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GENEAL-OGY r-OLLECTlON 



GENEALOGICAL HISTORY 



t:HE STETF'JRrs. 



GENEALOGICAL HISTORY 



FROM THE EARLIEST PERIOD OF THEIR AUTHENTIC HISTORY 
TO THE PRESENT TIMES. 

Containing 
A particular Account of the Origin and Successive Generations of 
the STUJRTS of Darnley, Lennox, and Aubigny, and of the 
STUARTS of Castelmilk j with Proofs and References; 



APPENDIX OF RELATIVE PAPERS; 

AND 

A SUPPLEMENT, 

Containing COPIES of various DISPENSATIONS found in the Vatican at Rome, 
in the Courfe of a Search made by the Author in the Year 1789; particularly 
Copies of Two very interefting Dispensations which had long been fought for 
in vain, relating to ROBERT the Stewart of Scotland (King Robert II.) his 
much contefted Marriages with ELIZABETH MORE and EUPHEMIA ROSS. 

A GENEALOGICAL TABLE RELATIVE TO THE HISTORT. 



By ANDREW STUART , Efq. M.P. 



LONDON: 

PRINTED FOR A. STRAHAN ; AND T. CADELL JUN. AND W. DAVIES, 
IN THE STRAND. 



1798. 



PREFACE. 

— 12-58153 



TT is lb well known in vnvinnc qnai-f-crQ, rTiat- mnrli nf my time and 
•*■ attention has been employed for many years paft in collefting 
and arranging the materials from which the following Genealogical 
Hiftory has been compofed, that there is little hazard of my being 
fubjed to the imputation of having finiflied the work too haftily ; or 
of having proceeded with too much rapidity in the refearches and in- 
quiries neceflary for acquiring fufficient information. But there is a 
criticifm of a different tendency againft which I am not fo fecure ; 
fome of my friends may be difpofed to think that 1 ftand in need of an 
apology for having bellowed fo much time and labor on a work of this 
nature. Some of them indeed have infinuated, that the large portion 
of time and labor bellowed on this work might have been employed 
to better purpofe, either by my engaging in fome adive purfuit of 
bufmefs, public or private ; or by my making choice of a fubjedl 
more conneded with the general interefls of fociety, and more likely 
to be interelling to an extenfive circle of readers. 

Confidering myfelf as thus put on my defence, I mufl try what 
can be faid in juftification of the choice of the fubjed, and of the 
time and attention which have been dedicated to it. 

Having pafTed many years of my life in bufinefs that required 
much unremitting attention, and which produced too much anxiety ; 

I was 



PREFACE. 

I was fenfible that any occupations attended with fimilar anxieties, 
and likely to keep the mind too much upon the ftretch, ought to be 
avoided during the remainder of my life. On this fubje£l I recol- 
ledcd an admonition of Sir William Temple's, which had probably 
been fuggefted to him by his own experience : it is in his Mifcellanea, 
and is in thefe words : " When after much working, one's head is 
" very well fettled, the beft is not to fet it a-working again." In 
fupport of this advice, he adds the following obfervation : " The 
" more and longer the head has worked at firft, perliaps the finer and 
" ftrongerj but cvciy new working does but trouble and weaken it." 

Whether the reafon thus given for the admonition be well or ill 
founded, I fhall not pretend to judge ; but I felt in myfelf a great 
difpofition to adopt the falutary advice proceeding from the re- 
fpedtable authority of Sir William Temple, who in the courfe of his 
life had been employed in many important and refponfible fituations ; 
and who, befides being a man of much jufl obfervation, and of a 
philofophical turn of mind, had, in his own cafe, much experience 
of the anxieties belonging to certain fituations of real bufmefs, and 
of their confequences. 

At the fame time it has long been a fettled opinion with me, that 
no man whatever is entitled to pafs his life in idlenefs, indolence, or 
inadivity ; and that the employment of time in fome ufeful bufmefs 
or purfuit which gives exercife to the faculties, affords more fatisfac- 
tion and even relaxation to the mind, and certainly contributes much 
more to the happinefs of the individual, than the abftaining from 
all manner of ferious occupation. 

With thefe imprefTions, the only thing left for me, was to feled 
fome proper obje£l that might occupy my attention, without creating 
too much anxiety ; in fliort, to difcover fomething that, without 
being real bufmefs, might bear fuch a refemblance to it as to re- 
quire a difcriminating eye to difcern the difference. — The work 

about 



PREFACE, 

about which I have been engaged will be found to anfwer this de- 
icription in all points. For hiftories, of the nature of that now given 
to the public, afford an agreeable occupation, by having for their 
objedt the dlfcovery of truth, and the corredlion of error : in the 
purfuit of fuch objects, the attention muft be employed, as in real 
bufinefs, in canvaffing the truth or falfehood of afferted fads accord- 
ing to the laws and rules of evidence ; fo as that every proportion 
or aflertion intended to ftand as a part of the hiftory may be brought 
to the tcft of a ftrl<£> e'x:amination. 

To difcover truth, and to detect error, Is, of Itfclf, a proper 
objed at all times, and affords a pleafing employment to the mind, 
without being attended with thofe anxieties which are incident to 
that fpecies of real bufinefs, where the individual interefls of parties 
may happen to be deeply concerned. 

Thefe reafons occurred In favor of the choice of the fubjeft. At 
the fame time, I muft acknowledge that there were fome accidental 
eircumftances which contributed, not lefs than any deliberate choice,, 
to the employment of my time and attention in the manner they 
have been much employed for many years paft. 

In the year 1787, I happened to pay a vifit at Caftelmilk to my 
near relations and particular friends, Sir John and Lady Stuart. 
The converfation turned upon the ftrange indolence or want of 
euriofity which fo pervaded many families, that no pains had been 
taken to learn any thing concerning the anceftors from whom they 
had derived their exiftence, negleding to be informed either as to 
what fort of perfons they had been, or what characters they had en- 
joyed ; and in frequent ignorance even of the names and other 
particulars concerning them. We agreed in opinion that thefe obfei"- 
vations were applicable to the Caftelmilk family as much as tO' 
any other ; for that there was not any tolerable Genealogical Hiftory 
of them, nor even any accurate account of the names of the fucceffive 
reprefentatives j this negligence feemed to be a reproach upon every 

individual 



PREFACE. 

individual belonging to the family. It was obferved, that the only 
excufe given for it was, a traditional report, that Queen Mary having 
flept in the houfe of Caftelmilk about the time of the battle of Lang- 
fide fought in that neighbourhood, the party adverfe to the Queen 
came there in a day or two thereafter, fet fire to the houfe, demolifhed 
part of it, and burnt or deftroyed the papers belonging to the 
family. 

This was the reafon given by Sir John Stuart to Sir Robert 
Douglas, who, when compofing his Baronet^gp of Scotland, had, 
through me, applied for acccfa to lIjlc family papers at Caftelmilk, 
or for information from them concerning the Genealogical Hiftory 
of the family. Sir John Stuart at that time declined making any 
fearch for old papers, being perfuaded they had all been burnt or 
deftroyed in the time of the civil diflenfions in Scotland about two 
hundred years ago. 

In this converfation Lady Stuart defired me to attend to the in- 
formation fhe had now to give to me : fhe faid it was very true Sir John 
Stuart her uncle had often faid, and believed, that all the old papers 
belonging to the Caftelmilk family had been burnt or deftroyed in 
Queen Mary's time ; but that it now appeared this was a miftake, 
for that fince his death flie had difcovcred in the houfe of Caftelmilk 
a great colledtion of old papers and parcliments which fhe was im- 
patient to communicate to me, that we might unite in our efforts for 
tracing the hiftory of the family from authentic materials. 

Upon this occafion Lady Stuart mentioned a report fhe had lately 
heard,that Lord Galloway had applied to me for my afTiftance in tracing 
the hiftory of his family from the moft remote times, and that I was 
giving him every aid in my power for placing him at the head of all 
the Stewarts. In mentioning this report, fhe, with her ufual pleafantry 
and good humour, reproached me as an unworthy Cadet of the Caftel- 
milk family, by thus taking part with any competitor contrary to the 
allegiance I owed to my real chief, Sir John Stuart, her hufband. 

I ac- 



PREFACE. 

I acknowledged that Lord Galloway had applied to me, and that 
I had told his Lordfhip I fhould be very ready to affift him in 
tracing the hlftory of his family, and in difcovering the truth ; but 
that any affiftance I could give would be of little confequence, 
as I had not yet acquired a competent knowledge of fa£ls to 
found an opinion upon, which opinion muft depend on the evi- 
dence yet to be difcovered. In anfwer to Lady Stuart's charge 
againft me for taking part againft my real chief, I defended myfelf by 
faying, that I had underftood that the Caftelmilk family was out of 
the qucftion, as they, according to their own account, had no old 
papers to produce ; and without proper uidicrials, it was impoffible 
to fay any thing in their favor : on the other hand, that I had been 
accuftomed to believe, becaufe I had often heard it aflerted, that Lord 
Galloway's family had the beft pretenfions to be at the head of the 
Stewarts after Cardinal York's death, though as yet I was ignorant 
of the particulars. 

Lady Stuart then produced to me a bundle of old papers and 
charters as a fpecimen of what fhe had difcovered. In that 
bundle I found an original charter, which had been granted near 
four hundred years ago by Archibald Earl of Douglas in favor of 
John de Park, to which Sir William Stewart^ defcribed of Cajld- 
milk^ and as conftu to the Earl of Douglas^ was one of the wit- 
nefles. 

In the fame bundle there were many other ancient charters and 
title-deeds, and particularly a charter and precept of dare conjiat 
which had been granted in the year 1579 by Robert Earl of Lennox as 
the Superior, in favor of Archibald Stuart of Caftelmilk as the vaflal 
in the lands of Caftelmilk ; in which title-deeds the Earl of Lennox 
defcribes Archibald Stuart as his beloved coulin. 

From thefe and other material papers in the colledion thus 
produced by Lady Stuart, I foon perceived that they would 
be of very eflential fervice in tracing the hiftory of the Caf- 
telmilk family. We therefore agreed to unite our efforts from 
a that 



PREFACE. 

that moment for tracing their hiftory from the authentic ma- 
terials in their poiTeffion, and from fuch others as could be difco- 
vered in private repofitories and in the Public Records; that 
being the only means for obtaining an accurate Genealogical 
Hiftory. 

We knew from Rymer's Foedera, that in a Convention held at 
Lochmaban on the 6th of November 1398, between commiffioners 
on the part of England and of Scotland, in confequence of a truce 
then fubfifting between the two kingdoms, certain articles refpedting 
the Weftern Marches were agreed upon ; for the fulfilling of which 
on the part of Scotland, Sir TVi/^iam Stewart of Cajlel-mylke^ Knight^ 
was one of the fureties. As near four hundred years had elapfed 
fmce that time, it was agreed that our firft obje6l fhould be to afcer- 
tain the fucceflive generations of the Caftelmilk family from the 
year 1398 to the prefent times. In confequence of this refolution, 
much refearch and much epiftolary correfpondence took place 
during feveral years fuhfequent to the year 1787 ; particularly much 
epiftolary correfpondence with Lady Stuart, which ferved to en- 
courage me exceedingly in the profecution of this bufmefs ; for fhe 
has the happy talent of making every fubjedl interefting on which 
ftie writes. Her letters contained many ufeful fuggeftions and ob- 
ftrvations proceeding from that foundnefs of judgment for which 
fhe is fo much diftinguifhed ; and it was owing to her induftry in 
difcovering where old papers were to be found, and to the proper ap- 
plications made by her for the communication of them, that I ob- 
tained accefs to ancient writings and documents in the pofleflion of 
various individuals, which in the courfe of the inveftigation turned 
out to be very ferviceable in conne<3:ing the proofs. 

After having accomplifhed this firft object of our inveftigations, 
it remained to difcover the anceftors of the firft Sir William Stuart 
of Caftelmilk. This led me into a much wider field ; for it necef- 
larily produced the inveftigation of what related to the Stuarts of 
Derneley, Lennox, and Aubigny. 

I read 



PREFACE. 

I read every book I could find on the fubje£t, and made many 
fearches in the Public Repofitories of Records, and elfewhere ; the 
refult of which was, a convidlion that nothing could be more im- 
perfedt and inaccurate, and in many refpedls erroneous, than the 
general run of the Genealogical Hiftories of thefe families. 

This gave me a defire to have thofe errors corrected ; and my 
zeal on this point was much increafed from being made acquainted' 
with the characters and adlions of fome of the diftinguifhed mem- 
bers of the families of Derneley, Lennox, and Aubigny ; which, I 
found, had, in remote times, and in the courfe of many fucceflive 
- generations, produced fome very great men, whofe names and a£tions 
ought not to fmk into oblivion. 

When entering upon this wide field of inveftigation, I was not at 
all aware of the extent of the refearches, and of the time and labor 
it was to coft me ; but having embarked I was refolved to perfift 
in it till brought to a conclufion, if the ftate of my health could' 
admit of it. 

In this refolution I was the more confirmed, from refleding that 
I had then the command of my time much more than had ever 
fallen to my lot at any former period of my life ; and having 
formed the refolution of pafling a year or two in France and in Italy, 
I determined to take that opportunity of making fearches in the re- 
cords, and in the public or private colledlions of thofe countries, 
which might afford much authentic information relating to the 
Stuarts of Derneley and Aubigny, particularly to thofe members of 
the family who had diftinguifhed themfelves in the wars in France 
and in Italy ; and accordingly it will appear in the courfe of the 
following work, that the refult of the fearches made in the records 
in France fully anfwered my expedations. — All thefe circumftancea 
made me feel it to be more particularly incumbent on me to purfue 
this undertaking; perfuaded, that if with fuch advantages this oppor- 
a 2 tunity 



PREFACE. 

tunity was lofl, it was moft probable that nothing of the fame kind 
would ever be undertaken by any other perfon. 

If Genealogical Hiftories can pretend to any merit, It muft confifl 
in their accuracy, for without that recommendation they would 
not only be void of any merit, but become even reprehenfible from 
their tendency to miflead ; my chief obje£t, therefore, has been 
accuracy, and to this having facrificed much time and attention, I 
muft acknowledge that it has been an unfortunate employment of 
both if I have failed in that obje£t. 

It will not be reckoned prefumptuous tu fay, that I am not con- 
fcious of any inaccuracies or errors in the ftate of fads given In 
thefe fheets; for had I been fenfible of any, I certainly fhould 
not have allowed them to remain, but fhould inftantly have cor- 
reded them, as it was my duty to do : but though not confcious 
of them myfelf, yet, In a work of this extent, errors and inaccuracies 
may be difcovered by others, notwithftanding all the pains I have 
taken to avoid them : if there are fuch, I Ihall reckon myfelf much 
obliged to thofe who will point them out to me, that I may take 
the very firft opportunity of having them correded. 

I muft now beg leave to exprefs my grateful acknowledgments to 
thofe Noblemen and Gentlemen who, either at the requeft of Sir 
John and Lady Stuart, or at my own requeft, were pleafed to give 
me communication of their ancient papers and documents, for the 
purpofe of aflifting in. the inveftigation of fads, and for afcertaining 
the truth. No one ever met with more liberality and franknefs in 
thefe refpeds than I have experienced in the courfe of this under- 
taking : no perfon having refufed the papers in his pofleffion, upon 
being informed of the objed of the requeft. 

The perufal of this Genealogical Hiftory will fhew the extent of 
the obligations of this fort which have been conferred by fomc 

perfons 



PREFACE. 

perfons of the higheft rank and property in Scotland, whofe family 
archives fupplied many of the material proofs therein referred to : 
particularly it will appear how much the Public, as well as Sir John 
and Lady Stuart and myfelf were indebted to the Duke of Montrofc 
for the communication of the Derneley papers in his Grace's pof- 
feffion, which had come to his family in confequence of the acqui- 
fition made by his anceftors of great part of the property which had 
formerly belonged to the Stuarts of Derneley and Lennox. 

The contents of the following Work will alfo (hew the obligations 
conferred by fimilar commnnications from the papers belonging to the 
Dukes of Hamilton and Queenfberry, the Earl of Glafgow, the Earl 
of Hopetoun, Lord Cathcart, Sir John Maxwell of Pollock, Mr. 
Carruthers of Holmends, the reprefentatives of General Lockhart of' 
Carnwath, Mr. Murray of Broughton, and others of whom men- 
tion is made in thofe parts of the Hiftory where the utility of the 
papers communicated is pointed out. 

I am therefore obliged to acknowledge, that if any fads remain 
unexplained, or not fufficiently proved, I fhall not be entitled to the 
excufe of the proofs being withheld from me by thofe to whofe 
pofleflion they had been traced ; but muft impute it to my not having 
yet difcovered in whofe pofleflion thefe papers might be found ; for 
fuch is the liberality which prevails in this Ifland, for giving every ufe- 
ful information in matters of this fort, that I am fatisfied the 
moft ready accefs would be given in all quarters to every paper or 
proof that could be fpecified as likely to be of ufe. 

There is alfo great reafon to be perfuaded that the publication 
and perufal of this Genealogical Hiftory may fuggeft many addi- 
tional refearches, and induce many proprietors of eftates which 
formerly belonged to or were conneded with the Derneley family, 
to make diligent fearch among their papers for any that may be of 
ufe relative to thefe matters : the confequence of which would be, 
I the 



PREFACE, 

the bringing to light fome material papers from the repofitorles 
where they now lie concealed, and where they are at prefent moft 
probably unknown even to the proprietors and pofleflbrs of them. 
I fhall always be ready to communicate to the Public fuch addi» 
tional pieces of evidence as may come to my knowledge, whether 
favorable or unfavorable to any conjectures that have been offered on 
my part in the courfe of this Work. It will, however, be found, 
that the number of thefe conjedtures is confined within a very narrow 
compafs} and where any thing is dated merely as a conjedure, 
fubjedt to future inquiry or future difcoveries, the diftindion is^ 
ufually made. 

It remains now only to fay a few words concerning the arrange-- 
ment of the matters contained in this Genealogical Hiftory. 

In order to avoid confufion in a work which embraces a period of 
between fix and feven hundred years, and which, from the extent 
of the matters treated of, and the multiplicity of the proofs or 
articles of evidence, ftands in need of every aid that can be derived 
from order and arrangement, it has been thought proper to divide the 
whole into Seven Parts, whereof the Firft comprehends the period 
from Walter the High Stewart, who lived in the twelfth century, 
to the time when his defendants became Kings of Scotland in the 
fourteenth century. In a fimilar manner, the other Six Parts 
comprehend each of them a coniiderable portion of time ; which is 
fubdivided according to the refpedlive Generations of the family ; 
ftating feparately each Generation, and the members of it j applying 
to each the evidence relating to them, and referring to the ori- 
ginal papers themfelves, the Public Records of the country, or the 
charter-chefts of individuals, where thefe articles of evidence are to 
be found. 

By 



PREFACE. 

By this arrangement It will be very eafy for every perfon who 
wifhes to examine accurately and in the ftridteft manner the various 
articles of the Pedigrees and Genealogical Hiftory, and the proofs 
of them, to form his judgment, not only on the total amount and 
final refult of the evidence, but likewife on all the intermediate 
branches and each article thereof, as every article is accompanied with 
the ftatement of the proofs which tend to eftablifh it. And for aflift- 
ing the reader in this examination, there is on a feparate fheet a 
Genealogical Table, where the feveral Generations fince the firft 
Stewart of Scotland, with whom this Hiftory begins, are placed in 
their order, correfponding with the arrangement obferved in the 
following work. 

Lower Grosvenor-Street, 
March 1798. 



CON. 



CONTENTS, 



Introduction, 



Pages; 
I — 2 



PART FIRST. 

^oynprehend'ing the Period from Walter the High Stewart, who lived in the 
Twelfth Century^ to the Tune when the Defendants from him became. Kings of 
Scotland in the Fourteenth Century. 

FIRST GENERATION. 
¥7"alteru§ Filius Alani Senefchallus vel Dapifer Regis Scotix, - • 3—7 

SECOND GENERATION. 
Alan, Son and Heir of the preceding Walter the High Stewart, - • 8—9 

THIRD GENERATION. 

"Walter, Son and Heir of AIan> .----«» 10—12 

FOURTH GENERATION. 

Alexander the High Stewart, Son and Heir of Walter, - « , j2 — 14 

FIFTH GENERATION. 

James the High Stewart, Son an J Heir of Alexander, - - - » i^ — 16 

SIXTH GENERATION. 

Walter the High Stewart, Son and Heir of James, - - - _ 17—22 

SEVENTH GENERATION. 
Robert the Stewart, afterwards King of Scotland — Hiftorical Sketch 

of the Situation of Scotland in his Time, - - - . . 33—40 

c IN» 



CONTENTS, 

Pages. 
INTRODUCTION to Part Second, . - = - - 41—42 

PART SECOND. 

Beginning with S/r John Stewart of Bonkyl, fecond Son 5/" Alex- 
ander the High Stewart, and Ancejlor of the Stewarts of 
Angus, Derneley, and Lennox, who was killed at the Battle of 
Falkirk /« 1298. This Part Second ending with Sir Alexander 
Stewart o/" Derneley, %vJjo died between the Tears 1400 and 
1404. 

FIFTH GENERATION RESUMED. 

Proofs concerning Sir John Stewan of Bmikyl, tKe fecond Son of Alex- 
ander the Stewart, and hisrDefcendants Earls of Angus, ~ - 43—59 

SIXTH GENERATION RESUMED.' 

Sir Alan Stewart of Dreghorn, fecond Son of Sir John of Bonkyl, - 60—66 

SEVENTH. GENERATION. 

Sir John Stewart of Derneley, and liis Brothers Walter and Alexander, 66—82 

EIGHTH GENERATION. 

Sir Alexander Stewart of Derneley, Son and Heir of the preceding Sir 

Alexander— with fome Account of Dame Janet Keith his Wife, - 83—100 

PART THIRD. 

Containing the Proofs relating to Sir John Stewart of Derneley, eldeji 
Son of Sir Alexander Stewart, and the firjl Lord o/" Aubigny in 
France of the Stewart Line ; and alfo thofe relating to his Brother 
William, both of whom engaged in the Wars in France, where they 
loft their Lives in the fame Battle, during tl>e Siege of Orleans in 
February 1428-9. _ 

. NINTH GENERATION. 

Branch Firfl.— Concerning Sir John Stewart, and his Brother Sir William, 

befre ihdr Expeditlofi toYxdSiCfi, - - - - - - -101 — 112 

Branch Second.— Proofs relating to Sir John Stewart of Derneley, and his 
Brother Sir William, after their Arrival in France in 1420, to the 
Time of their Death in J 429, ._----- 113— i<Te 

PART 



CONTENTS. 

Paces. 
PART FOURTH. 

Beginning from the Death of Sir ]o\\n Stuart of Dernely in Fehni- 
ary 142 g, and 'tracing the Male Defcendants from him to the 
Death of John Stuart the firfi Lord Derneley and Earl of 
Lennox, who died in the Tear 1494; continued to the Tear 
1508, vjheji Bernard Stuart c/'Aubigny died. 

TENTH GENERATION. 

Sir Alan Stuart of Derneley, elded Son of Sir John, _ - . . 161— 166 

Alexander Stuart, fecond Son, .._._.. J55 jgy 

John Stuart, third. Son, -- . - - - „ . kJ^ jgo . 

ELEVENTH GENERATION. 

John Lord Derneley and Earl of Lennox, eldefl Son of Sir Aian, _ j-^o - 196 

Alexander Stuart of Galftoun, fecond Son of Sir Alan, - . . 196-19.7 

Bernard Stuart of Aubigny, only Sun of the Chevalier Jean Stuart, 

Brother of Sir Alan, - - -_-._. 197—213 

PART FIFTH. 

Begitining with Matthew Stuart, Lord Derneley, the fecond Earl of 
Lennox, cldeft Son of ]ohn Lord Derneley and Earl of Lennox, 
who died in the Tear 1494, and ending zuith Matthew Stuart- 
fourth Earl of Lennox, who died in September 157 1. 

TWELFTH GENERATION. 

Matthew Stuart, fecond Lord Derneley and Earl of Lennox, eldefl Son of 

John Lord Derneley and Earl of Lennox, - - _ - . 211 221 

Robert Stuart of Aubigny, Marefchal of France, fecond Son, - - 222—227 

William Stuart, third Son, --_.._.. 227 — 22a 

John Stuart, fourth Son, - . .. _ ... . . 228 



nder, fifth Son, 



229 



Alan Stuart, fixth Son, - - 229-230 

THIRTEENTH GENERATION. 
John, fecond Son-of Matthew Earl of Lennox, who fucceeded his Father, 

and became the third Earl, - . - _ _ . . 231 — 238 

FOURTEENTH GENERATION. 

Matthew, fourth Earl of Lennox, elded Son of John, _ . _ 239 — 24;. 

Robert Stuart, Bifhop of Oaithnefs, fecond Son, - _ . . 244 — 245 

John Stuart, Lord d'Aubigny, third Son - .... 2(5, 

C2 F.IF— 



CONTENTS. 

FIFTEENTH GENERATION. ^^"' 

Henry Lord Derneley, elded Son of Matthew fourth Earl of Lennojf, - 246—247 

Charles Stuart, fecond Son, ---__. . 247 248 

Efme Stuart of Aubigny, only Son of John of Aubigny, Brother of Mat- 
thew fourth Earl of Lennor, - _.___. 24S 

PART SIXTH. 

Beginning from the Death of Mztthew fourth Earl of Lennox, on the 
^th of September 1571, and continued to the Tear 1672, when, 
upon the Death of Charles Stuart, ftxth Duke of Lennox, King 
Charles VL. fucceeded as the neareji collateral Heir Male of tbg 
Stuarts Earls and Dukes o/" Lennox. 

SIXTEENTH GENERATION. 

King James VI. of Scotland, and firfl; of England, only Son of Henry Lord 

Derneley, - - - .---__. 249 — 254 

Efme Stuart, firfl Duke of Lennox, Son of John Lord d'Aubigny, the 

youngell Brother of Matthew fourth Earl of Lennox, - _ . 255 260 

Ludovic, fecond Duke of Lennox, eldefl: Son of Efme the firfl; Duke, - 261 265 

Efme, third Duke of Lennox, fecond Son of Efme the firft Duke, - 266— 2<)7 

SEVENTEENTH GENERATION. 
James, fourth Duke of Lennox and Duke of Richmond, eldeli Son of 

Efme the third Duke, .-.---._ 268 — 271 

Lord Henry and Lord Francis Stuarts, fecond and third Sons, - - 273 

Lord George Stuart, Lord d'Aubigny, fourth Son, - . - _ 273 — 274 

Lord John Stuart, fifth Son, _ . - _ _ _ . 274—275 

Lord Bernard Stuart, fixth Son, _----_. 276 — 277 

Lord Ludovic Stuart, feventh Son, - - . _ _ . 277 — 278 

EIGHTEENTH GENERATION. 
Efme, fifth Duke of Lennox, only Son of James, fourth Duke, - - 279 

Charles, fixth Duke of Lennox, only Son of George Lord d'Aubigny, 

fourth Son of Efme the third Duke of Lennox, .... 279 — 281. 

Conclusion of Part Sixth, and Inferences, _ . _ . 2S2 — 288 

Result of the Facts efiablifbed by the Contents of the preceding Six 

Parts of this Genealogical Hiflory. 
Firfl, with rcfpe£l to the CharaElers and Actions oi the Stuarts of Derne- 
ley, Lennox, and Aubigny, - ~ - . - . . 289—295 

^ecandly. 



CONTENTS, 

Pages. 
ieeondly, with refpeft to the Identliy of Sir William Stuart of Caftelmilk, 
Knight, with Sir William Stuart, Knight, Brother of Sir John Stuart 
ofDerneley, ---------- 29 j — 214 

State of the Competition for the Reprefentation of the Derneley 

and Lennox Families, - - ------ 31^ — jj^ 

PART SEVENTH. 

Comprehending the Period from the Tear 1398, at ixbich Time Sir 
William Stuart of Caftehnilk is mentioned in Rymer's Fcedera, 
to the Tear 1798 ; Jloewing the fuccejftve Reprcfentativei of the 
Cartel milk Family during that Period, co7nmencing with the f aid 
Sir William Stuart cf Caftelmilk, the Brother of Sir John. Stuart 
of Derneley, with Referetices to the Proofs^ 

NINTH GENERATION RESUMED. 
Sir William Stuart of Caftelmilk, fecond Son of Sir Alexander Stuart of 

Dernelejr, 323—334 

TENTH GENERATION. 

David Stuart of Caftelmilk and Fyunart, cldeft Son of the firfl: Sir 

William of Caftelmilk, - ------- 335—341 

Archibald Stuart, fecond Son, - - ----- 341 — 3^^ 

Matthew Stuart of Caffiltoun, Caftelmilk, and Fynnart, third Son, - 348—351 
Walter Stuart of Arthurly, youngeft Son of the firft Sir William Stuart 

of Caftelmilk, - - - ------ 351 — ^^6 

ELEVENTH GENERATION. 
William Stuart of Caftelmilk, eldeft Son of Matthew, third Son of the firft 

Sir William, - - . - 357— 3?9 

John Stuart, fecond Son of Matthew, ------ 3^^ 

TWELFTH GENERATION. 
Alexander Stuart of Caftelmilk, eldeft Son of William, - - 3(50—361 

John Stuart, fecond Son of William, ------ ^^i 

THIRTEENTH GENERATION. 
Archibald Stuart of Caftelmilk and Fynnart, eldeft Son of Alexander, 7 /- ^ 
James Stuart, fecond Son, J 362—363 

FOURTEENTH GENERATION. 
Jirchibald Stuart of Caftelmilk, fon of the preceding Archibald, - - 364 — 366 
15 FIF- 



CONTENTS. 

FIFTEENTH GENERATION. 
David Stuart of Caftelmilk, eldell Son of the preceding Archibald, - 367 
Alexander Stuart of Craigs, Tutor of Caftelmilk, fecond Son of Archi- 
bald, died without Male Iffue, iiiJ. 

John Stuart, third Son, Re£tor of the College of Glafgow, - - 367 — 369 

SIXTEENTH GENERATION. 
Alan Stuart, eldeft Son of David of Caftelmilk, .... 369—370 

Archibald Stuart, fecond Son of David, - - . - - ^ 270 — 374 

SEVENTEENTH GENERATION. 
Sir Archibald Stuart of Caftelmilk and Fynnart, Son of Archibald, and 

Grandfon of David, married Anne daughter of Robert Lord Semple, 374—375 

EIGHTEENTH GENERATION. 

Archibald Stuart of Caftelmilk, eldeft Son of Sir Archibald, married Lady 

Mary- Fleming, ST-^— 377 

James Stuart of Terra/ice., fecond Son of Sir Archibald Stuart of Caftel- 
milk— and Continuation of the Torrance Branch of the Family to 

the prefent Time, - - .__-_. g^y — 375,. 

NINETEENTH GENERATIO'N. 

Sir Archibald Stuart of Caftelmilk, Son of Archibald by Lady Mary 

riemiiig, - -- - .._-.- 379— 38a 

TWENTIETH GENERATION. 

Sir William Stuart of Caftelmilk, eldeft Son of Sir Archibald, 
Archibald Stuart, fecond Son, .-.._._- I q 

, Daniel Stuart, third Soji - .- ... ._ . - . \ 380—381 

James Stuart, fourth Son _ ^ - _ - . _ 

TWENTY-FIRST GENERATION. 

Sir Archibald Stuart of Caftelmilk, eldeft-Son of fc.ir William, - ? o 

John Stuart, fecond Son, J 382-383 

TWENTY-SECOND GENERATION. 
Sir John Stuart of Caftelmilk, "-.---- -\ 

William Stuart Crawfurd, ...... i 383 — 384 

Francis Stuart Crawfurd, - - . - . . j 

APPENDIX. 



1 



CONTENTS. 



APPENDIX. 



No. I. I. Charter, dated in the Year 1356, by Robert the Stewart 
of Scotland, in favor of his Coufin Sir John Stewart, Lord of 
Crookyflon, and the Heirs Male therein mentioned, > _ _ 287—388 

2. Charter, dated in the Year 1361, by Robert the Stewart of Scot- 
land, in favor of Sir John Stewart of Derneley, Knight, and the 

Heirs Male therein mentioned, - - - - - - 3B3— 390 

3. Charter, dated in the Year 1 361, by John Stewart, Lord of Kyle 
Stewart, in favor of his Coufin Sir John Stewart of Derneley, 
Knight, and the Heirs Male therein mentioned, of the Lands of 
Torboulton and Derneley, .------ 391' — 391 

No. n. Grant by Charles VIL King of France, to John Stewart of Der- 
neley, Conftable of the Scotch Army, of the Lands and Lordfhip of 
Aubigny in France, - - - - - -._- 393 — 39^ 

No. IIL Extra<Sls from the Records of the Chambre des Comptes at Paris, 396—399 
No. IV. Signature of Remiffion by King James IIL in favor of John Lord 

Derneley and others, dated 19th Oftober 1482, - _ - - 400—401; 



SUPPLEMENT; 



Containing Copies of various Difpenfations found in the Vatican at Rome, 
in the Courfe of a Search made in the Year 1789; particularly Copies 
of two very interefting DifpenHuions, which had long been fought 
for in vain, relating to Robert the Stewart of Scotland (King Ro- 
bert II.), his much contefted Marriages with Elizabeth More and 
Euphem.ia Rofs, -- - ._--.- 403—468 



GENEA> 






^ High Stewartih Imi 4v>'%i%-V^ ^>f ^i'otjla;^© 



-///... 



/^rr-^Va* oftheit-'tttattvi :^ I])ER:^BI.ET,LsyW0XK^ ^^ IjrjiJGWT. //'/// ^//> 







GENEALOGICAL HISTORY 

OF 

THE srEWJRTS. 



"f 7ARI0US Hlflorians and Genealogical Writers, in tracing the 
^ Pedigree of the High Stewarts of Scotland, have deduced 
them from Bancho, Thane of Lochaber, thus : 

I. Bancho, Thane of Lochaber, who flourilhed in King Dun- 

can's reign, and was murdered byMacbeath in the year 1043. 

II. Fleance, fon of Bancho, who, it is faid, married Nefla 

daughter of Griffith ap Lewellin, Prince of Wales, and was 
murdered by fome ruffians in Wales, in the year 1045 
or 1047. 

III. Walter, fon of Fleance, who, being obliged to leave Wales, 

retired to the Saxon court of Edward the Confeffor, where, it is 
alledged that, having quarrelled with a courtier, he withdrew to 
the court of Alan Earl of Brittany, a remote relation of his mo- 
ther: That there this Walter married a daughter of this Earl 
of Brittany, and accompanied him to the battle of Haftings 
in the year 1066.— That falling into difgrace at William the 
Conqueror's court, he withdrew to Scotland, his paternal 

country, and was well received by King Malcolm III. 

That he was made Dapifer Domini Regis, in reward of 
his fervices to Malcolm, and died about the year 1093. 

IV. Alan, fon of the preceding Walter. This Alan is faid to 

have gone to the Holy War with Godfrey of Bouillon, and 

to have been at the taking of Jeru{alem, anno 1099 : That 

he returned home in the reign of King Edgar, and was made 

B Lord 



[ ^- 1 

Lord High Stewart of Scotland : That he died about the 
year 1 1 53. 
V. Walter, the fecond of tliat name, Ton of the preceding 
Ahan. This fecond Waker is wituefs to many charters in 
the time of David the Firft, under the delcription of 
Walterus f litis Alani. 
There is no manner of doubt concerning the exiftence or authen- 
ticity of this Walter the High Stewart lafl: above-mentioned ; 
but there is great reafon to fufpe^l the truth of the four generations 
preceding him as above-ftated ; for notwithftanding the particular 
account given by the Scottifh Hiftorians and Writers of Pedigrees 
concerning Bancho, Fleatice, Walter the F'lrjl^ and Alait^ tbcfoft of that 
Walter^ there is no fatisfadory authority hitherto difcovered concerning 
any of them. The evidence relating to thefe four generations has been 
juftly criticifed and rejeded by Sir David Dalrymple in his Annals, 
vol. i. p- 358 J while at the fame time Sir David acknowledges, 
that Walter, who lived in the twelfth century, in the reigns of 
David I. and Malcolm IV., and who founded the Abbey of Paifley 
in 1 1 64, was indeed Stewart of Scotland. 

Rejeding, therefore, all the fabulous ftories aibout the anceflors 
of this Walter the High Stewart, until fome authentic inftrument 
fhall be found for difcovering who w^ere his real anceftors; the 
following Genealogical Hiftory begins with Walter, who lived in 
the twelfth century, and who is univerfally acknowledged to have 
been the real Stewart of Scotland. 

The obfervations drawn up by Sir David Dalrymple on the 

origin of the Houfe of Stewart, conclude with the following juft 

emark : that " In the reign of David the Firft, before the middle 

Ai-j.-N" viii. « ^f ,.j^g twelfth century, the family of the Stewarts was opulent and 

powerful ; it may, therefore, have fubfifted for many ages previous 

to that time, but when and what was its commencement, we 

• cannot determine." 



Annals, vol.! 



[ 3 ] 



PART FIRST, 



Comprehending the Period from WALTER the High 
Stewart, who lived in the Twelfth Century, to the 
Time when the Defcendants from him became Kings 
of Scotland, in the Fourteenth Century. 



FIRST GENERATION. 



WALTERUS, FiLius ALANI Saneschalujs vel 
Dapifer Regis Scotia. 
He founded the Abbey of Paifley in 1 1 64, and died in the 
year 11 77. 

PROOFS conceniifig WALTERUS, filius ALANI. 
^T^HERE are ftill extant many deeds and charters of the 

-*- Kings of Scotland, in which Walterus^ flius Alani, fo de- ( 
fcribed, h one of the wltnefles ; particularly there are in the Scotch 
College at Paris, amongft the papers which formerly belonged to the 
Bifhopric of Glafgow, the following charters : 

Charter by King David I. in favour of the Church of Glafgow, 
dated at Cadzow, without mentioning the year, the witnefles to 
which are, " Willielmus Cuming, Cancellarius ; Hugo de Morevilla; 
" Ferg. de Galweia; HughBretone; Walterus^ filius Almii^'' &c. 

Other two charters by King David to St. Mungo's Church at 
Glafgow, wherein Walterus, filius Alani^ is alfo witnefs. 

Though thefe charters have no precife date, yet they muft 
neceflarily have been granted between April 1 1 24, and 24th 
^^ay 1 153, being the period of King David's reign. 

B 2 There 



WALTERUS, FILIUS ALANI. 

There is alfo in the Scotch College at Paris, a charter by Henrlcus 
Comes, fon of King David I. in favour of the Church of St. John, 
of the Caftle of Roxburgh ; which charter is granted at Traquair, 
without fpecifying the date ; and amongft the witnefTes to Henry's 
granting it, there is JVaherus, filhis Alani^ fo defcribed. The other 
witnefles to this chai'ter are, Comes Gofpatricius, WUlielmus de 
Riddale, &c. 

N. B. As Henry pre-deceafed his father David, having died la 
June 1 152, this charter muft have been granted before that 
period. 
There are two charters in the Scotch College at Paris granted by- 
King Malcolm the IVth, (whofe reign began in 1153, and ended 
in 1 163,) to which charters Walterus^ JUius Alani is witnefs ; but in 
both thefe charters he is defigned Daplfer^ though not fo defigned ia 
the faid charters by King David and Prince Henry. One of thefe 
charters is dated at Jedworth ; the firft witnefs named in it is the 
Cancellarius, and the witnefs named immediately after him is Walterus, 
filius Alani, Dapifer. 

There is alfo a charter by Ricardus de Moreville, Conftabularius 
Regni Scoti^e, in which the nrft witnefs is Walterus, JUius Alanly 
Dapifer. There is no date to the charter, but from the contents, 
it appears that it was to take place from Pentecoft 1 1 70, and to 
continue for fifteen years. 

King Malcolm the IVth, in the fifth year of his reign, which began, 
on the 24th of May 1 153, granted a charter in favor of Walter, the 
fon of Alan, confirming the grant which he had received from 
King David, grandfather of Malcolm, of certain lands in the fliire 
of Renfrew, and alfo confirming the grant he had received from 
King David of the Stewartry. As this is the oldeft charter that can 
now be traced on that fubjedl, an exail copy of it is here inferted,, 
" Mulcolmv;: ■'-?x Scottorum, Epifcopis, Abbatibus, Comitibus,. 
" Baronibus, jui.lcni, Vicecomitibus, Prepofitis Miniftris, cunc- 

" tifque 



V7ALTERUS, FILIUS ALANI. ^ 

■ tifqiie alils probis hominibus Clericis et Laicis Francis <Sc Anglis part 

■ Scotis & Gallowideufibiis totius terre fue tarn prcfentibus quam , ...-^..^ 

' futuris fakitem notuni fit vobis omnibus quod priufquam arma 

• fufcepi conceffi et hac mea carta confirmavi Wallero Jillo Alani 

• Dapifero meo, & heredibus fuls in feodo & hereditate donationena 
' quam Rex David avus meus ei dedit fcilicet Renfrew et Pafieletk 
' et Polloc et Talahec et Kerkert et Le Drep et le Mutrene, et 

■ Eglifliam et Lauchinauche et Innerwick cum omnibus iftarum 

• pertinentiis et fimiliter ci hereditarie dedi et hac mea carta con- • 

• firmavi Senefcalliam meam tenendam fibi et heredibus i'uis de me 
' & heredibus meis Uberaliter in feodo et hereditate ita bene 

• et ita plenarie Slciit Rex David ei Scnefcaliam fuam melius et . 
' plemiis ded'it et concejjit^ et fic ipfe earn melius et plenarius 

' ab eo tenuit ; prcterea ego ipfe eidem Valtero in feodo et here- 
' ditate dedi et hac eadem carta confirmavi pi-o fervitio quod ipfe 
' Regi David et mihi ipfi fecit, Prethe quantum Rex David in 
' manu fua tenuit et Inchenan et Stemtum et Haleftonefdene et 
' Legardfuade et Birchinfyde et preterea in unoquoque Burgo meo 
' et in unaquaque dominica Gifta per totam terram meam 
' unum plenarium Toftaim ad hofpitia fibi in eo facienda et 
' cum unoquoque Tofto viginti acras terre, quare volo et pre- 
' cipio ut idem Valterus & heredis fuus in feodo et hereditate 
' teneant de me et heredibus meis in capite omnia prenomi- 
' nata tarn ilia que ipfe habet ex donatione Regis David quam 
' ilia que ex mea habet donatione cum omnibus eorum pertinentiis 
' & reftitudinibus & per redas divifas omnium prenominatarura 
' terrarum libere & quiete honorifice & in pace cum facca & focca 
' cum tol et them & infangtheefFe in villis in fcalllngis in campls 
' in pratis in pafcuis in moris in aquis in molendinis in pifcariis.. 
' in forreftis in bofco et piano in viis in femitis ficut aliquis ex 
' Baronibus meis liberius & quietius feudum fuum de me tenet 
■' faciendo mihi & heredibus meis de illo feudo fejvitium quinque 

" milituni.. 



WALTERUS, FILIUS ALANI. 

" militum. Teftibus Erneflo Fpifcopo Sandti Andrese, Hert)eito 
^ " Epilcopo de Glafgow, Johane Abbate de Kelkow, Willielmo 
" Abbate de Melros, Waltero Canceilario, Willielmo & David 
" fratribus Regis, Comite Gofpatrick, Comite Duncano, Richardo 
" de Morweill, Gilberto de Wmphraweill, Roberto de Bruis, 
*' Radolpho de Soulis, Philipo de Colveille, Willielmo de Sumer- 
" villa, Hugone Riddell, Davide Olifard, Valdeno filio Comitis 
" Gofpatrick, Willielmo de Morweill, Baldvirino de la Mar, Liolfo 
" filio Maccus, &c, Apud Arcem de Roxburgh in fefto St. 
" Johannis Baptifta;, Anno Regni noftri 5'° *." 

George Crawford, in his Hiflory of the Stewarts, page 3, fays, 
that Walter, High Stewart of Scotland, founded the Monaflery of 
Paifley in the year of our Lord 1160, the 7th year of the reign 
of King Malcolm the IVth ; and in pages 3 and 4, Mr. Crawford 
gives a complete copy of the charter of foundation, which, he fays, 
he tranfcribed from the regifter of the Paifley Monaflery, communi- 
cated to him by John Earl of Dundonald. 

The introdu£tory part of that charter of foundation is in thefc 
words : " Sciant prEefentes et futuri quod ego Walterus JH'tiis Alani 
" Dapifcr Regis Scotia, pro anima Regis David, Regis Henrici et 
" Comitis Hciiriciy necnon pro falute corporis et animjE Regis 
" Malcolmi, et mei ipfius, et uxoris mece, et hxredum meorum, 
" etiam pro animabus omnium parentum et benefadorum meorum, 
" ad honorem Dei et Beatx Virginis Mariae, conftitutam quandam 
" domum Religionis infra terram meam de Pafelet (ordinis fratrum 
" de Wenlock), viz. Secundum ordinem Cluniacenfem communi 

* The above charter is accurately copied from a maiiufcript in the Harlcian col- 
lection at the Britifli Mufeum, N"' 4693, 4694, and 4697, confifting of three Parts, 
wliereof Part Firll, containing 49 folios, is defcribed to be in tlie hand-writing of Sir 
James Balfour, and -on folio 45 of that manufcript, the above charter is infcrted at 
full length, where it alfo appears, (folio 44,) that this, and fome other charters in that 
book, had been taken from a manufcript of the hand-writing of Sir John Skene, 
Clsrk-Regifter of Scotland, who had copied them from the originals. 

14 " confcnfu 




WALTERUS, FILIUS ALANI. 

•' confenfu conventus de AVenlock, et ad domum illain conftruen- 
" dam habeo de domo de Wenlock tredecem fratres et prior qui ; 
" de illis tredecem procedere. Domum regendse perficiatur per me 
" et per meum concilium elegatur *," &c. 

There are feventeen witneffes to this charter of foundation, but 
no date. In the courfe of the charter mention is made of Alan the 
fon of the granter of the charter. 

Sir David Dalrymple in his Annals of Scotland, vol. i. p. 298, 
has the following paragraph at the date of the year 11(54*. 

" Walter, the Stewart of Scotland, founded (in the year 1164) Spottifwoode's 
" an abbey at Paifley in the fhire of Renfrew, for the monks of Houies.v.viii. 
" Clugny, a remiarkable monument of his opulence and liberality. — ciuon. 

.. -T J- J • " Mclrof, 174- 

" He died m 11 77. 

In the Chronicle of Melros there is the following article : " Anno 
" Domini 1177, obiit Walterus, filius Alani, Dapifer Regis Scotia;, 
*' qui fundavit Pafleto, cujus beata anima vivit in gloria." 

* In the Appendix fubjoined to an Effay on the Origin of the Royal Family of the 
Stewarts, by Richard Hay of Drumboote, pubHfhed in the year 1722, tliere are two 
charters ; the one, a charter granted by Walterus, filius Alani, in relation to his 
foundation of the monaftery of Paifley, by \vhich he promifes, that inconfideration of 
certain liberties to be obtained for the propofed monaftery of Paifley by the prior and. 
convent of Wenlock, from the abbot of the monks of Clugny, he the faid Waher 
fon of Alan fhall give to the faid houfe of Wenlock, in perpctuam eleemofinam unam , 

plenariam mayfuram in burgo meg de Renfrew et unum rete pifcatorium ad falmones 
capiendos per proprias aquas meas et fex retia ad allecia cipienda et unum batellum. 

To this charter, dated at Fodrigeam, one of the witneffes is Simon, brother of 
Walter the fon of Alan. 

The other charter in the faid Appendix, is a charter granted by Efchina, wife of 
Walterus, filius Alani, Dapifer Regis Scotix, by which (he gives to the prior and 
monks of Paifley, for the fouls of the feveral perfons therein named, one carucat of 
land in Moll, and the pafturage of five hundred flieep, &c. 

Amongft the witnefles to this grant there is her hufband WaUerus filius Alani,. 
defcribed, Dominus Meus, and Alanus filius ejus. 



I 8 ] 



SECOND GENERATION. 

ALAN, Son and Heir of the preceding WALTER 
the High Stewart. 

This Alan fucceecied to his Father Walter in 1177, and 
died imthe year 1204. 

PROOFS relating to ALAN. 

PART 'T^WO charters, at the Scotch College at Paris, granted by King 
^ "- 1 -«- William the Lion, to which one of the witnelFes is Alanus, 
Dapiter. 

Charter by King William the Lion, confirming an agreement 
between the Bifhop of Glafgow and Robert de Brus, concerning 
certain lands and churches in Annandale ; which charter of confirm- 
ation is dated at Lanerk, and one of the wiinefles to it is Alanus, 
Dapifer. 

Convention or agreement between the Bifhop of Glafgow and 
Roger de Vallens, concerning the Church of Kilbride, to which the 
witneffes are ; . " Hiis teftibus Domino Rege, Comite Patricio, 
" Roberto Capellano, Hug. Clerico, Ric. de Moreville, Conft. Ra^sj 
" Alano, Dapifero Regis; Phllippo de Vallen; Adam filio Gilberti, 
" Wakero de Berkeley Cam. Regis." 

Charter by King William, confirming the above agreement, to 
which charter, dated at Traquair, Alanus, Dapifer, is witnefs. 

All the preceding charters are in the old Chartulary of the 
Bifhopric of Glafgow, kept at the Scotch College at Paris. Of 
which a complete and certified copy was in the year 
iranfmitted by that College to the Univerfity at Glafgow. 

There 



ALAN, SON OF WALTER. 

There are various other charters extant, wherein Alanus is de- 
fcribed Filius Walter!, Dapifer ; and particularly he is fo mentioned ( 
in the Foundation Charter of the Abbey of Paifley, and in feveral 
other charters recorded in the Chartulary of Paifley. 

This Alan died in 1204, in the 40th year of the reign of William 
the Lion, and was buried at Paifley, leaving a fon, Walter, who 
fucceeded him*. 

* There is reafon to believe that this Alan the High Stewart mufl: have left another 
fon befides Walter, his heir and fuccelTor, and that the name of that other fon was 
David; for it appears from Rymer's Fcedera, vol. i. p. 241, that £>flW Seiiefcallus 
was one of the guarantees of Alexander 11. King of Scotland, for the performance 
of an engagement, which he, Alexander, in the year 12 19, came under to the King 
of England, obliging himfclf to marry Joan, eldeft daughter of John King of England, 
if file could be obtained ; if not, to marry her filter Tfabella. 

David Stewart, who was thus one of the guarantees of the King of Scotland in an 
engagement of this nature, muft certainly have been a man of high rank ; and the 
name of Stewart having at that time been confined to the family of the High 
Stewarts, he mod probably was a fon of Alan above-mentioned, and a younger brother 
of Walter the High Stewart, who fucceeded him. 

This David Stewart had efcaped the attention of all the Genealogifts, until he was 
firft taken notice of by Sir David Dalrymple in his Annals, vol. i, p. 147. 



I 10 ] 

THIRD GENERATION. 

WALTER, Son and Heir of the preceding Alan. 

He fucceeded to his Father in the year 1204, and died in the 
year 1246, 

PROOFS conccrnbig this WALTER. 

PART ^HARTER by King William the Lion, dated at Dunfrez,. 

c- — >-.. ^ ^— ^ (without mentioning the year,) to which the witnefles are, 

Ricardus de Moreville, Conftabularius; Walterus^Jilius Alani, Dapifer\ 

Walterus OUfar; Robertus de Quincij Willielmus de Veteri Pontec 

Original charter, with the Great Seal of Scotland to it, in pof- 
feffion of the Scotch College at Paris, granted by Alexander 11. in 
favor of the Church of Glafgow, dated at Air, 8th May, in the 
9th year of his reign (which was the year 1223). In the tefting 
claufe of the charter, the firfl witnefs mentioned is Walterus^ JiUus 
Alani^ Scnefcallus*; and there are eight other witneffes named after 
him. 

The fame perfon appears to have been at the fame period de- 
figned Dapifer ; which proves, that Senefcalliis and Dapifer were at 
that time defcriptive of the fame office. 

The proof, that the fame perfon was at the fame period defigned 
Senefcallus and Dapifer^ is furnifhed completely by the papers in the 
Scotch College at Paris j for the fame Walter, who in the above- 
mentioned charter by King Alexander II. is defigned Senefcallus^ 

* The ether witnefles in this charter named after Walterus, filius Alani, Senefcallus, 
are '« Walterus Olifard Jufticiarius Laod. Rod. Capellanus, Ingelram de Baliol, 
« Henricus de Baliol Camerarius, Henvicus de Stivel filius Comitis D. D. Joannis 
«' de Macafwell, Reginaldus de Crawfurd Viceconies de Ar, Walterus Biffet." 

y granted 



WALTER, SON OF ALAN. 

granted a charter in favor of the Church of St. Mungo at Glafgow, p 
wherein he defcribes himfelf thus : " Walterus, filius Alani, Dapifer u- 
*' Regis Scotise." This charter is in the Chartulary of Glafgow, 
called the Red Book, fo. 38. 

Original charter by King Alexander II. dated 8th February, in 
the 23d year of his reign, (1237,) in favor of the Church of 
Glafgow. The witnefles to which charter are, " Walterus, filius 
" Alani, Senefcallus, Jufticiar. Scotias." The other witnefles men- 
tioned after him arc, " Walter Cumyn, Comes de Menteth; 
" Walt. Olifard Juftic. Laodem. Alan Heftier, Walt. ByfTet, Roger 
" Avenel, David Marfcall*." 

From this charter it appears that Walter, in or before the year 
1237, had been made Jufticiary of Scotland. Duncan Stewart, in 
his hiflory, fixes the 24th of Auguft 1230 as the date on which 
Walter got the high office of Jufticiary of Scotland. 

This Walter was, after the death of King Alexander's firft w.n 

Clirc 

Queen, (who died 4th March 1239,) fent to France as Ambaflador, vol. 
to negotiate a marriage for the King with Mary, daughter of 
Ingerlam Lord of Coucy; in which negotiation having fucceeded, 
the nuptials of the King with that Lady took place in the year 
1239. 

Walter the High Stewart died in the year 124G, leaving iflue 
feveral fons: i ft, Alexander, who fucceeded him; 2d, John, faid 
to have been killed at the taking of Damletta in Egypt in 1249, ^^^ 
died without iflue; 3d, Walter, who is firft defigned in charters 
Walterus Senefcallus, filius Walteri, Senefcafli Scotise ; and after- 
wards Walterus Senefcallus, Comes de Menteith; 4th, William, 
mentioned in fome charters, of whofe iflue there is no account. 

The above account of the fons of Walter is taken from Sym- 
fon, pp. 43, 44. After naming thefe four fons, Symfon adds 

• All the charters referred to in N° IH. are in the Scotch College at Paris, either in 
original, or in the old chaitularies. 

c a thefe 



WALTER, SON OF ALAN". 

tliefe words: " Our Hiftorians and Genealogifts, &c. have foifted 
» " in a Robert, another Ion of this Walter, and make him anceftor 
" to Darnley and Lennox^ but without ground, as fhall appear in 
" the Appendix to the next Chapter." 

The Appendix thus referred to by Symfon relates to Sir John 
Stewart of Bonkyl, whom Symfon has proved in a fatisfadory 
manner to have been the anceftor of the Stewarts of Derneley and 
Lennox, as will be made manifeft in the fequel. 

This Walter died in the year 1241, according to the Chronicle 
of Melrofs; but George Crawfurd, in his Hiftory of the family of 
Stewart, maintains that he died in the year 1246, and refers to the* 
Chartulary of Paifley,. for the proof of his not having died before 
t>hat time. 



FOURTH GENERATION- 
ALEXANDER the High Stewart, Son and; 
Heir of WALTER. 

This Alexander fucceeded to his Father Walter ia. 
1.246, and died in the year 1283. 

PROOFS.. 

FROM Rymer's Foedera, torn. ii. it appears, that In 1255, this 
Alexander the Stewart, was one of the Counfellors to King 
Alexander III. of Scotland ; and from Dalrymple's Annals, vol. i. 
p. 168, it appears, that he was apppointed one of the regents of 
the kingdom*. 

At 

* Sir David Dalrymple, in his Annals, vol: i. p. 165, obferves,, that at this 
period, ia 1255; the Cumyns held the principal fway in Scotland j and that two 

Baron* 



ALEXANDER THE HIGH STEWART. 

At the battle of Largs in Cunningham, 2d Odtober 1263, Alex- 
ander the Stewart commanded the Scottifh army, (Fordun, vol. ii. «. 
p. 98,) where a vidory was obtained that day over the Nor- 
weigians and their leader Haco. 

In the fame year, 1263, on the 30th of November, according 
to Symfon and Duncan Stewart, in their Hiftories, Alexander the 
Stewart obtained from King Alexander III. a charter of the Barony 
of Garlies, then in the Shire of Dumfries, now in the Stewartry 
of Kirkcudbright ; which lands went afterwards to Sir John Stewart 
of Bonkyl, the fecond fon of this Alexander, and to his pofterity*. 

It was this fame Alexander the Stewart who, according to Symfon, 
p. ^^, and Duncan Stewart, p. 50, invaded and fubjedled the J/Ie of 
Man, and annexed that ifland to the Crown of ScotlarKl'. 

The account given by Sir David Dalrymple, concerning the ac- 
quifition of the Ifle of Man, in his Annals, vol. i. pp. 176, 177, 
is, that in 1264, Magnus, fon of Olave King^ of Man, defpair- 
ing of afllftance from Norway, did homage to King Alexander 
of Scotland at Dumfries, and became bound to furnifh to his Lord 
Paramount five gallies with twenty-four oars, and five with 
twelve oars. 

That in 1266, after long negociations with Magnus King of 
Norway, it was agreed that Norway fhould yield to Scotland all 
right over the JEhudx and Ma?i, and in general over all iflands in 
the Weftern Seas of Scotland. 

Barons of their party, Robert de Res and John de Baliol, had the name of Regents ; 
but that their opponents were numerous and mighty, the chief of whom were Patrick 
Earl of March. Malice Earl of Straiherne, Neil Earl of Carrick, Robert de Brus, 
Altxander the Ste-umrt of Scotland, and Alan Dureward ; and further, that Henry III. 
of England efpoufed the interefts of this party. 

* In the Genealogical and Hlftorical Account of the Stewarts by Symfon, anno 
1712, p. 56, he fays, that the original evident (or conveyance) by Alexander the 
Stewart to his fon Sir John, was in the hands of Alexander, third Earl of Galloway, 
3nd was for fome months in the cuftody of John Stewart of Phifgill, a cadet of that 
family, who had frequently in converfations with him (Symfon) attelted that faft. 

This, 




ALEXANDER THE HIGH STEWART. 

This Alexaniier the Stewart gave many charters, confirming the 
former deeds of his father Walter and his anceftors to Palfley and 
other abbeys and churches ; particularly at the feaft of the Annuncia- 
tion of the Blefled Virgin, anno 1266, in prefence of King Alex- 
ander III. and many noble witnefles, he gave to the abbot and 
convent of Melros a new grant, ratifying to them certain lands they 
flood poITefTed of, and granting to them many exemptions and 
privileges. In this charter he is defigned " Alexander, Senef- 
" callus Scotijc, filius Walterl Senefcalll." 

In the year 1276-7, January 20, this Alexander the High Stewart, 
and his fon and heir James, are witnefTes to a charter granted by 
King Alexander III. the twenty-feventh year of his reign, confirm- 
ing a deed by Nigel the deceafed Earl of Carrick, to Roland Carrie^ 
and his heirs after him, declaring him chief of his tribe, and arbitra- 
tor in all pleas, differences, and other affairs of that progeny. 

In the year 1281, July 25, at Roxburgh, on the final agreement 
of the matrimonial contrad between Margaret daughter of King Alex- 
ander III. of Scotland, and Erick King of Norway, by his proxies, 
this Alexander the Stewart was one of the great men of the Scottifh 
privy council, who fwore for the performance of the articles agreed 
upon on the part of the King of Scotland. 

Hiftorians are not agreed as to the precife time of the death of 
this Alexander the Stewart ; but Symfon and Duncan Stewart fix 
the time of his death to have been in the year 1283, in the fixty- 
ninth of his age, and the thirty-third of the reign of King Alexander 
III. ; and that he was interred at Paifley. 

His ilTue were t 

I. James, his eldeft fon and heir. 

II. John, known by the defcription of Sir John Stewart of 

Bonkyl*. 

III. Elizabeth, married to William Lord Douglas, Knight, fur- 
named the Hardy. 

* From whom fprung the Stunrts of Dertieley, LentioK) and Aubigny, as will appear 
in Parts II. and HI. of this Genealogical Hiftory. 



J 



[ 15 ] 



FIFTH GENERATION. 

JAMES the High Stewart, Son and Heir of 
ALEXANDER. 

This James fucceeded to his Father Alexander In 1283; 
died the i6th of July 1309, in the fourth year of the reign 
of King Robert DE Brus, and was buried at Paifley. 

PROOFS. 

AMES the Stewart is frequently mentioned In the Ads pre- part 
ferved in Rymer's Foedera. , . ' _j 

After the death of King Alexander III, which happened on the 



19th of March 1286, the eftates of Scotland, aflembled at Scone on ^°a^„j"p;i 
the nth of April 1286, to provide for the fecurity of the govern- ry">pies a 
ment during the infancy of Margaret the Queen, grand-daughter p- «^5. * 
of King Alexander III. chofe fix regents under Queen Margaret, 
of which regents James the High Stewart was one. 

Queen Margaret having died in Orkney in the year 1 290, Scot- 
land was involved in fcenes of mifery and blood for many years ; 
during part of which time James the High Stewart continued one of 
the guardians or governors of the kingdom. 

In 1 29 1, he was one of the auditors on the part of Robert de 
Brus, in prefence of Edward King of England, as appears from the 
lift publiflied in Rymer's Foedera, vol. ii. p. ^£6. 

In the year 1297, James the High Stewart, with his brother John, Dai.ympie-3 
Robert Wifhart, bifliop of Glafgow, Sir Andrew Moray of Both- p.T+6^*" " 
well, &c. affociated with Sir William Wallace and Sir William 

Douglas 



JAMES THE HIGH STEWART. 

Douglas in their ftruggles againft the dominion of the Engllfh in 
j Scotland. 

In 1302, this James and other fix ambafladors were fent to 
France to feek afuftance from King Philip, and to watch over the 
national interefts. 

On the 8th of June 1303, thefe ambafladors wrote a letter from 
Paris, which is publiihed in Rymer's Foedera, vol. ii. p. 927. 

On the 1 6th of March 1 309, many of the earls and barons of Scotland, 
of which James the Stewart was one, wrote to Philip King of France, 
that they had recognized King Robert Bruce's right to the crown. 

James the High Stewart died the i6th of July 1309, in the fixty- 
fixth year of his age, in the fourth year of the reign of Robert I., 
and was interred at Paifley. 

He married Cecilia, daughter of Patrick Earl of Dunbar and 
March, by whom his iflfue were, 

I. Walter * his fucceflbr. 

II. Sir John, killed at the battle of Dundalk in Ireland, with 

Edward Bruce, Earl of Carrick, in the year 1 3 1 8. 

III. Sir James of Durifdeer ; he is mentioned by Barbour, b. xix., 

as having furvived his brother Walter (who died on the 9th 
of April 1326); and it there appears that in the following 

* In the accounts given by Symfon, George Crawfurd, and Duncan Stewart, of 
the fons of James the High Stewart, they all concur in mentionhig only Walter as 
his fon and heir, and two other fons, John and James ; but it appears clearly from 
Sir David Dalrymplc's Annals, tom. ii. p. 11., and from the authorities there referred 
to, that there was another fon, Andrew, who was the eldeft fon of James the High 
Stewart. This Andrew had been given by his father as an hoftage to Edward I. of 
England, who placed him with the Bidiop of St. Andrew's. Sir David further ftates, 
♦' that on hearing of the Daughter of Comyn, Edward demanded back the youth, 
" probably with a view of fecuring the fidelity of the father, but that the Bifliop, in- 
" ilead of reftoring his charge, put him into the hands of Bruce." 

It does not appear what afterwards became of this eldeft fon Andrew, but he muft 
have died without iffue, as the next brother, Walter, fucceeded to all the pofleifions of 
the High Stewart, and carried on the line of the family. 

year 



WALTER THE HIGH STEWART. 

year after his brother's death, he, James, commanded his 
troops, and accompanied Thomas Earl of Moray and Sir 
James Douglas in an hoftile expedition they made into 
England. 



SIXTH GENERATION. 

WALTER the High Stewart, Son and Heir of 
JAMES. 

This Walter, born in the year 1293 ; fucceeded to his 
Father James on the i6th of July 1309; married Marjory 
the daughter of King Robert de Brus in 1315; and died 
the 9th of April 1326. 

PROOFS concerning this WALTER. 

'TpHE firft account of him in hiftory is in the year 13 14, in the 
-*- twenty-firft year of his age, when at the aflembling and array 
of the Scottifli army at Torwood, a little before the famous battle of 
Bannockburn, Walter the young Stewart brought a noble body 
of men to the aid of Robert de Brus againfl: Edward II. of 
England *, 

In the arrangement made of the forces of the Scottilh King, they 
were divided into four battails or divifions j the command of the 

* « Walter Stewart of Scotland fyne 
" That then was but a beardlefs hyne, 
" Came with a rout of noble men, 
" That might by countenance be ken." Barbour, p. 228. 

o firft 




j3 WALTER THE HIGH STEWART. 

PART firft was given to Thomas Randolph Earl of Moray ; of the fecond, 

u J-—' to Edward Bruce, the King's brother ; the command of the third 

battail or divifion was given to Walter the young Stewart, and to his 
kinfman Sir James Douglas * ; and the command of the fourth, 
or rear guard, was referved for King Robert himfelf. The young 
Stewart was thus trufted with a command at an early period of his 
life, and was a fharer of the glory of the vidory obtained at the 
battle of Bannockburn over the army of King Edward. 

About the end of the year 13 14, "Walter the High Stewart was 

appointed to receive, on the borders between England and Scotland, 

the illuftrious Scots prifoners then releafed from captivity in England, 

viz. Elizabeth the wife of King Robert Bruce, Marjory Bruce, his 

daughter, Chriftian, his fifter, Donald Earl of Marre, her fon, and 

Robert Bifhop of Glafgow. 

Public re- In the year 13 15, King Robert de Brus gave his daughter Mar- 

shafeVrby" jory iu marriage to Walter the Stewart, then at the age of twenty- 

cra^rturd-s two ; to whom King Robert gave in frank-marriage the barony 

"ewansf '''' of Bathcate, the lands of Ricartoun and Rathow, and various other 

lands. 

In the year 1316, Lady Marjory died, leaving iffue of the mar- 
riao-e one fon, Robert, born on the 2d March 13 16, who afterwards 
became King of Scotland. 

When King Robert de Brus paffed over to Ireland, in the year 
13 16, to aflift his brother Edward then King of Ireland, he appointed 

« " And fyne the third battle they gave 
"To Walter Stewart for to lead, 
«' And to Douglas doughty of deed. 
" They were coufins in near degree, 
" Therefore to him betaught was he ; 
" For he was young but not forthy, 
»' I trow he Ihall fo manlily 
" Do his devoir, and work fo well 
*« That he fliall need no more zounfcil." Barbour, p. 232. 

Walter 



WALTER THE HIGH STEWART. 19 

Walter the Stewart and Sir James Douglas, governors of Scotland part 
in his abfence. (Dalrymple's Annals, vol ii. p. 67.) t__ -.' — _j 

Edvirard de Brus had gone to Ireland in the year 13 15, where he ^'°^^" 
landed at Carrickfergus on the 25th of May with 6000 men, 
and after great viciffitudes of fortune was killed at Dundalk in 
Ireland, with many brave men, who fell in battle on the 14th of 
October 1318. 

While Edward de Brus, the brother of King Robert, was alive, Fordun, 
and before his fetting out on the expedition to Ireland, there was x... cap. 24. 
a folemn fettlement made of the fucceffion to the crown of Scotland, An<ini;.n's 

Iiidepenrleiicy 

in the event of the death of King Robert; and by that fettlement, ofScoiand, 
which is dated at Air on Sunday the 26th of April 13 13, it was, in no 24. 
prefence of the clergy and nobility there aflembled, fettled and agreed, 
that in cafe of the death of King Robert without heirs male of his 
body, Edward de Brus, the King's brother, " tanquam vir ftrenuus 
*' et in adlibus bellicis, pro defenfione juris et libertatis regni Scotije 
*' quam plurimum expertus, et heredes fui mafculi de corpore fuo 
" legitime procreandi, ipfi domino regi in regno ipfo fuccedant :'' 
and failing the faid Edward Brus, and the heirs male of his body, 
that the fucceffion of the kingdom of Scotland fhould belong to 
Marjory the daughter of the faid King Robert. That fettlement 
appears to have been prior to the marriage of Marjory. 

But after the death of Edward de Brus without leaving lawful FoiJun, lib. 
heirs male of his body, a new fettlement for regulating the fuc- Hnrici'a..'''Ma- 
ceffion to the crown was made in a parliament held at Scone upon N" 4694! 
the 3d of December 13 18, in prefence of King Robert and of the Appendix,*^ 
ftates of parliament there affembled, when it was enafted, that in the *^' 
event of King Robert's death, without leaving a lawful heir male 
defcended of his body, in that cafe Robert the fon procreate of the 
marriage between the Lady Marjory, daughter of the faid King, 
and a noble perfon, Walter Stewart of Scotland her hufband, fhould 
D a fucceed 



WALTER THE HIGH STEWART. 

fucceed to our faid Lord the King as his neareft aud lawful heir in 
; the kingdom of Scotland. And hy the fiime atl it was declared, 
that if Robert, or the heir fucceeding to the crown, fhould happen 
to be under age at the time of the deceafe of the King, then the 
tutory or curatory of him, and the guardianfhip of the whole 
kingdom and people, fhould be committed to Thomas Randolph, 
Earl of Moray and Lord of Mann ; and failing of him, to James 
Lord of Douglas. 

To this a£l of fettlement at Scone, the feals of many of the then 
clergy and great men were appended, one of which is that of Walter 
the Lord Stewart, who was called from Berwick to be witnefs to 
that folemnity at Scone. 

In the year 131 8, the town of Berwick w^as taken from the 
Englifh, and the charge of this important acquifition was committed 
to Walter the Stewart, who made preparations for fuftaining a 
fiege, and aflembled his own kindred, vaiTals, and followers to aid 
him in the difcharge of his truft *. 

In the year 1319, Walter defended that important frontier with 
fignal bravery againft a royal army commanded by the King of 
England in perfon, who was obliged to abandon the fiege of Ber- 
wick after exerting his utmoft efforts to no purpofe f. 

On 

* The particulars relating to the capture of Berwick (on the 28th of March 13 18) 
are ftated in Dalrymple's Annals, vol. ii. p. 78. where the author mentions, that the 
garrifon of the caftle, and the men who had fled into it from the town, perceived that 
the number of the Scots was fmall, and made a defperate Lilly ; but that they were re- 
pulfed ciiiefly by the extraordinary valour of a young knight, Sir William Keith of 
Galjloun. 

■}■ In Dalrymple's Annals, vol. ii. pp. 88, 89, 90, an account is given of the 
animated efforts made by the Englilh for regaining the town and caftle of Berwick, 
gnd the no lefs animated and refolute efforts of the Scotch for defending it ; this is 

weti 



WALTER THE HIGH STEWART. 

On the 6th of April 1320, the nobles and barons of Scotland, &c. i 
aflembled at the monaftery of Aberbrothock, wrote a famous letter to ^ 
Pope John, recorded by various hiftorians. One of the nobles who 
figned this letter was Walter the Stewart. 

In 1 32 1, the lands of Nifbett and others poflefled by Sir William ' 
Bowles, the baronies of Kelly and Methven, which were Sir Roger 
de Mowbray's, were given to Walter the High Stewart, upon the 
forfeiture of Sowles and Mowbray, who had been concerned in a 
confpiracy againft Robert de Brus, for which they were tried in a 
parliament held at Scone, in Auguft 1320. (Annals, vol. ii. 
p. 96.) 

In 1322, Walter the Stewart was engaged in the fame enterprife 
with Douglas and Randolph, when by a forced march they endea- 
voured to furprife Edward II. at Beland Abbey in Yorkfhire. Ed- 
ward with the utmoft difficulty efcaped to York. The author of 
the Annals (vol. ii. p. 104.) fays, that the Stewart with five hundred 
men purfued the Englifh to York, and in the fpirit of chivalry, 
remained at the gates until evening, waiting for the enemy to come 
forth and renew the combat ■'•. 

The 

well defcribed by him, p. 96, where the merit of Walter the young Stewart appears 
to have been confpicuous. His words are : 

" Neverthelefs, the Englifh, eager to retain their ancient reputation in arms, con- 
" tinued the aflault with unremitting ardor. The Stewart, with a referve of a 
«' hundred men, went from poll to pofl and relieved thofe who were wounded or 
*' unfit for combat. One foldier alone remained with him of the referve, when the 
" alarm came that the Englifh had burnt a barrier at a port called St. Mary's, pof- 
■*' fefTed themfelves of the drawbridge and fired the gate. The Stewart haded thither, 
" called down the guard from the rampart, ordered the gate to be fet open, and 
" rufhed through the flames upon the enemy, a defperate combat enfued, and con- 
" tinued until the clofe of the day, when the Englifh commanders withdrew their 
" troops on every quarter from the affault (13th September)." 
* " Walter Stewart that great bountie 
" Set ay upon by chivalry 
" With five liundred in company 

" Unto 



22 WALTER THE HIGH STEWART. 

PART The author of the Annals ftates, that Walter Stewart the King's 
fon-in-law, died the 9th of April 1326; and adds, that " had he 



Fonli 



" courfe of glory was fliort." 

According to Symfon, Duncan Stewart, and fome other hiftorians, 
Barbour, ^02. j|jjg Walter the Stewart was thrice married : i. To Alice, daughter 
to Sir John Erfkine of Erfkine ; of which marriage there was one 
daughter, Jean, married to Hugh Earl of Rofs. 2. To Marjory de 
Brus, of which marriage there was an only child, Robert, afterwards 
King of Scotland. 3. To Ifabel, fifter of Sir John Grahame of 
Abercorne ; of which marriage there was one fon, Sir John Stewart 
of Ralfton, who was father of Sir Walter Stewart of Ralfton, who 
died without ifTue. 

The events relating to Walter the High Stewart are vouched not 
only by hiftorians, but by Rymer's Foedera, by Fordun, and by 
many written documents in the records in Scotland. 

" Unto York's gates the chace can ma 
" And there fome of their men can fla 
" And there abade while near the night 
" To fee if any would i(h and fight." Barbour, p. 393, 



[ 23 ] 



SEVENTH GENERATION. 

ROBERT the Stewart, afterwards King of 
Scotland. 

This Robert, bom on the 2d of March, 1315-16, of the 
marriage between Walter the Stewart and Marjory, 
daughter of King Robert de Brus, fucceeded to the 
eftates and pofTeffions of the Stewarts of Scotland, in the 
year 1326, upon the death of his Father Walter, and to 
the Crown of Scotland in February 13 70- 1, upon the death 
of his Uncle King David dz Brus, the Son of King 
Robert I. 

PROOFS re/ahfig to ROBERT the Stewart; and Hiftorical 
Sketch of the fituatioji o/" Scotland in his time. 

T T PON the 7th of June 1329, Robert de Brus, the reftorer of part 
^-' the Scotch monarchy, died at Cardrofs, in the ccth year of ^ ^^^ 

N°VII. 

his age. 

By the A£t of Settlement, made at Scone in the year 13 18, the 
fucceffion to the kingdom was, in the firfl place, limited to the heirs 
male of the body of King Robert; the right of fucceffion devolved 
therefore upon David, the fon of Robert de Brus by his fecond 
marriage, who being only about fix years of age at the death of his 
father, the charader of regent of the kingdom was affi.imed by 
Randolph Earl of Moray, to whom that charge was given by the 
Ad: of Settlement 13 1 8. 

While Randolph lived, the duties of the office were performed 

with that wifdom, activity, and vigour which belonged to his 

8 chara(3:er ; 



ROBERT THE STEWART. 

charader ; but Scotland was deprived of the abilities of this great 
I man in an early part of his adminiftration, and at a critical time, in 
the year 1332, when the difmherited Engliih barons, who by the 
treaty of Northampton had been deprived of their pofleffions in 
Scotland, were preparing to invade that country to recover their 
antlent pofleffions, and to fubvert that government which the valor 
and policy of King Robert de Brus had eftabliflied. 

In confequence of the Englifh preparations Randolph afl'embled 
an army, and marched northwards for the defence of the interior 
parts of the kingdom; but on the 20th of July 1332, he expired 
on the march, which he had entered upon amidfl: the excruciating 
pains of bodily difeafe. 

By the fettlement 13 18, James Lord Douglas had been appointed 
to fucceed to the Earl of Murray, as guardian of the kingdom, ia 
the event of his furviving Randolph; but in the year 1330, foon 
after the death of King Robert, Douglas, in compliance with the 
dyiug requefl of his beloved fovereign and faithful friend, had fet 
out for Jerufalem with Robert de Brus's heart, in order to depofit 
it in the Holy Sepulchre. In his way to Jerufalem he vifited Spain ; 
and having given his aid to the King of Spain in a combat with the 
Saracens, he fell, on the 25th of Augufl: 1330, furrounded and 
overwhelmed by fuperior numbers. 

Upon the death of the regent Randolph Earl of Murray in 1332, 
the Scottifh Parliament aflTembled at Perth for choofmg a fucceffor, 
when after great diverfity of opinions, the choice fell upon Donald 
Earl of Marr, nephew of the late King Robert; an unhappy 
choice (as obferved by the author of the Annals); for this new 
regent, deftitute of civil abilities and experience in war, had aflumed 
the reins of government at a moft critical jun£ture, and amidll 
perils which it would have required the genius of Douglas, 
Randolph, and Bruce, effeftually to oppofe. At the fame time it 
is admitted, that it was difficult to make a fit and unanimous choice 

of 



ROBERT THE STEWART; 

'of a regent, mofi: of the furvlving companions of the vi£\;ones of 
Bruce were far advanced in years ; his grandfon the Stewart was i. 
under age ; and the pretenfions of the other great lords were 
■nearly equal. 

Edward Ballol, with his aflbciates from England, appeared in the 
Frith of Forth (31ft July 1332): he landed in the neighbourhood 
of Kinghorn, 6th Auguft; marched next day to Dumfermline, 
proceeded northwards, and encamped in the Miller's Acre at 
Forteviot, with the river Earn in front, on nth Auguft 1 332. 

The Earl of Marr the regent, with a numerous army encamped 
on the oppofite bank of the river Earn in the neighbourhood of 
Duplin. 

Then enfued the battle of Duplin Moor, (12th Auguft 1332,) 
where the troops of the Scottifti nation, from the bad condudt of 
their leaders, received an overthrow equally calamitous and 
difgraceful. 

Many Scotchmen of eminent rank were flain ; amongft thefe was 
Donald Earl of Marr the regent, whofe ignorance of military 
difcipline was the chief caufe of this national difafter; Thomas Earl 
of Moray, the fon and heir of the great Randolph; the Earl of 
Monteith ; Robert Earl of Carrick, &c. 

The lofs of this battle, and the courfe of events unpropltious to 
Scotland, was fo rapid and decifive, that Edward Baliol, within the 
fpace of three weeks from his landing, found himfelf in quiet 
pofleffion of Scotland, and was crowned at Scone on the 24th 
September 1332, in prefence of the clergy and people of Fife and 
of the Low Country of Perthftiire, who fubmitted to a power they 
could not refift. 

Such of the Scotch as ftill adhered to David their infant fovereign, 

conferred the office of regent on Sir Andrew Moray of Bothwell, 

hufband of Chriftian, the fifter of Robert de Brus. He, though 

E brave 



25 



26 



ROBERT THE STEWART. 

brave and a£llve, had not force fufficient to attempt any thing 
confiderable. 

On the news of the fudden change of affairs hi Scotland, Edward 
III. repaired to York, having been counfelled by his parUament, for 
the fafety of the realm^ to draw near the Scottifh frontiers. And it 
appears that he remained at York and in its neighbourhood from 
26th Odlober IJ32, to 9th March 1333. 

Meanwhile BaUol came to Roxburgh, and there made a folemn 
furrender of the hberties of Scotland. He acknowledged the 
Englifh King for his liege lord, and became bound to put him in 
poffeffion of the town, caftle, and territories of Berwick, and of 
other lands on the marches, extending in all to the yearly value 
of 2000/. 

Edward having engaged to maintain Baliol In poffeffion of Scot- 
land, Baliol engaged to ferve him in all his wars without exception' 
(23d November 1332). 

About this period many of the Scottlffi barons, either through 
defpair, or from antient attachment to the Baliol line, fubmitted 
to the conqueror, and acknowledged his title. 

In the month of December 1332, John, the fecond fon of- 
Randolph, now become Earl of Moray by the death of his elder 
brother; Archibald, the youngeft brother of the renowned Sir 
James Douglas ; together with Simon Frazer, affembled a body of 
horfemen at Moffat in Annandale, and fuddenly traverfmg the 
country, affaulted Baliol at Annan, where he lay in thoughtlefs 
fecurity. Henry, the brother of Baliol, and many other perfons 
of diftin£tion in the intereft of Baliol, were there flain. Baliol 
hirafelf efcaped almoft naked, and with hardly a fmgle attendant^ 
and took refuge in England. 

About the end of the year 1332, the Scots began to make 
excurfions into the Englifh borders. 

3 . . Baliol, 



ROBERT THE STEWART 

Baliol, having been joined by many Englifli barons, returned to 
Scotland 9th March 1333; and eftabUfliing his quarters in the 1 
neighbourhood of Roxburgh, began to make preparations for be- 
fieging Berwick. 

Sir Andrew Moray of Bothwell, the regent, refolved to attack 
Baliol before the arrival of reinforcements from England. A Iharp 
conflid enfued at the bridge of Roxburgh, where the regent, ill- 
feconded by his troops, fell into the power of the enemy. He wa'' 
condufted to King Edward at Durham, and detained in clofe 
cuftody. Thus Scotland was deprived of one of its ableft com- 
manders. Sir Andrew Moray of Bothwell ; and, a little before that 
time, had been deprived of the affiftance of Sir William Douglas, 
the famous Knight of Liddefdale, who was defeated and made 
prifoner near Lochmaben towards the latter end of March 1333. 

Upon the captivity of Sir Andrew Moray of Bothwell, 
Archibald de Douglas became regent. 

In May 1333, King Edward, meaning to circumfcribe the terri- 
tories of Scotland, as well as to chaftife the Scots, ordered 
pofleffion of the Ifle of Man to be taken in his name, and foon 
after made it over to William de Montague, who had fome claim 
of inheritance upon it. 

The chief purpofe of the Englifh King was to gain the town and 
caftle of Berwick, already ceded to him by Baliol. To the Scots, 
the prefervation of Berwick appeared no lefs important. The Earl 
of March was appointed to the command of the caftle, and Sir 
William Keith of Galftonto the command of the town. 

Baliol with his forces came before Berwick. Edward arrived 
foon after with the Englifh army, and eftablilhed his quarters at 
Tweed-mouth, oppofite to Berwick, on the fouth bank of the 
Tweed (May 1333). 

The fiege was vigoroufly profecuted on the part of the Englifl>, 

itud obftinatcly refilled on the part of the Scots. During a 

E 2 general 



2g ROBERT THE STEWART. 

PART general aflault the town was fet on fire, and in a great meafure 

I . '- _j confumed. The inhabitants having experienced the evils of a fiege,. 

'''' ' "■ and dreading the worfe evils of a ftorm, implored the Earl of 
March and Sir William Keith to feek terms of capitulation. A 
truce was obtained, and it was agreed, that the town and caftle 
fliould be delivered up on terms fair and honourable, unlefs fuccours 
arrived before the hour of vefpers on the 19th July 1333. 

By the treaty Sir William Keith was permitted to have an inter- 
view with the regent Archibald Douglas. He found him with his 
army in Northumberland ; ui-ged the neceffity of his return ; and 
fhewed him that Berwick, if not inftantly relieved, was loft for 
ever. Perfuaded by his importunities, the regent refolved to combat 
the Englilh, and either to fave Berwick or lofe the kingdom. 

On the afternoon of the 13th of July 1333, the regent prepared 
for battle. He divided his army into four bodies r the firft was led 
by John Earl of Moray, the fecond fon of Randolph, whofe eldeft 
fon Thomas had been killed at the battle of Duplin Moor ; the 
fecond body was led by the Stewart of Scotland, under the infpedion. 
of Sir James Stewart of Rofyth ; the third body was led by the 
regent Archibald Douglas hlmfelf, having with him the Earl of" 
Carrlck, and other barons of eminence ; the fourth body, or referve,. 
was led by Hugh Earl of Rofs. 

The Englilh were advantageoufly polled on a rifing ground at: 
Halidon, with a marihy hollow in their front ; and Ballol had the- 
command of one of the wings. 

The Scottllh army ruflied on to a general attack, but they had to 
defcend into the marihy hollow before mounting the eminence of 
Halidon. After having ftruggled with the difficulties of the ground,, 
and after having been inceflantly gauled by the Englilh archers, 
they reached the enemy ; and although fatigued and difordered ia 
their ranks, they fought as became men who had conquered under 
tlve banners of Robert de Brus. The Englilh, with equal valour, 

had 



ROBERT THE STEWART. 2^ 

had great advantages of fituation, and were better dlfciplined than part 
their antagonifts. The refult was difaftrous to the Scottifh army, u- — S—^j 
The regent Archibald Douglas received a mortal wound, and the 
Scots every where gav-e way. In the field, and during a purfuit 
of many miles, the number of flain and prifoners was fo great 
that few of the Scottifh army efcaped. The regent, mortally 
wounded and abandoned on the field of battle, only lived to fee his 
army difcomfited and himfelf a prifoner. 

In this battle many perfons of eminent rank in Scotland were 
killed; and amongft others, Alan Stewart of Dreghorn, the anceftor 
of the Stewarts of Derneley and Lennox, and two brothers of his* 
John and James. 

According to capitulation, the town and caftle of Berwick fur« 
rendered, and the Englifh King took hoflages for the fidelity of the 
citizens. 

In relating thefe events, it is faid by an Englifh hiflorian, " That Annals, voL 
" it was the general voice that the Scottifh wars were ended ; for 
" that no man remained of that nation who had either influence to 
" affemble, or fkill to lead an army." 

Some caftles hov<rever {till remained in the poffefTion of the friends 
of Scotland. Malcolm Fleming, having efcaped from the carnage of 
Halidon, fecured the caftle of Dumbarton . Alan de Vipont held 
the caftle of Lochleven : Robert Lauder, the caftle of Urquhart winton's 
in Invernefs-fhire; and Chriftian Brus, the fifter of King Robert, u.'pp.Tyi'Jjl', 
and mother of the deceafed Earl of Marr the regent, held the caftles 
of Kildrummy and Marr. .«. •, 

In fuch circumftances, it became neceifary to provide a fafe place 
of refuge for the young King David and his confort. Malcolm 
Fleming found means to convey them from the caftle of Dumbarton 
into France in the year 1333; where they were honourably enter- 
tained, and where they remained till the year 1341. 

About 




ROBERT THE STEWART. 

Aboui ihe beginning of Odober 1333, Baliol held a parliament, 
to which many Englifhmen, now become pofleffed of eflates in 
Scotland, repaired. 

In February 1334, Baliol held another parliament in Edinburgh, 
when JeofFrey Scroope, Chief Juftice of England, demanded in the 
name of Edward III. that the treaty between Baliol and his liege 
lord ihould be ratified; and to this, Baliol and his parliament con- 
fented. He became bound to ferve with all his forces in the wars 
of Edward J and, for performing in part the conditions covenanted, 
made an abfolute furrender of the town, caftle, and territory of 
Berwick, to be annexed for ever to the Englifh crown. 

The humiliation of the unhappy kingdom of Scotland became 
complete when BaUol, by a folemn inftrument, dated at Nevvxaftle- 
upcn-Tyne 12th June 1334, furrendered great part of the Scottifh 
dominions to be annexed for ever to England. In that inftrument 
Baliol faid, that he had formerly become bound to make a grant to 
Edward of lands on the marches to the amount of 2000/.; and the 
Scottifh parliament had ratified thefe obligations; and that he had 
accordingly furrendered Berwick and its territories: and now for 
completing and difcharging his obligations, he made an abfolute 
furrender to the Englifh crown, of the forefls of Jedburgh, Selkirk, 
and Etrick; of the counties of Roxburgh, Peebles and Dumfries, 
together with the county of Edinburgh and conftabulary of 
Linlithgow and .Hadington; and of all the towns and caflles be- 
longing to the feveral territories thus furrendered. 

Edward immediately regulated the government of his new 
dominions. He appointed a fheriff for each diflrid ; a chamberlain 
or general ftewart, and a jufticiary of Lothian. 

Upon the 1 8th of June 1334, Baliol prefented himfelf before his 
liege lord, did homage and fwore fealty for the whole kingdom of 
Scotland, and the ifles adjacent. 

la 



ROBERT THE STEWART. -j 

In the fame year, 1334, Baliol conferred on David Haftlngs de part 
Strathbogie, Earl of Athole, the "whole ejlatcs of the young Stewart f \ - ' , _, 

Scotland, ' 

Such was the fituatlon of affairs in Scotland in the year 1334, ch',oi°icif toI 
which may be confidered as the commencement of the career of. "'P''""'^''''^' 
Robert the young Stewart of Scotland. 

It has been thought neceffary to give this general fhort fketch of- 
tlxe affairs of Scotland, from the death of King Robert de Brus in 
13129, to the year 1334, in order that the difficulties, and the courfe. 
of unpropitious events which immediately preceded the exertions of 
Robert the young Stewart, for the prefervation of the rights and 
liberties of his country, may be juftly felt and appreciated*. ' 

In the courfe of the year 1334, Sir Andrew Moray of Bothwell 
having been fet at liberty, returned to his native country; and with 
his antient zeal for the public, began to affemble the furviving 
friends of Scotland. He was joined by Alexander de Moubray, 
formerly attached to Baliol, but alienated from him and from his 
fupporters by their behaviour in a difpute concerning the fucceffion 
to the inheritance of his deceafed brother. Geoffrey de Moubray 
alfo, whom Edward had appointed governor of Roxburgh, revolted. 
to the Scots. 

Richard Talbot, attached to Baliol, was in the north when thefe w^niigham, 
difturbances began. He endeavoured to pafs into England, but ^ordun, xiii. 
was interrupted by Sir William Keith of Galftoun, defeated and ^^'"'o""' 

Chronicle, vol. 

made prifoner. "• p. 109. 

The Stewart of Scotland had lain concealed in Bute ever fmce 

the battle of Halidon, (19th July 1333,) where at the age of 

fixteen he had commanded one of the bodies of the Scottifh army. 

He now, in the fucceeding year 1334, found means to pafs over to f'"'''"". ""'"' 

39. 

• The reprefentation of the fafls has been chiefly taken from Sir David Dalrymple's. 
Annals, as the fource that may be the moft depended upon for an impartial relation, 
of fafls. 

the 



-ROBERT THE STEWART, 
p A R T the caftle of Dumbarton, and refolutely flood forth m the public 

Affifted by Dugald Campbell of Lochow, he made hlmfelf 
mafter of the caftle of Dunoon in Cowal. His tenants of the 
ifland of Bute attacked and flew Alan de Lile the governor, and 
prefented his head to their mafter. John, the fon of Gilbert, was 
made prifoner in the adion where de Lile fell. This man was 
governor of the caftle of Bute ; he ordered the garrifon to furrender, 
and attached himfelf to the Scottifli intereft. Encouraged by thefe 
fuccelfes, the Stev/art invaded the territory of Renfrew, his antient 
inheritance, and by military execution compelled the inhabitants to 
acknowledge the fovereignty of David. In accomplifhing which, 
it is faid by Fordun, lib. xiii. cap. 32., that the Stewart was joined 
by William Carruthers and his relations from Annandale, and by 
Thomas Bruce from Kyle. 

The exertions and the rapid progrefs made by the young Stewart 
are well ftated by Fordun*, lib. xiii. cap. 32, ^;^. pp. 316, 317; 

and 

Fordun lib. * " Cvebrefcente quotidie nimore arrldentis fortunce Juvenis Senefcalli Scotlx, 

xiii. cap. ^z, «' Willielmus de Carrutheris cum fratribus, nepotibus ac cognatis I'uis, probis viris et 
33- PP- 3"'''. a probatis Scotis, qui ad partem Regis Anglix pro nulla amifTione temporalium 
" defletli potuerunt, quique in Valle de Annandia latitantes, et in maxima penuria, 
" tanquam Silveftres, hinc inde vagantes fefe demum unanimiter, quafi examen 
" apium, congregantes, fpeftabili fatis cuneo fe committunt Senefcallo. Qui de 
«' eorum adventu jocundatus, fibi, eodem tempore, Thomas de Bruce cum melioribus 
" de Kyle adjundus eft. Catervatim igltur ad eum hinc inde confluentibus, ccepit 
" viriles quolque allicere, et cordatos Scotos ad fe trahere exercitum fuum quotidie 
'' augmentare, et ipforum animos, vicaria diledtione et firmitate fida, fibi coiiglutinare. 
" Qui quidem pubefcere tunc cospit adoiefcens, fpeciofus forma pras filiis hominum, 
*' corpore largus et procerus; omnibus afFabilis et modeftus ; largus, hilaris, et 
«• honeftus ; in quo tantam gratiam innata bonitas praeftiterat, ut a cundis fere populis 
«* fidelibus Scotis avide amaretur. 

•' Inter hjec a tranfmarinis partibus et a Rege Scotorum David Johannes Ranulphi, 
•' Comes Moravix repatriavit, et apud Dunbretan applicvit incolumis; quern 
" gratanter recepit Senefcallus. Et quia tunc magna potentia accrevit Senefcallo, nee 
■" res aut negotiuin pati potcrat otium, mifit, quafi omni die, trans Clydum valentiuna 

" catervas 



ROBERT THE STEWART. 

and he defcrlbes him thus : " He was a comely youth, tall 
" and robuft, modeft, liberal, gay, and courteous; and for the <> 
" innate fweetnefs of his difpofition, generally beloved by true- 
" hearted Scotfmen." 

John Earl of Moray, the fecond fon of the great Randolph, had 
efcaped into France after the battle of Halidon. He now returned 
to Scotland. The Scots acknowledged him and the young Stewart 
as regents, under the authority of their infant and exiled fovereign. 
The Earl of Moray fpeedily colleaed a body of troops ; invaded 
the country of the Earl of Athole, and conflrained him to retire 
into Lochaber, where, deprived of all means of refiflance, he was 
compelled to furrender, and embraced the party of the conqueror. 

On this rapid change of things, Baliol again retired into England 
and implored the protedion of his fovereign. Edward led his 
troops againft the infurgents (14th November 1334). With one 
part of the army Baliol wafted Evandale and the adjacent territories 
(December). He celebrated Chriftmas in royal ftate at the caftle 01 
Renfrew; and diftributed lands and offices among his guefts. 

Edward led the reft of his army into the Lothians, and ruled at 
pleafure in a defolate and defcncelefs country. 

At this junaiure Patrick Earl of March formally renounced the 
fealty which he had fworn to England. 



' catervas hominum, qui, hac illacque difcurrentes, patriam populantur, pradas 
' diripiunt, captives ducunt, vel ad fidcm Scoticanam convertunt. Et fie infra 
' breve inferiorem partem de Clyddifdale, velint iiolint liabitatores, fibl fubjugales 
' eos efBciunt. Ad Senefcallum dehinc baroniales de Renfrew adveniunt, et fibi, 
' tanquam proprio domino, humiliter fe offerunt. Ad quorum exemplum Godefridus 
' de Res, Vicecomes de Ayre, pod tamen aliqualem refiltentiam, cum univerfitate d« 
' Carrick, Conyngham et Kyle attraftus five coaaus, placuit Senefcalli fe fubderc 
« legi. Placuit etiam proceribus et communitatibus eligere Senefcallum et Comitem 
' Moravis in regni cuftodes, promittentes ainftentiam ct perfonale obfeouium ad 
' quoquc imperata." Fordiin, lib. xiii. 

F In 



ROBERT THE STEWART. 

In 13 35, (April,) the Stewart and the Earl of Moray, regents,; 
affembled a parliament at Dartfey near Cupar in Fife ; at which 
aflembly there appeared the Earl of March, Sir Andrew Moray of 
Bothwell, Alexander de Moubray, William Douglas of Liddefdale, 
and many other barons ; and the Earl of Athole was alfo there with 
a formidable train of attendants, and bore himfelf with a haughtinefa 
of demeanor which the Scottifh Lords could ill brook. This 
ambitious and fickle young man fet up his party in oppofition ta 
the Earl of Moray, and is by fome hiftorians faid to have wrought 
on the inexperience and facility of the young Stewart, to join with 
him in perplexing and thwarting the national councils of that 
parliament. The deliberations were influenced by private interefts,. 
anlmofities, and mutual difgufts, and at length the barons, without 
having concerted any general plan of defence, feparated themfelves 
in confufion. 

In July 1335, Edward again invaded Scotland. 

In Auguft 1335, John Earl of Moray the regent, in returning 
from the borders, to which he had efcorted the Count of Namur, 
was attacked by William de Preflen, Warden of the caftle and foreft 
of Jedburgh ; his party was routed, the Earl himfelf was made 
prifoner, and conveyed into England, where he remained prifoner 
till the year 1341, when he was exchanged for the Earl of Salifburyo 

The captivity of the one regent, and the inexperience of the 
other, feemed to precipitate the ruin of the Scottifh nation. 
Alexander de Moubray, Geoffrey de Moubray, and certain other 
perfons, having, as they faid, full powers from the Earl of Athole 
and Robert the Stewart of Scotland, concluded a treaty with Ed- 
ward III. at Perth, i8th Auguft 1335. 

Upon 24th Auguft 1335, Edward III, granted a fpecial pardon to 
the Earl of Athole, reftored him to his En^^lifh eftates, and conferred 
on him the office of lieutenant in Scotland. 

Sir 



ROBERT THE STEWART. 

Sir Andrew Moray of Both well, with the Earl of March and 
William Douglas of Liddefdale, had colledted 800 men, natives of (. 
the Lothians and Merfe, and with the affiftance of 300 men brought 
to them from Kildrummy, furprifed the Earl of Athole in the foreft 
of Kilblain, where his troops, feized with a panic, were difperfed, 
and he himfelf flain (November 1335). l_!cc'ClH tA}'.l 

After the death of the Earl of Athole, Sir Andrew Moray of 
Bothwell affembled a parliament at Dumfermling, and was acknow- 
ledged by that aflembly in the character of regent. 

Edward endeavoured to fuftain himfelf in his new acquifitions, 
by making grants of them to his principal lords. With this view, 
he beftowed the town and fheriffdom of Peebles, the town, flieriff- 
dom, and foreft of Selkirk, and the foreft of Etrick, on William de 
Montague and his heirs (loth October 1335). 

In the former year, he had acquired from Henry de Percy the 
Pele of Lochmaben, with Annandale and Moffatdale, and had 
given him in exchange the town, caftle, conftabulary, and foreft 
of Jedburgh, with fome other places in that neighbourhood. 

The conteft between the Englilh and the Scotch Was carried on 
with various fortune during the years 1335 and 1336. 

In the year 1337, the military operations againft the Scots began 
to languifh. Edward, bufied in preparing for war with France, 
could not beftow much attention on the affairs of Scotland. He 
publicly afferted his claim to the crown of France, and being 
engaged in that conteft, relaxed his military operations againft his 
weaker neighbours in Scotland. 

In 1338, Sir Andrew Moray of Bothwell, regent of Scotland, 
died. 

Robert the Stewart of Scotland, fucceeded him in the office of 

fole regent, and began his adminiftration by preparing for the fiege 

of Perth, which had been the head-quarters of the Englifh for 

many years, and might be termed the feat of government, as Baliol 

F 2 had 



ROBERT THE STEWART. 

' T had chofen It for the feat of his ufual refidence, and it was fup- 
— ' pofed to be of exceeding importance. 

In the beginning of 1339, the Stewart appeared before Perth 

with his army. Ughtred, the governor, made a gallant refiftance. 

The Scotch prepared to ftorm Perth ; Ughtred capitulated, and 

was conduced with his garrifon into England (17th Augufi; 1339)* 

i The Stewart's next enterprife that fame year was againft the 

Z37. caftle of Stirling, which furrendered upon conditions fimilar to thofe 

which had been granted to the governor of Perth. In the fiege of 

Stirling, Sir William Keith of Galfton loft his life. 

ic-s After diflodging the enemy from every poft to the north of the 

, 7,o5. Firth of Edinburgh, the Stewart undertook a progrefs through 

l^ Scotland, adminiftered juftice, redreffed grievances, and eftablifhed 

*^*" good order, 

J39. The fortreffes of Edinburgh, Roxburgh, Berwick, Jedburgh, and 
Lochmaben, with feveral lefs confiderable caftles in the fouth, ftili 
remained under the power of the Englifh, and the lands of 
Tiviotdale remained fubjcfl to them. But in the year 1341, (17th 
April,) the caftle of Edinburgh was furprifed, and the garrifon 
thereof was overpowered and expelled. 

In the year 1341, King David II. with his confort Johanna 
landed from France, (at Inverbarvy in Kincardinfhire, 4th May 1 341,) 
after having been an exile from his kingdom fince the year 1333. 

From the time that King David returned to Scotland in 1341, 
he alTumed the reins of government himfelf ; and as it is not here 
meant to give an hiftorical account of the events during the reigu 
of King David, but merely to take notice of feme of the principal 
events with which Robert the Stewart was connected during the ab- 
fence and minority of David the fovereign, fo it is unneceiTary to enter 
into any detail of the occurrences from 1341 to the time of King 
David's death in 1371, when the fucceflion to the crown opened 
to Robert the Stewart. 

It 



ROBERT THE STEWART. 

It will be fufiicient to mention that at the battle of Durham on 
the 17th of Odober 1346, the right wing or van of the Scottifh 1 
army was commanded by John Earl of Murray, the fecond fon of 
Randolph, and Douglas the knight of Liddefdale ; the centre by 
King David in perfon ; and the left by Robert the Stewart and the 
Earl of March. 

The Englifh began the attack on the right wing of the Scots, 
where their leaders the Earl of Murray was flain, and the knight of 
Liddefdale made prifoner. The Scots, bereaved of their leaders, 
gave way, and were totally routed on that fide. The Engllfli at- 
tacked the centre, where David commanded, not only in front, but 
alfo with their archers on the flank, now expofed by the defeat of 
the right wing. The conteft, even on terms lb unequal, wa? 
maintained for feveral hours ; the chief officers of the crown and 
jnui.y of the nobility fell at the fide of their fovereign. He, al- 
though vlaageroufly wounded, ftill encouraged his few furvlving 
Gompanions. and fought like the ion of Bruce ; at length he was 
overpowered and made prifoner- 

The Stewart and the Earl of March, who commanded the left 
wing, made their retreat good,, although not without lofs. 

Such was the difaftrous event of the battle of Durham, where the 
lofs of the vanquifhed was exceedingly great. 

The King of Scots, with his faithful and favourite fervant Malcolm 
Fleming, Earl of Wigton,. was conduded to a long and dreary cap- 
tivity in the Tower of London, 2d January 1346-7. 

The Englifh entered Scotland ; the forcrefl'es on the borders made 
no refiftance, and they became miaflers of the whole country on the 
borders from the Eaft to the Weft Sea, and advanced their forces to 
the neighbourhood of the Vale of Lothian. 

The Stewart was eleded to the office of regent under the title of 

*' Robertus S&nefcallus Scotits locum tenens fcrenijfiml Ptincipes David ^ 

3 " Da 



3S 



ROBERT THE STEWART, 



p A K T '' Dei Gratia Reges Scoti^e illujlrisr The author of the Annals 
,_ „ ■ "■ _f obferves, that " notwithftanding the national calamities, he fup- 
N°j2^- tt ported the caufe of his abfent fovereign, and maintained a fhew of 
Aminis, -n ^- jj p-overnment in Scotland." 

vol. II. [). xzr. D 

In 1355, Baliol, weary of being the nominal foverelga of a peo- 
ple among whom he had no authority, refolved to renounce Scot- 
land for ever. 

He furrendered to Edward III. all his private eftates in Scotland 
(at Rokefburgh, 20th January T-ZSS-^)- 

On the fame day he made an abfolute furrender to Edward III- 
of the kingdom and crown of Scotland, " by delivery of a portion 
" of the earth of Scotland, and alfo by the delivery of his golden 
" crown." Thefe were confidered as the proper feudal fymbols of 
poffeffion (given at Rokefburgh, 21ft January x^ySS'^)- 

During many fucceffive years Robert the Stewart exerted himfelf, 
and employed all his power and influence for recovering from 
captivity his fovereign David de Brus ; many treaties for that pur- 
pofe were entered upon, and at laft they were brought to a happy 
Treaty of conclufion in the year 1357. In that year a treaty was concluded 
oaobcrjo. ' between the two nations at Berwick, the 30th of October 1357, by 
which the King of Scots was releafcd, after a captivity of tleven 
years. The Scottifh nation agreed to pay one hundred thoufand 
marks fterling, as the ranfom of their fovereign, by yearly pay- 
ments of ten thoufand marks (on the 24th of June). Twenty 
young men of quality, and among them the eldeft fon of the 
Stewart, were to be given as hoftages ; and for further fecurity three 
of the following great lords were to place themfelves in the hands 
of the Englifh : the Stewart, the Earls of March, Marr, Rofs, 
Angus, and Sutherland ; Lord Douglas, and Thomas Moray of 
Bothwell. It was provided that a truce fhould continue between 
jthe two nations until complete payment of the ranfom. 

The 



RaSERT THE STEWART. ^g 

The King of Scots, the nobility, and the boroughs ratified this part 
treaty (5th of Odober), and the biihops ratified it on the following . -1 _, 
day (6th of Odtober). ^° ^" - 

David immediately after his releafe fummoned a parliament, laid F^'i- vol, vi, 
the treaty before the three eftates, obtained their approbation, and then 
ratified the treaty anew (at Scone, 6th of November). November 6. 

Upon the 22d of February 1370-1, King David II. died in the 
Gaftle of Edinburgh, in the forty-feventh year of his age, and the 
forty-fecond of his reign. Upon his death the fucceffion opened 
to Robert the Stewart of Scotland, who, by the fettlement made by 
Robert de Brus, and by I'epeated adls of the Scottifh parliament, 
had been declared the heir to the crown of Scotland, on the failure 
of the heirs male of the body of Robert de Brus. 

This title was recognifed in the mofl folemn manner at the time Coronation of 
of his coronation at Scone on the 26th of March 1371, when a ii.o°ntiiei6ih 
folemn aO. was pafled in prefence of the Prelates, Earls, Barons, and 1371."'' 
others, declaring in what manner the faid R obert had fucceeded and 
ought to fucceed to David King of Scotland, his uncle and prede- 
eeflbr, both by the proximity of blood, and by the declaration con- 
tained in a certain inftrument drawn up in the time of Robert King 
of Scotland, grandfather and predeceffor of the faid Robert, which 
inftrument was exhibited and read in the parliament then af- 
fembled. 

The slO: ftates that the ufual homage and oaths of fidelity had 
been received from the Prelates, Earls, Barons, and others of the 
clergy and people there prefentj and then it proceeds to declare, 
that in the event of the death of Robert, now become King of 
Scotland, his fa'Jl-born fan, Johfi^ Earl of Carrick and Stewart of 
Scotland^ Ihall be, and ought to be his true and lawful heir, and fhall 
fucceed to him in the kingdom of Scotland, and fhall fit and ought 
to fit upon the throne of that kingdom. The v.ords of the declara- 
tion made by King Robert upon this occafion, as ftated in the aft, are 



-^ ROBERT THE STEWART. 

■PART as follows : " Volens more et exemplo Celebris memorle ejufdem 
,_ '- . " boni Regis Roberd avi fui coram clerico et populo fucceflbrem et 
N° vii. <t verum heredem fuum declarare ibidem licet de ipfo clare conftitlt 
"' atque conftet ex habundanti et unanimi confenfu et aflenfu dic- 
" 'torum prelatorum, comitum procerum et magnatum indicavrt 
" afleruit et recognovit declaravit et voluit quod cum ipfum conti- 
" gerit pro difpofitione divina ab hac luce migrari Dominus 
*' Johannes, filius fuus primogenitas comes de Carrick et SenefcaUus 
" ScoticB erit et effe debit verus et legitimus heres fuus ac fibi poll 
" mortem fuam in regno Scotise, dno difponente fuccedet et fucce- 
" dere debet et poll eum fedebit et federe debeblt fuper folium 
" regni fui." 

To the declaration thus made by the fovereign concerning his 
eldeft fon and heir, each of the Prelates, Earls, Nobles, and others 
there prefent, feverally gave their alTent, and became bound that the 
faid John the eldeft fon of the King, if he furvived his father, ihould 
become King of Scotland, as the ti'ue and lawful heir of his father, 
and that they fhould maintain and defend him to the utmoft of their 
povsTcr iigainft all mortals *. 

* The ori'^inal indrument drawn cp on this occafion is ftill preferved in the records 
■oF Scotland at the Regifter-office in Edinburgh, with the feals of many of the Prelates, 
Nobles, and others thereto appended. The writing is ftill very legible, and in a very 
fair charader ; but left it ftiould fufFer from the injury of time, or other accidents, 
the prefent Lord Regifter of Scotland, Lord Frederic Campbell, has very lately been at 
,the expence of getting a very z\cgznifacftmile copy made and engraved of this curious 
.monument of antiquity. 



GENEALOGICAL HISTORY 

OF 

THE STEWARrS. 



INTRODUCTION to PART SECOND. 

IN Part Firft it has been fhewn, that Alexander the Stewart, who 
died in the year 1283, left two fons, James and John; and that 
James, the eldeft fon, fucceeded his father in the Stewartry of 
Scotland, and was fucceeded by his eldeft fon Walter, who married 
Marjory, daughter of King Robert Bruce; of which marriage 
there was only one child, Robert, who, on the death of his father 
Walter in 1326, fucceeded to the office and poffeflions of the High 
Stewart ; and afterwards, upon the death of King David Bruce, in 
March 1371, fucceeded to the crown of Scotland. 

The Genealogical Hiftory of the eldeft branch of the Stewart 
race, from the time that they became Kings of Scotland, is fo well 
known, that it would be fuperfluous to purfue it minutely in this 
Genealogical Hiftory; it fhall here only be briefly noticed, that 
Robert II. who fucceeded to the crown in 1371, died in 1390, and 
was fucceeded by his fon John Earl of Carrick, who having laid 
afide the name of John took that of Robert, and was afterwards 
known by the name of King Robert III. father of King James I. of 
Scotland, whofe male defcendants of the name of James enjoyed the 
crown of Scotland for four fucceflive generations ; but King James V. 
was the laft of the male defcendants from James the Stewart, eldeft 
fon of Ale.xander the Stewart above-mentioned. 

c Upon 



[ 42 ] 

Upon the death of King James V. in 1542, the crown of 
Scotland devolved upon his only child Mary Queen of Scots, then 
an infant but fix days old. In the year 1564, (he married her 
coufm Henry Stewart Lord Derneley, fon of Matthew Earl 
of Lennox ; of which marriage, King James VL of Scotland, 
and L of England, was the only child, and the heir of every thing 
that pertained to his father or to his mother : he, therefore, not only 
fucceeded to the crown of Scotland in right of his mother, but was 
in right of blood the complete reprefentative of the High Stewarts 
of Scotland in the male line of fucceffion: by his mother he was 
defcended from James the Stewart, (the eldeft fon of Alexander 
the High Stewart above-mentioned,) whofe male ifTue failed on the 
death of King James V.; and by his father Henry Lord Derneley, 
he was the lineal defcendant and heir male of the faid Alexander 
the High Stewart, as being defcended from Sir John Stewart of 
BonkyI, the fecond fon of the faid Alexander. 

The objed of the Genealogical Hiftory now to be given is, to 
trace through all the fucceflive generations the male defcendants 
from Sir John Stewart of BonkyI, the fecond fon of Alexander the 
High Stewart, for the purpofe of {hewing that this Sir John Stewart 
of BonkyI was the anceftor, not only of the Stewarts Earls of 
Angus, but alfo of the Stewarts of Derneley, Lennox, and Aubigtiy, 
and the paternal anceftor likewife of King James VL of Scotland 
and L of England, and of all the monarchs of the Stewart race 
who fucceeded him. 



[ 43 1 



PART SECOND. 

Beginning with Sir JOHN STEWART of Bonkyl, 
fecond Son of Alexander, and immediate younger 
Brother of James the High Stewart before-men- 
tioned; which Sir John Stewart, anceftor of the 
Stewarts of Angus Derneley and Lennox, was killed 
at the battle of Falkirk in 1298. This Part Second 
ending with Sir Alexander Stewart of Derneley, 
who died between the years 1400 and 1404. 



FIFTH GENERATION RESUMED. 

I. JAMES the High Stewart, eldeft Son of ALEXANDER. 

Concerning whom and his defcendants an account has already 
been given in Part First. 

s.Sir JOHN STEWART, fecond Son of ALEXANDER 

the Stewart. 

PROOFS concerning Sir JOHN STEWART, the fecond Son of 
ALEXANDER. 

TN Nifbet's Heraldry, vol. i. p. 49. there is the following para- part 

-*■ graph: " Sir John Stewart of Bonkyl, fecond fon to Alexander, ._ ^]'_ ^ 
■'' High Stewart of Scotland, born in the year 1246. He married ^'°^' 
■*' Margaret, daughter to Sir Alexander Bonkyl of that ilk. She bore 



44 



SIR JOHN STEWART OF BONKYL. 



PART "to him feveral fons, heads of great famiUes of the name of 

^ '-,__; " Stewart; which famiUes were known by the fefs cheque', bend, 

'^° ^' " and buckles; the figures which Sir John Stewart carried in right 
" of his wife, viz. or, a fefs cheque, azure and argent, furmounted 
** of a bend, gules, charged with three buckles of the firft for 
" Bonkyl." 

There are many documents wherein Sir John Stewart is de- 
fcribed as brother of James the Stewart of Scotland: amongft 
others, there is a charter of confirmation, dated " apud Nigram 
*' Aulam, anno 1294, die Dominica infra odavas Epiphaniae 
" Domini," by James the Stewart of Scotland, confirming certain 
privileges granted to the, Monaftery of Pafleth; to which charter 
one of the watnefies is *' Johannis Senefchalli Frater mens." 

This charter is in the Chartulary of Paifley, p. 147 — 151. 

In the year 1286, a contradt was entered into between the Earls 
of Gloucefter and Ulfter on the one part, and James the Stewart of 
Scotland and his brother John Stewart, and others, on the other 
part ; by which, they agreed to ftand by each other in all queftions 
and caufes, faving their allegiance refpedively to the Kings of 
England and of Scotland ; which agreement is dated at Turnberry 
in Carrick, 20th September 1286. This contradl is referred to, not 
only by Symfon, p. 78, and Duncan Stewart, p. 51, but by Dugdale 
in his Baronage, vol. i. p. 216, where he refers to the original 
contradt as in the pofleffion of Auguftine Stewart of Lackinketh in 
the county of Suffolk, in the year I5'75. 

In the Record kept at the Tower of London of thofe who fworc 
fealty to King Edward I. on the 15th of May 1296, the firfl 
- perfon mentioned on the roll, where there are about 16 or i7oo 
names, is yamcs Senefchal of Scotland, and next to him Jobti 
Stewart his brother, fo defcribed. The oaths taken by them on 
that ocealion, with the feals of James the Stewart and his brother 
4 • ' ■ Sir 



SIR JOHN STEWART OF BONKYL. 

Sir John appended to thefe oaths, are ftill extant and have been 
preferved entire in the Chapter-houfe at Weftminfter*. , 

The following article, relating to a grant made by Sir John 
Stewart to the Convent of Melros, is verbatim copied from a 
manufcrip; in the Britifla Mufeum, No. 4707, of Harleian Collec-, 
tlons, titled, " Mr. David Symfon, Hiftoriographer of Scotland, 
" his Adverfaria and CoUedion, in his own hand, of Matters re- 
" lating to that Kingdom." 

" 1296. On Chriftmas-day, at Blackball, before thefe witnefles, 
" James Senefcal, of Scotland, brother to the Granter^ Walter 
" Lindefav, Reginald Crofbi, William Abyrnythyn, and James 
" Lindefay, Knights ; Walter and Bernard, Abbots of Pafefley and 
*' Kilwenyn, and others, John Senefcal brother to James Senefcal 
" of Scotland^ for the health of his own foul and all his an- 
*' ceftors and fucceffors, and for the health of Margaret his tvfe 
** and his children, gives to Melroes and to the proper canons of 
*' St. Waleve Abbot, ' ad inveniendum unum cereum ad cenobum 
*' ipfius San£ti,' two pound of wax at the fairs of Roxburgh, to 
" the honor of the faid Saint, to be paid yearly, or the price 
" thereof at the faid term, out of his lands by him and his heirs." 

It is material to obferve, that from the above charter it is 
proved that Sir John Stewart, at the date of it in 1296, had 
children, and that the name of his wife was Margaret ; which 
in fo far agrees with the account given by the hlitorians, who 
fay that he married Margaret, daughter and heireis of Sir 
Alexander Bonkyl, and who fay that he had by her feveral 
children. 

Sir David Dalrymple, in his Annals, vol. i. p. 256, has the fol- 
lowing paragraph relating to the events of ihe year 1298: " Mean- 

* Of thefe orrginal feals of James the Stewart and cf Ivs brother Sir John, a fac 
ftm'ile copy has been taken ar..' engraved, as will be i'ound in the Genealogical 
Table of the Stewarts relative to this Hiftory. 

" while 



SIR JOHN STEWART OF BONKYL. 

" while the Scots were aflembling all their ftrength in the interior 
, " part of the country. Few barons of eminence repaired to the 
*' national ftandard. They whofe names are recorded were John 
" Comyn of Badenoch the younger; Sir John Stewart of Bonkyl^ 
" Ir other to the Stewart) Sir John Graham of Abercorn; and 
" Macduff, the grand-uncle of the young Earl of Fyfe." 

When Sir David Dalrymple thus pofitively defcribed Sir John 
Stewart of Bonkyl as the brother of the Stewart^ and mentions his 
name as recorded, no perfon acquainted with Sir David's accuracy 
could entertain a doubt but that he had feen fufficient evidence 
and authority for thus defcribing him. 

In p. 260 of the fame Annals, Sir David gives an account of the 
battle of Falkirk, fought on the 2 2d July 1298, where he mentions 
that Sir John Stewart, while giving orders to his archers, was 
thrown from his horfe, and flain; that his archers crouded round 
his body and perifhed with him. Sir David here refers to Hem- 
mingford's account, which is in thefe words: " Inter quos frater 
" Senefcalli Scotias, cum ordinaflet viros fagittarios de forefta de 
" Selkyrke, cafu ex equo cecidit, et inter eofdem fagittarios 
" occifus eft. Circumfteterunt enim eum iidem fagittarii et cum eo 
*' corruerunt, homines quidem elegantis formse et procers ftaturse." 
T. i. p. 165.* 

The 

* Having ftated fo many refpedable authorities for what relates to Sir John 
Stewart of Bonkyl, and for his being the fame perfon with Sir John Stewart, the 
brother of James the Stewart of Scotland, ft may be thought fuperfluous to give any 
additional proofs on that fubjed : but the Author, while engaged in this work, had 
occafion to know that doubts were in fome quarters entertained as to Sir John 
Stewart, the brother of James the Stewart, his having married the heirefs of Bonkyl, 
or his having been at any time defcribed as Sir John Stewart of Bonkyl. Thofe who 
doubted of, or difbelieved the accounts given by Symfon, Crawford, Nefbit, Duncan 
Stewart, and Sir David Dalrymple, concerning Sir John Stewart of Bonkyl and his 
family, maintained that no contemporary author had ever mentioned a Sir John 
.Stewart of Bonkyl, and that there was no evidence of an ancient date mentioning that 
.Sir John Stewart, the brother of the Stewart of Scotland, had ever married the heirefs 



SIR JOHN STEWART OF BONKYL. .-, 

The only daughter of the marriage between Sir John Stewart part 
and the heirefs of Bonkyl was Ifabel, who married the celebrated . _"'■ _j 

Thomas ^° ^'' 



of Bonkyl, or that there were fons of that marriage. The concurring teftimony of the 
various authors who had agreed with regard to the fads concerning Sir John Stewart 
of Bonkyl and his family, had faiisfied me that the fa6l was as ftated by them ; how- 
ever, I thought it incumbent on me to perfift in making every pradticable fearch and 
inquiry that might lead to additional proofs, fuch as might remove every pofTible 
doubt in any quarter. Accordingly, in the courfe of thefe continued vefearches, 1 
have very lately been condufted to a very unexpeded and decifive piece of evidence 
with regard to the points on which the doubts had been entertained. It is as follows : 
In the year 1305, on the de;ith of Sir Robert de Depyng, the reaor of the parifh 
of Ulndale in the county of Cumberliind, Sir David de Brigham, Knight, prefented 
Hugh de Rouceftre, clerk, to the redory of Ulndale; while at the fame time Thomas 
dc Lucy prefented to that reftory Sir David de Cringledike, chaplain; whereby 
the church became litigious, which gave rife to an inquifition being taken thereupon 
by the clergy of the deanry of Allerdale at Wigton, at the chapter held there on 
the 20th July }2°S- Upon which inquifition the return made by the jury was as 
follows : ♦• The jurors fay, that the faid church is void, and hath been void from the 
«' feaft of St. Dunitan lalt paft by the death of Sir Robert de Depyng late redor of 
" the faid church; and they fay, that Sir Alexander de Bonkyl laft prefented the faid 
" Robert to the faid church. That it is worth comtminibus antiis j 81. a-year. Alfo 
•« they fay, that the faid Sir Alexander had a daughter, Margaret, luho is now lately 
" dead, and that in her father's lifetime pe -was married to Sir John, brother of the 
" Stewart of Scotland, to whom fhe had children (as is faid); and fo it feemeth ta them, 
" that the eldefl fan of the faid John and Margaret ought of right to be the true patron 
" thereof: but that the church is litigious ; for that Sir Thomas de Lucy has prefented 
" Sir David a chaplain, a man fufEciently known, honeft, and of good behaviour to 
« the faid church, which prcfentee aflerts tlie right of prefentation for that time to 
« belong to the fnid Thomas, becaufe the manor of Ulndale is in his hand by reafon 
" of the death of the faid Margaret, daughter and heir of the faid Alexander, who 
« held the faid manor with the appurtenances of the faid Thomas de Lucy by the 
« fervice of corn.:ge, which yields wardfhips and relief; and that Sir David de 
" Brighyn, who no'.v prefents the faid Hugh to the faid church, was never married to 
" the faid Margaret in face of the church. The faid Hugh in like manner pro- 
<■<■ pounds, that the faid Sir D.ivid de Brighyn is patron, and ought to prefent to the 
" fame by the law and cuftom of England ; for that he did marry the faid Margaret, and 
" during the marriage had children by her ; in evidence whereof he produced certala 
« letters and tranfcripts of the Bifhops of St. Andrew, Dunkeld, and Brechyn, and 
•* a tranfcript of the Bull of the late Pope Benedia of blefled memory, under the 

" feals 



,g SIR JOHN STEWART OF BONKYL. 

p A R T Thomas Randolph Earl of Moray, nephew of King Robert de 
^_ _"l _j Br us; and with that Lady he got from Sir John Stewart the lands 

Ncv. of 



«« feals of the Archdeacon of St. Andrews and the Official of Brechyn ; by which 
" it appears, that, notwithftanding the affinity and confanguinity between the faid 
" Sir David and Margaret, the faid Pope Benedia difpenfed, that they might marry. 
» Of the condition of the faid Hugh, as to his birth, they know nothing ; and that 
" he is an Acolyte, and otherwife of good behaviour, as they believe. Other things 
" touching the faid inquifition they leave to your fatherly goodnefs." 

The above particulars are taken verbatim from the Hiftory of the Counties of 
Weflmoreland and Cumberland, by Jofeph Nicholfon, Efq. and Richard Burn, LL.D. 
vol. ii. p. 31, 32. That Hiftory of Cumberland was indicated to me by Mr. Pinker- 
ton the hlftorian, who, in the courfe of his extenfive reading, had noticed the above 
article relating to Sir John Stewart ; and as he had fome time ago learned from me 
that there were perfons who doubted of Sir John Stewart of Bonkyl being the brother 
of James the Stewart, he, Mr. Pinkerton, very obligingly communicated the above 
paflage in that hiftory, which affiards fuch decifive evidence upon the contefted points. 
It muft be admitted, that an inquifition taken in the year 1305, affiDrds what may be 
called contemporary and unexceptionable evidence of what related to Sir John Stewart, 
who died in the year 1298; and of what related to his wife Margaret, heirefs of 
Bonkyl, who furvived him, and died only very recently before the date of the inquifi- 
tion. And as the return made by the jurors was, that Margaret the heirefs of Bonkyl 
had, during her father's lifetime, married Sir John, the brother of the Stewart of Scot' 
land, to whom fhe had children ; it is fcarcely poffible that any doubts can now be en- 
tertained as to thefe fafts, though the knowledge of them has been incidentally ac- 
quired by an inquifition, whereof the principal obje£t was to afcertain the right to 
the prefentation of the redory of Ulndale, which had once belonged to Sir Ak^xander 
de Bonkyl, and thereafter to his daughter and heirefs Margaret, who it appears was 
firft married to Sir John Stewart, the brother of the Stewart of Scotland, and after- 
wards to Sir David de Brigham, and had children by both marriages. 

A fearch among the records in the Tower of London has afforded additiona. 
evidence in confirmation of the fame fa£l:s, viz. . 

I. An inquifition taken at Carlifle on Wednefday next after the feaft of St. Mark 
the Evangelift, in the twenty-eighth year of King Edward I. (which was the year 1 300) 
by a jury who upon their oaths declare, that the deceafed Sir Alexander de Bonkyl 
held at the time of his death the manor of Ulnedale with the pertinents of Thomas de 
Lucy, by homage and fervice -, and that the advowfon of the church of Ulnedale per- 
tained to the faid manor of Ulnedale, and that the faid manor was taken into the hands 
of -our fovereign lord the King by the efcheator of his Majefty in the county of Cum- 
berland, on account of a certaiti Margaret, daughter and heir of the faid Sir Alexander, 

becaufe 



SIR JOHN STEWART OF BONKYL. 49 

of Garlics, which were afterwards given by John, the fon and par t 
heir of Thomas Earl of Moray, to Sir Walter Stewart of Dalfwln- , ,J-__j 



becaufe that flie refided in Scotland with the enemies of our fovereign lord, who arc 
againfl the King's peace. 

2. Another inquifition taken at Ulndale in the eighth of Edward II. (wliich was 
the year 131J,) by a jury who upon their folemn oaths declare, tlut ^kxa/nJer If 
Sensfchall was feifed as of fee of a certain manor of Ulndale, upon the day on which 
he departed from the fealty due from him to our fovereign lord the King. 

The brieves iflued by Edward I. and Edward IT. upon which the two inquifitions 
abovementioned proceeded, are ftill extant in the Tower of London, and attached to 
the inquifitions ; they were direded to the efcheator for the King beyond the Trent, 
and ordered him to afcertain by a jury the fafts relating to Sir Alexander de Bonkyl 
and to Sir Alexander Stewart, concerning their intereft in the manor of Ulndale, and 
to fet forth in what manner and for what caufes thefe lands had been feifed and taken 
into his Majefty's hands. 

3. A grant by Edward II. in the twelfth year of his reign, (13 19,) by which he 
gave to Bartholomew de Badlefmere in fee, the manor of Ulndale, with the pertinents, 
which belonged to the deceafed Alexander Stewart, a Scotfman, enemy and rebel to 
the King of England ; and the grant recites that, on account of his enmity and rebellion 
aforefaid, the faid manor of Ulndale had become efcheated to his Majefty. 

4. There is in the Rotuli Scotia in the Tower, a charter by Edward III. in the 
fourteenth year of his reign, (1341,) which recites and confirms a charter which had 
been granted by Edward Baliol while King of Scotland, on the 28th of Odlober in 

'the firft year of his reign, (1332,) by which he granted to Thomas Ughtred, ICnight, 
the manor of Bonkhill, together with all lands and tenements which had bslonged to 
John Stewart, Knight, and which had come into the King's hands by the forfeiture of 
the faid Sir John Stewart. 

The above papers from the Tower prove and eftablifh the following fa£ls : i. That 
Sir Alexander de Bonkyl, the father of Margaret the wife of John Stewart, died in 
or about the year 1300, and probably but a little before the date of the inquifition in 
that year ; alfo that he died poflefled of the manor of Ulndale and the advowfon 
of the church of Ulndale in Cumberland ; and that they had been feifed into the 
hands of the King becaufe Margaret the daughter and heir of the faid Alexander re- 
fided in Scotland with the enemies of the King. This, therefore, proves that Margaret 
was the daughter and heir of Alexander de Bonkyl, and as fuch was entitled to the 
manor of Ulndale, &c. of courfe flie mufl equally have been entitled to the lands 
©f Bonkyl in Scotland upon her father's death. 

H The 



JO SIR JOHN STEWART OF BONKYL. 

PART ton, his uncle, as appears by an original charter in tlie pofleffion of 
%_„-/- .^j the Earl of Gallov/ay. . . ' • 

N» V. . Though 

The other inquifition taken in the time of Edward II. in the year 13 15, flievvs that 
Alexander Stewart was, upon the day when he withdrew his allegiance from King 
Edward, feifed as of fee in the faid manor of Ulndale, and in feveral other lands in 
Cumberland therein mentioned ; though it does not appear in what manner thefe 
lands had reverted to the family after they had been efcheated to the crown during the 
life of his mother Margaret, as mentioned in the preceding inquifition. 

The grant by Edward II. in the year 1319, to Bartholomew Badlefmere, of the 
manor and advowfon of Ulndale, (hews that Alexander Stewart was then dead, and 
that by his rebellion the faid lands became again forfeited to the King, who, in confe- 



quence, gave 



them to Bartholomew Bad'efmere. 



The circumftance of the lands of Ulndale in Cumberland having been enjoyed firfl 
by Sir Alexander de Bonkyl, then by his daughter and heirefs Margaret, and then by 
Alexander Stewart, would of itfelf be fufficient to prove that there had been iflue 
of the marriage between Sir John Stewart and Margaret the heirefs of Bonkyl, and 
that Alexander Stewart had fucceeded to thefe lands as the eldeft fon of that marriage. 
By the fame rule he muft have fucceeded to the lands of Bonkyl in Scotland ; but as 
the Scotch records of inquifition of that period have not been preferved, it is not 
known in what manner he made up his titles to the lands of Bonkyl, though it does ap- 
pear from Barbour and other authorities, that he was known and defcribed by the 
title of Sir Alexander Stewart of Bonkyl. 

It appears from the preceding documents, that Sir John Stewart, the brother of 
the Stewart of Scotland, had married Margaret the daughter and heir of Sir Alexander 
de Bonkyl, during her father's life ; and as he Sir John Stewart was killed at Fal- 
, kirk in 1298, while his furviving father-in-law Sir Alexander de Bonkyl lived till the 
year 1300, and his wife Margaret lived till about the year 1305, it is highly probable 
that the eftate of Bonkyl never adually belonged to Sir John Stewart the hufband of 
Margaret. It may therefore be very true that Sir John Stewart never was in his own 
lifetime defigned Sir John Stewart of Bonkyl, either in any legal inftrument, or de- 
fcribed as fuch by any contemporary author : but as the marriage of Sir John Stewart 
with the heirefs of Bonkyl had brought that eftate of Bonkyl to his family, and was 
long enjoyed by his defcendants during many generations ; it was very natural that 
thofe hlftorians or genealogifts who wrote fubfequent to the death of Sir John 
Stewart, fliould, by way of diftinguifhing him from other perfons of the name of 
Stewart, have defcribed him as Sir John Stewart of Bonkyl. 

The queftion is not whether Sir John Stewart, the brother of the Stewart of Scot- 
land, ever was the legal or adual proprietor of the eftate of Bonkyl j but whether that 
6 Sir 



SIR JOHN STEWART OF BONKYL. 

Though authors [are in general agreed that there were many fons 
of the marriage between Sir John Stewart of Bonkyl and his wife ^ 
Margaret, yet they are not agreed as to the precife number of thofe 
fons. 

Symfon, in his Hiflory of the Stewarts pubUflied in the year 
1 712, p. 64, gives the following account of the fons of Sir John 
Stewart of Bonkyl : 

" ift fon. Sir Alexander Stewart of Bonkyl, father to John Earl 

" of Angus, of the race of Stewart. 
*' 2d fon, Sir Alan Stewart, of whom the Lords of Derneley^ 

" Earls and Dukes of Lennox^ and their feveral cadets. 

" 3d fon. Sir Walter Stewart, to whom King Robert Bruce gave 

" a charter of the barony of Dalfwinton, as did John Ra- 

" nulph Earl of Moray give another of the barony of 

" Garlies; from whom the Earl of Galloway by an heirefs. 

" 4th fon. Sir James Stewart, anceflor to Innermeath and Craig- 

" hall ; and from Innermeath, Lorn, Durifdeer or Roflyth; 

" from Lorn or Innermeath, the Earls of AthoU and 

*' Buchan, the Stewarts of Gairntully, &c. Kinnaird and 

" Alpin, and Innerduning. From the Earl of Buchan is the 

" Earl of Traquair, &c. 

« 5th fon. Sir John Stewart, of whofe iffue I have difcovered 

" nothing from charters. 
" 6th and 7th fons, Sir Hugh and Sir Robert, mentioned by 
" Hollinfhed in his Chronicle of Ireland, anno 1318, whofe 
" exiftence I am not to defend." 



Sir John Stewart did marry the heirefs of Bonkyl, and by tliat marriage acquired to 
Lis family the eftate of Bonkyl, fo as to juftify the defcription of Sir John S/eivart 
of Bonkyl given to him by various hiftorians and genealogifts. Upon thefc points 
it is apprehended that no doubt can now remain in any quarter. 

H 2 Duncan 




SIR JOHN STEWART OF BONKYL. 

Duncan Stewart, in his Hiftory of the Stewarts publifhed in 
1739, p. 149, fays, that Sir John Stewart of Bonkyl, brother of 
James the High Stewart, had by his wife Margaret, feven fons and 
a daughter, viz. 

" I. Sir Alexander of Bonkyl, of whom Angus. 

" 2. Sir Alan of Dreghorn, of whom Lennox. 

" 3. Sir Walter of Dalfwinton, of whom Galloway. 

*' 4. Sir James of Prefton and Warwickhill, of whom Lornc. 

" c. Sir John, killed with his two brothers, Alan and James, 
" at Halidonhill in 1333, and fuppofed to be predeceflbr to 
" Caftelmilk. 

" 6. Hugh; and 7, Robert." 

Duncan Stewart here adds : " It is not difcovered who are come 
" of the two laft brothers, or if there are any come of them, 
*' unlefs it be allowed that AUantoun is come of one of them; for 
" by their own traditional account, their predeceflbr was an imme- 
" diate younger brother of Caftelmilk. 

" Ifabel, daughter to Sir John Stewart, married Thomas Ran- 
" dulph Earl of Moray, to whom fhe brought the barony of Garlies. 
" Thefe families above carried the arms of Bonkyl, as defcended of 
" Sir John Stewart." 

Having given this general view of the feveral fons of Sir John 
Stewart of Bonkyl, with an indication of the families derived from 
them; the fubfequent Parts of this Genealogical Hiftory will relate 
only to the two eldeft fons of Sir John Stewart of Bonkyl, to wit^ 
Sir Alexander Stewart of Bonkyl, and Sir Alan Stewart of Dreg- 
horn, and the male defcendants from thefe two eldeft fons ; as that 
will be fufficient for tracing completely the Genealogical Hiftory of 
the Stewarts Earls of Aligns^ and of the Stewarts of Derneley, 
Lamox^ and Anbigny ; and thereby afcertaining the neareft heir male 

of 



SIR JOHN STEWART OF BONKYL. 53 

of thefe families, and at the fame time the neareft heir male of the part 

' II. 

High Stewarts of Scotland. L— — s. — -J 

The male defcendants from Sir Alexander, the eldeft fon of Sir 

John Stewart of Bonkyl, failed in the year 1377 ; but as there were 

feveral generations of them before that failure, it is thought proper 

h^re to Hate thefe feveral generations, and the proofs of them. 

NO I. Of the STEWARTS Earls of ANGUS. 

Concerning Sir Alexander Stewart of Bonkyl, eldeft 
Son of Sir John, and the Male Defcendants from him. 

THIS Sir Alexander is mentioned in Rymer's Fcedera, and in 
feveral tranfa£tions of thofe times. 

Sir James Dalrymple, in his Colledions, p. 394, fays, " That 
*' in the time of King Robert Bruce the lands of Carnwath were in 
** pofTeffion of the Bairds, who were forfeited for their adherence to 
" Baliol, and thefe lands were granted by that King to Sir Alex- 
" ander Stewart, probably the perfon afterwards created Earl of 
*' Angus." 

John Barbour's Life of King Robert Bruce was written about 
the year 1370, which was fo near to the time of the events 
related by him, that on that account, as well as on account of 
the charadter of the author, great reliance is generally placed, 
upon the fads contained in his Hiftory. 

This author, Barbour, tells us, that Sir Alexander Stewart of Amals.voi.ii. 
Bonkyl and Sir Thomas Randall were taken prifoners by James Kaibour, i^jy 
Lord of Douglas in an adventure therein mentioned, which is af- 
certained to have been in the year 1308; at the fame time he takes 
occafion to mention, that this Sir Alexander Stewart was fon to 
the uncle of the faid James Lord of Douglas, which fhews that 
he was fon to Sir John Stewart of Bonkyl, the brother of James 



SIR JOHN STEWART OF BONKYL, 

the Stewart of Scotland; for Sir John was uncle to James Lord 
of Douglas, whofe father William Lord of Douglas, furnamed the 
Hardy, married Elizabeth Stewart fifter of James the High Stewart 
and of Sir John Stewart of Bonkyl, as mentioned in the preceding 
Part Firft*. 

Sir Alexander Stewart of Bonkyl is fuppofed to have been created 
Earl of Angus by King Robert de Brus about the year 1327; for in 
that year he is mentioned by John Barbour as Earl of Angus, 
p. 42 1 of the black letter edition. 

The author of the Hiftorical Remarks on Prynne's Hiftory, p. 2 
of thefe Remarks, which are fubjoined to Nifbet's Heraldry, fays, 
that Sir Alexander Stewart defigned of Bonkyl was in the year 1327, 
upon the forfeiture of the Englifh family of the Umphravilles, 
created Earl of Angus f. 

This 

* In Barbour's Hiftory, pp.' 192, 193, of the black letter edition, this adventure 
is thus related : 

" For of Bonkyl the Lord there was 
*' Alexander Stewart hight he, 
♦' With other twa of great bountie, 
*« Thomas Randall of great renowne, 
" And Adam alfo of Gordoun." 

" That night the good Lord of Douglas 
<' To Sir Alexander made, that was 
" His e/me's (a) fofi right gladfome chear, 
" So did he alfo withouten weir 
" To Thomas Randall for that he 
'• Was to the King in near degree 
" Of blood, for him his filler bare, 
•' And on the morn forouthen mare 
" Toward the noble King he rade 
" And with him both thefe twa he had." 

•j- The authorities above cited inclined me for fome time to the opinion of thofe v/l\o 
STiaintained that the firft perfon of the Stewart line created Earl of Angus was this Sir 
Alexander Stewart, and that he had been fo created about the year 1327 : but the 

recent 

(a) Efme fignifies Uncle in the old ScottJih language. 



AND HIS DESCENDANTS EARLS OF ANGUS. ^^ 

This Sir Alexander Stewart left two children, a fon and a daughter, part 
The fon was Sir John Stewart of Bonkyl (who according to fome '_ -.- _j 
authors was the firfl Earl of Angus of the Stewart line). The 
daughter was Ifabel, married firfl to Donald Earl of Marr; and 
2d\y, file married John Randall (or Randolph) Earl of Moray, 
fecond fon of Thomas Randolph Earl of Moray, and who upon 
the death of his eldeft brother Thomas, killed at the battle of 
Dupplin Moor, 1332, fucceeded to the Earldom of Moray. 

The precife time of the death of Sir Alexander Stewart of 
Bonkyl is not known; but it muft have been before the year 1329, 
for in that year his fon John is defcribed Earl of Angus and Lord 
of Bonkyl in a charter granted by him to Gilbert Lumfden of 
the Lands of Blanerne, dated 15th June 1329. ' n 



recent difcovery in the records in the Tower of London of the grant beforementioned by 
Edward II. in the twelfth year of his reign, 1319, by which he gave to Bartholomew de 
Badlefmere in fee the manor of Ulndale, with the pertinents, which are there flated to 
hav; belonged to /Z'^^i^mz/?^ Alexander Stewart, a Scotfman, enemy and rebel to the King, 
and to have been efcheated to his Majefty on account of his enmity and rebellion> 
feems to prove that Alexander Stewart had died before the date of that grant in 1319. 
If this fait had been afcertained by a jury on an inquifition p^ mortetn, complete 
credit would have been due to it ; but the recital in a grant by King Edward in favour 
of the perfon on whom he was beftowing the eftate of Sir Alexander Stewart, is not, 
perhaps, entitled to the fame degree of credit. It is, however, of little confequence 
whether the firfl created Earl of Angus of the Stewart line, was Sir Alexander Stewart, 
or his fon Sir John Stewart, as fome authors have alleged : but it has been thought 
proper here to ftate the evidence for and againft the creation of the Earldom of Angus 
in favour of Sir Alexander. 



N'lL 




£lanerne. 



SIR JOHN STEWART OF BONKYL,' 

NO II. Of the STEWARTS Earls of ANGUS. 

Sir John Stewart, Earl of Angus and Lord of Bonkyl, 
only Son of Sir Alexander, fucceeded to his Father before 
the year 1329. 

tnthepoffef- CHARTER of the lands of Blanerne in the fhire of Berwick 
Lumfdenof in favor of Gilbert Lumfden, dated 15th June 1329, wherein this 
John Stewart was defigned Earl of Angus, Lord of Bonkyl, by 
which the Earl is bound to infeft the faid Gilbert Lumfden in cer- 
tain parts of the lands of Blanerne, wherein he had not formerly 
been infeft 

This John Earl of Angus married Margaret, daughter of 
Alexander of Abernethy, Knight, as appears from a difpenfation 
granted by Pope John XXH. dated in the month of November in 
the 13th year of his Pontificate, which was the year 1329, by 
which he gave permiffion to John Stevyard^ Lord of Bonkyl^ to marry 
Margaret, daughter of Alexander of Abernethey, Knight, {Mlles^ 
notwithftanding they were related in the fourth degree of con- 
fanguinity *= 

He died in the year 1331, on the 5th of the Ides of December. 
Fordun, lib. xiii. p. 303. 

* Symfon, in his Genealogical Hiftory of the Stewarts, p. 66, and Duncan 
Stewart, in his Hiftory, p. 150, mention a charter dated in the year 1330, granted 
by Thomas Randulph Earl of Moray in favor of John Stewart Earl of Angus, 
of the reverfion of the barony of Morthington and Longformacus ; in which 
charter, John the Earl of Angus is defcribed nephew to Thomas Randulph 
Earl of Moray the granter of the charter, who had married Ifabel the daughter of 
Sir John Stewart of Bonkyl. This charter would therefore of itfelf be fufficient to 
prove, that Sir Alexander Stewart the father of John Stewart, Earl of Angus, was 
fon of Sir John Stewart of Bonkyl ; but neither Symfon nor Duncan Stewart have 
mentioned where that charter is to be found. 

N" in. 



AND HIS DESCENDANTS EARLS OF ANGUS. 



NO III. Of the STEWARTS Earls of ANGUS. < 

Thomas Stewart, Earl of Angus, Son of the faid John 
Earl of Angus, fucceeded to his Father in the year 1331, 
and married Margaret Saint Clare, daughter of Sir 
William Saint Clare, of Rofslyn. 

THIS marriage, and the time of it, appear from a dlfpenfation 
found in the Vatican at Rome, dated in the year 1 353; by which 
Pope Innocent VI. in the firft year of his Pontificate (1353) allowed 
them to marry, notwithftanding their being related in the fourth 
degree of confanguinity. The difpenfation further mentions, that 
the Pope had been humbly fupplioated for that purpofe by John 
King of France, who declared himfelf the faithful friend of the 
faid Thomas Earl of Angus, " Ipfum Thomam fuura fidelem 
" amicum aflerentis*." 

In amanufcript coHedion of charters, called " Macfarlane's Manu- 
" fcript,'' which is kept in the Advocates' Library at Edinburgh, 
p. 209, there is a charter by Thomas Stewart Earl of Angus and Lord 
of Bonkyl, to which charter John Stewart Lord of Crookifton is one 
of the witneffes, and he is there defcribed as coufin of Thomas 
Stewart Earl of Angus, the granter of the charter. This is agreeable 
to and confirms the generally received hiftory of the defcendants from 
Sir John Stewart of Bonkyl ; for John Stewart Lord of Crookifton 
(of whom in the fequel) was eldeft fon and heir of Sir Alan Stewart, 
who was the fecond fon of Sir John Stewart of Bonkyl, and the 

* This difpenfation, and 4>e other difpenfation before- mentioned for the marriage 
of his father John Stewart, Lord of Bonkyl, were found by the Author in the Vatican at 
Rome in the year 1789; and he has in his poflefBon authenticated copies of both 
of them, which were delivered to him by Monf. de Marigni, the keeper of the Archives 
in the Vatican. 

I immediate 



57 



58 



STR JOHN STEWART OF BONKYL. 

Immediate younger brother of Sir Alexander Stewart of Bonkyl, 
J grandfather of Thomas Stewart Earl of Angus ; confequently John 
Stewart Lord of Crookifton, the fon of Sir Alan, was coufm of 
Thomas Stewart Earl of Angus *. 

This Thomas, Earl of Angus, died of the plague while a J)rifoner 
in the caftle of Dumbarton in the year 1361. 

He left iffue one fon, Thomas, who fucceeded him, and two 
daughters, to wit : 

Margaret, who married fir ft, Thomas Earl of Marr, without iffue ^ 
and fecondly, William Earl of Douglas, to whom fhe was fecond 
wife, and by whom flie had George Douglas, who, In right of his 
mother, became afterwards Earl of Angus. 

Elizabeth, the fecond daughter, married Sir Alexander Hamilton 
of Innerweek, and left Iffue. 

NO IV. Of the STEWARTS Earls gf \NG\JS. 

Thomas, laft Earl of Angus of the Stewart line, Son of the 
preceding Thomas, fucceeded to his Father In the year 
1 361, and married Margaret Daughter and Coheir of 
Donald Earl of Marr, but died in the year 1377 without 
iffue. 

THE proof of this Thomas Earl of Angus having died without 
iffue Is, that the eftate and honors of Angus went upon his death 
to. his fifter Margaret Countefs of Marr and her fon George Douglas, 
of which there are many written documents in the poffeffion of 

the 

* The charter referred to is a charter by Thomas Stewart Earl of Angus, to Sir 
Robert de Erfkyne, milite, of the lands of Adamtoun, within the barony of Kyle 
Stewart, to which the witneffes are, the Bifliops of St. Andrews and Glafgow, Domino 
Noftro Domino Roberto Senefcallo Scotioe, Willielmo de Douglas Domino ejufJem, 
Domino Johanne SeDefcnlli Domhio de Cnk^oii, cotifangu'meo nojiro, Willielmo de Con- 
ynghame, Johanne de Douglas, Johanne de Lindefay, Domino de Thoryftoun, et Adam 

de 



AND HIS DESCENDANTS EARLS OF ANGUS. 



59 



the Douglas family, and in the public records ; particularly there ^ ^^ "^ 
is a charter by King Robert 11. dated in the year 1389, in favour of »— — v — -»J 
George de Douglas, fon of Margaret Countefs of Marr and of 
Angus, fifter of the lafi: Thomas Earl of Angus, by which charter the 
Earldom of Angus, with the Lordfhips of Abernethy in the fhire of 
Perth, and of Bonkill in the fhire of Berwick, were, upon the re- 
fignation of the faid Margaret, granted to the faid George de Douglas 
and the heirs lawfully to be procreate of his body, whom failing, to 
Sir Alexander de Hamilton and Elizabeth his wife, fifter of the faid 
Margaret, and the heirs procreate or to be procreate between them. 

Hence it appears that thefe lands of Bonkill, compofing part of 
the Earldom of Angus, had been uniformly enjoyed by the male 
line of the Stewarts Earls of Angus, down to the year 1377, ^"<^ that 
they were transferred to the Douglas family by the marriage of Mar- 
garet, fifter and heir of Thomas Stewart the laft Earl of Angus, 
Thefe lands of Bonkill have continued in the pofieffion of the 
Douglas family from the year 1389 even to the prefent times. 

Thus the male line from Sir Alexander Stewart of Bonkyl, the 
eldeft fon of Sir John Stewart of Bonkyl, failed in the year 1377. 

"We, therefore, now return to Sir Alan Stewart of Dreghorn^ 
the fecond fon of Sir John Stewart of Bonkyl ; which Alan belono-s 
to the Sixth Generation of the defcendants from Walter the firfl: 
Stewart before-mentioned. 

de Foulerton, Militibus, Willielmo Symple, Normanno de Lefley, Reginalde de Craw- 
furde, et multis aliis. 

This charter has no precife date, but there is a confirmation of it by King David II. 
dated at Scone the laft day of February, in the twenty-third year of his reign, which 
if the commencement of it is to be reckoned from the death of his father Robert Bruce, 
who died on the 7th of June 1329, was the year 1352. 

The charter by Thomas Stewart Earl of Angus, and the charter of confirmation 
thereof by King David, are both to be found in Macfarlane's Colledions in the Advo-- 
cates' Library at Edinburgh. I. 5. 4. 29, p. 245^ 

* I 2 



[ 6o ] 



SIXTH GENERATION RESUMED. 

Sir ALAN STEWART, fecond Son of Sir JOHN 
STEWART of Bonkyl. 

Born towards the end of the Thirteenth Century ; ferved in the 
wars of King Robert Bruce, to whofe interefts he was 
much and uniformly attached; received from King Robert 
a grant of the lands of Dregern, or Dreghorn, in the fhire of 
Air, and from Robert the Stewart of Scotland a permiffion 
to purchafe the lands of Cruickisfee, or Cruickifton, in Ren- 
frewfhire, held of the Stewart, being the firft pofleffion ac- 
quired by the Stewarts of Derneley in that county. 

PROOFS concernwg Sir ALAN STEWART. 

IN the expedition to Ireland in the year 13 15, Alan Stewart, 
having accompanied Edward Bruce the brother of King Robert, 
and Thomas Randolph Earl of Moray, who was brother-in-law to 
Alan Stewart, had his fhare in the military exploits of that kingdom. 
He is particularly mentioned in John Barbour's Hiftory of the Irifh 
Expedition, p. 300, in the chapter intitled " Earl Thomas (Ran- 
" dolph) his Enterprize againft the Vidluallers from Conyers," in 
the following lines: 

" And when Earl Thomas perceiving 

" Had of their coming and ganging, 

" He got him a great company 

" Three hundred horfemen wight and hard)'; 

«' There was Sir Philip de Moubray, 

" And Sir John Stewart alfo perfay, 

'« And Sir Alan Stewart alfo, 

" Sir Robert Boyd and others moe." 



SIR ALAN STEWART OF DREGHORN. 6l 

In Hollinfhed's Chronicles of Ireland, he mentions that, " in P a r t 
«' 13 15, Edward Bruce entered the north part of Ireland with v-^^-^ 
« 6000 men;" and in the courfe of tracing Edward's progrels 
in Ireland, HoUinfhed, p. 67, fays, that " on the 5th of De- 
« cember 1316, Sir Alan Steward, that had been taken pnfoner 
« in Ulfter by John Logan and Sir John Sandell, was brought 

« to the caftle of Dublin." P. 68, that « in 1318, Lord 

« John Birmingham, general of the field on the part of the 
« Englifh, led forth the King of England's power, being 1324 able 
« men, againft Edward Bruce, who, being accompanied with the 
« Lord Philip Moubray, Lord Walter de Soules, the Lord Alaue 
« Steward with his three brethren ; Sir Walter and Sir Hugh, Sir 
« Robert and Sir Amery Laceys, and others, was encamped not paft 
« two miles from Dundalk with 3000 men, there abiding the 
*' Englifhmen to fight with them if they came forward ; which they 
"did with all convenient fpeed, being as defirous to give battle as 
« the Scots were to receive it." 

Charter by King Robert Bruce, recorded in Roll L N» 41. o^^-trX* 
the charters of his reign, by which he granted " Alano Senefcallo RoUI.nm.. 
" diledo et fideli fuo pro homagio et fervitio fuo omnes et fingulas 
« terras et tenementum de Dregorn cum pertinentiis qux fuerunt 
« Johannis de Baliol, WilUelmi de Ferraris, et Alani la Suce, Militum; 
« tenendas et habendas dido Alano et heredibus fuis de nobis, et 
« hseredibus noftris in feodo et hxreditate per omnes redas metas, &c. 
« Reddendo fervitium duorum archetenentium in exercitu noftro et 
« tres feaas ad curiam vicecomitatus noftra: apud Air annuatim," &c. 
Thefe lands of Dregern or Dreghorn lie in the Ihire of Air, 
and continued for many fucceeding generations to belong to the 
Stewarts of Derneley and Lennox, defcended from this Sir Alan 
Stewart, as will appear in the fequel. 

In the Britilh Mufeum, N° 4609 of the Harleian Manufcripts, 
Ihere are lifts or inventories of feveral rolls or records of charters, 

granted 



In the Advo- 
cates' Li- 
^Atary, 



SIR ALAN STEWART OF DREGHORN. 
granted by King Robert Bruce and David II. &c. and in thofe lifts 
J there are the two following articles: 

" Charter by King David to Alan Stewart, father to John Stewart 
" ofDernclcy, of the lands of Croftewell, Drochdreg, 8 pairt of Glen- 
" gary called commonly KnocklU in Rinns of Galloway." — " Air." 

" Charter of confirmation of a charter by John Ranulph Earl of 
" Murray to Walter Stewart Knight, father to John Stewart of 
" Dalfwinton, of the lands of Garlics, Glenmanack, Corlbcke, and 
" Kirkornock in the fhire of Dumfries." 

Neither of thefe two charters have hitherto been found in the 
records of Scotland ; there can be no doubt, however, that fuch 
charters exifted, efpecially as the Earl of Galloway has in his pof- 
feffion the original charter referred to in the fecond article above^ 
being charter by John Ranulph Earl of Moray, Lord Annandale 
and Mann, in favor of Sir Walter Stewart, therein def.grred his 
uncle, (avunculus nofter chariflimus,) by which charter the Earl 
of Moray granted to him and to his heirs the lands of Garlics^ 
Glenmenock, and Curfock. 

Indenture, dated in the month of November 1327, entered into 
between Dominum Alanum Senefcalli Militem ex parte una, et 
Dominum Alanum de Glafsfrith Militem ex altera; by which 
Dominus Alanus de Glafsfrith conceflit et ad fermam demifit eidem 
Domino Alano Senefcalli totam terram fuam de Argeden cum 
pertinen' ufque ad terminum ';i^^ annorum inclpiendorum ad feftum 
S" Martini 1327. — The place where this indenture was executed 
between the parties was at Derfieley, " Apud le Derneley," as 
mentioned in the deed itfelf*. 

» A copy of this indenture is inferted at full length in a colle£l:ion of charters in 
the Advocates' Library at Edinburgh ; which colleftion once belonged to the Laird of 
Macfarlane. It is a thin folio, intitled " ColIe£lion of Charters." And it there 
appears, that the original was in the Earl of Morton's cullody. Tlie indenture bears 
that it was fealed with the feals of Sir Alan Stewart and Sir Alan de Glafsfrith. 

Original 
i 



SIR ALAN STEWART OF DREGHORN. g. 

Original charter, dated at Tarbart 4th June 1330, granted by part 
Robert, Stewart of Scotland, with confent of Sir Thomas Randolph ■_ - 1 _> 
Earl of Moray, Lord of Annandale and of Mann, and of Sir ^1^' 
William Lindfay, Archdeacon of Saint Andrews and Redor of the J" „'/ ^hl^ouke 
church of Air, and of Sir James Stewart, joint guardians or gover- °' Momrofe. 
nors of the kingdom of Scotland; by which Robert the Stewart 
gave to bis beloved couftn Sir Alan Stewart, the liberty of 
purchafmg heretably from Adam de Glafsfrith, all his lands of 
Cruckisfie, with the pertinents lying within the faid Robert's 
barony of Renfrew, according as they could beft agree thereupon. 
N. B. Thefe lands of Cruckisfee appear to have been the firfl 
pofTeffion enjoyed by the Stewarts of Derneley in the fhire 
of Renfrew, and they continued with the fuccefTors of Sir 
Alan Stewart during many generations. His fucceflbrs were 
promifcuoufly defigned Stewarts of Cruxtoun or ' Cruickijlon^ 
(which meant the fame lands as Cruckisfee^ or Stewarts of 
Derneley. 
All authors who have wrote on the fubjedl agree, that Alan, 
James, and John Stewarts were brothers, and that thefe three 
brothers were killed at the battle of Halidonhill in the year 1333; 
but fome of thefe authors have been guilty of a ftrange blunder in 
the defcription of their pedigree, as appears from the following 
particulars. 

* Fordun, in the Scotichronlcon, lib. xiii. cap. 28. gives an ac- 
count of the moft diftinguifhed perfons killed at the battle of 
Halidonhill, which begins thus : " Nomina nobilium occiforum ex 
*' parte Regis David funt base ; tres incliti fratres Jacobus, viz. 
*' Joannes et Alanus Stewart, Jilii nobilis Walteri et fratres Roberti 
" pojlea Scotorum Regis, Archibaldus de Douglas tunc cuftos 
" Scotise," &c. 

Winton, in his Chronicle, vol. li. p. 170, mentions James, John, 
and Alan Stewarts as killed at the battle of Halidonhill anno 1333, 

and 



54 SIR ALAN STEWART OF DREGHORN. 

PART and pofitlvely flates that thefe three were brothers, but fuppofes 
i_ - '- _j them to have been brothers alfo of Robert the Stewart of Scotland. 
^°^^" Bellenden, in his Tranflation of Boethius, book xv. of his Chro- 

nicles, folio 223, in his account of the battle of Halidonhill, writes 
thus: " In the third battal was the Douglefs Governor, having 
" with him James, John, and Alan, fofrs of Walter great Stewart 
" of Scotland,^'' 

The fame author, in his account of the flain, fays " Thir are 
" the principal men that were flain, Archibald Dougles Governor, 
" John Stewart, James Stewart, and Alan Stewarts, fons of Walter 
" Stewart." 

Buchanan, in his account of the fame battle, book ix. of the 
Englilh tranflation, fays, " That the chief perfons who fell there, 
*' were the General Archibald Douglas himfelf, James, John, and 
" Alan Stewarts, uncles of Robert who reigned next after the 
" Braces" 

Thus Fordun, Winton, Boyce, and Bellenden, have fuppofed the 
three brothers of the name of Stewart killed at Halidonhill to have 
been fons of Walter the High Stewart; but this could not poflibly 
be true ; for of Walter's marriage with Marjory Bruce there was but 
one child, Robert, his heir ; and that marriage, which took place in 
the year 13 15, was diflTolved by the death of Lady Marjory Bruce 
in the year 13 16. 

The account given by Buchanan is equally erroneous. He ftates 
the three Stewarts killed at Halidonhill to have been uncles of 
Robert II. that is to fay, brothers of Walter the High Stewart ; 
but Walter had no brother of the name of Alan — he had a brother 
of the name of John who was killed at the battle of Dundalk in 
the year 1 3 1 8. 

The inaccuracies of thefe hiftorlans with regard to the parentage 
of the three Stewarts killed at Halidonhill, were perceived and cor- 
re(aed by fubfequent hiliorians, who agree in the fame fad, that 

Alan, 



SIR ALAN STEWART OF DREGHORN. ^5 

Alan, John, and James Stewarts were killed at Halidonhill, but part 
have reftored to them their true father, Sir John Stewart of Bonkyl. r^ -.-• i »f 

Not only Symfon, Craufurd, Nifbet, Duncan Stewart, and 
Douglas, have concurred in this corredted account, but Sir David 
Dalrymple, an author deferving of the higheft credit on account of 
the great accuracy of his inveftigations, and his impartiality in the 
relation of fadts, has in his Annals, vol, ii. p. 307, made the fol- 
lowing remark concerning Alan Stewart killed at that battle: " The 
" perfon meant is Alan Stewart of Dreghorn, fon of Sir John 
" Stewart of Bonkyl, flain at Falkirk in 1298. He was the ancef- 
" tor of the Derneley family.'' The fame author, in the imme- 
diate preceding paragraph, takes notice of the grofs error into 
which Fordun had fallen, in fuppofmg James, John, and Alan 
Stewarts to have been brothers of Robert the Stewart of Scotland. 
Sir David's obfervation is in thefe words: " It is faid in Fordun, 
*' mo^ abfurdly^ that James, John, and Alan Stewarts were brothers 
" of Robert the Stewart of Scotland." 

Sir David in his faid Annals, vol. ii. p. 167, in a note at the 
bottom of that page, makes the following remark upon the inci- 
dents at the battle of Halidon : . 

" It may be remarked, that at Halidon two Stewarts fought 
*' under the banner of their chief; the one, Alan of Dreghorn, 
" the paternal anceftor of Charles I.; and the other, James of 
" RofTyth, the maternal anceftor of Oliver Cromwell." 

Sir Alan Stewart, killed at the battle of Halidonhil! 19th July 
1333, left three fons: 

1. Sir John Stewart of Cruckifton or Derneley. 

2. Sir Walter Stewart. 

3. Sir Alexander Stewart, who, on the failure of his two elder 

brothers without iffue male, afterwards fucceeded to all the 
eftates which had belonged to their father Sir Alan. 

K Sir 



^6 SIR ALAN STEWART OF DREGHQRN. 

PART Sir Alan alfo left a daughter, Elizabeth Stewart, who married John 
U-— v>— «j de Hamilton, fecond fon of Sir Walter de Hamilton, the anceftor 
of the Duke of Hamilton's family. In confequence of which 
marriage he got from Sir John Stewart of Derneley a charter of 
the lands of Ballincrieff in Weft Lothian, wherein Sir John de- 
fcribes Elizabeth as his fifter. 



SEVENTH GENERATIONT. 

1. Sir JOHN STEWART of Derneley or Cruickifton,. 

eldeft Son of Sir ALAN STEWART. 

2. Sir WALTER STEWART, fecond Son. 

3. Sir ALEXANDER STEWART, youngeft Son of 

Sir ALAN. 

Concerning the exiftence of thefe Sons of Sir Alan Stewart, 
and what related to them, there are the moft unqueftionable 
PROOFS, as will appear from what follows : 

JOHN Stewart, the eldeft fon, is particularly mentioned in 
Rymer's Foedera, vol. v. p. 200, where he is defcribed " Johan 
" Steward Fitz Monfieur Allein Steward," in a convention, dated ift 
Auguft 13 4.0, for the liberation of John Randolph Earl of Moray, who 
had been taken prifoner by the Englifh at the battle of Kilblain in 
the year 1335. From that convention it appears that the King of 
England, Edward III. had given liberty to the Earl of Moray to go 



SIR JOHN STEWART OF DERNELEY, Sec. 5-. 

into Scotland amongft his friends, to try what he could prevail upon part 
them to do for his ranfom or deliverance from captivity ; and that / _"' _, 
it w^as agreed that certain hoftages fliould be left in England ^'' ^"' 
during the Earl's abfence, as a fecurity for his return. The 
indenture of convention, dated ifc Auguft 1340, publiflied by 
Rymer, fhews, that upon this occafion there weic five hoftages for 
the Earl of Moray, thus named and defcribed: 

" Johan Stevi\ird Fitz Monfieur Allein Steward, 
" Patrick de Dunbar Earl of March, 
" Monfieur Alexander de Seytoun, 
" Monfieur William de Levyngfton, 
" Patrick Eleryng." 
Thefe hoftages were all of them men of diftiuiStion, and fome of 
them nearly related to the Earl of Moray. The firft named of the 
hoftages, John Stewart, was firft coufin of John Randolph Earl of 
Moray, whofe mother Ifabel was the fifter of Sir Alan and the 
aunt of the faid John Stewart the hoftage. Patrick de Dunbar 
Earl of March, another of the hoftages, was brother-in-law of the 
Earl of Moray, having married his fifter Agnes, who was daughter 
of Thomas Randolph Earl of Moray. 

The above indenture of convention proves that John Stewart was 
the fon of Sir Alan Stewart ; and proves likewife that this John was 
alive in the year 1340, which was but feven years after his father 
had been killed at Halidonhill. It will appear from other docu- 
ments hereinafter m-entioned, that the fame John Stewart was de- 
figned of Derneley, and that he lived till about the year 1369. 

Original deed, dated nth July 1342, by Robert de Graham Lord in,hepon;m- 
of Wighton in the barony of Walter his Kyle, within the tenement ""ivicmiore^'' 
of Torbolton, whereby he granted to the monaftery of Melrofs, the 
patronage of Torbolton. To this deed the firft witnefs is, 

" Dominus Robertus Senefcallus Scoti^Cj Miles, Dominus 
" Capitalis de Torboltoun." 

K 2 Then 



SIR JOHN STEWART OF DERNELEY, 

Then follow thefe witnefles: 
) " Domini Johannes et Johannes Senefchall de Prewyc et de 

" Dedertieley^ MiUtes. " 
Charter before-mentioned, p. 57, granted by Thomas Stewart 
Earl of Angus and Lord of Bonkyl ; to which charter John Stewart 
Lord of Croockifton is one of the witnelTes, and is defcribed as 
coufm of Thomas Stewart Earl of Angus, granter of the charter, 
which is conhrmed by King David in the year 1352, the 23d year 
of his reign. 

From Rymer's Foedera it appears, that in the years 1354 and 
^357 Several conventions on the part of England and of Scotland 
took place concerning the ranfom of King David Bruce, who had 
been taken prifoner by the Englifli at the battle of Durham in the 
year 1346. At thefe conventions feveral of the principal perfons of 
Scotland were given as hoftages for the payment of the ranfom 
agreed upon ; and particularly at the three conventions held on the 
13th July 1354, Auguft and 3d Odober 1357, the fon and 

heir of John Stewart of Derneley was one of the hoftages given on 
thefe occafions. 

In the convention of 13th July 1354, one of the hoftages is 
thus defcribed : 

" Le fils et heir Monfieur Jehan Steward de Derneley." 
In the convention of Auguft 1557, he is thus defcribed : 

" Johan fils et heir Seigneur Johan Steward de Derneley." 
And in the convention of 3d Odtober i 357, the hoftage on the 
part of the Derneley family is thus defcribed : 
'' " Robert Filz et heir Monfieur Jehan Stewart de Derneley." 

In all thefe cafes John Stewart of Derneley had given his eldeft 
fon and apparent heir as one of the hoftages ; in the fame manner as 
Robert the High Stewart gave his eldeft fon and apparent heir as 
, the hoftage on his part. But it is to be remarked, that in the 
interval between Auguft and October 1357, John, the eldeft fon and 
apparent heir of the faid John Stewart of Derneley, muft have 

died, 



AND HIS BROTHERS WALTER AND ALEXANDER. gg 

died, for the hoftage given at the convention in Odlober 1357 was part 
Robert fon and heir of John Stewart of Derneley, in the room of i_ ■ '- _j 
that John Stewart who, at the convention in Auguft 1357, had been 
given as the hoftage under the defcription of " John fon and , heir 
" of John Stewart of Derneley." The defcription of fon and heir 
could only be applicable to the eldeft fon in life at the time; it 
could not be applicable at the fame inftant to one fon of the name 
of John, and to another fon of the name of Robert ; therefore, the 
change of the name of the heir apparent muft have arifen from 
John the eldeft fon in Auguft 1357, having died before 3d Odober 
\2)Sl-> when his next brother Robert fucceeded to the defcription of 
fon and heir of John Stewart of Derneley. 

In further confirmation of this reafoning, there is a charter (to 
be hereinafter mentioned more particularly) dated in January 1361-2, 
granted by Robert the Stewart of Scotland, whereby he granted the 
lands of Crookisfee and others, to Sir John Stewart of Derneley ■. ,. 
his beloved coufin, and to Robert Stewart his fon and heir^ and the 
heirs male of his body, &c. 

That Sir John Stewart of Derneley himfelf, the fon of Sir 
Alan, was alive at the times of the conventions 1354 and 1357, 
and that he long furvived thefe periods, there is very fatisfadory 
evidence. 

The charter before-mentioned, by Thomas Stewart Earl of Angus, 
to which his coufin John Stewart Lord of Crookifton was one of 
the witneffes, and the charter of confirmation thereof by King David 
in the year 1352, fhew that John Stewart of Crookifton was alive 
at that period. — But further, 

from Rymer's Foedera, vol. viii. p. 108, it appears, that in the 
year 1358, letters of fafe condud; were granted by the King of 
England (Edward III.) to John Stewart of Derneley^ Walter de 
Lelley, and feveral other perfons of diftindion in Scotland, by- 

whicK 



SIR JOHN STEWART OF DERNELEY, 

which they were permitted to come from Scotland into England 
. with certain retinues, and to pafs through the kingdom of England 
and the dominion thereto belonging towards parts beyond the feas, 
on their own proper affairs, &c. The article relating to Sir John 
Stewart of Derneley and his retinue is exprefled in the fafe con- 
dud:, dated 24th Odober 1358, in thefe words : 

" Johannes Steward de Derneley Chevalier cum fexaginta. 
" equitibus et peditibus." 

There are three original charters ftill extant, dated in the years 
1336 and 1 36 1, which afford flill more dired evidence concerning 
the fituation and members of the Derneley family at thefe periods, 
and particularly in what relates to Sir John Stewart the proprietor 
of the eftates of Derneley and Crookifton, and his two brothers 
Walter and Alexander Stewarts. 

The firft of thefe is a charter dated at Rothfay (in the ifle of 
Bute) in the year 1356, by which Robert the High Stewart of Scot- 
land (afterwards King Robert II.) granted to his beloved coufm Sir 
John Steivcirt of Crookijion Knight^ and to the heirs male of his 
body ; whom failing, to his brothers M^'alter and Alexander, fuccef- 
fively, and the heirs male of their bodies; all the lands held by the 
faid John Stewart in capite of the Stewart of Scotland. And in 
this charter there is a fpecific declaration and deftination by which 
Robert the Stewart, the granter of the charter, declares that failing 
the heirs male defcended of the three brothers John, Walter, and 
Alexander, the faid lands fhall go and defcend for ever (in eternum) 
to their neareft relations in blood of the furname of Stewart, and to 
their heirs male in all time coming. 

By another original charter, dated loth January 1361, (which 
according to modern ffile would be 1362.) the fame Robert, de- 
fcribing himfelf Stewart of Scotland and Earl of Strathern, recites 
that his beloved coufin Sir John Stewart of Derneley, Miles, (Knight,) 

had 



AND HIS BROTHERS WALTER AND ALEXANDER. 

had in the place of his habitation at Dcrnelcy, in the prefence of him part 

the faid Robert Stewart of Scotland, and in the prefence of John ^ _ I j 

Stewart Lord of Kyle his eldeft fon and heir, and others of his- ^° ^^^" 
council, perfonally refigned, according to the ufual fornis, all his 
lands of Crokisfou, of Inchennan, and of Perthwyckfcott, with 
their pertinents, within the Stewart's barony of Renfrew, which he 
held in capite of the Stewart of Scotland; therefore, the fiiid Robert 
thereby granted thefe lands to the faid Sir John Stewart of Derneley 
his beloved coufin, and to Robert Steivart his fof? and heh\ and the 
heirs male of his body; whom failing, to the other heirs male of 
Sir John's body ; whom failing, to Walter Stcwaj-t, hnmediate next 
brother to Sir John^ and the heirs male of his body ; whom failing* 
to Alexander Stewart the yoiingeji brother^ and the heirs male of his 
bodyj whom failings to Sir John's neareft heirs male. 

In this charter there is a claufe declaring that failing thefe three 
brothers, and the heirs male of their bodies, " The nearejl heir male 
" that can be found of the blood and name of the faid Sir John 
" Stewart, and the heirs male always of fiich heirs male, fjqll fucceed 
** to the faid Sir John Stewart and his brothers for ever there- 
" after.'''' 

By another charter, of the fame date in January 1361, John inthepofTem. 
Stewart Lord of Kyle Stewart, eldeft fon of Robert the Stewart of of Montrofe. 
Scotland, granted the lands of Torbolton and Drumley in the fliire 
of Air to his coufm the faid Sir John Stewart of Derneley ; and to 
his brothers Walter and Alexander fucceflively, and to their heirs 
male, precifely in the fame terms with the above-mentioned charter 
granted to them by his father Robert the Stewart of the lands held 
of him in the fhire of Renfrew*. 

The three original charters above-mentioned came into the poffef- 
fion of the Duke of Montrofe's family about the beginning of the 
prefent century, w-hen they purchafed the Derneley and Lennox 

• Vide thefe three charters in the Appendix. 

eftates ; 



SIR JOHN STEWART OF DERNELEY, 

PART eftates; and upon that occafion, many of the archives and old 
,_ "l _, papers belonging to the Stewarts of Derncley were delivered over 
^'^'^' to the Montrofe family, where they ftill remain. 

The moft material of thefe three charters, to wit, that granted by 
Robert the Stewart on loth January 1361, was in the month of 
January 151 1, enrolled in the Public Records at Edinburgh; be- 
caufe at that time Matthew Earl of Lennox, the heir male defcended 
from Alexander Stewart, the youngefl: of the three brothers above- 
mentioned, had occafion to make up his titles to the lands contained 
in the faid charter of the year 1361, as being the heir in tail of the 
fettlement and deftination therein contained ; wherefore he obtained 
from King James IV. a charter under the great feal confirming the 
charter which had been granted by Robert the Stewart in 1361; in 
which charter of confirmation dated i8th January 151 1, the charter 
of 1 36 1 is verbatim inferted. 

The three charters of the years 1356 and 1361, furnifh very 
authentic evidence for afcertaining various material particulars relating 
to the Stewarts of Derneley in the fourteenth century. 

Thefe charters clearly prove, that in the beginning of the year 
1362, there were of the Stewarts of Derneley then alive, Sir John 
Stewart of Derneley and his two brothers, Walter and Alexander, and 
likewife Robert Stewart the fon and heir apparent of Sir John 
Stewart of Derneley, the eldefl brother. And they alfo prove, that 
Alexander was the youngeft of the three brothers ; and as it is a 
certain fad (which will be proved in the fequel of this Genealogical 
Hiftory), that Alexander,the youngeft of the three brothers, fucceeded 
to the Derneley eftate and title, it neceffarily follows, that John and 
Walter the two elder brothers, and likewife Robert the fon of John, 
had all of them died without leaving any male poflerity ; for in 
terms of the linutations contained in the charters 1356 and 1361, 
granted by Robert the High Stewart, Alexander, the youngeft of the 
three brothers, could not polhbly have fucceeded to the eftate while 
7 there 



AND HIS BROTHERS WALTER AND ALEXANDER. 

there exifted any elder brother, or any heir male defcended from 
fuch brother. ^_ 

George Crawfurd, in Iiis Hiftory of the Stewarts, pp. 72, 73, has 
fallen into a remarkable error, by fuppofmg two fucceffive Sir John 
Stewarts of Derneley, the one the fon, and the other the grandfon o^ 
Sir Alan Stewart of Cruickifton and Derneley. Some other genea- 
logical writers, copying after Crawfurd, have been led into the fame 
error. But the true ftate of the fad: is, that Sir John Stewart of Der- 
neley, and Walter and Alexander Stewart, were all of them the im- 
mediate fons of Sir Alan Stewart of Dreghorn, without any 
intermediate generation. 

It has already been fhewn from Rymer's Foedera, vol. v. p. 200, 
that John Stewart was in the year 1340, Auguft i, exprefsly de- 
fcribed and defignedyo// of Sir Alan Stewart ; and if he was the im- 
mediate fon of Sir Alan, his two brothers, Walter and Alexander, 
muft neceflarily alfo have been the immediate fons of Sir Alan 
Stewart of Dreghorn. 

Of this fa£l there happens to be a ftrong confirmation ; for there 
is fatisfadory evidence that Alexander Stewart, the youngeft of the 
three brothers, was in an authentic charter exprefsly defigned 
*' Alexander Stewart, Knight, fon of the deceafed Sir Alan Stewart, 
" Mllitis (Knight)." The inftrument in which Alexander Stewart 
was thus defigned was a charter granted by King David Bruce, 
dated 26th December 1345, (in the feventeenth year of his reign,) 
which charter there will be occafion in the fequel to ftate more par- 
ticularly. 

The defcriptlon thus given of Alexander Stewart, as fon of the 
deceafed Sir Alan Stewart, affords double evidence that Sir John 
Stewart, Walter, and Alexander, were all of them the immediate 
fons of Sir Alan Stewart, without any intervening generation ; for 
the relation of brothers, in which they ftood to each other, being 
L incon- 



73 



SIR JOHN STEWART OF DERNELEY, 

PART inconteftably proved, the defcriptioa of John the eldeft, as fon of 
(_ J'_ ji Sir Alan Stewart, or the defcription of Alexander the youngeft of 
^' ^^^' the three brothers, as fon of Sir Alan, would neceffarily infer that all 
the three bi-others were the immediate fons of Sir Alan ; but in the 
prefent cafe it fo happens that there are feparate proofs of both John 
the eldeft and Alexander the youngeft of the three brothers, being 
each of them feparately defcribed as fons of Sir Alan Stewart; 
therefore there cannot remain a particle of doubt, that thefe three 
brothers, John, Walter, and Alexander, were all of them the imme- 
diate fons of Sir Alan Stewart of Dreghorn. 

The preceding detail has been judged neceflary for two reafons : 
one is, that by a ftrange inaccuracy in the genealogical writers, fome 
of them, as has already been obferved, have imagined that there was 
an intermediate generation between Sir Alan Stewart, who was killed 
at Halidon in 1333, and Sir John Stewart of Derneley, In whofe 
favour the charters by Robert the Stewart were granted in i^S^ ^^^ 
1361 ; and from that erroneous fad they have formed falfe conclu- 
fions with regard to the ftate of the Derneley family. 

The other reafon is, that fome authors have fuppofed that John 
Stewart of Derneley, the eldeft fon of Sir Alan Stewart, had been 
killed at the battle of Durham in 1346. 

This laft fuppofition acquired fome degree of credit, from a con- 
je&ure thrown out by that very accurate hiftorian, Sir David Dal- 
rymple, in his Annals, vol. ii. p. 325, where, after giving the names 
of perfons killed at the battle of Durham, 17th Odober 1346, Sir 
David in his remarks upon thefe names, has, in a note at the bottom 
of the page, bearing reference to the name of a John Stewart killed 
in that battle, made ufe of thefe words : " I conjeElure that Sir John 
" Stewart of Dreghorn is meant, whofe father Alan was killed at 
" Halidon." In this paflage, Sir David Dalrymple has ftated what 

occurred 



AND HIS BROTHERS WALTER AND ALEXANDER. 

occurred to him merely as a conjeBiire ; but from his well-eilablillied 
charadler for accuracy, more attention is due even to his co?ije5!ures i_ 
than to the pofitive aflertions of many other authors on genealogical 
fubjedts ; and therefore, it has been thought proper to ftate at fome 
length the evidence which completely eftablifhes the fadts, and 
proves that in this inftance Sir David Dalrymple's conjecture was 
ill-founded ; he never had an opportunity of feeing the original 
charters and other articles of evidence above referred to, otherwife 
he would have been the firft to correct his own miftaken conjecture 
about Sir John Stewart of Derneley having been killed at the battle 
of Durham in 1346. 

The following original charters have been found in the pofleffion 
of the Earl of Hopetoun, amongft the papers of the Ballincrieff 
eftate, which in old times belonged to the faid Sir John Stewart of 
Derneley, viz. 

No. I. Charter by Robert, Stewart of Scotland, by which he 
gave and granted to his beloved coufm Sir John Stewart, Lord of 
Crookifton, Knight, for his homage and fervice, " totam terrain 
" noftram de Ballyncreff cum molandino ejufdem, Balbarde etlr 
" Ynche, Coufland, Eifton, et Torbane, infra Baroniam noftram de 
" Bathketh t?i vicecomitatu de Lwwdonice ; tenend' et habend' didas 
" terras cum pertinentiis prefato Domino Joanni et hseredibus de 
" nobis et hseredibus noftris in feodo et hereditate." 

To this charter there is no precife date, but there are feveral 
witnefles to it, whofe names may be of ufe in leading to a difcovery 
of the period about which it was granted ; at any rate, it was 
granted before Robert fucceeded to the crown of Scotland. The 
witnefles to the charter are, " Maurice of Moray, Earl of Stratheryn, 
*' John Stewart, our brother, William of Conynghame, Robert of 
" Erflcyne, et Hugh of Eglinton, Knights ; William Sympill, Regi- 
" nalde of Crawfurde, Robert de Burgh, Thomas de Carrutherys, 
" John de Roos, et multis aliis." 

i^ 2 N. B. This 



75 



„6 SIR JOHN STEWART OF DERNELEY, 

PART N. B. This charter miift have been granted before the year 1346, 
t_ -.1 _j for Maurice of Moray Earl of Strathern, one of the witnefles 

'^'°^"' to it, was killed at the battle of Durham anno 1346, as men- 

tioned in a manufcript of George Crawfurd's, and mentioned 
likewife by Sir David Dairy mple, vol. ii. p. 219. George 
Crawfurd fays, that Sir Maurice Moray of Drumfargart w^as 
created Earl of Strathern, and was fo defigned in a charter by 
King David II. to William Earl of Sutherland ; and in another 
to Sir Alexander Stewart of Derneley. 
No. 2. Charter granted by John Stewart Dominus de Crookjloun^ 
(which was a title promifcuoufly ufed with that of Derneley,) by 
which he grants " Diledo confederato noftro Johanni filio Walter! 
" didi de Hamilton et Elizabethan fponfae fuse forori noftrae et 
" eorum diutius viventi, totas terras meas de BallincriefF, Elliotfton, 
" et Coufland cum pertinen' infra Baroniam de Bathgate in vice- 
" comitatu Laudonix conftitutas; tenend' et habend' didas terras 
" cum pertinen' prcfat. Johi et Elifabeth fponfe fue et eorum alter 
" diutius viven' et heredibus ipfms Johis et fuls aflignatis de nobis 
" et heredibus noftris in feodo et hereditate in perpetuum." To 
this charter, which has no date, the witneffes defigned in the 
telling claufe, are: 

" Dominus Robertus de Erfkine Dominus ejufdem. 

" Dominus Alexander Senefchallus, frater nojler^ v'lcecomes de 

" Lanark. 
" Dominus David filius Walter! didi de Hamilton. 
" Johannes de Levingfton Dominus ejufdem. 
" Willielmus de Liddale. 
" Willielmus de Cairnes, cum multis aliis." 
Though the charter has no date, the names of thefe witnefles may 
be of ufe for afcertaining the date, and moft probably it was granted 
not long before the year 1 369, as the charter of confirmation thereof 
by John Stewart Earl of Carrick, fuperior of the lands, was 
granted in 1369, viz. 

No. 3. 



AND HIS BROTHERS WALTER AND ALEXANDER. 

No. 3. Charter of confirmation, dated 15th January 1369, 
granted by John Stewart Earl of Carrick, (eldeft fon of Robert the v 
High Stewart,) as fuperior of the lands, by which he confirms the 
charter which had been granted by John Stewart of Crookifton (or 
Derneley) to John de Hamilton and his wife, EUzabeth Stewart ; 
and in this charter John Stewart of Crookifton, the grantor of the 
charter confirmed, is defcribed as then deceafed. The words ufed in 
mentioning him in the charter of confirmation are, " ^wnd nobilis 
" vir ac nofter confanguineus Dominus Johannes Senefchallus miles 
" Dominus de Derneley." 

Hence it is evident that Sir John Stewart of Derneley, the eldeft 
of the three brothers, had died before the 15th of January 1369. 
It muft then have been at fome period between the loth of January 
1 36 1, the date of the firft mentioned charter by Robert the Stewart 
in his favour, and the date of the above-mentioned charter in 
January 1369. 

It will now be fhewn, under the title of what relates to Alexander 
Stewart, the youngeft of the three brothers, who fucceeded to the 
Derneley eftate, and carried on the line of the Derneley family, that 
Robert the fon of John, and Walter, the immediate elder brother of 
Alexander, alfo died before the year 1371, without leaving iflue male. 

Concerning Sir Alexander Stewart of Derneley, fon 
of Sir Alan Stewart of Dreghorn, and youngeft brother 
of Sir John Stewart of Derneley, who on the failure of 
his two elder brothers. Sir John and Sir Walter without 
ifllie male, fucceeded to the Derneley eftates, and carried 
on the line of the family. 

THE firft mention that has hitherto been difcovered of this 
Alexander Stewart is in a charter from King David Bruce, dated 26th 

of 



-8 SIR AUEXANDER STEWART OF DERNELEY, 

PART of December, in the feventeenth year of his reign, (which was the 
,_ - _f year 1345,) by which he gave " Atexandro SeiiefcalU, MHiti^JHio 
•^■'^"- « quoncr Doniifii Alani SenefcaUi^ Militis, dile£tc et fideU noftro pro 
" homagio et fervitio fuo tempore quo eum accinximus gladia 
" mihtari, totam firmam bladi noftris debit de Baronia de Cam- 
" bufnethan cum pertinen' infra vicecomitatum de Lanark una cum 
" tenandriis live fervitiis libere tenentium Baronias predidlx qux- 
" quidera Baronia cum pertinentiis fuerunt quond' Roberti Baird 
" Militis." 

Thefe are the very words of King David Brace's charter to 
Alexander Stewart, as ftated in a manufcript of the deceafed Mr. 
Crawfurd of Cartfburn, brother of Mr. George Crawfurd the hif- 
torian. Mr. Crawfurd of Cartfburn refers to the original charter as 
in the poiTeffion of Lord Sommerville, among the old papers be- 
longing to that family; and from the manner in which Mr. Crawfurd 
fo particularly relates the terms of it, with the precife date, and the 
place where it was to be found, it is prefumable that he had himfelf 
leen that charter. 

This original charter has fomehow been miflaid, at leaft is has not 
hitherto been found amongft Lord Sommerville's papers. But be- 
fides the evidence arifing from the manufcript of Mr, Crawfurd of 
Cartfburn, who died many years ago, and could have no intereft 
to invent that charter by King David Bruce in favour of Sir Alex- 
ander Stewart, there is ftrong collateral evidence to eftablifh its 
reality. 

In the Britifh Mufeum, No. 4609, of the manufcripts of the 
Harleian Colleftion, there is an inventory of charters which had 
been granted by King Robert Bruce and King David Bruce his fon ; 
and in that inventory, under the head of Charters granted by King 
David Bruce, there is the following article : 

" No. 24. Carta to Alexander Stewart of an annual furth of the 
" barony of Cambufnethan in vicecomitatu de Lanerk," 

I h\ 



YOUNGEST SON OF SIR ALAN. 

In further confirmation of the fame thing, there is in Hadding- 
ton's Colleftions in the Advocates' Library at Edinburgh, p. 577, 
the following article : 

" Carta Alexandri Senefcalli de Baronia de Cambufnethan." 

In Haddington's Collections he refers to a roll of 50 charters 
where the above article is to be found. 

There is no room therefore left to doubt of the reality of the 
charter of the lands of Cambufnethan granted by King David Bruce 
to Sir Alexander Stewart of Derneley, therein defcribed fon of the de- 
ceafed Alan Stewart, Knight; and as in that charter granted in the year 
1345, Alexander Stewart was himfelf defcribed as a Knight, Miles ^ 
he muft have been of age at that time, and probably had been of 
age feveral years before that period ; for in the charter King David 
refers to fome fervice that had been performed by Alexander 
Stewart at the time when he begirt him with the military fword. 
The precife time when that happened is not known, but it muft 
have been prior to 1345, and Alexander Stewart muft then have 
been of age. 

The next mention of Alexander Stewart now to be ftated, is in 
a charter to which he was one of the witneffes, and wherein he is 
defcribed " Dominus Alexander Senefcallus Dominus Cruick- 
" iftoun," viz. 

Charter by Robert the High Stewart, and by his fon John Lord 
of the barony of Kyle, in favor of the monks of Paifley, inferted 
in the chartulary of Paifley, folio 127 of the copy thereof in the 
Advocates' Library at Edinburgh. 

The charter itfelf has no date, but Mr. Hay, in whofe book a 
copy thereof is inferted, has fuppofed it to have been granted in the 
year 1367. 

Amongft the papers belonging to Lord Rofs's family in the charter 
room at Halket, there are two original charters granted by Robert 

Stewart, 




gQ SIR ALEXANDER STEWART OF DERNELEY, 

PART Stewart of Scotland Earl of Stratherne, in favor of John Logan. 

, - V- _, To the firft of thefe charters, one of the witnefTes is " Nobilis vir 

" " Jobanms Senefchall^ Miles^ Dom'mus de Cruickijion ;" and to the 
laft of them, one of the witnefles is " Dominui Alexander Senefchal 
" Dominus de Derneley^ Miles*." 

There vas probably not much diftance of time between the 
granting of thefe two charters, as they were both of them granted 
by Robert, while Stewart, in favor of the fame perfon, John Logan. 
They prove, however, that in the interval between the one and the 
other. Sir John Stewart Lord of Cruickifton or Derneley, the 
elder brother, had died, and that he had been fucceeded by his 
voungeft brother Sir Alexander Stewart then defcribed Lord of 
Derneley. Unluckily, according to the prevailing cuftom of thofe 
times, there is no precife date fpecified in either of thefe charters ; 
but the witnefles to them may perhaps lead to a difcovery of the 
times at which they were granted, which would go far to afcertain 
the precife time of the fucceflion of Sir Alexander Stewart to the 
Derneley eftate. At any rate, it is certain, from all the three 
charters above-mentioned, that they muft have been granted before 
March 1371, when Robert the Stewart fucceeded to the crown of 

* The witnefles to tlie firft above-mentioned charter, befides Sir Alexander Stewart, 
Lord of Cruickifton, are «' Dominus Robertus Abbas de Kilwinning, Dominus 
" Heugo de Eglinton Dominus ejufdem, Dominus Joannes de Danielfton Dominus 
" ejufdem, Dominus Adam de Fullarton Dominus de Crofbey, Milites, Thomas 
«« Seniple Dominus de EHiefton, Joannes de Maxwell Dominus de Pollock, Cofmo de 
" Cowran, cum multis aliis." 

The witnefles to the charter in favor of John Logan, where Sir John Stewart Lord 
of Cruickifton is mentioned, are " John Abbot of Paifley, a noble perfon, Sir John 
♦• Stewart, Knight, Lord of Cruickifton, Thomas Semple Lord of Elliotfton, John 
«< Tait, John de Monteacuto, John Gray de Eftwood, et multis aliis." 

The witnefles to the laft of the charters in favor of John Logan, are " Sir Alex- 
*' ander Stewart Lord of Derneley, John de Danyelfton Lord of the fame. Knights, 
" Thomas Semple Lord of Elliotfton, John de Maxwell Lord of Pollock, William 
«•' de Cochrane, John de Pare, Stephen Poller, et multis aliis." 

,.-:•■ Scotland, 



SIR ALEXANDER STEWART OF DERNELEY, gl 

Scotland, as they were granted by him in the character of Stewart part 
of Scotla^d^ which he ceafed to be after becoming King of Scotland ; ^_ ^'_ _j 
for from that period the title and office of Stewart of Scotland de- ^' ^"• 
volved upon and was enjoyed by his e.ldefl: fon John Earl of Carrick, 
afterwards known under the defcription of King Robert III.; and 
as Alexander Stewart was in one of thefe charters defigned Lord of 
Cruickfton^ and in the other Lord of Derneley, which meant the 
fame thing; fo it follows, that before the year 1371, not only Sir 
John Stewart of Derneley, the eldeft of the three brothers, and his ^ 

fon Robert, but likewile Sir Walter Stewart, the fecond of the 
brothers, had all of them died without leaving iflue male ; for it 
was their deaths that opened the fucceffion to Sir Alexander Stewart, 
the youngeft of the three brothers. It has already been fhewn by 
the crown charter 15th January 1369, that Sir John Stewart of 
Derneley died before the date of that charter, wherein he is men- 
tioned as then deceafed. His fon Robert, and his brother Walter 
muft have died at fome period between loth January i'36i, and 27th 
March 1 37 1, when Robert the Stewart fucceeded to the crown of 
Scotland. 

Thefe three laft mentioned charters likewife afford evidence that 
the titles of Crookifton and Derneley were fynonimous ; of which 
there are many other proofs. 

Another proof concerning Sir Alexander Stewart, and the rela- 
tion in which he flood to Sir John Stewart of Derneley, arifes from 
the charter before-mentioned, granted by the faid Sir John Stewart 
in favor of John, fon of Walter de Hamilton, and Elizabeth Stewart 
his wife, of the lands of Ballincrieff; to which charter one of the 
witneffes is Sir Alexander Stewart, defigned fieriff of Lanark and 
brother of Sir John Stewart, the grantor of the charter; which was 
confirmed by the fuperior John Stewart Earl of Carrick on 15th 
January 1369. 

M The 



g^ YOUNGEST SON OF SIR ALAN. 

PART The next mention of Sir /\lexander Stewart hitherto difcovered 
,_ - ' _, in the Public Records, is in the Letters of Safe Condud pubUfhed 
K'Vji. jjy. Rynaer, vol. vii. p. 45, dated 26th Auguft 1374, granted by- 
King Edward III. of England to jilexander Stetvart, Miles^ and 
to Walter Leflie, Miles, (who was much connected with the 
Derneley family,) allowing them with their men and fervants, 
and all goods whatfoever pertaining to them, to come into 
England, to flay there, and to return from thence into Scot- 
land; which fafe condudt was to laft till the feaft of Eafter then 
next to come. 

In that fafe condudl Alexander Stewart is thus defcribed, " Di- 
" le£tus Confanguineus Regis Alexander Stewart, Miles ;" which 
defcription was perfedtly applicable to Alexander Stewart of Derne- 
ley, as being Confanguineus Regis Scotise Robert II. who about 
three years before the date of that fafe condudl had afcended the 
throne of Scotland. 

It has not as yet been learnt at what precife time this Alex- 
ander Stewart, the fon of Sir Alan, and the younger brother of 
Sir John Stewart of Derneley, died ; but it is certain that he left 
a fon and heir of the fame name, Alexander Stewart of Derneley, 
who fucceeded him, as will appear under the next Article, Gene- 
ration VIII. 



[ 83 ] 



EIGHTH GENERATION. 

Sir ALEXANDER STEWART of Derneley, Son 
and Heir of the preceding Sir ALEXANDER 
STEWART of Dernelej. 

CHARTER granted by John Earl of Carrick, wherein he is F 
defcribed " Johannes Ilkiftris Regis Scotorum Primogenitus u 
" Comes de Carrick et Senefcallus Scotise." Under that defcription 
he grants and confirms Diledlo Confanguineo fuo Alexandre 
Senefcalli, filio Alexandri Senefcalli de Derneley, Milites, manerium 
capitale de Galftoun, turrim et ortos pertinen' eidem, &c. in 
Baronia noftra de Kyle infra vicecomitatum de Air — " quodquidem 
" manerium turris, &c. fuerunt Janetce de Keth, et quse omnia et 
" fmgula antedidia Janeta fiia pura et libera v'ldu'itate in prefentia 
" plurimorum nobis tanquam Domino fuo fuperiori furfum reddidit, 
" pureque et fimpliciter refignavit pro fe et ha^redibus fuis in per- 
" petuum ; tenend' et habend' pra:dido eidem Alexandro^ pradi^ia 
'' Janet<:E fponfce face et eorum diutius viventi, haredibus inter fe- 
" ipfos legittime procreatis feu procreandis, quibus forte quod abfit 
*' deficientibus, veris legittimis hseredibus didtce Janetce quibuf- 
" cunque*." 

This 

* This charter has no date, but the witnefles to it are, 

1. Alanus Senefcalli Dominus de Hauchilker : 

(N.B. There is veafon to believe that the perfon here meant was Sir Alan 
Stewart of Ughletree or Ochiltree, who was alive at that period; which 
Sir Alan Stewart was fon of Sir James Stewart of Pearlton, who was one 
of the younger fons of Sir John Stewart of Bonkyi;) 

2. Johannes SenefcalH filius didli Alani : 

M 2 ;;. Wil- 



8^ SIR ALEXANDER STEWART OF DERNELEY, 

PART This charter is at full length inferted in the Regifter of Tranfumpts, 
i_ - -, _i or Records of Council in the Record Office at Edinburgh, where it 
appears that upon the penult, of March 1527, the original charter 
had been produced to the Lords of Council, who ordered this and 
fome other charters to be inferted in their books, and authentic copies 
thereof to be delivered to the parties who had prefented the fame *. 

From the contents of the charter, it is perfedlly evident, that the huf- 
band of Janet Keith of Galftoun was Alexander Stewart, the fon of Sir 
Alexander Stewart of Derneley, and the grandfon of Sir Alan Stewart ; 
that the lands of Galftoun were her eftate and property ; that fhe had 

3. Willidmus Cunnyngham : 

4. Adam de Fullarton ; Militibus, et multls aliis. 

The names of one or other of thefe witneffes may afllft In afcertaining the date of 

- the charter. At any rate it muft have been fubfequent to the 22d of February 137 1, 

when Robert the Stewart fucceeded to the crown of Scotland, as John his eldeft fon, 

the granter of the charter, s in it defigned fon of the King of Scotland ; but there is 

reafon to believe that the date of it was either in, or foon after the year 1371. 

* It is to Meflrs. Robertfons of the General Regifter Houfe at Edinburgh, that the 
author was indebted for the difcovery of thofe papers in the Regifter of Tranfumpts, which 
fo inconteftibly prove that there were two fucceffive Sir Alexander Stewarts of Derne- 
ley ; thereby affording the means of correcting the falfe and erroneous accounts 
hitherto given by hiftorians and genealoglfts, concerning the different generations of 
the Derneley family ; for all of them had in their accounts omitted one generation 
entirely. 

TIic author is happy to take this opportunity of acknowledging his obligations to 
Meffrs. Robertfons, and of doing that juftice which is due to their public fplrif, 
ability, and difintereftednefs. He knows that in the moft liberal manner thefe gen- 
tlemen are not only always ready to give infpedlon of the valuable public records in 
their cuftody, for promoting the interefts of knowledge, and for adifting thofe who 
are engaged in purfuits tending to eftablifli the truth of hiftorical fads, or to correft 
errors relating to them ; but that further, they have often given the benefit of their 
own knowledge and induftry without either demanding or accepting of any pecuniary 
recompence. During feveral years the author had accefs to every record that he 
called for at the General Regifter Houfe for affifting him in the inveftlgations in which 
he was engaged, and it has never been in his power to prevail on Meffrs. Robertfons 
to accept of any gratuity or recompence for the communications thus received from 
them.. 

3 been 



SON OF THE PRECEDING SIR ALEXANDER. 

been formerly married ; and that Alexander Stewart, the fon of Sir 
Alexander Stewart of Derneley, had married her in her widowhood, 
feme time before the date of this charter, by which the lands were 
granted to them, and the longeft liver of them, and to the heirs pro- 
created or to be procreated between them. 

N. B. Though it appears that Janet Keith had in her widowhood 

refigned the lands in the hands of the fuperior, yet it feems 

probable that the above charter by John Earl of Carrick, 

Stewart of Scotland, the fuperior of the lands, was not granted 

till fome time after the marriage, as the lands were given by 

him to the hufband and wife, and to the children procreated or 

to beprocreated of the marriage. 

It is prefumable that Sir Alexander Stewart of Derneley, the 

father, was alive at the time when the above-mentioned charter in 

favour of his fon and Janet Keith was granted by John Earl of 

Carrick; though the precife time of his death has not hitherto 

been difcovered. 

There is in the Public Records, Roll lo, N° 1 1, a charter dated in 
the year t39r, granted by King Robert III. in favour of Thomas de 
Sommerville, and Janet Stewart his wife, of the lands and barony of 
Catnnethan ; in which charter it is mentioned that thefe lands had 
been refigned in their favour by his Majefty's beloved coiifm Alexander 
Stewart of Derneley^ and Johanneta his wife : and the charter con- 
tains the following claufe : " Referving always to the faid Alexan- 
" der Stewart and Joneta his wife, and longeft liver of them for the 
" whole days of their lives, the free enjoyment of the whole 
" of the forefaid lands." 

As Alexander Stewart, the hufband of Janet Keith, was in this 
charter defigned of Derneley^ and was in pofTcfTion of the cftate of 
Camnethan, it is evident that his father. Sir Alexander Stewart of 
Derneley, had died previous to that period, and probably many 
years before, being then at an advanced age. The lands of Cam^ 

nethan 




35 SIR ALEXANDER STEWART OF DERNELEY, 

Part nethan were the fame eftate v/hlch had been granted in the year 
c- — .r—^j 13455 by King David Bruce to Sir Alexander Stewart of Derneley, 
Militi, as before mentioned, and it affords an additional proof of 
the reality of that grant. 

Janet Stewart, the wife of Thomas de Sommerville, in whofe 
favour the faid charter of the year 1391 was granted, was daughter of 
Sir Alexander Stewart, and of his wife Janet Keith of Galftoun. 

All the genealogical writers agree, that Janet Keith of Galftoun, 
the wife of Sir Alexander Stewart of Derneley, was the daughter of 
Sir Willian Keith of Galjloiin. 

As it will in the fequel be found of fome confequence to afcertain 
what relates to Janet Keith of Galftoun, the wife of the fecond Sir 
Alexander Stewart of Derneley, it may be proper here to dedicate 
a few pages to that fubje(fl under a feparate title. 

Concerning Janet Keith or Keth, of Galftoun, the 
wife of the fecond Sir Alexander Stewart of Derne- 
ley, and the daughter of Sir William Keith of Galftoun. 

Sir Lewis Stewart, in his manufcript collections kept in the Ad- 
vocates' Library at Edinburgh, p. 285, under the title of " Lord 
" Derneley," has the following paragraph concerning Sir William 
Keith, and the lands of Galftoun : 

" The Lord Galbraith was lord of the haill Galftoun Parochin 
" and Ricartoun, as the water of Celnok runs ; whilke Lord hade 
" four daughters aires-portioners of the lands. The eldeft wes 
" marret to ane fone of the Lord Merfhelle called Sir William 
" Keithe, wha had the lands of Bathgait be his father, and fourtie 
*' pound lande of Galftoune by his wyfe, and had na bairnes, but 
*' ane daughter, wha wes marriet with the Lord Dernlie, and airit 
" the landes of Darnlie ; — which aire of Darnlie marrit the aire of 
'■'• Lennox, ane heretrix." 

Sir 



SON OF THE PRECEDING SIR ALEXANDER, 

Sir William Keith of Gal/loun^ fo deicrlbed, is mentioned upon 
different occafions by Fordun, by Barbour, by Winton in his i 
Chronicles, and by Sir David Dalrymple in his Annals. In thefe 
Annals, Sir David, in giving an account of the fiege of Berwick in 
the year 13 1 8, has the following paragraph : " The garrlfon of the 
" caflle, and the men who had fled into it from the town, perceived 
" that the number of the Scots was fmall, and made a defperate 
" fally ; but they were repulfed, chiefly by the extraordinary valour 
" of a young Knight, SirWilliai?i Keith ofGalJioun'^ 

It was mofl: probably the fame Sir William Keith, who, in the 
year 1330, accompanied Sir James Douglas in his expedition to- 
wards Paleftine with the heart of Robert de Bruce. Vide Barbour, 
p. 438, where he mentions " Good Sir William Keth" as having 
been detained at home by a broken arm on the day when Sir James 
Douglas fell in battle, fighting againft the Saracens in Spain. And 
In p. 442, it is mentioned, that Sir William of Keth brought home 
the bones of Sir James Douglas, and the heart of King Robert de 
Bruce. 

This Sir William Keith was in 1333 appointed to the command, 
of the town of Berwick (Dalrymple's Annals, p. 193) ; and from the 
fame authority it appears that he was killed at the fiege of Stirling,, 
anno 1336. It is there faid, " That SirJ^ndrew Moray carneftly 
" prefixed on the fiege, but Sir IViltiam Keith, the favorite of the 
" army, having been fain, the Scots abandoned their enter- 
" prife." 

But Winton, in his Chronicles lately publifhed, from p. 2^1 to 
p. 238, gives an account of the fiege of Stirling undertaken by 
Robert the Stev^art in 1339, and exprefsly fays, that Sir William 
Keth of the Galftruae was at that fiege, and fell there in the year 
1339, at an affault that was made a little before the caftle furrender- 
ed to Robert the Stewart. The account given by Winton is very 
precife, and has the appearance of being accurate. 

The 



87 



gg SIR ALEXANDER STEWART OV DERNELEY, 

PART The ace of Tanet Keith at the time of her father Sir William 

L^— V ' Keith's death, in 1336 or 1339, has not as yet been dilcovered ; but 

as Sir William Keith diftinguifhed himfelf at the fiege of Berwick 
in I 318, and was at that time a Knight, which he could not be 
before the age of twenty-one, and as he was killed in the year 1336, 
or at the lateft in 1339, it may reafonably be fuppofed that his 
daughter Janet was at the time of his death, of an age to be 
marriageable in a few years thereafter ; allowing ten years after her 
father's death, may in the circumftances of the cafe be thought more 
than a fufficient allowance — that would bring the time of her being 
marriageable to the year 1346 or 1349. 

It is certain that Janeta Keith, the daughter of Sir William Keith 
of Galftoun, was twice married ; iirft to a perfon of the name of 
Hamilton, and afterwards to Alexander Stewart, the fon of Sir 
Alexander Stewart of Derneley ; and that fhe had feveral children 
by each of thefe marriages. And from the known ages of her 
children by Alexander Stewart of Derneley, her fecond hufband, fhe 
muft have been married to him before the year 1371. But fup- 
pofmg her to have been marriageable, and married to her firft 
hufband of the name of Hamilton about the year 1346, or even 
feveral years after that period, there was fufEcient time for the 
children of her firft marriage, and after the death of her firft 
hufband of the name of Hamilton, for her fecond marriage to 
Alexander Stewart, before the year 1 37 1 , and for the children of that 
fecond marriage. 

By the inaccuracy and blunders of fome of the genealogical 
writers, a degree of confufion has been introduced with regard to 
the two marriages of Janet Keith, and particularly with regard to 
the perfon of the name of Hamilton who was her firft hufband. 
Thefe inaccuracies require to be cleared up and corredted. 

Several of thefe genealogical writers, copying one after another, 
have ftatcd, that the firft hufband of Janet Keith of Galftoun, was 

Sir 



SON OF THE PRECEDING SIR ALEXANDER. 

Sir David Hamilton of Cadzow, the anceftor of the Duke of Kamll- 
ton's family ; and that fhe had five fons of the firft marriage, and 
precifely the fame numher of fons by the fecond marriage. One 
of thefe writers indeed, viz. Sir Ludovic Stewart, in his Colleftions, 
p. 285, has faid, that fhe was firft married to Sir Alexander Stewart 
of Derneley, to whom flie had five fons, and afterwards to the Lord 
Hamilton of Cadzow, to whom fhe bore fix fons. This account is 
fufficiently refuted by the proof already flated, of Alexander Stewart's 
having married her in her widowhood, and, by the proof to be 
hereinafter ftated, of her furviving her fecOnd hufband Alexander 
Stewart. 

Duncan Stewart and Sir Robert Douglas have faid, that Sir David 
Hamilton of Cadzow, the anceflor of the Duke of Hamilton, was 
her firfl hufband. But it is quite inconfiflent with eftabliflied dates 
and fadts to fuppofe that fhe ever was married either to the firfl: or 
to the fecond Sir David Hamilton of Cadzow. She could not poffi- 
bly have been the widow of the firft Sir David Hamilton of Cadzow, 
according to the accounts given by Crawford and by Sir Robert 
Douglas themfelves ; for Crawford fays, that the firft Sir David 
Hamilton of Cadzovvr married Margaret daughter of Walter Lcjlcy 
Ea?i of Rofs ; and that he. Sir David, left two fons, i. Sir David, his 
eldefi; fon and fucceffor ; 2. Walter Hamilton ; and that the fon. Sir 
David, fucceeded to his father in the year 1373. 

Sir Robert Douglas agrees with Crawford, that the firfl Sir David 
Hamilton of Cadzow married Margaret Lefley, daughter of Walter 
Earl of Rofs ; and he further adds, that this firft Sir David died in the 
year 1374. 

It appears therefore that if Janet or Johanna Keith was ever 
married to either of the Sir David Hamiltons of Cadzow, it could 
not have been to the firft Sir David Hamilton, who had for his wife 
Margaret Lefley, daughter of the Earl of Rofs. 

.N Crawford 




SIR ALEXANDER STEWART OF DERNELET, 

Crawford fays, that the fecond Sir David Hamilton married Janet 
Keith, by whom he received a great fortune, and liad by her five 
fons and one daughter. And Doughis fays, that the fecond Sir 
David Hamilton of Cadzow married Janet or Johanna Keith, 
daughter and heirefs of Sir William Keith of Galftoun. 

But Crawford, in his account of the fecond Sir David Hamilton* 
mentions a grant which he received in the year 1376 (in the feventh 
year of the reign of Robert II.) of the lands of Bothwell Muir ; and 
Sir Robert Douglas refers to two charters from the crown in favour 
of the fecond Sir David Hamilton, dated in the years 1375 and 1378, 
and adds in general terms, that he died before the year 1395. 

Thefe dates, particularly the dates of the charters in 1375 and 
1378, make it impoffible that the widow of this Sir David Hamil- 
ton could have been the perfon who married Sir Alexander Stewart 
of Derneley ; for of the marriage between Sir Alexander Stewart and 
Janet Keith, the daughter of Sir William Keith of Galftoun, there 
were many children who had attained the years of maturity before 
1 39 1, and in that year the daughter of that marriage was married to 
Thomas Sommerville, fon of William de Sommerville of Carnwath. 

If any perfon, taking it for granted upon the authority of thefe 
genealogical writers, that Sir David Hamilton of Cadzow really 
was the firft hufband of Janet Keith, fhould from thence argue that 
we muft doubt of Janet Keith's being the mother of John Stewart of 
Derneley, and of the other children of Alexander Stewart of 
Derneley, becaufe the time at which Sir David Hamilton of Cadzow, 
' her fuppofed firft hufband, died, does not admit of it ; the anfwer is 
obvious, that the afcertained fadts with regard to the children of the 
marriage between Alexander Stewart and Janet Keith, and the 
marriage of one of them in 1391, afford fure ground for concluding, 
that Sir David Hamilton of Cadzow was not the firft hufband of Janet 
Keith ; but the random affertions of fome inaccurate genealogical 

writers, 



SON OF THE PRECEDING SIR ALEXANDER. 91 

writers, without appealing to any evidence in writing, cannot eftablifli part 
the fad of Sir David Hamilton's having ever been the hulband of ,_. -L _j 
Janet Keith, the daughter of Sir William Keith of Galftoun, in op- ^° ^"'• 
pofition to the v.'eight of evidence on the other fide. 

But further, it will appear that this fuppofition of the genealogical 
writers abovementioned, has taken its rife from a miftake occafioned 
by a fnnilarity of names. Sir David Hamilton of Cadzow, the 
fecond of that name, the anceftor of the Duke of Hamilton, married 
indeed a perfon of the name of JaJict Kcilb, but it was not Janet 
Keith the daughter of Sir William Keith of Galftoun, but Jii/.'ct 
Keith daughter of Sir William Keith Maripall of Scotland \ and by 
her he had five fons and a daughter. It is exprefsly ftated by Craw_ 
ford in his Peerage, p. 188, that Sir David Hamilton of Cadzow 
married Janet Keith, daughter of Sir Willia^n Keith Marijhall of 
Scotland; while the fame author, p. 258, under the title of 
Stewart Duke of Lennox, ftates that " Alexander Stewart of 
" Derneley married Janet daughter and heir of Sir lVillia?n Keith of 
" Gal/loun.'" 

Thus it is plain that Janet Keith, the daughter of Keith Marifhall 
of Scotland, was a diiferent perfon from Janet Keith daughter of Sir 
William Keith of Galfoun. 

The tree of the family of Hamilton, kept in the Duke's houfe at 
Hamilton, exprefsly fays, that " David Lord Hamilton, (that is, Sir 
".David Hamilton of Cadzow,) fon of the former David Lord 
" Hamilton, married Lady Janet Keith, daughter of the Right 
« Honourable Earl Marfiall of Scotland:' 

A manufcript hiftory of the family of Hamilton, in the poneffion 
of Mr. Hamilton of Dalfeef, agrees in the fame account, that Sir 
David Hamilton married Dame Janet Keith, daughter to the Lord 
Keith. 

And another manufcript pedigree of the houfe of Hamilton, 

which feems to have been drawn up with great precifion by a Mr. 

N 2 Hamilton 




SIR ALEXANDER STEWART OF DERNELEY, 

Hamilton of the WiOiaw family, and was furnlfhcd to the author by 
Dr. Anthony Hamilton of that family, fpecifics 'that the fecond Sir 
David Hamilton married Janet daughter of Sir Edward Keith, Lord 
Mai-iflaall of Scotland. 

In Niibett's Heraldry, vol. ii. Appendix, p. i . there is a genea- 
logical account of Keith, Marifhall of Scotland, from the genealogi- 
cal hiftory of the family, and other documents, and in p. 5. of that 
account there is the following article : " Sir Edward Keith, Mari- 
" lliall, the fecond of that name, was by King Robert II. created 
" Lord Keith about the year 1380, as appears from charters yet ex- 
" tant in the family, all his progenitors being made knights on ac- 
" count of their office. We have no certain account whom he 
" married, only by a note of the initial letters of all the chiefs of 
" this family and their ladies painted in a hall of the caftle of 
" Dunoter, we find her pointed out thus, ' D. M. M. j' by her 
" he had Lord William, who fucceeded, and Janet, who married Sir 
*' David Hamilton, predeceflbr to the Duke of Hamilton." 

All thefe authorities concur in the material fadt, that Sir David 
Hamilton of Cadzow, the anceftor of the Duke of Hamilton, mar- 
ried a Janet Keith, daughter of Keith Marifliall of Scotland ; though 
fome of them have given to her father the name of William, and 
others that of Edward. Upon the whole, therefore, there can be 
no doubt that Sir David Hamilton of Cadzow did not marry Janet 
Keith, /Z?^ daughter of Sh- William Keith of Galftoun. 

Neither can there be any doubt that Janet, the daughter of Sir 
William of Galftoun, had married for her firft hufband a perfon of 
the name of Hamilton, who mofl probably was of one of the 
various collateral branches of the Hamiltons of Cadzow *. 

There 

• There is authentic evidence of many collateral brandies of the Hamiltons of 
Cailzow ; particularly it appears from the ilifTerent trees of the Hamilton family, 
that Sir Gilbert dc Hamilton, who obtained from Robert dc Brus a grant of the 

barony 



SON OF THE PRECEDING SIR ALEXANDER. g. 

There is pofitive and unqueftlonable evidence of Janet Keith's part 
having had two fons by that firfl: marriage, to wit, Andrew and <-'-_} 
WilUam ; but there is no certain evidence of her having had more ^' ^^^'" 
than thefe two fons, unlefs it be admitted that John de Hamilton of 
the Rofs was alfo a fon of her's. 

That Janet Keith of Galftoim had of her firft marriage two 
fons of the names of Andrew and William Hamilton, is pofitively 
proved by two charters in the Public Records at Edinburgh, viz.. 

Charter, dated loth February 1406, by Robert Duke of Albany Records, 
Governor of Scotland, confirming a charter dated nth December ° ^'" '^ 
1406, granted by Johanna Keith de Gallyftoun, to Andrew de 
HamiltoJi fon of the faid Johanna^ of certain parts of the lands of 
Gallyftoun in the barony of Kyle and fhire of Air. The charter 
confirmed is verbatim inferted in the charter of confirmation ; it 
begins thus : " Omnibus banc cartam vllaris vel audituris Johanna 



"barony of Cadzow, and who was killed at Bannockburn in 1314, had two fons 
whereof the elded was Sir Walter de Hamilton, and the ftcond was Sir John de 
Hamilton of Roflavcn, who in fome of the Genealogical Hiftories is defcribed as 
anceltor of the Hamiltons of Prefton and its branches. Sir Gilbert had alfo a fon 
of the name of Hugo, who is witnefs to a charter granted by John Logan, to which 
charter the witnefles are Walterus filius Gilbert!, et Hugo frater ejufdenj. This 
charter is in the pofleflion of the Robertons of Earnock. 

Sir "Walter de Hamihon, the fon of Gilbert, who fucceeded to his father in 13 14, 
and who obtained from Robert de Brus, a grant of the barony of Kinniel in 1324, 
and who appears to have been at the battle of Halidonhill in 1333, had alfo two 
fons, whereof the eldefl; was Sir David Hamilton of Cadzow, and the fecond, John 
Hamilton, who before the year 1369, as appears from two charters hereinbefore 
mentioned, had married Ehzabeth Stewart, filter of Sir John Stewart of Dernelcy ; 
and of that marriage the fon and heir was Sir Alexander Hamilton, who married 
Lady Elizabeth Stewart daughter of Thomas Stewart Earl of Angus ; from whom 
are defcended the Hamiltons of Innerweek, and the Earl of Haddington, &c. 

There is reafon to prefume that the firft hufband of Janet Keith of Galfloua 
was the firft mentioned John de Hamilton of RolTaven, fecond fon of Sir Gilbert de 
Hamilton, or his brother Hugo, or one of that family. 

6 « de 



• . SIR ALEXANDER STEWART OF DERNELEY, 

94 
PART " de Keth, Domina de Gallyfton falutem : — Noverkis me in libera 
^ "l _, " viduitatc mea, &c. dediffe et conceffifie, ct hac prefenti carta mea 
^> VIII. ^^ confirmafle, charijfimo fil'to mco Andrea de Hamilton^ pro fuo fer- 
" vitio et auxilio mihi impenfis et impendendis, omnes et fmgulas 
« terras mcas de Gallyflon infra fcriptis, fcilicet terras de Tholock 
" de Unermomunde, terras de Langfyde cum fervitio tenend' de 
" GolgofF, terras de Bryntwood, terras de Some, terras de Kylfton, 
*' terras de Dundebane cum pertinen' in baronia infra vicecomi- 
" tatum de Are." The telling claufe of the charter is in thele 
words : " In cujus rei teftimonium figillum meum prxfenti cartse 
" me^E eft appenfum apud Dalfeef, undecimo die menfis Decembris, 
*' anno Domini 1406. His teftibus, Domino Williehno de Cu- 
*' nyngham, tempore illo vicecomite de Are, Williehno Baillie 
" domino de Barnburne, WiUielmo de Dalziell domino ejufdem, 
" WiUielmo de Hamilton fdio meo^ Militibus, Hugone Cambell do- 
" mino de Loudoun, Johanne Senefcall jilio mea domino de Criiicki- 
" Jloun^ Jacobo de Conyngham, Johanne Campbell de Gallyftoun, 
*' cum multis aliis." 
Rccrrds, The other charter in the Public Records is dated 24th March 

jioiixi.N'^3?. ^^Q^^ jjj^^j ^-as gvanted by Robert Duke of Albany, in favour of 
*' Diledus confangulneus fuus Willielmus de Hamilton, Miles ;" 
by which he confirms " Donatlonem et conceffionem lllas quas 
" diledta confanguinea noftra Janeta de Kecht, domina de Gallyf- 
" toun in fua fimplicia viduitate conftituta fecit et conceffit diledio 
" confaiigulneo noftro WiUielmo de Hamylton^ Militiy Jilio fuo, de 
" omnibus et fingulls terris fuls villaj de Bathkat cum pertinen' 
" et de omnibus aliis terris fuls, cum pertinen' jacen' in domlnlo 
" de Bathkatte, in conftabulario de Llnlichtu infra vicccomltatum 
" de Edinburgh." 

Thefe two charters prove beyond dlfpute, that Janet Keith had 
hj her firft marriage to a perfon of the name of Hamilton, two 

fons, 



SON OF THE PRECEDING SIR ALEXANDER. 



9S 



fons, Andrew and William, to whom flie gave the lands feverally part 
above-mentioned. y^ - ' _j 

They further prove that Janet or Johanna Keith had furvived 
her fecond hufband Alexander Stewart of Derneley, and that he 
muft have died before the year 1406; for her charter, granted in 
that year, bears to have been granted in her pure widowhood. 

Thefe charters likewife prove that Johanna Keith had fons, 
both to her firft hufband of the name of Hamilton, and to her 
fecond hufband, Sir Alexander Stewart of Derneley ; for befides 
defcribing Andrew and William de Hamylton as her fons, (he 
Ukewife, in the telling claufe of her charter to Andrew de Ha- 
milton, defcribes John Stewart Lord of Cruickftoun as her fon ; 
which ferves to confirm the hiftory given concerning her two mar- 
riages, and her having children of both. 



Of the marriage between Sir Alexander Stewart of Derneley, 
and Janeta Keith, there were five fons and one daughter viz. 

I. John, who, upon the death of his father Sir Alexander, was 

promifcuoufly defigned of Derneley or of Crookifton; and 
who having gone to the wars in France to the aififtance of 
Charles the Vllth, received a grant of the lordfhip of Aubigny 
in France, and was killed during the fiege of Orleans in 
February 1428-9. 

II. William, who engaged with his brother John in the wars of 

France, and was killed in the fame battle during the fiege of 
Orleans. 

III. Alexander, fometlmes defigned of Torbane, and fometimes 

of GalUfton. 

IV. Robert, to whom his father Sir Alexander gave the lands of 
Newton of Weftoun in the fhire of Laaerk. 

V. James, 



y6 



SIR ALEXANDER STEWART OF BERKELEY, 

V. James, who is mentioned in the fame grant of thefc lands as 
; fori of Sir Alexander Stewart. 

And one Daughter, Janet, who, as above-mentioned, was married 
in the year 1391, to Thomas de Sommervill of Carnwath, and 
fubfcquent to the marriage received a charter of the lands of 
Camncthan proceeding from the gift of her father Sir Alexander 
Stewart of Derneley. 
Of the exifterice of thefe five fons of the marriage between 
Alexander Stewart and Johanna or Joneta Keith, there are un- 
queftionable proofs from old charters and other documents, over 
and above the teftimony of all the genealogical writers who have men- 
tioned thefe five fons, and in the order above fet down. In the 
fequel there will be occafion to ftate thefe proofs, according to the 
order of time in which they difclofe themfelves. 

There is ftill extant, and in the pofleffion of Mr. Hamilton of 
Wifhaw, an original decreet of the Baron Court of Camnethan, 
held at the Quarrel-hill on the 13th of Odober 1390, " Coram 
" Domino Alexandro Senefchallo Domino did^e Baronias," at the 
inftance of Sir Alexander againft John Franks of Frankefland, who 
obtained abfolvitor on the verdid of an inqueft, and the decreet 
bears that tlie witneffes prefent whh Sir Alexander upon this oc- 
cafion, were 

Nobiles et Potentes Viri. 
Dominus Willielmus de Somervell Dominus de I 

Carnwyth, ? Miiites. 

Johannes de Hamylton Dominus de Rofs, J 

WUliehius Senefchalliy 
Alexander Sen/call Dominus de CaWJlon^ 
Robcrtus Senefcball. 
, Willielmus de Montgomery et Hugo de Akeflon, cum aliis tef- 
tibus ad premilT. vocat fpcciallter et rogat. 

The 



SON OF THE PRECEDING SIR ALEXANDER. 

The bufinefs which gave rife to the above meeting in October i 
1390, appears to have been of fome pecuniary confequence to Sir ^_ 
Alexander Stewart of Derneley, who in the decreet is ftiled Lord 
of the Barony of Camnethan ; and it appears that he was perfonally 
prefent, and attended by fome of his neareft relations and friends. 

Of the feven perfons named as prefent, three of them were his 
own fons, Sir William Stewart, Alexander Stewart of Gallifton, 
and Robert Stewart ; another of them was Sir William de Sommer- 
vell, the father of Thomas de Sommervell, who in the year 1391 
became the fon-in-law of Sir Alexander Stewart ; - and there is reafon 
to think that John dc Hamylton LordofRofs, one of the witneffes who 
at this time attended Sir Alexander Stewart, was a fon of Janet Keith 
by her firft marriage with a perfon of the name of Hamilton *. 

In 

* John Hamilton of Roflaven, or Rofs, was, as ftated in feveral pedigrees of the 
Hamilton family, the fecond fon of Sir Gilbert de Hamilton, who obtained from 
King Robert Bruce a grant of the barony of Cadzow, and who was killed at Ban- 
nockburn in 1314. In point of chronology that John Hamilton might well be the 
firft hulband of Janet Keith of Galftoun, fuppofing her to have married fome years 
after h^-r father's death in j336or 1339- If her hufband was John Hamilton of 
Roffaven, their fon would naturally have the title of Roffaven, or Rofs, or de le Rofs . 
and we f e that one of the friends of Sir Alexander Stewart of Derneley, at the above, 
mentioneil meeting at Camnethan in 1390, where he feems to have been furrounded by 
his fons and connexions, was John de Hamilton Lord of Rofs. It is therefore natural to 
fuppofe, that he was the fon of the wife of Sir Alexander Stewart, Janet Keith, by her 
firft marriage with a psrfon of the name of Hamilton : if fo, he muft have been older 
Jhan any of her fons by Sir Alexander Stewart, and accordingly we fee that he is men- 
tioned before any of the three fons of Sir Alexander Stewart prefent on the fame occa. 
fion, and is defcribed as Miles, which was an honor given only at a certain age. 

What renders the above conjefture more probable is, that there is amongft the 
papers of Lord Hopeton's family at Hopeton Houfe, a charter of confirmation 
granted by Sir John Stewart of Derneley, the eldeft fon of the faid Sir Alexander 
Stewart, confirn ing a chartir granted by John, fon of Walter de Hamylton of 
the lands of BaliincriefF, in favour of his fon Alexander de Hamylton ; and in that 
charter of confirmition by Sir John Stewart of Derneley, the tefting claufe is in 
thefe words: " In cujus rei teftimonium figillum meum prefenti carts mea; con- 
" firmationis eft appenfum, his teftibus, Domino Johanne de Rofe Domino de 
" Hawkeds, Johanne de Hamilton de Bardowie, Johanne de Hamilton de Rofs, Mi- 
O «' litiiuSy 



97 



SIR ALEXANDER STEWART OF DERNELEY, 

In the Chartulary of Paifley, pages 239, 240, there is a charter dated 
-» in the year 1 397, granted byjohn Blair of Adamtown to the Monks of 
Paiflcy, to which one of the witneffes is " Robert Stewart fon of 
" Sir Alexander Stewart, Knight, Lord of Derneley." 

There is further evidence concerning Robert and James Stewarts, 
as being both of them fons of Sir Alexander Stewart of Derne- 
ley ; for in the Charter-room of Dryden, amongil the papers 
belonging to the families of Lockhart of Lees, and Lockhart of 
Carnwath, there are the following original charters : 

Charter by Alexander Stewart of Derneley in favor of his foil 
Robert Stewart and the heirs male of his body; whom failing, to 
James Stewart, another fon of Alexander Stewart of Derneley, and 
the heirs male of his body ; whom falling, to revert to Sir Alexander 
Stewart himfelf and his heirs, of the Five Pound Land of old extent 
of Newtoun of Weftoun in the barony and parilh of Wyftoun 
and fhire of Lanerk. 

This charter has no date, but the charter of confirmation thereof 
by James de Sandylands of Calder, the immediate fuperior of thefe 
lands of Wyftoun, in which the original charter by Alexander Stewart 
of Derneley is verbatim inferted, is dated the 7th of Odlober 1399. 

And there is further, amongft the title deeds at Dryden, a 
charter of confirmation by the Crown, dated i8th Odoberi399, 



«' litibusy Andrea de Hamyltoti, Alexandra Senefcliale fratribiii meisy et Hugone de Alder- 
" (Ion, cum multis aliis." 

The expredion of fratrihus tneis applies at lead to Andrew de Hamylton and 
Alexander Stewart, but it may likewifc be applicable to John de Hamylton of Rois, 
mentioned immediately before Andrew de Hamylton. If fo, then that would at 
once decide the point, that John de Hamilton of Rofs, who was witncfs to this 
charter by Sir John Stewart of Derneley, and who was alfo one of the friends prefent 
with Sir Alexander Stewart of Derneley at the Baron Court in 1390, was fon of 
Janet Keith by her firft hufband of the name of Hamilton, and would infer that 
her firfl hulband mult have been John de Hamilton of Roflaven, or Rofs, the fon 
of Sir Gilbert de Hamylton. 

I iu 



SON OF THE PRECEDING SIR ALEXANDER. 

ia which both the original charter by Alexander Stewart of Derneley, 
in favor of his fons Robert and James, and the confirmation thereof u 
by James de Sandielands, are verbatim ingrofled ; and as in thefe 
two charters of confirmation Sir Alexander Stewart of Derneley 
is not defcribed as then deceafed, it is prefumable that he was alive 
in the end of the year 1399. 

Thefe charters prove clearly that Robert and James were both 
of them fons of Sir Alexander Stewart of Derneley ; and as the 
charter in their favor gave the lands to Robert and his heirs male ; 
whom failing, to James and his heirs male ; whom failing, to return 
to Alexander Stewart himfelf and his heirs ; it is from thence pre- 
fumable that they were the youngeft of the fons of Sir Alexander 
Stewart ; the grant of thefe lands of Newtoun of Wyftoun being 
meant as a provifion to them fucceflively. And this agrees with 
the account given by Duncan Stewart and the other hiftorians, who 
have placed Robert and James Stewarts as the youngeft of the 
fons of Sir Alexander Stewart of Derneley, of his marriage with 
Janet Keith ; though fome of thefe hiftorians had exprefled a doubt 
concerning the fon James, becaufe they had feen no evidence to 
afcertain the exiftence of a fon of the name of James. 

With regard to Alexander Stewart, the third fon of Sir Alexander 
Stewart of Derneley, the faid decreet of the Baron Court of Cam- 
nethan in 0£lober 1390, where Alexander is defcribed Dominus de 
Galliftoun, and placed immediately next to William Stewart, would 
of itfelf afford a ftrong prefumption at leaft of his being one of the 
fons of Sir Alexander Stewart of Derneley ; but this prefumption 
meets with a complete confirmation from a charter granted by Sir 
John Stewart of Derneley, the eldeft fon of Sir Alexander, in favor of 
John de Hamilton, fon ot Sir Walter de Hamilton, in the beginning 
.of the 15th century ; to which charter Alexander Stewart is one 
02 of 



99 



SIR ALEXANDER STEWART OF DERNELEY, &?. 

of the witneffes, and is defcribed as brother of Sir John Stewart of 
) Derneley, the granter of the charter. 

Thus, then, complete legal evidence in writing has been given of 
the exiftence of four of the younger children of Sir Alexander 
Stewart of Derneley, to wit, Alexander, Robert, and James Stewarts* 
three of the younger fons, and one daughter, Janet, married in 1391 
to Thomas de Sommerville. All thefe were children of the mar- 
riage between Sir Alexander Stewart of Derneley and Janeta, Jo- 
hanna, or Johanneta Keith or Keth of Galftoun ; for in different 
charters and other deeds fhe is thus varioufly named or defcribed *. 

It remains therefore, only to ftate the proofs relating to Sir John 
Stewart of Derneley, the eldeft fon of the marriage between Sir 
Alexander Stewart of Derneley and Janet Keith ; and thofe relating 
to his immediate younger brother William Stewart. 

In the fequel it will appear how material it is to afcertain that Sir 
Alexander had two fons of the names of John and William, whereof 
John was the eldeft, and William the fecond of his fons, and to 
prove that each of thefe fons left defcendants in the male line, point- 
ing out at the fame time who thefe defcendants were. 

To thefe objects the remainder of this Genealogical Hiftory will 
be confined. 

* There are many inflances both in England and Scotland of the words Janeta, 
Johanna, and Johanneta being made ufe of promifcuoudy to exprefs the fame name. 
There is a declaration of the Court of King's Bench in the 3 2d of Elizabeth, by which 
it was agreed that Jane and Joan were all one. Janet is a diminutive of Joan, as 
little or pretty Joan. Vide p. 159 of the Hiftory of Weflmorelaud by Nicholfon and 
Burn. 



GENEALOGICAL HISTORY 

OF 

"THE STE WARTS. 



PART THIRD. 



Containing the Proofs relating to Sir JOHN STEWART 
of Derneley, eldeft Son of Sir Alexander Stewart, 
and the firft Lord of Aubigny in France of the 
Stewart line ; and alfo thofe relating to his Brother 
William, both of whom engaged in the Wars in 
France, where they loft their lives in the fame battle 
during the fiege of Orleans in February 1428-9. 



NINTH GENERATION. 

BRANCH FIRST. 

Concerning Sir JOHN STEWART, and his Brother Sir 
WILLIAM, before their Expedition to France. 

SIR Alexander Stewart of Derneley was alive in the year part 
1399, as appears from the charter before-mentioned, (in Part , j"' 
Second,) granted by him in favour of his fon Robert Stewart, of the ^^ ^^• 
Lands of Newtoun of Wyftounj and from the two charters of Branch i. 

confirmation 



SIR JOHN STEWART OF DERNELEY, 

confirmation thereof, the one by James de Sandielands of Calder, 
I dated 7th Odober 1399, and the other by King Robert III. dated 
18th Odober 1399; in both which Charters of Confirmation, Sir 
Alexander Stewart is mentioned without defcribing him as a perfon 
then deceafed. But it is certain that he died within a fhort fpace 
after that period ; and that his wife Dame Janet Keith, or Keth, 
furvived him. 

Sir John Stewart of Derneley^ fo defcribed, is witnefs to a charter 
or grant, dated 5th May 1404, by Robert Duke of Albany to 
Colin Campbell Lord of Lochow of the lands of Strathachy, 
within the barony of Cowal-Stewart *. This defcription of him 
fhews that on the 5th of May 1404, he was the proprietor of the 
Derneley eftate, confequently that his father Sir Alexander Stewart 
of Derneley had died before that time. But if there ihould be 
any doubt on that point, the charter before-mentioned, dated nth 
December 1406, granted by Janet Keith in favour of her fon 
Andrew de Hamilton, of certain parts of the lands of Galftoun, 
puts it out of doubt, that Sir Alexander Stewart had died before 
that period at leaft ; for the charter declares that Janet Keth, the 
granter of it was then in her widowhood. The witnefles to that 
charter by Janet Keith, are two of her fons, who are thus defcribed : 
" Willielmus de Hamyltoun, filius meus. Miles j et Joannes Senef- 
" callus, filius meus, dominus de Cruickfton." 

Though the title and poflefTion of Cruickfton, or Derneley, 
(which meant the fame thing,) did not belong to Sir John Stewart 
till after the death of his father Sir Alexander ; there can be no 
doubt, that even during his father's life, he was in poffeffion of 
landed eftates, and from one or other of thefe would have a title 
during his father's life. 

• This charter is mentioned by Craufurd in his OfHcers of State, p. 42 ; and he 
there refers to it as in the pofleflion of the Duke of Argyle. 

If 



AND HIS BROTHER SIR WILLIAM STEWART, 

If this matter were left merely to conjedure, there wotild be 
reafon to prefume it from the follov/ing circumftances : Fli"ft, That 
it is known with certainty that during the Ufe of Sir Alexander 
Stewart, the Derneley family had very great and extenfive pof- 
feilions in feveral different counties in Scotland. Secondly, That 
it is proved from ancient charters flill extant, and from the Records, 
that Sir Alexander Stewart had, during his own life, given eftates 
in land to his younger fons Alexander, Robert, and James, and 
to his daughter Janet, upon her marriage ; whence it muft rea- 
fonably be inferred, that he had alfo given eftates in land to his 
two eldeft fons Sir John and Sir William, 

The following eftates unqueftionably belonged to the Derneley 
family at that period ; 

In the county of Renfrew, they had the lands of Cruickifton, or 
Cruickinfee, and others, commonly known under the defcrip- 
tion of the Derneley Eftate. 
In the county of Lanark, they had the lands and eftate of Camne- 
than ; the Five Pound Land of Newton of Wyfton ; feveral 
lands in the lordftiip of Avendale, and others. 
In the county of Air, they had the eftate of Galftoun, acquired by 
Sir Alexander Stewart's marriage with Janet Keith of Gal- 
ftoun, befides the lands of Dreghorn and others, which had 
belonged to Sir Alan Stewart of Deghorn, one of the anceftors 
of the Derneley family. 
In the county of Linlithgow they had the lands of BallincriefF, 

Bathgate, Torbane, and various other lands. 
In the lordftiip of Annandale and county of Dumfries, they had 
the lands called the Two Thirds or Forty Merk Lands of 
Caftelmylke, and the Ten Merk Lands of Brommel, held by 
them immediately of and under the Lords of Annandale. 
The 'ands and eftates of Cafliltoun in the fhire of Lanark, 
and of Finnart, or Finnart-Stewart in the flaire of Renfrew, 

appear 




I04 

PART 



SIR JOHN STEWART OF DERNELEY, 

appear alfo to have belonged to the Derneley family, at 
leaft to one of the branches of that family, at a very ancient 
period. 

It has been flievvn that on the marriage of Sir Alexander's 
daughter Janet to Thomas de Sommerville, fon and heir of William 
Sommerville of Carnwath, Sir Alexander gave to her and her 
hu{band in the year 1391, and the heirs of the marriage, the va- 
luable barony of Camnethan in Lanarkfhire, which of itfelf fliews 
that he muft have been an opulent man, as he had at that time 
five fons to provide for. 

It has alfo been fhewn that part of the lands of Galfloun had, 
before the year 1390, been given to Alexander the third fon, as he 
was defigned Dominus de Galfloun in the decree of the Baron Court 
at Camnethan that year. 

And that the Five Pound Land of Newton of Wyfton was in 
the year 1 399, given by Sir Alexander to his two youngeft fons 
Robert and James fucccfTively ; and failing them and the heirs 
male of their bodies, to return to Sir Alexander Stewart and his 
heirs ; thefe lands being evidently meant as a provifion for thefe 
two younger fons Robert and James. 

It cannot, therefore, be doubted, that Sir Alexander had in his 
own lifetime made fome provifion for his two eldeft fons, Sir John 
and Sir William Stewarts, which furely would not be lefs con- 
fiderable than what he had given to his youngeft fons, efpecially 
as both Sir John and Sir William had a certain rank and cha- 
rader to fupport, both of them having at an early period at- 
tained the honor of Knighthood ; an honor highly prized in 
thofe days. 

The proprietors of lands in ancient times had not much circu- 
lating cafli or pcrfonal eftate to give away ; it was by grants of 
lands that they generally made provifion for their children. Thefe 

grants 



AND HIS BROTHER SIR WILLIAM STEWART, j^- 

grants were fometimes made abfolute ; fometimes redeemable on part 
payment of a fum fpecified ; and fometimes with claufes of return «_ - -' _> 
to the eldeft branch of the family and their heirs, on failure of the ^lif ' 
grantee and the heirs male of his body ; and they were generally Branch i, 
given to be held of and under the eldeft branch of the family, the 
granter and his heirs. 

It was in Sir Alexander Stewart's own lifetime that his eldeft 
fon Sir John married Elizabeth, fecond daughter of Duncan Earl 
of Lennox — a noble alliance : in confequence of which, the eftates 
of the Earldom of Lennox afterwards came to the Derneley family. 
That marriage happened about the year 1392 * ; and it furnifhes an 
additional reafon for prefuming that at that time Sir John Stewart 
■Was either put in poffeflion, or already had been in poflefrion of 
lands and eftates of confiderable value. This would have been made 
more apparent if the contrail of marriage, hitherto fought after in 
vain, had been difcovered. 

There is an unfortunate chafm in the Records of Scotland appli- 
cable to the period in which Sir Alexander Stewart lived, as well 
as during feveral of the years which preceded and followed that 
period ; many original charters and other ancient papers have pe- 
riftied from the injury of time : and the chartularies and other papers 
relating to the lordlliip of Annandale, in which the lands of Caf- 
telmilk lie, have either been loft or miflaid, at leaft not yet dif- 
covered, otherwife it would have been more eafy to fpecify the 

* Duncan Earl of Lennox had three daughters, whereof the eldeft, Ifabel, married 
'in 1392 Murdoch, fon and heir of Robert Duke of Albany; for which reference 
is made to an indenture 17th February 1391-2, between Duncan Earl of Lennox 
and Robert Earl of Fife, (afterwards Duke of Albany,) in the poflifiion of the Earl 
of Panmure. Margaret, the youngeft daughter married in 1392 Robert Monteith 
■of Rufcy •, as appears from the papers in the conteft for the Earldom of Lennox. 
The precife date of the marriage of Elizabeth the fecond daughter, to Sir John 
Stewart of Derneley, has not yet been learnt with certainty, but it is prefumed to 
iiave been in or about the fame year (1392). 

P feveral 



jo5 SIR JOHN STEWART OF DERNELEY, 

PART fevcral lands which were granted to and enjoyed by Sir John 
I— — v.— ^j Stewart and by his brother Sir William during the lifetime of their 
— - father, and to have fhewn in what manner they were granted. But 
'^■"'''^" ■ notwithftanding thefe difadvantages it will be fhewn ia the fequel, 
that in the courfe of much inveftigation occafional difcoveries have 
been made of fome ancient original papers, which clearly indicate 
fome of the lands which belonged to and were enjoyed by Sir John 
Stewart and his brother Sir William during the life of their father 
Sir Alexander Stewart of Derneley ; and particularly that this is 
the cafe with regard to the Forty Merk Lands of Cajlelmilk in An- 
nandale^ commonly defcribed the Tiva-part of the lands of Caflel- 
jnilk, held of the Lords of Annandale ; and the lands of Clump- 
ton and others in" the barony of Avendale, held under the Lords 
of the barony of Avendale in Lanarkfliire. 

Amongft the Derneley papers in the pofTeiTion of the Duke of 
Montrofe there has been found an original indenture or deed of 
obligation, dated in the year 1387, in which Sir John Stewart (who 
after the death of his father Sir Alexander became Sir John Stewart 
of Derneley) is defigned Sir John Stewart Lord ofCafelmylke. The 
deed wherein he is fo defigned is dated at Both well in May 1387, 
and was granted by William de Sandielands, fon of the deceafed John 
de Sandielands Lord of Erreckbryne, wherein he acknowledges him- 
felf tobe bound to a nobleman, Sir John Stewart Lord of Caftelmylke, 
*' Nobili viro Domino Johanni Senefchall Domino de Cofelmylke^'' 
in one hundred merks fterling good and lawful money, &c. j and 
he thereby grants to him " a certain annual fum to be paid out of 
•' certain lands until he fliould pay to the faid John Stewart the faid 
" one hundred merks fterling, at a term of Whitfunday, at the 
*' parifh church of Camnethan." From this it appears probable 
that Sir John Stewart then refided at Camnethan, which belonged 
to his father Sir Alexander Stewart, as has already been mentioned. 

Sir 



AND HIS BROTHER SIR WILLIAM STEWART. 107- 

Sir John Stewart could not poffibly have been defigned Lord of p a r t 
Caftelmylke in 1387, if at that period he had no connexion with c -.- m J 
thefe lands of Caftelmylke. '■ 

But in confirmation of the propriety of that defignation or de- S''^'"'''* ^' 
fcription, there has been difcovered in the fame repofitory of the 
Derneley papers in the Duke of Montrofe's poffeflion, an original 
paper executed upon the 24th of Odober 1470, by Alexander Duke 
of Albany, under the title and defcription of Lord of Annandale, 
by which he grants to his beloved coufin John Lord Derneley, 
(who was grandfon of the faid Sir John Stewart of Derneley,) 
1950 merks to be uplifted out of the T-wa-part of the lands of Caf- 
telmylke and Brummell, lying within his lordfhip of Annandale, 
and being in his hands as Lord of Annandale, all the time of thirty- 
nine years bygone fmce the deceafe of Sir John Stewart of Derneley, 
in default of entry of the faid Sir John's heirs. 

This authentic deed granted by the Duke of Albany as Lord of 
Annandale, amounts to an exprefs declaration and proof that thefe 
lands of Caftelmylke and Brummel had belonged to Sir John 
Stewart of Derneley, (who was killed in France in the year 1429,) 
held by him immediately of and under the Lords of Annandale, 
and that he was at the date of the grant, in 1470, the laft vafTal who 
had made up his titles to them in a proper feudal manner by in- 
veftiture from the fuperior the Lord of Annandale ; in confequence 
of which negledl of his fucceflbrs, the lands had been in non-entry 
for the fpace of thirty-nine years bygone fmce his deceafe. 

The import and confequence of this deed from Alexander Duke 
of Albany as Lord of Annandale, in favcr of John Stewart Lord 
Derneley, the grandfon of Sir John Stewart of Derneley, will be 
more particularly ftated in Part IVth, No. XL relating to that John 
Stewart Lord Derneley, where there will be occafion to ftate in what 
manner he made up his titles to the lands of Caftelmylke, and other 
lands which had belonged to his grandfather Sir John Stewart. 

P 2 It 



SIR JOHN STEWART OF DERNELEY, 

It is fufficient in this place to take BOtice that the two original 
j papers abovementioned, and various other particulars of evidence to 
be hereinafter ftated, afford complete and fatisfadory proof that the 
forty merk lands of Caftelmylke in Annandale did adually belong to 
Sir John Stewart, the eldeft fon of Sir Alexander Stewart of Derne- 
ley, and that he Sir John Stewart had made up his titles to thefe 
lands, and had been received by the Lord of Annandale as his vaffal 
therein. 

At what precife period it was that Sir John Stewart thus made up 
his titles to thefe lands of Caftelmylke, and was received by the 
Lord of Annandale as his vaflal therein, cannot now be afcertained, 
as the records and chartularies which belonged to the ancient lord- 
Ihip and regality of Annandale have been either loft or miflaid, and 
moft of the title deeds in favour either of Sir Alexander Stewart of 
Derneley, or of his two fons Sir John and Sir William Stewarts, have 
perifhed, or at leaft have not hitherto been traced to the repofitories 
of thofe who may happen to be pofTeffed of them j but it is mofl; 
probable that Sir John Stewart had made up his titles to thefe lands 
of Caftelmylke before the year 1387, as it appears that in that year 
he was defigned Lord of Cqftebnylke. 

But it is certain that the property of thefe fame lands of Caftel- 
mylke was, at fome period between the year 1387 and 1398, tranf- 
ferred to Sir William Stewart, the fuperiority of thefe fame lands 
remaining with the faid Sir John Stewart ; for while Sir John and 
all the defcendants from him continued to hold the lands of Caftel- 
mylke immediately of and under the Lords of Annandale, Sir Wil- 
liam Stewart, and all the defcendants from him who inherited the 
property of the lands and eftate of Caftelmylke in Annandale, uni- 
formly held thefe lands of and under Sir John Stewart of Derneley,. 
and his defcendants Lords Derneley and Earls of Lennox, as will 
manifeftly appear from the charters and precepts of clare conftat to 
be hereinafter mentioned. 

The 



AND HIS BROTHER SIR WILLIAM STEWART. 

The precife time when the property of the lands of Caftehnylke 
was transferred to Sir William Stewart does not now appear, but 
it is certain that it muft have been before the year 1398, for 
in that year he was defcribed " Willielmus Senefchall de Caf- 
" telmylke. Miles." This was upon a memorable occafion, when 
under that defignation he was one of the fureties given on the part 
of Scotland for the prefervation of the peace of the weftern marches, 
in confequence of a truce or treaty of peace agreed upon be- 
tween England and Scotland in the year 1398, which is preferved . 
in Rymer's Fcedera, tom. viii. p. 58. The other perfons therein 
mentioned as fureties along with Sir William Stewart were Sir 
John de Johnfon (anceftor of the Marquis of Annandale), Sir 
John Carlile, &c. which fhews that the fituation in which Sir Wil- 
liam Stewart then appeared as one of the fureties for keeping the 
peace of the weftern marches of Scotland, where the lands of Caftel- 
milk were fituated, was confidered as an honourable employment, 
and fuitable for a fon of Sir Alexander Stewart of Derneley, and 
a brother of Sir John Stewart. 

From and after the year 1398, the title of Caftelmilk remained 
with Sir William Stewart and his heirs, of which many inftances 
and proofs will be given in the fequel. 

It is plain that the grant of the property of the lands of CafteU 
mylke in favour of Sir William Stewart had not proceeded diredly 
from the Lords of Annandale, otherwife the lands would have been 
given to him to be held, not under another fuperior, but immediately 
of and under the Lords of Annandale themfelves ; and the renewal 
of the inveftitures to the heirs of Sir William Stewart would have 
proceeded from them. But it is certain that neither Sir William 
Stewart, nor any of the defcendants from him ever received any 
charter or precept of clare conftat from the Lords of Annandale. 
On the contrary, that they uniformly held the lands of Caftelmilk 
immediately of and uudcr the defcendants from Sir John Stewart of 
8 Derneley,, 




10 SIR JOHN STEWART OF DERNELEY, 

PART Derneley, the Lords Derneley and Earls of Lennox, and from them 
J. , received the inveftitures under which they enjoyed the lands. 

N" IX. 

" Hence it follows, that when the firft Sir William Stewart of 

jR.^NCH I. Caftelmilk got the property of thefe lands, it muft have been by a 
grant either from his father Sir Alexander Stewart of Derneley, or 
by a grant from his elder brother Sir John, who in the year 1387, 
had been defigned Lord of Cajlelmylke. Whether the grant pro- 
ceeded from the father or the brother, the lands of Caftelmylke have 
been given to William to be held by him and his heirs immediately 
of and under the granter and his heirs ; and in this way it naturally 
and neceflarily happened that the firft Sir William Stewart, and all 
the defcendants from him uniformly held thefe lands of Caftelmilk 
of and under the elder branch of the family, the Stewarts of Derneley 
and the Earls of Lennox, who were the heirs both of Sir Alexander 
and of Sir John Stewart of Derneley ; while at the fame time the 
Stewarts of Derneley and the Earls of Lennox continued to hold 
thefe fame lands of Caftelmilk of and under the Lords of Annandale, 
and received from them the renewals of the inveftitures for thefe 
lands, till upon the annexation of the Lordlhip of Annandale to the 
crown in the year 1487, upon the forfeiture of the Duke of Albany 
the laft Lord of Annandale, the Derneley and Lennox family became 
vaflals to the Crown for thefe lands of Caftelmilk, and after that 
period received their charters and infeftments of them diredlly 
from the Crown. 

Though it makes no difference as to the refult of the prefent in- 
quiry, whether it was from Sir Alexander the father or from Sir 
John Stewart the brother, that Sir William Stewart received the 
grant of the property of the lands of Caftelmilk, yet the moft pro- 
bable conjedure is, that it was from Sir John Stewart the brother 
that he received that grant ; for it has been fliewn, that fo early as 
the year 1387, Sir John was Lord of Caftelmilk, which muft have 
happened cither in confcquence of a grant from his father Sir 

Alexandei; 



AND HIS BROTHER SIR WILLIAM STEWART. m 

Alexander Stewart, or in confequence of a grant from the Lords of part 

Annandale. Whether it was in the one fhape or in the other, any , S- 1 

grant of the property of thefe lands after the year 1387 muft have ' , 

proceeded from Sir John Stewart ; and as it was feveral years after i^'^a'^ch i. 
the year 1387 before Sir William Stewart appears to have been de- 
figned of Caftelmilk, it is reafonable to conclude that the grant in his • 
favour of the property of thefe lands proceeded from his elder 
brother Sir John*. 

It appears from the inveftitures of the lands of Caftelmilk granted 
by the heirs of Sir John Stewart to the heirs of Sir William Stewart, 
that the lands had been originally given off to Sir William Stewart 
to be held by the military tenure of wardholding, and Sir William's 
heirs continued to hold them by that tenure till the year 1579, when 
the tenure of thefe lands was changed from the wardholding by a 

* There is more than one inftance hi the Derneley family of the elder brother making 
a grant of lands in favouv of a younger brother, under condition that the lands were 
to be held of and under the granter and his heirs, and likewife under the condition, 
that the lands were to be enjoyed by the grantee and the heirs male of his body, 
whom failing, to return to the granter and his heirs. Thus in 1450, there was a 
charter dated 13th of May 1450, granted by John Stewart Lord of Derneley, by which 
he gave to his deareft brother Alexander Stewart, all and haill his lands of Dreghom 
in the (liire of Air, " pro fuis fervitiis concilio et auxilio mihi fspius impenfis et im- 
" pendendis'; tenend' & habend' prsedido Alexandro et ha;redibus fuis mafculis de 
<' corpore fuo legitime procreatis vel procreandis. Quibus deficien' mihi & hieredibus 
" meis quibufcunque, de me et hseredibus meis in feode," &c. This grant by John 
Lord Derneley to his brother Alexander, was confirmed by crown charter i6th of 
May 1450, in the Public Records, Book iv. N° 23. 

It was moft probably by a grant in fimilar terms, and whh a fimilar limitation to 
heirs male of the grantee, that the lands of Caftelmilk in Annandale were originally 
given by Sir Jolr.i Stewart of Caftelmilk and Derneley, to his immediate next brother 
Sir William Stewart. 

In the year 1452, the faid Alexander Stewart further received from his brother the 
faid John Stewart, a grant of the lands of Gallifton in the {hire of Air, as appears from 
a charter of confirmation thereof from the crown, dated 27th of June 1452, in the 
Public Records, Book iv. N° 296. 

charter 



SIR JOHN STEWART OF DERNELET, 

charter of novodamus from Robert Earl of Lennox in favor of 
.Archibald Stewart of Caftelmiik : accordingly it will be found 
in the fequel, that Sir William of Caftelmiik was the conftant 
and faithful attendant of his brother Sir John in his military expedi- 
tions. This increafes the probability that it was from Sir John that 
the grant proceeded, efpecially taking into the account the ftrong 
friendfhip and attachment that appears to have fubfifted between thefe 
two brothers ; of which very ftriking proofs will be given in .fubfe- 
quent parts of this Genealogical Hiftory, vsrhere it will be (hewn that 
they embarked together in the fame military expeditions ; that they 
both went with a body of troops to the afliftance of Charles VII. of 
France, where they diftinguiflied themfelves in an heroic manner, 
and loft their lives in the fame battle, during the liege of Orleans in 
1429 ; the one brother having facrificed his life in endeavouring to 
refcue the other when wounded and overpowered by the enemy's 
troops. 

Of the adtions or exploits of Sir John Stewart of Derneley, or of 
his brother Sir William Stewart, from the time of the death of their 
father Sir Alexander Stewart of Derneley, about the year 1403, 
very little is known till the time that they went to France in the year 
1420, to the aftiftauce of Charles VII., then Dauphin of France *. 

* As Sir John Stewart of Derneley was the elded Ton of Sir Alexander Stewart of 
Derneley, from whom he inherited great eftates in different parts of Scotland ; and as 
he married early in life a daughter of a powerful nobleman, Duncan Ea^l of Lennox, 
and lived till the year 1429, there is reafon to think tliat in many authentic deeds dill 
extant in Scotland, the names both of Sir John Stewart and of his brother William 
will be found either as granters of deeds, or as witnefTes to deeds executed by fome of 
the noble perfons with whom they were nearly connected. Only a few of thefe 
however have hitherto been dlfcovered either in the Public Records or in the private 
. repofitories of individuals. 



AND HIS BROTHER SIR WILLIAM STEWART. 115 



BRANCH SECOND. 

Proofs relating to Sir John Stuart of Derneley, and 
his Brother Sir William Stuart, after their arrival 
in Fra7tce in 1420, down to the time of their death in 
1429, taken from the Records in France, and from 
the concurring Teflimony of the beft French Hiftories 
of that Period, 

SUCCOURS were fent from Scotland to the afliftance of Charles the part 
Dauphin of France about the year 1420 ; and at that period they were 1 — -^"^ 

of the utmoft confequence to that opprefled young Prince, then in a ," 

very fingular and critical fituation.— Though the natural and un- Branch ir. 

doubted heir to the crown of France, as only fon of Charles VI. then 

drawing near the clofe of his life, he had the mortification to find him- 

felf perfecuted by the implacable hatred of his mother, who had under 

her government her hulband Charles, who was fubjed to alternate 

turns of phrenzy or imbecility, and incapable of ading for himfelf. 

The Dauphin found himfelf perfecuted at the fame time by the refent- 

ment and jealoufies of the Duke of Burgundy, and other powerful 

enemies ; and excluded from the fucceflion to the crown of France 

by the treaty of Troyes, concluded on the twenty-firft of May 1420, 

with the victorious Henry V. of England. 

By that treaty it had been agreed by Charles VI. or by the 
Queen and the Duke of Burgundy ading in his name, under au- 
thority from him, that Madame Katherine the daughter of Charles VI. 
fhould be given in marriage to Henry of England, who had already 
fubdued great part of Normandy and of other provinces in France : 
and it was declared that the King of England and his heirs for ever 
were the lawful heirs of the crown of France, to be perpetually and 
indivifibly united with that of England j referving to Charles VI. 




SIR JOHN STUART OF DERNELEY, 

the enjoyment of it for his life; during which period, Henry, on 
account of the incapacity of Charles,, was, under the title of regent, to 
exercife the fundtions of government. 

The marriage thus ftipulated was celebrated on the fecond of June 
1420 at Troyes, from whence Henry of England proceeded to Paris, 
taking care in his rout to reduce to fubmifTicn the towns which were 
in the intereft of Charles the young Dauphin. 

On the firfl Sunday of Advent in 1420, Henry entered Paris in a 
triumphant manner, accompanied by Charles VI. and his Queen, 
and their Court, and by the Duke of Burgundy. The people of 
Paris gave their acclamations, covered their ftreets with tapeftry, and 
continued their feafts and rejoicings for four fucceffive days. The 
treaty of Troyes was accepted and confirmed at Paris by the oaths 
of allegiance of the citizens ; and the greatefl; part of the towns of 
France had followed the example of the capital. 

In the King's council, and in the parliament of Paris an arret was 
pronounced on the third of January 1420-21, by which the Dauphin 
was deprived of all fucceffion, honours, and dignities in France, and 
all his fubjeiSls and vaflals liberated from their oaths of feodality or 
allegiance to hirn. 

. From this unjufl: arret Charles the Dauphin, then at Poidiers, ap- 
pealed to God and to his fword. He fent ambafladors to all the 
princes in alliance with the kingdom of France to fupplicate affift- 
ance ; and particularly fent ambafladors to Scotland, of whom the 
Duke de Vendome was one, trufting that from the ancient alliances 
with Scotland, the mofl: ready and effedual ailiflance might be ex- 
peded from that country. 

The confequence of that embafly was, that the regency and flatcs 
of Scotland, notwithftanding that James their fovereign was then 
detained a prifoner in England, agreed to aflift France with a 
refpedable force to the amount of feven thoufand well chofea 
troops, under the command of leaders of the firfl diftindion in rank 
and charader ; of which number there ijere John Stewart Earl of 

Buchan^ 



AND HIS BROTHER SIR WILLIAM STUART. 

Buchan, fecond fon of Robert Duke of Albany governor of Scot- 
land, Archibald Earl of Wigton, eldeft fon of Archibald Earl of 
Douglas, and Sir John Stuart of Derneley. 

To Sir John Stuart of Derneley, the honour and trufl of Confta- 
ble of the Scots army in France was committed ; and there is reafon 
to think that the ambafladors from France had received par- 
ticular inftrudlions for requefting the aid of Sir John Stuart per- 
fonally, and his friends and. followers ; for in the lettres patentes, 
hereinafter mentioned, granted in March 1422 by Charles VII. 
the King particularly mentions that it was at his folicitation and 
requeft that Sir John Stuart of Derneley had come from Scotland 
to France, bringing with him a great company of men at arms and 
archers, at an eflential period, when their alliftance was much needed 
by him. 

The precife y«ar in which this expedition to France took place 
has bee^ differently related by the different Englifh and Scottifh 
author^, fome of them placing it in the year 1419, others in 1420, 
and others in 1421 * ; but this point is more accurately ftated in the 
annals and records kept in France, particularly in the " Chroniques 
" et Annales de France par Nicole Giles, Secretaire du Roy, revues 
" et corrigees par Belleforet Commongeois," printed at Paris anno 
1621, in folio. In the chapter relating to the events of the years 
1420 and 142 1, folio 327, verfo, there is the following paragraph : 

" En France vinrent au fecours de Monfeigneur le Dauphin plu- 
" fieurs grands Seigneurs d'Ecoffe avec grande arme'e dont etoient 

* There is a deed executed by Sir John Stuart of Derneley in Scotland, in September 
1419, which fliews that he had not then fet out for France. It is dated 2 id Sep- 
tember 1 4 19, by which John Stuart therein defcribed Lord of Derneley mortifies to the 
Predicant Friars ofGlafgoiu two bolls of corn and two bolls of bear from the mains of 
Cruxton, and two bolls of meal from the mill of Derneley. 

This deed is in the pofleffion of tlie Univerfity of Glafgow, who fucceeJed to the 
revenues of the Predicant friars of Glafgow. 

0^2 « COU- 




J, 5 SIR JOHN STUART OF DERNELET, 

PART " condudteurs et chefs le Comte de Bcuc^u. et ie Vi£lon, et 

L -.- _j " Mcflire Jean Stuart Connejiabk d'Efco/Je ; lefquels guerroyoient 

N^\. jj ^^^^ centre les Anglois, et fut parceque leur roi etoit lors detenu 

Branch II. « prifonnier en Angleterre, et I'annee enfuivante le roi d'Angleterre 

" amena en France le roi d'Ecofle en intention que les Efcoflbis qui 

" etoient avec le Dauphin fe retournaflent avec lui, mais ils n'en 

*' voulurent rien faire et toujours tinrent le parti de Monfeigneur le 

" Dauphin qui pour lors avoit pris nom et titre de regent." 

The remarkable fervnces rendered to Charles VII. of France by the 
troops which went from Scotland to his affiftance, and by their 
leaders, are afcertained by the concurring teftimony of the French, 
Englifh, and Scottifti hiftorians; and it is admitted that to their 
o-allantry and efforts Charles was chiefly indebted for the firfl fa- 
vourable turn of his affairs, when he was reduced to the lowed ebb 
by his own rebellious fubjedls, and by the repeated fuccefles of the 
Englifh who fought againfl him, lirft under the command of the 
gallant and heroic Henry V. of England and his brother the Duke 
of Clarence, and afterwards under the command of fome diftin- 
guifhed Englifh noblemen, reckoned the ablefl generals of that age. 

The firfl affiflance which Charles the Dauphin received from any 
foreign power whatever, was that which he received from Scotland ; 
and foon after the arrival of the Scotch troops he obtained a fignal 
vidory at the battle of Bauge' in Anjou, fought on the 2 2d day of 
March 142 1 ; at which battle the Duke of Clarence, brother of King 
Henry of England, commanded the Englifh forces, and was killed 
with a great number of his countrymen. The French authors 
ftatethat two thou fan d Englifh were killed, amongft whom were the 
Earls of Kent and of Suffolk, Lord Grey and Lord Roos ; and that 
there were two hundred prifoners, of which number were the Earl 
of Somerfet and his brother Thomas de Beaufort, whom they call 
princes of the blood royal of England, and the Earl of Huntingdon. 
• - They 



AND HIS BROTHER SIR WILLIAM STUART. 

They further ftate, that this vidtory coft the Scotch and French 
eleven hundred men, and of that number Prince Charles of Bourbon, 
grand Bouteiller de France. 

John Stuart Earl of Buchan, fon of Robert Duke of Albany, 
governor of Scotland, commanded the Scottifti forces, and Sir John 
Stuart of Derneley his coufm, aded as conftable of thefe forces. 

That Sir John Stuart of Derneley, and thofe of his friends who 
accompanied him perfonally from Scotland, had a principal (hare in 
the viaory of that memorable day, is moft formally acknowledged 
by Charles VII. himfelf, in his lettres patentes in favour of Sir John 
Stuart, dated at Bourges the 2 2d of March 1422, recorded in the 
Chambrc des Comptesat Paris on the loth of April 1423, and veri- 
fied in the parliament held at Poidiers on the 30th of July 1425. 

By thefe letters patent Charles made a grant of the lands of Au- 
bigny in the province of Berry in favour of John Stuart, defcribed 
*' Seigneur de Derneley et de Concreffault, Connetable de I'armee 
« d'Ecofle." Which grant proceeds upon a recital highly honour- 
able to him : Charles there declares, " Qu'ayant parfaite connoif- 
« fancequenotre cher et aime coufm 7^^« Stuart'', Seigneur dcDer^ 
« neky et de Concreffault, Connetable de I'armee d'Efcoffe, a notre 
« priere et requite eft venu du dit pays d'Efcoffe, et amene avec hi 
♦' graitdc compagnie de gens d'annes et de traiB, en intention et 
• From this period It has been judged expedient to make an alteration in the fpell- 
;„g of the name of Stewart when applied to Sir John Stuart of Derneley or to h,^ 
brother Sir William Stuart, by making it Stuart inftead of ^te.oarf for while they 
were in France the name Stuart mud have been fo fpelt, as appears from the French 
hiftorians, and from the letters patent above-memioned, becaufe w is not ^ '^tter m 
the French alphabet ; and it is fuppofed that this had given nfe to fome o the de- 
fcendants from thefe two brothers writing their "^"^'^^ f '''[^ '"J"'^ °^. "7'"''' '"^ 
mark their connexion with that branch of the Stuarts who had d.ftn.gmfhed hem- 
felves in France. At the fame time it mud be confcffed that even thofe who adopted 
that mode did not do fo uniformly, but fometimes wrote their names ^U..art and at 
other times Stuart. No argun.cnt however is meant to be founded on -.rcumftanc 
foinconclufive as that of the mode of fpelling the name, but it has been though, 
vvoper to take notice of this variation and of the prcbnble oNgm of ,t. 




jjg SIR JOHN STUART OF DERNELEY, 

PART « mettant a effet les anciennes alliances dc royaume de France et 
\__ — .- _; " d'Ecoffe a notre tr^s grand befoin afHiire et neceffite, nous a fervi 

' j_' " et fait encore chacun jour a I'encontre des Anglois nos anciens 

Branch II. ^^ gnnemis," &c. The fame letters patent exprefsly mention, that 
" John Stuart and the troops brought with him had been employed 
*' in thefe fervices during the fpace of three years or thereabouts,'' 
{I'efpace de trois ans ou environ,) which fixes the time of his ar- 
rival in France to the year 1420 or 1421, the letters patent 
being dated the 2?,d of March 1422, which in modern ftyle was 
1423. 

There is alfo in thefe letters patent, a claufe which particularly 
mentions the fervices rendered by Sir John Stuart at the battle of 
Bauge', thus : " En laquelle battaille le dit Jean Stuart fe maintint et 
" gouverna comme valllant et courageux Chevalier, et nous fervit 
" tout grandement, liberauement, et de fi grande volonte lui et fa 
" dite compagnie, qu'a toujours nous en devons reputer etre tenus a 
" lui et a notre pouvoir le reconnoitre attendu mefmement que par 
" lui et autres moyennant la grace de notre Seigneur donne'e a e'te 
" a la dite journee vidtoire contre grande partie de nos anciens en- 
*' nemis *," &c. 

In 

* Upon the 23d of April 142 1, which was within a month after the battle of 
Bauge, Charles, then Dauphin, granted letters patent in favor of Sir John Stuart of 
Derneley, by which he gave to him the lands and chatellerie of Concreflault in the 
province of Berry. Thefe letters patent, iffued fo recently after the battle of Bauge, 
moft probably muft have mentioned ftill more particularly the fervices rendered by Sir 
John Stuart and his friends at that battle. The author, when in France in the year 
1789, made much fearch for them in the Chambre des Comptes, the Trefor des 
Chartres, and elfewhere, without being able to find them ; but there can be no doubt 
that fuch letters patent were granted, for befides Sir John Stuart's being defcribed 
as above Seigneur de ConcrelTault, the grant of thefe lands is particularly fpecified in a 
book of great authority, " Dupuys des Droits du Roy," p. 785, where there is the 
following article : " Lettres Patentes portant don de la terre & feigneurie de Con- 
" crcflault a Jean Stuart, le 23 Avril 1421." It is alfo mentioned by Blanchard in 

his 



AND HIS BROTHER SIR WILLIAM STUART. ng 

In the fame grant it is mentioned, that his majefty had promlfed part 
to grant to him two thoufand livres a-year in order to aid him in fup- l -.- _> 

porting his ftate honourably, and in order that he might be the more " 

difpofed to remain in his fervice, on account of which he had quitted 2'^^'^^""* 
his wife and children, and his other relations and friends in Scot- 
land, and had abandoned his rents, revenues, and poflefhons, " dont 
*' // vivoit gratidement et notablement *." 

The terms of the above grant prove that Sir John Stuart of 
Derneley had brought with him from Scotland a great number of 
gens d'armes et de traid, particularly attached to his perfon, and 
under his command ; from whence it would naturally be prefumed", 
that his brother Sir William Stuart, who held his lands of 
Caftelmilk under him by a military tenure, and was particu- 
iarly attached to him, would be of the number of thofe who ac- 
companied him to France. But this matter has not been left to 
conjecture ; for there has fortunately been difcovered ia the records 
of the Chamber of Accompts at Paris, the moft unqueftionable and 
fatisfa£tory evidence, that William Stuart, defcribed as brother of 
John Stuart the Conftable of the Scotch army, was of the expedi- 
tion to France,, and in a military capacity. Which proof from the 
records gives great additional weight and force to the accounts, 

his Compilation Chronologique, p, 236, though by miftake he fuppofes the Jolm 
Stuart to whom it was given to have been John Sl.ur.rt Earl of Buchan. 

It is to be obfervedjthat from there being two John Stewarts with the Scottifh army 
in France, to wit, John Stuart Earl of Buchan, who attained the rank of Connetable 
of France, and Sir John Stuart of Derneley, who was Connetable of the Scottifli 
army in France, that fimilarity of names and offices has occafioned many blunders and 
miftakes in the French, Englifli, and Scottifli authors, by afcribing to the one John 
Stuart what belonged to the other. But in this prefent Genealogical Hiftory no fads 
are ilated with regard to Sir John Stuart of Derneley, but fuch as are vouched by 
the moft unqueftionable evidence ; fuch as letters patent, extradfs from the records of 
the Chamber of Accompts, and other evidence of fimilar undlfputed authority. 

* Vide App. No II. where the whole of the above grant or letters patent, is printed. 

whicll 



J, 3 SIR JOHN STEWART OF DERNELEV, 

PART which will be hereuiafter ftated, given by the French hiflorlans 
t_ -.- __} concerning the gallant adions of the two brothers, Sir John and Sir 

1 ' William Stuart. 

Branch ii, j^ ^j^^ courfe of a diligent fearch made in the records of the 
Chambre des Comptes at Paris, while the author was there in the 
year 1789, it was found that the military accounts of the payment 
of the troops which ferved under Charles VII. were ftill preferved and 
in good order, confifting of a great many volumes; and in thefe, 
two articles were found of money paid to William Stuart, in the 
years 142 1 and 1422 or 1423. 

The firft of thefe articles is extra(fted from the accounts of Mace 
Heron, Treforier des Guerres, whereof the title is : " Conte rendu 
" par Mace' Heron, Treforier des Guerres du Roy notre Sire, et de 
" Monfeigneur le Regent de royaume, Dauphin de Viennois, Due 
" de Berry de Tourraine, Comte de Poitou, des recettes et mifes par 
" lui faites a caufe de fon dit office, pour le payment, tant des gens 
" d'armes et de trait qui ont fervi les dits Seigneurs en leur guerres, 
" en plufieurs marches, pays, et frontiers de ce royaume, comme 
" autrement, pour treize mois entiers, commenyans le premier jour de 
" Novembre I'an 142 1, et finis le dernier jour de mois de Novembre 
" apres enfuivant 1422." In that account, folio 26, there is the fol- 
lowing article : 

" Gulllaume EJiuart^ Ecuyer, et dix fept autres Ecuyers de fa 
" compagnie, reveues a la Rochefoucault le 20"°'' jour de Decembre 
" I'an 1 42 1, fomme du fervice a luij par fa quittance efcritte le 
«♦ 24'""' jour du dit mois celui an cy rendue deux cent quatre vingt 
" huit livres, cy 288 Tournois." 

On the margin of this article there are the following words of 
the fame hand- writing : " Frere de Monfieur le Conncjlable du pays 

" d'Efcojfcr 

The other article is taken from the account rendered by " Hamon 
** Raguicr, Treforier des Guerres du Roy notre Sire, de la recette et 

" depenfe 



AND HIS BROTHER SIR WILLIAM STUART. 

" depenfe par lui fake a caufe de fon ofEce, depuis le premier jour 
" de Novembre I'an 1422, jufqu'au dernier jour deDecembre 1423, 
" lequel temps a 14 mois entiers." 

In folio 94 of that account, there is the following title of a certain 
clafs of payments therein ftated, to wit : " Deniers paye's par man- 
" dement du Roy notre Sire a certains capltains et connneftables de 
" gens d'armes, arbaleftiers et targens du pays de Lombardie et 
" autres, ordonnes par le dit Seigneur etre et demeurer en fa ville de 
" Bourges tant pour la furete de fa perfonne et illec le fervir, commc 
'< par tout ailleurs ou il lui plaira ordonnez." 

In folio 1 1 7 of that clafs of payments, there is the following article : 
•*' Pour la garde de deux tours de la chefne de la ville de la Ro- 
" chelle et de la tour de Morelle. 
Folio idem, verfo ; 

" A MeJJlrc Gutllaume Stuart^ Efciiyer^ du Pays d'Efcoffe^ frere de 
•' Monfieur le Contieftable, deux cent livres Tournois, cy 200 /. Tour,^* 
Upon the difcovery thus made of thefe and other articles in the 
records of the Chambre des Comptes at Paris, the author was In- 
formed that in order to get them properly authenticated, it would 
be neceflary for him to prefent a petition or requete to the auditors 
of the Chambre des Comptes for their authority to have the extrads 
made and figned by the proper officers to be delivered to the peti- 
tioner; whereupon an arret was pronounced, ordering the extrads 
to be made by one of the counfellors auditors of the Chambre des 
Comptes ; and accordingly the extracts thus made and authenticated 
in the proper form were delivered to the author, and are now in his 
pofTeffion. 

The fame fadl is alfo afcertained by a certificate of Monfieur 1' Abbe 

de Bevy, hiftorlographe de France, who had occafion to examine the 

original records of the Chambre des Comptes at Paris, and certifies 

the extrads relating to William Stuart the brother of the conflable 

R of 




SIR JOHN STUART OF DERNELEY, 

of the Scottiin army in France, to be conformable to the original. This 

J certificate is figned at London the 6th of November 1794, by Mon- 

fieur I'Abbe de Bevy, then, and now in London, and it makes 

• a part of the Hiflorical and Genealogical Didionary, compofed by, 

him from the records in the Chambre des Coiflptes. 

None of the French, Engliih, or Scotch authors have given any 
circumftantial or diftind account of the adtions performed by indi- 
viduals at the battle of Bauge, otherwife it may reafonably be pre- 
fumed that the merits of Sir John Stuart of Derneley, and of his 
company of men of arms on that day, fo amply and gratefully ac- 
knowledged by Charles of France himfelf, in the letters patent above- 
mentioned, would have been placed in a more confpicuous light. 
It is only by the accident of thefe letters patents being preferved, 
that it is known with certainty that Sir John Stuart and his com- 
pany had a great fhare in the vidory of that day; and this is 
confirmed by the confidence which Sir John Stuart ever thereafter 
enjoyed from the King of France, 

Some other accidental difcoveries tend to confirm the accounts 
given by Charles of Sir John Stuart's exertions at the battle of 
Bauge : particularly in the courfe of the refearches made in different 
depots at Paris by the author while there in the year 1789, it was 
difcovered, that at the battle of Bauge' Sir John Stuart had taken 
prifoner the brother of the Earl of Somerfet, a very confiderable 
perfon in the army of the Englifli. This is proved by an authen- 
ticated extradl from the records at the Abbaye of St. Martin des 
Champs, taken from a parchment roll which had formerly belonged 
to the Chambre des Comptes of Paris, which had come into the pof- 
fefTion of that Abbaye ; in which roll there is flated the fum of 500 
livres^Tournois paid to John Kirkmichiel (probably Carmichael) 
of the country of Scotland, to aflifl him in fupporting the charges 
and expenccs which he had incurred, or might incur, in confequence 

of 



AND HIS BROTHER SIR WILLIAM STUART. 

of his being come to wait upon Monfeigneur le Regent, (then 
Charles the Dauphin,) to fettle with him to have, by his permifuon, 
" Le frere du Comte de ^omm&vktpnfonnicr dcMeJfire Jean Steiiimrt, 
" Connetable de I'armee d'EfcoJfe^ et pour la delivrance du Sire de 
" Barbazaii prifonnier, et pour certaines autres caufes et confidera- 
*' tions a ce mouvans mon dit Seigneur pour ce par vertu des lettres 
" patentes donnees par le dit Seigneur le Regent le 21. jour de 
" Decembre expediees le, 24"""^ jour enfuivant (1421)," 

The brother of the Duke of Somerfet was Thomas de Beaufort, 
whom the French hiftorians mention to have been taken prifoner 
at the battle of Bauge', without mentioning by whom. He mull 
have been confidered as a valuable prifoner, as from the above extrad 
it appears probable that the intention was to have him exchanged for 
the famous Barbazan, who had fo gallantly defended Melun when be- 
fieged in 1420 by Henry V. who with difficulty, after a fiege of 
many months, got pofleffion of that place, when famine alone in- 
duced Barbazan the governor to capitulate. 

In the Schotichionicon,vol. ii. p. 461, it is faid, that " among the prl- 
*' foners taken at the battle of Bauge, there were the Earl of Somerfet, 
*' and Dominus Thomas brother of the faid Earl, who were brothers 
*' of Johanna Queen of the Scots ; and that this Thomas brother of 
" the Earl of Somerfet was taken prifoner by John Kirkmichael, who 
" broke a fpear upon the Duke of Clarence." But the above extrad: 
from the lettres patentes granted by the Dauphin on the 2x11 of 
December 142 1, eftablilhes with more certainty, that Thomas the 
brother of the Earl of Somerfet had been taken prifoner by Sir John 
Stuart of Derneley, efpecially as John Carmichael, by accepting thefe 
lettres patentes containing that declaration, concurred in the ftate- 
ment there given *'. 

The 

* The perfon of the name of Kirkmichr.cl or Carmichael, alhidcd to in the preceding 
paragraphs, was probably the fame perfon who was afterwards made Bifliop of Orleans; 





SIR JOHN STUART OF DERNELEY, 

The lofs fuftained by the EngUili army at the battle of Bauge, 
and the apprehenfion of its confequences, made Henry, then in 
England, refolve to haften his return to France ; where he arrived in 
June 142 1, with great reinforcements to his army. Some of the 
French hiftorians fay that he brought with him 6000 men at arms, 
and 24,000 archers, which together they reckon to amount to near 
50,000, reckoning every man at arms to have about three attendants. 
Hume, from the authority of Monftrelet, fays, that the army con- 
fifted of 24,000 archers and 4000 horfemen, by which it is fuppofed 
is meant hommes d'armes. Henry marched diredlly to Chartres, 
then befieged by the Dauphin with a confiderable army. The forces 
of Henry, joined by thofe of the Duke of Burgundy, obliged the 
Dauphin to raife the fiege of Chartres, and to retire to Tours with 
his army. Thereafter Henry made himfelf mafter of Dreux and 



concerning whom there is in Hume of Godfcroft's Hiftory of the Douglafles, vol. i. 
p. 244, the following paragraph : " There was alfo amongft thofe M'ho efcaped at this 
" battle of Verneuil, one John Carmichael, of the houfe of Carmichael in Douglafdale, 
" who was chaplain to the Duke of Tourain, a valiant and learned man, who remained 
" in France, and was for his worth and good parts made BiQiop of Orleans. The 
•< French Hiftory calleth him Jean de St. Michell, (for Carmichael), EiVeque d'Or- 
" leans, Efcoffois de nation. He is mentioned in the particular ftory of the Maid of 
" Orleans, and in the Annales Ecclefix AurelianenGs au£lore Carolo Saufleyo Aureli- 
«< alano." But the more probable account of the circumftances which led to John 
Carmichael's being appointed Bifliop of Orleans is given by Symphorien Guyon in his 
Hiftory of Orleans, p. 181, where he writes as follows: " En ce temps Ics Efcoffois 
" rcndirent au Roi Charles Septiefme des grandes afliitances des le commencement de 
" la guerre des Anglois, et combattirent vaillamment fous la conduite de Jean Stuard 
«< Conneflable d'Efcoffe, auquel le Roi donna, en recompenfe de fa valeur et de fes bona 
« fervices, la Seigneuric d'Aubigny en Berry, & lui permit d'ecartelier fes armes 
" avec cellcs de France, lui faifant expedier fes lettres patentes de cette donation & 
« permiffion I'an de grace 1427. Et ce fut peut etre pour cette confideration, que 
«« Jean dc St. Michel Efcoffois fut promu a I'Evefche d'Orleans, qui fe trouva vacant 
«' par la mort dc Guy de Prunelay, au mefme terns que les Efcoffois faifoient un tel 
«» devoir ct de li beaux exploits de guerre pour la defenfe de la France." 



Meaux, 



AND HIS BROTHER SIR WILLIAM STUART. 

Meaux, the laft of which places made a mofl obftuiate refiflance 
during feveral months, the fiege having begun on the 6th of Odo- 
ber 142 1, and continued till the 4th of March 1422, when it fur- 
rendered to him. 

After the taking of Meaux Henry repaired to Paris, where he 
was joined by his Queen, and there they held their court with great 
magnificence. 

Thofe attached to the Dauphin had in the mean time reaped fome 
advantages, in fome conflidls of lefler importance in different parts 
of France ; but the Dauphin's army, at the head of which he was 
himfelf, was reduced to about 20,000 men. He befieged Cofne 
upon the Loire, which capitulated, and gave hoftages to furrender 
the 16th of Auguft 1422, if not relieved before that time. On this 
news reaching Henry at Paris, he affembled all his troops, and fent 
notice to the Duke of Burgundy to join him. The King of 
England himfelf, in fpite of a dangerous illnefs, got on horfeback 
and marched at the head of his army. The difeafe increafing, he 
was obliged to flop fhort at Melun, and left the condudl of his army 
to his two brothers, the Dukes of Bedford and of Gloucefter. Thefe 
princes joined the Duke of Burgundy, and they arrived at Cofne 
before the day appointed for the furrender. The Dauphin was 
obliged to reftore the hoftages, and to retire into the province of 
Berry. The three Dukes paffed the Loire, and purfued the Dauphin 
to the walls of Sancerre. 

The oppofite armies were within a league of each other,' and 
a battle, which would have been very hazardous for the Dauphin, 
feemed inevitable, when an unforefeen event recalled to Paris the 
Dukes of Gloucefter and Bedford. 

Their brother, the King, whofe illnefs daily increafed, had been 
carried in a litter from Melun to Paris. His illnefs was declared 
incurable. This intimation he received with great compofure and 

fortitude, 




^25 SIR JOHN STUART OF DERNELEY, 

PART fortitude, and gave his^ diredlons with regard to the education of 

^ "'l _, his fon, and the affairs of England and of France. The re- 

^Z^' gency of England he gave to his brother the Duke of Gloucefter. 

Pranch II. pf^j. j]jg regency of France he appointed his brother the Duke 

of Bedford, jointly with the Duke of Burgundy, if he chofe to 

accept of that office, or fole regent if the Duke of Burgundy 

declined to accept. On the 31ft of Auguft 1422, Henry expired 

at Paris, in the thirty-fourth year of his age, and the tenth of his 

reign. 

In lefs than two months after the death of Henry V. of England, 
Charles VI. of France, his father-in-law, died 21ft October 1422. 
The Dauphin was proclaimed and crowned King of France at 
Poidliers, under the name of Charles VII. But Henry VI. King 
of England, fon of Henry V. and Katherine of France, was pro- 
claimed at Paris King of France. 

Though the death of Henry, that gallant and fuccefsful warrior, 
and the infancy of his fon and fucceffor, might at firft view be con- 
fidered as likely to be produdive of advantages to the interefts of 
Charles VII. of France ; yet from the fuperior advantages which his 
rival pofleffed, the total expulfion of Charles from France was an 
event which feemed much more probable than his final fuccefs. 
For though Henry VI. was in his infancy, the adminiftration had 
devolved upon the Duke of Bedford, the moft accomplifhed prince 
of his age, whofe experience, prudence, valour, and generofity 
perfectly qualified him for this high office. The whole power of 
England was at his command ; he was at the head of armies enured 
to vidory ; he was feconded by the moft renowned Generals of the 
age, the Earls of Somerfet, Warwick, Salifbury, Suffolk, and Arun- 
del, Sir John Talbot, and Sir John Faftolfe : and befides Guienne, 
the ancient inheritance of England, he was mafter of the capital and 
of all the northern provinces, which were beft enabled to furnifh 
2 him 



AND HIS BROTHER SIR WILLIAM STUART. 

him with fupphes both of men and money, and to affift and fup- i 
port his EngUfli forces. i_ 

On tlie other hand, Charles, notwithftanding the prefent infe- 
riority of his power, poflefled fome advantages, partly from his ^ 
iituation, partly from his perfonal chara£ter, which promifed him 
fuccefs, and fei^ved firfl: to control, then to overbalance, the fuperior 
force and opulence of his enemies. He was the true and undoubted 
heir of the French monarchy : every Frenchman who knew the 
interefts, or defired the independence of his country, turned his 
eyes towards him as its fole refuge. His exclufion, occafioned by 
the imbecility of his father, and the forced or precipitate confent of 
the States, had plainly no validity. That fpirit of fadion w^hich 
had blinded the people could not long hold them in fo grofs a de- 
lufion. Great nobles and princes, accuftomed to maintain an inde- 
pendence againft their native fovereigns, would never endure a fubjec- / 
tion to ftrangers ; and though moft of the princes of the blood were, 
fmce the fatal battle of Agincourt, detained prifoners in England, the 
inhabitants of their demefnes, their friends, their vaflals, all declared 
their zealous attachment to the king, and exerted themfelves in re- 
filling the violence of foreign invaders. 

Such is the defcription given by the beft hiftorians, and particu- 
larly by Hume in the Life of Henry VI. of the fituation of the 
rival monarchs after the death of Henry V ; where, with his ufual im- 
partiality, Hume ftates his own opinion upon the pretenfions of thefe 
rivals, and further gives the following juft charader of Charles VII. 

" He was a prince of the moft friendly and benign difpofition ; 
" of eafy and familiar m.anners, and of a juft and found, though 
" not a very vigorous underftanding. Sincere, generous, affable, he , 
" engaged from affe£lion the fervices of his followers, even while his 
" low fortunes might make it their intereft to defert him ; and the 
" lenity of his temper could pardon in them thofe fallies of dlfcon- 

" tent. 



127 




SIR JOHN STUART OF DERNELET, 

" tent, to which princes In his fituation are fo frequently expofed. 
" The love of pleafure often feduced him into indolence ; but 
" amidft all his irregularities the goodnefs of his heart ftill fhone 
" forth ; and by exerting at intervals his courage and adlivity, he 
" proved that his general remiflhefs proceeded not from tl;e want 
" either of a juft fpirit of ambition, or of perfonal valour." 

This Iketch of the fituation of parties at that time in France, and 
of the charadters of thofe placed at the head of the contending fac- 
tions, may be of utility, in accounting for the viciflitudes and dil- 
afters which took place for feveral years after Charles VII. fucceeded 
to the crown of France ; and is neceffary for appreciating the merits 
of thofe leaders and officers of the Scottifli army in France, who, 
during the fevereft trials, continued firmly attached to the interefts of 
Charles. 

Of all the diftinguifhed officers, or leading men who went from 
Scotland to the affiftance of Charles, Sir John Stuart of Derneley, 
the Conftable of the Scottifh army, and his brother Sir William 
Stuart, were thofe who the moft uniformly, and during the greateft 
number of years, dedicated themfelves to the interefts of that unfor- 
tunate and perfecuted monarch, for enabling him ro attain the crown 
which juftly belonged to him ; and whofe interefts were at that time 
confidered to be the moft intimately connedled with thofe of Scot- 
land. 

It is not poffible to give a particular account of the various 
adlions or combats in which Sir John Stuart or his brother were 
concerned, from the time of the battle of Bauge in 1421, to the 
clofe of their lives in the year 1429. The hiftories of France are 
very imperfedl in their details of the numerous battles and ficges 
which happened during the years which immediately followed 
Charles's fucceffion to the crown. A French hiftorian of confider- 
able reputation, Villaxet, makes a good apology for not entering into 

thefe 



AND HIS BROTHER SIR WILLIAM STUART. ,29 

thefe details ; he exprefles himfelf thus : " Si I'on vouloit s'attacher part 
" a rendre un compte exact de tous les evenemens il faudroit a chaque «— -^^ — m^ 

" inftant tranfporter le le£teur dans toutes les parties du royaume ; . 

" il ne fe paflbit pas du jour qui ne fut marque par quelque com- ^**^'="^^*^ 
" bat ; il n'y avoit pas de province qui ne fut un theatre d'hoftilites 
'< perpetuelles." . 

There can be little doubt that Sir John Stuart of Derneley and 
his brother Sir William were much employed during that conftant 
courfe of warfare ; efpecially as in the letters patent already men- "* 

tioned by Charles in favor of Sir John Stuart of Derneley, there 
is the following declaration by his Majefty : " // tioi/s a fervis 
*' et fait encore chaciin jour a Vencontre des Ariglois nos a?icieiis 
" emtemis^'' 

Though the particular details are not to be learnt from the hif- * 
tories of France, the records of the Chambre des Comptes afford 
evidence, upon many occafions, of the adive fervices in which 
Sir John Stuart was engaged, and of the confidence placed in 
him. 

In the accounts of Hamon Raguier, Treforier des Guerres^ which 
comprehended the period from the 2 ill of November 1422, to the laft 
day of December 1423, under the title of " Tauxations, Recompen- 
" fations, Eflats, Ancienes Compofitions, et autres deniers paye par 
" Mandements du Roy notre Sire, durant le temps de ce prefent 
" Compte," there are various articles relating to Sir John Stuart of 
Derneley ; the fervices rendered by him, the expences he had in- 
curred, and the allowances granted to him by Charles. An exadl 
copy of thefe articles in the records of the Chambre des Comptes 
is printed in the Appendix, N° III. ; from the perufal of which the 
following particulars are afcertained. 

I. That Sir John Stuart of Derneley had a particular compagnie 
de gens d'armes et de trait froin Scotlantl, attached to himfelf and '* . 

'■'^^ 5 under 



SIR JOHN STUART OF BERKELEY, 

under his command ; on account of the expence of which company 
i Charles of France, by his letters dated at Melun, 1 8th of November 
14.2, ordered five hundred livres Tournois to be paid monthly to 
Sir John Stuart " pour I'etat de fa perfonne." 

2. That the King had allotted to the faid Sir John Stuart a great 
additional charge and retinue de gens d'armes et de trait belonging 
to Scotland ; and in general had given to him all the charge of 
the Scottilh gens d'armes et de trait then in France in his Majefty's 
fervice. 

3. That on account of the great charges, equipments, and expence 
to which Sir John Stuart was fubjedled, his Majefty ordered the 
treafurers of his finances to pay to him thereafter monthly 500 livres, 
" pour I'etat de fa perfonne ;" and as that fum would not be fuffi- 
cient to furnifh the neccflary expence, in order to enable him to 
fupport his ftate more honourably, and to affift him in defraying 
other great expences and equipments which would be fuitable for 
him to incur for the entertainment of the captains and other gens 
d'armes et de trait of Scotland under his charge, it was ordered, that 
for the future he fhould have by way of gift an additional fum of 
500 livres monthly, making together 1000 livres, that is to fay, 500 
livres " pour I'etat de fa perfonne," and other 500 livres " pour don." 

4. That in confequeuce of thefe orders the 1000 livres monthly, 
were paid to Sir John Stuart for eight months, from the 2 2d of 
November 1422 to the 20th of July 1423. 

c. Further, by letters granted by Charles at Bourges on the 2 2d 
of June 1423, it appears, that with the advice and deliberation of his 
grand council, he gave orders to Sir John Stuart to aflemble all the 
Scottifh troops then in his fervice and to pafs the river of Loire, and 
to lead them into the country of Auxerrois and Nivernois, to make war 
on the EngUfh, and all other enemies and adverfaries of the King of 
France, and to reduce them to obedience. And in order to engage 
4 them 



AND HIS BROTHER SIR WILLIAM STUART. 

them the more liberally in that fervice, it was agreed between the 
Grand Council and the Conftable of the Scottifh army, that there , 
fhould be paid to them for two months the fum of 30,000 livres, in 
m.anner following ; to wit, an immediate payment of 1 0,000 livres ; 
in the end of July then next a further fum of 5000 livres ; and in 
the end of September then next a further fum of 15,000 livres. 

In confequence of this laft order it appears that 10,000 livres were 
paid to Sir John Stuart, by his receipt dated 28th of June 1423. 

Soon after the march of the troops under the command of Sir 
John Stuart into the Auxerrois, the battle of Crevant took place, the 
circumftances of which are differently related by different authors. 

Rapin (vol. i. p. 538) gives the following account: 

" Charles had no fooner received this news, (Salifbury's intention 
" of befieging Crevant,) but he ordered Stuart, who was lately 
" i-einforced from Scotland, to draw fome troops out of the neigh- 
" bouring garrifons, and join Du Chatel in order to attempt the re- 
" lief of Crevant. All thefe forces together, made a body of ten 
" th".ufand men, whereof, by order of the King, the Marflial de 
" JcVerac went and took the command. But as it required fome 
" time before they could be joined in one body, Salifbury had fufE- 
" cient leifure to take the place. After that, not knowing yet the 
" defigns of the French, he joined Suffolk before Montaigu. 

'•' Meanwhile the French army, drawn together in Auxerrois, 
*' marched to Crevant, which they had not been able to relieve 
*' and befieged it. The army was commanded by the Marfhal de 
" Se've'rac, who had under him Du Chatel, Stuart, Ventadour, and 
•*' fome other officers of note. The Duchefs Dowager of Burgundy 
" then at Dijon, fent immediately to the Marfhal de Toulongeon 
*' and all the Burgundian nobles to try to relieve Crevant. At the 
" fame time fhe defired the Earl of Salifbury to join her generals in 
*' order to raife the fiege. Salifbury was very fenfible how neccf- 
s 2 " fary, 




1^2 SIR JOHN STUART OF DERXELEY, 

PART " fary it was to comply with tlie DuchelVs requcft, and therefore 
i__ - -1 , _f " leaving part of his troops before Montaigu, the garrifon whereof 
^!lif' " was reduced to twenty men, repaired to Auxerre and joined the 
Branch II. u gurgundians. Next day, they marched together to Crevant. 
" They had in all but fix thoufand men ; however they were fome 
" of the befl: foldiers then in Europe. The befiegers, hearing of 
" their march, raifed the fiege in order to meet them, and ported 
*' themfelves at fome diftance from Crevant upon a hill, where it 
" was very difficult to force them. The refolution of the French 
*' o-enerals furprifed the Englifli and Burgundians, who feeing no 
•' poffibility of attacking them in that poft, altered their rout, and 
*' as if they had fome other defign, paflTed the Yonne at Cologne-le- 
*' Vimeaux, with intent to repafs it at fome other place and proceed 
** to Crevant. The French, finding that by this march their ftation 
" on the hill was become ufelefs, defcended and pofted themfelves 
*' by the river fide, in order to defend the paflage. The two armies 
" remained above three hours facing each other with the river be- 
" tween them. At length a body of Englifh gaining a certain 
*' bridge, withftood the efforts of the French army with uncommon 
*' refolution, and gave the reft of their troops time to come to their 
" fupport. This adtion, which was one of the boldeft, was per- 
" formed with that bravery, order, and condud, that it was not 
" poflible for the French to beat them from the bridge. As fooa 
*' as all the Englifti and Burgundians were over, they fo vigoroufly 
" attacked their enemies, that they put them to the rout. T/jt 
" Mar/bal de Sever ac was blamed for retiring fo foo/iy and leaving 
" Stuart engaged with the Scotch troops. There was flain on the 
*' fpot above five hundred, moft of them Scotch. As many more 
•' were made prifoners, among whom were Stuart and Zaintrailles, 
" with forty officers of note." 

The account of the battle of Crevant given by the French hifto- 
rian Villaret, torn. xiv. of his Hiftory of France, p. 281, does not 

differ 



AND HIS BROTHER SIR WILLIAM STUART. 

differ much from that given by Rapin, in the mofi; material particu- 
lars, excepting that according to Villaret's account, the Englifli and 
Burgundians were fuperior in number, as well as in diicipline, to the 
French and Scotch. Villaret's account concludes thus : " La defaite 
" des royaliftes fut entiere, malgre' des prodiges de valour : quinze 
*' cens de leurs plus braves guerriers refterent fur le champ de ba- 
" taille. Le nombre de prifonniers fut encore plus confiderable : 
**• Stuard, le Comte de Ventadour, Gamache, et Xaintrailles etoient 
" parmi ces derniers. On accufa le Marcchal de Sever ac d'avoir pris 
" la fuite avec le corps qull commatidoit.'" 

With regard to the fad: concerning the Marfhal de SeVcrac, there 
is a reference on the margin of Villaret to a manufcript Chronicle - 
of France in the Royal Library at Paris, N° 10,297. That jnanu- 
fcript had been recommended to the author by jM. de Brequigny, 
member of the Academy of Sciences and Belles Lettres at Paris, 
for information concerning the battle of Crevant ; In confcquence 
he applied for, and got accefs to it in the Royal Library, and 
having copied the account there given of that battle, he found 
that the expreffions made ufe of with refpedl to the reproach- 
ful behaviour of the Marechal de Scverac are as follows : 
" Et a la venu du Comte de Salilbury et du Seigneur de Tou- 
" longeon le Samedi dernier jour * Aouft 1423, affembla le dit 
" Connetable (d'Efcoffe) a battaille centre Anglois et Bourguignons, 
" mais le Marechall de Severac fans ajfetnbler pr'injl la fuite laide et 
" honteufe^'' 

The faid manufcript continues thus : 

" La eft dure et merveileufe bataille done Bourguignons et Anglois 
" eurent vidoire. En cette bataille furent pris (ou prifonniers), le 
" Conneftable d'Efcoffe, qui a un ceil y eut creve', le Comte de 
" VantadoiT, les Seigneurs de Gamaffies et de Belloy, et 44 autres 
*' gentllliommes de nom et d'armes, et plufieurs y ont occis, et 

* The lalt day of Augujl is here by miftake placed for the laft day of July. 

4 " tint 



SIR JOHN STUART OF DERNELEY, 

PART " tint prlfon pour aucuii temps le dit Coneftable d'Efcofle, apres 
^^ '' . " la dellvraiice duquel le Roi lui donna le Comte d'Evreux," &c. 
NMX. Bellefoiet, in his Annals and General Hiftory of France, pub- 

Branchii. ij^gj at Paris in the year 1579, vol. ii. fol. 1069, alfo gives an 
account of the battle of Crevant ; but by miftake has confounded 
John Stuart Earl of Buchan, Conftable of France, with John Stuart 
of Derneley, Conftable of the Scottifh army in France : and has 
fuppofed that the troops at the battle of Crevant were under 
the command of John Stuart Earl of Buchan. Amongft the pri- 
foners at that battle he mentions as follows : " Y etant pris le 
" Comte de Bouchan, qui y perdit un ceil, le Comte de Vantadour, 
" les Seigneurs de Gamafhes, de Velay, de Favieres, de Bournon- 
" villiers, le Loiie ; Meffire Guillaume Forreftier, et plufieurs 
" autres ; et entre les morts, le nombre defquels eftoit fort grands, 
" furent le Batard de Yuoy, Meffire Karados, neveu du Comte de 
" Bouchan, Thomas Seton, Guillaume Hamilton^ ct Mcjfire David 
" fi^' fi^^-> EfcoJJois" &c. 

Belleforet then gives a verbatim copy of a letter written by the 
Earl of Suffolk on the i ft of Auguft 1 42 3 , to,the Chancellor and Council 
at Paris of his Sovereign Lord Henry, King of England and France, 
giving an account of the battle fought the preceding day by the forces 
under his command againft the French forces ; which letter is as 
follows : 

" A mcs tres chers Seigneurs les Chancelier, Gens du Confeil du 
" Roy noftre Souverain Seigneur eftans a Paris. 

" Tres chers Seigneurs et Grands Amys, J'aye re^ue voz lettres 
" efcrittes le dix huidiefme de Juillet dernier : furquoi vous plaira 
" fc^avoir que hier toft apres foleil levant, eft toute noftre puif- 
" fance arrivee devant noz ennemys qui tenoient le fiege devant 
" Crevant, & tout fumes en bataille a pied, fi pres d'eux, qu'il n'y 
" avoit que la riviere ou milieu d'entre nous, & Icur bataille 
" d'embas : car ils tenoient trois bataillcs bicn ordonnees j Tune a 

« la 



AND HIS BROTHER SIR WILLIAM STUART. 



^3S 



N°IX. 

lANCH II. 



la haulte montaigne deffus la ville, et I'autre a un autre mon- part 

taigne au defTous de la dide ville, qui duroit jufqu'a fur le bord 

de la riviere au deflbas du pont : & I'autre grofle bataille eftoit 

tout au bas entre les dicxes deux montaignes et entre la riviere 

et la ville : & jufqu'environ midy nous & eux fumes en cell 

eftat fans aborder. Mais de noz coureurs & archiers paflerer 

la riviere es coutieres des deux montaignes &, les alloient efcar- 

muchier, a laquelle heure ils fe mirent a defloger en la didte 

bafTe bataille pour un canon qui eftoit affis devers nous, & 

les grevoit moult, & lors noz gens comecherent a paffer la riviere 

ou ils furent repouffez fi fort que vrayement Monfeigneur de 

Salefbry & nous cuidions avoir du pis : mais incontinant la Dieu 

Mercy, nous fumes raliez en fi bonne maniere, que malgre eux 

& leur trait nous paflames outre, et lors fe mirent en fuite & nous 

apres a pied, & a cheval, ainfi qu'a I'heure nous pourfuyvifmes 

de fi pres qu'il en eft demoure trefpou qu'il ne foit morts ou 

pris. Au moins nous certifie, que par le rapport des prifonniers 

& heraulx, la fleur d'eux font morts ou pris, entre queux pre- 

mierement eft le Conneflahle aEfcoche^ Chef de leur Compagnie^ 

le Sire deGamaches, & le Sire de Valoy, & bien jufqu'au nombre 

de trois cens, «Sc de morts y eft le frere du dit Connejlable d'Efcoche *, 

et le baftard de le Baulme, et le Sire de Severac, qui fe dit 

Marechal de France, et le Sire de Guittry, & plufieurs autres 

au nombre de trois mille fix cens & plus, comme ont rapporte 

* The brother of the Conftable of Scotland here alluded to as killed at the battle 
of Crevant was moft probably William de Hamilton, who was half-brother to 
Sir John Stuart of Derneley. What increafes that probabihty is, that Belleforet 
and other hillorians exprefsly mention William Hamilton, or William de Hamilton 
as killed in the battle of Crevant, and the particular mention of him (hews that he 
muft have been of diflinguifhed rank. 

Hume in his Hiftory, vol. ii. p. 327, fays, that at the battle of Crevant « the Con- 
" liable of Scotland and the Count of Ventadour were taken prifoners ; and above 
*' a thoufand men, among whom was Sir William Hamilton, were left on the field 
" of battle." 

" leurs 




SIR JOHN STUART OF DERNELEY, 

leurs Heraulx, & vous promets qu'il en eft demoure bien pou 
de faufs ; a laquelle befolgne s'eft porte noblement Moseigneiir 
de Salefbry, tous les Seigneurs de Bourgoigne, & tous ceux de 
notre patrie & compagnie, fans falnetife ; et femblablement 
ceux de la ville fe font tres bien portez, & tout je vous afleure 
" en bonne foy. Quant a noz gens, pou y a eu de moits & croy 
" qu'il n'y a environ trente. Apre's le bon-heure, dont Dieu fera 
« lolie, nous fommes retourne au champ & y avons geu toute 
" nuia, & nous, & Monfeigneut de Salefbry fommes fains & faufs. 
" Ecrit a Auxerre le premier jour d'Aouft. 

" Le tout voftre le Comte de SufFort, Sire de Hambre, 
" et de Bruquellet." 

Belleforet's obfcrvatlon upon the above letter is; " Par cettc 
" lettre efcritte au Patois d'un Anglois qui ne fyavoit rornement 
" de notre langue, et qui eftoit plus foldat que bon orateur, vous 
" voyez comme ks chofes fe pafferent." He further adds : " Le 
*' Comte de Suffort fe trompe difant que le Mareflial de Severac fut 
" occis, comme ainfi foit que Alain Chartier dit franchement que ce 
*' Marechal s'eufii'it avec Richard de Leire et autres capitaines 
" Franfois, Efpaignols, et Efcoffois, et qu'ils laifTerent occir les 
" vaillants, et les abandonnerent au befoign." 

From the French authors themfelves it appears that the blame 
of the lofs of the battle of Crevant was thrown principally upon 
the Marechal de Seve'rac, and the troops under his command. And 
a convincing proof that no blame attached upon Sir John Stuart 
of Derneley, the Conftable of the Scots army, is, that fubfequent to 
that battle he enjoyed great truft and confidence from the King of 
France and his Minifters, and received diftinguiflied marks of favor 
from that monarch, as will appear in the fequel. 

Some of the French hiftorians mention, that in the courfe of the 
various battles which were fought between the Freuch and the 

Engliili 



AND HIS BROTHER SIR WILLIAM STUART. j.- 

Engllfli In the years 1423 and 1424, the Lord Pole, brother of the part 
Earl of Suffolk, was taken prifoner by the troops of Charles VII. ■ _ -. _, 
and that he was exchanged for Sir John Stuart of Derneley, who ^IH^ 
had been made prifoner at the battle of Crevant, But others of Branch 11, 
thefe hiftorians fay, that he was exchanged for the Marfhal de 
Toulongeon, taken prifoner at another battle. It is not precifely 
afcertained at what time Sir John Stuart was exchanged, or at what 
time he was fufficiently recovered of his wound and the lofs of his 
eye, to be able to engage again in adlive fervice. 

Neither does it appear from the French hiftories whether Sir John 
Stuart, or his brother Sir William, were amongft the number of thofc 
prefent at the fatal battle of Verneuil, which took place on the 
17th day of Auguft 1424. At that battle the commander in chief 
of the Scots and French forces was Archibald Earl of Douglas, and 
next to him in command was his fon-in-law John Stuart Earl of 
Buchan, Conftable of France. No French hiftorian has mentioned 
either Sir John Stuart of Derneley, or his brother Sir William as 
engaged in the battle of Verneuil. 

In the courfe of the year 1423, John Stuart Earl of Buchan, and 
the Earl of Wigton, eldeft fon of the Earl of Douglas, had gone from 
France to Scotland, at the defire of the King of France, to folicit 
a reinforcement of troops from Scotland, and particularly to folicit 
the perfonal aid of Archibald Earl of Douglas. 

In confequence of that embaffy the Earl of Douglas engaged in 
the fervice of France ; and there is in the Trefor des Chartres kept 
at Par!% the original deed figned by the Earl of Douglas at Glafgow 
in Scotland, the 2t)th day of October 1423, by which the Earl, upon 
a recital of the ancient alliances, frlendfhips, and confederacies which 
had for a long time fubfifted between the kingdoms of Francr.- and 
of Scotland, which it was his defire to the utmoft of his power to 
keep and augment j he therefore thereby promifed and fwore upon 
T the 



g SIR JOHN STUART OF DERNELEY, 

PART the Holy Evangile, in fo far as depended upon him, perpetually 

(_ - - _ , to obferve the faid alliances ; and alfo promifed and fwore to pafs 

^° ^^- into France in the fhip which was then waiting for him, with his 

Branch II. beloved fon the Earl of Buchan, Conftable of France, and the am- 

bafladors of the King of France which had beenfent into Scotland ; 

and that he fhould be ready to depart for France upon the 6th day 

of December then next, and fhould lead with him in his company 

" plufieurs fe'.q; leurs et * hommes d'armes, et archiers, pour 

" fervir mon dit Seigneur le Roy a I'encontre fes anciennes ennemies 
*' d'Angleterre, et tons autres fes ennemies quelque que foit." 

There is alfo in the Trcfcr des Chartres the original oath of 
fidelity figned and fealed by Archibald Earl of Douglas after his 
arrival in France, dated at Bourges, the 19th day of April 1423, 
" avant Paque," which in modern ftyle was 1424. In that ferment 
de fidelite' the Earl of Douglas, who therein takes the title of Due 
de Tourraine and Earl of Douglas, recites, " That the King of 
" France had been gracioufly pleafed from his love and confidence 
" in him to call him to his fervice, and to appoint him his 
" Lieutenant General fur le fait de fa guerre par tout fon 
" royaume ;" and further had been pleafed, from his great libe- 
rality, and in order that he the Earl of Douglas might remain for 
ever " fon homme, vaflal, et fujet," and might be perpetually at- 
tached towards him and his kingdom, had given to him, and to the 
heirs male defcended of his body in the dired.1 line, the Duchy of 
Tourraine, according to the form and tenor of the Royal Letters 
thereupon, which had been delivered to him ; whereupon he 
Iiad performed " foi et homage leige," with the oaths ufual upon 

* That part of the original deed figned by the Earl of Douglas, which fpecifies 
the number of men he was to lead with him from Scotland to France, has been fo 
much injured by time as to be illegible. 

fuch 



AND HIS BROTHER SIR WILLIAM STUART. 

fuch occafions : V/herefore he the fald Archibald Due de Tourraine, 
acknowledging the great honours and benefits thus received, had 
with great Iblemnity promifed and fwore in prefence of his Grand 
Council, and by thefe prefents again promifed and fwore, " en 
*' parole de Prince fur notre honneur foy et hommage," that as 
long as he lived he fhould be true and loyal vaflal, fubjed 
and obedient, and as fuch fliould ferve and obey the King of 
• France, and that he fhould not make any alliances or confederacies 
with any perfons whatfoever, either in France or elfewhere, without 
the good pleafure of his Majefty *." 

The feal of the Earl of Douglas, ftill entire, is affixed to the two 
deeds above-mentioned in Odlober 1423 and April 1424. 

Thefe deeds fhew that it was in fpring 1424, that Archibald Earl 
cf Douglas firft arrived in France, and engaged in the fervice 
of that country ; it is known that he brought over with him 
from Scotland a confiderable reinforcement of troops, to the 
amount of about 5000. But the unfortunate battle of Verneuil, 
fought on the 17th day of Auguft 1424, about four months 
thereafter, deftroyed the hopes which Charles VII. had formed 
from the acceffion of the Earl of Douglas and of the troops 
brought with him from Scotland. The Englllh army com- 
manded by the Duke of Bedford in perfon, affifted by the Earls 
of SalilLui-y, Warwick, Suffolk, and Exeter, all of them dif- 
tinguifhed generals, gained a decifive vidtory after a very bloody 
battle, in which the hiftorians relate that on the part of the Scots 
and of the French united with them, there were left on the field of 
battle 5000 killed, amongil whom there was their commander In 

* The letters patent granting this duchy are dated the 19th of April 1423, 
avant Paque, i.e. Eafteri424; and they were in the year 1789 ftill extant in the' 
Chambre des Comptes at Paris. 

T2 chief 




SIR JOHN STUART Of DERNELEY, 

clilef Archibald Earl of Douglas, Duke of Tourraine, John Stuart 
I Earl of Buchan, Conftable of France, and a vaft number of the 
Noblefle of both countries, befides a great number of prifoners, 
amongft whom there was the Marechal de la Fayette, Gaucour, 
and Mortemar. On the part of the EngUfh, there were 1600 killed; 
whence the Duke of Bedford forbid any rejoicings to be made for 
fo bloody a vidory. 

After this fatal battle of Verneull, the affairs of Charles VII. 
appeared almoft defperate ; but both parties were fo niuch exhaufted 
that there was no confiderable exploit on either fide during the 
remaining part of the year 1424, and a great part of the year 1425. 
Much of that time was employed in negotiations with the Duke of 
Brittany, and with his brother the Earl of Richemont ; to whom 
the King (Charles) offered the dignity of Conftable of France, 
vacant by the death of John Stewart Earl of Buchan, killed at the 
battle of Verneuil. 

It appears that the Earl of Richemont accepted of that office, 
and dedicated his fervices to the interefts of France and of 
Charles VII. though frequently at variance with his minifters, par- 
ticularly with the Duke de Tremouille the chief minifter. 

In the hiftory of this Earl of Richemont, Conftable of France, 
publiftied by Godfroi in the year 1622, there are fome particulars 
mentioned, which fhew that Sir John Stuart of Derneley, the Con- 
ftable of the Scottifh army, was conneded with, and gave his affiftance 
on different occafions to this Earl of Richemont the Conftable ; in re- 
lating the events of the year 1426, there is the following paragraph : 

" Or pour ce que les Anglois faifoient des grands courfes, & 
" beaucoup des maux en Bretagne, le Conneftable vint remparer 
" Pontorfon, ce fut environ la St. Michel : Et y vinrent des Francois 
" et des Efcoffois avec lui ; entre autres y etoient le Conneftable 
" d'Efcoffe & Jean Oufchart, qui avoient bonne compagnie de 

" gens 



AND HIS BROTHER SIR WILLIAM STUART. 

" gens d'Efcoffe," &c. " Durant cela vinrent les Anglois un peu 

" avant le foleil couchant, qui elloient en nombre bien de huit cens ; i 

" on faillit dehors aux champs & on fe mlt en bataille outre le Marais 

" devers le Mont St. Michel, & ne fcavoit-on qu'elle puiffance les ^''^'^'^" " 

« dits Anglois avoit. Si fit le Gonneftable d'Efcoffe defcendre tons 

" les gens d'armcs & archiers a pied ; puis vinrent les fufdits An- 

" glois jufqu'a un trait d'arc ; & y en cut deux au trois, qui fe 

"vinrent faire tuer en notre bataille; & y furent faits deux ou 

" trois chevaliers. Quand les Anglois vinrent la battaille, ils s'en 

" fuirent en grand defordre & en fut pris et tue plufieurs ; mais 

" pour ce que tout e'toit a pied ils ne peuvent etre fi fort chaflez 

" comme ils Teuffent e'te, qui eut e'te a chcval. Aprcs que la place 

" fut un peu bien fortifie', le Gonneftable, le Gonneftable d'Efcofle, 

" et le plus part des feigneurs et capitaines s'en allerent, excepte' 

" ceux que le Gonneftable y laifla." 

Notwithftanding the very unpromifing afped of the royal caufe 
in France after the deftmdive battle of Venieull, Sir John Stuart 
of Derneley the Gonftable of the Scots army, and his brother Sir- 
William Stuart, remained fteadily attached to the intereft of that 
monarch, and continued fo to the laft days of their lives ; of which 
Charles and his Gouncil were fo fenfible, that additional acknow- 
ledgments and inftances of favour were granted to Sir John Stuart 
of Derneley, the Gonftable of the Scottifh army. Particularly in the 
month of January 1426, in modern ftyle 1427, the Gomte d'Evreux 
in Normandy was granted to Sir John Stuart by letters patent, pro- 
ceeding upon the following recital : 

" Charles par la grace de Dicu Roi de France, favoir faifons a tous Grant of the 
*' prefent et a venir, que nous confiderons les haulx, honorables, et Kvre'ux"oy 
" commendables, proufitables, et tres agreable fervices et plaifirs, m'ta!",^ o[' 
" que noftre chier et feal coiifin Jehan Stewart Seigneur de Dernele, „" "j>,'ne^e"'"' 



Gonneftable de I'arme'e d'Efcoife, etant en notre royaume. 



nous 
I fait 



n J „ 



SIR JOHN STUART OF DERNELEY, 

PART "a fait par long temps a notre neceflite, tant centre les Anglois 

t.^—^—^ " nos anciens ennemis et adverfaires, leurs adherens et cornplices, . 

^_il" " nos rebelles et defobeiflances, comme en maintes autres manieres 

Ci^.i.Ntii II. K £:^jj jg JQ^^ en jour inceffamment, ct efperans que encore face ou 

" temps a venir : et entendans et bien cognoiflant les tres grands 

" charges qui en mifes et depenfes de finances et autrement, il a 

" cues porte'es et fouflenus pour notre fecours et fervice, et a Tocca- 

*' fion d'iceulx, c'eft aflavoir a fa venue du royaume d'Efcoce en 

" notre di£t royaume a foy meitre fus, et phifieiirs chevaliers et 

" ecttyers^ et autres gens de guerre qu'il a ameiics et foujienus en fa 

" compagnie en tiotre diEl fervice^ a foutenir fon etat et a entretenir 

" la dite armee d'Efcoflays ou grande partie d'icelle par fes inoyens, 

" conduit que travaulx longuement ainfi que encore fait a grands 

" couts et frais, et en divers autres manieres : attendu mefmement 

" le petit payement que pour les gaiges etat et foudoyement ou 

" autrement en bienfaits il a eus de nous : defquelles chofes nous 

♦' reputons a lui moult a tenus, voulant pour les dites fervices et en 

" recompenfation d'iceulx le plus honorer & defdits mifes et de- 

" penfes le recompenfer, et a fin qu'il ait et tienne de notre grace 

" & bienfait plus hault tiltre & Greigneur Seigneurie pourquoi 

" il foit toujours plus curieux et aftraint a nous et a notre fervice, 

" et plus oblige au bien de nous et de notre dit feigneurie, et pour 

" certains autres caufcs et confiderations qui a ce nous ont meu et 

" meuvent a icellui notre coufin le Sire de Dernlc, par I'avis et de'- 

" liberation des feigneurs de notre fang et linaige eftant a prefent 

" devers nous de notre certaine fcience et royale autorite', pour lui 

•' et pour fon heir mafle ne ou a naitre, et defcendant de fon corps 

" en loyal mariage, et ainfi apres de hoir en hoir mafle en droite 

" ligne et loyale mariage feulement, avons donne, bailc, et delaille' 

" donnons, baillions, et delaifTons par ces prefentes, notre Comte 

" de Evreux en notre Duchie de Normandie^ ainfi qu'il ce comporte 

3- " et 



AND HIS BROTHER SIR WILLIAM STUART. 

" et extend en long et en large, avecques tous les cens, fruits, 
" prouiits, rents, revenus, et autres droits d'icellui quelxconques, et 
" les , ppartenans & dependances, et voulons et nous plait et a icellui 
" ncftre didl coufin avons odlroye, et o£troyons que il puife preindre ' 
" ?t preigne le tiltre de Comte, et fe nomme et fafle appeller, et 
" qu'il foit nommer et appelle' Comte d^Evreux^ et femblablement 
" apres lui fon dit hoir male, et les hoirs mafle deflus dits en droit 
" ligne et en loyale mariage comme dit eft : referves a nous et a. 
" nos fuccefleurs les foi et hommage, refort et fouverainte, et tous 
" autres droits royaux pour le dit Comte d'Evreux, avecques des ap- 
*' pendances et appartenances, et autres chofes deffus dittes, avoir 

*' tenir en forme et maniere d'appanaige, &c. Donne a Mont- 

*' lugon au mois de Janvier I'an de grace mil quatre cens vingt & 
" fix, et de notre regne le quint." 

Et en la marge deffous etoit ecrit ce qui s'en fuit : " Par le Roy 
*' en fon Confeil, auquel la Royne de Sicile, les Comtes de Clermont, 
" de Richemont Connetable, de Foix, de Montpenfier, de Vcn- 
" dofmes, et de Cominges ; les Seigneurs D'Alebret et de la 
" Tremouille, et plufieurs autres du Confeil etoient. 

" (Sign<5) Malliere." 

Thcfe lettres patentes ftill exift in the Chambre des Comptes at 
Paris ; from whence an authenticated extradl was delivered to the 
Author at Paris in the year 1789. 

In the Trelor des Chartres belonging to the Crown kept at Paris, 
there is an original declaration granted by John Stiart of Dernelcy, 
figned and fealed by him the 15th of March 1426-7, with the feal ■ 
ftill entire, fubjolned to a copy of the faid royal grant, by which 
deed Sir John Stuar*-, declares, that at the time of receiving that 
royal grant, he had prornifed, and ftill does promife " en bonne foi," 
that whenfoever his faid Majefty Charles VII. or his fuccelTors ihould 

pay 



J.. inR JOHN STUART OF DERNELEY, 

PART pay to him, or to his heirs, the fum of fifty thoufand ecus d'or, he or his 
*——-'——> heirs fliould be obliged to renounce to his Majefty the faid Comte 

■ d'Evreux, fully and completely, without referving any thing on 

£«ANCH II. ^^^Qm^j. pf jj^g p^y (^yg iQ jiim for his fervices in any manner what- 
foever. This declaration was made by Sir John Stuart of Derneley 
in his Majefty's Chambre des Comptes at Bourges, in prefence of 
" I'Eveque de Clermont Chancellier de France, I'Eveque de Sens, 
" MefTire George Seigneur de la Tremouille & de Sully, Meffire 
" Gilbert Seigneur de la Fayette Mare'chal de France, Meffire Robert 
" Maffon Seigneur de Treve, le Jean de Comte, et plufieurs autres du 
*' Confeil du Roi notre dit Seigneur:" And it concludes thus — " En 
" teftimoigne de ces, nous avons figne ce prefent lettre de notre 
" fign manuel, et fcelle de notre feal. Donne' le quinzieme jour de 
•" Mars I'an mil quatre cens vingt et fix. 

" (Signe) Dernele * " 

An additional proof of the fenfe entertained of the fervices ren- 
dered by Sir John Stuart of Derneley, appears from the let- 
tres patentes, dated 4th February 1427-8, by which Charles of 
France " en perpetual memoir de tant de fignalez et importans fer- 
" vices rendu par le dit Jean Stewart Conneftable d'Efcofle, lui permit 
" et a fes defcendans de porter fes armes ecartelle'es de celles de 

" France." Thefe lettres patentes are mentioned in La Thau- 

mafiere's Hiftoire de Berry, printed at Bourges, anno 1591, p. 697. 
They are Ukewife mentioned in Symphorien Guyon's Hiftory of 
Orleans, publiflied at Orleans in 1650, p. 181. 

* Of the deed thus executed by Sir John Stuart of Dcrnelev. and likewife of 
the two deeds before-mentioned executed hy the Etirl of Douglas in October 142? 
and April 1424, authenticated copies, dated the 15th of September 1789, firrned by 
Monfieur Johy de Fleury, the Procureur General de France, G.irde desTitres Pa>-- rs 
et Chartres de la Couronne, v/ere delivered to the Author, and arc in his pofleiT 1.. 

Agreeable 



ANb HIS BROTHER SIR WILLIAM STUART. i^j 

Agreeable to the letters patent above-mentioned, refpedling the P -^^ t 
quartering the arms of France, which in that country, and in thofe ' 
times, was a mark of diftindion highly prized, the faid John Stuart 
himfelf and all his defcendants bore their arms quartered with thofe 
of France. 



NTX. 
Branch li 



In the end of the year 1427, or beginning of the year 1428, 
Sir John Stuart of Derneley was one of the three ambafladors fent 
by King Charles VII. of France to King James I. of Scotland, for 
negociating a marriage between Lewis eldeft fon of Charles of France, 
and Margaret eldeft daughter of James of Scotland. The other 
two ambafladors were Reginald Archbifhop and Duke of Rheims, 
and Mr. Alan Anvigall Cancellarius Bajocen, 

Thefe ambafl!adors fucceeded in their embafly, as appears from 
the letters patent under the great feal of Scotland, granted by 
King James, dated at Perth the 19th of July 1428 ; and as thefc 
letters not only mention the names of the ambafladors who had 
been fent from France to Scotland, but alfo mention the , terms of 
the marriage treaty which had already been concluded between 
King James and them ; hence it appears evident, that they muft 
have arrived in Scotland a confiderable time prior to the 19th of July 
1428. 

One of the articles agreed upon was, that King James was to fend 
his daughter to France in the firft fhip that fliould be fent for her from 
France at any time after Candlemas then next to come within the 
year; and James alfo undertook to fend with her 6000 men la 
the manner to be fettled between the King of France and certain 
ambafladors which the King of Scotland was to fend to him on 
that fubjea. 

® The 




SIR JOHN STtTART OF DERNELET, 

The treaty which had been thus agreed to by James in July 1428, 
was ratified and confirmed by Charles of France and his Council, 
as appears from the letters patent granted by Charles under his feal 
at the Caftle of Caen the penult day of Oflober 1428 ; to which 
letters the Archbifhop of Rheims, then returned from Scotland, waS 
one of the witnefTes. 

Soon after Sir John Stuart of Derneley's return to France from 
liis embafly to Scotland, he, as Conftable of the Scottifli army 
in France, appears to have gone with the troops under his command, 
and with his brother Sir William Stuart, to the affiitance of the 
French forces which at that time defended the town of Orleans 
againft the Englifli army. 



Proofs concerning Sir John Stuart and his Brother Sir 
William, furniflied by various Hiftories of the Siege of 
Orleans. 

Almoll all the French hiftorians mention the prefence of Sir 
John Stuart the Conftable of the Scottifh army, and of his brother 
William Stuart, and the exertions made by them during the fiege of 
Orleans. 

Belleforet, in his Annals of France before-mentioned, vol. ii. 
pp. 1077, 1078, gives an account of the fiege of Orleans, 
from the commencement of it in Odtober 1428 ; and in the courfe 
of that narrative he particularly mentions William Stuart the brother 
of John Stuart of Derneley the Conftable of the Scottifh army, and 
the time when that William Stuart came to the affiftance of thofe 
friends of Charles VII. who were befieged in Orleans. The paflage 
at the bottom of folio 1078, redo, is in thefe words : 

6 " La 



AND HIS BROTHER SIR WILLIAM STUART. 

" La gaillardife des tenans et le peu que les afiiegeans gagnoleiu 
" fur eux, et leur longue tenue et force- a fouffrir ce fiege, ayant ^^ 
*' deja pres de trois mois qu'ils etoient enclos, eftoit caufe que 
" plufieurs alloient courageufement fe rejetter dedans la ville ^ 
*' (d'Orleans) pour courir avec eux une mefme fortune ; entre 
*' lefquels furent ceux qui vinrent avec le Sieur de Gaucourt, Gou- 
*' verneur d'Orleans, qui etoit forty pour avoir fecours, autant que 
" Guillaume Stuard frere du Seigneur d'Aubigny, apres qu'il fe 
** fut reconcllie au Roi, (car il etoit dc la ligue du Conneftable * 
" contre le Seigneur de la Tremouille,) et les Seigneurs de Barbazaii 
" et de Verduzan, Gafcons, et autres plufieurs jufqu'au nombre 
*' de mille bons combattans, lefquels vinrent conduifans vivres 
*' et autres munitions a Orleans, non fans un grand foulagement 
" pour les affiege-s," &c. 

On page 1078, verfo, fpeaking of the troops which defended the 
town of Orleans, there is the following paragraph : 

" De cette armee fut fait General pour le Roi Monfieur Louis de 
<* Bourbon Comte de Clermont, fils aine du Due de Bourbon, ayant 
" en fa compagnie Meflire Jean Stuart Conneftable d'Efcoffe, et le 
*' Seigneur de la Tour d'Auverne, et prefque toute la noblefle de 
" Bourbonnois, Auvergne, et pays voifin, qui montoit a quatre mille 
" combattans ; du quel fecours le Roy avoit deja donne' avertiflement 
" a ceux d'Orleans." 

Li folio 1079, Belleforet gives an account of the battle of Rouvroyy 
commonly called the battle des Harrans, which happened in February 
1429, and mentions the perfons killed there as follows : 

" II y demeura de quatre a cinq cens corps roides eftendus fut 
" la terre, entre lefquels furent plufieurs grands Seigneurs, Chevaliers, 

* From this paflage it appears, that William Stuart was of the party of the Comtei 
de Richemont the Conftable of France, who was a declared enemy of Monfieur de 
Tremouille, the King's Minifter. 



H7 




SIR JOHN STUART OF DERNELEY, 

" et Capitaines, tels que Meffire Guillaiime d'Albret Seigneur 
" d'Orval, Jean et Guillaume Stuard, Efcofibis, freres, Le Vifcomte 
" dc Caftelbon et de Rochechouard, Meffire Jean Chabot, et le 
" Seigneur de Verduzan, les corps defquels furent portes a Orleans, 
" et giffent a Sainte Croix, eglife catherdale de la ditte ville." 

This account given by Belleforet is confirmed in the mcft effential 
particulars by Symphorien Guyon, who in his Hiftory of Orleans, 
printed in 1650, part ii. p. 182, et feq. has given a full and 
particular account of the famous fiege of Orleans. 

This Hiftory by Symphorien Guyon, p. 193, mentions, that 
upon Tuefday the Sth of February 1429, there entered into the 
town of Orleans feveral valiant men, and well armed, amongfl. 
whom were " Meffire Guillaume Stuart, brother of the Conftable of 
" Scotland." 

Page 196. " That the Comte de Dunois (the baftard of Orleans), 
" upon Thurfday the 10th of February 1429, went out of Orleans 
" with 200 combatants to go to Blois to join the Comte de Clermont, 
" who with the Conftable of Scotland (John Stuart of Derneley) 
" and other valiant chevaliers and captains, had gathered together 
'•' about 4000 foldiers." 

" That on Friday the 1 1 th February, there went from Orleans 
" for the fame objcdts, Meffire Guillaume d'Albret, Seigneur d'Orval, 
" Meffire Guillaume Stuart brother of the Conftable of Scotland, 
" the Marechal St. St'verac, &c. with many other knights and 
" fquires, and about 1500 men, all refolved to join the body under 
•' the command of the Comte de Clermont, for the purpofe of at'* 
" tacking the convoy of provifions which was coming from Paris 
" for the ufe of the Engliffi." 

Page 198. Symphorien Guyon gives an account of the moft re- 
markable perfons killed in the battle des Harrans on the 12th o£ 
February 1429, in thefe words : 

" Ceux 



AND HIS BROTHER SIR WILLIAM STUART. l^g 

" Ceux qui furent tuez de nos gens furent Meffires Guillaume p a k t 
" d'Albret d'Orval, Jean Stuart Conneftable d'Efcoffe, Guillaume ._ _"_' _ , 
" Stuart fon frere, &c. Les corps de ces Seigneurs ainfi tuez en cette ^" ^^ ' 
*' rencontre furent depuis apportez a Orleans, et inhumez dans Branch ii. 
" I'eglife de Saint Croix avec un fervice funebre fort folemnel." 

The fiege of Orleans with all the circumflances attending it, and 
the perfons who fought and fuffcred during that famous fiege, have 
been handed down to pofterity in a more authentic manner than 
commonly happens in events of fuch an ancient date, for there is 
an hiflory of it under the following title : 

" Hiftoire et Difcours au vraij du Siege qui fut mis devant la 
" Ville d'Orleans par les Anglois le Mardy le 12'""'^ Odt'' 1428, 
*' i-egnant alors Charles VII. de ce nom Roy de France. 

" Contenant toutes les faillies, affaults, efcarmouches, et autres 
" particularite's notables, qui de jour en jour y furent faites, &c. 

" Prife de mot en mot fans aucun changement de language d'un 
" vieil exemplaire efcrit a la main en parchemen, et trouve en la 
" maifon de la ditte ville d'Orleans. 

"A Orleans." 

" 1576." 

In that old Hiftory of the Siege of Orleans found in the Town 

Houfe of that city, there are the following particulars concerning 

William Stuart the brother of Sir John Stuart of Derneley, the 

Conftable of the Scottifli army. 

Page II. " Le lendemain jour de Mardy (8 Fevrier), entrerent 
" dedans la ville d Orleans plufieurs tres vaillant hommes de 
" guerre etbien'abillez, et entre les autres MelTire Guillaume Eftuart 
" frere du Conneftable d'Efcoffe, le Seigneur de Sancourt, le Seigneur 
" de Verduran, et plufieurs autres Chevaliers et Ecuyers, accompagnez 
" de mil combattans tellement abillez, pour faid de guerre qui c'eftoit 
*• une moult belle chofe a veoir. 

■ «Ge- 



15° 

PART 

iir. 

N" IX. 



SIR JOHN STUART OF DERNELEY, 

" Ce meme jour arrlverent du nuld deux cent coinbattaiis qui 

eftoient a Meffire Guillaume d'Albret, et peu apres fix vingt autres 

eftant a la Hire," &c. 
Branch II. p,^gg ^^^ « Lg Icndemain, qui fut Jeudy (lo""' Fevrier) fe partit 
" d'Orleans le Baftard d'Orleans et deux cent combattans avec luy, 
" pour aller a Blois devers le Comte de Clermont, et MeiTire Jean 
" Eftuart Conneftable d'Efcofle, le Seigneur de la Tour Baron 
^' d'Auvergne, le Vifcomte de Thouars Seigneur d'Amboife, et autres 
*' Chevaliers et Ecuyers accompagnez, comme on difoit de bien quatre 
" mille combattans, tant d'Auvergne, Bourbonnois, comme d'Efcofle, 
•*' pour flivoir d'eux I'heure et le jour qu'il leur plairoit mettre 
" d'afl'aillir les Anglois et faux Francois, amenans de Paris vivres et 
•*' artillerie a leurs gens tenans le fiege." 

" Le Vendredi (ii jour) d'icelui mois de Fevrier, fe partirent 
*' aufli d'Orleans Meflire Guillaume d'Albret, Meflire Guillaume 
•*' Eftuart frere du Conneftable d'Efcofl'e, le Marechal de Saindt 
■*' Severe, le Seigneur de Graville, le Seigneur de Saindt 
" Trailles, et la Hire, Poten fon frere, le Seigneur de Verduran, 
" et plufieurs autres Chevaliers et Ecuyers accompagnez de 
'*' quinze cens combattans, et tendans eux trouvez et aflemblez 
" aveqves le Comte de Clermont et les autres ja nomme's pour 
*' aller au devant des vivres, & les aflaillir ; et celui meme jour fe 
" partit pareillement celui Comte de Clermont, et fift tant qu'il 
^' vint a tout fa compagnie en Beaufle a un village nomme Rouvroi 
•" de St. Denys, qui eft a deux lieues d'Yonville ; et quand ils furent 
*' tous aflemblez, ils fe trouverent de trois a quatre mille combattans, 
■*• ct ne s'en partirent jufques au lendemain environ trois heures 
"*' apres midy." 

*' Celui jour le lendemain qui fut le Samedy douziefme jour de 
-** Fevrier, Meflire Jean Fafcot, et plufieurs autres Chevaliers et 
" Efcuycrs du pays d'Angleterrc, accompagnez de quinze cent com- 

*' battans. 



AND HIS BROTHER SIR WILLIAM STUART. i^-i 

battans, tant Anglois, Picards, Normans, qu'autres gens de divers part 
' pays, amenoient environ trois cent que chariots et charettes i— - 



" charge's de vivres et de plufieurs abillemens de guerre, comme — -' 
" canons, arcs, troufTes, traidt, et autres chofes, les menans aux autres "^^^'^'^ 
" Anglois tenans le fiege d'Orleans," &c. 

This Hiftory or Journal of the Siege of Orleans, then proceeds to 
(late what happened on the near approach of the oppofite forces of 
the French and of the Englifh, and the unlucky blunder committed 
by the Count de Clermont, in reftraining the advanced party of the 
French from attacking the Englifh convoy at a time when they 
could have attacked them with great advantage. It is there 
Hated, that the advanced party under the command of La Hire 
and other leaders had learnt that the Englifh with the convoy 
of provifions were marching without oi-der, and without having 
any fufpicion of being attacked or furprifed ; and that La Hire 
and others were all of opinion they ought to attack the Englifh 
while they were coming forward in this improvident manner : 
" Mais le Conte de Clermont manda plufieurs fois, et par divers 
" mefTages a La Hire & autres, ainfi difpofans d'affailler leurs ad- 
" verfiiries, & qu'ils trouvoient en eux tant grand avantage, qu'ils ne 
" leur feiffent aucun alTault jufques a fa venue, et qu'il leur amene- 
" roit de trois a quatre mil combattans moult defirans d'aflembler 
" aux Anglois. Pour I'honneur & amour duquel ils delaiilerent 
" leur entreprinfe a leur tres grand defplaifance, et fur tons de La 
" Hire, qui demonftroit I'apparence de leur dommage, entant que 
" on donnoit efpace aux Anglois d'eux mettre et ferrer eiifemble ; 
" et avecques ce d'eux fortifier de paux et de charriots. Et a la 
" verite La Hire & ceux de fa compagnie partis d'Orleans eftoient 
" arreflez en un champ au front et tant pre's des Anglois, que tres- 
" legierement les avoient veuz, comme eft dit, venir a la file & eux » 

" fortifiez, dolens a merveilles de ce qu'ils ne les ofoient aflaillir, 
" pour la deffence et continuels meffages d'iceluy Conte de Cler- 
" mont, qui tousjours s'approchoit au plus qu'il pouvoit. D'autre 

" part 



152 
PART 



SIR JOHN STUART OF DERNELEY, , 

" part porta aufli moult impaciemment celle attente le Conncjlahle 
" d'Ffco/fe ; lequel ttoit pareillement venu la pres a tout environ 
" quatre cens combattanSy ou avoit de bien et vaillans hommes. 
" Et tellement qu'ainfi qu'entre deux & trois heures apres midy 
" approcherent les archers & gens de traidt Franyois, d'eux leurs 
" adverfaires, dont aucuns eftoient ja faillis de leurs part, qu'ils con- 
" traignirent reculer tres-haftivement, et eux reboutter dedans par force 
*' de tral£t, dont ils les chargerent tant efpeflement qu'ils en tuerent 
" plufieurs : & ceux qui peuvent efchapper, s'en rentrerent dedans 
*' leur fortification avecques les autres." 

Folio 13, verfo. " Pourquoy et lors quand le Conneftable 
" d'Efcoffe vit qu'ils fe tenoient ainfi ferrez et rangez fans monftrer 
" femblant d'yfTir, il fut par trop grand chaleur tant defirant de les 
" vouloir affaillir, qu'il defpe^a toute I'ordonnance qui avoit e'te faite 
" de tous que nul ne defcendit, car il fe mit apres fans attendre les 
" autres, et a fon exemple, et pour lui aider defcendirent aufli le 
*' Baftard d'Orleans, le Seigneur d'Orval, Meffire Guillaume Eftuard, 
*' Meffire Jean de Mailhac, Seigneur de Chafteaubrun, Vicomte de 
" Bridiers, Meffire Jean de Lefgot, le Seigneur de Verduran, Meffire 
" Loys de Rochechouart, Seigneur de Monpipeau, et pluiieurs 
" autres Chevaliers et Efcuyers, aveques environ quatre cens com- 
*' battans, fans les gens de traid, qui ja s'etoient mis a pied, & 
" avoicnt rebouttez les Anglois & fait moult vaillamment. — 
*' Mais peu leurs valut : car quand les Anglois virent que le grand ba- 
*' taille, qui eftoitaflez loing, venoit lafchement, & ne fejoignoit 
*' avec le Conneftable et les autres de pied, ils faillirent haftivement 
*' de leur pare, et frapperent dedans les Francois eftans a pied, et les 
" mirent en defarroy et en fuite, non pas toutes fois fans grand 
" tucrie ; car il y mourut de trois a quatre cens combattans Fran- 
■*' yois." 

Folio 14. gives an account of the moft remarkable perfons 
killed in that encounter on the 12th of February 1429, in thefe 
xvords : " Eiloient la mors et tuez plufieurs grands Seigneurs, 

" Chevaliers, 



AND HIS BROTHER SIR WILLIAM STUART. j^^ 

"Chevaliers, Efcuyers, nobles et vaillans Capitains et Chefs de part 
" guerre, et entre lefquels y furent tuez — ^ ^"' _, 

" Meffire Guillaume d'Albret Seigneur d'Orval, ^^' 

" Meffire Jean Ejluart Conneftable d'EfcofTe, ^^^^z^^ ii. 

" Meffire Guillaume Ejluart fon frcre^ 

" Le Seigneur de Verduran, 

" Le Seigneur de Charteaubrun, 

" Meffiire Loys de Rochechouart, et 

" Meffire Jean Chabot, avec plufieurs autres, qui tous eftoient de 
" grands nobleffe et tres renomme valiance. 

" Les corps des quels Seigneurs furent depuls apportez a Orleans, 
" et mis en fepukure dedans la grande eglife didte Sain£te Croix, 
" la ou il fe feift pour eux beau fervice Divin." 

Thefe extracts from the Ancient Journal of the Siege of Orleans 
found in the Town Houfe of Orleans, have been made the more full 
becaufe the precife and circumftantial account there given of the 
events from day to day, and of the perfons concerned in thefe events, 
cannot fail to afford ftrong convidion of that account being well 
founded, both as to the fafts and as to the perfons concerned ; par- 
ticularly as both John Stuart and his brother Willumi are fo fre- 
quently mentioned in that journal, without confounding the one 
with the other ; on the contrary, dlftinguiffiing the different parts 
they a£ted, and marking the different periods at which the one or 
the other arrived at Orleans, or fet out from thence, there can be- no 
doubt that both thefe brothers were well known during the fiege of 
Orleans, and that the fad ftated of their having both loft their lives 
in the fame field of battle on the I2th of February 1429 is perfedly 
certain. 

In further confirmation of thefe fads there is a paffage in a very 

old Hiftory of the Siege of Orleans, written in Latin, wherein the 

circumftances of the death of John Stuart the Conftable, and of 

his brother William, are related in a very interefting manner. The 

X title 



SIR JOHN STXfAkt OF DERNELEY, 

title of the book is : " Aurelias Urbis Anglicana Obfidio, Sec. Autore 
' " Joanne Lodocio Micquello." The firft edition of this book was 
publifhed in 1560, and there was another edition in 1631 ; both 
of which are now very fcarce : it is efteemed one of the bed 
hiftories of the Siege of Orleans. The chara£ter given of it by 
Langlet is in thefe words, that it is " exadl, curieux, et peu com- 
*' mun *." 

The pafTages in that Hiftory relating to John Stuart and his 
brother William, are as follow : 

P. ^^, of the edition 1631 f. " Eodem tempore (8vo Februarii 
" 1429,) utriufque armaturse equites mille urbem (Am-eliam) ingre- 
" diuntur, quibus culta virtute qua nihil ornatius effe poterat ; inter 
" quos eminebant GtiUelmus Stuardus Scotiis^ Gaucourtius, et Ver- 
" ducanus," &c. 

P. 56. " Nothus Aurelius, Gulielmus Alebertus, Gulielmus 
*• Stuardus, Sanfeverus, Gravillus, Santraille, Poto, Verduranus, cum 

" militibus 

* In the Comte d'Artois' library at Paris, there was a copy of this book, N° 3582, 
under the general title of Hiftoire de France troifieme Race jufqu'a Louis XII. It 
is the only copy the author could find at Paris in the year 1789. 

In the manufcript catalogue kept there of the Comte d'Artois' Ebrary, there are 
many obfervations oppollte to the articles in the catalogue in which Monf. d'Argen- 
fon, to whom great part of that colledlion of books had originally belonged, gives his 
opinion of the books or manufcripts referred to ; and oppofite to the article N° 3582, 
there is this charadter of it by Monf. d'Argenfon : " Ouvrage curieux et rare, mais 
" fuivant I'Abbe Langlet il y a une feconde edition de 1631, augmentee et plus com- 
«« plette. L'auteur, une efpece deprofefleur a Orleans s'appelle Miqueot et non Mic- 
" quellot, comme I'ont voulus quelqucs uns." 

f Translation of the abovt Pajfages from MiqueotV Hijiory of the Siege of 
Orleans. 

P. 55. " At the fame time (8th of February 1429) a thoufand cavalry, armed for 
•' fighting either on horfeback or on foot, men of tried and incomparable valour, 
*• among whom William Stuart, a Scotchman, Gaucourt, and Verduran, &c. were 
•» chiefly diftinguifhed, enter the town of Orleans." 

P. 56. " The Baftard of Orleans, William d'Alebret, William Stuart, Saint Severe, 

•« Graville, SaintraiUcs, Poton, Verduran, &c. having proceeded from Orleans with 

J • "a body 



AND HIS BROTHER SIR WILLIAM STUART. ,^^- 

'* militibus mille quingentis Aurelia profe*^:!, alio opportune loco part 
" baud longe ah aliis fuos continent." ._ _ _L _j 

Pp. 58 and 62. In defcribing the battle on the 12th of February ^°^^; 
1429, the author gives the following particular and interefting ac- Branch 11. 
count of the behaviour and fate of the two brothers John and Wil- 
liam Stuart : 

" Jam fundltores Franci, pills miffis, Anglos lacefTere incipiebant ; 
" cu.m.yoanfia- Stuardus^ vir Scoticus, e Stuarda regia familia Scotorum, 
" equitum magifter, qui eo cum equitibus quater centum venerat, 
" /// erai pii-gnaci ingenio^ et ad omnem vel ditbiam pugnse aleam para- 
" tus, quin confllgeret vel obteftantibus obfiftentibufque, aliis reti- 
" neri non potuit, priufquam enim hoftes longius recederent, con- 
" feftim audendum fortibufque animis invadendos judicabat, vel 
" exigua namque mora emitti e manibus, neque poftea ut equa con- 
" ditione confligeretur occafionem fore. 

" Ipfius exemplo Gulielmus Stuardus frater^ Nothus Aurelius 
" Orvallus, Joannes Meillacus, Mompipius, Caftellobrunus, Joannes 
*' Lefcottus, Verdorannus, Rochechouartus, infelici confilio, amotis 
" equis, quo militibus, exxquato periculo, animus amplior eflet, in 

" pedes 

" a body of 1 500 troops, took poft in a convenient fuuation at a fmall diftancc from 
" therefl (or main body) of the army." 

P. 58. " Already the French flingers, having difcharged their javelins, had begun 
" to infult and harafs the Englifli ; when John Stuart, a Scotchman, defcended from 
' ** the Royal family of Scotland, and commander of the cavalry, who had come up 
«• with 400 horfe, a man of a warlike temper, and forward to engage in every 
** hazardous enterprife, was not to be reftrained by entreaty or renionftrance from 
•* giving battle to the enemy. He contended, that before the enemy fliould have 
«« time to effe£l a retreat, a daring eftbrt againft them ought inRantly to be made, and 
'« that they fhould be charged with the utmofl: vigour ; the fmalleft delay, he faid, 
«' might enable them to flip out of their hands, nor might another opportunity ever 
" prefent itfelf of bringing them to aflion on equal terms. 

«* Stimulated by his example, his brother William Stuart, the Badard of Orleans, 

*< the Seigneur d'Orval, Jean de Mailhac, Monpipeau, Chateaiibrun, John Lefcot, 

«• Verduran, Rochechoaart, &c. from a mifconceived idea, that by difmiffing their 

X a " horfcs 



Ij6 SIR JOHN STUART OF BERKELEY, 

PART " pedes defilierunt, acieque inftruda ad caftra hoftium contendunt, 
i_ - - f " qui, omnibus rebus fubito perterriti, cum exiftimarent omnes 

_' " Francorum copias adventuras, neque confilii habendi, neque arma 

BRiiNCH ri. tc capiendi fpatio dato, perturbabantur, ut copias ne adverfus hoftem 
" educere, an caftra defendere, an fuga falutem petere, nefcirent 
" quid prnzftaret. Sed Fortuna, qux plurimum poteft in reliquis 
" rebus, turn praecipue in bello, parvi momenti magnas rerum com- 
" mutationes efficit, ut turn accidit ; nam Angli, cognita Francorum 
" paucitate, cum longius abefle Claromontamum cum robore exer- 
" citus viderent, eruptione fadta, infeftis fignis, tanta vi in Francos 
" impetum fecerunt, ut major pars converla, non folum loco exce- 
" derent, fed protinus incitati fuga caftra repeterent, Angli animos 
•* tollere, et in perculfos Francos acrius incedere. Turn fpedtaculum 
*' horribile in campis patentibus, fequi, fugere, occidi, capi, multi 
" vulneribus acceptis, neque fugere pofle, neque quietem pati, niti 
" modo et ftatim concidere." 

P. 62. 



" horfes and thus participating in the common danger, they fliould infpire the 
" foldiers with additional courage, alighted, and having formed their men, led them 
*' on to the enemy's camp. The enemy thus fuddenly alarmed and difconcerted from 
" the apprehenfion that the whole French army was approaching, and having time 
•• neither to deliberate, nor to put themfelves in a poflure of defence, were thrown 
" into confufion, infomuch that they could not decide whether it were better to 
« draw out their forces againfl the enemy, defend tlieir camp, or feek their fafety in 
" flight. But fortune, which has fo mucli influence in all human affairs, efpecially in 
" the purfuits of war, frequently produces great changes from trivial occurrences: fo 
" it happened in the prefent cafe ; for the Englifh difcovering the weak numbers of 
" the French, and perceiving that Clermont with tlie main body of the army was at a 
" great diftance, made a fally in order of battle, and attacked the French with fuch 
" impetuofity, tliat the greater part not only qukud their ground, but betaking them- 
•« felves to flight, endeavoured to regain their camp. Meanwhile the Englifh ac- 
" quiring frefh courage purfucd with redoubled vigour the difcomlited French. 
«' What a fcene of horror then prefented itfelt" in the plain ! flight, purfuit, flaughter, 
•' capture of pi ifoners— while many among the wounded were neither in condhion 
" to fly, nor fufftrcd to repofe ; thefe making a laft effort were feen fuddenly to fall." 

P. 6i, 



AND HIS BROTHER SIR WILLIAM STUART. l^- 

P. 62. " In eo proelio ceciderunt ex Francis quadringenti et part 
" amplius homines, atque in his paulo clarions nominis Aleburtus y .- _j 
" Orevallus, Gulielmus Stuardus, Verduranus, Chaftellobranus, Ro- ° ^^ ' 
*' chachouartus, Joannes Chabotus, et vir fortijfimus Joannes Stii- Branch ir. 
" ardus^ amplijimo genere naius ; hie, cum fratre interclufo ab hoftibus 
" auxilium ferret, ilium ex periculo eripuit ipfe vulneratus, quoad 
" potuit fortiffime reftitit; cum circumventus multis vulneribus accep- 
" tis cecidiffit, atque id frater, qui jam proelio exceflerat procul ani- 
** madvertiffet, citato pede, fefe hoftibus obtulit atque interfedtus eft." 

The particulars thus related concerning the affedionate and gallant 
behaviour of the two brothers Sir John and Sir William Stuart, can- 
not fail to leave a ftrong impreffion of their charadlers, efpecially as 
thefe fa£ts have been handed down to pofterity by a very ancient 
^nd approved author, of a different country from that to which Sir 
John and Sir "William Stuart belonged, and who, from the ftyle in 
which he writes, feems to have been a great admirer of their 
adtions. 

To thefe authorities there might be added thofe of many other 
French hiftorians, fome of whom mention William Stuart as the 
faithful companion of his brother Sir John Stuart of Derneley, in 
all his military enterprifes in France. This is mentioned particu- 
larly by Thaumafllere in his Hiftory of the province of Berry^ 
publifhed at Bourges in the year 1690, where, under the title of Au- 

P. 62. " In that battle there fell on the fide of the French above four hundred 
*' men ; among whom of more than ordinary di(lin(Slion were Alebret, Orval, Wil- 
•' Ham Stuart, Verduran, Chateaubrun, Rochechouart, John Chabot, and above all, the 
" truly heroic John Stuart, defcended of a mofl: illuftrious race. This gentleman 
" coming to the relief of his brother, who had fallen into the hands of the enemy, 
" extricated him from danger, and, though himfelf wounded, made a mod gallant and 
" perfevering refiftance, till at length furrounded by the enemy, and covered with 
<• wounds he funk to the ground. His brother, who had retired from the battle, ob- 
" ferving from a diftance what had pafled, again flew to prefent himfelf to the enemy, 
•« and was flain." 

bigny^ 



SIR JOHN STUART OF DERNELEY, 

bigny, he takes occafion to give a fuccinft account of the merits of 

I the two brothers while in France, and of the favours and marks of 

diftindion conferred on Sir John Stuart of Derneley by Charles VII. 

The account fo given by Thaumafliere, confirms many of the 
articles ftated in the preceding fheets, as will appear from the fol- 
lowing extrad : 

*' En ce temps Jean Stuart Gonnetable d'Efcoffeamena au fecours 
*' de ce roy (Charles VII.) des bandes de gens de pied & des archers 
" a cheval, qu'il entretint plufieurs anne'es a fes frais et depens, 
" pendant lefquelles il luy rendit de fignalez fervices, vain- 
" quit les Anglois en plufieurs rencontres, gaigna les batailles de 
" Crevant et de Bauge', au moyen defquelles il releva les affaires de 
*' France, & remit aux Francois le courage de fe defendre, et de 
" chaffer les Anglois hors de royaume. En confideration de ces 
" importans fervices, le Roi Charles VII. lui donna le Comte 
" d'Evreux et la Chatellerie de Concourfault, et depuis, par patentes 
'* donnees a Bourges le 26 Mars 1422, verifie'es au parlement le 
*' penultieme de Juillet 1425, il lui tranfporta a perpetuite, et a fes 
" hoires mafle en droite Hgne, la ville, tcrre, chatel, et chatellerie 
" d'Aubigny fur Ncrre, fans en rien retenir que la foy et hommage- 
" liege, refibrt et fouverainete. Ce Seigneur ayant continue fes fer- 
" vices, le mcme roy n'ayant lors de quoy le recompenfer, lui 
" permit, pour marque de fa reconnoilTance, d'ecarteller fes armes 
*' de celle de France, Sc de les porter au premier et dernier quartier 
*' de TEcuquarrJ de cclles de la famille, qui eft un privilege de tout 
*' tems eftime tres particulier, et qui n'a ete confere' qua ceux qui 
*' avoient beaucoup merite' de I'etat, et qui lui avoient rendu de 
" fignalez fervices. Ce hero magnanime ne cefTa de continuer fes 
" proUeflTcs pour Ic fcrvice du roy jufques a fa mort : qui I'emporta 
*' combattant genereufemeut pour la defenfe de la ville d'Orleans en 
*' la bataille des Harangs. Guillaiime Stuart, fon frcre, mourut au 
*• inemc lit iTbonncur, qui avo'it cte jiifqiia alors coinpagnon dc fes 

" vi£l aires 



AND HIS BROTHER SIR WILLIAM STUART. i^g 

^ viSfoires et de fes trophces, commc tl le fut de fa mart. lis furent part 

■ inhumez en I'eglife cathedrale de Sainte Croix d'Orleans en la \_ - j 

■ chapelle de Notre Dame Blanche, deriere le choeur, qui eft riche- " 

• ment ornee de plufieurs colomnes & ouvrages de marbre noir. Branch ii. 

■ Ce Seigneur, prevoyant fa mort dans les hazards ordinaires de la 

• guerte, avoit fait fon teftament, et fondu en cctte chapelle une 

• mafle haute a perpetuite tons les jours a Tiffue de matines, a 
' laquelle les enfans de choeur doivent affifter *," 



It has now been proved, by the records of the Chambre des 
Comptes at Paris, and by the concurring teftimony of the beft 
French hiftories of thefe times, that the two brothers Sir John and 
Sir William Stuart were engaged in the wars in France in the time 
of Charles VII. from the year 1420 or 142 1, to the year 1429, and 
that upon the 12th of February 1429, (according to modern ftile,) 
they both fell in the fame battle during the fiege of Orleans. 

In this Part III. as well as In the preceding Part II. there have 
been many ftrong indications that Sir William Stuart of Caftelmilk^ 
Knight, mentioned in Rymer's Foedera, anno 1398, was one and the 
fame perfon with Sir William Stuart, Knight, the fon of Sir Alex- 
ander, and the brother of Sir John Stuart of Derneley. But as there 
will be feveral indications of the fame kind in the fubfequent Parts 
of this Hiftory, the more complete proof of that fadt is referved for 
a difcuffion at the end of Part VI., where the various fadts and cir- 
cumftances tending to the fame conclufion will be brought together 
under one point of view, fo as to eftablilh in the moft fatisfatlory and 
unqueftionable manner the truth of the propofition, that Sir Wil- 

* The mafs thus founded at Orleans by Sir John Stuart of Derneley, continued to 
be faid daily in the chapelle of Notre Dame Blanche at Orleans, down to the prefen; 
times, and was diftinguiOied by the name of La Mefs Ecofibife. 

liam 



,^Q SIR JOHN STUART OF DERNELEY, 

PART liam Stuart, Knight, the brother of Sir John Stuart of Derneley, 
x_ ' • was one and the fame perfon with Sir William Stuart of Caftelmilk, 

T^°IX. .. . . 

Knight. 

Bn-NCii II. 

THE fads and proofs relating to Sir John Stuart of Derneley, and 
his brother Sir William Stuart, were fo much connedled and inter- 
woven Avith each other, that it was thought proper to ftate and 
colled them together under the two branches of this Part Third, 
which terminates with the death of both the brothers in February 

1429- 

The fubfequent Parts of this Genealogical Hiftory will now be 
dedicated, in the firft place, to tracing the male defendants from Sir 
John Stuart of Derneley, the eldeft brother and head of the family ; 
in the courfe of which it will appear that Cardinal Ytrk, now at 
Rome, the grandfon of James II. of England, is the laft of all the 
male defendants from the faid Sir John Stuart of Derneley, the 
firft Lord of Aubigny. 

Suppofing that point to be proved, it muft neceflarily follow, 
that the reprefentation of the Stuarts of Derneley, Lennox, and 
Aubigny, and likewife the reprefentation of the ancient Stuarts of 
Scotland in the male line, muft, after Cardinal York's death, belong 
to the perfon who fhall be able to prove his defcent in the male line 
from Sir William Stuart, the brother of the faid Sir John Stuart of 
Derneley. 

The Vllth and concluding Part of this Genealogical Hiftory will 
therefore be employed in tracing the fuccefhve generations of the 
Stuarts defcended from the firft Sir William Stuart, killed in the 
wars in France on the 12th of February 1429. 



GENEALOGICAL HISTORY 

OF 

HHE STEWARTS. 



PART FOURTH. 



Beginning from the Death of Sir John Stuart of 
Derneley, in February 1429, and tracing the Male 
Defendants from him to the Death of John Stuart 
the firft Lord Derneley and Earl of Lennox, who died 
in the Year 1494; continued to the Year 1508, when 
Bernard Stuart of Aubigny died. 



Sir John Stuart of Derneley in Scotland, Seigneur 
d'Aubigny, and Comte d'Evreux in France, left three 
Sons, Alan, Alexander, and John. 

The TENTH GENERATION, from the jirfi 
Stewart of Scotia?! d. 

1. Sir ALAN STUART, Lord of Derneley. 

2. ALEXANDER STUART, who died withoiit male ifTue. 

3. JOHN STUART, who had an only fon Bernard Stuart. 

PROOFS con^cniiiig Sir ALAN the eldcjl fon. 

WHETHER Sir Alan Stuart was in France at the time of his p a^r t 
father's death in February 1429, does not appear; but it ^ 
does appear that he was in Scotland iu the month of November 
Y 1429 i 



NoX. 



1(52 SIR ALAN STUART OF DERNELEY. 

PART 1429 ; for there is ftlll extant a decreet of Sir John Forfter of 
•■^ — 7~"^ Corftorphin, chamberlain of Scotland, dated the 3d of January 
1429-30, pronounced in a conteft between the burghs of Renfrew 
and Dumbarton, relating to the falmon fifhings in the river Clyde ; 
upon which occafion the matters in difpute were referred to the 
cognizance of an aflize or jury compofed of noblemen and gentle- 
men of that part of the country, who affembled at Glafgow on the 
22d of November 1429. The names of the Jury are inferted in 
the chamberlain's decreet, and amongft thefe there are the following 
names and defcriptions : 

" Allan Stuart Lord of Darnlee. 

" Robert Stuart Lord of , 

" Alexander Stuart. ^ 

" David Stuart Lord of Finnard *." 

As Sir John Stuart of Derneley, and his brother William, had 
been killed in France in February 1429, fo it appears moft pro- 
bable that their eldeft fons had both remained at home, as they 
thus appear to have been prefent together in Renfrewfhire in the 
month of November of that fame year (1429). There can be 
no doubt that Alan Stuart mentioned in the decreet as Lord of 
Darnlee, was the eldeft fon of Sir John Stuart of Derneley ; and 
there is as little doubt that David Stuart, Lord of Finnard, was the 
eldeft fon of Sir William Stuart of Caftelmilk, for both Finnard and 
Caftelmilk belonged to that family ; and the fame David Stuart 
here defigned of Finnard, was at other times defigned of Caftelmilk, 

* The original decreet above-mentioned is amongfl the papers belonging to the 
burgh of Renfrew, where Mr. David Erfkine had occafion to read it, as by his letter to 
Lady Stuart of Caftelmilk, dated the 27th of July 1789. He coald not make out the 
defignation of Robert and Alexander, the old writing in that part being illegible j but. 
the defignations of Alan and David Stuart are pcrfecStly legible. 

There is alfo in the Regiller-olHce at Edinburgh, a tranfumpt of the above decreet, 
dated the 12th of February 1634. 



SIR ALAN STUART OF DERNELEY. ig. 

as appears by authentic papers Hill extant, and which will be more p a r j 
particularly mentioned when treating of David Stuart of Vinnart .__ _^ , _^ _, 
and Caftelmilk in Part VII. ^'^''• 

The other two Stuarts mentioned in Sir John Forfter's decreet as 
prefent at Glafgcw upon the occafion above-mentioned were, 

Robert Stuart, Lord of , and Alexander Stuart j the firft of 

whom was probably Robert the uncle of Alan. With refpedl to 
Alexander Stuart, he was probably the brother of Alan Lord of 
Derneley ; it is known with certainty that Alan had a brother of 
,the name of Alexander, and an uncle of the name of Robert, to 
whom the lands of Wyftoun M^ere given by his father Sir Alexander 
Stuart of Derneley, as mentioned in Part II, 

The following original papers executed by Alan Stuart Lord of 
Derneley, in the years 1429 and 1433, have been lately difcovered 
in the charter-room at Hamilton, viz. 

Charter, dated at Cruxton the 5th of December 1429, by Alan 
Stuart, Dominus de Derneley ; and precept of fafme, dated at Crux- 
ton the loth of December 1429, by Alan Stuart Lord of Derneley, 
in favor of Thomas Dalziell, of certain lands in Avendale. Witnefles 
Alexander Stuart of and William de Maxwell, &c. 

Bond, dated the 2d of February 1433, by Alan Stuart Lord of 
Derneley, to Robert Dalziell, concerning a part of the lands of 
Galftoun. 

In the fame bundle in the charter-room at Hamilton, being 
N° 211 of the inventory, there are feveral deeds, receipts, and dif- 
charges granted by Katherine Seton, wife of Alan Stuart Lord of 
Derneley, concerning lands in Avendale, &c. life-rented by her ; 
fome of which papers were executed by her whilft widow of Alan 
Stuart, and others after her fecond marriage to Robert Lord Max- 
well of Carlaverock. 

Y 2 Amongft 




SIR ALAN STUART OF DERNELEY. 

Amongft the ancient papers kept in the Scotch college at Paris, 
and which formerly belonged to the Archbiihopric of Glafgow, 
there is the following original inftrument, dated the 2d of February 
1429-30 : 

" Carta Alani Stuart, Domini de Derneley, qua dat qua^dam orna- 
« menta ecclefia; Glafguen." 

Though this inftrument is defcribed to be a charter, yet it appears 
to be rather in the form of a notorial inftrument taken upon the grant 
made by Alan Stuart to the church of Glafgow. His leal, however, 
is appended to this deed, and is yet entire. It is thus defcribed ia 
tlie chartulary of Glafgow in the Scotch college at Paris : 

" Huic cartcc appenfum eft figlUum integrum exhibens fuper 
" fcuto quadripartito. 

« I & 4. Tria Lillia Gallica. 

" 2 & 3. Taffiura teffelatum duplari limbo Liliis contrapofitis 
« confitum." 

Hence it appears that Alan Stuart, foon after his father's death, 
quartered with Ids own arms thofe of France, agreeable to the 
privilege before mentioned, granted by Charles VII. ia the year 
1428, to Sir John Stuart of Derneley. 

The ornaments given by Alan Stuart to the church of Glafgow, 
ts appears from the charter, confifted of a cloak of red velvet 
(veftimentum de rubro velveto) and various other articles, under 
this condition, that he fhould have the ufe of thefe ornamenls 
whenever he fhould have occafton for them ; but that condition was 
to ceafe, eitlier in the event of his death, or of his going to parts 
beyond the feas. 

Upon the iQtli of January 1433, ^^^ ^^^^ Alan Stuart, under 
tlie defignation of Dominus de Derneley, executed a deed by which 
he mortified to tlie Predicant Friars of Glafgow twenty fhillings 
yearly out of the lands of Cathcart ; and in th-e coiurfe of the deed 

he 



SIR ALAli STUART OV DERNELEY. i5j 



he mentions his father the deceafed Sir John Stuart of Derneley. 
This deed is in the pofleffion of the Univerfity of Glafgow. «. 

It appears that foon thereafter the faid Alan Stuart of Derneley 
did go to France, and that he was placed in the fituation of Con- 
ftable of the Scottifh army in France, as his father Sir John Stuart 
of Derneley had been ; for there is in the Chambre des Comptes 
at Paris, the accompts of Antoine Raguler, Treforier de Guerre 
in the time of Charles VII. ; in which there is an article of cafti 
paid to Alan Stuart in the year 1435, in thefe words : 

" "A Alain Stewart Seigneur de Dernlc, Conneftable de Tarmee 
•' d'Ecoffe pour femblable caufe, fix vingt trois royaux deux fous 
" fix derniers Tournois." Of this article there is an authenticated 
extradl from the Chambre des Comptes at Paris. 

Notwithftanding the various grants before-mentioned by Charles 
VII. of France to Sir John Stuart of Derneley, the firft Seigneur of 
Aubigny and Comte d'Evreux, it would appear that his fortune 
and that of his family, had been injured by their exertions in favor 
of the French nation and. of Charles VII. ; fo much fo, that the 
fons of Sir John Stuart were obliged at different times to obtain 
protections from the King of France againft their creditors. Of 
this there is one inftance in the year 1437, ^^ appears by the fol- 
lowing protection amongfl the Derneley papers in the poffeffion of 
the Duke of Montrofe : 

" Protedion, dated 4th Augiift 1437, granted by Charles King 
" of France to Alan Stuart Lord of Derneley, and John Stuart 
" his brother, againft their creditors, whether of the Scottifh or 
" French nation, within the kingdom of France, for eight months 
" after their return from England." 

That Sir John Stuart of Derneley fhould have injured his for- 
tune by his exertions in France during the laft nine years of his 
life, will not appear extraordinary when it is qonfidered that he 



K R T 



,56 SIR ALAN STUART OF DERNELEY. 

1' \ R T ^vas obliged to fupport a great rank in that country, and that he 
< — :;":— ' maintained at his own expence during fo long a period, a large 
body of troops and officers from Scotland ; which fa£t is repeatedly 
mentioned in the grants made to him by Charles VII. whofe 
finances, during the period of his difficulties, did not enable him 
fufficiently to recompenfe or to indemnify Sir John Stuart for 
thofe heavy charges ; for it was not till after Sir John Stuart's 
death that Charles attained the complete enjoyment of his kingdom, 
and of the finances belonging to it. 

When Sir John Stuart and his brother went to France they 
were in pofleffion of opulent fortunes in Scotland. They engaged 
with, and continued attached to Charles during the times of his 
greateft difficulties and diftreflles, and to the laft hour of their 
lives. The facrifices they made for the caufe in which they were 
engaged, and their military exertions during many years in France, 
however they might add to their fame or to their honours, cer- 
tainly were no advantage to their fortunes, or to thofe of their 
family. 

In the year 1439 Alan Stuart of Derneley was treacherouly flain 
near Linlithgow by Sir Thomas Boyd of Kilmarnock ; in revenge 
whereof Alexander Stuart, the brother of Alan, afterwards flew Sir 
Thomas Boyd. 

Proofs concerning Alexander Stuart the fecond Son of 
Sir John, and the Brother of Sir Alan Stuart of 
Derneley. 

There are no charters or other documents in writing concerning 
this Alexander Stuart, who probably never was married, or at leaft 
left no male iffiie ; but his exiftence is fufficiently afcertained by 
what the hiftorians have related of his attachment to his brother 

Sir 



ALEXANDER STUART, SECOND SON, &c. ,5- 

Sir Alan, and of his fpirited conduit in the revenge of his murder tart 
by Sir Thomas Boyd : particularly Lindfay of Pitfcottie, in his \_ - - _? 
Hiftory of Scotland, p. 7, gives the following defcription of that ^' ^' 
event, and of the turbulent ftate of Scotland at that period : 

" In this mean time, while the country was weltering to and 
" fro in this manner, there was no other thing but theft, reifF, 
** and flaughter in the fouth and wefl of Scotland ; for Sir Thomas 
*' Boyd flew Alan Stuart Lord of Derneley, (who, ere he died, ob- 
" tained the fuperiority of Lennox from the King,) at Powmathorn, 
" three miles from Falkirk, for auld feud which was betwixt them, 
« third year after the death of King James L (who died in 1436). 
" Which deed was foon requited thereafter, for Alexander Stuart^ 
" to revenge his brother s Jlaughter, manfully fet upon Sir Thomas 
*' Boyd in plain battle, where the faid Sir Thomas Boyd was cruelly 
" flain with many valiant men on every fide. It was faughten that 
" day fo manfully, that both the parties would retire and reft them 
" diverfe and fundry times, and recounter again at the found of 
" the trumpet, while at the laft the vidory inclined to Alexander 
" Stuart, as faid is." 

Proofs concerning John Stuart, the third Son of S;r 
John Stuart of Derneley. 

In the Protedion before-mentioned, dated 4th Auguft 1437, 
granted by Charles VII. of France, John Stuart is mentioned 
and therein defcribed brother to Alan Stuart, Lord of Derneley. 

By the original grant of the lands of Aublgny, they were given 

to Sir John Stuart of Derneley, and to his heirs male in the direct 

line for ever. But in confequence of family arrangements made 

by the Stuarts of Derneley, with the approbation of the Sovereign 

6 of 



•j^3 JOHN STUART, THIRD SON, &c. 

PART of France, the lands and eftate of Aubigny went frequentlj^ to the 

^___J^^__^___j younger or collateral branches of the Stewarts of Derneley, as the 

^ ' ^- eldeft branch feldoin had it hi their power to refide in France, on 

account of their large poffeflions in Scotland which required their 

prefence there, as well as their allegiance to the Sovereign of that 

country. 

Accordingly the lands and eftate of Aubigny, and alfo the lands 
of Concreflault in France, inftead of remaining with Alan, the 
eldeft fon of the firft Sir John Stuart, went to John Stuart the third 
fon. This John Stuart remained in France, where he was Che- 
valier of the order of St. Michel, and Capitain of the Cent Gens 
d'Armes Ecoftbis ; as mentioned by Thaumafliere in his Hiftory 
of the Province of Berry, p. 697, where he fays : 

" Alain Stuart fon fils {Lc. fils de Jean Stuart, Seigneur d'Aubigni) 
" iui fucceda en la Seigneurie d'Aubigni, et apres avoir fejourne 
*' quelque terns en France il rctourna en Ecofle pour jouir des 
" grands biens de fa maifon." 

" Jean Stuart, fecond du nom, frere d' Alain, demeura en France, 
" et pofleda les terres d' Aubigny et Concourfault ; fut Chevalier de 
" I'ordre de St. Michel, & Capitaine des Cent Gens d'Armes 
" Ecoftbis. II mourut I'an 1482, et ne laifta de Beatrix d'Apecher 
" fa femme, qu'un fils, Berrault Stuart, qui fut apres Iui Seigneur 
" des memes terres." 

^' Beraud JStuart fulvant les traces de fcs lUuftres ancctres, rendlt 
" des grands fervlces aux Rois Louis XI. et Charles VIIL meme 
" en la conqucte du royaume de Naples, dont il fut fait Viceroy 
*' et Connctable de Sicile et de Jerufalem ; il fut auftl Gouverneur 
*' de Melun, Balllie de Berry, et .Due de Terre Nove. Mourut 
*' I'an 1 508 ; et ne laifta qu'unc fillc d'Anne de Maumout fon 
^' cfpouic, qui fut miiriee a Robert Stuart qui fult." 

There 



JOHN STUART, THtRD SON, &c. i^^ 

There" Is In the Chambre des Comptes at Paris, volume nume- part 
rote 13, des Anciens Homages de la Chambre de France, fol. 4664, \_.— .—,.._, 
the letter or warrant by Louis XL of France to his Treafurers of 
his Bailliage of Berry, dated 2d September 1461, making mention 
that " Jehan Stewart, Chevalier, natif du pays d'Ecofle, had that 
*' day rendered the foy and hommage-liege which was due by him 
" for the Terre and Seigneurie of Concrejfault^ and for the Terre, 
" Juftice, and Seigneurie of Aubigny fur Nerre : therefore ordering 
" them to remove any obftacles to his pofTeffion of the faid lands, 
*' whereof they are direded to give him full deliverance y&;w aucune 
*' dejloiirbler on anpechement" 

We now return to Sir Alan Stuart the eldefl fon, and the de- 
fcendants from him. 

Sir Alan married Katherine Seton, daughter of Sir William Seton 
of Seton ; and of that marriage there were at the time of Sir Alan's 
death two fons, 

I ft, John, the eldefl, who was created Lord Derneley, and af- 
terwards became Earl of Lennox. 

2d,. Alexander Stuart of Galftoun, 



[ 170 ] 



ELEVENTH GENERAriON. 

Sir JOHN STUART, eldeft Son of Sir Alan, who 

was killed in the year 1439. 
ALEXANDER STUART of Galiloun, fecond Son of 

Sir Alan. 
BERNARD STUART of Anbigny, only Son of John 

Stuart Brother of Sir Alan. 

KB. As the above-ment'ionedJoHN,ALEXANDER, and Bernard 
Stuarts, were all of them Grandfons of the firft Sir John 
Stuart of Aubigny, they are here placed in the fame Ge- 
neration. 

PROOFS concerning Sir JOHN the eldeft Son of Sir ALAN 
STUART of Derneley. 

AMONGST the Derneley papers in the Duke of Montrofc's pof- 
feffion there is an original indenture dated at Houftoun, 15th 
May 1438, between Alexander Montgomery, Knight, Lord of Ar- 
droflan, on the one part, and Alan Stuart, Lord of Derneley, on the 
other part; by which it was agreed, that John Stuart, fon of Alan, 
fliould marry Margaret Montgomery, eldeft daughter of the faid Lord 
ArdrofTan. By that indenture Alan Stuart, Lord of Derneley, be- 
came bound to infeft the lady his daughter-in-law in forty merks 
worth of land, that is to fay, the lands of Dregaini and Driimley ; 
and in cafe he the faid Alan fhould happen to recover the cftate 
of Lennox, then he was to infeft her in as much as with the forefaid 
lands would make up an hundred merk lands of old extent. 

6 Though 



JOHN LORD DJJRNELEY. 

Though this John Stuart fucceeded to his father Sir Alan in the 
year 1439, yet th^re does not appear in the records any charter, ret our, i. 
or infeftment in his favor till many years thereafter. This muft be 
owing to the deficiency of the records at that period ; for there 
is no record of retours or infeftments fo far back ; the record of 
charters at that period is very imperfed ; and the original title 
deeds themfelves have not been preferved. 

The firft mention of this John Stuart in any deed upon the re- 
cords in Scotland is in the year 1450, where there is a charter of 
confirmation dated i6th May 1450, Book iv. No. 23, granted by 
King James II. confirming a charter dated 13th May 1450, granted 
by John Stuart, Dominus de Derneley, by which he gave to his 
dearefl brother Alexander Stuait, all and haill his lands oi Dregairn ; 
and the reafon given for the donation is thus exprefled : " Pro fuis 
*' fervitiis concilio et auxilio mihi fspius impenfis et impendendis, 
" tenend' et habend' prsedidto Alexandro et haeredibus fuis mafculis 
" de corporefuo legittime procreatis vel procreandis — Quibusdeficien* 
" mihi et hseredibus meis quibufcunque de me et hasredibus meis 
" in feodo," &c. To be held blench of John Stuart the granter. 

There is in the records, Book iv. No. 296. a fhort note of a charter 
of confirmation from the Crown, dated 27th June 1452, confirming 
a charter by John Stuart of Derneley to his brother Alexander, of 
the lands of Galliftoun in the fhire of Air. 

As it thus appears that John Stuart was at thefe periods granting 
charters of part of his eftate, it implies that he had before that time 
made up his titles to thefe lands, though the title deeds do not now 
appear. 

Upon the 17th of July 1460, being in the 23d of James II. that 
Sovereign, as Stewart of Scotland, granted a charter of the lands of 
Torboltoun in the fhire of Air in favour of yoh?t Stuart of Derneley^ 
Knight ; to be held by him and the heirs male of his body lawfully 
procreated or to be procreated, whom failing, by the true neareft and 
z 2 lav.'ful 



Ifi 



JOHN LORD DERNELEY. 

lawful heh-s male ivhatfievcr of the faid John, of and under the 
, Stewart of Scotland at the time ; and to be held as one entire and 
free barony, to be called the barony of Torboltoun, in fee and he- 
retage, &c. ; rendering therefore yearly fuit and prefence in the 
Court of the Sheriff of Air, and to the Stewart of Scotland for 
the time, the wards, reliefs, and marriages when they fhould 
happen. 

The charter here referred to is amongft the Derneley papers in 
the poffeiTion of the Duke of Montrofe, and it is alfo recorded in 
the Regifter of Crown Charters, Book . It proceeds upon 

the refignation of John Stuart of Derneley, in whofe favor the 
charter was granted, which implies that before tha:t time he had made 
up his titles to thefe lands holding of the Stewart of Scotland. 

In a few weeks after the date of this charter of 17th July 
1460, James II. the granter of it, was killed at the fiege of Rox- 
burgh, on 3d Auguft 1460. 

In the next year 1461, there is a charter by King James III. 
■dated 20th July 1461, and in the firft year of his reign, of the Mains 
of Torboltoun, and alfo of the lands of Drumley, Dregairne^ and Ra- 
gathill, in the fhire of Air, in favor of the faid John Stuart of 
-Derneley, wherein he is defigned John Lord Derneley^ and Mar- 
garet Montgomery his wife, and the longeft liver of them, &c. j 
whence it appears probable that the objed of this charter was to 
give the lands therein mentioned as a fecurity in part for a join- 
ture to Margaret Montgomery the wife of John Lord Derneley. 

This charter of the year 146 1 is amongft the papers of the 
Derneley family in the pofleffion of the Duke of Montrofe ; and 
as in the charter of 17th July 1460, granted by James II. John 
Stuart was defcribed " John Stuart of Derneley^ Knight^'' while in 
the charter granted by James III. in 1 461, he was defcribed " John 
*' Lord Derneley ;" this clearly proves, that in the interval between 
I7ih July 1460, and 20th July 1461, he had been created a Lord 

of 



JOHN LORD DERNELEY. 

of Parliament by the title of Lord Derneley, and mofl probably at 
the coronation of James III. i 

George Crawfurd, in his Hiftory of the Stuart Family, p. 74, 
Hates, that John Stuart of Derneley was by King James II. created 
a Lord of Parliament with the title of Lord Derneley, in the year 
1445 ; and that he afterwards obtained from James III. in the year 
1481, the Earldom of Lennox, with the dignity. But there is 
reafon to think, that in thefe dates Crawfurd was erroneous and 
particularly with regard to the Lordfhip of Derneley ; for the two 
charters above-mentioned, the one on 17th July 1460, where John 
Stuart was defigned fimply " John Stuart of Derudey^ Knight " 
and the other on 20th July 146 1, where his defignatiou was altered 
to that of " John Lord Derneley," afford convincing proof that 
his creation as a Lord of Parliament muft have happened in that 
interval. 

In the Records of Scotland kept in the Regifter Houfe at Edin- 
burgh, there are the ads and proceedings of Parliament from the . 
year 1424, in the nineteenth year of James I. ; and in thefe there 
is no mention of Lord Derneley afting as a Peer of Parliament 
before the year 1460; but after that period he is frequently men- 
tioned, particularly in the following inftances : 

In a parliament of James III. held at Edinburgh on the 20th of 
November 1469, the King prefent in Parliament, one of the Lords 
of Parliament mentioned immediately after the Clergy and the Earla 
is '■'Dernele ;' after which the Knights and Burgefles are mentioned. 
In the fame year (1469), there were four Prelates, four Barons or 
Peers, and four Commoners appointed for hearing complaints; 
and under the title of Barons, the firft Baron named is, " The Lord 
" DernUr 
KB. It is to be obferved, that prior to 1469 there are few in- 
ftances of the names of Peers and Commoners prefent in 
Parliament being inferted in the Books of Parliament j— if any 
roll of the names of the members prefent had been preferved, 



174 

PART 



JOHN LORD DERNELET. 

It is probable that the name of Lord Dernle would have been 
found before the year 1469. 

In a Parliament of James III. i8th February 147 1, under the 
title of " Lords," there is Dcrncle immediately after Borthwick 
and before Lindfay. 

In the Parliament, 20th November 1475, there is marked amongft 
the Earls prefent " Comes de Levenox *." But for feveral years 
thereafter there is no mention in the Rolls of Parliament of an Earl 
of Lennox ; on the contrary, the name of Lord Derneley is in- 
ferted frequently in the Rolls of Parliament from 1475 to 1488. 

In a Parliament of the fame King, ift July 1476, the firft Lord 
mentioned in the lift of Domini prefent is " DeniU."' 

In a Parliament held the ift of March 1478 at Edinburgh, under 
the title of " Domini Parliamenti," prefent, there are " Dominus 
" Avendale, Cancellarius ; Dominus de Erfkyne ;" then " Dominus 
" Derneley ;" after whofe name there are mentioned eighteen other 
Lords of Parliament ; and there is alfo a lift of the members abfent j 
and it is to be obferved, that there is not any perfon under the de- 
fcription of Comes or Earl of Lennox inferted in the lift of members 
either prefent or abfent. 

On the 6th of March 1478, the Parliament delegated their full 
authority, during a certain fpace, to certain perfons of their own 
number, and the Lord Derneley is one of the perfons named to whom 
thefe powers were delegated. 

* The reafon of his being defcribed Earl of Lennox in the parliament held in the 
year 1475, has probably been this: John Lord Derneley, apprehending himfelf en- 
titled to the peerage of Lennox, as well as to the principal part of the eftate of 
Lennox, in confequence of his defcent from Elizabeth the fecond daughter of Duncan 
Earl of Lennox, and in confequence of the eldeft; daughter Margaret having died in 
1452, without leaving iflue, had aflerted his right to that peerage before the year 
1475, ="^^1 ^*''S claim had been fo far liftened to, that upon one occaHon in that year 
he had been allowed to fit in parliament as Earl of Lennox ; but upon better confi- 
deration he was not allowed to continue to make ufe of that title ; and accordingly 
reverted to his dcfignation of Lord Derneley, which he continued till the year 1488, 
in the time of King James IV. when either by creation or fucceflion he became Earl 
of Lennox, which title afterwards continued with him and his fucceflbrs. 

In 



JOHN LORD DERNELEY. 

In the PaiTiament 148 1, April nth, Lord Derneley is one of the 
Peers named in the federunt of the Lords of Parliament prefent ; and ^ 
he is alfo named in the meeting of Parliament on 13th April 148 1. 

Dernele is alfo named as one of the Lords prefent in the Par- 
liament held at Edinburgh on 18th March 1481-2 ; and in that Par 
liament he was chofen one of the Lords of the Articles. 

In the Parliament of James III. held in the year 1483, fentence 
of forfeiture pafled on the 7th of July 1483, againft Alexander Duke 
of Albany and James Liddale of Halkerftone. Then the Parliament 
was adjourned to the ythof 0£tober then next, and the three States 
committed the power of the whole Parliament in certain matters to 
the Lords of Parliament therein named, one of whom was. " Do- 
" 77iinus DernUr 

There is no mention of Derneley or Lennox as prefent in any 
of the Parliaments of the years 1484,-85,-86, or 87. 

In a Parliament of James IV. in Odober 1488, John Earl of 
Lennox is mentioned as prefent on the fecond day of that Parliament 
and clafled with the Earls ; this may be confidered as the firft time 
when John Lord Derneley was legally inferted in the Books of Par- 
liament as Earl of Lennox, for though upon one occafion at a 
Parliament held 20th November 1475, there is marked as prefent 
Comes de Lennox; yet in the very next Parliament, i ft July 1476, 
he was again defcribed under the title of Lord Derneley, and con- 
tinued to be fo defcribed till the firft Parliament of James IV. in 
Odober 1488. 

The next mention of the Earl of Lennox as prefent in Parliament, 
is on 5th February 1505 ; this muft have been Matthew Earl of 
Lennox, as his father John Earl of Lennox had died before that time. 

From what has been above ftated, it appears that the firft peerage 
enjoyed by the Stuarts of Derneley was that of Lord Derneley; and 
.that this Peerage enjoyed by them, was from the year 1461 to the 



^IS 



j^5 JOHN LORD DERNELEY. 

PART year 148S, at Icaft, before Lord Derneley became Earl of Lennox. 
(_ I'^'i _. And as the lands and eftate belonging to the Derneley family, held 
^"^ ^'^' by tliem under the Stewart of Scotland, had been granted to them by 
Robert the Stewart in the year 1361, as particularly mentioned in 
Part Second, under an exprefs condition that they fhould belong 
to the heirs male of that family while any exifled, there can be little 
doubt, though the original creation does not now appear, that the 
Peeraf'e of Derneley muft have been in favor of John Stuart of 
Derneley and /jis heirs nia/e, in a deftination fimilar to that by which 
the Derneley eftate was granted to the family. 

In the year 1466, the faid John Stuart Lord Derneley fet about 
making up his titles to certain lands in the barony of Avendale in 
the fhire of Lanark, which had belonged to his grandfather Sir John 
Stuart of Derneley, who was killed In France in February 1429 : 
to wit, the lands of Clumpton, comprehending, as parts of the 
barony of Avendale, the lands of Meickle-kype, Under Lynbank, 
Nether Lynbank, Brownfide, Ryland, and Rylandfike. Thefe 
lands had been in non-entry with the Superior for the fpace of 
thlrty-feven years, fince February 1429, as no perfon had, fince the 
death of Sir John Stuart, made up his titles to them. 

The firft ftep therefore taken by John Lord Derneley in 1466, was 
to get himfelf ferved heir in fpecial to his grandfather Sir John Stuart 
in thefe lands, wherein he had been the laft entered vafTal. This 
fervice took place in 1466 ; upon it he- obtained a precept from 
the King's Chancellary, diredled to Lord Avendale the Superior. 
He then applied to Lord Avendale for a warrant for infeftment of 
the lands held of him. Accordingly Lord Avendale ifliied his pre- 
cept of fafine, dated 13th Odober 1466, for infefting John Lord 
Derneley in the lands before-mentioned, wherein his grandfather 
Sir John Stuart had died laft infeft ; but in order to fecure the pay- 
ment 



JOHN LORD DERNELEY. 

ment of the non-entiy duties, the precept of fafine contauied the fol- 
lowing claufe : ^ 

" Capien' fecuritatem de ^480, mercis de firmls dldarum terrarum 
*' de terminis 37 annorum elaps' fafina earundem non recuperata 
" qux firmx extendunt annuatim ad 40 mercas et de quadringinta 
" mercis de relivio earund' terrarum nobis debit." This fpace 
of thirty-feven years non-entry duties, due in 1466, agrees precifely 
with the time of the death of Sir John Stuart of Derneley the laft 
•entered vaflal, who was killed in France in February 1429. 

In confequence of the above precept of fafine John Lord Derneley 
■was, upon the i8th of March 1466-7, infeft in the above-men- 
tioned lands *, as appears from the notorial inftrument fcill extant 
in the Charter-room at Hamilton, amongft the papers relating to 
the barony of Avendale belonging to the Duke of Hamilton, which 
narrates the preceding fteps ; but at the time of obtaining from 
Lord Avendale the Superior, the warrant for infeftmenti' or at the 
time of the adiual infeftment, Lord Derneley muft either have paid 
or given fecurity for the above fum of 1480 merks, as the amouijt 
of the non-entry duties fince February 1429, to the date of Lord 
AA^ndak's warrant for infeftment in October 1466, which was pre- 
cifely thirty-feven years. 

John Lord Derneley having in the years 1466 and 1467 com- 
pleted his titles in the manner above-mentioned, to the lands in the 
barony of Avendale which had belonged to his grandfather Sir John 
Stuart of Derneley, held by him of and under the Lord. of Avendale ; 
he pVoceeded in the year 1468 to make up his titles in a fimilar 
manner to the Forty Mcrk Lands of Cqftelmilk^ and the Ten Merk 

* The v/itnelTesto the infeftment in favor of Johu Lord Derneley on i8th March 
1467, were Joannes tie Rofs de Hawkhead, Miles, Alexander Stuart de Galdoun, 
Robert Stuart de Miltonfide, Johannes Rofs de Mortgronan, Adam Mure do Caldwall, 
Conftantius de Dunlop, Armigeri. 

A A Lands 



177 



JOHN LORD DERNELEY. 

Lands of Brummcl, lying in the lorcljliip cf Annandale, which had 
J belonged to the faid Sir John Stuart of Derneley, grandfather of 
John Lord Derneley, held by the faid Sir John of and under the 
Lords of Annandale as his immediate Superiors thereof. 

It has already been mentioned in Part Third, that amongft the 
Derneley papers in the poffeffion of the Duke of Montrofe, there 
has been found an original paper dated 24th OQober 1470, excr 
"cuted by Alexander Duke of Albany under the title and defcription 
of Lord of Annandale, by which he " grants to his beloved coufin 
*■ John Lord Derneley, 1950 merks to be uplifted out of the Twa- 
" part of the lands of Caftelmylke, (which, in other deeds is dcr- 
" fcribed the Forty Merk Lands of Caftelmylke,) and in the lands 
*' of Brummell (defcribed in other deeds a Ten Merk Land) lying 
*" within the lordfhip of Annandale, and being in his hands as 
" Lord of Annandale all the time of thirty-nine years bygone fmce 
" the deceafe of Sir John Stuart Derneley, in default of entry of 
" the fud Sir John's heirs." 

This authentic original deed, granted by the Duke of Albany as 
Lord of Annandale, amounts to an exprefs declaration and proof 
that thefe lands of Caftelmilk and Brummel had belonged to Sir 
John Stuart of Derneley, held by him immediately of and under the 
Lords of Annandale, and that he was the laft vaffal in thefe lands 
who had made up his titles to them in the proper feudal manner 
by inveftiture from the Superior ; in confequence of which negled 
of his fucceffors the lands had been in non-entry, and in the hands 
of the Lords of Annandale as the Superiors, for the fpace of thirty- 
nine years bygone fmce the deceafe, in February 1429, of Sir John 
Stuart of Derneley the laft entered vaffal. 

The non-entry duties of the lands of Caftelmilk and Brummel, 
lying on the borders between England and Scotland, were regulated 

by 



JOHN LORD DERNELEY. 

by the old extent of thefe lands *, to wit, forty merks yearly for 
the Forty Merk or Twa-part of the lands of Caftelmilk, and ten t 
merks yearly for the Ten Merk Lands of Brummell, making to- 
gether fifty merks yearly ; which for thirty-nine years amounted 
precifely to 1950 merks, the fum fpecified in the Duke of Albany's 
grant to John Stuart Lord Derneley. 

The non-entry duties due to the Superior are calculated at the 
time the Superior's giving warrant for the infeftment to be taken by 
the valTal who claims to be received as heir of the vaflal laft infeft ; 
and the general practice is, that the vaflal who is to receive the 
new infeftment pays or gives fecurity for the non-entry duties at 
the time of receiving the Superior's warrant for the infeftment. It 
mufl: therefore have been in the year 1468 that John Lord Derneley 
received from the Lord of Annandale the precept of fafme for his 
taking infeftment in the lands of Caftelmilk and Brummell ; for Sir 
John Stuart of Derneley the firft Lord of Aubigny died in February 
1428-9, and it appearing by the Duke of Albany's deed above- 
mentioned, that the lands had remained thirty-nine years in non- 
entry, that brings it to the year 1468, when they ceafed to be in 
non- entry ; which could only be from the heir of Sir John Stuart 
having at tbat time made up his titles to thefe lands by warrant from 
the Superior. 

* In calculating the annunl value ami amount of non-entry duties, tlie general 
rule obferved was, that the valuation of the lands known by the defcription of the 
New Extent was confidered to be the real'annual value of them. But from this there 
•was an exception in the cafe of lands on the borders ; where the non-entry duties 
were eftimated, not according to the new extent, but according to the ok! extent 
only, which was generally but a third or fourth part of the new extent. This ex- 
ception in the cafe of lands on the borders, and the reafon of it, is ftated in Craig 
de Feudis, lib. ii. dieg. 17- § 3". p- 361. where, fpeaking of non-entry duties, he ftates, 
that in general they are regulated by tlie new extent ; but adds : " Apud limitarios 
" novi extentus r.itus \ix habetur nee in iis nifi antiquis requiritur quia eorum arva 
" ab hoftibus plerumque infeftantur neque folides fruftus capere idco prefuuuntur 
" intcrdum omnino excluduntur." 

-^ A 2 That 



j5o JOHN LORD DERNELET. 

PART That -warrant, according to the ufual form, would contain a claufe 
,_ _1^1. ^ direding fecurity to be taken for the bygone non-entry duties. Of 
^^ ■^^' this an example has been given in what happened when the fame 
John Lord Derneley made up his titles to the lands in the barony 
of Avendalc held of the Lord of Avendale as Superior, when the 
warrant for infeftment granted by that Superior contained the claufe 
before recited for taking fecurity for 1480 merks as the amount of 
the non-entry duties for thefe lands in Avendale barony for the 
fpace of thirty-feven years. Therefore when John Lord Derneley 
obtained, in the year 1468, the Lord of Annandale's warrant for 
taking infeftment in the iands of Caftelmilk and Brummel, he muft 
have granted his obligation or fecurity for paying the bygone non- 
entry duties for thefe lands for thirty-nine years, amounting to 
1950 merks; and it muft Jiave been for the purpofe of relieving 
him from that obligation, that the Duke of Albany, as Lord of An- 
nandale and Superior of the lands of Caftelmilk, gave to Lord 
Derneley the above grant in October 1470, of the non-entry duties. 

By the terms of the faid deed by the Duke of Albany as Lord 
of Annandale, he grants to John Lord Derneley the faid fum of 
1950 merks to be tiplifted out of the lands of Caftelmilk and Brum- 
mel. This was applicable to the ftate of the fuperiority and vaflalage 
^ of thefe lands at that time ; for though John Lord Derneley held • 

the lands of Caftelmilk and Brummel immediately of and under the 
Lords of Annandale ; yet he had not the beneficial intereft in thefe 
lands at that time, for the property of them belonged to the Stuarts 
of Caftelmilk, the heirs of Sir William Stuart of Caftelmilk, who 
held them immediately of and under the elder branch of the family, 
the Stuarts of Derneley, who were the intermediate Superiors between 
them and the Lords of Annandale. The Stuarts of Caftelmilk, the 
proprietors, could not get their titles to thefe lands made up fmce 
the death of Sir John Stuart of Derneley, who died in 1429, as his 
heirs, who were the immediate Superiors to the Stuarts of Caftelmilk, 
8 had 



JOHN LORD DERNELEY. l8i 

had not made up their own titles ; therefore the non-entry duties in- part 
curred muft uUimately have been due by the Stuarts of Caftehnilk, ■_ -^' _j 
the proprietors of the lands ; and it was for this reafon probably, '^^ ^^' 
that the deed granted by the Duke of Albany in 1470, inftead of 
being in the form of a difcharge to Lord Derneley for the 1950 merks 
of non-entry duties incurred, was in the fliape of a grant entitling 
him to uphfl thefe non-entry duties out of the lands of Caftelmilk 
and Brummel, for his own relief. 

As it thus appears that Lord Derneley had made up his titles to 
the lands of Caftelmilk and Brummel about the year 1468, there is 
reafon to believe that Matthew Stuart of Caftelmilk, the proprietor 
of thefe lands, (the fon of the firft Sir William Stuart of Caftelmilk,) 
who, upon the death of his elder brother Archibald Stuart, fucceeded 
to the property of the lands of Caftelmilk and Brummel at that very 
period, or at lateft In the year 1470, did at that time apply to and 
obtain from Jolrti Lord Derneley, his immediate Superior, the 
charter or other deed neceflary for making up his titles to the pro- 
perty of the lands of Caftelmilk and Brummel ; and it was pro- 
bably for the purpofe of enabling Lord Derneley to grant the proper 
feudal titles to his coufm Matthew Stuart, that he applied to the 
Duke of Albany for receiving himfelf as vaflal to the Lord of An- 
nandale in thefe lands ; though little benefit could arife to the 
Derneley family from that intermediate fuperiorlty, other than the 
dependence of the younger upon the elder branch of the family *.. 

It 

* In confirmation of what has been above ftated, there are proofs that, befides 
the near degree of rehtionfhip in which Matthew Stuart flood to John Stuart 
Lord Derneley, there was much intimacy and intercourfe between them ; and 
there are alfo proofs that it was precifely in the period between 1468 and '1470 
that Matthew Stuart, whofe firft dcfignation was that of Caffiltoun, fucceeded to the 
eftates of Caftelmilk and Fynnart, after which time he was promifcuoully defigned 
of Caftelmilk and of Fynnart. 

Ther& 



jg2 JOHN LORD DERNELEY. 

PART It was agreeable to the pradlice of thofe times, and to that of the 
L -.- _f Derneley family in particular, to retain to the elder branch of the 
^'' ^^' family the fuperiority of the lands whereof the property had been 
given to the younger branches of the family : and as the tenure by 
which they were held was generally that of ward-holding, they 
efteemed it of feme value that they had thus a power of requiring 
their military fervices when necefiary. 

It has been clearly fhewn that Sir John Stuart of Derneley, who 
died in the year 1429, had made up his titles both to the lands which 

Chaiteiof There is a charter dated 6th June 1464, by John Stuart Lord Derneley, in favor 

confimiaiion ^^ Thomas Stuart of Albany, of the lands of Balderran in Stirlingfliire ; to which 
Great Seal, lib. charter Matthew Stuart of CatTdtoun is a witnefs, along with Andrew Stuart Lord 
vi.N0.j2. Avendale, Chancellor of Scotland, Murdock Stuart, Miles, and John Maxwell of 
Nether Pollock, &c. 

Matthew Stuart was alfo defigned of CalTdtoun in a judicial ratification by Ifabella 
Norvell, Lady of Cardonald, on 24th November 1466 ; and in an inftrument of re- 
fignation dated 14th July I4'i8, by Lady Katherine Seton, Lady of Derneley and of 
Maxwell, to which inftrument James Lord Hamilton and Matthew Stuart of Caf- 
{iltoun were witnefles. 

But foon after that period he ceafed to be defigned of Caffiltoun, and took the de- 
fignations of Caftelmilk and Fynnart, fometimes making ufe of the one, and fometimes 
of the other. Thus in a charter dated 3d May 1470, granted by John Lord Derneley 
to James Campbell of Brackenrig, of the lands of Brownfide in the barony of Aven- 
dale, the witnefles are Matthew Stuart, of Fynimrl, George Maxwell of Carnfallock, 
Alexander Stuart of G.dftoun, and John Stuart Provoft of Glafgow: all t'lefe wit- 
nefles were near relations of John Stuart Lord Derneley. 

Matthew Stuart, defigned of the Fpmart, is alfo witnefs to a precept of fafine dated 
3d May 1470, granted by Jolin Lord Derneley, direfted to his friendsJAlexander Stuart 
of the Galfloun, and John Hamilton of the Haintliaw. And Matthew Stuart is alfo 
witnefs to a difcharge dated 3d May 1470, by John Lord Derneley, relating to the 
lands of Brownfide, where he is defigned Matthew Stuart of Fynnart. 

In an indrumcnt of fafine dated 23d April 1473, "^ favor of Patrick Murray, of 
certain lands in Annandale, one of the witnefles was William Stuart, the eldell fon of 
the faid Matthew Stuart ; and the witnefs is thus defcribed : " "William Stuart fon 
«' and apparent heir to Matthew Stuart of Cnjhlinilk." 

Obligation dated 8th June 1473, ^"i '^'^ Predicant Friirs at Glafgow, relative to a 
donation of ten merks yearly made to that convent by '■^ Matthew ^tiwrt Laird of 
"Cajlelmilk." 

belonged 



JOHN LORD DERNELEY. 183 

belonged to him in the barony of Avendale, and to the lands of part 
Caftelmilk and Brummel which belonged to him in the lordfhip of (._ — .-l.-j 
Annandale ; and that in confequence thereof, his grandfon John 
Lord Derneley, in eftablifliing his right to thefe lands, connetled 
his titles with thofe of Sir John Stuart his grandfather, who had 
been the laft vaflal received by the Superiors of thefe refpedtive 
lands. And it will appear in the fequel, that the fucceflbrs of John 
Lord Derneley, knowing that he had completed his titles to the 
lands of Caftelmilk and others above-mentioned, connedted their 
titles to thefe lands as heirs to him therein. But as many of the 
original and ancient papers of the Derneley family have from the 
injury of time been loft or miflaid ; and as the records of the old 
lordftiip of Annandale, and llkewife the records or chartularies of 
the barony of Avendale, do ;not now exift, or at leaft have-not been 
difcovered ; fo it is difficult now to afcertain in what manner Sir 
John Stuart of Derneley (the grandfather of John Lord Derneley) 
acquired right to the lands which certainly belonged to him in the 
barony of Avendale, or to the lands of Caftelmilk and Brummel, 
which with equal certainty belonged to him in the lordfliip of An- 
nandale ; whether they were acquired by himfelf, or whether he 
inherited them from fome of his anceftors. 

With regard to the lands and eftates held by the Derneley family 
immediately of and under the Crown, or of and under the Prince 
and Stewart of Scotland, John Lord Derneley appears to have made 
up his titles to thefe feveral lands and eftates, though there is fome 
degree of uncertainty as to the periods at which the titles to thefe 
were firft eftabliftied in his favor. 

Upon the 2ift of June 1473, King James III. by a deed of pro- 
mife under his private feal, and fubfcribed by him of that date, 
declared, that John Lord Derneley had refigned in his Majefty's 
hands his laiads of the lordftiip of Derneley, Inchennan, lying ia. 

the 




JOHN LORD DERNELEY. 

the flieriffdom of Renfrew; Torbolton, DregaiiTi, and Galfloun, 
lying in the fherlffdom of Air; and the lands of Bathcalt, lying in 
the flieriffdom of Edinburgh; to remain in his Majefty's hands 
until the faid John Lord Derneley his entry to his part of the lands 
of the earldom of Lennox, and thereafter until he fliall have infeft 
and given to his Majefty's well-beloved coufin and Chancellor 
Andrew Lord Avendale, the faid lands of the earldom of Lennox 
in life-rent, as freely and in fuch form as the faid Chancellor had the 
fame lands of his Majefty before ; and alfo until William Edmon- 
ftone of Duntreath be made fecure by the faid John Lord Derneley 
for his part of the faid lands of Duntreath, and others lying in the 
faid earldom of Lennox, which he, Willlatn Edmonftone, has by 
infeftment and gift heretably of before. And it is declared, that 
upon the Lord Avendale and William of Edmonftone being made 
fecure and content with refpedl to the premifes, that immediately 
thereafter his Majefty fliould give again to the faid John Lord 
Derneley, all -his faid lands of Derneley, Inchennan, Torbolton, 
Dregairne, Galftoun, and Bathcate, and infeft him heretably therein 
as fully as he held them of before, without coft or expence, or any 
impediment. 

Upon the 4th of December 1475, letters were granted by his Ma- 
jefty, appointing John Lord Derneley (therein defigned Earl of 
Lennox) his Majefty's Lieutenant within the bounds of the fhires 
of Renfrew, Air, Wygtoun, and the Weft Ward of Clydefdale- 
Public Records, Book vii. No. t,^t,. 

Here it may be proper to give a general view of tlic fteps taken by 
■ John Lord Derneley for aflcrting his right to the eftate and honours 
"of the old Earls of Levenax, or at leaft to a certain portion thereof, 
in riglit of fucceffion from his grandmother Lady Elizabeth Levenax, 
who was daughter of Duncan Earl of Levenax and wife of Sir John 
Stuart of Derneley, grandfather of John Lord Derneley. 

Duncan 



AND EARL OF LENNOX. ig^ 

Duncan Earl of Lennox had three daughters, Ifabel, Elizabeth, part 
and Margaret. The eldeft of thefe daughters, Ifabel Levenox, mar- ,_ . ' _j 
ried, in the year 1391, Murdoch Duke of Albany, eldeft fon of N° xr. 
Robert Duke of Albany, Governor of Scotland ; after whofe death, 
in 1425, fhe enjoyed the Levenox eftate till 1452, when fbe died,, 
without leaving any furviving iffue. 

For fome years after 1452, according to Sir Robert Douglas in 
his Peerage, p. 398, the earldom of Lennox fell into the King's 
hands, as the next heirs did not for fome time profecute their titles. 

But in the year 1460 John Lord Derneley took inftruments on 
his requiring Andrew Stuart Lord Avendale, Chancellor of Scotland, 
to iffue brieves, " ad inquirendum de quibus terris et annuls re- 
*' dittibus cum pertiten' quondam Duncanus Comes de Lennox, 
" pater Elizabethse de Lennox, avoe di£t' Joannis obilt ultimo veftit 
*' et fafit infra di£t' vicecomitatum, et fi ipfe Joannes Stuart effet unus 
" de legittimis ha^redibus didi quondam Duncani." The inftrument 
is dated 1 6th December 1460; and the procurator for John Lord 
Derneley upon this occafion was his brother Alexander Stuart. 

Upon the 12th of Odober 1463, John Lord Derneley took an 
inftrument, upon his exhibiting a petition to the King and Parlia- 
ment, to be infeft in the half of the eftate of Lennox. 

Upon the 23d of July 1473, John Lord Derneley was adually 
ferved heir to Duncan Earl of Lennox, his great-grandfather, (as 
being lawfully defcended from EUzabeth the daughter of the Earl,) 
in half of the earldom of Lennox, and in the principal meffuage of 
the earldom, which had been in the King's hands for the fpace of 
forty-eight years by the death of Earl Duncan. And on the 27th 
of July 1473, John Lord Derneley was infeft in the premifes upon 
a precept from the Chancery following on the faid fervice ; at taking 
which infeftment, Alexander Stuart, brother to Lord Derneley, was 
attorney for him. 

Upon the 2d of 0£tober 1473, there was a precept iffued by 

King James IIL charging the tenants and inhabitants of the earldom 

B a of 



JOHN LORD DERNELEY, 

of Lennox, to anfwer, attend, and obey John Earl of Lennox, Lord 
i Derneley. Of which precept a tranfumpt was taken, as appears by 
the inftrument of tranfumpt dated 14th Odober 1473. 

The competition for the lands and eftate of the earldom of 
Lennox, in which the competitors were, John Lord Derneley, as 
defcended from Elizabeth the fecond daughter, and the defcendant 
from Margaret the third daughter of Duncan Earl of Lennox, Lifted 
for many years, and feems not to have been completely fettled till 
about the year 1493 ; for there is a commiflion dated 8th July 
1493, by John Lord Derneley, therein defigned Earl of Lennox, 
to Matthew Stuart his well-beloved fon and apparent heir, and to 
John Stuart of Henriefton, alfo his fon, to go to the Kirk of Drymen 
on the 9th of July then inftant, and to commune and agree with 
John Haldane of Gleneagles anent the avail of the earldom of 
Lennox. 

That commiflion feems to have been granted for the purpofe of 
carrying into execution the terms of an arrangement made between 
John Earl of Lennox and John Haldane of Gleneagles, for there was 
an indenture of agreement figned between thefe parties in July 1493. 
And there was alfo an indenture of agreement executed on the 
1 6th of May 1490, between John Earl of Lennox and his fon 
Matthew on the one part, and Elizabeth Monteith and her fon on 
the other part. Thefc feveral agreements appear to have put an end 
to the conteftation ; and as John Lord Derneley, in thefe inden- 
tures with his competitors, takes the title of Earl of Lennox, it is 
clear that the queftion about the peerage of Lennox muft have been 
fettled and acknowledged before the year 1490 ; the firft traces of 
John Lord Derneley having been formally acknowledged as Earl 
of Lennox, appears to have been in the firft year of the reign of 
James IV. to wit, in the year 1488. 

With regard to the title of Earl of Lennox, Duncan Stewart, p. 153 
of his book, fays, that John Lord Derneley defigned himfelf Earl 
of Lennox in 1483, in right of his grandmother, daughter to Duncan 

Earl 



AND EARL OF LENNOX. 

Earl of Lennox ; which title he gave up, and was aftenvards created 
Earl of Lennox by King James IV. anno 1488 *. i. 

The patent, or charter creating John Stuart, Lord Dernelcy, Earl 
of Lennox, has not been difcovered, therefore nothing pofitive can 
be aflerted with regard to the terms of it, or the deftination of that 
title. 

Amongft the adls of Parliament of King James IIL there is an 
ad pafled in the Parliament begun at Edinburgh the 2d of April 
1481, in which there is this article: " Item, Our Sovereign Lord 
" has ordained that the Lord Derneley be Warden in the Weft 
*' Borders ; and commands and charges that all his lieges anfwer 
" and obey him and his lieutenants in the faid office in time to 
" come." 

In the times of the confufions which took place during the 
troubled reign of James III. when the greateft part of the nobles 
rebelled againft him, and when they conveyed him from Lauder 
to the Caftle of Edinburgh as a prifoner, John Lord Derneley is 
mentioned by Lefley as one of thofe confederated Lords who feized 
the King at Lauder in 1482, as well as Lord Avendale the Chan- 
cellor, and the Lord Lyle, with whom Derneley appears to have 
been much connected. 

On the other hand, Duncan Stewart, in his Hiftory of the Stewarts, 
p. 153, fays, that when the civil war broke out in King James the 

* Crawfurd, in his Hiftory of the Stuarts, p. 74, fays, that Sir John Stuart of 
Derneley, ftanding high in favor with King James II. was by that monarch created a 
Lord of Parliament, with the title of Lord Derneley, in the year 1445 5 ^'^'^ that he 
obtained the earldom of Lennox, with the dignity, about the year 1481 ; that this 
John Earl of Lennox died anno 149 1. It is clear that in all thefe particulars Craw- 
furd is inaccurate ; for it has be«n already (hewn that John Stuart of Derneley was 
not Lord Derneley before the year 1461 ; that he fat and a£led in the Scottifh Par- 
liament, not as Earl of Lennox, but as Lord Derneley, till after the year 148 1 ; and 
that he was alive in the year 1493 : it appears alfo that he did not attain undifputed 
(mioyment of the title of Earl of Lennox before the year 1488. 

B B 2 Third's 



187 



JOHN LORD DERNELEY, 

Third's time, John Lord Derneley joined the King agalnft the rebels 
; and the Prince. 

The tranfadions of thole times are involved in great obfcurity 
from the want of contemporary authors, or of the proper authentic 
materials for hiftory, fo much fo, that it is very difficult to afcer- 
tain the truth of fads, or to trace with certainty the adors in the 
different events. 

It is certain tliat John Lord Derneley was one of the Peers who 
attended the King during his confinement in the Caftle of Edin- 
burgh. This is proved by a deed ftill extant, executed by James IIL 
on the 19th of Odober 1482 ; the terms of which imply that his 
Majefty had great confidence in John Lord Derneley. It declares 
it was at the King's particular prayer and command that John Lord 
Derneley, and certain perfons attached to him, remained with his 
Majefty in the Caftle of Edinburgh, to wait upon his perfon night 
and day, and to preferve him from certain Lords and perfons who 
were there about him, and who, as the King fufpeded " would 
" have flain and undone him." Therefore the King, by the faid 
deed, ordered a letter to be pafled under the Great Seal, reciting 
thefe fads, and declaring John Lord Derneley and his ferviteurs 
and familiars who were with him in the faid Caftle, all of whom, 
to the number of fixty-fix, are therein named, are to be free of all 
adions of crime of the King's hurt, majefty, or accufation, that 
may be imputed to him or them in any ways for the caufes afore- 
faid, or occafion thereof. And declares the faid John Lord Derneley 
and the perfons therein named his true lieges, &c. 

This original deed, which feems to have been unknown to all 
the hiftorians of the events in thofe times, is amongft the Derneley 
papers in the Duke of Montrofe's pofleflion, with the King's fub- 
fcription to it ; and will be found in the Appendix. 

Whether the above declaration contained the King's genuine fen- 

tlmcnts with regard to John Lord Derneley, or whether it was 

4 meant 



AND EARL OF LENNOX. 

meant to be of the nature of a pardon to him, the author will not 
pretend to decide. ^ 

King James III. lived feveral years after the date of the above 
deed in 1482, having lived till the nth of June 1488; when he 
was bafely murdered at a miln near Bannockburn, in his retreat 
after the battle that day fought betw^een his troops ahd thofe of 
the confederate Lords who had rifen in rebellion againft their 
Sovereign. 

During all that fpace, from 1482 to nth June 1488, there were 
no indications of the King's having entertained fentiments with 
regard to John Lord Derneley different from thofe expreffed in 
the above-mentioned deed executed by him in the year 1482 ; 
and this is the more remarkable, as it appears that the King did en- 
tertain fentiments of refentment againft fome of the Lords who had 
advifed his being confined in the Caftle of Edinburgh as a pri- 
foner. It is particularly mentioned by Lindfay, p. 82, that the King, 
after his being liberated from confinement, put certain Lords in 
the Caftle of Edinburgh in ward, who were the counfellors of the moft ' 
part of his in-putting, which were in number fixteen, to wit, the Earl 
Bothwell, Lord Hume, Lord Avendale, Chancellor for the time. Lord 
Gray, Lord Drummond, the Lord of Eglintoun, Lord Fleming, Lord 
Seton, Lord Maxwell, with fundry other great Barons. In that lift 
there is no mention of the Lord Derneley ; which favors the opinion 
that the deed before-mentioned contained the genuine fentiments 
of that monarch with refpedl to him. 

It is alleged that John Lord Derneley and his fon Matthew muft 
have been hoftile to James III. becaufe Matthew, Mafter of Derneley 
was in a fafe-condu£t granted by the King of England, dated 5th 
May 1488, united with the Bifhops of Glafgow and Dunkeld, the 
Lord Lyle, the Earl of Argyll, the Lord Hailes, and others, who 
were known to be hoftile to James, and w^ere proceeding to Eng- 
land to treat about matters relating to Scotland. 

It 




JOHN LORD DERNELEY, 

It appears that in the firft Parliament of James IV. in the year 
John Earl of Lennox was prefent on the fecond day of its 
fittino-, and that Lord Lyle was then Juflice General ; that Par- 
liament, it is believed, was not attended by thofe who had fupported 
the caufe of the deceafed Sovereign James III., it was attended only 
by thofe who had efpoufcd the caufe of the Prince and of the con- 
federated Lords. 

Befides thefe proofs of his connedion with the Prince's party, 
there were feveral inftances of favor fhewn to Lennox and his fon 
Matthew in the early part of the reign of James IV., from all which 
it muft be confefled, there is too much reafon to conclude that 
John Lord Derneley, Earl of Lennox, was in confidence with the 
party which depofed James III. and availed himfelf of the circum- 
flances of the times to eftablifh his title to the earldom of Lennox, 
which had been withheld from him fince the death of Ifabel 
Countefs of Lennox in 1452. 

Upon the loth of Odober 1488, the cuftody of the Caftle of 
Dumbarton was, by a Royal Comm.iflion from James IV., committed 
to John Lord Derneley, therein defigned Earl of Lennox, and to 
his fon Matthew, afterwards Earl of Lennox. Public Records, 
Bookxii. No. 61. 

By the eighth adt of the Parliament 1489, the Earl of Lennox, the 
Lord Lyle, and Matthew Stuart, are commiflioned to maintain peace 
in Renfrew, Bothwell, Glafgow, Kilbride, and Avendale. 

In the courfe of the year 1489, the Earl of Lennox and his fon 
Matthew, and Robert Lord Lyle, appear to have been engaged in 
an infurredion againfl the exifting government : the circumftances and 
caufes of which are involved in great obfcurity. The moft probable 
account of it given by the hiftorians, and particularly by Mr. Pin- 
kerton the lateft author on the fubjed of the tranfadions of thofe 
times vol. ii. p. 8., is, that many of the nobles ftill nourilhed the 
memory of their loyalty to James III., and were much diflatisficd 

with 



AND EARL OF LENNOX. 

with the meafures purfued by thofe Lords who took the lead of 
affairs after his death ; that thefe difcontented Nobles affeded to » 
regard the King as a captive in the hands of his father's murderers ; 
that Alexander Lord Forbes difplayed in Aberdeen and other northern 
towns, the bloody fhirt of his murdered Sovereign fufpended from 
a fpear, and loudly fummoned all good fubjedls to revenge. The 
flame began to fpread to a great extent ; the difcontented Nobles, 
among whom were fome who had engaged in the Prince's caufe, 
but had now reafons of enmity againft his counfellors, having fixed 
and communicated their defigns, the Earl of Lennox led a con- 
fiderable force towards the north to join their ftandard. Finding it 
impradtlcable to march by the bridge of Stirling, he turned to the weft, 
intending to pafs the Forth by a ford, and encamped at a fpot called 
Tilly Mofs, where he was unexpectedly attacked by Lord Drummond, 
who, by means of a deferter from Lennox, had got intelligence of 
his motions, and having advanced, haftily attacked, in the night, 
the troops under Lennox, who, having taken no proper pre- 
cautions for their fecurity, were fpeedily defeated and difperfed. 

This infurredion is fuppofed to have happened in the fummer 
of the year 1489. In the fame year, and probably conneded with 
the fame Infurredion, or as a confequence of it, Matthew Stuart, the 
heir of the Earl of Lennox, and Robert Lord Lyle, defended Dum- 
barton Caftle againft the exifting government. 

It was probably for thefe tranfgreflions that In the month of 
June 1489, a fentence of forfeiture was pafled in the Parliament of 
Scotland, againft John Earl of Lennox and his fon Matthew, and 
againft Robert Lord Lyle ; but the ad of forfeiture Itfelf Is not 
now to be found in the Records of Parliament ; for it was, upon the 
5th of February 1489-90, refclnded and annulled by the King 
and Parliament ; and in confequence thereof, his Majefty, upon 
the 6th of that month, liTued a precept direded to the clerk regifter,. 

ordering 



192 



JOHN LORD DERNELEY, 

ordering him to take furth of the books of Parliament the fald 
J procefs of forfeiture, and to deliver the fame to the faid John Earl 
of Lennox and to Robert Lord Lyle, and to deftroy the faid procefs 
in fuch way that it be never feen in time to come. 

The above-mentioned order from the King to the clerk regifler 
is in the books of Parliament under the follow^ing title : " Prze- 
" ceptum -Regis pro extraflione proceflus Comitis de Levenox, 
" Robert! Domini Lile, et Matthei Stuart." 

There is alfo in the Books of Parliament at the Regifter Houfe 
in Scotland, the adt dated 5th February 1489-90, by the King and 
Parliament, caffing and annulling the faid forfeiture ; vphich adt pro- 
ceeds upon a recital, that it had been found by fentiment of Par- 
liament, that the procefs of forfaulture led in the lojl Parliament 
againft John Earl of Lennox, Robert Lord Lyle, and Matthew 
Stuart, was not lawfully led nor deduced to be juft and goodly, ac- 
cording to the common law and confuetude of other procefles of 
forfaulture led of before. " Therefore his Majefty, with avife, counfale, 
" and degeft mynd and deliverance of our faid Parliament, caffis 
" and annullis, by his owne proper mouth, the faid fentence and 
" doom of forfeiture given and pronounced by the mouth of John 
" Dempfter, againft the faid John, Robert, and Matthew, with all 
'« things following thereupon." 

This adt bears to be figned by his Majefty, fitting in judgment 
in his Parliament at Edinburgh, the jth day of the month of 
February, the year of God 1489 years, which in modern ftyle 
was 1490; confequeritly it was in the preceding year 1489, 
that the faid procefs of forfaulture had been carried on and pafled 
againft the parties. The docket of this adt is in thefe words : 
" In quorum omnium fmgulorum fidem et teftimonium premif- 
" forum magnum figillum didti Domini noftri Regis, & figilla Reve- 
" rendorum et Venerabilium Fratrura Epifcoporum, Abbatum, 

•* Priorum, 



AND EARL OF LENNOX. 

*' Pnorum, una cum figillis Ducum, Comitum, Dominorum Baronum, 
*' libere tenendum & burgorum commiffionanorum prefeniibus j, 
*' apponi ordinatum extitit." 

In another parliament held by James IV. commencing on the 15th 
day of February 1489 (1490), there is an ad, chapter 92, intitled 
*' The Remit of them that was in Dumbarton with the Lord Lyle." 
The words of the ail are : " Item, It is ftatute and ordainit be our 
*' fouverane lord in this prefent Pai-liament, that all perfounes com- 
*' monis on the fouth fide of the watter of Forth, that tuke part with 
" Robert Lord Lyle and Matthew Stuart in the balding of the caftell 
" of Dounbartane againe our fouveraine lord, and all convocatioun 
*' maid thairupon agane our fouverane lord, be fre remittit be the 
" wryting of this a£t, and ftatute for that adtion allenarlie. Sa that 
*' they need not to rafe nane uther feillis. And gif it happinis any 
" of the faid perfouns to be indided for the faid caufe, that they 
*' fall find fourtie to make fatisfadioun to the parties complainZcand, 
*' as effeiris of law," &c. 

Amongft the Derneley papers in the pofleflion of the Duke of 
Montrofe at Buchanan, there is a pardon or remiflion, dated at Edin- 
burgh, 1 2th February 1489, (in modern ftyle 1490,) by which 
King James IV. with advice of the three States of the kingdom in 
full Parliament aflembled, granted a pardon and remiffion under the 
Great Seal " Pro arte et parte proditoria^ fufFulcionis et detentionis 
" caftri noftri de Dumbartane contra noftram Regiam majeftatem ; 
*' et pro arte et parte proditorii incendii vilfe de Dumbartone, et pro 
*' omnibus aliis proditoriis traditionibus rebellionibus," &c. 

The perfons firft named in the laid pardon and remilTion are : 

" Mattheus Stuart, fillus et heres apparens Joannis Comitis dc 
*' Levenox, Domini de Derneley. 

" Alexander Stuart, Robertus Stuart, fratres didi MattheL" Then 
follow a great many other names, and amongft thofe of the name 
of Stuart tlifere are : 

c c <' Joannes 



J93 




JOHN LORD DERNELEY, 

" Joannes Stuart, films Comitis de Levenox. 

" Willielmus Stuart de Caftelmilk *. 

" Alexander Stuart, filius fuus. 

" Joannes Stuart, filius fuus. 

" Mattheus Stuart, Joannes Stuart, filii fratris did' Willielml." 

The evidence above ftated leaves no room to doubt that the Earl 
of Lennox and his family, affifted by his relations and vaffals, the 
Stuarts of Caftelmilk and others, had been guilty of treafon againft 
Tames IV. by holding out the caftle of Dumbarton againft his Ma- 
jefty, and burning the tov?n of Dumbarton, &c,; but it is fmgular 
that no account of what thus happened at Dumbarton, nor the mo- 
tives or confequences of it, is to be found in any hiftory of thofe 
times ; at leaft all the refearches made by the author have not been 
able to difcover any hiftory, manufcript, or book giving an account 
of thefe tranfa£tions at Dumbarton in which the Stuarts of Derneley 
and of Caftelmilk were concerned, and which had made it fo necef- 

* From the pardon above mentioned, granted by James thelVth in February 1490^ 
It appears, that John Earl of Lennox himfelf had not been perfonally prefent at holding 
out the caftle of Dumbarton, &c. againft his Majefty, but that his eldeft fon Matthew, 
and other three of his fons, Robert, Alexander, and John, had all been engaged in it. 
Robert the fecond fon was the fame perfon who afterwards fucceeded to the lordftiip 
of Aubigny in France, and who, after diftingullhing himfelf in many military enter- 
prifes, was promoted to the high rank of a Marechal of France, at a time when there 
were only four Marechals of that kingdom. 

It is remarkable that in wha't thus happened at Dumbarton, which was confidered 
as a fpecies of rebellion againft his Majefty's authority, there were no lefs than five of 
the Stuarts of Caftelmilk who had embarked in it with their coufins the Stuarts of 
Derneley, and who therefore ftood in need of the royal pardon as much as they did. 
This is an additional proof of the relationlhip and ftrong connexion between thefe two 
families of Derneley and Caftelmilk ; and alfo may be confidered as a confirmation of 
what has already been ftated concerning the lands of Caftelmilk being held by the 
Stuarts of Caftelmilk immediately off and under the Stuarts of Derneley, and by 
the tenure of wardholding ; for by that tenure the vaffal was bound to follow his 
fuperior or overlord in his military enterprifes. 

6 - fary 



AND EARL OF LENNOX. 195 

fary for them to obtain a pardon from his Majefty, with confent of P a^r t 
the States of the kingdom. _ '""^T^^ 

In the fame year in which the above pardon was granted, to wit, 
in the year 1490, it appears that John Earl of Lennox, fo defigned, 
obtained from King James IV. a charter dated the ift of June 1490, 
proceeding upon the Earl's own refignatlon, in favor of his eldeft 
fon Matthew and his heirs, of the earldom of Lennox, lordfliip of 
Derneley called Cruickinfee, and lands of Galftoun, referving to the 
Earl his life-rent of the whole lands, and to Margaret Montgomery 
his fpoufe, her life-rent of the third part thereof. The original 
charter is amongft the Derneley papers in the Duke of Montrofe's 
pofleflion, and it is alfo upon record. 

In 1499, Matthew Earl of Lennox got a charter of confirmation of 
the above charter, which had been granted during the King's minority. 

The precife date of the death of John Earl of Lennox has not as 
yet been afcertained ; but it muft have been fubfequent to the 8th 
of July 1493, when he granted the before-mentioned commiffion to 
Matthew Stuart his fon and apparent heir, and to John Stuart of 
Henriefton, alfo his fon, to go to the Kirk of Drymen to commune 
and agree with John Haldane of Gleneagles concerning the avail of 
the earldom of Lennox ; and it muft have been before the i ith of 
September 1495, for on that date there is an infeftment in favor of 
Matthew Earl of Lennox (fo defigned) and Elizabeth Hamilton his 
fpoufe, in joint fee and life-rent, in the mains of Derneley, the lands 
of Craig of Nielfton, Haneflioufes, and Greenbills, to which fafine 

oneof the witnefl-es is « nobilis et egregius vir Magifter Alexander 

« Stewart Germanus didi Domini Matthxi." 

Duncan Stewart in his Hiftory of the Stewarts, p. 153, fays that 

John Earl of Lennox died in 1494, and that the iffue he left by his 

wife Margaret Montgomery, were four fcus and five daughters, viz, 
(, c 2 Matthew 



JOHN LORD JDERNELEY, 

I. Matthew, his fucceflbr. 
J 1. Robert Lord d'Aubigny. 

3. William, Captain of the Scotch Gens d'Armes in France. 

4. John Stuart of Glanxlerfton. 

That the daughters were, 

1. Elizabeth, married to Archibald Earl of Argyll. 

2. Marion, married to Robert Lord Crichton of Sanquhar, an- 
ceftor of the Earl of Dumfries. 

3 , married to Sir ... . Murray of Tullibardin, an- 

ceftor of the Duke of Athol. 

4. Janet, married to Ninian Lord Rofs. 

5 , married to Sir John Colquhoun of Lufs. 

The account thus given by Duncan Stewart concerning the fons of 
John Earl of Lennox, is right fo far as it goes ; but there is good 
evidence of his having had two other fons, Alexander and Alan, for 
Alexander is in the faid infeftment of the nth of September 1495, 
defcribed brother of Matthew Earl of Lennox ; and Alan Stuart 
who married Marion Stuart, daughter of William Stuart of Caftel- 
milk, is defcribed fon of John Earl of Lennox in a charter dated the 
26th of July 1496, by Ifabella Nerval, Lady of Cardonald and 
Drumbean, with confent of Alexander Stuart of Caftelmilk her fon 
and apparent heir, of the lands of Cardonald in Renfrewihire % 
which original charter, in the pofTeflion of Lord Blantyre, is con- 
fimed by the crown on the ift of April 1499. Records, Book 13. 
N° 616. 

Proofs concerning Alexander Stuart of Galftoun, 
fecond Son of Sir Alan Stuart ofDerneley. . 

That Sir Alan Stuart of Derneley had a younger fon of the name 
of Alexander, is proved by the papers already mentioned ; particu- 
larly by the inftrument in 1460, taken by John Lord Derneley, 

where 



AND EARL OF LENNOX. j^« 

where the procurator for him was his brother Alexander Stuart, and part 
by the infeftment in favor of John Lord Derneley, of the half of the u— -v— — j 
Lennox eftate, the 27th of July 1473, where his brother Alexander 
Stuart was one of the wilnefles. 

With regard to the defcendants from this Alexander Stuart of 
Galftoun, Duncan Stewart, p. 152, fays, that he was father of Robert 
of Galftoun ; and he father of Thomas of Galftoun, and of Alan of 
Threepwood, provoft of Edinburgh in the reign of King James V., 
and captain of his Majeflry's guard. That Thomas Stuart of Gal- 
ftoun married Ifabel Henderfon, and had Thomas of Galftoun, and 
Colonel William Stuart of Houftoun, captain of the guards of King 
James VL commendator of Pittenweem, father of Frederic Stuart 
Lord Pittenweem, who died without iflue. That this laft Thomas 
of Galftoun feemed to be father of William Stuart of Galftoun, and 
the father of Ludovic Stuart of Galftoun, and died without fucceffion 
in 1650, and difponed his eftate to George Rofs of Heining, his 
uncle. 

Proofs coacerning Bernard or Berault Stuart, only 
Son of Chevalier Jean Stuart, Brother of Sir Alan, and 
third Son of Sir John Stuart of Derneley, the firft 
Seigneur of Aublgny. 

Soon after the death of the Chevalier Jean Stuart, who died in 
the year 1482, his fon Bernard Stuart performed to the King of 
France foy and homage for the lands and Seigneurie of Aubigny : 
and pofleflion of thefe lands was thereupon ordered to him, as ap- 
pears by the ad dated the 22d of November 1483, In the Chambre 
des Comptes at Paris, folio "4843, of the volume of Anciens 
Homages. , 

In the year 1484, Bernard Stuart was fent ambaflador from 
Charles VIII. of France to Scotland, for renewing the ancient league 

between 



g JOHN LORD DERNELEY, 

PART between thefe two countries ; in w^hich he fucceeded, as appears hy 
^ ^ J^ _, the acTc of confirmation under the Great Seal of Scotland, dated at 
^°^^' Edinburgh the 2 2d of March 14S3-4, in the twenty-fourth year of 
the reign of James III. of Scotland. In which a£t mention is made 
of Bernard Stuart, Lord of Aubigny, as the ambaflador from 
Charles VIII. of France for negotiating that alliance, in conjunction 
with Magifter Petrus Mallate utriufque juris Do£lor. 

This confirmation of the ancient alliances is printed at full length 
amongfl the Pieces Juilificatives fubjoined to the Hiftoire of 
Charles VIII. Roy de France par Guillaume de Jaligny, &c. Re- 
cueilli par Godfroi. Printed at Paris in 1684. 

In 1485, he was fent with auxiliaries from France to England, 
and had a fhare in the vidory gained at Bofworth-Field on the 22d 
of Auguft 1485, which placed King Henry VII. oit' the throne of 
England ; and by the death of Richard III. who was killed on the 
fpot, put an end to the long and bloody quarrel between the houfes 
of York and Lancafter. 

As feveral Englifh authors, in relating the battle of Bofworth, have 
made no mention of Bernard Stuart and the forces from France 
upon that occafion, it may be proper here to flate the authorities 
for that faft. 

Lefly bifliop of Rofs, in his Hiftory of Scotland, fays, that 
"" Bernard Stuart commanded thofe forces that accompanied the 
*' Earl of Richmond (Henry VII.) into England, and did him good 
-*' fervice againft the ufurper King Richard ; on which account the 
" faid Earl, after he became King, was ever thereafter wonderfully 
*' attached to the Scottifh nation *." 

* Qu^o confedlo iidem mllites Ie£ti Bernaldi Stuarti duflorem fequentes in An- 
gluim cum Henrico Comite Richmundix, qui (poftea Rex Anglirc faftus eft) iverunt 
atque Ilenricum adverfus Richardum regnum Anglise occupantem adjuverunt, quo 
poftea nomine Henricus Scotos merum in modum femper adamavit. Leflseus de 
Rebus Geftis Scotorum, lib. viii. p. 31 1. 

Malingre, 



AND EARL OF LENNOX. 199 

Mallngre, a French hiftoriographer, in his Chronological Hiftory, part 

*' affirms that " Bernard Stuart was the King's lieutenant-general of ( -v- — i 

" the army which was fent to England to affift Henry VII. againft 
« Richard III." 

Drummond of Hawthornden, in his Hiftory of the Five James's 
of Scotland, p. 106, has the following paragraph : 

" In i486, Henry Earl of Richmond came with fome companies 
" out of France, of which that famous warrior Bernai-d Stuart, Lord 
*' d'Aubigny, brother to the Lord Derneley in Scotland, had the 
*' leading, which, by the refort of his countrymen, turned into an 
" army, and recountered Richard at Bofworth, where he was killed, 
" and Henry proclaimed King of England." 

In the poem of " Bofworth-Field," written by Sir John Beau- 
mont, printed at London in the year 1629, there are the following 
lines relating to Bernard the leader of the French forces : 

" Befides thefe foldiers born within this ifle, 

« We muft not of their part the French beguile, 

" Whom Charles for Henry's fuccourdid provide, 

" A lord of Scotland, Bernard, was their guide, 

" A bloflbm of the Stewarts happy line 

" Which is on Britain's throne ordained to fhine. 

« The fun, whofe rays the heaven with beauty crown. 

" From his afcending to his going down, 

" Saw not a braver leader in that age, 

" And Bofworth-Field muft be the glorious (lage 

" In which this northern eagle learns to fly, 

«' And tries thofe wings which after raife him high ; 

'« When he beyond the fnowy Alps renowned 

" Shall plant French lillies in Italian ground, 

«' And caufe the craggy Appenine to know 

« What fruits on Caledonian mountains grow.", 

la: 



JOHN LORD DERNELEY, 

In the year 1494 began that calamitous contention for the throne 
) of the Two Sicilies, which plunged all Italy into the depth of 
mifery for upwards of forty years. Charles VIII. of France laid 
claim to the kingdom of Naples, as heir of the houfe of Anjou. 
Ambafladors were fent to Rome to fet forth to his Holinefs the Pope 
the right which the King of France, as fucceflbr of the houfe of 
Anjou, on the failure of the line of Charles I., claimed to the king- 
dom of Naples. Four perfons of diftindlon w^re chofen for this 
embaffy, and the firft named in the commiffion was Bernard Stuart 
of Aubigny. 

After performing the duties of that embafly at Rome in the year 
1494, Bernard Stuart was about to return to France, when he re- 
ceived orders from the King to flop at Milan. Charles himfelf 
went to Italy in that fame year (1494), and found it neceflary to 
affert and fupport his claim by force of arms. When he re- 
turned to France in 1495, he left the command of the French 
forces to Bernard Stuart of Aubigny, with the rank of lieutenant- 
general. In that fame year he (Bernard Stuart) obtained a flgna 
vidory near Monte Leone, or Seminaria, over King Ferdinand and 
the Spanifh general Gonfalvo de Cordova, diftinguiflied by the name 
of the Great Captain. In effect, under the aufpices of Bernard 
Stuart at one period of the war, a conqueft was made of the king- 
dom of Naples for the King of France ; though the effedls of that 
conqueft were not permanent, and much viciffitude of fortune was 
afterwards experienced by the French forces in Italy, for which 
various caufes have been afligned by the authors who have wrote on 
the fubjef):. 

It is not the objed of this Genealogical Hiftory to enter into thefe 
details, nor to enumerate the various gallant adions of Bernard 
Stuart, which acquired to him fo great celebrity. It will be fuffi- 
cient to refer to the French, Italian, and Spanilh authors, who have 

recorded 



BERNARD STUART OF AUBIGNY. 

tecorded his adions, and to give a few (hort extradd from feme of p 
thefe authors for fliewing the eftimation in which he was univerfally (_ 

held. 

Brantome, in his Memoires des Hommes Illuftres, under the 
reign of Louis XII. torn. vii. p. 86. has the following article relating 
to Bernard Stuait, under the defcription of " Monfieur d'Aubigny, 
*^ Ecoflbis :" 

** Ce Grand Roy eut fous lui de tres grands capitalnes qu'il drefla 
" et fa9onna la plufpart par fes belles et continuelles guerres dela \e% 
« monts ; entr'autres M. d'Aubigny ^ Eco/fois, & Grand Seigneur, 
" qui fit grand honneur a fa nation : de forte qu'aucuns de nos 
« Annalifts Francois I'ont appelle * Le Chevalier fans Reproche ;' 
" comme il le monftra en plufieurs beaux faits de fa main et de fa 
" conduite, meme en la conquete qu'il fit du royaume de Naples, 
" avec une forte heureufe et vaillante fortune ayant a faire a Gon- 
« falve ce Grand Capitaine. II fit auffi tres bien aux exploits de 
" guerre en Lombardie. Les hiftoires en parlant aflez, fans que 
« j'en parle plus avant. II mourut du regne du Roy Francois, fort 
" vieux et cafTe, plus de combat et vidoires que de trop grande 
" vieillefTe." 

Philip de Comines, a contemporary writer, who at that very 
period was ambaflador of the King of France at Venice, in his 
Memoires, b. viii. c. i. in mentioning the chief officers whom the 
King of France, Charles VIII., left in Italy, takes occafion to cha- 
raderife Monfeigneur de Montpenfier who was left with tlie chief 
command at Naples, and Monfeigneur d'Aubigny, left in the com- 
mand of Calabria, as follows : 

" Pour chef y demeura (a Naples) Monfeigneur de Montpenfier, 

« dc la Maifon de Bourbon, bon Chevalier et hardy, mais peu fage, 

« il ne fe levoit qu'il ne fut midi. En Calabre laifla Monfeigneur 

" d'Aubigny^ de la nation d'Ecofle, bon Chevalier et fage, bon ct 

p D " honorable. 



BERNARD STUART OF AUBIGNY. 

" honorable, qui fut Grand Connetable du royaume ; et lui donna le 
) " Roy (comme j'ai dit) le Comte' d'Acri et le Marquifat de Squil- 
" lazzo." 

Mariana, a Spanlfh author, in his Hiftory, fays, that " d'Au- 
" bigny, a Scottifh man, and a valiant chieftain, did by his valour 
*' and wifdom uphold the French interefts in Calabria." 

GuicciARDiNl, an Italian author, a Florentine by birth, in his 
Hiftory of Italy from 1490 to 1532, b. iii. fpeaking of the fevere 
ficknefs under which Bernard Stuart laboured after the vidory ob- 
tained by him in the year 1495, makes ufe of the following ex- 
prefTions : " The profperous ftate of the French affairs began fome- 
" what to decline on account of the long ficknefs of Aubigny, which 
" interrupted the courfe of his victories, though almoft all Calabria 
" and the Principato were in the hands of the French." 

Du Haillan, in his Hiftory of Charles VIII. faith, that " d'Au- 
" bigny, afflided with ficknefs, was vexed with impatience to fee 
" that, by the negligence of Gilbert of Montpenfier, the King's 
" affairs grew weak, and became worfe every day ; that it was long 
" fmce the foldiers had received their pay, the money which that 
*' kingdom yielded being already confumed." 

Paulus Jovius,inhisHiftory of theLifeandA£lionsof Gonfalvo 
Ferdinand de Cordova, commonly called the Great Captain, has had 
occafion frequently to mention, incidentally, Bernard Stuart of Au- 
bigny, who was oppofed to him, and though a great admirer of 
Gonfalvo, the hero of his hiflory, does juftice to the charader and 
condud of Aubigny. From p. 177 to p. 181 of his Hiftory in 
Latin, publilhed at Florence in the year 155 1, he mentions the 
vidory in the year 1495 gained by Bernard Stuart over Ferdinand 
of Spain and Gonfalvo, and his fubfequent illnefs, in the time of 
Charles VIII. in Bernard Stuart's firft expedition into Italy, whea 
the affairs of that country were left chiefly to his management. 
• ^ • The 



BERNARD STUART OF AUBIGNY, 203 

The fame author narrates the affairs of Italy in Bernard Stuart's p a^r t 
recond expedition, in the reign of Louis XII., when, upon a frefli ^^^ 
rupture between the French and Spaniards, he was fent into Cala- 
bria, and expreffes himfelf as follows : 

« D'Aubigny, who had, next to the Duke of Nemours, the greatell 
" authority in the army, went to Calabria with the third part 
« thereof, being there much renowned, both for having in the 
" time of King Charles, with great moderation and mildnefs, go- 
« verned that nation, Demi-Grecian, and for that by his martial 
« prowefs he overcame King Ferdinand and Gonfalvo in a me- 
'« morable battle at Seminaria ; fo as in all men's judgment he was 
«' preferred before all other French commanders. For which caufe 
« there were many conneded with him in friendfhips, and well 
« affeded to him in particular, befides thofe who were of the 
« Angevine fadion." Jovius, lib. ii. p. 204. 

The battle of Terrina, or Terra-Nuova, and the vidory there 
gained by d'Aubigny in the year 1503, is related by Paulus Jovius 
in the following manner, lib. ii. p. 217. 

" Don Hugo de Cordova, with an army which he brought from 
« Sicily, having much annoyed the French party in Calabria, and 
« gained feveral advantages over them, the Lord d'Aubigny went to 
« encounter him, having in his army the Princes of Befignone and 
« Salerno, with their troops, Grigni with his light-horlemen, and 
« Malherbe with his Gafcogne archers, and three companies of 
« Swifs : but his principal ftrength confifted in his men of arms, 
" among whom were moft eminent a wing of Scottifh men, who 
« were his familiars, and faithful to him. The enemy, though in- 
" formed of his preparation, did net exped him till two days after 
" they had notice thereof. But this expert and vigilant captain be- 
" gulled their expedations ; for whh French expedition, marching 
" night and day through ways little frequented, he Ihewed himfelf to 
" them next morning, and forthwith fet on them. The Spaniards 
D D 2 " fullained 



■204 



BERNARD STUART OF AUBIGNY. 

" ruflained courageoufly the aflliult, fo as the combat was alike 
" fierce and bloody on both fides. D'Aubigny feeing this, com- 
" manded Grigni with his wing to rufli upon the Spanifh and 
" Sicilian infantry ; which he doing, difordered them. On the 
" other fide, the enemies' horfemen, by the encouragement and' 
" example of Cordova, fuftained the aflault of the Calabrians, with 
" like llaughter on both parts. But d'Aubigny advancing his 
" troops, the Spanifh and Sicilian cavalry, not being able to refift 
" the Scottifh men at arms, were defeated, and therewithal the 
" infantry was overthrown and cut in pieces : Grigni, a moft valiant 
*' knight, was flain in the combat ; and d'Aubigny himfelf being in 
*' like danger, from fome Spanifh horfemen, who had furrounded him 
" proceeding to pull off his helmet with an intention of cutting 
*' his throat, was preferved by a body of the Salernitan wing 
*^ which came up in time to refcue him, and to difperfe them." 
This fadl the author ftates was related to him by Antonius 
Lexa. 

P. Jovius further adds, that after this vidory gained by d'Au- 
bigny, there was hardly any perfon in that part of the country 
(in Brotiis), who did not incline to the fide of the victorious 
French. 

Concerning the overthrow which d'Aubigny met with not long 
after this viftory, Du Haillan in his Reign of Louis XII. relateth it 
to this purpofe : 

" Don Hugo de Cordova having repaired his army, increafed the 
" fame with a new fupply of five thoufand, fo that his forces confifled 
" of eight thoufand men at arms. And albeit the Lord d'Aubigny 
*' knew the advantage they had in numbers, neverthelefs being con- 
" fident in his own fufficiency and the tried valor of his foldiers, 
" and weary of waiting for new fupplies from the king, he refolved 
'* to try the fortune of war. But his army was defeated, and he 
** himfelf being in danger to be flain, was refcued by a troop of 

*' Scottifli- 



BERNARD STUART OF AUBIGNY. 

" Scottifhmen, whofe valour in this fight Jovius commendeth, as 
" alfo he telleth how d'Aubigny was refcued by them." c 

Guiccardini (b. v.) maketh mention of this defeat in ihefe 
words : " D'Aubigny was vanquiflied and taken in the very fame 
*' ground where but a few years before he had with fo much glory 
" overcome and difcomfited Ferdinand and Gonfalvo : fo inconftant 
"' is Fortune in difpenfing her favors, and of fo fhort a duration is 
«• a courfe of profperity." He adds, " This defeat of Aubigny, 
" who was one of the beft generals that attended Charles into Italy,, 
" and of a generous and noble fpirit, can be afcribed to nothing 
" elfe but his excefhve ardor and hally forwardnefs in hopes of 
" vidory." 

To the preceding accounts Paulus Jovius adds, that after this 
overthrow d'Aubigny withdrew himfelf into the fortrefs of Angetola, 
complaining of Fortune, which had fo deceived him, having been till 
then hivincible, and twelve times vt&or'tous in battle fince he began to 
be a warrior in France and in Britain. 

The fame Jovius tells us (p. 224, 225), " That while d'Aubigny 
** was befieged in the faid fortrefs, the Duke of Nemours having 
" been flain, and his army defeated by the Spaniards at Cirignola, 
" and Gonfalvo's letters touching this vidlory having been fent to the 
" Spanifh commanders that befieged him, and by them to him, he 
" faid that he perceived Fortune to be very adverfe to the French, 
" and therefore judged it folly and obftinacy to withftand 
•' her. He promifed that he would yield himfelf if that were true 
" which was written. Whereof being certified by meflengers 
" vvrhich he had purpofely fent out to know the truth, during a truce • 
" of twelve days granted to him for that purpofe, he came out of" 
" the caftle apparelled in rich attire, and with a compofed undif- 
" mayed countenance yielded himfelf, upon condition that every 
" one of thofe of his company fhould be fct at liberty, and himfelf 
*< only kept in free cuftody. And it is faid, that he fliarply re- 
^3 " provedi 



2o6 BERNAUD STUART OF AUBIGNY. 

PART *' proved two young lords, his kinfmen, (who were after renowned 
i_.~,-- V " warriors,) for that more faintly than was fit for men, namely, for 
" them, being Scottifhmen, and of the blood royal, they did bewail 
^'- the unfortunate fuccefs of the war ; not remembering that valiant 
" men fhould never be difheartened, but feek, by a frefh endeavor of 
" virtue revived and grown invincible, to recover Fortune's favor." 
The defeat of the French forces at Seminara happened on the 
2ift of April 1503. 

In the courfe of that year (1503) Bernard Stuart returned to 
France, after having pafled feveral years in Italy, where he was no 
lefs famed and admired for his humane and gentle temper, and for 
his mild and equitable government in civil affairs, than for his mar- 
tial atchievements. He gave encouragement to men of learning and 
of talents ; and was neither elated by profperity, nor too much de- 
prefTed by adverfity. 

In the year 1504, Louis XII. fent Bernard Stuart as his am- 
baifTador to the Court of Scotland, probably with a view of renewing 
the ancient alliance between France and Scotland : he was moft 
gracioufly received by King James IV. In Pittfcottie's Hiflory, 
(p. 105,) it is faid that " Bernard Stewart haflily departed from 
" Naples, and came through England into Scotland, where he 
" was well received by the King and Council thereof; and the 
" King treated him well and gently, and fet him at the table with 
" himfelf, and made him judge of all hisjuflings and tournaments, and 
" called him Father of War, becaufe he was fo pradifed in the fame." 

In 1508, March 21ft, Bernard Stuart and another ambafTador, 
with a train of eighty horfe, arrived in England from France on 
their journey into Scotland. 

On this fubjed there is, in Drummond of Hawthornden, 
the following pafTage : " About this time, (in the year 1508,) 
" Bernard Stuart, that famous warrior under Charles VIII. of 

" France^ 



BERNARD STUART OF AUBIGNY. 207 

" France, who commanded the French at Bofworth-Fleld, came to part 
*' Scotland, followed by Andrew Foreman, then Archbifhop of .^ -,-' , _; 
" Bourges and Bifhop of Murray, with Alexander Stuart the king's ^" ^^' 
" natural fon, after promoted to be Archbifhop of St. Andrew's." 

This was the third embafly in which Bernard Stuart had been 
employed from the court of France to that of Scotland ; but his 
death foon after his arrival in Scotland prevented any confequences- 
from this lafl: embafly. Being in an infirm ftate of health at the 
time of his arrival, with a conftitution worn out in military fervice, 

he died in the houfe of Sir Forefter at Corftorphin in the 

neighbourhood of Edinburgh, in the beginning of June 1508, and 
was interred in the church of Corfliorphin, where a monument was. 
ereded to his memory, with a figure reprefenting him ia armour. 

There is amongft the Derneley papers in the pofl^eflion of the 
Duke of Montrofe, the laft will and teftament of Bernard Stuart, by 
which he appointed Matthew Earl of Lennox, Lord of Derneley^ 
and John de Aytoun, his executors. There is alfo an inventory of . 

his effeds taken at Corftorphin on the 8th of June 1508 ; from 
which it appears that this celebrated warrior had never enriched 
himfelf at the expence of the fovereign or of the public which he- 
had ferved. His fame and reputation wei'e the only valuable in- 
heritance he left to his family. A copy of Bernard Stuart's laft will, 
and of the inventory of his effeds, is here fubjolned *» 

There. 
* TESTAMENT. 

Cum nihir fit certius morte nee incertiua hora mortis hulc efr quod ego BaraUus 
Stewart prcnt' licet ejjer corporis fanus tam In mente. Condo teftamentum meum In 
hunc modum. In prmis do et lego animam meam Deo Omnipotenti, Beatx Maris 
Virgin!, et omnibus Sanctis, corpufq' meum fepeliend' fore in Eclia fratrum nigrorum 
Edinburgi. Item, Lego in die fepulturae mese in funeralibus pauperibus aliis plis 
operibus et diftis fratribus xilij. lib. Rifiuuum vero omnium bonorum meorum ex- 
Hlend' ut fupra. Pono in difcretione executorum meor' quos conftituo et ordino, 
viz. nobilem et potentem Dnum Matheum Comitem de Levenax, Dnum Dernley, et 

Johanncm 




BERNARD STUART OF AUBIGNY, 

There is likewife amongft the Derneley papers a copy of a letter dated 
2 2d June 1508, written upon Bernard Stuart's death, by James the IVth 
of Scotland to Anne Queen of France, and filler of the Duke of Brit- 
tany, in which James (by a letter in the Latin language) exprefles 
himfelf as follows : " Obiit vitam fortiffimus quond' armis et hello fuus 
" miles Bernardus Dominus Obiginius cui licet mortuorum debita rite 
" exfolviflem. Tamen alta defundi et fuorum noflri peftori infidit, 
" unde Robertum et Johannem Stewart proximos olim mortui cogna- 
" tos apud Chriftianiflimum nobis fratrem veftra quefo comraendit 
" ferenitas, ut officiorum dignitates et locus omnis" Bernardo dum 
" viverit a Rege pridem permifTis ad eos gratiofe deferantur quo 
" longus mortui labor cognatis fuis profuiffe dicatur *." 

Bernard 



johannem de Aytoun, ut ipfi difponant pro me et pro falute anlmae mese prout coram 
fummo judice voluerunt refpondere in die Judicil. 

Jnventovy o/" Bernard StuartV EffeEls. 

Inventarium omnium bonorum quond* nobilis et potentis Dni Baraldi Stewart, DUi 
de Albigny, Comitis deBewmont, &c. infra regnum Scotije exiften' factum apud Cor- 
ftorphin, odtavo die menfis Junii anno iJni millefimo quingentefimo odtavo, coram his 
teftibus Alans Stewart de Cardonald, magro Adam Colquhoun reftore de Guvan* 
Hugone Arbuthnot. 

Imprimis, Fatetur fe habere In vails argenteis Zonis et aliis Focalibusad 

valorem ----- - - ij" iiij Librar 2004 /. 

Item. Indumenta et veftimeta fui corporis. 

Summa Inventarii patet. 

Debita qu» per eum debuntur. 

Item Diverfis fuis Creditoribus quinquaginta feptem auri ponderis 
Francije. 

Summa Debitorum patet. 

Summa omnium honor' debitis extra£l' et falut' i" viij C. Lib. 1800/. 

* Letter from James IV. io the ^teen of Frame. 
Illuftrifijme, potentiflime, et fereniffime Principi Annje, Dei benignitate Regine 
Francie et Duci Britannic Regis Sorori confanguiiice et confederate noftre cariflime 

Jacobus 



BERNARD STUART OF AUBIGNY. 209 

Bernard Stuart left no male iilue, only one daughter Anne, who part 
married her coufm Robert Stuart, the fourth Lord of Aubigny, of u^ — '.. ^ 

N» XL 

whom hereafter*. 



Jacobus Del gratia Scotovum Rex, falutem etintegram dlleaionem.IUuftrinima, Poo 
teiulffima, ct SerenifllmaPrinceps :— Oblit vitam fortlffimus quoiid' armis et bello fuus 
miles Bernardus Diius Obiginius cuUicet mortuorum debitar ite exfolviflem. Tamen 
alta defunfli et fuorum memoria nro'peaori infedit, unde Robertum et Johannem 
Stewart proximos olini mortui cognates apud Chviftianlffimum nobis fratrem veftra 
quefo commendat ferenitas, ut officiorum digiiitates et locus omiiis Bernardo dum 
liveret a Rege pridem permiffis ad eos graciofe deferantur quo longus mortui labor 
cognatis fuis profuiffe dicatur. lUuftriffima, Potentiffima, et Sereniffima Princeps, 
foror confanguinea et confederata chariffima, in longos et felices annos valete. Ek 
Palacio meo apud ledem Dive Crucis xxij die menfis Junii anno falutis oaavo fupra 
millefimum et quingentefimum. 

(Addrefled on tKe back). 
Illuftriffime, Potentlflime, et Sereniffime Principi Anne^Del benignitate Reglne 
Francie, DucL Britannic & forori condinguinee et Confed'^ nre Chariflime, &c. 

* In the chateau d' Aubigny belonging to the Duke of Richmond in France, there 
are the following pidures, viz. 

In the dining room, a full length pldure, as large as the life, of Jehan Stuart, Grand 
Connctable de I'armee d'Ecoffe, with an infcription upon it defcribing him as fuch, 
and as the premier Seigneur d' Aubigny ; and at the bottom of it there is the date of the 
year 1422. This is a good pltlure, painted on wood, and has been very well preferred. 

There are alfo in the drawing-room at Aubigny the heads or portraits in a fmall 
fize, fet in gold, of the fucceffive Seigneurs of Aubigny of the Stewart race, with in- 
fcriptions upon each of them. Thefe portraits or heads are inclofcd in one frame. 

The ift in that colleaion is, Jehan Stuart Connetable de l'arm6e d'Ecofle. 

The 2d is, John Stuart, fon of the Connetable, who is defcribed Seigneur d'Au- 
bigny et ConcrefTault, ConfeiUier et Chambellan de Louis XI. 

The 3d is, Berrault (or Bernard) Stuart, with the following infcription : " Seigneut 
«' d" Aubigny, Due de Terre Nove, Marquis de Girace et Squillazzo, Comte de Beau- 
<« mont, d'Arcy, et de VenalTac, Grand Connetable de Sicile et de Jerufalem." 

The 4th is, Robert Stuart, defigned of Aubigny, Comte de Beaumont. 

The sth is, John Stuart Seigneur d' Aubigny, Comte de Beaumont. 

The 6th is, Efme Stuart, premier Due de Lennox, Comte de Derneley, et Baron de 
Torbolton, Seigneur d'Aubigny. 

The 7th is, George Stuart, Seigneur d'Aubigny, fecond fils d'Efme Stuart, Due dc 
Richmond et de Lennox, 



210 BERNARD STUART OF AUBIGNT. 

PART The 8th is, Charles Stuart, (fils de George,) Due de Lennox et Comte de Litch- 
I^- field, dernier Seigneur d'Aubigny de cette maifon. 

^""^^"j^ To this lafl Charles Duke of Lennox, King Charles the Second of Great Britain, 

fucjceded as the neareft heir male collateral. 

All thefe pictures were at the Chateau d'Aubigny when the author was there in 
the month of November 1783. 



GENEALOGICAL HISTORY 

OF 

"THE STEWARTS^ 



PART FIFTH. 



Beginning with MATTHEW STUART Lord Derneley, 
the fecond Earl of Lennox, eldeft Son of John Lord 
Derneley and Earl of Lennox, who died in the year 
1494; and ending with Matthew Stuart, fourth 
Earl of Lennox, who died in September 15 71. 



TWELFTH GENERATION. 

1. MATTHEW STUART Lord Derneley, and Earl of Lennox. 

2. ROBERT STUART Lord of Aubigny. 

3. WILLIAM STUART, Captain of the Gens d'Armes. 

4. JOHN STUART of Henriefton, 

5. ALEXANDER STUART. 

6. ALAN STUART of Cardonald. 

PROOFS concerning MATTHEW STUART, the eldeft Son of 
John Lord Derneley and Earl of Lennox. 

TN the charter before -mentioned dated ift June 1490, granted by part 
■*■ King James IV. in favor of Matthew, he is defcribed eldeft fon i_ -^.'- 

of John Earl of Lennox. ^' ''"^^' 

ECS There 



MATTHEW STUART, SECOND LORD DERNELEY, 

There is in the Records of the Privy Seal in Scotland, Book L 
, fol. 97, an entry of a grant, dated 1 8th April 1499, giving to Mat- 
thew Earl of Levenax the mails and profits of the lands of Bathcat 
baith of property and tenandry lying in the fherifFdom of Ren- 
frew '^■, for all the time that the fame has been in the hands of our 
Sovereign Lords grandfhir, and his father, and in the hands of 
himfelf fince the deceafe of Umqhill Alane Lord Dernlie, grandfhir 
to the faid Matthew by the non-entries of the righteous air or airs 
thereto, and ay and while the faids enter lawfully thereto ; and alfa 
of the gift of relief, &c. 

In the Records of the Great Seal in Scotland, Book xviii. N» 2*. 
there is a charter by King James IV. dated i8th January 151 1, in 
favor of Matthew Earl of Lennox, which narrates and confirms to 
him the charter which had been granted in the year 1361, in favor 
of the deceafed Sir John Stuart of Derneley, by Robert the Stewart 
of Scotland, whereby he granted the lands of Cruckhifee^ of Incbetinan, 
and of Perthwickfcott within the Stewart's barony of Renfrew, to 
be held by the faid Sir John Stuart and Robert his fon and heir^ 
whom failing, without heirs male of his body, to the other heirs 
male of the body of the faid Sir John Stuart, with and under the 
follovN^ing conditions : That if it fhould happen that the faid Sir 
John Stuart and the heirs male of his body fliould fail, in that 
cafe Robert the Stewart gave and granted all the forefaid lands 
to Walter Stuart the brother of the faid Sir John Stuart, to be 
held by him and the heirs male of his body; whom failing, to 
Sir Alexander Stuart brother of the faid Sir John and Walter, 
to be held by the faid Sir Alexander, and the heirs male of hi& 
body, and their heirs male in fee and heritage; with this 
further declaration and condition, that if it fliould happen 

* Thefe lands of Bathcat lie locally in the fhire of Linlithgow, but as making 
part of the Stewart's lands in Scotland were annexed to the fhire of Renfrew- 

5 thaj: 



AND EARL OF LENNOX. 

that the fald Sir Alexander Stuart, and the heirs male of his 
body fhould fail, then that the neareft heir male that can be found ^ 
of the blood and name of the faid Sir John Stuart ; and the heirs 
male always of fuch heir male fhall fucceed to the faid Sir John 
Stuart, and to his fon, and to his brothers and to their heirs male in 
the faid lands with all their pertinents in all time thereafter heretablr 
and of right. 

The charter thus granted in the year 1361, by Robert the S':ewart, 
which has been already mentioned in Part II. of this Genealogical 
Hiftory, is verbatim inferted in the faid charter of confirmation, 
1 8th January 151 1, by James IV. in favor of Matthew Lord 
Derneley Earl of Lennox; then follows a claufe confirming the 
faid grant in thefe words : " Quamquidem cartam tallix infeoda- 
" tionem et donationem in eadem contentas in omnibus fuis pundlls 
" et articulis conditionibus et modis et circumftantiis fuis quibuf- 
" cunque in omnibus, et per omnia forma parier et effedlu et pre- 
" mifliim eft, approbamus, ratificamus, ac pro nobis et fucceflbribus 
*' noftris Regibus Senefcallis Scotis, pro perpetuo confirmamus." 

Then a claufe by which the King grants to the faid Matthew 
Earl of Lennox, therein defigned his " Coufin and Councellor, now 
*' heir and pofleffor of the LordJJjip of Derneley forefaid," all right, 
title, and intereft, which his Majefty, his predecefTors or fuc- 
cefTors, had, have, or any ways might have, to the lands and lord- 
fhip above-written, or any part thereof, or to the rents and profits 
of the fame, by reafon of recognition, forfeiture, or non-entry of 
fhe heirs, or any other manner of way. 

There is alfo in the charter of confirmation a claufe by which 
his Majefty from the fpecial favour which he bears towards his 
faid coufin the Earl of Lennox, and for good and gratuitous fer- 
vices rendered by him, and for the prefervation of the Caftle of 
Crookisfee, the manor and palace of Inchennan, and other policies, 
(policiarum,) within the faid lordftiip of Derneley, from the de- 
vaftation and deftrudion which might happen to them during the 

time 



213 



31^ MATTHEW STUART, SECOND LORD DERNELEY, 

PART time that the faid lands might be in ward, by the pedbns who 

t —J might poffibly obtain a gift of the ward ; his Majefty therefore 

granted and confirmed heretably to the faid Matthew Earl of Lennox 
and his heirs male, the faid caftle and fortalice of Crookisfew, build- 
ings, yeards, mains, parks, and inclofures of the fame, the domi- 
nical lands of Derneley, and miln thereof, the lands of Dormendfyke, 
Nethertoun, and Auld Cruckiilon, extending to a Twenty Pound 
Land of old extent, lying round the faid caftle ; and the faid manor 
and palace of Inchennan with the parks and garden thereof, the 
dominical lands of Inchennan, the lands of Quithill, the town of 
Inchennan, Rufchaled, Wirthland, Flurys, Cragtoun, and Gardener- 
land, with the whole commons thereof, extending alfo to a Twenty 
Pound Land of old extent, with all its pertinents, lying in the faid 
barony of Renfrew, to be held by the faid Matthew Earl of Lennox 
and his heirs male according to the tenor of the faid charter of taillie^ 
of and under his Majefty and his fucceftbrs, Kings and Stewarts of 
Scotland, in fee and heretage in' free blench farm for ever, for pay- 
ment of a penny filver by the faid Earl and his heirs male above- 
written, if afked, allenarly ; notwithftanding that the faid lordftiip 
of Derneky was formerly held of his Majefty by fervice of ward 
and relief; but rendering to his Majefty and his fucceflbrs for the 
whole remainder of the faid lands of Cruckisfew, Inchennan, and 
Perthwlckfcott, with their pertinents, the fervice of ward and relief 
due and ufual for the fame before the faid charter of confirmation. 

It has been thouglit proper to give this full and exadl account of 
the contents of the charter of confirmation granted by King James IV. 
on the 1 8th of January 15 ii in favor of his coufin Matthew Stuart 
Lord Derneley, and Earl of Lennox, becaufe feveral obfervations 
arlfe from it. 

h the frjl place, it fliews the great extent and the component 
parts of the lordfliip of Derneley comprehended under the grant to 
^he Derneley family by the Stewart of Scotland in the year 1 361, 

and 



AND EARL OF LENNOX. 

and in the charter of confirmation by King James in the year 1 5 1 1 ; 
from which it appears that thofe parts of the lordfhip of Derneley 
whereof the holding was by that charter changed from Ward to 
Blench, amounted to Two Twenty Pound Lands of old extent, ex- 
clufive of thofe parts of the lordfhip of Derneley, which were ftill 
'to remain under the tenure of Ward and Relief. 

Secondly^ The charter of confirmation 151 1, after reciting the 
terms of the original grant 1361, by the Stewart of Scotland to the 
Derneley family, defcribes Matthew Earl of Lennox, in whofe 
favor the charter 151 1 was granted, as the heir and pojfejfor of the 
lordjlo'ip of Derneley. This he could not have been in any other 
way than as the heir male defcended from one or other of the 
three brothers, John, Walter, or Alexander, named in the grant 
X361. ; and it having been proved that Matthew Earl of Lennox 
was defcended from Alexander the youngeft of thefe three brothers, 
it follows from thence, that the two elder brothers, John and Walter, 
had died without leaving male defcendants. The circum.ftances 
therefore which attend the original grant 136 1, and the charter of 
confirmation 151 1, ferve to confirm the accuracy of the preceding 
genealogy of the Stuarts of Derneley from 1361 to 15 11 at leafi:. 

Thirdly^ It has been fliewn that it was about the year 1460 or 
1461, that Sir John Stuart of Derneley, the fatther of Matthew 
Earl of Lennox, was created Lord Derneley, from which period he 
uniformly enjoyed the rights and privileges of a Peer of Parliament. 
The patent, or other deed by which that Peerage was eftablifhed, has 
not been difcovered ; but the evidence preferved of the deftination 
and courfe of fucceffion with regard to the lands and eftate of the 
lordfhip of Derneley, both before and after the Scquifition of the 
title or peerage, leave no room to doubt^ that the peerage of 
Derneley was fettled and eftablifhed in favor of John Lord' 
Derneley and the heirs male of his body, whom failing, his; 
heirs male whatfoever j for in this manner, and by fuch defti- 

natioo^ 




^jg MATTHEW STUART, SECOND LORD DERNELEY, 

PART nation of fucceflion it was, that the lands and eftate compofing the 

^_ -^ -,_f lordlhip of Derneley had been enjoyed fmce the grant 1361 ; and 

^°-^^^- it muft be prefumed that at the time of granting the title and 

peerage of Derneley, care would be taken both on the part of the 

crown and of the grantee, that the eftate and the honors fhould 

go in the fame channel, and be enjoyed by the fame heirs. 

When Matthew Lord Derneley and Earl of Lennox obtained 
from King James IV. in the year 1 5 1 1 , the charter by which he 
confirmed atid enforced the terms of the original grant 1361, 
whereby the fucceflion to the eftate had been provided to the 
heirs male ivhatfoever in all future time ; he could not be ignorant 
of the terms in which the peerage of Derneley was recently 
granted to the family ; for John the father of Matthew was the 
firft Lord Derneley, and fo created in the year 1460 or 146 1, 
about fifty years only before the date of the charter 151 1. If he 
had found that the patent or grant of the Derneley peerage had been 
in favor of heirs general, or that it had been limited to heirs male 
of the body, without extending to heirs male in general, he certainly 
would have endeavoured to put into the fame channel of fucceflion 
the lands and eftate of the lordfliip of Derneley : but when we fee 
that inftead of* this, Matthew the fecond Lord Derneley obtained 
from the Crown in 15 11 a charter confirming the grant 1361, and 
eftablifhing in a very pointed manner, that the fucceflion to the . 
Derneley eftate fliould in all time coming continue to be in favor of 
the heirs male in general ; this amounts almoft to an exprefs de- 
claration, or at leaft to a very ftrong pre,fumption, that he knew 
that the peerage of Derneley had been given in favor of the heirs 
male in general of the grantee. For it cannot be fuppofed that he 
would have been at pains to obtain a charter of the eftate with that 
courfe of fucceflion, if the deftination of fucceflion in the peerage 
had been upon a different plan. It is very natural that a proprietor 

of 



AND EARL OF LENNOX. 

of eilates and honours fliould wlHi, and do his endeavours for their 
flowing in the fame channel ; l)ut to wifh, or contrive that the oneL 
fhould be feparated from the other, vrould be fo unnatural as to be 
almoft, if not altogether, without exarrpie. 

From the terms of the charter 151 1, Matthew Lord Derneley^ 
Earl of Lennox, could not but perceive that the fucceffion in favor 
of heirs male was, if poffible, more firmly rivetted by that charter ; 
for after inferting a full copy of the original grant, which, in the 
. charter 1511, is defcribed as a charter and infeftment of taillie, there 
is a claufe by which his Majefty King James IV. ratifies and approves 
of it in all points, and of the conditions and circumftances thereof; 
and it is exprefsly faid in that charter 151 1, that the lands were to 
be held by the faid Matthew Earl of Lennox, and his heire male, 
according to the tenor of the faid charter of taillie (that is, of the -. 
deed 1361). 

It appears that Matthew Earl of Lennox, fenfible of the dif- 
tinftion between the deftination of the lordfliip of Derneley, received 
by grant from the Stewart of Scotland in the year 136I) and the 
deftination of the lands compofing the earldom of Lennox, and the 
title or peerage of Earl connected with thefe lands, obtained on the 
25th of January in the fame year 1511-12, a feparate charter- 
from James IV. of the earldom of Levenax, lordihip and lands 
thereof; and the office of IherifF of the whole county of Dum- 
barton, which premifes are declared to have belonged, and to belong 
at the date of the faid charter, to the faid Matthew Earl of Lennox 
heretably. But in this charter of the earldom of Levenax, the lands 
are not given, as in the charter of the lordfhip of Dgrneley, to 
Matthew Stuart and his heirs mak^ but to Matthew Stuart Earl 
0/ Levenax, and hh heirs general^ (hseredibus fuis,) which is re- 
peated in feveral parts of the charter, without any indication of a 
limitation to heirs male. 

f F , This 



MATTHEW STUART, SECOND LORD DERNELEY, 

This deftination has probably been owing to the circumftance, that 
; the ancient inveftitures of the earldom of Levenax had been in favor 



Elizabeth, fecond daughter of Duncan Earl of Levenax, and grand- 
mother of John Stuart the firft Lord Derneley, that he, John, the 
firft Earl of Lennox of the Stuart line, had any claim to the lands 
compofnig the earldom of Levenax ; and therefore, when he ob- 
tained the honors and peerage of the earldom belonging to that fa- 
mily, moft probably that earldom was granted to him and his heirs 
general; a circumftance which muft have been perfedly known to 
Matthew Earl of Lennox, who fucceeded to his father John 
within a few years after the creation of the earldom of Levenax 
in his favor. 

The faid charter, 25th January 1511-12, granted and confirmed 
to the faid Matthew Earl of Lennox and his heirs, all right and 
intereft which his Majefty, or his predeceffors or fucceflbrs, had, 
or might have in any manner of way, to the faid earldom, lordfliip, 
and lands, and to the office of Sheriff of Dunribarton ; to be held 
by the faid Matthew Earl of Levenax atid his heirs, of and under 
his Majefty, and his fucceflbrs, Kings of Scotland, in. fee and 
heretage, free earldom and free foreft for ever, giving therefor 
yearly to his Majefty, and his heirs, Kings of Scotland, the fervices 
iifed and wont. 

There is likewife in the Public Records, Book xvi. No. 9, a charter 
of the lands of Torboltoun, extending to an Hundred Pound Land 
of old extent, and of the lands of Galftoun extending to a Forty 
Merk Land of old extent, and of the lands of Dregairne extending to 
a Twenty Merk Land of old extent, and being in the fhire of Air^ 
all united into the barony of Torboltoun in favor of John, fon 
and apparent heir of the faid Matthew Earl of Lennox and of Eli- 
zabeth his wife, in conjunct infeftment, and to the heirs male to 
be procreated between them j whom failing, to return to the faid 

Matthew 



AND EARL OF LENNOX. 2iq 

Matthew Earl of Lennox and his heirs male ivhaffocver, according part 
io the form and tenor of his ancient inffiments ; which charter is ._ .^\. _, 
dated 2d February 151 1- 12. "^^ ^i^- 

With regard to the lands and eftate of Callelmilk In Annandale, 
which belonged to the Deraeley family, held by them immediately 
of and under the Lords of Annandale, Matthew Stuart Earl of 
Lennox appears to have made up his titles to thefe lands in the 
year 1496, in the following manner: 

The lordfhip of Annandale, which had for fome years been en- 
joyed by Alexander Duke of Albany, was, by a fentence pro- 
nounced againft him in the year 1483, forfeited to the Crown; 
and by a decree in the Parliament of Scotland, 13th Odober 
1487, that lordfhip was for ever thereafter annexed to the 
Crown of Scotland ; {o that the vaffals or proprietors of lands 
in that lordfhip came by that forfeiture and annexation to 
hold them immediately of and under the Crown, inftead of 
holding them as formerly under the Lords of Annandale as inter- 
mediate between them and the Crown. This was the fituation of 
the lordfhip of Annandale at the time when Matthew Earl of 
Lennox fucceeded to his father John in the year 1494. He there- 
fore applied to the Crown in the year 1496, for the proper feudal 
inveftiture in thefe lands of Caftelmilk as heir to his father John 
Earl of Lennox, the lafl vaflal who had been received by the Lord 
of Annandale, who at that time was the legal Superior. Accordingly 
Matthew Earl of Lennox obtained from the Crown a precept under 
the Great Seal, dated in the year 1496, for infefting him as heir to 
his father John Earl of Lennox in the Forty Merk Lands of Caf- 
•telmilk, and in the Ten Merk Lands of Brummel. Upon which pre- 
•cept of fafine Matthew was regularly infeft in thefe lands as heir to 
his father John; this is proved by the inftrument of fafine, dated loth 
May 1496, under the fubfcription of Sir John Mackewne, Notary*. 

Matthew 

*A: 
ago 



' An inventory of the papf:rs in the Lennox chiiitcr cheft was talcen a good many years 

by Mr.Johninglis Advocate, on bdialf of Lady Catherine O'Brien, by order of 

F F ^ the 



MATTHEW STUART, SECOND LORD DERNELEY, 

Matthew Earl of Lennox having made up his titles in this manner 
J to the lands of Caftelmilk, as heir therein to his father John Earl 
of Lennox, it infallibly proves, that he, John, had made up his titles 
to thefe lands by an entry from the Superior ; fmce it could have 
been of no ufe to Matthew Earl of Lennox to take infeftment in 
the lands as heir to John his fiither, unlcfs John had himfelf made 
tip his titles. 

It has been already flievvn that it was in the year 1468 that John 
Earl of Lennox made up his titles to the lands of Caftelmilk, to which 
year the non-entry duties formerly incurred had been calculated ; 
and it was alfo obferved that one motive for his making up his titles 
at that time moft probably was, that he might have it in his power 
to accommodate his coufin Matthew Stuart, the proprietor of the lands 
of Caftelmilk, who at that precife period fucceeded to that eftate, and 
who could not get his titles to it made up until his immediate Superior 
the Earl of Lennox fliould get his own titles to the fuperiority of 
thefe lands eftablilhed by an entry from his Superior. It was na- 
tural that Matthev/ Stuart the proprietor (hould be defirous to have 
this done, not only for the fake of having a proper feudal title from 
his immediate Superior, but alfo for putting an end to the expence 
incurred by the non-entry duties, which, while the lands continued 
in that ftate, amounted to a heavy charge. 

the Commiffioners of Treafury, in which inventory one of the articles is a receip"l or de- 
claration, dated 25th February 161 1, granted by Sir Matthew Stuart of Minto, wherein 
he acknowledges that he had, by the command of the Lord Blantyre, (at that time one 
of the Commiffioners of Ludovick Duke of Lennox), received out of a bundle of the 
Lennox papers, the inftrument of fafine above-mentioned, dated loth May 1496, 
in favor of Matthew Earl of Lennox as heir to his father John Earl of Lennox, in 
the Forty Merk Lands of Caftelmilk, and in the Ten Merk Lands of Brummel ; and 
Sir Matthew Stuart of Minto (who was alfo one of the Commiffioners of Ludovick 
Duke of Lennox,) thereby obliged himfclf to redeliver the faid inftrument of fafine. 

The original inventory above referred to, taken by Mr. James Inglis, is amongft 
the Derneley Papers in the poffeffion of the Duke of -Montrofe at Buchanan. 

The purpofe for which the above inftrument of Hifine had been, in the year 161 1, 
borrowed by Sir Matthew Stuart of Minto, will be fliev^n in Part VL under the 
title of Ludovick Duke of Lennox. 

S It 



AND EARL OF LENNOX. 

It was mofl; probably for a fimilar reafon that M.itthew Stuart 
Earl of Lennox, who had fucceeded to his father in 1494, made up i 
his titles to the lands of Caftelmilk in the year 1496 ; for in that 
year, Sir William Stuart of Caftelmilk, the fon of Matthew 
before-mentioned, died, and was fucceeded in the eftate of Caftel- 
milk by his fon Alexander, who would naturally be defirous to get 
a valid inveftiture of his property from the Earl of Lennox his 
immediate Superior, and for that purpofe v/ould prompt him to get 
his titles fpeedily made up, fo as to avoid the expence of the duties 
conftantly incurred during the non-entry. 

Matthew, the fecond Lord Derneley and Earl of Lennox, who was 
firmly attached to his Sovereign James IV., attended that Monarch 
to FIouden-Field, where he and the Earl of Argyle commanded the 
right wing of the Scottifh army, which engaged the Englifh army 
on the 9th of September 15 13; and in that battle, which proved 
fatal to the Sovereign himfelf and to the flower of the Scottifti no- 
bility, both the Earl of Lennox and the Earl of Argyle were flain. 

Of his marriage with Elizabeth Hamilton, daughter of James 
Earl of Arran, by Lady Mary Stuart fifter of King James III. the 
iifue were, 

1. William, Mafter of Lennox, who married Margaret daughter 
of William Earl of Montrofe ; but died without iiTue. 

2. John, who fucceeded his father Matthew Earl of Lennox. 
And three daughters, — i. Margaret, married to John Lord 

Fleming, and afterwards to Alexander Douglas of Mains. 

2. Elizabeth, married to Sir Hugh Campbell of Loudoun, 

3. Agnes, married to William Edmoaftoun of Duntreath. 



ROBERT STUART OF AUBIGNY, 

J Pkoofs concerning Robert Stuart, the fecond Son of JoHN 
the firft Lord Derneley and Earl of Lennox. 

This Robert Stuart, when very young, had been in his father's 
lifetime, in the year 1488 or 1489, engaged with his brothers 
Matthew and Alexander Stuart, and with his coufins the Stuarts 
of Caftelmilk, and others, in holding out the Caflle of Dumbarton 
agaiuft James IV. in his minority, or rather againft thofe powerful 
Lords who had rebelled againft James III., and who continued for 
fome time after the death of that Monarch in the year 1488, to 
influence the young King his fucceflbr, and to regulate the affairs 
of Scotland. 

A pardon, however, was upon the 1 2th of February 14S9-90, 
granted to Robert Stuart and the other perfons concerned in that 
offence, as has been already mentioned. 

And it has alfo been noticed, that upon the death of Bernard 
Stuart of Aubigny, in the year 1508, James IV. interefted himfelf 
for this Robert Stuart, by writing a letter, on 2 2d June 1508, to 
Ann Queen of France, ftating that Robert and John Stuarts were 
the neareft relations to the faid Bernard Stuart in France, and re- 
quefting that the ofBces and dignities which had been enjoyed by 
Bernard Stuart, when alive, might be transferred to the faid Robert 
and John, from which it might appear that the long fervices and 
toils of the deceafed Bernard had proved of advantage to thefe his 
relations. 

Hence it appears that Robert and John were at that time, in the 
year 1508, in the ferviceof the King of France, 

In the Records of the Chambre des Comptes at Paris, vol. li. 
cote' 4873, there is inferted the foy and homage rendered by Robert 
Stuart, on the 21ft of Auguft 1508, to the King of France for the 
lands and leigneurie of Aubigny in the province of Berry. 

With 



MARESCHAL OF FRANCE, 

With refpedl to the lands of ConcrefTault in the fame province, : 
which belonged to the firft Sir John Stuart of Derneley, and i_ 
afterwards to his fecond fon John, who performed homage for 
the fame on the 2d of September 1461, thefe lands of ConcrefTault 
were not included either in the foy and hommage performed 
by Bernard Stuart for the lands of Aubigny on the 2 2d No- 
vember 1483, nor in that performed by Robert Stuart on 2i{l 
Auguft 1508, becaufe they had been fold to Alexander de Mony- 
penny, who, upon the 8th of May 1487, performed foy and 
hommage for them to the King of France, as appears from the re- 
cord of the foys and hommages kept at the Chambre des Comptes 
at Paris. 

Robert Stuart of Aubigny had entered into the fervice of the 
King of France before the year 1500, and even had then attained 
a pretty high rank in that fervice ; for there is in Prefident Henault's 
. Abrege Chronologique de I'Hiftoire de France, the following article 
at the date of the year 1499 : 

" Conquete du Milanez faite dans I'efpaee de vingt jours par 
" I'armee du Roi, fous la conduite de Louis de Luxembourg Comte 
" de Ligni, de Robert Stuart Seigneur d''Aubigni, & de Jean Jacques 
" Trivulce Seigneur Milanois. Le Roi fait fon entre'e dans Milan 
*' le 6 0£tobre, & en laiifa la gouvernement a Trivulce." 

In the courfe of many years of adive and important fervices> 
he acquired a very high military reputation. The hiftories of 
France and of Italy have recorded his gallant adions and his fue- 
cefsful enterprifes, the detail of which would be too long for this 
Genealogical Hiftory ; it may be fufficient to take notice that 
he attained the higheft military honours and rank in France, 
having been created one of the Marefchals by Francis I. in the 
year 15 15, at a time when there were but four Marefchals in that 
kingdom. 

It 



223 




ROBERT STUART OF AUBIGNY, 

It appears from the papers in the Cotton Library, referred to by 
Mr. Pinkerton, vol. ii. p. 183, that in the beginning of the year 1520, 
Francis I. cf France had fent into Scotland Flamigny as his am- 
baflador to recommend internal concord ; but as that embafly was 
little attended to, a more dignified embaffy v/as afterwards fent in 
the perfons of Robert Stuart Lord of Aubigny, and John de Planis, 
both of them Counfellors of State in France. Thefetwo ambafladors 
remained in Scotland fome moaths in the year 152 1, attempting 
to conciliate the inteftine divifions of that country ; and then re- 
turned through England to France. The inftrudions given to Au- 
bigny in that embafly are ftill extant. Cal. b. vi. 140. 

Upon the 15th of June 1527, Robert Stuart of Aubigny received 
from Francis L a royal grant of the comte, terre, et feigneurie of 
Beaumont le Roger in the province of Normandie, to him, and 
to his wife Jacquelln de Longueville, to be enjoyed and ufed by 
them, and the furvivor of them, as their proper revenue, in the 
fame manner and as fully as thefe faid lands and feigneurie had 
formerly been enjoyed by Bernard Stuart and Anne de Naumont 
his wife. 

In this royal grant it is mentioned that Bernard Stuart had mar- 
ried Anne de Naumont, daughter of Guy de Naumont Seigneur of 
St. Quintin, and of Jane natural daughter of the deceafed John 
Diic d'Alencon ; that of that marriage, there was one daughter, 
Anne Stuart, who was joined in marriage with Robert Stuart, who 
in the faid royal grant is thus defigned : " Notre tres cher et aime 
*' coufin Robert Stuart Chevalier de notre ordre, et Capitain de la 
" garde de notre corps, Seigneur d' Aubigny." And the motive of 
the grant is thus exprefl'ed: 

" Voulant et defirant fmgulierement gratifier et favolablement 
" traitter notre dit coufm Robert Stuart, lequel pour le fervice de 
*' nous et de la chofe publique de notre royaume, a delaifl'e' le 

" lieu 



MARESCHAL OF FRANCE. 

*• Ueu de fa naiflance ; confiderant auffi les vertus et merlte de fa 
" perfonne, et les grands et recommendables fervices qu'il a fait i 
" par cy devant a nous et a noftre dit royaume, en expofant fa per- 
" fonne en plufieurs guerres, journc'es,et rencontres, et autrementen 
" plufieurs et maintes manieres, fait et continue chacun jour, et ef- 
" perons que plus fera cy apres, pour ces caufes," &c. 

The above grant recorded upon the 9th December 1^27, in the 
Regifters of the Parliament of Rouen, was alfo recorded in the 
Chambre des Comptes at Paris, from whence . a certified extraft 
was delivered to the Author in the year 1 789. 

KB. The contents of the above grant fhew that Robert Stuaft, 
the Marefchal d'Aubigny, was twice married ; firft, to Ann 
Stuart the daughter of Bernard Stuart, which firft wife muft 
have died before the year 1527, as the grant ihews that at the 
date of it, the fecond marriage had taken place with Jaqueline 
de Longueville *. 

In the Hiftoire Genealogique et Chronologique de la Maifon 
Royale de France, par le Pere Anfelme, vol. vii. p. 142, there is a 
pretty accurate, though very brief account of Robert Stuart the 
Marefchal d'Aubigny, which is as follows : 

" Robert Stuart Comte de Beaumont le Roger, Seigneur d'Au- 
" bigny fur Nerre, Chevalier de I'ordre du Roy, et Capitaine du 

* In a manufcript hiftory of the Stuarts of Derneley in tlie Advocates' library at 
Edinburgh, written by Richard Hay of Drumboot, it is faid, that " Robert Stuart tJie 
" Marefhal, built the Houfe of Verrary near to Aubigny, which lands he had by his 
" wife." It is not faid by which of his wives he had thefe lands, whether by 
Ann Stuart the daughter of Bernard Stuart, or by Jaqueline dc Longueville. But 
if the Houfe of Verrary was built by Robert Stuart the Marefchal ; then the pitlures 
which were painted on the wall in the gallery of that houfe, in a feries of pidures 
from the firft Sir John Stuart of Derneley killed during the fiege of Orleans in Fe- 
bruary 1429, down to Matthew Stuart who was killed at Stirling in the year 1571 
could not have been of a more early period than that of Robert Siusvt the Marefchal, 
who died In the year 1543, and n.ay have been of a much later period. 

C' ^ " Cent 




ROBERT STlfART OF AUBIGNY, 

Cent Gardes Ecoflbis, dit le Marefchal d'Aubigny, fecond fils de 

Jean Stuart fecond du nom, Comte de Lenox, et d'Elizabeth 

Montgomery d'Eglinton ; rendit de grands fervices au Roi ea 
" Italie, ou il defendit Navarre en 1500 ; fe trouva aux prifes da 
" Bologna, de Genes, et a I'entre'e folemnelle du Roy dans Milan." 

" II fut fait Gouverneur de Breffe, et cree Marefchal de France 
" en 15T5 ; defit les troupes de Profper Colonne aupres de ville 
" Franche en Piemont ; fervit depuis dignement la courounne pen- 
" dant la guerre de Provence en 1536; et mourut en 1543, fans 
" pofterite ; d'Anne Stuart Comteffe de Beaumont le Roger et 
■" d'Aubigny, fa femme, fille unique de Beraud Stuart Seigneur 
" d'Aubigny, Connetable de Sicile, et Anne de Maumont. Le Roi 
" lui avoit fait don la meme annee le 9' Novembre du Comte de 
corTt'e'r ''" " Beaumont le Roger. Ses anceftres feront rapportes dans rHifloIre 
Jo'.'^'jf'" ^' " ^^^ Souverains de I'Europe." 

There is a book intitled, " Catalogue des Illuftres Marefchaulx 
" de France," printed at Paris in 1555; with their arms and ar- 
morial bearings blazoned ; in which book there is the following 
article relating to Robert Stuart: 

" Meflire Robert Stuart, Seigneur d'Aubigny, Chevalier de I'ordre 
" Saint Michel, Marefchal de France, du temps du Roy Louis Dou- 
" zieme, et du noble Roy Francois, mil cinq cens et quinze, et mil 
" cinq cens quarante et trois ; homme fidele aux Francois, fuy\ant 
" le naturel des Ecoflbis ; et portoit de Durgel, qui eft de France 
" a la bordure de Gueulles, fermailles d'or de huit pieces efcartellee 
" d'or a la face efchiquete'e d'argent et de fable de trois traidt, 
" bordee et endente de Geuelles, accompaignee de quatre quinte 
" feuilles de mefme." 

In the Depot des Manufcrits at the King's library at Paris, there 
is a " Pacquet des Titres provenus du Cabinet de Monfieur de 
" Galgniers," cotte' 1509, and the firft piece in that pacquet is thus 
intitled : . 

" Parties 



iMARESCHAL OF FRANCE. 

" Parties payee par Robert Stuart, Chevalier, Seigneur d'Au- j 
" bigny, luy e'tant Gouverneur et Lieutenant General pour le Roy ,, 
*' en la ville de Brefle, en laquelle il fut huit mois ou environ 
" affiege par le Pape, I'Empereur, le Roi d'Efpagne, Veneciens, 
" SuifTes, et Communes d'ltalie." 

There are In the fame pacquets feveral fheets of paper containing 
a report made by Robert Stuart, of incidents relative to his govern- 
ment of Brefcia ; and there Is a receipt and certificate figned by 
him at Paris, on the 8th of May 1517, which begins in thefe 
words: " Nous Robert Stuart, Chevalier, Seigneur d'Aublgny, Ca- 
*' pitaine de la Garde du Corps du Roy et des Cent Hommes 
" d'Armes Ecoffoifes de fes anciennes ordonnances, certifions au 
" Roy," &c. &c. .,.■, ,, ... vii.. .. 

Proofs concerning William Stuart, third Son of John 
Stuart firft Earl of Lennox. 

This William Stuart is mentioned by Duncan Stewart, p. 153, as 
third fon of John the firft Earl of Lennox, and Is defcrlbed as Cap- 
tain of the Scots Gens d'Armes In France. 

In the Depot, des TItres et de la Genealogie kept at Paris, there 
are feveral original receipts by this William Stuart, which the Author 
had occafion to fee while at Paris in the year 1789, and of which 
notes were then taken ; particularly there is a receipt by him for 
money received, dated 25th Auguft 1499, "^"^'if'! ^^is fubfcription and 
feal to it ; in which receipt he Is thus defcrlbed : " Guillaume Stuart, 
" Chevalier, Seigneur d'Oyzon, Confelllier et Chambellan du Roy, 
" notre Sire et Capitain de Cent Lances." 

In a regifter belonging to the Chambre des Comptes at Paris, 
beginning in 1499 and ending in 15 01, there is the following 
article : 

' . G G 2 " Mcfllre 



228 

PART 



WILLIAM STUART, THIRD SON, &c. 

" Meflire Gulllaume Stuart, ChevaUer, Seigneur d'Oyzon, Ca- 

pitaine de Cent Lances, revue a Rozey." 

In the lame regifter, fol. 148, " Gulllaume Stuart, Chevalier, 
' Seigneur d Oyion et de Grey, Confeillier &c Chambellan du Roy, 
• Capitaine de Cens Lances, revue a Alexandria." 

JV.^. In the courfe of examining the different articles in thefe 
regifters it appeared that the phrafe of " Capitaine de Cens 
" Lances," muft have implied a command of 300 men at leaft, 
for each lance confifled of un homme d'arme et deux archers ; 
or, un homme d'anne, un archer, et un arquebufier. 



Proofs concerning John Stuart, fourth Son of John the 
firfl Earl of Lennox. 

This John Stuart is in Duncan Stewart's Hiftory defcribed as Joha 
Stuart of Glanderftoun ; but in an authentic deed before-mentioned, 
he is defcribed John Stuart of Henrieftoun. The deed here referred 
to is the commiflion dated 8th July 1493, where John Earl of Lennox 
gave a commiffion to Matthew Stuart his fon and apparent heir, and 
to John Stuart of Henrieftoun alfo his fon, to go to the Kirk of 
Drymen on the 9th of July then inftant, and to commune and agree 
with John Haldane of Gleneagles concerning the avail of the earldom 

of Lennox. 

That fame John Stuarc was Reiflor of Kirkenner, in the diocefe 

of Galloway, and was chofen Re<3:or of the Univerfity of Glafgow, 

in which office he continued for feveral years prior to the year 1477 

(as mentioned in M'Ure's Hiftory of Glafgow). 

In Duncan Stewart's Hiftory, p. 153, it is ftated, that this John 

Stuart married Marion daughter of Sir Thomas Semple of Elliotfton, 

by whom he had one child, Margaret his heir, who married John 

Frafer of Kuoik in Airfhire. 



ALEXANDER STUART, FIFTH SON, &c. 220 

PART 
V. 

Proofs concerning Alexander Stuart, fifth Son of John n°xii. 
fiift Earl of Lennox. 

Alexander Stuart is one of the witnefles to the infcftment before- 
meatloned in favor of Matthew Earl of Lennox, and his wife 
Elizabeth Hamilton, of the lands of Craig of Nielilon, &c. dated 
litii September 1495, where he is defcribed " Nobilis et egregius 
" vir Alexander Stuart, Germanus, di£ti Domini Matthei. 

No other evidence concerning him has been difcovered in the 
Records in Scotland ; but in the Depot des Titres et Genealogie at 
Paris, there is an original receipt or quittance granted by Alexander 
Stuart in the year 1538, defcribed Archer de la Garde EcofToife, 
which was under the command of the before-mentioned Robert 
Stuart of Aubigny ; and in the fame place and in the fame year, 
there is a receipt and quittance by Jean Stuart de Galfton, de- 
fcribed Archer de la Garde EcofToife, aux gages du Sieur d'Au- 
bigny, Marefchal de France., This John Stuart of Galfton was a 
near relation of Robert the Marefchal, and makes it the more pro- 
bable that Alexander Stuart above-mentioned as Archer de la Garde 
Ecoflbife was Alexander the brother of the Marefchal. 

It is moft probable that both William and Alexander, following 
the fortunes of their elder brother Robert the Marefchal, had pe- 
rifhed in the wars of France j there are ao traces of their having 
left any pofterity, or even of their having ever been married. 

Proofs concerning Alan Stuart, fixth Son of John firft 
Earl of Lennox. 

Duncan Stewart, p. 153, fays, that John Earl of Lennox had a 
fon Alan, natural as he fuppofes, for that he is defigned by the Earl 
" fihus meus carnalis," when he gets a charter from his father of 

the 



23Q 



ALEXANDER STUART, FIFTH SON, Sec. 

the lands of Henrieftoun in Renfrewfhire, confirmed under the Great 
^ S^al in 1488. But it is to be obferved, that " filius carnalis" does 
not alwa}'S fignify a baftard or illegitimate child. The fame Alan 
Stuart is defigned fimply fon of John Earl of Lennox in a charter 
of the half of the lands of Gardonald granted in his favor by Ifabella 
Norvell Lady of Gardonald, dated 26th July 1496; and in the 
charter of confirmation thereof by the Crown, ift April 1499, 
P..ecords, Book xiii. No. 616. He is alfo fo defigned in a charter 
from Kennedy of Drummelzier, anno 1497, ^^ ^^^ other half of 
the lands of Gardonald; and in another charter in 1496, he is de- 
iigned fimply brother to Matthew Earl of Lennox. 

This Alan married Marion Stuart, daughter of Sir William Stuart 
of Gaflelmilk, by Ifabella Norvel Lady of Gardonald, and had iflue 
John, his apparent heir, who died in the lifetime of his father 
Alan ; which John married Agnes Stuart, daughter of Sir Thomas 
Stuart of Minto, and by her had an only fon James, his grand- 
father's heir ; which James was Gaptain of . jrth for Queen Mary 
in 1548, and married Helen Semple, daughter of William Lord 
Semple, and had by her James of Gardonald, and Alan, made Abbot 
of Grofli-egnel in 1564; and three daughters, Elizabeth, married to 
Robert fon of Alexander of Garlies, who had no Iffiie ; Margaret, 
married to John Stuart of Minto ; and Dorothy, married to John 
Pollock of that ilk. 

James of Gardonald having died without iflue, his eftatc of Gar- 
donald came to Walter, Prior of Blantyre, fon of the marriage be- 
tween John Stuart of Minto and Margaret Stuart, fifter of James of 
Gardonald ; and in confequence of that marriage the eflate of Gar- 
donald, which originally belonged to Ifabella Norvell, the wife of 
Sir William Stuart of Gaftelmilk, came to Lord Blantyre's family. 



C 231 ] 



THIRTEENTH GENERATION. 

WILLIAM, the eldeft Son of Matthew Earl of Len- 
nox, married Margaret daughter to William Earl of 
Montrofe, but died in his Father's lifetime without 
Iflue. 

JOHN, fecond Son, who fucceeded to his Father^ 
Matthew Earl of Lennox. 

PROOFS concerning JOHN STUART, the third Earl of 
Lennox. 

'T^O Matthew Earl of Lennox, killed at the battle of Floudon on 

-*• the 9th of September 15 13, fucceeded his fecond fon John J (. 
the eldefl fon William having died in his father's lifetime without 
pofterity. 

John, third Earl of Lennox, muft have made up his titles to the 
Derneley eftate, held by that family under the Prince and Stev/art of 
Scotland, and to the Lennox eftate, held by a different tenure under 
the King, by a fpecial iervice and retour ; for there is no charter in 
the Public Records in his favor, excepting one charter in his father's 
lifetime, dated 2d February 151 1, where he is defigned fon and 
heir * of Matthew Earl of Lennox, of the barony of Torboltoiin,. 
and of the lands of Galftoun and Dregarne, united into the barony 
of Torboltoun, Book xviii. N^g. 

The Record of Retours in Scotland does not go fo far back as 
the time of John Earl of Lennox's fucGefhon to his father in the year 

* This dcfcription of John, in February 15 1 1, proves that his cider brother 
■-"William had then died without iffue. 

^3 i-5»3.r 



JOHN, THIRD EARL OF LENNOX, 

1,1}', and his fpeclal fervice and retour, as heir to his father Mat- 
i thev/, has not been fopnd amongft the Derneley Papers ; neither is 
is there amongft them any charter in his favor. 

If John Earl of Lennox made up his titles to the eftates of Derne- 
ley and of Lennox, by fpecial fervice and retour, as heir to his 
father, then it follows, that he held thefe lands by the fame tenure, 
and under the fame conditions and deftinatlon of fucceifion, as they 
had been held by his father Matthew Earl of Lennox. 

It appears that this John Earl of Lennox made up his titles to 
the barony of Bathgate (in Weft Lothian), comprehending the Inch 
of Bathgate, Ballencrieff, mill thereof, Bawbardies, Ethefton, Cour- 
land, and Torbaine, with the pertinents, lying within the bounds of 
Linlithgow ; for there is amongft the papers relating to thefe lands, 
now belonging to the Earl of Hopetoun, a fafuie, dated the i6th of 
February, on a precept furth of the chancellary, dated the 13th 
of February 1523, for infefting John Earl of Levenox, as heir 
ferved and retoured to Matthew Earl of Levenox his father, in the 
barony of Bathgate, comprehending as above. 

By the precept ingroffed in this fafme, fecurity is direded to be 
taken for 840/. Scotch, as ten years and a half duty, while the lands 
remained in non-entry, and 80/. Scotch for the relief due to the 
King as Stewart of Scotland. 

Thefe documents prove that both John Earl of Lennox, and 
his father Matthew, had made up their titles to the barony of 
Bathgate, an old pofleflion of the Derneley family, held by them 
of the Stewart of Scotland, from whom the giant in their favor 
originally proceeded. 

It is prefumable that John Earl of Lennox had alfo made up his 
titles to the lands of Caftelmilk in Annandale, and to the lands be- 
longing to the Derneley family in the barony of Avendale in 
Lanarkfhlre, in a fimilar manner, by taking them up as fon and 

heir 



JOHN THIRD EARL OF LENNOX. 

heir of his father Matthew, who had completed his titles to the 
whole of the eftates belonging to him. ^ 

As a fymptom of John's having completed his titles to the lands 
in the barony of Avendale, there is a charter, dated the 20th of Sep- 
tember 15 15, by John Earl of Lennox, Lord Derneley, whereby 
for the lingular love and favor which he had to his beloved couftn 
James Stuart, fon of Akxatider Stuart of Cafebnilk^ and to Janet 
Auchinleck his fpoufe, he gave to them, and to the longeft liver of 
them during their lives, the Forty Shilling Land of the town of Kype 
of Old Extent, lying in the barony of Avendale and fhire of Lanark. 

And further, there is an affignation dated 3d February 1525 by 
John Earl of Lennox, Lord Derneley, to his well beloved coufin 
James Stewart of Tiveedy, of the right of reverfion of the Forty 
Shilling Land of Kype in the barony of Avendale. 

Thefe deeds are in the charter-room of the Duke of Hamilton, 
amongft the title deeds of the barony of Avendale ; and they infer 
that John Earl of Lennox had made up his titles to the lands be- 
longing to the Derneley family in the barony of Avendale, otherwife 
they would have been of no avail. 

A further evidence of John Earl of Lennox having made up his 
titles to the lands belonging to the Derneley family held by them of 
fubjed: fuperiors, is a precept of clare conftat dated 4th November 
15 15, granted by James Sandielands of Calder, Knight, fuperior of 
the lands of Wyftoun in the barony of Wyftoun, fhire of Lanark, 
which narrates that Matthew Earl of Lennox, father of the faid 
John, died laft veil and feifed in thefe lands of Wyftoun, and that 
John now Earl of Lennox is his neareft: lav»'ful heir, therefore grants 
■warrant for his being infeft therein, whereupon he was infeft con- 
form to the inftrument of fafme in his favour dated the i6th of July 

N. B. This inftrument of fafme, which contains a verbatim copy 
of the precept of clarc conftat, is ftill extant among the papers 
at Dryden belonging to Mr. Lockhart of Lee's family. 

JH H It 



2-. JOHN THIRD EARL OF LENNOX. 

PART It proves that both Matthew Earl of Lennox and his fon John 

,_ _^L _j had made up their titles to thefe lands. 

N° xiii. jj^ ^j^g ^^j^g repofitory at Dryden, there is a precept of fafine dated 

5th of June 1501, by Matthew Stuart Earl of Lennox, for infefting 

George Stuart fon and heir of the deceafed Thomas Stuart of Bar- 

fcube, in all and fundry the faid Earl's lands of Wyftoun. 

Inftrument of fafine, 13th May 151 1, in favor of Robert Stuart, 
fon and heir of the deceafed George Stuart of Barfcube, in thefe 
lands, proceding on a precept granted by the faid Matthew Earl of 
Lennox. 

The Stuarts of Barfcube, in whofe favor thefe infeftments were 
granted by the Earl of Lennox, were defcended from Robert Stuart, 
one of the younger fons of Sir Alexander Stuart of Derneley, and 
Dame Janet Keith his wife. Sir Alexander Stuart gave thefe lands 
of Wyftoun to his fon Robert, and the heirs male of his body ; whom 
failing, to his other fon James, and the heirs male of his body, to 
be held by them of and under the Stuarts of Derneley, the elder 
branch of the family, as mentioned in Part Second, N° VIIL p. 98 ; 
and it affords a clear proof of the praftice of the Derneley family in 
giving lands to a younger fon to be held under the elder branch ; 
and that in confequence thereof the fucceeding reprefentatives of the 
Derneley family retained the intermediate fuperiority by making up 
their titles regularly to the lands which had been given off to- 
younger fons to be held of them, even though thefe lands were held 
by the Derneley family themfelves of and under a fubjedt fu- 
perior. 

This is perfectly applicable to what happened in the cafe of the 
lands of Caftelmilk, originally given off to Sir William Stuart, a 
younger fon of the faid Sir Alexander Stuart, and brother of Sir John 
Stuart of Derneley, which lands being held by the heirs of Sir 
William Stuart of Caftelmilk, immediately of and under the elder 
branch, the Stuarts of Derneley, who at the fame time held them of 
and under the lords of Annandale, it became neceflary, for the fake 

of 



JOHN THIRD EARL OF LENNOX. 23 

of prefervlng that intermediate fuperiority, that the fucceflive heirs ^ a R t 
of the Derneley family fhould make up their titles to the lands of >- , —■— " • 
Caftelmilk by charters from the lords of Annandale, (and after the an- 
nexation of thefe lands to the crown, from the Sovereign, as come in 
place of the lords of Annandale,) while at the fame time the charters 
or precepts for infeftment in favor of the Stuarts of Caftelmilk, 
proceeded from the Stuarts of Derneley, their immediate fuperiors. 

Accordingly, it will appear from the whole of this Genealogical 
Hiftory, that this was the pradice uniformly obferved with regard 
to thefe lands of CaJIehiiilk, in a manner precifely fimilar to what 
happened with regard to the intermediate fuperiority of the lands of 
Wyftoun above-mentioned. 



During the minority of King James V. John Earl of Lennox was 
appointed one of the Lords of the Regency, anno 1524. 

He had great favor and confidence from that Sovereign, who, In- 
dignant at the reftraint under which he was kept by the Earl of 
Angus and the Douglafes, invited his coufm the Earl of Lennox 
to affemblc what forces he could to refcue him from their hands. 

Accordingly the Earl of Lennox, in the year 1526, raifed a power- 
ful body of men, and fet forward from Stirling, marching towards 
Edinburgh to accomplifh what he had undertaken at the King's 
command. 

The Earl of Angus artfully engaged the Lord Hamilton, firft Earl 
of Arran, though uncle to Lennox, to efpoufe his caufe, and to join 
their forces together. The Earl of Angus availed himfelf alfo of the 
advantage he had by having the charge and cuftody of the young 
King, in whofe name proclamations were iflued requiring all men 
between fixty and fixteen to rife immediately, and to follow the 
King and the Earl of Angus to the field of battle. 

\\n z The 



2,5 JOHN THIRD EARL OF LENNOX. 

p A R T The circumftances of what then happened are thus related by 

t- — 'v — -J Llndfay of Pitfcottie in his natural manner, defcriptive of charafters 
N»xiii. , / fi- Tj-a 

and of events, p. 137 of his Hiltory. 

" By this the word came to the town of Edinburgh, that the 

" Earl of Lennox was within a mile of Lithgow with three great 

" hofts, to the number of twelve thoufand men, well furnilhed with 

" artillery, and was purpofed to come to Edinburgh, if he were not 

" flopt! Then George Douglas hearing this, defired the King to 

" rife and pafs forward and help his brother, to fupport him againft 

" his enemies, fliewing him how near hand they were. But the 

" King's Grace took little thought of the matter, and was flow in 

*' his outredding. But at laft the poft came from the Earl of Angus, 

" fhewing the King that both the armies were in fight of each other, 

• " and were purpofed to fight ; therefore prayed the King's Grace 

" to come forward, with the town of Edinburgh, to refcue the 

" Earl of Angus, or elfe he would be lofl, by reafon of the number 

" of the other party. 

" Then the King caufed blow his trumpets, and lap on horfe, and 

" gart ring the common bell of Edinburgh, commanding all manner 

*' of man to follow him. So he rufhed out of the Weft port, and 

" all the town of Edinburgh and Leith with him, to the number of 

" three thoufand men ; and rode forward ; but ere they came to 

" Corftorphin, they heard the artillery fhoot on both fides, like as it 

" had been thunder. Then George Douglas cried to the King, be- 

*' feeking his Grace, for God's fake, to ride fafter, that he might 

" refcue and help his brother. 

" By this the poft came, and fhew the King that both the fields 

" were joined, and foughtcn furioufly with others, on the weft fide 

" of Lithgow, two miles weft the town ; and that the Earl of Angus 

" and the Earl of Glencairn were yoked together, and the Lord. 

*' Hamilton's force and the Earl of Lennox were yoked in like 



JOHN THIRD EARL OF LENNOX. 

*' manner, and both fighting furioufly. Then the King rode fafl 
" to fee the manner : but incontinent there met him a poft, fhewing 
" him that the Earl of Lennox-men were fled from him, and he 
" believed that he had tint the field. 

" But then the King was very forry, and cried on all his fervants, 
" and on all that would do for him, to ride to the field and flench 
" flaughter ; and in fpecial, to fave the Earl of Lennox, if he could 
" apprehend him alive. With this the King's fervants and fundry 
" gentlemen part, at the King's command, with Andrew Wood of 
" Largo, which was one of the King's familiar fervants, and carver 
" to him at that time, and hafled their horfe as faft as they might 
" bear them to the field, to keep the King's command, to fave all 
" from flaughter ; and in fpecial the Earl of Lennox, whom they 
*' found lying flayn, in the dead-throw, cruelly by Sir James Ha- 
•' milton, that tyrant, after that he was taken in the field by the 
" Laird of Pardovan, and his weapons taken, from him. In this 
" mean time, Sir James Hamilton, that cruel murderer, gart fhut 
" him from the takers, and flew him without mercy ; and fo did 
" he all that he might overtake that day in the field. There were 
" many marked that day with this murderer ; fome in the chafts 
" with his fword, and fome otherwife. 

" This being done, the King's fervants came through the field, 
" and faw the Lord Hamilton fl;anding mourning befide the Earl of 
*' Lennox, faying, the wife/i man^ the Jlotitcjl 7}ia?t, the hardiejl man 
" that ever was born in Scotland was Jlaln that day ; and his cloke 
" of fcarlet caft upon him, and gart watch-men ftand about him till 
" the King's fervants came and buried him *." 

Thus 

* The perfon above defcribed by LIndfay as lamenting over the dead body of the 
Earl of Lennox, was the Lord HamUton, Earl of Arran, then at the liead of the 
Hamilton family. The Earl of Lennox was nearly related to him, being the fon cf 
the Earl of Arran's filler; and befides that tie of relationfhip, was in great efteem by 
the Earl of Arran, who, however, had been artfully fcduced by the Earl of Angus to 

take 




2^8 JOHN THIRD EAUL OF LENNOX. 

PART Thus fell John Earl of Lennox, one of the moft amiable cha- 
j rafters of the age in which he lived, and the moft generally 



NoXIII. , , J 

, , beloved. 

fept. +, 1516. 



John Earl of Lennox married Ann, daughter of John Stuart, Earl 
of Athol, by whom he had three fons and one daughter : 

1. Matthew, his eldeft fon and heir. 

2. Robert Stuart, Billiop of Caithnefs, afterwards Earl of Len- 
nox, and thereafter Earl of March. 

3. John Lord d^Aubigny, captain of the Scotch Gens d'Armes 
in France, and governor of Avignon, whofe pofterity became 
Dukes of Lennox. 

One daughter, Helen, married firft to William Earl of Errol, and 
afterwards to John Earl of Sutherland. 



take part againfl; his kinfman in that battle near Linlithgow, which proved fatal to him 
on the 4th of September 1526. 

Sir James Hamilton, to whom Lindfay imputes the murder of John Earl of Len- 
nox in the field of battle, after he had been taken prifoner by Hamilton of Pardovan, 
was a ballard fon of the Earl of Arran's. 

There is ftill extant in the charter-room at Hamilton, a ratification by King 
James V. of a releafe granted by Matth&w Earl of Lennox, fon of the faid John Earl 
of Lennox, to James the fecond Earl of Arran, and to his friends, kindred, and fol- 
lowers for the flaughter of the faid John Earl of Lennox, who was defeated and flain 
at Canatby bridge by my Lord Arran's father, on certain conditions, one of which 
was, that Sir James Hamilton of Fynnart, as tutor to this Earl of Arran, and for his 
own fharc in that flaughter, fliould perform the three great pilgrimages of Scotland, 
and fuftain fix priefts for feven years for the foul of him who was flain. 



[ 239 ] 



FOURTEENTH GENERATIONT. -; . 

1. MATTHEW, fourth Earl of Lennox. 

2. ROBERT, Bifliop of Caithnefs. 

3. JOHN, Lord d'Aubigny. 

PROOFS concerning MATTHEW fou«h Earl of Lennox, the 
eldeft Son of John. 

Tl /f ATTHEW Earl of Lennox fucceeded to his father John in 
'*-^-'' September 1526. The early part of his life he paft in the i 
fervice of the Crown of France in the wars in Italy where he ferved 
with gallantry and diftin£lion, and was in great favor at the French 
court. It was after the death of King James V. who died In the 
year 1542, that he returned to Scotland, in the reign of Mary the 
infant Queen of Scots *. 

As John the third Earl of Lennox had eftablifhed in his per- 
fon, as heir to his father Matthew the fecond Earl, the feudal 
titles to the Derneley eftate held of the Prince of Scotland, to the 
Lennox eftate held of the Crown, and to the lands held by the 
Derneley family of and under fubjed fuperiors, fo it is prefumable, 
that the method taken by Matthew fourth Earl of Lennox, in 
making up his titles to thefe feveral lands and eftates, was by fpecial 
fervice and retour, as heir to his father John Earl of Lennox. 

* In the rolls of the ScottiHi parliament, Lennox is marked as one of the peers 
prefent in the parliament of 26th April 1531, and 17th May 1532 ; therefore it muft 
liave been after that period that Matthew Earl of Lennox went to France to engage in 
the wars of that country ; unlefs it be fuppofed that he had been in France before 
1531, and had come over to Scotland in the years 1531 and 1532 for his own private 
affairs, after his father's death in, 1526. There is no mention of the Earl of Lennox 
a$ prefent in any of the parliaments after 1532. 

But 




MATTHEW FOURTH EARL OF LENNOX. 

But as the Record of Retours in Scotland does not go fo far back 
as that period, there are no traces to be found in the Scottifh 
Records of the manner in which this Matthew made up his titles to 
the Derneley and Lennox eftates. The original fervice and retour, 
and the infeftments following thereon, have perilhed or been miflaid, 
at leaft they are not now to be found amongft the Derneley papers 
in the Duke of Montrofe's poiTeffion. 

There are no charters in the Public Records in Scotland in favor 
of this Matthew fourth Earl of Lennox, which makes it the more 
probable that his titles muft have been made up, not by charter and 
fafme, but by fpecial fervice and retour,. as heir to his father John 
Earl of Lennox, who had died laft veft and feifed in the various 
lands and eftates belonging to the Derneley family. 

It was in times of great difficulty, when Scotland was agitated by 
great fadtions among the Nobles during Queen Mary's minority, 
that this Earl of Lennox was invited to come from France to Scot- 
land. The account given by George Crawford in his Hiftory of 
the Stuarts is, " That upon the death of King James V. Matthew 
*' Earl of Lennox was fent for to France, and cajoled with hopes of 
" marrying the Queen-dowager, to fupport her againft the fadions 
'* of the Nobility at home ; but was afterwards accufed by the 
" Queen and Cardinal Beaton as too much favoring Queen Mary's 
" marriage with Edward Prince of Wales, King Henry the Vlllth of 
*' England's fon ; which obliged him to make an apology for him- 
•' felf to the French King ; and after a difadvantageous rencounter 
*' with the Earl of Arran, then governor of Scotland, at the city of 
" Glafgow, in the year 1545, his eftate was forfaulted, and he fled 
" into England, where he was honorably entertained by King 
" Henry VIIL who beftowed upon him in marriage his niece, the 
" Lady Margaret Douglas, only daughter of Archibald Earl of 
" Angus, by Margaret eldeft daughter of King Henry VIL of 
*' England, and Dowager of James IV. of Scotland ; by whom he 

" had 



MATTHEW FOURTH EARL OF LENNOX. 241 

" had two fons, Henry Lord Derneley, and Charles afterwards part 
*' Earl of Lennox." u — ^^— » 

The account given by Lindfay of Pltfcottie, In his Hiftory, 
p. i8i, 182, is, that Cardinal Beaton had by fecret meflages prevailed 
upon the Earl of Lennox' to come home from France, promifmg to 
him the marriage of the Queen-mother, and governorship of the 
realm in place of the Earl of Arran. 

That the Cardinal received the Earl of Lennox with many flat- 
tering words, but deceived him ; for fubfequent to his invitation to 
the Earl of Lennox to come home to Scotland, he (the Cardinal) 
had made up all his differences with his kinfman the Earl of Arran, 
governor of Scotland, and only thought how to get rid of the Earl 
of Lennox with credit. 

Then Lindfay mentions a rivalfhip between the Earl of Both^'ell 
and the Earl of Lennox for the favour of the Queen-mother, and 
for the honor of being her hufband, and takes occafion to give the 
following defcription of the two rivals : 

" Thefe two Earls daily frequented the Court, ftriving In magnl- 
" ficence of drefs and in all courtly games, the one to exceed the 
" other, efpeclally in the Queen's fight ; but the Earl of Lennox 
" being well bred in the wars In France, furpaffed the other both In 
" ability of body and dexterity of exercife. He was of a ftrono- 
" body, well proportionate, of a fweet and manly vifage, flraight in 
*' ftature, and pleafant In behaviour. Bothwell was fair and whitely, 
" fomething hanging fhouldered, and going forward, but of a gentle 
*' and humane countenance. Thefe two being fed with fair words 
" for a time, at length the Earl of Bothwell, having fpent very 
" much, was forced to reture." 

Lindfay relates that the governor, the Earl of Arran, Inftlgatcd 
by Cardinal Beaton and the Queen-mother, raifed an army and 
befieged the caftle of Glafgow, defended by fome friends of the 
Earl of Lennox's. That upon the 8th of March 1544, t'^e Go- 



2^2 MATTHEW FOURTH EARL OF LENNO^t, 

PART vernor came to Glafgow with 12,000 men, bringing cannon and 
. _ -, -■ _; artillery from Edinburgh ; that the fiege lafted ten days ; that the 
governor prafciied with the keepers of the caftle to yield it, pro- 
mifing great rewards to them and all that were with them. 

That the keepers were John and William Stuarts, fons of tlie 
Abbot of Dryburgh, who, knowing of no relief, were glad of 'die 
oiler, and yielded the caftle to the governor. 

That thefe two brothers were imprifoned during the governor's 
pleafure, and all the reft were immediately hanged. 

That the Earl of Lennox himfelf being fummoncd was put to the 
horn for non-compearance, and thereafter forfaulted ; fo that he, 
feeing no refuge in Scotland, fhortly thereafter retired into England, 
where he was kindly entertained by King Henry, &c. 

That in the next parliament the Earl of Lennox's whole vaflals 
and followers were forfaulted ; for whofe compofitions the governor, 
the Earl of Arran, obtained great fums of money, howbeit he loft 
their hearts by his extreme rigour. 



Upon the forfeiture of Matthew Earl of Lennox, vx'hich took 
place in the year 1544 or 1545, his various eftates were granted by 
the crown, or by the governor ailing for the crown, to feveral dif- 
ferent perfons, particularly to the Earls of Argyll and Montrofe, 
Lord Semple, Johnftoa of Johnfton, &c. The charters granted in 
favor of thefe different perfons fpecify the lands given to each, and 
that they had formerly pertained to Matthew Earl of Lennox. 

As the lands of Caftelmilk in Annandale made part of the eftates 
belonging to the Derneley and Lennox fainily, fo it appears that upon 
the forfeiture of Matthew Earl of Lennox, the fuperiority of the lands 
of Caftelmilk in Annandale belonging to him, were by a precept 
under Queen Mary's Privy Seal, dated 28th Odober 1546, granted 
to John Jolmfton of that ilk. 

And 



MATTHEW FOURTH EARL OF LENNOX. 

And further there is in the Public Records, Book xxxi. N" 68, a 
charter dated ijth April 1550, by which the lands of Caftelmilk c 
were granted to the faid John Johnfton de eodem ; and the charter 
recites that they had formerly belonged to Matthew Earl of Lennox, 
and had devolved to the Crown by his forfeiture. Upon which 
charter the laid John Johnfton was infeft on the 28th of April 
^55°' 

The terms of the above charter from the crown (hew that Mat- 
thew Earl of Lennox was at that time the laft vaffal received by the 
Crown for thefe lands of Caftelmilk ; and confequently proves that he 
had made up his titles to them, though the title deeds themfelves do 
not now appear. 

The fentence of forfeiture agalnft Matthew Earl of Lennox was 
refcinded by a£t of parHament in the year 1564 ; which probably 
had the effedt of annulling the faid grant to John -Johnfton 
of Johnfton, and of reftoring to Matthew Earl of Lennox and his 
family, the fuperiority of the faid lands of Caftelmilk. 

Matthew Earl of Lennox lived at the court of England till the 
year 1564, when he was called home by Queen Mary ; his for- 
feiture was refcinded in December that year, and he was publicly 
reftored to the honors and eftates of his anceftors, after he had been 
banllhed near twenty years. 

On his return to Scotland he did not meddle in public affairs 
until the murder of his fon Lord Derneley, when he profecuted the 
Earl of Bothwell as guilty thereof. 

He lived retired till the death of the Earl of Murray, Regent, and 
was on the nth of July 1570 eledted Regent during the minority 
of King James VL of Scotland, his grandfon. 

, In the year 1571, he called a parliament to meet at Stirling,, 

where he was furprifed and barbaroufly murdered in a fcuflBe by a 

I I 2 Captain. 



243 



MATTHEW FOURTH EARL OF LENNOX. 

Captain Calder, on the 4th of September 157 1, and was interred la 
J the chapel of the caftle of Stirling *. 

Of the marriage between Matthew Earl of Lennox and Lady- 
Margaret Douglas, niece of Henry VIIL there were four fons and 
four daughters j but none of the fons came to age excepting two : 

1. Henry Lord Derneley, who married Queen Mary, and died 
on the 9th of February 1567. 

2. Charles, who afterwards became Earl of Lennox. 

Concerning Robert Stuart, Bifhop of Caithnefs, fecond 
Son of John third Earl of Lennox. 

The account given by Crawford in his Peerage, p. 309, of this 
Robert Stuart, under the title of Earl of March, is as follows : 
" Robert Stuart, Earl of March, was the fecond fon of John Earl 
" of Lennox, by Anne his wife, daughter of John Earl of Athole ; 
" who being educated fuitable to his noble birth, with a view to the 
" fervice of the church, the firfb ftep he made into it was to be 
" provoft of the collegiate church of Dumbarton ; and after that he 
" was preferred to the epifcopal fee of Caithnefs, anno 1 542, but 
" while he was only eledt, taking part with his brother the Earl 
" of Lennox, againft the Earl of Arran, the governor in Queen 
" Mary's minority, he was deprived of his bilhopric, and lived in 

* Upon the death of Matthew Earl of Lennox the following epitaph was compofed 
by George Buchanan : 

Regis avus, Regis pater, alto e fanguine Regum 

Imperio quorum terra Britanna fubeft, 
Matthoeus : genuit Levinia, Gallia fovit, 

Pulfo Anglus ihalamum, remque decufque dedit. 
Coepi invifta manu, famam virtute refelli, 

Arma armis vici, confilioque dolos. 
Gratus in ingratos, patriam jufteque pieque 

Cum regtrem, hoftili pctfidia cecidi. 
Care Nepos, fpes una domus, meliore fenedlam 
Attingas fato, cxtera dignus avo. 
■' 5 " exile 



ROBERT STUART, BISHOP 9F CAITHNESS. 

" exile upwards of twenty years till the 1563, he was again re- p 
" ftored, at leaft to the profits of the fee ; and complying with the c- 
" reformation of religion, he had for his fhare of the riches of the 
*' church the priory of St. Andrew's given him from the Crown. 
" In the 1576, the honor of Earl of Lennox devolved upon him by 
*' the death of Charles Earl of Lennox his nephew ; but having 
*« no male iffue of his body, he refigned the honor to his great 
" nephew, Efme Lord d'Aubigny, and in place thereof was made 
" Earl of March in the year 1579 ; after which he lived privately 
" at St. Andrew's, where he fpent his old age in a ftudious and re- 
" tired manner happily free from any faction, till the 29th of 
*' March 1586 death brought his life to a period in the 70th year 
" of his age." 

The account thus given by Crawford concerning Robert Stuart's 
having enjoyed firft the earldom of Lennox anno 1576, and after- 
wards the earldom of March anno 1579, is confirmed by charters 
on record, as will be herein-afterwards noticed under N° XVL 

Concerning John Stuart Lord d'Aubigny, third Son of 
John third Earl of Lennox. 

This John Stuart is mentioned in the Records kept in the Chambre 
des Comptes at Paris, vol. ii. cotte'4914, as having performed foy 
and hommage for the lands of Aubigny in the province of Berry, 
upon the 14th of July 1560. 

He was captain of the Scotch Gens d'Armes in France, and go- 
vernor of Avignon. 

He was fucceeded in the lordfhip of Aubigny in France by his 
fon Efme Stuart, who, on his coming over from France to Scotland 
in 1579, was, upon the refignation of his uncle Robert Stuart Earl 
of Lennox, created Earl of Lennox, and thereafter Duke of Lennox, 
as will be fhewn in the next Generation, N° XV. 



[ 246 ] 



FIFTEENTH GENERATION. 

HENRY Lord Derneley, eldefl Son of Matthew fourth 

Earl of Lennox. 
CHARLES STUART, youngeft Son of Matthew 

fourth Earl of Lennox. 
ESME STUART D'AUBIGNY, only Son of John 

Stuart of Aubigny, Brother of Matthew fourth 

Earl of Lennox. 

PROOFS concerning HENRY Lord Derneley, the eldefl Son of 
Matthew Earl of Lennox. 

part TTENRY Lord Derneley, born in England during the time of 

L -.'- _f -"--■■ his father's refidence at the court of Henry VIII. whofe niece 

^° ^'^' he had married, came to Scotland in the year 1565, foon after his 

father had been invited by Queen Mary to return to his native 

country *. 

Henry Lord Derneley had not been above fix months in Scotland, 
when his marriage to Mary, the young and beautiful Queen of 
Scots, was fettled. She was then in the twenty-third year of her age ;, 
and Henry Lord Derneley had not attained the age" of twenty years 
complete. 

* There is in the Record of Charters under the Great Seal at Edinburgh, a charter 
dated i8th February 1565, in favor of Matthew Earl of Lennox of GargannocIiaO! 
and Ballaigan in Dumbartonfliire, B. 32, N" 272. This charter mufh have been fub- 
fequent to the Earl of Lennox's return to Scotland, and fubfequent to the refcinding 
of his forfeiture. 

Upon- 



HENRY LORD DERNELEY. 

Upon the 15th of May 1565, Henry Stuart, eldeft fon of Mat- 
thew Earl of Lennox, was firft made Knight; then he was made t. 
Baron Banneret, and nominated Lord Annannock and Lord of 
Parliament; then Earl of Rofle ; and on the 2 2d of July 1565, he 
was created Duke of Albany. 

Thefe particulars- appear from what pafled in the year 1606, when 
the titles of various Scotch peerages were produced to the Commif- 
fioners authorlfed by commillion from King James VL to fettle the 
precedency of the Scotch Peers. 

The marriage of Lord Derneley with Mary Queen of Scots took 
place on the 29th day of July 1565; and on the 15th of June 
1566, the Queen was delivered of a fon, King James VL of Scot- 
land, the firft monarch of the united Crowns of England and 
Scotland. 

Henry Lord Derneley, the hufband of Queen Mary, and the 
prefumptive heir of Matthew Earl of Lennox, was barbaroufly mur- 
dered at Edinburgh in his own lodgings v/hen in bed, on the 9th of 
February 1567. 

Having thus pre-deceafcd his father Matthew Earl of Lennox, 
who lived till the 4th of September 1571, neither the eftate or titles 
of Lennox were ever enjoyed by Henry Lord Derneley. 

Concerning Charles Stuart, fecond Son of Matthew 
fourth Earl of Lennox, and Brother of Henry Lord. 
Derneley. 

Charles Stuart, the younger brother of Henry Lord Derneley, 
married Elizabeth daughter of Sir William Cavendifh, fifter to the 
Earl of Devonfhire, by whom he had only one child, Lady Arabella 
Stuart, who married William Marquis of Hartford; but had no iflTue. 
He died in the twenty-firft year of his age at London in the year 



H2 



CHARLES STUART, SECOND SON, &c. 

1576, as appears from the infcription* upon his mother's monu- 
ment in Henry the Seventh's Chapel in Weftminfter Abbey. 

This Charles Stuart received in the year 1572 from his nephew 
King James VI. charters of the earldom of Lennox and various 
other lands, dated i8th April 1572, and became Earl of Lennox, as 
will be more particularly ftated under N° XVL 

Concerning Esme Stuart of Aubigny, only Son of John- 
Stuart of Aubigny, Brother of Matthew the fourth 
Earl of Lennox. 

Efme Stuart d' Aubigny, who had been educated in France, was 
after the death of the faid Charles Earl of Lennox, brother of Lord 
Derneley, fent for by King James, and came to Scotland in the 
year 1579. He was received with great favor and confidence; 
many honors and grants of land were conferred upon him by his 
Majefty, particularly the dukedom of Lennox in the year 158 1, as 
will be more particularly ftated under N° XVL 

» Hie fitus eft Carolus Comes Lennoxis, qui duxit filiam Willielmi Cavendlfk 
Militis, ex qua cum Arabellam unicam. fiiiam fufcepiflet dum obiit anno xtatis fua: 21,5, 
etfalutis humans 1576. (Crawford's Peerage, p. 261.) 



GENEALOGICAL HISTORY 

OF 

THE srE WAR TS. 



- ,. PART SIXTH. 

Beginning from the death of MATTHEW fourth Earl 
of Lennox on the 4th of September 1571, and con- 
tinued to the year 1672, when, upon the death of 
Charles Stuart fixth Duke of Lennox, King 
Charles IL fucceeded as the neareft collateral heir 
male of the Stuarts Earls and Dukes of Lennox. 



SIXTEENTH GENERATION. 

1. KING JAMES VI. of Scotland, only Son of Henry Lord 
Derneley, and Grandfon of Matthew the fourth Earl of 
Lennox. 

2. LUDOVIC, Duke of Lennox, eldefl Son of Esme, Duke of 
Lennox and Grandfon of John Stuart the Brother of 
Matthew fourth Earl of Lennox. 

3. ESME STUART of Aubigny, fecond Son of the faid Esme 
Duke of Lennox. 

PROOFS concerning KING JAMES VI. of Scotland, only Son of 
Henry Lord Derneley. 

UPON the death of Matthew fourth Earl of Lennox, on the part 
4th of September 1571, his grandfon King James VI. nf ^_ ' ; 
Scotland, was the heir male of the Stuarts of Derneley and Lennox, ^° ^ 
1 K K. and 



KING JAMES VI. OF SCOTLAND. 

and as fuch became entitled in right of blood to the eftates and 
J honours of that family ; but King James did not take the benefit 
of that right of fucceffion for his own ufe. The fteps taken by 
his Majefty for preventing thefe eftates and honours from being 
abforbed in the rights of the Crown, for continuing them to the 
next collateral heirs male, and for fecuring the reprefentatlon of 
the Derneley family in the male line, fhall now be ftated, from the 
charters and other authentic inftruments on record. 

There are in the Public Records in Scotland four feveral royal 
charters, dated i8th April 1572, for the purpofe of conveying to 
Charles Stuart, fecond fon of Matthew fourth Earl of Lennox, and 
younger brother of Henry Lord Derneley, and to his heirs male, the 
earldom of Lennox, and various other lands which had belonged to 
his anceftors the Lords Derneley and Earls of Lennox. 

One of thefe charters is a grant of the barony of Torboltoun in the 
fhire of Air. Bookxxxiii. No. 106. 

The fecond charter is of the earldom of Lennox, lordfhip and 
lands thereof, and of the office of Sheriff of Dumbarton. Book xxxiii. 
No. 108. 

The third is of the lands of Ballincrieff, Balbardy, and others in the 
county of Linlithgow, which being lands held by the Prince, were 
by annexation, reckoned to belong to the county of Renfrew. 

The fourth was of the lands of Gargonock, Barlagin, and others, 
in the counties of Stirling and Dumbarton. 

This Charles Stuart, who thus became the fifth Earl of Lennox, 
married Lady Elizabeth Cavendifh, fifter to the Earl of Devonfhire, 
by whom he had only one child, Lady Arabella Stuart. And as in 
terms of the limitations to heirs male fhe could not fucceed to the 
honors and eftates of the Lennox family, thefe reverted to King 
James upon the death of his uncle Charles Stuart in the year 1576. 

Upon the death of Charles Stuart fifth Earl of Lennox, King 
James, by a royal charter, dated i6th June 1578, Book xxxv. No. 8. 

granted 



KING JAMES VI. OF SCOTLAND. 

granted the earldom of Lennox, the barony of Torboltoun, the 
lands of Cruickisfee, Derneley, and others in the {hires of Renfrew, i, 
Air, Dumbarton, and Stirling, to Robert Stuart Bifhop of Caithnefs, 
who was grand uncle to his Majefty, having been the immediate 
younger brother of Matthew the fourth Earl of Lennox, as ftated 
in Part V. No. XIV. 

The charter thus granted contains the Earl's creation, and by it 
the earldom of Lennox is limited to Robert and the heirs male of 
his body. 

It appears that within a few years after the date of this grant, 
Robert Earl of Lennox accepted of the earldom of March and 
lordfhip of Dunbar, in lieu of the earldom of Lennox ; fo as that 
his Majefty might be at liberty to beftow the lands and honours of 
the earldom of Lennox upon Efme Stuart Lord d'Aubigny, the 
fon and heir of John Lord d'Aubigny, who was the youngeft 
brother of the King's grandfather Matthew Earl of Lennox. In 
confirmation of which arrangement there is in the Public Records 
(Book xxxv. No. 6sS') a charter dated 5th Odober 1582, of the 
earldom of March and lordlhip of Dunbar in fiwor of the faid 
Robert Stuart, containing a new eredlion of thefe lands into an 
earldom, and creating him Earl of March. 

It is to be obferved that, during the period while this Robert 
Stuart was Earl of Lennox, he appears to have made up his titles 
to other lands which belonged in fuperiority to the Derneley fa- 
mily, and which had been held by them originally under fubje<n: 
fuperiors ; particularly this muft have been the cafe with regard 
to the Forty Merk Lands of Caftelmilk in Annandale, held by the 
Stuarts of Derneley under the Lords of Annandale ; for there is 
pofitive evidence, that this Robert Stuart Earl of Lennox, as Su- 
perior of the lands of Caftelmilk, granted the following feudal in- 
veftiture of thefe lands in favour of Archibald Stuart of Caftelmilk ; 
to wit : 

K K 2 Precept ' 



251 



KING JAMES VI. OF SCOTLAND. 

Precept of clare conftat, dated 2d November 1579, granted by 

I Robert Stuart Earl of Lennox Lord Derneley, as Superior of the 

lands of Caftelmilk in Annandale, in favor of Archibald Stuart for 

infeftrng him in the lands of Caftelmilk and Bromhill in the 

Stewartry of Annandale, as neareft and lawful heir to his grand- 

fluher Archibald Stuart, to be held Ward of the Earl of Lennox. 

N.B. In this deed granted by the Earl of Lennox he defcribes 

Archibald Stuart of Caftelmilk as his beloved coufm : the 

- ■ words are, " Coufangulnens nojler dikSlnsr 

Charter of novodamus, by Robert Earl of Lennox as Superior 
of the lands of Caftelmilk, in favor of the faid Archibald Stuart, 
granting to him de 'novo the faid lands of Caftelmilk and Bromhill, 
dated 13th November 1579. 

Achibald Stuart was infeft on the precept of clare conftat on 
9th November 1579; and was infeft upon the charter of novo- 
damus on the 2d of February 1579-80. 

The deeds thus granted in favor of the Stuarts of Caftelmilk, 
which are ftill extant in the pofleflion of the Caftelmilk family, 
prove, that Robert Earl of Lennox, the granter of thefe deeds, muft 
have made up his titles to the Superiority of thefe lands of Caftel- 
milk, for otherwife he could not have granted to them a valid and 
efFedtual charter and infeftment ; and there is thr more reafon to 
be convinced of this from the circumftances of the Caftelmilk eftate 
at that time; for upon the 27th of November 1578, a contra^ 
had been entered into between John Lord Maxwell and the faid 
Archibald Stuart of CaPLclmilk, by which he became bound, for 
valuable confideratlons, to difpone to John Lord Maxwell, all the 
lands of Caftelmilk which in any time bygone had pertained to the 
faid Archibald Stuart and his predeceffbrs, excepting the Ten Merk 
Lands of Bromhill and Todlemuir. And in that contradl there 
was a claufe particularly obliging the faid Archibald Stuart to obtain 

from 



KING JAMES VI. OF SCOTLAND. 2^^ 

from the Earl of Lennox, Superior of the lands of Caftelmilk, a part 

fufficient charter of confirmation under his fubfcription and feal. ■_ - — _, 

It was in confequence of that contrad, that Archibald Stuart, in the '^°^^'- 

year 1579, obtained from Robert Earl of Lennox the precept of 

clare conftat and charter of novodamus above-mentioned. And as 

by the fale of the lands of Caftelmilk which then took place in 

favor of John Lord Maxwell, there were two parties interefted in 

the validity of the feudal titles at that time eftabliflied in the perfon 

of Archibald Stuart of Caftelmilk, there can be no doubt that they 

were fatisfied of the validity of the precept and charter granted by 

Robert Earl of Lennox as Superior of the lands of Caftelmilk ; 

which neceflarily implies that he had made up his titles in a feudal 

manner to the Superiority of the lands of Caftelmilk, which had 

from time immemorial belonged to the Derneley family *. 

Robert 

* In the preceding Parts of this Genealogical Hiftory it has been fliewn, that the 
the firft Sir John Stuart of Derneley, who died in the year 1429, made up his 
titles to thefe lands of Caftelmilk ; that his gvandfon John, the firft Lord Derneley, had 
made up' his titles to thtfe fame lands about the year 1468; and that Matthew 
Stuart, fecond Lord Derneley and Earl of Lennox, had made up his titles to them 
in the year 1496. It does not appear at what time John third Earl of Lennox, 
fon of that Matthew, nor at what time Matthew the fourth Earl of Lennox, had 
made up their titles to the lands of Caftelmilic ; but there are circumftances which 
leave no roor/i to doubt that they did make up their titles to tliem ; to wit: / 

With regard to John third Earl of Lennox, who fucceeded to his father Matthew 
in September 1513, and died on 4th September 1526, it has been fliewn that he 
had carefully completed his titles to the Derneley and Lennox eftates held by him 
either under the Crown or the Prince of Scotland, and likewife his titles to the 
various lands or intermediate fuperiorities held by him under fubje<£l fuperiors ; 
which makes it very highly probable that he mud alfo have completed his titles to 
the lands or intermediaie fupcriority of Caftelmilk, in the fame manner that his 
father Matthew had tu.ie. 

The prcci'pt of clare conftat before mentioned granted by Robert Stuart Earl of 
Lennox, upoii 2d November 1579, in favor of Archibald Stuart, of the lands of 
Caftelmilk, as neareft and lawful heir in thefe lands to his grandfather Archibald 
Stuarc, proves that Archibald btuart the grandfather muft have madt- up his titles 
to thefe lands by a feudal inveiliture from his Superior in them, the ^arl of Lennox. 

Archibald 



254 

PART 



KING JAMES VI. OF SCOTLAND. 

Robert Stuart Earl of Lennox above-mentioned, died in the year 
I 1586, without leaving heirs male of his body. 

Archibald Stuart, the grandfather of Archibald, who received the precept of clare 
from Robert Earl of Lennox in the year 1579, was a married man in the year 1528, 
there being a charter in favor of him and his wife Margaret Maxwell, of the lands 
of Ravenfcraig in Renfrewfhire ; at which time he was not defigned of Caftelmilk : 
but in the month of November 1533, in a contradt between him and John Johnfton 
of Johnfton, fubfcribed by both parties, his fubfcription was in thefe words : " Archl- 
" chibald Stuart, younger, Laird of Cafelmilh:' 

And in a tack and afledation, dated in April 1541, this Archibald Stuart and 
Margaret Maxwell his wife, let the lands of Caftelmilk in favor of Robert Lord 
Maxwell, for payment of a certain rent. Therefore it is clear, that this Archibald 
Stuart the hufband of Margaret Maxwell, was proprietor of the lands of Caftelmilk 
even during the lifetime of his father Archibald, who did not die till after the year 154 1. 
It muft have been at fome period between the year 1528 and 1541, that Archibald 
Stuart the hufband of Margaret Maxwell made up his titles to the Caftelmilk eftate ; 
which could only be by charter or precept for infeftment from the Earl of Lennox 
his Superior. And as John Earl of Lennox had died in the year 1526, and was 
fuGceeded by his fon Matthew fourth Earl of Lennox, who lived till the year 1571 ; 
it muft have been from this Matthew Earl of Lennox, or from Commidioners ading 
for him, that Archibald Stuart received his feudal inveftiture of the lands of Caftel- 
milk ; and it muft have been before the year i54S> for at that time the eftates of 
Matthew Earl of Lennox were forfeited, and he fled into England, where he re- 
mained near twenty years. 

What confirms the belief that it muft have been Matthew the fourth Earl of 
Lennox who granted the feudal title to the lands of Caftelmilk to Archibald Stuart, 
the hulband of Margaret Maxwell, and the grandfather of that Archibald Stuart who 
received the precept of clare from Robert Earl of Lennox in 1579, is this circum- 
ftance ; that there is clear evidence that Matthew fourth Earl of Lennox had made 
up his titles to the Superiority of the lands of Caftelmilk ; for there is in the Records 
of Scotland a precept, under Queen Mary's Privy Seal, dated 28th Odtober 1546, 
whereby flie granted to John Johnfton of that ilk, the fuperiority of all and haill the 
lands of Caftelmilk, which had pertained to Matthew Earl of Lennox, and had been 
forfeited by the procefs of treafon led again ft him. 

And further there is in the Public Records, Book xxxl. No. 68. a charter dated 15th 
April 1550, by which the lands of Caftelmilk were granted to the faid John Johnfton 
de eodem ; and the charter recites, that they had formerly belonged to Matthew 
Earl of Lennox, and had devolved to the Crown by his forfeiture. Upon which 
charter the faid John Johnfton was infeft on the 28th of April 1550. 

The fentence of forfeiture againft Matthew Earl of Lennox was refcinded in the 
year 1564; which probably had the efFedl of annulling the faid grant to John 

Johnfton 



I ^ss 1 : 

Proofs concerning Esme Stuart Earl of Lennox, Son of 
John Lord d'Aubigny, the youngeft Brother of Matthew 
fourth Earl of Lennox. 

In confequence of the arrangement before-mentioned made be- 
tween King James VL and Robert Stuart Earl of Lennox, Efme t 
Stuart, who had been educated in France, was fent for by King 
James. And having arrived in Scotland in the year 1579, he was 
moft gracioufly received by his Sovereign, who conferred upon 
him many honors and grants of Lands, and particularly the lands 
compofnig the earldom of Lennox. 

In the Records of the Privy Council of Scotland kept in the 
Jufticiary Office at Edinburgh, there is the following entry refpeft- 
ing the Earldom of Lennox, and the eredlion of it into a Dukedom, 

" Apud Dalkeith qinto die menfis Augufti, anno DmT j" v" lxxxi°. 

" The King's Majeftie, calling to remembrance how the erl- 
" dome of Lennox, lordfchip of Derneley, and barony of Torbolton, 
♦' (being the ancient heritage of the Erles of Lennox of quhom 
" his Majeftie is defcendit,) fucceedit unto his hienes, be the death of 
" umqll the King, his hienes deareft father, and of his Majeftie's 
" guidfyr Matthew Erie of Lennox, Regent to his hienes, his 



Johnfton of Johnfton, and of reftoring to Matthew Earl of Lennox and his family 
the Superiority of the ]ands of Caltelmilk, 

Thus the uniform and continued pradlice of the Derneley and Lennox family to 
make up their titles to the lands of Caftelmilk in Annandale, or at lead to the Supe- 
riority thereof, has been traced through all the fucceffive Generations from the firft 
Sir jolin Stuart of Derneley, who died in 1429, to the death of Matthew fourth 
Earl of Lennox in 157 1 ; and King James VL as grandfon of that Earl of Lennox, 
fucceeded to the Superiority of the lands of Caftelmilk, as well as to the other 
eftates which had belonged to his grandfather. 

4 " reahiie. 



ESME STUART, FIRST DUKE OF LENNOX. 

" realme, and lieges for the tyme, and after difpofition maid be 
I " his hienes of new of the faides erldome, lordfchip, and barony, 
" to his Majeftie's father's brother Charles likewyfe Erll of Lennox, 
" throw default of airis maill in his perfon ; and be virtew of his 
" Majeftie's revocation, the fame erldome, lordfchip, and barony, 
" returning again to his hienes, his deareft and oraly great uncle 
" Robert ErI of March, (quha wes alfuo infeft in the faides erldome, 
" lordfchip, and barony,) zielding his place, his Majejlic having Jfill 
" cvic earnejl defirc of thejlanding of the faid hous of Lennox in the 
" P°IfdF°"^^ 9f ^^^ '^^'■"'^ coii/ifiges jnaill of the fame hous and blude ; 
" thairfore gaif and difponit heretable to his deareft coufmge Efme 
" Erll of Lennox, Lord Derneley, Aubigny, and Dalkeith, Great 
" Chamberlain of this realme, and his airis, the faid erldome of 
" Lennox, lordfchip of Derneley, lind barony of Torbolton, with 
" the honours, richts, and privileges perteining theirto, quha movit 
" of great and fmgular affedion towai-d his Majeftie, come furth 
" of the realme of France, his native countrie, to ferve and attend 
" upon his Majeftie, and to brouke the title and cccupie the hous 
" and leiving quhairof he is defcendit, and quhairunto it hes pleifit his 
" Majeftie to advance and promouve him, having fparit na panes, per- 
" lilies, nor charges in that qlk micht further his Majeftie's audie and 
" fervice, and now his Majeftie having zet a defire to favour and 
* advance the hous quhairof his Majeftie on the part of his faid 
" deareft father is defcendit for the memorie of his noble and 
" worthie progenitors of the ftok and familie, and for the guide 
" and worthie deferving of the faid pnt Erll of Lennox his deareft 
" coufmg towards his Majeftie, and for utheris reafonabile caufles 
" and confiderationes moving his hienes thairto, hes thairfore maid, 
" creat, eredt, and incorporat the faid erldome of Lennox in ane 
" haill and fre dukerie, to be callit the Dukerie of Lennox in tyme 
" cuming ; and the faid lordfchip of Derneley in ane haill and fre 
■ ' -" ■ ' " erldome. 



ESME STUART, FIRST DUKE OF LENNOX. 257 

" erldome, to be called the Erldome of Derneley in tyme cumlng; p a R t 
" and the faid barony of Torbolton in ane haill and fre lordfhip, 



" to be callit the Lordfchip of Torbolton in tyme cuining, without 
" prejudice of the union, annexation, and utheris privileges grantet 
" in the infeftment maid thairupon of befoir ; and als hes maid, 
" conftitute, remit, and ordainit in tyme cuming, his faid deareft 
" coufuig Efme Duke of Lennox, Erll of Derneley, Lord of Au- 
«' bignie, Torbolton, and Dalkeith, with all honours, dignities, 
*♦ richts, rents, privileges, profits, commodities, and dewties bclangand 
" thairto, to be broukit, jouifit, ufit, occupit, and poffefst be him, 
" ficklike and als freliee in all refpeds and conditions as ony 
*' utheris hes broukit the title, richt, and pofleffioun of quhatfumevir 
" dukerie, erldome, lordfchip, or baronic within this realme in 
" tymebygane; and that Ires be dired: to make publication heirof 
« be opin procalmatioun at the Mercat Croce of Edinburgh, and 
« utheris places neidful, charging all and fundrie Erlls, Lordes, 
« Barones, and utheris his Heines "fubjeas, to acknowledge and 
" reverence his faid deareft coufmg according to the ftile, place, 
« and titles befoir fpecifit, ordaining him to be inveftit yairin with 
« all folempnities requifite." 

From the recital in the above deed It appears that, prior to the 5th 
Auguft 1581, the King had difponed heretably to his coufm Efme 
Stuart, Earl of Lennox, Lord Derneley, Aubigny, and Dalkeith, and 
his heirs, the earldom of Lennox, lordfliip of Derneley, and barony 
of Torbolton, with the honours, rights, and privileges pertaining 
thereto. 

That firft grant of the earldom of Leimox to Efme Stuart re- 
mains yet to be dilcovered. 

It feems moft probable that the deftlnation muft have been in 

favor of heirs male ; for though in the narrative of the above paper 

L L it 



ESME STUART, FIRST DUKE OF LENNOX. 

it is faid that the King had given and difponed the earldom of 
J Lennox and lordfhip of Derneley, &c. to Efme Earl of Lennox and 
bis beirs^ yet this phrafe muft have implied heirs male, for in the 
fentence immediately preceding, the King had exprelTed his mo- 
tive for the grant in thefe words : " An earneil defire of the (landing 
" of the Houfe of Lennox in the pofleffion of his next coufms male 
" of the fame houfe and blood." 

In the eredlion of the lands into a dukedom, and in the pro- 
motion of Efme Earl of Lennox to the rank of Duke, it is not 
fpecified to what heirs the dukedom was to go ; but certainly 
it was not intended to limit it to Efiie Duke of Lennox per- 
fonally : therefore the deftination of the peerage of dukedom muft 
be gathered from the deftination of the lands compofmg that 
dukedom. 

In the minutes of what pafled in the year 1 606, when the titles 
of various Scots peerages were produced to the Commiffioners ap- 
pointed by King James VI. to fettle the precedency of the Scots 
Peers, there is an article in thefe words : 

" Duck Lennox." 

" The 29th Odober 158 1, Ihone (by miftake, in place of Efme) 
" Stewart ves firft created Knight of Creuxftone, then Lord Aublgni, 
" Lord of Torboltoune, Lord of Dalkeith, Lord of Aberdour, and 
" Baronne Banneret, Lord of our Sovereign Lords Parliament, 
" Earl of Darnly, and Duck of Lennox, and Great Chamberlain 
" of Scotland." 

In the decree of ranking of the Scotch nobility, the Com- 
mlflioners appointed to regulate the precedency of the Peers, 
gave their judgment that the firft place belonged to the Duke of 
Lennox. 

There are in the Public Records in Scotland the three following 
charters from the Crown in favor of Efme Stuart, the two firft of 

which 



ESME STUART, FIRST DUKE OF LENNOX, 
u-lilch are granted to him while Earl of Lennox, before t;he earl- i 
dom had been ere£ted or converted into a dukedom *. l- 

Charter, dated 31ft December 1580, in favor of Efme Earl of 
Lennox, of the dominical lands of Inchennan, Letter, Rowilbeg, 
and StuckendafF, the fiQiings of Ballock, £cc. in the counties of 
Renfrew and Dumbarton, Book v. No. 308. 

The above charter is granted to Efme Earl of Lennox, " ha^re- 
" dibus fuis et affignates j" and proceeds on the refignation of James 

* In the Books of Privy Council of Scotland, now kept in the office of the Court 
of Judiciary at Edinburgh, there is " an inventory of the writs and evidents received 
«' by my Lord d'Aubigny from my Lady Levenox, (wife of Robert Earl of Lennox,) 
« at Holyrood-houfe, the 8th day of January 1579-80, in prefence of my Lords 
«« Ochiltree, my Lord of Newbottle, Mr. Robert and Mr. David M'Gill." 

There are three pages of this inventory inferted i:i the Books of Council, and 
on the third page there is the following receipt by Efme Stuart, Lord d'Aubigny, 
in the French language, whence it is prefumable that the Engliih or Scottifti lan- 
guage was not familiar to him : 

« Je reconnais avoir regu par les mains de Madame de Lennox, tous les papiers 
«< contenus en ce prefent inventaire, en teftimoyne de quoi je figne la prcfente de 
" ma main en I'Abbaye de Holyrood-houfe, le xii"« jour du mois de Janvier 1579. 

" EsME Stuart." 
After which follows a difcharge by King James VI. in thefe words : 
" Wfi by the tenour hereof, with advice and confent of our Secret Council, grant 

*' us to have received from our right trufty Dame Elizabeth Stuart, Countefs 

«« of Lennox, for herfelf, and in name and behoof of our deareft and only grand-uncle 
«• Robert Earl of Lennox, Lord Derneley, her fpoufe, the reverfions, writs, and 
« other evidents before written, which were delivered by her at our command, to 
" our right trufty coufm Efme Stuart, Lord Obigny, concerning the livery and lord- 
«« fhips of the earldom of Lennox and other lands pertaining thereto, as the fame are 
«< mentioned and written in the inventary before written, and therefore we difcharge, 
" &c. and ordain thefe prefents to be regiftrated in the books of our Secret Connci) 
" ad perpetuum rei memoriam by thefe prefents, fubfcribed with our hand at th» 
«< Palace of Holyrood-houfe, the 8th day of February 1579." 

The writing fpecified in the inventory are moftly reverfions of parts of the lordfliip 
of Lennox. 

The two lad articles in it are, 

" An inventary betwixt my Lord of Lennox and the Lord Cathcart. 

« Another inventary of writs pertaining to my Lord of Lennox." 

L L 2 Stuart 



g^Q ESME STUART, FIRST DUKE OF LENNOX. 

PART Sttiart of Cardonald, who had apprifed thefe lands from Matthew 

« »-l— J Earl of Lennox, and thereupon had obtained from the Crown a 

charter of confirmation of his right. 

Charter to Efme Earlof Lennox, dated 5th June 158 1, of the 
lordlhip and regality of Dalkeith, &c. united of new into a lordflup 
• and regality. Book xxxv. No. 134. 

Charter, dated 13th December 158 1, (Book xxxv. No. 508.) in 
favour of Efme Duke of Lennox, of the earldom and lordfl:iip of 
Lennox, &c. lordfliip and regality of Dalkeith, Aberdour, &c. united 
into the dukedom of Lennox, in the counties of Dumbarton, Ren- 
frew, Air, Bathgate, Linlithgow, Stirling, Edinburgh, Haddington, 
Fife, Berwick, and Perth. 

By the terms of the laft-mentloned charter, the lands were 
granted to be held of his Majefty and his fuccefTors in fee and 
heretage for ever, by Efme Duke of Lennox, Earl Darnley, Lord 
Torboltoun, and Aubigny, and the heirs male of his body ; whom 
failing, to return to his Majefty and his fucceffors. 

Efme, the firft Duke of Lennox, harafled by the fadllons which 
at that time prevailed in Scotland, returned to France in the year 
158 1 or 1582, and died at Paris on the 26th May 1583. 

He married Katherine Balfac, daughter of Balfac Seigneur d'An- 
tragues in France, and by her had two fons : 

1. LuDOVic, who fucceeded him, and was fecond Duke of 
Lennox. 

2. EsME, Lord d' Aubigny, afterwards Duke of Lennox. 

He left alfo two daughters, Lady Henrietta, married to George firft 
Marquis of Huntley ; and Lady Mary, fecond wife to John Earl of 
Marr, Lord High Treafurer of Scotland in the reign of James VL 



■ ' ^■:' ■' ' [ 261 ] '^' ■■'-" 

Proofs concerning Ludovic, fecond Duke of Lennox, eldefl 
Son of EsM£ Stuart the firft Duke. c 

Soon after the death of the firft Duke of Lennox at Paris in the 
year 1583, his eldcft fon Ludovic was brought over from France 
by order of King James, who gave to him all the eftates and honors 
which had formerly been granted to his father, with feveral ad- 
ditions and enlargements ; particularly there is in the Public Records 
a royal charter under the Great Seal, dated the laft day of July 
1583, by which his Majefty granted to Ludovic Duke of Lennox,, 
fon of the deceafed Efme Duke of Lennox, the earldom of Lennox,, 
which had been erected into a dukedom, and various other lands 
which had been contained in the former grants to his father. But 
there is this material difference between the one and the other ; that 
in the charter 158 1, granted to Efme Duke of Lennox, the grant 
was limited to him, and to the heirs male of his body; whom failing,, 
to return to his Majefty. But in the charter 1583, in favor of Lu- 
dovic Duke of Lennox, there is no fuch limitation or claufe of re- 
verfion ; on the contrary, the grant is declared to be in favor of 
tiudovic Duke of Lennox and his heirs male -whatfoever ; the words- 
are, " Ludovico Duci de Lennox et hceredibus fuis mafcuUs qiiibiifcun~ 
" qiie.''^ It will hereafter be fhewn, that it was in virtue of this ex-- 
tended grant, that King Charles II. in the year 1680 claimed, and was 
entitled to the dukedom of Lennox as the nearejl collateral heir riiahy. 
though not lineally defcended from any of the Dukes of Lennox. 

In the Charter-room at Hamilton, amongft the papers of No. 124 
of James M'Kenzie's inventory, there is a precept from the 
Chancery, dated 9th April 1585, for infefting Ludovic Duke of 
Lennox in certain lands in the barony of Avendale which held of 
the Lord Avendale. This precept recites not only the King's re- 
Jationfhip to the family of Lennox, but likewife his anxious defire 
13 10 



LITDOVIC, SECOND DUKE OF LENNOX. 

to keep up that family, and to preferve the fucceflioa to heirs male 
, whatfoever ; for the grant is to Ludovic Duke of Lennox, and the 
heirs male of his body ; •whot7ifaiUtig^ to his heirs male whatfoever. 

Iliere are in the Public Records of Scotland many other charters 
and grants in favor of Ludovic Duke of Lennox, and many proofs 
both in England and in Scotland of the eftimation in which he was 
held, and of the high fituations he enjoyed in both cointries. 

He was Great Chamberlain and High Admiral of Scotland. 

In 1 60 1 he was fent ambaffador to France. 

In the year 1607, he reprefented his Majefty as Commiffioner to 
the Parliament in Scotland. 

After King James's acceflion to the crown of England, he was 
created Earl of Richmond in 16 14; and was afterwards, in the 
year 1623, created Earl of Newcaftle and Duke of Richmon din 
England ; where he was likewife mafter of the houfehold, and firft 
gentleman of the bed-chamber, and was one of the knights com- 
panions of the Order of the Garter *. 

The various charters granted by King James VI. in relation to 
the earldom or dukedom of Lennox, beginning with that granted 
to his uncle Charles Stuart in 1572, and ending with that granted 
to his coufm Ludovic Stuart in 158^, and particularly thofe claufes 

* Sir Robert Gordon of Gordonftoun, who was cotemporary with this Ludovic 
Duke of Lennox, and aflifted at his funeral, has given a particular account of the 
Lennox family in his manufcript hiftory of the family of Sutherland ; where he men- 
tions, that when King James went to Denmark in 1589, he not only appointed Ludo- 
vic Duke of Leitnox viceroy of Scotland during his abfence, but alfo named him heir 
to the crown of Scotland in cafe he himfelf had died in that voyage, as being then the 
next lawful heir to the crown. 

Ib Granger's Biographical Hiftory of England, vol. i. p. 327, it is mentioned, that 
Ludovic Duke of Lennox had a great (hare of King James's confidence and efteem, 
which he merited as a man of an excellent charafter. Granger alfo mentions that 
there are in England three original capital pictures of this Duke ; to wit, one by Ru- 
bens at the Earl of Pomfret's at Eafton ; one at Gorhambury -, but fays the moft confi- 
dsrable is the excellent whole-length of him by Van Somer at Petworth. 



LUDOVIC, SECOND DUKE OF LENNOX. 

in the preamble of the charters which fpecify the motives and in- 
tention of the grant : all thefe taken together, ftrongly teftlfy an v. 
earneft defire on the part of his Majefty, not only that the eftates and 
honors of the Lennox family fliould not be abforbed in, or confounded 
with the rights of the crown, but further, that the reprefenta- 
tion of that family in the male line fhould be kept up and fupported, 
while there exifted any collateral male heirs of the name and blood 
of the Stuarts of Derneley and Lennox. In this refpe<St the inten- 
tions of King James VL appear to have been precifely the fame 
with thofe of his anceftor King Robert IL who in the year 1357, 
and in the year 1361, while High Stewart of Scotland, before his 
acceffion to the crown, granted the lands of the Derneley eftate to 
the Stuarts of Derneley, with an exprefs declaration that thefe lands 
ftiould belong to and remain with the heirs male in all time there- 
after, while there could be found an heir male of the name and 
blood of that family. 

Ludovic Duke of Lennox, having had moft extenfive poffeflions 
In Scotland, it was neceflary for him to commit the management of 
his affairs in that country to certain commiffioners in whom he 
could place confidence. Accordingly he executed a commiffion,. 
dated 28th July 1604, recorded in the Books of Seflion the 17th 
of February 1606, by which he committed the management of all 
his eftates in Scotland to certain commiflioners, moft of whom were 
relations of the family. — One of the commiflioners thus named was 
Archibald Stuart of Caflelmilk ; the other commiflioners thereby 
named were Hugh Lord Loudoun, Walter Stuart commendator of 
Blantyre, Sir William Stuart of Traquair, Sir Matthew Stuart of 
Minto, &c. 



Thk 



264 



LUDOVIC, SECOND DUKE OF LENNOX. 

This Ludovic, fecond Duke of Lennox, was thrice married : 

i firft, to Sophia daughter of William Earl of Gourie ; fecondly, to 

Jean, daughter of Sir Matthew Campbell of Loudoun ; and laftly, 

to Frances daughter of Thomas Vifcount of Bindon, Countefs of 

Hartford ; b\jt left no children of any of his marriages *. 

* Amongfl: the papers m the charter-cheff of the deceafed Sir John Stuart of 
Caftelmilk, there was found feme years ago, an original warrant dated in the year 
1611, and fuperfcribed by his Majefty King James VI., ordering a charter to be 
pafled under his great feal in due form, in favor of Ludovic Duke of Lennox, of the 
lands of Cajelmilk in Annaniale ; which warrant proceeds on the following recital : 

" That his Majefty remembering that the haill erldome of Lennox, and all utheris 
" landis whatever pertenlt to the tries of Lennox, his Henes father and g''''father, and 
" yair predeceflbr, fell and pertcnit to \\\iy\.-&]&K\c jure fajngtiinh ; and that his Henes, 
«' for the advancement of his richt treift and weilbelivit counfular Ludovick Duke of 
" Lennox, Erie Dernelie, Lord Torbolton, Methven, and Obigny, &c. and to gif him 
«« the better cccafion to waite upon his Majeftie, gaif and difponit of befoir to the 
" faid Ludovic Duke of Lennox, his hiris maill and affigneys, the faid haill erldora of 
<< Lennox, with all landis, caftellis, tours, and fortalices perteining y'to ; and now 
' «' his Majeftie perfytlie underftanding and being credablie informit, that his prede- 
« ceflbrs, Erls of Lennox for the tyme, had perteining to thaime heretablie all and 
« haill the Twa-'part of the landis and lordjhlp of Cajlehnilk, extending to Fourty Merk 
" Land of anld extent, and all and liaill the Ten Merk Land of Brumell of auld ex- 
«' tent, togethir with the fuperiorities of the famyn landis and yair pertinentis lyand 
" in the lordlhip of Annandaill, within the (herifFdome of Dumfries ; and his Henes 
" however [/wi] being willin to hurt or prejudge the faid Ludovic Duke of Lennox 
<« of the faid landis and fuperiority with their pertinentis, nor of any utheris landis 
«« qulks pertenit of befoir to any of his predicelTores, Erls of Lennox for the tyme, 
" but rather to provide him theirto : Thairfor, and for the guid, trew, and thankful 
" fervice done to his Henes be the faid Ludovic Duke of Lennox, and for diveris 
" utheris greit refpe£lis and gude confiderationes moving his Majtftie, his Heines, 
«' with advice aforefaid, gevin, grantit, fet, and to few-farm Ictten, and be the tenoir 
"■ hereof gevis, grantis, fettis, and to few-farm lettis to the faid Ludovic Duke of 
" Lennox, his airis maill and afhgneyes q'fumever heretablie, all and haill the faid 
'<■ Tiva-pairt of the f aids landis and lordfiip of Cajelmilk extending to Fourty Merk Land 
'<■ of auld extent, and als all and haill the faid Ten Merk Land of auld extent of Brumell^ 
•« with the fuperiorities of the fame landis, and with the milne thereof, n.ilne landis, 
«' multures, and fequels of the famyn, togither with all and fundrie manour-places, 
«' houfes, biggings, &c. and all their pertinentis, lyand as faid is ; togidder with all 

" licht, 



LUDOVIC, SECOND DUKE OF LENNOX. 

He died upon the i6th of February 1623-4,111 the 50th year of his 
age, and was buried in King Henry the Vllth's Chapel in Weftminfter , 
Abbey, where a fumptuous monument was ereded to his memory, 
with an infcription mentioning his titles and the high offices he 
held. 



" richt, tytill, entres, claime of richt, alfwell petitor as pofleflbr, qulkes his Heines, 
** his predeceffores or fucceflbres, had, hes, or any waies may claime, haif, or pretend 
*' thairto, or to any pairt thairof, or to the maills, fermes, profiles, or dewties of the 
** famyn, of q'fumever zeirs or termes bypaft or to cum, by reifon of waird, relief, non- 
" entres, efcheit, forfaltor, recognition, purprifone, difclamation, baftardy, redudions 
" of infeftmentis, leiflings, or retouris, alienation of all or mair parties, or by virtue 
*' of q'fumever a£ts of parliament annexand the faid landis to his Heines proppertie 
*' utheris aftis, lawis, or conftitution of this realme, or throw non-confirmation of 
« auld infeftments theirof, or for any uther fault, impediment, or imperfedion of the 
" fame, or by reafon of the annulling, expiring, or forefalting thairof, or for non-pay- 
" ment of the few duties contenit therein in dew time, or for diminution of the 
« rental, or by any uther law, or for q'fumever uther caufe, adlion, or occafion by- 
*' gone preceding the date heirof," &c. " With fpecial and full power to the faid Lu- 
" dovic Duke of Lennox, and his forefaids, to bruke and joyfe all and fundrle the fore- 
*' faids landis and mylne with yair pertinentis, by vertew of this prefent infeftment, in ' 
" all tyme coming, notwithftanding q'famever prorie, infeftment, or other richt 
*' tytill, or fecuritie maid to any uther perfon or perfones of the famen of before," Sec 
— To be holden by the faid Ludovic Duke of Lennox in few farm for ever, «' Gevancf 
*' thairfoir zeirlie, the faid Ludovic Duke of Lennox, his airis majll and afligneyes 
*' forefaids, to our faid Soueraine Lord and his fucceflbrs, their comptrollcris, cham- 
" berlanis, and fadoris in their names pelent, and that fall happin to be for the 
" time, for the faid Twa-pairt of the faids landis and lordfliip of Caftelmilk, the 
" fowme of twentle-nyne pundis fix (hillings aucht pennies ufual monie of Scotland; 
*' and for the faids landis of Brumell with the pertinentis, the fowme of feven pundis 
*' fix {hillings aucht; pennies, and for the auld dewtie contenit in the rentallis of the 
" fame, ufit and wont to be payit thairfoir of befoir ; togitther with the fervice of fex 
" {hillings aucht pennies money forefaid zeirlie, in augmentation of the rental, mair 
•' nor evir the faids landis payit of befoir, extending in the haill to the fum of thretty- 
" fevin pundis money forefaid, at two termes in the zeir, Wyfunday and Martymas in 
" winter, be equal portions, in name of few farme ; and als the heiris and fuccefTores 
♦' of the faid Ludovic Duke of Lennox doubland the faid few farme the firft zeir of 
" their entrie to the faid landis, as ufe is of few ferme allenarlie." 

Li a preceding Part of this Genealogical Hiftory, Part V. N°XIL it was mentioned, 

that upon the 25th of February 161 1, a receipt and declaration was granted by Sir 

Matthew Stuart of Miuto, wherein he acknowledged that he had by the command of 

MM the 



[ 266 1 



Proofs concerning Esme Stuart, Lord of Aublgny, third. 
Duke of Lennox. 

Efme Stu.r.rt, fecond fon of Efme the firfl Dulce of Lennox, fuc- 
-'ceeded to his brother Ludovic Duke of Lennox in the year 1623-4, 
upon his death without iflue male. 

It appears by the books kept at the Chambre des Comptes at 
Paris, that Efme Stuart had been receiA^ed in France as proprietor 
of the lands of Aubigny, and had performed foj and hommage for 
that Seigneurie upon the 8th of April 1 600. 

There are no charters in the Public Records in Scotland in favor 
of this Efme third Duke of Lennox ; whence it is prefumed, that he 
made up his titles to the various eftates in Scotland which had be- 
longed to his brother, by fpecial fervice and retour, as neareft and 
lawful heir to him. 

This Efme third Duke of Lennox had conftantly and faith- 
fully followed the fortunes of Henry IV. of France in his greateft 
troubles. 

He came to Scotland in the year 1601 ; and in the year 1619 
was created Earl of March and Lord Leighton in England. 



the Lord Blantyre, one of the Commiflioners of Ludovic Duke of Lennox, received 
out of a bundle of the Lennox Papers an inftrument of fafine, dated loth May 1496, in 
favor of Matthews Earl of Lennox, as heir to his father John Earl of Lennox in the 
Forty Merk Lands of Caftelmilk, and in the Ten Merk Lands of Brumell, proceeding 
on a precept under the Great Seal, dated 1495. 

The purpofe for which that infeftment in favor of Matthew Earl of Lennox in the 
lands of Caftelmilk had been borrowed up out of the Lennox Papers, on the 25th of 
February 161 1, by Sir Matthew Stuart of Minto, by the order of Lord Blantyre, both 
of them CommifBoners of Ludovic Duke of Lennox, is fufficiently evident by the above- 
recited warrant in favor of that Duke of Lennox in 1611. It was for proving the fa£l fet 
forth ni the warrant, that the fuperiority of the lands of Caftelmilk and Brumell had 
belonged to the Lennox family, and to affift in the framing the new grant of the lands 
of Caftelmilk propofed to be given at this time to Ludovic Duke of Lennox. 

Upon 



ESME STUART, THIRD DUKE OF LENNOX. 267 

Upon his brother's death in February 1623-4, he fucceeded to part 

his titles of dignity in Scotland, but the dukedom of Richmond in i>. — -J 

England reverted to the crown. 

This Efme Duke of Lennox was, foon after his brother's death, 
made Knight of the Garter with great folemnity at Windfor ; and 
it was remarked to be the firft inftance of the next heir of any 
Knight of the Garter immediately fucceeding to his predeceffor in 
that high honor. 



He married Lady Katherine Clifton, the only daughter and heir 
of Gervaife Lord Clifton of Bromfwald, by whom he had feven fons 
and three daughters. 

The daughters were, i. Elizabeth, married to Thomas Howard, 
Earl of Arundel. 2. Anne, married to Archibald Lord Angus, fon 
and heir of William firft Marquis of Douglas. 3. Frances, married 
to Jerome Weftern, Earl of Portland. 

With regard to the feven fons, an account will be given of 
them in the next Article, under the title of the Seventeeth Gene- 
ration. 

This Efme third Duke of Lennox did not long furvive his 
brother Ludovic, having died in the fame year at Kerby, upon the 
30th of July 1624, and was buried in Weftminfter Abbey the 6th 
of Auguft, near to Mary Queen of Scotland, and Margaret Countefs 
of Lennox *. 

* The particulars relating to Efme third Duke of Lennox are taken from the 
account of the Lennox family given by Sir Robert Gordon of Gordonftoun in his 
manufcript hiftory of the family. 



[ 268 ] 



SEVENTEENTH GENERATION. 

I. JAMES, fourth Duke of Lennox, and alfo Duke of 
Richmond, eldeft Son of the third Duke of Lennox. 

2.3. Lord HENRY and Lord FRANCIS, fecond and 
third Sons, both died young. 

4. Lord GEORGE, Lord d' Aubigny, fourth Son. 

5. Lord JOHN STUART, fifth Son. 

6. Lord BERNARD STUART, fixth Son. 

7. Lord LUDOVIC STUART, feventh Son. 

PROOFS concerning JAMES, fourth Duke of Lennox, the 
eldeft Son. 

TAMES Stuart, the fourth Duke of Lennox, was only twelve 
J *^ years and three months old at the time of his father's death in 
1624. King James VI. as being the neareft heir male of the 
family then of age, became by the laws of Scotland his tutor and 
guardian. He appointed commiflioners for the management of his 
eftates in Scotland, and took a particular charge of his education *. 

He 

* There are in the Public Records in Scotland the following charters in favor of 
this James fourth Duke of Lennox, viz. 

Charter, dated 7th March 1628, Book lii. No. 108, of the barony of Kilmaronock 
in Dumbartonflilre. 

Charter, dated ift April 1629, Book lii. No. 149, of the office of bailliery and 
jufticiary of the lordfliip, barony, and regality of Glafgow. 

Charter, dated i8th April 1629, Book lii. No. 193, of the lands of Blairghan in 
Dumbaitonlhirei 

Charter, 



JAMES, FOURTH DUKE OF LENNOX. ^^ 

He was firft fent to the Unlverfity of Cambridge for his edu- part 
cation ; feveral confiderable penfions were granted by King James ,_, - _' _j 
to him, and to his mother the Duchefs of Lennox, which were ^' ^^^^' 
confirmed by King Charles I. 

By the particular directions of his Majefty, this young Duke of 
Lennox travelled abroad in France, Spain, and Italy ; and while in 
Spain he had the honor of being created one of the grandees of 
that kingdom. 

In England he was at an early period made a Privy Counfelloi', 
Lord Warden of the Cinque Ports, and Matter of the Houfehold *. 

He was alfo made Knight of the Garter, being the third of that 
family in fucceflion who had the honor of that knighthood. 

On his return from his travels, the heritable offices belonging to 
the family were conferred upon him. 

During the civil wars in the time of King Charles I. He ad- i 

hered to the King's intereft fo very firmly, that' he was particularly 
purfued by the other party with great acrimony. 

Frequent mention is made of this James Duke of Lennox and 
Richmond by Lord Clarendon in his Hiftory of the Rebellion ; and 
from the manner in which his Lord(hip always fpeaks of him, it 



Charter, dated 2d Auguft 1642, Book Ivii. No, 103, of the patronage of the churclx 
of Inchennan, &c. in Renfrewfhire. 

Charter, dated , Book i. fol. 47, of the regifter kept in Chancery 

for the years from 1646 to 165 1, of the advocation of the parifti church of Kilmaro- 
nock. 

Charter, dated loth December 1647, Book Iviii. No. 136, of the advocation of the 
church of Kilmaronock. 

* The particulars concerning this James fourth Duke of Lennox are chiefly taken 
from the MS. hiftory before-mentioned by Sir Robert Gordon of Gordonftoun, who 
was one of the Commiflloners appointed both by King James VI. and by King 
Charles L for managing the ellates of James Duke of Lennox in Scotland. 




JAMES, FOURTH DUKE OF LENNOX. 

13 evident that he had the higheft efteem of his charader and con- 
duct. 

The firft mention of the Duke of Lennox by Lord Clarendon, is 
in the account he gives of what pafled when King Charles was in 
Scotland in the year 1639, and while he remained with his army on 
the borders ; where it is ftated that the Scotch covenanters had from 
the beginning pradtifed a new fturdy ftyle of addrefs, in which, 
under the licence of accufing the counfel and carriage of others, 
whom yet they never named, they bitterly and infolently reproach- 
ed the moft immediate adlions and diredions of his Majefly him- 
felf ; and then made the greateft profeffions of duty to his Ma- 
jefty's perfon that could be invented. Lord Clarendon then ob- 
ferves : " The King had not at that time one perfon about him of 
*' his council who had the leaft confideration of his own honour, or 
*' friendfhip for thofe who fat at the helm of affairs, the Duke of 
*' Lennox only excepted ; who was a young man of fmall ex- 
*' perience in affairs, though a man of great honor and very good 
*' parts, and under the difadvantage of being looked upon as a 
*' Scotfman ; which he was not in his a£lions at all, being born in 
" England of an Englifh mother, and having had his education 
" there ; and had indeed the manners and affedtions of an Englifh- 
" man, and a duty and reverence for the King and church accord- 
" ingly ; and would never trufl himfelf in thole intrigues as too 
" myfterious for him." Lord Clarendon's Hiftory, v. i. p. 97. 

P. 215. Talking of the Commilfioners who had treated with the 
Scotch, Lord Clarendon remarks, that their defign was " to remove 
" the Duke of Richmond from the King ; both becaufe they had a 
*' mind to have the office of Warden of the Cinque Ports from him, 
*' that it might be conferred on the Earl of Warwick ; and as he 
" was almoft the only man of great quality and confideration 
*' about the King, who did not in the leafl degree floop or make 
'' court to them, but croflfed them boldly in the Houfe ; and all 

" other 



JAMES, FOURTH DUKE OF LENNOX. 

" Other ways purfued his mafter's fervice with his utmoft vigour 
" and inteatnefs of mind ; they could not charge him with any c 
" thing like a crime, and therefore only intended by fome vote to 
** brand him, and make him odious ; by which they prefumed they 
*' ihould at laft make him willing to ranfom himfelf by quitting 
*' that office, for which there was fome underhand treaty, by per- 
" fons who were folicitous to prevent farther incoveniences, and as 
*' they found any thing like to fucceed in that, they flackened or 
" advanced their difcourfe of evil counfellors." 

P. 243. " By this time the King was as weary of Scotland, as he 
" had been impatient to go thither ; finding all things propofed to 
" him as to a vanquiflied perfon, v^^ithout confideration of his honor 
" or his intereft j and having not one counfellor about him but the 
*' Duke of Lennox, (who from the beginning carried himfelf by the 
*' moft ftri<St rules of honor, gratitude, and fidelity to him,) and 
*' very few followers, who had either afFedtion for his perfon or 
** refpedt for his honor." 

In vol. ii. p. 151. Lord Clarendon gives the following charader 
of the Duke of Richmond : 

" The Duke of Lennox and Richmond, as he was of the noblefl 
*• extra£lion, being neareft allied to the King's perfon of any man 
" who was not defcended from King James ; fo he was very worthy of 
*• all the grace and favor the King had fhewn him ; who had taken 
*• great care of his education, and fent him into France, Italy, and 
*' Spain, where he was created a grandee of that kingdom ; and as 
" foon as he returned, though he was fcarce one-and-twenty years 
" of age, made him a privy counfellor ; and fhortly after, out of his 
" abundant kindnefs to both families, married him to the fole 
** daughter of his dead favourite, the Duke of Buckingham, with 
*' whom he received twenty thoufand pounds in portion ; and his 
" Majefty's bounty was likewife very great to him : fo that, as he 
" was very eminent in his title, he was at great eafe in his fortune. 
6 "He 




JAMES, FOURTH DUKE OF LENNOX. 

He was a man of very good parts, and an excellent underftand- 
ing ; yet, which is no common infirmity, fo diffident of himfelf, 
that he was fometimes led by men who judged much worfe. He 
«' was of a great and haughty fpirit, and fo pundual in point of 
" honor, that he never fwerved a tittle. He had fo entire a refigna- 
*' tion of himfelf to the King, that he abhorred all artifices to 
" fhelter himfelf from the prejudice of thofe who, how powerful 
*' foever, failed in duty to his Majefty ; and therefore he was pur- 
" fued with all imaginable malice by them, as one that would have 
*' no quarter upon fo infamous terms, as but looking on whilft his 
" mailer v/as ill-ufed. As he had received great bounties from the 
" King, fo he facrificed all he had to his fervice, as foon as his oc- 
" cafions ftood in need of it ; and lent his Majefty at one time 
*' twenty thoufand pounds together ; and as foon as the war began, 
" engaged his three brothers, all gallant gentlemen, in the fervice ; 
*' in which they all loft their lives. Himfelf lived with unfpotted 
*' fidelity, fome years after the murther of his mafter, and was 
*' fuffered to put him into his grave ; and died without the comfort 
" of feeing the refurre£tion of the crown." 

This James Duke of Lennox and Richmond * died on the 30th 
of March 1655, leaving children by his marriage with Lady Mary 
daughter of George Duke of Buckingham, 

I. Efme, who fucceeded him and became fifth Duke of Lennox. 
3. Mary, who married Richard Butler, Earl of Arran in Ireland, 
fon of the Duke of Ormond. 

* In Granger's Biographical Hiftory, vol. ii. p. 1 1 7, he mentions a picture by Van- 
^yck of this James Duke of Lennox, in the pofleffion of Sir Paul Methven, and fays, 
that there is a portrait of him in the gallery at Gorhambury. Granger adds, that this 
James " had the fmcereft afFedlion for the King his mafter, and was one of the 
<=-■ noblemen who offered to fuffer in his (lead. That the whole tenor of his behaviour 
*i to that Prince, and his extreme regret for his death, ftiew that he was much in 
« earneft in offering to be a vicarious vidim for him. He died, as it is fuppofed, of 
f the effefts of grief, the 30 of March 1^55." Ec\\ard, p. 718. 



( 273 ) 
Lord Henry and Lord Francis Stuarts, fecond and third ^ vi'^ ^ 



Sons of EsME the third Duke of Lennox. 
They both of them died young, and left no pofterity. 

Concerning Lord George Stuart, Lord d'Aubigny, the 
fourth Son of Esme the third Duke of Lennox. 

This George Stuart had been received in France as Seigneur of 
the lands of Aubigny, for which lands he performed foy and horn- 
mage to the King of France upon the 5th of Auguft 1636, as ap- 
pears from the Record kept at Paris of the fo'ix and hommages^ 
No. 177. 

George Stuart, Lord Aubigny, was killed at the battle of Keinton 
or Edge-hill on the 23d of Otiober 1642, when fighting in fupport 
of his fovereign. Lord Clarendon, in his Hiftory of the Rebellion, 
mentions the Lord Aubigny, fon to the Duke of Lennox, as one of 
the diftinguifhed perfons killed at that battle, and gives the following 
charadler of him, vol. ii. p. 41. 

" The Lord Aubigny was a gentleman of great hopes, of a 
*' gentle and winning difpofition. He was killed in the lirft charge 
*' with the horfe, where, there being fo little refiftance, gave occa- 
*' fion to fufpe£t that it was done by his own lieutenant, who was 
*' a Dutchman, and had not been fo pun£lual in his duty, but that 
*' he received fome reprehenfion from his captain, which he mur- 
*' mured at. His body was brought off and buried at Chrift Church 
*' in Oxford. His two younger brothers, the Lord John and the Lord 
*' Bernard Stuart, Avere in the fame battle, and were afterwards both 
" killed in the v/ar ; and his only fon is now Duke of Richmond." 

George Lord d'Aubigny married Frances daughter of Theophilus 
Earl of Suffolk, of which marriage there was iffue one fon and one 
daughter, v/ss. 

N N Chark^ 



No XVII. 



274 



LORD GEORGE STUART, FOURTH SON, &c. 

Charles, who, on the death of his coufin Efme fifth Duke of 

I Lennox in the year 1661, became fixth Duke of Lennox, as 

ftated in the next Article under the Eighteenth Generation. 

Katherine Stuart, only daughter of George Lord d'Aubigny, and 

fifter of Charles the fixth Duke of Lennox, married Henry 

Lord O'Brian, fon and heir of the Earl of Thomond, of the 

kingdom of Ireland ; of which marriage there was a daughter, 

Katherine, who married Edward Earl of Clarendon : of that 

marriage there was an only daughter. Lady Theodofia Hyde, 

who, upon the 24th of Auguft 1713, married John Bligh, Efq. 

who by patent, dated 14th September 1721, was created a pee? 

of Ireland, by the title of Baron Clifton of Rathmore, and by 

patent, 7th of March 1722, was created Earl of Dameley in 

the kingdom of Ireland. 

Katherine Countefs of Clarendon above-mentioned, claimed the 

title and dignity of Baronefs Clifton of Leighton Bromfwold, as heif 

to the Lady Katherine Clifton her grand-mother, daughter of Ger- 

vafe Lord Clifton of Leighton Bromfwold, and wife to Efme third 

Duke of Lennox. Her claim to that peerage, which went to heirs 

general, was allowed by the Houfe of Peers in February 1674, 

and the prefent Eai;l of Darneley (in Ireland), as defcended from 

that Lady, enjoys that Englifli peerage of Baron Clifton of Leighton 

Bromfwold, which originally belonged to the wife of Efme Stuart 

the third Duke of Lennox, 



Concerning Lord John Stuart, fifth Son of Esme third 
Duke of Lennox. 

Lord John Stuart, fifth fon of the third Duke of Lennox, was 
general of the horfe in the fervice of King Charles I., and was killed 
at the battle of Alresford in the year 1644, without leaving any 

pofterity. 

: ■ la 



LORD JOHN STUART, FIFTH SON, &c. 



275 



In Granger's Biographical Hiflory, vol. ii. p. 140, there is the part 
following article concerning Lord John Stuart : i_ -.-' _, 

" The Lord John Stuart, fourth fon to the Duke of Richmond, 
*' and elder brother to the Lord Litchfield, was remarkable for 
*' every good and amiable quality by which that nobleman was 
" diftinguilhed, nor was he inferior to him in courage j he rather 
" feems to have been valiant to excefs ; as he with great intrepidity 
*' commanded a body of light horfe up a hill at Cheriton Downs, in 
" order to attack Sir William Waller's army, where he fell into an 
'' ambufcade of the enemy. He had two horfes killed under him, 
" and received fix wounds before he fell. He died amidft feveral 
" hundred of his men, with whofe dead bodies his own was fur- 
" rounded. He lies buried at Chrift Church in Oxford with another 
*' brother, who was killed at Edge-hill. Ob. 29 March 1644.." 

In Lord Clarendon's Hiflory, after giving an account of the battle 
of Alresford, fought on the 29th of March 1644, there is the follow- 
ing paragraph : " On the King's fide, befides common men and 
" many good officers, there fell that day the Lord John Stuart, 
*' brother to the Duke of Richmond, and general of .the horfe of 
" that army." The charafter given by Lord Clarendon of Lord 
John Stuart is in thefe words : " He was a young man of extra- 
" ordinary hope, little more than one-and-twenty years of ao-e, 
" who, being of a more cholerick and rough nature than the other 
" branches of that illuftrious and princely family, was not delighted 
" with the foftnefTes of the Court, but had dedicated himfelf to the ' 
** profeffion of arms, when he did not think the fccne fhonld have 
" been in 'his own country. His courage was fo fignal that day, 
" that too much could not be expedled from it if he had outlived 
" it, and he was fo generality beloved, tliat he could not but be 
'= generally lamented." Vol, ii. p. ^67. 



{ 276 ) 

Concerning Lord Bernard Stuart, fixth Son of Esme 
third Duke of Lennox. 

Lord Bernard Stuart, fixth fon of the third Duke o^f Lennox^ 
was commander of King Charles's troops of guards in the times of 
the civil wars, was created Earl of Litchfield in 1644 or 1645, and 
was killed at the battle of Chefter in the year 1 645. 

In Granger, vol. ii. p. 139, there is the following article con- 
cerning Bernard Stuart, the fixth fon of the Duke of Richmond and 
Lennox : 

" Bernard Stuart, Earl of Lichfield, was the youngeft of the five 
" fons of the Duke of Richmond and Lennox who ferved in the 
*'^ royal army. He commanded the King's troop, which confifted of 
*' one hundred and twenty perfons of rank and fortune, who oa 
*' every occafion exerted themfelves with a generous ardor for their 
*' Sovereign, and were victorious in feveral adtions. He was created 
*' Earl of Lichfield in confideration of his gallant behaviour near 
*' that city. This excellent young nobleman, who was as much 
" efteemed for his virtues in private life, as he was admired for his 
" valor and condud in the field, was killed at the battle of Rowton- 
" heath near Chefter, having firft fecured the retreat of the King, 
" whofe perfon was in great danger. Ob. 26 Sept. 1645 *." 

This Lord Bernard Stuart is frequently mentioned in Lord 
Clarendon's Hiftory. In giving an account of the battle of 
Chefter, his Lordfhip relates that Sir Marmaduke Langdale of the 
King's party, being overpowered by the troops under Pointz^ 
was routed and put to flight, and purfued by Pointz even to the 
walls of Chefter. Lord Clarendon's narrative then proceeds thus : 
*' There the Earl of Litchfield v/ith the King's guard, and the Lord 

* There is a reference in Granger to a piflure of the Lord John and Lord Bernard 
Stuarts by Vandycke, in the colleftion of the late Duke of Kent, which pi£ture is now 
ill the poHeflioa of ti^e Earl of Hardwickc's family. 

" Gerrard 



LORD BERNARD STUART, SIXTH SON, fee. 277 

" Gerrard with the reft of the horfe, were drawn up and charged part 

" Pointz, and forced him to retire ; but-tiie iJiforder of thofe horfe ^ -,- _j 

" which hrft fled had fo filled the narrow ways, which were unfit for ^° '^^^^' 

" horfe to fight in, that at laft the enemies mufqueteers compelled 

" the King's horfe to turn, and to rout one another, and to -overbear 

" their own officers who would have reftrained them. Here fell 

*' many gentlemen and officers of name, with the brave Earl of 

" Litchfield, who was the third brother of that illuftrious family 

" that facrificed their lives in this quarrel. He was a very faultlefs 

*' young man, of a moft gentle, courteous, and affable nature, and of 

" a fpirit and courage invincible ; whofe iofs all men exceedingly 

*' lamented, and the King bore it with extraordinary grief." 

Vol. ii. p. 550. 

There was no Iffue from Lord Bernard Stuart or his brother Lord 
John, as appears from their younger brother Ludovic having fuc- 
ceeded to the lands of Aubigny on their deaths. 

Concerning Lord Ludovic Stuart, feventh Son of Esme 
third Duke of Lennox. 

Lord Ludovic Stuart was Seigneur of Aubigny In France, as ap- 
pears from an authenticated extra£t from the Chambre des Comptes- 
at Paris, certifying that, upon the 20th of November 1656, Ludovic 
Stuart, therein defcribed " Prince du SangRoyale d'Ecoffe. Seigneur 
*' d' Aubigny fur Nerre in the province of Berry," had that day 
performed the foy and hommage liege which he was bound to do^ 
for the lands and Seigneurie of Aubigny. And the inftrument 
bears, that thefe lands had fallen to him by the deceafe of Efme 
Stuart his father, and of Henry, George, John, and Bernard Stuarts, 
his brothers ; which alfo fhews that all thefe brothers had died 
without leaving iflue male. 

Ludovic 



2y8 LORD LUDOVIC STUART, SEVENTH SON, &c. 

p A R T Ludovic was Chanoine of the Eglife de Notre Dame at Paris ; was 
•— ^— « — -Jalfo Abbe' de Hautfontain, and Great Almoner to the Queen of 
England. He was a man of letters, much conneded with the Duke 
of Buckingham, Monf. St. Evremont, and the moft diftinguiftied 
fpirits of that age. St. Evremond frequently mentions him under 
the title of Monf. d'Aubigny, and gives this charader of him : 
" Qu'il avoit beaucoup d'efprit, et encore plus de franchife." 

In the year 1665, he was named "Cardinal by the Court of Rome, 
and died at Paris in the month of November that year, a few hours 
after the arrival of the courier who brought him /a calotte from 
Rome. He was buried in the church of the Chartreux at Paris, 
where the Author, in the year 1789, found out the place of his inter- 
ment in that church, with an infcription ; the firft part of which has 
been effaced by the injury of time, what remains of the infcription 
is in thefe words : 

■ " Britannlse Regis conjugis magno eleemofynario, 

" viro non tarn claris natalibus, quam religione, morum fuavitate, 
" urbanitate, ingenii elegantia, cseterifque animi dotibus, confpicuo. 
" Qui* cum in Cardinalum Collegium mox cooptandus effet, imma- 
" tura morte peremptus eft anno astatis 46. r. 1. 1665. 3*'° Id. 
" Novembris. 

" De fe plura ne dicerentur fupremis Tabulis cavit." 



[ 279 3 



EIGHTEENTH GENERATION, 

ESME, fifth Duke of Lennox, only Son of James, 

fourth Duke. 
CHARLES STUART, only Son of George Lord 

d'Aubigny, who was Brother of James, fourth Duke 

of Lennox. 

Concerning ESME STUART, fifth Duke of Lennox. 

fT^HIS Efme Stuart was an infant at the time of the death of his 

"*• father James fourth Duke of Lennox, in the year 1 6^^y and i 
he died at Paris on the 14th of Auguft 1661, unmarried. 

There are no charters in his favor in the Pubhc Records in Scot- 
land; therefore it is prefumed that his titles to the eftates enjoyed by 
his anceflors muft have been made up by fpecial fervice as heir to his 
father. 

Concerning Charles Stuart, fixth Duke of Lennox. 

Upon the death of Efme fifth Duke of Lennox, in the year 
1661, without pofterity, his coufin-german Charles Stuart, only fon 
of George Lord d'Aubigny, uncle of the faid Efme Stuart, fucceeded 
to the honours and eftate of the Lennox family. 

There are in the Public Records in Scotland, two charters from 
the Crown in favor of this Charles fixth Duke of Lennox, the one 
dated 3d May 1 67 1, wherein he is defigned Duke of Lennox and 
Richmond, granting to him the lands of Inchennan and others in 
Renfrewfliire ; the other dated 22d February 1672, granting to him 
the heretable office of High Admiral of Scotland. It is prefumed, 

however. 



CHARLES STUART, 

liQwe\'er, that his titles to the greateft part of the Lennox eftates mufl. 
J have been made up by fpecial fervice as heir either to his uncle James 
fourth Duke, or to his coufm Efme fifth Duke of Lennox, or other 
anceftors in thefe lands. 

It appears alfo from the Records of the Chambre des Comptes at 
Paris, that on the nth of May 1670, this Charles fixth Duke of 
Lennox had been acknowledged and received as Seigneur of the 
lands of Aubigny in France, and that, contrary to ufual cuftom, he 
had been permitted to perform foy and hommoge for thefe lands by 
a fubflitute or procurator, inftead of performing it perfonally. 
The inftrument drawn up on that occafion, of which the Author got 
an authenticated copy from the Records in France, contains the 
warrant iflued by Louis XIV. of France, reciting, " That the lands 
" and Seigneurie of Aubigny, with its appurtenances and depend- 
" encies, fituated in the province of Berry, having defcended to 
" Chai'les Stuart, Duke of Richmond and Lennox, Great Cham- 
" berlain and Admiral of Scotland, Prince of the blood of the faid 
*' kingdom, as being the eldeft male defcendant in dired line from 
" John Stuart, Conftable of Scotland ; and that in confequence of 
" the donation made by the lettres patentes of King Charles VIT. 
" dated at Bourges the 26th day of March 1422, the faid Duke of 
" Richmond and Lennox had fupplicated his Majefty to receive 
" him in the faid lands, and to be permitted to perform foy 
" and hommage by a fubftitute, on account of his abfence from 
" the kingdom of France, and the important affairs which de- 
" tained him ; therefore his Majefty, defiring to treat favorably the 
" faid Duke of Lennox and Richmond, had difpenfed, for once 
" only, and without being drawn to a precedent, with his perform- 
*' ing the foy and hommage perfonally, and permitted him to do 
" it by a fubftitute, which had been done that day in the hands of 
*' the Chancellor of France, by Raphael de Tartarean, Chevalier, 
■*" Sire de VlUebroffe, Gentleman of the Chamber of the deceafed 
II *' Queen, 



SIXTH DUKE OF LENNOX. 

*' Queen, mother of the King of Great Britain, and aunt of the 
" King of France, having a fpecial procuration for that purpofe from «. 
" the Duke of Richmond, which had been accepted of by his Ma- 
*' jefty, without prejudice to his rights ; therefore gave order that 
" the faid Duke fhould have free pofleffion of the faid lands and 
" Seigneurie of Aubigny, without any difturbance." 

It is to be obferved, that ever fince the time of the firft grant of 
the lands of Aubigny to John Stuart, the Conftable of the Scottifh 
army, who had been killed during the fiege of Orleans in February 
1429, thefe lands of Aubigny had always, by the permiffion of the 
Kings of France, been enjoyed by one of the younger branches of 
the Derneley family, defcended from the faid John Stuart ; the per- 
fons fo enjoying the lands of Aubigny generally refiding in France. 
But in the year 1 670, when Charles the fixth Duke of Lennox ap- 
plied to Louis XIV. to be received as Seigneur d'Aubigny, and to 
the fafe poflTeffion of thefe lands, there was no longer any younger 
branch of the Derneley family exifting, as will immediately be (hewn 
under the next Article. 

This Charles Stuart, fixth Duke of Lennox, married Frances 
Stuart *, daughter of Walter Stuart, Efq. fon of Walter Lord Blan- 
tyre ; but there was no ifllie of the marriage. 

He was fent by King Charles II. ambalTador extraordinary to the 
Court of Denmark, and died at Elfmeur in the month of Decem- 
ber 1672. 

• The portrait of Frances Stuart, Duchefs of Richmond, is among the beauties at 
Windfor, and her effigy in wax is preferved in Weftminfter Abbey. She was reckoned 
the greateft beauty and fineft figure that appeared at the Court of Charles II. 



[ 282 1 



Conclusion of Part Sixth, and Inferences. 

CharlesStuart, the fixth Duke of Lennox, who died at Elfmeur 
J in December 1672, was the laft of the male defcendants from Efme 
the firft Duke, in whofe favor the dukedom of Lennox was eredted 
in 158 1, with a deftination to him and the heirs male of his body ; 
but as that dukedom was, by a royal charter in the year 1583 in 
favor of Ludovic, the fon of Efme the firft Duke, exprefsly granted 
to Ludovic and his heirs male ivhatfoever^ fo King Charles IL of 
Great Britain, though not lineally defcended from either Efme the 
firft, or from Ludovic the fecond Duke of Lennox, yet as the neareft 
collateral heir male of the laft Duke of Lennox, was entitled to, 
and claimed the eftates of the dukedom in confequence of the death 
of Charles the fixth Duke, who was the laft male defcendant from 
any of the Dukes of Lennox. 

King Charles's titles to the eftates compofing the dukedom of 
Lennox were made up according to the laws and pradtice of Scot- 
land, and the fame forms were obferved in the cafe of the fovereign 
claiming this fucceflion, as if it had been a private individual who 
claimed it, in the manner dire£ted by the inquifitions poji mortem ; 
for there was a jury aflembled at Edinburgh in the month of July 
1680, to whom the title deeds under which his Majefty claimed the 
fucceflion were prefented, and the proofs of his Majefty 's being 
the neareft collateral heir male of the Dukes of Lennox were pro. 
duced ; upon confideration whereof, the jury, upon the 6th o£ 
July 1680, pronounced their verdidt in the ufual form, afcertain- 
ing his Majefty's right to the Lennox eftates as the neareji col- 
4 lateral 



[ 283 3 

lateral heir male^ being defcended from Matthew the fourth Earl part 
of Lennox, who was uncle of Efme Stuart, the firft Duke of (— — . — -i 

_ N°XV1II. 

Lennox. 

The proceedings upon that occafion containing the verdidl of the 
inqueft or jury, known in Scotland by the defcription of a fpecial 
fervice as heir, are in the records of the Chancery in Scotland, 
Bookxxxvii. fol. 211. 

Frances Duchefs of Lennox, the widow of Charles the fixth 
Duke of Lennox, who died in December 1672, had right to the 
enjoyment of the Lennox eftates during her life, and there was a 
charter under the Great Seal for that purpofe paffed in her favor on 
the 22d of December 1673. 

By letters patent, dated at WIndfor, 9th September 1675, (re- 
corded in the Regifter of Charters in Scotland, Book Ixiv. No. 243,) 
King Charles IL created Charles Lennox (natural fon to his Majefty, 
by the Duchefs of Portfmouth) Duke of Lennox, Earl of Darnlie, and 
Lord of Torboltoun. 

The patent recites, that it being known to his Majefty that the 
Dukes of Lennox and their predeceflbrs had for many ages paft 
been fplendid and illuftrious Noblemen in his ancient kingdom 
of Scotland, and had endeared themfelves to his Majefty and to 
his predeceflbrs by many fignal fervicesj therefore being de- 
firous, and refolving that the titles of honour hereinafter named, 
pertaining and belonging to the Dukes of Lennox, but now falling 
and defcending to his Majefty as heir male of the deceafed Duke 
of Lennox, fiould by no means he fupprejfed and confounded in 
his royal per/on^ but that they fhould be created, preferved, and 
eftabliflied in the perfon of fome man nearly related to him ; his 
Majefty, for the love and favor which he bears to his moft be- 
loved natural fon Charles Lennox, makes, conftitutes, and creates 
the faid Charles Lennox Duke of Lennox, Earl of Darnlie, Lord 
002 of 



[ 284 I 

of Torbolton. Thefe honors and titles of dignity are thereby- 
granted to the patentee, and to the heirs male lawfully defcending 
from his body. 

Upon the 20th of Auguft 1680, a charter pafled under the Great 
Seal of Scotland in favor of the faid Charles Lennox, Duke of Lennox 
and Richmond, by which the lands, dukedom, earldom, and lord- 
fhip of Lennox were granted to him, and to the heirs male of his 
body ; whom failing, to return to his Majefty his heirs and fucceflbrs. 

The charter recites the right which his Majefty had to thefe lands 
as nearejl heir male of the deceafed Charles Duke of Lennox, and 
contains a refervation to the Duchefs of Lennox, his widow, of 
the right which fhe had to the eftate during her life ; which life- 
rent right fhe enjoyed during many years. 

After the death of the Duchefs Dowager, the Duke of Richmond 
and Lennox, about the beginning of the prefent century, fold the 
whole of the Lennox eftates belonging to him in Scotland ;- and 
they were purchafed by the anceftors of the prefent Duke of Mon- 
trofe from the perfon to whom the Duke of Richmond had fold 
them. Upon that occafion, fuch of the Lennox papers as had 
been preferved, were delivered up to the Duke of Montrofe's family ; 
and it is from thefe archives that fome parts of the information 
and proofs referred to in the preceding Genealogical Hiftory have 
been derived. 



[ ^-85 I 

From the whole of the preceding Genealogical History it 
evidently appears, that when King Charles II. fucceeded in the year 
1672, as neareft collateral heir male of Charles the fixth Duke of 
Lennox, and when his title as fuch was proved and acknowledged 
by the verdid; of a jury in the inquifition poft mortem^ all the 
male defcendants from Efme Stuart the firfl Duke of Lennox had 
failed ; for King Charles not being defcended from any of the fix 
Dukes of Lennox, he could not have taken up the fucceflion as 
heir male collateral if there had' been defcendants in the diredl line 
from any of thefe Dukes of Lennox. King Charles's fpecial fer- 
vice in the year 1680, as neareft heir male collateral, amounts there- 
fore to a complete proof of the extindtion of the whole of the male 
defcendants from Efme Stuart the firft Duke of Lennox, only fon 
of John Stuart Lord of Aubigny, Governor of Avignon, who died' 
in the year 1560. 

It remains therefore only to be examined, whether in the Gene- 
rations which preceded that John Stuart Lord of Aubigny, fince 
the time of Sir John Stuart of Derneley, who was killed during the 
fiegc of Orleans in February 1429, there now exift any male 
defcendants from that Sir John Stuart, after the extindtion of the 
■whole race of the Stuarts, Earls and Dukes of Lennox, defcended 
from him. 

The anfwer to this queftion muft be perfedly obvious, on In- 
fpedion of the Tree of the Family compared with the preceding 
Genealogical Hiftory, wherein every one of the male defcendants 
from that Sir John Stuart of Derneley, whether belonging to the 
elder or younger branches of the families defcended from him, have 
been particularly named, and an account given of fuch of them as 
left any pofterity ; the refult of which is, that all the younger 
branches of the Stuarts of Derneley and Lennox defcended from 

John 



[ 286 ] 

John the third Earl, and from Matthew the fourth Earl of Lennox 
having failed, by the deaths of the Earls and Dukes of Lennox 
without male pofterity, the only male defcendant now exifting from 
the faid Sir John Stuart, grandfather of John thefirft Earl of Lennox, 
is the Cardinal York, as being defcended from King James VL of 
Scotland and the Firft of England, only fon of Henry Lord Derneley, 
eldeft fon of Matthew the fourth Earl of Lennox, who died in the 
year 157 1. 

The pedigree from Henry Lord Derneley is fo well known that 
it is fcarcely neceffary here to ftate it. 

His only fon was King James L of England, who died in March 
1 625 ; fucceeded by his fon King Charles L who died in January 
1 649 ; fucceeded by his fon King Charles IL who died in February 
1685; fucceeded by his brother King James IL of England, who 
died in Auguft 1701, leaving one fon James, born in the year 1688, 
who died at Rome upon the firft day of January in the year 1 766. 
This laft James left two fons, Charles and Henry ; the eldeft of 
whom, Charles, died without ifTue in the year 1787 j and Henry, 
the youngeft, is the prefent Cardinal York at Rome, who never 
was married ; and it is univerfally known that he is the only male 
defcendant now alive from King James VL of Scotland and the 
Firft of England. 

There cannot therefore be a more complete proof than what has 
thus been exhibited, of the extindtion of the whole male line of the 
Stuarts defcended from Sir John Stuart of Derneley, the firft Lord 
of Aubigny in France, grandfather of John Stuart the firft Earl of 
Lennox of the Stuart line, excepting only the faid Cardinal York. 

It neceflarily follows, therefore, that upon his death the repre- 
fentation in the male line of the Stuarts of Derneley and Lennox 
vwjl devolve upon the perfoti who Jhall be able to prove hlmfelf 

defcended 



r 287 ] 

defcended from Sir William Stuart, the Jiext brother of Sir John Stu^t 
of Dcrneley the frfl Lord of Aubigny. 

The pedigree and reprefentation thus alluded to will not be at- 
tended with any pecuniary benefits or emoluments ; for although 
the terms of the original grants of the Derneley eftates, made by 
the Stewart of Scotland in the years 1356 and 1361, had anxioufly 
provided that the fucceflion to that eftate fhould /// all time coming 
belong to the heirs male of the grantee, being perfons of the name 
and blood of Stuart ; and akhough the grant by King James in the 
year 1583 to Ludovic Duke of Lennox, had, upon the fame plan, 
exprefsly given the Derneley eftates, and the earldom and dukedom 
of Lennox, to that Duke, and to his heirs male whatfoever-^ in con- 
fequence whereof all thefe vaft eftates muft, if the fucceflion to 
them had been fecured by the claufes of a ftrid entail, have gone 
to the perfon who fhall now be able to prove himfelf the neareji heir 
male collateral of Sir John Stuart of Derneley (by the fame rule 
that thefe eftates went in the year 16S0 to King Charles IL as the 
neareft heir male collateral of the family, though not defcended 
from any of the Dukes of Lennox) : yet all the prior fettlements of 
thefe eftates were legally and effedually defeated by the grant 
made by King Charles IL in the year 1680, in favor of Charles 
Lennox, Duke of Lennox and Richmond, his fon by the Duchefs 
of Portfmouth ; and all the Lennox eftates in Scotland, where their 
property chiefly lay, were fold by the Commiflioners of the Duke 
of Lennox, in the beginning of the prefent century, to purchafers for 
valuable confiderations, who have enjoyed thofe eftates long beyond 
the years of prefcription ; therefore their rights to the eftates fo 
acquired by them, even if they had been originally fubjed to any 
doubt or imperfei^ion, are now beyond all poiTible reach of challenge. 

Still 



t 288 ] 

•Still however there remains the honor of belonging to, or being 
conneded with thofe whofe virtues and talents had rendered them 
fo eminent and fo dear to their country. Nor will it be deemed a 
blameable or unworthy ambition in any man fmcerely convinced 
of the fadl, that he Ihould be defirous to eftablifli the truth of that 
connexion by the moft unqueftionable proofs, and {hould wifh to 
fubmit to public fcrutiny and difcuflion the foundation of the pre- 
tenfions to the honor of being the heir male and reprefentative of 
the Demeley and Lennox families. 



RESULT 



FACTS eftablilhed by the Contents of the 
preceding Six Parts of this Genealogical 
History. 

FIRST, with refpea to the CharaEiers and ABiom of 
the Stuarts of Derneley, Lennox, and Aubigny. 

SECONDLY, with refped to the Identity of Sir William 
Stuart of Caftelmilk, Knight, with Sir William 
Stuart, Knight, Brother of Sir John Stuart of 
Derneley. On which Point the Validity of the pre- 
tenfions of fome of the Competitors for the Reprefent- 
ation of the Derneley Family mufl ultimately depend. 



FIRST POINT— The Characters and Actions of the Stuarts 
of Derneley, Lennox, and Aubigny. 

GENEALOGICAL Hiftories, exhibiting merely a catalogue of 
the names of a long line of anceftors, and of the pofleffions 
belonging to them, but without being able to fpecify any great or 
good adtions performed by thefe anceftors, and without being 
able to point out any inftances of condud fit for imitation, muft be 
p p little 



-go 



CHAR,ACTERS AND ACTIONS OF 

little qualified to aftbrd either infi:ra(fllon or entertainment ; fuch 
Genealogical Hiftories will, by moft readers, be felt and confidered 
as a very unprolitable fort of reading. It will be ftill more fatal 
to the fuccefs of fuch hiftories, if in the lift of thofe anceftors there 
ihould he found fome whofe eftablifhed charaders point them out 
as having been prejudicial, rather than fervice^ble to the interefts 
of fociety, and of the ftate to which they belonged. 

The cleareft and moft convincing proofs of the atitlquity of a 
race fo infignificant, or worfe than infignlficant, will not be able 
to confer upon them any degree of luftre or refpeft. Their de- 
fcendants will certainly not be entitled to pride themfelves on the 
antiquity of their family ; on the contrary, they fhould be anxious 
to conceal from public view that the family to which they belong 
had exifted upon the face of the earth for a great length of time 
without having, during the courfe of many generations, performed 
any thing memorable or praife-worthy, and without having left 
to their pofterity any example worthy of imitation. 

But it cannot fail to be of real ufe and advantage to the ftate, that 
great adlions and great men fliould be commemorated with the honor 
due to them ; fuch marks of public approbation naturally excite others 
to purfue the fame paths of honor ; and muft be particularly qualified 
to produce in fucceeding generations a ftrong defire to emulate the 
virtues of their anceftors, or at leaft to do nothing unworthy of them. 
The experience of all ages affords iblid proofs of the advantages de- 
rived from adopting and cultivating this principle. The Greeks and 
Romans conftantly appealed to the heroic or patriotic deeds of il- 
luftrlous anceftors for the purpofe of animating their defcendants to 
fimilar exertions. They knew it was building on a folid foundation, 
to build on a principle fo generally felt and fo deeply rooted in the 
human breaft. 

On this fubjeft the late Mr. Gibbon has fo very well exprefted 
his fcntiments, that it may not be improper here to ftate them in 

his 



THE STUARTS OF DERNELEY, &c. ^291 

his own words, as they contain much good fenfe, and lead to a 
very fair, temperate, and rational conclufion with refped to the 
utility of the principle or prejudice founded on the natural attach- 
ment to the merits and charaders of our anceftors. His words 
are : " We feem to have lived in the perfons of our forefathers. 
« We fill up the filent vacancy which precedes our birth, by aflb- 
« elating ourfelves to the authors of our exiftence. Our calmer 
« judgment will rather tend to moderate, than to fuppreis the 
" pride of an ancient and worthy race. The fatirift may laugh, 
« the philofopher may preach, but reafon herfelf will refped the 
« prejudices and habits which have been confecrated by the expe- 
" rience of mankind. 

" Whenever the diftinaion of birth is allowed to form a fuperior 
« order in the ftate, education and example fhould always, and 
« will often produce among them a dignity of fentiment and pro- 
« priety of condud which is guarded from difhonor by their own 
« and the public efteem. If we read of fome illuftrious line fo 
« ancient that it has no beginning, fo worthy that it ought to 
" have no end, we fympathife in its various fortunes ; nor can we 
" blame the generous enthufiafm, or even the harmlefs vanity, of 
" thofe who are allied to the honors of its name *." 

In the preceding Genealogical Hiftory, fome account has occa- 
fionally been given of the charaders and adions of feveral of the 
Stuarts of Derneley, Lennox, and Aubigny during the courfe of 
many generations ; which account has been taken from the moft^ 
authentic fources of information that could any where be difcovercd. 
No fads relating to them have been ftated without fpecifying the 
authority from whence taken. It is therefore in the power of every 
man to confult thefe authorities, and to fatisfy himfelf of the accuracy 
of the accounts given. 

* Gibbon's Memoirs of his own Life an.l Writings, vol. i. p. 3. 

P P 2 After' 



CHARACTERS AND ACTIONS OF 

After obtaining fufFicient information of the chara£ters and con- 
dudl of the fucceffive reprefentatives of the Stuarts of Derneley, 
Lennox, and Aubigny, it muft be left to the judgment of every im- 
partial reader to decide whether they fall under the defcription firft 
given of infignificant perfons, unprofitable to their country, and as 
fuch fit to fink into oblivion ; or whether they ought to be con- 
fidered as a gallant and a worthy race, well entitled to general efteem 
and to the grateful remembrance of their country. 

It has long been a fubjed of regret that no hiflorlan or antiquary 
had ever taken the pains to colledl, from the various fources of juft 
information, the fads and events in which the families of Derneley,. 
Lennox, and Aubigny were fo much interefted as principal adtors. 
Nay, there is not even any tolerably accurate genealogical account of 
the fucceffive reprefentatives and members of thefe families. Every 
account hitherto given by the Genealogical Writers is full of errors, 
even as to dates and the names of perfons, and other material par- 
ticulars, fo much fo, that, in drawing up this Hiflory, one great 
labor has been, to trace and to corredt the numerous errors of thofe 
authors who had pretended to give a genealogical account of the 
Stuarts of Derneley, Lennox, and Aubigny, or of detached parts of 
their hiftory *. 

The 

* In confirmation of what has been faid concerning the remarkable inaccuracy of 
the Genealogical Writers in what relates to the Derneley and Lennox families, it 
may be proper here to mention that George Crawfurd himfelf, an Author who 
had written much upon the fubjeft of thefe families, both in his Hiftory of the Shire 
of Renfrew, and in his Peerage of Scotland, was fenfible that what he had written 
was very defe£iive and erroneous; particularly in the early period of their hiftory; 
and therefore that he meant to have thofe errors corredled in a new edition of 
his Peerage : with a view to which he had got a printed copy of his Peerage interleaved 
with blank paper bound up in two volumes, for the purpofe of intended corredions 
and additions ; and it further appears that in that copy he had cancelled, or torn out 
feveral printed pages of what related to the Lennox, family, and fubftituted in their 
place many manufcript notes. This fadt, and the manner in which it came to the 

Author's 



IHE STUARTS OF DERNELEY, &c. 

The opportunities which tlie Author had of examining records, 
public libraries, and private colieaions in France and in Italy, as 

well 



Author's knowledge, will appear from the following copy of a memorandum taken 
on the 1 6th of January 1793, the very day on which he had perufed the above- men- 
tioned copy of the Peerage, which belonged originally to George Crawfurd him- 
felf, and was purchafed from his heirs by Mr. Gumming of the Heralds' Office at 
Edinburgh. The memorandum taken by the Author on thit occafion, and inferted 
on p. 184, of a book which he kept for entering memorandums relating to the Der- 
neley and Caftelmilk affairs, is in thefe words : 

«' January 16, 1793. 
" Have this day had an opportunity of glancing over Crawfurd's Peerage of Scot- 
land, in two volumes, belonging to Mr. Gumming of the Heralds' Gffice, who pur- 
chafed it from the heirs of George Grawfurd the autlior. 

" The plan of thcfe two volumes is, that George Grawfurd the author has in many 
parts made manufcript additions and corredlions upon the firft edition of his Peerage 
which he feems to have been fenfible was very defeftive and erroneous ; and thefe 
corredions appear to have been made with the view to a new and more corre<5l 
edition of the Peerage, which he did not live to execute. 

«' In particular it appears that he was fenfible that his firft edition of the Lennox 
family was very defeftive, efpecially in the early part of their hiftory; for in this 
copy in Mr. Cumming's polTeffion, George Crawfurd has cancelled or torn out pages 
2SS> 2S<5. 257, and 258, of the firft edition, and has fubftituted in place of them many 
manufcript notes of his own. In particular there is at the top of page 259 of the 
printed copy, this note of George Grawfurd's writing : 

" Line Make Sir William Stuart of Gaftelmilk, to be a fon of Sir Alexander 
" of Darnley, brother to Barfcube, but no authority but my own account in my ma- 
" nufcript of the (hire of Renfrew." 

•' From this note it would be defirable to fee the manufcript copy of George Graw- 
furd's Hiftory of the Shire of Renfrew, where it appears that he had ftated ^ir 
"William Stuart of Gaftelmilk to be the fon of Sir Alexander Stuart of Uerneley, 
though it is not fo ftated in his printed Hiftory of Renfrew. 

«< Grawfurd certainly muft, at the time of his compofing that manufcript, have feen 
fome evidence for the above faft, though the recolleftion of it appears to have efcaped 
him at the time of his writing the above note on the printed copy of his Peerage. 
It would therefore be very defirable to find out his manufcript copy of the Hiftory 
of the Shire of Renfrew, which may be either in Mr. Gumming's hands, or in the 
hands of Mr. Grawfurd of Cartftjurn's heirs. — This to be mentioned to Mr. Ro- 
berton of Bedley, and to Mr. Dillon. 

" Inquiry 



29.3 



-94 



CHARACTERS AND ACTIONS OF 

well as in England and in Scotland, enabled him to corred many 
former errors, and to afcertain fa£ls with their dates and circum- 
ftances, in a manner which, if at all pradicable without pofleffing 
thofe advantages, could not eafily have been accompliflied by any 
one without dedicating much time and labour to the profecution 
of a work of this nature. 

With thefe advantages, and poflefFing alfo the advantage of hav- 
ing had, during the years in which he has been engaged in this 
work, much more the command of his time than had fallen to his 
lot at any former period of his life, the Author felt it to be a /pedes 
of facred duty o?i h'lm to colled: from the mofl authentic fources 



«' Inquiry to be made at Mr. Cumming whether, in that part of Crawfurd's Peerage 
between pages 254 and 259 of the printed copy, there were not more interjected 
manufcript leaves relating to the Lennox family than what now appears ; for at 
preftnt there is but one interjetted leaf of manufcript, and manufcript notes on the 
margin of pages 259, 260, 261, and 262 of the printed copy. 

" In the manufcript leaf interjefted between pages 254 and 259 of the printed 
copy, there is the following article by George Crawfurd : 

" Walter Stuart, the Duke of Albany's fon, being accufed of treafon with this 
*' Earl his grandfather, and were all condemned by the fame allize, and executed 
*' at the of the Caftlehill of Stirling ; and fo the eflate of Lennox was, 

•' by the Earl's treafon, forfaulted to the Crown, fo that his heirs had no title to 
" claim it. 

«' So that houfe of Lennox came to the Crown, and was given for a title of honour 
«« by King James, who beftowed it on John Lord Derneley. 

'« It is all a fable that ever Duke Murdock's forfaulture was reduced, or that ever 
" the heirs of Duncan Earl of Lennox did produce any kind of right to his eftate 
" that was in the Crown in 1471, when it was given to Andrew Lord Avendale 
«' for life ; and it was of mere grace and favor, and upon a bargain with the Lord 
<' Avendale, that John Lord Derneley was created Earl of Lennox in the year 1484, 
*' which ifi the precife year that he is firft defigned Comes de Lennox ; but it is 
" certain that James Haldane of Gleneagles was retoured to him Earl Duncan, 
" but it has been difpenfed with in )49i ; but in the retour which I liave feen, there 
'" is no difpenfatson in it at all." 

the 



THE STUARTS OF DERNELEY, &c. 

the materials for furnifliing to the world a true and accurate Ge- 
nealogical Hiftory of the Derneley and Lennox Families, with 
fome fhort fketches of their adtioAs and charaders, calculated to 
give a general notion of what related to them, and to excite others 
to an examination of the fources from whence a more particular 
acquaintance with their charaders and adions might be acquired 
and communicated. 

In the mean time, even the fhort and imperfedl fketches contained 
in thefe fheets may perhaps be fufficient for ihewing, that the families 
of Derneley, Lennox, and Aubigny have, in the courfe of many fuc- ' 
ceflive generations, produced fuch remarkable inftances of great and 
worthy charadters as may be of advantage to be known, for the fake 
of exciting others to follow their example. 



<J95 



The Second Point propofed to be confidered, as refulting 
from the fads eftablifhed by the contents of the preceding Parts of 
this Genealogical Hiftory, relates to the Identity of Sir William. 
Stuart of Caftelmilk, Knight, with Sir William Stuart, 
Knight, the brother of Sir John Stuart of Derneley. On thir. 
Point it may be requifite to enter into fome detail, and to fubmic 
to the ftrideft inveftigation the following particulars : 

The proportion intended to be eUablifhed is, that Sir William 
Stuart, the fon of Sir AieAand.r and tlic brother of Sir John Stuart 
of Derneley, was precifely the fame perfon with Sir William 
Stuart of Cafttluiylke, who is mentioned in Rymer's Foedera, in the 
year 13*/^, as one of the fureties given on the part of Scotland for 

the 



296 



IDENTITY OF SIR WILLIAM OF CASTELMILK, WITH 

the prefervation of the peace of the Weftern Marches between Eng- 
land and Scotland. 

In difquifitions of this fort, where the objedl is to difcover the 
identity or diverfity of perfons defcribed under different defignations, 
there are fome preliminary obfervations requifite to be attended to, in 
order to guide us to a juft and certain conclufion. 

It is requifite, in the firft place, that it fhould clearly appear that 
Sir \Villian\ Stuart defcribed of Caftelmilk, and Sir William Stuart 
defcribed as the fon of Sir Alexander, or as the brother of Sir John 
Stuart of Derneley, lived precifely in the fame period ; and that the 
age and rank, and other circumftances relating to the one, cor- 
refponded with thofe knowm to relate to the other. 

At the fame time it muft be admitted, that whatever number of 
circumftances may be collected together for fhewing a correfpondence 
or identity between Sir William Stuart of Caftelmilk and Sir William 
Stuart fon of Sir Alexander Stuart of Derneley; yet if any one cir- 
cumftance relating to the one be fuch as is totally inconfiftent with or 
inapplicable to the other, that fingle circumftance will deftroy the ef- 
fedt of any given number of circumftances of coincidence, and prove 
fatal to any fuppofition of the identity of the perfons fo defcribed; the 
fair conclufion muft then be, that thefe different defcriptions or defig- 
nations did not apply to the fame, but to two different and diftindt 
perfons. 

Having made this admiffion, it is alfo reafonable to conclude, 
that if in a great variety of fads and circumftances there Ihall be 
found a perfedt coincidence, fuch as to make it appear beyond all 
the rules of probability that the fame incidents {hould have hap- 
pened at the fame time to two different perfons of the fame name ; 
and that it fhall alfo appear, that no circumftances or incident known 
to belong to the one was fuch, as to be totally inconfiftent with or 
inapplicable to the other ; then it may be confidered as a juft and 
£iuc propofition, that the correfponding circumftances did not relate 



SIR WILLIAM, THE BROTHER OF DERNELEY. 

to two feparate diftina: perfons, but to one and the fame perfon, 
•whofe defignation was occafionally varied ; of which there are 
thoufands of fimilar inftances in the hiftories, as well as in the 
charters and other written documents of ancient times. 

To authorize a conclufion fuch as that which has now been 
mentioned, it would not be fufficient to fpecify or reft upon a few 
fads or circumftances ; there muft be a great variety of fafts, in- 
cidents, and circumftances of coincidence. 

In the prefent cafe, the firft circumftance to be confidered relates 
to the hiftory and origin of the title of Caftelmilk ; for it is folely 
this defignation which at firft fight creates a doubt whether Sir 
William Stuart, defigned of Caftelmilk, could be the fame perfon 
with Sir William Stuart, the fon of Sir Alexander, and the brother 
of Sir John Stuart of Derneley. And it muft be admitted, that if 
there were no evidence that Sir Alexander Stuart of Derneley, or 
his fon Sir John, had any connexion with the lands and eftate of 
Caftelmilk, either as the fuperiors or the proprietors of thefe lands, 
then the defignation of Caftelmilk enjoyed by Sir William Stuart 
in 1398, would be adverfe to the fuppofition of his being the fon 
of Sir Alexander, or the brother of Sir John Stuart of Derneley ; 
and ajuft prejudice would be entertained againft any attempt for 
identifying thefe two perfons. 

But if, on the other hand, it be eftabliftied by folid evidence, as 
in this cafe it has been, that fo far from there being no conne£lIon 
between the Stuarts of Derneley and the lands of Caftelmilk, that thefe 
very lands of Caftelmilk did adually belong to the Stuarts of Derne- 
ley, and that Sir John Stuart of Derneley, the fon of Sir Alexander. 
made up his titles to thefe lands of Caftelmilk, which were held by 
him under the Lords of Annandale as his Superiors thereof, and 
continued for many generations to be held by the fucceflbrs of that 
Sir John Stuart under the Lords of Annandale while they exifted, 
and afterwards under the Crown ; while at tlie fame time the faid 
Q.CI. Sir 



297 



IDENTITY OF SIR WILLIAM OF CASTELMILK, WITH 

Sir William Stuart and the defcendants from him held the pro- 
perty of the fame lands of Caftelmilk immediately of and under 
the Stuarts of Derneley, the fueceflbrs of Sir John Stuart of 
Deraeley : then the circumftance of Sir William Stuart being de- 
figned of Caftelmilk, inftead of being repugnant to the fuppofition 
of his being the brother of Sir John Stuart, will furnifh a link in 
the chain of circumftances by which it is to be proved that this Sir 
William Stuart of Caftelmilk was truly the brother of Sir John 
Stuart of Derneley. 

If a perfon of the name of William Stuart obtained from the 
Derneley family a grant of the property of the lands of Caftelmilk,, 
which gave rife to his being defcribed Sir William Stuart of Caftel- 
milk, while it is certain that Sir John Stuart had a brother of the 
name of William, the following queftion may reafonably be put :. 
Whether is it more likely that Sir John Stuart fhould have made a 
grant of the property of the lands of Caftelmilk in favor of a Wil- 
liam Stuart who was his own brother, or in favor of another William 
Stuart who was a more diftant relation or no relation at all ? This 
would be the fair ftate of the queftion fuppofmg it proved, or pro- 
bable, that befides William Stuart, PCnight, the acknowledged brother 
of Sir John Stuart of Derneley, there had exifted precifely at the 
fame period another William Stuart, Knight, with fimilar or co- 
lourable pretenfions for his being confidered as the perfon who had 
received from Sir John Stuart of Derneley the grant of the lands of 
Caftelmilk. But there is no evidence, or fliadow of evidence, of that 
fort or of that tendency. It would therefore be conceding too much 
to fceptical fuppofitions, firft, to take it for granted that another Sir 
William Stuart with feveral concurring circumftances, but different 
from William the brother of Sir John Stuart of Derneley, had exifted 
precifely at that period ; and then to fuppofe that Sir John Stuart 
of Derneley preferred that other William to his own brother Wil- 
iiam in the grant of the lands of Caftelmilk : and yet without the 

con- 



SIR WILLIAM, THE BROTHER OF DERNELEY. jpp 

concurrence of both thefe fuppofitions it is impoflible to allot to any 
other perfon than Sir William Stuart the brother of Derneley, the 
role of being Sir William Stuart of Caftelmilk. 

The prefumption that the grant of the property of the lands of 
Caftelmilk miift have been given by Sir John Stuart of Derneley 
to his brother William, is ftrongly fortified not only by the pradtice 
of ancient times, when it was ufual for the elder brother and re- 
prefentative of the family to give to the younger brother, either as 
a provifion, or from motives of favor, a certain portion of lands 
to be held immediately under the granter and his heirs ; but alfo 
by the inftances which have been given of that being the pradlice 
in this very family of the Stuarts of Derneley, and at a period 
too very near to that in which Sir John Stuart of Derneley and 
his brother William lived. 

If, notwithftandLng thefe confiderations, it fliould ftill be main- 
tained, that Sir William Stuart of Caftelmilk was a different perfon from ' 
Sir William Stuart the brother of Sir John of Derneley ; then it would 
be incumbent on thofe who maintain that propofition, to find out 
a Sir William Stuart to whom a variety of circumftances of coin- 
cidence would be equally applicable, as thofe which are known to 
have taken place with refpe£t to Sir William Stuart the afcertained 
brother of Sir John Stuart of Derneley, and Sir William Stuart of 
CaftelmilL 

This leads to the detail of various circumftances of coincidence 
which ferve to eftabliih the identity of thefe two Sir William Stuarts. 

(i) Coincidence in point of Rank and the Period 
in which they lived. 

The rank held by Sir William Stuart of Caftelmilk, and the 

period in which he lived and died, forni one circumftance of 

coincidence. 

Q. Q^ 2 Jt 



IDENTITY OF SIR WILLIAM OF CASTELMILK, WITH 

It has been fliewn that Sir William Stuart, fon of Sir Alexander 
Stuart of Derneley, was prefent with two of his brothers, Alexander 
and Robert, in the Baron Court of Camnethan, held by Sir 
Alexander Stuart of Derneley on the 13th of Odober 1390 ; and 
that William Stuart was at that time defcribed as Miles or Knight,, 
though neither of his brothers Alexander or Robert had attained 
that honor. 

It has alfo been fhewn that Sir William Stuart, defigned of Caftel- 
railk, in the year 1398, had attained the honor of knighthood, for 
he is exprefsly defigned " de Caftelmilk, Miles." 

In this refpedt therefore there was a coincidence as to the rank 
of knighthood enjoyed at or about the fame period. 

(2) The Situation enjoyed by Sir William Stuart 
of Caftelmilk, and the landed Estates belong- 
ing to him. 

But further, the fituations and poflefllons which are known to 
have been enjoyed by Sir William Stuart of Caftelmilk, were fuch 
as might naturally be expected to have been enjoyed by a younger 
fon of Sir Alexander, or a younger brother of Sir John Stuart of 
Derneley : for Sir William Stuart of Caftelmilk, Knight, was, in 
the year 1398, one of the fureties on the part of Scotland for pre- 
ferving the peace of the Weftern Marches^ between England and 
Scotland ; which honourable fituation was allotted to him in con- 
jundion with Sir John de Johnfton, anceftor of the Marquis of 
Annandale, Sir John de Carlifle, and other perfons of high rank and 
diftindion. 

Further, Sir William Stuart is defcribed as coufm to Archibald 

Earl of Douglas in an original charter ftill extant by that Earl about 

the year 141 1, in favor of John de Park ; to that charter Sir William 

Stuart of Caftelmilk is a witnefs, and the Earl of Douglas defcribes him 

9 as 



SIR WILLIAM, THE BROTHER OF DERNELEY. 

as dileSlus co?iJa)igulneus nojlcr. The Stuarts of Derneley were 
unqueftionably related to the Earls of Douglas, as appears from 
the genealogical trees of the Derneley and Douglas families ; 
this accounts for Sir William Stuart of Caftelmilk being defcribed 
as a coufin of the Earl of Douglas, upon the fuppofition of his 
being a brother of Sir John Stuart of Derneley, but would be very 
difficult to be accounted for on any other fuppofition. 

As to the landed property or poffeffions belonging to Sir William 
Stuart of Caftelmilk and his immediate defcendants, it is certain that 
they had not only the Forty Merk Lands of Caftelmilk, and the 
Ten Merk Lands of Brummell in Annandale ; but likewife the lands 
and eftate of Fynnart Stewart in Renfrewfhire, being a Forty Merk 
Land of Old Extent ; and further the Forty Merk Lands of Old Extent 
of Cafliltoun in the fhire of Lanark; all which confiderable eftates were 
enjoyed by the fons of the faid William Stuart, and moft probably 
by himfelf ; and all thefe three eftates remained with the defcend- 
ants of Sir William Stuart of Caftelmilk for many generations. In 
point therefore of rank, fituation, and landed property or pofleflions 
enjoyed by Sir William Stuart of Caftelmilk, it muft be admitted 
that thefe were fuch as were perfedly confiftent with what might 
be expedled of Sir William Stuart, the younger fon of Sir Alexander, 
and the brother of Sir John Stuart of Derneley. 

(3) The acknowledged Relationship between the 
Defcendants of Sir John Stuart of Derneley, and 
of Sir William Stuart of Caftelmilk. 

Another ftrong proof in favour of the identity arifes from the ac- 
knowledged relationftiip between the defcendants of Sir John Stuart 
of Derneley and the defcendants of Sir William Stuart of Caftelmilk ; 
of which there are feveral inftances. There is the precept of dare 

conjlat 



302 



IDENTiTY OF SIR WILLIAM OF CASTELMILK, WITH 

conjlat before mentioned, whereof the orighial is ftill extant, dated 
2d November 1579, granted by Robert Lord Derneley and Earl o^ 
Lennox, in favor of Archibald Stuart of Caftelmilk, as heir to his 
grandfather Archibald Stuart in the lands of Caftelmilk, in which 
precept Archibald Stuart is defcribed as the beloved coufm of the 
Earl of Lennox the granter of the precept. 

But there are inftances of ackno'v/ledgment of the relationfhip at 
more early periods, and much nearer to the time w^hen Sir William 
Stuart of Caftelcnilk came off the Derneley family ; particularly there 
is a charter, dated i6th Auguft 1477, (Public Records, Book xiL 
N° 15.) granted by John Stuart the firft Lord Derneley and Earl 
of Lennox, in favor of Thomas Stuart of Minto, and Ifabel Stuart 
his wife, of the lands of Houfehill in the lordlhip of Derneley ; 
in which charter the Earl of Lennox narrates that thefe lands 
formerly belonged to Janet Cameron, fpoufe of our deceafed coiiftn 
Walter Stuart of Arthurly^ Knight, and mother of the faid Ifabel 
Stuart. 

The relationfhip here acknowledged between John Lord Derneley 
and Sir Walter Stuart of Arthurly, was equally applicable to all the 
fons or grandfons of Sir William Stuart of Caftelmilk, for it was by 
his defcent from Sir William Stuart of Caftelmilk that Sir Walter 
Stuart of Arthurly became coufin to the firft John Lord Derneley 
and Earl of Lennox. There is in the Public Records a charter 
dated in the year 1439, of the lands of Arthurly in favor of Walter 
Stuart, wherein he is exprefsly defigned fon of the deceafed Sir 
William Stuart of Caftelmilk, Knight. That Walter Stuart was the 
father of Sir Walter Stuart of Arthurly, whom the Lord Derneley 
here acknowledges to be his coufm ; and this was at a period not 
fifty years after the death of Sir William Stuart, who died in the 
year 1429. 

John, the firft Lord Derneley and Earl of Lennox, who made the 
above acknowledgment, was a married man in the year 1438, and, 

moft 



SIR WILLIAM, THE BROTHER OF DERNELEY. 

moft probably, was perfonally acquainted with his grand-uucle Sir 
William Stuart, who had died but nine years before that time ; at 
leaft he could not be ignorant of the degree of relationfhip that 
fubfifted between them, and between himfelf and the fons and 
grandfons of that Sir William Stuart: he here acknowledges 
the grandfon of that Sir William Stuart to be his confine which 
is precifely the degree of relationfhip between the grandfon 
of Sir William Stuart and the grandfon of Sir John Stuart of 
Derneley, upon the fuppofition that Sir John and Sir William were 
brothers. 

If there had been now extant any writing or authentic Inftrument 
wherein this John firft Lord Derneley had exprefsly acknowledged 
and declared that Sir William Stuart of Caftelmilk was his grand- 
uncle, or, in other words, the brother of his grandfather Sir John 
Stuart of Derneley, fuch inftrument, it muft be admitted, would of 
itfelf have afforded a complete proof of the point in queftion. 
Therefore the inftrument now referred to, wherein that John Lord 
Derneley acknowledges the grandfon of that Sir William Stuart to 
be his coufni, goes near to the fame point. 

It may further be remarked, that at the time, and upon the oc- 
cafion when John Lord Derneley made this acknowledgment of 
Sir Walter Stuart of Arthurly having been his coufin, it was not 
liable to the interpretation of its being meant as a compliment to 
Sir Walter Stuart, or as a piece of flattery for gaining his good will 
and attachment ; for the inftrument itfelf fhews that Sir Walter 
Stuart was at that time deceafed, therefore the defcription of him 
as beloved coufin of John Lord Derneley, the granter of the charter,, 
could proceed from nothing but the force of a well known truth 
that they really flood in that degree of relationfhip. 

At a fubfequent period, to wit, in the year 1515, there is a charter 
and precept, dated 20th September 15 15, granted by John Stuart^ 



l^Z 



IDENTITY OF SIR WILLIAM OV CASTELMILK, WITH 

the third Lord Derneley and Earl of Lennox, in favor of James 
Stuart, fon of Alexander Stuart of Caftelmilk, wherein It is expreffed, 
" that for the fingular love and favor which he John Lord Derneley 
" bore to his beloved coufin James Stuart^ fon of Alexander Stuart 
" of Caflelmilk^' he gave to him and to Janet Auchinleck his fpoufe, 
and to the longeft liver of them during their lives, the Forty Shilling 
Land of Old Extent of the town of Kype, lying in the barony of 
Avendale and fhire of Lanark. 

James Stuart here defcribed as the coufin of John Earl of Lennox 
was the fecond fon of Alexander Stuart of Caftelmilk. 



(4) The long and uniform Connection between them. 

Of this connexion many ftrong proofs, fome of them on critical and 
Important occafions, have been given in the courfe of the preceding 
Hiftory : particularly the memorable inftance of the ftrong connexion 
between the Stuarts of Derneley and the Stuarts of Caftelmilk in the 
year 1489, when there were no lefs than five of the Caftelmilk 
family, to wit, the proprietor Sir William Stuart of Caftelmilk, with 
his two fons and two nephews, who had joined and confederated 
with Matthew Stuart, the fon and heir apparent of John Earl of 
Lennox, and his two brothers Alexander and Robert, in the hold- 
ing out the Caftle of Dumbarton againft his Majefty's royal au- 
thority, and in the burning the town of Dumbarton. For which 
rebellious conduct, both the Stuarts of Derneley and the Stuarts 
of Caftelmilk ftood in need of, and obtained, a pardon or remiffion, 
dated 12th February 1489-90, which was granted by King James IV. 
with confent of the Three Eftates of the kingdom aflembled in full 
Parliament. 

Another proof of the connexion between the Stuarts of Derneley 
and Lennox, and the Stuarts of Caftelmilk, arifes from the terms 

of 



SIR WILLIAM, THE BROTHER OF DERNELEY. 

of a bond of manrent granted by Archibald Stuart of Caftelmilk, to 
Robert Lord Maxwell, dated 23d May 1528. The original of that 
bond of manrent, with twenty other original bonds of manrent, are 
ftill in the poffeffion of the heirs of that Robert Lord Maxwell, 
who in thofe times was a very powerful Lord, to whom many of 
the great proprietors in Scotland attached themlelves by bonds of 
manrent. The bond granted by Archibald Stuart of Caftelmilk 
was in the ufual ftyle of bonds of manrent, but with this peculiarity 
in it, that there is an exception in the following words : " Excepting 
" that I fhall not be compelled by this my bond to come with the 
" faid Robert Lord Maxwell, or ftand with him in any adtions 
" contrary to my Lord of Levenax." None of the other bonds 
of manrent to Lord Maxwell contained any fimilar claufe or 
exception, whence it appears that Archibald Stuart of Caftelmilk 
felt himfelf particularly connedted with the Lennox family, and in 
a manner preferable to every other connedion. 

(5) Arms and Armorial Bearings, and Mottos. 

A further proof of the identity of Sir William Stuart the brother 
of Sir John of Derneley, and Sir William Stuart of Caftelmilk, 
arifes from the arms, armorial bearings, and mottos of the families 
of Derneley and Caftelmilk. The arms of the Stuarts of Derneley 
and the Stuarts of Caftelmilk were precifely the fame, with the dif- 
ference only of what ferved to diftinguifti the elder from the younger 
branch of the fame family. 

With regard to the motto, Nifbet, in his Book of Heraldry, 
vol. ii. p. 24. gives an account of mottos and cries of war, and 
fays that " Cries of War, or cries de guerre, belonged anciently 
" to none but to Sovereign Princes, Dukes, Earls, great Barons, and 
" Chiefs of potent families who had the command of troops of 
" men ; by which cry they gathered them, led them on to battle, 
'* and when diftrefTed or put into confufion did rally them." The 
R R fame 



3o6 



IDENTITY OF SIR WILLIAM OF CASTELMILK, WITH 

fame author, p. 25, fays, " Cries of war are ordinarily placed a& 
*' mottos upon efcrolls above the creft, as that of France is at this 
" time placed over the pavilion of the arms of France ; as alfo that 
" of the Dukes of Lennox, ' Avant Derneky^ ever fmce the old 
" cry became the motto of the family. 

*' Many old families with us and abroad ufe their old cries in 
" place of mottos, having no ufe of them of late, the way of 
*' fighting being altered, fo that now they are only marks of great- 
" nefs and power, and continued for the antiquity and honor of 
" families." 

The above extradls from Nifbet leave no room to doubt that the 
motto of " Avant Derneley" was the crie de guerre of Sir John 
Stuart of Derneley, who went over to France about the year 1420 
or 142 1, in the rank of Conftable of the Scots army which affifted 
Charles VII., and enjoyed during many years a diftinguifhed mi- 
litary command in that country. His brother William Stuart 
went to France at the fame time, and during many years diftin- 
guifhed himfelf in military exploits, and was killed in the fame 
battle with his brother in February 1429, during the fiege of Orleans. 

As the crie de guerre or motto of the elder brother Sir John 
Stuart of Derneley was " Avant Derneley" it was not unnatural 
that the motto of the immediate younger brother William and his 
defcendants fhould be " Avant" leaving out the word Derneley as 
belonging only to the elder branch. 

When therefore we find that the motto of the Stuarts of Caftel- 
milk, defcended from the firft Sir William Stuart of Caftelmilk, 
has uniformly been " Avant," as far back as can be traced, this 
may be allovN^ed to add to the other circumftances in fupport of the 
identity of Sir William Stuart of Caftelmilk, with Sir William Stuart 
the brother of Sir John of Derneley. 

It is remarkable that of all the families of the Stuart name, none 

but the Stuarts of Caftelmilk have been in poflefTion of the motto 

*' Avant ;" in which motto there is every appearance of an allufion 

9 to 



SIR WILLIAM, THE BROTHER OF DERNELEY. 

to " Avant Dcnieky" the motto or crie de guerre of the eldeft 
branch of the Derneley family. 

(6) The Military Tenure by which the Lands 
of Caftelmilk were hel-d by the Stuarts of Caf- 
tehnilk, under the Stuarts of Derneley. 

The foUowuig particulars may alfo be confidered as deferving a place 
in the enumeration of circumftances of coincidence or agreement ; 

The Forty Merk Lands of Caftelmilk in Annandale, as appears 
from the old charters, were held by the Stuarts of Caftelmilk of 
and under the Stuarts of Derneley, by the military tenure of ward- 
holding, by which the vaflal was bound to attend his Superior in wan 
There is the moft precife and unqueftionable evidence that Sir 
John Stuart of Derneley was attended by his brother Sir William 
Stuart in his warlike expeditions in France : he was his faithful 
companion in all enterprifes of hazard. This increafes the proba- 
bility that this Sir William was the proprietor of the lands of Caf- 
telmilk ; by the military tenure of which he was bound to attend 
his brother Sir John of Derneley in his military expeditions. 
Can it be fuppofed that Sir John Stuart of Derneley would not have 
carried to France with him his military vaftal of the lands of Caf- 
telmilk ? It is certain that he carried with him his own brother 
Sir William Stuart ; and if the vaflal in Caftelmilk had been a dif- 
ferent perfon from that Sir William Stuart, then the confequence 
would be, that Sir John Stuart of Derneley had carried with him to 
France two Sir William Stuarts ; and fome mention would have 
been made of both of them in the French records and hiftories of 
that period ; but in thefe records and hiftories there is no mention 
of any William Stuart, excepting William the brother of Sir John 
Stuart the Conftable of the Scots army, of whom frequent mention 
is made. There is therefore no evidence, or fhadow of probability 
that Sir John Stuart had carried with him to France any other 
R r 2 Sir 



307 



IDENTITY OF SIR WILLIAM OF CASTELMILK, WITH 

Sir William Stuart befides Sir "William his own brother ; which 
affords an additional circumftance in the chain of evidence, for 
fhewing that Sir William Stuart, the military vaflal of Sir John 
Stuart of Derneley in the lands of Caftelmilk, muft have been Sir 
William, the brother of that Sir John Stuart who was the Superior 
of the lands of Caftelmilk. 



(7, 8) Sir William Stuart, killed and buried in France. 

All authors agree, and it is afcertained beyond a doubt, that after 
the battle des Harans, in which both the brothers Sir John and Sir 
William were killed, their bodies were carried to Orleans and in- 
terred with great funeral pomp in the cathedral church of St. Croix 
of Orleans, in the chapel of Notre Dame Blanche, behind the choir^ 
where, in confequence of a foundation made by Sir John Stuart, 
a mafs was faid daily for him and for his family ; and that mafs, 
known by the defcription of the Scotch Mafs, was continued to be 
faid daily down to the prefent times. The bodies of Sir John 
Stuart of Derneley and of his brother Sir William Stuart never 
were brought to Scotland, but remained in France : and fome ad- 
ditional evidence of the body of Sir William Stuart of Caftelmilk 
having remained in France arifes from 

The Mafs founded in 1473 by Matthew Stuart, fon of 
that Sir William Stuart, and the inference from it. 

Matthew Stuart, of Caffiltoun, Caftelmilk, and Fynnart, fon of 
the faid Sir William Stuart of Caftelmilk, made a donation in the 
year 1473, to the Convent of the Predicant Friars of Glafgow of 
ten merks yearly, for a mafs to be faid for his foul, and for the 
fouls of his " mother and bairns, whofe bones refted in that 
*' convent." The terms here made ufe of are deferving of at- 
tention ; for it appears from thence, that the mother and children 
of the faid Matthew Stuart had been buried in that convent, but 



SIR WILLIAM, THE BROTHER OF DERNELEY. 

mt his father. This is perfedly confiftent with the known efta- 
bliflied fad of Sir William Stuart having been buried in a foreign 
country, and of his bones remaining at Orleans, where a mafs was 
eftabliflied for the fouls- of Sir John Stuart of Derneley's family. 
But it would be difficult to be accounted for upon the fuppofition 
of Sir William Stuart's having died in Scotland ; as in that cafe 
the prefumption would be that he would have been buried in the 
fame convent where it appeared that his wife and children had been 
buried, which was the convent of the Predicant Friars at Glafgow. 
And it is to be obferved, that the Derneley family had a particular 
attachment to that convent ; for the firft Sir John Stuart of Derneley 
executed a deed in September 141 9, before his fetting out for France, 
by which he mortified to the Predicant Friars of Glafgow two bolls 
of corn and two bolls of bear from the mains of Cruxton, and two 
bolls of meal from the mill of Derneley ; and Alan Stuart, the fon 
and heir of Sir John Stuart of Derneley, granted a deed, 19th of 
January 1433, by which he mortified to the faid Predicant Friars of 
Glafgow twenty fhillings yearly out of the lands of Cathcart ; and 
there are other proofs of the connexion between the Derneley fa- 
mily and that convent *. 

(9) The Progress of the Title Deeds relating to 
the Superiority and Property of the Lands of Caflel- 
milk, clearly indicate that Sir William Stuart's 
Right to the Property of the Lands of Caftelmilk 
muft have proceeded from Sir John Stuart of 
Derneley. 

It has been fhewn, that in 1387 Sir John Stuart was Dominus 
de Cajlelmilk ; and that he had made up his titles to thefe 

* Thefe three deeds of mortification by Sir John ami Alan Stuart, and by Matthew 
Stuart, are in the pofTefTion of the Univerfity of Glafgow, who fucceeded to the re- 
venues of the Predicant Friars of Glafgow. 

lands, 



309 



IDENTITY OF SIR WILLIAM OF CASTELMILK, WITH 

lands, and had been received by the Lord of Annandale, the 
Superior, as his vafTal therein. 

It has alfo been Ihewn that thefe lands were in non-entry from 
the death of Sir John Stuart in February 1429 till the year 1468, 
when his grand fon John Stuart, Lord Derneley, was received 
by the Duke of Albany, then Lord of Annandale, as his vaffal 
therein. 

Upon the forfeiture of the Lords of Annandale, that lordfliip 
vefted in the Crown, and it has likewife been (hewn that Matthew 
Stuart, Lord Derneley and Earl of Lennox, fon of the faid Joha 
firft Lord Derneley, and great-grandfon of the firft Sir John 
Stuart, made up his titles to thefe lands of Caftelmilk in the year 
1496, as vaflal therein to the crown. 

The manner in which the fucceffors of the faid Matthew Lord 
Derneley made up their titles to thefe lands of Caftelmilk has alfo 
been ftated, from whence the connexion of the Stuarts of Derneley 
and Lennox with the lands of Caftelmilk, at every period from the 
year 1387, down to the commencement of the laft century, or at 
leaft till the time of the forfeiture of Matthew Earl of Lennox in 
the fixteenth century, is very apparent. 

On the other hand, all the defcendants from Sir William Stuart 
of Caftelmilk, who is mentioned in the year 1398 by Rymer, have 
in their feveral generations been fpecified in the preceding Hiftory and 
in the Genealogical Table connedted with it ; and it has been fhewn 
that the fame lands of Caftelmilk in Annandale, to wit, the Two- 
thirds or Forty Merk Lands of Caftelmilk, whereof the fuperiority 
was enjoyed by the Stuarts of Lennox, were conftantly en- 
joyed in property by the defcendants from the faid Sir William 
Stuart, who uniformly took the title of Stuarts of Caftelmilk, 
though they occafionally took the titles alfo of Fynnart, or Fynnart 
Stuart and Cafliltoun ; and that thefe Stuarts, the proprietors of 
Caftelmilk, made up their titles to the lands, not by charters or pre- 
cepts from the Lords of Annandale, but by charters or precepts of 

dare 



SIR WILLIAM, THE BROTHER OF DERNELEY. 

dare conjlat from the Derneley or Lennox family as their immediate 
fuperiors. 

If Sir William Stuart of Caftelmilk had been a perfon different 
from Sir William Stuart the brother of Sir John Stuart of Derneley, 
then it is prefumable that in the hiftories or records of Scotland, fome 
traces would have appeared of a family of the Stuarts of Caftelmilk 
different from the Stuarts of Derneley, and anterior to the time 
either of Sir John Stuart of Derneley, or of Sir William Stuart of 
Caftelmilk ; but no traces are any where to be difcovered of any 
perfon of the name of Stuart having been conneded with the lands 
of Caftelmilk before the Stuarts of Derneley. And as the firft ap- 
pearance of Sir William Stuart under the title of Caftelmilk was in 
the year 1398, at which time it is certain that Sir John Stuart had 
a brother of the name of William, who was a Knight (Miles), the 
matter comes to the fhort iffiie before-mentioned ; to wit, there 
being a certainty that Sir John Stuart had a brother of the name of 
William, and a certainty alfo, that the property of the lands of 
Caftelmilk which had belonged to Sir John Stuart was transferred 
to a Sir William Stuart, whether is it prefumable that Sir John Stuart 
made this grant in favor of his own brother William, or in favor of 
another William Stuart with whom he had not the fame connexion? 
But before there is room even for this queftion, it would be requifite 
to give fome fatisfadory evidence of the exiftence at that period of 
another Sir William Stuart, and of fome circumftances relating to 
him, fuch as could induce a probability that he might be the pro- 
prietor of the lands of Caftelmilk. 

It muft alfo be fuppofed, that this other Sir William Stuart, 
though different from the brother of Sir John Stuart of Derneley, 
united in his perfon all the various circumftances of coincidence and 
refemblance to Sir William Stuart the brother of Sir John, which 
have been above-mentioned as having exiftcd between the brother 
of Sir John and Sir William Stuart of Caftelmilk, 

As 



IDENTITY OF SIR WILLIAM OF CASTELMILK, WITH 

As there is no proof or probability in favor of any of thefe fup- 
pofitions, the co-exiftence of all of them becomes in the higheft de- 
gree incredible ; and yet nothing (hon of the co-exiftence of fo 
many improbable events could fupport the fuppofition of Sir Wil- 
liam Stuart of Caftelmilk being a different perlon from Sir William 
Stuart the brother of Sir John Stuart of Derneley ; while on the 
other hand, all the known and afcertained circumftances of the cafe 
clearly point out the indentity of thofe two Sir William Stuarts, and 
in this manner afford a natural, eafy, and confiftent folution of a 
queftion, which would otherwife be involved in endlefs difficulties 
and inconfiftencies. 



(lo) The Concurrence of various Authors concern- 
ing the Relationship between Sir John Stuart of 
Derneley and Sir William Stuart of Caftelmilk. 

Sir Robert Gordon of Gordonftoun, who was reckoned a good 
antiquary, wrote in the laft century a Hiftory of the Family of 
Sutherland, in the courfe of which he has given a pretty full ac- 
count of the Derneley and Lennox family ; and in that account he 
mentions Sir John Stuart of Derneley and three of his brothers, 
one of them of the name of William ; after the mention of whofe 
name, the manufcript has thefe words : " This William was flain 
" at the battle of Verneuil in the year of God 1424; of whom 
" the family of Caftelmilk is defcended." 

This Sir Robert Gordon lived about one hundred and fifty years 
ago ; was one of the commifTioners appointed by King James VI. 
of Scotland for managing the affairs of James Duke of Lennox, 
who fucceeded in July 1624 to his father Efme Duke of Lennox ; 
and thereby had accefs to the papers 6f the Derneley family, and 
opportunities of being acquainted with the hiftory of the dif- 
ferent branches of that family. His teftimony therefore, with 

regard 



SIR WILLIAM, THE BROTHER OF DERNELEY. 

regard to William of Caftelmilk being a brother of Sir John Stuart 
of Derneley, is entitled to fome weight. 

With regard to William Stuart being killed at the battle of Ver- 
neuil in France, that is evidently a miftake of the battle where he 
v:as killed ; which might eafily happen from knowing in general 
that he was killed at a battle in France ; a miftake as to the precife 
batde where it happened was of no confcquence, and does not leffen 
the weight of his teftimony as to the more material fad, that of 
William's being the brother of Sir John Stuart of Derneley, and the 
anceftor of the Stuarts of Caftelmilk. 

There has been dlfcovered among the Harleian manufcripts at the 
Britifh Mufeum, No. 2218 of the catalogue, an heraldical book, 
containing a pedigree of the Stuarts from the earlieft ages, in 
which there is the following article relating to Sir John Stuart of 
Derneley and Sir William Stuart of Caftelmilk, where they are placed 
as brothers thus : 

" John Stuard, Conftable of Scot " WilUam Stuard of CaJicU 

*' land, Earl of Evreux in France, " w/ZZf, bore Stuard ■within a 
" bore France within a border gules, " border engrailed gules." 
" femy of buckles Or, quarterly, with 
" Stuard within a border gules." 

It appears that the manufcript in which the above article is found, 
was bequeathed to Lord Oxford by Mr. Hugh Thomas; and as 
Lord Oxford died in the year 1724, it muft have been written be- 
fore that period, and may have been copied by Mr. Hugh Thomas 
from fome writing or inftrument of a much more ancient date. 

There has alfo lately been difcovered in the library of Calus Col- 
lege at Cambridge, a Book of Genealogies, referred to in tlie printed 
index of manufcripts in heraldry, given to the College by Dr. fob 11 
Knight, Serjeant Chirurgeon to King Charles II. This Book of 
Genealogies, which is written Very diftindly and neatly bound, !,s 
marked on the back with the number 12 19, and on p. ^-4, 
S s there 



y^l 



IDENTITY OF SIR WILLIAM OF CASTELMILK, &c. 

there is a pedigree of the Stuarts, beginning with the period 
of Walter the Stewart who married the daughter of King Robert 
Bruce, tracing the pedigree of the Stuarts of Derneley and Len- 
nox, and ending with Charles Duke of Richmond and Lennox, 
who died in the year 1672, in the time of King Charles IL In the 
courfe of that pedigree there is the following article relating to John 
Stuart and William Stuart, who are there placed as brothers : 



" Joannes Stuart, Scotise 
' Coneftabularius, Comes de 
' Evreux." 



" Gulielmus Stuart, Dominus 
de Caftlemilk." 



From the comparifon of the Genealogy thus found in Caius 
College at Cambridge, with that found in the Britifh Mufeum 
among the Harleian manufcripts, it is very evident that the one has 
not been copied from the other ; for they are drawn up on a dif- 
ferent plan, and in many particulars they differ from each other : 
but in this they concur, that in both of them. Sir William Stuart of 
Cajldmilk is ftated to be the brother of Sir John Stuart of Der- 
neley. 

It is admitted, that the fads thus ftated in genealogical books, 
would not of themlelves afford any fufficient or conclufive proof; 
but when they happen to coincide with a variety of other proofs of 
a more unqueftionable nature, they are entitled to fome weight in 
the fcale of evidence ; and at any rate, they fhew that the idea of 
Sir John Stuart of Derneley and Sir William Stuart of Caftelmllk 
being brothers has not taken rife in modern times, nor with thofe 
who may now have an interefl: in eftablifhing that fadl, and who till 
very lately were totally ignorant of the Genealogies found at the 
Mufeum and in Caius College in Cambridge. 



[ 3iS ] 

State of the Competition for the Representation 
of the Derneley and Lennox Families. 

Every perfon claiming to be defcended from Sir William Stuart, 
the brother of Sir John Stuart of Derneley, and through that channel 
claiming to be confidered as the heir male and reprefentative of the 
Derneley and Lennox families, muft be equally interefted in the whole 
of the preceding difcuffions ; and particularly in what has been ftatei 
for proving the identity of Sir William Stuart of Caftelmilk with Sir 
William Stuart, the fon of Sir Alexander and the brother of Sir John 
Stuart of Derneley ; for without eftabllfhing that point, all their 
pretenfions muft fall to the ground. 

There are only two families in Scotland who pretend to be de- 
fcended from Sir William Stuart of Caftelmilk, or from Sir William 
the brother of Sir John Stuart of Derneley ; thefe are, the Earl of 
Galloway's family, and the family of the Stuarts of Caftelmilk in the 
county of Lanark. No other competitors have hitherto appeared. 

On the part of the Earl of Galloway, there has been printed and 
circulated about two years ago, a paper intitled " A View of the 
" Evidence for proving that the prefent Earl of Galloway is the 
" lineal Heir Male and "lawful Reprefentative of Sir William Stuart 
" of Jedworth, fo frequently mentioned in hiftory from the year 
" 1385 to the year 1429." 

In that paper the writer of it concurs "with the Stuarts of Caftelmilk 
in maintaining, that Sir William Stuart of Caftelmilk was the brother 
of Sir John Stuart of Derneley ; but he goes further, by fuppofmg 
that Sir William Stuart of Jedworth and Sir William Stuart of Caftel- 
milk were one and the fame perfon : in fliort, it is alleged on the 
part of Lord Galloway, that Sir William Stuart of Jedworth was 
the proprietor of the eftate of Jedworth in Tiviotdale, and of the 
eftate of Caftelmilk in Annandale ; and that in confequence thereof, 
he was fometimes defcribed of Jedworth and at other times of 
s S 2 Caftc!- 



STATE OF THE COMPETITION, &c. 

Caftelmilk. Thefe fads being affumcd, that paper proceeds to ftate 
that Sh- William Stuart of Jedworth and Caftelmilk had two fons ; 
to wit, Sir John Stuart the eldeft fon, who married the heirefs of 
Dalfwinton, of which marriage the Earl of Galloway is defcended ; 
and a fecond fon. Sir William Stuart of Caftelmilk, from whom 
the prefent family of the Stuarts of Caftelmilk in Lanarkfhire are 
fuppofed to be defcended. In the faid paper, on the part of Lord Gal- 
loway, it is related that thefe lands of Caftelmilk were, during fome 
time, enjoyed by Sir John Stuart of Dalfwinton the eldeft fon, as well 
as the lands of Dalfwinton and Jedworth j and that upon his death 
they went to his younger brother William, the anceftor of the 
prefent Stuarts of Caftelmilk. 

Accordingly, there is on p. 37 of that paper, a pedigree of the 
Derneley family, commencing from Sir Alexander Stuart of Derne- 
ley in the year 1370 ; in which pedigree Sir John Stuart of Der- 
neley, and Sir William Stuart of Jedworth and Caftelmilk, are 
reprefented as brothers ; and it is ftated, that there were two fons of 
that Sir William Stuart of Jedworth ; to wit, John Stuart of Dal- 
fwinton, the anceftor of the Earl of Galloway, and Sir William 
Stuart of Caftelmilk, the anceftor of the Stuarts of Caftelmilk in the 
county of Lanark. The fame thing is repeated in another more full 
pedigree of the Derneley family, which is fubjoined to the faid 
printed paper drawn up on the part of the Earl of Galloway, 

The Author of this prefent Genealogical Hiftory having beftowed 
feveral years in the inveftigation of what relates to the Derneley 
family, and in tracing the different branches of that family, is ready 
to admit, that if it can be eftabliftied by an authentic inftrument> 
or by any thing deferving the name of folid good evidence, that Sir 
William Stuart of Jedworth was the fon of Sir Alexander, or the 
brother of Sir John Stuart of Derneley, Or that he poflefted the lands 
of Caftelmilk, as well as thofe of Dalfwinton and Jedworth, and in 
confequence thereof was fometimes defigned of Jedworth^ and at 
3 other 



STATE OF THE COMPETITION, kc. 

other times of Cajlelmllk ; then and in either of thcfe cafes, he 
fliould be of opinion, that the prefent Earl of Galloway muft be the 
undoubted heir male and reprefentative of the Derneley family on 
the failure of Cardinal York, the laft of the male defcendants from 
Sir John Stuart of Derneley : for it is very well afcertained that 
the Earl of Galloway is defcended from, and is the true heir male 
and reprefentative of Sir William Stuart of Jcdworth, whofe fon 
John married the heirefs of Dalfwinton. 

But the Author has feen no fatisfadtory evidence of fome of the 
affumed fails above-mentioned, and therefore cannot admit, either 
that Sir WiUiam Stuart of Jedworth was the fon of Sir Alexander 
Stuart of Derneley, or that Sir William Stuart of Jedworth ever was 
poffefled of the lands of Caftelmilk, or ever enjoyed the thle of 
Caftelmilk ; on the contrary, the courfe of the evidence which has 
fallen under his confideration, neceflarily decides his opinion and 
leads him to maintain, that Sir William Stuart of Caftelmilk, the 
brother of Sir John Stuart of Derneley, was quite a different perfon 
from Sir William Stuart of Jedworth ; and the authority of various 
concurring proofs and circumftances compel him alfo to maintain, . 
that Sir William Stuart of Jedworth could not poffibly be the fon 
of Sir Alexander, or the brother of Sir John Stuart of Derneley, 
though it may be true, and indeed it feems highly probable, that Sir 
William Stuart of Jedworth was defcended from the fame ftock 
with the Stuarts of Derneley ; but he muft have come from that 
ftock fome generations antecedent to the time of Sir Alexander Stuart 
of D.erneley. Various authors indeed have exprefsly faid, that Sir 
William Stuart of Jedworth, the anceftor of the Earl of Galloway, 
was defcended from Sir John Stuart of Jedworth, a younger fon of 
Sir John Stuart of Bonkill, which Sir John laft mentioned was the 
anceftor likewife of the Derneley family. 

With regard to the time of the death of that Sir Williani Stuart 
of Jedworth, it will be found to be totally irreconcileable with the 

fuppofition 



317 



ji8 STATE OF THE COMPETITION, &c. 

fuppofition of his having been the brother of Sir John Stuart oi 
Derneley, whofe brother Sir William certainly loft his life in France 
in the year 1429. But Sir William Stuart of Jedworth had been 
taken prifoner by Hotfpur Percy at the battle of Homildon, on the 
14th of September 1402, and was foon thereafter, at his inftigation, 
tried, condemned, and executed as guilty of high treafon againft the 
King of England,' upon the pretence that he was a fubjed: of that 
monarch, having in his early youth belonged to the county of 
Teviotdale, while it was fubjed: to the Englifh Crown. The par- 
ticulars of his trial, condemnation, and execution are minutely re- 
lated in the Scotichronicon, vol. ii. p. 434 * ; where it is mentioned, 
that Sir William Stuart, therein defigned Sir William Stuart of 
the Foreft, which meant the fame thing as of Jedworth, or Jedworth 
Foreft, had very ably pleaded his own caufe, and that he had been 
acquitted by the three firft juries appointed to try him, but that a 
fourth jury was aflembled, which very unjuftly condemned him. 

The fame fads of Sir William Stuart's being taken prifoner, tried, 
condemned, and executed, with further particulars, are related by 
Winton in his Chronicle of Scotland ; where he is defcribed Sir 
WilHam Stuart of Teviotdale. 

Winton's Chronicle, whereof the author was a Canon Regular of 
St. Andrews, and Prior of the monaftery of Lochleven, was com- 
pofed between the years 1408 and 141 8: the lateft event noticed 
by him is a tranfadion of the year 1418 ; and he died about the 

* " Captus ibi fuit valens Miles, et inter fapientes primus, Dominus Willielmus 
" Stuart de Forefta ; et coram Domino Henrico Percy juniore de traditione falfo ad- 
" judicatus, pro eo quod, cum puer eiT.t, antequam Thevldalia venit ad pacem regis, 
" ipfe ficut ceteri de Patria, Anglicatus erat et de neceffitate ; de hoc acrius accu- 
" fatus, fed fagaciter fua propria peroratione defenfus, tres Anglorum aflifas tanquam 
*' immunis evafit, fed et didlus Percy, qui Hotfpur dicebatur, inveterata excandcfcens 
*' malitice probitati nimlum, et fapientis militis invidens, non pafTus eft ipfum fic 
<' libertate donari ; fed et de alTentatoribus fuis nova affifa e!e£ta pra^propere, et per- 
" peram condemnatur, et tanquam traditor, traflus et demembratus innocens martyr • 
" pro juftitia paffus a pkrifque etiam Anglis reputatus eft." 

year 



STATE OF THE COMPETITION, &c. 

year 1424. The continuation of the Scotlchronicon by Walter 
Bowmaker, Abbot of St. Colomb, muft have been written at 
fome period between the year 1385, when he was born, and 
the year 1449, when he died. Both thefe authors, therefore, 
muft have been well qualified to write an account of events fo 
recent as thofe of the battle of Homildon and the trial and execution 
of Sir William Stuart, which had happened in their own time. ' 
There is internal evidence that the one author did not copy from the 
other ; and further there is reafon to believe, that neither of them 
could have had an opportunity of feeing the works of the other : 
they differ in fome of the circumftances, but they are both 
agreed, and affirm with certainty, that Sir William Stuart was 
taken prifoner at that battle, and that he was tried, condemned, 
and executed foon thereafter ; and that Hotfpur Percy was the 
principal caufe of his condemnation. It muft have happened then 
in the period between the 14th of September 1402, the date of the 
battle of Homildon, and the 21ft of July 1403, the date of the 
battle of Shrewfbury, when Hotfpur Percy was killed *. 

There 

* Winton's Chronicle in manufcript had long been held in eftimation, and referred 
to by hiftorians and antiquaries, on account of the author's veracity and charafler.— 
That Chronicle was, according to the fafhion of remote times, written in a fort of 
verfe; and on pages 401, 402, 403, of volume ii. of the lately printed edition, after 
mentioning the battle of Homildon, there is the following account of what rel.itcd to 
Sir William Stuart : 

" Schire William Stewart of Teuiidale 

" That day wes tane in that batale, 
. • ■ < ■ <' And ane-uthir gud Sqwyere, 

" That be name wes cald Thorn Kere. 

" This Schire Henry de Percy 

" Tha twa demaynit unlauchfully : 

" As in jugemente fittand he 

" Gert thir twa accufit be, 

" That thir twa before then 

" Had bene the King of Ynglandis men, 

" And armyt agane hym ware : for-thi 

" Thai ware accufit of tratowry. 



STATE OF THE COMPETITION, &c. 

There can be no reliance on any hiftorical fa 61 whatever, if credit is 
not due to this fa£t relating to Sir William Stuart, afcertained as it 
is by contemporary authors of great reputation, who could have no 



" Sua in coloure of juftis, 
<« Set it wes nane, he rafit aflis. 

«' Ane aflis firft maid thaim qwyte ; i 

" Bot this Percy wyth mare difpyte 
" To this afis ekyt then 
*' Mare malitious felone men, 
<' That durfl; nocht do, but all as he 
« Wald ; fwa behovit it to be. ' '' 

" Than accufit he thir tvva men , 
" Sarare fer, than before then. 
»< Be this accufatioune 
" Of dede thai thollt the paflioune : 
" And of thare quarteris he gcrt be fet 
«' Sum in-til York upon the yet. 
•' In-til Yngland wes a man, 
<' That oft oifit to fpeke than 
*' Syndry thingis, or thai fell, 
" Bot of quhat fpirite, I can-nocht tell : 
** Quhen he hard, as this wes done, 
" Quhare hym likyt, he faid rycht fone 5 
♦' ' Men may happyn for to fe, 

<« ' Or a yere be gane, that he, ■ '. 

»' ' That gert yone lym be yondyr fet "■ ' : 

" ' Now apon yon ilke yhet, 
« ' His awyn lym to be rycht fwa, 

«' ' Swa may fal the gamyn to ga.' . ... ; 

" And fwa it hapynt that deid done, ■ • 

" As yhe fal here eftyr fone." 

George Crawfurd In his manufcript " Genealogical and Hiftorical Dedudion of the 

•" Stuarts of Dalfwinton and Garlies, now Lords Garlies and Earls of Galloway," 

not only afTerts the faft of Sir William Stuart of Jedburgh being the paternal an- 

ceftor of the Earl of Galloway -, but alfo concurs with Winton and the Scotichroni- 

con, that he was taken prifoner at the battle of Homildon in the year 1402 ; and that 

at the inftigation of Hotfpur Percy he was tried, condemned, and executed foon 

thereafter. G. Crawfurd beftows much praife and admiration on Sir William Stuart 

as an heroic and patriotic charafter, but admits that he had raifed the refentment of the 

Percy family by his hoftile incurfions and devaftations of their eftates in Northumberland. 

induce- 



STATE OF THE COMPETITION, c\c. 

mducement to falfify the faft ; and who, if they had invented the 
ftory of the trial and execution of Sir WilUam Stuart, could fo 
eafily have been detected ; which would have ruined their charac- 
ters for veracity, and deftroyed the credit of the hiflories they were 
then giving to the public. Sir William Stuart alluded to by thefe 
hiftorians was a great and diftinguifhed charadler in thofe times, 
and fo eminent both in Scotland and in England, that what related 
to him muft eafily have been known. If he had not been taken 
prifoner at the battle of Homildon, or had not been tried, condemned, 
and executed foon thereafter, but on the contrary, had lived many years 
after that period, as is dated in the faid publication on the part of 
Lord Galloway ; it would have been a moft ridiculous attempt for 
any contemporary author to endeavour to perfuade the world that 
Sir William Stuart, then alive, had been tried, condemned, and exe- 
cuted immediately after the battle of Homildon in the year 1402. 

If credit is given to this fad of Sir William Stuart's being put to 
death in the year 1402 or 1403, as related in the Scotichronicon 
and by Winton ; which credit cannot eafily be withheld by any man 
of judgment and impartiality ; then it is totally impoffiblc that he 
could ever have attended Sir John Stuart of Derneley to France in 
1420 or 142 1 ; or that any of the adlions defcribed as belonging to 
Sir William Stuart, the brother of Sir John of Derneley, could have 
been applicable to this Sir William Stuart, whofe career of life was 
finifhed in 1403. 

The competition between the Earl of Galloway and the Stuarts 
of Caftelmilk, for the reprefentation of the Derneley family, 
will be brought within a narrow compafs ; for it will depend on 
this point, which of them fhall be able to prove, by the moft un- 
queftionable evidence, that he is defcended from Sir William Stuart 
the brother of Sir John Stuart of Derneley. 

The remaining part of this Genealogical Hiftory fliall be de.llcated 

to tracing and proving the pedigree of the Stuarts of Caflchnilk in 

T T the 



322 



STATE OF THE COMPETITION, &c. 

the county of Lanark, from Sir William Stuart of Cafteknllk, the* 
brother of Sir John Stuart of Derneley, down to the prefent time. 
It is from that Sir William Stuart that they claim to be lineally de- 
fcended, without conneding their pedigree in any fliape with that of 
Sir William Stuart of Jedworth. As every link in the chain, and the 
proofs in fupport of them, will thus be laid before the Public, it will 
not be difficult for a difcerning reader to judge of the fufficiency or 
infufficiency of thefe proofs. Neither does the Author of thefe fheets: 
grudge the advantages which the Earl of Galloway or any future 
competitor may derive from thus laying open to them by this pub- 
lication, all the grounds on which the family of the Stuarts of 
Caftelmilk mean to found their pretenfions to the reprefentation of 
the Derneley family. 

In matters of this fort, the only fair and proper objed is, thatf 
the truth fhould be afcertained, whether favorable or unfavorable 
to one family or another ; and if any competitor ventures to pro- 
duce a pedigree or ftate of fa£ts not qualified to ftand the teft of 
the ftridieft examination, he muft take the confequences ; ill 
founded pretenfions will juftly be fet afide to make way for thole 
of other competitors. 

In all events, the perfon who, after the ftrideft inveftigation of 
the evidence, fhall finally be the fuccefsful competitor for the 
honor of reprefenting the Derneley family, will at leaft have one 
obligation to the Author of this Genealogical Hiftory, that he will 
find the hiftory of the Derneley and Lennox families cleared from 
a great deal of rubbifh, by which means every competitor will be 
affifted in fhaping his courfe with more precifion, and with much 
lefs trouble and hazard than muft otherwife have fallen to his ftiare ; 
particularly he will be faved the trouble of refuting many grofs 
errors and inaccuracies, with which the hiftory of the Derneley and 
Lennox families had been perplexed by the Genealogical Writers, 



GENEALOGICAL HISTORY 

OF 

"THE srETFJRTS. 



PART SEVENTH. 

Comprehending the Period from the Year 1398, at 
which Time Sir William Stuart of Caftelmilk is 
mentioned in Rymer's Foedera, down to the prelent 
Year 1798 ; fhewing the fucceflive Reprefentatives of 
the Caftelmilk Family during that Period, com- 
mencing with the faid Sir William Stuart of Caftel- 
milk, the Brother of Sir John Stuart of Derneley, 
with References to the Proofs. 



NINTH GENERATION RESUMED, from the firjl WALTER 
Son 0/ Ala-n the High Stewart. 

Sir WILLIAM STUART of Caftelmilk, fecond Son of Sir Alex- 
ander Stuart of Derneley. 

THE Proofs relating to this Sir William Stuart have been fo fully 
ftated in Part Third, and in the Difculhon immediately pre- t 
ceding, that little remains to be added here on that fubjed:. It will be 
fufficient to mention briefly fome articles of evidence relating to him, 
for the purpofe of bringing under view the Proofs of his cxiftence 
at different period towards the clofe of the fourteenth and the be- 
ginning of the fifteenth centuries. 

t T 2 PROOFS. 



irjohn 



SIR WILLIAM STUART OF CASTELMILK, 

^ PROOFS. 

Rymer's Foedera Anglian, torn. viii. p. 58, where Sir William 
vifi. Stuart of Caftelmilk is named as one of the fureties given on the 
part of Scotland for the prefervation of the peace of the Weftern 
Marches of Scotland, in confequence of a truce or treaty of peace 
agreed upon between England and Scotland in the year 1398. The 
defcription of him in Rymer's Foedera is, " WiUielmus Senefcal de 
" Cajlcbnylke, Miles ;" and the other fureties with him were Sir John 
de Johnftoun, (anceftor of the late Marquis of Annandale,) Sir John 
lile, &c. 
Thischarteris Original charter bv Archibald Earl of Douglas, therein defcribed 

amangft the ° ^ ° 

papers belong. Lord of Galloway and of Annandale, to John de Park and Janet 
Chifholme, his fpoufe, of the lands of Gilbertfield in the barony of 
Drumfargat, in the fhire of Lanark, the tefting claufe of which 
charter is in thefe words : " In cujus rei teftimonium, huic prafenti 
*' cartae noftrs figillum noftrum fecimus apponi, apud caftrum 
" noftrum de Bothwell, his teftibus, Dominis Willielmo de Haya 
" de Loucherwart, Willielmo de Borthwick de eodem, Willielmo 
" Senefcalli de Cqftelmylke^ Militibus^ confanguineis nojtris dile&is, 
*' Magiftris Alexandris de Cairns prsepofito de Lyncluden, Mathseo 
" de Geddes et Jacobo de Fawfide ecclefiarum BeatJe Marise de 
*' Forrefta et de rivale redoribus clericis noftris, cum aliis multis." 

There can be no doubt that Sir William Stuart of Cauelmilk, here 
mentioned as a witnefs, was the fame Sir William Stuart of Caftel- 
milk, Knight, who had been mentioned in Rymer's Foedera in the 
year 1398. But this charter by the Earl of Douglas does not fpecify 
any precife date ; and the queftion is, Upon what date, or in what 
year it was granted, and particularly whether it was granted before 
or after the year 1409 ? The folution of which queftion happens to 
be of fome confequence, for the reafons to be immediately men- 
tioned. 

. ' - .It 



SIR WILLIAM STUART OF CASTELMILK, 

It will be found that the contents of the charter, and the feal 
appended to it, afford folid ground for afcertaining pretty nearly the j. 
date of it, or at leaft for proving that it muft have been granted 
fubfequentto the year 1409. 

In the charter above-mentioned in favor of John de Park, the 
Earl of Douglas is defcribed as Lord of Galloway and Qi A7inandak\ 
it muft therefore have been granted fubfequent to the time when 
that Earl of Dou,':,!cis was firft created Lord of Annandale. 

Nothing can be more certain than that the Earl of Douglas's 
firft right to the lordfhip of Annandale was that which was con- 
ferred upon him by a Crown charter, dated 2d of October 1409, 
which is upon record, Roll ii. No. 47 ; it was the original grant of 
the lordftiip of Annandale to the Douglas family. This fixes the 
date of the Earl of Douglas's charter to John de Park to have beea 
fubfequent to the 2d of Otlober 1409 at leaft. But further, the ori- 
ginal grant of thelandsof Borthwickto Guliclmus de Borthwick, was 
a charter upon record, dated 4th of June 1410 ; therefore till that 
time Gulielmus de Borthwick, one of the witnefTes to the above 
charter, could not be defigned " de eodem ;" but that is his defigna- 
tion in the charter above-mentioned. His defignation before ob- 
taining the lands of Borthwick was Gulielmus de Borthwick de 
Catkine ; under which defcrlption he is one of the witnefles to the 
charter granted upon the 2d of Odtober 1409, by Robert Duke of 
Albany, as governor of Scotland, to Archibald Earl of Douglas, of 
the lordfhip of Annandale ; therefore the charter from the Earl of 
Douglas to John de Park muft have been of a date fubfequent to 
the 4th of June 1410. But the feal appended to that charter, con- 
taining the arms of Annandale quartered with thofe of Douglas, 
proves that charter to have been of a ftill later date than the month 
of June 1410. For it was not till the beginning of the year 141 1, 
at fboneft, that that Earl of Douglas had got prepared and made ufe 
of his new feal, with the addition of the arms of Annandale quartered 

with 



325 



^2(J SIR WILLIAM STUART OF CASTELMILK. 

PART with thofe of Douglas. To get a new leal prepared, fuch as was 
i^^—J....^ requifite for the Earl of Douglas, after he had obtained the grant of 
''^ ' ^^" the lordfhlp of Annandale, was in thofe days, when there were but few 
artifts {killed in workmanlhip of that nature, a work of fome time^ and 
it appears that it was more than twelve months after the date of that 
grant before the new feal was prepared and ufed. Of this there is 
good proof from two original charters ftill extant, granted by that 
fame Archibald Earl of Douglas, the firft of which charters is dated 
the 4th of November 141 o, in favor of Alexander de Cairns; and 
the other charter is dated in March 141 1, in favor of William de 
Cairns. The feais appended to thefe two charters * are ftill extant. 
The feal appended to the firft of thefe charters of the 4th of Novem- 
ber 14 10, was the feal made ufe of by the Earl of Douglas before 
he became Lord of Annandale ; but the feal appended to the fecond 
charter, dated the ift of March 141 1, contains the arms of Annan- 
dale quartered with thofe of Douglas. Hence it is evident, that the 
Earl of Douglas's charter to John de Park, to which Sir William 
Stuart of Caftelmilk is a witnefs, with the feal of the Earl of Douglas, 
as Lord of Annandale, appended to it, muft have been of a date 
fubfequent to the 4th of November 141 o ; at which time it appears 
that the Earl of Douglas had not yet got prepared, or at leaft had 
not begun to make ufe of his new feal as Lord of Annandale. 
TVisciiarter Another Original charter by Archibald Earl of Douglas, therein 
fMi^"on''of7he defigned Lord of Galloway and Annandale, to Simon Carruthers 
oiJ^'nftury, of Jvloufcwald, of thc lands of Hodholme, &c. in the lordflhip of 
an-hi^sTt Annandale, dated the 4th of December 141 1, to which charter 
X>iumani:g. -^yjjijg^jj^ Stuart, Knight, and defcribed as coufin of the Earl of 
' Douglas, is one of the witneffes. The tefting claufe of the charter 

• Thefe two original charters in favor of Alexander and William de Cairns, were 
in the year 1788 in the poffeffion of the late Mr. David Erfkine, who then (hewed 
them to the Author, for the purpofe of afcertaining that in the month of November 

1410, the Earl of Dougias eitlicr had not got prepared, ox did not make ufe of his 

ticw feal as Lord of Aiiiiandiik. 



SIR WILLIAM STUART OF CASTELMILK. ^27' 

IS in thefe words : " In cuius rei teftimonlum, huic prscfenti cart33 part 

VII. 

" noflras figillum noftrum fecimus apponi, apud Lochmaben, quarto t— — .— _j 

*' die menfis Decembris, anno Domini millefimo quadringintefimo 

*' undecimo, his teftibus, Jacobo de Douglas, Scutifero, fratre noftro 

" eariffimo, Dominis Willielmo Domino de Grseme, Willielmo de 

" Douglas de Middifdale, Willielmo de Douglas de Drumlanrig, 

'* Willielmo deHaya de Loucherwart, Willielmo de Borthwick, Um- 

" frido Jardine, WiUldmo Senefcallo, Joanne de Carlile, Thoma de 

" Moravia, et Roberti Herris, Militibtis, confanguineis noftris, ac 

" multis aliis." 

N. B. Lochmaben, at which place this charter is dated, is in the 
near neighbourhood of Caftelmilk, which belonged to Sir 
William Stuart, one of the witnefles to the above charter. 
As both thefe charters were granted by the fame Archibald Ear! 
of Douglas, Lord of Annandale, and that in both W'tlUam Stuart^ 
Miles^ defcribcd as a coufm of the Earl of Douglas, is one of the 
witnefles along with Willielmus de Haya de Loucherwart, and- 
Willielmus de Borthwick, who were alfo witnefles to the Earl of 
Douglas's charter to John de Park ; there can be no doubt that it 
was the fame Sir William Stuart of Caftelmilk who witnefled both 
charters, though his defignation of Cajlclmilk is fpecified only in one 
« of them ; in the fame manner as William de Borthwick is in one 
of the charters defcribed as " de eodem" and in the other without 
that defignation of de eodem^ that is to fay, without his defigna- 
tion. 

It is further obfervable, that the title of coufm to the Earl of 
Douglas was not given at random in thefe charters ; for in the firfl: 
of them a line is drawn between the witneflTes who were defcribed as 
eoufms of the Earl, and thofe who were not fo defcribed, the ap- 
pellation of coufm finiihing with the name of Sir William Stuart of 
Caftelmilk, though there followed the names of other three wit- 
neflTes to that charter. 

11 Thefe 



52S S^-R WILLIAM STUART OF CASTELMILK. 

PART Thefe two charters therefore by the Earl of Douglas, to which his 
t_ — .-- _j coufin Sir William Stuart, Knight, was a witnefs, prove in a fatis- 
fa£tory manner, that the fame Sir William Stuart of Caftelmilk, 
Knight, who was mentioned in Rymer's Foedera in the year 1398 
as furety given on the part of Scotland for the peace of the Weftern 
borders, was alive in the year 141 1, and enjoying the fame title of 
Sir William Stuart of Caftelmilk, Knight. If any doubt could be 
entertained whether it was the fame Sir William Stuart who was 
witnefs to the charter in favor of Simon Carruthers of Moufewald, 
• dated 4th December 141 1, ftill the other charter in favor of John 
de Park, where Sir William Stuart is exprefsly defigned '■'■ de Cajlel- 
" w/7i, Miles^^ would of itfelf be fufficient to eftablifh the fad, 
tliat Sir William Stuart of Caftelmilk was alive in the year 1411. 

The reafon why fo mtich pains has here been taken to fix thefe 
dates is, for the purpofe of refuting a very erroneous account given 
by George Crawfurd, in his Hiftory of the Shire of Renfrew, con- 
cerning the fucceflive reprefentatives of the Caftelmilk family. In 
that hiftory, p. 92, there is the following paragraph : 

" The barony of Finnart Stuart, which, in the reign of King 
" James II. by the forfaulture of the Earl of Douglas (anno 1445) 
" came to Stuart of Caftelmilk, whofe anceftor was William Stuart, 
" a younger fon of Sir John Stuart of Darnley, in the reign of 
♦' King Robert II., John Stuart of Cajlelmilk his fojt^ who lived in 
" the reign of King Robert III. is a witnefs in that refignation which 
" William Urrie made of Fultoun to the monks of Paifley anno 
" 1409. He was killed at the battle of Verneuit in France in 1424. 
" Archibald Stuart of Caftelmilk his fuccejfor, obtained the lands of 
*' Finnart Stuart in the reign of James IT. To him fucceeded Alex- 
" ander Stuart of Caftelmilk, who was retoured in thefe lands 
*' anno 1500." 

Every article in this account given by Crawfurd is grofsly erro- 
neous, and muft have been the effed cither of fhameful inaccuracy, or 

great 



SIR WILLIAM STUART OF CASTELMILK. 

great Ignorance of the title deeds and hlftoryof the family whofc hiftory 
he here pretended to give an account of In the firft place, it is not » 
true that the lands of Finnart Stewart ever belonged to the Douglas 
family ; or that they came to the Stuarts of Caftelmilk by the for- 
feiture of the Earl of Douglas ; for they belonged to the Stuarts of 
Caftelmilk before that forfeiture of the Douglas family. Neither 
is it true that William Stuart, the anceftor of the Caftelmilk family, 
was William Stuart a younger fon of Sir John Stuart of Derneley ; 
for their anceftor was William Stuart, a younger fon of Sir 
Alexander Stuart of Derneley. There is no truth in the affertion, 
that William Stuart had a fon John Stuart of Caftelmilk. And it is 
equally falfe, that a John Stuart of Cajlehnilk was killed at the battle 
ofVerneuil in France, anno 1424. It is alfo falfe, that Archibald 
Stuart of Caftelmilk, the fuppofed fucceflbr to that John Stuart, 
obtained the lands of Finnart Stewart in the reign of James II. j 
for thefe lands belonged to the Caftelmilk family before the reign 
of James IL as will be ftiewn under the next Article relating to 
David Stuart of Finnart and Caftelmilk. The affertion that Alex-= 
ander Stuart of Caftelmilk fucceeded to an Archibald Stuart of 
Caftelmilk, is alfo contrary to the fadt ; for it will be fhewn by in- 
difputable evidence that Alexander Stuart of Caftelmilk, who lived 
in the beginning of the fixteenth century, was the fon of a 
William Stuart of Caftelmilk, who was the fon of a Matthew Stuart 
of Caflsltoun, Finnart, and Caftelmilk. Hence it appears how com- 
pletely erroneous Crawford has been in every article of the above 
pedigree of the Caftelmilk family. 

The random ftate of fads thus given by Crawford has however 
ferved to miflead fome other genealogical writers, who have evi- 
dently copied from him without any corredion of his errors ; and 
it has alfo ferved in fome degree to miflead the Author of the 
printed paper before-mentioned, circulated on the part of the Earl 
v?f Galloway ; where it has been fuppofed, that the eftate of Caftel- 
u u milk 



329 



330 



SIR WILLIAM STUART OF CASTELMILK. 

milk belonged, in the year 1409, to a John Stuart mentioned as a 
J witnefs to William Urry's refignation of the lands of Fulton ; and 
taking that for granted, it is immediately aflumed as a fad, that the 
John Stuart therein mentioned, was John Stuart of Dalfwinton, the 
anceftor of the Earl of Galloway, who, without any proof, is fup- 
pofed to have been poffefled of the eftate of Caftelmilk as well as of 
the eftate of Dalfwinton ; and in order to account for the lands of 
Caftelmilk not remaining with Lord Galloway's family, it is fup- 
pofed that, after being enjoyed for a certain time by John Stuart of 
Dalfwinton, they went to his younger brother Sir William Stuart 
who, on the part of Lord Galloway, is afferted to have been the 
anceftor of the Stuarts of Caftelmilk in Lanarkftiire. 

The only foundation for all this fuperftrudlure is what George 
Crawfurd has faid concerning a Avitnefs to William Urry's refig- 
nation of the lands of Fulton in the year 1409, under the de- 
fcription of John Stuart of Caftelmilk ; from which circumftance 
George Crawfurd has inferred that this John Stuart was pro- 
prietor of the lands of Caftelmilk ; and further, without appealing to 
any evidence or authority, has taken the liberty to fend him to the 
wars in France, and to get him killed there at the battle of Verneuil 
in the year 1424. But it ihall immediately be fhewn that, even fup- 
pofing there fhould be no inaccuracy in the tefting claufe of the copy 
of William Urry's refignation of the lands of Fulton referred to by 
George Crawfurd, though there is reafon to fufpecEl inaccuracy either in 
the name or defcription of John Stuart, witnefs to that refignation * ; 

yet 

* The deed referred to is a notarial inftrumeiit drawn up by John Hawke, No- 
tary, fettiiig forth what paffed on William Urry's refigning the lands of Fulton, in 
lavor of the Abbot and Monks of Paifley, on the 9th January 1409, /he tefting claufe 
of which inftrument is in thefe words : " Prreentibiis diElh Johanne Senefcallo de Cartel - 
'< milk, Johanne Sympell, Domino Elliotfton, Domino Roberto Maxwell, Domino 
" de Calderwood, Johanne Wallas Ellerflie, Thoma de Crawfurd de Auchennanys, 
'< Johanne Logan Reftalrig, Magiftro Chriftophero Towninfret, et Domino Waltero 

" Bru«, 



SIR WILLIAM STUART OF CASTELMILK. 3,, 

yet that there are other infallible fads and circumftances which render part 
that inftrument of William Urry's of no manner of confequence in the ,_ -.-__> 
queftion about the fucceffive reprefentatives of the Caftelmilk family. ^' '^' 



" Brus, redore et vicario ecclefiarum tie Crawfurd et de Kirkpatrick GIafguenn=; 
•' diocenfis, teftibus ad premiffje vocatis fpecialiter et rogatis." 

If the above telling claufe is accurate, John Stuart, the firfl named witnefs, mu(t 
iiave been mentioned in fome preceding part of that inftrument ; for the words 
" cliHit Johanne Senefcallo de Caftehnilk" implies that he had been fo mentioned ; 
but tlierc is no mention of him any where excepting in the telling claufe : therefore 
it is evident, either that there has been in the original inftrument a claufe which 
lias been omitted in this copy of it ; or that the manner in which John Stuart 
is mentioned in the telling claufe is very inaccurate ; confequently cannot be relied 
upon as to any part of it, without feeing the original inftrument, or the true Chartu- 
lary of Paiflcy which belonged to the Monks. 

It muft be obferved, that what is called the Chartulary of Paifley from which 
that deed is copied, is not the original Chartulary which belonged to the Abbey 
of Paifley, and afterwards to the Earl of Dundonald's family, but a copy now in 
the Advocates' Library at Edinburgh, which formerly belonged to Richard Hay of 
Drumboote, who does not mention how he came by it, nor upon what grounds the 
accuracy of it may be depended upon. It would be requifite, therefore, before 
giving complete reliance to the accuracy of the deeds there inferted, either to fee 
the original deeds themfelves which authorifed that infertion, or to have fome evidence 
that Richard Hay's copy of the Chartulary had been compared with that which 
belonged to the Abbey of Paifley. 

This circumftance above-mentioned gives reafon to think that there muft be fome 
inaccuracy or omiffion in the copy of William Urry's refignation, inferted in Richard 
Hay's copy of the Chartulary of Paifley in the Advocates' Library ; and if in that 
copy of the inftrument of refignation there has been an omlflTion of what related to 
the witnefs John Stuart, who by liis being defcribed the /aid John Stuart muft cer- 
tainly have been mentioned in a former part of the inftrument ; then it is very pro- 
bable that his defcription in the firft part of the inftrument might, if the whole 
had been faithfully tranfcribed, have contained fomething that would have pointed 
out more particularly what related to John Stuart, who, in the tefting claufe is 
defcribed de Caftelmilk ; and might have led to a difcovery whether there was a 
miftake in the mention of a John Stuart of Caftelmilk, or whether the John Stuart 
there mentioned was meant to be ftatcd as the proprietor of the lands of Caftel- 
milk, or merely as a tenant in thefe lands, or a portioner of part of them ; either of 
which fuppofitions are the more probable, as the real proprietor of the lands of Caf- 
telmilk, Sir William Stuart, Knight, was at that time, in the year 1409, alive, and 
lived many years thereafter. 

U U 2 It 



Zl^ 



SIR WILLIAM STUART OF CASTELMILK. 

It muft be admitted, that if it can be fhewn that at that very period 
J in the year 1409, or at a later period, there exifted a Sir WilUam 
Stuart of Caftelmilk, the known and acknowledged proprietor of 
that eftate, his exiftence muft of itfelf be deftrudlive of any argu- 
ment or conjecture founded upon the circumftance of there being 
a John Stuart of Caftelmilk mentioned as a witnefs to William Urry's 
refignation in the year 1409. For the fuppofition of John Stuart's 
having been proprietor of the lands of Caftelmilk in that year muft 
go for nothing, unlefs thofe who make ufe of that fuppofition can 
either prove, or make it appear probable, that Sir William Stuart 
of Caftelmilk had ceafed to exift before the year 1409; or that he 
had before that period ceafed to be proprietor of the lands of 
Caftelmilk : one or other of thefe fuppofitions is indifpenfably ne- 
ceflary to the admiflion of a John Stuart as proprietor of thefe 
lands of Caftelmilk. It muft be with a view to make it probable 
that the firft Sir William Stuart of Caftelmilk had died before the 
year 1409, that Lord Galloway lays fo much weight on the cir- 
cumftance of there being a John Stuart defcribed as of Caftelmilk 
in the year 1409 in Urry's inftrument of refignation ; but the certain 
proof of Sir William Stuart's exiftence long after the year 1409, 
muft at once defeat every argument or conjedure founded on the 
notion of a John Stuart of Caftelmilk in Urry's refignation in 1409, 
It has been proved by the charters before-mentioned from the Earl 
of Douglas in the year 141 1, to which Sir William Stuart of Caftel- 
milk was witnefs, that the fame Sir William Stuart, Knight, men- 
tioned in Rymer's Fcedera in the year 1398, was alive in the year 
141 1, and continued to be defcribed in the fame manner, de Caftel- 
milk, Miles. 

Further it has in Part III. been proved, in the moft conclufive 
manner, that the fame Sir William Stuart, who is admitted by Lord 
Galloway to have been the brother of Sir John Stuart of Derneley, 
continued to live till the year 1429, when he was killed in France 



SIR WILLIAM STUART OF CASTELMILK. 

In the fame battle with his brother. This fadl has been eftabliflied 
beyond the reach of controverfy ; and not only admitted, 
but founded upon by Lord Galloway himfelf, who fays, that his 
anceftor Sir William Stuart of Cajielmilk, whom he holds to be 
the fame with Sir William Stuart of Jedworth, lived till the year 
1429, when he was killed during the fiege of Orleans. It is fcarcely 
neceffary, therefore, to appeal to the charters before-mentioned, 
granted by the Earl of Douglas in 141 1, for proving that Sir Wil- 
liam Stuart of Caftelmilk was alive in the years 1409 and 141 1 ; for 
if he lived till the year 1429, which it is admitted he did, he 
neceflarily muft have been alive alfo in the years 1409 and 
141 1, and in all the years which intervened between the time 
of the firfl mention of him in Rymer's Focdera in 1398, and the 
time of his death in 1429. Hence it follows that, even fuppofmg 
no miftake in the defcription of a John Stuart of Caftelmilk, as 
witnefs to William Urry's refignation in 1409, it can ferve no 
purpofe to appeal to that inftrument as a proof of the exiftence 
of a John Stuart of Caftelmilk, in the year 1409, unlefs it necef- 
farily inferred the twn-exijience of Sir William Stuart the known 
and acknowledged proprietor of the eftate of Caftelmilk. 

The certain fadt is, not only that Sir William Stuart the pro- 
prietor of the lands of Caftelmilk was alive in the year 1409, but 
that he continued to live for twenty years thereafter, till he was 
killed in France in the fame battle with his brother in 1429. But 
this is not the only anfwer to the inferences and arguments drawn 
by George Crawfuid and his followers from the fuppofed exiftence 
of a John Stuart of Caftelmilk in the year 1409. There is a fur- 
ther anfwer in point of fa£t which, on the part of the Stuarts of 
Caftelmilk is confidently aflerted, to wit, that tliere ticve?- was a john 
Stuart proprietor of the hinds of Cq/ielmilk, either in the year 1409, or 
at any other period in the fifteenth century. They are confident that 
it will not be in the power of any perfon whatever to produce real 

folid 




-^^ SIR WILLIAM STUART OF CASTELMILK, 

PART folid evidence of a John Stuart proprietor of the lands and eftate of 
Ui—.--' ■!> Caftelmilk, excepting Sir John Stuart of Derneley, who was Lord 
of Caftelmilk in the year 1387, as already mentioned. 

The family of the Stuarts of Caftelmilk in the county of Lanark 
conned their pedigree diredly with Sir William Stuart of Caftel- 
milk, Knight, mentioned in Rymer's Foedera in the year 1398, who 
lived down to the year 1429 ; and as they do not connedl their 
pedigree in any fhape with a John Stuart of Caftelmilk, whom they 
confider as an ideal perfon, they are under no obligation to account 
for that John Stuart, or to remove him out of the way. — It is 
the bufmefs of thofe who found upon that John Stuart to prove 
what relates to him, and to Ihew that he was at fome period pro- 
prietor of the lands and eftate of Caftelmilk, and reprefentative of the 
Caftelmilk family. Without proving thefe points, it is impoffible 
for Lord Galloway to make out his cafe, as he claims diredlly 
through that John Stuart, who, he fays, was John Stuart of Dal- 
fwinton his anceftor : he therefore forms an eflential link in the line 
of the Earl of Galloway's pedigree, and it will be incumbent on 
his Lordfliip to produce evidence concerning him. 

Sir William Stuart of Caftelmilk who was killed in France during 
the fiege of Orleans, on the 12th of February 1429, left four fons, 
David, Archibald, Matthew, and Walter Stuarts ; and one daughter, 
Elizabeth, married to Robert Lyle, Chevalier de Deuchal. Of thefe 
four fons the proofs will be ftated under the next Article relating to 
the Tenth Generation, 



E 33S ] 



TENTH GENERATION. 

T. DAVID STUART of Caftelmilk and Fynnart, who 
had one Son, Alexander, and both died without 
leaving iffue male to inherit the eftates. 

2. ARCHIBALD STUART, who, on the death of 
David and Alexander, fucceeded to Caftelmilk, &c. 
This Archibald had one Son, William, who fuc- 
ceeded him, but died without male iffue. 

3. MATTHEW STUART of Caffiltoun, who, on the 
death of his two Brothers David and Alexander, 
and their Sons, fucceeded to the eftates of Caftelmilk 
and Fynnart, and carried on the line of the family. 

4. WALTER STUART of Arthurly, who in a charter 
from the Crown in February 1439 ^^ defcribed Son 
of the deceafed William Stuart of Caftelmilk, 
Knight. 

PROOFS concerning DAVID STUART the eldeft Son of Sir 
William Stuart of Caftelmilk. 

>^° I. /\ Decreet by Sir John Forfter of Corftorpliin, Chamber- part 



lain of Scotland, dated 3d January 1429, (which ac- 



cording to modern computation was the year 1430,) pronounced .' 

in a conteft between the Burghs of Dumbarton and Renfrew, re- ;„ ,',', pXf- 
lating to their refpedlve rights of fifliing in the river Clyde; in ^""ghofRer.. 
the courfe of which conteft the matters in difpute v,-ere referred to *""• 
10 the 



^,g DAVID STUART, THE ELDEST SON OF 

PART the cognizance of an Aflize or Jury compofed of noblemen and 

,_ - - .. ygpntlpTTipn of the country, who aflembled at Glafgow on the 2 2d 

^'°'^' of November 1429. The names of the Jury are inferted in the 

faid Chamberlain's decreet, and amongft thefe there are the following 

names and defcriptions : 

"" Alan Stuart, Lord of Darnlee. 

" Robert Stuart, Lord of . 

" Alexander Stuart, . 

" David Stuart, Lord of Finnart." 

It has been fhewn in Part IV. that the Alan Stuart, Lord of Derne- 

ley, above-mentioned, was the eldeft fon of Sir John Stuart of 

Derneley, who had been in that fame year, 1429, killed in France 

in the month of February. And there can be as little doubt that 

the David Stuart here mentioned as Lord of Finnart was the eldeCt 

fon of Sir William Stuart of Caftelmilk, who had been receatly killed 

in the fame battle with his brother Sir John of Derneley ; for 

both Finnart and Caftelmilk belonged to the fame family ; and the 

fame David Stuart here defigned of Finnart was at other times 

defigned of Caftelmilk, as appears from the following authentic 

papers ftill extant : 

This charter N° 2. Charter dated 19th February 1444-5, granted by Robert 

fionoMhefa- Lylc, Lord of Deuchal, of the lands of Strathdee, and others lying 

,mi y o arr. ^^ ^^^ earldom of Marr, in favor of Sir Alexander Forbes of that 

ilk, to which chtirter David Sluart of Caftelmilk is a witnefs. 

This charter is H" 3. Charter dat^d 8th February 1445-6, granted by Robert de 

feTted 'il?t'i."e' Lylc, Lord of Deuchal, in favor of John de Rofs, Lord of Haulk- 

firraarn"""head, of the lauds of Weftcr^thirJ aud Middle-third, lying in the 

the'c/own? lordfhip of Bo'quhan and fhire of Stirling; to. which charter, David 

i4gs.'vidr'' Stuart Lord of Caftelmilk is a witnefs, and he is there defcribed as 

Article N" 5- ^jnclc to Robcrt dc Lylc, the granter of the charter. The tefting 

claufe is in thefe words , " la cujus rei teftimonium figillum meum 

*' praefenti cartae mes eft appenfum, apud Renfrew, odlavo die 

** menfis Februarii, anno Domini 1445, his teftibus honorabilibus 



SIR WILLIAM STUART OF CASTELMILK. 

■*' viris ac avunculis meis cariflimis, David Stewart Domino de Cajld- 
" tnylke^ Akxandro de Lyle *, Alexandre Stuart fllio et lia;rcde Do- (. 
" mini de Caflelmylke, Archibaldo Stewart, Roberto Sempic, et 
" Jacobo Stewart, armigeris ; et multis aliis." 

It is to be obferved, that Robert de Lyle, Lord of Deuchal, who 
granted the above charter in February 1445-6, and who foon there- 
after was created Lord Lyle, was the fon and heir of Robert Lyle, 
Chevalier de Deuchal, who married Elizabeth Stuart, daughter of 
Sir William Stuart of Caftelmilk ; confequently all the fdns of that 
Sir William Stuart were uncles to Robert the Lord of Deuchal, who 
granted the faid charter in February 1445. The defcription there- 
fore in that charter oi David Stuart of Caftelmilk^ as iincls to R.obert 
de Lyle^ would of itfelf afford ftrong evidence that he was fon of 
Sir William Stuart of Caftelmilk. And if any doubt could be en- 
tertained as to that point, or as to David's being the eldeft fon, thefe 
fads would be fupported and enforced by the fubftantial evidence 
arifmg from David's having fucceeded to, and enjoyed the fame 
lands and eftate which had been enjoyed by his predeceflbr Sir 
William Stuart. 

Another of the witnefTes to that charter was Alexander Stuart, 
■fon and heir of David Stuart of Caftelmilk. This is the lateft 
mention that has any where been difcovered of that Alexander 
Stuart, who, it is prefumed, died before his father David, as he 
never was in pofleffion of the eftates, which, upon the death 
of David, devob/ed on his brother Archibald Stuart of Caftel- 
milk. 

* This is not the only inftance where Alexander dc Lyle is dtfcribed as uncle to 
Robert de Lyle ; for there is in the Chartulary of P-iifley, p. 276, a precept of fcifin, 
dated 35th September 1452, granted by Robert Lord Lyle in favor of William 
bemple, where Alexander de Lyle and William de Lyle are both of them defcribed 
26 uncles of the granter of that precept, without any other defignation ; the words 
are, " tcftlbus, Alcxandro de Lyle, Willielmo de Lyle, patruis meis charifTimis." 

XX ^"4- 



^:i7 



2^8 DAVID STUART, THE ELDEST SON OF 

PART N" 4. Seifin, dated 15th of February 1445, given by Robert de 
L - . - ■ Lyle, Lord of Deuchal and Boquhan, propriis maniius, in favor of his 
This fif.ri is coufin John de Rofs, Lord of Haulkhead, of the faid lands of Wefler- 
Giarmv^j' "* third, &c. proceeding on the forefaid charter ; to which feifin one of 
chaiter-rooni. *]^£ witnefTes is Dav'id Stuart y Dominus de Cajlehn'ilk. 
This charter is N°5. Charter of confirmation, dated 14th April 1458, granted 
fionofiheEari by King Jamcs n. in favor of Sir John de Rofs of Haulkhead, con- 
amorgit the' firming the faid charter, dated 8th of February 1445, granted in his 
fngTothefr.^ favor by Robert de Lyle, Lord of Deuchal ; in which charter of 
Teadf ^" " confirmation, the original charter confirmed, with the telling claufe, 
is verbatim inferted. 

The two preceding articles, No. 4 and 5, are recorded in the 
Regifter of Probative Writs on the 20th of September 1793. 

N" 6. A precept of feifin, dated 25th of February 1445-6, by 

Willielmus Dominus de Crichton, Miles, by which he names David 

Stuart of Cttjldmilk one of his bailifis for giving feifin to John de 

Schaw of HaUy, of the lands of Dryveholme, Bekhoufe, and Lang- 

This notarial holm iu Annandalc. This precept is verbatim inferted in a notarial 

imongrt'ihe' Inftrument, dated the 27th of March 1446, to which James Bifliop 

fa?e"Mr[D' o^ Duukcld, Chancellor of Scotland, Mr. William Turnbull, Keeper 

Er/k,nt,w.s. ^^ ^^^ p^.-^^ g^^l^ j^^^^g of Aukinleck, Knight, and Walter Scott of 

Buccleugh, Knight, are witnefl!es. 

It is to be obferved, that as this David Stuart of Caftelmilk 
and Fynnart was, within a few months after his father's death in 
the year 1429, defigned of Fynnart ^ it leaves little or no room to 
doubt that thefe fame lands of Fynnart had belonged to his father Sir 
William Stuart, as well as the lands of Caftelmilk ; for it is certainly 
much more probable that David Stuart ihould have fucceeded to 
the lands and eftate of Fynnart as heir to his father, than that 
he fhould have acquired fo confiderable an eftate himfelf, in the 
fhort period between the death of Sir William Stuart in February 

1429, 



SIR WILLIAM STUART OF CASTELMILK. 339 

1429, and the faid meeting at Glafgow in the month of November part 

1429* "-i^rr^ 

* The late Mr. David Erflcine, wlio during many years had the charge of the 
affairs of the Caaehnilk family, and had accefs to their papers and title deeds, was 
very pofitive that he had feen among the papers at Cartel milk the original grant of 
the lands of Fynnart in favor of the Stuarts of Caftelmilk ; which grant, according to 
the beft of his recolleaion, was from Robert II. or Robert III. 

This opinion or recolleaion of Mr. Erfkine's was frequently mentioned by him to 
the Author, who in confequence applied to Sir John and Lady Stuart of Caftelmilk, 
to make diligent fearch amongft their old papers for that original grant of the 
lands of Fynnart ; which fearch proved unfuccefsful. Mr. Erikine however con- 
tinued in the opinion that he had feen and read that original grant at Caftelmilk. 
This appears from a paragraph in a letter written by him to Lady Stuart in the year 
1789, at the time when he forwarded to her the notes he had taken from the decreet 
above-mentioned of the Chamberlain of Scotland. 

The letter is in thefe words : ... 

«« On looking over fome notes taken from time to time of papers gomg through my 

" hands I find a copy of a decreet of the Chamberlain of Scotland, 3d January 1429, 

« in a queftion between the burghs of Renfrew and Dumbarton about the fiftiings m 

«. Clyde; among the affize are, Alan Stewart, Lord of Darnelie, Robett Stewart, 

t, Lord of , Alexander Stewart, David Stewart, Lord ofFinnart. This laft 1 have 

« no doubt was David of Caftelmilk, who Mr. Andrew Stuart fays got Gouroch m 
u 14.5 (1) ; but from this writing it is evident he had it fix years before; and indeed 
" Iflill think Ifaiv at Cafelmilk the original grant ofFinnart from Robert II. or III. 

«' The original of this decree is among the writs of the borough of Renfrew ; fo 
.. you know where to find It in cafe it be of ufe.^^^^^^^ ^^ ^^^^^ ^^^^^^^„ 

Mr Erfkine was remarkable for the accuracy both of his memory and judgment in 
all matters of bufinefs ; and if his recolledion of having feen the original grant of the 
Lnds of Fynnart from Robert II. or Robert III. was well founde , tl>at of itf f would 
neceffrrlly prove, that thefe lands of Fynnart had belonged to the Caftelmilk family 
be or^ tt 't^^me of the above-mentioned David Stuart of Caftelniilk and Fynnan t . 
fon of Sir William. For if proceeding from a grant either of Robert 11. or Robert III 
ht grant muft have been either in favor of Sir William Stuart of Caftelmilk, or of 
his father Sir Alexander Stuart of Derneley, moft probably it -- J> g""' >" 
favor of the former; and as he was proprietor of the lands of Fynnart, 
was moft natural that upon his death in the year 1429, the title of Fynnart, as «-eU 
as that of Caftelmilk, fliould go to his eldeft fon David Stuart. 



of Mr. Stuart- s converfailon «ltl. Mr. Erfkme a 

confiderLn Xriva.^s 'b«ame fatisfied that George Crawfurd'. 



,d by George Ctawfu.d in his Hlftory of the Sl.ire of Renfrew, p. gl, 
1 come to the Caftelmilk family by the forfeiture of the Earl of Dough 



otally erroneous. X X 2 



34° 



DAVID 3TUART, THE ELDEST SON OF 

As it is eftablifhed by the moft unqueftionable evidence that 
J Sir John Stuart of Derneley and his brother William were both of 
them killed in France on the fame day, 12th of February 1429^ 
this meeting at Glafgow on the 2 2d of November 1429, affords an 
additional proof of Sir William Stuart of Caftelmilk being one and 
the fame perfon with Sir William Stuart the brother of Sir John 
Stuart of Derneley ; for at the time of this meeting when Alan 
Stuart was defigned Lord of Derneley, which had belonged to his 
father Sir John, and when David Stuart was defigneid Lord of 
Finnart, which had belonged to his father Sir William, both of 
them had recently fucceeded to thefe titles by the deaths of their 
fathers ; and therefore the coincidence in point of time, with the 
eftablifhed fa£t of the deaths of Sir John Stuart of Derneley and of 
his brother Sir William Stuart in February 1429, furnifhes an 
additional link to the chain of circumftances which indicate the 
identity of Sir William Stuart of Caftelmilk, with Sir William Stuart 
the brother of Sir John Stuart of Derneley ; for if it could be fup- 
pofed that they were different perfons, then it muft further be fup- 
pofed that thofe two Sir William Stuarts, befides the fallacious 
refemblances in other refpeds, had increafed that perplexing refem- 
blance, by dying much about the fame time in the year 1429. 

If there had been any proof, or any reafon to believe that Sir 
William Stuart of Caftelmilk was alive at any period after the 
1 2th of February 1429; or if there were any proofs that his 
fon David Stuart had been defigned of Caftelmilk or of Finnart 
at any period before that date, thus inferring that his father had 
died before that time ; then either of thefe circumftances would 
have proved, that Sir William Stuart of Caftelmilk muft have been 
a different perfon from Sir William Stuart killed in France in 
February 1429 ; but there is no veftige of any evidence of that fort, 
and the decreet above-mentioned, containing the account of the 
meeting in November 1429 between Sir Alan Stuart, Lord of 
Derneley, and David Stuart, Lord of Finnart, is perfectly confiftent 

with 



SIR WILLIAM STUART OF CASTELMILK. 



34i 



vir. 



with the afcertained fad relating to the time of the death of Sir par t 

William Siuart, the brother of Sir John of Derneley. The contents i. 

of that decreet therefore are of ufe, both for the purpofe of adding 

to the circumftances which eflabli(h the identity of Sir William 

Stuart of Caftelmilk with Sir William Stuart killed in France ; and 

for that of proving that David Stuart of Finnart and Caftelmilk was 

the fon and heir of that Sir William Stuart. 



Proofs concerning Archibald Stuart of Caftelmilk, the 
fecond Son of the firft Sir William Stuart of Caftel- 
milk ; and concerning William the Son of Archibald. 

From the papers referred to in the preceding Article, it appears 
that David Stuart, the eldeft fon of Sir William, was alive in the 
year 1446. How much longer he lived, has not as yet been af- 
certained ; but it is certain, that both he and his fon Alexander had 
died before the year 1464; for in that year, Archibald Stuart, the 
younger brother of David, was proprietor of the eftate of Caftel- 
milk, as appears from an authentic inftrument hereinafter men- 
tioned, N° I. 

In an old manufcript, by Mr. Hamilton of Wifhaw, a very in- 
telligent antiquary, and much refpeded for his knowledge and 
accuracy, he mentions, that " he had found Archibald Stuart re- 
" toured to the lands of Fynnart, lying in the fheriffdom of Ren- 
" frew, anno 1463 ;" whence it is prefumable, that David, the 
preceding proprietor, had died but a little before the year 1463 ; 
but as that retour has not yet been found, the evidence to be here 
ftated will refer only to the proofs now exifting either upon record 
or in original papers. 

N" I. Charter under the Great Seal, by King James III. dated in the Public 
2ift Oilober 1464, confirming a charter dated at Edinburgh, 19th h. ti. n'°iii, 

October 



^42 ARCHIBALD STUART OF CASTELMILK, 

PART Odober 1464, granted by Robert Crichton of Sanquhar, In favor of 

t_ -' . Robert Charteris of Amisfield, of an annual rent of 20/. Scots, to 

^. '^' be levied out of the barony of Sanquhar, the witneifes to which 

verbatim copy •' ■■• ' 

of ihe charter charter are thus dcfcribcd : " Teflibus wo^i/i/^z/j Wm Dominis David 

confirmed. 

" Herris de Avendale, Joanne Carlyle de Tortheral, Militibus, 
•' Joanne Maxwell, Senefcallo Annandi^e, Archihaldo Stewart de 
" CaJIelmylk, et David Kirkpatrick, et Thoma Unthank, notario pub- 
" lico ; curti multis aliis." 

The witnefles to the preceding charter defcrlbed as noble perfons, 
it is well known, were great proprietors in Annandale, and confider- 
able men in thofe times, 

Archibald Stuart of Caftelmilk did not long furvive his brother 

David ; for in the beginning of the year 1467, William Stuart, the 

fon of that Archibald, was in poflefTion of the eftate of Caftelmilk, 

as appears from the following inftrument : 

inthepoffef. N° I. Notarial inftrument, dated 20th March 1466, (in modern 

c°"hlr^°Ind ftyle 1467,) under the fubfcription of Joannes Prefton, prefbyter 

Regift!f ot '''^ Glafguen. diocefe, concerning a judicial declaration made by Jacobus 

w'ri'tro^n the dc Cathcart, in relation to a refignation made by him to Allan Lord 

9t^h Apr.1 Cathcart of the Two Merk Lands of Drumnean and others, in the 

fhire of Air ; to which notarial inftrument William Stuart, Dominus 

de Cajielmilk, is a witnefs, along with Robert Lord Lyle, and feveral 

other v\?itne{res. 

N°2. Notarial inftrument, dated 6th July 1484, afcertaining what 
paffed that day in the Court-houfe of Dumfries, when Elizabeth 
Stuart, defcribing herfelf daughter and heir-apparent of the deceafed 
William Stuart of Caftelmilk, claimed to be ferved as neareft lawful 
heir of her grandfather Archibald Stuart, in the third part of the 
lands of the tenement of Cailelmilk lying in the lordfliip of 
Annandale. 

From 



SECOND SON OF THE FIRST SIR WILLIAM. 

From that notarial inftrument it appears, that upon the 6th of part 
July 1484, in prefence of the deputy of Robert Crichton of San- . ^V'' ^ 
quhar, fherifF of Dumfries, compeared Archibald Carruthers of ^''^' 
Moufewald, producing letters of attorney from Elizabeth Stuart, «"" '(''Mr.' 
" filia et hseres apparens quond. GuUelmi Stuart de Caftelmilk ;" "o'i''"en<h;° 
and that the faid Archibald Carruthers aflerted and alleged, that ''"theTegifter 
Archibald Stuart, grandfather of the fa'id Eliz-abcth Stuart, died laft Wnla".'^'^ 
vefl; and feifed as of fee in the third part of the lands of the tene-^^" """ 
went of Cafelmilk lying in the lordfhip of Annandale ; and that 
the faid Elizabeth was neareft and lawful heir of the faid Archibald 
Stuart, her grandfather, in the faid third part of the lands, with their 
pertinents. The notarial inftrument then proceeds to ftate, that an 
honorable man, William Stuart of Cafelmilk, (who, as it will appear 
hereafter, was fon of Matthew Stuart of Gaftelmilk, and then in 
poffefTion of the family eftate,) objeded to the fervice, and alleged 
baftardy. The words are, " Honorabilis vir Willielmus Stuart de 
" Gaftelmilk objecit et allegavit baftardiam j" that this objedion 
was not made until the oaths had been taken by the perfons going out 
of court upon the faid. inqueft. Upon all which the faid Archibald 
Carruthers, as attorney forefaid, required to have a public inftru- 
ment ; and that thefe things were done in prefence of the following 
witnefles thereto called, viz. 

John Maxwell, Steward of Annandale, 

Gilbert Johnftoun of Elphinfton, Knight, 

John Johnftoun of that Ilk, ' • 

John Carruthers of Holmends, and. 

Henry Kirkpatrick of Golrig. 
The- contents of the notarial inftrument above-mentioned, joine4 
with this circumftance, that Elizabeth's fervice was ojipofed, not by 
any younger fon of Archibald's, nor by any grandfon of his, but by 
a collateral heir male, William Stuart, then in pofteftion of the family 
eftate of Gaftelmilk, prove, that Archibald Stuart of Gaftelmilk, the 

grand- 



344 



ARCHIBALD STUART OF CASTELMILK, 

grandfather of Elizabeth Stuart, (the claimant in 1484,) had left no 
, other fons befide William the father of Elizabeth, and that he, 
William, had left no fons; for fhe, in her claim, firft defcribes her- 
felf as daughter and heir-apparent of the deceafed William Stuart of 
Caftelmilk, and then ftates, that fhe was neareft and lawful heir of 
Archibald Stuart her grandfather ; and the inftrument fhews, that 
the perfon who objeded to the fervice was William Stuart of CafteL 
milk, a collateral heir male. Thefe things could not have happened, 
nor would the afTertions have been made in prefence of fo many 
refpedable witneffes, all of them perfons of that part of the country, 
unlefs the fads had been notorious, that Archibald Stuart of Caftel- 
milk had left no other fons befides William, and that William had 
left no fons. 

It has been fhewn, that the faid Archibald Stuart, grandfather of 
Elizabeth, died before the year 1467 ; and it will appear, under the 
following Article, that William Stuart, the fon of Archibald, died 
before the year 1470, when Matthew Stuart of Cafliltoun, the 
brother of Archibald, fucceeded to the eflates of Caftelmilk and 
Fynnart; Matthew died in the year 1474, and was fucceeded by 
his fon William Stuart of Caftelmilk, who continued in pofleflion of 
the family eftates from the year 1474 till the time of his death in 
the year 1495. It was therefore this William Stuart of Caftelmilk, 
the fon of Matthew, who appeared and objeded, in the year 1484, 
to the fervice which Elizabeth Stuart was then carrying on, for being 
ferved heir to her grandfather Archibald Stuart of Caftelmilk in 
certain parts of the old original eftate of Caftelmilk. 

It is to be obferved that the original or complete eftate of Caftel- 
milk had confifted of lands to the amount of a Sixty Merk Land 
of Old Extent ; but by a very antient divifion made in the times 
of remote antiquity, thefe lands had been divided into two- 
thirds and one-third. The t'W'j-th'wds were fometimes defcribed as 
the Forty Mtrk Lands of Cafdmilk^ and as frequently defcribed 
15 as 



SECOND SON OF THE FIRST SIR WILLIAM. 

as the I'lvo-th'vds or Two. Furls of Cajlcbmlk. The One-thh-d was de- 
fcribed fonietimes the Third of Cajlclm'ilk^ and at other times as the (_ 
Twenty Mcrk Lands of Cafelm'dk^ or the Twenty Merk Lands of 
Middlcfa^v, which meant the fame tiling. Tlie property of the 
Two-thirds or Forty Mcrk Lands of Caftehnilk belonged in the 
year 1,387 to John Stuart, Lord of Caftelmilk, afterwards Sir John 
Stuart of Derneley. The property of thefe Forty Merk Lands 
of Caftelmilk were before the year 1398 transferred to Sir William 
Stuart of Caftelmilk, to be held by him and his heirs of and under 
his elder brother Sir John and his heirs ; by which means the fu- 
periority of thofe Two-thirds or Forty Merk Lands of Caftelmilk 
r'Cmained for many generations with the Stuarts of Denieley and 
Lennox, defcended from the faid Sir John Stuart of Derneley ; 
while the property of thefe fame Two-thirds remained with the 
Stuarts of Caftelmilk defcendetl from the faid Sir William Stuart 
of Caftelmilk. The rights of the Derneley family to the fuperiority, 
and the rights of the Stuarts of Caftelmilk to the property were 
precifely of the fame and no greater extent, and related folely to the 
fiud Two-thirds or Forty Merk Lands of Caftelmilk ; neither of 
them had any intereft in or connedion with the Twenty Merk Lands 
of Caftelmilk, called the Third of Caftelmilk. 

The fingle inftance of any of the Stuarts having ever had any 
connedion with the Third or Twenty Merk Lands of Caftelmilk 
was in the cafe of Archibald Stuart, the grandfather of Elizahetli 
Stuart mentioned m the faid inftrument in the year 1484, which 
inftrument proves that Archibald Stuart had died laft veft and feifed 
in that Third of Caftelmilk, and that his grand-daughter Elizabeth 
Stuart claimed to be ferved heir to him therein. It muft be remem- 
bered that this Archibald Stuart upon the death of his elder brother 
David Stuart of Caftelmilk and of his fon Alexander, without leaving 
ifiue male, had fucceeded to and enjoyed the Two-thirds or Foity 
Merk Lands of Caftelmilk, which were held of the Derneley fa- 
mily ; which Two-thirds or Forty I\Ierk Lands went, upon tlic death 
Y Y of 



346 ARCHIBALD STUART OF CASTELMILK, 

PART of Arcliibald and of his fon William, to the next collateral heisr 
t__^J_,^ male, Matthew Stuart of Caffiltoun, brother of the faid Archibald, 
and to his heirs male, in preference to Elizabeth Stuart the grand- 
daughter of Archibald and the daughter of William Stuart of Caf- 
telmilk. But as fhe was the perfon who by th« faid inftrument in 
1484 claimed to fucceed to her grandfather Archibald in the third 
part of Caftelmilk, in which he had died laft reft and feifed, 
without ever pretending any right to the Two-thirds which w^ent 
to collateral heirs male ; and as thefe collateral heirs male, though 
they oppofed her fervice and right to the Third of Caftelmilk on 
account of alleged baftardy, yet never pretended to have any right 
to that Third themfelves ; it follows from thence that Archibald 
Stuait had derived his right to the third part of Caftelmilk, through 
a channel different from that by which he fucceeded to the Two- 
thirds, and muft have held it upon a tenure and with a deftination 
of fucceflion different from that by which he had fucceeded to 
and enjoyed the Two-thirds of Caftelmilk. The moft probable 
folution of this point is, that the faid Archibald Stuart of Caftel- 
milk had himfelf purchafed or acquired right to that third part of 
the lands of Caftelmnlk in which he died veft and feifed, and having 
acquired it by his own means, naturally allowed that part of his 
propeity to go to his heirs general^ while the other Two-thirds held 
of the Derneley family, and to which he, Archibald Stuart, had 
fucceeded as heir male of the Caftelmilk family, were hmited to go 
to heirs male collateral, in preference to heirs general. 

This fuppofition, authorifed by all the known circumftances of 
the cafe, ferves to remove thofe apparent difficulties which would 
otherwife make it appear fo extraordinary that Elizabeth Stuart 
flaould have claimed the third part of Caftelmilk, which had belonged 
to her grandfather Archibald Stuart, without claiming the other 
two-thirds which had alfo belonged to him : and accounts alfo for 
the other extraordinary circumftance of no claim having been made 
by the collateral heir male Matthew Stuart, or his fon William of 

Caftel- 



SECOKD SON OF THE FIRST SIR WILLIAM. 
Caftelmilk, to the laid third part of Caftelmilk which had heen en- 
joyed by their relation Archibald Stuart. 
. Elizabeth Stuart, who claimed the third part of Caftelmilk in 
1484, as heir to her grandfather Archibald Stuart, though fhe 
did not fucceed at that time in her claim, appears to have fucceeded 
in it at fome fubfequent period ; for there is an inftrument of feifm 
in the year 1495 in favor of that Elizabeth Stuart, wherein flie is 
defigned fpoufe of an honorable man, Robert of Carruthers ; which 
feifin. proceeds upon a precept of feifin from the Crown, direded 
to John Lord Maxwell, Steward of Annandale, ordering him to' 
give feifin to Elizabeth Stuart of the Forty Shilling Land of Old 
Extent of Thundergarth, and of the Forty Shilling Land of Whit- 
ftames ; and it is faid that fhe and her hufband were infeft in the 
lands of Middlefliaw and Sorryfikes by Robert Lord Maxwell in 
the year 15 16. And the faid PwO'^/ert de Carruthers, hufband of 
Elizabeth Stuart, was, upon the 14th of May 1495, witnefs along 
with Alexander Stuart of Caftelmilk, to a feifin hereinafter mentioned 
■of the lands of Pennerfex in Annandale in favor of Adam Kirkpatrick, 
in which feifin Robert de Carruthers is defigned of MlddlcJloaiD ; 
which it is clearly afcertained was the fame thing as the Twenty 
Merk Lands of Caftelmilk, or the Third of Caftelmilk. 

After the death of the faid Elizabeth Stuart, and of her hufband 
Robert de Carruthers, the faid Twenty Merk Lands or Third of 
Caftelmilk pafled through various hands, till they came at laft into 
the poflefTion of David Vifcouiit Stormont, the anceftor of the 
prefent Lord Stormont and Earl of Mansfield, to whom the 
whole of thefe lands of Middle/haiv or third of Caftdmilk do now 
-belong either in property or in fuperiority. But thefe lands of 
Middkfhaw or third of Caftelmilk have at no time belonged to the 
Derneley family either in property or fuperiority-, neither have they 
ever belonged to the Stuarts of Caftelmilk, excepting in the iingle in- 
ftance of Archibald Stuart which has been accounted for as above. 



[ 34^ ] 



PART Proofs concernine Matthew Stuart of CafTiItoun, Caftel- 

VII. . . , 

c„ . — ^ milk, and Fynnart, third Son of Sir William Stuart of 

''°-''- Caftelmilk. 

N° I. Charter, dated 6th January 1464, by John Stuart Lord of 
Derneley, in favor of Thomas Stuart of Albany, of the lands of 
Balderran in Stirlingfhire, to which charter Matthew Stuart of 
CafTiItoun is a witnefs, along with Andrew Stuart Lord Avendale, 
Chancellor of Scotland, Murdoch Stuart, Miles, John Maxwell of 
Nether Pollock, and other witnefles. This charter is verbatim in- 

PijiiicRe- ferted in a charter of confirmation under the Great Seal, in the 

nT'^s'^."''" "'■ Public Reords, lib. vi. N° 52. 

In thecUarter- ;f^° 2. Tudicial ratification, dated 24th November 1466, by Ifabella 

cliett of Sir -' .... , 

John Stuart of jsjQj-vel, Ladv of Gardonald, wherein {he is thus deficrned : " Sponfa 

CalUiinilk. ' ^ , , ... . 

" Gulielmi Stewart, filii et apparen ha^redis honorabilis viri Md(~ 

" fBcei Stuart de Cajleltone.''^ 
In ihe poflTef- N° 3. luflrument of rcfignatiou, dated 14th July 1468, by Lady 
John Maxwell Kathcrinc de Seton, Lady of Derneley and of Maxwell, with con- 

of Pollock. ^ ^ . ~ _ 

fent of her fon George Maxwell, eldeft fon and heir of the marriage 
between the deceafed Herbert Lord Maxwell her hufoand and her 
the faid Katherine ; whereby fhe refigned into the hands of Robert 
Lord Maxwell, fon and heir of the deceafed Herbert Lord Maxwell,, 
certain lands in Renfrewfhire. To which refignation the witnefles, 
among others, are, James Lord Hamilton, Mattheiv Stuart of Cajfil- 
toiine, &CC. 

N.B. Lady Katherine Seton, who made this refignation, had firft 
married Alan Stuart of Derneley, and after his death married 
Herbert Lord Maxwell. By her firft marriage fhe had John Stuart 
of Derneley, afterwards Lord Derneley and Earl of Lennox; and 
by her fecond marriage (he had George Maxwell of Carnfallock, 
v/ho was brother-uterine of John Stuart Lord Derneley ; and 



MATTHEW STUART OF CASTELMILK, &c. 

it appears that Matthew -Stuart and George Maxwell were 
frequently witnefles to deeds by this John Lord Derneley. ' (. 

This Matthew Stuart was uniformly defigned of Caifiltoun only, 
while his elder brothers David and Archibald, or their fons, 
exifted. But by the death of \yilliam Stuart of Caftelmilk, the fon 
of Archibald, Matthew Stuart having fucceeded to the family eftates 
of Caftelmilk in Annandale, and of Fynnart in Renfrewfhire, he 
then took the titles of Caftelmilk and Fynnart promifcuoufly, being 
fometimes defigned of the one and fometimes of the other, as will 
appear in the fequel. 

It has been fliewn, that William Stuart, the fon of Archibald 
Stuart, was alive on 20th March 1466 (1467). Hov/ foon there- 
after he died has not as yet been precifely afcertained, but it muft 
have been before the year 1470, as there is evidence, that in that 
year and ever thereafter, Matthew Stuart took the defignation of 
Fynnart and of Caftelmilk, in the fame manner as had been done 
by his elder brother David Stuart, who, as has been fliewn, was 
fometimes defigned of Fynnart and fometimes of Caftelmilk. 

N° 4. Charter, dated at the city of Glafgow, 3d May 1470, by Am 
Joh7i Lord Derneley^ granting to his coufin James Campbell ofpppers" 
Braekenrig, all and haill the lands of Brownfide, lying in the ba- n 
rony of Strathaven^ in the fliire of Lanark ; to which charter the 
witnefles are, 

Matthew Stuart of Fynnart:, 
George Maxwell of Carnfalloch, 
Alexander Stuart of Galftoun, 
John Stuart, Provoft of Glafgow. 
N" 5. Precept of feifin, dated 3d May 1470, by John Lord i„ ^ue dmter- 
Berneley^ directed to his friends Alexander Stuart of Galftoun and m,Tt^n.'-' 
John of Hamilton, of the Hainfliaw \ in which precept the witnefles 
are thus defcribed ; 

Matthc-si 



^ Avendale 

:eofHn- 






MATTHEW STUART OF CASTELMILK, 

Matt hew Stna?'t of the Fynnart, 
George Maxwell of Carnfalloch, 
^' ^- Alexander Stuart of the Galftouii, 

John Stuart, Provoft of Glafgow. 
foom'at ar" '^^ ^* Difcharge, dated 3d May 1470, by John Lord Derneley, 
aukon. relating to the lands of Brownfide, in the lordlhip of Avendale, 

before thefe witneffes, 

Matthew Stuart of Fymw.rt^ 
George Maxwell, 
John Stuart, Provoft of Glafgow, 
Alexander Stuart of Galftoun, &c. 
cMt'onohn" N' 7- Inftrument of feifin, dated 23d April 1473, in favor of 
^'Murray-'*' Patrick Murray, of certain lands in Annandale, proceeding on a 
charter from Alexander Duke of Albany, Lord of Annandale ; to 
which feifin Sir Archibald Ca:::ruthers of Moufewald was bailiff; 
and one of the witneffes to the infefanent is thus defcribed : " Wil- 
" liam Stuart, fon and apparent heir to Matthew Stuart of Cajlel- 
" milky 

This feifin is recorded in the Regifter of Probative Writs, on 21ft 
January 1794. 

N° 8. Obligation, dated 8th June 1473, by the Vicar General 
of the Convent of Predicant Friars at Glafgow, relative to a donation 
of ten merks yearly, made to that convent by Matthew Sti/art, Laird 
of Cafehnilk, for a mafs to be faid for his foul, and for the fouls of 
his modder and bairns, whofe bones refted in that convent. 

N° 9. Seifm, dated nth December 1475, in favor of Simon de 
Dalglefh ; to which feifm one of the witneffes is Magifter Joannes 
Stuart, filius quond' MatthcEi Stuart de Cafielmilk. 

N. B. The preceding papers fhew, that Matthew Stuart was pro- 
mlfcuoufly defigned of Cafielmilk or of Fynfiart^ after his fuc- 
ceeding to thefe two eftates. The laft of them Ihews that he 

died 



THIRD SON OF THE FIRST SIR WILLIAM. 351 

died before December 1475. He muft have died therefore in P .^^R t 
the period between 8th June 1473, the date of the obligation u_— .-— * 
to him from the Predicant Friars at Glafgow, and the nth 
December 1475, when in the fafine above-mentioned he was de- 
fcribed the deceafed Matthew Stuart of Caftelmilk. 

Proofs concerning Walter Stuart of Arthurly, the fourth 
and youngeft Son of the firft Sir William Stuart of 
Caftelmilk. 
N° I. Charter, dated in the year 1439, by which John ThUd>.m. i- 
Pollock difponed to John Rofs, Laird of Haulkhead, and Walter "^^'J^ff^f,,^ 
Stuart, Jon of William Stuart of Cajlelviilk, equally betwixt them, the ^^^^^^ 
lands of Arthurly in ihe barony and (hire of Renfrew, ^'^'s^^v. 

N'2. Charter under the Great Seal, dated ift February 1439» .'j;'^;^,;^^ 
(in modern ftyle 1440,) by King James II. whereby he grants the '^^^^ 
one-half of the lands of Arthurly in the barony of Renfrew, to ^i^. 
Walter Stuart^ fan of the deceafed Sir William Stuart of Caflelmilk, 
Miles. 

The two preceding articles are here inferted precifely in the fame 
manner that they were inferted on p. 15 of the " State of the Evi- 
" dence for proving the late Sir John Stuart of Caftelmilk, to be 
« the lineal heir male and reprefentative of Sir William Stuart of 
*' Caftelmilk :" which State was printed in January 1 794. 

Of that printed paper a copy was given to the Earl of Galloway, 
or to Mr. Williams for his Lordftiip's behoof. In confequence of 
which communication there appeared in the printed paper, which 
was foon thereafter circulated on the part of the Earl of Gallo- 
way, feveral hoftile attacks on the import of the evidence thus pro- 
duced, or intended to be produced, on the part of Sir John Stuart 
of Caftelmilk, particularly there are, on pages 25 and 26 of Lord 
Galloway's publication, the following remarks and criticifms on the 
fuppofed contents of the two charters above-mentioned, N" i and 2. 
8 " From 



2^2 WALTER mUART OP ARTHURLY, 

PART " From accLiralcly comparing thefe two cliarters it will appear evident. 
^''^' , " that Sir WiUiara Stuart M'as alive in 1439, when the former was dated, 
N- X. a J^I^J fi-j^j- he jjoj before the ift of February 1440; for in the one he 
" is flyled Sir William Stuart of Caflelmilk, and in the other the dcccafcd 
" Sir William Stuart of Caflelmilk. This is further confirmed by DaviJ 
" Stuart, the eldeft fon of this Sir" William Stuart's affuming the defignation 
" o{ de Cajletvulk^ in the year 1444; whereas in 1430, &c. he was de- 
" figned David Stuart de Fynnart, the ufual defignation appropriated tc the 
" heu- apparent of that family.'" 

The inference meant to be drawn on the part of the Earl of Galloway from 
the two charters thus quoted is not very obvious ; but fo far as that meaning 
can be gueffed at it mufl be this, that Sir William Stuart, the father of Walter 
Stuart of Arthurly, was alive in the year 1439, and that i::; died in the 
interval between the year 1439 and the ifl February 1439-40: Therefore 
Walter Stuart could not have been the fon of the firfl; Sir William, Stuart 
of Caflelmilk, who was killed during the fiege of Orleans in the month of 
February 1429; but mufl have been the fon of a fubfequent Sir William 
Stuart who died about ten years after that period : and upon that fuppo- 
fition it is taken for granted, that the Sir William Stuart, father of Walter 
Stuart of Arthurly, mufl have been a Sir William Stuart, brother of Sir 
John Stuart of Dalfwinton, anceilor of the Earl of Galloway. 

That this is the inference meant to be drawn, appears from a paragraph 
on page 25, of the faid printed pap3r of the Earl of Galloway, where it is 
faid that " Sir John Stuart of Dalfwinton died before the year 1420, and 
" that it feemed evident that his brother Sir William Stuart fucceeded Him 
« in the lands of Caflelmilk." 

One anfwer to this ftatement is, that there is no evidence of the lands of 
Caflelmilk having ever been enjoyed either by a Sir John Stuart of Dalfwin- 
ton, or by a brother of his of the name of William ; on the contrary thefe 
fuppofed fafts are rendered inadmiflible by certain eflablifhed fafts and 
proofs totally exclufive of fuch a fuppofition ; but the moredireft anfiver to 
the preceding obfervations and inferences is, that the whole of them pro- 
ceed upon a grofs miftake in point of faft ; for although in the printed flate 
of the proofs given in by the late Sir John Stuart relating to Walter Stuart 
of Arthurly, two charters were referred to, No. i and 2 5 tlie firfl of which 
charters were referred to as being amongfl the Haulkhead papers in the 

pofTefTion 



SON OF SIR WILLIAM STUART OF CASTELMILK. 



353 



pofleflion of the Earl of Glafgow, and the fecond was referred to as a part 
charter in the Pubhc Records, book iii. No. 137. ; yet the fad is, there has .^ __1 ^ , 
hitherto been accefs only to the fecond of thefe charters, to wit, that in the ^^ -^ 
Public Records, dated ift February 1439-40; and in that charter the half 
of the lands of Arthurly are given to Walter Stuart, where he is exprefsly de- 
figned fon of the deceafed Sir William Stuart of Caftelmilk, Knight : and it 
Is there alfo mentioned that this half of the lands of Arthurly had laft be 
longed to John de Pollock of Arthurly, and were refigned by him. 

With regard to the charter No. i. by which John Pollock is faid to have 
difponed to John Rofs, Laird of Haulkhead, and Walter Stuart, fon of Wil- 
liam Stuart of Caftelmilk, equally betwixt them, the lands of Arthurly, that 
charter has never yet been feen either by the Author of this Genealogical 
Hiftory, or by any other perfon on the part of the Stuarts of Caftelmilk. 
The article No. i . above printed, is merely a copy of a Ihort article in the 
inventory of the Earl of Glafgow's papers, which was communicated by his 
Lordihip's man of bufmefs, Mr. Tod, Writer to the Signet ; and as it was 
not doubted that the charter itfelf would eafily be found aniongft the papers 
at Haulkhead, in the pofTeffion of the Earl of Glafgow, fo it was thought 
■proper, for {hewing the progrefs of the title-deeds of the lands of Arthurly, 
and for fhewing that they had been acquired from John Pollock, to print 
the article as in the faid inventory, with a reference to the charter itfelf in- 
dicating where it was fuppofed it might be found. Accordingly, after getting 
a copy of the article in the inventory of Lord Glafgow's papers, application 
was made to his Lordfhip and to the perfon who had the charge of his papers 
at Haulkhead for infpeclion of that charter by John Pollock ; the anfwer re- 
ceived was, that it had fomehow or other been mifpiaced or miflaid, for that 
a fearch had been made for it without being able hitherto to find it. Moft 
probably however that charter will yet be found on a more diligent fearch ; 
and there can be little doubt, that it will then appear that Walter Stuart 
is therein defigned or defcribed, precifely in the fame manner as in the 
charter under the Great Seal, dated ift February 1439-40, fon of the 
deceafed Sir William Stuart of Caftelmilk^ Knight ; for the difpofuion or char- 
ter by John Pollock was the warrant for the crown charter which followed 
upon it ; and it is well known to every man of bufmefs, that the defcriptions 
in crown charters of perfons and places, are regulated by the defcriptions in 
z z the 



354 



WALTER STUART OF ARTHURLY, 

the warrants of thefe charters ; therefore the defcription of Walter Stuart in 
^ the charter or difpofition from John Pollock niuft have been the fame with 
that which is found in the crown charter which followed upon that dif- 
pofition. 

As John Pollock's charter or difpofition had not been found among 
Lord Glafgow's papers at Haulkhead, it occurred that there might be 
another method of fupplying the want of it, by making a fearch in the 
Public Records for a charter under the Great Seal, in favor of John Rofs, 
Laird of Haulkhead, of his half of the lands of Arthurly ; which charter it • 
was prefumed would be found in the Public Records, much about the fame 
period with that which had been granted to Walter Stuart for his half of 
thefe lands ; and as both charters muft have proceeded upon that fame dif- 
pofition from John Pollock, fo it was highly probable that in that crown 
charter in favor of John Rofs, fome mention would have been made of the 
terms of the charter or difpofition granted by John Pollock, from which it 
would have appeared whether Walter Stuart had in that difpofition been de- 
figned fon of the deceafed Sir William Stuart of Caftelmilk. 

The refult of that fearch in the Public Records was, that upon the fame 
date, and in the fame book where the charter in favor of Walter Stuart 
for his half of the lands of Arthurly is inferted, and where he is de- 
figned fon of the deceafed Sir William Stuart of Cafe/milk, there is im- 
mediately fubjoined a (hort entry of a charter under the Great Seal which 
was granted at the fame time in favor of John de Rofs of the other half 
of the faid lands of Arthurly, That Ihort entry in the Records is in thefe 
words : 

" Carta alterius dimidietatis diftarum terrarum concelT. Johi de Rofle, 
' " et hasredibus fuis, et refignat. in manu Regis per didum Johem de Pollock 
" in forma prefcripta." 

From the latter charter being entered in this abridged manner in 
the Records, immediately after the charter to Walter Stuart, and from the 
concluding words " in forma prefcripta," there can be little doubt that 
the charter in favor of John de Rofs was literally in the fame terms with 
that of Walter Stuart, changing only the name of the perfon in whofe 
favor it was granted ; but every other perfon whofe name might happen 
to be mentioned would be defcribed in the fame manner in the two charters 

from 



SON OF SIR WILLIAM STUART OF CASTELMILK. 

from the crown ; and as Walter Stuart was, in the crown charter in his 
favor in the year 1439, defcribed ion of the dcaafed Sir William Stuart of 
Caftelmilk, there can be no doubt that he would be defcribed in the fame 
manner in the cro\vn charter in favor of John Rofs of his half of the lands of 
Arthurly, if there was occafion to mention him in the courfe of that charter : 
this would have been verified if there had been found in the Records, as 
there was reafon to expecl, a complete copy of that charter in favor of John 
de Rofs, inftead of the fhort entry before-mentioned. 

The perfon who made up the inventory of Lord Glafgow's papers from 
which the article No. i. in Sir John Stuart's printed State of Evidence was 
taken, naturally thought it fufficient, in an inventory meant folely for the 
purpo'fe of indicating where the papers were to be found, to mention 
briefly the papers referred to. In this manner the charter by John Pol- 
lock in 1439, of the lands of Arthurly, in favor of John Rofs, Laird of 
Haulkhead, and Walter Stuart, was briefly mentioned, without diflinguifliing 
whether Sir William Stuart of Caftelmilk, the father of Walter, wastherem 
defcribed as deceafed or not;-that was a matter of no importance to the 
heirs of John Rofs-, it was fufficient for ,their purpofe that the inventory 
which referred to the papers in the charter-room fliould give a fliort de- 
fcription in the manner it has done. It is however, from this article m the 
inventory having been copied literally into Sir John Stuart's State of the Evi- 
■ dence that the perfon who drew up the printed paper on the part of the Earl 
of Galloway has, without making further inquiry, and without pretendmg ever 
to have feen the charter by John Pollock, been led into a train of conieftures 
reafonings, and inferences, which now appear to be totally deft.tute of 
foundation. 

No author has ever doubted of Walter Stuart of Arthurly having beet, 
the fon of the/r/ Sir WilUam Stuart of Caaelmllk. Neither ts there any 
Ividenee .HfcL Sir William Stuart of Caftelmilk, who could PO<Hb V have 
been the father of Walter Stuart of Arthurly. That fecond S,r W„|,a,„ 
Stuart of Caftelmilk is only to be found in the paper draw,, up on the part 
o the Earl of Gallo™, ; .here, by the bye, it is fuppofed that th.s fecond 
sl William Stuart had fucceedcd to the eftate of Caftelmilk upon the death 
of lA brother Sir John Stuart of Dalf.inton, who died before the year ,4-. 
ordin, to thi. fuppontion, therefore, there .nuft have been two Str W^U 




Ac- 

% z 



.^5 WALTER STUART OF ARTHURLY, &c. 

PART 11am Stuarts of Caftelmilk alive at the fame time during a certain period, 

y_ _' ^ f from the year 1420 to the year 1429 ; the inconfiftency of which is abun- 

^° ^' dantly evident. The only method of avoiding thefe inconfiftencies is by re- 

ftoring .to Walter Stuart of Arthurly his true father, Sir William Stuart of 

Caftelmilk who died in the year 1429. 



Walter Stuart of Arthurly having been the youngeft fon of Sir 
William Stuart of Caftelmilk, neither he nor any of the defcendants 
from him ever fucceeded to the family eftates of Caftelmilk or Fyn- 
nart; but the charter above-mentioned In the year 1439, wherein 
Walter Stuart was defcrlbed /on of the deceafed Sir William Stuart of 
Cajlelmilk, becomes of great utility for confirming the other proofs in 
favor of David, Archibald, and Matthew Stuarts, who fucceffively en- 
joyed the eftates of Caftelmilk and Fynnart, as fons of Sir William 
Stuart, and elder brothers of Walter Stuart : for It cannot poflibly 
be difputed, that Walter Stuart was a fon of Sir William Stuart of 
Caftelmilk, being exprefsly fo defigned In a charter from the Crown 
within a few years after the death of Sir William. This then proves, 
that the firft Sir William Stuart of Caftelmilk left one fon at leaft, 
•which fon. If he had been an only fon, muft have fucceeded to the 
family eftates of Caftelmilk and Fynnart ; but as neither Walter nor 
any of the defcendants from him ever enjoyed either of thefe eftates, 
that of itfelf would Indicate that he muft have had elder brothers : 
and as it is proved, that after the death of Sir William Stuart of 
Caftelmilk, the eftates of Caftelmilk and Fynnart were fucceffively 
enjoyed by David Stuart, Archibald Stuart, and Matthew Stuart, in 
exclufion of Walter Stuart of Arthurly and his defcendants; hence 
It appears clearly who were thofe elder brothers of Walter Stuart of 
Arthurly ; and thus the proofs relating to the different members of 
the firft Sir William Stuart of Caftelmilk's family are not only con- 
fiftent, but mutually ftrengthen and confirm each other. 



[ 357 J 



ELEVENTH GENERATION. 

1. WILLIAM SlUART of Caftelmilk, eldeft Son of 
Matthew, fucceeded to his Father in 1474. 

2. JOHN STUART, fecond Son of Matthew, fur- 
vived his Father. 

PROOFS concerning WILLIAM STUART, eldeft Son of 
Matthew. 

NO ,^ JUDICIAL ratification before-mentioned, dated 24th of ^ vn ^ 

•i November 1466, by Ifabella Norvel, Lady of Cardonald, ' — r^r-^ 
wherein fhe is deligned wife of William Stuart, fon and apparent in the charter- 
heir of an honorable man, Matthew Stuart of Cajieltonc. John slualt. 

N° 2. Inftrument of feifm before-mentioned, dated 23d April in the dianer- 
1473, to which William Stuart was one of the witnefles, and is vjunay^Ef^. 
there defigned William Stuart, fon and apparent heir to Matthew Ihwait.""^ 
Stuart of Cajlelmilk. 

N° 3. Judicial tranfumpt by the official at Glafgow, of a charter i„ the podef- 
by King Robert I. to Malcolm Earl of Lennox. This tranfumpt is ouke of Mon- 
dated 29th March 1474; and among the witnelfes to it, there ""'''■ 
are Gulielmus Stuart, Domimis de difiltoun, and Joannes Stuart, 
Praepofitus Glafguen. 

N° 4. In the records of the parliamentary proceedings, at the Pa.1i3ment.1ry 
date of 4th December 1475, there is an article in thefe words: 
" James Stuart and Mr. John Stuart has protcfted, in prefcnce of 
" the Lords Auditors, That becaufe William Stuart of Cafclmilk fum- 
" moned them to his inftance anent the wrongous occupation of 
" the lands of Gallowhill and Wyndlaw, and would not follow 

" nor 



358 WILLIAM STUART OF CASTELMILK, &c. 

PART " nop purfue them in the faid adion ; that therefore the faid Wil- 
i_ - ' _■ " liam Stuart fhould not be heard anent the faid caufe, until the 
^° ^^' " time that they be contented of their expences and cofts, and while 
" they be new fummoned." 

N° 5. The notarial inftrument before-mentioned, dated 6th July 
1484, relative to the claim of Elizabeth Stuart to be ferved heir to 
her grandfather Archibald Stuart of Caftelmilk, upon which occafion, 
in 1484, William Stuart of Cajlelmilk^ the fon of Matthew, appeared, 
and objeded to the fervice. 
In the poffef- N° 6. A pardon or remiflion, dated I2th February 1489, (1490), 
DukeofMon- granted by King James IV. with confent of the three eftates of the 
kingdom aflembled in full parliament, to the feveral perfons therein 
named, for being art and part in proditione, fiiffiilcione^ et detentione of 
the King's caftle of Dumbarton, againft his Majefty's royal authority ; 
and for being art and part in the burning of the town of Dumbar- 
ton, and for all other treafons, rebellions, &c. The perfons particu- 
larly named, to whom this pardon and remiflion was granted, are, 
Matthew Stuart, fon and heir apparent of John Stuart, Earl of 

Levenox, Lord Derneley, 
Alexander Stuart and Robert Stuart, brothers of the faid Matthew. 
William Stuart of Cajlclniilk, Alexander Stuart his fon, John 

Stuart his fon. 
Matthew Stuart and John Stuart, fons of a brother of the faid 
William Stuart of Cafclmilk, &c. &c. 
In the Duke N° 7. Inftrumeut of felfui of the lands of Pennerfex in Annandale, 
berlf'r'ciiar- dated 14th May 1495, in favor of Adam Kirkpatrick, the wit- 
Dni'iXing. nefles to which are thus defcribed : " Prsefentibus ibidem honorabili- 
'' bus viris Alexandra Stuart, f Ho et harede apparente Williclmi Stuart 
" dc Cafelmilk^ Robert de Carruthers de Middlefhaw, Thoma Bell 
" de Kirkonnell, David Bell de Pennerfex," &c. 

Robert de Carruthers of Middlefhaw, one of the witnefles to the 
above inftrument, was the hufband of Elizabeth Stuart, who, in the 

year 



WILLIAM STUART OF CASTELMILK, &c. 

year 1484, had claimed to be ferved heir to her grandfather Archi- 
bald Stuart of Caftelmilk, in the third of Caftelmilk as before-men- ^ 
tioneJ ; which third of Caftelmilk meant the fame thing as the ° ' 
Twenty Merk Lands of Middlefhaw. 

//. B. From this inftrumcnt it appears, that William Stuart of 
Caftelmilk was alive in May 1495 ; but it will be fhewn here- 
after that he died in that year, or in the year 1496, and was 
fucceeded by his fon Alexander above-mentioned. 

William Stuart left two fons, Alexander and John ; and one 
daughter, Marion, who married Alan Stuart, a younger fon of John 
Earl of Lennox ; and of that marriage there was iflue. 

Proof concerning John Stuart, fecond Son of Matthew 
Stuart of Caftelmilk. 

Seifm in favor of Simon de Dalglefh, dated nth December in the poflfef- 
• 1475 ; to which one of the witnefles is Joannes Stuart ^Jilius quond. univernty of 
Matthcei Stuart dc Qi/ielmilk. °^^^^°"'"' 

N. B. There is reafon to believe that this John Stuart, the fecond 
fon of Matthew Stuart of Caftelmilk, was the fame perfon who, 
in many ancient deeds ftill extant, was defigned Prapofitus 
Glafgnen. or Provoji ofGlafgow^ and who, in the courfe of the 
preceding {heets, appears to have been witnefs to feveral 
deeds, along with Matthew Stuart, or with William Stuart of 
Caftelmilk. 



[ 3^0 J 



TWELFTH GENERATION. 

1. ALEXANDER STUART of Caftelmilk, eldeft 
Son of William, and Grand fon of Matthew Stuart 
of Caftelmilk. 

2. JOHN STUART, fecond Son of William Stuart 
of Caftelmilk. 

PROOFS concerning thefe two Sons of William Stuart of 
Caftelmilk. 

p A R t N° I. A LEXANDER Stuart defigned of Cafliltoune is witnefs 
*^ to a feifin, dated lothMay i486, in favor of John Lord 
Maxwell, of the fuperiority of the lands of Nether Pollock in the 
(hire of Renfrew. 

N'' 2. The pardon above-mentioned, dated 12th February 1489, 
(1490,) where Alexander and John Stuarts are mentioned as fons of 
William of Caftelmilk. 

N° 3. The inftrument of feifin before-mentioned, N' 7, of the 

Eleventh Generation, dated 14th May 1495, where Alexander 

Stuart is defcribed " filius et haeres apparens Gulielmi Stuart de 

Caftelmilk." 

n- N" 4. Charter, dated 26th July 1496, by Ifabella Norvel, Lady of 

Cardonald and Drumbean, with confent of Alexander Stuart, her fon 

n, and apparent heir, in favor of Allan Stuart, fon of John Earl of 

iii. Lennox, of the half of the lands of Cardonald in the fhire of Ren- 

■ frew, dilponing thefe lands to Allan Stuart, and to Marion Stuart 

his wife, (daughter of William Stuart of Caftelmilk,) and longeft 

liver of them, in liferent, and to their heirs. 



ALEXANDER STUART OF CASTELMILK, SON OF WILLIAM. ^g^ 

N' 5. Gift from the Crown, under the Privy Seal, dated 23d part 
July 1498, granting to Alexander Stuart of Caftelmilk the profits . 1^'^' _, 
and duties of the lands of Cafliltouo, and part of the lands of ^°^^^- 
Caftelmilk, fmce the deceafe of his father, William Stuart of Cartel- '■^"^'•'•s' 
milk. 

N" 6. Retour of the fpecial fervice of John Rofs, Knight, as heir in the charter- 
to his grandfather John Lord Rofs of Haulkhead, Knight, in various Harikheaa. 
lands in Renfrewfhire, dated at Renfrew, 27th Odbober 1501 ; from 
which it appears that one of the perfons of the inqueft was A»lexander 
Stuart de Caftelmilk. 

N° 7. Charter of Alienation, dated nth February 151 1 (1512), in si. John 
granted by Ifabella Norvell and Alexander Stuart her fon, in favor uTcheft!*'^'^' 
of John Kennedy of Knockreoch, of the Twenty Shilling Lands of 
Drumbean in the fhire of Ayr ; which charter is figned by Ifabella 
Norvell and Alexander Stuart, at Cafliltoun in Lanarkftiire, before 
thefe witnefles, Archibald Stuart, James Stuart, John Stuart, Peter 
Wauch, and William Aikenhead ; and the feals of Ifabella Norvell 
and Alexander Stuart appended to this charter are entire. 

N° 8. Charter of confirmation thereof under the Great Seal, P"biic Re- 
dated 7th April 15x3, in which the original charter confirmed is xv?ii!'No.'ii«. 
verbatim inferted. 

From the above inftruments it appears, that Alexander Stuart was 
alive in 15 1 2. The precife time of his death has not as yet been 
afcertained ; but there is reafon to believe that he died in the year 
1523 or 1524. With refpeft to his brother John Stuart, it is not 
known when he died ; neither is there any furtiier evidence con- 
cerning him, excepting the mention of him in the laid pardon in 
February 1489. 



I 3^2 3 



THIRTEENTH GENERATION. 

1. ARCHIBALD STUART of Caftelmilk and Fyn- 
nart, &c. eldeft Son of Alexander of Caftelmilk. 

2. JAMES STUART, fecond Son of Alexander. 

PROOFS concerning ARCHIBALD STUART, eldeft Son of 
Alexander. 



N» XIU. 
In the Duke 
of Queenf- 
berry'scharter* 
room at Drum - 
lanrig, and re- 
corded in the 
Regifter of 
Probative 
Writsini793. 

In Sir John 
Stuart's pof- 



Amongft the 
papers belong- 
ing to Lord 
Nitkfdale's 



N° I. INSTRUMENT of feifin, dated 13th of Odober 1512, in 
I ^ favor of Symond Carruthers of Moufewald, of the lands 

of Dundonby, Kertilhoufe, and Carruthers in the ftewartry of An- 
nandale, to which Archibald Stuart is a witnefs, and is there de- 
fignedy&« and be'ir apparent of yllexa?ider Stuart of CaJlehMk. 

N" 2. Charter, dated 22d April 1528, granted by this Archibald 
Stuart, therein defigned of Caftelmilk and Fynnart-Stewart, in favor 
of his fon and apparent heir Archibald Stuart and Margaret Max- 
M^ell, his fpoufe, of the lands of Ravenfcraig and others, in the 
fhire of Renfrew. 

N° 3. Charter of confirmation thereof under the Great Seal, 
dated 3d May 1528, in which the charter confirmed is verbatim 
inferted. 

N" 4. Bond of Manrent, dated 23d May 1528, granted by Archi- 
bald Stuart of Caftelmilk to Robert Lord Maxwell, in the ufual 
ftyle of bonds of manrent ; but with this peculiarity in it, that there 
is an exception in the following words t " Excepting that I fall not 
" be compellit by this my band to cum with the faid Robert Lord 
*' Maxwell, nor ftand with him in any actions in contrar my Lord 
" of Levenox^ 15 



[ 3^i ] 

Proofs concerning James Stuart, fecond Son of Alex- part 
ANDER Stuart of Caftelmilk. l- — ^ ^ 

Nt'XIII. 

N° I. Charter and Precept, dated 20th September 15 15, by John This charter. 
Earl of Lennox, Lord Derneley ; whereby, for the fingular love t'o". No- ». 
and favor he had to bis beloved coufin James Stuart, fon of Ahxander '^e Avendaie 
Stuart of Cajielm'ilk, and to Janet Auchinleck, his fpaul'e, he gave to chfrter-'room 
them, and to the longeft liver of them, during their lives, the Forty of Hamilton, 
Shilling Land of the town of Kype of Old Extent, lying in the 
barony of Avendaie and fhire of Lanark. 

N" 2. Aflignation, dated 3d February 1529, by John Earl of 
Lennox, Lord Derneley, fon and heir of Matthew Earl of Lennox, 
to his well-beloved coufin James Stuart of Tweedy, of the right 
of reverfion of the Forty Shilling Land of Kype in the barony of 
Avendaie. 

N. B. It is not known at what time James Stuart, the fecond fon 
of Alexander of Caftelmilk, died j nor whether he left any 
pofterity. 



3 a 2 



I 364 1 



FOURTEENTH GENERATION. 

ARCHIBALD STUART of Caftelmilk, Son of the 
preceding Archibald and Grandfon of Alexander 
Stuart. 

PROOFS concerning this ARCHIBALD. 

PART N" I. 'T^HE charter before-mentioned, dated 22d April 1528, 
f_ - . — »j -*- proves that this Archibald was the fon of the preceding 

Archibald ; for by that charter, the lands of Ravenfcraig and others, 
in the (hire of Renfrew, were granted by Archibald Stuart of 
Caftelmilk and Fynnart-Stewart, to his fon and apparent heir Archi- 
bald Stuart and Margaret Maxwell, his fpoufe, and to the heirs 
then procreated or to be procreated between them. 
In tlieciiaifer- N° 2. InftrumcHt of fcifin, dated 7th Auguft 1532, of certain 
John Stuart. lands in Gourock in the fhire of Renfrew, in favor of Archibald 
Stuart and Margaret Maxwell, fpoufes, proceeding on a charter 
granted in their favor by Archibald Stuart of Caftelmilk, 'his father, 
dated 22d April 1528. 
intheE riof N° 3. Contrad, dated 7th November 1533, between John John- 
charter-ciieftof ftoun of that Ilk, and Archibald Stuart, younger of Caftelmilk, 
papc.s"."^" whereby Archibald Stuart became bound to labour to caufe his 
father infeft the Laird of Johnftoun, and his heirs heritably, upon a 
reverfion for 200 merks, and a tack of feven years for the old maill 
yearly, in the Six Merk Lands of Brumell, Two Merk Land of 
Brigmuir, and Forty Shilling Land of Toddelmuir of Old Extent, 
with the pertinents ; and if his fald father refufed to infeft the faid 
Laird of Johnftoun as faid is, then the faid fon Archibald fhall 

labour 



ARCHIBALD STUART OF CASTELMILK, &'c. -5- 

labour at his faid father to get ftate and feifin to himfelf heritably in P a r t 
the faid Eleven Merk Land, and {hall infeft the Laird of Johnftoun ' - _j 
and his heirs heritably in the faid lands by charter and feifin. This 
contraft, dated at Lochmaben, 7th November 1533/15 afcertained by 
a notarial copy thereof, dated penult December 1562, which is 
amongft the Annandale papers in the pofTeflion of the Earl of 
Hopetoun, from whence it appears that the original contrad was 
figned by the parties thus : 

" JOHNE JOHNSTOUN of that Ilk. 

" Archibald Stewart younger, Lcjird 
" of Cajldimlkr 
iV, B. From the above contradl it appears, that both Archibald 
Stuart the father, and Archibald the fon, were alive in No- 
vember 1533 ; and as the fon by his fignature defcribed \v\\\\- 
idi Laird of Cajlelmilk^ it is probable that the father had in his 
own lifetime given to the fon the eftate of Cafelmilk in Annan- 
dale; referving to himfelf the eftates of Cajfiltoiin in Lanark- 
fliire, and of Fynnart-Stewart in Renfrewfliire. This conjec- 
ture is confirmed by the fubfequent title-deeds of thefe eftates, 
to be hereinafter mentioned. 
N° 4. Tack and Afledation, dated 6th April 1541, granted by 
Archibald Stuart younger of Caftelmilk, and Margaret Maxwell his 
fpoufe ; whereby they let the lands of Caftelmilk lying in the 
ftewartry of Annandale, to and in favor of Robert Lord Maxwell, 
and Agnes Stuart Countefs of Bothwell, his fpoufe, for payment of 
certain maills and duties. 

This tack and afledation Is recited in a contrad, dated 27th No- Extraafrom 
vember 1578, and recorded in the Books of Seffion the fame day, lilenooUor^ 
between John Lord Maxwell and Archibald Stuart of Caftelmilk, ^''"""' 
grandfon of the faid Archibald Stuart who granted the tack and 
afledation in the year 154 1. 

As Archibald Stuart was in that tack, dated in the year 1541, 
defigned jotfw^tT of Cafl;elmilk, it fhcws that both father and fon 

were 



«56 ARCHIBALD STUART OF CASTELMILK, &c. 

PART were then alive ; but both of them muft have died before the month 

VII. 

L - - ; of July 1543, as v^rill appear from vi'hat follows ; and there is reafoa 

to think that Archibald the fon died before his father. 

Kccor/s^^' N° 5. Letter of gift by Queen Mary under the Privy Seal, dated 

Bookxvii. joth July 1543, in favor of Archibald Earl of Argyll, of the ward 

and non-entry of the lands of Cafllltoun in the (hire of Lanark, and 

alfo of the lands of Fynnart-Stewart in the barony of Renfrew, 

which pertained to umqub'tll Archibald Stuart of Cajldm'ilk^ and 

through the deceafe of him, or any others his predeceflbrs, laft 

lawful poffeflbrs thereof, being in the hands of our Sovereign Lady 

(Queen Mary) as fuperior thereof, by reafon of ward, non-entry, 

&c. ay and while the lawful entry of the righteous heirs thereto, 

being of lawful age, together with the relief thereof when it ftiall 

happen. 

Privy Seal N° 6. Gift of the Ward and non-entries of the fame lands of 

Bookxvii. Cafllltoun and Fynnart-Stewart, in favor of John Hamilton of 

Samuelfton, dated 25th Auguft 1543 ; which gift is precifely in the 

fame terms with that granted in the preceding month of July in 

favor of Archibald Earl of Argyll. 

From the two preceding gifts of the ward and non-entries of the 
lands of Cafllltoun and Fynnart, dated in July and Auguft: 1543, 
it appears, that Archibald Stuart, the proprietor of thefe eftates, was 
then dead. He was fucceeded by his grandfon David, who was the 
fon of Archibald Stuart the younger of Caftelmilk, who appears to 
have predeceafed his father ; and therefore, though this Archibald 
the younger had got right to and made up his titles, during his 
father's life, to the lands and eftate of Caftelmilk in Annandale, yet 
it appears that he never fucceeded to or enjoyed either the eftate of 
Cafllltoun in Lanarkfliire, or the eftate of Fynnart in Renfrewftiire ; 
thefe eftates were taken up by David Stuart, as heir to his grand- 
father Archibald Stuart the elder of Caftelmilk. 



FIFTEENTH GENERATION. 

1. DAVID STUART of Caftelmilk, eldefl Son of the 
preceding Archibald, younger of Caftelmilk. 

2. ALEXANDER STUART of Craigs, Tutor of 
Caftelmilk, died without male iflue, leaving three 
Daughters, Coheirefies. 

3. JOHN STUART, Redor of the College of Glafgow 
from 1545 to 1550, died without iflue. 

PROOFS concerning DAVID STUART, the eldefl Son of 
Archibald. 

N° I. /CHARTER of fale, dated 27th May 1546, granted by p a^R T 

^ James Stuart of Cardonald, in favor of David Stuart of 1 — -^1 — » 
Caftelmilk, bearing, that he had fold to David his Five Pound Land of in^.hcjUarter- 
Old Extent of Henrieftoun, lying in the barony and fhire of Renfrew. John Stua.t. 
N° 2. Decreet before the Confiftorial Court of Glafgow, decerning in ,i,e inven- 
John Maxwell of Berfsfield, and John Hamilton in Humble, con- A7nandaie 
jundly and feverally, to make payment to David Stuart of Cartel- l^Tpltou'. 
milk of forty-four merks Scots money yearly for nine years, for ''""^'• 
the tack of the lands and fortalice of Caftelmilk, let to Robert 
Lord Maxwell for the faid fpace by the faid David Stuart, dated ift 

July 1546. 

N' ^ Seifm, dated 2d Odober 1550, in favor of David Stuart The feifin. 

O' ' , 1/- 1 • 1 N" 3 and 4, 

of Caftelmilk, as heir of Archibald Stuart his grandfather in the •■j^si'^M"^ 
Twenty Merk Lands of Caffiltoun in the fhire of Lanark, proceeding " ' ■ 
on a precept forth of the Chancery. 

N" 4. Another feifin, dated 20th Odober 1550, in his favor, as 
heir to the faid Archibald Stuart his grandfather, in the Twenty-fix 
Merk Eight Shilling and Four-penny Land of Fynnart-Stewart, in the 
fliire of Renfrew, proceeding on a precept forth of the Chancery. 

N. B. Thef* 



Callelmilt. 



Amorgft the 
Cattdmilk 



cf Sir John 
Caftelmilk.. 



DAVID STUART, ELDEST SON OF ARCHIBALD. 

JV. B. Thefe two feifins, dated in Oftober 1550, are particularly mentioned 
in an old inventory of the title deeds of the Caftelmilk family, drawn 
up in the year 1667, as then in the pofleflion of the family, but have 
fomehow been miflaid fmce that time — they may yet be found ; at any 
rate, their place will be fupplied by the other evidence which connefts 
David Stuart of Caftelmilk with his anceftors : particularly it is fup- 
plied by the precept of clare, (No. 7, in the Sixteenth Generation,) 
which declares Archibald (the fon of this David) to be the grandfon of 
Archibald (who was the father of this David) ; confequently that 
proves David to have been the fon of that Archibald. 
N° 5. Charter of refignation under the Great Seal, dated 24th 
November 1550, in favor of David Stuart of Caftelmilk, and Janet 
Cunningham his fpoufe, of the Five Pound Lands of Old Extent of 
Dowart in the barony and fheriffdom of Renfrew^ proceeding on 
David's own refignation. 

N° 6. Precept of feifin, dated 13th March 155 1,. by David Stuart^ 
defigned in the precept of Caftltotm and Fytiimrt^ for infefting 
John Kennedy, fon and heir of Thomas Kennedy of Knockreoch, 
in the Twenty Shilling Land of Drumbain in the (hire of Air, which 
precept is figned thus : " David Stewart of Cafelmilk and CaJJiltouuJ^ 
N" 7. Charter, dated 12th May, 1554, granted by David Stuart 
defigned de Cafielmilk, ac Domhius terrarutn de Caffiltoun^ whereby 
he granted to Eupham Stirling, &c. an annual rent of 20/. ScotSj 
forth of his lands of the mains of Caffiltoun in the fhire of Lanark ; 
upon which charter infeftraent followed the fame day, and amongft 
the witnefles to the infeftment there is John Stuart, brother of the 
faid David Stuart of Caftelmilk. The charter is figned by David, 
thus : " David Stewart of Cqjiclmilk.^'' 

N° 8. Gift of non-entry, dated 22d May 1554, in favor of David 
Stuart of Caftelmilk, whereby the duties of the Twenty Shilling- 
Lands of Drumbain in the ftiire of Air were granted to him fmce the 
deceafe of Ifabella Norvel. 

N: B. This Ifabella Norvell was wife of William Stuart of Caftel- 
milk, who was father of Alexander Stuart, great-grandfather of 
this David Stuart. 



DAVID STUART, ELDEST SON OF ARCHIBALD. 369 

N" 9. Charter of refignation by James Stuart of Cardonald, in part 

favor of David Stuart of Caftelmilk, of the lands of Eafter Hen- i -1,^ 

rifloun, dated 27th May 155 c. 

' ' J JJJ Among the 

A letter to Alexander Stuart, tutor of Caftelmilk, of the gift of ^^^l 'J^^f,',"^., 
non-entries of the lands of Caftelmilk, &c. to be in force no longer charter-d.eft. 
than the faid Alexander or his heirs happens or happen to live at Privy seai 

Records, 

the place, or to leave a wife, able man to keep the fame, dated June Book xxviii. 
7th, 1556. 

David Stuart appears to have died either in 1556 or early in 

5557- 



SIXTEENTH GENERATION. 

1. ALAN STUART, eldeft Son of David, fucceeded 
his Father ; but died without IfTue in 1557. 

2. ARCHIBALD STUART, fecond Son of David of 
Caftelmilk fucceeded, and carried on the Line of the 
Family. 

PROOFS concerning ALAN STUART, the eldeft Son. 

AS David Stuart of Caftelmilk died either in the year 1556 or 1 
beginning of 1557, ^""^ Alan Stuart his ion died at lateft 4_ 
before the end of the year 1557, and without leaving iifuc, fo it ap- 
pears, that during the (hort time he lived after his father's death, he 
had not made up his titles either to the lands of Caftelmilk in An- 
nandale, the lands of Cafliltoun in Lanarkfliire, or the lands of Fyn- 
nart in Renfrewfhire. The only lands to which he made up his 
titles was to the lands of Henrieftoun in Renfrewftiire hold of a 
fubjed fuperior, James Stuart of Cardonald. The evidence of his 
having made up his titles to thefc lands of Henrieftoun is a precept 
3 » of 



^-o ALAN STUART, ELDEST SON OF DAVID. 

PART of dare conjlat, dated 13th January 1557-8, by James Stuart of 
,_ ^"' ^ Cardonald, as fuperior, for infeftiiig Archibald Stuart, brother of 

^°^^^- Alan Stuart, fon of David Stuart of Caftelmllk, as heir to Alan his 

of darJ^on' brothcr, in the lands of Eafter Henrieftoun in the fhire of Renfrew. 

chaVier-cheft This prcccpt oi clare not only fhews that Alan Stuart had been the 

snfan.^"''" laft vaflal in thefe lands, but that he had died before 13th of January 

1557-8, and that Archibald Stuart was heir to his brother Alan. 

Proofs concerning Archibald Stuart of Caftelmilk, the 
Brother of Alan, and the Son of David Stuart of 
Caftelmilk. 

N" I. Precept of dare conjlat before-mentioned, 12th January 
1557, by James Stuart of Cardonald, for infeftlng Archibald as heir 
to his brother Alan in the lands of Henrieftoun. 

N° 2. It appears that Archibald Stuart^ when he fucceeded to 
his father and brother in the year 1557, muft have been very young, 
for he was not of age upon the nth of November 1572, as appears 
In the charter- from a grant of redemption executed by him of that date, in favor 
John Stuart, of John Stuart of Bowhoufe, wherein Archibald (defigned fon and 
heir of David Stuart) obliges himfelf to ratify that grant when of 
perfedl age. The affairs of the family were, during a long minority, 
managed by his uncle Alexander Stuart of Craigs, who thence got 
the title of Tutor of Cajldmilk. 

It was probably owing to his minority that there was fo long a 
delay in making up his titles to the lands which belonged to his 
aneeftors, and were held by them ward or taxt-ward of the Crown, 
or of the Prince and Stewart of Scotland, as will appear from 
what follows. 
intheTubiic N" 2. Charter under the Great Seal, dated 28th November 1570, 
xxx°i.'Noi°9. of the Twenty-fix Merk Eight Shilling and Four Penny Lands of 
Old Extent of Fynnart-Stewart in the fhire of Renfrew, in favor of 
Archibald Stuart of Caftelmilk, and Janet Stuart, daughter of Sir 

John 



ARCHIBALD STUART OF CASTELMILK. 

John Stuart of Minto, Knight, his future fpoufe, in conjunct fee 
and liferent, and to the heirs of Archibald, proceeding upon his j, 
own refignation. 

N° 4. Retour of the fpecial fervice of Archibald Stuart, as fon and 
heir of David Stuart of Caftelmilk, in the lands of CaiTiltoun in 
Lanarkfhire, and the lands of Fynnart-Stewart in Renfrewfhire, 
dated 1576. 

N. B. This retour is amiffing, but there were precepts from 
the Chancery, and infeftments in confequence of it. 

N" 5. Inftrument of feifm, dated 23d April 1576, given to Archi- 
bald Stuart of Caftelmilk, as fon and heir of the deceafed David 
Stuart his father, in the Twenty Merk Lands of Cafliltoun, proceed- 
ing on a precept forth of the Chancery. 

N" 6. Another inftrument of feifm, dated 4th November 1576, 
in favor of the faid Archibald Stuart, as fon and heir of the faid 
David Stuart his father, in the Twenty-fix Merk Eight Shilling and 
Four Penny Lands of Fynnart-Stewart, proceeding on a precept 
forth of the Chancery. 

Thefe two feifms, dated in 1576, are particularly mentioned in the old in- 
ventory (i 667) of papers then in the pofleirion of the Caftelmilk family ; but 
upon a fearch lately made, they have not been found there : the want of 
them however is of no confequence, as it is otherways fufficiently proved 
that this Archibald Stuart was the fon of David Stuart ; particularly by the 
precept of dare conjiat, and alfo by the grant of redemption mendoned on 
the preceding page. 

Concerning the Lands of Cajielmilk in Annandak. 

N° 7. Precept of dare conjiat, dated 2d November 1579, granted i 
by Robert Stuart, Earl of Lennox, Lord Derneley, as fuperior of J 
the lands of Cafehnilk in Annandale, in favor of Archibald Stuart, 
for infefting him in the lands of Caftelmilk and Bromhill in the 
ftewartry of Annandale, as neareft and lawful heir of his grandfather 
Archibald Stuart before-mentioned, to be held ward of the Earl of 

Lennox. 

3 B 2 N. B. In 




ARCHIBALD STUART OF CASTELMILK, 

A". B. In this deed granted by the Earl of Lennox, he defcribes 
Archibald Stuart of Caftelmilk as his beloved coufin. The 
words are, " Coi/fanguinetis nojler dileSlusr 

N° 8. Charter of novodamus by Robert Earl of Lennox, as 
fuperior of the lands of Caftelmilk, in favor of the faid Archibald 
Stuart, granting to him de novo the faid lands of Caftelmilk and 
Bromhill, dated 13th November 1579. 

Archibald Stuart was infeft on the precept of dare conjlat on 
9th November 1579, 'and upon the charter of novodamus on 
the 2d of February 1579 (1580). 

It appears, from a contrad between John Lord Maxwell and this 
Archibald Stuart of Caftelmilk, dated 27th November 1578, and 
regiftered in the Books of Seffion the fame day, that Archibald Stuart 
agreed to difpone in feu-farm to John Lord Maxwell, for certain 
confiderations therein mentioned, all and haill the lands of Caftel- 
milk, with the tower, fortalice, &c. lying in the ftewartry of An- 
nandale, which, in any time bygone, had pertained to the faid 
Archibald Stuart or his predeceflbrs, excepting always the Ten Merk 
Lands of Brummel and Toddelmuir ; to be holden of the faid 
Archibald Stuart and his heirs in feu-farm for ever, paying therefor 
yearly fuch like yearly mail for the feu-mail thereof as is contained 
in the tack and afledation which was fet by the deceafed Archibald 
Stuart of Caftelmilk, younger, grandfather of the faid Archibald 
Stuart now thereof, and Margaret Maxwell his fpoufe, to the deceafed 
Robert Lord Maxwell and Agnes Stuart, Countefs of Bothwell, his 
fpoufe, of the date, at Caftelmilk, the 6th day of April 1541, and 
after the form and tenor thereof allenarly ; and the faid Archibald 
Stuart obliged himfelf between and the 1 2th January then next, 
(ij79,] to bring and produce his predeceflbrs and his own haill evi- 
dents, charters, infeftments, and feifms of the faid lands to Edinburgh, 
and that he fliould then perform and expede the faid infeftment of 
feu-farm to the faid Lord Maxwell, in fuch manner as the faid Lord 
Ihall devife ; and further, obliged himfelf to obtain from the Earl of 
I Lennox 



SON OP DAVID STUART OF CASTELMIL'I. ^73 

Lennox fiiperior thereof^ a fufEcient charter of confirmation upon the part 
fald infeftment in fure manner, paft under his fubfcription and feal. ■_ - -' j 

In the preceding contraft, Archibald Stuart, one of the contrafting 
parties, is defcribed grandfon of that Archibald Stuart of Caftelmilk, younger, 
who with Margaret Maxwell, his fpoufe, had granted a tack in the year 
1541, to Robert Lord Maxwell, of the lands of Caftelmilk. It follows there- 
fore neceflarily from this defcription, that David Stuart, the father of this 
Archibald, mufl have been the fon of Archibald Stuart the hufband of Mar- 
garet Maxwell ; for when two things are proved, firft, that Archibald was 
the fon of David ; and, fecondly, that the fame Archibald was the grandfon 
of Archibald the hulband of Margaret Maxwell ; it mufl follow that David 
was the fon of that Archibald. 

In confequence of this contract, a charter of alienation of feu- 
farm was, upon the 2d of March 1579, granted by the faid Archibald 
Stuart to John Lord Maxwell ; whereby Archibald difponed to him 
the lands of Caftelmilk, (except the lands of Brummel and Toddel- 
muir, extending to a Ten Merk Land,) to be holden of the faid 
Archibald Stuart, for payment of forty merks of feu-duty. 

Upon this charter of alienation John Lord Maxwell was infeft in 
the lands of Caftelmilk upon the 24th of March 1579 (1580). 

Since the above period, the property and poffeftlon of the Forty 
Merk Lands of Caftelmilk in Annandale was transferred from the 
Stuarts of Caftelmilk to the Maxwells ; but the Stuarts have always 
retained the title of Caftelmilk ; and, in order to preferve the re- 
membrance of their connexion with their old inheritance, they 
transferred the name or defcription of the lands of Cqftelm'dk 
in Annandale, to the lands of CaJJiltoiin in Lanarklhire, as appears 
from Crown charters and other deeds foon after that period. 

N" 9. Commiflion, dated 28th July 1604, and recorded in the Records of the 
Books of Seflion 17th February 1606, by Ludovic Duke of Lennox, r.on; a»d 
whereby he appoints Archibald Stuart of Cajlelmilk one of his Com- t.aa oi the 
mifTioners for managing his eftates in Scotland ; the other Com- the HTenion 
miffioners thereby appointed are, Hugh Lord Loudoun, Walter, of Momrofe. 

Com- 



374 



ARCHIBALD STUART OF CASTELMILK. 

Commendator of Blantyre, Sir William Stuart of Traquair, Sir 
J Matthew Stuart of Mlnto, &c. 

This Archibald Stuart of Caftelmilk, fon of David, died in the 
year 1612, and his wife Janet Stuart, daughter of Sir John 
Stuart of Minto, and fifter of Walter Stuart, the firft Lord 
Blantyre, died in the year 16 13, as appears from the records of 
the church of Carmunnock, where they were both buried. 

Of the marriage between Archibald and Janet Stuart, there was one 
fon Archibald, who fucceeded him, and four daughters, to wit, 

Margaret, married firft to John Stuart of Blackball and Ardgowan, 
and fecondly, to Matthew Wallace of Garfcadden. 

Elizabeth, married to Alexander Cunningham of Craigends. 

Johanna, married to John Wallace of Cairnhill. 

Mary, married to Nicoi Cornwall of Bonhard- 



SEVENTEENTH GENERATION. 

Sir ARCHIBALD STUART of Caftelmilk and Fyn- 
nart, Son of the preceding Archibald, and Grandfon 
of David. 

PROOFS concerning Sir ARCHIBALD STUART of Caftelmilk, 
. Grandfon of David, and Hufband of Anne Semple, Daughter 
of Robert Lord Semple. 

PART N° I. /^RIGINAL contract of marriage, dated at Renfrew, 8th 



*-^ J' 



Tune 160-5, between Archibald Stuart, therein deli"-ned 

N° XVIL ^ ^ ' o 

Thiscontiaft fou and apparent heir of Archibald Stuart of Caftelmilk, and Anne 
the Books o" Semple, eldeft daughter of the marriage between Robert Lord Sem- 
Aj.ri'r.jjj!'' pie and Lady Margaret Montgomery, daughter of Hugh Earl of 

Eglin. 



SIR ARCHIBALD STUART OF CASTELMILK. ^j; 

Eglintoune ; to which contrad Archibald Stuart the father, and part 
Robert Lord Semple, are parties. t- — „— _# 

N 2c Special lervice and retour or tliis Sir Archibald Stuart, as 
heir to his father Archibald Stuart of Caftelmilk, dated 23d June 
1628. 

N. B. This fpecial fervice is amifTing ; but the precept from the 

Chancery, and the feifins following on it, are flill extant. 
N" 3. Precept forth of the Chancery, dated 23d June 1628, Tins pic«/,t 
diredted to the flieriff of Renfrew, for infefting the faid Sir Archi- stuan's char. 
bald Stuart, as fon and heir of the deceafed Archibald his father, 
in all and haill the Twenty Merk Lands of Caffiltoun, and Forty 
Merk Lands of Fynnart-Stewart. 

This precept orders fecurity to be taken for the fum therein 
mentioned, becaufe that the lands had remained in the handa 
of the Crown for about feventeen years, by reafon of non- 
entry. 
N°4. Inftrument of feifm, dated 31ft Odtober 1629, in favor of ^" sir John 
Sir Archibald Stuart in the Twenty Merk Lands of Cafliltoun, 'er-cheiu 
proceeding on the faid precept from the Chancery. 

N° 5. Inftrument of feifm, dated 9th November 1629, in favor 
of the faid Sir Archibald Stuart, of the lands of Fynnart-Stewart 
in Renfrewfliire, proceeding on the faid retour and precept from the 
Chancery. 

From a memorandum on the back of the original contra£t 
of marriage before-mentioned, it appears that Anne Semple 
died in December 1631, and that Sir Archibald Stuart, her huf- 
band, died on the 12th of June 1660. They were both buried 
in the church of Carmunnock, which is the parifh church of Caffil- 
toun, now called Caftelmilk. 

Of that marriage there were two fons, viz. Archibald Stuart of 
Caftelmilk, the eldeft, and James Stuart of Torrance, the fecond. 
fon ; likewife one daughter, Janet, married to John Hamilton 
of Udfton, Efq. 



[ 376 ] 



EIGHTEENTH GENERATION. 

ARCHIBALD, the eldeft Son of the Marriage between 
Sir Archibald Stuart and Anne Semple, Daughter 
of Robert Lord Semple. 

JAMES STUART of Torrance, fecond Son of that 
Marriage. 

PROOFS concerning ARCHIBALD STUART, the eldeft Son. 

N" I. /^RIGINAL contrad of marriage, dated 14th February 
J ^<-^ 1634, between Archibald Stuart, younger of Caftelmilk, 



johJsttfait. part, and Lady Mary Fleming, daughter of John Earl of WIgtoun, 

on the other part. 
In the charter- N" 2. Charter of refiguation under the Great Seal, dated i cth 

cheftofSii . ^ , 

John Stuart. December 1634, proceeding on a procuratory of rengnation, dated 
Public Re- joth December 1634, and regiftered in the Books of SefTion, 4th 
March 1635, in favor of Archibald Stuart, eldeft lawful fon and 
apparent heir of Sir Archibald Stuart of Fynnart, Knight, and Lady 
Mary Fleming his wife, in conjun£t fee and liferent, and to the 
heirs male to be procreated between them ; whom failing, to the 
faid Archibald Stuart, his heirs male and aflignees, of certain parts 
of the Twenty Merk Lands of Caffiltoun in the fliire of Lanark j 
and likewife granting to Sir Archibald Stuart the father, in liferent, 
and to the faid Archibald Stuart his eldeft fon, and his forefaids, in 
fee, the Forty Merk Lands of Fynnart-Stewart and others in the 
(hire of Renfrew. 

This 



ARCHIBALD STUART SON OF ARCHIBALD. ^-- 

This Archibald Stuart younger predeceafed his father, having died part 
in May 1643. He left one fon, Archibald, who fucceeded to his (_Jl!il.>j 
father and grandfather; and one daughter, Anne, married to John ^° ^'^"'• 
Crawfurd, eldeft fon of John Crawfurd, Efq of Crawfurdland. 

Proofs concerning James Stuart of Torrance, fecond Son 
of the Marriage between Sir Archibald Stuart and 
Anne Semple, eldeft Daughter of Robert Lord Semple. 

N" I. Contrad, dated 7th and loth December 1647, between intheciia>te.-- 
James Earl of Abercorn, and James Stua?-t, therein defigued laizfiil joLi °siuart. 
fon of Archibald Stuart ofCafelmilk^ Knight ; whereby the Earl fet to 
him, and his heirs and aflignees, the teind-fheaves and parfonage- 
teinds of the lands of Cafliltoun and others. 

N" 2. Procuratory of refignation, dated 13th November 1667, This procuia- 
by Sir Archibald Stuart of Caftelmilk, (who was grandfon of Sir Ar- mlnt'ofrrfg- 
chibald Stuart the hufband of Anne Semple,) for refigning the lands The' d.a'^rTer'' 
of Cafliltoun, Finnart-Stewart, &c. in the hands of the fuperiors, John SiuaTt. 
for new infeftments in favor of himfelf and Mrs. Mary Carmi- 
chael, his fpoufe, in conjunct fee, and the heirs male to be pro- 
created between them ; and failing heirs male of his own body, 
to fames Stuart of Torrance, his uncle, and the heirs male of ^ his 
body ; which failing, to the eldeft daughter and heir female of the 
body of Sir Archibald Stuart the granter; upon which procuratory an 
inftrument of refignation followed on the 22d of November 1667. 

Thefe deeds are fufficient for proving the relationfhip of James Stuart 
of Torrance to the Caftelmilk family, to wit, that he was fecond fon 
of Sir Archibald Stuart, who married Anne Semple, and the younger 
brother of Archibald Stuart who married Lady Mary Fleming. 

This James Stuart of Torrance married a daughter of Sir Alex- 
ander Cunningham of Corfehill, Baronet, and died in the year 1690, 

3 c at ^ 



.„S JAMES STUART OF TORRANCE. 

PART at the age of feventy-fix ; and was fucceeded in the eftate of Tor- 
, ■' , ranee by his ion, 

H" XVIII. Alexander Stuart of Torrance, who married Ifabel, eldeft daughter 
of Sir Patrick Nifbet of Dean, Baronet ; of which marriage there 
were feven fons and three daughters. He died in the year 1735. 

The daughters of tht marriage were, ift, Agnes, married to Mat- 
thew Ciawfurd, merchant in Glafgow ; 2d, Margaret, married to 
Alexander Inglls Hamilton, Efq. of Murdoftoun ; 3d, Chriftian,, 
- married to Sir William Maxwell of Caluerwood, Baronet. 

Of the (tytn fons, only three of them furvived their father Alex- 
ander, to V it, 

Jame:. Stuart of Torrance^ eldeft fon, Lieutenant Colonel of the 
3d regiment of foot-guards, and one of tne Gentleman Ufhers to 
King George the Firft. He died unmarried in the year 1743, 
and was fucceeded by his brother Patrick Stuart of Torra?zce, Cap- 
tain in the Royal regiment of foot, and fome time Reprefentative 
in Parliament for the county of Lanark. ,He died unmarried in 
the year 1 760, and was fucceeded by his brother Archibald Stuart of 
Torrance, who carried on the line of the Torrance family. He married 
Elizabeth, daughter of Sir Andrew Myreton of Gogar, Baronet, and 
died in November 1767, leaving three fons and three daughters. 

I ft Son, Alexander Stuart of Torrance, married Elizabeth Nifbet, 
daughter of John Nifbet of Northfield, Efq. and died on the 23d of 
March 1 796, without iffue. 

2d Son, Andrew Stuart, who during feveral years reprefented the 
county of Lanark in parliament, and is now member of parliament 
for Weymouth ; he married Margaret Stirling, daughter of Sir 
William Stirling of Ardoch, Baronet, and fucceeded to the eftate of 
Torrance on the death of his brother Alexander Stuart. 

3d Son, James Stuart, Major General in his Majefty's fervice, 
and Colonel of the 31ft regiment of foot, married Lady Margaret 

Hume, 



379 

PART 

vir. 
No xvm. 



JAMES STUART OF TORRANCE, 

Hume, daughter of Hugh Earl of Marchmont, and died on the 2d 
of February 1793, without iffue. 

I ft Daughter, Jane, married to Thomas Earl of Dundonald. — 
2d Daughter, Ifabel, married to Sir Robert Henderfon of Fordel, 
Baronet. — 3d Daughter, Elizabeth, married to William Binning of 
Pilmuir, Efq. Advocate. 



NINETEENTH GENERATION. 

Sir ARCHIBALD STUART of Caftelmilk, Soa of 
the Marriage between Archibald Stuart younger 
of Caftelmilk and Lady Mary Fleming. 

PROOFS concerning this Sir ARCHIBALD. 

N* I. QPECIAL Service, dated 31ft July 1661, by which this pari 
^ Sir Archibald was ferved and retoured heir to his father \w ■^-'- 

Archibald, who died in May 1643, and Hkewife heir to his grand- ' 

father Sir Archibald, who died 12th June 1660. ilia's!. John' 

The lands contained in this fpecial fcrvice are, the lands of Caf- fercLeft.''' 
filtoun in Lanarkfhire, and the lands of Fynnart in Renfrew- 
Ihire ; and the retour afcertains, that Aixhibald the father had 
died in May 1643, and Sir Archibald the grandfather on 12th 
June 1660. 
N" -2. Original Contrad of Marriage, dated 2d September 1665, in sir John 
between Sir Archibald Stuart of Caftelmilk, and Mrs. Mary Car- ter'.cUeft. 
michael, with confent of William Duke of Hamilton her imcle, 
James Lord Carmichael her grandfather, Sir Daniel and Sir James 
Carmichaels her uncles, and John, Mafter of Carmichael, her brother 

N° 3. Letters Patent, or Diploma, dated 29th February 1668, in sir jahn 
by which this Sir Archibald Stuart was created a Knight Baronet of te "cheft."''" 
Nova Scotia. 

3 c 2 N" 4. 






3So SIR ARCHIBALD STUART OF CASTELMILK. 

PART N° 4. Charter under the Great Seal, dated 4th Auguft 1680, 
i_ — .- _i graming the lands of Caftelmilk, alias CafTiltoun, &c. in favor of Wil- 
N°xix. 2j^^ Stuart the eldeft fon ; whom failing, to Archibald the fecond 
fon ; whom failing, to Daniel the third fon j whom failing, to James 
the fourth fon of Sir Archibald Stuart, and the heirs male of their 
bodies faccellively ; whom all failing, to the heirs male whatfoever of 
the faid Sir Archibald Stuart. 

Sir Archibald died in the year 168 1, leaving four fons, viz. ift, 
William, who fucceeded him ; 2d, Archibald ; 3d, Daniel ; 4th, 
James Stuart. And two daughters ; i ft, Anne, married to Sir Wil- 
liam Cunningham of Cunninghamhead, Baronet ; and 2d, Martha, 
married to James Houftoun of Houftoun, Efq. fon of Sir Patrick. 
Houftoun of Houftoun, Baronet. 



TWENTIETH GENERATION. 

1. Sir WILLIAM STUART, who fucceeded his Father 
Sir Archibald in i68t. 

2. ARCHIBALD STUART, died unmarried. 

3. DANIEL STUART, left two Sons, both of whom 
died without IfTue. 

4. JAMES STUART, died unmarried. 

PROOFS concerning Sir WILLIAM STUART the eldeft Son. 

N°i. /GENERAL Service, dated i8th February 1682, of Sir 
^^ William Stuart, as fon and heir of Sir Archibald Stuart 
of Caftelmilk. 

N°2. 



SIR WILLIAM STUART OF CASTELMILK. .Jl 

N" 2. Charter of Refignation under the Great Seal, dated 24th part 
April 1694, in favor of Sir William Stuart, of the lauds of Caffil- ■_ — , J. _, 
toun and others. '''^^' 

Sir William Stuart married Margaret, daughter and fole heirefs of stuaifs char. 
John Crawford of Milton, Efq. and died in November 17 15, leaving 
two fons, Archibald and John, and one daughter, Margaret, married 
to John Belfches, Efq. of Invermay ; of which marriage there was 
one fon, John Belfches, Efq. now of Invermay. 



With regard to the younger Brothers of Sir William Stuart of 
Caftelmilk, Archibald the feconJ, and James the fourth, brothers, 
died unmarried ; Daniel, the third brother, married the eldeft 
daughter of Sir George Wifhart, Baronet ; of which marnage there 
were two fona, George, who died unmarried, and William, who hav- 
ing fucceeded to Sir George Wifhart's Baronetage, became Sir Wil- 
liam Stuart. He died at Paris in the year without iffue. 

Daniel left alfo two daughters, whereof Delia, the youngeft, died 
unmarried. The eldeft daughter, Mary, married John Belfches, Efq. 
of Invermay, of whieh marriage there was one daughter, jEmelia, 
who married Dr. William Belfches ; and the prefent Sir John 
Belfches, Baronet, is the only fon of that marriage. 



TWENTY-FIRST GENERATION. 

1. Sir ARCHIBALD STUART, eldeft Son of Sir Wil- 
liam, fucceeded to his Father in 1715. 

2. JOHN STUART, fecond Son, who fucceeded to his 
Brother Sir Archibald in 1763. 

PROOF concerning Sir ARCHIBALD STUART of Caftelmilk, 
eldeft Son of Sir William. 

CHARTER under the Great Seal, dated 26th July 1716, In 
favor of Sir Archibald Stuart of Caftelmilk, defcribed eldeft 
fon of the deceafed Sir William Stuart of Caftelmilk, Baronet, of the 
lands of Caffiltoun (now called Caftelmilk) and others. 

Sir Archibald married Frances, daughter of James Stirling of Keir, 
Efq. and left by her an only child, Ann, who married her coufin, 
Sir John Stuart of Caftelmilk. 

Sir Archibald died on the 5th of January 1763. 

Proof concerning Sir John Stuart of Caftelmilk, who fucceeded 
to his Brother Sir Archibald in January 1763. 

Special Service, dated 25th March 1 763, in favor of Sir John 
Stuart, as heir to his brother Sir Archibald, in the eftate of Cafliltoun 
in Lanarkftiire, and the eftate of Fynnart in Renfrewfliire, &c. 

Sir John Stuart married Helen, daughter of John Orr, Efq. of 
Barrowfield, and died on the ift of April 178 1, leaving three fons ; 
to wit, 

Firft fon, Sir John Stuart of Caftelmilk ; 

Second 



SIR JOHN STUART OF CASTELMILK. 38^ 

Second fon,, William Stuart Crawfurd, who died 24th November part 
1783, unmarried J l.. ->- .j 

Third fon, Francis Stuart Crawfurd, who died on nth January ^°'^^^- 
1793, unmarried : 

And three daughters, firft, Helen, who died in November 1787, • 
unmarried ; 

Second, Margaret, married to Colin Rae of Little Gowan, Efq. 
who, on the death of her bi'other Francis, fucceeded to the eftate of 
Milton, and now takes the name of Crawfurd. 

Third daughter, Jane, married to William Stirling of Keir, Efq. 



TWENTY-SECOND GENERATION. 

1. Sir JOHN STUART of Caftelmilk, eldeft Son 
and Heir of the preceding Sir John. 

2. WILLIAM STUART CRAWFURD, died in 
November 1783 unmarried. 

3. FRANCIS STUART CRAWFURD, died in 
January 1793 unmarried. 

PROOF concerning Sir JOHN STUART of Caftelmilk, eldeft Son 
of Sir John Stuart, who died in the year 178 1. 

^HARTER under the Great Seal, dated 6th Auguft 1781, in part 



^^ favor of Sir John Stuart of Caftelmilk, Baronet, of the landg , 
of Cajfiltotm (now called Caftelmilk) in Lanarkfhire, and the lands 
of F'lnnart or Fynnart-Stewart in the fhire of Renfrew. 

15 This 



2^4 SIR JOHN STUART OF C ASTELMIL K. 

This laft Sir John Stuart married his coufm A 

J of his uncle Sir Archibald Stuart of Cartel milk, 

on the 1 8th day of January 1797, without ifiue. 



V A R T This laft Sir John Stuart married his coufm Anne, only daughter 
of his uncle Sir Archibald Stuart of Cartel milk. Baronet, and died 



No xs.11. 



'THE whole of this Part VIL was drawn up, printed, and circu- 
lated in the lifetime of the above-mentioned Sir Johti Stuart, about three 
years before his death, with a view to fupport his claim for being ferved 
and declared the lineal heir male and rcprefentative ofthefrji Sir William 
Stuart of Cajlelmilk, as defended from him in a courfe of fucceffion 
ivhich had uniformly been carried on in the male line for the fpace of 
about four hundred years. That fervice rvas intended to have taken 
place ere nowi, if Sir John Stuart had lived. No additions have been 
made in this part of the work then prepared, excepting that fome of the 
articles towards the beginning of this Part VIL are made more full, and 
contain fome 'explanations, which were rendered neceffary for the pur- 
pofe of defeating thofe hoflile attacks which, in the before-mentioiied 
Paper circulated on the part of the Earl of Galloway, had been made 
either dircElly or indirectly upon fome of the articles contained in Sir 
John Stuart's State of the Evidence. 

In ihefoori period fince that State was printed and circulated in the 
year 1 794, two deaths have happened, which have produced an altera- 
tion in the reprefentation of the Stuarts of Caflehnilk and of Torra?ice ; 
Alexander Stuart, proprietor of the eftate of Torrance, and the neareft 
heir male of the Cafclmilk family, died on the 22,d March 1796, with- 
out ijjue ; whereupon Andrew Stuart, his immediate younger brother, 
fucccedcd to him in the eflate of Torrance ; and the f aid Sir John Stuart 
of Cafelmilk having died on the x2itb of January 1797, without 

iffue. 



C 385 ] 

iJlm^ the fa'id Andrew Stuart has fucceeded alfo to the ejlate of CqflcU 
milk, as being then the nearejl heir male of the faid Sir John Stuart 
his coujin, ivho executed a fettlemefit of his ejlate in favor of the heirs 
male of the Caflelmilk family in thefrft injlance. 

The relationjhip and connexion between the Stuarts of Caflelmilk 
and the Stuarts of Torrance, has been traced in the preceding Genea- 
logical Hi/lory, page 2,'J'J ; from which it appears that they are 
precifely of the fame family and origin ; for Sir Archibald Stuart 
of Cajlebnilk, the great-grandfather of tlje late Sir John Stuart, and 
James Stuart of Torrance, the great-grandfather of Andrew Stuart, 
iv ere full brothers, both of them being fons of that Sir Archibald Stuart 
of Caflelmilk who married Ann Semple, eldejl daughter of Robert Lord 
Semple. 

Hence it follows, that the right which belonged to, and was claimed 
by the deceafed Sir John Stuart of Caflelmilk, of being the lineal heir 
male and reprefentative of the firfl Sir William Stuart of Caflelmilk, 
andofcourfe the reprefentative and heir male of the Derneley and Len- 
nox families, (after the death of Cardinal York,) has devolved upon 
the faid Andrew Stuart of Caflelmilk and Torrance, who is now the 
perfon entitled, and tiiujl feel it to be his duty, to affert the rights be- 
longing to the Caflelmilk family, in the fame manner that the late 
worthy proprietor of the efate. Sir John Stuai't, while at the head of 
the family, intended to have done. 



APPENDIX; 



CONTAINING 



THE PAPERS REFERRED TO IN THE PRECEDING 
GENEALOGICAL HISTORY. 



No. I. pp. yoj 71. 

I. CHARTER by Rokrl the Stewart of Scotland in favor of his 
beloved coufin Sir John Stewart Lord of Crookyfon^ and the heirs 
male therein mentioned, of all thofe lands and tenements which 
the faid Sir John Stuart or his predeceffors held of the Stewart of 
Scotland or his predeceffors 5 dated at Rothfay in the year 1356. 

/^MNIBUS banc cartam vifuris vel audituris, Robertas Senefcallus 
^^ Scotie falutem in Domino femplternam, Quia diledtus confanguineus 
nofler Dominus Johannes Senefcallus Miles Dominus de Croldflon, omnes 
terras et tenementa quas vel que de nobis tenuit in capite, pure et fimpliciter 
in manibus noftris per fuftenn et baculum refignavit, confidans quod honore 
et vatitate noftri cognominis quod pro ceteris in Ileitis exaltare et confovere 
tenemur viz. ne hereditas ilia ad aliquos aliud cognomen quam Senefcalli 
habentes in poflerum devolvatur; Noverids nos dedifle conceffifTe et hac 
prefend carta noftra confirmafle prsdifto diledo confanguineo noltro Do- 
mino Johanni Senefcallo Militi et heredibus fuis mafculis de corpora fuo 
legitimo procreads vel procreandis, omnes illas terras et tenementa cum 
perdnenciis quas vel que prsediftus Dominus Johannes et predeceflbres 
fui de nobis et predecefforibus noftris tenuit vel tenuere aliquibus temporibus 
retroaftis ; Et fi contingac heredem vel heredes mafculos predldi Domini 
Johannis abfque heredibus mafculis de corpore vel corporibus eorundem 
3 D 2 legitime 



3«» 



APPENDIX, No. L 

legitime procreatis in fatum decedere, quod abfit, volumus et per prefentes 
concedimus, quod omnes terras et tenementa prsedida cum pertinenciis ad 
Walterum Senefcallum fratrem prsedidti Domini Johanms et heredibus fuis maf- 
culis de corpore fuo legitime procreatis hereditarie fuccedant et defcendant ; Et 
fi contingat pra^dictum Walterum abfque heredibus mafculis de corpore fuo le- 
gitime procreatis ut fupra in fatum decedere, quod abfit, volumus et per pre- 
fentes concedimus, quod omnes diftas terrse et tenementa cum pertinenciis 
ad Dominum Alexandrum Senefcallum, fratrem ipfius Domini Johannis et 
heredibus fuis mafculis de corpore fuo legitime procreatis hereditarie ut pras- 
dicitur fuccedant et defcendant ; Et fi contingat pr£edi£lum Dominum Alex, 
andrum abfque heredibus mafculis de corpore fuo legitime procreatis in. 
fatum decedere quod abfit, volumus et per prefentes ut fupra concedimus 
quod diftse terrce et tenementa ad virum de fanguine ipfius Domini Johannis 
propinquiorem cognomine Senefcalli nominatum et heredibus fuis femper 
mafculis hereditarie cum pertinenciis fuis fuccedant et defcendant in eternum ; 
tenend' et habend' eidem Domino Johanni et heredibus fuis mafcuhs fuper- 
nominatis, de nobis et heredibus noftris per omnes reftas metas fuas et di- 
vifas adeo libere plenarie quiete honorifice bene et in pace in omnibus 
et per omnia ficut carta fua inde confefta in fe plenius proportat 
et teftatur ; Faciendo inde idem Dominus Johannes et heredes fui maf- 
culi fuperdifti tria fefta nobis et heredibus noftris fervicium inde debitum 
et confuetum In cujus rei teftimonium figillum noftrum prefentibus ell 
appenfum Dat' apud Caftrum de Rothfay in fefto Purificationis Beata^ 
Marie Virginis anno Domini millefmio tricentefuno quinquagefimo fexto. 



II. Charter, dated in the year 1361, by Robert^ Stewart of 
Scotland and Earl of Strathcrn^ in favor of Sir John Stuart of 
Derneley^ Knight^ and his Heirs Male therein mentioned, of the 
Lands of Crokysfou^ of Inchennan^ and of Perthaikfcot. 

OMNIBUS hanc cartam vifuris vel audituris, Robertus Senefcallus Scotie 
Comes de Stratherne, falutem in Domino fempiternam. Cum dileclus con- 
fanguineus nofter Dominus Johannes Senefcalli de Dernelee Miles apud 
Dernelee in loco habitationis fue coram aobis ac Johanne Senefcallo Do- 
mino 



APPENDIX, No. I. 

mi'no de Kyle primogenito noflro et herede ac nonnullis aiiis de noftro 
confilio perfonaliter conftitutis die Lune decimo die menfis Januarii anno 
Domini millefuno trecentefimo fexagefimo primo omnes terras fuas de 
Crokysfou de Inchenan et de Perthaikfcott cum pertinentiis infra baroniam 
noilram de Renfrew quas de nobis tenuit in capite nobis per fuftem et 
baculum furfum reddidit ac pure et funpliciter refignavit, Noveritis nos de- 
diffe et ex certa fcientia conceffiffe ac prefenti carta noftra confirmaffe eidem 
Domino Jobanni Militi confanguineo noflro omnes terras de Crokysfou de 
Inchenan et de Perlhaykfcott prasdidas, tenend' et habend' eidem Do- 
mino Johanni et Roberto filio et heredi fuo ac ipfo filio fine herede maf, 
culo fuperftite ab hac luce fublato, aliis heredibus ipfius Domini Johannis 
mafculis de corpore fuo legitime procreatis feu procreandis ac diftorum he- 
redum heredibus feu heredi mafculis feu mafculo de eorum corporibus 
procreandis feu procreando per lineam direftam ab ipfis feu ipforum aliquo 
defcendentibus feu defcendenti in feodo et hereditate, per omnes reftas metas 
et divifas fuas libere quiete plenarie integre et honorifice cum tenandriis et 
ferviciis libere tenentur et cum omnibus aliis libertatibus commoditatibus 
ayfiamentis et juftis pertinentiis ad diftas terras fpectantibus feu jufte fpeftare 
valentibus in futurum ; faciendo inde nobis et heredibus noftris didus Do- 
minus Johannes et heredes fui prsedifti unam communem fectam ad curiam 
noftram baronie de Renfrew ad tria placita capitalia tenenda ibidem per 
annum ac alia fervicia de prasdiftis terris cum pertinentiis debita et fieri 
confueta ; Et fi contingat prjefatum Dominum Johannem aut heredes fuos 
mafculos ac ipforum heredes mafculos per lineam rectam defcendentes ut fupra 
abfque herede mafculo fuperftite de corpore alicujus eorundem procreato et per 
lineam reftam defcendente ab hac luce migrare, Donamus et ex nunc pro nobis 
et heredibus noftris concedimus et hac prefenti carta noftra confirmamus om- 
nes terras de Crokysfou de Inchenan et de Perthaikfcott prasdiftas cum perti- 
nentiis Waltero Senefcallo fratri prsedifti Domini Johannis Senefcalli tenend' 
et habend' fibi et heredibus fuis mafculis de corpore fuo legitime procreatis 
feu procreandis ac ipforum heredibus mafculis de eorum corporibus le- 
gitime procreandis et per lineam reftam defcendentibus ut fupra in feodo et 
hereditate, adeo libere quite plenarie integre et honorifice ficut prasfato Do- 
mino Johanni et fuis heredibus mafculis fuperius funt concefle ; Si vero con- 
tinf^at Dominum Walterum aut heredes fuos mafculos abfque heredibus 
mafculis uno vel pluribus de fe aut ipforum aliquo legitimo procreandis feu 
procreando per lineam reftam defcendentibus feu defcendenti debitum na- 

furje 



3^9 



39° 



APPENDIX, No. I. 

turse perfolvere. Damns ex nunc et hac prefenti carta noftra concedimus 
omnes terras prsediftas cum pertinentiis Domino Alexandre Senefcallo fratri 
ipforum Domini Johannis et Walteri tenend' et habend' eidem Domino 
Alexandre et heredibus fuis mafculis de corpore fuo legitime procreatis feu 
procreandis ac eorum heredibus mafculis in feodo et hereditate ab eifdem formis 
et conditionibus quibus preefato Domino Johanni Roberto filio fuo et Waltero 
fratri fuo fuperius conceduntur ; Si autem prasdiclum Dominum Alexandrum 
aut heredes fuos preediftos et ab ipfis defcendentes abfque herede mafculo fu- 
perftite procreato viam univerfaj carnis ingredi contigerit, Volumus pro nobis 
et heredibus noftris et hac prefenti carta noftra concedimus, quod ille qui 
proximior mafculus de fanguine et cognomine ipfms Domini Johannis 
Senefcalli pro tempore repertus fuerit et ipfius femper heredes mafculi pras- 
diclo Domino Johanni filio fuo et fratribus fuis ac ipforum heredibus 
mafculis fic deficientibus in didis terris cum pertinentiis univerfis hereditario 
intrare femper fuccedant, Faciendo nobis et heredibus noftris feftam et fer- 
vicia ficut fupra In cujus rei teftimonium figillum noftrum una cum figillo 
prsedifti Johannis Senefcalli primogeniti noftri prefenti carte noftre duximus 
apponendum, Teftibus venerabilibus in Chrifto patribus Johanne et Ro- 
berto Dei gratia de Pafleley et de Kylwynyn Abbatibus Roberto de Irfkyne, 
Hugone de Eglyntone et Johanne de Lyle Militibus et multis aliis. 



ill. Charter in the year 1361, by yo/jn Stuart Lord of Kyle 
Stezvart, in favor of his coufin Sir "Johti Stuart of Dcrneky, 
Knight, and his heirs male therein mentioned, of the lands of 
TorboidtoH and of Dromley, lying within the barony of Kyle- 
Stewart. 

OMNIBUS banc cartam vifuris vel audituris Johannes Senefcallus Do- 
minus de Kyle Senefcalli falutem in Domino fenipiternam, Cum dileftus 
confanguineus nofter Dominus Johannes Senefcalli de Dernelee Miles 
apud Dernelee in loco habitationis fue coram Domino Roberto Senefcallo 
Scotie Comite de Sthne (Strathearn) primogenito noftro kariffimo et 
nobis ac nonnullis aliis de noftro confilio perfonaliter conftitut' die Lune 
jdecimo die menfis Januarii anno Domini millefimo trecentefimo fexagefimo 
7 primo 



APPENDIX, No. I. 

prinio omnes, terras fuas de Torboltoun et de Dromley cum pertinentiis 
infra baroniam noftram de Kyle quas de nobis tenuit in capite nobis per 
fuftem et baculum furfum reddidit ac pure et fimpliciter refignavit, Noveritis 
nos dediiTe et ex certa fcientia conceffiffe ac prefenti carta noftra confirmaffe 
eidem Domino Johanni Militi confanguineo noftro omnes terras de Tor- 
boltoun et de Dromley prsdiftas tenend' et liabend' eidem Domino Johanni 
et Roberto filio et heredi fuo ac ipfo filio fine herede mafculo fuperflite ab 
hac luce fublato aliis heredibus ipfius Domini Johannis mafculis de corpora 
uo legitime procreatis feu procreandis ac diftorum heredum heredibus feu 
heredi mafculis feu mafculo de eorum corporibus procreandis vel procreando 
per lineam direftam ab ipfis feu ipforum aliquo defcendentibus feu defcen- 
denti in feodo et hereditate per omnes rectas metas et divifas fuas libere quiete 
plenarie integre et honorifice cum tenandriis et ferviciis libere tenentur et 
cum omnibus aliis libertatibus commoditatibus ayfiamentis et juftis pertinentiis 
ad diftas terras fpedantibus feu jufte fpeftare valentibus in futurum Fa- 
ciendo nobis et heredibus noflris didtus Dominus Johannes et heredes fui 
prsedidi tres feftas ad curiam noftram baronie de Kyle ad tria placita capi. 
talia tenend' ibidem per annum ac alia fervicia de prasdictis terris cum per- 
tinenciis debita et fieri confueta Et fi contingat prtefatum Dominum Johan- 
nem aut heredes fucs mafculos ac ipforum heredes mafculos per lineam 
reftam defcendentes ut fupra abfque herede mafculo fuperflite de corpore 
alicujus eorundem procreato et per lineam reftam defcendentes "ab hac luce 
migrare Donamus et ex nunc pro nobis et heredibus noflris concedimus et 
hac prefenti carta noftra confirmamus omnes terras de Torboltoun et de 
Dromley prasdiftas cum pertinenciis Waltero Senefcallo fratri preedifti 
Domini Johannis Senefcalli tenend' et habend' fibi et heredibus fuis maf- 
culis de corpore fuo legitime procreatis feu procreandis ac ipforum heredibus 
mafculis de eorum corporibus legitime procreandis et per lineam reftam 
defcendentibus ut fupra in feodo et hereditate, adeo libere quiete plenarie 
integre et honorifice ficut praefato Domino Johanni et fuis heredibus maf- 
culis fuperius funt concefTe ; Si vero contingat Dominum Walterum aut 
heredes fuos mafculos abfque heredibus mafculis uno aut pluribus de fe 
aut ipforum aliquo legitime procreandis feu procreando per lineam red am 
. defcendentibus feu defcendenti debitum naturae perfolvere, Damus ex nunc et 
hac carta noftra concedimus omnes terras prjediftas cum pertinentiis Do- 
mino Alexandro Senefcallo fratri ipforum Domini Johannis et Walteri 
tenend' et habend' eidem Domino Alexandro et heredibus fuis mafculis de 
corpore fuo legitime procreatis feu procreandis ac eorum heredibus mafculis 



392 



APPENDIX, No. I. 

in feodo et hereditate fub eifdem formis et conditionibus quibus pKcfato 
Domino Johanni Roberto filio fuo ac Waltero fratri fuo fuperius conceduntur 
Si autem prsedictum Dominum Alexandrum aut heredes fuos prsedidos el 
ab ipfis defcendentes abfque herede mafculo fuperflite procreato viam uni- 
verfe; carnis ingredi contigerit volumus pro nobis et heredibus noftris et 
hac prefenti carta noftra concedimus quod ille qui proximior mafculus de 
fanguine et cognomine ipfius Domini Johannis Senefcalli pro tempore re- 
pertus fuerit et ipfius femper heredes mafculi prsedido Domino Johanni 
filio fuo et fratribus fuis ac ipfoinim heredibus mafculis fic deficientibus in 
didis terris cum pertinentiis univerfis hereditario intrare femper fuccedant 
Faciendo nobis et heredibus noftris feda fervicia ficut fupra et cujus rei 
teftimonium figillum noftrum prefenti carte noftre duximus apponendum 
Teftibus venerabilibus in Chrifto patribus Johanne et Roberto Dei gratia 
de Paffeley et de Kylwynyn Abbatibus Roberto de Irfkyne Hugone de 
Eglinton et Johanne de Lyle Militibus et multis aliis. 



APPENDIX, No. 11. 393 



No. II. p. 119. 

Lettres de Don fait par le Roy Charles VII. a Jean Stuart de 
Derneley Connetable de TArmee d'Ecoffe, de la Terre et Sei- 
gneurie d'Aubigny. 

/^HARLES, par la grace de Dieu Roy de France : S^avoir faifons a tous 
prefens et a venir, que nous confiderans et ayans parfaite connoiffance 
que notre cher et ame coufin Jean Stewart, Seigneur de Darnelle et de 
Concreffault, Connetable de Tarmee d'Ecoffe, a noftre priere et requejle 
eft venu du dit pays d'EfcoJe, et a amcne avec hit grafide compagnie de gens- 
d'annes et de trait, en intention et mettant a effet les anciennes alliances 
des Royaumes de France et d'Ecoffe, a notre tres grand befoin, affaire, et 
neceffite, nous a fervi et fait encore chacun jour a I'encontre des Anglois nos 
anciens ennemis, et de plufieurs nos rebelles et defobeiffans, au nombre 
des dits gens-d'armes et de trait en fa compagnie, auquel fervice en demon- 
trant la grande amour et endere affedtion qu'il a envers nous et notre 
feigneurie, il a du tout mis, employe, et expofe en grand heurt et diligence, 
lui et tous ceux de fa compagnie, I'efpace de trots ans ou enviroi:, au bien 
de nous, du dit royaume, et de notre feigneurie, en quoy il a eu et pris tres 
grande peine travaux et labeurs, en grand peril et danger de fa perfonne, 
tant a I'armee et affemblees faites depuis fa venue pour refifter aux entre- 
prifes de nos dits ennemis et rebelles, qu'autrement pour leur conteftetj 
ainfi que plufieurs fois la par effet demontre, et mefmement a la bataille 
de Bauge, en laquelle il fe maintint et gouverna comme vaillant et courageux 
chevalier, et nous fervoit tout grandement, liberawnent, et de ft grande vo- 
lenti, lui et fa dite compagnie, qui a toujours nous en devons reputer eftre 
tenus a lui et de noftre pouvoir le reconnoitre; attendu mefmement que- 
par lui et autres, moyennant la grace de notre Seigneur donn'e a eft'e a la 
dite journee vidoire contre grande partie de nos anciens ennemis ; et pour 
raifon des dites chofes lui euffions defpie9a promis bailler et affeoir rente en 
notre dit royaume jufqu' a la valeur de deuxmille livres Tournois par chacun 
an, afin de lui aider a maintenir fon etat honorablement, et auffi a ce qu'il 
fut plus enclin de demourer a notre fervice, a I'occafion du quel il a de- 
laiffc fa femme et fes enfants, et fes autres parens et amis, et abandonne 
fes rentes, revenues, et poffeffions dont il vivoit grandement et notablement. 
Defquelles deux mille livres Tournois, ne lui ayant encore pu faire de- 
3 E iivrancf. 



394 



APPENDIX, No. IL 

livrance, d'autant Ics graudes charges que avons eu, et avons a fupporter 
pour le fait de notre guerre, et defirans en recompenfer lui et ceux qui en 
tel befoin et neceffite nous ont fervi et fervent, et memement en aucune re- 
compenfation des dites deux mille livres de rente a celui notre coufm Jean 
Stewart, pour les caufes et confiderations deffus dites, qui a ce nous ont meu 
et meuvent, avons par I'avis d'auncuns de notre fang et deliberation de 
iiotre grand confeil, donne', cede, tranfporte, et a toujours mis, delailTe de 
noire certaine fcience, grace fpeciale, et authorite' royale, donnons, cedons, 
et tranfportons a toujours niais perpetuellement, et a fes hoirs males 
defcendans de fon corps, et de fes hoirs males en droite Hgne, la ville, ierre^ 
chqftcl, et chajiellenie d'Aubigny fur Mere, avec le fonds, tous fonds, fruits, 
iffues, profits, rentes, revenues, et autres emolumens quelconques a icelle ap- 
pertenans, tant en cens, rentes, pecuniaires, et de grains, hommes et femmes 
de corps de quelque condition qu'ils foient, eaux, etangs, mouHns, bois, 
forets, terrages, paturages, dixmes, champarts, bourdelage, terres, ga- 
rennes, paturages, et autres droits, profits, et emolumens quelconques, les 
fiefs, et arriere fiefs, avec toute la juftice haute, moyenne, et balfe, mere et 
mixte J impere et generaumens, tous autres droits et feigneuries qui font et 
peuvent eftre des appartenances et dependance d'icelle, fans en rien referver 
ni retenir a nous, excepte le foy et homages-lige, refforts, et fouverainete' : 
pour la dite ville, terre, chaftel, et chatellenie d'Aubigny, avoir, tenir, et pof- 
feder dorefnavant par notre dit coufin Stewart et fes dits hoirs males comme- 
dit eft, et paur ufer et jouir des fruits, profits, rentes, et revenues, et autres. 
droits feigneuriaux a toujours mais perpetuellement comme de leur propre 
chofe. Si donnons en mandement a nos amez et feaux, les gens tenans, ef 
qui pour le temps a venir tiendrons notre Parkment, les gens de nos Comptes, 
notre Treforier General, et a tous nos autres Jufticiers, ou a leur lieutenans, 
et a chacun d'eux, fi comme a leur appartiendra, que notre dit coufin Jean 
Stewart, et fes dits hoirs faiTent, fouffrent, et lailTent jouir et ufer pleinement 
et paifiblement de notre prefente grace, don, ceflion, et tranfport, fans lui 
faire ou donner ou fouftrir eftre fait ou donne lors ou pour le temps a venir,. 
aucun deftourbiep ou empechement au contraire ; car ainfi nous plait il 
etre fait, nonobftant quelconque ordonnance de non aliener notre domaine, 
laquelle quant a ce ne voulons fortir aucun effet et quelconque autre, et 
promettons notre dit coufin et fes dits hoirs males garantir et defFendre 
envers tous et contre tous le don et odroy dont deflus eft fait mention, en im- 
pofant fur ce filence perpetuel a notre Procureur General et a tous autres. 
Et afin que ce foit ferme chofe et ftable a toujours, nous avons fait mettre 

notre 



APPENDIX, No. II. 

notre feel a ces prefentes fauf en autre chofe notre droit et i'autrul en tout. 
Donne a Bourges le vingt-fixieme jour de Mars mil quatre cans vingt deux, 
et de notre regne le premier. Ainfi figne par le Roy en fon Confeil, au- 
quel Monfieur le Due d'Alen9on, le Compte d'Aumale, MelTire Bernard 
d'Armagnac, le Marechal de la Fayette, le Maitre des Arbaletriers, le Prevoll 
de Paris, le Sire de Mirandol, Guillaume d'Avaugour, et autres plufieurs 
eftoient. 

y. ViLLEBRESME. 

Expedita in camera compotorum Domini noftri Regis de ipfius mandato 
expreffi fado, & regiftrata libro curtarum hujus temporis, fol. 25, die de- 
cimo menfis Aprilis annoDom. 1423, port Fafeha. 

Y. Dupuis, Vifa. 

Et au dos d'icelle etoit ecrit : Lefta in publicata Piftaviae in Parliamento 
Regis penultima die Julii anno Domini 1425. 

BOYER. 

Extraits des Regiftres des Ordonnances Royaux regiftrez en Parlement. 
(Signe) Du Tillet. 



3 E 2 



296 A P P E N D-.I X, No. in. 

No. III. p. 129. 

Extracts from the Records of the Chambre des Comptes 
at Paris. 

In the accounts of Hemon Raguier, Treforler des Guerres, 
which comprehend the period from the 21ft of November 1422, 
to the lall day of December 1423, under the title of " Tauxations, 
" Recompenfations, Eftats, anciennes Compofitions et autres 
" deniers payes par Mandements du Roy notre Sire, durant le 
" temps de ce prefent Compte," there are the following articles 
relating to Sir John Stuart of Derneley : 

A JEHAN STEWART, Seigneur de Dernle, et Connetabk de I'armee des 
Efcojfois, auquel le Roy, notre Sire defpeif^a, par certaines fes lettres 
renducs fur le premier compte rendu par le dit Treforier en la Chambre 
des Comptes du d. Seigneur a Bourges, pour les mifes et depenfes que faire 
convenoit, a iceluy Conneftable de faire a caufe de la charge et retenue des 
gens d' amies et de trait de fa compagnie, avoit ordonne certaine fomme de 
deniers de la monnoye que lors avoit cours en ce royaurae, avoir par chacun 
TOois pour I'eftat de fa perfonne ; et foit ainfy que le Roy notre dit Seigneur 
ait ordonne a iceluy Jehan Stewart, autre plus grant charge et retenue de 
gens d* amies et de tret du dit pays, et mefemement luy ait generallement bailie 
toutela charge des gens d' amies et de tret d iceluy pays que Icrs de prefent ejioient 
enfervice du d. Seigneur, a laquelle caufe luy commandoit faire dorefenavant 
plus grans frais, mifes, et defpenfe, foufrance et fuporter autres plus grans 
charges, pur lefquelles,tant pour I'eftat de fa perfonne que pour autres plufieurs ; 
!e Roy notre dit Seigneur ne luy auroit encores tauxe ne ordonne aucune 
fomme de deniers de la monnoye qu'il avoit ordonne avoir cours en fon dit 
royaume. Pourquoy yceluy Seigneur ayant regard et confideration aux chofes 
deffus dittes, et aux grands frais, mifes, et depenfes que a caufe de la d. charge, 
faire luy commendoit par fes lettres donnees a Melun fur Yevre le dix huitieme 
jour de Novembre, I'an de grace mil quatre cens vingt deux, avoit et a 
ordonne a mon dit Sieur le Conneftable d'Efcofle prendre et avoir dorefe- 
navant par chacun mois des deniers de fes d. finances, la fomme de cinq 
cent livres Tournois de la monnoye deffus ditte pour I'etat de fa perfonne 
et aveques ce, pour ce que la d. fomme de cinq cent livres Tournois pour 
fon dit etat, il ne pourroit fournir aux dittes charges, afSn qu'il pent 

avoir 



APPENDIX, No. III. 

avoir fon etat plus honnorablement et pour luy aidier de fupporter autres. 
grans mifes et depenfes que faire luy conviendroit pour rentretennement 
des capitaines et autres gens d'armes et de tret du dit pays de fa ditte 
charge ; le Roy notre dit Seigneur par les dittes lettres avoit et a ordonne 
par maniere de don, qu'il ait et praigne dorefenavant par chacun niois autres 
einq cent francs de la ditte monnoye, qui font mil livres Tournois ; par lef- 
quelles lettres eft niande par le Roy notre dit Seigneur a Meflieurs les 
Generaulx Confeillers ordonncs fur le fait et gouvernement de toutes finances, 
que par Tun des Treforiers des Guerres, ils faflent payer, bailler, et delivrer des 
deniers de fa recette dorefenavant par chacun mois au dit Conneftable ou a fon 
certain commendement la ditte fomme de mil livres Tournois de la ditte mon- 
noye ; c'eft aflavoir, cinq cent livres pour fon dit etat, et cinq cent livres 
Tournois pour don ; et que par rapportant les dittes lettres, ou vidimus 
d'jcelles fait foubs le feel royal aveques quittances du d. Conneftable, le Roy 
notre dit Seigneur veult et luy plait que tout ce que paye, bailie, luy en aura 
efte, eftre alloue et comptes et rabattu de la recette d'jceluy Treforier que 
paye Laura, par MeiTeigneurs des Comptes du Roy notre dit Seigneur, aux. 
quels il mande que ainfy le facent, fans aucun contredit ou difficuhe ; non- 
obftant que le nombre des gens d'armes et de tret de fa ditte charge et retenue 
ne foit declaree es dittes lettres; par vertu defquelles lettres expedites par mes 
dits Sieurs les Generaulx fur le dit Hemon Raguier, Treforier deflus nomme, le 
vingtieme jour du d. mois de Novembre, et des quittances du d. Conneftable, tout 
cy rendu a court, le d. Treforier luy a paye la ditte fomme de mil livres Tour- 
nois par la maniere delTu ditte, et pour le mois qui s'enfuivent ; c'eft aftkvoir : 
Pour un mois commenceant le vingtieme jour de Novembre deflus d. mil 
quatre cent vingt deux par lettres de reconnoiffance du dit Sieur de Dernle 
donnee le vingt deuxieme jour du d. mois mil livres Tournois. 

Pour un autre mois commenceant le vingtieme jour de Decembre en- 
fuivant, au dit an, par autre lettre du dit Sieur de Dernle donnee le vingt- 
deuxieme jour de Janvier enfuivant mil livres Tournois. 

Pour ung autre mois commenceant le vingtieme jour du d. mois de Janvier- 
par autre lettre d'jceluy S' de Dernle, donnee le vingt quatrieme jour de • 
Fevrier enfuivant mil livres Tournois. 

Pour un autre mois commenceant le vingtieme du dit mois de Fevrier par 
autre lettre du dit Sieur de Dernle, donnee le vingt quatrieme jour de Mars 
enfuivant au dit an mil livres Tournois.- 

Pour ung autre mois commenceant le vingtieme du dit mois de Mars, par 
autre lettre de lui donnee le vingt huiiieme jour d'Avril, enfuivant mil quatre 
cent vingt trois mil livres Tournois. 

Four 



2>97 



39$ APPENDIX, No. IIT. 

Pour un niois commenceant le vingtieme jour du d. mois d'Avril, par 
autre lettre d'jceluy Stewart donnee le vingt cinquieme jour de May en- 
fuivant audit an mil livres Tournois. 

Pour ung autre mois commenceant le vingtieme jour du d. mois de May 
par autre lettre du deffus d. donnee 'le vingt deuxieme jour de Juing enfuivant 
au dit an mil livres Tournois. 

Et pour ung autre mois commenceant le vingtieme jour du d. mois de 
Juing, par autre lettre de Mond. Sieur le Conneftable donnee le vingt qua- 
trieme jour de Juillet enfuivant au dit an mil quatre cent vingt trois ; mil 
livres Tournois 

Pour toutes ces parties viii. mil livres Tournois. 

A mon dit Sieur le Conneftable de I'armee d'EfcolTe, lequel le Roy notre 
Sire, par la ditte deliberation de fon Grand Confeil, et pour le bien et profEt 
de luy et de fes fujets, avoit ordonne et delibere a aller tout le nombre 
des Efcoflbis eftant lors par de^a, au fervice du Roy notre Sire, qu'il s'etoit 
chargee d'aflembler et faire pafler outtre la riviere de Loire et mener en fa 
compagnie es pays et Marches d'Auxerrois et de Nivernois, pour faire 
•guerre et grevance par toutes les voies et manieres que faire fe pourroit aux 
Anglois et autres ennemis et adverfaires du dit Seigneur, et reduire et 
remettre en fon obeiffance jceulx pays et autres au Roy notre dit 
Seig' defobeiflam, et pour continue mon dit Sieur le Conneftable d'Efcoffe 
et les d. Efcoflbis, affin que plus liberalement il paffaffent la ditte riviere, 
le fervir en ce que dit eft ; le Roy notre dit Seigneur par la ditte deliberation 
avoit fait compofer et appointer par les d. gens de fon dit confeil avecques le d. 
Conneftable pour le payement de luy et des d. Efcoflbis pour deux mois a la 
fomme de trente mil livres Tournois, fans ce qui de luy ny des d. Efcoflbis 
il feuft tenu de faire ne bailler aucunes monftres ni reveues ; laquelle fomme 
le Roy notre dit Seigneur, par fes lettres donnees a Bourges le vingt deuxieme 
jour de Juing I'an de grace mil quatre cent vingt trois, avoit et a ordonne 
eftre bailie et delivre par le d. Hemon Ragu;ier, Treforier des Guerres defl"us 
nomme des deniers de fa recette au d, Conneftable en la maniere qui s'enfuir ; 
c'eft aflavoir, lors prefentement comptant dix mil livres Tournois ; en la fin 
de Juillet prochain venant, cinq mille livres Tournois, et en la fin de Sep- 
tembre prochain venant quinze mil livres Tour. ; et que par rapportant les 
dittes lettres et quittances fur ce d'jceluys Conneftable tant feulemenc le 
■Roy notre d. Seigneur, veult la ditte fomme de trente mil livres Tournois 
eftre alouee es comptes et rabattue de la recette de fon dit Treforier par 
Mefleigneurs de fes Comptes j auxqueis par les d. lettres il raande que ainfy 

le 



APPENDIX, No. IIL 

fe facent, fans aucune difficulcc ou contredit, nonobflant qu'il ne leur appere 
du nombre des d. Efcoflbis par monfhres et reveues, quittances des capitaines 
d'jceulx, autrement que par les dittes lettres,et les dittes quittances du dit Con- 
neftable ; par vertu defquelles lettres expediees par Mefleigneurs les Gene- 
raulx Confeillers fur le fait et gouvernement de touttes finances tant en Lan- 
guedoit comme en Languedoc, le vingt quatrieme jour du d, mois de Juing, 
et d'une quittance de mon dit Sieur le Conneftable, montant a la fomme 
de dix mil livres Tournois, donnee le vingt huitieme jour du d. mois de 
Juing, tout cy rendu a court, le dit Treforicr lay a paye comptant fur 
la ditte fomme de trente rail livres Tournois, les d. dix mil livres Tournois^ 
pour ce dix mil livres Tournois." 



399 



APPENDIX, No. IV. 



No. IV. p. I 8 8. 

Signature of Remlflion by King James III. to John Lord Dernellc, 
and others. 

I^UR Soverane Lord ordanis that a letter under the grete fele be made u 
his confine Johnne Lord Denilc fchewand and declarand that quhen oure 
faide Soverane lordis hienes come fra Lauder to Edinburgh and was haldin 
and kepit in warde againe his will in the caftell of Edinburgh that his Ma- 
jefle dredand that certane lordis and perfonnys that was yayr about 

him wald hafe flayne and undone him, for the quhilke dreid and for faufte 
of his life and for the fingular traifte that he had in the faid Lord Dernle, 
his hienes haith prait and chargit him with certane fervituris of his to remayne 
and awayt upon his perfonn baith nicht and day for the keping and defence 
of him as faid is, and alfa that his Majefte chargit and gafe licence to the 
faid Lord Dernle to fele and fubfcribe with his hand certane endenturis, 
liens and bandis made be the remanent of the lordis, the quhilke he caufit 
him to fele and fubfcribe to efchew that y' lordis fuld tak na fufpicioun againe 
the faide Lord Dernle be refufing yareof, and yarethrow have removit and 
put him fra the keping of the faide caftell and of our Soverane Lordis 
perfonn, and in likewife that his hienes the tyme that his bruther the Due of 
Albany come and befegit the faide caftell for the dehvering of him furth of the 
famen, his hienes chargit and caufit his coufmg the Lord Dernle forfaid to 
hald and defend the faid caftell, and that it was gevin ovre at his command 
incontinent after that he fchew it was his will to have bene furth at his faid 
bruyer, and that his faid coufing held him nocht againe his will bot remaynit 
with him by his awin requeft and charge as faide is ; And yairfor decernis and 
declaris the faid Johnne Lord Dernele and his fervituris and familiaris that 
was with him in the faid caftell, that is to fay, Walter Stewart, George of 
Maxwell, Maifter Johnne of Maxwell, Johnne Stewart, Alexander Stewart, 
Johnne of Maxwell, Robert Flemyng, Charles of Powck, Johnne Sympill, 
Johnne Cambell, and Johnne Cambell, Edward Mure, Johnne Mure, An- 
dro' Murray, and Johnne Mure, Thomas Wallace, Alexander Houftoun, Ro- 
bert of Mortoun and his fone, and Robert of Craufurd, Johnne of Cochrane, 
Witzame Cochrane, Alane Stewart, David Montgumry, Johnne of Kirkmyr, 
Maift' Walt' Drummond, Andro' Drummond, Witzame of Streveling, Alex- 
ander Campfy, Robert Martyn, David Brifome, Witzame Ludgat, James of 
3 Kenderftied, 



APPENDIX, No. IV. 

Kenderfhed, Gilbert Ludgat, Conwell of Crukiflion, Johnne Thrift, Robert 
Browne, Thomas Sellar, Wilzame Colman, Edward of Cochran, Thomas 
Stewart, George Stewart, Adam Cohnan, Dunkane of Dudflcfone, Wilzame 
Mular, Wilzame Ker, Alexander Brokmyr, Thomas of Denys, Johnne of 
Parifs, Johnne Gillifs, Arche Gilbertfone, David Maxwell, Walt. Calderwood, 
Sir James Way, F'nlaw Waghoine, Wille Mawar, Johnne Mawar, James 
Robertfone, James of Douglas, James Bell, Dunkane Currour, Johnne of 
Gordoun, Dunkane Striveling, Wylzame Symptfun, Alexander Strivehng and 
Rothifiay FLrrald, innocent and quite of all aclionis of crime of the King's 
hurt Majefte or accufatioun yat may be imput to bhn or yaim or ony of yaini 
in ony wifs for the caufs forefaid or occafon thereof and of all uther aftione 
and cryme of the King's hurt Majefte in ony tyme before the day of the 
date of yir letters ; And declaris the faid Lorde Dernele and the perfonnys 
above writin as faide is his trew li.ges commandand and chargand that in 
tyme to cumnajuftice flieriffjulfice clerk nor utheris oure Souverane Lordis 
liegis tak uppon hands to arreit attach refave in dittay or accufe the faid Lord 
Dernle or his fervituris forfaids or any of yaim for any caufs forfaid or to 
murmur him or yaim in yair honour or guid fame in any wife in judgement 
or uttouth in ony tyme to cum under all the hieft pain and charge yai may 
incur again oure Souverane Lordis Majefte ; And ordanis yat our lettir 
under the privy fele and fignet be direfl: ordonnerly for the faid letters to be 
made under the grete fele 

Writin and fubfcribit be oure faid Souverane Lord at the 

19th day of OQober 1482 yrs. 

(Signed) JA^. 



SUPPLEMENT; 

CONTAINING 

COPIES OF VARIOUS DISPENSATIONS 

FOUND IN THE VATICAN AT ROME, IN THE COURSE OF A SEARCH MADE 
IN THE YEAR I7B9; 

PARTICULARLY 

COPIES OF TWO VERY INTERESTING DISPENSATIONS, WHICH 
HAD LONG BEEN SOUGHT FOR IN VAIN, 

RELATING TO 

ROBERT THE STEWART OF SCOTLAND, 

(king ROBERT II.) 
HIS MUCH CONTESTED MARRIAGES 

ELIZABETH MORE and EUPHEMIA ROSS. 



3F 2 



SUPPLEMENT. 



EVERY perfon verfant in the Scottifli Hlftory muft be ac- 
quainted with the various difcordant opinions which have 
been entertained concerning the marriages of Robert the Stewart of 
Scotland with EUzabeth More and Euphemia Rofs. That diverfity 
of opinion gave rife to long continued controverfies, carried on 
with great acrimony by the partizans of the different fyftems adopted. 
In this difpute there was involved a queftion which ferved to in- 
creafe the zeal of the parties ; for the tendency of the fads main- 
tained on the one fide of the queftion was, to baftardize King 
Robeit III. thereby affeding his right to the crown, and in its con- 
fequences affedlng the rights of the fucceeding Kings of Scotland, 
and all the royal race defcended from him. 

In this controverfy feveral authors of eminence were engaged, 
and the authorities of eminent hiftorians were appealed to, particu- 
larly the authority of George Buchanan, who, in his Hiftory of 
Scotland, book ix. p. 391 of the EngUfh tranflation, 8vo edition, 
gives the following account of the marriages of Robert II. 

" * Thus all things fucceeded profperoufly with Robert for the 
" two firft years of his reign ; but in his third year, Eufemia, 
*' daughter to Hugh Earl of Rofs, died. The King had three 

*' children 

* " Rebus ita primo bieniiio feliclter fuccedentibus ; tertio ab inito regno anno, 
" Eufemia Regin;i, Hugonis Comltis RoOis fiH;i, moritur. Ex ea Rex ternos liberos 
*' genuerat, Valterum pofterius Atholise, et Uavidem Jernije Comites, et Eufeir.iam, 
" quam Jacobi Duglaffio nupliffe a nobis ante commemoratum eft. Robertus non 

" tam 



SUPPLEMENT. 

children by her ; Walter, afterwards made Earl of Athol ; Da- 
vid Earl of Strathern ; and Euphemia, whom James Douglas 
married, as I faid before. Robert, not fo much for the im- 
patience of his unmamed ftate, as for the love of his children 
which he had before by Elizabeth More, made her his wife. This 
' woman was exceedingly beautiful, the daughter of Adam More, 
a noble Knight ; the King fell in love with her when he was 

• young, and had three fons and two daughters by her, and gave 

■ her in marriage to one Gifai'd, a nobleman in Lothian. It hap- 

■ pened that Eufemia the Queen, and Gifard, Elizabeth's hufband, 

■ died about one and the fame time. Upon which the King, 

■ either induced by the old familiarity he had with her, or elfe (as 

• many writers report) to legitimate the children fhe had by him, 
' married her, and prefently advanced her fons to riches and 

■ honour. John, the eldeft fon, was made Earl of Carrick ; Robert,, 
' of Menteith; and Alexander, of Buchan, to which Badenoch was 
' joined. Neither was he content with this munificence, but he 
' prevailed upon the Aflembly of Eftates, met at Scone, to fet by 
' the children of Euphemia, and to obferve the order of age, in 
' making his fons king after him; which matter was ia aftertimes 
' almoft the utter ruin of that numerous family." 



' tam impatientia cseUbatus, quam atnore filiorum ex Eiizabetha Mora prius geni- 

■ torum, ipfam uxorem duxk. Hanc enlm ekganti forma, A-lami Mora illurtris 
' equitis fili.im, adhuc adolefcens vehementer amarat, ex eaque tres filic s ac duas 
' filias fufceperat ; eamque Gifardo viro nobili in Lothiana curaverat collocand.im. 

■ Verum fub idem fere tempus Eufemia Repina, et Gifardo Elizabcthre marito de- 
' funflis, Rex, five conftretudine vetere Morse indu£tus, fuie (quod a multis tr.iditur) 

' ut filios quos ex ea genuerat legitimes faceret, matrem eorum fibi matrimonio- 
' junxit: filios ftatim divitiis et honoribus auxit. Joannes natu maximum Cirjaie, 
' Robertus Tatchiae, Alexander Buchaniae Comites funt fadi, adjcifla etiam Pidena- 
♦ cha. Nee hac inunificentia contentus, Comitiis ad Sconam indidis, obtinuit, ut, 
' prseteritis Eufumise liberis, in Rege creando gradus xtatis obfervaretitur : qux res 
' pofteatam numerofam familiam prope extlnxit." Lib. ix. p. i68. fol. edit. 

The 



SUPPLEMENT. 

The fame author, George Buchanan, in a fubfequent part of his 
Hiftory, writes thus : 

" *I faid before, that Robert the Second had three fons by his 
" concubine ; he had alfo two by his wife Eufemia, Walter Earl 
" of Athol, and David Earl of Strathern ; yet when their mother 
*' the Queen was dead, he man-ied the concubine before-mentioned, 
" that fo he might by that marriage legitimate the children he had 
" by her, and leave them heirs to the crown. And accordingly at his 
*' death he left the kingdom to the eldefi: of them. To the fecond 
" he gave great wealth and the regency alfo. The third was made 
" Earl of feveral counties. In this matter, though his other wife's 
*' children thought themfelves wronged, yet being younger, and not 
" fo powerful as they, they fmothered their anger for the prefent. 
*' And befides their power was fomewhat abated by the death of the 
" Earl of Strathern, who left but only one daughter behind him, 
" afterwards man'ied to Patrick Graham, a young nobleman, and of 
" a very potent family in that age, by whom he had Malift Graham ; 
" his parents were but fhort lived, and the child a few years after, 

* " Didum eft a nobis Roberto Secundo Regi tres ex concubina filios natos ; ilic 
" quamquam ex Eufemia uxore, Valterum et Davidem alterum Atholin?, alteram 
" Jernia comitam haberet ; tamen eorum matre mortua concubinam uxorem duxit, ut 
" ejus filios per matrimonium illud legitimes fados, regni hseredes relinqueret ; ac 
" moriens etiam penes natu maximum regnum reliquit, penes fecundum •, prxter opes 
" maximas, etiam regni procurntio fuit ; tertium aliquot regionum conftituit regu- 
" lum. In hac parte, etfi alterius uxoris liberi fe affedos injuria putabaiit, tamen, 
" quia et setate et oplbus erant inferiores, iram in prscfentia tacitam continebant. 
«' Eorum quoque potentiam imniinuit Comitis Jernise mors, qui unica relida filia 
" decefferat. Ea Patricio Gramo, adolefcenti nobili e familia ilia aetate potentilTuna, 
" uxor data, Meliflim Gramum ex eo genuit. Nee parentes diu fuperftites fuere ; 
" & puer paucis pofl: annis adhuc adolefcens ; in Angliam erat mifllis obes, dum 
«' pecunia Regi redimeiido promifla folveretur, Atholius auteni, etfi rebus omnibus 
" advetfe fadioni inferior, nunquam tamen ftudium toUendi propinquios omifit, 
«« neque fpem recuperandi regni abjecit : et quia ad vim apertam erat impar, calllde 
«' difcordias eorum fovebat & periculis infidiabatur : donee ejus maxime confilio 
~^' ampliflima familia adpaucos fuit redada." Lib. x. p. 192. fol. edit, 1715. 

14 *' being 



4oS 



SUPPLEMENT. 

" being yet a ftrippllng, was fent as an hoftage into England, till 
*' the money for the King's ranfom was paid. But the Earl of 
" Athol, tho' every way too weak for the adverfe faction, yet never 
" gave over his projedl to cutt off his kindred, nor laid afide his 
" hopes of recovering the kingdom ; and becaufe he was inferior in 
" open force, he craftily fomented their divifions and difcords, 
" and invidioufly made ufe of their dangers to promote his own 
" ends, fo that by his advice that large family was reduced to a 
" few." 

It has been thought proper to ftate here at full length the account 
given by George Buchanan of the marriages of Robert II. and of 
their confequences ; becaufe he is the author who has the moft fully 
and explicitly given to the world the unfavorable ftate of the cafe, 
and who has Ihewn the greateft: difpofition to bafl;ardize King 
Robert III. 

The falfehood of the account thus given by Buchanan has by 
feveral writers been fuccefsfully detected. However, though it has 
been more owing to George Buchanan than any other author, that 
the falfe account of the marriages of Robert II. was fo much circu- 
lated in the world, yet it mufl: be acknowledged in juftice to him, 
that he was not the firfl: inventor of that falfehood, nor the only 
perfon who maintained it. On the fame fide of the queftion there 
was Bower the continuator of Fordun, who, without paying the. 
proper attention to the more accurate account given by Fordun 
himfelf, raflily aflerted that Euphemia Rofs was the firft wife of 
Robert the Stewart, and that after her death he married Elizabeth 
More, and by virtue of that fupervening marriage legitimated the 
children he had formerly had by Elizabeth More before his mar- 
riage to Euphemia Rofs. 

The falfe account of the marriages was given alfo by Hedtor 
Boethius, who wrote in the year 1525, and publi£hed in the 
year 1526. 

John 



SUPPLEMENT. 

John Lefley, Bifhop of Rofs, in his book printed at Rome iu 
1578, had alfo, without due examination, publifhed the falfe account, 
fimilar to Bower and Boethius. 

Thefe authors preceded George Buchanan, whofe hiftory was 
firft printed in the year 1582. But none of them had written fo 
fully or fo pofitively on the fubjedl as Buchanan has done ; the cir- 
cumftances added by him to the original fable, and his emi- 
nence as an elegant writer, made the ftory to be adopted by many 
others without fufficient examination. 

Sir John Skene, Clerk Reglfter, in his Chronological Tables of 
the Kings of Scotland publifhed in the year 1597, along with the 
Ads of Parliament, appears to have adopted the falfe ftory told by 
Buchanan and others concerning Robert's having been married firft 
to Euphemia Rofs, and after her death to Elizabeth More. 

And Sir Thomas Murray of Glendoick, Clerk Regifter, printed 
with the Ads of Parliament the fame Chronological Tables which 
Sir John Skene had publillied, with the additions to his time ; fo 
that the falfe ftory about the marriages of Robert was included 
alfo in Sir Thomas Murray's Tables. 

Sir Lewis Stewart, Advocate, was the firft who, in the reign of 
Charles I. deteded the falfehood of the common account of Robert 
the Second's marriages; and appealed to the Ads of Parliament pafled 
in the years 1371 and 1374. This is mentioned by Sir George 
Mackenzie in his Jus Regimn, p. 192, publifhed firft at Edinburgh 
in 1684; and afterwards in his Works, vol. ii. anno 171 7. Sir 
George cor^firms the fame account by the ad of Parliament 1371, 
difcovered in the Records by Lord Cromarty, Clerk Regifter, and 
by other charters, and particularly by the Ad of Parliament at Scone, 
on 4th April 1373, fettling the fuccefiion to the Crown of Scotland, 
and naming all the fons of Robert of his firft and fecond marriage, 
according to their order of feniority. 

The mofl: complete and fatisfiidory refutation of the falfe account 

of Robert's marriages was firft given in the year 1694, by Mr. Lewis 

3 G Innes, 



409 



410 



SUPPLEMENT. 

Innes, Principal of the Scots College at Paris, when he publlftied 
a charter granted in the year 1364, by Robert the Stewart of Scot- 
land ; the authenticity of which charter had been afcertained in 
a folemn manner by Mabilloiiy Camillus le Tellier de Louvers^ and 
other good judges ; and the contents of that charter demonftrated 
that Robert was firfl married to Elizabeth More, by whom he had 
John his eldell fon, who fucceeded to him ; and in that charter 
reference was made to a difpenfathn which had been granted by 
the Pope for the marriage wuth Elizabeth More. 

This was followed by a w^ork of the Earl of Cromarty's, entitled, 
" A Vindication of Robert the Third, King of Scotland, and all his 
*' Defcendants, from the Imputation of Baflardy;" in which work 
the Earl of Cromarty corroborated, by many charters in the Records, 
the account given by Mr. Innes. 

Mr. Atwood, in a book printed in the year 1704, intitled " The Su- 
*' periority, &c. of England over Scotland," attacked both Innes, 
the Principal of the Scotch College, and the Earl of Cromarty, 
and impudently called in queftion the authenticity of the charter 
produced by the Scotch College. 

Mr. Rymer, in his Letters toNicholfon, Bifhop ofCarliile, printed 
at London in 1702, gave an account of many charters and public 
inftruments corroborating the charter publifhed by Mr. Innes ; and 
the Bilhop, in his Scots Hiftorical Library, part ii. chap. iii. p. 54, 
gives a very diftind and juft account of Robert's marriages ; where, 
in fumming up the evidence in favor of the true account, Bifhop 
Nicholfon expreffes himfelf thus : " All which being confidered to- 
" gether, afford as manifeft a confutation of George Buchanan s im- 
" pudent fuggeji^^^i ^^ C'^ri poflibly be wifhed for ; and will for ever 
" flop the mouths of the future enemies of the monarchy and royal 
" family of Scotland as to this topic." 

Sir James Dalrymple, in the preface to his Hiftorical Colledions, 
anfwers Atwood ; and alfo mentions, p. 2)^^ a copy of the charter 
1364 ; which copy had been taken in the year 1556, before the 

Records 



SUPPLEMENT. 

Records of Glafgow had been transferred to the Scots College at 
Paris. 

Mr. Sage, in his Introdudion to Drummond of Hawthornden's 
Works, publifhed in 171 1, gives an account of the charters which 
eftablifhed the true hiftory of Robert the Second's marriages, as 
publifhed by Innes, Rymer, Lord Cromarty, &c. and fhews clearly 
the falfehood of the account given by Boethius and Buchanan. He 
at the fame time fhews the injuflice that had been done to John 
Major, in fuppofmg him to have concurred with thefe authors in 
that falfe account ; and on the contrary, maintains that John Major's 
account is quite different from, and oppofite to theirs ; though by 
fome flrange blunder he had generally been clafled among the au- 
thors of the falfe account. Mr. Sage conj enures that Robert had 
children by Elizabeth before he got the difpenfation from the Pope. 

Mr. Ruddiman, in his notes on Buchanan's Hiftory, edition 17 15, 
p. 432, fums up the true hiflory of Robert the Second's marriages, 
referring to the authors v;ho prove it, and gives his opinion of 
the ftory told by Buchanan and the other authors on the fame fide 
of the queftion, concerning the marriages and children of Robert 
the Second, in thefe words : " Tota bac qua dc Roherti 11. uxoribui 
" et liberis feqiiitur tiar ratio, tnerum eft' auBonim noftroru7n fgmetitum^ 
" yel potius viendaciorum male concinnatoriim congeries.''^ The fame 
author (Mr. Ruddiman) has, in his anfwer to the Rev. Mr. Logan, 
fuccefsfully repelled the affertions and infinuations of thofe who 
had moft unjuftly and indecently treated the charter difcovered at 
the Scotch College at Paris as a forgery. 

Richard Hay, in 1723, publifhed a vindication of Elizabeth More, 
and maintained (p. 109,) that fhe was married in 1334, and named 
the perfon who performed the ceremony ; but does not mention 
his authority. His account is certainly erroneous, both in his fads 
and his reafoning. 

Mr. John Gordon, in an elaborate differtation intitled, " De Nuptiis 

" Roberti Senefcalli Scotise atque Elizabethac Mora:, Differtatio," 

302 fubjoined 



4-12 



SUPPLEMENT. 

fubjolned to the edition of Fordun, publifhed in the year 1759, re- 
capitulates all the evidences of the true ftory, and concludes with 
the utmoft confidence, that Elizabeth More was acknowledged to be 
the firft wife of Robert the Stewart, and her children lawful children. 
He then enters into a long difcuffion of the caufes of the miftakes of 
our hiftorians in this matter, and- argues them to have arifen from 
not truftingto Fordun, w^ho, he fays, tells the matter diftin£tly; which 
in Mr. Gordon's opinion amounts to this, that Robert's children by 
Elizabeth More were born before the difpenfation, but born in wed- 
lock of a marriage not regular, according to the rigour of the canon 
law, the defedt of which was fupplied by the difpenfation and fub- 
fequent marriage. 



Before I went to Italy in the year 1788, I had been often at the 
Scotch College at Paris, was well acquainted with the valuable col- 
ledion of old charters and other papers in that College which had 
formerly belonged to the Archbifliopric of Glafgow, and had oc- 
cafion to know what related to the charter 1364, and the fteps 
which had been taken in the year 1 694, for afcertaining, in the mod 
formal manner, the authenticity of that charter. — I was acquainted 
alfo with the arguments which had been founded upon that charter, 
and upon the mention therein made of a difpenfation which had been 
granted by the Pope for the marriage of Robert the Stewart to 
Elizabeth More ; but I could get no intelligence at Paris whether 
any fearch had ever been made for that difpenfation, or if any copy 
of it had ever been obtained. 

I refolved therefore to make fearch, while in Italy, for that dif- 
penfation, at the fame time that I was to make fearch for fome other 
difpenfations in which the Derneley family were concerned. 

For this purpofe, foon after my arrival at Rome, in the end of the 
year 1788, I endeavoured to inform myfelf in what manner I could 
get accefs to the records in the Vatican, where the difpenfations 

granted 



SUPPLEMENT. 

granted In ancient times were kept ; and to learn whether there was 
any probability of a fearch for thefe difpenfations being fuccefsful. 
The accounts received on that fubjedt were not very encouraging ; 
for I was told, that it was not only difficult to get accefs to the 
papers in the Vatican, which in general were kept very fecret, but 
that it might be the work of years to difcover any particular paper 
fought after there : for that there were many thoufand volumes of 
records, without any regular inventory or index to affift in making 
fearches. 

Further I learnt from Mr. Thompfon, Superior of the Scotch 
College at Rome, that many years ago a fearch had been made in 
the Vatican, at the defire of the Principal of the Scotch College at 
Paris, for the difpenfation relating to the marriage of Robert the 
Stewart with Elizabeth More ; which fearch had proved ineifedlual. 
In confirmation of this, Mr. Thompfon put into my hands an 
original letter, which had been kept at that College at Rome, from 
Mr. Lewis Innes, Principal of the Scotch College at Paris, addrefled 
to Mr. Gordon, Agent du Clerge' de la Miffion d'Ecoffe a Rome, 
and dated at Paris, the 4th of January 1 706 ; of that letter he al- 
lowed me to take a copy, which is as follows : 
" Right Reverendj 

" This is to wifti you many happy years for the good ,of your ' 
" miffion ; the like wiflies to Dom. GaF. and other friends with you. 

" I thank you for the account you give us of the Archives, but 
" I am forry they are fo clofe ; I affure you it is not curiofitv, but 
" a real intereft of religion that made me earneft to have fome in- 
" formation about the correfpondence pafled betwixt fome of our 
" Kings before the eleventh age, which is denied in a very public 
*' and taking book wrote lately by a flirewd adverfary, Sir James Dal- 
" rymple. I inftanced from Fordun, who mentions Bulls of, I think, 
" Pope John VIII. and Benedidt , (as in my former letter,) to our 
" Kings Gregory and Malcolm II. or to the Church of Scotland in 
'* their time. It is extremely worth your fpeaking to Cardinal. 

" Prefed 



413 



4H 



SUPPLEMENT; 

" Prefed to caufe the Archlvift make fome inquiry for tUefe, or any 
" other of thefe ancient times. 

" Another inquiry is not concerning the Church, but of fomc 
" importance to the King. You know we publ'ifhed here^ in 1 694, 
" a charter of Robert Senefchall'i Scotice^ afterwards King Robert 11. the 
" 7%^ Stewart^ to refute a calumny of Buchanan s^ of his foil s being a 
" bafard. This charter was examined with the greateji exaSlitude 
" by the mnf expert antiquarians here^ as you know ; and yet one At- 
" wood^ an Englifhman^ hath lately^ in a fcurrilous piece againf the 
" Scots ^ accufed us impudently <f forging it^ tofupport King fames' s 
" caufe ; and among other fevfelcfs obje&ions, defes us to produce the 
" Popes bull, or brief for difpenfing that marriage. As our charter 
*' bears it was given, this bull or brief of difpenfe is either of Bene- 
" didl the Twelfth, or Clemens VI. his fucceflbr. P. Porter caufed 
" the Archivift fearch, and he found two difpenfations of Bene- 
*' didt XII. the one Pont. 5, the other anno Pont. 6, both at Avig- 
" non, and both addreffed to the Bifliop of Glafgow ; but neither 
" of them belongs to this Robert, afterwards King ; for they are 
" both difpenfations of marriage betwixt one John Stuart and Alicia 
*' More, filia Reginaldi More ; whereas this ought to be inter filiam 
*' Adami More, Militis, with an injundion to found a chapel or 
" two, which the other hath not. You have the printed charter 
" there, or in the College ; look into it, and you'll fee the cafe ; 
" and if you can find thefe by means of the Archivifts, it will be 
" of ufe to the royal family. I fuppofe they have indexes of all, 
" on each Pope ; and it will not be great pains to look through 
" them." 

Notwithftanding this difcouragement, I perfifted in the refolution 
of trying what could be difcovered at the Vatican. For this pur- 
pofe I got myfelf introduced by the means of Monfignor Erfkine, 
now in London, to Monf. de Marini, keeper of the fecret archives 
in the Vatican, and in the Caftle of St. Angelo. 

6 To 



SUPPLEMENT. 

To M. de Marinl I gave a copy, tranflated Into Italian, of the 
above-mentioned letter from Mr. Innes to Mr. Gordon, to fatisfy 
him of the objedl of the fearch for the difpenfation for the 
marriage of Robert the Stewart, and to fhew him that it was 
not an idle curiofity which prompted me to this inquiry, but a 
defire to have an important hiftorical fadl cleared up. From M. de 
Marini I experienced the mofl polite reception ; he teftified a great 
defire to obtain for me all the information I wifhed, at the fame 
time he owned to me, that it was extremely difficult to difcover any 
particular papers that might be wanted in the Vatican or in the 
Caftle of St. Angelo, unlefs there could be given a particular fpeci- 
fication of the date or year of the pontiticate in which the paper 
fought after had been granted, becaufe there were many thoufand 
volumes of records and manufcripts, (I think he faid upwards of 
twenty thoufand,) but without any regular inventory of them to 
affift in making the fearch. He added, that his predecefTor in the 
office had made fome progrefs in an inventory or index, which, 
though imperfedt, had been of ufe ; and that he, Monf. de Marini 
himfelf, had fmce he was in office made farther progrefs in the 
fame way : but that before the time of his immediate predeceflbr in 
office, there was no inventory or index, or next to none ; fo 
that it muft not be furpiifmg if fearches made at former periods 
proved unfuccefsful, and yet the fame things which were then 
fought after ffiould now be difcovered. Monf. de Marini fur- 
ther allured me, that with the affiftance of fuch inventory as had 
been made by himfelf and his predeceffiar in office, he would try 
what could be done for gratifying my wifhes with refpe(fl to all 
the difpenfations which I had occafion to apply for ; at the fame 
time I gave him a memorandum in writing of various difpenfations 
for which I wifhed fearch to be made. 

In the courfe of the very frequent vifits paid to Monf. de Marini 
to learn what he had difcovered, he told me on a vifit to him one 

day 



415 



4i6 



SUPPLEMENT. 

day In the month of March 1789, that he had found in his inven- 
tory a note of a difpenfation granted by Pope Clement VI. in favor 
of Roberti Bom'in'i de Stratgnf, Militis, et diledK in Chrifto fiUx 
nobihs muHeris Elizabeth Mox, of the diocefe of the Biihop of Glaf- 
gow; but as that note did not defcribe Robert as theStevsrart of 
Scotland, and defcribed his wife as Elizabeth Mox, he was afraid 
that this was not one of the difpenfations I was looking after. In 
the courfe of the converfation I learnt from him, that the inventory 
or notes from which this article was taken was by way of index to a 
volume of the records where the difpenfations were entered ; I there- 
fore requefted him to perufe, or to allow me to perufe, that volume 
to which this article related. He appointed me to come to him 
another day for that purpofe. Having gone to him on the day ap- 
pointed, he then, in the mofl obliging manner, gave me communica- 
tion of the difpenfations contained in that volume ; from the perufal 
of which I immediately perceived that, notwithftanding the blunder of 
the perfon who had made the entry in the record, by which Eliza- 
beth More was defcribed as Elizabeth Mox, and notwithftanding 
the imperfed defcription of Robert, who was defcribed as Robert 
Lord of Stratbgiif,- (thus written,) without defcribing him as Stewart 
of Scodand, or even as a perfon of the name of Senefchallus or 
Stewart ; yet from the contents of the difpenfation in the record, it 
was perfeftly clear that this was pi-ecifely the dlfpenliition fought 
after relating to the marriage of Robert the Stewart with Elizabeth 
More, for Ihe is therein defigned daughter of Sir Adam More ; and 
Robert is therein defcribed nephew of David King of Scotland ; and 
it mentions that Philip King of France, and David King of Scotland, 
had joined in the fupplication to the Po'pe for that difpenfation. 

About the fame time, in March 1789, Monf. de Marini communi- 
cated to me that he had difcovered in the records another difpenfa- 
tion for the marriage of Robert with Euphemia Countefs of Murray, 
widow of the deceafed John Earl of Murray ; the contents of which 

fliewed 



SUPPLEMENT. 

ihewed there could be no doubt as to the perfons to whom it re- 
lated, for Robert is therein exprefsly defcribed Stewart of Scotland. 

In the whole courfe of the difputes about the marriages of Robert 
the Stewart, no mention had ever been made of a difpenfation 
for his marriage with Euphemia Rofs ; therefore this difcovery 
was more than could have been expefted ; for the only dif- 
penfation fearched for was that relating to his marriage with Eliza- 
beth More. However this difpenfation for the marriage with 
Euphemia Rofs is of confiderable utility both for proving that 
Elizabeth More had died before 1355, the date of this laft difpenfa- 
tion, and for fettling, pretty nearly, the time of Robert's marriage to 
his fecond wife Euphemia Rofs ; a fa£t about which there had been 
many conjedlures, but nothing approaching to certainty. 

Monf. de Marini was pleafed to inform me, that though he had 
thus fatlsfied me of the exiftence of thefe two difpenfations, yet he 
was not at liberty to give me official copies of them without an 
order or authority from the Secretary of State, which was requifite 
for the communication of any papers in the fecret archives kept in 
the Vatican. This authority I foon obtained from the Cardinal 
Boncompagni, then Secretary of State, to whom I had fortunately 
been introduced foon after my arrival at Rome, and had the advan- 
tage of meeting with him frequently, both at his own houfe and 
elfewhere. 

At the next vifit I paid to Monf. de Marini, he told me that fmce 
our laft meeting he had feen the Cardinal Secretary of State, who 
had told him he was fatisfied of the propriety of the fearches I 
wifhed to be made, and therefore gave him full authority, and even 
recommended to him to accommodate me with the communication of 
every thing I defired, and with the official copies of the difpenfations 
difcovered. Accordingly M. de Marini gave me official copies figned 
and fealed by him of the two difpenfations before-mentioned, cer- 
tifying that they were copied from the Apoftolic fecret records kept 
at the Vatican, or in the Caftle of St. Angelo. 

3 H I have 



417 



41 8 SUPPLE ME N'T. 

I have been thus particular in mentioning the progrefs of the 
learches, in order to account, in fome meafure, for the difpenfations 
not having been found on former fearches ; for thofe who formerly 
applied may probably have received a general anfwer, that it was 
fcarcely poffible to find out an article wanted, as there was no in- 
ventory of the papers ; and the fhort inventory or notes which had 
affifted Monf. de Marini in difcovering what I wanted pi'obably did 
not then exift. It is true alfo that I never fhould have fucceeded in 
this fearch, if I had not met with fuch a man as Monf. de Marini, 
pofleffing a liberal turn of mind and a moft obliging difpofition, and 
who had a zeal for affifting inquiries relating to hiftorical fads, being 
himfelf a man of letters and well verfed in hiflory. The fuccefs of 
a fearch of this nature muft depend on the intelligence and difpofi- 
tion of the Cuftode des Archives ; for no ftranger is allowed perfonal 
accefs tothefe records for the purpofe of difcoveries ; all the fearches 
are made by the archivift himfelf. I was not lefs fortunate in the 
difpofition of the Cardinal Secretary of State, who, after being fa- 
tisfied of the propriety of my inquiries, gave me, in the mofl liberal 
manner, every aid and authority that depended on him. 

The tenor of the two difpenfations thus difcovered, and which I 
may venture to fay never were difcovered in any preceding fearch, 
though it appears that repeated fearches had been made, are as 
follows : 

Dispensation for the Marriage with Elizabeth More. 

Ex Regfo. " Clemens Epus, Servus Servor. Dei, Venerabili Fratri 

v/.'^n. VI. ' " Epifcopo Glafguen. Salutem, &c. 

' ' " " OBL ATA nobis pro parte dilefti filij nobilis viri Roberti Dni de 

" Stratgnf *, Militis, et dilede in Chrifto tilie nobilis mulieris Eliza- 

" beth 

* There is reafon to think that the word Slrathgnf, thus written, has by miftake 
been written in the record in place of the word Strath-grif, which, was the ancient 

name 



SUPPLEMENT. 

" beth Mox (fic) tiie Dioc. petitio continebat, quod dudum ipfis 
" Roberto, et Elizabeth ignorantibus quod didla Elizabeth, et dileda 
" in Chrifto filia nobilis mulier Yfabella Boucellier*, domicella 
*' ejufdem Dioc. in tertio et quarto, ac Elizabeth et Robertus prefati 
" in quarto confanguinitatis gradibus fibi invicem attinerent, idem 
" Robertus di£tam Yfabellam primo, et poftmodum predldam 
" Elizabeth carnaliter cognovit, et quod ipfe Robertus et Elizabeth 
" diu cohabitantes, prolis utriufque fexus multitudinem procrearunt. 
" Cum autem, ficut eadem petitio fubjungebat, proles hujufmodi fic 
" fit in univerforum afpedtlbus gratlofa, quod ex ea carlffimo in 
*' Chrifto filio nro David Regi Scotie illuftri, cujus didus Robertus 
" nepos exiftit, et ipfms Regis regno Scotie fubfidia non modica 
" fperantur verifimiliter profutura nobis pro parte ipforum Roberti 
" et Elizabeth extitit humiliter fupplicatum, ut cum idem Robertus 
" et Elizabeth defiderent invicem matrimonialiter copulari, et hujuf- 
" modi defiderium nequeant abfque difpenfatione Apoftolica adim- 
" plere, providere eis fuper hoc de oportune difpenfationis beneficio 
" de benignitate Apoftolica dignaremur. Nos itaque ex hiis et aliis 
*' certis caufis nobis expofitis, tuis ac cariffimi in Chrifto filij nri 
" Phillippi Francie illuftris ac didi Scotise regum, nee non Roberti, 
" et Elizabeth predidtorum fupplicationibus inclinati, Fraternitati 
" tue de qua plenam in Dno fiduciam obtenimus per Apoftolica 
" committimus et mandamus, quatenus fi eft ita cum eifdem Roberto 
" et Elizabeth, quod ipfi impedimentis qucc ex confangulnitatibus 
*' hujufmodi proveniunt, nequaquam obftantibus, matrimonlum in 
" facie Ecclefiai invicem contrahere, et in eo poftquam contradlum 
" fuerit remanere, licite valeant Apoftolica audloritate difpenfes. 
" Prolan fufceptam prcdiilam, et fufdpiendajn legitthnavi niaitiaudo. 

name of the lordfliip of Renfrew, belonging to the Stewarts of Scotland ; and ac- 
cordhigly the Stewart was fometimes defcribed Lord of Strath-grif or Lord of Ren- 
frew. Vide Crawford's Hiftory of the Shire of Renfrew, and Macpherfon's Geogra- 
phical llluftrations of Scottiih Hiftory, voce Strath. 
* Forte Boiiti-llier, 

3 H 2 " Volumus 



SUPPLEMENT. 

*' Volumus tamen quod didus Robertus aliquas, vel allquam Capel- 
" lanias, feu Capellaniain ordinare, fundare, ac dotare de ipfius 
" Robert! bonis juxia tuum arbitrium teneatur, fuper quo ab eodera 
" Roberto ydoneam reclpias cautionem. Datum Avinione x kalen. 
" Decembris, Pontificatus noftri anno fexco. 

" Exemplum fuprafcriptum. fuperioris bulls Clementis, P. P. VL 
" defcriptum eft, et recognitum ex originali regefto ejufdem 
" Pontificis, quod Rome fervatur in Archivo Secreti Aplico 
" Vaticano ; in cujus rei fidem hie me fubfcripfi, et folito figno 
*' fignavi, hac die 4 Aprilis 1789. 

" Caietanus Marini, Prxfedus Archivi 
*' S. S. item Archivi Arcis S. Angelo." 
The above difpenfation being dated in the fixth year of the pon- 
tificate of Clement VI. who was eleded Pope the 17th of May 1342, 
it muft have been in December 1347. 

Dispensation for the Marriage with Euphemia Ross. 

" Innocentius Epifcopus, Servus Servor. Dei, Venerabili 

" Fratri Epifcopo Glafguen. Salutem, &c. 

" ExHiBiTE nobis pro parte diledi filii nol>ilis viri Roberti Stivardi 
•' Senefcalli Scocie, ac dilede in Xfto, filie nobilis mulieris Eufemie, 
" Comitifie Moravie, relide quondam Johannis Comitis Moravie 
" vidue Glafguen. et Moravien. Dioc. petitionis feriea continebat, 
" quod ipfi propter fedandas guerras, difcordias, et inimicitias inter 
" ipfum Robertum et diledum filium nobilem virum Gulielmum 
« Comitem Roffi^, RofTen Dioc. dide Eufemie fratrem, et alios 
" ipiius Eufemie confanguineos ex interfedione cujufdam nobilis, 
" et aliis de caufis exortas tradatum habuerunt fuper matrimonio 
" inter fe invicem contrahendo. Verum quia ipfi Robertus et 
" Eufemia quarto confanguinitatis, et ex eo tertio affinitatis gradibus 
" invicem fe contigerunt ; quod didi Robertus, et Johannes dum 
" vivebant erant tertio confanguinitatis gradu conjundi, matri- 
4 " monium 



SUPPLEMENT. 

*' monlum hujufmodi contrahere nequeunt difpenfatione fuper hoc 
" ApoftoHca non obtenta, quod Roberti, qui ut aflerit cariffimi in 
«* Chrifto filii noftri David Scotie Regis illuftris locumtenens exiftit, 
*' quique propter fecundiflimam confanguineorum fuorum propa- 
" ginem in regno Scotie, vix valeat mulierem aliquam nobilem fibi 
«* parem, que aliquo confanguinitatis vel affinitates gradu eidem non 
** attineat, cum quse ipfe Robertus poffit matrimonium contrahere, 
" et Eufemie prsedidorum per te nobis fuit humiliter fupplicatum, 
" ut providere ipfis fuper hoc de oportune difpenfationis beneficio 
" dignaremur. Nos qui libenter Crifti fidelibus quietis et pacis 
*' commodos procuramus, fraternitati tue de quse plenam in Dno 
*' fiduciam obtinemus per Apoflolica fcripta committimus, et man- 
*' damus quatenus fi eft ita cum eifdem Roberto, et Eufemia, ut 
" impedimentis quae ex hujufmodi confanguinitate, et afEnitate 
" provenient, nequaquam obftantibus matrimonium inter fe libere 
" contrahere valeant et in eo poftquam contradum fuerit licite 
" remanere audoritate noftra difpenfes. Prokmfufcipiendamexhnoc 
" matrimonio legittimam nuntiando. Datum Avinione, vi nonas 
" Maij anno tertio. 

" Exemplum fuprafcriptum fuperioris Bullas Innocentis P. P. VI. 

" defcrlptum eft, et reccgnitum ex originali regefto ejufd. 

" Pontificis, quod Rome fervatur in Archivo Secreto Aplico. 

" Vaticano : In cujus rei fidem hie me fubfcripfi, et folito 

** figno fignavi ; hac die 4 Aprilis 1789. 

" Caietanus Marini, Prsefedlus Archivi 
" S. S. item Archivi Arcis S, Angeli." 
This difpenfatlon being dated in the third year of the Pontificate 
of Innocent the Sixth, it muft have been the year i^iSSi ^^ ^^ was 
elected Pope on the ift of December 1352, 

Having thus given faithful copies of the two difpenfations for 
the marriages of Robert the Stewart with Elizabeth More and Eu- 

phemia 



421 



SUPPLEMENT. 

phemia Rofs, I leave it to others to make the commentaries, or to 
draw the inferences to which they naturally give rife ; for I do not 
wifli to involve myfelf in any matters of controverfial writing, or 
to add to the number of thofe who have with great zeal entered 
the lifts in this wide extended field of controverfial warfare. My 
fole objed has been to difcover the true ftate of the fads contefted ; 
having always been refolved to communicate to the world the refult 
of my fearches, whatever that refult might be, whether favorable or 
unfavorable to the opinions and wifhes of the one party or the 
other. 

I muft be allowed, however, to make one remark ; that the con- 
tents of thefe difpenfations prove the grofs calumny of Mr. Atwood> 
Mr. Logan, and others, who endeavoured to reprefent the charter 
1364, publifhed at Paris, as a forgery committed to ferve the pur- 
pofe of a party ; and who argued, that one of the proofs of the 
forgery was the not being able to produce the difpenfation referred 
to in that charter : — that argument can now no longer be reforted to. 

One other obfervation on this fubjed is unavoidable, which is 
this ; that from the contents of the charter 1364, publifhed at Paris, 
fupported as it now is by the difpenfation to which that charter 
refers, it is henceforth rendered indifputable that the account given 
by George Buchanan of the marriages of Robert the Stewart is falfe 
in every particular. 

For thefe falfehoods Buchanan is the more inexcufable, as it was 
in his power to have learnt the true ftate of fads by confulting the 
Records containing the charters and other documents from which 
his falfehoods have fince been proved, and the truth afcertained. 
"It was his duty to have done fo, even if it had coft him a great deal 
of trouble, before venturing to miflead the world by his hiftory 
in the manner he has done. If he had looked at Fordun, the 
oldeft of our hiftorlans, and who was contemporary with 
King Robert II. and King Robert III. he would have found that 
the account given by Fordun, (torn. ii. lib. xi. cap. xiii.) is in 

thefe 



SUPPLEMENT. 

thefe words : " Ifte Robertus copulavit fibi de fado unam de 
" filiabus AdcC da More, Militis, de qua genuit filios et filias extra 
" matrimonium ; quam poftea, impetrata. difpenfatione fedis Apofto- 
" licse in matrimonium difponfavit, canonice in forma ecclefiae, anno 
" fcilicet Domini 1349." 

The account, thus given by Fordun, fhews that he had been an 
accurate inquirer after truth ; for the ftate of the fadts given by him 
comes nearer to the true ftate of the fads now afcertained, than the 
account of any other author who has written on the fubjed. 
Fordun fays that a difpenfation was obtained, and that the marriage 
adually took place according to the rules of the church in the year 
1349. This is highly probable and it is confiftent with the date of 
the difpenfation granted in December 1347. 

It is no fufEcient excufe for George Buchanan, that fome other 
authors whofe works were publifhed before his own, had given a 
falfe account of the marriages, as well as himfelf ; for it was his 
bufmefs to have weighed the teftimony of thefe authors ; and not 
to have credited them in preference to Fordun, without ftrong evi- 
dence in their fupport. Befides this, it is to be obferved, that no 
one of thefe authors, who wrote before George Buchanan, has gone 
the fame length, or nearly the fame length that he has done in raif- 
reprefenting the whole hiftory of Robert's marriages. 

The Contintiator of Fordun^ who feems to have been the firft that 
gave a wrong account of the marriages of Robert the Stewart, for 
which he was the more blameable as he ought to have paid at- 
tention to the true account given by Fordun himfelf; that Con- 
tinuator has indeed faid, " that King Robert had begotten fons 
*' upon Elizabeth daughter of Sir Adam More, and that thereafter 
" he married Eufemia daughter of Hugh Earl of Rofs, by whom he 
" had Walter Earl of Athol, and David Earl of Strathern ; but 
" that upon the death of the Queen Euphemia, he married the 
** forefaid Elizabeth More ; and thus by virtue of the fupervening 

" marriage. 



423 



SUPPLEMENT. 

*■' marriage, the Ions of the fijfft marriage, to wit, John, Robert, and 
*' Alexander, were legitimated ; becaule, according to the canons 
" of the church, a fubfequent marriage legitimates the fons born 
*' before marriage." This is all that is faid by the Continuator of 
Fordun (lib. xiv. cap. 46. p. 416.), which however does not amount 
to what is faid by Buchanan. 

Bl/Jjop Lejley^ without beflowing proper attention to the fubjedl, 
gives pretty much the fame account as what had been given by the 
Continuator of Fordun. 

Even He&or Boethitis, who, in general, had as little anxiety about 
the truth of hiftorical fads as George Buchanan himfelf, has how- 
ever not gone the fame length as Buchanan in the falfe reprefent- 
ation of Robert's marriages ; all that Boethius fays on the fubjedt, 
p. 328 of the Paris edition of his book, anno 1574, is in thefe words : 
*' Robertus Stuart quum regni gubernacula fufciperet quinquage- 
gefimum feptimum agebat annum, habuitque uxorem tum Eufe- 
miam filiam Comitis Roflenfis ; cum qua multos jam annos 
vixerat, ac ex eatres liberos procreaverat; duos mafculos,Walterum 
& Davidem, et unicam filiam, Eufemiam, cujus modo meminimus. 
Ilia vero paulo poll Robertum maritum folenni More Regina 
coronata eft. Sed priufquam eam Robertus duxiflet uxorem, 
confuetudinem cum Elizabetha filia Adse Morse equitis aurati 
habuerat ; que tres illi filios peperit, Joannem, qui Roberto patri 
in regnum poftea fucceflit Robertum et Alexandrum et duas 
filias." 

Any man who attends to what has been faid by all thefe authors, 
and compares it with the accounts given by George Buchanan, muft 
be fenfible how far Buchanan has outftript all other authors in the 
extent of the falfehoods which he has ventured to give as real 
hiftory, and in the defire manifefted by him of baftardizing King 
Robert III. and of making it be believed that the children of King 
Robert II. by Euphemia Rofs had a preferable right to the crown 

of 



SUPPLEMENT. 

of Scotland. This falfehood was not of an Innocent nature, but 
very malicious, and might have been produdive of very bad Gon- 
fequences. 

Whatever Buchanan's views may have been in propagating thefe 
fictions, they cannot fail, when detedled, of difcrediting him as an 
hiftorian, and at the fame time affeding his charadler as a man. Even 
his greateft admirers muft be forced to acknowledge that his genius 
and talents, however eminent, were better calculated for poetry than 
for hiflory. In the dignified charader of a real hiftorian, the moft 
eflential requifites are — a facred regard to truth — a difpofition to fub- 
mit to all the labour that may be neceflary in the inveftigation of it, 
— and a firmnefs of mind to refift every party motive, or other tempta- 
tion that might give a bias tending to induce the author either to 
fupprefs or to difguife the true ftate of fads. — How far all or any 
of thofe requifites are to be found in George Buchanan, thofe who 
read his hiftory with the moft attention will be the beft qualified 
to judge and determine ! 

To return to the fubjed of the difpenfatlons. Monf. de Marini 
was fo good as to continue his fearches during all the time I remained 
at Rome ; and in proportion as he difcovered in the Records any 
additional difpenfatlons, gave me notice of them, and offered to give 
me authenticated copies of all fuch as I might defire to be pofleffed 
of. Accordingly I received in all from him official copies of 
twenty-one difpenfatlons, including thofe two hereinbefore inferted ; 
and fuch was his liberality, that all this trouble he took without 
making any charge, and without accepting of any pecuniary gra- 
tification. 

Of thefe difpenfatlons, I have thought it proper here to fubjoin 

full and exadt copies ; becaufe fome of them may happen to be of 

real utility to certain perfons or families ; and others of them will, 

3 I by 



425 



426 



SUPPLEMENT. 

by moft readers, from their contents be confidered as matters of con- 
fiderable curiofity. 

Befides the difpenfations of which I thus received official 
copies, M. de Marini gave me a lift of feveral other difpenfations 
for the marriages of perfons in Scotland, containing the dates of 
them and the names of the perfons in whofe favor they were 
granted; — of that lift I have alfo fubjoined a copy, for the benefit 
of fuch readers as it may happen to concern. 

Copies are alfo fubjoined of feveral difpenfations difcovered in 
the Bataria office at Rome, whereof authenticated copies were 
likewife delivered to me. 



SUPPLEMENT. ^ 

DISPENSATIO Nobili Viro Edwardo de Bruys, 
Comiti de Carryk, Glafguen. Diocefe, et Isabella 
Filiae Gulielmi Comitis de Ross. 

JOANNES Epus, Servus Server. Dei, Venerabili Fratri .... Epifcopo Ex Reg'o joh. 
Roffen. Salut. &c. (S,, ^- P- xxil.' 

Petitio dile£li filii nobilis viri Edwardi de Brux Comitis de Catrilz Glafguen. ^P- 3490. 
Dioc, ac dilede in Chrifto filie nobilis mulieris Yfabellis nate nobilis viri ^317' 
Gulielmi Comitis de Ros Roflan. Dioc. nobis exhibita continebat, quod 
olim intentore malorum hofte humani generis procurante inter comunes 
eorum parentes confanguineos et amicos graves inimicitie fuerunt exorte, et 
ex eis graviora guerrarum difcrimina fubfecuta, ita quod exinde non modice 
ftrages hominum procefferunt. Curaque temeretur verifimiliter pofle pejora 
impofterum provenire intervenientibus nonnullis nobilibus amicis commu- 
nibus eorundem, pacemque firmari zelantium inter eos tradlatus communiter 
fuerit habitus inter ipfos, quod Edwardus et Ifabellis prefati matrimonialiter 
copulentur, fed quia quarto ex uno latere et tertio ex altero affinitatis gra- 
dibus invicem fe contingunt matrimonium hujufmodi contrahere nequeunt 
difpenfatione fuper hoc fedis apoflollce non obtenta, nobis humiliter fuppli- 
carunt, ut ad tollend. huoi difcordias, et multorum materia fcandaloruni, 
et firmand. perpetuam pacem et concordiam inter communes parentes, et 
confanguineos eorundem providere ipfis fuper hoc de oportune difpenfationis 
beneficio dignaremur. Nos igitur, qui falutem querimus fmgulorum, et 
libenter Chrifli fidelibus quietis comoda procuramus hujufmodi amputare dif- 
cordiam, ac inter eundem Eduardum,<li£tumque Guillelmum patrem ejufdem 
Ifabellis, eorumque comunes confanguineos intervenire pacem e concor- 
diam cupientes, gerentes quoque de circumfpedtione tua fiduciam in Do- 
mino pleniorem, Fraternitati tue prefentium auftoritate committimus et 
mandamus, quatenus fi tibi conftiterit ita efle, fuper quod tuam intendimus 
confcientiam onerare cum eifdem Eduardo et Ifebelli impedimentis, que ex 
predifta affinitate proveniunt nequaquam obftantibus matrimonium hujuf- 
modi contrahere valeant, et in fic contrafto licite remanere auftoritate 
apoftolica difpenfare procures, prolem fufcipiendam ex eis legitimam nun- 
tiando. Datum Avinione, Kalen. Junii, Pontificatus noflri anno primo. 

Exemplum fuperioris Bulls Johannis P. P. XXII. defcriptum eft et re- 

cognitum ex originali Regiftro ejufdem Pontificis, quod Romae 

3 I 2 fervatur 



428 



tp. 1469. 



SUPPLEMENT. 

fervatur in Aixhivo Secreto Aplico Vaticano. In cujus rei fidera 
hie me fubfcripfi, et folito figno fignavi hac die 4 Aprilis 1789. 

Caietanus Marinus, Prnsfeftus Archivi S. S. 
item Archivi Arcis S. Angeli. 



DISPENSATIO Nobili Viro Ad^ de Mor et Nobili 
Mulieri Johanna de Cunnyghyn Glafguen. 

Ex Reg'» T CANNES EpuT, Servus Server. Dei, Dilefto Filio Nobili Viro Ade de Mor, 
xxn.'an'. vi. *^ et Dilefte in Chrifto Filie Nobili Mulieri Johanne de Cunnighin ejus Uxore 
Glafguen. Dioc. Salut. &c. 

Romani Pontificis precellens auftoritas concefla fibi defuper utitur plenitu- 
dine poteftatis prout perfonaTu. et negotiorum concurrentium qualitate pen- 
fata id in Deo confpicit falubriter expedire, fane oblata nobis ex parte tua, 
filia Johanna petitio continebat, quod olim quibufdam nobilibus tradantibus, 
quod inter te prefata Johanna et te fili Adam interveniret copula conjugalis, 
tu difta Johanna fciens diftum Adam quondam Hugoni de Hutfcon 
priori marito tuo tertio confanguinitatis gradu fuifTe conjundum nolebas 
hujufmodi contradui confentire, nifi prius fuper hoc legitima fedis Apof- 
tolice difpenfatio haberetur. Tandem fuperveniens dileftus filius ar- 
chidiaconus Glafguen. quafdam patentes literas _ven. fratris noflri 
Glafguen. epifcopi oflendebat, in quibus idem Epus audoritate Sedis 
Apoflolice fibi ut ^licebat conceffa vobifcum fuper difto articulo difpen- 
fabat, quibus Uteris difpenfatiouis hujufmodi tu prefata Johanna, tuique 
confanguinei et amici fidem plenariam prebuiftis, te prefato Adam fciente, 
quod difte litere nuUius valoris, feu efficacie exiftebant, ac poflmodum 
nichilominus per verba de prefenti matrimoniura ad invicem contraxiflis, et 
carnali copula fubfecuta plures liberos fufcepiftis. Nos itaque attendentes, 
quod viri fcientia atque culpa tibi prefata Johanna, que in hac parte probabili 
deceptam errore fuiffe te afleris non debet in tuum et liberorum tuorum pre- 
judicium et dedecus redundare. Volentes quoque futuris fcandalis et peri- 
culis, que ex feparatione huoi matrimonii, fi fieret, oriri verilimiliter prefu^ 
muntur obviare, et aniraarum veftrarum provideri faluti, tuis predida Johanna 
fupplicationibus inclinati, vobifcum quod impedimento affinitatis hujufmodi, 
quod ex difta confanguinitate prions viri tui difta Johanna cum difto Adam 
pervenit aliquatenus non obftante pofferis in dido matrimonio licite remanere 

audoritatc 



SUPPLEMENT. 4^9 

auftoritate Apoftolica de fpeciali gratia difpenfamus ; film ex diflo matrimonio 

fufceptos et fufcipiendos legitimos nunciantes de Apojiolice plenitudine potejiatis. 

Nulli ergo &c. noftre difpenfationis et nunciationis infringere, &c. Datum 

Avinione iiii kalen. Septembr. Pontificatus noftri anno fexto. 

N. B. It does not appear from the above difpenfation whether the perfon 
in whofe favour it was granted was Adam More, the father of EHzabeth 
More, who married Robert the Stewart, or another Adam More ; but 
it does appear from it that there had been children between Adam More 
and Jane Cunningham before the date of the difpenfation, which 
legitimates the children " fufceptos et fufcipiendos." 



DISPENSATIO Andrew de Moravia, Domino de 
BoTHEViLE Glafguen. et Nobili Mulieri Christians 
DE Setono Natas quondam Roberti de Bruys 
Glafguen. Diocefe. 

JOANNES Epus^ Servus Servor. Dei. Diledo Filio Nobili Viro Andree de Ex Reg 
Moravia Domino de Bothevile et Dilefte in Chriflo Filie Nobili Mulieri xxii,": 
Chriftiane de Setono Nate quondam Roberti de Bruys Glafguen. Dioc. 'T- "- 
Salutem, &c. ^3- 

Etfi inter illos, qui confanguinitatis linea invicem funt connexi, facrorum 
canonum inftituta matrimonialem copulam interdicant, fummus tamen Ponti- 
fex ex plenitudine poteftatis, quam non ab homine obtinet, fed a Deo, con- 
fiderata perfonarum et temporum qualitate utiliora profpiciens, nonnunquam 
rigorem juftitie maniuetudine prefertim circa perfonas generis nobilitate pol- 
lentes temperat, et quod negat juris feveritas de gratia provide benignicatis 
indulget. Sane petiuo veftra nobis exhibita continebat, quod inter utriufque 
veftrum parentes et confanguineos diiTentiones graves funt procurante inimico 
humani generis fufcitate, et inde homicidia et capitales inimicirie fubfecuta, 
quodque vos prout poteftis diffenfiones hujufmodi fedare volentes, conveniftis 
inter vos de matrimonio invicem contrahendo. Sed quia quarto eftis gradu 
confanguinitatis conjunfti hujufmodi veftrum defiderium non poteftis dedu- 
cere ad effeftum abfque licentia Sedis Apoftolice fpeciali. Quare nobis humi. 
liter fupplicaftis ut providere vobis in hac parte de oportune difpenfationis 
beneficio- mifericorditer dignaremur. Nos igitur, qui falutem et pacem 

queriraus. 



430 



Joh. p. p. 
XXII. an. 
xii4. Par. i. 
ep. 197. 



SUPPLEMENT. 

querlmus fmgulorum, et inter Chrifti fideles pacis, et concordie commoda 
procuramus, cupientes ut inter vos et utriufque veftrum confanguineos et 
amicos pads gratia vigeat veftris fupplicationibus inclinati vobifcum ut impedi- 
mento quod ex confanguinitate hujufmodi provenit non obftante, matrimo- 
nium invicem contrahere valeatis auftoritate Apoftolica de fpecialis dono gratia 
difpenfamus. Nulii ergo, &c. noftre difpenfationis infringere, &c. Datum 
Avinione xii kalen. Odobris Pontificatus noftri anno decimo. 



DISPENSATIO Nobili Viro Johanni Stuyarde 
Domino de Bonkyl, et Margarita Natse quondam 
Alexandri de Abernethy Militis, Dunkelden. et 
Dumblanen. Dioc. 

Reg". 1 CANNES, &c. Dilefto Filio Nobili Viro Johanni Stwyarde Domino de 
•^•^' J Bonkyl, ac Dilefte in Chrifto Filie Nobili Mulieri Margarite Nate quondam 
Alexandri de Abirnechy Militis, Dunkelden. et Dumblane'n. Dioc. Salu- 
tem, &c. 

^3^9' Y.tCi inter illos, qui confanguinitatis linea invicem funt connexi facrorum 

canonum inftituta matrimonialem copulam interdicant, fummus tamen Pon- 
tifex ex plenitudine poteftatis, quam non ab homine obtinet fed a Deo, con- 
fiderata perfonarum et tempora qualitate utiliora profpiciens, nonnunquam 
iuftitiam manfuetudine prefertim circa perfonas generis nobilitate pollentes 
temperat, et quod negat juris feveritas de gratia provide benignitatis indulget. 
Sane petitio pro parte veftra nobis exhibita continebat, quod cum inter com- 
munes utriufque veftrum parentes et amicos ab olim fuerit gravis difcordia 

(fie) 

fufcitata nuper inter eo de confenfu utriufq. veftrum pro reformatione pacis 
et concordie inter vos et eos extitit ordinatum, ut vos debeatis invicem matri- 
monialiter copulari. Verum quia eftis in quarto confanguinitatis gradu con- 
jundti matrimonium contrahere non poteftis difpenfatione fuper hoc Sedis 
Apoftolice non obtenta. Quare pro parte veftra nobis extitit humiliter fup- 
plicatum, ut providere vobis fuper hoc de oportune difpenfationis remedio 
dignaremur. Nos igitur, qui pacem et falutem querimus fmgulorum, et 
inter Chrifti fideles libenter pacis et concordie comoda procuramus, cupientes 
inter vos, et utriufque veftrum parentes, confanguineos, et amicos pacis 
gratia vigeat, hujufmodi fupplicationibus inclinati vobifcum ut irapedimento, 
6 quod 



SUPPLEMENT. 

quod ex confanguinitate hujufmodi provenit non obflan. matrimonium in- 
vicem contrahere libere valeatis, et in eo poftquam contraftum fuerit licite 
remanere auftoritate Apoftolica de fpeciuli gratia difpenfamus. Prolem 
fufcipiendam ex vobis legitimam nuntiantes. NuUi ergo, &c. noftre difpen- 
fationis et nuntiationis infringere, &c. Datura Avinione ix kalen. Novembr. 
anno tertio decimo. 



431 



DISPENSATIO JoANNi Stuarto Laico et Alicia 
More, Natae Reginaldi More, Laici Glafguen. 
Diocefe. 

"DENEDICTUS Ep"us, Servus Servorum Dei, Venerabili Fratri p, Regto 

Epifcopo Glafguen. Salut. &c. Bened.p.p 

Oblate nobis ex parte dile£li filii Johannis Stuarti laici, et dileftein Chriflo p. z\\.' 
filie Alitie More natse diledi filii Reginaldi More laici tue Dioc. petitionis 1340, 
feries continebat, quod dim ipfi Johannes et Alitia ignorantes aliquod impe- 
dimentum exiftere inter eos, propter quod nequirent matrimonialiter copulari, 
fponfalia infimul contraxerunt non tamen bannis editis de Epifcopi Glafguen. 
predeceflbris tui licentia, ac diligenti inquifitione fuper impedimentis fi qua 
eflent habita, nee reperto aliquo, quod obftaret fe matrimonialiter copularunt, 
quodque hujufmodi matrimonio in facie ecclefise folennizato, et carnali inter 
ipfos copula fubfecuta, ad eorum pervenit notitiani, quod didlus Johannes et 

condam Guillelmus de Herch dide Alitie prior maritus dum viveret erant 
invicem quarta linea confanguinitatis conjuncti. Quare pro parte diaorum 
Johannis et Alitie nobis extitit humiliter fupplicatum, ut cum ex eorum fepa- 
ratione fi fieret cum fmt nobiles, poflent inter eorum parentes et amicos multa 
fcandala et dampna irreparabilia evenire, providere eis fuper hoc de oportune 
difpenfationis beneficio mifericorditer dignaremur. Nos igitur more patris 
benivoli, qui cunftorum Chrifti fidelium pacem fummis defideriis affcctamus, 
diftorum Johannis et Alitie faluti providere, ac hujufmodi dampnis et fcan- 
dali* precavere falubriter cupientes, fraternitati tue de cujus circumfpedtione 
fiduciam germinus in Domino pleniorem per Apoftolica fcripta mandamus, 
quatenus (i eft ita, cum prefatis Johanne, et j*Jitia ut impedimento, quod ex 
confanguinitate hujufmodi provenit non obftante poffint in dicto matrimonio 
licite remanere, audoritate noftra difpenfes. Prolem ex eodem matrimonio 
fufceptam et fufcipiendam legitimam decerneado. Datum Avinione vi idus , 
Julii, Poritificatus noftri anno quinto. 



SUPPLEMENT. 



AliaDISPENSATIO iifdem Perfonis, JohanniStuarto, 
Laico, et Alicia More Nate PvEginaldi More, 
Laica, Glafguen. Diocefe. 

"DENEDICTUS E^s, Servus Servorum Dei, Venerabili Fratrl 

Epifcopo Glafguen. Salutem, &c. 
Petitio dilefti filii Joannis Stuard laid, et dilede in Chriflo filie Alitic 
More, nate dilefti filii Reginaldi More laici tue DIoc. nobis exhibita 
contiaebat, quod dim ipfi ignorantes aliquod impedimentum exiftere inter eos, 
propter quod nequirent matrimonialiter copulari, exiftentes ad tempus in 
caflro Gailardi Rothomagen. Dioc. non aninio confthuendi fibi domlcilium, 
fed ficut familiares domeftici cum cariffimo in Xpo filio nro David Rege 
Scotie illuftri eorum Domino in predido caflro tunc commorante fponfalia 
infimul contraxerunt, quodque poftmodum cum dileftus filius .... Decanus 
Ecclefia: Beatfe Maria: de Andeliaco di£te Rothomagen. Dioc. ex commiffione 
per .... archiepifcopum Rothomagen. qui tunc erat fibi fada inquifitione 
per eum fuper hoc prehabita diligenti non repererit aliquod impedimentum, 
quod matrimonium inter eos impedire valeret exiftere fuper editione bannorum 
fuper hoc edendorum cum eifdem' Johanne et Alitia ex commiffione pred* 
fme fraude difpenfavit, propter quod ipfi fe matrimonialiter copularunt, ac 
deinde matrimonio in facie ecclefie folennizato, et carnali inter eos copula 
fubfecuta, ad eorum pervenit notitiam, quod prediftus Johannes et condam 
Guillelmus de Herch prior ipfius Alitie maritus dum viveret erant ad invicem 
quarta confanguinitatis linea conjundti propter quod nequeun t in fie contrafto 
matrimonio licite remanere, difpenfatione fuper hoc a Sede Aplica non obtenta 
quare pred' Johannes et Alitie nobis fuper hoc humiliter fupplicarunt, quod 
cum ex eorum feparatione fi ficret, cum fint nobiles, poflent inter eorum 
parentes et amicos multa fcandala, et dampna irreparabilia evenire, providere eis 
fuper hoc de oportune difpenfationis beneficio mifericorditer dignaremur. Nos 
jgitur,qui falutem etpacem querimus fingulorum,huoifcandalis etdampnis quan- 
tum cum Deo pofTumus obviare volentes, ipforum Johis et Alitie fupplicationi- 
bus inclinati, Fraternitati tue, de quse plenam in Dno fiduciam obtenimus per 
Aplica fcripfa committimus et mandamus, quatenus fi eft ita cum eifdem Johe 
et Alitia ut impedimento, qupd ex huoi confanguinitate provenit, non ob- 
ftante in fie contrafto m.atrimonio poffint licite remanere auftoritate nra 
difpenfes. Prokni fufcipiendam ex huoi matrimonio legitimam decernendo. 
Datum Avinione v Idus Martii anno fexto. 



SUPPLEMEN' 



433 



DISPENSATIO Nobili Viro Joanni SENEscALLoLaico, 
et Nobili Mulieri Fyngole Natae Nobilis Viri Angufii 
de Infulis Glafguen. et Sodoren. Diocefe. 

I^LEMENS Epifcopus, Servus Servorum Dei. Veiierabili Fratri Ex Reg" 

Epifcopo Glafguen. Salutem, &c. vi!'"n".'i. " 

Petitio fiquidem pro parte dilefti filii nobilis viri Johannis Senefcalli Laici, 'P' '^''' 
et dilefte in Chrifto filie nobilis mulieris Fyngole nate diledi filii nobilis viri '342« 
Angufii de Infulis tue Glafguen. et Sodoren. Dioc. nobis exhibita continebat> 
quod olim fatore zizanie pacis emulo, ac intentore malorum omnium pro- 
curante inter utriufque ipforu. johannis et Fyngole communes confanguineos 
et amicos graviffime difcordie, et capitales inimicitie funt exorte, et multaruni 
perfonarum flrages, ac mala et fcandala plurima fubfecuta, quodque ad 
fedandum premiffa, necnon pacem et concordiam inter eos auftore Dno 
reformandum, et ad obviandum majoribus fcandalis atque periculis, que in 
futurum fequi ex premiffis verifuniliter timebantur amicis comunibus me- 
diantibus habitus eft traftatus, quod ipfi Johannes et Fynghola matrimonialiter 
copulentur. Sed quia ipfi Johannes et Fynghola quarto confanguinitatis et 
quarto affinitatis gradibus invicem funt conjundi matrimonium ipfum contra, 
here nequeunt difpenfatione fuper hoc Apoftolica non obtenta. Quare pro parte 
ipforum Johannis et Fyngole nobis extitit humiliter fupplicatuni ut providere 
ipfis fuper hoc de oportune difpenfationis beneficio mifericorditer dignaremur. 
Nos itaque fui falutein et pacem querimus fingulorum, volentes quantum 
cum Deo poflumus hujufmodi fcandahs, malis, atque periculis obviare 
ipforu. Johannis et Fynghole in hac parte fupplicationibus inclinati, frater- 
nitati tue de qua plenam in Domino fiduciam obtinemus per Apoftolica fcripta 
committimus et mandamus, quatenus fi eft ita cum eifdem Johanne et 
Fynghola ut impedimento, quod ex confanguinitate et affinitate hujufmodi 
provenit non obftante matrimonium inter fe libere contrahere, ac in eo 
poftquam contradlum fuerit licite remanere valeant Apoftolica audoritate 
difpenfes ; prolem fufcipiendam ex hujufmodi matrimonio legitimam nun- 
ciando. Datum Avinione decimo nono kalen. Februarii, Pontificatus noftri 



434 



SUPPLEMENT. 



DISPENSATIO Nobili Viro Jacobi de Lundesay, 
Militi, et Nobili Mulieri Egidie Steward, Glaiguen. 
Diocefe. 

_ ((ic)' 

Reg" /^LEMENS Epus, Servus Server. Dei. Dilefto Filiojacobo Nobiii Virojacobo 

'"an.'f."'' de Lundefay Militi, et Dilefte in Chrifto Filie Nobili Mulieri Egidie 

'09'- Steward Glafguen. Dioc. Salutem, &c. 

1346. Etfi conjundio copule conjugalis tertio et quarto gradibus a facris fit ca- 

nonibus interdida, fummis tamen Pontificibus ex plenitudine poteftatis, 
quam non ab homine obtinet fed a Deo, confiderata perfonarum et rerum 
qualitate utiliora profpiciens nonnunquam rigorem juris manfuetudine 
maxime inter perfonas nobiles temperat, et qviod negat juris feveritas indulget 
de fpeciali gratia mifericorditer difpenfando. Peritio fiquidem nobis pro 
parte veftra exhibita continebat, quod ex traftatu communium amicoru. 
veftrorum ad pacis et tranquillitatis federa inter vos et amicos eofdem con- 
fervando affeftantes invicem matrionaliter copulari. Verum quia ficut eadent 
fubjungebat petitio in tertio et quarto ex parte patrum, et in quarto &c. 
ex parte matrum veftrorum confanguinitatis gradibus vos invicem contingitis 
non poteftis impedimentis hujufmodi obfiftentibus, veftrum in hac parte 
abfque Apoftolice difpenfationis gratia defiderium adimplere. Quare pro 
parte veftra fuit nobis humiliter fupplicatum, ut fuper hoc de oportune dif. 
penfationis beneficio providere vobis mifericorditer dignaremur. Nos itaque, 
qui libenter Chrifti fidelibus quietis commoda procuramus cariffimi in Chrifto 
filii noftri Philippi Regis Francor. illuftris nobis fuper hoc humiliter fuppli- 
cantis, ac veftris fupplicationibus inciinati vcbifcum, quod matrimonium in- 
vicem impedimentis, que ex confanguinitate hujufmodi proveniunt nequa* 
quam obftantibus libere contrahere, ac in ipfo matrimonio poftquam con^ 
traftum fuerit licite remanere poflitis auftoritate Apoftolica de fpeciali gratia 
difpenfamus. Prolem ex huoi matrimonio fufcipiendam legitimam nun*, 
tiando. Nulli ergo &c. noflre difpenfationis infringere &c. Datum Avinione 
iii idus Aprilis, Pontificatus noftri anno quinto. 



SUPPLEMENT. 

DISPENSATIO TnoM^ Senescallo, Comiti de 
Angus, et Nobili Mulieri Margarit/e de Sancto 
Claro S'^ Andrece Diocefe. 

JNNOCENTIUS E^s, Servus Server. Dei. Venerabili Fratri Epif- Ex Regto 

copo Sandi Andreein Scotia Saluteni, &c. vi'.'li'n i. 

Petitio pro parte dilefti filii nobilis viri Thome Senefcallis Comitis An- "P- '°39- 
gufie, et dilefte in Chriflo filie nobilis mulieris Margarete de Sanfto Claro ^353' 
tue Dioc. nuper nobis exhibita continebat, quod ipfi ex certis caufis defi- 
derant invicem matrimonialiter copulari. Sed quia iidem Thomas et Mar- 
gareta quarto funt confanguinitatis gradu conjundi, mattiraonium inter fe 
contrahere licite nequeunt, difpenfatione fuper hoc Apoftolica non obtenta. 
Cum autem ficut eadem petitio fubjungebat, ex hujufmodi matrimonio fi 
fieret inter eorum confanguineos et amicos pofTet fortius affeftionis et di- 
leciionis vinculum verifimiliter folidari, et alia bona tam ipfis, ac eorum 
fubditis, quam incplis eis convicinis provenire fperentur ; pro parte ipforum 
Thome et Margarete nobis extitit humiliter fupplicatum, ut eis fuper hoc 
de oportune difpenfationis beneficio providere de benignitate Apoftolica 
dignaremur. Nos itaque cariifimi in Chriflo filii noflri Johannis Regis 
Francorum illuflris, ipfum Thomam fuum fidelem amicum all'erentis nobis 
fuper hoc humiliter fupplicantis, ac eorum Thome et Margarete in hac 
parte fupplicationibus inclinati, fraternitati tue de qua in Domino fiduciam 
obtinemus, caufis nobis expofitis per Apoftolica fcripta committiraus et man- 
damus, quatenus fi eft ita cum eifdem Thoma et Margareta, ut impedi- 
mento, quod ex dida confanguinitate provenit non obftante, matrimonium 
invicem libere contrahere, et in eo poftquam contradtum fuerit remanere 
licite valeant aufloritate Apoftolica difpenfes. Prolem fufcipiendam ex hujul- 
modi matrimonio legitimam nuntiando. Datura apud villam novam Avionen. 
Dioc. iii nonas Junii anno prime. 



435 



436 



SUPPLEMENT. 



DISPENSATIO Nobili Viro Thom^ de Somirvile 

Dcmino Caftro de Carnefwych, Militi, et Nobili 

Mulieri Marle de Wans, Domicellae Glafguen. 
Diocefe. 

1 NNOCENTIUS EpuT, Servus Server. Dei Venerabili Fratri Epifcopo 

Glafguen. Salut. &c. 

Petitio dilefti filii nobilis viri_l'home de Somirvile Dni Caftri de Carnef- 
wych, Miliris, et dilefte in Xpo filie nobilis mulieris Marie de Wans Do- 
micelle tue Dioc. nobis exhibita continebat, quod olim ipfi ignorantes 
aliquod impedimentmn inter eos exiftere quominus poflent matrimonialiter 
copulari, matrimonium per verba de prefenti publice contraxerunt, quodque 
poftmodum ad eorum pervenit notitiam quod ipfi Thomas et Maria quarto 
confanguinitatis gradu erant conjundi, propter quod ad folempnizationem 
hujufmodi matrimonii procedere nequeunt difpenfatione Apoftolica fuper hoc 
non obtenta. Cum autem ficut eadem petitio fubjungebat, fi divortium 
fieret inter eos gravia poflent exinde fcandala et pericula verifimiliter exoriri, 
nobis humiliter fupplicarunt, ut providere eis fuper hoc de oportune difpen- 
fationis remedio dignaremur. Nos igitur hujufmodi fcandalis et periculis 
quantum cum Deo pofl"umus obviare volentes ipforum fupplicationibus in- 
clinati, fraternitati tue, de qua plenam in Domino fiduciam obtinemus per 
Apoftolica fcripta committimus et mandamus, quatenus fi eft ita cum eifdem 
Thoma et Maria ut in fic eontraftu matrimonio licite remanere, ac illud 
in facie ecclefie folemnizare valeant impedimento quod ex huoi confangui- 
nitate provenit non obftante auftoritate noftra difpenfes. Prolem fufci- 
piendam ex hujufmodi matrimonio legitimam nuntiando. Datum apud Vil. 
lamnovam Avivionen. Dioc. iiii kalendas Junii Pontificatus noftri anno 
fecundo. 



SUPPLEMENT. 



437 



DISPENSATIO Nobili Viro Joanni Wolleys, Domi- 
cello, et Nobili Mulieri Elizabeth de Eglinton, 
Domicellse, Glafguen. Diocefe. 

^/RBANUS Epus, Servus Server. Dei. Venerabili Fratri Epifcopo Glafguen. Ex Recrio 
Salut. &c. ^:':^^:^ 

Oblata nobisjiro parte diledi filii nobills viri Johannis Wolleys Domicelli, *^5- 
et dile(5le in Xpo filie nobilis mulieris Elizabeth de Eglinton Domicelle tue ^3^4' 
Dioc. petitionis feries continebat, quod olim de contrahendo matrimoniuin 
inter eos per ipforum communes parentes pro confervatione pads et con- 
cordie eorundem, et ad fedan. guerras que inter ipfos longis temporibus 
ingruerant, ex quibus homicidia et incendia fuerant fubfecuta, habitus eft 
tradatus. Sed quia di£l:a Elizabeth et quondam uxor dicli Johannis dum 
viveret erant quarto confanguinitatis gradu conjunde, et etiam quia didus 
Johannes quondam mulierem prefate Elizabeth quarto confanguinitatis gradu 
attinentem adu fornicationis cognoverat matrimonium hujufmodi contrahere 
nequeunt difpenfatione Apoftolica fuper hoc non obtenta. (^are pro parte 
ipforum Johannis et Elizabeth nobis extitit humiliter fupplicatum, ut pro- 
videre eifdem Johanni et Elizabeth fuper hoc de oportune difpenfationis 
gratia dignaremur. Nos igitur qui cunftorum Chrifli fidelium pacem ap- 
petimus et falutem, cariffimi in Xpo filii noflri David Regis Scotie illuflris 
nobis fuper hoc humiliter fupplicantis, ac ipforum Johannis et Domicelle 
fupplicationibus inclinati, fraternitati tue per Apoftolica fcripta mandamus, 
quatenus fi efl ita et difta Elizabeth propter hoc rapta non fuerit, et ad id 
eorumdem parentum, et majoris partis confanguineorum ipforum Johannis 
et Elizabeth citra tertium gradum accedat aflenfus cum eifdem Johanni et 
Elizabeth, ut impedimento, quod ex premifTis provenit, non obflante matrix 
monium hujufmodi infimul contraheie, et in eo poftquam contraclinn fuerit 
licite remanere valeant auttoritate Apoftolica difpenfes. Prolem ex hujufmodi 
matrimonio fufcipiendam legitimam nuntiando. Datum Avinione iiii nonas 
lanuarii, Pontificatus noftri anno fecundo.. 



g S U P P L E M E NT. 

DISPENSATIO Nobili Viro Waltero de Lesley, 
Militi, ac Nobili Mulieri Euphami^e S"" Andrew Roffen. 
Diocefe. 

ExRegto TrRBANUS Epus, Servus Server. Dei. Venerabili Fratri Epifcopo Sanfti 

Urb. p. P. V. V . J o 1 s 

an. V. pag. 6. Andree Salut. &c. 

^ og-. Oblata nobis nuper pro parte dilefti filii nobilis viri Walteri de Leffely 

Militis, et dilecte in Chrifto fiiie nobilis mulieris Eufamie, tue Roffen. Dioc. 
petitio continebat, quod ipfi ex certis caufis legitimis et rationalibus nobis 
expofitis defiderant ad invicem matrimonialiter copulari. Sed quia prediftus 
Walterus quandam mulierem prefate Eufamie quarto gradu confanguinitatis 
attinentem an tea carnaliter aftu fornicario cognovit hujurmodi eorum defi- 
derium adimplere non poflint, difpenfatione fuper hoc Apoflolica non obtenta. 
Ouare pro parte ipforum Walteri et Eufamie fuit nobis humiliter fupplicatum, 
ut providere eis fuper hoc de oportune difpenfationis beneficia de benignitate 
Apoftolica dignaremur. Nos igltur ex premiffis caufis, confideratione etiam 
cariffimi filii noftri David Regis Scocie illuflris pro ipfo Waltero et Eufamia 
confanguinea fua nobis fuper hoc humiliter fupplicantis ipfius Regis et 
Walteri, ac Eufamie prediftoru. fupplicationibus inclinati, fraternitati tue de 
qua in hiis et aliis fpecialem in Domino fiduciam obtinemus, per Apoflolica 
fcripta committimus et mandamus, quatenus f\ eft ita, et ad hoc eorundem 
Walteri et Eufamie parentum, et confanguineorum citra tertiu. gradum 
accedat affenfus, diftaque Eufamia propter hoc rapta non fuerit, cum eifdem 
Waltero et Eufamia pro affinitatis impedimento, quod ex confanguinitate 
predida provenit non obftante matrimonium invicem libere contrahere, et 
poftquam contraftum fuerit in eo licite_ remanere poflint auftoritate noflra 
difpenfes. Prolem fufcipiendam ex huoi matrimonio legitimam nuntiando. 
Datum Avinione viii kalen. Decerabris Pontificatus noftri aaino quinto. 



SUPPLEMENT. 



439 



DISPENSATIO Nobili Viro Joanni de Dunbar, 
Domicello, et Nobili Mulieri Mariori^ Senescalli, 
Domicellce S'" Andrete. 

■\/'RBANUS Epus, Servus Servorum Dei. Venerabili Fratri Epifcopo Ex Rcgfo 

Sanai Andree Salutem, &c. „ I!,'^,!i: ^- ^ 

Oblate nobis nuper pro parte dilefti filii nobilis viri Johannis de Do"vTbar 4'5- 
Domicelli, et dilefte in Chrifto filie nobilis mulieris Mariorie Senefcalli Do- ^37°' 
micelle tue Dioc. petitionis feries continebat, quod Ipfi defiderant invicem 
matrimonialiter copulari, fed quia quarto confanguinitatis gradu invicem fe 
contingunt, defiderium eorum hujufmodi adimplere nequeunt, difpenfatione 
fuper hoc Apoftolica non obtenta. Quare pro parte ipforum Johannis et 
Mariorie nobis fuit humiliter fupplicatum ut providere ipfis de oportune dif- 
penfationis gratia mifericorditer dignaremur. Nos igitur ex certis caufis nobis 
expontis, hujufmodi fupplicationibus inclinati fraternitati tue de qua in hiis 
et aliis fpecialem in Domino fiduciam obtinemus per Apoftolica fcripta com- 
mittimus et mandamus, fi eft ita didtaque Marioria propter hoc rapta non 
fuerit, et ad id parentum majoris partis confanguineoru. diftorum Johannis 
et Mariorie citra tertium gradum accedat aflenfus, cum eifdem Johanne et 
Marioria, ut impedimento, quod ex hujufmodi confanguinitate provenit non 
obftante, matrimonium invicem libere contrahere, et in eo poftquam con- 
traftum fuerit licite remanere valeant auftoritate Apoftolica difpenfes. Proleni 
ex hujufmodi matrimonio fufcipiendam legitimam nuntiando. Datum apud 
Montemflafconem v idus Julii, Pontificatus noftri anno oclavo. 



DISPFNSATIO Jacoeo Nato Nobilis Viri Willielmi 
Comitis de Douglas, et Nobili Mulieri Margarit^e 
Natje Robert: Regis Scotias. 

r~^ REGORIUS Ep'us, Servus Servor. Dei. Venerabili Fratri Epifcopo Ex Regto 

Sancti Andree Salutem, &g. XK^in.i. ep. 

Providentia Sedis Apoftolice magnitudinem excellentium perfonarum ad- P-'9-*- 
vertens, et attente confiderans, quod earum inclita devotio_^ favorum et gratie J37''- 

plenitudinera 



44° 



SUPPLEMENT. 

plenltudinem pertinentur dignum et congruum reputat ymmo potius debitum 
arbitratur eis gratiofe concedere, quod nonnunquam aliis interdicit maxime 
cum fperatur, quod gratia, que illis nnpenditur ipfas Ecclcfie Romane devo- 
tiores efficiat, et quod earum obfequiofa devotio Reipublice utilitatis auferat 
incrementum. Oblate fiquidem nobis pro parte dilefti filii nobilis viri 
Jacobi nati diledi (ilii nobilis viri Willelmi Comitis de Douglas, et dilefte 
in Chrilto filie nobilis mulieris Margarite cariffimi in Xpo filii noftri Roberti 
Regis Scocie illuflris nate petitionis feries continebat, quod ipfi certis ex 
caufis defiderant invicem matrimonialiter copulari. Sed quia quarto con- 
fanguinitatis gradu ex utroque parente invicem fe contingunt eorura defi- 
^erium in hac parte adimplere nequeunt difpenfatione fuper hoc Apoftolica 
non obtenta. Quare pro parte didorum Jacobi et Margarite nobis fuit hu- 
militer fupplicatum, ac providere eis fuper hoc de oportune difpenfationis 
gratia de benignitate Apoftolica dignaremur. Nos igitur confideratione 
cariffimi in Chrifto filii noftri Caroli Francorum illuftris et d' Scotie Regum 
nobis fuper hoc humiliter fupplicantium huoi ipforum Regum, ac Jacobi, 
et Margarite prediftorum fupplicationibus inclinati, fraternitati tue de qua 
in hiis et aliis fpecialem in Domino fiduciam obtinemus per Apoftolica fcripta 
committimus et mandamus, quatenus fi eft ita diftaq. Margareta propter hoc 
rapta non fuerit cum ipfis Margareta et Jacobo, ut impedimento, quod ex 
difta confanguinitate provenit non obftante hujufmodi matrimonium in- 
fimul libere contrahere et in eo poftquam contraftum fuerit licite remanere 
valeant auiftoritate Apoftolica difpenfes. Prolem fufcipiendam ex huoi ma- 
trinionio legitimam nuntiando. Datum apud Villamnovan Avinionen. Dioc. 
viiii kalen. Oclobris, Pontificatus noftri anno prime. 



DISPENSATIO Nobili Viro Patricio de Hepburn, 
Militi, S"" Andieffij et Eleanors de Bruys, Comi- 
tifTae de Carry k. 

Ex Regto /^ REGORIUS Epus, Servus Servor. Dei. Venerabili Fratri Epifcopo 

xrA'n^'vf.* Sanfti Andree Salutem, &c. 

ep. 34.8. Oblate nobis pro parte diledi filii nobilis viri Patricii de Hepborii Militis et 

^2,7^' dilede in Chrifto filie nobilis mulieris Eleonore de Bruys, Comitifle de Carrik 

15 tue 



SUPPLEMENT. 

tue et Glarguen. Dioc. netitionis feries continebat, quod ipfi certis ex caufis de 
communi confenfu amicoriim defiderant invicem matrimonialiter copulari. Sed 
quia quarto confanguinitatis gradu invicem fe attingunt, ex co quod idem Pa- 
tricius quondam Agnetem ipfi Elionore in quarto confanguinitatis gradu at- 
tinentem habuerat antea in uxorem defiderium eorum in hac parte adim- 
plere non poflunt difpenfatior.e fuper hoc Apoftolica non obtenta. Quare 
pro parte ipforum Patncii et Eleonore nobis fui^ hu'^i'.iter fupplicarum, ut 
providere fibi fuper hoc de oportune difpenfationis gratia mifericorditer dig- 
naremur. Nos igitur hujufmodi fupplicationibus inchnati fraternitati tue 
de qua in hiis et aliis fpecialem in Domino fiduciam obtinemus per Apoflolica 
fcripta committimus et mandamus, quatenus fi eft ita dicbaque mulier propter 
hoc rapta non fuerit, cum eifdem Patricio et Eleonora, quod impedimento 
affinitatis predifto, feu alio impedimento fimili de quo non fperatur ad prefens 
fi forfan impoflerum reperiretur non obftantibus matrimonium invicem libere 
contrahere, et in eo poflquam contraclum fuerit licite remanere valeant 
auftoritate noftra difpenfes. Prolem ex hujufmodi matrimonio fufcipiendam 
legitimam nuntiando. Datum Avinione xv kalendas Aprilis, Pontificatus 
•noflri anno fexto. 



DISPENSATIO Nobili Viro Roberto de * Bevathyn 
Domicello et Nobili Mulieri Egidi^ Sencfcalli Do- 
micells Glafguen. Diocefe. 

QLEMENS Epus, Servus Servorum Dei. Venerabili Fratri Epifcopo Glaf- Ex Regt^ 
guen. Salutem, &c. ciem. vti. 

Oblate nobis pro parte diledi filii nobiHs viri Roberti de Bevachtyn Do- P- ■+3- 
micelli, et dilefte in Xpo filie nobilis mulieris Egidie Senefchalli Domicelle ^37^- 
Glafguen. Dioc. petitionis feries continebat, quod ipfi nonnullorum amicorum 
fuorum interveniente tractatu, ut inter amicos cujuflibet eorum pax et di- 
leclio continue maneat defiderant invicem matrimonialiter copulari. Sed quia 
pater naturalis di£te Egidie prefatu. Robertum de Sncrofonte levavit^ non 
poffiuit hujufmodi eorum defiderium adimplere difpenfatione ApofioUca fuper hoc non 
obtenta. Quare pro parte dictorum Roberti et Egidie nobis fuit humiiiter 
fijpplicatum, ut providere eis fuper hoc de oportune difpenfationis gratia de 

3 I benigiutate 



443 



SUPPLEMENT: 

benignitate ApHca dignaremur. Nos qui pacem inter amicos_ ipfos nutrirc 
quantum cum Deo pofl'umus cupimus, cariflimi etiam in Xpo filii noftri 
Robert! Regis Scocie illuftris, et ipforum Roberti et Egidie fupplicationibus 
inclinati, fraternitati tue de qua in hiis et aliis fpecialem in Dno fiduciam ob- 
tenimus per Apoftolica fcripta committimus et mandamus, quatenus fi eft ita, 
didaque Egidia propter hoc rapta non fuerit cum eifdem Roberto de Bc" 
vachtyn et Egidia, ut impedimento cognationis fpiritualis inter eos ex dida 
levatione de Sacrofonte exorte,. non obftan. matrimonium invicem libere 
contrahere, et in eo poftquam contradum fuerit remanere licite valeant 
auflioritate Apoftolica difpenfes. Prolem fufcipiendam ex huoi matriraonio 
legitimam nuntiando. Datum AvinLone v nonas Odobris anno nono. 



DISPENSATIO Nobili Viro Normanno de Lesli 
Domicello et Nobili Mulieri Christian^e de Ceton 
Domicellffi S"" Andrese Diocefe. 

E»Reg<o "nflNEDICTUS E^, Servus Servor. Dei. Venerabili Fratri Epifcopo 

AmlJ'.fJ"" Sanfti Andree Salutem, &c. 

xxii. p. 4S7. Oblate nobis pro parte diledi filii nobilis viri Normani de Lefli Domicelli, 
141 5' et dilefte in Chrifto filie nobilis niulieris Criftiane de Ceton Domicelle tue 
Dijoc. petitionis feries continebat, quod ipfi defiderant invicem matrimonialiter 
copulari ; fed quia quarto confanguinitatis gradu infimul funt conjunfti, 
defiderium hujufmodi adiraplere non poflunt, difpenfatione fuper hoc Apofto- 
lica non obtenta. Quare pro parte ipforum Normani et Chriftiane nobis 
extltit humiliter fupplicatum, ut providere eis fuper hoc de oportune difpen- 
fationis gratia de benignitate Apoftolica dignaremur. Nos igitur hujufmodi . 
fupplicationibus inclinati fraternitate tue, de qua in his et aliis fpecialem in . 
Domino fiduciam obtinemus per Apoftolica fcripta coinittimus et mandamus, 
quatenus fi eft ita cum eifdem Normano et Criftiana dummodo ipfa propter 
hoc rapta non fuerit, ut ipfi impedimento quod ex confanguinirate hujuf- 
modi provenit, non obftante, matrimonium invicem contrahere, et in eo 
poftqua. contra^um fuerit remanere licite valeant audoritate noftra difpenfes. 
Prolem ex huoi matrimonio fufcipiendam legitimam nuntiando. Datum 
Panlfcole Deytufen. Dice, iiii nonas Septembris anno vicefimo fecutido. 



S IT P P L E M E N f. 



443 



DISPENSATIO Nobili Viro Jacoso Stewart et Nobili 
Mulieri Joann.e Bureford, S"^ Andreje Diocefe, 

PUGENIUS Epus, Servus Servorum Dei. Venerabili Fratri Enifcopo Ex ReR'» 
Dunkelden. Salutem, &c. I^"S" l^P- 

Oblate nobis nuper pro parte dilefti filii nobilis viri Jacobi Stewart, et P-^J-- 
dilecte in Chrifto filic nobilis mulieris Jehanne Berrford, Sanfti Andree i439- 
Dioc. petitionis feries continebat, quod ipfi olim ignorantes fe tertio, et tertio 
ac quarto et quarto necnon tertio et quarto confanguinitatis et affinitatis 
gradibus fe eiTe conjunftos, credentes id fibi licere matrimonium invicem per 
■verba legitime de prefenti coram certis teftibus clandeftine contraxerunt, ac 
poftmodum cum ad eorum notitiam deveniflet, quod infnnul ut prefertur 
prefatis confanguinitatis et affinitatis gradibus conjundi crant matrimonium 
ipfum per carnalem copulam confummarunt. Cum autem ficut eadem 
petitio fubjungebat, ipfi Jacobus et Johanna in hujufmodi fie contrado ma- 
trimonio remanere nequeant difpenfatione fuper hoc Apoftolica non obtenta 
et fi divertium fieret inter eos gravia exinde diflentiones et fcandala inter 
eorum amicos et parentes poflent verifimiliter exoriri, ipfaque Johanna 
propterea remaneret perpetuo difFamata, pro parte ipforum Jacobi et Johanne 
nobis fuit humiliter fupplicatum, ut eis fuper hoc de abfolutionis debite bene- 
iicio ab excommunicationis fententia quam propterea incurrerunt, et de opor- 
tune difpenfationis gratia providers mifericorditer dignaremur, Nos igitur, 
qui falutem querimus fingulorum, et inter Chrilti fideles libenter pacis et 
quietis commoda procuramus, cupientes, prefatis dilTentionibus et fcandalis 
quantu. cum Deo poffumus falubriter obviare, hujufmodi fuppiicationibus 
inclinati, fraternitati tue de qua in hils et aliis gerimus in Dno fiduciam 
fpecialem cum ipfi Jacobus et Johanna ordinarium fuum habeant in hac 
parte fufpeftu. per Apoftolica fcripta committimus et mandamus, quatenus fi 
eft ita, prefatis Jacobo et Johanna feparatis ab invicem ad tempus de quo tibi 
videbitur expedire, eos ab hujufmodi excommunicationis fententia, quam 
propter premiffa incurris fe nofcuntur aucloritate noftra abfolvas in forma 
ecclefias confueta, injunftis eis inter alia fub virtute juramenti per eos pre- 
ftandi, quod fimilia de cetero non committant, nee facientibus prebeant 
auxilium, confilium vel favorem, ac pro modo cuipe penitentia falutari, et 
aiiis que de jure fuerint injungenda. Et deinum fi tibi expediens videatur, 
quod hujufmodi fit difpenfatio concedenda fuper quo tuam confcientiam one- 
tamus, cvim ipfi-s Jacobo et Johanna ut imp;-Uimentis que ex confangiiinitate 
3 L 2 ^ et 



SUPPLEMENT. 

et affinitate hujufmodi proveniunt non obftantibus matrimonium invicem dc 
novo libere contrahere, et in eo poftquam contradlu. fuerit licite remanere 
valeant audlioritate Apoflolica difpenfes. Prolem fufceptam fi qua eft, et 
fufcipiendam ex eis legltimam nuntiando. Volumus quod ille ex predidtis 
Jacobo ct Johanna, qui vite fuperftes fuerit perpetuo remaneat innuptus. 
Datum Florentie anno Incarnationis Dnice millefuno quadringentefimo 
triceflimo nono, undecimo kalendas Oftobris, Pontiticatus noftri anno none. 



DISPENSATIO Nobili Viro JacoBo Comiti de Douglas, 
Fratri Germano Gulielmi quondam Comitis de 
Douglas, et Nobili Mulieri Margaret e etiam de 
Douglas, Glafguen. Diocefe. 

Ex Reg'" -VTICOLAUS E^s, Servus Servor. Dei. Dikao Filio Nobili Viro Jacobo 
p]'^p?\'. an. Comiti de Douglas, et Dilefte in Chriflo Filie Nobili Mulieri Margarete 

VI. p. Oo. at. etiam de Douglas, Glafguen. Dioc. Salutem, &c. 

1452. Et ft inter perfonas quaflibet pacis et quietis commodi ex fufcepti fummi 

Apoftolatus officii debito procurare teneamur, circa tamen perfonas gene- 
rofitate preclaras id plurimum infidet nobis cordi, unde nonnunquam juris ca- 
nonici temperando rigorem, aliqua earum ae aliorum premifforum intuitu coui- 
eedere nos convenit, que alias non eflemus faciliter conceffuri. Exhibita 
fiquidem nobis nuper pro parte veftra petitio continebat, quod licet olim 
quondam Willielmus Comes de Douglas tunc in humanis agens tecum Mar- 
gareta, illi fecundo et tertio confanguinitatis gradibus conjunfta, tuncq. infra 
nubiles et duodecimum tue etatis annos conflituta, ac conjunftione hujufmodi 
non ignorante matrimonium per verba de prefenti contraxerit, ipfeque qui 
aliquandiu tecum habitavit re carnaliter forfan cognofcere temptaverit, et 
adimpleri nequiverit, difpenfatione Apoftolica oportuna fuper hoc non obtenta-, 
quamvis fuerit per dictum Willhelmum Comitem debita cum inftantia pro* 
curata. Vos tamen qui fimilibus gradibus eitis conjunfti difto Wilhelmo^ 
cujus tu Jacobe olim frater germanus fuiiti, ficut Dno placuit rebus humanis 
exempto, ad fedandum guerras, dilTenfiones, homicidia et fcandala, que inter 
veftros parentes confanguineos et amicos, qui in illis partibus magni nobiles 
et potentes fore nofcuntur retrofluxis temporibus fufcitata, ac pro con- 
fervandis, ut ulterius procurandis inter illos et nos pacis et amjcitie nexibus, 

necnon 



5 U P P L E M E N T, 

necnoa ex cerfis aliis rationabilibus caufis defideratis invicem matriinonialiter 
copulari. Sed quia tu Jacobe quamdam aliam mulierem eidein Margarita infe- 
cundo et tertio ejufdem coiifanguinitatis gradibus attinente, alias aftu fornicaris 
carnaliter cognovefti que ex publice honeftatis jultitie acconfanguiuitate affini- 
tate proveniunt iinpedimentis huj.ufmodi obfiRentibus veftrum huoi defiderium 
adimplere non valetis difpenfatione fuper hoc Apoftolica non obtenta. Quare 
pro parte veftra nobis fuit huniiUter fupplicatum, ut pro bono pacis et con- 
cordie ad evitandum quecumque diffefiones et fcandala, que alias verifimiliter 
fuborir! poffint nobis de oportune difpenfationis gratia, ac alia fuper hiis falu- 
brlt J.- providere de benignitate Aplica dignaremur. Nos igitur qui inter fideles 
quoflibet prefertim generum profapia atque generofitate pollentes pacis, et 
quietis commoda tanto libentius procuramus, quanto et eorum diflenfionibus 
niajora poflent fcandala verifimiliter provenire cunftis difcriminibus que alias 
exinde contingere poffent obviare cupientes ex premiffis et certis aliis caufis 
rationabilibus, et etiam confideratione carifllmi in Xpo filii nri Jacobo Sco- 
torum Regis illufiris pro vobis confanguineis fuis fuper hiis nobis humiliter 
fupplicantis, ipfiufque Regis, ac veftris humilibus fupplicationibus inclinati 
te Margaretam ab excommunicationis fententia, quam propter premifla 
incurriffe dinofceris audoritaie Aplica abfolvimus, ac tecum, et cum dicto 
Jacobo Comite ut premiffis, ac quorumcumq. aliorum fimilium aut diflan- 
tiorum confanguinitatis et affinitatis graduum impedimentis, que Piitibus 
haberi volumus pro fufficienter expreffis nequaquam obftantibus matri- 
monium inter vos contrahere, et in eo poflquam contradum fuerit remanere 
libere et licite valeatis eadem aucloritate tenore Pntium de fpeciali gratia dif- 
penfamus. Prolem exinde fufcipiendam legitimam decernendo. Volumus 
autem quod autequam huoi matrimonium contrahatis confellor ydoneus, 
quern quilibet veftrum duxerat eligendum vobis videlicet tibi Jacobo Comiti 
pro incefta occafione d' fornicationis contrafto, ac eitiam tibi Margarete pro 
aliis prediais penitentiam falutarem, et alia que fuerint injungenda injungat, 
que vos omnino debeatis adimplere, alioquin Pntes littere nullius fint roboris 
vel momenti. Nulli ergo, &c. Nre abfolutionis, difpenfationis, confiitutionis 
et voluntatis Infringere, &c. Si quis, &c. Datum Rome apud 8. Petrum 
anno, &c. millefimo quadringentefimo quinquagefimo fecundo quarta kalen. 
Martii, Pontificat. nri anno fexto. 

M. DE Marini the Keeper of the Records in the Vatican and Caftle 
St. Angelo, authenticated all the preceding Difpenfations by his feal and 
fubfcription, in the fame manner as the firft of thofe here printed jr— and 
thefe official copies are now in my pofleffion. 



44i 



446 



SUPPLE ME N T. 



LIST of DISPENSATIONS found by M. de MARINI 

in the Archives of the Vatican, of which Notes were 
taken by him, over and above thofe whereof the 
official Copies are hereinbefore inferted. 



Popes by whom granled. 

John XXII. Difpenfatio Jacobo Frelfer, Aberdonen. et Mar- 
garitas de Ferendraucht, . _ . - 
Idem. Difpen. Davidi de Lindefay Glafguen. Diocefe et 

Marias filias Alexandri de Abernethie, 
Idem. Difpen. Jacobo de Cunninghin Glafguen. et 

Elense de Caridelle (vel Calentiilae). 
Benedict XII. Difpen. Joanni quondam Eaguffii de Ifle Soderen. 
et Amias quondam Roderici de Infulis, 
Idem. Difpen. Philippo Domino de Meldon Aberdo- 

nen. et Marias Eglinton, - - - . 
Clement VI. Difpen. Thomee ComitI de Marr Aberdonen. 
et MargaritEc Viduae Joannis de Moravia, 
Idem. Difpen. Willielmo de Moravia Glafguen. et 

Margaritfe filiae Duncani Campbell Militis. 
Innocent VI. Difpen. Roberto de Ramefay Domicello Dun- 
chelden. et Joannae quondam Maldini de 
Ramefay, - - .... 

Idem. Difpen. Thomse Comiti de Mar Aberdonen. et 

Margaritas filias quondam Joannis Comitis de 
Menteith, . - . . „ . 

Idem. Difpen. Roberto Erfkine Militi et Nobili Mulieri 

Chriftianje de Beth S" Andreas Diocefe, 
Urban V. Difpen. Joanni de Haia Domino loci de Tubilon 
Aberdonen. et Chriftianae filiae Willielmi 
Comitis de Keith Domicellas Moravien, 
Idem. Difpen. Fergufio Mackdouel Domicello Candidas 

Cafas et Margaritae filiae Willielmi de Con- 
ningham Domicellae Glafguen. 



1339 



ns^ 



1364 



1364 



SUPPLEMENT, 



Fopes by whom granted. Daie. 

Urban V. Difpen. Lotolamio filio Joannis difti Magrllleon 
Domicello Sodoren. et Mariae de Inlulis filise 

Joannis, 1366 

Idem. Difpen. Thomse Erfkin Domicell. S'^ Andrese et 

Marise de Douglas Domicells, ... 136^ 
Idem. Difpen. Joanni de Keit Domicello Aberdonen. 

et Marife de Eden Domicello, - . - 1369 
Idem. Difpen. Willielmo de Breton Domicellse S'^ An- 

dres et Margaritse quondam Joannis de 
Prefton Militis Domicellse. 
Idem. Difpen. ThomEe Conftahulario Domicell. S'* An-- 

drete et Mariottse de Weynd. 
Gregory XL Difpen. Waltero Aulani Domicello Glafguen. 
et Eleanors filis Gillefpeth Campell Domi- 
cellse. 
Clement VII. Difpen. Patricio de Sandielands Domicello 
Antipope. S'^ Andreae ut poflit ducere in uxorum Con- 

fanguineam in tertio gradu Ifabellam viduam 
Nobilis Viri Militis Joannis de Lyndiffin, - 1383 

Idem. Difpen. Joanni Enrici Domicell. Glafguen. et 

Margaritse filise Thomse de Kirkpatrick Mi- 
litis. 
Benedict SlII. Difpen. Gilberto de Haia Domino loci de Drow- 
Amipope. low S * Andrece et Elizabethae Red Domicellce . 

Aberdonen. Diocefe, - - - -1416 

Ideno. Di^en. Lamany Nigelli Singonii Sodoren. et 

Annse - ■ 1418 



448 



SUPPLEMENT. 



Befides the preceding D'lfpenfations, extraded from the Archives 
of the Vatican and of the Caftle of St. Angelo, feveral others were 
difcovered in the office of the Dataria at Rome, where fearch was 
made in the period between 1380 and 1420. 

The fearch in the Archives at the Vatican had been made for the 
period from the year 13 17 to the year 1452 ; and Difpenfations 
were there found during the whole courfe of that period with little 
intermiffion, excepting from 1376 to 1416, during which time 
there was not in thefe regifters one fingle Difpenfation granted to 
Scotch perfons. From this circumftance I fufpeded that there were 
regifters for that period which were kept in feme other place. 
Whereupon it was fuggefted to me, that probably they might be 
fourid at the Dataria, where the records during the times of fome 
of che Popes or Antipopes were kept. Accordingly, in confequencc 
of a memorial given in to the officers of the Dataria, a fearch was 
made there, in the courfe of which the following Difpenfations were 
difcovered. 



SUPPLEMENT, 



449 



DISPENSATIO Matrlmonialis Nobili Viro Alexandro 
Stevart Domicello, et Nobili Mulieri Egidie de 
Douglas, Relide Vidue quondam Henri Saintclar 
Militis, Diecefum Glafguenfis et S. Andree. 

CORULLI. 
j\/TARTINUS Epifcopus, Servus Servorum Dei, Ve"Qii Fratri Epifcopo ^artinus v, 
Sanfti Andree Salutem et Apoftolicam Benedidtionem. Oblata nobis jTrirMa?;'. 
. nuper^pro parte dileftl filii nobilis viri Alexandri Stevart domicelli et dilefte 141 8. 
in Xpto filie nobilis mulieris Egidie de Duglas quondam Henrici Soeuclar 
Militis relide vidue Glafguen. et Sandli Andree Diecefum petitionis feries 
continebat quod ipfi Alexander et Egidia ad fedandum graves difcordias que 
olim inter eorum parentes et amicos fuerunt exorte et alias ad pacem inter 
eofdem parentes et amicos perpetuo procurandum defiderant ad invicem ma- 
trimonialiter copulari. Sed quia Alexander tertio et Egidia prefati fecundo 
dumtaxat confanguinitatis gradibus ab eorum comuni ftipite diftare nofcuntur 
huoi eorum defiderium adimplere nequeunt difpenfatione fuper hoc Apofto- 
lica non obtenta. Quare pro parte didorum Alexandri et Egidie nobis fuit 
humiliter fupplicatum ut fuper hoc eis de oportune difpenfationis gratia 
providere de benignitate Apca dignaremur. Nos igitur qui p»cem in1:er 
Xpti lideles totis affeflibus procuramus ex premiflis et aliis ca'fcfis nobis 
expofitis huoi fupplicationibus inclinati fraternitati tue de qua in his et aliis 
fpecialem in Domino fiduciam obtenimus per Apoflolica fcripta etiam man- 
damus quatenus fi eft ita diQaque Egidia propter hoc rapta non fuerit cum 
eifdem Alexandro et Egidia ut impedimento quod ex huoi confanguinitate 
provenit non obftante matrimonlum inter fe contrahere et in eo poftquam 
contraftum fuerit remanere libere et licite valeant aucle noftra difpenfes. 
Prolem ex hujufmodi matrimonio fufcipiendam legittimam nunciando. 
Datum Rome apud Sandtum Petrum tertio kalendas Mali anno primo. 

Fa— X X. de Berretanis. _ 

Reg" llbro octavo Pontificatus anni quinti Felias Recordnis 
Martin, P. P. V. pag. 79. . jh^ 

Sumptum ex Regiltris Lraium Apllcarum fel. rec. Martini, P;^;f^uinti, 
et coUationatum per me Ludovicum Godin earumdera Lrarum 
Aplicarum Regiftri Magiltri Magillrum. 
Concordat cum Regeflro originali et de facultates Claufulis extenfis & 
folv-os PHILIPPUS LANZONUS Reg" Lrarum Aplicarum cuftos. 
3^ 



450 



•S tr P P L E M E N T. 



DISPENSATIO Matrimonialis Roberto de Gledstanis 
et JoNETE Filie Willielmi Turnbul Diocefis 
Glafgiienfis. 

P. DE MONTELLA. 

MariinusV. ■JV/T A RTINUS Epifcopus, Servus Servorum Dei, Venli Fratri Epifcopo 
^"idus Febr. Sanfli Andree Salutem et Aplicam Benedem. Oblata nobis nuper 

1420. P^° P^^^^ dilefti filii Robert! de Gledftanis laici et Jonete dilefte filie Willelmi 
Turnbul nate mulieris Glafguen. diecefis petitionis feries continebat quod idem 
Robertus quondam mulierem eidem Jonete in tertio gradu confanguinatis 
conjundam carnaliter cognovit tamquam fimplices juris ignari matrium 
. inter fe contraxerunt per verba legitime de prefenti licet de fafto illudque in 
facie ecclefie folemnizarunt et carnali copula confumarunt. Cum autem 
ficut eadem petitio fubjungebat prefati Robertus et Joneta propter impedi- 
mentum ex premiflis exortum in huoi matrimonio remanere nequeant dif- 
penfatione fuper hoc Aplica non obtenta pro parte ipforum Roberti et Jonete 
nobis fuit humiliter fupplicatura eis de abfolutionis beneficio ab excomma- 
nicaonis fententia quam propter premifla incurriffe nofcentur de oportune 
difpenfaonis gratia providere de benignitate Aplica dignaremur. Nos igr 
qui falutem querimus fingulorum volentes eorumdem Roberti et Jonete 
fuper premifiis animarum providere faluti huoi fuplnbus inclinati fraternitate 
tue de qua in hiis et aliis fpecialem in Domino fiduciam obtinemus cum diiStus 
Robertus ficut aflerit Venlem Frem ni-um Wilhelmum Epum Glafguen. cum 
cflet in hoc cafu fcribendum habeat ex certis caufis fuipeftum in hac parte 
per Aplica fcripta comittimus et mandamus qnuo eofdem Robertum et 
Jonetam fi hoc humiliter petierint ipfis prius ad tempus de quo tibi videbitur 
ad invicem feparatis ac recepto ab eis juramento quod fimilia de cetero non 
comittent nee committentibus preftabunt auxilium confilium vel favorem ab 
huoi excommunicaonis fententia juxta fcrmam ecclefie confueta autSle nra hac 
vice dumtaxat abfolvas injunftis inde eis pro modo cuipe penitentia falutari et 
aliis que de jure fuerint injungenda. Et demum fi tibi expediens indebitur quod 
huoi difpo concedaret diftaque Joneta propter hoc rapta non fuerit cum 
eifdem Roberto et Joneta ut ipfi impdno huoi non obftante matrimonium de 
novo contrahere et in eo pollquam contradum fuerit remanere )ibere et licite 
valeant eadem aufloritate noftra difpenfes. Prolem ex huoi matrimonio 
fufceptara et fufcipiendam ex inde legmam decernendo volumus autem quod 



SUPPLEMENT. Arr 

alter ex Roberto et Joneta predidis qui vite fuperftes fuerit perpetuo 
remaneat innuptus. Datum Florentie feptimo idus Februarij anno tertio. 
Antonins. X. X. de Ponte. 
Reg" libro fexto anni quarti felicis Recordaonis Martini, 
Pape quinti Pontificatus, pagina 310. 



DISPENSATIO Nobiii Viro Waltero Stewart pe 
Levenax, et Nobiii Mulieri Jonete de Erskyn 
Filie Nobilis Viro Roberti de Erskyn Militi Dio- 
cefis Glafgueii, et S"" Andreae. 

CORULLI. 

T^yTARTINUS Epus, Servus Servorum Dei. Venerabili Fratri Epifcopo Martmusv, 
Saiifti Andrea Salutem et Aplicain Benedera. Oblate nobis nuper eTai *Maii. 
pro parte dilefti filij nobilis viri Walteri Stewart de Levenax Domicelli et 1421,, 
dilefte in Xpto filie nobilis mulieris Jonete de Erfkyn diledi filii nobilis 
viri Roberti de Erfkyn Miiitis nate Domicelle Glafguen. et tue Diocefis 
petiiionis feries continebat quod ipfi Walterus et Janeta ex certis rationa- 
bilibus caufis defiderant ad invicem matrimlr copulari fed quia tertio 
confanguinitatis gradu invicem funt conjundi huoi eorum defiderium 
adimplere nequeunt difpenfatione fuper hoc Apoftolica non ob- 
tenta. Quare pro parte diftorum Walteri et Jonete nobis fuit humiliter 
fupplicatum ut propter hoc eis de opne. difpnis gratia providere de be- 
nignitate Aplica dignaremur. Nos igitur ex certis caufis nobis expofitis 
huoi fupplicaonibus inclinati fraternitati tue de qua in hiis et aliis fpecialem 
in Domino fiduciam obtinemus per Apoftolica fcripta committimus et 
mandamus qnus fi eft ita dtaque Joneta propter hoc rapta non fuerit cum 
eifdem Waltero et Joneta ut impedimento quod ex huoi confanguinitate 
provenit non obftante matrimonium inter fe contrahere et in eo poftquam 
contraftum fuerit remanere libere et'licite valeant aufloritate noftradlfpenfes. 
Prolem ex hujufmodi matiimonio fufcipiendam legitimam nunciando. Datum 
Rome apud Sanftum Petrum fexto kalendas Maii anno quarto- 
Francifcus X. X. Dengillo. 
Regiftrata libro decimo anni quarti Pontificatus felicis 
Record. Martini, Pape quinti, pag" 222, 
3M 2 



4S2 



SUPPLEMENT, 

ALIA DISPENSATIO Nobili Viro Georgeo de 
Dunbar, Comiti Marchiarum Regni Scotiae, et Nobili 
Mulieri Halesi^ Wilhelim de Haya, Filio quondam 
Militis de Vheftyr, Domicelle Diocefis S. Andree. 



lartinus V. "jV/TARTINUS Epifcopus, Scrvus Servorum Dei. Venerabili Fratri Epifcopo 
iiiiisAug. Sancti Andree Salutem et Apofiolicam Benedem. Oblate nobis pro 

142 1. parte diledtl filii nobilis viri Georgij de Dunbar Comitis Marchiarum Regni 
Scotie et dilefle in Xpto filie nobilis mulieris Halyfie Wilhelim de Haya 
Militis quondam Domini de Vheflyr nate Domicelle tue diecefis petitionis 
feries continebat quod ipfi Georgius et Halyfia ex certis caufis ratlonabilibus 
defiderant invicem matrimonialiter copulari. Sed quia fecundo et quarto 
affinitatis gradibus ex eo provenientibus quia di6la Halyfia quarto et quondam 
Beatrix dum vixit di£ti Georgii prima uxor fecundo confangliinitatis gradibus 
dumtaxat ab eorum comuni ftipite diftabant invicem funt conjundi huoi 
eorum defiderium adimplere nequeunt difpne fuper hoc Apoftolica non 
obtenta. Quare pro parte didtorum Georgii et Halyfise nobis fuit humlr 
fupplicatum u£^ipfis fuper hoc de optne difpenfaonis gratia providere de 
benignitate Aplica dignaremur. . Nos igitur ex certis caufis nobis expofitis 
huoi fupplaonibus inclinati fraternitati tue de qua in hiis et aliis fpecialem in 
Domino fiduciam obtenimus per Apoftolica fcripta committimus et manda- 
mus qnus fi eft ita diflaque Halyfia propter hoc rapta non fuerit. Cum eifdem 
Georgio et Halyfia ut impedimento quod ex affinitate huoi provenit non 
obftante matrimohium inter fe contrahere et in eo poftquam contradum 
fuerit remanere libere et licite valeant aufte noftra difpenfes. Prolein ex 
huoi matrimonio fufcipiendam legmam nunciando. Datum Tybure feptimo 
idus Augufti anno quarto. 

Francifcus X. X. X. Dengillo. 
Regiftrata libro primo anni quinti Pontificatus felicis Re- 
cordaonis. Martini, P. P. quinti, pag" 181. 



SUPPLEMENT. 453 

DISP^NSATIONobiliViroWiLLELMO DRLEUYNSTaN, 
Domicelloj et Nobili Mulieri Elisabeth de CaldcotiSj 
Domicelle, Diecefis S, Andree. 

CORULLI. 

IVTARTINUS Epifcopus, Servus Servorum Dei. Veneli Fratri Epifcopo Manlnus v. 

Sanfti Andree, Salutem et Aplicam Benediclionem. Oblate nobis ^".'j°*'^-^^ 
nuper pro parte dilecti filii nobilis viri Willelmi de Leuynfton Doraicelli et vemb. 
dilede in Xpto filie nobilis mulieris Elifabeth de Caldcotis Domicelle tue 1421. 
Diecefis petitionis feries continebat quod ipfi ex certis rationabilibus caufis 
defiderant ad invicem matrimonialiter copulari, Sed quia tertio confanguini- 
tatis gradu invicem funt conjunfti huoi defiderium eorum adimpkre ne- 
queunt difpenfatione fuper hoc Apoftolica non obtenta. Quare pro parte 
diftorum Willelmi et Elifabeth nobis fuit humiliter fupplicatum ut fuper eis 
de oportune difpenfationis gratia providere de benignitateApoflolica digna. 
remur. Nos igitur ex certis caufis nobis expofitis huoi fupplicationibus 
inclinati fraternitati tue de qua in hiis et aliis fpecialem in Domino fiduciam 
obtenimus per Apoftolica fcripta mandamus quatenus fi eft ita diflaque 
Elifabeth propter hoc rapta non fuerit cum eifdem Willelmo et Elifabeth ut 
impedimento quod ex hujufmodi confanguinitate provenit non obftante 
matrimonium inter fe contrahere et in eo poftquam contraftum fuerit re- 
manere libere ?t licite valeant auftoritate noftra difpenfes. Prolem ex huoi 
matrimonio fufcipiendam legitimam nunciando. Datum apud San£tura 
Petrum quarto idus Novembris anno quarto. 

Francifcus X. X. Dengello. 
Reg'* libro fexto anni quinti Pontus felicis Recordnis 
Martini, Pape quinti, pagina fexta. 



454 



SUPPLEMENT, 

DISPENSATIO Nobilis Viri Willelmo de Douglas 
Filii Nobilis Viri Jacobi de Douglas Militis et 
Domini Loci de Dalbreck, Primogeniti Domicelli, 
et Margarithe de Borchville Vidue quondam 
WiLLELMi de Abirnethi Dicccfis S. Andree. 

BALDUS. 

TV/f ARTINUS Epus. Servus Servorum Dei.Venerabili Fratrl Epifcopo Sanfti 
,. Andree, falutem et Aplicain Benedem. Oblate nobis nuper pro parte 

dilefti filii nobilis viri Wilhelmi de Douglas dilefti filii nobilis viri Jacobi 
de Douglas Militis et Domini Loci de Dalbrech primogeniti Domicelli et 
dilefte in Xpto filie Margarithe de Borchuilr Relifte qni Wilhelmi de 
Abirnechi Laici vidue tue Diecefis petitionis feries continebat quod ipfi 
Wilhelmus de Douglas et Margaritha ad fedandum quafdam inter eorum 
amicos exortas difcordias et ex aliis certis caufis defiderent invicem matri- 
monialiter copulari, Sed quia Wilhelmus de Abirnechi dum vixit et Wilhel- 
mus de Douglas predifti fibi invicem tertio confanguinitatis gradu attinebant 
huoi eorum defiderium adimplere nequeunt dlfpenfatione fuper hoc Apof- 
tolica non obtenta. Quare pro parte ipforum Wilhelmi de Douglas et 
Margarithe nobis fuit humlr fupplicatum ut fuper hoc eis de opne difpenfis 
gratia providere de benignitate Apoftolica dignaremur. Nos igr ex pre- 
miffis et aliis caufis nobis expofitis huoi fupplicaonibus inclinati fraternitati 
tue de qua in hiis et aliis fpecialem in Domino fiduciam obtinemus per 
Aplica fcripta committimus et mandamus qnus fi eft ita diftaque Margaritha 
ppr hoc rapta non fuit cum eifdem Wilhelmo de Douglas et Margaritha 
ut impedimento quod ex premifiis provenit non obftante mairimonium inter 
fe contrahere et in eo poftquam contra£lum fuerit remanere libere et licite 
valeant Apoftolica audloritate difpenfes. Prolem ex huoi matrimonio fufci- 
piendam legitimam nunciando. Datum Rome apud Sanftum Petrum quinto 
.'dus Decembris anno quarto. 

Ja, XVI. de Cortetanis. 
Regiftrata libro decimo anno quarti Pontlficatus felicis 
Recordationis Martini, Pape quinti, pag* 26. 



SUPPLEMENT. /^s5' 

DISPENSATIO Nobili Viro Archebaldi de Douglas 
Domicello, et Nobili Mulieri Euphem^ de Graham 
Domicelle Diecefum Dunblanenfis et Glafguen. 

DE MONTEPOLITIANO. 

MARTINUS Epifcopus, Servus Servorum Dei._VenerabiII Fratri Epifcopo ^J^'J^''g7^'_ ^' 
Dunblanen. Salutem et Apoftolicam Benedem. Oblate nobis pro 6kai. juiii. 
parte nobills viri Archebaldi de Douglas Domicelli et nobilis mulieris Eu- 1425, 
phemie de Graham Domicelle Glafguen. et tue diecefis petitionis feries con- 
tinebat quod olim ipfi poftquam cum eis duplici tertio ex uno et duplici 
quarto ex alio lateribus ex diverfis ftipitibus provenientibus invicem con- 
iunftis ut matrimonlum inter fe contrahere et in eo poftquam contraftun-i 
foret remanere poffent Apoftolica fuerat audoritate mandatum dilpenfari 
antequam ad h'uoi mandati exequutionem_procederetur fimplicitate duftt 
non tamen ignorante^fe huoi gradibus contis effe conjunftos matrimoniun^ 
inter fe per verba legme de prefenti contraxerunt illudque carnali copula 
confumarunt. Cum autem ficu£j;adern_petitio fubjungebat ipfi nequeant in 
diao matrimonio remanere difpne Aplica fuper hoc non obtenta et fi di- 
vortium fieret inter eos fcandala et difcordie inter ipfos et eorum amicos 
verifimiliter orirentur pro parte ipforum Archibald! et Euphemie nobis _fuit 
humiliter fupplicatum ut eis fuper hoc de abfolutionis beneficio ab excomnis 
fentcntia quam propt^erea incurriffe nofcun_tur et opne difpnis gratia providere 
de benignitate Aplica dignaremur. Nos igr qui fcandalis difcordiifque huoi 
libenter quantum nobis ex alt_o_ permittitur obviamus ex premiflis et aliis 
caufis nobis expofitis h'uoi fuppbus inclinati fraternitati tue de quainiis 
et aliis fpecialem in Domino fiduciam obtinemus per _ApoftoIica fcripia 
mandamus qiius fi eft: ha_Archebaldum_et Euphemiam pros fi hoc humiliter 
petierint ab huoi excomnis fententia aucte noftra hac vice dumtaxat abfolvus 
in forma ecclefie confueta injunftis eis inter alia fub virtute juramenti per 
eos preftandi quod de cetero fimilia non committent nee ea committenti- 
bus preftent auxilium confilium vel favorem ac pro mode penitentia falu- 
tari et aliis que de jure fuerint injungenda et demum fi dida Euphemia ppr 
hoc rapta non fuerit cum eifdem Archibaldo et Eupheraiajpfis tamen priu? 
ad tempus de quo tibi videbltur ab invicem feparatis ut impedto quod ex huoi 
confanguinitate provenit non obftanta matrimonium inter fe de novo iibere 
contrahere et in eo poftquam contraaum fuerit remanere licite valeat eadem 

auaoritate 



45^ 



SUPPLEMENT. 

au£lorItate difpenfes. Prolem fufceptam et ex matrimonio huoi fufclpiendam 
legitimam decernendo. Datum Rome apud San^los Apoftolos fexto ka- 
lendus JuHj anno oftavo. 

Pe. XXX. de Cafatiis. 
Reglftrata libro feptimo anni o£lavi felicis Record. 
Martini, Pape quinti, pag. 200. 



MaitinusV. 
iSkal. Sep. 



ALIA DISPENSATIO Simoni, et Anne de Glen- 
din wine Dieceiis Glafguen. 

DE UGOLINIS. 

"V/TARTINUS Epifcopus, Servus Servorum Dei. Veneli Fratri Epifcopo 
Glafguen. Salutem et Aplicam Benedem. Oblate nobis nuper pro 
parte dilefti filii Simonis Laici et dilefte in Xpto filie Anne de Glendinvvine 
mulieris tue diecefis petitionis feries continebat quod ipfi ex certis honeftis et 
rationabilibus caufis defiderant invicem matrimonialiter copulari, Sed quiatertio 
et tertio confanguinitatis gradibus invicem funt conjunfti huoi eorum defide- 
rium adimplere nequeunt difpenfatione fuper hoc Aplica non obtenta. Quare 
pro parte Simonis et Anne prediftorum nobis fuit humiliter fupplicatum ut 
eis fuper hoc de oportune difpenfationis gratia providere de benignitate 
Aplica dignaremur. Nos igitur huoi fupplicaonibus inclinati fraternitati 
tue de qua pro hiis et aliis fpecialem in Domino fiduciam obtenimus per Aplica 
fcripta comittimus et mandamus quatenus fi eft ita diftaq. Anna propter hoc 
rapta non fuerit cum eifdem Simone et Anna ut impedimento quod ex con- 
fanguinitate huoi provenit non obftante matrimonium invicem libere con- 
trahere et in eo poftquam contraftum fuerit licite remanere valeant Apofto- 
lica auftoritate difpenfes. Prolem ex hujufriiodi matrimonio fufcipiendam 
legitimam nunciando. Datum Rome apud Sanftos Apoftolos quintodecimo 
kalendas Septembris anno decimo. 

Ja. de Cerretanis XX. 
Reg'' libro decimo anni decimi Po"ntus felicis Record?,, 
tionis Martini, Pape quinta, pagina 269. 



Martin 



_ kal. Fe- 



SUPPLEMENTo ' 457 

DISPENSATIO Matrimonialis Roberto Stewart 
DE Atolia Domicello et Nobili Mulieri Margarite 
DE Ogelby Domicelle, Diecefis Duncheldenfis et 
S. Andree. 

S. DE SAUELLIS. 

MARTINUS Epifcopus, Servu_s Servorum Dei. Vw^li Fratrl Eplfcopo M 
Dunchelden Salutem et Aplicam Benediaionem. Oblate nobis nuper w 
pro parte dilecli filii Roberti Stewart de Atolia Domicelli et dilede in Xpto 
filie nobilis mulieris Margarite de Ogelby Domicelle Sandi Andree et tue ^29- 
diecefis petitionis feries continebat quod ipfi Robertas et Margaritha ad 
confervandam amicitiam et concordiam inter eorum parentes conlangumeos 
et amicos defiderant invicem matrimonialiter copulari. Sed pro eo quod 
tertio confanguinitatis gradu invicem funt conjunai hujufmodi eorum de- 
fiderium adimplere nequeunt difpenfatione Apoftolica fuper hoc non obtenta. 
Quare pro parte diaorum Roberti et Margarithe nobis fuit humiliter fup- 
piTcatum ut fuper hoc eis de oportune difpenfationis gratia providere de 
beni-nltate A^a dignaremur. Nos igitur ex premiffis et aliis certis nobis 
expolitis caufis h^i fupplicationibus inclinati fraternitati_tue de qua in hns 
et aliis fpecialem in Domino fiduciam obtinemus per Aplica fcnpta comit- 
timus et mandamus quatenus fi eR ita diaaque Margarita propter hoc 
rapta non fuerit cum eifdem Roberto et Margarita ut imp^dimento quod 
ex h'll^iconianguinitate provenit non obftante matrimonium inter fe libere 
contrahere et in eo poftquam contraaum fuerit remanere libere valeant 
a^e difpenfes. Prolem ex hujufmodi matrimonio fufcipiendam legitimam 
nunciando. Datum Rome apud Sanaos Apoilolos quarto kalendas Fe- 

bruarii anno duodecimo. „ ^ ,^ „ , „ . •• 
- P. X.X.V. de Cafatiis. 
Reg'^ llbro primo anni tertii decimi Pontificatus felicls 
Recordationis Martini, P. P. quinti, pag' 142- 



3N 



45S 



■SUPPLEMENT. 

DISPENSATIO David Hiredi Laid et Maroarite 
DE Gordon, Diecefis Glafguen. 

BERTOLDU5. 

1\/|"ARTINUS Epifcopus, Servos Servorum Dei. Veneli Fratri Epifcopo 
Glafguen. Salutein et Aplicam Benedem. Oblate nobis nupcr pro 
parte dilefti filii David Hiredi laici et dilede in Xpto filie Margarite de 
-Gordon mulieris tue diecefis petitionis feries continebat quod ipfi ad fedan- 
dum diffentiones et odia inter eorum parentes conlanguineos et amicos exorta 
et confovendum illos in benevolentia et amore ac ex certis aliis rationabilibus 
taufis defiderant invicem matrimonialiter copulari. Sed quia ab uno fecundo 
et ab alio lateribus tertio confanguinitatibus gradibus invicem funt conjundli 
Ipfeque David dileftam in Xpto filiam Elifabet de Haliberton mulierem di6le 
diecefis pte Margarite tertio et quarto confanguinitatis gradibus conjunclam 
pluries fornicatio a«5lu cognovit David et Margarita pti huoi eorum defi- 
derium adimplere nequeunt difpenfatbne fuper hoc Aplica non obtenta. 
Quare pro parte David et Margarithe ptorum nobis fuit humiliter fupplicatum 
lit fuper hoc eis de oportune difpenfationis gratia providere de benignitate 

Aplica dignaremur. Nos igitur ex premiffis et certis aliis caufis nobis ex- 

pofitis huoi fupplicaonibus incllnati fraternitati tue de qua in iis et aliis 
fpecialem in Domino fiduciam obtinemus per Aplica fcripta comittimus et 
mandamus quatenus fi ell ita et ex hoc in partibus ilHs fcandalum non 
refultet diclaque Margarita propter hoc rapta jion fuerit cum eifdem David 
et .Margarita ut impedimento quod ex premifFis provenit non obftante ma- 
trimonium inter fe libere contrahere et in eo poftquani contraftum fuerit 
licite reraanere valeant falutari penitentia ipfi David occafione fornicationis 
hujufmodi primitus injunfta audoritate noftra difpenfes. Prolem ex hujuf- 
modi matrimonio fufcipiendam legitimam nunciando. Datum Rome apud. 
Sandos Apoftolos tertio kalendas Januarii anno tertio decimo. 
Antonius X. X. de Adria. 
Reg'* libro fexto anni tertii decimi Pontus felicis Recor- 
iialionis Martini, Pape quinti, pagina 126. 



459 



SUPPLEMENT. 

DISPENSATIO WiLLiELMi Mungubri et Helens 
Sympill, Glafguen. Diecefis. 

P. DE MONTELLA. 
TV/TARTINUS Epifcopus, Servus Servorum Dei. Venell Fratri Epifcopo Maitinus v 
Glafguen. Salutem Aplicain Benedera. Oblate nobis nuper pro parte Februarl " 
Willelmi Mungubri et Helene Sympill mulieris tue diecefis petitionis feries 14^0. 
continebat quod dim ipfi non ignorantes fe tertio gradu affinitatis fore con- 
juncSos et quod dileftus iilius Vinfridus difti Willielmi natus cum diftis 
Helena matrimonium per verba de future contraxerat licet ex certis caufis 
matrimonium huoi nullum fuiffe aucle ordinaria fententialiter declaratum 
foret matrimonium inter fe per verba legitime de prefenti contraxerunt illud- 
que carnali copula confumarunt et prolem ex inde procrearunt^ Cum autem 
ficut eadem petitio fubjungebat pti Willelmus et Helena in huoi matrimonio 
inter eos ut prefertur contraflro remanere nequeant difpenfatione Aplica 
fuper hoc non obtenta; Et fi divortium fieret inter eos diflentiones et fcan- 
dala gravia inter eorum confanguineos et amicos pofient verifnnilr exoriti 
pro parte ipforum Willielmi et Helene nobis fuit humiliter fupplicatum ut 
eos a fententia excommunicationis quam propterea incurrerunt abfolvere 
et cum eis ut in huoi matrimonio remanere valeant difpenfare de benigni- 
tate Aplica dignaremur. Nos igitur qui inter Xpti fideles libenter quietis com- 
moda procuramus et huoi diffentionibus rixis et fcandalis quantum poffumus 
obviamus et ne propter hoc dida Helena diffamata remaneant providere 
volentes fraternitati tue per Aplica fcripta comittimus et mandamus qua- 
tenus eofdem Willelmum et Helenam a dicta excommunicaonis fententia 
quam propter premiffa incurrifTe nofcuntur audloritate noflra abfolvas in 
forma ecclefie confueta injunclis eis quod de cetero talia non comittent neque 
comittentibus preftabunt auxilium confilium vel favorem et pro modo culpe 
penitentia falutari et alils que fuerint injungenda. Et infuper ipfis Willelmo 
et Helene per te ad tempus de_quo tibi videbitur ad invicem feparatis cum 
eis fi eft ita ut in matrimonio huoi premiffis non obftantibus remanere libera 
et licite valeant dummodo ipfa Helena propter hoc rapta non fuerit aucto- 
ritate noftra difpenfes. Prolem fufceptam huoi et ex huoi matrimonio 
fu-fcipiendam legitimam decernendo. Datum Rome apud Sanftos Apoftolos 
kalendis Februarii anno tertio decimo. 

Pe. X.X.V. de Cafatiis. 
Reg'° libro fexto anni tertii decimi Pontus felicis Recor- 
dationis Martini, Pape quinti, pag^ 199. 
3N 2 



460 



SUPPLEMENT. 



DISPENSATIO Matrimonialis Willelmo de Widen- 
BORNE et Catharine de Stame, Diocelis S. Andree, 

L. FARSCOPIUS. 



"C'UGENIUS Epus, Servus Servorum Dei. Veneli Fratri Epifcopo S" 
Audree Salutem et Aplicam Benedem. Oblate nobis nuper pro parte 



tugcniusIV. 

s'kal.Mtiil 

1411. Willelmi de Widenborne et Catharine de Stame mulieris tue diecefis pe- 



titionis feries continebat quod olim ipfi non ignorantes fe tertio affinitatis 
gradu invicem fore conjunftos matrlmonium contraxerunt inter fe per verba 
de prefenti illudque carnali copula confumarunt. Prole exinde procreata 
curn autem Willelmus et Catharina predifti in huoi matrimonio licite re- 
manere nequeant difpenfatione fuper hoc Aplica non obtenta, et ficut eadem 
petitio fubjungebat fi divortium fieret inter eos gravia exinde inter eorum 
confanguineos et affines fcandala necnon diffentiones et inimicitie verifiliter 
exoriri ipfaque Catharina reinaneret perpetuo difFamata pro parte ipforum 
Willielmi et Catherine nobis fuit humiliter fupplicatum ut eis fuper hoc de 
abfolutionis beneficio ab excomnis fententia quam ppter premiffa incurriffe 
nofcuntur et oportune dlfpenfationis gratia providere de benignitate Aplica 
dignaremur. Nos igr qui falutem fingulorum et inter Xpti fideles libenter 
quietis commoda procuramus et eorum fcandalis obviamus ex premiflis et 
aliis caufis nobis expofitis huoi fupplnbus inclinati fraternitati tue de qua 
in hiis et aliis fpecialem in Domino fiduciam obtinemus per Aplica fcripta 
mandamus quatenus fi eft ita eofdem Willelmum et Catharinam fi hoc 
humiliter petlerint ab huoi excomnis fententia quam propter premiffa incur- 
rerunt ut prefertur auftoritate noftra hac vice dumtaxat abfolvas in forma 
ecclefie confueta injunftis eis inter alia fub viriutejuramenti per eos preftandi 
quod de cetero fimilia non committent nee ea facientibus preftabunt auxilium 
confiliuni vel favorem ac pro modo culpe penitentia falutari et aliis qus de 
jure fuerint injungenda. Et demum fi tibi expediens videbitur quod difta 
difpenfatio fiat diftaque Catharina propter hoc rapta non fuerit cum 
elfdem Willielmo et Catherina ipfis tunc prius ad tempus de quo tibi 
videbitur ab invicem feparatis ut impedimento quod ex premiffis pro- 
venit nonobftante marimonium inter fe de novo libere contrahere et in 
CO poftquam contraftum fuerit reraanere licite valeant eadem auftoritate 
difpenfes fufceptam et ex huoi matrimonio fufcipiendam. Prolem legitimam 
decernendo. Datum Rome apud Sandum Petrum anno Incarnationis 

Dominice 



SUPPLEMENT, .^^ 

Dominice millefimo quadrlngentefimo trigefimo prhno, tertlo kalendas Mali 
anno primo. 

An. X.VJ. deAdiia. 
Reg" libro primo anni primi fellcis Recordaonis Eugex7T^ 
P. P. quarti Pontificatus, pagina 23, 



DISPENSATIO JoANNi Scot et Hawise Turnbulle, 
Diecefis Glafgiienfis, 

JO. DE CRIVELLIS. 
PUGENIUS EpifcopuR, Servus Servoium Dei. Venerabili Fratri Epif- Eugenius n 

copo Glafguen. Salutem et Apoftolicam Benedem. Oblate nobis nuper junu." " ' 
pro parte dilefti filii Joannis Scot Laid et dlledein Xpto filie HawiffeTurn- lAT.a. 
bulle mulieris tue diecefis petitionis feries continebat quod cum olim ipfi 
non igiiorantes fe tertio et tertio confanguinitatis gradibus fore conjunftos 
matrimonium inter fe per verba ligitime de prefenti licet de fado contraxiflent 
et prolem deinde invicem procreaffent divortii fententia inter eos auftori- 
tate tue ordinaria lata extitit ipfique Joannes et HawiiTa ab excommunica- 
tionis fententia quam propter contradtum ipfum incurrerant eadem auftoritate 
abfoluti fuerunt. Cum autem ficut eadem petitio fubjungebat ipfi ut pre- 
teritam infamiam abftergant et inter eorum parentes ac confanguineos et 
amicos charitas et amor roborentur et difta proles illegitimitatis nota non 
obfufcetur defiderent invicem matrimonialiter copulari defideriumque huoi 
adimplere uequeant difpenfatione fuper hoc Apoftolica non obtenta pro 
parte ipforum Joannis et Hawiffe nobis fuit humlr fupplicatum ut providers 
eis fuper hoc de opne difpnis gratia dignaremur. Nos igr ex premiffis et 
certis aliis caufis nobis expofitis huoi fupplicaonibus inclinati fraternitati tue 
per Aplica fcripta mandamus qnus (i eft ita dtaque Hawlffa propterjioc rapta 
non fuerit, cum eifdem Joanne et Hawifla ut impedimentis que ex huoi confan- 
guinitatis gradibus proveniunt nonobftantibus matrimonium inter fe libere con- 
irahere et in eo poftquam contraftum fuerit remanere licite valeant Apoflolica 
difpenfes. Prolem fufceptam antediftam et ex huoi matrimonio fufcipiendam 
legitimam decernendo. Datum Rome apudSanaumPetrum anno Incarnationis 

Dominice 



462 



SUPPLEMENT. 

Domlnice millefimo quadringentefimo trigefimo fecundo, feptimo kalendas 
Junii anno fecundo. 

M. XXIJ. de Adria. 
Reglflra libro nono anni fecundi Pontificatus fellcis Re- 
cordationis Euginii, PP. quarti, pag^ 98. 



DISPENSATIO Nobili Viro Georgio de Seton 
Militi, et Nobili Mulieri Margarite Stewart, 
Diecefis Candida Cafe et S. Andree. 

JA. LUJER. 

Etisreniusiv. "C" UGENIUS Epifcopus, Servus Servorum Dei. Veneli Fratri Epifcopo 
Hdus "janu- Candide Cafe Salutem et Aplicam Benediftionem. Oblate nobis nuper 

ai"' pro jiarte dilefli filii nobilis viri Georgii Seton Militis et nobilis mulieris- 

^43"' Margarite Stewart tue et Sanfti Andree diecefis petitionis feries continebat 
quod ipfi non ignorante fe duplici tertiogradu conlanguinitatis effe conjunftos 
matrimonium inter fe per verba de prefenti legme contraxerunt et carnali 
copula confumarunt. Cum autem ipfi obftante impedimento quod ex con- 
fanguinitatis gradu huoi provenit in diclo matrimonio remanere ncqueant 
difpenfaone Aplica fuper hoc non obtenta et fi divortium fierit inter ipfos 
gravia polTent inter eorum confanguineos amicos fcandala verifimiliter exoriri 
didaque Margarita diflamata perpetuo remaneret. Chiare pro parte Georgii 
et Margarite ptorum nobis fuit huinilr fuppltum ut eis fuper hoc de abfolu- 
tionis beneficio ab excommunicaonis fcntentia quam propterea incurrifle 
nofcuntur ac alias de oportune difpenfationis gratia providere de benignltate 
Aplica dignaremur. Nos igitur ex premiflis et aliis nobis expofitis caufis 
liuoi fupplnbus inclinati fraternitati tue de qua in iis et aliis fpecialem in 
Domino fiduciam obtinemus per Aplica fcripta comittimus et mandamus 
qiuis eofdem Georgium et Margaritam fi hoc humlliter^ petierint a fententia 
excommunicaonis huoi hac vice dumtaxat audte nra abfolvas in forma 
ecclefiffi confueta injunftis eis inter alia fub virtute juramenti per ipfos 
preftandi quod de cetero fimilia non comittent nee ea comittentibus 
preftabunt auxilium confilium vel favorem ac pro mode culpe peniten- 
tia falutari et aliis que de jure fuerint injungenda. Et demum fi tibi 
6 expediens 



SUPPLEMENT. 

cxpedlens videbitur quod huoi difpenfatio fiat ipfaque Margamha propter 
hoc rapta non fuerit cum eifdem Georgio et Margarita ipfis tamen prius ad 
tempus de quo tibi videbitur ad invicem feparatis ut iinpedimento huoi non 
obftante matrimonium inter fe de novo contrahere et in eo poftquatn con- 
tradtum fuerit remanere libere et licite valeant eadem auftoritate difpenfes. 
Prolem exinde fufcipiendam legitimam nunciando. Datum Bononie anno 
Incarnationis Dominice millefimo quadringentefuno trigefimo fexto, fexto idu5 
Januarii anno fexto. 

B. X. X.X. Valverius. 
Reg'^ libro quinto anni fexti Pontifiicatus felicis Recor^ 
dationis Eugenii, Pape quarti, pag' 121. 



4(^J 



DISPENSATIO Jacobo de Amylton, Militi, et 
JoNET^ Maxwelle DomiccUs, Diecefis Glafguen. 

JA. PETRI. 

P'UGENIUS Epifcopus, Servus Servorum Dei. Venerabili Fratrl Epif- Euganiue iv. 

copo Glafguen. Salutem et Apoftoilcam Benediftionem. Oblate p"ijie^kal, 
nobis nuper pro parte dilefti filij Jacobi de Amylton Militis et dllefte in Aug". 
Xpto filie Jonete Maxwelle Domicelle tue diecefis petitionis feries contine- *439* 
bat quod ipfi ad confervandum inter eorum parentes et amicos benevolen- 
tiam et amorem cupiunt invicem matriraonialiter copulari. Sed quia didlus 
Jacobus quamdam mulierem eidem Jonete in duplici tertio confanguinitatis 
gradu conjundam a£tu fornicario carnaliter cognovit^ hujwfmodi eorum 
defiderium adimplere non pofTunt difpenfatione Aplica de fuper non 
obtenta. Quare pro parte didorura Jacobi et Jonete nobis fuit humi- 
liter fupplicatum ut fuper hoc eis de oportune difpenfationis gratia pro- 
videre de benignitate Aplica dignaremur. Nos igitur ex premiffis et all's 
nobis expofitis caufis huoi fupplicationibus inclinati maternitati tue de qua 
in iis et aliis fpecialem in Domino liduciam obtinemuis per Aplica fcripta co. 
mittimus et mandamus quatenus fi eft ita diftaque Joneta propter hoc rapta 
non fuerit injunfla prius ipfi Jacobo occafione aftus premiffi penitentlas 
comp.etenti cum eifdem Jacobo et Joneta ut impedimento quod ex premiffig 
provenit non obftante matrimonium inter fe libere contrahere et in eo poil- 
^uam contraQum fuerit licite remanere valeant auftoritate Apoftolica dif^ 

pcnfes. 



464 



SUPPLEMENT. 

penfes. Prolem ex huoi matrlmonio fufclpiendam legitimam nunciando. 

Datum Florentie anno Incarnationis Dominice millefimo quadringentefimo 

trlgefimo nono Pridie kalendas Augufti anno nono. 

Ant : XX. de Adria. 

Reg'* libro primo anni noni Pontus felicis Recordationis 

EuGENij, Pape quart!, pagina 166. 



5kal. Martii. 



DISPENSATIO Nobili VIro Filio Jacobi de Amilton 
DE Cadzou Domicelli de Baronum, et Nobili Mulieri 
EupHEMiE Domicelle de Coming, Dunblanen. et 
Glafguen. Diecefis. 

B: DE FLORENTIA. 

Eugeniusiv. T^UGENIUS Epifcopus, Servns Servorum Dei. Venerablli Fratri Epifcopo 
Dunblanen. Salutem et Apoftolicam Benedem. Oblate nobis nuper pro 
parte dilefli filii nobilis viri Jacobi de Amilton de Cadzou Domicelli de Ba- 
ronum et dilefti in Xpto filie nobilis mulieris Euphemie Domicelle de Comitum 
Generibus procreatorum Glafguen. dioc. petitionis feries continebat quod 
ipfi de comuni ipforum parentum confanguineorum et amicorum voluntate 
et confenfu necnon pro fubditorum fuorum hinc inde conforendis firman- 
difque per amplius pacis et concordie nexibus et ex certis aliis rationabilibus 
caufis defiderant invicem matrimlr copulari. Cum autem ipfi Jacobus et 
Euphemia pro eo quod Jacobus ptus quamdam muHerem eidem Euphemie 
duplici fecundo confanguinitatis attinentem pluries adu fornican'o cognoverit 
necnon cum quadam alia muliere que etiam difte Euphemie in tripHci fecundo 
et fimplici tertio confanguinitatis gradibusex diverfis.lateribus provenientibus 
conjunfta eft fponfalia carnali tamen copula non fequuta contraxit huoi 
eorum defiderium adimplere nequeant difpenfatione fuper hoc Aplica non 
obtenta pro parte Jacobi afferentis quod dudum ipfe et dta alia mulier utri- 
ufque eorum ad id accedente confenfu a fponfalibus huoi per quamdam 
difEnitivam in partibus illis latam fententiam liberati et abfoluti fuere ac 
Euphemie prediftorum nobis fuit humlr fupplicatum ut eifdem Jacobo et 
Euphemie de opne difpenfationis gratia ac alias fuper hiis providere de be- 
nignitate Aplca dignaremur. Nos igr qui pacem et falutem fingulorum 
querjmus ex premiffis et aliis nobis expofitis caufis huoi fupplicaonibus 

inclinati 



SUPPLEMENT 

ihclinad fraternitati tue cum venlis frater nofter Joannes Epus Glafguen. 
cui in hoc cafu fcribendum eflet ad prefens a fua diece fi Glafguen. abfens 
exit per Aplica fcripta committimus et mandamus qnus fi eft ita diftaque 
Euphemia propter hoe rapta non fuerit cum eifdem Jacobo et Euphemia 
prius tamen difto Jacobo pro inceftu et exceihbus huoi equa et congrua de 
qua tibi videbitur penitentia impofita ut impedimentis que ex pmfils proveniunt 
non obftantibus matrium inter fe libere contrahere et in eo poftquam con- 
traftum fuerit remanere Hcite valeant Aplica auftorltate difpenfes. Prolem 
ex huoi matrimonio fufcipiendam legitimam nunciando. Datum Florentise 
anno Incarnationis Dominica millefmio quadringentefimo quadragefimo 
quinto kalendas Martii anno decimo, 

B. XXXVI. Valverius. 
Regiflrata libro nono anni decimi Pontificatus fclicis 
Record. Eugenii, P. P. quarti, pa. 206, 



465. 



DISPENSATIO Nobili Viro Jacobo Douglas Domi^ 
cello, et Nobili Mulieri Elisabeth Stewart Domi- 
celle, Diecefis S, Andree. 

C. DE ELTEN. 

'C'UGENIUS Epifcopus, Servus Servorum Dei. Venerabili Fratii Epifcopo Eugcun jv 

Sandi Andree Salutem et Apoftolicam Benedem. Oblate nobis nuper ^"Xis""* 
pro parte dilefti filii nobilis viri Jacobi Douglas Domicelli et dilefte in XpTo O"-'^"'"'''- 
filie nobilis mulieris Elifabeth Stewart Domicelle tue diecefis petitionis feries Ml • - 
continebat quod ipfi pro continuandis pacis et amicitie, nexibus que iucer 
eorum parentes confanguineos et affines retroaftis temporibus viguerunt in- 
vicem matrimonialiter copulari defiderant. Sed quia Jacobus tertio et EliJabeth 
prefati fecundo confanguinitatis gradibus invictm fe attiugimt huoi eorum 
defiderium adimplers nequeant difpenfatione fuper hoc Apoftolica non obtenta. 
Ouare pro parte ipforum Jacobi et Elifabeth nobis fuit humlr fuppllcatimi ut 
eis fuper hoc de opne difpenfationis gratia providere de benignitate Apoltolica 
dignaremur. Nos igitur qui Xpti fidelibus pacis comuioda libeuter procuramus 
ex premiffis et certis aliis nobis expofitis caufis auoi fupplicationibus inclinati 
fraternitati tue de qua in hiis et aliis fpecialem in Domino fiduciam obtuieuius 
3 o pa- 



466 



SUPPLERJENT. 

per Apoftolica fcripta committimas et mandamus qnus fi eft ita diftaquc 
Ellfabeth propter hoc rapta non tuerit cum elfdem Jacobo et Elifabeth ut 
impedimento quod ex confanguinitate huoi provenit nonobftante matrimoniura 
imer fe contrahere et in eo poftquam contradum fuerit remanere libere et 
licite valeant audoritate Apoftolica difpenfes. Prolem ex huoi matrimonio 
fufcipiendam legitimam nunciando. Datum Florentie anno Incarnationis 
Dominice miilefuiio quadriiigentefimo quadragefimo, quarto idus Odobrig 
anno decimo. 

An. XX. de Adria. 
Regiftrata libro tertio anni decimi Pontificatus felicis Recori 
EuGF.Niij P. P. quarti, pag^ 255. 



DISPENSATIO Nobili Viro jAcobo Stewart Domi- 
cello et Nobili Mulieri Elizabeth Boyd Donlicellej 
Diecefis Sodorenfis et Glafguenfis. 

FRANCONIUS. 

Kugenius IV. l^UGENIUS Epifcopus, Servus ServorumDei. Venerabili Fratri Epifcopo 
""kVp'b" Glafguen. Salutem et Apcam Benedidionera. Oblate nobis nuper 

14.4.2 ' ^^° parte diledi filii Jacobi Stewart Domicelli et dilede in Xpto filie nobilis 
mulieris Elifabeth Boyd domicelle Sodoren. et tue diecefis petitionis feries 
continebat quod ipfi qui iecundo et quarto confanguinitatis gradibus invicem 
conjundi funt ut inter eorum parentes affines et amicos pax concordiaque 
ferventur et ex certis rationabilibus caufis defiderant invicem matrimonia, 
liter copularL Cum autem ipfi obfiftente quod ex dida confanguinitate 
provenit impedimento defiderium eorum adimplere nequeant difpenfatione 
fuper hoc Apoftolica non obtenta. Pro parte ipforum Jacobi et Elifabeth 
nobis fuit humr fupplicatum ut eis fuper hiis de oportune difpenfationis 
gratia providere de benignicate Apca dignaremur. Nos igitur hujufmodi 
fupplicationibus inclinati fraternitati tue de qua in hiis et aliis fpecialem in 
Domino fiduciam obtinemus per Apca fcripta comittimus et mandamus qua- 
tenus fi eft ita didaque Elizabeth propter hoc rapta non fuerit cum Jacobo 
et Elifabeth predidis ut impedimento hujufmodi nonobftante matrimonium 
inter fe libere contrahere et in eo poftquam contradum fuerit remanere licite 

valeant 



S U P P L E M EN T. 467 

■valeant auftorltate Apoftolica difpenfes. Prolem ex ipfo matrimonio fuf- 
tcipendam legitrimam nunciando. Datum Florentie anno Incarnatlonis Do- 
minice millefimo quadringentefuno quadragefirao fecundo tertio kalendas 
IFebruarii anno duodecimo. 

M. XXXVJ. de Adria. 
Reg'' libro primo araii XIJ. fel. Rec. Euoenii, Pape 
quarti Pontus, pagina 47. 



DISPENSATIO Nobili Viro Willelmo Comiti de 
Douglas et Nobili Mulieri Margarithe de Douglas 
Domicelle Diecefis Glafgudnfis. 

JO. DE TOSILON. 

T^UGENIUS Epifcopus, Servus Servorum Dei. Venerabili Fratri Epif- Eugenius i\ 

■^ copo Glafguen. Salutem et Apoftolicam Benedem. Oblate nobis pro ^"|^'°, X. 
parte diledi filii nobilis viri Wiliielmi Comitis de Duglas et dilet^te in Xpto guit;. 
filie nobilis mulieris Margarithe de Duglas Domicelle tue diecefis petitionis '''^'^4' 
feries contincbat quod ipfi qui ut afferunt de majorura nobilium et baronum 
regni Scotie procreati exiflunt ut inter eorum parentes et affines ac amicos 
pads et amicitie federa ferventur defiderant invicem matrimonialiter copulari. 
Sed quia fecundo et tertio confanguinitatis gradibus infmiul funt conjundli 
huoi eorum defiderium adimplere nequeunt difpenfatione Apoftolica fuper hoc 
non obtenta. Quare pro parte Wilhelmi et Margarithe ptorum nobis fuit 
humiliter fupplicatum ut eis fuper hoc de opne difpenfationis gratia providere 
de benignitate Apoftolica dignaremur. Nos igitur qui inter iideles libentur 
pacis et amicitie commoda vigere cupimus ex premifTis et certis aliis nobis 
expofitis caufis huoi fupplicationibus inclinati fratern itati tue de qua in hiis 
et aliis fpecialem in Domino fiduciam obtinemus per Aplica fcripta comittimus 
et mandamus qiius" fi eft ita didaque Margaritha propter hoc rapta non fuerit 
•cum eifdem Wilhelmo et Margaritha ut irnpedimento quod ex confanguinitaie 
huoi provenit nonobftante matrimonium inter fe contrahere illudque in facie 
ecclefie iuxta morem folemnizare et in eo poftquam contradum et folemni- 
zatum fuei-it ut prefertur remanere libere et licite valeant auftoritate Apofto- 
Jica difpenfes. Prolem ex huoi matrimonio fufcipiendam legitimam nunciando. 



9 



Datura 



46 B 



SUPPLEMENT. 

Datum Rome apud Sanftum Petrum anno Incarnationis Domlnice mIUefimx> 
quadringentefimo quadragefimo quarto, none kalendas Augufli anno quarto 
decimo. 

An. XXX. de Adria. 
Reglftra libro feptimo anni quarti decimi Pontificatus felici*. 
Record. Eugenii, P. P. quarti, pag^ 236. 



The preceding are all the Dlfpenfations of which I received au- 
thenticated Copies from the Office of the Dataria j for having found 
that the charges of fearching for and obtaining Official Copies of 
Papers in that Office were pretty confiderable, and the Dlfpenfations 
being of no other ufc to mc than that of gratifying curiofity, I 
confidered the nineteen thus obtained as fufficient for that purpofe. 

It may be neceflary to obferve, that the Dlfpenfations both 
» from the Vatican and from the Dataria^ are printed literally accord*- 
ing to the Official Copies of them, without any alteration or cor- 
redion of the orthography, which in fome inllances appears to be 
inaccurate ; as alfo that all thofe from the Dataria were authear- 
ticated in the fame manner as the firft here printed. 



THE END, 



cs V^-f '-^