Malise Strathern

STRATHEARN

1. MALISE-

Sir Malise was suposed to have been a Celt and was a witness to the charter of Scone priory by Alexander I in 1114.(1) Malise was at the dedication to the church of Glasgow on 11 July 1136.(2)

Malise distinguished himself at the Battle of the Standard 22 Aug. 1138. King David I by the advice of his leaders decided to begin the attack with the men-at-arms and the archers, but the men of Galloway protested stating it was their right by ancient custom. It was noted that most of the men-at-arms were subjects of England who had joined David's forces. At this Malise said to the King "Whence arises this mighty confidence in these Normans? I wear no armour yet they who do will not advance beyond me this day." To this Alan de Percy replied "Earl, you boast of what you dare not perform." The King stopped the dispute and unwillingly yielded to the claims of the men of Galloway. Unfortunately, his bravery didn't hold the day against the well armed Normans and the Scots were defeated.

Earl Malise was last seen in the records on 14 June 1141 when he was a witness to a charter by King David at Perth.(3)

Issue-

  • 2I. FERQUHARD- m. before 1150 ETHEN, d. before Dec. 1170

    Ref:

    (1) Liber Ecclesie de Scon, Munimenta Vetustiora Monasterii Sancte Trinitatis et Sancti Michaelis de Scon- W. Smythe, Edinburgh, 1843- Vol. 1, p. 1
    (2) Early Scottish Charters- No. CIX, p. 348
    (3) Ibid- No. CXXXIV

    "The Scots Peerage"- Vol. VIII, pp. 239-40


    2I. FERQUHARD (MALISE 1)

    m. before 1150 ETHEN
    d. before Dec. 1170

    In 1158 King Malcolm IV wanted to obtain the honour of knighthood from Henry I of England so he went to Henry's court at Carlisle, but he refused to knight him. The next year Malcolm went to France and served under Henry I there and was subsequently knighted. The Scots were indignant at this subservience to Henry and were concerned that he would become a mere vassel of England. Ferquhard and five other Earls were bound to maintain the independence of the Kingdom and assaulted the tower in Perth where Malcolm had taken refuge, but they failed. At this point the clergy intervened and a reconciliation took place between the offended Earls and the young King.(1) Ferquhard witnessed a charter from Malcolm to the monastery of Scone in 1160 and in the next year he obtained a settlement in Moray when its rebellious people were removed to the other parts of the Kingdom. In the foundation charter of Inchaffray he was called Ferchard, Dei indulgentia comes de Stratheryn.

    Issue-

  • 3I. GILBERT- m.1. MATILDA de ALBINI, 2. Ysende of Gask, d.c.1223
  • II. Malise- m. Ada, d. of David, Earl of Huntingdon, d. before 1214
  • III. Christian- m. Walter Olifard

    Ref:

    (1) Johannis de Fordun- Vol. I, Liber VIII, chapter IV, p. 450

    "The Scots Peerage"- Vol. VIII, pp. 240-1


    3I. GILBERT (MALISE 1, FERQUHARD 2)

    m.1. MATILDA de ALBINI- d. of William de Albini and Matilda de Senlis
    2. Ysende of Gask- sister of Sir Richard and Geoffrey of Gask
    d.c.1223

    Gilbert is first found on record in 1164 as a witness to a charter from King Malcom confirming the foundation of Scone Abbey.(4)

    "William King of Scots makes known that he has given and confirmed to Earl Gilbert of Strathearn, Maderty with its Marches, and will all its just pertinents in wood and plains, lands and waters, meadows and pastures, moor and marshes, shoals and stanks, and all other just pertinents with "Sac and Soc, tale and treame and infangan there." To be held by him and his heirs of the King and his heirs, in fee and heritage, freely and fully by the service of one knight. Even so that neither the Earl nor his heirs should at any time make recogtion for the lands to Gilliecolm, Marischal, nor his heirs or any of his family, should they desire to raise an action in respect thereof against the Earl of his heirs, inasmuch as the aforesaid Gilliecolm transgressed the aforementioned laws by his felony for having surrendered the King's Castle of Heryn; and afterwards as a traitor gone over to his mortal enemy and joined with them in doing all in his power for the injury of the King.

    Swaine filia Thor, Ancestor of the Ruthvens
    William filia Thor, witness
    Earl David my brother
    Richard de Moreville, Constable
    Philip de Valoniis
    Alan, dapifer
    Walter Oliphant
    William Lindsay
    William Comyn
    Randolph de Soulis
    At Linlithgow, 1185"(2)

    Sir Gilbert and Matilda were the founders of Inchaffray monastery with the charter being confirmed by King William the Lion on 1200. The charter was witnessed by Robert de Quincy, Gilbert's brother Malise, Malise's son Duncan, and Gilbert's sons William, Ferthead and Robert.(8) His family alone had the right to appoint their own Bishop (of Dunblane).(1) The abbey was for Austin canons who replaced the Culdee brothers who had been living there prior to this time. He donated the church of St. Cathan in Aberruthven to Inchaffray for the souls of his father Ferthet and his mother Ethen in 1198.(3) In 1195 he donated Fowlis to Inchaffray, this charter was witnessed by Matilda and his son Gilbert.(5) In 1199 he donated the church of Madernin to Inchaffray. This charter was witnessed by his brother Malise, his wife Matilda, and his sons William, Ferthed, and Robert.(6)

    Gilbert divided his lands into three parts, giving one to the Bishopric of Dunblane, another third to the canons of Inchaffray and keeping the final third for himself and his children.(7)

    About 1221 Gilbert's wife Ysenda donated land in Abercharn to Inchaffray Abbey.(9) Robert, son of Earl Gilbert confirmed the possessions of Inchaffray Abbey by a charter dated to the same time.(10)

    Because of the nature of the last two charters it appears that Gilbert must have been incapacitated at this time and handed over his affairs to his wife and son. Gilbert was probably in his 70's, a great age for the time period.

    Issue-

  • I. Gilchrist- d. 5 Oct. 1198, bur. Inchaffray Abbey
  • II. William- d.s.p. before 1210
  • III. Ferchard- d.s.p. before 1210
  • 4IV. ROBERT- d. before 1244
  • V. Matilda- m. Malcolm, Earl of Fife
  • VI. Fergus- d.c. 1247
  • VII. Malise- received the lands of Kincardine from King William which were later given to his neice Annabella.
  • VIII. Gilchrist- d. after 1233
  • IX. Cecilia- m. Walter de Ruthven
  • X. Ethen- m. David de Haye

    Ref:

    (1) Royal Highness- Ancestry of the Royal Child- Sir Ian Moncrieffe, 1982- p. 23
    (2) The Ruthven Family Papers- Samuel Cowan, Simpkin,Marshall, Hamilton, Kent & Co., London, 1912- pp. 18-9 quoting the Charters of Inchaffray- 241
    (3) Liber Insule Missarum Abbacie de Inchaffray Registrum Vetus- Bannatyne Club, Edinburgh, 1847- Vol. III, p. 2
    (4) Liber Ecclesie de Scon, Munimenta Vetustiora Monasterii Sancte Trinitatis et Sancti Michaelis de Scon- W. Smythe, Edinburgh, 1843- Vol. 5, p. 5
    (5) Liber Insule Missarum Abbacie de Inchaffray Registrum Vetus- Bannatyne Club, Edinburgh, 1847- Vol. II, p. 1
    (6) Ibid- Vol. IV, p. 3
    (7) Extracta et Variis Cronicis Scocie- W.B. Turnbull, in "Ancient Manuscript in the Advocates Library at Edinburgh", Edinburgh, 1842- p. 84
    (8) Liber Insule Missarum Abbacie de Inchaffray Registrum Vetus- Bannatyne Club, Edinburgh, 1847- Vol. IX, p. 6
    (9) Ibid- Vol. XLVI, p. 40
    (10) Ibid- p. 41

    "The Scots Peerage"- Vol. VIII, pp. 241-2


    4I. ROBERT (MALISE 1, FERQUHARD 2, GILBERT 3)

    d. before 1244

    Robert, son of Earl Gilbert, confirmed donations of several churches to Inchaffray Abbey by a charted dated c.1220 and witnessed by his brothers Fergus, Malise and Gilbert and Malise's sons Duncan and Gilbert.(1) He again confirmed the grants to the abbey c.1223 and bound himself to never disturb the monks in their possessions.(2) Sir Robert witnessed a charter of Alexander II of the Earldom of Fife in 1225 and was one of the witnesses to the treaty with Henry II of England in 1237.(3)

    Issue-

  • I. Fergus-
  • 6II. MALISE- m.1. Marjory de Muschamp (d. between 12 Oct. 1251 and 20 Mar. 1255), 2. MATILDA of CAITHNESS, 3. Emma ______, 4. Mary of Argyll (m.1. Magnus, King of Man, 3. Sir Hugh Abernethy, 4. William FitzWarin, d.c.1303, bur. Grey Friars Church, London), d. before 23 Nov. 1271, bur. Dunblane
  • III. Gilbert- d. after 1268
  • IV. Hugh- d. after 12 Dec. 1257
  • 5V. ANNABELLA- m.1. John of Lestalrig (d. before 1260), 2. PATRICK GRAHAM(killed at the Battle of Dunbar 28 Apr. 1296), d. after 3 Sept. 1296
  • VI. Mary- m. Sir John de Johnstone

    Ref:

    (1) Liber Insule Missarum Abbacie de Inchaffray Registrum Vetus- Bannatyne Club, Edinburgh, 1847- Vol. XLI, p. 35
    (2) Ibid- Vol. XXVIII, p. 25
    (3) "Foedera"- Vol. I, p. 233

    "The Scots Peerage"- Vol. VIII, pp. 244-5


    6III. MALISE (MALISE 1, FERQUHARD 2, GILBERT 3, ROBERT 4)

    m.1. Marjory de Muschamp (d. between 12 Oct. 1251 and 20 Mar. 1255)
    2. MATILDA of CAITHNESS- d. of Gilbert, Earl of Caithness and Orkney
    3. Emma ______
    4. Mary of Argyll (m.1. Magnus, King of Man, 3. Sir Hugh Abernethy, 4. William FitzWarin, d.c.1303, bur. Grey Friars Church, London)
    d. before 23 Nov. 1271, bur. Dunblane

    In 1247 Malise confirmed the donations to Inchaffray Abbey.(1)

    Malise was very active in the government and during Alexander II's minority he joined the English party and was under the protection of Henry III 10 Aug. 1255. He was one of the guardians of the King and Queen Margaret appointed by the treaty of Roxburgh 20 Sept. 1251.(4)

    On 12 Dec. 1257 Malise granted the advowson of the church of Cortachy to Inchaffray Abbey and mentioned his wife Matilda, daughter of Gilbert, Earl of Caithness and Orkney.(3)

    In 1258 Malise donated a serf to Inchaffray Abbey.(2)

    In May 1259 he had a safe-conduct from the English to go abroad and had returned by the following year.(5)

    In 1266 Malise gave the monks of the abbey rights to obtain stone from the quarry at Nethergask and also granted them the rents from some of his lands.(6)

    Issue-first three children by Marjory, fourth child by Matilda, last child by either Matilda or Emma.

  • I. Muriel- m.1. William, Earl of Mar (d. before Jan. 1279), 2. James Stewart (divorced before 1291), d. 1291
  • II. Mary- m. Nicholas de Graham, Lord of Dalkeith, d. after 1314
  • III. Cecilia-
  • 7IV. MALISE- m. AGNES COMYN, d.c.1313, bur. Inchaffray Abbey
  • V. Robert- d. after 1306

    Ref:

    (1) Liber Insule Missarum Abbacie de Inchaffray Registrum Vetus- Bannatyne Club, Edinburgh, 1847- Vol. LXXVI, p. 66
    (2) Ibid- Vol. LXXXVII, p. 77
    (3) Ibid- Vol. LXXVI, p. 76
    (4) Cal. Doc. Scot.- Vol. I, No. 2013, 2229
    (5) Ibid- No. 2156
    (6) Charters of Inchaffray- No. 76-7, 86-8, 95-8

    "The Scots Peerage"- Vol. VIII, pp. 245-7


    7I. MALISE (MALISE 1, FERQUHARD 2, GILBERT 3, ROBERT 4, MALISE 5)

    m. AGNES COMYN- d. of Alexander Comyn, Earl of Buchan and Elizabeth de Quincy of Winchester
    d.c.1313, bur. Inchaffray Abbey

    Rochester Castle- W.H. Bartlett- 1828

    Malise was a guarantee of the marriage treaty between Princess Margaret with Eric, King of Norway in 1281 and was at the Parliament at Scone 5 Feb. 1284 when the Scots acknowledged Margaret of Norway as the heir of Alexander III.(1) Malise agreed to the marriage between Queen Margaret with Edward II, but she died on her way to Scotland. During the contest for the crown he was one of the nominees for John Baliol in 1292. Malise swore allegiance to Edward I at Stirling 12 July 1291 and was at Berwick 17 Nov. when the claim was decided in Baliol's favor. He was summoned to go with Edward I into Gascony 1 Sept. 1294 but was one of the Scottish army that invaded England in March 1296. However, he swore allegience to Edward again on 13 July 1296 at Stirling and on 28 Aug. at Berwick. Two of his sons were in Edward's service in 1297 and were probably hostages to guarantee their father's good behavior. On 1 Aug. 1297 Earl de Warenne wrote that Malise had taken Macduff, the earl of Fife's uncle, and his two sons, prisoner. Malise was in the favor of the Prince of Wales and in 1305 was Lieutenant of the Warden north of the Forth. On 25 Aug. 1306 he was bound to bring the sons of the Steward of Scotland as well as the Earl of Atholl as hostages to King Edward, however, Malise was imprisoned by the English at Rochester Castle in Nov. 1306 for his supposed submission to Robert the Bruce. The story goes that when Robert the Bruce became king he sent for Malise and required him to do homage, which he refused. King Robert and the Earl of Atholl marched to Foulis and Malise was obliged to meet the king who again demanded homage and Malise again refused saying stating that he did not desire to be as frail as glass, as he would be to break his fealty to King Edward. King Robert broke the safe-conduct and placed Malise under guard and he could not enter into the Priory Isle near Kenmore. They came to Inchamahome and Malise still would not give homage. Sir Robert Boyd told the king that he should confiscate his lands and cut off his head. Upon hearing this Malise did the reasonable thing and agreed to submit and they let him go. Malise stated that Robert the Bruce had deceived and coerced him. Malise continued to be imprisoned at Rochester Castle despite this explaination. In Jan. 1306/7 King Edward after hearing a petition from Malise's wife and son, ordered an inquiry to be made, however, nothing happend. In Nov. 1307 he was transferred to York and was met there by his wife and son. He was freed in Dec. 1308 providing that he live in England.(2) In Dec. 1310 and Apr. 1311 he received money and gifts from King Edward II.(3) He was supposedly captured by his son at Perth on 28 Jan. 1313, but died soon afterwards and was buried on the right side of the high altar at Inchaffray.

    Agnes was undoubtedly the Countess of Strathearn who was involved in the Soulis conspiracy in 1320. William Soulis was her nephew, son of Nicholas Soulis, one of the Competitors for the crown of Scotland in 1290 who married Margaret Comyn which would be enough reason for Agnes to be involved in trying to place him on the throne. For her involvement Agnes was imprisoned for life.(4)

    Issue-

  • 8I. MALISE- m.1. AGNES _____, 2. Johanna Menteith (m.2. John Campbell, Earl of Atholl, 3. Maurice Moray, Earl of Strathearn, 4. William Sutherland, Earl of Sutherland), d. before 1329
  • II. Matilda- m. contract 26 Apr. 1293, Robert de Tosny (d. before 28 Nov. 1309), d. after 1340
  • III. Gilbert- d. after 13 Aug. 1296, ? in Flanders
  • IV. Robert- d. after 17 July 1296

    Ref:

    (1) Acta Parl. Scot.- Vol. I, p. 423
    (2) Cal. Doc. Scot.- Vol. II, No. 1883; Vol. III, No. 22, 118
    (3) Ibid- Nos. 192, 208
    (4) Cal. Doc. Scot.- Vol. II, No. 870

    "The Scots Peerage"- Vol. VIII, pp. 247-9


    8I. MALISE (MALISE 1, FERQUHARD 2, GILBERT 3, ROBERT 4, MALISE 5, MALISE 6)

    m.1. AGNES _____
    2. Johanna Menteith (m.2. John Campbell, Earl of Atholl, 3. Maurice Moray, Earl of Strathearn, 4. William Sutherland, Earl of Sutherland), d. of Sir John Menteith
    d. before 1329

    In Nov. 1309 and Jan. 1309/0 Malise received gifts of wine and money from King Edward II.(1)

    Malise signed the Declaration of Arbroath, the letter to the Pope in 1320 which declared the independence of Scotland.

    Issue- both children by Agnes.

  • 9I. MALISE- m.1. MARY ______, 2. Matilda of Ross, killed at the Battle of Neville's Cross- 17 Oct. 1346
  • II. Mary- m. Sir John Moray of Drumsagard

    Ref:

    (1) Cal. Doc. Scot.- Vol. II, No. 1883

    "The Scotts Peerage"- Vol. VIII, pp. 251-2
    Douglas' Peerage- Vol. I, p. 293, Vol. II, pp 467, 559
    Historical Collections- Sir James Dalrymple- p. 376


    9I. MALISE (MALISE 1, FERQUHARD 2, GILBERT 3, ROBERT 4, MALISE 5, MALISE 6, MALISE 7)

    m.1. MARY ______
    2. Matilda of Ross- d. of Hugh, Earl of Ross and Matilda Bruce
    killed at the Battle of Neville's Cross- 17 Oct. 1346

    Malise succeeded his cousin Magnus as earl of Caithness and Orkney about 1325.

    In Feb. 1330/1 King Edward wrote to King David and to Malise, Earl of Strathearn and others (probably as members of the council), requesting the return of Scottish estates to certain noblemen.(2) In 1332 King Edward allowed Edward Baliol to march into Scotland with the disinherited knights to fight for their land. In letters from King Edward to Baliol and Henry Beaumont, Earl of Buchan, he talks of Malise as the late Earl of Strathearn and says that his earldom had been forfeited and bestowed by Edward Baliol with consent of the Council, upon John de Warenne, Earl of Surrey.(3) Because he resigned the earldom of Strathearn to Edward Baliol he was tried for treason in 1344, however, he was found innocent.(1) This was during King David's absence in France and Malise was arraigned before the High Steward as Lieutenant of the Kingdom because he had resigned his earldom to Baliol by reason of a contract between him and John, Earl of Warenne. Malise's estates were forfeited because Baliol was an enemy of King David II. The Earldom of Strathern was granted by David II to Malise's nephew Sir Maurice Moray of Drunsargard. Because of this on 28 May 1344 Malise transferred the care of his daughter Isabella to her uncle William, Earl of Ross and he described her as the heiress to the Earldom of Caithness. When Parliament met on 7 June 1344 he was again accused of giving his earldom to an enemy of the state. The Bishop and the Earl of Ross attended in Malise's behalf. Parliament found that even though he had been found not guilty of treason he had still given his earldom to Baliol and for that reason it would be subject to the King's pleasure.(4)

    Malise and the Earls of Ross and Sutherland were in command of the third division at the battle of Halidon Hill 19 July 1333.

    Issue-

  • I. Matilda- m. ____ de la Arde
  • II. Eupheme-
  • III. Agnes- m. Erngils
  • 10IV. ISABELLA- m. WILLIAM SINCLAIR

    Ref:

    (1) The Complete Peerage- Vol. XII/1, p. 386
    (2) Cal. Doc. Scot.- Vol. III, No. 1029
    (3) "Foedera"- Vol. II, p. 878
    (4) "The Scotts Peerage"- Vol. VIII, pp. 252-4


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