"The King sends to Walter, Bishop of Chester, the Treasurer, Malcolm de Innerpeffrei, Knight, who at the time of this last 'riote' of the Scots was the King's Sheriff of Clackmannan and Auchterarder, but nevertheless was one of the first to join Sir Robert de Brus, and wickedly allotted the Earls of Menteth and Strathern in aiding said Robert; also fought against the King at the Battle of Seint Johan de Perth, and has done all the damage he could, commanding that he be secured in some strong castle, not in irons, but body for body."
"Whereon said Malcolm was at once delivered to the Constable of the Tower of London, on the 7th of December."
Another writ follows regarding Sir Malcolm's two horses, which the King permits him to make profit of at pleasure.[7]
We do not know the result of the proceedings against the Sheriff of Auchterarder, but as his two horses were restored to him, he seems to have been treated leniently. In regard to the Earl, we find that in November, 1306, he presented a memorial to the King and Council, showing that he was compelled to join Sir Robert de Brus through fear of his life.
The Castle and Barony of Auchterarder appear to have been Crown possessions until the reign of Robert the Bruce, when they became the property of Sir William de Montfichet or Montifex, appointed Justiciar of Scotland in 1332. The family was of Norman extraction. They had possessions in England, and a branch for some time settled in Scotland, Robert Montfichet being a witness to a charter of William the Lion in 1184. In Robertson's Index of Ancient Charters there occurs an old official inventory, compiled, apparently, about the close of the sixteenth century, in which mention is made of a charter—"Wilhelmo de Montefixo of the lands of Auchterarder with the town duty." Sir William Montfichet or de Montifex had large possessions, being not only proprietor of the Barony of Auchterarder, but of Cargill and Kincardine in Menteith, and other lands in Perthshire; and also of Kilmahew, in Dumbartonshire, and other lands. He had three daughters, who became his heirs-portioners. To his eldest daughter Marie he left the estates of Auchterarder, Cargill (or Stobhall), and Kincardine in Menteith. She married Sir John Drummond, the seventh Thane of Lennox. Sir John Drummond's eldest daughter was Annabella Drummond, Queen to Robert III. Our present Gracious Sovereign Queen Victoria is a lineal descendant of Marie Montifex of the Castle of Auchterarder.[8]
In the reign of David II. mention is made of the Burgh of Auchterarder in the account of the Great Chamberlain for 1366 as being in arrear of the contribution for payment of the King's ransom, being due the sum of thirty-one shillings.[8] In 1374, the Chamberlain debits himself with thirty-three shillings and fourpence received from the bailies of Auchterarder for contribution; and there are two different entries in the rolls of 1390, both relating to a debt owing by the Crown to the community of Auchterarder on account of certain services to the late King Robert II. There is also another entry in the Chamberlain Rolls, under date 1435, in which it appears that the services to the Crown had not been uplifted by the Chamberlain from the burgesses of Cromarty, Dingwall, and Ochterardor, because no Chamberlain aires had been held within those burghs at the time when the account was made up. Under date August, 1569, in the accounts of the High Treasurer there is an entry, where the "customaries of Ochterairder" are mentioned along with those of St. Andrews.
On 14th August, 1565, by Act of the Privy Council, in name of Henry and Mary, it was ordained "that lettres be direct to officiaris of armes chargeing thame to pas to the mercat croces of the Burrowis of Edinburgh, Hadingtoun, Linlythquow, Striviling, Clakmannane, Kinross, Uchterardour, Perth, Cowper, and all utheris places needful, and thair be oppin proclamation in thair Majesteis' name and autoritie to charge all and sindrie Earlis, Lordis, Baronis, frehalderis, landit men, and substantious gentilmen dwelland within the bundis (inter alia of the Stewartrie of Stratherne), with their houshaldis, honest friendis, and servandis weil bodin in feir of weir, and providit for xv. days after thair comin, to convene and meet the King and Quenis Majesteis at the places and upon the days respective efter following—that is to say, the inhabitantis of Stratherne to meit thair hieneises at Striviling Brig upon Sounday the xii. day of August instant."[10]
Not only is there thus evidence of Auchterarder being assessed in dues and exercising the privileges of a Royal Burgh, but, what is of more importance, as showing its burghal character, is, that there are three separate precepts of Parliament—in 1570, 1581, and 1600—summoning Commissioners to Parliament from the Burgh. No doubt the names of the Commissioners do not appear in the Rolls of Parliament, but that did not derogate from the right of the Burgh to send them; and the probable cause of their not having been sent, and of the infrequency of Auchterarder appearing in the public records, arose from its being completely inland, and without foreign trade, on which the great customs were levied, and consequently being one of what were called dry burghs. Owing to this, and being much exposed to predatory incursions, it had fallen into an unprosperous and decayed state, which would well account for the fact common enough to Royal Burghs of its not sending any Commissioners to Parliament.
This state of matters is quaintly described in the Act of Parliament of 30th November, 1581, entitled "Ratification of the Fair of Vchterardour," which had been obtained with a view to restore the prosperity of the burgh. The Act is in the following terms:—
"Oure Souerane Lord and three estaites of this p'nt Parliament, understanding that the burgh of Vchtirardour is of auld erectit in ane frie burgh regall, and that the samin is far distant fra the say portis, and hes not usit faires nor m'cat dayis; the samin is becum decayit, and the inhabitantis thereof pure sua that thai ar not abill to intertene the civill ordor of ane frie burgh, nor zit execute sic justice as thay micht in the cu'trie about being opressit dyvers tymes be broken men and lymmeris, quha makis incursiones, and hereis mony cu'trey men and manassies aftymes the inhabitantis of the said town and burgh; and thairfoir said Souerane Lord wt. auise foirsaid, for help of the comoun welth of the said burgh, and support of the inhabitantis thairof, hes given and grantit lyk as his heires wt. auise forsaidis, gevis and grantis license, fredome, and libertie to the provost, bailleis, inhabitantis, and communitie of the said burgh of Vchtirardour to hald zeirlie ane trie fair and m'cat day upoun the 25th day of November nix to cum, and to cotinew zeirlie thairefter in all tymes cu'ing, declarand expresslie be thir p'ntis that all or Souerane Lordis liegis may resort and repair thairto for bying and selling of all guidis and m'chendice thairintill, quhairby the policie of the said burgh may the better incres, and that the liegeis also may haif the better eisement and intertertenigment for decora'un of the realme; and ordainis l'res of publica'un to be direct hereupon in form as effeiris."