Nisbet of West Nisbet

Date: [unknown] [unknown]
Location: [unknown]

https://www.wikitree.com/wiki/Space:West_Nisbet_House

Nisbet House aka West Nisbet CC by Mark Nesbitt

This Nisbet family lived at Mungowells see [[1]]until Alexander the grandson of George Nisbet built West Nisbet House.

• 1609 When he married Katherine (Swinton) Nisbet of that Ilk (abt.1585-) in 1609, He received 20,000 merks of tocher with her. Just a few years later, on her brother's death, he received another 80,000 merks, with which he purchased the house and lands of Rummiltounlaw in which she is infeft.

(all together Alexander got about £1,060,000.00 in todays money 2020 from his marriage with Katherine Swinton).

To West Nisbet for about 42 Years

• 1610 It was about then an extravagant mansion built by Sir Alexander (Nisbet) Nisbet of that Ilk (abt.1580-abt.1665), no doubt built with his wife’s money.

Inherited debt to his cousins James and Elspeth.

• 1615 He owed to the children, Elspeth and James, of his deceased uncle Alexander in Newtounlees £239/13/4 and possibly more. When his grandfather George died, his father Philip owed the part of the estate that was to be divided between his mother and siblings £724/6/8d. When his uncle Alexander died in 1616 Philip Nisbit of that Ilk and his heirs (son Alexander married to Swinton) still owed by obligation - £239/13/4d to him that was then to go to son James.

James was shot on West Nisbet 5 days before Alexander was to hand over his inheritance.

• 1633 He had the administration of their estate for several years until the expiry of their minority. James Nisbet attaining his majority was shot on the property of the Laird of West Nisbet 5 days before a meeting was to take place where James was to be able to take over management of his own estate. At his funeral Sir James Baillie of Lochend, brother-in-law? to the said Elspeth [was married to Jean Nisbet], insisted that Elspeth remain with them and away from the influence of Sir Alexander Nisbet. Sir James Baillie offered the said ELSPITT in marriage to the said Sir Alexander eldest son if he thought it for the well of his house, something sir Alexander would not consider at all. Elspeth Nisbet complains against her guardian Sir Alexander Nisbet of West Nisbet, he is charged with forcing the said Elspeth to subscribe some writs ^[1]
• 1632 Sir John Home of Blakader, knight, passed on 29th September 1632 to the personal presence of Sir ALEXANDER Nisbet of that Ilk within the place of West Nisbet, and intimated to him the said Sir John's intention to redeem the lands of Greinsyde, with their pertinents and the salmon fishing upon the west ford of Norham, from him and Dame Katherine Swynton'e, his spouse, by payment of the redemption money of 4,000 merks ^[2]
• 1638 Signature of the lands of West Nisbet granted to William Monteith (Menteath, Monteath, Montieth). 24 Dec 1638
• 1639 Alexander and his son Philip are in debt and are charged to deliver their houses of West Nisbit and Rummiltounlaw upon pain of treason. On 11th July, 1639, Sir Alexander Nisbitt of that Ilk and Philip Nisbit, his son, were put to the horn at the complainer's Instance for non-payment of certain debts, and they remain thereat contemptuously, possessing their houses ^[3]This is before the start of the civil war.

.

^[4] This does not seem to agree with the claim that Alexander had to sell the property to pay debt, acquired during the Civil War-1644 to 1645. The Scottish civil war that was fought between Scottish Royalists—supporters of Charles I under James Graham, 1st Marquis of Montrose—and the Covenanters "

• 1639 a number of his those he owed money too, registered against the heritably properties lands for the debt owed to them
  • 27 Dec 1639 Signature of the lands of West Nisbet granted to Alexander Lowis (Louis). NRS SIG1/96/11
  • 27 Dec 1639 Signature of the lands of West Nisbet granted to Lady Jean Lindsay (Lindesay). NRS SIG1/96/12
  • 27 Dec 1639 Signature of the lands of West Nisbet granted to Robert McGill (Mackgill, Magill, Makgill). NRS SIG1/103/32
  • 27 Dec 1639 Signature of the lands of West Nisbet granted to James Muir (Muire, Mure). NRS SIG1/103/35
  • 27 Dec 1639 Signature of the lands of West Nisbet granted to William Monteith (Menteath, Monteath, Montieth). NRS SIG1/103/37
  • 27 Dec 1639 Signature of the lands of West Nisbet granted to Gavin Nisbet (Nisbett). NRS SIG1/125/4
  • 27 Dec 1639 Signature of the lands of West Nisbet granted to Adam Napier (Naiper, Naipper, Napeir, Naper). NRS SIG1/125/5
  • 27 Dec 1639 Signature of the lands of West Nisbet granted to Andrew Ramsay. NRS SIG1/136/16
• 1641 Sir Alexander Nisbet (Nisbitt) of that Ilk he is mentioned in the roll of delinquents (list of those neglectful of duty or obligation)
• 1641 it is said "the place of West Nisbet, where Sir Alexander had his residence when within this realm," and found neither property in the castle nor stock on the lands." but need original reference. I suspect the property was then moved to Rummiltonlaw where his wife at least was at the time.^[5]
• 1642 Sir Alexander Nisbet (Nisbitt) of that Ilk they are prosecuted for remaining at the horn-18th January 1642. Supplication by William Monteith against Sir Alexander Nisbet and his son. 128. Supplication by William Monteth, merchant burgess of Edinburgh, as narrated (ante, p. 219), craving letters of treason against Sir Alexander Nisbitt of that Ilk and his son. [On the back] " Apvd Edinburgh, 18 January, 1642. Fiat 'ut petitur. Dundas of that Ilk." ^{[6] [7]}

for non-appearance at a court to answer a summons.

• 1642 Sir Alexander Nisbet (Nisbitt) of that Ilk his protection extended, the protections to the lairds of Buchanan and West Nisbet continued. #163. " Edinburgh, 10 Februar, 1642. The Lords of Secreit Counsell, in respect the summonds raised aganis the Lairdis of Buchannan and West Nisbet and Adam Abercrombie of Auldrayne are continowed till Tuesday nixt, prorogats thair protections till Wednesday nixt at night Loudoun, Candrius, I.P.D. ^[8]
• 1642 The Lords, having continued the action at the instance of William Mouteith of Caribber, merchant burgess of Edinburgh, against Sir Alexander Nisbit of that Ilk and Philip Nisbit, his son, for the delivery of their houses and the entry of their persons in ward within the castle of Blacknes till this day eight days, the 10th instant, for the better enabling of the said Sir Alexander and Philip Nisbit to appear that day, and to do business meanwhile, the said William Monteith and their other creditors supersede the execution of all hornings and other letters issued against them till the 11th instant at night.^[9]
• 1642 Complaint by William Monteith of Caribber, merchant burgess of Edinburgh, as follows:” On 11th July, 1639, Sir Alexander Nisbitt of that Ilk and Philip Nisbit, his son, were put to the horn at the complainer's Instance for non-payment of certain debts, and they remain thereat contemptuously, possessing their houses " as strenths of warre aganis the ordinarie executioun of the lawes so as none darre adventure to putt the same in executioun aganis thame." Charge having been given to these persons and the pursuer compearing personally but not the defenders, the Lords ordain macers, heralds and pursuivants to charge the latter and all keepers of their houses of West Nisbit and Rummiltounlaw to deliver the same, and the defenders themselves to enter within the Castle of Blacknes upon the pain of treason. ^[10]

• Documentation needed- After serving some time in debtor's prison, unknown when or what prison. Blackness Castle is mentioned in some of the documents and it served as a state prison. https://en.wikipedia.org/wiki/Blackness_Castle

1642 to deliver their houses of West Nisbit and Rummiltounlaw , and to enter within the Castle of Blacknes upon the pain of treason.

80,000 merks more than his estate is worth.

Lady West Nisbet, Katherine Swinton claimed the right to the property at Rummiltonlaw as that was her inheritance, but the courts did not agree. She refused to move and is accused of staying until she secures this year's crop by violence.

• 1642 Complaint creditors of the Laird of West Nisbit, being " above,' fourscore persons quhairof manie ar orphans, wedowes and others helpelesse " people, as follows: ” They are much prejudged in the sums due to them by the said Laird, which amount to 80,000 merks more than his estate is worth, and they have been at great charges in following out legal methods against him, having at last obtained the Council's warrant for rendering of his houses of West Nisbit and Rummiltonlaw. But this has been suspended by the Lady of West Nisbit, who keeps the house of Rummiltounlaw, uplifts the rents from the tenants,^[11]

• 1642 summons --Sir Alexander Nisbet (Nisbitt) of that Ilk his creditors obtain letters of treason against his lady, is dated at Edinburgh, 6th December, 1642 to charge her the upon letters of treason to surrender her house of Rummiltounlaw, and this, she represents, will be very hard upon her, as not only did her husband receive 20,000 merks of tocher with her, but not many years since, on her brother's death, he received other 80,000 merks, with which he purchased the house and lands of Rummiltounlaw in which she is infeft. She is thus the most considerable creditor of her husband and ought to be preferred. Moreover, she has no other house to remain in but this of Rummiltounlaw so dearly acquired by her own means, ^[12]
• 1642 The creditors of Sir Alexander Nisbet (Nisbitt) of that Ilk obtain letters of treason against Dame Katherine Swyntoun, Lady of West Nisbet. She was personally apprehended in RummiltounLaw; and, as would not receive a copy of the summons to compear before the Council on 20th December, so was left affixed to the lock of the gate^[13]

• Documentation needed- the estate consisting of Mungoswall, Reishill, Fluiris, Glouroverhin, Windinkhall, Nisbet, Nisbethill, Cruiklie and Wettiewallis in the parish of Edrom was sequestered in 1642 with a value of twenty marks.

1644 to 1645. Civil War- The Scottish civil war that was fought between Scottish Royalists—Sir Alexander Nisbet, was among the supporters of Charles I under James Graham (abt.1612-1650), 1st Marquis of Montrose—and the Covenanters. The Scottish civil war that was fought between Scottish Royalists—supporters of Charles I under James Graham, 1st Marquis of Montrose against the Covenanters "

James Graham Tomb in St. Giles' Cathedral.

James Graham, 1st Marquis of Montrose along with Alexander's son, Colonel Robert Nisbet, were captured at Invercharron

Montrose died on 21 May 1650 at Edinburgh, Midlothian, Scotland, hung, drawn and quartered. His remains were originally buried in the abbey church of Holyroodhouse but were transferred on 14 May 1661 to Saint Giles Cathedral, Edinburgh. Alexander was in debt before the war so any claime he had to sell the property to pay debt, acquired during the Civil War-can not be correct. This must of been hard times for his wife, she lost her family property and fortune, her property with her husband. On top of everything the loss of three sons to the war, must have been utterly unimaginable.

• Major Alexander, was killed at the Siege of York in 1644
• Sir Philip Nisbet of that Ilk executed 1645 the eldest taken at the battle of Philiphaugh, and beheaded at Glasgow
• Colonel Robert Nisbet, was captured with Montrose at Invercharron and executed in Edinburgh May 1650

They were forced to sell the remaining holdings to the Ker family in 1649, although Alexander would not relinquish it until 1652.

• 1652 West Nisbet Alexander finally gave up ownership of the house in 1652 after numerous attempts to get him evicted and hand over the deeds.

Sources

1. ↑ Register of The Privy Council by P Hume Brown 2nd Series Vol. V
2. ↑ 1632 Notarial Instrument stating that Alexander Gaittis, portioner of Dunce, as procurator of Sir John Home of Blakader, knight, passed on 29th September 1632 to the personal presence of Sir ALEXANDER Nisbet of that Ilk within the place of West Nisbet, and intimated to him the said Sir John's intention to redeem the lands of Greinsyde, with their pertinents and the salmon fishing upon the west ford of Norham, from him and Dame Katherine Swynton'e, his spouse, by payment of the redemption money of 4,000 merks within the parish kirk of Edrhame on 10th November next, and warning him to be then present there
3. ↑ Register of the Privy Council by P Hume Brown 2nd series Vol VII 1638-1643-219, 220
4. ↑ 1642 11th July, 1639 Alexander Nisbitt of that Ilk and Philip Nisbit, his son, for contemp of horning for non-payment of certain debts they contemptuously, possess their houses and are charged to deliver their houses of West Nisbit and Rummiltounlaw upon pain of treason 1642 Sir Alexander Nisbet (Nisbitt) of that Ilk they are prosecuted for remaining at the horn, 219, 220 Complaint by William Monteith of Caribber, merchant burgess of Edinburgh, as follows :” On 11th July, 1639, Sir Alexander Nisbitt of that Ilk and Philip Nisbit, his son, were put to the horn at the complainer's Instance for non-payment of certain debts, and they remain thereat contemptuously, possessing their houses "" as strenths of warre aganis the ordinarie executioun of the lawes so as none darre adventure to putt the same in executioun aganis thame."" Charge having been given to these persons and the pursuer compearing personally but not the defenders, the Lords ordain macers, heralds and pursuivants to charge the latter and all keepers of their houses of West Nisbit and Rummiltounlaw to deliver the same, and the defenders themselves to enter within the Castle of Blacknes upon the pain of treason. "
5. ↑ In 1641 the creditors began to grow troublesome, and in the following year several apprisings were led against West Nisbet. In the executions attached by the officers to these judicial processes they state that "they passed to the place of West Nisbet, where Sir Alexander had his residence when within this realm," and found neither property in the castle nor stock on the lands. Sir Alexander was duly put to the horn need to find original reference-until then claimed NESBITT FAMILY OF CORGLASS EMATRIS MONAGHAN BY ROBERT NESBITT
6. ↑ Register of the Privy Council by P Hume Brown 2nd series Vol VII 1638-1643-522
7. ↑ Register of the Privy Council by P Hume Brown 2nd series Vol VII 1638-1643-510
8. ↑ Register of the Privy Council by P Hume Brown 2nd series Vol VII 1638-1643-534
9. ↑ Register of the Privy Council by P Hume Brown 2nd series Vol VII 1638-1643 -194
10. ↑ Register of the Privy Council by P Hume Brown 2nd series Vol VII 1638-1643-219, 220
11. ↑ 1642 Complaint by Mr Andrew Ramsay, minister at Edinburgh, Mr Robert McGill, advocatc, and William Monteth of Carribber, for themselves and the other creditors of the Laird of West Nisbit, being " above,' fourscore persons quhairof manie ar orphans, wedowes and others helpelesse " people, as follows : ” They are much prejudged in the sums due to them by the said Laird, which amount to 80,000 merks more than his estate is worth, and they have been at great charges in following out legal methods against him, having at last obtained the Council's warrant for rendering of his houses of West Nisbit and Rummiltonlaw. But this has been suspended by the Lady of West Nisbit, who keeps the house of Rummiltounlaw, uplifts the rents from the tenants, and by *' her bangsterie and oppressing cariage " renders void all the complainers' expensive procedure, which can never prove effectual as long as she keeps that house. These five years past " they have beene defrauded of their moneyes, stock and brock, and ar likelie still to suffer in that kynd." Many of the poor creditors have nothing to live upon but what is in the hand of the said Laird; and the complainers believe that had they been heard at the granting of the said suspension the Council would not have yielded to the weak reasons of the Lady, whose purpose is merely to hold to the house until she secures this year's crop by violence from the tenants and not to discuss her suspension. Charge having been given to the said Lady West Nisbit, and the pursuers compearing personally with a great number of the other creditors of the said Laird, and the lady compearing by Sir Alexander Swintoun of that Ilk, who produced the letters of treason and suspension above mentioned, the Lords, after hearing parties, find the letters of treason orderly proceeded, and ordain them to be put to further execution notwithstanding the said suspension, Register of the Privy Council by P Hume Brown 2nd series Vol VII 1638-1643-366, 367
12. ↑ 1642 Sir Alexander Nisbet (Nisbitt) of that Ilk his creditors obtain letters of treason against his lady, --#236. Summons at the instance of Mr Andrew Ramsay, minister at Edinburgh, and others, creditors of the Laird of Westnisbet against Lady Westnisbet, to compear before the Lords at Edinburgh on December instant; as in complaint narrated ante, p. 366. The summons is dated at Edinburgh, 6th December, 1642, and signed ARCH Primrose, Cler. S. Cons. On the back there is a draft of the decreet in the case. #237. Summons at the instance of Dame Katharine Swintoun, Lady Wes[tnisbet], narrating that her husband's creditors, in the name of William Monteth of Caribber, who is one of them, intend to charge her the upon letters of treason to surrender her house of Rummiltounlaw, and this, she represents, will be very hard upon her, as not only did her husband receive 20,000 merks of tocher with her, but not many years since, on her brother's death, he received other 80,000 merks, with which he purchased the house and lands of Rummiltounlaw in which she is infeft. She is thus the most considerable creditor of her husband and ought to be preferred. Moreover, she has no other house to remain in but this of Rummiltounlaw so dearly acquired by her own means ; nather can it consist with equitie and conscience that for her husbands miscariage, quhairof she is innocent, she sall be turned out of doores and stripped naiked of a roume to dwell in or of meanes to live by," especially seeing the creditors are in possession of her husband's whole estate and may also have possession of his house of West Nisbet. Charge is hereby given to the said William Monteth to compear before the Lords at Edinburgh on l7th January next and see the said letters suspended; and meanwhile the Lords suspend the same in so far as concerns the house of Rummiltounlaw till 20th January. The summons is dated at Edinburgh, 6th December, 1642, and signed Arch. Primerose, Cler. S. Cons. On the margin is noted, "20 December, 1652, Suspender be Swinton; charger personallie, with the remanent creditors. The Lords recommends to the Earle of Southesk and Lord Register to setle the parties. 27 December, 1642; preservibvs ut supra; The Lords finds the letters orderlie proceedit, notwithstanding of the suspension and reasons thairin conteand, quhilks the Lords finds not to be relevant to suspend the charge." On the back are noted two executions by James Graham, messenger, on 14th December, 1642, (1) against the said William Monteith, personally apprehended; witnesses, John Strattoun, younger, writer in Edinburgh, and William Law, notary ; and (2) against James [torn] herald, at his dwelling house in Edinburgh ; witnesses, William Law, notary, and James Wold, servitor to Lady Westnisbet. Register of the Privy Council by P Hume Brown 2nd series Vol VII 1638-1643-573
13. ↑ 1642 Sir Alexander Nisbet (Nisbitt) of that Ilk his creditors obtain letters of treason against his lady, -243. Note of execution on 12th December, 1642, by John Purves, 12th messenger, of a summons at the instance of Mr Andrew Ramsay, Mr Robert MacGill, and William Monteithe, for themselves and the rest of the creditors of the Laird of West Nisbett, against Dame Katherine Swyntoun, Lady of West Nisbet, personally apprehended in RummiltounLaw; and, as she would not receive a copy of the summons to compear before the Council on 20th December, it was left affixed to the lock of the gate thereof; witnesses, William Anckim in Kelso, John Lowrie and Robert Swyntoun, servitor to the said lady Register of the Privy Council by P Hume Brown 2nd series Vol VII 1638-1643-577