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Dalmunzie 4
"Here lyes James Winter, who died in Peathaugh, Who fought most valiantly at ye. Water of Sailgh, Along wt. Ledenhendry who did command yt day, They vanquis the enemy and made them run away."
James, fourth son, with his brother Duncan, is a witness to sasine on his brother Lachlan's marriage contract in 1670. (IV.) John, eldest son of Robert, is styled "of Dalmunzie" in a bond to him by John Rattray of Tullochcurran dated 19 Jan. 1631, although apparently his father was alive at the time. His first appearance in record is as "apparent of Delmownghie " in his marriage contract, dated at Kirktown of Glenshee 18 Aug. 1664, with Margaret Macpherson, lawful sister Of John Macpherson. of Invereshie, head of one of the principal Macpherson families. Margaret's tocher is 2500 merks. Robert of Dalmunzie is cautioner for his son, whose younger brother Duncan is a witness to the signing of the contract at Ruthven in Badenoch, together with Donald Macpherson of Phoness, Thomas Macpherson younger in Killihuntly, and Alex. Farquharson of Inverey Beg (of the Brouchdearg family). Reg Deeds vol. 23.
John married for his second wife Margaret Farquharson, daughter of Donald Farquharson of Finegand (3rd son of William of Brouchdearg) by Barbara, daughter of Alexander Robertson of Straloch (Baron Reid). This marriage is recorded in the Brouchdearg MS., which is corroborated by an entry in the Forfar Sasine Register (vol. viii.), under date 17 Sept. 1687, of a sasine by Margaret Farquharson "widow of John Mackintosh of Dalmunzie and now spouse to Andrew Spalding of Drumfork," on a bond of provision to her by Spalding dated 7 Sept. 1632. Her second marriage bad taken place in May 1632. Alyth Par. Reg. John died some time between 19 Jan. 1681, when John Rattray of Tullochcurran gave him a bond for 100 merks (Reg. Deeds Mack. vol. 76), and May 1682, the date of his widow's re-marriage. By his first wife he left two sons Robert, his successor, and Duncan, described as " brother german to the said Robert " in a bond of 30 Jan. 1687 by the latter and a daughter Margaret, wife of Lachlan Macpherson, son of Muriach, brother of Donald Macpherson 1st of Nuid whose grandson became of Cluny in 1722. (V.)
ROBERT, the elder son, styled " of Invereddrie," in 1686 took sasine in the lands of Inveredrie, Dalmunzie, Little Leanach, enumerated in the charter of 1664 to his grandfather, on precept of clare constat by the Marquess of Atholl, and in the other half of Dalmunzie on a disposition by his uncle Duncan (who had acquired it in the preceding year) confirmed by a charter by the Marquess as superior.
His circumstances appear to have been somewhat embarrassed, for at the same time he granted heritable bonds to his uncles Lachlan and Duncan for money lent by them, while in 1692 he wadsetted the lands of Shanvel in Glentatnich to William Farquharson in Riedaroch in Glenbeg for 1300 merks, and in 1687 and 1695 he is recorded as borrowing on heritable bond sums amounting to 2000 merks from Alex. Mackintosh, portioner of Ennoch Easter, James Husband of Loaning, and Don. Mackintosh of Balloch of Forthar. Perth Sas. ix. 412 446 ; Reg. Deeds (Mack.) vols. 65, 80, 84.
Robert's wife was Grizel, eldest daughter of John Robertson of Bleaton, by whom he had one son, Lachlan. Grizel survived her husband and married 2ndly Robert, 4th son of John Robertson, 8th of Straloch, by Magdalen Farquharson daughter of Robert of Invercauld. Straloch MS. Genealogy. Robert's death took place in or soon after 1696. The precept by the Marquess of Atholl in favour of his son as heir is dated 16 Nov. 169[?], and sasine was taken upon it by Lachlan on 20 Jan. 1702 probably on attaining the age of fourteen years. The precept contains the curious and interesting restriction, usual however in Atholl charters at that time, that it should not be lawful for Lachlan or his heirs to dispone or assign the lands to any person or persons living on the east side of the Water of Rattray or on the west side of the Water of Lyon or upon the head of Rannoch without royal consent, and that he and his heirs should forfeit the lands if they prove inimical to the royal authority or state. Perth Sas. xiv. (7 Mar. 1702). (VI-) LACHLAN.
The influence of the "Tutor " and the recent marriage connection with the Straloch Robertsons seem to have had the effect of finally deciding the Whig and Presbyterian principles of the Dalmunzie family, and the young laird was brought up to the ministry of the Church of Scotland. After taking his degree in Arts at St Andrews University in May 1710, he was ordained minister of Dunning in 1716, and on a unanimous call was transferred to Errol in 1725 a previous call to that parish three years before having failed through the refusal of the Presbytery of Auchterarder to release him from Dunning. In 1734 he was one of a Commission of three appointed by the General Assembly of the Church to present to the King and Parliament an address praying relief from the " evils of patronage and the forcible intrusion of ministers against the wish of the majority " without appreciable result, however, as the evils complained of were not removed until nearly a century and a half later and until the Church had been rent in twain at the Disruption.
In 1736 Lachlan was chosen Moderator of the General Assembly, and according to his grandson his services in this capacity were so highly esteemed by his brethren that he was pressed to hold chair for a second term, but declined. In 1717 he released his lands of Cuthill from the burden upon them by paying off the sum borrowed from his granduncle. The discharge by Lachlan Mackintosh, Collector of H..M. Customs at Perth, dated at Perth 5 Dec. 1717, narrates that the " now deceased Robert M. of Dalmunzie, my nephew, by his heritable bond dated 30 June 1686 obliged himself and his heirs to infeft and seaze the said Lachlan M. and the now deceased Janet Ogilvy his spouse and their children . . . in an annual rent off, 30 Scots or thereabout in security of the principal sum of $500 upliftable from his lands of Cuthill, and obliged himself to pay the full $500 at the term immediately following the death of the deceased Robert 3rd of Dalmunzie his grandfather and my father, or upon requistisition "from which it would appear that Robert 3rd of Dalmunzie was still alive in 1636, although as already observed his son John was styled "of Dalmunzie " in 1681. The discharge, by Lachlan the Collector for himself and his children, is in favour of " Mr. Lachian M. now of Dalmunzie, minister of the Gospel at Doyning, only son and heir of the said deceased Robert M., who has paid the sum of $500 with interest. "Perth Sas. xviii. In 1727 Lachlan took sasine in Dalreach and Easter and Wester Balgown on charter under the Great Seal, and in l744 he obtained from the Duke of Atholl a disposition of the teinds of Dalmunzie.
The superiority of the Dalmunzie lands, as well as of other lands in Glenbeg, had been sold by the Duke to John Farquharson of Invercauld in 1732. The Rev. Lachlan Mackintosh died on the 14th of May 1744. A tablet to his memory was placed by his eldest son in the church of Errol, but appears to have been lost when the old church was demolished in 1820. His testament, dated 11 May 1744, was confirmed in the St. Andrews Registry on 4 July 1755. In this he appoints his eldest son, John, executor and assignee to numerous bonds in his favour, and leaves to him all his lands and movables except such plenishing as was secured to his spouse, Margaret Anderson, subject to payment of all debts, of his widow's liferent and other provisions under her marriage contract, and of the sums due to his other surviving children, Robert and Jean, and to the latter's husband, under their bonds of provision.
He was twice married. His first wife, Margaret Murray, was daughter of the Rev. John Murray, minister of Trinity Gask, a parish. adjoining Dunning, and grand-daughter of Bishop Freebairn of Edinburgh. By her he had five sons and five daughters, of whom only two sons and one daughter appear to have survived him. The record of this marriage does not appear in the Parish Register of Trinity Gask, as perhaps it should, but that Register is blank for a considerable period about the time when the marriage must have taken place. I have also been Unable to trace the baptism of Jean, the surviving daughter, wife of the Rev. John Ballingall, but as she was a married woman when her father died it is probable that she was the eldest of the family.
Of the others the Dunning Parish Register records the baptisms of John (3 July 1717), Margaret (24 Aug. 1718), Robert (20 March 1720), Isabell (4 July 1721), Elizabeth (23 Dec. 1722), and Mary (18 June 1724)-all of whom seem to have died young; and in the Errol Register are found the baptisms of the two surviving sons, John (17 July 1726) and Robert (6 Aug. 1727), and of Bathia (20 Oct. 1728) and Lachlan (23 Oct. 1730), both of whom died young.
The Rev. Lachlan's second marriage took place at Edinburgh 21 [ ] 1736 to Margaret Anderson, widow of the Rev. Laurence Watson of St. Andrews, who survived him for twenty-six years. Her testament was confirmed 2 April 1770 at St. Andrews.
Robert, the second surviving son, born in 1727, after studying at the University of Leyden was called to the Scottish Bar in 1751, and almost immediately achieved distinction by his services as junior counsel for the defence in the famous trial, immortalised by R. L. Stevenson in " Catriona ", of James Stewart of Acharn for being accessory to the supposed ! murder of Colin Campbell of Glenure, the Government factor on the forfeited estate of Ardshiel. The trial, which took place at Inverary in September 1752 before a violently prejudiced judge, the Lord Justice General Argyll himself, and a packed jury of whom eleven (out of a total of fifteen) were Campbells, is historic and is mentioned here only on account of the part taken in it by Robert Mackintosh, whose speech, full of eloquence and ability, though perhaps not without a tincture of bitterness and severity from the speaker's belief in the unfairness and prejudice of the court, was the means of bringing him at once into considerable practice as an advocate as well as into the knowledge of some of the leading men of his time. Before long he was in a fair way towards achieving a name and position in politics as well as in the law; but unfortunately his splendid abilities were nullified by his peculiar temperament. Tenacious of his own opinions and methods, impatient of control or opposition, ever prone to attack what seemed to him to savour of injustice or incompetence, he made enemies of some of the most powerful men in his own profession, while his impulsive and quixotic disposition led him to undertake the most herculean tasks, usually without any regard to his own advantage or even convenience.
For more on Robert see the Robert Mackintosh page of this site
To continue the history go on to Dalmunzie 5