Sir Alan Durward

SIR ALAN DURWARD (aka ALAN OSTIARIUS)

Justiciar of Scotland; Lieutenant of the Sheriff of Inverness

Alan Durward is the son of Thomas Durward. Arbroath Liber: charter number 192 on p. 92

EVIDENCE FROM THE NATIONAL RECORDS OF SCOTLAND

                   1

11 November 1244: Agreement by which William of Mortimer gives in farm for twenty years to Thomas? Vilator the land [in Angus] between the marches of Lundyn and Lyf extending by the highway and descending to the stream which is the march between Foulys and Durnlawe for six merks and an annual reddendo of a pair of white gloves at the fair of Dunde. Witnesses: Sir Alan Durward (Hostiario), Justiciar of Scotland, Sir William of Rammesaya, Sir Hugh Fleming (Flandrensi), Sir Thomas of Cunyngburgh, Ralph Burnet, Albert of Dunde.
[Tag; seal of Mortimer gone.] National Records of Scotland, Papers of the Maule Family, Earls of Dalhousie, reference GD45/27/98

                   2

26 July 1251: Charter by King Alexander III, confirming the gift which William earl of Mar made to Gilbert de Haya, of his whole land of Drunlau: To be held by Gilbert and his heirs of the earl and his heirs, as the earl's charter testifies: Saving the king's service. Witnesses, W[alter] Cumyn earl of Menetieth, Alan Durward justiciar of Scotland, John de Bayole, Robert de Meyners the chamberlain. At Schon 26 July an. reg. 3. (1251).
(A fragment of the Great Seal remains) National Records of Scotland, Photocopies of Erroll Charters, reference RH1/6/11

                   3

1251 X 1265: Charter by John de Inchesiryth, granting to Sir Gilbert de Haya and his heirs or their assignees all right and lordship which he had in the land of Rosinclerache, viz. in rents, homages, wards, reliefs, escheats and other liberties. To be held de me. Rendering therefor yearly one pound of cummin or two pennies at the Assumption of Our Lady. Witnesses, William earl of Mar, Sir Halan Durward, Sir Malcolm de Moravia, Sir John Cambrun, Sir Alexander de Inchemartin, Sir William de Haya, Sir John de Fentun, Sir Matthew de Muncrephe, knights. (A fragment of the seal remains, appended by a cord). National Records of Scotland, Photocopies of Erroll Charters, reference RH1/6/14

Note: Printed Spalding Misc. ii. 308.

                   4

1258 X 1271: Charter by Alexander, Steward of Scotland, to Mr. William Wiscarde, archdeacon of St. Andrews, of the lands of Turrins near Forfare. (Service to be rendered is of one archer). Witnesses:- Alexander Cumyne, Earl of Buchane, Justiciar of Scotland, William, Earl of Marr, Walter Stewart, Earl of Meneth, Sir (dominus) Alan Durward, Sir William of Brechyne, Sir Hugh of Abernythyne, Sir William of Mowatt, Sir Reginald Le Chene, Sir Thomas Ranulph, chamberlain, Sir Bernard of Mowatt, Sir Thomas Crok, Sir Henry of Dundemure, Sir Matthew of Lethenyne. [Seal.] National Records of Scotland, Papers of the Maule Family, Earls of Dalhousie, reference GD45/16/3036

                   5

January 1292: Receipt by the same for 109 marks received as his stipend from Sir Alan Durward (Hostiar'), appointed lieutenant of the sheriff of Inverness. National Records of Scotland, List of Documents Transferred from Public Record Office, London, reference RH5/221

Note: Stevenson, Documents i: 245

                   6

5 October 1538: Inspeximus by Gilbert de Haya constable of Scotland, of a charter of King Robert (I) confirming to the abbot and convent of Coupar all gifts made to them of the two Drummys within the tenement of Glenbaclache (which they had by gift of Adam de Glenbachlache), with the whole commonty of the same land (which they had by gift of Eustace de Retref and confirmation of the said Adam) also of the land of Kincreek within the barony of Lure, with mill thereof, and of the whole multure of the said barony, and of two acres of land on the north side of the water of Kerbethe betwixt the baronies of Inverarichtyn and of Lure, with advocation of the kirk of Mathylure (which they had by gift of Alexander de Abirnethy knight) also of two acres of land with the advocation of the kirk of Fosmu within the earldom of Strathearn (which they had by gift of Gilbert de Haya knight and confirmation of Malise earl of Strathern) likewise of the land of Litilperth near Monros (which they had by gift of (Alexander) de Lindesay and confirmation of John de Kynros knight) and of two merks annual rent furth of the land of Adinlisk within the tenement of Gl[enyl??f] (which they had by gift of said John, with all right he had or could have in said land) and of the lands of (Cambok) of Duny and Elarg (which they had by gift of said John) also of the advocation of the kirk of Alveth in the (diocese) of Aberdeen, with the whole land that lies near said kirk, and with all other lands and easements (which they had by gift of Marjory countess of Athole relict of John earl of Athole, and confirmation by David her eldest son and heir) also of free passage with their goods and possessions through the lands of said Alexander, Gilbert and John knights, Eustace, Adam and Alan Durward, and of indulgence of the forfeiture of themselves and their men. To be held in frankalmoign. Witnesses to the king's charter, William Robert and John, bishops of St Andrews, Glasgow and Brechin, Alexander de Meynors and Gilbert de Haya knights. Dated at Dunkeld 5 October anno regni 3 (A.D. 1308). Inspeximus dated at Dundee, Thursday next before the feast of St Clement pope and martyr (20 November) 1309. National Records of Scotland, Photocopies of Erroll Charters, reference RH1/6/128

Note: Printed Register of Cupar Abbey ii. 286.

                   6

2 March 1536: Notarial instrument narrating that John Wyschart of Logy Wyschart appeared before David, abbot of Abirbrothok, and asked for extract to be taken from the Register of the said monastery of a grant, dated 1253, by Alan Durward to the said monastery of the lands of Kingoldrum within the boundaries herein specified; in which lordship are situated the lands of Kennemukkart otherwise Kenneneill. [Fragment of common seal appended]. [885.12] National Records of Scotland, Papers of the Earls of Airlie, reference GD16/14/15

EVIDENCE FROM THE RENTAL BOOK OF CUPAR-ANGUS ABBEY

                   1

[No Date]: Charter by which Alan Hostiarii domini Regis confirms that he has goven to bovates of land at Luntrathen to the monks of Cupar. The charter is witnessed by Domino Colino de Lundein and others. Cupar Angus Rental I: charter number 66 on p. 342

                   2

5 October 1309: Inspeximus by Gilbert de Haya constable of Scotland, of a charter of King Robert (I) confirming to the abbot and convent of Coupar all gifts made to them of the two Drummys within the tenement of Glenbaclache (which they had by gift of Adam de Glenbachlache), with the whole commonty of the same land (which they had by gift of Eustace de Retref and confirmation of the said Adam) also of the land of Kincreek within the barony of Lure, with mill thereof, and of the whole multure of the said barony, and of two acres of land on the north side of the water of Kerbethe betwixt the baronies of Inverarichtyn and of Lure, with advocation of the kirk of Mathylure (which they had by gift of Alexander de Abirnethy knight) also of two acres of land with the advocation of the kirk of Fosmu within the earldom of Strathearn (which they had by gift of Gilbert de Haya knight and confirmation of Malise earl of Strathern) likewise of the land of Litilperth near Monros (which they had by gift of (Alexander) de Lindesay and confirmation of John de Kynros knight) and of two merks annual rent furth of the land of Adinlisk within the tenement of Gl[enyl??f] (which they had by gift of said John, with all right he had or could have in said land) and of the lands of (Cambok) of Duny and Elarg (which they had by gift of said John) also of the advocation of the kirk of Alveth in the (diocese) of Aberdeen, with the whole land that lies near said kirk, and with all other lands and easements (which they had by gift of Marjory countess of Athole relict of John earl of Athole, and confirmation by David her eldest son and heir) also of free passage with their goods and possessions through the lands of said Alexander, Gilbert and John knights, Eustace, Adam and Alan Durward, and of indulgence of the forfeiture of themselves and their men. To be held in frankalmoign. Witnesses to the king's charter, William Robert and John, bishops of St Andrews, Glasgow and Brechin, Alexander de Meynors and Gilbert de Haya knights. Dated at Dunkeld 5 October anno regni 3 (A.D. 1308). Inspeximus dated at Dundee, Thursday next before the feast of St Clement pope and martyr (20 November) 1309. Cupar Angus Rental II: Appendix, charter number 5 on pp. 286-8

EVIDENCE FROM THE CHARTULARY OF THE ABBEY OF LINDORES

29 June 1251: Charter by which Alan Ostiarius, Justiciar of Scotland, confirms that he has given certain annuities to the abbot and convent of Lindores. His gift is made for the benefit of the soul of Aexander, late King of Scots, his own soul and the soul of his wife Margerie. The charter is witnessed by Alan;s brother Colino Ostiario and others. Lindores Chartulary: charter number LXXX and notes on pp. 85-8

EVIDENCE FROM THE REGISTER OF ARBROATH ABBEY

                   1

1214: Arbroath Liber: charter number 192 on p. 92

                   2

1256: Arbroath Liber: charter number 295 on pp. 227-8

                   3

17 October 1346: quondam Alanum Hostiarium . . . . . Arbroath Liber: charter number 21 on pp. 19-20

SECONDARY SOURCE EVIDENCE

1. Chartulary of the Abbey of Lindores, 1195-1479, etc. Edited by the Right Rev. John Dowden, D.D., Bishop of Edinburgh (Scottish History Society, Edinburgh, 1903), 351 pp. including index
2. Rental Book of the Cistercian Abbey of Cupar-Angus. With the Breviary of the Register. Edited by Rev. Charles Rogers, LL.D. Volume I (Grampian Club, London, 1879), 372 pp. including index
3. Liber S. Thome de Aberbrothoc. Registrorum Abbacie de Aberbrothoc. Pars Altera Registrum Nigrum Necnon Libros Cartarum Recentiores Complectans. 1329-1536 (Bannatyne Club, Edinburgh, MDCCCLVI.), 628 pp. including index

WIKIPEDIA BIOGRAPHY

Alan Hostarius or Alan Durward (Scottish Gaelic: Ailean Dorsair † 1275) was the son of Thomas de Lundin, a grandson of Gille Críst, Mormaer of Mar. His mother's name is unknown, but she was almost certainly a daughter of Máel Coluim, Mormaer of Atholl, meaning that Alan was the product of two Gaelic comital families.

Alan was one of the most important political figures of 13th century Scotland, and in fact effectively ruled the country at several points during the minority of Alexander III (Gaelic: Alasdair III mac Alasdair). Through his father Thomas, he inherited the office of hostarius, protector of the king's property. Alan probably participated in the campaign to crush the insurrection of Meic Uilleim (Mac Williams) in 1228-29. By 1233, and probably before, Alan was given control of Urquhart on the shores of Loch Ness. Alan was almost certainly responsible for the earliest motte phase of Urquhart Castle.

At the same point in time, between 1233 and 1235, Alan was styling himself "Count of Atholl". It has often been thought that, after the death of Thomas of Galloway, Earl of Atholl in 1232, Isabella, Countess of Atholl, married Alan. This however, rests solely on the appearance of Alan's styles. However, as Matthew Hammond has shown, this more is more likely to refer to fact that Alan, as a grandson of Máel Coluim, Earl of Atholl, probably sought to inherit the province; by January 9, 1234, King Alexander seems to have recognized this style. However, by the time of a charter of July 7, 1235, the style had disappeared and Alan was never called "Count" (Mormaer or Earl) again. Alan, like his father Thomas, would also challenge the rights of the Mormaers of Mar. Alan was descended from Gille Crist, Mormaer of Mar. However, Gille Críst's descendents had been excluded from inheritance by the line of Morggán, Mormaer of Mar, who were monopolizing the comital title. Alan tried and failed to oust Uilleam from his title. It would be the greatest failure of Alan's career that he failed to rise to comital rank.

Alan's illustrious career was marked by intense rivalry with the Comyns. The rivalry was a national phenomenon, and represented a larger factional conflict within the kingdom. There may have been some reconciliation towards the end of his life. Alan was made Justiciar of Scotia along with Alexander Comyn, Earl of Buchan, and campaigned with the latter in two expeditions against the Norwegians. Alan even witnessed one of Earl Alexander's charters in 1272.

Alan spent many of his later years in England. During the minority of Alexander III, Alan had courted the favor of King Henry III of England in an effort to stay in power. The King of the English even gave Alan his own English manor, Bolsover.

He died in 1275. He was buried in the Abbey of Coupar Angus. Alan had married Marjory, a bastard daughter of King Alexander II, by whom he had three children, Ermengarde (who married William de Soules, the royal butler), Anna (who married Colbán, Mormaer of Fife), and another daughter whose name is not known (she married John Bisset). Alan also had at least one bastard son, Thomas Durward. None of these children carried on their father's illustrious political career.

THE SURNAME DURWARD

DURWARD, a surname derived from the office of ostiarius regis, door-keeper, or door-ward to the king, anciently Lord Durward. After the forfeiture of David Hastings, earl of Athol, Alan Durward, who held this office in the reign of Alexander the Second, was by that monarch created earl of Athol in his place, and in 1242 he was made great justiciary of Scotland. He married the king's sister; and in 1251, when with Alexander the Third at the court of Henry the Third at York, he was accused of high treason, and in 1253 , he followed Henry into France and served in his army there. In 1255, he was one of the leaders of the party who opposed the Comyns, then at the head of the government in Scotland, and with Patrick, earl of Dunbar, and others, he invaded Edinburgh, surprised the castle, and set at liberty the young king, Alexander the Third, and his queen. He was afterwards one of the fifteen regents, but in 1257 he was compelled to take refuge in England. In 1258 he was again chosen one of the regents of the kingdom. In 1264 he and the earls of Buchan and Mar proceeded to the Western Isles with a great army, and there killed many of those who had persuaded Haco, king of Norway, to invade Scotland, and banished the rest. He died in 1275, leaving three daughters, his heirs, among whom his lands were equally divided.Electric Scotland

URQUART CASTLE

The first record of a castle at Urquhart comes more than 600 years after Columba’s visit. By the year 1250 Alan Durward was lord of Urquhart. As brother-in-law of King Alexander III, Alan was one of the most influential men in Scotland, widely recognised as the power behind the throne. The stronghold that Alan established at Urquhart continued to be of strategic importance throughout the Wars of Independence with England sparked by the untimely death of Alexander III.

EARLS AND EARLDOM OF MAR

This Earl, during the minority of Alexander IlI., came into conflict with Alan Durward, who was Justiciary of Scotland, and son of Thomas Durward mentioned before. Durward had married a natural daughter of Alexander II., by whom he had several daughters; and it was alleged in 1252 that he was endeavouring to obtain from the Pope the legitimation of his wife, so in the event of the death of the boy Alexander III., his daughter would be the heiress to the Crown of Scotland. Thus Alan was a great and aspiring personage. He assumed the title and style of Earl of Athole from 1233 to 1235; and not content with the very large part of the Earldom of Mar which his father had obtained for him, in 1257, he claimed the whole Earldom of Mar. In that year a papal rescript was issued, directing an inquest to be held, proceeding on the narrative that "Our beloved son, the nobleman Alan, called the Durward, hath signified to us that, whereas the nobleman William of Mar, of the diocese of Aberdeen, hath withheld the Earldom of Mar, of right belonging to the aforesaid Alan, and the same doth occupy to the prejudice of the said Alan, and that Morgund and Duncan, deceased, to whom the said William asserts his succession to the said earldom, were not begotten in lawful matrimony." Notwithstanding Alan's great efforts, Earl William continued in possession, and Durward failed in his aim and ambition.

ALAN DURWARD BY THOMAS ARCHER

DURWARD, ALAN (Alanus Ostiarius, Hostiarius, Dyrwart 'le Usher') (d. 1268), justiciar of Scotland and earl of Atholl, was the son of Thomas Ostiarius, who was a benefactor to the monks of Arbroath, and a signatory to at least one charter of Alexander II, dated between 1231 and 1233 A.D. (_Reg. of Aberbr._ p. 9; _Cal. of Doc._ ii. 530; cf Crawford, p. 12; Stewart, _Peerage_, i. 161). Durward makes his first appearance as Alan 'Ostiarius domini Regis Scocie, Comes Atholie,' in a deed of gift which was confirmed by Alexander II at Kintore, 12 Oct. 1233 (_Vetus Reg. of Aberbr._ pp. 91, 190; cf. _Scotiæ Monasticon_, iii. 419). In 1244 he was the first noble to pledge himself for the fidelity of Alexander II in this king's oath to Henry III; and further on in the same document undertakes, along with the seven earls of Scotland, to withstand their own sovereign should he attempt to play false (Matt. Paris, iv. 381). On Alexander II's death (8 July 1249) he starts forward as one of the chief leaders of the English party at the Scotch court. The little king's coronation had been fixed for 13 July, when 'Alan Dorwart totius nunc Scociæ justitiarus' put forward a claim to defer the coronation till the young Alexander had been made a knight; his proposal was, however, negatived mainly by the influence of Walter Comyn, count of Menteith, the head of the national party in Scotland (Fordun, p. 293; Robertson, ii. 55). At Christmas Alexander met Henry III at York, was knighted (25 Dec.), and married to his eldest daughter Margaret (26 Dec. 1251) (Fordun, p. 293; Robertson, ii. 55; Matt. Paris, v. 267). Before leaving York Durward's enemies accused him of treason. He had married a natural daughter of Alexander II, and was now charged with having written to the pope begging him to legitimatise his daughters by this lady. This act was construed as equivalent to an attempt to regulate the succession to the throne. The influence of the English king saved Durward for the time; but on his return to Scotland his chief opponents, the counts of Menteith and Mar, forced Durward's great ally, the chancellor Robert, abbot of Dunfermline, to resign his office, a step which marked the triumph of the Comyns and their party (_Chron. de Melrose_, pp. 219-20; Fordun, pp. 296-7).

On this it would seem that Durward, one of the heads of the English faction, or 'the king's friends' as they were later called, took refuge in England. His leading associates were Malise, earl of Strathearn, Patrick, earl of Dunbar, and Robert Bruce, afterwards a claimant for the Scottish throne. Durward himself attended Henry III on the Gascon expedition of August 1253, on which occasion he seems to have been doing service for the Earl of Strathearn. He also seems to have been present at Prince Edward's marriage with Eleanor of Castille (1254). At this time he was in receipt of a pension of 50_l_. a year from the king of England, and his name is found entered in the English rolls more than once in the course of the next few years in connection with other monetary claims, such as that for fifteen marks as recompense for a horse lost overseas in the king's service (18-19 May 1255). In February 1256 the king was in his debt to the amount of 94_l_. 16s. 8d., and payment for this and other moneys was secured by an order on the revenues of the sheriffs of Northumberland (February 1256) and York (April 1257, January 1258). On 24 Dec. 1257 his pension was commuted for the manor and castle of Bolsover, which he continued to hold free from tallage at least till October 1274, and perhaps till the time of his death (_Chron. de Melrose_, p. 220; _Cal. of Doc._ i. Nos. 1956, 1984-1985, 2028, 2043-4, 2057, 2082, 2105, ii. 18, 26).

Durward does not seem to have left Scotland before July 1252, in which month he had a safe-conduct to England till 1 Nov., before which date (22 Oct.) he was granted a licence to shoot six does in Gualtrees forest on his return. In August 1255 the Scotch troubles had so increased that Henry III despatched Richard de Clare, earl of Gloucester, and John Mansel northwards to protect 'his beloved friends' the Earls of Dunbar, Strathearn, and Alan Durward. It was by the advice of these nobles and their adherents that Alexander III and his queen had appealed to the king of England, who now took them under his care, and engaged to make no peace with their adversaries unless by their consent (21 Sept. 1255). At the same time a new council was appointed to govern the kingdom for seven years. Among its members Durward's name figures prominently, and, according to Fordun, he was restored to his office of high justiciar (20 Sept.) His enjoyment of this post can, however, hardly have lasted longer than two years, when the Earl of Menteith, taking advantage of the disturbances caused by the elevation of his friend, the ex-chancellor Gameline, to the see of St. Andrews, called together his fellow-nobles of the national party, seized the young king while still asleep in his bed (29 Oct. 1257) at Kinross, carried him to Stirling, and there established a council of their own. Durward, whom the patriotic chonicler of Melrose styles 'the architect of all the evil,' on hearing this fled to England, and his party was dispersed (_ib._ i. Nos. 1888, 1895, 1987, 2013-15; Rymer, i. 559, 566-7; Fordun, pp. 298-9; _Chron. de Mailros_, pp. 220-1).

Early next year, 1258, the king of Scotland mustered his forces at Roxburgh to take vengeance on his late tutors, who promised to appear at Forfar and there render an account of their misdeeds. Henry, however, had given orders to receive Durward into Norham Castle, and had granted him fifty marks for his expenses (2-5 April). Six months later (8 Sept.) he was rumoured to be supporting the refugees on the borders of Scotland with arms. His commissioners appeared at Jedwood, where peace was made between the opposing parties after a three weeks' discussion, seemingly on the condition that the royal council should consist of eight persons, four being chosen from each party. Though Durward's name appears as a member of this body, the power, according to Robertson, was almost entirely vested in the hands of the Comyns, nor indeed did it include a single earl of the opposing faction (_Chron. de Mailros_, pp. 221-2; Rymer, 1st edit. i. 378). Two years later (16 Nov. 1260) 'Alan Ostiarius' is one of the four barons who undertake the duty of protecting the Scotch interests while Queen Margaret goes to England to be confined of her first daughter (_Chron. de Mailros_, p. 223; Rymer, 1st edit. i. 378).

From this time, and, indeed, through all the preceding years, Alan's name is occasionally to be found in English documents. Henry III in 1260 granted him two casks of wine (11 Nov.) Later he seems to have been in money difficulties. Certain Lucca merchants have a claim of 60s. against him in 1263; while in 1268 he was in danger of distraint for debt. The same year he received letters of protection for three years (_Cal. of Doc._ Nos. 2222, 2316, 2470, 2493). The date of his death is given as 1268 in the 'Chronicle of Lanercost.' His son, Thomas Durward, was already a knight in April 1256 (_Hist. Doc._ i. 245; _Reg. of Aberbroth._ p. 227). A Sir Thomas Durward, who is possibly to be identified with the last mentioned knight, swore fealty to Edward I on 15 June 1296 (_Cal. of Doc._ p. 195).

The 'Chronicle of Lanercost' (sub ann. 1268) relates a curious story as to how Durward year after year continued to demand an increase of rent from one of his tenants, promising that every time should be the last, and giving his right hand in confirmation of the bargain, till, at last, wearied out by such falsehood, the farmer called out for the left hand, as the right had deceived him so often.

Durward occasionally signed charters as Count of Atholl, e.g. in one dated 25 Dec. 1234 (_Reg. of Aberbr._ p. 76). According to Douglas he got this title by marriage with the daughter, or rather the granddaughter (cf. Robertson, ii. 192), of Henry, earl of Atholl. The same writer seems to make his proper name to be Alanus de Londiniis (i. 131-2). Durward was justiciar of Scotland at least as early as 16 Dec. 1246 (_Reg. of Aberbr._ p. 202). Durward's wife Margery, daughter of Alexander II, was dead by 1292, when Nicholas de Soules set up a claim to the Scotch throne in the right of her younger sister Ermengarde (Rymer, ed. 1816, vol. i. pt. ii. p. 775).

[Registers of Arbroath and Newbottle (Bannatyne Soc.); Calendar of Documents relating to Scotland, i. and ii., ed. Bain; Historical Documents illustrative of History of Scotland (Stevenson); Dugdale's Peerage of Scotland, i. 131-2; authorities quoted above.] T. A. A.* [Ref: DNB, Editors, Leslie Stephen & Sidney Lee, MacMillan Co, London & Smith, Elder & Co., NY, 1908, vol. vi, pp. 266-8]

• Thomas Andrew Archer, author of this article.