upon the
executione of twa brevis that scho had present til him of beforetyme of the twa
quartaris " (of the said lands) " liand within the schirefdome of
Drumfrese, of the quhilk twa brevis the tane was de inorte antecessoris and
agane Williame of Hepburne be resone of sumtyme Jonet his spous, upon a quartar
" (of the said lands), " and the tothir breve was richtsa a breve of morte
antecessoris and agane Hawyis Munduyle, upon ane othir quartare " of
the said lands : " The quhilk justice ansuerit and said at he had direct
twa precepts to the schiref of Drumfrese to summond or ger summond the said
Williame and Hawys and askit at the schiref quhat he had done thareto; and than
the said schiref ansuerit and said that he had chargit the kingis serjand David
Haliday to execute the said preceptis eftir the tenor of thaim, the quhilk
execution the said David previt in court lachfully made be him, and the said
Thomas the Grahame askit the said justice to ger the said twa brevis be red in
court and to procede to the recognitione of ane assise : The quhilk brevis
beand red, the said justice chosit ane assise of the personis underwritten,
that is to, say–Johnne the Menzies of the Enach, William Grerson, George of
Kirkpatrik, Aymare of Gledstanys, Tassy [Eustace] of Maxwell of Collynhath,
Florides of klurray, Robert Makbraare, Robert of Johnstone, Robert Munduyle,
Simon Litil, James of Kirkhalch, Gilbert Makmath, William Portare, Gilcriste
Grerson. Thomas Fergusson, William Boyle, Cuthbert Molmerson, George Neleson,
Johnne the Menzies of Achinsel, Malcome Magilhauche, Johne Steuart, Davy
Steuart, George Were, Donald Huntare and William Maxwell
The quhilk assise, the
grete aith sworne, and the avaymentis and the resones of the party herd, passit
oute of court and thai riply and sadly avysit, at thare incuming in courte
agane, concorduntly pronuncit thare veredict be the mouth of Johnne the Menzeis
of the Enach sayand "–that Henry Munduyell, father of Margaret there
present, died vest and seized as of fee of the two quarters of the said lands,
that she was his nearest and lawful heir in the four quarters of said lands,
and that the said four quarters " war wrangwisly haldyn fra hir be the
foresaid William and Hawys, and at thare was na lachful cause to let the said
Margarete til obtene sesine and possessione of the said foure quartaris,"
that sesin should be given to her accordingly as her father had " that day
he was quyk and dede, outakand the landis, annual rentis and the doweris of
wemen outane in the said brevis ; and than the said justice, at the instance of
the said Margaret, in jugexnent sittand gave heretable possession and state to
the said Mergarete of the foresaid " (lands) " eftir the tenor and
veredict of the said assise and dome of court, and chargit the schiref to ger
give hir siclik possession and sesin apon the grond of the said landis."
Done in the tolbooth of
the burgh of Drumfres in presence of–Thomas, abbot of the monastery of Holywood,
John, master of Maxwel, Amer of Maxwel of Kirk. conal, sir Robert Broky, vicar
of Kirkmaquho, Thomas Thomson, notary public, John Litil and James Mateland.
Attested by Alexander de Foulis, clerk, of the diocese of St Andrews notary
public.–Proc. Soc. Antiq. Scot. 41.31,; (r 906–07 ).
Two months later Margaret, wife of Edward Maxwell, was
seised 8 May 1455 in the fourth part (only) of Tinwald the sheriff's
sergeant, David Haliday, giving her earth and stone at " the chief
messuage called The Mote beside the church of Tinwald." Thomas
Grame of Thornyhuk, who had been her forespekare (advocate), was there, and
Roger Kirkpatrick of Dargavel, Robert Munduel and AndrewCharteris.6
It v,as likely that the Maxwells would have a good
representation on the assize of 4th March, 1454,/5, and Edward Maxwell, the
person most interested, was a grandson of a daughter of Dalswinton. One of the
assize was " John Steuart," his name being spelt in the extant document
exactly as I have suggested under the date " circa 1400." It is
likely that this John, was the second son of the earlier Sir John Stewart,
already mentioned, and so he who became about this time " the first
provest that was in the cite of Glasgu." It was perhaps he who brought in
to the assize " sir " Thomas Broky, vicar of Kirkmaquho, who was
present at the court. Another Broky (Robert) acted as notary at the seisin of
8th May following.
It is to be noted that, although Margaret was awardej
(by the assize of 4th March, i454/S) the four quarters of Tinwald, she took
seisin in only a fourth part. It would therefore seem that one or both of the
other claimants had some right which they succeeded in establishing.
At some date which cannot now be recovered the right
of Elizabeth to succeed' was challenged by one David Boswell, «,ho himself
claimed a share, and impugned the legitimacy of Elizabeth. At what date the
case began we cannot till, but the final decision is contained in a papal
letter of 7th March, 1:168. " Petition of Elizabeth, woman of the diocese
of Dunkeld, daughter and heiress of the late Henry Mundeville, lord of
Muroiffe. David.Boswell, layman of the diocese of St Andrews, falsely alleging.
that Elizabeth was not born of lawful marriage, claimed her lands as his by
hereditary right. Silence was imposed upon David several years ago. The pope
now approves the sentence. "7
It may be conjectured that.David Boswell of the
diocese of St. Andrews was David Boswell of Balmuto, Fife.
It is probable that Hawyse Mundeville married a Boyd,
for after the lapse of nearly forty years Robert Boyd of Arneil, by a deed
dated at Tinwald ist November, 1483, renounced in favour of Edward Maxwell of
Tinwald and Herbert, his son and heir apparent, all right which he had in the
lands of Tinwald, the Temple land of Dalgarnock, and others.8
Two months later Boyd's fourth.part of Monreith passed
in a similar way to the Maxwells. On the 16th January, 1483/4, Robert Boyd of
Arneil was himself infefted in h–Iurethe, " formerly possessed by his
grandmother, Hawysia Mundwell," and he, ten days later, gave; at Durisdeer,
a precept for infefting Edward Maxwell of Tinwald in the fourth part of the
lands and barony of Murethe in the sheriffdom of Wigtown. Sasine was done at
Ballingray, the principal messuage of Murethe, the 31st January, 1483/4.9
No doubt the Maxwells acquired the other fourths in a
similar way. At the date 7th December, 1481. a fourth of the lands and barony
of Mureth was in the hands of Thomas Cunyngham, son of Alexander Cunyngham of
Aikhede (Aiket, Ayrshire), who that day resigned them in favour of Allan
Cunyngham, son and heir apparent of the said Alexander.a On i 5th January a royal charter granted the fourth
part and the chief messuage of Ballingrene to . Edward Maxell of Tinwald, which
lands Allan and his father had resigned. This was an acquisition by purchase.
Allan had formerly given the fourth to Thomas and his wife, Elena Krick, by
charter dated at Irvine 17th July, 1479.b
The paragraph in the Scots Peerage which
professes to show the connection of the Boyds of Portincross (Ardneil) with the
main family of Boyd of Kilmarnock (and of Duncow) is unsatisfactory and leaves
the problem unsettled. The following is all the information I have been able to
collect as to the Arneil branch.
By a charter dated.2nd February, 1471 /2, Robert Boyd,
son of the late Alexander Boyd, was granted the to merk lands of Ernele in the
bailivate of Cunningham, which his grandfather, Robert Boyd, had resigned.c The grandfather and his spouse, Elizabeth, were
alive, for the charter reserved liferent to the one and terce to the other.
There can be little doubt that Robert, the grandson, is identical with Robert
of 1484, whose grandmother was Hawysia Mundwell (see above). But is she to be
identified with Elizabeth, the wife of Robert Boyd, the grandfather? This
cannot be affirmed. Reason has already been given for thinking that Hawysia had
a sister, Elizabeth. The name Hawysia cannot, therefore, be regarded as an
alternative form of the name Elizabeth.
Ardneil lies just north of Portencross, and south of
Largs. It seems odd that one and the same person should appear in Ayrshire as
" of Tinwald," and in Dumfries as " of Arneil " ; but this
appears to apply to Robert Boyd, the grandfather.
When Thomas Tervas became abbot of Paisley (about
144S) " he fand all the kirkis in lordis handis." One Robert Boyd of
Tinwald was iri possession of a lease of the fruits of the church of Largs
(near Ardneil) and refused to disgorge.
Abbot Thomas first
obtained a verdict, 23rd April, 1.1.19, against a nobleman, Robert Boyd of
Tinwald, esquire, which declared that the six years' lease of the fruits of the
church of Largs which was to terminate at 1st May, 1450, was valid; all other
grants were invalid. Next the abbot invoked the secular arm and procured a
royal letter to be addressed to Robert (of Tinwald) : " We are informit
yhe adres yhow to be at the kirk of Largys on Friday nixtocum, with a multitude
of our lieges in feyre of were, in hurtyn and scaith of our devout oratours,
the abbot and convent of Passelay, brekyn of our crya and offens of our
Majestie." (Orders him to desist.) " Given under our Privy Seal at
Edinburgh 24 April 1450. "d
The laird of Ardneil seems to have taken the royal
warning obediently. At least we see him in the tent of the Lord Chancellor
Crichton at Corhead (near Moffat) when King James, 18th July, 1452, re–granted
the barony of Kilmaurs to Alexander Cunningham. The king was on his way to
beard the Douglas in his den (Laing Charters, 134.)
A word may be said about the subsequent history of the
Mundeville lands. In the first place the Temple lands of Dalgarnock were given 30th
May, 1542, to William Maxwell of Blairbuie (in lylochrum parish, like
Monreith). He was second son of Herbert Maxwell, the " heir apparent
" of 1483 (see above).e
Tinwald and Monreith remained a united property till
1526, when Edward Maxwell of Tinwald left two daughters as heiresses, and Lord
Maxwell purchased the ward and the marriages.f Elizabeth, by a family arrangement, was given the
lands of Tinwald, and she was married to her cousin, Edward, son of William
Maxwell of Blairbuie. Margaret, the elder sister, became lady of Monreith. She
also was married to a cousin of the name of Maxwell, " Master Herbert
Maxwell." The ceremony was performed at Tinwald church in August, 1541, by
" sir " John Blak, rector of the parish.g
The sheriff of Dumfries (of Nithsdale, that is to say)
who gave sasine to Margaret in 1455 was Sir Robert Crichton of Sanquhar, who
seems to have held that office from 6th November, 1452, in succession to Thomas
Kirkpatrick of Closeburn. It is natural to look for further notice of the lands
in the only account of his which hits survived - that covering the two years,
16th July, 1454, to 1st October, 1456. The curious fact appears from the
account that both Margaret, spouse of Edward Maxwell, and Elizabeth, are
described as quondam, i.e., deceased at the date 1st October, 1456. The
quarter of Tinwald belonging to the late Margaret had been in ward for a long
time, going back to the time of Thomas Kirkpatrick. All the entries are rather
difficult to
understand.h
Other sporadic notices of the family of Nluiidcville
are lacking in interest, as they do not throw any !ight on their early connection
with Tinwald or Monreith. The church of Channelkirk, the parish immediately
north of Lauder, was an old foundation which was granted by Hugh de bforville
of Lauderdale to the Abbey of Dryburgh in the twelfth century. At some much
later date Henry de tMundevilla set up a chapel at Glengelt, by which the old
church of the monks was found to be prejudiced. Accordingly Henry gave to
Dryburgh, by way of compensation, three acres of land " in my territory of
Glengelt near those seven acres which they hold by gift of Node Vetere Ponte,
my ancestor in the same territory." Thus Henry derived possession from one
of the Viponts, a very ancient family who died out shortly after the tinge of
Bruce. One No de Vetere Ponte held Sorby in Wigtownshire under
the lords of Galloway. This was in the time of William the Lion. No gave
the church of Sorbie to Dryburgh, and Roland, lord of Galloway (who died in
1200), confirmed tho gift. Another connection of the Mundevilles with
Wigtownshire is suggested by a jotting of a charter to Fergus de Mundavilia of
half of Stranrever (no date).i
Henry de Mundeville was one of those Scots who
wereincluded in a summons to join the expedition which was being taken to
France in 7297 by King Edward I. \'o information is given as to his place
except that it was south of the Forth. In August of the previous year (1296)
John de Mundeville, parson of Moffat, swore fealty to the same English king.
Sir Henry de Moundeville, a knight, and John de \,,Ioundeville, an esquire,
were in 1377 in the English garrison of Berwicl,. John must have forsaken his
English allegiance, for John .Nlounville (the nearest approach yet seen to the
form Mundell) was in 7336 one of those who had forfeited a burgage in
Dumfries.
In the same account (of Eustace Maxwell, English
sheriff) there is an indication that the barony of Tinwald had been granted by
the English king to one Peter de Middleton. He died on or before 2oth October,
7335, and, his heir being a minor, the barony was in the hands of the English
sheriff. Its service consisted in a payment of ios castle ward to the castle of
Dumfries, but in peace its value was zos.j
No more than a mere mention is here possible of Simon
de Mundavilla (Latin form), who was priest of Kirkmahoe from 74o6 till his
death at the Roman court in 7409. He was a typical example of the wandering
scholar. \\'e know that he was a nephew of Matthew Glendinning, bishop of
Glasgow, and so he was probably of the family of Glendonwine of that ill., an
Eskdale family. He describes himself as of noble birth.
We leave the priest and pass to an example of the
extreme Presbyterian; we leave the name of Mundeville and find it shortened to
Mundell.
Mundeville of Tinwald and Mundell in Tinwald by A.
CAMERON SMITH
I
have been unable, up till now, to locate a coat of arms that had been granted
to any member of the Mundell family.
However,
it appears that there has been, for according to a message posted on 4 July 2002
to the Mundel Family Genealogy Forum at Ancestry.com, Chris Mundell notes:
“I
have recently come across a Mundell Coat of Arms, the only difference from
previous research is that the crest shows an arm holding a spear rather than a
"Broken Globe"
I
would be interested in any other information on the subject. The motto being
"Strike"
My family origins go back to the late 1700's, located in and around Stirling in
Scotland - the family then emigrated to South Africa in 1820.”
Prepared by Bob
Dalrymple, PO Box 122, Dapto, NSW Australia 2350
eMail: bob@relativelyyours.com