The Toschoch's (Tosh's) of Monzievaird & Environs ------------------------------------------------- (c) David Powell, http://roots-boots.net/ft/names.html Last revision: 30th December, 2003 Introduction ------------ TOSCHACH, TOSHACH, TOSHAK. Derived from the gaelic 'toiseach', meaning chief, leader or front man. An ancient gaelic title ranking next to the mormaer. The word appears in Wales as 'tovisaci' (in Welsh: tywysog) and on early British coins as the latin form of 'tascio'. Earliest known instance of the name was of Simon Tuschech or Tuschecce who witnessed two charters by John, Earl of Huntingdon (near Edinburgh and a title born by Scottish princes in the same way present-day British princes are titled "Prince of Wales") in favour of the Abbey of Arbroath in 1219 and 1237. The family of Toschach of Monivaird or Monzievaird in Atholl, Perthshire, now extinct (the title, that is), derived their name from this title, the equivalent of the Saxon 'thane'.[2] The Toshes (or Toschoch's) of Monzievaird, in Strathearn, were derived from the Thanes of Strowan ("The Highland Clans, Sir Ian Moncreiffe, p. 126, cited by [36]). MacIntosh is also derived from 'toiseach', in this case via 'Mac-an-Toisich'.[36] The Toschoch's of 'Monyvard' had as their coat of arms: "G spoll nz MA surmounted on a fess checkie of ye last AZ." Translated: Gules (Red) shield two pole-axes palewyas argent (Silver Vertical surmounted by a Fess (horizontal Bar) checkie (Squares) of ye last (mentioned Silver) and AZ (Azure).[39] It has been speculated[39] that the Toschoch's of Monzievaird held the rank of barons, however I have not found any documented evidence for this. Another rendering of the arms comes from the "Public Register of all Arms & Bearings in Scotland" for David Toshach of Monzievaird in 1672: "Gules two poleaxes in pale Argent, overall a fess chequy of the Second and Azure. On one helemet befitting his degree with a mantle Gules doubled Argent and weath of his colours is sett for his crest a sinister sinister hand issueing out of the torse and thereon a falcon riseing all Proper. The motto in ane escroll "Maha - an Toshach" (lit. "The leader is good").[49] Since this is similar to that noted above, it is likely the arms of the family rather than David's personal arms. In 1672, when the then Laird Toshach, David, registered his arms, as required by law, he preceeded the description of his arms with: "David Toshach of Monievaid, of the Ilke, whose predecessor was descended of the Great Mcdudd Thane of Fyffe about the time of King Malcolme Kenmor's reigne and the killing of Mcbeth ..."[49] McBeth or Macbeth, upon whom Shakespear's Macbeth was modelled, was killed in 1057 by Malcolm (1031-1093), son of King Duncan I and who reigned as King Malcolm III from 1058 to his death in 1093. What evidence, if any, David had for this claim is unknown. "Pit and Gallows" was a charter given by the King to the chiefs to enable them to keep law and order within their own estates. The Laird Toschoch's of Monzievaird were accustomed to hang or behead a man on the first day of every month at Torn-an-Tosach, an act apparently designed to prevent loss of this feudal right.[39,41] "Laird (lord) Toschoch was, however, one of the first to give up this right when the 'Act of Heritable Jurisdiction' came into force.[39] The act virtually freed the clansmen from the authority of their chief and had in many ways a similar effect to the abolition of slavery, with the chief being left with little but his title and estates."[39] Just which Laird Toschoch this quote refers to is unknown. The act in question was passed in 1747,[45] well after the last Laird Toschoch (who died 1689[31]), however by this time the system of Heritable Jurisdiction had become obsolete across much of Scotland and it was in fact just one of a series of acts dating back to at least the reign of James I of Scotland in order to limit the powers of chiefs and lairds. Geography --------- Monzie, Monzievaird, Inchbrakie, Dollerie, Ochtertyre and Culcrieff are all within 5km's to the north or north-eastof the city of Crieff in southern Perthshire. The location of Pittenzie is uncertain, however it was located in the parish of Monzie (as of the 1600's and 1700's) and in 1810 was referred to as 'Pittendynte Farm'.[9] Possibly present day Pittentain, just to the south of Crieff. At this stage the location of Glentorade is unknown, but is presumed to be in the Crieff area. Methven (or Mekven) has had an on and off association with the Toschoch family from 1443 to the 1680's. Whether the various references to "Mekven" [sic] all refer to the same location or not is unknown. Methven lies between Crieff and Perth, about 1/4 the distance out from Perth. Methven is a parish in it's own right. There are references to a Methven in the parish of Monzie.[9] The property that David Toschoch mortgaged in 1615 was in the parish of Methven.[9] "MONZIE (just to the north of Crieff) is Mugedha, 1226/34 (Chart. Inch.), Muyhe, 1226/34 (Reg. Inch.), Moythethe, 1282 (Chart. Inch.), now in Gaelic Magh-eadh. The second part is probably for eadha, earlier etho, the genitive sg. of O.Ir. ith, corn, later iodh, as in G. iodh-lann, a cornyard; the old name would thus be mag n-elho, 'plain of corn,' represented very well by the old spellings, which however rather strangely omit the n preserved in the English form."[37] "MONZIEVAIRD in Strathearn, near Monzie, is Muithard 1200 (Chart. Inch.), Monewarde 1203, ib., Moytheuard 1234, ib. ; Moeghauard c. 1251 (Skene, P.S.), also Morgoauerd (read Mog-), in Gaelic now magh bh_rd, correctly translated 'bardorum campus,' 'plain of the bards,' in the Cronicon Elegiacum (c. 1270). As the old form would be strictly mag mbard (for mag nbard), pronounced magh mard, which could not result in 'Monzie-vaird,' it is probable that the latter has been influenced by the neighbouring Monzie."[37] Monzievaird is pronounced Monyvard. The site of Tosach Castle is in present day Glenturret, site of Scotland's oldest distillery, 'Glenturret',[3] midway between Brae of Monzievaird and Loch Monzievaird. The remains of Tosach Fort are nearby, just outside the town of Hosh. The lands of Monzievaird were sandwiched between the Graham's in the east and the Murray's in the west and there is ample evidence that there was considerable inter-marriage between the Murray's and the Toschoch's (and the Graham's too, for that matter) and parts of Monzievaird were handed over as marriage gifts. Much of the original estates were whittled away by this process and the last remaining part of Monzievaird was said to have been sold by the then laird to Lady Murray, who did the negotiation unbeknowst to her husband, Sir Patrick Murray.[9,39] Sir Patrick evicted the tenants from the castle and outbuildings,[39] and at some latter stage either Sir Patrick or a descendent had the castle razed.[3] In 1457 the Thanage of GLENTILT consisted of 17 townships.[34] "The thanedom of Glentilt, held from the lords of Atholl, was situated in the single of country between the angle of country between the lower waters of the Tilt and the Carry [Garry], and the first of the thanes of whom there is record was Ewen (Eugenius), of the family of the Isles (Macdonald), to whom a charter of the thanage was granted by Robert the Steward of Scotland and Lord of Atholl (afterwards Robert II) about 1345-7."[36] {This places the thanedom near the intersection of the Garry and Tilt (rivers), however the Glen Tilt enters the Garry at almost a right angle, so which side, if not both, of the Glen Tilt was part of the thanedom is unknown. To further complicate matters, Blair Atholl and Blair Castle (presumably the seat of the Earl of Atholl) are at the interesction of the two rivers and these would not have been part of the thanedom.} The area surrounding Glen Tilt is mountainous, reaching heights in excess of a kilometre above sea level to either side of the Tilt. Habitable land mostly being restricted to the Glen Tilt ("Valley of the River Tilt"). Lairds of Monzievaird & Monzie ------------------------------ From at least 1470 to 1477, the title of Monzie was held by William Scott,[9] and had passed to the Toschoch's by 1500. In 1570 the estate passed into the hands of Alister McNab and the title "Laird Toschoch of Monzie" became extinct, having lasted at least 70 years. By 1601 it had passed into Graham hands where it remained until at least the mid 1800's, although from 1764 to 1819 part of Monzie was in the hands of the Campbells.[9] The situation for Monzievaird is less clear. Prior to 1400 at least part of Monzievaird was in the hands of the Murray's.[9] From 1500 (or earlier) to 1684 (when the then laird Toschoch disposed of the remainder of the estate and left for the America's, dying there in 1689) it was in the hands of the Toschoch's. Subsequent to the departure and demise of the last Laird Toschoch of Monzievaird at least parts of Monzievaird belonged to the Graham's.[9] Monzievaird was, however, the town, the parish and the barony, the latter including the Methven lands which seem to have intermittently belonged to the Toschoch's.[9] The title itself, "Laird Toschoch of Monzievaird" survived for at least 184 years before becoming extinct. Whilst the titles themselves became extinct in 1570 and the 1680's, respectively, Toschoch's continued to live in both Monzievaird and Monzie until at least the 1800's - descendents of collateral lines, inheriting the surname but not the title or estates.[5] Whilst these collateral lines are poorly documented, if at all, it is clear that they were living in Monzievaird and Monzie contemporarily with the Laird Toschoch's (for example [5], [20]). Laird Toschoch's of Monzievaird: John, died by 1509 Andrew, 1509-1514 {brother of John} David, 1514-1548 {brother of John} Andrew, 1548-1599 {son of David} Edward, 1600-1610 {son of Andrew} David, 1610-1668 {son of Edward} David, 1668-1684 {grandson of David} Caveat & Note(s) ---------------- One of the great difficulties with medieval research is that births and/or baptisms are rarely recorded. Generally the holder of a title (such a Toschoch of Monzievaird) was succeeded by his eldest surviving son (or the husband of the eldest daughter if there are no sons). Thus successive holders of a title with the same surname are likely to be father and son. Often the fact of succession is the only evidence that one is the son of his predecessor. Other scenarios are, however, possible. A son-in-law may take the surname of his father-in-law; alternatively the title holder may die without issue and the title passes to a male kin, most likely the next eldest brother, although lacking a brother, an uncle, cousin or nephew may inherit. In some cases it can be documented that a particular title holder is the son of his predecessor, however this is the exception, not the rule. Given this, whilst the details given below are documented (unless otherwise indicated or are obviously estimates, eg of births), relationships are often not documented, unless otherwise noted. This is, however, fairly common in medieval genealogy. Note that in the following, when it refers to, for instance, "Andrew, Laird Toschoch of Monzie", that should not be taken to mean that Andrew is the sole laird (lord) _in_ Monzie. In this case Monzie is a parish, a town and a castle. Andrew originally possessed the title to "1/4 of Monzie" - whether this referred to 1/4 of the parish or 1/4 of the town is not known. Regarding the Toschoch's of Monzievaird - at least in the first century, the Toschoch's appeared to have been sole title holders for Monzievaird (both parish and town? and what of the supposed barony?), however in the latter years parts of the estate were steadily sold off until the last remaint was sold, presumably by the last laird, David, who emigrated to the American Colonies. ************************************************ 1. Andrew Toshach [Andree Toische], born before 1420. Received charter for Mekven (Methven) in 1443.[23] Resigned his lands of 'Brewland of Mekven' (Methven), Perthshire (about 9km east of Perth), into the king's hands in 1450, who in turn granted them to the Abbey of Inchaffray.[2,39] Sometime between 1371-1390 the 'Brewland of Methven' was granted to 'William filio Willielmi' (William son of William) by the king, Robert II.[19] Interestingly, by 1509 Methven or parts thereof were again in Toschoch hands.[26] child of Andrew Toische: i. Finlay Toschach.{2} 2. Finlay Toschach, born before 1460,[18] died in or after 1516.[2] 'Son of Andrew' and about 1502 was the thane of Glentilt, Perth.[2] (Glentilt or Glen Tilt follows the River Tilt, running north-east from the mouth of the R. Tilt at Blair Atholl). "The descendents of this Finlay, having, like him, turned their Saxon title of Thane into a Gaelic designation of Toschach, founded a family called 'Toschach of Monivaird'."[2] In 1516 Finlay (Tosscheach) was of Pitteinzie and appeared on an inquest in Atholl.[2] (There is a Pittenzie Road in Crieff, Perth, leading to the village of Pittentian, however there was also a Pitsindy or Petsandy in Glentilt [3], exact location unknown). While there may be no connection, in 1425 the thanedom of Glentilt was granted to John Finlay, bishop of Dumblane, Perthshire.[34] Shortly after his death (1456), his son resigned the thanedom and moved to Cupar Grange, Forfarshire, although he continued to use the title until at least 1480.[34] The Earl of Atholl then granted the thanedom to his son (the Earl's), John Stewart, in 1457 who retained it until 1501.[34] Finlay Toschach's connection to either of these families is unknown, however his christian name does suggest some connection with Bishop Finlay. It is presumed he gained the thanedom in 1501/1502, but did not retain it for long - the thanedom was dissolved in 1502,[35] at which time Finlay no doubt became known as 'Finlay of Pittenzie', a title he held in 1516. children of Finlay Toschoch: i. John Toscheoch, born before 1480 {was of age 1500}. First known Laird Toschoch of Monzievaird {John's presumed father was Laird of Glentilt and latter of Pitteinzie and was alive after John aquired the Monzievaird charter indicating that John did not inherit Monzievaird from his father. Possibly it was a marriage gift/dower or John purchased the estate and title}. On 7/11/1500, John Toschoch of Monzievaird along with Robert Murray of Culcrieff, Lord Drummond (Steward of Strathearn) and several others were mentioned in an act against them by the council "on the King's behalf.[24] John was succeeded by his brother, Andrew, by 1509,[26,48] indicating that John was dead by then and that he had no surviving issue. ii. Andrew Toschoch, born before 1480 {was of age 1499}.{3a} iii. Fergus Toschoch. In 1501 Sir Fergus Toschoch, bastard, was granted precept of legitimation.[20] iv. David Toscheoch, born before 1480.{3b} v. James Toscheoch. In 1544 James witnessed the confirmation of David's charter for Monzievaird.[2] James witnessed another charter in 1544/1545.[46] It is presumed James was a younger brother or half-brother. James was killed in in the Battle of Pinkie, 1548.[20] At the time James was living in Balmade and was listed as a bastard.[20] 3a. Andrew Toscho/Toschoch. Born before 1480 [was of age by 1499]. In 1499 Andrew is mentioned as a witness.[26] Received charter for 1/4 of the lands of Maggye (Monzie), 1500/1501, subsequently known as 'Kepnat Laneyie' and which remained in Toschoch hands until 1570 when it was gifted to Alister McNab, grandson of Andrew.[20] In 1509 Andrew was described as 'Laird of Monzievaird, Glentorade and Makevene',[26] {Makevene is Methven}, having received the charter for Monzievaird in 1509.[47] In 1514 the charter for Monzievaird was aquired by his brother, David.[8] Laird of Monzie, 1514.[9] In 1514 Andrew posted bond to Lord Drummond for the sealing of a contract between Alexander Maxtone and Anna Lindesais, widow of George Murray.[9] Andrew was still alive and had title of Monzie in 1535.[10,27] In 1535 Andrew sold his half-share in the lands of Dalpatrick (just south-east of Crieff, near the Haughs of Pittentian) to John Drummond of Innerpeffray.[27] The previous year Drummond had purchased the other half of Dalpatrick from Tristriam Gorthy who, in turn, bought the land in 1507.[27] The Drummond's still have Salmon Rights in Dalpatrick today.[3] While not stated in the 1507 charter, it is possible that Gorthy aquired the land from Andrew Toschoch, which may, in turn, have been part of Finlay Toschoch's original Pittenzie possessions {did Finlay split the estate when Andrew came of age?}. In 1546/1547 Andrew, along with Thomas Toschoch (possibly a nephew or son) were charged with treason for plotting against the tutour and guardian of Mary, Queen of Scots (along with several 100 others).[20] In 1553 Andrew confirmed his son, Andrew Jr, as heir.[20] Andrew (Sr) was dead by 1558 when his son was described as 'of Monzie', (ie: the laird).[20] children of Andrew Toschoch: i. daughter Toschoch, born before 1530. Married unknown McNab. Child: Alister (born before 1550).[20] In 1570 Alister was gifted the part of Monzie that was granted to Andrew Toschoch in 1500/1501.[20] ii. Andrew Toschoch. Second Laird Toschoch of Monzie. Was confirmed as heir of Andrew of Monzie in 1553.[20] Had inherited the title and charter by 1558, when he was declared a fugitive for being absent, along with his half-brother (John), from the army at Langtoun and Dun.[20] In 1570 the Toschoch lands of Monzie were gifted to Andrew's nephew, Alister McNab.[20] Andrew probably died around 1570. Since the property went to his nephew, it would seem that Andrew probably had no surviving children to inherit. The title, Laird Toschoch of Monzie, presumably became extinct upon Andrew's death. iii. John Toschoch (half-brother). Married Helene Edmonston by 1543.[46] In 1543 bought Culcrieff from John Maxtone, son of William Maxtone and burgess of Edinburgh.[21,46] In 1558 John (still of Culcrieff) was declared a fugitive, absent along with his half-brother from the army at Langtoun and Dun.[20] iv. Thomas Toschoch. Possible son. In 1546/1547 Thomas, along with Andrew (1st Laird Toschoch of Monzie), were charged with treason for plotting against the tutor and guardian of Mary, Queen of Scots (along with several 100 others).[20] Thomas may have been Thomas of Pettinze, son of David, below. 3b. David Toschoch/Tosoch, probably born before 1480.[17] 3rd Laird of Monzievaird, Perthsire, Scotland, early 1500's.[1] David took over the charter for Monzievaird 26/5/1514.[8] David's charter for Monyvaird (Monzievaird) was confirmed in 7/2/1544-1545.[2,8,46] Died by 24/4/1548.[8] Married Elizabeth Campbell of Glenorchy, Argyll.[5,8] Elizabeth, daughter of Sir Duncan Campbell and Margaret Douglas of Glenorchy, was baptised 8/1481.[16] children of David Toschoch and Elizabeth Campbell: i. Andrew Toscheoch.{4} ii. William Toscheoch, born before 1516, Monyvarde (Monzievaird), Perth.[2] In 1536 William was listed as a follower of the Earl of Argyll.[2] In 1561, along with his brother, David, was designated the curator (guardian?) of Isobel, elder daughter of Peter Reidheugh.[47] iii. David Toscheoch,[20] born before 1532. Was listed as a witness, Ile of Lochtay, 1552.[2] In 1561, along with his brother, William, was designated the curator (guardian?) of Isobel, elder daughter of Peter Reidheugh.[47] In 1566/1567 David, along with his brother Andrew and Thomas Toschoch of Pittinzie, forfeited ("escheat") goods (value unstated) to Robert Murray of Abercairny for their 'slaughter' of John Murray, brother of Patrick Murray of Ochtertyne.[20] In 1573 David, along with Andrew, son of 'Farquhar Toschoch (deceased)' [who was Farquahar?], was forced to make a further 'gift of escheat' to John, Earl of Montrose, for the slaughter of John Murray.[20] {John, Earl of Montrose, was related to the Murray's of Abercairny, as was Andrew of Monzievaird, by marriage.[8]} iv. Thomas Toscheach. Was mentioned in the marriage contract of his nephew, Alexander (see below).[8] Married the daughter and sole heir of Duncan of Pettinze, prior to 1557.[20] By 1566/1567 Thomas was laird of Pettinzie/Pittinzie.[20] In 1566/1567 Thomas, along with Andrew and David, forfeited ("escheat") goods (value unstated) to Robert Murray of Abercairny for their 'slaughter' of John Murray, brother of Patrick Murray of Ochtertyne.[20] Child of Thomas Toschoch and unknown Pittenzie: i. Duncan Toashach, born about 1550.[5] Lived Monzie, Perthsire.[5] Married unknown. Children: Edward (c.1577) & Duncan (c.1579), born 'Monzie', Perth.[5] {Dates & locations for Duncan and his children are to be taken with some degree of skepticism, given their source.} A Duncan and James Toscheach appear in the muster roll of the laird of Glenurquhay in 1638.[33] Possibly Duncan Jr, above, or sons of Duncan Jr or Edward. 4. Andrew Toscheoch, 4th Laird of Monzievaird.[8] Confirmed the heir apparent of David Toschoch on 4/10/1539.[8] Inherited title and estates 24/4/1548 (incidently, this was the same date that William Murray of Abercairney inherited).[8] Was alive in 1578,[20] died by 25/7/1599.[8] In 1566/1567 Andrew, along with his brother David and Thomas Toschoch of Pittinzie, forfeited ("escheat") goods (value unstated) to Robert Murray of Abercairny for their 'slaughter' of John Murray, brother of Patrick Murray of Ochtertyne.[20] Married, 9/2/1544-1545, Jean Murray (Jonet Moray), daughter of John Moray (Murray) of Abercairney and Nicholas Graham.[8] Janet and Andrew were close kin, however they were granted dispensation to marry 10/2/1544-1545 by David, Primate of Scotland.[10] (Note that the dispensation was granted after the marriage occured.) There is a rather interesting story told about one of the Monzievaird Toschoch lairds: "There is a story told locally round Crieff that the chief had been to foreign wars and brought home a 'Foreign Fairy', whom he lodged in a cave on the banks of the Turret. His wife became jealous and on his leaving the bed chamber one night she tied the end of a ball of yarn to one of his coat buttons. She then followed him to his meeting place and found him 'whispering sweet agreeables in the ear of a beautiful lady'. She immediately charged him with infidelity and demanded the despatch of this female. Legend even pinpoints the trysting place: a cave, deep in the ravine created by the River Turret. Certain historical facts would support some of this story. Around this time the King had issued an order to the Barons in Perthshire to rally their followers to go to the aid of France. Could the 'Foreign Fairy' possibly been a French damsel the Chief returned home with? In the 'Antiquities of Leith' Toshach of Monyvaird is mentioned as being excused the raid on Leith. This at a time when the Scots asked the English for help in ousting the French Garrison who held the Fort of Leith ... there was much slaughter [of Scots] around the walls of the fort [and] Queen Mary of Lorraine .. is said to have seen the bodies lying around the fort, victims of the French defenders. She danced with joy and said 'Rarely had he seen such a beautiful tapestry' so perhaps Toshach did well to be excused under the special license granted to him."[39] The raid on Leith mentioned in this story occured in April, 1560, the details of which match very well those given in the story above.[40] At the time of the battle, the Laird of Monzievaird was Andrew (held the title 1548-1599), so it would seem clear that the Laird Toschoch in the story with the "foreign fairy" (or a mistress, stripping away the romantic fantasy) was Andrew. An even more romanticised version of the story holds that after the "fairy fled, the power of the Tosach departed also. The inhabitants rose against him, and he had to seek refuge abroad.[41] This version was written in the 1800's and has likely combined events from Andrew's time and that of David, the last laird of Monzievaird, who indeed fled abroad.[see below] The king mentioned above was James V. James and Mary were the parents of Mary, Queen of Scots, and after James' death Mary of Lorraine was the regent for her daughter, until her death in 1560.[40] Curiously, a few years before the battle of Leith, Andrew's cousin, Andrew, Laird Toschoch of Monzie, was charged with plotting treason against Mary of Lorraine (as regent) along with a Thomas Toschoch, who may have been a son of Andrew of Monzie or the brother of Andrew of Monzievaird.[20] This suggests there may well have been a degree of dissention, if not even outright hostility, between the Monzie and Monzievaird Toschoch's during the 1550's, with one laird actively opposing Mary Queen of Scots and the other, if not a supporter, then remaining neutral. Despite the Monzie Toschoch's being on the 'winning side', the line of the Laird Toschoch's of Monzie became 'extinct' within 10 years of Mary's death. children of Andrew Toschoch and Janet Murray: i. Edward Toscheach.{5} ii. Alester (Alexander) McAndro Tossoche. In 1577 Alexander was granted lands by his father, Andrew, ownership reverting back to Andrew 1577/1578.[8,20] Was fined in 1613 for harbouring members of the outlawed Clan Gregor.[2] Married Elizabeth Murray,[5] 29/11/1576.[8] Elizabeth was the daughter of William Murray of Letterbannochy.[8] Child: Alexander (c.1581).[5] iii. Margaret Tossach. Married David Murray, second Laird of Dollerie, 1568.[3] Dollerie (land and title) has remained with the descendents of David and Margaret up to the present day and are also amongst the ancestors of the Earls of Dysart and Lords Huntingtower.[3] 5. Edward Toscheach,[5] born 1545-1550.[15] 5th Laird of Monzievaird.[8] Was mentioned in the marriage contract of his brother, Alexander (see above).[8] Died 1610.[7] On 4/4/1600 Edward gave a guarantee of 300 marks to Donald Monteth (or Menteith), Baron of Carwhin, not to harm Sir Duncan Campbell of Glenorchy (ie: Edward paid off Donald Monteith so that he would not attack Sir Duncan, who was Edward's uncle-in-law).[8] Sir Duncan was known as the "Black Laird" and was accused by Monteith of burning Carwhin, was subsequently arrested and made to pay a 4000 mark fine (about 2000 pounds).[8] Prior to Edward's guarantee, Sir Duncan had paid (25/7/1599) a 3000 mark guarantee to Donald Montieth (ie: paid the sum in an attempt to settle a fued between them).[8] Given the three payments, one would be inclined to think that the accusations against Sir Duncan may well have been valid, despite his claim they were "false lies and inventions"![8] Sir Duncan was the uncle of Edward's wife and was mentioned in the earlier case.[8] Married Marjory Campbell,[5,8] daughter of John Campbell of Lawers and Beatrix Campbell (of Glenorchy and sister of Sir Duncan),[8] before 1580. children of Edward Toscheach and Marjory Campbell: i. David Toshoch, born before 1580.{6} 6. David Tosoch/Toscheach.[5,28] 6th Laird of Monzievaird.[3] Born before 1580 (he married in 1600). In 1607 David was a witness of a lease in Strathphilane, in which he was described as "apparent of Monivaird".[2,4] That is, he was of age, probably in charge of the estate and his father was still alive.[3] Inherited title 1610.[7] Died 1668.[7] In 1615 he mortaged an estate called "The Vaird" in the parish of Methven (Perthshire) comprising a 'toft' (homestead), several houses and surrounding land for the sum of 250 marks.[7] (What connection, if any, this estate had with the 'Brewlands of Mekven' owned by David's ancestor, Andrew, in the 1450's, is unknown.) David married Annas Graeme of Inchbrakie, Perth,[3,28] 4/4/1600, Inchbrakie, Perthshire.[6,28] children of David Toscheach and Annas Graeme: i. Andrew Toshoch.{7} ii. David Toscheach, born c.1607, Monzievaird, Perth.[5] iii. John Toschoch. Possible son. Married Janet Murray.[22] John and Janet both died 1667.[22] Possible child: David, married Isobel Martin before 1694 and living Monzievaird; while not the laird, David appears to have been fairly well off.[42] 7. Andrew Toshoch,[28] born between 1600-1620.[14] Died 1665.[22] {Note that Andrew died before his father (1668[7]), hence the successor to his father was Andrew's son, David, not Andrew himself}. Married Catherine Campbell,[7,9] 1641.[28] Catherine was born 1619/1620, Kenmore or Merchiston and is probably of the Lawers/Glenorchy Campbell's.[3,28] child of Andrew Toshoch and Catherine Campbell: i. David Toshoch.{8} ii. Margaret Toschoch.[32] Emigrated to America with her husband.[31] Was still alive 23/11/1710 when she filed a petition for the return of her husband's land grant.[31] The petition was finally approved in 1720, by which time Patrick Jr was listed as the heir.[31] Had Margaret died by then? Married Patrick MacGregorie.[3,29] Patrick was a soldier of fortune, serving in the English army in France under Charles I, achieving the rank of captain.[31] Upon returning to Scotland he became involved in the religious controversy of 1681-1682 and partly as the result of this emigrated to America with his brother-in-law, David,[31] 7th Laird of Monzievaird. {See also entry for David}. Was killed, 3/1691. Children: Hugh, John (1687), Patrick Jr., Catherine and Jane.[31,32] 8. David Toshoch/Toshack,[28,29] born between 1641-1654.[13] 7th Laird Toschoch of Monzievaird.[3,7,9] Inherited title in 1668 upon the death of his grandfather.[7] From 1674-1679 David was pursued for the debt (mortgage) incurred by his grandfather in 1615.[7,9] On the 12/12/1679 David resigned his ownership of the Methven property, 'The Vaird', which it passed into the hands of David Graham,[9] however he retained Monievaird (Monzievaird) and it's title.[7] On 16/3/1684 David aquired a 1/4th share of the Earl of Perth's 1/24th share of East New Jersey, in the American Colonies.[29] With his brother-in-law, Captain Patrick MacGregorie, David assembled a party of about 25 families (and servants),[29,31] thanks to a broadside advertisement circulated throughout Scotland in 1683/1684.[30] In 1684 David and his party travelled to America, nearly being sunk off the Capes of Virginia by a hurricane and limping into port at Bohemia River in the Chesapeake Bay.[30] From there they travelled overland to New Perth (or Perth Amboy), New Jersey.[29-31] From New Perth they traveled to their final destination, the area known today as Orange County, New York (then part of New Jersey), where they were the first white settlers.[29-31] In America David was known as "The Laird of Minivaird".[29,31] Along with Patrick, David established and operated a fur trading post by Moodna Creek on Sloop Hill.[31] David continued operating the trading post until his death in 1689.[31] In 1672 David was noted having the arms and motto: Shield: Gules two poleaxes in pale Argent, overall a fess chequy of the Second and Azure. Crest: A sinister hand and thereon a falcon rising all Proper. Motto: "Maha an Toschach"[49] Married Isobel Alan.[7,28] child of David Toscheach and Isobel Alan: i. David Toshack.[31] Died without issue.[31] With the death of David, son of David and Isobel, ends the direct line of the Toschoch's of Monzievaird. ************************************************ REFERENCES ---------- [1] "The Registrum Magni Sigilli Regum Scotorum" (The Register of the Great Seal of Scotland, "RMS"). Information from Ian Gammage. [2] "The Surnames of Scotland", Black, New York, 1945, p.776. Sources quoted: RAA, i, pp.57,97; Inchaffray Cartiulary, pp.143-144; "Legal Antiquities", Innes, pp.80-81; Athole, p.711; RSS, ii, p.2152; RMS, iii, p.3064; BBT, p.193; RPC, xiv, p.632; Laing, p.1526; BBT, p.398; Edinburgh Apprentices. [3] Comments & general unsourced information from Robert Maxtone Graham (18th Laird of Cultoquhey), Auchindinny House, Midlothian, . [4] "Laing Charters", p.1526. From: Robert Maxtone-Graham. [5] IGI, 1997 Edition (v.4.0). [6] IGI, 1997 Edition (v.4.0), F#: 1761065. Entry contains incorrect details listing Inchbrakie in Angus rather than Perth and the name of the spouse as Edward rather than David. Research by Robert Maxtone- Graham indicates the marriage was to David, not Edward. [7] Extracts from "Maxtone & Graham Charters", National Archives of Scotland (ref. GD 155, #158, 201, 205, 207, 384, 486). From: Robert Maxtone-Graham. [8] "Jehan de Monteth descend-il du comte de Montrose par les Moray of Abercairney". Originally from (site now defunct): [9] Extract from "Maxtone & Graham Charters", National Archives of Scotland (ref. GD 155, #342). From: Robert Maxtone-Graham. [10] Extract from "Maxtone & Graham Charters", National Archives of Scotland (ref. GD 24, #58). From: Robert Maxtone-Graham. [11] Gask Charter Handlist, Oliphant. From: Robert Maxtone-Graham. [12] Christine Tourenne, professional genealogist. Research ordered by Ian Gammage. [13] David's parents married 1641 and he was "of age" in 1674, indicating he was born between 1641 and 1654, probably closer to the earlier date. [14] Andrew's parents married 1600 and he was "of age" when he married in 1641, indicating he was born between 1600-1620. The dob for Andrew's brother, David, is uncertain. Since Andrew inherited the title, either he was the elder son or David died without issue. [15] Edward inherited the title so was the eldest son (to have children of his own). Since his parents married 1544/1545, it is likely he was born soon after. Edward may have been born as late as 1555, however this would be most unlikely as his brother, Alexander, married 1576, so was likely born before 1555 himself. [16] International Genealogical Index, LDS; 1994 edition, 1997 addendum (v.4.0); F#:455141. [17] David's wife was born 1481. Brides were generally younger than their husbands in this era (and social class), hence David was almost certainly born before 1481. [18] Finlay's son, John, was born before 1480, indicating that Finlay was born before 1460. [19] "The Pattersons, a Clan with no Chief", . [20] Extracts from 'Registrum Secreti Segili' (RSS) [Register of the Privy Seal], Vol. i, ?, 729; iii, 2170, 2700; Vol. iv, 2407, Vol. v, 83, 414, 3370; Vol. vi, 1344, 1925, 2055; Vol. vii, 780, 1421. From Robert Maxtone Graham. [21] Extracts from 'Registrum Magnii Segili' (RMS) [Register of the Great Seal], Vol. iii, 2968. From Robert Maxtone-Graham. [22] St Andrews, Edinburgh & Dunblane Tests (wills). From Robert Maxtone-Graham. [23] Exchequer Rolls, ix, p.658. From Robert Maxtone-Graham. [24] "Acts of the Lords of Council in Civil Cases", 17th Nov., 1500. From Robert Maxtone Graham. [25] Post to gen-medieval-L@rootsweb.com by Leo van de Pas, . Dated 30/10/1997, titled "Small things with enormous results". [26] RMS/RGS (Register of the Great Seal); Vol. ii, 2511 & 3342. From Robert Maxtone Graham. [27] Gask Charters (Collection in National Library of Scotland, Adv. MSS, p.32 & NRA 34972), #79, #97, #99. From Robert Maxtone Graham. [28] Murray of Ochtertyre papers in NLS, ref. Acc. 6026, 11041 (13th Cent. to 1968), NRA 20932, plus legal papers NAS ref. GD237/20; Murray of Dollerie papers, private collection, NRA 1052 & 17161; Graeme of Inchbrakie papers in NLS, ref. NRA 2445, 25438. From Robert Maxtone Graham. [29] Sharilyn Whitaker, . Post to Scots Origins mail-list, 19/2/2000, titled "The Laird of Minivaird, David Toshak b.ca 1675". Copy forwarded by Ian Gammage. [30] Jessie, . Post to Scots Origins mail-list, 19/2/2000. Reply to [29]. Copy forwarded by Ian Gammage. [31] Reply to [29]: Elaine Vinson, . Copy forwarded by Ian Gammage. [32] Letter from Sharilyn Whitaker, , to Lee Morse, dated 29/2/2001. [33] Rent Rolls, Dunfermline Abbey, 1555-1583. From Robert Maxtone Graham. [34] History of the Finlay Family. For example see: ; ; ; Descendants of Kenneth I Mac Alpin King of Scotland et al. [35] Cached copy of "Mackintoshes of Cams" on Google: , page originally at [page has been updated and no longer contains the pertinent information]. [36] "MacThomas Heraldry", ; and "Notes on MacKintosh Families", . [37] "History of the Celtic Placenames of Scotland", W.J. Watson, 1926, 1993 reprint, BIRLINN (Pub), Edinburgh, ISBN 1 874744 06 8; Quoted by "General Survey of Scotland North of Forth": . [38] Information from Ian Gammage. Material researched by John William Gammage, (deceased), sources unrecorded. [39] "The Nobility of Scotland or Bloodthirsty Ancestors", Peter Tainsh-Hardie D.A. (Edinburgh), in "Ancestor", 1988, winter issue. Copy forwarded by Sharilyn Whitaker, . [40] For example, "Encylopaedia Britannica", 15th Ed. (1974), Index & Micropaedia, VI, pp.663-664. [41] "Chronicles of Strathearn", by WB MacDougall, David Philips (Pub), Crieff, 1896. Chapter: "Plain of the Bards", by Rev A Gordon. Extract forwarded by Robert Maxtone Graham. [42] 1694 Monzievaird Hearth Tax List. From Robert Maxtone Graham. [43] Edinburgh Burgess Incorporations. From Robert Maxtone Graham. [44] Graveyard inscriptions, Old Monzievaird Church, now Murray of Ochtertyre Mausoleum. From Robert Maxtone Graham. [45] "The History Today Companion to British History", Juliet Gardiner and Neil Wenborn (Ed.), Collins & Brown (Pub.), 1995, p 382. From Ian Gammage. [46] Extracts from 'Registrum Magnii Segili' (RMS) [Register of the Great Seal], Vol. iii, 2968, 3064. From Robert Maxtone-Graham. [47] Extracts from RPC, Vol. i, 178. From Robert Maxtone-Graham. [48] Extracts from 'Registrum Magnii Segili' (RMS) [Register of the Great Seal], Vol. ii, 3343. From Robert Maxtone-Graham. [49] Letters from Elizabeth Roads, Keeper of the Records, Court of the Lord Lyon, New Register House, Edinburgh; dated 21/8/2003, 3/9/2003 & 9/9/2003. Extract from "Public Record of All Arms & Bearings in Scotland", 1672: David Toshach of Monzievaird (Vol. 1, Folio 218) & Alexander Toash of Aberdeen (Vol. 1. Folio 431). [50] "The Surnames of Scotland", George Black. Toschach & Tosh. [51] "Descendents of Alexander Toshoch of Aberdeen", from Ian Tosh, . Forwarded by Ian Gammage, 30/10/2004.