32 THE SCOTS PEERAGE Edinburgh : Printed by T. and A. CONSTABLE FOR DAVID DOUGLAS LONDON . . . SIMPKIN, MARSHALL, HAMILTON, KENT AND CO., LIMITED CAMBRIDGE . . MACMILLAN AND BOWES GLASGOW . . JAMES MACLEHOSE AND SONS SCO"S, ^ FOUNDED, ON WOOD S EITION OF SIR ROBERT peerage of CONTAINING AN HISTORICAL AND OF THE NOBILITY OP THAT KINDOM . ' - '• EDITED BY SIR JAMES BALFOUR PAUL LORD LYON KING OF ARMS WITH A:&MOJ!IAL ILHISTR^'TICiNS ' • 7 JL VOLUME JI - EDINBURGH : DAVID .DOUGLAS . 1905 All riglits reserved cs fit P35 V.1 CONTENTS AND LIST OF ILLUSTRATIONS PAGE BANFF, OGILVY, LORD, . V f, . ,, . "V. • , • W * With full-page Illustration. BARGANY, HAMILTON, LORD, . j / ;.,',; \ . > "Jri ><<•# £#! 27 BARRET OF NEWBURGH, BARRET, LORD .... 34 BELH A YEN, DOUGLAS, VISCOUNT, . r * : ' ; >'• ; * } : ' £ -T^ 1' l 36 BELHAVEN, HAMILTON, LORD, f&ffi tMTWXtil . '^^ 33 With full-page Illustration. BELLENDEN OF BROUGHTON, BELLENDEN, LORD, :. Aviv i 61 With full-page Illustration. BLANTYRE, STEWART, LORD, * :-Uw) , .; ^^1^ '•'.. .:\ .ji ' 77 With full-page Illustration. BORTHWICK, BORTHWICK, LORD, .^ , if _. : ,. 94 With full-page Illustration. BOTH WELL, MORAY, LORD OF, . ' . /' */ '.*' ." 120 BOTHWELL, RAMSAY, LORD, . ' . ' I'l". ' f T' • 132 BOTHWELL, HEPBURN, EARL OF, AND DUKE OF ORKNEY, . . , ,. ' . V .,'... . . 135 BOTHWELL, STEWART, EARL OF, , ?( . " ? > «-ri:-« 168 BREADALBANE, CAMPBELL, EARL AND MARQUESS OF, 174 With full-page Illustration. BRECHIN, BRECHIN, LORD OF, . . '. • ' * 215 BUCCLEUCH, SCOTT, DUKE OF, . '•'." "' .'* ' '. . . 225 With full-page Illustration. BUCHAN, COMYN, EARL OF, . -^J J ,/(*•-:<«•!>• rfH^ ^''JAv 250 BUCHAN, STEWART, EARL OF, > : v • • U ' /'Vfi:iV>{T'' ^'v'/V.V 421 CARRICK, BRUCE, EARL OF, . ' . ' . '!' . . . 428 CARRICK, STEWART, EARL OF, . ' • ' • '.'^ * '• ' 438 CARRICK, STEWART, EARL OF, . . . , fvrff. 44° CASSILLIS, KENNEDY, EARL OF, . . . , . f f. 443 With full-page Illustration. CATHCART, CATHCART, EARL, . ./:' Jf." . . . 503 With full-page Illustration. CHURCHILL OF EYEMOUTH, CHURCHILL, LORD, . ' * '( 532 COLVILLE OF CULROSS, COLVILLE, LORD, . V T V 535 With full -page Illustration. COLVILL OF OCHILTREE, COLVILL, LORD, ' .' / . 569 COUP AR, ELPHINSTONE, LORD, v,n. . .v,M> ,• , H • ' • • 576 CRAMOND, RICHARDSON, LORD, . 578 CRANSTOUN, CRANSTOUN, LORD, .i ,!.;!.?. ?! ,U^/,V;>IT*> .XX, 585 LIST OF CONTRIBUTORS TO VOL. II. J. A., . . . REV. JOHN ANDERSON, Assistant Curator His- torical Department, H.M. General Register House. R. E. B., . . . COLONEL THE HON. ROBERT BOYLE. C., . . . . THE RIGHT HON. THE EARL OF CASSILLIS. A. O. C., . . . ALEXANDER O. CURLE, W.S. J. C., . . . REV. JAMES CAMPBELL, D.D. J. B. C., . . . REV. J. B. CRAVEN. W. B. C., . . WILLIAM B. COOK. • % H. H. D., . . THE HON. HEW H. DALRYMPLE. W. K. D., . . WILLIAM K. DICKSON. A. T. G., . . . REV. ALEXANDER T. GRANT. F. J. G FRANCIS J. GRANT, Rothesay Herald. H. W. F. H., . . H. W. FORSYTH HARWOOD, Editor of The Genealogist. J. M., . . . JOHN MILNE, LL.D. J. R. N. M., . . J. R. N. MACPHAIL. J. MAcG., . . JOHN MACGREGOR, W.S. W. M., . . . WILLIAM MACMATH. J. B. P., . . . SIR JAMES BALFOUR PAUL, Lyon King-of-Arms. N. J. K. C. P., . N. J. KENNEDY COCHRAN-PATRICK. A. R., . . . ANDREW Ross, Ross Herald. A. F. S., . . . A. FRANCIS STEUART. J. H. S., . . . JOHN H. STEVENSON, Unicorn Pursuivant. W. W., . . . THE HON. WILLIAM WATSON. [The Editor has to acknowledge much valuable assistance given by the Hon. Vicary Gibbs, who has kindly read all the proofs of this volume.] 38anff OGILVY, LORD BANFF IB WALTER OGILVY of Auchlevyn and Desk- ford, Sheriff of Banff, third son of Sir Walter Ogilvy ol Lintrathen (see vol. i., p. 112), had, by his wife Margaret Sinclair, heiress of Deskford and Findlater, with other issue : — 1. Sir James of Desk- ford, ancestor of the Earls of Find- later. (See that title.) 2. SIB WALTER, an- cestor of the Lords Banff. SIR WALTER OGILVY of Auchlevyn and Boyne, the second son. On 27 July 1472 Walter of Auchlevyn is described by George, Earl of Huntly, as his * kinsman and squire.' To a letter of that date by the Earl, appointing Sir Alexander Home of that Ilk his bailie over the lands of Fogo in Berwickshire, he appends his kinsman Walter's seal.1 In Walter's accounts for the burgh of Banff from 20 June 1472 onwards, an annual payment of £4 is made to him out of the customs of the burgh, as bailie for 'Jonete, Lady Edmondistoune,' otherwise described as 4 Jonet of Edmonstoun of Tulyalone,' 2 and in the accounts for 1485-86 he is designed as ' Jonet's ' spouse.3 The lady's 1 Twelfth Rep. Hist. MSS. Com., App. viii. 138. 324, 475, 557, 635 ; ix. 160. 3 Ibid., 458. VOL. II. 2 Exch. Rolls, viii. 204, 2 OGILVY, LORD BANFF real name was Margaret, and she was one of the two heiresses of Sir James Bdmondstone of that Ilk. On 23 February 1485-86, by an agreement between Elizabeth Edmondstoun the other heiress of Sir James, and her husband Patrick Blacatir, on the one part, and Margaret and Walter on the other, the latter received the lands of Boyne in Banffshire, and the above annual of £4 in exchange for their share of the lands of Tuliallan in the stewartry of Strathearn,1 and from that date Walter is designed indifferently as of Auchlevyn, or of Boyne. In 1486 King James in. appointed him his body squire,2 and after the battle of Sauchieburn (11 June 1488) he filled a similar post in the household of King James iv., and became one of that monarch's most trusty friends and advisers.3 On 3 February 1489 he was elected one of the lords auditors,4 and on 5 May 1491, one of the five lords of causes on behalf of the barons of Scotland.5 In 1486 he acquired the lands of Baldavy from the Crown ; in 1492,6 Auchannochquhy from Huntly;7 in 1494, Regale from the Abbey of Arbroath,8 and in 1497 Inchdrewir and Kilbirny from the Grown,9 all these lands being situated in the county of Banff. In October 1494 he was appointed Sheriff of Inverness,10 in 1499 Chamberlain of Petty, Brauchly, and Stratherne,11 in 1500 Chamberlain of Moray,12 from 1502 onwards he was keeper of the Castle of Inverness,13 and in 1505 he was Sheriff of Banff.1* He was knighted between 4 July 1503 and 8 July 1504,15 and was still alive on 20 April 1507, when his liferent in Baldavy is reserved.16 He died prior to 7 August 1508." 1 Reg. Mag. Sig. , 3 March 1485-86. 2 Ibid. , 21 April 1486. 3 Ibid. , 3 Decem- ber 1495. 4 Acta Parl. Scot., ii. 220 ; Ada Dom. Cone., 137. 6 Acta Parl. Scot., ii. 224, 229. 6 Beg. Mag. Sig., 21 April 1486. 7 Ibid., confirmed 3 December 1495. 8 Reg. Nig. de Aberbrothoc, 287. 9 Reg. Mag. Sig., 25 May 1497. 10 Exch. Rolls, xi. 315*. n Ibid., 352. Petty is on the southern shore of the Moray Firth, about six miles from Inverness ; Brauchly is in the parish of Cawdor ; Stratherne is the valley of the Findhorn. 12 Ibid., 348. 13 Ibid., 315*. ™ Antiq. of Aberdeen and Banff , Hi. 580. ™ Exch. Rolls, xii. 127, 217; Twelfth Rep. Hist. MSS. Com., App.viii. 136 ; Records of King's College, Aberdeen, 49. The editors of the Spalding Club Miscellany appear to assign too early a date to the charter they cite (iii. 472) and to which Sir Walter Ogilvy of Boyne, knight, is a witness. 16 Reg. Mag. Sig. , 20 April 1507. 17 Ibid. , 28 November 1508. OGILVY, LORD BANFF 3 By his wife Margaret Edmondstone lie had at least seven children : — 1. GEORGE, ancestor of Boyne. 2. Sir William of Stratherne, Lord High Treasurer of Scotland. On 20 January 1506, King James iv., who designs William *familiaris suns,' granted him the lands of Gowny.1 On 20 April 1507 he had a Grown confirmation of Baldavy and Kilbirnie reserving his father's lifer ent.2 On 19 June 1507 he and his wife Alison Boull received a grant of the barony of Stratherne in the sheriffdom of Inverness,3 the reason assigned by tradition for the gift being that Alison was the first to make known to the King the birth of a son by his wife Margaret Tudor.4 On 10 Sep- tember following he had a Grown grant of Kynstaris in the sheriffdom of Nairn,5 which he afterwards sold; on 3 January 1507-8 the barony of Baldavy;6 and on 16 November thereafter a renewed grant of Baldavy was made to himself and his wife, who is designed in the charter ' servitrix regine.' 7 In 1510 he acquired Bogmochil, in the sheriffdom of Banff, from the Grown,8 at which date he is first designed miles ; and in 1512 from William, Earl Marischal, who speaks of him as his kinsman, Burn, Auchmullie, and Runtreiche in the sheriffdom of Banff.9 In 1503 the lands of Geddes, held ward from the Grown, were in possession of George, William's elder brother, and ancestor of Boyne, who disponed them to William.10 The latter also was Grown tenant of Oonniche, in the lordship of Petty 1502-8.11 On 7 March 1512-13 the King, for services freely rendered to him, not only within the kingdom, but also on repeated journeys on special services and business in the kingdoms of France and England, regranted him the barony of Stratherne, and various other lands and rights in the sheriffdom 1 Reg. Mag. Sig. , 20 January 1505-6. 2 Ibid. 3 Ibid. , 19 June 1507. 4 Macf ar- lane's Gen. Coll., i. 204. See also Treasurer's Accounts, iii., Preface, xxxi. 6 Reg. Mag. Sig., 10 September 1507. 6 Ibid. 7 Ibid. 8 Ibid., 22 October 1510. 9 Ibid., 6 March 1511-12. 10 Ibid., 17 March 1610 ; Cawdor Charters quoted in Laing's Supplemental Catalogue, No. 795. See also Family of Rose, 177, where George is designed ' of Geddes.' The Mackintoshes and Clan Chattan (New Edition), 110-11. " Exch. Rolls, xii. 166. 4 OGILVY, LORD BANFF of Inverness, including the tower of Hawhill, erected by Sir William.1 On 8 July 1504 he rendered his father's accounts for Petty and Brauchly for the year preceding. In 1507 he was chamberlain of Montblairy and other lands in ward of the King in the sheriff doms of Banff and Aberdeen by the decease of the Earl of Buchan. In 1509 chamberlain of Petty and Brauchly, in 1510 customer of Banff, and in 1512 chamberlain of Moray.2 He was one of the parties to the agreement with the Queen-mother, Margaret Tudor, dated 26 August 1514, under which John, Duke of Albany, was invited to Scotland as governor of the kingdom,3 and on 18 September following was one of the Lords of Council who decreed that the Queen, in virtue of her marriage with the Earl of Angus, had tynt the office of tutrix to the young King.4 In 1512 he was tutor to Walter Ogilvy, heir of Boyne, son of his elder brother George.5 On 3 January 1515-16 he was appointed Lord High Treasurer by John, Duke of Albany, governor of the kingdom,6 and held the appointment until his death, which must have occurred prior to 17 January 1516-17, on which date he is described as deceased, and his accounts are given up in his name by Mr. James Ourrour.7 His wife Alison Boull, who is first men- tioned in the Lord High Treasurer's Accounts under date January 1505-6 as the recipient of a golden neck- lace from the King,8 predeceased him.9 They had an only child — (1) John, designed variously of Stratherne, of Durne, of Car- nowseis, and of Sanquhar. In 1517 he, with his uncle and tutor, the Abbot of Dryburgh, obtained a decreet of spuilzie against the Mackintoshes for the destruction of Halhill and wasting of Petty, which had taken place during his father's lifetime.10 In 1531 he excambed Petty, Brauchly, and 1 Reg. Mag. Sig. 2 Exch. Rolls, xii. 217, 433 ; xiii. 332, 520; xiv. 98. 3 Ada Dom. Cone., xxvi. 109. * Ibid., 114, 117. 5 Antiq. of Aberdeen and Banff, iv. 95; see Exch. Rolls, xiv., where "Walter's name incessantly and incorrectly appears as 'Alexander.' He is correctly named 'Walter' in xv. 13 onwards. 6 Lord High Treasurer's Accounts, v. 58. He is so designed, 6 February 1516, in Reg. Mag. &ig. 7 Ibid., v. 89. 8 Lord High Treasurer's Accounts, ii. 177. 9 Reg. Mag. Sig., 15 Sept. 1516. 10 Spalding Club Miscellany, ii. 77. OGILVY, LORD BANFF 5 Stratherne with his uncle Walter for Carnowseis, and in 1532 he excambed Mekill Geddes and Rait with Sir John Campbell of Calder, for Moy.1 He sold Carnowseis in 1536 to his uncle Walter,2 and his barony of Baldavy in 1545 to Sir Walter Ogilvy of Boyne.3 He was killed at the battle of Pinkiecleugh, 10 September 1547. 4 By his wife Elizabeth Dunbar, daughter of Sir James Dunbar of Cumnock,6 who survived him,6 he left four children :— i. Alexander, who on 18 February 1555, with consent of his curator Thomas Menzies of Pitfoddells, Provost of Aberdeen, disponed his superiority of Geddes and Rait to Mr. John Campbell, prior of Ardchattane.7 He died a. p. 1555.8 ii. Margaret. On 24 December 1558, as elder heir-female of her brother-german Alexander, she had a precept of dare constat from William, Bishop of Aberdeen, of the Kirkton of Fordyce and other lands.9 Before 23 June 1563 she was married to Mr. Thomas Menzies of Durne, otherwise of Kirkhill and Pitfoddells, Provost of Aberdeen, immediate younger brother of Gilbert of Pitfoddells, Provost of Aberdeen,10 and had issue :— (i) Thomas, retoured his mother's heir 1 June 1586. u He married Elizabeth, daughter of Sir George Ogilvy of Dunlugus. See infra. (ii) Sir Paul of Kinmundy.12 (iii) Marjorie™ and (iv) Mariota.1* iii. Marjorie, married to Alexander Keith in Redhych ; contract of marriage dated 20 October 1564.15 Alexander Keith died 29 March 1575. 16 They had issue :— (i) Alexander.17 (ii) Gideon, portioner of Durne.18 (iii) Christian.19 (iv) Margaret.20 iv. Elspet, married Patrick Dunbar of Sanchar.21 They had an only son Walter, burgess of Banff,22 who on 15 May 1606 was served heir-portioner of Sir William Ogilvy of Stratherne, Knight, his great-grandfather, in one- third of the mill of Baldavy.23 3. Mr. James, Oommendator of Dryburgh. This active and distinguished ecclesiastic graduated at Aberdeen. 1 Reg. Mag. Sig., 28 April, 1 May 1531 ; Thanes of Cawdor, 154, 155. 2 Reg. Mag. Sig. , 3 June 1536. 3 Ibid. , 24 April 1545. 4 Thanes of Cawdor, 174. 6 Reg. Mag. Sig., 23 June 1553; Shaw's Province of Moray, ii. 318, where the marriage is given on the authority of the Westfield Papers. 6 Reg. Mag. Sig., 23 June 1553. 7 Thanes of Cawdor, 174. 8 Cal. of Deeds, H. M. Gen. Reg. Ho. 1768. 9 Original in Reg. Ho. No. 1768. 10 Reg. Mag. Sig., 12 May 1587. 1J General Retours, No. 8363 ; cf. Banff Retours, No. 21. 12 Antiq. of Aberdeen and Banff, i. 33. 13 Reg. Mag. Sig., 29 April 1592. 14 Ibid., 12 May 1587. 15 Reg. of Deeds, viii. 272. 16 Edin. Com., 2 January 1577. 17 Ibid. 18 Reg. Mag. Sig., 20 September 1594. 19 Edin. Test., 2 January 1577-78. » Ibid. 21 Reg. of Deeds, xi. 479. 22 Part. Reg. of Sasines, Banff shire, 16 July 1604. 23 Banff Retours, No. 22. 6 OGILVY, LORD BANFF Along with Monsieur de la Bastie, he was appointed, on 26 November 1513, Ambassador to Louis xn. of France, to confirm the ancient league with that kingdom, and to invite the Duke of Albany to Scot- land as governor.1 In the beginning of April 1514 he was acting as Master of Bequests to the young King.2 On 6 July in that year he is designed Rector of Kyn- kell,3 and from the frequent appearance of his name as witness to Grown charters, it is evident he was a close attendant at Court for a considerable period. On the death of Bishop Elphinstone of Aberdeen, 25 October 1514, Mr. James, then in France, was nomi- nated to the vacant see by John, Duke of Albany,4 but the benefice was conferred on Alexander Gordon, third son of James Gordon of Methlic and Haddo. (See title Aberdeen.) The earliest reference observed to him as Abbot of Dryburgh is on 24 September 1515.5 In a mortification dated 15 July 1516, by Sir William Ogilvy of Stratherne, he is designed Abbot of Dryburgh, and brother of Sir William.6 He succeeded his elder brother Sir William as tutor to their nephew Walter, the young heir of Boyne,7 and later filled the same office to Sir William's son and heir, John.8 He died at Paris 30 May 1518, and was interred in the church of St. Landrus in that city.9 4. SIR WALTER. 5. John, rendered the accounts of his father Sir Walter for the Ohamberlainship of Petty and Brauchly at Edinburgh, 12 August 1503.10 In 1505 he became Grown tenant of Oloanemore and Oallouchquhy, in the lordship of Petty.11 These lands, on 19 June 1507, were granted to Mr. William Ogilvy of Geddes and Alison Roull, his wife, and incorporated in the barony of Stratherne.12 As Chamberlain he rendered 1 Acta Parl. Scot., ii. 281, 282. 2 Reg. Mag. Sig., 2 April 1514. 3 Ibid., 6 July 1514. 4 Keith's Catalogue. 6 Treas. Ace., v. 40. 6 Reg. Mag. Sig., 15 September 1516. 7 Antiq. of Aberdeen and Banff, iv. 95 ; Exch. Rolls, xiv. 341. In the Antiquities cited, Walter of Boyne is designed ' nobilis puer nepos et hseres ' of Sir Walter of Auchlevyn. In the Frasers of Philorth, ii. 142, ' nepos ' is incautiously translated ' nephew ' instead of 'grandson.' 8 Spalding Club Miscellany, ii. 77-80. 9 Reg. Epis. Aber., ii. 207 ; Antiq. of Aberdeen and Banff, i. 572. 10 Exch. Rolls, xii. 58. 11 Ibid., 667-8. 12 Reg. Mag. Sig. , 19 June 1507. OGILVY, LORD BANFF 7 the account of Petty and Brauchly up to July 1509,1 in which year he was succeeded by his elder brother William in that office.2 He is not called in any of the settlements made by his brothers or cousins. 6. Jonet, married to William Gordon of Schivas, third son of George, second Earl of Huntly.3 They had a son, George Gordon of Gight, ancestor of Lord Byron. Jonet had a lease from the Abbey of Arbroath of certain teinds in the parishes of Tarves and Fyvie, 7 October 1526.4 7. Elizabeth, married to William Leslie of Balquhain.5 They had a charter of Syd, with the mill, 7 April 1514.6 She died in September 1518, leaving, with other issue, a son John, who succeeded to Balquhain.7 SIR WALTER OGILVY of Dunlugus. In 1517 Walter suc- ceeded his brother James, Abbot of Dryburgh, as tutor to their nephew John, son and heir of Sir William, the Lord High Treasurer, when he is designed 'of Baddy nspink. ' 8 In 1524, as ' magister stabuli domini regis et principalis dapifer,' he received an annual fee of 20 merks.9 From 1518 to 1525 he was tutor to Walter Ogilvy of Boyne, heir of his eldest brother George.10 He rendered the accounts of the bailies of Banff from 1518 onwards, and in the account of 1525-26 he is designed ' of Monycabock.' u His acquisi- tions of land were extremely numerous, and may be traced up to 1556 in the Register of the Great Seal. In 1538 his acquisitions to that date were incorporated in a barony called the barony of Dunlugus.12 He added other lands later. The date of his knighthood may be inferred from the entries in the Exchequer Rolls. Under date 26 July 1533, he renders his accounts as customar of Banff, as 'Walter Ogilvy of Stratherne,' 13 on 19 August 1534, as 'Sir Walter Ogilvy of Dunlugus, knight/ 14 His last account as custo- mar of Banff was rendered at Edinburgh 9 February 1557. 15 1 Exch. Rolls, xiii. 210. 2 Ibid., 332. 3 The Records of Aboyne, 54, 412. * Reg. Nig. de Aberbrothoc, 457. 6 Reg. Mag. Sig., 20 January 1505-6; Hist. Rec. of the Family of Leslie, iii. 25. 6 Reg. Mag. Sig. 7 Hist. Rec. of the Family of Leslie, iii. 25. 8 Exch. Rolls, xv. 30. 9 Ibid., 94. 10 Ibid., 73, 192, 371. n Ibid., 73, 191, 274, 362, 444, 513. 12 Reg. Mag. Sig., 13 December 1538. 13 Exch. Rolls, xvi. 235. 14 Ibid., 357. 16 Ibid., xix. 6. 8 OGILVY, LORD BANFF He was succeeded in that office by his son George.1 Called as a substitute in the Findlater entails.2 He maintained his post at the Court for many years.3 In 1543, when repre- senting the town of Banff in Parliament, he was elected one of the Lords of the Articles.4 In that year he signed Cardinal Beaton's bond against the English party,5 and was nominated one of the ambassadors to Henry vin.6 In 1546 he was a member of the Privy Council.7 He was provost of the burgh of Banff at least as early as 1541,8 and with the exception of the year 1549, when it was held by his relative Sir Walter Ogilvy of Boyne, appears to have held that office until his death on 29 November 1558.9 His wife was Alison Home, the second of the three daughters and co-heiresses of Cuthbert Home of Fast- castle, and his wife Elizabeth Mairtene,10 Cuthbert being the son of Sir Patrick Home of Fastcastle, second son of Alexander, first Lord Home.11 Alison's name first appears in her husband's charters in 1534,12 when her eldest son George is mentioned. She died 25 July 1557. 13 Their children were : — 1. SIR GEORGE. 2. Walter, who received in 1549 a grant of Carnowseis on his father and mother's resignation,14 and in 1556 from the same source Blacklaw and Crannochie.15 He sold Carnowseis to his elder brother George in 1582.16 He married (contract dated 22 September 1578) Helen, daughter of James Stewart, Lord Inner- meath,17 and died before 31 July 1583. He was sur- vived by two daughters, Margaret and Helen.18 1 Exch. Rolls, xix. 195. 2 Reg. Mag. Sig., 28 September 1545 ; 8 June 1546. 3 Ibid., 18 June 1539. 4 Acta Parl. Scot., ii. 427. 6 The Hamilton Papers, i. 631. 6 Ibidfy ii. 249, 415. ? P, C. Reg., i. 57. 8 Annals of Banff , ii. 267. 9 Inscription on Tomb in Banff quoted in old Statistical Account. The statement in the Annals of Banff (ii. 248), that in 1551, 'George' of Dun- lugus was Provost of Banff, seems to be an error for ' Walter.' See Antiq. of Aberdeen and Banff, i. 29 ; ii. 5, 111, 381. 10 Reg. Mag. Sig., 16 August 1582 ; Pitcairn's Criminal Trials, i. 179*. n Acta Dom. Cone, et Sess. , ii. 85. In Fraser's Memorials of the Montgomeries (i. 34), Alison is asserted to be the daughter of Sir Patrick Home of Fastcastle, and again in the Mel- villes, Earls of Melville, where the author does not hesitate to marry Elizabeth Martin to her father-in-law. Twelfth Report Hist. MSS. Com., App. viii. 97. 12 Reg. Mag. Sig., 15 February 1534-35. 13 Inscription on Tomb at Banff above quoted. 14 Reg. Mag. Sig., 28 October 1549. 15 Ibid., 24 February 1556-57. 16 Ibid., 11 July 1583. 17 Reg. of Deeds, xxxiii. 282. 18 Ibid., xxi. 397. OGILVY, LORD BANFF 9 3. JoTw, who with his brother Thomas wrote to their brother George from Louvain, 10 August 1571, that they were not willing to return home for sundry causes; that Lord Seton invited them to return with him, and offered them other kindnesses for which they desired he might be thanked.1 On 28 March 1574 James Adamsoun, burgess of Edinburgh, is cautioner for Mr. John Ogilvy, parson of Oruden, now remaining in Louvain, to compeir within the realm before the Regent and Privy Council ' to underly sic ordour and directioun as salbe gevin to him concerning his pro- fession of religioun.'2 In 1589 he is still designed parson of Cruden,3 and he was alive on 17 March 1606/ 4. Thomas. (See note under John.) 5. James, married Agnes Gordon, and died before 1589. Agnes Gordon's other husband was John Gordon of Buckie.5 6. Magdalen, married, circa 1559, to Alexander Fraser of Philorth, and had, with other issue, Alexander Fraser, ninth of Philorth.6 (See title Saltoun.) 7. Marie, married to William Abernethie of Birnes, brother-german to Alexander, Lord Saltoun (marriage- contract dated 11 January 1564).7 They had an only daughter, Elizabeth or Elspeth, who was married to her cousin-german, James Ogilvy.8 (See p. 13.) 8. A daughter, married to Alexander Gordon of Oluny, who was succeeded by his brother John in 1569. They had a daughter, Janet, married to James Gordon of Birkenburn.9 Sir Walter had six natural children : — 1. George, to whom the fee of Alweth and Innerichney was destined in 1539.10 He appears to have had a son Mr. Thomas, who is mentioned 8 February 1588,11 after which date we find Innerichney in possession of a legitimate branch of the family.12 2. Alexander. Along with his brother George and John 1 Cat. of Scottish Papers, iii. 641. 2 P. C. Reg.,ii. 351. 3 Reg. of Deeds, xxxiii. 282. * P. C. Reg., vii.631. 6 A cts and Decreets, cxix. 33. 6 Frasers of Philorth, i. 152, 161, 166. 7 Reg. Mag. Sig., 7 July 1612. 8 Ibid. 9 The Records of A boyne, 230. 10 Reg. Mag. Sig,, 5 February 1539-40 ; Reg. of Cupar Abbey, ii. 4. n Reg. Mag. Sig., 8 February 1587-88. 12 See post page 14. 10 OGILVY, LORD BANFF Ogilvy of Durne, son of Mr. William, the Treasurer, he had a lease for nineteen years, from 1530, of the Teinds of Gamrie. l They had also leases of Teinds from the Monastery of Arbroath.2 3. Walter. 4. James.3 5. Elizabeth. 6. Elizabeth (secunda). Nos. 2, 3, 5 and 6 received letters of legitimation on 18 June 1542.4 SIR GEORGE OGILVY of Dunlugus and Banff is designed fiar of Hutoun, Bonyntoun, Hornedean, Nisbetscheillis and Rauthburne in the county of Berwick, in the Grown grant of these lands to his father and mother, 5 January 1542-43,5 and from 1576 onwards he grants charters of these lands. 6 In 1550 he received from his parents Sandelaw.7 In 1557 he and his wife Beatrix Setoun received from his father and mother one-half of Dunlugus and Meirdene with the fishings, the Haughs of Newton and the Oastleton of Kynedward.8 In 1567 he was called in the succession to the Findlater entails.9 His additions to the family estates were the superiorities of Baughlaw and Karnelpies with the fishings in Dovern, acquired from John Gordon alias Ogilvy of Findlater, in 1554,10 Tarliar in the lordship of Glendowachy bought, in 1571, from the Earl and Countess of Buchan,11 who also conveyed to him other subjects in the sheriffdom of Banff in 1574 ;12 in 1580 one-half of the lands of Orde in Banff, from Eliza- beth Orde, portioner of that Ilk ; 13 in 1582 the barony of Oarnowseis from his brother-german Walter, in the Grown confirmation whereof, dated 11 July 1583, he is designed 4 Sir George Ogilvy of Dunlugus, Knight ; ' M in 1592, from Mr. William Meldrum of Montcoffer, he had one-half of Montcoffer with the fishings in the Dovern in the sheriff- dom of Aberdeen.15 He sat as one of the lesser barons in the Parliament held at Edinburgh 1 August 1560, when the 1 Antiq. of Aberdeen and Banff, iii. 539. 2 Reg. Nig. de Aberbr., 487, 520. 3 Acts and Decreets, x. 190. 4 Reg. Mag. Sig., 18 June 1542. 6 Ibid., 5 January 1541-42. 6 Laing Charters, Nos. 1030, 1253, 1902; Acta Parl. Scot., x. 291. 7 Reg. Mag. Sig., 8 August 1550. 8 Ibid., 21 May 1557. 9 Ibid., 8 May 1567. 10 Ibid., 20 December 1555. n Ibid., 10 May 1581. 12 Ibid. 13 Ibid., 22 April 1581. 14 Ibid., 11 July 1583 ; cf. Exch. Rolls, xxi. 241. 15 Reg. Mag. Sig., 21 August 1595. OGILVY, LORD BANFF 11 Confession of Faith was confirmed by Parliament ; l and in 1574 he was a commissioner for holding wapenschaws in Banff.2 In 1567 he was Provost of Banff,3 and held the office continuously for many years, at least until 1600,4 and on 26 July 1621, not long before he died, he conveyed to the burgh various lands and tenements within the town.5 On 30 April 1589 he signed a bond not to interfere with the King's authority, estate, or religion,6 and in 1594, when he is designed ' of Banff/ he is cited with other northern mag- nates to appear before the King in Council to answer for good rule and loyalty within his territories.7; Sir George died 11 August 1621, having lived, according to Arthur Johnston, twenty-one olympiads or eighty -four years,8 and having had thrice as many children of his body as there are years in an olympiad. His wife was Beatrix, fourth daughter of George, then Lord Seton,9 the contract of marriage being dated 24 February 1556-57.10 The six children who have been traced are : — 1. WALTER. 2. George, designed in 1590 of Oarnowseis,11 had on 5 September 1595 a charter to himself and Margaret Ogilvy, his first wife, of Oarnowseis, Orannock, and Blacklaw, on his father's resignation.12 He married, secondly, contract dated 6 January 1607, Barbara, daughter of Sir Alexander Fraser of Philorth. Her tocher was 6000 merks.13 Between 1608 and 1622 he acquired various properties in Aberdeenshire.14 In 1605 Parliament, considering 'the grite and extra- ordinary derth and pryces raisit vpoun the buitis and shone throughout all pairtis of this country to the grite hurt and prejudice of all estaitis of personis,' appointed a commission ' to take tryall zeirlie of the pryces of all rough hydis and of the difference of the price betwixt the rough hydis and the baskit hydis, and to sett down reasonable pryces vpoun the buittis 1 Ada Parl. Scot., ii. 526. 2 Ibid., iii. 191. 3 Annals of Banff, ii. 267, 411. 4 Exch. Rolls, xxi. 241 ; P. C. Reg., vi. 658. 5 Annals of Banff, ii. 406. 6 P. C. Reg., iv. 379. 7 Ibid., v. 146. 8 Antiq. of Aberd. and Banff, i. 645. * This first Lord Banff lived one hundred and five years, and continued fresh and ruddy to the last.' 9 Acta Parl. Scot., ii. 578. 10 Reg. of Deeds, ii.113. "-P.C.Reg.,\.v.m. 12 Reg. Mag. Sig., 5 September 1595. 13 Ibid., 14 July 1609. »« Ibid. ; Part. Reg. Sas., Banff ; and Reg. Sec. Concilii, xiii.3. 12 OGILVY, LORD BANFF and shone with penalties vpoun the cordinairis who sail contra veyne raise or heicht the said price.' The commissioners not having succeeded in putting down the boot trust, an addition in 1608 was made to their numbers, including George of Oarnowseis, and they were directed to meet twice a year to fix the price of * buittis and shoone.' l In 1609 he was nominated one of the commissioners to enforce the practice of archery in Banffshire;2 in 1621 he represented the county in Parliament ; 3 in 1624 he was Provost of Banff,4 and held the office at his death, on 1 February 1625.5 By Margaret Ogilvy, who died 11 December 1599,6 he had three sons and two daughters, and by Barbara Fraser one son : — (1) SIR GEORGE. On 10 May 1625 served heir to his father in the barony of Carnowseis, Crannoch, and Blacklaw ; 7 and in other lands on 13 May 1625 8 and 11 January 1628.9 He was created a Baronet of Nova Scotia 24 April 1626. 10 Received a remission for the slaughter of James Ogilvie of Auchireis and Paddoklaw, 2 February 1629.11 In 1628 he was Provost of Banff.12 A devoted adherent of Charles i., 'he suffered much for his loyalty, as all his fortunes were extinguished, his lands ruined and laid waste, and himself and his lady forced to fly the country, and he will never be able to recover.'13 He acquired the renunciation of Ordley in 1657. 14 He married, contract dated 25 November 1618, Jean, daughter of Sir Thomas Gordon of Cluny, Knight. She was infeft in Crannoch, 16 October 1619. 16 (2) John, designed in 1621 * of Birnes.' 16 Servitor to Alexander, Earl of Dunfermline.17 He married Jean, daughter of Sir William Seton.18 (3) Thomas.19 (4) Helen, married to William Gray. She had a wadset over Persent, part of Haltoun of Auchterles.20 (5) Elizabeth, married to George Meldrum of Haltoun of Ach- terles, contract dated 9 and 10 August 1610. 21 (6) Alexander, son of second marriage, who had a Crown charter 1 Acta Parl. Scot., iv. 4046. 2 Ibid. 3 Parliamentary Return of Members ofParl., 553. 4 Annals of Banff, i. 53 ; ii. 52, 267. 6 Ibid. 6 Edin. Test., 9 August 1600. 7 Banff Retours, 47. 8 Aberdeen Eetours, 187. 9 Aberdeen and Banff Retours. 10 Reg. Mag. Sig., 24 April 1626. » Ibid., 2 February 1629. 12 Annals of Banff, i. 59. 13 Britaine's Distemper, 23. 14 Part. Reg. of Sas., Banff. 15 Ibid. 16 P. C. Reg., xii. 570. 17 Reg. Mag. Sig., 13 February 1621. 18 Aberdeen Sasines, iv. 40. 19 Edin. Test., 9 August 1600. » Reg. Mag. Sig., 19 December 1628 ; Edin. Test., 9 August 1600. 21 Gen. Reg. of Inhibitions, iii. 250. OGILVY, LORD BANFF 13 25 February 1632 of Knok in Sfcrathisla.1 In 1629 he was admitted a burgess of Banff.2 He married Marie, daughter of James Ogilvy of Boyne and Isobelle Ogilvy, daughter of Walter Ogilvy of Dunlugus and Banff.3 He had a son — James, who married, contract dated 28 June 1656, Christian, daughter of Walter Stewart of Byland, and received a grant of Crannoch in that year from his uncle Sir George of Carnowseis.4 He was served heir to his father in Knock 25 November 1658.5 3. James, married his cousin Elspeth Abernethie, only daughter of Marie Ogilvie (see p. 9) and William Aber- nethie of Birnes. Birnes was disponed to Elspeth by her father William in 1595 6 and in 1599 the spouses had a Grown charter of these lands on their own resignation.7 James was inf eft in Easter and Wester Knok 20 May 1608,8 and acquired on 12 June 1616 a number of other lands in the barony of Auchterles Dempter.9 He died s. p. 29 January 1617, and was suc- ceeded in his heritage by his younger brother Robert, and in his conquest lands by his eldest brother George of Carnowseis.10 The latter erected a monument to James's memory in Seton Chapel, East Lothian.11 4. Robert, burgess of Banff. On 17 July 1608 James of Birnes sold to him Pyperscroft and other subjects in the burgh of Banff.12 He married Janet Baird.13 5. Janet, married to William Forbes, ninth Laird of Tolquhoun, who died in 1602, and had with other issue, Walter, heir of Tolquhoun.14 6. Elizabeth, married, first, to Henry Urquhart of Crom- arty, who died prior to 23 May 1587, leaving issue ; 15 secondly, to William, third son of William Leslie of Wardis, to whom his father gave, in 1596, his lands in Garioch ; 16 and thirdly, to Mr. Thomas Menzies of Durne, Provost of Aberdeen, with issue.17 1 Reg. Mag. Sig., 25 February 1632. 2 Annals of Banff, ii. 417. 3 Part. Reg. of Sas., Banff, 30 June 1632, MS. Hist, of Irvines of Drum, Lyon Office. 4 Banff Sas., viii. 31. 5 Banff Retours, 106. 6 Reg. Mag. Sig., 1 July 1612. 7 Ibid., 1593-1608, 9 April 1599. 8 Part. Reg. of Sas., Banff. 9 Reg. Mag. Sig., 31 March 1617. 10 Ibid., 25 February 1632. » House of Seton, ii. 779. 12 Part. Reg. of Sas., Banff. 13 Ibid., 20 December 1624. 14 Antiq. of Aberdeen and Banff; Macfarlane's Gen. Coll., i. 226, 476. In the first reference Macfarlane calls Janet daughter of the Laird of Banff; in the second, daughter of Sir Walter Ogilvy of Banff. 16 Register of Deeds, xlii. 1. 16 Macfarlane's Gen. Coll., ii. 26; Family of Leslie, iii. 283. 17 Banff Retours, 21 ; Antiquities of Aberdeen and Banff, iii. 288. 14 OGILVY, LORD BANFF WALTER OGILVY of Dunlugus and Banff is styled apparent of Dunlugus in a charter dated 5 March 1582 by Patrick Ohene of Essilmonth to Alexander Fraser of Philorth, of lands in Aberdeenshire.1 On 31 October 1598 he received a Crown confirmation of Alveth and Innerichnie on his father's resignation,2 and from the same source in 1610 the liferent of Montcoffer, Govenye, Sandelaw, Bauchlaw, and Karnelpies, the fee being destined to his eldest son George.3 From this period he is generally designed ' of Banff.' 4 In 1619 he was elected Provost of Banff, but as by Act of Parliament it was ordained 'that none should be chosen provost of a burgh but burgesses actually dwelling therein and having trade and handling within the same,' Walter was summoned before the Privy Council to answer for breaking the law, with the result that he renounced the office.5 In 1620, however, we find him provost of the burgh, in 1624 a member of the town council, and provost from 1625 until his death.6 He was served heir to his father on*7 October 1625,7 and died between 14 February 1627 and 10 May 1628.8 By his wife Helen, daughter of Walter Urquhart, younger of Oromarty,8 he had : — 1. SIB GEORGE. 2. Walter of Innerichnie. In 1614 he had a charter of the superiority of Auchorsk.10 His wife was Isobel, daughter of Thomas Urquhart of Burrisyards. Her father and husband were at feud with the Tullochs of Tannachies, and as the result of a scuffle between the parties at the kirk of Forres in 1623 ' schoe tooke bed immediatlie and never eat nor drank till schoe deit.' u In 1624 Walter was a bailie of Banff.12 On 1 August 1625 he received a licence to go abroad for three years.13 He died before 14 March 1629, on which date his brother George was served heir to him in the superiority of Auchorsk.14 3. Beatrice, married to Alexander Seton of Pitmedden, 1 Reg. Mag. Sig., 22 April 1583. 2 Ibid., 31 October 1598. 3 Ibid., 8 August 1610. 4 Ibid., 14 February 1627. 6 P. C. Reg., xii. 120, 151. 6 Annals of Banff, i. 57 ; ii. 52, 267. 7 Banff Retours, 49. 8 Reg. Mag. Sig., 14 February 1627; P. C. Reg., 2nd series, ii. 592. 9 Thanage of Fermartyne, 692. 10 Reg. Mag. Sig., 5 July 1614; Ibid., 29 July 1625. 11 P. C. Reg., xiii. 159, 173. 12 Annals of Banff, ii. 52. 13 P. C. Reg., 2nd series, i. 113. 14 Banff Retours, 58. OGILVY, LORD BANFF 15 who was served heir to his father James in 1628. 1 They had issue a son John, who succeeded to that estate.2 4. Isobelle, married to James Ogilvy of Boyne after 28 July 1601, 3 and had a son Walter, who succeeded to that estate,4 and a daughter, Marie, who married Alex- ander Ogilvy of Knok, fourth son of George of Oar- nowseis. (See ante, p. 13.) 5. Mary, married, contract dated 16 February 1614, Ninian Dunbar of Grangehill.5 Walter had also an illegitimate son, JoTw, admitted in 1626 a burgess of Banff.6 I. SIR GEORGE OGILVY OF BANFF had, on 9 March 1610, with his wife Margaret Irving of Drum, a charter of the barony of Dunlugus on the resignation of his grandfather Sir George.7 On 3 July 1^17 he had a Grown confirmation of Ord.8 On 24 May 1621 he was infeft by Sir George, his grandfather, in Tilbertie, Torfaulds, and Oatlaw.9 In 1624, with consent of his father Walter, he resigned the barony of Dunlugus in favour of Sir Thomas Urquhart of Oromarty, who was infeft therein 18 July 1624.10 From this period the family designation of ' Dunlugus ' is dropped, and that * of Banff ' substituted, though the latter designation was applied to the family so early as 1594.11 In 1625 George is designed ' of Moncoffer, Laird of Banff, junior,1 12 and in 1627 when he received a Grown confirmation of Sandelaw, Oatlaw, and others, 'junior of Banff, formerly titular fiar of Dunlugus.'13 In 1626 he was infeft in Dalhauche and Smiddiehillis,14 and in the same year in the barony of Inchdrewer.15 Monteoffer resigned in 1628 in favour of Sir Thomas Urquhart of Cromarty.16 In 1632 he sold Oatlaw in the parish of Alvah to James Stewart of Ryland.17 In 1636 he acquired Blair- shinnoch and Meikle Raittre,18 and Forglen in 1637.19 1 Aberdeen Retours, 207. 2 Reg. Mag. Sig., 15 March 1634 ; House of Seton, i. 472 ; Probative Quartering in Nisbet Plates, 132. 3 Part. Reg. of Sas., Banff, i. 64. 4 Ibid., 26 December 1620. 6 Reg. of Deeds, ccxli. 3 August 1615, cclxxxii. 29 March 1619. 6 Annals of Banff, ii. 417. 7 Reg. Mag. Sig., 9 March 1610. 8 Ibid., 1646, 3 July 1617 ; Part. Reg. of Sas., Banff. 9 Part. Reg. of Sas., Banff. ™ Ibid. " P. C. Reg., v. 659. 12 Reg. Mag. Sig., 19 July 1625. 13 Part. Reg. of Sas., Banff. u Ibid. 15 Ibid. 16 Reg. Mag. Sig., 29 January 1628. 17 Ibid., 14 July 1632. 18 Ibid., 23 January 1636. 19 Ibid., 4 April 1637. 16 OGILVY, LORD BANFF He was created a Baronet of Nova Scotia 20 July 1627,1 and in the same year he succeeded his father Walter as Provost of Banff.2 On 2 February 1629 he and his cousin Sir George of Oarnowseis received letters of remission for the slaughter of James Ogilvie of Auchiries and Paddoklaw, committed under provocation within the burgh of Banff 3 October 1628.3 With the feud which culminated in the ' Burning of Frendraught,' on 8 October 1630, Sir George was closely connected, being an ally of the Orichtons, and early in that year he and Frendraught petitioned to be exonerated from the slaughter of William Gordon of Bothie- may, on the ground that the latter was slain while the petitioners were endeavouring to arrest him on the warrant of the Privy Council.4 The only person executed for the 4 Burning of Frendraught ' was a certain John Meldrum, who, on the night before the house was burned, in reply to Banff, who had urged him to be reconciled to Orichton, replied that he could not be reconciled unless it were instantly done, because Frendraught would be burned before next morning.5 In 1629 Sir George was elected an elder of the Church of Scotland along with his agent, Mr. William Sharpe, Sheriff Clerk of Banff, formerly schoolmaster of Cullen and father of Archbishop Sharpe.6 Throughout the Civil War he was a uniform adherent of the King, and the aspersion that he was indifferent or lukewarm in the cause is not borne out by the record.7 In Principal Baillie's estimation he 4 was a rash and profane man.'8 He was Huntly's guiding spirit in his opposition to the Covenanters, and he and Gordon of Haddo were the leaders at the Trot of Turriff, 14 May 1639.9 He was conspicuous on the King's side at the action of the Bridge of Dee, 19 June 1639, where 1 Charter under the Great Seal of the barony and regality of Banff- Ogilvyin Nova Scotia, in favour of Sir George Ogilvy of Banff, Bart., dated 20 July 1627 ; Inv. penes Sir William Fraser's Trustees. 2 Annals of Banff, i. 57 ; ii. 267. 3 Reg. Mag. Sig., 2 February 1629. * P. C. Reg., 2nd series, iii. 485, etc. 6 Ibid., iv. 609 ; Family of Leslie, iii. 390. 6 Annals of Banff. 7 Gordon's Hist, of Scots Affairs, i. 61. At p. 211 the historian speaks of Banff as one who ' prof est ' to do much for the King, and at p. 263 he avers that Banff, after his interview with Sir Kobert Innes in 1639, ' never was cordial in the King's service.' The losses and sufferings of the Banff family in the Royal cause form a sufficient reply to this innuendo. 8 Baillie's Letters, i. 205. 9 Gordon's Hist of Scots Affairs, i. 211, 528. OGILVY, LORD BANFF 17 Montrose commanded the Covenanters.1 For these mis- demeanours he was marked down for punishment. Munro, at the head of the Covenanting army, marched to Banff, de- stroyed the beautiful gardens and hewed down the trees. The mansion-house fared no better. The iron, glass, timber, and hewn work they cut out and destroyed, ' leaving nothing to be seen but defaced walls, which yet speacke its beautye as it now standes lycke ane old rouinouse abbey.' This outrage, uncommemorated in peasant balladry, was mourned by a King. Charles i., when it was reported to him, said that for the house it mattered not, it could be replaced, ' but that it was a crwell thing to fall upon the garden, the losse wherof could not in many yeares be repaired, and so much the worse because it had neither done evill nor could hurt them ; besyde that it was ane ornament to the toune and countrey.' 2 Inchdrewer, the other residence of the family, was also laid waste ; Forglen was preserved by the courage of its defenders.3 On 31 August 1642, for his faithful services, King Charles I. created him a Peer of Scotland by the title of LORD BANFF, with a limitation to his heirs-male, bearing the name and arms of Ogilvy.4 The King also gave him 10,000 merks to repair his losses.5 While the Cove- nanters remained in power Lord Banff was a constant object of suspicion to the authorities. A warrant for his appre- hension was issued, and he was ordered to appear before the committee of Parliament.6 He entered heartily into the Engagement for the restoration of the King, attended the Parliament held in 1648, and was placed on the Com- mittee of War for Banff,7 for all which he was compelled to make public repentance before the presbytery of For- dyce.8 In 1654 he was fined by the usurper £1000 sterling, which exorbitant sum was afterwards reduced by two- thirds.9 He was present in Parliament 18 June 1663,10 and died 11 August in that year.11 He married, first, Margaret, daughter of Alexander Irvine of Drum,12 and had a daughter — 1 Spalding's Trubles, i. 209. 2 Gordon's Hist., iii. 253. 3 Ibid. 4 Reg. Mag. Sig. 6 Gordon's Hist., iii. 253. 6 Ada Parl. Scot., vi. pt. i. 14a, 23a, 98a, 133. 7 Ibid., 816a; ibid., vi. pt. ii. 4a. 8 Annals of Banff, ii. 32. 9 Acta Parl. Scot., vi. pt. ii. 820a, 8466. w Ibid., vii. 4466. 11 Banff Retours. 12 Ms. Hist, of Irvines of Drum, 129. VOL. II. B 18 OGILVY, LORD BANFF 1. Helen, who was married, contract dated 20 and 25 March 1629,1 to James, Master of Ogilvie, afterwards second Earl of Airlie, and had issue. (See title Airlie.) He married, secondly, Janet, daughter of William Suther- land of Duffus. On 30 July 1629 she complained to the Privy Council of her husband's cruelty to herself and her children, and on that day Sir George was bound under caution of 3000 merks to keep the peace towards Lady Banff and her children, and towards James Sutherland, tutor of Duffus, brother of Lady Banff.2 By his second wife he had four children.3 2. GEORGE, second Lord Banff. 3. Margaret, married to John Lyon of Muiresk, repre- sentative of Oulmalegy,4 cadet of Glamis. 4. Jean, married to Gordon of Badinscoth.5 5. Mary, married, first, contract dated 9 and 20 November 1649,6 to Walter Innes of Auchluncart; secondly, contract dated December 1701, to Alexander Suther- land of Kinminity.7 II. GEORGE, second Lord Banff, was on 29 October 1663, served heir to his father in the baronies of Inchdrewer and Montbray,8 and on 24 September 1664 in lands in the parish of Gamrie.9 He represented Nairnshire in the Parliament held at Edinburgh 4 June 1644.10 Like his father he was an adherent of King Charles i., and was under caution for £42,000 that he should appear before the Committee of Parliament when called on, to answer for his behaviour in public affairs.11 He was colonel of the Foot levied in Banff in the year of the Engagement,12 and on the Committee of War for the county.13 In 1650 he was again colonel of the Foot regiment raised in Banff in support of Charles n.,u for whom he fought at Worcester, and escaped from that con- flict. In 1661 he was engaged in a dispute with Mr. John Gordon of Barrallmad regarding a piece of land in the 1 Carnegie Book, ii. 129. 2 P. C. Reg., 2nd series, iii. 260, 264. 3 Part. Reg. of Sas., Banff, 2 June 1628. 4 Banff Sas., i. 454. 6 Wood's Douglas. 6 Banff Sas., vi. 42. 7 Ibid., v. 151. 8 Banff Retours, 115. 9 Ibid., 118. 10 Acta Part. Scot. n Ibid., vi. i. 754. 12 Ibid., ii. 55. 13 Ibid., 36. 14 Ibid., 623, 625 ; Correspondence of Earls of Ancrum and Lothian, 331. OGILVY, LORD BANFF 19 vicinity of Banff. The parties met on the ground, and Mr. John advancing 'with a stroak of intention to have killed the Master of Banff, George Buchan, one of the com- panie, holding out a rapier in his oune defence and in defence of the Master of Banff's life, the said Mr. Johne advanceing with the said stroak, as said is, did thrust his bellie vpon the poynt of the rapier, which occasioned the said Mr. Johne Gordoun's death.' * Banff craved a precogni- tion instead of a trial, on the ground that Gordon's death was accidental, and after one prorogation of the diet no more is heard of this singular suicide.2 On 29 October 1663 he was admitted a burgess of Banff.3 Lord Banff was present in the Parliament of 1667, when £72,000 a month was voted as a supply to the King for the maintenance of a standing army, and he was one of the first Commissioners of Supply for the county.4 He died in March 1668,5 having married Agnes, only daughter of Alexander, first Lord Falconer of Halkerton,6 and had issue : — 1. GEORGE, third Lord Banff. 2. Sir Alexander of Forglen, of whom afterwards. 3. Jeane, baptized 5 January 1651. 7 4. A gnes, baptized 29 December 1651, 8 married to Francis Gordon of Craig of Auchindoir.9 5. Margaret, baptized 8 October 1654,10 died unmarried.11 6. Helen, married, 25 April 1694, to Sir Robert Lauder of Bielmouth, Clerk of Exchequer, who died June 1709.12 She died 9 January 1714, leaving two sons, Robert and George.13 7. Mart/, married, contract dated 1 June 1680,14 to John Forbes of Balflugg, cadet of Leslie, cadet of Mony- musk.15 8. Isabel. 9. Marjory. 10. Janet, a posthumous child, born at Inchdrewer 1668, 1 Acta Parl. Scot., vii. 22. 2 Ibid., 234. 3 Annals of Banff. 4 Acta Part. Scot., vii. 5436. 6 Wood's Douglas. 6 Ibid. 7 Fordyce Reg. of Baptisms. 8 Ibid. 9 Wood's Douglas. 10 Fordyce Reg. of Baptisms. 11 Agnes, Margaret, Helen, Mary, Isobel, Marjory, and Janet (posthumous), all named in Gen. Reg. of Homings, 16 March 1687, where their mother is named ' Agnes ' Falconer. She is also designed Agnes, Lady Banff, in the Banff Reg. of Baptisms, 19 May 1670, but in her Funeral entry in the Lyon Office she is called Grisel. 12 Edin. Test., 9 February 1710. 13 Ibid., 20 July 1714. 14 Aberdeen Sasines, x. 458. 15 Macfarlane's Gen. Coll., i. 285. 20 OGILVY, LORD BANFF married, contract dated 16 June 1694, to John Leith of Leithhall, and had issue.1 She died in July 1743.2 III. GEORGE, third Lord Banff, was baptized 9 September 1649,3 and on 10 September 1668 was served heir to his father in the baronies of Inchdrewer and Montbray / In the same year he was admitted a burgess of Banff.5 From 1670 onwards his name appears in the list of barons present in Parliament,6 but his attendance ceased at the Revolu- tion, and in 1693 he was fined £1200 for absence from their Majesties service in Parliament.7 Lord Banff's family had changed its faith at the alteration of religion within the kingdom in Queen Mary's reign.8 Lord Banff, it appears, returned to the ancient faith and resided for some time in Ireland.9 He reverted to Protestantism, and the first intimation of his reconversion is thus referred to in a letter from Mr. William Hunter, minister at Banff, to Mr. Secre- tary Oarstairs, of 11 July 1705: 'My Lord Banff upon declaring himself a Protestant has a mind to go south to take his place in Parliament, and withal because his cir- cumstances require it, his lordship requires your kind influence for his encouragement that he may undertake his journey.' 10 On 3 October 1706 it was moved in Parliament that he, 'sometime Papist, being now Protestant, and willing to sign the formula subjoined to the Act of Parliament in November 1700, may be admitted.' Accordingly he signed the formula against popery, took the oath of allegiance, and voted steadily with the ministry for the Union with England.11 In 1708 he was indicted for shooting a pistol at a bailie of Banff.12 He was killed in a fire which destroyed his house of Inchdrewer in November 1713, his death being regarded by some of his Protestant neighbours as a judg- ment for his change of faith, and attributed by others, also Protestants, to foul play.13 He married, contract dated 22 and 23 September 1669,14 1 Aberdeen Sasines, xiv. 500 ; The Thanage of Fermartyn, 37. 2 Scots. Mag. 3 Fordyce Reg. of Baptisms. 4 Banff Retours, 125. 5 Annals of Banff. 6 Ada Parl. Scot.,v\i\. 231, 238, 468, App. 1, 10, 20. 7 Ibid., ix. 251. 8 See the curious petition of Sir George Ogilvy of Banff in 1631 for delivery of Popish vestments ; P. C. Reg., 2nd series, iv. 247. 9 New Statistical Account. 10 State Papers and Letters, 736. u Acta Parl. Scot., xi. 305, 314, 319, 321, 422. 12 Annals of Banff. 13 New Statistical Account. l* Gen. Reg. of Sas., xxiii. 331. OGILVY, LORD BANFF 21 Jean, third daughter of William, seventh Earl Marischal, who raised an action of adherence and aliment against her husband, and on 17 February 1685 was awarded 2000 merks per annum.1 Their children were : — 1. GEORGE, fourth Lord Banff. 2. Anne.2 3. Isobel, in whose favour her brother George, Master of Banff, executed a bond of provision for £3000 on 26 September 1696.3 She was married 16, contract dated 8, January 1722, to George Barclay, merchant in Banff.4 4. Mary, born 3 March 1679,5 and married, first, in 1714, to John Joass, younger of Oolleonard, who died before 7 November 1718,6 with issue;7 secondly, in 1723, as his second wife, to the Reverend William Hunter, formerly minister of Banff.8 She died at Banff, 20 April 1756, aged seventy-eight.9 IV. GEORGE, fourth Lord Banff, was baptized at Banff 4 August 1670.10 In 1690, George, third Lord, disponed his lands to his son and heir George, Master of Banff, and a charter under the Great Seal followed 26 February 1697.11 Succeeded his father in 1713, married, 11 January 1712, Helen, daughter of Sir John Lauder of Fountainhall, Lord of Session. The spouses had a charter under the Great Seal of Inchdrewer, 26 July 1712.12 He died before 12 January 1718,13 and had by Helen Lauder (who was married, secondly, on 27 June 1721, to Alexander Gordon of Glengerrack,14 and, thirdly, to James Hay, merchant in Banff, second son of James Hay of Rannes, with issue ; she died 22 October 1742 :15— 1. George, baptized 20 February 1714,16 died in infancy. 2. George, baptized 28 November 1715," died in infancy. 3. JOHN GEORGE, fifth Lord Banff. 4. ALEXANDER, sixth Lord Banff. V. JOHN GEORGE, fifth Lord Banff was born 18 February 1 P. C. Decreta; Fountainhall's Hist. Notices. 2 Anne, Isobel, Mary mentioned in this order in Banff Inhibitions, 26 February 1706. 3 Inv. of Writs, penes Sir William Fraser's Trustees. 4 Banff Reg. of Marriages. 6 Banff Reg. of Baptisms. 6 Ibid., 7 November 1718. 7 Ibid. 8 Ibid., 11 May 1723. 9 Scots. Mag. 10 Reg. of Baptisms. n Inv. penes Sir William Fraser's Trustees. 12 Ibid. 13 Reg. of Baptisms, Banff. u Reg. of Mar- riages, Banff. 15 Admon. Act Book, 1750, Somerset House. 16 Reg. of Baptisms, u Ibid. 22 OGILVY, LORD BANFF 1717, and succeeded his father 1718. Married, at the Fleet, London, 18 August 1735, Mary, daughter of Captain James Ogilvie.1 He was drowned, 29 July 1738, when bathing with Lord Deskford, afterwards sixth Earl of Findlater, at the Black Rocks near Oullen,2 and was buried at Banff, 1 August 1738.3 His widow married, secondly, the Rev. Thomas Kemp, D.D., Rector of St. Michael's, Crooked Lane, London. Lord Banif dying without issue was succeeded by his brother. VI. ALEXANDER, sixth Lord Banff, who was a posthumous child, baptized at Banff 12 July 1718, his godfathers being Sir Alexander Ogilvy of Forglen, and his son Captain Alex- ander Ogilvy.4 He entered the Navy, and attained the rank of captain 13 February 1741, when he was appointed to the command of the Hastings man-of-war.5 During his short naval career he distinguished himself by the capture of several valuable prize ships, including a rich outward- bound Spanish register ship Nostra Signora del Assumption, a Spanish privateer of 24 guns, which he sunk ; a French pole- acre, the St. Jean, from Vera Cruz for Cadiz, with 130,000 pieces of eight ; the Nostra Senora del Rosaria, St. Antonio y las Animas, and two heavily-armed Spanish privateers.6 As a result the freedom of the City of Glasgow was, in 1743, given him in a silver box ' as a testimony of regard for the great services done his country by protecting the trade thereof.'7 He was appointed to the command of the Tilbury of 60 guns in August 1745,8 and was in com- mand of her when his death occurred at Lisbon 7 December 1746.9 On 22 April 1747 his aunt, Mrs. Mary Ogilvie, widow of John Joass of Colleonard, was declared his executrix-dative as nearest of kin.10 On 5 July 1750 letters of administration were granted to Charles Hay, their uncle and curator, on behalf of Charles, James, and William Hay, brothers by the half blood and only next of kin of Alex- ander.11 He was succeeded in his title and heritage by Alexander Ogilvy of Forglen, descended from — 1 Brim's History of the Fleet Marriages, 1834, 116. 2 Statistical Account. 3 Reg. of Deaths, Banff. 4 Reg. of Baptisms, Banff. 5 Scots Mag., 1741. 6 Ibid., 1742, 141 ; 1743, 342, 428, 526. 7 Edinburgh Evening C our ant, 24 October 1743. 8 Scots Mag. 9 Reg. of Deeds, clxix. He was buried j 10 May 1747, at St.-Martins-in-the-Fields. 10 Edin Com. Reg. n Reg. of Admon., Somerset House. OGILVY, LORD BANFF 23 Sir Alexander Ogilvy of Forglen, second son of George, second Lord Banff. From 1678 he was a Commissioner of Supply for the county of Banff.1 In 1699 he was appointed principal warden of the Mint and Ounziehouse, with a salary of £1200 Scots, increased in 1700 to £1800 Scots,2 and was created a Baronet of Nova Scotia 24 June 1701. In that year he was elected member of Parliament for the town of Banff on condition ' that sheriff courts continue to be kept there in all time coming as the head burgh of the shire.' 3 In 1702 he and Sir James Elphinstone of Logie were appointed Receivers General.4 He took an active part in the work of Parliament, being elected a member of the committee on public security and trade.5 He voted steadily for the Union with England.6 Although not a lawyer, he was appointed a Lord of Session 25 March 1706, and held the post until his death.7 He had a charter under the Great Seal, 21 December 1702, of the lands of Todlaw, in the parish of Forglen.8 He had an amusing litigation with Sir Alexander Forbes of Tolquhoun, regarding a gilded mazer cup, alleged by Tolquhoun to have been stolen from him by Forglen. It was at length discovered that Tol- quhoun himself had some years previously given the cup to a goldsmith in Aberdeen to be repaired, and having forgotten the circumstance, 'it was lying there unrelieved for not paying a half-crown for it.' Forglen brought an action for defamation, and Tolquhoun was fined 20,000 merks, one half to go to the Grown, the other half to Forglen. The Grown remitted its share of the fine, but Forglen appears not to have been so complaisant.9 He was a member of the com- mittee to inspect the University of Aberdeen in 1716.10 He died 30 March 1727.11 He married, first, Mary, born 18 August 1663, marriage-contract dated 17 November 1681, 12 eldest daughter of Sir John Allardice of that Ilk in Kincar- dineshire, and had issue : — 1. George, appointed Queen's Limner for Scotland 3 Nov- 1 Ada Parl. Scot., viii. 227; ix. 145. 2 Privy Seal Reg., v. 309, 374. 3 Annals of Banff, i. 171 ; Parliamentary Return, 592. 4 Privy Seal Reg. , vi. 60, 145, 228. 6 Acta Parl. Scot., xi. App. 4, 14, 222, 294. « Ibid., Text, 314, 321, 422. 7 Brunton and Haig. 8 Inventory of Writs, penes Sir William Fraser's Trustees ; Acta Parl. Scot., xi. 270. 9 Brunton and Haig, 483-4. 10 Fasti Aberdonensis, 387. n Edin. Test., 26 July 1727. In the Greyfriars Reg. of Interments his death is said to have taken place on 31 March. 12 Banff shire Sasines, iii. 350. 24 OGILVY, LORD BANFF ember 1703, at a salary of £100 sterling per annum.1 In the grant he is said to have had a good education, but he laboured ' under the infirmitie of the inteire loss of his hearing,' and the grant also notes his ' natural inclination and great proficiency in the airt of limning, drawing, and painting.' He married, on 19 February 1710, Jean, daughter to Patrick Meldrum of Leathers, relict of Sir Alexander Innes of Oox- toun.2 He died June 1723, his sister-german, Mary, being decerned his executrix-dative as nearest of kin.3 2. Alexander Ogilvy, younger of Forglen, was with his father a witness to the baptism of Alexander, sixth Lord Banff, the posthumous child of George, fourth Lord Banff, on 12 July 1718.4 He predeceased his father, having married, 7 August 1714, Jane, daughter of Benjamin Frend of Ballyrehy, King's County, Ireland.5 By her, who afterwards married Archibald Campbell of Stonefield, he had issue : — (1) ALEXANDER, seventh Lord Banff. (2) Bridget.6 3. Mart/, died unmarried 1738, her sister-german, Agnes, being her executor.7 4. Agnes, married, 28 January 1705, to Sir Alexander Reid, second Baronet of Barra (who acted as execu- tor of his father-in-law Sir Alexander in 1727), 8 with issue. 5. Ann, married to Andrew Hay of Mountblairy, Banff- shire, W.S., with issue.9 She died May 1719, aged twenty-five.10 6. Helen, married 13 March 1712, to James Smollett, son and heir to James Smollett of Bonhill. 7. Margaret, born 12 March 1700. Sir Alexander, married, secondly, 18 January 1702, Mary Lesly, second daughter of David, first Lord Newark, widow of Sir Francis Kinloch of Gilmerton.11 She died s. p. at Edinburgh, 24 March 1748.12 lReg. Sec. Sig., vi. 189. 2 Wood's Douglas. 3 Aberdeen Test, 1724. 4 Reg. of Baptisms, Banff. 5 Ms. Pedigree, Office of Arms, Dublin. 6 Ibid. 1 Aberdeen Test., 1738. 8 Edin. Test., 1727. 9W.S.List. 10 Grey- friars Interments, May 1719. n Edin. Reg. of Marriages. 12 Her Funeral Escutcheon in Lyon Office. OGILVY, LORD BANFF 25 VII. ALEXANDER, seventh Lord Banff, succeeded his grandfather in the estate and baronetcy in 1727.1 In 1747 he had a pension of £200 stg.2 per annum. Served heir- male general and heir-male special in the barony of Inch- drewer, to his cousin George, fourth Lord Banff, 19 February 1750.3 He married at Edinburgh, on 2 April 1749, Jean, daughter of William Nisbet of Dirleton, and died, 1 Decem- ber 1771 ,4 at Forglen, where his widow also died, 29 August 1790.5 They had issue : — 1. Alexander, Master of Banff, who died 1763. 2. WILLIAM, eighth Lord Banff. 3. Archibald, died 1763. 4. David, admitted a burgess of Banff 1779.6 Cornet in the Fourth Dragoons 1779, lieutenant 1785, captain 1793 ; 7 died at Clifton 10 August 1796. 5. Jean, married to Sir George Abercromby of Birken- bog. 6. Sophia. 7. Janet, married, 9 October 1797, to the Reverend John Willison, minister of Forgandenny. She died at Kin- no ull, 24 October 1835, aged eighty-two.8 8. Mary, married, 23 August 1780, to Alexander Murray of Aytoun. She died December 1789. 9. Grace, married to Mr. Douglas. VIII. WILLIAM, eighth Lord Banff. On 16 March 1774 served heir-male of line and provision special in the barony of Forglen and Whitefield, in the barony of Inchdrewer, to his father Alexander, seventh Lord Banff.9 Cornet in the Sixth or Inniskilling Regiment of Dragoons 1773, lieutenant 1778, captain 1780,10 and quitted the army in 1794, after having served on the Continent under the Duke of York as senior captain in his regiment.11 He died at Forglen, 4 June 1803,12 when his estates went to his sister Lady Abercromby, and the Peerage became extinct or dormant. In 1812, and 1 Services of Heirs. 2 King's Warrant Book, Pub. Kec. Office, xxxvii. 128. 3 Services of Heirs, 1750-59. 4 Edinburgh Evening Courant, Wed- nesday, 4 December 1771. 5 Ibid., Thursday, 2 September 1790. 6 Annals of Banff, ii. 427. r Army Lists. 8 Fasti Eccl. Scot. Scott calls Janet the third daughter. 9 Services of Heirs, 1770-79. 10 Army Lists. » Old Statistical Account of the Parish of Forglen. 12 Edinburgh Evening Courant, Saturday, 11 June 1803. 26 OGILVY, LORD BANFF again in 1819, Sir William Ogilvy of Boyne, as the descend- ant and heir-male of George Ogilvy of Boyne, elder brother of Sir Walter Ogilvy of Dunlugus, the great-grandfather of the first Lord Banff,1 petitioned the King for the dignity of Banff, but no proceedings seem to have been taken on the claim. CREATION.— 31 August 1642, Lord Banff. ARMS. — Not recorded in Lyon Office, but given by Nisbet as — Quarterly, 1st and 4th argent, a lion passant guardant gules crowned or, for Ogilvie ; 2nd and 3rd argent, three papingoes vert, beaked and membered gules, for Home.2 CREST. — A lion's head erased gules. SUPPORTERS. — Dexter, a man in armour with a target, proper ; sinister, a lion rampant gules. MOTTO. — Fideliter. [A. R.] 1 House of Lords Journals, v. 48, p. 920 ; v. 52, p. 790. 2 These are the Pepdee quarterings of the Home arms. HAMILTON, LORD BARGANY IR JOHN HAMILTON of Lettrick, natural son of John, first Marquess of Hamilton (see that title), obtained a legitimation under the Great Seal, 22 December 1600, and ac- quired considerable estates. He had a charter of confirmation to himself, and Jean Campbell his wife, of the castle of Kin- clevin, in Perthshire, 25 May 1608.1 He had a charter 15 June 1624,2 of the lands of Bargany, from whence he took his ultimate designation, Oarlock, and other lands in Ayrshire. He died soon after 1637. By his wife, Jean, daughter of Alexander Campbell, Bishop of Brechin, of the Ardkinglass family, he had issue : — 1. SIR JOHN. 2. William.3 3. Thomas.' 4. Catherine, married to Sir John Drummond of Machany, second son of James, first Lord Maderty. 5. Helen, married to Sir James Somervile of Gambus- nethan. 6. - — , married to Sir William Vere of Stonebyres. 7. Mary, married to Alexander Oleland of Cleland. 1 Eeg. Mag. Sig. 2 Ibid. 3 Retours General, 3131. 4 Ibid. 28 HAMILTON, LORD BARGANY I. SIE JOHN HAMILTON, the eldest son, had the designa- tion of Oarriden in the lifetime of his father,1 to whom he was served heir 23 April 1642.2 He had previously been created a Peer of Scotland under the title of LORD BAR- GANY, 16 November 1641,3 with limitation to the heirs- male of his body. Lord Bargany was a supporter of the royal cause, and having raised a regiment of Foot he accompanied the first Duke of Hamilton in his unfortunate expedition into England in 1648, where, the Duke being defeated, he and Lord Bargany were taken prisoners. He was carried to Ashby and other places in England, where he was detained a prisoner for a year. Later Lord Bar- gany went over to the Netherlands to attend his Majesty, and from there he was sent to Scotland to assist in raising forces for the King's restoration. When Charles marched with his army into England in 1651 he sent Lord Bargany to the north of Scotland to procure maintenance for his army and to raise a second levy. After the defeat of Charles and his forces Lord Bargany was taken prisoner at Elliott in Perthshire 28 August 1651, 4 carried to London and imprisoned in the Tower for about a year.5 Cromwell excepted him out of his Act of Grace and Pardon 12 April 1654. He died April 1658.6 Lord Bargany married, 1632,7 Jean Douglas, second daughter of William, first Marquess of Douglas. She died 1669.8 They had issue :— 1. JOHN, second Lord Bargany. 2. Major William, married,9 3 April 1662, Mary, daughter of Sir Patrick Hay of Pitfour, relict of George Butter of Clashbenny. 3. Margaret, married, first, to John Kennedy of Culzean, who died 1665 ; secondly, in 1667,10 to Sir David Ogilvy of Olova, and had issue by both. 4. Anna, married to Sir Patrick Houston, in the county of Renfrew, Bart., and died April 1669.11 5. Grizel. 6. Marjory, married, 7 October 1671, to William Baillie of 1 Reg. Mag. Sig., 21 December 1637. 2 Retours General, 2673. 3 Diploma of John, Lord Bargany (at Bargany), Bargany MSS. 4 Scotland and the Commonwealth, Scot. Hist. Soc., 9. * Bargany MSS. 6 Record of Retours, MS. Ayrshire, xxvi. 332. 7 Bargany MSS. 8 Edin. Tests., 29 December 1669. 9 Lament's Diary, 145. 10 Cortachy MSS. n Glasgow Tests., 5 July 1669. HAMILTON, LORD BARGANY 29 Lamington,1 and had a son William, who died in his seventeenth year. 7. Hon. Katharine Hamilton, married (marriage-contract December 1676) to William Ouningham of Enterkine, in Ayrshire, and had issue. She died 11 January 1741.2 II. JOHN, second Lord Bargany, was served heir to his father 17 October 1662.3 Being obnoxious to the ministers of King Charles n., he was imprisoned in Blackness Oastle in November 1679, and from there removed to Edinburgh, where, on 24 February 1680, he was served with an indictment for high treason, bearing that in 1674 or 1675 he, with great oaths and execrations, did curse some of the chief nobility of the kingdom, because they would not make themselves the hea4 of the fanatics, and swore that they would never signify anything because they had lost that opportunity ; and because the Duke of Lauderdale had, by his extraordinary care, prudence, and loyalty, defeated the designs which he and the said fanatics were managing for disturbing the government of the church and state, he did, in 1677 or 1678, publicly regret that the English or fanatics did not kill or assassinate his Grace, and did hound out others to assassinate him ; that in 1675 or 1676 he did endeavour to persuade George Martin, no tar in Dailly, that the fanatics would never get their business done while the Duke of Lauderdale was alive, and that a hundred men would do more by assaulting him in his own house at Leth- ington than all they could do beside : Likeas, Mr. John Welsh, a factious trumpet of sedition and treason, having made a trade of convocating the subjects in field-meetings, he did correspond with him, and having directed a letter to him, while he and his accomplices were contriving another rebellion, he did send the same to Sauchill, by his own servant, in May or June last, which being read at the said convocation did encourage that rebellion: that he corresponded with Cunningham of Bedlan, desiring him to repair to the westland army, and persuaded all gentlemen and others to join them, since he and persons of far greater 1 Lives of the Baillies, 4A. 2 Caledonian Mercury. 3 Retours, Ayrshire, 30 HAMILTON, LORD BARGANY quality would do the same : that he gave no notice of his tenants who had been in that rebellion, but did entertain notour rebels in his house: that he did publicly maintain the principles of Naphtali, Jus Populi, Lex Rex, declaring that Scotland would never be well till it wanted episcopacy, and the present government of the Church were destroyed, as unfit for the nation ; and in October or November last did openly declaim against the sacred order and function of episcopacy, swearing he would never be in peace till the curates were rooted out, and that they were all but knaves and rogues.1 This indictment was not brought to trial for want of evidence. The King, on the llth of May 1680, issued a letter to his Privy Council in Scotland, bearing that he had received a petition from Lord Bargany representing his father's loyalty and sufferings, asserting his innocence of the crimes he was indicted for, and attesting God there- upon; and his Majesty, being unwilling he or any of his subjects should receive prejudice by long imprisonment, till there appears evident proof of their guilt, required him to be liberated under proper caution to appear in order to trial, if hereafter sufficient proofs of his guilt should be found. The Council, 3 June, issued an act in terms of that letter, but on the fourteenth of that month the advocate offered an additional libel, that in May or June last year Lord Bargany, hearing of the murder of Arch- bishop Sharp, said it was happy, for he was a great enemy to the cause of God and his people, and the Church of Christ. Lord Bargany was, notwithstanding, released from confinement in the Castle of Edinburgh, on finding security in 50,000 merks to stand trial. After he was at liberty he discovered by diligent investi- gation that Cunningham of Montgrenan and his servant, two of the prisoners taken at Bothwell, were suborned by Sir Charles Maitland of Hatton and Sir John Dalrymple, to give false evidence against him.2 Their depositions, which also affected the Duke of Hamilton, were prepared before- hand, and they were promised a share of the confiscated estates, but as the trial approached, their conscience 1 Wodrow's Church of Scotland, iii. ; Howell's State Trials, ii. 2 Bar- gany MSS. HAMILTON, LORD BARGANY 31 revolted against the crime. Bargany's evidence was ready to be produced before Parliament, 28 July 1681, but the Duke of York interposed to prevent inquiry. Lord Bargany entered heartily into the Revolution, and raised a regiment of six hundred Foot for the public service. He died, 15 May 1693, at ten at night,1 and was buried at Ballantrae, Ayrshire.2 Lord Bargany married, first, in 1662, Margaret Cunning- ham, second daughter of "William, ninth Earl of Glencairn, Lord High Chancellor of Scotland, by whom he had : — 1. John, Master of Bargany, who died, before his father, 1690, and was buried, 27 March, at St. Giles' Church, Edinburgh ; 3 he married, 19 June 1688,4 Jean, daughter of Sir Robert Sinclair of Longformacus, Bart. ; she died 12 December, and was buried, 16 December 1700, in New Church (St. Giles').5 They had one daughter : — (1) Johanna, born 1690,6 heiress of Bargany. She married, 20 March 1707, Sir Robert Dalrymple of Castleton, Knight, eldest son and heir-apparent of the Hon. Sir Hew Dalrymple, Bart., of North Berwick, Lord President of the Court of Session (died 1734), and had issue : 7 — i. Hew, born 12 March 1712, succeeded as second Baronet of North Berwick, died 23 November 1690. He married, contract 15 July 1743, Margaret, daughter of Sainthill, Garlickhill,8 and by her, who died 31 December 1747, had issue. (See title Stair.) He married, secondly, 17 August 1756, Martha Edwin of Savile Row.9 ii. John, born 4 February 1715, took the name and arms of Hamilton of Bargany, on the estates being adjudged to him by a decision of the House of Lords, died 12 February 1796. 10 He married, first, Anne, third daughter of James, fourth Earl of Wemyss, marriage- contract 25 April 1746, n by whom he had no issue ; secondly, marriage-contract 4 July 1769, Margaret Montgomery, sister of Hugh, twelfth Earl of Eg- linton,12 also without issue. She died 25 October 1798.13 iii. Robert, born 30 July 1716, married, 22 July 1745, Jean Record of Retours, MS. xliii. 355. a Bargany MSS. 3 Funeral entry, Lyon Office. 4 Edinburgh Register. 5 Funeral entry, Lyon Office. 6 Canongate Register. 7 The date of Johanna Hamilton's marriage to Sir Robert Dalrymple, and the dates of births of their children are from entries in Bible at Bargany. Johanna died 1719 (Bargany MSS.). 8 Scots Mag. 9 Ibid. 10 Dailly Par. Register. " Memorials of the Family of Wemyss of Wemyss, by Sir W. Fraser. 12 Eraser's Memorials of the Montgomeries, i. 148. 13 Caledonian Mercury. 32 HAMILTON, LORD BARGANY Barclay, heiress of Towie,1 daughter of Sir Alexander Innes or Barclay, Bart. She died May 1746. 2 iv. James, born December 1717, died soon thereafter. v. Marion, born 6 March 1708, died December 1740, married, 1732, to Donald, fourth Lord Reay. vi. Jean, born 1709, died three years thereafter, vii. Elizabeth, born 3 May 1713, died 24 April 1781, married to William Duff of Crombie, Sheriff-Depute of Ayr- shire, who died 8 January 1781.3 2. WILLIAM, third Lord Bargany. 3. Nicolas, married, April 1690, to Sir Alexander Hope of Kerse, Bart., and had a son, Sir Alexander Hope of Kerse. Lord Bargany married, secondly, in 1676, Alice Moore, eldest daughter of Henry, first Earl of Drogheda, dowager of Henry, second Earl of Clanbrassil. She died at Ros- common House, Dublin, 25 December 1677,4 without issue. III. WILLIAM, third Lord Bargany, succeeded his father 1693, was appointed a captain in his father's regiment 1689.5 He took the oaths and his seat in Parliament 9 May 1695, exerted himself in opposition to the Treaty of Union, and died July 1711.6 Lord Bargany, married, first, Mary, born 20 June 1677, eldest daughter of Sir William Primrose of Oarrington, sister of the first Viscount Primrose, by whom he had issue : — 1. John, born 22 March 1696,7 died young. 2. Grizel, married, 15 February 1713,8 as his second wife, to Thomas Buchan of Cairnbulg, advocate, and had issue : — (1) Mary. (2) Anne, (3) Nicolas, married to Thomas Buchan of Auchmacoy, and had issue. Lord Bargany married, secondly, contract dated 6 August 1708,9 Margaret, eldest daughter of Robert Dundas of Arniston, a Lord of Session, sister of the first President Dundas. She died 30 March 1717, and had issue : — 3. JAMES, fourth Lord Bargany. 1 Scots Magazine. 2 Edinburgh Tests. 3 Inscript. on tombstone at Ayr. 4 Bargany MSS. 5 Ibid. 6 Glasgow Tests., 16 March 1750. 7 Dailly Register. 8 Edinburgh Register. 9 Arniston MSS. HAMILTON, LORD BARGANY 33 IV. JAMES, fourth Lord Bargany, was born 29 November 1710, succeeded his father 1711. He travelled abroad for a time, as appears from Hamilton of Bangour's epitaph on the companion of his travels — « With kind Bargeny, faithful to his word, Whom heaven made good and social, though a lord, The cities view'd of many languaged men.' He died, unmarried, at Edinburgh, on 28 March 1736, in the twenty-sixth year of his age, and was buried, 5 April, in the Abbey Church of Holyrood House,1 when the title became extinct. CREATION. — Lord Bargany, 16 November 1641. ARMS. — Stated by Nisbet to have been : — Quarterly, 1st and 4th gules, three cinquefoils ermine, for Hamilton ; 2nd and 3rd argent, a ship sails furled sable, for Arran ; all within a bordure compony argent and azure, the first charged with hearts gules, and the second with mullets of the first. CREST. — A crescent gules. SUPPORTERS. — Dexter, an antelope argent, collared gules, charged with three cinquefoils ermine ; sinister, a savage proper with a shoulder-belt gules charged with cinquefoils ermine and wreathed about the head and middle with laurel vert, holding in his left hand a garb or. MOTTO. — J'espere. [H. H. D.] Register of Burials, Chapel Royal, Holyrood House. VOL. II. BARRET, LORD BARRET OF NEWBURGH IR EDWARD BARRET, of Belhouse, or Belhus, in the parish of Aveley, co. Essex, son and heir of Charles Barret (who was son of Edward Barret of Belhus, and died v. p. 1584), by Christian, daughter of Sir Walter Mildmay, of Apethorpe, co. Northampton, Knt.,1 was born about 1580, suc- ceeded his grandfather Edward Barret in the estate of Belhus 1586. Knighted at Newmarket, 17 April 1608.2 Ambas- sador to France 1625. Was created by Charles I. a Peer of Scotland, by the title of LORD BARRET OF NEW- BURGH, co. Fife,3 by patent, dated at Whitehall 17 October 1627, to himself and the legitimate heirs-male of his body, bearing the name and arms of Barret.4 He was a year afterwards created a Baronet of Nova Scotia.5 Was Chancellor of the Exchequer 1628, and was also 1 By Charles Barret she had, besides Sir Edward Barret, Lord Barret of Newburgh, a son Walter Barret, who died s. p., and two daughters, Dorothy, wife of Charles, second Lord Stanhope of Harrington, and Anne, wife of Sir Robert Harley, Knight of the Bath. She married, secondly, Sir John Leveson, Knight, of Hailing, co. Kent, by whom she had issue. 2 Metcalfe's Book of Knights. 3 He was frequently styled 'Lord Newburgh,' and his will is signed 'E. Newburgh.' 4 Reg. Mag. Sig., 20 June 1628. 5 Complete Baronetage, by G. E. C. BARRET, LORD BARRET OF NEWBURGH 35 Chancellor of the Duchy of Lancaster. He died without surviving issue, and was buried at Aveley, 2 January 1644-45, when the Peerage became extinct. By his will, dated 17 March 1643-44, and proved 7 February 1645-46,1 he devised the manor of Belhus, and all his lands in Essex, upon trust for his distant kinsman Richard Lennard,2 of Horsford, Norfolk, son of Richard, Lord Dacre, by his second wife Dorothy, daughter of Dudley, Lord North, on condition that he should assume the name of Barret. Lord Barret of Newburgh married, first, 17 October 1627, Jane, •daughter of Sir Edward Gary, of Aldenham, co. Herts, and sister of Henry, first Viscount Falkland (by whom he had a daughter Catherine, who died an infant). She died, aged thirty-eight, and was buried at Aveley, 2 January 1632-33. He married, secondly, Catherine, widow of Hugh Perry, Alderman of London, and daughter of Hugh Fenn of Wotton-under-Edge, co. Gloucester, but by her he had no issue. She married, thirdly, 29 September 1623, William Morgan, her steward, and was living as his wife 19 October 1664. CREATION. — Lord Barret of Newburgh, 17 October 1627. ARMS. — Party per pale argent and gules, barry of four pieces counterchanged. CREST. — A hydra, proper. SUPPORTERS. — Two lions or, collared per pale argent and gules. [H. w. F. H.] 1 P. C. C., 15 Twisse. 2 Richard Lennard was descended from the second marriage of Lord Barret' s great - grandmother, Elizabeth, daughter of Thomas Dinely, wife, first, of George Barret, and secondly, of Sir John Baker, of Sissinghurst, co. Kent, Knight. He was Sheriff of Essex 1679, and died at Belhus 1696. His great-grandson, Thomas Barrett-Lennard, seventeenth Lord Dacre, left the estate of Belhus to his illegitimate son, afterwards Sir Thomas Barrett-Lennard, first Baronet. DOUGLAS, VISCOUNT BELHAVEN OBERT DOUGLAS, of Spott, in the county of Haddington, third son of Malcolm Douglas of Mains, was Page-of-hon- our to Henry, Prince of Wales, and afterwards Master of the Horse. He was knighted at White- hall 7 February 1608-9. Upon the death of Prince Henry in 1612, he was appointed by King James to be one of the Gentle- men of the Bedchamber, and was sworn a Privy Councillor on 5 August 1622.1 He was continued in his office by King Charles I., by whom he was re - appointed to the Privy Council 9 June 1631. 2 He had charters under the Great Seal of an annualrent out of the lordships of Torthorwald and Carlyle 14 July 1612 and 3 June 1613,3 of the lordship of Torthorwald 11 September 1617,4 of the lands of Spott, and office of chamberlain and bailie of the lordship of Dunbar, united into a free barony of Spott 24 April 1624,5 and of certain lands of the lordship of Dunbar 29 June 1631. 6 On 24 June 1633, he was created a Peer of Scot- land, by the title of VISCOUNT OF BELHAVEN, in the county of Haddington, with destination to himself and the heirs-male of his body. In 1634 he acquired from Sir George Elphinston of Blythswood, the barony of Gorbals. 1 P. C. Reg., xiii. 42. 2 Ibid., second series, iv. 263. 3 Reg. Mag. Sig. 4 Ibid. 6 Ibid. 6 Ibid. DOUGLAS, VISCOUNT BELHAVEN 37 He died at Edinburgh 14 January 1639, aged sixty-six, and was buried in the vestry of the Abbey of Holyroodhouse, where a fine monument was erected to his memory by his nephews, Sir Archibald and Sir Robert Douglas. He married, May 1611, Nicolas, eldest daughter of Robert Moray of Abercairny, who died, November 1612, after giving birth to a child who did not survive, and was buried in the Savoy Chapel, where there is a monument to her memory surmounted with a recumbent figure of her husband. By a Miss Whalley of the county of Nottingham,1 he had two natural children, John and Susanna, who had letters of legitimation under the Great Seal 30 July 1631. 2 Susanna, then aged eighteen, had a licence from the Bishop of London to marry at St. Andrew's, Holborn, on 2 February 1635-36, a widower, aged thirty-four, Robert Douglas, afterwards Sir Robert Douglas of Blackerston, to whom and his spouse, Lord Belhaven, in 1636, made over the barony of Gorbals, reserving his own liferent. By them it was sold in 1650 to the Corporation of Glasgow. They had issue a large family. CREATION.— Viscount of Belhaven, 24 June 1633. ARMS. — According to Sir James Balfour, Argent, within a double tressure flory counterflory, a heart gules crowned or under a fess of the second charged with two mullets of the field, a martlet for difference. CREST. — An ermine proper. SUPPORTERS. — Two cocks of game, proper. But a stone on the Gorbals Court House has the mullets on a chief, and for supporters, dexter, a savage holding in his exterior hand a club, and, sinister, a lion imperially crowned. MOTTO. — Sans tache. [F. J. G.] 1 Birthbriefs, Lyon Office, S. 10, i. 90. 2 Beg. Mag. Sig. HAMILTON, LORD BELHAVEN OHN HAMILTON, of Broomhill, natural son of James, first Lord Hamilton, and illegiti- mate brother of James, first Earl of Arran, had a letter of legitimation under the Great Seal of Scotland 20 January 1512-13,1 and died about 1550. He married, first, Elizabeth, daughter and heir of Patrick Hamil- ton of Udston, and widow of John Hamil- ton of Nielsland, Lanark- shire. By her he had issue. He is said to have married, secondly, Margaret, daughter of Dalzell of Dalzell, in the same county. By her he had issue : — 1. JOHN, his heir. 2. Robert of Alanshaw. He had also a daughter, Margaret; it does not appear by which wife. She had a charter from Gavin, Oommen- dator of Kilwinning, to herself in liferent, and her son, Gavin Hamiltoun, in fee, of a tenement in Irvine 26 June 1559, charter of confirmation under the Great Seal 18 January 1576-77.2 JOHN HAMILTON of Broomhill, the eldest son, had a charter from Thomas Neilsoun, perpetual vicar of the 1 Reg. Mag. Sig. 2 Ibid. THROUGH HAMILTON, LORD BBLHAVEN 39 parish of Stanehous, of the ecclesiastical lands of Stane- hous, in Lanarkshire, 29 March 1560, charter of confirma- tion under the Great Seal 1 February 1565-66.1 He married Anne, daughter of Hamilton of Kilbrachmont in Fife, and had issue : — SIR JAMES HAMILTON of Broomhill, Sheriff of Lanark. He married Margaret, eldest daughter of William Hamilton of Udston, and had issue : — I. SIR JOHN HAMILTON of Broomhill, afterwards of Biel. For his loyalty to Charles i. he was created LORD BELHAVEN AND STENTOUN, to himself and the heirs- male of his body, whom failing his heirs-male whomsoever, by patent dated 15 December 1647.2 He accompanied Hamilton's expedition into England to attempt the rescue of the King in 1648, and was present at the battle of Preston. In 1675, being without male issue, he resigned his title into the hands of Charles n., who re-granted it by patent, dated 10 February 1675, conferring the Peerage on him for life, with remainder after his decease to the husband of one of his grand-daughters, John Hamilton, eldest son of Robert Hamilton, one of the clerks of Council and Session, and the heirs-male of his body, whom failing, to his nearest heirs-male whomsoever.3 The first Lord Bel- haven died 17 June 1679. Of him the following remarkable story is told by a contemporary : ' My Lord Belhaven with- out any example I ever heard of in Scotland, with his Ladie a very cuthie woman's advyce, did faine death, and for seven years was taken by all for dead, yet now (1661) appears again safe and sound in his own house. He was much engadged for Duke Hamilton: fearing the creditors might fall on his person and estate, and knowing, if he were reputed dead, his wife by conjunct fee and otherwise would 1 Reg. Mag. Sig. 2 Recited in the re-grant aftermentioned. 3 Beg. Mag. Sig., Ixv. 88, MS. Printed in the Minutes of Evidence taken before the Committee for Privileges, to whom were referred the Petitions of James Hamilton and Lieut. -Col. R. W. Hamilton, both claiming the title of Lord Belhaven and Stenton (House of Lords Sessional Papers, Minutes ordered to be printed 7 July 1874). The genealogical statements contained in the present article are based chiefly on the documents produced in evidence in this case. 40 HAMILTON, LORD BELHAVEN keep his estate : he went with his brother and two servants, towards England. These returned affirming that on Solway Sands my Lord was carried down by the river and they could no rescue him. His horse and his hatt they got, but when all search was made his bodie could not be found. His ladie and friends made great dool for him and none controverts his death. In the meantime he goes beyond London and farms a piece of ground and lives verie privatlie there. He had but one boy, a verie hopeful youth and prettie scholar. God strikes him with a fever as his mother said, but as others saith a fall from a horse, whereof in a few dayes he dies. In this reall death by God's hand who will no be mocked, the hope of that house perished. So that as the Duke's death was satisfied by selling his own lands, the secret journies of my Lord to his own house were espied and so much talked of that he now at last appears in public for his great disrepute, and though he disposes of his estate to his good son Silverton after his death yet many think that both their estates will go.'1 Nicol2 says Lord Belhaven was absent for six years and came back in 1659, having hired himself to be a gardener in England. He married Margaret,3 natural daughter of James, second Marquess of Hamilton, and had issue : — 1. a son, who died about 1661 as above stated. 2. Margaret, married in 1650 to Sir Samuel Baillie, younger of Lamington, with issue. He died 8 March 1668 ; she died 18 March 1674.4 3. Anne, married to Sir Robert Hamilton of Silvertonhill, Baronet, and had issue : — (1) Sir Robert Hamilton, Baronet. (2) Thomas. (3) Margaret, married to John Hamilton, second Lord Belhaven. (4) Anne, married to Sir William Craigie of Gairnie, without issue. (5) Elizabeth, married John Livingstone. (6) Mary. The second Lord Belhaven was descended from John Hamilton of Nielsland, in Lanarkshire, fourth son of James Hamilton of Raploch, in the same county. John Hamilton married Elizabeth, only child of Patrick Hamilton of 1 Baillie, iii. 436. 2 Diary, 233. 3 A remarkable adinon. of the goods of Lord Belhaven was granted 11 November 1656, Lady Margaret the relict renouncing ; v. Complete Peerage, i. 306 (note c). 4 Lives of the Baillies, 41. HAMILTON, LORD BELHAVEN 41 Udston (she was married, secondly, to John Hamilton of Broomhill, v. supra, p. 38), and by her had issue : — JOHN HAMILTON of Udston, killed at the battle of Lang- side, on the side of Queen Mary, 13 May 1568. He is said to have married a daughter of Sir Robert Dalzell of Dalzell, and had issue : — William of Udston, called 'Willie Wisehead.' He had a son, John of Udston, who had a charter ' Joanni Hamilton de Udston, fllio et haeredi Willielmi,' of a tenement and garden in Hamilton, 20 April 1593. He married Margaret, daughter of James Muirhead of Lachop, in Lanarkshire, by Janet, sister of James Hamilton of Bothwellhaugh, who killed the Regent Murray. By her he had issue : — 1. John Hamilton of Ooltness, married Helen Whiteford, daughter of Milton, and had issue : — (1) John Hamilton of Udston, a Commissioner of Supply for Lanarkshire, 1645, 1648, 1649, married a daughter of Sir Archibald Stewart of Castlemilk, and had issue, John, his heir, Robert, a writer in Edinburgh, and six daughters, married respectively to Cunningham of Gilbertland, William Hamilton of Wishaw, Gladstanes of Gladstanes, Hamilton of Grange, Learmont of Newholm, and James Hamilton, minister of Eaglesham. John, the eldest son, Sheriff of Clydesdale, married Margaret, daughter of Cleland of Cleland, and had a daughter married to Hamilton of Barr, and a son, John Hamilton of Udston, collector of customs at Prestonpans, who married Elizabeth, third daughter of Robert Brown of Coalstoun, by whom he had two sons, Alexander and William, and a daughter Margaret. Alex- ander Hamilton married Elizabeth, daughter of William Gumming of Drummine, and had two sons, William and John. William assumed the title of LORD BELHAVEN, and voted as such at the election of representative peers in 1790 (see p. 47). He was a captain in the Twenty-second Foot, with the rank of major in the army, and died 19 January 1796. (2) William. (3) Margaret, married to Hamilton of Airdrie. 2. JAMES HAMILTON of Barncleuch, of whom presently. 3. WILLIAM HAMILTON of Wishaw, ancestor of the present Peer. His descendants will be dealt with later. (See p. 48.) 4. Margaret, married to Sir James Hamilton of Broom- hill, mother of the first Lord Belhaven. 5. Barbara, married to Ralston of Ralston. 42 HAMILTON, LORD BELHAVEN 6. Jean, married to John Hamilton of Gilkerscleugh. 7. Catherine, married to Baillie of Park.1 JAMES HAMILTON, first of Barncleuch, acquired that estate by his marriage with Margaret, daughter and heir of Robert Hamilton of Barncleuch. By her he had six sons : — 1. Quintin Hamilton of Barncleuch, who was infeft in Barncleuch, as heir of his father, 21 May 1635. He had one son John, who died without issue before 21 February 1705. 2. James Hamilton, minister of Eaglesham, died 1684, aged about sixty-six. He married, 30 March 1652, Helen, youngest daughter of John Hamilton of Udston (see p. 41), and had four sons and two daughters.2 3. ROBERT HAMILTON, of Presmennan, of whom afterwards. 4. Archibald Hamilton of Rosehall, merchant in Edin- burgh, created a Baronet 10 April 1703, died before 17 March 1710, when his son was served heir to him.3 He married, first, Elizabeth, daughter of Jardine of Applegarth, by whom he had issue : — (1) John, baptized 4 February 1672, probably died young. (2) Margaret, married, 7 July 1693, to James Hamilton of Dalzell, who died 1727; she died 22 March 1704, cet. thirty-three, leaving issue.4 (3) Elizabeth, married to William Cunningham of Brownhill, died 1 March 1760. Sir Archibald Hamilton married, secondly, Bethia,5 daughter of Murray of Deuchar, and by her had : — (4) Archibald, baptized 28 October 1681, died s. p. (5) Sir James Hamilton of Rosehall, Baronet, baptized 24 Novem- ber 1682, served heir to his father 17 March 1710; M.P. for Lanarkshire 1735, re-elected 1741 and 1747 ; married, 2 March 1707, Hon. Frances Stuart, second daughter of Alexander, fifth Lord Blantyre, and died, without issue, at London, 1 March 1750. (6) William, baptized 18 January 1684, died s. p. (7) Alexander, baptized 8 May 1685, died s. p. (8) Robert, baptized 13 January 1688, died s. p. (9) Sir Hugh Hamilton of Rosehall, Baronet, served heir to his brother 27 November 1750, died at Rosehall 1 September 1755. Married, 23 June 1750, Margaret, daughter of James Stirling of Keir, and had issue : — i. Marion Hamilton, died 28 July 1757. 1 Douglas's Baronage. * Scott's Fasti, ii. 64, and authorities there cited. 3 Douglas's Baronage. 4 Statistical Account, xxi. 237. 6 Edin- burgh Reg. of Baptisms. HAMILTON, LORD BELHAVEN 43 Sir Hugh dying without male issue, the title of Baronet became extinct, and the estate of Rosehall devolved on his nephew of the half-blood, Archibald Hamilton of Dalzell, who was served heir to him 5 October 1757. (10) Eupham, baptized 10 August 1680. (11) Anna, baptized 3 October 1686. l 5. John Hamilton, and 6. William Hamilton, both of whom died without male issue. ROBERT HAMILTON of Presmennan, third son of James Hamilton of Barncleuch, admitted Writer to the Signet 24 March 1648 ; advocate 13 January 1677 ; one of the principal clerks of Session 1661-76 ; a Senator of the College of Justice, under the title of Lord Presmennan, 1 November 1689. He was knighted after the Revolution, and died at Edinburgh, 10 November 1695. Married Marion, eldest daughter of John Denholm of Muirhouse, and had issue : — 1. JOHN, second Lord Belhaven. 2. James of Pencaitland, baptized 28 August 1659; admitted Writer to the Signet 19 February 1683 ; appointed a Senator of the College of Justice, by the title of Lord Pencaitland, 8 November 1712, also a a Commissioner of Justiciary. Demitted office as Commissioner of Justiciary, 4 July 1726, by reason of the gout and other bodily infirmities.2 Died 1729. Married Catherine, daughter of James Denholm of Westshiels,3 and had issue :— (1) John, who succeeded to Pencaitland, and died without sur- viving issue, 14 February 1724.4 He married Margaret, heiress of Alexander Menzies of Saltcoats in Haddington- shire (she afterwards married the Hon. William Carmichael of Skirling, second son of the first Earl of Hyndf ord), and had issue :— i. James, born 25 January 1710, died young. (2) Alexander of Dechmont, Linlithgowshire, W.S. He suc- ceeded his brother John in Pencaitland, and made an entail of Pencaitland, Dechmont, Saltcoats, etc. , to Mary Hamilton, his only child, dated 31 January 1747. This entail was made in view of her marriage.5 He died at Pencaitland 21 March 1 All these children except Hugh recorded in Edinburgh Register. 2 Original Demission in Charter-chest of Fletcher of Salton ; MS. Notes in Sir William Eraser's copy of Douglas. 3 Coltness Collections, 6. 4 Special Retour of his brother Alexander, as heir to him in Pencaitland, 7 April 1724 ; Eraser's MS. Notes. 6 Eraser's MS. Notes. 44 HAMILTON, LORD BELHAVEN 1758. He married Mary, eldest daughter of Sir Francis Kinloch of Gilmerton, Baronet (she died 24 February 1772), and had issue : — i. Mary, heiress of Pencaitland, Saltcoats, Dechmont, and Barncleuch. On the death of the fifth Lord Belhaven in 1777, she succeeded, in default of heirs- male, to his estates of Biel and Presmennan. She married, at Edinburgh, 2 February 1747, William Nisbet of Dirleton, who died at Edinburgh, 1 March 1783. i She died 13 March 1797, having had issue. (3) Robert , baptized 16 July 1686. (4) Marion, baptized 17 February 1685. (5) Anna, baptized 8 August 1687.2 3. Archibald, baptized 4 May 1662. 4. Robert, baptized 23 October 1664. 5. William, baptized 24 December 1665 ; admitted W.S. 9 October 1697 ; died s. p. 6. Daniel, baptized 1 September 1669; writer in Edin- burgh; married, 30 December 1700, Mary, daughter of Robert Hamilton of Monkland. 7. Robert, baptized 17 December 1670, captain in the First or Royal Regiment of Foot. 8. Quentin, baptized 28 April 1672. 9. Harry, baptized 7 September 1673 ; a surgeon-apothecary in Edinburgh ; married Catherine Ross ; died s. p. m. 10. Thomas of Presmennan, baptized 9 May 1675 ; advocate 1701 ; for forty years Master of the King's Ward- robe in Scotland ; died s. p. 7 May 1749. 11. Catherine, baptized 27 August 1654. 12. Anne, baptized 1 August 1658 ; married to Alexander, fifth Lord Blantyre, with issue. 13. Marion, baptized 3 March 1661. 14. Margaret, baptized 25 September 1663. 15. Rachel, baptized 19 May 1667. 16. Cecil, born 6 July 1676.3 Married to Sir Robert Stewart of Tillicoultry, Baronet, a Lord of Session, second son of Sir James Stewart of Bute, and had issue. Died at Edinburgh 21 November 1762.4 II. JOHN HAMILTON of Biel, eldest son of Lord Presmennan, was born at Edinburgh 5 July 1656, and married, 1674, Margaret, eldest daughter of Sir Robert Hamilton of Silver- 1 Fraser's MS. Notes. 2 The last three children are recorded in the Edinburgh Register. 3 Edinburgh Register of Births. 4 All these chil- dren recorded in the Edinburgh Register. HAMILTON, LORD BELHAVEN 45 tonhill, Baronet, by his wife, Anne, daughter of John, first Lord Belhaven. She survived him, and died 4 January 1717. On the death of that Lord, in 1679, this John Hamilton suc- ceeded as second Lord Belhaven, in terms of the limitations of the patent of 10 February 1675. (See p. 39.) In the Scots Parliament of 1681 he opposed the measures of the Government, and during the debate on the Test Act he spoke of it as failing 'to secure our religion from a popish or fanatical successor to the Crown,' a remark obviously aimed at the Duke of York. For this he was committed prisoner to Edinburgh Castle, and the King's advocate declared that there was matter for an> accusation of treason against him ; but having ' on his knees at the bar craved pardon,' he was restored to his place in Parlia- ment. He was one of the Scots nobles who in January 1689 invited Williana of Orange to assume the government, and to call a Convention of the Estates, and at the meeting of the Convention he took part in the settlement of the crown on William and Mary. In June 1689 he was ap- pointed a Commissioner for executing the office of Clerk of Register, and in July a member of the Scots Privy Council. He commanded the Haddingtonshire troop of horse at the Battle of Killiecrankie, 27 July 1689. He was one of the farmers of the poll-tax, which was leased at £30,000 ster- ling in 1693 ; and of the excise in Scotland from September 1695 to March 1697, at the rate of £80,800 sterling for those eighteen months, from which the Parliament of Scotland, 18 September 1705, allowed £17,181 to be de- ducted. He was a warm supporter of the Darien Scheme, being one of the few subscribers of £1000 to the South African Company. On the accession of Queen Anne he was continued a Privy Councillor. In the Scots Parliament of 1703 he actively supported the Act of Security. He was accused of having taken part in the so-called t Scotch plot ' of that year for a Stuart restoration. He was appointed a Com- missioner of the Scots Treasury in August 1704, but was removed next year. He was a strenuous and eloquent opponent of the Union. His speech against it on 2 November 1706 remains the best- known example of the oratory of the old Scots Parliament. 46 HAMILTON, LORD BELHAVEN In 1708 he was arrested and sent in custody to London on suspicion of favouring the attempted French invasion of that year. He was examined by the English Privy Council and admitted to bail. He died a few days afterwards, on 21 June 1708, of inflammation of the brain. Lord Belhaven published An Advice to the Farmers in East Lothian to Labour and Improve their Grounds. One writer states that 4 he was of a good stature, well set, of a healthy constitution, black complexion, and graceful, manly presence, had a quick conception, with a ready and masculine expression, and was steady in his principles, both in politics and religion.'1 By another critic he is described as a 'rough, fat, black, noisy man, more like a butcher than a lord.'2 There is a portrait of him in Pinkerton's Scottish Gallery, 1799.3 He had two sons : — 1. JOHN, third Lord Belhaven. 2. James, advocate, 1703; assistant solicitor to the Boards of Customs and Excise in Scotland, 1717; married Anne, daughter of John Walkinshaw of Walkinshaw ; died, without issue, 28 June 1732. III. JOHN, third Lord Belhaven, the eldest son, succeeded his father in 1708. He was chosen one of the sixteen Repre- sentative Peers for Scotland in 1715, was appointed one of the Gentlemen of the Bedchamber to George, Prince of Wales, and commanded the East Lothian troop of Horse at Sheriffmuir 13 November 1715. He was appointed Governor of Barbadoes, and was lost on his passage out to that colony on board the Royal Anne Galley, off the Lizard, 17 November 1721. He married Anne, daughter of Andrew Bruce, merchant in Edinburgh, a cadet of the family of Earlshall in Fife, and had issue : — 1. JOHN, fourth Lord Belhaven. 2. Andrew, an officer in the army, died, unmarried, in 1736. 3. JAMES, fifth Lord Belhaven. 4. Robert, a major in the army ; served in the Expedition to Carthagena under Lord Cathcart in 1741 ; died unmarried in 1743. 1 Beyer's Queen Anne, Appendix, p. 44. 2 Macky's Memoirs, 236. 3 Diet, of Nat. Biog. ; FountainhaU's Historical Notices of Scottish Affairs, ii. 307: Acta Parl. Scot.,viu. 247a, ix. 27b; Defoe's History of the Union (ed. 1786), 317. HAMILTON, LORD BELHAVEN 47 5. Margaret, married to Alexander Baird, son of Sir William Baird of Newbyth. IV. JOHN, fourth Lord Belliaven, succeeded his father 1721. He was General of the Mint, and a member of the Board of Manufactures. He died, unmarried, at Newcastle, 28 August 1764, and was succeeded by his next surviving brother, V. JAMES, fifth Lord Belhaven, who entered the Faculty of Advocates 1728, was appointed assistant solicitor to the Boards of Customs and Excise 1733, and Sheriff-depute of the county of Haddington, on the abolition of heritable jurisdic- tions, 1747. He died, unmarried, at Biel, 25 January 1777. By virtue of an entail executed by John, second Lord Belhaven, 17 October 1701, settling his estates on the heirs- male of the body of his father, Lord Presmennan, whom failing, on the heirs-female ; which entail was confirmed by James, fifth Lord Belhaven, by another entail of 14 May 1765, wherein he excluded the jus mariti of the husbands of the heirs-female succeeding to the property ; the whole male descendants of Lord Presmennan having failed, the family estates devolved on Mrs. Mary Hamilton Nisbet of Pencaitland, Saltcoats, and Dechmont, wife of William Nisbet of Dirleton. She was accordingly served heir of tailzie and provision to James, fifth Lord Belhaven, 3 December 1783.1 The whole male descendants of James Hamilton of Barncleuch having also failed, the title of Lord Belhaven, in terms of the patent of 1675, devolved on Robert Hamil- ton sixth of Wishaw, the direct heir-male of William Hamilton, third of Wishaw, third son of John Hamilton of Udston, as the heir-male whomsoever, according to the law of Scotland, of the second Lord. The title was, however, assumed by Captain William Hamilton (see p. 41) as lineal descendant and heir-male of John Hamilton of Ooltness, the eldest son of John Hamilton of Udston. He appeared by his proxy, the Earl of Balcarres, at the General Election 1 Entails and retour of service printed in Minutes of Evidence, Belhaven Case, 9. 48 HAMILTON, LORD BELHAVEN of Representative Peers, held on 24 July 1790, and voted as Lord Belhaven. This vote was protested against by Mr. Hamilton of Wishaw and the Earl of Lauderdale, and the matter having been brought before the House of Lords by several Peers, that House on 25 February 1793, resolved the question ' that the votes given by the person who voted at the said election under the title of Lord Belhaven, were good ' in the negative.1 In 1795 William Hamilton of Wishaw, eldest son and heir of Robert, presented a petition to King George in. claiming the Peerage under the remainder in the patent of 1675, as heir-male whomsoever of the second Lord, and this claim was determined in his favour on 19 April 1799. His descent was as follows : — WILLIAM HAMILTON, first of Wishaw, the third son of John Hamilton of Udston, and Margaret Muirhead (see p. 41), died about 1642. He married, in August 1621, Beatrix, daughter of James Douglas of Morton, and had issue : — 1. JAMES HAMILTON, second of Wishaw, who died s. p. m. before 1654. 2. John Hamilton, who died s. p. at Gartness in 1666. 3. WILLIAM HAMILTON, of whom hereafter. 4. Quintin Hamilton, who died s. p. 5. Margaret, married to George Oleland of Gartness. WILLIAM HAMILTON, sometime writer in Edinburgh, acquired the rights of his immediate elder brother to the property and was styled third of Wishaw. He was dis- tinguished as an antiquary and genealogist, and is referred to by George Crawford, the historian of Renfrewshire, ' as that fam'd antiquary, William Hamilton of Wishaw,' while Nisbet acknowledges his obligations to him in the produc- tion of his Heraldry. He left a manuscript 4 Account of the Shyres of Renfrew and Lanark,' which is preserved in the Advocates' Library. It was used by both Crawford and Nisbet, was edited by William Motherwell, and printed by the Maitland Club in 1832.2 He died about 1726. He 1 Belhaven Case ; Case for the claimant, James Hamilton, In. 2 Diet. Nat. Biog. HAMILTON, LORD BELHAVEN 49 married, first, in 1660, his cousin Anne, daughter of John Hamilton of Udston, and had issue who survived : — 1. William, born at Auldstoun, 4 May 1661, and died unmarried before his father. 2. ROBERT, younger of Wishaw, born at Wishaw 6 July 1664, of whom afterwards. 3. James, born at Edinburgh 10 January 1666, died with- out issue. 4. Archibald, born at Edinburgh 22 January 1667, married Miss Hamilton, heiress of Dalserf , and had issue. 5. John, born at Edinburgh 30 November 1667, died s. p. 6. Thomas, born at Wishaw 9 October 1669, died young. 7. Margaret, married to Oleland of Oleland. William of Wishaw married, secondly, at Edinburgh, 31 August 1676, Mary, eldest daughter of the Hon. Sir Charles Erskine of Alva, Baronet, fifth son of John, seventh Earl of Mar, and had 'issue by her: — 8. Charles Hamilton of Weatherley, born 17 December 1678, married, 1699, Euphemia, youngest daughter of Sir Archibald Hamilton of Rosehall, Baronet, by whom he had : — (1) William, born 28 December 1700, died young. (2) Bethia, born 31 January 1702, married to her cousin William Hamilton of Wishaw (p. 52). (3) Archibald, born 7 January 1703, died young. (4) Charlotte, died unmarried. 9. John Hamilton of Newton, born 30 November 1680; admitted a W.S. 3 March 1707. He is mentioned in Lockhart's Memoirs as the person sent by the Jacob- ites in Scotland in 1708 to the Duke of Hamilton, then at Ashton in Lancashire, with intelligence of the projected French invasion. Died at Edinburgh 25 January 1757. He married Jean, daughter of Garthshore of Garthshore, and had issue : — (1) Helen, married in 1741, to Sir Patrick Murray of Ochtertyre, Baronet, and had issue ; died at Gartly 11 July 1773. (2) Jacobina, married to Sir George Dunbar of Mochrum, Baronet, and had issue ; died at Edinburgh 28 January 1792. 10. William, born 6 August 1685, bred to the law of Scot- land, went to London soon after the Union, was called to the English Bar, and became a Bencher of Lincoln's Inn. Horace Walpole wrote of him that VOL. II. D 50 HAMILTON, LORD BELHAVEN he was 4 the first Scot who ever pleaded at the English Bar, and, as it was said of him, should have been the last.' He died 15 January 1754. He married Helen, daughter of David Hay of Wood- cockdale, in the county of Linlithgow, sister of David Bruce of Kinnaird, and had issue :— (1) Robert Hamilton, born 1724, died 1737. (2) The Right Hon. William Gerard Hamilton, born in Lincoln's Inn Fields, 28 January 1729 ; elected M.P. for Petersfield on a vacancy 1754, and re-elected at the general election in the same year; for Pontefract 1762, for Old Sarum 1768, for Wareham 1774, for Wilton 1780 and 1784, and for Hasle- mere 1790; was in eight successive Parliaments, and sat forty-two years in the House of Commons. He also sat in the Irish Parliament for the borough of Killebegs 1761-68. Appointed one of the Commissioners of Trade and Planta- tions 1756 ; Chief Secretary to the Lord-Lieutenant of Ireland 1761; Chancellor of the Exchequer in Ireland 1763-84; Privy Councillor in Ireland, and had a pension of £2000 a year on the Irish establishment. His famous maiden speech in the debate on the Address, 13 November 1755, earned him the name of ' Single-speech Hamilton.' It was to him that Dr. Johnson paid the ponderous compliment : * I am very unwilling to be left alone, sir, and therefore I go with my company down the first pair of stairs, in some hopes that they may, perhaps, return again. I go with you, sir, as far as the street door.' He died unmarried in London, 16 July 1796.1 11. Thomas, born 13 August 1687, an officer in the army, died unmarried before 1758. 12. Alexander, born 21 May 1693. Solicitor, London. Died in 1781. Married, first, Frances Dalzell, by whom he had no issue, secondly, Barbara Lilley, by whom he had : — (1) William Hamilton of Lincoln's Inn, died 27 April 1811, married Sarah Allan, without male issue. (2) John Robert Hamilton, died young. (3) ANTHONY HAMILTON, born 5 May 1739. Vicar of St. Martin's- in-the-Fields, rector of Hadham, Hertfordshire, archdeacon of Colchester, D.D. Married, 12 February 1767, Anne, daughter of Richard Terrick, Bishop of London. Died 4 October 1812. He was the ancestor of the present (tenth) Lord Belhaven. His descendants will be dealt with later (p. 56). (4) Alexander Hamilton, died in infancy. (5) Alexander Lilley Hamilton, died young. 1 Diet. Nat.Biog. ; Walpole's Letters (ed. Cunningham), ii. 484; Boswell's Johnson (ed. Hill), i. 490. HAMILTON, LORD BELHAVEN 51 13. Helen, married, 31 March 1694, to Andrew Baillie of Parbroath, and had issue : — (1) Robert Baillie of Parbroath, whose son, Colonel Alexander Baillie, married Euphemia Hamilton, sister of Robert, de jure sixth Lord Belhaven, and died without issue in 1814. (2) Helen, born 20 August 1708, married to James Hamilton of Stevenston (see p. 55). 14. Catherine, born 13 May 1682, married to the Rev. David Pitcairn, minister of Dysart, with issue. He died 18 April 1757, aged eighty-three ; she died 3 March 1758.1 15. Mary, married to Dr. David Balfour, son of Sir Michael Balfour of Denmiln, without issue. 16. Janet, married to Alexander Garthshore of Garthshore, without issue. 17. Christian, who died young. 18. Anne, born 11 February 1692, married to James Bogle, Receiver-General of the Customs in Scotland, and had issue. ROBERT HAMILTON, younger of Wishaw (p. 49), died before his father William Hamilton, third of Wishaw, having married, in 1686, Jean, eldest daughter and heiress of Robert Hamilton of Brownmuir, by whom he had issue : — 1. William, who apparently died young, as his immediate younger brother bore the same name, and succeeded their father in the estate of Wishaw. 2. WILLIAM HAMILTON, fourth of Wishaw. 3. Robert Hamilton, born at Glenhoove 3 March 1691. Minister of Hamilton. Died 13 July 1765. Married, 9 March 1721, Cecil, daughter of the Rev. Francis Borland, minister of Glassford.2 By her, who pre- deceased him, he had issue : — (1) James, born 19, baptized at Hamilton 24 December 1721. Minister of the Abbey Parish of Paisley. Married, 3 Aug. 1761, Elizabeth, daughter of the deceased Rev. Robert Millar. Died, without issue, 14 March 1782. His wife died 25 September 1798.3 (2) Robert, born 20 August, baptized at Hamilton 1 September, 1723. Predeceased his father without issue. (3) Francis, born 8, baptized at Hamilton 16, April 1727 ; died unmarried. (4) Anne. (5) Rachel. 1 Scott's Fasti, ii. 535. 2 Ibid., 259. 3 Ibid., 199. 52 HAMILTON, LORD BELHAVEN 4. John, born at Glenhoove 27 September 1692. His issue male, if he had any, were extinct before 1795. 5. JAMES, first of Stevenston (ancestor of the ninth Lord Belhaven), as to whom see p. 55. WILLIAM HAMILTON, fourth of Wishaw, was born at Glen- hoove 2 February 1690, and was killed by a fall from his horse between Hamilton and Wishaw, 16 April 1756. He married, on 16 December 1726, his cousin, Bethia, eldest daughter of Charles Hamilton of Weatherley, eldest son of William Hamilton, third of Wishaw, by his second marriage, and by her, who was born 31 January 1702, and died at Luthrie, 2 October 1785, had issue :— 1. CHARLES, born at Wishaw 19 September 1727; suc- ceeded his father as fifth of Wishaw ; died unmarried 15 May 1763. 2. William, born at Wishaw 25 October 1728 ; an officer in the army ; died, without male issue, before his brother Charles. 3. ROBERT, sixth of Wishaw. 4. James, born at Wishaw 8 June 1734; married Anne, daughter of James Bowie of Holehouse ; died at Falkirk 14 August 1787. 5. John, born at Wishaw 5 November 1737. Married, first, at Edinburgh, 15 June 1762, Isabella, daughter of Sir Henry Stirling of Ardoch, Baronet, and had issue : — (1) William, who went to Jamaica, and died there s. p. m. (2) Henry, who also went to Jamaica, and died there s. p. m. He held an ensign's commission on half -pay in the Seventy-First Regiment, from which he was gazetted to an ensign's full- pay commission in the Eighty- Third Regiment in 1799, which was cancelled. His name continued in the Army List on the half -pay of the Seventy-First until 1808, when it was struck out * in consequence of his not having received his half -pay for the last seven years.' John Hamilton married, secondly, Miss Graham, by whom he had a son, (3) Alexander. 6. Archibald, born at Wishaw 10 October 1739; died unmarried. HAMILTON, LORD BELHAVEN 53 VI. ROBERT HAMILTON, born at Wishaw 3 May 1731 ; became sixth of Wishaw on the death of his brother Charles, on 15 May 1763 ; was served heir-male and of line, and also heir of provision of his father, William Hamilton, fourth of Wishaw, on 24 January 1770. He became de jure sixth Lord Belhaven on the death of James, the fifth Lord, and the last of the Biel line, in 1777, but never assumed the title, and died at Wishaw 27 March 1784. He married, at Edinburgh, 11 February 1764, Susan, second daughter of Sir Michael Balfour of Denmiln, Baronet, and by her, who died at Edinburgh 9 January 1789, had issue : — 1. WILLIAM, who succeeded as seventh Lord Belhaven. 2. Robert, born 17 and baptized 21 April 1767 ; a colonel in the army ; died, at Edinburgh, 27 November 1835, unmarried. 3. Charles, born 16 December 1769 ; baptized 1 January 1770 ; died before 18 May 1778.1 4. Michael, born 8, baptized 15, July 1772; died before 18 May 1778. 5. Peter Douglas or Patrick Douglas, sometime lieutenant Twelfth Light Dragoons; buried, at Newcastle, 19 August 1827, unmarried. 6. Mary, born 14, baptized 19, December 1765 ; died, un- married, at Edinburgh, 4 June 1793. 7. Jean, born 26 January, baptized 2 February, 1769 ; married, 24 February 1791, to George Ramsay of Barnton, who died in February 1810, and had issue. She died 9 October 1841. 8. Betty, born 24 December 1770, baptized 1 January 1771 ; married, 9 December 1791, to William Ramsay, banker in Edinburgh; died, in Charlotte Square, Edinburgh, 30 August 1809, leaving issue. 9. Susannah, born 1, baptized 10, September 1773 ; died in December 1828. 10. Euphame, born 17 February 1775 ; died unmarried. VII. WILLIAM, seventh Lord Belhaven, born 13 January 1765, succeeded his father 21 March 1784, but did not assume 1 Date of a bond of provision to the younger children in which Robert and Patrick are the only sons mentioned. Charles and Michael are not mentioned in Douglas. 54 HAMILTON, LORD BBLHAVBN the title till the decision of the House of Lords in his favour as above-mentioned, on 19 April 1799. He served in the Third King's Own Regiment of Dragoons, and was afterwards colonel of the Lanarkshire and Dumbartonshire Fencible Cavalry, and lieut.-colonel of the Lanarkshire Militia. He died at Wishaw, 29 October 1814. He married, at Edin- burgh, 2 March 1789, Penelope, youngest daughter of Ranald Macdonald of Clanranald, and by her, who died at Edinburgh, 5 May 1816, had issue :— 1. ROBERT MONTGOMERIE, eighth Lord Belhaven. 2. William, born 1797; captain in the Bengal Native Infantry; married, at Calcutta, 25 September 1834, Marcellina Antonia Mendes (who died 22 October 1858), widow of P. Mendes; died, without male issue, at Serampore, 3 July 1838. 3. Penelope. 4. Susan Mary, married, 17 November 1820, to Peter Ramsay, banker, Edinburgh, who died 31 August 1855. She died 30 December 1856, leaving issue. 5. Flora, died 1810. 6. Jean, married, 15 February 1819, to Rear-Admiral Charles Sotheby, R.N., eldest son of William Sotheby, F.R.S., of Fairmead Lodge, Essex; died 12 September 1820. He died 20 January 1854. 7. Bethia. VIII. ROBERT MONTGOMERIE, eighth Lord Belhaven, K.T., was born in 1793, and succeeded his father in 1814. He was for some time a Representative Peer of Scotland ; was on 19 September 1831 created a Baron of the United Kingdom by the title of BARON HAMILTON OF WISHAW, in the county of Lanark, with remainder to the heirs-male of his body, and took his seat in the House of Lords 28 June 1833. He married, at Pencaitland, 16 December 1815, Hamilton, daughter of Walter Frederick Campbell of Shawfield and Islay, and by her, who survived him, and died on 8 Septem- ber 1873, had no issue. Lord Belhaven died 22 December 1868, when the Barony of Hamilton of Wishaw became extinct. In him ended the whole male issue of Robert Hamilton, sixth of Wishaw, de jure sixth Lord Belhaven. HAMILTON, LORD BELHAVEN 55 Thereupon the Peerage was claimed by (1) James Hamilton, clerk to Messrs. Oockburn & Co., wine merchants, Leith, and (2) Robert William Hamilton, sometime captain and lieutenant-colonel in the Grenadier Guards, each claim- ing to be heir-male whomsoever of John Hamilton, created Lord Belhaven by the patent of 1675. Mr. James Hamilton claimed in virtue of the following descent : — JAMBS HAMILTON, fifth and youngest son of Robert Hamilton, younger of Wishaw (see p. 51), was born at Faskine on 25 September 1700. He became a merchant in Edinburgh, acquired the estate of Stevenston, in the parish of Bothwell and county of Lanark, and was buried at Bothwell 28 November 1769. He married, first, 10 November 1736, Helen or Nellie, daughter of Andrew Baillie of Parbroath (see p. 51), and by her, who was buried at Bothwell 22 April 1758, had of issue male inter olios five sons : — 1. John, born 9, and baptized at Bothwell 12, November 1738. He died without male issue before 16 October 1772, the date of the service of his younger brother James, as heir to their father. 2. Robert, born 14, and baptized at Bothwell 17, February 1740, who also must have died without male issue before 16 October 1772. 3. Andrew, born 30 November 1743, died 20 May 1744. 4. JAMES, second of Stevenston. 5. William, born June 1748, who became a merchant in Jamaica. He married Elizabeth, daughter of Archi- bald Nisbet of Oarfin, and died at Edinburgh 15 December 1802, leaving issue. James Hamilton, first of Stevenston, married, secondly, Elizabeth, daughter of "William Cunningham of Brownhill. JAMBS HAMILTON, second of Stevenston, was born 10 June 1745, and served heir in general to his father 16 October 1772, was infeft in the estate of Stevenston 19 July 1773. He sold that estate in 1783. He married Mary, daughter of the said Archibald Nisbet of Oarfin, and by her, who sur- vived him, and died on 30 March 1812 and is buried in 56 HAMILTON, LORD BELHAVEN St. Outhbert's, Edinburgh, had of issue male inter olios three sons :— 1. James, who became a captain in the army, and pre- deceased his mother, without issue. 2. ARCHIBALD, the father of the claimant. 3. Francis, who became a captain in the army, and died at London, 10 December 1869, having been twice married, and leaving issue. ARCHIBALD HAMILTON, the eldest surviving son of James Hamilton, second of Stevenston, was born in the parish of Bothwell, 19 September 1774. He became a surgeon in the Ninety-second Regiment of Foot, and died at Edin- burgh 23 February 1823. He married May Clarke, and by her, who survived him, had issue two sons, twins, born at Edinburgh on 29 August 182.2. 1. JAMES, who became ninth Lord Belhaven. 2. Archibald, who died on board the ship George Fyfe on the voyage to Sydney, 30 September 1839. 3. Mary Nisbet, married, 1840, Frederick Chapman (who died 13 September 1852) ; died 28 February 1883. 4. Jessie. Colonel R. W. Hamilton claimed in virtue of the follow- ing descent : — ARCHDEACON ANTHONY HAMILTON, grandson of William Hamilton, third of Wishaw (see p. 50) had issue by his wife Anne Terrick : — 1. Terrick, died in infancy. 2. WILLIAM RICHARD, of whom afterwards. 3. Anthony, born 12 July 1778, Rector of Loughton, archdeacon of Taunton, died 10 September 1851. He married, 13 July 1807, Charity Graeme, third daughter of Sir Walter Farquhar, Bart., Physician to the Prince Regent ; she died 9 November 1869, and had issue : — (1) Walter Kerr, born 16 November 1808 ; Bishop of Salisbury ; married, 9 January 1845, Isabel, daughter of Francis Lear, Dean of Salisbury ; died 1 August 1869, leaving issue. (2) Edward William Terrick of Charters, Berks, born 9 Novem- ber 1809 ; married, 14 August 1844, Anne, daughter of John Thacker of Ascot, Berks, died 1898, leaving issue. HAMILTON, LORD BELHAVEN 57 WILLIAM RICHARD HAMILTON, the eldest surviving son, was born 9 January 1777. He was appointed Secretary to Lord Elgin when the latter went as Ambassador to Con- stantinople in 1799. He was distinguished as an archae- ologist. At the time of the evacuation of Egypt by the French in 1801, after the battle of Alexandria, he pre- vented them from carrying off the Rosetta Stone, which they attempted to do, contrary to treaty ; he superintended the removal to England of the Elgin Marbles ; and in 1815 he obtained the restoration by France of works of art taken from Italy. He was Under-Secretary for Foreign Affairs 1809-22; Minister at Naples 1822-25; a trustee of the British Museum 1838-58. Published Mgyptiaca (1809), con- taining first translations of the Rosetta Stone inscriptions. Died 11 July 1859.1 He married, 3 September 1804, Juliana Udny, and had issue :— 1. WILLIAM JOHN, of whom afterwards. 2. Alexander Edmund, born 29 October 1806, drowned near Poonah 30 June 1827. 3. Henry George, born 3 October 1809 ; captain R.N., married, 7 June 1845, Fanny Elizabeth, daughter of the Rev. Charles Tower ; died 25 March 1879, leaving issue. 4. Charles Anthony, born 3 October 1809, Deputy Clerk of the Council, died 1860. 5. Arthur Richard, born 4 January 1814, married, first, 1839, Charlotte Cox ; secondly, 1872, Annie Steele ; died 1882, leaving issue. 6. Frederick William, born 8 July 1815 ; lieutenant- general ; K.C.B. ; married, 25 June 1860, Louisa Anne Erskine, daughter of Sir Alexander Anstruther, Knight ; died October 1890. 7. Augustus Terrick, born 30 January 1818; captain Seventy-first Regiment ; died unmarried 1880. WILLIAM JOHN HAMILTON, the eldest son, was born 5 July 1805, was M.P. for Newport ; died in London 27 June 1867. He married, first, 26 April 1832, Martin, daughter of John Trotter of Dyrham Park, by whom he had issue : — 1. Robert William, the claimant, born 12 March 1833. 1 Diet. Nat. Biog. 58 HAMILTON, LORD BELHAVEN William John Hamilton, married, secondly, 26 July 1838, Margaret Frances Florence, daughter of the thirteenth Viscount Dillon (she died 19 April 1885), by whom he had : — 1. ALEXANDER CHARLES, tenth Lord Belhaven. 2. Constantino Henry, born 21 June 1843; lieutenant- colonel B.A. ; died unmarried 1885. 3. Archibald William, born 4 April 1847 ; Royal Navy ; died 1886 ; married 1869, Elizabeth, daughter of W. Billyard of Sydney, N.S.W., and had issue : — (1) Robert Edward Archibald, captain Indian Staff Corps, born 8 April 1871 ; married, 15 November 1898, Kathleen Gonville, daughter of SirB. P. Bromhead, Bart., and has issue :— Julia, born 1901. (2) Margaret Elizabeth. 4. Victoria Henrietta, married 31 May 1864, to Captain James Graham Goodenough, O.B., O.M.G., R.N., who died 20 August 1875, leaving issue : — (1) Florence Selina, married, 10 July 1877, to Sir Thomas Villiers Lister, K.C.M.G. He died 26 February 1902, leaving issue. 5. Sybil Jean. 6. Margaret Wilhelmina, married, 25 April 1881, to Louis Eric Ames, late Second Life Guards, and has issue. It was maintained by Colonel Hamilton that there was no sufficient evidence to identify James Hamilton, first of Stevenston, great - grandfather of James Hamilton the claimant, with James Hamilton, youngest son of Robert Hamilton, younger of Wishaw, and that the only connection which the Hamiltons of Stevenston had with the family of Wishaw arose from the marriage of James Hamilton, first of Stevenston, with Helen Baillie, daughter of Andrew Baillie of Parbroath, by Helen Hamilton, daughter of William Hamilton of Wishaw. On 2 August 1875 the House of Lords decided that James Hamilton had made out his claim, and he accordingly became IX. JAMES, ninth Lord Belhaven. He died 6 September 1893. He married, 30 October 1877, Georgina, fourth daughter of Sir John Watson, Bart., of Earnock and Neils- land, and had issue : — 1. Leonore Agnes Watson Nisbet, born 27 August 1878 ; married, 24 March 1903, at St. Giles' Cathedral, Edin- HAMILTON, LORD BELHAVEN 59 burgh, to B. Borras Wliiteside, of Whitehall Court, London, S.W., and has issue : — (1) Noel, born 12 December 1903. 2. Mary Clarke Mary Nisbet, born 26 November 1879. 3. Clarice Jessie Evelyn, born 10 October 1881 ; married, 12 December 1899, to the Hon. Francis Edward Basil Napier, Master of Napier, and has issue : — (1) William Francis Cyril James, born 9 September 1900. (2) Augusta Caroline Harriet Georgina, born 28 November 1901. 4. Muriel Louise, born 1 February 1884. 5. Winifred Maude, born 13 December 1886. 6. Dorothy Henrietta, born 24 March 1888. 7. Georgina Violet, born 11 August 1889. COLONEL B. W. HAMILTON, who unsuccessfully claimed the title on the death of the eighth Lord, died 3 October 1883. He married, 10 July 1856, Charlotte Maria, daughter of Colonel George Palmer of Nazing Park, and had issue three daughters — 1. Mary Geraldine, married, 21 May 1901, to Henry Alfred Newton. 2. Edith Lilian, married, 1898, to Norman Alexander Sinclair, brother and heir-presumptive of Sir J. B. G. Sinclair, Bart., of Dunbeath, and has issue : — (1) Ronald Norman John Charles Udney, born 1899. (2) Alexander Robert, born 26 September 1901. 3. Helen Violet. On the death of the ninth Lord in 1893, Alexander Charles Hamilton, eldest son of a W. J. Hamilton, M.P., by his second marriage with the Hon. Margaret Dillon (see p. 58), and half-brother of Colonel B. W. Hamilton, succeeded as X. ALEXANDER CHARLES, tenth Lord Belhaven.1 Born 3 July 1840, is colonel (retired) ; formerly lieutenant-colonel B.E., commanded Surrey Volunteer Infantry Brigade 1888- 1902; served in Zulu War 1879; D.L. for Lanarkshire. 1 Debrett (Peerage, 1904, p. 99) notes that the present Lord Belhaven ' has been served heir to his kinsman, has voted at the election of Scotch Representative Peers, and has matriculated arms at Lyon Office as tenth Baron, but has not proved his right to the title before the Committee for Privileges of the House of Lords.' 60 HAMILTON, LORD BELHAVEN Married, 7 July 1880, Georgina Katharine, daughter of Legh Richmond, and has issue : — RALPH GERARD ALEXANDER, Master of Belhaven, born 22 February 1883, second lieutenant Grenadier Guards ; married, 1 March 1904, Grizel Winifred Louise Oochrane, eldest daughter of Douglas, eleventh Earl of Dundonald. ARMS, recorded in Lyon Register. — Quarterly, 1st and 4th, gules, a mullet arg. between three cinquefoils ermine, for Hamilton of Udston ; 2nd and 3rd gules, a man's heart proper, shadowed or, between three cinquefoils ermine, for Hamilton of Raploch, all within a bordure argent. CREATIONS. — Lord Belhaven and Stenton, 15 December 1647; Lord Belhaven and Stenton, 10 February 1675, in the Peerage of Scotland; Baron Hamilton of Wishaw, 19 September 1831, in the Peerage of the United Kingdom (extinct). CREST. — A nag's head couped argent, bridled gules. SUPPORTERS. — Two horses argent, bridled gules. MOTTO. — Ride through. [W. K. D.] BELLENDEN, LORD BELLENDEN OF BROUGHTON ELLENDEN is a name which is found in a variety of forms: Bel- lentyne, Ballantyne, Bal- lindean, and Bannatyne, are all variations of the same name. In 1361 John de Bennachtyne de Oor- rokis resigned the lands of Niddry in the county of Edinburgh:1 but the first known ancestor of the family with which we have now to deal is JOHN BBLLENTYNE, probably a near relation of Robert Bellentyne, Abbot of Holyrood (1484-1500) ; died before 1486, leaving issue : — 1. PATRICK. 2. Walter, Canon of Holyrood Abbey. He died before 8 July 1490, when his brother Patrick had sasine as his heir.2 3. Margaret, married to Gilbert Forrester of Drylaw.3 4. Christian, married to Matthew Forrester of Barnton.4 PATRICK, appointed parish clerk of Holyrood, and formally accepted as such by the parishioners 2 April 1486 5 ; on his 1 Reg. Mag. Sig. 2 Protocol Book of James Young, Edinburgh City Chambers. 3 Ibid., 19 July 1491 and 13 July 1494. 4 Ibid., 21 January 1494-95 and 18 July 1513. 5 Laing Charters, 196. 62 LORD BBLLBNDBN OF BROUGHTON death Robert Crichton, afterwards Bishop of Dunkeld, was chosen as his successor 8 February 1514-15.1 He was Steward of Queen Margaret, wife of King James rv., from 1509 to his death in July or August 1514.2 He and Marion Douglas his wife had sasine of the lands of Horshope in Berwickshire, granted them by Archibald, Earl of Angus, 4 March 1492-93, and of other lands.3 They had also a charter of the lands of Achnolnyshill or Auchnoule in the barony of Caldercleir and county of Edinburgh from the Earl of Morton 26 March 1499/ His wife survived him, and was alive 6 March 1541-42.5 He left issue : — 1. Mr. THOMAS. 2. Catherine. In 1527 Katrine Ballantyne got £300 ' to help to pay her tocher for the gude and thankful service done be her moder Marion Douglas to the Kingis hienes.' 6 She married, first, before 19 March 1522-23,7 Adam Hopper, provost of Edinburgh:8 secondly, before 19 February 1529-30,9 Francis Both- well, Provost of Edinburgh and Lord of Session: thirdly, before 12 January 1537-38,10 Oliver Sinclair of Pitcairn. She is called relict of Francis Bothwell and spouse of Oliver Sinclair.11 Adam Hopper died after 12 August 1529.12 Francis Bothwell died before 14 January 1535-36.13 She had issue by all three husbands : by her second husband her eldest son was Adam, Bishop of Orkney, ancestor of the Lords Holyrood- house.14 She was dead before January 1568.15 It is not unlikely that John Bellenden, the translator of Livy and Boece, was a second son of Patrick. He first appears as Clerk of the King's Expenses from 1515 to 1522.16 If so, there was another daughter, Margaret, mentioned as 1 Protocol Book of James Young. 2 Exch. Rolls, xiii. 258 ; xiv. 9 ; see also Treasurer's Accounts, iv. 414, 496. 3 Protocol Book of James Young. 4 Confirmed 4 January 1538-39, Reg. Mag. Sig. 6 Ibid., at date. 6 Trea- surer's Accounts, v. 330. 7 Protocol Book of J. Fowler, Edinburgh City Chambers. 8 Reg. Mag. Sig., 15 February 1541-42. There is some con- fusion in this charter: the date of the deed confirmed is stated to be 10 July 1529, but the names of the witnesses point to its being some years earlier, apparently 1522. 9 Protocol Book of J. Fowler, Edinburgh City Chambers. 10 Reg. Mag. Sig. at date. n Acta Dom. Cone, et Sess., xxiv. 69, and Acts and Decreets, x. 151. 12 Exch. Rolls, xv. 513-14. 13 Reg. Sec. Sig., x. 94. 14 Fourteenth Rep. Hist. MSS. Com., App. 3, p. 70. lb Reg. of Deeds, xi. 112. 16 Exch. Rolls, xiv. p. cix. LORD BELLENDEN OF BROUGHTON 63 John's sister 17 April 1543.1 She married John Kincaid of Warriston, had issue, and died August 1569.2 Mr. THOMAS BELLENDEN succeeded his father, and obtained a confirmation of the above-mentioned charter of 1499 on 4 January 1538-39. On 22 June 1535 he was admitted an ordinary Lord of Session,3 and on 10 September 1538 Director of Chancery.4 On 26 December 1539 he was raised to the office of Justice Clerk.5 On 10 September 1540 he had a charter from the Earl of Morton of the lands of Milkburn in the barony of Caldercleir.6 In January 1540-41 he and Henry Balnavis of Hallhill were sent as com- missioners for Scotland to meet Sir William Eure the English commissioner for the settlement of some disputes on the Border, and Bellenden is described in a letter from Eure to the Keeper of the Privy Seal in England as ' a man of good experience and eminent abilities.' 7 On 6 March 1541-42 he had an annualrent from the lands of Maloure, co. Perth.8 He died before 25 June 1547.9 He married Agnes Forrester,10 and by her had :— 1. JOHN. 2. Patrick, of Stanehouse in Orkney. On 19 April 1565 he had a charter to himself and his wife Catherine Kennedy from the Bishop of Orkney and Shetland of certain lands in Orkney in feu-farm.11 On 19 March 1565-66 he was among the number charged with com- plicity in the murder of Rizzio,12 and was denounced as a rebel on 8 June following. He was Sheriff of Orkney, and had a charter 1 August 1568 of certain other lands there in feu-farm to himself and his wife, who died between the last-mentioned date and that of the confirmation of the charter 9 November 1575.13 He is styled Sir Patrick Bellenden of Evie, knight, in a charter of 12 May 1587: 14 received the 'wand of peace' from the Privy Council 3 June 1572 : 15 was clerk of the Coquet in Edinburgh 1572,16 and called vicar of 1 Protocol Book of Alex. Makneill. 2 Edin. Tests. 3 Acta Dom. Cone, et Sess., vi. 140. 4 Reg. Sec. Sig., xii. 25. 5 Ibid., xiii. 39. 6 Confirmed 28 September 1540, Eeg. Mag. Sig. 7 Pinkerton, ii. 356. 8 Reg. Mag. Sig. 9 Reg. Sec. Sig., xxi. 22. 10 Original charter to them of the lands of Turn- house 28 April 1520 in H. M. Reg. Ho. n Confirmed 18 February 1565-66, Reg. Mag. Sig. 12 P. C. Reg., i. 437. 13 Reg. Mag. Sig. w Ibid. lfi P. C. Reg., ii. 139. 16 Ibid., 446. 64 LORD BELLENDEN OF BROUGHTON Sprouston in a charter of 14 February 1587-88. 1 He is mentioned as alive in a deed of 15 May 1600,2 and his testament was confirmed 21 July 1607.3 He had at least three sons : — (1) Thomas, styled * appearand of Stanehous' 11 November 1592. 4 He died v. p. (2) Adam, who succeeded to the estates.6 (3) Patrick, afterwards clerk of the Coquet of Edinburgh.6 3. Margaret, married, first, to James Denniston, burgess of Linlithgow ; and second, to Robert Hamilton of Eccles- machan or Inchmachan, and had issue by both.7 4. Agnes, married, first, after 5 May 1542, when she had a sasine as his affianced spouse,8 to William Adamson, and had issue ; secondly, to Alexander Somervell of Torbrex, a younger son of Oambusnethan.9 5. Alison, who had a sasine as the affianced spouse of John Achesoun, son and heir of John Achesoun, burgess of Edinburgh, 13 August 1555. 10 Thomas had a natural son George,11 perhaps the Mr. George, 'brother of Sir John of Auchnoull,' who was presented to the Chantry of Glasgow 1 February 1563-64.12 JOHN BELLENDEN of Auchnoull. He was director of Chancery in 1544, and succeeded his father as Justice Clerk 25 June 1547.13 He was knighted before 1 April 1554.14 He had a charter to himself and his wife Barbara Kennedy of the lands of Walkmylns and others in the Barony of Broughton 1 May 1559,15 another of the office of usher of Exchequer on the resignation of John Vaus of Many, 31 May 1565,16 two charters of 13 July 1574 from Margaret Dunbar, sister and co-heir of Andrew Dunbar of Loch, to himself and his wife Janet Seton of the lands of Corol- lachill and others in the parish of Mochrum, co. Wigtown.17 He was commissioner for the treaty of peace with Anna of Oldenburgh signed at Aberdeen 19 October 1556, and 1 Reg. Mag. Sig. 2 Ibid. 3 Edin. Com. 4 Reg. Mag. Sig. 5 Gen. Reg. Inhibitions, xli. 53; and Reg. Mag. Sig. 6 Ibid., 24 December 1587. 7 Acts and Decreets, xliii. 151, 366. 8 Protocol Book of Andrew Brownhill, Edinburgh City Chambers. 9 Reg. of Deeds, xiv. 43 ; compared with the will of John her brother. 10 Protocol Book of John Makneill, Edinburgh City Chambers. n Reg. Sec. Sig., Hi. 153. 12 Ibid., xxxii. 15. 13 Ibid., xxi. 22. 14 Reg. Mag. Sig. 16 Confirmed 12 March 1559-60, Reg. Mag. Sig. 16 Ibid. 17 Confirmed 20 July 1574, Reg. Mag. Sig. LORD BELLENDEN OF BROUGHTON 65 confirmed by the Queen 26 September 1557.1 On 23 August 1565 he had a charter from Robert, Oommendator of Holy- rood, of the office of Bailiary and Justiciary of the regality of Broughton, and another of similar offices in Ker^ and Ogilface 24 April 1566.2 He was present at the corona- tion of James vi. in 1567, and 4 in name of the Estates and also John Knox minister and Robert Campbell of Kinzean- cleuch asked acts, instruments and documents ' for the recording of the proceedings.3 He died 1 October 1576.4 His testament is dated 19 September in the same year : after mentioning his son James he commits his 4 remanent bairnes ' to 4 my lord Regent's Grace and my Lord Angus ' : orders Lewis his son and heir to serve these noblemen as he and his forebears had done, commends his natural daughter Agnes to the care of Lewis, and leaves an annuity of £20 to his 4 cousin ' Thomas Craig, afterwards known as Sir Thomas Craig, tile great feudal lawyer.5 Sir John married three times : — First, Margaret Scott, whose mother was Marion Scott, afterwards wife of George Henderson of Fordel.6 By her he had : — 1. Catherine. 2. Mary. These both died young.7 3. Marion, married, first, on Sunday, 22 October 1564,8 to John Ramsay of Dalhousie (contract dated 5 October 1564) ; 9 secondly, to Patrick Murray of Falahill.10 She had no issue, and died 19 January 1604.11 Sir John married, secondly, Barbara Kennedy, daughter of Sir Hugh Kennedy, of Girvanmains, and Dame Jane Stewart, Lady Methven. The marriage-contract was dated at Edin- burgh 30 September 1554, Mary of Lorraine being a consent- ing party, and signing the document.12 By her he had : — 4. SIR LEWIS. 1 Reg. Mag. Sig. 2 Confirmed 30 November 1571, Ibid. 3 Burton's Hist, of Scotland, iv. 285. 4 Memorials of George Bannatyne. 6 Riddell thinks that Craig's mother, Katherine Bellenden, may have been the daughter of Patrick, first of Auchnoull, but at the time of Craig's birth she was already married. 6 Reg. of Deeds, xv. 243. 7 Acts and Decreets, x. 233 ; Reg. of Deeds, xv. 243. 8 Cal. of Scot. Papers, ii. 88. 9 Reg. of Deeds, viii. 121. 10 Acts and Decreets, clxx. 257 ; Reg. Mag. Sig., 1 June 1598. n Edin. Com. 12 Duke of Roxburgh's Papers, Fourteenth Rep. Hist. MSS. Com., App. iii. 42. VOL. II. E 66 LORD BELLENDEN OF BROUGHTON 5. John, alive in 1587.1 6. Zachary.2 7. Robert, mentioned in a contract of 1574, died young : 3 he may have been of the third family. 8. Jane, mentioned in her father's will. Sir John married, thirdly, on Sunday, 14 January 1564-65,4 Janet Seton, daughter, apparently, of Walter Seton of Touch. Queen Mary was a party to the marriage-contract, and promised him 1000 merks of tocher, mentioned in his testament as still unpaid at his death. By her, who sur- vived him, and married, secondly, before 17 March 1579-80, as his second wife, John, Master of Forbes, afterwards eighth Lord Forbes,5 he had : — 9. James, the eldest,6 who succeeded to Kilconquhar, which was provided to the children by Jane Seton. He chose curators 15 April 1580, his nearest kins- men being Sir Lewis Bellenden of Auchnoull, and Patrick Bellenden of Stenhouse on the father's side, and James Seton of Touch and Oristal his brother on the mother's side.7 He is mentioned in his father's will as being in the King's service. He died 11 February 1593-94, drowned while skating on the loch, as his tombstone in Kilconquhar church- yard bears. His wife's name was Grisel Spens, and he left a son James, who died young, and two daughters.8 10. Thomas, ' wardatar ' of Kilconquhar after his brother's death.9 He was appointed a Lord of Session in 1591, 10 but apparently never took his seat on the bench. He married Marion Gilbert, widow of Thomas Ban- natyne of Newtyle,11 and died s. p. July 1597.12 11. Adam, graduated at Edinburgh 1 August 1590, ordained minister of Falkirk 19 July 1593 ; resigned his charge July 1616, and was promoted to the Bishopric of Dunblane the same year, after having been violently 1 Fife Inhibitions, 9 June 1587. 2 Liber S. Catherine de Senis, 54, charter dated 15 February 1562-63. 3 Fife Inhibitions, ut sup. * Cal. of Scot. Papers, ii. 115. 6 Acts and Decreets, Ixxix. 198; Macfar- lane's Gen. Coll., Scot. Hist. Soc., ii. 478; Reg. Mag. Sig., 18 November 1581-82 and 16 August 1591. 6 Acts and Decreets, ut sup. 7 Warrants of Acts and Decreets. 8 Edin. Tests. 9 Reg. Mag. Sig., 8 September 1599. 10 Brunton and Haig. n Reg. Mag. Sig. ut sup. 12 Memorials of George Bannatyne, LORD BELLENDEN OP BROUGHTON 67 opposed to Episcopacy and one of the forty-two ministers who signed a protest to Parliament against its introduction, 1 July 1606. He succeeded to Kil- conquhar on the death of his nephew James,1 and in 1629 had a ratification in Parliament of these lands and Pitcorthie.2 He was Dean of the Chapel Royal, Stirling, in 1633 : 3 was promoted to the see of Aber- deen 2 August 1635.4 He was deposed and excom- municated by the General Assembly in 1638, left Aberdeen 27 March 1639, went to England and ob- tained a pension of £100 from the King under another name : became rector of Portlock, co. Somerset, 1642, and died 1647 aged about 78. He married, 17 February 1595, Jean Abercrombie, probably daughter of Henry Abercrombie of Kersie in the parish of St. Ninians, and had by her : — (i James. (2) Robert. William. (4) Alexander. Adam.5 David, minister of Kincardine O'Neil 1636-38.6 John, who accompanied his father to England.7 Testa- ment confirmed 8 January 1650.8 (8) Elizabeth. (9) Jean. (10) Margaret. The five eldest sons were all dead in 1635,9 and Margaret was the only surviving daughter in 1631. 10 12. Walter, styled of St. John's Chapel, having married Jean Hamilton, one of the heirs-portioners of that estate.11 He graduated at Edinburgh University 1593 ; and is mentioned along with his brother Adam as cautioner for his sister Elizabeth, 27 November 1609.12 13. William is said to have been another son: he was presented to the Vicarage of Kilconquhar in 1573,13 married Anabel Pearson, and had by her a son, Thomas, who married, in 1625, Euphemia, daughter of Stephen Dudingston of Sandford.14 1 Reg. Mag. Sig., 29 July 1615. 2 Acta Parl. Scot., iv, 651. 3 Laing Charters, No. 2124. 4 Reg. Mag. Sig. 6 Laing Charters, No. 2124. 6 Reg. Mag. Sig., 23 June 1638. 7 Ibid. 8 Edin. Com. 9 Gen. Reg. Sas., xlviii. 371. 10 Reg. of Deeds, ccccxxxviii. ; all the other particulars relating to Adam's family are from Scott's Fasti Eccl. Scot, and authorities there quoted. u Reg. of Deeds, ccxvi., 10 December 1613; P. C. Reg., x. 558. 12 Reg. Mag. Sig. 13 Reg. Sec. Sig., xli. 111. " Wood's East Neuk of Fife, 2nd ed., 165. 68 LORD BELLENDEN OF BROUGHTON 14. Elizabeth. She is mentioned in her father's will. She married first, James Lawson of Humbie, and is de- scribed as his widow in certain charters of 1605, pro- ceeding on the marriage-contract between James Fawside, younger of that ilk, and her daughter Janet, who afterwards married Sir John Edmon- stone of that ilk, with issue to both husbands.1 By that time she had married as her second husband Sir John Oockburn of Ormiston, Lord Justice-Clerk. On 15 March 1614 she had a charter to herself as Lady Ormiston, of the lands of Kirktonhill and others, co. Berwick,2 and one on 26 July 1615 of the lands of Hart- head, in the constabulary of Haddington.3 Her husband died in 1623, at which time she was still alive. 15. Annabel, also mentioned in her father's will. She married, as his second wife, before 6 June 1599, Alex- ander Lander of Halton,4 who died before 18 May 1625,5 but after 1622.6 Sir John had a natural daughter, Agnes, also mentioned in his will. She married, contract dated 19 February 1590- 91, James Bellenden, fiar of Pittendreich.7 In the Register of the Privy Seal there is a Royal confirmation, dated 30 June 1585, of a feu-charter of a quarter of the lands of Saughtonhall granted (no doubt many years before) by Robert, Oommendator of Holyrood, to Patrick Bellenden, brother of Sir John of Auchnoull, with remainder succes- sively to George Bellenden, natural brother of Patrick, and to John Bellenden of Pittendreich, which appears to show that the Pittendreich family were also of the same stock. SIR LEWIS BELLENDEN succeeded his father as Justice- Clerk 15 March 1576-77,8 being then under twenty-five years of age, but he appears in his official capacity as witness to a royal charter on 31 August 1577.9 He was knighted shortly thereafter. His name appears in a long series of charters; he had a charter of the lands of Castlelaw, Woodhouselee, and others, co. Edinburgh; Spotts and others, co. Kirkcudbright, and an annualrent from the 1 Reg. Mag. Sig., 27 November 1609 and 5 March 1642 ; Laing Charters, No. 2301. 2 Reg. Mag. Sig. 3 Confirmed 29 July 1615, Ibid. 4 Reg. of Deeds, Ixvii. 6 The Grange of St. Giles, 242. 6 Ibid., 243. 7 Reg. of Deeds, xxxvii. 307. 8 Reg. Sec. Sig., xliv. 36. 9 Reg. Mag. Sig. LORD BELLENDEN OF BROUGHTON 69 lands of Leswalt, co. Wigtown, on 14, confirmed 25, April 1581 ; l of the lands of Longcroft and others, co. Linlithgow, in April, confirmed 9 May, 1586 ; 2 of the barony of Ochiltre, co. Ayr, 9 August 1586 ; 3 of the lands and barony of Broughton in Edinburgh, Fawside in Haddington, Slipper- field, etc., in Peebles, Abbots Kerse, etc., in Linlithgow and Stirling, Whitekirk, etc., in Haddington, all incor- porated into the barony of Broughton, 28 July 1587.4 On 15 August in the same year he had a charter in feu-farm to himself and Sir John Maitland the Chancellor, of the county of Orkney and Lordship of Zetland, for the adminis- tration of justice there, an office which they resigned I April 1589.5 He was made Keeper of the Oastle of Linlithgow on the resignation of Sir Robert Melville of Murdocairny, 22 November 1587 ; 6 along with Patrick Bel- lenden, son of Patrick of Evie, he had a grant of the office of Clerk of the Coquet of Edinburgh, 24 December 1587.7 Sir Lewis was one of the ' Ruthven raiders ' in the en- deavour to overturn the ascendancy of the Duke of Lennox and the Earl of Arran in 1582.8 In February 1584-85 he was sent on a mission to England for the purpose of denouncing the banished lords and to press Elizabeth for their surrender or expulsion. When he arrived in London, however, he was secretly ordered to agree to the plans of the Master of Gray for the ruin of Arran, and he returned home along with Wotton, the English Ambassador, who had private instructions for the undermining of Arran and the bringing back the banished lords.9 He was already mixed up with the plots of the period, though outwardly he did not break with Arran, and was in Stirling Oastle with him and the King when the banished lords succeeded in their project of his overthrow and dismissal in November 1585.10 In the arrangements which took place on the momentous change of government Sir Lewis, in addition to his former offices, was made Keeper of Blackness Castle.11 In 1589 he was appointed one of the ambassadors to the King's affianced bride in Norway,12 and he sailed with the King for that country 22 October of that year. The 1 Reg. Mag. Sig. * Ibid. 3 Ibid. 4 Ibid. 5 Ibid. 6 Ibid. 7 Ibid. 8 P. C. Reg., iii. 506 note. 9 Ibid., iv. 745 note, 748 note', Cal. of Border Papers, Nos. 285-287. 10 Border Papers, i. No. 387; P. C. Reg., iv. 27 note. II Ibid., iv. 36 note ; Border Papers, i. No. 388. 12 P. C. Reg., iv. 121. 70 LORD BELLENDEN OF BROUGHTON last occurrence of his name is as a witness to a charter 20 August 1591, and he died on Friday the 27th of the same month,1 his death being occasioned, if we are to believe Scotstarvit, by fright, through a too successful attempt to raise the devil, in conjunction with a sorcerer of note, Richard Graham, who was burnt at the Cross of Edinburgh shortly afterwards.2 Sir Lewis married, first, Geilis, daughter of Sir James Forrester of Oorstorphine, contract dated 10 February 1579-80.3 She must have died soon after without issue. He married, secondly, in 1581, contract dated 4 July,4 Margaret, daughter of William, sixth Lord Livingston ; she survived him, and afterwards married Patrick, Earl of Orkney, who dissipated her estates and left her to die in poverty.5 By her Sir Lewis had : — 1. JAMES. 2. William, one of the adventurers for Ulster.6 3. John, also an adventurer for Ulster ; ' he was cautioner for his mother in 1619.8 4. Margaret. 5. Anna, probably posthumous, as she is not mentioned in her father's will. She, along with her brother John and her sister Margaret, was cautioner for her mother in 1619.9 There was a Mariota Bellenden who had a charter of the lands of Fulton in Ayrshire to herself and her spouse, John Chalmer in Troquhane, 26 February 1590-91, with consent of Sir Lewis for his interest.10 SIR JAMES BELLENDEN of Broughton had a charter of the lands of Magdalens, near Linlithgow, 1 June 1591, " wherein he is designed as eldest son and heir-apparent of Sir Lewis. He was under age on 24 January 1595-96, as Dame Margaret Livingston is there mentioned as his tutrix.12 He had a somewhat stormy career, being fre- quently summoned before the Privy Council to answer for alleged wrongdoing. He died 3 November 1606.13 He 1 Memorials of George Bannatyne ; Edin. Tests. 2 Staggering State, 131; P. C. Reg., iv. 729 n. 3 Reg. of Deeds, xxxvii. 368. 4 Ibid., xx. part ii. 7. 5 Staggering State, 131. 6 P. C. Reg., vii. Ixxxviii. 317. 7 Ibid., 330. 8 Ibid., xi. 560. « Ibid. 10 Reg. Mag. Sig. » Ibid. 12 P. C. Reg., v. 671. 13 Edin. Tests., 20 November. LORD BBLLBNDEN OF BROUGHTON 71 married 20 April 1601, Elizabeth, daughter of Sir William Ker of Oesford, sister of Robert, first Earl of Roxburghe. Willoughby writing to Cecil, says : 4 The King is looked to be this day at Dalkeith with the Queen, and my lord of Roxburgh hopes for them both to be with him in Tyvidale this weke at the banquett of the marriage of Roxburgh's sister to Sir James Bellenden, who were married on Tuesday last ; the banquett continuing still in hope of their presence to honour it with.' l Lady Bellenden sur- vived her husband many years.2 By her he had : — 1. WILLIAM. 2. Margaret. She had a charter as future wife of Henry Erskine, 14 December 1625.3 Her husband was the third son of John, Earl of Mar, by whom he was assigned the peerage of Oardross. He died 1628.4 She was alive January 1640.5 I. SIR WILLIAM BELLENDEN was served heir to his father 16 April 1607.6 He was under age 6 October 1607, when with consent of his mother, as tutrix, he resigned the office of Bailie of the barony of Ogilface, which lands his father had sold to the Earl of Linlithgow.7 He must have come of age between 28 July 1625, when, with consent of his mother and the Earl of Roxburghe, he resigned the lands of Saughton to Sir George Forrester of Oorstorphine, and 16 March 1626, when, without consents, he resigned Saughtonhall in favour of Alexander Watson.8 The family circumstances must indeed have been at this time at a low ebb, as he had to relinquish many of his estates, and also divested himself of the Keepership of Linlithgow Palace in favour of the Earl of Linlithgow.9 He was a devoted royalist, and his name frequently appears in the political correspondence of the time.10 He was rewarded for his services by being on 3 April 1661 appointed Treasurer- Depute,11 and on 10 June following he was created a peer under the title of LORD BELLENDEN OF BROUGHTON, with remainder to the heirs-male of his body. He became a 1 Border Papers, i. 1357. 2 Edin. Tests., 23 January 1656. 3 Gen. Reg. Sasines, xviii. 351. 4 Herald and Genealogist, in. 522. 6 Laing Charters, 2272. 6 Retours, Edin., No. 218. * Reg. Mag. Sig. 8 Ibid. 9 Ibid., 1 August 1627. 10 Scotland and the Commonwealth, 130, etc. ; ' Lauderdale Correspondence,' Scot. Hist. Soc. Misc. vol. i. n Acta Parl. Scot., vii. 98. 72 LORD BELLENDEN OF BROUGHTON Privy Councillor the same year. In 1602 he had a gift from the Royal maintenance of £200.' On 1 June 1663 he was appointed Heritable Usher of the Exchequer,2 and in 1668 one of the Commissioners of the Treasury. On 14 April 1671 he disinherited his sister Margaret, resigned his title and estates into the hands of the Crown, and had a re-grant in favour of his first cousin twice removed, John Ker, fourth son of William, second Earl of Roxburghe, and his heirs of entail, confirmed 12 December 1673.3 He did not survive long after this, and, dying unmarried, was buried 6 September 1671 at St. Martin's in the Fields, London.4 II. JOHN, second Lord Bellenden, was the son of William Drummond, second Earl of Roxburghe (who was the fourth son of John, second Earl of Perth), by his wife Jean, granddaughter of Robert, first Earl of Roxburghe, the brother of the first Lord Bellenden's mother, and daughter of Henry Ker, Lord Ker.5 He was served heir of entail and provision to his predecessor in the title, 23 December 1671 ; as his father was only married in 1655, he cannot have been more than a boy at the date of the service ; but he had a charter 12 December 1673 confirming him in the office of Usher of Exchequer.6 As a young man he seems to have been somewhat hot-headed, if we are to believe a story of his having one July night in 1689 shot a soldier of Mackay's regiment dead because he had declared he was for King William and Queen Mary.7 This outrage involved him in considerable trouble ; he was confined in Edinburgh Castle for some time, and the in- cident was the subject of several communications which are to be found in the Leven and Melville correspondence.8 He ultimately appears to have acquiesced in the change of dynasty, probably because he found that it did not pay to be in opposition. His finances were not in a very flourish- ing state, as the Duke of Queensberry writes to Oarstares on 31 July 1700 as follows : ' I must entreat of you to speak to the King in favour of my Lord Bellenden ; he has con- 1 Acta Parl. Scot., vii. 419. 2 Reg. Mag. Sig. , lib. Ixiv. 41. 3 Reg. Mag. Sig. 4 Complete Peerage. 5 Add. Case for Sir James Innes Ker, Rox- burghe Peerage Case, 5. 6 Reg. Mag. Sig. 7 Oldmixon's Memoirs, 74. 8 Bannatyne Club. LORD BELLENDEN OP BROUGHTON 73 tinued very firm to his Majesty's interest though there has been great pains taken to make him otherwise. He has a numerous family and not much to support it, and because I knew he was a little straightened I have given him £100, for which I desire a warrant payable to me.' Lord Bellenden married, 10 April 1683, Mary Moore, widow of William, third Earl of Dalhousie (who died in 1682), and second daughter of Henry, first Earl of Drogheda.1 She died 17 March 1725-26.2 Lord Bellenden died March 1707; by his wife he had issue : — 1. JOHN, third Lord Bellenden. 2. Robert, born 5 March 1689,3 died s. p. 3. William, born about 1702, went into the army and rose to be lieutenant-colonel in the Third Regiment of Horse 3 April 1733, which regiment was altered to Dragoon Guards in 1745. Of it he appears as colonel in 1747, and was senior lieutenant-colonel in the army in 1754. He died in 1759, having married in 1726, Jacomina Farmer of Normington, co. Lincoln. The licence is dated at Evesham, 16 April 1726, and describes the bridegroom as of Warwick, aged about 24, the bride a maiden about 21 ; to be married at Folkingham, co. Lincoln.4 By her he had : — 1. WILLIAM, seventh Lord Bellenden, who succeeded as fourth Duke of Roxburghe. (See that title.) 2. Jacomina, married, 4 April 1749, to Thomas Orby Hunter of Waverley Abbey, co. Surrey, M.P., with issue. 4. James, nothing is known of him except that he was a brother of Lord Bellenden, and that he had the following children : 5 — (1) James, of Bigods in Essex, captain 21st Foot. Died before 28 January 1763 s. p.6 (2) Elizabeth, married to Edward Kelly, Dublin. (3) Jemima, styled spinster in 1762. (4) Mary, married Sir Richard Murray, Bart. 5. Sir Henry, known to his contemporaries as Harry Bellenden, 4a good-looking scapegrace.' He was appointed Governor of Hurst Castle 30 July 1745; Gentleman Usher of the Black Rod, September 1747 ; and was knighted 22 June 1749. He died s.p. 7 April 1 Fifteenth Rep. Hist. MSS. Com., Drumlanrig Papers, part vii. 187. 2 Genealogist, N. S., vii. 43. 3 Edin. Reg. * Add. Case for Sir James Iiines Ker, Roxburghe Peerage, 10, 11. * n^a., 10. • Ibid., 12. 74 LORD BELLENDBN OF BROUGHTON 1761. x Horace Walpole writes to General Con way 10 April : ' Poor Sir Henry Bellenden is dead ; he made a great dinner at Almack's for the House of Drum- mond, drank very hard, caught a violent fever, and died in a few days.' 6. Margaret. She was, along with her better-known sister, a correspondent of Lady Suffolk, and is, with her, commemorated by Gay, ' Madge Bellenden, the tallest of the land, And smiling Mary, soft and fair as down.' 7. Mary, appointed a Maid-of-honour to Caroline, Princess of Wales, in or perhaps before 1716. She was one of the most celebrated of the beauties of the court, and also one of the most lively, though her conduct never seems to have afforded the slightest room for scandal. Walpole describes her in the following terms : ' Her face and person were charming : lively she was almost to etourderie, and so agreeable she was that I never heard her mentioned afterwards by one of her contemporaries who did not prefer her as the most perfect creature they ever knew.' She is thus eulogised in a ballad of the period, ' But Bellenden we needs must praise, Who, as down the stair she jumps, Sings " O'er the hills and far away," Despising doleful dumps.' She married, in 1720, Colonel John Campbell, one of the Grooms of the Prince's Bedchamber, who after- wards became fourth Duke of Argyll. She died 18 December 1736, and her remains were borne, it is stated, with unusual honours from Somerset House (of which she had the appointment of Keeper) to the Church of St. Anne, Westminster, where they were interred.2 She was mother of the fifth Duke of Argyll (see that title), and other children. III. JOHN, third Lord Bellenden, born 1685, succeeded his father 1707, and served heir to him 16 July 1709.3 He died 16 March 1740-41, in the fifty-fifth year of his age, and was buried at Westmill, co. Herts,4 having married, at Radwell, 1 Min. of Evid. Sir James Innes Ker's Case, 10. 2 Notes and Queries, 4th ser., xi. 116, 182 ; 7th ser., x. 221. 3 Addit. Case for Sir Jas. Innes Ker, 7. 4 Cussan's Hist, of Hertfordshire ; Roxburghe Peerage, Min. of Evid., 161 ; admon. 11 April 1741, P.P.C, LORD BELLENDEN OP BROUGHTON 75 co. Herts, 3 September 1722, Mary, daughter of John Parnell of Baldock, in the same county, and had by her (who was baptized at Baldock 26 June 1702,1 and died 23 November 1792, in her ninety-first year, being buried at "Westmill 2) the following children : — 1. KER, fourth Lord Bellenden. 2. ROBERT, sixth Lord Bellenden. 3. Jane, married, 8 January 1741, to Ephraim Miller of Hertingfordbury, and died 27 May 1763.3 4. Caroline, married, 18 March 1760, to John Gawler of Rambridge Cottage, Weyhill, Hampshire, and of the Inner Temple, who died at Bath 24 December 1803, aged seventy-seven. She died 1 April 1802, leaving issue : — (1) John Bellenden Gawler of Bishopsgate, co. Surrey, captain 2nd Life Guards, 20 January 1790 ; retired 1793 ; assumed by royal licence* dated 5 November 1804, the surnames of Ker and Bellenden in lieu of Gawler. He was a distin- guished botanist, and died June 1842, aged about seventy- seven, at Rambridge.4 (2) Henry Gawler of Lincoln's Inn and Rambridge Cottage aforesaid. 5. Mary, married John Eatt of Cambridge, whom she survived, dying at Egham 15 May 1805, aged eighty. 6. Diana, married John Bulteel of Membland, co. Devon, and had issue. 7. Alice, died unmarried at Westmill, 19 October 1796. 8. Henrietta, died unmarried.5 IV. KER, fourth Lord Bellenden, born 22 October, and baptized at Walkerne, co. Herts, 11 December 1725.6 He succeeded his father 1740, was an officer in the Royal Navy, and died at Woolwich, near London, 2 March 1753,7 aged twenty-eight, and was buried at Westmill. He married at Erith, 13 March 1749,8 Elizabeth, daughter of Richard Brett, clerk of the cheque in Deptford Dockyard, and by her, who died 21 January 1798, aged seventy-one, and whose will, dated at Wickham, Hampshire, was proved 16 February 1798 at London, had issue an only son — 1 Complete Peerage. 2 Cussan, ut sup. 3 Ibid. * Complete Peerage. 5 All these children mentioned in Sir James Innes Ker's Case, ut sup. 6 Par. Reg. 7 His tombstone in Westmill Churchyard gives the date as 13 March 1754, but the date in the text is taken from his testament, which must be right, as it was confirmed in August 1753. 8 Erith Par. Reg. 76 LORD BELLENDEN OF BROUGHTON V. JOHN KER, fifth Lord Bellenden, born at Woolwich, co. Kent, 22 August 1751, l succeeded his father 1754, and had a grant from the King, 23 April 1755, of a salary of £250 per annum as Usher of the Exchequer, which grant was confirmed by George in. 4 April 1761. He was ensign in the 25tl} Regiment of Foot in 1775, but soon after that date retired from the army. He died s.p. and insolvent at Edinburgh 20 October 1796, and his office of Usher of Exchequer was sequestrated by his creditors. He married, 26 June 1789,2 Sarah Gumming of Montego Bay, Jamaica, widow, a mulatto,3 but by her, who died in Golden Square, London, 21, and was buried 29, November 1794, at St. Maryle- bone,4 had no issue. He was succeeded by his uncle, VI. ROBERT, sixth Lord Bellenden, born 7 April and baptized 23 April 1734,5 at Westmill. He was captain in the lllth Regiment of Foot in 1761, and 68th Regiment in 1767. He had a grant from the Crown of £250 salary as Usher of the Exchequer 8 February 1797.6 He died unmarried, and was buried at Westmill 23 October 1797.7 The title then devolved on VII. WILLIAM, son of Colonel the Hon. William Bellenden, third son of John, second Lord Bellenden. He succeeded in 1804, when he was seventy-six years of age, as fourth Duke of Roxburghe. (See that title.) CREATION.— 10 June 1661. ARMS. — Gules, a hart's head couped between three cross- crosslets fitchee within a double tressure flory counter flory or. CREST. — A hart's head couped with a cross crosslet fitchee between the attires. SUPPORTERS. — Dexter, the figure of Justice, holding a sword in her right hand and a pair of scales in her left. Sinister, the figure of Peace holding in her hand a palm branch, all proper. MOTTO. — Sic itur ad astra. [j. B. P.] 1 Roxburghe Peerage Case, Min. of Evid., 161. 2 Kearsley's Peerage. 3 Complete Peerage. 4 Ibid. b Westmill Par. Reg. c Peerage Case, Min. of Evid., 165. 7 Westmill Par. Reg. BSIantprt STEWART, LORD BLANTYRE HOMAS STEWART, second son of Sir William Stewart of Dalswinton (see title Galloway), got a charter of the lands of Sealaws and Morebattle, and a third part of the barony of Minto, with the superiority of the whole barony, 2 November 1476 ;x on 10 August 1477 he had a charter of the lands of Househill, in Lanarkshire ; 2 and on 20 February 1489-90 another of the lands of Busby in the same county.3 He married Isabella, daughter and co-heiress of Walter Stewart of Arthurle by Janet Cameron his wife.4 He died 1500, and was buried before the altar of Our Lady in the cathedral of Aberdeen,5 leaving issue : — 1. JOHN. 2. William, born about 1479, was parson of Lochmaben, rector of Ayr, and a prebendary of Glasgow. In 1527 he was made Dean of Glasgow, was appointed Lord High Treasurer 2 October 1530, and held that office for seven years. At the same time he got the Provostry of Lincluden, and on 14 November 1532 was made Bishop of Aberdeen. In February 1533-34 he was sent with Sir Adam Otterburn, the King's 1 Reg. Mag. Sig. 2 Confirmed 25 June 1489, Ibid. 3 Ibid. 4 Ibid., 25 June 1459. 5 Ibid., 16 September 1550. 78 STEWART, LORD BLANTYRE Advocate, as an ambassador to England, to negotiate a treaty of peace. He administered the affairs of his diocese with much acceptance, and was a consider- able benefactor to the see.1 ' He was,' Spottiswood says, ' a man given to virtue, charitable to the poor, and ready to every good work.1 2 He died April 1545, and was buried in the cathedral of Aberdeen. 3. Malcolm.3 4. Nicol or Nicholas. 5. Robert, who on 15 February 1514 is styled brother- german of the late John Stewart, knight, and for whom his brother William receives 105 merks as his 4 portion natural.' 4 6. Agnes, married John Stewart of Oardonald, son of Alan Stewart of Oardonald, and had issue, a daughter, Agnes.5 7. Marion, married Adam Maxwell of Southbar, third son of Herbert, first Lord Maxwell. 8. Margaret, married Charles Pollok of Pollok, with issue.6 SIR JOHN STEWART of Minto. He had a charter to himself and his wife of the barony of Minto and lands of Busby in Lanarkshire 23 February 1502-3.7 He was knighted between 27 May and 6 June 1508.8 He was Provost of Glasgow, as his father had been, and though generally said to have been killed at the battle of Flodden, died between July and October 1512, as his son Robert was infeft in some of his lands on or about 26 October of that year.9 His wife's name was Janet Fleming. They had issue : — 1. SIR ROBERT. 2. , a son, referred to in an instrument of 28 January 1512-13 as brother of Robert.10 3. Jonet, called elder daughter in same writ, when she received a gift from her mother.11 SIR ROBERT STEWART of Minto was served heir to his father in the lands of Houshill in lordship of Darnley, the 1 Crawford's Lives, 374. 2 Hist., 106. 3 Glasgow Protocols, iii. 320. 4 Protocol Book of Gavin Ross, i. f. 296. 6 Reg. Mag. Sig., 1 February 1444-45. 6 Crawford's Renfrew, 209. 7 Reg. Mag. Sig. 8 Ibid. g Protocol Book of Gavin Ross, i. 4b. 10 Ibid., f. lOb. n Ibid. STEWART, LORD BLANTYRE 79 lands of Perme Corny n and Hagbank, near Ruglen, Wester Pertik, and part of Arthurle in Renfrew, and Antermony Wester, at different dates between 26 October and 12 November 1512.1 He was Provost of Glasgow in 1528 ;2 and had a charter to himself and his wife of the barony of Minto and lands of Morebattle and others 7 January 1529- 30.3 He was 4 principal Marshal ' to the King 1529/ He was dead before 7 November 1553.5 His wife's name was Janet Murray, and by her he had : — 1. SIR JOHN. 2. Walter. 3. Robert. 4. Malcolm.* 5. Mr. Adam.1 6. Elizabeth. She had an assignment to her on 11 Feb- ruary 1536-37 of the marriage of Robert Maxwell of Calderwood, granted to her father by the King. In virtue of the powers conferred by the grant Max- well was summoned to marry Elizabeth, daughter of David Barclay of Oollairnie, so that a double avail of the marriage might be exigible if she was refused.8 Elizabeth Stewart ultimately married, as his second wife, Sir John Maxwell of OaJderwood, brother of the above-mentioned Robert. SIR JOHN STEWART of Minto was served heir to his father 20 May 1555. When about seven years old he was contracted in marriage to Margaret, eldest daughter of George Maxwell of Cowglen, a girl of the same age. This marriage never appears to have been entered into, as on 8 November 1543, after the death of Margaret Maxwell, which occurred between 8 November 1542 and 20 January 1542-43, he raised a summons of reduction of certain dues which had been granted in security of the marriage on the ground that such obligation to marry (the parties being minors) was from the first contrary to canon law.9 He 1 Protocol Book of Gavin Ross, i. if. 4b, 6a-8a. 2 Glasgow Protocols. 3 Reg. Mag. Sig. 4 Exch. Rolls, xv. 545. 5 Ibid., xvii. 563. 6 Glasgow Protocols, iii. 920. 7 Ibid.,v. 1424. 8 There were four Robert Maxwells of Calderwood in succession at this period, of whom the above was the third; he is omitted by Eraser in The Maxwells of Pollok, i. 469. 9 Fraser's Maxwells of Pollok, i. 458 ; Chartulary of Pollok, 343. 80 STEWART, LORD BLANTYRE must have married very shortly afterwards, as he had a charter on 16 February 1543-44 to himself and his wife, Joanna Hepburne, of the lands of Wester Perthwik, in the county of Renfrew.1 He was Provost of Glasgow, and bailie of the barony, which latter office he had got from the Earl of Lennox when he became Regent. He was Keeper of the Castle of Glasgow from May 1568 2 till 9 November 1573, when James Boyd, the Archbishop, got possession of it. Robert, Lord Boyd, also usurped, in the same year, the office of bailie, till, in 1578 the King resumed it as Earl of Lennox,3 and the same nobleman was in 1574 nominated as Provost, but Sir John (who had been knighted previous to 10 March 1563-64) obtained possession of that office again before his death.4 He was also in 1566 Chamberlain of Galloway above Cree.5 He died in February 1582-83, and was buried in the cathedral of Glasgow. There is an inter- esting monument there, noteworthy as one of the few examples of old brasses in Scotland. It bears the following inscription : — HEIR . AR . BVREIT . S . WALTER . SR THOMAS . SR IHON . AND ,SR ROBERT . SR IHON . AND SR MATHEW . BY . LINEAL . DESCENT . TO . VTHERIS . BARONS . AND . KNIGHTS . OF THE . HOVS . OF . MYNTO . WT . THAIR . WYFFIS . BAIRNS . AND . BRETHEREIN. By the side of the inscription there is a representation of one of the barons, in armour, kneeling and looking towards the sun, surrounded with rays in the upper corner. The inscription is not more accurate than the ordinary sepul- chral memorial, as the name of Sir Thomas's father was William, not Walter, and Sir Thomas himself is said, in the charter above quoted, to have been buried at Aberdeen. Sir John married, first, Johanna Hepburn, and had by her: — 1. Sir Matthew. On the appointment of Mr. Robert Montgomery, minister of Stirling, to be Archbishop of Glasgow, in 1581, he was opposed by the people, and Sir Matthew, who was then Provost of Glasgow, being desirous of obeying the King's commands, went to the church and pulled Mr. Howie, whom the 1 Reg. Mag. Sig. 2 P. C. Reg., ii. 301-302. 3 Ibid., ii. 697. 4 Glasgow Protocols, v. 1490 ; viii. 2477. 5 Exch. Rolls, xviii. 321. STEWART, LORD BLANTYRE 81 parishioners had got to officiate at the time when the Archbishop should have been inducted, out of the pulpit, and injured him severely. On this Mr. Howie denounced the judgment of God on Sir Matthew and his family; and certainly the fortunes of the family began to decay, and the last Laird of Minto, Sir John Stewart, went about 1699 with the Scots expedition to Darien, where he died, having been reduced to such penury that he was supported by his relative Lord Blantyre.1 Sir Matthew married, first, Jonet, eldest daughter of Alexander Stewart, tutor of Castlemilk,2 and, second, Jean, eldest daughter of Sir John Oolquhoun of Luss, by Agnes Boyd his wife.3 He had issue : — (1) Walter, who, on 25 January 1598-99, was contracted to Christian, eldest daughter of James Crawfurd of Ferme, and Annabella Hamilton, his spouse.4 (2) Robert, eldest son by second wife, had an anrmalrent of 200 merks from his father.6 2. John* He married Elizabeth and had two daughters, co-heiresses, Margaret and Jonet.7 Sir John married, secondly, Margaret, second daughter of James Stewart of Oardonald,8 and by her had : — 3. WALTER. 4. Robert, though perhaps he was by the first wife.9 5. Janet, married, 1570,10 Archibald Stewart of Oastle- milk. He died 1612,11 and she died the following year and was buried at Oarmunnock. 6. Marion, married to William Oleland of that Ilk. 7. Agnes, married to John Wallace of Auchans and Dun- donald. 8. , a daughter, said to have been married to Craw- ford of Ferme. Sir John had also a natural son, John.12 I. WALTER STEWART, known for long under the designa- tion of the Prior of Blantyre, was the only son of his 1 Statistical Account, vi. 110 ; Fraser's Chiefs of Colquhoun, i. 138. 2 Reg. Mag. Sig., 4 August 1569. 3 Fraser's Chiefs of Colquhoun, ut sup. 4 Glasgow Protocols, xi. 3411-3415. 6 Ibid., 3603. 6 Ibid., 1564, iii. 787. 7 Ibid., 19 November 1585, ix. 2793-94. 8 Crawford's Renfrew, ed. 1782, 229. 9 Glasgow Protocols, 29 April 1564, iii. 787; 8 September 1571, vi. 1710. 10 Reg. Mag. Sig., 28 November 1570. " Glasgow Tests. 12 Glas- gow Protocols, 8 September 1571, vi. 1790. VOL. II. F 82 STEWART, LORD BLANTYRE father's second marriage. He was brought up along with James vi., under George Buchanan, and had the Priory of Blantyre bestowed on him by that monarch, and is designed Oommendator of Blantyre 1580, when he was nominated one of the Gentlemen of the Bedchamber.1 He first appears as a Privy Councillor 15 November 1582.2 He also got the office of Privy Seal, formerly held by Buchanan, who died in September of the last-mentioned year. He was made assessor to the Treasurer 26 April 1583,3 and was tutor to the Duke of Lennox.4 In January 1595-96 he was appointed one of the Octavians,5 and seems for a time to have officiated as Chancellor in that year.6 On 6 March 1595-96 the office of Treasurer, including the abolished post of Treasurer-depute, was bestowed on him,7 and he introduced many new regulations into his department. He resigned his office as an Octavian 7 January 1596-97.8 Mr. Robert Bruce, one of the most popular of the Presbyterian clergy in Edinburgh, having fallen under the displeasure of the King, his Majesty had stopped a pension which he had received by royal gift from the revenue of the Abbey of Arbroath. Bruce took proceedings against the King before the Court of Session. Amongst other judges who began to hear the case was the Treasurer, but his leanings in favour of Bruce had been so marked that the other judges thought it more expedient that he should not hear the case to the end. The judgment, given in the most independent way by the Court, was against the King. The latter was of course furious, and his resentment lighted on his old friend the Prior, who had actually given no judgment in the case. He was committed to ward in Edinburgh Castle and com- pelled to resign the Treasurership, 17 April 1599.9 He was not long in ward, however, as he is mentioned as sitting in Council on the 19 May following. The goodwill of James, indeed, was not long withheld from him, and on 11 March 1600 there was an Act passed acknowledging in a very handsome way his long and faithful services to his Sovereign.10 The Prior signed, in December 1604, the abortive treaty 1 Crawford's Lives. 2 P. C. Reg., iii. 528. 3 Ibid., 565. 4 Ibid., iv. 177. 6 Ibid., v. 254. 6 Ceil, of State Papers, ii. 700. 7 P. C. Reg., v. 289 ; cf. Eraser's Melvilles, iii. 140. 8 P. C. Reg., v. 357. 9 Ibid., 549. 10 Ibid., vi. 92. STEWART, LORD BLANTYRE 83 of that Union which was not destined to be carried into effect for another century.1 He sat on the bench as an assessor in the trial of the six ministers for illegally holding a General Assembly at Aberdeen, 10 January 1606.2 A little incident, illustrating his good sense and judgment, occurs in the records at this time. The son of the Constable of Dundee [Scrymgeour] having been very rude to a citizen for not taking off his hat to him, the matter was brought before the Privy Council, and though the opinion of many of the noblemen present was that the burgess had only been treated as he deserved, the Prior and others thought the young Constable should be admonished not to repeat his conduct.3 On 10 July 1606 he was raised to the Peerage under the title of LORD BLANTYRE. 4 Walter Stewart, pray our of Blantyre ves maid knight of Cardonald and thairafter bar one, banaret and lord of our Sovereign Lord's Parliament and ordained in all tyme thereafter to be called Lord of Blantyre/4 In March 1607 he was a Commissioner to the Synod of Lothian in the subject of the 4 Constant Moderator- ships,' and on 10 March 1609 he acted as an assessor in the trial of Lord Balmerino on the charge of treasonable cor- respondence with France.5 In the beginning of 1610 he was appointed one of the members of the newly-constructed Council.6 He was one of the commissioners for considering the question of the government of the Highlands and Islands,7 and was a Justice of the Peace of the counties of Edinburgh, Lanark and Renfrew.8 ' The good old prior of Blantyre ' 9 died full of years and honour, 8 March 1617.10 He married Nicolas, fourth daughter of John Somerville of Cambusnethan (contract 13 April 1582 "), by his wife Catherine, daughter of Patrick Murray of Philiphaugh,12 and had by her, who survived him, three sons and one daughter : — 1. Sir James Stewart, married Dorothy Hastings, born 15 January 1579, second daughter of George, fourth Earl of Huntingdon, but had no issue by her. She after- 1 P. C. Reg., vii. p. xxxiv. 2 Ibid., 164. 3 Ibid., 185. 4 Carmichael's Tracts, 28. 5 P. C. Reg., vii. 344; viii. 259, 260. 6 Ibid., viii. p. xiii. 7 Ibid., viii. p. lix. 8 Ibid., ix. 76, 77. 9 Cat. of State Papers, ii. 700. 10 Edin. Tests. n Reg. of Deeds, xl. 330. 12 Memorie of the SomerviUes, i. 425-496, 84 STEWART, LORD BLANTYRE wards married, about 1609, as his second wife, Robert Dillon, second Earl of Roscommon. Sir James having quarrelled with Sir George Wharton, the eldest son of Lord Wharton, was challenged by him to a duel, which was fought with sword and dagger at Islington 8 November 1609. Both combatants were killed on the spot, and were, by the King's command, interred in one grave in the churchyard there.1 There are two interesting letters from the Scottish Privy Council to the Secretary of State and the Treasurer, the Earl of Dunbar, regarding this affair, 17 November 1609. ' To the Secretary the Council say that they can do no less in this tyme of that heich displeasour of the agit fader, who is so far overcome with anguish, greiff, and sorrow, that he is altogidder insensable and cairles of his advis, then to recom- mend him to your good lordship, 'that measures might be taken to prevail on the King to allow Lord Blantyre to succeed to his son's effects : the letter to the Treasurer is of similar import.2 2. WILLIAM, second Lord Blantyre. 3. Walter, a doctor of medicine, who married and had two daughters : — (1) Frances Teresa, a cheery and vivacious beauty of the court of Charles n., and with whom that monarch was much in love. She was ultimately married privately, in March 1666-67, to Charles, Duke of Richmond. ' La belle Stewart,' as she was called, was made a Lady of the Bedchamber, and took smallpox shortly after her marriage. She is said to have divided the latter years of her life between cards and cats. She died 15, and was buried 22, October 1702 in Westminster Abbey, having bequeathed the bulk of her property to her cousin's son William, afterwards fifth Lord Blantyre, for the purchase of certain estates to be called ' Lennox's love to Blantyre.' He purchased accordingly the estate of Leth- ington in Haddingtonshire, and changed its name to Len- noxlove. There is a portrait of her by Sir Peter Lely ; Bothier, the engraver to the Royal Mint executed a medal of her, and she served as model for the figure of Britannia on the copper coins.3 (2) Sophia, married the Hon. Henry Bulkeley, Master of the Royal Household, fourth son of Thomas, first Viscount Bulkeley. 1 Gentleman's Mag., November 1800. 2 P. C. Reg., viii. 607. 3 Memoirs of Count de Grammont, edition 1889 ; i. 147 ; ii. 233-237. STEWART, LORD BLANTYRE 85 4. Mr. John.1 5. Anna, called ' senior filia,' married (marriage-contract 30 December 1608) to John, eighth Lord Abernethy ol Saltoun.2 He died in 1612, and his widow had sub- sequently, by James. Marquess of Hamilton, a natural daughter, Margaret, who was married to James Hamilton, first Lord Belhaven.3 6. Jean.4 II. WILLIAM, second Lord Blantyre, created a Knight of the Bath 2 June 1610.5 He was served heir to his grand- father 30 August 1614, and to his father 12 June 1621. He had a grant to himself and his future spouse, Helen Scot, on the resignation of his parents, of the barony of Blantyre and other lands 12 August 1615, and of the lands and mansion of Blantyre Craig 20 June 1616.6 He was a Justice of Peace for Edinbuf gh in 1620.7 He died 29 November 1638. He married Helen, daughter of Sir William Scot of Ardros, and Jean Skene (of Ourriehill). By her he had : — 1. WALTER, third Lord Blantyre. 2. ALEXANDER, fourth Lord Blantyre. 3. William, baptized 10 August 1626 ; 8 probably died young. 4. James, baptized 28 October 1627,9 died in infancy.10 5. Helen, eldest daughter, married to Mr. Thomas Hamil- ton of Parkley, son of Thomas, second Earl of Had- dington.11 6. Jean, baptized 16 January 1620.12 In 1638 she con- tracted an irregular marriage with a son of Patrick Lindsay, Archbishop of Glasgow.13 7. Margaret, married to John Swinton of Swinton (mar- riage-contract 28 December 1644 and 10 January 1645 H). She died in childbed in the Castle of Edin- burgh, where her husband was at the time im- prisoned, December 1662.15 8. Marie, who died, before April 1648, unmarried.16 1 Reg. of Deeds, cclxiii., 2 July 1617. 2 Reg. Mag. Sig., 14 February 1609. 3 Stodart MS. 4 Reg. of Deeds, cclxxxv. 23 June 1619. 6 Nicolas's Orders of Knighthood. « Reg. Mag. Sig. 7 P. C. Reg., xii. 769. 8 Torphichen Par. Reg. of Baptisms. 9 Edinburgh Reg. 10 Canongate Burials, Novem- ber 1627. n Gen. Reg. Sas., 2nd ser., xvi. 284 ; also Acts and Decreets, Dlxiii. 125; Decreets, Durie, 23 June 1677. 12 Edinburgh Reg. 13 Stodart MS. " Reg. Mag. Sig., 7 February 1650. 15 The Swintons of that Hk, 71. 16 Reg. of Deeds, Dlxi. 16 October 1649. 86 STEWART, LORD BLANTYRE III. WALTER, third Lord Blantyre, was served heir to his father 11 May 1639.1 He married Margaret, daughter of Sir William Mure of Rowallan,2 sasine to her as his future wife 24 September 1641 ,3 and dying without issue, in October 1641,4 was succeeded by his brother, IV. ALEXANDER, fourth Lord Blantyre. He married Mar- garet, daughter of John Shaw of Greenock, by Helen Houston his wife. On 7 September 1649 he granted a charter with consent of his curators, to her of certain lands in liferent.5 He was one of the ' Engagers ' who offered in 1647 to put the arms of Scotland at the disposal of Charles i. In the proceedings which were subsequently taken by Parliament against the Engagers, Lord Blantyre was fortunate enough to escape punishment, a special Act being passed, 30 June 1649, declaring that although he had acted as the route- master of a troop, yet seeing he was t drawin thairinto throw perswasioune of perverse counsall and out of ane vaine and chyldisch desyr to see the ordour and fashione of arms,' he was pardoned on condition of giving satisfaction to the General Assembly.6 At this time it is stated he was a minor, and out of the kingdom, so he must have returned to Scotland shortly after, and proceeded to marry Margaret Shaw. The date of his death is not known, but must have been previous to 1690. By his wife he had : — 1. ALEXANDER, fifth Lord Blantyre. 2. Helen, married (contract 6 June 1672 7) to James Muir- head of Bredisholme, whom she survived, and died in Glasgow 1735.8 V. ALEXANDER, fifth Lord Blantyre. In 1689 he is found taking the oath of allegiance after the Revolution, and subscribing the oath declaring the legality of the meeting of Estates summoned by the Prince of Orange,9 and he signed a letter of congratulation to King William. He gave a still more practical proof of his adherence to the Hanoverian Government by raising a regiment of six hundred Foot, and got a commission as its colonel.10 He 1 Ret. Lanark, 198. 2 Hist, of the House of Rowallan, 88. 3 Gen. Eeg. Sas., 1. 153. 4 Test, confirmed 28 June 1643, Glasgow Com. 5 Laing Charters, No. 2397. 6 Acta Parl. Scot., vi. ii. 410. 7 Gen. Eeg. Sas., xxix. 455. 8 Test, confirmed 1 April 1735, Glasgow Com. 9 Acta Parl. Scot., ix. 9. 10 Ibid., 50, 57. STEWART, LORD BLANTYRE 87 wrote to Lord Melville, 1 July 1689 : ' I have levied one regiment for his Majesty's service, and I hope it shall be found inferior to none of the other regiments; and this week I have advanced near eight hundred lib. sterline for cloathing them, and shall have them readie at a call when ever the King shall command them ; and if his Majesty think fit to honour me with his commands ... I shall desire to possess life and fortune no longer than my wil- lingness continues to venture them for my religion and King.' * At the meeting of Convention, 9 June 1702, his Lord- ship was one of the seceding members who protested against its legality, and was by them sent up to London with an address to Queen Anne containing the reasons of their procedure ; this her Majesty refused to receive, but granted Lord Blantyre personally an audience. In the same year he got a great accession of fortune through the death of his relative the Duchess of Richmond and Lennox as mentioned above. In 1703 he had a serious quarrel with the Commissioner the Duke of Queensberry, and called him in presence of the Lord Advocate ' a base and impudent liar.' On a complaint by the Lord Advocate he was ordered into the custody of the High Constable, but speedily made his submission. He was, however, brought before the House, and the Lord Chancellor said that the Commissioner was pleased to dispense with his making his acknowledg- ment of fault on his knees, but besides being obliged to beg pardon of the Commissioner and the Estates, he was mulcted in a fine of £5000.2 Lord Blantyre died 20 June 1704. There is a graphic description of him given by Macky ; 3 ' a very busy man for the liberty and religion of his country, yet whatever party gets the better, he can never get into the administration . . . very zealous for the Revolution. . . . A little, active man, but thinks very seldom right, and can neither speak nor act, but by overdoing spoils all. He loves to be employed, and therefore is often made the finder of a party ; can start the hare, but hath no other part in the chase ; makes but a mean figure in his person, very short of stature, short-sighted, fair complexioned, towards fifty years old.' 1 Leven and Melville Papers, 146. 2 Ada Parl. Scot., xi. 74, 3 Characters. 88 STEWART, LORD BLANTYRE He married, first, Margaret, eldest daughter of John Henderson of Fordel, Bart., without issue; second, in or before 1683, Anne, sister of John, second Lord Belhaven (see that title), by whom, who died at Bath about 31 December 1722, he had :— 1. WALTER, sixth Lord Blantyre. 2. ROBERT, seventh Lord Blantyre. 3. John, admitted to the Faculty of Advocates 21 Feb- ruary 1710, died 16 February 1740.1 4. James. 5. Hugh, died in Ireland 7 February 1769.2 6. Marion, married at Oardonald, 24 February 1704, to James Stirling of Keir. Postnuptial contract dated 29 February 1704. She had by her husband no less than fourteen sons and eight daughters, and died at Cawdor 20 March 1770.3 7. Frances, married, 2 March 1707, to Sir James Hamilton of Rosehall, Bart., without issue. 8. Helen, married, about 1715, to John, Lord Gray, with issue. 9. Anne, married to Alexander Hay of Drummelzeir; died in March 1743, leaving issue. VI. WALTER, sixth Lord Blantyre, born 1 February 1683.4 He voted against the Union in Parliament, but was after- wards chosen one of the sixteen Representative Scottish Peers at the general election in 1710. He died at West- minster of a fever, 14 June 1713,5 unmarried, and was buried in the Richmond vault in Henry vn.'s Chapel, in West- minster Abbey. He was succeeded by his next younger brother, VII. ROBERT, seventh Lord Blantyre. He was a captain of a regiment of Foot, and was serving in Minorca when the succession opened to him. He died at Lennoxlove 17 November 1743, and was buried at Blantyre. He married, first, Helen, eldest daughter of John, fourth 3arl of Strathmore, by whom he had : — 1. Alexander, died young. He married, secondly, Margaret, daughter of the Hon. 1 Edinburgh Tests. 2 Edinburgh Mag. 3 Fraser's Stirlings of Keir, 73. 4 Edinburgh Reg. 5 Political State of Great Britain, 459. STEWART, LORD BLANTYRE 89 William Hay of Drummelzier, brother of the first Marquess of Tweeddale (see that title), and by her, who died at Lennoxlove 13 December 1782, aged eighty-five, had : — 2. WALTER, eighth Lord Blantyre. 3. WILLIAM, ninth Lord BJantyre. 4. ALEXANDER, tenth Lord Blantyre. 5. John, died unmarried. 6. James , a captain, Thirtieth Foot Guards, with the rank of lieutenant-colonel in the army, killed at the battle of Guildford, North Carolina, 15 March 1781. 7. Charles, was in the civil service of the Honourable East India Company, and a member of the Supreme Council of Bengal. 8. Margaret, died unmarried at Lennoxlove 4 June 1794. 9. Helen, married, 1 April 1755, to Oliver Colt of Auld- hame, and had :— (1) Robert, born 22 September 1756, admitted to the Faculty of Advocates 1777, and died at Dover 29 December 1797. He married, 22 September 1778, Grizel, daughter of Robert Dundas of Arniston. She died 27 September 1798, leaving issue. (2) Oliver. (3) Margaret. (4) Mary, married at London, 8 January 1796, to Charles Pye of Wadley, Berks, major, Third Dragoons. (5) Helen, married in June 1785 to Sir David Rae of Eskgrove, second baronet, son of Lord Eskgrove, with issue four daughters. (6) Elizabeth, married, 2 January 1802, to James Willis of the India House, and died May 1803. 10. Marion, died unmarried at Lennoxlove 27 November 1780. 11. Elizabeth, married at Edinburgh, 15 April 1760, as his first wife, Captain William Colquhoun of Garscadden,1 and died 27 April 1772, without issue. VIII. WALTER, eighth Lord Blantyre, resided much abroad. Lady Jane Douglas, writing from Utrecht, 10 February 1747, says : 4 Among the rest of the British, young Lord Blantyre deserves the greatest praise. He has extreme good sense, the best scholar, the greatest application, a vast pleasure in reading, and the best taste in books, is free from all manner of vice, and has the sweetest temper in 1 'Register of old St. Paul's,' Scot. Antiq., v. 150. 90 STEWART, LORD BLANTYRE the world, and to all appearance will be a very great honour to his country.' l Allowed £200 on abolition of Heritable Jurisdictions, as compensation for his regality of Kirk- patrick.2 He died, unmarried, at Paris, 21 May 1751, in the twenty-fifth year of his age, and was buried, 9 July, at Blantyre. There are two poetical tributes to his memory in the Scots Magazine, 1751. IX. WILLIAM, ninth Lord Blantyre, succeeded his brother ; was a colonel in the service of the States of Holland, and died, unmarried, at Erskine, 16 January 1776.3 X. ALEXANDER, tenth Lord Blantyre, succeeded his brother. He resided at Erskine, and took much interest in the management of his estates, and in agriculture generally. He is described as 4 an amiable and respected nobleman, and a most worthy and useful citizen. His conduct as a landlord was not only humane but highly judicious, as it equally tended to promote the real interest of the proprietor and tenant, and the general advantage of the country.' * He died, at Clifton, 5 November 1783. He married, 23 July 1773, Catherine, eldest daughter and heiress of Patrick Lindsay of Eaglescairnie, by his wife, Margaret Haliburton : she died 29 December 1822, leaving issue : — 1. Margaret, born 16 August 1774 ; married, 5 October 1809, Rev. Dr. Andrew Stewart, minister of Bolton, who had been presented to that parish by her brother, Robert, Lord Blantyre, in 1804, and was translated to Erskine in 1815. He had taken his degree as a Doctor of Medicine, and is said to have successfully treated his wife for consumption. He died, 26 December 1838, in his sixty-eighth year. She died, 20 October 1839, aged sixty-four, leaving a son, Robert, who succeeded his father in the parish, and married a daughter of Lord Cockburn.5 2. ROBERT WALTER, eleventh Lord Blantyre. 5. Sir Patrick, G.O.M.G., of Eaglescairnie, colonel Nine- teenth Foot, born 10 June 1777; died 7 February 1855; married, 20 July 1810, Catherine Henrietta, 1 Defender's Proof, Douglas Cause. 2 Heritable Jurisdiction Writs, Gen. Reg. Ho. 3 Glasgow Tests. 4 Old Statistical Account. 5 Scott's Fasti Eccl. Scot., ii. 247. STEWART, LORD BLANTYRE 91 eldest daughter of HOD. John Rodney, and issue. 6. William, lieutenant-general, was an officer in the Eighteenth Foot Guards, and served in the expedition to Holland 1799; born 29 August 1778, died 15 February 1837. 7. Charles, barrister-at-law, of Lincoln's Inn and the Inner Temple ; born 25 October 1780, died 2 Decem- ber 1858. XI. ROBERT WALTER, eleventh Lord Blantyre, born 26 December 1775, educated at Eton. Ensign in the Third Foot Guards 1795, afterwards captain in Thirty-First Foot and Seventh Dragoons, and lieutenant-colonel Forty-Second Highlanders. He served in Holland in 1799, in Egypt in 1801, as A.D.O. to General Stuart, in the expedition to Pomerania and Zealand in 1807, and in the Peninsular War in 1809. He rose to the rank of lieutenant-general, and was made a Companion of the Bath, 4 June 1815. He was elected one of the sixteen Scottish Representative Peers, 1806 ; and was for some time Lord-Lieutenant of Renfrew- shire. He was accidentally killed by a shot fired during the Revolution in Brussels while looking out of the window of his hotel there, 22 September 1830. He married, in Edinburgh, 20 February 1813, Fanny Mary, second daughter of the Hon. John Rodney, son of the celebrated Admiral Lord Rodney, and had by her, who was born 17 April 1791, and died 19 November 1875 : — 1. Alexander, died v. p. February 1814. 2. CHARLES WALTER, twelfth Lord Blantyre. 3. WZZiam,K.C.M.G.,C.B., born 3 March 1824 ; Secretary to Embassy at St. Petersburg ; married, 6 September 1866, Georgina, eldest daughter of Major-General George Borlase Tremenheere, and died s. p. 1 April 1896. She died 3 January 1901. 4. Walter Rodney, born 16 July 1826 ; died 13 September 1838. 5. James, lieutenant-colonel Rifle Brigade, born 28 July 1827 ; died, unmarried, 11 April 1870. 6. Henry, born 30 June 1830 ; died 13 April 1842. 7. Catherine, born 28 February 1815 ; married, 28 March 92 STEWART, LORD BLANTYRE 1843, to William Rashleigh of Menabilly, Cornwall, who died 31 October 1871. She died 8 November 1872. 8. Fanny Mary, born 17 April 1816 ; married, as second wife, 10 August 1847, to William Busfield Ferrand, M.P., of Harden Grange, Yorkshire, who died 31 March 1889. She died 18 December 1896. 9. Georgiana Eliza, born 17 June 1821; married, 27 May 1857, to the Right Hon. Sir Andrew Buchanan, Ambassador Extraordinary at St. Petersburg and Vienna, who died 13 November 1882. She died at Castle Grant 21 March 1904. 10. Caroline Henrietta, born 4 March, died 19 October 1825. 11. Caroline (twin with Henry), born 30 June 1830; married, 12 August 1850, to John Charles, Earl of Seafield. XII. CHARLES WALTER, twelfth Lord Blantyre, born 21 December 1818; Representative Peer 1850-92; D.L. Lanark and Renfrew. He died 15 December 1900, when the Barony became extinct. He married, 4 October 1843, Evelyn Sutherland Leveson-Gower, second daughter of George Granville, second Duke of Sutherland, who died 24 November 1869, and had issue : — 1. WALTER, Master of Blantyre, born 17 July 1851, captain 1st Sutherland Highlanders; died, unmarried, 15 March 1895. 2. Mary, born 15 September 1845. 3. Ellen, born 21 August 1846 ; married, 15 June 1864, Sir David Baird, Bart., and has issue. 4. Evelyn, born 24 June 1848 ; married, 7th March 1871, to Archibald, third Marquess of Ailsa; and died 26 July 1888, leaving issue. 5. Gertrude, born 11 October 1849 ; married, 30 Sep- tember 1875, to William Henry Gladstone, who died 4 July 1891, and had issue. 6. Blanche, born 6 March 1867 ; died 7 September 1868. CREATION. — Lord Blantyre, 10 July 1606. ARMS.— Not recorded in Lyon Register, but given by STEWART, LORD BLANTYRB 93 Nisbet as — Or, a fess chequy azure and argent, surmounted of a bend engrailed, and in chief a rose gules. CREST. — A dove with an olive leaf in its mouth proper. SUPPORTERS. — Dexter, a savage wreathed about the head and middle with laurel, holding in his right hand a baton, all proper : sinister, a lion rampant gules. MOTTO — Sola juvat virtus. [J. B. P.] BORTHWICK, LORD BORTHWICK ETTING aside the sug- gestion of a continental origin,1 it seems probable that the family of Borth- wick derived its surname from the lands or ter- ritory so called, lying along the Borthwick Water,2 on the borders of Selkirk and Roxburgh; and it certainly gave the name to the parish of Borthwick, known more anciently as Loch- orwart, in the county of Edinburgh. THOMAS DE BOBTHWICK obtained a charter from John of Gordon, Lord of that Ilk, of the half-lands of Ligertwood, near Lauder, in Berwickshire, which is not dated, but must have been granted between 1357 and 1367.3 His son and heir, William de Borthwick, was concerned in a cause with Thomas de Hay, regarding the lands of Middleton, 1 See, however, Hay's Estimate of the Scottish Nobility, 1577, ed. Rogers 1873, 21 ; Douglas, 1764, 76, citing Martin of Clermont's MSS. ii. ; and Martin again in Macfarlane's Gen. Coll., ii. 131. 2 The name of the lands occurs in the form ' Bordewich,' in charters by the Avenel family to the monks of Melros, in the reign of William the Lion, 1165-1214 ; and the town and territory of Bortwic appear in a grant between 1214 and 1249 (Lib. de Melros, 30, 34, 237). An evident belief in the high antiquity of the name prompted Scott to introduce * old Borthwick's roaring strand ' in the first canto of his Lay ; and Leyden, in his Scenes of Infancy, speaks of ' Bortha hoarse ' rolling her red tide to the Teviot. 3 Charter in Gen. Reg. House, No. 151. John Major has a story, which he places as early as 1361, of a ' lord ' Borthwick, who made his escape from captivity in England (History, Scot. Hist. Soc., 299). BortiflDtrfe BORTHWIOK, LORD BORTHWICK 95 Midlothian, in 1368,1 and there is no reason to doubt that this son was SIR WILLIAM BORTHWICK, who in 1378 was in possession of the lands of Catcune,2 Midlothian, and who appears to have been variously described as of Catcune, of Ligertwood, and of Borthwick. He was employed as an ambassador or com- missioner in the reigns of Robert in. and James i., and went to England on many diplomatic missions, from 1398 3 to 1413. On 21 September 1405 he was one of the hostages for Archibald, Earl of Douglas, who had been taken, for the second time, at the battle of Shrewsbury.4 He obtained a charter of the lands of Borthwic and Thof tcotys in Selkirk- shire, 4 June 1410. Between 1408 and 1414 he is several times noticed in conjunction with William de Borthwick, his son.5 The name William occurs as that of the eldest son in six or seven successive generations in the main line of the family, and in seven successive generations of the Soltray branch, and difficulty has always been experienced in distinguishing any one William from those coming immediately before and after him. There is still room for hesitation at the starting-point, as elsewhere, but, looking to the dates, the probability is that the first knight died in or soon after 1414, and was succeeded by his son,6 SIR WILLIAM BORTHWICK, the second of Borthwick, who was Captain of Edinburgh Castle in 1420, and had the collection of customs delegated to him, although not him- self free from the charge of having been a depredator.7 He was one of the hostages given for James I. when he was allowed to visit Scotland in 1421, and a commissioner to treat for his release in 1423. Again, he was a hostage for his Majesty when he was permitted to return to his own kingdom in 1424. In 1425 he was on the assize for the trial 1 Acta Part. Scot., i. 505b, 506a. 2 Charter cited by Douglas, 1764, 76. 3 Three treaties with the English, 26 and 28 October and 6 November 1398, in which he took the lead on the part of Scotland, are printed in Borthwick's Inquiry into the Feudal Dignities, 1775, 59, 68, 71. His seal shows on a shield couche\ three cinquefoils, two and one ; crest, a dragon's head and neck ; supporters, two lions sejant (Cal. Doc. Scot., iv. Nos. 510, 512). 4 Godscroft, 1644, 123; Douglas Book, i. 374 ; Cal. of Docs., iv. 707. 5 Douglas Book, iii. 368, 408, 411 ; Reg. Mag. Sig. 6 According to Douglas, 76, 526, a daughter of Sir William Borthwick married Sir John Oliphant of Aberdalgy, but it would be rash to say of which Sir William. 7 Exch. Rolls, iv. 224, 321, 322. 96 BORTHWICK, LORD BORTHWIOK of Murdoch, Duke of Albany, and in the same year one of the substituted hostages for the ransom of the King sent to England, where he remained till 1427, when an order was issued for his liberation from the custody of the Prior of Durham. On 2 June 1430 he obtained from the King a letter of licence l to erect, at the Mote of Lochorwort, what has been authoritatively described as 'by far the finest of our castles built on the model of the keep.'2 Borthwick Castle superseded Oatcune as the principal residence of the family, but Catcune remained a possession for more than two centuries afterwards.3 It has been often stated that the Peerage was created in the person of this Sir William, but that he died a commoner, before 7 March 1449-50, is proved by the description of his daughter, Lady Dalkeith, in a Grown charter of confirmation, as * filia quondam Wilelmi de Borthwick de eodem militis.' 4 He is known to have had issue : — 1. WILLIAM, first Lord Borthwick. 2. Janet, married, first, as his second wife, to James Douglas, Lord of Dalkeith (whose first wife was the Princess Elizabeth, third daughter of Robert in.), and, secondly, to George Orichton, Earl of Caithness. 3. Margaret, married, first, to William de Abernethy,5 killed at Harlaw, 24 July 1411, and, secondly, after 9 December 1421, by Papal dispensation, to William de Douglas, her sister's stepson. I. SIR WILLIAM BORTHWICK, the third of Borthwick, had a letter of safe-conduct to pass through England, 9 June 1425, being, with the Bishops of Aberdeen and Dun- blane, and seven others, ambassador from Scotland to Rome. He is said to have been knighted at the baptism of Alexander and James, the twin sons of James I., in 1430. In a Crown charter of 4 December 1450 he is described as ' Wilelmus de Borthwic de eodem ' ; 6 he is designed as Lord Borthwick in two Crown charters of 1454,7 the one dated 21 July and the other 27 October ; and he sat as a Lord of Parliament under the title of LORD BORTHWICK, and sealed, as one 1 Eeg. Mag. Sig. 2 MacGibbon and Ross, i. 344. 3 Part. Reg. of Sas., Edin., 19 December 1663. 4 Eeg. Mag. Sig. 6 Robertson's Index, 167, No. 29. 6 Reg. Mag. Sig. 7 Innes, Scotch Legal Antiquities, 126 ; Eeg. Mag. Sig. BORTHWICK, LORD BORTHWIOK 97 of the barons, the instrument of forfeiture against James, ninth and last Earl of Douglas, on 17 June 1455.1 He must have been raised to the Peerage in the interval between 4 December 1450 and 21 July 1454. According to the Auchinleck Chronicle, a number of lords were 4 maid ' in the Parliament which began its sittings at Edinburgh 12 June 1452, including 4 The lord borthuik of that Ilk.'2 No instrument creating the dignity being extant, and a contrary descent not having been shown, the destination has been held to be to the heirs-male of the body of the grantee. In Parliament, 14 March 1457-58, the Chancellor, addressing himself to James, third Lord Dalkeith, who was about to marry the Princess Joan, sister of James n., stated that the King purposed to create him Earl of Morton, whereupon Lord Borthwick, on behalf of his sister Lady Dalkeith, represented that the lands of Morton heritably belonged to her ancf her son, and prayed that the King might do nothing to the prejudice of their rights. In answer the Chancellor explained that Lord Dalkeith was not to receive his title from Morton in Nithsdale, but from Morton in the territory of Caldercleir, of which declaration Lord Borthwick had a formal record preserved.3 In 1459, 1461, 1463, and 1464-65, William Lord Borthwick was engaged in diplomatic relations with England, but as the date of the death of the first Lord is unknown, it is impossible to say whether these missions ought to be assigned to him or to his son. His lordship had issue : 4 — 1. WILLIAM, second Lord Borthwick. 2. Margaret, married to Sir John Maxwell of Calderwood, before 4 December 1450.5 II. WILLIAM, second Lord Borthwick, appears to have been more than once ambassador to the English court, and had a safe-conduct as such on 7 August 1471 and again on 1 Acta Parl. Scot., ii. 77a. 2 Ms. of John Asloan, Ane schort memoriale, 127, print ed. Thomson, cir. 1818. 3 Suth. Addl. Case, 55 ; Macfarlane's Gen. Coll., ii. 288. 4 Sir Archibald Dundas of Dundas is said to have married Agnes, daughter of a William, Lord Borthwick (Dundas Letters, ed. Macleod, xvi. citing Martin's Collections). John Borthwick, whose descendants claimed the Peerage in 1774 and 1812, on the ground that he was a son of the first Lord Borthwick, acquired the lands of Crookston, Midlothian, by charter from Sir Alexander Ramsay of Dalwolsy, dated 17 July 1446. 6 Reg. Mag. Sig. as above, and 19 January 1477-78. VOL. II. G 98 BORTHWIOK, LORD BORTHWICK 24 August 1473. He was one of the Lords Auditors in 1467. On 21 November 1458 the first Lord obtained a gift under the Great Seal of the marriage of Mariota de Hoppringill of that Ilk, from which it has been reasonably inferred that she became the wife of his son, now under notice. James in. held Yule in 1473 at Edinburgh, and the Lady Borthwick is specially mentioned as one of those invited to share in the festivities.1 The second Lord died between 6 October 1483 and 7 February 1483-84,2 leaving issue :— 1. WILLIAM, third Lord Borthwick. 2. James, of Glengelt, 1467. Appointed to choose men to garrison Hume' and other castles, and to command in person at Hume, 1481.3 Left issue. 3. Sir Thomas, of Oolylaw, 1473, married Helen Ruther- furd, and by her had Alan, of Colylaw and Bourhouses, 1503.4 4. Alexander, living in 1495. III. WILLIAM, third Lord Borthwick, was knighted in his father's lifetime. On 20 September 1484 he was one of the guarantees of a treaty with England. He was one of the Lords Auditors in 1484 and 1485, and in the latter year Master of the Household to James in.5 He was witness to a charter by the King on 28 May 1488,6 a few days before His Majesty's death at Sauchie, and on the Committee of Causes 1488-91, 7 and the Council of James iv. and the Privy Council 1489.8 The charter alleged to have been granted by him on 5 December 1489, ' dilecto filio meo naturali Alexandro Borthwick et Margarete Lawson sponse sue,' and the precept and sasine following thereon, all mentioned in Douglas's Peerage, edited by Wood, ii. 653, and in Riddell's Inquiry into the Law and Practice in Scottish Peerages, 580, were annulled by the Court of Session, the precept on 9 June 1868 and the charter and sasine on 28 February 1871. He was one of the conservators of a treaty with England 30 September 1497 and 12 July 1 Lord Treasurer's Accounts, i. 46. 2 Minutes of Evidence on claim of Archibald Borthwick, 116. 3 Acta Parl. Scot., ii. 140. 4 Beg. Mag. Sig., 1 December 1503. 6 Exch. Rolls, ix. 298. 6 Acta Parl. Scot., vi. pt. ii. 230a. 7 Ibid., pt. ii. 212b, 224a, 229b. 8 Ibid., pt. ii. 215a, 220b. BORTHWIOK, LORD BORTHWICK 99 1499. Lord Borthwick died fifteen days before Pentecost 1503,1 having had issue : — 1. WILLIAM, fourth Lord Borthwick. 2. Adam, living 1496-1505.2 3. Alexander, of Nenthorn,3 and in Johnstonburn, who married Margaret Lawson (whom Douglas states to have been a daughter of Lawson of Humbie),4 and died before 17 August 1513, leaving : 5 — (1) William, first of Soltray6 and in Johnstonburn, who married Janet Sinclair, and died before 9 May 1541, leaving :— i. William, second of Soltray and in Johnstonburn, who died before May 1549, leaving :— (i) William, third of Soltray7 and of Johnston- burn. Married Katherine Creighton, and died in 1563. His wife survived him and married James Lawson.8 William Borthwick had issue : — a. William, fourth of Soltray9 and of John- stonburn. Forfeited his estates, 11 July 1604 (as having incurred the penal- ties of treason under the Act 1587, c. 50), for breaking into the house of 1 Retour in lands of Aberdour, 3 October 1503, Records of Sheriff Court of Aberdeen ; Lord Treasurer's Accounts, ii. 408. 2 Protocol Book of John Fowler. 3 Nenthorn was acquired by Sir William Borthwick from Wil- liam, Earl of Douglas, 15 May 1449, Fifth Rep. Hist. MSS. Com., App. 611. 4 Of this family, and of this period, was Marjory Lawson (Lady Glen- eagles), the 'fair Lady, freshe and gay' of Squyer William Meldrum, living in the pages of Sir David Lyndsay. 5 The male descent from Alex- ander Borthwick to Archibald Borthwick, 1808, and Cunninghame Borthwick, 1868, having been established on the claim of the latter, it has not been thought necessary to give here the references to the Minutes of Evidence. 6 Soltray or Soltra (pron. Soutra), in the county of Hadding- ton (now transferred to Midlothian), was long famous for its church and hospital, in connection with Trinity College, Edinburgh, and from the college the family held the estate. ' Broad Soltra's mountains ' form a feature of the landscape in Sir Walter Scott's ballad of 'Thomas the Rhymer.' The residence of the Borthwicks of Soltray for nearly two hundred years was at Johnstonburn in Haddingtonshire, and the other lands belonging to them in the sixteenth century were Nenthorn and Threeburnford in Berwickshire, Reidhall and Bissatslands in Haddington, and Nether Sheills, Sheillie and Campaslack, Nettlingflatt and Hanging- shaw in the county of Edinburgh. 7 In Letters of Reversion, 10 April 1563, Master David Borthwick of Lochhill describes William Borthwick of Soltray as his cousin (Laing Charters, 757). There is, however, nothing to show how the King's Advocate came into the pedigree. 8 Acts and Decreets, xlviii. 48. 9 Douglas says (but without giving his authority) that William Borthwick of Soltray was Chamberlain to Queen Mary and made a considerable figure in her reign. She had certainly a member of her household named Borthwick, but the identity is doubtful. 100 BORTHWICK, LORD BORTHWIOK James Scrymgeour of Fordell and steal- ing four horses, and for using and uttering false coin. Married Barbara Lawson, and died 24 January 1640, ' commending his soull into the hands of Jesus Chryst, his onlie Saviour.' He left :— (a) Colonel William, fifth of Soltray and of Johnstonburn, who appears to have recovered possession of the estates, subject to certain rights in favour of his father. In , the service of Gustavus Adolphus at the time of the battle of Lutzen, 1632,1 and abroad at a later period, his affairs in Scotland being managed by his brother Alex- ander. He married Janet Lies, and died before January 1663, leaving : — a. Major WILLIAM of Johnston- burn, de jure eleventh LORD BORTHWICK. Married at Dud- dingston,2 28 April 1665, Marion Moorehead, and died between 1687 and 28 June 1690. There is built into the garden wall at Johnstonburn a monu- ment, probably removed from Humbie churchyard, bearing a coat of arms and this epitaph, commemorating a member of the family whose identity is un- certain : 3 — * Here lyes interr'd within this pile of ston A Borthwick bold. Scarce left he such a one : Treu to his God and loyal to his king, Ane galand man, and just in everything.' Major Borthwick had issue : — a. Colonel WILLIAM of John- stonburn, de jure twelfth LORD BORTHWICK, baptized 8 February 1666.4 Married 1 Douglas, 1764, p. 79 ; Monro's Expedition, 102. 2 Parish Register of Humbie. 3 According to Douglas, Major Borthwick raised a company in support of Charles I. The fact maybe, either that it was he who took part in the Civil War, or that his father came home for a time to do so. A Colonel William Borthwick was made prisoner at Worcester, 1651, but appearances point to his having been of a different family. 4 Parish Register of Humbie, and so for baptisms of his brothers and sisters. BOBTHWIOK, LORD BORTHWICK 101 Jean, daughter of Robert Ker of Kersland.1 He en- tered the Cameronian Regi- ment as captain on its for- mation in 1689, and was wounded at Dunkeld 2 and at Blenheim,3 and killed at Ramillies,4 23 May 1706. Left no issue. /3. David, baptized 27 October 1675, predeceased William without issue. y. Walter, predeceased Wil- liam, without issue. d. Robert, baptized 7 June 1687, predeceased William, without issue. t. Barbara, baptized 9 May 1677; married, June 1702, to William Borthwick of Fala- hill. Survived her eldest brother, and left issue.5 £. Helen, baptized 3 July 1678 ; died early. 77. Isabel, baptized 13 May 1683 ; died early. 6. Katherine, baptized 8 June 1685. Survived her eldest brother. t. Marion, died early. (6) Alexander, successively in John- stonburn, Gilchriston, and Salt- coats (Haddington). Married Sibilla (who died in 1650), daughter of William Cairnes of Pilmuir, and had issue :— a. William, of Pilmuir and Mayshiell,6 chirurgeon in Edinburgh. Surgeon to Earl of Mar's Regiment, 31 Jan- uary 1684, and Surgeon Major of the Forces in Scotland, 24 1 Robertson's Ayrshire Families, ii. 294. 2 Crichton's Blackader, 97. 3 Ferguson's Scots Brigade, ii. 23. 4 Lieut.-Col. Blackader, writing to his wife of the victory at Ramillies, says, ' What puts water in my wine- cup is that poor Colonel Borthwick was killed that day, behaving like a gallant man. We buried him yesterday at his colours ' (Crichton's Life, 278). * In the evening . . . laid in the bed of honor ' (The Remembrance, Scot. Hist. Soc., xxxviii. 382). 5 Her descendant, Mrs. Anne Jane Mower (nee Steuart), gave evidence at the bar of the House of Lords, in the Borthwick case, on 12 July 1869. 6 He bore, argent, a heart proper betwixt three cinquefoils sable ; crest, an eagle rousant proper ; motto, Nee deerit opera dextra (Lyon Register, 1673-78). 102 BORTHWIOK, LORD BORTHWIOK March 1686. 1 Married, first, January 1666, Marion, eldest daughter of James Borthwick of Stow. She died March 1676, and by her he had (be- sides other children who died young) : — (a) Mary, married to Sir Alexander Livingston of Glentirran. (j3) Margaret, married, Jan- uary 1698, to John Camp- bell of Knockreoch. He married, secondly, Octo- ber 1677, Marjorie, youngest daughter of Harie Steuart, brother of Sir Thomas Steuart of Grantully, by whom he had:— (y) Captain HENRY of Pil- muir, de jure thirteenth LORD BORTHWICK. He received from Queen Anne, 12 May 1702, his commission in the Cam- eronians, then in Holland. Mortally wounded at Ramillies,2 23 May 1706, and died on the 27.3 His four days' survival of his kinsman, Col. William of Johnstonburn, placed him in right of the Peerage for that period. He mar- ried Mary, daughter of Sir Robert Pringle of Stitchill, Bart., and left issue :— A. WILLIAM, of Pilmuir, dejure fourteenth LORD BORTHWICK, who died before 28 November 1723, without issue. B. HENRY, of Mayshiell, fifteenth LORD BORTH- WICK. William Borthwick, chir- 1 Laing Charters, 2822, 2840. 2 Blackader says, ' We advanced and made our dispositions to attack, and whenever we came near enough they cannonaded us furiously all the time we were advancing. We had here about twenty men killed and wounded. Poor Harry Borthwick was the first, and had his leg shot off by a cannon ball,' (Life, 276). 3 Retour of his son Henry, 7 April 1724. BORTHWICK, LORD BORTHWIOK 103 urgeon, married, thirdly, 1682, Euphame Young, and died in July 1689. /3. Alexander, died, without issue, before 1689. y. John, baptized 30 July 1648; died early. 8. Adam, died, without issue, before 1689. €. Thomas, in Saltcoats ; died, November 1672, without issue. £. Agnes, married, 22 June 1654, to George Pringle, brother to James Hoppringle of that Ilk. 77. Sibilla, baptized 7 July 1650. b. Alexander, in Reidhall, afterwards of Sauchnell, died before 24 January 1640, leaving :— (a) Andrew, of Sauchnell, M.A. (Edin.), 1623, who married Margaret Turnbull, and had : — a. Charles, of Sauchnell, writer in Edinburgh, born about 1638; died, 15 May 1718, without issue. 0. Archibald, M.A. (Edin.), 1659; minister of Greenlaw, 1693; chaplain to Lord Pol- war th's Dragoons, 1708; and minister of Polwarth, 1709. ] By his first marriage he had : (a) PATRICK, in Castle- steads, merchant in Leith, de jure sixteenth LORD BORTHWICK. Married Marion Scott, and died, 6 October 1772, having had an only child, A. ARCHIBALD, merchant at Christiansand, after- wards banker in Edin- burgh, de jure seven- teenth LORD BORTH- WICK, born 13 May 1732. 2 Married, April 1777, Margaret Nicolson, daughter of James Scott, C.S., who died 8 Decem- ber 1833. Claimed the Peerage in 1808; served heir-male of Henry, Lord 1 Scott's Fasti, i. 416, 423. 2 Parish Register of Inveresk. 104 BORTHWIOK, LORD BORTHWICK Borthwick, 29 January 1810; and died 13 July 1815, having had eight children, of whom the following attained ma- jority :— (A) PATRICK, merchant in Leith, afterwards manager of the Na- tional Bank of Scot- land, de jure eigh- teenth LORD BORTH- WICK. His portrait, a three - quarter length, hangs in the board-room of the Bank. Born 12 Sep- tember 1779; married, 13 November 1804, Ariana, second daughter of Cunning- ham Corbett,1 mer- chant in Glasgow, son of John Corbett of Tolcross, who died 30 December 1836. Claimed the Peerage in 1816, and died 12 April 1840, having had:- AA. ARCHIBALD, C.A., de jure nine- teenth LORD BORTHWICK, born 31 August 1811. Head of the firm of Borthwick and Raleigh, after- wards Borthwick, Howden, and Mol- leson. Married, September 1840, Mary Louisa, daughter of John Home - Home of Longf ormacus, who died 22 No- vember 1868. He died 3 July 1863, having had :— (A A) Patrick, born 23 February 1843, 1 Mr. Corbett privately printed The Families of Boyds of Kilmamock Porterfields of Porterfield, and Corbetts of Tolcross, Glasgow, 1816, 4to. BORTHWICK, LORD BORTHWIOK 105 died 26 January 1844. (BB) John Home, born 25 October 1847, died 19 December 1848. (cc) Louisa Ham- say, married, 3 Junel873,Lieut.- CoLHenryPhilip Miles Wylie. (DD) Ariana, born 10 August 1844, died 22 Decem- ber 1867. (EE) Margaret Scott, born 10 December 1849, died 10 April 1858. (FF) Mary Cathe- Q rine, married to William George Spens, Secretary of the Scottish Amicable Life Assurance So- ciety, and has issue. BB. CUNNINGHAME, twentieth LORD BOBTHWICK. cc. Thomas Scott, born 14 July 1817, died, unmarried, 22 April 1839. DD. Marion, born 28 October 1805, died 22 December 1828. EE. Margaret, born 3 September 1807, married 28 Sep- tember 1832, to Nathaniel Gordon Corbett, R.N. FF. Ariana, born 14 January 1810, died 20 October 1833. (B) James, manager of the North British In- surance Company, born 25 August 1782, died 9 October 1866. Married Sarah, 106 BOBTHWICK, LORD BORTHWIOK daughter of Rev. William Finlay, minister of Polmont, who died 19 April 1862. He had issue:— AA. Archibald, born 30 July 1816, died 16 August 1830. BB. Jane Laurie, hymnwriter under the pseudonym M.L.L., born 9 April 1813, died 7 September 1897. cc. Margaret, born 12 December 1814, died 28 September 1819. DD. Grace Laurie, born 1817, died 10 July 1842. EE. Anne, born 23 February 1821, died 10 March 1901. FP. Margaret (the second), born 1822, died 10 August 1903. GG. Sarah Laurie, born 1824, married to Rev. Eric J. Findlater, F.C., Balquhidder, and has issue. HH. Rachel, died 28 June 1852. ii. Jemima, born 1830, died 10 Janu- ary 1854. Jj. Mary Laurie, born 1831, died 8 April 1853. (c) Margaret, married to Rev. Prof. H. D. Hill, and died De- cember 1814, leaving issue. (D) Anne, married, May 1817, to Captain R. Clephane, R.N., son of Clephane of Carslogie, and died 19 July 1861. (E) Rachel, died 28 De- cember 1876. (/3) Elizabeth, married to BORTHWIOK, LORD BORTHWIOK 107 Robert Davidson of March - cleuch. Rev. Archibald Borthwick married, secondly, 17 January 1701, Katheriiie, daughter of James Lawson of Cairns- muir, by whom he had :— (y) Barbara, baptized 9 Sep- tember 1703, married to Patrick Hepburn, writer, Edinburgh. (8) Katherine, died early. He died in March 1727. (6) Walter, merchant in Edinburgh, died before 23 September 1676, without issue.1 c. Margaret.2 d. Christian.3 (ii) Robert, who acquired the lands of Threeburn- ford, 14 November 1565.4 ii. Master ^George, party to a contract 9 January 1556.5 iii. James, witness to the same. 4. Agnes, married, in or before 1489, to Sir David Kennedy, afterwards first Earl of Oassillis. 5. Catherine, married to William, Earl of Glencairn. 6. Mary, married to James Hoppringle of Galashiels. 7. Margaret, married to Sir Oliver Sinclair of Roslin.6 IV. WILLIAM, fourth Lord Borthwick, married, in 1491, Margaret, daughter of John, Lord Hay of Yester. That he was addicted to the sport of hawking is evidenced by pay- ments made to his falconer in 1504 and 1505, by command of James iv.,7 who has a hawk on his hand in a well-known por- trait. He was one of those warned of the embassy of Pope Julius in 1507.8 There is no known charter or record evidence of the death of a Lord Borthwick between this time and 1543, but the name occurs as that of one of the ' sondry noble- men of the scottes slayne at the sayde batayle and felde called Brainston moore ' (i.e. Flodden, 9 September 1513), in 1 General Retours, 5934. 2 Edin. Tests., vol. iii. 3 Ibid. 4 Reg. Mag. Sig., 24 November 1569. 5 Reg. of Deeds, vol. ii., 12 January 1556. 6 In the arguments between Arran and Lennox touching the right to the Crown, the latter states that it was Catherine Borthwick who married Sir Oliver Sinclair, and that she had been previously married to Sir Thomas Hay, (Cal. of Scot. Papers, i. 691). Douglas has been followed in the text. 7 Lord Treasurer's Accounts, ii. 470 ; iii. 161. 8 Ibid., iii. 377. 108 BORTHWIOK, LORD BORTHWIOK the contemporary black-letter tract,1 giving an account of the battle; and the fact of the death of a Lord Borth- wick at Flodden has, rightly or wrongly, been hitherto accepted by the historians generally. The poem of Floddan Field, 1664, has it that he 'upon the bent did breathless bide,' but he may have recovered. It has been thought probable that this is the lord whose effigy, with that of his lady, lies in Borthwick Church. The figures are in white marble, now much darkened by time.2 On the assumption of the death of a Lord Borthwick in 1513, his successor was V. WILLIAM, fifth Lord Borthwick, to whom was in- trusted, after the battle of Flodden, the castle of Stirling, with the custody of the infant monarch, James v. He appended his seal to the treaty between England and Scotland 7 October 1517. He was guardian of the King's person from May to September 1517,3 and again one of the guardians from 1518 to 1522.4 He was with the King (in Edinburgh Castle) in 1524,5 and in 1525.6 He died be- tween 28 May 1543 and 19 February 1543-44,7 having had issue : — 1. Thomas,* Master of Borthwick, married Mariot, daughter of George, Lord Seton, and died in his father's lifetime, after 28 November 1528, without issue. His widow married, secondly, February 1530- 31, Hugh, Earl of Eglinton. 2. JOHN, sixth Lord Borthwick. 3. Catherine, married to Sir James Crichton of Fren- draught. 4. Janet, married to Alexander Lauder of Hatton (or Haltoun). 1 'Hereafter ensue the trewe encountre or Batayle.' 'Emprynted by me Kicharde Faques dwellyng In poulys churchyerde.' Faques printed between 1509 and 1530. 2 Brydall in Proc. ofSoc. of Scot. Antiq., xxix. (1894-95) 402. In 1794 the effigies are said to have had ' numbers of little elegant human figures around them ' which have now disappeared. Statistical Account, xiii. 635. 3 Exch. Rolls, xiv. 285. 4 Ibid., 458. His seal attached to Precept of Sasine, 26 September 1522, shows on a shield couche three cinquefoils, two and one ; supporters, two lions sejant ; crest a horse's (dragon's) head and neck. Twelfth Rep. Hist. MSS. Com,., App. viii. 145. 5 Exch. Rolls, xv. 90. 6 Ibid., 199. 7 Protocol Book of Andrew Brownhill, Edinburgh. 8 Pitcairn, i. 242*. Seton's History of the Family of Seton, 112, names him Arthur. BORTHWICK, LORD BORTHWIOK 109 5. Margaret, married to Sir John Borthwick of Cineray, the Reformer. They had a charter from her father on 16 September 1538 of the lands of Borthwickbrae, in the county of Selkirk.1 Sir John married, secondly, in 1556, at Geneva, Jane Bonespoir of Britagne,2 and died before 9 December 1570, when William Borth- wick, his son and heir, presumably by the first marriage, was one of those called to the succession to the Borthwick estates.3 VI. JOHN, sixth Lord Borthwick, married Isobell, eldest daughter of David Lindsay, eighth Earl of Crawford. He was one of the supporters of James, Earl of Arran, in his contest with the queen-mother, Mary of Lorraine, for the regency, and on St. Cuthbert's Day (4 September) 1544 he was seized by Sir George Douglas and detained in Dalkeith Castle. Laciy Borthwick retaliated, on 16 Sep- tember, by imprisoning Patrick, Earl of Bothwell, who was acting in the opposite interest, at Borthwick, until her husband was released.4 Lord Eure, writing to Shrews- bury, says that Bothwell, 'bicause the Lady Borthyke was faire, he came to hir for love, but she made hyme to be handled and kepte,'5 and Wharton gives the same story with more elaboration.6 Lord Borthwick took part in the battle of Ancrum Moor in March 1544-45.7 He was a member of the Privy Council in 1545 and subsequent years, and on 24 July 1547 he was appointed to hold Hailes Castle against the English and the Earl of Bothwell.8 In the same year, William Langlands, a macer of the See of St. Andrews, who had come to Borthwick in connection 1 Acts and Decreets, xxvii. f. 319. Principal Lee (Bannatyne Miscell. i. 253) speaks of Sir John as one of the sons of Lord Borthwick, relying on the position of his name in the settlement of the Borthwick estates in 1538. The families of Gordonshall, Crookston, Fenton, Glengelt, Soltray, Ballincrieff, and Princado are included in the succession to the estates at the same time or subsequently. Gawin Borthwick of Fenton was the illegitimate son of one of the Lords, legitimated by charter, 11 November 1537, and Robert Borthwick, the first of Ballincrieff, was the founder and master of artillery to James iv. and James v. Hay, writing in 1577, mentions Sir John of Cineray merely as being ' of that surname ' (Esti- mate of the Scottish Nobility, ed. Rogers, 21). David Laing (Knox, i. 533) follows Dr. Lee. 2 Livre Des Anglois, ed. Mitchell, 14. 3 Reg. Mag. Sig., 23 October 1571. 4 Diurnal of Occurrents, 35. 5 The Hamilton Papers, ii. 466. 6 Ibid., 469-470. 7 Ibid., 567. 8 Reg. of Privy Council, i. 81. 110 BORTHWICK, LORD BORTHWICK with the publication of letters of excommunication which had passed against his lordship in a process in which he was involved, was subjected to rough treatment at the hands of an Abbot of Unreason who happened at the time to be exercising his unlawful but popular functions at the castle.1 On 27 November 1547 Lord Borthwick is reported as inconstant and changing as the Governor pleases,2 and on 10 November 1559 as being one of the three noblemen with the Queen-Dowager.3 In 1560 he was Keeper of Liddesdale.4 When the Confession of (the reformed) Faith was read in Parliament, and put to the vote, the Earl of Atholl and the Lords Somervell and Borthwick alone of the laity dissented, saying they would believe as their fathers before them had believed.5 Queen Mary visited Lord Borthwick at the castle on 12 January 1561-62,6 and again on 28 August 1563.7 He died in March 1566,8 leaving issue : — 1. WILLIAM, seventh Lord Borthwick. 2. Mariota (Marion), married to Andrew Hoppringle of Galashiels. 3. Isobell, married, first, to Thomas Davidson (styled of Hedderwick), burgess of Edinburgh ; secondly, to William Hart, advocate in Edinburgh.9 4. Margaret, married to Patrick Hepburn, parson of Kinoir.10 Lady Borthwick was married, secondly, to George Preston, sometime of Cameron, son of George Preston of Graig- millar, and died on 15 November 1577.11 VII. WILLIAM, seventh Lord Borthwick, succeeded to the title shortly before the marriage of Mary, Queen of Scots, to James, Earl of Bothwell, who was his immediate neigh- bour at Crichton, and probably his senior by some years.12 1 Scott, Notes to The Abbot, citing the Consistory Register of St. Andrews. 2 Cal. of State Papers (1547-1603), 44. 3 Ibid. , 261, 262. * Ibid. , 499. 6 Knox, Spottiswoode, under date. But see Randolph to Cecil, Laing's Knox, vi. 117. 6 Cal. of State Papers (1547-1603), i. 590. 7 Roll of Expenses of the Queen's Equerries. 8 Edin. Tests., vol. vii. His seal, attached to Precept of Sasine, 11 February 1555-56, shows three cinquef oils on shield, no supporters or crest. Twelfth Rep. Hist. MSS. Com. , App. viii. 145. 9 Acts and Decreets, xxxv. f. 467. 10 Reg. of Deeds, ix. f . 76. n Edin. Tests., vol. viii. 12 In October 1547 the Governor attended the christening of ' the Lorde Borthweke's sonne.' Cal. of State Papers, 1547-1603, i. 34. BORTHWICK, LORD BORTHWIOK 111 There is nothing to show whether or not he personally re- ceived the Queen and her husband on their arrival at Borth- wick Castle ; but it is clear he was one of Mary's most devoted adherents, and this, in the eyes of many, will atone for much else in his life. He was among those who met her at Hamilton l after her escape from Lochleven, and he was with her on the field of Langside.2 In 1570 he was counted as one of the effective heads of the Marian faction.3 His wife was Grissel, eldest daughter of Sir Walter Scott of Branxholm, who, on 24 September 1578, set forth, in the course of a complaint, that ' Scho, being lauchfullie mareit with Williame Lord Borthuik hir spous, continewit with him in the mutuall societie and band of matrimony this lang tyme bipast, having borne unto him in the menetyme sevin bairnis yit on life. Nochtwithstanding, he, being instigat be Sathan, not onlie abstractit his cumpany and societie fra hir, bot als delt vertay unkyndlie with hir, in geving hir mony injurious wordis, stryking and dinging of her to the effusioun of hir blude in greit quantitie, without feir of God, petie or compassioun of her estait, being than greit with chyld.'4 The Privy Council took a good deal of trouble, from time to time, in trying to adjust the relations of the unhappy pair.5 Lord Borthwick is characterised by a contemporary as 'of yll gouerne- ment/ and as having 'greately decayed' his ancient name and house.6 He died in the Canongate of Edinburgh in October 1582,7 'of the Frenche decease,' says the 1 Spottiswoode, under date. 2 Cal. of Scot. Papers, ii. 403. 3 P. C. Reg., xiv. 43. 4 Ibid., iii. 34. 5 Ibid., 54, 108, 204, 251, 328, 402, 467. Very serious charges and counter charges were the outcome of their matrimonial differences. Pitcairn, i. pt. 2, 83. 6 State of the Nobility, 1583, etc., Bannatyne MiscelL, i. 68. The territorial possessions of the Lords Borthwick in the fifteenth and sixteenth centuries included, in property or superiority, Borthwick and Thoftcotys (Hoscoat) in Selkirk- shire ; Lochorwart and Borthwick Castle, Little Lochorwart, Hagbrae, Middleton, Heriot and Heriotmuir, Weddale, Criblaw, Over Shiels, Luggats, Printatoun, Gilmertoun, Fernieherst, Garwald, Howlatstown, Comlerigg, Cheslie, Stow and Buteland, all in Lothian ; Ligertwood, Nenthorn, Glengelt, Colilaw, and Bourhouses, in Berwickshire ; Aberdour in Aberdeenshire ; Hyndford in Lanarkshire ; and Little Ormistoun, Whitefield and Hethpule, in the county of Peebles. Their Edinburgh house was in Borthwick's Close, running from the south side of the High Street to the Cowgate. They had also property within the burgh of Peebles, as to which see Renwick's Peebles during the Reign of Queen Mary. 7 Edinburgh Tests., vol. xiii. 112 BORTHWIOK, LORD BOBTHWIOK chronicler just cited. Of his numerous children there are known : — 1. William, Master of Borthwick, who died 17 March 1570-71, in the lifetime of his father. 2. JAMES, eighth Lord Borthwick. 3. William (the second), Tutor of Borthwick (i.e. of John, ninth Lord), married Agnes, daughter of William Borthwick of Orookston.1 4. Captain John, named in 1593 in a charter by his brother James, and on 15 January 1601 in a charter by his brother William.2 5. Alexander. Lady Borthwick was married, secondly, to Walter Cairn- cross in Lugatt, son of John Cairncross of Oolmslie. VIII. JAMES, eighth Lord Borthwick, was born 24 June 1570,3 and married, while yet 4 a childe,'4 in 1582, to Margaret, eldest daughter of William, Lord Hay of Tester. Perhaps as the result of an imperfect upbringing, due to the cir- cumstances of his parents' domestic life, he and his brothers have rather an unsatisfactory record. In 1588-89 security is found for Lord Borthwick that Mr. William Hart (his uncle-in-law) his wife, bairns, and servants shall be harm- less of his lordship, and also that the said Lord, on being released from Edinburgh Castle, shall keep ward in the burgh of Edinburgh till he present Robert alias Hobbe Diksoun, page, before the King and Council, and obtain the King's licence for his liberty.5 In January 1595-96 there was a riot against the Provost and Bailies of Edinburgh * in their convoy and taking to warde ' of his lordship.6 Complaints of violence, molestation, and oppression were made against members of the family in 1599, 1601, and 1602,7 and in 1603 there is trace of a charge of murder against William and John.8 A lighter accusation against the Tutor of Borthwick and his brothers was that of sending a chal- lenge to William Sinclair of Roslin, in February 1600. Lord Borthwick is classed as a Protestant in 1592,9 and in 1594 and 1595-96 he was a member of the Privy Council. He died 1 Laing Charters, 2096. 2 Ibid., 1255, 1256, 1414. 3 Extract Act of Curatory, Venlaw Papers. 4 State of Nobility, as above. 6 P. C. Reg., iv. 362. 6 Pitcairn, i. 353-354 ; P. C. Reg., v. 260. 7 Ibid., vi. 64, 241, 438, 851. 8 Pitcairn, ii. 423. 9 Present State of Nobility. BORTHWTCK, LORD BORTHWIOK 113 in December 1599, having 'said all,' according to John Oolville.1 He left issue : — 1. JOHN, ninth Lord Borthwick. 2. James, styled in 1621 2 only brother-german of John, Lord Borthwick, who on 22 April 1624 made a dis- position of his rights to the lordship of Borthwick, if it should fall to him by the death of his nephews John and James. IX. JOHN, ninth Lord Borthwick. Despite the extra- vagances of his grandfather and father, he inherited portions of the family estates, which were perhaps beyond their powers of alienation. In his boyhood he was subject to the guardianship of his uncle William,3 and in 1617 he was under interdiction.4 He died a comparatively young man, in Nov- ember 1623.5 It is sad to find, on 28 August 1628, that the Lords of Privy Council having superseded the execution of a poor woman named Meg Unes till she should be more narrowly tried on a charge of witchcraft, now there are many 'cleere and pregnant presumptiouns that she had beene accessorie to the death of the lait Lord Borthuick.' 6 He married Lilias Kerr, fifth daughter of Mark, first Earl of Lothian, who died on 10 July 1659,7 by whom he had issue : — 1. JOHN, tenth Lord Borthwick. 2. James, described as a son of the late John, Lord Borthwick, in 1624, in a writ by his uncle James.8 He probably died without issue. 3. Margaret, baptized 11 August 1617,9 married to Robert Dundas of Harvieston, second son of Sir James Dundas of Arniston, and had issue : — John Dundas of Harvieston, who became heir to his uncle, John, tenth Lord Borthwick. X. JOHN, tenth Lord Borthwick, was born at Preston- grange, the seat of his grandfather, the Earl of Lothian, 9 February 1616. Lord Borthwick protested for precedence 1 Colville's Letters, ed. Laing, Bann. Club, 352. 2 Register of Inhibitions, 14 December 1621, 2nd ser., f . 19. 3 Pitcairn, ii. 423. 4 Douglas, ed. Wood, ii. 656. 5 Edinburgh Tests., vol. lii. 6 Supplication of James Borthwick of Newbyres, P. C. Reg., 2nd ser. ii. 442. 7 Edinburgh Tests., vol. Ixxi. 8 Gen. Reg. of Inhibitions, 1st ser., vol. 44, fol. 118. 9 Canongate Register. VOL. II. H 114 BORTHWICK, LORD BORTHWIOK in 1641, 1643, 1645, 1649, 1650, and 1661,1 and was a member of various committees and commissions. On 9 January 1647 his mother and he petitioned Parliament for protection to Robert Pringle of Blindlie that he might appear and give evidence as to the possession of ' the chartar kist and haill evidentis of the nous and estate of Borthuik.' 2 He was the recipient of a summons, dated at Edinburgh, 18 November 1650, which has been several times printed,3 but which cannot be omitted here : — To the Governor of Borthwick Castle : These SIR, — I thought fitt to send this trumpet to you, to lett you know that, if you please to walk away with your Company, and deliver the house to such as I shall send to receive it, you shall have liberty to carry off your armes and goods, and such other necessaries as you have. You have harboured such parties in your house as have basely [and] unhumanely murdered our men ; if you necessitate me to bend my cannon against you, you must expect what I doubt you will not be pleased with. I expect your present answer, and rest your servant, O. CROMWELL/ He appears afterwards to have given cause of offence to the Royalist party, and he was excepted from the Act of Indemnity of Charles n. in 1662, so far as to suffer a fine of £2400 Scots.5 In 1656 he had trouble in recovering possession of certain of his title-deeds lodged by him in a suit in 1649, and put into Edinburgh Castle.6 Lord Borth- wick married, 23 August 1649, Elizabeth Kerr (born 6 September 1633), second daughter of William, third Earl of Lothian, and, dying between 13 March 1674 and 27 Novem- ber 1675, without surviving issue, he was succeeded in 1 Ada Parl. Scot., v. and vi. passim. 2 Acta Parl. Scot., vi. 653. 3 First in the Stat. Account, xiii. 1794, 635, from the original, then in the hands of Mr. Hepburn of Clerkington. 4 Carlyle naturally chuckles over the capitulation: 'The Governor of Borthwick Castle, Lord Borthwick of that Ilk, did as he was bidden, walked away with movable goods, with wife and child, and had fifteen days allowed him to pack, whereby the Dalkeith region and Carlisle Road is a little quieter henceforth ' (Letters and Speeches of Cromwell, Letter clii.). Instead of 'wife and child' Douglas and the Stat. Account have * his Lady and family.' 5 Acta Parl. Scot., vii. 421. 6 Cal. of State Papers, Dom. 1655-56 passim. BORTHWIOK, LORD BORTHWIOK 115 what remained of the family property * by his sister's son, John Dundas of Harvieston. On the death of John, tenth Lord Borthwick, all the male issue of William, the fourth Lord, became extinct, and the Peerage of right descended to Major William Borthwick of Johnstonburn, the head of the Soltray branch, and the then heir-male of the body of Alexander of Nenthorn, a younger son of William, the third Lord Borthwick. Neither he nor his son, Colonel William Borthwick of Johnstonburn, 4 would ever be prevailed on to take the title : their maxim was that a title without a suitable fortune was not eligible.' 2 Upon the death of the Colonel, followed immediately by that of Captain Henry Borthwick of Pilmuir, the succession opened, in 1706, to the latter's elder son, William Borth- wick of Pilmuir, on whose decease the right devolved upon his brother, XI. HENRY, fifteenth Lord Borthwick, and eleventh in possession of the dignity. He came of age between 1720 and 1725, and shortly afterwards insisted upon his right to the Peerage. He voted as Lord Borthwick at the General Election of Representative Peers on 4 June 1734, and con- tinued to vote at subsequent Elections up to that of 1761. He was served heir-male in general to John, tenth Lord Borthwick, on 8 March 1750. On 14 December 1761 the House of Lords, on the report of the Committee for Privi- leges as to the Scottish Peerages existing at the Union and still continuing, ordered that the claimants of the Peerages of Borthwick and Kirkcudbright should not take upon themselves the respective titles until their claims should be allowed in due course of law. In consequence of this order, Henry Borthwick presented a petition to the King claiming the Peerage, and, on 8 April 1762, the House of Lords resolved and adjudged that he had a right to the title, honour, and dignity of LORD BORTHWIOK as heir- male of the body of the first Lord Borthwick. He made a protest for precedence in 1763. Lord Borthwick married 1 Borthwick Castle passed by purchase to the Dalrymples, and from them to the Hepburns and the Mitchelsons of Middleton. On 5 June 1812 it was bought at a public sale by John Borthwick of Crookston, in whose family it has since remained. 2 Letter of William Steuart, Advo- cate, 1 May 1773. 116 BORTHWICK, LORD BORTHWICK at Edinburgh, 5 March 1770, Margaret, daughter of George Drummond of Broich, and died, without issue, at Newcastle, on his way to London, 6 September 1772. Lady Borthwick, who had a pension on the Civil List, resided latterly at Muthill, Perthshire, and died between 8 October 1810 and 23 April 1812. With Henry, fifteenth Lord Borthwick, the male issue of William, the fourth of Soltray, failed, and the right to the Peerage devolved upon Patrick Borthwick, merchant in Leith, as heir-male of the body of Alexander Borthwick of Sauchnell, the younger son of William, the third of Soltray. Patrick Borthwick survived his kinsman only a month, and the right to the Peerage descended to his son, Archibald Borthwick, then resident in Norway. In 1774 John Borth- wick of Orookston, during the absence of Archibald Borth- wick, claimed the Peerage, on the allegation that by the death of Henry all the male issue of William, second Lord Borthwick, had become extinct, and that he, the claimant, was descended from John Borthwick, whom he stated to have been the second son of the first Lord. In the course of the proceedings before the Lords' Committee for Privi- leges upon the claim, the Lord Advocate 'acquainted the Committee that he suspected that a Charter in 1446 and a Letter of Reversion in 1458 had been altered since the execution of the same.' These two deeds and three others were subjected to examination by experts, and, on 26 November 1776, the House of Lords ordered that the claimant 'do not presume to take upon himself the said Title and Dignity until his claim shall have been allowed in due course of law.' In 1808 Archibald Borthwick, who had in the meantime returned to Scotland, formally claimed the Peerage, and in 1809 John Borthwick of Crookston, eldest surviving son of the claimant of 1774, appeared as an objector, .and in 1812 claimed the Peerage for himself. He took up the position, not that the male issue of William, second Lord Borthwick, was extinguished, but that Alexander Borthwick of Nen- thorn, the common ancestor of Henry, Lord Borthwick, and of Archibald Borthwick, was not the legitimate but the illegitimate son of William, third Lord Borthwick, and that BORTHWICK, LORD BORTHWICK 117 consequently the House of Lords had made a mistake in admitting Henry to the Peerage in 1762. In support of this contention he relied chiefly, but not entirely, upon the three deeds already mentioned, purporting to be dated in 1489, in which Alexander Borthwick was described as the natural son (filius naturalis) of his father. The House of Lords found itself in a position of unusual difficulty in having to decide whether it would or would not receive evidence calling in question a previous decision of its own, and had to devise a means of escape. By reason of the confusion caused by the existence of so many Williams as successive heads of the Soltray branch, Henry, Lord Borthwick, in giving his pedigree, had understated the number of generations, and Archibald Borthwick, in the light of subsequent investigation, was obliged to supply the links that had been omitted by his predecessor. On the ground that Archibald proposed to ' falsify ' (by correction or amplification) the pedigree under which Henry, Lord Borthwick, claimed and obtained the Peerage, and had so disqualified himself from claiming the benefit of the previous judgment, the House allowed evidence to be received on the lines of Crookston's allegation. Archibald Borthwick's death occurred while the proceedings were still pending, and beyond the substitution of his son, Patrick Borthwick, in his place at the bar of the House, no further steps were taken on either side. On the death of Patrick Borthwick, the right to the Peerage descended to his eldest son, Archibald Borthwick, on whose decease, without surviv- ing male issue, it devolved upon his brother, XII. CUNNINGHAME, twentieth Lord Borthwick, and twelfth in possession of the title. He was born on 6 June 1813, and educated at the High School of Edinburgh, leaving the rector's (Dr. Carson's) class in 1829. Originally intended for the law, he was for a short time in an office of writers to the signet, but not liking the profession he entered a Leith counting-room, and was afterwards in business for some time in Leith and in Glasgow. Remov- ing to London in 1853, he founded the firm known later as Borthwick, Wark, and Co., of the Stock Exchange, from which he retired in 1877. In 1868 he presented a petition 118 BORTHWIOK, LORD BORTHWIOK to Queen Victoria, claiming the Peerage, and in the case which he in due course submitted to the House of Lords he expressed his trust that the House would advise Her Majesty 'that the judgment given in favour of Henry, Lord Borthwick, was a righteous judgment, and that it has been wholly unimpeached by the evidence brought forward to controvert it, and that the petitioner is entitled to the full benefit of it, and has established his right to the dignity so long held by his ancestors.' John Borthwick of Orookston, grandson of the claimant of 1812, who had, in the news- papers and elsewhere, asserted a claim to the title, declined to come forward, and the three deeds purporting to be of 1489, and also two documents which had been founded on in support of the claim formerly put forward by the Orook- ston family, were, in absence, annulled by the Court of Session. The House of Lords, however, refused to enter upon the question of the authenticity of the alleged deeds of 1489, holding that, even if genuine, they did not bear the construction which had been imputed to them ; and on 5 May 1870 the House resolved and adjudged that the petitioner had a right to the title, honour, and dignity of LORD BORTHWIOK, as heir-male of the body of William, the first Lord Borthwick, who sat in the Parliament of Scot- land as Lord Borthwick in the year 1455. Lord Borthwick made a protest for precedency at Holyrood on 4 August 1870, and in the following year presented to the House of Lords a petition and case on the same subject. Counsel was heard and witnesses examined before the Committee for Privileges on 23 June 1871, when the hearing was adjourned sine die, and no further proceedings have taken place. Lord Borthwick acquired the estate of Raven- stone, Wigtownshire, in 1874, and was appointed a Deputy- Lieutenant of that county in 1882. He was elected a Repre- sentative Peer in 1880, and died 24 December 1885. He married, 18 July 1865, Harriet Alice, eldest daughter of Thomas Hermitage Day of Frindsbury, Rochester, Kent, and had issue : — 1. ARCHIBALD PATRICK THOMAS, twenty - first Lord Borthwick. 2. Gabrielle Margaret Ariana, born 30 June 1866. 3. Alice Rachel Anne, born 17 December 1868 ; married, BORTHWICK, LORD BORTHWICK 119 5 July 1893, to Captain Alexander Straton Campbell of Weasenham, Norfolk, and has issue. 4. Violet Dagmar Marion Olga, born 3 June 1871 ; married, 22 November 1900, to Captain Lewis Grey Freeland. 5. Mary Frances Harriet, born 11 February 1876 ; married, 1 July 1897, to Harold Ohaloner Dowdall, M.A., B.C.L., Barrister-at-Law, Liverpool, and has issue. XIII. ARCHIBALD PATRICK THOMAS, twenty-first Lord Borthwick, and thirteenth in possession of the dignity. He was born at 17 Queen Street, Mayfair, 3 September 1867, and educated at St. Peter's, Radley, and at Christ Church, Oxford. Admitted a partner of Borthwick, Wark, and Co. in 1890. A member of the Royal Company of Archers; and in the Commission of the Peace for the County of Wigtown. He married, 18 July 1901, at Ardwell Church, Wigtownshire, Susanna Mary, fourth daughter of Sir Mark J. M'Taggart Stewart of Southwick, Bart., M.P. for the Stewartry of Kirkcudbright, and has issue : — Isolde Frances, born 2 February 1903. CREATION.— Between 4 December 1450 and 21 July 1454. Approximately, 12 June 1452. ARMS, recorded in Lyon Register. — Argent, three cinque- foils, sable. CREST.— A Moor's head proper, wreathed argent and sable. SUPPORTERS. — Two angels proper, winged or. MOTTO. — Qui conducit. [W. M.] MORAY, LORD OF BOTHWELL HETHER the extensive province of Moray de- rived its name from Moreb, or Mor'av, the seaside, or from a chief, prince, or king called Murich or Murdoch, is a question that may be left to philologists and anti- quaries to decide. It is sufficient for our purpose to note that Moravia (to use its Latinised form) gave its name to a family which in its various branches, under the names of Mureve, Mor- eff, Murreff, Moray, and Murray, became widely known and highly distinguished in Scotland. The first of the family of whom there is any record was FRESKIN, whose curious name has been the subject of some speculation. He is said to have been a person of Flemish origin, whom David i. took north with him from the Lowlands and settled in Moray, when he suppressed an insurrection of the natives of that province in 1130. From the terms of a charter granted to one of his sons by William the Lion, it would appear that Freskin held from King David the lands of Strabrok in Linlithgowshire, along with his lands in Moray, but he is nowhere designed 'Flan- drensis ' or le Flamyng, as was the custom when Flemings were mentioned in early charters. It may be, as has been MORAY, LORD OP BOTHWELL 121 surmised, that his name is the same as Fresicus, the Low Latin for Priscian, and was therefore sufficiently distinctive. On the other hand, Preskin may be a corruption of some compound of the Gaelic Fear, with a noun or adjective descriptive of some trait of character or physical peculi- arity.1 Freskin, who must have died before 1171, had three sons : — 1. WILLIAM, noticed below. 2. Hugh, ancestor of the Earls of Sutherland. 3. Andrew, who was probably Bishop of Moray, 1184-85.2 There is room for him between Simon, who died in 1184, and Richard, who was elected in 1187.3 WILLIAM, son of Freskin, is a witness to a charter granted by Malcolm iv. to Berowaldus Flandrensis of the lands of Innes, at Christmas 1160.' Between 1165 and 1171 he obtained a charter from William the Lion of the lands of Strabrok, Duffus, Rosisle, Inchikel, Machir, and Kintrai, quas terras pater suns Friskin tenuit tempore regis David am met. This charter is now missing, but it was seen and copied by Nisbet.4 William witnessed several charters of King William between 1187 and 1199, and died about 1203, when his eldest son appears as Lord of Duffus. Mr. Cosmo Innes, editor of the Chartulary of Moray, founding, for want of better authority, on a marginal note in the register relative to Gilbert, Archdeacon of Moray, afterwards Bishop of Caithness— Iste Gilbertus erat filius domini de Duffus — remarks that if the anonymous annotator be cor- rect, Gilbert, along with John and Richard, his brothers, must all apparently have been sons of William, son of Freskin, Lord of Duffus, and nephews of Hugh Freskin.5 But if Richard, brother of Gilbert, be identical with the Richard de Moravia to whom the Abbot of Dunfermline, about 1240, gives and confirms all his lands of Kildun, near Dingwall, in Ross,6 then the annotator must be wrong, because this Richard is distinctly called filius Murdaci filii 1 Douglas, in his Peerage (660), and his Baronage (98), remarks that Friskine in the Gaelic language signifies ' the man with the ready hanger.' 2 Chron. de Mailros. 3 Beg. Morav., Pref. xii. 4 System of Heraldry, ii. 183. 6 Reg. Morav., Pref. xliii. 6 Reg. de Dunf., 195-196, cited by Mr. D. Murray Rose in a paper on ' The Ancestry of St. Gilbert of Dornoch.' 122 MORAY, LORD OF BOTHWELL Alexandri de Moravia. William, son of Freskin, had, how- ever, three sons, viz. : — 1. Hugh de Moravia, who got the lands of Duffus and Strabrok. Died about 1226, and was buried in the Church of Duffus, near the altar of St. Katherine. Was afterwards canonised. He had two sons : — (1) Walter, who married Eufemia, daughter of Ferchard, Earl of Ross, by whom he had a son, i. Freskin, Dominus de Duffus. Married Johanna, Lady Strathnaver, and had issue : — (i) Mary, married Sir Reginald le Chen, the younger, with issue. (ii) Christian, married William de Federeth, Con- stable of Roxburgh Castle, in 1262, with issue. (2) Andrew, Parson of Duffus and Bishop of Moray, 1223-1242. 2. WILLIAM DE MORAVIA, noticed below. 3. Andrew, parson of Duffus 1209. He is said to have refused the Bishopric of Ross in 1213. 1 WILLIAM DE MORAVIA, second son of the above William, and grandson of Freskin, is found designed ' Dominus de Petty n, Brachlie, and Boharm,' and appears as witness, along with his father and his brother Hugh, to charters granted by King William in the end of the twelfth and beginning of the thirteenth centuries. He gifted the church of Artendol to the Cathedral Church of Spynie.2 He was Sheriff of Invernaryn in 1204, and died before 5 October 1226. He left two sons : 3— 1. SIR WALTER, noticed below. 2. Mr. William, Canon of Moray, who witnesses an agreement between the Bishop of Moray and Mal- colm, Earl of Fife, as to the lands of Adwyn,4 and also his brother's charter of the lands of Agynway to the Hospital of St. Nicholas, near the Bridge of Spey.5 SIR WALTER DE MORAVIA, Lord of Petyn, etc., is designed filius quondam Willelmi de Moravia in an agree- ment dated 5 October 1226, between himself and Andrew, 1 Reg. Morav., Pref. xiii. 2 Ibid., 17. 3 Sir Andrew Moray, who wit- nesses a charter granted by William Cumyn, Earl of Buchan, to Arbroath Abbey between 1211 and 1214, may have been another son. 4 Reg. Morav., 66. 5 Ibid., 122. MORAY, LORD OP BOTHWELL 123 Bishop of Moray, as to certain lands, teinds, and church patronages granted to that see both by his father and himself. To this agreement the seal of his cousin Walter of Duffus is also appended. Another agreement between the same parties is dated 25 April 1229, and there is an undated charter by Walter de Moravia, son of the deceased William, granting the lands of Agynway to the Hospital of St. Nicholas.1 He accompanied Alexander n. to England in 1235, the name of Walter of Petyn appearing as a witness to a charter granted by the King at Dissington in North- umbria, and dated in September of that year.2 He also witnesses a charter by King Alexander, dated in 1236,3 and a number of deeds executed by his cousin the Bishop of Moray. He seems to have received the honour of knight- hood before he granted a charter to the Cathedral Church of Elgin and the Chapter of the See of Moray, of the church of Inveralfan, as in that document he is styled Miles.* He may have been the Walter of Moray who was one of the guarantors of the peace with England in 1244, which was apparently the year of his death. He left a son, SIR WILLIAM DE MORAVIA, who is designed 4 of Petyn ' in a letter from King Henry m. of England to the Pope, dated in 1244.5 He also was knighted by Alexander n., as his son Walter is designed films domini Willelmi de Moravia in a charter dated in the same year.6 He died before March 1253. By his wife, who is said to have been a daughter of Malcolm, Earl of Fife,7 he had a son, I. SIR WALTER DE MORAVIA, who inherited the Moray estates, and also became possessed of the manor of Both- well in Clydesdale, and the l&nds of Smallham (or Smail- holm) and Crailing in Roxburghshire, which had previously belonged to the Olifards of Bothwell, and may have come into Sir Walter's hands by marriage with the heiress. In the reign of Alexander n. the Baron of Bothwell was Walter Olifard, Justiciar of Lothian, who had a son, Sir David, and it was either the sister or daughter of the latter 1 Reg. Morav., 23-26. 2 Ibid., Pref. xxxvii. 3 Invernessiana, 29. 4 Reg. Morav., 111. & Coil. Doc. Scot., i. No. 165. 6 Rymer's Fcedera. 7 Ms. Memoirs of the Morays of Abercairney. 124 MORAY, LORD OF BOTHWELL who carried the estate to the Morays. From a document in the public records,1 it appears that Walter of Moray gave to Devergulla, widow of David Olifard, the liferent of a manor in Lincolnshire which, as Mr. Joseph Bain remarks, may have been a transaction connected with her dower in Bothwell.2 The marriage seems to have taken place before March 1253, as there is a convention between the Bishop of Glasgow and Chaplains of Osberniston 3 on the one part, and Sir Walter de Moravia on the other, by which the latter gives a sum of one hundred shillings for masses to be celebrated annually in the chapel there, and also in the Cathedral of Glasgow, for the souls of himself and Sir David Olifard, their ancestors and posterity. This deed is dated at Ancrum in Roxburghshire, in the Kalends of April 1253/ One of the persons appointed to be the Council of Govern- ment and Guardians of the young King and Queen by the Treaty of Roxburgh in 1255 was Sir Walter of Moray. He is a witness to a charter granted by Alexander in. to Devergulla de Baliol on 18 May 1277,5 and a discharge granted by him to the monks of Dry burgh of the multures payable out of the lands of Smallham, is dated at Bothwell in crastino sancti Matthai apostoli (February 25) anno 1278-79,6 which is said to be the year of his death, but he appears to have survived till 1284, as he is among the barons who were parties to the Act of Succession, dated 5 February 1283-84. Besides the two sons mentioned below, he may have had David de Moravia (named pro- bably from Sir David Olifard), parson of Bothwell and Bishop of Moray 1299-1325, a strong supporter of Robert the Bruce, and founder of the Scots College at Paris. But the only issue of Sir Walter whose paternity is proved, are: — 1. SIB WILLIAM, who succeeded his father. 2. SIB ANDBEW. II. SIB WILLIAM DE MOBAVIA, Lord of Bothwell, is designed ' Miles ' in the Act of Succession to the Scottish Crown, 1284, and in the same year he appears as Panetarius 1 Cal. Doc. Scot., ii. No. 725. 2 Pro. Soc. of Antiq. of Scot., xix. 381. 3 Osberniston was in the south-west corner of the parish of Bothwell — Orig. Par. i. 53. 4 Reg. Glasg., 162. 5 Ibid., 192. 6 Liber de Dry- burgh, 110. MORAY, LORD OF BOTHWELL 125 de Scotice. He was one of the great barons summoned to Berwick-on-Tweed as an auditor of the claims of Bruce and Baliol anent the succession to the Crown in 1291, and in the following year he was one of the sureties for the delivering up of several Scottish castles to the English. A number of charters granted by him in 1292 and 1293 appear in the Ohartulary of Glasgow, and to the original of one of these his seal is appended, showing in scuto ires stellulas multum attrito.1 Sir William was so wealthy that he was surnamed le Riche. He was one of twelve Morays, six of them Knights, who did homage to Edward i. in 1292, and that monarch afterwards marked him out for specially severe treatment, depriving him of his estates in Scotland, and when he retired to his manor in Lincolnshire, subject- ing him to further distraint, so much so that the once wealthy Baron of Bothwell had to get an allowance out of the Grown revenues accounted for by the Sheriff of Lincoln. Willelmus de Moravia, dominus de Botevill is among those who swore fealty to King Edward at Berwick 28 August 1296,2 and the Sheriff of Lincoln's accounts show that he was alive at Michaelmas 1299. In the same year he appears to have granted (probably under compulsion) his manor of Orailing in Roxburghshire to the Bishop of Durham.3 He was dead before 10 November 1300, when an inquisition was ordered as to his heir. He left no issue. SIR ANDREW DE MORAVIA is mentioned as one of two persons in whose presence Sir William, his brother, granted to the Cathedral and Chapter of Glasgow the right of patronage of the Church of Walliston on the Wednesday next after the feast of St. Valentine the martyr, anno 1292.4 To this deed the seals of both the brothers were appended, and no doubt it is the document referred to by Craufurd as showing Sir William's seal 'much wasted.' A detached seal, supposed to be Sir Andrew's, shows a shield with three stars of six points, within a bordure charged with eleven roundels, the legend being S\ Andree de Moravia, militis.5 Sir Andrew, notwithstanding that he swore fealty to the English King in July 1291, took an 1 Craufurd's Peerage, 39. 2 Hist. Doc. Scot, i. 66. 3 Cat. Doc. Scot., Hi. 207. 4 Reg. Glas., 202. 6 Cal. Doc. Scot., ii. pi. i. No. 5. 126 MORAY, LORD OF BOTHWELL active part in the resistance made by the Scots to English rule. Having been taken prisoner, along with his son Andrew, at the surrender of the Castle of Dunbar in April 1296, he was committed on 16 May to the Tower of London, his son being sent to Chester Castle. He was alive on 6 November 1297, but died in the Tower between that date and 10 November 1300, the date of the order for the inquisi- tion above referred to, so that it is uncertain whether he succeeded to his elder brother's estates and office of Pane- tarius. He married, first, the fourth daughter of Sir John Comyn of Badenoch, by whom he had ANDREW his heir,1 and secondly, in 1286, Euphemia, widow of William Comyn of Kilbride, who may be ancestress of the Murrays of Ryvale and Cockpool.2 She died in 1288.3 SIR ANDREW MORAY. Taken prisoner along with his father at the siege of Dunbar in April 1296, he was liberated after a few months' captivity in Chester Castle, and immediately afterwards rejoined the patriotic party in Scotland. Lord Hailes4 remarks that the only baron who adhered to Sir William Wallace when the nobles tamely submitted to the English monarch at Irvine on 9 July 1297, was Sir Andrew Murray of Bothwell, but this must have been the younger Andrew, as at that time Sir Andrew, brother of Sir William of Bothwell, was detained a prisoner in the Tower of London. His son was certainly with Wallace in the north, as the Bishop of Aberdeen, writing to King Edward on 24 and 25 July 1297, refers to the part 1 Wyntoun states this most distinctly, and there seems no reason to doubt his accuracy :•— ' The flerd dochtor oure the lave To wyff the Lord took of Murrave ; On hyr the Lord of Murrave gat Andrew of Murrave that efftyr that Wes at the Bryg of Stryvelyne slayne.' —Chron., Bk. viii. c. vi. 1. 1193. 2 Scottish Antiquary, xv. 72. 3 Euphemia's second marriage was not recognised in England, because it had taken place without the royal licence, and there is a letter dated 11 November 1286, from the Guardians of Scotland, seeking redress from the King of England for Sir Andrew de Moravia and Euf emia, his wife. After Sir Andrew's death his widow's dower-lands in Suffolk were confiscated by King Edward, and given in frank tenement to John Comyn, son and heir of the deceased William Comyn of Kilbride (Hist. Doc. Scot., i. 82). 4 Annals of Scotland, i. 302. MORAY, LORD OF BOTHWELL 127 taken in the insurrection by Andrew of Moref, son of Sir Andrew, ' with a very large body of rogues.* * On 28 August in the same year, King Edward granted at Tunbridge a letter of safe-conduct to Andrew, son of Andrew of Moray, extending to the feast of St. Michael (September 29) to visit his father in the Tower,2 but if this was an attempt to draw away the younger Andrew from the champion of Scottish independence, it did not succeed, as he was present with Sir William Wallace at the battle of Stirling Bridge on the 11 September, and there re- ceived a fatal wound. That he was not killed outright is proved by a letter dated 11 October 1297, ad- dressed to the Mayor and Commons of Lubeck and Hamburg, by Andrew of Moray and William Wallace as leaders of the army of the Kingdom of Scotland,3 while letters of protection to the monks of Hexham, dated 7 November, also run in both names.4 The exact date of this hero's death is not known. He was married to a lady whose name has not been ascertained, and was the father of a posthumous son, III. SIR ANDREW MORAY, the most famous of the Both- well family. The jury in the inquest held on 10 November 1300, after the death of Sir William de Moravia (evidently of Bothwell), found that his heir was a child named Andrew son of Andrew de Moravia, interfectus apud Strevelyn contra dominum regem, who was son of the deceased Sir Andrew de Moravia ; further, that the boy was two years old at the last Pentecost (which fixes his birth about eight months after the battle of Stirling Bridge) ; and that, in the belief of the jury, he was dwelling in Moray, among the King's enemies.5 It is not likely, therefore, that he was the Andrew Murray who, according to Lord Hailes and other historical writers, was exchanged, with several others, for Sir John de Segrave, senior, taken prisoner by the Scots at the Battle of Bannockburn. Sir Andrew Moray was a staunch supporter of King Robert the Bruce, and in 1326 1 Hist. Doc. Scot., ii. 210. 2 Ibid., ii. 228. 3 Wallace Papers, 159. 4 Chron. de Hemingsburgh. The fact that in these letters Andrew Moray's name conies first would seem to indicate that he was of equal rank with Sir William Wallace, although he is not described as knight in any official document. 5 Cal. Doc. Scot., iv. 300. 128 MORAY, LORD OF BOTHWELL he received in marriage the hand of the twice-widowed sister of the King, Christian Bruce. A charter by King Robert to Sir Andrew and his spouse of the lands of Garioch, dated 20 July 1327, describes him as Panetarius Scotice, showing that he had inherited this office either from his grandfather, Sir Andrew Moray, or from Sir William, his grand-uncle. He is called 4 Pantrieman ' in a charter granted by him and Christian Bruce to Bernard Spence of the lands of Unthank in the regality of the Garioch.1 After the disastrous battle of Dupplin in August 1332, Sir Andrew Moray was chosen Regent of the Kingdom in succession to the Earl of Mar, but in April of the follow- ing year, while attacking Roxburgh Castle, he fell into the hands of the English, and was detained a prisoner in Eng- land for two years. After his release by ransom, he was acknowledged guardian of the Kingdom by a Parliament assembled at Dunf ermline in December 1335, and maintained active hostilities against the English till his death at Avoch in Ross in 1338.2 He was buried in the Chapel of Rose- markie in Moray, but his body was afterwards raised and carried to Dunfermline Abbey, to rest beside those of Bruce and Randolph, Earl of Moray. He was probably a widower when he married the King's sister in 1326,3 as she is said to have been past child-bearing, and he left two sons : 4 — 1. SIR JOHN, who succeeded his father. 2. SIR THOMAS, who succeeded his brother. IV. SIR JOHN MORAY, Lord of Bothwell, married, in 1348, by Papal dispensation (of date 21 November 1348), they being in the fourth degree of kindred, Margaret Graham, heiress of the earldom of Menteith, then only fourteen. In 1 Robertson's Index, 54, No. 72. 2 The exact date of this important event seems to be nowhere recorded. It probably took place in the month of June or July. 3 Moreri's Grand Dictionnaire, article ' Moravia,' states that he married a daughter of Leslie of Rothes, but no corroboration of this assertion has been found. 4 In his preface to the first volume of the Exch. Rolls, the editor says that John de Moravia, who receives a pay- ment for his sustenance in 1342, was the eldest son of Sir Andrew and Lady Christian Bruce, but the accounts do not bear out this statement. Thomas, the younger son of Sir Andrew, appears to have been of age in 1336, if he be identical with the Thomas de Murref who gives a contribu- tion to the repair of the bridge over the Tweed at Berwick on 24 June of that year (Eotuli Scotice). Sir Andrew's widow is said to have died at a great age in 1357 (Exch. Rolls, i. Pref. cxxxiv). 5 Papal Letters, 1342-1362. MORAY, LORD OF BOTHWELL 129 a charter granted by the widow of Sir William Rose of Kil- ravock, she mentions as her overlord John of Moray, Lord of Bothwell and of Avoeh, and in a duplicate of the charter, Sir John is styled ' Earl of Menteith and Panetarius of Scot- land/1 Three years after his marriage he was in the hands of the King of England as a hostage for David n., who had been taken prisoner at the battle of Durham. By a deed dated 20 April 1351, John of Inverness, Chancellor of Moray, declares that, seeing that ' my Lord John de Moravia, Pantler of Scotland,' and his heirs were held obliged to pay at Elgin yearly for ever to him and his assignees, eight merks ster- ling, he (the Chancellor) devotes this money to found a chaplainry in the Church of the Holy Trinity of Elgin, in behalf of his own soul, the souls of his father and mother, the soul of Sir Andrew de Moravia of good memory, father of the foresaid John, and the souls of all the faithful dead. It would appear that Chancellor John had given the Lord of Bothwell a sum of 100 merks sterling, for which he was to receive eight merks of annualrent out of the lands of Altirlies and Croy, and the good Chancellor apportioned this interest in the manner set forth in his grant, but the Peerage writers, and, curiously enough, the editor of the Chartulary of Moray, give the credit of this pious donation to the lay lord instead of to the Church dignitary, although the terms of the deed of foundation are quite clear.2 Sir John Moray died in exile, without issue, prior to 5 September 1351, when his brother, Sir Thomas, takes his place as hostage in England. V. SIR THOMAS MORAY succeeded his brother in his office of Panetarius Seottce, and in his extensive estates. There is a letter of safe-conduct from the King of England, dated 5 September 1351, for Thomas de Murreff, brother and heir of John de Murreff, to come to Berwick or Newcastle as hostage for King David Bruce.3 On 8 May 1353, Sir Thomas renewed his brother's obligation to the Chancellor of Moray in connection with the observance of the anni- versary of their father's death.4 A safe-conduct to Ber- wick, dated 13 August 1357, is no doubt connected with the negotiations for the payment of the King's ransom, 1 Red Book of Menteith, i. 2 Reg. Morav., 301. *Rotuli Scot. * Reg. Morav., 301. VOL. II. I 130 MORAY, LORD OF BOTHWELL Sir Thomas Moray being one of the Commissioners appointed on behalf of the Scottish nobility to deal with that matter. On 3 October, when the negotiations were concluded at Berwick, Sir Thomas is mentioned in a list of eight great barons of Scotland, of whom three were required to place themselves in the hands of the King of England as hostages for the payment of the money, the Lord of Bothwell being one of the three on whom the lot fell. His seal — a shield with three mullets, two and one, within a bordure with eight roundels — and the inscription, 4S. Thome de Moravia/ is appended to the ratification of the treaty by the magnates of Scotland, dated 5 October 1357.1 It was, perhaps, for the service rendered by Sir Thomas on this occasion that he obtained a gift of the lands of Airthrey in Stirlingshire, in liferent during the pleasure of the King.2 In the following year the Lord of Bothwell obtains two licences to go to Scotland (7 May and 7 December), and in 1359 (4 July) there is a safe-con- duct for several horsemen coming to him in England, while there is a similar protection to himself on 10 November of the same year. On 28 January 1360, King Edward grants a safe-conduct for Walter de Moray, perhaps Sir Thomas's wife's uncle,3 with an attendant, to come to England to Thomas de Moray, hostage for David Bruce. He was probably then lying ill, and it is certain he died the following year, and not in 1366, as stated by some of the chroniclers. Wyntoun states that Sir Thomas's death took place in London in the year 1361, 4 and a Papal dispen- sation for his widow's marriage to Sir Archibald Douglas, afterwards Lord of Galloway, and third Earl of Douglas, dated 23 July 1362, is proof of the Prior of Lochleven's accuracy. The Lord of Bothwell is said to have died of the plague. His wife was Joanna, daughter and heiress of Sir Maurice Moray of Drumsargard, Earl of Strathern, by Joanna de Menteith.6 She had apparently no children by Sir Thomas Moray, and although she was no doubt con- junct fiar of his lands, it is not clear how she was able to carry to her second husband the barony of Bothwell, with the family possessions in Moray and elsewhere, except on i Cal.Doc. Scot., iii. No. 1660. 2 Exch. Rolls., i. 576, 582. 3 Cf. Laing Charters, No. 379. 4 Cronykil of Scotland, bk. viii. c. xlvi. 11. 7141-42. 5 Ibid. MORAY, LORD OF BOTHWELL 131 the supposition that ' Archibald the Grim ' seized the estates when he married the widow. It is most unlikely that there was no male heir of the last Lord of Bothwell. Oraufurd in his Peerage says the male line was continued in Sir John de Moravia de Drumsargard, a younger son of Sir William de Moravia de Bothwell and Drumsargard, Panetarius Seotice, but as we have seen, Sir William of Bothwell had no children, his grand-nephew becoming his heir. The confusion arises from two errors— first, that of uniting the baronies of Bothwell and Drumsargard in one holder nearly two centuries before such union took place ; and second that of taking Sir William de Moravia of Drum- sargard to be identical with the contemporary Lord of Bothwell (1284-1300) of the same name. No Moray of Bothwell and Drumsargard, or of Drumsargard and Both- well, occurs in any authentic record within our knowledge. Although charters and other documents are cited by Orau- furd and Douglas to prove the existence of Morays with such designations, these will be found upon examination to be insufficient to warrant the assertions based upon them. Some genealogical writers are of opinion that the Bothwell male line is represented by one or other of the existing Murray families; but there is no definite proof to determine the point/ ARMS. — Azure, three mullets argent. [w. B. c.] 1 Riddell's Stewartiana, 91 ; Scottish Antiquary, xv. 72. • RAMSAY, LORD BOTHWELL Tl has generally been considered by Peerage writers that the family to which Ramsay, Lord Bothwell, belonged was that of the Ramsays of Oorstoun, who were no doubt of kin to the Ram- says of Oarnock, other- wise Pitcruvie. The Oorstoun family were heirs of the latter after the death of Janet Ram- say, Lady Lindsay of the Byres.2 But whether Lord Bothwell was of that family is now doubt- ful. There appear, in- deed, to have been two John Ramsays at the Court of James in. ; John Ramsay the * familiar squire ' of that King, who married Isobel Cant, is never styled Lord Bothwell, though mentioned in the records after the creation of that title ; and in 1500 Elizabeth (synony- mous with Isobel) Cant appears as wife of John Ramsay in Pitgormo.3 Now this John in Pitgormo appears several times in the records as involved in many disputes with Ramsay of Oorstoun. Sir John never so appears. Further proof of the different identity of these two John Ramsays will be given later, meanwhile the career of that one who became Lord Bothwell may be considered. 1 The arms in the initial are what was generally borne by many Ramsay families, but the coat actually borne by Lord Bothwell has not been recorded. 2 Reg. Mag. Sig., 1 August 1540. 3 Acta Dom. Cone., ix. 159. RAMSAY, LORD BOTHWELL JOHN RAMSAY, whatever his parentage may have been, attracted the notice, while still a young man, of King James in. He formed one of that band of favourites on whom the nobles wreaked vengeance at Lauder. Ramsay escaped the general fate by leaping, it is said, on the horse the King was riding.1 He continued in much favour with James, though he gave great offence to the Court by pro- curing a royal mandate that no one but himself should be entitled to carry arms within the precincts of the royal residence.2 On 16 February 1483 he had a ratification in Parliament of the lands and barony of Bothwell,3 and he sat in the Parliaments of 1485 and 1487, under the title of LORD BOTHWELL.4 He was an Esquire of the King's Chamber,5 an auditor of Exchequer in 1484,6 and a Com- missioner for letting the Crown lands.7 He was Ambassador to England in 1486 and 1488.8 After the death of James in. he was forfeited in the Parliament held at Edinburgh 6 October 1488.9 He then retired to England, and was largely engaged in intriguing against the Scottish Govern- ment. He was, notwithstanding, allowed to return to Scotland in 1496, and had a remission under the Great Seal 18 April 1497, without, however, his title being re- stored to him.10 At the same time he had liferent grants of the lands of Tealing and Polgavie, co. Fife,11 of the lands of Trarinzeane, co. Ayr, and half the lands of Kirk- andrews, co. Wigtown.12 On 30 May 1498 he had a charter of a tenement in the Cowgate, Edinburgh, and another of lands in Forrester's Wynd, 6 November 1500.13 In 1503 he was Captain of Linlithgow,14 probably of the Palace there. On 13 May 1510 he had a grant ' pro bono servitio et ex special! favore ' of the lands and barony of Balmain, co. Kincardine.15 It is certain that all the time he was receiving these marks of the royal favour Ramsay was acting as a spy in the Scottish Court, and was engaged in a treasonable correspondence with Henry vn., and his letters are still extant.16 His end, however, was by no 1 Pitscottie, Scot. Text Soc., i. 176. 2 Eraser's Douglas Book, ii. 79. 3 A eta Parl. Scot. , ii. 153. 4 Ibid. , 169, 180. 6 Reg. Mag . Sig. , 6 September 1483. 6 Exch. Rolls, ix. 232, etc. 7 Ibid., 636. 8 Rymer's Feeder a. 9 Acta Parl. Scot., ii. 201, 205. 10 Reg. Mag. Sig. " Ibid., 27 April 1497, 13 September 1498. 12 Ibid. 13 Ibid. 14 Cal. Doc. Scot., iv. No. 1713. 15 Reg. Mag. Sig. 16 Cf. Pinkerton's Hist., ii. 438. 134 RAMSAY, LORD BOTHWELL means that of a traitor, as he died fighting for his King on the field of Flodden in 1513.1 Lord Bothwell is generally said to have married Isobel Cant, but she was the wife of the other John Ramsay alluded to above. Bothwell did marry, first, Janet Ken- nedy, the well-known mistress of James iv. On 6 November 1505 he, as Sir John Ramsay of Trarinzean, resigned certain subjects in Edinburgh for conjunct infeftment to be given to him and Janet Kennedy, Lady Bothwell, his spouse,2 and on the 28th of the same month Lady Bothwell appears in Court by Sir John Ramsay, her spouse and procurator.3 The marriage, if it ever took effect, must have been speedily dissolved, though Janet Kennedy lived for many years after- wards. He married, secondly, Isobel Livingston, said to have been a daughter of Livingston of East Wemyss,4 as on 15 February 1507-8 he again resigned subjects in Edin- burgh for conjunct infeftment to himself and her.5 This Isobel survived him, and he left James GJiisholm, Bishop of Dunblane, tutor testamentar to his son.6 It has been said that the Bishop and Bothwell were uterine brothers.7 BothwelFs mother was Janet Napier, afterwards (before 1484) wife of John Wilson, Burgess of Edinburgh.8 His father's name has not been ascertained. Bothwell had a son, WILLIAM,9 who chose curators 19 November 1524.10 He was therefore born in or shortly before 1510, which makes it probable that he was the son of Isobel Livingston. This William Ramsay was ancestor of the Ramsays of Balmain, now represented in the female line by Sir Herbert Ramsay of Balmain, Baronet. ARMS. — No record of the arms of Ramsay, Lord Bothwell, has come down to us. His descendants, the Ramsays of Balmain, only recorded arms in 1806 : argent, an eagle dis- played sable, charged in the breast with a rose of the first. [j. B. P.] 1 Exch. Rolls, xiv. 480. 2 Protocol Book of J. Foular, Edinburgh City Chambers. 3 Acta Dom. Cone., xvii. 35. 4 Pedigreepenes B. Barclay- Allardyce. Cf. Fourth Rep. Hist. MSS. Com., 632. 5 Protocol Book of J. Foular. 6 Acta Dom. Cone., xxvi. 19. 7 Gen. oftheHouseofDrummond, 178, where the mother's name is wrongly given. 8 Acta Part. Scot., ii. 153 ; Reg. Mag. Sig., 20 February 1483-84, 4 August 1484. 9 Exch. Rolls, xiv. 480. 10 Parliamentary Records, 545. HEPBURN, EARL OF BOTHWELL AND DUKE OF ORKNEY HE name of Hepburn is probably a local one derived from lands in Northumberland. * The house of Hailes is tradi- tionally reported to have been founded by an Englishman taken pri- soner in the reign of King David 11., and long detained for non-payment of ransom, who, having on one occasion rescued the Earl of Dunbar and March from a savage horse, was rewarded by the grant of lands in East Lothian.2 ADAM HEPBURN had in the reign of David u. a charter of the lands of Trepren (Traprain) and Southall, of Mersing- toun, and some in Oolbrandspath, to be held of the Earl of March ; and of the lands of South alls and Northalls (now called Hailes), at the Earl's disposition on the forfeiture of Hew Gourlay of Beinstoun ; with the lands of Rollanstoun, 1 Chalmers' Caledonia^ ii. 440. Chalmers believed that these lands lay in Morpeth ward, where there is a place now called Hebron ; but it seems more probable that the sirname was taken from Hebburn in the Parish of Chillingham, where a family of the name flourished from the thir- teenth century or earlier till late in the eighteenth, when it ended in an heiress. Their ' bastle ' still stands in Chillingham Park (Archceologia j&liana, xiv. 302-3). 2 Hector Boece, Bellenden's Translation, 1536, Book xvi. 235b. 136 HEPBURN, EARL OF BOTHWELL Berwickshire.1 He died before the end of the reign,2 leaving two sons : — 1. PATRICK (afterwards Sir Patrick) Hepburne, Lord of Hailes, his successor. 2. John. John de Hibburne had a charter of donation dated 9 June 1363, granted by Patrick of Dunbar, Earl of March and Moray (who styles him his alumnus), of the lands of Over and Nether Merkill, to him and the heirs-male of his body, whom failing to Patrick Hibburne his brother and the heirs of his body;3 Nisbet identifies the latter with Sir Patrick de Heb- burne (of Hailes) who witnessed a charter of which the royal confirmation is dated 23 February 1368-69.4 The great family of Hepburn of Waughton is said by Sir George Mackenzie to have been the principal cadet house of Hailes ; 5 and this John is held by Chalmers 6 and others to have been the ancestor of Waughton. But neither Mackenzie nor Chalmers cites any authority for the belief, and no evidence seems to be extant. It is true that in 1510 consanguinity was alleged to exist between Patrick Hepburne, younger of Waughton, and Helen, daughter of Sir Adam Hepburne of Crags, a cadet of Hailes;7 but as the relationship was only in the third and fourth, or fourth and fourth degrees, the common ancestor must have lived generations after Adam first of Hailes. As Nisbet points out, Mr. Thomas Craufurd (a very competent authority) believed that the family of Waughton was more ancient than that of Hailes.8 SIR PATRICK HEPBURNE of Hailes, Knight, the eldest son, was born circa 1321. 9 In 1363 he obtained a safe- conduct, dated 26 April, to visit the shrine of St. Thomas of Canterbury.10 The seal of Patrick de Hebborne, appended to the Act of the Parliament of Scotland settling the succes- sion to the crown, dated 27 March 1371, bears on a chevron 1 Robertson's Index of Missing Charters, 41, 42. Nisbet held that these charters dated from the reign of King Robert I. Nisbet's System of Heraldry, ed. 1804, i. 153. 2 Caledonia, ii. 441. 3 Reg. Mag. Sig., folio ed. 1814, No. 63, p. 31. * Ibid., No. 184, p. 59 ; Heraldry, L 153. 6 Additional MSS., British Museum, No. 12,464. 6 Caledonia, ii. 441 n. 7 Laing Charters, No. 278. 8 Notes, etc., on Buchanan's History of Scotland, 173. 9 Goodall, Scotichronicon, 433. 10 Rhymer's Fo2dera, Hague ed., vol. iii. part ii. 75. HEPBURN, EARL OF BOTHWELL 137 a rose between two lions combatant within a bordure en- grailed ; the shield in the centre of pointed tracery.1 He obtained from King Richard 11. a letter of safe-conduct to pass into England with twelve men and twelve horses, dated 4 December 1381, on the allegation that he was about to proceed to the Holy Land.2 At the battle of Otter- bur ne on 19 August 1388 he and his son Patrick gallantly saved the banner of Douglas from falling into the hands of the English.3 When the Earl of March fled to England in July 1400, Sir Patrick and his sons seem to have separated from his party and joined that of Douglas. Sir Patrick was alive on 22 June 1402, being then over eighty years of age.4 He married, first, Agnes (vide infra), and Secondly, Eleanor Bruce, Countess of Oarrick, only daughter of Sir Archibald Douglas (brother of the good Sir James Douglas), who was for a few months guardian of the kingdom. She was married first to Sir Alexander Bruce, son of Edward Bruce, brother of King Robert, who inherited his father's title of Earl of Oarrick.5 He was killed at the battle of Halidon Hill, 19 July 1333,6 and his widow retained the title of Oountess of Carrick during her life. A dispensation dated at Avignon 15 Kal. Aprilis 1376 was granted by Pope Gregory xi., permitting 'the noble man Patrick de Hepborn, Knight, and Eleonora de Bruys, Oomitissa de Oarrick,' to marry, notwithstanding that Agnes, his former wife, was within the fourth degree of consanguinity to the Oountess.7 She must have been far advanced in life when she was married to Sir Patrick, who seems to have been her fifth husband.8 He died before King Robert in.9 By his first wife he was father of PATRICK HEPBURNE younger of Hailes, whom Bower styles 4 Miles magnanimus et athleta bellicosus.' 10 His gallant behaviour at Otterburne has been mentioned above. He died v. p., slain in a conflict against the Earls of Northumberland and March at West Nisbet in Berwick- shire on 22nd June 1402.11 1 Laing's Catalogue of Seals, No. 427. 2 Fcedera, vol. iii. part iii. 131. 8 Froissart's Chronicle, Johnes' Translation, 1805, iv. 12. * Scotichron., ii. 433. 6 Eraser's The Douglas Book, 214-215 ; Scotichron., ii. 310. 6 Craw- furd's Peerage, 72. 7 Andrew Stuart's History of the Stewarts, 440. 8 Douglas Book, ut supra. 9 Caledonia, ii. 442. 10 Scotichron., ii. 433. 11 Pinkerton's Hist, of Scotland, i. 71, 72. 138 HEPBURN, EARL OF BOTHWELL He married a daughter and co-heir of the family of Vaux or de Vallibus, Lords of Dirlton, with whom he got a great accession to his estate. Patrick, first Earl of Bothwell, his descendant, quartered a bend for Vaux with his paternal coat in 1498.1 Patrick, third Earl, bore the same in 1538,2 and James, fourth Earl, in 1567.3 He had issue three sons : — 1. ADAM (afterwards Sir Adam) Hepburne. 2. William, who is mentioned in an indenture dated at Halys, 4 January 1437, preserved in the Wedderburn charter-chest.4 3. Archibald, who is mentioned along with his brothers in the same indenture, and also, as brother-german of Adam de Hepburne, Lord of Hailes, on 12 March 1420, in a charter confirmed 8 December 1440.5 He is also named as uncle of Patrick Hepburn, Lord Hailes, in a charter by the latter to the monks of Ooldingham, at Dunbar, 25 November 1450.6 He may perhaps be identical with Archibald Hepburne, armiger and burgess of Haddington, whose name appears frequently in the records from 1450 onwards, and who probably left a son of the same name. ADAM (afterwards Sir ADAM) HEPBURNE of Hailes, who succeeded his grandfather, was one of the Scottish Com- missioners sent to England in 1423 to treat for the release of King James i. from captivity.7 He was knighted by that King at his coronation on 21 May 1424.8 He was afterwards one of the supplementary hostages for King James i., and was finally released by order dated 9 November 1427.9 He was sent with others, in 1434, to take possession of the Castle of Dunbar, belonging to the Earl of March ; the charge of which after its surrender was con- fided to him by the King.10 A payment of £30 was made to him as keeper of the castle by order of the King, in 1435.11 He was present at the conflict at Piperden near Berwick on 10 September 1436,12 and was one of the conservators 1 Nisbet, Heraldry, i. 153. 2 Laing's Seals, i. No. 429. 3 Nisbet, ut supra. 4 Riddell Notes. 5 Reg. Mag. Sig. 6 Raine's North Durham, App., No. cccxxix. 7 Feeder a, vol. iv. part iv. 102. * Scotichron., ii. 482, 483; Ramsay's Lancaster and York, i. 490 n. 9 Fcedera, vol. iv. part iv. 117, 118, 130. 10 Scotichron., ii. 500. u Exch. Rolls, iv. 620. 12 Scotichron., ii. 501. HEPBURN, EARL OF BOTHWELL 139 of a truce with England 31 March 1438.1 He was styled Steward of the earldom of March on 1 January 1443-44.2 He was alive early in 1446,3 but died later in that year,4 leaving issue : — 1. PATRICK HEPBURNE (afterwards Sir Patrick and first Lord Hailes), his successor. 2. William Hepburne, who is first named in a charter already cited, by his brother Patrick, Lord of Hailes, on 25 November 1450.5 He is also designate brother to George Hepburne of Rollandistoun as witness to a charter granted by the latter on 27 February 1456-57.6 He was perhaps in attendance on his father during part of the time when the latter was a hostage in England, in 1425-27.7 He appears to have been spouse of Elizabeth Touris on 1 March 1453.8 3. George Hepburne of Rollandston, in the parish of Greenlaw, county Berwick, whom Nisbet shows as first of Whitsome. He had a charter dated 18 September 1456 of two husband lands in Ballyn- creyf, which were afterwards known as Rollands- toun's (or Rowistoun's) lands. On 17 February 1456-57 he granted a liferent charter of those lands, witnessed by Patrick Lord Halis, his brother, to Jonet Malvyn (Melville) his spouse, causa ac nomine dotis. The seal is still attached to this charter, and shows the arms of Hepburn of Hailes with a mullet in canton. The rose resembles a mullet pierced.9 It is probably he who appears as Gregory Hepburn in a charter by his brother Patrick on 25 November 1450.10 He appears to have had by Jonet Malvyn, his spouse, a son, (1) John, whose parentage is nowhere stated ; but he appears as John Hepburne of Rollanstoun from circa 1486 onwards. He was a bailie, and custumar, of Haddington ; principal Steward of the Royal Household ; had tacks of various lands, and was appointed Commissioner for letting Crown 1 Fcedera, vol. v. part i. 50. 2 Historical MSS. Com., Wedderbum Castle MSS. 262. 3 Exch. Rolls, v. Ixvii. n. 4 Bannatyne Miscellany, x. 275. 6 Raine's North Durham, App., No. cccxxix. 6 Blackbarony Writs in the Elibank Charter-Chest. 7 Fcedera, vol. iv. part iv. 118. 8 Inventories of Titles, Miscellaneous, vol. iii., H. M. Gen. Reg. Ho. 9 Blackbarony Writs. 10 Raine's North Durham, App., No. cccxxix. 140 HEPBURN, EARL OF BOTHWELL lands.1 In 1507 he granted a procuratory of resignation of Rowistoun's lands in the hands of the Sovereign, superior thereof, in favour of George Hepburne, his eldest son and apparent heir.2 He died circa 1510-11. 3 He married Margaret Wricht,4 one of the heirs of umquhile William Wricht, burgess of Cupar.6 His son, i. George Hepburne of Rollanstoun, was served heir to him in Rowistoun's lands in BallincriefF on 7 May 1511. 6 He succeeded his father as custumar of Haddington, and held that office until his death,7 and he rendered the accounts of the bailies of Haddington from 11 July 1511. 8 He died ante 4 July 1514. 9 He married Alesone Hammiltoun.10 He seems to have had (i) A son who died v. p. , leaving — a. Patrick Hepburne of Rollandstoun, who had sasine of Ballincrieff on 24 October 1513, being designate nepos of the Laird of Rollanstoun.11 He died ante 13 May 1529. 12 b. Agnes Hepburne, who had sasine of Rowis- toun's lands, following on a re tour as sister and heir to Patrick Hepburne of Rollanstoun , on 13 May 1529. She granted charter thereof under reversion to Jonet Lady Setoun on 10 May 1537, being further designate spouse to Alexander Hamiltoun in Prestoun.13 She was succeeded by her son George Hamiltoun in Prestoun, who on 9 November 1570 had sasine of one of two husband lands called Rowistoun's lands,14 and on 28 June 1592 was served heir to Patrick Hepburne his maternal uncle in the lands of Rollanstoun, co. Berwick.16 But these lands had ap- parently then been long in possession of another branch of the family; they had probably reverted to the head of the house, the tenant in chief, soon after the death of Patrick Hepburne. 4 Mr. Adam Hepburne, Dean of the Collegiate Church of Dunbar, is designate brother to Patrick Hepburne, Lord of Halis, as witness to a charter granted by the latter, and dated at Halis 13 June 1448.16 5. John Hepburne, Bishop of Dunblane. This prelate 1 Exch. Bolls, ix. 626, and x. passim. 2 Blackbarony Writs. 3 Ibid. 4 Exch. Rolls, ix. 626. 6 JReg. Mag. Sig., 16 January 1599. 6 Black- barony Writs. 7 Exch. Bolls, xiii. 383, 488, 571. 8 Ibid., 496, 581. 9 Ibid., xiv. 48. 10 Ibid. " Ibid., xiv. 516. 12 Blackbarony Writs ; Reg. of Acts and Decreets, i. 532, 24 November 1543. 13 Blackbarony Writs. u Ibid. 16 Retours, Berwick [499]. 16 Laing Charters, No. 126. HEPBURN, EARL OF BOTHWELL 141 was a Lord of Council and Session in 1467, and died I486.1 6. Elizabeth Hepburne, was married to Alexander, Master of Montgomerie.2 He died in 1452.3 7. Helen Hepburne was married on 10 July 1446, con- tract dated 20 February 1445-46, to John Somerville, styled Baron of Carnwath (eldest son and apparent heir of William, second Lord Somerville), who after- wards succeeded as third Lord Somerville. She died ante March 1456-57.4 8. Annes Hepburne is mentioned as sister of Patrick Hepburne, Lord of Halis, in the contract of marriage between Adam his son and Elyne Home dated at Tynynghame 2 February 1448, and now preserved in the Buccleuch charter-chest.5 I. PATRICK HEPBURNE (afterwards Sir Patrick, and first Lord Hailes), the eldest son, had a charter dated 29 June 1444, from William Earl of Douglas, of certain lands in the lordship of Dunsyre, co. Lanark, which was con- firmed 20 May 1452.6 Before his father's death he took possession of Dunbar Castle without authority ; Joan Beaufort, the Queen-Dowager, resided in the Castle, while he held it, for some time ; but after her death, which took place there on 15 July 1445,7 he evacuated the place.8 On 25 November 1450, he granted lands in Ooldingham and neighbourhood to the monks there, and to this charter a fine seal of arms is attached.9 On 10 December 1450 he had a charter of the lands of Little Lambertoun, commonly called Sherefbygyn, and of the office of Sheriff of Berwick, which was confirmed on 20 May 1452.10 On 20 December 1451 he had a Crown charter of the lordship of Halis and other lordships and lands, which his predecessors formerly held in heritage of the Earls of March, who again held them of the Crown in chief ; also the lands of Prendergest and others in the sheriffdom of Berwick, with all right in 1 Keith's Cat. of Bishops, 104. 2 Crawfurd's Peerage, 128 ; Fraser's Memorials of the Montgomeries, Earls of Eglinton, i. 25. 3 Ibid. 4 Memorie of the Somervilles, i. 194, 195, 211. 6 Fraser's Scotts of Buccleuch, ii. 39. ° Eeg. Mag. Sig. 7 Auchinleck Chronicle, 7. 8 Raine's Hist, of North Durham, App. 22 ; Buchanan's Rerum Scot. Hist., ed. 1668, p. 378. 9 Raine's North Durham, App. , No. cccxxix. 10 Eeg. Mag. Sig. 142 HEPBURN, EARL OF BOTHWELL the lands formerly held by George, Earl of March, and forfeited by him : — the whole erected into a free barony to be called the barony of Halis.1 He was one of the conser- vators of truces with England in 1449, 1451, -3, -7, and 1459.2 He was created a Peer of Parliament by the title of LORD HAILES between 31 October 1452,3 and 14 June 1453.4 He seems to have been alive on 6 December 1482,5 and to have died shortly after that date.6 He appears to have been twice married. Elene Wallace was his spouse at the date of his death; she survived him.7 He had issue : — 1. ADAM, Master of Hailes, of whom after. 2. Patrick Hepburne (of Beinston). He had from his father charter of Benestoun, extending to two husband lands, with ' ane pece land called the Reid Abbayes Oroft.' 8 He was dead cmte 19 November 1518.9 He married Christian Ogilvie, who is called relict of John Campbell of Auchreoch.10 (See title Bread- albane.) By her " he was father of (1) Mr. John Hepburne of Beinstoun,12 who is not known to have married. On 16 March 1542-43 letters of legitimation were granted to Patrick and six other natural sons and daughters of Mr. John Hepburne of Benestoune.13 This Patrick was his father's cessioner, and succeeded him in Beanstoune,14 but is usually designate of Quhytcastell,16 alias Nunraw.16 He was knighted ante 1 November 1574. 17 He married Margaret Cockburne, daughter of Sir James Cockburne of Langtoun,18 and founded a new family of Hepburne of Beinston. He died in the month of Novem- ber 1583. 19 (2) Patrick Hepburne is said to have been educated by his uncle John, Prior of St. Andrews,20 whom he succeeded as Prior shortly before 29 January 1525- 26. 21 In the next month he was tutor to Patrick, third Earl of Bothwell.22 In 1524 he was appointed Secretary of State, and he held the office till 1 Reg. Mag. Sig. 2 Fcedera, v. pt. ii. 19, 37, 50, 75 and 89. 3 Reg. Mag. Sig. * Exch. Rolls, v. 581. 5 Acta Parl. Scot., ii. 134a; Acta Dom. And., lOlb. 6 Caledonia, ii. 445. 7 Acta Dom. Cone., 98*. 8 Precept, of 29 April 1586, for charter of confirmation, Reg. Sec. Sig., liii. 176. 9 Acta Dom. Cone., xxxii. 6. 10 Acts and Decreets, viii. 565b, 28 July 1554. n Ibid. 12 Acta Dom. Cone., xxxii. 6, 19 November 1518. 13 Reg. Mag. Sig. M Acts and Decreets, iii. 398, 12 March 1549. 15 MS. Reg. of Deeds, xxi. 146, 9 and 12 June 1583. 16 Laing Charters, No. 722. 17 Charter confirmed 23 November 1574, Reg. Mag. Sig. 18 Charter confirmed 3 December 1566, Reg. Mag. Sig. 19 Edin. Tests., 5 January 1584-85. 2° Keith's Cat., 88. 2l Exch. Rolls, xv. 239 n., 242 n. 22 Cale- donia, vol. ii. 447, quoting Cottonian MSS. B. M., Caligula, vii. 30. HEPBURN, EARL OF BOTHWELL 143 1527. He was provided Bishop of Moray and Commendator of Scone on 14 June 1538. 1 He succeeded to the lands of Cleishbeny (which had belonged to Christian Ogilvie) as heir to Mr. John Hepburne of Beinstoune, his brother.2 In December 1567 he was summoned for treason along with many others of his name, including Adam Hepburne of Ballinghard, and Patrick Hepburne, Rector of Kynnoir, his sons.3 He had a large number of natural children by different mistresses, some of whom obtained letters of legitimation on 18 December 1533 ;4 some on 4 October 1545 ;5 and others on 14 May 1550.6 He found the Bishopric of Moray in good condition, but he feued out all the lands belonging to it.7 He also feued out to his natural children many of the lands belonging to the Abbey of Scone. Among these were the lands of Ballinhard (or Bonhard) and Boghall ; of which, on 22 January 1540, he granted a feu-charter to Patrick Hepburne, natural son to Isabell Lydell, with remainder to Adam and George Hepburne his brothers-german. This charter was con- firmed by certain Commissioners appointed by the Apostolic See on 21 July 1542.8 Patrick Hepburn having died s.p.m. ante 20 February 1560, was succeeded in his lands by the said Adam, who founded the family of Hepburne of Bon- hard.9 He had been legitimated on 4 October 1545. At the Reformation Patrick, Bishop of Moray, experi- enced the same treatment as other prelates ; but his ability and influence enabled him to keep possession of Spynie Castle, the Palace belonging to the See, where he died on 20 June 1573. He was buried in the choir of Elgin Cathedral.10 3. Alexander Hepburne (of Whitsome) had charter dated at Halis 11 February 1462, granted by Patrick Hepburn, Lord Halis, of his lands of Quhytsum, with their pertinents, in the sheriffdom of Berwick ; wherein the said Alexander is styled son of the granter.11 He was Sheriff of Edinburgh 1483-85,12 and on 16 June 1488 was appointed Sheriff and Seneschal of Fife for five years.13 In 1492 and 1493 he was associated with his brother-in-law, Henry Napier, in the office of Admiral-Depute to Patrick, first Earl of Bothwell.14 He had a charter of aliena- tion, dated 12 May 1492, granted by John, Lord Lindsay of the Byres, of the lands of Duntarvy and 1 Brady's Episcopal Succession, i. 137, 209. 2 Protocol Book of Robert Rollok, H.M. Reg. Ho., 94a ; Acts and Decreets, viii. 565b, 28 July 1554. 3 Acta Parl. Scot., iii. 6. * Reg. Mag. Sig. 6 Ibid. 6 Ibid. 1 From a foresight, Keith thought, of coming events. Catalogue, 88. 8 Inventory of Bonhard Writs, City Chambers, Perth. 9 Ibid. 10 Keith's Catalogue, 88. n Hist. MSS. Com., Report on Wedderburn Castle MSS., 260. 12 Acta Parl. Scot., ii. 154. 13 Reg. Mag. Sig. " Acta Dom. Cone., 290. 144 HEPBURN, EARL OF BOTHWELL Sanct Serifs Law, in the sheriffdom of Linlithgow.1 On 4 November 1508, he had, with Jonet Napier his spouse, charter of feu-farm granted by James Wardlaw of Riccartoun, of the lands of Riccartoun, with tower, etc., lying (in the sheriffdom of Edin- burgh, but) by annexation in the barony of Ratho and shire of Renfrew.2 His successors were frequently designate ' of Riccartoun.' He married Jonet Napier, Lady Edmonstoun,3 daughter of Sir Alexander Napier of Merchistoun,4 and relict of Sir David Edmonstoun of that Ilk.5 By her he had issue : — (1) ALEXANDER HEPBTJRNE, his successor. (2) Mr. James Hepbume was rector of Partoun in July 1510, 6 and was also rector of Dairy in Galloway.7 He was postu- late Abbot of Dunfermline in 1515, and assumed the title, but may not have been inducted.8 He held the office of Lord High Treasurer of Scotland from 25 June 1515 to 25 January 1515-16.9 In the same year he was consecrated Bishop of Moray,10 and was admitted to the temporality of the See on 26 August 1516.11 He died two or three days before Martinmas 1524,12 and was buried in Elgin Cathedral.13 (3) Marion Hepburne. She was married, before 16 March 1500-1, to Patrick Levingstoun of Castlecary.14 (4) Agnes Hepburne. Married, contract before 2 April 1501, to William Livingstoun, eldest son and heir-apparent of James (third) Lord Livingstoun,15 who afterwards became fourth Lord Livingstoun. Alexander, fifth Lord Livingstoun, his son, is designed nephew (nepos) of James Hepburne, Bishop of Moray, on 25 April 1518. 16 She was alive 3 February 1509-10. Sir Alexander Hepburne, son and heir-apparent, is men- tioned with his parents on 1st August 1488. 17 He was knighted before 28 April 1508. 18 He died ante 17 September 1517. 19 He married Isobel Wardlaw.20 Mr. James Hepburne, Dean of Dunkeld, may have been his son, but of this no positive 1 Precept for ch. of confn. 29 November 1585, Reg. Sec. Sig., liii. 81. 2 Acts and Decreets, cxcix. 391, 28 May 1602, and ccxi. 428, 8 June 1605. 3 Reg. Mag. Sig., 1 August 1488, and Acts and Decreets, loc. cit. 4 Precept to the Steward of Monteith, 1 Oct. 1481, Napier Charter-Chest. 6 Acta Dom. Cone., xxiv. 167. 6 Ibid., xxi. 200. 7 Cal- endar Letters and Papers, Henry VIII., vol. ii. part i., No. 778, 205. 8 Registrum de Dunfermelyn, preface, xvi. 9 Treasurer's Ace., v. 1. 10 Keith's Catalogue, 87. n Reg. Sec. Sig., v. 71. 12 Acta Dom. Cone, et Sess., vi. 207. 13 Keith's Catalogue, loc. cit. u Protocol Book of John Foular, Council Chambers, Edinburgh, 16 March 1500-1 and 31 August 1503. 15 Appointment dated inter 2 April and July 1501, Acta Dom. Cone., x. 106b. 16 Reg. Mag. Sig. 17 Ibid. 18 Reg. Sec. Sig., iii. 76b. 19 Wedderburn Castle MSS., ut sup., No. 597, p. 261 ; Edin. Com., xiv. 2 November 1584. 30 Reg. Sec. Sig., iii. 76b. HEPBURN, EARL OF BOTHWELL 145 proof has been found. Mr. James was executor to the estate of James, Bishop of Moray.1 Sir Alexander's eldest son Alexander (afterwards Sir Alexander) Hepburne of Whit- some, had sasine on 7 November 1517 of the lands of Duntarvy on precept of dare constat.2 He and his spouse purchased the half-lands of Malcolmstoun, co. Edinburgh, charter confirmed 12 December 1532.3 He was Sheriff-Depute of Edinburgh in 1539, 1542, and 1544. 4 Under the style of Miles he witnessed a charter dated 13, confirmed 24 October 1539. 5 He was Admiral- Depute in 1544-45.6 He married, first, Elene Sinclair, relict of Sir John Mowbray of Barnbougall, Sir John having died in 1518.7 She was alive 9 October 1540. 8 Marioun Hay is mentioned along with Sir Alexander in a judicial proceeding dated 17 March 1544-45.9 He married lastly, apparently between April and De- cember 1549, Dame Marioun Wardlaw, Lady Dudhope.10 She was relict of James Scrimgeour of Dudhope, Constable of Dundee.11 She survived Sir Alexander, who djed ante 17 December 1551.12 He had issue by his first wife :— (i) Alexander (afterwards Sir Alexander) Hepburne, his successor. (ii) Elizabeth Hepburne, who was married to John Lundy, son and heir-apparent of Walter Lundy of that Ilk.13 Sir Alexander seems also to have left an illegitimate family, the members of which were people of some importance. On 7 July 1599 a case was heard at the instance of Patrick Hepburne of Riccartoun, eldest lawful son to umquhile Sir Alexander Hepburne of Riccartoun, only lawful brother to umquhile Mr. Robert Hepburne, parson of Hauche, etc.14 The same Mr. Robert was found by the Lords on 14 January 1623 to have been born bastard.15 He was styled successively of Duntarvy, of Magdalens (in the Lordship of Charter- house, co. Perth), and of Foord. Mr. Thomas Hep- burne, parson and proprietor of Auldhamstocks, called Mr. Robert his brother in his latter will, witnessed by Sir Alexander Hepburne of Quhitsum, and confirmed in the Commissariot of Edinburgh 14 July 1586 ; and Mr. Thomas is himself called natural son of Alexander Hepburne of Quhitsum on 12 June 1543. 1G It was pos- 1 Reg. Mag. Sig., 6 November 1535. 2 Edin. Com., xiv. 2 November 1584. 3 Reg. Mag. Sig. 4 Acta Parl. Scot., ii. 353, 409;— Reg. Mag. Sig., 31 December 1544. 5 Ibid. 6 Acts and Decreets, ii. 6, 14 March 1544-45. 7 MS. Acta Dom. Cone, et Sessionis, iv. 45; Acts and Decreets, i. 325. 8 Swinton Charters, Register Ho. 9 Acts and Decreets, ii. 7. 10 Obligation dated 15 April, registered 28 November 1549, Acts and Decreets, iii. 199. 11 Acta Dom. Cone., xxiv. 15, 15 July 1547. 12 Acts and Decreets, vi. 91. 13 Reg. Mag. Sig., 12 February 1548-49, confirming ch. of 16 August 1544. 14 Acts and Decreets, vol. clxxviii. 182. 15 Ibid., vol. ccclxix. 26. 16 Wedderburn Castle MSS., No. 573, p. 254. VOL. II. K 146 HEPBURN, EARL OF BOTHWELL sibly another illegitimate son of Sir Alexander who was killed in a sortie from the Castle of Edinburgh, 30 August 1571. l Alexander (afterwards Sir Alexander) Hep- burne was a minor at his father's death.2 He appears in possession of parts of Auldhamstocks in 1561 and 1562. 3 On 7 December 1565 he is men- tioned as Captain of certain horsemen on the side of the King and Queen ; 4 and he was ' first hous- hald man and familiar servaiid' to the King Consort.5 He was probably knighted on 12 May 1567.6 He met Queen Mary on her escape from Lochleven, 2 May 1568, and escorted her with a few horsemen towards Niddrie ; and he was soon afterwards detailed to attempt the seizure of Dunbar Castle, in which he was unsuccessful.7 He was forfeited by Parliament 19 August 1568 for not appearing to answer charges of treason.8 On 20 August 1568, King James vi., with consent of the Lord Regent, granted by letters under the Privy Seal to William Cunynghame, son and heir of Alexander, Earl of Glencairn, the escheat of Alexander Hepburne of Quhitsum, knight; which escheat the grantee afterwards disponed and transferred to the children of the said Sir Alexander.9 His forfeiture was rescinded by the Parliament held at Stirling 15 July 1578. 10 He married Jonet Cunynghame, sister to John Cunynghame of Glengarnock,11 and had issue by her : i2— a. Alexander Hepburne, who died v. p., ante 9 February 1589. 13 b. Patrick, his successor. g. Helen. c. Thomas. h. Jane. d. James. i. Katherine. e. Elizabeth. j. Marie. f. Margaret. He also had three other daughters, named Agnes, Marion, and Isabel.1* Patrick Hepburne, who succeeded, seems from references to him in the Register of the Privy Council of Scotland from 1593 to 1599 1 Cal. Scottish Papers, etc., iii. 676, No. 911. 2 Acts and Decreets, vi. 91, 17 December 1551. 3 Laing Charters, No. 728 ;— Acts and Decreets, xxviii. 381. 4 Reg. Privy Council, i. 410. 6 Cal. Scot. Pap., Bain, ii. 524. 6 Diurnal of Occurrents, Maitland Club, 1833, p. 111. The diarist gives the name of Alexander Hepburne of Benstoun. But there never was such a person; Benstoun was probably written in error instead of Quhitsum. Sir Alexander was undoubtedly knighted about that time. 7 Cal. Scot. Pap., Bain, ii. 424. 8 Acta Parl. Scot., iii. 54b. 9 Acts and Decreets, xliv. 196, 9 July 1569. 10 Acta Parl. Scot., iii. HOa. 11 Ibid. ; Reg. Mag. Sig., 16 August 1568. 12 Acts and Decreets, ut supra. 13 Reg. of Deeds, xxxviii. 129. 14 Ibid., xxxv. 188. HEPBURN, EARL OP BOTHWELL 147 to have been violent in disposition and of lawless life. He parted successively with the superiority of Whitsome — 'all that re- mained to him thereof,' 1 and with the lands of Wollines ; 2 and lost his right to Riccar- toun.3 He died before 20 November 1606.* He married, contract dated 5 April 1589, Susanna Napier (eldest lawful daughter of Sir Archibald Napier of Edinbellie, Knight, by Elizabeth Mowbray, his second wife6), who survived him.6 By her he had : — (a) Archibald Hepburne, eldest son,7 who was born in July 1594, 8 and died v.p. His brother Alexander was served heir to him.9 (6) Alexander Hepburne, who succeeded his father, lost the lands of Malcolms- toun, the last of the family proper- ties, by decision of the Lords of Council, on 14th March 1609. 10 He was served heir -general to his father 7th April 1619. n (c) Agnes Hepburne.™ 4. John Hepburne, Prior of St. Andrews, to whom Mr. George Hepburne, Dean of Dunkeld, is styled brother in a charter of January 1506-7.13 He founded St. Leonard's College in the University of St. Andrews in 1512, and about eight years later built a fine wall with turrets at proper distances round great part of the city upon his own charges.14 He was tutor to Patrick, third Earl of Bothwell, his great-grand-nephew, on 16 February 1516-17.15 He was alive on 20 July 1525,16 and died within a few months thereafter.17 5. Mr. George Hepburne, Dean of Duukeld, is designate brother-german to Patrick Hepburne, son to Patrick Hepburne, Lord Halis ; 18 also brother to John, Prior of St. Andrews (q.v.), and paternal uncle to George 1 Contract in Wedderburn Castle MSS., No. 136, p. 62. 2 Secretary's Register, Edinburgh, etc., ii. 4, 17 April 1602. 3 Acts and Decreets, ccxi. 428, 8 June 1605, and ccxl. 288, 14 March 1609. 4 Reg. of the Privy Council, vii. 274. 6 Reg. of Deeds, xxxv. 188. 6 Acts and Decreets, ccxl. 288, 14 March 1609. 7 Acts and Decreets. 8 Ibid., ccxviii. 10, 22 June 1605. 9 Ibid., ccxxxii. 456, 9 July 1608. 10 Acts and Decreets, cccvi. 353. u Inq. Gen. [820]. 12 Acts and Decreets, ccliii. 266, 9 June 1610. 13 Confirmed 8 February 1506-7, Reg. Mag. Sig. u Reliquiae Dim Andrew, by Mr. George Martine, 192. 16 Ada Dom. Cone., xxix. 4. 16 Exch. Rolls, xv. 242 n. 17 Ibid., 239 n. 18 Reg. Sec. Sig., liii. 176, penult. April 1586. 148 HEPBURN, EARL OF BOTHWELL Hepburne, Provost of Lynclowdane, Abbot postulate of Aberbrothoc.1 He was alive on 26 June 1509.2 6. Mr. Patrick Hepburne , Rector of the Church of Lyn- toun, whom Patrick, Lord Halis styles his beloved son in a charter dated at Halis 11 February 1462-63.3 7. Margaret Hepburne, married, first, before March 1451, to Patrick de Haliburtoun, afterwards third Lord Hali- burtoun.4 She was married, secondly, to Andrew Ker, eldest son of Andrew Ker of Auldtounburn, and first of Cessford,5 who predeceased her, dying v.p. between 13 October 1466,6 and April 1467.7 She was married thirdly to Archibald Forrester, Lord of Oorstorphine, whose spouse she was on 1st February 1479-80.8 8. Euphemia Hepburne^ married to Andrew, son and heir of Dungall Makdowell of Makerstoun.9 9. Elizabeth Hepburne, married to William Lundin of that Ilk before 1485, 10 and had issue. ADAM, Master of Hailes, afterwards styled of Dun- syre, was not of age to marry on 2 February 1448, the date of an indenture between Patrick Hepburne, Lord of Hailes, his father, and Sir Alexander Home of that Ilk, Knight (afterwards created Lord Home), which settled the contract of marriage between Adam and Elyne Home, Sir Alexander's daughter. The original contract is preserved in the Buc- cleuch Charter-chest.11 He is believed to have intrigued with the widowed Queen Marie of Gueldres, a young and beautiful woman.12 He attached himself to the party of the Boyds, and was concerned in the seizure of King James in. at Linlithgow on 9 July 1466, for which he ob- tained a remission from Parliament dated 13 October in the same year.13 He was Sheriff of Berwick on 7 April 1467.14 He had charter of confirmation of Dunsyre in the sheriffdom of Lanark, dated 13 October 1475, being therein 1 Liber S. Thome de Aberbrothoc, ii. 350. 2 Scotts of Buccleuch, ii. 117. 3 Wedderburn Castle MSS. ut supra, No. 596, p. 261. 4 Reg. Mag. Sig., 28 March 1451. 5 Fourteenth Rep. Hist. MSS. Com., App. iii. 17. 6 Reg. Mag. Sig., 25 October 1466. 7 Fourteenth Rep. Hist. MSS. Com., loc. cit. 8 Laing Charters, No. 179. 9 Reg. Mag. Sig., 4 February 1477-78. 10 M. C. of Thomas Lundin, their eldest son, 4 July 1488, at Drummond Castle. u Scotts ofBuccleuch, ii. 39. The marriage is said to have taken place in 1460 ; vide Bannatyne Miscellany, iii. 275. 12 Pinkerton, i. 252. 13 ActaParl. Scot., ii. 185. H Wedderburn Castle MSS. ut supra, No. 586, p. 258. HEPBURN, EARL OF BOTBTWELL 149 styled 4 of Dunsyre.' l He died in or before 1479, in which year his son Patrick had a sasine in succession to him.2 His wife survived him, and was married secondly (as his second wife) to Alexander Erskine, then son and heir-apparent of Thomas, Lord Erskine. She was his spouse on 15 July 1480, when she had sasine of her terce of the barony of Dunsioure.3 Adam, Master of Hailes, and Elyne Home had issue : — 1. PATRICK HEPBURNE, who succeeded as second Lord Hailes, and was subsequently created Earl of Both- well ; of him after. 2. Adam (afterwards Sir Adam) Hepburne, styled jure uxoris of Oraggis (or Crags). On 16 October 1489 he was designate brother-german of Patrick, Earl of Bothwell; he was at that time attached to the household of King James iv. ; and on 30 March 1497 (or 1498) he jvas Master of the King's Stable.4 He had with his spouse, on 24 March 1503-4, charter of the lands and barony of the Oraggis in the sheriffdom of Forfar.5 He was killed at the battle of Flodden, 9 September 1513.6 His testament was confirmed in the Oommissariot of Edinburgh, 20 August 1514.7 He married Elizabeth, one of the two daughters and co-heirs of the deceased Walter Ogstoun of that Ilk,8 by whom he had issue : — (1) John Hepburne, to whom Patrick Hepburne, 'son to umquhile Patrick, Erie Bothuile,' and his assignees, were on 12 June 1516 appointed curators ' becaus he was by the hand of God dum and deft unnaturale.' 9 He was dead before 6 March 1524-5, when his sisters were designate as his heirs.10 (2) Elizabeth Hepburne, who was married to Mr. Alexander Livingstoun of Dunipace, co. Stirling.11 He survived his spouse, who was dead on 6 October 1548. 12 (3) Elena (or Helen) Hepburne, who was married at Boltoun, on 5 November 1510, to Sir Patrick Hepburne, younger of Wauchtoun, under a dispensation granted by Alexander, Archbishop of St. Andrews, which was rendered necessary by the fact that the parties were related in the third and fourth, or fourth and fourth degrees of consanguinity.13 How 1 Reg. Mag. Sig. 2 Exch. Bolls, ix. 679. 3 Protocol Book of Stirling, A.D. 1469-1484, p. 48. 4 Reg. Mag. Sig. 5 Ibid. 6 Ibid., 25 October 1513 ;— obligation dated 17 May 1542, printed in Fasti Aberdon. 116. 1 Reg. of Testaments. 8 Reg. Mag. Sig., 24 March 1503-4. 9 Reg. Sec. Sig., v. 59. 10 Acta Dom. Cone., xxxv. 1. n Reg. Mag. Sig., 18 November 1528. 12 Laing Charters, No. 545. l3 Ibid., No. 278. 150 HEPBURN, EARL OF BOTHWELL they were related is not known. Sir Patrick died in 1547. l His wife died before 29 April 1560, on which date her son, Patrick Hepburne of Wauchtoun, was served heir-in- general to her.2 (4) Janet Hepburne. She was married, first, to John Somer- ville, son and apparent heir of Sir John Somerville of Cambusnethan, whose spouse she was on 13th March 1511-12.3 This marriage was dissolved in 1515- 16, 4 and she was again married, and was wife of James Auchinleck of Kemnay, co. Aberdeen, on 1 June 1528.5 She was dead before 3rd March 1549, on which date William Auchinleck, her son, was served heir to her.6 3. Mr. George Hepburne, a Churchman, was first pre- ferred to the Provostry of the Collegiate Church of Lincluden, in the Diocese of Glasgow. On 9th February 1503-4 he was postulate Abbot of Arbroath, when George Hepburne, Dean of Dunkeld, designate his paternal uncle, was a witness to the instrument of postulation.7 He was appointed Lord High Treasurer of Scotland in 1509,8 but resigned the appointment in a few months ; 9 consecrated Bishop of the Isles 1510 ;10 and was Commendator of the Abbeys of Arbroath and Icolmkill.11 He was killed at the battle of Flodden, 9 September 1513.12 4. Margaret Hepburne, who is mentioned, otherwise undesignate, as spouse of Henry, Lord Sinclare, on 4 December 1488,13 seems to have been a daughter of Adam, Master of Hailes. Her husband was killed at the battle of Flodden, 9 September 1513,14 and she survived him many years. She died before 8 November 1543.15 On 1 April 1549, Mr. John Hepburne, Parson of Dairy, who was a natural son of Mr. John Hepburne of Beinstoun,16 was mentioned as one of her executors.17 5. Elizabeth Hepburne, who was married to Alexander, Master of Home. 1 Testament, noted by the late Mr. Alexander Sinclair. 2 Genealogist, January 1895, xi. 146. 3 Reg. Mag. Sig. 4 Liber Officialis S. Andrece, 1845, 7. 5 Reg. Mag. Sig. 6 Inq. Spec. Aberdeen [10]. 7 Liber S. Thome de Aberbrothoc, ii. 350. 8 Crawfurd's Lives of Officers of State, 368. 9 Treas. Acts, iv. x. 10 Keith's Cat., 187. n Reg. Mag. Sig. , 10 November 1512. 12 Fasti Aberdon., 116. 13 Reg. Mag. Sig. ; cf. charter dated 9 January 1493-94, ibid. 14 Crawfurd's Peerage, 444. 16 Bannatyne Misc., iii. 284. 16 Reg. Mag. Sig., 29 May 1534. 17 Acts and Decreets, iii. 2. HEPBURN, EARL OF BOTHWELL 151 II. SIR PATRICK HEPBURNE of Dunsyre, Knight, was Sheriff of Berwick on 15 June 1480. l He succeeded his grandfather as second Lord Hailes shortly after 6 December 1482. He was one of the Conservators of a truce with England, 20 September 1484.2 He was one of the leaders of the Confederate Lords who rebelled against King James in.,3 and he led the van against the royal array at the battle of Sauchieburn, 11 June I486.4 Birrel seems to have believed that he was one of those responsible for the murder of King James after the battle.5 Under the new reign he rose to great power and held many offices. He became Master of the King's Household,6 and custodian of the Castle of Edinburgh for seven years, and Sheriff- Principal of Edinburgh and of the constabulary of Hadding- ton, 26 June 1488.7 He was appointed Great Admiral of the Kingdom for Jus life on 10 September I486.8 On 13 October in the same year he had a Crown charter of the lordships of Crichtoun and Bothwell, in the King's hands by reason of the forfeiture of John Ramsay, formerly Lord Bothwell.9 On the 17th of the same month the lordship of Bothwell was erected into an earldom in his favour, and he was belted EARL OF BOTHWELL in full Parliament.10 He was made guardian to the Duke of Ross, the King's brother,11 and Steward of Kirkcudbright and Keeper of the Castle of Trief or Thrieve for life, on 5 November 1488.12 On 29 May 1489 he and John, Prior of St. Andrews (his uncle), and the survivor of them, had charters of the lands and lordships of Orkney and Shetland for thirteen years, and also of the Jus- ticiary and Bailiary thereof, and the custody of the Castle of Kirk wall.13 He was appointed Warden of the West and Middle Marches on 14 July 1489,14 and had charter of the lands and lordship of Liddesdale, with Hermitage Castle, etc., on the resignation of Archibald, Earl of Angus, 6 March 1491-92,15 the latter getting the lordship of Bothwell, which he, Patrick, Earl of Bothwell, resigned.16 King James iv., on coming of age, issued in the Parliament held at 1 Reg. Mag. Sig. 2 Fcedtra, v. pt. iii. 152b. 3 Acta Parl. Scot., ii. 210, 211, 269, 270. 4 Ty tier's Hist, of Scot., iv. 319. 5 Diary of Robert Birrel, 1532-1605, printed in [Dalyell's] Fragments of Scottish History, 3. 6 Reg. Mag. Sig., 25 June 1488. 7 Ibid. 8 Ibid. 9 Ibid. 10 Acta Parl. Scot., ii. 206b. 11 Ibid., 211a. 12 Reg. Mag. Sig. 13 Ibid. " Acta Parl. Scot., ii. 214b. is Begt MaQt sig. 16 Ibid., 4 July 1492. 152 HEPBURN, EARL OP BOTHWELL Edinburgh on 26 June 1493, a general revocation of all grants made during his minority ; but the grants to Patrick, Earl of Bothwell, were specially excepted.1 He was Captain of Dumbarton Castle 1 April 1495.2 He had charter of confirmation of the lands of Fairnington, co. Roxburgh, on 24 January 1506-7,3 and charters of many other estates at various dates.4 He was one of the pleni- potentiaries sent to conclude the treaty for the marriage of King James iv. with Princess Margaret of England in October 1501,5 and he stood proxy for the King at the ceremony of betrothal on 25 January 1501-2.6 He died on 18 October 1508.7 He married first, before 1 February 1480-81, 8 Janet (or Joanna) Douglas, daughter of James, (first) Earl of Morton, by Princess Joan, 4 the dumb lady,' 9 daughter of King James i., and by her,10 who died before 21 February 1490-91, he had issue :— 1. Jane, or Johanna, otherwise Jonet or Janet, Hepburne, who was married, before December 1506, to George, son and apparent heir of George, (second) Lord Seton, who afterwards succeeded as third Lord Seton.11 He was killed at the battle of Flodden 9 September 1513.12 She survived him, and lived many years at the Convent of St. Catherine of Sienna, commonly called 4 the Sciennes,' in the Burgh Muir of Edinburgh, which was built principally at her expense.13 She died after 10 May 1558,14 and was buried beside her husband in the choir of Seton Church.15 He married, secondly, contract dated 21 February 1490-91, Margaret Gordon, daughter of George, Earl of Huntly, who, with Alexander Lord Gordon, his son, was the other party to the contract. The object was the marriage of Earl Bothwell with ' ane of the tua douchters ' of the Earl of Huntly, 'Margaret or Katherine, quhilk of thame that 1 A eta Part. Scot, ii. 237a. 2 ActaDom. Cone., 381. 3 Reg. Mag. Sig. 4 Ibid., passim. 6 Pinkerton, ii. 39. 6 Protocol Book, June 1519— April 1528, in the Council Chambers, Edinburgh, fol. 1. 7 Bannatyne Miscel- lany, iii. 276. 8 Eeg. Mag. Sig. 9 Exch. Rolls, v. preface, Ixviii, Ixix, and note ibid. 10 Douglas Book, ii. 43. n Acta Dom. Cone., xviii. pt. ii. 30 ; History of the Family of Seton, by George Seton, i. 108, 112. Mr. Seton's numbering of the Lords Seton is incorrect. 12 Ibid., Ill ; Acta Dom. Cone. 13 Maitland's History of the House of Seytoun, Maitland Club 1829, 38. 14 Black barony Writs ; Seton's Family of Seton, i. 116. 15 Ibid. HEPBURN, EARL OF BOTHWELL 153 sail best pies the said Erie Bothville.' 1 His choice fell upon the Lady Margaret.2 He was bound by his indenture to con- tract the bonds of spousage before 20 April 1491, and to com- plete the marriage in the face of Holy Church ' thaireaftir als hastely as it may be upone law.' He had by her :— 1. ADAM HEPBURNE, who succeeded as second Earl of Bothwell ; of him after. 2. Patrick Hepburne, who was probably born circa 1494. On 27 May 1515 he was designate tutor-lawful and heir of Patrick, Earl of Bothwell, his nephew, and signed his name 4 Patrick, Master of Hailes.' 3 Patrick, (third) Earl of Bothwell, was designate his brother's son on 7 July 1542.4 He is frequently styled ' of Boltoun,' as he held a part of that barony, which his father had also held in ward as part of the forfeited possessions of umquhile Archibald, Lord Haliburtoun,5 and he had acquired fresh rights to the lands from Alexander, Master of Home.6 In September 1516 he was acting as Sheriff of Hadding- tonshire.7 On 16 February 1516-17 he is mentioned as Admiral-Depute.8 In June 1526 he harboured certain rebels in his tower of Boltoun, which was burnt by the force sent by King James v. to take them.9 On 6 April 1529 he had a remission for treasonable assistance given to the Homes.10 On 12 September 1541 he was Sheriff of Berwick for the time.11 He died 31 October 1576. His testa- ment was confirmed 23 October 1577.12 He married first, Dame Nicholas Home, Lady Herries, daughter of Alexander, (second) Lord Home, and Nicholas Ker, and relict of Andrew, (second) Lord Herries ; 13 and secondly, Katherine Fleming, who sur- vived him.14 By his first wife 1S he had issue :— 1 Original contract at Gordon Castle, Spalding Club Misc., iv. 136. 2 Acta Dom. Cone., xiv. 59. 3 Twelfth Rep. Hist. MSS. Com., Appendix, pt. viii., MSS. of the Earl of Home, 128. 4 Acts and Decreets, i. 33. 6 Acta Dom. Cone., 340, 26 June 1594. 6 Mss. of the Earl of Home, supra tit., 149. 7 Acta Dom. Cone., xxviii. 32. 8 Ibid., xxix. 4. 9 Acta Part. Scot., ii. 307a, 432a. 10 Pitcairn's Criminal Trials, Edinburgh, 1833, i. pt. i. 243. 11 Acta Dom. Cone., xvi. 143. 12 Edin. Tests. 13 Acta Dom. Cone., xxvii. 157, 24 January 1515-16, xxxvii. 29; Laing Charters, No. 499 ; Acts and Decreets, i. 33, 7 July 1542. 14 Testament, ut supra. 16 Acts and Decreets, i. 33, 7 July 1542. 154 HEPBURN, EARL OF BOTHWELL 1) Patrick Hepburne, of whom after. 2) Jean Hepburne, who was married to John Hay of Talla. Patrick, Earl of Bothwell, on 31 May 1547 granted to her and her husband the non-entry of the lands of Birkinsyde, co. Berwick, and Fairnington, co. Roxburgh, fallen to him by the decease of umquhile Patrick Hepburne, her brother.1 She died in the month of February 1575. 2 Patrick Hepburne was usually styled of Fairnington, but occasionally of Birkinsyde.3 He was appointed Sheriff of Lothian within the Constabulary of Haddington, and licensed to hold any other office, in August 1531, although not yet of lawful age.4 He died after 19 December 1541,6 and before January 1547-48. 6 He married Agnes Hoppringle, daughter of George Hop- pringle of St. John's Chapel, by Elizabeth Ker.7 By her he had an only daughter, Marie (or Marioun) Hepburne, who is also called (in deeds of date posterior to her death) Margaret and Manie. She was married, contract dated 14 September 1551, being therein designate 'dochter and air to umquhile Patrick Hepburne of Phairnyngtoun, and nece (i.e. granddaughter) to Patrick Hepburne of Boltoun,' to James Hamilton of Sprouston and St. John's Chapel, brother to John, Archbishop of St. Andrews.8 She died in the month of July 1571. Her testament was confirmed 27 February 1575-76.9 3. William Hepburne of Rollandstoun was designate paternal uncle of Patrick, (third) Earl of Bothwell, on 13 March 1538.10 He was dead before 25 March 1558.11 He married Marioun Maxwell, by whom 12 he had : — (1) James Hepburne, his successor, of whom after. (2) Janet (also called Jayne) Hepburne, who was married to George Hepburne of Pannywell, Barony of Spott, co. Had- dington.13 James Hepburne, burgess of Perth, first designate of Rol- 1 Reg. of Deeds, xxv. 10, 16 June 1586. Robert, son and heir of Patrick Hepburne of Birkinsyde, and James Hepburne his eldest son and apparent heir, appear in Acts and Decreets, cxxxviii. 321, 9 December 1592 ; but their connection, if any, with this family, does not appear. 2 Edin. Tests., 5 February 1576-77. 3 Acts and Decreets, xxvi. 114, 18 March 1562-63. 4 Reg. Sec. Sig., ix. 32. 5 Ada Dom. Cone, et Sess., xvii. 70. 6 Ibid., xxiv. 98, etc. 7 Acta Dom. Cone, et Sess., xxiv. 98, 15 January 1547-48; 115, 6 February 1547-48 ; 151, 17 March 1547-48 ; xxvii. 5, 14 September 1551. 8 Acta Dom. Cone, et Sess., xxvii. 5. 9 Edin. Tests. 10 Reg. Mag. Sig. n Banna- tyne Misc., iii. 293. 12 Reg. Mag. Sig., 12 August 1569. 13 Retour of Patrick Hepburne her son, dated 25 May 1596, Sheriff Court Records, Perth ;— Decreets, Commissariot of Edinburgh, 29 January 1570. Anna- bella Hepburne, spouse of George Soutar, son to John Soutar, alias Johnstoun, in Banchrie (Reg. Mag. Sig. , 8 December 1586), may perhaps have been another daughter. HEPBURN, EARL OF BOTHWELL 155 lanstoun, afterwards of Furde (or Foord), and finally of Magdalens in the lordship of Charterhouse, Perthshire, had with his spouse on 12 August 1569 charter of part of the lands of Rollanstoun, co. Berwick, which formerly per- tained to Mr. William Hepburne of Rollanstoun and Marioun Maxwell his spouse, father and mother of the said James.1 He died s.p.m. 15 April 1596. His testament was confirmed 20 July 1596. 2 Patrick Hepburne, his sister's son, was served heir to him 25 May 1596.3 He married Jonet Oliphant, daughter of John Oliphant, burgess of Perth, son of John, Lord Oliphant,4 and relict of Andrew Moncrieff, burgess of Perth.6 4. John Hepburne, Bishop of Brechin. Died 1558. Keith. states that this Bishop was descended of the family of Bothwell.6 In Douglas's Peerage he is inserted here, and it is added that he was consecrated in 1517. But several charters in the Register of the Great Seal, the Laing Charters, and the Southesk Charters cited in the THegistrum Episcopatus Brechinensis, Bannatyne Club, Aberdeen, 1856, preface, p. xii, give each a different year for that of his consecration. On the whole it seems probable that he became Bishop in 1521 or 1522. It has been stated that the name of George Hep- burne occurs in some records, under date 1510 and 1519, as another son of Patrick, first Earl of Both- well ; but this lacks confirmation. 5. Margaret Hepburne, who was married, contract dated 26 June 1509, to Archibald Douglas (son of George, Master of Angus), who afterwards succeeded as sixth Earl of Angus. The contract of marriage is preserved in the Buccleuch charter-chest. John, Prior of St. Andrews, George, Abbot of Aberbrothok, Adam Hepburne of the Oraggis, and Mr. George Hepburne, Dean of Dunkeld, were parties on behalf of Adam, Earl of Bothwell, brother of the bride.7 She died in 1513, it is said, in childbed, leaving no surviving issue.8 There is in the Lyon Office a certificate of arms dated 1 May 1779, in which it is stated that Margaret Hepburne, wife of John Murray of Falahill, heredi- 1 Reg. Mag. Sig. 2 Edin. Tests. 3 Sheriff Court Records, Perth. 4 Ibid., 1 August 1573. 5 Reg. of Deeds, xv. 217b. 6 Catalogue, p. 97. 7 Scotts of Buccleuch, ii. 117. 8 Douglas Book, ii. 177. 156 HEPBURN, EARL OP BOTHWELL tary Sheriff of Selkirkshire, was daughter of Patrick, first Earl of Bothwell. The lady in question seems to have been previously married to John Oockburn, younger of Ormiston, who died in or before 1512.1 III. ADAM HEPBURNE, born circa 1492, succeeded as second Earl of Bothwell on 18 October 1508. He was served heir to his father in the lordship of Liddesdale on 7 November following.2 On 4 May 1509 he petitioned the Lords of Council for the appointment of curators, and accordingly John, Prior of St. Andrews, and Sir Adam Hepburne of Oraggis were nominated.3 On 27 August 1511 he had a Grown charter of grant and confirmation of vast estates in the shires of Edinburgh, Berwick, Rox- burgh, Dumfries, Kirkcudbright, and Lanark, and of the offices of Sheriff of Edinburgh, and of Edinburgh within the Constabulary of Haddington, and of Berwick ; Bailie of Lauderdale, and Admiral of Scotland; all which had been held by his father.4 On the day following the King granted the barony and Castle of Orichton and others, on the resignation of Adam, Earl of Bothwell, to Agnes Stewart, (daughter of the deceased James, Earl of Buchan),5 whom he married, doubtless immediately afterwards. On 14 November 1512 a charter of the same date granted by Adam, Earl of Bothwell, with consent of his curators, was confirmed.6 He was killed at the battle of Flodden, 9 September 1513, having distinguished himself in command of the reserve during the action.7 Agnes Stewart was natural daughter of James, Earl of Buchan, who was second son of Sir James Stewart, the Black Knight of Lorn, by Queen Joan, widow of King James I.,8 and thus uterine brother of King James n. She had before her marriage borne to King James IT. a daughter named Janet Stewart, who was married (contract penult February 1523) to Malcolm (third) Lord Fleming.9 The spouses had a charter dated 28 October 1527, wherein she is designate sister of the King (i.e. of King James v.).10 Agnes, Countess of Bothwell, was married, secondly, on 1 Vide Exch. Rolls, xiii. 663. 2 Original Retour quoted in Scotts of Buccleuch, ii. 111. 3 Acta Dom. Cone., xx. 182. 4 Reg. Mag. Sig. 5 Ibid. 6 Ibid. 7 Pinkerton, ii. 104-105. 8 Exch. Rolls, v. Hi. 9 Analecta Scot., 2nd series, ii. 50. 10 Reg. Mag. Sig. HEPBURN, EARL OP BOTHWELL 157 3 June 1514, to Alexander (third) Lord Home, Great Cham- berlain of Scotland,1 who was executed for treason on 8 October 1516.2 She was married, thirdly, between 4th December 1520 3 and the date of a document preserved in the library of the Society of Antiquaries of Scotland (of which the year 1526 is entered, but not the day or month of execution), to Robert (fourth) Lord Maxwell. The deed is a gift of certain lands to him and Agnes, Countess of Bothwell, his spouse. Lord Maxwell died in the year 1546.4 She was married, fourthly, before 13 December 1549, to Cuthbert Ramsay,5 brother-german to George Ramsay of Dalhousie,6 who is designate Captain of Orichton,7 and styled burgess of Edinburgh in the testament of Jonet Fleming his relict spouse, confirmed 3 October 1570.8 Agnes Stewart, Countess of Bothwell, bastard, natural daughter of the deceased James, Earl of Buchan, obtained letters of legitimation from Queen Mary on 31 October 1552.9 She died in the month of February 1557. After her death the Queen, notwithstanding the legitimation, made a gift to James, Earl of Bothwell (the Countess's grandson), of the escheat of her goods moveable and immoveable, by reason of her having been born and died bastard; and Cuthbert Ramsay brought an action against the Earl in consequence.10 The widower was long at feud with his late wife's son and grandson. Earl Patrick on one occa- sion seized him when on his way to Stirling to visit Mary of Lorraine the Queen-Dowager, and imprisoned him in Crichton Castle.11 Adam, second Earl of Bothwell, had by Agnes Stewart his wife, an only son, IV. PATRICK HEPBURNE, who was an infant about a year old when he succeeded as third Earl of Bothwell on 9 September 1513. He appears to have been under the 1 Laing Charters, No. 301. 2 Leslie's Hist, of Scot. ed. Scot. Text Soc., ii. bk. ix. cap. cv. 165. 3 Laing Charters, No. 325. 4 MS. Inquis. Retorn. Reg., H.M. Reg. Ho., i. 167. 6 Acts and Decreets, iii. 223. ° Ibid., xiv. 394. 7 Commission by Agnes, Countess of Bothwell, 12th March 1553, Protocol Book of Thomas Steven, N.P., Haddington, Bannatyne Misc. ii,i. 416. 8 Edin. Tests. 9 Reg. Mag. Sig. 10 Acts and Decreets, xiv. 282, 8th April 1557, and 395, 27th April 1557. n Ibid., xv. 88, 3 June 1557. 158 HEPBURN, EARL OF BOTHWELL tutory of Patrick, Master of Hailes, in May 1515, 1 but on 26 February 1525-26 Patrick Hepburne, Prior of St. Andrews (afterwards Bishop of Moray), was his tutor.2 He had a charter dated 28 January 1528-29 of the lordship and Castle of Tantallon, in the King's hands by reason of the forfeiture of Archibald, Earl of Angus.3 Some months afterwards he was committed to ward in the Castle of Edinburgh,4 where he remained till about the end of the year 1529. On 26 April 1531 he was appointed a Lord of the Articles.5 In December of that year he entered into treasonable correspondence with Henry vni., which being discovered he was again imprisoned in Edinburgh Castle; and he was still in confinement in July 1533 .e In September 1538 King James v. compelled him to resign the lordship of Liddesdale, which, with Hermitage Castle,7 was annexed to the Crown on 10 December 1540.8 At the same time the Earl was banished the kingdom.9 He appears to have returned soon after the death of James v. on 14 December 1542, and on 13 March 1542-43 he began proceedings which resulted in his regaining possession of the lordship of Liddesdale.10 He seems at this time to have been in the French interest,11 possibly with a view to furthering his suit for the hand of Mary of Lorraine, the Queen-Dowager, who, he wrote on 1 April 1549, 'promest faithfullie, be hir hand writ, at tua sindre tymis, to tak the said Erie in mariage.'12 It was doubtless in the hope of this alliance that he procured a divorce from Agnes Sinclair, his spouse, before 16 October 1543 ; but his expectation was disap- pointed, and he again intrigued with the English, traitor- ously corresponded with the Earl of Hertford during the invasion of Scotland in 1544, and was summoned for treason in Parliament in November of that year,13 but had a remis- sion, with consent of the Estates, on 12 December there- after.14 One of the crimes charged against him was the acceptance of great gifts and sums of money from Henry vni. He may have been the more easily tempted by bribes 1 Mss. of the Earl of Home, supra cit. 2 Caledonia, ii. 447, quoting Cottonian MSS., B.M. ' Caligula,' vii. 30. 3 Reg. Mag. Sig. 4 Leslie's History, vol. ii. Book ix. cap. cv. 219. 6 Acta Parl. Scot., ii. 333. 6 Pinkerton, ii. 312, 321. 7 Ibid., 353. 8 Acta Parl. Scot. , ii. 361. 9 Pit- scottie, ed. 1814, ii. 358. 10 Acta Parl. Scot., ii. 424*. " State Papers and Letters of Sir Ralph Sadler, i. 170. 12 Bannatyne Misc., iii. 414. 13 Acta Parl. Scot., ii. 447-449. 14 Ibid., 451. HEPBURN, EARL OF BOTHWELL 159 that he was heavily in debt ; the Register of the Great Seal about this time contains charters of apprising of several of his estates granted to his creditors.1 He again underwent a term of detention as a state prisoner, and was only released after the battle of Pinkie,2 which took place on 10 September 1547. He was subsequently deprived of his Castle of Hailes, which was committed by Arran, the governor, to the keeping of John, Lord Borthwick, on 28 February 1547-48.3 After this Earl Patrick renounced his allegiance and adhered to England,4 and on 3 September 1549, in consideration of his having acknowledged his duty to King Edward vi. as his natural sovereign lord and king, the latter formally took him under his protection.5 On 23 May 1550 the Queen-Dowager, Governor, and Council once more gave order that he should be prosecuted for treason ; but he appears to have been afterwards rehabili- tated, as he died at Dumfries in September 1556, 'Lieu- tenant in the honourable service of the realm.'6 He married in 1533 or 1534 7 Agnes Sinclair, who is designate daughter to Dame Margaret, Lady Sinclair.8 Dame Margaret was the wife of Henry, first Lord Sinclair, and seems to have been daughter of Adam, Master of Hailes. If this parentage is correct it was doubtless by putting forward the near relationship (if no dispensation had been obtained) that Earl Patrick procured the divorce from her which was decreed before 16 October 1543.9 At the time of or after the divorce, he gave her a charter of the lands of Morham under reversion of 3000 marks.10 On 8 November 1543 she granted a reversion of the said lands, wherein she styles herself 'dochter to umquhile Margaret, Lady Sinclare.' The lands were to be redeem- able on her re-marriage or death.11 It does not appear 1 Cf. Bannatyne Misc., iii. 305. 2 Leslie's History, ii. bk. x. p. 301; —Somerset's Expedition into Scotland, printed in [Dalyell's] Fragments of Scottish History, 81. 3 Keith's History of the Affairs of Church and State in Scotland, i. Appendix, 56. 4 Letters, etc., in the Bannatyne Misc., iii. 409 et seq. 6 Ibid. ; Fcedera, vol. vi. pt. iii. p. 173. 6 Acts and Decreets, Ixxix. 204, 22 March 1579-80 ; Rent, on the Hist, of Scotland, by Sir D. Dalrymple, 1773, 173, 175. * Bannatyne Misc., iii. 278. 8 Acts and Decreets, xv. 84, 3 June 1557. 9 The Hamilton Papers, ii. 110. 10 Precept for ch. of confn. of this and two other charters granted by him in her favour seems to be in Reg. Sec. Sig. xxvii. 14, 13 March 1553. n Charter from the Newhailes Muniments, Bannatyne Misc., iii. 284. 160 HEPBURN, EARL OF BOTHWELL that the lands were ever redeemed, and they seem to have descended to Jane, Mistress of Botliwell.1 Agnes, Countess of Bothwell, was frequently styled ' the lady of Morham ' for the rest of her life.2 She died in 1572, having made a will on 21 March in that year, which was con- firmed on 22 February 1574-75.3 Patrick, third Earl of Bothwell, had by her4 one son and one daughter : — 1. JAMES HEPBURNE, who succeeded as fourth Earl of Bothwell ; of him after. 2. Jane Hepburne (also called Joanna and Janet), fre- quently styled Mistress of Bothwell. On 24 July 1556 this lady was handfasted to Robert Lauder, younger of the Bass, in presence of Sir Walter Robertson, vicar of Aberdour.5 Robert Lauder be- came bound by contract of marriage, dated 12 August 1556, under penalty of £4000 Scots, to com- plete the bond of matrimony in face of Holy Church before Michaelmas next thereafter, which, however, he failed to do ; an inhibition to the recording of the contract, dated 10, was registered 12 September 1556,6 and accordingly the Mistress of Bothwell brought an action for the amount of forfeit, which was heard 20 December 1558. She is designate in the record lawful daughter to umquhile Patrick, Earl Bothwell, and James, Earl Bothwell, is styled her brother-german.7 She was three times married : — First, on 28 December 1561, 8 to John Stewart, Com- mendator of Coldingham, a natural son of King James v.,9 by Katherine Carmichael, daughter of Sir John Carmichael, captain of Crawford Castle, and afterwards married to Sir John Somerville of Cambusnethan.10 He was styled by courtesy *Lord John,' until created Lord Darnley, before 7 February 1562-63.11 He died in October 1563.12 Francis Stewart, 1 Reg. of Deeds, vol. xx. pt. ii. 393, 9 March 1581. 2 E.g. in Acta Doin. Cone, et Sess. xxxviii. 286. 3 Edin. Tests. 4 Precept of Sasine 1 December 1564, in Smeaton Charter-Chest, Bannatyne Misc., iii. 302. 5 Carte Monialium de North Berwic, Appendix, 72. 6 Reg. of Deeds, i. 440. 7 Acts and Decreets, xviii. 376. 8 Scottish Kings, by Sir Archibald Dunbar, Bart., 239. 9 Reg. of Privy Council, xiv. 272. 10 Memorie of the Somervilles, i. 373-386. n Reg. of Deeds, vol. vi. pt. ii. 12. 12 Acts and Decreets, xxxvi. 104. HEPBURN, EARL OF BOTHWELL 161 the eldest son of this marriage, was created Earl of Both well by King James vi. in consideration of his extraction on the mother's side. His charter of the comitatus was dated 16 June 1581. l Jane Hepburne was married Secondly, between 10 December 15652 and 16 January 1566-67, to John Sinclair, Master of Caithness, eldest son of George, (fourth) Earl of Caithness,3 who died about 1577-78.4 His widow was married Thirdly, to Mr. Archibald Douglas, rector of Douglas, one of the Senators of the College of Justice,5 who was brother to William Douglas of Whittinghame,6 a cadet of the house of Morton. Earl Patrick left an only natural daughter, named Margaret Hepburne, who was under age at his death in September 1556. He left to her by his latter will, made at Dumfries, the profits of the marriage of Walter Scott, son and heir of umquhile Sir William Scott of Kirkurd, of which he had a gift from Queen Mary.7 Margaret Hepburne seems to have been married in or before April 1585, to Mr. James Durhame, silversmith to King James vi.,8 who is elsewhere designate ' of Duntarvy.' 9 He was son of Alex- ander Durhame, also silversmith to the King,10 and was Comptroller Depute and Clerk of Expenses in the Royal Household in 1588.11 V. JAMES HEPBURNE (afterwards fourth Earl of Bothwell, and created Duke of Orkney) was probably born in or before 1535. He seems to have been of age at his father's death. There is no mention of any dispensation on account of nonage when he had sasine of the earldom of Bothwell, etc., on 9 November 1556.12 He was undoubtedly of age on 17 March 1557-58, as on that date he entered into a contract without the consent of curators.13 He is said to have been brought up at Spynie Castle, the residence of his kinsman, 1 Reg. Mag. Sig. 2 Acts and Decreets, xxxvi. 104. 3 Ibid., xxxviii. 296. 4 Orig. Parochiales, ii. 811 ; Professor Schiern's Life of the Earl of Bothwell, Berry's ed. 1880, App. , 408, gives date 1573, but without authority. 5 Reg. Privy Council, iii. 371. 6 Ibid., i, 437. 7 Acts and Decreets, Ixxvi. 42, 1 May 1579, and Ixxix. 204, 22 March 1579. 8 Reg. Sec. Sig., liii. 80, 29 November 1585. 9 Reg. Mag. Sig., 15 August 1588. 10 Eocch. Rolls, xxi. 548. » Ibid., 366. 12 Ibid., xviii. 609. 13 Reg. of Deeds, ii. 420. VOL. II. L 162 HEPBURN, EARL OF BOTHWELL Patrick, Bishop of Moray,1 perhaps in consequence of his father's divorce, banishment, and frequent imprisonments. The Bishop's notoriously irregular life must have been of bad example to the youth.2 He succeeded his father in the month of September 1556, and was served heir to him on 3 November following.3 On 12 November he took the oaths de fideli administratione as Hereditary Sheriff of Edinburgh and of Berwick, Bailie of Lauderdale, and Great Admiral of Scotland/ On 25 March 1558 Earl James executed a charter entailing the earldom of Bothwell, his baronies, and his heritable offices, on his well-beloved cousin William Hep- burne, brother-german of Patrick Hepburne of Wauchtoun, and the heirs-male of his body, and the following substi- tutes : 1. Alexander Hepburne of Whitsome ; 2. Patrick Hepburne of Kirklandhill ; 3. James Hepburne, son and heir of umquhile William Hepburne of Rollanstoun ; 4. Henry Hepburne of Fortoun; and the heirs-male of their bodies respectively : reserving his own liferent of the same. Sasine to William Hepburne followed on 28 March 1558; and on the same date he executed a charter of reversion of the whole, on payment of a nominal sum by the Earl or his heirs-male.5 This William was afterwards designate of Gilmerton, and sometimes of Orashaws or Oracho.6 He married, contract dated 24 January 1561, Margaret Home, daughter of George Home of Broxmouth,7 and was by her ancestor of the family of Hepburne of Newton of Whitsome. This is a very incomprehensible transaction. It seems possible that Earl James's object may have been to prefer another to his probable successor James Hepburne (after- wards of Rollanstoun), a peaceful burgess of Perth, with whom he perhaps had small sympathy. But the prescribed line of succession seems entirely arbitrary and capricious ; and there is no trace of any attempt to get the charter confirmed by royal authority, without which it would have been of no effect. At the date of the charter the next heir to the honours 1 Buchanan's De Maria Scotorum Regina, ed. 1571, 54. 2 Knox's Hist, of the Reformation, Laing's ed., 1856, i. 41. 3 Acts and Decreets, xlii. 56. 4 Acta Dom. Cone, et Sess., xxix. 32. 5 Original doc. from the Newhailes Charter-chest, Bannatyne Misc., iii. 293 et seq. 6 Deed in the Elibank Charter-chest. 7 Reg. of Deeds, v. 2, HEPBURN, EARL OF BOTHWELL 163 was Patrick Hepburne of Bolton, grand-uncle of the granter, who is passed over altogether, perhaps as being then about 64, and without surviving male issue. Next to him in the line of succession seems to have been James Hepburne, the third substitute, who was eldest son of a grand-uncle of the granter. Alexander Hepburne of Whitsome, the first substi- tute, was, as shown above, the heir-male of a great-great- great-grand-uncle of the granter, but he may have been next in succession to James Hepburne the third substitute. On the other hand, William Hepburne the grantee was no relation to Earl James on his father's side so far as is known ; but his mother, Helen Hepburne,1 was daughter of Sir Adam Hepburne of Oraggis, great-grand-uncle of the granter. Again, Patrick Hepburne of Kirklandhill, the second substitute, who was son and heir of John Hepburne, first of Kirklandhill^ (brother of Sir Patrick Hepburne of Waughton, the husband of Helen), and thus first cousin of the grantee,2 seems to have been no relation whatever of Earl James. But it is possible that consanguinity, corre- sponding to that alleged in 1510 (vide supra) to exist be- tween Patrick Hepburne of Waughton and Helen Hepburne his intended spouse, may have been traceable between the Waughton family and Earl James. On 26 April 1559 it was alleged, in the course of an action at law, that the Earl of Bothwell was ' quyetlie marreit or handfast' to Jonet Betoun, widow of Sir Walter Scott of Buccleuch ; and the Lords admitted the statement.3 This connection does not seem to have lasted long. In Decem- ber 1559 Mary of Lorraine, the Queen Regent, gave the Earl command of a body of French auxiliaries,4 and six months afterwards she sent him on a mission to the Court of France.5 He travelled thither via Denmark.6 While at Copenhagen, he is said to have plighted his troth to Anna Throndsson (daughter of Christopher Throndsson, a Nor- wegian nobleman, Admiral in the service of Denmark), whom he promised in writing to marry. This lady accom- panied him to the Netherlands, where, according to her 1 Vide supra ; Reg. Mag. Sig., 22 February 1527-28 ; Reg. of Deeds, v. 339, contract dated 20 October 1562. 2 Nisbet, Heraldry, i. 163 ; Reg. Sec. Sig., vii. 69. 3 Acts and Decreets, xix. 346. 4 Papers and Letters of Sir Ralph Sadler, i. 667. 5 Letter from the Earl of Bothwell to the Queen Regent, dated at Crichton, 15 May 1560, H.M. Gen. Keg. Ho. 6 Cal. of State Papers, Foreign, 1560-1561, 293. 164 HEPBURN, EARL OF BOTHWELL account, he deserted her, after she had pledged and spent clothes, valuables, and other property for the use of his people.1 She was afterwards in Scotland, and on 17 Febru- ary 1562-63 had a permit to reside in or quit the kingdom at her pleasure.2 She was alive in 1607.3 While in France in 1560 the Earl was made gentilhomme de la chambre to King Francis n. He returned to Scotland when Queen Mary finally left France in August 1561. In the spring of 1562 he was accused of participation in a treasonable con- spiracy, and was immured in Edinburgh Castle, but escaped from custody on 28 August. He took ship some months later for France, where he received an appointment in the Scottish Guard. On venturing back to Scotland after an absence of two years, he was again summoned to stand his trial, and once more took refuge in France, where he re- mained until recalled by the Queen after the banishment of her half-brother James, Earl of Moray. He landed on 17 September 1565, was restored to his former offices, and married soon afterwards.4 He was thenceforth in great and increasing favour with Queen Mary. The murder of the King Consort, in which the Earl was the principal actor, took place on 10 February 1566-67, and after a time the Earl of Lennox represented to the Queen that he sus- pected Earl Bothwell, who accordingly was sent before an assize, charged with the murder, on 12 April 1567 ; but the trial was collusive. No evidence was adduced ; and the jury caused the fact to be entered on the record as the reason for their verdict of acquittal, which it necessarily entailed.5 On 19 April a former appointment of the Earl as hereditary captain of the Castle of Dunbar, and a grant to him of certain lands, were confirmed in Parliament,6 and on the evening of that day the project for his marriage to the Queen was first publicly mooted.7 On 24 April he carried her off to Dunbar.8 His legal separation from his wife quickly followed. On 12 May the Earl of Both- well was created DUKE OF ORKNEY,9 and his marriage 1 Schiern's Life, 55-56 ; Les Affaires du Comte de Boduel, Bannatyne Club, 1829, App. p. xxxix. 2 P. C. Reg., xiv. 211-212. 3 Schiern's Life, 323 n. * Ibid., 20, 24, 30, 32, 34-38, 49, 50, 59. 6 Hill Burton's Hist, of Scotland, ed. 1873, iv. 211. 6 Acta Parl. Scot., ii. 550. 7 Schiern's Life, 230. 8 Birrell's Diary, 8, 9. 9 Diurnal of Occurrents, 111. The diarist gives the ducal title as ' Orkney and Shetland.' Douglas states (Peerage, \. 231) that the title of Marquis of Fife was conferred at the same time ; but he gives no authority. HEPBURN, EARL OF BOTHWELL 165 to the Queen took place on May 15.1 But a hostile con- federation of nobles had been formed against which he could not make head; and after having, according to Du Croc the French Ambassador, displayed at Oarbery Hill the qualities of a great captain in his preparations for the conflict he expected,2 he there parted for ever from his bride on 15 June 1567. Shortly afterwards he found his way to Shetland, and setting sail thence was driven by a storm on to the coast of Norway, where he was arrested, and detained as a state prisoner. He remained in confine- ment until his death, which took place on 14 April 1578 at Dragsholm Castle in Zealand.3 On 20 December 1567 he was forfeited by the Scottish Parliament, and condemned to lose arms, honours, offices and dignities, and to underlie the pain of treason.4 He married, contract dated 9 February 1565-66, the Lady Jane Gordon, daughter of the then deceased George, (fourth) Earl of Huntly, and sister of George, (fifth) Earl of Huntly. The latter, with Dame Elizabeth Keith, Countess of Huntly, his mother, was a party to the contract, which was passed with advice and express counsel of Queen Mary.5 The parties were related to each other within the degrees of consanguinity prohibited by the canon law, Earl James being fourth in descent from George, second Earl of Huntly, through Lady Margaret Gordon, wife of Patrick, first Earl of Both well (vide supra), while the bride was fourth in descent from the same Earl George in the male line, and also through her mother.6 Accordingly a dispensation for the marriage notwithstanding this impediment was granted by John, Archbishop of St. Andrews, dated 17 February 1565-66.7 The marriage took place on 24 February 1565-66.8 On 26 April 1567, a week after the Earl of Bothwell's project of marrying the Queen had been made public, and two days after he carried her off to Dunbar, a suit was begun in the Commissariot Court of Edinburgh, at the 1 Schiern's Life, 255. 2 Schiern, citing Teulet, 279. 3 Ibid., 287, 380, 385. 4 Acta Part. Scot., iii. 5-10. 5 Reg. of Deeds, viii. 232, 12 February 1565-66. 6 Original document, dated 21 February 1565-66, at Hamilton Palace, printed in Tytler's Enquiry into the Evidence against Mary Queen of Scots, 4th ed., ii. App. No. iv. 7 Original at Dunrobin, printed with facsimile in Fraser's Sutherland Book, iii. 131 ; vide also A lost chapter in the Hist, of Mary Queen of Scots recovered, by John Stuart, LL.D., Edinburgh, 1874, p. 5. 8 Canongate Marriage Reg. 166 HEPBURN, EARL OF BOTHWELL instance of Lady Jane Gordon, his spouse, for the disso- lution of their marriage, on the ground of his adultery with one of her maidservants ; and proof having been led, the Court pronounced sentence of divorce on 3 May.1 On 27 April a suit was instituted on the part of the Earl before the Court of the Archbishop of St. Andrews for a declaration of nullity of marriage ; the dispensation which legalised the union was withheld ; and on 7 May sentence was given that the marriage was and had been null from the beginning in respect of the contingence in blood of the parties, ' which hindered their lawful marriage without a dispensation obtained of befoir.'2 Lady Jane Gordon was married Secondly, at Strathbogie, on 13 December 1573, to Alex- ander, (eleventh) Earl of Sutherland, who died on 6 December 1594.3 The widow was married Thirdly, contract dated at Elgin 10 December 1599, to Alexander Ogilvie of Boyne,4 who did not survive the marriage many years.5 She died at Dunrobin 14 May 1629 in her eighty-fourth year, and was buried in the Cathedral Church of Dornoch.6 It has been alleged that a lady, who had apparently gone through some form of marriage with Earl James, and had, like Anna Throndsson, been deserted by him, was living in France in 1567. 7 The newly-created Duke of Orkney married, secondly, at Holyrood on 15 May 1567, as her third husband, MARY QUEEN OF SCOTS. The ceremony was performed by Adam Bothwell, the Protestant Bishop of Orkney.8 The contract of marriage was signed and registered on the previous day.9 This union was only dissolved by the death of the forfeited Duke ; but on 21 October 1568 the Queen expressed her willingness ' that the lawis be usit ' for obtaining a separa- tion ; 10 and in May 1569 she executed a mandate for the 1 Abstract of Process in Nau's Hist, of Mary Stuart, by Claude Nau, clxiii. ; Cal. of State Papers, Foreign, 1566-1568, No. 1173. 2 Robertson's Hist, of Scotland, 1821, iii. App. No. xx. 318. 3 Gordon's Genealogical Hist, of the Earldom of Sutherland, 168, 233. 4 Gordonston Writs cited by Stuart, A lost chapter, etc., 54. 5 Genealogical Hist. , etc., 168. 6 Ibid., 409. 7 Misc. of Scot. Hist. Society, ii.169. 8 Schiern's Life, 255-256. 9 Eeg. of Deeds, ix. 86. 10 Articles and Instructions to John, Bishop of Ross, and others, printed in An Examination of the Letters said to be written by Mary Queen of Scots to James, Earl of Bothwell, by Walter Goodall, Edinburgh, 1754, ii. App. 350. HEPBURN, EARL OF BOTHWELL 167 bringing of an action against him in her name for divorce.1 He, on his part, signed a similar mandate in the same year.2 In each of these documents the name of the mandatory is left blank. James, Duke of Orkney, had no legitimate issue born to him. On 18 July 1567 Sir Nicholas Throckmorton reported to Queen Elizabeth that he had received a message from Queen Mary, then detained at Lochleven, to the effect that she believed herself to be seven weeks gone with child;3 and Queen Mary's secretary testifies that she miscarried of twins before 25 July.4 The Duke left one natural son, named William Hepburne. Agnes Sinclair, Countess of Bothwell, was on 26 December 1571 bound over to have no communication with this William, her illegitimate grandson, 'nor nane others of the King's rebels.'5 She left to him, by will dated 21 March 1572, the whole balance of her estate after the payment of her debts.6 CREATION.— Earl of Bothwell 17 October 1488 ; Duke of Orkney 12 May 1567. ARMS. — These are given by Nisbet as Quarterly, 1st and 4th, Or, a bend azure, for Vaus of Dirleton; 2nd and 3rd, Gules, on a chevron argent two lions pulling at a rose of the first, for Hepburn. The Duke of Orkney bore : — 1st, Hepburn as above ; 2nd, Azure, a ship or, sails furled argent, within a double tressure flory counterflory of the second, for Orkney ; 3rd, Ermine, three chevronels gules, for Lord Soulis ; 4th, Vaus as above. CREST. — A horse's head and neck, bridled. SUPPORTERS. — Two lions guardant. [R. B. B.] 1 Boyd Papers, Abbotsford Club Misc., i. 23, 24. 2 Inventory of Boyd Writs, 1761, copied in vol. i. of the Genealogical Series of the MS. Collections of George Chalmers in the Advocates' Library, 19. 3 Addl. MSS. B.M., No. 4126, 90, original in the State Paper Office ; an abstract in Cal. of State Papers, Scottish, i. 252. 4 Nau's Hist, of Mary Stuart, 60, 61. 6 P. C. Reg., ii. 105. 6 Test., ut supra. STEWART, EARL OF BOTHWELL ORD JOHN STEWART, Prior of Coldingham, natural son of King James v. by Catherine, daughter of Sir John Carmichael, Captain of Crawford l (who afterwards married Sir John Somerville of Cambusnethan), was born about 1532, and was made Commendator of the Priory of Coldingham 1541. He obtained letters of legitimation under the Great Seal 7 February 1550-51,2 and in 1560 j oined the ranks of the Re- formers. He married, at Crichton Castle, 4 January 1561-62, Jean Hepburn, daughter of Patrick, third Earl of Bothwell, and ultimately heiress of her brother James Hepburn, Earl of Bothwell, Duke of Orkney, the third husband of Mary Queen of Scots. Shortly after his marriage he obtained a grant of part of the for- feited estates of Matthew, Earl of Lennox, and the title of LORD DARNLEY.3 As 'Dominus Dernlie' he obtained a grant of the lands of Ordinhuiffis, etc., 22 June 1563.4 He died at Inverness about October or November 1563. His tour, according to Godscroft, was ' to avoid the im- portunities of his wife, who wished him to assist Alexander Home of Manderston in robbing David Home of Wedder- burn of the teinds of Kelloe. She attempted it herself at 1 Fraser, The Lennox, i. 419. 2 Reg. Mag. Sig. 3 The Lennox, i; 420. 4 Reg. Mag. Sig. STEWART, EARL OF BOTHWELL 169 the head of her men, but was repulsed.1 He is by the same writer described as 4 a man of mild disposition, who culti- vated the greatest familiarity with all the nobles of the country, particularly with Home of Wedderburn.2 His wife, Jean Hepburn,3 had been contracted, 24 July 1556, to Robert Lauder, younger of the Bass, but the contract was annulled.4 She married, secondly, John, Master of Caithness, eldest son of George, fourth Earl of Oaithness,who died in 1573; and thirdly, Mr. Archibald Douglas, Rector of Douglas, one of the Senators of the College of Justice, brother of William Douglas of Whittinghame,5 who was out- lawed in 1581, when she, as Mistress of Caithness, Lady Morham, gets a ratification.6 He left issue, a son, by her :— 1. FRANCIS, his heir. He had also another son and a daughter. 2. Hercules Stewart, of Whitelaw, sometimes called 'frater' of Francis, Earl of Bothwell, but 26 February 1593-94 expressly called * brother natural.' ' He supported his brother, but was captured with another by 'Mr. John Colville and William Hume, who promised them their lives,' 8 and hanged, in spite of much popular sympathy, at the Market Place of Edinburgh, 18 February 1594-95.9 He married Mary, youngest daughter and co-heiress of Patrick Whitelaw of that Ilk (who was divorced in 1592, and married, secondly, William Home, the King's stabler) and had issue a daughter : — Margaret (restored 1633), served heir to her father 13 April 1636, married, 10 March 1619, in Ireland, to John Hamilton, son natural of Allan Hamilton of Ferguslie.10 A son John Stewart, son of the late Hercules Stewart sometime of Quhytlaw, is mentioned in 1622 in a dispute about teinds with William Craw of Falabank.11 3. Margaret Steivart, called ' daughter to the Abbot of Coldingham and brother-daughter to Robert, Earl of Orkney,' 12 married, first, before 1579, to William Sinclair 1 Godscrof t, MS. History of the Homes. 2 Ibid. 3 Bannatyne Miscel- lany, iii. 279. * Reg. of Deeds, i. 4406. 6 P. C. Reg., i. 437 ; iii. 371. 6 Acta Parl. Scot., iii. 268. 7 P. C. Reg., v. 132. 8 Letter, John Carey to Burghley ; Cal. Border Papers, ii. 17. 9 Birrell's Diary. 10 General Retours, No. 2217 ; P. C. Reg., xi. 640; xii. 761. " P. C. Reg., xii. 680, 701. la Information for James Sinclair of Scalloway, MS. Sheriff Clerk's Office, Lerwick. 170 STEWART, EARL OP BOTHWELL of Underhoull, son of Olave Sinclair of Brew, in Shetland ; secondly, William Bruce, first of Sym- bister. Her testament is recorded at Edinburgh 14 September 1608.1 FRANCIS STEWART, Earl of Bothwell, only son and heir, born 1563.2 He was godson of Queen Mary, who named him after Francis n. of France, her first husband.3 Queen Mary writes to Pope Pius v. recommending him for the then vacant Abbacy of Kelso, calling him 'noster ex fratre nepos ' on 15 May 1567, the day of her marriage to his uncle Bothwell.4 He obtained from Queen Mary charters of the Enzie, etc., March 1563-64, but on the forfeiture of Matthew, Earl of Lennox, having been reversed, Queen Mary in December 1564 made a grant to Francis, Lord Darnley, in liferent, and his mother in fee, of the lordship of Badenoch,6 and Fraser states that he ceased now to be Lord Darnley, and the title of Lord Badenoch was conferred upon him by Queen Mary.6 When in 1566 the lordship of Badenoch was restored to the Earl of Huntly, Queen Mary granted to Francis Stewart the Oommendatorship of Oulross and a portion of the Earl of Morton's forfeited rents of Aberdour and Dalkeith.7 By her will, dated at Sheffield 7 February 1577-78, Queen Mary begged her son to bestow the Bothwell estates upon her nephew Francis Stuart,8 and as Oommendator of Kelso, under the Great Seal 16 June 1581, he received from his cousin King James vi. a grant of the lordship of Bothwell, to himself and his heirs- male, of new to be incorporated in liberum comitatum et baroniam de Boithuill, after which he is always styled EARL OF BOTHWELL.9 He was in 1586 one of the com- missioners to treat with England, and in 1589,10 with the Duke of Lennox, Joint Governor of the realm. He fell into disfavour, was accused of witchcraft, and imprisoned 15 April 1591, escaped on the 21 June, and on the 25 was forfeited.11 He attempted, on 27 December 1591, to seize the King at Holyrood House, and was attainted by Act of Parliament 1 Edin. Tests. 2 Estimate of the Scottish Nobility, 53, 62. 3 Fraser, The Lennox, i. 421. 4 P. C. Reg., 272-273. 5 Cit. Reg. Mag. Sig. ii. ; The Lennox, i. 421. 6 Cit. Reg. Secreti Sig., vol. xxxii. fol. 71-73, 121-130. 7 The Lennox, i. 421. 8 Labanoff, torn. iv. 361. 9 Reg. Mag. Sig. 10 P. C. Reg., iv. 425. " Ibid., 609, 610, 643-645. STEWART, EARL OF BOTHWELL 171 21 July 1593,1 4 and his armes reivin at Oroce of Edinburgh be the heraldis.' 2 He made another attempt to seize the King at Falkland on the 17th, and on 24 July 1593 forced himself into the Royal presence and obtained a promise of all he demanded, which promise the nobles in convocation at Stirling absolved the King from keeping.3 He again appeared with five hundred horse on 3 April 1594,4 after which he fled to England, and then to Orkney and Caithness. At last, in April 1595, ' not knowing whom to trust, he stole away privately to France,' where the King suffered him ' to enjoy the free ayre of his country.' By challenging a gentleman to a duel against the King's edict, it is said he was forced to flee to Spain. Later, he went to Naples,5 where he lived in poverty, supporting himself by feats of arms, fortune-telling, and necromancy.6 He died in 1612 at Naples in a poor estate ' some years after the King his going into England.' 7 His honours were forfeited, and his estates divided be- tween his stepson Scott of Buccleuch, Kerr of Oessford, and Lord Hume. The forfeiture was continued against his children by Act of Parliament 1600.8 He married, before 1 July 1592, Margaret Douglas, daughter of David, seventh Earl of Angus, relict of Sir Walter Scott of Buccleuch. On the fall of her husband she interceded for him on her knees before the King at the gate of Edinburgh Castle on 17 November 1592. Three days later a proclama- tion forbade any one to receive her.9 She was received into favour by the King in Glasgow, but on 3 December she was banished again until six days after she * purchast ane letter of paice.' 10 She died in 1640, at a great age, and was buried at Eckford.11 They had issue :— 1. FRANCIS, eldest son. 2. John Stewart, Commendator of Coldingham. In 1606 he was warded in Edinburgh Castle on account of a dispute with William Keith of Luidquhairne.12 He married Margaret Home,13 and had issue : — 1 Acta Parl. Scot., iv. 8-11. 2 Birrell's Diary. 3 Calderwood, History, v. 256-261. * Ibid., 296-297. 5 P. C. Reg., v. 209 n. 6 The Lennox, i. 422; cf. also George Sandy's Journey, 1610. 7 P. C. Reg., v. 209 n. 8 Acta Parl. Scot., iv. 229. 9 P. C. Reg., v. 23, 24 n. 10 Birrell's Diary ; Balfour's Annals, i. 398. ll Scotts of Buccleuch, i. 161. 12 P. C. Reg., vii. 178, 179. 13 Reg. Mag. Sig., 1642, No. 1240. 172 STEWART, EARL OF BOTHWELL (1) Francis Stewart. He intromitted with the teinds of Colding- ham 1630.1 On 10 June 1638, the town of Coldingham was of new erected into a burgh of barony in his favour, as he had a wadset over the lordship.2 He is said to have been * a private gentleman in the Horse Guards, who commanded cavalry at Both well Brig 1679. '3 (2) Margaret, married to Sir John Home of Renton. 3. Harie, 1612,4 alive in 1627, when lie consents to a lease.5 4. Frederick, 1612.6 5. Elizabeth, an English newsletter writes of her birth in 1590 : ' E. Bothwill makes show of being at the Queen's devotion, and has asked her to be godmother to his daughter.' She was married to James Crans- toun, second son of William, first Lord Cranstoun.7 6. Margaret, was married to Alan, fifth Lord Oathcart. 7. Helen, was married to John Macfarlane of that Ilk.8 8. Jean (called third daughter), was married, c. 1612-22, as second wife, to Robert Elliot of Redheugh. Her husband was imprisoned for his attempted murder of Buccleuch, and she was left in great distress. The Lords of the Secret Council, 'commiserating the estate of the young gentlewoman,' made her an allowance for the support of herself and her husband, 30 Nov- ember 1624.9 III. FRANCIS STEWART, eldest son of Francis, Earl of Bothwell, born 1584.10 After his father's death, in spite of the attainder, he is occasionally styled 4 Earl of Bothwell ' and Lord Stewart and Bothwell. He on his marriage ob- tained a rehabilitation under the Great Seal, dated Whitehall 30 July 1614, but reserving the rights of those who had been granted his father's forfeited lands.11 This rehabilitation was ratified by Parliament 1633.12 In 1630 he was ' absent from the country.' He obtained recovery by decreet arbitral 1 P. C. Reg., 2nd ser., iii. 482. 2 Reg. Mag. Sig. 3 Ms. History ; Swift's Works, xiv. 297. He is supposed to have been the prototype of Francis Bothwell, the dashing cavalier in Old Mortality. * P. C. Reg., ix. 498. 5 Laing Charters, No. 1990. 6 P. C. Reg., ix. 498. 7 Cal. of State Papers, Domestic, 643. 8 Douglas gives the marriages of these daughters in this order. 9 The Border Elliots, by the Hon. G. F. S. Elliot, 230-232, quoting tombstone of her daughter Mrs. Clark in the chapel yard, Inverness ; P. C. Reg., xiii. 651. 10 Estimate of Scottish Nobility, 54. n Reg. Mag. Sig. 12 Acta Parl. Scot. , v. 55. STEWART, EARL OF BOTHWELL 173 of Charles i. of part of the family estates, which he sold to the Winton family. He lived in straitened circumstances, in 1637 petitioning King Charles I. to be made Printer to the King in Ireland for fifty-one years.1 He died in 1639, and his testament-dative was given in by his creditors at Edinburgh 21 April 1640.2 He married, about 1614, Isobel Setoun, widow of James, first Earl of Perth, daughter of Robert, first Earl of Winton. It is likely also that he married again. Issue : — 1. CHARLES, eldest son. 2. Robert. 3. Margaret, baptized at Tranent 1 April 1619.3 4. Elizabeth, baptized at Inveresk 20 August 1632 4 as 4 daughter of Francis, Lord Stewart and Bothwill.' A little-known MS. note says she 'dyed at Wintoun unmarried, and so ended this family.' 5 IV. CHARLES STEWART, eldest son of the last Francis Stewart, baptized at Tranent 7 February 1618,6 heir to his father 20 April 1647. He became a trooper in the Civil War, and, according to a MS. history he ' dyed in England after Worcester,' apparently unmarried.7 CREATION. — 16 June 1581. ARMS. — There are five seals of Francis, Earl of Bothwell, known to exist. The first bears a lion rampant within a royal tressure debruised by a ribbon. The second and third bear quarterly, 1st and 4th, a bend ; 2nd and 3rd, on a chevron two lions pulling at a rose. The fourth is similar, but has surtout a lion rampant contourne within a royal tressure ; the third and fourth have an anchor behind the shield. The fifth is similar to the third and fourth, but has surtout a lion rampant within a bordure compony.8 [A. F. s.] 1 Calendar of State Papers, Ireland, 1633-47. 2 Edin. Tests. 3 Parish Register. 4 Ibid. 6 Edin. Univ. Lib. 6 Parish Register. * Edin. Univ. Lib. 8 Macdonald's Scot. Armorial Seals, Nos. 2607-2611. CAMPBELL, EARL AND MARQUESS OF BREADALBANE IB COLIN CAMPBELL, the first of the House of Glenurchy, was eldest son of the second marriage of Duncan, first Lord Campbell of Lochaw.1 He is generally stated to have been the son of his father's first wife Marjory or Marcellina, daughter of Robert, Duke of Albany, Guardian, and afterwards Regent, of Scotland;2 but he is called ' brother-german ' of Duncan and Archibald, sons of Duncan, Lord Campbell of Lochaw, who were by his second wife, Margaret, daughter of Sir John Stewart of Ardgowan.3 By charter dated 20 October 1432 his father conferred upon Sir Colin the lands of Glenurchy and others/ He is stated to have gone thrice to Rome, and to have been one of the Knights of Rhodes.5 Sir Colin, on the death of his father in 1453, 1 See vol. i. of this work, 331. 2 Exch. Rolls, iv. p. clxxxvii. The Black Book of Taymouth, p. 9, calls her ' Margaret Stewart, dochtir to Duke Murdoch,' and Sir William Fraser, in The Lennox, p. li, describes ' Marjory' daughter to Murdoch Duke of Albany by his marriage in 1391- 92 as wife of ' Duncan Campbell of Lochaw and Argyle, afterwards Lord Campbell.' 3 Reg. Mag. Sig., 17 April 1469 ; Historical Account of the surname of Stewart, by Duncan Stewart, 110. According also to the Great Roll Pedigree at Inveraray, Colin was a son of the second marriage. 4 Origines Parochiales Scotice, vol. ii. pt. i. 126, 136. 6 Black Book of Taymouth, 13. CAMPBELL, MARQUESS OP BREADALBANE 175 predeceased by his own elder brother, Archibald, became, according to the Black Book of Taymouth, p. 13, tutor to his nephew, Colin, who in 1457 was created Earl of Argyll, but from a comparison of dates there appears good reason to suppose that at the death of Duncan, Lord Campbell, his grandson was of age. Sir Colin had a charter of the lands of Auchirvach (Auchreoch) in Glendochart to himself and Margaret Stirling his wife, 27 October 1467.1 He is stated to have built Caolchurn Castle in Glenurchy.2 For his services in apprehending one or more of the murderers of King James i., the grandson of that monarch, King James in., on 17 December 1473, granted the barony of Lawers to him, Margaret Stirling his wife, and his heirs-male by her.3 He appears to have died in 1475, and to have been buried in Kilmartin on the 26 September in that jear.4 Fanciful and often grotesque portraits of Sir Colin, first of Glenurchy, his father Duncan, Lord Campbell of Lochaw, his nephew Archibald, first Earl of Argyll, and of the second, third, fourth, fifth, sixth, seventh, and eighth Lairds of Glenurchy are given in the Black Book of Tay- mouth, and portraits of them also appear in the Genealogical Tree at Taymouth Castle painted in 1635 by George Jamesone. Sir Colin married several times, but authorities vary so much that it is not easy definitely to state how often, in what order, or when the respective wives died, and by which of them he had issue. According to Nisbet,5 Sir Colin Campbell's first wife was Mary, one of the daughters 1 Reg. Mag. Sig. 2 Black Book of Taymouth, 13. 3 Reg. Mag. Sig., 16 June 1525. 4 The Dean of Lismore's Chronicle appended to Historical Notices of the Clan Gregor, by Donald Gregory, 41, and Chronicle of Fortingall in Black Book of Taymouth, 113. According to the Black Book of Taymouth, pp. 12 and 14, however, he was laird for forty-eight years, and died in the Tower of Strathfillan on 24 September 1480 ; but this is evidently an error, for on 10 June 1478 the Lords Auditors (Acta Auditorum, 64) gave a decree in a civil suit against ' Duncan Campbell, son and heir of umquhile Sir Colin Campbell of Glenurquha, knicht,' and Sir Colin is stated to be deceased in 1476 ; Exchequer Rolls, viii. 338. Douglas's Peerage, 1813 edition, voce Breadalbane, also appears to be in error in stating that Sir Colin was interred in the chapel of the Blessed Virgin at Finlarig, as that property was not acquired by the family until 1506, and the Black Book of Taymouth mentions, p. 17, that the chapel of Finlarig was built by Sir Colin's grandson ' to be ane buriall for himself and his posteritie/ 5 Heraldry, ed. 1816, App. 212. 176 CAMPBELL, MARQUESS OF BREADALBANE of Duncan, Earl of Lennox, and he gives as his authority a contract of marriage said to be still extant in the archives of the Breadalbane family. There appears to be a mistake in the lady's name and designation, as Duncan, the last Earl of Lennox, executed 1425, had three daughters, his co-heirs, who were all married in 1392, several years before the birth of Sir Colin Campbell, and no daughter of Duncan, Earl of Lennox, called Mary appears on record. The Black Book of Taymouth states (p. 10) that Sir Colin married as his first wife 'Mariott Stewart, dochtir to Walter Stewart off Albanie (sone to Isobell, Duches off Albanie and Countess of Lennox).' Whether Sir Colin ever was married to this lady, who- ever she was, is not without doubt, but he certainly married, probably about the year 1448, Jonet, second of the three daughters and co-heiresses of John, Lord Lorn.1 In March 1449 John Stewart, lord of Lome, granted to Sir Colin certain lands in the lordship of Lorn, on account of the marriage of Sir Colin Campbell of Glenurquhay and his daughter Jonet Stewart.2 By her he appears to have been the father of : — 1. SIR DUNCAN. 2. Patrick, who was probably a son of the same mother, as he was called to succeed to certain lands in Glen- lyon as a substitute after Sir Duncan and his son, Archibald, and the heirs-male of his body, before John, evidently the son of Margaret Stirling, in a charter from King James iv. dated 7 September 1502.3 He died probably without issue, as no further mention of him is known. According to the Black Book of Taymouth (pp. 10 and 11) Sir Colin got by this marriage ' in name of tochirgude, the auchtene markland of the Bray of Lome, hir father being then alive. Bot eftir hir said father his deceis, the haill lordship of Lome falling to his thre dochteris, heretrices thairoff, the said Sir Colene be vertew of his wyff, eldest of the three, fell to the haill superioritie of the Lordschip of Lome and first third thairoff.' This is a mistake, and it 1 The Black Book of Taymouth calls her ' Jonett,' eldest daughter to * William Stewart, lord of Lome.' 2 Origines Parochiales Scotice, ii. 155. 3 Reg. Mag. Sig. CAMPBELL, MARQUESS OF BREADALBANE 177 is a common idea that the Campbells of Glenurchy got Lorn by the marriages of Sir Colin and his nephew Colin, Earl of Argyll. The facts are : — On 20 June 1452, and during the lifetime of John, Lord Lorn, upon his resignation, King James n. granted the lordship of Lorn, the barony of Innermeath, and the barony of Redcastle to the said John and the lawful heirs-male of his body, whom failing, to his brother Walter and the lawful heirs-male of his body, and a further series of heirs.1 At the same time the King granted the barony of Innermeath and various other lands to the said John and his heirs.2 After the death of John on 20 December 1463,3 the Earl of Argyll, preferring the lands of Lorn to the other lands which legally belonged to John's three daughters, entered into a contract, dated 30 November 1469, with Walter, John's heir-male, agreeing to exchange Innermeath and the* various other lands to which John's daughters had succeeded, for Lorn.4 Walter Stewart resigned the lands of the lordship of Lorn into the hands of King James in. 14 April 1470,5 and three days later the King granted them to Colin, Earl of Argyll, and the lawful heirs-male of his body, whom failing, to Sir Colin Campbell of Glenurquhay and the lawful heirs-male of his body, and a further series of heirs.6 Walter received in exchange the title of Innermeath and certain of the other lands which had belonged to the deceased John, Lord Lorn.7 Sir Colin Campbell married, secondly, a lady said to have been Margaret or Marie, daughter of Robert Robertson of Strowan, but the Black Book of Taymouth, p. 11, simply calls her ' ane woman off the Clandonoquhy.' By her he had 3. John, bishop of the Isles, died 15 July 1510.8 Nisbet says he died in 1509.9 And 4. Margaret, married, first, as his third wife, to Archibald Napier of Merchiston, and secondly, to John Dickson, Ross Herald.10 1 Reg. Mag. Sig. 2 Ibid. 3 Comp. Peerage, viii. 451. 4 Fourth Rep. Hist. MSS. Com., App. 474. 6 Ibid. 6 Reg. Mag. Sig., 17 April 1470. 7 Fourth Rep. Hist. MSS. Com., App. 474. 8 The Chronicle of Fortingall, 115. 9 Heraldry, ii. App., 212 ; Keith, Catalogue of Bishops, says 1509, and that his successor was appointed in 1510. 10 Napier Writs quoted by Douglas, ed. 1813, ii. 286. The Black Book of Taymouth omits all reference to this Margaret, but states, p. 11, that Sir Colin by this wife had a daughter ' callit Katherine Campbell, quha wes merit on Waltir Stewart, bailzie of Balquhidder.' VOL. II. M 178 CAMPBELL, MARQUESS OF BREADALBANE Sir Oolin married thirdly, before 27 October 1467,1 Mar- garet, daughter of Luke Stirling of Keir, and had issue :— 5. John Campbell, who, as 4 of Lawers,' is called as one of the substitutes in a charter dated 11 May 1497.2 He is probably the substitute of this name called to the succession of Glenlyon after Sir Duncan and his brother Patrick.3 He married, first, Agnes Moncrieff,4 with issue. Secondly, Christian Ogilvie (see page 142), apparently without issue. He was killed at Flodden, 9 September 1513.5 From him are descended the Camp- bells of Lawers, Loudoun, Murthly, Aberuchill, etc. She married, secondly, Patrick Hepburne of Beinstoun, and was dead before 27 July 1554, when Mr. John Hepburne of Beinstoun was her son and heir.6 6. George Campbell, ' quha deit young.' 7 7. Mariot, married to William Stewart of Baldoran before 5 October 1498.8 8. Helen, married to MacEane of Ardnamurroch (Ardnamurchan), and secondly, to John MacEwin McAlaster McGregor, 'principall of the Clandoul- cheir,' with issue.9 SIR DUNCAN CAMPBELL of Glenurchy, the eldest son, is next in succession to Colin, Earl of Argyll, and the heirs- male of his body, in the grant by King James in. of the lands of Knapdale, on 26 February 1480-81.10 He also occupies the same position in regard to the church-lands of Dollar, which were granted to Archibald, Earl of Argyll, on 31 January 1493, and confirmed by King James TV. on 11 May 1497,11 and also with respect to the lands of Skip- nish and others on 12 September 1502.12 In 1483 he had a remission for taking part in the raid of Lauder.13 He obtained from King James iv., during the minority of that monarch, charters of the lands of the Port of Lochtay, 5 March 1491-92,14 and 4 July 1498.15 He had the office of 1 Reg. Mag. Sig. 2 Ibid. 3 Ibid., 1 September 1502. 4 The Genealogist, v. 132. 5 Dean of Lismore's Chronicle, 44; and the Chronicle of Fortingall, 111. 6 Acts and Decreets, viii. 565b. 7 Black Book of Taymouth, 11. 8 Reg. Mag. Sig., 24 October 1498. 9 Black Book of Taymouth, 12 and 64. Her second husband afterwards became chief of the clan Gregor. At the latter page, when married to her second husband, she is called ' widow and Lady of Lochbuy.' 10 Reg. Mag. Sig. ll Ibid., under latter date. 12 Ibid, 13 Origines Par. Scot., ii. 144, 14 Reg. Mag. Sig. 16 Ibid. CAMPBELL, MARQUESS OP BREADALBANE 179 bailiary of the lands of Discher and Toyer, Glenlyon, and the Barony of Glendochart, 3 September 1498,1 and on 7 September 1502 a charter from the King of the lands of Glenlyon, which were incorporated into a barony, to him- self in liferent and his son Archibald, and to Duncan's brothers Patrick and John, and the respective heirs-male of their bodies.2 In 1504 a summons of treason was raised against him and certain other Highland chiefs ; but with what result is not known.3 He bought from James Muschet of Tol- garth his lands of Finlarig, and had a charter of them, dated 27 February 1506,4 and from John, Lord Drummond, his lands and barony of Finlarig, of which he had a charter dated 22 April 1503.5 On 24 May 1508 he had a charter from John Stewart of Ardgowan of the lands of Shian, Balloch, and Acharn, which was confirmed 25 May 1508 ,6 and a charter from Sir R/obert Menzies of that Ilk, dated 18 September 1511, of the lands of Orannich.7 On 16 May 1513, having resigned Finlarig, Shian, Balloch, Acharn, Crannich, and others, the King incorporated them into the Barony of Finlarig and granted him a charter of them.8 He was killed at the battle of Flodden, along with his brother, John Campbell of Lawers, on 9 September 1513.9 Sir Duncan Campbell married, first, about 14 October 1479, Margaret, daughter of George Douglas, fourth Earl of Angus.10 They had issue : — 1. SIR COLIN. 2. Archibald, who, as already noticed, had the fee of Glenlyon.11 He married, first, Mariota, daughter of Iver Campbell of Ardtarua, with issue. She died 12 August 1537, and was buried at Finlarig : 12 secondly, Isabel, daughter of John Grant of Culcabok.13 He died 29 April 1552, and was buried at Dunkeld.14 From him are descended the Campbells of Glenlyon, Duneaves, Roro, and Knockhill. 3. Patrick, who died a young man in the island of 1 Reg. Mag. Sig. 2 Ibid. 3 Acta Part. Scot., ii. 255. 4 Confirmed 12 May 1508, Reg. Mag. Sig. 5 Confirmed 26 April 1503, Ibid. 6 Reg. Mag. Sig. 7 Confirmed 19 September 1511, Ibid. 8 Reg. Mag. Sig. 9 Dean of Lismore's Chronicle, 44 ; and Chronicle of Fortingall, 111. 10 The Douglas Book, by Sir "William Fraser, iii. 110. n Reg. Mag. Sig., 7 September 1502. 12 Chronicle of Fortingall, 121. 13 Charter, 9 May 1538, confirmed 26 August 1538, Reg. Mag. Sig. 14 Chronicle of Fortingall, 123. 180 CAMPBELL, MARQUESS OF BREADALBANE Badchelych, 14 January 1507, and was buried in Killin.1 4. Elizabeth, married to David Toshach of Monzievaird, prior to 7 December 1518, when he granted her a life- rent charter of the mains of Monzievaird.2 Sir Duncan married, secondly, Margaret, daughter of Sir John Moncrieff of that Ilk.3 She married, as her second husband, William Menteith of Kerse and Alva,4 who died 18 February 1523.5 She died between 2 and 10 November 1554.6 By her Sir Duncan had : — 5. John, who acquired Orannich, and became Bishop of the Isles.7 6. Catherine, married to "William Murray of Tullibardine before 1524, with issue.8 She survived her husband, being alive in 1576.9 7. Annabella, had a dispensation, dated 9 October 1533, to marry Alexander Napier of Merchiston.10 SIE COLIN CAMPBELL of Glenurchy, the eldest son, is said to have been ' ane great justiciare all his tyme,' and to have built the Chapel of Finlarig.11 He died in the Castle of Glenurchy on the 12 August 1523, and was buried in the Chapel of Finlarig,12 having married Marjory, daughter of John Stewart, Earl of Atholl.13 She died on the 26 July 1524, at the Island of Lochtay, and was buried beside her husband.14 By her he had three sons, suc- cessively lairds of Glenurchy : — 1. SIR DUNCAN. 2. SIR JOHN, and 3. COLIN. SIR DUNCAN CAMPBELL of Glenurchy, the eldest son, succeeded his father. He married Elizabeth, daughter of 1 Black Book of Taymouth, 14, and the Chronicle of Fortingall, 115. 2 Black Book of Taymouth, 14. 3 The House Of Moncrieff, by George Seton, 28 n. 4 The Red Book of Menteith, by Sir William Fraser, i. 261. 6 Chronicle of Fortingall, 118. 6 Memoirs of John Napier of Merchiston, by Mark Napier, 1834, 42, 43 notes. 7 Black Book of Taymouth, 15. 8 Ibid. , 15, and Chronicles of the Families of Atholl and Tullibardine, i. 14. 9 Reg. Mag. Sig., 18 April 1576. 10 Memoirs of John Napier, 42. n Black Book of Taymouth, 17. 12 Ibid., and Dean of Lismore's Chronicle, 46. 13 Chronicles of the Families of Atholl and Tullibardine, i. 28. It is there stated in error that she was the wife of Sir John Campbell. 14 Dean of Lismore's Chronicle, 46. CAMPBELL, MARQUESS OF BREADALBANE 181 Sir John Colquhoun, eleventh of Colquhoun and thirteenth of Luss.1 She married, after her husband's death, before 7 January 1549-50, John Maxwell of Dargavel,2 and on 19 June 1556 appears as his relict, and then spouse of Patrick Fleming.3 He died in the Castle of Glenurchy on 5 Sep- tember 1536, was buried in the chapel of Finlarig,4 and was succeeded by his brother. He had : — 1. A son, who died in minority.5 2. Margaret, married to John MacDougall of Raray in Lorn. SIR JOHN CAMPBELL succeeded his elder brother in^the estate of Glenurchy. On 25 June 1532, prior to suc- ceeding his brother, he was outlawed for failing to appear before the Justice to answer for convocating the lieges.6 He had a charter to, himself, his wife, the survivor, and their heirs of the lands of Derry and Ardwaichlorne in Strathearn from his brother-in-law, William Edmonstone of Duntreath.7 He and his wife had also a charter of the lands of the Port of Lochtay and others.8 Sir John died in the Isle of Lochtay 5 July 1550, and was buried in the Chapel of Finlarig.9 He married, prior to succeeding his brother, Mariot Edmonstone, sister of William Edmonstone of Duntreath, by whom he had two daughters.10 His wife survived him.11 1. Christian, married to James Colquhoun of Garscube, second son of Humphrey Colquhoun of Luss,12 contract dated 28 October 1558. She sold to her uncle, Colin Campbell, her half of the lands of Port of Lochtay and others, 29 December 1558.13 She died in Novem- ber 1591.14 Her husband died in July 1604.15 2. Mariot, married to Alexander Hume, son and heir-ap- parent of George Hume of Lundeis, from whom they 1 In The Chiefs of Colquhoun, by Sir William Eraser, i. 93, she is called Marjory, as also in the Black Book of Taymouth. 2 Charter in H.M. Register House. 3 Register of Acts and Decreets, fol. xiii. 448. 4 Black Book of Taymouth, 18. 6 Ibid. 6 Justiciary Records. 7 23 May 1539, confirmed same day, Eeg. Mag. Sig. 8 20 May 1546, Ibid. 9 Black Book of Taymouth, 19; the Chronicle of Fortingall, 123, also says 5 July 1550, and the same chronicle, 124, repeats the entry, giving the date as ' quinto Julij anno Domini M.Vc. (tertio).' 10 Black Book of Taymouth, 19. n Exch. Rolls, xix. 436. 12 Fraser's Chiefs of Colquhoun, ii. 249. 13 Reg. Mag. Sig., 5 May 1564. 14 Edin. Tests. 15 The Chiefs of Colquhoun, i. 107. 182 CAMPBELL, MARQUESS OF BREADALBANE had a charter, in implement of their marriage-con- tract, of the lands of Rednoch and Ardgattie, 27 November 1558. 1 She likewise sold her half of the lands of Port of Lochtay and others to her uncle, 11 December 1558.2 OOLIN CAMPBELL succeeded his elder brother, Sir John, in the estate of Glenurchy. He bought from Finlay MacNab of Bovain certain lands in Glendochart, 24 November 1552 ;3 from Archibald, Master of Argyll, the lands of Glenstrae, 26 April 1554, to be held oj the Crown ; 4 and acquired from his nieces the lands of Port of Lochtay and others by charters, dated respectively 11 and 29 December 1558.5 He had a grant from Queen Mary of the lands of Dalgardie and others, 27 October 1564.6 He is said to have built the House of Tay mouth, or Castle of Balloch.7 He sat in Parliament in the year 1560, when the Protestant doctrines received the sanction of law.8 Dying at Balloch on 11 April 1583, he was buried in the chapel of Finlarig.9 He married, first, prior to 16 April 1548,10 Margaret Stewart, daughter of Alexander Stewart, Bishop of Moray, and widow of Patrick Grahame of Inchbrakie, by whom he had :— 1. Beatrix, married to Sir John Campbell of Lawers, with issue.11 2. Margaret, married to Allan MacDougall of Ragray in Lorn ; contract 30 May 1569. Colin married, secondly, before 15 June 1551, 12 Katherine Ruthven, daughter of William, Lord Ruthven, by whom he had:— 3. SIB DUNCAN. 4. Colin, the second son, born prior to 1555,13 was pro- vided with the lands of Ardbaichlorne and Darry, by the charter of 29 December 1558 above mentioned. He had a charter of the lands of Glenample and others in Balquhidder, 22 February 1562.14 He married 1 Reg. Mag. Sig., 10 December 1558. 2 Ibid., 5 May 1564. 3 Ibid., 27 June 1553. 4 Ibid., 6 July 1554. 6 Ibid., 5 May 1564. 6 Ibid. 7 Black Book of Taymouth, 22. 8 Ada Parl. Scot., ii. 526. 9 Black Book of Tay- mouth, 23, and Edin. Tests. 10 Graeme's Or and Sable, 4. n Black Book of Taymouth, 20. 12 Reg. Mag. Sig. 13 Reg. of Deeds (Scott), i. 118. 14 Reg. Mag. Sig., 12 February 1620. CAMPBELL, MARQUESS OF BREADALBANE 183 Margaret, daughter of Robert Monro of Foulis, con- tract 28 May 1584, and was dead on 16 January 1610, when his son, (1) Colin, served heir to him.1 He disponed his lands of Glen- ample to Archibald, brother to Sir James Campbell of Lawers,2 9 February 1622 and 21 December 1622. 3 He also sold Edinchip and Kingart to Colin Campbell of Glenurchy, 15 June 1620 and 2 November 1619.4 He married Jean Chisholm, who survived him, with issue a daughter. 5. Patrick of Auchinryre, who was a substitute to the fourth part of the lands of Monzie, 29 August 1581. 5 He died ' in his flouris,' without issue.6 6. Archibald, the fourth son, married Margaret Toshoch, eldest lawful daughter of Andrew Toshoch of Monzie. Contract 22 and 24 August 1581. He acquired from his father-in-law his fourth part of the lands of Monzie, 29 August 1581, 7 which he sold to his brother, Sir Duncan, 21 (sic) August 1581.8 Died s. p. 7. Margaret, married at Perth 5 September 1574,9 as his first wife, to James, son of William, Master of Glen- cairn, contract 24 May 1574 (see charter, 26 May 1574, confirmed 27 May 1574 10), and she died in January 1610, leaving issue. 8. Katharine, ' Quha deit in Mr Yothhead.' " 9. Mary, married, first, to John, sixth Earl of Menteith, contract 22 October 1589, with issue. He died in December 1598. She married, secondly, contract 26 June 1599, Colin Campbell of Lundie, and survived him also.12 10. Annas, married, as his first wife, to John, son and apparent heir of James Campbell of Ardkinglas, contract 23 July 1571. As Annas and John were both then in minority, another contract was entered into, dated 29 March 1586, stipulating that the marriage should be solemnised before the succeeding 1 Retours, Perthshire, No. 206. 2 Black Book of Taymouth, 57. 3 Reg. Mag. Sig., 23 January 1623. 4 Ibid., 13 September 1620. 6 Ibid., 22 December 1585. 6 Black Book of Taymouth, 20, 22. 7 Reg. Mag. Sig., 22 December 1585. 8 Ibid., 2 April 1586. 9 Register of Marriages at Perth, printed in Scottish Antiquary, iv. 40. lo Reg. Mag. Sig. n Black Book of Taymouth, 21. 12 The Red Book of Menteith, by Sir William Fraser, ii. 329, 330, 332, 333 ; and Reg. Mag. Sig., 3 August 1614. 184 CAMPBELL, MARQUESS OF BREADALBANE 22 day of May.1 They had issue a son, Colin, and daughter, Elizabeth. Annas died in October 1589.2 SIB DUNCAN CAMPBELL of Glenurchy, the eldest son, born prior to 1555,3 received from his father dispositions of the lands of Port of Lochtay and others, and the barony of Finlarig, dated 5 March 1573-74,4 in implement of the contract of his marriage with Jean, daughter of John, Earl of Atholl, which was dated 18 November 1573. His father also disponed certain lands to that lady, in implement of said marriage- contract, 20 November 1573.5 He acquired the lands of Cretin- dewar and Craigvokin, 2 December 1575.6 He bought from his brother Archibald, as before mentioned, a fourth part of Monzie, 21 August 1581. 7 On the occasion of the marriage of King James vi. he was knighted about 17 May 1590.8 He was one of the Lords of the Articles chosen to represent the barons in the Parliament held in Edinburgh in 1592, and was a commissioner for the smaller barons of Argyllshire to Parliament, 1593.9 In 1594 he denied that he had any participation in the measures connected with the slaughter of the ' Bonnie Earl of Moray.' 10 He also acquired from various parties certain lands in Menteith, Strathgartney, and elsewhere.11 King James f eued to him the mill and mill lands of Mylnehorne.12 On the resignation of Colin Campbell of Strachur, he acquired twenty-six merk lands in the barony of Glenfalloch ; on the resignation of William Moncrieff of that Ilk, the lands of Culdares and Duneaves ; 13 and on the resignation of Alexander Balfour of Boghall, the lands of Emyrcrichane and Costinterrie in Menteith.14 In 1599 he represented the smaller barons at the Convention of Estates of Parliament,15 and was a commissioner on the coin in that year.16 He purchased from John, Earl of Atholl, and his wife, the lands of Wester Stuikis, on 18 September 1599.17 He was warded in Edinburgh Castle in June 1601, 1 Reg. of Deeds, xxiv. 355 ; see also Black Book of Taymouth, 25, 29. 2 Edin. Tests., xxix. 3 Reg. of Deeds (Scott), i. 118. * Confirmed 10 March 1573-74, Reg. Mag. Sig. 5 Confirmed 25 May 1574, Ibid. 6 Confirmed 26 March 1582-83, Ibid. 7 Confirmed 2 April 1586, Ibid. 8 P. C. Reg. , iv. 481 n. 9 Parliamentary Return of Members of Parliament, 1878, ii. 540. 10 Ori- gines Parochiales Scotice, ii. pt. i. 81. n Reg. Mag. Sig., 5 March 1595-96. 12 Ibid., 14 June 1598. 13 Ibid., 17 February 1598-99. u Ibid., 27 February 1598-99. 16 Parliamentary Return, ii. 454. 16 Acta Parl. Scot., iv. 181. 17 Reg. Mag. Sig., 27 September 1599. CAMPBELL, MARQUESS OF BREADALBANE 185 4 throch the occasioun of certane fals leis and forged inventis,' and had to pay 40,000 marks to the courtiers of the King before he was released.1 Thereafter he went to England and Flanders for about a year.2 Alexander Menzies of that Ilk, on 15 April 1602, sold to Sir Duncan in lifer ent, and his eldest son in fee, the lands of Morinche and others.3 He bought the lands of Drumquharg and others in the barony of Redgorton, 28 May 1611.4 Two of his natural sons had letters of legitimation, 27 December 1614.5 He and his heirs-male were appointed foresters of Mamlorne, 22 July 1617.6 He acquired various lands in Strathgartney, 9 November 1618, and 31 October and 2 November 1618.7 He purchased from Robert Robertson of Strowan, the four merk lands of Stronf ernan, 21 December 1614, and the five merk lands of Oandloch, 16 and 17 May 1616, and from Duncan Robertson, brother to Robert, Thometayvoir in Fernan, 14 August and . . . 1622.8 He was created a baronet of Nova Scotia by patent dated 29 May 1625, and sealed 30 June 1627.9 On 12 May 1627, King Charles i. granted letters of remission to Sir Duncan, his sons Colin, Robert, and Patrick, and their natural brother, Patrick, for burning the town of Dewletter and the castle of Glenstrae in 1611, when engaged against the Clan Gregor.10 He is said to have built the Castle of Fin- larig, the Tower of Auchallader, the House of Lochdochart, the House of Barcaldine, and another great house in Lome.11 Sir Duncan died at Balloch on 23 June 1631, aged eighty- one, and was buried in the chapel of Finlarig.12 His por- trait, dated 1601, is given in the Black Book of Taymouth. He married first, contract 18 November 1573,13 Jean or Janet, daughter of John Stewart, fourth Earl of Atholl, Lord High Chancellor of Scotland, by his second wife Margaret, daughter of Malcolm, third Lord Fleming.14 She died in September 1593,15 and had issue :— 1. SIR COLIN. 1 Black Book of Taymouth, 36, 37. 2 Ibid. 3 Reg. Mag. Sig. , 22 February 1604. * Ibid., 4 June 1611. 5 Ibid. 6 Ibid. 7 Ibid., 17 December 1618. 8 Ibid., 25 November 1623. 9 Royal Letters, etc., relating to the Coloniza- tion of New Scotland (Bannatyne Club), 120, and Complete Baronetage, ii. 282-283. 10 Reg. Mag. Sig. n Black Book of Taymouth, 35, 36. 12 Ibid., 71. The preface, p. vi., states his age as eighty-six. 13 See Reg. Mag. Sig. 14 Chronicles of the Families of Atholl and Tullibardine, i. 35. 15 Edin. Tests. 186 CAMPBELL, MARQUESS OF BREADALBANE 2. SIR ROBERT. 3. Duncan, died young.1 4. John, who had from his father the lands of Auchinryre, and certain lands in Lome, 12 August 1596.2 He married Florentine, daughter of Duncan MacDougall of Dunolich, contract 29 August 1614. He died before the end of 1618, leaving four children : — Alexander, died before 4th February 1643.3 Duncan.* Archibald.* Jean Q married to Robert Fleming of Moness, on 15 February 1644.7 5. Archibald of Lagvinshoch, on 30 October 1594, while still a boy, had a charter of a quarter of the lands of Monzie from his father, who, on 13 January 1601, also gave him the Ibertlands of Monzie. He married, first, Catherine, daughter to John Graham of Inch- brakie, contract 14 April 1602. She made her will in February 1607, and probably died soon thereafter, leaving issue : — (1) Duncan, who succeeded to Monzie and the Ibert, married Ann, or Agnes, Murray, daughter of Patrick Murray of Ochtertyre, contract dated 10 and 12 May 1633. He died 12 February . . . ,,8 leaving issue. (2) Margaret, married to John Toshoch, younger of Pittenzie, contract dated 22 Jan. 1636. Archibald married as his second wife, Christian, daughter of Alexander Robertson of Inchmagranoch, contract 2 December 1614. He died 10 November 1640,9 survived by his second wife, by whom he had:- (3) Alexander, a captain, was infeft in Glentarken and others, 23 May 1649. 10 He was drowned in the spring of 1652. .Dying without issue, he was succeeded in his lands of Glentarken and others by his brother Patrick.11 (4) Patrick, succeeded his brother,12 married Catharine Murray, seventh child of Patrick Murray of Ochtertyre, with issue.13 1 Black Book of Tay mouth, 24. 2 Ibid., 419. 3 General Retours, No. 2808. 4 Ibid., Nos. 2808 and 4414 ; Perthshire Retours, No. 533. 6 Inquis. de Tutela, No. 309. 6 Ibid., No. 310. 7 Kenmore Session Register. 8 Tomb- ftone at Monzie : the year is illegible, but it was prior to 1648. Ibid. 10 Reg. of Sas., Perthshire, xi. 419. n Ibid., 29 May 1650. 12 Ibid. , and Origines Parochiales Scotice, ii. pt. i. 134. 13 Playf air's Baronetage, voce Murray of Ochtertyre. CAMPBELL, MARQUESS OF BREADALBANE 187 (5) John* (6) Mr. Colin, took degree of M.A. at St. Andrews, 6 June 1640, and was admitted minister at Killin before 6 May 1645 ; translated about 1650 to Blair Athol, married Jean, second daughter of James Stewart of Fincastle. She survived him and married John Stewart of Urrard.2 (7) Mr. Robert, M.A. St. Andrews 1642, admitted minister at Moulin prior to 4 April 1647,3 married Jean Menzies,4 with issue. (8) James.6 (9) Duncan.6 (10) Isabel, married to Patrick MacGregor or Drummond, younger of CulcriefF, contract 18 November and 1st December 1643,7 whom she survived.8 6. Alexander and 7. Duncan? who both died young. 8. Margaret, his eldest daughter, married as his first wife, Sir Alexander Menzies of that Ilk, contract 10 December 1588. She died 8 September 1598.10 9. Jean, married*, as his first wife, to John, afterwards Sir John, Campbell of Cawdor, contract 4 December 1601,11 with issue. She died prior to 9 August 1622.12 10. Anne or Agnes, married to Patrick Ogilvie, apparent heir of Inchmartine, contract 20, 22, 24, and 25 February 1609, with issue. 11. Elizabeth, who died young.13 Sir Duncan married between 7 October and 7 November 1597, as his second wife, Elizabeth, daughter of Henry, Lord Sinclair, contract 7 and 20 October 1597,14 and by her, who died in October 1654,15 had issue : — 12. Patrick, on whom his father settled the lands of Edinample and others, in 1624.16 He was one of the King's commissioners for the suppression of the Clan Gregor in 1633.17 He had infeftment in the lands of Easter Torrie, 27 December 1637,18 which lands he disponed on 29 June 1642 to Colin Campbell of Moch- aster.19 He was dead before 21 December 1648,20 having been killed ' in the cause of the Covenant,' 21 1 Reg. ofSas., Perthshire, vi. 138. 2 Fasti, iv. 792, 824. 3 Ibid., iv. 811. 4 Reg. Sas., Perthshire, vi. 138. 6 Ibid. 6 Ibid. 7 Ibid., x. 406. 8 Ibid., xi. 134. 9 Black Book of Taymouth, 24. 10 Transactions Soc. Ant. Scot., xix. 147. n The Thanes of Cawdor, 220. 12 Ibid., 257. 13 Black Book of Taymouth, 24. 14 Register of Deeds, 19 September 1598. 16 Register of Testaments, Perth, i. 416, 15 December 1654. 16 Black Book of Taymouth, 62. 17 Acta Parl. Scot., v. 45. 18 Laing Charters, No. 2232, and Reg. Mag. Sig., 17 July 1637. 19 Laing Charters, No. 2308. 2° Reg. Mag. Sig.t 21 April 1649. 21 Acta Parl. Scot., vi. pt. ii. 275, 531. 188 CAMPBELL, MARQUESS OF BBEADALBANE probably at the battle of Kilsyth. He had been married, and had issue : — John, eldest son. Colin, who, along with his father, had a charter of the lands of Glentarken, 19 May 1636, * and others. (1) (2) 13. John (secundus), who was alive]at his father's death.2 14. William, died young.3 15. Juliana (Egidia), married, as his first wife,4 to John Gordon apparent of Buckie, on 18 June 1626,5 with issue. She is called eldest daughter, and her husband is designed Laird of Hilton, contract 16 April and — May 1626.6 16. Elizabeth, married to Robert Irvine of Fedderat, second son of Alexander Irvine of Drum, contract 31 October 1621. Married at Kenmore on 4 December 1621.7 17. Catharine, married to Alexander, son and apparent heir of Sir John MacDougall of Dunollie in April 1628.8 18. Jean, married to John (Murray), Earl of Atholl, 6 June 1630.9 She is designed youngest daughter in her marriage-contract, which is dated last of April and 6 May 1630. He died in June 1642, leaving issue by her.10 SIR COLIN CAMPBELL, the eldest son, had from his father a charter of the lands of the Port of Lochtay and others in the lordship of Discheor and Toyer and in Strathearn, dated 12 March 1602, and a charter of the barony of Finlarig and lands of Glenfalloch and Glendochart, as well as in Argyllshire, of the same date.11 He acquired the barony of Lude 11 March 1619 ; 12 Over and Nether Tully- bannacher, 24 March and 18 April 1623, and 24 July 1623 ;13 and Innergeldies, 3 and 10 May 1625.14 He is stated to have been fifty-four years of age when he succeeded his father.15 On 18 June 1633, he had an 1 Beg. Mag. Sig. , 11 July 1642. 2 Black Book of Taymouth, 80. 3 Ibid. , 24. 4 The House of Gordon, Balbithan MS., p. 58. 5 Ibid., and Black Book of Taymouth, 63. 6 See also Beg. Mag. Sig., 1 March 1628. 7 Black Book of Taymouth, 57. 8 Ibid., 68. 9 Ibid., 70. 10 Chronicles of the Families of Atholl and Tullibardine, i. 114. A supposed portrait of her is given in that work. n Confirmed 24 March 1602, Reg. Mag. Sig. 12 Ibid. , 18 March 1619. 13 Ibid., 25 November 1623. " Ibid., 24 February 1629. 15 Black Book of Taymouth, 72. CAMPBELL, MARQUESS OF BREADALBANE 189 Act of Parliament ratifying various charters granted to his father and himself,1 and in that year was one of the King's justices to suppress the Clan Gregor.2 In Pinker- ton's Scottish Gallery are portraits of Sir Colin Campbell in 1633, aged fifty-six, and his wife in the same year, aged fifty-two. He died 6 September 1640, aged sixty-three, without issue, survived by his wife,3 Juliana (Egidia), second daughter of Sir Hugh Campbell of Loudoun (contract 1594), and was buried in the chapel of Finlarig.4 He was suc- ceeded by his younger brother : — SIR ROBERT CAMPBELL. His father granted a charter to him and the lawful heirs-male of his body, of the lands of Mochaster and others in the barony of Glen- falloch and Glendochart, 20 November 1601 .5 He acquired Corriechrombie fr6m John Drummond, Earl of Perth, 9 November 1620 ;6 Coschambies and others in Strath- gartney from Alexander Shaw of Cambusmoir 25 March 1622.7 On the death of his elder brother Sir Colin, in 1640, he succeeded him, and is stated to have been then sixty-one years of age.8 He was M.P. for Argyllshire 1639-41, 1643-44, and 1644-49. Sir Robert became in- volved in financial difficulties, and several of his creditors took possession of his estates.9 He died 17 November 1657, aged eighty-two.10 He married Isabel, daughter of Lachlan Mackintosh of Dunnachton, captain of Clan Chat tan (contract 16 December 1605), and had issue : — 1. SIR JOHN. 2. Duncan, second son, who died at Finlarig on 16 August 1630, and was buried in the chapel of Finlarig, aged twenty-two.11 3. Colin Campbell of Mochaster, who was born at Fin- larig in 1616, and married Margaret, daughter of Sir Alexander Menzies of that Ilk, on 6 April 1641. He received from his father the lands of Mochaster 1 Acta Parl. Scot, v. 112-115. 2 Ibid., v. 45. 3 Black Book of Taymouth, 83, 84. 4 Ibid. 6 Confirmed 11 January 1602, Reg. Mag. Sig. 6 Reg. Mag. Sig., 28 November 1620. 7 ibid., 15 May 1622. 8 Black Book of Taymouth, 85. 9 Reg. Mag. Sig., 20 March 1649, 23 March 1649, 21 April 1649, 22 May 1649. 10 Complete Peerage, voce Breadalbane. n Black Book of Taymouth, 86. 190 CAMPBELL, MARQUESS OF BREADALBANE 25 April 1642.1 In 1642 he acquired the lands of Easter Torrie from Patrick Campbell of Edinample,2 and sold them in 1655.3 He died at Mochaster 22 October 1668, and was buried in the chapel of Finlarig, survived by his widow, who died at Car whin in 1681, and was also buried in the chapel of Finlarig. They had : — (1) Duncan, born at Finlarig 18 November 1647, died s. p. at Mochaster July 1675, buried at Finlarig.4 (2) John, born at Finlarig 14 February 1649, died s. p. at Mo- chaster November 1675, and was buried at Finlarig.5 (3) Colin of Carwhin, born at Caolchurn Castle, 18 December 1652. He married, in Greyfriars Church, Edinburgh, 15 April 1677, Elizabeth, eldest lawful daughter of Mr. Andrew Pringle, minister at Castletown in Liddesdale. He was Sheriff-clerk of Caithness 167— to 1680. He was admitted a Writer to the Signet 9 February 1686, and died s. p.6 31 January 1715.7 (4) Robert of Borland, born at Mochaster 2 September 1660,8 died in February 1704 ; 9 married Janet, daughter of the deceased Robert Campbell of Glenlyon, contract 20 July 1700, by whom he had an only son and daughter :— i. Colin of Carwhin, born in 1704 ; served heir-general to his uncle Colin Campbell of Carwhin 9 April 1715, 10 died at London 30 March 1772, having married 28 January 1758 Elizabeth, daughter of Archibald Campbell of Stonefield,11 with issue : — (i) JOHN, fourth Earl of Breadalbane. (ii) Colin of Carwhin, born 12 December 1763, captain in the 99th Regiment of Foot.12 He died s. p. at Edinample 27 June 1792, 13 when he was sue ceeded by his brother. (iii) Jane, born 1 December 1758, died 23 March 1769. (iv) Elizabeth, born 28 July 1760, died 5 October 1774. ii. Helen,1* married Macfarlane of Gartartan. (5) Alexander, born at Mochaster 4 April 1662, died s. p. before 13 December 1704. 15 (6) Isabel, born at the place of Weem 12 May 1643, died 13 April 1655, and was buried at the Church of Clachandysart in Glenurchy. (7) Marjory, born at Easter Torrie 15 July 1644. She was married to Thomas Graham, fiar of Duchrae, contract 9 and 11 February 1669, with issue. (8) Jeane, born at Easter Torrie 3 July 1645, married to Alexander 1 Reg. Mag. Sig., 20 June 1642. 2 Laing Charters, Nos. 2308-2311. 3 Ibid., 2565. 4 Breadalbane Succession Case, Joint App., 401. 6 Ibid. 6 Ibid. 7 History of W.S. Society. 8 Complete Peerage says 10 Septem- ber. 9 Joint App., 401, and Testament-Dative, Dunkeld Commissariot bundle for 1705. 10 Services of Heirs. n See curious story as to this marriage in Burke's Vicissitudes of Families, 3rd ser. 57-60. 12 Joint App., 117. 13 Ibid., and Scots Magazine for 1792, 361. 14 Joint App., 401. is Ibid. CAMPBELL, MARQUESS OF BREADALBANE 191 Campbell of Wester Ardeonaig, as his first wife, contract 28 October 1665. (9) Barbara, born at the Place of Ballantone in Menteith 2 October 1646, died 7 October 1646, and was buried at Kilmadock. (10) Margaret, born at Castle Caolchurn 27 April 1650, died January 1677, and was buried in the chapel of Finlarig. (11) Anna, born in the tower of Castle Caolchurn on 3 December 1651, died 17 May 1652, and was buried in the aisle at the Kirk of Dysart in Glenurchy. (12) Julian, born in the tower of Castle Caolchurn 31 December 1653, died at Ardeonaig 15 February 1656, and was buried in the Kirk of Killin. (13) Isabel, born in Murlaganmoir 29 July 1655, married, as his first wife, to Mr. Robert Kirk, minister at Balquhidder, contract 14 January 1678, with issue ; died in January 1681, and was buried in the Kirk of Balquhidder.1 (14) Helen, born at Mochaster 22 July 1657. She was dead before 14 November 1689, having been married to Alexander M'DufF of Cambusurich, with issue three children.2 (15) Grissel, bor* at Mochaster 8 September 1658, died there 17 May 1661, and was buried at the Kirk of Callander in Menteith. 4. Robert, who died young.3 5. William born about 1621 ; killed at Stirling in Sep- tember 1648 ;4 married Jean, daughter of Sir Colin Campbell of Ardkinglass, and had : — (1) Eobert, born 19 March 1647, and baptized 25 March 1647 ; 5 married, contract 7 and 22 July 1674, Susanna, daughter of Colonel James Menzies of Culdares by his first marriage, with issue: — i. Colin, born 1680; died 10 August 1737, aged 57 ;6 married, 22 April 1712, Agnes, eldest daughter of Robert Campbell of Auchlyne, with issue.7 (i) Eobert, born 20 February 1713 ; 8 died without issue. (ii) James, born 12 March 1714 ; 9 lieutenant in the Hon. Lord John Murray's Highland Regi- ment; had precept of dare constat as heir to Robert his grandfather 8 August 1740; died 6 February 1751, aged thirty-six,10 without issue. 1 According to her tombstone, which is outside the walls of the old kirk of Balquhidder, she died 25 December 1680, and had two sons, Colin, who became a Writer to the Signet, and William. 2 Bond by her brother Colin to them of that date. 3 Black Book of Taymouth, 86. * Ibid., 103. 5 Kenmore Sess. Reg. 6 Memorials of the Stewarts of Fortingall. 7 Register in Glenfalloch Family Bible ; Joint App., (25), 131, and Killin Reg. of Mar. 8 Family Bible supra. 9 Joint App., 395. 10 Family Bible supra; Dunkeld Tests. 192 CAMPBELL, MARQUESS OF BREADALBANE (iii) William, born 23 February 1715, l succeeded to Glenfalloch as heir to his brother James, and infeft therein 21 November 1751,2 acquired the superiority of that property 30 June 1777,3 and executed an entail thereof 30 August 1784 ;4 died 2 October 1791,6 having married, first, Effie M'Nicol, on 18 February 1740,6 with issue :— a. Christian, born 15 June 1741 ;7 died in 1781, having been married, first, to M'Pherson, with issue one son and four daughters; secondly, to James Campbell of Hellsglen.8 William married secondly, on 9 December 1747, Susanna, daughter of Mr. Duncan Campbell.9 She died before 17 March 1793 ;10 with issue : — b. Colin, born at Stuckchaple, Glenfalloch, 30 December 1749 ; n baptized 4 January 1750 ;12 lieutenant in second battalion 71st Regiment;13 captain in 1793 in the first battalion of the Breadalbane Fencibles;14 succeeded to Glenfalloch on the death of his father;15 died at Glenfalloch 4 June 1806, 16 having married, first, a few months prior to April 1776, Miss Drummond— she was really one of the daughters of Gregor M'Gregor of Inverardran— who died at New York about 1778, with issue : 17— (a) one or more children, who died in infancy.18 Colin married, secondly, Mrs. Constable, formerly wife of an officer in the provincial troops serving with the British army in America,19 with issue : 20— (6) William Erskine, his only son, born at London, 10th May 1784 ; 21 suc- ceeded to Glenfalloch on his father's death.22 He was in the civil service in Ceylon, and died at Colombo, Ceylon, 22 July 1806, -3 having marriedSusanna,daughter of Charles Campbell of Loch- dochart, who survived him,24 by whom he had an only son. His 1 Register in Glenfalloch Family Bible. 2 Joint App., 396. 3 Ibid., 397. 4 Ibid., (64), 120. 5 Ibid., 433. 6 Family Bible supra. 7 Ibid. 8 Joint App., 432, 434. 9 Family Bible supra. 10 Respondent's Case, H. L., 19, 20. n Family Bible supra. 12 Killin Parish Reg. 13 Joint App., 421. 14 Ibid., 441. 16 Ibid., 122. 16 Scots Mag., 1806, 488. 17 Joint App., 429. 18 Ibid. 19 Ibid., 429, 440. 20 Ibid., 440, 643. 21 Family Bible supra. 22 Joint App., (17), 123. 23 Scots Mag., 1807, 397. 24 Joint App., 644. CAMPBELL, MARQUESS OF BREADALBANE 193 widow married, secondly, Captain Macfarlane, Callander, without issue. a. John Breadalbane Campbell succeeded to Glenfalloch when about four years of age on the death of his father ; l died at Callander on 4 January 1812 aged ten years.2 On his death the succession to the estate of Glenfalloch opened to the heirs-male of the body of James, second son of William Campbell of Glen- falloch (see below). Colin married, thirdly, in 1793, Jean Campbell or Ogilvie, who survived him.3 c. James, born at Stuckchaple, 30 March 1754, 'new style';4 baptized 8 April 1754 ;5 had a commission as ensign 1st May 1775 in the 40th Regiment of Foot ; lieutenant 14 March 1777 ; 6 retired from that regi- ment 20 April 1785 ;7 lieutenant and quartermaster of the first battalion Bread- albane Fencibles 1 March 1793 ;8 captain in that regiment 15 November 1794 till its reduction in April 1799 ;9 captain in the Cambrian Rangers, 23 August 1799 till June 1802. 10 He ran away in 1781 with Eliza Maria Blanchard, wife of Chris- topher Ludlow, a medical practitioner, apothecary, and grocer in Chipping-Sud- bury, Gloucestershire. Christopher Lud- low died in January 1784 at Portsmouth.11 James Campbell died at Edinburgh 24, and was buried on 29, October 1806 in the Canongate churchyard there.12 Ad- ministration May 1807. It was on the question of the marriage of James Campbell to this lady that the Breadal- bane succession case, decided by the House of Lords 27 May 1864, turned. Their Lordships held (Lord Wensleydale dis- senting) in favour of the legitimacy of the issue. She died in London in 1828. 13 They had:— (a) William John Lamb Campbell, the 1 Joint App. (18), 124. 2 Scots Mag., 1812,156; Dunblane Tests., 31 July 1816. 3 Joint App., 646. 4 Family Bible supra. 5 Killin Reg. Baptisms. 6 Re- spondent's Case, H. L., 14. 7 Ibid., 17. 8 Joint App., 435. 9 Ibid., 21, 24. 10 Ibid., 25. u Joint App., 53, 159. 12 Respondent's Case, H. L., 28; Joint App., (27), 133, (264), 580. la Ibid., 28. VOL. II. N 194 CAMPBELL, MARQUESS OP BREADALBANE exact date of whose birth has never been ascertained. He is stated to have been born at Edin- burgh and to have been nineteen years of age on 29 September 1807, when he joined H.M.S. Prince of Wales as a midshipman;1 bap- tized at Gateshead-on-Tyne, 20 January 1788 ;2 studied anatomy and surgery at Edinburgh Uni- versity 18034 ;3 joined Navy as above; left it on 27 September 1808 ;4 served heir-male of tailzie and provision to his cousin, John Breadalbane Campbell of Glen- falloch, 18 March 1812 ;5 Lieuten- ant-Colonel of the guard of honour in attendance upon Queen Victoria on her visit to Taymouth Castle in 1842.6 He died 4 June 1850,7 having married in St. Gregory by St. Paul's, London, on 21 May 1810, Rosanna, youngest daughter of John Doughty, co. Salop,8 with issue :— a. JOHN ALEXANDER GAVIN CAMPBELL, who succeeded as sixth Earl of Bread- albane. (b) John, who died in infancy.9 (c) Breadalbane Gavin, youngest son, born 11 October, baptized 12 Nov- ember 1796 at Inveresk ; 10 died at Edinburgh 9, and buried in Grey- friars churchyard, Edinburgh, 12, December 1803. n (d) Elizabeth Marbrough, born at Ply- mouth 4, baptized 30, May 1785 12 married, first, in 1802 at Edin- burgh, to John Butler, student of physic,13 and secondly, to John Hilton, with issue. (e) Susanna Sophie, baptized at Gates- head 6 October 1789. 14 (/) Colin Maria Nairne, born probably in 1797; married to William 1 Respondent's Case, H. L., 18, 19. 2 Joint App., (173), 279. 3 Re- spondent's Case, H. L., 27, and Joint App., (244), 560. 4 Ibid., 29, and Joint App., (295), 611. 5 Joint App., 295, 622. 6 Respondent's evidence, (339), 671. 7 Respondent's Case, H. L., 33, and his evidence, (346), 678. 8 Joint Case, (126), 612. 9 Respondent's Case, H. L., 20. 10 Joint App., (173), 279. n Respondent's Case, H. L., 26, and his evidence, 560, 561. 12 Ibid. , 17, and Joint App., 279. 13 Ibid., 26, and his evidence, 556. 14 Joint App., 279. CAMPBELL, MARQUESS OF BREADALBANE 195 Sutton, with issue, and died 6 May 1862, aged sixty-five or sixty-six.1 d. Duncan, born at Stuckchaple 19 December 1757,2 of Morven estate,parish of Hanover, Jamaica ; died in London without lawful issue 9 September 1810. 3 Will proved 13 September 1810. e. Archibald, born at Stuckchaple 11 July 1759 ;4 apprentice to Messrs. Graham, writers, Glasgow ; lieutenant in the 74th Regiment December 1777 ; 5 returned from America in 1784; began business in 1786 as a writer in Edinburgh ; 6 died at Prestonpans, 17 April 1806,7 hav- ing married in 1791 8 Jean, daughter of William Butter of Braehouse, architect in Edinburgh.9 She died on 1, and was buried beside her husband in Colinton churchyard 5, March 1842,10 with issue an only child : — (a) Jean, who married Captain Robert Campbell of the East India Com- pany Service.11 She died without issue in 1852. 12 /. William, born at Stuckchaple 16 Nov- ember 1760 ; 13 went to Jamaica in 1778, became a planter in Hanover parish there ; 14 died in Jamaica without issue in October 1791.15 Will proved 8 June 1793. g. John, born at Stuckchaple 19 November 1763 ;16 ensign in the Western Regi- ment of Fencible Men 16 November 1781 ;17 lieutenant in the same regi- ment 13 July 1782 ; 18 had lease for fifty-seven years of farm of Kylettor- more 23 April 1787 ;19 captain in Earl of Elgin's regiment of Fencible Infantry 8 November 1794 ; 20 captain Royal Perthshire Militia 24 August 1803 ;21 captain in First Battalion Second Brigade Royal Perthshire Volunteer Infantry 4 November 1806 ;22 adjutant in Highland Regiment Perthshire Militia 24 September 1808 j23 died 12 March 1823, having married on 13 June 1 Respondent's Case, H. L., 23, 24. 2 Family Bible supra. 3 Joint App., (30), (31), (32), 136-7-8. * Family Bible supra. 6 Joint App., 433. 6 Ibid., 439. 7 Scots Mag., 1806, 399. 8 Joint App., 433. 9 Ibid., 326. 10 Respondent's Evidence, 665. » Ibid., 337, 669. 12 Case for Re- spondent, 34. 13 Family Bible supra. 14 Joint App., 139, 433. 16 Ibid., 22, 128. 16 Family Bible supra. 17 Joint App., 415, 741. 18 Ibid., 741. ™ Ibid., Ml. ™ Ibid. ™Ibid. ™ Ibid. ™ Ibid. 196 CAMPBELL, MARQUESS OF BREADALBANE 1788, Janet, daughter of William Butter of Braehouse, architect in Edinburgh,1 with issue : — (a) Charles William, born at Edin- burgh 14 March 1789.2 He entered the army, his first com- mission being dated 21 May 1809; lieutenant 2 May 1811; placed on half-pay 17 April 1817; served in the Peninsula with the 39th Regiment of Foot, and was present at the battles of the Pyrenees, Nivelle, Orthes, and Toulouse, for which he received the war medal with four clasps ; 3 died on 18 January 1861 ; 4 and was buried in War- riston Cemetery, Edinburgh, having married at Kinloch, on 14 March 1832, Charlotte Olympia Cockburn, daughter of John Campbell of Kinloch.5 She died 1 June 1880,6 with issue:— a. Charles William, born at Borland, 4 April 1836.7 He entered the army, his first commission being dated 20 December 1854, and served with distinction in the Indian Mutiny, the China Cam- paign 1860, and the Egyptian War of 1882. At the time of his death he was Major-General of the Bengal Staff Corps.8 He was the appellant in the Breadalbane Succes- sion Case in 1867, and married in 1888 Gwyn- nedd, daughter of the late William Edward Brink- man, Esq., R.N. He died in 1894, leaving :— (a) Charles William, born in 1889. (/3) Colina Edivy, born in 1891. 1 Family Bible, Joint App. , (37), 143. 2 Borland Family Bible supra, and Joint App., (39), 145. 3 Hart's Army List, 1861, 495, 506. 4 Joint App., (40), 146. 5 Ibid. , 77, 79. 6 Tombstone in Warriston Cemetery, Edinburgh . 7 Joint App., 79. 8 Hart's Army List, 1894, 601, 635. CAMPBELL, MARQUESS OF BREADALBANE 197 (•y) Mary Gun/nnedd, born in 1893. (5) Margaret Alice, born in 1894. £. John Erskine, who for some time was in the Mounted Police, Cape of Good Hope, afterwards in India, died in Burmah 29 May 1889 1 unmarried. y. Colin George Lorne, who was born in 1848; en- tered the army, his first commission being dated 28 June 1867. After a distinguished military career, he died in August 1890, having married in 1886 Robina Gordon, daughter of Robert Fraser, Esquire of Brackla, in the county of Nairn, with issue : — (a) Charles Colin Kin- loch, born in 1889. (/3) Isla Lorn Gavin, born in 1887. 8. Charlotte Elizabeth, born in 1838, married in 1861 Michael Servas Van- derbyl of Woodville, Cape of Good Hope. She died at Wimbledon on 30 January 1897, without issue. e. Mary Turner Gavin, liv- ing at Kilmodan Cottage, Musselburgh, unmarried. (6) George Andrew, born at Auch- line, 9 July 1791,2 married at Taymouth Castle, on 2 August 1830, Margaret, youngest daughter of Colonel James Campbell of Glenfeochan. She was born at Carlisle on 16 January 1808. He died at Rothesay on 3 July 1852, and she died at Edinburgh on 5 February 1884,3 with issue :— a. John Breadalbane, born 1 Tombstone in Warriston Cemetery, Edinburgh. 2 Borland Family Bible supra, and Joint App., (38), 144. 3 Family Bible. 198 CAMPBELL, MARQUESS OF BREADALBANE 30 June 1839, living in Florida, United States of America, married, in 1873, Kath. M'Donald. /3. A son born and died 2 April 1849, and seven daughters. (c) Colin, born at Borland on 13 March 1794, l died unmarried.2 And six daughters. h. Alexander, born at Glasgow 31 March 1767 ; 3 ensign in 97th Regiment 1781 ; 4 exchanged into 42nd Regiment, tacks- man of Kirktown of Strathfillan ; for distinguished services in Egypt pro- moted captain and brevet-major 21st Regiment. He shot Captain Boyd of the same regiment in an alleged duel on 23 June 1807, for which he was tried at Armagh Assizes, found guilty, executed there 24 August 1808, and was buried at Ayr.5 He married , daughter of William Bowie of Camsis- can, provost of Ayr, with issue four children ; the only one who arrived at maturity was :— (a) William Bowie Stewart Camp- bell of Cloichfoldich, born 1803, admitted Writer to the Signet 4 March 1826, died 11 June 1847, having married, first, 16 March 1830, Sarah Priscilla, only daughter of J. Fearnside, London, and second, 5 April 1838, Janet W. Maxwell, only child of Robert Stewart of Cloichfoldich,6 without issue.7 William Campbell of Glenfalloch had also six daughters. (iv) Duncan, born 11 October 1718.8 (v) John, born 10 May 1720.9 (vi) Henry, born 19 May 1722. 10 (vii) Archibald, born 7 August 1723.11 (viii) Robert, born 10 February 1726 ; 12 apparently at one time a linendraper in Edinburgh, after- wards lieut. -captain in the 99th Regiment; died at Fort St. Ann, Jamaica, in 1782, having married Jean, daughter of Sir James Sinclair 1 Borland Family Bible supra. 2 Appellant's parole evidence, (78). 3 Glenfalloch Family Bible supra. 4 Respondent's evidence, (119), 415. 6 Trial of Major Campbell for murder, 1808 ; and A short Vindication of the Memory of the late Major Alexander Campbell, 1810. 6 History of W.S. Society. 7 Joint App., 78. 8 Glenfalloch Family Bible supra. 9 Ibid. 10 Ibid. » Ibid. 12 Ibid. CAMPBELL, MARQUESS OF BREADALBANE 199 of Dunbeath, by his second wife, Isobel Lumsden,1 and had issue :— a. Colin, a substitute in Glenfalloch entail 1784,2 surgeon in the 39th Regiment, died in the island of Guadeloupe in 1794.3 b. James, also a substitute,4 captain in the 74th Regiment, served in the American War as a subaltern in the 71st Regi- ment, was present at the capture of Seringapatam in the East Indies, died in India in 1801.5 c. John, also a substitute,6 captain in the 74th Regiment, served in America as a subaltern in the 82nd Regiment, died in India in 1792.7 d. Robert,91 a lieutenant in the 42nd Regi- ment 1795 to 1803.9 e. Jean, had an annuity on the Compas- sionate List.10 (ix)* Alexander, born 26 February,11 baptized 2 March 1730. 1* ii. James, died without issue. iii. Archibald, who lived at one time in Succoth, had four daughters, Elizabeth,13 Susanna,14 Lilias, who died abroad,15 and Isobel, married to John Davies, sur- geon in Glassarie, with issue.16 iv. William, died before 30 August 1784. 17 He was father of : — (i) Archibald,™ sergeant in the Middlesex Militia, who had a son : — a. Colin.™ v. Duncan, who had :— (i) Colin, who went to America, (ii) James, bookbinder to the Queen. vi. Susanna, who married John Campbell of Lochdochart. (2) James, born between 1648 and 1651, became a writer in Glasgow, and died without issue. 6. James, who died young.20 7. Alexander, who got from his father the lands of Loch- dochart ; married, first, on 29 January 1656, Julian, daughter of Alexander Robertson of Strowan,21 with 1 Caithness Family History, by John Henderson, W.S., 90. 2 Joint App., 121. 3 Memorial for his sister in MS. 4 Joint App., 121. 6 Memorial for his sister. 6 Joint App., 121. 7 Memorial for his sister. 8 Joint App., 121. 9 Memorial for his sister. 10 Ibid. " Glenfalloch Family Bible supra. 12 Killin Parish Reg. 13 Argyll Tests., 8 September 1798. 14 Ibid. 16 Edin. Tests., 5 September 1798. 16 Ibid. " Joint App., 121. 18 Now only son, 30 August 1784, Ibid. » Ibid., 121. 2° Black Book of Taymouth, 86. 21 Kenmore Session Reg. 200 CAMPBELL, MARQUESS OF BREADALBANE issue. He married, secondly, on 19 September 1671, Magdalene, daughter of William Menzies of Oarse,1 with issue. 8. Duncan, born 1631, 2 who got from his father the lands of Auchlyne ; married Christian, daughter of Walter Dalgleishof .3 He died in 1703. She died in 1698,4 with issue. 9. Margaret, married to John, eldest son of Allan Cameron of Lochiel, in October 1626, with issue.5 10. Isabel, married to James Campbell, apparent heir of Ardkinglass ; 6 contract 19 August 1636, which states that the marriage was solemnised in January 1636, with issue. 11. Agnes, married to Dugald, son and apparent heir of Archibald Campbell of Inverawe, contract 1 May 1633, with issue. 12. Julian,1 married before 5 July 1625 to Murdoch M'Lean, eldest son of Hector MacLean of Lochbuy.8 13. Mary, married to Robert Robertson of Fascally on 30 July 1650, with issue,9 contract 24 and 30 July 1650. Apparently both were dead before 28 March 1685.10 14. Katherine, married to Andrew Toshach of Monzie- vaird, 9 March 1641.11 15. Jean, married, first, to Archibald Campbell of Glen- lyon,12 contract 25 June 1632, with issue. She was married, secondly, before 5 January 1647, to Patrick Roy MacGregor,13 with issue. She married, thirdly, before 10 July 1656, Duncan Stewart of Appin, with issue.14 16. Marjory, married to Archibald Stirling of Coldoch,15 contract 1637. 17. Beatrix died young.16 SIR JOHN CAMPBELL, the eldest son of Sir Robert 1 Kenmore Session Reg. 2 Memorials of the Stewarts of Forthergill. 3 Their banns were proclaimed at Kenmore proprimo, 4 May 1656 ; Ken- more Session Reg. 4 Memorials of the Stewarts of Forthergill. 5 Nisbet's System of Heraldry, App. 226, and Memoirs of Lochiel, Bannatyne Club, 63. 6 Slack Book of Taymouth, 87. 7 Slack Book of Taymouth, 90, calls her eldest daughter. 8 Beg. Mag. Sig. 9 Kenmore Session Reg. 10 Court of Session Decreets. n Kenmore Session Reg. The Black Book of Tay- mouth, 87 and 94, says they were married in February 1641. Their marriage- contract was dated 26 February 1641. 12 Black Book of Taymouth, 87. 13 Kenmore Session Reg. 14 Ibid. 15 Black Book of Taymouth, 87. w Ibid. CAMPBELL, MARQUESS OF BREADALBANE 201 Campbell of Glenurchy succeeded him. His father had resigned the barony of Glenfalloch and many other lands to him in liferent and his eldest son in fee, on which a charter of novodamus was granted.1 He was Colonel of the Perth- shire Foot in 1643 ; served on the Committee of War for Perthshire in 1644, 1647, 1648, 1649, and on that for Argyll- shire 1648. He was one of the Colonels for Dumbarton, Argyll, and certain of the Isles in 1648 ; a Commissioner of Supply and of Excise for Argyllshire and Perthshire.2 He was Member of Parliament for Argyllshire, 1661-63.3 On 9th September 1662 he had a ratification in his favour of the Office of Forestrie of Mamlorne.4 He died in June 1686,5 having married, first, Mary, daughter to William (Graham), Earl of Airth and Menteith. She died 28th January 1653, and was buried at Finlarig. By her he had issue : — 1. JOHN, afterwards first Earl of Breadalbane. 2. Robert, who was designed of Barcaldine, educated at University of Edinburgh, married Anna Campbell, natural daughter of an Earl of Argyll. She is said to have been a widow of Sir Donald Campbell of Ardna- murchan.6 He survived till after 1670, and died without issue. 3. Mr. Alexander, apprentice Writer to the Signet, after- wards writer, who was infeft in Botuarymore and other lands, 17 December 1678.7 4. Duncan, died unmarried about 1678. 5. William, baptized 9 October 1643,8 designed of Tulloch.9 6. James, baptized 14 June 1646.10 7. Agnes, eldest daughter, married to Alexander Menzies of Weem, contract 4 May 1653, with issue. 8. Isabel, second lawful daughter, married to Donald Campbell of Barbreck, contract 30 September and 28 December 1658, with issue. 9. Catherine, married to Alexander Robertson of Lude, contract 23 March 1664, with issue. 10. Jean, baptized 8 February 1645,11 married to John 1 Reg. Mag. Sig., 19 February 1642. 2 Acta Parl. Scot., vi. passim. 3 Parliamentary Return, ii. 572. 4 Acta Parl. Scot., vii. 438-439. 5 Argyll Commissariot Tests. 6 Thanes of Cau-dor, Gen. table ; Gen. Reg. of Sas., 31 Dec. 1667. 7 Reg. of Sasines, Perthshire, 27 Dec. 1678. 8 Ken- more Par. Reg. 9 Laing Charters, No. 2895. 10 Kenmore Par. Reg. n Ibid. 202 CAMPBELL, MARQUESS OF BREADALBANE Stewart of Tullynadies, son of Sir Robert Stewart of Polcak, contract 9 June 1666. 11. Margaret, married to Duncan, eldest son of Mr. Archibald M'Oorquodale of Phantilands, contract 7 July 1676. 12. , married to Mr. Colin Campbell of Auchnaba. 13. Mary, married to Robert Campbell of Drumsynie, contract 28 September 1687. 14. Beatrix, baptized 7 February 1648.1 Sir John Campbell married, secondly, Elizabeth, daughter of Patrick Dow More Campbell of Edinchip, who was a natural son of Sir Duncan Campbell, seventh of Glenurchy, legitimated 10 April 1616, by whom he had : — 15. Patrick, said to have been a surgeon in the Navy. 16. Colin, apprentice to Robert Campbell, merchant in Edinburgh in 1674. 17. William, an ensign and adventurer in the African Company. 18. Walter, died before September 1679. 19. Elspet, married first to John, brother of Alexander Campbell of Lochnell ; secondly to Alexander Camp- bell of Stonefield. 20. Geills, and 21. Marjory. Sir John Campbell married, thirdly, Christian, daughter of Robert Mushet of Craighead. She died in 1697,2 by whom he had : — 22. James, mentioned in a disposition dated 9May 1678.3 He appears to have died within a year or two thereafter. 23. Charles, mentioned in disposition above referred to, and died before 17 October 1707.4 24. Isabel, married to John MacNaughtan of that Ilk, contract 6 December 1683.5 25. Susanna, married in 1680, to John Campbell of Ard- chattan, with issue.6 26. Anna, married to Robert MacNab of that Ilk. She died in Glendochart, 6 September 1765, being then the last surviving child of her father.7 1 Kenmore Parish Register. 2 Dunblane Tests. 3 Writs of Wester Cal- doch. 4 Inhibitions, Perthshire, of that date. 5 Referred to in Testament- Dative of Sir John Campbell, her father, Argyll Commissariat, 3 August 1686. 6 Scottish Antiquary, viii. 6. 7 Scots Magazine, xxvii. 447. CAMPBELL, MARQUESS OF BREADALBANE 203 27. Jean, married to Alexander Campbell, younger of Airds, contract 13 May 1699. I. JOHN CAMPBELL of Glenorchy, eldest son of Sir John Campbell, Bart., born about 1635, was Member of Parlia- ment for Argyllshire 1669-74.1 He was principal creditor of George Sinclair, sixth Earl of Caithness, from whom he obtained a conveyance of his dignities, landed estates, and heritable jurisdictions, dated 8 October 1672.2 Upon this he had a Crown charter 11 January 1673, and infeftment followed on 27 February following. He did not enforce his rights during the life of his debtor, but lived in family with him. He had become bound to allow the Earl and his wife an aliment of 12,000 merks. On the death of the Earl of Caithness in May 16^6,3 Sir John was created ' upon gross and false misrepresentations,' 4 28 June 1677, EARL OF CAITHNESS, VISCOUNT OF BREADALBANE, LORD ST. CLAIR OF BERRIEDALE AND GLENURCHY, and directed to assume the name and arms of Sinclair. He invaded Caithness with seven hundred men and dis- possessed the heir-male of the late Earl of the lands of Keiss.5 King Charles n. annulled the patent of the earldom, and confirmed George Sinclair, heir-male of the last Earl of Caithness, in the dignity.6 On 13 August 1681 — under the name of ' John Campbell of Glenurchie ' — he obtained a new patent, with the former precedency — 28 June 1677— whereby he was created EARL OF BREA D'ALBANE AND HOLLAND, VISCOUNT OF TAY AND PAINT- LAND, LORD GLENURCHY, BENEDERALOCH, OR- MELIE AND WEIOK, in the Peerage of Scotland, with a special power to him — similar to one contained in the first patent — to nominate as successor any younger son, by his (then deceased) first wife, and the heirs-male of the body of such son, whom failing to the heirs-male of his own body, whom failing to his heirs-male, whom failing to his heirs whatsoever, but always under this provision and condition, 4 that in case after the decease of the said John Campbell, any of the said John Campbell's sons whom 1 Parliamentary Return, ii. 579. 2 Maidment's Genealogical Collections, 20. 3 Ibid. 4 Acta Parl. Scot., viii. 368. 6 Ibid. 6 Riddell's Scottish Peerages, 29. 204 CAMPBELL, MARQUESS OF BREADALBANE he shall happen to design, by a writ under his hand, shall not succeed, or have right to the family and estate of Glenurchie; that the said son so to be designed by the said John Campbell during his lifetime, and the heirs-male of his body, whom failing, the other heirs of tailzie and provisions succeeding to him, shall only assume and enjoy the title, honour, and dignity of Earl of Holland, Viscount of Paintland, Lord Ormelie and Weick (to the exclusion of the other titles), ay and while there shall be a conjunction of the family and estate of Glenurchie with the family and estate provided in favouris of the son so to be designed, and the heirs appointed to succeed to him, either by the accession of the family and estate of Glenurchie to the person representing the family and estate of Caithness, or by the accession of the estate of Caithness to the person who shall have right to and represent the family of Glenurchy; after which conjunction and consolidation of both estates, it should be lawful to use and assume, and carry the foresaid titles, etc., of Earl of Breadalbane and Holland,1 etc.1 Proceedings against him for treason were apparently soon thereafter instituted. Under date 24 July 1683, Lord Fountainhall records: 'A letter from his Majesty to the Criminal Court is read, discharging any procedure against the Earl of Breadalban of Glenurchy, and his son, in that process of treason, until further orders ; for he had come in submission to the Duke of York. And afterwards he got aremission.72 He was a member of the Privy Council for Scotland, 1685, and lieut.-col. of a regiment of foot in Perthshire in 1689,3 and in that year was fined for absence from Parliament/ Took the oath of allegiance in 1690.5 On behalf of the Government he met with the Jacobite Chiefs at Auchallader on 30 June 1691 with a view to inducing them to submit.6 After the massacre of Glencoe, on 10 June 1695, a summons of treason was raised against him at the instance of the Commission of Enquiry, and he was committed to prison in Edinburgh Castle7 as 1 The patent was not recorded at the time it was granted, but only after a Petition to the Court of Session on 21 February 1745. — Biddell's Law and Practice in Scottish Peerages, 290, 291. 2 Fountainhall's Decisions, i. 236. 3 Acta Part. Scot, ix. 27. 4 Ibid., 103. 5 Ibid., 109. 6 Memoirs of Sir Ewen Cameron of Lochiel, 301. 7 Acta Parl. Scot., ix. 366. CAMPBELL, MARQUESS OF BREADALBANE 205 having advocated the Stuart cause in the Highlands, but on his explaining that it was by connivance of the Govern- ment itself that he did so, he was discharged without a trial.1 On 13 December 1704, with consent of his eldest son, he entailed the estates of Breadalbane on his second son John, and his heirs-male, whom failing to Colin, his younger son and his heirs-male, whom failing to Colin Campbell of Carwhin, only son then alive of Colin Campbell of Mochaster and his heirs-male ; whom failing, to the heirs-male of the entailer.2 He refrained from voting for the Union in 1707, and was at the age of seventy-eight chosen one of the Scottish Representative Peers, 1713-15. In the rising of 1715 he sent five hundred men to join the Chevalier, but escaped punishment, possibly by his death in the following year. He married, firstly, 17 December 1657, at St. Andrew's Wardrobe, London, Mary, daughter of Henry (Rich), first Earl of Holland, by Isabel, daughter and heiress of Sir Walter Cope of Kensington, Middlesex. She died 8 February 1666, with issue. 1. Duncan Campbell, styled Lord Ormelie, born about 1660.3 He was infeft in the fee of the lands of Catines, and also in Barbreck-Lochow and Auchen- dryen in 1670. He was, it is said on account of his incapacity, passed over in his father's nomination of a successor.4 On the narrative that 'knowing how easie I may (through the facility of my own nature, and want of knowledge) be circumvained and deceaved in the management of my affairs by subtle and craftie persones who may have designes upon me,' he inter- dicted himself from disposing of his lands on 9 October 1694.5 In 1704 he concurred with his father in the conveyance of the family estates to his younger brother, reserving an alimentary provision in his own favour.6 He is generally stated to have died unmarried,7 or without issue, in or about 1727, aged sixty-seven.8 Elsewhere he is stated to have married 1 Complete Peerage, voce Breadalbane. 2 Register of Tailzies, 6 July 1705. 3 Foster's Peerage, voce Breadalbane. 4 Lord Hailes' MS. Notes on Douglas' Peerage, quoted in The Breadalbane Succession Case, by James Paterson, 1863, p. 9. 5 Ibid., 11. 6 Register of Tailzies, 6 July 1705, and The Breadalbane Succession Case, 13, 14. 7 Nisbet's Heraldry, 1742. 8 Complete Peerage, voce Breadalbane. 206 CAMPBELL, MARQUESS OF BREADALBANE Margaret, daughter of Campbell of Lawerg, and left issue.1 There is a strong tradition in the Highlands that he left two sons.2 And in 1863 John Campbell, Fortwilliam, claimed the title on the ground of his descent from Duncan, Lord Ormelie, which, if proved, would have constituted him heir- male of the entailer, to which class the succession then opened on the failure of male issue of the second Earl.3 2. JOHN, the second Earl of Breadalbane. He married, secondly, 7 April 1678, Mary, second daughter by Margaret, daughter of William (Douglas), Earl of Morton, of Archibald (Campbell), Marquess of Argyll, and widow of George, sixth Earl of Caithness, saving, by this economi- cal step, the alimentary allowance of 12,000 merks.4 She died 4 February 1691, leaving issue. 3. Colin, of Ardmaddie. On 3 October 1694 he had a bond of provision for £95,000 Scots. He died at London 31 March 1708,5 aged twenty-nine,6 without lawful issue. The Earl died 19, and was buried 28, March 1717, aged eighty-one, having nominated, 14 July 1685, his second son, John, as his successor in the Peerage. It is said of him, ' It is odds, if he lives long enough, but he is a Duke. He is of a fair complexion, and has the gravity of a Spaniard, is as cunning as a Fox, wise as a Serpent, and as slippery as an Eel.'7 By Mrs. Mildred Littler 8 he had :— 1 Foster's Peerage, voce Breadalbane. 2 See The Gaelic Bards, by A. MacLean Sinclair ; The Language, Poetry, and Music of the Highland Clans, by Lieut. Donald Campbell, 204; The Breadalbane Succession Case, by James Paterson, 1863, and Statement of the Breadalbane Case, by Alexander Sinclair, Esq., 1864. 3 Complete Peerage, voce Breadal- bane. * Maidment's Genealogical Collections, 20. 6 Kenmore Session Register. 6 M.-I. in St. Mary Abbots, Kensington. 7 Macky's Memoirs. 8 Whether the Earl of Breadalbane was married to Mrs. Mildred Littler or not is uncertain. Douglas, in the first edition of his Peerage, 1764, p. 91, after mentioning the marriages of the Earl with Lady Mary Rich, and Lady Mary Campbell, says : ' He had likeways a daughter, Lady Mary, married to Archibald Cockburn of Langton,' without specifying her mother. In the second edition, however, this is amplified to : * He ' (the Earl) « married a third wife, by whom he had a daughter, Lady Mary,' etc., and in most modern peerages Mrs. Mildred Littler, who died in 1746, is stated to have been his third wife, and mother of Lady Mary. That she was mother of Lady Mary abundantly appears by various documents CAMPBELL, MARQUESS OF BREADALBANE 207 4. Mary, married, 11 April 1719, Archibald Cockburn, Ad- vocate, son of Sir Archibald Cockburn of Langton, contract 1719, and died August 1725, with issue. II. JOHN, second Earl of Breadalbane and Holland, etc., second son by the first wife and heir under his father's nomination, dated 14 July 1685. He was born 19 November 1662. He was summoned to surrender after the rising of 1715, but escaped punishment.1 His right to the Peerage was impugned in 1721, 'his elder brother, Lord Ormelie, being then alive,' etc.2 He was served heir to his father 26 December 1733. He was one of the Scottish Repre- sentative Peers 1736-52, and Lord-Lieutenant of Perthshire. He married, first, Frances, daughter of Henry (Cavendish), second and last Duke of Newcastle, by Frances, daughter of the Honourable William Pierrepont. She, who was born 25 June 1660, died without surviving issue 4 February 1690, in her thirtieth year. He married, secondly, 23 May 1695, Henrietta, sister of Edward, first Earl of Jersey, daughter of Sir Edward Villiers, Knight-Marshal, by his first wife Frances, daughter of Theophilus (Howard), Earl of Suffolk. She died 1 February 1719-20. He died at the Abbey of Holy- rood House, Edinburgh, 23 February 1752, in his ninetieth year.3 Will pr. February 1753. Issue, one son and two daughters 1. JOHN, the third Earl. 2. Charlotte, who died, unmarried, before her father.4 3. Henrietta, or Harriot, appointed in 1736 one of the under the Earl's hand ; but it is worthy of notice that in the first edition of Douglas' Peerage, which appeared only eighteen years after her death, she is not mentioned, and Lord Hailes notes on his copy regarding Lady Mary: 'Not by either of those noble Ladies but by some nameless concubine. After his daughter was grown up, the governess of Lord Glenorchy's daughters said she was an impudent bastard to take place of them in going into a coach. When the old man heard this he said that she should take place of them, and accordingly acknowledged the mother as his wife.' The Earl usually designed her simply ' Mrs. Mildred Littler.' Lord Hailes gives no date when the alleged acknowledgment took place, and on 8 December 1716, within eighteen months of his death, the Earl made a settlement upon * Lady Mary Campbell, my daughter by Mrs. Littler,' and the second Earl refers to her as 'Lady Mary Campbell, my sister.' l Complete Peerage, voce Breadalbane. 2 Robertson, Proceedings relating to the Peerage, of Scotland, 88. 3 Complete Peerage, voce Bread- albane. 4 The Case of John, Earl of Breadalbane, 7 June 1872 (revised copy), p. 9. 208 CAMPBELL, MARQUESS OF BREADALBANE Ladies of the Bedchamber to the Princesses Amelia and Caroline, daughters of George n. She died, un- married, at London, 27 January 1766,1 and was buried beside her mother at Taplow.2 III. JOHN, third Earl of Breadalbane and Holland, etc., only son and heir by second wife, baptized 10 March 1695-96 ; matriculated at Christ's Church, Oxford, 13 October 1711, and then aged fifteen ; Master of the Horse to the Princess of Wales, 1718; Minister to Copenhagen, 1720; Knight of the Bath (under the style of Lord Glenorchy) at the revival of that order, 1725; Member of Parliament for Saltash, 1727-41 ; for Orford, 1741-46 ; Minister to St. Petersburg, December 1731 ; one of the Lords of the Admiralty, 1741-42 ; Master of the Jewel Office, 1746; one of the Scottish Representative Peers, 1752-68, and 1774-80; Chief Justice in Eyre south of the Trent, 1761-65; Keeper of the Privy Seal of Scotland, May to October 1765; Vice-Admiral of Scotland, 1776-82. In politics he was a warm supporter of Walpole.3 On 5 May 1775 he executed an entail of his vast estates.4 He married, first, 20 February 1717-18,5 at St. James', Westminster, Amabel, first daughter and co- heir of Henry (Grey), Duke of Kent, by his first wife, Jemima, daughter of Thomas (Ore we), Baron Ore we of Steyne. She died at Copenhagen 2 March 1727.6 1. Henry, only son, who died 12 May 1727, aged six.7 2. Jemima, born 9 October 1723, married, 22 May 1740 (in Brompton at the lodgings of her grandfather, the Duke of Kent), to Philip (Yorke), Viscount Royston, afterwards second Earl of Hardwicke. She became suo jure Marchioness Grey and Baroness Lucas of Crudwell by special remainder on the death of her grandfather, Henry (Grey), Duke of Kent, on 5 June 1740. Her husband died 16 May 1790, aged sixty-nine or seventy. She died 10 January 1797, in St. James' Square, Middlesex, with issue, two daughters. A portrait of her father, the third Earl, is stated to be in the possession of Earl de Grey. 1 Scots Magazine, 55. 2 The Case of John, Earl of Breadalbane, 7 June 1872, p. 9. 3 Complete Peerage, voce Breadalbane. 4 Respondent's Case, H. L., App. (2), 108. 6 Lie. Fac. 6 Complete Peerage, voce Breadal- bane. 7 Historical Register Chronicle, 1727, p. 19. CAMPBELL, MARQUESS OF BREADALBANE 209 He married, secondly, 23 January 1730, Arabella, third daughter and co-heir of John Pershall (son and heir- apparent of Sir Thomas Pershall, Bart.), by Charlotte, daughter of Thomas (Colepeper), Lord Colepeper. She died at Bath 1 September 1762, in her sixtieth year. He died 26 January 1782, in his eighty-sixth year, at the Abbey of Holyrood House. Will proved June 1783. On his death the succession opened to the heirs-male (general) of the grantee. It is alleged that the third Earl, by his second marriage, had also a daughter called Margaret Lillias, who eloped with and married Duncan M'Callum, called the Foxjiunter, about the year 1769 or 1770, with issue, two sons and two daughters. She is said to have died at Port-Glasgow about the year 1818, and the title and estates were claimed by her great-grandson, John M'Callum, in 1872, under the destination to heirs whomsoever. He maintained that John, fourth Earl of Breadalbane, was not the son of Colin Campbell of Carwhin, but the illegitimate son of the third Earl, but his claim does not merit serious attention.1 3. George, died at Moffat on 24 March 1744,2 aged about twelve years. 4. John, styled Lord Glenorchy, born 20, and baptized 30, September 1738, at St. Marylebone, Middlesex. He married at St. George's, Hanover Square, Middlesex, 26 September 1761, Willielma, second and posthumous daughter and co-heiress of William Maxwell of Preston. He died, without issue, during his father's lifetime, 14 November 1771, in his thirty-fourth year, at Barnton, Midlothian, and was buried at Finlarig. His widow, well known for her charity and piety, died in George Square, Edinburgh, 17 July 1786, in her forty-fourth year, and was buried in a chapel in that city, which she herself had founded. Testa- ment confirmed 1 June 1787.3 IV. JOHN CAMPBELL, fourth Earl of Breadalbane and Hol- land, etc., third cousin and heir-male of the third Earl, being first son and heir of Colin Campbell of Carwhin (see ante, p. 190), which Colin was only son of Robert Campbell of Borland, 1 The Case of John (M 'Callum), Earl of Breadalbane in the Peerage of Scotland, 7 June 1872 (revised copy). 2 Scots Magazine, 151. 3 Edin. Tests. VOL. II. O 210 CAMPBELL, MARQUESS OF BREADALBANE the only son who had issue of Oolin Campbell of Mochaster, who was third son of Sir Robert Campbell, Bart., Laird of Glenorchy, and younger brother of Sir John Campbell, Bart., who was father of John, created Earl of Breadalbane, etc., as before mentioned. He was born 30 March 1762, educated at Westminster, and afterwards resided for some time at Lausanne in Switzerland,1 succeeded his father in the estate of Carwhin 30 March 1772, and served heir to his cousin in the Peerage and family estates on 13 August 1782,2 retoured heir-male of tailzie and provision to his only brother, Captain Colin Campbell of Carwhin, 1 March 1793.3 One of the Representative Peers of Scotland, 1784 to 1802. He raised two regiments of Fencibles in 1792, which were afterwards increased by a third battalion,4 of which he was Lieutenant-Colonel, 1795; Colonel in the Army, 1802; Major-General, 1809; and Lieutenant-General, 1814. In 1805 he received the gold medal of the Society of Arts for his success in planting forty-four acres of waste land in the parish of Kenmore with Scots and larch firs.5 Councillor of State for Scotland to the Prince of Wales, April 1806. On 13 November 1806 he was created BARON BREADAL- BANE OF TAYMOUTH CASTLE, co. Perth, and on 12 September 1831, on the coronation of William iv., he was created EARL OF ORMELIE, MARQUESS OF BREAD- ALBANE in the Peerage of the United Kingdom. A caricature entitled, 'Petticoat Government, or the Grey Mare is the Better Horse,'6 which was published at the time was generally understood to represent Lord and Lady Breadalbane. He married, 3 September 1793, at her mother's house in Welbeck Street, Marylebone, Middlesex, Mary Turner, eldest daughter and co-heiress of David Gavin of Langton House, co. Berwick,7 by Elizabeth, daughter of James (Maitland), seventh Earl of Lauderdale. He died 29 March 1834, at Taymouth Castle, co. Perth. Will proved July 1834. His widow died 25 September 1845, at Langton House. Will proved October 1845, with issue : — 1. JOHN, Lord Glenorchy, second Marquess. 2. Elizabeth Maitland, born 25 July 1794, married, 19 1 Kay's Portraits, i. 233. 2 Respondent's Case, H. L., 18, and Joint App., 403. 3 Joint- App. (10), 116. * Brown's History of the Highlands, iv. 372 ; Kay's Portraits, i. 233, says there were four battalions. 5 Kay's Portraits, i. 233. 6 Ibid., i. 218. 7 Edinburgh Evening Courant, 7 September 1793. CAMPBELL, MARQUESS OF BREADALBANE 211 October 1831, to Sir John Pringle, Bart., of Stitchill, and died 17 February 1878. 3. Mary, born 10 July 1795, married 13 May 1819, to Richard Plantagenet, Marquess of Ohandos, after- wards second Duke of Buckingham, K.G., and died 28 June 1862. V. JOHN (CAMPBELL), Marquess of Breadalbane, Earl of Ormelie and Baron Breadalbane of Taymouth Castle ; also Earl of Breadalbane and Holland (in the Scottish Peerage), etc., only son and heir, born 26 October 1796 at Dundee, educated at Eton.1 He was M.P. for Okehampton (under the style of Lord Glenorchy), 1820-26, and for Perthshire (under the style of Earl of Ormelie), 1832-34. He was served heir to his father 14 July 1834 ; 2 Knight of the Thistle, 21 March 1838; Lord lieutenant of co. Argyll, 1839; Lord Rector of the University of Glasgow, 1841; Privy Coun- cillor, 1848 ; Lord Chamberlain of the Household, September 1848 to February 1852, and again January 1853 to February 1858 ; Hon.-Col. of Argyle and Bute Militia, 1854 ; Envoy Extraordinary to Prussia for the investiture (at Berlin, 6 March 1861) of King William (afterwards Emperor of Germany) with the order of the Garter ; Knight of the Black Eagle of Prussia ; President of the Society of Anti- quaries of Scotland ; Fellow of the Royal Society, etc. He married, 23 November 1821, at Mellerstain, Eliza, sister of George, tenth Earl of Haddington, eldest daughter of George Baillie of Jerviswood, who was then heir-presump- tive to the earldom of Haddington, by Mary, daughter of Sir James Pringle, Bart. She, who was born 29 June 1803, died 28 August 1861 in Park Lane, Middlesex, without issue. He died s. p. 8 November 1862, at Lausanne in Switzerland, when his titles of Baron Breadalbane, Earl of Ormelie, and Marquess of Breadalbane became extinct, while the Scottish Peerages devolved on the heir-male (general) of John Campbell, the first Earl under the patent of 1677. VI. JOHN ALEXANDER GAVIN, sixth Earl of Breadalbane and Holland, etc., cousin and heir-male, being only son and 1 Joint- App., 657. 2 Ibid., (5), 111. 212 CAMPBELL, MARQUESS OF BREADALBANE heir of William John Lamb Campbell of Glenfalloch, co. Perth, by Rosanna, daughter of John Doughty of Salop, which William John Lamb Campbell was son and heir of James Campbell, captain in the Fencibles (by Elizabeth Maria Blanchard), the said James Campbell being son of William Campbell, all of Glenfalloch, the last-named William being a son of Colin Campbell, who was a son of Robert Campbell, eldest son of William Campbell, who was the fifth son of Sir Robert Campbell, Bart., Laird of Glenurchy, whereby he was younger brother of Sir John Campbell, Bart., and of Colin Campbell of Mochaster, the respective ancestors of the preceding Earls. He was born in London 30 March 1824 ; ensign in 79th Foot in 1842 ; l succeeded his father in the estate of Glenfalloch, 4 June 1850 ; 2 and succeeded his distant cousin (fourth cousin twice removed) in the Peerage and family estates in 1862 as stated. His right to succeed to the Peerage and estates was chal- lenged by Charles William Campbell, grandson of John Campbell of Borland, on the ground that his father, William John Lamb Campbell, was not the son of James Campbell and Eliza Maria Blanchard by lawful marriage. Charles William Campbell was the next heir-male, and had he been successful in his contention, would have been entitled to succeed to the titles and lands. The Lord Ordinary (Bar- caple) of the Court of Session found it proved that John Alexander Gavin Campbell was nearest and lawful heir of tailzie and provision in special of the deceased John, fifth Earl of Breadalbane. On a reclaiming note the majority of the whole Judges of the Court of Session, on 26 June 1866, adhered to the Lord Ordinary's Interlocutor, and on appeal to the House of Lords the decision was again affirmed on 16 July 1867, Lord Chancellor Westbury and Lord Chelmsford being for, and Lord Wensleydale being against. John Alexander Gavin Campbell was sometime captain in the 1st Royals. He married, 20 April 1853, Mary Theresa, daughter of John Edwards, Dublin. She died at Nice, 27 February 1870. He died 20 March 1871, aged forty-seven, at the Albany, Piccadilly, with issue. 1. GAVIN, seventh Earl. 2. IVAN, born 17 November 1859 ; Deputy Lieutenant of 1 Joint- App., 670. 2 Respondent's Case, H. L., 33, and his Evidence, 678. CAMPBELL, MARQUESS OF BREADALBANE 213 the county of Argyll; lieutenant 79th Regiment; captain in 3rd Battalion Royal Scots, served in South Africa, 1899-1900 ; one of H.M. Hon. Corps of Gentle- men-at-Arms ; married, 23 July 1884, Lady Margaret Elizabeth Diana Agar Ellis, daughter of James, third Earl of Normanton, and has : — (1) Ian Edward Herbert, born 14 June 1885. 3. Norman, born and died in 1866. 4. Eva, born 22 July 1855, married 2 May 1876, John Cuthbert, second son of the Rev. S. J. Heathcote, vicar of Williton, co. Somerset, and has issue. VII. GAVIN (CAMPBELL), seventh Earl of Breadalbane and Holland, etc., son and heir, born 9 April 1851, at Fermoy, co. Cork; educated at St. Andrews College; sometime Lieutenant Renfrew Militia and (1882) Salop Yeomanry Cavalry ; Assistant Director and Deputy Chair- man of Ambulance Department and Knight of Justice of the Order of St. John of Jerusalem; Brigadier-General Royal Company of Archers; was one of the Lords-in-waiting on Queen Victoria, March 1873 to February 1874; Treasurer of the Household, May 1880 to June 1885 ; on 25 March 1873 he was created BARON BREADALBANE OF KEN- MORE, co. Perth ; and on 11 July 1885 was created EARL OF ORMELIE, co. Caithness, and MARQUESS OF BREADALBANE ; Lord Steward of the Household, 1892- 95 ; Knight of the Garter, 7 March 1894 ; Lord High Com- missioner to General Assembly of the Church of Scotland, 1893-95 ; Deputy Lieutenant co. Argyll ; J.P. for co. Argyll and Perth ; Colonel 5th Volunteer Battalion, Black Watch. He married, 27 July 1872, at Trinity Church, Cowes, Isle of Wight, Alma Imogen Leonora Charlotta, youngest daughter of John (Graham), fourth Duke of Montrose, by Caroline Agnes, daughter of John (Beres- ford), second Baron Decies. She, who was born 7 Septem- ber 1854, was an extra Lady-in-waiting to H.R.H. the Duchess of Albany. The King of Sweden and Norway conferred upon him in 1902 the Order of the Seraphim, one the oldest orders of knighthood. CREATIONS. — Earl of Caithness, Viscount of Breadalbane, Lord St. Clair of Berriedale and Glenurchy, in the Peerage 214 CAMPBELL, MARQUESS OP BREADALBANE of Scotland, 28 June 1677. Earl of Breadalbane and Holland, Viscount of Tay and Paintland, Lord Glenurchy, Bender- aloch, Ormelie, and Wick, in the Peerage of Scotland, with the former precedence, 13 August 1681. Baron Breadal- bane of Taymouth Castle, in the Peerage of the United Kingdom, 13 November 1806 (extinct). Earl of Ormelie and Marquess of Breadalbane, 12 September 1831 (extinct). Baron Breadalbane of Kenmore, 25 March 1873, Earl of Ormelie and Marquess of Breadalbane, 11 July 1885 ; all in the Peerage of the United Kingdom. ARMS.— Quarterly : 1st and 4th, Gyronny of eight or and sable ; 2nd, a lymphad sable, sails furled, oars in action, flags and pennons flying ; 3rd, or, a fess chequy azure and argent. CREST. — A boar's head erased, proper. SUPPORTERS. — Two stags proper, attired and unguled, or. MOTTO. — Follow me. [j. M'G.] BRECHIN, LORD OF BRECHIN ENRY OF BRECHIN, who was the first who gave name to this family, was a natural son of David, styled Earl of Hunting- don, the younger brother of Malcolm iv. and Wil- liam the Lion, Kings of Scotland. The date of his birth is not known, but he was old enough to witness a charter by his father between 1201 and 1207,1 along with another natural son of Earl David, Henry of Stirling. These two ap- pear not infrequently in charters by their father, their half-brother John, Earl of Huntingdon, and others of the period. In 1204 his father made interest with King John of England, and paid or offered 1000 merks to obtain for him the hand of a rich heiress, Matilda de Cauz, but the matrimonial project failed.2 In 1205, however, another heiress was found whom apparently he married.3 He is probably the Henry, son of Earl David, who was with King John in Ireland in 1210. He is frequently named in English records in connection with his father's affairs.4 1 Chartulary of Lindores, Scot. Hist. Soc., ii. 237. 'Henry, son of the Earl ' (David), occurs in a writ between 1191 and 1194, but there is no evi- dence as to which Henry is meant (Ibid., 284, 285). 2 Cal. Doc. Scot., i. Nos. 334, 350. The documents simply style him Henry, son of Earl David, which might apply also to Henry of Stirling, but Mr. Bain assumes, no doubt correctly, that Henry of Brechin was the intended bridegroom. 3 Ibid., No. 365. 4 Ibid., Nos. 475, 477, 478, 622, 623. 216 BREOHIN, LORD OP BREOHIN He was a witness to his father's will.1 It is not clear when he obtained the designation of Henry of Brechin, but he is so named in a charter probably dated before February 1215, and to which his father and two brothers were witnesses.2 The lordship of Brechin is said to have been granted by King William the Lion to his brother Earl David, who conveyed it to his son Henry. If so, the latter must have received it before the date of the charter cited. He is found as Henry of Brechin, attending the King's Courts held at Forfar in 1225 and 1227.3 Between that and 1242 he appears as Henry of Brechin, son of Earl David, granting, in the name of Juliana, his wife, and William, his son, a charter to the Abbey of LindOres, of which his father was the founder. He bestows on the monastery an annualrent of twenty shillings, desiring that he and his wife should be buried at Lindores, because there they had chosen a place of sepulture, as persons who have been received to the confraternity of the house, and to participation of its prayers and spiritual benefits.4 He was one of the magnates of Scotland who, in 1244, swore to aid Alexander n. to keep the truce or agreement entered into with England in 1237, and he apparently deceased before August of the following year, when his son is in possession.5 His wife's name was Juliana, and she was probably the daughter and heiress of Ralf de Oornhill, whom in July 1205, King John bestowed on him in marriage, with her estates.6 Henry and Juliana had issue, so far as recorded, a son : — SIR WILLIAM OF BRECHIN, who is first named by his father in the latter's charter to Lindores, already cited. He apparently succeeded his father before 30 August 1245, as on that date, while at Lindores, he granted to the monks there lands round or in the neighbourhood of their church of Rathmuriel (Christ's Kirk on the Green), now the eastern portion of Kennethmont parish, Aberdeen- shire.7 This shows he had inherited some of his grand- 1 Chartulary of Lindores, Nos. 719, 1000. 2 Ibid., 93, cf. 265. 3 Acta Parl. Scot., i. 91, 406. 4 Chartulary of Lindores, 66. 5 Ibid., 61. 6 Cal. Doc. Scot., i. No. 365. 7 Chartulary of Lindores, 60, 61. This has been claimed as the scene of the poem ' Christis Kirk on the Green ' (old Statistical Account, sub voce Kenethmont). The old name Rath or Rothmuriel seems to survive partially at least in * Murrell,' a neighbour- ing farm. BREOHIN, LORD OP BREOHIN 217 father's Garioch estates. At a somewhat later date he confirmed the grant of twenty shillings yearly made by his father, having in the interval been made a Knight.1 One of his residences, if not the chief, appears to have been his castle of Lindores, as in the beginning of 1249 he makes arrangement for divine service to be performed there when he required it, and obliged himself to provide all necessaries for the officiating chaplain. The chapel of the castle, built, as appears, by desire of David Bernham, Bishop of St. Andrews, is to be kept in repair by the granter. This charter was made at Bishop Bernham 's manor of Inchmurthach, now Inchmurdo, on 7 March 1248-49.2 Sir William appears to have taken some part in public affairs, though he is not referred to until after the death of Alexander n. He was a witness to a charter by the young King, Alexander HI., on 19 August 1251, 3 and was present in the Parliament of 20 September 1255, being then appointed on the Council who were to regulate the affairs of the King in the English interest.4 But this Council only held office for three years, and Sir William for a time at least is not named in public affairs. He was a generous benefactor of the Church. In 1261 he entered into a special agreement with the abbot and convent of Lindores,5 and he was founder of a chapel at Brechin in connection with a maisondieu or hospital, which in or about 1267, or a little later, he endowed with a definite portion of property. He describes himself as Sir William of Brechin, son of Henry, son of Earl David, and conveys to the master, the chaplains, and the poor men there to be serving God, all the land in which the chapel was situated, also the mill of Brechin, with the multures due to it, no doubt a yaluable consideration.8 Sir William was present at the completion of the marriage- contract of the Princess Margaret of Scotland with Eric, King of Norway, on 25 July 1281, and he swore allegiance 1 Chartulary of Lindores, 67, 68. He is described (42, 43) as Sir William of Brechin, Knight, in charters dated before or on 9 August 1248. 2 Ibid., 68, 69. 3 Laing Charters, No. 7, where the year is incorrectly given as 1252. 4 Acta Parl. Scot., i. 419. 6 Chartulary of Lindores, 142, 143 ; agreement dated 12 November 1261. 6 Reg. Epis. Brechinensis, i. 4-6 ; Beg. de Pan- inure, i. 205. The writ is undated, but must be about 1267, when Sabine became Abbot of Arbroath, and before 1269, when Albinus, Bishop of Brechin died. 218 BREOHIN, LORD OP BREOHIN to her infant daughter on 5 February 1283-84.1 His last recorded appearance is as one of an inquest who decided as to the ownership by Christian Maule of some pasture-land in the holding of Panmure on 14 October 1286.2 He died before 10 December 1292.3 Sir William of Brechin married, according to Wyntoun, the fourth daughter of Alexander Oomyn, Earl of Buchan, by Elizabeth de Quincy, and it is probably she who as Elena, relict of Sir William of Brechin and Lady of Kin- loch, granted, on 24 August 1302, two small portions of land to the monks of Lindores to be used for stacking peats and for buildings erected to preserve the abbey fuel.4 Sir William had issue, so far as recorded, one son : — SIR DAVID OF BRECHIN, who is first named as the son of the late Sir William of Brechin in a writ dated 10 December 1292, when King Edward i. made a grant of his marriage to Sir John de Oalantir or Oallendar, a grant renewed two years later, 18 June 1294.5 In 1296 he was on the English side in the battle of Dunbar, and took prisoner the son of Sir Simon Fraser. For this, or at least about the same time, he had a grant from King Edward of Alan Dorward's lands.6 In the same year he appears on the homage roll as of the county of Forfar.7 In the following year he again swore fealty and bound himself to go to Scotland and prepare himself to accompany Edward against the King of France, failing which he was to return south of Trent, where he had been at the King's will.8 This suggests that he was a prisoner on parole, and a fortnight later a protection or safe-conduct was granted him to go to Scotland.9 Some time afterwards he had attained the rank of knighthood, and he was present with other Scottish barons at Peebles on 19 August 1299, when the Bishop of St. Andrews, Robert Bruce, Earl of Oarrick, and Sir John Oomyn, younger, were appointed guardians. Sir David was then in the train of the Earl of Oarrick, and departed with him towards Annandale and Galloway.10 He 1 Acta Parl. Scot., i. 423, 424. 2 Stevenson's Historical Documents, i. 26. 3 Rotuli Scotice, i. 13. 4 Chartulary of Lindores, 176, 177. 5 Eotuli Scotia, i. 13, 21. e Palgrave, 315, 355. f Cal. Doc. Scot., 199, 209. 8 Ibid., No. 883. 9 Ibid., No. 961. 10 Ibid., No. 1978. 19 August 1299 is usually assigned as the date of this meeting, but it may have been a year earlier, as a writ by Robert Bruce, Earl of Carrick, in his own name and that of his co-guardian, John Comyn, is dated 2 December 1298. — Com- municated by Mr. J. R. N. Macphail, Advocate. BRECHIN, LORD OF BRECHIN 219 was still in that district in 1301, and was one of a strong force under Sir John Soulis and his own most intimate friend Sir Ingram Umfraville, who made a stern but un- successful assault on the castle of Lochmaben, then held by an English garrison.1 Sir David was wounded in the second day's fight, and the Scots army retired, not without caus- ing alarm among the English officials. He continued on the patriotic side until February 1304, when the leaders showed signs of wavering. He then had a safe-conduct to King Edward, and on 7 July of that year did homage at Stirling, where the King was conducting the siege of the castle, and received a precept for the restoration to him and his wife of her lands in England.2 It was perhaps at this time that his lands of ' Lyirdwode ' or Legerwood in Berwickshire were restored to him. They had been granted to Robert Hastings, who received compensation from Edward u.3 On 31 May 1305 Sir David was at Perth, and acted as one of a jury who gave a verdict as to the ownership of the barony of Orail. He is frequently named in the English records,4 and was appointed to hold Dundee for Edward i. In July or August 1307 he and his friend Ingram de Um- fraville were quartered at Ayr with a number of other knights under the command of Sir Aymer de Valence.5 He continued in the service of King Edward n., fought against Bruce at the battle of Inverury,6 and in May 1308 received Edward's thanks for his fidelity, receiving, a year later, a present of four casks of wine.7 Between that date and 15 June 1310 he had joined the Scots, as he was then received to the King's peace.8 Perhaps it was in the interval that he surrendered the castle of Brechin to the Scots, though it cannot be said that authorities agree as to the date. In the early months of 1312 he was at York with the King, and was paid his arrears of wages for him- self and his garrison at Dundee, though apparently in 1 Stevenson's Hist. Doc., ii. 432. 2 Cal. Doc. Scot, Nos. 1455, 1574, 1584, p. 416. 3 Ibid., iii. No. 258. 4 Ibid., No. 1670, 1716, 1717, 1876. 5 Ibid., 1961. 6 Barbour's The Brus, Spalding Club, 199. On p. 203 Barbour states that as a result of the fight Sir David took refuge in his own castle of Brechin, where he was besieged by David, Earl of Atholl, and submitted to Bruce. But it is doubtful if the Earl of Atholl was in Scotland at the date assigned to the battle of Inverury. 1 Cal. Doc. Scot. , iii. Nos. 43, 121. 8 Rotuli Scotice, i. 82. 220 BRECHIN, LORD OF BREOHIN January he had gone to Roxburgh on the King's affairs.1 In April he was appointed Warden of Berwick-on-Tweed, his horses and those of his men being duly valued, his own charger, a black destrier, being estimated at fifty marks. But he held the office, or at least drew wages for himself and his garrison, from 25 April to 13 May only, and in the account he is styled Sir David of Brechin, banneret.2 He may have been again sent to Dundee, as his horse was valued there in 1312,3 but his movements are difficult to trace. It is possible he may have been taken prisoner at Bannockburn, as on 4 October 1314 his wife received a safe-conduct to go to Scotland for release of her husband.4 His daughter was married on or about 26 March 1315, and he witnesses a charter of King Robert between 1315 and 1320.5 The next notice of him in English record is on 27 August 1317, when Edward n. empowers his Chancellor to issue letters in his favour, as he has received him to peace, and pardoned his offences.6 On 6 April 1320 Sir David appended his seal to the letter from the barons and community of Scotland to Pope John xxii., declaring their intention to maintain the in- dependence of their country. Unhappily his own career was cut shbrt a few months later in a tragic manner, con- nected with an alleged conspiracy, which to this day is involved in mystery. Fordun states that about August 1320 a plot was discovered of treason against King Robert, and that at a Parliament held at Scone in that month those accused were found guilty. He does not explain the nature of the treason. Barbour says it was proposed to dethrone Bruce and make Sir William Soulis king, and Crawford states it was a conspiracy to surrender Berwick back to the English. Whatever it was, those who were seized and convicted were barbarously punished, and while the other accused seem to have been little lamented, the fate of Sir David Brechin was much pitied. He was said to have fought in the Holy Land against the Saracens, and while there so distinguished himself by valour that among those who knew him he was styled the 4 Flower of knight- 1 Cal. Doc. Scot., Nos. 238, 283. 2 Ibid., Nos. 267, 268, 273, pp. 396, 399, 415. The horses were valued that they might be replaced if lost or killed. 3 Ibid., 429. 4 Eotuli Scotice, i. 132. 5 Reg. de Panmure, ii. 219; Original charter in Gen. Reg. Ho., No. 80. 6 Cal. Doc. Scot., iii. No. 569. BREOHIN, LORD OP BREOHIN 221 hood.' His offence, too, was comparatively lenient. He was in no way concerned in the plot, was indeed wholly opposed to it, but had known of it, and was compelled to take an oath of secrecy. For his silence, and his failing to inform the King, he was condemned and executed. Bar- bour relates how Sir Ingram de Umfraville, who had been a prisoner since Bannockburn, remonstrated with King Robert as to Sir David's fate, and desired leave to go to England.1 Buchanan, in his history, almost sheds tears over the fate of one whom he describes as a youth, and the nephew of the King. But it will be clear from the fore- going narrative that he was not a young man, and that there was only one Sir David Brechin, and not two, as hitherto assumed, on insufficient grounds, by Buchanan and others.2 His long devotion to the English service may have prejudiced King Robert against him. His first seal, attached to two homages in 1296 and 1297, shows a shield bearing three piles, not in point. Legend 4 S. DAVID DE BRECHIN.' For his second seal, see below. Sir David was twice married. His first wife was Mar- garet, daughter and heiress of Sir Alexander of Bonkill, and widow of Sir John Stewart, called of Bonkill, who was killed at Falkirk in 1298. This is proved by the precept to restore her lands in July 1304, already cited, and also by a document referred to by Mr. Bain. From an inquiry made by the Bishop of Carlisle as to a disputed patronage of the church of Uldale which had belonged to her, it appears that she died about September 1304, that she was twice married, first, to John [Stewart], and secondly, to David Brechin, and had issue to both. Her heir by John Stewart was still a minor. Brechin, it seems, questioned the validity of her first marriage, and his own was also doubtful, but he had obtained a papal dispensation.3 It is less easy to say who was Sir David's second wife. She is named Margery in a safe-conduct in 1314, and it is not improbable that she was a Ramsay, as the seal under his name appended to the Pope's letter on 6 April 1329, shows 1 The Brus, Spalding Club, 438-442; cf. Cal. Doc. Scot., Hi. Nos. 721, p. 435. 2 Cf. Fordun a Goodall, ii. 74 ; Crawford's Peerage under Brechin, and Cal. Doc. Scot., Hi. 28, n., where Mr. Bain was the first to notice this mistake. 3 Cal. Doc. Scot., ii. p. 58, Nos. 1455, 1574, 1584 ; Ninth Rep. Hist. MSS. Com., App. 1816. 222 BRECHIN, LORD OF BREOHIN three shields point to point, bearing respectively three piles for Brechin, three garbs for Comyn, and an eagle with wings displayed, probably for Ramsay, as the seal has the legend 4 Maria de Rame . . . .y but nothing further can be stated on the subject. It is, however, evident that Sir David's alleged relationship by blood or marriage to King Robert Bruce is rendered more than doubtful. Sir David had issue, so far as known, only by his first wife, one daughter, Margaret, who was married, about 1315, to Sir David Barclay. SIR DAVID BARCLAY, who became Lord of Brechin through his wife, the daughter of Sir David Brechin, was lord of Oairny, Murdochcairny, Auchtermoonzie (now Moonzie), Torr, and Kinsleaths in Fife, and apparently of Eddleston in Peeblesshire and Hyndford in Lanarkshire.2 It has not been ascertained to what family he belonged, but it is apparently he who is described in the homage roll of 1296 as of the county of Fife.3 He received from King Edward i. a grant of the lands of Avoch in Ross-shire, but about 1307 Hugh Ross, son of the Earl of Ross, petitioned Edward n. that the lands might revert to him, as Sir David Barclay had joined Bruce.4 This corroborates Barbour, who implies that Barclay had joined Bruce before the battle of Methven, and he was apparently taken prisoner there, on 19 June 1306.5 Nothing farther is known of him for some years, and he may have remained a captive until after Bannockburn, as the next notice of him is on 26 March 1315, when he granted certain lands to his future wife. After the death of his father-in-law, Sir David Brechin, in 1320, Sir David Barclay received from King Robert Bruce a grant of his forfeited lands of Rothiemay, Brechin, Kinloch, and others.6 Henceforth he appears as Lord of Brechin.7 In 1327 and 1329 he was one of the Auditors of Exchequer, and he was Sheriff of Fife in 1328. He acted as Steward of the Household of the young Earl of Carrick, after- wards David ii., and he had superintendence of the burial 1 Eotuli Scotice, i. 132; Acta Parl. Scot., i., figure of seal in facsimile. 2 Reg. de Panmure, ii. 220. 3 Cal. Doc. Scot., ii. 209. 4 Col. Doc. Scot., ii. 400. 5 The Brus, Spalding Club, 40. 6 Robertson's Index, 18, 26. 7 Cf . Reg. de Panmure, ii. 220. BRECHIN, LORD OF BRECHIN 223 arrangements of King Robert Bruce at Dunfermline in 1329.1 In 1342, he, by command of King David n., seized and imprisoned in Lochindorb an ambitious churchman, William Bullok, who had fallen under the King's dis- pleasure.2 Some years later, probably on account of some feud, or perhaps in revenge for the death of Sir Alexander Ramsay, he procured the death of John Douglas, brother of Sir William Douglas, the 4 Knight of Liddesdale,' at a place called 'Forgywood.' In revenge he was himself assassinated by hired assassins at Aberdeen, on 25 January 1350, under circumstances of cruelty and treachery.3 By his wife Margaret Brechin he had issue : — 1. SIR DAVID, who succeeded. 2. Jean, who married Sir David Fleming, and had issue, two daughters : — (1) Janet, mother of Alexander Seton. Neither this Alexander Seton nor his father have been clearly identified.4 It was proposed, about 1398, to marry him to Elizabeth Erskine, daughter of Sir Thomas Erskine and Janet Keith or Barclay, his spouse, but she married Duncan "Wemyss of Reres.5 (2) Marion, who married, about 1380, William Maule of Panmure, and was the ancestress of the Maules, Earls of Panmure. (See that title.) Her grandson, Thomas Maule, was, in 1437, acknowledged as heir of line of the lordship of Brechin.6 SIR DAVID BARCLAY, Lord of Brechin, does not appear on record till after his father's death, and then very seldom. In 1363, as Lord of Brechin, he confirms a charter of Dun- more in favour of Roger Mortimer, and he also granted, at an uncertain date, a charter of the lands of Kinsleath to his cousin, Hugh Barclay, son of his uncle, David Barclay.7 It was apparently he who had a safe-conduct, on 5 February 1362-63, to pass through England to Prussia, and in the following December, and on 13 October 1366, he had other safe-conducts, in the last of which he is styled 'miles.1 The exact date of his death is not known, but he was dead some time before 16 April 1369.8 1 Exch. Rolls, i. 215. 2 Cf. Ibid., ii. p. cxxiv. 3 Fordun a Goodall, ii. 348. 4 But see Family of Seton, i. 90, 91 ; and a writ of 1341 in Reg. de Pan- mure, ii. 164, 165. It may be noted that Sir William Seton of Seton in 1402 styles David Fleming of Biggar his brother. Writ dated 14 May 1402 in Wigton Charter-chest, copy in H.M. Gen. Reg. Ho. 5 Reg. de Panmure, ii. 230. 6 Ibid., 178, 228-230. • Ibid., ii. 222. 8 Reg. Mag. Sig., folio vol. 64, No. 209. 224 BREOHIN, LORD OF BRECHIN He married Jean, or Janet, daughter of Sir Edward Keith of Synton, and of Christian Menteith, second daughter of Sir John Menteith of Arran and Ellen of Mar, and by her had one daughter Margaret. Janet Keith, or Barclay, married, secondly, before 16 April 1369, Sir Thomas Erskine, son of Sir Robert Erskine, who had married her mother, Christian Menteith. On the date named, King David n. granted certain lands in Stirling- shire to Sir Thomas Erskine and Jean Barclay his wife. Sir Thomas died in 1405, and was survived by his wife till about 1413.1 Sir Robert Douglas in his Peerage of 1764 gives the Erskine pedigree correctly, and the confusion which has arisen since is caused by overlooking the fact that Jean Keith, widow of Sir David Barclay, and Jean Barclay, who married Sir Thomas Erskine, were one and the same person, she having, as did her mother and various other ladies of that period, retained the name of her first husband when she married again. Her identity is proved by a witness who, in 1437, declared on oath that he had been from his youth in the household of Sir Thomas Erskine and his wife, and he speaks of her as the mother of the Countess of Atholl, and therefore the widow of Sir David Barclay of Brechin.2 The daughter of Sir David, Margaret, Lady of Brechin, appears at first as in the charge of Sir Thomas Erskine, and doubtless of her mother, and probably remained there until her marriage, some time before 19 October 1378, to Walter Stewart, the second son of King Robert n., by his second wife, Euphemia Ross, and in her right he became Lord of Brechin. (See also vol. i. p. 438.) She predeceased her husband, by whose forfeiture, in 1437, the lordship passed into the hands of the Crown, in default of the heir of line, Sir Thomas Maule of Panmure, though his heirs acquired their ancient inheritance again by purchase in 1634.3 (See title Panmure.) ARMS. — Or three piles gules. [J. A.] 1 Exch. Rolls, iv. 260. 2 Eeg. de Panmure, ii. 230; Mar Peerage Minutes, 513, Pedigree by George Erskine, 1709. 3 Reg. de Panmure, i. p. xl. ; ii. 224-226. SCOTT, DUKE OF BUCCLEUCH ICHARD LE SCOT of Rankilburn, and Murth- ockston, appears among the barons of Scotland! who swore fealty to King Edward i. of England 1296. He is the first ancestor of this family of whom there is definite record, and is styled in the Homage Roll as ' of Murthoxton ' or Murth- ockstoun, now Murdies- toun, in the county of Lanark, which he is tra- ditionally said to have acquired by his marriage with the daughter and heir of Murthockstoun of that Ilk. But he had also lands in Selkirkshire, which were restored to him in September 1296.1 He is said to have died about 1320.2 His next successor on record was ROBERT SCOTT of Rankilburn and Murthockston, who died before 7 December 1389, and was succeeded by his son, SIR WALTER SCOTT of Rankilburn and Murthockston, a gallant and brave man, who performed many signal actions 1 Cat. Docs. Scot., ii. 198, and No. 832. 2 Fraser's Scotts of Buccleuch, i. 10. On this work this article is chiefly based, and it is tacitly referred to when no other authority is mentioned specifically. In it, however, Richard le Scot is said to have died in 1320, and to be succeeded by a Michael. But of this last there is no evidence, while Michael Scot was then the laird of Balwearie in Fife. Richard Scott may have lived beyond 1320, and his successor may have died some years before 1389. VOL. II. P 226 SCOTT, DUKE OP BUCCLEUOH for the service of the Crown. He had from King Robert n., with consent of his eldest son John, Earl of Carrick, a charter dated 7 December 1389 of the superiority of the barony of Kirkurd.1 In 1398 he was one of those principal persons on the Borders who were bound to keep the peace of the Marches. He was killed at the battle of Homildon Hill, 11 September 1402, and was succeeded by his son, ROBERT SCOTT of Rankilburn and Murthockstoun, who confirmed a charter, dated at Murthockstoun 18 February 1406-7, by his vassal Thomas Fraser. He excambed the lands of Glenkery with the monks of Melrose for the lands of Bellenden, 28 May 1415, reserving the right to hunt and fish.2 He acquired part of the lands of Branxholm, so long associated with his family. He resigned the lands of Lempidlaw in favour of his son Walter 1426, in which year he died. He had two sons : — 1. WALTER, who succeeded. 2. Stephen of Castlelaw, who acquired in 1448, from John Burel of Eckford, the granter's lands of Burellands, in the barony of Eckford.3 SIR WALTER SCOTT of Buccleuch. He obtained from King James i. a grant of the Mains of Eckford, in the county of Roxburgh, as a reward for his capture of Gilbert of Rutherford, a noted reiver, which grant was completed by King James n., by charter dated at Stirling 3 May 1437.4 He exchanged his lands of Murdiestoun in 1446, with Thomas Inglis of Manor, for half of the lands of Branx- holme, of which he already possessed the other half. Tradi- tion imputes the exchange to a conversation betwixt Scott and Inglis, who complained much of the injuries he was exposed to from the English Borderers, who frequently plundered his lands of Branxholm. Scott instantly offered him the estate of Murdiestoun by way of excambion ; when the bargain was completed, he drily observed that the Cumberland cattle were as good as those of Teviotdale, and proceeded to commence a system of reprisals upon the English which was regularly pursued by his successors. He was one of the conservators of truces with England 1 Fraser's Scotts of Buccleuch, ii. 15. 2 Liber de Melros, ii. 547. 3 Scotts of Buccleuch, ii. 37. * Ibid., 30. SCOTT, DUKE OF BUOOLEUOH 227 1449, 1451, 1453, 1457, and 1459. He exerted himself actively in suppressing the rebellion of the Douglases in 1455, and rose high on the ruin of that powerful family, obtaining from King James n. a grant of their lands of Abington, Phareholme and Glendonanrig, by charter dated 22 February 1458-59.1 He and his son Sir David also had from King James n. a grant of the remaining half of the lands of Branxholm to be held blench for payment of a red rose at the feast of St. John the Baptist.2 They like- wise had part of the barony of Langholm in Dumfriesshire conferred on them. He was present in Parliament at Edinburgh in 1464,3 and died before 9 February 1469. He married Margaret Oockburn (living 1463) of Hender- land, and had three sons : — 1. DAVID, his heir. 2. Alexander of Abington and Howpasley, who died before 21 May 1488. He had two sons, Walter of Howpasley,4 and Adam, both named in the charter of 21 May 1488 cited below. 3. James of Kirkurd, ancestor of the families of Hassen- dean, Burnhead, etc. His descendants, however, are not mentioned in the charter of 1488. DAVID SCOTT of Buccleuch, the eldest son. He was con- cerned in most of the public transactions in the reign of King James in., was instrumental in suppressing insurrec- tions on the Borders, and was a conservator of peace with England. He sat in Parliament in 1481 as David Scott of Kirkurd, and in the Parliament of 1487,5 being then styled 'Dominus de Bucluche.' For his services at the battle of Blackness he received a charter from King James in. erect- ing the lands of Branxholm, Eckford, and others into the barony of Branxholm 21 May 1488.6 He died in March 1491-92, and was buried in the church of the Holy Cross at Peebles. He had issue : — 1. Walter, his eldest son, contracted before 28 June 1465 to Katherine, daughter of John Lindsay of Covington. He died, vita pair is, before 1471. 1 Reg. Mag. Sig. 2 Scotts of Buccleuch, ii. 60. 3 Act a Parl. Scot., ii. 84. 4 Twelfth Rep. Hist. MSS., App. viii. 146, 147. 6 Acta Parl. Scot., ii. 175. 6 Scotts of Buccleuch, ii. 89. 228 SCOTT, DUKE OF BUOOLEUOH 2. DAVID, of whom afterwards. 3. Robert of Allanhaugh, received from his father the lands of Whitchester in 1483, from whom the Scots of Scotstarvit trace their descent. 4. William, married in 1472, apparently died s. p. 5. Janet , married (contract dated November 1470), to Sir James Douglas, son and apparent heir of Sir William Douglas of Drumlanrig.1 6. Margaret, said to have been married to James Haig of Bemerside.2 7. married to John Lindsay, eldest son of John Lind- say of Oovington.3 8. Isabella, married, first, before her father's death, to Sir Symon Oarruthers of Mouswald ; secondly, to John Murray of Falahill.4 DAVID SCOTT, younger of Buccleuch, second son, but after 1471 apparent heir, of David Scott of Buccleuch, died, vita patris, before 21 May 1488. He married, in 1472, Jane Douglas, daughter of George, fourth Earl of Angus,5 and bad a son : — 1. WALTER, of whom below. SIR WALTER SCOTT of Buccleuch, Knight, son of David Scott, younger of Buccleuch, succeeded his grandfather, David Scott of Buccleuch, in 1492, when he was retoured heir in the lands of Branxholm.6 He died before 15 April 1504,7 having married Elizabeth, daughter of Walter Kerr of Oessford, widow of Philip Rutherford, son and heir-apparent of James Rutherford of that Ilk. She survived Sir Walter until 19 October 1548, being burned to death in the tower of Oatslack, which was fired by the English.8 They had issue : — 1. WALTER, his heir. 2. William of Whitehope, who had a charter of the lands of Whitehope 17 July 1515 from James Douglas of Whitehope. His brother Sir Walter was served heir to him in 1523. SIR WALTER SCOTT of Buccleuch, Knight, 4 Wicked Wat » 9 1 Scotts of Buccleuch, ii. 69. 2 Cf. Reg. Mag. Sig., 14th February 1489. 3 Scotts of Buccleuch, i. 74. 4 Acta Dom. Cone., viii. f. 89; xvii. f. 177. l. *Ibid.,95-91. TIbid.,m. »IMd.,lSl. 9 Satchel's History, 48. SCOTT, DUKE OF BUOCLEUOH 229 succeeded his father. He was probably knighted at the battle of Flodden, at which he fought 9 September 1513, and where he lost many of his kinsmen. He was retoured heir to his father 27 October 1517, and was appointed in 1519 by Robert, Abbot of Melrose, bailie of the Abbey lands. This was shortly afterwards made hereditary, and confirmed by a charter under the seal of the papal Penitentiary, dated Rome, 17 May 1525. He was warded in Edinburgh in 1524 on account of a dispute with the Queen-Dowager of James iv. regarding her dower lands in Ettrick forest, but he escaped the same year and associated himself with the party of the Earls of Angus and Lennox. He received letters of pardon under the Privy Seal, 9 May 1526, for an attempt to capture the Earl of Arran. During the same year he was defeated, on the 25 July, at Darnick near Melrose, by the Earl of Angus, in an attempt to free the young King James v. from the Douglas faction. For this he was exiled under a penalty of £10,000 Scots. Letters of remis- sion were granted 3 December 1527, and he was made principal cupbearer.1 He received a pardon under the Great Seal 10 February 1527-28, and by Act of Parliament 5 September 1528. In October 1532 the Earl of Northumber- land burned Branxholm Tower, and Buccleuch retaliated by a formidable raid into England. In 1535 he was accused of assisting Lord Dacre and warded in Edin- burgh, 19 April 1535, at the King's will, but was released before 13 May 1536,2 though again imprisoned in 1540. He opposed the marriage of the infant Queen Mary to Prince Edward of England, and mutual raids resulted. He was made, in 1543, Keeper of Newark Castle for nineteen years, and fought at the battle of Pinkie 10 September 1547. He submitted to Edward vi. of England with consent of the Governor Arran in that year, but in 1548 the English took and burned Newark, and a feud began with the Kerrs. In 1550 he was made Warden of the middle Marches, and in 1551 Warden and Justiciar of Liddesdale. He was killed on 4 October 1552 by the Kerrs, who attacked him in the High Street of Edinburgh, and ran him through with swords.3 He married, first, before 4 September 1523, 1 Buccleuch Charter-Room. 2 Hamilton Papers, ii. 740. 3 Scotts of Buccleuch, i. 65-125. 230 SCOTT, DUKE OF BUCOLEUCH Elizabeth Carmichael, a daughter of the family of that Ilk,1 who died before 1530, with issue, two sons : — 1. David, to whom his father conveyed the lands and baronies of Branxholm, Rankilburn, Eckford, and Kirkurd, 20 October 1528. He died, vita patris, before 1544, unmarried. 2. SIR WILLIAM SCOTT of Kirkurd, of whom afterwards. He married, secondly (contract dated January 1529-30), Janet, daughter of Andrew Kerr of Fernihirst, widow of George Turnbull of Bedrule,2 and had no issue. They were divorced, and she was living in 1555. He married, thirdly, before June 1544, at the instance of Cardinal Betoun,3 Janet, daughter of John Betoun of Creich, widow of Sir James Crichton of Cranston Riddel and divorced wife of Simon Preston of Craigmillar, who survived him. She marched at the head of two hundred men to the Kirk of St. Mary of the Lowes, breaking its doors open to seize the Laird of Cranstoun. Later, she favoured the alliance of Bothwell and Queen Mary, and was said to have influenced them by witchcraft.4 She died January 1568-69, leaving issue : — 3. Walter. 4. David. 5. Grisel, married to William, seventh Lord Borthwick, with whom she lived unhappily. She was accused of an intrigue with Walter Scott of Tushielaw 15 January 1579-80, but 4 the assyse was desert.' 5 She married, secondly, Walter Cairncross in Lugatt, son of John Cairncross of Colmslie, before 1593.6 6. Janet (contracted 1564-65 to George Kerr, younger of Fawdonside), married to John Cranstoun of that Ilk. She was the wife of Robert Scot of Haining in 1580.7 7. Margaret, probably the wife of Robert Scott of Thirl- stane.8 She was accused of an intrigue with William, Lord Borthwick, and was cited before the Justices. Thomas Borthwick of Midilton was 4 amerciated * for her non-appearance 15 January 1579-80.9 He had also a natural son, Walter Scott of Goldielands, who led the Scotts during the minority of Buccleuch.10 1 Scotts of Buccleuch, ii. 140. 2 Ibid., 156-157. 3 Hamilton Papers, ii. 640. 4 Buchanan's Detection, 151. 5 Pitcairn's Criminal Trials, i. 84. 6 Laing Charters, 1256. 7 Reg. of Deeds, xix. f. 401. 8 Cf. M'Call's Some Old Families, 189-190. 9 Pitcairn's Criminal Trials, i. 84. 10 Scotts of Buccleuch, i. 177. SCOTT, DUKE OF BUCCLEUCH 231 SIR WILLIAM SCOTT of Kirkurd, Knight, younger of Buc- cleuch, eldest surviving son of Sir Walter Scott by his first wife. He early took part with his father in the Border forays, and was present at the battle of Pinkie. He entered in 1549 into a bond of manrent with Mary of Lorraine, the Queen Regent.1 He died, vita patris, shortly before 19 May 1552, having married Grisel, second daughter of JohnBetoun of Oreich, sister of Dame Janet Betoun, his father's third wife. She survived him, marrying, secondly, Sir Andrew Murray of Blackbarony. He had issue : — 1. WALTER, succeeded his grandfather. 2. Janet, married, as second wife, to Sir Thomas Kerr of Fernihirst, who died in 1586, with issue. 3. Margaret, married (contract 7 August 1568) to Sir John Johnstone of that Ilk, and had issue. (See Annandale.)* She was buried 1 February 1618.2 4. Elizabeth (contracted 22 March 1564-65 to Thomas Kerr, second son of Sir Walter Kerr of Cessford, which contract was apparently not carried out), married to John Oarmichael of Meadowflat. SIR WALTER SCOTT, Knight, of Branxholme and Buccleuch, succeeded his grandfather, Sir Walter Scott, in 1552. Born 1549, 4a man of rare qualities, wise, true, stout, and modest.'* To end the feud with the Kerrs several marriages were arranged in 1564. A feud with the Elliots broke out in that year also, resulting in mutual raids. He was made captain of the Castle of Newark for nineteen years by Queen Mary, 24 March 1565-66,4 and supported the Queen with a force of over three thousand men. He laid waste the English Border, for which he suffered in 1570, when the English army invaded Scotland, blowing up Branxholm Castle, which Buccleuch had relinquished. He took part in the plot to capture the Regent Lennox, and was imprisoned, but soon set at liberty. He rebuilt Branx- holm in 1571, and died there, aged twenty-five, 17 April 1574. He married, at a very early age (contract dated 19 January 1567-68), 5 Margaret Douglas, daughter of David, seventh Earl of Angus. She survived him, and married, 1 Scotts of Buccleuch, ii. 195. 2 Canongate Register. 3 Sir James Melville's Memoirs. 4 Scotts of Buccleuch, ii. 220. 6 Acts and Decreets* xlii. f. 22. 232 SCOTT, DUKE OF BUCCLEUCH secondly, Francis Stewart, Earl of Bothwell. Dying in 1640, she was buried at Eckford. By her he had issue : — 1. WALTER, who succeeded. 2. Margaret, usually said to be married to Robert Scott of Thirlestane, but this is doubtful.1 3. Mary, married to William Elliot of Lariston, with issue. I. SIB WALTER SCOTT of Buccleuch, Knight, succeeded his father as Laird of Buccleuch in 1574. He was born in 1565, retoured heir to his father 3 July 1574. He became known as the 'Bold Buccleuch,' and took part in every Border raid of his time.2 He was for some turbulence warded in Blackness, but escaped, and received from King James vi. letters of re- mission, 3 March 1582-83. In 1587 he took part in a raid against England, for which he was warded in Edinburgh Castle, but soon released. He was knighted in 1590 at the coronation of Queen Anne. He received letters of pardon from the King, September 1591, for ' intercommuning ' with Francis, Earl of Bothwell, his stepfather, and on the 4 September a licence to permit him to go to France, where he remained until 1593. On 1 October 1594 he received a charter under the Great Seal of the lands and barony of Hailes, Bothwell, Liddesdale, and others, part of forfeited estate of the Earl of Bothwell. In 1596, at the head of eighty horsemen, he stormed the Castle of Carlisle, and released William Armstrong of Kin- mont, known as ' Kinmont Willie,' a daring border reiver, who had been treacherously captured by Thomas Salkeld, and in defence of this action the King and Council were ready to go to war with England, until a second raid by Buccleuch occurred, when he was tried and found guilty, and warded with the English Master of the Ordnance at Berwick, Sir William Selby, and was afterwards received by Queen Elizabeth. In 1597 he made another raid into Tynedale, for which he was imprisoned in Edinburgh Castle, and eventually in England. On 14 November 1608, he, as Keeper of Liddes- dale, received a letter of approval and indemnity from the King under the Great Seal.3 In 1604 he commanded a body 1 M'Call's Some Old Families, 188-190. 2 Scotts of Buccleuch, i. 162-241. 3 Reg. Mag. Sig. SCOTT, DUKE OF BUOOLEUOH 233 of troops in the Netherlands, under Prince Maurice of Nassau, where he fought until the truce of 1609. He was created a Lord of Parliament in Scotland by the title of LORD SCOTT OF BUCCLEUCH, 1606,1 with remainder to his heirs-male, and appointed a member of the Privy Council 26 February 1611. He died 15 December 1611 at Branxholm, and was buried at Ha wick. He married (con- tract dated at Halyden 1 October 1586) Margaret, daughter sig^ 6 Aprll 1609 4 Laing Charters, No. 1648. 5 Acts and Decreets, cccxxx. f. 2796. 6 P. C. Reg,, xiii. 532. 7 Reg. Mag. Sig. 8 Acts and Decreets, cccxxx. f. 2716. 394 CARLYLE, LORD OARLYLE did. He succeeded on 14 July 1608, and is at once styled Lord Torthorwald.1 On 6 April 1609 he had a charter of the lands and barony of Carlyle, resigned by William Cunningham in Dolphinton.2 He had not long had pos- session when he began to grant annualrents and other- wise dissipa.te his estate, and he was under interdict before 11 September 1617, though apparently his inter- dictors could not altogether arrest his unhappy progress.3 A few years later he sold or mortgaged all his lands, including Torthorwald, to William Douglas of Drumlanrig, who had a charter of them on 8 January 1622.4 He is said by Crawford to have also resigned his title of honour to Douglas in 1638, but he has not been discovered in any record after August 1622, and the date of his death has not been ascertained.5 He married, first, before June 1611,6 Elizabeth, daughter of Sir Robert Gordon of Loch- invar, and in 1615 he was suing for divorce against her and William Bannatyne, younger of Corehouse, as co-respon- dent.7 He married, secondly, November 1618, in the parish church of Ludgate Hill, Anne Saltonstall, of what family is not known. On 8 August 1622, she divorced him for adultery.8 He had, so far as recorded, no issue by his first wife, but by his second he had one son : — James, baptized 2 January 1621, but of whom nothing more is known.9 CREATION.— July 1473 or 1474. ARMS. — As given by Nisbet : — Quarterly, 1st and 4th, argent, a cross flory gules, for Carlisle ; 2nd and 3rd, or, a cross gules, for Corsbie ; on an escutcheon surtout argent a saltire azure. CREST. — Two dragons' necks and heads addosse vert. SUPPORTERS. — Two peacocks proper. MOTTO. — Humilitate. [J. A.] 1 Acta Parl. Scot., iv. 466, 468; cf. P. C. Reg., viii. ix. and x. passim. 2 Reg. Mag. Sig. 3 Ibid., at date. 4 Ibid. 5 The Earl of Nithsdale about 1620 had the title of Lord Carlyle, and Viscount Torthorwald was in 1682 among the Duke of Queensberry's titles. 6 Gen. Reg. Inhibitions, 5 May 1619. 7 Ibid., 2nd series, ix. 245. 8 Edinburgh Commissariot Decreets, at date. 9 The last Lord Torthorwald is said to have had a son William by his first marriage, but of this no evidence has been found. Carmuat!) DALZELL, EARL OF CARNWATH ALZELL, Dalyell, or Daliel is probably Gaelic, from a word signifying the 'White Dale,' and the surname is of local origin, derived from the parish of that name, the church of which in early times belonged to the Abbey of Paisley. The barony of Dalzell, how- ever, does not appear on record till about 1341, when King David n. granted it to Sir Malcolm Fleming in free warren.1 Part of it was also held by Sir Robert de la Vale, from whom it was forfeited in 1363.2 After passing through the hands of various owners, it was granted to Sir George Dalzell in 1397.3 The first of the surname of Dalzell on record appears to be — HUGH DB DALZELL or DALIEL, who was Sheriff of Lanark for the years 1288 to 1290.4 THOMAS DE DALIELLE, signed the Ragman Roll of Edward i. on 28 August 1296, at Berwick-on-Tweed, along with John de Baliol and others.5 1 Spalding Club Misc., v. 315. 2 Ibid. ; Reg. Mag. Sig., folio vol. 25-26. 3 It is curious to notice that on the death of Sir John (ante 1437), the barony of Dalzell goes to his third son, in the distribution of the various estates. 4 Exch. Rolls, i. 39 and 46 ; Cal. of Docs., ii. No. 363 ; Reg. Episc. Glasguensis, ii. 620. 6 Cal. of Docs., ii. No. 212* 396 DALZELL, EARL OF CARNWATH ROBERT DE DALIEL or DALLIELE appears on the Muster Roll of Berwick Garrison under Lord Robert de Grey, Knight, in 1311-12, and also as one of the Scots men-at- arms under William de Felton, the Constable of Roxburgh Castle in 1340-42.1 SIR ROBERT DE DALZELL, Knight, in 1360, paid a sum into the Exchequer for the Upper Ward of the shire of Lanark.2 He obtained from David n. t omnes terras nostras de Selkyrk cum pertinentiis exceptis annuis redditibus nostris et firmis nostris de burgo nostro de Selkyrk^ to him and the lawful heirs-male of his body, on 15 May 1365.3 He also got from David n. a grant of the Serjeantship of Lanark, on the resignation of Andrew Starheved.4 The lands of Oroykstoune in the county of Peebles were also acquired by him from the same monarch.5 On 6 March 1368 he was one of the barons elected to the Parliament at Perth,6 and on the accession of Robert n., he attended the coronation at Scone on 27 March 1371. 7 Sir Robert was in 1379 one of the sureties to King Haquin of Norway, for the good government of the Earl of Orkney, and in the follow- ing year was sent to Norway by the latter, and died shortly after his return therefrom.8 His name occurs as a witness in 1374-84 to a charter by William, Earl of Douglas and Mar, to John of Oarmichael of the lands of Over Carmichael.9 SIR WILLIAM DE DALZELL of Dalzell, obtained from David ii. a fee of five pounds sterling, as Sergeand of Lanark on 13 August 1364.10 In 1378 he mortified to the Chapel of Mary of Cambuslang an annualrent of six merks sterling out of his farm of East Rutherglen,11 and in the two following years the mill of Lanark was in his hands ex dono regis.12 He lost an eye at the battle of Otterburn in 1388, and two years later accompanied Sir David Lindsay, after- wards Earl of Crawford, to the famous jousting of Richard n. It was on this occasion that, according to Fordun, Sir William 1 Cat. of Docs., iii. 394, and No. 1382, p. 252. 2 Exch. Rolls, ii. 47. 3 Reg. Mag. Sig., folio vol. 45. 4 Robertson's Index, 63, 46. 5 Ibid., 32, 17. 6 Acta Parl. Scot, i. 148. 7 Ibid., i. 181. 8 Torfaeus, Or cades, 177. ° The Douglas Book, iii. 398. 10 Reg. Mag. Sig. , folio vol. 39. " Ibid. , 8 December 1873. 12 Exch. Rolls, iii. 20 and 59. DALZELL, EARL OF CARNWATH 397 was the hero of two good tales both related in Wood's Douglas. The first was of a ready reply to an English knight, who reflected on the honour of the Scottish ladies, when Dalziel retorted in kind. The other tale runs that a Knight, Sir Peris Corteney by name, having had a falcon embroidered on his sleeve with the motto, * I beer a falcon fairest of flicht, quha so pinches at hir his deth is dight, in graith.' Dalzell assumed a similar dress, with the badge of a magpie and this device : 4 1 beer a py pykand at ane pes, quha so pykkis at her, I sal pyk at his nese in faith.' The challenge was understood and accepted, but the affair terminated in a ludicrous demand of Dalzell that, as by the laws of tournament, the champions ought to be perfectly equal, Corteney, of course, should have one of his eyes extinguished before, the combat. These two incidents won from King Richard n. the encomium : 4 Actibus et verbis miles hie Anglos superans est.' * Sir William held a large amount of property ; he is designed of Elliok in an excambion, dated 30 April 1388, of the lands of Balybucht and Buchowis between him and Sir James de Douglas of Dalkeith,2 and also as witness to a charter by David Fleming of Biggar and Lenzie to his son, Sir John Dalzell of the Bracanrig, on 4 May 1400.3 The list of knights taken or slain at the Battle of Homildon Hill on 14 September 1402 contains the names of ' William Daly ell ' and 4 William Daly ell Filz,1 * but on 16 September 1405 he wit- nessed a writ along witli his son Sir John.5 In 1407 he resigned the lands of Buchrowys and Half -Glume in favour of David Gardyne.6 He appears to have succeeded his son George in the lands of Dalzell, being designed dominus ejusdem as witness to a charter of Joanna Keith, Lady of Galstoun, to her son, Andrew Hamilton, of the lands of Galstoun, dated 12 December 1406,7 and also to a partition of the lands of Hullirishedhill, between John Stewart of Darnley and Sir John Ross of Hawkhead, on 14 December 1413.8 He married, though perhaps as his second wife, Mary, widow of William de Oochrane, who on 25 June 1392, 1 Fordun's Scotichronicon, ii. 422. 2 Reg. Honoris de Morton, ii. 163. 3 Confirmation dated 3 June 1400 ; Eleventh Rep. Hist. MSS. Com., App. vi. 24. 4 Tenth Rep. Hist. MSS. Com., App. vi. 78. 5 Chart, of Cambus- kenneth, 140. 6 Reg. Mag. Sig., fol. vol. 230, 25 June 1407. 7 Ibid., 228, 10 February 1406-7. 8 Maxwells of Pollok, i. 148. 398 DALZELL, EARL OF CARNWATH being then Sir William's wife, renounced her terce out of William de Cochrane's lands.1 He had issue : — 1. George de Dalzell of Dalzell had, on 5 June 1397, a grant from Robert in. of the whole lands of Dalzell, formerly held by Sir James Sandilands, the King's brother-in-law, with a destination to him and the heirs-male of his body, whom failing to William of Dalzell, Knight, his father, and his heirs-male.2 His infeftment therein is ratified by Joanna, relict of Sir James Sandilands, on 15 April 1400.3 He is stated to have married a granddaughter of Sir James Sandilands mentioned above,4 and he died vita patris and s. p. before 1400,5 when the lands of Dalzell passed to his father. 2. SIR JOHN. 3. William, who was at Homildon Hill. SIR JOHN DE DALZELL, Knight, a younger son of Sir William. He received on 30 May 1390, as well as on 24 July 1392 and 15 August 1396, letters of safe-conduct to go to England to conduct negotiations.6 He acquired in 1389 the lands of Botheax, in the barony of Orauford, from Sir James Lindsay of Orauford.7 In 1392 he obtained from Robert in. a charter of the hospital of Lanark for three masses to be said in St. Leonard's Chapel, to be held by him and his sons, Walter, Adam, and Robert, and the heirs- male of their bodies, in succession,8 and in 1400 the King granted his whole rights in the hospital, reserved in the earlier charter, in similar terms.9 In 1392 and 1395 he is mentioned as custos of the hospital of Lanark.10 He 1 Carta, penes Earl of Morton ; Macfarlane MSS. in Adv. Lib., 34, 3, 25, p. 42. A note states ' Sir William Dalzell's seal, appended to this charter, has on it a naked man with his arms hanging at some distance from his sides, and his wife, Mary of Dalzell, has her seal parti per pale baron and femme, on the dexter a saltier and in chief a mullet, and on the sinister a naked man, etc., as on her husband's.' This description is curious, but it has been suggested that the seal has been reversed in cutting. 2 Laing Charters, No. 83. 3 Ibid. , No. 85. 4 Hamilton's Descrip- tions of Lanark and Renfrew, 1710, 45. 5 Carta, penes Hamilton of Dalzell, Douglas. 6 Rymer's Fwdera, iii. iv. 81 ; Cat. of Docs., iv. Nos. 412 and 490. 7 Charter of Confirmation, dated 1 December 1389, seen by William, third Duke of Hamilton, and apparently not now extant; Eleventh Rep. Hist. MSS. Com., App. vi. 210. 8 Reg. Mag. Sig., folio vol. 212, 9 November 1392. 9 Robertson's Index, 158, 47; Reg. Mag. Sig., 9 February 1451-52. 10 Exch. Rolls, iii. 333 and 366. DALZELL, EARL OF OARNWATH 399 acquired the lands of Kininmonth, Bouchtains, and Half- Olunie in 1390, or earlier, on the resignation of Alexander Keith,1 and on 6 May 1400, David Fleming of Biggar and Lenzie granted him the lands of Bracanrig.2 He died prior to 1437,3 leaving issue : — 1. Walter of Oarlowrie, the eldest son of Sir John, received a payment from the Exchequer on 14 July 1422,4 and was on the inquest in the retour of Walter Scott, as heir to his father in the lands of Elerig on 27 February 1426,5 and the retour of James of Dundas as heir of his father in the lands of Eckling and others, on 8 November 1430.6 He is twice named Lord of Carlowrie — first, on 5 June 1424 in a mortification by Thomas Summyrville de Carnwythe to St. Mary's Altar in the % Monastery of Saint Machut, of an annualrent from the ten merk land of Manuel ; 7 and secondly, in an indenture dated 19 January 1427, between Sir Herbert Maxwell of Oaerlaverock, and Sir John Sinclair of Hyrdmanstoun, to which Walter de DalzelPs seal is appended on behalf of the former.8 He probably was dead in 1446, and had issue : — (1) Peter of Carlowrie, who took sasine of the lands and mill of the Muskmyln at Lanark in 1446,9 and is designed of Carlowrie as witness to an infeftment of Archibald Dundas of Dundas and Agnes Borthwick, his spouse, on 23 December 1452, 10 and as one of the inquest in the service of Agnes Melville to her father in the lands of Melville, on 23 April 1471. " In 1465 he resigned the hospital of St. Leonard at Lanark, in favour of John Stewart of Cragy,12 a confirma- tion by James n. of the original grant by Robert in., of 3 June 1400, having been obtained circa 1451-52. 13 On 11 March 1465, he procured a transumpt of David Fleming's charter to Sir John Dalzell of the lands of Bracanrig, dated 3 June 1400. u In 1530 the estate of Carlowrie was held by David Dalzell.16 2. Adam of Botheax and Elliotstown, brother of Walter, is designed of Botheax as a witness in two charters, dated 5 February 1423, to William de Maxwell of 1 Robertson's Index, 138, 30. 2 Eleventh Rep. Hist. MSS. Com., App. vi. 24. 3 Ibid. 4 Excli. Rolls, iv. 370. 5 Scotts of Buccleuch, ii. 25. 6 Earls of Haddington, ii. 229. 7 Reg. Mag. Sig., 3 June 1424. 8 Book of Cacr- laverock, ii. 429. 9 Exch. Rolls, ix. 659. 10 Carta, penes Dundas of Dundas, Riddell, b. m., 107. n Melville Book, iii. 47. 12 Reg. Mag. Sig., 21 April 1465. 13 Ibid., 9 February 1451-52. 14 Eleventh Rep. Hist. MSS. Com., App. vi. 24. I* Reg. Mag. Sifft) 3 June 1530< 400 DALZELL, EARL OF OARNWATH Akynhede, of the lands of Kilcadroblaw and others,1 and is designed of Elliotstown in two charters dated 10 November 1426, in favour of Andrew Agnew of the Constabulary of Lochnaw and others.2 He was a witness along with his brother Walter to the mortification by Thomas Summyrville de Oarnwythe,3 and was also witness to a notarial copy of Robert m.'s charter of the lands of Dalzell, dated 5 June 1397, in favour of his uncle George, taken at Lanark on 2 May 1418.4 Further, Edward of Orauford names him as one of his bailies in a procuratory of resignation of the lands of Dalgarnock on 21 March 1423.5 He was succeeded in the estate of Botheax by one who was probably his son : — (1) Thomas, who is designed of Botheax in a precept directed to him by Alan Stewart, Lord of Darnley, for infefting Robert de Dalzell of the Bracanrig in the lands of Brownside, dated 10 December 1429,° and is similarly designed in an instru- ment of sasine, dated 3 November 1466, by Sir William of Douglas, to Robert de Dalzell of that Ilk, in the lands of Ballibocht.7 He served on two inquests in 1431 and 1432, 8 and was a witness in 1437. He was followed by two 9 Roberts of 'Budhous.'10 3u ROBERT, who succeeded to the Dalzell estate. ROBERT DALZELL of Dalzell, third son of Sir John, is first designed of Dalzell in a family indenture dated 27 June 1446, between Sir John de Maxwell of Nether Pollok and his sons,11 and is also so designed in a charter, dated 31 December 1450, to Walter le Graham of Wallastown,12 and in a charter, dated 19 December 1452, by Philip Mowbray of Dalmeny to Archibald Dundas of Dundas, of the lands of Ecklyn.13 Robert de Dalzell had sasine of the mill lands of Muskmyln in 1446,14 and it is probable that it is he who appears as 4 George ' Dalzell, stated to have 1 Reg. Mag. Sig., 26 July 1424. 2 Ibid., 31 January 1430-31. 3 Cf. supra. * Macfarlane MSS., Account of the Family of Dalzell, i. 39, 40. 6 Fifteenth Rep. Hist. MSS. Com. , App. viii. 33. G Maxwells of Pollok, i. 160. 7 Fifteenth Rep. Hist. MSS. Com., App. viii. 37. 8 Macfarlane MSS. in Adv. Lib., 35, 4, 12a; Registrum Nigrum de Aberbrothoc, 61. 9 Eleventh Rep. Hist. MSS. Com., App. vi. 24. 10 Reg. Mag. Sig., 18 January 1504-5, 5 Sep- tember 1528 ; Lord High Treasurer's Accounts, iii. 14. n Pollok-Maxwell Chartulary, 7. 12 Reg. Mag. Sig., 15 Jan. 1450-51. 13 Carta, penes Dundas of Dundas ; Riddell's Notes, b. m., 107. 14 Exch. Rolls, ix. 659. DALZELL, EARL OF OARNWATH 401 taken sasine of the lands of Dalzell in the same year.1 He succeeded his father in the Bracanrig by charter of resignation, granted by Malcolm Fleming on 6 July 1437,2 and acquired the lands of Brownside in 1429, and Ryland- side in 1435, from Alan Stewart, Lord of Darnley;3 the latter also confirms, on 18 November 1437, the grant of the lands of Carngulane by Sir Herbert Herries, Lord of Terregles, to Robert and the heirs-male of him and Agnes de Hamilton, his spouse.4 In 1456 he twice attempted to obtain sasine of the lands of Balybucht from Sir William Douglas, as baron of the barony of Morton, but was repulsed at the gate by Lady Janet of Borthwick, of which acts notarial records were taken; but in 1466 peace was restored, and sasine was given by Sir William.5 The pro- perty of Sandyholme had been acquired by him before 1444.6 On 7 February 1486 he served on an inquest.7 He must have owned the Elliok estate, which his grandfather, Sir William, had held, since his son received sasine as heir to him on 10 November 1494, which also fixes his death as prior to that date.8 He married Agnes Hamilton,9 and had issue : — 1. WILLIAM, of Dalzell and Elliok. 2. John, of the Bracanrig and Brownside. On 27 May 1447 he obtained a notarial instrument narrating his father's charter to the lands of Brownside, of 5 December 1429,10 and between 1451 and 1454 disposed of the Bracanrig and Brownside to Hugh Campbell, brother to Sir George Campbell, and Catherine le Blair, his wife; the sasines were given by the granter himself, and are written in the old Scots vernacular.11 The property of Sandyholme came to him from his father, and he also owned half Threep- wood. Died ante 1490 and left a son : — (1) Robert of Sandyholme, who on 27 November 1490 granted to James Campbell of Brownside an obligation to warrant him 1 Exch. Rolls, ix. 659. 2 Eleventh Rep. Hist. MSS. Com., App. vi. 24. 3 Ibid. ; Maxwells of Pollok, i. 159-162. 4 Montgomeries, Earls ofEglinton, ii. 28. 6 Fifteenth Rep. Hist. MSS. Com., App. viii. 37. 6 Reg. Mag. Sig., 15 Dec. 1451. 7 Macfarlane MSS., Account of the Family of Dalzell, vol. ii. 8 Instrument penes James Veitch ; Macfarlane MSS. in Adv. Lib., 34, 3, 25, p. 108. 9 Montgomeries, Earls of Eglinton, ii. 28. 10 Eleventh Rep. Hist. MSS. Com., App. vi. 24. » Ibid., 25, 27 ; Pollolc-Maxwell Chartutary, 310; Maxwells of Pollok, i. 173, DALZELL, EARL OP OARNWATH in peaceable possession of the lands of Bracanrig and Brownside.1 3. John (secundus), who witnessed the instrument of sasine of the lands of Brownside, granted by his brother John, to Hugh Campbell and his wife, on 5 September 1451 ,2 He may be identical with 4 John Dalzell in Knowhubill,' who witnessed a charter to Alexander Somervill of the lauds and barony of Braxfield, dated 22 March 1495.3 WILLIAM DALZELL, of Dalzell and Elliok, succeeded to, and was infeft in, the lands of Dalzell, Mousmyln, Millhill, and Millholme in 1494,4 and on 10 November of the same year obtained from Sir William Douglas of Drumlanrig sasine of the lands of Elliok, as true and lawful heir of his father, Robert Dalzell of that Ilk,5 under which latter description his name also appears on 14 October 1495, as one of the Lords of Council chosen by James iv.6 He was slain in a fray at Dumfries, in September 1508, between Lord Maxwell and Lord Crichton of Sanquhar, of whose party he was one.7 He married Gelis Hamilton of Preston,8 also called Elizabeth,9 and had issue : — 1. Robert, son and apparent heir of William Dalzell of that Ilk, is mentioned 27 July 1501,10 and in 1506 ;" but he must have predeceased his father. On 15 December 1508 there is a grant of the ward and marriage of Robert, 'nevo' and heir of William Dalzell of that Ilk.12 He had issue a son :— (1) ROBERT, of whom hereafter. 2. Thomas, who witnesses, on 4 July 1524, a charter of his nephew, Robert Dalzell of that Ilk,13 and who had issue : — (1) James, merchant in Edinburgh. Died 8 March 1608, aged seventy-eight years.14 1 Eleventh Rep. Hist. MSS. Com., App. vi. 28. 2 Ibid., 26. 3 Eeg. Mag. Sig. , 26 March 1500. 4 Exch. Rolls, x. 769 ; Lord High Treasurer's A ccounts, i. 221. 5 Macfarlane MSS. in Adv. Lib., 34, 3, 25, p. 108 ; carta, penes James Veitch. 6 Acta Dom. Cone., Riddell's MSS., Notes, in Adv. Lib., b. m., 90. 7 Pitcairn's Criminal Trials, I. i. 53, 65, 77, and 85 ; Lesley's History, 78 ; Anderson's MSS., History of Scotland, in Adv. Lib., i. 76. 8 Tombstone in Dalzell Churchyard. 9 Acta Dom. Cone., xvii. 182, and xx. 231. 10 Protocol Book of James Young, Edinburgh City Chambers. n Acta Dom. Cone., xviii. pt. i. 161. 12 Reg. Sec. Sig., iii. 200. 13 Macfarlane MSS., Account of the Family of Dalzell, vol. ii, 14 Tombstone in Dalzell Churchyard, DALZELL, EARL OF OARNWATH 403 3. Patrick. 4. Mr. George, graduated as M.A. at Glasgow University 1508,1 and is a witness on 29 April 1509.2 5. John.3 6. Marion, married, first, contract 1 December 1500, to John Montgomery, eldest son of George Montgomery of Skelmorlie, who died before 1508 ; 4 secondly, before 1534, to Michael Lindsay.5 ROBERT DALZELL of Dalzell, grandson of William, who was infeft in the mill of Lanark in 1509, and the lands of Dalzell in 1510.6 He was one of the noblemen who agreed on 30 October 1510 to request James iv. to infeft Archi- bald, fifth Earl of Angus, in the lordship of Crauford- Lindsay,7 and was concerned in the raid of Jedwood Forest, as he is a party to% the arbitration arising out of it, in which the award is issued on 10 July 1520.8 Justiciary commissions were issued to him and his son and heir- apparent, Robert, at St. Andrews on 26 October 1546.9 He resigned the fifty shilling land of Kittymure, and got a new grant from the Crown in 1543 in favour of himself in life- rent, and his son Robert in fee.10 Robert Dalzell died in 1549.11 He married Margaret Hamilton, who was murdered by Ninian Dalzell,12 and had issue : — 1. ROBERT of Dalzell and Elliok. 2. William, witness to a feu of his brother Robert, on 22 January 1554.13 Slain by John Douglas, son of James Douglas of Drumlanrig, on 8 May 1555. u 3. Paul, designed 4 filius domini de Dalzell ' in the rolls of Glasgow University in 1512.15 4. John, witness to a charter of his brother Robert on 4 July 1524.16 5. Christian, married, first, to John Somervill of Oambus- nethan; secondly, circa 1539, to John Lindsay of 1 Munimenta Alme Universitatis Glasguensis, ii. 282 and 284. 2 Reg. Mag. Sig., ea data. 3 All mentioned, Ada Dom. Cone., xx. 231. 4 Montgomeries, Earls of Eglinton, i. 155. 6 Acta Dom. Cone., v. 199; vi. 19. 6 Exch. Rolls, xiii. 660-661. 7 Douglas Book, iii. 198. 8 Eleventh Rep. Hist. MSS. Com., App. vi. 32. 9 Exch. Rolls, xviii. 407. 10 Reg. Mag. Sig., 19 April 1543. n See also Acts and Decreets, iv. 57, which proves that Robert died before 21 May 1550. 12 Reg. Sec. Sig., xxvii. 46. 13 Reg. Mag. Sig., 16 May 1611. 14 Pitcairn's Criminal Trials, I. i. 387 ; P. C. Reg., i. 300. 15 Munimenta Universitatis Glasguensis, ii. 126, 16 Macfarlane MSS., Account of the Family of Dalzell, vol, ii. 404 DALZELL, EARL OP CARNWATH Covington ; thirdly, to John Crichton of Ryhill, tutor of Sanquhar, contract dated 19 January 1554-56,1 who predeceased her before 3 May 1581, and had by her a son, Robert of Ryhill.2 6. Margaret, married to Gavin Lockhart of Kirkwood, contract 29 November 1660.3 ROBERT DALZELL of Dalzell and Elliok, who had sasine of the Dalzell estate and the Mousmyln on 26 May 1549. The Elliok property was also held by him, as his widow has a marriage-contract provision out of it.5 On 4 July 1524 he granted to his kinsman, Robert Robertson, his half of Easter Moddervil,6 and on 5 February 1533 he received a most solemn and humble apology from Robert, fifth Lord Max- well, for the slaughter of his grandfather, William Dalzell, at Dumfries in 1508.7 On 2 November 1555, Robert and Oristine Dundas, his spouse, granted a letter of reversion to John Maxwell and his wife of an annualrent of 20 merks, out of the town of Nether Pollok, on payment of 200 merks to the granter ; this deed is sealed with the seals of the granters.8 On 16 August 1559, he granted the lands of Dalzell and the mill of Lanark to his son Robert and his wife, in implement of their marriage-contract, under reservation of the granter's liferent and his wife's terce.9 He died before 1563.10 By a first wife he had issue : — 1. ROBERT of Dalzell and Elliok. 2. Andrew, who like his elder brother fought on Queen Mary's side at Langside.11 3. Christian, married to John Boswell of Auchinleck,12 contract, 21 August 1562. 4. Margaret, mentioned in the family arrangement in 1563, said to have been married to John Hamilton of Bromhill.13 He married, secondly, contract 29 January 1551, Cristine, daughter of James Dundas of Newliston,14 and by her 1 Reg. of Deeds, i. 61. 2 P. C. Reg., iii. 382. 3 Reg. of Deeds, iii. 467. 4 Exch. Rolls, xviii. 471. 5 Reg. Mag. Sig., 12 November 1596. 6 Mac- farlane's MSS., Account of the Family of Dalzell, vol. ii. 7 Book of Caer- laverock, ii. 467. 8 Pollok-Maxwell Chartulary, 15. 9 Reg. Mag. Sig., 27 August 1559. 10 Riddell's MSS., Notes, in Adv. Lib., b. m., 45. u Reg. Sec. Sig., xliii. 34. 12 Reg. of Deeds, v. 315. 13 Ibid. 14 Edinburgh Com. Decreets, i. 309; Reg. Mag. Sig., 27 August 1559. DALZELL, EARL OF OARNWATH 405 (who, after his death, and prior to 1571, married James Roberton of Earnock and had issue by him) had issue : — 5. John, described as son and heir of Christian Dundas and Robert Dalzell, in an agreement to which he and his mother are parties, with Sir John Stewart of Minto, and Matthew, his eldest son, on the other part, as to an annualrent from the lands of Busbie, of date 2 April 1574.1 He was a merchant in Edin- burgh. He is said to have been the grandfather of General Thomas Dalzell ; but as the general's father was born in 1573,2 there is only a probability that the statement is correct. It may be added that the general's father and mother, Thomas Dalzell in Edinburgh, and Jonet Bruce (no other designations), were married on 8 December 1601, 3 and their son was born in 1615.4 On his tombstone Thomas Dalzell of Binns is said to be descended of the ancient race of the Lords of Dalzell, now (1642) Earls of Oarnwath. 6. James, apprenticed to Robert Abercromby, merchant burgess of Edinburgh, 10 January 1573-74,5 residing on the Oastlehill there in 1595,6 witnessed two bonds of caution by his brother Robert in 1591 and 1592.7 7. Catherine, married to John Roberton, Sheriff-Clerk of Lanark, and had a son Bartholomew.8 8. Helen, married (contract 16 November 1590) to John Stirling of Baldoran.9 ROBERT DALZELL of Dalzell and Elliok got a charter of the lands of Dalzell and Mill of Lanark from his father, subject to the latter 's lifer ent and his mother's terce, on 16 August 1559, in implement of his marriage-contract.10 He also held the estate of Elliok.11 He was a staunch adherent of Queen Mary, and on 5 September 1565 signed the bond of lords and barons of the West Country in support 1 Acts and Decreets, Ixiii. ff. 148-150. 2 Tombstone at Abercorn. 3 Canon- gate Register of Marriages. 4 Abercorn Register of Baptisms. 6 Edin- burgh Burgh Reg. of Deeds, 15 June 1574. 6 Reg. Mag. Sig., 12 November 1596. 7 P. C. Reg., iv. 638, 761. 8 Macfarlane MSB., Account of the Family of Dalzell, vol. ii. 9 Gen. Reg. of Inhibitions, 2nd series, v. 156. 10 Reg. Mag. Sig., 27 August 1559. n Ibid., 12 November 1596. VOL. II. 2 D 406 DALZELL, EARL OF CAKNWATH of the Duke of Albany and the Queen.1 He was at the battle of Langside on 13 May 1568,2 but in May 1570 signed a bond to submit himself to King James.3 This cannot have been effective, as on 28 July 1572 he was indicted as art and part in the murder of Darnley and the two Regents.4 He and his brothers were accused of molesting William Orichton, tutor of Sanquhar, in the years 1576 and 1577.5 He represented the burgh of Wigtown in the Scots Parliament in 1587. He died, according to Oawfurd, about 1588.6 but he was alive on 13 August 1607, when his son was still ' apparent of that Ilk,' but died between that date and February 1610, though the exact year cannot be clearly determined.7 He married (contract 1 May 1558) Janet, daughter of Gavin Hamilton, Commendator of Kilwinning, and Margaret Hamilton of Broomhill,8 and by her had issue : — 1. SIR ROBERT, who succeeded. 2. Gavin, who witnessed his father's charter of 9 May 1580,9 and was denounced by the Privy Council in 1592 for the abduction of Marion Orichton,10 and in 1610 for the abduction and illegal detention of James Donaldson of Drumbowie,11 and bailie and burgess of Perth.12 3. Archibald. He had carried off Jean Dalzell, daughter of Nicol Dalzell of Dalzell Mill, a girl of fourteen years old, and compelled her to marry him in the kirk of Dalserf , 13 July 1599. The Commissaries of Edinburgh decerned him to adhere to her, 22 May 1600, but she subsequently recovered her liberty, and revoked the whole proceedings on 25 December 1601. 13 He was put to the horn as the result of complaints to the Privy Council against him by John Morison and the above-named Nicol Dalzell in 1601. u However, on 4 August 1603, he obtained a dispensation until 20 1 P. C. Reg., i. 363, ea data. 2 Crawfurd's Peerage, 68. 3 Bannatyne's Memorials, 43. 4 Pitcairn's Criminal Trials, I. ii. 35. 6 P. C. Reg., ii. 538, 30 June 1576 ; ii. 593, 19 February 1577. 6 Crawfurd's Peerage, 68. 7 P. C. Reg., vii. 429 ; viii. 423, 841. 8 Reg. Mag. Sig., 27 August 1559. 9 Ibid., 5 September 1580. 10 P. C. Reg., iv. 770, 13 July 1592. " Ibid., viii. 841. 12 Ibid., v. 633, 635, 646 ; vi. 863 ; Deeds, cxxxvii. 7 September 1607. 13 Edin- burgh Commissariat Decreets, vol. xxxi ; Deeds, vol, iv. 14 P. C. Reg., vi, 139, 31 July 1600 ; vi. 320, 10 December 1601. DALZELL, EARL OF OABNWATH 407 November, because of his activity against the Clan Gregor.1 4. James, witnessed his brother Robert's bond of caution on 28 June 1592.2 5. Claud, died 1597.3 Margaret and Marion, his sisters, were his executors. 6. Mr. Thomas, a creditor in Claud's testament. 7. Christian, who married John Hamilton, fourth of Orbiston, and had issue : 4 — (1) Sir John, Lord Justice-Clerk. (2) James of Boggs, who acquired the property of Dalzell in 1647, and from whom the Barons Hamilton of Dalzell are descended. Died 1668. (3) Gavin. (4) Marion, married John Hamilton of Bangour. (5) Margaret, married John Walkinshaw of that Ilk. 8. Janet. 9. Margaret, married to Robert Nisbet, son and apparent heir of Robert Nisbet of Dalzell. Contract 5 August 1601, registered 6 November 1601.5 10. Marion. 11. Elizabeth, named with her three elder sisters in 1586.6 I. SIR ROBERT DALZELL of Dalzell and Elliok was given a charter of the lands of Elliok by his father, subject to the latter's liferent and the terce of his mother and his grandmother, Cristine Dundas, on 12 June 1574,7 and, in implement of his marriage-contract, got a charter of the lands of Dalzell and the mill of Lanark, under the same reservations, from his father on 9 May 1580.8 Some more of the Elliok estate and the lands of Euchane were acquired by him in 1595 from his brother-in-law, Robert Crichton of Cluny, eldest surviving son of the King's Advocate, and younger brother of the Admirable Crichton.9 On 18 Sep- tember 1628 he was created a Peer, under the title of LORD DALZELL, and sat as such in Parliament in 1633.10 He 1 P. C. Reg., vi. 862, 4 August 1603. 2 Ibid., iv. 761, 762. 3 Edin. Tests., 13 January 1597-98. 4 Macfarlane's MSS., Account of the Family of Dalzell, i. 40. 5 Deeds, vol. Ixxxiii. ; see also Reg. Mag. Sig., 31 March 1618, and 11 July 1635. 6 Reg. Sec. Sig., liv. 158. 7 Reg. Mag. Sig., 12 November 1596. 8 Ibid., 5 September 1580. 9 Ibid., 12 November 1596. 10 P. C. Reg., 2nd series, ii. 483 ; Acta Parl, Scot., v. 8 and 12. 408 DALZELL, EARL OF OARNWATH gave 300 merks to the building of the college and library of Glasgow University in 1632.1 In June 1638 he was admitted to the King's Council,2 and subscribed the Covenant and Bond of Maintenance at Holyrood, on 22 September of that year.3 Sir Robert was advanced to the dignity of EARL OF CARNWATH, BARON DALZELL AND LIBERTON, on 21 April 1639, at York, with limitation to lieirs-male of his body.4 Died 1639. He married (con- tract 28 March 1580) Margaret,5 eldest daughter of Sir Robert Crichton of Cluny, the King's Advocate, and by her had issue : — 1. ROBERT, second Earl of Carnwath. 2. Sir John of Glenae and Newton, who obtained in 1631 a charter of novodamus of the ecclesiastical lands of Dalgarnock,6 and in 1636 a charter of the ten-pound land and barony of Amisfleld and others, in the county of Dumfries, resigned by Sir John Charteris of Amisfleld.7 Sir John was one of the Commis- sioners appointed in 1638 to require subscriptions to the King's Covenant.8 In February 1646 and March 1649, the Convention of Estates ordered some of their creditors for military supplies (including James Hamilton of Boggs, who acquired Dalzell) to recoup themselves out of the fines and forfeitures of inter alios Sir John Dalzell of Newton,9 but in July 1649 Sir John got a new grant of the lands and barony of Amis- field to be held by him and his heirs-male, whom fail- ing to his son Robert and his heirs-male, whom failing to his daughter Mary and her heirs-male, bearing the name and arms of Dalzell, whom failing to Robert's daughter Mary and her heirs-male.10 He was taken prisoner by Cromwell after the battle of Worcester, and imprisoned at Leith.11 After the Restoration he obtained, on 8 March 1666, a charter of novodamus from Charles n. of the lands and barony of Amisfield, in favour of himself and his son Sir Robert.12 He 1 Munimenta Alme Universitatis Glasguensis, iii. 468. 2 Sir Thomas Hope's Diary, 74. 3 Spalding's History, i. 69 and 320. 4 Reg. Mag. Sig., 29 July 1648. 5 Ibid., 5 September 1580. 6 Ibid., 18 June 1631. 7 Ibid., 1 November 1636. 8 Gordon's Scots Affairs, i. 109. 9 Acta Part. Scot., vi. 217, 416. 10 Reg. Mag. Sig., 23 July 1649. n Nicoll's Diary, 59. 12 Acta Part. Scot., vii. 643; Reg. Mag. Sig., 8th March 1666. DALZELL, EARL OF CARNWATH 409 appears to have died before 23 December 1669.1 He married, before 1625, Agnes, daughter of James Nisbet of Restalrig, and Marion Arnot, daughter of Sir John Arnot of Birswick. Marion Arnot married, secondly, Sir Lewis Stewart of Kirkhill, whom she survived, and Agnes Nisbet, Lady Glenae, with other daughters, was one of her executors in 1659.2 By her he had issue :— (1) SIR ROBERT of Glenae. (2) Mary, married (contract dated 8 July 1665), as second wife, to Alexander, third Earl of Kellie.3 (3) , another daughter.4 SIR ROBERT DALZELL represented the county of Dumfries in Parliament from 1665 to 1685, except in 1678,5 and was a Commissioner of Supply for Nithsdale and Dumfries in 1661, 1667, 1678, and 1685.6 He was created a baronet by Charles n. on 11 'April 1666.7 He obtained on 23 December 1669 a ratification of the charter of Amisfield, of 8 March 1666, 8 and in 1670 a charter of recognition of the barony of Dalswinton.9 Died between 13 May 1685 and 29 April 1686. 10 Sir Robert married, first, Miss Sandilands, of the family of Torphichen ; secondly (contract dated 11 October 1654), Margaret Johnstone, youngest daughter of James, first Earl of Hartfell,11 who died s. p. October 1655, and was buried at Kirkmichael.12 Sir Robert married, thirdly (con- tract dated 22 and 23 April 1657), Violet Riddell, daughter of Andrew Riddell of Haining,13 by whom he had issue :— (i) SIR JOHN, second Baronet of Glenae. (ii) James, a captain, served heir to his sister Henrietta on 27 October 1698. 14 (iii) Thomas, lieutenant-colonel of the Scots Guards, and recommended for rank of brigadier by the Marquess of Ormonde on 10 March 1712. 15 He was served heir to his sister Violet on 27 October 1698. 16 He died in December 1743, and was buried in Greyfriars Churchyard, Edinburgh.17 He married, November 1 Acta Part. Scot., vii. 643. 2 Edinburgh Tests., 12 January 1659 ; cf. Reg. Mag. Sig., 11 July 1636. In 1625 there is mention of John, lawful son of Sir Dalzell of that Ilk, and Agnes Nisbet, his wife [Gen. Reg. Sasines, xviii. 64] ; and John Dalzell of Newton, and Agnes Nisbet, his spouse, are named in a writ of 27 October 1649 [Dumfries Sasines]. 3 Lamont's Diary, 180; Gen. Reg. Sasines, xiii. 28. 4 According to Douglas. 6 Acta Part. Scot, vii. 527, 536, 549; viii. 4, 56, 209, 217, 232, 452. 6 Ibid., vii. 91, 544; viii. 225, 465. 7 Reg. Mag. Sig., llth April 1666. 8 Acta Parl. Scot., vii. 643. » Reg. Mag. Sig. , 18 February 1670. 10 Acta Parl. Scot. , viii. 465, 580; according to Foster, 8 April 1686. n Annandale Family Book, i. p. ccx. 12 Ibid., ii. 306. 13 Dumfries Sasines, vii. 30. 14 Gen. Retours, No. 8028, 15 Seventh Rep. Hist. MSS. Com., 819. 1G Gen. Retours, No. 8027. 17 Foulis of Ravelston's Account Book, Ixviii. 410 DALZELL, EARL OP OARNWATH 1701, Isabel, only daughter of Robert Fergusson of Craigdarroch, by his second wife, Elizabeth Grier, and had issue : l — a. David, a merchant in Glasgow, served as heir of provision to his father on 11 March 1755,2 and died 30 March 1772, leaving a son, Thomas.3 b. Jean, married to Thomas Gibson, and had issue.4 c. and d. Agnes and Henriet. (iv) Mary, by the first marriage, a substitute under charter of 1649. 5 Married (contract 21 April 1652) to Robert Lawrie of Maxwelton.6 (v) Agnes. (vi) Henrietta, died 1698. 7 (vii) Violet, died 1698.8 SIR JOHN DALZELL, second Baronet of Glenae, was served heir-male and of tailzie to his father in the lands and barony of Amisfield on 2 September 1686. 9 Sir John sat in Parliament for the county of Dumfries in 1686-89, 10 and was a Commissioner of Supply for Nithsdale and Dumfries in 1685. n Died March 1689, 12 leaving a will, dated 28 March of that year, by which he bequeathed 9000 merks to Mary his beloved daughter, and appointed his wife tutrix to his son Robert and his daughter and the bairn then in utero.13 He married, 16 June 1686, Henrietta, second daughter of Sir William Murray of Stanhope, by whom he had : — a. SIR ROBERT, third Baronet of Glenae, afterwards sixth Earl of Carnwath. b. Sir John, born 1689. 14 Educated at Glasgow University in 1710, 15 and thereafter was cap- tain in the army, but resigned his commission on the arrival of the Earl of Mar in 1715, and joined the Jacobite Forces. He was taken prisoner at Preston on 14 October, and court-martialled, but was dismissed on proving his resignation of his commission. He had issue : — (a) James, who was, at the age of seven, at the Scots College at Douai in 1734. 16 (b) Mary, married to William, sixth Viscount Kenmure. She died 16 August 1776. 1 Riddell's MS. Notes on Douglas. 2 Retours, ea data. 3 Ibid., 11 August 1785. 4 Foulis of Ravelstoris Account Book, Ixviii. 5 Reg. Mag. Sig., 23 July 1649. 6 Deeds (Durie), 4 July 1672. 7 Gen. Retours, No. 8028, 27 October 1698. 8 Ibid., No. 8027, 27 October 1698. 9 Retours, Dumfries, No. 316. 10 Acta Part. Scot., viii. 577; ix. 4. n Ibid., viii. 465. 12 Retours, March 1704. 13 Dumfries Tests., vol. vi. 11 August 1691. 14 Ibid. 15 Munimenta Alme Universitatis Glasguensis, iii. 196. 1G Fifth Rep. Hist. MSS. Com., 654. DALZELL, EARL OF OARNWATH 411 3. James, styled third son.1 He married (contract 7 August 1618) Marion Oaufurd, relict of James Oswell of Athellis,2 witness to his father's charter of 10 October 1627,3 and another, dated 20 May and 19 July 1631.4 4. Thomas, was cautioner along with his eldest brother in 1612 for Sir Robert Orichton of Oluny.5 He is designed of Johnston in giving 40 merks for the college and library of Glasgow University in 1623,6 and was a captain when made a burgess of Banff on 2 September 1640.7 He was one of those whose losses were the subject of an Act and Commission in 1661 and 1663.8 5. William, described as 'sone lawfull to Sir Robert Dalzell, elder,, of that Ilk, Knight,' in a bond by him of date at the Oastle town of Drumlanrig 8 May 1624, to Archibald White, stabler, Edinburgh, for a loan of 400 merks.9 6. Margaret, eldest daughter, married John Wilson, younger of Oroglin (contract dated 9 July 1610, registered 26 November 1630).10 7. a daughter, married, before 13 August 1607, to George Crawford, younger of Auchencross.11 8. Mary, married Sir James Muirhead of Lachop.12 II. ROBERT, second Earl of Carnwath, was given by his father, on 10 October 1627, a charter of the lands of Dalzell and mill of Lanark.13 In 1634 he bought the old lord- ship of Somervell and barony of Carnwath from James, Earl of Buchan and John, Earl of Mar,u his father. In the following year he obtained from Charles i. a charter, erect- ing into a barony of Dalzell, the whole lands of Dalzell, including the half which had belonged to the Nisbets from time immemorial, the mill of Lanark, and the lordship of Somervell and barony of Carnwath.15 He signed the Con- 1 Gen. Reg. of Inhibitions, 1 August 1619. 2 Dumfries Sasines, i. 139. 3 Laing Charters, No. 2003. 4 Ibid., No. 2115. 6 P. C. Reg., ix. 325, 30 January 1612. 6 Munimenta Alme Universitatis Glasguensis, iii. 469. 7 Annals of Banff, ii. 418. 8 Acta Part. Scot., vii. 294, 461. 9 Reg. of Deeds, cccclxxv. f . 132, 21 July 1625. 10 Deeds, vol. cccxxxvi. " P. C. Reg., vii. 429. 12 Reg. Mag. Sig., 25 February 1654. 13 Laing Charters, No. 2003. 14 Reg. Mag. Sig., 14 June 1634. 15 Ibid., 11 July 1635. 412 DALZELL, EARL OF OABNWATH fession of Faith on 22 September 1638 at Holyrood.1 He was summoned to a Parliament,2 and nominated as a Privy Councillor in 1641 ; 3 on 12 October of that year it was reported to the Convention of Estates that Carn- wath had said, ' Now we have three Kings (Charles i. and Dukes of Hamilton and Argyll), and by God, two of them behove to want the head.'4 On 23 June 1643 he was accused before the Estates of traducing Parliament in his Majesty's presence, was cited to appear, and, on his failure to do so, was fined £10,000 Scots on the following day. A committee was appointed to try Traquair and Carnwath, and on 18 August his estates were sequestrated for pay- ment of the fine.5 The fine was paid by Lady Carnegy, who craved to recover it from money of Carnwath's which had been arrested by the Estates.6 On 21 June 1643 a warrant was issued for his apprehension under the Act of Pacification 1641, as a disturber of the peace between the two kingdoms.7 He was among the most obnoxious malignants in the Act of Classes of June 1644,8 and on 25 February 1645 the Estates found him guilty of treason and sentenced him to be hanged, but the estate and honour of Earl of Carnwath was transferred to his son, on payment of a fine of 100,000 merks Scots in two instalments, within eight days thereafter.9 He was at the battle of Naseby in June 1645, and is accused of having persuaded King diaries to flee, by seizing his bridle, and saying 4 Will you go upon your death in an instant.' 10 In 1651, by the King's desire, a committee was appointed to consider the restitu- tion of Sir Robert to his power and dignity as Earl of Carnwath,11 and on 3 June it reported that he was fully restored to his honour and dignity,12 but Parliament ordained him to raise a reduction of the decree of for- feiture.13 Sir Robert was taken prisoner at the battle of Worcester, 3 September 1651, and committed to the Tower on 16 September.14 He was, on 25 June 1652, allowed 1 Gordon's Scots Affairs, i. 108. 2 Spalding's History, i. 331. 3 Acta Part. Scot., v. 675. 4 Balfour's Annals, iii. 101. 6 Acta Part. Scot., vi. 5, 6, 13 and 44. 6 Balfour's Annals, iii. 101. 7 Fifth Rep. Hist. MSS. Com., 92. 8 Acta Parl. Scot., vi. 104. 9 Balfour's Annals, iii. 282; Acta Parl. Scot., vi. 182. 10 Clarendon's History of the Rebellion, ii. 508. 11 Acta Parl. Scot., vi. 601 and 606. 12 Ibid., vi. 617. 13 Ibid., vi. 623. 14 Nicoll's Diary, 59 ; State Papers, Domestic Series, 1651, 432. DALZELL, EARL OF OARNWATH 413 to go to Epsom for six weeks to drink the waters,1 and died in June 1654.2 He married, first, Christian, daughter of Sir William Douglas of Hawick ; and, secondly, Katherine, daughter of John Abingdon of Dowdeswell, co. Gloucester. On 30 October 1660 she had letters of administration as his widow. She married, secondly, 30 December 1661 (aged 26), William Watkins of Westminster (aged 60), who died probably before June 1662 ; and thirdly, as his second wife, Samuel Collins, M.D. , who died 9 April 1710. She died 12 August 1712.3 1. GAVIN, third Earl of Carnwath. 2. William, who died unmarried before 1647.4 3. Anna, married to John Hamiltoun of Preston, without issue (contract 27 September 1632, registered 29 June 1641).5 III. GAVIN, third 'Earl of Carnwath, obtained along with his wife a charter of the lands of Gashogill and others in 1644, resigned, in implement of his marriage-contract, by his father and himself.6 On his father's forfeiture he had to pay 100,000 merks for the former's liferent, and, to do this, conveyed the estate of Dalzell to his cousin, James Hamilton of Boggs in 1647,7 and in the following year he parted with the mill of Lanark to Colonel William Lockhart of Lee, and the ten-pound land of Grange to William Car- michael.8 He had in 1646 got a charter of novodamus of the barony of Dalzell,9 and, after the sale of these portions of it, obtained in 1648 a fresh grant from the King of the earldom and of the barony of Carnwath.10 In the same year an Act and a ratification with regard to the Earl of Carnwath, the provisions of which are not recorded, were passed.11 In 1659 Cromwell granted him a charter of the barony of Home, apprised from James, Earl of Home for 6575 merks.12 He served on various Committees of War for the counties of Dumfries and Lanark,13 was a Commissioner of Supply for these shires in 1661 and 1667,14 and sat in the Parliaments of 1661 to 1673.15 On 30 May 1661 a report was 1 State Papers, Domestic Series, 1651-52, 301. 2 Diet. Nat. Biog. 3 Com- plete Peerage. 4 Gen. Retours, No. 3226, 19 January 1647. 5 Deeds, vol. DXXX. 6 Eeg. Mag. Sig., 18 November 1644. 7 Ibid., 23 August 1647. 8 Ibid., 24 May 1648. 9 Ibid. , 15 April 1646. 10 Ibid., 29 July 1648. " Ada Parl. Scot. , vi. 283, 334. 12 Reg. Mag. Sig., 18 February 1659. 13 A eta Part. Scot., vi. 132, 213, and 297-298. " Ibid., vii. 91 and 544. ™ Ibid., vii. and viii. passim. 414 DALZELL, EARL OF OABNWATH presented to Parliament as to the losses sustained by the late Earl and his son Gavin, now Earl, which were estimated at £93,600, and, with interest, at £188,018, 13s. 4d., whereupon Parliament represented to the King the propriety of com- pensation being made.1 He died November or December 1673, leaving a will.2 He married, first (contract 21 July 1637, by which Robert, his father, bound himself to infeft his son and his wife in the lands of Elliok, and his wife brought a tocher of 20,000 merks),3 Margaret, elder daughter of David, Lord Oarnegy, son of first Earl of Southesk,4 by whom he had issue. She was living 4 July 1648. He married, secondly, before 14 December 1663,5 Margaret Erskine, eldest daughter of Alexander, Viscount Fenton, son of Thomas, first Earl of Kellie. 1. JAMES, apparently by second marriage,6 fourth Earl of Oarnwath. 2. JOHN, fifth Earl of Oarnwath. 3. Robert, educated at Glasgow University.7 4. Margaret, by first marriage.8 5. Jean, married to Claud Muirhead of Lachop. 6. Christian, died 1650.9 7. Mary, died 1650. These four sisters had a bond of provision in 1648, and were all by first marriage.10 IV. JAMES, fourth Earl of Oarnwath, was at Glasgow University in 1659,11 and served heir to his father on 30 May 1676.12 He obtained from Charles n., in 1675, a fresh charter of the lordship and barony of Oarnwath,13 and sold the estate to Sir George Lockhart, President of the Court of Session, in 1684.14 Died 1688.15 He married Mary Seton,16 youngest daughter of George, third Earl of Winton, who died January 1713, and by whom he had issue : — 1. A son, who died young.17 2. Elizabeth, married, first, Lord John Hay, second son of 1 Acta Parl. Scot., vii. 237, App. 46. 2 Dumfries Tests., vol. iv. 13 May 1675. 3 Carnegie Earls of Southesk, i. 114. 4 Ibid. 5 Gen. Reg. of Sasines, vii. 306. 6 Ibid. 7 Munimenta Alme Universitatis Glas- guensis, iii. 114. 8 Lanark Tests., 4 March 1653. 9 Ibid., vol. v. 4 March 1653. 10 Ibid. ll Munimenta Alme Universitatis Glasguensis, iii. 110. 12 Gen. Retours, No. 5909. 13 Reg. Mag. Sig., 3 March 1675. 14 Ibid., 15 February 1684. 15 Edinburgh Tests., vol. Ixxxi. 4 December 1701. l6 A portrait of her was sold at Colonel James Seton's sale on 23 October 1849 ; Seton's Family of Seton, 23, 632. 17 Ibid., 230. DALZELL, EARL OP CARNWATH 415 John, second Marquess of Tweeddale ; l and, secondly, General Robert Hunter, who died Governor of Jamaica in 1734.2 V. JOHN, fifth Earl of Carnwath, was at Glasgow University in 1659.3 Served heir to his brother on 13 November 1688. 4 He was a Commissioner of Supply for the county of Dumfries in 1696 ; 5 his attendances in Parlia- ment were frequent. He was a member of a musical and political club called 4 Pat Stem's,' in 1690,6 and ran his horse in matches against Lord Leven and Melville's in 1697.7 In 1685, Lords Carnwath, Aberdour, and Loudon each strove to be pursebearer to the Duke of Queensberry, the King's Commissioner to Parliament, but he gave it to his own second son.8 The Earl died 7 June 1702, un- married.9 On his death the earldom passed to Sir Robert Dalzell, the great-grandson of Sir John, second son of the first Earl. VI. SIR ROBERT DALZELL, sixth Earl of Carnwath, who was served heir to his father and great-grandfather, Sir John, on 20 April 1695.10 On the death of John, fifth Earl of Carnwath, in 1702, he succeeded to the earldom, and was served heir in November of that year. He was a member of ' Patrick SteiU's Club ' in 1704,11 and was a Com- missioner of Supply for Dumfriesshire in 1706.12 He was engaged in the Rebellion of 1715, being one of those who attempted to seize William, Marquess of Annandale, in October.13 His name is on the Jacobite ' Muster Roll,' 14 and he was taken prisoner at Preston on 14 November, and committed to the Tower on 8 December.15 Carnwath was impeached in the House of Lords on 19 January 1716, and pleaded guilty. He was sentenced to be executed, and his honours and estate, valued at £863 per annum, were forfeited, but he was ultimately respited and then pardoned.16 In 1723 1 Maitland's House of Seton, 79 ; Crawfurd's Peerage, 69. 2 Hunter of Hunterston, 28. 3 Munimenta Alme Universitatis Glasguensis, Hi. 110. 4 Retours, No. 6947. 5 Acta Parl. Scot., x. 29. 6 Earls of Leven and Melville, i. 257. 7 Ibid., ii. 242. 8 Fountainhall's Historical Observes, 157. 9 Crawfurd's Peerage, 69 ; Retours, 22 March 1764. 10 Gen. Retours, Nos. 7576-7577. n Earls of Cromartie, i. 219. 12 Acta Parl. Scot., xi. 318. 13 Annandale Family Book, ii. 255. 14 Seton's Family of Seton, 255. 15 Book of Caerlaverock, ii. 62. 16 State Trials, xv. 761-801. 416 DALZELL, EARL OF OARNWATH his estates, with the exception of Elliok, which had reverted to the superior, the Duke of Queensberry,1 were bought from the Commissioners on forfeited estates, at public auction, by William Veitch, Writer to the Signet, Carnwath's lawyer, who had advanced him large sums of money,2 and these were restored to Sir Robert in 1734-35 ,3 Sir Robert died at Kirkmichael 19 July 1737.4 He married, first, on 19 January 1710 (the date of contract), Grace Montgomery, third daughter of Alexander, ninth Earl of Eglinton, who died in January 1713. He married, secondly, on 3 June 1720, Grizel, daughter of Alexander Urquhart of Newhall. She died 3 September 1723. The Earl married, thirdly, 15 November 1728, Margaret, daughter of John Hamilton of Bangour. She died 13 February 1730, at Edinburgh.5 He married, fourthly, at Worksop, 19 June 1735, Margaret, third daughter of Thomas Vincent of Barnborough Grange, baptized at Barnborough 5 November 1696, and died in London 11 April 1758. The Earl had issue by all his wives, as follows : — 1. Euphemia, died before 1715. 2. Margaret, to whom, by bond dated 11 May 1715, he provided the lands of Elliok, while by a previous dis- position he had left her his jewels, which consisted of inter alia ' a gold meddle of King diaries i. anno 1643, and King Charles i.'s picture in a ring.' 6 She died unmarried 18 April 1781. 3. Alexander (only child of second marriage), styled Earl of Oarnwath, born 2 February 1721-22, was served heir to his father in Dalruscan, Amisfield, etc., on 20 Sep- tember 1737,7 and heir-general to his sisters Margaret and Elizabeth on 18 May 1782,8 was educated at Edinburgh University.9 He died 3 April 1787 at Kirkmichael, having married before 1753 Elizabeth Jackson, and had issue : — (1) Richard, styled Lord Dalzell, born 23 July 1753, who died 1 Carta, penes G. D. Veitch, Esq. of Elliok. The Duke, by bond dated 25 May 1720, bound himself to convey Elliok to Captain Alexander Urquhart of Newhall, to whose daughter Carnwath was married ten days later ; but Elliok passed to William Veitch, whose family have since held it. 2 Forfeited Estates, 1715, Papers at Reg. House. 3 Reg. Mag. Sig., 26 July 1734, and 12 February 1735. 4 Services of Heirs, 1730-39 ; Dumfries Tests., xii. 31 May 1742, and 6 February 1745. 5 Funeral entry in Lyon Office. 6 Montgomeries, Earls of Eglinton, i. 103. 7 Retours, 5 October 1737. 8 Ibid., 23 May 1782. 9 Carlyle's Autobiography, 31. DALZELL, EARL OP CABNWATH 417 27 June 1782, having married in 1775 Elizabeth Johnston, and had issue : — i. Elizabeth, born 1776, married to Sir Alexander Gilbert Grierson of Lagg, Bart., who died March 1840. (2) Robert. (3) Alexander, Surgeon H.E.I.C.S., born 23 August 1760, died unmarried 1788. (4) John, born 19 November 1765, had issue Eliza Jane, married Jonas M. Leake, M.D. (5) James, lost at sea when about fourteen. (6) Margaret, married in 1778 to Sir Robert Grierson, Bart., of Lagg, who died 8 August 1839, at the alleged age of 102. (7) Elizabeth, died 23 December 1830, aged 61. Robert Dalzell of Glenae, the eldest surviving son. Advocate 1776. Succeeded his father in 1787, and served heir-male and of provision to him on 29 July 1788. l He died at Glenae 13 February 1808, having married, 18 March 1783, Anne, daughter of David Armstrong of Kirtleton, advocate, and by her, who died 21 February 1797, he had issue :— i. John., ii. Margaret, born 29 April 1784, succeeded to Glenae after her brother's death ;2 died 29 April 1847,3 married, 20 August 1818, to Captain Dougall Stewart Dalzell, who died 25 April 1847, leaving a son, Robert Brainerd, who succeeded to Glenae on his mother's death.4 iii. Elizabeth, born 20 October 1790, married, 31 August 1812, to Henry Alexander Douglas, who died 15 March 1837. John Dalzell of Glenae, the only son, was born 18 August 1795. Succeeded his father 1808. Became a midshipman, and died, unmarried, in an action off New Orleans on 10 October 1814. 4. Elisabeth, by third marriage, who died 1737. 5. Robert, by fourth marriage, whose line became the senior one on the death of John Dalzell of Glenae in 1814. He died 31 July 1788. He married, May 1761, Elizabeth, daughter of Richard Acklom of Wiseton, in Nottingham, by whom he had issue : — (1) ROBERT ALEXANDER, seventh Earl of Carnwath. (2) Elizabeth, died unmarried 24 March 1819. VII. ROBERT ALEXANDER DALZELL, afterwards seventh Earl of Oarnwath, was born 13 February 1768, and became a lieutenant-general in the army. He was, on 26 May 1826, restored to the earldom, though not apparently to the barony of Dalzell, by Act of Parliament. He died 1 January 1839. He married, first, 23 September 1789, Jane, 1 Services of Heirs, 1780-89. 2 Ibid., 1810-19. 3 Ibid., 1840-49. 4 Ibid. 418 DALZELL, EARL OP OARNWATH daughter of Samuel Parkes of Cork, and by her, who died 30 September 1791, had a daughter : — 1. Elizabeth, born 12 August 1790, died 3 May 1801. He married, secondly, 26 April 1794, Andalusia, daughter of Lieutenant-Colonel Arthur Brown of Knockduff House, Kinsale, and by her, who died March 1833, had issue : — 2. Catherine Andalusia, born 7 February, died 1 May 1795. 3. Robert Arthur, born 1 May 1796, died 30 December 1799. 4. THOMAS HENRY, eighth Earl of Oarnwath. 5. ARTHUR ALEXANDER, afterwards tenth Earl of Carn- wath. 6. Andalusia, born 11 June 1801, died 2 February 1813. 7. Robert Acklom, born 17 December 1802, died 20 January 1504. 8. HARRY BURRARD, afterwards eleventh Earl of Oarn- wath. 9. Charlotte Marianne, born 28 April 1806, died young. 10. Emma Maria, born 28 March 1809, died 25 December 1882. 11. Eleanor Jane Elizabeth, born 4 November 1810, died 3 May 1836. 12. Charlotte Augusta, born 24 July 1812, died 27 Decem- ber 1844. 13. Vincent Carnwath, born 2 April 1815, died an infant. 14. Robert Alexander George, born 19 August 1816. Honorary colonel of the Grenadier Guards, O.B., Knight of the Medjidi (fifth class). Died 19 October 1878. Married, 27 August 1846, Sarah Bushby, daughter of John Harris of Eldon House, London, Canada, by whom he had issue : — (1) ROBERT HARRIS CARNWATH, the present Earl of Carnwath. (2) Arthur Edward, born 25 December 1851, C.B., married 4 December 1902, Muriel Windham, second daughter of Colonel Norton Knatchbull, and has issue Muriel Marjorie, born 22 September 1903. (3) Amelia Andalusia, born 11 December 1848, died 15 August 1850. (4) Mary Isabella, born 22 July 1850, married, 30 July 1874, Major Thomas Leith of Petmathen, and has issue. (5) Charlotte Emma Maud, born 2 September 1859, married, 25 February 1882, Colonel Launcelot Rolleston, D.S.O. DALZELL, EARL OP OARNWATH 419 Married, thirdly, 11 October 1838, Jane Cornell, widow of Major Alexander Morrison of Gunnersbury Park, Middlesex, and daughter of John Cornell of Correnden and Hazel Hall, Kent. She died 14 May 1863. VIII. THOMAS HENRY, eighth Earl of Carnwath, born 2 September 1797. Died at Bagneres de Bigorre, Prance, 14 December 1867. Married, first, 9 September 1834, Mary Anne, eldest daughter of the Right Honourable Henry Grattan, and widow of John Blackford of Altadore, co. Wicklow. She died 22 September 1853. The Earl married, secondly, 2 May 1855, Isabella Eliza, daughter of Colonel Eardley Wilmot, and widow of John Hartpole Lecky, and by her, who died 16 October 1902, he had issue :-— 1. HENRY ARTHUR HEW, ninth Earl of Carnwath. IX. HENRY ARTHUR HEW, ninth Earl of Carnwath, born 12 April 1858. He died 13 March 1873, while at school at Harrow, and was succeeded by his uncle. X. ARTHUR ALEXANDER, tenth Earl of Carnwath, the second son of the seventh Earl. Born 15 September 1799. Became a general in the army, and colonel of the Forty- eighth regiment. He died unmarried 28 April 1876 at Eaton Place, and was succeeded by his brother. XI. HARRY BURRARD, eleventh Earl of Carnwath, brother of the last Earl. Born 11 November 1804. Colonel in the Bengal Artillery. Died 1 November 1887. He married, on 16 November 1827, Isabella, daughter of Rev. Alexander Campbell, who died 14 October 1867, and had issue as under, but as he left no surviving male issue, he was succeeded by his nephew as twelfth Earl. (See below.) 1. Arthur John, born 8 April 1829, died 9 April 1849. 2. Robert Augustus, captain, Scots Fusilier Guards, born 13 October 1838, died 20 April 1869. 3. Eleanor Carnwath, born 14 August 1840, died 29 May 1867. 4. Edith Isabella, born 15 October 1843. Married 31 July 1875, to Admiral Edward Stanley Adeane, who died 18 October 1902, and had issue. 420 DALZELL, EARL OF CARNWATH XII. SIR ROBERT HARRIS CARNWATH, twelfth Earl of Carnwath, baronet of Nova Scotia. Born 1 July 1847. Succeeded his uncle in 1887. Representative Peer 1892. Married, on 19 August 1873, Emily Sulivan, daughter of Henry Hippisley of Lamborne Place, Berks, and by her, who died 7 May 1889 at Carnwath House, Fulham, had issue : — 1. Robert Hippisley , Lord Dalzell, born 30 September 1877, educated at Trinity College, Cambridge, died unmarried 2 August 1904. 2. Ronald Arthur, born 3 June 1883. 3. Ida Elizabeth, born 9 June 1876. 4. Violet Charlotte, born 18 March 1879; married, on 19 February 1901, to Harold Greenwood Henderson, lieutenant, Life Guards, eldest son of Sir Alexander Henderson, Bart., of Buscot Park, and has issue: — CREATIONS.— 18 September 1628, Lord Dalzell; 21 April 1639, Earl of Carnwath, Lord Dalzell and Liberton. ARMS. — (Recorded in the Lyon Register.) Sable, a naked man, his arms expanded proper. CREST.— A sword standing upright azure, hilted and pommelled or. SUPPORTERS. — Two armed men with targets in their hands. MOTTO. — I dare. [w. w.] THE ANCIENT EARLS OF CARRICK HE earldom of Oarrick was at one time the northern portion of the old province of Galloway* which was in ancient times governed by its own princes and its own laws, and included all that is now called South Ayrshire, Wigtownshire, and the Stewartry of Kirkcudbright. The people were Gaelic > perhaps descendants of the Picts.1 The first personage of note in Galloway history apart from tradition is Fergus, Prince or Lord of Galloway (see that title), who died in 1161, leaving two sons : — 1. Uehtred, who will be treated under the title Galloway. 2. Gilbert, according to the then custom, shared with his brother the lordship of Galloway and the lands. They attended William the Lion in his invasion of Northumberland in 1174, when that monarch was taken prisoner. Galloway then broke into rebellion, many subjects of Scotland were murdered, the King's officers expelled, and the castles — which had but recently been built to protect them — thrown down. The brothers then quarrelled as to their respective jurisdictions, and Gilbert, by the agency of his son Malcolm, perhaps illegitimate, slew his brother 1 Preface, Liber de Metros, xii. 174. VOL. II. 2E 422 THE ANCIENT EARLS OF CABRIOK Uchtred, who adhered to the Scottish King, 22 September 1174, with peculiar circumstances of savage brutality.1 Gilbert offered to pay the English King a yearly tribute of 2000 merks silver, 500 cows and 500 swine, but Henry n., on account of the murder of Uchtred, refused both homage and tribute.2 In 1175, William of Scotland being restored to liberty, marched an army into Galloway to chastise Gilbert, but instead of executing justice, contented himself with exacting a pecuniary satis- faction. In 1176, Gilbert came to York with William, and was received by Henry. There he left his son Duncan as hostage for his friendship, and in 1180 he was charged in the English Exchequer with the then enormous sum of £919, 9s.3 In 1184, he is found under the protection of England, making devastating raids into Scotland and rejecting terms of accom- modation offered to him. Gilbert died 1 January 1185,4 and was succeeded by his son and heir : 5 — I. DUNCAN, then probably a minor. He is afterwards mentioned as Sir Duncan de Carrick. The death of Gilbert was the signal for general turmoil among the Galwegians. Roland, the son of the murdered Uchtred, defeated the supporters of the late Gilbert in a furious fight, 5 July 1185, and slew Henry Kennedy and others who are described as leaders and instigators of rebellion.6 In 1186 Duncan compromised with Roland, in consequence of which King William the Lion confirmed to him the territory of Carrick on condition he renounced all claims to the southern portion of ancient Galloway. He had considerable estates, at the same time, in the north of Ireland.7 In 1193, or before 1197, he granted the lands of Maybothelbeg or Little Maybole to the monks of Melrose, and he also founded and richly endowed the Abbey of Crossraguel, and there are many other instances of his munificence to the Church.8 1 Caledonia, i. 630. 2 Dal. Ann., i. 142. 3 Cal. Docs. Scot., i. No. 955. 4 Hoveden, ii. 299. 5 Another son may have been Gillokonel Manthac, who in 1233 is described as brother of the Earl of Carrick (then Duncan), and gives evidence in a dispute as to lands on the Clyde, on behalf of the monks of Paisley. Reg. de Passelet, 166-168. 6 Robertson's Scotland under her Early Kings, 309; Fordun a Goodall, i. 490. 7 Cal. Docs. Scot., Nos. 874, 878, 879. 8 Caledonia, iii. 485, 486, 530, 531. THE ANCIENT EARLS OF CARRICK 423 He took part with King John of England, who calls him his cousin or kinsman, in his wars in Ireland. He also captured Matillidis de Haya, wife of William de Braosa, her son and daughter, who had fled from Ireland to Scot- land, and handed them over to the English King.1 He was present when Alexander 11. took his oath to marry Joanna, eldest sister of Henry in.2 Duncan is said to have been created EARL OF OARRIOK by King Alexander n. between 1225 and 1230,3 on condition that he resigned all claim to the lordship of Galloway. The descendants of Duncan and his son Neil appear to have taken the name of de Carrick. Earl Duncan died 13 June 1250.4 He carried off in 1200, and probably married, Avelina, daughter of Alan Fitz-Walter, then High Steward of Scotland.5 His seal, as attached to various original charters, bears the device of a griffin or dragon, hot on a shield.6 He had issue : — 1. Neil, who succeeded. 2. John de Carrick, who had the lands of Straiton. The Church of Straiton had been granted by his father to the monks of Paisley, a grant which was confirmed by King Alexander n. in 1236.7 In the previous year, however, John had taken part in the revolt of the Galloway men, and had harried several churches in the diocese of Glasgow. In return for a pardon from the Bishop of Glasgow, John de Carrick granted to him a piece of land in Straiton with the right of patron- age of the Church, but this last grant was invalid because of Earl Duncan's charter to Paisley. John's grant was confirmed by his father and King Alex- ander ii. in 1244.8 Sir John, Knight, son of the Earl, is also named as a witness in a charter by Earl Duncan of an annualrent from the lands of Barbeth.9 Sir John de Carrick was probably the father of (1) Roland de Carrick, who obtained from Neil, Earl of Carrick 1 Cal. Docs. Scot., i. No. 480. 2 Ibid., i. No. 762. 3 This is the date assigned by Chalmers, and it is not improbable, but in a writ to the monks of Melrose, the date of which must be before or in 1196, he is described as 'Duncanus, films Gilbert! filii Fergus, Comes de Karic,' and in other writs about and after 1200 he is styled Earl of Carrick (Ibid., i. 172), but his style varies. Liber de Metros, i. 25. * Reg. Epis. Glasguen., ii. 616. 5 Chronica Rogeri de Hoveden, Record Ser., iv. 145. 6 See Carte de Northberwic, pp. i, xxxi. 7 Reg. de Passelet, 427. 8 Reg. Epis. Glasguen., i. 151, 152. 9 Carte de Northberwic. 424 THE ANCIENT EARLS OF CARRICK (before the latter's death in 1256), a charter granting to him and his heirs the headship of the whole clan, as well in ' cal- umpniis ' (Caupes),1 as in other articles and things pertaining to the ' Kenkynol,' 2 with the office of bailiary of the country of Carrick, and the leading of the men thereof, to be held under the Earl and his heirs for ever.3 This 'Kenkynol* could only be held by the male head of a Gaelic clan, and therefore Earl Neil could not transmit it to his daughter Marjory. No doubt he handed it over to Roland as his nearest heir-male, which strengthens the probability that Roland was the son of John of Carrick. In 1260 there is mention of a sum owing to the Crown per relevium of Roland of Carrick, probably denoting his entry to lands.4 Unfortunately the name of the lands are not given. He was dead before 30 April 1275, leaving a widow Matildis or Matilda de Carrick, who was one of the co-heirs of Helwisa Levington, wife of Eustace Baliol. By her, who died before 30 March 1308, he had issue one son named Roland,5 and probably by an earlier marriage Sir Gilbert, who succeeded to his father's estates. i. Sir Gilbert, who appears as Gilbert Fitz-Roland in the homage roll of 1296, but is named some years before that, in 1285, as a party to an arbitration between himself and the nuns of Northberwick, of a dispute about the patronage of the Church of Maybole, which had been granted to the nunnery by Duncan, Earl of Carrick.6 Gilbert's seal appended to this writ shows armorial bearings similar to those of the present Marquess of Ailsa, except that there are nine cross crosslets instead of three.7 He was present in 1292 at the resignation of the earldom of Carrick by Robert Bruce to his son the future King, and was one of the sureties to King John Baliol for a former resignation.8 In. 1296, as stated, he did homage as one of the barons of Ayrshire. Some time between 1306 and 130), as Sir Gilbert of Carrick, Knight, he had from King Robert Bruce a remission, because through Arthur his brother-in-law he had delivered the castle of Lochdoon to the English, and in so doing 1 ' Caupes ' or * Calpes ' in Galloway and Carrick were gifts, such as a horse or other thing which a man in his lifetime gives to his master or to any other man that is greatest in power and authority, and specially to the head and chief of the clan, for maintenance and protection. Cf. Skene's De Verborum Significatione, sub voce ' Caupes.' These dues were not abolished until 1617 (see article ' Cassillis '). 2 In Gaelic ceann denotes a head, and cinneal a tribe or family. 'Kenkynol' or ' Ceanncinneal' therefore means head of the tribe or clan. 3 This grant was confirmed by King Alexander in. at Stirling, 20 January 1275-76, and ratified (to John Kennedy) by King Robert n. one hundred years later, at Ayr, 1 October 1372 (see post, p. 445). Eeg. Mag. Sig., fol. ed., 114, 115. 4 Exchequer Rolls, i. 28. 5 Cal. Docs. Scot., ii. No. 42; iii. No. 39. 6 Carte Monialium de Northberivic, 23, 24. 7 Scot. Armorial Seals, by W. R. Macdonald, No. 380; Cal. Docs. Scot., ii. 205. 8 Acta Parl. Scot., i. 449. THE ANCIENT EARLS OF CARRICK 425 had betrayed to them Christopher Seton, brother- in-law of the King. But as the King understands this was falsely imputed to Gilbert, he reinstates him with all authority.1 He left issue :— (i) Gilbert de Carrick, who as son and heir of the late Sir Gilbert de Carrick received a charter, which must be dated between 1315 and 1333, from Malcolm, Earl of Lennox, of the lands of Buchmonyn, Blairfod, and other lands.2 It may be added that about 1393 Sir Gilbert Kennedy of Dunure (see title Cassillis) granted the lands of Buchmonyn to his cousin or kins- man John Kennedy, son of Fergus Kennedy. He appears to be the Sir Gilbert de Carrick who was taken at Durham in 1346. He had from John Leane (or Lany) a grant of the lands of 'Buchan,' co. Stirling, confirmed to him by King David u. He had from the same King a liferent grant of the office of coroner, be- tween the waters of Ayr and Doon, and of the lands of 'Buchanan,' co. Stirling.3 He appears as witness to three charters by Donald. Earl of Lennox, who nourished between 1333 and 1364, * and beyond these there is no further trace of him. ii. Roland de Carrick, who on 30 March 1308, is described by a jury as son and heir of Matilda de Carrick, and is stated to be thirty years of age and upwards. In terms of this he did homage for her lands in England. In 1310 he is again referred to as her son and heir.5 Nothing further is known of his history, but he may have been the father of (i) Malcolm, son of Roland, who in or before 1371 granted a charter to John Kennedy of Dunure of the lands of Treuchane and Kenechane, in the parish of Kirkmichael, Ayrshire. His seal bears an eagle displayed with two heads. Legend, S. Malcolm. Fil. Roland.6 iii. A daughter, married to Arthur, the Castellan of Lochdoon, who surrendered that fortress to the English, apparently about October 1306. 7 3, 4. Alexander and Allan, are named as sons of Earl Duncan.8 Alan is in one writ designed Parson of 1 Kirkemanen ' and of Straiton.9 1 Reg. Mag. Sig., fol. ed., 115. 2 Cartularium de Levinax, 43, 44. 3 Robertson's Index, 39, 40, 41, 46, 48. The lands of Buchan and Buchanan are probably identical, and John Lany, the laird of the estate of Leny, afterwards held by the Buchanans. 4 Cartularium de Levinax, 56, 58, 93. One of these charters was confirmed by King David n. on 26 January 1370-71; Reg. Mag. Sig., fol. ed., 77. 5 Cal. Docs. Scot., iii. Nos. 39, 179. 6 Original in Culzean Charter-chest; cf. Scot. Armorial Seals, No. 381. 7 Cf. Reg. Mag. Sig., fol. ed., 115; and Cal. Docs. Scot., ii. Nos. 1819, 1845. 8 Carte de Northberwic, 13, 14. 9 Liber de Melros, i. 170. 426 THE ANCIENT EARLS OF OABRIOK II. NEIL, second Earl of Oarrick, who was also called Nicol and Nicolaus,1 was a great benefactor to the Ohurch, particularly to the monasteries of Orossraguel,2 and to Sandale in Kintyre.3 A commission was granted by Henry in. in 1255 for receiving Neil, Earl of Carrick, and other Scotsmen into his protection, and he was one of the Regents of Scotland, and Guardians of Alexander in. and his Queen, appointed in the English interest at a con- vention at Roxburgh, 20 September 1255.4 Previous to his death in 1256, he granted a charter to Sir Roland de Oarrick,5 who succeeded him in some of his lands, con- stituting him and his heirs head of the whole clan, as already stated. Neil, Earl of Oarrick, died in the year 1256. He is said to have married Margaret, daughter of Walter, High Steward of Scotland.6 He had issue four daughters, but only Margaret or Marjorie, the eldest, who succeeded him as Countess of Carrick, is known to history.7 His daughter, III. MARGARET or MARJORIE, Countess of Carrick, mar- ried first, Adam de Kilconcath, who, in her right, was third Earl of Oarrick.8 Engaging in the Crusade 1269, he went to the Holy Land under the banners of Louis ix. of France, and died at Acre, in Palestine, 1270.9 By him Marjorie had no issue. The next year, 1271, the widowed Countess happening to meet Robert Bruce, son of Robert Bruce, Lord of Annandale and Cleveland, hunting in her domains, she became enamoured of his personal charms, and with some violence led him to her castle of Turnberry, where they were married in a few days, without the knowledge of their relations, or the requisite consent of the King. Alexander in. instantly seized her castle and estates, but she afterwards atoned for her delinquency by a fine. 1 Crawfurd's Peerage, 70. 2 Fcedera, vol. i. chap. ii. 2. 3 Caledonia, iii. 486, 530. 4 cat. Docs. Scot, i. Nos. 1987, 1983, 2013, 2015. 5 Reg. Mag. Sig., fol. ed., 115. 6 Duncan Stewart's History of the Stewarts, 49. 7 Palgrave's Historical Documents, 40. She is said to have been his only legitimate daughter, but in the pleadings of the Com- petitor in 1291, where alone her sisters are referred to, she is simply said to be the eldest of four. 8 Suth. Add. Case, v. 19, m; cf. Laing Charters, No. 8. 9 Dalr. Ann., i. 192; Fordun, ii. 114. THE ANCIENT EARLS OF CARRICK 427 Robert Bruce was then recognised as Earl of Carrick in right of his wife. The Countess died in 1292, before 27 October. (See also pages 428, 429.) CREATION. — Between 1225 and 1230. ARMS. — Gilbert Fitz-Roland bore on his seal a chevron between nine cross crosslets fltchee. [J. A.] BRUCE, EARL OF CARRICK DELM (or ADAM) DE BRUS, is said to have been the second son of Robert de Brus, a Nor- man knight, and Emma, daughter of Allan, Earl of Brittany. He is also said to have come to England before his father, perhaps as a page to Queen Emma, daughter of Richard, Duke of Nor- mandy, and widow of King Ethelred n. and King Canute. Sir George Mackenzie states that after that Queen's death he came to Scotland and got a grant of the lands of Bowden from Malcolm Ceannmor,1 but this is very doubtful, and there does not appear to be any record evidence for it. On William the Conqueror's invasion of England he joined that King, with whom his father had also come. His services were rewarded with a grant of the barony of Skelton and lordship of Cleveland, in Yorkshire. He died about 1080 ; he is said to have married Emma, daughter of Sir William de Ramsay, but this also is doubtful. He left issue, so far as is known : — 1. ROBERT. 2. William, the first Prior of Gisburne, who was buried there, 1155. ROBERT DE BRUS succeeded his father in the barony of 1 Notes in Advocates' Library. BRUCE, EARL OF CARRICK 429 Skelton. There has been much confusion about this Robert through Dugdale confounding him with his grandfather, who bore the same name. He became a very powerful Baron, having no less than ninety-four lordships in York- shire, summed at fifteen knights' fees. He was a liberal benefactor to the Church, and along with the Earl of Huntingdon (afterwards David I.) founded the Abbey of Sel- kirk, afterwards removed to Kelso. He had charters from David i., circa 1124, of the lands of Estrahanent, or Annan- dale.1 He married Agnes, daughter of Poulk de Paganell,2 and got with her the manor of Careton, in Yorkshire, and other lands. Of a second alleged marriage to Agnes de Annand there is no proof. He died in May 1141,3 leaving issue : — 1. Adam, who succeeded in Skelton. 2. ROBERT, surnamed 4 le meschin,' who succeeded in Annandale. 3. Pagan, supposed to have been the founder of the family of Bruce of Pickering. 4. Agatha, married to Ralph, son of Ribald, Lord of Middleham.4 ROBERT DE BRUS, ' le meschin ' or the younger, the second son of his father, got from him his Scottish posses- sions of Annandale just before the battle of the Standard in 1138 ; they were both present at that engagement, but upon different sides, though the young possessor of Annan- dale was only fourteen. He is said to have been taken prisoner by his own father, who sent him to King Stephen, but that monarch courteously remitted him to his mother at Skelton. The whole affair was probably a family arrangement to prevent the lands, in the case of either side winning, from going out of the family by forfeiture. Robert de Brus had a grant of certain lands in Durham from his father, on a complaint made by him that he had no wheaten bread in Annandale ; he had also a confirma- tion of the last-named territory from William the Lion, dated at Lochmaben, circa 1166.5 Brus married a lady 1 Nat. MSS., i. p. xix ; Eraser's Annandale Book. 2 Cf. Col. of Docs., i. No. 34. 3 Annandale Book, i. p. xi. 4 Her father's seal attached to her marriage settlement is given in Gale's Richmond. 6 Cal. of Docs., •d. No. 105. 430 BRUCE, EARL OP OARRICK whose Christian name was Euphemia.1 He died in 1194,2 leaving issue at least two sons : — 1. Robert, married in 1183 Isabel, natural daughter of King William the Lion by the daughter of Robert Avenel.3 He died s. p. before his father in 1191, in1 which year his widow married Robert de Ros. 2. WILLIAM. WILLIAM DE BRUS succeeded his father in Annandale about 1194. His wife's name was Christina, who survived him and married, after his death in 1215, Patrick, Earl of Dunbar, as his second wife.4 He had issue : — 1. ROBERT. 2. William. 3. John.5 ROBERT DE BRUS, surnamed ' the noble,' was one of 'magnates Scotie' who witnessed the marriage of King Alexander n. with Johanna, sister of Henry in., at York. He married Isabel, second daughter of David, Earl of Huntingdon, younger brother of King Malcolm rv. and King William; it was through this marriage that the succession to the Crown of Scotland came into the family of Bruce. Isabel became, in 1237, one of the co-heirs of her only surviving brother, John le Scot, in the earldom of Chester; but as this possession was seized by King Henry in., she was granted by him the manors of Hertfield and Wrettle, in Essex, and it was at a residence in the- former parish that Brus and his wife chiefly resided. The former died 1245, and the latter, who was born 1206, died circa 1251. 6 They were both buried at Saltre Abbey, near Stilton. They had issue : — 1. ROBERT, 'the Competitor.' 2. Beatrice, who in 1221 was the wife of Hugo de Neville. ROBERT DE BRUS was born in 1210, and at the Convention at Roxburgh in 1255 he was appointed one of the Coun- sellors and Guardians to the King.7 He served on the side 1 Orig. charter, No. 2, in H.M. Reg. Ho. 2 Cf. Cal of Docs., i. No. 197. 3 Chron. de Melros, 92, anno 1183. 4 Cal. of Docs., i. No. 700. 5 Fourth Rep. Hist. MSS. Com., 443. 6 Cal. of Docs., i. No. 1869. 7 Acta Parl.. Scot., i. 119. BRUCE, EARL OF OARRIOK 431 of King Henry m. in the wars of the Barons, and after the battle of Evesham was appointed Governor of Carlisle Castle and Sheriff of Cumberland.1 After the death of King Alexander in. in 1286, the Maid of Norway was, in default of heirs-male, proclaimed at Scone as Reine Here- tiere and successor to her grandfather, she being then three years of age. Robert de Brus, however, assembled his friends and relations at Turnberry Castle, 20 September 1286, and set forth his claims to the Crown, saying that he could prove by witnesses then living that King Alex- ander in. of Scotland, when childless, had declared him heir-presumptive to the Crown ; that a female was incom- petent to reign, and that his cousin, Devorgilla, the daughter of Margaret, the eldest daughter of David, Earl of Huntingdon, the common ancestor of many of the claimants, should be set aside in favour of himself, the son of Margaret's immediate younger sister, Isabella. This claim, however, was temporarily suspended, owing to the recognition of the Maid of Norway ; but in 1290, on the death of that Princess, Brus re-asserted it, and took active steps towards having himself proclaimed King. This was stopped by the influence of Edward i., and ulti- mately Brus retired to his Castle of Lochmaben, and agreed that his claim should be tried along with those of the other Competitors by Edward as arbiter. After the award of the Crown to Baliol, Robert de Brus resigned to his son, Robert, Earl of Carrick, all his claim to the Kingdom of Scotland. This was on the morrow of St. Leonard, 5 November 1292.2 He was an old man by this time, and only lived a few years longer, dying before 3 May 1294. He married, first, in or before 1240, Isobel, second daughter of Gilbert de Clare, third Earl of Gloucester and Hereford.3 She was born 1226,4 and was only thirteen when married. By her, who was alive in 1284, he had issue : — 1. ROBERT, who became Earl of Carrick. 2. William, married Elizabeth, daughter and heir of Ray- mond de Sully. 3. Sir Bernard of Connington and Exton, married, first, Alicia de Clare, and, secondly, Constance de Morleyn. 1 Cal. of Docs., i. No. 1994. 2 Ninth Rep. Hist. MSS. Com., pt. ii. 367. 3 Cal. of Docs., i. No. 1498. 4 Hodgson's Northumberland, iii. 2. 432 BRUCE, EARL OF CARRICK 4. Richard, died before 26 January 1286-87,1 and his lands were re-pledged to Robert Brus, his father.2 Robert de Brus, 'the Competitor,' married, secondly, before November 1275, Cristiana, daughter of Sir William de Ireby, and widow of Thomas Lascelles and of Adam de Gesemuth.3 She had no issue by her third husband, whom she survived, but was dead in September 1305.4 ROBERT BRUCE, eldest son of ' the Competitor,' married, as her second husband, Marjorie, eldest daughter and heiress of her father Neil, Earl of Carrick, and so became Earl of Carrick jure uxoris. Their meeting has been differently related by various authors, but the main features of the story are always the same. On Bruce's arrival at Turn- berry to convey to the lady the news that her husband, Adam de Kilconquhar, had been slain at Acre, he met the child widow hawking with her attendants. Having delivered his message he was preparing to take leave, when she ordered her retainers to take him a prisoner to her castle, where, after an honourable captivity of a few days, they were married.5 These hasty and unauthorised espousals were nominally disapproved by the King, and a fine imposed. But as she could hardly have chosen a more unexceptionable husband, the pair were soon received into royal favour. The Countess Marjorie died in 1292, and Bruce, refusing to do homage to Baliol, handed over the earldom to his son (afterwards Robert I.), and retired to Norway with his daughter Isabella6 for a time. On his father's death in 1294 he returned to England and had livery of his father's lands there, and was appointed Governor of the Castle of Carlisle.7 He was summoned to the English Parliament as a baron (Lord Bruce) on 24 June 1295. He and his son Robert swore fealty to Edward 28 August 1296. He accompanied that monarch in his expedition to Scotland against Baliol in 1296, but on his 1 Cal. of Docs., ii. No. 309. 2 In addition to the above children, Dugdale mentions a son John, and Drummond, in Noble British Families, gives the names of two daughters, Aloysia and Isobella, married respectively to Sir Nigel Graham of Montrose and John Fitzmarmaduke. There does not, however, appear to be any record evidence of their existence. 3 Cal. of Docs., ii. No. 826 ; see also p. 369 ante. 4 Ibid., 43, 51, 1690. 6 Chron. de Mailros, 219. 6 Patent Rolls, 20 Edw. I. M. 4. ? xbid., 23 Edw. i. M. 5. BRUCE, EARL OF CARRICK 433 claims to the throne being scouted by Edward, he again retired to England, residing chiefly at Broomeshoobury.1 He died shortly before 4 April 1304,2 and was buried at Holm Oultram. He had married as a second wife Alianora . . . who is mentioned as his widow in 1305,3 and she married, in 1306, Richard de Waleys. By the Countess Marjorie he had issue : — 1. ROBERT, afterwards King Robert I. 2. Edward, of whom hereafter. 3. Thomas, was wounded and taken prisoner by Sir Dougal MacDowal at Lochryan, and was brought by him to Carlisle Castle, where he was executed by order of King Edward I. 1306-7.4 4. Alexander, suffered the same fate at the same time as his brother. It is said he was a learned man, had been educated at Cambridge, and was Dean of Glasgow.5 5. Sir Nigel, sometimes called Neil, described as miles pulcherrime juventutis. After holding the Castle of Kildrummie for his brother, along with the Earl of Atholl, the fortress was set on fire, and he was compelled to surrender in September 1306. He was taken to Berwick, and there executed. 6. Isabel. She is generally said to have married Sir Thomas Randolph of Strathdon, Great Chamberlain to Alexander in., and to have been the mother by him of King Robert's faithful lieutenant Thomas Randolph, Earl of Moray, but against that statement there are the following facts : if King Robert (ac- cording to Lord Hailes 6) was born in 1274, and was eldest of his family, it is most improbable that Sir Thomas Randolph, who was a knight in 1306,7 could be the son of a woman born later, or even a year or two earlier than King Robert. But Isobel was certainly married to Eric, King of Norway, as his second wife; for on 20 September 1292 Robert de Brus, Earl of Carrick, with his daughter Isabella, 1 Morant's Essex. 2 Cal. Docs. Scot., ii. No. 1493. 3 Ibid., Nos. 1720, 1750. 4 Chancery Miscellaneous Portfolios, No. 11. Brit. Museum Add. MSS., 923. 6 Langtoft, ii. 336. 6 Annals, i. 219. 7 Cal. of Docs., ii. No. 1807. 434 BRUCE, EARL OP OARRIOK had a safe-conduct to go to Norway,1 and it was doubtless during his visit that the marriage was arranged. On 25 September 1293 certain articles of furniture, wardrobe, plate, regalia, crowns, etc., were delivered at Bergheim by the envoys of Robert de Brus, Earl of Oarrick, 4 for the use of the serene Lady Isabella de Brus, Queen of Norway,2 so that she must have been married to the King, Eric i. (whose first wife was the Princess Margaret of Scotland), between September 1292 and September 1293. Supposing Isobel to have been born about 1275, she would at this time have been only eighteen or nineteen years of age, and therefore unlikely to have been previously married. There is no foundation for the alleged second and third marriages of Isobel to an Earl of Atholl and an Alexander Bruce.3 7. Mary. She was taken prisoner in 1306 with her sister Christina, her sister-in-law Elizabeth, wife of King Robert, and her daughter Marjorie. They were confined by Edward's orders in * Kages ' in Roxburgh Castle,4 though the story that they were suspended in them outside the walls of the castle seems to be an exaggeration, as they had servants and other little comforts provided.5 She was still a prisoner at New- castle on 25 June 1312, fourpence a day being paid for her expenses,6 though negotiations had been going on for her exchange for some time before.7 Mary married, first, Sir Neil Campbell of Lochow, ancestor of the house of Argyll ; and second, about 1316, Sir Alexander Fraser, Great Chamberlain of Scotland, ancestor of the family of Philorth. She died before 22 September 1323.8 8. Christina, married, first, to Gratney, Earl of Mar, and secondly, to Christopher de Seton. She is described as widow of the latter on 15 March 1306-7, when she re- ceives threepence a day for her expenses, and a mark yearly for her dress during her imprisonment, she 1 Patent Rolls, Ed. I. M. 4. 2 Cal. of Docs., ii. No. 675. 3 Exch. Rolls, i. p. cxxxiv. 4 Cal. of Docs., ii. No. 1851. 6 Lang's Hist, of Scotland, i. 208. 6 Cal. of Docs., iii. No. 340. ? JM^ Nos. 131, 244. « The Fraser s of Philorth, by Lord Saltoun, i. 69-72 ; Robertson's Index, 17, No. 51. BRUCE, EARL OF CARRICK 435 having been taken captive along with her sister Mary.1 She was still a prisoner in 1314.2 After her release she married, thirdly, Sir Andrew Moray of Bothwell : a dispensation for his marriage, dated 12 October 1326, was granted by Pope John xxn., the parties being within the fourth degree of consan- guinity. In 1335 she made a gallant defence of her castle of Kildrummie against the Earl of Atholl and the English party, till relieved by Sir Andrew Moray and Sir William Douglas of Liddesdale. Fordun says 3 that she died in 1357, a statement which is borne out by the last mention of her in the Exchequer Rolls. 9. Matilda or Maud, married, as his second wife, to Hugh, Earl of Ross, about 1308, and died before 1329. 10. Margaret, married to Sir William de Oarlyle.4 They had a grant frdm Robert i. of the lands of Orunzanstoun.5 ROBERT DE BRUCE, 4le jeune Oomte de Carrick,' born 11 July 1274 ; he became Earl of Oarrick 27 October 1292, on his mother's death and father's resignation of the title. On the death of his father in 1304 he became Lord of An- nandale, and inherited the Garioch and other possessions in Scotland, certain lands in Durham, besides large English estates which came through his great-grandmother Isobel, daughter of David, Earl of Huntingdon. These estates were confiscated by Edward i. in 1306. Bruce also succeeded to the English Peerage of Baron Bruce. He was crowned King of Scots at Scone 27 March 1306, and died 7 June 1329. An account of the wives and children of Robert de Bruce will be found under the title Kings of Scotland.6 On his assuming the sovereignty of Scotland the earldom of Oarrick became merged in the Crown. EDWARD DE BRUCE, the immediate younger brother of Robert I., had a charter from that King creating him EARL OF OARRICK, with remainder to the heirs-male of his body.7 The date of this charter cannot be ascertained, but it was probably between 1 March 1312-13, when Edward Bruce is styled Lord of Galloway, and 24 October same 1 Cat. of Docs., ii. No. 1910. 2 Ibid., iii. No. 371. 3 Fordun a Goodall, ii. 369. 4 See ante, p. 375. 6 Crawfurd's Peerage, 66 ; Reg. Hon. de Morton, ii. 71. 6 Vol. i, p. 8. * Reg% Mag. Sig., fol. ed., No. 45, p. 10. 436 BRUCE, EARL OF OARRICK year, when he appears as Earl of Oarrick.1 Having been invited to expel the English from Ireland, he landed at Oarrickfergus with a large army, and after a successful campaign was crowned King of Ireland 2 May 1316,2 but was ultimately defeated and slain by the English at the battle of Dundalk, 14 October 1318.3 On 1 June 1317 a dispensation was granted by Pope John xxn. permitting the Earl of Oarrick to marry Isabella, daughter of William Earl of Ross, notwithstanding their being within the third and fourth degrees of consanguinity,4 but it is doubtful if the marriage actually took place. He had a son Alexander (see below) by Isabel of Atholl, sister of David de Strath- bogie, Earl of Atholl, his relations with whom caused a. quarrel between the two earls.5 He is generally said to have left three illegitimate sons, Robert, Alexander, and Thomas, who successively became Earls of Carrick, but this is a mistake. Robert never existed, or has been confounded with a son of King Robert of that name; Alexander did become Earl of Oarrick, as will be mentioned hereafter, but Thomas never held the title, while it is not certain that he was a son of Edward, though there can be no reasonable doubt that he was the progenitor of the Bruces of Clack- mannan.6 (See title Elgin.) DAVID DE BRUS, the elder son of King Robert i. by his second wife, Elizabeth de Burgh, was created EARL OF OARRICK previous to his marriage on 17 July 1328,7 when he was in his fifth year. He succeeded to the throne in the following year as David n. (See Kings of Scotland.) ALEXANDER DE BRUS was a son of Edward, Earl of Car- rick, by Isabel, sister of David, Earl of Atholl, though he cannot have been legitimate, otherwise he would have suc- ceeded to the earldom on his father's death. He had various charters from Robert i., some of them granted in 1 Charter to Arbroath in Gen. Reg. Ho., 1 March 1312-13 ; Antiquities of Aberdeen, etc., iii. 210. 2 Nat. MSS., ii. 16, No. 23; Scotichron., ii. 251 ; bk. xii. c. 25. 3 Fordun, Annals, 133, and other authorities quoted in Dunbar's Scottish Kings, 135, note 39. 4 Andrew Stuart's Genealogy of the Stewarts, 427. 5 Harbour's The Brus, Spalding Club ed., 311, 312. Barbour says Isobel of Atholl was Edward's wife, but this is doubtful. 6 Excli. Rolls, i. cxxxi. 7 Ibid., i. p. cxiii. ; Dunbar, Scottish Kings, 146, and authorities there quoted. BRUCE, EARL OF OARRIOK 437 the first instance to his mother.1 He married Eleonora, sister of the first Earl of Douglas, and was created EARL OF OARRIOK shortly before his death, which occurred at the battle of Halidon Hill in 1333.2 His widow married, secondly, James Sandilands of Oalder ; thirdly, William Towers of Dairy ; 3 fourthly, before October 1573, Sir Duncan Wallace of Sundrum, and fifthly,4 Sir Patrick Hepburn of Hailes. For the latter marriage there was a dispensation by Pope Gregory xi. dated 18 March 1376, on account of Agnes, the deceased wife of the said Patrick, having been in the fourth degree of consanguinity to Eleonora. CREATIONS. — Circa 1313, Sir Edward de Bruce, Earl of Carrick ; 1328, David de Bruce, Earl of Carrick ; circa 1332, Alexander de Brus, Earl of Carrick. ARMS. — The Bruces of Skelton bore, argent a lion rampant azure ; but when the family came north the Lords of Annan- dale bore, or a saltire and chief gules. Robert de Brus, first Earl of Carrick, jure uxoris, had a seal with the last- mentioned coat, and he had another in which the chief was charged with a lion passant. [j. B. P.] 1 Robertson's Index, 13, No. 90 ; 18, Nos. 65 and 83 ; 25, Nos. 15, 16, and 17. The designation of Isabella, Countess of Atholl, which occurs in one of these charters is an error ; in an independent MS. Index in the General Register House of Edinburgh she is styled simply Isobel de Atholia. 2 Exch. Bolls, i. p. cxxxii, and authorities there cited. 3 Ibid., 51. 4 Reg. Mag. Sig., folio vol. No. 37. VOL. II. 2 F STEWART, EARL OF CARRICK OHN STEWART, after- wards King of Scotland, under the title of Robert in., was the eldest son of Robert n. by his wife Elizabeth More, and was born about 1337. On 22 June 1368 he had a grant of the earldom of Oarrick to himself and his wife Annabella Drummond, and sat under the title EARL OF CARRICK in the Parliament at Perth 23 October 1370.1 Sub- sequent to his father's accession to the throne he obtained, 1 June 1374, a new charter of the earldom to himself and his wife Annabella in liferent and to the sons procreated or to be procreated between them in lee.2 He succeeded his father as King 19 April 1390, and the title again merged in the Crown. (See title Kings of Scotland.) DAVID STEWART, eldest son of King Robert in., was born 24 October 1378; he was probably created EARL OF CARRICK shortly after his father's succession to the throne, as he is styled ' Comes de Carrick ' in a charter to Sir David Lindsay of Glenesk 2 January 1390-91. 3 He 1 Acta Parl. Scot., i. 537. 3 Ibid., folio vol. 189, No. 21, Reg. Mag. Sig., folio vol. 108, No. 61. STEWART, EARL OF OARRIOK 439 was subsequently (28 April 1398) created DUKE OF ROTHESAY, and, 28 April 1398, got the earldom of Atholl by charter from his father on 6 September in that year.1 He married, in 1400, Mary, daughter of Archibald, third Earl of Douglas, and died without issue 26 March 1402. (See title Rothesay.) JAMES STEWART, third, but first surviving, son of Robert in. He had a charter from his father on 10 December 1404 of the earldom of Oarrick, together with the lands of the Stewart of Scotland, but for his life only ; these lands were erected into a Regality.2 He is generally designated, however, PRINCE or STEWARD OF SCOTLAND, probably considered a higher title than EARL OF CARRICK. On 4 April 1406 he succeeded to the throne as James i., and the title merged in the Crown. By Act of Parliament 22 November 1469 the earldom of Carrick was with other lands annexed 'ad jus et proprie- tatem nostre corone regis et principibus primogenitis nostris successoribus et ad usus proprios absque processu quocunque,'3 since which time the title has been an ap- panage of the eldest son of the King. [A. F. s.] 1 Exch. Rolls, iv. p. clxxi, and Harleian MSS., 4694-5. Cf. also Reg. Mag. Sig., fol. vol. 226, No. 13. 2 Old copy among Principality Charters in Gen. Reg. House. 3 Acta Parl. Scot., ii. 187. STEWAKT, EARL OF CARRICK OHN STEWART, was second surviving son of Robert, Earl of Orkney, an illegitimate son of King James v. He is not mentioned in the grant of the earldom of Orkney to his father 9 June 1585,1 the remainder being no- minatim to his brothers Henry, Patrick, James, and Robert and the heirs-male of each, James and Robert being ex- pressly called third and fourth sons. This omis- sion is curious, as when Patrick, Earl of Orkney, obtained a charter of the same earldom 1 March 1600,2 the remainder, after the heirs- male of his own body, is to his second brother John Stewart and his heirs* male, and on 14 February 1601, 3 John Stewart as Master of Orkney obtained a grant of the lands of part of Wester Tarbert pro bono servitio. He was acquitted in 1596 4 of the serious charge that he had, in 1593, consulted with Margaret Balfour, who had been executed as a witch, for the destruction of his brother Patrick, Earl of Orkney, by poisoning. It was said that he had conspired with his brothers James and William against the Earl's life. His servitor, Thomas Papla, captured with poison on him by the Earl, had also 1 Eeg. Mag. Sig. 2 Ibid. 3 Ibid. 4 Pitcairn's Criminal Trials, ii. 373-377. STEWART, EARL OF CARRICK 441 been executed, but as Margaret Balfour and Papla both left depositions that they withdrew their testimony, the former on the ground that it was forced from her by fear- ful torture, the prosecution failed. Douglas, quoting Oarmichaers Tracts (29), states that when he was created, on 10 August 1607,1 LORD KINCLAVEN, it was 4 without mention of aires.' In 1619 he got a licence to make and sell new kinds of earthenware vessels.2 He got a grant of the lands and mill of Orossregal and others 29 August 1616,3 part of the earldom of Oar rick, and was created by King Charles i., by patent dated 22 July 1628, EARL OF OARRIOK. This title was impugned when the Earl's procurator delivered the patent under the Great Seal to the Earl of Mar in Council; Sir Thomas Hope, the King's advocate, out of vii. 443, 458, we find, in the accounts of the succeeding year, two incidental allusions to ale that was brewed and drunk in Stirling Castle by Lord Kennedy at the time of, or immediately after, his arrest. VOL. II. 2 G 454 KENNEDY, EARL OF CASSILLIS that Lord Fleming unjustly withheld the lands of Lenzie from him, and the Sheriff of Dumbartonshire, Sir John Oolquhoun of that Ilk, was ordained to give possession to Lord Kennedy, which was done on 17 April 1466, and con- firmed on 27 April 1466. On 30 April 1466 Gilbert Lord Kennedy was infeft in the barony of Thankerton also.1 This barony was, however, still claimed by Robert Lord Fleming's grandson, John Fleming, 3 March 1489. Gilbert, first Lord Kennedy, frequently attended Parlia- ment, his last appearance there being on 6 March 1478-79. He apparently died soon after that date. He married, first, about 1440, Katherine, daughter of Herbert, first Lord Maxwell; secondly, Isabel, daughter of Walter Ogilvie of Lintrathen,2 widow of Patrick, Lord Glamis, by whom he apparently had no issue. She survived Lord Kennedy, and died in!484.3 His issue by his first wife were — 1. JOHN, second Lord Kennedy, of whom afterwards. 2. James, afterwards designed of Row. He is thought to be the first Laird of Baltersan. On the 27 Feb- ruary 1465-66 4 he obtained a gift of the marriage of Isabel Macdowell, daughter of a former Dungal Mac- do well, and heir of her brother Fergus Macdowell. In a charter dated the 15 May 1473 5 to him of the half of the barony of Glenstinchar, confirmed 17 May 1473, he is called filius carnalis of Gilbert, Lord Kennedy. His wife's name was Egidia Blair.6 She was still alive on 5 January 1515-16,7 and also apparently on 17 July 1516.8 3. Alexander Kennedy. 4. Gilbert of Orochba, Provost of the Collegiate Church of Maybole, who, it is said, had no issue. 5. Robert. 6. Walter Kennedy of Glentig, and parson of Douglas.9 1 Culzean Charters, Nos. 103, 104, 105, 154. 2 See vol. i. p. 112. 3 See her seal, Charters of the Friars Preachers of Ayr, 57, impaling the arms of her first husband and the arms of Ogilvie. Legend, « S. Isobelle Ogylve Due Glais: 4 Reg. Mag. Sig. 5 Culzean Charters, Nos. 112, 113, 114, 115, and Reg. Mag. Sig. 6 For her will see Crossraguel Charters, i. 92, and Alton's Survey of Ayrshire, Appendix L, 703 ; Blair of Blair in Douglas's Baronage. 7 Reg. Mag. Sig., 18 Jan. 1515-16. 8 Reg. Epis. Glasguen., ii. 526-528. 9 The sons of Gilbert, first Lord Kennedy, as above, are called in succession, in a charter by King James n. of date 23 Oct. 1455, Culzean Charters, No. 66, KENNEDY, EARL OF CASSILLIS 455 He is designed rector of Douglas, and brother of John, Lord Kennedy, in a charter granted by Archibald, fifth Earl of Angus (Bell-the-Cat), confirmed on 25 September 1498.1 By a charter dated 8 December 1504 he acquired Glentig from John Wallace of Glen- tig.2 On 7 July 1505 he had two charters from Andrew Graham of Knockdolian, by whom he is termed * meus consanguineus^ of lands of Strabracken and other lands, on resignation of John Wallace of Glentig.3 He was educated at the College of Glasgow, and appears to have been originally intended for the Church. He was incorporated in the College 1475, took his degree as Bachelor of Arts in 1476, and as a licentiate and Master of Arts in 1478.4 In November 1481 he was elected one of the four masters to act as examiners. * He was a poet, and is referred to by Gavin Douglas in his 4 Palace of Honour,' written in the year 1505, as 'Greit Kennedie.' He is most famous for the poem, in which he and Dunbar took part, called the 'Flyting of Dunbar and Kennedy.'5 There is, as a matter of fact, very little poetry in it, but a great deal of mutual abuse and boasting of their pedigrees. Kennedy calls himself 4Of the Kingis Blood his true speciall clerk.' In spite of his blood he was, according to Dunbar, a wild, boorish Celt. 4 Ersch Katherane with thy polk breig (speckled bag) and rilling.'6 From the 4 Flyting ' it appears that he resided for some time on the Continent, but at that time was living in Ayrshire. He acted for some time as bailie-depute of Carrick. Dunbar, in his l Lament for the Makars,' written between 1505-1508, speaks of him as lying at the point of death; but he seems to have recovered, and in 1510 he is mentioned 1 Reg. Mag. Sig. 2 Culzean Charters, 189. 3 Ibid., 192, 193. 4 See His- torical Account of Family of Kennedy, Edinburgh, 1849 (afterwards referred to as Family History), note p. 24; Reg. Univ. Glasg., ii. 86 and 94. 6 Small's Poems of Dunbar, ii. 16, i. 145. 6 Rilling means rough shoes made of undressed hides, and is particularly interesting in view of the fact that, as we have seen, nearly two hundred years before this John MacKennedy was called Captain of the Clan Muinntir cas dubh (people of the black feet), so called because, unlike other tribes, they wore the hairy side of their brogues outside. 456 KENNEDY, EARL OP OASSILLIS in a deed as parson of Douglas.1 Prom his son's infeftment, 18 June 1518, as his father's heir, it seems likely that Walter Kennedy died a short time before. He married Christian Hynd,2 and had issue four sons :— (1) Mr. Walter Kennedy, rector of Douglas. (2) Alexander Kennedy of Glentig, who married Janet Wallace,3 and had issue. (3) James. (4) David. 7. Ratherine, married, before 1459, to Alexander Mont- gomerie, grandson and heir of Alexander, first Lord Montgomerie,4 with issue. (See title Eglinton.) 8. Marion, contracted on 12 April 1459 to marry John, son and heir of William Wallace of Oraigie, and on 20 January 1465 to marry James, eldest son of Robert Lord Boyd, but it does not appear that she married either.5 II. JOHN, second Lord Kennedy, who succeeded, had already acquired various possessions, and had been twice married in his father's lifetime. He was called Lord Kennedy before his father's death in an instrument of sasine, in the barony of Dairy in pie, dated 12 April 1475 .6 He was bailie of Oarrick in his father's lifetime.7 It appears from the Exchequer Rolls that he acquired the five merk land of Traboyach by representing that his father had purchased it from the Earl of Buchan. On his father's death lie became Chamberlain of Carrick, Leswalt, Dundonald, Menybrig, and Barquhany ; and was a great deal burdened with having to pay off his father's arrears.8 He was lessee of Arran from 15 July 1480 to 16 August I486.9 Like his father he used to get into arrears with his accounts. He was fined for absence from the Exchequer in 1495.10 In fact he spent a good deal of his time getting 1 Culzean Charters, No. 241. 2 Ibid., No. 193. 3 See Pitcairn's Criminal Trials, vol. i., pt. 1, p. 138 ; Culzean Charters, No. 241 4 Cf. the Memorials of the Montgomeries, ii. 47, where their son states in October 1484 that he was not then twenty-four. 6 Culzean Charters, No. 76, and note in inventory, also No. 96, and Reg. Mag. Sig. Q Ibid., 118. 7 Exch. Rolls, vii. 646. 8 Ibid., ix. andx. passim. 9 Preface to Lord Treasurer's Accoimts i. 16. 10 Exch. Rolls, xi., Introduction, xlviii, and 348, 350. KENNEDY, EARL OF OASSILLIS 457 off fines imposed for some breach of the law or other. Among the remissions in the Ayrshire account of 1501 is one to Lord Kennedy, who had been assessed £4Q for refusing on two different occasions to receive into ward in his castle of Cassillis and Dunure, when required to do so by the coroner, certain delinquents. In 1497- 98 he furnished a small ship for the King's service, de- scribed as Lord Kennedy's ' pykkert.' l He is a witness to royal charters by King James in. in 1482 and 1487- 88,2 and he was one of the conservators of the three years' truce drawn up at Nottingham 21 September 1484. On 18 April 1485 3 he was one of the eight Scots commissioners who got safe - conduct to go to Eng- land, apparently for drawing up terms of peace. He was appointed envoy to Henry vn. to conclude a truce for three years, at London 3 July I486.4 On 12 February 1505 he acquired the lands of Coifl and other lands from Gilbert Kennedy of Coiff.5 He was still alive on 24 July 1508, as he is then mentioned as being in possession of Traboyach. He died between 24 July 1508 and 23 May 1509.6 John Lord Kennedy married, first, before 25 March 1459- 60, Elizabeth, second daughter of Alexander, first Lord Montgomerie, as he had a charter on 25 March 1460, to himself and Elizabeth Montgomerie his wife.7 He married, secondly, Elizabeth, daughter of Alexander, Earl of Huntly, and widow of Nicholas, Earl of Erroll. He married her before 30 June 1471, when he resigned certain lands in her favour.8 She died 17 April 1500, and was buried at Cupar. He appears to have mar- ried a third wife, Elizabeth Kennedy, who survived him and married a William Power, as on 7 May 1533 she is named as the wife of Power and the relict of the late John, Lord Kennedy, in an action as to certain contracts about her terce.9 Lord Kennedy had issue : — 1. DAVID, who succeeded as third Lord Kennedy. 2. Alexander Kennedy of Girvanmains, son of second 1 Lord High Treasurer's Accounts, i. 378. 2 Reg. Mag. Sig., 23 March 1487-88 and 19 October 1488. 3 CaL Docs. Scot^ iv. Nos< 1505, 1520, 1521. 4 Ibid. 6 Culzean Charters, Nos. 201-203. 6 Exch. Rolls, xiii. 41 ; Culzean Charters, Nos. 215, 216. 7 Reg. Mag. Sig. 8 Jbid., 12 July 1471 9 Ada, J)oin. Cone, et Sess., ii. 159. 458 KENNEDY, EARL OF OASSILLIS marriage.1 He had from his father, on 31 July 1481, two charters of the lands of Girvanmains and Mackil- evinstoun and others.2 He was also granted by his father on 11 March 1487-88, the barony of Leswalt, confirmed by King James iv. 24 January 1488-89,3 and on 21 February 1499-1500 he had a charter to himself from James iv.4 of this barony, which he after- wards, on 30 March 1506, 5 handed over to his eldest brother David, who got a charter of them that day on Alexander's resignation. Besides two bastard sons Alexander and George, who were granted legitimations by James v. 6 July 1542,6 Alexander had a son Hugh, who, as Sir Hugh Kennedy of Girvan- mains, was rather a prominent person during the reign of Queen Mary. He was the ancestor of the Kennedys of Girvanmains, which estate was sold in 1694 to a cadet of the Kennedys of Bargany. The Kennedys of Pinwherry and Monunshion were derived from Girvanmains. 3. John (of second marriage), who is called in two charters of 31 July 1481 by John Lord Kennedy to his son Alexander Kennedy of Girvanmains, confirmed the same year.7 The only other certain mention of this son is a remission on 23 November 1508 to John Kennedy, son of John, Lord Kennedy, for horse- stealing, felony, and reset of rebels.8 4. William, also named in the charters of 31 July 1481 cited above by John, Lord Kennedy, to his second son Alexander Kennedy. 5. Katherine (by first marriage), married, contract 15 Sep- tember 1465, 9 to Thomas, eldest son of Gilbert Kennedy of Bargany, by whom she had issue. From a confirma- tion of the 24 January 1488 10 it appears that she had the lands of Dalfask, Trower, and Mackowanstown.11 1 For his signature on 8 January 1515, see Reg. Epis. Glasguen., ii. 525 ; Cul. Charters, No. 136 (copy Charter). 2 Reg. Mag. Sig., c. 11 August 1481. 3 Cul. Charters, No. 141 (original). 4 Reg. Mag. Sig., 1499-1500 ; Cul. Mun., 169. 5 Ibid., 1506. 6 Ibid., 1542. 7 Culzean Charters, No. 136 (copy); Reg. Mag. Sig., 1481. 8 Robertson's Ayrshire, i. 6 (from Pitcairn's Criminal Trials). 9 Culzean Charters, No. 91, and Reg. Mag. Sig. 10 Reg. Mag. Sig., 1488. n There is on record a charter, dated 24 February 1472-73, by James in. in favour of John Wallace and Katherine Kennedy his spouse, of the lands of Thornlie and others. Family History, p. 27 n. KENNEDY, EARL OF OASSILLIS 459 6. Elizabeth (by second marriage), married to Sir William Colville of Ochiltree, but the marriage was dissolved on the ground of consanguinity before August 1498. She had a daughter Elizabeth, whose legitimacy was challenged, but unsuccessfully.1 7. Janet (by second marriage), who had a very romantic and chequered career, but only the main points can here be stated. In 1492 she was betrothed to Alex- ander Gordon, son and apparent heir of John Gordon of Lochinvar, and on 17 July of that year her father paid 200 merks towards her tocher. On 25 Septem- ber 1497, however, the marriage was still uncom- pleted, as Alexander Gordon declared himself willing to fulfil his part.2 But shortly afterwards, in 1498,3 she was contracted, or, according to a statement by herself, married, to Archibald, fifth Earl of Angus, though she is nowhere described as Countess of Angus, and she had charters from him of various lands, including the lordship of Bothwell, and she is frequently styled Lady Bothwell.4 But in or about 1499 she became the mistress of King James iv., and had issue by him in 1500 a son, James, created Earl of Moray. (See that title.) The King settled Dar- . naway Oastle upon her, so long as she remained unmarried. Before March 1504-5 this condition ap- pears to have been infringed, and on 6 November 1505, and also on the 28th, she is referred to in civil actions as spouse of Sir John Ramsay of Trarinzean,5 who had been created Lord Bothwell by King James in. (See that title.) But they were separated before February 1507-8, when he had another wife. She founded a prebend in 1531 in the church of St. Mary's in the Fields (the celebrated Kirk of Field, after- wards fatal to Darnley) for the welfare of Archibald, Earl of Angus, her husband, and she was still alive in December 1543.6 8. Margaret (by second marriage), married before 4 Feb- 1 Ada Dom. Cone., xiii., ff. 19, 20; Liber Officialis S. Andrea, 40; MS. 80. 2 Protocol Book of James Young, City Chambers MS., iv. vii. at dates. 3 Reg. Mag. Sig. 4 Douglas Book, ii. 107, 108. 5 Exch. Rolls, xii. 44 ; Protocol Book of James Foular, Edinburgh City Chambers ; Ada Dom. Cone., xxvi. 19. c Reg. Mag. Sig., 1 August 1545. 460 KENNEDY, EARL OP OASSILLIS ruary 1499-1500, to Andrew, Lord Avandale. On 7 March 1501-2 Lord Kennedy was decerned to pay £100 Scots to Lord Avandale in terms of the marriage- contract with his daughter.1 9. Helen (by second marriage), married, first, to Robert Graham of Knockdolian, who died in 1528,2 leaving issue a daughter, Janet, married to James Eccles of that Ilk, and another daughter, Margaret ; secondly, apparently before December 1531, to Adam Boyd of Penkill,3 third son of Alexander Boyd, second son of Robert, first Lord Boyd, by whom also she had issue, being ancestress of the Boyds of Penkill and Trochrig. III. DAVID, third Lord Kennedy. He was knighted 29 January 1487-88 when James, second son of King James in., was made Earl of Ross.4 On 9 July 1489 he and his wife got a charter of lands of Balgra, Auchentibbir, Pacokbank, and other lands of Ounninghame, on resignation of his father John, Lord Kennedy.5 The same day he was granted the bailiary of Oarrick, and appears as bailie of Carrick in that year and afterwards.6 He was a witness to charters by the Earl of Angus to his sister Janet in 1498 of lands of Braidwood and Crawford Lindsay.7 On 17 February 1501-2 he got a charter from James iv. of the lands and baronies of Oassillis and Dunure,8 and on 30 March 1506 he got the lands and barony of Leswalt on the resignation of his brother Alexander Kennedy.9 He also had a charter, 28 January 1506-7 of the 4 merk land of Makbhardstown (Balvaird) in Oarrick. He was created EARL OF OAS- SILLIS between 22 and 24 October 1509. On the first date he is styled Lord Kennedy, and on the second date Earl of Oassillis in the Sederunts of the Lords of Council.10 The reason of this elevation seems to be that he had just mar- ried his second wife, Margaret Boyd, widow of Alexander, 1 Reg. Mag. Sig. , 4 February 1499-1500 ; A eta Dom. Cone. , xi. 101. 2 Exch. Rolls, xvi. 520. 3 Acta Dom. Cone, et Sess., vi. 79. 4 Records of Parlia- ment, 325. 5 Culzean Charters, No. 150 (original), and No. 152 ; Reg. Mag. Sig., 1489. 6 Culzean Charters, Nos. 149 and 151 (original) ; Reg. Mag. Sig., 1489. 7 Reg. Mag. Sig., 24 July and 25 Sept. 1498. 8 Culzean Charters, Nos. 179-182 (originals except No. 181); Reg. Mag. Sig., 1501-2. 9 Reg. Mag. Sig., and Agnew's Hered. Sheriffs of Galloway, 103 and note, and 131. 10 Acta Dom. Cone., xxi. 3. KENNEDY, EARL OF CASSILLIS 461 fourth Lord Forbes, and daughter of Thomas Boyd, Earl of Arran, a niece of James in. and a first cousin of James iv. (See titles of Forbes and Erroll.) David, first Earl of Cassillis, fell at Flodden on 9 Sep- tember 1513.1 He was twice married, his first wife being Agnes Borthwick, daughter of William, Lord Borthwick, who is named in the charter of 9 July 1489 above cited.2 He married, secondly, about 9 August 1509, Margaret Boyd, already named as widow of Alexander Lord Forbes.3 She survived the Earl, and had a dispute with her stepson Gilbert, second Earl, as to which she appealed on 9 February 1515-16.4 The first Earl had no issue by his second marriage. By his first wife, Agnes Borthwick, he had issue : — 1. GILBERT, second Earl of Cassillis. 2. William, Abbot of Orossraguel, 1520-47. His election in 1520 was not recognised by the Abbot of Paisley.5 He was a good and great Abbot. During the twenty- seven years of his regime he was eight times present at the national Parliament.6 He was also a member of the Privy Council.7 Besides the Abbacy of Cross- raguel, he held for many years the Commendatorship of the Abbey of Holywood,8 and he was an intimate friend of Gavin Dunbar, Archbishop of Glasgow, and of Henry, Bishop of Galloway. On the assassination of his brother Gilbert, second Earl, in 1527, he acted tutor and guardian to the young Earl, his nephew, for eleven years. On 8 April 1530, he obtained a royal licence or safeguard to pass to France and other places beyond seas on his pilgrimage to Rome.9 He must have returned before 13 May 1532, because he attended the Parliament of that date, which in- stituted the College of Justice.10 On the 30 September 1534 he leased the parsonage fruits of the church of 1 Culzean Charters, No. 321. 2 Reg. Mag. Sig. 3 Ibid., 11 August 1509. She had been described as Grisel Boyd, but appears in Cul. Charters, No. 229, and the Great Seal as Margaret, and also in the Papal Dispensation (Diocesan Reg. of Glasgow, ii. 320). * The Boyd Papers, Arch. Coll. of Ayr, etc., iii. 159. 5 Crossraguel Charters, i. Preface, xxxv et seq. and 68. 6 Ada Parl. Scot., ii. 308, 321, 335, 339, 409, 410, 468, 470, 471, 598. 7 P. C. Reg., i. 23, 33, 53, 60, 67. 8 Crossraguel Charters, i. 79; Cul. Mun., 281, also 268, 272, 273, 280. 9 Pitcairn, Crim. Trials, i. 245 ; Crossraguel Charters, i. 91. 10 Ada Parl. Scot., ii. 335. 462 KENNEDY, EARL OF OASSILLIS Straiten to James Kennedy of Blairquhan.1 On the Earl attaining his majority the abbot was released from his tutorship, 27 February 1539.2 He was appointed a Commissioner for holding Parliament after the battle of Solway Moss, and he voted for Arran as governor of the kingdom.3 It was doubtless a sense of the insecurity of the times that prompted Gavin Dunbar (Archbishop of Glasgow) to make a will whereby all his treasures and personal effects were deposited in the hands of his friend the Abbot of Orossraguel.4 The archbishop's will, confirmed 31 May 1548, discloses the fact that an enormous quantity of wealth was intrusted to the abbot's keeping. Richly embroidered vestments, gold and silver goblets, jewels of the rarest kinds, a valuable library, and nearly £4000 in money, formed the nucleus of the prelate's property, and the intrusting of such to the care of Abbot William shows the high estima- tion in which he was held by Gavin Dunbar. In the winter of 1546 he was at St. Andrews, busily con- cerned with the domestic affairs of his abbey ; 5 and on 1 May 1547 he was present at the last Parlia- ment of his life, He had spent his life well in the service of his monastery, his country, and his church, and in an age when the lives of all the Scottish prelates were not perhaps emblems of perfection, it is notable that not a breath of slander sullied the fame of William Kennedy. He was also a loyal clansman. The abbot died before 1 January 1547-48, the date on which the election of his successor, Abbot Quintin, was confirmed.6 The Archbishop of Glasgow died April 1547,7 so William must therefore have lived long enough to have taken possession of the goods and money left to him, and to have trans- ferred the property to the Earl of Cassillis and the Rector of Stobo. 1 Culzean Charters, No. 324. This is the first actual lease in the Culzean Papers. 2 Culzean Charters, No. 382 ; Crossraguel Charters, i. 99. 3 Acta Parl. Scot, ii. 409. 4 Crossraguel Charters, i. 100-101; he quotes from a MS. in possession of Sir William Dunbar of Mochrum. 5 Ibid., i. xl. 101. 6 Protocol Book of Mr. Henry Prestoun, f . 6. 7 See Beg. Epis. Glasguen, and note to Crossraguel Charters, i. 108, KENNEDY, EARL OF CASSILLIS 463 3. James,1 of Brunston, witnessed a contract between Gilbert, third Earl, on the one part, and William, Abbot of Crossraguel, and James Kennedy of Blair- quhan on the other part, on the 28 May 1528 ; 2 and it is most likely that he is the Mr. James Kennedy, chamberlain to the Earl of Cassillis, who with his brother, Abbot William, made a contract, dated 29 January 1528-29, with Isabel Campbell, widow of the second Earl, with regard to the fruits of the church and parsonage of Maybole.3 He acted as bailie of Oarrick 1534-42. He is called in entail of 6 February 1540-41. 4 He apparently had issue. 4. Thomas of Ooiff, is one of those called in the entail of 6 February 1540-41. 5 He was a hostage in England, 1543-45 for his nephew, the third Earl of Cassillis,6 and suffered greatly from his nephew's neglect. He was still alive 8 April 1569. His wife in 1527 and 1534 was Helen Campbell, daughter of Archibald, second Earl of Argyll (vol. i. 337), and widow of Sir Gavin Kennedy of Blairquhan.7 He also married Catherine, daughter of Thomas Corry of Kelwood.8 He had issue. 5. Katherine, married, first, contract 4 October 1510,9 to Quintin Mure of Aird, who is mentioned in a precept of sasine 7 January 1510-11 for infefting him and Katherine Kennedy, his wife, daughter of the Earl of Cassillis, in the lands of Kilmore.10 By him she had one daughter, called Margaret, married, first, to Neil Montgomery of Lainshaw ; secondly, to John Kennedy of Skeldon. Katherine Kennedy was married, secondly, in or before 1518,11 to William Hamilton of Sorn and Sanquhar; who with his wife is mentioned also in later charters, including one of 1533. 1 Described as brother of the late Gilbert, Earl of Cassillis, on 1 February 1527-28, Prot. Book, Gavin Ross, ii. 19a. 2 Crossraguel Charters, i. 82; Cul. Charters, No. 288. 3 Crossraguel Charters, i. 83 ; Cul. Charters, Nos. 289, 290. 4 Note to Keg. Mag. Sig. ; Cul. Charters, No. 403 ; Eeg. Mag. Sig., 6 Feb. 1540-41. 5 Cul. Charters, No. 403, and Eeg. Mag. Sig., 1540-41. 6 Letter, State Paper Office, 19 Jan. 1542-43. 7 Ada Dom. Cone., xxxvii. f. 108; Acta Dom. Cone, et Sess., v. f. 68. 8 Culzean Charters, Nos. 563, 566. 9 Acts and Decreets, xix. f. 352. 10 Culzean Charters, Nos. 222, 223, 11 Protocol Book of Gavin Ross. 464 KENNEDY, EARL OF CASSILLIS 6. Christian, married to John Kennedy of Guiltree.1 She had issue a son John.2 IV. GILBERT, second Earl of Oassillis, succeeded his father in 1513. In 1516 he was appointed by the Bishop of Galloway bailie of all the lands belonging to the bishopric in Galloway, and captain and keeper of the manor-place and loch of Inch.3 He was ambassador to England 1515- 16,4 and on 14 November 1516, out of special favour towards him, James v. erected the town of Maybole into a free burgh of barony.5 On 5 January 1515 he sold Egidia Blair, widow of James Kennedy of Row (his great-uncle) an annualrent of lands belonging to Dunure, of the value of £10, to found a chaplainry at Maybole, with reversion of patronage thereof to himself.6 His name frequently occurs in the Exchequer Rolls of the period as Chamberlain of Oarrick, Leswalt, and Menybrig.7 On 23 September 1514 he got sasine of lands of Balmaclannochan (Kilkerran) in Oarrick, with tower and fortalice thereof. He and the Lords Erskine, Borthwick and Moray, and Fleming acted at different times as custodians of the person of the young King James v. ; and in the Earl's account as Chancellor of Galloway, rendered 17 March 1523, £150 is paid to him as salary, assigned to him by Act of Parliament for remaining with the King three months.8 On 15 June 1523 the Earl had a Commission of Justiciary as bailie of Glenluce, the jurisdiction extending over the barony of Glenluce for three years, and further at the King's pleasure.9 He acted more than once as ambassador, as in 1525 £160 is assigned to him, and like sums to the other ambassadors. He and the Bishop of Dunkeld had been appointed by Parliament as ambas- sadors to England 10 on 19 November 1524. In 1525 he was tried for the murder of Martin Kennedy of Lochland, but was acquitted through the influence of his brother-in-law, the Earl of Argyll. He was, on 30 October 1526, dis- charged of all points of treason for being present at the 1 Culzean Charters, 28 May 1526. 2 She is called in Historic of the Kennedyis Lady Altyre, which seems to be a mistake for Guiltree. 3 Culzean Charters, No. 239. 4 Rot. Scot., 582a. 5 Reg. Mag. Sig. 6 Ibid. 1 Exch. Rolls, xiv. and xv., pp. xiv, 597. 8 Ibid., xv. pp. vii and 18. See Tytler (Eadie's ed.), ii. 194 and xv. pp. Ixvii and 614. 9 Ibid,, xv. 614, 1° Acta Parl, Scot., ii. 281 et seq. KENNEDY, EARL OF CASSILLIS 465 battle beside Linlitligow, and aiding and abetting the late Earl of Lennox in his unsuccessful attempt to rescue James v. from the Angus faction.1 The Earl's lands were forfeited and given to the Earl of Arran, but he never seems to have occupied them. Like most chiefs of the period, he had to provide surety for many of his followers concerned in crimes, and he several times compounded for the fines which they incurred.2 The Earl was in Edin- burgh on 24 August 1527,3 and in the following month he was assassinated by Sir Hugh Campbell of Loudoun, Sheriff of Ayr, at Prestwick, probably when holding Court there.4 For this murder revenge was taken by the Kennedys according to an oath traditionally said to have been taken by the clan under the dule-tree of Cassillis.5 The Sheriff was outlawed on 5, October 1527, and other Campbells as well as Crawfords were punished, and on November 13, 1527, many others suffered for intercommuning with them. It appears that the Sheriff was a supporter of the Angus faction. The second Earl of Cassillis married Isabella, second daughter of Archibald, second Earl of Argyll,6 and by her, who was living in 1529, had issue : — 1. GILBERT, third Earl of Cassillis. 2. Thomas, who is named as a hostage in England, 1543- 45, for his eldest brother. He died before 2 November 1560.7 According to some accounts he was slain at the battle of Pinkie. 3. David Kennedy of Culzean, who appears in an assize for valuation of certain lands in Wigtownshire 17 December 1556, and as bailie depute of Carrick 1557- 58.8 He was one of the hostages for the Earl in England 1543. He was alive 19 January 1562, when he witnesses a contract between Quintin, Abbot of Crossraguel, and Sir Hugh Kennedy of Girvanmains, as to salmon fishings in Girvan.9 He got a charter of the lands of Culzean from his brother, Earl Gilbert, dated 30 September 1542, and confirmed by James v. 1 Ada Part. Scot, ii. 317a. 2 Robertson's History of Ayrshire, 6. 3 Reg. Mag. Sig. 4 Protocol Book of Gavin Ross, MS., ii. f. 8a. 6 Robertson's Early Ayrshire', Pitcairn's Criminal Trials, 7. 6 Reg. Mag. Sig., 6 July 1535. 7 Culzean Charters, No. 588. 8 Reg. Mag. Sig. 9 Crossraguel Charters, i. 136. 466 KENNEDY, EARL OF OASSILLIS 1 October 1542.1 He married Janet, daughter of Duncan Kennedy of Daljedburgh, was infeft in Dal- quharran,Daljedburgli,2 and had issue three daughters, Margaret , Egidia, and Katherine. The daughters' names and their husbands are mentioned as heirs- portioners of their father in the summons of declara- tor dated 2 February 1590,3 at the instance of David M'Gill against the Earl of Oassillis and others. 4. Quintin, Abbot of Orossraguel. He was the churchman who publicly disputed with John Knox at Maybole for three days on the subject of the sacrifice of the mass,4 for which service he was not canonised, as some say.5 He was educated at St. Andrews (1540). He completed his studies in Paris, and was a friend of John Davidson. His uncle, Abbot William, on his return appointed him Vicar of Girvan, and on the death of his brother Thomas at the battle of Pinkie he was presented to the benefice of Pen- pont ; but Mackenzie is wrong in saying he was Prior of Whithorn.6 He succeeded his uncle William as Abbot of Orossraguel. His election as abbot was confirmed by the Father Abbot of the Oluniac order in Scotland on 1 January 1547-48 ; on 1 Feb- ruary following he was formally put in possession of the monastery,7 and then discharged the Earl of Oassillis of all sums of money, goods and gear, including those belonging to the late Abbot William, intromitted with by him during his guardianship. On 28 January 1547-48 he resigned the office of Parish Olerk of Oolmonell in favour of his younger brother Hugh.8 He was thrice present in the Privy Council 1548, after the defeat of the Scots at Pinkie.9 He wrote many learned and religious books,10 and he did his utmost to defend his monastery on establishment 1 Culzean Charters, Nos. 432, 434, 436. 2 For inf ef tment in Culze an, 1 Oct. 1542, see Reg. Mag. Sig. 3 Culzean Charters, No. 991. 4 De Rebus gestis Scotorum, Leslaeus, 540, John Knox's account. 5 He has been confused with St. Kinetus of Eremita of the sixth century. 6 Mackenzie's Lives of Scots Writers, 60. Gift by him to Earl of Cassillis of the non-entries of Knockgarron and Altichappel ; Cul. Mun., 519 ; Crossraguel Charters, i. 105-107, 19 May 1548; Ibid., i. 103; Cul. Charters, No. 516. 7 Protocol Book of Henry Prestoun, f. 6. 8 Protocol Book of Henry Prestoun, f. 4. 9 P. C. Reg. , iii. 60-67. 10 For list of his works see Crossraguel Charters, i. 42. KENNEDY, EARL OP CASSILLIS 467 of the Reformed Religion in 1560. x He was, together with the Earls of Cassillis and Eglinton, and many others, parishioners of Maybole, Girvan, Kirkoswald, and Dailly, condemned by the first General Assembly of the Reformed Church, 27 December 1560. He challenged Willock to a controversy at Ayr in 1559,2 and sent a whole cartload of books to the market- place there, to overwhelm him. Willock waited till ten in the morning for his opponent, who on his arrival found the preacher flown, and nailed a protest to the market cross. Abbot Quintin died at Crossraguel 22 August 1564.3 There is no authority for the statement that he met his end by poison. 5. Archibald, exempted from process so that he might go to France'with his brother Gilbert, third Earl of Oassillis, and Sir Hugh Kennedy of Girvanmains.4 6. Hugh of Barquhany, married Katheriiie Bailey, with issue.5 He was apparently living in 1578.6 He had issue. He is mentioned in the Historic of the Ken- nedy is as helping the Earl of Cassillis to conquer Glenluce Abbey. As appears from confirmation, dated 4 February 1555-56, of a charter by Malcolm M'Kee of Craighlaw, he bought the four merk land of Camquhart, in barony of Loncastell, in Wigtown- shire. He had a town house in Maybole, 1574. 7. James Kennedy of Uchtrelure, married Agnes John- stone before 10 February 1560.7 They had two daughters, heirs-portioners.8 He was alive on 19 January 1562, but he died before 17 August 1572.9 8. A daughter married to Thomas M'Glelland of Bomby.10 1 Crossraguel Charters, i. 124, 125, and Books of the Universalle Kirk of Scotland, pt. i. p. 5. '2 M'Gavin's Life of Knox, 529. 3 Crossraguel Charters, i. 139, 140 note, and 177-178, and Davidius Camerarius Scoticc de Scotorum Fortudine, 168, 277, Paris, 1631. 4 12 December 1552 ; P. C. Reg. of Scotland, i. 135. 6 See Crossraguel Charters, ii. 13, 14, 17, 19, and 20, 35 ; and Cul. Charters, No. 807. Ibid., 590, shows that as one of the bailies there he was merely charged to give sasine; Reg. Mag. Sig., for trial and sentence of him and David Kennedy and two hundred others, 30 July 1551, for celebrating mass at Kirkoswald and Maybole, April 1563 ; see Robertson, i. 16 ; Reg. Mag. Sig., see App. and P. C. Reg. 214 and 226. 6 Cf. Reg. Mag. Sig., 8 November 1578. 7 Reg. Mag. Sig. 8 Cul. Charters, No. 594, see also 591, 2 November 1560. 9 Reg. Mag. Sig., 18 February 1577. 10 Culzean Charters, No. 399 and note. 468 KENNEDY, EARL OP OASSILLIS 9. A daughter contracted to (Thomas), eldest surviving son of Alexander Kennedy of Bargany.1 10. Helen, married, before 1549,2 to William Adair of Kinhilt. On 24 November 1571 they were infeft by Lord Oassillis in the lands of Larg-Stewart and others in Wigtownshire.3 Janet Kennedy, wife of Fergus M'Dowell of Freugh, is also said by the Historie of the Kennedyis to be another daughter.4 V. GILBERT, third Earl of Oassillis, was born in 1515, and was served heir to his father 14 October 1538. He was educated at St. Andrews, and was in 1528, though only a lad of thirteen, compelled to sign the death sentence of Patrick Hamilton, Abbot of Ferae, who was burned at St. Andrews for heresy.5 He succeeded his father as Orown Chamberlain of Oarrick, Leswalt, and Menybrig, and his accounts as such appear between the years 1528 and 1556-57.6 He received numerous charters and grants of land, as well as commissions of bailiary and justiciary. He was a man of affairs, and attended the Parliaments of Scotland with considerable regularity from 1535 to the close of his life.7 He was a pupil of the celebrated Mr. George Buchanan, afterwards tutor of King James vi., and with him, who had a high esteem for the Earl, travelled abroad for some years, returning to Scotland in May 1537. A few years later he resigned his estates of Oassillis and others in the hands of King James v., who on 6 February 1540-41 gave him a series of regrants to himself, his wife, and the lawful heirs-male of his body, with destination to his brothers Thomas, David, Quintin, Archibald, Hugh, and James successively, and the heirs- male of their bodies, whom failing, to James Kennedy, their uncle, then to Thomas Kennedy of Ooiff, their uncle, then to Hugh Kennedy of Girvanmains, William Kennedy of Glentig, Alexander Kennedy of Bargany, and James 1 Culzean Charters, No. 283; Family Hist., 33. 2 Acts and Decreets, xlvi. f. 178. 3 Cul. Charters, Nos. 772 and 773 ; see Balfour MS. ; see Eeg. Mag. Sig. for other charters ; Cul. Charters, No. 606 ; Milne, 34, 6, 12, p. 296. 4 Cf. Reg. Mag. Sig., 13 November 1546 ; 6 September 1548. These ladies may have been previously married to Thomas M'Clelland and Thomas Kennedy. 5 Knox's History, 318. 6 Exch. Rolls, xv. 414 ; xix. 21, passim. 7 Acta Parl. Scot., ii. passim, between 1535 and 1558. KENNEDY, EARL OF OASSILLIS 469 Kennedy of Blairquhan, all successively, and to the heirs- male of their bodies, whom all failing to the Earl's own nearest heirs-male whomsoever.1 The Earl was one of the Scottish nobles taken prisoner at the Rout of Sol way Moss 24 November 1542, and was committed to the custody of Archbishop Oranmer, by whom it is said he was converted to Protestantism. In June 1543, after the death of King James v., he was set free, at a ran- som of £1000,2 having signed or consented to a bond binding him and others to forward the schemes of the English King to become overlord of Scotland, and to obtain possession of the young Queen. The efforts of the Earl to carry out this agreement, in conjunction with the Earl of Angus and other prominent Scottish nobles, though persisted in by him for a time, failed to produce the desired effect. Their intrigues are well known to history, as well as the divided counsels and treachery which marred their statesmanship, though it is certain that the Scottish nation would never have consented to the arrangement proposed. Cardinal Beaton on this point was the true representative of Scottish opinion, and so early as April or May 1545 his assassination was freely spoken of. In May 1545 Cassillis made an offer to the English council to have the Cardinal assassinated, and received the reply that ' the King did not mislike the offer,' while Crichton of Brunstane, a former instigator of Beaton's murder, and the Earl, are found using the same cypher, which Crichton had arranged with the English agents. The Earl's desire as to the cardinal's destruction, however, seems to have cooled at a later date, but the English party in Scotland, including the Earl, cannot be absolved from double dealings towards both countries. Hertford's invasions in 1544 and 1545 had no effect, and the cardinal's murder, which did take place on 29 May 1546, also produced no change in the situation. In the taking of St. Andrews Castle which followed the siege of 1547, a register was found of those noblemen and gentle- men who had secretly bound themselves to the service of England. Among these was the name of Cassillis, although in August 1546 he had sworn allegiance to 1 Reg. Mag. Sig., at date. 2 When in 1545, he went to London, to obtain release of his hostages, it appears he was discharged of this ransom. VOL. II. 2 H 470 KENNEDY, EARL OF OASSILLIS Arran's government and apparently approved of the dissolution of the English marriage. As one result of the discovery of the book, a correspondent on 10 August 1547 wrote to the Protector Somerset that Oassillis and other English partisans were in danger unless the advance of the English army was hastened. The battle of Pinkie and defeat of the Scots appears to have altered the position, and later in January and February 1547-48 the Earl was taking part with Arran against the English.1 The Earl, while engaged in these public plots, was not unmindful of his own interests. After his return from captivity in England, he in August 1543 strengthened his position in the home country, by obtaining a bond of man- rent from Hugh Campbell of Loudoun, containing the usual offers of service in terms of a reconciliation between the parties, made, it is said, at the request of the King of England and of the Governor and Council of Scotland.2 Later the Earl took part in a dispute with Andrew Agnew, Sheriff of Wigtownshire, as to the rights of jurisdiction over the territories of Glenluce Abbey, in the course of which he trespassed on the abbey precincts with an armed force. The matter was settled by Cassillis being allowed to use his office of bailiary, but not to deal with the abbey rents, etc.3 The Earl was appointed Lieutenant of the South in December 1548, and on 20 April 1550, owing to the peace with England and the recovery of the fortresses, he was thanked for his services, and relieved from the office.4 He was one of those who accompanied the Queen-mother, Mary of Lorraine, on her visit to the French Court in September 1550, when he was made a Knight of the Order of St. Michael. In the following year, or in March 1551-52, he was appointed one of the Scots Commissioners for the settlement of the Debateable Land.5 In December 1552, he was Lieutenant-general of the Army ordained to assist the French King, and as an officer on foreign ser- vice had special immunities from legal actions during his absence.6 In 1554, he was appointed Lord High Treasurer of Scotland, a post which he held till his death.7 In 1557, 1 Cat. of Scot. Papers, i. Nos. 33, 129, 164. 2 Culzean Charters, No. 448 ; Hamilton Papers, ii. 5. 3 P. C. Reg., i. 3, 4, 7, 42. 4 Ibid., 98, 99. 5 Ibid., 119-121. 6 Ibid., 134, 135. 7 Reg. Mag. Sig.\ Lord High Treasurer's Accounts, MS. KENNEDY, EARL OF CASSILLIS 471 he was one of those who resisted a proposed invasion of England, and in June of that year he declared to Lord Westmoreland, one of the English Commissioners, that he would not be French, and that the Scots ' would dye every mother's sonne of us ' rather than be subject to England.1 The Earl was one of the Scots Commissioners appointed by the Parliament of 14 December 1557, and sent to France to negotiate Queen Mary's marriage with the Dauphin, and as such was a party to the marriage-contract at the Louvre on 19 April 1558, but was one of the commissioners who met with a mysterious death at Dieppe on their way home. They had refused to consent to the proposal that the Crown-Matrimonial of Scotland should be granted to the Dauphin, and it is supposed they were poisoned. The Earl is said to have died on 28 November 1558, but the exact date is not known, though it was reported in Scotland between the 29 November and 5 December 1558.2 He is described as 4 ane particular manne, and ane werry greidy manne, and cairritt nocht how he gatt land so that he culd cum be the samin.' 3 The Earl married Margaret Kennedy, daughter of Alexander Kennedy of Bargany, after the death of her first husband, William Wallace of Craigie, between 1539 and 1541. 4 She survived the Earl, her testa- ment being confirmed 12 January 1596-97. The Earl had issue :— 1. GILBERT, who succeeded as fourth Earl. 2. David, who died an infant. 3. SIR THOMAS, of Culzean, of whom later. From him the present family of Cassillis is descended. 4. Jean, married, in 1561, to Robert Stewart, first Earl of Orkney. He was a natural son of King James v.5 5. Katharine, married in 1574 to Sir Patrick Vaus of Barnbarroch, and had issue.6 The Earl had also a natural son John, styled of Grenare,7 who had a pension of £222 from the benefice of Glenluce.8 VI. GILBERT, fourth Earl of Cassillis, sat in the Parlia- 1 P. C. Reg., i. 198. 2 Acta Parl. Scot., ii. 511, 518. 3 Historic of the Kennedyis. 4 Acts and Decreets, vii. ff. 173, 174 ; xxiii. f. 298 ; Reg. Mag. Sig. , 6 February 1540-41. 6 See vol. i. of this work, p. 24, and title of Orkney. 6 Culzean Charters, No. 1019. 7 Deeds, xxxiv. 34. 8 Crossraguel Charters, ii. 67, 68 ; Culzean Charters, No. 780. 472 KENNEDY, EARL OF CASSILLIS ment of 29 November 1558, as Master of Gassillis,1 but he was apparently under age on 5 November 1559, when his curators ratified certain contracts between him and his mother.2 He became of age between that date and 15 October 1562, when he was served heir to his father.3 He succeeded his father as Chamberlain of Oarrick, etc.4 He adhered to the Roman Catholic faith, as he was con- demned by the General Assembly of the Reformed Church on that score,5 and he continued devoted to the Queen's service,6 fought for her at Langside, for which he was forfeited, was still ' stubborn ' after her defeat there, and joined with other nobles in writing letters of devotion and good heart to her after her flight to England. He held out from complete allegiance to the new Government until the spring of 1571, when he was forced by Lennox at the head of a large force to surrender and suffer imprisonment until about 25 August 1571, when he joined the King's party, and his forfeiture was not carried out.7 After Mar became Regent the Earl continued his support to the Government. He is said to have been popularly styled the * King of Carrick,' and he appears to have been a forceful personage. Perhaps on that account he was appointed as his father's successor in the bailiary of the Abbey of Glenluce, which had been disturbed by John Gordon of Lochinvar, the inmates expelled, and the worship interdicted. The re- cently appointed abbot, Thomas Hay, and his forlorn comrades were provided for by the Earl in his religious house at Maybole, and he also gave a generous donation towards the repair of their abbey. For this he received the bailiary of their lands, and later on tacks of their benefice, at an apparently yearly rental of 1000 merks and other dues, but other writs seem to show that the rent was largely nominal.8 But the deed for which the Earl is chiefly remembered is his alleged roasting of Alan Stewart, Abbot of Crossraguel, on a fire in the Black Vault of 1 Acta Parl. Scot., ii. 503. 2 Culzean Charters, Nos. 576, 577. 3 Ibid., No. 616. 4 This and other items noted below are to be found in Ceil, of Scottish Papers, i., ii., iii. 5 Book of the Universall Kirk, i. 5. 6 He was one of those who signed the famous Bond, 20 April 1567, in favour of her marriage to Both well ; Fraser's Melville Book, i. 89 n. 7 Acta Parl. Scot., iii. 63. 8 Arch. Coll. of Ayrshire, etc., v. 148, 177, 178 ; cf. x. 207, 208. KENNEDY, EARL OF OASSILLIS 473 Dunure, and compelling him to sign tacks or charters of the abbey property in favour of the Earl.1 There can be no doubt the Earl took cruel and violent measures to obtain the abbot's signature, but a full statement of the case, which is too long to be narrated here, would show that the abbot was playing a double game, and repudiating and altering the destination of writs and tacks made by his predecessor in favour of the Earl, who in exasperation used extreme means to gain the abbot's signature. The muni- ments now in the Oulzean charter-chest show that the abbot was not entirely a loser in the transaction.2 He was, however, detained at Dunure for nearly three months, and was at last released in November 1570 through the efforts of Thomas Kennedy of Bargany, who assembled an armed force, and rescued the abbot, who, when at liberty, immediately revoked all he had been forced to do. The Earl was cited before the Privy Council, and decerned to find security to let the abbot alone, and also for a sum due to his old preceptor Mr. George Buchanan. It may be added that the Earl gained his end in a less extreme manner by an arrangement with James Stewart of Oardonald, to whom Abbot Alan had made tacks with a view to divert the abbey lands from the Earl. The latter paid Stewart 3700 merks,3 and received the charters of the abbey.4 Later he became, also by purchase, proprietor of the whole or greater part of the abbey lands, which were confirmed to him on 10 January 1575-76.5 The Earl did not long survive his acquisition of the Cross- raguel regality, dying on 12 December 1576,6 the result, it is said, of his horse falling with him. By his will he appointed his brother-in-law, John, Lord Glamis, tutor to his son, a boy of eight years old.7 The Earl was, on 10 July 1546, while very young, contracted to marry Jean Hamilton, daughter of James, Earl of Arran, but that marriage did not take place,8 as he married (contract 30 September 1566) Margaret, only daughter of John Lyon, seventh Lord Glamis, who survived him. She married again (before 12 August 1579) John 1 For the abbot's story see P. C. Beg., xiv. 91-95. 2 Crossraguel Charters, i. 137-200 ; ii. 1-55, where the whole of the transactions are detailed. 3 Cul. Charters, No. 904. 4 Crossraguel Charters, ii. 11-15. 6 Reg. Mag. Sig. 6 Acts and Decreets, Ixxv. f. 263. 7 P. C. Reg., i. 42, 43. 8 Jean Hamilton married Hugh, third Earl of Eglinton. (See that title.) 474 KENNEDY, EARL OF CASSILLIS Hamilton, afterwards first Marquess of Hamilton, and had issue. She was alive 21 April 1623. They had issue : — 1. JOHN, fifth Earl of Oassillis. 2. Heiv, who, as Master of Oassillis, is named several times in the records of the period. He took a leading part in the feuds of the family, and was not always on good terms with his brother. The latter and he were reconciled for a time by the murder of their uncle Sir Thomas Kennedy of Oulzean, and it was proposed that Hew should retaliate by taking the life of Mure of Auchindrane, the Earl pledging him- self by a bond dated 3 September 1602 to reward him with a payment of * tuelff hunclreth merkis zeirlie,' besides other advantages.1 He and his sister-in- law the Countess of Oassillis were on 21 May 1603, beset by the Kennedys of Bargany and their faction, and were compelled to take refuge in the house of Auchensoul, in the parish of Barr, which was be- sieged and burned over their heads. The Countess and her party surrendered, and were compelled to give bonds for large sums ere they were set at liberty, though the bonds were afterwards judicially declared to be void.2 At what date Hew, Master of Oassillis, died is not exactly known, but he was dead before 25 March 1607, when his eldest son John was charged to enter his heir for payment of a bond of date 1603.3 He married (contract dated at the Garthland 2 September 1600) Katherine, daughter of Uchtred M'Dowall, and sister of John M'Dowall of Garthland, her mother, Euphemia Dunbar, being also a party.4 His wife survived him, and married Sir James Stewart of Killeith, who became Lord Ochiltree. (See that title.) The Master had issue : — (1) JOHN, who became sixth Earl of Cassillis. (2) Gilbert, who is mentioned in March 1617 as a student of 1 Pitcairn's Criminal Trials. Original at Barnbarroch. 2 Hist, of the Kennedyis; Acta Parl Scot., iv. 267-273; P. C. Reg., v. 577. 3 Acts and Decreets, ccxxx. f. 260; Gen Reg. Inhib., 18 April 1609. 4 Reg. of Deeds, xciv., 21 December 1601. This writ proves that it was Hew who married and carried on the line of the family, and renders doubtful the existence of a third son, Gilbert, who, according to Douglas, married Catherine M'Dowall. KENNEDY, EARL OP CASSILLIS 475 Glasgow University, and is then described as the only brother of the Earl of Cassillis.1 He is referred to as ' my Lord of Cassillis brother Gilbert,' in an account of 9 March 1632, by a Stranraer tailor.2 Nothing more has been discovered concerning him, and he is not named in the regrant of 29 September 1642, cited below. VII. JOHN, fifth Earl of Cassillis, was only eight years old when he succeeded his father, who provided him with a tutor in the person of his maternal uncle, John, Lord Glamis, passing over his uncle on his father's side, Sir Thomas Kennedy of Oulzean, who had pretensions to the earldom.3 But Lord Glamis was, in March 1578-79, killed in a street brawl in Stirling, and Sir Thomas became the tutor of his nephew till he attained majority the following year. He seems to have been greatly disturbed by feuds with neighbouring families, and this continued almost to the close of his life. Owing to an old feud with the Gordons of Lochinvar, originating in a dispute about the Abbey of Glenluce, which still raged, it was in 1580 considered hazardous for the legal service of the young Earl to his estates in Kirkcudbright to be carried out there, and it was ordered to be done in Edinburgh.4 In 1577 he made up titles to numerous lands, and he was Chamberlain of Carrick like his predecessors.5 Some years after his service he was obliged to pay debts incurred by his father and grandfather, the first being £5000 as one of the sureties in 1473 that Lords John and Claud Hamilton would deliver up the castles of Hamilton and Draff en, the other debt being a sum of £6720 incurred by the third Earl in France in 1558, and payable to Timothy Cagnioli, the well-known banker.6 Apart from feuds, there is little in his career to chronicle, but one important episode in his history was his appoint- ment to the post of High Treasurer in April 1599 through the influence of his wife.7 That office was a very thankless one in those days, as at this period it almost certainly 1 Munimenta A Ime Universitatis Glasguensis, iii.72. 2 Culzean Charters, additional Inventory, No. 247. 3 The reason alleged for passing over Sir Thomas was that he and some followers fired by night into Maybole Castle, pretending that they were Crawfords of Kerse, with the hope of causing Lady Cassillis to miscarry, she being then enceinte, and that the earldom might pass to him. 4 P. C. Reg., iii. 503. 6 Exch. Rolls, xx., xxi. « P. C. Reg., iii. 716 ; iv. 67 ; xiv. 14. 7 Ibid., v. 548-554, and 555 n. 476 KENNEDY, EARL OF CASSILLIS brought serious loss to its holder. He speedily repented this step, however, and indeed only held office for a few weeks, and this short space is said to have cost him the sum of 40,000 merks. This last statement is not quite borne out by the Treasurer's Accounts, but these show that between April 1599 and January 1604 he paid first a sum of £6000, part of a sum of £12,000, and secondly, a sum of £8000, both by the command of the King, which were probably part of his contract, and enforced against him.1 After this inter- lude the Earl again becomes involved in local feuds, one of which ended in the slaying of Gilbert Kennedy of Bargany, by a party consisting of the Earl and some friends on 11 December 1601, in a fight at the Brookloch burn, when Bargany's followers were defeated. His partisans a few days before had laid an ambush with deadly intent on the Earl's own life, but by a ruse he escaped the fate they purposed for him. This incident led in turn to the murder a few months later on, 12 May 1602, of the Earl's uncle, Sir Thomas Kennedy of Oulzean, by Bargany 's brother Thomas Kennedy of Drum- murchie, at the instance of the famous, or rather infamous, John Mure of Auchindrane. In 1603 he went to London, either in the train of King James, or to take part in the ceremonies of his accession to the English throne, and his enemies took advantage of his absence to make an attack upon his Countess. She, with her brother-in-law the Master of Cassillis and their servants, was, on 21 May 1603, while returning from Galloway to Maybole, suddenly beset by hagbutters and horsemen led by Thomas Kennedy of Drum- murchie and the Laird of Auchindrane, and her party being much smaller in numbers, they were forced to take refuge in a house called Auchinsoul in Barr parish. The house was fired, and Drummurchie would make no conditions unless one of the party was delivered up, whom he alleged had slain his brother Gilbert Kennedy of Bargany. But the man, under cover of the smoke from the burning house, escaped on horseback, and went to London, where he put the Earl in ' ane readge ' at the indignity offered to his wife. She and the Master were obliged to surrender, and were only released 1 Lord High Treasurer's Accounts, MS. 2 P. C. Reg., vi. p. xlii. 322, 323, 341. KENNEDY, EARL OP OASSILLIS 477 under bonds for large sums of money, which, however, were afterwards declared by the Privy Council to be invalid.1 So the record goes on, full of feuds and bloodshed, and the Earl himself so far forgot the proprieties as to make a personal assault on his wife, and drag her out of the Privy Council chamber, in consequence of some dispute about a lease. For this he was warded in Blackness on 1 November 1604, and his unchivalrous conduct was commented on by the King himself, while in the following December he had to find £5000 as surety for his wife's protection.2 Apart from the local feuds, and the constant attacks arising out of them, which are noted in the records, there is little further to chronicle regarding the Earl, except a feu grant of the lands of Inch and others in Wigtownshire, including Saulset, an old foundation of Fergus, Lord of Galloway, which had belonged to the Earl and his ancestors from before the memory of man, and which had come to the King through the annexations of kirk lands.3 His last attendance in Council was on 30 March 1615, and he died, it is said, in October, certainly before 14 November of that year, when the ward of his successor was granted to James, second Marquess of Hamilton.4 His uncle, the Master of Glamis, in February 1590-91, pro- posed to marry him to the sister of the young Earl of Argyll, but this plan was hindered by the Chancellor, then John, first Lord Maitland of Thirlstane,5 and the Earl mar- ried, contract 4 November 1597,6 Jean, only daughter and heiress of James, fourth Lord Fleming, and widow of the same Chancellor, who had died 3 October 1595. (See title Lauderdale.) She was much older than the Earl, but was wealthy. She died, it is said, 23 June 1609, aged fifty-five, and was buried at Haddington.7 She was certainly dead before 22 August 1611.8 The fifth Earl of Oassillis had no issue, and was succeeded by his nephew, VIII. JOHN, sixth Earl of Cassillis, eldest son of his brother Hugh, Master of Cassillis. He is first named in 1 ActaParl. Scot., iv. 267-273 ; P. C. Reg., vi. 577. 2 P. C. Reg., vii. 16, 464, 580. 3 Reg. Mag. Sig., 20 June 1605. 4 P. C. Reg., vii. 406. 5 Letter 13, Feb. 1590-91, Bowes to Hunsdon, Border Papers, i. 375. 6 Recorded 16 Dec. 1597, Reg. of Deeds, Ixi. 7 Douglas, ii. pp. 634, 635. 8 Reg. Mag. Sig., at date. 478 KENNEDY, EARL OF CASSILLIS March 1607, when he was charged by one of his father's creditors to enter heir.1 He was served heir to his uncle 2 on 25 July 1616 in Dunure and other lands.3 Prom an Act in favour of the University of St. Andrews, 1621, it appears that the Earl had (probably as the representative of the founder, Bishop Kennedy) rights and privileges in regard to St. Salvator's College, and to prebendaries within the same, and these were specially reserved in his favour.4 On 3 December 1621 he had a royal dispensation for his service in minority as heir to his uncle, and other ancestors,5 and a retour followed on 1 February 1622, and applies to Oassillis and other lands. On 25 January 1623 he was retoured heir of his grandfather, Earl Gilbert, in the office of Keeper of the Castle of Lochdoon.6 During the first few years after this he appears at meetings of the Privy Council and Con- ventions of Estates, and took an industrious part in public affairs. On 24 January 1629 he had a licence to travel for five years in France, Germany, and the Netherlands for his instruction in languages, but he does not appear to have taken advantage of it, as on 18 July 1629 he and the Earl of Wigton were charged with tumultuous convocation in the burgh of Edinburgh. Later, in 1631, he is referred to as taking his mother, wife of James, Lord Ochiltree, who was in ward for malicious charges made against the Duke of Hamilton, under his protection, and providing for her and her children.7 On 21 April 1630 he craved advice from the Council as to how to deal with certain gipsies, in his capacity of bailie-principal of Carrick. It is possible that some such trouble, distorted by tradition, gave rise to the legend about his first Countess, afterwards cited. He had, as usual, various charters of land. Passing over other less important writs, which will be found in the records, the Earl had, on 29 September 1642, a regrant of all his lands and baronies, nominatim, with his various heritable offices, united and erected into one free earldom and lordship, to be called Cassillis. The whole earldom was 1 Acts and Decreets, vol. 230, f. 260. 2 In the printed Registrum Magni Sigilli, at 6 March 1618, the fifth Earl of Cassillis is wrongly referred to as father of the sixth, owing to a misprint of patris for patrui of the original record. 3 Retours, Ayr, No. 153. 4 Acta Parl. Scot., iv. 683. 5 P. C. Reg., xii. 616. 6 Retours, Ayr, Nos. 212, 220. 7 Ibid., second series, iv. 352, 358. KENNEDY, EARL OP OASSILLIS 479 resigned by the Earl, and in terms of his resignation was now granted and destined to himself in liferent, and to James, Lord Kennedy, his eldest son and heir-apparent, and the heirs-male of his body, whom failing, to revert to the Earl and the lawful heirs-male of his body, whom failing, to the eldest lawful daughter of James, Lord Ken- nedy to be begotten of his body, and to the heirs-male of her body bearing the name and arms of Kennedy of the house and family of Cassillis, whom failing, to the eldest daughter and heirs-female of said daughter, without division, bearing the said name and arms, and the heirs-male of her body, whom failing, to the other daughters of James, Lord Kennedy, according to order of age and the heirs-male and female of their bodies, whom failing, to the daughters of the Earl, and the heirs-male and female of their bodies, whom failing, to the* Earl and his heirs-male whomsoever, whom failing, to his heirs and assignees whomsoever. It was also provided that the daughters were not to marry without consent of the Earl or of Jean Hamilton, his spouse, nor to marry any person of another name than Kennedy ; and if they were married at the time of their succession, their husbands and heirs were to assume the name of Ken- nedy and the arms of the house of Cassillis, or to forfeit the succession.1 This important charter was one ground of the claim made by the Earl of March to the Cassillis Peerage in 1760-62, as it proceeded on a procuratory and deed of resignation by the sixth Earl. A similar entail proceeding upon a procuratory of resignation contained in a marriage-contract between John, the seventh Earl, and Lady Susan Hamilton, daughter of James, Duke of Hamilton, was also founded on, as it had a reference to the grant of 1642. The answers by Sir Thomas Kennedy state that in the procuratory of resignation on which the charter in 1642 proceeded, the title of Honour and Dignity of Earl of Cas- sillis was not resigned by him into the hands of the Crown, and in consequence no new limitation could be made, or was intended by this grant. The signature or warrant of the charter in the records of the Exchequer showed that it was not superscribed by the King, which was necessary, and the charter was only granted by the Lords of the 1 Reg. Mag. Sig., at date. 480 KENNEDY, EARL OF CASSILLIS Exchequer, who had power to receive resignations of lands, but not to receive resignations of titles of honour, or make new grants of such. The Earl of March claimed that the lands of Oassillis were not erected into an earldom till the date of this writ. Lord Mansfield agreed with Sir Thomas Kennedy's answers, and that the terms of the resignation declared by Earl John to be ' for establishing the fee of my estate in favour of the heirs hereafter mentioned' have nothing to do with the earldom. No honours were resigned, and therefore could not pass. The Earl, as has been said, early took part in public affairs, but after 1633 he entered into them with renewed vigour. He was one of the foremost of the Covenanters, and one of the most consistent. He signed the Solemn League and Covenant of 1638 ; and later, he raised, and apparently commanded, a regiment when war finally broke out between King Charles I. and the Scots. The regiment fought at Alford and Kilsyth, but it is doubtful if the Earl at least was present at Dunbar. Between 1643 and 1649 he was constant in attendance on the Convention of Estates, and its various committees. He was also present at the Westminster Assembly of Divines in 1643. He was preses of the Court of Session at the trial of Sir Robert Spottis- woode in January 1646, and signed the death warrant with the greatest reluctance. In 1649 he was made Justice- General of Scotland, and about the same time was one of the Commissioners sent to Holland to communicate with the young King Charles n. He was one of those summoned from Scotland to attend the Union Parliament of 1657 ; and again, after Cromwell's death, although he refused to attend Richard Cromwell's installation, as Supreme Magis- trate, 27 June 1658.1 He was present in the Scots Parliament of King Charles u. 1 January 1661, but refused to take the Oath of Allegiance and Supremacy, without an explanation as to the King's ecclesiastical interests, and was deprived of all his public offices, and declared incapable of any public trust.2 In 1662 he moved to address the King in favour of his marrying a Protestant, but had only one seconder. Some other refer- 1 Acta Parl. Scot., 1633-60 (vols. v. and vi.); Baillie's Letters, per Index. 2 Acta Parl. Scot., vii. 162, App. 45. KENNEDY, EARL OP CASSILLIS 481 ences deal with debts incurred by him in the public service, but these need not be detailed. He died in April 1668, and is described by Bishop Burnet as a man of great virtue and of a considerable degree of good understanding, had he not spoilt it with many affectations and an obstinate stiffness in almost everything that he did. He was so sincere that he would suffer no man to take his words in any other sense than he meant them.1 The Earl was twice married, first (contract 21 December 1621 and 7 January 1622) to Jean, daughter of Thomas Hamilton, Earl of Haddington.2 She died on or about 15 December 1642. About this lady a curious legend has been made current by tradition and by some popular writers to the effect that she eloped from her husband, in his absence at the Westminster Assembly, with a handsome gipsy, Sir John Faa, a former lover ; that they were followed and taken ; that he was hanged, while the lady was shut up in the family house at Maybole, and re- mained a prisoner for the rest of her life. But this story is entirely disproved by the fact that she remained the Earl's wife for twenty-one years, and letters from him after her death show his affection and great regard for her.3 It may be added that the Westminster Assembly did not meet till 1643, after her death. The Earl married, secondly, Margaret Hay, daughter of William, Earl of Erroll, widow of Henry, Lord Ker, eldest son of Robert, first Earl of Roxburghe. Their marriage- contract was dated on 20 February 1644, at the Scots Leaguer, at Heighten, in England. She survived him, and was buried, 22 April 1695, at St. Martin's-in-the-Fields. The Earl had issue by both wives : — 1. James, Lord Kennedy, son by first wife, named in the charter of 29 September 1642. He died before 7 February 1663, vita patris, and apparently unmarried. 2. JOHN, son by second wife, who became seventh Earl. 3. Margaret, who became the wife of Gilbert Burnet, then Professor of Divinity in the University of Glas- gow, afterwards Bishop of Salisbury, a famous writer, 1 Burnet's History of his Own Time, Airey's ed., i. 89. a Fraser's Memorials of the Earls of Haddington, i. 187, 188. 3 See the story and refutation, with authorities, in Fraser's Memorials of the Montgomeries, i. Preface, x-xii. 482 KENNEDY, EARL OF OASSILLIS and supporter of William of Orange.1 She was very witty and accomplished, and also very pious.2 She married Burnet 1670-71, when well stricken in years. He renounced all pretension to her fortune. She was a great friend of Lauderdale and Sir Robert Moray, and the incident has often been narrated of how she was fired at by some Oromwellian soldiers, whom she reviled for murdering King Charles I. She lived until 1685. 4. Catherine, married, in 1653, to William, Lord Cochrane, eldest son of William, first Earl of Dimdonald, and had issue. Described in 1672 as second daughter.3 5. Helen, who died unmarried. In her testament, con- firmed 7 February 1663, she names her then living brother and her sisters.4 6. Elizabeth, described in 1672 as third (surviving) daughter. 7. Mary, described in 1672 as fourth daughter. IX. JOHN, seventh Earl of Oassillis, is first named in the testament of his sister Helen, where he is referred to as Lord Kennedy, showing that his elder brother was then dead. He was served heir to his father on 22 September 1666.5 He was of the same religious principles as his father, and on 13 August 1670 he was the only one who said ' No ' to the Act against Conventicles. Burnet says he was 4 heir to his father's stiffness but not to his other virtues.'6 Like his father he was a regular attender of Parliament, though probably not a favourite with the ruling powers. But on 10 July 1672 he was permitted by Parliament to have two yearly fairs, besides the fair then in use to be held at Maybole, as the head burgh of the bailiary of Carrick.7 A few months later, on 11 September 1672, an Act was passed ratifying a Crown charter of 24 April 1671, in terms of a resignation in the Earl's marriage-contract of 20 December 1668. The charter granted the earldom and lordship as in the writ of 1642, formerly cited, destin- ing the lands to the heirs-male of the Earl by his marriage 1 See Supplement to Burnet's History of his Own Time, Foxcrof t, 84, note, and 475. 2 Ibid., Airey's ed., i. 196 ; Diet. Nat. Biog. 3 Acta Part. Scot., viii. 117. 4 Edin. Tests., at date. 5 Retours, Ayr, No. 558. 6 Burnet's History, Airey's ed., i. 523, 524. 7 Acta Parl. Scot., viii. 65. KENNEDY, EARL OF CASSILLIS 483 with Susan, second daughter of James, Duke of Hamilton, whom failing, to his heirs-male by any other marriage, whom failing, to his heirs-female by that or another mar- riage, whom failing, to the Earl's sisters Margaret, Cathe- rine, Lady Oochrane, Elizabeth, and Mary in succession, and their heirs-male, whom failing, to their heirs-female, whom all failing, to the Earl's heirs-male, whom failing his lawful heirs and assignees whomsoever.1 The Earl's covenanting principles brought him into conflict with the Government in 1678. He was ordered to collect the arms within his bailiary and to destroy the meeting-houses, which last he positively refused to do, though the country people themselves demolished the houses to save the Earl's credit, as he was altogether averse to the orders of the Council. He had fifteen hundred of the Highland Host quartered upon his estates, and he was also required to sign a bond that neither he nor any of his family, retainers, or employees would under any circumstances attend a Conventicle. This he refused, and was denounced rebel. He went to London to put his case before the King, and the Scots Privy Council wrote that he should be sent down a prisoner.2 But this was refused, and a stop was put to further proceedings. Owing to this persecution and to the difficulty of obtaining from the Government repayment of the sums his father had advanced between 1639 and 1650, he was obliged to sell all his Wigtownshire property and a large portion of his Ayrshire estates. He parted with his Wigtownshire estates of Inch and others on 5 September 1674, to John Hamilton, Lord Bargany, who merely acted as intermediary for Sir John Dalrymple of Stair, for £93,712, 6s. 8d. Scots money.3 It was not until 1681 that steps were taken to relieve him of the debts incurred by his father in the public interest, and he was discharged from all action on account of the money, which was to become a public debt.4 At the Revolution the Earl 1 Ada Parl. Scot, 116-118. 2 Wodrow's History of the Sufferings, etc., fol. ed., i. 498-505. 3 Gen. Reg. Sas. , third ser., vol. 34, f. 216, etc. From the Hamiltons the lands were acquired at the same time by the ancestor of the present Earl of Stair; cf. Acta Parl. Scot., viii. 225, where in July 1678 Cassillis is Commissioner for Ayr and not of Wigtown. The dis- position of Bargany in favour of Sir John Dalrymple, younger of Stair, is dated 5 September 1674, and registered in the Books of Council and Session 14 July 1688. 4 Ibid., 355. 484 KENNEDY, EARL OF GASSILLIS took a more active part in affairs, and from 1689 onwards he appears frequently on Parliamentary and Treasury business. In 1695 he granted a lease to some London and Edinburgh merchants to work minerals on his estates.1 In 1698, after his son's marriage, he made an entail similar to those already cited, to himself in liferent, and to John, Lord Kennedy, his son, in fee, and to their respective heirs-male, whom failing, to their heirs-female, and to the heirs-male of the successive heirs-female. He attended to public business to the last, as he was pre- sent in Parliament on 16 January 1701, 2 and died 23 July same year. The seventh Earl married, first, contract dated 20 December 1668, Susan, youngest daughter of James, first Duke of Hamilton. He married, secondly, 27 February 1697-98, at St. Paul's, Oovent Garden, Mary Fox,3 daughter of John Fox of Lincoln's Inn Fields. She became somewhat notorious in London society, first in 1728, when she was arrested at the instance of her milliner, and again in 1745, for keeping a gaming-house and resisting its suppression, which caused a resolution by the House of Lords that in such cases it should be unlawful to claim privilege of Peerage against prosecution. She died 12 September 1746.4 The Earl had issue :— 1. John, Lord Kennedy, who is mentioned as a Commis- sioner of Supply for Ayrshire in 1695.5 He died in 1700, having married (articles of marriage dated 15 June 1697 and contract 13 September 1698 6) Isabella or Eliza- beth, daughter of Charles Hutchinson of Owthorpe, co. Nottingham. She survived him, and married, 22 March 1701, John, Earl of Selkirk and Ruglen. She died 10 March 1733-34. Lord Kennedy had issue :— (1) JOHN, who succeeded his grandfather. 2. Charles, a colonel in the army, died 10 October 1739.7 3. James, son by second marriage, who died without issue before 1759. 1 See Culzean Charters. 2 Ada Part. Scot., x. 247. 3 See facsimile of her signature, Misc. Genealogica et Heraldica, N.S. (1874), i. 113. 4 House of Lords Journals, 1 February 1728 and 29 April 1745 ; Robertson's Peer- age Proceedings, 246. 6 Act a Part. Scot., ix. 374, 456. 6 Registered in Books of Council and Session 20 August 1759. This contract is post- nuptial. Culzean Charters, Nos. 1759, 1764. 7 Gentleman's Magazine, where he is described as eldest son of the Earl of Castles in Scotland. KENNEDY, EARL OF OASSILLIS 485 4. Anne, daughter by first marriage, married, contract 21 June 1694, to her cousin John Hamilton, Earl of Selkirk, and had issue. 5. Elizabeth, daughter by second marriage. 6. Mary, baptized 29 January 1698-99 at St. Giles-in-the- Fields, co. Middlesex. X. JOHN, eighth Earl of Oassillis, who succeeded, was the grandson of his predecessor. He was born in April 1700, and was, while an infant, served heir to his father, John, Lord Kennedy, on 22 February 1704. He held the office of Governor of Dumbarton Castle. At the abolition of heritable jurisdiction he made a large claim, but was only allowed £1800 for his bailiary of Oarrick. On 29 March 1759 he made an entail of his estates, with destination, after his own heirs-male and female, to Sir Thomas Kennedy of Oulzean, Baronet, and the heirs-male of his body, whom failing, to Mr. David Kennedy, advocate, brother-german of Sir Thomas Kennedy, and the heirs-male of his body. The Earl died in London 7 March 1759, and was buried in St. James's Church, but his remains were removed in June 1760 to the Church of Maybole. He married, contract 25 September and 6 October 1739, his cousin Susan, youngest daughter of John Hamilton, Earl of Selkirk and Ruglen, by Ann, daughter of John, seventh Earl of Cassillis. By her, who survived him, and died 8 February 1763, he had no issue. After the Earl's death a contest arose for his title and estates between two competing claimants. The first was William, Earl of March and Ruglen, afterwards Duke of Queensberry, grandson and heir of Anne, Countess of Sel- kirk and Ruglen, daughter of John, seventh Earl of Cassillis, thus holding the place of heir of Jine. He founded on the entail, already cited, of 5 September 1698, and assuming the title of Earl of Cassillis, Ruglen, and March, prepared to have himself served heir of tailzie and provision to the eighth Earl. In this he was opposed by the second claimant, Sir Thomas Kennedy, a descendant of Sir Thomas Kennedy of Culzean, who was the second son of the third Earl of Oassillis, who claimed as heir-male, and who obtained service as heir-male of the eighth Earl, in terms of the latter's entail of 29 March 1759. The Earl of March VOL. II. 2 I 486 KENNEDY, EARL OP OASSILLIS brought an action to reduce that deed on the plea that it was contrary to the entails of 1642, 1671, and 1698, under which he asserted the eighth Earl held the estate, and which he contended the Earl had no power to alter. But the Court of Session, on 29 February 1760, by the narrowest majority, found that the eighth Earl could lawfully make the settlement proposed to be reduced, and assoilzied the defender. This judgment was affirmed by the House of Lords, and established Sir Thomas Kennedy's right to the estates. Both claimants then petitioned the King for the titles and honours of Oassillis, which were on 27 January 1762 adjudged by the House of Lords to belong to Sir Thomas Kennedy as the heir-male, the title being presumed to descend to the heirs-male of the original granter. Sir Thomas therefore became the ninth Earl of Oassillis, his descent being as follows : — THOMAS KENNEDY, second son of the third Earl, for a time known as ' Master of Oassillis.' He is said to have been taken prisoner at the battle of Langside, fighting on Queen Mary's behalf.1 He had a charter of the lands of Oulzean from his brother Earl Gilbert, received sasine 14 September 1569,2 and he is generally known as Thomas Kennedy of Oulzean. He was served tutor at law to the fifth Earl 16 March 1578-79.3 He was raised to the rank of Knighthood at the Coronation of Queen Anna on 17 May 1590.4 He took an active part in the feuds which affected his family, and these at last brought about his own murder by the treachery of John Mure of Auchindrane on 11 May 1602.5 He married, between 16 March and 28 April 1579, Elizabeth M'Gill, daughter of Mr. David M'Gill, King's Advocate, styled variously of Lochcotes, Nisbet, and Oran- stoun Riddell. She had been the wife of Robert Logan of Restalrig, afterwards implicated in the Gowrie Conspiracy, whom she had married some time before November 1576,6 and who was still alive. On 16 March 1578-79 she was living as her father's housekeeper, and during his absence Thomas Kennedy came with an armed force and carried her off. 1 Cat. of Scottish Papers, ii. 405407. 2 Culzean Charters, No. 736. 3 Acts and Decreets, Ixxiii. f. 417. 4 P. C. Reg., iv. 481. 5 Pitcairn's Criminal Trials, Hi. 125-196. 6 Reg. of Deeds, xv. f. 307. KENNEDY, EARL OF OASSILLIS 487 On 28 April the culprits appeared in Court, and she de- clared she had gone off with Kennedy by her own free will, to be married to him, and he stated that they were married.1 She survived Sir Thomas, and became the second wife of William Mure of Rowallan.2 Sir Thomas had by Elizabeth M'Gill the following issue :— 1. Thomas, who is named in a charter of 23 August 1597 as the eldest son.3 He died before his father in 1601, unmarried. 2. James, who succeeded to Culzean, on the death of his father. He was served heir to his brother Thomas, younger of Culzean, on 18 May 1602,4 and is afterwards styled apparent of Culzean. He took a leading part in attempts to revenge his father's death, and punish the murderers by legal and other measures. He certainly, if tradition be correct, was the original means of bringing the Mures of Auchindrane, the enemies of his house, to justice. In July 1622 he sold the estate of Culzean to his younger brother Alexander, and acquired from Josias Stewart of Bonytoun, the estate of Blairquhan, but this estate was apprised from him 31 January 1623.5 He was alive on 5 April 1632,6 and died before 12 October 1637, when his son was retoured heir to him. He married Anne Stewart, not designed, but who may have been a near relative of Josias Stewart of Bonytoun, from whom he acquired Blairquhan. By her he had issue : — (1) James, who was enrolled as a student in Glasgow University on 3 March 1629.7 He was retoured heir to his father in the lands of Blairquhan on 12 October 1637.8 He had a son : — i. William, mentioned in a bond by him on 24 June 1662, 1 Acts and Decreets, Ixxvi. ff. 27, 36. Elizabeth M'Gill has been described as Logan's widow, but he survived till 1606, and it seems more probable there was a divorce betwixt them. The Commissary Decreets are defective between 1576 and 1580, but comparison may be made with Reg. Mag. Sig., 13 May 1580, where Thomas Kennedy, tutor of Cassillis, is named as spouse of Elizabeth M'Gill on 15 July 1579, a few weeks after the elopement, in a writ to which her former husband Robert Logan, referred to as such, and his mother are also parties. 2 Reg. Mag. Sig., 20 June 1616 and 9 October 1616. 3 Ibid., 26 August 1597. 4 Gen. Retours, No. 99. 5 See Reg. Mag. Sig., July and September 1623 ; 13 July 1621 ; cf. Laing Charters, Nos. 1793, 1794, 1874. 6 P. C. Reg., second series, vol. iv. 7 Mun. Alme Univ. Glasguensis, iii. 81. 8 Laing Charters, No. 2220 ; cf . 2223, 2226. 488 KENNEDY, EARL OF OASSILLIS to his cousin John Kennedy of Culzean.1 The lands of Blairquhan were disposed of to John Whitefoord before 1667.2 3. ALEXANDER of Oraigoch, of whom hereafter. 4. David, who acquired Garrihorn, and in December 1621 received from his brother James a grant of Drum- morane, Whitefaulds, and others in the parish of Maybole.3 He and his brother Alexander are named together in a complaint against Fergusson of Kil- kerran on 5 January 1629.4 5. Margaret. She and her sister were with their father on 3 January 1597-98, when they were attacked by John Mure of Auchindrane and others.5 She was married to Patrick Agnew of Lochnaw, first Baronet.6 6. Helen, married, first, to James Mure, younger of Auchindrane, and had issue. With his father he was executed in 1611, for the murder of Sir Thomas Kennedy. She then became the wife of John Fer- gusson of Kilkerran,7 and by him also had issue. 7. Susanna, married to Sir Patrick M4Kie of Larg.8 SIR ALEXANDER KENNEDY, the third, but second surviving, son, became the ultimate heir of his father Sir Thomas. On 3 July 1621 he got a royal charter of the lands and barony of Bargany and others on the resignation of Thomas Kennedy,9 and he himself resigned these lands three years afterwards in favour of Sir John Hamilton of Lettrick.10 He acquired the estate of Culzean from his brother James in 1622, and he also obtained the barony of Greenan and numerous other lands from John Stewart, Earl of Carrick, in 1643.11 He invaded the lands of James, Earl of Queensberry, in 1650,12 and is said to have died in September 1652. He married Agnes, daughter of Thomas Kennedy of Ardmillan, and had issue : — 1. JOHN, who succeeded to Oulzean, of whom hereafter. 1 Culzean Charters, No. 1441. 2 Laing Charters, No. 575 n. 3 Ibid., No. 1895. 4 P. C. Reg., second series, iii. 5, 6, 9, 10. 5 Ibid., v. 442, 443. 6 Hereditary Sheriffs of Galloway, 241 ; Eeg. Mag. Sig., 7 June 1625. 7 Laing Charters, No. 1876. 8 Hereditary Sheriffs, 241. 9 Meg. Mag. Sig. 10 Ibid., 15 June 1654. n Ibid., 31 July 1643. See also Cul. Mun. and Additional Inventory No. 325, which is an instrument of assignation of Baltersan dated 7 November 1642. 12 Acta Parl. Scot., vii. 95. KENNEDY, EARL OF CASSILLIS 489 2. ALEXANDER of Oraigoch and Kilhenzie, of whom here- after. 3. Thomas, who, with his brother John, was enrolled in March 1633 as a student of Glasgow University.1 In 1661 and 1668 he and his brothers are named as Parliamentary Commissioners for Ayrshire, and also of militia for Ayr and Renfrew. He had the estate of Baltersan, and in 1685 is described as Major Thomas Kennedy of Baltersan.2 He had issue three daughters, of whom the second, Jean, was married to Hugh, son of Thomas Kennedy of Ardmillan.3 4. James, who married, first, Anne , and had issue a daughter Anna ; secondly (contract 14 October 1657), Katherine,4 eldest daughter of Sir John Mure of Auchindrane,.and had issue : — (1) John, baptized at Edinburgh 1 September 1661. 5. Marian, married to James Kennedy of Girvanmains. 6. Margaret, married to Alexander Oraufurd of Skeldon.5 7. Agnes, married to Captain James Hamilton of Clinton- Clare, son of Archibald Hamilton of Haller Craig.6 JOHN KENNEDY of Culzean was served heir to his father on 8 February 1656. He entered Glasgow University in March 1633.7 He appears in Parliament as a Commissioner for Ayrshire in 1656 and 1659, also in 1661. He was also, on 8 October 1663, made a Justice of Peace for Ayrshire and Renfrew.8 He died in 1665. He married, first (con- tract 22 February 1645 9), Ann, daughter of John Blair of Blair, but without issue. He married, secondly (contract dated in 1653), Margaret, daughter of John Hamilton, first Lord Bargany, and by her, who was married, secondly, about 1667, to Sir David Ogilvy of Clova,10 had issue :— 1. John, who is named in a testament by his father dated 1 Mun. Alme Univ. Glasguensis, iii. 88. IJ Acta Parl. Scot., vii. 92 ; viii. 225, 465. 3 Obligation by Hugh to Major Thomas, 19 January 1686, where his daughter Jean and Mary are named. See footnote Family Hist., 49, and Cul. Mun. Writs, No. 1694. 4 Culzean Charters, No. 1388. 6 Ibid. 6 See discharge by her of all her claims on estate to the sum of 10,000 merks dated 31 October 1654 and 2 March 1655 at Tollechin, co. Down (Culzean Charters, No. 1365). 7 Mun. Alme Univ. Glasguensis, iii. 86. 8 Acta Parl. Scot., at dates. 9 Additional Inventory, No. 343. 10 Cortachy MSS. 490 KENNEDY, EARL OF OASSILLIS 26 March 1658, but he died without issue, and ap- parently predeceased his father. 2. ARCHIBALD, of whom hereafter. 3. Alexander, who died without issue before 22 January 1676. 4. Thomas,1 who was served heir to his brother Alex- ander 22 January 1676. It is this Thomas Kennedy who, as 'brother of the Laird of Culzean,' appears in the fourth class of Glasgow University on 8 February 1691.2 5. Katherine.* Buried August 1660.4 6. Jean, who is referred to in a disposition of the lands of Dunymuick made by John Kennedy of Culzean to his son Archibald, 7 May 1664.5 SIR ARCHIBALD KENNEDY, Baronet, the second but eldest surviving son, was served heir to his father 17 April 1672.6 He was the same year in the fourth class of the University of Glasgow.7 He was a Commissioner for Ayrshire for raising the money offered by Convention of £1,800,000 Scots in 1678, and also of Supply for Ayrshire in 1685 and 1704.8 He obtained a very unenviable reputation for his wanton and cruel persecution of the Covenanters, and probably because of his zeal in this he was on 8 December 1682 created a Baronet of Nova Scotia with destination to him- self, and the heirs-male of his body. He was included in a warrant issued on 14 May 1689 for citing some who have joined with the Viscount of Dundee.9 He died in 1710, and, owing to his anti-covenanting prejudices, stories were circulated after his death about his being carried off by the devil. He married Elizabeth Leslie,10 eldest daughter of David, first Lord Newark, and by her had issue : — 1. SIR JOHN, of whom hereafter. 2. David, an advocate at the Scots Bar 5 December 1704. On 16 February 1694 he was a member of the third 1 These four sons are named in a paper entitled * Information for Thomas Kennedy, youngest son of the deceased Laird of Culzean,' dated 5 July 1670. 2 Mun. Alme Univ. Glasguensis, iii. 138. 3 Culzean Charters, No. 1395. 4 Canongate Burial Reg. 5 See footnote Family Hist., 50. 6 Retours, Ayr, No. 531. 7 Mun. Alme Univ. Glasguensis, ii. 125. 8 Acta Parl. Scot., viii. 225, 465 ; xi. 143. 9 Ibid., ix. App. 24. 10 See a discharge to her by Lieutenant William Graham of the Earl of Airlie's troop, dated Maybole, 22 April 1686 (Culzean Charters, No. 1697). KENNEDY, EARL OF CASSILLIS 491 class in Glasgow University.1 He died unmarried at Ayr in April 1754. 3. Lewis, collector of the Customs at Irvine.2 He died in 1721, having married Magdalen Cochrane, daughter of the Hon. Alexander Oochrane of Bonshaw. By her he had issue a son John, lieutenant in the Navy, who died without issue. 4. Jean, married to Sir Gilbert Kennedy of Girvanmains in 1694. 5. Susanna, married (contract 12 and 20 December 1709) to Alexander, ninth Earl of Eglinton, with issue. She was the famous Susannah, Countess of Eglinton, whose seven daughters were celebrated for their good looks.3 (See title Eglinton.) 6. Mary, referred to in two bonds of provision of 26 April 1710.4 ' 7. Catherine, married Captain Lawrence Nugent, and died at Irvine 18 May 1761, aged sixty-six. SIR JOHN KENNEDY of Culzean, Bart., was with his brother David a member of the third class of Glasgow University 16 February 1694.5 He is named as a Commissioner of Supply for Ayrshire 5 August 1704.6 He was served heir to his father 12 March 1711. Sir John died in 1742, having married Jean, daughter of Captain Andrew Douglas of Mains in Dumbartonshire (contract 15 March 1705), and by her, who died 1 November 1767, had twenty children, twelve sons and eight daughters, fourteen of whom died young and unmarried. Those surviving were :— 1. SIR JOHN, of whom below. 2. SIR THOMAS, afterwards ninth Earl of Cassillis. 3. DAVID, afterwards tenth Earl. 4. Elizabeth, married, in 1729, as his second wife, to Sir John Cathcart of Carleton, second Baronet,7 and had issue. 5. Anne, married (contract 16 March 1738) to John Blair of Dunskey, and had issue.8 From her daughter Jane 1 Mun. Alme Univ. Glasguen., iii. 154, infra. 2 Family Hist., 50 and 51. 3 Eraser's Memorials of the Montgomeries, etc. 4 Family Hist., 51 ; Scots Mag. 5 Mun. Alme Univ. Glasguensis, iii. 155. 6 Acta Parl. Scot., xi. 143. 7 Family Hist., 51 and footnote. 8 Ibid., 52 and footnote. 492 KENNEDY, EARL OF CASSILLIS is descended the present Rev. Sir David Oswald Hunter Blair, Bart., of Blairquhan. 6. Clementina, married to George Watson of Bilton Park, co. York, and died there, without issue, 11 March 1760. SIR JOHN KENNEDY of Oulzean, Bart., who was served heir to his father 28 January 1743, and died 10 April 1744. l He was succeeded by his brother. XI. SIR THOMAS KENNEDY of Oulzean, Baronet, who was served heir to his brother Sir John 22 July 1747. He be- came the ninth Earl of Oassillis by the decision of the House of Lords in 1762 before referred to. He bought Newark from Alexander Crawford, as appears from a letter by his aunt Susanna, Countess of Eglinton, to Mr. Murray of Abercairney, dated January 1762,2 which runs as follows : 4 Sandy Crawford has sold Newark to Lord Cassillis. It is net 1500 marks, and has got 3800 pond sterling for it. It has neither wood nor coall, and only a little old shell of a house. It lays indeed contiguous to his lands of Greenan. Some says it is for Blair of Dunskie, and that he is to sell his lands in Galloway.'3 The ninth Earl died unmarried at Culzean, 30 November 1775, and was succeeded by his brother. XII. DAVID, tenth Earl of Cassillis, who was admitted Advocate of the Scots Bar 25 February 1752, and was served heir to his brother, Earl Thomas, 15 April 1776, M.P. for Ayrshire 1768-74, Scottish Representative Peer 1776-92. He carried on the work of his brother and com- pleted the building of the modern house of Culzean and the gardens. On 2 February 1790 he executed a supplementary entail of the estates of Cassillis and Culzean in favour of himself and the heirs-male of his body,4 failing whom, Captain Archibald Kennedy late R.N., and late of New York, he and his sons being called nominatim. Earl David 1 Family Hist., 52. 2 Fraser's Memorials of the Montgomeries, i. 379. 3 At Culzean there is a plenary indulgence by Pope Benedict xiv. to Thomas Kennedy, a Scots baronet, granting to him and all his kindred by blood or marriage, unto the third degree inclusive, as also to fifty persons to be named by him at his pleasure, a plenary indulgence at the point of death, provided they being then truly penitent, and otherwise as in usual form. See also Hist. MSS. Com. Report, iii. 4 See Family Hist., 53. KENNEDY, EARL OF OASSILLIS 493 died unmarried, at Culzean, 18 December 1792, when the baronetcy became extinct. He was succeeded in the earldom by his kinsman Captain Archibald Kennedy above named, who was descended from Alexander Kennedy of Oraigoch, afterwards of Kilhenzie, second son of Sir Alex- ander Kennedy of Culzean.1 (See p. 488.) ALEXANDER KENNEDY was inf eft in Craigoch, 16 May 1644. and afterwards acquired the barony of Kilhenzie.2 He was appointed a Commissioner of Supply for Ayrshire in 1656, 1659, and 1661,3 also a Justice of Peace for Ayrshire, 8 October 1663. He died about 1698, though Alexander Kennedy of Kilhenzie is named as a Commissioner for Ayrshire in 1704,4 but this is apparently a clerical error. He was twice married. By his first marriage he had : — 1. A daughter, who married David Kennedy of Drum- ellan, and had issue.5 (This marriage is mentioned in the service of Earl Archibald, but the lady's name is not mentioned.) He married, secondly, contract 12 and 14 December 1683, registered in the Sheriff-Court Books of Ayrshire, 2 January 1702, Anna, youngest daughter of William Crawford of Auchenames. This lady's fortune was £3000 Scots, her jointure 300 merks.6 By his second marriage he had issue : — 2. John Kennedy of Kilhenzie, was enrolled a member of the third class of the University of Glasgow 18 March 1700.7 Apparently it was he who was appointed a Commissioner of Supply for Ayrshire 5 August 1704.8 He was an Advocate of the Scots Bar, 6 July 1709. He married, 23 April 1715, Helen Monteith, daughter of Alexander Monteith, surgeon-apothecary, Edin- burgh, and died December 1749. He had issue :— (1) Alexander Kennedy of Kilhenzie, who was served heir to his grandfather Alexander Kennedy on 4 May 1754. He was a captain in the army (Duram's Regiment), and died un- married at Killochan, 3 May 1766. (2) Helen, served heir to her brother, 9 November 1773, married to John Shaw of Dalton, and had issue. She was ancestress of the present Mr. Shaw Kennedy of Kirkmichael. 1 See supra and Riddell's Note-Book, 147. 2 Family Hist., 53. 3 Acta Parl. Scot, at dates, and supra. 4 Ibid., xi. 143. 6 Family Hist., 53 and footnote. 6 Ibid., 53 n. f Mun. Alme Univ. Glasguen., iii. 170. 8 Acta Parl. Scot., xi. 143, and supra. 494 KENNEDY, EARL OF CASSILLIS 3. ARCHIBALD, from whom descended Archibald, eleventh Earl of Oassillis. 4. Alexander. 5. William. 6. Thomas. All these children are mentioned in Alex- ander Kennedy's settlement, dated 8 July 1695, and recorded in the Sheriff-Court Books at Ayr, 7 June 1697. ARCHIBALD KENNEDY, the second son of Alexander Kennedy of Kilhenzie, went to New York in 1710 accord- ing to Schuyler's New York, in 1722 according to the family history. He had very good letters of introduction, and was appointed Receiver - General and Collector of Customs of New York. He acquired a large estate called Pavonia near Hoboken in New Jersey. He died at New York 14 June 1763, aged seventy-eight.1 He married, first, Miss Massam, by whom he had issue; and secondly, in December 1736, Maria Walter, widow of Arent Schuyler, by whom he had no children. His issue were : — 1. James, who was killed in the expedition against Oarthagena. 2. Robert, who died unmarried. 3. ARCHIBALD, of whom hereafter. 4. Thomas, a barrister of New Jersey, who died in England unmarried. 5. Catherine, married to Dr. Joseph Mallet, physician in the Army. XIII. CAPTAIN ARCHIBALD KENNEDY of the Navy, who became eleventh Earl of Cassillis, on the death of David, the tenth Earl.2 He distinguished himself in many brilliant actions, particularly in one when upon the Lisbon station, while in command of two men-of-war escorting a convoy, he drove off two French vessels of superior size, and so damaged them that when they put in to Brest they were found unfit for further service. His ship was the Flam- Scots Mag. ; Family Hist., footnote 55 ; he left a will dated 1738, with two codicils dated 13 March 1745 and 10 December 1749, and recorded in the Probate Office, New York Lib., Wills, No. 25, pages 250-253, from which it appears that his two eldest sons were then dead without issue. 2 See p. 493, supra. KENNEDY, EARL OF OASSILLIS 495 borough. For this action he was presented with a hand- some piece of plate, which is now at Oulzean, by the English merchants of Lisbon. He succeeded to his father's estate of Pavonia, and married, before June 1765, Katherine Schuyler, only daughter and heiress of Peter Schuyler, New Jersey, by his wife, Hester Walter, only daughter of John Walter, son of Robert Walter.1 Katherine Schuyler had a large estate, and Lieutenant-Governor Golden said in 1765 that Archibald Kennedy, by right of his wife, possessed more houses in New York than any other man. She died before 21 January 1768, leaving no children, but she bequeathed her large property to her husband. A year or so after her death he married her cousin, Ann Watts, 27 April 1769. She was the daughter of John Watts of New York, by Mi§s de Lancy, a sister of Governor de Lancy.2 She was descended in the female line from the oldest families in New York State, such as the Nicholsons and the Van Rensselaars, descendants of the old Patroon Van Rensselaar. The Watts were descended from the Watts of Rosehill, Edinburgh.3 Captain Kennedy was stationed at Boston in command of H.M.S. Coventry when the famous stamps were received from England, and was requested by the Lieutenant-Governor to receive them on his vessel for safe custody, but he declined. For this and other acts supposed to show sympathy with the insurgents, he was removed from command, and after leaving his ship he retired to live on his estate at Pavonia. He did what he could to avoid raising fresh suspicion in the minds of the British authorities; the consequence was that when the Continental Army occupied New York he was thought far too loyal to the Home Government, and the Committee of Safety ordered him to retire to Sussex County. Schuyler says he obeyed cheerfully, and was permitted to return after a few months. Probably he was not quite so cheer- ful when he returned and found half his property con- fiscated. His house at Pavonia had also been burned by the mob and all his papers destroyed. His town house, No. 1 Broadway, at the Battery, had been appropriated 1 Schuyler's New York. 2 Ibid. 3 They were descended from John Watt of Rosehill, the blacksmith who distinguished himself on the King's side in the tumult of 17 December 1596, and was shot in revenge on 17 April 1601 (Calderwood's Hist., vi. 104). 496 KENNEDY, EARL OF CASSILLIS by George Washington, and to this day the offices which about twenty years ago were built on its site are known as Washington Building. All this property, contrary to the terms of Peace entered into between Britain and the United States, was never restored to the family, and con- sidering his support of the Independent Cause at Boston, was an instance of base ingratitude on the part of the American people. Knowing that he was going to succeed to the earldom of Oassillis he does not seem to have troubled very much about the remaining half of his pro- perty. According to some he sold it to Robert Watts, a loyalist, who had also been confiscated, and who was a cousin of his wife's, but according to others he handed it over to trustees for his children, of whom Robert Watts was one, and in 1803 Watts was appointed agent to sell it.1 He went to England before 2 February 1790,2 as he was described in the supplementary entail executed that day, of the Oassillis and Oulzean estates by David, tenth Earl of Oassillis, as Captain Archibald Kennedy of the Navy, late of New York, then residing in London. He succeeded as eleventh Earl on the death of David, 18 December 1792, and was served heir to him on 12 March 1793. He, however, only enjoyed his title for two years, as he died on 30 De- cember 1794. Ann Watts, his second wife, predeceased him, dying 29 December 1793. She was buried, on 1 January 1794, at the east end of the Chapel of Holyrood House.3 By her he had issue : — 1. ARCHIBALD, twelfth Earl, created Marquess of Ailsa. 2. John, born 1771 ; formerly captain of an Independent Company of Foot. He married, in 1800, Charlotte, only daughter of Laurence Gill,4 which lady died 27 May 1846 ; he died 7th August 1859, aged eighty-eight. 3. Robert, born in 1773 ; married Jane, sister of General Alexander Macomb,5 Commander-in-chief of the Armies of the United States of America, and dying 5 November 1843, left issue by her (who died 20 May 1867) :— (1) John, Secretary of Legation to the British Embassy at Naples, and afterwards to the United States, married, 5 1 See Schuyler's New York. 2 Family Hist., 53. 3 Holyrood Burial, 48. * Family Hist., 55. 5 Ibid., 56. KENNEDY, EARL OF OASSILLIS 497 August 1834, Amelia Mary, only daughter of Samuel Briggs, Esq., and had issue. He died 14 March 1845, leaving :— i. Sir John Gordon, K.C.M.G., late H.B.M. Minister to the Republic of Chile, now H.B.M. Envoy Extra- ordinary and Minister Plenipotentiary to H.M. the King of Roumania, born 18 July 1836, married, 30 October 1877, Evelyn Adela, daughter of the Hon. Edmund Bootle-Wilbraham, and had issue. ii. Sir William Robert, K.C.B., admiral Royal Navy, and Admiral Commander-in-chief at the Nore 1900-1. Born 4 March 1838, married, 12 June 1868, Edith Louisa, daughter of Captain Edward Stopford, R.N., and has a daughter Alice Emily, born 7 June 1870. iii. Edward Briggs, born 28 February 1842, married, 22 April 1875, Caroline Edith, only child of Colville Coverly Jackson, Esq., B.C.S., and has issue. iv. Gilbert George, M.A., Recorder of Grantham 1883-89, now Metropolitan Police Magistrate, Barrister-at- Law, born 9 May 1844, married, 6 August 1874, Alice, daughter of Edward Lyon, Esq. of Johnson Hall, Staffordshire, and has issue. (2) Anne, married, 24 October 1821, to Sir Edward Cromwell Dis- browe, G.C.H., Ambassador to the Netherlands, and died 18 October 1855, having had issue by him, who had predeceased her 29 October 1851. (3) Jane, died 12 February 1862. (4) Sophia Eliza, married, 19 February 1829, to John Levett of Wichnor Park, Staffordshire, and died 22 November 1863, leaving issue. (5) Margaret, who died unmarried. (6) Frances, married, 29 April 1845, to the Baron de Weiller of Heidelberg, who died 1878. (7) Isabella Matilda, twin with Frances, married, 10 October 1844, to Hugh Montgomery Campbell, Esq., captain in the Scots Greys, of Bennington Park, Hertfordshire, and died 2 June 1882, leaving by him (who died 31 August 1892) Arthur William Montgomery Campbell of Bennington Park, Barrister-at-Law. 4. Anne, married, 21 June 1795, to William Henry Digby, Esq. of Twickenham. She died 31 December 1820. XIV. ARCHIBALD, twelfth Earl of Oassillis, and after- wards first Marquess of Ailsa, K.T. and P.B.S., was born February 1770.1 He was served heir to his father in April 1795. In 1790 he raised an Independent Company of Foot, and was lieut. -colonel of the West Lowland Fencibles.2 He must therefore have come over from America the same time as his father. He was a Representative Peer of 1 Family Hist., 56. 2 Now the Ayrshire Yeomanry. 498 KENNEDY, EARL OP OASSILLIS Scotland 1796-1806. On 12 November 1806 he was created BARON AILSA OF AILSA, and on 10 September 1831 he was raised to the further dignity of MARQUESS OF AILSA of the Isle of Ailsa, co. Ayr, both in the Peerage of the United Kingdom. He was a Knight of the Order of the Thistle, 17 July 1821. He was a great friend of King William iv., whose natural daughter his second son John married. He died 8 September 1846, at St Margaret's, near Isleworth, and was buried at Dun. He married, on 1 June 1793, Margaret, second daughter and eventually heiress of John Erskine of Dun in Forfarshire, by whom (who died 5 January 1848) he had issue : — 1. ARCHIBALD, Earl of Oassillis, born 4 June 1794, died 12 August 1832, before his father, having married, at Dun, 1 May 1814, Eleanor, daughter and heiress of Alexander Allardyce of Dunottar. He was a great sportsman, a famous shot, a good rider, and a great walker. He was also, unfortunately, a great gambler, and dissipated his own and his wife's fortune. By his wife, who died 16 November 1832, at Cassillis House, he had issue : — (1) ARCHIBALD, second Marquess of Ailsa, of whom below. (2) Hannah Eleanor, born April 1815, married, 5 July 1836, to Sir John Andrew Cathcart of Carleton, Bart., and had issue. She died 8 May 1877. (3) Alexander, died unmarried. He was born April 1818, and died in October 1832. (4) John, born in September 1819, died unmarried 3 September 1846. (5) David, J.P. andD.L., Ayrshire. Born 17 November 1820, an officer in the East India Company's service, married, 24 Feb- ruary 1873, Mary Hope Vere, widow of W. E. Hope Vere, of Craigiehall, and sister of the ninth Earl of Cork, and has a daughter Evelyn Mary, born 11 May 1874, who married, 17 December 1895, Charles-Helbert Helbert (who died 27 January 1903), and has issue.1 (6) Gilbert, born 14 July 1822, was in the Royal Navy, married, 26 November 1851, Margaret, daughter of Sir David Baird, Bart, (who died 24 March 1903). He died 25 November 1901, and left issue : — i. John Gilbert, born 1 May 1854, served in the German Army. He served also in the South African War, 1900-1902. He married, 11 April 1882, Henriette Maria 1 To Lord David and his younger brothers and sisters a patent of pre- cedence to rank as Marquess's children was granted in 1846, on the death of their grandfather, the first Marquess of Ailsa. KENNEDY, EARL OF OASSILLIS 499 Louise, daughter of Professor Oswald Achenbach of Diisseldorf , and has issue. ii. Thomas Francis Archibald, late lieut. -colonel com- manding 1st Battalion Queen's Own Cameron Highlanders. Born 12 November 1856, married, 3 May 1897, Ethel Mary, widow of Sidney Watson, and daughter of the late Robert Fowler. Lieut.-Colonel Watson-Kennedy served with 1st Battalion Black Watch in Egyptian War of 1882, and since then has had a distinguished military career. iii. Mary Alice, born 28 April 1855, married, 6 May 1876, to Alfred John Howard, Esq., fourth son of Frederick John Howard, M.P. for Youghal, and Lady Fanny Howard (nee Cavendish, sister of the seventh Duke of Devonshire), and has issue. (7) William, captain Royal Artillery, born 30 November 1823, married, 17 September 1846, Cecilia Sarah Jane de Blois, eldest daughter of William N. de Blois of Halifax, and died 5 March 1868, having by her (who died 5 February 1875) had issue : — i. Mary Oswald, born 28 June 1847, deceased, ii. William, born 13 January 1851, late an officer 30th Regiment, married, 1874, Susan, eldest daughter of Edward Funnell, Esq., and died 7 July 1883; his widow married, secondly, 17 November 1886, George Arthur Trevor, captain Royal Sussex Regiment, iii. Mabel Esme, born 20 October 1862, died 5 December 1864. (8) Fergus, born 18 February 1826, an officer in the East India Company's service, died 5 October 1852. (9) Nigel, born May 1828, married, 1st June 1858, Catherine Anne, youngest daughter of Major James Frere May, and had issue by her (who died 1 February 1862) :— i. Fergus de Carrick Frere, born 30 March 1859, died 30 May 1881. ii. James Archibald Frere, born 23 March 1860, died 27 Jan. 1879. iii. Emma Andalusia, born 20 October 1861, married, 25 Oct. 1881, to George, fifth Earl of Portarlington, and by him, who died 31 August 1900, had issue. She married, secondly, 25 September 1901, the Hon. Henry Berkely Portman, and has issue. Nigel married, secondly, 5 November 1866, Elizabeth Charlotte, widow of the Rev. Richard Prankerd Jones of Charfield, Gloucestershire (and sister of Sir John Neeld, Bart.), who died 14 May 1884. He died 18 March 1878. (10) Adolphus Archibald, born 12 July 1832, died 20 June 1842. 2. John, born 4 June 1802, who took the name of Erskine as heir to the estate of Dun. He died 6 March 1831, having married, 5 July 1827, Augusta Fitzclarence, daughter of King William iv. by Mrs. Jordan, and sister of the first Earl of Munster. She survived 500 KENNEDY, EARL OF OASSILLIS him, and afterwards married, 24 August 1836, Lord John Frederick Gordon Halyburton, who died 29 September 1878. She died 8 December 1865, leaving issue : — (1) William Henry Kennedy Erskine of Dun, captain 17th Lancers, born 1 July 1828, married, 18 November 1862, Catherine, only surviving child of John Jones, Esquire of Henllys, Carmarthenshire, and died 5 September 1870, leaving issue : — i. Augustus John William Henry of Dun, late captain Fifth Brigade, Scottish Division R.A., born 1866, married, 3 November 1897, Alice Marjorie Cunning- hame, daughter of Rev. A. L. R. Foote, D.D., of Rosehill, Forfarshire, and has issue. ii. Violet Augusta Mary Frederica, born 1863, married, 27 October 1894, to Arthur Otway Jacob, Esquire, lieutenant 20th Hussars, and has issue, iii. Millicent Augusta Vivian, born 1867, died 2 November 1883. (2) Wilhelmina Kennedy Erskine, born 26 June 1830, married, 17 April 1855, to the second Earl of Munster, her first cousin, who died 30 April 1901, leaving issue. (3) Augusta Milicent Anne Mary Kennedy Erskine, born 11 May 1831, married, 17 April 1855 (the same day as her sister), to the late James Hay Wemyss of Wemyss, and died 11 Feb- ruary 1895, leaving issue by her husband, who died 29 March 1864. (See title Wemyss.) 3. Anne, born 26 June 1797, married, 10 August 1821, to Sir David Baird of Newbyth, second baronet, and has had issue. 4. Mart/, born 4 May 1799, married, 10 December 1833, to Richard Oswald, younger of Auchincruive, who died 9 January 1834. She died in 1886. 5. Margaret, born 16 June 1800, married, 14 November 1817, to Thomas Byre of Hassop, who assumed the title of Earl of Newburgh. He was born 21 October 1790, and died, without issue, on 22 March 1833. Lady Newburgh died 3 September 1889. 6. Alice Jane, born 2 July 1805, married, 19 March 1824, Lieutenant-General Peel (son of Sir Robert Peel, first baronet) formerly Secretary of State for War, who died 13 February 1879, and had issue. XV. ARCHIBALD, thirteenth Earl of Oassillis and second Marquess of Ailsa, born 25 August 1816. He was Lord- Lieutenant of Ayrshire. He served in the Rifle Brigade and 17th Lancers. K.T. 7 March 1859. He died 20 March KENNEDY, EARL OP CASSILLIS 501 1870, the result of an accident in the hunting-field. He married, on 10 November 1846, Julia, second daughter of Sir Richard Mounteney Jephson, Bart., by his second wife, Charlotte Rochfort, daughter of Lieutenant-General Sir John Smith, K.O.B. She died 11, and was buried 17, January 1899, and had issue : — 1. ARCHIBALD, present Peer. 2. Julia Alice, born 22 November 1849, married, 15 Decem- ber 1869, to Colonel Robert William B. Follett, late Colds tr earn Guards, youngest son of Sir William Follett. 3. Evelyn Anne, born 24 August 1851, married, 5 November 1885, to Arthur Young, son of the late Colonel Keith Young, C.B., and had issue. 4. Alexander, late captain Black Watch, late major and lieutenant-colonel 3rd battalion Black Watch, born 6 October 1853. He had a distinguished military career. Married, 1 April 1881, Beatrice, eldest daughter of George T. Gordon of Cuckney, J.P., D.L. of Cuckney, Nottinghamshire, and has issue : — (1) Irene Clare, born 1 March 1882. (2) Hermione Julia, born 11 April 1883. 5. Constance Eleanor, born 4 October 1855, married, 28 April 1891, to Colonel Lionel Grimston Fawkes, R.A., and has issue two daughters : — (1) Monica, born 1892. (2) Lois, born 1896. 6. John, lieutenant 4th Royal Scots Fusiliers (Militia) born 4 April 1859, married, 12 February 1890, Mary Adelaide, eldest daughter of Colonel Alexander Lear- month, M.P., of Dean, Midlothian, formerly 17th Lancers. Lord John died May 1895, without issue. XVI. ARCHIBALD, third Marquess of Ailsa, and fourteenth Earl of Cassillis, late lieutenant Coldstream Guards, and captain in the army, D.L. for Ayrshire, hon. commander Royal Naval Reserve, also lately lieutenant commanding Clyde Royal Naval Artillery Volunteers, born 1 September 1847, married, first, on 7 March 1871, Evelyn, third daughter of Charles, twelfth and last Lord Blantyre, and by her (who died 26 July 1888) has issue :— 1. ARCHIBALD, Earl of Cassillis, born 22 May 1872, captain 3rd battalion Royal Scots Fusiliers, served in South VOL. II. 2 K 502 KENNEDY, EARL OF CASSILLIS Africa 1900-2, and has two medals and five clasps, advocate, Edinburgh, D.L. for Ayrshire. He mar- ried, on 30 April 1903, Frances Emily, third daughter of Sir Mark Stewart, Bart., of Southwick, Kirkcud- bright, and Ardwell, Wigtownshire, M.P. for Stewartry of Kirkcudbright, and Marian his wife, only child of John Orde Ommaney (son of Sir Francis Ommaney, Gentleman Usher to H.M. George iv.), and Susanna, daughter and heiress of Sir John MacTaggart of Ard- well, Bart. Sir Mark Stewart is descended from a younger branch of the Stewarts of Physgill, cadets of the Stewarts of Garlies. 2. Charles, born 10 April 1875. Served in South Africa 1900 and 1901, and has medal with clasps. 3. Evelyn, born 5 April 1876, and died 9 January 1886. 4. Aline, born 31 July 1877, married, 17 December 1901, to the Hon. John Edward Dean Browne, only son of Francis William, fourth Baron Kilmaine, of The Neale and Gaulston Park, Ireland, and has issue : — John Francis Archibald, born 22 September 1902. 5. Angus, born 28 October 1882. Lord Ailsa married, secondly, on 3 November 1891, Isabella, daughter of the late Hugh MacMaster, Esq., of Kausani, North- West Provinces, India, and has by her : — 6. Hugh, born 19 January 1895. 7. Marjory, born 4 September 1898. CREATIONS. — 20 March 1457-58, Lord Kennedy; October 1509, Earl of Oassillis, in the Peerage of Scotland. 12 November 1806, Baron Ailsa of Ailsa ; 10 September 1831, Marquess of Ailsa, in the Peerage of the United Kingdom. ARMS. — Argent, a chevron gules between three cross crosslets fitchee sable, within a double tressure flory counterflory of the second. CREST. — A dolphin naiant proper. SUPPORTERS. — Two swans proper, beaked and membered gules. MOTTO.— Avise la fin. [o.] Catljcart CATHCART, EARL CATHCART HE Oathcarts in a direct male descent of more than six hundred years have given to their sove- reigns good servants in court and camp.' Thus the Historical Manu- scripts Commissioners comment upon the Oath- cart family papers, and they add: 'Three of their house fell at Flod- den. In the eighteenth century the chiefs and cadets of this house filled many offices of trust and command, and the many hundreds of letters and papers in the possession of the pre- sent Earl of Oathcart well illustrate their services.' l The surname is local. According to Chalmers, King David i. granted to Walter, son of Alan, ' dapifer Regis,' the territory of Renfrew, including among many others the lands of Katkert:2 Walter's followers formed a sort of military settlement. The British Caethcart signifies the strong place on the river Cart. The first of the family found in Scottish record is : — RAINALDUS DB KETKERT, who is witness to a charter by 'Alanus filius Waited dapifer Regis Scotie' of the pat- ronage of the church of Kethcart to the monastery of Paisley about 1177-99.3 He is no doubt the same person 1 Second Rep. Hist. MSS. Com., 24. 2 Caledonia, iii. 778; Scottish Land Names (Sir H. Maxwell), 16. 3 Registrum Monasterii de Passelet, f. vi. ; Bannatyne Club ed., 11 ; Sir J. Dalrymple's Coll., Ixvii. 504 OATHOART, EARL OATHOART who as t Ranulf us de Ketkert ' appends his name as a witness to a similar charter in favour of the Church and monks of Paisley about 1202-3,1 while again as ' Reginaldus de Catthe- kert ' he is a witness to another charter by ' Alanus filius Walteri ' to Robert Croc of the lands of c Kellebrid ' (Kil- bride) about 1200.2 The next of the name who appears is WILELMUS DE OATHKEBT, who, with Alan his son, is a witness to a charter whereby ' Dungallus filius Christini,' judge or dempster of Lennox, exchanged the lands of ' Onoc ' (Knock) for lands near ' Walkeinschaw ' with the Abbot of Paisley about 1234.3 ALAN DE OATHKEBT, probably Alan the son of William, already named, appends his seal to a resignation made by the Judge of Lennox to the abbot and convent of Paisley of the lands of ' Oultbuthe ' (Oulbowie) about 1234,4 and is a witness to a charter, dated the Thursday before the feast of St. Barnabas 1240, of the Great Steward of Scotland to Sir Adam Fullarton, of the lands of Fullerton in Kyle.5 It is probably the same ' Alan de Oathkert ' who was ' Oonstabularius de Are ' 6 in the reign of Alexander n. 1214-49, and who styles himself 4 Dominus ' Alan of Kath- kart when appearing as witness to a charter in the chartu- lary of Glasgow 1214-27.7 His wife is not known, but he is said to have had issue : — 1. WILLIAM.8 2. Cecilia, who married John de Perthic. WILLIAM DE KATHKEBT is witness to a charter by his sister Cecilia as wife of John de Perthic in favour of the monastery of Paisley of all her lands in the village of 4 Ruthglen ' about 1262.9 SIB WILLIAM DE KATHKEBKE was one of the Scottish barons who swore fealty to King Edward i. at Berwick-on- Tweed 28 August 1296. 10 Like many of the Scottish barons 1 Reg. de Passelet, f. vii. 2 Fraser's The Lennox, ii. 2. 3 Reg. de Passelet, f. cviii. 4 Ibid., f. cvi. 5 Douglas. 6 Liber de Metros, i. 201. 7 RegistrumEpiscopatusGlasguensis, 103. 8 Douglas. 9 Reg. de Passelet, f. ccxxxvi. 377. 10 Cal. of Docs., ii. 205. It is probably his seal which has been preserved in the Westminster Chapter House collection attached to a fragment of a homage, and bearing crescent and star with ' S'WILL'I DE CHATKEBT.' Ibid., App. iii. No. 593. OATHOART, EARL OATHCART 505 Sir William appears to have pursued a somewhat vacillating policy with regard to the claims of Edward i. of England to the Kingdom of Scotland, for, three years later, he and his esquire are among certain prisoners in England,1 whom the King (Edward i.) ' at the prayer of the wife of William Fitzwarin ' empowers the Bishop of Durham and others by patent dated 7 April 1299 to exchange for William de Ros and Walter de Thornton English prisoners in Scotland, 'or make better terms if they can, but as quickly as possible.' The exchange, however, did not take place, for on 10 July of the same year King Edward commanded certain Scottish prisoners in England to be brought to York by the feast of St. Peter, amongst whom are Sir William de Oathcart and his valet.2 He is possibly the same Sir William.de Oathcart who appears again on the English side in December 1309, and, as one of the ' Knights of Roxburghe garrison,' is supplied with one cask of wine, etc., at the charges of Edward n.3 In all probability he was the father of SIB ALANE OF OATHCART, who became a prominent adherent of the national party under King Robert Bruce. He accompanied Edward Bruce in his raid into Galloway in the summer of 1308, and was one of the fifty horsemen who, according to Barbour, attacked and dispersed fifteen hundred English cavalry under John de St. John. Sir Alan appears to have himself related the particulars of this encounter to Barbour, who describes him thus : — ' A Knycht that then was in his rout, Vorthy and vicht, stalward and stout, Curtass and fair and of guide fame Schir Alane of Catcart be name Tald me this taill as I sail tell.' 4 He is designed * Alanus de Cathkert dominus ejusdem ' in a donation he made to the Dominican Friars of Glasgow of 20 shillings sterling yearly from his lands of Bogtoun of Oathcart to buy oil for supporting the lights in their church, 14 August 1336.5 He married a sister of Sir Duncan 1 Cal. of Docs., No. 1062, and Hist. Doc. Scot., ii. 369. 2 Cal. of Docs., ii. No. 1077 ; Hist. Doc. Scot., ii. 381. 3 Cal. of Docs., iii. No. 121. 4 Hailes, Annals, ii. 33; Barbour, f. 70 b, c, Scot. Text. Soc. ed., i. 230. 6 Liber Collegii Nostre Domine, Maitland Club ed., 158. Archives, University of Glasgow, 61 D. 506 CATHOART, EARL CATHOART Wallace of Sundrum,1 and by her had a son 2 and successor in the Oathcart estates. ALANUS DE CATHKERT, miles, dominus ejusdem. He suc- ceeded to the baronies of Sundrum, Dalmellington, and Auchencruive, in the county of Ayr, upon the death, without issue, about 1376, of his maternal uncle Sir Duncan Wallace, who, on 22 October 1373 had a charter to himself and Eleonora Bruce, Countess of Carrick, his wife (see p. 437), of these baronies with remainder, in failure of heirs of his body, to ' Alano de Cathkert ' and the heirs- male of his body.3 By charter dated 1 August 1387 Elizabeth Wallace, Lady of Cragyne or Oraigie, granted to her kinsman Alan de Cathkert, knight, lord of that Ilk, 10 silver merks yearly from the lands of Eagleshame.4 He entered into an indenture with Roger de Crawfurd of Daleglis at Sundrum the Thursday after Christmas day 1384, by which part of the barony of Dalmellington was pledged to Roger for £46, 3s. 4d. sterling, paid by him to ' Alan in his great necessity.' 5 He had also a lease of the rents of the church of Maybole from Elena de Carrie, Prioress of North Berwick, as appears from a receipt granted by her on 6 October 1386." He was succeeded by his son ALANUS DE OATHCART, miles, dominus ejusdem, who in 1406 confirmed the Dominican Friars of Glasgow in the annual- rent from the lands of Bogtoun granted by his grandfather.7 On 4 May 1401 he witnessed a charter by the Lord of Pollok in favour of the latter's son,8 and on 2 November 1404 he appears to have been in attendance on King Robert in. at Dundonald Castle, where he witnessed a charter in favour of Sir Gilbert Kennedy of the lands of 4 Caslis et Gilletre.' 9 He was succeeded by his son ALANUS DE OATHCART, dominus ejusdem, who entered himself as a hostage for King James i. in England by permis- sion of Henry vi., granted 20 June 1432, in place of Malcolm Fleming.10 He remained in captivity until 11 February i Crawfurd's Peerage, 77. 2 Ibid. 3 Reg. Mag. Sig., folio vol. 102. 4 Family Charters, No. 1. 5 Confirmed 31 May 1427, Reg. Mag. Sig. 6 Original receipt in Gen. Reg. Ho., No. 185. 7 Liber Collegii Nostre Domine, 226. 8 Memoirs of the Maxwells of Pollok, i. 144. 9 Reg. Mag. Sig., 2 Aug. 1450. w Fadera, iv. pp. iv, 179. CATHOART, EARL OATHOART 507 1445-46, when he received permission to substitute his son in his place.1 He appears to have died shortly after re- turning to Scotland, and to have been succeeded by his son2 I. SIR ALAN OP OATHCART, who in 1442 redeemed the lands of Carltoun and others in Oarrick and other lands in the barony of Sundrum from John Kennedy of Coyff , which had been mortgaged by Sir Alan Oathcart his grandfather.3 On 16 August 1450 he confirmed the Dominicans of Glasgow in the annualrent from the lands of Bogtoun granted by 4 Alanus de Oathkert antecessor me us.' 4 In company with one hundred other persons under the Earl of Douglas, he received a safe-conduct from Henry vi. to pass through England on 23 April 1451. 5 In the Exchequer Rolls for July 1451 he is referred *to as the owner of certain hides taken furth of the country, the customs being unpaid, in a ship which carried Earl Douglas, and is designed * Dominus de Cathkert,'6 and in the following year there is an entry under date 4 December 1452, to the effect that the rents of the lands of Turnebery and Dundonald have been paid to Alan, Lord Oathcart.7 On 31 July 1452 King James n. granted a charter to him as Alan, laird or lord of Oathcart, erecting the lands of Cathcart, Talgart, and of Bogtoun in Renfrewshire into one free barony in all time coming to be called the barony of Oathcart.8 It is probable, therefore, that he was created LORD CATHOART between July and December 1452. He certainly sat as one of the barons in the Parliament held in Edinburgh 18 July 1454.9 In the 'Decreet of Ranking' of the Scottish nobility, 5 March 1606, Lord Cathcart is placed next Lord Ochiltree and before Lord Carlyle. In support of his claim the then Lord Oathcart, in apparent ignorance of the true date of the creation, produced (first) an Act of Parliament under the 1 Botuli Scotice, ii 327. 2 Crawfurd, 77. 3 Charter of Resignation dated 24 March 1446 and 24 January 1447. Family Charters, Nos. 5 and 9. 4 Liber Coll. Nostre Domine, 168. 5 Cal. of Docs., iv. 250. ° Exch. Rolls, v. 439. 7 Ibid., v. 523. 8 Family Charters, No. 9/3. 9 Supra A eta Part. Scot. , 23. There exists a seal attached to a Glasgow College Charter of date about 1450 which has ' three cross crosslets fitche'e issuing from as many crescents, crest on a helmet, a lady's head and shoulders affrontee. Supporters, two savage women. Legend : S' ALANIS DNI CATHKERT.' Macdonald's Armorial Seals, 385. 508 OATHOART, EARL CATHOART subscription of the Clerk of Register dated 9 October 1460 l bearing a decree betwixt Alan, Lord Cathcart, on the one part, and Alexander Erskine and Christian Crichton his spouse, on the other, and (second) an Act of Parliament bearing that Lord Cathcart sat as a Lord of Parliament 2 November 1479.2 But, as has been stated, Lord Cathcart sat as such in Parliament on 18 July 1454, and he also sat in the Parliaments of 9 October 1460,3 11 October 1464,4 and 30 November 1469,5 and thereafter almost yearly until 1487.6 It is certainly strange that one who had been a companion and adherent of the turbulent Earl of Douglas should within a year have been raised to the Peerage, but it should be noted that about this time several of the more moderate followers of the Earl, disapproving of his treason- able negotiations with England, went over to the King's party. Lord Cathcart rapidly rose in favour under King James n. and his successor James in., and held many important offices. He was appointed to remain with James in. at Berwick for negotiating a truce with England, 1464- 65.7 He was sworn-in Warden of the West Marches at Holyrood House 11 April 1481,8 and in the same year he was on the Assize for the trial of Lord Lyle for treason.9 He had charters of the lands and barony of Auchencruive and Clananys in Ayrshire 2 July 1465,10 and received a grant of the lands of Trabeath in King's Kyle, then in the hands of the Crown by the forfeiture of Lord Boyd.11 As a special mark of favour James in. granted to him the barony to- gether with the Constabulary of the Royal Castle and of the Dominical lands of Dundonald in Ayrshire, 13 December 1482, 'pro ejus gratuitis servitiis progenitori regis et regi ipsi impensis,' 12 and in 1485 he was appointed Master of the King's Artillery.13 His name is frequently appended as a witness to the royal charters of this period, and it may be inferred that he was in close attendance upon the King. Lord Cathcart lived to an advanced age. On 23 June 1494 he appeared as pursuer with the Archbishop of Glasgow 1 This date (1460) appears to be erroneous, as the Lords Auditors made a decree betwixt these parties relating to the same action on 9 October 1466 (Acta Dom. And., 3). 2 Riddell Papers, No. 30. 3 Ibid. 4 Reg. Mag. Sig. 5 Riddell Papers. 6 Acta Part. Scot., ii. passim. 7 Ibid., supra 30a. 8 Ibid., ii. 132b. 9 Ibid., ii. 137b. 10 Reg. Mag. Sig. " Family Charters. 12 Ibid. 13 Spottiswood's Practicks, 361. OATHCART, EARL OATHOART 509 and his grandson and heir-apparent, Sir John Oathcart, in an action against Alan Cathcart of Clolynan, another grandson, and Matthew Wallace of Craigie.1 He died in 1497 before 3 October,2 and was interred in the convent of the Black- friars at Ayr.3 He married Janet Maxwell,4 and had issue : — 1. Alan? who predeceased his father, leaving a son : — (1) JOHN, second Lord Cathcart. 2. David of Clolynan and Pennyfodzach.6 He married Margaret, daughter of Sir Alexander Boyd of Duncoll,7 and, dying before his father, left a son : — (1) Alan of Clolynan.8 3. Hugh,* first of the Cathcarts of Trogwein or Trevor. 4. John, of Galryne.10 5. Helenor, married to David, son of John Stewart of Craigiehall u (contract dated 19 March 1473 12). In respect of this marriage, John Stewart paid Lord Oathcart 85J merks.13 And probably 6. Christian, married to Alexander Hamilton of Brent- wood.14 7. Margaret, married to Sir William Sempill of Oastle Sempill, Sheriff of Renfrew.15 II. JOHN, second Lord Oathcart, grandson of the preced- ing, had a charter from his grandfather of the lands of Trabo, dated 30 April 1487.18 Amongst the family papers is an instrument of sasine,17 following on a royal precept in his favour of the lands of Cathcart, dated 4 July 1497, and a warrant 18 from James iv. to the Sheriff of Ayrshire to serve John heir to his grandfather in his estates in that county, dated 2 September 1499. He had a charter to himself and Margaret Douglas his wife of the lands of Auchencruive in Ayrshire, 12 August 1499,19 and a grant from the King as Steward of Scotland, of the lands of Ololynane, Hillhouse, 1 Acta Dom. Cone. ,33d. 2 Memorials of the Montgomeries, ii. 51. 3 Craw- furd. 4 Family Charters, No. 36. 6 Crawfurd. 6 Family Charters, No. 42. 7 Ibid. ; Acta Dom. And., 115, 127. 8 Family Charters, No. 64. 9 Ibid., No. 42. 10 Ibid. n ActaDom. Cone., 115 ; Acta Dom. And., 140. 12 Family Charters, No.13. 13 Ibid., No. 25. 14 Acta Dom. And., 150. 15 Reg. Epis. Glas- guen., ii. 506-516. 16 Family Charters, No. 53. 17 Ibid., No. 68. 18 Ibid., No. 75. is Reg. Mag. Sig. 510 OATHCART, EARL OATHOART and Holmys, 6 March 1504-5,1 and another of the lands and barony of Sundrum, dated 21 March 1511-12,2 all of which had been forfeited by Alan, Lord Oathcart, his grandfather, who had alienated the greater part of them without having obtained the King's consent. He does not appear to have taken an active part in public affairs, and is only recorded as being present in Parliament on one occasion,3 in 1528. He died in December 1535, and was succeeded by his grandson.4 He married, first, Margaret, daughter of John Kennedy of Blairquhan,5 and, secondly, Margaret, daughter of Sir William Douglas of Drumlanrig,6 and had issue : — 1. ALAN, Master of Oathcart.7 He had a charter to Alan Oathcart, 4 son and heir-apparent of John, Lord Oathcart, and to Agnes Lile, wife of the said Alan,' of the lands of Oathcart and Bogtoun in Renfrew- shire, 9 August 1507.8 She was Agnes, daughter of Robert, Lord Lyle,9 and had a grant of the lands of Newark from her father, 3 September 1492 (confirmed 16 May 1494 10) ; she was married, secondly, to John Maxwell of Stainly.11 Alan was killed at Flodden12 with two of his brothers, leaving issue a son — ALAN, third Lord, of whom hereafter. 2. Robert, by the second marriage.13 He had a charter from his father of the lands of Killunquhane (Killochan) in Ayrshire, confirmed 4 March 1505-6.14 He married Margaret, daughter and co-heiress of Alan Cathcart of Carleton,15 who with her sister Sibyll had sasine of Oarleton 1509.16 By her (who was married, secondly, to Hugh Campbell17) he had issue. He was killed at Flodden,18 and 1 Reg. Mag. Sig. 2 Ibid. 3 Acta Parl. Scot., ii. 322. 4 Crawfurd, 78. 5 Ibid. 6 Family Charters, 263 ; Reg. Mag. Sig., 4 March 1505-6. 7 Ibid. 8 Family Charters, Bundle u. No. 13; Eeg. Mag. Sig. ; and cf. Ibid., May 1510. 9 Crawfurd. 10 Reg. Mag. Sig. n Douglas. 1S Instrument in Family Writs. 13 Reg. Mag. Sig., 4 March 1505-6. 14 Ibid. 15 Acta Dom. Cone., MS. xxii. f. 134. 16 Exch. Rolls, xiii. 660. " Reg. Mag. Sig., 8 Sep- tember 1525. 18 On 2 March 1516 Elena Chalmer, relict of William Wallace of Craigo and Carnhill, and James Wallace, son and heir of the deceased William Wallace, and John, Lord Cathkert, appeared before the Sheriff of Ayrshire, and craved instruments to the effect that the said William Wallace of Craigo, and his son, John Wallace, went to the battle of Flodoun and were slain, in which field, also, three sons of the said Lord Cathkert died and were slain.— Notarial Instrument among Family Charters. OATHOART, EARL OATHOART 511 was succeeded in the lands of Killochan by his son: — (1) Robert, who was served heir to his father, 20 December 1524, and had a charter of half the lands and barony of Carleton from his mother, 4 June 1538, with consent of her second hus- band, Hugh Campbell (confirmed 28 July 1538). l From him are descended the Cathcarts of Carleton and Killochan,2 the present representative being Sir Reginald Archibald Edward Cathcart, Baronet of Carleton, Killochan Castle, Ayrshire. The first Baronet was Sir Hew Cathcart, who was created a Baronet of Nova Scotia 20 June 1703. From him are also descended the Cathcarts of Genoch, Wigtownshire.3 3. John of Glendowis,4 who was infeft in half of the lands of Ololynane, Hillhouse, and Holmes of Dundonald.5 He married Sibyll, second daughter and co-heiress of Alan Cathcart of Carleton, as appears from an action, ' King v . Margaret and Sibbil Cathcart,' for marrying without leave, when it was alleged for the defence that Lord Oathcart had the King's leave.6 He was killed at Flodden with his two brothers.7 He was survived by his wife, Sybyl Cathcart, who died circa 1527.8 By her he had two daughters : — (1) Jonet, who succeeded him in half the above lands of Glen- dowis, Clolynane, Hillhouse, and Holmes, and received sasine.9 She was married to Robert Crawfurd, brother of Bartholomew Crawfurd of Kerse (contract dated March 1529), 10 by whom she had a son : — i. William, who had a charter of the above lands of Clolynane, Hillhouse, and Holmes, subject to the liferent of his father and mother, dated 12 May 1539. » (2) Marion, married to Gilbert Graham of Knockdolian.12 4. David of Duchray 13 and Clavannis.14 He married Agnes, daughter of Sir George Crawfurd 15 of Leiffnoris,16 by whom he had a son : — (1) Alan, who married Janet,17 daughter and co-heiress of 1 Reg. Mag. Sig. 2 Crawfurd, 78. 3 Douglas. 4 G. Ros, Protocol Book, MS., f. 66. '° Ibid., 686. 6 Ada, Dom. Cone., MS. xxii. November 1510, 133, 134. In the Eglinton Charter-chest there are two seals appended to a precept for infefting Hugh, Earl of Eglinton, in the lands of Drum- lonford in Ayrshire, 24 February 1511-12. The first, a fess between three cross crosslets fltchee : in honour point a human heart : ' S' JOHANNIS CATHKERT.' The second, a stag's head contourne" between three cross crosslets fitchee : ' S' SIBEL CATHKERT.' Macdonald's Armorial Seals, Nos. 387, 388. 7 Instrument in Family Writs. 8 Exch. Rolls, xvii. 740. 9 G. Ros, Protocol Book, f. 66, 686. 1° Ibid., 896. " Reg. Mag. Sig. 12 Acta Dom. Cone, et Sess., i. 22; Reg. Mag. Sig., 24 October 1570. 13 Ibid., 8 July 1541. w G. Ros, Protocol Book, i. 105. 15 Ibid., 806. 16 Nisbet's Heraldry, i. 242. " Ibid. 512 CATHCART, EARL OATHOART William Cathcart of Carbiston, from whom the Cathcarts of Carbiston are descended ; 1 the present (1904) representa- tive of the family being Robert Cathcart, Esq. of Carbiston, Ayrshire, and Pitcairlie, Fifeshire.2 5. Hugh of Arvy.3 He had a charter of the lands of Arvy from his father (instrument dated 14 September 1517 4), and of the lands of Knockskaith, in the barony of Dalmellington, 4 December 1516.5 He married Egidia Orawfurd, daughter of John Orawfurd of Drongane.6 6. Jonet, married to John Orawfurd of Drongane,7 Ayr- shire, and received 400 merks of tocher for the marriage from her father.8 7. Sibella, married to John Wallace of Oraigie, Ayrshire,9 son and heir of Hugh Wallace of Oraigie. 8. Jean, married to John Shaw of Haily, Ayrshire.10 9. Margaret, married to John Hunter of Hunterston,11 from whom the family of Hunter of Hunterston are lineally descended, the present (1904) representative being Mrs. Hunter-Weston, of Hunterston. III. ALAN, third Lord Oathcart, who succeeded his father as 'Master of Cathcart.' He witnessed a charter of 6 December 1531 (confirmed 6 January 1531-32 12). He had a charter from his grandfather of the lands of East Barquhay, in the barony of Sundrum, 31 October 1533. He succeeded his grandfather, John, second Lord Oathcart, in 1535,13 and had Orown charters of the lands and barony of Cathcart, in Renfrewshire, and of the lands and barony of Auchencruive, the lands of Hillhouse and Holmes, the lands and barony of Sundrum, and the lands and barony of Dalmellington, in Ayrshire, all dated 8 July 1541 u (which lands he had resigned into the King's hands on 4 March 1537-38) to himself and the heirs-male of his body, whom failing, to Robert Oathcart of Oarleton, David Oathcart of Douchra, Hugh Cathcart of Arvy, William Cathcart of Carbiston, Alan 1 Crawf urd, 78. 2 Burke's Landed Gentry. 3 Reg. Mag. Sig. , 8 July 1541. 4 G. Ros, Protocol Book, i. 63. 5 Family Charters, No. 46. 6 G. Ros, Pro- tocol Book, i. 63. 7 Ibid., 94a. 8 Family Charters, No. 53. 9 Ibid., No. 39. 10 Crawfurd, 78. n Hunterston Charter-chest. 12 Reg. Mag. Sig. 13 Craw- furd, 78. 14 Reg. Mag. Sig. CATHOART, EARL OATHOART 513 Oathcart of Troweir, William Oathcart of Bardaroch, James Cathcart of Drumjowan, William Oathcart of Drumsmoden, Hugh Oathcart of Nether Drumsmoden, John Oathcart of Glendowis, and the heirs-male of their bodies successively, whom failing, to his nearest heir-male bearing the name and arms of Oathcart. Unlike his grandfather, John, second Lord Oathcart, he entered actively into public life. He was one of the nobles chosen to be in the van of the Scottish army led by James v. against the English expedition under the Earl of Norfolk in October 1542.1 He attended the Parliament of 1544.2 He had a commission of justiciary granted to him by Queen Mary at Dumbarton 7 July 1546.3 He sold Oathcart Castle and lands in Renfrewshire, 25 November 1543, to William, Lord Sempill, Gabriel Sempill, his brother, and John Blair of Blair, who divided the estate into three portions, Lord Sempill obtaining Oathcart Oastle and adjoining lands, John Blair of Blair the lands of Bog- toun, and Gabriel Sempill those of Langside, as appears from an instrument on the division of the lands.4 Sub- sequently Lord Sempill made over his share of the estate to his brother Gabriel.5 Alan, third Lord Cathcart, was killed 10 September 1547, at the battle of Pinkie or Faw- side.6 By his testament, dated the day on which he was killed, and which he executed at Monktounhall, a place not far from the scene of the battle, he left his estate to his son Alan, Master of Oathcart, and his wife, Helen Sempill, and directs his executors to order ' mass and dirige to be said for the hele of my soul at the Blackfriars at Ayr, where my forebears lyis.' 7 He married Helen, eldest daughter of William, second Lord Sempill,8 and by her had issue : — 1. ALAN, fourth Lord Oathcart. Also a natural son, Alan.9 1 Hamilton Papers, i. 286, where he is styled Lord Sundrum ; Reg. Mag. Sig., 23 December 1543, 12 March 154445. 2 Acta Parl. Scot., ii. 446. 3 Family Papers. 4 Family Charters ; Blair Charters. 6 Reg. Mag. Sig., 23 December 1543, and 12 March 1544-45; William Shaw, tenth Lord Cathcart, repurchased the 20 shilling lands of the Castlemains of Cath- cart, with the tower and certain portions of land from the trustees of James Hill for £7000 (Disposition registered at Edinburgh 15 August, and dated 2 April 1805). 6 Exch. Rolls, xviii. 469 ; Services of Heirs, ii. 9, dated 14 March 1548 and recorded July 1795. 7 Family Writs. 8 Family Charters ; Estimate of Scots Nobility, Alex. Hay, 1577, Grampian Club ed., 26. 9 Family Writs. 514 OATHOART, EARL OATHOART IV. ALAN, fourth Lord Cathcart, born 1537.1 He suc- ceeded his father at the age of ten years, and was served heir to him on 14 March 1548. 2 Lord Sempill acted as his guardian in accordance with the directions contained in his father's testament, and inter alia undertook by contract (registered at Edinburgh 24 June 1550) to give the young lord in marriage to Elizabeth Orichton, the eldest daughter of Lord Sanquhar.3 For some reason not recorded this arrangement did not come off, and by a contract dated 15 July 1555 Lord Sempill agreed to pay Elizabeth Orichton £1000 Scots for failure to implement the bargain.4 Lord Cathcart early embraced the reformed religion. On 4 Sep- tember 1562 he subscribed a 'band' by the noblemen and gentry of Ayrshire l that we and everyone of us will maintain this holy evangill now of His free mercie offered unto this realm.' 5 When Lord Oathcart arrived at manhood Scotland was torn between two factions. On the one hand, the dis- satisfied and more earnestly Protestant nobles and lairds were moving about in open rebellion. On the other, the Lennox faction, which also included many Protestant noble- men, such as the Earl of Morton, remained loyal to the King and Queen.6 To the latter faction Lord Cathcart attached himself, and with a number of the more moderate of the western nobles entered into a 4 band ' for the defence of the King (Henry Darnley) and Queen Mary, upon 18 September 1565.7 He was appointed to be in the vanguard of the royal army which marched from Edinburgh against the rebels at Dumfries on 8 October 1565.8 Upon the death of Darnley and the rise of Bothwell, Lord Cathcart, probably becoming alarmed at the increasing power of the Papal party, trans- ferred his allegiance to the Regent Moray.9 He was joined by a number of nobles who had hitherto remained faithful to the Queen, amongst others the Earl of Eglinton and Lords Fleming, Livingstone, and Boyd.10 He rapidly rose to a position of great eminence in the Protestant party, and appears to have been relentlessly opposed to the claims of 1 Particulars of Present State of Nobility of Scotland, 1589, Grampian Club ed., 61. 2 Special Retours, Ayr, No. 702. 3 Cathcart Writs. This was by way of making amends for the death of Lord Sanquhar, whom Lord Sempill had murdered (Renfrewshire Collections, ii. 19). 4 Reg. of Deeds, i. fol. 184. 6 Memorials of the Montgomeries, ii. 192. 6 P. C. Reg., xiv. 18. 7 Ibid., i. 363. 8 Ibid., 379. 9 Ibid., xiv. 23. 10 Ibid. CATHCART, EARL OATHOART 515 Queen Mary. With Morton, Mar, Glencairn, Semple, and other nobles, he was accused by her Commissioners at the Conference at York, October 1568, with having beset the Queen on her way to Dunbar, imprisoned her at Lochleven Castle 17 June 1567, intromitted with her ' Cunzie House ' and money, and with having pretended to crown her son at Stirling, 25 July 1567, then ' bot of threttene monthis auld,' and lastly, with having beset their Sovereign on the road to Dumbarton, overthrown her force, and caused her to take refuge in England.1 Lord Cathcart joined the Regent Moray's Council Board in February 1568-69,2 and was created a member of the Privy Council.3 He was present at the Conventions held at Stirling February 1568-69,4 at Perth July 1569,5 at Edinburgh the day of the funeral of the Regent Moray, 14 February 1569-70,6 at Edinburgh 14 March 1569-70,7 and at Lennox's Canongate Parliament 14 and 19 May 1571 .8 He voted against the Queen's divorce from Bothwell July 1569.9 On 1 May 1579 he received a commission with the Earls Morton, Angus, Mar, Eglinton, and Lords Ruthven and Boyd, to prosecute the Hamiltons, and upon the 7 November of the same year he was awarded the thanks of Parliament.10 In November 1579 he was appointed Master of the King's Household,11 and was frequently present in Council,12 and in attendance at Holyrood.13 He was one of the Commissioners who in- vestigated the revelations by Scott of Balweary of the 4 band ' between the rebel northern Earls and Bothwell, whereby ' the King should have been taken and committed to perpetual prison, the Prince crowned, and Hamilton, Errol, and Angus chosen Regents,' 11 February 1594-95.14 He was ordered to receive the prisoners taken by Lord Cassillis in his ' last conflict with Kennedy of Bargenny,' 17 December 1601. 15 He was appointed a Justice of the Peace for Ayrshire at the institution of the body 6 Novem- ber 1610.18 He had charters of the lands of Gas and Car- biestoun 12 June 1576,17 and of the lands of Dalmellington, Auchencruive, and others, these lands being erected into 1 Calendar of Scottish Papers, ii. 520, 553. 2 Ibid., xiv. 23. 3 P. C. Reg., ii. 13. * Ibid., xiv. 26. B Ibid., 27. 6 Ibid., 32. * Ibidm, 42. 8 Ibid., 97. 0 Ibid., ii. 8. 10 Ibid., iii. 150, 165. " Exch. Rolls, xx. 342; xxi. 123. 12 P. C. Reg. ; Calendar of Border Papers, i. 13 P. C. Reg., iv. 346. 14 Ibid., v. 205-206. 15 Ibid., vi. 323. 16 Ibid., ix. 77. 17 Reg. Mag. Sig. 516 CATHCART, EARL OATHOART baronies 4 March 1607,1 entailed on himself and on his grand- son Alan, Master of Cathcart, and the heirs-male of their bodies, whom failing, on Gilbert Cathcart, his second son, and the heirs-male of his body, whom failing, on John Cath- cart of Carleton. He had a Crown charter of the lands of Easter Carbiestoun 17 July 1602.2 In a list and character of the Scots nobility, written probably about 1583-1602, there is a reference to Lord Cathcart, c an ancient name and house and of some good friends. He is one of the Masters of Household to the King. His lyvinge and power not greatly valued.'3 He died in December 1618,4 having outlived his son. He married, first, Margaret, daughter of John Wallace of Craigie,5 and, secondly, Florence McDougal, relict of John Kennedy of Baltersane,6 and had : — 1. Alan, Master of Cathcart, born 1562.7 By his con- tract of marriage, dated 9 February 1593-94, with Isobel, daughter of Thomas Kennedy of Bargany, he received from his father the lands of Monyvegis and others.8 He died before his father, his testament being confirmed 23 July 1603.9 By his wife Isobel Kennedy he had an only son, ALAN, fifth Lord Cathcart. He had also a natural son, Alan, mentioned in his father's will. 2. Gilbert.10 Also two natural sons, Robert and John,11 and a natural daughter, Margaret.12 V. ALAN, fifth Lord Cathcart, who succeeded, born circa 1600. He was educated at the University of Glasgow, matriculating on 3 April 1615.13 He was served heir to his grandfather 8 May 1619,14 and had charters of the lands and barony of Dalmellington and others, to himself and his wife, 12 December 1622.15 He took an active part in public affairs, and like his grandfather was a warm adherent of 1 Reg. Mag. Sig. 2 Ibid. 3 Bannatyne Club Miscellany, i. 67. 4 Craw- furd. 5 Estimate of Scot. Nobility, 68; P. C. Reg., i, 275. 6 Ibid., x. 155. 7 Particulars concerning Present State of Nobility of Scotland, 53. 8 Reg. Mag. Sig. 9 Edin. Tests. 10 P. C. Reg., v. 666. " Reg. Sec. Sig., Iv. 7. 12 See will of Alan, Master of Cathcart, Edin. Tests., 23 July 1603. 13 Munimenta Univ. Glasguen., iii. 70. u Retours, Ayr, No. 188. 15 Reg. Mag. Sig. CATHCART, EARL CATHOART 517 the Presbyterian party. He was present at the Parliament held in Edinburgh 25 July 1621, l and again at the Parlia- ment held 4 August of the same year, when he voted with the minority against the ratification of the ' Five Articles of Perth,' which for a few years practically re-established Episcopacy in Scotland.2 In the preceding January he was appointed one of a committee of fourteen selected from the Convention of the Council and nobility to consider the King's proposals for a voluntary contribution for the de- fence of the Palatine.3 He died at Auchencruive 18 August 1628.4 His will, written by Andrew, Bishop of Argyll, is dated 31 July 1628, and recorded at Glasgow 14 January 1629.5 He married, first,6 Margaret Stewart,7 eldest daughter of Francis, Earl of Bothwell, without issue ; and, secondly, Jean, daughter of Sir Alexander Colquhoun of Luss, contract dated 29 October 1626.8 She survived him, and was married, secondly, to Sir Duncan Campbell of Auchinbreck, killed fighting against the army of Montrose 1645 ; thirdly, to the Hon. Sir William Hamilton, third son of James, first Earl of Abercorn.9 By his second wife he had issue an only son : — VI. ALAN, sixth Lord Cathcart, born 1628, the year his father died,10 and educated at the University of Glasgow, where he entered the fourth class in 1643.11 He was served heir-general to his father and also to his 'attavus,' John, Lord Cathcart, 4 May 1630,12 and heir-special to his father in the lands and barony of Sundrum and others, 25 June 1631. 13 He devoted a long life to the service of the State, and was a consistent supporter of the Presbyterian party. He frequently attended Parliament, and served on numerous commissions.14 He was appointed to be on the Committee of War for Ayrshire 2 February 1646,15 and again 18 April 1648,16 and commanded as colonel a troop of Horse in the army prepared by the Government to oppose the invasion 1 P. C. Reg., xii. 549. 2 Ibid., 558. 3Ibid., 404. 4 « Accompt of the SherifF- dom of Renfrew,' by William Hamilton of Wishaw, Description of Lanark and Renfrew, Maitland Club, 116, 6 Glasgow Tests. 6 Contract dated 11, 22, 25, 26, and 27 August 1621 (Deeds, 340, 302). 7 Reg. Mag. Sig., 12 December 1622; Family Charters, 129. 8 Reg. Mag. Sig., 28 July 1632. 9 See vol. i. of this work, p. 47. 10 Crawf urd. n Munimenta Univ. Glasguen. , 97. 12 Retours, ii. ; Inq. Gen., No. 1640, 1641. 13 Retours, Ayr, 275. 14 Ada Parl. Scot., vi. vii. and viii. passim. 16 Ibid., vi. 581. 16 Ibid., vi. 34. VOL. II. 2L 518 CATHCART, EARL CATHCART of Scotland by Cromwell, 1649.1 He was the only nobloman who voted against the suppression of Presbytery in the Parliament of May 1661. 2 He and his son, the Master of Cathcart, were created Commissioners of Supply 28 May 1686.3 He married Marion, eldest daughter of David Boswell of Auchinleck by Isabel, daughter of Sir John Wallace of Cairnhill, and had a charter to himself and his wife of the lands and baronies of Sundrum, Dalmellington, and Auchencruive, etc., dated 31 July 1643.4 He died 13 June 1709,5 having had by his wife three sons : — 1. ALAN, seventh Lord Cathcart. 2. James. 3. David. Killed in the public service about the time of the Revolution.6 VII. ALAN, seventh Lord Cathcart, born about 1647,7 succeeded his father in his sixty-second year. He was appointed a Commissioner of Supply for the county of Ayr 1678,8 lieutenant of the Militia in Kyle 1689.9 He married 10 Elizabeth, second daughter of James, first Viscount Stair,11 and died 19 October 1732.12 He had issue :— 1. Alan, perished at sea in August 1699, on his passage to Holland,13 ' whose death was much lamented upon the account of his affability, excellent parts, and other rare qualities.' u 2. CHARLES, eighth Lord Cathcart. 3. James, major in the army, and served on the Continent under Marlborough against the French, and in this country against the rebels. He was killed in a duel by Gordon of Ardoch,15 13 June 1716.16 4. Margaret, married to Sir Adam Whitefoord of Blair - quhan, in the county of Ayr, and had issue,17 and died January 1742.18 VIII. CHARLES, eighth Lord Cathcart, born about 1686, entered early into the army. Captain 29 June 1702. 1 Acta Part. Scot., vi. 219, 290. 2 Wodrow's Analecta, in. 413. 3 Ada Parl. Scot., viii. 225. 4 Reg. Mag. Sig. 6 Crawfurd. 6 Ibid. 7 Douglas. 8 Acta Parl. Scot., viii. 225. 9 Ibid., ix. 26. 10 Contract 12 October 1572, Deeds (Durie), 18 June 1678. n Crawfurd. 12 Political State, xvii. 40. 13 Retours. 14 Crawfurd. 15 Hailes MS. Notes. 16 Political State, xi. 749. 17 Ayr Par. Reg. 18 Crawfurd ; Paterson's History of County of Ayr, 471. CATHCART, EARL OATHOABT 519 Troop in 2nd Dragoons, Scots Greys, 1706, and served in Flanders under General Macartney. Major of Brigade under Earl of Stair, Major Scots Greys 1709. On the accession of George i. appointed one of the Grooms of the Bedchamber. At the breaking out of the rebellion he joined the Duke of Argyll at Stirling, and was present at the battle of Sheriff- muir 13 November 1715, where he distinguished himself. Promoted to the command of the 9th Regiment of Foot 15 February 1717. Succeeded his father 1732, and was appointed one of the Lords of the Bedchamber to George n. in January 1735. Colonel of 6th Dragoon Guards (Cara- bineers) 7 August 1733. Representative Peer of Scotland 1734. Governor of Duncannon Fort 1735, and of London- derry 1739, with the rank of Major-General. In 1740 he commanded the forces sent to attack the King of Spain in the American dominions, and sailed from Spithead in October. He died at sea 20 December of that year, and was buried on the beach of Prince Rupert's Bay, Dominica, where a monument is erected to his memory.1 He married, first, 29 March 1718, at St. Mary Magdalene, Old Fish Street, London, Marion (born 7 December 1700), only daughter of Sir John Schaw2 of Greenock, Baronet, in the county of Renfrew, by Margaret, daughter of Sir Hew Dalrymple, Baronet of North Berwick, Lord President of the Court of Session. She died at Edin- burgh 31 March 1733, in her thirty-third year, and had issue : — 1. George Allan. 2. John. Twins, born at Edinburgh 21 March 1719, who both died young, and were interred in the chapel of Holy rood House.3 3. CHARLES, ninth Lord Cathcart. 4. Schaw, born at Edinburgh, 26 September 1722. Ensign 3rd Regiment of Foot, and killed at Fontenoy 30 April 1745, unmarried.4 5. Hugh, born at Ayr, 3 April 1725, died young.5 6. Eleonora, born at Edinburgh 3 March 1720, died in London 3 November 1769. Married at Edinburgh, 15 1 Crawfurd ; Douglas ; Complete Peerage ; Glasgow Tests., 9 November 1742. 2 Crawfurd's Renfrewshire, 88. 3 Register of Burials in Chapel Royal, Scottish Record Soc., 7. 4 Hailes MS. Notes, 8. 6 Douglas. 520 OATHOART, EARL OATHOART February 1744, to Sir John Houston of Houston, Renfrewshire, Bart., by whom he had a daughter : — (1) Anne, married, 29 August 1769, to Alexander Cunninghame of Craigends, and had issue,1 from whom the present family of that name is descended. 7. Margaret, born at Greenock 25 January 1724, died unmarried.2 8. Elizabeth, born at Edinburgh 24 April 1726, died unmarried.3 9. Mary Anne, born at Ayr 26 October 1727, married, 16 December 1754, to William, sixth Lord Napier, and had, with other issue, Francis, seventh Lord Napier. (See title Napier.) She died at Edinburgh 11 July 1774.4 10. , a daughter, who died immediately after her birth, 20 March 1733.5 Lord Oathcart married, secondly, 1739, Elizabeth, second daughter of Thomas Malyn, Esq. of Southwark and Batter- sea. She was married first to James Fleet of Tewin, Herts (who died 29 April 1733); secondly, to Captain Sabine, younger brother of General Joseph Sabine of Quino- hall, in Tewin; thirdly, to Lord Oathcart; fourthly, 18 May 1745, to Hugh Macguire, an Irish officer in the Hungarian service, afterwards lieutenant-colonel in the British service, by whom she was confined for many years in Oastle Nugent, co. Meath, in the fastnesses of Ireland. She died 3 August 1789, in her ninety-eighth year, and was buried at Tewin, without issue.6 The eighth Lord Cathcart was succeeded by his third son — IX. OHARLES SCHAW, ninth Lord Oathcart, born at Edin- burgh 21 March 1721. Succeeded his father 1740, and was served heir-special to him in the lordship of Oathcart, Sun- drum, and Auchencruive, 30 July 1743.7 Upon the death in 1752 of his maternal grandfather, Sir John Schaw of Sauchie and Greenock, he succeeded to the unentailed portions of the Greenock estates, which included Schaw Park and the estate of Sauchie, in Clackmannanshire, and a certain 1 Crawfurd's Renfrewshire, 105. 2 Douglas. 3 Ibid. 4 Ibid. 6 Ibid. 6 Brayley's Beauties of England, vii. 270; Maria Edgeworth's Castle Rackrent. 1 Services of Heirs. CATHOART, EARL CATHCART 521 part of the feus in the town of Greenock, with the mansion- house, and assumed the name and arms of Schaw in addition to his own.1 He was served heir-special to his grandfather, Sir John Schaw, June 1753, and to his mother 25 June 1764.12 In his twenty-first year he became captain in the 20th Regiment of Foot. He was Lord of the Bedchamber and aide- de-camp to H.R.H. the Duke of Cumberland at the battle of Fontenoy, 31 May 1745, where he was severely wounded in the face, and bore the scar to his death. He became colonel and adjutant-general of the forces in North Britain 21 January 1750, and finally lieutenant-general 14 December 1760. With the Earl of Essex he was, in November 1748, nominated a hostage to France for the performance of the treaty of Aix-la-Ohapelle for the restitution of Cape Breton to the French, and remained in that country until October 1749. He was elected a Representative Peer for Scotland 16 November 1752-76, and was appointed High Commissioner to the General Assembly of the Church of Scotland 1755-63 and 1773-76. Appointed Governor of Dumbarton Castle 1761-64, and invested K.T. 13 April 1763. Lord Commissioner of Police 1764-68. In 1768 he was appointed Ambassador to the Court of St. Petersburg, where he remained until 1771. Lord of the Bedchamber 1776. The estate of Auchencruive was sold in 1764 to Richard Oswald, Esq., in whose family it still remains, the present representative being. Richard Oswald, Esq. of Auchincruive. Sundrum was purchased about 1750 by the trustees of John Hamilton, Esq., whose descendant, Claude Hamilton, Esq. of Sundrum, is the present pro- prietor. Upon parting with the beautiful estate of Auchencruive, which had been in the family since 1376, Schaw Park, in the county of Clackmannan, which had been purchased by Sir John Schaw in the beginning of the eighteenth century, became the family seat of the Lords Cathcart. He married, at Greenwich Hospital, 24 July 1753, Jean, second daughter of Lord Archibald Hamilton, seventh son of Anne, suo jure Duchess of Hamilton, by his second wife, Jane, fifth daughter of James Hamilton, sixth Earl of Abercorn. She was born in London 19 August 1726, died at St. Petersburg 13 November 1771, and was buried in Audley Chapel, St. George's, Hanover 1 Crawf urd's Renfrewshire, 267. 2 Services of Heirs. 522 CATHCART, EARL CATHOART Square, London. Lord Oathcart died after a long illness at his house in London, 14 August 1776, in his fifty-sixth year. He left issue : — 1. WILLIAM, tenth Lord Oathcart. 2. Charles Allan, born at Schaw Park, Clackmannan- shire, 28 December 1759. Served in America 1776, in the 52nd Regiment of Foot, and had a lieu- tenancy in the 23rd Regiment of Foot or Royal Welsh Fusiliers. In 1778 he was given a company in the Atholl Highlanders (79th Foot). Appointed major of 98th Foot 29 May 1780, and lieutenant- colonel of that regiment. He afterwards served on a diplomatic mission under Sir John Macpherson. He commanded the Grenadiers of the army with great gallantry against the French at the storming of the redoubts at Ouddalore 13 June, and in the trenches 25 June, 1783. For his conduct on these occasions he was, on returning to England with despatches, constituted Quartermaster - general to the Forces in India 3 August 1783, and presented with a sword of honour by the Court of Directors 1784. The same year he was returned to Parlia- ment for the county of Clackmannan, and in 1788 was invested with ambassadorial powers by the King to open a commercial intercourse with the Emperor of China. He died on the passage to China 10 June 1788, unmarried. A monument to his memory was erected in the Dutch port of Anjer by his companions on the voyage. 3. John, born at London 23 April 1761, died when nine months old, buried in Audley Chapel. 4. Archibald Hamilton, born at Schaw Park 25 July 1764. Prebendary of Barnaby on the Moor, Cathedral of York, November 1800, Prebend of Langtoft, Rector of Methby, co. York, 1802. Married, at London, 3 March 1790, Frances Henrietta (who died 26 April 1821), daughter of John Freemantle of Abbots- Aston, in Buckinghamshire, and had issue : — (1) Archibald William, born in 1796, died unmarried 1815. (2) Frances Louisa, born 19 August 1794, died unmarried 18 October 1881. CATHCART, EARL OATHOART 523 (3) Marianne Elizabeth, born 13 October 1798, died 16 December 1850. (4) Catherine Selina, born 6 August 1800, married, 4 November 1839, to Robert Smith of Capenhurst House, Chester. (5) Frederica, born 13 May 1804, married to John Lodge, and died 4 August 1860. (6) Charlotte, born 1 November 1805, died unmarried 15 May 1882. (7) Isabella Sophia, born 29 December 1808, died December 1896, married, 3 November 1829, to Sir Samuel Crompton, Bart., M.P. of Woodend, Yorkshire (born July 1785, died 27 December 1849), and had issue :— i. Elizabeth Mary, married, 2 April 1850, to Alan, third Earl Cathcart, the present Earl. (8) Elizabeth Sarah, born 28 July 1814, married, 2 June 1842, to Major Robert Stuart, late H.M. Minister at Hayti. He died 17 June 1901. 5. A son, stillborn, at London, 7 June 1768, buried in Audley Chapel. 6. Jane, born at London 20 May 1754, married, as his first wife, at London, 26 December 1774, to John, Duke of Atholl, and had issue. Died at London 5 December 1790. 7. Mary, born at London 1 March 1757, married, at London, 26 December 1774, to Thomas Graham of Balgowan, Perthshire, M.P., only surviving issue of Thomas Graham of Balgowan by Lady Christian Hope, sixth daughter of Charles, first Earl of Hope- toun, created Baron Lynedoch of Balgowan, Perth- shire, 3 May 1814. Her portrait, magnificently painted by Gainsborough, is now in the Scottish National Gallery. He died 18 December 1843. She died without issue at Hyeres, 26 June 1792.1 8. Louisa, born at London 1 July 1758, married, first, 5 May 1776, to David, seventh Viscount of Stormonth, nephew of William, Lord Mansfield, Lord Chief- Justice of the Court of King's Bench, who was created, 31 October 1776, Earl of Mansfield in the county of Nottingham, with remainder to Louisa, Viscountess of Stormonth, and the heirs-male of her body by David, Viscount of Stormonth ; and 26 July 1792, Earl of Mansfield in the county of Middle- sex, with remainder to the heirs-male of the body of 1 Foster's Members of Parliament (Scot.), 157. 524 CATHOART, EARL OATHOART his father, David, fifth Viscount of Stormonth. On the death of the Earl of Mansfield in 1793, the Viscountess became Countess of Mansfield, co. Not- tingham, in her own right, while her husband became Earl of Mansfield of Middlesex. He died 1 September 1776, and the Countess married, secondly, 19 October 1797, her cousin-german, Robert Fulk Greville, brother of the Earl of Warwick, and had issue to both. (See title Stormonth.) 9. Charlotte Catherine, born at Kaminioi, Ostrow, Russia, 8 July 1770, baptized 3 August following, the King and Queen of Great Britain and Empress of Russia being sponsors ; Maid-of-honour to Queen Charlotte ; died unmarried at London 20 October 1794. X. WILLIAM SCHAW, tenth Lord Cathcart, was born at Petersham, Surrey, 17 September, and baptized 15 October, 1755, educated at Eton 1766-71. Served heir-general to his father 19 December 1776. Accompanied his father to St. Petersburg 1768. Studied law at Dresden and Glasgow, entered Lincoln's Inn November 1775, and was admitted a member of the Faculty of Advocates 23 July 1776. Entered the army (7th Dragoons) in 1777, and served with the 16th and 17th Light Dragoons in America. Aide-de-camp to Sir Thomas Wilson 1777, and given command of an irregular corps of infantry named the Caledonian Volunteers, with provincial rank of lieutenant-colonel. Having resigned this command, he was appointed major 38th Regiment in 1779, and became Quartermaster-general to the Forces in America shortly afterwards. On returning to England he was appointed lieutenant-colonel Coldstream Guards 1781, but exchanged in 1789 to 29th Regiment, of which, in 1792, he became colonel. He became colonel in the army 1792; major-general 1794; lieutenant-general 1801, and general 1812. He accompanied the Earl of Moira to the relief of Ostend 1794 ; and joined the Duke of York at Malines 9 July. Commanded a brigade at the defeat of the French at Bommel, and on 8 January 1795 attacked the French near Bureu, and after an action of several hours drove the enemy from their position and captured a piece of cannon. He remained in Germany in command of the British light CATHCART, EARL OATHOART 525 cavalry and foreign light corps in British pay until December 1795, when he returned to Britain. Appointed by the King colonel of 2nd Life Guards, Gold Stick, 7 August 1797, Vice-admiral of Scotland 1795, Representative Peer for Scotland 1788-1807, Chairman of Committee of House of Lords 1790-94, Lord Lieutenant Clackmannanshire 17 March 1794, Privy Councillor 1798, Privy Councillor (Ireland) 1803, Commander-in-chief of the Forces in Ireland 1803-5. Being appointed Ambassador Extraordinary to the Court of St. Petersburg, he was invested K.T. at his audience of leave at Windsor 23 November 1805. Commanded the British troops in Hanover December 1805, and on returning home after battle of Austerlitz was appointed Commander of the Forces in Scotland 1806-14. Commander-in-chief of the army in Denmark June to October 1807. Captured, at Copenhagen 7 September 1807, the Danish fleet, which he brought to England. In recognition of his services he was received in audience by the King at Windsor, and created a British Peer 3 November 1807 by the title BARON GREENOOK OF GREENOOK and VISCOUNT CATH- CART OF CATHCART in the county of Renfrew. Pro- ceeding to Scotland, he was awarded the freedom of the city of Edinburgh 17 November 1807. On 28 January 1808 he received the thanks of both Houses of Parliament for the decisive measures employed by him to obtain the surrender of the navy of Denmark and the arsenals of Copenhagen, and a sum estimated at £300,000 of prize- money was divided between him and Admiral (afterwards Lord) Gambier.1 He was ambassador to the Court of Russia from July 1812 to 1821, and was one of the com- missioners who invested the Emperor with the Order of the Garter on 27 September 1813. This was the first of the special Garter missions of the nineteenth century, and the Emperor was elected by a special statute, as a super- numerary Knight, which formed a precedent for subsequent similar nominations of foreign potentates who previously had been elected only when a vacancy occurred. He was military adviser to the German and Russian generals, and accompanied the Emperor Alexander of Russia during the 1 But the present Lord Cathcart states his grandfather's share to have been not more than £18,000 or £20,000 ; see The Genealogist, new ser., v. 207. 526 CATHOART, EARL CATHOART campaign of 1812-13 and entered Paris by his side, Knight fourth class of St. George of Russia 30 September 1813, Knight of St. Anne of Russia 30 September 1813, Knight of St. Andrew of Russia 6 May 1814. On 16 July 1814 he was created EARL CATHCART in the British Peerage. Joint Minister Plenipotentiary to the Congress of Vienna 1814-15. Governor of Hull 18 January 1830. Commissioner of the Royal Military College and Royal Military Asylum. He married, at New York, 10 April 1779, Elizabeth, daughter and co-heiress of Andrew Elliot of Greenwells, Roxburgh- shire, Lieutenant-Go vernor of New York, brother of Sir Gilbert Elliot of Minto, by Elizabeth Plumstead, a Phila- delphian lady of an originally settled English family. She was appointed Governess and Lady of the Bedchamber to the younger Princesses in January 1793, one of the Ladies of the Bedchamber to the Queen in October 1795, Lady- in-waiting 1801, and subsequently Mistress of the Robes, and died at Cathcart House, Renfrewshire, 14 December 1847. The Earl died 16 June 1843 at Cathcart, Glasgow, in his eighty-eighth year ; will proved July 1843. He had issue : — I 1. William, Master of Cathcart, born at London 30 June 1782 ; educated at Eton ; entered the navy and served with great distinction under Lord Nelson. He died of yellow fever while commanding the frigate Clorinde off Jamaica, 5 June 1804, unmarried. 2. CHARLES MURRAY, second Earl and eleventh Lord Cathcart. 3. A son, stillborn, at Schaw Park, 1 September 1785. 4. Frederick, born at Twickenham, Middlesex, 28 Octo- ber 1789. Cornet in the Scots Greys January 1805. Served as aide-de-camp to his father 1805-8. Colonel in the army. Knight of the Russian Order of St. Anne. Minister Plenipotentiary at Frankfort. Married, 18 October 1827, Jane, daughter and heiress of Quentin M'Adam, Esquire of Craigengillan, Ayr- shire, and assumed the surname of M'Adam. He died without issue 5 March 1865 ; his widow died 25 April 1878. 5. George, born at London 12 May 1794, lieutenant- general in the army, K.C.B. Served as A.D.C. to the CATHCART, EARL OATHCART 527 Duke of Wellington at Waterloo. Deputy Lieutenant of the Tower of London 1846. Governor and Com- mander of the Forces at the Cape of Good Hope 1852. Appointed Adjutant-general to the Forces, a post which he held till his death. Commanded the fourth division of the British army in the Crimea, and, after a highly distinguished military career, fell at the battle of Inker man 5 November 1854. He married, 12 May 1824, Georgina Greville, daughter of Louisa, Countess of Mansfield, and her second husband the Hon. Robert Greville. She died 12 December 1871, and by her he had issue : — (1) George Greville, born 13 December 1832. Died unmarried 12 May 1841. (2) Jane, born, 21 October 1825. (3) Louisa Margaret, born September 1827, died 12 March 1835. (4) Georgiana Mary, born 20 April 1829, died unmarried 7 June 1852. (5) Alice, born 7 September 1830, died unmarried 14 June 1855. (6) Emily Sarah, born 29 November 1834; V. A.; Maid-of-honour 1855-80, and afterwards Woman of the Bedchamber to Queen Victoria. (7) Louisa, born 29 June 1839, died unmarried 25 June 1890. (8) Anne, born 23 October 1840. 6. Adolphus Frederick, born at London, 28 June 1803. Lieutenant-colonel in the army retired. Late lieu- tenant-colonel 1st Berwickshire Rifles. Married, 2 July 1832, Margaret, second daughter of the late William Foreman Home, Esquire of Wedderburn, Berwickshire. She died 29 April 1861. He died s. p. 7. Jane Elizabeth, born 25 January 1780, died in New York while an infant. 8. Louisa, born 14 June 1791, died 28 December 1874. 9. Mary Elisabeth, born at Windsor 22 September 1796, died 12 April 1862. 10. Augusta Sophia, born at London 25 November 1799, died 18 November 1846. XI. CHARLES MURRAY, second Earl and Viscount Cathcart, and Baron Greenock, of the United Kingdom, and eleventh Baron Cathcart in Scotland. Born at Waltons in Essex 21 December 1783, ensign in 71st (High- land) Regiment May 1799 ; served in Holland as lieutenant 40th Regiment of Foot 10 August 1799; exchanged into 528 OATHOABT, EARL OATHOART 2nd Life Guards 2 March 1800. Had a company 6th West India Regiment 3 February 1803, and was made captain 39th Foot 9 July 1803 ; Assistant Quartermaster-general (Naples and Sicily) 1806-7. Became major 14 May 1807, and served in the Walcheren Expedition in 1809 ; Quartermaster-general of the Army 16 May 1809, in the Peninsula 1812-13, and of the cavalry 1814-23 ; lieutenant-colonel 30 August 1810 ; present at the battle of Barossa 6 April 1812, and at the battle of Salamanca, and Vittoria, and received the gold war-medal with two clasps 1812. He was styled Lord Greenock after his father received his Peerage of Great Britain. Created O.B. 4 June 1815. Knight of St. Vladimir of Russia 21 August 1815. Knight of Wilhelm of the Nether- lands October 1815. He had three horses shot under him at the battle of Waterloo 1815, and received the medal 1816. Colonel in the army 12 August 1819, and lieutenant-colonel Royal Staff Corps, Hythe, 26 June 1823 ; major-general 22 July 1830. He was appointed Governor of Edinburgh Castle and Commander of the Forces in Scotland 17 February 1837 —a position which he held till 1 April 1842. On 18 July 1838 he was nominated K.O.B. and invested by dispensation 5 September 1839. Lieutenant-general 23 November 1841. He was also colonel of the llth Hussars 1842; of the 3rd Regiment of Dragoon Guards 1847, and of the 1st Regiment Dragoon Guards 1851. Commander-in-chief in Canada 15 June 1845 to 11 May 1847 ; Captain-general and Governor- in-chief of Canada, and Governor-General of British North America 10 March 1846. Commander of the Northern and Midland district of England 1849-54. G.C.B. 21 June 1859; general in the army 20 June 1854. On his retire- ment from Hythe in 1830 Lord Cathcart resided in Edin- burgh, and devoted himself largely to scientific pursuits ; he was elected a Fellow of the Royal Society there and read several papers which were published in its Trans- actions. He died 16 July 1859 at St. Leonards-on-Sea, his will being proved 10 October 1859. He discovered a new mineral, sulphate of cadmium, which was named * green- ockite ' after him.1 He married, at Chateau Denacre, Boulogne, France, during the British army of occupation there, 30 September 1818 ; and again at Portsea, 12 February 1 Diet. Nat. Biog. CATHCART, EARL CATHCART 529 1819, Henrietta, second daughter of Thomas Mather, Esquire, and by her, who died at Inch House, Edinburgh, 24 June 1872, had issue :— 1. Charles, born 23 November 1824, died 11 November 1825. 2. ALAN FREDERICK, present Earl. 3. Augustus Murray, late lieut.-colonel Grenadier Guards, and served in the field during whole period of the Crimean War, being A.D.O. to his uncle Sir George. J.P. Yorks. Born 18 August 1830, married, 28 November 1866, the Hon. Jean Mary Orde-Powlett, only daughter of William Henry, first Lord Bolton, and has : — (1) Frederick Adrian, born 26 June 1873. Captain 3rd Batt. York and Lancaster Regiment ; served in South Africa. (2) Augustus Ernest, born 4 March 1875. Lieut, the King's Royal Rifle Corps ; served in South Africa. (3) William Harold, born 3 May 1880. Lieut. 3rd Batt. Wor- cester Regiment. Died of enteric fever on active service in South Africa 7 January 1902. (4) Charles Claud, born 19 December 1884, died 19 August 1885. (5) Ethel Jean, born 1 March 1868, died 1 December 1874. (6) Mary Mildred, born 10 May 1876. (7) Constance, born 17 August 1877, married, 1 June 1897, to William Harris Ferrand of Birstarth Hall, Ripley, Yorks, born 9 March 1873, eldest son of William Ferrand, Esq. of St. Ives, Hurden Grange and Upwood, co. York, and has issue : — i. Geofrey William, born 6 November 1899. (8) Leta Adine, born 10 April 1882. (9) Vera, born 10 June 1883. 4. Elizabeth, born 2 July 1821, died 27 February 1896, married, 1 June 1843, to General Sir John Douglas, G.O.B., of Glenfinart, who died 6 September 1887, leaving issue : — (1) Neil Cecil Frederick Douglas, captain late Scots Guards, deceased. (2) Charles J. C. Douglas, J.P., D.L. co. Argyll, late 79th Queen's Own Cameron Highlanders ; born 23 August 1857 ; married, 17 November 1880, Helen Tolmie Dick, eldest daughter of General John Bayly, C.B., R.E. 5. Henrietta Louisa Frances, born 23 April 1823, died 10 November 1869. 6. Adelaide, born 13 July 1833 ; died 15 February 1871 ; married, 13 July 1850, to John Randolphus de Trafford, 530 CATHOART, EARL CATHOART Esq. of Oroston Hall (born 11 April 1820, died 3 Feb- ruary 1879), and had issue : — (1) Sigismund Cathcart of Croston Hall, born 31 July 1853. J.P. Lane. ; lieut. late 14th Foot ; married, 20 November 1879, Clementina Frances, fourth daughter of Sir Pyers Mostyn, eighth Baronet, and has issue : — i | *"*»• 0°™ « December IflBL iii. Ermyntrude Frances, born 10 August 1883. iv. Elfrida Adelaide, born 8 June 1886. (2) Galfrid Aloysius Cathcart, born 4 August 1856, late lieut. 2nd Batt. Royal Fusiliers ; married, 20 August 1887, Cecile Elizabeth Margaret, only child of Comte Hubert de Stac- poole, and has :— i. Sicell Noel, born 24 December 1888. ii. Ralph Eric, born 30 April 1892. iii. Daphne Elizabeth Adelaide Mary, born 25 September 1903. (3) Randolphus Cathcart, born 4 September 1857, died unmarried 31 March 1900. (4) Charles Alan, born 8 February 1871. Vice-consul at Brest ; late captain 3rd Batt. West Riding Regiment ; married, 29 May 1900, Victoria Seymour, daughter of Hugh, sixth Marquess of Hertford, and has issue : — i. Joan Agnes Seymour. (5) Henrietta, married, 2 August 1877, to Hon. Henry Robert Orde Powlett, and has : — i. Kathleen Mary, born 21 November 1878; married, 16 April 1902, to Sir Leslie Falkiner, Bart., with issue. ii. Ivy, born 8 January 1882. (6) Mary Adelaide. XII. ALAN FREDERICK, third Earl Cathcart and Viscount Oath cart, and Baron Greenock in the British Peerage, and twelfth Baron Oathcart in Scotland, born at Hythe, co. Kent, 15 November 1828, served heir-general to his father 1859, styled Lord Greenock 1843-59, second lieut. 23rd Regiment (Royal Welsh Fusiliers) 30 May 1845, adjutant 25 August 1846, first lieut. 17 December 1848-50, aide-de-camp to Lieut. -General Earl Oathcart February 1849 to October 1850, major North York Regiment of Militia 24 March 1853-55, D.L. North Riding, co. York, 1853; chairman of Quarter Sessions, North Riding, co. York, 1858 ; lieut.-colonel 1st North Riding Batt. of Rifle Volunteers 7 July 1860, and hon. colonel 7 July 1871. LL.D. honoris causa, Cambridge. Married, at Thornton-le-Street, 2 April 1850, Elizabeth Mary, eldest daughter and heiress of the late Sir Samuel Orompton, Baronet of Woodend, co. CATHCART, EARL CATHOART 531 York, by Isabella Sophia, daughter of the Rev. and Hon. Archibald Hamilton Oathcart, younger brother of the first Earl Cathcart, and has issue : — 1. ALAN, Lord Greenock, born 18 March 1856. J.P., D.L. North Riding, formerly lieut. 6th Dragoon Guards, late of the Scots Guards. 2. Charles, born 23 December 1859, died 21 May 1880, lieut. 79th Regiment, unmarried. 3. George, born 24 June 1862, late lieutenant, 4th Batt. Princess of Wales's Own. 4. Reginald, born 9 November 1870, captain 3rd Batt. King's Royal Rifle Corps, killed in action at the relief of Ladysmith, South Africa, 22 February 1900. 5. Archibald Hamilton, born 30 January 1873. 6. Isabel, born 25 September 1851, died 29 November 1856. 7. Cecilia, born 5 December 1857, married, 26 July 1883, to Captain Edward Temple Rose, late 10th Hussars, son of Sir John Rose, first Baronet of Montreal, P.O., G.O.B. 8. Ida, born 26 April 1865, married, 25 July 1886, to Thomas Leigh Hare, of Stow Hall, Norfolk, M.P., and has issue. 9. Marion, born 14 June 1867. 10. Emily, born 27 December 1868. 11. Eva, born 12 May 1874. ARMS. — Azure, three cross crosslets fitchee issuant from as many crescents argent. CREST. — A dexter hand couped above the wrist and erect ppr., grasping a crescent argent. SUPPORTERS.— Two parrots proper. MOTTO. — I hope to speed. [N. j. K. c. P.] CHURCHILL, LORD CHURCHILL OF EYEMOUTH OHN CHURCHILL who was second but first surviv- ing son of Sir Winston Churchill, Knight, Comp- troller of the Board of Green Cloth, by his wife Elizabeth, daughter of Sir John Drake of Ashe, co. Devon, and sister of the first Baronet of the same name, was born 24 June 1650 at Axminster. He entered the army in 1667, and was Gentleman of the King's Bedcham- ber in 1673. On 21 Decem- ber 1682 he was created LORD CHURCHILL OP EYEMOUTH, co. Berwick, in the Peerage of Scotland, with remainder to the heirs- male of his body. For his distinguished services to his country he was subsequently created, 14 May 1685, BARON CHURCHILL OF SANDRIDGE, co. Hertford; 9 April 1689, EARL OF MARLBOROUGH, co. Wilts, and finally, 14 December 1702, MARQUESS OF BLANDFORD and DUKE OF MARLBOROUGH, all in the Peerage of England. It is unnecessary to enter into a detailed account of the career of this distinguished commander, which belongs to the general history of his times. It is sufficient to say that he married, 1 October 1678, Sarah, second daughter and co-heir of Richard Jennings of Sandridge, Herts, by Frances, daughter and co-heir of LORD CHURCHILL OF BYEMOUTH 533 Sir Gifford Thornhurst, Bart., and died, s. p. m. s., 16 June 1722, at Cranbourne Lodge, near Windsor. His widow died 18 October 1744, aged eighty -four. By her he had:— 1. John, Lord Churchill and Marquess of Blandford, born 13 February 1689-90. He died, vita patris, of the smallpox at King's College, Cambridge, 20 February 1702-3. 2. Henrietta, suo jure Duchess of Marlborough, born 24 July 1681, married, in 1698, to Francis Godolphin, afterwards second Earl of Godolphin. She died 24 October 1733. 3. Anne, married, as his second wife, in January 1699-1700, to Charles Spencer, fourth Earl of Sunder- land, and died 15 April 1716 at Brington, aged thirty-three*. 4. Elizabeth, married, as his first wife, 9 February 1703, to Scroop Egerton, first Duke of Bridge water, and died 22 March 1714, aged twenty-six, at Little Gaddesden. 5. Mary, married, 17 March 1704-5, to John Montagu, second Duke of Montagu, whom she survived, and died 14 May 1751, aged sixty-one, and was buried at Warkton. CREATIONS.— 21 December 1682, Lord Churchill of Eye- mouth, in the Peerage of Scotland; 14 May 1685, Baron Churchill of Sandridge ; 9 April 1689, Earl of Marlborough; 14 December 1702, Marquess of Blandford and Duke of Marlborough, all in the Peerage of England. ARMS. — Quarterly :— 1st, Sable, a lion rampant argent, a canton of St. George in augmentation, viz., argent a cross gules, for Churchill ; 2nd, Bendy of ten argent and azure, a bordure or ; 3rd, Argent a fess parted per fess gules and or, in chief three trefoils slipped proper; 4th, Parted per pale gules and azure, in the first a tree eradicated proper, supported by a lion rampant argent in the second, for Winston. CREST. — A lion couchant guardant argent supporting in VOL. n. 2 M 534 LORD CHURCHILL OF EYEMOUTH his dexter paw a banner gules, charged with a dexter hand couped at the wrist, of the first. SUPPORTERS. — Two wyverns gules, each gorged with a collar or and pendent therefrom an oval shield azure charged with a saltire argent. MOTTO. — Fiel pero desdichado. [j. B. p.] Cofinlle of Culro00 LORD COLVILLE OF CULROSS, NOW VISCOUNT COLVILLE OF CULROSS HE name Colville first appears in Scotland in the twelfth century, but one of William the Con- queror's followers in 1066 was Gilbert de Colleville, who was of Norman de- scent, deriving his name from Ooleville, a town near Caen, in Normandy.1 He and his descendants acquired various posses- sions in England, and several members of the family attained nobility in 1264, and later. But the earliest of the name on record in Scotland was PHILIP DE COLVILLE, who possessed Oxnam and Heiton, co. Roxburgh, which had belonged to the Percies,2 and also lands in Ayrshire, in the reign of King Malcolm iv. He was a witness to charters by that King in 1154 and 1160,3 and he appears also a witness to various charters by King William the Lion.4 He was among the hostages given under the treaty at Falaise in 1174.5 He and his son are named as witnesses to the settlement of a dispute between 1 Nobiliaire de Normandie, E. De Magny, 3. 2 Cart, de Dryburgh, 163, 164; Orig. Parochiales, i. 389, 390. s Ada Part. Scot., i. 364; Reg. Epis. Glasyuensis, i. 15. 4 Caledonia, i. 543. 5 Cal. Docs. Scot. , i. No. 139. 536 LORD COLVILLE OF OULROSS the Bishop of Glasgow and William Comyn between 1200 and 1202. l It is probably he who appears as a witness with King William and others to an agreement between the monks of Melrose and Patrick, Earl of Dunbar, in 1208.2 He had issue : — 1. THOMAS, who succeeded him in Oxnam. THOMAS DE OOLEVILL, son of Philip de Colevill, is first referred to in 1181, when he perambulated certain lands which had been granted to the monks of Melrose.3 In a charter dated after 1200 he styles himself 'Thomas de Oole villa cognomento Scotus,' granting lands in Ayrshire to Melrose Abbey.4 About 1210 Thomas was imprisoned in Edinburgh Castle for alleged complicity in a plot against King William, but his innocence being established, he was liberated after six months' imprisonment.5 In 1215 he was sent as a hostage to the court of King John of England, and was detained in Oorfe Castle until the following year.6 He died in 1219,7 leaving issue by his wife Amabilis, three sons and four daughters : — 1. SIR JOHN, of whom hereafter. 2. William, who received from his brother, Sir John, the church of Ochiltree. In 1224 he made a grant to the monastery of Newbattle.8 He also leased to them part of the lands of Kinnaird, co. Stirling, of which he was proprietor, a grant confirmed by King Alex- ander ii. on 15 September 1228. When his youngest brother Thomas died, he claimed to succeed him in the barony of Ochiltree, but Sir John objected, and gave the patronage of the church to the Hospital of Torphichen. After a long dispute it was agreed that William should pay the hospital a yearly pen- sion for his life. But he died shortly after the agreement was made.9 He married Ada, the widow of John Malherbe or Morham, and mother of John Morham.10 3. Thomas, to whom his brother Sir John gave the 1 Reg. Epis. Glasguensis, i. 78, 79. 2 Liber de Melros, 91-94. 3 Ibid., 111. 4 Ibid., 172, 173. '° Chron. de Mailros, 109. 6 Cal. Docs. Scot., i. No. 620. 7 Chron. de Mailros, 135. 8 Reg. de Neubotle, 74, 153. 9 Narra- tive by Eustacia Colville, Liber de Melros, ii. 363, 364. 10 Reg. de Neubotle, 67, 74. LORD COLVILLE OF CULROSS 537 barony of Ochiltree. He died without lawful issue, and the barony was claimed by William Colville as above, but reverted to the main line at William's death.1 4, 5, 6, 7. Four daughters, three of whom married into the families of Marshall, Maitland, and Heron, but their names, and those of their husbands, are not recorded. The fourth died unmarried. They claimed the barony of Ochiltree as heirs of their brother William.2 SIR JOHN OOLVILLE was lord of Oxnam and Ochiltree, but little is known of him except his transactions with his brothers, which are detailed in a statement by his grand- daughter Eustacia%3 He died leaving, so far as recorded, one son, WILLIAM OOLVILLE, who immediately after his succession was involved in litigation with his aunts, who strove to recover from him the barony of Ochiltree. While this suit was pending he went to reside in England, where he held the lands of Spinylstane or Spindleston, in Northumber- land.4 He is said to have died about the year 1280, leaving issue by his wife, a daughter of Sir John de Normanville, so far as on record, a son and a daughter : — 1. THOMAS, who succeeded. 2. Eustacia, who received from her father the barony of Ochiltree, with the patronage of the church there. She married, as his second wife, Reginald Le Oheyne the elder, whom she survived for many years, having no issue. She was his widow in 1296, when she appears in the Homage Roll, and she lived until after 18 July 1316, when she granted the church of Ochil- tree to the monks of Melrose, narrating at the same time the history of her family's connection with the church.5 SIR THOMAS COLVILLE, lord of Oxnam, succeeded. He appears in the Homage Roll as giving allegiance for lands 1 Narrative by Eustacia Colville, Liber de Melros. 2 Ibid. 3 Ibid. * Ibid. ; Cal. Docs. Scot., i. No. 1514. 6 Liber de Melros, ii. 363, 364. 538 LORD COLVILLE OF CULROSS in Dumfriesshire, and he also possessed the lands of Gos- ford, in Midlothian.1 He seems to have resided in England during 1297, but had a safe-conduct to Scotland on 12 November, with Ivo de Colville. He had various commis- sions to raise troops to fight the Scots, both before and after Bannockburn, but at the peace of 1319 he returned to Scotland, where in 1320 King Robert Bruce bestowed on him the half-lands of Whitsome. He died between that date and the year 1324,2 leaving issue : — 1. William, the eldest, who had the lands of Spindleston and Botel, in Northumberland, but died without issue, leaving or giving his lands to his youngest brother Philip. 2. ROBERT, who succeeded to Oxnam. 3. Philip, who received Spindleston and Botel from his brother William. He married Agnes Mordington, daughter of Peter Mordington of that Ilk, who sur- vived him and married Henry Haliburton. He had no issue, and his brother Robert in 1300 claimed the lands as heir to William, his eldest, and Philip, his youngest brother, and in 1302 they were granted to him, as Henry Haliburton and his wife, the life- rentrix, were * rebels.' 3 SIB ROBERT COLVILLE of Oxnam and Ochiltree, the second son of Sir Thomas, is first named as doing homage in 1296.4 He was faithful to his oath, and in 1302 received a grant of the lands of Spindleston and Botel, in Northum- berland, which had been held by his deceased brothers. He was knighted before July 1306, and he is a witness to a charter by Antony, Bishop of Durham, in 1310.5 He took an active part under King Edward n. against the Scots, for which he had the King's thanks, and remained in the English service until 1319. Before or in 1324 he succeeded his father, and had a charter of the barony of Ochiltree, at the same time confirming his aunt Eustacia's grant to Melrose.6 In 1329 his lands were forfeited, and he again joined the English faction, receiving frequent commissions 1 Cal. Docs. Scot, ii. pp. 198, 210, No. 857. 2 Liber de Metros, ii. 367. 3 Cat. Does. Scot., ii. Nos. 1131, 1336. 4 Ibid., No. 730. 6 Ibid., No. 1802 ; iii. No. 1147. 6 Liber de Metros, ii. 367, 368. LORD OOLVILLE OF CULROSS 539 against the Scots, although it is difficult to distinguish between him and another Robert Oolville of Dale, also frequently mentioned. He died before 2 April 1341, when his widow had leave to marry again, and the grant of the ward of his lands in Scotland, and the marriage of the heir. Her name was Katerina, but her surname has not been discovered.1 He had issue at least one son : — ROBERT, who succeeded him in Oxnam. A William de Oolville had, about 1358, from King David ii. a charter of the half-lands of Whitsome.2 It is probably he who, with John, his son, had a safe- conduct on 27 October 1365. He had also a similar permit on 5 December 1380 to travel to Rome and the Holy Land.3 SIR ROBERT DE OOLVILLE of Oxnam succeeded in 1341, while still a minor. He had a yearly pension of 20 merks from King Edward in., granted 7 February 1358-59, which was renewed or continued by King Richard n. On the same day, as reward of faithful service, he had a grant of the lands of Swineshead or Swyneside, co. Roxburgh, and in 1362 a gift of wards. He was at that time deprived of his Scottish lands.4 In 1383, however, his lands in England were for- feited, as he had become ' an adherent of the Scots.' 5 He petitioned the Scots Parliament that his lands of Ochiltree might be restored to him, which was discussed on 17 June 1385,6 but the sequel is not on record, and on 8 December 1390 he witnessed, with his son Sir Thomas, a charter by John Turnbull of Minto, in favour of Sir William Stewart of Jedburgh.7 The exact date of his death is not certain, but he was alive in 1397. SIR THOMAS DE OOLVILLE, described as son of Robert de Colville, first appears, 15 August 1384, as witness to a charter by Margaret, Oountess of Douglas and Marr to Alexander Barclay.8 He was also a witness with his father to the charter of 1390 already cited. On 12 June 1397, as 1 Cal. Docs. Scot., iii. No. 1352. 2 Robertson's Index. 3 Rotuli Scotice, i. 897; ii. 31. 4 Cal. Docs. Scot., iv., Nos. 24, 28, 379; Rotuli Scotice, i. 834, 867. 6 Rotuli Scotice, ii. 60; Cal. Docs. Scot., iv. No. 321. « Acta Parl. Scot., i. 553. 7 Reg. Mag. Sig., fol. ed., 190. 8 Antiquities, Aberdeen, etc., iv. 727. 540 LORD OOLVILLE OF OULROSS son and heir of Sir Robert Oolvil, lord of Oxinhame, he granted to Sir Henry Preston his share of the barony of Formartine, co. Aberdeen, with the castle and the tolls of the burgh of Fyvie. He died shortly before 4 February 1402-3, when his widow confirmed the grant.1 He married Margaret, eldest daughter of Sir James Lindsay, Lord of Crawford, by Margaret Keith. She sur- vived him. They had issue : — 1. ROBERT, who succeeded. 2. Sir Thomas Colville, who appears as a witness to a charter of King James i. in 1429, and was also an attendant of Princess Margaret of Scotland on her voyage to France in 1436, may have been a son of Sir Thomas, but no certain evidence of the fact has been found.2 ROBERT DE OOLVILLE, Lord of Oxnam, was in 1424 one of the hostages sent to England in exchange for King James I., and he remained there until 1432, when Sir Robert Stewart took his place.3 In 1441 he had a charter of the lands of Barn well and Symington, co. Ayr, which had belonged to his mother, and which he resigned to his son Robert.4 He is said to have died about 1449. He married Margaret Oolville, and had issue : — 1. ROBERT, who succeeded. 2. Cuthbert Oolville, who is described in the Exchequer Rolls as born in England, of Scots parents, and who was banished from England for loyalty to Scotland, was not improbably a son of Robert Oolville, but of this no evidence has been found. He had a yearly pension of £10 from the lands of Drumcross between the years 1465 and 1475, when he died, and his widow continued to receive it.5 SIR ROBERT OOLVILLE of Oxnam had a charter of the lands of Barn well and Symington on his father's resigna- 1 Collections, etc., i. 501. 2 Reg. Mag. Sig., 1 March 1538-39; Fordun a Goodall, ii. 485. 3 Rotuli Scotice, ii. 278. 4 Beg. Mag. Sig., 26 May 1441. 5 Exch. Rolls, vii. and viii., per Indexes. Richard Colville, who made an attack on Sir James Auchinleck, and was slain, in revenge, by the Earl of Douglas in 1449, has been said to be the son of Robert, but there is no evidence of this. The historians do not state his relationship. LORD OOLVILLE OF CULROSS 541 tion in 1441, and apparently granted the barony of Ochiltree to his son Robert.1 He also in the same year granted lands within that barony to his mother for her life.2 On 16 February 1450-51 he and his wife had a charter of the life- rent of the barony of Ochiltree, the barony and lands of Hetoun and Maxtoun and barony of Oxnain.3 He and Andrew Ker of Altonburn, a neighbouring proprietor, ancestor of the Kers of Oessford, entered on 10 June 1453 into a mutual bond of maintenance, against all others, the King and Earl of Douglas excepted.4 The year of Sir Robert's death is not known, but he was dead and his widow had married again before 9 October 1466.5 He married, before February 1450-51, Christian Orient on, daughter of Sir Robert Orichton of Sanquhar, who survived him, marrying, before 9 October 1466, as his first wife, Alexander Erskine, afterwards third Lord Erskine. She died between November 1477 and March 1477-78, as appears from a statement by her husband.6 Sir Robert had issue, so far as known, one son, SIR ROBERT OOLVILLE, who in 1441 had a grant of the lands of Ochiltree on his father's resignation.7 He suc- ceeded to his father before October 1466, and held the rank of knighthood in 1467, when he brought an action against Archibald Rutherford for wrongfully occupying his lands of Maxton.8 In 1478, he had a Orown charter con- firming him in part of the lands of Ochiltree which had been occupied under a mortgage by Sir James Auchen- leck.9 He also was a member of Parliament between the years 1469 and 1481.10 He died before 24 January 1488-89, leaving issue by his wife Eufame Wallace, who survived him : "— 1. SIR WILLIAM, who succeeded. 2. David, who as ' natural and lawful ' brother of the deceased Sir William brought an action before the Official of St. Andrews, impugning the legitimacy of his brother's daughter Elizabeth, but the Official 1 Reg. Mag. Sig., 26 May 1441. 2 Ibid., 9 January 1450-51. 3 Ibid., at date. 4 Fourteenth Hist. MSS. Rep., App. iii. 9. 6 Acta Auditorum, 3. 6 Ibid., 70. 7 Reg. Mag. Sig., 26 May 1441. 8 Acta Auditorum, 3, 8. 9 Reg. Mag. Sig., 9 March 1477-78. 10 Acta Parl. Scot., ii. 93, 132. " Acta Auditorum. 126, 146. 542 LORD COLVILLE OF CULROSS pronounced in her favour.1 As David brought this action, it is probable he was the second son and claimed rights of inheritance. He and his brother James kept the castle of Ochiltree by force from the widow and son of Robert Oolville after Flodden, but were ordered to give it up in October 1513.2 3. Philip, designed brother-german of Sir William in a charter of date 23 August 1505.3 4. James, named as brother of Sir William in 1548. He had a son William, named along with him.4 Robert Oolville of Hiltoun, the subject of a later notice and the undoubted ancestor of the present Viscount Oulross, has been claimed as a son of Sir Robert, and half- brother to Sir William, but no evidence has been found of such close relationship, and certain facts render it probable that his connection with the family must begin further back. SIR WILLIAM OOLVILLB, styled of Ochiltree, succeeded his father before 17 February 1489-90, when as son and heir of the late Sir Robert he brought an action against Robert Crawford of Drongane for the sum of £200 Scots.5 He was then a knight. In 1502, he had a narrow escape of his life, being beset at ' Horden ' (a place not certainly identified) by the Douglases of Swyneside, who seem to have borne him a grudge.6 In 1504 he had a Crown charter of the lands of Barn well and Symington.7 He was beset and slain by some neighbour lairds, George Haliburton and Mark Ker of Dolphingston, towards the end of 1508 or beginning of 1509, as his daughter Eliza- beth is styled his executrix, in an action of date 9 February 1508-9.8 Sir William Colville was three times married, first, to Elizabeth, daughter of John, second Lord Kennedy, but the marriage was dissolved on the ground of consanguinity and affinity, some time before August 1498 ;9 secondly, to 1 Liber Offidalis S. Andrece, 40, MS. f. 180. 2 Records of Parliament, 529. 3 Reg. Mag. Sig., 15 September 1505. 4 Ada Dom. Cone, et Sess., xxv. f. 8. 5 Acta Auditorum, 140. 6 Pitcairn's Criminal Trials, i. 32*, 33*. 7 Reg. Mag. Sig. 8 Pitcairn, i. 65*, 68*; Acta Dom. Cone., xx. f. 109. 9 Acta Dom. Cone., xiii. ff. 19, 20. LORD OOLVILLE OF OULROSS 543 Margaret Ker, relict of John Home of Ersiltoun ; l and thirdly, to Elizabeth Orichton, widow of Campbell. Sir William's third wife survived him and was still alive in October 1539.2 Sir William had issue, so far as known, two daughters : — 1. Elizabeth, the issue of Elizabeth Kennedy, as her legitimacy was challenged by her uncle David on the ground that her parents were related in the fourth and fourth degrees of consanguinity and second and third degrees of affinity, but the Official of St. Andrews declared her to be lawfully born.3 She was married to Robert Oolville, son and apparent heir of William Oolville of Ravenscraig. Very soon after her succession, she and her husband resigned her share. of the baronies of Ochiltree and Oxnam, Heiton and Maxton, to Robert Oolville of Hiltoun, the Director of Chancery.4 She married, secondly, Patrick Colquhoun of Pemont and Drumskeath,5 by whom she had issue, one daughter, Francesco,, married, first, to Robert Colville of Cleish, natural son of Sir James Colville of East Wemyss. (See below.) 2. Margaret, perhaps by Margaret Ker, who made up her title to her share of her father's lands about 1511, and who disposed of her share (under the tutor- ship of Mr. Robert Colville, Director of Chancery) to Andrew Ker of Ferny hirst,6 whom she is said to have married, but of this no evidence has been found. ROBERT COLVILLE of Hiltoun, who is directly represented by the present Viscount Colville, has not been clearly ascertained to be the half-brother of Sir William Colville, as has been asserted. He and his son of the same name are confused and merged into one by Wood in his edition of Douglas's Peerage. It was the son who acquired part of Ochiltree and other lands belonging to the main line of the family, but the son was certainly not the nearest heir- 1 Acta Dom. Cone., xiii. f. 31. 2 Protocol Book of T. Kene in Advocates' Library. 3 Liber Ojficialis S. Andrew, 40, MS. f. 180. 4 Reg. Mag. Sig., ,30 April 1509. 6 Ibid., 8 Feb., 1531-32. 6 Ibid., 31 December 1511. 544 LORD OOLVILLE OF OULROSS male, as Wood states, for brothers-german of Sir William were then alive. Robert Oolville is first found on record as the King's Chamberlain, rendering the accounts of Stirling- shire in 1471, l and as he must then have been a man of some experience, it is probable that he was a contemporary rather than a son of the last Sir Robert Colville.2 This is corroborated by the fact that when on 10 October 1483 he received a charter of the lands of Hiltoun, he had already had them in liferent for nineteen years. In that year, and no doubt for some time previously, he was Steward to Queen Margaret of Denmark, wife of King James in. He was her house-steward and comptroller, and dealt with her expenses between 1484 and I486.3 He had a lease of Hiltoun about 1480 and 1481, but latterly held it in feu. It has been said that he was killed at Sauchieburn 11 June 1488, but there is clear evidence he survived that date, and died after January 1495-96, as he was tenant of Hiltoun at that date, but not much later.4 He married Margaret Logan, and had issue, so far as recorded, one son, ROBERT. ROBERT or MR. ROBERT COLVILLE of Hiltoun, who was appointed Director of Chancery on 17 June 1488,5 an office he no doubt owed to his father's influence. He held a number of lands from the Crown in tenancy, as may be seen from the rentals,6 which lands were afterwards contained in his barony of Tilliecultrie. On 13 March 1503-4 he had a charter to himself and his wife of the lands of Hiltoun in Clackmannan, which had belonged to his father, and on which both had bestowed much expense, and on 14 February 1504-5 he received the lands of Cleish in Fife.7. In 1509- (10 and 30 April) he received from Elizabeth Colville of Ochiltree and her husband, her half of Ochiltree and Oxnam, but no relationship between the parties is stated in the charters, and he probably purchased the lands.8 He sold 1 Exch. Rolls, viii. 49, 51. 2 Were speculation admissible, it might be suggested that Robert was the son of Cuthbert, or more probably of the Sir Thomas of 1429 and 1436, but no evidence has been found to corro- borate such a theory. 3 Exch. Rolls, ix. per Index. 4 Ibid., vols. ix. and x. per Indexes ; x. 758. 6 Reg. Mag. Sig., at date. 6 Exch. Rolls, vol. xii., 7 Reg. Mag. Sig., at dates. 8 Ibid. LORD COLVILLE OP OULROSS 545 Oxnam on 5 May to Andrew Ker of Fernyhirst, and is afterwards designed of Ochiltree. In 1511 he had a grant of the barony of Tillicultrie.1 He was killed at Flodden d September 1513. He married Elizabeth Arnot,2 said to be daughter of Walter Arnot of Balbarton. She died before 31 January 1527-28.3 Robert Colville had by his wife, so far as re- corded, only one son : — 1. JAMES, who succeeded. But he had three natural sons and a daughter : — 1. William, who appears to be the same William who is designed son of Robert Colville of Hiltoun, and joint tenant with him of various Crown holdings in 1505 and 1508.4 In 1531 he is described as Canon of the Kirk heuch (St. Andrews). He was provided to the Abbacy of Culross 20 October 1531,5 and bore the title of Commendator of Culross. He describes himself as such in writs granted by him between 1535 and 1565.6 He is named among the dignified clergy who were present at the trial for heresy of Sir John Borthwick in May 1540. In 1542 he took an active part in moving Parliament to rescind the forfeiture of his brother Sir James and to restore his estates. In 1544 he was appointed a Lord of Session, and he also filled the office of Comptroller from 1546 to 1550. Later he joined the Reformers, was present when the Con- fession of Faith was ratified, and was one of those who signed the Book of Discipline.7 He retained his Commendatorship of Culross until his death in February 1566-67. He married a lady named Eufame Dundas, apparently a sister of Archibald Dundas of Fingask,8 who survived him. He had a daughter Sara, who survived her father only a few months, dying in July 1567. After their death, the Regent Moray, on 8 October 1567, granted the escheat of Colville's goods to his grandnieces Elizabeth and Eufame Colville, daughters of his nephew Robert 1 Reg. Mag. Sig. , at dates. * Ibid., 14 February 1504-5. 3 Ibid. , 19 March 1527-28. 4 Exch. Rolls, vols. xii. 581, xiii. 641. 6 Maziere Brady, i. 171. 6 Laing Charters, Nos. 399, 442, 456, 507, 607, 611, 782. 7 ActaParl. Scot., ii. 430-438; Knox, History of the Reformation, Laing's ed., ii. 598. 8 Cf. Reg. Mag. Sig., 31 May 1565. 546 LORD COLVILLE OF OULROSS Oolville of Oleish, on the ground that the Commen- dator was illegitimate and died intestate, and they enforced their claim against his widow.1 2. John Colville, the second natural son of Robert Ool- ville, was provided also to the Abbacy of Oulross on 28 February 1534-35, reserving William's liferent. He styled himself Abbot, and is found with his brother granting charters between 1540 and 1550. He died between that and 23 December 1552.2 3. Robert, who, on 28 February 1539-40, had a charter to himself and his wife from his brother Sir James of part of the lands of East Wemyss and Pitkany.3 A few days before, on 20 February same year, he had the grant of a saltpan with its accompaniments in Oulross from William, Commendator, and John Ool- ville, Abbot, of Oulross, who describe him as their 4 brother-german.' 4 He married Margaret Scougall. 4. Katherine, described as sister of William Oolviller Oommendator of Oulross, in a marriage-contract between her and her brother and George Home, elder of Spott, of date 26 February 1561-62, and in an obligation following on it, by George Home, younger of Spott, of date 12 May 1565.5 SIR JAMES OOLVILLE of Ochiltree, afterwards of East Wemyss, is named, first, in 1505, as joint tenant with his father and mother of certain Orown lands in that year and 1508.6 He and his mother were forcibly kept out of their castle of Ochiltree after Flodden by David and James Oolville, brothers of the late Sir William, against whom royal letters were ordered to be directed on 26 September 1513, and on 20 October they obliged themselves to render the house to its owner.7 He was appointed Director of Chancery before 31 October 1518, as he is so styled in a Orown 1 Reg. Sec. Sig., xxxvii. f. 8; and subsequent proceedings, Acts and Decreets, xlv. f. 158, xlvii. f. 230. There is therefore no doubt of his illegitimacy, and as he, John Colville, and Robert after-named describe themselves as brothers-german (Laing Charters, No. 442), they were apparently born of the same mother, and probably also the sister after- wards named. 2 Laing Charters, Nos. 442, 456, 507 ; Reg. Ho. Charters, Nos. 1488, 1572. 3 Reg. Mag. Sig. , 29 February 1539-40. 4 Laing Charters, No. 442. 5 Reg. of Deeds, v. f. 74; vii. f.164. 6 Exch. Rolls, xii. 581 ; xiiu 641. 7 ActaDom. Concilii, MS. xxvi. ff. 4, 8. LORD COLVILLE OF CULROSS 547 charter of that date.1 In 1526 he was also appointed Comp- troller, during the sway of the Earl of Angus, to whose party he seems to have attached himself, and he appears in that office before August of that year.2 On 10 May 1527, his lands were secured to him in due form by a Parliamentary grant.3 In the following year he founded a chaplainry on behalf of the late Robert Oolville of Ochiitree, his father, the late Margaret Arnot, his mother, and the late Robert Colville, Margaret Logan, Walter Arnot, and Jonet Forret, doubtless his grandparents on both sides.4 On 13 December 1530 he exchanged his barony of Ochiitree with Sir James Hamilton of Finnart for the Fifeshire barony of East Wemyss, a transaction confirmed by the Crown.5 He was appointed one of the first judges of the newly constituted Court of Session in May 1532,6 and he was created a knight between that and 20 August 1533.7 He also took considerable part in public affairs, and his name occurs in connection with various important transactions in Parliament and elsewhere between 1524 and 1538. In the latter year he was deprived of his offices and accused of treason and malversation of his office. He submitted to the King's will 18 July 1539, and was at Culross in February following. He was ordered to ward himself in Blackness, but instead of doing so he fled to England and joined the Earl of Angus. For this he was declared guilty of treason, and his estates were forfeited on 14 March 1540-41, a few months after his death, which took place in England some time before 4 December 1540.8 Sir James married, first, Alison Bruce, said to be a daughter of Sir David Bruce of Clackmannan. She and Sir James had a Crown charter of the mains of East Wemyss 20 August 1533.9 He married, secondly (contract dated 21 May 1536), Margaret Forrester, sister of David Forrester of Garden, who survived him, but died before 16 May 1562. 10 His children were : — 1 Original charter No. 873 in Gen. Reg. Ho. ; same as Reg. Mag. Sig. at date, where witnesses are not detailed. 2 Accounts of Lord High Treasurer, v. 243. 3 Acta Parl. Scot., ii. 320. 4 Reg. Mag. Sig., 19 March 1527-28; cf. also 18 August 1527. 6 Ibid., 19 December 1530; 3 January 1530-31. 6 Acta Parl. Scot, ii. 335. 7 Reg. Mag. Sig., at date. 8 Acta Parl. Scot., ii. 353-355, 365, 368, 369; Laing Carters, No. 442. 9 Reg. Mag. Sig., at date. 10 Reg. of Deeds, vi. f. 265. 548 LORD OOLVILLE OF OULROSS 1. JAMES, who succeeded. 2. Mr. Alexander, of the second marriage.1 He was by the marriage-contract of his father and mother provided to an annual sum of £100 Scots, but on 16 May 1562 he renounced that arrangement, on being paid 1000 merks at certain specified terms.2 He also appears as a witness to an obligation of date 12 May 1565, by George Home, younger of Spott, to Catherine Colville his father's wife.3 (See p. 546 supra.) On 4 February 1566-67 he was provided under the in- exact designation of ' the son of the late Sir James Colville, Knight,1 to the Abbacy of Culross by a royal grant as successor to his uncle William,4 and the appointment must have been made immediately upon William's demise. Shortly before January 1571-72, during Earl Mar's regency, he was appointed one of the Senators of the College of Justice, and he also, on 26 May following, became a Privy Councillor,5 and continued in both offices almost to the end of his life. On 30 May 1586 he entered into a special contract with his nephew James, afterwards first Lord Colville, his eldest son James and three daughters, Margaret, Oicill, and Jean, objecting to certain entails made by them, barring his own lawful succession to the lands of East Wemyss and Tilli- coultry as lawful heir of his father Sir James, grand- father of the first lord.6 In May 1587 he resigned his place as senator in favour of his nephew Mr. John Colvill, but resumed office in the following 1 Sir Robert Douglas, followed by Wood, omits Mr. Alexander in this generation and makes him the brother of the first Lord Colville. But dates rather forbid this, and in a contract of 1586 the Commendator declares himself the uncle of the first Lord, while he is also styled the uncle of Mr. John Colville, second son of Robert Colville, first of Cleish (Reg. of Deeds, xxvii. f. 250; Books of Sederunt, 21 June 1587), the natural son of Sir James. The petition of John, Lord Colville, claiming the title in May 1723, also stated that Alexander was the only brother of the first Lord Colville (House of Lords Journals, xxii. 215), but this is shown to be incorrect. 2 Reg. of Deeds, vi. f. 265. 3 Deeds, vii. f. 164, where Mr. Alexander is inadvertently styled * brother ' instead of ' brother's son ' of William, Commendator of Culross. 4 Reg. Sec. Sig., xxxv. f. 116. It is the inexact description in this writ which has caused confusion, as the « late Sir James ' referred to was not the Sir James who died about 1561, but his father, who died in 1540, as is clear from other evidence. 5 P. C. Reg., ii. 114, 138. 6 Reg. of Deeds, xxvii. f. 250. LORD OOLVILLE OF OULROSS 549- month. In September of the same year he gave up his rights over the property of the Abbacy, which King James afterwards conveyed to his nephew the first Lord Colville.1 The Commendator died in 1597, having married Nicholas Dundas, daughter of Alex- ander Dundas of Fingask, by whom he had issue : — (1) JOHN, who succeeded as titular Commendator of Culross. (2) James, the second son, who on 4 November 1576, received from his father a pension out of the Abbey rents of £111, 4s. 6d. yearly for life, with four bolls of wheat yearly for his support and education.2 On 11 October 1609, he had a charter of the lands of Nether Kinnedder, with a destina- tion to his brother Mr. Alexander Colville.3 (3) Robert, who received on 1 November 1578, from his father, a yearly pension of £20 with five chalders of oats, for life.4 He also had the lands of Nether Kinnedder. He became minister of Culross,6 and continued there until his death. He marrfed Katherine Melville and had issue a son, Mr. Robert,® who succeeded him in Kinnedder, and two- daughters, Jean, married to Mr. John Duncan, his successor in Culross, and Katherine, married (contract 30 October 1637) to James Aitken, son of James Aitken of Middle Grange.7 (4) Mr. Alexander, described in 1600 as brother-german of John Colville, ' Abbot of Culross,' 8 and again in 1609 as brother of John and James. He is probably identical with the Mr. Alexander Colville, who became a Justiciar Depute, and acquired the estate of Blair. If so, he married Agnes Ward- law,9 and had issue. (5) Margaret, described in her marriage-contract of 18 October 1606 as sister of James Colville, second son of the late Alex- ander, Commendator of Culross ; married to Patrick Murray of Pardewis.10 (6) Susanna, daughter of the late Alexander, Commendator of Culross, contracted, on 12 September 1609, to John Mony- penny, fiar of Pitmillie ; he died in France 1 August 1617 ; Susanna Colville was his widow, and he left issue apparently by her ; n but on 22 July 1620 she was again, simply as lawful daughter of the late Alexander, Commendator of Culross, con- tracted to David Preston of Whitehill, whom she married.12 (7) Katherine, who, as sister of James Colville, second son of the late Commendator, had, on 5 September 1612, sasine in liferent of fourteen chalders of victual from Halhill and 1 Reg. Sec. Sig.,lvi. f. 33. 2 Ibid., xliii. f. 124. 3 Protocol Book of James. Primrose, 69, 70. 4 Reg. Sec. Sig., xlv. f. 89. 5 Scott's Fasti, pt. iv. 584. c Perth Sasines, xi. 19, 25. 7 Regality of Dunfermline, Homings, iv. at end; Gen. Reg. Sas., xlvii. f. 44 ; Jean Colville or Duncan died before 18 May 1676 (Dunblane Tests. , 12 December 1678). 8 Reg. Mag. Sig., 2 August 1611. 9 Ibid., 22 June 1620. 10 Reg. of Deeds, ccxxxiv., 11 February 1615. 11 St. Andrews Tests. 12 Reg. Mag. Sig., 2 February 1640 ; Protocol Book of James Primrose, 67, 173. VOL. II. 2 N 350 LORD OOLVILLE OF OULROSS other lands as future spouse of James Melville, younger of Halhill.1 She died on 10 June 1614, leaving issue a son, James, and a daughter, Anna.2 Douglas also assigns as daughters to the Commendator, Grizel, wife of John Preston of Valleyfield, and Jean, wife of Robert Bruce of Blairhall. JOHN COLVILLE, the eldest son, succeeded his father as titular Commendator of Culross in May 1597. He is referred to, however, in 1580, in a grant from his father of two gardens and a house within the walls of the Abbey of Culross.3 In 1587 he had a special grant from King James of the lands of Lurg and Kincardine in the lordship of Culross as a reward for resigning the Abbacy.4 He became titular Commendator at his father's death, but resigned office in 1609, and later is designed of West Comrie, which had been secured to his mother in 1586, and of which he had a charter from Lord Colville in 1612. 5 He appears as an elder of Culross Kirk Session in 1631, and is said to have died between 1645 and 1650. He married Elizabeth Melville, daughter of Sir James Melville of Halhill, a lady remark- able for Christian excellence and intellectual endowments. They had issue :— i. ALEXANDER, of whom below. ii. James, often referred to by his mother in her letters. In 1641 he was sent to Hamburgh in regard to some legal business.6 iii. Samuel, educated at St. Andrews, where he also resided for some years prior to 1654. In that year the masters of the Old College (St. Salvator's) reported that they had ' oftymes bein much offended with his levitie, unsettlednes of spirit and his dissorderlie carriage toward his reverend brother ' (Dr. Alexander Colville, see below), presenting railing libels against him, ' for which he hath bein diverse tymes gravely rebuiked.' 7 He wrote the ' Scots Hudibras,' or ' The Whig Suppli- cation,' a poem published in London in 1710 ; also an essay on the claims of the Papacy styled the ' Grand Impostor Discovered,' published in Edinburgh 1673. ALEXANDER, who succeeded, was educated for the ministry, and was ordained a minister of the Scottish Church, but under the patronage of the Reformed Church of France, a country with which his family had close associations, he became Professor of Theo- logy and Hebrew at the University of Sedan. In or before 1642 he was offered the appointment of Principal of the New College of St. Andrews (St. Mary's), with the Chair of Divinity there,8 which he accepted, and came to Scotland with his family. He 1 Reg. Mag. Sig., 104-106. 2 St. Andrews Tests., 19 August 1614. 3 Reg. Sec. Sig., xlvii.-f. 133. * Ibid., Ivi. f. 33. 6 Acta Parl. Scot., vi. pt. i. 249, 250. 6 Ibid., v. 386. 7 Presbyteries of St. Andrews, etc., Abbotsford Club, 66, 67. 8 Acta Parl. Scot., vi. pt. i. 188. LORD COLVILLE OF CULROSS 551 was admitted Professor in 1642. l His father resigned West Comrie in his favour, and he had a Crown charter of it and other lands on 8 March 1642, and thereafter he is styled Mr. Alexander Colville of West Comrie.2 He was also, about 1650, offered the post of Professor of Theology in Edinburgh Univer- sity, but the General Assembly of the Church forbade his translation.3 He was in 1662 again appointed Principal of St. Mary's, St. Andrews.4 In 1663 he had a Parliamentary ratification of all his lands, which were secured to him on the ground that he had remained a loyal and peaceful subject during the troublous times preceding the Restoration. He is then described as a D.D.6 He died in January 1666,6 without claiming or using the title of Lord Colville, although he was the third in succession,7 failing lawful issue of the second Lord after the latter's death in 1654. He married at Sedan a French lady named Anne le Blanc, who was still alive in 1671, and had issue : — (i) JOHN. (ii) Mr. Abraham, Professor of Hebrew and Mathe- matics in the University of Sedan, named in his brother's confirmation as creditor for the sum of 2600 merks. He died before 29 January 1681,8 when his inventory was made up on behalf of his sister Sarah. (iii) Sarah, only executrix of her brother Mr Abraham. JOHN, son of the preceding, born in Sedan, educated at St. Andrews. He became a minister of the Church of Scotland ; was for a time Regent in the Old College of St. Andrews ; and was transferred to the parish of Midcalder in 1663.9 In 1665 his father disponed the lands of Lurg and Kincardine to him, in connection with his marriage.10 He made his will at Calder on 1 March 1670, and died between that date and June 1671, when his will was confirmed. His debts ex- ceeded his goods by the sum of £1311 Scots. His library and books were valued at 2600 merks; his furniture, etc., at £200 Scots. He placed his children under the charge of 1 Synod of Fife, Abbotsford Club, 214. 2 Acta Parl. Scot., 249, 250. 3 Sir Alexander Grant's Story of the University of Edinburgh, ii. 281. 4 Synod of Fife, Abbotsford Club, 214. 5 Acta Parl. Scot., vii. 473. 6 Lament's Diary, 184. 7 Douglas (1764) and Wood make him fourth Lord, a dis- crepancy due to their misdating the death of the second Lord Colville, and making John Colville of West Comrie succeed as de jure third Lord. 8 Edin. Tests., 17 June 1671, and 29 January 1681. 9 Scott's Fasti, i. 175. 10 Reg. of Deeds (Mack.), 19 January 1709, which proves that Mary Preston's father was Sir George. 552 LORD OOLVILLE OF OULBOSS his mother and of his wife.1 He married (contract 20 October and 4 November 1665) Mary, third daughter of Sir George Preston of Valleyfield,2 by whom he had issue :— a. ALEXANDER, dejure fifth Lord Colville. b. George, styled second son in his father's will, who left to him his library and books, and he was also to have the reversion of his sisters' portions if they died without issue. c. Marion, eldest daughter, to whom her father left 3000 merks. d. Anna, second daughter, who had a similar sum. 3. Alison, by first marriage, who is named in the pro- ceedings of 14 March 1540, but apparently died young, as no further mention of her is found. 4. Margaret, by second wife. Married on 7 March 1553-54 to William Menteith of Randyford, her tocher of 1000 merks being paid by her uncle William, Oom- mendator of Culross, acting for her nephew Sir James, in May 1563.3 She was a widow before 18 July 1571, •when she was contracted, if not married, to Patrick Home, son of the late George Home of Lundeis and Margaret Erskine ; and on 14 May 1576 her husband was James Cunningham, brother-german of John Ounningham of Drumquhassell.4 Sir James Colville had also two illegitimate sons : — 1. .ROBERT COLVILLE of Cleish, from whom the Lords Colville of Ochiltree descended. (See that title.) 2. James, who in 1565 received the lands of Crombie, part of the Abbey domains, from his uncle William, Commendator of Culross.5 SIR JAMES COLVILLE, second of Easter Wemyss, was only eight years of age at his father's death, when he was summoned with his stepmother and the other members of the family to hear doom pronounced upon his father. That was on 9 March 1540-41, but on 10 December 1543, a year after the death of King James v., his estates and goods were restored to him by Parliament, under the influence of Cardinal Beaton and his own uncle William, Commendator 1 Edin. Tests., Ixxiv. 17 June 1671. 2 Reg. of Deeds, ut cit. 3 Ibid., vi. 234. 4 Ibid., xv. 117. 6 Reg. Mag. Sig., 31 May 1565. LORD COLVILLE OF OULROSS 553 of Oulross. He is said to have engaged in military service at an early age, and to have been knighted during the war with England in 1547, but on 2 March 1547-48, when he had sasine of Tillicoultrie, he is described simply as James Colville. He was, however, Sir James Colville, Knight, before 16 October 1553, when he obtained full possession of East Wemyss.1 He died before 16 May 1562,2 having married Janet, daughter of Sir Robert Douglas of Lochleven, and Margaret Erskine.3 He left issue only one son, JAMES* I. SIB JAMES OOLVILLE, third of East Wemyss, is said to have been born about the year 1550-51, and he was still under age in August 1570, when he was affianced to his first wife, Isabel Ruthven, his curators then being William Douglas of Lochleven, his mother's brother,, and Robert Colville of Oleish, his cousin. The Earl of Moray, afterwards Regent, being his uncle on the mother's side, interested himself in young Colville, and took him to France in his train in 1567. He remained in that country, joining the Huguenots, and serving under the King of Navarre, after- wards Henry iv. of France. He returned to Scotland in 1570, where he married. He joined the King's party in the Civil War in Scotland, and in September 1571 aided in defending the Castle of Stirling4 when the Queen's party attacked the Regent Lennox, who was killed in the con- flict. Later he returned to France, where he remained in the service of Navarre until 25 July 1582, when he came back to Scotland in the company of Francis Stewart, Earl of Bothwell, bearing letters from the King of Navarre and the Prince of Conde to King James vi.5 A month later he took part in the 4 Ruthven Raid,' the Earl of Gowrie being his brother-in-law, and in 1583, when the King escaped from his captors, Sir James was one of those whose estates were forfeited. He again went to France, but on 13 September 1583 he received a remission for his share in 1 Exch. Bolls, xviii. 426, 560. 2 Reg. of Deeds, vi . 265. 3 Fraser's Memorials of Wemyss, i. 225 ; ii. 292, 293. 4 Ada Parl. Scot. 6 Calderwood's His- tory, iii. 634. A letter from the King of Navarre writing of Colville in highly commendatory terms, undated, and which may belong to this period, is printed in Fraser's Earls of Haddington, ii. 42-43. 554 LORD COLVILLE OF OULROSS the plot,1 and apparently then returned to Scotland. It is not clear, however, if he at once received back his lands, for he seems to have contemplated once more going to France or elsewhere out of Scotland. This appears from a con- tract of 30 May 1586, between him, his eldest son James, and his three elder daughters, Margaret, Oicill, and Jean on one part, and his uncle Alexander, Oommendator of Oulross, on the other, narrating that he in his minority had been wrongly persuaded to grant tailzies of Easter Wemyss and Tillicoultrie to the late Robert Oolville of Oleish, natural son of the late Sir James Oolville, who had first acquired these properties. It is further narrated that this had been done to the prejudice of the Oommendator, who was the lawful son of the said late Sir James, and his heirs, who were the lawful heirs-male, and as such were the proper inheritors of the lands, they being Crown feus. In consequence of these wrongful entails, and because James Oolville was at the date again proposing to leave the country, he and his son bind themselves that if they die without lawful heirs-male of their bodies, East Wemyss and Tillicoultrie shall be entailed on their nearest heirs- male, whom failing, to Robert Colville of Cleish, 4 son and oy ' to the late Robert Colville, son natural of the late Sir James, and they offer, when required, to resign the lands so that the entails may be altered, that the lands may remain with the name and surname of Oolville, and the charters granted to the heirs-male of their own bodies, whom failing, to their nearest heirs-male and then to Robert Colville as above. In return for this the Com- mendator binds himself, if the succession devolve on his person as nearest and lawful heir-male, to pay to Mar- garet, the eldest daughter £4000 Scots, and to the two others £3000 each— £10,000 Scots in all.2 Oolville's desire of service turned to England, as a few months after the above contract, on 20 August 1586, he wrote to Secretary Walsingham, telling him he had been in the service of the King of Navarre, but that the Master of Gray had suggested 1 Reg. Mag. Sig., xlix. f. 166. 2 Reg. of Deeds, xxvii. f. 250. This im- portant contract was recorded in the Books of Council and Session on 1 June 1588, two years after its execution, at the instance of the Com- mendator, the other parties not appearing to show cause why it should not be registered. LORD COLVILLE OP OULROSS 555 Queen Elizabeth a,s a patron. He expressed his wish to enter her service.1 This proposal, however, came to nothing and, doubtless through the good offices of his uncle Alexander, James Oolvill was taken into the favour of King James vi., who on 9 December 1586, appointed him ambassador to France, and ordered him £2000 Scots for expenses. If he did go to France he returned before 23 May 1587, when he was a cautioner on behalf of the Master of Gray.2 About September 1587, his uncle resigned the abbacy of Oulross into the King's hands, and on 20 June 1589, the property of the abbacy of Oulross was erected into a temporal lordship to be held to him and the lawful heirs of his body, whom failing, to his lawful and nearest heirs-male whomsoever. The reason given for the grant is consideration of Oolville's services at home during the King's infancy and also those rendered abroad.3 In the same year, his former chief, the King of Navarre, became nominally King of France, and Oolville was sent to aid his pretensions to the throne. He landed at Dieppe shortly before the battle of Arques in September 1589, fought at Ivry, and took part in the siege of Rouen.4 He remained four years in France, and was, in 1592, made Governor of St. Valery.5 In 1594 he was recalled to Scot- land, and was sent as envoy to King Henry iv. of France and also to Queen Elizabeth, to announce the birth and bear invitations to the baptism of Prince Henry of Scot- land. For his expenses he was paid 2000 crowns or £6000 Scots.6 He was again appointed ambassador to France on 2 January 1597-98, receiving £1000 Scots for his pains.7 He seems to have returned to Scotland by 28 February 1598-99,8 although this is not certain, as on 1 August 1599 he was granted protection from his creditors in Scotland because the King of France had promised to pay all his debts within a year, and also at the special request of the French ambassador in Scotland.9 1 Thorpe's Cal. State Papers, i. 532. 2 P. C. Reg., iv. 127, 173. It is possible that the proposed embassy was in answer to a letter of uncertain date (Haddington Book, ii. 40) from the King of Navarre desiring that the ' Sieur de Wemes ' might be sent to him. He did go, and fought at the battle of Coutras in October 1587. 3 Reg. Mag. Sig., at date. 4 Scots Guards in France, i. 107, 108. 5 Michel, Les Ecossais en France. 6 Account of Collection of Taxation, 1593-94, Gen. Reg. Ho. 7 Ibid., 1597, December, Gen. Reg. Ho. 8 P. C. Reg., v. 431, 716. 9 Ibid., vi. 19. 556 LORD COLVILLE OF CULROSS On 10 March 1604, lie had a charter in consideration of his services as ambassador to England and to France, where he is said to have remained five years at his own charges, granting the whole lands of the Abbacy of Cul- ross, with all annualrents and other property to himself, described as Sir James Colville of East Wemyss, Knight, and the lawful heirs -male of his body, whom failing, to his heirs-male whomsoever, conferring also on them the style and title of a Lord of Parliament to be called Lords of Oul- ross, and he completed his title by precept and infeftment.1 Calderwood chronicles the fact that he was made LORD COLVILLE in the Parliament of 26 April 1604.2 By the decreet of ranking of 5 March 1606 he is styled James, Lord Colville of Culross, and ranked last but one of the Barons.3 Yet on 20 January 1609, he received a charter as Sir James Colville of East Wemyss, Knight, granting him the same lands, with the same title and same •destination.4 It is of some importance in this connection that when the House of Lords in 1723 restored the dormant title of Lord Colville of Culross, it was ordered to be in- scribed on the roll of Peers * according to the date of the patent creating Sir James Colville a Peer on 20 January 1609.' 5 Lord Colville had other missions to France, one in 1611 to inquire into the affairs of the ancient Scottish Archer Guard of France, who were complaining of the decay of their privi- leges at the Court of Louis xin., but he was unsuccessful." Further attempts on behalf of the Guard were made in 1618.7 The veteran made one more attempt in 1623 to restore the Scottish Guard, and apparently with some •success.8 He died in September 1629, having, according to tradition, while in the act of 'fighting his battles o'er again,' overbalanced himself and fallen down a terrace in his garden at Tillicoultry.9 Lord Colville was twice married: first, about 22 August 1570, to Isabel, daughter 1 Protocol Book of James Primrose, Gen. Reg. Ho., 35-37, where the charter, which is not in the Great Seal Register, is narrated in the Precept of Sasines. 2 Calderwood's History, vi. 262. 3 Herries Peerage Evidence, 162-165. 4 Reg. Mag. Sig., at date. 5 House of Lords Journals, xxii. 6 Scots Guards in France ; and Scottish Archer Guard in France, Maitland Club. 7 See Papers and Letters, Haddington Book, ii. 220-222. 8 Scots Guards in France, i. 114, 115. 9 Old Statistical Account, Tilli- coultry; Dunblane Tests., 19 January 1630. LORD COLVILLE OF CULROSS 557 •of Patrick, Lord Ruthven ; 1 secondly, before May 1599, to Helen Schaw, widow of Robert Mowbray, younger of Barnbougle.2 She survived Lord Colville.3 His issue were : — 1. James, who is named as heir in 1586, and was con- tracted, 6 May 1594, to Elizabeth, daughter of David Wemyss of that Ilk, but who died before 26 September 1595,4 predeceasing his father, without issue. 2. ROBERT, Master of Colville, not named in 1586, but in a charter by his father on 9 June 1597, is called law- ful son and apparent heir.5 Little is recorded of him, except an occasional reference in a charter. He died, in the lifetime of his father, between 1610 and 14 December 1614, as he is referred to as dead in a Crown Qharter of that date.6 He married, after 24 September 1603, Christian,7 eldest lawful daughter of George Bruce of Carnock.8 She survived him, and was alive in 1630.9 The Master had issue, so far as known : — JAMES, who became second Lord Colville. Thomas, named in the confirmation of his father's estate as youngest son, and appointed executor on 9 March 1619. 10 "3. Margaret, described in the contract of 30 May 1586, already cited, as eldest daughter. She and her two next sisters were by first marriage. 4. Cicill, second daughter in 1586 ; married to Laurence Merser of Meikleour.11 5. Jean, third daughter in 1586; married (contract 21 and 23 June 1595) to James Campbell, younger of Lawers,12 afterwards Sir James, and had issue. (>. Helen, daughter by second marriage.13 II. JAMES, second Lord Colville, eldest son of Robert, 1 Reg. Mag. Sig., 24 November 1571. 2 P. C. Reg., v. 716. 3 Laing Charters, No. 2060. 4 Reg, SeCf Sig^ lxviL f> 219< & Reg, Mafff Siff.t 19 December 1598; in Fraser's Memorials of Wemyss, i., he is said to be named in a contract of 9 June 1587. Perhaps he was born in that year. 6 Reg, Mag. Sig. 7 She is named ' Marion Bruce' in his testament-dative •(Dunblane Tests., 9 March 1619), but there is abundant evidence that her name was Christian. 8 Protocol Book of James Primrose, if. 32, 33. 9 Reg. Mag. Sig., 9 August 1630 ; Laing Charters, No. 2060. 10 Dunblane Tests., at date. » Cf. Reg. Mag. Sig., 19 July 1625. 12 Ibid., 19 September 1616. 13 Fife Sasines, ii. 168 (1620). (1) (2) 558 LORD OOLVILLE OF CULROSS Master of Colville, and Christina Bruce, was born in 1604, and he had the peculiar distinction, while only three years old, of being the subject of a great legal debate in which the famous Lord Bacon figured prominently.1 The question was that of the naturalisation of Scots born after the King's accession. To test the point a grant of some land was made to Lord Colville's grandson, and it was arranged that his right should be contested on the ground that he was an alien. The case came up for final decision in 1608 before Lord Chancellor Ellesmere and the other English judges* The result of the trial, mainly helped by Lord Bacon's speech, was that a judgment was given in favour of young Oolville, declaring him, and so all other Scots born after the King's accession, to be ipso jure by the law of England a natural born subject, to purchase freehold and bring real actions within England.2 On 9 October 1617, James, Master of Colville, as son and heir of his deceased father, Robert, Master of Colville, had a Crown charter of the lands of the abbacy of Oulross, and also of the baronies of East Wemyss and Tillicoultrie.3 He succeeded his grandfather in Sep- tember 1629, and soon after disposed of his estate of East Wemyss, which had always been much burdened, to John, Lord Wemyss, afterwards first Earl of Wemyss, for 92,00ft merks.4 He also, about the same time or before 1634, sold Tillicoultrie to William Alexander, Earl of Stirling,5 and it seems probable that he sold Culross, though there is no clear evidence as to when he parted with it. Perhaps the sale was gradual. About 1640 Lord Colville went to Ireland, where he took up his residence. He served with distinction there under Cromwell in 1649, and received a grant of the lands of Bally M'Laughlin, co. Kilkenny. He died in 1654, and was buried in the vaults of Trinity Church, Dublin.6 He married, first, about 13 June 1622, when he was still under age, Magdalen Young, daughter of Sir Peter Young of Seton, 1 P. C. Reg., 558 n, 1697-09. a Bacon's Works, ed. 1826, v. 106 n ; P. C. Reg., viii. 558 n. 3 Reg. Hag. Sig., at date ; Primrose, 138-142. 4 Memorials of the Family of Wemyss, i. 223-225; Reg. Mag. Sig., 9 August 1630. 6 Ibid., 12 July 1634. 6 In the petition by John, Lord Colville (25 May 1723) for restitution of the title, James, second Lord Colville, is said to have died 'leaving no male issue behind him' (House of Lords Journals,. xxii. 215). LORD OOLVILLE OP CULROSS 559 Knight.1 By her, who died in Edinburgh, and was buried there on 28 October 1638, he had apparently no issue. He had issue, not given by Douglas, apparently by another wife, whose name has not been ascertained. He also married, shortly before his death, Margaret Olyntoun, who survived him, marrying, secondly, John Arthur (who was living 13 February 1663), and, thirdly, Nicholas Hooper. Her will was dated 11 August 1686, and she died in that year, and was buried in St. Ibereus Church, Wexford.2 His issue were : — 1. WILLIAM. 2. JOHN. 3. Marjorie, married to Isaac Dobson. III. WILLIAM, wko is styled Lord Colville in 1655, when he had a grant of his late father's lands in co. Kilkenny. He died in 1656, unmarried, and was succeeded by IV. JOHN, his sole brother and heir, who was a minor at his succession and was still under age in 1663. He also assumed the title of Lord Colville, and was alive in 1678. He probably died without issue. The legitimacy of these sons has been impugned, but the evidence is not sufficient to warrant this view, and they were accepted as Lords Colville by their contemporaries. V. ALEXANDER, de jure fifth Lord Colville, called Alex- ander Colville of Kincardine (page 552, supra) was probably born in 1666. He seems to have lived a retired life, and did not assume the title, not improbably because the estates which had belonged to his family were no longer in their possession. He died on 9 August 1717, and was then 'Collector at the port of Dundee, within the parish of Ferry-Port-on-Craig,' in Fife. He married (contract dated April 1687) Mary, daughter of Sir Charles Erskine, Bart., of Cambo, who survived him, and gave up an inventory of his estate, amounting to £4754 Scots.3 1 Gen. Reg. Sas., 1st ser. xi. 18. 2 For this and other information about the second Lord Colville and his family the writer is indebted to The Ancestry of Lord Colville of Culross, by Georgiana M. Colville, London, 1887. For the later members of the family, where no reference is given, that is also the authority. 3 St. Andrews Tests., xviii. 20 June 1722. 560 LORD OOLVILLE OF CULROSS 1. JOHN, who succeeded. 2. Charles, born in 1691, who entered the Army, begin- ning as a gentleman-cadet in the 26th Oameronian Regiment. He fought at Malplaquet in 1709, and thereafter saw much service, at Preston in 1715, Gibralter in 1727, at Dettingen and Pontenoy, and Oulloden. After that he was again on foreign ser- vice in Flanders until the peace of Aix-la-Ohapelle in 1748. He became a lieutenant-colonel in 1755, and lieutenant-general in 1770, dying in Edinburgh 29 August 1775, unmarried, in his eighty-fifth year. 3. Alexander, born in 1693, who entered the Navy in 1710. In 1729 he retired, being appointed Collector of Customs at Dundee until 1735, when he was trans- ferred to Inverness, where he died 20 April 1765, aged seventy-two, unmarried. 4. George, who became a physician at Dundee, where he died, unmarried, in November 1756. 5. William, who died in childhood. 6. Margaret, eldest daughter, married to Alexander Blair. She died in London, 1794, leaving issue. 7. Isabel, married (16 December 1768) to Mr. George Johnston, minister of Monikie, without issue. 8. 9, 10, 11. Penelope, Mary (died at Edinburgh 25 October 1770), Anne, and Catherine, who all died unmarried. VI. JOHN, sixth Lord Colville, was born in 1689, and in due time entered the Army, serving as an ensign in the Cameronian Regiment at the battle of Malplaquet. He was also at the siege of Mons. In 1715 he aided in the suppression of the Jacobite insurrection. He resolved to assert his claim to the family title, and having procured himself served heir to James, second Lord Colvill, on 3 April 1722,1 he appeared at the general election of Scottish Representative Peers on 21 of same month, requesting that his name be added to the roll of Peers. This was refused, as the title had not been in the Rolls of Parliament at the time of the Union of 1707, and the clerks did not conceive themselves empowered to add the name to the Roll.2 He then presented a petition to King George I., 1 Services of Heirs, at date. 2 Robertson's Peerage Proceedings, 102. LORD OOLVILLB OF OULROSS 561 which was brought before the House of Lords 25 May 1723, setting forth that the Abbacy of Culross was, on 20 January 1609, erected into a temporal lordship in favour of Sir James Oolvill of Easter Wemyss, who was created a Peer, with destination to the heirs-male of his body ; whom fail- ing, to his heirs-male whatsoever. That James, first Lord Oolville, was succeeded by his grandson James, the second Lord, who died * about fifty years ago, leaving no male issue behind him,' and therefore the title, by the limitations in the patent, descended to the heirs-male of Alexander Oolville, only brother of the first Lord Oolville,1 whose lineal descendant and heir-male the petitioner was. He therefore claimed to be enrolled among the Peers of Scotland.2 The Committee of Privileges, to whom the petition was referred, reported on 27 May 1723 that they had perused * the record of a patent grante'd by King James the Sixth,' of date 20 January 1609, creating Sir James Oolville a Peer, the dig- nity to descend to his heirs-male whatsoever ; and in terms of that and other writings produced, they found the peti- tioner entitled to the ' honour and dignity of LORD COL- VILLB OF OULROSS in Scotland ' ; upon which the House ordered Lord Colville's name to be placed on the Roll of Peers according to the date of the patent.3 This was done, and Lord Oolville voted at the next election on 13 June 1723.4 In 1727 he was at Gibraltar with his regiment, the 26th, when that place was besieged by the Spaniards ; and in 1739 he was made lieut.-colonel, and commanded a battalion in America. He was present at the siege of Oarthagena, and was seized with fever on board a trans- port in the harbour. Of this disease he died 20 April 1741, in the fifty-third year of his age. He married, in 1716, Elizabeth Johnston, an Irish lady, who survived him, dying at Dundee 3 March 1747-48, aged 47. They had issue, surviving infancy : — 1. ALEXANDER, afterwards seventh Lord. 1 This statement is erroneous, as already shown, but the other facts are correct, and the right of succession remains the same, as the Commen- dator was the only brother of the first Lord's father. 2 Peerage Proceed- ings, 112, 113 ; House of Lords Journals, xxii. 215. 3 Peerage Proceed- ings, 115 ; House of Lords Journals, 217. As appears from the notice of the first Lord, this was not the earliest ' Patent,' but apparently the Charter of 1604 was not produced, and it is not on record. 4 Peerage Proceedings, 117. 562 LORD OOLVILLE OF CULROSS 2. Charles, who died very young. 3. George, born 1720, who entered the Army, and was appointed lieutenant in Colonel Gooch's Regiment, in which his father commanded a battalion, and accompanied the troops to America, where he died of fever at New York in 1739. 4. JOHN, afterwards eighth Lord Oolville. 5. Charles, born 21 April 1726. He had a commission in the 21st N.B. Fusiliers, where his uncle, Major Charles Colville, and his own brother John, were serving. He passed through a varied military career, seeing much service; attained the rank of captain; and died at Newcastle, while marching with his regiment to Scotland, on 15 March 1763, aged thirty- seven, unmarried. 6. James, born 1734, who entered the Navy at a very early age, and saw much service in India. He was made a commander in 1758, and captain in 1759, his ship being the Newcastle. He was in command of the Sunderland, 60 guns, which unhappily foundered in a storm off Pondicherry on 21 January 1761, and Captain Oolville perished with his crew. He was aged twenty-seven, and unmarried. 7. Margaret, married to Captain Paul Castlemaine, younger of Horsley, in Gloucestershire, and had issue. 8. Mary, who died an infant, 4 April 1731. 9. Elizabeth, married to Robert Petrie, and had issue. VII. ALEXANDER, seventh Lord Colville, was born on 28 February 1717. He entered the Navy, and after eight years' service was appointed lieutenant in 1739. He was at the siege of Carthagena, and attended his father at the latter's death, after which he returned to England. He was made captain in 1744, with the command of the Leopard (50 guns), and continued, with slight intermission, in constant service in various ships. He was engaged in the ineffectual expedition against Louisberg in 1757, and was made Commodore on the Halifax station, Nova Scotia. In July 1758 he took part in the capture of Louisberg. In 1760 he relieved Quebec, then besieged by the French, and LORD COLVILLB OF CULROSS 563 two years later he drove the French out of Newfoundland. He was then promoted to the rank of Rear-Admiral of the White on 21 October 1762. His services on the Halifax station gave so much satisfaction to King George in. that he received a special re-appointment to that neighbour- hood, where he completed the naval arsenal. In 1766 he retired, after a service of thirty-five years. He attained the rank of Vice-Admiral in 1769, and died at Drumsheugh, near Edinburgh, on 21 May 1770. He married, 1 October 1768, Elizabeth, daughter of Alexander, fifth Earl of Kellie, and widow of Walter Macfarlane of Macfarlane, the well- known antiquary. She died at Drumsheugh, 2 November 1794, aged fifty-nine. Having died without issue, he was succeeded by his brother — VIII. JOHN, eiglith Lord Oolville, born at Dundee 24 January 1724-25. He entered the Army in 1741, and was one of a convoy ordered to Oarthagena, but was too late to take part in the expedition, or to see his father alive. In 1744 he received a commission in the 21st R.N. Fusiliers, and fought at Fontenoy and at the siege of Ostend. He was present at Oulloden in 1746. In 1751 he was at Gib- raltar, and was made captain in 1754. He retired from the Army after the peace with France in 1763, and shortly afterwards was appointed Inspector-General of the Out- posts in Scotland. In 1770 he succeeded his brother in the title. He resided in his later years near Bath, and died there on 8 March 1811, aged eighty-seven, being buried in the Abbey. He married, 18 July 1758, while in Gibraltar, Amelia Webber, who died at Stoke House, near Bath, 5 August 1788, and was buried in Walcot Church, Bath. He had issue : — 1. Charles, born in April 1759 ; died an infant. 2. Alexander, born in 1761 ; died an infant. 3. James John, Master of Colville, born in London 10 August 1763 ; he entered the Navy in 1779, but after some years' service fell into bad health, and died at his father's house, near Bath, 18 February 1786, aged twenty-two, and unmarried. 4. JOHN, who succeeded as ninth Lord Oolville. 5. Alexander, born 1769 ; died an infant. 564 LORD OOLVILLE OF OULROSS 6. Sir Charles (G.O.B., G.C.H., K.T.S.), born 7 August 1770, at an early age became an ensign in the 28th Foot. In 1791 he was a captain in the 13th Foot, and served in the West Indies, where he was wounded at Cape Tiburon, St. Domingo. He returned to England with the skeleton of his regiment after the West Indian- Islands had been taken from the French in 1795, and received the rank of major. The following year he- became lieutenant-colonel of his regiment, and served in the Irish rebellion. In 1801 he was in Egypt and at the siege of Alexandria. In 1808 he went to* Bermuda, where he was appointed brigadier, and later became Interim-Governor and Commander-in- chief at Grenada, West Indies. In 1810 he obtained the rank of major-general, and was appointed to a. brigade in the army of Portugal, and continued to* serve with great distinction in the Peninsula and south of France until the end of the war in 1814. He gained special notice at El Bodon on 25 Sep- tember 1811, where he handled his troops under a most -determined attack by a superior French force, in such a manner as to call forth the Duke of Wel- lington's encomium on himself and commendations for his troops. At Badajos also he distinguished himself, and again at the battle of Vittoria. In 1815 he also served with honour, having local rank as lieutenant-general. In 1819 he was made Com- mander-in-chief at Bombay, where he brought the military system of that Presidency to a very high degree of efficiency. He left Bombay in 1825, and in 1828 became Governor of Mauritius, where he secured the respect and affection of all classes. He died at Rosslyn, Hampstead, 27 March 1843. Sir Charles married, 16 February 1818, Jane, daughter of William Mure of Caldwell, co. Renfrew, who sur- vived him just two months, dying 27 May 1843, They had issue : — (1) CHARLES JOHN, of whom after, as tenth Lord Colville. (2) Sir William James, K.C.V.O., C.B., born 9 March 1827, and entered the army in 1843. He served in the Rifle Brigade in Canada, and also throughout the Crimean War. He was LORD OOLVILLE OF OULROSS 565 present at the battle of the Alma and the siege of Sevas- topol, and acted as aide-de-camp to General Sir James Simpson while Commander-in-chief. He retired as colonel in 1872. He also held office in the households of the late Duke of Saxe-Coburg and Gotha, and was Master of Cere- monies to H. M. 1894-1903. He died on 16 October 1903. He married 20 January 1857, Georgiana, second daughter of Evan Baillie of Dochf our. They had issue :— i. Arthur Edward William, C.B., born 27 November 1857. Lieutenant-colonel Rifle Brigade, the Prince Consort's Own, served in Afghanistan 1879, and frontier campaigns 1881. Was in South Africa 1899- 1900 and 1902. Married, 6 November 1883, Olivia, second daughter of Lord Alfred Spencer Churchill, second son of the sixth Duke of Marlborough, and has issue :— (i) Robert Alfred, born 15 February 1888. ii. Mary Catherine, born 4 November 1859 ; married, 19 April 1899, to Sir John Winfleld Bonsor, P.C., Chief- Justice of Ceylon. (3) Francis Frederick, born and died July 1832. (4) Anne Amelia, born 7 December 1819 ; married, 29 July 1839, to Francis Jack, Viscount Newry and Morne, son of the second Earl of Kilmorey. Her husband died v. p. 6 May 1851, and she died 6 January 1900, leaving issue. (5) Catherine Dorothea, born 11 January 1822 ; married, 2 October 1861, to Sir John Simeon, Bart., who died 21 May 1870, and has issue. (6) Georgiana Clementina, born 10 August 1828 ; married, 13 July 1865, to Joseph Ridgway of Fairlawn, Sevenoaks, Kent. She died 18 March 1871. 7. George, born in Edinburgh 11 August 1771. He had a commission in the 41st regiment, and was present at the siege of Fort Bourbon and saw other service under Sir Charles Grey 16 March 1794. He died a few months afterwards of fever at St. Domingo, aged twenty- three, unmarried. 8. Isabella, died young. 9. Elizabeth, died an infant. 10. Anne, married, 19 April 1802, to James Forsyth, captain in the 1st Regiment of Dragoon Guards. 11. Catherine, married, 14 June 1792, to the Rev. Roger Frankland, rector of Yarlington and canon of Wells, who died 25 March 1826, and had issue. She died at Clifton 19 September 1843, aged seventy-one, and was buried in Bath Abbey. JOHN, ninth Lord Colville, the fourth in order of .birth, but eldest surviving son of his father the eighth Lord, was born 15 March 1768, and entered the Navy in 1780. His VOL. II. 2 o 566 LORD OOLVILLB OF CULROSS ship joined the fleet under Admiral Sir George Rodney on the West India station, and he was present at the famous engagement in which the Oomte de Grasse was defeated. In 1796 he became post-captain and served in command of various ships between that date and 1807, when he took part in the expedition against Copenhagen. He became Admiral of the White in 1847. He was one of the Repre- sentative Peers of Scotland, and an extra Lord of the Bed- chamber to Prince Albert. He died 22 December 1849. Lord Oolville married, first, on 14 October 1790, at Welford, co. Stafford, Elizabeth, daughter of Francis Ford of the Lea, Barbados, by Elizabeth, daughter of John Hothersall, and by her, who died 19 August 1839, had only one child, a daughter, who died in infancy. He married, secondly, 15 October 1841, at St. Marylebone, Anne, sister of Edward Law, first Earl of Ellenborough, but by her, who survived him, and died 30 May 1852, in Upper Brook Street, had no issue. He was succeeded in his title by his nephew, the eldest son of his younger brother Sir Charles, already referred to. X. CHARLES JOHN, tenth Lord Colville, was born in Edin- burgh 23 November 1818. He entered the Army and was a captain in the llth Hussars. He succeeded his uncle on 22 December 1849. He was Chief Equerry and Clerk- Marshal to Queen Victoria, February to December 1852, and from March 1858 to June 1859 ; Master of the Buck- hounds 1866-68, and Lord Chamberlain to H. M. Queen Alexandra 1873 to 1903 ; a Representative Peer of Scotland, 1852-85 ; K.T. 12 December 1874. He was created a Peer of the United Kingdom on 31 December 1885, and advanced to be VISCOUNT COLVILLE OF CULROSS on 12 July 1902. He died 1 July 1903. Lord Colville married, 6 June 1853, at the Chapel Royal, Whitehall, Cecile Katherine Mary, eldest daughter of the second Lord Carrington, by his first wife, Elizabeth Katharine, daughter of Cecil Weld, first Baron Forester of Willey Park. She was born 12 September 1829, and left issue : — 1. CHARLES ROBERT WILLIAM, second Viscount. 2. Stanley Cecil James, O.V.O., C.B., captain R. N., born 21 February 1861, served in Zulu War 187P, LORD OOLVILLE OF CULROSS 567 Egyptian Campaign 1882, Nile Expedition 1884, and in the Dongola Expedition 1896. He married, 6 Decem- ber 1902, Adelaide Jane Meade, youngest daughter ot Admiral the Earl Olanwilliam, with issue : — (1) George Cecil, born 9 September 1903, 'and for whom King Edward stood sponsor. 3. George Charles, born 21 July 1867. B. A., Cambridge, and barrister-at-law. 4. Blanch Cecile, born 8 August 1857, married, 26 July 1890, to Admiral Richard Frederick Britten. 5. a daughter, who died in infancy. XI. CHARLES ROBERT WILLIAM, eleventh Lord and second1 Viscount Colville/ was born 26 April 1854, in Eaton Place, and succeeded his father 1 July 1903. He is a major (retired) in the Grenadier Guards, served in the Zulu "War 1879; late A.D.O. to the Commander-in-chief at Bombay, and military secretary to the Governor-General of Canada. He married, 7 October 1885, Ruby, daughter of Colonel Henry Dorrien Streatfleld of Ohiddingstone, Kent, and has issue : — 1. Charles Alexander, Master of Colville, cadet R.N., born 26 May 1888. 2. Margaret, born 11 September 1886. 3. Sybil Marion, born 21 July 1897. CREATIONS.— -10 March 1604, Lord Culross ; 25 April 1609r Lord Colville of Culross, in the Peerage of Scotland; 31 December 1885, Baron Oolville of Culross ; 12 July 1902, Viscount Colville of Culross, in the Peerage of the United Kingdom. ARMS. — Not recorded in the Lyon Register, but which appear on a seal of James, first Lord Colville of Culross. — Quarterly: 1st and 4th, argent, a cross moline sable, for Colvill ; 2nd and 3rd, gules, a f ess chequy argent and azure, for Lindsay. CREST. — A hind's head, couped at the neck argent. 568 LORD OOLVILLE OP OULROSS SUPPORTERS. — On the seal alluded to above the supporters are a savage and an antelope coue. At present, however, they are, dexter, a rhinoceros proper ; sinister, a figure of Hercules, habited in a lion's skin and holding his club on his left shoulder. MOTTO. — Oublier ne puis. [J. A.] COLVILL, LORD COLVILL OF OCHILTREE OBERT OOLVILLr natural son of Sir James Oolvill of Easter Wemyss, is called a» heir next in remainder after the heirs-male of his father's body, in a charter by Sir James Hamilton of Fynnart, to the said Sir James Ool- vill, of the barony of Easter Wemyss, dated 13 December 1530, and confirmed by the King 3 January 1530-31.1 From his father he received a charter of the barony of Oleish, in favour of himself and Francisca Oolquhoun, on 15 July 1537, which was confirmed under the Great Seal 21 of same month.2 He was forfeited by Parlia- ment on 10 December 1540 for treason, in giving counsel, favour, and assistance to Archibald, Earl of Angus, and his brother, and for other crimes, which forfeiture was rescinded 12 December 1543. He held the office of Master of the Household to Lord James Stewart, after- wards the Regent Moray.3 An active promoter of the Reformation, he joined the forces of the Lords of the Congregation,4 and took part in their attack upon the French at Leith on 7 May 1560, where he was wounded in the thigh, and died two hours afterwards. It has been 1 Reg. Mag. Sig. 2 Ibid. 3 Exch. Rolls, xx. 51. 4 Knox's History, 227. 570 OOLVILL, LORD OOLVILL OF OOHILTREE stated that Robert Oolvill of Oleish was really the hero of the adventure ascribed to ' Squire Meldrum ' of Cleish and Binns so graphically narrated by Sir David Lindsay.1 He married Francisca, daughter of Patrick Oolquhoun of Drum- skeath, and Elizabeth, daughter of Sir James Colvill of Ochiltree (see page 543). She was married, secondly to Crilbert Mercer of Sawling, and died in July 1591. Robert Oolvill had issue : — 1. ROBERT. 2. John, Master of Arts, St. Andrews, about 1561, minister of Kilbride 1567, presented to the chantorie of Glasgow by James vi. 20 April 1569, demitted his benefice and deserted his charge in 1578. He was appointed Master of Requests in November 1578, but still appears as minister of Kilbride till 1585. He was ambassador to Queen Elizabeth from those engaged in the Ruthven Raid in 1582, for which he was imprisoned and forfeited by Parliament 22 August 1584. Appointed an ordinary Lord of Session 2 June 1587, but resigned nineteen days afterwards. Having joined in the treasonable practices of Francis, Earl of Bothwell, he was driven to the Continent, where he became a Roman Catholic, and died in great want and misery at Paris in November 1605, aged about sixty-three. He was the author of several works. His letters, 1582-1603, were published by the Bannatyne Club, together with a memoir, in 1858. He married, in July 1572, Janet Russell, and had issue, Robert, John, Thomas, a daughter who married Henry Stewart of Whitelaw, and Margaret, who married Sir Jerome Lindsay, Lyon King of Arms. "3. Matthew of Condy, who had issue William, who sold Oondie to Laurence Oliphant in 1601, 2 and Matthew.3 4. William. 5. Thomas, who with his brothers Matthew and William was denounced rebel for non-appearance before the Privy Council 9 June 1584.4 6. Henry, presented to the vicarage of Mukhart 24 1 ' Coronis ' or Supplement to The Hist, of the Church of Scotland, by William Row of Ceres. 2 Condie Charters. 3 Protocol Book of James Primrose, f. 142b. 4 P. C. Reg., iii. 672. OOLVILL, LORD COLVILL OF OCHILTREE 571 October 1577, to the provostry of Kirkwall Cathedral 11 June 1579, but declining to accept either, was presented by the King to the parish of Orphir in Orkney 6 June 1580.1 He was murdered on the Noup of Nesting in Shetland 9 July 1596.2 His grandson, James Colvill of Huip, served heir to him 8 August 1638. 7. Elizabeth, married to Archibald Dundas of Fingask. 8. Euphan, married to James Mony penny of Pitmillie. 9. Grizel, married (contract dated 27 May 1561) to Harry Echlin of Pittadro.3 [She deceased before 12 August 1607.4 10. Margaret, married, 1577, to Arthur Sinclair of Aith in Zetland. ' ROBERT COLVILL of Cleish, had a charter to himselt and Margaret Lindsay, his wife, of the lands of North Lathamis, from Robert, Archdeacon of St. Andrews and Commendator of Dunfermline, dated 10 April 1566, confirmed 11 March 1568-69,5 and a charter from Alexander, Commendator of Culross, of the bailiary of the lordship of Culross on 12 September 1569.6 He appears as clerk to the Lord Treasurer in 1580.7 He had licence to travel beyond seas for three years, 3 December 1583,8 and died in 1584.9 He married Margaret, daughter of John Lindsay of Dowhill.10 She died at the Place of Crombie on 31 August 1601," and had issue : — 1. ROBERT. 2. John, a witness to a charter by Alexander, Com- mendator of Culross, 1 December 1586.12 3. James, a witness to a precept of dare constat by David Balfour of Inschery, 11 July 1589.13 4. Alexander, who was ordered by the Privy Council to be denounced for the cruel wounding of Gilbert Adglay, servant to John Elphinstone of Schank in 1605.14 1 Reg. Sec. Sig., xlv. 8, 40 ; xlvi. 123. 2 Pitcairn, i. 386. 3 Reg. of Deeds, iv. f . 238. 4 Edin. Tests. 6 Reg. Mag. Sig. 6 Ibid. 7 Exch. Rolls, xxi. 545. * Reg. Sec. Sig., xxv. 8. 9 Edin. Tests., 13 August 1586. 10 Perth Inhibi- tions, 16 October 1591. " Edin. Tests., 15 May 1602. 12 Reg. Mag. Sig. 13 Laing Charters, 1188. 14 P. C. Reg., vii. 74. 572 OOLVILL, LORD OOLVILL OF OOHILTBEE 5. Mr. David. He was at Venice in 1615.1 6. Elizabeth. 7. Janet. 8. Margaret, all these children mentioned in their mother's testament. ROBERT OOLVILL of Cleish, who as son and heir of his father had a charter of the barony of Oleish, 17 November 1574.2 He was one of the signatories to the bond for the Raid of Ruthven in 1582, for which he was proceeded against and ordered to ward himself in the Oastle of Dumbarton, which, however, he failed to do, was put to the horn, but was released 2 December 1583.3 He had charters of the house belonging to the Preceptory of Moray, 24 December 1582,* and of the coal betwixt the lands of Torryburn and the torrent of the same on 3 February 1604.5 He died in January 1634. By his wife Beatrix, daughter of John Haldane of Gleneagles, he had issue : — 1* ROBERT. 2. David, married (contract dated 6 July 1630) Agnes, youngest daughter of David Beaton of Balfour, Fife- shire. He died in November 1647,6 leaving issue : — (1) ROBERT, second Lord Colvill of Ochiltree, of whom after- wards. (2) David, who married (contract dated 30 June 1664) Margaret, daughter of Michael Barclay, advocate, and died in June 1665,7 leaving a daughter Margaret, to whom Robert, Lord Colvill of Ochiltree, was appointed tutor, 3 November 1665.* (3) Andrew, who was apprenticed to John Rig, merchant, Edin- burgh, 8 July 1657,9 and was dead before 1 September 1660, as appears from a discharge granted on that date by David his brother and Jean his sister to their elder brother Robert for their two-thirds of the patrimony left by their father to him, who had died intestate. (4) Jean, married, at Crombie, 2 September 1658, to Thomaa Alexander, younger of Skeddaway.10 3. William, a witness to an obligation by Sir Robert his brother, 7 October 1642.11 He married Katharine Brown, and left issue.12 1 Eeg. of Deeds, 285, 31 July 1619. 2 Eeg. Mag. Sig. 3 p. C. Reg., iii. 507, 590. 4 Reg. Mag. Sig. '° Ibid. 6 Deeds (Mack.), 23 December 1667. 7 St. Andrews Tests., 11 May 1687. 8 Reg. Mag. Sig. 9 Edin. Reg. of Apprentices. 10 Lament's Diary, 107. n Laing Charters, 2317. 12 Perth Sasines, viii. 168. OOLVILL, LORD COLVILL OF OCHILTREE 573 4. James, a witness to a charter, dated 1 May 1614, by his father and eldest brother to Andrew Wilson of the Walkmylne of Crummie.1 5. Margaret, married to David Wemyss of Fingask. 6. Grizel, married to James Mitchell of Bandeath, co» Stirling.2 He is also said to have had a daughter Elisabeth, married to Sir William Dalgleish. I. ROBERT OOLVILL of Cleish, who, as eldest son of his father, had a Crown charter of the barony on 1 February 1635,3 and was served heir to his father 12 September 1643. A warrant to dub him knight was granted by King Charles i, on 2 May 1632.4 He was created a Peer by King Charles ii. when in exile, 4^ January 1651, as LORD COLVILL OF OCHILTREE, with remainder to his heirs-male whatso- ever. He died at Crombie on Monday 25 August 1662, and was buried there that very night.5 He married, first, Janet, second daughter of Sir John Wemyss by his second wife Mary, daughter of Sir James Stewart of Doun, and sister of John, first Earl of Wemyss. She died at Cleish in April 1655, with- out issue.6 He married, secondly, Euphan, daughter of Sir Thomas Myrton of Cambo by a daughter of Halket of Pit- firrane. She had a charter as Lady Colvill 23 December 1656.7 She survived him and married, secondly, James, brother of Sir David Carmichael of Balmedie.8 She died 8 November 1708, and was buried in the Chapel of Crombie.9 Her testament was given up at St. Andrews, and confirmed on 5 October 1709, by Cecilia Carmichael, Lady Barns, her daughter. II. ROBERT, second Lord, succeeded his uncle on 25 August 1662, and was served heir to him on 6 November 1662. He married, at Falkland, 19 August 1662, Margaret, eldest daughter of David Wemyss of Fingask,10 and died at Cleish 12 February 1671. u His widow was committed 1 Laing Charters, 1707. 2 Douglas, Baronage. 3 Reg. Mag. Sig. * P. C. Reg., second series, iv. 488. 6 Lament's Diary, 154; Stirling Tests., 18 February 1663 and 5 October 1664. 6 Lament's Diary, 87; St. Andrews Tests., 23 May 1655. 7 Gen. Reg. Sas., xii. 264. 8 Deeds (Mack.), 1 July 1670. 9 Funeral Escutcheon, Lyon Office. 10 Lament's Diary, 150. " Ibid., 153 ; St. Andrews Tests., 28 November 1695. 574 COLVILL, LORD COLVILL OF OCHILTREE prisoner to the Tolbooth of Edinburgh, 2 December 1684, for bringing up her son in fanaticism and in disloyalty, and putting him out of the way when the Privy Council was going to commit his education to others. He had issue : — 1. ROBERT, third Lord. 2. Margaret, married, as second wife in 1701, to Sir John Ayton of Ayton, Fifeshire, who died in 1703, and had issue : — (1) Robert, who assumed the name of Colvill on succeeding to Ochiltree on the death of his uncle, and married Janet, eldest daughter of Sir Peter Wedderburn of Gosford, Bart., and had issue. (2) Andrew, whose descendants succeeded to Craigflower. 3. Mary, who married the Rev. Allan Logan of that Ilk, minister of Torryburn 1695, and of Oulross 1717, till his death in September 1733. She survived him, and died before 19 November 1739.1 III. ROBERT, third Lord, only son, succeeded his father in 1671, and took his oath and seat in Parliament 27 May 1700. He strenuously opposed the Union, voting against it on every question. He died without issue on 25 March 1728,2 when the title probably became extinct. It was, however, assumed by DAVID COLVILL, captain in the 51st Foot, and major in 1778, who was the son of William Colvill, tenant at Bal- cormie Mill in Fife, and grandson of James Colvill in Nether Kinloquhie, by his wife Margaret, daughter of William Wallace, tenant in Cassindillie, which James Colvill he alleged was immediate younger brother of Robert, second Lord. He died suddenly in London 8 February 1782, un- married, when the title was assumed by his cousin, ROBERT COLVILL, only son of John Colvill, wright at Elie in Fife, who was brother-german to William Colvill, tenant at Balcormie Mill above mentioned. He was served heir on 7 April 1784 to Robert, third Lord Colvill, and voted at the election of Representative Peers in 1784 and 1787 without challenge, but at the election of 1788 his vote 1 Stirling Tests. 2 Ibid., 4 February 1729. OOLVILL, LORD COLVILL OF OCHILTREE 575 "being challenged by Lord Cathcart, it was proved that his ancestor James Oolvill in Nether Kinloquhie was not the younger brother of the second Lord, but was the son of Arthur Oolvill at Milltown of Pitmillie. His vote was therefore disallowed, and the assumption of the title ceased.1 CREATION.— Lord Oolvill of Ochiltree, 4 January 1651. ARMS. — Not recorded in Lyon Register, but given by Nisbet as :— Quarterly : 1st and 4th, argent, a cross moline sable, for Colvill; 2nd and 3rd, gules, a fess chequy argent .and azure, for Lindsay. CREST. — A hind's head couped argent. SUPPORTERS. — Dexter, a rhinoceros proper; sinister, a Hercules clothed with a lion's skin with a club in his hand, .all proper. MOTTO. — Oublier ne puts. [P. J. G.] 1 Robertson's Peerage Proceedings, 458467. ELPHINSTONE, LORD COUPAK Y charter under the Great Seal, dated 20 December 1607, King James vi, erected the lands and baronies of the Cister- cian Abbey of Ooupar- Angus into a temporal lordship in favour of his godson, the Hon. James Elphinstone, younger son of the first Lord Bal- merino, with the title of a lord of Parliament, by the style of LORD OOUPAR. His lordship was appointed an Extra- ordinary Lord of Session 7 June 1649, in room of his brother, the second Lord Bal- merino, deceased. Sir James Balfour says of Lord Coupar that 'his head will not fill his brother's hat.' The follow- ing epigram is to the same effect : — ' Fy upon death, He 's worse than a trooper, That took from us Balmerinoch, And left that howlit Cowper.' 1 Lord Ooupar was appointed colonel of one of the regi- ments of foot for the county of Perth, to resist Cromwell in 1650, and was fined £3000 by the Protector in 1654.2 In 1662 he was fined £4800 Scots for not conforming to Episcopacy.3 A curious case relating to Lord Coupar was decided in the Court of Session 3 July 1662. His lordship, sitting in Parliament, took out his watch, and handed it to Lord 1 Brunton and Haig's Senators of the Courts of Justice, 340 ; citing: Balfour's MS. 2 Ibid., 340. 3 Wodrow, i. 275. ELPHINSTONE, LORD COUPAR 577 Pitsligo, who, refusing to restore it, an action was brought for the value. Lord Pitsligo said that Lord Coupar having put his watch in his hand to see what hour it was, Lord Sinclair putting forth his hand for a sight of the watch, Lord Pitsligo put it into Lord Sinclair's hand in the presence of Lord Coupar, without contradiction, which must neces- sarily import his consent. Lord Coupar answered that they being then sitting in Parliament, his silence could not import a consent. The Lords repelled Lord Pitsligo's defence, and found him liable in the value of the watch. His lordship married First, Margaret, daughter of Sir James Halyburton of Pitcur; second, contract 11 October 1666,1 Marion Ogilvy, eldest daughter of James, second Earl of Airlie. She married, after the death of her first husband, John, third Lord Lindores. Lord Coupar dying in 1669 without issue, his title and estates devolved upon his nephew, John, third Lord Balmerino, and his descendants, in terms of the patent and entail. His second wife had prevailed upon him to make a conveyance upon an exchequer resignation, to the exclusion of Lord Balmerino, of his honours and estates in favour of herself and whomsoever she might afterwards marry. His lordship, however, was, at the time of making this disposition, far advanced in years, and suffering from a mortal malady ; and thus the law of death- bed came into effect to render the conveyance of no value ; and it was set aside by a judgment of the Court of Session on the 28 June 1671, upon an action of reduction at the instance of Lord Balmerino, the heir-at-law.* CREATION. — 20 December 1607. ARMS.— Argent, on a chevron sable between three boars' heads erased gules, three hearts or. CREST. — A stag lodged proper winged, antlered, and unguled or, below an oak tree of the first, fructed of the second. SUPPORTERS.— Two stags proper winged, antlered, and un- guled or. MOTTO. — Sub umbra. [j. c.] 1 Gen. Reg. Sas., xviii. 258. 2 Eraser's Elphinstone Book, ii. 132; Riddell's Peerage Law, i. 86. RICHARDSON, LORD CRAMOND LIZABETH, Baroness of Oramond, was the eldest daughter of Sir Thomas Beaumont of Stoughton Grange, co. Leicester,. Knight, by Catherine, daughter and heir of Thomas Farnham of Bed worth, co. Warwick. She married, first, Sir John Ashburnham of Ashburnham, co. Sussex,, Knight, and by him, who« died 29 June 1620, and was buried at St. An- drew's, Holborn, had several children ; her eldest son, John Ashburnham, becoming ancestor of the Earls of Ashburnham. She married Sir Thomas Richard- son, 14 December 1626, at St. Giles-in-the-Fields, London,, without issue. On 23 February 1627-28, she was created Baroness of Oramond1 by a patent of which the following is a summary : — * Oarolus, etc., fecisse, creasse et consti- tuisse Elizabethan! dominam Richardson, conjugem dominf Thomas Richardson, militis, justiciarii principalis in foro causarum communi in palatio Westmonasteriensi, pro toto tempore vitse suae, BARONISSAM DE CRAMOND ; ac post illius decessum, creamus perque modum successionis dominum Thomam Richardson militem, filium et hseredem dicti principalis justiciarii dominum BARONEM DE ORAMOND, dando, etc., eidem post decessum dictse 1 Crawfurd in his Peerage remarks that this is the only instance of a female creation within the realm of Scotland which had come under his notice. RICHARDSON, LORD ORAMOND 579 dominse, suisque hseredibus masculis,1 quibus deficientibus hseredibus masculis de corpore dicti domini Thomse Richardson, patris, post decessum prsefatse dominse, titu- lum, etc., baronum parliament!, tenendum et habendum prsefatum titulum domini baronis de Cramond, post deces- sum prsefatse dominse, cum suffragio in parliamento, dum- modo personaliter praesentes fuerint, et non aliter.' She died in Oovent Garden, and was buried (according to her own desire expressed in her will) with her first husband in St. Andrew's, Holborn, 3 April 1651. Her will, dated 19 February 1650-51, was proved 7 April following.2 Her second husband, Sir Thomas Richardson, who was son of William Richardson and Agnes, his wife, was baptized at Hardwick near Shelton, Norfolk, 3 July 1569,3 was admitted at Lincoln's Inn, as 'Thomas Richardson, of Norfolk, of Thavies* Inn,'4 5 March 1586-87, and called to the Bar 28 January 1594-95. Was Standing Counsel and Under Steward to the Dean and Chapter of Norwich ; Recorder of Bury St. Edmunds and afterwards of Nor- wich ; Serjeant-at-law and Reader of Lincoln's Inn 1614 ; Chancellor to the Queen; M.P. for St. Albans 1620-23, and Speaker for that Parliament. Knighted at Whitehall 25 March 1621; King's Serjeant 20 February 1625-26; Chief-Justice of the Common Pleas 28 November 1626 ; Chief-Justice of the King's Bench 24 October 1631, until his death, which occurred at his house in Chancery Lane 4 February 1634-35. He was buried at his own wish in Westminster Abbey, where there is a monument5 to his memory, of black marble with his bust (by Le Sueur), in his judge's cap, robes, ruff, and collar of SS., his arms and a Latin epitaph, in which it is recorded that he died in the sixty-sixth year of his age. He acquired the manor of 1 That is, to the heirs-male of his body, otherwise the remainder over to the heirs-male of the body of his father would have had no meaning. (See a footnote in the Complete Peerage by G. E. C.) 2 P.C.C., 63, Grey. 3 Chester's Registers of Westminster Abbey (Harl. Soc.), p. 131. 4 Admission Register of Lincoln's Inn. 5 This monument was erected by his son Sir Thomas Richardson, in accordance with a direction con- tained in his will by which he bequeathed £100 for the purpose, ' hopeing that thereby my Children will bee both putt in mynd to praise God for his exceeding mercyes towards us, and also that some of their Children will bee moved to follow that profession wherein it hath pleased God soe much to blesse mee, ffor which Causes I desire this Monument and not upon any Conceipt of vayne glory at all.' 580 RICHARDSON, LORD ORAMOND Honingham, Norfolk, about 1600, and also purchased other estates in that county. His will is dated 16 January 1634- 35, and administration with the will annexed was granted 15 April 1635.1 He married, first, at Barham, Suffolk, 20 July 1595, Ursula, third daughter of John Southwell of Barham Hall, by Margaret, daughter of Edmond Crofts, of West Stow, Suffolk. She, who was baptized, 5 October 1567, at Barham, was buried at St. Andrew's, Holborn, 13 June 1624. By her he had twelve children, of whom only the following lived to maturity : — 1. SIB THOMAS RICHARDSON, who died before his step- mother. 2. Ursula, married Sir William Yelverton of Rougham, co. Norfolk, Knight and Baronet, by whom she had issue. 3. Mary, married John Webb, by whom she had issue. She died 10 March 1656, aged fifty-six. 4. Elizabeth, married Robert Wood of Bracon Ash, co. Norfolk, Esq., by whom she had issue. She died 13 July 1655, aged forty-eight. 5. Susan, unmarried at date of her father's will. SIR THOMAS RICHARDSON, styled Master of Cramond, born 1597 ; admitted at Lincoln's Inn, 23 May 1613, as son and heir-apparent of Thomas Richardson of ' Stanfield, Norfolk, bencher ' ; 2 knighted at Whitehall, 2 December 1626.3 Died in the lifetime of his step-mother, the Baroness Oramond, 12 March 1642-43, aged forty-five, and was buried in the chancel of the church of Honingham, co. Norfolk, where there is a mural monument of marble, with a three-quarter figure of a man in armour, with a sword and truncheon, and a Latin inscription.4 I.P.M. taken at Thet- f ord, 6 October 1643.5 He married, first, at St. Martin's-in- 1 P.C.C., 35, Sadler. By this will the chief -justice entailed the manors of Pentney and West Bilney in Norfolk on his son Sir Thomas Richard- son, with remainder in strict settlement on the male descendants of his said son, and with an ultimate remainder to his kinsman and servant Edward Richardson, who is elsewhere called in the same will ' my well beloved kinsman Edward Richardson, who now serves mee being Clerke of my ffynes.' 2 Admission Register of Lincoln's Inn. 3 Metcalfe's Book •of Knights. 4 There is a plate of this monument in Blomefield's Norfolk, ed. 1805, ii. 449 ; Admon. of his goods and effects granted P.C.C., 11 July 1646. 6 Inq. P.M. 20 Charles I., virtute officii, pt. L, No. 61. RICHARDSON, LORD CRAMOND 581 the-Fields, co. Middlesex, 11 July 1626, Elizabeth, daughter of Sir William Hewett of Pishiobury, co. Herts, Knight, by Elizabeth, daughter of Richard Wiseman of St. Lawrence Pountney, London, Esquire. She died 24 January 1639-40, and was buried at St. Botolph's, Aldersgate, London. He married, secondly, Mary, widow of Sir Miles Sandys of Miserden, co. Gloucester, Knight, and daughter of Sir John Hanbury of Kelmarsh, co. Northampton, Knight, by his wife Mary Whetle of Bury St. Edmunds. She married as her third husband, at St. Bartholomew the Less, London, 27 February 1646-47, John Gofton of Stockwell, co. Surrey, Esquire, whom she survived. She died 1686: her will, dated 1 June of that year, was proved 3 January 1686-87.1 In this will she desired to be buried at Miserden, with her first husband and children. By his first marriage with Elizabeth Hewett, Sir Thomas Richardson had seven sons and three daughters : — 1. THOMAS RICHARDSON, who succeeded as Baron Cramond. 2. William Richardson, Serjeant-at-law. Had the manors of Little Hockham and Stanfeild, alias Stanfeild Hall, co. Norfolk. He died without surviving issue, 1682. By his will, dated 8 March 1681-82, proved 24 July 1682,2 he desired to be buried near his children in St. Botolph's, Aldersgate, London. He married Abigail, widow of ... Chandler. She died, 1689, at Hamp- stead, co. Middlesex; her will, dated 4 May, was proved 20 September 1689 3 by Daniel Chandler her son and executor. 3. Charles Richardson, married, 11 June 1657, at St. James's, Clerkenwell, Elizabeth Wiseman, and had : — (1) Charles Richardson, probably living 31 July 1715. 4 (2) Ursula, living and unmarried 24 June 1681. 6 (3) Anne. (4) Margaret. 4. John Richardson, baptized at St. Andrew's, Holborn, August 1629 ; died young before 16 January 1634-35. 5. Henry Richardson, died 6 September 1663, aged thirty ; buried at Honingham. 1 P.O. C., 12, Foot. 2 Ibid., 89, Cottle. 3 Ibid., 129 Ent. * See will of William, Lord Cramond, P.C.C., 109, Browning, by which an annuity of £20 for life was left to Charles Richardson, gent. 5 She was on that day a witness to the will of Sir William Wiseman, Bart., P.C.C., 29, Cann. VOL. II. 2 P 582 RICHARDSON, LORD ORAMOJSTD 6. John Richardson, died young. 7. Richard Richardson, died young. 8. Mary, died young, 3 March 1638-39, buried at Honing- ham, within the altar rails. 9. a daughter, died young. 10. Elizabeth, baptized at St. Andrew's, Holborn, January 1634-35. Married Richard Mansel (?Mansfeild) of West Leek, co. Derby.1 Sir Thomas Richardson, by his second wife Mary, Lady Sandys, had one son : — 11. Edward Richardson, baptized at St. Martin's, Lud- gate, 23 April 1642 : he is not mentioned in the will of his mother, and probably died young, s.p. II. THOMAS RICHARDSON, Lord Oramond, succeeded his grandfather's relict in the title,2 1651, under the special remainder in the patent by which the title was created. He was baptized at St. Martin's-in-the-Fields, 19 June 1627; was returned one of the Knights of the Shire for Norfolk, April 1660, until his death. He died 16 May 1674, and was buried next day at Honingham, where a monument was erected to his memory.3 He married (licence from the Bishop of London, 20 September 1647) Anne, daughter and co-heir of Sir Richard Gurney, Bart., Lord Mayor of London, by Elizabeth, his first wife, daughter of Henry Sandford of Birchington, co. Kent. She, who was born 1630, died 31 January 1697-98, and was buried at Honingham.4 By her Lord Oramond had : — 1. HENRY, succeeded his father as Lord Oramond. 2. Thomas Richardson of St. Andrew's, Holborn, and of Honingham, co. Norfolk. Born 20 May 1652, and died in London October 1696, s.p. Buried at Pishio- bury, co. Herts. His will, dated 3 October, was proved 10 November 1696.5 He married (licence from Vicar-General, 17 December 1691) Anna, daughter of 1 The will of her brother Serjeant William Richardson mentions his sister Mansfeild. 2 He and his successors were in formal documents frequently styled Lords Richardson. 3 The inscription on this monument is printed in Blomefleld's History of Norfolk, ii. 447. Grants of adminis- tration of his goods and effects were made P.C.C., 16 July 1674, and 26 June and 26 July 1688. 4 Administration to her estate was granted P.C.C., 23 February 1698-99. 5 P.C.C., 229, Bond. RICHARDSON, LORD ORAMOND 58£ Salmon, M.D., of London, and widow of Richard Bourne of the Middle Temple, London, and of co.. Kent, Esquire. She proved her second husband's will, as executrix, November 1696. 3. WILLIAM, succeeded his brother Henry as Lord Oramond. 4. Mary, born 23 December 1655, died 1 August 1666. 5. Angelica, born 24 March 1663-64, died unmarried 15 February 1716-17, buried at Southacre, co. Norfolk.1 III. HENRY, Lord Oramond, born October 1650. Was educated at Cambridge ; M.A. 1668. Died s.p. 5, and buried at Honingham 7, January 1701-2. He married Frances, widow of Sir Edward Barkham, Bart., of Southacre, co. Norfolk, and daughter of Sir Robert Napier, Bart., of Luton Hoo, co. Bedford, by his second wife Penelope, daughter of John, first Earl of Bridgewater. She died at Norwich,. November 1706.2 IV. WILLIAM, Lord Oramond, born 2, and baptized 5, August 1654, at St. Margaret's, Westminster, and was educated at Cambridge; M.A. 1671. Succeeded his brother Henry as Lord Cramond, 5 January 1701-2. Died 7 March 1718-19, and was buried at East Walton, co. Norfolk. Will dated 31 July 1715, proved 5 June 1719.3 He married, first, Elizabeth, daughter of Robert Barkham, of Southacre, co. Norfolk; she died s.p. 28 September 1712, aged fifty-four, and was buried at East Walton. He married, secondly, 9 February 1713-14, at Ringland, co. Norfolk, Elizabeth, daughter and heir of James Daniel, of Norwich, goldsmith. She died 8 September 1722, aged thirty-seven, and was buried at East Walton.4 By his second wife Lord Cramond had:- 1. WILLIAM, succeeded his father as Lord Oramond. 2. Elizabeth, born after 31 July 1715; sole heir of her 1 According to Blomefield's Norfolk, she was buried at Ringland. 2 Wood's Douglas says she was buried at Southacre, 19 November 1706. The Complete Peerage, while agreeing in date, gives the place of inter- ment as 'Dudlington'(?Eidlington), Norfolk. 3 P.C.C., 109, Browning. 4 Admon. P. C. C., 4 December 1722, granted to Elizabeth Daniel, widow, as guardian of William, Baron Cramond, and Elizabeth, his sister. 584 RICHARDSON, LORD ORAMOND brother William, Lord Cramond.1 She married, August 1735, William Jermy, of the Precinct of the Cathedral Church of Norwich, Esquire, only son of John Jermy, of the same place and of Bayfield, Norfolk. She was formally separated from her husband by deed, dated 5 July 1739, and afterwards lived apart from him. She died in London, 1 August 1751, s.p. Will dated 20 June, proved 2 August 1751.2 V. WILLIAM, Lord Cramond, born February 1714-15. He was educated at Corpus College, Cambridge, 1731-32. Died unmarried, 28 July 1735, and was buried at East Walton. At his death the title became extinct or dormant.3 ARMS. — Or, on a chief sable three lions' heads erased of the field ; to which King Charles I. added a canton azure, charged with a St. Andrew's cross argent. CREST. — An unicorn's head, ermine, issuing from a coronet. SUPPORTERS. — Two horses, ermine. MOTTO. — Virtute acquiritur honos. [H. w. F. H.] 1 She and her husband sold Southacre Hall, the last remaining property of the Lords Cramond in Norfolk, to Sir Andrew Fountain, Knight. Honingham had been sold by Thomas, first Lord Cramond, to Richard Bay lie, D.D., Dean of Salisbury, and President of St. John's CoUege, Oxford (Complete Peerage). 2 P.C.C., 238, Busby. 3 On this peerage the Lords of Session remark, that it does not appear that any person ever sat or voted as Lord Cramond, or that any one offered to vote at any election, since the Union, under that title, but as the descendants of Sir Thomas Richardson, if any were, had probably their residence in England, their not having claimed hitherto can be no objection to their title, if they can verify their right to it (Robertson's Proceedings). CRANSTOUN, LORD CRANSTOUN HIS family derived their surname from the terri- tory of Cranston, which is situated on the river Tyne, in the eastern dis- trict of Midlothian. At an early date, it is said in the twelfth century,1 the estate was divided into two portions, Upper Cranston and Nether Cranston, which subse- quently were distin- guished by the names of New Cranston or Cran- stondaw, and Cranston Riddell, respectively. It was with the former that the Cranstouns were associated » Certain individuals of the name are mentioned in early charters, but it is not now possible to establish their actual connection with the family. Elfric de Cranston, who is said to have owned Upper Cranston,2 was witness to a convention between Roger de Quincy and the abbot and convent of Newbottle in 1170.3 Thomas de Cranston flourished in the reign of Alexander u., and made a dona- tion to the monastery of Soltray of some lands lying near Paiston, in East Lothian, for the welfare of his own soul, and those of his ancestors and successors.4 '~s ANDREW DE CRAtffeTOUN, dominus de eodem, is the first of 1 Chalmers' Caledonia. 2 Ibid. 3 Dalrymple's Collections, 350. 4 Reg. Cart, de Dom. de Soltre, 19. 586 CRANSTOUN, LORD CRANSTOUN the name so styled. He was dead before 1338,1 and had a son RADULPHUS or RALPH DE CRANSTON, dominus de New Oranston, who, described as son and heir of the foregoing Andrew, confirmed a grant of certain lands in New Oran- ston to the Abbey of Newbottle, in the year 1338,2 and also confirmed to the monastery of Soltray, about the same date, certain lands in New Cranston, which he had from his ancestors.3 He had a son JOHN DE CRANSTON, who is particularly named in his father's confirmation to the monastery of Soltray before mentioned. He appears to have had at least two sons, but only the name of one has been ascertained, by whom he was succeeded, THOMAS DE CRANSTOUN or CRANYSTON. He had a charter from Thomas, Earl of Mar, Lord of Cavers, etc., in the reign of David n. of the land of Denome (Denholm), Denome Dene, Baliolhage, excepting only the demesnes within the faarony of Cavers, and the whole lands of Stobs, in Rox- burghshire,4 which grant was confirmed by James n. in 1441.5 He also obtained from King Robert 11. a charter, dated at Cambuskenneth 18 January 1380-81, confirming grants of the lands of Foulerysland in Denum, and Little Rulwood, adjoining the said town of Denum, in the barony of Caverys, in the sheriff dom of Roxburgh, by William, Earl of Douglas and Mar; these lands which John Mau- talent and John de Payniston held of the said William, in the town and territory of Langnudreth, in the constabulary of Hadyngton, by William of Set on ; and of the land which is called 'terra Thomae filii Duncani,' in the barony of Symondstoun, in the sheriffdom of Lanark, by Thomas, son of Duncan of Symondston.6 He was dead in or before 1409, and left issue : — 1. WILLIAM. 2. JoJw, who had a precept from Archibald, Earl of 1 Reg. de Newbottle, 167, No. 208. 2 Ibid. 3 Reg. Dom. de Soltre. 4 Robertson's Index, 61, No. 13. 6 The Douglas Book, iii. 425. 6 Reg. Mag. Sig., fol. vol. 143. ORANSTOUN, LORD CRANSTOUN 587 Douglas, to give sasine to his squire John Oran- iston, son of the late Sir William (sic) Craniston, lord of that Ilk, in £20 worth of land granted to him by charter in the town of Sprowiston, dated at Edin- burgh 4 November 1413.1 WILLIAM DE CRANYSTOUN was witness in a charter of Walter de Haliburton of Dirletoun, dated 8 June 1409 ; 2 a party to a contract between Sir Archibald Douglas, Sheriff of Teviotdale, and Sir William Cranstoun of that Ilk, dated 7 April 1409 ; 3 also to an indenture between William Cranstoun of that Ilk and others in May 1414 ; 4 and, as Sir William Cranstoun, Lord of Denom, witness to the signa- ture of Archibald, Earl of Douglas, in a charter dated 20 November 1417.5 He died previous to 1428, and was succeeded by SIR THOMAS CRANSTOUN, probably his son, who had a charter of. the lands of Denholm, etc., as Thomas Cranstoun of that Ilk, from Archibald Douglas of Cavers, dated 28 November 1428,6 was witness to a declaration as to sasine to David of Home in the lands of Wolle and Wolfhoplee in 1436 ; 7 also had a charter from Archibald, Duke of Touraine, Earl of Douglas, etc., of a twenty pound land in the town and territory of Sprouston, dated 2 August 1432 ; 8 a charter of confirmation of the lands of Denholm, Stobs, etc., 10 Sep- tember 1441 ; 9 another of the barony of Greenlaw, in the county of Berwick, 2 March 1451-52. He obtained for his services from William, Earl of Douglas and ^Avondale, a grant of the Earl's lands on the west side of the town of Sprouston, dated 10 May 1446.10 He was employed in negotiations with England at this period, and had a safe-conduct to pass into England for one year with William, Earl of Douglas, dated 23 April 1451.11 He was one of the conservators of the truce of the year 1459, and held the office of Bailie of Ettrick Forest in 1460.12 1 Hist. MSS. Rep., Duke of Roxburgh. 2 Robertson's Index. 3 Old Inventory of Cranstoun writs in Gen. Reg. Ho. 4 Ibid. 5 Seventh Rep. Hist. MSS. Com., 528. 6 Inventory in Reg. Ho. 7 Hist. MSS. Rep., Col. David Milne Home, 20. 8 The Douglas Book, iii. 418. 9 Beg. Mag. Sig. 10 The Douglas Book, iii. 427. " Cal. of Docs., iv. No. 1232. 12 Exch. Rolls, vii. 24. 588 CRANSTOUN, LORD ORANSTOUN He was made a knight between that and 1464.1 His death must have occurred about the year 1473.2 He had issue : — 1. William, who predeceased his father. He had a charter from William, eighth Earl of Douglas, dated 20 August 1443, confirming to William Oranstoun, son and heir of Thomas of Oranstoun of that Ilk, a charter by Archibald, Duke of Touraine and fifth Earl of Douglas, dated 29 November 1434, of the lands of Nether Crailing, with pertinents lying in the shire of Roxburgh, an annex of the barony of Bothwell,3 also a sasine on a precept, dated at Stirling 15 May 1450, by William, Lord Crichton, Chancellor of Scotland, for infefting William of Cranstoun, firstborn son and apparent heir of Thomas of Oranstoun of that Ilk, in the granter's lands of Molyn and Rahill (Rahills), in the sheriff- dom of Dumfries.4 He had a charter to William Oranstoun of Cralyn (Crailing) of the office of coroner of the county of Roxburgh, 2 March 1451 - 52 ; 5 another of the lands of Nether Kidston and others, in the county of Peebles, 12 April 1452.6 He was apparently employed with his father in negotiations with England, and as a conservator of the truce. His name and that of his father appear in the list of jurors on an inquest of Archibald Douglas of Cavers, held at Jedworth 28 January 1464-65.7 He also had a charter in his favour granted by Thomas of Oranstoun, presumably his father, of the lands of Denholm, 17 February 1465-66.8 2. James, noted in a writ cited below, about 1494. 1 Eeg. Mag. Sig., 11 October 1464. 2 At the same period there flourished another Thomas de Cranstoun, a man of considerable importance in the kingdom, and with whom Thomas Cranston of that Ilk has not in- frequently been confounded. He was much employed in negotiations with England, was also a conservator of the truce, Constable of Edinburgh Castle in 1436, Provost of Edinburgh, and Receiver-general of the King besouth the Forth 1434 (Exch. Rolls, iv. 597). He it was, in all probabi- lity, who, with Sir William Crichton, the Chamberlain, and William Fowlis, Keeper of the Privy Seal, was sent ambassador to Eric, King of Denmark, Norway, and Sweden in 1426 to adjust the debt due for the cession of the Hebrides. 3 Laing Charters, No. 122. 4 Ibid., No. 129. 5 Reg. Mag. Sig. 6 Ibid. 7 Seventh Rep. Hist. MSS. Com., 728. 8 Inven- tory, Gen. Reg. Ho. CRANSTOUN, LORD CRANSTOUN 589 3. a daughter, married to Patrick Ruthven of that Ilk, and mother of William, first Lord Ruthven.1 Thomas Cranston had a natural son, William of Cranstoun, designed brother-natural of William of Oranstoun, Lord of Crailing, when acting as procurator for the latter in an instrument dated 31 March 1461, relating that, in presence of the notary and witnesses, he dissolved, by breaking stone, wood, and earth, a pretended and scandalous sasine, which Edward of Levington took, or said he had taken, of the lands of Ouyeltoun and Rahill, in the sheriffdom of Niths- dale.2 JOHN DE ORANSTOUN who served heir to Thomas Oran- stoun of that Ilk, 6 February 1472-73, succeeded, and is described as brother's son to Thomas of that Ilk, in a sasine following on his service on 8 November 1474.3 He had a precept of dare constat in his favour as John Cranstoun of that Ilk, 29 March 1474,4 and had sasine of Oranstoun in 1473.5 In 1490 he is described as ' baroun of Smalem,' and is mentioned along with James Cranstoun his * erne ' in 1494.6 He was alive on 4 November 1494, when he took sasine of the lands of Denholm,7 but died shortly thereafter, leaving issue : — 1. WILLIAM, born in 1478. 2. John, feuar of Howford in Ettrick Forest in 1510.8 He married Agnes Quhitlaw, relict of Nicol Ormiston of Meredene.9 WILLIAM DE ORANSTOUN had a sasine in 1500,10 also a sasine in favour of William Oranstoun of that Ilk, Knight, lawful and nearest heir of his father, John Cranstoun of that Ilk, of certain annualrents from tenements on the north side of the ' Causegate ' and in the ' Valcargate ' of the burgh of Jedburgh, on 30 September 1508.11 He had a charter from James Douglas, Sheriff of Teviotdale, of the lands of Stobs, etc., dated 30 October 1512.12 In 1508 he is described as thirty years old and married.13 His wife was 1 Cf. Reg. Mag. Sig., 22 June 1465. 2 Laing Charters, No. 145. 3 Inventory, Gen. Reg. Ho. 4 Ibid. 6 Exch. Rolls, ix. 675. 6 Acta Dom. And., 189. 7 Inventory, Gen. Reg. Ho. 8 Exch. Rolls, xiii. 649. ° Acta Dom. Cone., xix. 266. 10 Exch. Rolls, xi. 463. « Laing Charters, No. 267. 12 Inventory, Gen. Reg. Ho 13 Acta Dom. Cone., xix. 235. 590 CRANSTOUN, LORD CRANSTOUN Margaret Hume, who survived him, and who in 1522 was wife of James Murray of Falahill.1 He died on 5 August 1515,2 leaving issue : — 1. JOHN. 2. Thomas, who had a charter of feu-farm to Mr. Thomas Oranston, second son of the deceased William Cran- ston of Oranston, of the King's lands of Elburne, otherwise Weststeid of Longhope, in the county of Selkirk, 7 January 1535-36.3 He married Helen Macgill, who survived him and married, before 1563, William Knowis. By her he had a daughter Janet, married (contract dated 16 March 1560-61) to John Knowis, son of Mr. John Knowis, burgess of Lin- lithgow.4 JOHN ORANSTOUN of Cranstoun, was served heir to his father, 30 October 1515. He had a precept of dare constat of the lands of Denholm, Fowlersland, Little Rulwood, etc., from Douglas of Cavers, the superior, 26 April 1521, and a charter to himself and Janet Scot, his wife, of the lands of Smailholm, Sprouston, etc., 15 June 1526. He married Jean or Janet Scot, daughter of Sir Walter Scot of Buc- cleuch (p. 230 of this vol.), by his third wife Janet Beaton, daughter of the Laird of Creich.5 He died in 1552, leaving issue : — WILLIAM, who succeeded. He had also a natural son, Captain John, dead in 1586.6 SIR WILLIAM CRANSTOUN of Cranstoun, had a charter to himself and Elizabeth Johnston, his wife, and John Cran- stoun, their son, of the lands of New Cranstoun, in the county of Edinburgh, 30 May 1553.7 He was dead before 23 May8 1569, and by his wife, a daughter of Andrew Johnston of Elphinston, left issue : — 1. JOHN, who succeeded. 2. James.9 3. Mr. Thomas,10 executed at Perth, 23 August 1600, 1 Acta Dom. Cone., xxxiii. 101. 2 Laing Charters, No. 311. 3 Reg. Mag. Sig. 4 Reg. of Deeds, iv. f . 180 ; vi. f . 175. 6 Crawfurd's Peerage, Scots of Buccleuch, 53. 6 Reg. Sec. Sig., liv. 39. 7 Reg. Mag. Sig. 8 Exch. Rolls, xx. 396. 9 Acts and Decreets, xxxiii. 306. 10 Reg. of Deeds, xix. 341. CRANSTOUN, LORD CRANSTOUN 591 along with two others, attendants of the Earl of Gowrie, for drawing their swords in the time of tumult in which the Gowrie Conspiracy culminated.1 4. Alexander, who on 27 March 1561 chose his father and others as curators ad lites. In April 1565 he is described as flar of Glenraith, co. Peebles, that estate having apparently been settled on him. He was alive in 1596.2 5. Andrew.3 6. Mr. George, who died between 1589 and 1592.4 7. Marion, married, first, to Robert Scott of Aikwood, contract dated 9 February 1564-65 ; 5 secondly, to John Hume of Crumstanes.6 8. Margaret, married to Sir Robert Scott of Thirlestane.7 SIR JOHN CRANSTOUN of Cranstoun, had a charter from his father to himself and Margaret Ramsay, his wife, of the lands of Denholm, etc., 24 January 1562-63. He succeeded his father before 23 May 1569, when he had sasine of the lands of Sprouston and others.8 He had a discharge by William Douglas of Cavers as overlord, dated 29 March 1574, to John Cranstoun of that Ilk, son and heir of the late Sir William Cranstoun, Knight, of the composition of non-entry for the lands of Denoume Mains, Little Roul- wood, and Foullerslands, also lands of Denoume wherever they lie, Denoume Dein, Baize Hag, and the lands of Stobs, as they lie in the lordship of Denoume, barony of Cavers, etc.9 He early threw in his lot with the cause of the Reformers, and in April 1560 set his name to the Band of the Scottish Nobility wherein the reformation of the true religion and the expulsion of the French with the aid of the Queen of England's army was declared the undertaking of its signatories,10 and the same year sat in the Scottish Parliament which approved the Confession of Faith.11 He was appointed one of the commissioners for the apprehen- sion of Jesuits and Seminary priests within the bounds of 1 Pitcairn's Criminal Trials, vol. i. pt. iii. 155. 2 Acts and Decreets, xxi. f. 73; xxxiii. f. 190; Deeds, xix. 403; Laing Charters, No. 1321. 3 Reg. Sec. Sig., liv. 39. 4 Deeds, xliv. 76. 6 Acts and Decreets, xxxi. 301. 6 Deeds, xii. 173. 7 Thirlestane Inv. ; M'Call's Some Old Families, 211. 8 Exch. Rolls, xx. 396. 9 Laing Charters, No. 888. 10 Cal. of Scot. Papers, i. No. 753. n Acta Parl. Scot., ii. 526. 592 ORANSTOUN, LORD CRANSTOUN the sheriffdom of Roxburgh, or Teviotdale, in 1589, and is described by Galderwood as 'that religious and zealous professor Sir John Oranstoun of that Ilk.' He was alive in 1609, when on 8 June of that year, designated as elder of that Ilk, he granted a charter of the lands of Smailholm.1 By Margaret, his wife, eldest daughter of George Ramsay of Dalhousie, he had the following family : — 1. John, who predeceased his father without issue. 2. SARAH (described in her marriage-contract as second daughter). 3. Margaret, married to a son of William Douglas of Cavers (contract dated 1 June 1580) .2 4. Elizabeth, married to Mr. William Douglas (contract dated 27 July 1609).3 5. Helen, married to Mungo, eldest son of James Rig of Carberry, between 17 November 1596 and December 1598.4 6. Jean, married to Rutherford of Hunthill. SARAH ORANSTOUN, second daughter and co-heir, married William, son of John Oranstoun of Morriestoun, whose father was Outhbert Oranstoun of Thirlestanemains 5 (con- tract dated 13 and 31 December 1580), whereupon a charter passed the Great Seal, 15 March 1581-82, to John Oranstoun of Oranstoun, William Oranstoun, son of John Oranstoun of Moriestoun, and Sarah Oranstoun, his wife, daughter of the said John Oranstoun of Cranstoun, of the lands of Easter and Wester Kirkhoppis, Elenburne, etc., in the county of Selkirk.6 William Oranstoun had a charter from Sir David Home of Wedderburn in 1605, to himself and his wife, of the lands of Over and Nether Woolie, in the county of Roxburgh, and another in similar terms of the lands of Lyleston in Lauderdale, dated 4 January 1612. He was appointed by James vi. Captain of the Horse Garrison, or King's Guard, under the Earl of Dunbar, Lieutenant of the Borders, and in that office with a body of five-and-twenty horsemen he distinguished him- self by his zeal and vigour in suppressing the lawlessness 1 Inventory, Gen. Reg. Ho. 2 Ibid. 3 Ibid. 4 Laing Charters, Nos.. 1321 and 1363. 6 Deeds, xxxvi. 18. 6 Reg. Mag. Sig. CRANSTOUN, LORD ORANSTOUN 593 then prevailing through that region. The numerous Acts of indemnity passed in favour of himself and his assistants Are eloquent testimony to the drastic measures he em- ployed, and the summary nature of the justice he dispensed. In 1605 he was keeper of Lochmaben Castle and a deputy- lieutenant of the Borders.1 He was raised to the Peerage by the title of LORD ORANSTOUN, by patent, dated 19 November 1609, to him and his heirs-male, bearing the name and arms of Oranstoun,2 and the same year he repre- sented the smaller barons of Roxburghshire in the Conven- tion of Estates in Edinburgh. On 15 June 1611 a commis- sion was granted to Lord Cranstoun and others to be His Majesty's Justices in the middle shires (virtually a re- appointment of the office of commissioners which they previously held), with a salary of £500 per annum, and in August of the same year he resigned his appointment as Captain of the King's Garrison, succeeding to the Earl of Dunbar as Lieutenant of the Borders, and being admitted a member of the Privy Council. He was a man of singular energy and fearlessness, and though his relentless rule on the Borders of necessity made him many enemies, yet his persistence therein brought back that region to a state of law and order such as it had not known for many years, and from which it never really again relapsed. He apparently survived his wife, who was alive on, but is not named later than, 11 March 1619,3 and died in June 1627, having had issue : — 1. JOHN second Lord Cranstoun. 2. James, styled Master of Cranstoun, married, first, Elizabeth, eldest lawful sister of David Macgill of Cranstoun Riddell (post-nuptial contract dated 10 and 12 July 1612) / For maintaining a quarrel which he had entered into with the son of Sir Gideon Murray, whom he persistently challenged to fight after due reconciliation by order of the Court, he was imprisoned in Blackness Castle, and in August 1610 was banished from the country during his 1 P. C. Reg. 2 Reg. Mag. Sig., at date. 3 Ibid. The Complete Peerage erroneously assigns him Elizabeth Macgill as a second wife. She was the wife of his son James. 4 Recorded 12 November 1614 ; Reg. of Deeds, vol. 228. 594 CRANSTOUN, LORD CRANSTOUN Majesty's pleasure.1 He married, secondly, Eliza- beth, eldest daughter of Francis Stewart, Earl of Bothwell. He died 1633,2 leaving issue by his first marriage one daughter : — (1) Elizabeth, married, 1632, to Thomas Craig of Riccarton.3 And by his second marriage : — (2) WILLIAM, third Lord Cranstoun. (3) Margaret, married to Cockburn of Clerkington. (4) Sara, married to Sir Robert Dobie of Stanyhill (charter to her as his affianced spouse, 12 November 1641). 4 Her testament was confirmed 21 December 1691.5 (5) Isabel, youngest daughter,6 married to Sir Gilbert Elliot of Stobs. 3. Henry. He was decerned, 29 July 1617, to marry Isobel, daughter of Patrick Symson, minister of Stirling, whom he had promised to marry, and who had a 4 maiden bairn ' by him, but the decreet was reduced 31 July 1618.7 He was appointed a colonel of horse for Roxburghshire in 1644, and was also one of the commissioners of war for the county.8 He married Margaret Wauchope, who survived him, and was alive in 1653.9 4. Thomas. 5. Agnes, styled eldest daughter, 1618. 10 6. Elizabeth, married to John Edgar, younger of Wed- derlie.11 7. Barbara (also called Janet), married (contract 2 November 1615) to John Seton of Touch.12 II. JOHN, second Lord Oranstoun, had a charter of the lands of Denholm, Fowlersland, Little Rulwood, etc., to himself and Elizabeth Scott, his wife, 30 June 1619, also an annuity out of the lands of Smailholm, Wauchope, etc., to himself and Helen Lindsay, his second wife, 23 April 1623. He was served heir to his father 10 November 1627, and had charters of the lands of Aldingston and Dodes, in Berwickshire, 26 January 1633, of Smailholm, Crailing, Oranstondaw, called New Oranstoun, Liggartwood, the 1 Abbotsford Club, Metros Papers. 2 Ed in. Tests. 3 Edinburgh xix. 39 ; Decreets, 486, 19 June 1635. 4 Edinburgh Sas., xxix. 463. 5 Edin. Tests. 6 Ibid. 7 Edin. Com. Reg. of Decreets. 8 Acta Parl. Scot., vi. 1648. 9 Inventory, Gen. Reg. Ho. 10 Edinburgh Sas., i. 301. n Reg. Mag. Sig., 11 March 1619. 12 Inv. Gen. Reg. Ho. CRANSTOUN, LORD ORANSTOUN 595 barony of Cranstoun, and of the office of coroner for Roxburghshire, 17 January 1638, to himself in liferent, and to William, Master of Cranstoun, only son of the deceased James, Master of Cranstoun, brother-german of John Cranstoun, in fee, etc., whom failing to Henry and Thomas Cranstoun, brothers - german of the said Lord Cranstoun, George Cranstoun of Glen (nepospatris proavl), grandson of the late Sir Thomas Cranstoun of that Ilk, Knight, father of the great-grandfather on the mother's side of the said Lord Cranstoun, and the heirs-male of their bodies respectively ; whom failing to the nearest heir-male of John, Lord Cranstoun, bearing the name and arms of Cranstoun.1 He married, first, Elizabeth, youngest daughter of Walter, first Lord Scott of Buccleuch (contract dated 22 November 1616, recorded 20 March 1617 2); secondly, Helen, youngest daughter of James, seventh Lord Lindesay of the Byres, who died 1658, but had no issue by either. He was dead in or before 1648, and was succeeded by the son of his brother James. III. WILLIAM, third Lord Cranstoun, granted a commis- sion, dated July 1649, to Harie and John Cranstoun, as factors to alienate and dispone his lands, and from this date the dismemberment of the family estates proceeded with rapidity. Ligertwood (Leg er wood), in the parish of that name and shire of Berwick, was apprised from him at the instance of James Wilson, merchant burgess of Edinburgh, in March 1653.3 The estate of New Oranstoun passed into the hands of Sir John Fletcher, the King's advocate.4 Over and Nether Woolie and other lands in the south of Rox- burghshire were purchased in 1659 by Sir Gilbert Elliot of Stobs, while Denholm, Rulewood and Fowlerslands also henceforth ceased to belong to the family. In 1648 Lord Cranstoun was appointed a colonel of horse, or foot, for Edinburghshire, and one of the commissioners of war for the county of Roxburgh, and the same year, as one of the * Engagers/ he took part in the unfortunate invasion of 1 Reg. Mag. Sig., at date. The charter is correctly quoted, but in the original the relationship of Sir Thomas Cranstoun to Lord Cranstoun is wrongly stated. 2 Beg. of Deeds, vol. 259; vol. ii. of this work, p. 233. 3 Beg. Mag. Sig., 1653, No. 134. 4 Sir James Dalrymple's Coll., 350. 596 CRANSTOUN, LORD CRANSTOUN England under the Duke of Hamilton, which ended in the disastrous rout of Preston. In the following year he pre- sented a petition to the commissioners of the kirk, express- ing deep contrition for this grievous offence, with a desire to make public confession of his guilt and become reconciled to the kirk before leaving his native land, intending to use all means with those in power in England to have liberty to go beyond the sea. The commissioners were, however, unable to grant his request, and recommended him to the General Assembly,1 by whose good offices he was in December 1650 readmitted to the Parliament, his incapability removed, and he reponed to his former integrity.2 Notwithstanding his deep contrition he joined Charles II. after his landing in Scotland, marched with him to Worcester, where he was taken prisoner and immured in the Tower. From Cromwell's Act of Grace and Pardon (August 1654) he was particularly excepted, and lands of the yearly value of £200 were settled on his wife and children out of his estates, which were forfeited.3 On being recommended by Lilburne to the Protector's favour, he obtained a licence in 1656 to levy 1000 men for the service of the King of Sweden in Poland, in accordance with the policy of Monck, who hoped thus to get rid of the turbulent and disaffected spirits with which the country abounded, but he experi- enced great difficulty in transporting his mutinous levies to their destination.4 As a result of his services, the King of Sweden, Charles Gustavus, made a special request to the Protector through his ambassador that Lord Cranstoun's estate in Scotland be absolutely dis- charged from confiscation, which was granted, and an order to that effect approved 19 June 1656.5 His estates were now of little worth to him, however, their annual value that year being stated at £596, 9s. 7d., while his debts amounted to £10,182, 8s., 7d.6 In 1657 he was for- mally pardoned by Parliament.7 He was living 29 July 1664. He married Mary Leslie (' Lord Cranstoun a gallant man, but she a vitious woman ' 8), second daughter of Alex- 1 Proc. of Commissioners of Gen. Assembly, Scot. Hist. Soc. 2 Balfour's Annals, 1650. 3 Crawfurd's Official Statement, 454. 4 Scotland and the Protectorate, Scot. Hist. Soc. 6 State Papers, Domestic Series. 6 Acct. of Forfeited Estates and Claims. 7 Acta Parl. Scot., vi. pt. ii. 1657. 8 Macfarlane's Gen. Coll., 52. CRANSTOUN, LORD ORANSTOUN 597 ander, first Earl of Leven (contract 10 July 1643),1 and had issue : — 1. JAMES, fourth Lord Cranstoun. 2. Alexander. 3. Agnes. 4. Helen. 5. Margaret. 6. Christian. 7. Elizabeth. 8. Mary. 9. Barbara. (All nominated in a bond of provision, dated 20 March 1663 2). IV. JAMES, fourth Lord Cranstoun, had a charter to James, Master of Cranstoun, of the lands of Smailholm and Nether Crailing, in the county of Roxburgh, 29 July 1664. He died between 1685 and 1688.3 By his wife Anne, daughter of Sir Alexander Don, Baronet, of Newton, near Kelso, he had two sons : — 1. WILLIAM, fifth Lord Cranstoun. 2. Alexander, who died at Darien, without issue. V. WILLIAM, fifth Lord Craustoun, supported the treaty of Union in the last Scots Parliament, and died 27 January 1726-27. He married, before 1703, Jean Ker, eldest daughter of William, second Marquess of Lothian, and by her, who sur- vived him forty-one years, dying in March 1768, had issue : — 1. JAMES, sixth Lord Cranstoun. 2. William, died young. 3. Archibald, died young. 4. Alexander, baptized at Crailing, 5 May 1713, died young. 5. William Henry, baptized at Crailing, 12 August 1714. He was a captain in the army, and married at Edin- burgh, 22 May 1744, Anne, daughter of Mr. David Murray, merchant in Leith, a son of Sir David Murray of Stanhope, Baronet. The marriage was kept private on the plea that the lady being a Roman Catholic, and the fact becoming known, Captain Cranstoun's preferment would be prejudiced. A daughter was born at Edinburgh on 19 February 1745, and in the following year Cranstoun disowned the marriage. His wife raised an action of declarator before the commissaries of Edinburgh, and after a lengthy litigation there, and subsequently in the 1 Gen. Reg. of Sas., liii. 149. 2 Deeds, Durie, 26 March 1678. 3 Privy Seal Eng. Reg., iv. 315. VOL. II. 2 Q 598 CRANSTOUN, LORD CRANSTOUN Court of Session, a declarator of her marriage and her daughter's legitimacy was pronounced. His relations with a Miss Mary Blandy, daughter of a retired attorney at Henley in 1746, were the cause of that lady administering poison to her father from the effects of which he died, and for which she was hanged at Oxford in 1752.1 Captain Cranstoun died at Fumes in Flanders, 2 December 1752. 6. Charles, baptized at Crailing 26 February 1716, died unmarried. 7. George, married Maria, daughter of Thomas Brisbane of Brisbane, in Ayrshire, who died at New Cairn- muir, 27 October 1807. He died at Edinburgh, 30 December 1807, having had issue : — (1) Henry Kerr, of the Navy Pay Office, London, married, first, to Christina Smart, and had issue; secondly, 11 October 1803, Mary Ann, eldest daughter and co-heiress of Sir John Whitfoord of Whitfoord, Baronet. He died 9 February 1843 in his eighty-seventh year.2 (2) George, admitted a member of the Faculty of Advocates, 5 February 1793, Sheriff-depute of the county of Sutherland in 1806-17, Dean of the Faculty of Advocates in 1823, and raised to the bench with the title of Lord Corehouse in 1826, from which he retired in 1839. He died 26 June 1850, unmarried. He was an intimate friend of Sir Walter Scott, an eminent judge, and a noted scholar. (3) Margaret Nicolson, married, 25 February 1780, to William Cunningham of Lainshaw in Ayrshire, and had issue. Her third daughter, Anne Selby, was married, 7 September 1805, to Richard Barre Duning, Lord Ashburton. (4) Jane Anne, married, 23 June 1797, to Wenceslaus, Count of Purgstall, Count of the Holy Roman Empire, with large estates in the province of Styria, and had one son, who died young. (5) Helen d'Arcy, married, 26 July 1790, to Dugald Stewart of Catrine in Ayrshire, Professor of Moral Philosophy in the University of Edinburgh, and died at Warriston House, Edinburgh, 28 July 1838, having had issue. 8. Jane, died young. 9. Anne, married to Gabriel Selby of Paston, in North- umberland, and died there, 19 August 1769. 10. Elizabeth, died unmarried. 1 Anderson's Scottish Nation. 2 There is a tombstone in the church- yard of Melrose Abbey, on the south side of the nave, erected to the memory of Henry Kerr Cranstoun by his granddaughter, Julia H. Ommaney. ORANSTOUN, LORD ORANSTOUN 599 11. Jean, baptized at Oailing, 16 May 1717, died un- married, 9 December 1796. 12. Mary, married to Archibald Megget, writer, Edin- burgh, and died 10 April 1768. VI. JAMES, sixth Lord Cranstoun, succeeded his father in 1727, and obtained in 1756 an act for the sale of the estate in Northumberland, settled on his marriage for the benefit of Sophia, Lady Cranstoun and their issue, for raising money to discharge the encumbrances affecting it, and also towards disencumbering his estate in Scotland, settled also for the benefit of Lady Cranstoun and the issue of their marriage. He married, before 1749, Sophia, daughter of Jeremiah Brown of Abscourt in Surrey, with whom he obtained a considerable fortune, and who owned an estate in the West Indies. He appears to have been reduced to impoverished circumstances, notwithstanding his wife's fortune, as in April 1737 he borrowed from the poor's money of the parish of Crailing a sum of twenty pounds, which at intervals over a period of thirty years the kirk session made fruitless efforts to recover, neither threats of legal proceedings nor the cen- sure of the church being of any avail.1 He died in Portman Square, London, 4 July 1773, and his widow on 26 October of the same year married Michael Lade, councillor of law. She died on 26 October 1779. The issue of Lord Cran- stoun's marriage were : — 1. WILLIAM, seventh Lord Cranstoun. 2. Brown, baptized at Crailing, 31 March 1754, died unmarried. 3. JAMES, eighth Lord Cranstoun. 4. Charles, who married Elizabeth Turner of co. Wor- cester. He died in November 1790, leaving issue a son : — (1) JAMES EDMUND, who became ninth Lord Cranstoun. 5. George, baptized at Crailing 21 December 1761 ; captain of an independent company of Foot in Africa, disbanded 1783 ; lieutenant-colonel of M. G. Nicoll's West India regiment, 1796 ; commanded the 64th Regiment of Foot at the capture of Surinam, 1 Crailing Kirk Session Records. 600 CRANSTOUN, LORD ORANSTOUN where he was wounded ; raised to the rank of colonel in the army 1 January 1805; and died at Surinam 8 March 1806, in his forty - fifth year, unmarried. 6. Elizabeth, baptized at Crailing 16 September 1751. 7. Charlotte, baptized at Crailing 31 March 1764. VII. WILLIAM, seventh Lord Oranstoun, born at Crailing 3 September 1749, succeeded his father 1773 ; died un- married, at London, 29 July 1778,1 and was succeeded by his brother. VIII. JAMES, eighth Lord Cranstoun, baptized at Crailing 26 June 1755, had the rank of lieutenant in the royal navy, 19 October 1776, captain 31 January 1782. In command of the Bellequieux of sixty-four guns, and afterwards of the Formidable, he distinguished himself in the engagements with De Grasse off St. Christopher in 1782, and was sent home by Lord Rodney with despatches announcing the victory in which that admiral paid high tribute to Lord Cranstoun's gallant behaviour. He commanded the Belle- rophon, in Admiral Cornwallis's squadron, 17 June 1795, when with five ships of the line and two frigates he maintained an attack on the French fleet of thirteen ships of the line, seven frigates and other vessels, and obliged them to give way after a running fight of twelve hours, wherein eight ships of the line were so shattered that they could engage no longer. For this action he received the thanks of Parliament 17 November 1795. In 1796 he was appointed Governor of Grenada and vice-admiral of that island, but before taking up his post he died at Bishops Waltham in Hampshire, 22 September 1796, in the forty- second year of his age, being accidentally poisoned, and was buried in the garrison chapel at Portsmouth. He married at Darnhall, 19 August 1792, Elizabeth, youngest daughter of Lieutenant-Colonel Lewis Charles Montolieu, sister of Lady Elibank, but had no issue, and was succeeded by his nephew. Lady Cranstoun died at Bath 27 August 1797, aged twenty- seven. IX. JAMES EDMUND, ninth Lord Cranstoun, was the son of 1 Gent. Mag. OBANSTOUN, LORD OBANSTOUN 601 Charles, younger brother of the eighth Lord, and succeeded his uncle in 1796. He married at the Retreat in St. Christopher, 25 August 1807, Anne Linnington, eldest daughter of John Macnamara of that island. He died 5 September 1818, survived by his wife, who died 22 November 1858. He had issue : — 1. JAMES EDWARD, tenth Lord Cranstoun. 2. CHARLES FREDERICK, eleventh Lord Cranstoun. 3. Eliza Linnington, born 15 August 1808, died 23 January 1849, having been married, 24 February 1838, to Richard Ford, Esquire, of Heavitree, Devon, who died 1 September 1858. 4. Anna Caroline, born 23 December 1812, died 17 November 1847. X. JAMES EDWARD, tenth Lord Cranstoun, born at Cran- stoun House, St. Christopher, 12 August 1809,1 matriculated at Christ Church, Oxford, 23 October 1828. He married, in 1843, Elizabeth, eldest daughter of Sir John Henry Seale, Baronet, by Paulina Elizabeth, only child of Sir Paul Jodrell, and died at Duncroft House, St. John's Wood, Middlesex, 18 June 1869. His widow survived him until 23 December 1899, when she died at Shanklin, Isle of Wight. Under a deed of entail executed by Richard Barre, Baron Ashburton, he succeeded, as heir of entail and provision general, to the estate of Rosehall, Sutherlandshire, in 1824. In 1848 the following seats are said to have belonged to him, Sandridge Park, Bagton Manor, Devon ; Rosehall, Sutherland ; Arisaig, Inverness-shire; and Glenlee Park, Kirkcudbrightshire.2 Lord Cranstoun is said to have exchanged entailed estates in Rossshire for the estate of Benholm, in Forfarshire, about the year 1830, and that estate is said to have passed, under the entail of Baron Ashburton, on the death of Charles Frederick, eleventh and last Baron, to the Baroness de Virte, eldest daughter of Roderick Macleod of Cadboll.3 He had issue : — Pauline Emily, born 26 January 1855. 1 The estate of Crailing, the last of the family possessions in the south of Scotland, passed to other hands towards the end of the eighteenth century. 2 Cf. Services of Heirs, 26 January 1824. 3 Land of the Lind- says, And. Jervise, 405. 602 CRANSTOUN, LORD CRANSTOUN XI. CHARLES FREDERICK, eleventh Lord Cranstoun, born in St. Christopher 1813. Matriculated St. Alban Hall, Oxford, 30 June 1829, B.A. Jesus College 1836. Succeeded his brother in 1869, and died unmarried at Brighton, 28 September 1869, when the title is presumed to have become extinct. CREATION. — Lord Cranstoun, 19 November 1609. ARMS (not recorded in Lyon Register). — Gules, three cranes argent. CREST. — A crane sleeping, with its head under its wing, one foot with a stone lifted up. SUPPORTERS. — Dexter, a lady richly attired, holding out a bunch of strawberries to a buck, proper, the supporter on the sinister side. MOTTO. — Thou shalt want ere I want. [A. o. c.] END OF VOL. II Printed by T. and A. CONSTABLE, Printers to His Majesty at the Edinburgh University Press EXTRACTS FROM PRESS NOTICES OF VOLUME I. ' It will be seen that the volume treats of some of the most distinguished and important houses, and that the record of their descents and achieve- ments has to no small extent been committed to the care of genealogical authorities bearing the family name. 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