Chapter Eight
HIGHLAND FAMILIES
MACNIVEN OF PERTHSHIRE, INVERNESS AND ELGIN
In the valley of the Spey extending to the eastern boundary of Inverness lay the country of Badenoch, in the fourteenth century the possession of Clan Chattan. Here the Macnivens, a powerful family, were firmly established before 1300, possessing the old MacNaughton Castle of Dunachtan and owning fealty to Comyn, Earl of Badenoch.
By the marriage of the heiress of Clan Chattan to the son of the Thane of Fife, the clan lost their patrimony in Lochaber. The MacPhersons of Clan Chattan opposed the husband’s claim to Chieftainship, and were in consequence, driven to take refuge in Badenoch, the home of the Macnivens. Later, upon the restoration of Robert Bruce and the downfall of the Comyns (circa 1306), the chief of the Macphersons purchased the lands of Cluny lying west of the Macnivens, and came there to live. This alarmed and angered the Macnivens who lost no opportunity to insult and molest the Macphersons. A feud grew up between the two clans and lasted until the Macnivens were almost annihilated.
At Raitts, near the great road from Perth to Inverness, is "Unaimh mhoir", the Great Cave: and "erd" or earth house 70 feet long, built of enormous stones, in the shape of a horse shoe, and known locally as MacGillenaoimh’s or macniven’s cave.
The tradition of the cave is, that at one time the Chief of Macniven poinded Cluny’s cattle, and it being dangerous, because of the bad blood between the clans, for the men to come into contact, Cluny’s daughter was sent to redeem the cattle. The girl was brutally treated and sent home with her petticoats cut off. When the cattle were freed the bull’s tongue was first cut out which was in those days considered a direct challenge.
The macphersons were roused to the highest pitch and though inferior in numbers to the Macnivens, one of them called Peevish Sandy (Allaster Cant) collected 100 resolute men and in the dark of the night set upon the Macnivens with such vigor that by sunrise the next morning there were but eighteen male Macnivens alive in the Lordship of Badenoch.
Those eighteen hid in the woods of Raitts and escaping the vengeance of Peevish Sandy built secretly a cave under their house. Keeping a sharp lookout they eluded their enemies until discovered by a stratgem. Peevish Sandy, allowing his beard to grow to great length, came to the home of the Macnivens disguised as a beggar. He found but one woman in the house who was continually baking and putting bread into a press. The amount she contrived to put into so small a press astonished Sandy who watched her curiously.
He was kindly treated but lodging for the night was refused until pretending to be afflicted with gravel, he uttered such peircing shrieks that out of sheer pity he was allowed to lie by the fireside. Moaning with pain he feigned sleep and thus discovered the cave, for taken in with his pretence, the small press which covered the entrance to the cave was opened and the Macnivens came out, probably to raid the Macphersons cattle.
Early in the morning Sandy left to return a few days after with a strong band and behead every male Macniven upon the stump of a tree before their door.
The most singular circumstance connected with this affair is that every descendant of Peevish Sandy to this very day has been afflicted with gravel.
The story in the Frazer Macintosh Collection, called " legend prior to 1494 – Of the Clan Vurrich (Macpherson) and the Macnivens of Dunochton, once a powerful family in Badenoch." says: "It so happened that one of the McNiven’s sons, and of whom there were nine, had killed one of the clan Vurrich tribe in Badenoch, which so exasperated that clan that they determined to extirpate the Baron of Dunachton and his family. The Baron’s Clan from various disasters, became the weaker of the two, and in order to save himself and his sons from their enemies, they dug a deep cellar in their house as a place of refuge. The Laird’s daughters carried the gravel and stone from the hole in their aprons to the river Spey, distant about halv a mile, and continued this work in the night until the hole was completed. The Baron’s sons, who must have been strong stout fellowes, carried large gray flags from the neighboring rocks with which they covered the apartment." From here on the story is the same as the one given above.
"The barony of Dunachton, which of old belonged to the family of M’Niven, ended with the two heiresses, Isobel and Elizabeth M’Niven."
In 1497, Isobel married William, cousin of and afterwards Chief of Clan Mackintosh. Her career was short for tradition says she was drowned in Loch Insh by "wicked kinsfolk", and this only three weeks after her marriage.
The circumstances of William’s marriage and acquistion of Dunachton are somewhat curious. By an "Indenture, 23 September 1475, preserved at Gordon Castle, George, Earl of Huntly, as superior lord of the barony of Dunachton gives to "Lauchlin McKintoche the marriage of the airis of umquhile the Baron Maknevan that last decessit quhom God assolze, togidder with all and sindri the warde lands quhilk pertene to the said lorde be the decess of the said barone and rycht of warde, if Lauchlin will marry one of his sons to the heiress Macnevan." and "the said Lauchlane promytie will God to mary the said airis on his sonis procurit of his body be the avise and consell of the said lorde; and gif the said Lauchlane can be ony just wayis bryng al the said landis to ane of the said airis, and spouse her with his eldest sone, procurit betuix him and his spouse umquile Elisabeth of Calder, it sall be lefull to him and the forsaid lord to ressave thame as tennandis, and failzeand the said son procurit betuix the said Lauchlane and Elisabet of Caldor forsaid, to his secunde, threde, and ferde sons, or any ane of thame, ay and quhil the mariage with the said aire be complet as said is!"
On William’s marriage to Isabel Macniven he accordingly renewed in his own person the band given by his father; in this band he is styled, "son of umquhile Lachlane Mcanetosche of Galowye."
The lands did not however come into William’s hands without trouble. After his wife’s death, according to the Kinrara MS, he retained possession of them by the ‘law of courtesy’, but his sister-in-law, Elizabeth Macniven, perhaps vexed at not having been provided like her sister with a husband, opposed him and tried to procure his ejection. The matter ended by her transferring her right over the lands to Huntly, who sold it to Mackintosh, reserving to himself the superiority. William’s first appearance as "of Dunachton" is as a witness to a band, 10 March 1510, by Macdonald of Eilantyrum to Huntly, where he is syled "Wilyem Lauchlansone of Dunathane."
The family of Dunachton appears to have become extinct with the heiresses, Isobel and Elizabeth Macniven. But there were other branches in the Highlands, probably collateral, whose descendants lived in Perthshire, for instance in Comrie Parish, "The burying ground belongs to the old clans of the district, the Fergusons, M’Cullochs, M’Nivens, M’Growthers and Carmichaels." In the parish of Muthill in the vale of the earn the records show that families of Macniven lived for many generations.
Of those from the parish of Comrie, it is recorded that in March 1612, "a skirmish took place between the Earl of Perth at the head of a force composed partly of MacGregors, who had taken the name of Drummond, and a body of MacGregors at Tomzarloch. The Earl’s force was pardoned in 1614, and on a list of the men engaged Mr. McGregor has marked with a star those he considers McGregors." Among the names thus marked is William Macniven in Glenartney. And also under the Register of the Great Seal, 1614 A.D. William M’Newin in Glenartney is a member of a secret council.
The following absrtacts of Wills show several generations of Macnivens apparently closely related and all living within the two parishes, Comrie and Muthill.
The Testament &c of umquhile John McNevin in Dalcalachick in the parish of Comrie died December 1648. Sum of Inventary £837-13-4. No debts owing to the dead. Debts owing by defunct to, Alexander Burdoune his brogher-in-law, William McNiven his father, Patrick mcNiven his brother, to the Earl of Perth, to the clerk of St Johnstoun Sum ob debts £361-13-4. He leaves to Christian Burdoune, £240 to Janet McNiven his lawful daughter procreat betuixt him and Helen Drummond providing that she get the 600 merks that is in the hands of John Campbell then and in that case he ordains 45 merks that is in the hands of John Campbell then and in that case he ordains 45 merks to be taken of the said sum from the said Janet and to be given to Margaret Niven his natural daughter. He leaves to Patrick his brother the whole house with beds &c, to be used by him also the sums of money due by Duncan Burdoune in Cragneith and appoints him executor Confirmed 20 April 1665. Patrick Oig Drummond in Dublane is cautioner.
Patrick McNiven in Dalcalachick in the parish of Comrie died January 1674. Given up by Margaret Burdoun his spouse relict and executrix dative Inventary £104-10/- Debts due by him to, Mr. James Drummond of Cultmalundie, David Graham Funeral expenses - £280-13-4 Debts exceed goods. Confirmed 20 April 1676. Donald McNiven in Dalcalachick is witness.
Isobel McGuther in common with her husband Donald McNiven in Dalchlathick in the parish of Comrie who died September 1677 Given up by the said Donald her executor Inventary £146-6-8 No debts to the dead Debts by the dead to Earl of Perth, David Graham tutor of Gorthie, Katherin McNeiven, Margaret McNeiven, Donald Bain, Grisal Blair Sum od debts - £85-13-4 Confirmed 27 March 1679 Alexander McNeiven in Dalchlathick is cautioner.
Duncan McNiven at the Mill of Drummond in the parish of Muthill died in June 1709 Given up by Patrick McNiven in Dalchlathick brother german to the defunct and only Tutor in law to John and Margaret McNivens only lawful children and executors dative as nearest of kin to the defunct Inventary £160-3-4 Debts owing to the dead by James Lord Drummond; the Laird of Orchill, James Drummond late McGregor in Lagan Sum of Debts £772-13-4 Debts owing by the defunct to the Master of the ground for a piece of land called "Andersons Land", to William Sharp in Dalchirlay, Alexander Comrie of servants fees, Malcolm McInnes, Thomas Seche, Patrick McKeisick, Bettie Prestoune, Margaret McLaren and Margaret Neish, all servants, James Whyt in ovir Ardoch, John McRobbie, Andrew Gibson for wright work, to Blair Drummond, John Lawson merchant at Milne of Drummond, William McFarland brewer at Drummond, William Morison at Valeyend of Drummond, and John Miller milne wright Sum of debt - £453-13-8 Donald McNiven in Dalchathick is cautioner Confirmed 1 February 1711.
The Testament of umquhile Donald McNiven sometime in Feadetts thereafter in Down and lately after at miln of Drummond and Jean McNab his spouse in the parish of Muthill Given up by Patrick McNiven in Findoglen and John McNiven in Blemoar executors Inventary £28-4/- James Moir, writer in Dunblane is cautioner Confirmed 3 Sept 1723
The Testament of umquhile William McNiven in Dalclathick, parish of Comry who died January 1729 Given up by Donald McNiven at Miln of Drummond and Alexander McNiven at Dalchathick Uncles to and as being authorised to give up Inventary for Charles, Alison, Margaret, Anna and Elizabeth McNivens lawful children and executors dative to said defunct S Sum of Inventary 400 merks due to defunct by James [copy smudged here] writer in Muthill cautioner Confirmed 11 December 1729.
Umquhile Patrick McNiven in Dalclathick, parish of Comrie Given up by John McNiven in Dalness, the defunct’s son and only executor Debt due to the defunct by James Lord Drummond and Stobhall £300 merks scots Donald McNiven at Miln of Drummond cautioner Confirmed 6 February 1729.
Umquhile Elizabeth Governour relict of the deceased Donald McNiven in Balloch in the parish of Muthill Given up by Alexander Roy McNiven in Dalchlathick as Tutor to Patrick, John, Charles, and Mary McNivens children and executors dative decerned to the defunct In the Inventary following all mentioned Patrick Governour son to John Governour in Balloch, which Patrick is brother german to the said umquhile Elizabeth Governour. John McNiven at Miln of Mack is cautioner Confirmed 20 October 1748.
The 10 January 1664, "James McNivein, indweller in Kirktoun of Mukcairne, appears as attorney for Sir Hugh Campbell, and Colin Campbell, bother german of John Campbell in Kirktoun of Mukcairne, for the Bishop of the Isles."
28 April 1574. "Item gud Mald N’ayn Vay in Glenlyon spous til the Clerk M’Nevin zirdyt in Branwo the 28 day of Apryil the yer abowin vrittyn. God hawe mercy of hyr."
At Perth, 17 July 1638. Rolls of Able Men. Balloch and Finlarg, houses of the Laird of Glenurquhay. Names of his domestic servants with their weapons. Duncane Campbel, fear of Lagvinschach, Johne Campbell, James Campbell, Johne M’Nivaine, No weapons given.
Register of Baptisms in the Parish of Muthill James McNiven and Margaret Ogilbie of Blainror, had issue
Archibald McNiven, b 12 Nov 1696, baptised 15 Nov.
Patrick b 8 August 1700, " 12 Aug.
Alexander b 27 May 1703, " 1 June
Malcolm b 20 Dec 1706, " 29 Dec.
James b 6 Aug 1708, " 11 Aug.
Donald b 18 Aug 1711, " 21 Aug.
Thomas b 30 April 1716, " 4 May.
James Niven, lawful son of John Niven and Jean Gordon in Borland was born 14 November, baptised 17 November 1697.
John Gow and Elspet McNiven in Ballahargie, issue
Janet Gow, b 10 Jan 1701, baptised 14 Jan.
John b 21 May 1703, " 23 May
Isobel b 22 July 1806, " 25 July
Donald b in Tombain 28 Sept 1708, baptised 30 Sept.
Janet McNiven lawful daughter of Patrick McNiven and Catherine McNiven in Schmoi, parish of Comrie, born 28 September, baptised 2 Oct 1701. 17 February 1715 (sic) Malcom son to Patrick McNiven and Catherine McNiven in Achinner born 13 February.
12 June 1720 Mary daughter to Patrick McNiven and Catherine McNiven in Dalclathrik, parish of Comrie, born 10 June (sic).
17 December 1710. Jean daughter to Malcolm McNiven and Margaret McNiven in Blainror born 10 December.
15 March 1713. Mary daughter to Malcolm McNiven and Margaret McNiven in Blainror born 10 March.
5 October 1715. William son to Malcom McNiven and Margert McNiven in Blainror born 2 October.
Patrick McNiven and Mary Robin in Cultiheldech, had issue
William McNiven, b 24 Dec 1713 baptised 27 Dec.
George b 2 April 1715, " 2 April
John b 3 March 1718, " 7 March in Strageith
Joseph b 22 Nov 1719, " 23 Nov " "
James b 29 Oct 1722, " 1 Nov " "
Donald b 11 Nov 1725, " 12 Nov " "
Saray b 23 May 1728, " 24 May " "
Patrick b 12 Jan 1730, " 13 Jan " "
6 December 1719. Helin daughter to John McNiven and Beatrix Ogilbie in Dalclathick born 1 December.
Duncan McNiven and Catherin Philp in Blainror, issue
James McNiven, b 4th baptised 6 January 1724
John " b 3 and " 7 November 1725
Alexander b 3 and " 8 December 1727
Jean McNiven b 7 and " 8 March 1730 (written in margin)
Patrick McNiven, b 28 March, baptised 6 April 1732.
25 August 1728. James son to John McNiven and Janet Forbes in Blainror born 20 August.
30 January 1732. Duncan son to John McNiven and Janet Ferguson in Blainror born 27 January.
Duncan McNiven and Alison Bryce in Blainror, issue
Isobel McNiven, b 10 and baptised 14 October 1739.
John b 10 " 15 September 1742
James b 22 March " 26 March 1745
Catherin b 21 October " 23 October 1749
Joseph McNiven and Elspet Bayne in Strageth, issue
Mary McNiven, b 19 baptised 21 July 1743
Joseph McNiven and Janet Bayne in Strageth, issue
Joseph McNiven, b 23 baptised 26 January 1751
John b 1 " 3 May 1754
Peter b 20 " 21 May 1757
Elizabeth b --- baptised 22 Feb 1761
James b 15 " 24 October 1762
26 August 1744. John son of Alexander McNiven and Margaret McNiven in Blenror born 21 August.
Alexander McNiven and Christian McFaren in Mailermore, Comrie parish issue;
Margaret McNiven, b 7 baptised 9 October 1749
Janet McNiven, b 12 " 15 December (year not given)
Alexander McNiven and Christian McNicol in Blenroar, issue
Archibald McNiven, b 7 baptised 8 April 1757
Colin baptised 8 April 1757
Duncan baptised 5 January 1760
Alexander McNiven and Catherine McLean in Blenroar, issue
Duncan McNiven, b 19 baptised 25 May 1766
Elizabeth b 29 April baptised 2 May 1768 (Alexander Andee McNiven)
William b 3 baptised 13 April 1770
Mary b 3 " 12 April 1772
Janet b 28 April baptised 7 May 1777 in Craigneich
James baptised 20 June 1779 in Craigneich
11 June 1777. James Groene son of William Niving and Margaret Pitkeathly in Kippon parish of Dunning born 9 June.
In the Register of Marriages at Perth the name appears as Neving, thus,
24 August 1561. Jonh Neving and Janet Justice
28 December 1561. Gilbert Wilson and Elspeth Neving
14 July 1566. John Neving and Agnes Bowar
4 January 1567. Alezander Neving and Margaret Methven
N.B. From some Memo. Of Contracts at the end of the Register it appears that James Richardson and Marjorie Neving were contracted for marriage 2 August 1568, James having not yet attained his perfect age, his father John, gave his consent to the Banns being published.
18 February 1570. Thomas Ferguson and Helen Neving
5 February 1576. Robert Neving and Bessie Sym
12 February 1576. Patrick Neving and Janet Pitlandy
And in this extract from the Kirksession Register of Perth,
Insult to Lady Monzie
25 April 1586 – Whilk day William Neving, webster (weaver) being examined and inquired if it was of verity the slander of Marion Rollock on the Lady Monzie, deponed as follows – that the Lady Monzie and he being coming through the water-gate, Marion Rollock, standing on her own stair, said the the Lady, "Mistress, give me my wort-dish again:" and the Lady said – "If I have your wort-dish, come to my house and ken it" and Marion replied – "perchance ye will cut my tail from me above the tail as ye have done to others."
At Dunblane, Duncan Nevin was Reader and Schoolmaster from 1576 to 1593. He was presented to Presbytery by James VI before the 31 May and ordained 17 October 1593; continued to 26 August 1607.
"6 March 1581. Letters at the instance of Mr. Duncan Nevin Schoolmaster of the City of Dunblane Against the Bishop & feuars thereof, for non payment of a Pension of £20."
"10 February 1591. Gift of £40 yearly to Mr. Duncan Nveing master fo the Grammar School of Dunbane during his continuance in that office."
"11 June 1591. Tack to Mr. Duncan Neivene shcoolmaster of Dunblane, Agnes Sinclair his spouse (dau of John Sinclair, Commissaire of Dunblane) and James Neivene their son, for 19 years of the teind of the towns and lands of Weter Lanrik, Cobiltoun Mylton of Camis &c"
General Inquisitions – 30 October 1620. Jeanna Neven, Margaretta Neven and Anna Neven, heiress portioners of John Sinclair olim Commissaire Dunblane avi ex perte matris.
The only instances I have found in Scotland of the use of the name Nevinson are these:
"John Reide, son and heir to the late John Nevinson, burgess of Inverness, for the sum of 40s lent by Master Thomas Gollan, burgess of said burgh, gives him pledge a rood of his land with the buildings thereupon built, lying in said burgh, and in the gate of Dymisdaile on the east side thereof, betwixt the land of the late Robert Hog to the south on the one part, and the land of Andrew Waus to the north on the other part: To be held &c . . .
In witness of which, for why I had no proper seal present, the seal of an hounourable man, Alexander Waus, bailie, who by me gave sasine of wadsetting of the said land, as the manner is, to the said Thomas, with instance I have procured, and to these presents have caused to be hung at the said burgh the 20 day of January 1454: Witnesses – the venerable and discreet men Sir Isaac of Moray, John Gray skinner, Finlay Johnson, and Andrew Mylue, with other sundry thereto called and specially prayed."
And among the Gordon Papers: "Maickleanes Band of Manrent, 1536. Hector Mclean of Douart, Novynne Makkynon of Stravodil et al to Lord George Earl of Huntlie. Witness – Sir Anguss Novynesone persone of Tillydak. Signed Hector Maklayne, Nowyne Makenone of Stravdill, vitht my hand at the pen."
And on the banishment rolls of 5 May 1684, from Dumfies, Alexander Nivinson, in Kirkbog.
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The Records of Elgin contain several notes of interest, as 18 February 1543, "Gilbert Kemp was acquit of the claym of lvis of bow caill, claymt be Thomas Nevane." And on the 29 December 1647, "George Nicol gave in a bill schewing the reasons wherfor he did not marie Janet Neiveine:
George is ordained, 15 January 1648, to be frie of the contract of marriage and to pay aught pound and to stand at the pillar foot on sunday nixt."
The 9 May 1675, the Kirk session ordains that "William Nivine sould have for taking up of the psalme in the new church tuelffe punds scots to Apryil 1676."
The 25 August 1685, the Town Council "ordainit instructiones to be drawin up for raising letters against John Spens for wounding, stricking, beating, blood and blae giving to William and James Nivens and John McAndrews hyrers, upon the ground of the Cattails being within the liberties of the burgh of Elgin and for his deed of intrusion upon their liberties by destroying their grasse with his bestiall."
GENEALOGICAL
DAVID MACNIVEN (of the MacNaughtan Family) married Mary, fourth daughter of Hugh and Beatrix Campbell (married Feb or March 1674). Hugh Campbell of Lix, Mary’s father, was son and heir of Archibald of Lix (d ante 1691) who married (1650) Jean, daughter of Patrick Campbell of Barcaldine. John Campbell, Hugh’s grandfather, married, 10 July 1634, Beatrix Shaw daughter of Alexander Shaw of Cambusmoir.
Mary’s grandmother, Janet Buchanan, was a daughter of Robert Buchanan of Lenny by Margaret Campbell, fifth child of Sir John Campbell, first Earl of Loudon (created 12 May 1633) and Margaret Campbell Baroness of Loudon in her own right. Sir John was descended from Sir Colin Capvell of Lochow who was killed at String of Lorne, 1296, where a cairn marks the spot, and was buried at Kilchrinnan, Lochawe, in the Church of St Peter the Deacon.
Mary’s maternal grandfather, Captain Archibald Campbell of Torrie, her father, Hugh Campbell of Lix, as well as her great grandmother Margaret mentioned above, all trace direct to the common ancestor, Sir Colin Campbell of Lochow, killed in 1296.
David MacNiven and Mary Campbell had issue, a daughter Beatrix.
Duncan, third son of John MacGregor, XX Chief of Clan Gregor, and his wife Catherine Campbell (eldest daughter of Hugh of Lix and sister of Mary who married David Macniven), married Beatrix Macniven. Beatrix was therefore first cousin to her husband Duncan MacGregor.
Duncan MacGregor became Chief of the Clan on the death of his elder brothers, the 21st generation of the chieftainship of the Clan. He was out in the ’45 and was severely wounded at Prestonpans (11 wounds), his heel was shot away leaving him permanently lame. He had been brought up to the law in Edinburgh and continued to make it his profession. He died in February 1787.
Duncan MacGregor and Beatrix Macniven had issue:
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David Erskine as Commendator of Dryburgh and Inchmahome granted, 4 Mar. 1586, a lease of the teinds of Wester Lanark to Mr. Duncan Neven, schoolmaster at Dunblane, for the teaching of the youth. (authenticated copy by the Lessee in 1617 in possession of the Earl of Mar). Vol I. p 545 Red Book of Menteith. Fraser. Edinburgh, 1888.
William Niven, mineralogist. Born Bellshill, Lanarkshire, 6 October 1850. Son of William and Sarah (Brown) Niven. Came to the United States in 1879, married 26 January 1886, Nellie Blanche Purcell, of St Louis, MO. He writes to Franklin T. Nevin:
"My father’s parents were from Inverness, and his grandfather, William Niven, was a petty officer on the Flagship at Traflagar and was killed in the naval engagement."
"The Antiquity of Man in the Valley of Mexico" by Ing. George E. Hyde, Del Instituto Geologico. Mexico 1922. is dedicated to William Niven Esq. The Dedication reads in part: For the facilities that he has given us in our work, placing at our disposal, without reserve, his magnificient and valuable collection and the complete control of his Excavations. We have pleasure in designating as a mark of esteem and as a tribute to his untiring application to Archaeological Exploration the denomination "Mongoloide", a name we have given to one of the layers in the Geological – archaeological section. With this name we believe has been justly added one definite step towards the origin of many of the racial tribes of Mexico. 27 December 1921.
The name, Mongoloide, we have chosen in honor of the Scotch mineralogist, William Niven, who since 1895, then in the state of Guerrero, has continued ot call attention to his archaeological discoveries, in which he has found Chinese types. Since 1909, Mr. Niven, working tirelessly here in the Federal District, has removed more than 40,000 tons of earth, in search of the remains of Mexico’s pst. This has not cost the country a cent; and Mr. Niven has made donations to the National Museum, of objects valued at more than $10,000. This is characteristic of the man." (p 44 of the above mentioned book.) (Who’s Who in America. 1925)
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Frederick Niven, novellist, author of "Justice of the Peace" &c