32 THE SCOTS PEERAGE Edinburgh : Printed by T. and A. CONSTABLE FOR DAVID DOUGLAS LONDON . . . SIMPKIN, MARSHALL, HAMILTON, KENT AND CO., LIMITED CAMBRIDGE . . MACMILLAN AND BOWES GLASGOW . . JAMES MACLEHOSE AND SONS SCO"S, ^ FOUNDED, ON WOOD S EITION OF SIR ROBERT peerage of CONTAINING AN HISTORICAL AND OF THE NOBILITY OP THAT KINDOM . ' - '• EDITED BY SIR JAMES BALFOUR PAUL LORD LYON KING OF ARMS WITH A:&MOJ!IAL ILHISTR^'TICiNS ' • 7 JL VOLUME JI - EDINBURGH : DAVID .DOUGLAS . 1905 All riglits reserved cs fit P35 V.1 CONTENTS AND LIST OF ILLUSTRATIONS PAGE BANFF, OGILVY, LORD, . V f, . ,, . "V. • , • W * With full-page Illustration. BARGANY, HAMILTON, LORD, . j / ;.,',; \ . > "Jri ><<•# £#! 27 BARRET OF NEWBURGH, BARRET, LORD .... 34 BELH A YEN, DOUGLAS, VISCOUNT, . r * : ' ; >'• ; * } : ' £ -T^ 1' l 36 BELHAVEN, HAMILTON, LORD, f&ffi tMTWXtil . '^^ 33 With full-page Illustration. BELLENDEN OF BROUGHTON, BELLENDEN, LORD, :. Aviv i 61 With full-page Illustration. BLANTYRE, STEWART, LORD, * :-Uw) , .; ^^1^ '•'.. .:\ .ji ' 77 With full-page Illustration. BORTHWICK, BORTHWICK, LORD, .^ , if _. : ,. 94 With full-page Illustration. BOTH WELL, MORAY, LORD OF, . ' . /' */ '.*' ." 120 BOTHWELL, RAMSAY, LORD, . ' . ' I'l". ' f T' • 132 BOTHWELL, HEPBURN, EARL OF, AND DUKE OF ORKNEY, . . , ,. ' . V .,'... . . 135 BOTHWELL, STEWART, EARL OF, , ?( . " ? > «-ri:-« 168 BREADALBANE, CAMPBELL, EARL AND MARQUESS OF, 174 With full-page Illustration. BRECHIN, BRECHIN, LORD OF, . . '. • ' * 215 BUCCLEUCH, SCOTT, DUKE OF, . '•'." "' .'* ' '. . . 225 With full-page Illustration. BUCHAN, COMYN, EARL OF, . -^J J ,/(*•-:<«•!>• rfH^ ^''JAv 250 BUCHAN, STEWART, EARL OF, > : v • • U ' /'Vfi:iV>{T'' ^'v'/V.V 421 CARRICK, BRUCE, EARL OF, . ' . ' . '!' . . . 428 CARRICK, STEWART, EARL OF, . ' • ' • '.'^ * '• ' 438 CARRICK, STEWART, EARL OF, . . . , fvrff. 44° CASSILLIS, KENNEDY, EARL OF, . . . , . f f. 443 With full-page Illustration. CATHCART, CATHCART, EARL, . ./:' Jf." . . . 503 With full-page Illustration. CHURCHILL OF EYEMOUTH, CHURCHILL, LORD, . ' * '( 532 COLVILLE OF CULROSS, COLVILLE, LORD, . V T V 535 With full -page Illustration. COLVILL OF OCHILTREE, COLVILL, LORD, ' .' / . 569 COUP AR, ELPHINSTONE, LORD, v,n. . .v,M> ,• , H • ' • • 576 CRAMOND, RICHARDSON, LORD, . 578 CRANSTOUN, CRANSTOUN, LORD, .i ,!.;!.?. ?! ,U^/,V;>IT*> .XX, 585 LIST OF CONTRIBUTORS TO VOL. II. J. A., . . . REV. JOHN ANDERSON, Assistant Curator His- torical Department, H.M. General Register House. R. E. B., . . . COLONEL THE HON. ROBERT BOYLE. C., . . . . THE RIGHT HON. THE EARL OF CASSILLIS. A. O. C., . . . ALEXANDER O. CURLE, W.S. J. C., . . . REV. JAMES CAMPBELL, D.D. J. B. C., . . . REV. J. B. CRAVEN. W. B. C., . . WILLIAM B. COOK. • % H. H. D., . . THE HON. HEW H. DALRYMPLE. W. K. D., . . WILLIAM K. DICKSON. A. T. G., . . . REV. ALEXANDER T. GRANT. F. J. G FRANCIS J. GRANT, Rothesay Herald. H. W. F. H., . . H. W. FORSYTH HARWOOD, Editor of The Genealogist. J. M., . . . JOHN MILNE, LL.D. J. R. N. M., . . J. R. N. MACPHAIL. J. MAcG., . . JOHN MACGREGOR, W.S. W. M., . . . WILLIAM MACMATH. J. B. P., . . . SIR JAMES BALFOUR PAUL, Lyon King-of-Arms. N. J. K. C. P., . N. J. KENNEDY COCHRAN-PATRICK. A. R., . . . ANDREW Ross, Ross Herald. A. F. S., . . . A. FRANCIS STEUART. J. H. S., . . . JOHN H. STEVENSON, Unicorn Pursuivant. W. W., . . . THE HON. WILLIAM WATSON. [The Editor has to acknowledge much valuable assistance given by the Hon. Vicary Gibbs, who has kindly read all the proofs of this volume.] 38anff OGILVY, LORD BANFF IB WALTER OGILVY of Auchlevyn and Desk- ford, Sheriff of Banff, third son of Sir Walter Ogilvy ol Lintrathen (see vol. i., p. 112), had, by his wife Margaret Sinclair, heiress of Deskford and Findlater, with other issue : — 1. Sir James of Desk- ford, ancestor of the Earls of Find- later. (See that title.) 2. SIB WALTER, an- cestor of the Lords Banff. SIR WALTER OGILVY of Auchlevyn and Boyne, the second son. On 27 July 1472 Walter of Auchlevyn is described by George, Earl of Huntly, as his * kinsman and squire.' To a letter of that date by the Earl, appointing Sir Alexander Home of that Ilk his bailie over the lands of Fogo in Berwickshire, he appends his kinsman Walter's seal.1 In Walter's accounts for the burgh of Banff from 20 June 1472 onwards, an annual payment of £4 is made to him out of the customs of the burgh, as bailie for 'Jonete, Lady Edmondistoune,' otherwise described as 4 Jonet of Edmonstoun of Tulyalone,' 2 and in the accounts for 1485-86 he is designed as ' Jonet's ' spouse.3 The lady's 1 Twelfth Rep. Hist. MSS. Com., App. viii. 138. 324, 475, 557, 635 ; ix. 160. 3 Ibid., 458. VOL. II. 2 Exch. Rolls, viii. 204, 2 OGILVY, LORD BANFF real name was Margaret, and she was one of the two heiresses of Sir James Bdmondstone of that Ilk. On 23 February 1485-86, by an agreement between Elizabeth Edmondstoun the other heiress of Sir James, and her husband Patrick Blacatir, on the one part, and Margaret and Walter on the other, the latter received the lands of Boyne in Banffshire, and the above annual of £4 in exchange for their share of the lands of Tuliallan in the stewartry of Strathearn,1 and from that date Walter is designed indifferently as of Auchlevyn, or of Boyne. In 1486 King James in. appointed him his body squire,2 and after the battle of Sauchieburn (11 June 1488) he filled a similar post in the household of King James iv., and became one of that monarch's most trusty friends and advisers.3 On 3 February 1489 he was elected one of the lords auditors,4 and on 5 May 1491, one of the five lords of causes on behalf of the barons of Scotland.5 In 1486 he acquired the lands of Baldavy from the Crown ; in 1492,6 Auchannochquhy from Huntly;7 in 1494, Regale from the Abbey of Arbroath,8 and in 1497 Inchdrewir and Kilbirny from the Grown,9 all these lands being situated in the county of Banff. In October 1494 he was appointed Sheriff of Inverness,10 in 1499 Chamberlain of Petty, Brauchly, and Stratherne,11 in 1500 Chamberlain of Moray,12 from 1502 onwards he was keeper of the Castle of Inverness,13 and in 1505 he was Sheriff of Banff.1* He was knighted between 4 July 1503 and 8 July 1504,15 and was still alive on 20 April 1507, when his liferent in Baldavy is reserved.16 He died prior to 7 August 1508." 1 Reg. Mag. Sig. , 3 March 1485-86. 2 Ibid. , 21 April 1486. 3 Ibid. , 3 Decem- ber 1495. 4 Acta Parl. Scot., ii. 220 ; Ada Dom. Cone., 137. 6 Acta Parl. Scot., ii. 224, 229. 6 Beg. Mag. Sig., 21 April 1486. 7 Ibid., confirmed 3 December 1495. 8 Reg. Nig. de Aberbrothoc, 287. 9 Reg. Mag. Sig., 25 May 1497. 10 Exch. Rolls, xi. 315*. n Ibid., 352. Petty is on the southern shore of the Moray Firth, about six miles from Inverness ; Brauchly is in the parish of Cawdor ; Stratherne is the valley of the Findhorn. 12 Ibid., 348. 13 Ibid., 315*. ™ Antiq. of Aberdeen and Banff , Hi. 580. ™ Exch. Rolls, xii. 127, 217; Twelfth Rep. Hist. MSS. Com., App.viii. 136 ; Records of King's College, Aberdeen, 49. The editors of the Spalding Club Miscellany appear to assign too early a date to the charter they cite (iii. 472) and to which Sir Walter Ogilvy of Boyne, knight, is a witness. 16 Reg. Mag. Sig. , 20 April 1507. 17 Ibid. , 28 November 1508. OGILVY, LORD BANFF 3 By his wife Margaret Edmondstone lie had at least seven children : — 1. GEORGE, ancestor of Boyne. 2. Sir William of Stratherne, Lord High Treasurer of Scotland. On 20 January 1506, King James iv., who designs William *familiaris suns,' granted him the lands of Gowny.1 On 20 April 1507 he had a Grown confirmation of Baldavy and Kilbirnie reserving his father's lifer ent.2 On 19 June 1507 he and his wife Alison Boull received a grant of the barony of Stratherne in the sheriffdom of Inverness,3 the reason assigned by tradition for the gift being that Alison was the first to make known to the King the birth of a son by his wife Margaret Tudor.4 On 10 Sep- tember following he had a Grown grant of Kynstaris in the sheriffdom of Nairn,5 which he afterwards sold; on 3 January 1507-8 the barony of Baldavy;6 and on 16 November thereafter a renewed grant of Baldavy was made to himself and his wife, who is designed in the charter ' servitrix regine.' 7 In 1510 he acquired Bogmochil, in the sheriffdom of Banff, from the Grown,8 at which date he is first designed miles ; and in 1512 from William, Earl Marischal, who speaks of him as his kinsman, Burn, Auchmullie, and Runtreiche in the sheriffdom of Banff.9 In 1503 the lands of Geddes, held ward from the Grown, were in possession of George, William's elder brother, and ancestor of Boyne, who disponed them to William.10 The latter also was Grown tenant of Oonniche, in the lordship of Petty 1502-8.11 On 7 March 1512-13 the King, for services freely rendered to him, not only within the kingdom, but also on repeated journeys on special services and business in the kingdoms of France and England, regranted him the barony of Stratherne, and various other lands and rights in the sheriffdom 1 Reg. Mag. Sig. , 20 January 1505-6. 2 Ibid. 3 Ibid. , 19 June 1507. 4 Macf ar- lane's Gen. Coll., i. 204. See also Treasurer's Accounts, iii., Preface, xxxi. 6 Reg. Mag. Sig., 10 September 1507. 6 Ibid. 7 Ibid. 8 Ibid., 22 October 1510. 9 Ibid., 6 March 1511-12. 10 Ibid., 17 March 1610 ; Cawdor Charters quoted in Laing's Supplemental Catalogue, No. 795. See also Family of Rose, 177, where George is designed ' of Geddes.' The Mackintoshes and Clan Chattan (New Edition), 110-11. " Exch. Rolls, xii. 166. 4 OGILVY, LORD BANFF of Inverness, including the tower of Hawhill, erected by Sir William.1 On 8 July 1504 he rendered his father's accounts for Petty and Brauchly for the year preceding. In 1507 he was chamberlain of Montblairy and other lands in ward of the King in the sheriff doms of Banff and Aberdeen by the decease of the Earl of Buchan. In 1509 chamberlain of Petty and Brauchly, in 1510 customer of Banff, and in 1512 chamberlain of Moray.2 He was one of the parties to the agreement with the Queen-mother, Margaret Tudor, dated 26 August 1514, under which John, Duke of Albany, was invited to Scotland as governor of the kingdom,3 and on 18 September following was one of the Lords of Council who decreed that the Queen, in virtue of her marriage with the Earl of Angus, had tynt the office of tutrix to the young King.4 In 1512 he was tutor to Walter Ogilvy, heir of Boyne, son of his elder brother George.5 On 3 January 1515-16 he was appointed Lord High Treasurer by John, Duke of Albany, governor of the kingdom,6 and held the appointment until his death, which must have occurred prior to 17 January 1516-17, on which date he is described as deceased, and his accounts are given up in his name by Mr. James Ourrour.7 His wife Alison Boull, who is first men- tioned in the Lord High Treasurer's Accounts under date January 1505-6 as the recipient of a golden neck- lace from the King,8 predeceased him.9 They had an only child — (1) John, designed variously of Stratherne, of Durne, of Car- nowseis, and of Sanquhar. In 1517 he, with his uncle and tutor, the Abbot of Dryburgh, obtained a decreet of spuilzie against the Mackintoshes for the destruction of Halhill and wasting of Petty, which had taken place during his father's lifetime.10 In 1531 he excambed Petty, Brauchly, and 1 Reg. Mag. Sig. 2 Exch. Rolls, xii. 217, 433 ; xiii. 332, 520; xiv. 98. 3 Ada Dom. Cone., xxvi. 109. * Ibid., 114, 117. 5 Antiq. of Aberdeen and Banff, iv. 95; see Exch. Rolls, xiv., where "Walter's name incessantly and incorrectly appears as 'Alexander.' He is correctly named 'Walter' in xv. 13 onwards. 6 Lord High Treasurer's Accounts, v. 58. He is so designed, 6 February 1516, in Reg. Mag. &ig. 7 Ibid., v. 89. 8 Lord High Treasurer's Accounts, ii. 177. 9 Reg. Mag. Sig., 15 Sept. 1516. 10 Spalding Club Miscellany, ii. 77. OGILVY, LORD BANFF 5 Stratherne with his uncle Walter for Carnowseis, and in 1532 he excambed Mekill Geddes and Rait with Sir John Campbell of Calder, for Moy.1 He sold Carnowseis in 1536 to his uncle Walter,2 and his barony of Baldavy in 1545 to Sir Walter Ogilvy of Boyne.3 He was killed at the battle of Pinkiecleugh, 10 September 1547. 4 By his wife Elizabeth Dunbar, daughter of Sir James Dunbar of Cumnock,6 who survived him,6 he left four children :— i. Alexander, who on 18 February 1555, with consent of his curator Thomas Menzies of Pitfoddells, Provost of Aberdeen, disponed his superiority of Geddes and Rait to Mr. John Campbell, prior of Ardchattane.7 He died a. p. 1555.8 ii. Margaret. On 24 December 1558, as elder heir-female of her brother-german Alexander, she had a precept of dare constat from William, Bishop of Aberdeen, of the Kirkton of Fordyce and other lands.9 Before 23 June 1563 she was married to Mr. Thomas Menzies of Durne, otherwise of Kirkhill and Pitfoddells, Provost of Aberdeen, immediate younger brother of Gilbert of Pitfoddells, Provost of Aberdeen,10 and had issue :— (i) Thomas, retoured his mother's heir 1 June 1586. u He married Elizabeth, daughter of Sir George Ogilvy of Dunlugus. See infra. (ii) Sir Paul of Kinmundy.12 (iii) Marjorie™ and (iv) Mariota.1* iii. Marjorie, married to Alexander Keith in Redhych ; contract of marriage dated 20 October 1564.15 Alexander Keith died 29 March 1575. 16 They had issue :— (i) Alexander.17 (ii) Gideon, portioner of Durne.18 (iii) Christian.19 (iv) Margaret.20 iv. Elspet, married Patrick Dunbar of Sanchar.21 They had an only son Walter, burgess of Banff,22 who on 15 May 1606 was served heir-portioner of Sir William Ogilvy of Stratherne, Knight, his great-grandfather, in one- third of the mill of Baldavy.23 3. Mr. James, Oommendator of Dryburgh. This active and distinguished ecclesiastic graduated at Aberdeen. 1 Reg. Mag. Sig., 28 April, 1 May 1531 ; Thanes of Cawdor, 154, 155. 2 Reg. Mag. Sig. , 3 June 1536. 3 Ibid. , 24 April 1545. 4 Thanes of Cawdor, 174. 6 Reg. Mag. Sig., 23 June 1553; Shaw's Province of Moray, ii. 318, where the marriage is given on the authority of the Westfield Papers. 6 Reg. Mag. Sig., 23 June 1553. 7 Thanes of Cawdor, 174. 8 Cal. of Deeds, H. M. Gen. Reg. Ho. 1768. 9 Original in Reg. Ho. No. 1768. 10 Reg. Mag. Sig., 12 May 1587. 1J General Retours, No. 8363 ; cf. Banff Retours, No. 21. 12 Antiq. of Aberdeen and Banff, i. 33. 13 Reg. Mag. Sig., 29 April 1592. 14 Ibid., 12 May 1587. 15 Reg. of Deeds, viii. 272. 16 Edin. Com., 2 January 1577. 17 Ibid. 18 Reg. Mag. Sig., 20 September 1594. 19 Edin. Test., 2 January 1577-78. » Ibid. 21 Reg. of Deeds, xi. 479. 22 Part. Reg. of Sasines, Banff shire, 16 July 1604. 23 Banff Retours, No. 22. 6 OGILVY, LORD BANFF Along with Monsieur de la Bastie, he was appointed, on 26 November 1513, Ambassador to Louis xn. of France, to confirm the ancient league with that kingdom, and to invite the Duke of Albany to Scot- land as governor.1 In the beginning of April 1514 he was acting as Master of Bequests to the young King.2 On 6 July in that year he is designed Rector of Kyn- kell,3 and from the frequent appearance of his name as witness to Grown charters, it is evident he was a close attendant at Court for a considerable period. On the death of Bishop Elphinstone of Aberdeen, 25 October 1514, Mr. James, then in France, was nomi- nated to the vacant see by John, Duke of Albany,4 but the benefice was conferred on Alexander Gordon, third son of James Gordon of Methlic and Haddo. (See title Aberdeen.) The earliest reference observed to him as Abbot of Dryburgh is on 24 September 1515.5 In a mortification dated 15 July 1516, by Sir William Ogilvy of Stratherne, he is designed Abbot of Dryburgh, and brother of Sir William.6 He succeeded his elder brother Sir William as tutor to their nephew Walter, the young heir of Boyne,7 and later filled the same office to Sir William's son and heir, John.8 He died at Paris 30 May 1518, and was interred in the church of St. Landrus in that city.9 4. SIR WALTER. 5. John, rendered the accounts of his father Sir Walter for the Ohamberlainship of Petty and Brauchly at Edinburgh, 12 August 1503.10 In 1505 he became Grown tenant of Oloanemore and Oallouchquhy, in the lordship of Petty.11 These lands, on 19 June 1507, were granted to Mr. William Ogilvy of Geddes and Alison Roull, his wife, and incorporated in the barony of Stratherne.12 As Chamberlain he rendered 1 Acta Parl. Scot., ii. 281, 282. 2 Reg. Mag. Sig., 2 April 1514. 3 Ibid., 6 July 1514. 4 Keith's Catalogue. 6 Treas. Ace., v. 40. 6 Reg. Mag. Sig., 15 September 1516. 7 Antiq. of Aberdeen and Banff, iv. 95 ; Exch. Rolls, xiv. 341. In the Antiquities cited, Walter of Boyne is designed ' nobilis puer nepos et hseres ' of Sir Walter of Auchlevyn. In the Frasers of Philorth, ii. 142, ' nepos ' is incautiously translated ' nephew ' instead of 'grandson.' 8 Spalding Club Miscellany, ii. 77-80. 9 Reg. Epis. Aber., ii. 207 ; Antiq. of Aberdeen and Banff, i. 572. 10 Exch. Rolls, xii. 58. 11 Ibid., 667-8. 12 Reg. Mag. Sig. , 19 June 1507. OGILVY, LORD BANFF 7 the account of Petty and Brauchly up to July 1509,1 in which year he was succeeded by his elder brother William in that office.2 He is not called in any of the settlements made by his brothers or cousins. 6. Jonet, married to William Gordon of Schivas, third son of George, second Earl of Huntly.3 They had a son, George Gordon of Gight, ancestor of Lord Byron. Jonet had a lease from the Abbey of Arbroath of certain teinds in the parishes of Tarves and Fyvie, 7 October 1526.4 7. Elizabeth, married to William Leslie of Balquhain.5 They had a charter of Syd, with the mill, 7 April 1514.6 She died in September 1518, leaving, with other issue, a son John, who succeeded to Balquhain.7 SIR WALTER OGILVY of Dunlugus. In 1517 Walter suc- ceeded his brother James, Abbot of Dryburgh, as tutor to their nephew John, son and heir of Sir William, the Lord High Treasurer, when he is designed 'of Baddy nspink. ' 8 In 1524, as ' magister stabuli domini regis et principalis dapifer,' he received an annual fee of 20 merks.9 From 1518 to 1525 he was tutor to Walter Ogilvy of Boyne, heir of his eldest brother George.10 He rendered the accounts of the bailies of Banff from 1518 onwards, and in the account of 1525-26 he is designed ' of Monycabock.' u His acquisi- tions of land were extremely numerous, and may be traced up to 1556 in the Register of the Great Seal. In 1538 his acquisitions to that date were incorporated in a barony called the barony of Dunlugus.12 He added other lands later. The date of his knighthood may be inferred from the entries in the Exchequer Rolls. Under date 26 July 1533, he renders his accounts as customar of Banff, as 'Walter Ogilvy of Stratherne,' 13 on 19 August 1534, as 'Sir Walter Ogilvy of Dunlugus, knight/ 14 His last account as custo- mar of Banff was rendered at Edinburgh 9 February 1557. 15 1 Exch. Rolls, xiii. 210. 2 Ibid., 332. 3 The Records of Aboyne, 54, 412. * Reg. Nig. de Aberbrothoc, 457. 6 Reg. Mag. Sig., 20 January 1505-6; Hist. Rec. of the Family of Leslie, iii. 25. 6 Reg. Mag. Sig. 7 Hist. Rec. of the Family of Leslie, iii. 25. 8 Exch. Rolls, xv. 30. 9 Ibid., 94. 10 Ibid., 73, 192, 371. n Ibid., 73, 191, 274, 362, 444, 513. 12 Reg. Mag. Sig., 13 December 1538. 13 Exch. Rolls, xvi. 235. 14 Ibid., 357. 16 Ibid., xix. 6. 8 OGILVY, LORD BANFF He was succeeded in that office by his son George.1 Called as a substitute in the Findlater entails.2 He maintained his post at the Court for many years.3 In 1543, when repre- senting the town of Banff in Parliament, he was elected one of the Lords of the Articles.4 In that year he signed Cardinal Beaton's bond against the English party,5 and was nominated one of the ambassadors to Henry vin.6 In 1546 he was a member of the Privy Council.7 He was provost of the burgh of Banff at least as early as 1541,8 and with the exception of the year 1549, when it was held by his relative Sir Walter Ogilvy of Boyne, appears to have held that office until his death on 29 November 1558.9 His wife was Alison Home, the second of the three daughters and co-heiresses of Cuthbert Home of Fast- castle, and his wife Elizabeth Mairtene,10 Cuthbert being the son of Sir Patrick Home of Fastcastle, second son of Alexander, first Lord Home.11 Alison's name first appears in her husband's charters in 1534,12 when her eldest son George is mentioned. She died 25 July 1557. 13 Their children were : — 1. SIR GEORGE. 2. Walter, who received in 1549 a grant of Carnowseis on his father and mother's resignation,14 and in 1556 from the same source Blacklaw and Crannochie.15 He sold Carnowseis to his elder brother George in 1582.16 He married (contract dated 22 September 1578) Helen, daughter of James Stewart, Lord Inner- meath,17 and died before 31 July 1583. He was sur- vived by two daughters, Margaret and Helen.18 1 Exch. Rolls, xix. 195. 2 Reg. Mag. Sig., 28 September 1545 ; 8 June 1546. 3 Ibid., 18 June 1539. 4 Acta Parl. Scot., ii. 427. 6 The Hamilton Papers, i. 631. 6 Ibidfy ii. 249, 415. ? P, C. Reg., i. 57. 8 Annals of Banff , ii. 267. 9 Inscription on Tomb in Banff quoted in old Statistical Account. The statement in the Annals of Banff (ii. 248), that in 1551, 'George' of Dun- lugus was Provost of Banff, seems to be an error for ' Walter.' See Antiq. of Aberdeen and Banff, i. 29 ; ii. 5, 111, 381. 10 Reg. Mag. Sig., 16 August 1582 ; Pitcairn's Criminal Trials, i. 179*. n Acta Dom. Cone, et Sess. , ii. 85. In Fraser's Memorials of the Montgomeries (i. 34), Alison is asserted to be the daughter of Sir Patrick Home of Fastcastle, and again in the Mel- villes, Earls of Melville, where the author does not hesitate to marry Elizabeth Martin to her father-in-law. Twelfth Report Hist. MSS. Com., App. viii. 97. 12 Reg. Mag. Sig., 15 February 1534-35. 13 Inscription on Tomb at Banff above quoted. 14 Reg. Mag. Sig., 28 October 1549. 15 Ibid., 24 February 1556-57. 16 Ibid., 11 July 1583. 17 Reg. of Deeds, xxxiii. 282. 18 Ibid., xxi. 397. OGILVY, LORD BANFF 9 3. JoTw, who with his brother Thomas wrote to their brother George from Louvain, 10 August 1571, that they were not willing to return home for sundry causes; that Lord Seton invited them to return with him, and offered them other kindnesses for which they desired he might be thanked.1 On 28 March 1574 James Adamsoun, burgess of Edinburgh, is cautioner for Mr. John Ogilvy, parson of Oruden, now remaining in Louvain, to compeir within the realm before the Regent and Privy Council ' to underly sic ordour and directioun as salbe gevin to him concerning his pro- fession of religioun.'2 In 1589 he is still designed parson of Cruden,3 and he was alive on 17 March 1606/ 4. Thomas. (See note under John.) 5. James, married Agnes Gordon, and died before 1589. Agnes Gordon's other husband was John Gordon of Buckie.5 6. Magdalen, married, circa 1559, to Alexander Fraser of Philorth, and had, with other issue, Alexander Fraser, ninth of Philorth.6 (See title Saltoun.) 7. Marie, married to William Abernethie of Birnes, brother-german to Alexander, Lord Saltoun (marriage- contract dated 11 January 1564).7 They had an only daughter, Elizabeth or Elspeth, who was married to her cousin-german, James Ogilvy.8 (See p. 13.) 8. A daughter, married to Alexander Gordon of Oluny, who was succeeded by his brother John in 1569. They had a daughter, Janet, married to James Gordon of Birkenburn.9 Sir Walter had six natural children : — 1. George, to whom the fee of Alweth and Innerichney was destined in 1539.10 He appears to have had a son Mr. Thomas, who is mentioned 8 February 1588,11 after which date we find Innerichney in possession of a legitimate branch of the family.12 2. Alexander. Along with his brother George and John 1 Cat. of Scottish Papers, iii. 641. 2 P. C. Reg.,ii. 351. 3 Reg. of Deeds, xxxiii. 282. * P. C. Reg., vii.631. 6 A cts and Decreets, cxix. 33. 6 Frasers of Philorth, i. 152, 161, 166. 7 Reg. Mag. Sig., 7 July 1612. 8 Ibid. 9 The Records of A boyne, 230. 10 Reg. Mag. Sig,, 5 February 1539-40 ; Reg. of Cupar Abbey, ii. 4. n Reg. Mag. Sig., 8 February 1587-88. 12 See post page 14. 10 OGILVY, LORD BANFF Ogilvy of Durne, son of Mr. William, the Treasurer, he had a lease for nineteen years, from 1530, of the Teinds of Gamrie. l They had also leases of Teinds from the Monastery of Arbroath.2 3. Walter. 4. James.3 5. Elizabeth. 6. Elizabeth (secunda). Nos. 2, 3, 5 and 6 received letters of legitimation on 18 June 1542.4 SIR GEORGE OGILVY of Dunlugus and Banff is designed fiar of Hutoun, Bonyntoun, Hornedean, Nisbetscheillis and Rauthburne in the county of Berwick, in the Grown grant of these lands to his father and mother, 5 January 1542-43,5 and from 1576 onwards he grants charters of these lands. 6 In 1550 he received from his parents Sandelaw.7 In 1557 he and his wife Beatrix Setoun received from his father and mother one-half of Dunlugus and Meirdene with the fishings, the Haughs of Newton and the Oastleton of Kynedward.8 In 1567 he was called in the succession to the Findlater entails.9 His additions to the family estates were the superiorities of Baughlaw and Karnelpies with the fishings in Dovern, acquired from John Gordon alias Ogilvy of Findlater, in 1554,10 Tarliar in the lordship of Glendowachy bought, in 1571, from the Earl and Countess of Buchan,11 who also conveyed to him other subjects in the sheriffdom of Banff in 1574 ;12 in 1580 one-half of the lands of Orde in Banff, from Eliza- beth Orde, portioner of that Ilk ; 13 in 1582 the barony of Oarnowseis from his brother-german Walter, in the Grown confirmation whereof, dated 11 July 1583, he is designed 4 Sir George Ogilvy of Dunlugus, Knight ; ' M in 1592, from Mr. William Meldrum of Montcoffer, he had one-half of Montcoffer with the fishings in the Dovern in the sheriff- dom of Aberdeen.15 He sat as one of the lesser barons in the Parliament held at Edinburgh 1 August 1560, when the 1 Antiq. of Aberdeen and Banff, iii. 539. 2 Reg. Nig. de Aberbr., 487, 520. 3 Acts and Decreets, x. 190. 4 Reg. Mag. Sig., 18 June 1542. 6 Ibid., 5 January 1541-42. 6 Laing Charters, Nos. 1030, 1253, 1902; Acta Parl. Scot., x. 291. 7 Reg. Mag. Sig., 8 August 1550. 8 Ibid., 21 May 1557. 9 Ibid., 8 May 1567. 10 Ibid., 20 December 1555. n Ibid., 10 May 1581. 12 Ibid. 13 Ibid., 22 April 1581. 14 Ibid., 11 July 1583 ; cf. Exch. Rolls, xxi. 241. 15 Reg. Mag. Sig., 21 August 1595. OGILVY, LORD BANFF 11 Confession of Faith was confirmed by Parliament ; l and in 1574 he was a commissioner for holding wapenschaws in Banff.2 In 1567 he was Provost of Banff,3 and held the office continuously for many years, at least until 1600,4 and on 26 July 1621, not long before he died, he conveyed to the burgh various lands and tenements within the town.5 On 30 April 1589 he signed a bond not to interfere with the King's authority, estate, or religion,6 and in 1594, when he is designed ' of Banff/ he is cited with other northern mag- nates to appear before the King in Council to answer for good rule and loyalty within his territories.7; Sir George died 11 August 1621, having lived, according to Arthur Johnston, twenty-one olympiads or eighty -four years,8 and having had thrice as many children of his body as there are years in an olympiad. His wife was Beatrix, fourth daughter of George, then Lord Seton,9 the contract of marriage being dated 24 February 1556-57.10 The six children who have been traced are : — 1. WALTER. 2. George, designed in 1590 of Oarnowseis,11 had on 5 September 1595 a charter to himself and Margaret Ogilvy, his first wife, of Oarnowseis, Orannock, and Blacklaw, on his father's resignation.12 He married, secondly, contract dated 6 January 1607, Barbara, daughter of Sir Alexander Fraser of Philorth. Her tocher was 6000 merks.13 Between 1608 and 1622 he acquired various properties in Aberdeenshire.14 In 1605 Parliament, considering 'the grite and extra- ordinary derth and pryces raisit vpoun the buitis and shone throughout all pairtis of this country to the grite hurt and prejudice of all estaitis of personis,' appointed a commission ' to take tryall zeirlie of the pryces of all rough hydis and of the difference of the price betwixt the rough hydis and the baskit hydis, and to sett down reasonable pryces vpoun the buittis 1 Ada Parl. Scot., ii. 526. 2 Ibid., iii. 191. 3 Annals of Banff, ii. 267, 411. 4 Exch. Rolls, xxi. 241 ; P. C. Reg., vi. 658. 5 Annals of Banff, ii. 406. 6 P. C. Reg., iv. 379. 7 Ibid., v. 146. 8 Antiq. of Aberd. and Banff, i. 645. * This first Lord Banff lived one hundred and five years, and continued fresh and ruddy to the last.' 9 Acta Parl. Scot., ii. 578. 10 Reg. of Deeds, ii.113. "-P.C.Reg.,\.v.m. 12 Reg. Mag. Sig., 5 September 1595. 13 Ibid., 14 July 1609. »« Ibid. ; Part. Reg. Sas., Banff ; and Reg. Sec. Concilii, xiii.3. 12 OGILVY, LORD BANFF and shone with penalties vpoun the cordinairis who sail contra veyne raise or heicht the said price.' The commissioners not having succeeded in putting down the boot trust, an addition in 1608 was made to their numbers, including George of Oarnowseis, and they were directed to meet twice a year to fix the price of * buittis and shoone.' l In 1609 he was nominated one of the commissioners to enforce the practice of archery in Banffshire;2 in 1621 he represented the county in Parliament ; 3 in 1624 he was Provost of Banff,4 and held the office at his death, on 1 February 1625.5 By Margaret Ogilvy, who died 11 December 1599,6 he had three sons and two daughters, and by Barbara Fraser one son : — (1) SIR GEORGE. On 10 May 1625 served heir to his father in the barony of Carnowseis, Crannoch, and Blacklaw ; 7 and in other lands on 13 May 1625 8 and 11 January 1628.9 He was created a Baronet of Nova Scotia 24 April 1626. 10 Received a remission for the slaughter of James Ogilvie of Auchireis and Paddoklaw, 2 February 1629.11 In 1628 he was Provost of Banff.12 A devoted adherent of Charles i., 'he suffered much for his loyalty, as all his fortunes were extinguished, his lands ruined and laid waste, and himself and his lady forced to fly the country, and he will never be able to recover.'13 He acquired the renunciation of Ordley in 1657. 14 He married, contract dated 25 November 1618, Jean, daughter of Sir Thomas Gordon of Cluny, Knight. She was infeft in Crannoch, 16 October 1619. 16 (2) John, designed in 1621 * of Birnes.' 16 Servitor to Alexander, Earl of Dunfermline.17 He married Jean, daughter of Sir William Seton.18 (3) Thomas.19 (4) Helen, married to William Gray. She had a wadset over Persent, part of Haltoun of Auchterles.20 (5) Elizabeth, married to George Meldrum of Haltoun of Ach- terles, contract dated 9 and 10 August 1610. 21 (6) Alexander, son of second marriage, who had a Crown charter 1 Acta Parl. Scot., iv. 4046. 2 Ibid. 3 Parliamentary Return of Members ofParl., 553. 4 Annals of Banff, i. 53 ; ii. 52, 267. 6 Ibid. 6 Edin. Test., 9 August 1600. 7 Banff Retours, 47. 8 Aberdeen Eetours, 187. 9 Aberdeen and Banff Retours. 10 Reg. Mag. Sig., 24 April 1626. » Ibid., 2 February 1629. 12 Annals of Banff, i. 59. 13 Britaine's Distemper, 23. 14 Part. Reg. of Sas., Banff. 15 Ibid. 16 P. C. Reg., xii. 570. 17 Reg. Mag. Sig., 13 February 1621. 18 Aberdeen Sasines, iv. 40. 19 Edin. Test., 9 August 1600. » Reg. Mag. Sig., 19 December 1628 ; Edin. Test., 9 August 1600. 21 Gen. Reg. of Inhibitions, iii. 250. OGILVY, LORD BANFF 13 25 February 1632 of Knok in Sfcrathisla.1 In 1629 he was admitted a burgess of Banff.2 He married Marie, daughter of James Ogilvy of Boyne and Isobelle Ogilvy, daughter of Walter Ogilvy of Dunlugus and Banff.3 He had a son — James, who married, contract dated 28 June 1656, Christian, daughter of Walter Stewart of Byland, and received a grant of Crannoch in that year from his uncle Sir George of Carnowseis.4 He was served heir to his father in Knock 25 November 1658.5 3. James, married his cousin Elspeth Abernethie, only daughter of Marie Ogilvie (see p. 9) and William Aber- nethie of Birnes. Birnes was disponed to Elspeth by her father William in 1595 6 and in 1599 the spouses had a Grown charter of these lands on their own resignation.7 James was inf eft in Easter and Wester Knok 20 May 1608,8 and acquired on 12 June 1616 a number of other lands in the barony of Auchterles Dempter.9 He died s. p. 29 January 1617, and was suc- ceeded in his heritage by his younger brother Robert, and in his conquest lands by his eldest brother George of Carnowseis.10 The latter erected a monument to James's memory in Seton Chapel, East Lothian.11 4. Robert, burgess of Banff. On 17 July 1608 James of Birnes sold to him Pyperscroft and other subjects in the burgh of Banff.12 He married Janet Baird.13 5. Janet, married to William Forbes, ninth Laird of Tolquhoun, who died in 1602, and had with other issue, Walter, heir of Tolquhoun.14 6. Elizabeth, married, first, to Henry Urquhart of Crom- arty, who died prior to 23 May 1587, leaving issue ; 15 secondly, to William, third son of William Leslie of Wardis, to whom his father gave, in 1596, his lands in Garioch ; 16 and thirdly, to Mr. Thomas Menzies of Durne, Provost of Aberdeen, with issue.17 1 Reg. Mag. Sig., 25 February 1632. 2 Annals of Banff, ii. 417. 3 Part. Reg. of Sas., Banff, 30 June 1632, MS. Hist, of Irvines of Drum, Lyon Office. 4 Banff Sas., viii. 31. 5 Banff Retours, 106. 6 Reg. Mag. Sig., 1 July 1612. 7 Ibid., 1593-1608, 9 April 1599. 8 Part. Reg. of Sas., Banff. 9 Reg. Mag. Sig., 31 March 1617. 10 Ibid., 25 February 1632. » House of Seton, ii. 779. 12 Part. Reg. of Sas., Banff. 13 Ibid., 20 December 1624. 14 Antiq. of Aberdeen and Banff; Macfarlane's Gen. Coll., i. 226, 476. In the first reference Macfarlane calls Janet daughter of the Laird of Banff; in the second, daughter of Sir Walter Ogilvy of Banff. 16 Register of Deeds, xlii. 1. 16 Macfarlane's Gen. Coll., ii. 26; Family of Leslie, iii. 283. 17 Banff Retours, 21 ; Antiquities of Aberdeen and Banff, iii. 288. 14 OGILVY, LORD BANFF WALTER OGILVY of Dunlugus and Banff is styled apparent of Dunlugus in a charter dated 5 March 1582 by Patrick Ohene of Essilmonth to Alexander Fraser of Philorth, of lands in Aberdeenshire.1 On 31 October 1598 he received a Crown confirmation of Alveth and Innerichnie on his father's resignation,2 and from the same source in 1610 the liferent of Montcoffer, Govenye, Sandelaw, Bauchlaw, and Karnelpies, the fee being destined to his eldest son George.3 From this period he is generally designed ' of Banff.' 4 In 1619 he was elected Provost of Banff, but as by Act of Parliament it was ordained 'that none should be chosen provost of a burgh but burgesses actually dwelling therein and having trade and handling within the same,' Walter was summoned before the Privy Council to answer for breaking the law, with the result that he renounced the office.5 In 1620, however, we find him provost of the burgh, in 1624 a member of the town council, and provost from 1625 until his death.6 He was served heir to his father on*7 October 1625,7 and died between 14 February 1627 and 10 May 1628.8 By his wife Helen, daughter of Walter Urquhart, younger of Oromarty,8 he had : — 1. SIB GEORGE. 2. Walter of Innerichnie. In 1614 he had a charter of the superiority of Auchorsk.10 His wife was Isobel, daughter of Thomas Urquhart of Burrisyards. Her father and husband were at feud with the Tullochs of Tannachies, and as the result of a scuffle between the parties at the kirk of Forres in 1623 ' schoe tooke bed immediatlie and never eat nor drank till schoe deit.' u In 1624 Walter was a bailie of Banff.12 On 1 August 1625 he received a licence to go abroad for three years.13 He died before 14 March 1629, on which date his brother George was served heir to him in the superiority of Auchorsk.14 3. Beatrice, married to Alexander Seton of Pitmedden, 1 Reg. Mag. Sig., 22 April 1583. 2 Ibid., 31 October 1598. 3 Ibid., 8 August 1610. 4 Ibid., 14 February 1627. 6 P. C. Reg., xii. 120, 151. 6 Annals of Banff, i. 57 ; ii. 52, 267. 7 Banff Retours, 49. 8 Reg. Mag. Sig., 14 February 1627; P. C. Reg., 2nd series, ii. 592. 9 Thanage of Fermartyne, 692. 10 Reg. Mag. Sig., 5 July 1614; Ibid., 29 July 1625. 11 P. C. Reg., xiii. 159, 173. 12 Annals of Banff, ii. 52. 13 P. C. Reg., 2nd series, i. 113. 14 Banff Retours, 58. OGILVY, LORD BANFF 15 who was served heir to his father James in 1628. 1 They had issue a son John, who succeeded to that estate.2 4. Isobelle, married to James Ogilvy of Boyne after 28 July 1601, 3 and had a son Walter, who succeeded to that estate,4 and a daughter, Marie, who married Alex- ander Ogilvy of Knok, fourth son of George of Oar- nowseis. (See ante, p. 13.) 5. Mary, married, contract dated 16 February 1614, Ninian Dunbar of Grangehill.5 Walter had also an illegitimate son, JoTw, admitted in 1626 a burgess of Banff.6 I. SIR GEORGE OGILVY OF BANFF had, on 9 March 1610, with his wife Margaret Irving of Drum, a charter of the barony of Dunlugus on the resignation of his grandfather Sir George.7 On 3 July 1^17 he had a Grown confirmation of Ord.8 On 24 May 1621 he was infeft by Sir George, his grandfather, in Tilbertie, Torfaulds, and Oatlaw.9 In 1624, with consent of his father Walter, he resigned the barony of Dunlugus in favour of Sir Thomas Urquhart of Oromarty, who was infeft therein 18 July 1624.10 From this period the family designation of ' Dunlugus ' is dropped, and that * of Banff ' substituted, though the latter designation was applied to the family so early as 1594.11 In 1625 George is designed ' of Moncoffer, Laird of Banff, junior,1 12 and in 1627 when he received a Grown confirmation of Sandelaw, Oatlaw, and others, 'junior of Banff, formerly titular fiar of Dunlugus.'13 In 1626 he was infeft in Dalhauche and Smiddiehillis,14 and in the same year in the barony of Inchdrewer.15 Monteoffer resigned in 1628 in favour of Sir Thomas Urquhart of Cromarty.16 In 1632 he sold Oatlaw in the parish of Alvah to James Stewart of Ryland.17 In 1636 he acquired Blair- shinnoch and Meikle Raittre,18 and Forglen in 1637.19 1 Aberdeen Retours, 207. 2 Reg. Mag. Sig., 15 March 1634 ; House of Seton, i. 472 ; Probative Quartering in Nisbet Plates, 132. 3 Part. Reg. of Sas., Banff, i. 64. 4 Ibid., 26 December 1620. 6 Reg. of Deeds, ccxli. 3 August 1615, cclxxxii. 29 March 1619. 6 Annals of Banff, ii. 417. 7 Reg. Mag. Sig., 9 March 1610. 8 Ibid., 1646, 3 July 1617 ; Part. Reg. of Sas., Banff. 9 Part. Reg. of Sas., Banff. ™ Ibid. " P. C. Reg., v. 659. 12 Reg. Mag. Sig., 19 July 1625. 13 Part. Reg. of Sas., Banff. u Ibid. 15 Ibid. 16 Reg. Mag. Sig., 29 January 1628. 17 Ibid., 14 July 1632. 18 Ibid., 23 January 1636. 19 Ibid., 4 April 1637. 16 OGILVY, LORD BANFF He was created a Baronet of Nova Scotia 20 July 1627,1 and in the same year he succeeded his father Walter as Provost of Banff.2 On 2 February 1629 he and his cousin Sir George of Oarnowseis received letters of remission for the slaughter of James Ogilvie of Auchiries and Paddoklaw, committed under provocation within the burgh of Banff 3 October 1628.3 With the feud which culminated in the ' Burning of Frendraught,' on 8 October 1630, Sir George was closely connected, being an ally of the Orichtons, and early in that year he and Frendraught petitioned to be exonerated from the slaughter of William Gordon of Bothie- may, on the ground that the latter was slain while the petitioners were endeavouring to arrest him on the warrant of the Privy Council.4 The only person executed for the 4 Burning of Frendraught ' was a certain John Meldrum, who, on the night before the house was burned, in reply to Banff, who had urged him to be reconciled to Orichton, replied that he could not be reconciled unless it were instantly done, because Frendraught would be burned before next morning.5 In 1629 Sir George was elected an elder of the Church of Scotland along with his agent, Mr. William Sharpe, Sheriff Clerk of Banff, formerly schoolmaster of Cullen and father of Archbishop Sharpe.6 Throughout the Civil War he was a uniform adherent of the King, and the aspersion that he was indifferent or lukewarm in the cause is not borne out by the record.7 In Principal Baillie's estimation he 4 was a rash and profane man.'8 He was Huntly's guiding spirit in his opposition to the Covenanters, and he and Gordon of Haddo were the leaders at the Trot of Turriff, 14 May 1639.9 He was conspicuous on the King's side at the action of the Bridge of Dee, 19 June 1639, where 1 Charter under the Great Seal of the barony and regality of Banff- Ogilvyin Nova Scotia, in favour of Sir George Ogilvy of Banff, Bart., dated 20 July 1627 ; Inv. penes Sir William Fraser's Trustees. 2 Annals of Banff, i. 57 ; ii. 267. 3 Reg. Mag. Sig., 2 February 1629. * P. C. Reg., 2nd series, iii. 485, etc. 6 Ibid., iv. 609 ; Family of Leslie, iii. 390. 6 Annals of Banff. 7 Gordon's Hist, of Scots Affairs, i. 61. At p. 211 the historian speaks of Banff as one who ' prof est ' to do much for the King, and at p. 263 he avers that Banff, after his interview with Sir Kobert Innes in 1639, ' never was cordial in the King's service.' The losses and sufferings of the Banff family in the Royal cause form a sufficient reply to this innuendo. 8 Baillie's Letters, i. 205. 9 Gordon's Hist of Scots Affairs, i. 211, 528. OGILVY, LORD BANFF 17 Montrose commanded the Covenanters.1 For these mis- demeanours he was marked down for punishment. Munro, at the head of the Covenanting army, marched to Banff, de- stroyed the beautiful gardens and hewed down the trees. The mansion-house fared no better. The iron, glass, timber, and hewn work they cut out and destroyed, ' leaving nothing to be seen but defaced walls, which yet speacke its beautye as it now standes lycke ane old rouinouse abbey.' This outrage, uncommemorated in peasant balladry, was mourned by a King. Charles i., when it was reported to him, said that for the house it mattered not, it could be replaced, ' but that it was a crwell thing to fall upon the garden, the losse wherof could not in many yeares be repaired, and so much the worse because it had neither done evill nor could hurt them ; besyde that it was ane ornament to the toune and countrey.' 2 Inchdrewer, the other residence of the family, was also laid waste ; Forglen was preserved by the courage of its defenders.3 On 31 August 1642, for his faithful services, King Charles I. created him a Peer of Scotland by the title of LORD BANFF, with a limitation to his heirs-male, bearing the name and arms of Ogilvy.4 The King also gave him 10,000 merks to repair his losses.5 While the Cove- nanters remained in power Lord Banff was a constant object of suspicion to the authorities. A warrant for his appre- hension was issued, and he was ordered to appear before the committee of Parliament.6 He entered heartily into the Engagement for the restoration of the King, attended the Parliament held in 1648, and was placed on the Com- mittee of War for Banff,7 for all which he was compelled to make public repentance before the presbytery of For- dyce.8 In 1654 he was fined by the usurper £1000 sterling, which exorbitant sum was afterwards reduced by two- thirds.9 He was present in Parliament 18 June 1663,10 and died 11 August in that year.11 He married, first, Margaret, daughter of Alexander Irvine of Drum,12 and had a daughter — 1 Spalding's Trubles, i. 209. 2 Gordon's Hist., iii. 253. 3 Ibid. 4 Reg. Mag. Sig. 6 Gordon's Hist., iii. 253. 6 Ada Parl. Scot., vi. pt. i. 14a, 23a, 98a, 133. 7 Ibid., 816a; ibid., vi. pt. ii. 4a. 8 Annals of Banff, ii. 32. 9 Acta Parl. Scot., vi. pt. ii. 820a, 8466. w Ibid., vii. 4466. 11 Banff Retours. 12 Ms. Hist, of Irvines of Drum, 129. VOL. II. B 18 OGILVY, LORD BANFF 1. Helen, who was married, contract dated 20 and 25 March 1629,1 to James, Master of Ogilvie, afterwards second Earl of Airlie, and had issue. (See title Airlie.) He married, secondly, Janet, daughter of William Suther- land of Duffus. On 30 July 1629 she complained to the Privy Council of her husband's cruelty to herself and her children, and on that day Sir George was bound under caution of 3000 merks to keep the peace towards Lady Banff and her children, and towards James Sutherland, tutor of Duffus, brother of Lady Banff.2 By his second wife he had four children.3 2. GEORGE, second Lord Banff. 3. Margaret, married to John Lyon of Muiresk, repre- sentative of Oulmalegy,4 cadet of Glamis. 4. Jean, married to Gordon of Badinscoth.5 5. Mary, married, first, contract dated 9 and 20 November 1649,6 to Walter Innes of Auchluncart; secondly, contract dated December 1701, to Alexander Suther- land of Kinminity.7 II. GEORGE, second Lord Banff, was on 29 October 1663, served heir to his father in the baronies of Inchdrewer and Montbray,8 and on 24 September 1664 in lands in the parish of Gamrie.9 He represented Nairnshire in the Parliament held at Edinburgh 4 June 1644.10 Like his father he was an adherent of King Charles i., and was under caution for £42,000 that he should appear before the Committee of Parliament when called on, to answer for his behaviour in public affairs.11 He was colonel of the Foot levied in Banff in the year of the Engagement,12 and on the Committee of War for the county.13 In 1650 he was again colonel of the Foot regiment raised in Banff in support of Charles n.,u for whom he fought at Worcester, and escaped from that con- flict. In 1661 he was engaged in a dispute with Mr. John Gordon of Barrallmad regarding a piece of land in the 1 Carnegie Book, ii. 129. 2 P. C. Reg., 2nd series, iii. 260, 264. 3 Part. Reg. of Sas., Banff, 2 June 1628. 4 Banff Sas., i. 454. 6 Wood's Douglas. 6 Banff Sas., vi. 42. 7 Ibid., v. 151. 8 Banff Retours, 115. 9 Ibid., 118. 10 Acta Part. Scot. n Ibid., vi. i. 754. 12 Ibid., ii. 55. 13 Ibid., 36. 14 Ibid., 623, 625 ; Correspondence of Earls of Ancrum and Lothian, 331. OGILVY, LORD BANFF 19 vicinity of Banff. The parties met on the ground, and Mr. John advancing 'with a stroak of intention to have killed the Master of Banff, George Buchan, one of the com- panie, holding out a rapier in his oune defence and in defence of the Master of Banff's life, the said Mr. Johne advanceing with the said stroak, as said is, did thrust his bellie vpon the poynt of the rapier, which occasioned the said Mr. Johne Gordoun's death.' * Banff craved a precogni- tion instead of a trial, on the ground that Gordon's death was accidental, and after one prorogation of the diet no more is heard of this singular suicide.2 On 29 October 1663 he was admitted a burgess of Banff.3 Lord Banff was present in the Parliament of 1667, when £72,000 a month was voted as a supply to the King for the maintenance of a standing army, and he was one of the first Commissioners of Supply for the county.4 He died in March 1668,5 having married Agnes, only daughter of Alexander, first Lord Falconer of Halkerton,6 and had issue : — 1. GEORGE, third Lord Banff. 2. Sir Alexander of Forglen, of whom afterwards. 3. Jeane, baptized 5 January 1651. 7 4. A gnes, baptized 29 December 1651, 8 married to Francis Gordon of Craig of Auchindoir.9 5. Margaret, baptized 8 October 1654,10 died unmarried.11 6. Helen, married, 25 April 1694, to Sir Robert Lauder of Bielmouth, Clerk of Exchequer, who died June 1709.12 She died 9 January 1714, leaving two sons, Robert and George.13 7. Mart/, married, contract dated 1 June 1680,14 to John Forbes of Balflugg, cadet of Leslie, cadet of Mony- musk.15 8. Isabel. 9. Marjory. 10. Janet, a posthumous child, born at Inchdrewer 1668, 1 Acta Parl. Scot., vii. 22. 2 Ibid., 234. 3 Annals of Banff. 4 Acta Part. Scot., vii. 5436. 6 Wood's Douglas. 6 Ibid. 7 Fordyce Reg. of Baptisms. 8 Ibid. 9 Wood's Douglas. 10 Fordyce Reg. of Baptisms. 11 Agnes, Margaret, Helen, Mary, Isobel, Marjory, and Janet (posthumous), all named in Gen. Reg. of Homings, 16 March 1687, where their mother is named ' Agnes ' Falconer. She is also designed Agnes, Lady Banff, in the Banff Reg. of Baptisms, 19 May 1670, but in her Funeral entry in the Lyon Office she is called Grisel. 12 Edin. Test., 9 February 1710. 13 Ibid., 20 July 1714. 14 Aberdeen Sasines, x. 458. 15 Macfarlane's Gen. Coll., i. 285. 20 OGILVY, LORD BANFF married, contract dated 16 June 1694, to John Leith of Leithhall, and had issue.1 She died in July 1743.2 III. GEORGE, third Lord Banff, was baptized 9 September 1649,3 and on 10 September 1668 was served heir to his father in the baronies of Inchdrewer and Montbray / In the same year he was admitted a burgess of Banff.5 From 1670 onwards his name appears in the list of barons present in Parliament,6 but his attendance ceased at the Revolu- tion, and in 1693 he was fined £1200 for absence from their Majesties service in Parliament.7 Lord Banff's family had changed its faith at the alteration of religion within the kingdom in Queen Mary's reign.8 Lord Banff, it appears, returned to the ancient faith and resided for some time in Ireland.9 He reverted to Protestantism, and the first intimation of his reconversion is thus referred to in a letter from Mr. William Hunter, minister at Banff, to Mr. Secre- tary Oarstairs, of 11 July 1705: 'My Lord Banff upon declaring himself a Protestant has a mind to go south to take his place in Parliament, and withal because his cir- cumstances require it, his lordship requires your kind influence for his encouragement that he may undertake his journey.' 10 On 3 October 1706 it was moved in Parliament that he, 'sometime Papist, being now Protestant, and willing to sign the formula subjoined to the Act of Parliament in November 1700, may be admitted.' Accordingly he signed the formula against popery, took the oath of allegiance, and voted steadily with the ministry for the Union with England.11 In 1708 he was indicted for shooting a pistol at a bailie of Banff.12 He was killed in a fire which destroyed his house of Inchdrewer in November 1713, his death being regarded by some of his Protestant neighbours as a judg- ment for his change of faith, and attributed by others, also Protestants, to foul play.13 He married, contract dated 22 and 23 September 1669,14 1 Aberdeen Sasines, xiv. 500 ; The Thanage of Fermartyn, 37. 2 Scots. Mag. 3 Fordyce Reg. of Baptisms. 4 Banff Retours, 125. 5 Annals of Banff. 6 Ada Parl. Scot.,v\i\. 231, 238, 468, App. 1, 10, 20. 7 Ibid., ix. 251. 8 See the curious petition of Sir George Ogilvy of Banff in 1631 for delivery of Popish vestments ; P. C. Reg., 2nd series, iv. 247. 9 New Statistical Account. 10 State Papers and Letters, 736. u Acta Parl. Scot., xi. 305, 314, 319, 321, 422. 12 Annals of Banff. 13 New Statistical Account. l* Gen. Reg. of Sas., xxiii. 331. OGILVY, LORD BANFF 21 Jean, third daughter of William, seventh Earl Marischal, who raised an action of adherence and aliment against her husband, and on 17 February 1685 was awarded 2000 merks per annum.1 Their children were : — 1. GEORGE, fourth Lord Banff. 2. Anne.2 3. Isobel, in whose favour her brother George, Master of Banff, executed a bond of provision for £3000 on 26 September 1696.3 She was married 16, contract dated 8, January 1722, to George Barclay, merchant in Banff.4 4. Mary, born 3 March 1679,5 and married, first, in 1714, to John Joass, younger of Oolleonard, who died before 7 November 1718,6 with issue;7 secondly, in 1723, as his second wife, to the Reverend William Hunter, formerly minister of Banff.8 She died at Banff, 20 April 1756, aged seventy-eight.9 IV. GEORGE, fourth Lord Banff, was baptized at Banff 4 August 1670.10 In 1690, George, third Lord, disponed his lands to his son and heir George, Master of Banff, and a charter under the Great Seal followed 26 February 1697.11 Succeeded his father in 1713, married, 11 January 1712, Helen, daughter of Sir John Lauder of Fountainhall, Lord of Session. The spouses had a charter under the Great Seal of Inchdrewer, 26 July 1712.12 He died before 12 January 1718,13 and had by Helen Lauder (who was married, secondly, on 27 June 1721, to Alexander Gordon of Glengerrack,14 and, thirdly, to James Hay, merchant in Banff, second son of James Hay of Rannes, with issue ; she died 22 October 1742 :15— 1. George, baptized 20 February 1714,16 died in infancy. 2. George, baptized 28 November 1715," died in infancy. 3. JOHN GEORGE, fifth Lord Banff. 4. ALEXANDER, sixth Lord Banff. V. JOHN GEORGE, fifth Lord Banff was born 18 February 1 P. C. Decreta; Fountainhall's Hist. Notices. 2 Anne, Isobel, Mary mentioned in this order in Banff Inhibitions, 26 February 1706. 3 Inv. of Writs, penes Sir William Fraser's Trustees. 4 Banff Reg. of Marriages. 6 Banff Reg. of Baptisms. 6 Ibid., 7 November 1718. 7 Ibid. 8 Ibid., 11 May 1723. 9 Scots. Mag. 10 Reg. of Baptisms. n Inv. penes Sir William Fraser's Trustees. 12 Ibid. 13 Reg. of Baptisms, Banff. u Reg. of Mar- riages, Banff. 15 Admon. Act Book, 1750, Somerset House. 16 Reg. of Baptisms, u Ibid. 22 OGILVY, LORD BANFF 1717, and succeeded his father 1718. Married, at the Fleet, London, 18 August 1735, Mary, daughter of Captain James Ogilvie.1 He was drowned, 29 July 1738, when bathing with Lord Deskford, afterwards sixth Earl of Findlater, at the Black Rocks near Oullen,2 and was buried at Banff, 1 August 1738.3 His widow married, secondly, the Rev. Thomas Kemp, D.D., Rector of St. Michael's, Crooked Lane, London. Lord Banif dying without issue was succeeded by his brother. VI. ALEXANDER, sixth Lord Banff, who was a posthumous child, baptized at Banff 12 July 1718, his godfathers being Sir Alexander Ogilvy of Forglen, and his son Captain Alex- ander Ogilvy.4 He entered the Navy, and attained the rank of captain 13 February 1741, when he was appointed to the command of the Hastings man-of-war.5 During his short naval career he distinguished himself by the capture of several valuable prize ships, including a rich outward- bound Spanish register ship Nostra Signora del Assumption, a Spanish privateer of 24 guns, which he sunk ; a French pole- acre, the St. Jean, from Vera Cruz for Cadiz, with 130,000 pieces of eight ; the Nostra Senora del Rosaria, St. Antonio y las Animas, and two heavily-armed Spanish privateers.6 As a result the freedom of the City of Glasgow was, in 1743, given him in a silver box ' as a testimony of regard for the great services done his country by protecting the trade thereof.'7 He was appointed to the command of the Tilbury of 60 guns in August 1745,8 and was in com- mand of her when his death occurred at Lisbon 7 December 1746.9 On 22 April 1747 his aunt, Mrs. Mary Ogilvie, widow of John Joass of Colleonard, was declared his executrix-dative as nearest of kin.10 On 5 July 1750 letters of administration were granted to Charles Hay, their uncle and curator, on behalf of Charles, James, and William Hay, brothers by the half blood and only next of kin of Alex- ander.11 He was succeeded in his title and heritage by Alexander Ogilvy of Forglen, descended from — 1 Brim's History of the Fleet Marriages, 1834, 116. 2 Statistical Account. 3 Reg. of Deaths, Banff. 4 Reg. of Baptisms, Banff. 5 Scots Mag., 1741. 6 Ibid., 1742, 141 ; 1743, 342, 428, 526. 7 Edinburgh Evening C our ant, 24 October 1743. 8 Scots Mag. 9 Reg. of Deeds, clxix. He was buried j 10 May 1747, at St.-Martins-in-the-Fields. 10 Edin Com. Reg. n Reg. of Admon., Somerset House. OGILVY, LORD BANFF 23 Sir Alexander Ogilvy of Forglen, second son of George, second Lord Banff. From 1678 he was a Commissioner of Supply for the county of Banff.1 In 1699 he was appointed principal warden of the Mint and Ounziehouse, with a salary of £1200 Scots, increased in 1700 to £1800 Scots,2 and was created a Baronet of Nova Scotia 24 June 1701. In that year he was elected member of Parliament for the town of Banff on condition ' that sheriff courts continue to be kept there in all time coming as the head burgh of the shire.' 3 In 1702 he and Sir James Elphinstone of Logie were appointed Receivers General.4 He took an active part in the work of Parliament, being elected a member of the committee on public security and trade.5 He voted steadily for the Union with England.6 Although not a lawyer, he was appointed a Lord of Session 25 March 1706, and held the post until his death.7 He had a charter under the Great Seal, 21 December 1702, of the lands of Todlaw, in the parish of Forglen.8 He had an amusing litigation with Sir Alexander Forbes of Tolquhoun, regarding a gilded mazer cup, alleged by Tolquhoun to have been stolen from him by Forglen. It was at length discovered that Tol- quhoun himself had some years previously given the cup to a goldsmith in Aberdeen to be repaired, and having forgotten the circumstance, 'it was lying there unrelieved for not paying a half-crown for it.' Forglen brought an action for defamation, and Tolquhoun was fined 20,000 merks, one half to go to the Grown, the other half to Forglen. The Grown remitted its share of the fine, but Forglen appears not to have been so complaisant.9 He was a member of the com- mittee to inspect the University of Aberdeen in 1716.10 He died 30 March 1727.11 He married, first, Mary, born 18 August 1663, marriage-contract dated 17 November 1681, 12 eldest daughter of Sir John Allardice of that Ilk in Kincar- dineshire, and had issue : — 1. George, appointed Queen's Limner for Scotland 3 Nov- 1 Ada Parl. Scot., viii. 227; ix. 145. 2 Privy Seal Reg., v. 309, 374. 3 Annals of Banff, i. 171 ; Parliamentary Return, 592. 4 Privy Seal Reg. , vi. 60, 145, 228. 6 Acta Parl. Scot., xi. App. 4, 14, 222, 294. « Ibid., Text, 314, 321, 422. 7 Brunton and Haig. 8 Inventory of Writs, penes Sir William Fraser's Trustees ; Acta Parl. Scot., xi. 270. 9 Brunton and Haig, 483-4. 10 Fasti Aberdonensis, 387. n Edin. Test., 26 July 1727. In the Greyfriars Reg. of Interments his death is said to have taken place on 31 March. 12 Banff shire Sasines, iii. 350. 24 OGILVY, LORD BANFF ember 1703, at a salary of £100 sterling per annum.1 In the grant he is said to have had a good education, but he laboured ' under the infirmitie of the inteire loss of his hearing,' and the grant also notes his ' natural inclination and great proficiency in the airt of limning, drawing, and painting.' He married, on 19 February 1710, Jean, daughter to Patrick Meldrum of Leathers, relict of Sir Alexander Innes of Oox- toun.2 He died June 1723, his sister-german, Mary, being decerned his executrix-dative as nearest of kin.3 2. Alexander Ogilvy, younger of Forglen, was with his father a witness to the baptism of Alexander, sixth Lord Banff, the posthumous child of George, fourth Lord Banff, on 12 July 1718.4 He predeceased his father, having married, 7 August 1714, Jane, daughter of Benjamin Frend of Ballyrehy, King's County, Ireland.5 By her, who afterwards married Archibald Campbell of Stonefield, he had issue : — (1) ALEXANDER, seventh Lord Banff. (2) Bridget.6 3. Mart/, died unmarried 1738, her sister-german, Agnes, being her executor.7 4. Agnes, married, 28 January 1705, to Sir Alexander Reid, second Baronet of Barra (who acted as execu- tor of his father-in-law Sir Alexander in 1727), 8 with issue. 5. Ann, married to Andrew Hay of Mountblairy, Banff- shire, W.S., with issue.9 She died May 1719, aged twenty-five.10 6. Helen, married 13 March 1712, to James Smollett, son and heir to James Smollett of Bonhill. 7. Margaret, born 12 March 1700. Sir Alexander, married, secondly, 18 January 1702, Mary Lesly, second daughter of David, first Lord Newark, widow of Sir Francis Kinloch of Gilmerton.11 She died s. p. at Edinburgh, 24 March 1748.12 lReg. Sec. Sig., vi. 189. 2 Wood's Douglas. 3 Aberdeen Test, 1724. 4 Reg. of Baptisms, Banff. 5 Ms. Pedigree, Office of Arms, Dublin. 6 Ibid. 1 Aberdeen Test., 1738. 8 Edin. Test., 1727. 9W.S.List. 10 Grey- friars Interments, May 1719. n Edin. Reg. of Marriages. 12 Her Funeral Escutcheon in Lyon Office. OGILVY, LORD BANFF 25 VII. ALEXANDER, seventh Lord Banff, succeeded his grandfather in the estate and baronetcy in 1727.1 In 1747 he had a pension of £200 stg.2 per annum. Served heir- male general and heir-male special in the barony of Inch- drewer, to his cousin George, fourth Lord Banff, 19 February 1750.3 He married at Edinburgh, on 2 April 1749, Jean, daughter of William Nisbet of Dirleton, and died, 1 Decem- ber 1771 ,4 at Forglen, where his widow also died, 29 August 1790.5 They had issue : — 1. Alexander, Master of Banff, who died 1763. 2. WILLIAM, eighth Lord Banff. 3. Archibald, died 1763. 4. David, admitted a burgess of Banff 1779.6 Cornet in the Fourth Dragoons 1779, lieutenant 1785, captain 1793 ; 7 died at Clifton 10 August 1796. 5. Jean, married to Sir George Abercromby of Birken- bog. 6. Sophia. 7. Janet, married, 9 October 1797, to the Reverend John Willison, minister of Forgandenny. She died at Kin- no ull, 24 October 1835, aged eighty-two.8 8. Mary, married, 23 August 1780, to Alexander Murray of Aytoun. She died December 1789. 9. Grace, married to Mr. Douglas. VIII. WILLIAM, eighth Lord Banff. On 16 March 1774 served heir-male of line and provision special in the barony of Forglen and Whitefield, in the barony of Inchdrewer, to his father Alexander, seventh Lord Banff.9 Cornet in the Sixth or Inniskilling Regiment of Dragoons 1773, lieutenant 1778, captain 1780,10 and quitted the army in 1794, after having served on the Continent under the Duke of York as senior captain in his regiment.11 He died at Forglen, 4 June 1803,12 when his estates went to his sister Lady Abercromby, and the Peerage became extinct or dormant. In 1812, and 1 Services of Heirs. 2 King's Warrant Book, Pub. Kec. Office, xxxvii. 128. 3 Services of Heirs, 1750-59. 4 Edinburgh Evening Courant, Wed- nesday, 4 December 1771. 5 Ibid., Thursday, 2 September 1790. 6 Annals of Banff, ii. 427. r Army Lists. 8 Fasti Eccl. Scot. Scott calls Janet the third daughter. 9 Services of Heirs, 1770-79. 10 Army Lists. » Old Statistical Account of the Parish of Forglen. 12 Edinburgh Evening Courant, Saturday, 11 June 1803. 26 OGILVY, LORD BANFF again in 1819, Sir William Ogilvy of Boyne, as the descend- ant and heir-male of George Ogilvy of Boyne, elder brother of Sir Walter Ogilvy of Dunlugus, the great-grandfather of the first Lord Banff,1 petitioned the King for the dignity of Banff, but no proceedings seem to have been taken on the claim. CREATION.— 31 August 1642, Lord Banff. ARMS. — Not recorded in Lyon Office, but given by Nisbet as — Quarterly, 1st and 4th argent, a lion passant guardant gules crowned or, for Ogilvie ; 2nd and 3rd argent, three papingoes vert, beaked and membered gules, for Home.2 CREST. — A lion's head erased gules. SUPPORTERS. — Dexter, a man in armour with a target, proper ; sinister, a lion rampant gules. MOTTO. — Fideliter. [A. R.] 1 House of Lords Journals, v. 48, p. 920 ; v. 52, p. 790. 2 These are the Pepdee quarterings of the Home arms. HAMILTON, LORD BARGANY IR JOHN HAMILTON of Lettrick, natural son of John, first Marquess of Hamilton (see that title), obtained a legitimation under the Great Seal, 22 December 1600, and ac- quired considerable estates. He had a charter of confirmation to himself, and Jean Campbell his wife, of the castle of Kin- clevin, in Perthshire, 25 May 1608.1 He had a charter 15 June 1624,2 of the lands of Bargany, from whence he took his ultimate designation, Oarlock, and other lands in Ayrshire. He died soon after 1637. By his wife, Jean, daughter of Alexander Campbell, Bishop of Brechin, of the Ardkinglass family, he had issue : — 1. SIR JOHN. 2. William.3 3. Thomas.' 4. Catherine, married to Sir John Drummond of Machany, second son of James, first Lord Maderty. 5. Helen, married to Sir James Somervile of Gambus- nethan. 6. - — , married to Sir William Vere of Stonebyres. 7. Mary, married to Alexander Oleland of Cleland. 1 Eeg. Mag. Sig. 2 Ibid. 3 Retours General, 3131. 4 Ibid. 28 HAMILTON, LORD BARGANY I. SIE JOHN HAMILTON, the eldest son, had the designa- tion of Oarriden in the lifetime of his father,1 to whom he was served heir 23 April 1642.2 He had previously been created a Peer of Scotland under the title of LORD BAR- GANY, 16 November 1641,3 with limitation to the heirs- male of his body. Lord Bargany was a supporter of the royal cause, and having raised a regiment of Foot he accompanied the first Duke of Hamilton in his unfortunate expedition into England in 1648, where, the Duke being defeated, he and Lord Bargany were taken prisoners. He was carried to Ashby and other places in England, where he was detained a prisoner for a year. Later Lord Bar- gany went over to the Netherlands to attend his Majesty, and from there he was sent to Scotland to assist in raising forces for the King's restoration. When Charles marched with his army into England in 1651 he sent Lord Bargany to the north of Scotland to procure maintenance for his army and to raise a second levy. After the defeat of Charles and his forces Lord Bargany was taken prisoner at Elliott in Perthshire 28 August 1651, 4 carried to London and imprisoned in the Tower for about a year.5 Cromwell excepted him out of his Act of Grace and Pardon 12 April 1654. He died April 1658.6 Lord Bargany married, 1632,7 Jean Douglas, second daughter of William, first Marquess of Douglas. She died 1669.8 They had issue :— 1. JOHN, second Lord Bargany. 2. Major William, married,9 3 April 1662, Mary, daughter of Sir Patrick Hay of Pitfour, relict of George Butter of Clashbenny. 3. Margaret, married, first, to John Kennedy of Culzean, who died 1665 ; secondly, in 1667,10 to Sir David Ogilvy of Olova, and had issue by both. 4. Anna, married to Sir Patrick Houston, in the county of Renfrew, Bart., and died April 1669.11 5. Grizel. 6. Marjory, married, 7 October 1671, to William Baillie of 1 Reg. Mag. Sig., 21 December 1637. 2 Retours General, 2673. 3 Diploma of John, Lord Bargany (at Bargany), Bargany MSS. 4 Scotland and the Commonwealth, Scot. Hist. Soc., 9. * Bargany MSS. 6 Record of Retours, MS. Ayrshire, xxvi. 332. 7 Bargany MSS. 8 Edin. Tests., 29 December 1669. 9 Lament's Diary, 145. 10 Cortachy MSS. n Glasgow Tests., 5 July 1669. HAMILTON, LORD BARGANY 29 Lamington,1 and had a son William, who died in his seventeenth year. 7. Hon. Katharine Hamilton, married (marriage-contract December 1676) to William Ouningham of Enterkine, in Ayrshire, and had issue. She died 11 January 1741.2 II. JOHN, second Lord Bargany, was served heir to his father 17 October 1662.3 Being obnoxious to the ministers of King Charles n., he was imprisoned in Blackness Oastle in November 1679, and from there removed to Edinburgh, where, on 24 February 1680, he was served with an indictment for high treason, bearing that in 1674 or 1675 he, with great oaths and execrations, did curse some of the chief nobility of the kingdom, because they would not make themselves the hea4 of the fanatics, and swore that they would never signify anything because they had lost that opportunity ; and because the Duke of Lauderdale had, by his extraordinary care, prudence, and loyalty, defeated the designs which he and the said fanatics were managing for disturbing the government of the church and state, he did, in 1677 or 1678, publicly regret that the English or fanatics did not kill or assassinate his Grace, and did hound out others to assassinate him ; that in 1675 or 1676 he did endeavour to persuade George Martin, no tar in Dailly, that the fanatics would never get their business done while the Duke of Lauderdale was alive, and that a hundred men would do more by assaulting him in his own house at Leth- ington than all they could do beside : Likeas, Mr. John Welsh, a factious trumpet of sedition and treason, having made a trade of convocating the subjects in field-meetings, he did correspond with him, and having directed a letter to him, while he and his accomplices were contriving another rebellion, he did send the same to Sauchill, by his own servant, in May or June last, which being read at the said convocation did encourage that rebellion: that he corresponded with Cunningham of Bedlan, desiring him to repair to the westland army, and persuaded all gentlemen and others to join them, since he and persons of far greater 1 Lives of the Baillies, 4A. 2 Caledonian Mercury. 3 Retours, Ayrshire, 30 HAMILTON, LORD BARGANY quality would do the same : that he gave no notice of his tenants who had been in that rebellion, but did entertain notour rebels in his house: that he did publicly maintain the principles of Naphtali, Jus Populi, Lex Rex, declaring that Scotland would never be well till it wanted episcopacy, and the present government of the Church were destroyed, as unfit for the nation ; and in October or November last did openly declaim against the sacred order and function of episcopacy, swearing he would never be in peace till the curates were rooted out, and that they were all but knaves and rogues.1 This indictment was not brought to trial for want of evidence. The King, on the llth of May 1680, issued a letter to his Privy Council in Scotland, bearing that he had received a petition from Lord Bargany representing his father's loyalty and sufferings, asserting his innocence of the crimes he was indicted for, and attesting God there- upon; and his Majesty, being unwilling he or any of his subjects should receive prejudice by long imprisonment, till there appears evident proof of their guilt, required him to be liberated under proper caution to appear in order to trial, if hereafter sufficient proofs of his guilt should be found. The Council, 3 June, issued an act in terms of that letter, but on the fourteenth of that month the advocate offered an additional libel, that in May or June last year Lord Bargany, hearing of the murder of Arch- bishop Sharp, said it was happy, for he was a great enemy to the cause of God and his people, and the Church of Christ. Lord Bargany was, notwithstanding, released from confinement in the Castle of Edinburgh, on finding security in 50,000 merks to stand trial. After he was at liberty he discovered by diligent investi- gation that Cunningham of Montgrenan and his servant, two of the prisoners taken at Bothwell, were suborned by Sir Charles Maitland of Hatton and Sir John Dalrymple, to give false evidence against him.2 Their depositions, which also affected the Duke of Hamilton, were prepared before- hand, and they were promised a share of the confiscated estates, but as the trial approached, their conscience 1 Wodrow's Church of Scotland, iii. ; Howell's State Trials, ii. 2 Bar- gany MSS. HAMILTON, LORD BARGANY 31 revolted against the crime. Bargany's evidence was ready to be produced before Parliament, 28 July 1681, but the Duke of York interposed to prevent inquiry. Lord Bargany entered heartily into the Revolution, and raised a regiment of six hundred Foot for the public service. He died, 15 May 1693, at ten at night,1 and was buried at Ballantrae, Ayrshire.2 Lord Bargany married, first, in 1662, Margaret Cunning- ham, second daughter of "William, ninth Earl of Glencairn, Lord High Chancellor of Scotland, by whom he had : — 1. John, Master of Bargany, who died, before his father, 1690, and was buried, 27 March, at St. Giles' Church, Edinburgh ; 3 he married, 19 June 1688,4 Jean, daughter of Sir Robert Sinclair of Longformacus, Bart. ; she died 12 December, and was buried, 16 December 1700, in New Church (St. Giles').5 They had one daughter : — (1) Johanna, born 1690,6 heiress of Bargany. She married, 20 March 1707, Sir Robert Dalrymple of Castleton, Knight, eldest son and heir-apparent of the Hon. Sir Hew Dalrymple, Bart., of North Berwick, Lord President of the Court of Session (died 1734), and had issue : 7 — i. Hew, born 12 March 1712, succeeded as second Baronet of North Berwick, died 23 November 1690. He married, contract 15 July 1743, Margaret, daughter of Sainthill, Garlickhill,8 and by her, who died 31 December 1747, had issue. (See title Stair.) He married, secondly, 17 August 1756, Martha Edwin of Savile Row.9 ii. John, born 4 February 1715, took the name and arms of Hamilton of Bargany, on the estates being adjudged to him by a decision of the House of Lords, died 12 February 1796. 10 He married, first, Anne, third daughter of James, fourth Earl of Wemyss, marriage- contract 25 April 1746, n by whom he had no issue ; secondly, marriage-contract 4 July 1769, Margaret Montgomery, sister of Hugh, twelfth Earl of Eg- linton,12 also without issue. She died 25 October 1798.13 iii. Robert, born 30 July 1716, married, 22 July 1745, Jean Record of Retours, MS. xliii. 355. a Bargany MSS. 3 Funeral entry, Lyon Office. 4 Edinburgh Register. 5 Funeral entry, Lyon Office. 6 Canongate Register. 7 The date of Johanna Hamilton's marriage to Sir Robert Dalrymple, and the dates of births of their children are from entries in Bible at Bargany. Johanna died 1719 (Bargany MSS.). 8 Scots Mag. 9 Ibid. 10 Dailly Par. Register. " Memorials of the Family of Wemyss of Wemyss, by Sir W. Fraser. 12 Eraser's Memorials of the Montgomeries, i. 148. 13 Caledonian Mercury. 32 HAMILTON, LORD BARGANY Barclay, heiress of Towie,1 daughter of Sir Alexander Innes or Barclay, Bart. She died May 1746. 2 iv. James, born December 1717, died soon thereafter. v. Marion, born 6 March 1708, died December 1740, married, 1732, to Donald, fourth Lord Reay. vi. Jean, born 1709, died three years thereafter, vii. Elizabeth, born 3 May 1713, died 24 April 1781, married to William Duff of Crombie, Sheriff-Depute of Ayr- shire, who died 8 January 1781.3 2. WILLIAM, third Lord Bargany. 3. Nicolas, married, April 1690, to Sir Alexander Hope of Kerse, Bart., and had a son, Sir Alexander Hope of Kerse. Lord Bargany married, secondly, in 1676, Alice Moore, eldest daughter of Henry, first Earl of Drogheda, dowager of Henry, second Earl of Clanbrassil. She died at Ros- common House, Dublin, 25 December 1677,4 without issue. III. WILLIAM, third Lord Bargany, succeeded his father 1693, was appointed a captain in his father's regiment 1689.5 He took the oaths and his seat in Parliament 9 May 1695, exerted himself in opposition to the Treaty of Union, and died July 1711.6 Lord Bargany, married, first, Mary, born 20 June 1677, eldest daughter of Sir William Primrose of Oarrington, sister of the first Viscount Primrose, by whom he had issue : — 1. John, born 22 March 1696,7 died young. 2. Grizel, married, 15 February 1713,8 as his second wife, to Thomas Buchan of Cairnbulg, advocate, and had issue : — (1) Mary. (2) Anne, (3) Nicolas, married to Thomas Buchan of Auchmacoy, and had issue. Lord Bargany married, secondly, contract dated 6 August 1708,9 Margaret, eldest daughter of Robert Dundas of Arniston, a Lord of Session, sister of the first President Dundas. She died 30 March 1717, and had issue : — 3. JAMES, fourth Lord Bargany. 1 Scots Magazine. 2 Edinburgh Tests. 3 Inscript. on tombstone at Ayr. 4 Bargany MSS. 5 Ibid. 6 Glasgow Tests., 16 March 1750. 7 Dailly Register. 8 Edinburgh Register. 9 Arniston MSS. HAMILTON, LORD BARGANY 33 IV. JAMES, fourth Lord Bargany, was born 29 November 1710, succeeded his father 1711. He travelled abroad for a time, as appears from Hamilton of Bangour's epitaph on the companion of his travels — « With kind Bargeny, faithful to his word, Whom heaven made good and social, though a lord, The cities view'd of many languaged men.' He died, unmarried, at Edinburgh, on 28 March 1736, in the twenty-sixth year of his age, and was buried, 5 April, in the Abbey Church of Holyrood House,1 when the title became extinct. CREATION. — Lord Bargany, 16 November 1641. ARMS. — Stated by Nisbet to have been : — Quarterly, 1st and 4th gules, three cinquefoils ermine, for Hamilton ; 2nd and 3rd argent, a ship sails furled sable, for Arran ; all within a bordure compony argent and azure, the first charged with hearts gules, and the second with mullets of the first. CREST. — A crescent gules. SUPPORTERS. — Dexter, an antelope argent, collared gules, charged with three cinquefoils ermine ; sinister, a savage proper with a shoulder-belt gules charged with cinquefoils ermine and wreathed about the head and middle with laurel vert, holding in his left hand a garb or. MOTTO. — J'espere. [H. H. D.] Register of Burials, Chapel Royal, Holyrood House. VOL. II. BARRET, LORD BARRET OF NEWBURGH IR EDWARD BARRET, of Belhouse, or Belhus, in the parish of Aveley, co. Essex, son and heir of Charles Barret (who was son of Edward Barret of Belhus, and died v. p. 1584), by Christian, daughter of Sir Walter Mildmay, of Apethorpe, co. Northampton, Knt.,1 was born about 1580, suc- ceeded his grandfather Edward Barret in the estate of Belhus 1586. Knighted at Newmarket, 17 April 1608.2 Ambas- sador to France 1625. Was created by Charles I. a Peer of Scotland, by the title of LORD BARRET OF NEW- BURGH, co. Fife,3 by patent, dated at Whitehall 17 October 1627, to himself and the legitimate heirs-male of his body, bearing the name and arms of Barret.4 He was a year afterwards created a Baronet of Nova Scotia.5 Was Chancellor of the Exchequer 1628, and was also 1 By Charles Barret she had, besides Sir Edward Barret, Lord Barret of Newburgh, a son Walter Barret, who died s. p., and two daughters, Dorothy, wife of Charles, second Lord Stanhope of Harrington, and Anne, wife of Sir Robert Harley, Knight of the Bath. She married, secondly, Sir John Leveson, Knight, of Hailing, co. Kent, by whom she had issue. 2 Metcalfe's Book of Knights. 3 He was frequently styled 'Lord Newburgh,' and his will is signed 'E. Newburgh.' 4 Reg. Mag. Sig., 20 June 1628. 5 Complete Baronetage, by G. E. C. BARRET, LORD BARRET OF NEWBURGH 35 Chancellor of the Duchy of Lancaster. He died without surviving issue, and was buried at Aveley, 2 January 1644-45, when the Peerage became extinct. By his will, dated 17 March 1643-44, and proved 7 February 1645-46,1 he devised the manor of Belhus, and all his lands in Essex, upon trust for his distant kinsman Richard Lennard,2 of Horsford, Norfolk, son of Richard, Lord Dacre, by his second wife Dorothy, daughter of Dudley, Lord North, on condition that he should assume the name of Barret. Lord Barret of Newburgh married, first, 17 October 1627, Jane, •daughter of Sir Edward Gary, of Aldenham, co. Herts, and sister of Henry, first Viscount Falkland (by whom he had a daughter Catherine, who died an infant). She died, aged thirty-eight, and was buried at Aveley, 2 January 1632-33. He married, secondly, Catherine, widow of Hugh Perry, Alderman of London, and daughter of Hugh Fenn of Wotton-under-Edge, co. Gloucester, but by her he had no issue. She married, thirdly, 29 September 1623, William Morgan, her steward, and was living as his wife 19 October 1664. CREATION. — Lord Barret of Newburgh, 17 October 1627. ARMS. — Party per pale argent and gules, barry of four pieces counterchanged. CREST. — A hydra, proper. SUPPORTERS. — Two lions or, collared per pale argent and gules. [H. w. F. H.] 1 P. C. C., 15 Twisse. 2 Richard Lennard was descended from the second marriage of Lord Barret' s great - grandmother, Elizabeth, daughter of Thomas Dinely, wife, first, of George Barret, and secondly, of Sir John Baker, of Sissinghurst, co. Kent, Knight. He was Sheriff of Essex 1679, and died at Belhus 1696. His great-grandson, Thomas Barrett-Lennard, seventeenth Lord Dacre, left the estate of Belhus to his illegitimate son, afterwards Sir Thomas Barrett-Lennard, first Baronet. DOUGLAS, VISCOUNT BELHAVEN OBERT DOUGLAS, of Spott, in the county of Haddington, third son of Malcolm Douglas of Mains, was Page-of-hon- our to Henry, Prince of Wales, and afterwards Master of the Horse. He was knighted at White- hall 7 February 1608-9. Upon the death of Prince Henry in 1612, he was appointed by King James to be one of the Gentle- men of the Bedchamber, and was sworn a Privy Councillor on 5 August 1622.1 He was continued in his office by King Charles I., by whom he was re - appointed to the Privy Council 9 June 1631. 2 He had charters under the Great Seal of an annualrent out of the lordships of Torthorwald and Carlyle 14 July 1612 and 3 June 1613,3 of the lordship of Torthorwald 11 September 1617,4 of the lands of Spott, and office of chamberlain and bailie of the lordship of Dunbar, united into a free barony of Spott 24 April 1624,5 and of certain lands of the lordship of Dunbar 29 June 1631. 6 On 24 June 1633, he was created a Peer of Scot- land, by the title of VISCOUNT OF BELHAVEN, in the county of Haddington, with destination to himself and the heirs-male of his body. In 1634 he acquired from Sir George Elphinston of Blythswood, the barony of Gorbals. 1 P. C. Reg., xiii. 42. 2 Ibid., second series, iv. 263. 3 Reg. Mag. Sig. 4 Ibid. 6 Ibid. 6 Ibid. DOUGLAS, VISCOUNT BELHAVEN 37 He died at Edinburgh 14 January 1639, aged sixty-six, and was buried in the vestry of the Abbey of Holyroodhouse, where a fine monument was erected to his memory by his nephews, Sir Archibald and Sir Robert Douglas. He married, May 1611, Nicolas, eldest daughter of Robert Moray of Abercairny, who died, November 1612, after giving birth to a child who did not survive, and was buried in the Savoy Chapel, where there is a monument to her memory surmounted with a recumbent figure of her husband. By a Miss Whalley of the county of Nottingham,1 he had two natural children, John and Susanna, who had letters of legitimation under the Great Seal 30 July 1631. 2 Susanna, then aged eighteen, had a licence from the Bishop of London to marry at St. Andrew's, Holborn, on 2 February 1635-36, a widower, aged thirty-four, Robert Douglas, afterwards Sir Robert Douglas of Blackerston, to whom and his spouse, Lord Belhaven, in 1636, made over the barony of Gorbals, reserving his own liferent. By them it was sold in 1650 to the Corporation of Glasgow. They had issue a large family. CREATION.— Viscount of Belhaven, 24 June 1633. ARMS. — According to Sir James Balfour, Argent, within a double tressure flory counterflory, a heart gules crowned or under a fess of the second charged with two mullets of the field, a martlet for difference. CREST. — An ermine proper. SUPPORTERS. — Two cocks of game, proper. But a stone on the Gorbals Court House has the mullets on a chief, and for supporters, dexter, a savage holding in his exterior hand a club, and, sinister, a lion imperially crowned. MOTTO. — Sans tache. [F. J. G.] 1 Birthbriefs, Lyon Office, S. 10, i. 90. 2 Beg. Mag. Sig. HAMILTON, LORD BELHAVEN OHN HAMILTON, of Broomhill, natural son of James, first Lord Hamilton, and illegiti- mate brother of James, first Earl of Arran, had a letter of legitimation under the Great Seal of Scotland 20 January 1512-13,1 and died about 1550. He married, first, Elizabeth, daughter and heir of Patrick Hamil- ton of Udston, and widow of John Hamil- ton of Nielsland, Lanark- shire. By her he had issue. He is said to have married, secondly, Margaret, daughter of Dalzell of Dalzell, in the same county. By her he had issue : — 1. JOHN, his heir. 2. Robert of Alanshaw. He had also a daughter, Margaret; it does not appear by which wife. She had a charter from Gavin, Oommen- dator of Kilwinning, to herself in liferent, and her son, Gavin Hamiltoun, in fee, of a tenement in Irvine 26 June 1559, charter of confirmation under the Great Seal 18 January 1576-77.2 JOHN HAMILTON of Broomhill, the eldest son, had a charter from Thomas Neilsoun, perpetual vicar of the 1 Reg. Mag. Sig. 2 Ibid. THROUGH HAMILTON, LORD BBLHAVEN 39 parish of Stanehous, of the ecclesiastical lands of Stane- hous, in Lanarkshire, 29 March 1560, charter of confirma- tion under the Great Seal 1 February 1565-66.1 He married Anne, daughter of Hamilton of Kilbrachmont in Fife, and had issue : — SIR JAMES HAMILTON of Broomhill, Sheriff of Lanark. He married Margaret, eldest daughter of William Hamilton of Udston, and had issue : — I. SIR JOHN HAMILTON of Broomhill, afterwards of Biel. For his loyalty to Charles i. he was created LORD BELHAVEN AND STENTOUN, to himself and the heirs- male of his body, whom failing his heirs-male whomsoever, by patent dated 15 December 1647.2 He accompanied Hamilton's expedition into England to attempt the rescue of the King in 1648, and was present at the battle of Preston. In 1675, being without male issue, he resigned his title into the hands of Charles n., who re-granted it by patent, dated 10 February 1675, conferring the Peerage on him for life, with remainder after his decease to the husband of one of his grand-daughters, John Hamilton, eldest son of Robert Hamilton, one of the clerks of Council and Session, and the heirs-male of his body, whom failing, to his nearest heirs-male whomsoever.3 The first Lord Bel- haven died 17 June 1679. Of him the following remarkable story is told by a contemporary : ' My Lord Belhaven with- out any example I ever heard of in Scotland, with his Ladie a very cuthie woman's advyce, did faine death, and for seven years was taken by all for dead, yet now (1661) appears again safe and sound in his own house. He was much engadged for Duke Hamilton: fearing the creditors might fall on his person and estate, and knowing, if he were reputed dead, his wife by conjunct fee and otherwise would 1 Reg. Mag. Sig. 2 Recited in the re-grant aftermentioned. 3 Beg. Mag. Sig., Ixv. 88, MS. Printed in the Minutes of Evidence taken before the Committee for Privileges, to whom were referred the Petitions of James Hamilton and Lieut. -Col. R. W. Hamilton, both claiming the title of Lord Belhaven and Stenton (House of Lords Sessional Papers, Minutes ordered to be printed 7 July 1874). The genealogical statements contained in the present article are based chiefly on the documents produced in evidence in this case. 40 HAMILTON, LORD BELHAVEN keep his estate : he went with his brother and two servants, towards England. These returned affirming that on Solway Sands my Lord was carried down by the river and they could no rescue him. His horse and his hatt they got, but when all search was made his bodie could not be found. His ladie and friends made great dool for him and none controverts his death. In the meantime he goes beyond London and farms a piece of ground and lives verie privatlie there. He had but one boy, a verie hopeful youth and prettie scholar. God strikes him with a fever as his mother said, but as others saith a fall from a horse, whereof in a few dayes he dies. In this reall death by God's hand who will no be mocked, the hope of that house perished. So that as the Duke's death was satisfied by selling his own lands, the secret journies of my Lord to his own house were espied and so much talked of that he now at last appears in public for his great disrepute, and though he disposes of his estate to his good son Silverton after his death yet many think that both their estates will go.'1 Nicol2 says Lord Belhaven was absent for six years and came back in 1659, having hired himself to be a gardener in England. He married Margaret,3 natural daughter of James, second Marquess of Hamilton, and had issue : — 1. a son, who died about 1661 as above stated. 2. Margaret, married in 1650 to Sir Samuel Baillie, younger of Lamington, with issue. He died 8 March 1668 ; she died 18 March 1674.4 3. Anne, married to Sir Robert Hamilton of Silvertonhill, Baronet, and had issue : — (1) Sir Robert Hamilton, Baronet. (2) Thomas. (3) Margaret, married to John Hamilton, second Lord Belhaven. (4) Anne, married to Sir William Craigie of Gairnie, without issue. (5) Elizabeth, married John Livingstone. (6) Mary. The second Lord Belhaven was descended from John Hamilton of Nielsland, in Lanarkshire, fourth son of James Hamilton of Raploch, in the same county. John Hamilton married Elizabeth, only child of Patrick Hamilton of 1 Baillie, iii. 436. 2 Diary, 233. 3 A remarkable adinon. of the goods of Lord Belhaven was granted 11 November 1656, Lady Margaret the relict renouncing ; v. Complete Peerage, i. 306 (note c). 4 Lives of the Baillies, 41. HAMILTON, LORD BELHAVEN 41 Udston (she was married, secondly, to John Hamilton of Broomhill, v. supra, p. 38), and by her had issue : — JOHN HAMILTON of Udston, killed at the battle of Lang- side, on the side of Queen Mary, 13 May 1568. He is said to have married a daughter of Sir Robert Dalzell of Dalzell, and had issue : — William of Udston, called 'Willie Wisehead.' He had a son, John of Udston, who had a charter ' Joanni Hamilton de Udston, fllio et haeredi Willielmi,' of a tenement and garden in Hamilton, 20 April 1593. He married Margaret, daughter of James Muirhead of Lachop, in Lanarkshire, by Janet, sister of James Hamilton of Bothwellhaugh, who killed the Regent Murray. By her he had issue : — 1. John Hamilton of Ooltness, married Helen Whiteford, daughter of Milton, and had issue : — (1) John Hamilton of Udston, a Commissioner of Supply for Lanarkshire, 1645, 1648, 1649, married a daughter of Sir Archibald Stewart of Castlemilk, and had issue, John, his heir, Robert, a writer in Edinburgh, and six daughters, married respectively to Cunningham of Gilbertland, William Hamilton of Wishaw, Gladstanes of Gladstanes, Hamilton of Grange, Learmont of Newholm, and James Hamilton, minister of Eaglesham. John, the eldest son, Sheriff of Clydesdale, married Margaret, daughter of Cleland of Cleland, and had a daughter married to Hamilton of Barr, and a son, John Hamilton of Udston, collector of customs at Prestonpans, who married Elizabeth, third daughter of Robert Brown of Coalstoun, by whom he had two sons, Alexander and William, and a daughter Margaret. Alex- ander Hamilton married Elizabeth, daughter of William Gumming of Drummine, and had two sons, William and John. William assumed the title of LORD BELHAVEN, and voted as such at the election of representative peers in 1790 (see p. 47). He was a captain in the Twenty-second Foot, with the rank of major in the army, and died 19 January 1796. (2) William. (3) Margaret, married to Hamilton of Airdrie. 2. JAMES HAMILTON of Barncleuch, of whom presently. 3. WILLIAM HAMILTON of Wishaw, ancestor of the present Peer. His descendants will be dealt with later. (See p. 48.) 4. Margaret, married to Sir James Hamilton of Broom- hill, mother of the first Lord Belhaven. 5. Barbara, married to Ralston of Ralston. 42 HAMILTON, LORD BELHAVEN 6. Jean, married to John Hamilton of Gilkerscleugh. 7. Catherine, married to Baillie of Park.1 JAMES HAMILTON, first of Barncleuch, acquired that estate by his marriage with Margaret, daughter and heir of Robert Hamilton of Barncleuch. By her he had six sons : — 1. Quintin Hamilton of Barncleuch, who was infeft in Barncleuch, as heir of his father, 21 May 1635. He had one son John, who died without issue before 21 February 1705. 2. James Hamilton, minister of Eaglesham, died 1684, aged about sixty-six. He married, 30 March 1652, Helen, youngest daughter of John Hamilton of Udston (see p. 41), and had four sons and two daughters.2 3. ROBERT HAMILTON, of Presmennan, of whom afterwards. 4. Archibald Hamilton of Rosehall, merchant in Edin- burgh, created a Baronet 10 April 1703, died before 17 March 1710, when his son was served heir to him.3 He married, first, Elizabeth, daughter of Jardine of Applegarth, by whom he had issue : — (1) John, baptized 4 February 1672, probably died young. (2) Margaret, married, 7 July 1693, to James Hamilton of Dalzell, who died 1727; she died 22 March 1704, cet. thirty-three, leaving issue.4 (3) Elizabeth, married to William Cunningham of Brownhill, died 1 March 1760. Sir Archibald Hamilton married, secondly, Bethia,5 daughter of Murray of Deuchar, and by her had : — (4) Archibald, baptized 28 October 1681, died s. p. (5) Sir James Hamilton of Rosehall, Baronet, baptized 24 Novem- ber 1682, served heir to his father 17 March 1710; M.P. for Lanarkshire 1735, re-elected 1741 and 1747 ; married, 2 March 1707, Hon. Frances Stuart, second daughter of Alexander, fifth Lord Blantyre, and died, without issue, at London, 1 March 1750. (6) William, baptized 18 January 1684, died s. p. (7) Alexander, baptized 8 May 1685, died s. p. (8) Robert, baptized 13 January 1688, died s. p. (9) Sir Hugh Hamilton of Rosehall, Baronet, served heir to his brother 27 November 1750, died at Rosehall 1 September 1755. Married, 23 June 1750, Margaret, daughter of James Stirling of Keir, and had issue : — i. Marion Hamilton, died 28 July 1757. 1 Douglas's Baronage. * Scott's Fasti, ii. 64, and authorities there cited. 3 Douglas's Baronage. 4 Statistical Account, xxi. 237. 6 Edin- burgh Reg. of Baptisms. HAMILTON, LORD BELHAVEN 43 Sir Hugh dying without male issue, the title of Baronet became extinct, and the estate of Rosehall devolved on his nephew of the half-blood, Archibald Hamilton of Dalzell, who was served heir to him 5 October 1757. (10) Eupham, baptized 10 August 1680. (11) Anna, baptized 3 October 1686. l 5. John Hamilton, and 6. William Hamilton, both of whom died without male issue. ROBERT HAMILTON of Presmennan, third son of James Hamilton of Barncleuch, admitted Writer to the Signet 24 March 1648 ; advocate 13 January 1677 ; one of the principal clerks of Session 1661-76 ; a Senator of the College of Justice, under the title of Lord Presmennan, 1 November 1689. He was knighted after the Revolution, and died at Edinburgh, 10 November 1695. Married Marion, eldest daughter of John Denholm of Muirhouse, and had issue : — 1. JOHN, second Lord Belhaven. 2. James of Pencaitland, baptized 28 August 1659; admitted Writer to the Signet 19 February 1683 ; appointed a Senator of the College of Justice, by the title of Lord Pencaitland, 8 November 1712, also a a Commissioner of Justiciary. Demitted office as Commissioner of Justiciary, 4 July 1726, by reason of the gout and other bodily infirmities.2 Died 1729. Married Catherine, daughter of James Denholm of Westshiels,3 and had issue :— (1) John, who succeeded to Pencaitland, and died without sur- viving issue, 14 February 1724.4 He married Margaret, heiress of Alexander Menzies of Saltcoats in Haddington- shire (she afterwards married the Hon. William Carmichael of Skirling, second son of the first Earl of Hyndf ord), and had issue :— i. James, born 25 January 1710, died young. (2) Alexander of Dechmont, Linlithgowshire, W.S. He suc- ceeded his brother John in Pencaitland, and made an entail of Pencaitland, Dechmont, Saltcoats, etc. , to Mary Hamilton, his only child, dated 31 January 1747. This entail was made in view of her marriage.5 He died at Pencaitland 21 March 1 All these children except Hugh recorded in Edinburgh Register. 2 Original Demission in Charter-chest of Fletcher of Salton ; MS. Notes in Sir William Eraser's copy of Douglas. 3 Coltness Collections, 6. 4 Special Retour of his brother Alexander, as heir to him in Pencaitland, 7 April 1724 ; Eraser's MS. Notes. 6 Eraser's MS. Notes. 44 HAMILTON, LORD BELHAVEN 1758. He married Mary, eldest daughter of Sir Francis Kinloch of Gilmerton, Baronet (she died 24 February 1772), and had issue : — i. Mary, heiress of Pencaitland, Saltcoats, Dechmont, and Barncleuch. On the death of the fifth Lord Belhaven in 1777, she succeeded, in default of heirs- male, to his estates of Biel and Presmennan. She married, at Edinburgh, 2 February 1747, William Nisbet of Dirleton, who died at Edinburgh, 1 March 1783. i She died 13 March 1797, having had issue. (3) Robert , baptized 16 July 1686. (4) Marion, baptized 17 February 1685. (5) Anna, baptized 8 August 1687.2 3. Archibald, baptized 4 May 1662. 4. Robert, baptized 23 October 1664. 5. William, baptized 24 December 1665 ; admitted W.S. 9 October 1697 ; died s. p. 6. Daniel, baptized 1 September 1669; writer in Edin- burgh; married, 30 December 1700, Mary, daughter of Robert Hamilton of Monkland. 7. Robert, baptized 17 December 1670, captain in the First or Royal Regiment of Foot. 8. Quentin, baptized 28 April 1672. 9. Harry, baptized 7 September 1673 ; a surgeon-apothecary in Edinburgh ; married Catherine Ross ; died s. p. m. 10. Thomas of Presmennan, baptized 9 May 1675 ; advocate 1701 ; for forty years Master of the King's Ward- robe in Scotland ; died s. p. 7 May 1749. 11. Catherine, baptized 27 August 1654. 12. Anne, baptized 1 August 1658 ; married to Alexander, fifth Lord Blantyre, with issue. 13. Marion, baptized 3 March 1661. 14. Margaret, baptized 25 September 1663. 15. Rachel, baptized 19 May 1667. 16. Cecil, born 6 July 1676.3 Married to Sir Robert Stewart of Tillicoultry, Baronet, a Lord of Session, second son of Sir James Stewart of Bute, and had issue. Died at Edinburgh 21 November 1762.4 II. JOHN HAMILTON of Biel, eldest son of Lord Presmennan, was born at Edinburgh 5 July 1656, and married, 1674, Margaret, eldest daughter of Sir Robert Hamilton of Silver- 1 Fraser's MS. Notes. 2 The last three children are recorded in the Edinburgh Register. 3 Edinburgh Register of Births. 4 All these chil- dren recorded in the Edinburgh Register. HAMILTON, LORD BELHAVEN 45 tonhill, Baronet, by his wife, Anne, daughter of John, first Lord Belhaven. She survived him, and died 4 January 1717. On the death of that Lord, in 1679, this John Hamilton suc- ceeded as second Lord Belhaven, in terms of the limitations of the patent of 10 February 1675. (See p. 39.) In the Scots Parliament of 1681 he opposed the measures of the Government, and during the debate on the Test Act he spoke of it as failing 'to secure our religion from a popish or fanatical successor to the Crown,' a remark obviously aimed at the Duke of York. For this he was committed prisoner to Edinburgh Castle, and the King's advocate declared that there was matter for an> accusation of treason against him ; but having ' on his knees at the bar craved pardon,' he was restored to his place in Parlia- ment. He was one of the Scots nobles who in January 1689 invited Williana of Orange to assume the government, and to call a Convention of the Estates, and at the meeting of the Convention he took part in the settlement of the crown on William and Mary. In June 1689 he was ap- pointed a Commissioner for executing the office of Clerk of Register, and in July a member of the Scots Privy Council. He commanded the Haddingtonshire troop of horse at the Battle of Killiecrankie, 27 July 1689. He was one of the farmers of the poll-tax, which was leased at £30,000 ster- ling in 1693 ; and of the excise in Scotland from September 1695 to March 1697, at the rate of £80,800 sterling for those eighteen months, from which the Parliament of Scotland, 18 September 1705, allowed £17,181 to be de- ducted. He was a warm supporter of the Darien Scheme, being one of the few subscribers of £1000 to the South African Company. On the accession of Queen Anne he was continued a Privy Councillor. In the Scots Parliament of 1703 he actively supported the Act of Security. He was accused of having taken part in the so-called t Scotch plot ' of that year for a Stuart restoration. He was appointed a Com- missioner of the Scots Treasury in August 1704, but was removed next year. He was a strenuous and eloquent opponent of the Union. His speech against it on 2 November 1706 remains the best- known example of the oratory of the old Scots Parliament. 46 HAMILTON, LORD BELHAVEN In 1708 he was arrested and sent in custody to London on suspicion of favouring the attempted French invasion of that year. He was examined by the English Privy Council and admitted to bail. He died a few days afterwards, on 21 June 1708, of inflammation of the brain. Lord Belhaven published An Advice to the Farmers in East Lothian to Labour and Improve their Grounds. One writer states that 4 he was of a good stature, well set, of a healthy constitution, black complexion, and graceful, manly presence, had a quick conception, with a ready and masculine expression, and was steady in his principles, both in politics and religion.'1 By another critic he is described as a 'rough, fat, black, noisy man, more like a butcher than a lord.'2 There is a portrait of him in Pinkerton's Scottish Gallery, 1799.3 He had two sons : — 1. JOHN, third Lord Belhaven. 2. James, advocate, 1703; assistant solicitor to the Boards of Customs and Excise in Scotland, 1717; married Anne, daughter of John Walkinshaw of Walkinshaw ; died, without issue, 28 June 1732. III. JOHN, third Lord Belhaven, the eldest son, succeeded his father in 1708. He was chosen one of the sixteen Repre- sentative Peers for Scotland in 1715, was appointed one of the Gentlemen of the Bedchamber to George, Prince of Wales, and commanded the East Lothian troop of Horse at Sheriffmuir 13 November 1715. He was appointed Governor of Barbadoes, and was lost on his passage out to that colony on board the Royal Anne Galley, off the Lizard, 17 November 1721. He married Anne, daughter of Andrew Bruce, merchant in Edinburgh, a cadet of the family of Earlshall in Fife, and had issue : — 1. JOHN, fourth Lord Belhaven. 2. Andrew, an officer in the army, died, unmarried, in 1736. 3. JAMES, fifth Lord Belhaven. 4. Robert, a major in the army ; served in the Expedition to Carthagena under Lord Cathcart in 1741 ; died unmarried in 1743. 1 Beyer's Queen Anne, Appendix, p. 44. 2 Macky's Memoirs, 236. 3 Diet, of Nat. Biog. ; FountainhaU's Historical Notices of Scottish Affairs, ii. 307: Acta Parl. Scot.,viu. 247a, ix. 27b; Defoe's History of the Union (ed. 1786), 317. HAMILTON, LORD BELHAVEN 47 5. Margaret, married to Alexander Baird, son of Sir William Baird of Newbyth. IV. JOHN, fourth Lord Belliaven, succeeded his father 1721. He was General of the Mint, and a member of the Board of Manufactures. He died, unmarried, at Newcastle, 28 August 1764, and was succeeded by his next surviving brother, V. JAMES, fifth Lord Belhaven, who entered the Faculty of Advocates 1728, was appointed assistant solicitor to the Boards of Customs and Excise 1733, and Sheriff-depute of the county of Haddington, on the abolition of heritable jurisdic- tions, 1747. He died, unmarried, at Biel, 25 January 1777. By virtue of an entail executed by John, second Lord Belhaven, 17 October 1701, settling his estates on the heirs- male of the body of his father, Lord Presmennan, whom failing, on the heirs-female ; which entail was confirmed by James, fifth Lord Belhaven, by another entail of 14 May 1765, wherein he excluded the jus mariti of the husbands of the heirs-female succeeding to the property ; the whole male descendants of Lord Presmennan having failed, the family estates devolved on Mrs. Mary Hamilton Nisbet of Pencaitland, Saltcoats, and Dechmont, wife of William Nisbet of Dirleton. She was accordingly served heir of tailzie and provision to James, fifth Lord Belhaven, 3 December 1783.1 The whole male descendants of James Hamilton of Barncleuch having also failed, the title of Lord Belhaven, in terms of the patent of 1675, devolved on Robert Hamil- ton sixth of Wishaw, the direct heir-male of William Hamilton, third of Wishaw, third son of John Hamilton of Udston, as the heir-male whomsoever, according to the law of Scotland, of the second Lord. The title was, however, assumed by Captain William Hamilton (see p. 41) as lineal descendant and heir-male of John Hamilton of Ooltness, the eldest son of John Hamilton of Udston. He appeared by his proxy, the Earl of Balcarres, at the General Election 1 Entails and retour of service printed in Minutes of Evidence, Belhaven Case, 9. 48 HAMILTON, LORD BELHAVEN of Representative Peers, held on 24 July 1790, and voted as Lord Belhaven. This vote was protested against by Mr. Hamilton of Wishaw and the Earl of Lauderdale, and the matter having been brought before the House of Lords by several Peers, that House on 25 February 1793, resolved the question ' that the votes given by the person who voted at the said election under the title of Lord Belhaven, were good ' in the negative.1 In 1795 William Hamilton of Wishaw, eldest son and heir of Robert, presented a petition to King George in. claiming the Peerage under the remainder in the patent of 1675, as heir-male whomsoever of the second Lord, and this claim was determined in his favour on 19 April 1799. His descent was as follows : — WILLIAM HAMILTON, first of Wishaw, the third son of John Hamilton of Udston, and Margaret Muirhead (see p. 41), died about 1642. He married, in August 1621, Beatrix, daughter of James Douglas of Morton, and had issue : — 1. JAMES HAMILTON, second of Wishaw, who died s. p. m. before 1654. 2. John Hamilton, who died s. p. at Gartness in 1666. 3. WILLIAM HAMILTON, of whom hereafter. 4. Quintin Hamilton, who died s. p. 5. Margaret, married to George Oleland of Gartness. WILLIAM HAMILTON, sometime writer in Edinburgh, acquired the rights of his immediate elder brother to the property and was styled third of Wishaw. He was dis- tinguished as an antiquary and genealogist, and is referred to by George Crawford, the historian of Renfrewshire, ' as that fam'd antiquary, William Hamilton of Wishaw,' while Nisbet acknowledges his obligations to him in the produc- tion of his Heraldry. He left a manuscript 4 Account of the Shyres of Renfrew and Lanark,' which is preserved in the Advocates' Library. It was used by both Crawford and Nisbet, was edited by William Motherwell, and printed by the Maitland Club in 1832.2 He died about 1726. He 1 Belhaven Case ; Case for the claimant, James Hamilton, In. 2 Diet. Nat. Biog. HAMILTON, LORD BELHAVEN 49 married, first, in 1660, his cousin Anne, daughter of John Hamilton of Udston, and had issue who survived : — 1. William, born at Auldstoun, 4 May 1661, and died unmarried before his father. 2. ROBERT, younger of Wishaw, born at Wishaw 6 July 1664, of whom afterwards. 3. James, born at Edinburgh 10 January 1666, died with- out issue. 4. Archibald, born at Edinburgh 22 January 1667, married Miss Hamilton, heiress of Dalserf , and had issue. 5. John, born at Edinburgh 30 November 1667, died s. p. 6. Thomas, born at Wishaw 9 October 1669, died young. 7. Margaret, married to Oleland of Oleland. William of Wishaw married, secondly, at Edinburgh, 31 August 1676, Mary, eldest daughter of the Hon. Sir Charles Erskine of Alva, Baronet, fifth son of John, seventh Earl of Mar, and had 'issue by her: — 8. Charles Hamilton of Weatherley, born 17 December 1678, married, 1699, Euphemia, youngest daughter of Sir Archibald Hamilton of Rosehall, Baronet, by whom he had : — (1) William, born 28 December 1700, died young. (2) Bethia, born 31 January 1702, married to her cousin William Hamilton of Wishaw (p. 52). (3) Archibald, born 7 January 1703, died young. (4) Charlotte, died unmarried. 9. John Hamilton of Newton, born 30 November 1680; admitted a W.S. 3 March 1707. He is mentioned in Lockhart's Memoirs as the person sent by the Jacob- ites in Scotland in 1708 to the Duke of Hamilton, then at Ashton in Lancashire, with intelligence of the projected French invasion. Died at Edinburgh 25 January 1757. He married Jean, daughter of Garthshore of Garthshore, and had issue : — (1) Helen, married in 1741, to Sir Patrick Murray of Ochtertyre, Baronet, and had issue ; died at Gartly 11 July 1773. (2) Jacobina, married to Sir George Dunbar of Mochrum, Baronet, and had issue ; died at Edinburgh 28 January 1792. 10. William, born 6 August 1685, bred to the law of Scot- land, went to London soon after the Union, was called to the English Bar, and became a Bencher of Lincoln's Inn. Horace Walpole wrote of him that VOL. II. D 50 HAMILTON, LORD BELHAVEN he was 4 the first Scot who ever pleaded at the English Bar, and, as it was said of him, should have been the last.' He died 15 January 1754. He married Helen, daughter of David Hay of Wood- cockdale, in the county of Linlithgow, sister of David Bruce of Kinnaird, and had issue :— (1) Robert Hamilton, born 1724, died 1737. (2) The Right Hon. William Gerard Hamilton, born in Lincoln's Inn Fields, 28 January 1729 ; elected M.P. for Petersfield on a vacancy 1754, and re-elected at the general election in the same year; for Pontefract 1762, for Old Sarum 1768, for Wareham 1774, for Wilton 1780 and 1784, and for Hasle- mere 1790; was in eight successive Parliaments, and sat forty-two years in the House of Commons. He also sat in the Irish Parliament for the borough of Killebegs 1761-68. Appointed one of the Commissioners of Trade and Planta- tions 1756 ; Chief Secretary to the Lord-Lieutenant of Ireland 1761; Chancellor of the Exchequer in Ireland 1763-84; Privy Councillor in Ireland, and had a pension of £2000 a year on the Irish establishment. His famous maiden speech in the debate on the Address, 13 November 1755, earned him the name of ' Single-speech Hamilton.' It was to him that Dr. Johnson paid the ponderous compliment : * I am very unwilling to be left alone, sir, and therefore I go with my company down the first pair of stairs, in some hopes that they may, perhaps, return again. I go with you, sir, as far as the street door.' He died unmarried in London, 16 July 1796.1 11. Thomas, born 13 August 1687, an officer in the army, died unmarried before 1758. 12. Alexander, born 21 May 1693. Solicitor, London. Died in 1781. Married, first, Frances Dalzell, by whom he had no issue, secondly, Barbara Lilley, by whom he had : — (1) William Hamilton of Lincoln's Inn, died 27 April 1811, married Sarah Allan, without male issue. (2) John Robert Hamilton, died young. (3) ANTHONY HAMILTON, born 5 May 1739. Vicar of St. Martin's- in-the-Fields, rector of Hadham, Hertfordshire, archdeacon of Colchester, D.D. Married, 12 February 1767, Anne, daughter of Richard Terrick, Bishop of London. Died 4 October 1812. He was the ancestor of the present (tenth) Lord Belhaven. His descendants will be dealt with later (p. 56). (4) Alexander Hamilton, died in infancy. (5) Alexander Lilley Hamilton, died young. 1 Diet. Nat.Biog. ; Walpole's Letters (ed. Cunningham), ii. 484; Boswell's Johnson (ed. Hill), i. 490. HAMILTON, LORD BELHAVEN 51 13. Helen, married, 31 March 1694, to Andrew Baillie of Parbroath, and had issue : — (1) Robert Baillie of Parbroath, whose son, Colonel Alexander Baillie, married Euphemia Hamilton, sister of Robert, de jure sixth Lord Belhaven, and died without issue in 1814. (2) Helen, born 20 August 1708, married to James Hamilton of Stevenston (see p. 55). 14. Catherine, born 13 May 1682, married to the Rev. David Pitcairn, minister of Dysart, with issue. He died 18 April 1757, aged eighty-three ; she died 3 March 1758.1 15. Mary, married to Dr. David Balfour, son of Sir Michael Balfour of Denmiln, without issue. 16. Janet, married to Alexander Garthshore of Garthshore, without issue. 17. Christian, who died young. 18. Anne, born 11 February 1692, married to James Bogle, Receiver-General of the Customs in Scotland, and had issue. ROBERT HAMILTON, younger of Wishaw (p. 49), died before his father William Hamilton, third of Wishaw, having married, in 1686, Jean, eldest daughter and heiress of Robert Hamilton of Brownmuir, by whom he had issue : — 1. William, who apparently died young, as his immediate younger brother bore the same name, and succeeded their father in the estate of Wishaw. 2. WILLIAM HAMILTON, fourth of Wishaw. 3. Robert Hamilton, born at Glenhoove 3 March 1691. Minister of Hamilton. Died 13 July 1765. Married, 9 March 1721, Cecil, daughter of the Rev. Francis Borland, minister of Glassford.2 By her, who pre- deceased him, he had issue : — (1) James, born 19, baptized at Hamilton 24 December 1721. Minister of the Abbey Parish of Paisley. Married, 3 Aug. 1761, Elizabeth, daughter of the deceased Rev. Robert Millar. Died, without issue, 14 March 1782. His wife died 25 September 1798.3 (2) Robert, born 20 August, baptized at Hamilton 1 September, 1723. Predeceased his father without issue. (3) Francis, born 8, baptized at Hamilton 16, April 1727 ; died unmarried. (4) Anne. (5) Rachel. 1 Scott's Fasti, ii. 535. 2 Ibid., 259. 3 Ibid., 199. 52 HAMILTON, LORD BELHAVEN 4. John, born at Glenhoove 27 September 1692. His issue male, if he had any, were extinct before 1795. 5. JAMES, first of Stevenston (ancestor of the ninth Lord Belhaven), as to whom see p. 55. WILLIAM HAMILTON, fourth of Wishaw, was born at Glen- hoove 2 February 1690, and was killed by a fall from his horse between Hamilton and Wishaw, 16 April 1756. He married, on 16 December 1726, his cousin, Bethia, eldest daughter of Charles Hamilton of Weatherley, eldest son of William Hamilton, third of Wishaw, by his second marriage, and by her, who was born 31 January 1702, and died at Luthrie, 2 October 1785, had issue :— 1. CHARLES, born at Wishaw 19 September 1727; suc- ceeded his father as fifth of Wishaw ; died unmarried 15 May 1763. 2. William, born at Wishaw 25 October 1728 ; an officer in the army ; died, without male issue, before his brother Charles. 3. ROBERT, sixth of Wishaw. 4. James, born at Wishaw 8 June 1734; married Anne, daughter of James Bowie of Holehouse ; died at Falkirk 14 August 1787. 5. John, born at Wishaw 5 November 1737. Married, first, at Edinburgh, 15 June 1762, Isabella, daughter of Sir Henry Stirling of Ardoch, Baronet, and had issue : — (1) William, who went to Jamaica, and died there s. p. m. (2) Henry, who also went to Jamaica, and died there s. p. m. He held an ensign's commission on half -pay in the Seventy-First Regiment, from which he was gazetted to an ensign's full- pay commission in the Eighty- Third Regiment in 1799, which was cancelled. His name continued in the Army List on the half -pay of the Seventy-First until 1808, when it was struck out * in consequence of his not having received his half -pay for the last seven years.' John Hamilton married, secondly, Miss Graham, by whom he had a son, (3) Alexander. 6. Archibald, born at Wishaw 10 October 1739; died unmarried. HAMILTON, LORD BELHAVEN 53 VI. ROBERT HAMILTON, born at Wishaw 3 May 1731 ; became sixth of Wishaw on the death of his brother Charles, on 15 May 1763 ; was served heir-male and of line, and also heir of provision of his father, William Hamilton, fourth of Wishaw, on 24 January 1770. He became de jure sixth Lord Belhaven on the death of James, the fifth Lord, and the last of the Biel line, in 1777, but never assumed the title, and died at Wishaw 27 March 1784. He married, at Edinburgh, 11 February 1764, Susan, second daughter of Sir Michael Balfour of Denmiln, Baronet, and by her, who died at Edinburgh 9 January 1789, had issue : — 1. WILLIAM, who succeeded as seventh Lord Belhaven. 2. Robert, born 17 and baptized 21 April 1767 ; a colonel in the army ; died, at Edinburgh, 27 November 1835, unmarried. 3. Charles, born 16 December 1769 ; baptized 1 January 1770 ; died before 18 May 1778.1 4. Michael, born 8, baptized 15, July 1772; died before 18 May 1778. 5. Peter Douglas or Patrick Douglas, sometime lieutenant Twelfth Light Dragoons; buried, at Newcastle, 19 August 1827, unmarried. 6. Mary, born 14, baptized 19, December 1765 ; died, un- married, at Edinburgh, 4 June 1793. 7. Jean, born 26 January, baptized 2 February, 1769 ; married, 24 February 1791, to George Ramsay of Barnton, who died in February 1810, and had issue. She died 9 October 1841. 8. Betty, born 24 December 1770, baptized 1 January 1771 ; married, 9 December 1791, to William Ramsay, banker in Edinburgh; died, in Charlotte Square, Edinburgh, 30 August 1809, leaving issue. 9. Susannah, born 1, baptized 10, September 1773 ; died in December 1828. 10. Euphame, born 17 February 1775 ; died unmarried. VII. WILLIAM, seventh Lord Belhaven, born 13 January 1765, succeeded his father 21 March 1784, but did not assume 1 Date of a bond of provision to the younger children in which Robert and Patrick are the only sons mentioned. Charles and Michael are not mentioned in Douglas. 54 HAMILTON, LORD BBLHAVBN the title till the decision of the House of Lords in his favour as above-mentioned, on 19 April 1799. He served in the Third King's Own Regiment of Dragoons, and was afterwards colonel of the Lanarkshire and Dumbartonshire Fencible Cavalry, and lieut.-colonel of the Lanarkshire Militia. He died at Wishaw, 29 October 1814. He married, at Edin- burgh, 2 March 1789, Penelope, youngest daughter of Ranald Macdonald of Clanranald, and by her, who died at Edinburgh, 5 May 1816, had issue :— 1. ROBERT MONTGOMERIE, eighth Lord Belhaven. 2. William, born 1797; captain in the Bengal Native Infantry; married, at Calcutta, 25 September 1834, Marcellina Antonia Mendes (who died 22 October 1858), widow of P. Mendes; died, without male issue, at Serampore, 3 July 1838. 3. Penelope. 4. Susan Mary, married, 17 November 1820, to Peter Ramsay, banker, Edinburgh, who died 31 August 1855. She died 30 December 1856, leaving issue. 5. Flora, died 1810. 6. Jean, married, 15 February 1819, to Rear-Admiral Charles Sotheby, R.N., eldest son of William Sotheby, F.R.S., of Fairmead Lodge, Essex; died 12 September 1820. He died 20 January 1854. 7. Bethia. VIII. ROBERT MONTGOMERIE, eighth Lord Belhaven, K.T., was born in 1793, and succeeded his father in 1814. He was for some time a Representative Peer of Scotland ; was on 19 September 1831 created a Baron of the United Kingdom by the title of BARON HAMILTON OF WISHAW, in the county of Lanark, with remainder to the heirs-male of his body, and took his seat in the House of Lords 28 June 1833. He married, at Pencaitland, 16 December 1815, Hamilton, daughter of Walter Frederick Campbell of Shawfield and Islay, and by her, who survived him, and died on 8 Septem- ber 1873, had no issue. Lord Belhaven died 22 December 1868, when the Barony of Hamilton of Wishaw became extinct. In him ended the whole male issue of Robert Hamilton, sixth of Wishaw, de jure sixth Lord Belhaven. HAMILTON, LORD BELHAVEN 55 Thereupon the Peerage was claimed by (1) James Hamilton, clerk to Messrs. Oockburn & Co., wine merchants, Leith, and (2) Robert William Hamilton, sometime captain and lieutenant-colonel in the Grenadier Guards, each claim- ing to be heir-male whomsoever of John Hamilton, created Lord Belhaven by the patent of 1675. Mr. James Hamilton claimed in virtue of the following descent : — JAMBS HAMILTON, fifth and youngest son of Robert Hamilton, younger of Wishaw (see p. 51), was born at Faskine on 25 September 1700. He became a merchant in Edinburgh, acquired the estate of Stevenston, in the parish of Bothwell and county of Lanark, and was buried at Bothwell 28 November 1769. He married, first, 10 November 1736, Helen or Nellie, daughter of Andrew Baillie of Parbroath (see p. 51), and by her, who was buried at Bothwell 22 April 1758, had of issue male inter olios five sons : — 1. John, born 9, and baptized at Bothwell 12, November 1738. He died without male issue before 16 October 1772, the date of the service of his younger brother James, as heir to their father. 2. Robert, born 14, and baptized at Bothwell 17, February 1740, who also must have died without male issue before 16 October 1772. 3. Andrew, born 30 November 1743, died 20 May 1744. 4. JAMES, second of Stevenston. 5. William, born June 1748, who became a merchant in Jamaica. He married Elizabeth, daughter of Archi- bald Nisbet of Oarfin, and died at Edinburgh 15 December 1802, leaving issue. James Hamilton, first of Stevenston, married, secondly, Elizabeth, daughter of "William Cunningham of Brownhill. JAMBS HAMILTON, second of Stevenston, was born 10 June 1745, and served heir in general to his father 16 October 1772, was infeft in the estate of Stevenston 19 July 1773. He sold that estate in 1783. He married Mary, daughter of the said Archibald Nisbet of Oarfin, and by her, who sur- vived him, and died on 30 March 1812 and is buried in 56 HAMILTON, LORD BELHAVEN St. Outhbert's, Edinburgh, had of issue male inter olios three sons :— 1. James, who became a captain in the army, and pre- deceased his mother, without issue. 2. ARCHIBALD, the father of the claimant. 3. Francis, who became a captain in the army, and died at London, 10 December 1869, having been twice married, and leaving issue. ARCHIBALD HAMILTON, the eldest surviving son of James Hamilton, second of Stevenston, was born in the parish of Bothwell, 19 September 1774. He became a surgeon in the Ninety-second Regiment of Foot, and died at Edin- burgh 23 February 1823. He married May Clarke, and by her, who survived him, had issue two sons, twins, born at Edinburgh on 29 August 182.2. 1. JAMES, who became ninth Lord Belhaven. 2. Archibald, who died on board the ship George Fyfe on the voyage to Sydney, 30 September 1839. 3. Mary Nisbet, married, 1840, Frederick Chapman (who died 13 September 1852) ; died 28 February 1883. 4. Jessie. Colonel R. W. Hamilton claimed in virtue of the follow- ing descent : — ARCHDEACON ANTHONY HAMILTON, grandson of William Hamilton, third of Wishaw (see p. 50) had issue by his wife Anne Terrick : — 1. Terrick, died in infancy. 2. WILLIAM RICHARD, of whom afterwards. 3. Anthony, born 12 July 1778, Rector of Loughton, archdeacon of Taunton, died 10 September 1851. He married, 13 July 1807, Charity Graeme, third daughter of Sir Walter Farquhar, Bart., Physician to the Prince Regent ; she died 9 November 1869, and had issue : — (1) Walter Kerr, born 16 November 1808 ; Bishop of Salisbury ; married, 9 January 1845, Isabel, daughter of Francis Lear, Dean of Salisbury ; died 1 August 1869, leaving issue. (2) Edward William Terrick of Charters, Berks, born 9 Novem- ber 1809 ; married, 14 August 1844, Anne, daughter of John Thacker of Ascot, Berks, died 1898, leaving issue. HAMILTON, LORD BELHAVEN 57 WILLIAM RICHARD HAMILTON, the eldest surviving son, was born 9 January 1777. He was appointed Secretary to Lord Elgin when the latter went as Ambassador to Con- stantinople in 1799. He was distinguished as an archae- ologist. At the time of the evacuation of Egypt by the French in 1801, after the battle of Alexandria, he pre- vented them from carrying off the Rosetta Stone, which they attempted to do, contrary to treaty ; he superintended the removal to England of the Elgin Marbles ; and in 1815 he obtained the restoration by France of works of art taken from Italy. He was Under-Secretary for Foreign Affairs 1809-22; Minister at Naples 1822-25; a trustee of the British Museum 1838-58. Published Mgyptiaca (1809), con- taining first translations of the Rosetta Stone inscriptions. Died 11 July 1859.1 He married, 3 September 1804, Juliana Udny, and had issue :— 1. WILLIAM JOHN, of whom afterwards. 2. Alexander Edmund, born 29 October 1806, drowned near Poonah 30 June 1827. 3. Henry George, born 3 October 1809 ; captain R.N., married, 7 June 1845, Fanny Elizabeth, daughter of the Rev. Charles Tower ; died 25 March 1879, leaving issue. 4. Charles Anthony, born 3 October 1809, Deputy Clerk of the Council, died 1860. 5. Arthur Richard, born 4 January 1814, married, first, 1839, Charlotte Cox ; secondly, 1872, Annie Steele ; died 1882, leaving issue. 6. Frederick William, born 8 July 1815 ; lieutenant- general ; K.C.B. ; married, 25 June 1860, Louisa Anne Erskine, daughter of Sir Alexander Anstruther, Knight ; died October 1890. 7. Augustus Terrick, born 30 January 1818; captain Seventy-first Regiment ; died unmarried 1880. WILLIAM JOHN HAMILTON, the eldest son, was born 5 July 1805, was M.P. for Newport ; died in London 27 June 1867. He married, first, 26 April 1832, Martin, daughter of John Trotter of Dyrham Park, by whom he had issue : — 1. Robert William, the claimant, born 12 March 1833. 1 Diet. Nat. Biog. 58 HAMILTON, LORD BELHAVEN William John Hamilton, married, secondly, 26 July 1838, Margaret Frances Florence, daughter of the thirteenth Viscount Dillon (she died 19 April 1885), by whom he had : — 1. ALEXANDER CHARLES, tenth Lord Belhaven. 2. Constantino Henry, born 21 June 1843; lieutenant- colonel B.A. ; died unmarried 1885. 3. Archibald William, born 4 April 1847 ; Royal Navy ; died 1886 ; married 1869, Elizabeth, daughter of W. Billyard of Sydney, N.S.W., and had issue : — (1) Robert Edward Archibald, captain Indian Staff Corps, born 8 April 1871 ; married, 15 November 1898, Kathleen Gonville, daughter of SirB. P. Bromhead, Bart., and has issue :— Julia, born 1901. (2) Margaret Elizabeth. 4. Victoria Henrietta, married 31 May 1864, to Captain James Graham Goodenough, O.B., O.M.G., R.N., who died 20 August 1875, leaving issue : — (1) Florence Selina, married, 10 July 1877, to Sir Thomas Villiers Lister, K.C.M.G. He died 26 February 1902, leaving issue. 5. Sybil Jean. 6. Margaret Wilhelmina, married, 25 April 1881, to Louis Eric Ames, late Second Life Guards, and has issue. It was maintained by Colonel Hamilton that there was no sufficient evidence to identify James Hamilton, first of Stevenston, great - grandfather of James Hamilton the claimant, with James Hamilton, youngest son of Robert Hamilton, younger of Wishaw, and that the only connection which the Hamiltons of Stevenston had with the family of Wishaw arose from the marriage of James Hamilton, first of Stevenston, with Helen Baillie, daughter of Andrew Baillie of Parbroath, by Helen Hamilton, daughter of William Hamilton of Wishaw. On 2 August 1875 the House of Lords decided that James Hamilton had made out his claim, and he accordingly became IX. JAMES, ninth Lord Belhaven. He died 6 September 1893. He married, 30 October 1877, Georgina, fourth daughter of Sir John Watson, Bart., of Earnock and Neils- land, and had issue : — 1. Leonore Agnes Watson Nisbet, born 27 August 1878 ; married, 24 March 1903, at St. Giles' Cathedral, Edin- HAMILTON, LORD BELHAVEN 59 burgh, to B. Borras Wliiteside, of Whitehall Court, London, S.W., and has issue : — (1) Noel, born 12 December 1903. 2. Mary Clarke Mary Nisbet, born 26 November 1879. 3. Clarice Jessie Evelyn, born 10 October 1881 ; married, 12 December 1899, to the Hon. Francis Edward Basil Napier, Master of Napier, and has issue : — (1) William Francis Cyril James, born 9 September 1900. (2) Augusta Caroline Harriet Georgina, born 28 November 1901. 4. Muriel Louise, born 1 February 1884. 5. Winifred Maude, born 13 December 1886. 6. Dorothy Henrietta, born 24 March 1888. 7. Georgina Violet, born 11 August 1889. COLONEL B. W. HAMILTON, who unsuccessfully claimed the title on the death of the eighth Lord, died 3 October 1883. He married, 10 July 1856, Charlotte Maria, daughter of Colonel George Palmer of Nazing Park, and had issue three daughters — 1. Mary Geraldine, married, 21 May 1901, to Henry Alfred Newton. 2. Edith Lilian, married, 1898, to Norman Alexander Sinclair, brother and heir-presumptive of Sir J. B. G. Sinclair, Bart., of Dunbeath, and has issue : — (1) Ronald Norman John Charles Udney, born 1899. (2) Alexander Robert, born 26 September 1901. 3. Helen Violet. On the death of the ninth Lord in 1893, Alexander Charles Hamilton, eldest son of a W. J. Hamilton, M.P., by his second marriage with the Hon. Margaret Dillon (see p. 58), and half-brother of Colonel B. W. Hamilton, succeeded as X. ALEXANDER CHARLES, tenth Lord Belhaven.1 Born 3 July 1840, is colonel (retired) ; formerly lieutenant-colonel B.E., commanded Surrey Volunteer Infantry Brigade 1888- 1902; served in Zulu War 1879; D.L. for Lanarkshire. 1 Debrett (Peerage, 1904, p. 99) notes that the present Lord Belhaven ' has been served heir to his kinsman, has voted at the election of Scotch Representative Peers, and has matriculated arms at Lyon Office as tenth Baron, but has not proved his right to the title before the Committee for Privileges of the House of Lords.' 60 HAMILTON, LORD BELHAVEN Married, 7 July 1880, Georgina Katharine, daughter of Legh Richmond, and has issue : — RALPH GERARD ALEXANDER, Master of Belhaven, born 22 February 1883, second lieutenant Grenadier Guards ; married, 1 March 1904, Grizel Winifred Louise Oochrane, eldest daughter of Douglas, eleventh Earl of Dundonald. ARMS, recorded in Lyon Register. — Quarterly, 1st and 4th, gules, a mullet arg. between three cinquefoils ermine, for Hamilton of Udston ; 2nd and 3rd gules, a man's heart proper, shadowed or, between three cinquefoils ermine, for Hamilton of Raploch, all within a bordure argent. CREATIONS. — Lord Belhaven and Stenton, 15 December 1647; Lord Belhaven and Stenton, 10 February 1675, in the Peerage of Scotland; Baron Hamilton of Wishaw, 19 September 1831, in the Peerage of the United Kingdom (extinct). CREST. — A nag's head couped argent, bridled gules. SUPPORTERS. — Two horses argent, bridled gules. MOTTO. — Ride through. [W. K. D.] BELLENDEN, LORD BELLENDEN OF BROUGHTON ELLENDEN is a name which is found in a variety of forms: Bel- lentyne, Ballantyne, Bal- lindean, and Bannatyne, are all variations of the same name. In 1361 John de Bennachtyne de Oor- rokis resigned the lands of Niddry in the county of Edinburgh:1 but the first known ancestor of the family with which we have now to deal is JOHN BBLLENTYNE, probably a near relation of Robert Bellentyne, Abbot of Holyrood (1484-1500) ; died before 1486, leaving issue : — 1. PATRICK. 2. Walter, Canon of Holyrood Abbey. He died before 8 July 1490, when his brother Patrick had sasine as his heir.2 3. Margaret, married to Gilbert Forrester of Drylaw.3 4. Christian, married to Matthew Forrester of Barnton.4 PATRICK, appointed parish clerk of Holyrood, and formally accepted as such by the parishioners 2 April 1486 5 ; on his 1 Reg. Mag. Sig. 2 Protocol Book of James Young, Edinburgh City Chambers. 3 Ibid., 19 July 1491 and 13 July 1494. 4 Ibid., 21 January 1494-95 and 18 July 1513. 5 Laing Charters, 196. 62 LORD BBLLBNDBN OF BROUGHTON death Robert Crichton, afterwards Bishop of Dunkeld, was chosen as his successor 8 February 1514-15.1 He was Steward of Queen Margaret, wife of King James rv., from 1509 to his death in July or August 1514.2 He and Marion Douglas his wife had sasine of the lands of Horshope in Berwickshire, granted them by Archibald, Earl of Angus, 4 March 1492-93, and of other lands.3 They had also a charter of the lands of Achnolnyshill or Auchnoule in the barony of Caldercleir and county of Edinburgh from the Earl of Morton 26 March 1499/ His wife survived him, and was alive 6 March 1541-42.5 He left issue : — 1. Mr. THOMAS. 2. Catherine. In 1527 Katrine Ballantyne got £300 ' to help to pay her tocher for the gude and thankful service done be her moder Marion Douglas to the Kingis hienes.' 6 She married, first, before 19 March 1522-23,7 Adam Hopper, provost of Edinburgh:8 secondly, before 19 February 1529-30,9 Francis Both- well, Provost of Edinburgh and Lord of Session: thirdly, before 12 January 1537-38,10 Oliver Sinclair of Pitcairn. She is called relict of Francis Bothwell and spouse of Oliver Sinclair.11 Adam Hopper died after 12 August 1529.12 Francis Bothwell died before 14 January 1535-36.13 She had issue by all three husbands : by her second husband her eldest son was Adam, Bishop of Orkney, ancestor of the Lords Holyrood- house.14 She was dead before January 1568.15 It is not unlikely that John Bellenden, the translator of Livy and Boece, was a second son of Patrick. He first appears as Clerk of the King's Expenses from 1515 to 1522.16 If so, there was another daughter, Margaret, mentioned as 1 Protocol Book of James Young. 2 Exch. Rolls, xiii. 258 ; xiv. 9 ; see also Treasurer's Accounts, iv. 414, 496. 3 Protocol Book of James Young. 4 Confirmed 4 January 1538-39, Reg. Mag. Sig. 6 Ibid., at date. 6 Trea- surer's Accounts, v. 330. 7 Protocol Book of J. Fowler, Edinburgh City Chambers. 8 Reg. Mag. Sig., 15 February 1541-42. There is some con- fusion in this charter: the date of the deed confirmed is stated to be 10 July 1529, but the names of the witnesses point to its being some years earlier, apparently 1522. 9 Protocol Book of J. Fowler, Edinburgh City Chambers. 10 Reg. Mag. Sig. at date. n Acta Dom. Cone, et Sess., xxiv. 69, and Acts and Decreets, x. 151. 12 Exch. Rolls, xv. 513-14. 13 Reg. Sec. Sig., x. 94. 14 Fourteenth Rep. Hist. MSS. Com., App. 3, p. 70. lb Reg. of Deeds, xi. 112. 16 Exch. Rolls, xiv. p. cix. LORD BELLENDEN OF BROUGHTON 63 John's sister 17 April 1543.1 She married John Kincaid of Warriston, had issue, and died August 1569.2 Mr. THOMAS BELLENDEN succeeded his father, and obtained a confirmation of the above-mentioned charter of 1499 on 4 January 1538-39. On 22 June 1535 he was admitted an ordinary Lord of Session,3 and on 10 September 1538 Director of Chancery.4 On 26 December 1539 he was raised to the office of Justice Clerk.5 On 10 September 1540 he had a charter from the Earl of Morton of the lands of Milkburn in the barony of Caldercleir.6 In January 1540-41 he and Henry Balnavis of Hallhill were sent as com- missioners for Scotland to meet Sir William Eure the English commissioner for the settlement of some disputes on the Border, and Bellenden is described in a letter from Eure to the Keeper of the Privy Seal in England as ' a man of good experience and eminent abilities.' 7 On 6 March 1541-42 he had an annualrent from the lands of Maloure, co. Perth.8 He died before 25 June 1547.9 He married Agnes Forrester,10 and by her had :— 1. JOHN. 2. Patrick, of Stanehouse in Orkney. On 19 April 1565 he had a charter to himself and his wife Catherine Kennedy from the Bishop of Orkney and Shetland of certain lands in Orkney in feu-farm.11 On 19 March 1565-66 he was among the number charged with com- plicity in the murder of Rizzio,12 and was denounced as a rebel on 8 June following. He was Sheriff of Orkney, and had a charter 1 August 1568 of certain other lands there in feu-farm to himself and his wife, who died between the last-mentioned date and that of the confirmation of the charter 9 November 1575.13 He is styled Sir Patrick Bellenden of Evie, knight, in a charter of 12 May 1587: 14 received the 'wand of peace' from the Privy Council 3 June 1572 : 15 was clerk of the Coquet in Edinburgh 1572,16 and called vicar of 1 Protocol Book of Alex. Makneill. 2 Edin. Tests. 3 Acta Dom. Cone, et Sess., vi. 140. 4 Reg. Sec. Sig., xii. 25. 5 Ibid., xiii. 39. 6 Confirmed 28 September 1540, Eeg. Mag. Sig. 7 Pinkerton, ii. 356. 8 Reg. Mag. Sig. 9 Reg. Sec. Sig., xxi. 22. 10 Original charter to them of the lands of Turn- house 28 April 1520 in H. M. Reg. Ho. n Confirmed 18 February 1565-66, Reg. Mag. Sig. 12 P. C. Reg., i. 437. 13 Reg. Mag. Sig. w Ibid. lfi P. C. Reg., ii. 139. 16 Ibid., 446. 64 LORD BELLENDEN OF BROUGHTON Sprouston in a charter of 14 February 1587-88. 1 He is mentioned as alive in a deed of 15 May 1600,2 and his testament was confirmed 21 July 1607.3 He had at least three sons : — (1) Thomas, styled * appearand of Stanehous' 11 November 1592. 4 He died v. p. (2) Adam, who succeeded to the estates.6 (3) Patrick, afterwards clerk of the Coquet of Edinburgh.6 3. Margaret, married, first, to James Denniston, burgess of Linlithgow ; and second, to Robert Hamilton of Eccles- machan or Inchmachan, and had issue by both.7 4. Agnes, married, first, after 5 May 1542, when she had a sasine as his affianced spouse,8 to William Adamson, and had issue ; secondly, to Alexander Somervell of Torbrex, a younger son of Oambusnethan.9 5. Alison, who had a sasine as the affianced spouse of John Achesoun, son and heir of John Achesoun, burgess of Edinburgh, 13 August 1555. 10 Thomas had a natural son George,11 perhaps the Mr. George, 'brother of Sir John of Auchnoull,' who was presented to the Chantry of Glasgow 1 February 1563-64.12 JOHN BELLENDEN of Auchnoull. He was director of Chancery in 1544, and succeeded his father as Justice Clerk 25 June 1547.13 He was knighted before 1 April 1554.14 He had a charter to himself and his wife Barbara Kennedy of the lands of Walkmylns and others in the Barony of Broughton 1 May 1559,15 another of the office of usher of Exchequer on the resignation of John Vaus of Many, 31 May 1565,16 two charters of 13 July 1574 from Margaret Dunbar, sister and co-heir of Andrew Dunbar of Loch, to himself and his wife Janet Seton of the lands of Corol- lachill and others in the parish of Mochrum, co. Wigtown.17 He was commissioner for the treaty of peace with Anna of Oldenburgh signed at Aberdeen 19 October 1556, and 1 Reg. Mag. Sig. 2 Ibid. 3 Edin. Com. 4 Reg. Mag. Sig. 5 Gen. Reg. Inhibitions, xli. 53; and Reg. Mag. Sig. 6 Ibid., 24 December 1587. 7 Acts and Decreets, xliii. 151, 366. 8 Protocol Book of Andrew Brownhill, Edinburgh City Chambers. 9 Reg. of Deeds, xiv. 43 ; compared with the will of John her brother. 10 Protocol Book of John Makneill, Edinburgh City Chambers. n Reg. Sec. Sig., Hi. 153. 12 Ibid., xxxii. 15. 13 Ibid., xxi. 22. 14 Reg. Mag. Sig. 16 Confirmed 12 March 1559-60, Reg. Mag. Sig. 16 Ibid. 17 Confirmed 20 July 1574, Reg. Mag. Sig. LORD BELLENDEN OF BROUGHTON 65 confirmed by the Queen 26 September 1557.1 On 23 August 1565 he had a charter from Robert, Oommendator of Holy- rood, of the office of Bailiary and Justiciary of the regality of Broughton, and another of similar offices in Ker^ and Ogilface 24 April 1566.2 He was present at the corona- tion of James vi. in 1567, and 4 in name of the Estates and also John Knox minister and Robert Campbell of Kinzean- cleuch asked acts, instruments and documents ' for the recording of the proceedings.3 He died 1 October 1576.4 His testament is dated 19 September in the same year : after mentioning his son James he commits his 4 remanent bairnes ' to 4 my lord Regent's Grace and my Lord Angus ' : orders Lewis his son and heir to serve these noblemen as he and his forebears had done, commends his natural daughter Agnes to the care of Lewis, and leaves an annuity of £20 to his 4 cousin ' Thomas Craig, afterwards known as Sir Thomas Craig, tile great feudal lawyer.5 Sir John married three times : — First, Margaret Scott, whose mother was Marion Scott, afterwards wife of George Henderson of Fordel.6 By her he had : — 1. Catherine. 2. Mary. These both died young.7 3. Marion, married, first, on Sunday, 22 October 1564,8 to John Ramsay of Dalhousie (contract dated 5 October 1564) ; 9 secondly, to Patrick Murray of Falahill.10 She had no issue, and died 19 January 1604.11 Sir John married, secondly, Barbara Kennedy, daughter of Sir Hugh Kennedy, of Girvanmains, and Dame Jane Stewart, Lady Methven. The marriage-contract was dated at Edin- burgh 30 September 1554, Mary of Lorraine being a consent- ing party, and signing the document.12 By her he had : — 4. SIR LEWIS. 1 Reg. Mag. Sig. 2 Confirmed 30 November 1571, Ibid. 3 Burton's Hist, of Scotland, iv. 285. 4 Memorials of George Bannatyne. 6 Riddell thinks that Craig's mother, Katherine Bellenden, may have been the daughter of Patrick, first of Auchnoull, but at the time of Craig's birth she was already married. 6 Reg. of Deeds, xv. 243. 7 Acts and Decreets, x. 233 ; Reg. of Deeds, xv. 243. 8 Cal. of Scot. Papers, ii. 88. 9 Reg. of Deeds, viii. 121. 10 Acts and Decreets, clxx. 257 ; Reg. Mag. Sig., 1 June 1598. n Edin. Com. 12 Duke of Roxburgh's Papers, Fourteenth Rep. Hist. MSS. Com., App. iii. 42. VOL. II. E 66 LORD BELLENDEN OF BROUGHTON 5. John, alive in 1587.1 6. Zachary.2 7. Robert, mentioned in a contract of 1574, died young : 3 he may have been of the third family. 8. Jane, mentioned in her father's will. Sir John married, thirdly, on Sunday, 14 January 1564-65,4 Janet Seton, daughter, apparently, of Walter Seton of Touch. Queen Mary was a party to the marriage-contract, and promised him 1000 merks of tocher, mentioned in his testament as still unpaid at his death. By her, who sur- vived him, and married, secondly, before 17 March 1579-80, as his second wife, John, Master of Forbes, afterwards eighth Lord Forbes,5 he had : — 9. James, the eldest,6 who succeeded to Kilconquhar, which was provided to the children by Jane Seton. He chose curators 15 April 1580, his nearest kins- men being Sir Lewis Bellenden of Auchnoull, and Patrick Bellenden of Stenhouse on the father's side, and James Seton of Touch and Oristal his brother on the mother's side.7 He is mentioned in his father's will as being in the King's service. He died 11 February 1593-94, drowned while skating on the loch, as his tombstone in Kilconquhar church- yard bears. His wife's name was Grisel Spens, and he left a son James, who died young, and two daughters.8 10. Thomas, ' wardatar ' of Kilconquhar after his brother's death.9 He was appointed a Lord of Session in 1591, 10 but apparently never took his seat on the bench. He married Marion Gilbert, widow of Thomas Ban- natyne of Newtyle,11 and died s. p. July 1597.12 11. Adam, graduated at Edinburgh 1 August 1590, ordained minister of Falkirk 19 July 1593 ; resigned his charge July 1616, and was promoted to the Bishopric of Dunblane the same year, after having been violently 1 Fife Inhibitions, 9 June 1587. 2 Liber S. Catherine de Senis, 54, charter dated 15 February 1562-63. 3 Fife Inhibitions, ut sup. * Cal. of Scot. Papers, ii. 115. 6 Acts and Decreets, Ixxix. 198; Macfar- lane's Gen. Coll., Scot. Hist. Soc., ii. 478; Reg. Mag. Sig., 18 November 1581-82 and 16 August 1591. 6 Acts and Decreets, ut sup. 7 Warrants of Acts and Decreets. 8 Edin. Tests. 9 Reg. Mag. Sig., 8 September 1599. 10 Brunton and Haig. n Reg. Mag. Sig. ut sup. 12 Memorials of George Bannatyne, LORD BELLENDEN OP BROUGHTON 67 opposed to Episcopacy and one of the forty-two ministers who signed a protest to Parliament against its introduction, 1 July 1606. He succeeded to Kil- conquhar on the death of his nephew James,1 and in 1629 had a ratification in Parliament of these lands and Pitcorthie.2 He was Dean of the Chapel Royal, Stirling, in 1633 : 3 was promoted to the see of Aber- deen 2 August 1635.4 He was deposed and excom- municated by the General Assembly in 1638, left Aberdeen 27 March 1639, went to England and ob- tained a pension of £100 from the King under another name : became rector of Portlock, co. Somerset, 1642, and died 1647 aged about 78. He married, 17 February 1595, Jean Abercrombie, probably daughter of Henry Abercrombie of Kersie in the parish of St. Ninians, and had by her : — (i James. (2) Robert. William. (4) Alexander. Adam.5 David, minister of Kincardine O'Neil 1636-38.6 John, who accompanied his father to England.7 Testa- ment confirmed 8 January 1650.8 (8) Elizabeth. (9) Jean. (10) Margaret. The five eldest sons were all dead in 1635,9 and Margaret was the only surviving daughter in 1631. 10 12. Walter, styled of St. John's Chapel, having married Jean Hamilton, one of the heirs-portioners of that estate.11 He graduated at Edinburgh University 1593 ; and is mentioned along with his brother Adam as cautioner for his sister Elizabeth, 27 November 1609.12 13. William is said to have been another son: he was presented to the Vicarage of Kilconquhar in 1573,13 married Anabel Pearson, and had by her a son, Thomas, who married, in 1625, Euphemia, daughter of Stephen Dudingston of Sandford.14 1 Reg. Mag. Sig., 29 July 1615. 2 Acta Parl. Scot., iv, 651. 3 Laing Charters, No. 2124. 4 Reg. Mag. Sig. 6 Laing Charters, No. 2124. 6 Reg. Mag. Sig., 23 June 1638. 7 Ibid. 8 Edin. Com. 9 Gen. Reg. Sas., xlviii. 371. 10 Reg. of Deeds, ccccxxxviii. ; all the other particulars relating to Adam's family are from Scott's Fasti Eccl. Scot, and authorities there quoted. u Reg. of Deeds, ccxvi., 10 December 1613; P. C. Reg., x. 558. 12 Reg. Mag. Sig. 13 Reg. Sec. Sig., xli. 111. " Wood's East Neuk of Fife, 2nd ed., 165. 68 LORD BELLENDEN OF BROUGHTON 14. Elizabeth. She is mentioned in her father's will. She married first, James Lawson of Humbie, and is de- scribed as his widow in certain charters of 1605, pro- ceeding on the marriage-contract between James Fawside, younger of that ilk, and her daughter Janet, who afterwards married Sir John Edmon- stone of that ilk, with issue to both husbands.1 By that time she had married as her second husband Sir John Oockburn of Ormiston, Lord Justice-Clerk. On 15 March 1614 she had a charter to herself as Lady Ormiston, of the lands of Kirktonhill and others, co. Berwick,2 and one on 26 July 1615 of the lands of Hart- head, in the constabulary of Haddington.3 Her husband died in 1623, at which time she was still alive. 15. Annabel, also mentioned in her father's will. She married, as his second wife, before 6 June 1599, Alex- ander Lander of Halton,4 who died before 18 May 1625,5 but after 1622.6 Sir John had a natural daughter, Agnes, also mentioned in his will. She married, contract dated 19 February 1590- 91, James Bellenden, fiar of Pittendreich.7 In the Register of the Privy Seal there is a Royal confirmation, dated 30 June 1585, of a feu-charter of a quarter of the lands of Saughtonhall granted (no doubt many years before) by Robert, Oommendator of Holyrood, to Patrick Bellenden, brother of Sir John of Auchnoull, with remainder succes- sively to George Bellenden, natural brother of Patrick, and to John Bellenden of Pittendreich, which appears to show that the Pittendreich family were also of the same stock. SIR LEWIS BELLENDEN succeeded his father as Justice- Clerk 15 March 1576-77,8 being then under twenty-five years of age, but he appears in his official capacity as witness to a royal charter on 31 August 1577.9 He was knighted shortly thereafter. His name appears in a long series of charters; he had a charter of the lands of Castlelaw, Woodhouselee, and others, co. Edinburgh; Spotts and others, co. Kirkcudbright, and an annualrent from the 1 Reg. Mag. Sig., 27 November 1609 and 5 March 1642 ; Laing Charters, No. 2301. 2 Reg. Mag. Sig. 3 Confirmed 29 July 1615, Ibid. 4 Reg. of Deeds, Ixvii. 6 The Grange of St. Giles, 242. 6 Ibid., 243. 7 Reg. of Deeds, xxxvii. 307. 8 Reg. Sec. Sig., xliv. 36. 9 Reg. Mag. Sig. LORD BELLENDEN OF BROUGHTON 69 lands of Leswalt, co. Wigtown, on 14, confirmed 25, April 1581 ; l of the lands of Longcroft and others, co. Linlithgow, in April, confirmed 9 May, 1586 ; 2 of the barony of Ochiltre, co. Ayr, 9 August 1586 ; 3 of the lands and barony of Broughton in Edinburgh, Fawside in Haddington, Slipper- field, etc., in Peebles, Abbots Kerse, etc., in Linlithgow and Stirling, Whitekirk, etc., in Haddington, all incor- porated into the barony of Broughton, 28 July 1587.4 On 15 August in the same year he had a charter in feu-farm to himself and Sir John Maitland the Chancellor, of the county of Orkney and Lordship of Zetland, for the adminis- tration of justice there, an office which they resigned I April 1589.5 He was made Keeper of the Oastle of Linlithgow on the resignation of Sir Robert Melville of Murdocairny, 22 November 1587 ; 6 along with Patrick Bel- lenden, son of Patrick of Evie, he had a grant of the office of Clerk of the Coquet of Edinburgh, 24 December 1587.7 Sir Lewis was one of the ' Ruthven raiders ' in the en- deavour to overturn the ascendancy of the Duke of Lennox and the Earl of Arran in 1582.8 In February 1584-85 he was sent on a mission to England for the purpose of denouncing the banished lords and to press Elizabeth for their surrender or expulsion. When he arrived in London, however, he was secretly ordered to agree to the plans of the Master of Gray for the ruin of Arran, and he returned home along with Wotton, the English Ambassador, who had private instructions for the undermining of Arran and the bringing back the banished lords.9 He was already mixed up with the plots of the period, though outwardly he did not break with Arran, and was in Stirling Oastle with him and the King when the banished lords succeeded in their project of his overthrow and dismissal in November 1585.10 In the arrangements which took place on the momentous change of government Sir Lewis, in addition to his former offices, was made Keeper of Blackness Castle.11 In 1589 he was appointed one of the ambassadors to the King's affianced bride in Norway,12 and he sailed with the King for that country 22 October of that year. The 1 Reg. Mag. Sig. * Ibid. 3 Ibid. 4 Ibid. 5 Ibid. 6 Ibid. 7 Ibid. 8 P. C. Reg., iii. 506 note. 9 Ibid., iv. 745 note, 748 note', Cal. of Border Papers, Nos. 285-287. 10 Border Papers, i. No. 387; P. C. Reg., iv. 27 note. II Ibid., iv. 36 note ; Border Papers, i. No. 388. 12 P. C. Reg., iv. 121. 70 LORD BELLENDEN OF BROUGHTON last occurrence of his name is as a witness to a charter 20 August 1591, and he died on Friday the 27th of the same month,1 his death being occasioned, if we are to believe Scotstarvit, by fright, through a too successful attempt to raise the devil, in conjunction with a sorcerer of note, Richard Graham, who was burnt at the Cross of Edinburgh shortly afterwards.2 Sir Lewis married, first, Geilis, daughter of Sir James Forrester of Oorstorphine, contract dated 10 February 1579-80.3 She must have died soon after without issue. He married, secondly, in 1581, contract dated 4 July,4 Margaret, daughter of William, sixth Lord Livingston ; she survived him, and afterwards married Patrick, Earl of Orkney, who dissipated her estates and left her to die in poverty.5 By her Sir Lewis had : — 1. JAMES. 2. William, one of the adventurers for Ulster.6 3. John, also an adventurer for Ulster ; ' he was cautioner for his mother in 1619.8 4. Margaret. 5. Anna, probably posthumous, as she is not mentioned in her father's will. She, along with her brother John and her sister Margaret, was cautioner for her mother in 1619.9 There was a Mariota Bellenden who had a charter of the lands of Fulton in Ayrshire to herself and her spouse, John Chalmer in Troquhane, 26 February 1590-91, with consent of Sir Lewis for his interest.10 SIR JAMES BELLENDEN of Broughton had a charter of the lands of Magdalens, near Linlithgow, 1 June 1591, " wherein he is designed as eldest son and heir-apparent of Sir Lewis. He was under age on 24 January 1595-96, as Dame Margaret Livingston is there mentioned as his tutrix.12 He had a somewhat stormy career, being fre- quently summoned before the Privy Council to answer for alleged wrongdoing. He died 3 November 1606.13 He 1 Memorials of George Bannatyne ; Edin. Tests. 2 Staggering State, 131; P. C. Reg., iv. 729 n. 3 Reg. of Deeds, xxxvii. 368. 4 Ibid., xx. part ii. 7. 5 Staggering State, 131. 6 P. C. Reg., vii. Ixxxviii. 317. 7 Ibid., 330. 8 Ibid., xi. 560. « Ibid. 10 Reg. Mag. Sig. » Ibid. 12 P. C. Reg., v. 671. 13 Edin. Tests., 20 November. LORD BBLLBNDEN OF BROUGHTON 71 married 20 April 1601, Elizabeth, daughter of Sir William Ker of Oesford, sister of Robert, first Earl of Roxburghe. Willoughby writing to Cecil, says : 4 The King is looked to be this day at Dalkeith with the Queen, and my lord of Roxburgh hopes for them both to be with him in Tyvidale this weke at the banquett of the marriage of Roxburgh's sister to Sir James Bellenden, who were married on Tuesday last ; the banquett continuing still in hope of their presence to honour it with.' l Lady Bellenden sur- vived her husband many years.2 By her he had : — 1. WILLIAM. 2. Margaret. She had a charter as future wife of Henry Erskine, 14 December 1625.3 Her husband was the third son of John, Earl of Mar, by whom he was assigned the peerage of Oardross. He died 1628.4 She was alive January 1640.5 I. SIR WILLIAM BELLENDEN was served heir to his father 16 April 1607.6 He was under age 6 October 1607, when with consent of his mother, as tutrix, he resigned the office of Bailie of the barony of Ogilface, which lands his father had sold to the Earl of Linlithgow.7 He must have come of age between 28 July 1625, when, with consent of his mother and the Earl of Roxburghe, he resigned the lands of Saughton to Sir George Forrester of Oorstorphine, and 16 March 1626, when, without consents, he resigned Saughtonhall in favour of Alexander Watson.8 The family circumstances must indeed have been at this time at a low ebb, as he had to relinquish many of his estates, and also divested himself of the Keepership of Linlithgow Palace in favour of the Earl of Linlithgow.9 He was a devoted royalist, and his name frequently appears in the political correspondence of the time.10 He was rewarded for his services by being on 3 April 1661 appointed Treasurer- Depute,11 and on 10 June following he was created a peer under the title of LORD BELLENDEN OF BROUGHTON, with remainder to the heirs-male of his body. He became a 1 Border Papers, i. 1357. 2 Edin. Tests., 23 January 1656. 3 Gen. Reg. Sasines, xviii. 351. 4 Herald and Genealogist, in. 522. 6 Laing Charters, 2272. 6 Retours, Edin., No. 218. * Reg. Mag. Sig. 8 Ibid. 9 Ibid., 1 August 1627. 10 Scotland and the Commonwealth, 130, etc. ; ' Lauderdale Correspondence,' Scot. Hist. Soc. Misc. vol. i. n Acta Parl. Scot., vii. 98. 72 LORD BELLENDEN OF BROUGHTON Privy Councillor the same year. In 1602 he had a gift from the Royal maintenance of £200.' On 1 June 1663 he was appointed Heritable Usher of the Exchequer,2 and in 1668 one of the Commissioners of the Treasury. On 14 April 1671 he disinherited his sister Margaret, resigned his title and estates into the hands of the Crown, and had a re-grant in favour of his first cousin twice removed, John Ker, fourth son of William, second Earl of Roxburghe, and his heirs of entail, confirmed 12 December 1673.3 He did not survive long after this, and, dying unmarried, was buried 6 September 1671 at St. Martin's in the Fields, London.4 II. JOHN, second Lord Bellenden, was the son of William Drummond, second Earl of Roxburghe (who was the fourth son of John, second Earl of Perth), by his wife Jean, granddaughter of Robert, first Earl of Roxburghe, the brother of the first Lord Bellenden's mother, and daughter of Henry Ker, Lord Ker.5 He was served heir of entail and provision to his predecessor in the title, 23 December 1671 ; as his father was only married in 1655, he cannot have been more than a boy at the date of the service ; but he had a charter 12 December 1673 confirming him in the office of Usher of Exchequer.6 As a young man he seems to have been somewhat hot-headed, if we are to believe a story of his having one July night in 1689 shot a soldier of Mackay's regiment dead because he had declared he was for King William and Queen Mary.7 This outrage involved him in considerable trouble ; he was confined in Edinburgh Castle for some time, and the in- cident was the subject of several communications which are to be found in the Leven and Melville correspondence.8 He ultimately appears to have acquiesced in the change of dynasty, probably because he found that it did not pay to be in opposition. His finances were not in a very flourish- ing state, as the Duke of Queensberry writes to Oarstares on 31 July 1700 as follows : ' I must entreat of you to speak to the King in favour of my Lord Bellenden ; he has con- 1 Acta Parl. Scot., vii. 419. 2 Reg. Mag. Sig. , lib. Ixiv. 41. 3 Reg. Mag. Sig. 4 Complete Peerage. 5 Add. Case for Sir James Innes Ker, Rox- burghe Peerage Case, 5. 6 Reg. Mag. Sig. 7 Oldmixon's Memoirs, 74. 8 Bannatyne Club. LORD BELLENDEN OP BROUGHTON 73 tinued very firm to his Majesty's interest though there has been great pains taken to make him otherwise. He has a numerous family and not much to support it, and because I knew he was a little straightened I have given him £100, for which I desire a warrant payable to me.' Lord Bellenden married, 10 April 1683, Mary Moore, widow of William, third Earl of Dalhousie (who died in 1682), and second daughter of Henry, first Earl of Drogheda.1 She died 17 March 1725-26.2 Lord Bellenden died March 1707; by his wife he had issue : — 1. JOHN, third Lord Bellenden. 2. Robert, born 5 March 1689,3 died s. p. 3. William, born about 1702, went into the army and rose to be lieutenant-colonel in the Third Regiment of Horse 3 April 1733, which regiment was altered to Dragoon Guards in 1745. Of it he appears as colonel in 1747, and was senior lieutenant-colonel in the army in 1754. He died in 1759, having married in 1726, Jacomina Farmer of Normington, co. Lincoln. The licence is dated at Evesham, 16 April 1726, and describes the bridegroom as of Warwick, aged about 24, the bride a maiden about 21 ; to be married at Folkingham, co. Lincoln.4 By her he had : — 1. WILLIAM, seventh Lord Bellenden, who succeeded as fourth Duke of Roxburghe. (See that title.) 2. Jacomina, married, 4 April 1749, to Thomas Orby Hunter of Waverley Abbey, co. Surrey, M.P., with issue. 4. James, nothing is known of him except that he was a brother of Lord Bellenden, and that he had the following children : 5 — (1) James, of Bigods in Essex, captain 21st Foot. Died before 28 January 1763 s. p.6 (2) Elizabeth, married to Edward Kelly, Dublin. (3) Jemima, styled spinster in 1762. (4) Mary, married Sir Richard Murray, Bart. 5. Sir Henry, known to his contemporaries as Harry Bellenden, 4a good-looking scapegrace.' He was appointed Governor of Hurst Castle 30 July 1745; Gentleman Usher of the Black Rod, September 1747 ; and was knighted 22 June 1749. He died s.p. 7 April 1 Fifteenth Rep. Hist. MSS. Com., Drumlanrig Papers, part vii. 187. 2 Genealogist, N. S., vii. 43. 3 Edin. Reg. * Add. Case for Sir James Iiines Ker, Roxburghe Peerage, 10, 11. * n^a., 10. • Ibid., 12. 74 LORD BELLENDBN OF BROUGHTON 1761. x Horace Walpole writes to General Con way 10 April : ' Poor Sir Henry Bellenden is dead ; he made a great dinner at Almack's for the House of Drum- mond, drank very hard, caught a violent fever, and died in a few days.' 6. Margaret. She was, along with her better-known sister, a correspondent of Lady Suffolk, and is, with her, commemorated by Gay, ' Madge Bellenden, the tallest of the land, And smiling Mary, soft and fair as down.' 7. Mary, appointed a Maid-of-honour to Caroline, Princess of Wales, in or perhaps before 1716. She was one of the most celebrated of the beauties of the court, and also one of the most lively, though her conduct never seems to have afforded the slightest room for scandal. Walpole describes her in the following terms : ' Her face and person were charming : lively she was almost to etourderie, and so agreeable she was that I never heard her mentioned afterwards by one of her contemporaries who did not prefer her as the most perfect creature they ever knew.' She is thus eulogised in a ballad of the period, ' But Bellenden we needs must praise, Who, as down the stair she jumps, Sings " O'er the hills and far away," Despising doleful dumps.' She married, in 1720, Colonel John Campbell, one of the Grooms of the Prince's Bedchamber, who after- wards became fourth Duke of Argyll. She died 18 December 1736, and her remains were borne, it is stated, with unusual honours from Somerset House (of which she had the appointment of Keeper) to the Church of St. Anne, Westminster, where they were interred.2 She was mother of the fifth Duke of Argyll (see that title), and other children. III. JOHN, third Lord Bellenden, born 1685, succeeded his father 1707, and served heir to him 16 July 1709.3 He died 16 March 1740-41, in the fifty-fifth year of his age, and was buried at Westmill, co. Herts,4 having married, at Radwell, 1 Min. of Evid. Sir James Innes Ker's Case, 10. 2 Notes and Queries, 4th ser., xi. 116, 182 ; 7th ser., x. 221. 3 Addit. Case for Sir Jas. Innes Ker, 7. 4 Cussan's Hist, of Hertfordshire ; Roxburghe Peerage, Min. of Evid., 161 ; admon. 11 April 1741, P.P.C, LORD BELLENDEN OP BROUGHTON 75 co. Herts, 3 September 1722, Mary, daughter of John Parnell of Baldock, in the same county, and had by her (who was baptized at Baldock 26 June 1702,1 and died 23 November 1792, in her ninety-first year, being buried at "Westmill 2) the following children : — 1. KER, fourth Lord Bellenden. 2. ROBERT, sixth Lord Bellenden. 3. Jane, married, 8 January 1741, to Ephraim Miller of Hertingfordbury, and died 27 May 1763.3 4. Caroline, married, 18 March 1760, to John Gawler of Rambridge Cottage, Weyhill, Hampshire, and of the Inner Temple, who died at Bath 24 December 1803, aged seventy-seven. She died 1 April 1802, leaving issue : — (1) John Bellenden Gawler of Bishopsgate, co. Surrey, captain 2nd Life Guards, 20 January 1790 ; retired 1793 ; assumed by royal licence* dated 5 November 1804, the surnames of Ker and Bellenden in lieu of Gawler. He was a distin- guished botanist, and died June 1842, aged about seventy- seven, at Rambridge.4 (2) Henry Gawler of Lincoln's Inn and Rambridge Cottage aforesaid. 5. Mary, married John Eatt of Cambridge, whom she survived, dying at Egham 15 May 1805, aged eighty. 6. Diana, married John Bulteel of Membland, co. Devon, and had issue. 7. Alice, died unmarried at Westmill, 19 October 1796. 8. Henrietta, died unmarried.5 IV. KER, fourth Lord Bellenden, born 22 October, and baptized at Walkerne, co. Herts, 11 December 1725.6 He succeeded his father 1740, was an officer in the Royal Navy, and died at Woolwich, near London, 2 March 1753,7 aged twenty-eight, and was buried at Westmill. He married at Erith, 13 March 1749,8 Elizabeth, daughter of Richard Brett, clerk of the cheque in Deptford Dockyard, and by her, who died 21 January 1798, aged seventy-one, and whose will, dated at Wickham, Hampshire, was proved 16 February 1798 at London, had issue an only son — 1 Complete Peerage. 2 Cussan, ut sup. 3 Ibid. * Complete Peerage. 5 All these children mentioned in Sir James Innes Ker's Case, ut sup. 6 Par. Reg. 7 His tombstone in Westmill Churchyard gives the date as 13 March 1754, but the date in the text is taken from his testament, which must be right, as it was confirmed in August 1753. 8 Erith Par. Reg. 76 LORD BELLENDEN OF BROUGHTON V. JOHN KER, fifth Lord Bellenden, born at Woolwich, co. Kent, 22 August 1751, l succeeded his father 1754, and had a grant from the King, 23 April 1755, of a salary of £250 per annum as Usher of the Exchequer, which grant was confirmed by George in. 4 April 1761. He was ensign in the 25tl} Regiment of Foot in 1775, but soon after that date retired from the army. He died s.p. and insolvent at Edinburgh 20 October 1796, and his office of Usher of Exchequer was sequestrated by his creditors. He married, 26 June 1789,2 Sarah Gumming of Montego Bay, Jamaica, widow, a mulatto,3 but by her, who died in Golden Square, London, 21, and was buried 29, November 1794, at St. Maryle- bone,4 had no issue. He was succeeded by his uncle, VI. ROBERT, sixth Lord Bellenden, born 7 April and baptized 23 April 1734,5 at Westmill. He was captain in the lllth Regiment of Foot in 1761, and 68th Regiment in 1767. He had a grant from the Crown of £250 salary as Usher of the Exchequer 8 February 1797.6 He died unmarried, and was buried at Westmill 23 October 1797.7 The title then devolved on VII. WILLIAM, son of Colonel the Hon. William Bellenden, third son of John, second Lord Bellenden. He succeeded in 1804, when he was seventy-six years of age, as fourth Duke of Roxburghe. (See that title.) CREATION.— 10 June 1661. ARMS. — Gules, a hart's head couped between three cross- crosslets fitchee within a double tressure flory counter flory or. CREST. — A hart's head couped with a cross crosslet fitchee between the attires. SUPPORTERS. — Dexter, the figure of Justice, holding a sword in her right hand and a pair of scales in her left. Sinister, the figure of Peace holding in her hand a palm branch, all proper. MOTTO. — Sic itur ad astra. [j. B. P.] 1 Roxburghe Peerage Case, Min. of Evid., 161. 2 Kearsley's Peerage. 3 Complete Peerage. 4 Ibid. b Westmill Par. Reg. c Peerage Case, Min. of Evid., 165. 7 Westmill Par. Reg. BSIantprt STEWART, LORD BLANTYRE HOMAS STEWART, second son of Sir William Stewart of Dalswinton (see title Galloway), got a charter of the lands of Sealaws and Morebattle, and a third part of the barony of Minto, with the superiority of the whole barony, 2 November 1476 ;x on 10 August 1477 he had a charter of the lands of Househill, in Lanarkshire ; 2 and on 20 February 1489-90 another of the lands of Busby in the same county.3 He married Isabella, daughter and co-heiress of Walter Stewart of Arthurle by Janet Cameron his wife.4 He died 1500, and was buried before the altar of Our Lady in the cathedral of Aberdeen,5 leaving issue : — 1. JOHN. 2. William, born about 1479, was parson of Lochmaben, rector of Ayr, and a prebendary of Glasgow. In 1527 he was made Dean of Glasgow, was appointed Lord High Treasurer 2 October 1530, and held that office for seven years. At the same time he got the Provostry of Lincluden, and on 14 November 1532 was made Bishop of Aberdeen. In February 1533-34 he was sent with Sir Adam Otterburn, the King's 1 Reg. Mag. Sig. 2 Confirmed 25 June 1489, Ibid. 3 Ibid. 4 Ibid., 25 June 1459. 5 Ibid., 16 September 1550. 78 STEWART, LORD BLANTYRE Advocate, as an ambassador to England, to negotiate a treaty of peace. He administered the affairs of his diocese with much acceptance, and was a consider- able benefactor to the see.1 ' He was,' Spottiswood says, ' a man given to virtue, charitable to the poor, and ready to every good work.1 2 He died April 1545, and was buried in the cathedral of Aberdeen. 3. Malcolm.3 4. Nicol or Nicholas. 5. Robert, who on 15 February 1514 is styled brother- german of the late John Stewart, knight, and for whom his brother William receives 105 merks as his 4 portion natural.' 4 6. Agnes, married John Stewart of Oardonald, son of Alan Stewart of Oardonald, and had issue, a daughter, Agnes.5 7. Marion, married Adam Maxwell of Southbar, third son of Herbert, first Lord Maxwell. 8. Margaret, married Charles Pollok of Pollok, with issue.6 SIR JOHN STEWART of Minto. He had a charter to himself and his wife of the barony of Minto and lands of Busby in Lanarkshire 23 February 1502-3.7 He was knighted between 27 May and 6 June 1508.8 He was Provost of Glasgow, as his father had been, and though generally said to have been killed at the battle of Flodden, died between July and October 1512, as his son Robert was infeft in some of his lands on or about 26 October of that year.9 His wife's name was Janet Fleming. They had issue : — 1. SIR ROBERT. 2. , a son, referred to in an instrument of 28 January 1512-13 as brother of Robert.10 3. Jonet, called elder daughter in same writ, when she received a gift from her mother.11 SIR ROBERT STEWART of Minto was served heir to his father in the lands of Houshill in lordship of Darnley, the 1 Crawford's Lives, 374. 2 Hist., 106. 3 Glasgow Protocols, iii. 320. 4 Protocol Book of Gavin Ross, i. f. 296. 6 Reg. Mag. Sig., 1 February 1444-45. 6 Crawford's Renfrew, 209. 7 Reg. Mag. Sig. 8 Ibid. g Protocol Book of Gavin Ross, i. 4b. 10 Ibid., f. lOb. n Ibid. STEWART, LORD BLANTYRE 79 lands of Perme Corny n and Hagbank, near Ruglen, Wester Pertik, and part of Arthurle in Renfrew, and Antermony Wester, at different dates between 26 October and 12 November 1512.1 He was Provost of Glasgow in 1528 ;2 and had a charter to himself and his wife of the barony of Minto and lands of Morebattle and others 7 January 1529- 30.3 He was 4 principal Marshal ' to the King 1529/ He was dead before 7 November 1553.5 His wife's name was Janet Murray, and by her he had : — 1. SIR JOHN. 2. Walter. 3. Robert. 4. Malcolm.* 5. Mr. Adam.1 6. Elizabeth. She had an assignment to her on 11 Feb- ruary 1536-37 of the marriage of Robert Maxwell of Calderwood, granted to her father by the King. In virtue of the powers conferred by the grant Max- well was summoned to marry Elizabeth, daughter of David Barclay of Oollairnie, so that a double avail of the marriage might be exigible if she was refused.8 Elizabeth Stewart ultimately married, as his second wife, Sir John Maxwell of OaJderwood, brother of the above-mentioned Robert. SIR JOHN STEWART of Minto was served heir to his father 20 May 1555. When about seven years old he was contracted in marriage to Margaret, eldest daughter of George Maxwell of Cowglen, a girl of the same age. This marriage never appears to have been entered into, as on 8 November 1543, after the death of Margaret Maxwell, which occurred between 8 November 1542 and 20 January 1542-43, he raised a summons of reduction of certain dues which had been granted in security of the marriage on the ground that such obligation to marry (the parties being minors) was from the first contrary to canon law.9 He 1 Protocol Book of Gavin Ross, i. if. 4b, 6a-8a. 2 Glasgow Protocols. 3 Reg. Mag. Sig. 4 Exch. Rolls, xv. 545. 5 Ibid., xvii. 563. 6 Glasgow Protocols, iii. 920. 7 Ibid.,v. 1424. 8 There were four Robert Maxwells of Calderwood in succession at this period, of whom the above was the third; he is omitted by Eraser in The Maxwells of Pollok, i. 469. 9 Fraser's Maxwells of Pollok, i. 458 ; Chartulary of Pollok, 343. 80 STEWART, LORD BLANTYRE must have married very shortly afterwards, as he had a charter on 16 February 1543-44 to himself and his wife, Joanna Hepburne, of the lands of Wester Perthwik, in the county of Renfrew.1 He was Provost of Glasgow, and bailie of the barony, which latter office he had got from the Earl of Lennox when he became Regent. He was Keeper of the Castle of Glasgow from May 1568 2 till 9 November 1573, when James Boyd, the Archbishop, got possession of it. Robert, Lord Boyd, also usurped, in the same year, the office of bailie, till, in 1578 the King resumed it as Earl of Lennox,3 and the same nobleman was in 1574 nominated as Provost, but Sir John (who had been knighted previous to 10 March 1563-64) obtained possession of that office again before his death.4 He was also in 1566 Chamberlain of Galloway above Cree.5 He died in February 1582-83, and was buried in the cathedral of Glasgow. There is an inter- esting monument there, noteworthy as one of the few examples of old brasses in Scotland. It bears the following inscription : — HEIR . AR . BVREIT . S . WALTER . SR THOMAS . SR IHON . AND ,SR ROBERT . SR IHON . AND SR MATHEW . BY . LINEAL . DESCENT . TO . VTHERIS . BARONS . AND . KNIGHTS . OF THE . HOVS . OF . MYNTO . WT . THAIR . WYFFIS . BAIRNS . AND . BRETHEREIN. By the side of the inscription there is a representation of one of the barons, in armour, kneeling and looking towards the sun, surrounded with rays in the upper corner. The inscription is not more accurate than the ordinary sepul- chral memorial, as the name of Sir Thomas's father was William, not Walter, and Sir Thomas himself is said, in the charter above quoted, to have been buried at Aberdeen. Sir John married, first, Johanna Hepburn, and had by her: — 1. Sir Matthew. On the appointment of Mr. Robert Montgomery, minister of Stirling, to be Archbishop of Glasgow, in 1581, he was opposed by the people, and Sir Matthew, who was then Provost of Glasgow, being desirous of obeying the King's commands, went to the church and pulled Mr. Howie, whom the 1 Reg. Mag. Sig. 2 P. C. Reg., ii. 301-302. 3 Ibid., ii. 697. 4 Glasgow Protocols, v. 1490 ; viii. 2477. 5 Exch. Rolls, xviii. 321. STEWART, LORD BLANTYRE 81 parishioners had got to officiate at the time when the Archbishop should have been inducted, out of the pulpit, and injured him severely. On this Mr. Howie denounced the judgment of God on Sir Matthew and his family; and certainly the fortunes of the family began to decay, and the last Laird of Minto, Sir John Stewart, went about 1699 with the Scots expedition to Darien, where he died, having been reduced to such penury that he was supported by his relative Lord Blantyre.1 Sir Matthew married, first, Jonet, eldest daughter of Alexander Stewart, tutor of Castlemilk,2 and, second, Jean, eldest daughter of Sir John Oolquhoun of Luss, by Agnes Boyd his wife.3 He had issue : — (1) Walter, who, on 25 January 1598-99, was contracted to Christian, eldest daughter of James Crawfurd of Ferme, and Annabella Hamilton, his spouse.4 (2) Robert, eldest son by second wife, had an anrmalrent of 200 merks from his father.6 2. John* He married Elizabeth and had two daughters, co-heiresses, Margaret and Jonet.7 Sir John married, secondly, Margaret, second daughter of James Stewart of Oardonald,8 and by her had : — 3. WALTER. 4. Robert, though perhaps he was by the first wife.9 5. Janet, married, 1570,10 Archibald Stewart of Oastle- milk. He died 1612,11 and she died the following year and was buried at Oarmunnock. 6. Marion, married to William Oleland of that Ilk. 7. Agnes, married to John Wallace of Auchans and Dun- donald. 8. , a daughter, said to have been married to Craw- ford of Ferme. Sir John had also a natural son, John.12 I. WALTER STEWART, known for long under the designa- tion of the Prior of Blantyre, was the only son of his 1 Statistical Account, vi. 110 ; Fraser's Chiefs of Colquhoun, i. 138. 2 Reg. Mag. Sig., 4 August 1569. 3 Fraser's Chiefs of Colquhoun, ut sup. 4 Glasgow Protocols, xi. 3411-3415. 6 Ibid., 3603. 6 Ibid., 1564, iii. 787. 7 Ibid., 19 November 1585, ix. 2793-94. 8 Crawford's Renfrew, ed. 1782, 229. 9 Glasgow Protocols, 29 April 1564, iii. 787; 8 September 1571, vi. 1710. 10 Reg. Mag. Sig., 28 November 1570. " Glasgow Tests. 12 Glas- gow Protocols, 8 September 1571, vi. 1790. VOL. II. F 82 STEWART, LORD BLANTYRE father's second marriage. He was brought up along with James vi., under George Buchanan, and had the Priory of Blantyre bestowed on him by that monarch, and is designed Oommendator of Blantyre 1580, when he was nominated one of the Gentlemen of the Bedchamber.1 He first appears as a Privy Councillor 15 November 1582.2 He also got the office of Privy Seal, formerly held by Buchanan, who died in September of the last-mentioned year. He was made assessor to the Treasurer 26 April 1583,3 and was tutor to the Duke of Lennox.4 In January 1595-96 he was appointed one of the Octavians,5 and seems for a time to have officiated as Chancellor in that year.6 On 6 March 1595-96 the office of Treasurer, including the abolished post of Treasurer-depute, was bestowed on him,7 and he introduced many new regulations into his department. He resigned his office as an Octavian 7 January 1596-97.8 Mr. Robert Bruce, one of the most popular of the Presbyterian clergy in Edinburgh, having fallen under the displeasure of the King, his Majesty had stopped a pension which he had received by royal gift from the revenue of the Abbey of Arbroath. Bruce took proceedings against the King before the Court of Session. Amongst other judges who began to hear the case was the Treasurer, but his leanings in favour of Bruce had been so marked that the other judges thought it more expedient that he should not hear the case to the end. The judgment, given in the most independent way by the Court, was against the King. The latter was of course furious, and his resentment lighted on his old friend the Prior, who had actually given no judgment in the case. He was committed to ward in Edinburgh Castle and com- pelled to resign the Treasurership, 17 April 1599.9 He was not long in ward, however, as he is mentioned as sitting in Council on the 19 May following. The goodwill of James, indeed, was not long withheld from him, and on 11 March 1600 there was an Act passed acknowledging in a very handsome way his long and faithful services to his Sovereign.10 The Prior signed, in December 1604, the abortive treaty 1 Crawford's Lives. 2 P. C. Reg., iii. 528. 3 Ibid., 565. 4 Ibid., iv. 177. 6 Ibid., v. 254. 6 Ceil, of State Papers, ii. 700. 7 P. C. Reg., v. 289 ; cf. Eraser's Melvilles, iii. 140. 8 P. C. Reg., v. 357. 9 Ibid., 549. 10 Ibid., vi. 92. STEWART, LORD BLANTYRE 83 of that Union which was not destined to be carried into effect for another century.1 He sat on the bench as an assessor in the trial of the six ministers for illegally holding a General Assembly at Aberdeen, 10 January 1606.2 A little incident, illustrating his good sense and judgment, occurs in the records at this time. The son of the Constable of Dundee [Scrymgeour] having been very rude to a citizen for not taking off his hat to him, the matter was brought before the Privy Council, and though the opinion of many of the noblemen present was that the burgess had only been treated as he deserved, the Prior and others thought the young Constable should be admonished not to repeat his conduct.3 On 10 July 1606 he was raised to the Peerage under the title of LORD BLANTYRE. 4 Walter Stewart, pray our of Blantyre ves maid knight of Cardonald and thairafter bar one, banaret and lord of our Sovereign Lord's Parliament and ordained in all tyme thereafter to be called Lord of Blantyre/4 In March 1607 he was a Commissioner to the Synod of Lothian in the subject of the 4 Constant Moderator- ships,' and on 10 March 1609 he acted as an assessor in the trial of Lord Balmerino on the charge of treasonable cor- respondence with France.5 In the beginning of 1610 he was appointed one of the members of the newly-constructed Council.6 He was one of the commissioners for considering the question of the government of the Highlands and Islands,7 and was a Justice of the Peace of the counties of Edinburgh, Lanark and Renfrew.8 ' The good old prior of Blantyre ' 9 died full of years and honour, 8 March 1617.10 He married Nicolas, fourth daughter of John Somerville of Cambusnethan (contract 13 April 1582 "), by his wife Catherine, daughter of Patrick Murray of Philiphaugh,12 and had by her, who survived him, three sons and one daughter : — 1. Sir James Stewart, married Dorothy Hastings, born 15 January 1579, second daughter of George, fourth Earl of Huntingdon, but had no issue by her. She after- 1 P. C. Reg., vii. p. xxxiv. 2 Ibid., 164. 3 Ibid., 185. 4 Carmichael's Tracts, 28. 5 P. C. Reg., vii. 344; viii. 259, 260. 6 Ibid., viii. p. xiii. 7 Ibid., viii. p. lix. 8 Ibid., ix. 76, 77. 9 Cat. of State Papers, ii. 700. 10 Edin. Tests. n Reg. of Deeds, xl. 330. 12 Memorie of the SomerviUes, i. 425-496, 84 STEWART, LORD BLANTYRE wards married, about 1609, as his second wife, Robert Dillon, second Earl of Roscommon. Sir James having quarrelled with Sir George Wharton, the eldest son of Lord Wharton, was challenged by him to a duel, which was fought with sword and dagger at Islington 8 November 1609. Both combatants were killed on the spot, and were, by the King's command, interred in one grave in the churchyard there.1 There are two interesting letters from the Scottish Privy Council to the Secretary of State and the Treasurer, the Earl of Dunbar, regarding this affair, 17 November 1609. ' To the Secretary the Council say that they can do no less in this tyme of that heich displeasour of the agit fader, who is so far overcome with anguish, greiff, and sorrow, that he is altogidder insensable and cairles of his advis, then to recom- mend him to your good lordship, 'that measures might be taken to prevail on the King to allow Lord Blantyre to succeed to his son's effects : the letter to the Treasurer is of similar import.2 2. WILLIAM, second Lord Blantyre. 3. Walter, a doctor of medicine, who married and had two daughters : — (1) Frances Teresa, a cheery and vivacious beauty of the court of Charles n., and with whom that monarch was much in love. She was ultimately married privately, in March 1666-67, to Charles, Duke of Richmond. ' La belle Stewart,' as she was called, was made a Lady of the Bedchamber, and took smallpox shortly after her marriage. She is said to have divided the latter years of her life between cards and cats. She died 15, and was buried 22, October 1702 in Westminster Abbey, having bequeathed the bulk of her property to her cousin's son William, afterwards fifth Lord Blantyre, for the purchase of certain estates to be called ' Lennox's love to Blantyre.' He purchased accordingly the estate of Leth- ington in Haddingtonshire, and changed its name to Len- noxlove. There is a portrait of her by Sir Peter Lely ; Bothier, the engraver to the Royal Mint executed a medal of her, and she served as model for the figure of Britannia on the copper coins.3 (2) Sophia, married the Hon. Henry Bulkeley, Master of the Royal Household, fourth son of Thomas, first Viscount Bulkeley. 1 Gentleman's Mag., November 1800. 2 P. C. Reg., viii. 607. 3 Memoirs of Count de Grammont, edition 1889 ; i. 147 ; ii. 233-237. STEWART, LORD BLANTYRE 85 4. Mr. John.1 5. Anna, called ' senior filia,' married (marriage-contract 30 December 1608) to John, eighth Lord Abernethy ol Saltoun.2 He died in 1612, and his widow had sub- sequently, by James. Marquess of Hamilton, a natural daughter, Margaret, who was married to James Hamilton, first Lord Belhaven.3 6. Jean.4 II. WILLIAM, second Lord Blantyre, created a Knight of the Bath 2 June 1610.5 He was served heir to his grand- father 30 August 1614, and to his father 12 June 1621. He had a grant to himself and his future spouse, Helen Scot, on the resignation of his parents, of the barony of Blantyre and other lands 12 August 1615, and of the lands and mansion of Blantyre Craig 20 June 1616.6 He was a Justice of Peace for Edinbuf gh in 1620.7 He died 29 November 1638. He married Helen, daughter of Sir William Scot of Ardros, and Jean Skene (of Ourriehill). By her he had : — 1. WALTER, third Lord Blantyre. 2. ALEXANDER, fourth Lord Blantyre. 3. William, baptized 10 August 1626 ; 8 probably died young. 4. James, baptized 28 October 1627,9 died in infancy.10 5. Helen, eldest daughter, married to Mr. Thomas Hamil- ton of Parkley, son of Thomas, second Earl of Had- dington.11 6. Jean, baptized 16 January 1620.12 In 1638 she con- tracted an irregular marriage with a son of Patrick Lindsay, Archbishop of Glasgow.13 7. Margaret, married to John Swinton of Swinton (mar- riage-contract 28 December 1644 and 10 January 1645 H). She died in childbed in the Castle of Edin- burgh, where her husband was at the time im- prisoned, December 1662.15 8. Marie, who died, before April 1648, unmarried.16 1 Reg. of Deeds, cclxiii., 2 July 1617. 2 Reg. Mag. Sig., 14 February 1609. 3 Stodart MS. 4 Reg. of Deeds, cclxxxv. 23 June 1619. 6 Nicolas's Orders of Knighthood. « Reg. Mag. Sig. 7 P. C. Reg., xii. 769. 8 Torphichen Par. Reg. of Baptisms. 9 Edinburgh Reg. 10 Canongate Burials, Novem- ber 1627. n Gen. Reg. Sas., 2nd ser., xvi. 284 ; also Acts and Decreets, Dlxiii. 125; Decreets, Durie, 23 June 1677. 12 Edinburgh Reg. 13 Stodart MS. " Reg. Mag. Sig., 7 February 1650. 15 The Swintons of that Hk, 71. 16 Reg. of Deeds, Dlxi. 16 October 1649. 86 STEWART, LORD BLANTYRE III. WALTER, third Lord Blantyre, was served heir to his father 11 May 1639.1 He married Margaret, daughter of Sir William Mure of Rowallan,2 sasine to her as his future wife 24 September 1641 ,3 and dying without issue, in October 1641,4 was succeeded by his brother, IV. ALEXANDER, fourth Lord Blantyre. He married Mar- garet, daughter of John Shaw of Greenock, by Helen Houston his wife. On 7 September 1649 he granted a charter with consent of his curators, to her of certain lands in liferent.5 He was one of the ' Engagers ' who offered in 1647 to put the arms of Scotland at the disposal of Charles i. In the proceedings which were subsequently taken by Parliament against the Engagers, Lord Blantyre was fortunate enough to escape punishment, a special Act being passed, 30 June 1649, declaring that although he had acted as the route- master of a troop, yet seeing he was t drawin thairinto throw perswasioune of perverse counsall and out of ane vaine and chyldisch desyr to see the ordour and fashione of arms,' he was pardoned on condition of giving satisfaction to the General Assembly.6 At this time it is stated he was a minor, and out of the kingdom, so he must have returned to Scotland shortly after, and proceeded to marry Margaret Shaw. The date of his death is not known, but must have been previous to 1690. By his wife he had : — 1. ALEXANDER, fifth Lord Blantyre. 2. Helen, married (contract 6 June 1672 7) to James Muir- head of Bredisholme, whom she survived, and died in Glasgow 1735.8 V. ALEXANDER, fifth Lord Blantyre. In 1689 he is found taking the oath of allegiance after the Revolution, and subscribing the oath declaring the legality of the meeting of Estates summoned by the Prince of Orange,9 and he signed a letter of congratulation to King William. He gave a still more practical proof of his adherence to the Hanoverian Government by raising a regiment of six hundred Foot, and got a commission as its colonel.10 He 1 Ret. Lanark, 198. 2 Hist, of the House of Rowallan, 88. 3 Gen. Eeg. Sas., 1. 153. 4 Test, confirmed 28 June 1643, Glasgow Com. 5 Laing Charters, No. 2397. 6 Acta Parl. Scot., vi. ii. 410. 7 Gen. Eeg. Sas., xxix. 455. 8 Test, confirmed 1 April 1735, Glasgow Com. 9 Acta Parl. Scot., ix. 9. 10 Ibid., 50, 57. STEWART, LORD BLANTYRE 87 wrote to Lord Melville, 1 July 1689 : ' I have levied one regiment for his Majesty's service, and I hope it shall be found inferior to none of the other regiments; and this week I have advanced near eight hundred lib. sterline for cloathing them, and shall have them readie at a call when ever the King shall command them ; and if his Majesty think fit to honour me with his commands ... I shall desire to possess life and fortune no longer than my wil- lingness continues to venture them for my religion and King.' * At the meeting of Convention, 9 June 1702, his Lord- ship was one of the seceding members who protested against its legality, and was by them sent up to London with an address to Queen Anne containing the reasons of their procedure ; this her Majesty refused to receive, but granted Lord Blantyre personally an audience. In the same year he got a great accession of fortune through the death of his relative the Duchess of Richmond and Lennox as mentioned above. In 1703 he had a serious quarrel with the Commissioner the Duke of Queensberry, and called him in presence of the Lord Advocate ' a base and impudent liar.' On a complaint by the Lord Advocate he was ordered into the custody of the High Constable, but speedily made his submission. He was, however, brought before the House, and the Lord Chancellor said that the Commissioner was pleased to dispense with his making his acknowledg- ment of fault on his knees, but besides being obliged to beg pardon of the Commissioner and the Estates, he was mulcted in a fine of £5000.2 Lord Blantyre died 20 June 1704. There is a graphic description of him given by Macky ; 3 ' a very busy man for the liberty and religion of his country, yet whatever party gets the better, he can never get into the administration . . . very zealous for the Revolution. . . . A little, active man, but thinks very seldom right, and can neither speak nor act, but by overdoing spoils all. He loves to be employed, and therefore is often made the finder of a party ; can start the hare, but hath no other part in the chase ; makes but a mean figure in his person, very short of stature, short-sighted, fair complexioned, towards fifty years old.' 1 Leven and Melville Papers, 146. 2 Ada Parl. Scot., xi. 74, 3 Characters. 88 STEWART, LORD BLANTYRE He married, first, Margaret, eldest daughter of John Henderson of Fordel, Bart., without issue; second, in or before 1683, Anne, sister of John, second Lord Belhaven (see that title), by whom, who died at Bath about 31 December 1722, he had :— 1. WALTER, sixth Lord Blantyre. 2. ROBERT, seventh Lord Blantyre. 3. John, admitted to the Faculty of Advocates 21 Feb- ruary 1710, died 16 February 1740.1 4. James. 5. Hugh, died in Ireland 7 February 1769.2 6. Marion, married at Oardonald, 24 February 1704, to James Stirling of Keir. Postnuptial contract dated 29 February 1704. She had by her husband no less than fourteen sons and eight daughters, and died at Cawdor 20 March 1770.3 7. Frances, married, 2 March 1707, to Sir James Hamilton of Rosehall, Bart., without issue. 8. Helen, married, about 1715, to John, Lord Gray, with issue. 9. Anne, married to Alexander Hay of Drummelzeir; died in March 1743, leaving issue. VI. WALTER, sixth Lord Blantyre, born 1 February 1683.4 He voted against the Union in Parliament, but was after- wards chosen one of the sixteen Representative Scottish Peers at the general election in 1710. He died at West- minster of a fever, 14 June 1713,5 unmarried, and was buried in the Richmond vault in Henry vn.'s Chapel, in West- minster Abbey. He was succeeded by his next younger brother, VII. ROBERT, seventh Lord Blantyre. He was a captain of a regiment of Foot, and was serving in Minorca when the succession opened to him. He died at Lennoxlove 17 November 1743, and was buried at Blantyre. He married, first, Helen, eldest daughter of John, fourth 3arl of Strathmore, by whom he had : — 1. Alexander, died young. He married, secondly, Margaret, daughter of the Hon. 1 Edinburgh Tests. 2 Edinburgh Mag. 3 Fraser's Stirlings of Keir, 73. 4 Edinburgh Reg. 5 Political State of Great Britain, 459. STEWART, LORD BLANTYRE 89 William Hay of Drummelzier, brother of the first Marquess of Tweeddale (see that title), and by her, who died at Lennoxlove 13 December 1782, aged eighty-five, had : — 2. WALTER, eighth Lord Blantyre. 3. WILLIAM, ninth Lord BJantyre. 4. ALEXANDER, tenth Lord Blantyre. 5. John, died unmarried. 6. James , a captain, Thirtieth Foot Guards, with the rank of lieutenant-colonel in the army, killed at the battle of Guildford, North Carolina, 15 March 1781. 7. Charles, was in the civil service of the Honourable East India Company, and a member of the Supreme Council of Bengal. 8. Margaret, died unmarried at Lennoxlove 4 June 1794. 9. Helen, married, 1 April 1755, to Oliver Colt of Auld- hame, and had :— (1) Robert, born 22 September 1756, admitted to the Faculty of Advocates 1777, and died at Dover 29 December 1797. He married, 22 September 1778, Grizel, daughter of Robert Dundas of Arniston. She died 27 September 1798, leaving issue. (2) Oliver. (3) Margaret. (4) Mary, married at London, 8 January 1796, to Charles Pye of Wadley, Berks, major, Third Dragoons. (5) Helen, married in June 1785 to Sir David Rae of Eskgrove, second baronet, son of Lord Eskgrove, with issue four daughters. (6) Elizabeth, married, 2 January 1802, to James Willis of the India House, and died May 1803. 10. Marion, died unmarried at Lennoxlove 27 November 1780. 11. Elizabeth, married at Edinburgh, 15 April 1760, as his first wife, Captain William Colquhoun of Garscadden,1 and died 27 April 1772, without issue. VIII. WALTER, eighth Lord Blantyre, resided much abroad. Lady Jane Douglas, writing from Utrecht, 10 February 1747, says : 4 Among the rest of the British, young Lord Blantyre deserves the greatest praise. He has extreme good sense, the best scholar, the greatest application, a vast pleasure in reading, and the best taste in books, is free from all manner of vice, and has the sweetest temper in 1 'Register of old St. Paul's,' Scot. Antiq., v. 150. 90 STEWART, LORD BLANTYRE the world, and to all appearance will be a very great honour to his country.' l Allowed £200 on abolition of Heritable Jurisdictions, as compensation for his regality of Kirk- patrick.2 He died, unmarried, at Paris, 21 May 1751, in the twenty-fifth year of his age, and was buried, 9 July, at Blantyre. There are two poetical tributes to his memory in the Scots Magazine, 1751. IX. WILLIAM, ninth Lord Blantyre, succeeded his brother ; was a colonel in the service of the States of Holland, and died, unmarried, at Erskine, 16 January 1776.3 X. ALEXANDER, tenth Lord Blantyre, succeeded his brother. He resided at Erskine, and took much interest in the management of his estates, and in agriculture generally. He is described as 4 an amiable and respected nobleman, and a most worthy and useful citizen. His conduct as a landlord was not only humane but highly judicious, as it equally tended to promote the real interest of the proprietor and tenant, and the general advantage of the country.' * He died, at Clifton, 5 November 1783. He married, 23 July 1773, Catherine, eldest daughter and heiress of Patrick Lindsay of Eaglescairnie, by his wife, Margaret Haliburton : she died 29 December 1822, leaving issue : — 1. Margaret, born 16 August 1774 ; married, 5 October 1809, Rev. Dr. Andrew Stewart, minister of Bolton, who had been presented to that parish by her brother, Robert, Lord Blantyre, in 1804, and was translated to Erskine in 1815. He had taken his degree as a Doctor of Medicine, and is said to have successfully treated his wife for consumption. He died, 26 December 1838, in his sixty-eighth year. She died, 20 October 1839, aged sixty-four, leaving a son, Robert, who succeeded his father in the parish, and married a daughter of Lord Cockburn.5 2. ROBERT WALTER, eleventh Lord Blantyre. 5. Sir Patrick, G.O.M.G., of Eaglescairnie, colonel Nine- teenth Foot, born 10 June 1777; died 7 February 1855; married, 20 July 1810, Catherine Henrietta, 1 Defender's Proof, Douglas Cause. 2 Heritable Jurisdiction Writs, Gen. Reg. Ho. 3 Glasgow Tests. 4 Old Statistical Account. 5 Scott's Fasti Eccl. Scot., ii. 247. STEWART, LORD BLANTYRE 91 eldest daughter of HOD. John Rodney, and issue. 6. William, lieutenant-general, was an officer in the Eighteenth Foot Guards, and served in the expedition to Holland 1799; born 29 August 1778, died 15 February 1837. 7. Charles, barrister-at-law, of Lincoln's Inn and the Inner Temple ; born 25 October 1780, died 2 Decem- ber 1858. XI. ROBERT WALTER, eleventh Lord Blantyre, born 26 December 1775, educated at Eton. Ensign in the Third Foot Guards 1795, afterwards captain in Thirty-First Foot and Seventh Dragoons, and lieutenant-colonel Forty-Second Highlanders. He served in Holland in 1799, in Egypt in 1801, as A.D.O. to General Stuart, in the expedition to Pomerania and Zealand in 1807, and in the Peninsular War in 1809. He rose to the rank of lieutenant-general, and was made a Companion of the Bath, 4 June 1815. He was elected one of the sixteen Scottish Representative Peers, 1806 ; and was for some time Lord-Lieutenant of Renfrew- shire. He was accidentally killed by a shot fired during the Revolution in Brussels while looking out of the window of his hotel there, 22 September 1830. He married, in Edinburgh, 20 February 1813, Fanny Mary, second daughter of the Hon. John Rodney, son of the celebrated Admiral Lord Rodney, and had by her, who was born 17 April 1791, and died 19 November 1875 : — 1. Alexander, died v. p. February 1814. 2. CHARLES WALTER, twelfth Lord Blantyre. 3. WZZiam,K.C.M.G.,C.B., born 3 March 1824 ; Secretary to Embassy at St. Petersburg ; married, 6 September 1866, Georgina, eldest daughter of Major-General George Borlase Tremenheere, and died s. p. 1 April 1896. She died 3 January 1901. 4. Walter Rodney, born 16 July 1826 ; died 13 September 1838. 5. James, lieutenant-colonel Rifle Brigade, born 28 July 1827 ; died, unmarried, 11 April 1870. 6. Henry, born 30 June 1830 ; died 13 April 1842. 7. Catherine, born 28 February 1815 ; married, 28 March 92 STEWART, LORD BLANTYRE 1843, to William Rashleigh of Menabilly, Cornwall, who died 31 October 1871. She died 8 November 1872. 8. Fanny Mary, born 17 April 1816 ; married, as second wife, 10 August 1847, to William Busfield Ferrand, M.P., of Harden Grange, Yorkshire, who died 31 March 1889. She died 18 December 1896. 9. Georgiana Eliza, born 17 June 1821; married, 27 May 1857, to the Right Hon. Sir Andrew Buchanan, Ambassador Extraordinary at St. Petersburg and Vienna, who died 13 November 1882. She died at Castle Grant 21 March 1904. 10. Caroline Henrietta, born 4 March, died 19 October 1825. 11. Caroline (twin with Henry), born 30 June 1830; married, 12 August 1850, to John Charles, Earl of Seafield. XII. CHARLES WALTER, twelfth Lord Blantyre, born 21 December 1818; Representative Peer 1850-92; D.L. Lanark and Renfrew. He died 15 December 1900, when the Barony became extinct. He married, 4 October 1843, Evelyn Sutherland Leveson-Gower, second daughter of George Granville, second Duke of Sutherland, who died 24 November 1869, and had issue : — 1. WALTER, Master of Blantyre, born 17 July 1851, captain 1st Sutherland Highlanders; died, unmarried, 15 March 1895. 2. Mary, born 15 September 1845. 3. Ellen, born 21 August 1846 ; married, 15 June 1864, Sir David Baird, Bart., and has issue. 4. Evelyn, born 24 June 1848 ; married, 7th March 1871, to Archibald, third Marquess of Ailsa; and died 26 July 1888, leaving issue. 5. Gertrude, born 11 October 1849 ; married, 30 Sep- tember 1875, to William Henry Gladstone, who died 4 July 1891, and had issue. 6. Blanche, born 6 March 1867 ; died 7 September 1868. CREATION. — Lord Blantyre, 10 July 1606. ARMS.— Not recorded in Lyon Register, but given by STEWART, LORD BLANTYRB 93 Nisbet as — Or, a fess chequy azure and argent, surmounted of a bend engrailed, and in chief a rose gules. CREST. — A dove with an olive leaf in its mouth proper. SUPPORTERS. — Dexter, a savage wreathed about the head and middle with laurel, holding in his right hand a baton, all proper : sinister, a lion rampant gules. MOTTO — Sola juvat virtus. [J. B. P.] BORTHWICK, LORD BORTHWICK ETTING aside the sug- gestion of a continental origin,1 it seems probable that the family of Borth- wick derived its surname from the lands or ter- ritory so called, lying along the Borthwick Water,2 on the borders of Selkirk and Roxburgh; and it certainly gave the name to the parish of Borthwick, known more anciently as Loch- orwart, in the county of Edinburgh. THOMAS DE BOBTHWICK obtained a charter from John of Gordon, Lord of that Ilk, of the half-lands of Ligertwood, near Lauder, in Berwickshire, which is not dated, but must have been granted between 1357 and 1367.3 His son and heir, William de Borthwick, was concerned in a cause with Thomas de Hay, regarding the lands of Middleton, 1 See, however, Hay's Estimate of the Scottish Nobility, 1577, ed. Rogers 1873, 21 ; Douglas, 1764, 76, citing Martin of Clermont's MSS. ii. ; and Martin again in Macfarlane's Gen. Coll., ii. 131. 2 The name of the lands occurs in the form ' Bordewich,' in charters by the Avenel family to the monks of Melros, in the reign of William the Lion, 1165-1214 ; and the town and territory of Bortwic appear in a grant between 1214 and 1249 (Lib. de Melros, 30, 34, 237). An evident belief in the high antiquity of the name prompted Scott to introduce * old Borthwick's roaring strand ' in the first canto of his Lay ; and Leyden, in his Scenes of Infancy, speaks of ' Bortha hoarse ' rolling her red tide to the Teviot. 3 Charter in Gen. Reg. House, No. 151. John Major has a story, which he places as early as 1361, of a ' lord ' Borthwick, who made his escape from captivity in England (History, Scot. Hist. Soc., 299). BortiflDtrfe BORTHWIOK, LORD BORTHWICK 95 Midlothian, in 1368,1 and there is no reason to doubt that this son was SIR WILLIAM BORTHWICK, who in 1378 was in possession of the lands of Catcune,2 Midlothian, and who appears to have been variously described as of Catcune, of Ligertwood, and of Borthwick. He was employed as an ambassador or com- missioner in the reigns of Robert in. and James i., and went to England on many diplomatic missions, from 1398 3 to 1413. On 21 September 1405 he was one of the hostages for Archibald, Earl of Douglas, who had been taken, for the second time, at the battle of Shrewsbury.4 He obtained a charter of the lands of Borthwic and Thof tcotys in Selkirk- shire, 4 June 1410. Between 1408 and 1414 he is several times noticed in conjunction with William de Borthwick, his son.5 The name William occurs as that of the eldest son in six or seven successive generations in the main line of the family, and in seven successive generations of the Soltray branch, and difficulty has always been experienced in distinguishing any one William from those coming immediately before and after him. There is still room for hesitation at the starting-point, as elsewhere, but, looking to the dates, the probability is that the first knight died in or soon after 1414, and was succeeded by his son,6 SIR WILLIAM BORTHWICK, the second of Borthwick, who was Captain of Edinburgh Castle in 1420, and had the collection of customs delegated to him, although not him- self free from the charge of having been a depredator.7 He was one of the hostages given for James I. when he was allowed to visit Scotland in 1421, and a commissioner to treat for his release in 1423. Again, he was a hostage for his Majesty when he was permitted to return to his own kingdom in 1424. In 1425 he was on the assize for the trial 1 Acta Part. Scot., i. 505b, 506a. 2 Charter cited by Douglas, 1764, 76. 3 Three treaties with the English, 26 and 28 October and 6 November 1398, in which he took the lead on the part of Scotland, are printed in Borthwick's Inquiry into the Feudal Dignities, 1775, 59, 68, 71. His seal shows on a shield couche\ three cinquefoils, two and one ; crest, a dragon's head and neck ; supporters, two lions sejant (Cal. Doc. Scot., iv. Nos. 510, 512). 4 Godscroft, 1644, 123; Douglas Book, i. 374 ; Cal. of Docs., iv. 707. 5 Douglas Book, iii. 368, 408, 411 ; Reg. Mag. Sig. 6 According to Douglas, 76, 526, a daughter of Sir William Borthwick married Sir John Oliphant of Aberdalgy, but it would be rash to say of which Sir William. 7 Exch. Rolls, iv. 224, 321, 322. 96 BORTHWICK, LORD BORTHWIOK of Murdoch, Duke of Albany, and in the same year one of the substituted hostages for the ransom of the King sent to England, where he remained till 1427, when an order was issued for his liberation from the custody of the Prior of Durham. On 2 June 1430 he obtained from the King a letter of licence l to erect, at the Mote of Lochorwort, what has been authoritatively described as 'by far the finest of our castles built on the model of the keep.'2 Borthwick Castle superseded Oatcune as the principal residence of the family, but Catcune remained a possession for more than two centuries afterwards.3 It has been often stated that the Peerage was created in the person of this Sir William, but that he died a commoner, before 7 March 1449-50, is proved by the description of his daughter, Lady Dalkeith, in a Grown charter of confirmation, as * filia quondam Wilelmi de Borthwick de eodem militis.' 4 He is known to have had issue : — 1. WILLIAM, first Lord Borthwick. 2. Janet, married, first, as his second wife, to James Douglas, Lord of Dalkeith (whose first wife was the Princess Elizabeth, third daughter of Robert in.), and, secondly, to George Orichton, Earl of Caithness. 3. Margaret, married, first, to William de Abernethy,5 killed at Harlaw, 24 July 1411, and, secondly, after 9 December 1421, by Papal dispensation, to William de Douglas, her sister's stepson. I. SIR WILLIAM BORTHWICK, the third of Borthwick, had a letter of safe-conduct to pass through England, 9 June 1425, being, with the Bishops of Aberdeen and Dun- blane, and seven others, ambassador from Scotland to Rome. He is said to have been knighted at the baptism of Alexander and James, the twin sons of James I., in 1430. In a Crown charter of 4 December 1450 he is described as ' Wilelmus de Borthwic de eodem ' ; 6 he is designed as Lord Borthwick in two Crown charters of 1454,7 the one dated 21 July and the other 27 October ; and he sat as a Lord of Parliament under the title of LORD BORTHWICK, and sealed, as one 1 Eeg. Mag. Sig. 2 MacGibbon and Ross, i. 344. 3 Part. Reg. of Sas., Edin., 19 December 1663. 4 Eeg. Mag. Sig. 6 Robertson's Index, 167, No. 29. 6 Reg. Mag. Sig. 7 Innes, Scotch Legal Antiquities, 126 ; Eeg. Mag. Sig. BORTHWICK, LORD BORTHWIOK 97 of the barons, the instrument of forfeiture against James, ninth and last Earl of Douglas, on 17 June 1455.1 He must have been raised to the Peerage in the interval between 4 December 1450 and 21 July 1454. According to the Auchinleck Chronicle, a number of lords were 4 maid ' in the Parliament which began its sittings at Edinburgh 12 June 1452, including 4 The lord borthuik of that Ilk.'2 No instrument creating the dignity being extant, and a contrary descent not having been shown, the destination has been held to be to the heirs-male of the body of the grantee. In Parliament, 14 March 1457-58, the Chancellor, addressing himself to James, third Lord Dalkeith, who was about to marry the Princess Joan, sister of James n., stated that the King purposed to create him Earl of Morton, whereupon Lord Borthwick, on behalf of his sister Lady Dalkeith, represented that the lands of Morton heritably belonged to her ancf her son, and prayed that the King might do nothing to the prejudice of their rights. In answer the Chancellor explained that Lord Dalkeith was not to receive his title from Morton in Nithsdale, but from Morton in the territory of Caldercleir, of which declaration Lord Borthwick had a formal record preserved.3 In 1459, 1461, 1463, and 1464-65, William Lord Borthwick was engaged in diplomatic relations with England, but as the date of the death of the first Lord is unknown, it is impossible to say whether these missions ought to be assigned to him or to his son. His lordship had issue : 4 — 1. WILLIAM, second Lord Borthwick. 2. Margaret, married to Sir John Maxwell of Calderwood, before 4 December 1450.5 II. WILLIAM, second Lord Borthwick, appears to have been more than once ambassador to the English court, and had a safe-conduct as such on 7 August 1471 and again on 1 Acta Parl. Scot., ii. 77a. 2 Ms. of John Asloan, Ane schort memoriale, 127, print ed. Thomson, cir. 1818. 3 Suth. Addl. Case, 55 ; Macfarlane's Gen. Coll., ii. 288. 4 Sir Archibald Dundas of Dundas is said to have married Agnes, daughter of a William, Lord Borthwick (Dundas Letters, ed. Macleod, xvi. citing Martin's Collections). John Borthwick, whose descendants claimed the Peerage in 1774 and 1812, on the ground that he was a son of the first Lord Borthwick, acquired the lands of Crookston, Midlothian, by charter from Sir Alexander Ramsay of Dalwolsy, dated 17 July 1446. 6 Reg. Mag. Sig. as above, and 19 January 1477-78. VOL. II. G 98 BORTHWIOK, LORD BORTHWICK 24 August 1473. He was one of the Lords Auditors in 1467. On 21 November 1458 the first Lord obtained a gift under the Great Seal of the marriage of Mariota de Hoppringill of that Ilk, from which it has been reasonably inferred that she became the wife of his son, now under notice. James in. held Yule in 1473 at Edinburgh, and the Lady Borthwick is specially mentioned as one of those invited to share in the festivities.1 The second Lord died between 6 October 1483 and 7 February 1483-84,2 leaving issue :— 1. WILLIAM, third Lord Borthwick. 2. James, of Glengelt, 1467. Appointed to choose men to garrison Hume' and other castles, and to command in person at Hume, 1481.3 Left issue. 3. Sir Thomas, of Oolylaw, 1473, married Helen Ruther- furd, and by her had Alan, of Colylaw and Bourhouses, 1503.4 4. Alexander, living in 1495. III. WILLIAM, third Lord Borthwick, was knighted in his father's lifetime. On 20 September 1484 he was one of the guarantees of a treaty with England. He was one of the Lords Auditors in 1484 and 1485, and in the latter year Master of the Household to James in.5 He was witness to a charter by the King on 28 May 1488,6 a few days before His Majesty's death at Sauchie, and on the Committee of Causes 1488-91, 7 and the Council of James iv. and the Privy Council 1489.8 The charter alleged to have been granted by him on 5 December 1489, ' dilecto filio meo naturali Alexandro Borthwick et Margarete Lawson sponse sue,' and the precept and sasine following thereon, all mentioned in Douglas's Peerage, edited by Wood, ii. 653, and in Riddell's Inquiry into the Law and Practice in Scottish Peerages, 580, were annulled by the Court of Session, the precept on 9 June 1868 and the charter and sasine on 28 February 1871. He was one of the conservators of a treaty with England 30 September 1497 and 12 July 1 Lord Treasurer's Accounts, i. 46. 2 Minutes of Evidence on claim of Archibald Borthwick, 116. 3 Acta Parl. Scot., ii. 140. 4 Beg. Mag. Sig., 1 December 1503. 6 Exch. Rolls, ix. 298. 6 Acta Parl. Scot., vi. pt. ii. 230a. 7 Ibid., pt. ii. 212b, 224a, 229b. 8 Ibid., pt. ii. 215a, 220b. BORTHWIOK, LORD BORTHWICK 99 1499. Lord Borthwick died fifteen days before Pentecost 1503,1 having had issue : — 1. WILLIAM, fourth Lord Borthwick. 2. Adam, living 1496-1505.2 3. Alexander, of Nenthorn,3 and in Johnstonburn, who married Margaret Lawson (whom Douglas states to have been a daughter of Lawson of Humbie),4 and died before 17 August 1513, leaving : 5 — (1) William, first of Soltray6 and in Johnstonburn, who married Janet Sinclair, and died before 9 May 1541, leaving :— i. William, second of Soltray and in Johnstonburn, who died before May 1549, leaving :— (i) William, third of Soltray7 and of Johnston- burn. Married Katherine Creighton, and died in 1563. His wife survived him and married James Lawson.8 William Borthwick had issue : — a. William, fourth of Soltray9 and of John- stonburn. Forfeited his estates, 11 July 1604 (as having incurred the penal- ties of treason under the Act 1587, c. 50), for breaking into the house of 1 Retour in lands of Aberdour, 3 October 1503, Records of Sheriff Court of Aberdeen ; Lord Treasurer's Accounts, ii. 408. 2 Protocol Book of John Fowler. 3 Nenthorn was acquired by Sir William Borthwick from Wil- liam, Earl of Douglas, 15 May 1449, Fifth Rep. Hist. MSS. Com., App. 611. 4 Of this family, and of this period, was Marjory Lawson (Lady Glen- eagles), the 'fair Lady, freshe and gay' of Squyer William Meldrum, living in the pages of Sir David Lyndsay. 5 The male descent from Alex- ander Borthwick to Archibald Borthwick, 1808, and Cunninghame Borthwick, 1868, having been established on the claim of the latter, it has not been thought necessary to give here the references to the Minutes of Evidence. 6 Soltray or Soltra (pron. Soutra), in the county of Hadding- ton (now transferred to Midlothian), was long famous for its church and hospital, in connection with Trinity College, Edinburgh, and from the college the family held the estate. ' Broad Soltra's mountains ' form a feature of the landscape in Sir Walter Scott's ballad of 'Thomas the Rhymer.' The residence of the Borthwicks of Soltray for nearly two hundred years was at Johnstonburn in Haddingtonshire, and the other lands belonging to them in the sixteenth century were Nenthorn and Threeburnford in Berwickshire, Reidhall and Bissatslands in Haddington, and Nether Sheills, Sheillie and Campaslack, Nettlingflatt and Hanging- shaw in the county of Edinburgh. 7 In Letters of Reversion, 10 April 1563, Master David Borthwick of Lochhill describes William Borthwick of Soltray as his cousin (Laing Charters, 757). There is, however, nothing to show how the King's Advocate came into the pedigree. 8 Acts and Decreets, xlviii. 48. 9 Douglas says (but without giving his authority) that William Borthwick of Soltray was Chamberlain to Queen Mary and made a considerable figure in her reign. She had certainly a member of her household named Borthwick, but the identity is doubtful. 100 BORTHWICK, LORD BORTHWIOK James Scrymgeour of Fordell and steal- ing four horses, and for using and uttering false coin. Married Barbara Lawson, and died 24 January 1640, ' commending his soull into the hands of Jesus Chryst, his onlie Saviour.' He left :— (a) Colonel William, fifth of Soltray and of Johnstonburn, who appears to have recovered possession of the estates, subject to certain rights in favour of his father. In , the service of Gustavus Adolphus at the time of the battle of Lutzen, 1632,1 and abroad at a later period, his affairs in Scotland being managed by his brother Alex- ander. He married Janet Lies, and died before January 1663, leaving : — a. Major WILLIAM of Johnston- burn, de jure eleventh LORD BORTHWICK. Married at Dud- dingston,2 28 April 1665, Marion Moorehead, and died between 1687 and 28 June 1690. There is built into the garden wall at Johnstonburn a monu- ment, probably removed from Humbie churchyard, bearing a coat of arms and this epitaph, commemorating a member of the family whose identity is un- certain : 3 — * Here lyes interr'd within this pile of ston A Borthwick bold. Scarce left he such a one : Treu to his God and loyal to his king, Ane galand man, and just in everything.' Major Borthwick had issue : — a. Colonel WILLIAM of John- stonburn, de jure twelfth LORD BORTHWICK, baptized 8 February 1666.4 Married 1 Douglas, 1764, p. 79 ; Monro's Expedition, 102. 2 Parish Register of Humbie. 3 According to Douglas, Major Borthwick raised a company in support of Charles I. The fact maybe, either that it was he who took part in the Civil War, or that his father came home for a time to do so. A Colonel William Borthwick was made prisoner at Worcester, 1651, but appearances point to his having been of a different family. 4 Parish Register of Humbie, and so for baptisms of his brothers and sisters. BOBTHWIOK, LORD BORTHWICK 101 Jean, daughter of Robert Ker of Kersland.1 He en- tered the Cameronian Regi- ment as captain on its for- mation in 1689, and was wounded at Dunkeld 2 and at Blenheim,3 and killed at Ramillies,4 23 May 1706. Left no issue. /3. David, baptized 27 October 1675, predeceased William without issue. y. Walter, predeceased Wil- liam, without issue. d. Robert, baptized 7 June 1687, predeceased William, without issue. t. Barbara, baptized 9 May 1677; married, June 1702, to William Borthwick of Fala- hill. Survived her eldest brother, and left issue.5 £. Helen, baptized 3 July 1678 ; died early. 77. Isabel, baptized 13 May 1683 ; died early. 6. Katherine, baptized 8 June 1685. Survived her eldest brother. t. Marion, died early. (6) Alexander, successively in John- stonburn, Gilchriston, and Salt- coats (Haddington). Married Sibilla (who died in 1650), daughter of William Cairnes of Pilmuir, and had issue :— a. William, of Pilmuir and Mayshiell,6 chirurgeon in Edinburgh. Surgeon to Earl of Mar's Regiment, 31 Jan- uary 1684, and Surgeon Major of the Forces in Scotland, 24 1 Robertson's Ayrshire Families, ii. 294. 2 Crichton's Blackader, 97. 3 Ferguson's Scots Brigade, ii. 23. 4 Lieut.-Col. Blackader, writing to his wife of the victory at Ramillies, says, ' What puts water in my wine- cup is that poor Colonel Borthwick was killed that day, behaving like a gallant man. We buried him yesterday at his colours ' (Crichton's Life, 278). * In the evening . . . laid in the bed of honor ' (The Remembrance, Scot. Hist. Soc., xxxviii. 382). 5 Her descendant, Mrs. Anne Jane Mower (nee Steuart), gave evidence at the bar of the House of Lords, in the Borthwick case, on 12 July 1869. 6 He bore, argent, a heart proper betwixt three cinquefoils sable ; crest, an eagle rousant proper ; motto, Nee deerit opera dextra (Lyon Register, 1673-78). 102 BORTHWIOK, LORD BORTHWIOK March 1686. 1 Married, first, January 1666, Marion, eldest daughter of James Borthwick of Stow. She died March 1676, and by her he had (be- sides other children who died young) : — (a) Mary, married to Sir Alexander Livingston of Glentirran. (j3) Margaret, married, Jan- uary 1698, to John Camp- bell of Knockreoch. He married, secondly, Octo- ber 1677, Marjorie, youngest daughter of Harie Steuart, brother of Sir Thomas Steuart of Grantully, by whom he had:— (y) Captain HENRY of Pil- muir, de jure thirteenth LORD BORTHWICK. He received from Queen Anne, 12 May 1702, his commission in the Cam- eronians, then in Holland. Mortally wounded at Ramillies,2 23 May 1706, and died on the 27.3 His four days' survival of his kinsman, Col. William of Johnstonburn, placed him in right of the Peerage for that period. He mar- ried Mary, daughter of Sir Robert Pringle of Stitchill, Bart., and left issue :— A. WILLIAM, of Pilmuir, dejure fourteenth LORD BORTHWICK, who died before 28 November 1723, without issue. B. HENRY, of Mayshiell, fifteenth LORD BORTH- WICK. William Borthwick, chir- 1 Laing Charters, 2822, 2840. 2 Blackader says, ' We advanced and made our dispositions to attack, and whenever we came near enough they cannonaded us furiously all the time we were advancing. We had here about twenty men killed and wounded. Poor Harry Borthwick was the first, and had his leg shot off by a cannon ball,' (Life, 276). 3 Retour of his son Henry, 7 April 1724. BORTHWICK, LORD BORTHWIOK 103 urgeon, married, thirdly, 1682, Euphame Young, and died in July 1689. /3. Alexander, died, without issue, before 1689. y. John, baptized 30 July 1648; died early. 8. Adam, died, without issue, before 1689. €. Thomas, in Saltcoats ; died, November 1672, without issue. £. Agnes, married, 22 June 1654, to George Pringle, brother to James Hoppringle of that Ilk. 77. Sibilla, baptized 7 July 1650. b. Alexander, in Reidhall, afterwards of Sauchnell, died before 24 January 1640, leaving :— (a) Andrew, of Sauchnell, M.A. (Edin.), 1623, who married Margaret Turnbull, and had : — a. Charles, of Sauchnell, writer in Edinburgh, born about 1638; died, 15 May 1718, without issue. 0. Archibald, M.A. (Edin.), 1659; minister of Greenlaw, 1693; chaplain to Lord Pol- war th's Dragoons, 1708; and minister of Polwarth, 1709. ] By his first marriage he had : (a) PATRICK, in Castle- steads, merchant in Leith, de jure sixteenth LORD BORTHWICK. Married Marion Scott, and died, 6 October 1772, having had an only child, A. ARCHIBALD, merchant at Christiansand, after- wards banker in Edin- burgh, de jure seven- teenth LORD BORTH- WICK, born 13 May 1732. 2 Married, April 1777, Margaret Nicolson, daughter of James Scott, C.S., who died 8 Decem- ber 1833. Claimed the Peerage in 1808; served heir-male of Henry, Lord 1 Scott's Fasti, i. 416, 423. 2 Parish Register of Inveresk. 104 BORTHWIOK, LORD BORTHWICK Borthwick, 29 January 1810; and died 13 July 1815, having had eight children, of whom the following attained ma- jority :— (A) PATRICK, merchant in Leith, afterwards manager of the Na- tional Bank of Scot- land, de jure eigh- teenth LORD BORTH- WICK. His portrait, a three - quarter length, hangs in the board-room of the Bank. Born 12 Sep- tember 1779; married, 13 November 1804, Ariana, second daughter of Cunning- ham Corbett,1 mer- chant in Glasgow, son of John Corbett of Tolcross, who died 30 December 1836. Claimed the Peerage in 1816, and died 12 April 1840, having had:- AA. ARCHIBALD, C.A., de jure nine- teenth LORD BORTHWICK, born 31 August 1811. Head of the firm of Borthwick and Raleigh, after- wards Borthwick, Howden, and Mol- leson. Married, September 1840, Mary Louisa, daughter of John Home - Home of Longf ormacus, who died 22 No- vember 1868. He died 3 July 1863, having had :— (A A) Patrick, born 23 February 1843, 1 Mr. Corbett privately printed The Families of Boyds of Kilmamock Porterfields of Porterfield, and Corbetts of Tolcross, Glasgow, 1816, 4to. BORTHWICK, LORD BORTHWIOK 105 died 26 January 1844. (BB) John Home, born 25 October 1847, died 19 December 1848. (cc) Louisa Ham- say, married, 3 Junel873,Lieut.- CoLHenryPhilip Miles Wylie. (DD) Ariana, born 10 August 1844, died 22 Decem- ber 1867. (EE) Margaret Scott, born 10 December 1849, died 10 April 1858. (FF) Mary Cathe- Q rine, married to William George Spens, Secretary of the Scottish Amicable Life Assurance So- ciety, and has issue. BB. CUNNINGHAME, twentieth LORD BOBTHWICK. cc. Thomas Scott, born 14 July 1817, died, unmarried, 22 April 1839. DD. Marion, born 28 October 1805, died 22 December 1828. EE. Margaret, born 3 September 1807, married 28 Sep- tember 1832, to Nathaniel Gordon Corbett, R.N. FF. Ariana, born 14 January 1810, died 20 October 1833. (B) James, manager of the North British In- surance Company, born 25 August 1782, died 9 October 1866. Married Sarah, 106 BOBTHWICK, LORD BORTHWIOK daughter of Rev. William Finlay, minister of Polmont, who died 19 April 1862. He had issue:— AA. Archibald, born 30 July 1816, died 16 August 1830. BB. Jane Laurie, hymnwriter under the pseudonym M.L.L., born 9 April 1813, died 7 September 1897. cc. Margaret, born 12 December 1814, died 28 September 1819. DD. Grace Laurie, born 1817, died 10 July 1842. EE. Anne, born 23 February 1821, died 10 March 1901. FP. Margaret (the second), born 1822, died 10 August 1903. GG. Sarah Laurie, born 1824, married to Rev. Eric J. Findlater, F.C., Balquhidder, and has issue. HH. Rachel, died 28 June 1852. ii. Jemima, born 1830, died 10 Janu- ary 1854. Jj. Mary Laurie, born 1831, died 8 April 1853. (c) Margaret, married to Rev. Prof. H. D. Hill, and died De- cember 1814, leaving issue. (D) Anne, married, May 1817, to Captain R. Clephane, R.N., son of Clephane of Carslogie, and died 19 July 1861. (E) Rachel, died 28 De- cember 1876. (/3) Elizabeth, married to BORTHWIOK, LORD BORTHWIOK 107 Robert Davidson of March - cleuch. Rev. Archibald Borthwick married, secondly, 17 January 1701, Katheriiie, daughter of James Lawson of Cairns- muir, by whom he had :— (y) Barbara, baptized 9 Sep- tember 1703, married to Patrick Hepburn, writer, Edinburgh. (8) Katherine, died early. He died in March 1727. (6) Walter, merchant in Edinburgh, died before 23 September 1676, without issue.1 c. Margaret.2 d. Christian.3 (ii) Robert, who acquired the lands of Threeburn- ford, 14 November 1565.4 ii. Master ^George, party to a contract 9 January 1556.5 iii. James, witness to the same. 4. Agnes, married, in or before 1489, to Sir David Kennedy, afterwards first Earl of Oassillis. 5. Catherine, married to William, Earl of Glencairn. 6. Mary, married to James Hoppringle of Galashiels. 7. Margaret, married to Sir Oliver Sinclair of Roslin.6 IV. WILLIAM, fourth Lord Borthwick, married, in 1491, Margaret, daughter of John, Lord Hay of Yester. That he was addicted to the sport of hawking is evidenced by pay- ments made to his falconer in 1504 and 1505, by command of James iv.,7 who has a hawk on his hand in a well-known por- trait. He was one of those warned of the embassy of Pope Julius in 1507.8 There is no known charter or record evidence of the death of a Lord Borthwick between this time and 1543, but the name occurs as that of one of the ' sondry noble- men of the scottes slayne at the sayde batayle and felde called Brainston moore ' (i.e. Flodden, 9 September 1513), in 1 General Retours, 5934. 2 Edin. Tests., vol. iii. 3 Ibid. 4 Reg. Mag. Sig., 24 November 1569. 5 Reg. of Deeds, vol. ii., 12 January 1556. 6 In the arguments between Arran and Lennox touching the right to the Crown, the latter states that it was Catherine Borthwick who married Sir Oliver Sinclair, and that she had been previously married to Sir Thomas Hay, (Cal. of Scot. Papers, i. 691). Douglas has been followed in the text. 7 Lord Treasurer's Accounts, ii. 470 ; iii. 161. 8 Ibid., iii. 377. 108 BORTHWIOK, LORD BORTHWIOK the contemporary black-letter tract,1 giving an account of the battle; and the fact of the death of a Lord Borth- wick at Flodden has, rightly or wrongly, been hitherto accepted by the historians generally. The poem of Floddan Field, 1664, has it that he 'upon the bent did breathless bide,' but he may have recovered. It has been thought probable that this is the lord whose effigy, with that of his lady, lies in Borthwick Church. The figures are in white marble, now much darkened by time.2 On the assumption of the death of a Lord Borthwick in 1513, his successor was V. WILLIAM, fifth Lord Borthwick, to whom was in- trusted, after the battle of Flodden, the castle of Stirling, with the custody of the infant monarch, James v. He appended his seal to the treaty between England and Scotland 7 October 1517. He was guardian of the King's person from May to September 1517,3 and again one of the guardians from 1518 to 1522.4 He was with the King (in Edinburgh Castle) in 1524,5 and in 1525.6 He died be- tween 28 May 1543 and 19 February 1543-44,7 having had issue : — 1. Thomas,* Master of Borthwick, married Mariot, daughter of George, Lord Seton, and died in his father's lifetime, after 28 November 1528, without issue. His widow married, secondly, February 1530- 31, Hugh, Earl of Eglinton. 2. JOHN, sixth Lord Borthwick. 3. Catherine, married to Sir James Crichton of Fren- draught. 4. Janet, married to Alexander Lauder of Hatton (or Haltoun). 1 'Hereafter ensue the trewe encountre or Batayle.' 'Emprynted by me Kicharde Faques dwellyng In poulys churchyerde.' Faques printed between 1509 and 1530. 2 Brydall in Proc. ofSoc. of Scot. Antiq., xxix. (1894-95) 402. In 1794 the effigies are said to have had ' numbers of little elegant human figures around them ' which have now disappeared. Statistical Account, xiii. 635. 3 Exch. Rolls, xiv. 285. 4 Ibid., 458. His seal attached to Precept of Sasine, 26 September 1522, shows on a shield couche three cinquefoils, two and one ; supporters, two lions sejant ; crest a horse's (dragon's) head and neck. Twelfth Rep. Hist. MSS. Com,., App. viii. 145. 5 Exch. Rolls, xv. 90. 6 Ibid., 199. 7 Protocol Book of Andrew Brownhill, Edinburgh. 8 Pitcairn, i. 242*. Seton's History of the Family of Seton, 112, names him Arthur. BORTHWICK, LORD BORTHWIOK 109 5. Margaret, married to Sir John Borthwick of Cineray, the Reformer. They had a charter from her father on 16 September 1538 of the lands of Borthwickbrae, in the county of Selkirk.1 Sir John married, secondly, in 1556, at Geneva, Jane Bonespoir of Britagne,2 and died before 9 December 1570, when William Borth- wick, his son and heir, presumably by the first marriage, was one of those called to the succession to the Borthwick estates.3 VI. JOHN, sixth Lord Borthwick, married Isobell, eldest daughter of David Lindsay, eighth Earl of Crawford. He was one of the supporters of James, Earl of Arran, in his contest with the queen-mother, Mary of Lorraine, for the regency, and on St. Cuthbert's Day (4 September) 1544 he was seized by Sir George Douglas and detained in Dalkeith Castle. Laciy Borthwick retaliated, on 16 Sep- tember, by imprisoning Patrick, Earl of Bothwell, who was acting in the opposite interest, at Borthwick, until her husband was released.4 Lord Eure, writing to Shrews- bury, says that Bothwell, 'bicause the Lady Borthyke was faire, he came to hir for love, but she made hyme to be handled and kepte,'5 and Wharton gives the same story with more elaboration.6 Lord Borthwick took part in the battle of Ancrum Moor in March 1544-45.7 He was a member of the Privy Council in 1545 and subsequent years, and on 24 July 1547 he was appointed to hold Hailes Castle against the English and the Earl of Bothwell.8 In the same year, William Langlands, a macer of the See of St. Andrews, who had come to Borthwick in connection 1 Acts and Decreets, xxvii. f. 319. Principal Lee (Bannatyne Miscell. i. 253) speaks of Sir John as one of the sons of Lord Borthwick, relying on the position of his name in the settlement of the Borthwick estates in 1538. The families of Gordonshall, Crookston, Fenton, Glengelt, Soltray, Ballincrieff, and Princado are included in the succession to the estates at the same time or subsequently. Gawin Borthwick of Fenton was the illegitimate son of one of the Lords, legitimated by charter, 11 November 1537, and Robert Borthwick, the first of Ballincrieff, was the founder and master of artillery to James iv. and James v. Hay, writing in 1577, mentions Sir John of Cineray merely as being ' of that surname ' (Esti- mate of the Scottish Nobility, ed. Rogers, 21). David Laing (Knox, i. 533) follows Dr. Lee. 2 Livre Des Anglois, ed. Mitchell, 14. 3 Reg. Mag. Sig., 23 October 1571. 4 Diurnal of Occurrents, 35. 5 The Hamilton Papers, ii. 466. 6 Ibid., 469-470. 7 Ibid., 567. 8 Reg. of Privy Council, i. 81. 110 BORTHWICK, LORD BORTHWICK with the publication of letters of excommunication which had passed against his lordship in a process in which he was involved, was subjected to rough treatment at the hands of an Abbot of Unreason who happened at the time to be exercising his unlawful but popular functions at the castle.1 On 27 November 1547 Lord Borthwick is reported as inconstant and changing as the Governor pleases,2 and on 10 November 1559 as being one of the three noblemen with the Queen-Dowager.3 In 1560 he was Keeper of Liddesdale.4 When the Confession of (the reformed) Faith was read in Parliament, and put to the vote, the Earl of Atholl and the Lords Somervell and Borthwick alone of the laity dissented, saying they would believe as their fathers before them had believed.5 Queen Mary visited Lord Borthwick at the castle on 12 January 1561-62,6 and again on 28 August 1563.7 He died in March 1566,8 leaving issue : — 1. WILLIAM, seventh Lord Borthwick. 2. Mariota (Marion), married to Andrew Hoppringle of Galashiels. 3. Isobell, married, first, to Thomas Davidson (styled of Hedderwick), burgess of Edinburgh ; secondly, to William Hart, advocate in Edinburgh.9 4. Margaret, married to Patrick Hepburn, parson of Kinoir.10 Lady Borthwick was married, secondly, to George Preston, sometime of Cameron, son of George Preston of Graig- millar, and died on 15 November 1577.11 VII. WILLIAM, seventh Lord Borthwick, succeeded to the title shortly before the marriage of Mary, Queen of Scots, to James, Earl of Bothwell, who was his immediate neigh- bour at Crichton, and probably his senior by some years.12 1 Scott, Notes to The Abbot, citing the Consistory Register of St. Andrews. 2 Cal. of State Papers (1547-1603), 44. 3 Ibid. , 261, 262. * Ibid. , 499. 6 Knox, Spottiswoode, under date. But see Randolph to Cecil, Laing's Knox, vi. 117. 6 Cal. of State Papers (1547-1603), i. 590. 7 Roll of Expenses of the Queen's Equerries. 8 Edin. Tests., vol. vii. His seal, attached to Precept of Sasine, 11 February 1555-56, shows three cinquef oils on shield, no supporters or crest. Twelfth Rep. Hist. MSS. Com. , App. viii. 145. 9 Acts and Decreets, xxxv. f. 467. 10 Reg. of Deeds, ix. f . 76. n Edin. Tests., vol. viii. 12 In October 1547 the Governor attended the christening of ' the Lorde Borthweke's sonne.' Cal. of State Papers, 1547-1603, i. 34. BORTHWICK, LORD BORTHWIOK 111 There is nothing to show whether or not he personally re- ceived the Queen and her husband on their arrival at Borth- wick Castle ; but it is clear he was one of Mary's most devoted adherents, and this, in the eyes of many, will atone for much else in his life. He was among those who met her at Hamilton l after her escape from Lochleven, and he was with her on the field of Langside.2 In 1570 he was counted as one of the effective heads of the Marian faction.3 His wife was Grissel, eldest daughter of Sir Walter Scott of Branxholm, who, on 24 September 1578, set forth, in the course of a complaint, that ' Scho, being lauchfullie mareit with Williame Lord Borthuik hir spous, continewit with him in the mutuall societie and band of matrimony this lang tyme bipast, having borne unto him in the menetyme sevin bairnis yit on life. Nochtwithstanding, he, being instigat be Sathan, not onlie abstractit his cumpany and societie fra hir, bot als delt vertay unkyndlie with hir, in geving hir mony injurious wordis, stryking and dinging of her to the effusioun of hir blude in greit quantitie, without feir of God, petie or compassioun of her estait, being than greit with chyld.'4 The Privy Council took a good deal of trouble, from time to time, in trying to adjust the relations of the unhappy pair.5 Lord Borthwick is characterised by a contemporary as 'of yll gouerne- ment/ and as having 'greately decayed' his ancient name and house.6 He died in the Canongate of Edinburgh in October 1582,7 'of the Frenche decease,' says the 1 Spottiswoode, under date. 2 Cal. of Scot. Papers, ii. 403. 3 P. C. Reg., xiv. 43. 4 Ibid., iii. 34. 5 Ibid., 54, 108, 204, 251, 328, 402, 467. Very serious charges and counter charges were the outcome of their matrimonial differences. Pitcairn, i. pt. 2, 83. 6 State of the Nobility, 1583, etc., Bannatyne MiscelL, i. 68. The territorial possessions of the Lords Borthwick in the fifteenth and sixteenth centuries included, in property or superiority, Borthwick and Thoftcotys (Hoscoat) in Selkirk- shire ; Lochorwart and Borthwick Castle, Little Lochorwart, Hagbrae, Middleton, Heriot and Heriotmuir, Weddale, Criblaw, Over Shiels, Luggats, Printatoun, Gilmertoun, Fernieherst, Garwald, Howlatstown, Comlerigg, Cheslie, Stow and Buteland, all in Lothian ; Ligertwood, Nenthorn, Glengelt, Colilaw, and Bourhouses, in Berwickshire ; Aberdour in Aberdeenshire ; Hyndford in Lanarkshire ; and Little Ormistoun, Whitefield and Hethpule, in the county of Peebles. Their Edinburgh house was in Borthwick's Close, running from the south side of the High Street to the Cowgate. They had also property within the burgh of Peebles, as to which see Renwick's Peebles during the Reign of Queen Mary. 7 Edinburgh Tests., vol. xiii. 112 BORTHWIOK, LORD BOBTHWIOK chronicler just cited. Of his numerous children there are known : — 1. William, Master of Borthwick, who died 17 March 1570-71, in the lifetime of his father. 2. JAMES, eighth Lord Borthwick. 3. William (the second), Tutor of Borthwick (i.e. of John, ninth Lord), married Agnes, daughter of William Borthwick of Orookston.1 4. Captain John, named in 1593 in a charter by his brother James, and on 15 January 1601 in a charter by his brother William.2 5. Alexander. Lady Borthwick was married, secondly, to Walter Cairn- cross in Lugatt, son of John Cairncross of Oolmslie. VIII. JAMES, eighth Lord Borthwick, was born 24 June 1570,3 and married, while yet 4 a childe,'4 in 1582, to Margaret, eldest daughter of William, Lord Hay of Tester. Perhaps as the result of an imperfect upbringing, due to the cir- cumstances of his parents' domestic life, he and his brothers have rather an unsatisfactory record. In 1588-89 security is found for Lord Borthwick that Mr. William Hart (his uncle-in-law) his wife, bairns, and servants shall be harm- less of his lordship, and also that the said Lord, on being released from Edinburgh Castle, shall keep ward in the burgh of Edinburgh till he present Robert alias Hobbe Diksoun, page, before the King and Council, and obtain the King's licence for his liberty.5 In January 1595-96 there was a riot against the Provost and Bailies of Edinburgh * in their convoy and taking to warde ' of his lordship.6 Complaints of violence, molestation, and oppression were made against members of the family in 1599, 1601, and 1602,7 and in 1603 there is trace of a charge of murder against William and John.8 A lighter accusation against the Tutor of Borthwick and his brothers was that of sending a chal- lenge to William Sinclair of Roslin, in February 1600. Lord Borthwick is classed as a Protestant in 1592,9 and in 1594 and 1595-96 he was a member of the Privy Council. He died 1 Laing Charters, 2096. 2 Ibid., 1255, 1256, 1414. 3 Extract Act of Curatory, Venlaw Papers. 4 State of Nobility, as above. 6 P. C. Reg., iv. 362. 6 Pitcairn, i. 353-354 ; P. C. Reg., v. 260. 7 Ibid., vi. 64, 241, 438, 851. 8 Pitcairn, ii. 423. 9 Present State of Nobility. BORTHWTCK, LORD BORTHWIOK 113 in December 1599, having 'said all,' according to John Oolville.1 He left issue : — 1. JOHN, ninth Lord Borthwick. 2. James, styled in 1621 2 only brother-german of John, Lord Borthwick, who on 22 April 1624 made a dis- position of his rights to the lordship of Borthwick, if it should fall to him by the death of his nephews John and James. IX. JOHN, ninth Lord Borthwick. Despite the extra- vagances of his grandfather and father, he inherited portions of the family estates, which were perhaps beyond their powers of alienation. In his boyhood he was subject to the guardianship of his uncle William,3 and in 1617 he was under interdiction.4 He died a comparatively young man, in Nov- ember 1623.5 It is sad to find, on 28 August 1628, that the Lords of Privy Council having superseded the execution of a poor woman named Meg Unes till she should be more narrowly tried on a charge of witchcraft, now there are many 'cleere and pregnant presumptiouns that she had beene accessorie to the death of the lait Lord Borthuick.' 6 He married Lilias Kerr, fifth daughter of Mark, first Earl of Lothian, who died on 10 July 1659,7 by whom he had issue : — 1. JOHN, tenth Lord Borthwick. 2. James, described as a son of the late John, Lord Borthwick, in 1624, in a writ by his uncle James.8 He probably died without issue. 3. Margaret, baptized 11 August 1617,9 married to Robert Dundas of Harvieston, second son of Sir James Dundas of Arniston, and had issue : — John Dundas of Harvieston, who became heir to his uncle, John, tenth Lord Borthwick. X. JOHN, tenth Lord Borthwick, was born at Preston- grange, the seat of his grandfather, the Earl of Lothian, 9 February 1616. Lord Borthwick protested for precedence 1 Colville's Letters, ed. Laing, Bann. Club, 352. 2 Register of Inhibitions, 14 December 1621, 2nd ser., f . 19. 3 Pitcairn, ii. 423. 4 Douglas, ed. Wood, ii. 656. 5 Edinburgh Tests., vol. lii. 6 Supplication of James Borthwick of Newbyres, P. C. Reg., 2nd ser. ii. 442. 7 Edinburgh Tests., vol. Ixxi. 8 Gen. Reg. of Inhibitions, 1st ser., vol. 44, fol. 118. 9 Canongate Register. VOL. II. H 114 BORTHWICK, LORD BORTHWIOK in 1641, 1643, 1645, 1649, 1650, and 1661,1 and was a member of various committees and commissions. On 9 January 1647 his mother and he petitioned Parliament for protection to Robert Pringle of Blindlie that he might appear and give evidence as to the possession of ' the chartar kist and haill evidentis of the nous and estate of Borthuik.' 2 He was the recipient of a summons, dated at Edinburgh, 18 November 1650, which has been several times printed,3 but which cannot be omitted here : — To the Governor of Borthwick Castle : These SIR, — I thought fitt to send this trumpet to you, to lett you know that, if you please to walk away with your Company, and deliver the house to such as I shall send to receive it, you shall have liberty to carry off your armes and goods, and such other necessaries as you have. You have harboured such parties in your house as have basely [and] unhumanely murdered our men ; if you necessitate me to bend my cannon against you, you must expect what I doubt you will not be pleased with. I expect your present answer, and rest your servant, O. CROMWELL/ He appears afterwards to have given cause of offence to the Royalist party, and he was excepted from the Act of Indemnity of Charles n. in 1662, so far as to suffer a fine of £2400 Scots.5 In 1656 he had trouble in recovering possession of certain of his title-deeds lodged by him in a suit in 1649, and put into Edinburgh Castle.6 Lord Borth- wick married, 23 August 1649, Elizabeth Kerr (born 6 September 1633), second daughter of William, third Earl of Lothian, and, dying between 13 March 1674 and 27 Novem- ber 1675, without surviving issue, he was succeeded in 1 Ada Parl. Scot., v. and vi. passim. 2 Acta Parl. Scot., vi. 653. 3 First in the Stat. Account, xiii. 1794, 635, from the original, then in the hands of Mr. Hepburn of Clerkington. 4 Carlyle naturally chuckles over the capitulation: 'The Governor of Borthwick Castle, Lord Borthwick of that Ilk, did as he was bidden, walked away with movable goods, with wife and child, and had fifteen days allowed him to pack, whereby the Dalkeith region and Carlisle Road is a little quieter henceforth ' (Letters and Speeches of Cromwell, Letter clii.). Instead of 'wife and child' Douglas and the Stat. Account have * his Lady and family.' 5 Acta Parl. Scot., vii. 421. 6 Cal. of State Papers, Dom. 1655-56 passim. BORTHWIOK, LORD BORTHWIOK 115 what remained of the family property * by his sister's son, John Dundas of Harvieston. On the death of John, tenth Lord Borthwick, all the male issue of William, the fourth Lord, became extinct, and the Peerage of right descended to Major William Borthwick of Johnstonburn, the head of the Soltray branch, and the then heir-male of the body of Alexander of Nenthorn, a younger son of William, the third Lord Borthwick. Neither he nor his son, Colonel William Borthwick of Johnstonburn, 4 would ever be prevailed on to take the title : their maxim was that a title without a suitable fortune was not eligible.' 2 Upon the death of the Colonel, followed immediately by that of Captain Henry Borthwick of Pilmuir, the succession opened, in 1706, to the latter's elder son, William Borth- wick of Pilmuir, on whose decease the right devolved upon his brother, XI. HENRY, fifteenth Lord Borthwick, and eleventh in possession of the dignity. He came of age between 1720 and 1725, and shortly afterwards insisted upon his right to the Peerage. He voted as Lord Borthwick at the General Election of Representative Peers on 4 June 1734, and con- tinued to vote at subsequent Elections up to that of 1761. He was served heir-male in general to John, tenth Lord Borthwick, on 8 March 1750. On 14 December 1761 the House of Lords, on the report of the Committee for Privi- leges as to the Scottish Peerages existing at the Union and still continuing, ordered that the claimants of the Peerages of Borthwick and Kirkcudbright should not take upon themselves the respective titles until their claims should be allowed in due course of law. In consequence of this order, Henry Borthwick presented a petition to the King claiming the Peerage, and, on 8 April 1762, the House of Lords resolved and adjudged that he had a right to the title, honour, and dignity of LORD BORTHWIOK as heir- male of the body of the first Lord Borthwick. He made a protest for precedence in 1763. Lord Borthwick married 1 Borthwick Castle passed by purchase to the Dalrymples, and from them to the Hepburns and the Mitchelsons of Middleton. On 5 June 1812 it was bought at a public sale by John Borthwick of Crookston, in whose family it has since remained. 2 Letter of William Steuart, Advo- cate, 1 May 1773. 116 BORTHWICK, LORD BORTHWICK at Edinburgh, 5 March 1770, Margaret, daughter of George Drummond of Broich, and died, without issue, at Newcastle, on his way to London, 6 September 1772. Lady Borthwick, who had a pension on the Civil List, resided latterly at Muthill, Perthshire, and died between 8 October 1810 and 23 April 1812. With Henry, fifteenth Lord Borthwick, the male issue of William, the fourth of Soltray, failed, and the right to the Peerage devolved upon Patrick Borthwick, merchant in Leith, as heir-male of the body of Alexander Borthwick of Sauchnell, the younger son of William, the third of Soltray. Patrick Borthwick survived his kinsman only a month, and the right to the Peerage descended to his son, Archibald Borthwick, then resident in Norway. In 1774 John Borth- wick of Orookston, during the absence of Archibald Borth- wick, claimed the Peerage, on the allegation that by the death of Henry all the male issue of William, second Lord Borthwick, had become extinct, and that he, the claimant, was descended from John Borthwick, whom he stated to have been the second son of the first Lord. In the course of the proceedings before the Lords' Committee for Privi- leges upon the claim, the Lord Advocate 'acquainted the Committee that he suspected that a Charter in 1446 and a Letter of Reversion in 1458 had been altered since the execution of the same.' These two deeds and three others were subjected to examination by experts, and, on 26 November 1776, the House of Lords ordered that the claimant 'do not presume to take upon himself the said Title and Dignity until his claim shall have been allowed in due course of law.' In 1808 Archibald Borthwick, who had in the meantime returned to Scotland, formally claimed the Peerage, and in 1809 John Borthwick of Crookston, eldest surviving son of the claimant of 1774, appeared as an objector, .and in 1812 claimed the Peerage for himself. He took up the position, not that the male issue of William, second Lord Borthwick, was extinguished, but that Alexander Borthwick of Nen- thorn, the common ancestor of Henry, Lord Borthwick, and of Archibald Borthwick, was not the legitimate but the illegitimate son of William, third Lord Borthwick, and that BORTHWICK, LORD BORTHWICK 117 consequently the House of Lords had made a mistake in admitting Henry to the Peerage in 1762. In support of this contention he relied chiefly, but not entirely, upon the three deeds already mentioned, purporting to be dated in 1489, in which Alexander Borthwick was described as the natural son (filius naturalis) of his father. The House of Lords found itself in a position of unusual difficulty in having to decide whether it would or would not receive evidence calling in question a previous decision of its own, and had to devise a means of escape. By reason of the confusion caused by the existence of so many Williams as successive heads of the Soltray branch, Henry, Lord Borthwick, in giving his pedigree, had understated the number of generations, and Archibald Borthwick, in the light of subsequent investigation, was obliged to supply the links that had been omitted by his predecessor. On the ground that Archibald proposed to ' falsify ' (by correction or amplification) the pedigree under which Henry, Lord Borthwick, claimed and obtained the Peerage, and had so disqualified himself from claiming the benefit of the previous judgment, the House allowed evidence to be received on the lines of Crookston's allegation. Archibald Borthwick's death occurred while the proceedings were still pending, and beyond the substitution of his son, Patrick Borthwick, in his place at the bar of the House, no further steps were taken on either side. On the death of Patrick Borthwick, the right to the Peerage descended to his eldest son, Archibald Borthwick, on whose decease, without surviv- ing male issue, it devolved upon his brother, XII. CUNNINGHAME, twentieth Lord Borthwick, and twelfth in possession of the title. He was born on 6 June 1813, and educated at the High School of Edinburgh, leaving the rector's (Dr. Carson's) class in 1829. Originally intended for the law, he was for a short time in an office of writers to the signet, but not liking the profession he entered a Leith counting-room, and was afterwards in business for some time in Leith and in Glasgow. Remov- ing to London in 1853, he founded the firm known later as Borthwick, Wark, and Co., of the Stock Exchange, from which he retired in 1877. In 1868 he presented a petition 118 BORTHWIOK, LORD BORTHWIOK to Queen Victoria, claiming the Peerage, and in the case which he in due course submitted to the House of Lords he expressed his trust that the House would advise Her Majesty 'that the judgment given in favour of Henry, Lord Borthwick, was a righteous judgment, and that it has been wholly unimpeached by the evidence brought forward to controvert it, and that the petitioner is entitled to the full benefit of it, and has established his right to the dignity so long held by his ancestors.' John Borthwick of Orookston, grandson of the claimant of 1812, who had, in the news- papers and elsewhere, asserted a claim to the title, declined to come forward, and the three deeds purporting to be of 1489, and also two documents which had been founded on in support of the claim formerly put forward by the Orook- ston family, were, in absence, annulled by the Court of Session. The House of Lords, however, refused to enter upon the question of the authenticity of the alleged deeds of 1489, holding that, even if genuine, they did not bear the construction which had been imputed to them ; and on 5 May 1870 the House resolved and adjudged that the petitioner had a right to the title, honour, and dignity of LORD BORTHWIOK, as heir-male of the body of William, the first Lord Borthwick, who sat in the Parliament of Scot- land as Lord Borthwick in the year 1455. Lord Borthwick made a protest for precedency at Holyrood on 4 August 1870, and in the following year presented to the House of Lords a petition and case on the same subject. Counsel was heard and witnesses examined before the Committee for Privileges on 23 June 1871, when the hearing was adjourned sine die, and no further proceedings have taken place. Lord Borthwick acquired the estate of Raven- stone, Wigtownshire, in 1874, and was appointed a Deputy- Lieutenant of that county in 1882. He was elected a Repre- sentative Peer in 1880, and died 24 December 1885. He married, 18 July 1865, Harriet Alice, eldest daughter of Thomas Hermitage Day of Frindsbury, Rochester, Kent, and had issue : — 1. ARCHIBALD PATRICK THOMAS, twenty - first Lord Borthwick. 2. Gabrielle Margaret Ariana, born 30 June 1866. 3. Alice Rachel Anne, born 17 December 1868 ; married, BORTHWICK, LORD BORTHWICK 119 5 July 1893, to Captain Alexander Straton Campbell of Weasenham, Norfolk, and has issue. 4. Violet Dagmar Marion Olga, born 3 June 1871 ; married, 22 November 1900, to Captain Lewis Grey Freeland. 5. Mary Frances Harriet, born 11 February 1876 ; married, 1 July 1897, to Harold Ohaloner Dowdall, M.A., B.C.L., Barrister-at-Law, Liverpool, and has issue. XIII. ARCHIBALD PATRICK THOMAS, twenty-first Lord Borthwick, and thirteenth in possession of the dignity. He was born at 17 Queen Street, Mayfair, 3 September 1867, and educated at St. Peter's, Radley, and at Christ Church, Oxford. Admitted a partner of Borthwick, Wark, and Co. in 1890. A member of the Royal Company of Archers; and in the Commission of the Peace for the County of Wigtown. He married, 18 July 1901, at Ardwell Church, Wigtownshire, Susanna Mary, fourth daughter of Sir Mark J. M'Taggart Stewart of Southwick, Bart., M.P. for the Stewartry of Kirkcudbright, and has issue : — Isolde Frances, born 2 February 1903. CREATION.— Between 4 December 1450 and 21 July 1454. Approximately, 12 June 1452. ARMS, recorded in Lyon Register. — Argent, three cinque- foils, sable. CREST.— A Moor's head proper, wreathed argent and sable. SUPPORTERS. — Two angels proper, winged or. MOTTO. — Qui conducit. [W. M.] MORAY, LORD OF BOTHWELL HETHER the extensive province of Moray de- rived its name from Moreb, or Mor'av, the seaside, or from a chief, prince, or king called Murich or Murdoch, is a question that may be left to philologists and anti- quaries to decide. It is sufficient for our purpose to note that Moravia (to use its Latinised form) gave its name to a family which in its various branches, under the names of Mureve, Mor- eff, Murreff, Moray, and Murray, became widely known and highly distinguished in Scotland. The first of the family of whom there is any record was FRESKIN, whose curious name has been the subject of some speculation. He is said to have been a person of Flemish origin, whom David i. took north with him from the Lowlands and settled in Moray, when he suppressed an insurrection of the natives of that province in 1130. From the terms of a charter granted to one of his sons by William the Lion, it would appear that Freskin held from King David the lands of Strabrok in Linlithgowshire, along with his lands in Moray, but he is nowhere designed 'Flan- drensis ' or le Flamyng, as was the custom when Flemings were mentioned in early charters. It may be, as has been MORAY, LORD OP BOTHWELL 121 surmised, that his name is the same as Fresicus, the Low Latin for Priscian, and was therefore sufficiently distinctive. On the other hand, Preskin may be a corruption of some compound of the Gaelic Fear, with a noun or adjective descriptive of some trait of character or physical peculi- arity.1 Freskin, who must have died before 1171, had three sons : — 1. WILLIAM, noticed below. 2. Hugh, ancestor of the Earls of Sutherland. 3. Andrew, who was probably Bishop of Moray, 1184-85.2 There is room for him between Simon, who died in 1184, and Richard, who was elected in 1187.3 WILLIAM, son of Freskin, is a witness to a charter granted by Malcolm iv. to Berowaldus Flandrensis of the lands of Innes, at Christmas 1160.' Between 1165 and 1171 he obtained a charter from William the Lion of the lands of Strabrok, Duffus, Rosisle, Inchikel, Machir, and Kintrai, quas terras pater suns Friskin tenuit tempore regis David am met. This charter is now missing, but it was seen and copied by Nisbet.4 William witnessed several charters of King William between 1187 and 1199, and died about 1203, when his eldest son appears as Lord of Duffus. Mr. Cosmo Innes, editor of the Chartulary of Moray, founding, for want of better authority, on a marginal note in the register relative to Gilbert, Archdeacon of Moray, afterwards Bishop of Caithness— Iste Gilbertus erat filius domini de Duffus — remarks that if the anonymous annotator be cor- rect, Gilbert, along with John and Richard, his brothers, must all apparently have been sons of William, son of Freskin, Lord of Duffus, and nephews of Hugh Freskin.5 But if Richard, brother of Gilbert, be identical with the Richard de Moravia to whom the Abbot of Dunfermline, about 1240, gives and confirms all his lands of Kildun, near Dingwall, in Ross,6 then the annotator must be wrong, because this Richard is distinctly called filius Murdaci filii 1 Douglas, in his Peerage (660), and his Baronage (98), remarks that Friskine in the Gaelic language signifies ' the man with the ready hanger.' 2 Chron. de Mailros. 3 Beg. Morav., Pref. xii. 4 System of Heraldry, ii. 183. 6 Reg. Morav., Pref. xliii. 6 Reg. de Dunf., 195-196, cited by Mr. D. Murray Rose in a paper on ' The Ancestry of St. Gilbert of Dornoch.' 122 MORAY, LORD OF BOTHWELL Alexandri de Moravia. William, son of Freskin, had, how- ever, three sons, viz. : — 1. Hugh de Moravia, who got the lands of Duffus and Strabrok. Died about 1226, and was buried in the Church of Duffus, near the altar of St. Katherine. Was afterwards canonised. He had two sons : — (1) Walter, who married Eufemia, daughter of Ferchard, Earl of Ross, by whom he had a son, i. Freskin, Dominus de Duffus. Married Johanna, Lady Strathnaver, and had issue : — (i) Mary, married Sir Reginald le Chen, the younger, with issue. (ii) Christian, married William de Federeth, Con- stable of Roxburgh Castle, in 1262, with issue. (2) Andrew, Parson of Duffus and Bishop of Moray, 1223-1242. 2. WILLIAM DE MORAVIA, noticed below. 3. Andrew, parson of Duffus 1209. He is said to have refused the Bishopric of Ross in 1213. 1 WILLIAM DE MORAVIA, second son of the above William, and grandson of Freskin, is found designed ' Dominus de Petty n, Brachlie, and Boharm,' and appears as witness, along with his father and his brother Hugh, to charters granted by King William in the end of the twelfth and beginning of the thirteenth centuries. He gifted the church of Artendol to the Cathedral Church of Spynie.2 He was Sheriff of Invernaryn in 1204, and died before 5 October 1226. He left two sons : 3— 1. SIR WALTER, noticed below. 2. Mr. William, Canon of Moray, who witnesses an agreement between the Bishop of Moray and Mal- colm, Earl of Fife, as to the lands of Adwyn,4 and also his brother's charter of the lands of Agynway to the Hospital of St. Nicholas, near the Bridge of Spey.5 SIR WALTER DE MORAVIA, Lord of Petyn, etc., is designed filius quondam Willelmi de Moravia in an agree- ment dated 5 October 1226, between himself and Andrew, 1 Reg. Morav., Pref. xiii. 2 Ibid., 17. 3 Sir Andrew Moray, who wit- nesses a charter granted by William Cumyn, Earl of Buchan, to Arbroath Abbey between 1211 and 1214, may have been another son. 4 Reg. Morav., 66. 5 Ibid., 122. MORAY, LORD OP BOTHWELL 123 Bishop of Moray, as to certain lands, teinds, and church patronages granted to that see both by his father and himself. To this agreement the seal of his cousin Walter of Duffus is also appended. Another agreement between the same parties is dated 25 April 1229, and there is an undated charter by Walter de Moravia, son of the deceased William, granting the lands of Agynway to the Hospital of St. Nicholas.1 He accompanied Alexander n. to England in 1235, the name of Walter of Petyn appearing as a witness to a charter granted by the King at Dissington in North- umbria, and dated in September of that year.2 He also witnesses a charter by King Alexander, dated in 1236,3 and a number of deeds executed by his cousin the Bishop of Moray. He seems to have received the honour of knight- hood before he granted a charter to the Cathedral Church of Elgin and the Chapter of the See of Moray, of the church of Inveralfan, as in that document he is styled Miles.* He may have been the Walter of Moray who was one of the guarantors of the peace with England in 1244, which was apparently the year of his death. He left a son, SIR WILLIAM DE MORAVIA, who is designed 4 of Petyn ' in a letter from King Henry m. of England to the Pope, dated in 1244.5 He also was knighted by Alexander n., as his son Walter is designed films domini Willelmi de Moravia in a charter dated in the same year.6 He died before March 1253. By his wife, who is said to have been a daughter of Malcolm, Earl of Fife,7 he had a son, I. SIR WALTER DE MORAVIA, who inherited the Moray estates, and also became possessed of the manor of Both- well in Clydesdale, and the l&nds of Smallham (or Smail- holm) and Crailing in Roxburghshire, which had previously belonged to the Olifards of Bothwell, and may have come into Sir Walter's hands by marriage with the heiress. In the reign of Alexander n. the Baron of Bothwell was Walter Olifard, Justiciar of Lothian, who had a son, Sir David, and it was either the sister or daughter of the latter 1 Reg. Morav., 23-26. 2 Ibid., Pref. xxxvii. 3 Invernessiana, 29. 4 Reg. Morav., 111. & Coil. Doc. Scot., i. No. 165. 6 Rymer's Fcedera. 7 Ms. Memoirs of the Morays of Abercairney. 124 MORAY, LORD OF BOTHWELL who carried the estate to the Morays. From a document in the public records,1 it appears that Walter of Moray gave to Devergulla, widow of David Olifard, the liferent of a manor in Lincolnshire which, as Mr. Joseph Bain remarks, may have been a transaction connected with her dower in Bothwell.2 The marriage seems to have taken place before March 1253, as there is a convention between the Bishop of Glasgow and Chaplains of Osberniston 3 on the one part, and Sir Walter de Moravia on the other, by which the latter gives a sum of one hundred shillings for masses to be celebrated annually in the chapel there, and also in the Cathedral of Glasgow, for the souls of himself and Sir David Olifard, their ancestors and posterity. This deed is dated at Ancrum in Roxburghshire, in the Kalends of April 1253/ One of the persons appointed to be the Council of Govern- ment and Guardians of the young King and Queen by the Treaty of Roxburgh in 1255 was Sir Walter of Moray. He is a witness to a charter granted by Alexander in. to Devergulla de Baliol on 18 May 1277,5 and a discharge granted by him to the monks of Dry burgh of the multures payable out of the lands of Smallham, is dated at Bothwell in crastino sancti Matthai apostoli (February 25) anno 1278-79,6 which is said to be the year of his death, but he appears to have survived till 1284, as he is among the barons who were parties to the Act of Succession, dated 5 February 1283-84. Besides the two sons mentioned below, he may have had David de Moravia (named pro- bably from Sir David Olifard), parson of Bothwell and Bishop of Moray 1299-1325, a strong supporter of Robert the Bruce, and founder of the Scots College at Paris. But the only issue of Sir Walter whose paternity is proved, are: — 1. SIB WILLIAM, who succeeded his father. 2. SIB ANDBEW. II. SIB WILLIAM DE MOBAVIA, Lord of Bothwell, is designed ' Miles ' in the Act of Succession to the Scottish Crown, 1284, and in the same year he appears as Panetarius 1 Cal. Doc. Scot., ii. No. 725. 2 Pro. Soc. of Antiq. of Scot., xix. 381. 3 Osberniston was in the south-west corner of the parish of Bothwell — Orig. Par. i. 53. 4 Reg. Glasg., 162. 5 Ibid., 192. 6 Liber de Dry- burgh, 110. MORAY, LORD OF BOTHWELL 125 de Scotice. He was one of the great barons summoned to Berwick-on-Tweed as an auditor of the claims of Bruce and Baliol anent the succession to the Crown in 1291, and in the following year he was one of the sureties for the delivering up of several Scottish castles to the English. A number of charters granted by him in 1292 and 1293 appear in the Ohartulary of Glasgow, and to the original of one of these his seal is appended, showing in scuto ires stellulas multum attrito.1 Sir William was so wealthy that he was surnamed le Riche. He was one of twelve Morays, six of them Knights, who did homage to Edward i. in 1292, and that monarch afterwards marked him out for specially severe treatment, depriving him of his estates in Scotland, and when he retired to his manor in Lincolnshire, subject- ing him to further distraint, so much so that the once wealthy Baron of Bothwell had to get an allowance out of the Grown revenues accounted for by the Sheriff of Lincoln. Willelmus de Moravia, dominus de Botevill is among those who swore fealty to King Edward at Berwick 28 August 1296,2 and the Sheriff of Lincoln's accounts show that he was alive at Michaelmas 1299. In the same year he appears to have granted (probably under compulsion) his manor of Orailing in Roxburghshire to the Bishop of Durham.3 He was dead before 10 November 1300, when an inquisition was ordered as to his heir. He left no issue. SIR ANDREW DE MORAVIA is mentioned as one of two persons in whose presence Sir William, his brother, granted to the Cathedral and Chapter of Glasgow the right of patronage of the Church of Walliston on the Wednesday next after the feast of St. Valentine the martyr, anno 1292.4 To this deed the seals of both the brothers were appended, and no doubt it is the document referred to by Craufurd as showing Sir William's seal 'much wasted.' A detached seal, supposed to be Sir Andrew's, shows a shield with three stars of six points, within a bordure charged with eleven roundels, the legend being S\ Andree de Moravia, militis.5 Sir Andrew, notwithstanding that he swore fealty to the English King in July 1291, took an 1 Craufurd's Peerage, 39. 2 Hist. Doc. Scot, i. 66. 3 Cat. Doc. Scot., Hi. 207. 4 Reg. Glas., 202. 6 Cal. Doc. Scot., ii. pi. i. No. 5. 126 MORAY, LORD OF BOTHWELL active part in the resistance made by the Scots to English rule. Having been taken prisoner, along with his son Andrew, at the surrender of the Castle of Dunbar in April 1296, he was committed on 16 May to the Tower of London, his son being sent to Chester Castle. He was alive on 6 November 1297, but died in the Tower between that date and 10 November 1300, the date of the order for the inquisi- tion above referred to, so that it is uncertain whether he succeeded to his elder brother's estates and office of Pane- tarius. He married, first, the fourth daughter of Sir John Comyn of Badenoch, by whom he had ANDREW his heir,1 and secondly, in 1286, Euphemia, widow of William Comyn of Kilbride, who may be ancestress of the Murrays of Ryvale and Cockpool.2 She died in 1288.3 SIR ANDREW MORAY. Taken prisoner along with his father at the siege of Dunbar in April 1296, he was liberated after a few months' captivity in Chester Castle, and immediately afterwards rejoined the patriotic party in Scotland. Lord Hailes4 remarks that the only baron who adhered to Sir William Wallace when the nobles tamely submitted to the English monarch at Irvine on 9 July 1297, was Sir Andrew Murray of Bothwell, but this must have been the younger Andrew, as at that time Sir Andrew, brother of Sir William of Bothwell, was detained a prisoner in the Tower of London. His son was certainly with Wallace in the north, as the Bishop of Aberdeen, writing to King Edward on 24 and 25 July 1297, refers to the part 1 Wyntoun states this most distinctly, and there seems no reason to doubt his accuracy :•— ' The flerd dochtor oure the lave To wyff the Lord took of Murrave ; On hyr the Lord of Murrave gat Andrew of Murrave that efftyr that Wes at the Bryg of Stryvelyne slayne.' —Chron., Bk. viii. c. vi. 1. 1193. 2 Scottish Antiquary, xv. 72. 3 Euphemia's second marriage was not recognised in England, because it had taken place without the royal licence, and there is a letter dated 11 November 1286, from the Guardians of Scotland, seeking redress from the King of England for Sir Andrew de Moravia and Euf emia, his wife. After Sir Andrew's death his widow's dower-lands in Suffolk were confiscated by King Edward, and given in frank tenement to John Comyn, son and heir of the deceased William Comyn of Kilbride (Hist. Doc. Scot., i. 82). 4 Annals of Scotland, i. 302. MORAY, LORD OF BOTHWELL 127 taken in the insurrection by Andrew of Moref, son of Sir Andrew, ' with a very large body of rogues.* * On 28 August in the same year, King Edward granted at Tunbridge a letter of safe-conduct to Andrew, son of Andrew of Moray, extending to the feast of St. Michael (September 29) to visit his father in the Tower,2 but if this was an attempt to draw away the younger Andrew from the champion of Scottish independence, it did not succeed, as he was present with Sir William Wallace at the battle of Stirling Bridge on the 11 September, and there re- ceived a fatal wound. That he was not killed outright is proved by a letter dated 11 October 1297, ad- dressed to the Mayor and Commons of Lubeck and Hamburg, by Andrew of Moray and William Wallace as leaders of the army of the Kingdom of Scotland,3 while letters of protection to the monks of Hexham, dated 7 November, also run in both names.4 The exact date of this hero's death is not known. He was married to a lady whose name has not been ascertained, and was the father of a posthumous son, III. SIR ANDREW MORAY, the most famous of the Both- well family. The jury in the inquest held on 10 November 1300, after the death of Sir William de Moravia (evidently of Bothwell), found that his heir was a child named Andrew son of Andrew de Moravia, interfectus apud Strevelyn contra dominum regem, who was son of the deceased Sir Andrew de Moravia ; further, that the boy was two years old at the last Pentecost (which fixes his birth about eight months after the battle of Stirling Bridge) ; and that, in the belief of the jury, he was dwelling in Moray, among the King's enemies.5 It is not likely, therefore, that he was the Andrew Murray who, according to Lord Hailes and other historical writers, was exchanged, with several others, for Sir John de Segrave, senior, taken prisoner by the Scots at the Battle of Bannockburn. Sir Andrew Moray was a staunch supporter of King Robert the Bruce, and in 1326 1 Hist. Doc. Scot., ii. 210. 2 Ibid., ii. 228. 3 Wallace Papers, 159. 4 Chron. de Hemingsburgh. The fact that in these letters Andrew Moray's name conies first would seem to indicate that he was of equal rank with Sir William Wallace, although he is not described as knight in any official document. 5 Cal. Doc. Scot., iv. 300. 128 MORAY, LORD OF BOTHWELL he received in marriage the hand of the twice-widowed sister of the King, Christian Bruce. A charter by King Robert to Sir Andrew and his spouse of the lands of Garioch, dated 20 July 1327, describes him as Panetarius Scotice, showing that he had inherited this office either from his grandfather, Sir Andrew Moray, or from Sir William, his grand-uncle. He is called 4 Pantrieman ' in a charter granted by him and Christian Bruce to Bernard Spence of the lands of Unthank in the regality of the Garioch.1 After the disastrous battle of Dupplin in August 1332, Sir Andrew Moray was chosen Regent of the Kingdom in succession to the Earl of Mar, but in April of the follow- ing year, while attacking Roxburgh Castle, he fell into the hands of the English, and was detained a prisoner in Eng- land for two years. After his release by ransom, he was acknowledged guardian of the Kingdom by a Parliament assembled at Dunf ermline in December 1335, and maintained active hostilities against the English till his death at Avoch in Ross in 1338.2 He was buried in the Chapel of Rose- markie in Moray, but his body was afterwards raised and carried to Dunfermline Abbey, to rest beside those of Bruce and Randolph, Earl of Moray. He was probably a widower when he married the King's sister in 1326,3 as she is said to have been past child-bearing, and he left two sons : 4 — 1. SIR JOHN, who succeeded his father. 2. SIR THOMAS, who succeeded his brother. IV. SIR JOHN MORAY, Lord of Bothwell, married, in 1348, by Papal dispensation (of date 21 November 1348), they being in the fourth degree of kindred, Margaret Graham, heiress of the earldom of Menteith, then only fourteen. In 1 Robertson's Index, 54, No. 72. 2 The exact date of this important event seems to be nowhere recorded. It probably took place in the month of June or July. 3 Moreri's Grand Dictionnaire, article ' Moravia,' states that he married a daughter of Leslie of Rothes, but no corroboration of this assertion has been found. 4 In his preface to the first volume of the Exch. Rolls, the editor says that John de Moravia, who receives a pay- ment for his sustenance in 1342, was the eldest son of Sir Andrew and Lady Christian Bruce, but the accounts do not bear out this statement. Thomas, the younger son of Sir Andrew, appears to have been of age in 1336, if he be identical with the Thomas de Murref who gives a contribu- tion to the repair of the bridge over the Tweed at Berwick on 24 June of that year (Eotuli Scotice). Sir Andrew's widow is said to have died at a great age in 1357 (Exch. Rolls, i. Pref. cxxxiv). 5 Papal Letters, 1342-1362. MORAY, LORD OF BOTHWELL 129 a charter granted by the widow of Sir William Rose of Kil- ravock, she mentions as her overlord John of Moray, Lord of Bothwell and of Avoeh, and in a duplicate of the charter, Sir John is styled ' Earl of Menteith and Panetarius of Scot- land/1 Three years after his marriage he was in the hands of the King of England as a hostage for David n., who had been taken prisoner at the battle of Durham. By a deed dated 20 April 1351, John of Inverness, Chancellor of Moray, declares that, seeing that ' my Lord John de Moravia, Pantler of Scotland,' and his heirs were held obliged to pay at Elgin yearly for ever to him and his assignees, eight merks ster- ling, he (the Chancellor) devotes this money to found a chaplainry in the Church of the Holy Trinity of Elgin, in behalf of his own soul, the souls of his father and mother, the soul of Sir Andrew de Moravia of good memory, father of the foresaid John, and the souls of all the faithful dead. It would appear that Chancellor John had given the Lord of Bothwell a sum of 100 merks sterling, for which he was to receive eight merks of annualrent out of the lands of Altirlies and Croy, and the good Chancellor apportioned this interest in the manner set forth in his grant, but the Peerage writers, and, curiously enough, the editor of the Chartulary of Moray, give the credit of this pious donation to the lay lord instead of to the Church dignitary, although the terms of the deed of foundation are quite clear.2 Sir John Moray died in exile, without issue, prior to 5 September 1351, when his brother, Sir Thomas, takes his place as hostage in England. V. SIR THOMAS MORAY succeeded his brother in his office of Panetarius Seottce, and in his extensive estates. There is a letter of safe-conduct from the King of England, dated 5 September 1351, for Thomas de Murreff, brother and heir of John de Murreff, to come to Berwick or Newcastle as hostage for King David Bruce.3 On 8 May 1353, Sir Thomas renewed his brother's obligation to the Chancellor of Moray in connection with the observance of the anni- versary of their father's death.4 A safe-conduct to Ber- wick, dated 13 August 1357, is no doubt connected with the negotiations for the payment of the King's ransom, 1 Red Book of Menteith, i. 2 Reg. Morav., 301. *Rotuli Scot. * Reg. Morav., 301. VOL. II. I 130 MORAY, LORD OF BOTHWELL Sir Thomas Moray being one of the Commissioners appointed on behalf of the Scottish nobility to deal with that matter. On 3 October, when the negotiations were concluded at Berwick, Sir Thomas is mentioned in a list of eight great barons of Scotland, of whom three were required to place themselves in the hands of the King of England as hostages for the payment of the money, the Lord of Bothwell being one of the three on whom the lot fell. His seal — a shield with three mullets, two and one, within a bordure with eight roundels — and the inscription, 4S. Thome de Moravia/ is appended to the ratification of the treaty by the magnates of Scotland, dated 5 October 1357.1 It was, perhaps, for the service rendered by Sir Thomas on this occasion that he obtained a gift of the lands of Airthrey in Stirlingshire, in liferent during the pleasure of the King.2 In the following year the Lord of Bothwell obtains two licences to go to Scotland (7 May and 7 December), and in 1359 (4 July) there is a safe-con- duct for several horsemen coming to him in England, while there is a similar protection to himself on 10 November of the same year. On 28 January 1360, King Edward grants a safe-conduct for Walter de Moray, perhaps Sir Thomas's wife's uncle,3 with an attendant, to come to England to Thomas de Moray, hostage for David Bruce. He was probably then lying ill, and it is certain he died the following year, and not in 1366, as stated by some of the chroniclers. Wyntoun states that Sir Thomas's death took place in London in the year 1361, 4 and a Papal dispen- sation for his widow's marriage to Sir Archibald Douglas, afterwards Lord of Galloway, and third Earl of Douglas, dated 23 July 1362, is proof of the Prior of Lochleven's accuracy. The Lord of Bothwell is said to have died of the plague. His wife was Joanna, daughter and heiress of Sir Maurice Moray of Drumsargard, Earl of Strathern, by Joanna de Menteith.6 She had apparently no children by Sir Thomas Moray, and although she was no doubt con- junct fiar of his lands, it is not clear how she was able to carry to her second husband the barony of Bothwell, with the family possessions in Moray and elsewhere, except on i Cal.Doc. Scot., iii. No. 1660. 2 Exch. Rolls., i. 576, 582. 3 Cf. Laing Charters, No. 379. 4 Cronykil of Scotland, bk. viii. c. xlvi. 11. 7141-42. 5 Ibid. MORAY, LORD OF BOTHWELL 131 the supposition that ' Archibald the Grim ' seized the estates when he married the widow. It is most unlikely that there was no male heir of the last Lord of Bothwell. Oraufurd in his Peerage says the male line was continued in Sir John de Moravia de Drumsargard, a younger son of Sir William de Moravia de Bothwell and Drumsargard, Panetarius Seotice, but as we have seen, Sir William of Bothwell had no children, his grand-nephew becoming his heir. The confusion arises from two errors— first, that of uniting the baronies of Bothwell and Drumsargard in one holder nearly two centuries before such union took place ; and second that of taking Sir William de Moravia of Drum- sargard to be identical with the contemporary Lord of Bothwell (1284-1300) of the same name. No Moray of Bothwell and Drumsargard, or of Drumsargard and Both- well, occurs in any authentic record within our knowledge. Although charters and other documents are cited by Orau- furd and Douglas to prove the existence of Morays with such designations, these will be found upon examination to be insufficient to warrant the assertions based upon them. Some genealogical writers are of opinion that the Bothwell male line is represented by one or other of the existing Murray families; but there is no definite proof to determine the point/ ARMS. — Azure, three mullets argent. [w. B. c.] 1 Riddell's Stewartiana, 91 ; Scottish Antiquary, xv. 72. • RAMSAY, LORD BOTHWELL Tl has generally been considered by Peerage writers that the family to which Ramsay, Lord Bothwell, belonged was that of the Ramsays of Oorstoun, who were no doubt of kin to the Ram- says of Oarnock, other- wise Pitcruvie. The Oorstoun family were heirs of the latter after the death of Janet Ram- say, Lady Lindsay of the Byres.2 But whether Lord Bothwell was of that family is now doubt- ful. There appear, in- deed, to have been two John Ramsays at the Court of James in. ; John Ramsay the * familiar squire ' of that King, who married Isobel Cant, is never styled Lord Bothwell, though mentioned in the records after the creation of that title ; and in 1500 Elizabeth (synony- mous with Isobel) Cant appears as wife of John Ramsay in Pitgormo.3 Now this John in Pitgormo appears several times in the records as involved in many disputes with Ramsay of Oorstoun. Sir John never so appears. Further proof of the different identity of these two John Ramsays will be given later, meanwhile the career of that one who became Lord Bothwell may be considered. 1 The arms in the initial are what was generally borne by many Ramsay families, but the coat actually borne by Lord Bothwell has not been recorded. 2 Reg. Mag. Sig., 1 August 1540. 3 Acta Dom. Cone., ix. 159. RAMSAY, LORD BOTHWELL JOHN RAMSAY, whatever his parentage may have been, attracted the notice, while still a young man, of King James in. He formed one of that band of favourites on whom the nobles wreaked vengeance at Lauder. Ramsay escaped the general fate by leaping, it is said, on the horse the King was riding.1 He continued in much favour with James, though he gave great offence to the Court by pro- curing a royal mandate that no one but himself should be entitled to carry arms within the precincts of the royal residence.2 On 16 February 1483 he had a ratification in Parliament of the lands and barony of Bothwell,3 and he sat in the Parliaments of 1485 and 1487, under the title of LORD BOTHWELL.4 He was an Esquire of the King's Chamber,5 an auditor of Exchequer in 1484,6 and a Com- missioner for letting the Crown lands.7 He was Ambassador to England in 1486 and 1488.8 After the death of James in. he was forfeited in the Parliament held at Edinburgh 6 October 1488.9 He then retired to England, and was largely engaged in intriguing against the Scottish Govern- ment. He was, notwithstanding, allowed to return to Scotland in 1496, and had a remission under the Great Seal 18 April 1497, without, however, his title being re- stored to him.10 At the same time he had liferent grants of the lands of Tealing and Polgavie, co. Fife,11 of the lands of Trarinzeane, co. Ayr, and half the lands of Kirk- andrews, co. Wigtown.12 On 30 May 1498 he had a charter of a tenement in the Cowgate, Edinburgh, and another of lands in Forrester's Wynd, 6 November 1500.13 In 1503 he was Captain of Linlithgow,14 probably of the Palace there. On 13 May 1510 he had a grant ' pro bono servitio et ex special! favore ' of the lands and barony of Balmain, co. Kincardine.15 It is certain that all the time he was receiving these marks of the royal favour Ramsay was acting as a spy in the Scottish Court, and was engaged in a treasonable correspondence with Henry vn., and his letters are still extant.16 His end, however, was by no 1 Pitscottie, Scot. Text Soc., i. 176. 2 Eraser's Douglas Book, ii. 79. 3 A eta Parl. Scot. , ii. 153. 4 Ibid. , 169, 180. 6 Reg. Mag . Sig. , 6 September 1483. 6 Exch. Rolls, ix. 232, etc. 7 Ibid., 636. 8 Rymer's Feeder a. 9 Acta Parl. Scot., ii. 201, 205. 10 Reg. Mag. Sig. " Ibid., 27 April 1497, 13 September 1498. 12 Ibid. 13 Ibid. 14 Cal. Doc. Scot., iv. No. 1713. 15 Reg. Mag. Sig. 16 Cf. Pinkerton's Hist., ii. 438. 134 RAMSAY, LORD BOTHWELL means that of a traitor, as he died fighting for his King on the field of Flodden in 1513.1 Lord Bothwell is generally said to have married Isobel Cant, but she was the wife of the other John Ramsay alluded to above. Bothwell did marry, first, Janet Ken- nedy, the well-known mistress of James iv. On 6 November 1505 he, as Sir John Ramsay of Trarinzean, resigned certain subjects in Edinburgh for conjunct infeftment to be given to him and Janet Kennedy, Lady Bothwell, his spouse,2 and on the 28th of the same month Lady Bothwell appears in Court by Sir John Ramsay, her spouse and procurator.3 The marriage, if it ever took effect, must have been speedily dissolved, though Janet Kennedy lived for many years after- wards. He married, secondly, Isobel Livingston, said to have been a daughter of Livingston of East Wemyss,4 as on 15 February 1507-8 he again resigned subjects in Edin- burgh for conjunct infeftment to himself and her.5 This Isobel survived him, and he left James GJiisholm, Bishop of Dunblane, tutor testamentar to his son.6 It has been said that the Bishop and Bothwell were uterine brothers.7 BothwelFs mother was Janet Napier, afterwards (before 1484) wife of John Wilson, Burgess of Edinburgh.8 His father's name has not been ascertained. Bothwell had a son, WILLIAM,9 who chose curators 19 November 1524.10 He was therefore born in or shortly before 1510, which makes it probable that he was the son of Isobel Livingston. This William Ramsay was ancestor of the Ramsays of Balmain, now represented in the female line by Sir Herbert Ramsay of Balmain, Baronet. ARMS. — No record of the arms of Ramsay, Lord Bothwell, has come down to us. His descendants, the Ramsays of Balmain, only recorded arms in 1806 : argent, an eagle dis- played sable, charged in the breast with a rose of the first. [j. B. P.] 1 Exch. Rolls, xiv. 480. 2 Protocol Book of J. Foular, Edinburgh City Chambers. 3 Acta Dom. Cone., xvii. 35. 4 Pedigreepenes B. Barclay- Allardyce. Cf. Fourth Rep. Hist. MSS. Com., 632. 5 Protocol Book of J. Foular. 6 Acta Dom. Cone., xxvi. 19. 7 Gen. oftheHouseofDrummond, 178, where the mother's name is wrongly given. 8 Acta Part. Scot., ii. 153 ; Reg. Mag. Sig., 20 February 1483-84, 4 August 1484. 9 Exch. Rolls, xiv. 480. 10 Parliamentary Records, 545. HEPBURN, EARL OF BOTHWELL AND DUKE OF ORKNEY HE name of Hepburn is probably a local one derived from lands in Northumberland. * The house of Hailes is tradi- tionally reported to have been founded by an Englishman taken pri- soner in the reign of King David 11., and long detained for non-payment of ransom, who, having on one occasion rescued the Earl of Dunbar and March from a savage horse, was rewarded by the grant of lands in East Lothian.2 ADAM HEPBURN had in the reign of David u. a charter of the lands of Trepren (Traprain) and Southall, of Mersing- toun, and some in Oolbrandspath, to be held of the Earl of March ; and of the lands of South alls and Northalls (now called Hailes), at the Earl's disposition on the forfeiture of Hew Gourlay of Beinstoun ; with the lands of Rollanstoun, 1 Chalmers' Caledonia^ ii. 440. Chalmers believed that these lands lay in Morpeth ward, where there is a place now called Hebron ; but it seems more probable that the sirname was taken from Hebburn in the Parish of Chillingham, where a family of the name flourished from the thir- teenth century or earlier till late in the eighteenth, when it ended in an heiress. Their ' bastle ' still stands in Chillingham Park (Archceologia j&liana, xiv. 302-3). 2 Hector Boece, Bellenden's Translation, 1536, Book xvi. 235b. 136 HEPBURN, EARL OF BOTHWELL Berwickshire.1 He died before the end of the reign,2 leaving two sons : — 1. PATRICK (afterwards Sir Patrick) Hepburne, Lord of Hailes, his successor. 2. John. John de Hibburne had a charter of donation dated 9 June 1363, granted by Patrick of Dunbar, Earl of March and Moray (who styles him his alumnus), of the lands of Over and Nether Merkill, to him and the heirs-male of his body, whom failing to Patrick Hibburne his brother and the heirs of his body;3 Nisbet identifies the latter with Sir Patrick de Heb- burne (of Hailes) who witnessed a charter of which the royal confirmation is dated 23 February 1368-69.4 The great family of Hepburn of Waughton is said by Sir George Mackenzie to have been the principal cadet house of Hailes ; 5 and this John is held by Chalmers 6 and others to have been the ancestor of Waughton. But neither Mackenzie nor Chalmers cites any authority for the belief, and no evidence seems to be extant. It is true that in 1510 consanguinity was alleged to exist between Patrick Hepburne, younger of Waughton, and Helen, daughter of Sir Adam Hepburne of Crags, a cadet of Hailes;7 but as the relationship was only in the third and fourth, or fourth and fourth degrees, the common ancestor must have lived generations after Adam first of Hailes. As Nisbet points out, Mr. Thomas Craufurd (a very competent authority) believed that the family of Waughton was more ancient than that of Hailes.8 SIR PATRICK HEPBURNE of Hailes, Knight, the eldest son, was born circa 1321. 9 In 1363 he obtained a safe- conduct, dated 26 April, to visit the shrine of St. Thomas of Canterbury.10 The seal of Patrick de Hebborne, appended to the Act of the Parliament of Scotland settling the succes- sion to the crown, dated 27 March 1371, bears on a chevron 1 Robertson's Index of Missing Charters, 41, 42. Nisbet held that these charters dated from the reign of King Robert I. Nisbet's System of Heraldry, ed. 1804, i. 153. 2 Caledonia, ii. 441. 3 Reg. Mag. Sig., folio ed. 1814, No. 63, p. 31. * Ibid., No. 184, p. 59 ; Heraldry, L 153. 6 Additional MSS., British Museum, No. 12,464. 6 Caledonia, ii. 441 n. 7 Laing Charters, No. 278. 8 Notes, etc., on Buchanan's History of Scotland, 173. 9 Goodall, Scotichronicon, 433. 10 Rhymer's Fo2dera, Hague ed., vol. iii. part ii. 75. HEPBURN, EARL OF BOTHWELL 137 a rose between two lions combatant within a bordure en- grailed ; the shield in the centre of pointed tracery.1 He obtained from King Richard 11. a letter of safe-conduct to pass into England with twelve men and twelve horses, dated 4 December 1381, on the allegation that he was about to proceed to the Holy Land.2 At the battle of Otter- bur ne on 19 August 1388 he and his son Patrick gallantly saved the banner of Douglas from falling into the hands of the English.3 When the Earl of March fled to England in July 1400, Sir Patrick and his sons seem to have separated from his party and joined that of Douglas. Sir Patrick was alive on 22 June 1402, being then over eighty years of age.4 He married, first, Agnes (vide infra), and Secondly, Eleanor Bruce, Countess of Oarrick, only daughter of Sir Archibald Douglas (brother of the good Sir James Douglas), who was for a few months guardian of the kingdom. She was married first to Sir Alexander Bruce, son of Edward Bruce, brother of King Robert, who inherited his father's title of Earl of Oarrick.5 He was killed at the battle of Halidon Hill, 19 July 1333,6 and his widow retained the title of Oountess of Carrick during her life. A dispensation dated at Avignon 15 Kal. Aprilis 1376 was granted by Pope Gregory xi., permitting 'the noble man Patrick de Hepborn, Knight, and Eleonora de Bruys, Oomitissa de Oarrick,' to marry, notwithstanding that Agnes, his former wife, was within the fourth degree of consanguinity to the Oountess.7 She must have been far advanced in life when she was married to Sir Patrick, who seems to have been her fifth husband.8 He died before King Robert in.9 By his first wife he was father of PATRICK HEPBURNE younger of Hailes, whom Bower styles 4 Miles magnanimus et athleta bellicosus.' 10 His gallant behaviour at Otterburne has been mentioned above. He died v. p., slain in a conflict against the Earls of Northumberland and March at West Nisbet in Berwick- shire on 22nd June 1402.11 1 Laing's Catalogue of Seals, No. 427. 2 Fcedera, vol. iii. part iii. 131. 8 Froissart's Chronicle, Johnes' Translation, 1805, iv. 12. * Scotichron., ii. 433. 6 Eraser's The Douglas Book, 214-215 ; Scotichron., ii. 310. 6 Craw- furd's Peerage, 72. 7 Andrew Stuart's History of the Stewarts, 440. 8 Douglas Book, ut supra. 9 Caledonia, ii. 442. 10 Scotichron., ii. 433. 11 Pinkerton's Hist, of Scotland, i. 71, 72. 138 HEPBURN, EARL OF BOTHWELL He married a daughter and co-heir of the family of Vaux or de Vallibus, Lords of Dirlton, with whom he got a great accession to his estate. Patrick, first Earl of Bothwell, his descendant, quartered a bend for Vaux with his paternal coat in 1498.1 Patrick, third Earl, bore the same in 1538,2 and James, fourth Earl, in 1567.3 He had issue three sons : — 1. ADAM (afterwards Sir Adam) Hepburne. 2. William, who is mentioned in an indenture dated at Halys, 4 January 1437, preserved in the Wedderburn charter-chest.4 3. Archibald, who is mentioned along with his brothers in the same indenture, and also, as brother-german of Adam de Hepburne, Lord of Hailes, on 12 March 1420, in a charter confirmed 8 December 1440.5 He is also named as uncle of Patrick Hepburn, Lord Hailes, in a charter by the latter to the monks of Ooldingham, at Dunbar, 25 November 1450.6 He may perhaps be identical with Archibald Hepburne, armiger and burgess of Haddington, whose name appears frequently in the records from 1450 onwards, and who probably left a son of the same name. ADAM (afterwards Sir ADAM) HEPBURNE of Hailes, who succeeded his grandfather, was one of the Scottish Com- missioners sent to England in 1423 to treat for the release of King James i. from captivity.7 He was knighted by that King at his coronation on 21 May 1424.8 He was afterwards one of the supplementary hostages for King James i., and was finally released by order dated 9 November 1427.9 He was sent with others, in 1434, to take possession of the Castle of Dunbar, belonging to the Earl of March ; the charge of which after its surrender was con- fided to him by the King.10 A payment of £30 was made to him as keeper of the castle by order of the King, in 1435.11 He was present at the conflict at Piperden near Berwick on 10 September 1436,12 and was one of the conservators 1 Nisbet, Heraldry, i. 153. 2 Laing's Seals, i. No. 429. 3 Nisbet, ut supra. 4 Riddell Notes. 5 Reg. Mag. Sig. 6 Raine's North Durham, App., No. cccxxix. 7 Feeder a, vol. iv. part iv. 102. * Scotichron., ii. 482, 483; Ramsay's Lancaster and York, i. 490 n. 9 Fcedera, vol. iv. part iv. 117, 118, 130. 10 Scotichron., ii. 500. u Exch. Rolls, iv. 620. 12 Scotichron., ii. 501. HEPBURN, EARL OF BOTHWELL 139 of a truce with England 31 March 1438.1 He was styled Steward of the earldom of March on 1 January 1443-44.2 He was alive early in 1446,3 but died later in that year,4 leaving issue : — 1. PATRICK HEPBURNE (afterwards Sir Patrick and first Lord Hailes), his successor. 2. William Hepburne, who is first named in a charter already cited, by his brother Patrick, Lord of Hailes, on 25 November 1450.5 He is also designate brother to George Hepburne of Rollandistoun as witness to a charter granted by the latter on 27 February 1456-57.6 He was perhaps in attendance on his father during part of the time when the latter was a hostage in England, in 1425-27.7 He appears to have been spouse of Elizabeth Touris on 1 March 1453.8 3. George Hepburne of Rollandston, in the parish of Greenlaw, county Berwick, whom Nisbet shows as first of Whitsome. He had a charter dated 18 September 1456 of two husband lands in Ballyn- creyf, which were afterwards known as Rollands- toun's (or Rowistoun's) lands. On 17 February 1456-57 he granted a liferent charter of those lands, witnessed by Patrick Lord Halis, his brother, to Jonet Malvyn (Melville) his spouse, causa ac nomine dotis. The seal is still attached to this charter, and shows the arms of Hepburn of Hailes with a mullet in canton. The rose resembles a mullet pierced.9 It is probably he who appears as Gregory Hepburn in a charter by his brother Patrick on 25 November 1450.10 He appears to have had by Jonet Malvyn, his spouse, a son, (1) John, whose parentage is nowhere stated ; but he appears as John Hepburne of Rollanstoun from circa 1486 onwards. He was a bailie, and custumar, of Haddington ; principal Steward of the Royal Household ; had tacks of various lands, and was appointed Commissioner for letting Crown 1 Fcedera, vol. v. part i. 50. 2 Historical MSS. Com., Wedderbum Castle MSS. 262. 3 Exch. Rolls, v. Ixvii. n. 4 Bannatyne Miscellany, x. 275. 6 Raine's North Durham, App., No. cccxxix. 6 Blackbarony Writs in the Elibank Charter-Chest. 7 Fcedera, vol. iv. part iv. 118. 8 Inventories of Titles, Miscellaneous, vol. iii., H. M. Gen. Reg. Ho. 9 Blackbarony Writs. 10 Raine's North Durham, App., No. cccxxix. 140 HEPBURN, EARL OF BOTHWELL lands.1 In 1507 he granted a procuratory of resignation of Rowistoun's lands in the hands of the Sovereign, superior thereof, in favour of George Hepburne, his eldest son and apparent heir.2 He died circa 1510-11. 3 He married Margaret Wricht,4 one of the heirs of umquhile William Wricht, burgess of Cupar.6 His son, i. George Hepburne of Rollanstoun, was served heir to him in Rowistoun's lands in BallincriefF on 7 May 1511. 6 He succeeded his father as custumar of Haddington, and held that office until his death,7 and he rendered the accounts of the bailies of Haddington from 11 July 1511. 8 He died ante 4 July 1514. 9 He married Alesone Hammiltoun.10 He seems to have had (i) A son who died v. p. , leaving — a. Patrick Hepburne of Rollandstoun, who had sasine of Ballincrieff on 24 October 1513, being designate nepos of the Laird of Rollanstoun.11 He died ante 13 May 1529. 12 b. Agnes Hepburne, who had sasine of Rowis- toun's lands, following on a re tour as sister and heir to Patrick Hepburne of Rollanstoun , on 13 May 1529. She granted charter thereof under reversion to Jonet Lady Setoun on 10 May 1537, being further designate spouse to Alexander Hamiltoun in Prestoun.13 She was succeeded by her son George Hamiltoun in Prestoun, who on 9 November 1570 had sasine of one of two husband lands called Rowistoun's lands,14 and on 28 June 1592 was served heir to Patrick Hepburne his maternal uncle in the lands of Rollanstoun, co. Berwick.16 But these lands had ap- parently then been long in possession of another branch of the family; they had probably reverted to the head of the house, the tenant in chief, soon after the death of Patrick Hepburne. 4 Mr. Adam Hepburne, Dean of the Collegiate Church of Dunbar, is designate brother to Patrick Hepburne, Lord of Halis, as witness to a charter granted by the latter, and dated at Halis 13 June 1448.16 5. John Hepburne, Bishop of Dunblane. This prelate 1 Exch. Bolls, ix. 626, and x. passim. 2 Blackbarony Writs. 3 Ibid. 4 Exch. Rolls, ix. 626. 6 JReg. Mag. Sig., 16 January 1599. 6 Black- barony Writs. 7 Exch. Bolls, xiii. 383, 488, 571. 8 Ibid., 496, 581. 9 Ibid., xiv. 48. 10 Ibid. " Ibid., xiv. 516. 12 Blackbarony Writs ; Reg. of Acts and Decreets, i. 532, 24 November 1543. 13 Blackbarony Writs. u Ibid. 16 Retours, Berwick [499]. 16 Laing Charters, No. 126. HEPBURN, EARL OF BOTHWELL 141 was a Lord of Council and Session in 1467, and died I486.1 6. Elizabeth Hepburne, was married to Alexander, Master of Montgomerie.2 He died in 1452.3 7. Helen Hepburne was married on 10 July 1446, con- tract dated 20 February 1445-46, to John Somerville, styled Baron of Carnwath (eldest son and apparent heir of William, second Lord Somerville), who after- wards succeeded as third Lord Somerville. She died ante March 1456-57.4 8. Annes Hepburne is mentioned as sister of Patrick Hepburne, Lord of Halis, in the contract of marriage between Adam his son and Elyne Home dated at Tynynghame 2 February 1448, and now preserved in the Buccleuch charter-chest.5 I. PATRICK HEPBURNE (afterwards Sir Patrick, and first Lord Hailes), the eldest son, had a charter dated 29 June 1444, from William Earl of Douglas, of certain lands in the lordship of Dunsyre, co. Lanark, which was con- firmed 20 May 1452.6 Before his father's death he took possession of Dunbar Castle without authority ; Joan Beaufort, the Queen-Dowager, resided in the Castle, while he held it, for some time ; but after her death, which took place there on 15 July 1445,7 he evacuated the place.8 On 25 November 1450, he granted lands in Ooldingham and neighbourhood to the monks there, and to this charter a fine seal of arms is attached.9 On 10 December 1450 he had a charter of the lands of Little Lambertoun, commonly called Sherefbygyn, and of the office of Sheriff of Berwick, which was confirmed on 20 May 1452.10 On 20 December 1451 he had a Crown charter of the lordship of Halis and other lordships and lands, which his predecessors formerly held in heritage of the Earls of March, who again held them of the Crown in chief ; also the lands of Prendergest and others in the sheriffdom of Berwick, with all right in 1 Keith's Cat. of Bishops, 104. 2 Crawfurd's Peerage, 128 ; Fraser's Memorials of the Montgomeries, Earls of Eglinton, i. 25. 3 Ibid. 4 Memorie of the Somervilles, i. 194, 195, 211. 6 Fraser's Scotts of Buccleuch, ii. 39. ° Eeg. Mag. Sig. 7 Auchinleck Chronicle, 7. 8 Raine's Hist, of North Durham, App. 22 ; Buchanan's Rerum Scot. Hist., ed. 1668, p. 378. 9 Raine's North Durham, App. , No. cccxxix. 10 Eeg. Mag. Sig. 142 HEPBURN, EARL OF BOTHWELL the lands formerly held by George, Earl of March, and forfeited by him : — the whole erected into a free barony to be called the barony of Halis.1 He was one of the conser- vators of truces with England in 1449, 1451, -3, -7, and 1459.2 He was created a Peer of Parliament by the title of LORD HAILES between 31 October 1452,3 and 14 June 1453.4 He seems to have been alive on 6 December 1482,5 and to have died shortly after that date.6 He appears to have been twice married. Elene Wallace was his spouse at the date of his death; she survived him.7 He had issue : — 1. ADAM, Master of Hailes, of whom after. 2. Patrick Hepburne (of Beinston). He had from his father charter of Benestoun, extending to two husband lands, with ' ane pece land called the Reid Abbayes Oroft.' 8 He was dead cmte 19 November 1518.9 He married Christian Ogilvie, who is called relict of John Campbell of Auchreoch.10 (See title Bread- albane.) By her " he was father of (1) Mr. John Hepburne of Beinstoun,12 who is not known to have married. On 16 March 1542-43 letters of legitimation were granted to Patrick and six other natural sons and daughters of Mr. John Hepburne of Benestoune.13 This Patrick was his father's cessioner, and succeeded him in Beanstoune,14 but is usually designate of Quhytcastell,16 alias Nunraw.16 He was knighted ante 1 November 1574. 17 He married Margaret Cockburne, daughter of Sir James Cockburne of Langtoun,18 and founded a new family of Hepburne of Beinston. He died in the month of Novem- ber 1583. 19 (2) Patrick Hepburne is said to have been educated by his uncle John, Prior of St. Andrews,20 whom he succeeded as Prior shortly before 29 January 1525- 26. 21 In the next month he was tutor to Patrick, third Earl of Bothwell.22 In 1524 he was appointed Secretary of State, and he held the office till 1 Reg. Mag. Sig. 2 Fcedera, v. pt. ii. 19, 37, 50, 75 and 89. 3 Reg. Mag. Sig. * Exch. Rolls, v. 581. 5 Acta Parl. Scot., ii. 134a; Acta Dom. And., lOlb. 6 Caledonia, ii. 445. 7 Acta Dom. Cone., 98*. 8 Precept, of 29 April 1586, for charter of confirmation, Reg. Sec. Sig., liii. 176. 9 Acta Dom. Cone., xxxii. 6. 10 Acts and Decreets, viii. 565b, 28 July 1554. n Ibid. 12 Acta Dom. Cone., xxxii. 6, 19 November 1518. 13 Reg. Mag. Sig. M Acts and Decreets, iii. 398, 12 March 1549. 15 MS. Reg. of Deeds, xxi. 146, 9 and 12 June 1583. 16 Laing Charters, No. 722. 17 Charter confirmed 23 November 1574, Reg. Mag. Sig. 18 Charter confirmed 3 December 1566, Reg. Mag. Sig. 19 Edin. Tests., 5 January 1584-85. 2° Keith's Cat., 88. 2l Exch. Rolls, xv. 239 n., 242 n. 22 Cale- donia, vol. ii. 447, quoting Cottonian MSS. B. M., Caligula, vii. 30. HEPBURN, EARL OF BOTHWELL 143 1527. He was provided Bishop of Moray and Commendator of Scone on 14 June 1538. 1 He succeeded to the lands of Cleishbeny (which had belonged to Christian Ogilvie) as heir to Mr. John Hepburne of Beinstoune, his brother.2 In December 1567 he was summoned for treason along with many others of his name, including Adam Hepburne of Ballinghard, and Patrick Hepburne, Rector of Kynnoir, his sons.3 He had a large number of natural children by different mistresses, some of whom obtained letters of legitimation on 18 December 1533 ;4 some on 4 October 1545 ;5 and others on 14 May 1550.6 He found the Bishopric of Moray in good condition, but he feued out all the lands belonging to it.7 He also feued out to his natural children many of the lands belonging to the Abbey of Scone. Among these were the lands of Ballinhard (or Bonhard) and Boghall ; of which, on 22 January 1540, he granted a feu-charter to Patrick Hepburne, natural son to Isabell Lydell, with remainder to Adam and George Hepburne his brothers-german. This charter was con- firmed by certain Commissioners appointed by the Apostolic See on 21 July 1542.8 Patrick Hepburn having died s.p.m. ante 20 February 1560, was succeeded in his lands by the said Adam, who founded the family of Hepburne of Bon- hard.9 He had been legitimated on 4 October 1545. At the Reformation Patrick, Bishop of Moray, experi- enced the same treatment as other prelates ; but his ability and influence enabled him to keep possession of Spynie Castle, the Palace belonging to the See, where he died on 20 June 1573. He was buried in the choir of Elgin Cathedral.10 3. Alexander Hepburne (of Whitsome) had charter dated at Halis 11 February 1462, granted by Patrick Hepburn, Lord Halis, of his lands of Quhytsum, with their pertinents, in the sheriffdom of Berwick ; wherein the said Alexander is styled son of the granter.11 He was Sheriff of Edinburgh 1483-85,12 and on 16 June 1488 was appointed Sheriff and Seneschal of Fife for five years.13 In 1492 and 1493 he was associated with his brother-in-law, Henry Napier, in the office of Admiral-Depute to Patrick, first Earl of Bothwell.14 He had a charter of aliena- tion, dated 12 May 1492, granted by John, Lord Lindsay of the Byres, of the lands of Duntarvy and 1 Brady's Episcopal Succession, i. 137, 209. 2 Protocol Book of Robert Rollok, H.M. Reg. Ho., 94a ; Acts and Decreets, viii. 565b, 28 July 1554. 3 Acta Parl. Scot., iii. 6. * Reg. Mag. Sig. 6 Ibid. 6 Ibid. 1 From a foresight, Keith thought, of coming events. Catalogue, 88. 8 Inventory of Bonhard Writs, City Chambers, Perth. 9 Ibid. 10 Keith's Catalogue, 88. n Hist. MSS. Com., Report on Wedderburn Castle MSS., 260. 12 Acta Parl. Scot., ii. 154. 13 Reg. Mag. Sig. " Acta Dom. Cone., 290. 144 HEPBURN, EARL OF BOTHWELL Sanct Serifs Law, in the sheriffdom of Linlithgow.1 On 4 November 1508, he had, with Jonet Napier his spouse, charter of feu-farm granted by James Wardlaw of Riccartoun, of the lands of Riccartoun, with tower, etc., lying (in the sheriffdom of Edin- burgh, but) by annexation in the barony of Ratho and shire of Renfrew.2 His successors were frequently designate ' of Riccartoun.' He married Jonet Napier, Lady Edmonstoun,3 daughter of Sir Alexander Napier of Merchistoun,4 and relict of Sir David Edmonstoun of that Ilk.5 By her he had issue : — (1) ALEXANDER HEPBTJRNE, his successor. (2) Mr. James Hepbume was rector of Partoun in July 1510, 6 and was also rector of Dairy in Galloway.7 He was postu- late Abbot of Dunfermline in 1515, and assumed the title, but may not have been inducted.8 He held the office of Lord High Treasurer of Scotland from 25 June 1515 to 25 January 1515-16.9 In the same year he was consecrated Bishop of Moray,10 and was admitted to the temporality of the See on 26 August 1516.11 He died two or three days before Martinmas 1524,12 and was buried in Elgin Cathedral.13 (3) Marion Hepburne. She was married, before 16 March 1500-1, to Patrick Levingstoun of Castlecary.14 (4) Agnes Hepburne. Married, contract before 2 April 1501, to William Livingstoun, eldest son and heir-apparent of James (third) Lord Livingstoun,15 who afterwards became fourth Lord Livingstoun. Alexander, fifth Lord Livingstoun, his son, is designed nephew (nepos) of James Hepburne, Bishop of Moray, on 25 April 1518. 16 She was alive 3 February 1509-10. Sir Alexander Hepburne, son and heir-apparent, is men- tioned with his parents on 1st August 1488. 17 He was knighted before 28 April 1508. 18 He died ante 17 September 1517. 19 He married Isobel Wardlaw.20 Mr. James Hepburne, Dean of Dunkeld, may have been his son, but of this no positive 1 Precept for ch. of confn. 29 November 1585, Reg. Sec. Sig., liii. 81. 2 Acts and Decreets, cxcix. 391, 28 May 1602, and ccxi. 428, 8 June 1605. 3 Reg. Mag. Sig., 1 August 1488, and Acts and Decreets, loc. cit. 4 Precept to the Steward of Monteith, 1 Oct. 1481, Napier Charter-Chest. 6 Acta Dom. Cone., xxiv. 167. 6 Ibid., xxi. 200. 7 Cal- endar Letters and Papers, Henry VIII., vol. ii. part i., No. 778, 205. 8 Registrum de Dunfermelyn, preface, xvi. 9 Treasurer's Ace., v. 1. 10 Keith's Catalogue, 87. n Reg. Sec. Sig., v. 71. 12 Acta Dom. Cone, et Sess., vi. 207. 13 Keith's Catalogue, loc. cit. u Protocol Book of John Foular, Council Chambers, Edinburgh, 16 March 1500-1 and 31 August 1503. 15 Appointment dated inter 2 April and July 1501, Acta Dom. Cone., x. 106b. 16 Reg. Mag. Sig. 17 Ibid. 18 Reg. Sec. Sig., iii. 76b. 19 Wedderburn Castle MSS., ut sup., No. 597, p. 261 ; Edin. Com., xiv. 2 November 1584. 30 Reg. Sec. Sig., iii. 76b. HEPBURN, EARL OF BOTHWELL 145 proof has been found. Mr. James was executor to the estate of James, Bishop of Moray.1 Sir Alexander's eldest son Alexander (afterwards Sir Alexander) Hepburne of Whit- some, had sasine on 7 November 1517 of the lands of Duntarvy on precept of dare constat.2 He and his spouse purchased the half-lands of Malcolmstoun, co. Edinburgh, charter confirmed 12 December 1532.3 He was Sheriff-Depute of Edinburgh in 1539, 1542, and 1544. 4 Under the style of Miles he witnessed a charter dated 13, confirmed 24 October 1539. 5 He was Admiral- Depute in 1544-45.6 He married, first, Elene Sinclair, relict of Sir John Mowbray of Barnbougall, Sir John having died in 1518.7 She was alive 9 October 1540. 8 Marioun Hay is mentioned along with Sir Alexander in a judicial proceeding dated 17 March 1544-45.9 He married lastly, apparently between April and De- cember 1549, Dame Marioun Wardlaw, Lady Dudhope.10 She was relict of James Scrimgeour of Dudhope, Constable of Dundee.11 She survived Sir Alexander, who djed ante 17 December 1551.12 He had issue by his first wife :— (i) Alexander (afterwards Sir Alexander) Hepburne, his successor. (ii) Elizabeth Hepburne, who was married to John Lundy, son and heir-apparent of Walter Lundy of that Ilk.13 Sir Alexander seems also to have left an illegitimate family, the members of which were people of some importance. On 7 July 1599 a case was heard at the instance of Patrick Hepburne of Riccartoun, eldest lawful son to umquhile Sir Alexander Hepburne of Riccartoun, only lawful brother to umquhile Mr. Robert Hepburne, parson of Hauche, etc.14 The same Mr. Robert was found by the Lords on 14 January 1623 to have been born bastard.15 He was styled successively of Duntarvy, of Magdalens (in the Lordship of Charter- house, co. Perth), and of Foord. Mr. Thomas Hep- burne, parson and proprietor of Auldhamstocks, called Mr. Robert his brother in his latter will, witnessed by Sir Alexander Hepburne of Quhitsum, and confirmed in the Commissariot of Edinburgh 14 July 1586 ; and Mr. Thomas is himself called natural son of Alexander Hepburne of Quhitsum on 12 June 1543. 1G It was pos- 1 Reg. Mag. Sig., 6 November 1535. 2 Edin. Com., xiv. 2 November 1584. 3 Reg. Mag. Sig. 4 Acta Parl. Scot., ii. 353, 409;— Reg. Mag. Sig., 31 December 1544. 5 Ibid. 6 Acts and Decreets, ii. 6, 14 March 1544-45. 7 MS. Acta Dom. Cone, et Sessionis, iv. 45; Acts and Decreets, i. 325. 8 Swinton Charters, Register Ho. 9 Acts and Decreets, ii. 7. 10 Obligation dated 15 April, registered 28 November 1549, Acts and Decreets, iii. 199. 11 Acta Dom. Cone., xxiv. 15, 15 July 1547. 12 Acts and Decreets, vi. 91. 13 Reg. Mag. Sig., 12 February 1548-49, confirming ch. of 16 August 1544. 14 Acts and Decreets, vol. clxxviii. 182. 15 Ibid., vol. ccclxix. 26. 16 Wedderburn Castle MSS., No. 573, p. 254. VOL. II. K 146 HEPBURN, EARL OF BOTHWELL sibly another illegitimate son of Sir Alexander who was killed in a sortie from the Castle of Edinburgh, 30 August 1571. l Alexander (afterwards Sir Alexander) Hep- burne was a minor at his father's death.2 He appears in possession of parts of Auldhamstocks in 1561 and 1562. 3 On 7 December 1565 he is men- tioned as Captain of certain horsemen on the side of the King and Queen ; 4 and he was ' first hous- hald man and familiar servaiid' to the King Consort.5 He was probably knighted on 12 May 1567.6 He met Queen Mary on her escape from Lochleven, 2 May 1568, and escorted her with a few horsemen towards Niddrie ; and he was soon afterwards detailed to attempt the seizure of Dunbar Castle, in which he was unsuccessful.7 He was forfeited by Parliament 19 August 1568 for not appearing to answer charges of treason.8 On 20 August 1568, King James vi., with consent of the Lord Regent, granted by letters under the Privy Seal to William Cunynghame, son and heir of Alexander, Earl of Glencairn, the escheat of Alexander Hepburne of Quhitsum, knight; which escheat the grantee afterwards disponed and transferred to the children of the said Sir Alexander.9 His forfeiture was rescinded by the Parliament held at Stirling 15 July 1578. 10 He married Jonet Cunynghame, sister to John Cunynghame of Glengarnock,11 and had issue by her : i2— a. Alexander Hepburne, who died v. p., ante 9 February 1589. 13 b. Patrick, his successor. g. Helen. c. Thomas. h. Jane. d. James. i. Katherine. e. Elizabeth. j. Marie. f. Margaret. He also had three other daughters, named Agnes, Marion, and Isabel.1* Patrick Hepburne, who succeeded, seems from references to him in the Register of the Privy Council of Scotland from 1593 to 1599 1 Cal. Scottish Papers, etc., iii. 676, No. 911. 2 Acts and Decreets, vi. 91, 17 December 1551. 3 Laing Charters, No. 728 ;— Acts and Decreets, xxviii. 381. 4 Reg. Privy Council, i. 410. 6 Cal. Scot. Pap., Bain, ii. 524. 6 Diurnal of Occurrents, Maitland Club, 1833, p. 111. The diarist gives the name of Alexander Hepburne of Benstoun. But there never was such a person; Benstoun was probably written in error instead of Quhitsum. Sir Alexander was undoubtedly knighted about that time. 7 Cal. Scot. Pap., Bain, ii. 424. 8 Acta Parl. Scot., iii. 54b. 9 Acts and Decreets, xliv. 196, 9 July 1569. 10 Acta Parl. Scot., iii. HOa. 11 Ibid. ; Reg. Mag. Sig., 16 August 1568. 12 Acts and Decreets, ut supra. 13 Reg. of Deeds, xxxviii. 129. 14 Ibid., xxxv. 188. HEPBURN, EARL OP BOTHWELL 147 to have been violent in disposition and of lawless life. He parted successively with the superiority of Whitsome — 'all that re- mained to him thereof,' 1 and with the lands of Wollines ; 2 and lost his right to Riccar- toun.3 He died before 20 November 1606.* He married, contract dated 5 April 1589, Susanna Napier (eldest lawful daughter of Sir Archibald Napier of Edinbellie, Knight, by Elizabeth Mowbray, his second wife6), who survived him.6 By her he had : — (a) Archibald Hepburne, eldest son,7 who was born in July 1594, 8 and died v.p. His brother Alexander was served heir to him.9 (6) Alexander Hepburne, who succeeded his father, lost the lands of Malcolms- toun, the last of the family proper- ties, by decision of the Lords of Council, on 14th March 1609. 10 He was served heir -general to his father 7th April 1619. n (c) Agnes Hepburne.™ 4. John Hepburne, Prior of St. Andrews, to whom Mr. George Hepburne, Dean of Dunkeld, is styled brother in a charter of January 1506-7.13 He founded St. Leonard's College in the University of St. Andrews in 1512, and about eight years later built a fine wall with turrets at proper distances round great part of the city upon his own charges.14 He was tutor to Patrick, third Earl of Bothwell, his great-grand-nephew, on 16 February 1516-17.15 He was alive on 20 July 1525,16 and died within a few months thereafter.17 5. Mr. George Hepburne, Dean of Duukeld, is designate brother-german to Patrick Hepburne, son to Patrick Hepburne, Lord Halis ; 18 also brother to John, Prior of St. Andrews (q.v.), and paternal uncle to George 1 Contract in Wedderburn Castle MSS., No. 136, p. 62. 2 Secretary's Register, Edinburgh, etc., ii. 4, 17 April 1602. 3 Acts and Decreets, ccxi. 428, 8 June 1605, and ccxl. 288, 14 March 1609. 4 Reg. of the Privy Council, vii. 274. 6 Reg. of Deeds, xxxv. 188. 6 Acts and Decreets, ccxl. 288, 14 March 1609. 7 Acts and Decreets. 8 Ibid., ccxviii. 10, 22 June 1605. 9 Ibid., ccxxxii. 456, 9 July 1608. 10 Acts and Decreets, cccvi. 353. u Inq. Gen. [820]. 12 Acts and Decreets, ccliii. 266, 9 June 1610. 13 Confirmed 8 February 1506-7, Reg. Mag. Sig. u Reliquiae Dim Andrew, by Mr. George Martine, 192. 16 Ada Dom. Cone., xxix. 4. 16 Exch. Rolls, xv. 242 n. 17 Ibid., 239 n. 18 Reg. Sec. Sig., liii. 176, penult. April 1586. 148 HEPBURN, EARL OF BOTHWELL Hepburne, Provost of Lynclowdane, Abbot postulate of Aberbrothoc.1 He was alive on 26 June 1509.2 6. Mr. Patrick Hepburne , Rector of the Church of Lyn- toun, whom Patrick, Lord Halis styles his beloved son in a charter dated at Halis 11 February 1462-63.3 7. Margaret Hepburne, married, first, before March 1451, to Patrick de Haliburtoun, afterwards third Lord Hali- burtoun.4 She was married, secondly, to Andrew Ker, eldest son of Andrew Ker of Auldtounburn, and first of Cessford,5 who predeceased her, dying v.p. between 13 October 1466,6 and April 1467.7 She was married thirdly to Archibald Forrester, Lord of Oorstorphine, whose spouse she was on 1st February 1479-80.8 8. Euphemia Hepburne^ married to Andrew, son and heir of Dungall Makdowell of Makerstoun.9 9. Elizabeth Hepburne, married to William Lundin of that Ilk before 1485, 10 and had issue. ADAM, Master of Hailes, afterwards styled of Dun- syre, was not of age to marry on 2 February 1448, the date of an indenture between Patrick Hepburne, Lord of Hailes, his father, and Sir Alexander Home of that Ilk, Knight (afterwards created Lord Home), which settled the contract of marriage between Adam and Elyne Home, Sir Alexander's daughter. The original contract is preserved in the Buc- cleuch Charter-chest.11 He is believed to have intrigued with the widowed Queen Marie of Gueldres, a young and beautiful woman.12 He attached himself to the party of the Boyds, and was concerned in the seizure of King James in. at Linlithgow on 9 July 1466, for which he ob- tained a remission from Parliament dated 13 October in the same year.13 He was Sheriff of Berwick on 7 April 1467.14 He had charter of confirmation of Dunsyre in the sheriffdom of Lanark, dated 13 October 1475, being therein 1 Liber S. Thome de Aberbrothoc, ii. 350. 2 Scotts of Buccleuch, ii. 117. 3 Wedderburn Castle MSS. ut supra, No. 596, p. 261. 4 Reg. Mag. Sig., 28 March 1451. 5 Fourteenth Rep. Hist. MSS. Com., App. iii. 17. 6 Reg. Mag. Sig., 25 October 1466. 7 Fourteenth Rep. Hist. MSS. Com., loc. cit. 8 Laing Charters, No. 179. 9 Reg. Mag. Sig., 4 February 1477-78. 10 M. C. of Thomas Lundin, their eldest son, 4 July 1488, at Drummond Castle. u Scotts ofBuccleuch, ii. 39. The marriage is said to have taken place in 1460 ; vide Bannatyne Miscellany, iii. 275. 12 Pinkerton, i. 252. 13 ActaParl. Scot., ii. 185. H Wedderburn Castle MSS. ut supra, No. 586, p. 258. HEPBURN, EARL OF BOTBTWELL 149 styled 4 of Dunsyre.' l He died in or before 1479, in which year his son Patrick had a sasine in succession to him.2 His wife survived him, and was married secondly (as his second wife) to Alexander Erskine, then son and heir-apparent of Thomas, Lord Erskine. She was his spouse on 15 July 1480, when she had sasine of her terce of the barony of Dunsioure.3 Adam, Master of Hailes, and Elyne Home had issue : — 1. PATRICK HEPBURNE, who succeeded as second Lord Hailes, and was subsequently created Earl of Both- well ; of him after. 2. Adam (afterwards Sir Adam) Hepburne, styled jure uxoris of Oraggis (or Crags). On 16 October 1489 he was designate brother-german of Patrick, Earl of Bothwell; he was at that time attached to the household of King James iv. ; and on 30 March 1497 (or 1498) he jvas Master of the King's Stable.4 He had with his spouse, on 24 March 1503-4, charter of the lands and barony of the Oraggis in the sheriffdom of Forfar.5 He was killed at the battle of Flodden, 9 September 1513.6 His testament was confirmed in the Oommissariot of Edinburgh, 20 August 1514.7 He married Elizabeth, one of the two daughters and co-heirs of the deceased Walter Ogstoun of that Ilk,8 by whom he had issue : — (1) John Hepburne, to whom Patrick Hepburne, 'son to umquhile Patrick, Erie Bothuile,' and his assignees, were on 12 June 1516 appointed curators ' becaus he was by the hand of God dum and deft unnaturale.' 9 He was dead before 6 March 1524-5, when his sisters were designate as his heirs.10 (2) Elizabeth Hepburne, who was married to Mr. Alexander Livingstoun of Dunipace, co. Stirling.11 He survived his spouse, who was dead on 6 October 1548. 12 (3) Elena (or Helen) Hepburne, who was married at Boltoun, on 5 November 1510, to Sir Patrick Hepburne, younger of Wauchtoun, under a dispensation granted by Alexander, Archbishop of St. Andrews, which was rendered necessary by the fact that the parties were related in the third and fourth, or fourth and fourth degrees of consanguinity.13 How 1 Reg. Mag. Sig. 2 Exch. Bolls, ix. 679. 3 Protocol Book of Stirling, A.D. 1469-1484, p. 48. 4 Reg. Mag. Sig. 5 Ibid. 6 Ibid., 25 October 1513 ;— obligation dated 17 May 1542, printed in Fasti Aberdon. 116. 1 Reg. of Testaments. 8 Reg. Mag. Sig., 24 March 1503-4. 9 Reg. Sec. Sig., v. 59. 10 Acta Dom. Cone., xxxv. 1. n Reg. Mag. Sig., 18 November 1528. 12 Laing Charters, No. 545. l3 Ibid., No. 278. 150 HEPBURN, EARL OF BOTHWELL they were related is not known. Sir Patrick died in 1547. l His wife died before 29 April 1560, on which date her son, Patrick Hepburne of Wauchtoun, was served heir-in- general to her.2 (4) Janet Hepburne. She was married, first, to John Somer- ville, son and apparent heir of Sir John Somerville of Cambusnethan, whose spouse she was on 13th March 1511-12.3 This marriage was dissolved in 1515- 16, 4 and she was again married, and was wife of James Auchinleck of Kemnay, co. Aberdeen, on 1 June 1528.5 She was dead before 3rd March 1549, on which date William Auchinleck, her son, was served heir to her.6 3. Mr. George Hepburne, a Churchman, was first pre- ferred to the Provostry of the Collegiate Church of Lincluden, in the Diocese of Glasgow. On 9th February 1503-4 he was postulate Abbot of Arbroath, when George Hepburne, Dean of Dunkeld, designate his paternal uncle, was a witness to the instrument of postulation.7 He was appointed Lord High Treasurer of Scotland in 1509,8 but resigned the appointment in a few months ; 9 consecrated Bishop of the Isles 1510 ;10 and was Commendator of the Abbeys of Arbroath and Icolmkill.11 He was killed at the battle of Flodden, 9 September 1513.12 4. Margaret Hepburne, who is mentioned, otherwise undesignate, as spouse of Henry, Lord Sinclare, on 4 December 1488,13 seems to have been a daughter of Adam, Master of Hailes. Her husband was killed at the battle of Flodden, 9 September 1513,14 and she survived him many years. She died before 8 November 1543.15 On 1 April 1549, Mr. John Hepburne, Parson of Dairy, who was a natural son of Mr. John Hepburne of Beinstoun,16 was mentioned as one of her executors.17 5. Elizabeth Hepburne, who was married to Alexander, Master of Home. 1 Testament, noted by the late Mr. Alexander Sinclair. 2 Genealogist, January 1895, xi. 146. 3 Reg. Mag. Sig. 4 Liber Officialis S. Andrece, 1845, 7. 5 Reg. Mag. Sig. 6 Inq. Spec. Aberdeen [10]. 7 Liber S. Thome de Aberbrothoc, ii. 350. 8 Crawfurd's Lives of Officers of State, 368. 9 Treas. Acts, iv. x. 10 Keith's Cat., 187. n Reg. Mag. Sig. , 10 November 1512. 12 Fasti Aberdon., 116. 13 Reg. Mag. Sig. ; cf. charter dated 9 January 1493-94, ibid. 14 Crawfurd's Peerage, 444. 16 Bannatyne Misc., iii. 284. 16 Reg. Mag. Sig., 29 May 1534. 17 Acts and Decreets, iii. 2. HEPBURN, EARL OF BOTHWELL 151 II. SIR PATRICK HEPBURNE of Dunsyre, Knight, was Sheriff of Berwick on 15 June 1480. l He succeeded his grandfather as second Lord Hailes shortly after 6 December 1482. He was one of the Conservators of a truce with England, 20 September 1484.2 He was one of the leaders of the Confederate Lords who rebelled against King James in.,3 and he led the van against the royal array at the battle of Sauchieburn, 11 June I486.4 Birrel seems to have believed that he was one of those responsible for the murder of King James after the battle.5 Under the new reign he rose to great power and held many offices. He became Master of the King's Household,6 and custodian of the Castle of Edinburgh for seven years, and Sheriff- Principal of Edinburgh and of the constabulary of Hadding- ton, 26 June 1488.7 He was appointed Great Admiral of the Kingdom for Jus life on 10 September I486.8 On 13 October in the same year he had a Crown charter of the lordships of Crichtoun and Bothwell, in the King's hands by reason of the forfeiture of John Ramsay, formerly Lord Bothwell.9 On the 17th of the same month the lordship of Bothwell was erected into an earldom in his favour, and he was belted EARL OF BOTHWELL in full Parliament.10 He was made guardian to the Duke of Ross, the King's brother,11 and Steward of Kirkcudbright and Keeper of the Castle of Trief or Thrieve for life, on 5 November 1488.12 On 29 May 1489 he and John, Prior of St. Andrews (his uncle), and the survivor of them, had charters of the lands and lordships of Orkney and Shetland for thirteen years, and also of the Jus- ticiary and Bailiary thereof, and the custody of the Castle of Kirk wall.13 He was appointed Warden of the West and Middle Marches on 14 July 1489,14 and had charter of the lands and lordship of Liddesdale, with Hermitage Castle, etc., on the resignation of Archibald, Earl of Angus, 6 March 1491-92,15 the latter getting the lordship of Bothwell, which he, Patrick, Earl of Bothwell, resigned.16 King James iv., on coming of age, issued in the Parliament held at 1 Reg. Mag. Sig. 2 Fcedtra, v. pt. iii. 152b. 3 Acta Parl. Scot., ii. 210, 211, 269, 270. 4 Ty tier's Hist, of Scot., iv. 319. 5 Diary of Robert Birrel, 1532-1605, printed in [Dalyell's] Fragments of Scottish History, 3. 6 Reg. Mag. Sig., 25 June 1488. 7 Ibid. 8 Ibid. 9 Ibid. 10 Acta Parl. Scot., ii. 206b. 11 Ibid., 211a. 12 Reg. Mag. Sig. 13 Ibid. " Acta Parl. Scot., ii. 214b. is Begt MaQt sig. 16 Ibid., 4 July 1492. 152 HEPBURN, EARL OP BOTHWELL Edinburgh on 26 June 1493, a general revocation of all grants made during his minority ; but the grants to Patrick, Earl of Bothwell, were specially excepted.1 He was Captain of Dumbarton Castle 1 April 1495.2 He had charter of confirmation of the lands of Fairnington, co. Roxburgh, on 24 January 1506-7,3 and charters of many other estates at various dates.4 He was one of the pleni- potentiaries sent to conclude the treaty for the marriage of King James iv. with Princess Margaret of England in October 1501,5 and he stood proxy for the King at the ceremony of betrothal on 25 January 1501-2.6 He died on 18 October 1508.7 He married first, before 1 February 1480-81, 8 Janet (or Joanna) Douglas, daughter of James, (first) Earl of Morton, by Princess Joan, 4 the dumb lady,' 9 daughter of King James i., and by her,10 who died before 21 February 1490-91, he had issue :— 1. Jane, or Johanna, otherwise Jonet or Janet, Hepburne, who was married, before December 1506, to George, son and apparent heir of George, (second) Lord Seton, who afterwards succeeded as third Lord Seton.11 He was killed at the battle of Flodden 9 September 1513.12 She survived him, and lived many years at the Convent of St. Catherine of Sienna, commonly called 4 the Sciennes,' in the Burgh Muir of Edinburgh, which was built principally at her expense.13 She died after 10 May 1558,14 and was buried beside her husband in the choir of Seton Church.15 He married, secondly, contract dated 21 February 1490-91, Margaret Gordon, daughter of George, Earl of Huntly, who, with Alexander Lord Gordon, his son, was the other party to the contract. The object was the marriage of Earl Bothwell with ' ane of the tua douchters ' of the Earl of Huntly, 'Margaret or Katherine, quhilk of thame that 1 A eta Part. Scot, ii. 237a. 2 ActaDom. Cone., 381. 3 Reg. Mag. Sig. 4 Ibid., passim. 6 Pinkerton, ii. 39. 6 Protocol Book, June 1519— April 1528, in the Council Chambers, Edinburgh, fol. 1. 7 Bannatyne Miscel- lany, iii. 276. 8 Eeg. Mag. Sig. 9 Exch. Rolls, v. preface, Ixviii, Ixix, and note ibid. 10 Douglas Book, ii. 43. n Acta Dom. Cone., xviii. pt. ii. 30 ; History of the Family of Seton, by George Seton, i. 108, 112. Mr. Seton's numbering of the Lords Seton is incorrect. 12 Ibid., Ill ; Acta Dom. Cone. 13 Maitland's History of the House of Seytoun, Maitland Club 1829, 38. 14 Black barony Writs ; Seton's Family of Seton, i. 116. 15 Ibid. HEPBURN, EARL OF BOTHWELL 153 sail best pies the said Erie Bothville.' 1 His choice fell upon the Lady Margaret.2 He was bound by his indenture to con- tract the bonds of spousage before 20 April 1491, and to com- plete the marriage in the face of Holy Church ' thaireaftir als hastely as it may be upone law.' He had by her :— 1. ADAM HEPBURNE, who succeeded as second Earl of Bothwell ; of him after. 2. Patrick Hepburne, who was probably born circa 1494. On 27 May 1515 he was designate tutor-lawful and heir of Patrick, Earl of Bothwell, his nephew, and signed his name 4 Patrick, Master of Hailes.' 3 Patrick, (third) Earl of Bothwell, was designate his brother's son on 7 July 1542.4 He is frequently styled ' of Boltoun,' as he held a part of that barony, which his father had also held in ward as part of the forfeited possessions of umquhile Archibald, Lord Haliburtoun,5 and he had acquired fresh rights to the lands from Alexander, Master of Home.6 In September 1516 he was acting as Sheriff of Hadding- tonshire.7 On 16 February 1516-17 he is mentioned as Admiral-Depute.8 In June 1526 he harboured certain rebels in his tower of Boltoun, which was burnt by the force sent by King James v. to take them.9 On 6 April 1529 he had a remission for treasonable assistance given to the Homes.10 On 12 September 1541 he was Sheriff of Berwick for the time.11 He died 31 October 1576. His testa- ment was confirmed 23 October 1577.12 He married first, Dame Nicholas Home, Lady Herries, daughter of Alexander, (second) Lord Home, and Nicholas Ker, and relict of Andrew, (second) Lord Herries ; 13 and secondly, Katherine Fleming, who sur- vived him.14 By his first wife 1S he had issue :— 1 Original contract at Gordon Castle, Spalding Club Misc., iv. 136. 2 Acta Dom. Cone., xiv. 59. 3 Twelfth Rep. Hist. MSS. Com., Appendix, pt. viii., MSS. of the Earl of Home, 128. 4 Acts and Decreets, i. 33. 6 Acta Dom. Cone., 340, 26 June 1594. 6 Mss. of the Earl of Home, supra tit., 149. 7 Acta Dom. Cone., xxviii. 32. 8 Ibid., xxix. 4. 9 Acta Part. Scot., ii. 307a, 432a. 10 Pitcairn's Criminal Trials, Edinburgh, 1833, i. pt. i. 243. 11 Acta Dom. Cone., xvi. 143. 12 Edin. Tests. 13 Acta Dom. Cone., xxvii. 157, 24 January 1515-16, xxxvii. 29; Laing Charters, No. 499 ; Acts and Decreets, i. 33, 7 July 1542. 14 Testament, ut supra. 16 Acts and Decreets, i. 33, 7 July 1542. 154 HEPBURN, EARL OF BOTHWELL 1) Patrick Hepburne, of whom after. 2) Jean Hepburne, who was married to John Hay of Talla. Patrick, Earl of Bothwell, on 31 May 1547 granted to her and her husband the non-entry of the lands of Birkinsyde, co. Berwick, and Fairnington, co. Roxburgh, fallen to him by the decease of umquhile Patrick Hepburne, her brother.1 She died in the month of February 1575. 2 Patrick Hepburne was usually styled of Fairnington, but occasionally of Birkinsyde.3 He was appointed Sheriff of Lothian within the Constabulary of Haddington, and licensed to hold any other office, in August 1531, although not yet of lawful age.4 He died after 19 December 1541,6 and before January 1547-48. 6 He married Agnes Hoppringle, daughter of George Hop- pringle of St. John's Chapel, by Elizabeth Ker.7 By her he had an only daughter, Marie (or Marioun) Hepburne, who is also called (in deeds of date posterior to her death) Margaret and Manie. She was married, contract dated 14 September 1551, being therein designate 'dochter and air to umquhile Patrick Hepburne of Phairnyngtoun, and nece (i.e. granddaughter) to Patrick Hepburne of Boltoun,' to James Hamilton of Sprouston and St. John's Chapel, brother to John, Archbishop of St. Andrews.8 She died in the month of July 1571. Her testament was confirmed 27 February 1575-76.9 3. William Hepburne of Rollandstoun was designate paternal uncle of Patrick, (third) Earl of Bothwell, on 13 March 1538.10 He was dead before 25 March 1558.11 He married Marioun Maxwell, by whom 12 he had : — (1) James Hepburne, his successor, of whom after. (2) Janet (also called Jayne) Hepburne, who was married to George Hepburne of Pannywell, Barony of Spott, co. Had- dington.13 James Hepburne, burgess of Perth, first designate of Rol- 1 Reg. of Deeds, xxv. 10, 16 June 1586. Robert, son and heir of Patrick Hepburne of Birkinsyde, and James Hepburne his eldest son and apparent heir, appear in Acts and Decreets, cxxxviii. 321, 9 December 1592 ; but their connection, if any, with this family, does not appear. 2 Edin. Tests., 5 February 1576-77. 3 Acts and Decreets, xxvi. 114, 18 March 1562-63. 4 Reg. Sec. Sig., ix. 32. 5 Ada Dom. Cone, et Sess., xvii. 70. 6 Ibid., xxiv. 98, etc. 7 Acta Dom. Cone, et Sess., xxiv. 98, 15 January 1547-48; 115, 6 February 1547-48 ; 151, 17 March 1547-48 ; xxvii. 5, 14 September 1551. 8 Acta Dom. Cone, et Sess., xxvii. 5. 9 Edin. Tests. 10 Reg. Mag. Sig. n Banna- tyne Misc., iii. 293. 12 Reg. Mag. Sig., 12 August 1569. 13 Retour of Patrick Hepburne her son, dated 25 May 1596, Sheriff Court Records, Perth ;— Decreets, Commissariot of Edinburgh, 29 January 1570. Anna- bella Hepburne, spouse of George Soutar, son to John Soutar, alias Johnstoun, in Banchrie (Reg. Mag. Sig. , 8 December 1586), may perhaps have been another daughter. HEPBURN, EARL OF BOTHWELL 155 lanstoun, afterwards of Furde (or Foord), and finally of Magdalens in the lordship of Charterhouse, Perthshire, had with his spouse on 12 August 1569 charter of part of the lands of Rollanstoun, co. Berwick, which formerly per- tained to Mr. William Hepburne of Rollanstoun and Marioun Maxwell his spouse, father and mother of the said James.1 He died s.p.m. 15 April 1596. His testament was confirmed 20 July 1596. 2 Patrick Hepburne, his sister's son, was served heir to him 25 May 1596.3 He married Jonet Oliphant, daughter of John Oliphant, burgess of Perth, son of John, Lord Oliphant,4 and relict of Andrew Moncrieff, burgess of Perth.6 4. John Hepburne, Bishop of Brechin. Died 1558. Keith. states that this Bishop was descended of the family of Bothwell.6 In Douglas's Peerage he is inserted here, and it is added that he was consecrated in 1517. But several charters in the Register of the Great Seal, the Laing Charters, and the Southesk Charters cited in the THegistrum Episcopatus Brechinensis, Bannatyne Club, Aberdeen, 1856, preface, p. xii, give each a different year for that of his consecration. On the whole it seems probable that he became Bishop in 1521 or 1522. It has been stated that the name of George Hep- burne occurs in some records, under date 1510 and 1519, as another son of Patrick, first Earl of Both- well ; but this lacks confirmation. 5. Margaret Hepburne, who was married, contract dated 26 June 1509, to Archibald Douglas (son of George, Master of Angus), who afterwards succeeded as sixth Earl of Angus. The contract of marriage is preserved in the Buccleuch charter-chest. John, Prior of St. Andrews, George, Abbot of Aberbrothok, Adam Hepburne of the Oraggis, and Mr. George Hepburne, Dean of Dunkeld, were parties on behalf of Adam, Earl of Bothwell, brother of the bride.7 She died in 1513, it is said, in childbed, leaving no surviving issue.8 There is in the Lyon Office a certificate of arms dated 1 May 1779, in which it is stated that Margaret Hepburne, wife of John Murray of Falahill, heredi- 1 Reg. Mag. Sig. 2 Edin. Tests. 3 Sheriff Court Records, Perth. 4 Ibid., 1 August 1573. 5 Reg. of Deeds, xv. 217b. 6 Catalogue, p. 97. 7 Scotts of Buccleuch, ii. 117. 8 Douglas Book, ii. 177. 156 HEPBURN, EARL OP BOTHWELL tary Sheriff of Selkirkshire, was daughter of Patrick, first Earl of Bothwell. The lady in question seems to have been previously married to John Oockburn, younger of Ormiston, who died in or before 1512.1 III. ADAM HEPBURNE, born circa 1492, succeeded as second Earl of Bothwell on 18 October 1508. He was served heir to his father in the lordship of Liddesdale on 7 November following.2 On 4 May 1509 he petitioned the Lords of Council for the appointment of curators, and accordingly John, Prior of St. Andrews, and Sir Adam Hepburne of Oraggis were nominated.3 On 27 August 1511 he had a Grown charter of grant and confirmation of vast estates in the shires of Edinburgh, Berwick, Rox- burgh, Dumfries, Kirkcudbright, and Lanark, and of the offices of Sheriff of Edinburgh, and of Edinburgh within the Constabulary of Haddington, and of Berwick ; Bailie of Lauderdale, and Admiral of Scotland; all which had been held by his father.4 On the day following the King granted the barony and Castle of Orichton and others, on the resignation of Adam, Earl of Bothwell, to Agnes Stewart, (daughter of the deceased James, Earl of Buchan),5 whom he married, doubtless immediately afterwards. On 14 November 1512 a charter of the same date granted by Adam, Earl of Bothwell, with consent of his curators, was confirmed.6 He was killed at the battle of Flodden, 9 September 1513, having distinguished himself in command of the reserve during the action.7 Agnes Stewart was natural daughter of James, Earl of Buchan, who was second son of Sir James Stewart, the Black Knight of Lorn, by Queen Joan, widow of King James I.,8 and thus uterine brother of King James n. She had before her marriage borne to King James IT. a daughter named Janet Stewart, who was married (contract penult February 1523) to Malcolm (third) Lord Fleming.9 The spouses had a charter dated 28 October 1527, wherein she is designate sister of the King (i.e. of King James v.).10 Agnes, Countess of Bothwell, was married, secondly, on 1 Vide Exch. Rolls, xiii. 663. 2 Original Retour quoted in Scotts of Buccleuch, ii. 111. 3 Acta Dom. Cone., xx. 182. 4 Reg. Mag. Sig. 5 Ibid. 6 Ibid. 7 Pinkerton, ii. 104-105. 8 Exch. Rolls, v. Hi. 9 Analecta Scot., 2nd series, ii. 50. 10 Reg. Mag. Sig. HEPBURN, EARL OP BOTHWELL 157 3 June 1514, to Alexander (third) Lord Home, Great Cham- berlain of Scotland,1 who was executed for treason on 8 October 1516.2 She was married, thirdly, between 4th December 1520 3 and the date of a document preserved in the library of the Society of Antiquaries of Scotland (of which the year 1526 is entered, but not the day or month of execution), to Robert (fourth) Lord Maxwell. The deed is a gift of certain lands to him and Agnes, Countess of Bothwell, his spouse. Lord Maxwell died in the year 1546.4 She was married, fourthly, before 13 December 1549, to Cuthbert Ramsay,5 brother-german to George Ramsay of Dalhousie,6 who is designate Captain of Orichton,7 and styled burgess of Edinburgh in the testament of Jonet Fleming his relict spouse, confirmed 3 October 1570.8 Agnes Stewart, Countess of Bothwell, bastard, natural daughter of the deceased James, Earl of Buchan, obtained letters of legitimation from Queen Mary on 31 October 1552.9 She died in the month of February 1557. After her death the Queen, notwithstanding the legitimation, made a gift to James, Earl of Bothwell (the Countess's grandson), of the escheat of her goods moveable and immoveable, by reason of her having been born and died bastard; and Cuthbert Ramsay brought an action against the Earl in consequence.10 The widower was long at feud with his late wife's son and grandson. Earl Patrick on one occa- sion seized him when on his way to Stirling to visit Mary of Lorraine the Queen-Dowager, and imprisoned him in Crichton Castle.11 Adam, second Earl of Bothwell, had by Agnes Stewart his wife, an only son, IV. PATRICK HEPBURNE, who was an infant about a year old when he succeeded as third Earl of Bothwell on 9 September 1513. He appears to have been under the 1 Laing Charters, No. 301. 2 Leslie's Hist, of Scot. ed. Scot. Text Soc., ii. bk. ix. cap. cv. 165. 3 Laing Charters, No. 325. 4 MS. Inquis. Retorn. Reg., H.M. Reg. Ho., i. 167. 6 Acts and Decreets, iii. 223. ° Ibid., xiv. 394. 7 Commission by Agnes, Countess of Bothwell, 12th March 1553, Protocol Book of Thomas Steven, N.P., Haddington, Bannatyne Misc. ii,i. 416. 8 Edin. Tests. 9 Reg. Mag. Sig. 10 Acts and Decreets, xiv. 282, 8th April 1557, and 395, 27th April 1557. n Ibid., xv. 88, 3 June 1557. 158 HEPBURN, EARL OF BOTHWELL tutory of Patrick, Master of Hailes, in May 1515, 1 but on 26 February 1525-26 Patrick Hepburne, Prior of St. Andrews (afterwards Bishop of Moray), was his tutor.2 He had a charter dated 28 January 1528-29 of the lordship and Castle of Tantallon, in the King's hands by reason of the forfeiture of Archibald, Earl of Angus.3 Some months afterwards he was committed to ward in the Castle of Edinburgh,4 where he remained till about the end of the year 1529. On 26 April 1531 he was appointed a Lord of the Articles.5 In December of that year he entered into treasonable correspondence with Henry vni., which being discovered he was again imprisoned in Edinburgh Castle; and he was still in confinement in July 1533 .e In September 1538 King James v. compelled him to resign the lordship of Liddesdale, which, with Hermitage Castle,7 was annexed to the Crown on 10 December 1540.8 At the same time the Earl was banished the kingdom.9 He appears to have returned soon after the death of James v. on 14 December 1542, and on 13 March 1542-43 he began proceedings which resulted in his regaining possession of the lordship of Liddesdale.10 He seems at this time to have been in the French interest,11 possibly with a view to furthering his suit for the hand of Mary of Lorraine, the Queen-Dowager, who, he wrote on 1 April 1549, 'promest faithfullie, be hir hand writ, at tua sindre tymis, to tak the said Erie in mariage.'12 It was doubtless in the hope of this alliance that he procured a divorce from Agnes Sinclair, his spouse, before 16 October 1543 ; but his expectation was disap- pointed, and he again intrigued with the English, traitor- ously corresponded with the Earl of Hertford during the invasion of Scotland in 1544, and was summoned for treason in Parliament in November of that year,13 but had a remis- sion, with consent of the Estates, on 12 December there- after.14 One of the crimes charged against him was the acceptance of great gifts and sums of money from Henry vni. He may have been the more easily tempted by bribes 1 Mss. of the Earl of Home, supra cit. 2 Caledonia, ii. 447, quoting Cottonian MSS., B.M. ' Caligula,' vii. 30. 3 Reg. Mag. Sig. 4 Leslie's History, vol. ii. Book ix. cap. cv. 219. 6 Acta Parl. Scot., ii. 333. 6 Pinkerton, ii. 312, 321. 7 Ibid., 353. 8 Acta Parl. Scot. , ii. 361. 9 Pit- scottie, ed. 1814, ii. 358. 10 Acta Parl. Scot., ii. 424*. " State Papers and Letters of Sir Ralph Sadler, i. 170. 12 Bannatyne Misc., iii. 414. 13 Acta Parl. Scot., ii. 447-449. 14 Ibid., 451. HEPBURN, EARL OF BOTHWELL 159 that he was heavily in debt ; the Register of the Great Seal about this time contains charters of apprising of several of his estates granted to his creditors.1 He again underwent a term of detention as a state prisoner, and was only released after the battle of Pinkie,2 which took place on 10 September 1547. He was subsequently deprived of his Castle of Hailes, which was committed by Arran, the governor, to the keeping of John, Lord Borthwick, on 28 February 1547-48.3 After this Earl Patrick renounced his allegiance and adhered to England,4 and on 3 September 1549, in consideration of his having acknowledged his duty to King Edward vi. as his natural sovereign lord and king, the latter formally took him under his protection.5 On 23 May 1550 the Queen-Dowager, Governor, and Council once more gave order that he should be prosecuted for treason ; but he appears to have been afterwards rehabili- tated, as he died at Dumfries in September 1556, 'Lieu- tenant in the honourable service of the realm.'6 He married in 1533 or 1534 7 Agnes Sinclair, who is designate daughter to Dame Margaret, Lady Sinclair.8 Dame Margaret was the wife of Henry, first Lord Sinclair, and seems to have been daughter of Adam, Master of Hailes. If this parentage is correct it was doubtless by putting forward the near relationship (if no dispensation had been obtained) that Earl Patrick procured the divorce from her which was decreed before 16 October 1543.9 At the time of or after the divorce, he gave her a charter of the lands of Morham under reversion of 3000 marks.10 On 8 November 1543 she granted a reversion of the said lands, wherein she styles herself 'dochter to umquhile Margaret, Lady Sinclare.' The lands were to be redeem- able on her re-marriage or death.11 It does not appear 1 Cf. Bannatyne Misc., iii. 305. 2 Leslie's History, ii. bk. x. p. 301; —Somerset's Expedition into Scotland, printed in [Dalyell's] Fragments of Scottish History, 81. 3 Keith's History of the Affairs of Church and State in Scotland, i. Appendix, 56. 4 Letters, etc., in the Bannatyne Misc., iii. 409 et seq. 6 Ibid. ; Fcedera, vol. vi. pt. iii. p. 173. 6 Acts and Decreets, Ixxix. 204, 22 March 1579-80 ; Rent, on the Hist, of Scotland, by Sir D. Dalrymple, 1773, 173, 175. * Bannatyne Misc., iii. 278. 8 Acts and Decreets, xv. 84, 3 June 1557. 9 The Hamilton Papers, ii. 110. 10 Precept for ch. of confn. of this and two other charters granted by him in her favour seems to be in Reg. Sec. Sig. xxvii. 14, 13 March 1553. n Charter from the Newhailes Muniments, Bannatyne Misc., iii. 284. 160 HEPBURN, EARL OF BOTHWELL that the lands were ever redeemed, and they seem to have descended to Jane, Mistress of Botliwell.1 Agnes, Countess of Bothwell, was frequently styled ' the lady of Morham ' for the rest of her life.2 She died in 1572, having made a will on 21 March in that year, which was con- firmed on 22 February 1574-75.3 Patrick, third Earl of Bothwell, had by her4 one son and one daughter : — 1. JAMES HEPBURNE, who succeeded as fourth Earl of Bothwell ; of him after. 2. Jane Hepburne (also called Joanna and Janet), fre- quently styled Mistress of Bothwell. On 24 July 1556 this lady was handfasted to Robert Lauder, younger of the Bass, in presence of Sir Walter Robertson, vicar of Aberdour.5 Robert Lauder be- came bound by contract of marriage, dated 12 August 1556, under penalty of £4000 Scots, to com- plete the bond of matrimony in face of Holy Church before Michaelmas next thereafter, which, however, he failed to do ; an inhibition to the recording of the contract, dated 10, was registered 12 September 1556,6 and accordingly the Mistress of Bothwell brought an action for the amount of forfeit, which was heard 20 December 1558. She is designate in the record lawful daughter to umquhile Patrick, Earl Bothwell, and James, Earl Bothwell, is styled her brother-german.7 She was three times married : — First, on 28 December 1561, 8 to John Stewart, Com- mendator of Coldingham, a natural son of King James v.,9 by Katherine Carmichael, daughter of Sir John Carmichael, captain of Crawford Castle, and afterwards married to Sir John Somerville of Cambusnethan.10 He was styled by courtesy *Lord John,' until created Lord Darnley, before 7 February 1562-63.11 He died in October 1563.12 Francis Stewart, 1 Reg. of Deeds, vol. xx. pt. ii. 393, 9 March 1581. 2 E.g. in Acta Doin. Cone, et Sess. xxxviii. 286. 3 Edin. Tests. 4 Precept of Sasine 1 December 1564, in Smeaton Charter-Chest, Bannatyne Misc., iii. 302. 5 Carte Monialium de North Berwic, Appendix, 72. 6 Reg. of Deeds, i. 440. 7 Acts and Decreets, xviii. 376. 8 Scottish Kings, by Sir Archibald Dunbar, Bart., 239. 9 Reg. of Privy Council, xiv. 272. 10 Memorie of the Somervilles, i. 373-386. n Reg. of Deeds, vol. vi. pt. ii. 12. 12 Acts and Decreets, xxxvi. 104. HEPBURN, EARL OF BOTHWELL 161 the eldest son of this marriage, was created Earl of Both well by King James vi. in consideration of his extraction on the mother's side. His charter of the comitatus was dated 16 June 1581. l Jane Hepburne was married Secondly, between 10 December 15652 and 16 January 1566-67, to John Sinclair, Master of Caithness, eldest son of George, (fourth) Earl of Caithness,3 who died about 1577-78.4 His widow was married Thirdly, to Mr. Archibald Douglas, rector of Douglas, one of the Senators of the College of Justice,5 who was brother to William Douglas of Whittinghame,6 a cadet of the house of Morton. Earl Patrick left an only natural daughter, named Margaret Hepburne, who was under age at his death in September 1556. He left to her by his latter will, made at Dumfries, the profits of the marriage of Walter Scott, son and heir of umquhile Sir William Scott of Kirkurd, of which he had a gift from Queen Mary.7 Margaret Hepburne seems to have been married in or before April 1585, to Mr. James Durhame, silversmith to King James vi.,8 who is elsewhere designate ' of Duntarvy.' 9 He was son of Alex- ander Durhame, also silversmith to the King,10 and was Comptroller Depute and Clerk of Expenses in the Royal Household in 1588.11 V. JAMES HEPBURNE (afterwards fourth Earl of Bothwell, and created Duke of Orkney) was probably born in or before 1535. He seems to have been of age at his father's death. There is no mention of any dispensation on account of nonage when he had sasine of the earldom of Bothwell, etc., on 9 November 1556.12 He was undoubtedly of age on 17 March 1557-58, as on that date he entered into a contract without the consent of curators.13 He is said to have been brought up at Spynie Castle, the residence of his kinsman, 1 Reg. Mag. Sig. 2 Acts and Decreets, xxxvi. 104. 3 Ibid., xxxviii. 296. 4 Orig. Parochiales, ii. 811 ; Professor Schiern's Life of the Earl of Bothwell, Berry's ed. 1880, App. , 408, gives date 1573, but without authority. 5 Reg. Privy Council, iii. 371. 6 Ibid., i, 437. 7 Acts and Decreets, Ixxvi. 42, 1 May 1579, and Ixxix. 204, 22 March 1579. 8 Reg. Sec. Sig., liii. 80, 29 November 1585. 9 Reg. Mag. Sig., 15 August 1588. 10 Eocch. Rolls, xxi. 548. » Ibid., 366. 12 Ibid., xviii. 609. 13 Reg. of Deeds, ii. 420. VOL. II. L 162 HEPBURN, EARL OF BOTHWELL Patrick, Bishop of Moray,1 perhaps in consequence of his father's divorce, banishment, and frequent imprisonments. The Bishop's notoriously irregular life must have been of bad example to the youth.2 He succeeded his father in the month of September 1556, and was served heir to him on 3 November following.3 On 12 November he took the oaths de fideli administratione as Hereditary Sheriff of Edinburgh and of Berwick, Bailie of Lauderdale, and Great Admiral of Scotland/ On 25 March 1558 Earl James executed a charter entailing the earldom of Bothwell, his baronies, and his heritable offices, on his well-beloved cousin William Hep- burne, brother-german of Patrick Hepburne of Wauchtoun, and the heirs-male of his body, and the following substi- tutes : 1. Alexander Hepburne of Whitsome ; 2. Patrick Hepburne of Kirklandhill ; 3. James Hepburne, son and heir of umquhile William Hepburne of Rollanstoun ; 4. Henry Hepburne of Fortoun; and the heirs-male of their bodies respectively : reserving his own liferent of the same. Sasine to William Hepburne followed on 28 March 1558; and on the same date he executed a charter of reversion of the whole, on payment of a nominal sum by the Earl or his heirs-male.5 This William was afterwards designate of Gilmerton, and sometimes of Orashaws or Oracho.6 He married, contract dated 24 January 1561, Margaret Home, daughter of George Home of Broxmouth,7 and was by her ancestor of the family of Hepburne of Newton of Whitsome. This is a very incomprehensible transaction. It seems possible that Earl James's object may have been to prefer another to his probable successor James Hepburne (after- wards of Rollanstoun), a peaceful burgess of Perth, with whom he perhaps had small sympathy. But the prescribed line of succession seems entirely arbitrary and capricious ; and there is no trace of any attempt to get the charter confirmed by royal authority, without which it would have been of no effect. At the date of the charter the next heir to the honours 1 Buchanan's De Maria Scotorum Regina, ed. 1571, 54. 2 Knox's Hist, of the Reformation, Laing's ed., 1856, i. 41. 3 Acts and Decreets, xlii. 56. 4 Acta Dom. Cone, et Sess., xxix. 32. 5 Original doc. from the Newhailes Charter-chest, Bannatyne Misc., iii. 293 et seq. 6 Deed in the Elibank Charter-chest. 7 Reg. of Deeds, v. 2, HEPBURN, EARL OF BOTHWELL 163 was Patrick Hepburne of Bolton, grand-uncle of the granter, who is passed over altogether, perhaps as being then about 64, and without surviving male issue. Next to him in the line of succession seems to have been James Hepburne, the third substitute, who was eldest son of a grand-uncle of the granter. Alexander Hepburne of Whitsome, the first substi- tute, was, as shown above, the heir-male of a great-great- great-grand-uncle of the granter, but he may have been next in succession to James Hepburne the third substitute. On the other hand, William Hepburne the grantee was no relation to Earl James on his father's side so far as is known ; but his mother, Helen Hepburne,1 was daughter of Sir Adam Hepburne of Oraggis, great-grand-uncle of the granter. Again, Patrick Hepburne of Kirklandhill, the second substitute, who was son and heir of John Hepburne, first of Kirklandhill^ (brother of Sir Patrick Hepburne of Waughton, the husband of Helen), and thus first cousin of the grantee,2 seems to have been no relation whatever of Earl James. But it is possible that consanguinity, corre- sponding to that alleged in 1510 (vide supra) to exist be- tween Patrick Hepburne of Waughton and Helen Hepburne his intended spouse, may have been traceable between the Waughton family and Earl James. On 26 April 1559 it was alleged, in the course of an action at law, that the Earl of Bothwell was ' quyetlie marreit or handfast' to Jonet Betoun, widow of Sir Walter Scott of Buccleuch ; and the Lords admitted the statement.3 This connection does not seem to have lasted long. In Decem- ber 1559 Mary of Lorraine, the Queen Regent, gave the Earl command of a body of French auxiliaries,4 and six months afterwards she sent him on a mission to the Court of France.5 He travelled thither via Denmark.6 While at Copenhagen, he is said to have plighted his troth to Anna Throndsson (daughter of Christopher Throndsson, a Nor- wegian nobleman, Admiral in the service of Denmark), whom he promised in writing to marry. This lady accom- panied him to the Netherlands, where, according to her 1 Vide supra ; Reg. Mag. Sig., 22 February 1527-28 ; Reg. of Deeds, v. 339, contract dated 20 October 1562. 2 Nisbet, Heraldry, i. 163 ; Reg. Sec. Sig., vii. 69. 3 Acts and Decreets, xix. 346. 4 Papers and Letters of Sir Ralph Sadler, i. 667. 5 Letter from the Earl of Bothwell to the Queen Regent, dated at Crichton, 15 May 1560, H.M. Gen. Keg. Ho. 6 Cal. of State Papers, Foreign, 1560-1561, 293. 164 HEPBURN, EARL OF BOTHWELL account, he deserted her, after she had pledged and spent clothes, valuables, and other property for the use of his people.1 She was afterwards in Scotland, and on 17 Febru- ary 1562-63 had a permit to reside in or quit the kingdom at her pleasure.2 She was alive in 1607.3 While in France in 1560 the Earl was made gentilhomme de la chambre to King Francis n. He returned to Scotland when Queen Mary finally left France in August 1561. In the spring of 1562 he was accused of participation in a treasonable con- spiracy, and was immured in Edinburgh Castle, but escaped from custody on 28 August. He took ship some months later for France, where he received an appointment in the Scottish Guard. On venturing back to Scotland after an absence of two years, he was again summoned to stand his trial, and once more took refuge in France, where he re- mained until recalled by the Queen after the banishment of her half-brother James, Earl of Moray. He landed on 17 September 1565, was restored to his former offices, and married soon afterwards.4 He was thenceforth in great and increasing favour with Queen Mary. The murder of the King Consort, in which the Earl was the principal actor, took place on 10 February 1566-67, and after a time the Earl of Lennox represented to the Queen that he sus- pected Earl Bothwell, who accordingly was sent before an assize, charged with the murder, on 12 April 1567 ; but the trial was collusive. No evidence was adduced ; and the jury caused the fact to be entered on the record as the reason for their verdict of acquittal, which it necessarily entailed.5 On 19 April a former appointment of the Earl as hereditary captain of the Castle of Dunbar, and a grant to him of certain lands, were confirmed in Parliament,6 and on the evening of that day the project for his marriage to the Queen was first publicly mooted.7 On 24 April he carried her off to Dunbar.8 His legal separation from his wife quickly followed. On 12 May the Earl of Both- well was created DUKE OF ORKNEY,9 and his marriage 1 Schiern's Life, 55-56 ; Les Affaires du Comte de Boduel, Bannatyne Club, 1829, App. p. xxxix. 2 P. C. Reg., xiv. 211-212. 3 Schiern's Life, 323 n. * Ibid., 20, 24, 30, 32, 34-38, 49, 50, 59. 6 Hill Burton's Hist, of Scotland, ed. 1873, iv. 211. 6 Acta Parl. Scot., ii. 550. 7 Schiern's Life, 230. 8 Birrell's Diary, 8, 9. 9 Diurnal of Occurrents, 111. The diarist gives the ducal title as ' Orkney and Shetland.' Douglas states (Peerage, \. 231) that the title of Marquis of Fife was conferred at the same time ; but he gives no authority. HEPBURN, EARL OF BOTHWELL 165 to the Queen took place on May 15.1 But a hostile con- federation of nobles had been formed against which he could not make head; and after having, according to Du Croc the French Ambassador, displayed at Oarbery Hill the qualities of a great captain in his preparations for the conflict he expected,2 he there parted for ever from his bride on 15 June 1567. Shortly afterwards he found his way to Shetland, and setting sail thence was driven by a storm on to the coast of Norway, where he was arrested, and detained as a state prisoner. He remained in confine- ment until his death, which took place on 14 April 1578 at Dragsholm Castle in Zealand.3 On 20 December 1567 he was forfeited by the Scottish Parliament, and condemned to lose arms, honours, offices and dignities, and to underlie the pain of treason.4 He married, contract dated 9 February 1565-66, the Lady Jane Gordon, daughter of the then deceased George, (fourth) Earl of Huntly, and sister of George, (fifth) Earl of Huntly. The latter, with Dame Elizabeth Keith, Countess of Huntly, his mother, was a party to the contract, which was passed with advice and express counsel of Queen Mary.5 The parties were related to each other within the degrees of consanguinity prohibited by the canon law, Earl James being fourth in descent from George, second Earl of Huntly, through Lady Margaret Gordon, wife of Patrick, first Earl of Both well (vide supra), while the bride was fourth in descent from the same Earl George in the male line, and also through her mother.6 Accordingly a dispensation for the marriage notwithstanding this impediment was granted by John, Archbishop of St. Andrews, dated 17 February 1565-66.7 The marriage took place on 24 February 1565-66.8 On 26 April 1567, a week after the Earl of Bothwell's project of marrying the Queen had been made public, and two days after he carried her off to Dunbar, a suit was begun in the Commissariot Court of Edinburgh, at the 1 Schiern's Life, 255. 2 Schiern, citing Teulet, 279. 3 Ibid., 287, 380, 385. 4 Acta Part. Scot., iii. 5-10. 5 Reg. of Deeds, viii. 232, 12 February 1565-66. 6 Original document, dated 21 February 1565-66, at Hamilton Palace, printed in Tytler's Enquiry into the Evidence against Mary Queen of Scots, 4th ed., ii. App. No. iv. 7 Original at Dunrobin, printed with facsimile in Fraser's Sutherland Book, iii. 131 ; vide also A lost chapter in the Hist, of Mary Queen of Scots recovered, by John Stuart, LL.D., Edinburgh, 1874, p. 5. 8 Canongate Marriage Reg. 166 HEPBURN, EARL OF BOTHWELL instance of Lady Jane Gordon, his spouse, for the disso- lution of their marriage, on the ground of his adultery with one of her maidservants ; and proof having been led, the Court pronounced sentence of divorce on 3 May.1 On 27 April a suit was instituted on the part of the Earl before the Court of the Archbishop of St. Andrews for a declaration of nullity of marriage ; the dispensation which legalised the union was withheld ; and on 7 May sentence was given that the marriage was and had been null from the beginning in respect of the contingence in blood of the parties, ' which hindered their lawful marriage without a dispensation obtained of befoir.'2 Lady Jane Gordon was married Secondly, at Strathbogie, on 13 December 1573, to Alex- ander, (eleventh) Earl of Sutherland, who died on 6 December 1594.3 The widow was married Thirdly, contract dated at Elgin 10 December 1599, to Alexander Ogilvie of Boyne,4 who did not survive the marriage many years.5 She died at Dunrobin 14 May 1629 in her eighty-fourth year, and was buried in the Cathedral Church of Dornoch.6 It has been alleged that a lady, who had apparently gone through some form of marriage with Earl James, and had, like Anna Throndsson, been deserted by him, was living in France in 1567. 7 The newly-created Duke of Orkney married, secondly, at Holyrood on 15 May 1567, as her third husband, MARY QUEEN OF SCOTS. The ceremony was performed by Adam Bothwell, the Protestant Bishop of Orkney.8 The contract of marriage was signed and registered on the previous day.9 This union was only dissolved by the death of the forfeited Duke ; but on 21 October 1568 the Queen expressed her willingness ' that the lawis be usit ' for obtaining a separa- tion ; 10 and in May 1569 she executed a mandate for the 1 Abstract of Process in Nau's Hist, of Mary Stuart, by Claude Nau, clxiii. ; Cal. of State Papers, Foreign, 1566-1568, No. 1173. 2 Robertson's Hist, of Scotland, 1821, iii. App. No. xx. 318. 3 Gordon's Genealogical Hist, of the Earldom of Sutherland, 168, 233. 4 Gordonston Writs cited by Stuart, A lost chapter, etc., 54. 5 Genealogical Hist. , etc., 168. 6 Ibid., 409. 7 Misc. of Scot. Hist. Society, ii.169. 8 Schiern's Life, 255-256. 9 Eeg. of Deeds, ix. 86. 10 Articles and Instructions to John, Bishop of Ross, and others, printed in An Examination of the Letters said to be written by Mary Queen of Scots to James, Earl of Bothwell, by Walter Goodall, Edinburgh, 1754, ii. App. 350. HEPBURN, EARL OF BOTHWELL 167 bringing of an action against him in her name for divorce.1 He, on his part, signed a similar mandate in the same year.2 In each of these documents the name of the mandatory is left blank. James, Duke of Orkney, had no legitimate issue born to him. On 18 July 1567 Sir Nicholas Throckmorton reported to Queen Elizabeth that he had received a message from Queen Mary, then detained at Lochleven, to the effect that she believed herself to be seven weeks gone with child;3 and Queen Mary's secretary testifies that she miscarried of twins before 25 July.4 The Duke left one natural son, named William Hepburne. Agnes Sinclair, Countess of Bothwell, was on 26 December 1571 bound over to have no communication with this William, her illegitimate grandson, 'nor nane others of the King's rebels.'5 She left to him, by will dated 21 March 1572, the whole balance of her estate after the payment of her debts.6 CREATION.— Earl of Bothwell 17 October 1488 ; Duke of Orkney 12 May 1567. ARMS. — These are given by Nisbet as Quarterly, 1st and 4th, Or, a bend azure, for Vaus of Dirleton; 2nd and 3rd, Gules, on a chevron argent two lions pulling at a rose of the first, for Hepburn. The Duke of Orkney bore : — 1st, Hepburn as above ; 2nd, Azure, a ship or, sails furled argent, within a double tressure flory counterflory of the second, for Orkney ; 3rd, Ermine, three chevronels gules, for Lord Soulis ; 4th, Vaus as above. CREST. — A horse's head and neck, bridled. SUPPORTERS. — Two lions guardant. [R. B. B.] 1 Boyd Papers, Abbotsford Club Misc., i. 23, 24. 2 Inventory of Boyd Writs, 1761, copied in vol. i. of the Genealogical Series of the MS. Collections of George Chalmers in the Advocates' Library, 19. 3 Addl. MSS. B.M., No. 4126, 90, original in the State Paper Office ; an abstract in Cal. of State Papers, Scottish, i. 252. 4 Nau's Hist, of Mary Stuart, 60, 61. 6 P. C. Reg., ii. 105. 6 Test., ut supra. STEWART, EARL OF BOTHWELL ORD JOHN STEWART, Prior of Coldingham, natural son of King James v. by Catherine, daughter of Sir John Carmichael, Captain of Crawford l (who afterwards married Sir John Somerville of Cambusnethan), was born about 1532, and was made Commendator of the Priory of Coldingham 1541. He obtained letters of legitimation under the Great Seal 7 February 1550-51,2 and in 1560 j oined the ranks of the Re- formers. He married, at Crichton Castle, 4 January 1561-62, Jean Hepburn, daughter of Patrick, third Earl of Bothwell, and ultimately heiress of her brother James Hepburn, Earl of Bothwell, Duke of Orkney, the third husband of Mary Queen of Scots. Shortly after his marriage he obtained a grant of part of the for- feited estates of Matthew, Earl of Lennox, and the title of LORD DARNLEY.3 As 'Dominus Dernlie' he obtained a grant of the lands of Ordinhuiffis, etc., 22 June 1563.4 He died at Inverness about October or November 1563. His tour, according to Godscroft, was ' to avoid the im- portunities of his wife, who wished him to assist Alexander Home of Manderston in robbing David Home of Wedder- burn of the teinds of Kelloe. She attempted it herself at 1 Fraser, The Lennox, i. 419. 2 Reg. Mag. Sig. 3 The Lennox, i; 420. 4 Reg. Mag. Sig. STEWART, EARL OF BOTHWELL 169 the head of her men, but was repulsed.1 He is by the same writer described as 4 a man of mild disposition, who culti- vated the greatest familiarity with all the nobles of the country, particularly with Home of Wedderburn.2 His wife, Jean Hepburn,3 had been contracted, 24 July 1556, to Robert Lauder, younger of the Bass, but the contract was annulled.4 She married, secondly, John, Master of Caithness, eldest son of George, fourth Earl of Oaithness,who died in 1573; and thirdly, Mr. Archibald Douglas, Rector of Douglas, one of the Senators of the College of Justice, brother of William Douglas of Whittinghame,5 who was out- lawed in 1581, when she, as Mistress of Caithness, Lady Morham, gets a ratification.6 He left issue, a son, by her :— 1. FRANCIS, his heir. He had also another son and a daughter. 2. Hercules Stewart, of Whitelaw, sometimes called 'frater' of Francis, Earl of Bothwell, but 26 February 1593-94 expressly called * brother natural.' ' He supported his brother, but was captured with another by 'Mr. John Colville and William Hume, who promised them their lives,' 8 and hanged, in spite of much popular sympathy, at the Market Place of Edinburgh, 18 February 1594-95.9 He married Mary, youngest daughter and co-heiress of Patrick Whitelaw of that Ilk (who was divorced in 1592, and married, secondly, William Home, the King's stabler) and had issue a daughter : — Margaret (restored 1633), served heir to her father 13 April 1636, married, 10 March 1619, in Ireland, to John Hamilton, son natural of Allan Hamilton of Ferguslie.10 A son John Stewart, son of the late Hercules Stewart sometime of Quhytlaw, is mentioned in 1622 in a dispute about teinds with William Craw of Falabank.11 3. Margaret Steivart, called ' daughter to the Abbot of Coldingham and brother-daughter to Robert, Earl of Orkney,' 12 married, first, before 1579, to William Sinclair 1 Godscrof t, MS. History of the Homes. 2 Ibid. 3 Bannatyne Miscel- lany, iii. 279. * Reg. of Deeds, i. 4406. 6 P. C. Reg., i. 437 ; iii. 371. 6 Acta Parl. Scot., iii. 268. 7 P. C. Reg., v. 132. 8 Letter, John Carey to Burghley ; Cal. Border Papers, ii. 17. 9 Birrell's Diary. 10 General Retours, No. 2217 ; P. C. Reg., xi. 640; xii. 761. " P. C. Reg., xii. 680, 701. la Information for James Sinclair of Scalloway, MS. Sheriff Clerk's Office, Lerwick. 170 STEWART, EARL OP BOTHWELL of Underhoull, son of Olave Sinclair of Brew, in Shetland ; secondly, William Bruce, first of Sym- bister. Her testament is recorded at Edinburgh 14 September 1608.1 FRANCIS STEWART, Earl of Bothwell, only son and heir, born 1563.2 He was godson of Queen Mary, who named him after Francis n. of France, her first husband.3 Queen Mary writes to Pope Pius v. recommending him for the then vacant Abbacy of Kelso, calling him 'noster ex fratre nepos ' on 15 May 1567, the day of her marriage to his uncle Bothwell.4 He obtained from Queen Mary charters of the Enzie, etc., March 1563-64, but on the forfeiture of Matthew, Earl of Lennox, having been reversed, Queen Mary in December 1564 made a grant to Francis, Lord Darnley, in liferent, and his mother in fee, of the lordship of Badenoch,6 and Fraser states that he ceased now to be Lord Darnley, and the title of Lord Badenoch was conferred upon him by Queen Mary.6 When in 1566 the lordship of Badenoch was restored to the Earl of Huntly, Queen Mary granted to Francis Stewart the Oommendatorship of Oulross and a portion of the Earl of Morton's forfeited rents of Aberdour and Dalkeith.7 By her will, dated at Sheffield 7 February 1577-78, Queen Mary begged her son to bestow the Bothwell estates upon her nephew Francis Stuart,8 and as Oommendator of Kelso, under the Great Seal 16 June 1581, he received from his cousin King James vi. a grant of the lordship of Bothwell, to himself and his heirs- male, of new to be incorporated in liberum comitatum et baroniam de Boithuill, after which he is always styled EARL OF BOTHWELL.9 He was in 1586 one of the com- missioners to treat with England, and in 1589,10 with the Duke of Lennox, Joint Governor of the realm. He fell into disfavour, was accused of witchcraft, and imprisoned 15 April 1591, escaped on the 21 June, and on the 25 was forfeited.11 He attempted, on 27 December 1591, to seize the King at Holyrood House, and was attainted by Act of Parliament 1 Edin. Tests. 2 Estimate of the Scottish Nobility, 53, 62. 3 Fraser, The Lennox, i. 421. 4 P. C. Reg., 272-273. 5 Cit. Reg. Mag. Sig. ii. ; The Lennox, i. 421. 6 Cit. Reg. Secreti Sig., vol. xxxii. fol. 71-73, 121-130. 7 The Lennox, i. 421. 8 Labanoff, torn. iv. 361. 9 Reg. Mag. Sig. 10 P. C. Reg., iv. 425. " Ibid., 609, 610, 643-645. STEWART, EARL OF BOTHWELL 171 21 July 1593,1 4 and his armes reivin at Oroce of Edinburgh be the heraldis.' 2 He made another attempt to seize the King at Falkland on the 17th, and on 24 July 1593 forced himself into the Royal presence and obtained a promise of all he demanded, which promise the nobles in convocation at Stirling absolved the King from keeping.3 He again appeared with five hundred horse on 3 April 1594,4 after which he fled to England, and then to Orkney and Caithness. At last, in April 1595, ' not knowing whom to trust, he stole away privately to France,' where the King suffered him ' to enjoy the free ayre of his country.' By challenging a gentleman to a duel against the King's edict, it is said he was forced to flee to Spain. Later, he went to Naples,5 where he lived in poverty, supporting himself by feats of arms, fortune-telling, and necromancy.6 He died in 1612 at Naples in a poor estate ' some years after the King his going into England.' 7 His honours were forfeited, and his estates divided be- tween his stepson Scott of Buccleuch, Kerr of Oessford, and Lord Hume. The forfeiture was continued against his children by Act of Parliament 1600.8 He married, before 1 July 1592, Margaret Douglas, daughter of David, seventh Earl of Angus, relict of Sir Walter Scott of Buccleuch. On the fall of her husband she interceded for him on her knees before the King at the gate of Edinburgh Castle on 17 November 1592. Three days later a proclama- tion forbade any one to receive her.9 She was received into favour by the King in Glasgow, but on 3 December she was banished again until six days after she * purchast ane letter of paice.' 10 She died in 1640, at a great age, and was buried at Eckford.11 They had issue :— 1. FRANCIS, eldest son. 2. John Stewart, Commendator of Coldingham. In 1606 he was warded in Edinburgh Castle on account of a dispute with William Keith of Luidquhairne.12 He married Margaret Home,13 and had issue : — 1 Acta Parl. Scot., iv. 8-11. 2 Birrell's Diary. 3 Calderwood, History, v. 256-261. * Ibid., 296-297. 5 P. C. Reg., v. 209 n. 6 The Lennox, i. 422; cf. also George Sandy's Journey, 1610. 7 P. C. Reg., v. 209 n. 8 Acta Parl. Scot., iv. 229. 9 P. C. Reg., v. 23, 24 n. 10 Birrell's Diary ; Balfour's Annals, i. 398. ll Scotts of Buccleuch, i. 161. 12 P. C. Reg., vii. 178, 179. 13 Reg. Mag. Sig., 1642, No. 1240. 172 STEWART, EARL OF BOTHWELL (1) Francis Stewart. He intromitted with the teinds of Colding- ham 1630.1 On 10 June 1638, the town of Coldingham was of new erected into a burgh of barony in his favour, as he had a wadset over the lordship.2 He is said to have been * a private gentleman in the Horse Guards, who commanded cavalry at Both well Brig 1679. '3 (2) Margaret, married to Sir John Home of Renton. 3. Harie, 1612,4 alive in 1627, when lie consents to a lease.5 4. Frederick, 1612.6 5. Elizabeth, an English newsletter writes of her birth in 1590 : ' E. Bothwill makes show of being at the Queen's devotion, and has asked her to be godmother to his daughter.' She was married to James Crans- toun, second son of William, first Lord Cranstoun.7 6. Margaret, was married to Alan, fifth Lord Oathcart. 7. Helen, was married to John Macfarlane of that Ilk.8 8. Jean (called third daughter), was married, c. 1612-22, as second wife, to Robert Elliot of Redheugh. Her husband was imprisoned for his attempted murder of Buccleuch, and she was left in great distress. The Lords of the Secret Council, 'commiserating the estate of the young gentlewoman,' made her an allowance for the support of herself and her husband, 30 Nov- ember 1624.9 III. FRANCIS STEWART, eldest son of Francis, Earl of Bothwell, born 1584.10 After his father's death, in spite of the attainder, he is occasionally styled 4 Earl of Bothwell ' and Lord Stewart and Bothwell. He on his marriage ob- tained a rehabilitation under the Great Seal, dated Whitehall 30 July 1614, but reserving the rights of those who had been granted his father's forfeited lands.11 This rehabilitation was ratified by Parliament 1633.12 In 1630 he was ' absent from the country.' He obtained recovery by decreet arbitral 1 P. C. Reg., 2nd ser., iii. 482. 2 Reg. Mag. Sig. 3 Ms. History ; Swift's Works, xiv. 297. He is supposed to have been the prototype of Francis Bothwell, the dashing cavalier in Old Mortality. * P. C. Reg., ix. 498. 5 Laing Charters, No. 1990. 6 P. C. Reg., ix. 498. 7 Cal. of State Papers, Domestic, 643. 8 Douglas gives the marriages of these daughters in this order. 9 The Border Elliots, by the Hon. G. F. S. Elliot, 230-232, quoting tombstone of her daughter Mrs. Clark in the chapel yard, Inverness ; P. C. Reg., xiii. 651. 10 Estimate of Scottish Nobility, 54. n Reg. Mag. Sig. 12 Acta Parl. Scot. , v. 55. STEWART, EARL OF BOTHWELL 173 of Charles i. of part of the family estates, which he sold to the Winton family. He lived in straitened circumstances, in 1637 petitioning King Charles I. to be made Printer to the King in Ireland for fifty-one years.1 He died in 1639, and his testament-dative was given in by his creditors at Edinburgh 21 April 1640.2 He married, about 1614, Isobel Setoun, widow of James, first Earl of Perth, daughter of Robert, first Earl of Winton. It is likely also that he married again. Issue : — 1. CHARLES, eldest son. 2. Robert. 3. Margaret, baptized at Tranent 1 April 1619.3 4. Elizabeth, baptized at Inveresk 20 August 1632 4 as 4 daughter of Francis, Lord Stewart and Bothwill.' A little-known MS. note says she 'dyed at Wintoun unmarried, and so ended this family.' 5 IV. CHARLES STEWART, eldest son of the last Francis Stewart, baptized at Tranent 7 February 1618,6 heir to his father 20 April 1647. He became a trooper in the Civil War, and, according to a MS. history he ' dyed in England after Worcester,' apparently unmarried.7 CREATION. — 16 June 1581. ARMS. — There are five seals of Francis, Earl of Bothwell, known to exist. The first bears a lion rampant within a royal tressure debruised by a ribbon. The second and third bear quarterly, 1st and 4th, a bend ; 2nd and 3rd, on a chevron two lions pulling at a rose. The fourth is similar, but has surtout a lion rampant contourne within a royal tressure ; the third and fourth have an anchor behind the shield. The fifth is similar to the third and fourth, but has surtout a lion rampant within a bordure compony.8 [A. F. s.] 1 Calendar of State Papers, Ireland, 1633-47. 2 Edin. Tests. 3 Parish Register. 4 Ibid. 6 Edin. Univ. Lib. 6 Parish Register. * Edin. Univ. Lib. 8 Macdonald's Scot. Armorial Seals, Nos. 2607-2611. CAMPBELL, EARL AND MARQUESS OF BREADALBANE IB COLIN CAMPBELL, the first of the House of Glenurchy, was eldest son of the second marriage of Duncan, first Lord Campbell of Lochaw.1 He is generally stated to have been the son of his father's first wife Marjory or Marcellina, daughter of Robert, Duke of Albany, Guardian, and afterwards Regent, of Scotland;2 but he is called ' brother-german ' of Duncan and Archibald, sons of Duncan, Lord Campbell of Lochaw, who were by his second wife, Margaret, daughter of Sir John Stewart of Ardgowan.3 By charter dated 20 October 1432 his father conferred upon Sir Colin the lands of Glenurchy and others/ He is stated to have gone thrice to Rome, and to have been one of the Knights of Rhodes.5 Sir Colin, on the death of his father in 1453, 1 See vol. i. of this work, 331. 2 Exch. Rolls, iv. p. clxxxvii. The Black Book of Taymouth, p. 9, calls her ' Margaret Stewart, dochtir to Duke Murdoch,' and Sir William Fraser, in The Lennox, p. li, describes ' Marjory' daughter to Murdoch Duke of Albany by his marriage in 1391- 92 as wife of ' Duncan Campbell of Lochaw and Argyle, afterwards Lord Campbell.' 3 Reg. Mag. Sig., 17 April 1469 ; Historical Account of the surname of Stewart, by Duncan Stewart, 110. According also to the Great Roll Pedigree at Inveraray, Colin was a son of the second marriage. 4 Origines Parochiales Scotice, vol. ii. pt. i. 126, 136. 6 Black Book of Taymouth, 13. CAMPBELL, MARQUESS OP BREADALBANE 175 predeceased by his own elder brother, Archibald, became, according to the Black Book of Taymouth, p. 13, tutor to his nephew, Colin, who in 1457 was created Earl of Argyll, but from a comparison of dates there appears good reason to suppose that at the death of Duncan, Lord Campbell, his grandson was of age. Sir Colin had a charter of the lands of Auchirvach (Auchreoch) in Glendochart to himself and Margaret Stirling his wife, 27 October 1467.1 He is stated to have built Caolchurn Castle in Glenurchy.2 For his services in apprehending one or more of the murderers of King James i., the grandson of that monarch, King James in., on 17 December 1473, granted the barony of Lawers to him, Margaret Stirling his wife, and his heirs-male by her.3 He appears to have died in 1475, and to have been buried in Kilmartin on the 26 September in that jear.4 Fanciful and often grotesque portraits of Sir Colin, first of Glenurchy, his father Duncan, Lord Campbell of Lochaw, his nephew Archibald, first Earl of Argyll, and of the second, third, fourth, fifth, sixth, seventh, and eighth Lairds of Glenurchy are given in the Black Book of Tay- mouth, and portraits of them also appear in the Genealogical Tree at Taymouth Castle painted in 1635 by George Jamesone. Sir Colin married several times, but authorities vary so much that it is not easy definitely to state how often, in what order, or when the respective wives died, and by which of them he had issue. According to Nisbet,5 Sir Colin Campbell's first wife was Mary, one of the daughters 1 Reg. Mag. Sig. 2 Black Book of Taymouth, 13. 3 Reg. Mag. Sig., 16 June 1525. 4 The Dean of Lismore's Chronicle appended to Historical Notices of the Clan Gregor, by Donald Gregory, 41, and Chronicle of Fortingall in Black Book of Taymouth, 113. According to the Black Book of Taymouth, pp. 12 and 14, however, he was laird for forty-eight years, and died in the Tower of Strathfillan on 24 September 1480 ; but this is evidently an error, for on 10 June 1478 the Lords Auditors (Acta Auditorum, 64) gave a decree in a civil suit against ' Duncan Campbell, son and heir of umquhile Sir Colin Campbell of Glenurquha, knicht,' and Sir Colin is stated to be deceased in 1476 ; Exchequer Rolls, viii. 338. Douglas's Peerage, 1813 edition, voce Breadalbane, also appears to be in error in stating that Sir Colin was interred in the chapel of the Blessed Virgin at Finlarig, as that property was not acquired by the family until 1506, and the Black Book of Taymouth mentions, p. 17, that the chapel of Finlarig was built by Sir Colin's grandson ' to be ane buriall for himself and his posteritie/ 5 Heraldry, ed. 1816, App. 212. 176 CAMPBELL, MARQUESS OF BREADALBANE of Duncan, Earl of Lennox, and he gives as his authority a contract of marriage said to be still extant in the archives of the Breadalbane family. There appears to be a mistake in the lady's name and designation, as Duncan, the last Earl of Lennox, executed 1425, had three daughters, his co-heirs, who were all married in 1392, several years before the birth of Sir Colin Campbell, and no daughter of Duncan, Earl of Lennox, called Mary appears on record. The Black Book of Taymouth states (p. 10) that Sir Colin married as his first wife 'Mariott Stewart, dochtir to Walter Stewart off Albanie (sone to Isobell, Duches off Albanie and Countess of Lennox).' Whether Sir Colin ever was married to this lady, who- ever she was, is not without doubt, but he certainly married, probably about the year 1448, Jonet, second of the three daughters and co-heiresses of John, Lord Lorn.1 In March 1449 John Stewart, lord of Lome, granted to Sir Colin certain lands in the lordship of Lorn, on account of the marriage of Sir Colin Campbell of Glenurquhay and his daughter Jonet Stewart.2 By her he appears to have been the father of : — 1. SIR DUNCAN. 2. Patrick, who was probably a son of the same mother, as he was called to succeed to certain lands in Glen- lyon as a substitute after Sir Duncan and his son, Archibald, and the heirs-male of his body, before John, evidently the son of Margaret Stirling, in a charter from King James iv. dated 7 September 1502.3 He died probably without issue, as no further mention of him is known. According to the Black Book of Taymouth (pp. 10 and 11) Sir Colin got by this marriage ' in name of tochirgude, the auchtene markland of the Bray of Lome, hir father being then alive. Bot eftir hir said father his deceis, the haill lordship of Lome falling to his thre dochteris, heretrices thairoff, the said Sir Colene be vertew of his wyff, eldest of the three, fell to the haill superioritie of the Lordschip of Lome and first third thairoff.' This is a mistake, and it 1 The Black Book of Taymouth calls her ' Jonett,' eldest daughter to * William Stewart, lord of Lome.' 2 Origines Parochiales Scotice, ii. 155. 3 Reg. Mag. Sig. CAMPBELL, MARQUESS OF BREADALBANE 177 is a common idea that the Campbells of Glenurchy got Lorn by the marriages of Sir Colin and his nephew Colin, Earl of Argyll. The facts are : — On 20 June 1452, and during the lifetime of John, Lord Lorn, upon his resignation, King James n. granted the lordship of Lorn, the barony of Innermeath, and the barony of Redcastle to the said John and the lawful heirs-male of his body, whom failing, to his brother Walter and the lawful heirs-male of his body, and a further series of heirs.1 At the same time the King granted the barony of Innermeath and various other lands to the said John and his heirs.2 After the death of John on 20 December 1463,3 the Earl of Argyll, preferring the lands of Lorn to the other lands which legally belonged to John's three daughters, entered into a contract, dated 30 November 1469, with Walter, John's heir-male, agreeing to exchange Innermeath and the* various other lands to which John's daughters had succeeded, for Lorn.4 Walter Stewart resigned the lands of the lordship of Lorn into the hands of King James in. 14 April 1470,5 and three days later the King granted them to Colin, Earl of Argyll, and the lawful heirs-male of his body, whom failing, to Sir Colin Campbell of Glenurquhay and the lawful heirs-male of his body, and a further series of heirs.6 Walter received in exchange the title of Innermeath and certain of the other lands which had belonged to the deceased John, Lord Lorn.7 Sir Colin Campbell married, secondly, a lady said to have been Margaret or Marie, daughter of Robert Robertson of Strowan, but the Black Book of Taymouth, p. 11, simply calls her ' ane woman off the Clandonoquhy.' By her he had 3. John, bishop of the Isles, died 15 July 1510.8 Nisbet says he died in 1509.9 And 4. Margaret, married, first, as his third wife, to Archibald Napier of Merchiston, and secondly, to John Dickson, Ross Herald.10 1 Reg. Mag. Sig. 2 Ibid. 3 Comp. Peerage, viii. 451. 4 Fourth Rep. Hist. MSS. Com., App. 474. 6 Ibid. 6 Reg. Mag. Sig., 17 April 1470. 7 Fourth Rep. Hist. MSS. Com., App. 474. 8 The Chronicle of Fortingall, 115. 9 Heraldry, ii. App., 212 ; Keith, Catalogue of Bishops, says 1509, and that his successor was appointed in 1510. 10 Napier Writs quoted by Douglas, ed. 1813, ii. 286. The Black Book of Taymouth omits all reference to this Margaret, but states, p. 11, that Sir Colin by this wife had a daughter ' callit Katherine Campbell, quha wes merit on Waltir Stewart, bailzie of Balquhidder.' VOL. II. M 178 CAMPBELL, MARQUESS OF BREADALBANE Sir Oolin married thirdly, before 27 October 1467,1 Mar- garet, daughter of Luke Stirling of Keir, and had issue :— 5. John Campbell, who, as 4 of Lawers,' is called as one of the substitutes in a charter dated 11 May 1497.2 He is probably the substitute of this name called to the succession of Glenlyon after Sir Duncan and his brother Patrick.3 He married, first, Agnes Moncrieff,4 with issue. Secondly, Christian Ogilvie (see page 142), apparently without issue. He was killed at Flodden, 9 September 1513.5 From him are descended the Camp- bells of Lawers, Loudoun, Murthly, Aberuchill, etc. She married, secondly, Patrick Hepburne of Beinstoun, and was dead before 27 July 1554, when Mr. John Hepburne of Beinstoun was her son and heir.6 6. George Campbell, ' quha deit young.' 7 7. Mariot, married to William Stewart of Baldoran before 5 October 1498.8 8. Helen, married to MacEane of Ardnamurroch (Ardnamurchan), and secondly, to John MacEwin McAlaster McGregor, 'principall of the Clandoul- cheir,' with issue.9 SIR DUNCAN CAMPBELL of Glenurchy, the eldest son, is next in succession to Colin, Earl of Argyll, and the heirs- male of his body, in the grant by King James in. of the lands of Knapdale, on 26 February 1480-81.10 He also occupies the same position in regard to the church-lands of Dollar, which were granted to Archibald, Earl of Argyll, on 31 January 1493, and confirmed by King James TV. on 11 May 1497,11 and also with respect to the lands of Skip- nish and others on 12 September 1502.12 In 1483 he had a remission for taking part in the raid of Lauder.13 He obtained from King James iv., during the minority of that monarch, charters of the lands of the Port of Lochtay, 5 March 1491-92,14 and 4 July 1498.15 He had the office of 1 Reg. Mag. Sig. 2 Ibid. 3 Ibid., 1 September 1502. 4 The Genealogist, v. 132. 5 Dean of Lismore's Chronicle, 44; and the Chronicle of Fortingall, 111. 6 Acts and Decreets, viii. 565b. 7 Black Book of Taymouth, 11. 8 Reg. Mag. Sig., 24 October 1498. 9 Black Book of Taymouth, 12 and 64. Her second husband afterwards became chief of the clan Gregor. At the latter page, when married to her second husband, she is called ' widow and Lady of Lochbuy.' 10 Reg. Mag. Sig. ll Ibid., under latter date. 12 Ibid, 13 Origines Par. Scot., ii. 144, 14 Reg. Mag. Sig. 16 Ibid. CAMPBELL, MARQUESS OP BREADALBANE 179 bailiary of the lands of Discher and Toyer, Glenlyon, and the Barony of Glendochart, 3 September 1498,1 and on 7 September 1502 a charter from the King of the lands of Glenlyon, which were incorporated into a barony, to him- self in liferent and his son Archibald, and to Duncan's brothers Patrick and John, and the respective heirs-male of their bodies.2 In 1504 a summons of treason was raised against him and certain other Highland chiefs ; but with what result is not known.3 He bought from James Muschet of Tol- garth his lands of Finlarig, and had a charter of them, dated 27 February 1506,4 and from John, Lord Drummond, his lands and barony of Finlarig, of which he had a charter dated 22 April 1503.5 On 24 May 1508 he had a charter from John Stewart of Ardgowan of the lands of Shian, Balloch, and Acharn, which was confirmed 25 May 1508 ,6 and a charter from Sir R/obert Menzies of that Ilk, dated 18 September 1511, of the lands of Orannich.7 On 16 May 1513, having resigned Finlarig, Shian, Balloch, Acharn, Crannich, and others, the King incorporated them into the Barony of Finlarig and granted him a charter of them.8 He was killed at the battle of Flodden, along with his brother, John Campbell of Lawers, on 9 September 1513.9 Sir Duncan Campbell married, first, about 14 October 1479, Margaret, daughter of George Douglas, fourth Earl of Angus.10 They had issue : — 1. SIR COLIN. 2. Archibald, who, as already noticed, had the fee of Glenlyon.11 He married, first, Mariota, daughter of Iver Campbell of Ardtarua, with issue. She died 12 August 1537, and was buried at Finlarig : 12 secondly, Isabel, daughter of John Grant of Culcabok.13 He died 29 April 1552, and was buried at Dunkeld.14 From him are descended the Campbells of Glenlyon, Duneaves, Roro, and Knockhill. 3. Patrick, who died a young man in the island of 1 Reg. Mag. Sig. 2 Ibid. 3 Acta Part. Scot., ii. 255. 4 Confirmed 12 May 1508, Reg. Mag. Sig. 5 Confirmed 26 April 1503, Ibid. 6 Reg. Mag. Sig. 7 Confirmed 19 September 1511, Ibid. 8 Reg. Mag. Sig. 9 Dean of Lismore's Chronicle, 44 ; and Chronicle of Fortingall, 111. 10 The Douglas Book, by Sir "William Fraser, iii. 110. n Reg. Mag. Sig., 7 September 1502. 12 Chronicle of Fortingall, 121. 13 Charter, 9 May 1538, confirmed 26 August 1538, Reg. Mag. Sig. 14 Chronicle of Fortingall, 123. 180 CAMPBELL, MARQUESS OF BREADALBANE Badchelych, 14 January 1507, and was buried in Killin.1 4. Elizabeth, married to David Toshach of Monzievaird, prior to 7 December 1518, when he granted her a life- rent charter of the mains of Monzievaird.2 Sir Duncan married, secondly, Margaret, daughter of Sir John Moncrieff of that Ilk.3 She married, as her second husband, William Menteith of Kerse and Alva,4 who died 18 February 1523.5 She died between 2 and 10 November 1554.6 By her Sir Duncan had : — 5. John, who acquired Orannich, and became Bishop of the Isles.7 6. Catherine, married to "William Murray of Tullibardine before 1524, with issue.8 She survived her husband, being alive in 1576.9 7. Annabella, had a dispensation, dated 9 October 1533, to marry Alexander Napier of Merchiston.10 SIE COLIN CAMPBELL of Glenurchy, the eldest son, is said to have been ' ane great justiciare all his tyme,' and to have built the Chapel of Finlarig.11 He died in the Castle of Glenurchy on the 12 August 1523, and was buried in the Chapel of Finlarig,12 having married Marjory, daughter of John Stewart, Earl of Atholl.13 She died on the 26 July 1524, at the Island of Lochtay, and was buried beside her husband.14 By her he had three sons, suc- cessively lairds of Glenurchy : — 1. SIR DUNCAN. 2. SIR JOHN, and 3. COLIN. SIR DUNCAN CAMPBELL of Glenurchy, the eldest son, succeeded his father. He married Elizabeth, daughter of 1 Black Book of Taymouth, 14, and the Chronicle of Fortingall, 115. 2 Black Book of Taymouth, 14. 3 The House Of Moncrieff, by George Seton, 28 n. 4 The Red Book of Menteith, by Sir William Fraser, i. 261. 6 Chronicle of Fortingall, 118. 6 Memoirs of John Napier of Merchiston, by Mark Napier, 1834, 42, 43 notes. 7 Black Book of Taymouth, 15. 8 Ibid. , 15, and Chronicles of the Families of Atholl and Tullibardine, i. 14. 9 Reg. Mag. Sig., 18 April 1576. 10 Memoirs of John Napier, 42. n Black Book of Taymouth, 17. 12 Ibid., and Dean of Lismore's Chronicle, 46. 13 Chronicles of the Families of Atholl and Tullibardine, i. 28. It is there stated in error that she was the wife of Sir John Campbell. 14 Dean of Lismore's Chronicle, 46. CAMPBELL, MARQUESS OF BREADALBANE 181 Sir John Colquhoun, eleventh of Colquhoun and thirteenth of Luss.1 She married, after her husband's death, before 7 January 1549-50, John Maxwell of Dargavel,2 and on 19 June 1556 appears as his relict, and then spouse of Patrick Fleming.3 He died in the Castle of Glenurchy on 5 Sep- tember 1536, was buried in the chapel of Finlarig,4 and was succeeded by his brother. He had : — 1. A son, who died in minority.5 2. Margaret, married to John MacDougall of Raray in Lorn. SIR JOHN CAMPBELL succeeded his elder brother in^the estate of Glenurchy. On 25 June 1532, prior to suc- ceeding his brother, he was outlawed for failing to appear before the Justice to answer for convocating the lieges.6 He had a charter to, himself, his wife, the survivor, and their heirs of the lands of Derry and Ardwaichlorne in Strathearn from his brother-in-law, William Edmonstone of Duntreath.7 He and his wife had also a charter of the lands of the Port of Lochtay and others.8 Sir John died in the Isle of Lochtay 5 July 1550, and was buried in the Chapel of Finlarig.9 He married, prior to succeeding his brother, Mariot Edmonstone, sister of William Edmonstone of Duntreath, by whom he had two daughters.10 His wife survived him.11 1. Christian, married to James Colquhoun of Garscube, second son of Humphrey Colquhoun of Luss,12 contract dated 28 October 1558. She sold to her uncle, Colin Campbell, her half of the lands of Port of Lochtay and others, 29 December 1558.13 She died in Novem- ber 1591.14 Her husband died in July 1604.15 2. Mariot, married to Alexander Hume, son and heir-ap- parent of George Hume of Lundeis, from whom they 1 In The Chiefs of Colquhoun, by Sir William Eraser, i. 93, she is called Marjory, as also in the Black Book of Taymouth. 2 Charter in H.M. Register House. 3 Register of Acts and Decreets, fol. xiii. 448. 4 Black Book of Taymouth, 18. 6 Ibid. 6 Justiciary Records. 7 23 May 1539, confirmed same day, Eeg. Mag. Sig. 8 20 May 1546, Ibid. 9 Black Book of Taymouth, 19; the Chronicle of Fortingall, 123, also says 5 July 1550, and the same chronicle, 124, repeats the entry, giving the date as ' quinto Julij anno Domini M.Vc. (tertio).' 10 Black Book of Taymouth, 19. n Exch. Rolls, xix. 436. 12 Fraser's Chiefs of Colquhoun, ii. 249. 13 Reg. Mag. Sig., 5 May 1564. 14 Edin. Tests. 15 The Chiefs of Colquhoun, i. 107. 182 CAMPBELL, MARQUESS OF BREADALBANE had a charter, in implement of their marriage-con- tract, of the lands of Rednoch and Ardgattie, 27 November 1558. 1 She likewise sold her half of the lands of Port of Lochtay and others to her uncle, 11 December 1558.2 OOLIN CAMPBELL succeeded his elder brother, Sir John, in the estate of Glenurchy. He bought from Finlay MacNab of Bovain certain lands in Glendochart, 24 November 1552 ;3 from Archibald, Master of Argyll, the lands of Glenstrae, 26 April 1554, to be held oj the Crown ; 4 and acquired from his nieces the lands of Port of Lochtay and others by charters, dated respectively 11 and 29 December 1558.5 He had a grant from Queen Mary of the lands of Dalgardie and others, 27 October 1564.6 He is said to have built the House of Tay mouth, or Castle of Balloch.7 He sat in Parliament in the year 1560, when the Protestant doctrines received the sanction of law.8 Dying at Balloch on 11 April 1583, he was buried in the chapel of Finlarig.9 He married, first, prior to 16 April 1548,10 Margaret Stewart, daughter of Alexander Stewart, Bishop of Moray, and widow of Patrick Grahame of Inchbrakie, by whom he had :— 1. Beatrix, married to Sir John Campbell of Lawers, with issue.11 2. Margaret, married to Allan MacDougall of Ragray in Lorn ; contract 30 May 1569. Colin married, secondly, before 15 June 1551, 12 Katherine Ruthven, daughter of William, Lord Ruthven, by whom he had:— 3. SIB DUNCAN. 4. Colin, the second son, born prior to 1555,13 was pro- vided with the lands of Ardbaichlorne and Darry, by the charter of 29 December 1558 above mentioned. He had a charter of the lands of Glenample and others in Balquhidder, 22 February 1562.14 He married 1 Reg. Mag. Sig., 10 December 1558. 2 Ibid., 5 May 1564. 3 Ibid., 27 June 1553. 4 Ibid., 6 July 1554. 6 Ibid., 5 May 1564. 6 Ibid. 7 Black Book of Taymouth, 22. 8 Ada Parl. Scot., ii. 526. 9 Black Book of Tay- mouth, 23, and Edin. Tests. 10 Graeme's Or and Sable, 4. n Black Book of Taymouth, 20. 12 Reg. Mag. Sig. 13 Reg. of Deeds (Scott), i. 118. 14 Reg. Mag. Sig., 12 February 1620. CAMPBELL, MARQUESS OF BREADALBANE 183 Margaret, daughter of Robert Monro of Foulis, con- tract 28 May 1584, and was dead on 16 January 1610, when his son, (1) Colin, served heir to him.1 He disponed his lands of Glen- ample to Archibald, brother to Sir James Campbell of Lawers,2 9 February 1622 and 21 December 1622. 3 He also sold Edinchip and Kingart to Colin Campbell of Glenurchy, 15 June 1620 and 2 November 1619.4 He married Jean Chisholm, who survived him, with issue a daughter. 5. Patrick of Auchinryre, who was a substitute to the fourth part of the lands of Monzie, 29 August 1581. 5 He died ' in his flouris,' without issue.6 6. Archibald, the fourth son, married Margaret Toshoch, eldest lawful daughter of Andrew Toshoch of Monzie. Contract 22 and 24 August 1581. He acquired from his father-in-law his fourth part of the lands of Monzie, 29 August 1581, 7 which he sold to his brother, Sir Duncan, 21 (sic) August 1581.8 Died s. p. 7. Margaret, married at Perth 5 September 1574,9 as his first wife, to James, son of William, Master of Glen- cairn, contract 24 May 1574 (see charter, 26 May 1574, confirmed 27 May 1574 10), and she died in January 1610, leaving issue. 8. Katharine, ' Quha deit in Mr Yothhead.' " 9. Mary, married, first, to John, sixth Earl of Menteith, contract 22 October 1589, with issue. He died in December 1598. She married, secondly, contract 26 June 1599, Colin Campbell of Lundie, and survived him also.12 10. Annas, married, as his first wife, to John, son and apparent heir of James Campbell of Ardkinglas, contract 23 July 1571. As Annas and John were both then in minority, another contract was entered into, dated 29 March 1586, stipulating that the marriage should be solemnised before the succeeding 1 Retours, Perthshire, No. 206. 2 Black Book of Taymouth, 57. 3 Reg. Mag. Sig., 23 January 1623. 4 Ibid., 13 September 1620. 6 Ibid., 22 December 1585. 6 Black Book of Taymouth, 20, 22. 7 Reg. Mag. Sig., 22 December 1585. 8 Ibid., 2 April 1586. 9 Register of Marriages at Perth, printed in Scottish Antiquary, iv. 40. lo Reg. Mag. Sig. n Black Book of Taymouth, 21. 12 The Red Book of Menteith, by Sir William Fraser, ii. 329, 330, 332, 333 ; and Reg. Mag. Sig., 3 August 1614. 184 CAMPBELL, MARQUESS OF BREADALBANE 22 day of May.1 They had issue a son, Colin, and daughter, Elizabeth. Annas died in October 1589.2 SIB DUNCAN CAMPBELL of Glenurchy, the eldest son, born prior to 1555,3 received from his father dispositions of the lands of Port of Lochtay and others, and the barony of Finlarig, dated 5 March 1573-74,4 in implement of the contract of his marriage with Jean, daughter of John, Earl of Atholl, which was dated 18 November 1573. His father also disponed certain lands to that lady, in implement of said marriage- contract, 20 November 1573.5 He acquired the lands of Cretin- dewar and Craigvokin, 2 December 1575.6 He bought from his brother Archibald, as before mentioned, a fourth part of Monzie, 21 August 1581. 7 On the occasion of the marriage of King James vi. he was knighted about 17 May 1590.8 He was one of the Lords of the Articles chosen to represent the barons in the Parliament held in Edinburgh in 1592, and was a commissioner for the smaller barons of Argyllshire to Parliament, 1593.9 In 1594 he denied that he had any participation in the measures connected with the slaughter of the ' Bonnie Earl of Moray.' 10 He also acquired from various parties certain lands in Menteith, Strathgartney, and elsewhere.11 King James f eued to him the mill and mill lands of Mylnehorne.12 On the resignation of Colin Campbell of Strachur, he acquired twenty-six merk lands in the barony of Glenfalloch ; on the resignation of William Moncrieff of that Ilk, the lands of Culdares and Duneaves ; 13 and on the resignation of Alexander Balfour of Boghall, the lands of Emyrcrichane and Costinterrie in Menteith.14 In 1599 he represented the smaller barons at the Convention of Estates of Parliament,15 and was a commissioner on the coin in that year.16 He purchased from John, Earl of Atholl, and his wife, the lands of Wester Stuikis, on 18 September 1599.17 He was warded in Edinburgh Castle in June 1601, 1 Reg. of Deeds, xxiv. 355 ; see also Black Book of Taymouth, 25, 29. 2 Edin. Tests., xxix. 3 Reg. of Deeds (Scott), i. 118. * Confirmed 10 March 1573-74, Reg. Mag. Sig. 5 Confirmed 25 May 1574, Ibid. 6 Confirmed 26 March 1582-83, Ibid. 7 Confirmed 2 April 1586, Ibid. 8 P. C. Reg. , iv. 481 n. 9 Parliamentary Return of Members of Parliament, 1878, ii. 540. 10 Ori- gines Parochiales Scotice, ii. pt. i. 81. n Reg. Mag. Sig., 5 March 1595-96. 12 Ibid., 14 June 1598. 13 Ibid., 17 February 1598-99. u Ibid., 27 February 1598-99. 16 Parliamentary Return, ii. 454. 16 Acta Parl. Scot., iv. 181. 17 Reg. Mag. Sig., 27 September 1599. CAMPBELL, MARQUESS OF BREADALBANE 185 4 throch the occasioun of certane fals leis and forged inventis,' and had to pay 40,000 marks to the courtiers of the King before he was released.1 Thereafter he went to England and Flanders for about a year.2 Alexander Menzies of that Ilk, on 15 April 1602, sold to Sir Duncan in lifer ent, and his eldest son in fee, the lands of Morinche and others.3 He bought the lands of Drumquharg and others in the barony of Redgorton, 28 May 1611.4 Two of his natural sons had letters of legitimation, 27 December 1614.5 He and his heirs-male were appointed foresters of Mamlorne, 22 July 1617.6 He acquired various lands in Strathgartney, 9 November 1618, and 31 October and 2 November 1618.7 He purchased from Robert Robertson of Strowan, the four merk lands of Stronf ernan, 21 December 1614, and the five merk lands of Oandloch, 16 and 17 May 1616, and from Duncan Robertson, brother to Robert, Thometayvoir in Fernan, 14 August and . . . 1622.8 He was created a baronet of Nova Scotia by patent dated 29 May 1625, and sealed 30 June 1627.9 On 12 May 1627, King Charles i. granted letters of remission to Sir Duncan, his sons Colin, Robert, and Patrick, and their natural brother, Patrick, for burning the town of Dewletter and the castle of Glenstrae in 1611, when engaged against the Clan Gregor.10 He is said to have built the Castle of Fin- larig, the Tower of Auchallader, the House of Lochdochart, the House of Barcaldine, and another great house in Lome.11 Sir Duncan died at Balloch on 23 June 1631, aged eighty- one, and was buried in the chapel of Finlarig.12 His por- trait, dated 1601, is given in the Black Book of Taymouth. He married first, contract 18 November 1573,13 Jean or Janet, daughter of John Stewart, fourth Earl of Atholl, Lord High Chancellor of Scotland, by his second wife Margaret, daughter of Malcolm, third Lord Fleming.14 She died in September 1593,15 and had issue :— 1. SIR COLIN. 1 Black Book of Taymouth, 36, 37. 2 Ibid. 3 Reg. Mag. Sig. , 22 February 1604. * Ibid., 4 June 1611. 5 Ibid. 6 Ibid. 7 Ibid., 17 December 1618. 8 Ibid., 25 November 1623. 9 Royal Letters, etc., relating to the Coloniza- tion of New Scotland (Bannatyne Club), 120, and Complete Baronetage, ii. 282-283. 10 Reg. Mag. Sig. n Black Book of Taymouth, 35, 36. 12 Ibid., 71. The preface, p. vi., states his age as eighty-six. 13 See Reg. Mag. Sig. 14 Chronicles of the Families of Atholl and Tullibardine, i. 35. 15 Edin. Tests. 186 CAMPBELL, MARQUESS OF BREADALBANE 2. SIR ROBERT. 3. Duncan, died young.1 4. John, who had from his father the lands of Auchinryre, and certain lands in Lome, 12 August 1596.2 He married Florentine, daughter of Duncan MacDougall of Dunolich, contract 29 August 1614. He died before the end of 1618, leaving four children : — Alexander, died before 4th February 1643.3 Duncan.* Archibald.* Jean Q married to Robert Fleming of Moness, on 15 February 1644.7 5. Archibald of Lagvinshoch, on 30 October 1594, while still a boy, had a charter of a quarter of the lands of Monzie from his father, who, on 13 January 1601, also gave him the Ibertlands of Monzie. He married, first, Catherine, daughter to John Graham of Inch- brakie, contract 14 April 1602. She made her will in February 1607, and probably died soon thereafter, leaving issue : — (1) Duncan, who succeeded to Monzie and the Ibert, married Ann, or Agnes, Murray, daughter of Patrick Murray of Ochtertyre, contract dated 10 and 12 May 1633. He died 12 February . . . ,,8 leaving issue. (2) Margaret, married to John Toshoch, younger of Pittenzie, contract dated 22 Jan. 1636. Archibald married as his second wife, Christian, daughter of Alexander Robertson of Inchmagranoch, contract 2 December 1614. He died 10 November 1640,9 survived by his second wife, by whom he had:- (3) Alexander, a captain, was infeft in Glentarken and others, 23 May 1649. 10 He was drowned in the spring of 1652. .Dying without issue, he was succeeded in his lands of Glentarken and others by his brother Patrick.11 (4) Patrick, succeeded his brother,12 married Catharine Murray, seventh child of Patrick Murray of Ochtertyre, with issue.13 1 Black Book of Tay mouth, 24. 2 Ibid., 419. 3 General Retours, No. 2808. 4 Ibid., Nos. 2808 and 4414 ; Perthshire Retours, No. 533. 6 Inquis. de Tutela, No. 309. 6 Ibid., No. 310. 7 Kenmore Session Register. 8 Tomb- ftone at Monzie : the year is illegible, but it was prior to 1648. Ibid. 10 Reg. of Sas., Perthshire, xi. 419. n Ibid., 29 May 1650. 12 Ibid. , and Origines Parochiales Scotice, ii. pt. i. 134. 13 Playf air's Baronetage, voce Murray of Ochtertyre. CAMPBELL, MARQUESS OF BREADALBANE 187 (5) John* (6) Mr. Colin, took degree of M.A. at St. Andrews, 6 June 1640, and was admitted minister at Killin before 6 May 1645 ; translated about 1650 to Blair Athol, married Jean, second daughter of James Stewart of Fincastle. She survived him and married John Stewart of Urrard.2 (7) Mr. Robert, M.A. St. Andrews 1642, admitted minister at Moulin prior to 4 April 1647,3 married Jean Menzies,4 with issue. (8) James.6 (9) Duncan.6 (10) Isabel, married to Patrick MacGregor or Drummond, younger of CulcriefF, contract 18 November and 1st December 1643,7 whom she survived.8 6. Alexander and 7. Duncan? who both died young. 8. Margaret, his eldest daughter, married as his first wife, Sir Alexander Menzies of that Ilk, contract 10 December 1588. She died 8 September 1598.10 9. Jean, married*, as his first wife, to John, afterwards Sir John, Campbell of Cawdor, contract 4 December 1601,11 with issue. She died prior to 9 August 1622.12 10. Anne or Agnes, married to Patrick Ogilvie, apparent heir of Inchmartine, contract 20, 22, 24, and 25 February 1609, with issue. 11. Elizabeth, who died young.13 Sir Duncan married between 7 October and 7 November 1597, as his second wife, Elizabeth, daughter of Henry, Lord Sinclair, contract 7 and 20 October 1597,14 and by her, who died in October 1654,15 had issue : — 12. Patrick, on whom his father settled the lands of Edinample and others, in 1624.16 He was one of the King's commissioners for the suppression of the Clan Gregor in 1633.17 He had infeftment in the lands of Easter Torrie, 27 December 1637,18 which lands he disponed on 29 June 1642 to Colin Campbell of Moch- aster.19 He was dead before 21 December 1648,20 having been killed ' in the cause of the Covenant,' 21 1 Reg. ofSas., Perthshire, vi. 138. 2 Fasti, iv. 792, 824. 3 Ibid., iv. 811. 4 Reg. Sas., Perthshire, vi. 138. 6 Ibid. 6 Ibid. 7 Ibid., x. 406. 8 Ibid., xi. 134. 9 Black Book of Taymouth, 24. 10 Transactions Soc. Ant. Scot., xix. 147. n The Thanes of Cawdor, 220. 12 Ibid., 257. 13 Black Book of Taymouth, 24. 14 Register of Deeds, 19 September 1598. 16 Register of Testaments, Perth, i. 416, 15 December 1654. 16 Black Book of Taymouth, 62. 17 Acta Parl. Scot., v. 45. 18 Laing Charters, No. 2232, and Reg. Mag. Sig., 17 July 1637. 19 Laing Charters, No. 2308. 2° Reg. Mag. Sig.t 21 April 1649. 21 Acta Parl. Scot., vi. pt. ii. 275, 531. 188 CAMPBELL, MARQUESS OF BBEADALBANE probably at the battle of Kilsyth. He had been married, and had issue : — John, eldest son. Colin, who, along with his father, had a charter of the lands of Glentarken, 19 May 1636, * and others. (1) (2) 13. John (secundus), who was alive]at his father's death.2 14. William, died young.3 15. Juliana (Egidia), married, as his first wife,4 to John Gordon apparent of Buckie, on 18 June 1626,5 with issue. She is called eldest daughter, and her husband is designed Laird of Hilton, contract 16 April and — May 1626.6 16. Elizabeth, married to Robert Irvine of Fedderat, second son of Alexander Irvine of Drum, contract 31 October 1621. Married at Kenmore on 4 December 1621.7 17. Catharine, married to Alexander, son and apparent heir of Sir John MacDougall of Dunollie in April 1628.8 18. Jean, married to John (Murray), Earl of Atholl, 6 June 1630.9 She is designed youngest daughter in her marriage-contract, which is dated last of April and 6 May 1630. He died in June 1642, leaving issue by her.10 SIR COLIN CAMPBELL, the eldest son, had from his father a charter of the lands of the Port of Lochtay and others in the lordship of Discheor and Toyer and in Strathearn, dated 12 March 1602, and a charter of the barony of Finlarig and lands of Glenfalloch and Glendochart, as well as in Argyllshire, of the same date.11 He acquired the barony of Lude 11 March 1619 ; 12 Over and Nether Tully- bannacher, 24 March and 18 April 1623, and 24 July 1623 ;13 and Innergeldies, 3 and 10 May 1625.14 He is stated to have been fifty-four years of age when he succeeded his father.15 On 18 June 1633, he had an 1 Beg. Mag. Sig. , 11 July 1642. 2 Black Book of Taymouth, 80. 3 Ibid. , 24. 4 The House of Gordon, Balbithan MS., p. 58. 5 Ibid., and Black Book of Taymouth, 63. 6 See also Beg. Mag. Sig., 1 March 1628. 7 Black Book of Taymouth, 57. 8 Ibid., 68. 9 Ibid., 70. 10 Chronicles of the Families of Atholl and Tullibardine, i. 114. A supposed portrait of her is given in that work. n Confirmed 24 March 1602, Reg. Mag. Sig. 12 Ibid. , 18 March 1619. 13 Ibid., 25 November 1623. " Ibid., 24 February 1629. 15 Black Book of Taymouth, 72. CAMPBELL, MARQUESS OF BREADALBANE 189 Act of Parliament ratifying various charters granted to his father and himself,1 and in that year was one of the King's justices to suppress the Clan Gregor.2 In Pinker- ton's Scottish Gallery are portraits of Sir Colin Campbell in 1633, aged fifty-six, and his wife in the same year, aged fifty-two. He died 6 September 1640, aged sixty-three, without issue, survived by his wife,3 Juliana (Egidia), second daughter of Sir Hugh Campbell of Loudoun (contract 1594), and was buried in the chapel of Finlarig.4 He was suc- ceeded by his younger brother : — SIR ROBERT CAMPBELL. His father granted a charter to him and the lawful heirs-male of his body, of the lands of Mochaster and others in the barony of Glen- falloch and Glendochart, 20 November 1601 .5 He acquired Corriechrombie fr6m John Drummond, Earl of Perth, 9 November 1620 ;6 Coschambies and others in Strath- gartney from Alexander Shaw of Cambusmoir 25 March 1622.7 On the death of his elder brother Sir Colin, in 1640, he succeeded him, and is stated to have been then sixty-one years of age.8 He was M.P. for Argyllshire 1639-41, 1643-44, and 1644-49. Sir Robert became in- volved in financial difficulties, and several of his creditors took possession of his estates.9 He died 17 November 1657, aged eighty-two.10 He married Isabel, daughter of Lachlan Mackintosh of Dunnachton, captain of Clan Chat tan (contract 16 December 1605), and had issue : — 1. SIR JOHN. 2. Duncan, second son, who died at Finlarig on 16 August 1630, and was buried in the chapel of Finlarig, aged twenty-two.11 3. Colin Campbell of Mochaster, who was born at Fin- larig in 1616, and married Margaret, daughter of Sir Alexander Menzies of that Ilk, on 6 April 1641. He received from his father the lands of Mochaster 1 Acta Parl. Scot, v. 112-115. 2 Ibid., v. 45. 3 Black Book of Taymouth, 83, 84. 4 Ibid. 6 Confirmed 11 January 1602, Reg. Mag. Sig. 6 Reg. Mag. Sig., 28 November 1620. 7 ibid., 15 May 1622. 8 Black Book of Taymouth, 85. 9 Reg. Mag. Sig., 20 March 1649, 23 March 1649, 21 April 1649, 22 May 1649. 10 Complete Peerage, voce Breadalbane. n Black Book of Taymouth, 86. 190 CAMPBELL, MARQUESS OF BREADALBANE 25 April 1642.1 In 1642 he acquired the lands of Easter Torrie from Patrick Campbell of Edinample,2 and sold them in 1655.3 He died at Mochaster 22 October 1668, and was buried in the chapel of Finlarig, survived by his widow, who died at Car whin in 1681, and was also buried in the chapel of Finlarig. They had : — (1) Duncan, born at Finlarig 18 November 1647, died s. p. at Mochaster July 1675, buried at Finlarig.4 (2) John, born at Finlarig 14 February 1649, died s. p. at Mo- chaster November 1675, and was buried at Finlarig.5 (3) Colin of Carwhin, born at Caolchurn Castle, 18 December 1652. He married, in Greyfriars Church, Edinburgh, 15 April 1677, Elizabeth, eldest lawful daughter of Mr. Andrew Pringle, minister at Castletown in Liddesdale. He was Sheriff-clerk of Caithness 167— to 1680. He was admitted a Writer to the Signet 9 February 1686, and died s. p.6 31 January 1715.7 (4) Robert of Borland, born at Mochaster 2 September 1660,8 died in February 1704 ; 9 married Janet, daughter of the deceased Robert Campbell of Glenlyon, contract 20 July 1700, by whom he had an only son and daughter :— i. Colin of Carwhin, born in 1704 ; served heir-general to his uncle Colin Campbell of Carwhin 9 April 1715, 10 died at London 30 March 1772, having married 28 January 1758 Elizabeth, daughter of Archibald Campbell of Stonefield,11 with issue : — (i) JOHN, fourth Earl of Breadalbane. (ii) Colin of Carwhin, born 12 December 1763, captain in the 99th Regiment of Foot.12 He died s. p. at Edinample 27 June 1792, 13 when he was sue ceeded by his brother. (iii) Jane, born 1 December 1758, died 23 March 1769. (iv) Elizabeth, born 28 July 1760, died 5 October 1774. ii. Helen,1* married Macfarlane of Gartartan. (5) Alexander, born at Mochaster 4 April 1662, died s. p. before 13 December 1704. 15 (6) Isabel, born at the place of Weem 12 May 1643, died 13 April 1655, and was buried at the Church of Clachandysart in Glenurchy. (7) Marjory, born at Easter Torrie 15 July 1644. She was married to Thomas Graham, fiar of Duchrae, contract 9 and 11 February 1669, with issue. (8) Jeane, born at Easter Torrie 3 July 1645, married to Alexander 1 Reg. Mag. Sig., 20 June 1642. 2 Laing Charters, Nos. 2308-2311. 3 Ibid., 2565. 4 Breadalbane Succession Case, Joint App., 401. 6 Ibid. 6 Ibid. 7 History of W.S. Society. 8 Complete Peerage says 10 Septem- ber. 9 Joint App., 401, and Testament-Dative, Dunkeld Commissariot bundle for 1705. 10 Services of Heirs. n See curious story as to this marriage in Burke's Vicissitudes of Families, 3rd ser. 57-60. 12 Joint App., 117. 13 Ibid., and Scots Magazine for 1792, 361. 14 Joint App., 401. is Ibid. CAMPBELL, MARQUESS OF BREADALBANE 191 Campbell of Wester Ardeonaig, as his first wife, contract 28 October 1665. (9) Barbara, born at the Place of Ballantone in Menteith 2 October 1646, died 7 October 1646, and was buried at Kilmadock. (10) Margaret, born at Castle Caolchurn 27 April 1650, died January 1677, and was buried in the chapel of Finlarig. (11) Anna, born in the tower of Castle Caolchurn on 3 December 1651, died 17 May 1652, and was buried in the aisle at the Kirk of Dysart in Glenurchy. (12) Julian, born in the tower of Castle Caolchurn 31 December 1653, died at Ardeonaig 15 February 1656, and was buried in the Kirk of Killin. (13) Isabel, born in Murlaganmoir 29 July 1655, married, as his first wife, to Mr. Robert Kirk, minister at Balquhidder, contract 14 January 1678, with issue ; died in January 1681, and was buried in the Kirk of Balquhidder.1 (14) Helen, born at Mochaster 22 July 1657. She was dead before 14 November 1689, having been married to Alexander M'DufF of Cambusurich, with issue three children.2 (15) Grissel, bor* at Mochaster 8 September 1658, died there 17 May 1661, and was buried at the Kirk of Callander in Menteith. 4. Robert, who died young.3 5. William born about 1621 ; killed at Stirling in Sep- tember 1648 ;4 married Jean, daughter of Sir Colin Campbell of Ardkinglass, and had : — (1) Eobert, born 19 March 1647, and baptized 25 March 1647 ; 5 married, contract 7 and 22 July 1674, Susanna, daughter of Colonel James Menzies of Culdares by his first marriage, with issue: — i. Colin, born 1680; died 10 August 1737, aged 57 ;6 married, 22 April 1712, Agnes, eldest daughter of Robert Campbell of Auchlyne, with issue.7 (i) Eobert, born 20 February 1713 ; 8 died without issue. (ii) James, born 12 March 1714 ; 9 lieutenant in the Hon. Lord John Murray's Highland Regi- ment; had precept of dare constat as heir to Robert his grandfather 8 August 1740; died 6 February 1751, aged thirty-six,10 without issue. 1 According to her tombstone, which is outside the walls of the old kirk of Balquhidder, she died 25 December 1680, and had two sons, Colin, who became a Writer to the Signet, and William. 2 Bond by her brother Colin to them of that date. 3 Black Book of Taymouth, 86. * Ibid., 103. 5 Kenmore Sess. Reg. 6 Memorials of the Stewarts of Fortingall. 7 Register in Glenfalloch Family Bible ; Joint App., (25), 131, and Killin Reg. of Mar. 8 Family Bible supra. 9 Joint App., 395. 10 Family Bible supra; Dunkeld Tests. 192 CAMPBELL, MARQUESS OF BREADALBANE (iii) William, born 23 February 1715, l succeeded to Glenfalloch as heir to his brother James, and infeft therein 21 November 1751,2 acquired the superiority of that property 30 June 1777,3 and executed an entail thereof 30 August 1784 ;4 died 2 October 1791,6 having married, first, Effie M'Nicol, on 18 February 1740,6 with issue :— a. Christian, born 15 June 1741 ;7 died in 1781, having been married, first, to M'Pherson, with issue one son and four daughters; secondly, to James Campbell of Hellsglen.8 William married secondly, on 9 December 1747, Susanna, daughter of Mr. Duncan Campbell.9 She died before 17 March 1793 ;10 with issue : — b. Colin, born at Stuckchaple, Glenfalloch, 30 December 1749 ; n baptized 4 January 1750 ;12 lieutenant in second battalion 71st Regiment;13 captain in 1793 in the first battalion of the Breadalbane Fencibles;14 succeeded to Glenfalloch on the death of his father;15 died at Glenfalloch 4 June 1806, 16 having married, first, a few months prior to April 1776, Miss Drummond— she was really one of the daughters of Gregor M'Gregor of Inverardran— who died at New York about 1778, with issue : 17— (a) one or more children, who died in infancy.18 Colin married, secondly, Mrs. Constable, formerly wife of an officer in the provincial troops serving with the British army in America,19 with issue : 20— (6) William Erskine, his only son, born at London, 10th May 1784 ; 21 suc- ceeded to Glenfalloch on his father's death.22 He was in the civil service in Ceylon, and died at Colombo, Ceylon, 22 July 1806, -3 having marriedSusanna,daughter of Charles Campbell of Loch- dochart, who survived him,24 by whom he had an only son. His 1 Register in Glenfalloch Family Bible. 2 Joint App., 396. 3 Ibid., 397. 4 Ibid., (64), 120. 5 Ibid., 433. 6 Family Bible supra. 7 Ibid. 8 Joint App., 432, 434. 9 Family Bible supra. 10 Respondent's Case, H. L., 19, 20. n Family Bible supra. 12 Killin Parish Reg. 13 Joint App., 421. 14 Ibid., 441. 16 Ibid., 122. 16 Scots Mag., 1806, 488. 17 Joint App., 429. 18 Ibid. 19 Ibid., 429, 440. 20 Ibid., 440, 643. 21 Family Bible supra. 22 Joint App., (17), 123. 23 Scots Mag., 1807, 397. 24 Joint App., 644. CAMPBELL, MARQUESS OF BREADALBANE 193 widow married, secondly, Captain Macfarlane, Callander, without issue. a. John Breadalbane Campbell succeeded to Glenfalloch when about four years of age on the death of his father ; l died at Callander on 4 January 1812 aged ten years.2 On his death the succession to the estate of Glenfalloch opened to the heirs-male of the body of James, second son of William Campbell of Glen- falloch (see below). Colin married, thirdly, in 1793, Jean Campbell or Ogilvie, who survived him.3 c. James, born at Stuckchaple, 30 March 1754, 'new style';4 baptized 8 April 1754 ;5 had a commission as ensign 1st May 1775 in the 40th Regiment of Foot ; lieutenant 14 March 1777 ; 6 retired from that regi- ment 20 April 1785 ;7 lieutenant and quartermaster of the first battalion Bread- albane Fencibles 1 March 1793 ;8 captain in that regiment 15 November 1794 till its reduction in April 1799 ;9 captain in the Cambrian Rangers, 23 August 1799 till June 1802. 10 He ran away in 1781 with Eliza Maria Blanchard, wife of Chris- topher Ludlow, a medical practitioner, apothecary, and grocer in Chipping-Sud- bury, Gloucestershire. Christopher Lud- low died in January 1784 at Portsmouth.11 James Campbell died at Edinburgh 24, and was buried on 29, October 1806 in the Canongate churchyard there.12 Ad- ministration May 1807. It was on the question of the marriage of James Campbell to this lady that the Breadal- bane succession case, decided by the House of Lords 27 May 1864, turned. Their Lordships held (Lord Wensleydale dis- senting) in favour of the legitimacy of the issue. She died in London in 1828. 13 They had:— (a) William John Lamb Campbell, the 1 Joint App. (18), 124. 2 Scots Mag., 1812,156; Dunblane Tests., 31 July 1816. 3 Joint App., 646. 4 Family Bible supra. 5 Killin Reg. Baptisms. 6 Re- spondent's Case, H. L., 14. 7 Ibid., 17. 8 Joint App., 435. 9 Ibid., 21, 24. 10 Ibid., 25. u Joint App., 53, 159. 12 Respondent's Case, H. L., 28; Joint App., (27), 133, (264), 580. la Ibid., 28. VOL. II. N 194 CAMPBELL, MARQUESS OP BREADALBANE exact date of whose birth has never been ascertained. He is stated to have been born at Edin- burgh and to have been nineteen years of age on 29 September 1807, when he joined H.M.S. Prince of Wales as a midshipman;1 bap- tized at Gateshead-on-Tyne, 20 January 1788 ;2 studied anatomy and surgery at Edinburgh Uni- versity 18034 ;3 joined Navy as above; left it on 27 September 1808 ;4 served heir-male of tailzie and provision to his cousin, John Breadalbane Campbell of Glen- falloch, 18 March 1812 ;5 Lieuten- ant-Colonel of the guard of honour in attendance upon Queen Victoria on her visit to Taymouth Castle in 1842.6 He died 4 June 1850,7 having married in St. Gregory by St. Paul's, London, on 21 May 1810, Rosanna, youngest daughter of John Doughty, co. Salop,8 with issue :— a. JOHN ALEXANDER GAVIN CAMPBELL, who succeeded as sixth Earl of Bread- albane. (b) John, who died in infancy.9 (c) Breadalbane Gavin, youngest son, born 11 October, baptized 12 Nov- ember 1796 at Inveresk ; 10 died at Edinburgh 9, and buried in Grey- friars churchyard, Edinburgh, 12, December 1803. n (d) Elizabeth Marbrough, born at Ply- mouth 4, baptized 30, May 1785 12 married, first, in 1802 at Edin- burgh, to John Butler, student of physic,13 and secondly, to John Hilton, with issue. (e) Susanna Sophie, baptized at Gates- head 6 October 1789. 14 (/) Colin Maria Nairne, born probably in 1797; married to William 1 Respondent's Case, H. L., 18, 19. 2 Joint App., (173), 279. 3 Re- spondent's Case, H. L., 27, and Joint App., (244), 560. 4 Ibid., 29, and Joint App., (295), 611. 5 Joint App., 295, 622. 6 Respondent's evidence, (339), 671. 7 Respondent's Case, H. L., 33, and his evidence, (346), 678. 8 Joint Case, (126), 612. 9 Respondent's Case, H. L., 20. 10 Joint App., (173), 279. n Respondent's Case, H. L., 26, and his evidence, 560, 561. 12 Ibid. , 17, and Joint App., 279. 13 Ibid., 26, and his evidence, 556. 14 Joint App., 279. CAMPBELL, MARQUESS OF BREADALBANE 195 Sutton, with issue, and died 6 May 1862, aged sixty-five or sixty-six.1 d. Duncan, born at Stuckchaple 19 December 1757,2 of Morven estate,parish of Hanover, Jamaica ; died in London without lawful issue 9 September 1810. 3 Will proved 13 September 1810. e. Archibald, born at Stuckchaple 11 July 1759 ;4 apprentice to Messrs. Graham, writers, Glasgow ; lieutenant in the 74th Regiment December 1777 ; 5 returned from America in 1784; began business in 1786 as a writer in Edinburgh ; 6 died at Prestonpans, 17 April 1806,7 hav- ing married in 1791 8 Jean, daughter of William Butter of Braehouse, architect in Edinburgh.9 She died on 1, and was buried beside her husband in Colinton churchyard 5, March 1842,10 with issue an only child : — (a) Jean, who married Captain Robert Campbell of the East India Com- pany Service.11 She died without issue in 1852. 12 /. William, born at Stuckchaple 16 Nov- ember 1760 ; 13 went to Jamaica in 1778, became a planter in Hanover parish there ; 14 died in Jamaica without issue in October 1791.15 Will proved 8 June 1793. g. John, born at Stuckchaple 19 November 1763 ;16 ensign in the Western Regi- ment of Fencible Men 16 November 1781 ;17 lieutenant in the same regi- ment 13 July 1782 ; 18 had lease for fifty-seven years of farm of Kylettor- more 23 April 1787 ;19 captain in Earl of Elgin's regiment of Fencible Infantry 8 November 1794 ; 20 captain Royal Perthshire Militia 24 August 1803 ;21 captain in First Battalion Second Brigade Royal Perthshire Volunteer Infantry 4 November 1806 ;22 adjutant in Highland Regiment Perthshire Militia 24 September 1808 j23 died 12 March 1823, having married on 13 June 1 Respondent's Case, H. L., 23, 24. 2 Family Bible supra. 3 Joint App., (30), (31), (32), 136-7-8. * Family Bible supra. 6 Joint App., 433. 6 Ibid., 439. 7 Scots Mag., 1806, 399. 8 Joint App., 433. 9 Ibid., 326. 10 Respondent's Evidence, 665. » Ibid., 337, 669. 12 Case for Re- spondent, 34. 13 Family Bible supra. 14 Joint App., 139, 433. 16 Ibid., 22, 128. 16 Family Bible supra. 17 Joint App., 415, 741. 18 Ibid., 741. ™ Ibid., Ml. ™ Ibid. ™Ibid. ™ Ibid. ™ Ibid. 196 CAMPBELL, MARQUESS OF BREADALBANE 1788, Janet, daughter of William Butter of Braehouse, architect in Edinburgh,1 with issue : — (a) Charles William, born at Edin- burgh 14 March 1789.2 He entered the army, his first com- mission being dated 21 May 1809; lieutenant 2 May 1811; placed on half-pay 17 April 1817; served in the Peninsula with the 39th Regiment of Foot, and was present at the battles of the Pyrenees, Nivelle, Orthes, and Toulouse, for which he received the war medal with four clasps ; 3 died on 18 January 1861 ; 4 and was buried in War- riston Cemetery, Edinburgh, having married at Kinloch, on 14 March 1832, Charlotte Olympia Cockburn, daughter of John Campbell of Kinloch.5 She died 1 June 1880,6 with issue:— a. Charles William, born at Borland, 4 April 1836.7 He entered the army, his first commission being dated 20 December 1854, and served with distinction in the Indian Mutiny, the China Cam- paign 1860, and the Egyptian War of 1882. At the time of his death he was Major-General of the Bengal Staff Corps.8 He was the appellant in the Breadalbane Succes- sion Case in 1867, and married in 1888 Gwyn- nedd, daughter of the late William Edward Brink- man, Esq., R.N. He died in 1894, leaving :— (a) Charles William, born in 1889. (/3) Colina Edivy, born in 1891. 1 Family Bible, Joint App. , (37), 143. 2 Borland Family Bible supra, and Joint App., (39), 145. 3 Hart's Army List, 1861, 495, 506. 4 Joint App., (40), 146. 5 Ibid. , 77, 79. 6 Tombstone in Warriston Cemetery, Edinburgh . 7 Joint App., 79. 8 Hart's Army List, 1894, 601, 635. CAMPBELL, MARQUESS OF BREADALBANE 197 (•y) Mary Gun/nnedd, born in 1893. (5) Margaret Alice, born in 1894. £. John Erskine, who for some time was in the Mounted Police, Cape of Good Hope, afterwards in India, died in Burmah 29 May 1889 1 unmarried. y. Colin George Lorne, who was born in 1848; en- tered the army, his first commission being dated 28 June 1867. After a distinguished military career, he died in August 1890, having married in 1886 Robina Gordon, daughter of Robert Fraser, Esquire of Brackla, in the county of Nairn, with issue : — (a) Charles Colin Kin- loch, born in 1889. (/3) Isla Lorn Gavin, born in 1887. 8. Charlotte Elizabeth, born in 1838, married in 1861 Michael Servas Van- derbyl of Woodville, Cape of Good Hope. She died at Wimbledon on 30 January 1897, without issue. e. Mary Turner Gavin, liv- ing at Kilmodan Cottage, Musselburgh, unmarried. (6) George Andrew, born at Auch- line, 9 July 1791,2 married at Taymouth Castle, on 2 August 1830, Margaret, youngest daughter of Colonel James Campbell of Glenfeochan. She was born at Carlisle on 16 January 1808. He died at Rothesay on 3 July 1852, and she died at Edinburgh on 5 February 1884,3 with issue :— a. John Breadalbane, born 1 Tombstone in Warriston Cemetery, Edinburgh. 2 Borland Family Bible supra, and Joint App., (38), 144. 3 Family Bible. 198 CAMPBELL, MARQUESS OF BREADALBANE 30 June 1839, living in Florida, United States of America, married, in 1873, Kath. M'Donald. /3. A son born and died 2 April 1849, and seven daughters. (c) Colin, born at Borland on 13 March 1794, l died unmarried.2 And six daughters. h. Alexander, born at Glasgow 31 March 1767 ; 3 ensign in 97th Regiment 1781 ; 4 exchanged into 42nd Regiment, tacks- man of Kirktown of Strathfillan ; for distinguished services in Egypt pro- moted captain and brevet-major 21st Regiment. He shot Captain Boyd of the same regiment in an alleged duel on 23 June 1807, for which he was tried at Armagh Assizes, found guilty, executed there 24 August 1808, and was buried at Ayr.5 He married , daughter of William Bowie of Camsis- can, provost of Ayr, with issue four children ; the only one who arrived at maturity was :— (a) William Bowie Stewart Camp- bell of Cloichfoldich, born 1803, admitted Writer to the Signet 4 March 1826, died 11 June 1847, having married, first, 16 March 1830, Sarah Priscilla, only daughter of J. Fearnside, London, and second, 5 April 1838, Janet W. Maxwell, only child of Robert Stewart of Cloichfoldich,6 without issue.7 William Campbell of Glenfalloch had also six daughters. (iv) Duncan, born 11 October 1718.8 (v) John, born 10 May 1720.9 (vi) Henry, born 19 May 1722. 10 (vii) Archibald, born 7 August 1723.11 (viii) Robert, born 10 February 1726 ; 12 apparently at one time a linendraper in Edinburgh, after- wards lieut. -captain in the 99th Regiment; died at Fort St. Ann, Jamaica, in 1782, having married Jean, daughter of Sir James Sinclair 1 Borland Family Bible supra. 2 Appellant's parole evidence, (78). 3 Glenfalloch Family Bible supra. 4 Respondent's evidence, (119), 415. 6 Trial of Major Campbell for murder, 1808 ; and A short Vindication of the Memory of the late Major Alexander Campbell, 1810. 6 History of W.S. Society. 7 Joint App., 78. 8 Glenfalloch Family Bible supra. 9 Ibid. 10 Ibid. » Ibid. 12 Ibid. CAMPBELL, MARQUESS OF BREADALBANE 199 of Dunbeath, by his second wife, Isobel Lumsden,1 and had issue :— a. Colin, a substitute in Glenfalloch entail 1784,2 surgeon in the 39th Regiment, died in the island of Guadeloupe in 1794.3 b. James, also a substitute,4 captain in the 74th Regiment, served in the American War as a subaltern in the 71st Regi- ment, was present at the capture of Seringapatam in the East Indies, died in India in 1801.5 c. John, also a substitute,6 captain in the 74th Regiment, served in America as a subaltern in the 82nd Regiment, died in India in 1792.7 d. Robert,91 a lieutenant in the 42nd Regi- ment 1795 to 1803.9 e. Jean, had an annuity on the Compas- sionate List.10 (ix)* Alexander, born 26 February,11 baptized 2 March 1730. 1* ii. James, died without issue. iii. Archibald, who lived at one time in Succoth, had four daughters, Elizabeth,13 Susanna,14 Lilias, who died abroad,15 and Isobel, married to John Davies, sur- geon in Glassarie, with issue.16 iv. William, died before 30 August 1784. 17 He was father of : — (i) Archibald,™ sergeant in the Middlesex Militia, who had a son : — a. Colin.™ v. Duncan, who had :— (i) Colin, who went to America, (ii) James, bookbinder to the Queen. vi. Susanna, who married John Campbell of Lochdochart. (2) James, born between 1648 and 1651, became a writer in Glasgow, and died without issue. 6. James, who died young.20 7. Alexander, who got from his father the lands of Loch- dochart ; married, first, on 29 January 1656, Julian, daughter of Alexander Robertson of Strowan,21 with 1 Caithness Family History, by John Henderson, W.S., 90. 2 Joint App., 121. 3 Memorial for his sister in MS. 4 Joint App., 121. 6 Memorial for his sister. 6 Joint App., 121. 7 Memorial for his sister. 8 Joint App., 121. 9 Memorial for his sister. 10 Ibid. " Glenfalloch Family Bible supra. 12 Killin Parish Reg. 13 Argyll Tests., 8 September 1798. 14 Ibid. 16 Edin. Tests., 5 September 1798. 16 Ibid. " Joint App., 121. 18 Now only son, 30 August 1784, Ibid. » Ibid., 121. 2° Black Book of Taymouth, 86. 21 Kenmore Session Reg. 200 CAMPBELL, MARQUESS OF BREADALBANE issue. He married, secondly, on 19 September 1671, Magdalene, daughter of William Menzies of Oarse,1 with issue. 8. Duncan, born 1631, 2 who got from his father the lands of Auchlyne ; married Christian, daughter of Walter Dalgleishof .3 He died in 1703. She died in 1698,4 with issue. 9. Margaret, married to John, eldest son of Allan Cameron of Lochiel, in October 1626, with issue.5 10. Isabel, married to James Campbell, apparent heir of Ardkinglass ; 6 contract 19 August 1636, which states that the marriage was solemnised in January 1636, with issue. 11. Agnes, married to Dugald, son and apparent heir of Archibald Campbell of Inverawe, contract 1 May 1633, with issue. 12. Julian,1 married before 5 July 1625 to Murdoch M'Lean, eldest son of Hector MacLean of Lochbuy.8 13. Mary, married to Robert Robertson of Fascally on 30 July 1650, with issue,9 contract 24 and 30 July 1650. Apparently both were dead before 28 March 1685.10 14. Katherine, married to Andrew Toshach of Monzie- vaird, 9 March 1641.11 15. Jean, married, first, to Archibald Campbell of Glen- lyon,12 contract 25 June 1632, with issue. She was married, secondly, before 5 January 1647, to Patrick Roy MacGregor,13 with issue. She married, thirdly, before 10 July 1656, Duncan Stewart of Appin, with issue.14 16. Marjory, married to Archibald Stirling of Coldoch,15 contract 1637. 17. Beatrix died young.16 SIR JOHN CAMPBELL, the eldest son of Sir Robert 1 Kenmore Session Reg. 2 Memorials of the Stewarts of Forthergill. 3 Their banns were proclaimed at Kenmore proprimo, 4 May 1656 ; Ken- more Session Reg. 4 Memorials of the Stewarts of Forthergill. 5 Nisbet's System of Heraldry, App. 226, and Memoirs of Lochiel, Bannatyne Club, 63. 6 Slack Book of Taymouth, 87. 7 Slack Book of Taymouth, 90, calls her eldest daughter. 8 Beg. Mag. Sig. 9 Kenmore Session Reg. 10 Court of Session Decreets. n Kenmore Session Reg. The Black Book of Tay- mouth, 87 and 94, says they were married in February 1641. Their marriage- contract was dated 26 February 1641. 12 Black Book of Taymouth, 87. 13 Kenmore Session Reg. 14 Ibid. 15 Black Book of Taymouth, 87. w Ibid. CAMPBELL, MARQUESS OF BREADALBANE 201 Campbell of Glenurchy succeeded him. His father had resigned the barony of Glenfalloch and many other lands to him in liferent and his eldest son in fee, on which a charter of novodamus was granted.1 He was Colonel of the Perth- shire Foot in 1643 ; served on the Committee of War for Perthshire in 1644, 1647, 1648, 1649, and on that for Argyll- shire 1648. He was one of the Colonels for Dumbarton, Argyll, and certain of the Isles in 1648 ; a Commissioner of Supply and of Excise for Argyllshire and Perthshire.2 He was Member of Parliament for Argyllshire, 1661-63.3 On 9th September 1662 he had a ratification in his favour of the Office of Forestrie of Mamlorne.4 He died in June 1686,5 having married, first, Mary, daughter to William (Graham), Earl of Airth and Menteith. She died 28th January 1653, and was buried at Finlarig. By her he had issue : — 1. JOHN, afterwards first Earl of Breadalbane. 2. Robert, who was designed of Barcaldine, educated at University of Edinburgh, married Anna Campbell, natural daughter of an Earl of Argyll. She is said to have been a widow of Sir Donald Campbell of Ardna- murchan.6 He survived till after 1670, and died without issue. 3. Mr. Alexander, apprentice Writer to the Signet, after- wards writer, who was infeft in Botuarymore and other lands, 17 December 1678.7 4. Duncan, died unmarried about 1678. 5. William, baptized 9 October 1643,8 designed of Tulloch.9 6. James, baptized 14 June 1646.10 7. Agnes, eldest daughter, married to Alexander Menzies of Weem, contract 4 May 1653, with issue. 8. Isabel, second lawful daughter, married to Donald Campbell of Barbreck, contract 30 September and 28 December 1658, with issue. 9. Catherine, married to Alexander Robertson of Lude, contract 23 March 1664, with issue. 10. Jean, baptized 8 February 1645,11 married to John 1 Reg. Mag. Sig., 19 February 1642. 2 Acta Parl. Scot., vi. passim. 3 Parliamentary Return, ii. 572. 4 Acta Parl. Scot., vii. 438-439. 5 Argyll Commissariot Tests. 6 Thanes of Cau-dor, Gen. table ; Gen. Reg. of Sas., 31 Dec. 1667. 7 Reg. of Sasines, Perthshire, 27 Dec. 1678. 8 Ken- more Par. Reg. 9 Laing Charters, No. 2895. 10 Kenmore Par. Reg. n Ibid. 202 CAMPBELL, MARQUESS OF BREADALBANE Stewart of Tullynadies, son of Sir Robert Stewart of Polcak, contract 9 June 1666. 11. Margaret, married to Duncan, eldest son of Mr. Archibald M'Oorquodale of Phantilands, contract 7 July 1676. 12. , married to Mr. Colin Campbell of Auchnaba. 13. Mary, married to Robert Campbell of Drumsynie, contract 28 September 1687. 14. Beatrix, baptized 7 February 1648.1 Sir John Campbell married, secondly, Elizabeth, daughter of Patrick Dow More Campbell of Edinchip, who was a natural son of Sir Duncan Campbell, seventh of Glenurchy, legitimated 10 April 1616, by whom he had : — 15. Patrick, said to have been a surgeon in the Navy. 16. Colin, apprentice to Robert Campbell, merchant in Edinburgh in 1674. 17. William, an ensign and adventurer in the African Company. 18. Walter, died before September 1679. 19. Elspet, married first to John, brother of Alexander Campbell of Lochnell ; secondly to Alexander Camp- bell of Stonefield. 20. Geills, and 21. Marjory. Sir John Campbell married, thirdly, Christian, daughter of Robert Mushet of Craighead. She died in 1697,2 by whom he had : — 22. James, mentioned in a disposition dated 9May 1678.3 He appears to have died within a year or two thereafter. 23. Charles, mentioned in disposition above referred to, and died before 17 October 1707.4 24. Isabel, married to John MacNaughtan of that Ilk, contract 6 December 1683.5 25. Susanna, married in 1680, to John Campbell of Ard- chattan, with issue.6 26. Anna, married to Robert MacNab of that Ilk. She died in Glendochart, 6 September 1765, being then the last surviving child of her father.7 1 Kenmore Parish Register. 2 Dunblane Tests. 3 Writs of Wester Cal- doch. 4 Inhibitions, Perthshire, of that date. 5 Referred to in Testament- Dative of Sir John Campbell, her father, Argyll Commissariat, 3 August 1686. 6 Scottish Antiquary, viii. 6. 7 Scots Magazine, xxvii. 447. CAMPBELL, MARQUESS OF BREADALBANE 203 27. Jean, married to Alexander Campbell, younger of Airds, contract 13 May 1699. I. JOHN CAMPBELL of Glenorchy, eldest son of Sir John Campbell, Bart., born about 1635, was Member of Parlia- ment for Argyllshire 1669-74.1 He was principal creditor of George Sinclair, sixth Earl of Caithness, from whom he obtained a conveyance of his dignities, landed estates, and heritable jurisdictions, dated 8 October 1672.2 Upon this he had a Crown charter 11 January 1673, and infeftment followed on 27 February following. He did not enforce his rights during the life of his debtor, but lived in family with him. He had become bound to allow the Earl and his wife an aliment of 12,000 merks. On the death of the Earl of Caithness in May 16^6,3 Sir John was created ' upon gross and false misrepresentations,' 4 28 June 1677, EARL OF CAITHNESS, VISCOUNT OF BREADALBANE, LORD ST. CLAIR OF BERRIEDALE AND GLENURCHY, and directed to assume the name and arms of Sinclair. He invaded Caithness with seven hundred men and dis- possessed the heir-male of the late Earl of the lands of Keiss.5 King Charles n. annulled the patent of the earldom, and confirmed George Sinclair, heir-male of the last Earl of Caithness, in the dignity.6 On 13 August 1681 — under the name of ' John Campbell of Glenurchie ' — he obtained a new patent, with the former precedency — 28 June 1677— whereby he was created EARL OF BREA D'ALBANE AND HOLLAND, VISCOUNT OF TAY AND PAINT- LAND, LORD GLENURCHY, BENEDERALOCH, OR- MELIE AND WEIOK, in the Peerage of Scotland, with a special power to him — similar to one contained in the first patent — to nominate as successor any younger son, by his (then deceased) first wife, and the heirs-male of the body of such son, whom failing to the heirs-male of his own body, whom failing to his heirs-male, whom failing to his heirs whatsoever, but always under this provision and condition, 4 that in case after the decease of the said John Campbell, any of the said John Campbell's sons whom 1 Parliamentary Return, ii. 579. 2 Maidment's Genealogical Collections, 20. 3 Ibid. 4 Acta Parl. Scot., viii. 368. 6 Ibid. 6 Riddell's Scottish Peerages, 29. 204 CAMPBELL, MARQUESS OF BREADALBANE he shall happen to design, by a writ under his hand, shall not succeed, or have right to the family and estate of Glenurchie; that the said son so to be designed by the said John Campbell during his lifetime, and the heirs-male of his body, whom failing, the other heirs of tailzie and provisions succeeding to him, shall only assume and enjoy the title, honour, and dignity of Earl of Holland, Viscount of Paintland, Lord Ormelie and Weick (to the exclusion of the other titles), ay and while there shall be a conjunction of the family and estate of Glenurchie with the family and estate provided in favouris of the son so to be designed, and the heirs appointed to succeed to him, either by the accession of the family and estate of Glenurchie to the person representing the family and estate of Caithness, or by the accession of the estate of Caithness to the person who shall have right to and represent the family of Glenurchy; after which conjunction and consolidation of both estates, it should be lawful to use and assume, and carry the foresaid titles, etc., of Earl of Breadalbane and Holland,1 etc.1 Proceedings against him for treason were apparently soon thereafter instituted. Under date 24 July 1683, Lord Fountainhall records: 'A letter from his Majesty to the Criminal Court is read, discharging any procedure against the Earl of Breadalban of Glenurchy, and his son, in that process of treason, until further orders ; for he had come in submission to the Duke of York. And afterwards he got aremission.72 He was a member of the Privy Council for Scotland, 1685, and lieut.-col. of a regiment of foot in Perthshire in 1689,3 and in that year was fined for absence from Parliament/ Took the oath of allegiance in 1690.5 On behalf of the Government he met with the Jacobite Chiefs at Auchallader on 30 June 1691 with a view to inducing them to submit.6 After the massacre of Glencoe, on 10 June 1695, a summons of treason was raised against him at the instance of the Commission of Enquiry, and he was committed to prison in Edinburgh Castle7 as 1 The patent was not recorded at the time it was granted, but only after a Petition to the Court of Session on 21 February 1745. — Biddell's Law and Practice in Scottish Peerages, 290, 291. 2 Fountainhall's Decisions, i. 236. 3 Acta Part. Scot, ix. 27. 4 Ibid., 103. 5 Ibid., 109. 6 Memoirs of Sir Ewen Cameron of Lochiel, 301. 7 Acta Parl. Scot., ix. 366. CAMPBELL, MARQUESS OF BREADALBANE 205 having advocated the Stuart cause in the Highlands, but on his explaining that it was by connivance of the Govern- ment itself that he did so, he was discharged without a trial.1 On 13 December 1704, with consent of his eldest son, he entailed the estates of Breadalbane on his second son John, and his heirs-male, whom failing to Colin, his younger son and his heirs-male, whom failing to Colin Campbell of Carwhin, only son then alive of Colin Campbell of Mochaster and his heirs-male ; whom failing, to the heirs-male of the entailer.2 He refrained from voting for the Union in 1707, and was at the age of seventy-eight chosen one of the Scottish Representative Peers, 1713-15. In the rising of 1715 he sent five hundred men to join the Chevalier, but escaped punishment, possibly by his death in the following year. He married, firstly, 17 December 1657, at St. Andrew's Wardrobe, London, Mary, daughter of Henry (Rich), first Earl of Holland, by Isabel, daughter and heiress of Sir Walter Cope of Kensington, Middlesex. She died 8 February 1666, with issue. 1. Duncan Campbell, styled Lord Ormelie, born about 1660.3 He was infeft in the fee of the lands of Catines, and also in Barbreck-Lochow and Auchen- dryen in 1670. He was, it is said on account of his incapacity, passed over in his father's nomination of a successor.4 On the narrative that 'knowing how easie I may (through the facility of my own nature, and want of knowledge) be circumvained and deceaved in the management of my affairs by subtle and craftie persones who may have designes upon me,' he inter- dicted himself from disposing of his lands on 9 October 1694.5 In 1704 he concurred with his father in the conveyance of the family estates to his younger brother, reserving an alimentary provision in his own favour.6 He is generally stated to have died unmarried,7 or without issue, in or about 1727, aged sixty-seven.8 Elsewhere he is stated to have married 1 Complete Peerage, voce Breadalbane. 2 Register of Tailzies, 6 July 1705. 3 Foster's Peerage, voce Breadalbane. 4 Lord Hailes' MS. Notes on Douglas' Peerage, quoted in The Breadalbane Succession Case, by James Paterson, 1863, p. 9. 5 Ibid., 11. 6 Register of Tailzies, 6 July 1705, and The Breadalbane Succession Case, 13, 14. 7 Nisbet's Heraldry, 1742. 8 Complete Peerage, voce Breadalbane. 206 CAMPBELL, MARQUESS OF BREADALBANE Margaret, daughter of Campbell of Lawerg, and left issue.1 There is a strong tradition in the Highlands that he left two sons.2 And in 1863 John Campbell, Fortwilliam, claimed the title on the ground of his descent from Duncan, Lord Ormelie, which, if proved, would have constituted him heir- male of the entailer, to which class the succession then opened on the failure of male issue of the second Earl.3 2. JOHN, the second Earl of Breadalbane. He married, secondly, 7 April 1678, Mary, second daughter by Margaret, daughter of William (Douglas), Earl of Morton, of Archibald (Campbell), Marquess of Argyll, and widow of George, sixth Earl of Caithness, saving, by this economi- cal step, the alimentary allowance of 12,000 merks.4 She died 4 February 1691, leaving issue. 3. Colin, of Ardmaddie. On 3 October 1694 he had a bond of provision for £95,000 Scots. He died at London 31 March 1708,5 aged twenty-nine,6 without lawful issue. The Earl died 19, and was buried 28, March 1717, aged eighty-one, having nominated, 14 July 1685, his second son, John, as his successor in the Peerage. It is said of him, ' It is odds, if he lives long enough, but he is a Duke. He is of a fair complexion, and has the gravity of a Spaniard, is as cunning as a Fox, wise as a Serpent, and as slippery as an Eel.'7 By Mrs. Mildred Littler 8 he had :— 1 Foster's Peerage, voce Breadalbane. 2 See The Gaelic Bards, by A. MacLean Sinclair ; The Language, Poetry, and Music of the Highland Clans, by Lieut. Donald Campbell, 204; The Breadalbane Succession Case, by James Paterson, 1863, and Statement of the Breadalbane Case, by Alexander Sinclair, Esq., 1864. 3 Complete Peerage, voce Breadal- bane. * Maidment's Genealogical Collections, 20. 6 Kenmore Session Register. 6 M.-I. in St. Mary Abbots, Kensington. 7 Macky's Memoirs. 8 Whether the Earl of Breadalbane was married to Mrs. Mildred Littler or not is uncertain. Douglas, in the first edition of his Peerage, 1764, p. 91, after mentioning the marriages of the Earl with Lady Mary Rich, and Lady Mary Campbell, says : ' He had likeways a daughter, Lady Mary, married to Archibald Cockburn of Langton,' without specifying her mother. In the second edition, however, this is amplified to : * He ' (the Earl) « married a third wife, by whom he had a daughter, Lady Mary,' etc., and in most modern peerages Mrs. Mildred Littler, who died in 1746, is stated to have been his third wife, and mother of Lady Mary. That she was mother of Lady Mary abundantly appears by various documents CAMPBELL, MARQUESS OF BREADALBANE 207 4. Mary, married, 11 April 1719, Archibald Cockburn, Ad- vocate, son of Sir Archibald Cockburn of Langton, contract 1719, and died August 1725, with issue. II. JOHN, second Earl of Breadalbane and Holland, etc., second son by the first wife and heir under his father's nomination, dated 14 July 1685. He was born 19 November 1662. He was summoned to surrender after the rising of 1715, but escaped punishment.1 His right to the Peerage was impugned in 1721, 'his elder brother, Lord Ormelie, being then alive,' etc.2 He was served heir to his father 26 December 1733. He was one of the Scottish Repre- sentative Peers 1736-52, and Lord-Lieutenant of Perthshire. He married, first, Frances, daughter of Henry (Cavendish), second and last Duke of Newcastle, by Frances, daughter of the Honourable William Pierrepont. She, who was born 25 June 1660, died without surviving issue 4 February 1690, in her thirtieth year. He married, secondly, 23 May 1695, Henrietta, sister of Edward, first Earl of Jersey, daughter of Sir Edward Villiers, Knight-Marshal, by his first wife Frances, daughter of Theophilus (Howard), Earl of Suffolk. She died 1 February 1719-20. He died at the Abbey of Holy- rood House, Edinburgh, 23 February 1752, in his ninetieth year.3 Will pr. February 1753. Issue, one son and two daughters 1. JOHN, the third Earl. 2. Charlotte, who died, unmarried, before her father.4 3. Henrietta, or Harriot, appointed in 1736 one of the under the Earl's hand ; but it is worthy of notice that in the first edition of Douglas' Peerage, which appeared only eighteen years after her death, she is not mentioned, and Lord Hailes notes on his copy regarding Lady Mary: 'Not by either of those noble Ladies but by some nameless concubine. After his daughter was grown up, the governess of Lord Glenorchy's daughters said she was an impudent bastard to take place of them in going into a coach. When the old man heard this he said that she should take place of them, and accordingly acknowledged the mother as his wife.' The Earl usually designed her simply ' Mrs. Mildred Littler.' Lord Hailes gives no date when the alleged acknowledgment took place, and on 8 December 1716, within eighteen months of his death, the Earl made a settlement upon * Lady Mary Campbell, my daughter by Mrs. Littler,' and the second Earl refers to her as 'Lady Mary Campbell, my sister.' l Complete Peerage, voce Breadalbane. 2 Robertson, Proceedings relating to the Peerage, of Scotland, 88. 3 Complete Peerage, voce Bread- albane. 4 The Case of John, Earl of Breadalbane, 7 June 1872 (revised copy), p. 9. 208 CAMPBELL, MARQUESS OF BREADALBANE Ladies of the Bedchamber to the Princesses Amelia and Caroline, daughters of George n. She died, un- married, at London, 27 January 1766,1 and was buried beside her mother at Taplow.2 III. JOHN, third Earl of Breadalbane and Holland, etc., only son and heir by second wife, baptized 10 March 1695-96 ; matriculated at Christ's Church, Oxford, 13 October 1711, and then aged fifteen ; Master of the Horse to the Princess of Wales, 1718; Minister to Copenhagen, 1720; Knight of the Bath (under the style of Lord Glenorchy) at the revival of that order, 1725; Member of Parliament for Saltash, 1727-41 ; for Orford, 1741-46 ; Minister to St. Petersburg, December 1731 ; one of the Lords of the Admiralty, 1741-42 ; Master of the Jewel Office, 1746; one of the Scottish Representative Peers, 1752-68, and 1774-80; Chief Justice in Eyre south of the Trent, 1761-65; Keeper of the Privy Seal of Scotland, May to October 1765; Vice-Admiral of Scotland, 1776-82. In politics he was a warm supporter of Walpole.3 On 5 May 1775 he executed an entail of his vast estates.4 He married, first, 20 February 1717-18,5 at St. James', Westminster, Amabel, first daughter and co- heir of Henry (Grey), Duke of Kent, by his first wife, Jemima, daughter of Thomas (Ore we), Baron Ore we of Steyne. She died at Copenhagen 2 March 1727.6 1. Henry, only son, who died 12 May 1727, aged six.7 2. Jemima, born 9 October 1723, married, 22 May 1740 (in Brompton at the lodgings of her grandfather, the Duke of Kent), to Philip (Yorke), Viscount Royston, afterwards second Earl of Hardwicke. She became suo jure Marchioness Grey and Baroness Lucas of Crudwell by special remainder on the death of her grandfather, Henry (Grey), Duke of Kent, on 5 June 1740. Her husband died 16 May 1790, aged sixty-nine or seventy. She died 10 January 1797, in St. James' Square, Middlesex, with issue, two daughters. A portrait of her father, the third Earl, is stated to be in the possession of Earl de Grey. 1 Scots Magazine, 55. 2 The Case of John, Earl of Breadalbane, 7 June 1872, p. 9. 3 Complete Peerage, voce Breadalbane. 4 Respondent's Case, H. L., App. (2), 108. 6 Lie. Fac. 6 Complete Peerage, voce Breadal- bane. 7 Historical Register Chronicle, 1727, p. 19. CAMPBELL, MARQUESS OF BREADALBANE 209 He married, secondly, 23 January 1730, Arabella, third daughter and co-heir of John Pershall (son and heir- apparent of Sir Thomas Pershall, Bart.), by Charlotte, daughter of Thomas (Colepeper), Lord Colepeper. She died at Bath 1 September 1762, in her sixtieth year. He died 26 January 1782, in his eighty-sixth year, at the Abbey of Holyrood House. Will proved June 1783. On his death the succession opened to the heirs-male (general) of the grantee. It is alleged that the third Earl, by his second marriage, had also a daughter called Margaret Lillias, who eloped with and married Duncan M'Callum, called the Foxjiunter, about the year 1769 or 1770, with issue, two sons and two daughters. She is said to have died at Port-Glasgow about the year 1818, and the title and estates were claimed by her great-grandson, John M'Callum, in 1872, under the destination to heirs whomsoever. He maintained that John, fourth Earl of Breadalbane, was not the son of Colin Campbell of Carwhin, but the illegitimate son of the third Earl, but his claim does not merit serious attention.1 3. George, died at Moffat on 24 March 1744,2 aged about twelve years. 4. John, styled Lord Glenorchy, born 20, and baptized 30, September 1738, at St. Marylebone, Middlesex. He married at St. George's, Hanover Square, Middlesex, 26 September 1761, Willielma, second and posthumous daughter and co-heiress of William Maxwell of Preston. He died, without issue, during his father's lifetime, 14 November 1771, in his thirty-fourth year, at Barnton, Midlothian, and was buried at Finlarig. His widow, well known for her charity and piety, died in George Square, Edinburgh, 17 July 1786, in her forty-fourth year, and was buried in a chapel in that city, which she herself had founded. Testa- ment confirmed 1 June 1787.3 IV. JOHN CAMPBELL, fourth Earl of Breadalbane and Hol- land, etc., third cousin and heir-male of the third Earl, being first son and heir of Colin Campbell of Carwhin (see ante, p. 190), which Colin was only son of Robert Campbell of Borland, 1 The Case of John (M 'Callum), Earl of Breadalbane in the Peerage of Scotland, 7 June 1872 (revised copy). 2 Scots Magazine, 151. 3 Edin. Tests. VOL. II. O 210 CAMPBELL, MARQUESS OF BREADALBANE the only son who had issue of Oolin Campbell of Mochaster, who was third son of Sir Robert Campbell, Bart., Laird of Glenorchy, and younger brother of Sir John Campbell, Bart., who was father of John, created Earl of Breadalbane, etc., as before mentioned. He was born 30 March 1762, educated at Westminster, and afterwards resided for some time at Lausanne in Switzerland,1 succeeded his father in the estate of Carwhin 30 March 1772, and served heir to his cousin in the Peerage and family estates on 13 August 1782,2 retoured heir-male of tailzie and provision to his only brother, Captain Colin Campbell of Carwhin, 1 March 1793.3 One of the Representative Peers of Scotland, 1784 to 1802. He raised two regiments of Fencibles in 1792, which were afterwards increased by a third battalion,4 of which he was Lieutenant-Colonel, 1795; Colonel in the Army, 1802; Major-General, 1809; and Lieutenant-General, 1814. In 1805 he received the gold medal of the Society of Arts for his success in planting forty-four acres of waste land in the parish of Kenmore with Scots and larch firs.5 Councillor of State for Scotland to the Prince of Wales, April 1806. On 13 November 1806 he was created BARON BREADAL- BANE OF TAYMOUTH CASTLE, co. Perth, and on 12 September 1831, on the coronation of William iv., he was created EARL OF ORMELIE, MARQUESS OF BREAD- ALBANE in the Peerage of the United Kingdom. A caricature entitled, 'Petticoat Government, or the Grey Mare is the Better Horse,'6 which was published at the time was generally understood to represent Lord and Lady Breadalbane. He married, 3 September 1793, at her mother's house in Welbeck Street, Marylebone, Middlesex, Mary Turner, eldest daughter and co-heiress of David Gavin of Langton House, co. Berwick,7 by Elizabeth, daughter of James (Maitland), seventh Earl of Lauderdale. He died 29 March 1834, at Taymouth Castle, co. Perth. Will proved July 1834. His widow died 25 September 1845, at Langton House. Will proved October 1845, with issue : — 1. JOHN, Lord Glenorchy, second Marquess. 2. Elizabeth Maitland, born 25 July 1794, married, 19 1 Kay's Portraits, i. 233. 2 Respondent's Case, H. L., 18, and Joint App., 403. 3 Joint- App. (10), 116. * Brown's History of the Highlands, iv. 372 ; Kay's Portraits, i. 233, says there were four battalions. 5 Kay's Portraits, i. 233. 6 Ibid., i. 218. 7 Edinburgh Evening Courant, 7 September 1793. CAMPBELL, MARQUESS OF BREADALBANE 211 October 1831, to Sir John Pringle, Bart., of Stitchill, and died 17 February 1878. 3. Mary, born 10 July 1795, married 13 May 1819, to Richard Plantagenet, Marquess of Ohandos, after- wards second Duke of Buckingham, K.G., and died 28 June 1862. V. JOHN (CAMPBELL), Marquess of Breadalbane, Earl of Ormelie and Baron Breadalbane of Taymouth Castle ; also Earl of Breadalbane and Holland (in the Scottish Peerage), etc., only son and heir, born 26 October 1796 at Dundee, educated at Eton.1 He was M.P. for Okehampton (under the style of Lord Glenorchy), 1820-26, and for Perthshire (under the style of Earl of Ormelie), 1832-34. He was served heir to his father 14 July 1834 ; 2 Knight of the Thistle, 21 March 1838; Lord lieutenant of co. Argyll, 1839; Lord Rector of the University of Glasgow, 1841; Privy Coun- cillor, 1848 ; Lord Chamberlain of the Household, September 1848 to February 1852, and again January 1853 to February 1858 ; Hon.-Col. of Argyle and Bute Militia, 1854 ; Envoy Extraordinary to Prussia for the investiture (at Berlin, 6 March 1861) of King William (afterwards Emperor of Germany) with the order of the Garter ; Knight of the Black Eagle of Prussia ; President of the Society of Anti- quaries of Scotland ; Fellow of the Royal Society, etc. He married, 23 November 1821, at Mellerstain, Eliza, sister of George, tenth Earl of Haddington, eldest daughter of George Baillie of Jerviswood, who was then heir-presump- tive to the earldom of Haddington, by Mary, daughter of Sir James Pringle, Bart. She, who was born 29 June 1803, died 28 August 1861 in Park Lane, Middlesex, without issue. He died s. p. 8 November 1862, at Lausanne in Switzerland, when his titles of Baron Breadalbane, Earl of Ormelie, and Marquess of Breadalbane became extinct, while the Scottish Peerages devolved on the heir-male (general) of John Campbell, the first Earl under the patent of 1677. VI. JOHN ALEXANDER GAVIN, sixth Earl of Breadalbane and Holland, etc., cousin and heir-male, being only son and 1 Joint- App., 657. 2 Ibid., (5), 111. 212 CAMPBELL, MARQUESS OF BREADALBANE heir of William John Lamb Campbell of Glenfalloch, co. Perth, by Rosanna, daughter of John Doughty of Salop, which William John Lamb Campbell was son and heir of James Campbell, captain in the Fencibles (by Elizabeth Maria Blanchard), the said James Campbell being son of William Campbell, all of Glenfalloch, the last-named William being a son of Colin Campbell, who was a son of Robert Campbell, eldest son of William Campbell, who was the fifth son of Sir Robert Campbell, Bart., Laird of Glenurchy, whereby he was younger brother of Sir John Campbell, Bart., and of Colin Campbell of Mochaster, the respective ancestors of the preceding Earls. He was born in London 30 March 1824 ; ensign in 79th Foot in 1842 ; l succeeded his father in the estate of Glenfalloch, 4 June 1850 ; 2 and succeeded his distant cousin (fourth cousin twice removed) in the Peerage and family estates in 1862 as stated. His right to succeed to the Peerage and estates was chal- lenged by Charles William Campbell, grandson of John Campbell of Borland, on the ground that his father, William John Lamb Campbell, was not the son of James Campbell and Eliza Maria Blanchard by lawful marriage. Charles William Campbell was the next heir-male, and had he been successful in his contention, would have been entitled to succeed to the titles and lands. The Lord Ordinary (Bar- caple) of the Court of Session found it proved that John Alexander Gavin Campbell was nearest and lawful heir of tailzie and provision in special of the deceased John, fifth Earl of Breadalbane. On a reclaiming note the majority of the whole Judges of the Court of Session, on 26 June 1866, adhered to the Lord Ordinary's Interlocutor, and on appeal to the House of Lords the decision was again affirmed on 16 July 1867, Lord Chancellor Westbury and Lord Chelmsford being for, and Lord Wensleydale being against. John Alexander Gavin Campbell was sometime captain in the 1st Royals. He married, 20 April 1853, Mary Theresa, daughter of John Edwards, Dublin. She died at Nice, 27 February 1870. He died 20 March 1871, aged forty-seven, at the Albany, Piccadilly, with issue. 1. GAVIN, seventh Earl. 2. IVAN, born 17 November 1859 ; Deputy Lieutenant of 1 Joint- App., 670. 2 Respondent's Case, H. L., 33, and his Evidence, 678. CAMPBELL, MARQUESS OF BREADALBANE 213 the county of Argyll; lieutenant 79th Regiment; captain in 3rd Battalion Royal Scots, served in South Africa, 1899-1900 ; one of H.M. Hon. Corps of Gentle- men-at-Arms ; married, 23 July 1884, Lady Margaret Elizabeth Diana Agar Ellis, daughter of James, third Earl of Normanton, and has : — (1) Ian Edward Herbert, born 14 June 1885. 3. Norman, born and died in 1866. 4. Eva, born 22 July 1855, married 2 May 1876, John Cuthbert, second son of the Rev. S. J. Heathcote, vicar of Williton, co. Somerset, and has issue. VII. GAVIN (CAMPBELL), seventh Earl of Breadalbane and Holland, etc., son and heir, born 9 April 1851, at Fermoy, co. Cork; educated at St. Andrews College; sometime Lieutenant Renfrew Militia and (1882) Salop Yeomanry Cavalry ; Assistant Director and Deputy Chair- man of Ambulance Department and Knight of Justice of the Order of St. John of Jerusalem; Brigadier-General Royal Company of Archers; was one of the Lords-in-waiting on Queen Victoria, March 1873 to February 1874; Treasurer of the Household, May 1880 to June 1885 ; on 25 March 1873 he was created BARON BREADALBANE OF KEN- MORE, co. Perth ; and on 11 July 1885 was created EARL OF ORMELIE, co. Caithness, and MARQUESS OF BREADALBANE ; Lord Steward of the Household, 1892- 95 ; Knight of the Garter, 7 March 1894 ; Lord High Com- missioner to General Assembly of the Church of Scotland, 1893-95 ; Deputy Lieutenant co. Argyll ; J.P. for co. Argyll and Perth ; Colonel 5th Volunteer Battalion, Black Watch. He married, 27 July 1872, at Trinity Church, Cowes, Isle of Wight, Alma Imogen Leonora Charlotta, youngest daughter of John (Graham), fourth Duke of Montrose, by Caroline Agnes, daughter of John (Beres- ford), second Baron Decies. She, who was born 7 Septem- ber 1854, was an extra Lady-in-waiting to H.R.H. the Duchess of Albany. The King of Sweden and Norway conferred upon him in 1902 the Order of the Seraphim, one the oldest orders of knighthood. CREATIONS. — Earl of Caithness, Viscount of Breadalbane, Lord St. Clair of Berriedale and Glenurchy, in the Peerage 214 CAMPBELL, MARQUESS OP BREADALBANE of Scotland, 28 June 1677. Earl of Breadalbane and Holland, Viscount of Tay and Paintland, Lord Glenurchy, Bender- aloch, Ormelie, and Wick, in the Peerage of Scotland, with the former precedence, 13 August 1681. Baron Breadal- bane of Taymouth Castle, in the Peerage of the United Kingdom, 13 November 1806 (extinct). Earl of Ormelie and Marquess of Breadalbane, 12 September 1831 (extinct). Baron Breadalbane of Kenmore, 25 March 1873, Earl of Ormelie and Marquess of Breadalbane, 11 July 1885 ; all in the Peerage of the United Kingdom. ARMS.— Quarterly : 1st and 4th, Gyronny of eight or and sable ; 2nd, a lymphad sable, sails furled, oars in action, flags and pennons flying ; 3rd, or, a fess chequy azure and argent. CREST. — A boar's head erased, proper. SUPPORTERS. — Two stags proper, attired and unguled, or. MOTTO. — Follow me. [j. M'G.] BRECHIN, LORD OF BRECHIN ENRY OF BRECHIN, who was the first who gave name to this family, was a natural son of David, styled Earl of Hunting- don, the younger brother of Malcolm iv. and Wil- liam the Lion, Kings of Scotland. The date of his birth is not known, but he was old enough to witness a charter by his father between 1201 and 1207,1 along with another natural son of Earl David, Henry of Stirling. These two ap- pear not infrequently in charters by their father, their half-brother John, Earl of Huntingdon, and others of the period. In 1204 his father made interest with King John of England, and paid or offered 1000 merks to obtain for him the hand of a rich heiress, Matilda de Cauz, but the matrimonial project failed.2 In 1205, however, another heiress was found whom apparently he married.3 He is probably the Henry, son of Earl David, who was with King John in Ireland in 1210. He is frequently named in English records in connection with his father's affairs.4 1 Chartulary of Lindores, Scot. Hist. Soc., ii. 237. 'Henry, son of the Earl ' (David), occurs in a writ between 1191 and 1194, but there is no evi- dence as to which Henry is meant (Ibid., 284, 285). 2 Cal. Doc. Scot., i. Nos. 334, 350. The documents simply style him Henry, son of Earl David, which might apply also to Henry of Stirling, but Mr. Bain assumes, no doubt correctly, that Henry of Brechin was the intended bridegroom. 3 Ibid., No. 365. 4 Ibid., Nos. 475, 477, 478, 622, 623. 216 BREOHIN, LORD OP BREOHIN He was a witness to his father's will.1 It is not clear when he obtained the designation of Henry of Brechin, but he is so named in a charter probably dated before February 1215, and to which his father and two brothers were witnesses.2 The lordship of Brechin is said to have been granted by King William the Lion to his brother Earl David, who conveyed it to his son Henry. If so, the latter must have received it before the date of the charter cited. He is found as Henry of Brechin, attending the King's Courts held at Forfar in 1225 and 1227.3 Between that and 1242 he appears as Henry of Brechin, son of Earl David, granting, in the name of Juliana, his wife, and William, his son, a charter to the Abbey of LindOres, of which his father was the founder. He bestows on the monastery an annualrent of twenty shillings, desiring that he and his wife should be buried at Lindores, because there they had chosen a place of sepulture, as persons who have been received to the confraternity of the house, and to participation of its prayers and spiritual benefits.4 He was one of the magnates of Scotland who, in 1244, swore to aid Alexander n. to keep the truce or agreement entered into with England in 1237, and he apparently deceased before August of the following year, when his son is in possession.5 His wife's name was Juliana, and she was probably the daughter and heiress of Ralf de Oornhill, whom in July 1205, King John bestowed on him in marriage, with her estates.6 Henry and Juliana had issue, so far as recorded, a son : — SIR WILLIAM OF BRECHIN, who is first named by his father in the latter's charter to Lindores, already cited. He apparently succeeded his father before 30 August 1245, as on that date, while at Lindores, he granted to the monks there lands round or in the neighbourhood of their church of Rathmuriel (Christ's Kirk on the Green), now the eastern portion of Kennethmont parish, Aberdeen- shire.7 This shows he had inherited some of his grand- 1 Chartulary of Lindores, Nos. 719, 1000. 2 Ibid., 93, cf. 265. 3 Acta Parl. Scot., i. 91, 406. 4 Chartulary of Lindores, 66. 5 Ibid., 61. 6 Cal. Doc. Scot., i. No. 365. 7 Chartulary of Lindores, 60, 61. This has been claimed as the scene of the poem ' Christis Kirk on the Green ' (old Statistical Account, sub voce Kenethmont). The old name Rath or Rothmuriel seems to survive partially at least in * Murrell,' a neighbour- ing farm. BREOHIN, LORD OP BREOHIN 217 father's Garioch estates. At a somewhat later date he confirmed the grant of twenty shillings yearly made by his father, having in the interval been made a Knight.1 One of his residences, if not the chief, appears to have been his castle of Lindores, as in the beginning of 1249 he makes arrangement for divine service to be performed there when he required it, and obliged himself to provide all necessaries for the officiating chaplain. The chapel of the castle, built, as appears, by desire of David Bernham, Bishop of St. Andrews, is to be kept in repair by the granter. This charter was made at Bishop Bernham 's manor of Inchmurthach, now Inchmurdo, on 7 March 1248-49.2 Sir William appears to have taken some part in public affairs, though he is not referred to until after the death of Alexander n. He was a witness to a charter by the young King, Alexander HI., on 19 August 1251, 3 and was present in the Parliament of 20 September 1255, being then appointed on the Council who were to regulate the affairs of the King in the English interest.4 But this Council only held office for three years, and Sir William for a time at least is not named in public affairs. He was a generous benefactor of the Church. In 1261 he entered into a special agreement with the abbot and convent of Lindores,5 and he was founder of a chapel at Brechin in connection with a maisondieu or hospital, which in or about 1267, or a little later, he endowed with a definite portion of property. He describes himself as Sir William of Brechin, son of Henry, son of Earl David, and conveys to the master, the chaplains, and the poor men there to be serving God, all the land in which the chapel was situated, also the mill of Brechin, with the multures due to it, no doubt a yaluable consideration.8 Sir William was present at the completion of the marriage- contract of the Princess Margaret of Scotland with Eric, King of Norway, on 25 July 1281, and he swore allegiance 1 Chartulary of Lindores, 67, 68. He is described (42, 43) as Sir William of Brechin, Knight, in charters dated before or on 9 August 1248. 2 Ibid., 68, 69. 3 Laing Charters, No. 7, where the year is incorrectly given as 1252. 4 Acta Parl. Scot., i. 419. 6 Chartulary of Lindores, 142, 143 ; agreement dated 12 November 1261. 6 Reg. Epis. Brechinensis, i. 4-6 ; Beg. de Pan- inure, i. 205. The writ is undated, but must be about 1267, when Sabine became Abbot of Arbroath, and before 1269, when Albinus, Bishop of Brechin died. 218 BREOHIN, LORD OP BREOHIN to her infant daughter on 5 February 1283-84.1 His last recorded appearance is as one of an inquest who decided as to the ownership by Christian Maule of some pasture-land in the holding of Panmure on 14 October 1286.2 He died before 10 December 1292.3 Sir William of Brechin married, according to Wyntoun, the fourth daughter of Alexander Oomyn, Earl of Buchan, by Elizabeth de Quincy, and it is probably she who as Elena, relict of Sir William of Brechin and Lady of Kin- loch, granted, on 24 August 1302, two small portions of land to the monks of Lindores to be used for stacking peats and for buildings erected to preserve the abbey fuel.4 Sir William had issue, so far as recorded, one son : — SIR DAVID OF BRECHIN, who is first named as the son of the late Sir William of Brechin in a writ dated 10 December 1292, when King Edward i. made a grant of his marriage to Sir John de Oalantir or Oallendar, a grant renewed two years later, 18 June 1294.5 In 1296 he was on the English side in the battle of Dunbar, and took prisoner the son of Sir Simon Fraser. For this, or at least about the same time, he had a grant from King Edward of Alan Dorward's lands.6 In the same year he appears on the homage roll as of the county of Forfar.7 In the following year he again swore fealty and bound himself to go to Scotland and prepare himself to accompany Edward against the King of France, failing which he was to return south of Trent, where he had been at the King's will.8 This suggests that he was a prisoner on parole, and a fortnight later a protection or safe-conduct was granted him to go to Scotland.9 Some time afterwards he had attained the rank of knighthood, and he was present with other Scottish barons at Peebles on 19 August 1299, when the Bishop of St. Andrews, Robert Bruce, Earl of Oarrick, and Sir John Oomyn, younger, were appointed guardians. Sir David was then in the train of the Earl of Oarrick, and departed with him towards Annandale and Galloway.10 He 1 Acta Parl. Scot., i. 423, 424. 2 Stevenson's Historical Documents, i. 26. 3 Rotuli Scotice, i. 13. 4 Chartulary of Lindores, 176, 177. 5 Eotuli Scotia, i. 13, 21. e Palgrave, 315, 355. f Cal. Doc. Scot., 199, 209. 8 Ibid., No. 883. 9 Ibid., No. 961. 10 Ibid., No. 1978. 19 August 1299 is usually assigned as the date of this meeting, but it may have been a year earlier, as a writ by Robert Bruce, Earl of Carrick, in his own name and that of his co-guardian, John Comyn, is dated 2 December 1298. — Com- municated by Mr. J. R. N. Macphail, Advocate. BRECHIN, LORD OF BRECHIN 219 was still in that district in 1301, and was one of a strong force under Sir John Soulis and his own most intimate friend Sir Ingram Umfraville, who made a stern but un- successful assault on the castle of Lochmaben, then held by an English garrison.1 Sir David was wounded in the second day's fight, and the Scots army retired, not without caus- ing alarm among the English officials. He continued on the patriotic side until February 1304, when the leaders showed signs of wavering. He then had a safe-conduct to King Edward, and on 7 July of that year did homage at Stirling, where the King was conducting the siege of the castle, and received a precept for the restoration to him and his wife of her lands in England.2 It was perhaps at this time that his lands of ' Lyirdwode ' or Legerwood in Berwickshire were restored to him. They had been granted to Robert Hastings, who received compensation from Edward u.3 On 31 May 1305 Sir David was at Perth, and acted as one of a jury who gave a verdict as to the ownership of the barony of Orail. He is frequently named in the English records,4 and was appointed to hold Dundee for Edward i. In July or August 1307 he and his friend Ingram de Um- fraville were quartered at Ayr with a number of other knights under the command of Sir Aymer de Valence.5 He continued in the service of King Edward n., fought against Bruce at the battle of Inverury,6 and in May 1308 received Edward's thanks for his fidelity, receiving, a year later, a present of four casks of wine.7 Between that date and 15 June 1310 he had joined the Scots, as he was then received to the King's peace.8 Perhaps it was in the interval that he surrendered the castle of Brechin to the Scots, though it cannot be said that authorities agree as to the date. In the early months of 1312 he was at York with the King, and was paid his arrears of wages for him- self and his garrison at Dundee, though apparently in 1 Stevenson's Hist. Doc., ii. 432. 2 Cal. Doc. Scot, Nos. 1455, 1574, 1584, p. 416. 3 Ibid., iii. No. 258. 4 Ibid., No. 1670, 1716, 1717, 1876. 5 Ibid., 1961. 6 Barbour's The Brus, Spalding Club, 199. On p. 203 Barbour states that as a result of the fight Sir David took refuge in his own castle of Brechin, where he was besieged by David, Earl of Atholl, and submitted to Bruce. But it is doubtful if the Earl of Atholl was in Scotland at the date assigned to the battle of Inverury. 1 Cal. Doc. Scot. , iii. Nos. 43, 121. 8 Rotuli Scotice, i. 82. 220 BRECHIN, LORD OF BREOHIN January he had gone to Roxburgh on the King's affairs.1 In April he was appointed Warden of Berwick-on-Tweed, his horses and those of his men being duly valued, his own charger, a black destrier, being estimated at fifty marks. But he held the office, or at least drew wages for himself and his garrison, from 25 April to 13 May only, and in the account he is styled Sir David of Brechin, banneret.2 He may have been again sent to Dundee, as his horse was valued there in 1312,3 but his movements are difficult to trace. It is possible he may have been taken prisoner at Bannockburn, as on 4 October 1314 his wife received a safe-conduct to go to Scotland for release of her husband.4 His daughter was married on or about 26 March 1315, and he witnesses a charter of King Robert between 1315 and 1320.5 The next notice of him in English record is on 27 August 1317, when Edward n. empowers his Chancellor to issue letters in his favour, as he has received him to peace, and pardoned his offences.6 On 6 April 1320 Sir David appended his seal to the letter from the barons and community of Scotland to Pope John xxii., declaring their intention to maintain the in- dependence of their country. Unhappily his own career was cut shbrt a few months later in a tragic manner, con- nected with an alleged conspiracy, which to this day is involved in mystery. Fordun states that about August 1320 a plot was discovered of treason against King Robert, and that at a Parliament held at Scone in that month those accused were found guilty. He does not explain the nature of the treason. Barbour says it was proposed to dethrone Bruce and make Sir William Soulis king, and Crawford states it was a conspiracy to surrender Berwick back to the English. Whatever it was, those who were seized and convicted were barbarously punished, and while the other accused seem to have been little lamented, the fate of Sir David Brechin was much pitied. He was said to have fought in the Holy Land against the Saracens, and while there so distinguished himself by valour that among those who knew him he was styled the 4 Flower of knight- 1 Cal. Doc. Scot., Nos. 238, 283. 2 Ibid., Nos. 267, 268, 273, pp. 396, 399, 415. The horses were valued that they might be replaced if lost or killed. 3 Ibid., 429. 4 Eotuli Scotice, i. 132. 5 Reg. de Panmure, ii. 219; Original charter in Gen. Reg. Ho., No. 80. 6 Cal. Doc. Scot., iii. No. 569. BREOHIN, LORD OP BREOHIN 221 hood.' His offence, too, was comparatively lenient. He was in no way concerned in the plot, was indeed wholly opposed to it, but had known of it, and was compelled to take an oath of secrecy. For his silence, and his failing to inform the King, he was condemned and executed. Bar- bour relates how Sir Ingram de Umfraville, who had been a prisoner since Bannockburn, remonstrated with King Robert as to Sir David's fate, and desired leave to go to England.1 Buchanan, in his history, almost sheds tears over the fate of one whom he describes as a youth, and the nephew of the King. But it will be clear from the fore- going narrative that he was not a young man, and that there was only one Sir David Brechin, and not two, as hitherto assumed, on insufficient grounds, by Buchanan and others.2 His long devotion to the English service may have prejudiced King Robert against him. His first seal, attached to two homages in 1296 and 1297, shows a shield bearing three piles, not in point. Legend 4 S. DAVID DE BRECHIN.' For his second seal, see below. Sir David was twice married. His first wife was Mar- garet, daughter and heiress of Sir Alexander of Bonkill, and widow of Sir John Stewart, called of Bonkill, who was killed at Falkirk in 1298. This is proved by the precept to restore her lands in July 1304, already cited, and also by a document referred to by Mr. Bain. From an inquiry made by the Bishop of Carlisle as to a disputed patronage of the church of Uldale which had belonged to her, it appears that she died about September 1304, that she was twice married, first, to John [Stewart], and secondly, to David Brechin, and had issue to both. Her heir by John Stewart was still a minor. Brechin, it seems, questioned the validity of her first marriage, and his own was also doubtful, but he had obtained a papal dispensation.3 It is less easy to say who was Sir David's second wife. She is named Margery in a safe-conduct in 1314, and it is not improbable that she was a Ramsay, as the seal under his name appended to the Pope's letter on 6 April 1329, shows 1 The Brus, Spalding Club, 438-442; cf. Cal. Doc. Scot., Hi. Nos. 721, p. 435. 2 Cf. Fordun a Goodall, ii. 74 ; Crawford's Peerage under Brechin, and Cal. Doc. Scot., Hi. 28, n., where Mr. Bain was the first to notice this mistake. 3 Cal. Doc. Scot., ii. p. 58, Nos. 1455, 1574, 1584 ; Ninth Rep. Hist. MSS. Com., App. 1816. 222 BRECHIN, LORD OF BREOHIN three shields point to point, bearing respectively three piles for Brechin, three garbs for Comyn, and an eagle with wings displayed, probably for Ramsay, as the seal has the legend 4 Maria de Rame . . . .y but nothing further can be stated on the subject. It is, however, evident that Sir David's alleged relationship by blood or marriage to King Robert Bruce is rendered more than doubtful. Sir David had issue, so far as known, only by his first wife, one daughter, Margaret, who was married, about 1315, to Sir David Barclay. SIR DAVID BARCLAY, who became Lord of Brechin through his wife, the daughter of Sir David Brechin, was lord of Oairny, Murdochcairny, Auchtermoonzie (now Moonzie), Torr, and Kinsleaths in Fife, and apparently of Eddleston in Peeblesshire and Hyndford in Lanarkshire.2 It has not been ascertained to what family he belonged, but it is apparently he who is described in the homage roll of 1296 as of the county of Fife.3 He received from King Edward i. a grant of the lands of Avoch in Ross-shire, but about 1307 Hugh Ross, son of the Earl of Ross, petitioned Edward n. that the lands might revert to him, as Sir David Barclay had joined Bruce.4 This corroborates Barbour, who implies that Barclay had joined Bruce before the battle of Methven, and he was apparently taken prisoner there, on 19 June 1306.5 Nothing farther is known of him for some years, and he may have remained a captive until after Bannockburn, as the next notice of him is on 26 March 1315, when he granted certain lands to his future wife. After the death of his father-in-law, Sir David Brechin, in 1320, Sir David Barclay received from King Robert Bruce a grant of his forfeited lands of Rothiemay, Brechin, Kinloch, and others.6 Henceforth he appears as Lord of Brechin.7 In 1327 and 1329 he was one of the Auditors of Exchequer, and he was Sheriff of Fife in 1328. He acted as Steward of the Household of the young Earl of Carrick, after- wards David ii., and he had superintendence of the burial 1 Eotuli Scotice, i. 132; Acta Parl. Scot., i., figure of seal in facsimile. 2 Reg. de Panmure, ii. 220. 3 Cal. Doc. Scot., ii. 209. 4 Col. Doc. Scot., ii. 400. 5 The Brus, Spalding Club, 40. 6 Robertson's Index, 18, 26. 7 Cf . Reg. de Panmure, ii. 220. BRECHIN, LORD OF BRECHIN 223 arrangements of King Robert Bruce at Dunfermline in 1329.1 In 1342, he, by command of King David n., seized and imprisoned in Lochindorb an ambitious churchman, William Bullok, who had fallen under the King's dis- pleasure.2 Some years later, probably on account of some feud, or perhaps in revenge for the death of Sir Alexander Ramsay, he procured the death of John Douglas, brother of Sir William Douglas, the 4 Knight of Liddesdale,' at a place called 'Forgywood.' In revenge he was himself assassinated by hired assassins at Aberdeen, on 25 January 1350, under circumstances of cruelty and treachery.3 By his wife Margaret Brechin he had issue : — 1. SIR DAVID, who succeeded. 2. Jean, who married Sir David Fleming, and had issue, two daughters : — (1) Janet, mother of Alexander Seton. Neither this Alexander Seton nor his father have been clearly identified.4 It was proposed, about 1398, to marry him to Elizabeth Erskine, daughter of Sir Thomas Erskine and Janet Keith or Barclay, his spouse, but she married Duncan "Wemyss of Reres.5 (2) Marion, who married, about 1380, William Maule of Panmure, and was the ancestress of the Maules, Earls of Panmure. (See that title.) Her grandson, Thomas Maule, was, in 1437, acknowledged as heir of line of the lordship of Brechin.6 SIR DAVID BARCLAY, Lord of Brechin, does not appear on record till after his father's death, and then very seldom. In 1363, as Lord of Brechin, he confirms a charter of Dun- more in favour of Roger Mortimer, and he also granted, at an uncertain date, a charter of the lands of Kinsleath to his cousin, Hugh Barclay, son of his uncle, David Barclay.7 It was apparently he who had a safe-conduct, on 5 February 1362-63, to pass through England to Prussia, and in the following December, and on 13 October 1366, he had other safe-conducts, in the last of which he is styled 'miles.1 The exact date of his death is not known, but he was dead some time before 16 April 1369.8 1 Exch. Rolls, i. 215. 2 Cf. Ibid., ii. p. cxxiv. 3 Fordun a Goodall, ii. 348. 4 But see Family of Seton, i. 90, 91 ; and a writ of 1341 in Reg. de Pan- mure, ii. 164, 165. It may be noted that Sir William Seton of Seton in 1402 styles David Fleming of Biggar his brother. Writ dated 14 May 1402 in Wigton Charter-chest, copy in H.M. Gen. Reg. Ho. 5 Reg. de Panmure, ii. 230. 6 Ibid., 178, 228-230. • Ibid., ii. 222. 8 Reg. Mag. Sig., folio vol. 64, No. 209. 224 BREOHIN, LORD OF BRECHIN He married Jean, or Janet, daughter of Sir Edward Keith of Synton, and of Christian Menteith, second daughter of Sir John Menteith of Arran and Ellen of Mar, and by her had one daughter Margaret. Janet Keith, or Barclay, married, secondly, before 16 April 1369, Sir Thomas Erskine, son of Sir Robert Erskine, who had married her mother, Christian Menteith. On the date named, King David n. granted certain lands in Stirling- shire to Sir Thomas Erskine and Jean Barclay his wife. Sir Thomas died in 1405, and was survived by his wife till about 1413.1 Sir Robert Douglas in his Peerage of 1764 gives the Erskine pedigree correctly, and the confusion which has arisen since is caused by overlooking the fact that Jean Keith, widow of Sir David Barclay, and Jean Barclay, who married Sir Thomas Erskine, were one and the same person, she having, as did her mother and various other ladies of that period, retained the name of her first husband when she married again. Her identity is proved by a witness who, in 1437, declared on oath that he had been from his youth in the household of Sir Thomas Erskine and his wife, and he speaks of her as the mother of the Countess of Atholl, and therefore the widow of Sir David Barclay of Brechin.2 The daughter of Sir David, Margaret, Lady of Brechin, appears at first as in the charge of Sir Thomas Erskine, and doubtless of her mother, and probably remained there until her marriage, some time before 19 October 1378, to Walter Stewart, the second son of King Robert n., by his second wife, Euphemia Ross, and in her right he became Lord of Brechin. (See also vol. i. p. 438.) She predeceased her husband, by whose forfeiture, in 1437, the lordship passed into the hands of the Crown, in default of the heir of line, Sir Thomas Maule of Panmure, though his heirs acquired their ancient inheritance again by purchase in 1634.3 (See title Panmure.) ARMS. — Or three piles gules. [J. A.] 1 Exch. Rolls, iv. 260. 2 Eeg. de Panmure, ii. 230; Mar Peerage Minutes, 513, Pedigree by George Erskine, 1709. 3 Reg. de Panmure, i. p. xl. ; ii. 224-226. SCOTT, DUKE OF BUCCLEUCH ICHARD LE SCOT of Rankilburn, and Murth- ockston, appears among the barons of Scotland! who swore fealty to King Edward i. of England 1296. He is the first ancestor of this family of whom there is definite record, and is styled in the Homage Roll as ' of Murthoxton ' or Murth- ockstoun, now Murdies- toun, in the county of Lanark, which he is tra- ditionally said to have acquired by his marriage with the daughter and heir of Murthockstoun of that Ilk. But he had also lands in Selkirkshire, which were restored to him in September 1296.1 He is said to have died about 1320.2 His next successor on record was ROBERT SCOTT of Rankilburn and Murthockston, who died before 7 December 1389, and was succeeded by his son, SIR WALTER SCOTT of Rankilburn and Murthockston, a gallant and brave man, who performed many signal actions 1 Cat. Docs. Scot., ii. 198, and No. 832. 2 Fraser's Scotts of Buccleuch, i. 10. On this work this article is chiefly based, and it is tacitly referred to when no other authority is mentioned specifically. In it, however, Richard le Scot is said to have died in 1320, and to be succeeded by a Michael. But of this last there is no evidence, while Michael Scot was then the laird of Balwearie in Fife. Richard Scott may have lived beyond 1320, and his successor may have died some years before 1389. VOL. II. P 226 SCOTT, DUKE OP BUCCLEUOH for the service of the Crown. He had from King Robert n., with consent of his eldest son John, Earl of Carrick, a charter dated 7 December 1389 of the superiority of the barony of Kirkurd.1 In 1398 he was one of those principal persons on the Borders who were bound to keep the peace of the Marches. He was killed at the battle of Homildon Hill, 11 September 1402, and was succeeded by his son, ROBERT SCOTT of Rankilburn and Murthockstoun, who confirmed a charter, dated at Murthockstoun 18 February 1406-7, by his vassal Thomas Fraser. He excambed the lands of Glenkery with the monks of Melrose for the lands of Bellenden, 28 May 1415, reserving the right to hunt and fish.2 He acquired part of the lands of Branxholm, so long associated with his family. He resigned the lands of Lempidlaw in favour of his son Walter 1426, in which year he died. He had two sons : — 1. WALTER, who succeeded. 2. Stephen of Castlelaw, who acquired in 1448, from John Burel of Eckford, the granter's lands of Burellands, in the barony of Eckford.3 SIR WALTER SCOTT of Buccleuch. He obtained from King James i. a grant of the Mains of Eckford, in the county of Roxburgh, as a reward for his capture of Gilbert of Rutherford, a noted reiver, which grant was completed by King James n., by charter dated at Stirling 3 May 1437.4 He exchanged his lands of Murdiestoun in 1446, with Thomas Inglis of Manor, for half of the lands of Branx- holme, of which he already possessed the other half. Tradi- tion imputes the exchange to a conversation betwixt Scott and Inglis, who complained much of the injuries he was exposed to from the English Borderers, who frequently plundered his lands of Branxholm. Scott instantly offered him the estate of Murdiestoun by way of excambion ; when the bargain was completed, he drily observed that the Cumberland cattle were as good as those of Teviotdale, and proceeded to commence a system of reprisals upon the English which was regularly pursued by his successors. He was one of the conservators of truces with England 1 Fraser's Scotts of Buccleuch, ii. 15. 2 Liber de Melros, ii. 547. 3 Scotts of Buccleuch, ii. 37. * Ibid., 30. SCOTT, DUKE OF BUOOLEUOH 227 1449, 1451, 1453, 1457, and 1459. He exerted himself actively in suppressing the rebellion of the Douglases in 1455, and rose high on the ruin of that powerful family, obtaining from King James n. a grant of their lands of Abington, Phareholme and Glendonanrig, by charter dated 22 February 1458-59.1 He and his son Sir David also had from King James n. a grant of the remaining half of the lands of Branxholm to be held blench for payment of a red rose at the feast of St. John the Baptist.2 They like- wise had part of the barony of Langholm in Dumfriesshire conferred on them. He was present in Parliament at Edinburgh in 1464,3 and died before 9 February 1469. He married Margaret Oockburn (living 1463) of Hender- land, and had three sons : — 1. DAVID, his heir. 2. Alexander of Abington and Howpasley, who died before 21 May 1488. He had two sons, Walter of Howpasley,4 and Adam, both named in the charter of 21 May 1488 cited below. 3. James of Kirkurd, ancestor of the families of Hassen- dean, Burnhead, etc. His descendants, however, are not mentioned in the charter of 1488. DAVID SCOTT of Buccleuch, the eldest son. He was con- cerned in most of the public transactions in the reign of King James in., was instrumental in suppressing insurrec- tions on the Borders, and was a conservator of peace with England. He sat in Parliament in 1481 as David Scott of Kirkurd, and in the Parliament of 1487,5 being then styled 'Dominus de Bucluche.' For his services at the battle of Blackness he received a charter from King James in. erect- ing the lands of Branxholm, Eckford, and others into the barony of Branxholm 21 May 1488.6 He died in March 1491-92, and was buried in the church of the Holy Cross at Peebles. He had issue : — 1. Walter, his eldest son, contracted before 28 June 1465 to Katherine, daughter of John Lindsay of Covington. He died, vita pair is, before 1471. 1 Reg. Mag. Sig. 2 Scotts of Buccleuch, ii. 60. 3 Act a Parl. Scot., ii. 84. 4 Twelfth Rep. Hist. MSS., App. viii. 146, 147. 6 Acta Parl. Scot., ii. 175. 6 Scotts of Buccleuch, ii. 89. 228 SCOTT, DUKE OF BUOOLEUOH 2. DAVID, of whom afterwards. 3. Robert of Allanhaugh, received from his father the lands of Whitchester in 1483, from whom the Scots of Scotstarvit trace their descent. 4. William, married in 1472, apparently died s. p. 5. Janet , married (contract dated November 1470), to Sir James Douglas, son and apparent heir of Sir William Douglas of Drumlanrig.1 6. Margaret, said to have been married to James Haig of Bemerside.2 7. married to John Lindsay, eldest son of John Lind- say of Oovington.3 8. Isabella, married, first, before her father's death, to Sir Symon Oarruthers of Mouswald ; secondly, to John Murray of Falahill.4 DAVID SCOTT, younger of Buccleuch, second son, but after 1471 apparent heir, of David Scott of Buccleuch, died, vita patris, before 21 May 1488. He married, in 1472, Jane Douglas, daughter of George, fourth Earl of Angus,5 and bad a son : — 1. WALTER, of whom below. SIR WALTER SCOTT of Buccleuch, Knight, son of David Scott, younger of Buccleuch, succeeded his grandfather, David Scott of Buccleuch, in 1492, when he was retoured heir in the lands of Branxholm.6 He died before 15 April 1504,7 having married Elizabeth, daughter of Walter Kerr of Oessford, widow of Philip Rutherford, son and heir-apparent of James Rutherford of that Ilk. She survived Sir Walter until 19 October 1548, being burned to death in the tower of Oatslack, which was fired by the English.8 They had issue : — 1. WALTER, his heir. 2. William of Whitehope, who had a charter of the lands of Whitehope 17 July 1515 from James Douglas of Whitehope. His brother Sir Walter was served heir to him in 1523. SIR WALTER SCOTT of Buccleuch, Knight, 4 Wicked Wat » 9 1 Scotts of Buccleuch, ii. 69. 2 Cf. Reg. Mag. Sig., 14th February 1489. 3 Scotts of Buccleuch, i. 74. 4 Acta Dom. Cone., viii. f. 89; xvii. f. 177. l. *Ibid.,95-91. TIbid.,m. »IMd.,lSl. 9 Satchel's History, 48. SCOTT, DUKE OF BUOCLEUOH 229 succeeded his father. He was probably knighted at the battle of Flodden, at which he fought 9 September 1513, and where he lost many of his kinsmen. He was retoured heir to his father 27 October 1517, and was appointed in 1519 by Robert, Abbot of Melrose, bailie of the Abbey lands. This was shortly afterwards made hereditary, and confirmed by a charter under the seal of the papal Penitentiary, dated Rome, 17 May 1525. He was warded in Edinburgh in 1524 on account of a dispute with the Queen-Dowager of James iv. regarding her dower lands in Ettrick forest, but he escaped the same year and associated himself with the party of the Earls of Angus and Lennox. He received letters of pardon under the Privy Seal, 9 May 1526, for an attempt to capture the Earl of Arran. During the same year he was defeated, on the 25 July, at Darnick near Melrose, by the Earl of Angus, in an attempt to free the young King James v. from the Douglas faction. For this he was exiled under a penalty of £10,000 Scots. Letters of remis- sion were granted 3 December 1527, and he was made principal cupbearer.1 He received a pardon under the Great Seal 10 February 1527-28, and by Act of Parliament 5 September 1528. In October 1532 the Earl of Northumber- land burned Branxholm Tower, and Buccleuch retaliated by a formidable raid into England. In 1535 he was accused of assisting Lord Dacre and warded in Edin- burgh, 19 April 1535, at the King's will, but was released before 13 May 1536,2 though again imprisoned in 1540. He opposed the marriage of the infant Queen Mary to Prince Edward of England, and mutual raids resulted. He was made, in 1543, Keeper of Newark Castle for nineteen years, and fought at the battle of Pinkie 10 September 1547. He submitted to Edward vi. of England with consent of the Governor Arran in that year, but in 1548 the English took and burned Newark, and a feud began with the Kerrs. In 1550 he was made Warden of the middle Marches, and in 1551 Warden and Justiciar of Liddesdale. He was killed on 4 October 1552 by the Kerrs, who attacked him in the High Street of Edinburgh, and ran him through with swords.3 He married, first, before 4 September 1523, 1 Buccleuch Charter-Room. 2 Hamilton Papers, ii. 740. 3 Scotts of Buccleuch, i. 65-125. 230 SCOTT, DUKE OF BUCOLEUCH Elizabeth Carmichael, a daughter of the family of that Ilk,1 who died before 1530, with issue, two sons : — 1. David, to whom his father conveyed the lands and baronies of Branxholm, Rankilburn, Eckford, and Kirkurd, 20 October 1528. He died, vita patris, before 1544, unmarried. 2. SIR WILLIAM SCOTT of Kirkurd, of whom afterwards. He married, secondly (contract dated January 1529-30), Janet, daughter of Andrew Kerr of Fernihirst, widow of George Turnbull of Bedrule,2 and had no issue. They were divorced, and she was living in 1555. He married, thirdly, before June 1544, at the instance of Cardinal Betoun,3 Janet, daughter of John Betoun of Creich, widow of Sir James Crichton of Cranston Riddel and divorced wife of Simon Preston of Craigmillar, who survived him. She marched at the head of two hundred men to the Kirk of St. Mary of the Lowes, breaking its doors open to seize the Laird of Cranstoun. Later, she favoured the alliance of Bothwell and Queen Mary, and was said to have influenced them by witchcraft.4 She died January 1568-69, leaving issue : — 3. Walter. 4. David. 5. Grisel, married to William, seventh Lord Borthwick, with whom she lived unhappily. She was accused of an intrigue with Walter Scott of Tushielaw 15 January 1579-80, but 4 the assyse was desert.' 5 She married, secondly, Walter Cairncross in Lugatt, son of John Cairncross of Colmslie, before 1593.6 6. Janet (contracted 1564-65 to George Kerr, younger of Fawdonside), married to John Cranstoun of that Ilk. She was the wife of Robert Scot of Haining in 1580.7 7. Margaret, probably the wife of Robert Scott of Thirl- stane.8 She was accused of an intrigue with William, Lord Borthwick, and was cited before the Justices. Thomas Borthwick of Midilton was 4 amerciated * for her non-appearance 15 January 1579-80.9 He had also a natural son, Walter Scott of Goldielands, who led the Scotts during the minority of Buccleuch.10 1 Scotts of Buccleuch, ii. 140. 2 Ibid., 156-157. 3 Hamilton Papers, ii. 640. 4 Buchanan's Detection, 151. 5 Pitcairn's Criminal Trials, i. 84. 6 Laing Charters, 1256. 7 Reg. of Deeds, xix. f. 401. 8 Cf. M'Call's Some Old Families, 189-190. 9 Pitcairn's Criminal Trials, i. 84. 10 Scotts of Buccleuch, i. 177. SCOTT, DUKE OF BUCCLEUCH 231 SIR WILLIAM SCOTT of Kirkurd, Knight, younger of Buc- cleuch, eldest surviving son of Sir Walter Scott by his first wife. He early took part with his father in the Border forays, and was present at the battle of Pinkie. He entered in 1549 into a bond of manrent with Mary of Lorraine, the Queen Regent.1 He died, vita patris, shortly before 19 May 1552, having married Grisel, second daughter of JohnBetoun of Oreich, sister of Dame Janet Betoun, his father's third wife. She survived him, marrying, secondly, Sir Andrew Murray of Blackbarony. He had issue : — 1. WALTER, succeeded his grandfather. 2. Janet, married, as second wife, to Sir Thomas Kerr of Fernihirst, who died in 1586, with issue. 3. Margaret, married (contract 7 August 1568) to Sir John Johnstone of that Ilk, and had issue. (See Annandale.)* She was buried 1 February 1618.2 4. Elizabeth (contracted 22 March 1564-65 to Thomas Kerr, second son of Sir Walter Kerr of Cessford, which contract was apparently not carried out), married to John Oarmichael of Meadowflat. SIR WALTER SCOTT, Knight, of Branxholme and Buccleuch, succeeded his grandfather, Sir Walter Scott, in 1552. Born 1549, 4a man of rare qualities, wise, true, stout, and modest.'* To end the feud with the Kerrs several marriages were arranged in 1564. A feud with the Elliots broke out in that year also, resulting in mutual raids. He was made captain of the Castle of Newark for nineteen years by Queen Mary, 24 March 1565-66,4 and supported the Queen with a force of over three thousand men. He laid waste the English Border, for which he suffered in 1570, when the English army invaded Scotland, blowing up Branxholm Castle, which Buccleuch had relinquished. He took part in the plot to capture the Regent Lennox, and was imprisoned, but soon set at liberty. He rebuilt Branx- holm in 1571, and died there, aged twenty-five, 17 April 1574. He married, at a very early age (contract dated 19 January 1567-68), 5 Margaret Douglas, daughter of David, seventh Earl of Angus. She survived him, and married, 1 Scotts of Buccleuch, ii. 195. 2 Canongate Register. 3 Sir James Melville's Memoirs. 4 Scotts of Buccleuch, ii. 220. 6 Acts and Decreets* xlii. f. 22. 232 SCOTT, DUKE OF BUCCLEUCH secondly, Francis Stewart, Earl of Bothwell. Dying in 1640, she was buried at Eckford. By her he had issue : — 1. WALTER, who succeeded. 2. Margaret, usually said to be married to Robert Scott of Thirlestane, but this is doubtful.1 3. Mary, married to William Elliot of Lariston, with issue. I. SIB WALTER SCOTT of Buccleuch, Knight, succeeded his father as Laird of Buccleuch in 1574. He was born in 1565, retoured heir to his father 3 July 1574. He became known as the 'Bold Buccleuch,' and took part in every Border raid of his time.2 He was for some turbulence warded in Blackness, but escaped, and received from King James vi. letters of re- mission, 3 March 1582-83. In 1587 he took part in a raid against England, for which he was warded in Edinburgh Castle, but soon released. He was knighted in 1590 at the coronation of Queen Anne. He received letters of pardon from the King, September 1591, for ' intercommuning ' with Francis, Earl of Bothwell, his stepfather, and on the 4 September a licence to permit him to go to France, where he remained until 1593. On 1 October 1594 he received a charter under the Great Seal of the lands and barony of Hailes, Bothwell, Liddesdale, and others, part of forfeited estate of the Earl of Bothwell. In 1596, at the head of eighty horsemen, he stormed the Castle of Carlisle, and released William Armstrong of Kin- mont, known as ' Kinmont Willie,' a daring border reiver, who had been treacherously captured by Thomas Salkeld, and in defence of this action the King and Council were ready to go to war with England, until a second raid by Buccleuch occurred, when he was tried and found guilty, and warded with the English Master of the Ordnance at Berwick, Sir William Selby, and was afterwards received by Queen Elizabeth. In 1597 he made another raid into Tynedale, for which he was imprisoned in Edinburgh Castle, and eventually in England. On 14 November 1608, he, as Keeper of Liddes- dale, received a letter of approval and indemnity from the King under the Great Seal.3 In 1604 he commanded a body 1 M'Call's Some Old Families, 188-190. 2 Scotts of Buccleuch, i. 162-241. 3 Reg. Mag. Sig. SCOTT, DUKE OF BUOOLEUOH 233 of troops in the Netherlands, under Prince Maurice of Nassau, where he fought until the truce of 1609. He was created a Lord of Parliament in Scotland by the title of LORD SCOTT OF BUCCLEUCH, 1606,1 with remainder to his heirs-male, and appointed a member of the Privy Council 26 February 1611. He died 15 December 1611 at Branxholm, and was buried at Ha wick. He married (con- tract dated at Halyden 1 October 1586) Margaret, daughter sig^ 6 Aprll 1609 4 Laing Charters, No. 1648. 5 Acts and Decreets, cccxxx. f. 2796. 6 P. C. Reg,, xiii. 532. 7 Reg. Mag. Sig. 8 Acts and Decreets, cccxxx. f. 2716. 394 CARLYLE, LORD OARLYLE did. He succeeded on 14 July 1608, and is at once styled Lord Torthorwald.1 On 6 April 1609 he had a charter of the lands and barony of Carlyle, resigned by William Cunningham in Dolphinton.2 He had not long had pos- session when he began to grant annualrents and other- wise dissipa.te his estate, and he was under interdict before 11 September 1617, though apparently his inter- dictors could not altogether arrest his unhappy progress.3 A few years later he sold or mortgaged all his lands, including Torthorwald, to William Douglas of Drumlanrig, who had a charter of them on 8 January 1622.4 He is said by Crawford to have also resigned his title of honour to Douglas in 1638, but he has not been discovered in any record after August 1622, and the date of his death has not been ascertained.5 He married, first, before June 1611,6 Elizabeth, daughter of Sir Robert Gordon of Loch- invar, and in 1615 he was suing for divorce against her and William Bannatyne, younger of Corehouse, as co-respon- dent.7 He married, secondly, November 1618, in the parish church of Ludgate Hill, Anne Saltonstall, of what family is not known. On 8 August 1622, she divorced him for adultery.8 He had, so far as recorded, no issue by his first wife, but by his second he had one son : — James, baptized 2 January 1621, but of whom nothing more is known.9 CREATION.— July 1473 or 1474. ARMS. — As given by Nisbet : — Quarterly, 1st and 4th, argent, a cross flory gules, for Carlisle ; 2nd and 3rd, or, a cross gules, for Corsbie ; on an escutcheon surtout argent a saltire azure. CREST. — Two dragons' necks and heads addosse vert. SUPPORTERS. — Two peacocks proper. MOTTO. — Humilitate. [J. A.] 1 Acta Parl. Scot., iv. 466, 468; cf. P. C. Reg., viii. ix. and x. passim. 2 Reg. Mag. Sig. 3 Ibid., at date. 4 Ibid. 5 The Earl of Nithsdale about 1620 had the title of Lord Carlyle, and Viscount Torthorwald was in 1682 among the Duke of Queensberry's titles. 6 Gen. Reg. Inhibitions, 5 May 1619. 7 Ibid., 2nd series, ix. 245. 8 Edinburgh Commissariot Decreets, at date. 9 The last Lord Torthorwald is said to have had a son William by his first marriage, but of this no evidence has been found. Carmuat!) DALZELL, EARL OF CARNWATH ALZELL, Dalyell, or Daliel is probably Gaelic, from a word signifying the 'White Dale,' and the surname is of local origin, derived from the parish of that name, the church of which in early times belonged to the Abbey of Paisley. The barony of Dalzell, how- ever, does not appear on record till about 1341, when King David n. granted it to Sir Malcolm Fleming in free warren.1 Part of it was also held by Sir Robert de la Vale, from whom it was forfeited in 1363.2 After passing through the hands of various owners, it was granted to Sir George Dalzell in 1397.3 The first of the surname of Dalzell on record appears to be — HUGH DB DALZELL or DALIEL, who was Sheriff of Lanark for the years 1288 to 1290.4 THOMAS DE DALIELLE, signed the Ragman Roll of Edward i. on 28 August 1296, at Berwick-on-Tweed, along with John de Baliol and others.5 1 Spalding Club Misc., v. 315. 2 Ibid. ; Reg. Mag. Sig., folio vol. 25-26. 3 It is curious to notice that on the death of Sir John (ante 1437), the barony of Dalzell goes to his third son, in the distribution of the various estates. 4 Exch. Rolls, i. 39 and 46 ; Cal. of Docs., ii. No. 363 ; Reg. Episc. Glasguensis, ii. 620. 6 Cal. of Docs., ii. No. 212* 396 DALZELL, EARL OF CARNWATH ROBERT DE DALIEL or DALLIELE appears on the Muster Roll of Berwick Garrison under Lord Robert de Grey, Knight, in 1311-12, and also as one of the Scots men-at- arms under William de Felton, the Constable of Roxburgh Castle in 1340-42.1 SIR ROBERT DE DALZELL, Knight, in 1360, paid a sum into the Exchequer for the Upper Ward of the shire of Lanark.2 He obtained from David n. t omnes terras nostras de Selkyrk cum pertinentiis exceptis annuis redditibus nostris et firmis nostris de burgo nostro de Selkyrk^ to him and the lawful heirs-male of his body, on 15 May 1365.3 He also got from David n. a grant of the Serjeantship of Lanark, on the resignation of Andrew Starheved.4 The lands of Oroykstoune in the county of Peebles were also acquired by him from the same monarch.5 On 6 March 1368 he was one of the barons elected to the Parliament at Perth,6 and on the accession of Robert n., he attended the coronation at Scone on 27 March 1371. 7 Sir Robert was in 1379 one of the sureties to King Haquin of Norway, for the good government of the Earl of Orkney, and in the follow- ing year was sent to Norway by the latter, and died shortly after his return therefrom.8 His name occurs as a witness in 1374-84 to a charter by William, Earl of Douglas and Mar, to John of Oarmichael of the lands of Over Carmichael.9 SIR WILLIAM DE DALZELL of Dalzell, obtained from David ii. a fee of five pounds sterling, as Sergeand of Lanark on 13 August 1364.10 In 1378 he mortified to the Chapel of Mary of Cambuslang an annualrent of six merks sterling out of his farm of East Rutherglen,11 and in the two following years the mill of Lanark was in his hands ex dono regis.12 He lost an eye at the battle of Otterburn in 1388, and two years later accompanied Sir David Lindsay, after- wards Earl of Crawford, to the famous jousting of Richard n. It was on this occasion that, according to Fordun, Sir William 1 Cat. of Docs., iii. 394, and No. 1382, p. 252. 2 Exch. Rolls, ii. 47. 3 Reg. Mag. Sig., folio vol. 45. 4 Robertson's Index, 63, 46. 5 Ibid., 32, 17. 6 Acta Parl. Scot, i. 148. 7 Ibid., i. 181. 8 Torfaeus, Or cades, 177. ° The Douglas Book, iii. 398. 10 Reg. Mag. Sig. , folio vol. 39. " Ibid. , 8 December 1873. 12 Exch. Rolls, iii. 20 and 59. DALZELL, EARL OF CARNWATH 397 was the hero of two good tales both related in Wood's Douglas. The first was of a ready reply to an English knight, who reflected on the honour of the Scottish ladies, when Dalziel retorted in kind. The other tale runs that a Knight, Sir Peris Corteney by name, having had a falcon embroidered on his sleeve with the motto, * I beer a falcon fairest of flicht, quha so pinches at hir his deth is dight, in graith.' Dalzell assumed a similar dress, with the badge of a magpie and this device : 4 1 beer a py pykand at ane pes, quha so pykkis at her, I sal pyk at his nese in faith.' The challenge was understood and accepted, but the affair terminated in a ludicrous demand of Dalzell that, as by the laws of tournament, the champions ought to be perfectly equal, Corteney, of course, should have one of his eyes extinguished before, the combat. These two incidents won from King Richard n. the encomium : 4 Actibus et verbis miles hie Anglos superans est.' * Sir William held a large amount of property ; he is designed of Elliok in an excambion, dated 30 April 1388, of the lands of Balybucht and Buchowis between him and Sir James de Douglas of Dalkeith,2 and also as witness to a charter by David Fleming of Biggar and Lenzie to his son, Sir John Dalzell of the Bracanrig, on 4 May 1400.3 The list of knights taken or slain at the Battle of Homildon Hill on 14 September 1402 contains the names of ' William Daly ell ' and 4 William Daly ell Filz,1 * but on 16 September 1405 he wit- nessed a writ along witli his son Sir John.5 In 1407 he resigned the lands of Buchrowys and Half -Glume in favour of David Gardyne.6 He appears to have succeeded his son George in the lands of Dalzell, being designed dominus ejusdem as witness to a charter of Joanna Keith, Lady of Galstoun, to her son, Andrew Hamilton, of the lands of Galstoun, dated 12 December 1406,7 and also to a partition of the lands of Hullirishedhill, between John Stewart of Darnley and Sir John Ross of Hawkhead, on 14 December 1413.8 He married, though perhaps as his second wife, Mary, widow of William de Oochrane, who on 25 June 1392, 1 Fordun's Scotichronicon, ii. 422. 2 Reg. Honoris de Morton, ii. 163. 3 Confirmation dated 3 June 1400 ; Eleventh Rep. Hist. MSS. Com., App. vi. 24. 4 Tenth Rep. Hist. MSS. Com., App. vi. 78. 5 Chart, of Cambus- kenneth, 140. 6 Reg. Mag. Sig., fol. vol. 230, 25 June 1407. 7 Ibid., 228, 10 February 1406-7. 8 Maxwells of Pollok, i. 148. 398 DALZELL, EARL OF CARNWATH being then Sir William's wife, renounced her terce out of William de Cochrane's lands.1 He had issue : — 1. George de Dalzell of Dalzell had, on 5 June 1397, a grant from Robert in. of the whole lands of Dalzell, formerly held by Sir James Sandilands, the King's brother-in-law, with a destination to him and the heirs-male of his body, whom failing to William of Dalzell, Knight, his father, and his heirs-male.2 His infeftment therein is ratified by Joanna, relict of Sir James Sandilands, on 15 April 1400.3 He is stated to have married a granddaughter of Sir James Sandilands mentioned above,4 and he died vita patris and s. p. before 1400,5 when the lands of Dalzell passed to his father. 2. SIR JOHN. 3. William, who was at Homildon Hill. SIR JOHN DE DALZELL, Knight, a younger son of Sir William. He received on 30 May 1390, as well as on 24 July 1392 and 15 August 1396, letters of safe-conduct to go to England to conduct negotiations.6 He acquired in 1389 the lands of Botheax, in the barony of Orauford, from Sir James Lindsay of Orauford.7 In 1392 he obtained from Robert in. a charter of the hospital of Lanark for three masses to be said in St. Leonard's Chapel, to be held by him and his sons, Walter, Adam, and Robert, and the heirs- male of their bodies, in succession,8 and in 1400 the King granted his whole rights in the hospital, reserved in the earlier charter, in similar terms.9 In 1392 and 1395 he is mentioned as custos of the hospital of Lanark.10 He 1 Carta, penes Earl of Morton ; Macfarlane MSS. in Adv. Lib., 34, 3, 25, p. 42. A note states ' Sir William Dalzell's seal, appended to this charter, has on it a naked man with his arms hanging at some distance from his sides, and his wife, Mary of Dalzell, has her seal parti per pale baron and femme, on the dexter a saltier and in chief a mullet, and on the sinister a naked man, etc., as on her husband's.' This description is curious, but it has been suggested that the seal has been reversed in cutting. 2 Laing Charters, No. 83. 3 Ibid. , No. 85. 4 Hamilton's Descrip- tions of Lanark and Renfrew, 1710, 45. 5 Carta, penes Hamilton of Dalzell, Douglas. 6 Rymer's Fwdera, iii. iv. 81 ; Cat. of Docs., iv. Nos. 412 and 490. 7 Charter of Confirmation, dated 1 December 1389, seen by William, third Duke of Hamilton, and apparently not now extant; Eleventh Rep. Hist. MSS. Com., App. vi. 210. 8 Reg. Mag. Sig., folio vol. 212, 9 November 1392. 9 Robertson's Index, 158, 47; Reg. Mag. Sig., 9 February 1451-52. 10 Exch. Rolls, iii. 333 and 366. DALZELL, EARL OF OARNWATH 399 acquired the lands of Kininmonth, Bouchtains, and Half- Olunie in 1390, or earlier, on the resignation of Alexander Keith,1 and on 6 May 1400, David Fleming of Biggar and Lenzie granted him the lands of Bracanrig.2 He died prior to 1437,3 leaving issue : — 1. Walter of Oarlowrie, the eldest son of Sir John, received a payment from the Exchequer on 14 July 1422,4 and was on the inquest in the retour of Walter Scott, as heir to his father in the lands of Elerig on 27 February 1426,5 and the retour of James of Dundas as heir of his father in the lands of Eckling and others, on 8 November 1430.6 He is twice named Lord of Carlowrie — first, on 5 June 1424 in a mortification by Thomas Summyrville de Carnwythe to St. Mary's Altar in the % Monastery of Saint Machut, of an annualrent from the ten merk land of Manuel ; 7 and secondly, in an indenture dated 19 January 1427, between Sir Herbert Maxwell of Oaerlaverock, and Sir John Sinclair of Hyrdmanstoun, to which Walter de DalzelPs seal is appended on behalf of the former.8 He probably was dead in 1446, and had issue : — (1) Peter of Carlowrie, who took sasine of the lands and mill of the Muskmyln at Lanark in 1446,9 and is designed of Carlowrie as witness to an infeftment of Archibald Dundas of Dundas and Agnes Borthwick, his spouse, on 23 December 1452, 10 and as one of the inquest in the service of Agnes Melville to her father in the lands of Melville, on 23 April 1471. " In 1465 he resigned the hospital of St. Leonard at Lanark, in favour of John Stewart of Cragy,12 a confirma- tion by James n. of the original grant by Robert in., of 3 June 1400, having been obtained circa 1451-52. 13 On 11 March 1465, he procured a transumpt of David Fleming's charter to Sir John Dalzell of the lands of Bracanrig, dated 3 June 1400. u In 1530 the estate of Carlowrie was held by David Dalzell.16 2. Adam of Botheax and Elliotstown, brother of Walter, is designed of Botheax as a witness in two charters, dated 5 February 1423, to William de Maxwell of 1 Robertson's Index, 138, 30. 2 Eleventh Rep. Hist. MSS. Com., App. vi. 24. 3 Ibid. 4 Excli. Rolls, iv. 370. 5 Scotts of Buccleuch, ii. 25. 6 Earls of Haddington, ii. 229. 7 Reg. Mag. Sig., 3 June 1424. 8 Book of Cacr- laverock, ii. 429. 9 Exch. Rolls, ix. 659. 10 Carta, penes Dundas of Dundas, Riddell, b. m., 107. n Melville Book, iii. 47. 12 Reg. Mag. Sig., 21 April 1465. 13 Ibid., 9 February 1451-52. 14 Eleventh Rep. Hist. MSS. Com., App. vi. 24. I* Reg. Mag. Sifft) 3 June 1530< 400 DALZELL, EARL OF OARNWATH Akynhede, of the lands of Kilcadroblaw and others,1 and is designed of Elliotstown in two charters dated 10 November 1426, in favour of Andrew Agnew of the Constabulary of Lochnaw and others.2 He was a witness along with his brother Walter to the mortification by Thomas Summyrville de Oarnwythe,3 and was also witness to a notarial copy of Robert m.'s charter of the lands of Dalzell, dated 5 June 1397, in favour of his uncle George, taken at Lanark on 2 May 1418.4 Further, Edward of Orauford names him as one of his bailies in a procuratory of resignation of the lands of Dalgarnock on 21 March 1423.5 He was succeeded in the estate of Botheax by one who was probably his son : — (1) Thomas, who is designed of Botheax in a precept directed to him by Alan Stewart, Lord of Darnley, for infefting Robert de Dalzell of the Bracanrig in the lands of Brownside, dated 10 December 1429,° and is similarly designed in an instru- ment of sasine, dated 3 November 1466, by Sir William of Douglas, to Robert de Dalzell of that Ilk, in the lands of Ballibocht.7 He served on two inquests in 1431 and 1432, 8 and was a witness in 1437. He was followed by two 9 Roberts of 'Budhous.'10 3u ROBERT, who succeeded to the Dalzell estate. ROBERT DALZELL of Dalzell, third son of Sir John, is first designed of Dalzell in a family indenture dated 27 June 1446, between Sir John de Maxwell of Nether Pollok and his sons,11 and is also so designed in a charter, dated 31 December 1450, to Walter le Graham of Wallastown,12 and in a charter, dated 19 December 1452, by Philip Mowbray of Dalmeny to Archibald Dundas of Dundas, of the lands of Ecklyn.13 Robert de Dalzell had sasine of the mill lands of Muskmyln in 1446,14 and it is probable that it is he who appears as 4 George ' Dalzell, stated to have 1 Reg. Mag. Sig., 26 July 1424. 2 Ibid., 31 January 1430-31. 3 Cf. supra. * Macfarlane MSS., Account of the Family of Dalzell, i. 39, 40. 6 Fifteenth Rep. Hist. MSS. Com. , App. viii. 33. G Maxwells of Pollok, i. 160. 7 Fifteenth Rep. Hist. MSS. Com., App. viii. 37. 8 Macfarlane MSS. in Adv. Lib., 35, 4, 12a; Registrum Nigrum de Aberbrothoc, 61. 9 Eleventh Rep. Hist. MSS. Com., App. vi. 24. 10 Reg. Mag. Sig., 18 January 1504-5, 5 Sep- tember 1528 ; Lord High Treasurer's Accounts, iii. 14. n Pollok-Maxwell Chartulary, 7. 12 Reg. Mag. Sig., 15 Jan. 1450-51. 13 Carta, penes Dundas of Dundas ; Riddell's Notes, b. m., 107. 14 Exch. Rolls, ix. 659. DALZELL, EARL OF OARNWATH 401 taken sasine of the lands of Dalzell in the same year.1 He succeeded his father in the Bracanrig by charter of resignation, granted by Malcolm Fleming on 6 July 1437,2 and acquired the lands of Brownside in 1429, and Ryland- side in 1435, from Alan Stewart, Lord of Darnley;3 the latter also confirms, on 18 November 1437, the grant of the lands of Carngulane by Sir Herbert Herries, Lord of Terregles, to Robert and the heirs-male of him and Agnes de Hamilton, his spouse.4 In 1456 he twice attempted to obtain sasine of the lands of Balybucht from Sir William Douglas, as baron of the barony of Morton, but was repulsed at the gate by Lady Janet of Borthwick, of which acts notarial records were taken; but in 1466 peace was restored, and sasine was given by Sir William.5 The pro- perty of Sandyholme had been acquired by him before 1444.6 On 7 February 1486 he served on an inquest.7 He must have owned the Elliok estate, which his grandfather, Sir William, had held, since his son received sasine as heir to him on 10 November 1494, which also fixes his death as prior to that date.8 He married Agnes Hamilton,9 and had issue : — 1. WILLIAM, of Dalzell and Elliok. 2. John, of the Bracanrig and Brownside. On 27 May 1447 he obtained a notarial instrument narrating his father's charter to the lands of Brownside, of 5 December 1429,10 and between 1451 and 1454 disposed of the Bracanrig and Brownside to Hugh Campbell, brother to Sir George Campbell, and Catherine le Blair, his wife; the sasines were given by the granter himself, and are written in the old Scots vernacular.11 The property of Sandyholme came to him from his father, and he also owned half Threep- wood. Died ante 1490 and left a son : — (1) Robert of Sandyholme, who on 27 November 1490 granted to James Campbell of Brownside an obligation to warrant him 1 Exch. Rolls, ix. 659. 2 Eleventh Rep. Hist. MSS. Com., App. vi. 24. 3 Ibid. ; Maxwells of Pollok, i. 159-162. 4 Montgomeries, Earls ofEglinton, ii. 28. 6 Fifteenth Rep. Hist. MSS. Com., App. viii. 37. 6 Reg. Mag. Sig., 15 Dec. 1451. 7 Macfarlane MSS., Account of the Family of Dalzell, vol. ii. 8 Instrument penes James Veitch ; Macfarlane MSS. in Adv. Lib., 34, 3, 25, p. 108. 9 Montgomeries, Earls of Eglinton, ii. 28. 10 Eleventh Rep. Hist. MSS. Com., App. vi. 24. » Ibid., 25, 27 ; Pollolc-Maxwell Chartutary, 310; Maxwells of Pollok, i. 173, DALZELL, EARL OP OARNWATH in peaceable possession of the lands of Bracanrig and Brownside.1 3. John (secundus), who witnessed the instrument of sasine of the lands of Brownside, granted by his brother John, to Hugh Campbell and his wife, on 5 September 1451 ,2 He may be identical with 4 John Dalzell in Knowhubill,' who witnessed a charter to Alexander Somervill of the lauds and barony of Braxfield, dated 22 March 1495.3 WILLIAM DALZELL, of Dalzell and Elliok, succeeded to, and was infeft in, the lands of Dalzell, Mousmyln, Millhill, and Millholme in 1494,4 and on 10 November of the same year obtained from Sir William Douglas of Drumlanrig sasine of the lands of Elliok, as true and lawful heir of his father, Robert Dalzell of that Ilk,5 under which latter description his name also appears on 14 October 1495, as one of the Lords of Council chosen by James iv.6 He was slain in a fray at Dumfries, in September 1508, between Lord Maxwell and Lord Crichton of Sanquhar, of whose party he was one.7 He married Gelis Hamilton of Preston,8 also called Elizabeth,9 and had issue : — 1. Robert, son and apparent heir of William Dalzell of that Ilk, is mentioned 27 July 1501,10 and in 1506 ;" but he must have predeceased his father. On 15 December 1508 there is a grant of the ward and marriage of Robert, 'nevo' and heir of William Dalzell of that Ilk.12 He had issue a son :— (1) ROBERT, of whom hereafter. 2. Thomas, who witnesses, on 4 July 1524, a charter of his nephew, Robert Dalzell of that Ilk,13 and who had issue : — (1) James, merchant in Edinburgh. Died 8 March 1608, aged seventy-eight years.14 1 Eleventh Rep. Hist. MSS. Com., App. vi. 28. 2 Ibid., 26. 3 Eeg. Mag. Sig. , 26 March 1500. 4 Exch. Rolls, x. 769 ; Lord High Treasurer's A ccounts, i. 221. 5 Macfarlane MSS. in Adv. Lib., 34, 3, 25, p. 108 ; carta, penes James Veitch. 6 Acta Dom. Cone., Riddell's MSS., Notes, in Adv. Lib., b. m., 90. 7 Pitcairn's Criminal Trials, I. i. 53, 65, 77, and 85 ; Lesley's History, 78 ; Anderson's MSS., History of Scotland, in Adv. Lib., i. 76. 8 Tombstone in Dalzell Churchyard. 9 Acta Dom. Cone., xvii. 182, and xx. 231. 10 Protocol Book of James Young, Edinburgh City Chambers. n Acta Dom. Cone., xviii. pt. i. 161. 12 Reg. Sec. Sig., iii. 200. 13 Macfarlane MSS., Account of the Family of Dalzell, vol. ii, 14 Tombstone in Dalzell Churchyard, DALZELL, EARL OF OARNWATH 403 3. Patrick. 4. Mr. George, graduated as M.A. at Glasgow University 1508,1 and is a witness on 29 April 1509.2 5. John.3 6. Marion, married, first, contract 1 December 1500, to John Montgomery, eldest son of George Montgomery of Skelmorlie, who died before 1508 ; 4 secondly, before 1534, to Michael Lindsay.5 ROBERT DALZELL of Dalzell, grandson of William, who was infeft in the mill of Lanark in 1509, and the lands of Dalzell in 1510.6 He was one of the noblemen who agreed on 30 October 1510 to request James iv. to infeft Archi- bald, fifth Earl of Angus, in the lordship of Crauford- Lindsay,7 and was concerned in the raid of Jedwood Forest, as he is a party to% the arbitration arising out of it, in which the award is issued on 10 July 1520.8 Justiciary commissions were issued to him and his son and heir- apparent, Robert, at St. Andrews on 26 October 1546.9 He resigned the fifty shilling land of Kittymure, and got a new grant from the Crown in 1543 in favour of himself in life- rent, and his son Robert in fee.10 Robert Dalzell died in 1549.11 He married Margaret Hamilton, who was murdered by Ninian Dalzell,12 and had issue : — 1. ROBERT of Dalzell and Elliok. 2. William, witness to a feu of his brother Robert, on 22 January 1554.13 Slain by John Douglas, son of James Douglas of Drumlanrig, on 8 May 1555. u 3. Paul, designed 4 filius domini de Dalzell ' in the rolls of Glasgow University in 1512.15 4. John, witness to a charter of his brother Robert on 4 July 1524.16 5. Christian, married, first, to John Somervill of Oambus- nethan; secondly, circa 1539, to John Lindsay of 1 Munimenta Alme Universitatis Glasguensis, ii. 282 and 284. 2 Reg. Mag. Sig., ea data. 3 All mentioned, Ada Dom. Cone., xx. 231. 4 Montgomeries, Earls of Eglinton, i. 155. 6 Acta Dom. Cone., v. 199; vi. 19. 6 Exch. Rolls, xiii. 660-661. 7 Douglas Book, iii. 198. 8 Eleventh Rep. Hist. MSS. Com., App. vi. 32. 9 Exch. Rolls, xviii. 407. 10 Reg. Mag. Sig., 19 April 1543. n See also Acts and Decreets, iv. 57, which proves that Robert died before 21 May 1550. 12 Reg. Sec. Sig., xxvii. 46. 13 Reg. Mag. Sig., 16 May 1611. 14 Pitcairn's Criminal Trials, I. i. 387 ; P. C. Reg., i. 300. 15 Munimenta Universitatis Glasguensis, ii. 126, 16 Macfarlane MSS., Account of the Family of Dalzell, vol, ii. 404 DALZELL, EARL OP CARNWATH Covington ; thirdly, to John Crichton of Ryhill, tutor of Sanquhar, contract dated 19 January 1554-56,1 who predeceased her before 3 May 1581, and had by her a son, Robert of Ryhill.2 6. Margaret, married to Gavin Lockhart of Kirkwood, contract 29 November 1660.3 ROBERT DALZELL of Dalzell and Elliok, who had sasine of the Dalzell estate and the Mousmyln on 26 May 1549. The Elliok property was also held by him, as his widow has a marriage-contract provision out of it.5 On 4 July 1524 he granted to his kinsman, Robert Robertson, his half of Easter Moddervil,6 and on 5 February 1533 he received a most solemn and humble apology from Robert, fifth Lord Max- well, for the slaughter of his grandfather, William Dalzell, at Dumfries in 1508.7 On 2 November 1555, Robert and Oristine Dundas, his spouse, granted a letter of reversion to John Maxwell and his wife of an annualrent of 20 merks, out of the town of Nether Pollok, on payment of 200 merks to the granter ; this deed is sealed with the seals of the granters.8 On 16 August 1559, he granted the lands of Dalzell and the mill of Lanark to his son Robert and his wife, in implement of their marriage-contract, under reservation of the granter's liferent and his wife's terce.9 He died before 1563.10 By a first wife he had issue : — 1. ROBERT of Dalzell and Elliok. 2. Andrew, who like his elder brother fought on Queen Mary's side at Langside.11 3. Christian, married to John Boswell of Auchinleck,12 contract, 21 August 1562. 4. Margaret, mentioned in the family arrangement in 1563, said to have been married to John Hamilton of Bromhill.13 He married, secondly, contract 29 January 1551, Cristine, daughter of James Dundas of Newliston,14 and by her 1 Reg. of Deeds, i. 61. 2 P. C. Reg., iii. 382. 3 Reg. of Deeds, iii. 467. 4 Exch. Rolls, xviii. 471. 5 Reg. Mag. Sig., 12 November 1596. 6 Mac- farlane's MSS., Account of the Family of Dalzell, vol. ii. 7 Book of Caer- laverock, ii. 467. 8 Pollok-Maxwell Chartulary, 15. 9 Reg. Mag. Sig., 27 August 1559. 10 Riddell's MSS., Notes, in Adv. Lib., b. m., 45. u Reg. Sec. Sig., xliii. 34. 12 Reg. of Deeds, v. 315. 13 Ibid. 14 Edinburgh Com. Decreets, i. 309; Reg. Mag. Sig., 27 August 1559. DALZELL, EARL OF OARNWATH 405 (who, after his death, and prior to 1571, married James Roberton of Earnock and had issue by him) had issue : — 5. John, described as son and heir of Christian Dundas and Robert Dalzell, in an agreement to which he and his mother are parties, with Sir John Stewart of Minto, and Matthew, his eldest son, on the other part, as to an annualrent from the lands of Busbie, of date 2 April 1574.1 He was a merchant in Edin- burgh. He is said to have been the grandfather of General Thomas Dalzell ; but as the general's father was born in 1573,2 there is only a probability that the statement is correct. It may be added that the general's father and mother, Thomas Dalzell in Edinburgh, and Jonet Bruce (no other designations), were married on 8 December 1601, 3 and their son was born in 1615.4 On his tombstone Thomas Dalzell of Binns is said to be descended of the ancient race of the Lords of Dalzell, now (1642) Earls of Oarnwath. 6. James, apprenticed to Robert Abercromby, merchant burgess of Edinburgh, 10 January 1573-74,5 residing on the Oastlehill there in 1595,6 witnessed two bonds of caution by his brother Robert in 1591 and 1592.7 7. Catherine, married to John Roberton, Sheriff-Clerk of Lanark, and had a son Bartholomew.8 8. Helen, married (contract 16 November 1590) to John Stirling of Baldoran.9 ROBERT DALZELL of Dalzell and Elliok got a charter of the lands of Dalzell and Mill of Lanark from his father, subject to the latter 's lifer ent and his mother's terce, on 16 August 1559, in implement of his marriage-contract.10 He also held the estate of Elliok.11 He was a staunch adherent of Queen Mary, and on 5 September 1565 signed the bond of lords and barons of the West Country in support 1 Acts and Decreets, Ixiii. ff. 148-150. 2 Tombstone at Abercorn. 3 Canon- gate Register of Marriages. 4 Abercorn Register of Baptisms. 6 Edin- burgh Burgh Reg. of Deeds, 15 June 1574. 6 Reg. Mag. Sig., 12 November 1596. 7 P. C. Reg., iv. 638, 761. 8 Macfarlane MSB., Account of the Family of Dalzell, vol. ii. 9 Gen. Reg. of Inhibitions, 2nd series, v. 156. 10 Reg. Mag. Sig., 27 August 1559. n Ibid., 12 November 1596. VOL. II. 2 D 406 DALZELL, EARL OF CAKNWATH of the Duke of Albany and the Queen.1 He was at the battle of Langside on 13 May 1568,2 but in May 1570 signed a bond to submit himself to King James.3 This cannot have been effective, as on 28 July 1572 he was indicted as art and part in the murder of Darnley and the two Regents.4 He and his brothers were accused of molesting William Orichton, tutor of Sanquhar, in the years 1576 and 1577.5 He represented the burgh of Wigtown in the Scots Parliament in 1587. He died, according to Oawfurd, about 1588.6 but he was alive on 13 August 1607, when his son was still ' apparent of that Ilk,' but died between that date and February 1610, though the exact year cannot be clearly determined.7 He married (contract 1 May 1558) Janet, daughter of Gavin Hamilton, Commendator of Kilwinning, and Margaret Hamilton of Broomhill,8 and by her had issue : — 1. SIR ROBERT, who succeeded. 2. Gavin, who witnessed his father's charter of 9 May 1580,9 and was denounced by the Privy Council in 1592 for the abduction of Marion Orichton,10 and in 1610 for the abduction and illegal detention of James Donaldson of Drumbowie,11 and bailie and burgess of Perth.12 3. Archibald. He had carried off Jean Dalzell, daughter of Nicol Dalzell of Dalzell Mill, a girl of fourteen years old, and compelled her to marry him in the kirk of Dalserf , 13 July 1599. The Commissaries of Edinburgh decerned him to adhere to her, 22 May 1600, but she subsequently recovered her liberty, and revoked the whole proceedings on 25 December 1601. 13 He was put to the horn as the result of complaints to the Privy Council against him by John Morison and the above-named Nicol Dalzell in 1601. u However, on 4 August 1603, he obtained a dispensation until 20 1 P. C. Reg., i. 363, ea data. 2 Crawfurd's Peerage, 68. 3 Bannatyne's Memorials, 43. 4 Pitcairn's Criminal Trials, I. ii. 35. 6 P. C. Reg., ii. 538, 30 June 1576 ; ii. 593, 19 February 1577. 6 Crawfurd's Peerage, 68. 7 P. C. Reg., vii. 429 ; viii. 423, 841. 8 Reg. Mag. Sig., 27 August 1559. 9 Ibid., 5 September 1580. 10 P. C. Reg., iv. 770, 13 July 1592. " Ibid., viii. 841. 12 Ibid., v. 633, 635, 646 ; vi. 863 ; Deeds, cxxxvii. 7 September 1607. 13 Edin- burgh Commissariat Decreets, vol. xxxi ; Deeds, vol, iv. 14 P. C. Reg., vi, 139, 31 July 1600 ; vi. 320, 10 December 1601. DALZELL, EARL OF OABNWATH 407 November, because of his activity against the Clan Gregor.1 4. James, witnessed his brother Robert's bond of caution on 28 June 1592.2 5. Claud, died 1597.3 Margaret and Marion, his sisters, were his executors. 6. Mr. Thomas, a creditor in Claud's testament. 7. Christian, who married John Hamilton, fourth of Orbiston, and had issue : 4 — (1) Sir John, Lord Justice-Clerk. (2) James of Boggs, who acquired the property of Dalzell in 1647, and from whom the Barons Hamilton of Dalzell are descended. Died 1668. (3) Gavin. (4) Marion, married John Hamilton of Bangour. (5) Margaret, married John Walkinshaw of that Ilk. 8. Janet. 9. Margaret, married to Robert Nisbet, son and apparent heir of Robert Nisbet of Dalzell. Contract 5 August 1601, registered 6 November 1601.5 10. Marion. 11. Elizabeth, named with her three elder sisters in 1586.6 I. SIR ROBERT DALZELL of Dalzell and Elliok was given a charter of the lands of Elliok by his father, subject to the latter's liferent and the terce of his mother and his grandmother, Cristine Dundas, on 12 June 1574,7 and, in implement of his marriage-contract, got a charter of the lands of Dalzell and the mill of Lanark, under the same reservations, from his father on 9 May 1580.8 Some more of the Elliok estate and the lands of Euchane were acquired by him in 1595 from his brother-in-law, Robert Crichton of Cluny, eldest surviving son of the King's Advocate, and younger brother of the Admirable Crichton.9 On 18 Sep- tember 1628 he was created a Peer, under the title of LORD DALZELL, and sat as such in Parliament in 1633.10 He 1 P. C. Reg., vi. 862, 4 August 1603. 2 Ibid., iv. 761, 762. 3 Edin. Tests., 13 January 1597-98. 4 Macfarlane's MSS., Account of the Family of Dalzell, i. 40. 5 Deeds, vol. Ixxxiii. ; see also Reg. Mag. Sig., 31 March 1618, and 11 July 1635. 6 Reg. Sec. Sig., liv. 158. 7 Reg. Mag. Sig., 12 November 1596. 8 Ibid., 5 September 1580. 9 Ibid., 12 November 1596. 10 P. C. Reg., 2nd series, ii. 483 ; Acta Parl, Scot., v. 8 and 12. 408 DALZELL, EARL OF OARNWATH gave 300 merks to the building of the college and library of Glasgow University in 1632.1 In June 1638 he was admitted to the King's Council,2 and subscribed the Covenant and Bond of Maintenance at Holyrood, on 22 September of that year.3 Sir Robert was advanced to the dignity of EARL OF CARNWATH, BARON DALZELL AND LIBERTON, on 21 April 1639, at York, with limitation to lieirs-male of his body.4 Died 1639. He married (con- tract 28 March 1580) Margaret,5 eldest daughter of Sir Robert Crichton of Cluny, the King's Advocate, and by her had issue : — 1. ROBERT, second Earl of Carnwath. 2. Sir John of Glenae and Newton, who obtained in 1631 a charter of novodamus of the ecclesiastical lands of Dalgarnock,6 and in 1636 a charter of the ten-pound land and barony of Amisfleld and others, in the county of Dumfries, resigned by Sir John Charteris of Amisfleld.7 Sir John was one of the Commis- sioners appointed in 1638 to require subscriptions to the King's Covenant.8 In February 1646 and March 1649, the Convention of Estates ordered some of their creditors for military supplies (including James Hamilton of Boggs, who acquired Dalzell) to recoup themselves out of the fines and forfeitures of inter alios Sir John Dalzell of Newton,9 but in July 1649 Sir John got a new grant of the lands and barony of Amis- field to be held by him and his heirs-male, whom fail- ing to his son Robert and his heirs-male, whom failing to his daughter Mary and her heirs-male, bearing the name and arms of Dalzell, whom failing to Robert's daughter Mary and her heirs-male.10 He was taken prisoner by Cromwell after the battle of Worcester, and imprisoned at Leith.11 After the Restoration he obtained, on 8 March 1666, a charter of novodamus from Charles n. of the lands and barony of Amisfield, in favour of himself and his son Sir Robert.12 He 1 Munimenta Alme Universitatis Glasguensis, iii. 468. 2 Sir Thomas Hope's Diary, 74. 3 Spalding's History, i. 69 and 320. 4 Reg. Mag. Sig., 29 July 1648. 5 Ibid., 5 September 1580. 6 Ibid., 18 June 1631. 7 Ibid., 1 November 1636. 8 Gordon's Scots Affairs, i. 109. 9 Acta Part. Scot., vi. 217, 416. 10 Reg. Mag. Sig., 23 July 1649. n Nicoll's Diary, 59. 12 Acta Part. Scot., vii. 643; Reg. Mag. Sig., 8th March 1666. DALZELL, EARL OF CARNWATH 409 appears to have died before 23 December 1669.1 He married, before 1625, Agnes, daughter of James Nisbet of Restalrig, and Marion Arnot, daughter of Sir John Arnot of Birswick. Marion Arnot married, secondly, Sir Lewis Stewart of Kirkhill, whom she survived, and Agnes Nisbet, Lady Glenae, with other daughters, was one of her executors in 1659.2 By her he had issue :— (1) SIR ROBERT of Glenae. (2) Mary, married (contract dated 8 July 1665), as second wife, to Alexander, third Earl of Kellie.3 (3) , another daughter.4 SIR ROBERT DALZELL represented the county of Dumfries in Parliament from 1665 to 1685, except in 1678,5 and was a Commissioner of Supply for Nithsdale and Dumfries in 1661, 1667, 1678, and 1685.6 He was created a baronet by Charles n. on 11 'April 1666.7 He obtained on 23 December 1669 a ratification of the charter of Amisfield, of 8 March 1666, 8 and in 1670 a charter of recognition of the barony of Dalswinton.9 Died between 13 May 1685 and 29 April 1686. 10 Sir Robert married, first, Miss Sandilands, of the family of Torphichen ; secondly (contract dated 11 October 1654), Margaret Johnstone, youngest daughter of James, first Earl of Hartfell,11 who died s. p. October 1655, and was buried at Kirkmichael.12 Sir Robert married, thirdly (con- tract dated 22 and 23 April 1657), Violet Riddell, daughter of Andrew Riddell of Haining,13 by whom he had issue :— (i) SIR JOHN, second Baronet of Glenae. (ii) James, a captain, served heir to his sister Henrietta on 27 October 1698. 14 (iii) Thomas, lieutenant-colonel of the Scots Guards, and recommended for rank of brigadier by the Marquess of Ormonde on 10 March 1712. 15 He was served heir to his sister Violet on 27 October 1698. 16 He died in December 1743, and was buried in Greyfriars Churchyard, Edinburgh.17 He married, November 1 Acta Part. Scot., vii. 643. 2 Edinburgh Tests., 12 January 1659 ; cf. Reg. Mag. Sig., 11 July 1636. In 1625 there is mention of John, lawful son of Sir Dalzell of that Ilk, and Agnes Nisbet, his wife [Gen. Reg. Sasines, xviii. 64] ; and John Dalzell of Newton, and Agnes Nisbet, his spouse, are named in a writ of 27 October 1649 [Dumfries Sasines]. 3 Lamont's Diary, 180; Gen. Reg. Sasines, xiii. 28. 4 According to Douglas. 6 Acta Part. Scot, vii. 527, 536, 549; viii. 4, 56, 209, 217, 232, 452. 6 Ibid., vii. 91, 544; viii. 225, 465. 7 Reg. Mag. Sig., llth April 1666. 8 Acta Parl. Scot., vii. 643. » Reg. Mag. Sig. , 18 February 1670. 10 Acta Parl. Scot. , viii. 465, 580; according to Foster, 8 April 1686. n Annandale Family Book, i. p. ccx. 12 Ibid., ii. 306. 13 Dumfries Sasines, vii. 30. 14 Gen. Retours, No. 8028, 15 Seventh Rep. Hist. MSS. Com., 819. 1G Gen. Retours, No. 8027. 17 Foulis of Ravelston's Account Book, Ixviii. 410 DALZELL, EARL OP OARNWATH 1701, Isabel, only daughter of Robert Fergusson of Craigdarroch, by his second wife, Elizabeth Grier, and had issue : l — a. David, a merchant in Glasgow, served as heir of provision to his father on 11 March 1755,2 and died 30 March 1772, leaving a son, Thomas.3 b. Jean, married to Thomas Gibson, and had issue.4 c. and d. Agnes and Henriet. (iv) Mary, by the first marriage, a substitute under charter of 1649. 5 Married (contract 21 April 1652) to Robert Lawrie of Maxwelton.6 (v) Agnes. (vi) Henrietta, died 1698. 7 (vii) Violet, died 1698.8 SIR JOHN DALZELL, second Baronet of Glenae, was served heir-male and of tailzie to his father in the lands and barony of Amisfield on 2 September 1686. 9 Sir John sat in Parliament for the county of Dumfries in 1686-89, 10 and was a Commissioner of Supply for Nithsdale and Dumfries in 1685. n Died March 1689, 12 leaving a will, dated 28 March of that year, by which he bequeathed 9000 merks to Mary his beloved daughter, and appointed his wife tutrix to his son Robert and his daughter and the bairn then in utero.13 He married, 16 June 1686, Henrietta, second daughter of Sir William Murray of Stanhope, by whom he had : — a. SIR ROBERT, third Baronet of Glenae, afterwards sixth Earl of Carnwath. b. Sir John, born 1689. 14 Educated at Glasgow University in 1710, 15 and thereafter was cap- tain in the army, but resigned his commission on the arrival of the Earl of Mar in 1715, and joined the Jacobite Forces. He was taken prisoner at Preston on 14 October, and court-martialled, but was dismissed on proving his resignation of his commission. He had issue : — (a) James, who was, at the age of seven, at the Scots College at Douai in 1734. 16 (b) Mary, married to William, sixth Viscount Kenmure. She died 16 August 1776. 1 Riddell's MS. Notes on Douglas. 2 Retours, ea data. 3 Ibid., 11 August 1785. 4 Foulis of Ravelstoris Account Book, Ixviii. 5 Reg. Mag. Sig., 23 July 1649. 6 Deeds (Durie), 4 July 1672. 7 Gen. Retours, No. 8028, 27 October 1698. 8 Ibid., No. 8027, 27 October 1698. 9 Retours, Dumfries, No. 316. 10 Acta Part. Scot., viii. 577; ix. 4. n Ibid., viii. 465. 12 Retours, March 1704. 13 Dumfries Tests., vol. vi. 11 August 1691. 14 Ibid. 15 Munimenta Alme Universitatis Glasguensis, iii. 196. 1G Fifth Rep. Hist. MSS. Com., 654. DALZELL, EARL OF OARNWATH 411 3. James, styled third son.1 He married (contract 7 August 1618) Marion Oaufurd, relict of James Oswell of Athellis,2 witness to his father's charter of 10 October 1627,3 and another, dated 20 May and 19 July 1631.4 4. Thomas, was cautioner along with his eldest brother in 1612 for Sir Robert Orichton of Oluny.5 He is designed of Johnston in giving 40 merks for the college and library of Glasgow University in 1623,6 and was a captain when made a burgess of Banff on 2 September 1640.7 He was one of those whose losses were the subject of an Act and Commission in 1661 and 1663.8 5. William, described as 'sone lawfull to Sir Robert Dalzell, elder,, of that Ilk, Knight,' in a bond by him of date at the Oastle town of Drumlanrig 8 May 1624, to Archibald White, stabler, Edinburgh, for a loan of 400 merks.9 6. Margaret, eldest daughter, married John Wilson, younger of Oroglin (contract dated 9 July 1610, registered 26 November 1630).10 7. a daughter, married, before 13 August 1607, to George Crawford, younger of Auchencross.11 8. Mary, married Sir James Muirhead of Lachop.12 II. ROBERT, second Earl of Carnwath, was given by his father, on 10 October 1627, a charter of the lands of Dalzell and mill of Lanark.13 In 1634 he bought the old lord- ship of Somervell and barony of Carnwath from James, Earl of Buchan and John, Earl of Mar,u his father. In the following year he obtained from Charles i. a charter, erect- ing into a barony of Dalzell, the whole lands of Dalzell, including the half which had belonged to the Nisbets from time immemorial, the mill of Lanark, and the lordship of Somervell and barony of Carnwath.15 He signed the Con- 1 Gen. Reg. of Inhibitions, 1 August 1619. 2 Dumfries Sasines, i. 139. 3 Laing Charters, No. 2003. 4 Ibid., No. 2115. 6 P. C. Reg., ix. 325, 30 January 1612. 6 Munimenta Alme Universitatis Glasguensis, iii. 469. 7 Annals of Banff, ii. 418. 8 Acta Part. Scot., vii. 294, 461. 9 Reg. of Deeds, cccclxxv. f . 132, 21 July 1625. 10 Deeds, vol. cccxxxvi. " P. C. Reg., vii. 429. 12 Reg. Mag. Sig., 25 February 1654. 13 Laing Charters, No. 2003. 14 Reg. Mag. Sig., 14 June 1634. 15 Ibid., 11 July 1635. 412 DALZELL, EARL OF OABNWATH fession of Faith on 22 September 1638 at Holyrood.1 He was summoned to a Parliament,2 and nominated as a Privy Councillor in 1641 ; 3 on 12 October of that year it was reported to the Convention of Estates that Carn- wath had said, ' Now we have three Kings (Charles i. and Dukes of Hamilton and Argyll), and by God, two of them behove to want the head.'4 On 23 June 1643 he was accused before the Estates of traducing Parliament in his Majesty's presence, was cited to appear, and, on his failure to do so, was fined £10,000 Scots on the following day. A committee was appointed to try Traquair and Carnwath, and on 18 August his estates were sequestrated for pay- ment of the fine.5 The fine was paid by Lady Carnegy, who craved to recover it from money of Carnwath's which had been arrested by the Estates.6 On 21 June 1643 a warrant was issued for his apprehension under the Act of Pacification 1641, as a disturber of the peace between the two kingdoms.7 He was among the most obnoxious malignants in the Act of Classes of June 1644,8 and on 25 February 1645 the Estates found him guilty of treason and sentenced him to be hanged, but the estate and honour of Earl of Carnwath was transferred to his son, on payment of a fine of 100,000 merks Scots in two instalments, within eight days thereafter.9 He was at the battle of Naseby in June 1645, and is accused of having persuaded King diaries to flee, by seizing his bridle, and saying 4 Will you go upon your death in an instant.' 10 In 1651, by the King's desire, a committee was appointed to consider the restitu- tion of Sir Robert to his power and dignity as Earl of Carnwath,11 and on 3 June it reported that he was fully restored to his honour and dignity,12 but Parliament ordained him to raise a reduction of the decree of for- feiture.13 Sir Robert was taken prisoner at the battle of Worcester, 3 September 1651, and committed to the Tower on 16 September.14 He was, on 25 June 1652, allowed 1 Gordon's Scots Affairs, i. 108. 2 Spalding's History, i. 331. 3 Acta Part. Scot., v. 675. 4 Balfour's Annals, iii. 101. 6 Acta Part. Scot., vi. 5, 6, 13 and 44. 6 Balfour's Annals, iii. 101. 7 Fifth Rep. Hist. MSS. Com., 92. 8 Acta Parl. Scot., vi. 104. 9 Balfour's Annals, iii. 282; Acta Parl. Scot., vi. 182. 10 Clarendon's History of the Rebellion, ii. 508. 11 Acta Parl. Scot., vi. 601 and 606. 12 Ibid., vi. 617. 13 Ibid., vi. 623. 14 Nicoll's Diary, 59 ; State Papers, Domestic Series, 1651, 432. DALZELL, EARL OF OARNWATH 413 to go to Epsom for six weeks to drink the waters,1 and died in June 1654.2 He married, first, Christian, daughter of Sir William Douglas of Hawick ; and, secondly, Katherine, daughter of John Abingdon of Dowdeswell, co. Gloucester. On 30 October 1660 she had letters of administration as his widow. She married, secondly, 30 December 1661 (aged 26), William Watkins of Westminster (aged 60), who died probably before June 1662 ; and thirdly, as his second wife, Samuel Collins, M.D. , who died 9 April 1710. She died 12 August 1712.3 1. GAVIN, third Earl of Carnwath. 2. William, who died unmarried before 1647.4 3. Anna, married to John Hamiltoun of Preston, without issue (contract 27 September 1632, registered 29 June 1641).5 III. GAVIN, third 'Earl of Carnwath, obtained along with his wife a charter of the lands of Gashogill and others in 1644, resigned, in implement of his marriage-contract, by his father and himself.6 On his father's forfeiture he had to pay 100,000 merks for the former's liferent, and, to do this, conveyed the estate of Dalzell to his cousin, James Hamilton of Boggs in 1647,7 and in the following year he parted with the mill of Lanark to Colonel William Lockhart of Lee, and the ten-pound land of Grange to William Car- michael.8 He had in 1646 got a charter of novodamus of the barony of Dalzell,9 and, after the sale of these portions of it, obtained in 1648 a fresh grant from the King of the earldom and of the barony of Carnwath.10 In the same year an Act and a ratification with regard to the Earl of Carnwath, the provisions of which are not recorded, were passed.11 In 1659 Cromwell granted him a charter of the barony of Home, apprised from James, Earl of Home for 6575 merks.12 He served on various Committees of War for the counties of Dumfries and Lanark,13 was a Commissioner of Supply for these shires in 1661 and 1667,14 and sat in the Parliaments of 1661 to 1673.15 On 30 May 1661 a report was 1 State Papers, Domestic Series, 1651-52, 301. 2 Diet. Nat. Biog. 3 Com- plete Peerage. 4 Gen. Retours, No. 3226, 19 January 1647. 5 Deeds, vol. DXXX. 6 Eeg. Mag. Sig., 18 November 1644. 7 Ibid., 23 August 1647. 8 Ibid., 24 May 1648. 9 Ibid. , 15 April 1646. 10 Ibid., 29 July 1648. " Ada Parl. Scot. , vi. 283, 334. 12 Reg. Mag. Sig., 18 February 1659. 13 A eta Part. Scot., vi. 132, 213, and 297-298. " Ibid., vii. 91 and 544. ™ Ibid., vii. and viii. passim. 414 DALZELL, EARL OF OABNWATH presented to Parliament as to the losses sustained by the late Earl and his son Gavin, now Earl, which were estimated at £93,600, and, with interest, at £188,018, 13s. 4d., whereupon Parliament represented to the King the propriety of com- pensation being made.1 He died November or December 1673, leaving a will.2 He married, first (contract 21 July 1637, by which Robert, his father, bound himself to infeft his son and his wife in the lands of Elliok, and his wife brought a tocher of 20,000 merks),3 Margaret, elder daughter of David, Lord Oarnegy, son of first Earl of Southesk,4 by whom he had issue. She was living 4 July 1648. He married, secondly, before 14 December 1663,5 Margaret Erskine, eldest daughter of Alexander, Viscount Fenton, son of Thomas, first Earl of Kellie. 1. JAMES, apparently by second marriage,6 fourth Earl of Oarnwath. 2. JOHN, fifth Earl of Oarnwath. 3. Robert, educated at Glasgow University.7 4. Margaret, by first marriage.8 5. Jean, married to Claud Muirhead of Lachop. 6. Christian, died 1650.9 7. Mary, died 1650. These four sisters had a bond of provision in 1648, and were all by first marriage.10 IV. JAMES, fourth Earl of Oarnwath, was at Glasgow University in 1659,11 and served heir to his father on 30 May 1676.12 He obtained from Charles n., in 1675, a fresh charter of the lordship and barony of Oarnwath,13 and sold the estate to Sir George Lockhart, President of the Court of Session, in 1684.14 Died 1688.15 He married Mary Seton,16 youngest daughter of George, third Earl of Winton, who died January 1713, and by whom he had issue : — 1. A son, who died young.17 2. Elizabeth, married, first, Lord John Hay, second son of 1 Acta Parl. Scot., vii. 237, App. 46. 2 Dumfries Tests., vol. iv. 13 May 1675. 3 Carnegie Earls of Southesk, i. 114. 4 Ibid. 5 Gen. Reg. of Sasines, vii. 306. 6 Ibid. 7 Munimenta Alme Universitatis Glas- guensis, iii. 114. 8 Lanark Tests., 4 March 1653. 9 Ibid., vol. v. 4 March 1653. 10 Ibid. ll Munimenta Alme Universitatis Glasguensis, iii. 110. 12 Gen. Retours, No. 5909. 13 Reg. Mag. Sig., 3 March 1675. 14 Ibid., 15 February 1684. 15 Edinburgh Tests., vol. Ixxxi. 4 December 1701. l6 A portrait of her was sold at Colonel James Seton's