THE SCOTS PEERAGE Edinburgh : Priuted by T. aud A. CONSTABLE FOR DAVID DOUGLAS LONDON . . . SIMPKIN, MARSHALL, HAMILTON, KENT AND CO., LIMITED CAMBRIDGE . . MACMILLAN AND BOWES GLASGOW . . JAMES MACLEHOSE AND SONS THE SCOTS PEERAGE FOUNDED ON WOOD'S EDITION OF SIR ROBERT DOUGLAS'S of £>cotlan& CONTAINING AN HISTORICAL AND GENEALOGICAL ACCOUNT OF THE NOBILITY OF THAT KINGDOM EDITED BY SIR JAMES BALFOUR PAUL LORD LYON KING OF ARMS WITH ARMORIAL ILLUSTRATIONS VOLUME III EDINBURGH : DAVID DOUGLAS 1906 All rights reserved OS P35 I/. 3 CONTENTS AND LIST OF ILLUSTRATIONS PAGE CRAWFORD, LINDSAY, EARL OF, . . . . . . 1 With full-page Illustration. CRICHTON, CRICHTON, LORD, . . . . . . 52 CROMARTIE, MACKENZIE, EARL OF, . , , - • • • 69 DALHOUSIE, RAMSAY, EARL OF, . «;) ,,. .,. Vi . 7 .. ?.(' ,.ri> 87 With full-page Illustration. DELORAINE, SCOTT, EARL OF, .... f f^ . Ill DING WALL, KEITH, LORD, .^ ;f ;V) Vnv > • v • 115 DINGWALL, PRESTON, LORD,. ',^viMux4\> ... 117 DIRLETON, MAXWELL, EARL OF, ;T!O'i>l •', • . '{'Hi. . .126 DOUGLAS, DOUGLAS, EARL OF, 132 DOUNE, STEWART, LORD, 186 DUFFUS, SUTHERLAND, LORD 191 DUMBARTON, DOUGLAS, EARL OF 216 DUMFRIES, CRICHTON, EARL OF, 219 DUNBAR, DUNBAR, EARL OF, 239 DUNBAR, HOME, EARL OF, 280 DUNBAR, CONSTABLE, VISCOUNT, 290 DUNBLANE, OSBORNE, VISCOUNT, 301 DUNDEE, SCRYMGEOUR, EARL OF, 303 DUNDEE, GRAHAM, VISCOUNT OF, 316 DUNDONALD, COCHRANE, EARL OF, 334 With full-page Illustration. vi CONTENTS PAGE DUNFERMLINE, SETON, EARL OF, . . " . ., . . 369 DUNKELD, GALLOWAY, LORD, . . . . . ... 376 DUNMORE, MURRAY, EARL OF, . , . . * . 383 DYS ART, MURRAY, EARL OF, . . . . . . 397 EGLINTON, MONTGOMERIE, EARL OF, . . .. . . 421 With full-page Illustration. ELGIN AND AILESBURY, BRUCE, EARL OF, . ,f , . . 466 ELGIN AND KINCARDINE, BRUCE, EARL OF, . , . 484 With full-page Illustration. ELIBANK, MURRAY, LORD, . ,. . f . . . 498 With full-page Illustration. ELPHINSTONE, ELPHINSTONE, LORD, . . . • T 525 With full-page Illustration. ERROLL, HAY, EARL OF, . <: V . -.'."' ^ f. 555 With full-page Illustration. EYTHIN, KING, LORD, . . !' ! ;A. ^, U^ ,-i/J >' 58g FAIRFAX OF CAMERON, FAIRFAX, LORD, . . ' . '.' 595 With full-page Illustration. FALKLAND, GARY, VISCOUNT, ,;;.;* „ a; ;/ i , ; v:t ; 607 LIST OF CONTRIBUTORS TO VOL. III. J. A., . . . REV. JOHN ANDERSON, Assistant Curator His- torical Department, H.M. General Register House. W. B. A., . . MAJOR WILLIAM BRUCE ARMSTRONG. R. E. B., . . , . COLONEL THE HON. ROBERT BOYLE. W. K. D., . . WILLIAM K. DICKSON, Keeper of the Advocates' Library. F. J. G., . . •. FRANCIS J. GRANT, Rothesay Herald. H. W. F. H., . . H. W. FORSYTH HARWOOD, Editor of The Genealogist. W. A. L. . . . WILLIAM A. LINDSAY, K.C., Windsor Herald. J. R. N. M., . . J. R. N. MACPHAIL, Advocate. K. W. M., . . KEITH W. MURRAY. K. P., . . . KATHERINE PARKER. J. B. P., . . . SIR JAMES BALFOUR PAUL, Lyon King of Arms. G. S., . . . GEORGE SETON. A. F. S., . . .A. FRANCIS STEUART. C. S. T., , . . CHARLES SANFORD TERRY, Burnett-Fletcher Professor of History in the University of Aberdeen. LINDSAY, EARL OF CRAWFORD HE Scottish House of Lind- say,1 of which the Earl of Crawford is chief, was founded early in the twelfth century by Sir Walter de Lindesay who accompanied David, brother of the King of Scotland (afterwards David i.), tenant (jure uxoris) of the great fief or earldom of Hunting- don, when he took pos- session of the Principality of Cumbria. It is not certain whence the surname of Lindesay, Lindesaia or Lindissie (there have been nearly two hundred variations of the spelling) was derived, but there were several persons bearing the name in England at the close of the eleventh century. In particular, Baldric, tenant of manors under the Earl of Chester in 1086,2 granted tithes thereof to the Monastery of St. Evreux in Normandy before 1100, being described in the chartulary3 of that house as Baldric de Lindesay. SIR WALTER DE LINDSAY was one of the Council of Prince David, who saw and heard the local magnates give evidence at the Inquisition of the property of the See of Glasgow, 1 For the argument that the name Lindsay is a variant of Limesay, and that the Lindsays were cadets of the great house of Tony, see Lives of the Lindsays, edit. 1858. 2 Domesday Book, 3496. 3 Cal. of Docs. (France), 223. VOL. III. A 2 LINDSAY, EARL OF CRAWFORD circa 1120,1 and was previously proprietor of Fordington in Lindsey, where he granted2 lands to Alured the Deacon. This manor of Fordington is traced to several of his suc- cessors in Scotland. He witnessed several charters of Prince David, and was succeeded by his son (or brother), WILLIAM DE LINDSAY, who witnessed a charter to the Abbey of Ramsey in 1134.3 He also appears as witness to a charter granted in the Parliament of Scotland of 1147,4 and as witness to many charters of King David i. He granted lands at Ercildun or Earlston, and at Oaddyslea to the Abbey of Dryburgh.5 His son and heir, WALTER BE LINDSAY, who apparently held Fordington,6 confirmed his father's grant to Dryburgh, and also gave the church of Earlston to the Abbey of Kelso 7 for the soul of his uncle Walter concedente Willelmo filio meo. He was a witness to the charters of King Malcolm iv.8 and a Justiciar9 of Scotland, 1164. He also witnessed a conven- tion at Ramsey,10 and in 1138 was remitted ten shillings in the accounts of the Sheriff of Huntingdon.11 His son and heir, WILLIAM DE LINDSAY, gave the lands of Fauope to the Abbey of Melrose 12 before 1179, among the witnesses to his charter being Swan, the son of Thor, and Arosinus de Lindsay. Both Earlston, where he gave other lands before 1170, and Crawford, which he possessed at the close of the century, were first held under Swan, the son of Thor, a south-country magnate whose family acquired lands in Perthshire, and took the name of Ruth- ven. William de Lindsay was one of the hostages for King William in 1174, described by Wyntoun as 'the 1 Reg. Epis. Glasguen., 7. 2 Dugdale's Monasticon, vi. 829 (Fortintone was in the Earl of Chester's demesne, 1086). 3 Chart, of Ramsey (Rec. Com.), i. 156. 4 Acta Parl. Scot., i. 359. 6 Reg. of Dryburgh, 79, 83. 6 Dugdale's Monasticon, vi. 821. 7 The Charters in Earlston of Walter and William are printed in Raine's North Durham, App. x. 69, the original deeds being at Durham, with perfect equestrian seals. 8 Chart, of Soltre, 7. 9 Acta Parl. Scot., i. 364, etc. 10 Chart, of Ramsey, i. 253. 11 Cal. Doc. Scot., i. 58. 12 Chart, of Melrose, i. 11. This charter is placed in the Chartulary temp. Male, iv., apparently in error. LINDSAY, EARL OF CRAWFORD 3 greatest that of our land were seen.1 1 His marriage to a great English heiress can be approximately fixed at that date, for their son and heir was a Justiciar in 1208, and his son a minor in 1214. In 1180 William sat in Parlia- ment as Baron of Luffenac2 (Luffness), and he witnessed many royal charters down to near 1200. After 1187, if not before, he is found acting as Justiciar. He confirmed to the Church of Binning a donation of Durandus his 'antecessor' (which Durandus was Sheriff contemporary with the first Lindsay),3 and granted lands at Binning to Cambuskenneth,4 and in Crawford to Newbattle,5 to which last abbey a succession of grants was made by his issue. In 1188 he was certified by the Sheriff of Northumberland as having right in lands which had be- longed to Randolph de Lindsay,6 who had obtained a great estate by marriage with Etheldreda, a granddaughter of Oospatrick, fir si Earl of Dunbar,7 which Randolph was a benefactor of the Priory of St. Bees. William probably married two wives, by the first of whom he had : — 1. WALTER, of whom below, who succeeded to his English manors. By his marriage with Alienora, daughter and eldest8 co- heir of Gerard de Limesi (great-grandson of Randolph9 dc Limesi, tenant in chief of forty lordships in 1086, and founder of the Priory of Hertford) by Amicia de Bidun, he had : — 2. DAVID, described as his heir in Crawford,10 and presum- ably 3. WILLIAM, whose issue succeeded to Crawford, and who was the ancestor of the Earls. (See post.) The Justiciar died about 1200. His eldest son, WALTER DE LINDSAY, was Lord of Lamberton before circa 1200, when he had licence from the Prior of Coldingham to have a private chapel in his castle there.11 He was Sheriff 1 Palgrave, Doc. Scot., 63 ; Wyntoun, bk. vii. chap. viii. fol. 172b. 2 Acta Parl. Scot., i. 388; Chart, of Melrose, i. 103. 3 Sir Archibald Laurie's early charters; cf. Priory of St. Andrews Chart., 180-181. 4 Chart, of Cambuskenneth, 44. 5 Chart, of Newbattle, 102. 6 Lives of the Lindsays, i. 20 ; Pipe Roll, 1 Ric. i. ; Cal. of Docs., 28. " Dug- dale's Monasticon, iii. 584. 8 Testa, de Nevill., 285. 9 Dugdale's Baronage, i. 413 ; Index to Domesday Book. 10 Chart, of Newbattle, 102. 11 Raine's North Durham, App. No. 649. 4 LINDSAY, EARL OP CRAWFORD of Berwickshire, Constable of Berwick,1 and one of the Justiciars of Scotland. He held the manors of Fordington and Ulseby, co. Lincoln ; and Molesworth, in the earldom of Huntingdon.2 He granted the churches of Fordington and Ulseby3 to the Abbey of Croyland, and lands to the Knight Templars. He was an ambassador to England 1215 to ask restitution of the earldom of Huntingdon,4 he witnessed many charters of Kings William and Alexander ii., and died about 1221. His wife's name is unknown, but after his death she was married against her will, about 1222, to P. de Valence, when a dispensation was obtained for consanguinity.5 SIR WILLIAM DE LINDSAY, Lord of Lamberton, Sheriff of Berwickshire,6 witnessed a charter of King Alexander as William, son of Walter de Lindsay. He also held Moles- worth and Caldecote of the earldom of Huntingdon.7 He was ambassador to England 1237, and party, as a baron, to the treaty between Alexander n.8 and Henry in. in 1244.9 He married, about 1220, Alicia, daughter of William de Lancaster, Lord of Kendal, by Agnes de Brus, co-heiress with Helewise, wife of Peter de Brus,10 of her brother William de Lancaster,11 and died about 1247. WALTER DE LINDSAY,12 Lord of Lamberton, Molesworth,13 etc., Sheriff of Berwickshire, and Justiciar of Lothian,14 inherited a vast property in Lancashire and Westmoreland (including most of what is known as the Lake District), in right of his mother, and paid a fine of two marks of gold to be respited from taking knighthood against his will, and he further delayed it to make a pilgrimage to the shrine of St. James.15 He was sixteen years old, 31 Henry in. He granted a charter of liberties to the burgh of Warton in Lancashire,16 had licence to make a pilgrimage to Spain 1 Raine's North Durham, App. , p. 28 ; Chart, of Soltre, 16-17. 2 Abbrev. Plact., 32; Rot. Litt. Glaus, i. 250. 3 Cal. Doc. Scot., i. 313. 4 Rymer's Feeder a, i. 203; Cal. of Docs., i. 629. 6 Chron. de Melros, 139. 6 Raine, App. 59-73. 7 Croyland Chart. MSS. 8 Cal. of Docs., i. 1329. 9 Ibid., 1654. 10 Compare notes in Wetherall Chart. (Prescott). « Cal. of Docs., 1796-1968. 12 Excerpta a Eot. Fin., ii. 7. 13 Cal. of Docs., i. 1968. 14 Chart, of Newbattle, 151. 16 Cal. of Docs., 2073-2212. 16 Charter printed in Baine's Lancashire, iv. 571. LINDSAY, EARL OF CRAWFORD 5 1260, and was ambassador to England 1265.1 His wife's name was Christian, who was married, secondly, in Scot- land, to Walter de Percy of Kildale,2 as attested by King Alexander in. 23 September 1274.3 This great baron died on All Souls' Day 1271,4 leaving issue :— 1. WILLIAM, his heir, and perhaps two others. 2. Gilbert6 thought to be identical with Gilbert de Molesworth,6 and 3. Walter of Parva Lamberton.7 Probable ancestor of the Lindsays of Thurston.8 4. Margaret, wife of Sir David de Lindsay. 5. Alicia, wife of John Comyn of Badenoch and Tynedale.9 WILLIAM DE LINDSAY, Lord of Lamberton, and of half the Honour of Kendal, was born 24 June 1250, and married before his father's death.10 He did homage for all his Eng- lish lands 28 January 1271-72,11 and was bailiff for the King of Scotland in Cumberland 1278.12 He was summoned on military service against Llewellyn, Prince of Wales, 1276- 82,13 and was killed in battle there 6 November 1283.14 He married, at Whitsunday 1266, when aged 16, Ada,15 daughter of Sir John de Baliol and Devorgilla, daughter of David, Earl of Huntingdon, which Ada was sister of John Baliol, afterwards King. They had issue one daughter and heiress : — 1. Christian,16 sixteen years old at her father's death, 1282 ; married to Ingelram de Guignes (or Ghesnes), son of Arnold in., Count of Guignes, by Alice, daughter of Ingelram, Sire de Coucy, and afterwards, in right of his mother, Sire de Coucy.17 Ingelram did homage for his wife's English lands 28 May 1283, and his right to the Berwickshire lands was asserted by 1 Col. of Docs., 2381. 2 Ibid., ii. 52. * Ibid., ii. 23, 52; Abbrev. Rot. Orig. , i. 23. 4 Cal. Doc. Scot. , 2626. 6 Ibid. , iii. 151. 6 Rot. Hundred, ii. 618. 7 Acta Parl. Scot., i. 428. 8 Cal. of Docs., ii. 508. 9 These daughters are inferred from the facts that Alicia and her husband were in possession of Ulseby, and her son John Comyn was guardian of Sir Alexander, son of David and Margaret de Lyndsay; Cal. of Docs., ii. p. 54. 10 Cal. of Docs., i. 2626. " Ibid., i. 2635. 12 Ibid., ii. p. 38. 13 Rymer's Fcedera, ii. 73, 190. 14 Lives of the Lindsays, i. 31 n, quoting Knyghton. 16 Cal. Doc. Scot., i. 2626. 16 Cal. Gen., 6 Ed. i. « Cal. of Docs., ii. 239. 6 LINDSAY, EARL OF CRAWFORD King Edward. He was repeatedly summoned to the Parliaments of England.1 Their issue, Sires de Ooucy in France, Earls of Bedford in England, are now re- presented by the Duke of Parma 2 as heir to the late Henry v., Oomte de Ohambord.3 Christian died 1335. The next branch of the family was descended from SIR DAVID DE LINDSAY, Lord of Luffness and owner of Crawford, eldest son of William de Lindsay by Alienora de Limesi. He was Justiciar before 6 November 1208.4 He confirmed his father's grant in Crawford to Newbattle and gave additional lands.5 He was a constant witness to the charters of Kings William and Alexander n., and he witnessed the foundation charter of Lindores by Earl David.6 He died about 1214,7 and in 1220 his son was found co-heir to Limesi.8 This David confirmed a charter of Sleparsfield or Slipperfield to the Abbey of Holyrood granted by Richard de Cumyn and his wife Hextilda.9 Sir David married Marjory,10 a member of the reigning house of Scotland, alleged by Jier great-grandson Sir Robert de Pinkeney,11 named below, to have been sister of Kings Malcolm and William. This being chronologically impossible, she was perhaps a daughter of one of the two Henrys, natural sons of Earl David. She was (with her son) foundress of the Monastery of Elcho.12 They had issue :— 1. DAVID, who succeeded. 2. GERARD, heir to his brother. 3. Walter, said to have married Christian Huse, and to have issue.13 4. William" died s. p., supposed to be identical with the Chancellor of Scotland of that name.15 5. ALICIA, heiress of her brothers. 1 Palgrave's Write. 2 See Lives of the Lindsays, i. 413 (App.), edit. 1858. 3 Cal. of Docs., iii. 1159. 4 Cart, of Lindores, 168 ; Acta Part. Scot., i. 68*. 5 Cart, of Newbattle, 103, etc. 6 Cart, of Lindores, 5. 7 Hot. Litt. Claus., 63. 8 Testa de Nevill., 285. 9 Haigh Hall Charters. Both charter and confirmation are now in possession of the Earl of Crawford, and that of David has a fine seal, exhibiting an eagle rising. 10 Cal. of Docs., i. 1614. n Rymer, ii. 576. 12 Cart, of Dunfermline, 107. 13 Cart, of Paisley, 233. 14 Cart, of Newbattle, 105. These Lindsays were sometimes named Limese in English Records. 15 See Crawfurd's Lives of Officers of State. LINDSAY, EARL OP CRAWFORD 7 SIR DAVID DE LINDSAY, a Justiciar of Scotland,1 Lord of Luffness and Crawford, was found by inquisition heir to half the Limesi fee in England. The ward and marriage of himself and his brothers and sisters having been granted by the King of England2 to William de Cantelupe, it was claimed by, and allowed on payment of £200 to, King Alex- ander ii. Sir David made further grants to Newbattle and Dunfermline,3 and assisted his mother to found Elcho. He sat in Parliament at Scone 1227, was abroad beyond seas in 1230,4 and died in 1241. His widow Christina5 married Sir Robert de Pinkeney.6 SIR GERARD DE LINDSAY, Lord of Luffness, Crawford, and the half of Limesi, was found heir to his brother by in- quisition, and did homage in England 14 May 1241 .7 He made further grants to Newbattle,8 and died in 1249. ALICIA DE LINDSAY was found heiress of her brothers by inquisition in England,9 and was wife of Sir Henry de Pin- keney, Lord of Wedon-Pinkeney, a great English baron, who did homage for his wife's lands 34 Henry in. paying £50. Their son Henry was father of Sir Robert de Pin- keney, a claimant of the Crown of Scotland.10 Sir Robert had litigation with the Prior of Coventry, his plea proving the identity of the Lords of Crawford and Limesi.11 He died s. p., and his brother Sir Henry, who served in Scotland under Kings Edward i. and 11., left Wedon-Pinkeney to the King of England.12 Owing to the war of independence, it is doubtful whether the Pinkeneys ever actually obtained possession of the Scottish lands, and on the death of Sir Henry, Sir Alexander de Lindsay, undoubted chief of the Scottish Lindsays, was admitted to be Lord of Crawford. WILLIAM DE LINDSAY (the younger son of William de Lindsay and Alienora de Limesi) was seneschal to the Steward of Scotland (and a constant witness to Paisley 1 Cart. Com.-Lennox, 30 ; Cal. of Docs., i. 832. 2 Rot. Litt. Claus, 496. 3 Cart, of Dunfermline, 107; Cart, of Newbattle, 104. 4 Cal. of Docs., i. 1089; Ibid., 1530, etc. 6 Excerpta a Rot. Fin, 30. 6 Cal. of Docs., 1530-1531. 7 Ibid., 1532. 8 Cart, of Newbattle, 108. » Cal. of Docs., i. 1753. 10 Rymer's Fcedera, ii. 576. n Placita, 13 Edw. i. M. 16d. (Record Office). 12 Dugdale Baronage. 8 LINDSAY, EARL OF CRAWFORD charters), a circumstance which may account for the fess chequy borne in the coat armour of his descendants, for the first line of Crawford carried an eagle, and the line of Lam- berton bore an orle like the Baliols. He was father of 1. SIR DAVID, and (presumably) of 2. William, ancestor of Craigie. SIR DAVID DE LINDSAY, Lord of Breneville, in Ayrshire, and of the Byres, in the constabulary of Haddington. He had a charter of Garmilton from Gilbert, Earl of Pembroke, 1233. ' He or his son had also a charter of Chirden in Tyne- dale,2 from Margaret, Countess of Pembroke, sister of King Alexander n., confirmed by King Henry in. 1255. He witnessed a charter of King Alexander to Scone,3 as * David de Lindsay patre, filio Wilhelmi,' 5 February 1241. He was Justiciar of the Lothians 1243-49,4 and a party to the treaty with England 1244.5 Sir David founded a mass at Bal- merino for the soul of Queen Ermengarde, 'domina mea,' confirmed by the King 28 March 1233. 6 His wife is un- known. Sir David had issue :— 1. SIR DAVID, his heir. 2. Sir John de Lindsay, Chamberlain of Scotland,7 who by his wife Dyonisia, daughter of Alexander Bene, in Northumberland, had issue :— (1) Sir Simon de Lindesay.B (2) Sir Philip de Lindesay, both Knights Bannerets of Lincoln- shire, ancestors of the Lindsays of Wauchopdale and Barcloy, etc.9 SIR DAVID DE LINDSAY, who acted as one of the Regents of Scotland in 1255,10 was High Chamberlain in 1256. He witnessed a confirmation charter of King Alexander in. to Balmerino as ' David de Lindesay, juniore.' n He joined the Crusade of St. Louis in 1268, and died in Egypt.12 By 1 This writ, which is registered in Acts and Decreets, vol. xiii., is now in the possession of the Earl of Haddington, and is printed in Fraser's Earls of Haddington, ii. 225. 2 Cal. of Docs., i. 1981. 3 Cart, of Scone, 46. 4 Macfarlane's Codex Diplomatica, MSS., i. 193. 5 Rymer, Fcedera, ed. 1816, i. 257; Cal. of Docs., i. 1654. 6 Cart, of Balmerino, 17-18. 7 Pipe Rolls, 1267. 8 Parl. Writs, i. 333 ; Ibid., 419. 9 Rymer, Fcedera, ed. 1816, i. 995. 10 Acta Parl. Scot., i. 77 ; Pat. Roll, 29 Hen. in. » Cart, of Balmerino, 21. 12 Dugdale, Monast. LINDSAY, EARL OF CRAWFORD 9 his wife, Margaret de Lindesay, probably daughter of Walter de Lindsay, Lord of Lamberton (see above, p. 5) he had issue : — 1. SIR ALEXANDER. 2. Sir William, Lord of Symington, who (circa 1310) founded masses at Deer for his two wives Alicia, and M[argaret] Oomyn, Countess of Buchan, and at New- battle for his father and mother.1 Sir James de Lindesay, Lord of Crawford, succeeded to Symington,2 and claimed to be Lord of Buchan. 3. Sir Duncan, brother of Sir William, named c. 1310. SIR ALEXANDER DE LINDSAY was found by inquisition heir to David in Tynedale 1279, and his ward was granted to John Corny n of Badenoch and Tynedale, whose mother Alicia was apparently a Lindsay.3 In 1289 he was present as a baron in the Parliament of Brigham.4 He was knighted by King Edward i., but espoused the cause of Robert Bruce, and was a companion of Sir William Wallace. Nevertheless he had done homage to King Edward 28 August 1296,5 who summoned him on military service in Flanders September 1297.6 He must have refused to obey, for he was ordered by Edward i. to be banished from Scot- land for six months,7 and all his lands were forfeited by King Edward n.8 According to Boece he was killed at the battle of Stirling, but he was present in Parliament 1308. He previously — as surmised from a charter of his son's9 — acquired possession of Crawford. There is reason to believe that his wife was a sister of James, Steward of Scotland.10- He left issue :— 1. SIR DAVID. 2. Alexander,11 who was imprisoned at Carlisle, 1308-1314, became a knight banneret, and was ancestor, as alleged, of the Lindsays of Ormiston, afterwards represented by Cockburn of Langton. 3. Reginald, prisoner at Carlisle with his brother.12 1 Cart. ofNewbattle, 137 ; Antiq. Aberdeen and Banff, iv. 4. 2 Crawford MS. in Adv. Lib. 5. 3 Cat. of Docs. , ii. 54. 4 A eta Parl. Scot. , i. 85 ; Palgrave Docs., 284. 6 Cal. of Docs., ii. 823. 6 Palgrave's Parliamentary Writs, i. 284. 7 ibid., i. 162. 8 Cal. of Docs., iii. 258, etc. 9 Acta Parl. Scot., i. 99. 10 See dispensation of 1346 below. « Cal of Docs. , iii, 85, 290, 402. 12 Ibid. 10 LINDSAY, EARL OF CRAWFORD 4. William, Rector of Ayr,1 and Chamberlain of Scotland in 1317, whose close connection with the house of Crawford2 suggests this affiliation . He died before 5 Kal. January 1339. 5. Beatrix, married, first, to Sir Archibald Douglas, and was mother of the first Earl of Douglas ; 3 secondly, to Sir Robert Erskine of Erskine, Great Chamberlain of Scotland.4 SIR DAVID DE LINDSAY, Lord of Crawford, Lord of the Byres,5 and of a number of fiefs granted to him by King Robert,6 including ' le Ootis ' held by his father under Sir Henry de Pinkeney, first appears in history as a prisoner of King Edward in Devizes Castle, 1307-1314.7 He was witness to a royal charter 12 July 1318,8 and was one of the barons who sealed the letter to Pope John xxn. in Parliament, 6 April 1320, asserting the independence of Scotland.9 He was a guarantor of the truce with England, 1323,10 Custodian of Berwick 1329,11 Constable of Edinburgh Castle 1346,12 and an ambassador to England 1349 and 1351. 13 He confirmed the charter to Newbattle of Sir Gerard de Lindsay in September 1327,14 and granted lands for the souls of himself and his wife.15 He founded a mass at Lindores for his wife before 19 November 1355,16 she being then buried there. He married Maria Abernethy, widow of Andrew de Leschelyn (Leslie) and daughter (co-heiress with her sister Margaret, Countess of Angus) of Sir Alexander de Aber- nethy, the dispensation for which marriage was granted on 28 November 1324,17 on the narrative that she and her pre- vious husband were both related in the fourth degree to David de Lindsay of the diocese of Glasgow. Sir David granted an annuity of 20 shillings for the maintenance of Alicia de Lindsay, a nun at North Berwick.18 Sir David had 1 Robertson's Index, 12 ; Eeg. Mag. Sig., 15 Nov. 1600. 2 Papal Letters, ii. 546-560. 3 Fraser's Douglas Book, i. 213. 4 Papal Letters, iii. 564. 6 Cal. of Docs., iii. 33, 402, etc. 6 Robertson's Index, 6, etc. 7 Rymer's Fcedera, ed. 1816, ii. 257. 8 Cart, of Balmerino, 44. 9 Acta Parl. Scot., i. 114. 10 Rymer's Fcedera, 1816, ii. 522. n Exch. Rolls, i. 213. 12 Extracta a Cron. Scot., 181. 13 Hot. Scot., i. 727-741. 14 Cart, of Newbattle, 114. 15 Sir David placed his shield of the fess chequy on an eagle in apparent allusion to his representation of the Limesays. The seal is affixed to an original charter at Haigh dated Jan. 1345. 16 Cart, of Lindores, 45 ; Reg. Mag. Sig., folio vol. 36, 94.. 17 Papal Letters, ii. 241. 18 Exch. Rolls, i. 613-614. LINDSAY, EARL OF CRAWFORD 11 a pension from Dundee traceable for many generations in the Exchequer Rolls. He died before 13 October 1357, leaving issue : — 1. David, killed at the battle of Neville's Cross.1 2. SIR JAMES, his heir. 3. Sir Alexander (father of the first Earl), who inherited his mother's property. 4. Sir William, ancestor of the Lords Lindsay of the Byres. (See title Lindsay.) 5. - — , a daughter, who was mother to Sir Alexander de Ramsay. SIR JAMES DE LINDSAY, Lord of Crawford and Kirkmichael.2 He had been a hostage for King David n. in 1351, and appears first in Parliament 1357.3 He was appointed an ambassador to England as Dominus de Crawford 1357,4 but died before 11 November 1358. He married Egidia, daughter of Walter, Steward of Scotland, and half-sister of King Robert n. A papal dispensation for this marriage was granted at Avignon 3 Ides of April 1346,5 which describes the spouses as within the third and fourth degree on the father's side, and in the fourth degree on the mother's. A strong inference thus arises that Sir James's grandmother, wife of Sir Alexander, was daughter to the Steward. Lady Egidia de Lindsay, as she was always afterwards styled, was married secondly,6 after October 1357, to Sir Hugh of Eglinton (see title Eglinton), and thirdly (contract October 1378), to Sir James Douglas of Dalkeith. (See title Morton.) 8 Sir James and Egidia had issue : — 1. SIR JAMES, only son and heir. 2. Isabel,9 married before 13 July 1369, to Sir John de Maxwell,10 who survived her. 3. Elizabeth, married to Sir Henry de Prestoun.11 1 Fordun a Goodall, ii. 343. 2 Rot. Scot., i. 744. 3 Acta Part. Scot, i. 156. 4 Rymer's Fcedera, 1816, iii. 1, 370 ; Exch. Rolls, i. 613, 558. 5 Papal Letters, iii. 225 ; Andrew Stuart's Hist, of the Stewarts. 6 Reg. Mag. Sig., folio vol., 91 ; Had do House Charters ; Fifth Rep. Hist. MSS. Com., 612. 7 Fraser's Memorials of the Montgomeries, i. 17. 8 Exch. Rolls, iii. 666 ; Reg. Hon. de Morton, ii. 139-140; Haigh Hall Charters. 9 Reg. Mag. Sig., folio vol. p. 19. 10 Robertson's Index, 115-144. n Fraser's Maxwells of Pollok, i. 13. 12 LINDSAY, EARL OF CRAWFORD SIR JAMES DE LINDSAY, Knight Banneret,1 Lord of Crawford, Kirkmichael,2 Wigton,3 Symontoun,4 and of many other baronies, claiming also to be Lord of Buchan, was a constant witness to royal charters as 4 nepos Regis.' He sat in Parliament 1371 ,5 and was one of those who sealed the Act of Settlement of the Crown on Robert in. He had many safe - conducts from King Richard n., 1374-1395, being styled Lord de Lindesay in the safe-conduct of 15 December 1381,6 and in 1394 was an ambassador with Sir David and others to England.7 He and his cousin Sir David of Glenesk obtained mutual charters of entail.8 Sir James was Justiciar north of the Forth in 1373, also Sheriff of Lanark.9 He was present at Otterburn, and was taken prisoner by the Bishop of Durham, after having taken Sir Ma the w Redman, all of which is described by Froissart. He was one of those who promoted the famous fight between the Clan Chattan and Clan Kay on the Inch of Perth, as a means of settling their feuds. He married Margaret, daughter of Sir William Keith, Marshal of Scotland (by Margaret Fraser) who is mentioned by Wyntoun10 as defending Fyvie Castle when besieged by her nephew in 1395. She survived her husband,11 Sir James, died 1397, leaving issue two daughters : — 1. Margaret, married to Sir Thomas Colville,12 (son and heir of Sir Robert Colville of Oxenham), who died 1411.13 2. Eufemia, married to Sir John Herries of Terregles. These ladies inherited their father's lands, which he had not entailed, and the Ayrshire estate of Brene- ville thus left the Lindsays. On 12 June 1397 they sold their interest in Formartyn to Sir Henry de Prestoun, who built or added to the Castle of Fyvie. SIR ALEXANDER DE LINDSAY, Lord of Glenesk, Knight Banneret, second surviving son of David, Lord of Crawford, 1 Rot. Scot, ii. 126; Reg. Mag. Sig., folio vol. per Index. 2 Ibid., 133. 3 Reg. Mag. Sig., 120. 4 Crawford Coll., Adv. Lib. ; Spalding Club; Aberd. Collections, i. 500. 5 ActaParl. Scot., i. 545. 6 Rot. Scot., ii. 40. 7 Rymer's Fader a, vii. 788, 1708 edit. 8 Reg. Mag. Sig., i. 172. 9 Exch. Rolls, ii. 428, 435, 622. 10 Chronicle, bk. ix. chap. xvi. » Exch. Rolls, iii. 415. 12 Aberdeen and Banff Collections, i. 501-502. 13 Ibid. LINDSAY, EARL OF CRAWFORD 13 began life as squire1 to Thomas Stewart, Earl of Angus, his cousin. He inherited his mother's lands in Angus,2 and also acquired some of the baronies allotted to his aunt Margaret Abernethy, Countess of Angus.3 He further acquired Glenesk by marriage with the daughter of Sir John Stirling of Edzell. The union of these three great estates constituted the bulk of what was afterwards styled the earldom of Crawford, and extending, as they did, over about two-thirds of the whole county of Forfar, caused the district to be styled by a recent writer the land of the Lindsays. Sir Alexander was party to a truce with England as 4 chevalier et baron,' 1369.4 He sealed with his nephew the settlements of the Crown, 1371-73,5 and was Justiciar 1378.6 He had many safe-conducts from Kings Edward in. and Richard n., and on 4 December 1381 7 he obtained a passport entitling him to pass through England to the Holy Lajid, on which pilgrimage he died. Sir Alex- ander had hereditary pensions or annuities granted to him from the customs or burgh rents of Aberdeen, Crail, and Forfar.8 Having been granted the barony of the Byres by his elder brother, he transferred it to his youngest brother, Sir William.9 He witnessed many royal charters, and was conspicuous in the political life of his day. He married,10 first, Katherine, daughter and co-heir of Sir John Stirling of Glenesk, Knight, the marriage-contract being confirmed by King David in 1358. She died before 1378, having had issue : — 1. DAVID, Earl of Crawford. 2. Sir Alexander, of Baltrody, who fought in a tourna- ment with Ralph de Nevill 1391, a warrant to this effect being granted by King Richard n. 20 June.11 He had a pension from Crail, the entries in the Exchequer Rolls proving that he died between June 1 See a curious release by Sir Alexander to the heirs of Thomas Stewart, Earl of Angus, of the obligation to give him forty merks of land on becom- ing a knight (Douglas Book, iii. 28.). 2 The quartering of Abernethy by Sir Alexander's issue relates to this succession ; Sir James of Crawford and Sir William of the Byres did not quarter Abernethy. 3 Reg. Mag. Sig., 108. 4 Rymer's Fcedera, ed. 1816, iii. pt. ii. 877. 6 Acta Parl. Scot, i. 182. 6 Exch. Rolls, ii. 620. 7 Rot. Scot., ii. 40. 8 Reg. Mag. Sig., folio vol. pp. 110, 111; original charter at Haigh. 9 Reg. Mag. Sig., fol. vol. 51, 152. 10 Robertson's Index, pt. i. ; Haigh Charter-Chest. " Cal. of Docs., iv. 425. 14 LINDSAY, EARL OF CRAWFORD 1397 and May 1398. He was a substitute in the entails of Sir James and Sir David, but no mention of his issue subsequently occurs, so he presumably died without male issue. 3. , a daughter, married to David Stewart, Earl Pala- tine of Strathern, eldest son of the second marriage of King Robert n., and mother of Eufemia, Countess Palatine of Strathern. This marriage is inferred from a charter at Blair granted on 5 March 1389-90 by Countess Eufemia, with consent of her uncles and tutors-at-law, the Earl of Atholl and David Lindsay of Glenesk.1 Sir Alexander married,2 secondly, before 19 October 1378, Marjory, daughter of Sir John Stewart of Ralstoun, niece of King Robert n. She afterwards married Sir Henry de Douglas of Langnewtoun3 before 19 May 1384,4 by whom she had issue, and was again a widow in 1393.5 She assigned her terce of the Crail annuity to the Friars Minors of Dundee. By her, who was dead in 1442, Sir Alexander had issue : — 4. Sir William, of Rossie,6 known as one of those re- sponsible for the death of David, Duke of Rothesay. He was tutor to David, younger son of the Earl of Crawford 1407, executor 7 to the Earl, had charter of lands in Ballenbreich from Earl Alexander 1423,8 and died between 1435 and 1438. His wife, Matilda Stewart, is mentioned in the Exchequer Rolls 1438, and lived apparently to 1485.9 The Lindsays of Dow- hill claim descent from this marriage. 5. Sir Walter,10 of Kynneff, who was killed at the battle of Verneuil, 1424. His wife was named Katherine, and she was afterwards married to Walter Dempster. Sir Walter had a son Walter witness to a charter of Alexander, Earl of Crawford, in 1438, but after- wards Kynneff reverted to the Earl for want of heirs- 1 Liber Insulce Missarum, xlviii. ; Seventh Rep. Hist. MSS. Com., Atholl, 705, 706. 2 Transcript of original charter of Rossy at Haigh. 3 Lugton, v. vol. i. p. 14, and cf. Douglas Book, i. 103. 4 Reg. Hon. de Morton, xxxv. 5 Exch. Rolls, iii. 321 ; v. 122 and Reg. Hon. de Morton, xli. 6 Charter of the two Rossys at Haigh. 7 Exch. Rolls, iv. 35. 8 Haigh Charter-Chest. 9 Exch. Rolls, v. 15. 10 Ibid., iv. 199; see Lives of the Lindsays, 57, for authorities. LINDSAY, EARL OF CRAWFORD 15 male,1 and was by him granted to David Ogilvie of Balrnowto. 6. Euphemia, who had charters2 from her brother Sir William, her nephew Earl Alexander, and her cousin Eufemia, wife of Patrick Graham,3 Earl and Countess of Menteith. She was affianced to David, Duke of Rothesay, but the marriage did not take place. Sir Alexander died at Candia in Crete, October ' 1381, 4 and was succeeded by his eldest son. Sir Alexander Lindsay of Glenesk had a natural son John, who was a remainder man in the charter of Rossie, and living 19 October 1378.5 He also had a son James, Rector of St. Brioc, Canon and Treasurer of Aberdeen.6 He had dispensation for illegitimacy on taking Holy Orders, but as Sir Alexander and his second wife must have been cousins, James may have been their son. I. SIR DAVID LINDSAY of Glenesk, Knight Banneret,7 suc- ceeded his father in 1381, having probably been born in 1359 8 (his parents' marriage being 1358), and appears thereafter as a witness to royal charters, and as receiv- ing safe-conducts from King Richard n. He married, about 1385,9 a lady variously named Jean, Kathrina and Elizabeth, daughter of King Robert n., and was styled 4 films ' and ' frater regis.' 10 Strathnairn Castle was probably the dowry of this marriage. Sir David having a great reputation for knightly prowess accepted a challenge offered by Lord Welles to all Scotsmen, and King Richard granted a safe-conduct for the express purpose,11 of a duel or 'passage of arms' which was fought on London Bridge before the King and Queen of England,12 the day appointed being the Feast of St. George 1390. On this occasion Sir David vanquished Lord Welles, and ex- hibited two remarkable feats of strength as narrated by the chroniclers. He leaped to the ground and back to the saddle in armour, to refute an allegation that his immobility 1 Haigh Charters. 2 Beg. Mag. Sig., folio vol. p. 251. 3 Ibid., 250. 4 Extracta e var. Cronicis Scotie, Abbotsf ord Club, 194. 5 Haigh Charters. 6 Papal Petitions, i. 630. 7 Rot. Scot., ii. 126. 8 Lives of the Lindsays, i. 87, 151 n. 9 Beg. Mag. Sig., folio vol. 172, 12 ; Aberdeen Collections, 499. 0 Robertson, 133, 14. " Rot. Scot., ii. 103; Cal. of Docs., iv. 404. 12 Wyntoun, bk. ix. ch. 11. 16 LINDSAY, EARL OP CRAWFORD when Lord Welles struck him was artificial, and he closed the dagger contest after Lord Welles was unhorsed, by lifting his opponent on the point of the dagger, and hurling him to the ground ; after which he raised him, and leading him gently by the hand presented him to the Queen. After the duel King Richard presented Sir David with a silver cup,1 and he was entertained for some time in England with Sir Ralph Dalzell and others who had come in his retinue. In gratitude for this victory Sir David founded a chantry of five priests in the church of St. Mary, Dundee.2 He also endowed a chaplainry there by charter 10 December 1406. In 1392 3 Sir David was severely wounded by a Highlander at Gasclune, the result of a conflict between his men with those of the Sheriff of Forfar on one side and some .Highland caterans on the other. Upon the death, in 1397, of his cousin James, he succeeded to the lordship of Lind- say and barony of Crawford/ and at the Parliament of Perth, 21 April— 2 May 1398,5 he was created EARL OF CRAWFORD, his barony of Crawford being in the same year made a regality,6 and a herald called Lindsay created. Upon the third of January 1401-2 7 the Earl entered into an engagement to serve the Duke of Orleans, and was after- wards with a French fleet at Corunna.8 He was appointed Admiral of Scotland before October 1403, on which date a number of requests were granted contained in a Roll addressed by him as Earl and Admiral to the Pope.9 On 2 January 1405 he addressed a letter to King Henry iv. as his cousin.10 He was ambassador to England in December 1406.11 He held the office of Sheriff of Banff, which he alienated to the Earl of Moray.12 This remarkable career ended before 12 August 1407, when his son narrated a nuncupative will on his deathbed.13 A MS. genealogy at Haigh states that he died in February at Finhaven, and was buried in the Grey Friars Church at 1 Cal. of Docs. , i v. 411. 2 Bellenden's Boece ; Reg. Mag. Sig. , f ol. vol. 219, etc. 3 Wyntoun, bk. ix. ch. xiv. 4 Robertson's Index, 139, No. 6. 6 Crawford Minutes of Evidence, 13 ; Wyntoun, bk. ix. ch. xiv. 6 Cal. of Docs., iv. 602; Robertson's Index, 141, No. 64. 7 National writs of France ; copy at Haigh. 8 See Lives, i. 99 n. 9 Papal Petitions, i. 630. 10 Original in British Museum ; Lives, i. 106. n Rot. Scot., ii. 181. 12 Robertson, 142, No. 88. 13 Reg. de Panmure, ii. 186. LINDSAY, EARL OF CRAWFORD 17 Dundee.1 Of his wife, the King's daughter, there is little known. They had issue three sons : — 1. ALEXANDER, second Earl. 2. David, Baron of Newdosk, who became a priest. 3. Gerard, who must have died before the entail of 1421, mentioned below. Earl David is said to have had daughters : — 4. Marjory, married to Sir William Douglas of Lochleven. 5. Elizabeth, said to have been married to Sir Robert Keith, Marischal of Scotland, but probably to Robert (Erskine), Earl of Mar.2 II. ALEXANDER, second Earl of Crawford, was a minor at his father's death. He was a hostage for the Earl of Douglas 1406-7,3 but witnessed a royal charter as 4 nepos regis,' 6 January 1407-8/ He had a safe-conduct from King Henry iv. as 4 dilec^us consanguineus,' 20 November 1407, to pass through England to Amiens and back. He presented petitions, 1412-17,5 to the Pope for kinsmen illegitimate by ecclesiastical law, and in particular for Ingram de Lindsay (son of a ' Knight Baron '), vicar of Monkton, to have the Church of Rathow, diocese of St. Andrews. This Ingram is undoubtedly Ingelram, afterwards acolyte to the Pope and Bishop of Aberdeen.6 Earl Alexander was knighted at the coronation of King James 21 May 1424,7 and was a hostage for the King, being detained at the Tower of London, York, and Pontefract 1424-27. He took the oath of a hostage 25 March 1424.8 He had previously been one of the principal nobles who met King James on his release at Durham in February, and was then attended by eight Knights.9 He was liberated in November 1427, was present in Parliament March 1429-30, and ambassador to England January 1430-31.10 On 28 December 1421 " he had obtained a confirmation charter entailing his comitatus, perhaps the earliest Scottish entail containing a ' name and arms,' with 1 Lives of the Lindsays, i. 104, 2 Ibid., i. 105, and a pedigree printed in the Mar Peerage Minutes, 515. The pedigree given in the Reg. of Pan- mure states she married, as his first wife, Sir Thomas Maule, who divorced her, i. pp. xxv, ccxi. 3 Rymer's Feeder a, viii. 429. 4 Reg. Mag. Sig., 252 ; Rot. Scot., ii. 185. 5 Papal Petitions, i. 598-599, 600-601, 604-606. 6 Col. of Docs., iv. 1073. 7 Extracta e Cron. Scot., 227. 8 Cal. of Docs., iv. 953. 9 Rymer's Fcedera, x. 309, 327, 333, 335, 336, 381. I0 Ibid., 446. » Fother- ingham Charters ; Crawford Minutes, 18. VOL. III. B 18 LINDSAY, EARL OF CRAWFORD forfeiture, clause. In 1438 he granted Kynneff to his cousin David de Ogilvy of Balmowto.1 He was a Commissioner of truce 31 March 1438, and died before 8 September 1439.2 His wife's name was Marjory, whom he married before 1410, but her parentage is unknown. She is mentioned in a charter of the Earl founding a chaplainry at Dundee 23 April 1429,3 endowed from the lands of Westerbrichty. They had issue : — 1. DAVID, third Earl. III. DAVID, third Earl of Crawford, is mentioned as a Knight, apparently of age, 17 November 1425.4 He witnessed a royal charter as Earl on 1 February 1439-40,5 and was present in Parliament July 1442-45.6 He had an unfortunate dispute with James Kennedy, Bishop of St. Andrews, who excommunicated him for attacking the lands of the Church. He was wounded by mistake on 23 January 1445-46 at Arbroath, while endeavouring to prevent a conflict between his clan and the Ogilvys, and died four days later.7 It is stated that until Bishop Kennedy removed the excom- munication no man would bury him. Earl David was hereditary Sheriff of Aberdeenshire.8 He married Marjory,9 daughter of Alexander Ogilvy of Auchterhouse, who founded a mass for her husband with the Friars Minors at Dundee,10 and Bishop Ingelram Lindsay of Aberdeen also founded an obit.11 Earl David and Marjory (who was living 1476) had issue :— 1. ALEXANDER, fourth Earl. 2. Walter of the Arde and Beaufort,12 Inverness-shire, Edzell, and Kynblethmont, co. Forfar, who was tutor to his nephew, the fifth Earl,13 and acted as deputy-sheriff of Aberdeenshire and Forfar. He sat as Sheriff of the burgh of Aberdeen 2 May 1459.14 He apparently acquired Beaufort from David Lindsay of Lethnot, who married a co-heiress of the Fenton family, and, as Walter de Lindsay ' consanguineus 1 Haigh Charters. 2 Exch. Rolls, v. 69, 71. 3 Brechin Chartulary, ii. 20. 4 Reg. of Panmure, 190. 6 Ibid. 6 Acta Parl. Scot., ii. 59. 7 Extracta e Cron. Scot, 241 ; Scottish Kings, 197. 8 Crawford Minutes, 515 (Castle Forbes Charter). 9 Haigh Charters. 10 Reg. Mag. Sig., 17 November 1478, in note to charter of 17 April 1536. n Aberdeen Chart., v. 264. 12 Crawford Minutes, 240-249 (Edzell). 13 Ibid., 246. 14 Fifth Rep. Hist. MSS. Com., App. 630. LINDSAY, EARL OF CRAWFORD 19 regis,' had a royal charter thereof 7 November 1458.1 He died in 1475,2 having married Isabel Levington (of Saltcoats),3 who was afterwards wife of William, Lord Ruthven.4 By her he had issue : — (1) Sir David of Beaufort and Edzell,5 who was retoured heir 30 October 1475, and who had a charter of the barony of Ferne from the Earl of Crawford 1 September 1475. He was present in Parliament as Baron and a Knight 11 January 1487.6 He had a signature for a royal charter of all Glenesk 19 August 1512. r He married, first, Katherine, daughter of Thomas Fotheringham of Powrie,8 by whom he had at least four sons : 9 — i. Walter. ii. George. iii. David. iv. Mr. James. Walter was killed at Flodden, having married (it is said) an Erskine of Dun,10 by whom he had issue :— (i) DAVID, ninth Earl of Crawford, of whom . presently. (ii) Alexander, in Haltoun,11 who married a Barclay of Mathers, and had issue, with a daughter Isabel : — a. Rev. David Lindsay, designed in December 1576, 12 'of Pittorlie,' minister of Leith and Bishop of Boss, who married King James vi. to Anne of Denmark, and baptized Prince Henry. The bishop was a prominent member of the Privy Council.13 He married, first, Jonet, a daughter of George Ramsay of Clattie,14 and secondly, Helen Hariesoun, who survived him.15 Had issue :— (a) Sir Jerome Lindsay of Annat- land, created, on 17 June 1621, 16 Lyon King of Arms (in succes- sion to Sir David Lindsay of Rathillet, whose daughter he married as his second wife.) (b) Rev. David Lindsay, sometime a clergyman in Southwark. 1 Reg. Mag. Sig. 2 Crawford Minutes, 251-252; Haigh Charters. 3 Reg. Mag. Sig., 12 July 1480. 4 Ibid. 5 Crawford Minutes, 250; and Edzell Precept of Clare Constat, 30 October 1475. 6 Haigh Charters. 7 Acta Part. Scot., ii. 181. 8 Haigh Charters. 9 Ibid. ; Genealogy at Haigh. 10 Ibid. All the brothers mentioned in the series of heirs in charter of 16 October 1541 ; Reg. Mag. Sig. n Memoirs of Earl James of Balcarres. 12 Ibid. 13 Edin. Tests., 18 February 1577-78. 14 Testament of George Ramsay, Edin. Tests. 15 Gen. Reg. Inhibitions, 3 October 1615. 16 P. C. Reg., xii. 499. Sir Jerome had a numerous issue, and from him the Lindsays of Virginia claim descent. 20 LINDSAY, EARL OF CRAWFORD (c) Rachel, married to Archbishop Spottiswoode. (iii) John, in Clochy,1 who married Catherine Strachan. (iv) Robert, of Kirkton in Feme, who by his wife Matilda Luvell had issue. Sir David appears to have been contracted in marriage with an Agnes Ogilvy in 1514, which was set aside on account of propinquity in blood,2 after which he married, as his second wife, Elizabeth Spens, daughter of the Laird of Bodum (afterwards wife of John Anstruther of Anstruther, and dead in 1532).3 By her he had Alexander Lindsay of Vane, whose family is traceable for several generations,4 and Janet, wife of Ramsay of Balnabreich. Sir David was dead in 1529. (2) John, to whom William, Lord Ruthven, granted lands on condition of taking the name and arms of Ruthven, con- firmed 1 August 1507. 5 (3) Walter. (4) Ingelram. (5) Thomas. The five sons of Walter are all remainder men in a charter granted by David, Earl of Crawford, to his said uncle at Dundee 4 June 1471, in the Evelick Charter- Chest. (6) Agnes (probably), for whom Lord Ruthven was surety,6 6 November 1513. 3. William of Lekoquhy 7 (purchased by the Countess of Crawford from Alex. Ogilvie of Auchterhous 1457), died in 1468-69,8 leaving issue four sons, all men- tioned in letters of legitimation 16 July 1476 : — (1) David of Montago, ancestor of the Lindsays of Evelic, Baronets, etc. (2) Patrick of Lekoquhy. (3) Alexander. (4) Walter, who was of Skryne, and executor to his grand- mother, Countess Marjory.9 4. Sir John, killed at the battle of Brechin, 1 May 1450, said to be ancestor of the Lindsays of Pittairlie. 5. James, who went with the Princess Eleanor Stewart to Germany, and married an heiress near Augsburg.10 6. Janet, married, before 1440, to William, sixth Earl of Douglas, third Duke of Touraine, without issue. She is described as 'Dame Jehan, Countess of Douglas, daughter to Sir David, Earl of Craufurd,' 1 Haigh Charters. 2 Divorce Papers, Haigh. 3 Haigh Genealogies. 4 Haigh Charters. 5 Reg. Mag. Sig. 6 Parl. Records, 533. 7 Evelick Charters. 8 Retour in Haigh Charters. 9 Reg. Mag. Sig., 4 November 1516. 10 Lives of the Lindsays, i. 133, and authorities there quoted. LINDSAY, EARL OP CRAWFORD 21 in an agreement between her and William, eighth Earl of Douglas, dated about 1445.1 She had rents granted to her in Brechin up to 1472, and may have been alive in 1482.2 7. Elizabeth, married to Thomas Maule of Panmure, who died 1498.3 IV. ALEXANDER, fourth Earl of Crawford, was knighted in his father's lifetime/ Succeeding in 1446, he sat in Parliament 1449,5 sat as Sheriff in Aberdeen, 6 October 1450, was Commissioner of truce and ambassador 1451, and guardian of the Marches 1453.6 Earl Alexander having entered into a league with the Earl of Douglas, rose in rebellion, but was defeated by the King's army under the Earl of Huntly at Brechin on Ascension Day, 18 May 1452. Being under attainder, he, according to Lindsay of Pit- scottie, addressed the King in a long speech, asking for mercy for his relations and vassals. He was pardoned, but that a vow made by the King might be literally kept, the Sovereign went with him to Finhaven Castle, and mounting the keep threw the highest stone of the building to the ground. This Earl was named Earl Beardie, or the Tiger Earl, from the length of his beard and stern appear- ance. He died in 1453,7 and was buried at the Grey Friar's Church, Dundee, with his predecessors. Earl Alexander married Margaret, daughter and heiress of Sir David Dunbar of Cockburn, co. Berwick, and Auchtermonzie, co. Fife,8 which last barony was granted for the heroic defence of King James I. when he was assassinated in 1437. She was afterwards married to Sir William Wallace of Craigie, and in frequent litigation 1474-96.9 The Earl had issue by her :— 1. DAVID, fifth Earl, Duke of Montrose. 2. ALEXANDER, who inherited his mother's estates, and was styled of Auchtermonzie till 1513, when he succeeded his nephew as seventh Earl. 1 Original writ in Gen. Reg. Ho., No. 321. 2 Exch. Rolls, vii. p. Ixiv.- Ixviii. 3 Regt je Panmure, 239. 4 Exch. Rolls, v. 180. 6 Acta Parl. Scot., ii. 68-71. 6 Slains Charters ; Rot. Scot., ii. 344-367. 7 Exch. Rolls, v. 628, pref. c n. 8 Reg. Mag. Sig., 31 January 1496-97. 9 Acta Dom. Audit., 75. 22 LINDSAY, EARL OF CRAWFORD 3. Elizabeth, a daughter, is said to have been married to John, first Lord Drummond.1 Earl Alexander had also a natural son, Alexander,2 who was admitted to holy orders, and became rector of Bal- helvie and canon of Aberdeen.3 He died September 1493. According to the Auchinleck Chronicle, buried at Dundee. V. DAVID, fifth Earl of Crawford, succeeded. The gift of the casualty of his marriage was made to James, Lord Hamilton,4 his uncle Walter being tutor-at-law and deputy-sheriff of Aberdeenshire.5 He sat in Parliament 11 October 1464,6 and became thereafter one of the most prominent nobles attached to the Court of James m. He was sent on embassies to England 1465, 1466, 1472, 1474, and 1484.7 On 26 October 1474 he acted as proxy for James, Prince of Scotland,8 to betroth him to Cecilia, daughter of King Edward iv. During his minority his right to pensions from the Aberdeen and Banff customs was challenged and maintained, and the Exchequer Rolls continue to record many payments. His dignities were further illustrated by payments to a pursuivant or herald called Endure or Lindsay.9 The Earl alienated the barony of Crawford Lindsay to Archibald, Earl of Angus.10 He was granted the lordship of Brechin 1473, made custodian of Berwick the same year, Master of the Household, and Great Chamberlain,11 Justiciar north of the Forth, and on 18 May 1488 he was created by King James m. DUKE OF MONTROSE, with the Castle of Montrose, the rents of the burgh and the customs of the port, in full regality.12 The Duke attended his Sovereign at the fatal battle of Sauchie- burn, fought by the Prince against the King, and on 17 October 1488 a Recissory Act was passed13 which was recently held by the House of Lords to have destroyed 1 Malcolm's House of Drummond, 74. 2 Miscellany, Spalding Club, iv. 4. 3 Reg. Epis. Aberd., 331 ; ii. 91. 4 Reg. Mag. Sig., 27 February 1458-59. 5 Lives, i. 143. 6 Ada Parl. Scot., ii. 84. 7 Rot. Scot., ii. 418, 420, 429, 432, 441, 444, 445, 461. 8 Bymer's Fcedera, xi. 821. 9 Exch. Rolls, vi. 42 ; vii. 31. 10 Reg. Mag. Sig., 25 January 1495-96. " Vide Index to Reg. Mag. Sig., vol. 1424-1573; Acta Parl. Scot., ii. 147-182. 12 Reg. Mag. Sig. 13 Acta Parl. Scot., ii. 211. LINDSAY, EARL OF CRAWFORD 23 this dukedom.1 He was compelled to resign under pro- test the sheriffship of Forfar2 to Andrew, Lord Gray. The Duke retained his dignities and rights for life, but after his death in 1496 no claim to the higher rank was made by his son. The Duke died at Finhaven on Christmas 1495, and was buried at the Grey Friars, Dundee. He was twice married, first, doubtless in his minority, to Elizabeth Hamilton, only child of James, first Lord Hamilton, by his first wife, Eufemia, Lady of Bothwell and Dowager Countess of Douglas, daughter of Patrick, Earl of Strathern.3 This marriage was probably dissolved on account of pro- pinquity, for the Countess seems to have been in litigation before the Lords Auditors, after the Duke's second mar- riage to Margaret Carmichael of Meadowflat, who was known as Duchess of Montr ose. The latter was infeft in Cockburn as wife 27 May 1484, and had a confirmation of a grant from the Duke of his pensions from Aberdeen 20 October 1488.4 She also held those from Dundee and Montrose, and having founded a mass for her husband at Brechin Cathedral in 1505,5 survived till the latter part of 1534, dying some time after 11 November.6 By his first wife Duke David had issue : — 1. Alexander, Master of Crawford, Lord Lindsay, had a charter of Glenesk and other lands as fiar 6 Decem- ber 1474,7 and sat in Parliament 1481.8 He died, without issue, before 4 February 1491-92,9 having married Janet Gordon, daughter of the Earl of Huntly,10 who before 20 June 1494, as his widow, was married to Patrick, then Master of Gray.11 She is referred to as his wife several times down to March 1500-1, but the marriage was apparently 1 After the Recissory Act of 1488, another charter creating Earl David Duke of Montrose for life, without mention of heirs, was granted on 19 September 1489. Those interested in understanding the questions before the House of Lords in what was known as the Montrose Peerage case, and the manner in which they were considered, will find information in the Cases for James, Earl of Crawford, claiming to be Duke of Montrose, and Minutes of Evidence on the said claim . . . also ' Report of the Mon- trose Claim,' by Alexander, Lord Lindsay. 2 Lives of the Lindsays, i. 456. 3 Reg. Mag. Sig., 6 December 1474, 10 May 1491. 4 Ibid. 5 Ibid., 23 August 1505. 6 Exch. Rolls, xvi. 373. 7 Reg. Mag. Sig., 6 December 1474. 8 Acta Parl. Scot., ii. 137. 9 Acta Dom. Cone., 227; in 1489, according to the Lives, i. 169. 10 Gordon Castle Charters. n Acta Dom. Cone., 332. 24 LINDSAY, EARL OP CRAWFORD annulled, as before March 1508-9 she was married, thirdly (1507-8), to Patrick Butter of Gormock,1 and fourthly, before November 1535, to James Halkerston of Southwood.2 She was dead in February 1559. 2. JOHN, sixth Earl of Crawford. 3. Margaret, married to John Blair of Balmy le, with issue. 4. Elizabeth, married to David Lyon of Baky, second son of John, third Lord Glamis, and from them descended the Lyons of Cossins and Wester Ogil.3 The claims of these ladies and their issue were a source of great trouble to the subsequent Earls. VI. JOHN, sixth Earl of Crawford, who had succeeded his brother as fiar of the earldom, sat in Parliament as Earl on 6 October 1495, and witnessed a royal charter 23 June 1496.4 Little is recorded of him for some years afterwards, and it is said that he was suspected of com- passing the death of his elder brother in concert with Lady Janet Gordon.5 He was in Parliament 1503,6 and on 29 April 1506 he had permission 7 to make a pilgrimage to St. John of Amiens, and he had previously on the 15th founded a mass with the Friars Minors of Dundee for his father and brother.8 In 1509 he mortgaged the sheriffship of Aberdeen to William, Earl of Erroll.9 He was killed at Flodden 9 September 1513. He married, in 1493, Mariota, daughter of Alexander, Lord Home, but without issue.10 Earl John had a natural son John Lindsay in Downy (the name of whose mother was ' Maukyne Deuchar ') who was in litigation with the subsequent Earls, and alive till about 1563. Upon the death of Earl John, the dignity passed to his uncle, VII. ALEXANDER, seventh Earl of Crawford, styled of Auchtermonzie, who had charters of the lands of Cockburn from his mother, 8 January 1496,11 and the baronies of Inverarity and Feme from his brother, 6 March 1489-90.1* 1 Act a Dom. Cone. , xix. 320. 2 Haigh Charters. 3 The Lyons of Cossins, etc., A. Ross, 1901, 24, etc. 4 Cambuskenneth Charters, 175. 6 Com. Letters, 24 April 1512; Haigh Charter-Chest. 6 Acta Part. Scot., ii. 239. 7 Reg. Sec. Sig. 8 Reg. Mag. Sig. 9 Slains Charter-Chest. 10 Haigh Charters. " Reg. Mag. Sig., 31 January 1496-97. 12 Ibid., 1 March 1489-90. LINDSAY, EARL OF CRAWFORD 25 He was Sheriff-depute of Forfarshire 1483.1 He was superior of the lands of Lekoquhy in Ferae,2 held by his cousin David Lindsay, and obtained, 4 March 1509, a Crown lease of Rathillet in Fife.3 He sat in Parliament as Earl 19 Septem- ber 1513,4 and died in July 1517 at Finhaven and was buried at Dundee.5 He had married, before 18 March 1470, Isobel Campbell of Ardkinglas, by whom he had issue : 6 — 1. DAVID, eighth Earl. 2. Alexander, who was in remainder to Rathillet, 4 March 1509, with further remainder to the second son of his brother David.7 3. Isobel, married to James, Lord Ogilvie of Airlie.8 Her marriage and contract are recited in law papers of May 1543. 4. A daughter, wife of Gardyn.9 VIII. DAVID, eighth Earl of Crawford, was retoured heir to his father 18 Jifly 1517,10 and sat in Parliament 1524.11 He was a Knight in 1512 and married before 1502. 12 He was mulcted in large sums for non-entries since the death of Earl John, and was compelled to mortgage many of his lands to meet the claim of the Crown.13 He also sold to the Earl of Huntly his right to redeem the sheriflship of Aberdeen from the Earl of Erroll.14 He regained the Montrose pension on the death of Duchess Margaret in 1535.15 He obtained a new charter of entail 2 September 1527.16 calling to the succession after his sons the Lindsays of Edzell, Montago (Lekoquhy), and Dowhill.17 His son, Alexander, thus made fiar, having been indicted 16 Feb- ruary 1530 and found guilty of a number of crimes, and so being disqualified from succession, renounced all his rights on 20 March 1537, 18 whereupon the Earl obtained a new charter, dated 16 October 1541, 19 propelling the earldom to David, son of his second cousin, Walter Lindsay, younger of Edzell, deceased (see above under the third Earl), with 1 Seventh Rep. Hist. MSS. Com. App. 720. 2 Haigh Charters. 3 Exch. Rolls, xiii. 624. 4 Acta Parl. Scot., ii. 281. 5 Crawford Peerage Case, 64 ; Lives, i. 189. 6 Haigh Charters. 7 Exch. Rolls, xiii. 624. 8 Haigh Charters. 9 Old Genealogy. 10 Haigh Charters. n Acta Parl. Scot., ii. 288. 12 Slains Charters. 13 Reg. Mag. Sig., 24 December 1532; Haigh Charters, etc. 14 Reg. Mag. Sig., 3 March 1540-41. « Exch. Rolls, xvi. 593. w Reg. Mag. Sig. " Haigh Charters. 18 Ibid. « Reg. Mag. Sig. 26 LINDSAY, EARL OF CRAWFORD the same ultimate remainders as in 1527.1 He also assigned to Edzell all his letters of reversion for lands mortgaged. Earl David married three times, first, before 1502,2 Lady Elizabeth Hay, daughter of William, Earl of Erroll, by whom he had issue : — 1. Alexander, Master of Crawford, who did not succeed his father, had sasine of the comitatus on his father's resignation, 2 September 1527,3 but had already, in the previous year, rendered it necessary for the Earl to have him bound over to keep the peace under a penalty of £1000. On 16 February 1530, at the High Court of Justiciary held at Dundee, he pleaded guilty to many crimes against his father, but continued to have considerable rights of pro- perty. Finally he was excluded from succession, and is described as 'umquhile' in letters of Queen Mary, dated 4 October 1543,4 commanding his son David to desist from besieging Finhaven Castle. David being then a boy of five, the real delinquent was Lord Ogilvy, to whom the letters are addressed. The 'Wicked Master ' is said to have met an ignominious fate at the hands of a cobbler, but a variation of the story says it was his son David who was ' stickit by a souter in Dundee for taking a stoup of drink from him.'5 This David may have been a natural son. The Master certainly died before 5 July 1542.6 He married Janet, daughter of Lord Sinclair,7 who, after the restoration of her son, was described as Countess of Crawford in family papers 1546-58. She had a pension from the ninth Earl on renouncing lands to assist in her son's restoration. She was dead in 1562.8 They had issue : — (1) DAVID, eldest son, who became tenth Earl. (2) married to Douglas of Kilspindie, probably the second Laird and Provost of Edinburgh.9 (3) Isabel, married to John Crichton of Ruthven.10 2. James. 3. Patrick.11 1 Haigh Charters. 2 Slains Charters. 3 Haigh Charters. 4 Ibid. 5 Lives of the Lindsays, i. 197. 6 Acts and Decreets, i. 430. 7 Ms. in Adv. Lib. 8 Haigh Charters. 9 Ms. in Adv. Lib. 10 Ibid. ; Reg. Mag. Sig., 19 June 1555. » Reg. Sec. .Sig. LINDSAY, EARL OF CRAWFORD 27 4. David, parson of Lethnot in 1531. l 5. Elizabeth, who was contracted to John Erskine of Dun, 20 December 1522,2 he being under fourteen, and she was his wife when she died on 29 July 1538.3 They had issue. 6. Eufemia, married to John Charteris of Kinfauns.4 Earl David married,5 secondly, Katherine Stirling, and had issue : — 7. William, who was in remainder to Rathillet. And, thirdly,6 Isobel Lundy, who was infeft for life in the barony of Inverarity 28 September 1541, and in the 4 Great House ' in Dundee. She was afterwards married to George, Earl of Rothes.7 She had issue by Earl David :— 8. John, of Earlscairnie, who was in remainder to Rathil- let 4 January 1529-30.8 9. Isobel, married, first, to John, Lord Borthwick, who died in March 1566, by whom she had issue ; and, secondly, to George Preston of Cameron,9 brother- german of Sir Simon Preston of that Ilk. She died 15 November 1577. Her testament, dated 10 Novem- ber 1577, was confirmed 27 April 1580.10 Earl David died on 27 or 28 November 1542 at Cairnie Castle,11 and was succeeded by his cousin. IX. DAVID, ninth Earl of Crawford, retoured heir to his grandfather, Sir David Lindsay of Edzell, 9 December 1532.12 He was made fiar of the earldom by the royal charter of 16 October 1541 ,13 and having succeeded his cousin in 1542, sat in Parliament as Earl 13 March 1542-43.14 He was a member of the Privy Council 5 October 1546.15 The negotia- tions for his succession to the earldom, in consequence of the forfeiture of the 'Wicked Master,' required the ap- proval of the Crown, and he signed a bond on 28 September 1541 16 to resign the earldom when called upon into the 1 Haigh Charters and Com. Court of Brechin. 2 Fifth Rep. Hist. MSS. Com., 639. 3 Spalding Club Miscellany, iv. pref. Ixxvii. She, or another daughter of the same name, was contracted to Thomas, son of Robert Maule of Panmure, on 8 January 1526-27. Reg. de Panmure, ii. 302. 4 Ms. in Adv. Lib. ; Reg. Mag. Sig., 17 March 1524-25. 5 Reg. Mag. Sig., 30 Nov. 1528. « Ibid. 7 Acta Dom. Cone., 1546. 8 Ibid., 1528; Reg. Mag. Sig. a Com. Court of Edinburgh, 18 December 1570. 10 Edin. Tests. 1 Writ, 6 December 1554, Haigh Charters ; Lives, i. 197. 12 Retours. 13 Haigh Charters. 14 Acta Parl. Scot., ii. 410. 15 P. C. Reg., i. 44. 16 Notarial Copy at Haigh. 28 LINDSAY, EARL OF CRAWFORD hands of the King 4ad perpetuam remanentiam.' It was presumably the intention of all the parties concerned, in- cluding himself, that he should be life-tenant of the earldom, and stand in loco parentis to the natural heir. Accordingly David, son of the Wicked Master, having been adopted by Earl David, was by a new royal charter, dated 2 May 1546,1 made fiar of the earldom, with remainder, failing issue of the said David, to the substitutes mentioned in the charter of 16 October 1541. The new Master thereupon executed a bond accepting the conditions, and binding him- self on failure to again resign the earldom for himself and his heirs for ever. The documents are printed in the Crawford Case 1845-48. The tenure of the ninth Earl was greatly to the advantage of the estate, for he and his second wife redeemed several mortgages.2 The Earl married, first, Jonet, daughter of Lord Gray and widow of Thomas, Lord Fraser of Lovat,3 who had died 21 October 1524. She had conjunct fee of the barony of Feme, as wife of David Lindsay of Edzell, 12 June 1525. Her will is dated at Edzell 5 February 1549-50.4 She had no issue by Earl David. The Earl married, secondly, Catherine, daughter of Sir John Campbell of Calder (by Muriella, daughter and co-heir of John, eldest son of the Thane of Cawdor), and widow of James, Master of Ogilvie. She was infeft in the barony of Feme as wife of Earl David 12 November 1550.5 Countess Catherine was a woman of great talent, and her dealings with land and money are recorded in a large collection of writs in the possession of the Earl of Craw- ford. She died at Brechin Castle 1 October 1578,6 having made her testament on 10 June and 10 August previously, in which she mentions her children, Ogilvies and Lindsays, with much detail.7 Earl David died 20 September 1558,8 at Invermark, having made a deathbed will, confirmed 1 October, con- stituting his widow executrix and guardian, and desiring to be buried at Edzell. Earl David and his second wife had issue five sons and two daughters, namely : — 1 Reg. Mag. Sig. 2 Haigh Charters. 3 Ibid. 4 Ibid. 5 Reg. Mag. Sig. 6 Lives of the Lindsays, i. 337. The year 1574 is erroneously given in vol. i. 118. 7 Confirmed 2 June 1579, Edin. Tests. 8 Haigh Charters. LINDSAY, EARL OF CRAWFORD 29 1. Sir David Lindsay of Edzell. 2. John, rector of Lethnot, Secretary of State, Lord Menmuir, ancestor of the present Earl of Crawford.1 (See title Balcarres.) 3. Sir Walter Lindsay of Balgavies. 4. James, parson of Fettercairn. 5. Robert Lindsay, of Balhall.2 6. Elizabeth, who was married to Patrick, third Lord Drummond. 7. Margaret, married to John, Lord Innermeath, after- wards Earl of Atholl.3 Contract dated 27 October 1580.4 Earl David had also a natural daughter Janet, married to William Marshall,5 son and heir of George Marshall of Auchnacrie (contract dated 13 March 1562).6 She was married, secondly, before 22 August 1594, to George Jamesone. X. DAVID,' tenth Earl of Crawford, was twenty-four years old 14 April 1551, 8 and therefore in existence before the charter to Edzell. He was retoured heir to his grand- father 23 May 1554, and having been restored to the fee of the earldom by the royal charter of 1546 succeeded thereto on the death of the ninth Earl, 20 September 1558, sitting in Parliament on 29 November following. He was elected a member of the Privy Council,9 and took the oath and his seat 29 October 1565. He was a faithful supporter of Queen Mary, in whose army he held a command.10 He obtained new charters of entail 3 July 1559, 24 December 1563, and 4 March 1564,11 his youngest son not being therein mentioned. On 10 April 1546 12 he was betrothed to his wife, Margaret Beaton, daughter of Cardinal Beaton, Archbishop of St. Andrews and Papal Legate, who was party to the contract. She survived her husband, having had issue : — 1. DAVID, eleventh Earl. 2. HENRY, thirteenth Earl. 3. Sir John Lindsay, of Ballinscho and Woodwray, who 1 Reg. Mag. Sig., 22 December 1573. 2 Ibid., 24 March 1574-75. 3 See vol. i. p. 448. 4 Haigh Charters. 6 Ibid. 6 Ibid. 7 Acts and Decreets, i. 877, 430. 8 Haigh Charters. » P. C. Reg., i. 386. 10 Ibid., 379. « Reg. Mag. Sig. 12 Haigh Charters ; Acts and Decreets, xiii. 220. 30 LINDSAY, EARL OP CRAWFORD died 6 January 1609. l Testament dated previous day and confirmed 19 December following. He married, first, Margaret Keith, widow of John Erskine of Dun, by whom she had a daughter Margaret and a son. She died in January 1602 2 without issue to Sir John, who married, secondly (contract dated at Edzell 17 September 1602),3 Katherine, daughter of John Lindsay of Balcarres, ' Lord Menmuir,' Secre- tary of State. She survived him, and was married, secondly, to John Brown of Fordell 1615. Sir John had issue by his second wife :— (1) Lieutenant-Colonel John Lindsay, of Woodwray, who was aged fourteen and upwards 10 April 1618, 4 and retoured heir to his father 28 March 1628. He joined the army of Gustavus Adolphus, and was killed at New Brandenburg. (2) Lieutenant-Colonel Alexander Lindsay, *> aged fourteen in 1620, who also served under Gustavus Adolphus, and was killed in Bavaria. (3) Lieutenant-Colonel Henry Lindsay, aged fourteen in 1620,6 who also served under the King of Sweden and died in 1639, having made his testament at Hamburg, 22 February of that year. Ludovic, sixteenth Earl of Crawford, was re- toured his heir of conquest 28 August 1639.7 (4) Margaret, mentioned in the wills of her father 1609, and her brother Henry 1639. 4. Alexander, Chamberlain to King James vi., created in 1590 Lord Spynie. (See that title.) His grandson, George, Lord Spynie, became chief and de jure Lord Lindsay on the death of Earl Ludovic. 5. Sir James,8 sometime of Pitroddie, born after the entail of 1564, and mentioned as brother-german of the Earl of Crawford in several charters, and Acts and Decreets of the Court of Session. He was beyond seas 1597. 6. Helen,9 only daughter, married (contract dated March 1570) to Sir David Lindsay of Edzell. She died in December 1579, leaving issue. (See title Balcarres.) David, tenth Earl, died in February 1572-73,10 and was succeeded by his eldest son, XI. DAVID, eleventh Earl of Crawford, who was a pro- 1 Crawford Minutes, 211. 2 Edin. Test. 3 Haigh Charters. 4 Crawford Minutes, 216. 5 Haigh Charters. 6 Ibid. 7 Inquis. Gen., 2445. 8 Fourth Rep. Hist. MSS. Com., 527. 9 Acts and Decreets, xlii. 21. 10 Retour of 6 March 1611. LINDSAY, EARL OF CRAWFORD 31 minent adherent of the Roman Catholic party in Scotland, and in correspondence with Philip n. of Spain, with the view of avenging the murder of Queen Mary.1 He was a member of the Privy Council in October 1575,2 and in July of the same year granted letters of remission to John Leslie of Parkhill,3 one of those guilty of the murder of Cardinal Beaton. He had a new charter of entail 16 August 1587/ He was in Parliament 30 October 1581,5 and previously had licence to be abroad for three years, being accused of killing Lord Glamis. He married, first, Lilias, daughter of Lord Drummond and Lilias Ruthven 6 (contract dated 11 February 1572), respecting whom there is a well-known ballad which relates the unhappy separation of the couple through a misunderstanding, and their death on the same day.7 Whatever foundation of fact there may be in the ballad the latter, part is untrue, as the Earl married, secondly,8 Grizel Stewart, daughter of John, Earl of Atholl and Margaret Fleming (contract in 1581, registered 18 January 1583). The Earl died 22 November at Oupar- Fife, aged fifty-five, and was buried at Dundee 1607,9 hav- ing had issue : — 1. DAVID, twelfth Earl. 2. James. 3. Claud. Both died s. p. 4. Mary. She was ' ravischeit and away took ' 10 from Fynnevin in November 1610 by Alexander Rynd, a servant (probably a page, and one of the family of Rynd of Carse), and taken by him to Forfar. The main incidents in her career may be gathered from the Minutes of the Privy Council in 1611 and 1617.11 XII. DAVID, twelfth Earl of Crawford, was retoured heir of his father 28 June 1608,12 and to his grandfather 6 March 1611. He sat in Parliament 1608-9,13 was nominated a member of the Privy Council, and took the oath of alle- giance 10 March 1608. u He was in constant financial 1 P. C. Reg., iv. xxxiv. 332n. 2 P. C. Reg., ii. 467. -Fourth Rep. Hist. MSS. Com., 504. 4 Reg. Mag. Sig. b Ada Parl. Scot., iii. 195. 6 Acts and Decreets, 1. 271. 7 Buchan's Ancient Ballads of the North of Scotland, i. 61. 8 Haigh Charters. 9 P. C. Reg., vii. 440. 10 Lives, i. 387. " P. C. Reg. , ix. 300 ; xi. 2. » Retours. ^ Acta Parl. Scot., iv. 403-405. u P. C. Reg., viii. 59. 32 LINDSAY, EARL OF CRAWFORD trouble and alienated most of the property, being de- scribed as the 4 Prodigal Earl/ On 8 October 1608 l he mortgaged the barony of Finhaven to John, Lord Lindsay of the Byres, the first step in the arrangement described below, by which the Lords of the Byres supplanted the heirs of Crawford. The Earl died a debtor in Edinburgh Castle in June 1620, and was buried in the Canongate Church.2 He married, before 16 April 1610,3 Jean Ker, widow of Robert, Master of Boyd, and daughter of Mark, Earl of Lothian, by Margaret Maxwell. She was married, thirdly, before 16 February 1618, to Mr. Thomas Hamilton of Robertoun, so that the marriage with the Earl of Crawford must have been dissolved.4 She died before 1633. The Earl had issue a daughter : — 1. Jean. By the improvidence of her father she was reduced to the lowest depths of poverty and degrada- tion, till on 4 June 1663 she had a grant from King Charles n. of an annuity of £100 in consideration of her eminent birth and necessitous condition.5 XIII. HENRY, thirteenth Earl of Crawford, succeeded his nephew. He had been adopted in his youth by John Chart- eris 6 of Kinfauns, and assumed the surname and arms of Charteris, the arrangement being ratified by Act of Parlia- ment 27 September 1584. The charter of John Charteris is dated 29 November of that year.7 Sir Henry was, however, usually designated as of Caraldston, to which lands the office of Dempster was attached. He sold Kinfauns 29 December 1612.8 Sir Henry was a Gentleman-in-waiting on Queen Anne,9 of whose household his second wife was also a member. He succeeded to the earldom in 1620, and died before 16 January 1623, having married, first, before 26 July 1586,10 Helen, daughter of Sir James Chisholm of Crombie, who was doubtless a near relation of Janet Chisholm, the wife of John Charteris of Kinfauns. By her he had issue : — 1. Sir John, K.B., who was made fiar of Kinfauns and 1 Haigh Charters. 2 Canongate Register. 3 Reg. of Deeds, vol. 185, 31 May 1611. 4 Reg. Mag. Sig., 19 February 1618. 5 Crawford Minutes 65, and Haig Charters. 6 Crawford Minutes, 66. 7 Confirmed 18 Nov- ember 1598, Reg. Mag. Sig. 8 Reg. Mag. Sig., 31 December 1612. 9 Haigh Charters. 10 Crawford Minutes, 69 ; MS. in Adv. Lib. LINDSAY, EARL OP CRAWFORD 33 Pitsindie by royal charter of novodamus to him and his affianced wife 25 February 1608.1 He consented to the sale of 29 December 1612. Sir John was created a Knight of the Order of the Bath2 at the accession of Bang James to the Grown of England in 1603. He died v. p. in December 1615, and was buried at Kinfauns. His wife was Jean Abernethy, daughter of Lord Abernethy of Saltoun, by Margaret Stewart3 (contract dated 8 December 1607).4 She was married, secondly, to George Gordon of Gight before 18 May 1617.5 Sir John Lindsay had issue two daughters and co-heirs : — (1) Margaret, wife of Thomas Murray.6 (2) Jean, wife of Captain James Leslie 7 of a regiment of Irish infantry in the Spanish service. Both ladies were retoured heirs to Colonel Henry Lindsay 2 October 1641, 8 and Jean was retoured heir-general to her father 4 May 1661. 9 2. GEORGE, fourteenth Earl of Crawford. 3. Margaret™ married to Andrew Gray of Hayston (contract dated January 1620). Henry, Earl of Crawford, married, secondly, Margaret, sister of Sir James Shaw of Sauchie. The proclama- tion of marriage, in which she is described as of the Court of the Queen's Majesty,11 was made at Clack- mannan 2 December 1599. She was living, a widow, 2 October 1644. They had issue : — 4. ALEXANDER, fifteenth Earl of Crawford. 5. Henry, who died s. p. before 2 October 1641. 12 6. LUDOVIC, sixteenth Earl of Crawford. 7 and 8. Helen and Catherine, who both died before 2 October 1641.13 9. Elisabeth, who had charter of lands of Ravelgreen from her brother Alexander, recited 23 July 1631.14 XIV. GEORGE, fourteenth Earl of Crawford, was served heir to his brother 1 August 1615,15 was fiar of the earldom 4 January 1616, and in 1623 on succession ratified various 1 Reg. Mag. Sig. * Ms. in Adv. Lib., Haigh Charters. 3 Reg. Mag. Sig., 25 January 1615. 4 Ibid., 14 January 1613. 5 Ibid., 30 July 1618. Reg. of Kirk Session of Rothietnay quoted in The Frasers of Saltoun, ii. 63. 6 Crawford Minutes, 77, 78, 79. 7 Haigh Charters. 8 Retours. 9 Haigh Charters. 10 Reg. Sec. Sig., 1623. » Clackmannan Register. 12 Crawford Minutes, 85. 13 Ibid. H Haigh Charters. 15 Retours ; Haigh Charters. VOL. III. C 34 LINDSAY, EARL OF CRAWFORD contracts of his predecessors with David Lindsay of Edzell.1 In 1630 he sold and resigned Finhaven in favour of Alex- ander, second Lord Spynie.2 He served in the army of Gustavus Adolphus, and was killed by a lieutenant of his own regiment in 1633.3 Earl George married Elizabeth, daughter of George Sinclair, Earl of Caithness (contract dated 21 May 1621).4 They had an only daughter, Margaret, who was retoured heir to both her parents 24 May 1653,5 and by her will, dated 24 May 1655, left her property to her cousin George, Earl of Caithness.6 XV. ALEXANDER, fifteenth Earl of Crawford,7 who, as Master of Crawford, granted a charter to his sister, Lady Elizabeth, 23 July 1631. He succeeded his brother as Earl in 1633, but became a lunatic. He died before 29 August 1639. XVI. LUDOVIC, sixteenth Earl of Crawford, styled * The Loyal Earl,' succeeded his brother, and sat in Parliament 28 August 1639.8 He was retoured heir to his uncle the eleventh Earl and to Colonel Henry Lindsay 24 August 1639. Having joined the royal army in 1641 ,9 he was im- prisoned at Edinburgh for a short time, because of the 4 Incident,' and after the battle of Lansdowne he was de- clared an enemy of religion by the Committee of Estates, 12 January 1644, and forfeited 26 July.10 He joined the Spanish army, and was at Badajos 23 June 1649.11 He is stated in the diary of Sir Edward Nicholas to have died at the Hague November 1652.12 He married before 5 October 1643 Margaret Graham,13 daughter of William, Earl of Airth and Menteith,14 and widow of Alexander Stewart, Lord Garlies.15 1 Henry Gray,' alleging himself a son of this marriage, was dismissed from Douay for illegitimacy, as mentioned 1 Retours, Haigh Charters. 2 Reg. Mag. Sig. , 22 January 1631. 3 Ms, Adv. Lib. 4 Haigh Charters. 5 Ibid. G Crawford Case, 90. 7 Crawford Minutes, 83 ; Haigh Charters. 8 Ada Parl. Scot., v. 248. 9 Fourth Rep. Hist. MSS. Com., 102, 163. 10 Ada Parl. Scot., vi. 81, 215. n Haigh Charters. 12 Correspondence, i. 319 (Camden Society). n-Reg. of Deeds, Dlii. f. 18. See also vol. i. 138, where the reference is inadvertently given as lii. f. 18. 14 Fifth Rep. Hist. MSS. Com., 654 (Douay Reg.). r° Ada Parl. Scot., vi. 166. LINDSAY, EARL OF CRAWFORD 35 in the article on Airth. He did not bear the name Lindsay, but Gray or Graeme, and having regard to his age and the date of the Earl's marriage, if he had been a son of the marriage it is not obvious why he was illegitimate. In 1641-42 Earl Ludovic agreed to resign his earldom in favour of his heirs-male of the body with remainder to John Earl of Lindsay, Lord Lindsay of the Byres, and the heirs- male of his body, with ultimate remainder to his own right heirs-male. Letters patent to this effect passed the Great Seal 15 January 1642.1 Lord Lindsay was but a distant connection of the Earl of Crawford, their common ancestor being that Sir David Lindsay of Crawford who died in 1357. By this proceeding the condition on which the dignity had been regranted to the son of the ' Wicked Master ' in 1546 was broken, and the right heirs to the dignity were excluded until the death of the last male descendant of John, Earl of Lindsay, in 1808. It is said that Earl John obtained this concession from his chief, when in prison, as the price of his liberty. It is, however, to be observed that the estates were all gone, nothing but the title remained, and the Earl of Lindsay was by far the most powerful member of the clan. The dignity of Lord Lindsay was not resigned, and passed de jure with the chiefship of the race to George, Lord Spynie, thereafter to John Lindsay of Edzell, whose son claimed the earldom (vide Balcarres), and finally, to James, Earl of Balcarres, great- great-grandfather to the present Earl of Crawford and Lord Lindsay. XVII. JOHN, seventeenth Earl of Crawford2 (for whose ancestry see the title Lindsay), who assumed the dignity after the forfeiture of Earl Ludovic, was retoured heir to his father Robert, Lord Lindsay of the Byres, 1 October 1616,3 and by letters patent dated 8 May 1613,4 he was created EARL OF LINDSAY and LORD PAR- BROATH,5 to him and his heirs-male bearing the name and arms of the Lords Lindsay. He was a member of the Privy Council in November 1641 ,6 and Steward and Admiral 1 Crawford Minutes, 117 ; Reg. Mag. Sig. 2 Contemporary MS. Account of the Byres Family at Haigh. 3 Lindsay Peerage, Minutes of Evidence, 55. * Reg, Mag. Sig. 6 Crawford Minutes, 370, 371. 6 P. C. Reg. 36 LINDSAY, EARL OF CRAWFORD of the regality of St. Andrews, in succession to his father.1 He was also created in 1641 an Extraordinary Lord of Session and a Commissioner of the Treasury. After the forfeiture of Earl Ludovic by Parliament 26 July 1644,2 he received the earldom of Crawford in the manner specified in previous memoir, and under that style he was created Lord High Treasurer 23 July 1644, and President of Par- liament 20 June 1645. He protested against the surrender of the King 16 January 1647, and having entered into the Engagement to raise an army for his Majesty's rescue in 1648, he was removed from all his offices 13 February 1649. He was taken prisoner by the English at Alyth 28 August 1651, and imprisoned in Windsor Castle by Oliver Cromwell until 12 April 1654. At the Restoration he was reinstated as High Treasurer.3 He resigned his offices in 1663-64 4 rather than accept the revival of Episcopacy. He is often mentioned in the Parish Register of Ceres, of which parish he was an elder. A strong Presbyterian, he was neverthe- less a consistent supporter of the Monarchy. Earl John obtained from the Crown Commissioners, 1 March 1648,5 a new charter entailing the earldom on his daughters on failure of sons. The King then not being a free agent, and his Majesty's signature being necessary to alter the tenure of a dignity, the charter was inoperative in respect of the earldom. He died in 1678 at Tynninghame, and was succeeded by his fourth but eldest surviving son. He married Margaret, daughter of James, second Marquess of Hamilton, by whom he had issue : — 1. James , eldest son, baptized at Ceres 21 March 1636, and there buried.6 2. James, second son, baptized as Master of Lindsay at Ceres 1 June 1637, and there buried. 3. John, baptized at Ceres 3 December 1639, and there buried. 4. WILLIAM, eighteenth Earl. 5. Patrick, born in September 1646, who assumed the surname and arms of Crawford of Kilbirnie, for whom and his successors see title Garnock. 1 Ada Parl. Scot., v. 60, 388-389, 436. 2 Ibid., vi. 214. 3 Reg. Mag. Sig., 19 January 1661. * Acta Parl. Scot., vii. 3a. 5 Crawford Minutes, 142, 6 Ceres Register. LINDSAY, EARL OF CRAWFORD 37 6. Anna, married to John, Earl, and afterwards Duke, of Rothes,1 contract dated at Holyrood,2 1 January and 4 February 1648. 7. Christian, married to John, Earl of Haddington, con- tract dated 1 January 1648.3 The Countess was alive in 1691.4 8. Margaret, baptized at Ceres 18 June 1635, and there buried. 9. Helen, married to Sir Robert Sinclair of Stevenston, Baronet, at Holyroodliouse 10 September 1663. 10. Elizabeth, married to David, Earl of Northesk.5 Marriage contract dated at Struthers 9 September 1669. She died in January 1688. XVIII. WILLIAM, eighteenth Earl of Crawford, second Earl of Lindsay, and eleventh Lord Lindsay of the Byres,8 who was born in April 1644. He was infeft in the Stewardship of the regality of St. Andrews before 27 April 1671. 7 After the Revolution he was appointed a Commissioner of the Treasury, and in 1689 President of Parliament.8 He was a strong supporter of the Presby- terian interest, and of King William's Government. He married, first, 8 March 1670, at Leith, Mary Johnstone, daughter of James, Earl of Annandale and Hartfell, who died circa 1681, by whom he had issue :— 1. JOHN, nineteenth Earl. 2. Colonel James, killed at the battle of Almanza 1707, His nephew was retoured his heir-general 4 Sep- tember 1723. 3. Patrick, baptized at Ceres 29 August 1678.9 4. Henrietta, baptized at Ceres January 1671, married, 16 October 1691, 10 to William Baillie of Lamington, with issue. 5. Margaret, baptized at Ceres 10 July 1677. Earl William married, secondly, after 1681, Henrietta Seton, daughter of Charles, Earl of Dunfermline, widow of William, Earl of Wigtoun. They had issue :— 1 Crawford Minutes, 143-146. 2 Fourth Rep. Hist. MSS. Com., 510. 3 Eraser's Memorials of the Earls of Haddington, i. 211. * Ibid., ii. 200. 5 Fraser's Hist, of Carnegies, ii. 365. 6 Ms. at Haigh. 7 Haigh Charters. 8 Acta Parl. Scot., ix. 95, etc. 9 Ceres Register. 10 Lives of the Baillies, 44, and her father's Test. 38 LINDSAY, EARL OF CRAWFORD 6. Thomas, who was retoured heir to his sister Anne, 4 September 1723. 7. Anne, died s. p. 8. Christian. 9. Margaret. 10. Helen. 11. Susanna, baptized in the North Kirk at Edinburgh 19 July 1691. 12. Catherine, baptized at Ceres 29 November 1692. Married, 7 May 1741, as his second wife, to Patrick Lindsay, Lord Provost of Edinburgh, M.P. for that city, and sometime Governor of the Isle of Man, for the Duke of Atholl. His great-grandson, Sir Patrick Lindsay of Eaglescairnie, K.C.B., became de jure Earl of Lindsay (see that title). Lady Catherine died s. p. 20 April 1769. Earl William died in March 1698, and his testament- dative (mentioning his children) was confirmed at St. Andrews 7 September 1698 to a creditor. XIX. JOHN, nineteenth Earl of Crawford, sat in Parlia- ment 19 July 1698. He was a Privy Councillor 1708, and elected a Representative Peer for Scotland 13 February 1707 and 19 June 1708. He was appointed lieutenant- colonel of the Scots troop of Life Guards 1 February 1698,1 colonel of the Horse Grenadier Guards 4 May 1704, and became major-general 1 January 1707-8, brigadier-general 29 September 1703, lieutenant-general 1710.2 He married Amelia Stewart, widow of Alexander Fraser of Strichen, and daughter of James, Lord Doune, eldest son of Alex- ander, Earl of Moray. By her, who was buried at Holy- rood 26 February 1711, he had issue : — 1. JOHN, twentieth Earl. 2. William, baptized at Ceres 3 April 1705, became a captain in the Royal Navy, and died s. p. before 1 May 1755. 3. Catherine, eldest daughter and co^-heir,3 married to Lieutenant John Wemyss of General Oglethorpe's regiment, afterwards Lieutenant-Governor of Edin- 1 Dalton's Army Lists (1661-1714), iii. 325. 2 Life of John, Earl of Craw- ford (Rolt), bk. ii. s Decreet, 4 March 1755. LINDSAY, EARL OF CRAWFORD 39 burgh Castle. She died s. p. 28 February 1768 at Edinburgh, and he at the same place in January 1786. 4. Mary, only surviving co-heir of her brother,1 baptized at Ceres 24 September 1706, married Dugald Camp- bell of Glensadell, and was ancestress of Dugald Campbell, who claimed the earldom of Annandale 1838, as heir of Mary Johnstone, Countess of Craw- ford.2 Earl John died in London, December 1713. XX. JOHN, twentieth Earl of Crawford, a very dis- tinguished soldier, and surnamed 'the gallant Earl,'3 was born 4 October 1702, and succeeded his father 1713. He was appointed a captain in the North British Dragoons 25 December 1726, and in the first Regiment of Foot Guards 1734. He 'then served as a volunteer in the Imperial Army under Prince Eugene of Savoy, and was present with Prince Waldeck at the victory of Claussen against France. In 1738 he, with the royal consent, joined the Russian Army, and arriving at St. Petersburg, was made a general by the Czarina. He fought in several battles against the Turks. At the battle of Krotzka, 22 July 1739, the Earl was very severely wounded in the thigh and hip, which wound never healed, and occasionally caused him great pain till the day of his death. On his return to England he was made adjutant-general and colonel of the 42nd Regiment, called for a short time the Crawford Lindsay Highlanders, and thereafter the Black Watch. He was colonel of the Horse Grenadiers 1740, and of the Scots Greys 1747. In 1745 the Earl was brigadier-general of the Duke of Cumberland's Army in Flanders, and created major-general 30 May. He was present at the battles of Fontenoy 1745 and Rocoux 1746. He was appointed lieutenant-general 16 September 1747. He had been elected a Representative Peer for Scotland 1732, 1734, 1741, and 1747. On 3 March 1747 he married, at Belford, Jean Murray, eldest daughter of James, second 1 Decreet, 4 March 1775. 2 Rolt, 24. 3 The Life of John, Earl of Craw- ford, by Rolt, gives the following particulars. The first book of the work gives a very inaccurate account of family pedigree. 40 LINDSAY, EARL OP CRAWFORD Duke of Atholl,1 a clandestine marriage, and greatly re- sented by her father, notwithstanding that the Earl had been concerned in the defence of Blair Oastle during the rising of 1745.2 He was, moreover, much older than Lady Jean, and in great financial embarrassment. This romantic episode, respecting which there is much correspondence at Blair Oastle, ended in the death of the Countess from fever at Aix-la-Ohapelle in the following November, and the Earl died, aged forty-seven, on 24 December 1749, at Struthers, without issue.3 His body was interred in the family vault at Oupar 18 January 1750. He was succeeded by his second cousin once removed. XXI. GEORGE, twenty-first Earl of Crawford. He held the rank of Viscount Garnock (see that title), and was the great-great-grandson of that John, Earl of Lindsay, who succeeded as seventeenth Earl of Crawford. He was born 14, and baptized at Kilbirnie 21 March 1729.4 He was retoured heir to his father Patrick, second Viscount Gar- nock, 6 June 1741 and 17 July 1744,5 and to John, the late Earl of Crawford, as 4 nepos abpatrui,' 15 January 1757. He married, 26 December 1755, Jean, eldest daughter and co- heir of Robert Hamilton of Bourtreehill.6 This marriage was an unhappy one. The spouses separated, and the Earl had several natural children by Euphan Gourlay,7 of whom the eldest was an officer in H.M.S. Sphinx. By his wife Earl George had issue :— 1. GEORGE, twenty-second Earl. 2. Robert Lindsay Hamilton Crawford, captain 92nd Foot, born at Bourtreehill 24 December 1769. Baptized at Irvine. Retoured heir to his brother Bute 13 June 1786, and died unmarried 3 November 1801, at Buxton, where there is a monumental tablet to him in the church. 3. Bute Lindsay Crawford, captain 92nd Foot, of Over Lochrig, in the parish of Stewarton, Ayrshire. He was born at Bourtreehill 25 August 1761, and baptized at Irvine. He died s. p. in September 1782. 1 Blair Charters. 2 Eighth Rep. Hist. MSS. Com., 314. 3 St. Andrews Test. 4 Kilbirnie Register. 5 Crawford Minutes, 179-180, 478-483. 6 Re- toured co-heir 8 December 1773. 7 Haigh Charters. LINDSAY, EARL OF CRAWFORD 41 4. Jean, born at Kilbirnie 6, and baptized 8, November 1756. She was married, 22 February 1772, by the minister of Kilwinning, to Archibald, Earl of Eglin- ton, and died s. p. at Eglinton 23 January 1778.1 5. Mary Lindsay Crawford, who became sole heir of the interpolated Earls of Crawford. She was born at Bourtreehill, 16 May 1760,2 and retoured heir to her brother, Earl George, 29 August 1808. By her will, dated at Edinburgh 30 January 1832, she left many objects of family interest to Alexander, Lord Lindsay (twenty-fifth Earl) as representative of the house. She died at Crawford Priory, 21 November 1833, and on 3 February 1834, David, Earl of Glasgow, was retoured her heir. (See Garnock.) Earl George died 11 August 1781. XXII. GEORGE, twenty-second Earl of Crawford, was born at Bourtreehill 31 January 1758.3 He entered the regiment commanded by Archibald, Earl of Eglinton, 11 April 1776, and rose to be major-general in the army.4 He was appointed lieutenant of Fifeshire 1798, and colonel of the Fifeshire Militia. He was deprived of the lieutenancy in 1807, but reinstated shortly afterwards. He executed a deed of disposition and entail 20 and 21 February 1800. He died unmarried 30 January 1808, aged fifty, at his mother's house of Rosel, Ayrshire, and was buried in a mausoleum erected at Struthers, now called Crawford Priory, in Fife. On the death of the twenty-second Earl, all male descendants of John, seventeenth Earl of Crawford and first Earl of Lindsay, became extinct, and the right to the chief dignity reverted under the regrant of 1642 to the proper heirs-male of Earl Ludovic — in other words, to the heir-male of the body of the first Earl— represented by Alexander Lindsay, Earl of Balcarres, direct heir-male of John Lindsay of Balcarres, second son of David, ninth Earl of Crawford. The dignities of Lindsay and Garnock devolved on the heirs-male of the Lords Lindsay of the Byres (for whom see that title). 1 Haigh Letters. 2 Irvine Reg. of Births. 3 Ibid. 4 Commission at Haigh. 42 LINDSAY, EARL OP CRAWFORD XXIII. ALEXANDER, twenty-third Earl of Crawford and Lord Lindsay, de jure, but known as Earl of Balcarres (for whose brothers and sisters see that title), was born 18 January 1752, being baptized the same day, and suc- ceeded his father 20 February 1768.1 He had entered the army as ensign in the 53rd Regiment 1767, became captain in the 42nd 1771, and major of the 53rd Regiment 1775. He served in the unfortunate expedition of General Burgoyne in North America, and was wounded at Ticon- deroga, 7 July 1777. He was appointed colonel in the army February 1782, afterwards general and colonel of the 63rd Regiment. He was appointed Civil Governor and Com- mander-in-chief of the Island of Jersey 1793, and of Jamaica 1794. In 1795, being confronted with a rebellion of the Maroon negroes, who pursued a career of assassination, he published a proclamation that he had sent for bloodhounds from Cuba.2 The insurgents instantly surrendered, and the Earl was voted the thanks of the colony and a gold sword, now in the possession of the Earl of Crawford.3 He was elected a Representative Peer for Scotland in 1784 and 1790. Resigning his command in Jamaica, he returned home in 1801. He became full general in 1803. For the purpose of working collieries in Lancashire which were the property of his wife, he sold the barony of Bal- carres to his brother Robert, an East India official, and settled at Haigh Hall near Wigan, in the county palatine of Lancaster.4 The Earl married, 1 June 1780, his maternal cousin, Elizabeth, daughter and heir of Charles Dalrymple, younger son of Sir Robert Dalrymple of Castleton, by Eliza- beth, daughter and heir of John Edwin and of Elizabeth, daughter and eventual co-heir of Sir Roger Bradshaigh of Haigh Hall, Baronet. They had issue : — 1. JAMES, twenty-fourth Earl. 2. Charles Robert, born at Balcarres, 20 August 1784, and placed on the Bengal Civil Establishment in 1802. He became Senior Merchant and Collector of Customs at Agra. He married, at St. Mary's Church, Fort St. George, on 12 February 1814, Elizabeth, daughter of Thomas William Thompson (who died at Boulogne- 1 Retour, 30 November 1766. 2 Lives of the Lindsays, iii. 3 Ibid., 96. 4 Haigh Charters. LINDSAY, EARL OF CRAWFORD 43 sur-Mer in 1852), and at his death, which occurred at Singapore in 1835,1 left issue : — (1) Charles, who died an infant. (2) Hugh Barlow, born 21 March 1832, at Calcutta, sometime of the Bombay Civil Service, and president at Hyderabad, now residing in London. He married, 3 October 1863, at Banchory, Lady Jane Louisa Octavia, widow of Gamel, Lord Muncaster, and daughter of Richard, Marquess of Westminster, K.G., and has issue two sons and two daughters. (5) Alexina, married to Thomas Hugh Sandford of Sandford, Shropshire, who died 30 August 1851. (6) Mary Anne, died young. (7) Catherine Hepburne, born 14 December 1822, at Fort William, and died, unmarried, at Villa Palmieri, Florence. 3. Richard, born at Balcarres 9 March 1786, cornet in the 20th Dragoons. Died s. p. 4. Edwin (twin with Richard), sometime in the military service of the Madras Establishment of the East India Company. 5. Elizabeth Keith, born 9 September 1781, at Balcarres, married in January 1815 (contract dated 13 December 1814) to Robert Edensor Heathcote of Longton Hall, co. Stafford, and left issue. 6. Anne, born 19 April 1787, at Balcarres, married, 16 April 1811, to Robert Wardlaw Ramsay of Whitehill, Midlothian, and died at Leamington, 14 January 1846, leaving issue. Earl Alexander died 26 March 1825, and his wife pre- deceased him on 10 August 1816. They are both buried at All Saints' Church, Wigan, where is a memorial tablet in the Haigh Chapel of the Church. The Earl's will was proved 25 May 1825. XXIV. JAMES, twenty-fourth Earl of Crawford, was born 24 April 1783, baptized 16 June at Kilconquhar, and suc- ceeded his father 1825. By letters patent, dated 5 July 1826,2 he was created BARON WIGAN OP HAIGH HALL, County Palatine of Lancaster to himself and the heirs-male of his body. In 1845 he petitioned the King to 1 Will proved at Bengal, 12 March 1835. 2 Haigh Charters. 44 LINDSAY, EARL OF CRAWFORD recognise his right to be Earl of Crawford and Lord Lindsay, and after a protracted hearing by the House of Lords, it was resolved on 11 August 1848 that the claim was established. In 1852 he claimed the original dukedom of Montrose, but unsuccessfully. His life was principally devoted to the development of his property in Lancashire, where he was highly respected, and he seldom attended Parliament. He purchased the estate of Dunecht in Aberdeenshire, and there built a fine house. Upon 21 November 1811 he married at Muncaster, co. Cumberland, Margaret Maria Frances Pennington, only surviving daughter and heir of John, Lord Muncaster, by Penelope, daughter and heir of James Compton, a cadet of the Earls of Northampton. By her he had issue : — 1. ALEXANDER, twenty-fifth Earl. 2. Sir James Lindsay, K.C.M.G., lieutenant-general in the army, who commanded the Foot Guards in Canada 1863, and after his return was elected M.P. for Wigan. He was thereafter Inspector-General of Reserve Forces, and was appointed Military Secretary to the Field-Marshal Commanding-in-chief 1 April 1874. He was a Royal Commissioner of the Patriotic Fund from 1854, and chairman of the United Service Institution. He was born 25 August 1815, at Muncaster, entered the Grenadier Guards in 1832, and died 13 August 1874, being buried at Mitcham, co. Surrey. His wife, Sarah Savile, daughter of John, Earl of Mexborough, who was born 23 September 1813, married at St. George's, Hanover Square, 6 November 1845, appointed a Woman of the Bedchamber to Queen Victoria 14 May 1859, and died 16 December 1890. Sir James had issue : — (1) James Greville, (2) Reginald Dalrymple, who both died infants. (3) Maud Isabella, living unmarried. (4) Mabel, married, 13 February 1877, at St. Mary's, Bryanston Square, to Lieutenant-Colonel William John Freschville Ramsden of Rogerthorpe near Pontefract, sometime lieutenant-colonel of the Coldstream Guards. (5) Mary Egidia, married, 9 February 1875, to John Coutts Antrobus of Eaton Hall, Cheshire, and has issue. LINDSAY, EARL OP CRAWFORD 45 3. Charles Hugh Lindsay, O.B., born 11 November 1816, at Muncaster. Served with the Grenadier Guards in the Crimea. Present at the battles of Alma, Bala- clava, and Inkerman, and at the siege of Sebastopol. In 1858 he was appointed chamberlain to the Earl of Eglinton, as Lord-Lieutenant of Ireland. Elected M.P. for Abingdon, Berkshire, he was appointed Parliamentary Groom-in-waiting to Queen Victoria 1866-68. He was appointed Groom-in-waiting in Ordinary 21 February 1876. He died 25 March 1889 at Lyons in France, and his remains were interred at Hendon, co. Middlesex, beside those of his wife. He had married, 24 April 1851, at the Chapel Royal, Dublin Castle, Emilia Ann, daughter of the Very Reverend the Honourable Henry Montague Browne (Kilmaine), Dean of Lismore. She died 15 February 1873. They Ijad issue :— (1) Charles Henry Claude, (2) James Robert, who both died infants. (3) Charles Ludovic, born 25 January 1862, at a villa near Nice, became a captain in the Grenadier Guards. Served in the Egyptian campaign, and is now on the reserve list of officers. (4) Henry Edith Arthur, born 9 April 1866, at Nice, a captain (retired) in the Gordon Highlanders. Married 27 April 1895 at St. George's, Hanover Square, Norah Mary Madeline, daughter of Major Edward Roden Bourke, sixth son of Richard, fifth Earl of Mayo, and has issue :— i. David Ludovic Peter, born 30 April 1900, at Sutton Cour- tenay, and there baptized. ii. Nancy Winifred Robina, born 1 July 1896, baptized at Quebec Chapel, Marylebone. (5) Edith, born in Dublin 12 January 1853. Died 15 February 1873, at Brighton. (6) Marion Margaret Violet, married, 25 November 1882, at St. George's, Hanover Square, to Henry John Brinsley Manners, now Marquess of Granby, eldest son of the Duke of Rutland, K.G., called up to the House of Lords by writ dated 6 June 1896, in his father's barony of Manners of Haddon. They have issue. 4. Colin, of Deerpark, co. Devon, author of various theological works, born 6 December 1819 at Mun- caster, and died 28 January 1892 in Kensington. He is buried in the churchyard of St. Thomas's (Roman Catholic) Church, Fulham. He married, 29 July 1845, at All Souls', Langham Place, Frances Howard, 46 LINDSAY, EARL OF CRAWFORD eldest surviving daughter and co-heiress of William, fourth Earl of Wicklow, K.P., and Cecil Frances Hamilton (see Abercorn). She died 22 August 1897, and was buried beside her husband. They had issue : — (1) William Alexander, of Deerpark, barrister-at-law, created a Queen's Counsel 1897, and appointed Windsor Herald 12 March 1894. He was born 8 June 1846, baptized at Stan- more (by the Archbishop of Canterbury) 9 July follow- ing, married, 7 May 1870, at St. James's, Westminster, Harriet Gordon, daughter of George, fifth Earl of Aberdeen. They have issue : — i. James Howard, born 29 April 1871, barrister-at-law. Captain in the London Scottish Rifle Volunteers, ii. Michael William Howard, born 7 August 1872 in Edin- burgh, became captain in the second battalion Sea- forth Highlanders, served in the Boer war, being mentioned for ' very gallant and conspicuous conduct ' at Magersfontein. He was appointed adjutant of the second battalion of the Scottish Horse, and was killed at Brakenlaagte, 30 October 1901. iii. George Howard, died an infant. iv. Francis Howard, born 9 March 1876, now an examiner in the Scottish Education Department. A lieutenant in the London Scottish Rifle Volunteers. v. John, lieutenant R.N., born 27 December 1877, in South Kensington. vi. David Howard, born 4 June 1882, in South Kensing- ton, a gold staff officer at the coronation 1902. vii. Mary, born 2 October 1878, at Haddo House, Aberdeen- shire. viii. Margaret Louisa, born 22 August 1880, at Alva House, Clackmannan. (2) Walter James, of Elmthorpe, Cowley, Oxfordshire (lieutenant- colonel), born 28 September, and baptized at Haigh, Lanca- shire, 31 October, 1849. He entered the Rifle Brigade, served in Canada, and retired with the rank of lieutenant- colonel. He is a magistrate for Oxfordshire. He married, 23 April 1883, at Kensington, Henrietta Julia, daughter of Fitzmaurice Gustavus Bloomfield of New Park, co. Water- ford, and has issue : — i. Frances Ruby Vera, born 28 October, and baptized in Dublin 17 November, 1884. (3) Alfred, late of Cheltenham, sometime of Coonoor, Madras, born 7 April, baptized at Wigan 18 May, 1853. Died 2 April 1901, at Cheltenham. He married, 7 November 1882, at Feniton, co. Devon, Isabel Katherine, daughter of Rev. George, Baron Northcote, rector of Feniton, and had issue : — i. George Humphrey Maurice, born 23 October, baptized at Coonoor 7 December 1888. Was page to the LINDSAY, EARL OP CRAWFORD 47 Deputy Lord High Steward of Scotland (Earl of Crawford) at the coronation of King Edward vu. ii. Margaret Catherine Frances, born 27 May 1884, baptized at Coonoor. iii. Violet Harriet Isabel, born 25 June 1886, baptized at Coonoor. (4) Leonard Cecil Colin, born 23 June at Deerpark, and baptized at Buckerell, co. Devon, 12 August 1857, married, 23 January 1902, at Courtfield, co. Hereford, to Clare, daughter of Colonel Francis B. Vaughan, and niece of Cardinal Vaughan, who officiated at the marriage. He was private secretary to the Earl Marshal of England and Gentleman Usher at the coronation of King Edward vu. He is a Private Chamber- lain to H.H. Pope Pius x. (5) Claud Reginald (Monsignore), in holy orders, born 9 Novem- ber 1861, at Deerpark, and there baptized. Is a Chamber- lain to H.H. Pope Pius x., and resident at the Church of San Silvestro in Capite, Rome. (6) Isabella, born 1 April, baptized at Haigh 6 May, 1849. Married, 22 October 1878, at St. James's, Westminster, to Frederick Butler Montgomerie of Cromwell Place, Ken- sington andCrarboldisham, co. Norfolk. They have issue. (7) Harriet Maria, born 17 June, baptized at Haigh 21 July 1850. Now a nun at the convent of the Visitation of the Blessed Virgin Mary at Harrow on the Hill ; professed in the name of Mary Raphael. (8) Eleanor, born and baptized at Haigh Hall, 8 March 1856, and died next day. (9) Alexina Frances, born, 19 January, at Deerpark, and baptized at Buckerell, co. Devon, 24 February, 1859; married, 2 July 1878, at the Church of the Servites, Fulham, to Edmund James Thomas Ross of Bladensburg of Rostrevor, co. Antrim, now lieutenant-colonel (retired) of the Royal Engineers. She died, 26 September 1897, at Birkenhead, and was there buried, leaving issue four daughters. 5. Maria, only daughter, born 3 August 1818 at Mun- caster, and there buried 6 April following. Earl James died 15 December 1869 at Dunecht, and the Countess on 16 December 1850 at Haigh. Both are buried in the Haigh family vault at All Saints' Church, Wigan. XXV. ALEXANDER WILLIAM, twenty-fifth Earl of Craw- ford, was born at Muncaster Castle, 16 October 1812, and there baptized 6 December. He devoted his life to litera- ture, and was the author of Letters from the Holy Land, Sketches of Christian Art, and many other works. He collected information about his ancestors, the account of whom in the older Peerage books is very inaccurate, and he wrote the Lives of the Lindsays, first pri- 48 LINDSAY, EARL OF CRAWFORD vately printed and afterwards published. In this work may be found full information of the Earls and Barons above mentioned. He married, 23 July 1846, at St. George's, Hanover Square, his cousin, Margaret, daughter of Lieutenant-General James Lindsay of Balcarres, now Countess Dowager of Crawford, residing at Villa Palmieri, Florence. They had issue : — 1. JAMES LUDOVIC, twenty-sixth Earl, only son. 2. Alice Frances, married, 17 April 1873, at St. Paul's, Knightsbridge, to George Eyre, now Lieutenant- Colonel George Archer - Houblon of Hallingbury Place, co. Essex. They have issue. 3. Margaret Elizabeth, married, 8 January 1870, at St. Paul's, Knightsbridge, to Lewis AshurstMajendie of Castle Hedingham, co. Essex, M.P. for Canter- bury, who died 22 October 1885, leaving issue. 4. Mary Susan Felicia, married, 9 May 1878, at St. Paul's, Knightsbridge, to Frederick George Lindley Wood, now Meynell, fourth son of Charles, first Viscount Halifax. They have issue. 5. Mabel Marion, born 15 February 1855, at Balcarres. Baptized at Elie, Fife, 30 March. Registered at Pittenweem. 6. Anne Catherine, married, 22 November 1883, at St. Paul's, Knightsbridge, to Francis Bowes-Lyon of Ridley Hall, Durham, second son of Claude, Earl of Strathmore. (See that title.) 7. Jane Evelyn, born 14 May 1862, baptized 17 June following at St. George's, Hanover Square, London. Earl Alexander died at Villa Palmieri, Florence, 13 December 1880, and is buried in the Haigh vault at All Saints,' Wigan. He was succeeded by his only son, XXVI. JAMES LUDOVIC, present and twenty-sixth Earl of Crawford, Lord Lindsay, ninth Earl of Balcarres, and third Baron Wigan, K.T., LL.D. He was born 28 July 1847, at St. Germain-en-Laye, and was there baptized in the Episcopal chapel. He first served as a lieutenant in the Grenadier Guards. Applying himself to the study of astronomy, he organised expeditions to Cadiz in 1870 for a solar eclipse, and in 1874 to Mauritius for the transit of LINDSAY, EARL OF CRAWFORD 49 Venus. He is a past president of the Royal Astronomical Society, a Fellow of the Royal Society of London, an Hon. Member of the Royal Academy of Berlin, Fellow of the Society of Antiquaries of London, a member of the Royal Commission on Historical Manuscripts, and a Trustee of the British Museum. He was member of Parliament for Wigan 1874-1880. He repurchased the landed barony of Balcarres from his maternal uncle Sir Coutts Lindsay, and at the same time presented to the nation for the Edinburgh Observatory the splendid astronomical equipment of his observatory at Dunecht, Aberdeenshire. He was created a Knight of the Most Ancient and Most Noble Order of the Thistle, and invested at Windsor Castle 10 December 1896. His lordship was from 1876-1900 lieutenant-colonel commanding the first volunteer battalion of the Manchester Regiment, and received the Volunteer Decoration, is a Commander of the Legion of Honour, and of the Imperial Order of the Rose of Brazil, and a Knight of Grace of St. John of Jerusalem. At the coronation of King Edward vii. and Queen Alex- andra, the Earl of Crawford was appointed deputy to the Duke of Rothesay as Lord High Steward of Scotland, and officiated accordingly. His lordship, then being Master of Lindsay, married, on 22 July 1869, at St. George's, Hanover Square, Emily Florence, daughter of the Honourable Edward Bootle Wilbraham, second son of Edward, Baron Skelmersdale. By her he has issue : — 1. DAVID ALEXANDER EDWARD, Master of Crawford, styled Lord Balcarres, B.A. Oxford. Born 10 October 1871 at Dunecht House, Aberdeenshire, and there baptized. He is M.P. for the Chorley Division of Lancashire, and Junior Lord of the Treasury. He married, 25 January 1900, at St. Margaret's, West- minster, Constance Lilian, second daughter and co- heir of Sir Henry Carstairs Pelly, Baronet, by Lady Lilian Hamet Charteris, daughter of the Earl of Wemyss, and has issue : — (1) Robert Alexander David, styled Master of Lindsay, born in Edinburgh, 20 November 1900. Baptized in St. Mary's Cathedral there. VOL. III. n 50 LINDSAY, EARL OP CRAWFORD (2) Margaret Cynthia, born 27 June 1902. Baptized at Lock- inge, co. Berks. Registered in Mayfair, co. London. (3) Cynthia Anne, born 21 June 1904. Baptized at St. Margaret's Church, Westminster. 2. Walter Patrick, born 13 February 1873, baptized at St. George's, Hanover Square, educated at Glasgow University, a civil engineer. He married, 26 Novem- ber 1902, in Rome, Ruth Henderson, elder daughter of Isaac Henderson, resident in the Via Gregoriana, Rome, and has issue, a son, Kenneth Andrew, born 3 November 1903. Baptized 24 at the Oratory, Brompton, London. 3. Robert Hamilton, born 30 March 1874, baptized at St. George's, Hanover Square, captain in the 2nd Royal Dragoons (Scots Greys). Served in South Africa, and invalided home. Medal and five clasps. Formerly A.D.O. to Earl Beauchamp, Governor of New South Wales, and AJXC. to the Viceroy of India. Has a Knight's cross of the order of Philip the Magnanimous of Hesse. Married 23 April 1903, at Melbourne, May Janet, daughter of Sir William T. Olark of Rupertswood, Baronet. And has issue, Joyce Emily, born 5 May 1904, baptized at St. George's, Hanover Square. 4. Edward Reginald Lindsay, M. A., curate St. Matthew's, Bethnal Green, London, born 15 March 1876, baptized at St. George's, Hanover Square. Called to the bar at the Inner Temple January 1901, and afterwards took holy orders. 5. Ronald Charles, born 3 May 1877, baptized at St. George's Church aforesaid. Entered the Diplomatic Service, and is a secretary of Legation at Teheran, Persia. 6. Lionel, born 20 July 1879, baptized at St. George's aforesaid. An Engineer. 7. Evelyn Margaret, born 8 May 1870, baptized at St. George's aforesaid, married there 9 February 1895, to James Francis Mason of Eynsham Hall, Oxford- shire (Count of Pomarao, in the kingdom of Portugal), and has issue. LINDSAY, EARL OP CRAWFORD 51 CREATIONS. — Barons by tenure from the Record of Acts 1147; Lord Lindsay before 1398 ; Earl of Crawford 21 April 1398. The arms anciently borne by Lindsays were usually an Eagle. The Earls of Crawford have always borne a quar- terly shield. 1st and 4th : Gules, a fess chequy, argent and azure, for Lindsay ; 2nd and 3rd : Or, a lion rampant gules debruised of a bend sable, for Abernethy. CREST.— Out of an antique ducal coronet a swan's nee and wings proper. SUPPORTERS. — Two lions rampant gules. MOTTO.— Endure fort. [W. A. L.] » CRICHTON, LORD CRICHTON HATEVEB may be the meaning of Criehton it is beyond doubt that as a family name it is de- rived from the lands of Criehton in Midlothian. The older spellings are very various in form, but one, Kreiton, seems to settle how the name was pronounced. As in other cases, a foreign origin has been claimed for the Oichtons, appa- rently on the curious theory that their re- spectability would there - Olermont, for instance, by be enhanced. Martine of preserves a story that they originally came from Hungary.1 But be this as it may, the first of the name on record is Turstan de Crectune, a witness to the great charter of Holyrood circa 1140,2 and even of him it is uncertain whether he was actually of the family with which this article is concerned, or merely owned the lands which they afterwards possessed, and from which like him they derived their surname. The next Orichton has been assumed 3 to be Sir William de Orichton, who is said to have been witness to a charter of the lands of Kynerne to Stephen of Blantyre, granted by Maldoven, Earl of Lennox, circa 1248.4 But some doubt is thrown upon the existence of this Sir William de Orichton 1 Macfarlane, ii. 131. 2 Liber Cartarum Sanctce Crucis, Bannatyne Club. 3 Douglas. 4 Cartularium de Levenax, Maitland Club, 35-36. OBIOHTON, LORD ORICHTON 53 by the fact that another copy of the same charter printed by Sir William Eraser in The Lennox,1 in addition to other discrepancies, substitutes for him among the witnesses W[illelmo] de Herth, i.e. Airth. Various Orichtons appear during the troubled times with which that century closed and the next began. In par- ticular, Thomas de Orechtoun, rector of the Church of Halis, is witness to a mortification to the Hospital of Soltre by Robert de Keth— the Marischal of Scotland — which is not dated, but is placed by Macfarlane circa 1292.2 The Ragman Roll contains the names of Thomas de Oreghtone del Oounte de Berewyke and Alisaundre de Creightone del Counte de Edneburk.3 On 20 February 1311-12, Nicholas de Oreyghton was one of an inquest, appointed by writ of Edward n., to determine the value of certain lands in the Lothians belonging to adherents of King Robert i.4 The same person also appears to have formed one of the garrison of Edinburgh Castle in the same year,5 and to have been possessed of a horse described as badium cum stella.* - . Among the witnesses to a grant of the town and lands ' of Easter Cranston to the Abbey of Kelso by Hugo Riddell dominus de Cranston, undated, but supposed to be circa 1320, are Magister John de Keth, rector ecclesiae de Creithon, and Thomas de Creihton.7 From a charter by King Robert i. to Richard Edgar, also supposed to be dated circa 1320, of the manor place and one-half of the barony of Sanchar, it appears that the other half of the barony pertained to William de Crechton and Isabella, his wife, as heirs-portioners with Richard Edgar of the said barony.8 This lady is generally said to have been one of the two daughters of the last Ros or de Ros of Sanquhar, while the family of Edgar claim descent from her elder sister.9 In the war with Edward Baliol and Edward in. this William de Crichton seems to have remained faithful to the patriotic cause, for in 1335-36 one-half of the barony of Sennewhare is said to have been in the hands of the English 1 ii. 12-13. 2 Collegiate Churches of Midlothian, Bannatyne Club, 41 ; Macfarlane MS., Adv. Bib. 3 Cal. of Docs, relating to Scotland, ii. 206, 213. 4 Ibid., iii. 50. 5 Ibid., 408. « Ibid., 421. ? Liber de Calchou, 198. 8 Beg. Mag. Sig., folio vol., 7, 27. 9 Nisbet, i. 281. 54 ORIOHTON, LORD ORIOHTON King by reason of the forfeiture of William de Oreghton,1 as well as two acres in Creghton 2 for the same reason. This latter circumstance suggests that, at all events, at that time the lands of Orichton generally did not belong to William de Crechton, and the inference is confirmed by other entries in the same volume which narrate how along with Ooldene and Dalkeith, the lands of Crichton had been forfeited by John de Graham, and how his widow Isabella had been allowed a dower out of them by Edward.3 In 1335 Alex- ander de Oregton is enumerated among the garrison of Edinburgh Castle.4 In 1336-37 the list of the garrison contains the names of Monsire Johan de Crighton and Alexander de Crighton, while the latter again appears there in 1339-40.5 In 1337 William de Creychtoun had temporary possession of the lands of Berriedale in Caithness,6 and also of the barony of Kinblethmont.7 By charter dated 27 May 1338, William de Kreitton, rector of the Church of Kreitton, and son and heir of the deceased Thomas de Kreitton, burgess of Berwick, for the wellbeing of his own soul, and the souls of his father Thomas, his mother Eda, and his step-mother Isabella, and also of the souls of Thomas Nicholas and Sir John de Kreytton, granted to the Abbey of Newbottle his lands in the holding of New Cranston in Lothian, and this grant was confirmed the same day by Radulph de Cranston dominus de Newcranston, son and heir of the deceased Andrew de Cranston, from whom Thomas de Kreitton, burgess of Berwick, and father of the said William, had originally received the said lands.8 About the same time there appear among the wit- nesses to an undated charter by the same Radulph, dominus de Cranystoun, in favour of the Hospital of Soltre, dominus Johannis, dominus de Crechtoun, and dominus Willelmus, rector ejusdem.9 In 1357 William de Creyhtoun, dominus ejusdem, is wit- ness to a grant by Patrick de Ramsay of the church of Oockpen to the Abbey of Newbottle.10 lCal. of Docs., iii. 318. 2/^334,380. * Ibid., 382, 383. * Ibid., 215. 5 Ibid., 362, 241. 6 Exchequer Bolls, i. 453. 7 Ibid., 454. 8 Chartulary of Newbottle, 165-167. 9 Collegiate Churches, 43. 10 Chartulary of Newbottle, 309. ORIOHTON, LORD ORICHTON 55 John de Crichton had a charter from King David n. of the keeping of the castle of Lochleven and the sheriffdom of Kinross,1 and the Exchequer Rolls show that he was acting as Sheriff in 1359.2 Along with a number of other Dumfriesshire magnates, William de Oreghtoun, dominus de Dryuesdal, is witness to a charter dated at Mousfald (Mouse wald) 13 December 1361, by David n. in favour of John de Oarrotheris.3 On 13 August 1367 John de Oragy obtained a charter of the lands of Merchamston, in the sheriffdom of Edinburgh, which John de Oreychtoun had personally resigned/ John Crichton had a charter of the baronies of Hownam and Or ailing in Roxburghshire, on the resignation of William Landal, Bishop of St. Andrews, on 14 August 1367.5 On 23 February 1368 King David n. confirmed a charter by Alexander de Lyndesay of Ormystoun, to which one of the witnesses was William de Oreichton, dominus ejusdem.6 On 27 March 1371 John de Oreichton is noted as one of those who did homage to King Robert n., enthroned super montem de Scone.7 On 29 March 1373 King Robert n. confirmed a charter, undated, by which David de Penycuke, dominus ejusdem, granted to his beloved cousin William de Crechtoun, dominus ejusdem, for the good and faithful service and counsel rendered by him to the granter, all and whole his land de Burnistoun et Welchetoun, with the pertinents, lying within his lands and lordship of Penycuke and the sheriffdom of Edinburgh, with remainder to Thomas de Orechtoun, his son, and the heirs of his body ; whom failing, to Edward de Orechtoun, his brother, and his lawful heirs. The reddendo is a silver denarius yearly on the feast of the Nativity of S. John Baptist, if asked only, in name of blench farm.8 The same David de Penycuke also granted a charter, undated, of the lands of Bradwode, in his tenement and lordship of Penycuke, to William de Orechtoun, dominus ejusdem, with the same remainder.9 On 10 November 1387 John de Oreichtoune is witness to a 1 Robertson's Index, 31, 45. 2 i. 578. 3 Sixth Rep. Hist. MSS. Com., 710. 4 Sefft Mag Sig^ folio vol ? 56j 171 5 Macfarlane MS., Adv. Bib., 34, 3, 25, p, 100. 6 Reg. Mag. Sig., folio 59, 184. 7 Acta Part. Scot., i. 545. 8 Original charter of confirmation at Penicuik House. 9 Ibid., and con- firmation Reg. Mag. Sig., folio vol., 139, 67. 56 CRIOHTON, LORD ORICHTON charter by Sir James Douglas of Dalkeith to James Douglas, his son and heir.1 Prior to 29 May 1393 John de Orichton, dominus ejusdem, is witness to another charter by the same to the same.2 The foregoing references, while they seem to be incon- sistent with the pedigree as given by Mr. Wood,3 do not appear to warrant the construction of another in its place. Hidden away in unexpected places there is probably material which will some day be available. But in the meantime all that can safely be said is this : — The family dealt with in this article seems to have been closely and continuously connected with the place from which it took its name, certainly from the thirteenth cen- tury. Various members of the family acquired lands in other parts of Scotland, notably in the sheriffdom of Dum- fries, and appear to have taken different sides in the wars of independence. The acquisition of Sanquhar was certainly due to a marriage, and it may reasonably be concluded that Dryfesdale came into their hands in the same way. For the arms, argent, a chief and saltire azure, which Sir David Lyndsay figures as those of ' Lord Boyis of Dry vis- daill of Auld,' 4 — i.e. the family of Boyes, de Bosco or Wood — appear on a seal of the Chancellor appended to a deed of 1449,5 and were also used by his descendants. A possible scheme of the later descent of the family might perhaps be as follows : — SIR JOHN DE CRICHTON, dominus ejusdem, flourished circa 1339, and died prior to 1357, having had a brother William, who acquired Sanquhar, and issue — 1. WILLIAM, his heir. 2. John, Sheriff of Kinross, and Keeper of Lochleven Castle. WILLIAM DE CRICHTON, dominus ejusdem, succeeded prior to 1357, acquired Dryfesdale prior to 1361, Brunstane and Welchton in 1373, and Bradewood in 1375. He was dead prior to 1393, having had issue — 1. SIR JOHN, his successor. 2. Stephen, of the Carnis or Cairns. (See Oichton, Earl of Caithness.) 1 Registrum Honoris de Morton, ii. 189. 2 Ibid., 192. 3 Sub. tit. Frendraught. 4 Heraldic MS., 64. 6 Laing Charters, 1212. ORIOHTON, LORD ORICHTON 57 3. Humphrey, who, circa 1416, received from his brother Sir John a charter of the lands of Bagthrop, the Byres, and others, in the holding of Carruthers in Annandale.1 4. Thomas. 5. Edward. It seems probable that Thomas and Edward were the children of a second marriage, and that their mother was the Margaret, spouse of umquhile William Crichton who on 20 July 1410 obtained a charter of Gilberton.2 From one of these two brothers was descended the family of Brunstane now represented by the Earl of Erne. SIR JOHN ORICHTON, dominus ejusdem. He had a charter of the Barony of Crichton from King Robert in.3 From the foundation charter of the collegiate church of Orichton,4 it appears that his wife's name was Christian, and it seems reasonable to conjecture that she is the same person with Christian de Gremisl#w de eodem, who, in 1429 ' in mea pura et legittima viduitate,' resigned the lands of Gremis- law, in the barony of Eckford and sheriifdom of Roxburgh, into the hands of her superior, James, King of Scots,5 with the result that in 1436 the same lands, then described as held in chief of the barony of Crichton, are granted by Sir William de Creightoun de eodem to Walter Scott of Buc- cleuch.6 He must have died prior to 12 December 1423, when his son and successor is termed Dominus de Cryton.7 WILLIAM CRICHTON de eodem first appears in a safe- conduct by Henry in., granted on 12 December 1423, to enable a large company of Scots nobles and gentlemen to enter England and meet King James i. on his return from his long and treacherous captivity. Having obtained the favour of his sovereign, he received from him the honour of knighthood at his coronation in May 1424,8 and was made one of the Gentlemen of the Bedchamber. On May 8, 1426, ' Willielmus de Orichton baro de eodem miles cambel- lanus noster, Magister Willielmus de Fowlis praepositus ecclesise collegiatae de Bothuile elemosinarius noster et Thomas de Cranston scutifer noster ' were appointed a 1 Carlaverock Book, ii. 419. 2 Acta Parl. Scot., vii. 144. 3 Robertson's Index, 146, 48. 4 Acts and Decreets, clxix. f. 258. 5 Buccleuch Book, ii. 18. 6 Ibid., ii. 30. * Bymer's Fc&dera. 8 M*y or, Scottish History Society edition, 354-355, Mr. Constable's note. 58 ORICHTON, LORD ORICHTON commission to treat with Eric, King of Norway and Den- mark, for a firm and lasting peace between Scotland and these two countries.1 Sir William Orichton having dis- charged this negotiation with honour and success, was thereafter appointed Governor of Edinburgh Castle, with a salary of aSlOO.2 The accommodation in the Castle does not seem to have been satisfactory, for the accounts for the year 1434 contain an entry of the cost of rebuilding his kitchen.3 In 1435 he appears also as Sheriff of Edinburgh,4 and prior to 14 April 1435 he had been appointed Master of the King's Household.5 Soon after the accession of King James n. Crichton was appointed Chan- cellor in succession to John Cameron, Bishop of Glasgow. Having acquired from Sir James Douglas of Dalkeith the lands of Garvald and others in the barony of Kirkmichael and sheriffdom of Dumfries, in which county he already owned considerable estates, he obtained a Crown charter thereof on 2 March 1439-40.6 He seems at the same time to have entered into an arrangement with his kinsman Sir Robert Orichton of Sanquhar (see title Dumfries) for the mutual settlement of their estates, for on 27 April 1440 Sir Robert obtained on his own resignation a Crown charter of the barony of Sanquhar in favour of him- self and the heirs-male of his body, whom failing, Sir William Crichton and the heirs-male of his body, while in his turn Sir William obtained on his resignation a charter of the barony of Crichton, in the sheriffdom of Edinburgh, along with the lands of Vogery and Grymeslaw annexed thereto in favour of himself and the heirs-male of his body, whom failing, Sir Robert and the heirs-male of his body.7 The scanty records of the time are largely occupied with the intrigues and feuds of Crichton and Sir Alexander Livingstone, who like himself had risen from a modest position to great power through the favour of James i., save when the two rivals combined for the ruin of the princely house of Douglas, and the limits of this article admit only of tracing Grichton's career in the most general way. Very early in the struggle he decoyed the youthful Earl of 1 Crawfurd, Officers of State, 26, quoting Torfeeus. 2 Exch. Rolls, iv. 573. 3 Ibid., 603. * Ibid., 607. 5 Sixth Rep. Hist. MSS. Com., 691. 6 Beg. Mag. Sig. 7 Ibid. ORICHTON, LORD CRICHTON 59 Douglas, and his still more youthful brother David, into Edin- burgh Castle, where, after a mock trial in presence of the King, a child of ten, they were beheaded on 24 November 1440. Hume of Godscroft tells the story in detail— in particular how at the end of a banquet the serving of a black bull's head was the signal for the seizure of the hapless youths— and expresses his opinion of Crichton's character and conduct in language of quaint vituperation. The crime took deep hold of the popular imagination, which execrated even the scene of the tragedy in the well-known lines — ' Edinburgh Castle, Town, and Tower, God grant thou sink for sin, And that even for the black Dinner Earl Douglas got therein ! ' A temporary coalition between the House of Douglas and the Livingstones led to the disgrace of Oichton and his faction. Their estates were raided, and Sir William Orichton and his cousm, Sir George Orichton of Blackness, afterwards Earl of Caithness (see that title), were sum- moned to appear before a council held at Stirling 4 November 1444 ; and failing to do so, were outlawed and attainted. In the words of the old chronicle, ' in the hender end of the quhilk counsall thai blewe out on Schir William of Crichtoun and Schir George of Crichtoun and ther advertence.' l Some time thereafter Crichton, who had also been dismissed from his office of Chancellor, and taken refuge in Edinburgh Castle, was besieged in that stronghold by the coalition who now had possession of the person of the young King. The resistance of the Castle was successful, and after holding out for nine weeks, Crichton capitulated on most advantageous terms, which included a remission of all past oifences, and his restoration to the royal favour. In the Exchequer Rolls he is designed 'Willelmus dominus de Creichtoun ' in the account for the period from 16 July 1443 to 21 April 1444,2 but it may be doubtful whether he had been made a Lord of Parliament by that time, for later on, in the same volume,3 he is designed ' Willelmus dominus de Creichtoun miles.' His peerage is, however, of a date not later than 1447, by which time he had again received the office of Chancellor on the death of James Bruce, Bishop of Dunkeld.4 1 Auchinleck Chronicle, 36. 2 Exch. Rolls, v. 146. 3 Ibid., p. 180. 4 Ibid., v. 336 ; Officers of State, 30. 60 ORIOHTON, LORD ORIOHTON In 1448 l he went, along with Bishop Ralston of Dunkeld and Nicholas of Otterburn, to Prance, there to ratify the ancient league with that country, and seek out a bride for the Scots King. The ratification was successfully accom- plished, but there was no French princess available, so the ambassadors proceeded to Burgundy, where they secured the hand of Mary of Gueldres, ' jam nubilem et formosam,' who had been brought up at the court of Philip the Good. Escorted by the Chancellor and a great retinue, the prin- cess landed at Leith on 18 June 1449, and the royal mar- riage took place on 3 July.2 On the Chancellor's return he founded the collegiate church of Crichton, for a provost, eight prebends, and two boys, appointing divine service to be daily offered for behoof of the souls of the King and Queen and their predecessors and successors, 'pro salute etiam animarum Domini Johannis Crichton patris mei et Christianas matris meae nee non pro salute animse meae et Agnetis conjugis mese.' 3 Soon thereafter took place the mysterious disgrace of the Livingston family and the visit of the Earl of Douglas to Rome, which left the Chancellor undisputed master of the field. Depredations seem to have been committed on the Douglas lands and vassals by the King's orders, and it has even been stated that a plot for the assassination of the Earl had been hatched by the Chancellor, Sir George Crichton the Admiral, and William Turnbull, Bishop of Glasgow.4 Buchanan has a story that after his return the Earl of Douglas fell upon the Chancellor when journeying from Edinburgh to Crichton Castle, which he reached wounded and with difficulty. But in any view, the rela- tions of the two were soon as bad as ever, and though Douglas was restored to the royal favour, it was only to be treacherously murdered by the King himself in Stirling Castle, to which he had been invited, and had gone under a safe-conduct. There seems to be no definite evidence connecting Crichton with the murder, — whether that was the outcome of a deliberate plot or due to a sudden burst of fury on the King's part, — but his known hostility to Douglas, his 1 Stevenson's Wars of the English in France, i. 222. 2 Exch. Rolls, v. p. Ixxiv. 3 Acts and Decreets, clxix, printed in Collegiate Churches of Mid- lothian, 305-311. 4 Law's MSS. cited Exch. Rolls, v. p. Ixxxv. ORICHTON, LORD ORIOHTON 61 earlier treachery to the two young brothers in 1440, and the general belief that the safe-conduct had passed the Great Seal of which he was Keeper, all combined to produce a general belief in his guilt. It has been suggested, and the suggestion may be well founded, that the Queen, who practically owed her throne to the Chancellor, gave him throughout her unswerving support. But be this as it may, little more is recorded of the Chancellor's career, and he seems to have retained his office undisturbed till his death, sometime prior to July 1454.1 Sir Walter Scott describes him as being ' a consum- mate statesman according to the manner of the age,' and 'as destitute of faith, mercy, and conscience as of fear and folly.'2 By his wife Agnes he had at least — 1. JAMES, of whom hereafter. 2. Elizabeth, married, as his third wife, to Alexander, first Earl of Huntly, with issue, on whom the earldom and estates were settled by charter of tailzie, dated 2 March 1457.3 3. Agnes, married to Alexander, Lord Glamis, prior to 17 February 1449-50, when she and her husband, designed as son and heir of Patrick, Lord Glamis, received a confirmation of the lands of Auchtermuny and others, which the said Patrick had resigned.4 From the fact that James Crichton is frequently designed as primogenitus it would seem probable that the Chancellor had other male issue whose names have apparently not been preserved, or whom it is at all events impossible to identify. He was succeeded by his son II. JAMES, second Lord Crichton. On the occasion of the baptism of the twin sons of King James i. in October 1430, the honour of knighthood was conferred on him — 4 primogenitum D. Willelmi Creichton Cancellarii,' and on several other children, including William, afterwards sixth Earl of Douglas, for whose murder the Chancellor was subsequently responsible.5 At an early age, but not prior 1 Exch. Holts, v. p. cvii. 2 Provincial Antiquities, 167-168. 3 Original said by Mr. Riddell, MSS. in Adv. Bib., to be at Gordon Castle. 4 Reg. Mag. Sig. 5 Fordun, xvi. 16 ; of course Crichton was not Chancellor at the time. 62 GRIOHTON, LORD ORIOHTON to 1442, he married Janet Dunbar, elder daughter of James Dunbar, Earl of Moray, and sister of Elizabeth Dunbar, the wife of Archibald Douglas, second son of James, Earl of Douglas,1 who although the younger daughter, seems to have carried the earldom and a great share of the estates to her husband, while the elder had as her portion the barony of Frendraught, as well as Brawl and other lands in Caithness, with other property in the south of Scotland. In her right Sir James Orichton is generally designed Lord of Frendraught, and as early as 26 March 1446, under that designation, and with the consent of Jonet, his wife, he granted to John de Schaw a charter of his lands of Henris- toune, in the barony of Renfrew, in excambion for Dryf- holme and other lands, in the lordship of Annandale, to which deed one of the witnesses was ' carissimo patre meo Willelmo domino de Crechtoun,'2 and next year under the same designation he is witness to an instrument following on the resignation by Christian de Grymislaw already mentioned.3 He is said to have been appointed Lord Great Chamberlain of Scotland, and Orawfurd gives a notice of him in that char- acter.4 It is possible that the office which became vacant by the disgrace of Sir James Livingston in 1449 may have been temporarily held by him, especially as a charter dated 30 March 1451, and confirmed the next day, is witnessed by 'Jac de Crechtoun camerarii Scotise dom. de Fren- drach,' 5 while another charter, dated 26 April 1452, of the lands of Brawl, Dunbeath, and others, in Caithness, in favour of Sir George Crichton, the Admiral, states that the same had previously pertained 'Jonete sponse Jacobi de Creichtoun domini Frendraucht militis camerarii regis.' But it is remarkable that no trace of his having ever exercised the office appears in the Exchequer Rolls. For some time he had the keeping of the Castle of Kildrummy, with a fee of £100 and certain fermes.6 For the purpose of expressing approval of the murder of Douglas by the King a Parliament was held in Edinburgh in June 1452, and various honours 1 Original precept dated 26 April 1442, in Castle Forbes Charter-chest. Partly printed in Antiquities of Aberdeen, etc., iii. 231. 2 The Lennox, ii. 70. 3 Buccleuch Book, ii. 18. 4 Officers of State, 311. b Reg. Mag. Sig. 6 Exch. Rolls, v. 463. CRICHTON, LORD ORIOHTON 63 were bestowed on the Orichtons and their associates. In particular ' thar was maid in the f orsaid parliament three erllis viz. Schir James Orechtoun, son and air to Schir William of Orechton that spousit the eldest sister of Murray, was beltit erll of Murray.'1 The full significance of this incident will be realised when it is remembered that the earldom was held at the time by Archibald Douglas, the brother of the murdered Earl of Douglas. It is doubtful how long the earldom was retained by Orichton, and how his tenure came to an end, whether by resignation, voluntary or enforced, into the hands of the Crown, or in some other way. The references in the authorities are rather per- plexing. On 18 July 1452, under the style of James, Earl of Moray, he is witness to a resignation by Alexander Cunningham of Kilmaurs.2 In the Exchequer Rolls for 1454 there is mention in one place of the payment of a pension granted by ttie King 4Jacobo Comiti Mora vise et domino Creichtoun,3 while in the same volume there is another entry of money due by 'domino Jacobo nunc domino Creichtone.' 4 Still later in 1456 there are references to his accounts as Sheriff of Edinburgh — an office at one time held by his father — in one of which he is described as 4 quondam domini Jacobi Crechtoun comitis Moravie.5 The Douglases and the King were temporarily reconciled in August 1452, and the restoration of the earldom of Moray to that family possibly followed. But still it is curious to find Jonet Dunbar as late as 1458 in a charter of her half-brother Alexander Dunbar of Westfield, con- firmed 15 October 1470, designed Domina Jonete Comitissa Mora vise et domina Prendracht.6 James, Lord Crichton, did not long survive his father, for it is recorded in the Auchinleck Chronicle that in the month of August 1454 ' Schir James, Lord of Crichton, decessit at Dunbar, and it was haldin fra the King a little quhile and syne given till him.' 7 By his wife Jonet Dunbar, who was dead before 19 January 1505-6, when her grandson obtained a charter of Kirk- patrick-Irnegray,8 but survived him at all events until 18 1 Auchinleck Chronicle, 49. 2 Laing Charters, 1134. 3 Ibid., v. 645. 4 Ibid., 653. 5 Ibid., vi. 142. 6 Reg. Mag. Sig. * P. 53. 8 Reg. Mag. Sig. 64 ORIOHTON, LORD ORICHTON March 1494, when under the style of Joneta Dunbar domina de Frendrach, she was served heir to her sister Elizabeth in the lands of Dunbeath and Brawl in Caithness, a fact which proves the extinction of the issue of Archibald Douglas, Earl of Moray,1 he had issue :— 1. WILLIAM, his successor. 2. Gavin. He married Margaret Oockburn2 prior to 24 January 1477, when he obtained from his brother William, Lord Orichton, a charter of the lands of Molyne, Raehills, and others, in the barony of Kirkmychel and sheriffdom of Dumfries, in favour of himself and Margaret, his wife, and the heirs- male of their marriage, confirmed 11 February 1479-80.3 Along with other members of the family he was forfeited in Parliament for his share in the Duke of Albany's rebellion in February 1483,4 and these lands were granted to Alexander Kirkpatrick on 20 October 1484.5 He died prior to 22 November 1493, survived by his wife, who was married secondly to John of Wardlaw,6 and having had issue James and William, both nominated in the Frendraught entail of 22 November 1493.7 3. George, a witness to various deeds, including the charter of Molyne of 24 January 1477-78. He too was forfeited in February 1483.8 III. WILLIAM, third Lord Crichton. He married, prior to the year 1478, Marion Livingston, daughter of James, Lord Livingston,9 an alliance probably intended to finally end the long-continued rivalry of the two families. He is said to have been greatly attached to her, and so incensed by the discovery that she had been seduced by King James in. that he retaliated by deliberately debauching Margaret, the King's youngest sister, a Princess of great beauty, but of a reputation that was more than loose.10 Whatever may have been the cause, it is, however, plain that he was one of the moving spirits in the strange series of plots and 1 Original retour in Riddell Collection, Adv. Bib. 2 Acta Dom. Cone., 211. 3 Reg. Mag. Sig. 4 Acta Part. Scot. 5 Reg. Mag. Sig. 6 Acta Dom. Cone., 1502. 7 Reg. Mag. Sig. 8 Acta Part. Scot. 9 Acta Dom. Cone., 15 ; Acta Dom. Audit., 69. 10 ' Forma egregia et consuetudine fratris infa- mem,' Buchanan, xii. 51. ORICHTON, LORD ORIOHTON 65 intrigues of which the Duke of Albany was the nominal head. When Albany made his peace with the King by the extraordinary indenture of 19 March 1482-83, 1 one of the terms of the bargain was that Orichton and others of Albany's associates should on the one hand be discharged by him of certain obligations into which they had entered with him, while Orichton, along with the Earls of Angus and Buchan, Lord Gray and Sir James Liddale of Haulker- ston, were in like manner to renounce certain unlawful bonds which they had given to the King of England. So little, moreover, did the King appear to trust Orichton, that another condition was that he with the Earl of Buchan and Sir James Liddale should be banished for three years. Whether this compact was seriously regarded as more than a means of gaining time may well be doubted. But any- how no attempt seems to have been made to implement its provisions. Albany proceeded to fortify himself at Dunbar with the assistance of Orichton and some of the other conspirators, while Liddale was despatched to England to obtain, if possible, assistance from Edward iv. By this time the King's party were thoroughly roused. Albany found it desirable to take refuge in England, and was attainted by Parliament on 8 July 1483.2 Orichton's turn came next, and a solemn process of forfeiture against him and various of his kinsfolk and other persons was instituted before Parliament, the charges including traitorous corre- spondence with Albany in England after his forfeiture and the fortifying of Orichton Oastle against the King. Orichton, who had fled to the sanctuary of St. Duthac at Tain, where he lived in the vicar's house within the garth, failed to appear, and was forfeited and outlawed in absence on 24 February 1483-84.3 A story is told, apparently on the authority of Buchanan, to the effect that Lady Crichton having died during these troubles, the King proposed to remove the forfeiture in the hope that Orichton would marry the Princess Margaret, and, as far as might be, restore her reputation, and that not long before they both died they had a meeting at Inverness, 1 Acta Parl. Scot., xii. 33 ; Original in Register House State Papers, No. 19. 2 Exch. Rolls, ix. xlix, et seq. 3 Acta Parl. Scot., ii. 158, et seq. ; see also Treasurer's Accounts, i. cclxxxvii. VOL. III. E 66 ORIOHTON, LORD CRICHTON where Crichton's tomb might still be seen. And Mr. Riddell even goes the length of observing that the last statement 4 may lead in such a singular chain of events to the worst suspicions.' * But whatever may have been the King's inten- tions or Lord Orichton's fate, there is no evidence that his forfeiture was ever rescinded or that he married the Prin- cess Margaret. He was certainly dead before 23 October 1493.2 By his wife, Marion Livingstone, Lord Crichton had James, apparently an only son. The date of his birth is unknown, but he must have been of age before 23 October 1493, when an action was pursued by James Giffert 4 as assignee to James Oreichtoun, the son and are of umquhile William, sumtyme Lord Oreichtoun.7 3 On 22 November 1493 4 his grandmother, Joneta Dunbar domina de Frendracht, under reservation of her own life- rent, personally resigned the lands and barony of Frendracht in the sheriffdom of Aberdeen, and the lands and barony of Inverkethny in the County of Banff, and a Grown charter thereof was granted in favour of James Crichton, son and heir of the deceased William, Lord Crichton, and the heirs- male of his body ' quibus deficientibus, Jacobo Crichton filio quondam Gawini Crichton et heredibus ejus de cor- pore legitime procreatis, quibus deficientibus, Willelmo Orichton filio ejusdem Gawini et heredibus de ejus corpore legitime procreatis, quibus deficientibus, legitimis et pro- pinquioribus heredibus dicti Jacobi filii Willelmi domini Crichton quibuscunque.' In this way Frendraught came to be the principal holding of the main stock of the family of Crichton, whose subsequent history will be found under that title. William, Lord Crichton, had also, by the Princess Mar- garet, a natural daughter, Margaret Crichton, whose chequered career is one of the most curious in the history of her time. She must have been brought up in the royal household, for in the Treasurer's Accounts for the year 1495-96 there are entries of dress purchased for 'Lady Margretis dochtir.' 5 She was married, first, to William Tod- rik, burgess of Edinburgh. This marriage must have been 1 Remarks, 194. 2 Acta Dom. Cone., 311. 3 Ibid. 4 Reg. Mag. Sig. s Vol. i. 265. CRICHTON, LORD OBIOHTON 67 prior to 8 February 1505, when Todrik received from the King under the Great Seal a grant of certain exemptions from customs in respect of his marriage ' cum consanguinea nostra Margreta Oreichtoun.' l Todrik must have died before 27 July 1507.2 She was married, secondly, to George Halkerstoun— also a burgess of Edinburgh. This marriage must have taken place prior to 4 July 1510, when she and her husband ob- tained a similar grant, to them and to the survivor, of exemp- tion from customs to the amount of 100 merks yearly import and export. This grant also proceeds on a narrative of the King's tender love and affection 4 quos gerimus erga dilectam consanguineam nostram Margaretam Oreichtoun.'3 Hal- kerstoun, who became one of the custumars of Edinburgh, seems to have been killed at Flodden, and his widow suc- ceeded him in that office.4 By George Halkerston she had at all events a son James, who was conjoined with her in a lawsuit in 1538.5 Margaret Orichton's third husband was George, Earl of Rothes. This marriage must have taken place prior to 1 April 1517 — when a new charter of the Rothes estates passed the Great Seal in favour of ' Georgio Lesley Oomiti de Rothes dom. Lesly et Margarete Oreich- toun ejus sponse affidate per verba de futuro cum carnali copula inde secuta.' This marriage was dissolved on one of the pretexts usual at the time on 27 December 1520, and Lord Rothes married successively Elizabeth Gray, the widowed Oountess of Huntly and Agnes Somerville, relict of John, Lord Fleming. Margaret Orichton does not seem to have acquiesced in the judgment, and may have ultimately been successful in getting it set aside, and in reasserting her position as Oountess of Rothes, prior to 31 May 1542, when as Margaret Oreychtoun Comitissa de Rothes she obtained a charter of the lands of Drumcroce.6 She seems to have died prior to 1546, when Lord Rothes appears as the husband of 4 dame Margret (properly Isabel) Lundy, relict of umquhile David, Erie of Oraufurde.' 7 By Lord Rothes Mar- garet Orichton had issue at least one child, Norman Leslie —the well-known Master of Rothes. (See title Rothes.) ARMS.— Various branches of the family of Orichton bear, 1 Exch. Rolls, xii. 465. 2 Ibid., 594. 3 Ibid., xiii. 367. * Treasurer's Accounts, i. 241. 5 Riddell's Remarks, 195. 6 Reg. Mag. Sig. 1 Ada Dom. Cone, et Sessionis, xx. f . 174. 68 ORIOHTON, LORD ORIOHTON with different modifications, argent, a lion rampant azure, which may accordingly be regarded as the original arms of the main stock. These also appear to be the arms actu- ally used by the Chancellor at one time. For in The Scotts of Buccleuch1 is reproduced his seal, appended to a deed of 1439, showing a shield couche, charged with a lion rampant, as well as a female figure on the dexter, apparently acting as supporter, and a helmet with a goat's head for crest. Laing2 gives another seal of the Chancellor appended to a deed of 1449, and bearing, 1st and 4th, a lion rampant, 2nd and 3rd, a saltire and chief. Sir David Lyndsay 3 gives as the arms of Crichton, Lord Crichton, 1st and 4th, argent, a lion rampant azure, 2nd and 3rd, argent, a saltire and chief azure — over all an escutcheon of the arms of Moray, which earldom the second Lord Crichton held for a short time. The suggestion that these new quarterings are for Boyes, and denote a marriage with the heiress of that family, derives support from the facts that Sir David Lyndsay gives as the arms of 'Lord Boyis of Dryvisdaill of Auld,' argent, a saltire and chief azure,4 and that Dryfesdale had come into the possession of the Crichtons by 1361. [j. R. N. M.] 1 ii. 32. 2 i. 1212. 3 Heraldic MS., 54. 4 Ibid., 64. MACKENZIE, EARL OF CROMARTIE IR RODERICK or Rorie Mackenzie, from whom the family of the Earls of Oromartie is descended, was the second son of Colin Mackenzie of Kin- tail, and immediate younger brother of Ken- neth, first Lord Mackenzie of Kintail. His mother was Barbara Grant, daughter of John Grant of that Ilk, and of Freuchie. He was born in or about 1579.1 In 1585 he got from his father the lands of Culteleod, now Castle Leod, in the parish of Podderty.2 In 1605 he married Margaret Macleod, daughter and heiress of Torquil Macleod of the Lewis.3 In the same year his brother Kenneth, who in 1609 became Lord Mackenzie of Kintail, bought from Torquil all his lands, and on 17 November 1608 granted to Rorie and his wife the lands of Coigeach and others.4 Rorie thereafter used the territorial designation of Coigeach. Lord Mackenzie died in March 1611, leaving a family and an embarrassed estate, and Rorie undertook the office of tutor to his nephew, Colin, second Lord Mackenzie, and is 1 His grandson, the first Lord Cromartie, states that he died in 1626 in the forty-eighth year of his age ; Genealogie of the Mackenzies by a Person of Qualitie. Privately printed, Edinburgh 1829. 2 Charter 7 October 1585, Cromarty Writs, Tarbat House. 3 Original marriage-contract 6 May 1605, at Tarbat House. * Reg. Mag. Sig., 8 April 1609. 70 MACKENZIE, EARL OF OROMARTIE usually designed ' Tutor of Kintail.' He nursed the estate well, and handed it over on his nephew's majority in a flourishing condition. The Island of Lewis, which formed part of the lands acquired from Torquil Macleod, was at this time in a state of civil war owing to the feuds of the Macleods. On 11 June 1611 the Tutor of Kintail, with certain other gentlemen of the name of Mackenzie, received from the Privy Council a Commission of Justiciary over the island,1 which is described as inhabited 'be a nomber of thevis, murthouraris, and . ane infamous byke of lawles lymmaris, undir the chair ge and commandiement of the traytour Neill McOloyd, who hes usurpit upoun him the authoritie and possessioun of the Lewis.' Rorie and his colleagues were intrusted with full powers of fire and sword ' for reducing of the saidis lymmaris to his Majesteis obedience,' which was most effectively done. Neil Macleod was caught, brought to Glasgow, and executed ; the more lawless spirits of the island were banished, and the re- mainder settled as peaceable tenants of Lord Mackenzie. On 11 April 1617 Rorie Mackenzie had a charter from the King of the lands of Torresay and others, which formerly belonged to Hector Maclean of Dowart, and which were erected into the barony of Dowart.2 At the same time he was intrusted with the task of reducing to order the inhabitants of Mull, Morven, and Tiree,3 a task which he accomplished in two years. He left a name of terror among the lawless Highlanders : to this day there is a Gaelic proverb: 'There are two things worse than the Tutor of Kintail: frost in spring, and mist in the dog-days.' He was knighted previous to 4 March 1619, on which date he had a Crown charter to himself and his wife in liferent and his son John in fee, of the lands of Inscheroreis and others in Inverness-shire.4 On 16 May 1621 he had a charter of the island of Barray,5 and in 1623 he bought the lands of Easter Aird, Easter Tarbat, Downielarne and Meikle Tarrell, from George Monro of Tarbat for 110,000 merks.6 These lands were on 31 July 1623 erected into a barony.7 He was a Justice of the Peace for Inverness and 1 P. C. Reg. The commission was renewed 28 May 1612. 2 Reg. Mag. Sig. 3 Commission dated 3 April 1617 ; P. C. Reg. 4 Reg. Mag. Sig. 6 Ibid. 6 Fraser's Earls of Cromartie, i. p. xlvii. 7 Reg. Mag. Sig. MACKENZIE, EARL OF OROMARTIE 71 Oromarty, and in 1611 was appointed a Commissioner in Inverness-shire for the trial of persons accused of resetting the Clan Gregor.1 On 30 July 1613 he was himself found guilty of the same offence and fined £4000 Scots.2 Castle Leod, near Strathpeffer, was built by him in 1616.3 He died there in September 1626. By his wife, Margaret Macleod, who survived him and married, secondly, Thomas Fraser of Strichen (contract 17 February 1629) ,4 he had issue six sons and one daughter:5— 1. JOHN. 2. Kenneth, of Scatwell, who married, first, a daughter of Sir Robert Munro of Fowlis, and, secondly, Janet, daughter of Walter Ross of Invercarron, by both of whom he had issue. Died 3 March 1662. 3. Colin, of Tarvey, married the eldest daughter of Alex- ander Mackenzie of Gairloch, widow of John Mac- kenzie of Lochslin, and had issue. He had a grant of the barony of Culloden 22 March 1634.6 4. Alexander, of Ballone, married a daughter of Hugh Fraser of Culbockie, widow of Kenneth Mackenzie of Inverlawl, and had issue. Died at Munlochy 1645. 5. Charles, died s. p. at Ohanonry 1629. 6. James, died s. p. at Inchrorie 1647. 7. Margaret, married to Sir James Macdonald of Slate.7 Also a natural son, John Mackenzie, Archdeacon of Ross. SIR JOHN MACKENZIE of Tarbat, the eldest son, was under age when he succeeded to his father in 1626, as he had tutors in August 1628.8 He was created a Knight- Baronet of Nova Scotia on 21 May 1628. The patent is not on record, but is recited in the patent of baronetcy to his grandson Kenneth of 29 April 1704.9 He also received a grant of lands in the colony, extending to 16,000 acres, to be called the barony of Tarbat.10 He sat in Parliament for Inverness-shire 1628-33 and 1639-40. He was an active Covenanter ; in the General Assembly of 1638 he sat as one 1 P. C. Reg., ix. 286. 2 Ibid., x. 122. 3 SeeMacGibbon and Ross's Castellated and Domestic Architecture of Scotland, iii. 625. 4 Reg. Mag. Sig. 6 Earls of Cromartie, i. p. xlix. 6 Reg. Mag. Sig. 1 Earls of Cromartie, i. p. li. 8 Ibid., p. liv. 9 Reg. Mag. Sig. 10 Sasine, taken at Edinburgh Castle 13 February 1630, at Tarbat House ; recorded Gen. Reg. Sas. 15 March 1630. 72 MACKENZIE, EARL OF OROMARTIE of the ruling elders for the Presbytery of Tain ; he was a member of the committee which prepared the libels against the bishops ; and was himself one of the principal witnesses against Lindsay, Bishop of Edinburgh, and Maxwell, Bishop of Ross. In 1643 he was appointed one of the commissioners for loans for Inverness, and a colonel of Foot for the same county, and in 1646-47 he was on the Committee of War for the county. In 1647-48 he became one of the ' Engagers ' to put the Scottish forces at the disposal of Charles I., and proceedings seem to have been taken against him in the General Assembly on this account.1 He suffered imprison- ment under Cromwell.2 He died 10 September 1654. He married, in 1629, Margaret Erskine,3 younger daughter and co-heiress of Sir George Erskine of Innerteil. She survived him and married, secondly, in 1661, Sir James Foulis of Oolinton. She was alive in June 1693. By her he had issue : — 1. GEORGE, afterwards first Earl of Cromartie. 2. John, died s. p. 1662. 3. Roderick, of Prestonhall. Advocate 6 February 1666 ; Clerk of Session 1678 ; M.P. for the county of Oromarty 1700 ; Lord Justice-Clerk 1 December 1702 ; an ordinary Lord of Session as Lord Prestonhall 12 January 1703; superseded as Justice-Clerk October 1704 ; resigned his judgeship in favour of his nephew, Sir James Mackenzie of Royston, June 1710; ap- pointed Sheriff of Ross-shire September 1710; died 4 January 1712. Married, first, 28 April 1674,4 Mary, daughter of Alexander Burnet, Archbishop of St. Andrews (she died before 4 January 1700), and had issue : — (1) Alexander, married, in 1702, Amelia, eldest daughter of Hugh, tenth Lord Lovat, and took the name of Fraser. Died at Leith 3 June 1755. His son Hugh assumed the title of Lord Lovat. He died 9 November 1770. (2) Elizabeth, baptized 9 August 1675. (3) John, baptized 27 July 1678. (4) George, baptized 25 January 1681. Lord Prestonhall married, secondly, Margaret 1 Commission Records, Scot. Hist. Soc., ii. 281. 2 Scotland under the Commonwealth, Scot. Hist. Soc., 153, 160. 3 Marriage-contract 25 July 1629. 4 Edinburgh Register. MACKENZIE, EARL OF OROMARTIE 73 Halyburton, daughter of the Laird of Pitcur, and widow of Sir George Mackenzie of Rosehaugh, Lord Advocate under Charles n. and James n. She died in January 1713.1 By her he had no issue. 4. Alexander, of Ardloch and Kinellan, whose male line inherited the baronetcy. 5. Kenneth, married Isobel Auchinleek, and had issue :— (1) Kenneth, baptized 22 December 1674, 2 died s. p. 6. James, received the degree of M.D. at Rheims ; died s. p. 7. Margaret, married, first, to Roderick Macleod of that Ilk without issue ; secondly, to Sir James Campbell of Lawers. 8. Anne, married, July 1659, to Hugh, ninth Lord Lovat. 9. Isabel, married to Kenneth, third Earl of Seaforth, and had issue. 10. Barbara, married3 to Alexander Mackenzie of Gair- loch, and had issue. 11. Catherine, married 4 to Sir Colin Campbell of Aberuchill, a Lord of Session, and had issue. I. SIR GEORGE MACKENZIE, of Tarbat, Baronet, was born at Innerteil in 1630, and was educated at the University of St. Andrews and at King's College, Aberdeen, where he graduated in 1646.5 On 24 January 1655 he was served heir to his father in his estates in the counties of Inverness, Ross, and Elgin, and in the barony of Innerteill in Fife; and on 22 January 1662 to his grandfather in the barony of Dowart, etc., in Argyllshire. He took part in Glencairn's expedition on behalf of Charles n., but after Middleton's defeat at Lochgair on 26 July 1654 he escaped to the Con- tinent, and remained abroad till the Restoration. At the Restoration Middleton, now an Earl, became the King's Commissioner in Scotland, and he made Mackenzie his chief confidant and adviser. On the reconstruction of the Court of Session he was appointed a Lord of Session 1 June 1661, with the judicial title of Lord Tarbat. In the 1 Edin. Tests., 15 June 1713. 2 Edinburgh Register. 3 Contract 4 March 1670; Tarbat Writs. * Contract 19 August 1667. 5 Fasti Aber- don., Spalding Club, 1854, 468. 74 MACKENZIE, EARL OP OROMARTIE same year he was elected a member of the Estates for Ross-shire. He took an active part in politics; his kins- man, Sir George Mackenzie of Rosehaugh, says that he was the chief originator of the Act Rescissory of 1661 ; and he actively supported Middleton in his intrigues against Lauderdale. He was concerned in devising the 'Act of Billeting,' which proposed by a secret vote of the Estates to declare certain persons incapable of holding any office of public trust. This proposal, designed for the overthrow of Lauderdale, recoiled on the heads of its contrivers and led to Middleton's dismissal from office. Tarbat shared his fall, and on 16 February 1664 was deprived of his seat on the bench. He was excluded from office for many years, but continued to take a prominent part in the business of Parliament. In 1678, through the good offices of Arch- bishop Sharpe with the Duke and Duchess of Lauderdale, he was restored to public employment, and on 16 October in that year was appointed Lord Justice-General, receiving at the same time a pension of £200 and a letter of pardon from Charles n. On 11 November he was admitted a member of the Scots Privy Council. In 1680 Lauderdale was superseded as Secretary by Alexander, fourth Earl of Moray, and from that time till the Revolution Tarbat had the chief management of Scots affairs. On 16 October 1681 he was appointed Lord Clerk Register, and on 1 November following was admitted one of the ordinary Lords of Session. On 26 February 1685 he received from James vn. a grant of a further pension of £400, and on 15 April following was raised to the Peerage as VISCOUNT OF TARBAT, LORD MACLEOD AND CASTLEHAVEN, the patent being to himself and the heirs-male of his body. At the Revolution he took measures to secure his position with the new rulers, and by advising in council the dis- banding of the militia he greatly facilitated the establish- ment of King William's Government. He was not at first officially employed, being omitted from the new commission of Lords of Session ; he was relieved of his office of Lord Clerk Register,1 but after Killiecrankie he was employed in negotiations with the Highland chiefs, and on 5 March 1 Exoneration and discharge, 25 April 1689, Leven and Melville Papers. MACKENZIE, EARL OF OROMARTIE 75 1692 he was reinstated as Lord Clerk Register. He held the office till 1696, when he retired with a further pension of £400 a year. On the accession of Queen Anne he became Secretary of State for Scotland,1 and on 1 January 1703 he was advanced to the dignity of EARL OF CROMARTIE, VISCOUNT OF TARBAT, LORD MACLEOD AND CASTLEHAVEN, the new dignities being granted to himself and his heirs- male and of taillie.2 On 17 May 1703 he became Captain-General of the Royal Company of Archers, and in the same year obtained from Queen Anne the charter3 which was till recently the regulating charter of the company. He resigned the Secretaryship in 1704, and on 26 June 1705 became again Lord Justice-General, which office he held till 1710. He ably and strenuously supported the Union. His last yea*s were spent in retirement in Ross- shire ; Swift writes of him that ' after four score he went to his country house in Scotland with a resolution to stay six years, and lived thriftily in order to save up money that he might spend it in London/ He died at New Tarbat on 27 August 1714. He was one of the original Fellows of the Royal Society, and contributed several papers to its early Transactions.* In addition to these he was the author of many publica- tions on political, historical, and ecclesiastical subjects. A portrait of Lord Cromartie, after Sir J. Baptist Medina, is in the Scottish National Portrait Gallery. The Earl married, first, in 1654, Anna, daughter of Sir James Sinclair of Moy, Baronet (she died in 1699), and had issue : — 1. Roderick, who died young.5 2. JOHN, second Earl of Cromartie. 3. Kenneth, of Grandvale and Cromartie, born circa 1658. Created a Baronet 8 February 1704 with his father's 1 Patent dated 21 November 1702 at Tarbat House. 2 Patent at Tarbat House, printed in Ada Parl. Scot., xi. 118, and in Earls of Cromartie, ii. 351. 3 Signature dated 31 December 1703. Printed in Balfour Paul's History of the Royal Company of Archers, 41. 4 Transactions, x. 305, 307, 396 ; xxvii. 296. 5 Resignation at Tarbat House, of date 9 June 1665, in which he is styled eldest son. 76 MACKENZIE, EARL OF OROMARTIE precedency, sat in Scots Parliament for Oromarty 1693-1701, supported the Union, was nominated by Scots Parliament to sit in Parliament of Great Britain 13 February 1707, elected M.P. for Oromarty 1710-13, and again in 1727 ; l died 13 September 1728. Married, before 1701, Anne Oampbell, and had issue — (1) GEORGE, who succeeded to the baronetcy. Married, about 1747, Elizabeth, sister of Captain John Reid of Greenwich, without issue. Died 20 May 1748. She died 24 August 1807, aged eighty-four.2 (2) Colin, baptized 6 January 1703. (3) James, born 20 February 1709. (4) Campbell, born 8 November 1710. (5) Gerard, born 27 September 1712. (6) KENNETH, who succeeded his brother George in the baronetcy in 1748. Died, unmarried, at Bath 13 September 1763. (7) Catherine, married to Dr. Adam Murray, Stirling, and died 17 June 1755. (8) Margaret, died unmarried before 12 August 1742. 4. James, of Royston, born 1671. Advocate 19 November 1698, created a Baronet 8 February 1704, Lord of Session (Lord Royston) 7 June, and Lord of Justiciary 22 July 1710 ; died 9 November 1744. Married Eliza- beth, daughter of Sir George Mackenzie of Rose- haugh, sometime Lord Advocate, widow of Sir Archi- bald Oockburn of Laugton (she died in July 1717),3 and had issue :— (1) George, of Farnese, born 18 October 1708 ; married, 20 January 1743, Isabella, daughter of Archibald Stewart, W.S., without issue; died 15 May 1744. (2) Anne, married to Sir William Dick of Prestonfield, Bart. (3) Elizabeth, married, as his first wife, in 13 January 1725, to Colonel John Stewart, afterwards Sir John Stewart of Grandtully, and had issue. 5. Margaret, married to David Bruce of Clackmannan, without issue. 6. Elizabeth, married, before 1692,4 to Sir George Brown of Ooalstoun, and had issue. 7. Jean, born 11 July 1661, married to Sir Thomas Stewart of Balcaskie, Baronet, a Lord of Session, and had issue. 8. Anne, married to the Hon. John Sinclair of Murkle, a 1 Historical Register. 2 Scots Mag. 3 Edin. Tests., 10 November 1718. 4 Reg. Mag. Sig., lib. Ixii. 182. MACKENZIE, EARL OF OROMARTIE 77 Lord of Session, brother of Alexander, ninth Earl of Caithness, died s. p. 21 October 1740. The Earl of Oromartie married, secondly, 11 April 1700, Margaret, Countess of Wemyss in her own right, widow of James, Lord Burntisland, but by her, who died 11 March 1705, had no issue.1 II. JOHN, second Earl of Cromartie, was born circa 1656. On his father's creation as Viscount of Tarbat in 1685 he took the designation of Master of Tarbat. He was at this time member of Parliament for the county of Ross. The Parliament resolved that by reason his father was nobilitate he could not continue to represent the shire as one of their commissioners, and a warrant was therefore issued for a new election.2 In May 1689 he was arrested as suspect of hostility to William and Mary, but was released on parole in the following December by order of the Privy Council.3 In August 1691 he was tried for the murder of Elias Poiret, Sieur de la Roche, a French Protestant refugee and Gentle- man of the King's Guard, killed in a scuffle in a vintner's in the Kirkgate of Leith, and was acquitted.4 When his father became Earl of Cromartie he took the courtesy title of Lord Macleod. He succeeded to the earldom in 1714. His pecuniary affairs became much embarrassed ; the estate of Cromartie was sequestrated in 1724. He died at Castle Leod on 20 February 1731. He married, first,5 Lady Elizabeth Gordon, only daughter of Charles, first Earl of Aboyne. She was divorced 28 July 1698.6 During her marriage this lady contracted large debts for ' meat, drink, cloaths, abulziments, rings, brace- lets, and jewals of great value,' and in 1696 her husband raised letters of inhibition against her to protect his estate.7 By her the Earl had no issue. He married, secondly, 25 April 1701, the Hon. Mary Murray, eldest daughter of Patrick, third Lord Elibank (she died before 1717). By her he had issue : — 1 Article by Mr. T. F. Henderson in the Dictionary of National Biography, and authorities there cited ; Earls of Cromartie, i. pp. Ixvii- cxciv. 2 Salton on Peerages, 77. 3 Earls of Cromartie, i. pp. cxcvi, cxcvii, 62. 4 Arnot's Criminal Trials, 156. 5 Contract 2 and 10 January 1685. 6 Commissariot of Edinburgh, Consistorial Decreets, i. 305. 7 Letters of Inhibition, 16 April 1696, at Tarbat House ; cf. Earls of Cromartie^ i. p. ccvi. 78 MACKENZIE, EARL OF OROMARTIE 1. GEORGE, third Earl of Oomartie. 2. Roderick. Present at siege of Gibraltar 1726, lieut- enant Royal Dragoons 1740, captain of Foot 1745, served in Flanders. Said to have been twice married, and was succeeded by his son : — (1) KENNETH, who on the death of Lord Macleod in 1789 suc- ceeded to the Cromartie estates. See p. 83. 3. William. Captain in the Scots Brigade in Holland, entered East India Company's service 1737, lost in a storm in the expedition against Angria. 4. Patrick, became a merchant, died s. p. 5. Gideon, died 1714. 6. Mary, died unmarried May 1726. 7. Anna, died unmarried 25 December 1777. 8. Helen, living in 1714. The Earl of Cromartie married, thirdly,1 the Hon. Anne Fraser, second daughter of Hugh, tenth Lord Fraser of Lovat, widow of Patrick Fothringham, younger of Powrie, and of Norman Macleod of Macleod. By her he had issue : — 9. James, who died young. 10. Norman, an officer in the Scots Dutch Brigade, drowned when crossing from Scotland to Holland with recruits. 11. Hugh, also an officer in the Scots Dutch, raised a company in the 78th, Montgomerie's Highlanders, in 1757, and became a captain in the regiment, with which he served in America. 12. Amelia, married, 22 September 1740, to Archibald Lamont of that Ilk ; died at Ardlamont 19 January 1801, leaving issue. III. GEORGE, third Earl of Cromartie, was born circa 1702. During the lifetime of his grandfather, the first Earl, he had the courtesy title of Master of Macleod, as the eldest son of Lord Macleod. After his father became Earl of Oromartie in 1714 he took the title of Lord Tarbat, and in 1731 he himself succeeded to the earldom. He was the intimate friend and correspondent of his cousin Simon Fraser, Lord Lovat, and many interesting and characteristic letters from the latter are preserved at Tarbat House.2 1 Contract 23 October 1717. 2 Printed in Earls of Cromartie, ii. 284-314. MACKENZIE, EARL OF CROMARTIE 79 When Prince Charles Edward landed in 1745 he addressed to Lord Cromartie a letter dated at Boradel, 8 August 1745, intimating his resolution to restore the King, his father, and to set up the Royal Standard at Glenfinnan on Monday 19 August, where he expected the Earl would join him. The Earl was then in correspondence with Duncan Forbes of Culloden,1 and professed loyalty to the house of Hanover, but he and his eldest son, Lord Macleod, after a little delay, joined the second army which assembled at Perth, after Prince Charles had marched into England. He was employed in collecting money for the Prince in Fife ; he superintended the transportation of the French artillery across the Forth from the siege of Stirling ; and he and Lord Macleod were present at the battle of Falkirk on 17 January 1746. When the Jacobite forces retired north- wards Oromartie accompanied Lord George Murray's force. He afterwards took over the command of the Earl of Kil- marnock's troops. This command was afterwards trans- ferred to James Drummond, titular Duke of Perth, but after his departure Cromartie remained in command in Sutherland. On 15 April 1746 he was surprised and defeated at Dunrobin by the Earl of Sutherland's militia, and shortly afterwards was captured at Dunrobin Castle. He was sent to London and committed to the Tower, and on 28 July was brought to trial before the House of Lords. He pleaded guilty, and on 1 August he was sentenced to death, and his honours and estates were forfeited. After his condemnation it was stated on his behalf that after Prestonpans application was made to the Lord President for a company for Lord Macleod, Cromartie's eldest son ; that subalterns were appointed to levy the men, and levies were made, but that it became known that the subalterns were to be appointed by Lord Fortrose ; that Cromartie, while smarting under the slight, was beset by designing men who used all their arts and cunning to seduce him from his duty, but that no reason could have had this effect if he had not been taken unawares after some merriment, and that on coming to himself he reflected with horror on what he had done. Through the exertions of his wife he was respited on 9 August, and on 18 February 1748 was permitted to leave the Tower, and to 1 Culloden Papers, 411, 415, 232, 235. 80 MACKENZIE, EARL OF OROMARTIE lodge at the house of a messenger. In August following he received permission to reside at Layhill in Devonshire. He had a pardon under the Privy Seal 4 October 1749, with the condition that he should remain in such place as should be directed by the King. He afterwards resided at Northcote, near Honiton. During his later years he was in sore straits for money. In 1759 he writes : 4 We were never more put to it than at present. Every year grows worse and worse for us, as every year increases the load of our debts ' ; and again : * We feel daily the miserable situation we are in. I am afraid we shall be put to the utmost extremity soon, perhaps not to have a house to go into or a bed to lie on, and no hopes of any amendment in this our very distressed situation for some time.' 1 He died in Poland Street, West- minster, on 28 September 1766. Lord Oromartie married, on 23 September 1724 (marriage- contract 27 June 1724, at Tarbat House), Isabella Gordon — called ' Bonnie Bell Gordon ' — eldest daughter of Sir William Gordon, Baronet, of Invergordon, Roes-shire. She received a pension of £200, afterwards increased to £400, out of the rents of the forfeited estates in Scotland (Royal Warrant, 26 February 1749. It was very irregularly paid). She died at Edinburgh 23 April 1769, in the sixty-fourth year of her age, and was buried in the Ganongate Church- yard. By her he had issue :— 1. John, Lord Macleod. 2. William, died in December 1736, aged seven. 3. George, lieutenant-colonel of the 71st Regiment, died unmarried at Madras, 4 June 1787, aged forty- six.2 4. Isabella, who in 1796 succeeded to the Cromartie estates. Infra, p. 83. 1 Letters at Tarbat House. 2 He was buried at Fort St. George, Madras, where the officers of the regiment erected a monument with the follow- ing inscription : — ' Sacred to the remains of the Honourable George Mackenzie, second son to the late Earl of Cromarty, Lieutenant-Colonel of his Majesty's 71st Regiment, Colonel of his Majesty's Army, Commander of the Forces on the Wallajabad Station, who departed this life the 4th of June 1787, aged 46 years. In tribute to his much esteemed memory and great worth the officers of the 71st Regiment (lamenting their gallant Commander) and his nephew and name son, George Mackenzie of the 75th Regiment, who has fought and bled by his side, have caused this monument to be erected/ MACKENZIE, EARL OF CROMARTIE 81 5. Mary, married, first, at London, 23 June 1750, to Captain Clark, and had issue :— (1) Jabez, a captain in the service of the East India Company. Secondly, August 1757, to Thomas Drayton, one of His Majesty's Council for South Carolina, and had issue : — (1) Thomas. Thirdly, at Charlestown, 17 June 1762, to John Ainslie ; and, fourthly, to Middleton.1 6. Anne, married, first, to the Hon. Edmond Atkin, Super- intendent of Indian affairs in the southern district of America, and president of the Council of South Carolina, who died 8 October 1761 ; secondly, at Charlestown, 16 February 1764, to John Murray, M.D.,2died at Oharlestown, 18 January 1768.3 7. Caroline, born 6 .May 1746, died at Crailing 3 Oc- tober 1791. Married, first, at London, 5 September 1760, to Captain Drake s. p. ; secondly, to Walter Hunter of Polmood and Crailing (who died 15 January 1796), and had issue : — (1) Elizabeth, married to James, fourteenth Lord Forbes. (2) Caroline, born 31 May 1777, married, 1 September 1799, to James Elliot, younger of Woollie, W.S., and died 25 April 1824. 8. Jane. 9. Margaret, died at Glasgow 29 March 1773. Married, 21 March 1769, to John Glassf ord of Dougalstoun, Dum- bartonshire, merchant in Glasgow, and had issue : — (1) James, advocate 3 December 1793, Sheriff-depute of Dum- bartonshire 1805, died 28 July 1845. (2) Isabella.* (3) Euphemia. 10. Augusta,5 married, 6 March 1770, to Sir William Murray of Ochtertyre, Baronet, and had issue : — (1) Sir Patrick Murray, sometime M.P. for Edinburgh. 1 Douglas, and Fraser in his pedigree, only give three marriages, but in the destination clause of the entail of the Cromartie estates executed by Lord Macleod 3 May 1786, Lady Mary is designed as 'relict of Middleton, Esquire.' The same deed is the authority for the names of her children. 2 Scots Mag. 3 Intimation of her death, Earls of Cromartie, ii. 256. 4 Cromartie Entail, 3 May 1786. 6 Lady Augusta, whose birth took place immediately after her father's forfeiture, was said to have been born with the mark of an axe and three drops of blood upon her neck. VOL. III. F 82 MACKENZIE, EARL OF OROMARTIE JOHN, Lord MACLEOD, was born in 1727. Along with his father, the third Earl, he took part in the rising of 1745, was taken prisoner, and pleaded guilty to a charge of high treason 20 December 1746. He was pardoned 22 January 1748 on condition that within six months of attaining his majority he should convey to the Grown all his rights in the estates of the Earls of Cromartie, which he accordingly did. He went abroad in 1749 and entered the Swedish service. He had an introduction to the Swedish Court from Marshal Keith, and the cost of his equipment was paid by the Chevalier de St. George, on the recommendation of Lord George Murray. In 1757 he went through the first campaign of the Seven Years' War as a volunteer with the Prussians, and was present at the battle and siege of Prague. He rose high in the Swedish service, received the Order of the North Star, became a colonel aide-de- camp to the King, and was created COUNT CROMARTY and Commander of the Order of the Sword in Sweden. He returned to England in 1777, and through the good offices of his cousin, Henry Dundas, an offer by him to raise a Highland regiment was accepted, and he re- ceived a commission as colonel, dated 19 December 1777. He raised two battalions of Highlanders, which became the 73rd Foot (afterwards numbered 71st, now 1st Battalion Highland Light Infantry). He went to India in command of the first battalion in 1779, and took part in the operations against Hyder Ali. He came home in 1781, and in 1783 became a major-general on the British establishment. In 1780 he was elected M.P. for Ross-shire. The family estates were restored to him by Act of Parliament 18 August 1784, on payment of £19,000 of debt affecting the property. He died at Edinburgh on 2 April 1789. Lord Macleod left narratives of his experiences in the '45, and in the Bohemian campaign of 1757, both of which are printed.1 He married, 4 June 1786, Margery, eldest daughter of the sixteenth Lord Forbes, without issue. She married, secondly, 11 March 1794, John, fourth Duke of Atholl, and died in 1842. On 3 May 1786 Lord Macleod executed an entail of the 1 Earls of Cromartie, ii. 379411. MACKENZIE, EARL OP CROMARTIE 83 Cromartie-Mackenzie estates, in virtue of which entail he was succeeded by his cousin, KENNETH MACKENZIE of Oromartie. He was the only son of Captain Roderick Mackenzie, brother of George, third Earl of Cromartie.1 He died in Orchard Street, Mid- dlesex, 4 November 1796. He married, probably as Ms second wife, 30 April 1792, Jane, youngest daughter of Charles Petley of Riverhead in Kent, without male issue ; his daughter, Mary Ann, was served heir to him 6 June 1597. His widow married, secondly, 22 December 1801, Donald Macleod of Geanies, advocate. Kenneth was suc- ceeded under the entail by his cousin, Lady ISABELLA MACKENZIE, Dowager Lady Elibank, eldest daughter of the third Earl, and sister of Lord Mac- leod. She was born 30 March 1725, and died 28 December 1801. She married, a£ Ballincrieff, in January 1760, George, sixth Lord Elibank, and had issue : — 1. MARIA, who succeeded her. 2. Isabella. The Hon. MARIA MURRAY HAY-MACKENZIE, the elder daughter, married, 3 May 1790, Edward Hay of Newhall, brother of George, seventh Marquess of Tweeddale. In terms of Lord Macleod's entail Mr. Hay assumed the addi- tional surname of Mackenzie. He died 5 December 1814. Mrs. Hay-Mackenzie died at No. 10 Royal Circus, Edin- burgh, 8 October 1858, having had issue : — 1. JOHN, who succeeded her. 2. Dorothea, died 22 May 1820. Married, 2 July 1813, Sir David Hunter Blair, and had issue. 3. Isabella, married, 1 November 1817, John Buckle of Wharton House, Edinburgh, and had issue. 4. Georgina, married, 4 August 1821, James, Earl of Glas- gow, without issue, and died 11 March 1869. JOHN HAY-MACKENZIE, the eldest son, had the fee of the Cromartie estates conveyed to him by his mother in 1822 and 1828. He married, 23 April 1828, Anne, third 1 G. E. C. Complete Peerage, ii. 428 n. Si MACKENZIE, EARL OP OROMARTIE daughter of Sir James Gibson-Craig of Riccarton, Baronet. He died at Cliefden 9 July 1849, being survived by his wife, who died at Castle Leod 8 September 1869. He was suc- ceeded by his only child, I. ANNE HAY-MACKENZIE, who was born 21 April 1829. She married, 27 June 1849, George Granville William, Marquess of Stafford, who on 28 February 1861 succeeded his father as third Duke of Sutherland, and who died 22 September 1892. On 21 October 1861 she was created BARONESS MACLEOD OF CASTLE LEOD, co. Oro- martie, BARONESS CASTLEHAVEN OF CASTLE- HAVEN, co. Cromartie, VISCOUNTESS TARBAT OF TARBAT, co. Cromartie, and COUNTESS OF CRO- MARTIE, for her life, with remainder of the said dignities to Francis Sutherland Leveson-Gower, her second sur- viving son and the heirs-male of his body, whom failing, to each other of her younger sons in like manner, in priority of birth, whom failing, to the said Francis and the heirs of his body, whom failing, to each other her younger sons in like manner, in priority of birth, whom failing, to her daughter, Florence Sutherland Leveson-Gower and the heirs of her body, whom failing, to each other of her daughters, in priority of birth ; ' provided that if the said Francis Sutherland Leveson-Gower or any other person taking under the said letters-patent shall succeed to the earldom of Sutherland, and there shall upon or at any time after the occurrence of such event be any other younger son or any other daughter of the said Anne, Duchess of Sutherland, or any heir of the body of such other son or daughter, then and so often as the same may happen, the succession to the honours and dignities thereby created shall devolve on the son or daughter of the said Anne, or their heirs, who would be next entitled to succeed to the said honours if the person so succeeding to the earldom of Sutherland were dead without issue.' The Duchess was Mistress of the Robes 1870-74, and V.A. third class. She died at Sutherland Tower, Torquay, 25 November 1888, leaving issue (see title Sutherland) : — 1. George Granville, Earl Gower, born 27 July 1850 ; died SJuly 1858. 4? MACKENZIE, EARL OP CROMARTIE 85 2. Cromartie, born 20 July 1851, in 1892 succeeded his father as fourth Duke of Sutherland ; married, 20 October 1884, Millicent Fanny St. Glair Erskine, daughter of the fourth Earl of Rosslyn, and has issue. (See title SUTHERLAND.) 3. FRANCIS, who succeeded to the earldom of Cromartie. 4. Florence, born 17 April 1855, married, 15 November 1876, Henry Chaplin, M.P., died 10 October 1881, leaving issue. 5. Alexandra, born 13 April 1866, died unmarried 16 April 1891. II. FRANCIS, second Earl of Cromartie, the second sur- viving son, succeeded under the special remainder in his mother's patent. He was born at Tarbat House 3 August 1852; was vice-lieutenant for Ross and Cromartie and D.L. for Sutherland; major second Volunteer Battalion Seaforth Highlanders; died 24 November 1893. He mar- ried, 2 August 1876, Lilian Janet, daughter of the fourth Lord Macdonald (she was born 21 January 1856, and married, secondly, 7 October 1895, Reginald F. Cazenove, formerly of the 6th Dragoon Guards), and had issue : — 1. SIBELL LILIAN, the present Countess. 2. Constance, born 1882. Married, 19 April 1904, Sir Edward Austin Stewart-Richardson, Bart., of Pit- four, and has issue a son, Ian Roy Hay. III. The Hon. SIBELL LILIAN MACKENZIE was born on 14 August 1878. The abeyance of her father's peerage was terminated in her favour by letters-patent 25 February 1895, when she became suo jure Countess of Cromartie, Viscountess Tarbat, Baroness Macleod of Castle Leod, and Baroness Castlehaven. She married, 16 December 1899, Major Edward Walter Blunt, R.A., sometime A.D.O. to H.R.H. the Duke of Connaught (born 19 May 1860, eldest son of Major-General Charles Harris Blunt, C.B., of Adder- bury Manor, Oxfordshire, assumed the surname of Mac- kenzie 6 January 1905), and has had issue : — 1. Roderick Grant, Viscount Tarbat, born 24 October 1904. 86 MACKENZIE, EARL OF CROMARTIE 2. Janet Frances Isabel, born 24 November, died 19 December 1900. CREATION.— 21 October 1861. ARMS. — Recorded in Lyon Register. Quarterly: 1st, a mountain azure in flames proper, for MacLeod of Leivis ; 2nd, azure, a buck's head cabossed or, for Mackenzie ; 3rd, gules, three legs of a man armed proper, conjoined in the centre at the upper part of the thigh, flexed in triangle, garnished and spurred or, for the Isle of Man ; 4th, argent, on a pale sable an imperial crown proper within a double tressure flory counterflory gules, for Erskine of Innertiell. CREST. — The sun in his splendour. SUPPORTERS. — Dexter, a wild man wreathed about the loins with oak, holding a club resting on the exterior shoulder proper; sinister, a greyhound argent, collared gules. MOTTO. — Luceo non uro. [W. K. D.] RAMSAY, EARL OF DALHOUSIE F southern origin, the first of the name of Ramsay who appears on record in Scotland is Simon de Ramsay, who witnesses a charter of Turstan, the son of Levingus, granting to the monks of Holy- rood l the church of Liv- ingston, dated before 1178, and he also wit- nessed a charter where- by William de Moreville, Constable of Scotland, between 1189 and 1196, confirmed the lands of Gillemmorestun, co. Peebles, to Edulph, the son of Uthred (from whom they took the name of Eddleston).2 WILLIAM DE RAMSAY witnessed, in 1196, a charter by William the Lion to the Church of Coldingham ; 3 and another by that King of a carucate of lands in Kinnaird, co. Stirling, to the Abbey of Holyrood House/ As Hugh, the Chancellor, is one of the witnesses, the charter must have been granted between 1189 and 1199. SIR NESSUS DE RAMSAY appended his seal to a charter by King Alexander n. to the Abbey of Dunfermline on 10 September 1217,5 and he is frequently met with as a witness, appearing as such to a judgment in a case between the 1 Chart. Holyrood, 16. 2 Reg. Glasguense, i. 40; Orig. Parochiales, i. 212. 3 North Durham, Appendix No. 52. 4 Chart. Holyrood, 34. 6 Reg. de Dunfermline, 42. 88 RAMSAY, EARL OF DALHOUSIE Abbeys of Culross and Dunfermline, referred to the Bishop of Dunblane and others at Easter 1227. l He also witnessed a charter of Duncan, son of Gilbert of Lauder, of the Church of Kirkbrie to the monks of North Berwick between 1204 and 1228.2 In this charter are mentioned as witnesses two sons of Nessus : — 1. Mr. Peter or Patrick de Ramsay, whose name is found as a witness to the charter of 1217 already cited, and to another deed also relating to Dunferm- line in the time of William the Abbot, who died 1238,3 and to which his father also appended his seal. He ultimately was appointed Bishop of Aberdeen in 1247, a dispensation being granted on the ground of his illegitimacy, he being 4 the son of a clerk.' 4 He died 1256. 2. William, afterwards Prior of St. Serf's, 25 August 1232.5 NICHOLAS DE RAMSAY, perhaps a brother of Nessus, is a witness to a charter by John de Kocbrun to the monks of Lindores circa 1250-1270.6 WILLIAM DE RAMSAY, perhaps a brother of Nessus and Nicholas, is the first to appear under the designation * de Dalwolsy.' He witnessed a charter of David de Lysurs to the Abbey of Newbattle during the incumbency of Abbot Oonstantine 1233-36.7 He was one of the Council of the Magnates of the realm 20 September 1255.8 WILLIAM RAMSAY DE DALWOLSY, probably the son of the foregoing, signed the Ragman Roll 28 August 1296 at Ber- wick, and on 24 May 1297 King Edward I. writes to him that his commands will be intimated to him by Cressingham the Treasurer.8 He joined the party of Bruce, was one of his most devoted adherents, and among the Barons who signed the letter asserting the independence of Scotland, which Bruce sent to the Pope in 1320. SIR EDMOND DE RAMSAY, either brother or son of the 1 Reg. de Dunfermline, 126. 2 Cart. Mon. de Northberwic, 31. 3 Ibid., 140 ; Chron. de Mailros. 4 Col. of Papal Registers, Letters, i. 232. 6 Chron. de Mailros. 6 Chart, of Lindores, 186. \JRcg. de Newbotle, 28. 8 Cal. of Docs., i. 2015. 9 Ibid., ii. 884. RAMSAY, EARL OP DALHOUSIE 89 foregoing, was also one of Bruce's knights: he joined his leader in 1309-10, and an inquisition as to the value of his forfeited lands of Cockpen was held 20 February 1311-12. They were given in the following March to Robert Hasting,1 but were recovered by the Ramsays after the War of Inde- pendence, to be again forfeited by Edward in., in the person of Malcolm Ramsay.2 ALEXANDER DE RAMSAY of Dalwolsy was one of the most distinguished knights in the reign of David II., and his exploits have formed the subject of song and story. He was at the battle of Borough Muir, where Guy, Comte de Namur, in the English service, was defeated by Randolph, Earl of Moray. He and 4 William the Ramsay,' perhaps a brother, were both at a tournament at Berwick in 1338.3 In the same year he successfully compelled the English to raise the siege of Dunbar, which had lasted for many weeks. He is said to have inhabited the caves at Hawthornden with a large following, and to have been an active partici- pant in raiding the English territories. In 1338 he captured the Castle of Roxburgh, and for this brilliant exploit the King conferred on him the office of Sheriff of Teviotdale, besides a gift of the castle itself.4 But this led to the downfall of the popular and favourite knight. Sir William Douglas, * the Knight of Liddesdale,' had previously held the sheriffship, of which he had been deprived in order that it might be bestowed on Ramsay. He forcibly seized, in 1342, the latter while holding a Court at Hawick, and unsuspicious of his hostile intentions: Ramsay was shut up in a dungeon in Hermitage Castle, where it is said he perished of hunger. He certainly died there, but it is not known by what means his death was compassed. Wyntoun says nothing about his being starved ; he only remarks, 4 of his dede wes gret pete. To tell you thare-off the manere, it is bot sorow for to tell here.' 5 SIR PATRICK RAMSAY of Dalhousie, nephew of the fore- going, made a donation to the Abbey of Newbattle for the welfare of his own soul and that of Margaret, his wife, 1 Cal. of Docs., iii. 245-258. 2 Ibid., 334. 3 Wyntoun, Bk. viii. c. 35. 4 Ibid., c. 39. 6 Ibid. 90 RAMSAY, EARL OP DALHOUSIE before 1353, when William Douglas, Knight of Liddesdale. one of the witnesses, died. He was put in possession of the lands of Dalhousie, Keringtoun, and others by his father,1 in whose lifetime he resigned them in favour of his own son, Alexander, and the heirs of his body, whom failing, to James, his second son, and the heirs of his body, upon which resignation Alexander obtained a charter from David n., 15 June 1357. At Martinmas 1357, Sir Patrick granted to the Abbey of Newbattle the patronage of the Church of Oockpen for the souls of the King, his own father, mother, his wife Margaret, and his uncle Alexander.2 Sir Patrick is said to have held part of the lands of Easter Spot, granted by the Earl of March to Alexander de Ryklynton, by a charter confirmed 18 April 1364.3 There is another confirmation of a charter by Sir Patrick, designed of Keryntoun, of the lands of Mamyl- croft, to John, the son of Matthew, 20 August 1369.4 He is said to have died in 1377, leaving : — 1. ALEXANDER. 2. James, mentioned in his father's resignation. ALEXANDER, the eldest son, is designed of Carnock in the above resignation. He died vita patris, leaving at least one son, ALEXANDER. Under the description of 4 dominus de Dal- housy,' he granted to the Abbey of Newbattle in 1366-67, when his grandfather was apparently alive, but had denuded himself of the estate, the Blindhalch on the north of the Southesk, for his soul, and that of his wife Catherine, and that of his father Alexander, 'whose body is buried in Newbattle Church.' The grant is witnessed, inter olios, by 'Ricardus Brun, my brother.'5 He took part in that invasion of England which ended in the battle of Otterburn 1388; and was slain at Homildon Hill, 14 September 1402, when he had attained the rank of knight- hood.6 He was apparently succeeded by — 1 Dalhousie Charters. 2 Newbattle Charters. 3 Reg. Mag. Sig., foL vol. 35 (91). * Ibid., 64 (207). 5 Reg. de Newbotle, 234. 6 Tenth Rep. Hist. MSS. Com., App. vi. 77. Sir William Ramsay of Dalwolsy had an annuity of £40 in 1364 (Exch. Rolls, ii. 120), and he had a royal charter to himself and his wife Agnes of the lands of Nether Liberton, 24 October 1369 (Reg. Mag. Big., fol. vol. 70). RAMSAY, EARL OF DALHOUSIB 91 ROBERT DE RAMSAY, Lord of Dalhousie, so designed as a witness to charters by the Earl of Douglas in 1414, 1416, and 1417.1 SIR ALEXANDER RAMSAY of Dalhousie witnessed a charter by Archibald, fourth Earl of Douglas, on 12 March 1420-21. He obtained a safe - conduct, on 3 February 1423-24, to extend to the last day of April, to come to meet James i. at Durham, on his return from captivity.2 He was one of the leaders at the battle of Piperdean, 1435 ; had a pension from the Customs of Edinbugh, 1444-49,3 and was an Auditor of Exchequer in 1450.4 He gave a charter, 17 July 1446, of the lands of Orookston, to John Borthwick, to which Alex- ander, his eldest son, was witness, on the resignation of Robert Ramsay of Inverleith.5 On 2 April 1456, he had a charter of the lands of Dalwolsy and Keringtoun, co. Edin- burgh, and Foulden, cp. Berwick, to himself and Alexander, his grandson, and the heirs-male of his body, whom failing, to Robert Ramsay, his second son, whom failing, to George, his third son, whom failing, to William, his fourth son, whom failing, to his own heirs-male of the body, whom failing, to his heirs whatsoever, reserving the terce to his wife, Margaret.6 This charter was confirmed by James HI., 20 March 1473-74.7 He died between 6 August 1459 and 19 March 1464-65.8 He appears to have had two wives, Christian, named in a writ of 1513, cited below, who was probably alive in 1446, and Margaret, referred to above. He had issue : — 1. ALEXANDER. 2. Robert of Swynisdene, ancestor of the Ramsays of Whitehill.9 3. Mr. David, Parson of Foulden.10 4. George, who had a charter from David de Valance, to himself and Christina, daughter of the said David, of the lands of Halhouse and Likbernard, co. Edinburgh, 6 August 1459, confirmed 10 January 1459-60.11 5. William. 1 Reg. Mag. Sig., 3 January 1426-27, 24 May 1429, 8 December 1440. 2 Cal. of Docs. t iv. 942. 3 Exch. Rolls, v. 147 et seq. 4J7>id.,369. 6 Reg. May. Sig. 6 Ibid. 7 Ibid. ; in the Record MS. he is styled quondam, but that does not appear in the printed register. 8 Reg. Mag. Sig. 9 Cf. Ibid., 24 March 1494-95, 28 March 1503, and 22 April 1545. 10 Ibid. , 24 March 1494-95 n Ibid. 92 RAMSAY, EARL OF DALHOUSIE ALEXANDER, the eldest son, died vita patris. An account of his as Sheriff of Edinburgh was rendered in 1456, by which time he was dead.1 He had issue ALEXANDER of Dalhousie, who succeeded his grandfather before 19 March 1464-65, when Isabella, widow of George, fourth Earl of Angus, had a grant of his marriage for the pur- pose of marrying him to one of three of her daughters, whom failing, any of her other daughters.2 He had a confirmation of the grants of the lands of Dalwolsy and Foulden, in 1473, and another on 20 March 1473-74. He sat in Parlia- ment, 1471, 1478, 1479, 1480,3 under the style of Dominus de Dalwolsy. He granted a charter, on 18 May 1481, to his cousin Robert Ramsay of Edmerisden, of the lands of Oockpen, on the resignation of the said Robert.4 He died before 16 March 1482-83, as in an indenture between James in. and the Earl of Angus the latter is ordered to give up the ward and marriage of the heir of Dalhousie, pertaining to the King, by the death of the late Sir Alexander Ramsay of Dalhousie.5 He married Elizabeth Douglas, daughter of George, fourth Earl of Angus,6 and had issue : — 1. ALEXANDER. 2. Elizabeth.1 ALEXANDER RAMSAY of Dalhousie, who succeeded before 16 March 1482-83. He witnessed a charter of Elizabeth Men- teith, domina de Rusky, 28 June (confirmed 30 June) 1494.8 On 6 August 1505 he sold the East Mains of Dalhousie to David Melville, burgess of Edinburgh, and Elizabeth Ward- law, his wife (confirmed 29 August 1505). 9 He married Nicolas, daughter and heir of George Ker of Samuelston, and relict of Alexander, second Lord Home,10 probably in 1508 or 1509, as he grants her the lands of Kerington in liferent by a charter of 12 February 1508-9 (confirmed 15 February 1508-9).11 On 1 August 1513 he granted a charter of novodamus to William Borthwick of Crookston, of the lands of Crookston (confirmed 2 August 1513). 12 On the 1 Exch. Rolls, vi. 142. 2 Reg. Mag. Sig. 3 Acta Parl. Scot., ii. 102, 121, 124, 134. 4 Reg. Mag. Sig., 21 March 1494-95. 6 Acta Parl. Scot., xii. 31-33. 6 Acta Dom. And., *149. 7 Protocol Book of James Young, Edin. City Chambers, 29 June 1494. 8 Reg. Mag. Sig. 9 Ibid. 10 Douglas gives her as the second wife of the last Alexander. n Reg. Mag. Sig. 12 Ibid. RAMSAY, EARL OF DALHOUSIE 93 same day he sold to William Borthwick the right of rever- sion of these lands, granted by the late John of Leyis of Bothans, Margaret, his wife, and John Borthwick, to the late Sir Alexander Ramsay, lord of Dalwolsy, and Christian, his spouse.1 This was among the last public acts of this laird, who fell at Flodden 9 September 1513. By his wife he had issue : — 1. NICOLAS. 2. George, said to have been killed by his brother. 3. Margaret. NICOLAS DE RAMSAY had sasine of the lands of Dalwolsy, 14 January 1513-14, of the greater half of the lands of Car- nock, co. Fife, 27 February 1513-14,2 of the lands of Foulden 6 May 1517.3 He is found on an assize 27 July 1534 (charter of 31 July 1534),4 and 7 March 1546-47 (charter of 18 March 1546-47). 5 He had a commission of Justiciary in Dalwolsy, Keringtoun, and Foulden, 2 May 1542,6 and died before 9 May 1555, when his son was laird.7 He married, first, Isabella, second daughter of Robert Livingston of Drumry, and widow of John Ramsay, Lord Bothwell.8 He married, secondly, on or about 5 November 1552, Christian, daughter of Ninian, Lord Ross of Hawkhead, some time wife to John Mure of Caldwell. Ramsay bound himself to invest £1000 on land for her behoof.9 He had issue : — 1. GEORGE. 2. James, who got a charter, 26 January 1550-51 (con- firmed 8 November 1551), 10 from David Edington of the lands of Clary bald, in the lordship of Hutoun, co. Berwick. 3. William, who, as son of Nicholas Ramsay of Dalhousie, made a complaint, on 17 January 1552-53, to the Abbot of Glenluce, as visitor of the Cistercian Order, on behalf of his father and other gentlemen of the Lothians against John Harvy, a monk of Newbattle, 1 Protocol Book, James Young, at date. 2 Exch. Rolls, xiv. 534, 538. 3 Ibid., 592. 4 Reg. Mag. Sig. 5 Ibid. 6 Douglas. 7 Exch. Rolls, xviii. 584. 8 Reg. Mag. Sig., 20 May 1528; Macfarlane's Gen. Coll., i. 26; vol. ii. of this work, 134. 9 Protocol Book of Thomas Stevin, Haddington, Proceedings Soc. Antiquaries, ii. 411, 412, 415, 420: Christian Ross is variously styled 'filia naturalis,' 'douchter carnalie,' and 'filia legitima.' 10 Reg. Mag. Sig. 94 RAMSAY, EARL OF DALHOUSIE that the latter had at Pinkie Oleuch, on 10 September 1547, slain two brothers of the complainer.1 4. Cuthbert, admitted burgess of Edinburgh, 15 November 1560. As ' brother-german of umquhill George Ramsay of Dalhusie,' he was, on 24 October 1581, admitted to the benefits of the Pacification of Perth.2 He married, first, before 13 December 1549, Agnes Stewart, natural daughter of James, Earl of Buchan (see vol. ii. pp. 157, 267), secondly, Janet Fleming, relict of William Oraik.3 He had a son Richard.* 5. Alexander in Oarrington.5 6. Henry , who is named with his brothers George, James, and William in an action as to alleged spoliation of the lands of Clarybald, above referred to.6 He died young, or was killed at Pinkie, as stated above. 7. 8. Two sons, names unknown (unless one of them was Henry), who were killed at Pinkie. 9, 10. Two daughters, married to William Borthwick and John Gibson, as stated below. Margaret, a natural daughter, was legitimated 23 February 1583-84. She was the wife of John Nasmyth in Prestonpans.7 GEORGE RAMSAY had a charter, as son and heir of Nicolas Ramsay of Dalwolsy, of the lands and barony of Dalhousie, Kerintoun, and Foulden, 20 May 1528,8 another of the dominical lands of Dalhousie to himself and his wife, 8 May 1536,9 another to them of two husband lands in Foulden, 14 March 1533-34,10 and a charter of novodamus of Dalhousie, 6 October 1564.11 He succeeded his father before 9 May 1555, when he had a commission of Justiciary over his own lands.12 On 24 March 1577 and 12 March 1578-79 he was charged before the Privy Council along with his son William, and William Borthwick of Collilaw, and John Gibson, both sisters' sons, with having committed serious outrages on the lands of Richard Abercromby of Polton, one of the bailies of Edinburgh. They had killed six horses, had deforced the messenger sent to summon them, killed 1 Proceedings Soc. of Antiquaries, ii. 415, 420. 2 Ada Parl. Scot., iii. 286. 3 Edin. Inhibitions, iv. 319. 4 Eec. Sec. Sig., xlix. f. 151. 6 Acts and Decreets, xv. f. 88. 6 Ibid., xx. f. 380. 7 Eec. Sec. Sig., 1. f. 77. 8 Eeg. Mag. Sig. 9 Ibid. 10 Ibid. n Ibid. 12 Exch. Eolls, xviii. 584. RAMSAY, EARL OF DALHOUSIE 95 one of the witnesses, and generally behaved most out- rageously. George Ramsay and his two sons William and James 4 appear and of Olatty ' had to find caution for their good behaviour, a very lenient sentence in the circum- stances. The other parties concerned did not appear, and were accordingly put to the horn.1 In 1567 he joined the association to stand by King James vi., but on the escape of Queen Mary from Lochleven he attached himself to her party, and entered into the bond to support her cause at Hamilton, 8 May 1568. He died 2 December 1580 (testa- ment confirmed 26 June 1581).2 He married Elizabeth Hepburn, a daughter of the Laird of Waughton. She died December 1571 (testament confirmed 25 May 1576).3 By her he had : — 1. JOHN. 2. James, who had, on 24 December 1569, a charter from George Ramsay, the Vicar of Cockpen, of the church lands of Cockpen (confirmed 26 May 1580).4 This is also granted by Mark Ker, Abbot of Newbattle, and was apparently intended as solatium for the killing of the two brothers Ramsay at Pinkie, as stated above. He died November 1580, having married, contract 5 April 1570, Elizabeth, eldest daughter and heir of David Ramsay of Clatto.5 By her he had : — (1) GEORGE, who succeeded to Dalhousie. (2) David, mentioned in his father's will. (3) John, named as one of an assize, in a charter of 29 September 1608. He was not, as most authorities state, the John Ramsay, Viscount Haddington, mentioned below. (4) Elizabeth. It is probably she who was married, contract 30 November 1591, to Thomas Edingtoun of that Ilk, co. Berwick.6 (5) Helen. 3. Alexander, who got from his father the lands of Edglaw, in the barony of Kerintoun, 1560.7 4. William, designed * filius domini de Dalwolsy ' in a gift of the escheat of John of Carkettill 1570.8 He was a burgess of Edinburgh, married Janet Wycht, and had a son William.9 1 P. C. Reg., iii. 109-112. 2 Edin. Tests. 3 Ibid. 4 Reg. Mag. Siy. 5 Ibid., 13 June 1592. 6 Ibid., 23 March 1603. 7 Dalhousie Charters. 8 Ibid. 9 Reg. of Deeds, xiv. f. 419 ; li., 26 November 1595. A John Ramsay, who became the ancestor of the Ramsays of Sweden, 96 RAMSAY, EARL OF DALHOUSIE 5. Margaret, married to Sir John Cranstoun of Crans- toun. 6. Agnes, married to Andrew Riddell of Riddell.1 7. Elizabeth, married to Patrick Broun of Colstoun, contract dated 10 May 1574 ; 2 tocher 3000 merks. 8. Helen, married to James Ramsay of Oockpen. She survived him, and died before 5 May 1598.3 9. Marion, married, first, to James Weir, younger of Blackwood; secondly, before 1598, to William Ban- natyne of Oorehouse. She was, along with her brother George, a party to the marriage-contract of her son George with Margaret, daughter of William Weir of Stonebyres, 13 January 1594-95.4 10. Jean, married to John Kincaid of Warriston, contract 28 January 1571-72 ; tocher 1600 merks. She is not named in her father's testament, but she is referred to as a sister-german of John Ramsay.5 JOHN RAMSAY of Dalhousie was served heir to his father 15 March 1580-81. 6 He had a charter of novodamus of the baronies of Dalhousie, Kerintoun, and Foulden 22 October 1589.7 He died between 30 November 1591, when he was a party to a contract with Thomas Edington of that Ilk respecting the marriage of the latter with his niece Elizabeth,8 and 12 April 1592, when his widow complained to the Council of her cows being carried off by Borthwick of Oollilaw and others.9 He married, contract dated 5 October 1574,10 Marion, eldest surviving daughter of Sir John Bellenden of Auchnoull, Lord Justice-Clerk, who survived him and married Patrick Murray of Falahill,11 Finland, and Russia, and who died in 1657 in his hundredth year, is claimed as the son of George Ramsay. Sir James Ramsay, the famous ' Black Ramsay,' who defended Hanau, is said to have been his son, but erroneously so, as Sir James was almost certainly of the Wyliecleuch family, and a kinsman of John Ramsay, Earl of Holdernesse. There is no evidence that George Ramsay had a second son John, and it is not improbable that John Ramsay of Sweden was of the Wyliecleuch Ramsays, unless he was a son of Nicholas by his second wife. But the year of his birth is variously stated. l Reg. of Deeds, xx. (1) f. 164. 2 Ibid., xiii. 253. 3 Ibid., Ixiv., 6 July 1598. 4 Ibid. ; Beg. Mag. Sig., 10 June 1595. 6 Reg. of Deeds, Ixiv., 6 July 1598. 8 Edin. Retours, 8. 7 Reg. Mag. Sig. 8 Ibid., 13 June 1592. « P. C. Reg., iv. 69. 10 Reg. of Deeds, vii. 121. ll Calendar of Scottish Papers, ii. 88 ; Reg. of Deeds, Ixiv., 6 July 1598. RAMSAY, EARL OF DALHOUSIB 97 but by her he had no issue. He was succeeded by his nephew, I. GEORGE RAMSAY, eldest son of his younger brother James. George Ramsay chose curators on 30 July 1591, when his nearest of kin were John Ramsay of Dalhousie, James Ramsay of Whitehill, James Ramsay of Cockpen, David Ramsay of Olatto, William Ramsay his brother, and Andrew Auchmoutie, burgess of Edinburgh.1 He was, on 19 August 1601, served heir to his great-great-grandfather Sir Alex- ander in the greater half of the lands of Oarnock, co. Fife.2 On 23 February 1593-94 he had a charter from Thomas Edington of the lands of Edington and others, co. Berwick, confirmed 2 March 1593-94.3 On 22 September 1593 he granted the liferent of the dominical lands of Kerintoun and others to Margaret Douglas, only daughter of Sir George Douglas of Helenhill, a brother of the Earl of Morton, and his wife Janet Lindsay, in implement of a contract of mar- riage, and on 2 June 1595 he granted her the liferent of the north half of the lands of Olatto (confirmed 30 July 1612).4 He resigned his lands of Oarnock in favour of John, Lord Lindsay of the Byres, 16 March 1602.5 He had a charter of the lands of Edington on his own resigna- tion, of Olatto on the resignation of his maternal grand- father David Ramsay, and of the kirklands of Kerin- toun on the resignation of Mark, Lord of Newbattle, 23 March 1603.6 He afterwards resigned Olatto in favour of Sir Alexander Gibson of Durie 12 December 1628.7 On 15 November 1614 he had a charter of the barony of Edington from Lady Anna Home, heir-portioner of George, Earl of Dunbar, the Treasurer of Scotland.8 In July 1615 he acquired the barony of Balledmonth for his second son John,9 but afterwards resigned it in favour of Mr. John Young, Dean of Winchester.10 On 25 August 1618 Sir George, who had been knighted previous to 1603, had a royal charter of the barony of Dal- housie on his own resignation, and also of the barony of Melrose on the resignation of John, Viscount of Haddington,11 1 Acts and Decreets, cxxxii. 61. 2 Fife Eetours, 103. 3 Reg. Mag. Sig. 4 Ibid. 6 Ibid. 6 Ibid. 1 Ibid. 8 Ibid. 9 Ibid., 12 September 1615. 10 Ibid., 16 June 1627. n This John Ramsay was not, as is generally stated, the brother of Sir George, but was a son of Robert Ramsay of VOL. III. G 98 RAMSAY, EARL OF DALHOUSIE together with the dignity of a Lord of Parliament under the style of LORD RAMSAY OP MELROSE. He did not hold either the barony of Melrose or the title long ; the former he resigned only a few weeks later in favour of Thomas Hamilton, Lord Binning, afterwards the first Earl of Haddington, reserving to himself the dominium of Melrose, and the barony of Dalhousie, which had been incorporated with the other. As to the title Sir George was dissatisfied with it apparently on the ground that it had no family associations for him, so on 5 January 1619 he had another charter by which the title was altered to the more appro- priate one of LORD RAMSAY OF DALHOUSIE. On 21 January 1616 he had a charter from John, Archbishop of St. Andrews of the lands of Scotscraig and others, which he resigned in favour of John Buchanan and Margaret Hartsyde his wife, by charter dated 15 May and confirmed 25 July 1622.1 He died before 22 July 1629 ; testament con- firmed 22 December 1629.2 By his wife Margaret Douglas, above mentioned, he had :— - 1. WILLIAM. 2. John. As before stated the lands of Balledmonth had been acquired on his behalf, but the original intention had apparently been departed from, as they were sold in 1627,3 and on 19 February 1628 he had a charter from his father of the lands of Edington in implement of the marriage-contract between him and Egidia Kellie, daughter of William Kellie, W.S., and Jean Balloun (confirmed 10 December 1631).4 Her testa- ment as Geills Kello or Ramsay, Lady Idingtown, was confirmed 1 October 1692.5 3. James. 4. David, named 27 July 1622.6 5. Janet, born 8 November 1608.' 6. Margaret, married, on 16 December 1626,8 to William Livingston of Kilsyth; she is styled quondam in Wyliecleuch. He was created, 11 June 1606, Viscount of Haddington ; on 25 August 1615 he was created Lord Ramsay of Melrose, with remainder to his heirs-male and assigns ; this was the Peerage he now assigned to Sir George. He was ultimately created Baron Kingston-upon-Thames and Earl of Holdernesse in the Peerage of England. See title Hadding- ton. Fountainhall's Journal, Scot. Hist. Soc., 206. l Reg. Mag. Sig. 2 Edin. Tests. 3 Laing Charters, 1997. 4 Reg. Mag. Sig. 5 Edin. Tests. 6 Edin. Commissariot Decreets. 7 Edin. Reg. 8 Canongate Reg. RAMSAY, EARL OF DALHOUSIE 99 the marriage settlement of her daughter 30 July 1647.1 II. WILLIAM, second Lord Ramsay, had a Crown charter of the barony of Dalhousie on the resignation of his father 21 July 1612, and one of the lands of Orawfordmure 2 Feb- ruary 1629.2 On 27 June 1633 he was created EARL OF DALHOUSIE, LORD RAMSAY and OARRINGTON, with remainder to his heirs-male.3 He and his son George had a charter of the West Mill of Kirkcaldy 9 May 1645,4 and he had a grant of the sheriffship of Edinburgh 24 October 1646,5 of which he had a ratification in Parliament in 1661. 6 In 1645 James Graham, the son of the great Marquess, who afterwards succeeded his father in the title, being imprisoned in the Castle of Edinburgh, petitioned Parlia- ment to be delivered therefrom on account of the 'pesti- lence* then raging; He was on that account transferred to the custody of the Earl of Dalhousie to be educated. Dalhousie was closely connected with the family — a sister of his wife having married the Marquess.7 While not appearing prominently in the annals of his time, he was a steady supporter of the Crown, and was fined £1500 by Cromwell, a sum afterwards reduced to £400.8 He died November 1672 * a very old man/ 9 He married, first, contract dated3 October 1617, Margaret, daughter of David, first Earl of Southesk, with a tocher of 20,000 merks. She died in April 1661, 10 leaving issue as under. He married, secondly, Jocosa, a daughter of Sir Alan Apsley, Lieutenant of the Tower of London, widow of Lyster Blount, son of Sir Richard Blount of Mapledurham. She died 28 April 1663, and was buried in the Savoy. She had no issue by the Earl of Dalhousie.11 By his first wife the Earl had : — 1. GEORGE, second Earl. 2. John. 3. James. 1 Reg. Mag. Sig. Douglas gives a second wife to Lord Ramsay, called Margaret Ker, but she was the wife of George Ramsay of Wyliecleuch. 2 Reg. Mag. Sig. 3 Ibid. 4 Ibid. 6 Ibid. 6 Acta Parl. Scot., vii. 347. 7 Ibid., vii. pt. i. 465. 8 Ibid., vi. pt. ii. 846. 9 Fountainhall's Session Occurrents, Scot. Hist. Soc., 221. 10 Hist, of the Ca.rnegics, Earls of Southesk, i. 122. n Pennant's London, 127. 100 RAMSAY, EARL OF DALHOUSIE 4. Captain William, styled second son in 1679.1 He had issue a son, Cornet William Ramsay.2 5. Anne, married, first (post-nuptial contract dated 4 November 1644), to John Scrimgeour, Earl of Dundee ; he died without issue 23 June 1668, and she was married, secondly, to Sir Henry Bruce of Clackmannan.3 6. Marjory, married to James Erskine, Earl of Buchan]; secondly, to James Campbell, minister of Auchter- house, afterwards of Lundie,4 at one time her chaplain. 7. Magdalen, died unmarried. III. GEORGE, second Earl of Dalhousie. He was of age|in 1643, as he concurs with his father in an assignation of that date.5 He had a charter along with his father of the West Mill of Kirkcaldy 9 May 1645.6 On 16 August 1647 he had a charter of part of the lands of Abbotshall, co. Fife, to himself and his wife, and of the barony of Dalhousie and other lands to himself,7 and on 13 October 1664 a charter of the lands of Oarrington.8 He died before 8 May 1674, when his son was served heir to him. He married, contract dated 10 December 1644, Anne, second daughter of John, second Earl of Wigtoun, and widow of Robert, seventh Lord Boyd, who had died 1640 ; by her, who died 20 April 1661 9 he had issue :— 1. WILLIAM, third Earl of Dalhousie. 2. John, a captain in the Scots Dutch 1694.10 He married a lady whose name is said to have been Sinclair, and had by her at least one son. WILLIAM, afterwards sixth Earl of Dalhousie. 3. George Ramsay of Carriden. He also took service with the Dutch, like so many other young Scotsmen of the time. He joined the service in 1676, became sergeant-major 13 April 1685, lieutenant-colonel 10 September 1689, and commanded Colonel Wauchop's regiment of Foot when it took part in the Scottish 1 Eeg. Privy Seal, iii. 261. 2 P. C. E. Acta, 27 May 1690. 3 Lamont's Diary. 4 Gen. Reg. Inhibitions, 5 July 1666 ; Privy Council Deer eta, 3 January 1684. 5 Eeg. Mag. Sig., 1 March 1643. 6 Ibid. 7 Ibid. 8 Ibid. 9 Lamont's Diary. 10 Scots Brigade in Holland, i. 512 ; ii. 19. RAMSAY, EARL OF DALHOUSIE 101 campaign of 1689. He was present at the battle of Killiecrankie. He was a brigadier 1 January 1690, left the Dutch service and came over to England, where he was made colonel of the Scots Guards 1 September.1 In 1702 he was raised by Queen Anne to the rank of lieutenant-general, and made Com- mander-in-chief in Scotland. He is described as * a gentleman of a great deal of fire and very brave ; of a sanguine complexion, well shaped, a thorough soldier, and toward fifty years old.' He was buried in Cockpen Church 12 September 1705, having had by his wife, a Dutch lady of the name of Buckson, a daughter, Jean, who died shortly after her father.2 4. Robert, testament confirmed 23 January 1678.3 5. Jean, married first to George, tenth Lord Ross, who died 1682 ; and secondly, to Robert, second Viscount of Oxenfurd. 6. Anne, married to James, fifth Earl of Home, without issue. 7. Euphame, married, 11 September 1679, to John Hay, Esquire. IV. WILLIAM, third Earl, succeeded his father 1674 ; he was appointed captain of the militia of the county of Edinburgh 1678, a Privy Councillor 28 February 1682, and Sheriff of Edinburgh the same year, shortly after receiving which appointment he died. He married Mary Moore, second daughter of Henry, first Earl of Drogheda : after his death she was married, secondly, before 10 April 1683,4 to John, second Lord Bellenden, and thirdly, to Samuel Collins, M.D., and survived till 17 March 1725. By her he had issue : — 1. GEORGE, fourth Earl of Dalhousie. 2. WILLIAM, fifth Earl. 3. James, a colonel in the army, killed at the battle of Almanza in Spain. 4. Elizabeth, born about 1679, married,5 3 February 1 Dalton's Army Lists, iii. 3. 2 Test, confirmed 24 July 1708, Edin. Tests. ; Services of Heirs. 3 Edin. Tests. 4 Fifteenth Rep. Hist. MSS. Com., App. viii. 5 Licence Fac. Off. 102 RAMSAY, EARL OF DALHOUSIE 1696-97, to Francis, second Lord Hawley, and died February 1712. V. GEORGE, fourth Earl, was under age at his father's death. The Earl of Perth, then Chancellor, exerted him- self, it is said, to get the lad sent to the Roman Catholic College at Douai, but without success.1 The Earl is stated to have been killed by a Mr. Hamilton in Holland in 1696, unmarried. VI. WILLIAM, fifth Earl, succeeded his brother. He took his seat in Parliament 24 October 1700. 2 Appointed Sheriff- Principal of Edinburgh 24 February 1703. He was a steady supporter of the Crown: he was colonel of the Scots Guards in the forces sent to the assistance of the Archduke Charles in his competition for the Crown of Spain, had the rank of a brigadier-general 1 January 1710, and died, un- married, in Spain in the following October. He left a will disposing of his honours and his estates to his sister, Baroness Hawley, but this was proved invalid, and she only got his personal property. On his death the succession opened to his first cousin once removed, VII. WILLIAM, sixth Earl of Dalhousie, son of Captain John Ramsay. Captain Ramsay was the second son of the second Earl. William, who now succeeded, was a colonel in the Army, and was served heir to his predecessor 9 February 1711. He died at Dalkeith 8 December 1739 in the seventy-ninth year of his age, and was buried at Cock- pen. He married, first, Jean, daughter of George, Lord Ross, and Jean Ramsay, and, secondly, Janet Martin. By his first wife he had issue : — 1. GEORGE, Lord Ramsay. 2. Charles Frederick, died at Birr, in Ireland, January 1790,3 4 at an advanced age,' s.p. 3. Malcolm, died s.p. 4. Anne, died, unmarried, at Edinburgh, 20 November 1739. 5. Jean, died, unmarried, at Dalhousie, 26 December 1769.4 1 Fountainhall's Memoirs. 2 Acta Parl. Scot., x. 196. 3 Scots Mag. 4 Ibid. RAMSAY, EARL OF DALHOUSIE 103 VIII. GEORGE, Lord Ramsay, died vita patris at Dal- housie 25 May 1739.1 He married (contract 9 November and 16 November 1726) 2 Jean, second daughter of the Hon. Harry Maule of Kelly, brother of the fourth Earl of Pan- mure. She married, secondly, John Strother Kerr of Little- dean, and died at Fowberry, Northumberland, 27 April 1769.3 By her first husband she had, besides four other sons who died young : — 1. CHARLES, seventh Earl of Dalhousie. 2. GEORGE, eighth Earl of Dalhousie. 3. Malcolm, an officer in the Royal Scots Fusiliers from 1761 to 1777, when he got a majority in the 83rd Foot. He became a lieutenant-colonel, and had the office of Deputy Adjutant-General in Scotland. He died un- married at Edinburgh 18 July 1783.4 IX. CHARLES, seveath Earl of Dalhousie, succeeded his grandfather 1739, was appointed captain in the 3rd Regi- ment of Foot Guards, with the rank of lieutenant-colonel in the Army, 22 December 1753, and died, unmarried, at Edin- burgh, 24 January 1764.5 X. GEORGE, eighth Earl of Dalhousie, became a member of the Faculty of Advocates 1757, and succeeded his brother in 1764. He was appointed, 25 February 1775, one of the Lords of Police, which he held till the suppression of that Board in 1782. He was Lord High Commissioner to the General Assembly of the Church of Scotland from 1777 to 1782, and was elected a Representative Scottish Peer in 1774, 1780, and 1784. On the death of his uncle William, Earl of Panmure, in 1782, the large estates of that family devolved on him, by will, in liferent, with remainder to his second son. He died at Abbeville, in France, 4 November 1787. He married, at Edinburgh, 30 July 1767, Elizabeth, daughter of Andrew Glen of Longcroft, co. Linlithgow,6 and by her, who died in St. Andrew Square, Edinburgh, 17 Feb- ruary 1807, aged sixty-eight, and was buried at Cockpen, had issue : — 1. GEORGE, ninth Earl of Dalhousie. 1 Scots Mag. 2 Eeg. de Panmure, ii. 354. 3 Ibid. 4 Ibid. 6 Burke says June ; test, confirmed 18 Feb. 1767 ; Edin. Com. ° Edin. Com. 104 RAMSAY, EARL OF DALHOUSIE 2. William, born 27 October 1771 ; succeeded to the Pan- mure property on his father's death; changed his name and arms to those of Maule ; was created Baron Panmure by patent of 10 September 1831 ; his eldest son Fox ultimately became eleventh Earl of Dal- housie. 3. James, born 4 October 1772 ; was lieutenant 71st Foot 1789, captain 2nd Foot 1793, and a major in the same regiment 1797. He served in the West Indies, Ireland, Holland, and Egypt ; became a lieutenant-colonel in 1802, and commanded his regi- ment in Spain under Sir John Moore in 1808. He died, unmarried, 15 November 1837. 4. John, born 21 April 1775 ; was a lieutenant in the 57th Foot in 1743; a captain, and afterwards major, in the Marquess of Huntly's Regiment ; accompanied the expedition to Holland in 1799, and was wounded there. He was also wounded in the Egyptian campaign of 1807. He went on half-pay in 1804, and became Assistant Quartermaster-general in Scotland; and ultimately became a lieutenant- general, and second on the Indian Staff. He died 28 June 1842, having married, 19 April 1800, Mary, daughter of Philip Delisle of Calcutta; she died 28 October 1843, having had issue by her husband : — (1) William Maule, born 20 May 1804, a major-general Bengal army ; died 13 December 1871. (2) GEORGE, twelfth Earl of Dalhousie. (3) James, born 3 October 1808 ; a major-general Bengal army ; married, 3 February 1840, Hariet Charlotte, daughter of W. H. Burl ton Bennet, B.C.S., and died 26 December 1868, leaving issue. '4) Andrew, born 7 September 1809. 5) John, born 24 January 1811 ; a lieutenant-colonel H.E.I.C.S. ; married, 28 December 1852, Kate Sinclair, daughter of David Laing of Thurso, and died s.p. 23 August 1856 ; his widow died 18 April 1880. (6) David, born 14 July 1812. (7) Sir Henry, K.C.S.L, C.B., born 25 August 1816; general in the Bengal army ; married, 11 November 1850, Laura, daughter of Sir Henry Lushington, Bart., and died 16 December 1893, leaving issue. (8) Robert Anderson, born 5 February 1820 ; a lieutenant-colonel in the Army ; died unmarried 5 November 1897. (9) Georyina, born 28 February 1803. (10) Elizabeth, born 11 September 1806. RAMSAY, EARL OF DALHOUSIE 105 (11) Mary, born 13 January 1814. (12) Anne Finlay Anderson, born 9 February 1815 ; married, 15 June 1848, Colonel David Ewart, Bengal Artillery. He died 1880, and she died 13 May 1891. (13) Christian Dalhousie. (14) Maud, born 16 February 1824. 5. Andrew, born 6 May 1776 ; married, 20 January 1800, Rachel, daughter of James Cook l of Rampore, Benares. He died 2 April 1848, leaving issue by his wife, who died 14 June 1856. 6. Henry, in the naval service of the East India Com- pany. He died from the effects of an operation fol- lowing on a wound received in the hand in a duel with a brother officer, 24 July 1808. He was un- married. 7. David, born 27 December 1782. A captain in the 1st Foot; died of yellow fever in the East Indies, unmarried, 5 September 1801. 8. Jane, born 20 May 1768, died at Dalhousie 11 Septem- ber following. 9. Elizabeth, born 6 September 1769 ; married, 13 April 1786, to Sir Thomas Moncrieffe, Bart., and died 13 June 1848, leaving issue. 10. Lueinda, died 15 June 1812. 11. Georgina, born 1 February 1779 ; died 17 May 1794.2 12. Mary, born 21 June 1780 ; married, 29 April 1801, to James Hay of Drum, co. Edinburgh. He died 12 October 1822 ; she died 1 April 1866. XI. GEORGE, ninth Earl of Dalhousie, born 23 October 1770 ; entered the 3rd Dragoon Guards 1788 ; captain in the Royals 1791 ; major in the 2nd Foot 1792, and lieutenant- colonel 1794. He commanded this regiment in the West Indies 1795, in Ireland 1798, in Holland 1799, and in the Egyptian campaign of 1801. He attained the rank of major-general in 1809, and general in 1830. He com- manded the Seventh Division of the British Army in the Peninsular War, and was present at the battle of Waterloo. He was colonel of the 25th Regiment 1813; a Repre- sentative Peer of Scotland from 1796 to 1815. In the latter year he was raised from being a Knight of the Bath, 1 Burke says Cock. 2 Scots Mag. 106 RAMSAY, EARL OF DALHOUSIE which honour he had held from 1813, to a Grand Cross of the Order on the institution of that rank. In 1816 he was appointed Lieutenant-Governor of Nova Scotia ; and from 1819 to 1828 he was Governor of Canada, Nova Scotia, and adjacent colonies. From 1829 to 1832 he was Commander- in-chief in India. In 1830 he was elected Captain-General of the Royal Company of Archers, the King's Bodyguard for Scotland, an office which he held till his death. He presented to the Company during his tenure of office a handsome Indian sword, the scabbard and hilt being richly studded with jewels. This is still competed for annually as a prize.1 On 11 August 1815 he was created BARON DALHOUSIE OF DALHOUSIE CASTLE in the Peerage of the United Kingdom. He died 21 March 1838.2 He married, 14 May 1805, Christian, daughter and heiress of Charles Broun of Coalstoun, and by her, who was born 28 February 1786, and died 22 January 1839, he had issue :— 1. George, Lord Ramsay, born 3 August 1806 at Dal- housie ; was captain 76th Foot ; and died vita patris, unmarried, 25 October 1832. 2. Charles, born 20 October 1807, died 8 July 1817. 3. JAMES ANDREW, tenth Earl. XII. JAMES ANDREW, tenth Earl of Dalhousie, was born 22 April 1812; educated at Harrow and Christ Church, Oxford. He unsuccessfully contested Edinburgh at the Parliamentary election ol 1835, but was elected for Had- dington in 1837. He did not retain his seat long, being removed to the Upper House on the death of his father in the following year. He was appointed Vice-President of the Board of Trade and a Privy Councillor 10 June 1843 ; President of the Board of Trade 5 February 1845 to 6 July 1846. He also got the post of Captain of Deal Castle in March 1845, and that of Lord Clerk Register of Scot- land 12 December 1845. In 1847 he was offered the Governor-Generalship of India, and was sworn in to that office 12 January 1848, being then thirty-four years of age, the youngest man who ever held the appointment. His brilliant career as Governor-General cannot be entered on in detail. It was chiefly characterised by the annexation 1 History of the Royal Company of Archers, 197. 2 See Scott's Journal^ ii. 93, for a fine tribute to his memory as an old schoolfellow. RAMSAY, EARL OP DALHOUSIE 107 of the large territories of the Punjab, Lower Burmah, and Oudh, by the development of state-aided railways, the introduction of telegraphs, the reform of the postal system, and many other useful measures. The Earl was created a Knight of the Thistle 12 May 1848 ; and on 29 August 1849, he having received the thanks of Parliament, was created MARQUESS OP DALHOUSIE, of Dalhousie Castle and of the Punjab. He was made Constable of Dover Castle and Lord Warden of the Cinque Ports 13 January 1853. He held the office of President of the Council of the Royal Company of Archers from 1848 to a few months before his death, and attained the rank of lieutenant-general in that body, of which he was a very popular and esteemed member. He returned home from India in May 1856, much broken in health by his long and continuous labours in the service of the State, and was immediately voted a pension of £5000 a year by the East India Company. The mutiny of the following year, for which, in some quarters, his administration was unjustly blamed, tended still further to aggravate his bad health, as he was unable to do what he might otherwise have done in helping the Government in their serious difficulty. He did not long survive, dying at Dalhousie 19 October 1860, when his honours of the United Kingdom became extinct. He married, 21 January 1836, Lady Susan Hay, eldest daughter of the eighth Marquess of Tweeddale. She died 4 May 1850, and had issue :— 1. Susan Georgiana, born 9 January 1837; married, 21 November 1863, Hon. Robert Bourke, afterwards Lord Connemara, from whom she obtained a divorce, 27 November 1890. She married, secondly, 10 October 1894, Surgeon Lieutenant-Colonel William Hamilton Briggs, who afterwards assumed the name of Broun, and died 22 January 1898. 2. Edith Christian, born 6 October 1839; married, 9 August 1859, Sir James Fergusson of Kilkerran, Bart., and died 28 October 1871. He was succeeded by XIII. Fox MAULE, eleventh Earl of Dalhousie, and second Baron Panmure. He was the eldest son of William Ramsay, the immediate younger brother of George, ninth Earl, and who, as above mentioned, had been created Baron Pan- 108 RAMSAY, EARL OF DALHOUSIE mure. He was born 22 April 1801 ; was educated at Charterhouse, and entered the Army, serving for twelve years in the 79th Highlanders. He sat in Parliament for the county of Perth 1835-37; for the Elgin Burghs 1838-41 ; and for the county of Perth again 1841-47. He was Under-Secretary for the Home Department 1835-41 ; Vice-President of the Board of Trade June to September 1841 ; Secretary of State for War 1846-52. After being President of the Board of Control for a few weeks in Feb- ruary 1852, he was again Secretary for War 1855-58. He was appointed a Privy Councillor in 1841 ; was elected Lord Rector of the University of Glasgow 1842; became Lord-Lieutenant of Forfarshire 1849; and Keeper of the Privy Seal of Scotland 1853. He was made a K.T. in 1853, and received the Grand Cross of the Bath (Civil Division) in 1855. He assumed the name of Ramsay after that of Maule in 1861. He married, 4 April 1831, Montagu, eldest daughter of George, second Lord Abercromby, who was born 25 May 1807, and died 11 November 1853. He died s.p. 6 July 1874, when the barony of Panmure became extinct, but his other titles devolved on XIV. GEORGE, twelfth Earl of Dalhousie, who was second but eldest surviving son of John Ramsay, fourth son of the eighth Earl. He was born 26 April 1805, and entered the Navy. He saw active service in the Baltic in 1855, was superintendent of Pembroke dockyard 1857-62, Commander- in-chief on the South American station 1866-69. In the last-mentioned year he became vice-admiral, and in 1875 admiral. He was made O.B. in 1856, and on 12 June 1875 was created BARON RAMSAY OF GLENMARK, in the county of Forfar, in the Peerage of the United Kingdom. He died 10 July 1880, having married, 12 August 1845, Sarah Frances, only daughter of William Robertson of Logan House, and by her (who died 1 May 1904) had issue : — 1. JOHN WILLIAM, thirteenth Earl. 2. George Spottiswood, lieutenant R.A., born 29 October 1848, died 1873. 3. Arthur Dalhousie, born 6 July 1854, died 5 December 1857. 4. Charles Maule, born 29 January 1859 ; was a lieutenant RAMSAY, EARL OF DALHOUSIE 109 in the R.A., and sat in Parliament for the county of Forfar 1894-95, married, 28 May 1885, Martha Estelle, who died 18 July 1904, daughter of William R. Garrison of New York. XV. JOHN WILLIAM, thirteenth Earl of Dalhousie, and second Baron Ramsay of Glenmark, was born 29 January 1847, entered the Navy, in which he served till 1879, attain- ing the rank of commander. Sat in Parliament for Liverpool from March to July 1880, when he succeeded to his father's title. He was a Lord-in-waiting 1880-85, and Secretary for Scotland March to August 1886. He died at Havre, on his return from a tour in the United States, 28 November 1887, having been predeceased the previous day by his wife (married 6 December 1877), Ida Louisa, second daughter of Charles, sixth Earl of Tankerville. By her he had issue : — 1. ARTHUR GEOR»E MAULE, fourteenth Earl. 2. Patrick William Maule, born 20 September 1879 ; an attache in H.M. Diplomatic Service. 3. Alexander Robert Maule, born 29 May 1881 ; a lieutenant in the Royal Navy. 4. Ronald Edward Maule, lieutenant Scots Guards, and 5. Charles Fox Maule, twins, born 5 March 1885. XVI. ARTHUR GEORGE MAULE, fourteenth Earl of Dal- housie, and third Baron Ramsay of Glenmark, was born 4 September 1878. Educated at Eton and University College, Oxford. He served as a lieutenant in the Scots Guards in the South African War 1901-2. Married, 14 July 1903, Mary Adelaide Heathcote Drummond Willoughby, youngest daughter of Gilbert, first Earl of Ancaster, and has issue : — 1. John Gilbert, Lord Ramsay, born 25 July 1904. CREATIONS.— Lord Ramsay of Melrose 25 August 1618, altered to Lord Ramsay of Dalhousie, 5 January 1619 ; Earl of Dalhousie and Lord Ramsay of Keringtoun 27 June 1633 ; all in the Peerage of Scotland. Baron Dalhousie of Dalhousie Castle 11 August 1815; Marquess of Dalhousie of Dalhousie Castle and of the Punjab 12 May 1848; Baron Ramsay of Glenmark, in the county of Forfar, 12 June 1875 ; all in the Peerage of the United Kingdom. 110 RAMSAY, EARL OF DALHOUSIE ARMS. — Argent, an eagle displayed sable, beaked and membered gules. CREST. — A unicorn's head couped at the neck argent, armed, maned, and tufted or. SUPPORTERS. — Dexter, a griffin argent, sinister, a grey- hound argent, collared gules, charged with three escallops of the first. MOTTO. — Ora et labora. [J. B. P.] DELORAINE BNBY SCOTT, second sur- viving son of James, Duke of Monmouth and Buccleuch, and Anna, Duchess of Buccleuch (see that title) and Mon- mouth, was born 1676. He was created by Queen Anne, by patent dated 29 March 1706 to himself, and his heirs-male to be born, EARL OF DELO- RAINE, VISCOUNT OP HERMITAGE, and LORD GOLDILANDS.1 This patent was read in Parliament 3 Oct. 1706, and ordered to be recorded, whereupon he took the oaths and his seat, and steadily supported the Union, which was concluded that Session. His mother provided £20,000 for his estates, for which cause, and as he seems to have been of an extravagant nature, she left him but five pounds by her will. Dr. Young, the author of Night Thoughts, describing a fop, says— ' He only thinks himself, so far from vain ! Stanhope in wit, in breeding Deloraine.' He had the command 2 of a regiment of Foot conferred on aim 1707, which was disbanded at the Peace, 1712; was appointed colonel of the second troop of Horse, Grenadier 1 Scotts of Buccleuch, ii. 324-326. 2 The following dates and facts and others not otherwise vouched for are from Wood's Douglas, where there is a good account, evidently from very reliable sources, as will be seen by comparing it with the references given in this article. 112 DELORAINE Guards, 1 June 1715; colonel of the 3rd Regiment of Horse 9 July 1730; and had the rank of major-general in the Army. He was chosen one of the sixteen Represen- tatives of the Scottish Peerage at the general election 1715 ; re-chosen 1722, and 1727 ; he was also Gentleman of the Bedchamber to King George i. ; and was made K.B. in 1725. He died in his fifty-fifth year, 25 December 1730, and was buried at Leadwell, in Oxfordshire.1 He married, first, Anne, daughter and heiress of William Duncombe of Battlesden, Bedford, one of the Lords Justices of Ireland. She died 22 October 1720.2 Secondly, 14 March 1726, Mary, daughter of Charles Howard, grandson of Thomas, first Earl of Berkshire,3 who was married, secondly, April 1734, to William Wyndham of Ersham, Norfolk. She, who was well-known as one of the favourites of King George n., and was governess to two of his daughters,4 died in London 12 November 1744,5 and was buried at Windsor. Her will is signed ' Mary de Loraine,' dated 6, and proved 19 November 1744.6 He had issue by both marriages. By the first : — 1. FRANCIS, his successor. 2. Henry, third Lord Deloraine. 3. Anne, died an infant. By his second : — 4. Georgina Caroline, born February 1727 ; married, 19 August 1747, to Sir James Peachey of Westdean, Sussex, Bart., Master of the Robes to the King. Created Baron Selsey 13 August 1794. He died, aged eighty-five, 25 January 1808.7 She died in Berkeley Square, London, 13 October 1809, leaving issue. 5. Henrietta, born 1728 ; married to Nicholas Boyce, Esq. II. FRANCIS, second Earl of Deloraine, succeeded his father ; born 5 October 1710 ; was a cornet of Horse, and resigned his commission in 1731 ; died without issue at Bath 11 April 1739 ; 8 married, first, 29 October 1732, Mary, 1 Scotts of Buccleuch, pedigree, v. 1. 2 Hist. Register Chronicle, 46. 3 Complete Peerage. 4 Vide Horace Walpole's Letters. 5 Gentleman's Mag., 619. 6 Complete Peerage. 7 Scots Mag. 8 Wood's Douglas. DELORAINE 113 daughter of Matthew Lister of Burwell, co. Lincoln, widow of Thomas Heardson of Claythorpe.1 She died 16 June 1737, in her twenty -third year,2 and was buried in the Cathedral of Lincoln. He married, secondly, July 1737, Mary, daughter of Gervase Scrope of Oockerington, co. Lincoln, who died at Lincoln, 11 March 1767, having married, secondly, Thomas Vivian. III. HENRY, third Earl of Deloraine, succeeded his brother ; born 11 February 1712 ; captain Royal Navy, com- manded the Seaford man-of-war in the Mediterranean. On his succession he returned home, but died in his coach at Acton, before he reached London, 31 January 1740.3 He married Elizabeth, daughter of John Fenwick, and by her, who survived him more than fifty-four years, and died in Upper Brook Street, London, 5 June 1794,4 had issue : — 1. HENRY, who succeeded. 2. John Scott, born 6 October 1738 ; admitted of Benet College, Cambridge 1744; was a Councillor-at-Law and Commissioner of Bankrupts. He died in Gray's Inn, London, 31 December 1788,5 having married in 1757 Isabella Young. She died in Kennington Lane, Vauxhall, London, 17 August 1791, 6 having had a son, John Scott, who died in America in 1779. 7 IV. HENRY, fourth Earl of Deloraine, succeeded his father. He was born 8 February 1737. He was in the early part of his life 4 extremely conspicuous in the circles of fashion, where, having dissipated a fine estate, he, in middle age, secured from the wreck of his fortune an annuity of £1000 per annum, on which he lived afterwards very privately.'8 He had a pension from the Crown of €300 a year.9 He married, at St. Anne's, Soho,10 London, 16 November 1763,11 Frances, daughter of Thomas Heath of Stanstead, Essex, widow of Henry Knight, eldest son of Robert, Lord Luxborough, but had no issue. But the 1 Lincolnshire Pedigrees, Harl. Soc., 597. 2 Ibid. 3 Gentleman's Mag. ; Scots Mag. 4 Scots Mag., 6 June. 5 Ibid. 6 Ibid. 7 Wood's Douglas. 8 Ibid. 9 Scots Mag., liv. 605. 10 Complete Peerage. n Scots Mag. VOL. III. H 114 DELORAINE marriage was not a happy one.1 She separated from him, and withdrew to a convent in France, where she died in 1782. He died in Charlotte Street, Portland Place, London, 10 September 1807,2 when his titles became extinct. CREATION. — 29 March 1706, Earl of Deloraine, Viscount of Hermitage and Lord Goldilands. ARMS. — There is no official record of Lord Deloraine 's arms, but in a volume published in 1720 3 they are given as : Or, a bend azure charged with a star between two crescents of the field ; a crescent for difference. [A. F. s.] 1 Vide Journals of Lady Mary Coke, i. 32. 2 Scots Mag. 3 Rudiments of Honour ; London, 1720. KEITH, LORD DINGWALL OBERT KEITH, imme- diate younger brother of William, fourth Earl Marischal (see that title), became Commendator of the Abbey of Deer. He died in Paris 12 June 1551, and was buried before the altar of St. Ninian, in the Church of the Carmelites, in the Place Maubert.1 He left an illegitimate son, SIR ANDREW KEITH of Forsa, who was for eighteen years in the service of the King of Sweden. James vi. at last wrote that monarch asking him to allow Keith to return home.2 He was on 18 March 1583-84 created LORD DINGWALL, with remainder to the heirs-male of his body, whom failing, to his nearest and lawful heirs-male whatsoever. The patent itself is not in existence, but it is recited in a ratification by Parliament of 22 May 1584.3 On 3 August 1587 he had a charter of novodamus of the Castle of Dingwall, together with other lands, formerly erected into a free lordship and barony, and confirming him anew in the title of a Lord of Parliament: the remainder, however, was altered to his heirs-male and assigns.4 He was appointed one of the ambassadors for arranging the marriage of King James vi., 1 Dempster, Hist. Eccl. Gent. Scot., lib. x. 423. 2 See Letter in Eraser's Earls of Haddington, ii. 52. 3 Acta Parl. Scot., in. 324. * Reg. Mag. Sig. 116 KEITH, LORD DINGWALL and in this capacity he made six voyages between Scot- land and Denmark. For his services he got a charter of confirmation of his lordship, on his own resignation, 24 Nov- ember 1591, with remainder to his heirs-male and assigns,1 a charter which was ratified by Parliament on 5 June 1592, together with a pension of £1000 per annum, for life, originally conferred on him under the Privy Seal 6 March 1588-89, and confirmed by another letter under the Privy Seal of 8 January 1591-92. He sat on the assize for the trial and forfeiture of the Earl of Bothwell in 1589. Lord Dingwall being, so far as is known, unmarried, resigned the lands, lordship, and barony of Dingwall in favour of Sir William Keith of Delny, Master of the King's Wardrobe, who had a charter of these lands 22 January 1592-93, re- serving Lord Dingwall's liferent.2 The title, however, does not appear to have gone with the lands, as Sir William, who died between 1594 and 4 April 1603,3 is never styled Lord Dingwall. The Dingwall property was acquired in 1608 from John Keith of Ravenscraig by Lord Balmerino." The date of Lord Dingwall's death is not known, but the title was extinct before 1606, as it does not appear in the Decreet of Ranking of the Peers in that year ; and Sir Richard Preston was created Lord Dingwall in 1609. (See following article.) ARMS.— The following arms are given for Lord Dingwall in the Seton Armorial : 5 — Quarterly : 1st and 4th, Argent, a chief paly of six gules and or ; 2nd and 3rd, Gules, a lion rampant argent. CREST. — A deer's head couped (proper) attired azure. SUPPORTERS. — Dexter, a stag proper; sinister, a wolf proper. MOTTO. — Memento Creatorem. [J. B. P.] 1 Eeg. Mag. Sig. 2 Ibid. 3 Ibid. 4 Ibid., 24 September 1608. 6 Now in possession of Mrs. Harnilton-Ogilvy of Beil : see Heraldry in Relation to Scottish Art, by Sir James Balfour Paul, p. 200. PRESTON, LORD DINGWALL RESTON is a surname found widely distributed both in England and Scotland. In the latter country it occurs so far back as circa 1240-50, when Lyulph, son of Lyulph de Preston, had a charter from John Albus of a piece of land in Linlithgow, which he made over to the Abbey of Newbattle.1 In 1296 Henry, Nicol, and William Preston, all of Edinburgh, did homage to Edward i.2 Nicolis stated by Nisbet3 to have been the ancestor of the Craigmillar family, but the first authentic ancestor who can be traced is SIR JOHN DE PRESTON, Knight. He was taken prisoner at the battle of Durham 17 October 1346, and was imprisoned for a long time in the Tower of London.4 In 1348 he is said to be in possession of the rents of the lands of Balhelvy Bonevyle.5 He witnessed a charter of Patrick Ramsay of Dalwolsy in 1357 8 and other deeds later. He had from King David n. charters of the lands of Gorton, co. Edin- burgh, and others ; he was an ambassador for a treaty with England in 1360, and again in 1361, 7 and in the latter year 1 Chart. ofNewbotle, 149-150; cf. Fraser's Melmlles, i. 13. 2 Cal. of Docs., ii. pp. 201, 210. 3 Heraldry, ii. App., Ragman Roll, 34. 4 Dalrymple's Annals, iii. ; Rymer's Fcedera, v. 534. 5 Exch. Rolls, i. 543. 6 Chart, of Newbotle, 309. 7 Fcedera, vi. 207, 308; Exch. Rolls, ii. 77. 118 PRESTON, LORD DINGWALL he was paid £20 for the construction of a well and other operations in the Castle of Edinburgh.1 His son, SIMON DE PRESTON, styled 'filius et haeres apparens Domini Johannis,' witnessed a charter of donation to the Monastery of Newbattle I860.2 As burgess of Edinburgh he witnessed a charter of the lands of Oraigcrook in 1362, and as Sheriff of Edinburgh and Sheriff of Lothian he wit- nessed two charters 13 January 1365-66 and 13 February 1367-68.3 On 22 February 1373-74 he had a charter from King Robert n. of the lands of Oraigmillar on the resigna- tion of William de Oapella, and on 7 March 1374-75 he resigned his lands of Eroly (Airlie) in favour of the latter.4 He is said to have had, with other children : — 1. Simon, who witnessed a donation of the Abbey of Dunfermline, wherein he is designed filius Simonis, in the reign of Robert in.5 2. Sir George, who carried on the line of Oraigmillar. His son John Preston died before 1421, leaving a son, William, who was placed under the tutory of Archibald Preston, his cousin and nearest heir, who was then above twenty- five years of age.6 3. Andrew,1 said to have been the ancestor of the Prestons of Whitehall, but the earliest progenitor of that family who can with certainty be traced was THOMAS PRESTON ,8 who on 18 May 1480 had a charter of feu-farm from James Preston, chaplain and minister of the Hospital of St. Mary Magdalene, of the lands of Magdalen 1 Exch. Rolls, ii. 83. 2 Chart, of Newbotle, 359. 3 Eeg. Mag. Sig., folio vol. 59, 137. 4 Ibid., 100, 139. 5 Chart. Dunfermline, 337. 6 Reg. Mag. Sig., MS. lib. iii. No. 77. 7 Wood's Douglas's Peerage, i. 414. 8 Thomas may have been the son of the Archibald referred to in 1421 as cousin and next heir of William Preston of Craigmillar, and that Archibald was perhaps the son of Andrew, certainly the nephew or cousin (most probably the latter) of William's father John. The relationship of cousin to John and grandson of Simon would agree with the relationship stated in the retour of 1640 afterwards cited. An Archibald Preston, who may be the same, appears as a King's esquire in the Exchequer Rolls between 1434 and 1460. A Thomas Preston, a bailie of Edinburgh, is also named, who maybe identical with the Thomas who in 1480 had a charter of Whitehill, evidently towards the close of his life. PRESTON, LORD DINGWALL 119 and Whitehill (now New Hailes).1 He died before 11 October 1483, leaving a widow Alison.2 He had a son, ARCHIBALD, who is mentioned in connection with the brieves of inquest for serving him heir of Thomas, his father, on certain lands (not specified) in Perthshire, 1 March 1491-92 3 and 16 May 1492.4 As Whitehill is close to Musselburgh, it is probable that he was the Archibald Preston who was elected Clerk of that parish 8 September 1491. 5 He was in litigation about the lands of Cousland, over which he and his sister claimed some right.6 As Archibald Preston of Whitehill he appears as a witness 1 March 1504-5. 7 He had sasine of subjects in Edinburgh 5 June and 13 August 1511 and 27 January 1511-12.8 He had a wadset of some lands from George, Earl of Rothes, in 1509.9 He left at least one son, THOMAS, who was infeft as heir of his father Archibald in the above-mentioned subjects in Edinburgh 6 October 1523, and Christian Seton, his wife, had sasine of part of them on the same day.10 He had a charter similar to that granted to his grandfather from the above - mentioned James Preston, with consent of the Archbishop of St. Andrews and Abbot of Dunfermline, of the lands of Mag- dalen and Whitehill, 16 January 1527-28.11 He had two sons : — 1. RICHARD.12 2. Archibald, his brother, named in 1550.13 RICHARD, his son and heir, got a precept of clare constat from Henry Preston of the said lands of Whitehill, 25 April 1532.14 His name occurs on 28 January 1547-48.15 He witnessed a charter of Simon Preston of that Ilk, 8 February 1549-50.16 He married Helen, daughter of Alan Coutts of Bowhill, who survived him, and died October 1 Whitehill Writs. 2 Acta Auditorum, 115. 3 Acta Dom. Cone., 217-218. 4 Protocol Book of J. Young, Canongate. 6 Ibid. 6 Acta Dom. Cone., 405. 7 Protocol Book of J. Fowler, Edinburgh. 8 Ibid. 9 Hist. Records of the Family of Leslie, ii. 40. 10 Protocol Book of Vincent Strathauchin, Edinburgh. n Whitehill Writs. 12 Mem. Earls of Haddington, ii. 262. 13 Ibid. u Whitehill Writs. 15 Protocol Book of J. Stevenson, Edinburgh. 16 Reg. Mag. Sig., 20 March 1549-50. 120 PRESTON, LORD DINGWALL 1575.1 Richard Preston died October 1571, leaving three sons : — 1. JOHN, 2. James, both mentioned in their father's will.2 3. RICHARD, of whom after. 4. Elizabeth, referred to in 1601. (See next page.) JOHN PRESTON of Whitehill had a precept of dare constat from Mr. Alexander Orichton, Preceptor of the Hospital of St. Mary Magdalene, as heir to his father Richard in the lands of Whitehill, 12 September 1572, and got sasine therein 6 March following.3 He married Jane, daughter of John Crichton of Brunstane. He died 14 and she 16 June 1587. They left a son and a daughter : — 1. DAVID. 2. Marion.* DAVID PRESTON of Whitehill had a precept of clare constat from Robert Crichton, chaplain of the Hospital of St. Mary Magdalene, lawful son of Mr. John Orichton of Brunstane, in the foresaid lands of Whitehill,5 5 Nov- ember 1587. He must then have been very young, as he chose curators 29 July 1598, his nearest of kin on his father's side being Richard Preston, tutor of Whitehill, Alan Ooutts of Rossyth, and Mr. John Preston of Fenton- barns; on the mother's side John Crichton of Brunston, James Crichton apparent of Brunston, and John Crichton, his brother.6 David Preston of Whitehill, prior to the death of his uncle, Richard, Lord Dingwall, Earl of Des- mond, was surety for him, and in 1634 applied to the Crown for relief.7 On 8 April 1640 he was served heir-male and of entail to Robert Preston of that Ilk and Craigmillar,8 4 pronepotis trinepotis tritavi.' He married, first, in 1608, Margaret, elder daughter of George Ker of Fawdonside ; 9 secondly, in 1620, Susanna, daughter of Alexander Colville, Oommendator of Culross, and relict of John Monypenny, fiar of Pitmillie.10 He left issue : — 1. GEORGE. 1 Edin. Tests. 2 Ibid. 3 Whitehill Writs. 4 Ibid. 5 Ibid. 6 Edin. Com. Decreets. 7 Reg. of Royal Letters, by Rogers, ii. 777. 8 Edin. Retours, Nos. 852, 853. 9 Edin. Sas. ; Rec. Sec. Sig., x. 21. 10 Edin. Sas., iii. 305; Protocol Book of James Primrose, H.M. Reg. House, 67-173. PRESTON, LORD DINGWALL 121 2. Mr. John. 3. Agnes, styled eldest daughter, married (contract 5 October 1630) to Francis, second son of Mr. Patrick Hepburn of Smeaton.1 GEORGE PRESTON, who succeeded through his father to the lands of Preston and Craigmillar, and Mr. John, his brother, sold Craigmillar to Sir Andrew Gilmour in 1660,2 and Preston and Whitehill to Robert Preston of the Valley- field family in 1662.3 George, married (contract 15 June 1640) Jean, daughter of Sir Alexander Gibson of Durie.4 I. RICHARD PRESTON, third son of Richard Preston of Whitehill, was attached to the royal household, and in 1591 is styled 'page.'5 On 27 October 1598, as 4 domesticus servitor regis, formerly tutor of Whitehill,' lie had a charter 6f the lands of Haltree, and on 14 March 1598-99 he had a grant of the lands of Reswallie, in the barony of Rescobie, co. Forfar.6 On 26 May 1599 he was appointed captain over all the officers in the King's Household.7 He had a sister Elizabeth, to whom in 1601 he granted an annualrent out of the lands of Ooittis, in the barony of Penicuik,8 which he discharged in 1617.9 He was knighted by James vi., and went to England with that sovereign when he succeeded to the Crown. He was created a Knight of the Bath at the Coronation, 25 July 1603 ; had the Constabulary of Ding- wall bestowed on him 1607,10 and having purchased that lordship and barony, was on 8 June 1609 u created LORD DINGWALL, with remainder to his heirs and assigns whatsoever. He married, through the influence of the King, in 1614, Elizabeth Butler, widow of Theobald, Viscount Butler of Tulleophelim, and daughter and only surviving child of Thomas, tenth Earl of Ormonde and Ossory. Her father, however, who died the same year, settled almost all his estates on his heir-male Walter Butler, and as he refused to give them up to Lord Ding- 1 Edin. Sas., xvi. 337. 2 Reg. Mag. Sig., Ix. 18. 3 Reg. Mag. Sig., Is.. 169. 4 Reg. of Deeds, Durie, 16 June 1669. 6 Exch. Rolls, xxii. 161. 6 Reg. Mag. Sig. ^ Reg. Sec. Sig., Ixx. 261. 8 Edin. Sas. ; Reg. Sec. Sig., i. 237. 9 Reg. of Deeds, 275, 12 August 1618. 10 Robertson's Proceedings, 67. n Reg. Mag. Sig. 122 PRESTON, LORD DINGWALL wall he was kept a prisoner in the Fleet till the King's death in 1625. By the influence of the Duke of Bucking- ham, Lord Dingwall was, on 19 July 1619, created BARON DUMORE, co. Kilkenny, and EARL OP DESMOND, in the Peerage of Ireland. The earldom was subsequently on 7 November 1622 granted in reversion to George Fielding, then eight years of age, who was also created Baron Fielding of Lecagh, co. Tipperary, and Viscount Oallan, co. Kilkenny. Fielding was the second son of William, Earl of Denbigh, and nephew of George Villiers, Duke of Buckingham. It was intended that he should marry Lord DingwalPs only daughter and heiress, but the marriage never took place, though he succeeded to the earldom on Lord DingwalPs death. Lord Dingwairs wife, Elizabeth Butler, died in Wales 10 October 1628, and he was drowned on the passage between Dublin and Holyhead eighteen days later, 28 October same year. He left issue one daughter, II. ELIZABETH PRESTON, suo jure Baroness Dingwall. She was born 25 July 1615, and was committed on her father's death to the guardianship of the Earl of Holland. In consideration of the sum of £15,000 he consented to her marriage with James, Lord Thurles, grandson and heir of Walter, Earl of Ormonde. The marriage took place in September 1629 (contract dated 26 August 1629) ; he suc- ceeded his grandfather 24 February 1632-33 ; was created MARQUESS OF ORMONDE 30 August 1642; BARON BUTLER OF LANTHONY, co. Monmouth, and EARL OF BRECKNOCK, in the Peerage of England, 20 July 1660 ; DUKE OF ORMONDE, in the Peerage of Ireland, 30 March 1661, and was made an English Peer under the same title 9 November 1682. The Duchess died 21 July 1684, and the Duke on 21 July 1688. They left, with other children, a son, THOMAS, Earl of Ossory, who died v.p. 30 July 1680, having married, 17 November 1659, in Holland, Amelia, eldest daughter of Henry de Beverwest, or de Nassau, Lord of Auverquerque (natural son of Maurice, Prince of Orange). His widow was buried in Westminster Abbey 12 December 1688. Their eldest son, PRESTON, LORD DINGWALL 123 III. JAMES, Duke of Ormonde, after a distinguished military career, was attainted by the British Parliament 20 August 1715 for complicity in the Jacobite plots. This forfeiture affected, however, only his English and Scottish honours and estates, the attainder by the Irish Parliament affecting the estates only. The Duke of Ormonde died November 1745 without surviving issue, and the title of Dingwall would, but for the attainder, have gone to his brother, IV. CHARLES, de jure Duke of Ormonde, who also died without issue 17 December 1758. The barony of Dingwall would then, but for the attainder, have gone to V. FRANCES D'AUVERQUERQUE, niece and heir of line, eldest daughter and co-heir of Henry, Earl of Grantham, by his wife Henrietta Butler, sister of the above-mentioned James and Charles, Dukes of Ormonde. She married, June 1737, Lieutenant-Colonel Elliot, and died 5 April 1772. The title would, but for the attainder, have then gone to VI. GEORGE NASSAU, third Earl Cowper, her nephew, being son and heir of her younger sister Henrietta, who had married, 29 June 1732, as his first wife, William, second Earl Oowper. She died 23 September 1747. Her son, Oeorge Nassau, third Earl Oowper, de jure Lord Dingwall, was born 26 August 1738, and died 22 December 1789. Married, 2 June 1775, Hannah Anne, daughter and co-heir of Charles Gore of Hookestowe, co. Lincoln. She died 5 September 1826, having had issue VII. GEORGE AUGUSTUS, fourth Earl Cowper, de jure Lord Dingwall, born 9 August 1776, died unmarried 12 Feb- ruary 1799. He was succeeded by his brother, VIII. PETER LEOPOLD Louis FRANCIS NASSAU, fifth Earl Cowper, and de jure Lord Dingwall. Born 6 May 1778, died 21 July 1837; married, 20 July 1805, Emily Mary, daughter of Peniston (Lambe), first Viscount Melbourne. She (who afterwards became the wife of Lord Palmerston, the celebrated Prime Minister) died 11 September 1869, having had by her first husband a son, 124 PRESTON, LORD DINGWALL IX. GEORGE AUGUSTUS FREDERICK, sixth Earl Cowper, de jure Lord Ding wall. Born 26 January 1806, died 15 April 1856 ; married, 7 October 1833, Anne Florence (after- wards suo jure Baroness Lucas), eldest daughter of Thomas Philip, Earl de Gray. By her, who died 23 July 1880, he had issue : — 1. FRANCIS THOMAS DE GRAY, of whom afterwards. 2. Henry Frederick, born 18 April 1846, died 10 Nov- ember 1887. 3. Henrietta Emily Mary, born 26 March 1838, and died unmarried, 28 June 1853. 4. Florence Amabel, born 4 December 1840 ; married, 9 August 1871, to Auberon Edward William Molyneux Herbert, D.O.L., third son of Henry John George, third Earl of Carnarvon. She died 26 April 1886, having had issue :— (1) Rolf, born 23 July 1872, died April 1882. (2) AUBERON THOMAS, of whom after. 5. Adine Eliza Anne, born 17 March 1843 ; married, 29- September 1866, to Julien Henry Charles Fane, fourth son of John, Earl of Westmorland, and died 20 October 1868, leaving issue. 6. Amabel, born 24 March 1846, married 18 November 1873, Lord Walter Talbot Kerr, R.N., K.C.B., fourth son of John William Robert, Marquess of Lothian, with issue. X. FRANCIS THOMAS DE GRAY, seventh Earl Cowper, K.G.r born 11 June 1834. On 31 July 1871 the attainder affect- ing the title of Lord Ding wall was reversed by the House of Lords, and on 15 August of that year Earl Cowper was found entitled to it as heir-general. At the same time and in the same way he became Lord Butler of Moore Parkr co. Hertford, in the Peerage of England ; and on the death of his mother, 23 July 1880, he succeeded to the title of Lord Lucas of Crudwell, in the same Peerage. He died 19 July 1905. He married, 25 October 1870, Katrine Cecilia, eldest daughter of William, Marquess of Northampton, but by her had no issue, and the title of Earl Cowper became extinct. PRESTON, LORD DINGWALL 125 XI. AUBERON THOMAS HERBERT, only surviving son of Auberon Edward William Molyneux by his wife Florence Amabel, sister of the last Earl Cowper, succeeded his uncle in the baronies of Dingwall and Lucas of Orudwell. He was born 25 May 1876. CREATION.— 8 June 1609, Lord Dingwall. ARMS. — (As Lord Dingwall, not recorded in Lyon Regis- ter, but given in Sir Robert Forman's MS.) Argent, three unicorns' heads couped sable. CREST. — A unicorn's head issuing out of a coronet. SUPPORTERS. — Two lions rampant gules. MOTTO. — Pour bien fort. [J. B. P.] MAXWELL, EARL OF DIRLETON AMES MAXWELL, the third son of John Max- well, Master of Maxwell, who was killed at the battle of . Lochmaben, 1484 (see title Nithsdale), is said to have been the ancestor of the Maxwells of Oavens.1 Who his im- mediate successors were has not been ascertained, but the next possessor of the estate on record is HERBERT MAXWELL, of Cavens, who died 24 March 1572-73,2 leaving two sons : — 1. WILLIAM. 2. John, who, with his son Joke, is named in Herbert's will. WILLIAM Maxwell, the elder son, married (contract dated 24 May 1549) Margaret, daughter (probably natural) of Sir James Douglas of Drumlanrig.3 In 1569 he is styled ' son and apparent heir ' of Herbert,4 but he seems to have died before his father. He had issue, mentioned in Herbert's will as his * oyes ' : — 1. Herbert of Cavens ; he is named as one of an assize, 15 July 1579,5 and was alive in 1609.6 He had issue : — (1) Herbert, younger of Cavens, slain 1603.7 1 Book of Carlaverock, i. 155. 2 Edin. Tests. 3 Acts and Decreets, iii. 188. 4 Ibid., xli, 422. 6 Reg. Mag. Sig., 13 May 1580. 6 P. C. Reg., viii. 705 (see Pitcairn's Criminal Trials, ii. 450-492). 7 Ibid., ix. 220. MAXWELL, EARL OF DIRLETON 127 (2) Mr. William, who succeeded to Cavens, and married Katherine Weir, who survived him, and was married, secondly, to Sir James Murray of Kilbaberton, Master of Works to King James vi.1 He left a son, William, served heir to him 15 April 1617.2 (3) Robert, who had a charter of the Kirklands of Kirkbean (which appear to have been the Kirkhouse estate) 8 January 1644 3 to himself in liferent, and his son William in fee. This William was, on 17 May 1653, served heir-male and of tailzie to James, Earl of Dirleton, his gudesire's brother's son,4 which is the evidence that the Earl's father was brother of Herbert of Cavens. (4) Probably John, minister of Mortlach 1615, of Edinburgh 1622, Bishop of Ross 1633 ; he is said to have been one of the Cavens family.5 (5) Probably David, described as the bishop's brother.6 (6) Mary, married (contract dated 16 February 1603) to Robert, son of Alexander Maxwell of Logan.7 2. ROBERT, of Kirkhouse. (See below.) 3. Richard, servitor to the eighth Lord Maxwell, styled Earl of Morton, 22 March 1584-85.8 4. Bessie, whom her grandfather in his will leaves to the care of her brother Herbert. 5. Margaret, left in the same will to the Laird of Drum- lanrig. (These are not expressly said to have been William's children, but the last bequest makes it probable that they were so. If not William's, they must have been children of another son of the first Herbert.) ROBERT, of Kirkhouse, also styled of Crustanes ; slain in 1583; for which crime Archibald Maxwell of Oowhill and William his son were tried and acquitted in 1605.9 His testament 10 shows that his wife (who survived him) was Nicolas, daughter of Charles Murray of Oockpule, and it names his eldest son William, his second son Charles, and a daughter Jane. It is probable, however, that the follow- ing five prosecutors of Maxwell of Cowhill for the slaughter of Robert were all his sons, and that his issue were :— 1. William of Kirkhouse, who died s.p. in 1643.11 His 1 Gen. Reg. Inhibitions, 8 September 1618 ; will of Sir James Murray of Kilbaberton, Edin. Tests., 27 February 1636. 2 Kirkcudbright Retours, 131. 3 Reg. Mag. Sig. * Kirkcudbright Retours, 259. 5 Scott's Fasti Eccl. Scot., v. 209. 6 Gen. Reg. Sasines, xviii. 199. 7 Gen. Reg. Inhibitions, viii. 394. 8 Instrument in H.M. Reg. Ho. 9 Pitcairn's Criminal Trials, ii. 488 ff. 10 Edin. Tests. , 16 October 1584, » Ibid. 128 MAXWELL, EARL OF DIRLETON brother James was served heir to him 10 August 1643.1 2. Charles, who was concerned in the slaughter of Sir James Johnstone of Dunskellie by Lord Maxwell.2 3. JAMES, Earl of Dirleton. 4. Robert. 5. David, who, along with his brother Charles, slew William Maxwell of Cowhill in April 1608. 3 6. A daughter, married to James Crichton of Crawford- ston. 7. A daughter, married to Thomas Brown of Glen/ I. JAMES MAXWELL, the third son, first appears in the records as witnessing a charter of James Murray of Cock- pule 11 May 1606.5 He must have entered the King's household as a young man, for on 5 October in the same year he got, as ' sanctions cubiculi regis admissionalis palatinus,' together with Robert Douglas 4 hippocomus ' to the King's eldest son, a grant of the lands of Tarres and others which were erected into a barony ; 6 on 15 January 1609 he had a charter of the lands of Newbellie and others in the county of Dumfries ; 7 another, on 24 August 1616, along with Sir Robert Douglas, of the lands and barony of Mortonwoods in Annandale,8 which they subsequently re- signed ; 9 on 29 June 1621 he had a charter of the lands of Culcreuch and others ; 10 on 11 August 1622 he purchased from William, Lord Crichton of Sanquhar, half the lands of Ballegerno, Abernyte, and others, co. Perth, with remainder to the heirs-male of his body, whom failing, to the heirs of the late Robert Maxwell of Kirkhouse, his father ; u on 30 January 1623 he had a charter from the King to himself and his wife of the teinds of the parish of Innerwick, and another on the same day from the Prince of the lands and barony of Innerwick on the resignation of Sir Alexander Hamilton ; 12 on 20 February 1623 he had a grant of the town and lands of Lochmaben and others, with the custody of the Castle of Lochmaben ; 13 on 22 May 1630 he had a con- firmation of the lands of Innerwick, erecting the town of 1 Kirkcudbright Retours, 224. 2 Pitcairn's Criminal Trials, iii. 35 ff. 3 Gen. Reg. Inhibitions, xxxii. 9. 4 Test, of William of Kirkhouse. 3 Reg. Mag. Sig., 10 July 1606. * Reg. Mag. Sig. 7 Ibid. 8 Ibid. 9 Ibid., 22 February 1620. 10 Ibid. n Ibid., 3 December 1622. 12 Ibid. 13 Ibid. MAXWELL, EARL OP DIRLETON 129 Skaitraw into a burgh of barony ; he had also a charter on 4 June 1631 of the lands and barony of Fenton, Dirleton, and others, including the lands of Kingston and Elbotle, and had Dirleton itself erected into a burgh of barony ; on 13 October 1634 he had a charter to himself and others, granting them the privilege of trading on the west coast of Africa;1 on 27 June 1635 another of certain lands of Dirleton; on 10 January 1636 he, with other co-adventurers, obtained a lease of all the minerals in Scotland for a period of twenty-one years ; 2 on 22 April in the same year he and others had a charter authoris- ing them to erect a lighthouse on the Isle of May, with the right of exacting a duty of ten shillings a ton on Scottish, and four shillings a ton on English ships ; 3 on 13 September 1641 he and his wife had another confirmation of Inner- wick.4 Her arms. are on the Dirleton pew in Dirleton church — viz. a large cross moline between four smaller. The Earl's arms, both on that pew and on the exterior of Dirleton church, are the Maxwell saltire charged with thistles.5 He resigned the Kirkhouse estate to his kinsman William 18 December 1643.6 On 27 March 1646, as James Maxwell of Dirleton, he made a tailzie of certain lands, failing heirs-male of his own body, on the second, third, fourth, and eldest sons successively of his eldest daughter Elizabeth by her husband William, Duke of Hamilton, whom failing, on James Maxwell, alias Cecil, second son of Viscount Cranbourne, husband of Diana, the granter's second daughter, he taking the surname and arms of Max- well. In 1674-75 this James was Earl of Salisbury.7 Some time after the date of this deed, but before the end of 1646, Maxwell was created EARL OP DIRLETON, LORD KINGSTON AND ELBOTLE. It is singular that he chose his titles from comparatively newer possessions rather than from his principal estate of Innerwick. It is said 8 that the remainder in the patent was to heirs-male of the body of the grantee, but although the engrossment in the Register of the Great Seal is not very legible, the words et Polmond secretarium . . . et casu decessus dicti comitis . . . comi- 1 Reg. Mag. Sig. 2 Ibid. 3 Ibid. * Ibid. 6 Southesk Book, i. 155. 6 Reg. Mag. Sig., 8 January 1644. 7 Reg. of Deeds, Mackenzie, 23 March 1675. 8 Macfarlane's Gen. Coll., ii. 386. VOL. III. 1 130 MAXWELL, EARL OF DIRLETON tisse de Lanark cum quovis alto, which can be read, indicate that there was a remainder to issue (presumably male issue) of the Earl's eldest daughter by William, Earl of Lanark, whom failing, by any other husband.1 From the above charters it will be seen that Lord Dirleton was an active and enterprising man. He was also a staunch loyalist, and lent large sums of money to the King. In 1640 the Scottish Parliament found that there were £84,866 Scots due to him by the public, and granted him warrants for the repayment of the debt.2 He did not long survive his royal master, dying about 1650, when his honours ap- parently became extinct, as even supposing the remainder in his patent was to the male issue of his eldest daughter, no such male issue survived. His testament was confirmed 28 July 1652 and 21 November 1674. He married, previous to 1628, Elizabeth or Bessie Besyne or Bowssie or Busson de Podolsko,3 and had by her (who was buried at St. Martin's-in-the-Fields 20 April 1659) 4 two daughters : — 1. Elizabeth, married, first, 26 May 1638, at the age of eighteen, to William, second Duke of Hamilton, who was mortally wounded at the battle of Worcester, and died 12 September 1651, aged thirty-four ; secondly, 19 June 1655, to Thomas Dalmahoy of the Priory, near Guildford, who had been Gentleman of the Horse to her former husband. He was third son of Sir John Dalmahoy of that Ilk, was member of Parliament for Guildford, and Master of the Buck- hounds to Charles n.s He is described by Pepys as ' Mr. Dormer Hay, a Scotch gentleman ... a very fine man.' 6 Bishop Burnett calls him ' a genteel generous man.' His wife was buried in St. Martin's- in-the-Fields 2 September 1659.7 Her second husband died 24 May 1682.8 2. Diana, married, 2 April 1639, to Charles Cecil, Viscount Cranbourne, second, but eldest surviving, son of William, Earl of Salisbury. He died v. p. December 1 Reg. Mag. Sig., 1634-1651, No. 1734. 2 Acta Parl. Scot., vi. pt. i. 538, 643-753. 3 Southesk Book, i. 155. 4 Complete Peerage. 5 Douglas, Baronage. 6 Diary, 11 May 1660. 7 Herald and Genealogist, v. 380. 8 Complete Peerage. MAXWELL, EARL OF DIRLETON 131 1660. She died about 1675, leaving a son James, who had become in 1668 Earl of Salisbury on the death of his grandfather. CREATION.— 1646, Earl of Dirleton, Lord Kingston and Elbotle. ARMS.— No record of Lord Dirleton's arms has been found. [j. B. P.] [DIRLETON, LORD HALIBURTON OF, see HALIBURTON, LORD HALIBURTON OF DIRLETON.] DOUGLAS, EAKL OF DOUGLAS \ T is not possible in a work like this to enter on a discussion of the various theories as to the origin of the family of Douglas. They have been described as of Flemish, Moray- shire, Northumbrian, and native Celtic descent, but as to any real knowledge of their origin, even with all the light which modern research has brought to bear, we are very little further ad- vanced than when Hume of Godscrof t wrote. The whole question is discussed by Sir William Fraser in The Douglas Boofc, vol. i., whence most of this article is drawn, and the student may there see the theories and the autho- rities for each. According to Hume of Godscroft, the first Douglas was a * certain nobleman ' who in the days of ' Solvathius,' King of Scotland, attacked and routed the army of Donald Bane, a pretender to the throne, in a battle which took place in 767. This, of course, is a mythical statement, but it is a sug- gestive fact that Donald Bane, who is an historical personage, appears as a contemporary with the earliest Douglas who is known to authentic history, of whom we now treat. WILLIAM of Douglas, 4de Dufglas,' is the first of the Douglas family who is found on the page of history, and it is of some significance that he appears for the first time DOUGLAS, EARL OF DOUGLAS 133 about the date when Donald Bane, who claimed descent from King Malcolm Ceannmor, raised a standard of revolt against King William the Lion, and caused considerable dis- turbance in Ross and Moray, where the Celtic population flocked to join him. Between 1177 and 1187 he held the northern counties in terror, but in the last-named year King William marched against him with a strong force, including about three thousand men under the special leadership of Roland, Lord of Galloway. Accounts differ somewhat as to details, but it would appear that Roland's men, or a large detachment of them, while out foraging, came suddenly upon Donald Bane and his troops. The rebel chief, thinking the royalist force smaller than his own, gave battle, but Roland and his followers were com- pletely victorious, and Donald Bane was killed, the battle being fought on 31 July 1187.1 Now as Godscroft's tradi- tion connects the 'first Douglas with the insurrection of Donald Bane, it is important to note that Galloway at that time comprehended the upper part of Strathclyde, for we find that in King William the Lion's time the judges of Galloway held courts at Lanark, close by Douglasdale, and Roland of Galloway appeared as one of the local barons.2 It is not improbable, therefore, that William of Douglas may have been one of those who marched northward with Roland. The territory of Douglas from which he derived his name, and which his family then or shortly after possessed, was recognised as a separate territory before 1177, as we learn from a charter to the monks of Melrose by Walter Fitzalan, the High Steward, who died in that year. Douglasdale was not held by any religious house,3 nor is there any trace of ownership except by the Douglases themselves, and it is quite possible that Godscrof t may be right in presuming the family were lairds native to the soil. But even this is not to be hastily assumed, though there are certain corrobora- tions of his theory. It is certainly in the south of Scotland that William of Douglas makes his first recorded appearance, as a witness 1 Fordun, ed. 1871, i. 268. 2 Acta Part. Scot., i. p. 378. 3 George Chalmers's statement that Theobald the Fleming received the first granfc of Douglasdale from the Abbot of Kelso is so far erroneous, that the land given to Theobald was not in Douglasdale, but in the parish of Lesniaha- gow, which belonged to the abbey (Douglas Book, i. 37). 134 DOUGLAS, EARL OP DOUGLAS to a charter by Joceline, who was Bishop of Glasgow from 1174 to 1199. He was, therefore, at that time probably Laird of Douglas, as his youngest son was parson of the church there about 1202, and whether he took an active part in suppressing Donald Bane's revolt or not, he cer- tainly after 1187 comes into notice. It may be added that though his family certainly appear as prominent in Moray- sliire, no evidence has been discovered of this William Douglas's presence there, if we omit his traditional share in putting down Donald Bane. It is not known when he died, but he does not appear on record after 1214. His wife is not known, unless she was a sister of Freskin of Kerdal, referred to below. He had issue : — 1. ARCHIBALD, who succeeded him. 2. Brice, described as brother of Archibald.1 He entered holy orders, and is said to have been prior of Les- mahagow, a cell of the great Abbey of Kelso,2 and he may also have been Dean of Moray, though this is not certain. In 1203 he was made Bishop of Moray, a diocese which then extended to Rhynie on the east and to Abertarfl on the west, including Elgin and Porres, with Nairn and a considerable portion of Inverness, Banff, and Aberdeen, and it was he who finally fixed the site of the Cathedral of the diocese at Elgin. Among the benefactors of the bishop's first cathedral of Spynie was Freskin of Kerdal, whom Brice styles 4 avunculus ' or uncle, which suggests that his mother may have been Freskin's sister.3 Nothing is known of Freskin's ancestry, but he may have been of the family of De Moravia, and as he appears to have held considerable property in Strathnairn, his influence may have led to Brice 's election as bishop.4 For a time the bishop appears to have incurred the displeasure of the Papal See and was excommunicated, but was absolved on 5 November 1218. A few weeks later he was the subject of severe charges against his life and morals, but though the indictment against him is very grave, nothing further is recorded regarding it, and he was 1 Registrum Moraviense, 81. 2 Chron. de Mailros, 105. 3 Reg. Morav.y 61. 4 Douglas Book, i. 11-15, and authorities cited. DOUGLAS, EARL OP DOUGLAS 135 still bishop at his death in 1222.1 He was canonised, his saint's day being the 13th of November.2 3. Alexander, mentioned frequently in charters as the brother of Bishop Brice. He was a canon of Spynie and vicar of Elgin, holding also the office of Superior of the Maisondieu or Hospital of Elgin. He was alive in 1237, but no further notice of him appears.3 4. Henry, canon of Spynie. He acted as one of his brother's clerks, and was also clerk to Bishop Andrew so late as 1239.4 5. Hugh, also a canon of Spynie. After 1222 he was archdeacon of Moray until about 1238.5 6. Freskin, who for a time was parson of Douglas,6 and was promoted by his brother Brice to be Dean of Moray, an office he continued to hold under the bishop's successor. He co-operated with the bishop in the changes instituted in the See, and went to Lincoln in person to learn the custom of that place for guidance in the diocese of Moray. He appears to have died before September 1232.7 7. Margaret, said by Nisbet to have been married to Hervey Keith, ancestor of the Keiths, Marischals of Scotland. No evidence of her has been found, and in any case Hervey Keith is probably a mistake for Hervey le Marescal, a person who appears in charters after 1200. ARCHIBALD of Douglas is described as son of William Douglas in a charter dated not later than 1198, by which he resigned the lands of Hailes in Midlothian, held by him from the Abbey of Dunfermline, in favour of Thomas, son of Edward of Restalrig.8 Between 1214 and 1226 he received from Malcolm, Earl of Fife, the lands of Living- ston and Herdmanston or Hermiston. Later he appears as Sir Archibald of Douglas,9 and is a witness to several charters by the King and others. He seems to have re- sided at intervals in Moray shire, as appears from charters by his brother the bishop, and even after the bishop's 1 Theiner's Vetera Monumenta, 6, 9; Reg. Morav., 359. 2 Forbes's Kalendars of Scottish Saints, 208. 3 Douglas Book, i. 4042. 4 Ibid., 42. 6 Ibid. 6 Liber de Calchou, ii. 297. 7 Douglas Book, i. 42, 43. 8 Reg. de Dtmfermelyn, 190. 9 Liber de Metros, i. 214 ; cf. 37. 136 DOUGLAS, EARL OF DOUGLAS death lie is found in that district.1 In July 1238 he was at Selkirk with King Alexander n., when the latter granted the earldom of Lennox to Maldouen, son of Alwyn, Earl of Lennox.2 Archibald Douglas disappears from record after the year 1239, and probably died not long after that date. He is said to have married Margaret, elder daughter of Sir John Crawford of Crawfordjohn. He had issue, so far as known, two sons : — 1. WILLIAM, who succeeded him. 2. Sir Andreiu, who received the lands of Hermiston from his father, which he afterwards bestowed on his own son William.3 He appears in various writs in company with his brother, and in 1259 he was present in Edinburgh Castle at the contract between his nephew Hugh of Douglas and Marjory of Aber- nethy.4 Prom him the Douglases of Dalkeith trace their descent. (See title MORTON.) WILLIAM, or SIR WILLIAM, of Douglas, succeeded, who was styled 'Longleg,' according to Godscroft, because he was 'of tall and goodly stature.' No direct proof has been found that he was the son of Archibald, but as he possessed the lands of Douglas, the relationship no doubt existed. He was born about 1200, as in a writ of 1267 he describes himself as over sixty. The first notice of him seems to be in March 1239 as witness to a charter by the Earl of Lennox, and two years later he witnessed a grant by King Alexander n. to the Priory of Lesmahagow.5 In the same year, or in 1241, he appears as a landholder in North- umberland, where he had, with other lands, a manor named Pawdon, in Ingram parish. This fact has led to a sugges- tion that the Douglases were of Northumbrian origin, but part at least of the lands were acquired by purchase so late as 1264, and their possession has no bearing on the question of origin. The fact that he held these lands in England probably led him, with other Scottish barons in the same position, to favour the English party in the disputes which took place after the death of King Alexander n., and he 1 Reg. Morav., 17, 81, 274. 2 Cartularium de Levinax, 1 ; see also Eeg. cle Passelet, 209, and Eeg. de Newbottle, 105, for other charters to which Archibald Douglas is a witness. 3 Eeg. Honoris de Morton, ii. 8. 4 Douglas Book, iii. 2. 5 Cart, de Levinax, 31 ; Liber de Calchou, 151. DOUGLAS, EARL OF DOUGLAS 137 was present at the meeting of King Henry in. and the young King of Scotland at Roxburgh on 20 September 1255.1 Sir William, however, is chiefly mentioned in private transactions rather than public affairs as regards Scotland. In one case he is found visiting Morayshire, and in another he is one of the sureties for Sir Walter Moray in a question between him and the Bishop of Glasgow about lands in Lanarkshire.2 In 1267 he had a dispute with the overlord of his English manor, Gilbert Umfraville, Earl of Angus, and Lord of Redesdale, and at the latter's instigation the house of Fawdon was attacked, set on fire, and Douglas and his family ejected. He himself was imprisoned for some days at Harbottle, and goods were carried off to the value of £100, a large sum in those days, consisting of money, silver spoons, cups, mazers, clothes, arms, and jewels, such as gold rings and fermails.3 If this account be not exaggerated, he must have been of considerable wealth. His second son William was nearly killed in defending the house. In 1270 Sir William Douglas was in Scotland, but he died a few years later, before 16 October 1274, perhaps at Fawdon.4 His seal, at one time attached to his son's marriage-contract of 1259, bore, if Godscroft be correct, the same arms as those of his son Sir William Douglas ' le Hardi.' (See below.) It is not clear whether Sir William was twice married. Godscroft assigns to him a daughter of Alexander, Earl of Oarrick, but this last personage is unknown to record. His wife, so far as is known, was Custancia or Constance, probably, though not certainly, of the family of Batail, from a member of which Sir William purchased a part of Fawdon in 1264.5 She survived him. He had issue two sons and a daughter : — 1. Hugh, of whom nothing is known or recorded except the circumstances of his marriage//and a traditional anecdote related by Godscroft. His contract of marriage with Marjory Abernethy, sister of Sir Hugh Abernethy, has been preserved. It was 1 Acta Parl. Scot., i. 419. 2 See Douglas Book, i. 63-66, for these and other similar transactions. 3 Ibid., 60 ; Cal. Doc. Scot., i. 485-487. 4 Ibid., ii. Nos. 29, 30. 6 See Douglas Book, i. 61, 62, for authorities. 138 DOUGLAS, EARL OF DOUGLAS entered into in Edinburgh Castle on Palm Sunday, 6 April 1259, in presence of friends of both parties. The bridegroom was under age, and probably the bride also, and various provisions were made for their maintenance for four years, probably till Hugh Douglas attained majority.1 Godscroft narrates another document, now lost, by which Sir William granted lands in Douglasdale to his son Hugh in fulfilment of the contract. Nothing further is on record of Hugh Douglas, and he completely dis- appears from the page of history. It is uncertain whether he succeeded to the estates of Douglas, but in any case he deceased before 1289, as in January of that year his brother William was in possession. 2. SIR WILLIAM. (See below.) 3. Willelma, married to William of Galbrathe, son of Sir William Galbrathe by a daughter of Sir John Oomyn of Badenoch. (See that article.) They had issue four daughters, of whom the eldest, Joanna, married de Oathe (Kethe or Keith) and had issue a son, Bernard de Cathe. Joanna was the heiress of Dalserf, but died in 1301, before her mother, who died about Christmas 1302.2 SIR WILLIAM DOUGLAS, known as 4le Hardi,' Lord of Douglas, as he described himself, being the first of his family to assume the full baronial style, is first mentioned in 1256, when his father declared before a court that he had provided him lands in Warndon, Northumberland, with two guardians, as he was under age.3 He next appears in 1267, when he was severely wounded in defence of his father's house. He had married and was a widower, but little else is known of him before 12 January 1289, when as Lord of Douglas he wrote to the Abbot of Kelso to deliver up to him the family charters which had been in the custody of the abbey. He must have been in possession of the estates for some time,4 though when he succeeded is 1 See Douglas Book, iii. 2, 3. 2 Cal. Doc. Scot., ii. No. 1420. Inquest as to Willelma's succession, at Lanark, 30 December 1303. A Sir Bernard de Kethe appears in 1307 attached to the English interest. 3 Ibid., i. 394. 4 According to Fordun, ed. 1871, i. 320, in his narration of the death of Duncan, Earl of Fife, William Douglas must have been in possession before April 1288. DOUGLAS, EARL OF DOUGLAS 139 not certain, and a short time before the above date he had made a bold stroke for a wife by carrying off from the manor of Tranent Eleanor de Lovain, widow of William de Ferrers, Lord of Groby, and marrying her. She had come to Scotland to secure her dowry from her late husband's lands, which were extensive. After he thus came prominently into notice, Sir William Douglas took an active part in the troubles which beset Scotland at this time. On 5 July 1291, Sir William Douglas, with other magnates, did homage to King Edward, who was now acknowledged as Lord Paramount of Scotland. Douglas appears to have held aloof from Edward's nominee to the throne. He apparently did not attend the coronation of Baliol, nor was he present at his first Parlia- ment, and he was specially summoned as a defaulter. He appeared in the second Parliament, but as a defendant rather than a member, and was placed in ward as guilty of offences against the King and his officers,1 but his im- prisonment was not of long duration. In October 1295, Sir William was made Commander of the Castle of Berwick, and when this town, which had defied the English King, was captured, Douglas was exempted from favourable conditions and kept in close ward. He was, however, liberated before 10 June 1296, when he swore a special oath of fealty to Edward at Edinburgh, and at Berwick in August he joined in the general homage of Scotland. His posses- sions had been forfeited, but were now restored, not indeed his English estates, but his Scottish property, which was located in Fife, Dumfries, Wigtown, Berwick, Ayr, and Edinburgh, as well as Lanark, was given back. The counties named suggest that he had acquired the dowry lands of his wife Eleanor, as they lay in these districts. In May of the following year, 1297, Sir William seems to have joined the party of Wallace, who began at this time his patriotic career, and if Blind Harry is to be believed he took the Castle of Sanquhar from the English by a ruse. He certainly did incur the suspicion of Edward, and Robert Bruce, afterwards King, harried Douglasdale, and carried off Sir William's wife and children. Immediately after- 1 Acta Parl. Scot, i. 448. 140 DOUGLAS, EARL OF DOUGLAS wards Bruce joined the popular party, but he, with Douglas and other leaders, to their disgrace, deserted Wallace, and made submission at Irvine on 9 July 1297. Douglas was afterwards blamed for retarding the cessation of hostilities, and on this pretext was imprisoned in Berwick, in a 4 very savage and very abusive ' state of mind.1 Edward i. was pleased at his captivity, and so important was he deemed, that when the English, after the battle of Stirling, left Scotland, they took Douglas with them, and he was com- mitted to the Tower on 12 October 1297, where he died some time in the following year, as in January 1299 his widow received the restoration of her dower lands.2 His lands and castle of Douglas were conferred on Sir Robert Clifford, one of Edward's favourites. Sir William Douglas married, first, Elizabeth, daughter of Alexander, High Steward of Scotland.3 She died some time before 1289, and he married, secondly, as above de- scribed, Eleanor de Lovain, or Ferrers, who survived him. In October 1303 King Edward i. granted her permission to marry John de Wysham, a * vallet ' of the King's, but she was apparently still a widow in June 1305.4 His seal in 1296 shows a shield bearing on a chief three stars. On either side of the shield are lizards (for ornament, not as supporters), and the legend is ' s. DNI wi . . . MI DE DVGLAS.' 5 He had issue, so far as known, three sons : — 1. JAMES, the only son of first marriage, who succeeded him. 2. Hugh, eldest son of second marriage, of -^wbom-a notice 3. Sir Archibald, a son of the second marriage, aeeording to Godscroft, was probably the youngest brother of Sir James, as if he had been older than Hugh his son William would have succeeded (though under age) in preference to his uncle. He was probably born about 1297, but his name does not occur on 1 Letters from the Captain of Berwick. Stevenson's Hist. Doc., ii. 205. 2 Douglas Book, i. 102. See Memoir. The facts of his imprisonment and death in the Tower refute the story that Douglas was present at Carluke, the Forest Kirk, in 1298, when Wallace was appointed Governor of Scotland. 3 Barbour's Bruce, Spalding Club, 261 ; Andrew Stuart's History of the Stewarts, 14, 54. 4 Cal. Doc. Scot., ii. Nos. 1399, 1400, 1671. 5 Engraved Douglas Book, i. 17 ; ii. 549. DOUGLAS, EARL OF DOUGLAS 141 record until about or after 1320, when he received from King Robert Bruce the lands of Morebattle in Roxburghshire and Kirkandrews in Dumfriesshire.1 In 1324 he was granted the lands of Rattray Crimond (not Ormond, as in Wood),2 Carnglass and others in Buchan.3 He also, when he died, owned Liddesdale, the baronies of Cavers, Drumlanrig, Terregles, and Westcalder, and part of Oonveth in Aberdeenshire.4 He is called Lord of Galloway by Godscroft, a mistake followed by other writers ; but Galloway was granted only in 1369, not to this Archibald, but to his nephew of the same name, with whom he is some- times confounded. He appears to have annexed Liddesdale at a late period of his career, his right to it being afterwards disputed, and when he re- ceived the otker lands is uncertain, as there appears to be no record of the fact, but they may have been granted to him on account of his relationship to the 'Good Sir James' as his own public career is not known to have deserved so great rewards. He was, however, forced prominently into public life by the troubles which followed the death, on 19 July 1332, of Thomas Randolph, Earl of Moray, Regent of Scotland after the death of King Robert Bruce. He acted in vigorous opposition to the claims of Edward Baliol to the Scottish Crown, and after the capture of Sir Andrew Moray in April 1333 he was appointed to the vacant office of Regent. A few months after this he fell at the battle of Halidon Hill, 19 July 1333. Sir Archibald Douglas is said by Godscroft and others to have married a lady named Dornagilla Comyn, but so far as can be ascertained she is a mythical person. His only recorded wife was Beatrice Lindsay, daughter of Sir Alexander Lindsay of Crawford,5 who survived him, and married, secondly, Sir Robert Erskine of Erskine.6 Two years after the Regent's death she was residing 1 Robertson's Index, 11, 12, 20. 2 Ormond was not acquired until many years later. 3 Ant. Aberdeen and Banff, ii. 394. 4 These are enumerated in a charter to his son in 1354 as belonging to Sir Archibald. Douglas Book, iii. 360, 361. 6 Wyntoun, bk. viii. c. 41 ; Lives of the Lindsays, i. 54. 6 Mar Peerage, Evidence, 515. 142 DOUGLAS, EARL OF DOUGLAS in the strong fortress of Cumbernauld, when it was besieged by the English, and owing to an outbreak of fire the defenders, including Beatrice Douglas and other noble ladies, were compelled to surrender, but apparently they were not prisoners for very long. Sir Archibald by her had issue : — (1) John, to whom, with his mother Dame Beatrice of Douglas, Duncan, Earl of Fife, granted, between 1335 and 1338, the lands of Westcalder.1 He appears to have accompanied King David n. to Normandy, and in 1340 formed one of his household at Chateau Gaillard.2 Wyntoun states that he died abroad, and this is corroborated by the fact that he is not named in the entail of 1342 to be afterwards referred to. He no doubt died before 1341, when King David returned to Scotland. (2) WILLIAM, who succeeded to the Douglas estates and became first Earl of Douglas. (3) Eleanor, married first, probably when very young, to Alexander Bruce, Earl of Carrick, son of Edward Bruce, brother of King Robert. He was killed at Halidon Hill. She married, secondly, about 1349, Sir James Sandilands of Sandilands,3 with issue, the present Lord Torphichen being her direct representative. Sir James died before 1358, and there is reason to believe his widow married, thirdly, before 1364, Sir William Towers of Dairy.4 Before 1368 she married, fourthly, Sir Duncan Wallace of Sundrum,6 and in 1376 she had a dispensation to marry her fifth husband, Sir Patrick Hepburn of Hailes.6 SIR JAMES DOUGLAS, Lord of Douglas, fondly known to his countrymen as the ' good Sir James/ is one of the three heroes of Scottish Independence, the other two being Wallace and Bruce. Indeed in Barbour 's Brus epic Sir James has a place scarcely second to the King himself, while his history is so interwoven with that of his country that it is difficult to separate the two, the rather as we know almost nothing of his personal life. The little know- ledge we have is chiefly from Barbour, who tells us he was a youth, 'bot ane litill page,' when his father was imprisoned. Barbour has also preserved a word-portrait of his hero. He was, it is said, of commanding stature, well formed, large-boned, and with broad shoulders ; his counten- ance was somewhat dark or swarthy, but frank and open, 1 Spalding Club Miscellany, v. 243. 2 Exch. Rolls, i. 466. 3 Charter to them of the barony of Westcalder. Acta Parl. Scot., iii. 9. 4 Exch. Soils, ii. 165. 5 Reg. Mag. Sig., folio vol., 75, 105 ; Reg. Epis. Glasguensis, i. 279. 6 Andrew Stuart's Genealogy, 440. DOUGLAS, EARL OF DOUGLAS 143 set off by locks of sable hue. Courteous in manner, wise in speech, though he spoke with a slight lisp, gentle in all his actions. Terrible in battle, and at all times an enemy to everything treacherous, dishonourable, or false. James Douglas was in France when his father died, and after a time he returned to Scotland, going first to William Lam- berton, Bishop of St. Andrews, who received him kindly, and he remained in the prelate's household for some time. After Edward had disdainfully refused to restore his lands to him, Douglas joined Bruce and became one of his most trusted allies, and from that time the two men were seldom apart. Douglas was present at the King's coronation, and he was one of the small band who attached themselves to Bruce after his defeat at Methven, and joined him in his wanderings. King Edward I. died on 7 July 1307, and Bruce soon after set out on his campaign in the north of Scotland, while Douglas devoted himself to driving the English garrisons out of the border districts of Selkirk and Jedburgh, and he also made a third successful attack on his own castle, which he now razed to the ground. By the exertions of Douglas and others Scotland became so far freed from English control that Bruce was able, in March 1308-9, to hold his first Parliament, where Douglas was present. In February 1313 he captured the castle of Roxburgh by a somewhat grotesque stratagem. The battle of Bannockburn on 24 June 1314 settled the independence of Scotland, but even after that decisive conflict an inter- mittent warfare took place for many years. Sir James Douglas played his part in clearing and guarding the marches of the country with activity, prowess, and daring, and the dread of him was so great that English mothers used the name of the ' Black Douglas ' to frighten their chil- dren with. Raids into England alternated with the more peaceful duties of attending Parliaments. When King Robert went to Ireland in 1316 Douglas was appointed one of the Wardens of the kingdom ; and during the King's absence, owing to the increased activity of the English, some of his most stirring exploits were performed. In December 1318 the trust which not only the King but 144 DOUGLAS, EARL OP DOUGLAS the country had in Sir James Douglas was shown by his being appointed by Parliament tutor, failing Randolph, Earl of Moray, to any minor heir succeeding to the throne. In August 1319 King Edward n., having resolved to strike in person a blow at Scotland, laid siege to Berwick with a large force. Douglas and Randolph marched into England, and while there met and defeated an English force at Mitton, in Yorkshire, the conflict being known as the 4 Chapter of Mitton * from the number of ecclesiastics who fell there. This and two severe devastations of the north of England caused Edward to retire from Berwick, and one result was a truce for two years. An episode of this time of peace was the famous letter by the barons of Scotland, including Douglas, addressed to the Pope, then John xxn., affirming the independence of Scotland, and rejecting the pretensions of England. At this period also Douglas received various rewards for his long and varied services. In 1318 he had received a grant of the lands of Polbuthy, or Polmoody, in Moffatdale. He now received the lands, castle, and forest of Jedburgh with Bonjedward, and the barony of Stabilgorton in Eskdale. His estate of Douglas was defined by a bounding charter to include the two parishes of Douglas and Oarmichael, and he further re- ceived the extensive barony of Westerkirk in Eskdale.1 About this time also he had grants of Ettrick Forest, of Lauderdale, and the barony of Bedrule in Teviotdale.2 The expiry of the two years' truce was followed by war, and Douglas resumed his attacks on England. The English King retaliated by invading Scotland, but was forced to retire for want of supplies. He was followed to England by the Scottish army, and a battle took place near Biland Abbey in Yorkshire, in which the English were defeated, and their King made an ignominious flight to York. The result of this combat, so far as Douglas was concerned, was the famous grant known as the Emerald Charter. As a recompense for forgoing the ransoms of certain French Knights who were his prisoners, and whose ransoms were estimated at 4400 merks sterling, King Robert bestowed on 1 The Douglas Book, iii. 9, 10, 354-356. 2 Robertson's Index, 10 Nos. 21,24. DOUGLAS, EARL OF DOUGLAS 145 him the criminal jurisdiction over his extensive baronies, and over all his lands within the kingdom, with the excep- tion of articles relating to manslaughter and the Crown, which were reserved. He further freed Douglas, his heirs and servants, from all feudal services, suits of court, etc., except the common aid due for defence of the realm. The grant was made absolute, and is not accompanied with any terms of reddendo. The mode of investiture was unique, as it was given by the King taking an emerald ring from his own finger and placing it on the finger of Douglas, as an enduring memorial in name of sasine that the grant should be secure to him and his heirs for ever.1 A few months later the lands of Buittle in Galloway, comprising the parish of that name with certain exceptions, were added to his already extensive possessions.2 In the beginning ot 1327 King Edward u. was deposed, and his son, a boy, became king, an event which broke the truce recently renewed with Scotland. In the hostilities which followed the continued successes of the Scots ulti- mately led to the treaty of Northampton in March and May 1328, by which Bruce was recognised as King of Scot- land, and it was arranged that his son Prince David should marry Joanna of England. In the following year the estate of Fawdon, in Northumberland, and other lands in England belonging to his father, were restored to Sir James Douglas.3 Sir James was present on behalf of his royal master at the marriage of Prince David at Berwick on 17 July 1328, and within twelve months thereafter he attended the last hours of King Robert, when, as Froissart tells us, he gave his promise to carry the King's heart to the Holy Land. As is well known, Douglas, after settling his affairs, set out on what was to be his last mission. He took ship from Montrose, and sailed to Sluys, in Flanders, where he enter- tained visitors for twelve days with great magnificence, though he remained on board his vessel, and never landed all that time. He then resolved to go to Spain, where Alphonso, King of Leon and Castile, was at war with the Saracen King of Grenada. Douglas offered his services to 1 The Douglas Book, iii. 11, 12, 8 November 1324. 2 Ibid., 12, 13. iv. 4, 5. VOL. III. K 146 DOUGLAS, EARL OF DOUGLAS Alphonso, by whom he was honourably received and enter- tained; but at the battle of Theba, on 25 August 1330, while fighting with his usual bravery, he was so surrounded by the enemy that, as Froissart has it, ' fynally he coulde nat endure,' and he and his comrades were slain. There are various stories of the way in which he met his death, but some of these are of late origin, and need not be repeated here. His body was recovered and brought home, where Barbour tells us it was buried in the church of Douglas. A monument was afterwards erected to his memory by his son Archibald, probably about 1390, when he succeeded to the estates and earldom of Douglas, and it still exists. The name of his wife has not been ascertained, but there can be no doubt that Sir James Douglas was married, and had a son and heir, WILLIAM, of-whefa^elo^r: He had also a natural son ARCHIBALD, who became, under an entail Fefe£*€4^4e~4i*ter, the possessor of the estates, and THIRD EARL OF DOUGLAS. WILLIAM DOUGLAS, son of the 'good Sir James,' has no doubt, because of his brief career, been overlooked by all historians of the family until the Douglas Book appeared. Even Godscroft does not mention him, but there is little doubt that he was the legitimate son of Sir James, as he succeeded at once upon the latter's death to the lordship of Douglas. This is proved by the fact that in the Ex- chequer Rolls of 1331 he is referred to as William, Lord of Douglas. This evidence is supplemented by a complaint by the monks of Ooldingham to King David 11., who accuse William, Lord of Douglas, and Archibald Douglas, his uncle (some time Regent), of depriving them of their town of Swinton, which they had for a time granted to the late Sir James.1 As Archibald Douglas was the brother of Sir James, this proves that William was son of the latter. The fact is that the career of this young Lord of Douglas was so brief that it is no wonder he escaped notice. He was one of those who were slain at the battle of Halidon Hill on 19 July 1333, and his death there is noticed by two 1 Priory of Coldingham, Surtees Society, 21. 22. DOUGLAS, EARL OF DOUGLAS 147 English chroniclers, whose contemporary and independent testimony leave no room for doubt that he was William Lord of Douglas, son of Sir James Douglas, who died in Spain.1 None of the above statements absolutely prove his legitimacy, but a strong presumption of that is supplied by his immediate succession to his father's estates, whereas his illegitimate half-brother Archibald succeeded only by virtue of an entail afterwards to be referred to. William, Lord of Douglas, was apparently unmarried, and it is not clear whether he entirely completed his title to the estates. We now return to HUGH DOUGLAS, Lord of Douglas, called ; the Dull,1 second brother of the 'good Sir James,' who for a time held the family estates, although he was a Churchman. He was the elder of the two sons of William Douglas, ' le Hardi,' by his second wife Eleanor Ferrers, and was born in 1294.2 He appears to have made up titles and entered into possession of the estates, as he is referred to as Lord of Douglas, and he made grants of various parts of his wide domains to his kinsman William Douglas of Lothian, including the lordship of Liddesdale,3 which had belonged to his brother Archi- bald. This proves that Hugh Douglas had succeeded to the lordship of all the lands of both his brothers, apparently to the exclusion, for a time at least, of the son of Archi- bald, who was the true heir of his father. But on 26 May 1342, at Aberdeen, he formally resigned in the hands of King David the Second, the lands of Douglas and Oar- michael, Forest of Selkirk, Lauderdale, Bedrule, Eskdale, Stablegorton, Buittle in Galloway, Romanno, and the Farm of Rutherglen. Three days later these were regranted, at Dundee, to a series of heirs, first to the nearest lawful heir-male William Douglas, son and heir of the late Sir Archibald Douglas, the youngest brother of Sir James ; second, by a special royal grant to Sir William Douglas of Lothian, now of Liddesdale ; and failing them and their heirs-male, to Archibald Douglas, son of Sir James, and his heirs-male.4 This was the entail which Lord Hailes con- 1 Knyghton apud Twysden, 2564; Scalacronica, 163. 2 Stevenson's Historical Documents, ii. 43, 44. 3 Reg. Honoris de Morton, ii. 47, 48, 89-93. 4 Acta Parl. Scot, i. 557, 558; The Douglas Book, in. 357, 359. 148 DOUGLAS, EARL OP DOUGLAS jectured to settle the Douglas estates, but its terms were unknown to Mm. After this, little or nothing is known of Hugh Douglas, and he may have died in 1347, when his prebend of Old Roxburgh, of which he was the incumbent, is said to be vacant.1 ;^ • I. WILLIAM DOUGLAS, who succeeded to the estates of Douglas under his uncle's entail of 1342, was, as already stated, the second son of Sir Archibald Douglas, the Regent, and only lawful heir-male of the ' good Sir James.' The date of his birth is not certain, but he was a minor in 1342, and a ward of his godfather Sir William Douglas, the Knight of Liddesdale.2 The earliest notices of him state that he was educated in France, and bred to arms in that country, and there seems no doubt that his earlier years were spent there. He returned to Scotland in or about 1348, probably at his majority, as he threw himself at once into the tide of events, gathering together a band of fol- lowers from Ettrick or Jedburgh Forest, where he was gladly welcomed by the people. William Douglas first appears in political life in 1351, as a commissioner to arrange the temporary release of King David ii. from his captivity in England ; which mission was successful, and he accompanied the King to Scotland. Lord Hailes, mistaking his share in the negotiations, has attributed to him the treacherous league with England, which was really made by his namesake, the Knight of Liddesdale.3 But the Lord of Douglas, although he did visit England early in 1353, had nothing to do with such unpatriotic schemes. On the other hand he, in the same year, devoted himself to reducing the Anglicised Scots to their true allegiance, and made a descent on Galloway, overawing the chiefs, and compelling or treating w;ith them to take oaths of fealty to their proper sovereign. In this policy Douglas was imitated by others, and thus Niths- dale and Annandale also were wrested from the English. August of the same year, 1353, saw the tragical death of the * Knight of Liddesdale ' by the hand of his godson. 1 Eotuli Scotice, i. 709, 749. 2 Reg. Honoris de Morton, ii. 46, 47. 3 Fcedera, iii. 246. DOUGLAS, EARL OF DOUGLAS 149 Ballad lore ascribes this event to jealousy, and relates how the 4 Countesse of Douglas ' wept for her slain lover, but in 1353 Douglas was not Earl, and he was not then married, notwithstanding Godscroft's statements on the point. It has also been stated that discovery of the Knight of Liddes- dale's treason was the cause of his death, but it does not appear that his treason was known. Douglas has further been credited with a desire to revenge the deaths of Sir Alexander Ramsay and Sir David Barclay. This is doubtful, and the true reason of the Knight's death was probably, as Sir William Fraser suggests, a quarrel between the two Douglases on the score of property. This is the view taken by Fordun, a contemporary historian, and is borne out by charter and other evidence.1 Liddesdale had belonged to Sir Archibald Douglas, but after his death his claim was set aside. The Knight of Liddesdale, however, secured the territory for himself in 1342. The younger Douglas probably resented this. In any case, on 12 February 1353, or 12 February 1354,2 he received a charter from King David n., granting to him, first, all or most of the lands which had belonged to the late Sir James, his uncle, and also all the lands which had belonged to his own father, the late Sir Archibald, the lands of Liddesdale being specially named.1 If, therefore, this charter preceded the Knight's death, the quarrel is easily explained ; and if it followed that event, Douglas's eagerness to take possession equally justifies For dun's opinion. In 1356 Douglas succeeded in harassing a large army with which Edward in. had been devastating Scotland with .more than usual fury, to such an extent that the English were compelled to retire, and Douglas, on his own account, concluded with the English Warden a six months' truce from April 1356, of which he took advantage to visit the captive Scottish King, and then to go to France. There he was well received by King John, who conferred on him the rank of knighthood, and he fought at the battle of Poitiers, so bravely that he would probably have been made prisoner had he not been dragged out of the fray by his own atten- 1 The Douglas Book, i. 222-228, where the subject is discussed at length. 2 The uncertainty of date is owing to the miscounting of the regnal years of King David's reign. 3 The Douglas Book, iii. 360, 361 ; cf . Seventh Hist. MSS. Rep., App. 527. 150 DOUGLAS, EARL OF DOUGLAS dants.1 This battle, fought on 19 September 1356, tended to aid the proposals for truce, and the peace comprehended England, Scotland, Ireland, and a part of France. Douglas was one of the Wardens appointed to keep the truce, though it was nearly endangered by his seizing the castle of Hermitage, in revenge, apparently, for an English raid on Eskdale. Sir William Douglas was present at the Parliament of Scotland in September 1357, when a truce was arranged, and the liberation of David n. decided upon. In the follow- ing January, probably on the 26th, he was created EARL OF DOUGLAS. The date has been stated to be 4 February 1358, but there is evidence that it was earlier, and that the dignity was conferred during the sitting of the General Council, held at Edinburgh from 20 to 28 January 1357-58.2 He was one of the hostages for King David, and passed frequently to and from England, accompanied apparently at intervals by his Countess, to whom he was married in 1357. During the next few years the chief record of the Earl's doings is found in charters witnessed or granted by him, but these need not be particularised, except to note that one extensive gift of land to the monks of Melrose, part of which was for the soul of the ' Knight of Liddes- dale,' comprehended several farms now included in the ground recently acquired near Hawick for a military camp.3 About 1360 he acted as a Justiciar, and was also made Sheriff of Lanark. In 1363 there was a rupture between King David and his three principal nobles, the High Steward, the Earls of March and of Douglas, who complained, not without reason, that the money raised by the country to pay the King's ransom was squandered in an improper manner. King David had previously, in 1359, given ground for offence in another way by bestowing the Scottish earldom of Moray on an alien, Henry, Duke of Lancaster, although curiously enough Douglas and the Steward were both witnesses to the transaction, which took place at Dundee 5 April 1359.4 1 Fordun, ed. 1871, 376. 2 Acta Parl. Scot., i. 522, 523; Stirlings of Keir, 199. 3 Cf . Liber de Metros, ii. 428-433 ; The Douglas Book, i. 236. 4 Bain, Cal. Doc. Scot., iv. No. 9. Mr. Bain gives date in his text as 5 April 1358, but in his index as 1359, which is correct, and agrees with a general council held on that date at Dundee. Cf. Acta Parl. Scot, i. 524, 525. DOUGLAS, EARL OF DOUGLAS 151 But the above reason was a matter which touched Douglas more closely, as he was one of the sureties to the English Government for payment of the yearly instalments of the ransom. He was the first to take up arms to put matters right, but, perhaps because he was unsupported, his re- bellion suddenly collapsed, and he appears to have suddenly turned round and consented to a policy which, had it been successful, would have made Scotland a mere appanage of England.1 The terms of the policy were embodied in a proposed treaty, which may be read in the records of the Scottish Parliament of March 1364, by whom it was rejected. One provision related to Douglas, namely, that he should be restored to the estates in England to which his father and uncle had right, or receive an equivalent. There can be little doubt, though the evidence was unknown to Sir William Fraser, who questions the fact, that Douglas was in attendance on King David n. in London in November 1363, when the treaty was drawn up, as a few days later, he received the present of a gift cup from the English King.2 This treaty was rejected, but a second was drawn up and submitted to the Scottish Parliament, and although it settled part of Galloway on a younger son of Edward in. and restored the disinherited lords, it was accepted for the sake of peace, on condition of a complete remission of the ransom money. Douglas affixed his seal to the Act and swore to observe it.3 He was not named in the second treaty, but it is unfortunate that in the first he appears as if bribed to throw over the High Steward, who had been his friend. It has been suggested that he acted as he did from a far-seeing belief that the actual union of the two kingdoms was the only way to a lasting peace,4 but his true motives must remain obscure, as materials are wanting to a right judgment. In 1369 a peace was arranged with England for fourteen years, and Douglas with others swore to keep the truce inviolate. In the following year the Earl by a formal writ renounced all rights and all lands he had by any right in the barony of Dalkeith, in favour of Mary Douglas, the now deceased heiress of the late Knight of Liddesdale. The 1 Bain, Cal. Doc. Scot., iv. No. 91 ; Acta Parl. Scot., i. 492-495. 2 Cal. Doc. Scot., iv. No. 93. 3 Acta Parl. Scot., i. 495, 496, 526, 527. 4 The House of Douglas, by Sir Herbert Maxwell, i. 86. 152 DOUGLAS, EARL OF DOUGLAS reason of this resignation is obscure, but it was probably intended to secure the rights of the lady's cousin and the Knight's heir-male of entail, Sir James Douglas, who there- after became Lord of Dalkeith.1 The writ in question, implying that the Earl had right over the barony of Dal- keith, throws light on Froissart's statement that during his travels in Scotland he spent fifteen days with William, Earl of Douglas, at a castle called * Alquest ' or Dalkeith, where he saw his two children James and Isobel. Though the castle was not the Earl's own property, he may have been residing there, as tutor to the heiress.2 The death of King David in February 1371 brought a change of dynasty and placed the Earl's former ally the High Steward on the throne. The Earl was present at the new King's coronation, joined in the vote which secured the succession of the King's son, and was one of the Privy Council which arranged for the royal household. In 1374 Douglas is found styling himself Earl of Douglas and Mar, as he had obtained the latter title after the death of his brother-in-law Thomas, thirteenth Earl of Mar. The latter's sister, Margaret of Mar, Countess of Douglas, be- came in 1374 Countess of Mar in her own right, and the Earl of Douglas entered into possession of her estates, and also of the title of Mar. There is no doubt he held and used the double title to the end of his life, but by what tenure he held the title is doubtful, some stating that it was by the courtesy of Scotland, and others that he was created Earl of Mar. There are arguments on both sides, but they need not be discussed here, as they have already been stated and decided upon in the House of Lords. All that need be noted here is that Thomas, thirteenth Earl of Mar, died sometime between 22 October 1373, when he had a safe- conduct to go to England, and 21 June 1374, when the Earl of Douglas, in writing to the monks of Melrose, styles himself also Earl of Mar.3 A later date has been assigned to Mar's death, but these dates seem to fix it about 1374. Scarcely had a three years' truce, which had been ar- ranged with England, come to an end in February 1584, before the Earl of Douglas had joined in a siege of Loch- 1 Cf. The Douglas Book, i. 253, 254. 2 Ibid., 255. 3 The Douglas Boole, i. 371 ; Rotuli Scotice, i. 960 ; Liber de Metros, ii. 478-480. DOUGLAS, EARL OF DOUGLAS 153 maben Castle, which had been in English hands since 1346, and it surrendered on 4 February, two days after the truce expired. The Duke of Lancaster led a large army as far as Edinburgh, but retired without doing much harm ; and when he withdrew, the Earl of Douglas with a strong force entered Teviotdale, which had also been under English sway since 1346, and partly by force and partly by diplo- macy so wrought that ' nowthir fure na f ute of land ' was left under English rule, except the Castles of Roxburgh and Jedburgh. This was done by the Earl under a special commission, which empowered him to receive the Teviotdale men to allegiance. It was the last public act of the Earl, who, while returning to his Castle of Douglas was seized with fever, and died at Douglas after a brief illness, in or about May 1384. His body was borne to Melrose and interred there.1 Hume of. Godscroft and others have assigned three wives to this Earl of Douglas: first, Margaret, or Agnes, Dunbar,2 who is said to be the mother of James, second Earl of Douglas, and of Archibald Douglas, Lord of •Galloway ; second, Margaret of Mar ; and third, Margaret Stewart, Countess of Mar and Angus. But his only wife was Margaret of Mar, daughter of Donald, and sister of Thomas, Earl of Mar. Douglas and she were married, so far as can be ascertained, in 1357,3 and she survived him, marrying, as her second husband, before July 1388, Sir- John Swinton of Swinton, and dying in 1390. By her the Earl had issue only one son : 4 — 1. JAMES, who succeeded as second Earl of Douglas and Mar ; and a daughter, 2. Isabella, who, after the death of her brother Earl James in 1388, and of her mother in 1390, inherited the estates or earldom of Mar, and her father's un- 1 Three fine seals of this Earl, as ' William, Lord of Douglas,' * William, Earl of Douglas,' and ' William, Earl of Douglas and Marre,' .are engraved in The Douglas Book, i. 291 ; ii. 550, where there is also a small signet used by him. 2 This is probably a case of mistaken identity, as Agnes Dunbar, sister of George, Earl of Dunbar, married in 1372 Sir James Douglas of Dalkeith. 3 This year is fixed on, as there is no earlier mention of his marriage, but it may have taken place somewhat before that date, as the chief evidence is a charter of confirmation of 13 November 1-57 (cf. The Douglas Book, i. 287), which might be after the event. 4 Sir Archibald Douglas, Lord of Galloway, was not a son but a cousin of the first Earl. 154 DOUGLAS, EARL OF DOUGLAS entailed estates of Cavers, Jedburgh Forest, Liddes- dale, the town of Selkirk, the superiority of Buittle and Drumlanrig, with others, the Douglas territory proper being entailed on Sir Archibald Douglas, Lord of Galloway. Isabella Douglas, some time before 1388, married Sir Malcolm Drummond, brother of Annabella Drummond, Queen of King Robert m. In 1400 she and her husband bestowed Liddesdale on her half-brother George, Earl of Angus. (Vol. i. p. 173.) Sir Malcolm was killed in 1402, and Isabella Douglas married in 1404 Alexander Stewart, eldest natural son of Alexander, Earl of Buchan. As Countess of Mar and Garioch, on 12 August of that year, she granted to him the earldom of Mar in terms of a contract betwixt them ; l and on 9 De- cember she renewed the grant, and in a solemn ceremonial declared that she accepted him as her husband, and bestowed on him the earldom, to be held to him and their joint heirs, whom failing, to her own heirs, reserving a liferent to the spouses.2 The Countess survived her second marriage little more than three years, as she died between May and October 1408.3 She appears to have been abroad sa late as 28 July 1408, when she is said to have sold her lands of St. Saens in Normandy, inherited from her father. She had resided there before, and on leaving France placed a statuette or image of her- self in the choir of the church of the Priory of St. Saens as a souvenir. The figure has since been lost.4 Alexander Stewart, Earl of Mar, survived her until 1435, when, as he died without surviving issue, the Mar title and estates reverted to the Crown. A seal of Isabella, Countess of ' Marre and Garviach/ much broken, is engraved in the Douglas Book.5 William, Earl of Douglas, had a natural son George by his sister-in-law Margaret, Countess of Mar and Angus. He succeeded to his mother's estates, and 1 Reg. Mag. Sig., 16 April 1476. 2 Copy charter and instrument in Mar Charter-chest. 3 Orig. writ referring to her as dead, dated 26 October 1408,. Gen. Reg. Ho., No. 220 ; while Exch. Rolls, iv. 86, show she drew her terce money for the Whitsunday term. 4 Les Ecossais en France, par MichelT i. 64. 5 i. 290 ; ii. 550. DOUGLAS, EARL OF DOUGLAS 155 he became EARL OF ANGUS (see that title, where the proceedings are narrated). The Earl had also a natural daughter, Margaret, who married Thomas Johnson, and on 10 November 1404 received from her half-sister Isabella, Countess of Mar, the Mains of Bonjedward and other lands.1 II. JAMES, second Earl of Douglas, succeeded his father in that title, and also in that of Mar. The date of his birth is uncertain, as there is some doubt when his parents were married. Froissart, who saw him at a date not later than 1369, speaks of him as ' a fayre yong divide,' 2 and he may then have been about eleven years old, or even a little older. He was made a Knight in 1371, probably at the coronation of King Robert n., as he is described in that year as Sir James Douglas, son of the Earl of Douglas.3 He appears to have been present at the Parliament of 1373, though his name is not mentioned, as attached to the writ fixing the succession to the throne is a seal which can be no other than his, though the legend is unfortunately imperfect.4 A year later he was a witness to a charter by his father, and in 1375 he travelled into England, from which country also he was permitted to export grain.5 Some time between that and 1380 his father conferred on him the lordship of Liddesdale, as he is designed Sir James Douglas of Liddes- dale in a royal grant of that year of £200 from the customs of Haddington.6 During his father's lifetime little is recorded of Sir James Douglas, but after his father's death he takes a prominent place in history. Earl William had scarcely been buried when, accompanied by a band of thirty French knights, who had come to Scotland in search of adventures, Earl James raided England with a force of 15,000 men. Later, in May 1385, he again invaded England at the head of an army said to consist of 30,000 men, including 2000 French troops which had been sent to Scotland under Sir John de Vienne. The relations between the Scots and the strangers were not, however, cordial, and in a few months the country was relieved of their presence. 1 Antiquities of Aberdeen and Banff, iv. 731. 2 Lord Berners' trans- lation, ii. 396. 3 Exch. Rolls, ii. 364. 4 Acta Part. Scot., i. 549. See fac- simile of seals. 6 Rotuli Scotice, i. 968. • Exch. Rolls, iii. 293. 156 DOUGLAS, EARL OP DOUGLAS The next three years were comparatively peaceful, and the chroniclers are silent, while the Earl's movements are to be learned chiefly from charters witnessed or granted by him, but these need not be noted here. The latest of his own grants is dated on 27 July 1388, only a few days before the date fixed for an invasion of England on a large scale. This invasion had been resolved on at a meeting of nobles held at Aberdeen, and was intended to revenge the devastation caused by King Richard's army in 1385. It resulted in the battle of Otterburn, the many graphic accounts of which need not be repeated here. Suffice it to say that in the dim light of an August evening Sir Henry Percy, * Hotspur,' having marched rapidly from Newcastle, attacked the camp. The Scots were not unprepared, but still the onset was sudden, and it is said part of Douglas's armour was left unfastened in the hurry of putting it on. This may account for the tragedy of his death. For when the English by their weight and greater numbers made the Scots give way, the Earl with a heavy battle-axe or mace rushed into the thick of the fight and smote so strongly that none dare approach him, while he was well supported by his followers, who succeeded in driving back the enemy. But at last he was wounded to the death. He was able to speak a few words of encouragement and advice to his nearest followers ; and as they, in obedience to his last wish, raised his banner, concealing his death, he expired.1 The Scots renewed the combat with increased energy, the English were defeated, and Hotspur and other English noble- men were taken prisoner. The date of the battle of Otter- burn is uncertain, as authorities differ widely on the point, but the Earl's body was borne to Melrose and buried there, about four days after the battle, and the Scottish leaders, after celebrating his obsequies, were able to be present at a general council held at Linlithgow on Tuesday 18 August 1388. On the Earl's death his unentailed territories and 1 The briefest and most probable account of the Earl's death and last words is to be found in Lord Berners' edition of Froissart. The later editions amplify the speech, and Godscroft adds the reference to the prophecy of a dead man winning a field, which seems a traditional afterthought. Wyntoun, a contemporary, says the Earl's death was wholly unknown to the Scots until after the battle was over, when they found his dead body. But Froissart claims to have his account from actors in the conflict. DOUGLAS, EARL OP DOUGLAS 157 the earldom of Mar passed to his sister, while the title and lands of Douglas went to the heir of entail. The Earl's wife was Isabel Stewart, daughter of King Robert n. The dispensation for their union is dated 24 September 1371, but it is not certain whether the marriage took place at that time or two years later, when £500 was paid on account of the marriage-contract.1 She sur- vived the Earl, and married, secondly, before 1390, Sir John Edmonstone, ancestor of the Edmonstones of Duntreath. She died about 1410.2 By her the Earl had, according to Godscroft, one son, but he died in infancy, and his name has not been recorded. The Earl had also two natural sons and a daughter : — 1. William, who had a grant from his father of the lands of Drumlanrig,3 and who became the ancestor of the Douglases ot Drumlanrig, Dukes and Marquesses of Queensberry. 2. Archibald, who received the lands of Cavers from his aunt Isabel, Oountess of Mar, some time before 1405. In 1412 King James I. confirmed the grant, and Archibald's descendants still possess the lands.4 3. Eleanor, who married Sir William Fraser, second of Philorth. They received from her aunt Isabel, Oountess of Mar, on 8 December 1404, certain lands in the shire of Banff.5 From them the Frasers, Lords Saltoun, descend. No engraving of the Earl's seal is known. His seal as Sir James Douglas is attached to the Act of Succession in 1373, showing a shield bearing on a chief three stars, sur- mounted by a label of three points, with a heart in base ; supporters, two lions.6 Descriptions of other seals used by him as Earl are found, showing his father's cognisance of Douglas quartered with the arms of Mar.7 III. ARCHIBALD DOUGLAS, styled 4 the Grim,' who succeeded to the estates and title of Douglas, was, as already stated, 1 Exch. Rolls, ii. 433. 2 Ibid., iv. 120. 3 Original Charter at Drumlanrig, Fifteenth Rep. Hist. MSS. Com., App. viii. 8. * Original Charter at Cavers, Seventh Rep. Hist. MSS. Com., App., 727. 6 The Frasers of Philorth, i. 122, where see reasons for assigning Eleanor as daughter of Earl James. 6 Acta Parl. Scot., i. 549. Facsimile. 7 Haddington Book, ii. 225, 226 ; The Douglas Book, iii. 71. 158 DOUGLAS, EARL OF DOUGLAS a natural son of the ' good Sir James.' His parentage has been much discussed, and even Lord Hailes was puzzled, and assigns a * capricious entail ' as the reason for his accession. He did succeed under the entail of 1342, already described (p. 147 ante), which was unknown to Lord Hailes, but there he is distinctly named as son of the late Sir James Douglas. There is further proof of the fact in a charter by himself to the monastery of Holywood, where he speaks of his father the late Sir James Douglas, and other evidence might be quoted.1 He must have been very young at his father's death in 1330, as he is not named in record for nearly thirty years afterwards, and he survived his father for seventy years. His first appearance in history was at the battle of Poitiers on 19 September 1356, whither he had gone with Sir William Douglas and other Scottish nobles. He was taken prisoner, but escaped captivity by a ruse practised by Sir William Ramsay of Colluthie, who treated him as a camp-follower, and, boxing his ears, dis- missed him, after paying forty shillings for his ransom, with apparent contempt.2 But although Archibald Douglas escaped being made prisoner at Poitiers, he did fall into English hands a few months later ; but the details are not known, and he was soon released, as he was made a captive in time of truce. On his release he received a safe-conduct, dated 16 Nov- ember 1357, in which he is described as a Knight, but when or how he received the honour is not known. Between 1361 and 1364 he held the office of Constable of the Castle of Edinburgh, at a yearly fee of 200 merks. During that period the insurrection of his kinsman the Earl of Douglas, and the High Steward, took place, but Sir Archibald ad- hered to the King's party, and witnessed the submission of the Steward and his sons. In August 1364 Sir Archibald is found acting as Warden of the West Marches, an office which he held during his life. His first recorded act as Warden was an agreement as to Lochmaben Castle, which was then in the hands of the English Earl of Hereford. He also appears in the 1 Reg. Mag. Sig., fol. vol., p. 106, No. 56; cf. Liber Pluscardensis, ed. 1877, i. 300. 2 See the story in Fordun a Goodall, ii. 358 ; Liber Pluscar- densis, loc. cit. DOUGLAS, EARL OF DOUGLAS 159 various parliaments of the time. In 1369 he entered upon that possession which earned him the distinctive appella- tion of Lord of Galloway. The chiefs of that district had always been troublesome to the Scottish Grown, with a tendency to revert to English rule when they could. In 1353, however, William, afterwards first Earl of Douglas, had compelled them to return to their allegiance to the Scottish King, and they had since remained faithful. As Sir Archibald had probably shown energy in assisting his kinsman, and had manifested that he was eminently fitted to control the restless Galwegians, King David 11. bestowed upon him all Galloway betwixt the Nith and the Oree, by a charter dated 18 September 1369,1 which refers to his diligent labour and grateful service, and Sir Richard Maitland says he received that territory ' becaus he tuke grit trawell to purge the cuntrey of Englis blude.' A few years later Thomas Fleming, Earl of Wigtown, who held the other portion of the district called Galloway, sold his earldom to Sir Archibald, the main reason being that he could not govern his territory properly, and serious discords and deadly feuds had arisen between him and the minor chiefs of the earldom.2 Sir Archibald's grip of the terri- tory was strong and just, and from his time that district gave no further trouble. In 1369 and 1371 Sir Archibald was sent on embassies to France,3 but while in Scotland he was chiefly occupied in his duties as Warden of the Marches. Sir Archibald Douglas was one of the leaders of the larger division of the Scottish army which invaded the West March of England in 1388. They did much damage, but their success was marred by the news of the death of the Earl of Douglas at Otterburn. By his decease the estates of Douglas fell to Sir Archibald, as next surviving heir named in the entail of 1342, though he did not at once assume the title of Earl, but took steps to complete his title to the lands. His succession was interfered with by Sir Malcolm Drummond, husband of Isabel Douglas, sister of Earl James, and now Countess of Mar, who had pro- 1 Reg. Mag. Sig., i. 69, No. 233. 2 So stated in his grant to Douglas, 8 February 1372, confirmed by Robert n. 7 October same year ; Eeg. Mag. Sig., i. 114, No. 5. 3 Exch. Rolls, iii. xcvii.-civ. 160 DOUGLAS, EARL OF DOUGLAS cured a brief from Chancery for infefting himself in the lands of Selkirk Forest. But these were included in the entail, and the brieve was declared null, while the Chan- cellor was censured for issuing it to Sir Malcolm. This was in the Parliament of April 1389, and a few days later Sir Archibald produced on his own behalf a charter by the King declaring it to be evident that Douglasdale and other lands named in the writ of 1342 fell to Sir Archibald by entail, upon which he was declared to be legally infeft in the lands. Other claimants were directed to proceed by ordinary course of law, but all sasines given in violation of that charter were pronounced by Parliament to be utterly ineffectual against Sir Archibald.1 Soon afterwards the latter took the title of, or was created, Earl of Douglas, retaining in addition his former designation of Lord of Galloway.2 In 1389 a truce was made with England, which in 1391 was settled on a more enduring basis in terms of the treaty with France, which had been arranged by Douglas in 1371, and as the peace lasted to the close of the Earl's life, he figures on the page of history only at intervals. His later years are marked by considerable benefactions to the Church, although he had always been accounted a good friend to the clergy. Indeed, shortly after he became Lord of Galloway, in 1369, he granted the lands of Cross- michael and Troqueer to the monastery of Holywood for the support of a hospital for poor and infirm persons. This charity was for the weal of the souls of King Robert Bruce, Edward his brother, David n., and of the granter's own father Sir James, Lord of Douglas.3 The Earl also, at a later but uncertain date, turned his attention to Lin- cluden, another religious house in his territory. It had been a nunnery, but the Earl removed the nuns, and erected the building into a collegiate establishment, consisting of a provost, eight prebendaries, twenty-four beadsmen, and a chaplain.4 The building was finished in a magnificent style of architecture, and it is said the place, which is beautifully situated, was a favourite residence of the Earls 1 Acta ParL Scot., i. 557, 558. 2 He is so designed on 12 August 1389 ; Ant. Aberdeen and Banff, ii. 31; cf. iii. 269. 3 Reg. Mag. Sig., i. 106, where the conditions of the grant are laid down. 4 Cf. Lands and their Owners in Galloway, v. 140. DOUGLAS, EARL OP DOUGLAS 161 of Douglas.1 The Earl also apparently restored the Abbey of Sweetheart or Newabbey, originally founded on 10 April 1273 by Devorgilla of Baliol,2 but which had suffered much from fire and pillage. The Earl is described in a writ of 1381 as founder and reformer of the monastery, and his benefactions to it were probably liberal; and only three years before his death he made a grant to the Abbey for his own soul and that of Joanna, his spouse, Archibald and James, their sons, and for his own father and mother, but he does not name the latter.3 His last great architectural work was the founding and building the collegiate church of Bothwell, begun on 10 October 1398. It became a very stately structure, not large, but containing Gothic work of a very fine character. The Earl's arms and those of his wife are still to be seen cut in stone.4 These donations procured for the Earl the good word of the historians of his day, who were all Churchmen, and they praise him highly, not altogether without warrant, for liberality, but also for justice and faithfulness to his promises, though other and later writers have not been so lenient to his memory. One of the last acts of his life led, at a later date, to unhappy consequences. He was the means of breaking off the betrothal of David, Duke of Rothesay, to Elizabeth Dunbar, daughter of George, Earl of March, and he married the Duke to his own daughter Mary. The Earl of March was greatly offended, and stirred up the English King to invade Scotland. The exact date of the Earl's death is a little uncertain, but it must have taken place before 9 February 1400-1, and it is probable, though the statement is made by a late writer, that he died on Christmas Eve 1400.5 His wife was Joanna Moray, widow of Sir Thomas Moray of Bothwell. On 23 July 1362 a dispensation was granted for their marriage, in which she is described as a widow, and the relict of Sir Thomas Moray.6 This statement has been ignored by all historians of the Douglases, including Sir William Fraser, who maintains that * it conflicts with all evidence on the subject of Sir Thomas Moray's descent, 1 Cf. Douglas Book, i. 349, and illustrations between 398 and 399. 2 Laing Charters, No. 48. 3 Douglas Book, i. 349, 350, and notes. 4 Ibid., 350, 351, and note. 5 Gray's MS. Chronicle, quoted in Mr. Riddell's Stewartiana, 97. 6 Theiner's Vetera Monumenta, No. DCXLVII. VOL. III. L 162 DOUGLAS, EARL OF DOUGLAS and with the fact that Joanna of Moray calls herself, and is styled, Lady of Bothwell.' He therefore holds with others that Joanna was the daughter and heiress of Sir 'Thomas. But Sir William was not aware of evidence proving that the dispensation is right, and that Joanna was a widow when Sir Archibald Douglas married her. In or about 1362, while still a widow, Joanna, styling herself Lady of Drumsargard, granted to her uncle, Walter Moray, certain lands in her barony of Oortachie, co. Forfar, and this grant was confirmed by her mother, Joanna of Men- teith, as chief lady of the barony.1 The barony had been granted to Joanna of Menteith herself by her first husband, Malise, Earl of Strathearn,2 while Joanna Moray was her daughter by her third husband Maurice Moray of Drum- sargard, who was created Earl of Strathearn by King David ii. Joanna was thus Lady of Drumsargard as heir of her father, and she was Lady of Bothwell as conjunct fiar with her husband, Sir Thomas Moray of Bothwell, who died in 1361. The extraordinary feature of the case is that Sir Archibald Douglas not only married Joanna, but became possessor of all the lands of which she was liferentrix. It has been supposed that an intention to dispute possession of Bothwell was indicated by Alexander Moray, brother of Maurice, whom Queen Euphemia, by an agreement in 1375, bound herself to support in regaining his heritage,3 but his right to Bothwell is not clear, and nothing came of the proposal. It was probably as a safeguard against similar claims that Sir Archibald Douglas, when about to leave for France in 1371, obtained from King Robert n. a grant of all the casualties due to the Crown from the lands and offices of his wife. If she died without issue, the King renounced all claim to her heritable estate, and declared that Sir Archibald Douglas and his heirs should hold the same as freely as did the predecessors of Joanna of Moray.4 This, considering that Joanna was only, so far as is known, a liferentrix, is a remarkable arrangement, and shows the influence of Sir Archibald. It may be noted that where Sir Archibald Douglas granted lands which belonged pro- 1 Laing Charters, No. 379. 2 Robertson's Index. 3 Crawford's Peerage, under Bothweli, where the agreement is given at length. 4 Peg. Mag. Sig., i. 87, No. 305. DOUGLAS, EARL OF DOUGLAS 163 perly to the Morays of Bothwell, it was made a condition that the lands should be held of their heirs, or the heirs of Joanna Moray.1 She survived the Earl, and after his death granted portions of the heritage of Bothwell in her own name.2 She was alive in January 1403, and probably died before August 1409, but the date of her death has not been precisely ascertained. By her the third Earl of Douglas had issue : — 1. ARCHIBALD, who succeeded as fourth Earl. (See below.) 2. JAMES, who about 1440 became seventh Earl. (See below.) 3. Mary or Marjory, married in February 1399-1400 to David, Duke of Rothesay, Prince of Scotland, without issue. He died in 1402, and about 1403 she married, secondly, Sir Walter Haliburton, younger of Dirleton, after wards. Treasurer of Scotland. She died about 1420.3 Archibald, third Earl of Douglas, had also a natural son William, known as Lord of Nithsdale, who seems to have largely inherited the characteristics of his grandfather Sir James, and whose career, as told by the historians of the time, reads like a romance. It is probably he who as William Douglas of Scotland is mentioned in the English records in 1372 as having a dispute about the marches with Henry Lord Percy," though he is not named in Scottish record before 1384. In 1385, when the Scoto-French army beset Carlisle, he is said to have performed prodigies of valour. In 1388 he made a descent on Ireland in retaliation for raids made by the Irish on Galloway. On his return he ravaged the Isle of Man, and landed in Scotland again in time to join his father and the other leaders who invaded Cumberland. In the same year he received from his father a charter of the lands of Harbertshire, co. Stirling. He is said by Bower to have gone in 1389 to Dantzic, in Prussia, with a number of other Scottish knights, and there 1 The Douglas Book, i. 333 and notes. 2 Ibid., 353. 3 Exch. Rolls, Hi. and iv. per Indices. Eleanor, another daughter assigned to this Earl, has more correctly been placed under Earl James. Cf. p. 157, supra. 4 Gal. Doc. Scot., iv. No. 203. He is designed 'of Scotland' in 1390 (see infra), when it was certainly William of Nithsdale that is meant. 164 DOUGLAS, EARL OF DOUGLAS to have been assassinated at the instance of an Englishman, Lord Clifford, with whom he had a quarrel. But the story of his alleged murder is a doubtful one, especially as the only 'Lord Clifford' known, Sir Thomas Clifford, died between July and November 1391, l while Sir William Douglas was alive, if not actually in Scotland, at Martinmas 1390, and seems to have drawn his share of the burgh rents of Dumfries for a good part of 1392.2 He therefore probably died in that year, thus surviving his alleged assassin. Sir William Douglas of Nithsdale married about 1387 Egidia Stewart, a daughter of King Robert n., and said to have been one of the most beautiful women of her time. No record of her appears after 1388, and it is not known when she died. Sir William had issue : — (1) Sir William Douglas of Nithsdale, who appears by that designation so early as 1402, when he appears in the list of prisoners taken at Homildon. Later he is named as a party to writs affecting, or a witness to charters by, his uncle Archibald, fourth Earl of Douglas.3 But his career was short, as he was taken prisoner in some skirmish on the west marches, sent to Westminster, and committed to the Tower of London on 26 August 141 9.4 He probably died there, as he appears no more on record, and his sister became his heir. (2) Egidia, a daughter of Egidia Stewart, who married about 1407 Henry St. Clair, Earl of Orkney, and had issue, William, Earl of Orkney, who in 1456 is described as the grandson of Sir William Douglas of Nithsdale.6 On 29 April 1418 a Papal dispensation was granted for the marriage of Egidia Douglas, relict of Sir Henry Sinclair, with Alexander Stewart,6 per- haps the third son of Murdach, afterwards second Duke of Albany. He was executed with his father in 1425, ap- parently without issue. In 1438, Egidia Douglas had suc- ceeded to her brother in the territory of Nithsdale.7 1 Patent Rolls, Richard n., iv. 473, 499 n. It may be noted that Sir William had a safe-conduct to England in June 1390 to tilt with Clifford (Cal. Doc. Scot., iv. No. 414). 2 Exch. Rolls, iii. 281, 332. 3 Hist. MSS. Rep., x. App. vi. 77; Douglas Book, i. 358, 359, for references. He was certainly a son of Sir William Douglas of Nithsdale, and a nephew of the fourth Earl of Douglas, but he may not have been a son of Egidia Stewart. * Cal. Doc. Scot., iv. Nos. 892, 893. 5 Douglas Book, iii. 82. 6 Andrew Stuart's Genealogy of the Stewarts, 449. The degrees of relationship given in the dispensation certainly apply to the parties here named, but otherwise the evidence for that Alexander Stewart is uncertain. 7 The Douglas Book, iii. 81, 82, 404, 422. DOUGLAS, EARL OF DOUGLAS 165 Three seals of Sir Archibald, third Earl of Douglas and Lord of Galloway, are engraved in the Douglas Book.1 A fine seal with a double shield showing the Douglas arms on one side, and the arms of Joanna Moray, three stars two and one (without any tressure), on the other, is attached to a charter by her dated at Bothwell 9 February 1400-1. 2 IV. ARCHIBALD, fourth Earl of Douglas, succeeded to his father about December 1400, certainly before February 1401. He was probably born about or after 1372, and during his father's lifetime was styled Master of Douglas. On 4 June 1400 he was appointed Keeper of the Castle of Edinburgh for life. Previous to this the Master had been active in punishing the Earl of March, who, taking offence at the slight upon his daughter, had passed into England, soon after which* Douglas seized his castle of Dunbar. In retaliation March allied himself with the English Wardens in raiding Scotland, but in 1400 was defeated by Douglas, who held for a time the territories of the banished Earl, and added to his other titles that of Lord of Dunbar. In October 1401 he was residing at Dunbar and dealing with the lands of the earldom of March as his own.3 In the spring of 1402 Douglas in concert with Albany arranged a series of incursions into England, which led to serious hostilities, ending in the Scots being defeated at Nesbit Muir 22 June, and at Homildon Hill 14 September, 1402. At the last battle Douglas was severely wounded and lost an eye. On 21 July 1403 he fought side by side with his former opponent Henry Percy at the battle of Shrewsbury against King Henry iv. Percy was killed, and his army as a consequence defeated, while Douglas was again taken prisoner. He seems to have been kept in close custody for some time, but later procured some enlargement, and from 1405 onwards we find him frequently in Scotland on safe- conducts, hostages being given for his due return. He also entered into various agreements with the English King. On 20 June 1408 he had a safe-conduct to Scotland on conditions of return, but he remained in Scotland, notwith- 1 i. 354 ; ii. 551. 2 Swinton Charter, No. 15, at present in H.M. Gen. Reg. Ho. 3 Cf. The Swintons of that Ilk, xiv.-xvii. 32 ; Orig. Charter in Gen. Reg. Ho., Swinton Writs, No. 16. 166 DOUGLAS, EARL OF DOUGLAS standing all remonstrances from King Henry, though he seems to have paid up his ransom, and apparently he was set finally free after the death of Henry iv. in 1413.1 In 1415 and 1416 he took an active part in negotiations for the release of King James I., then a captive in England. In October 1423 he accepted an invitation from the Dauphin of France to visit that country and aid him. He left Scot- land in February 1424, and after a stormy voyage landed at Rochelle, with ten thousand knights and soldiers. At Bourges on 19 April he swore fealty to King Charles vii. of France, who appointed him Lieutenant-General of his Forces, and bestowed upon him the duchy of Touraine, giving him the rank of a Duke of France.2 There was some objection made by the French Exchequer, or Ohambre des Oomptes, to passing the royal charter of the duchy, but the Bang compelled them to consent, and soon afterwards it was completed in the French Parliament. The Duke, however, did not long enjoy his new dignity. He and his fellow-commander, the Earl of Buchan, were ordered to raise the siege of the Castle of Ivry, but reached that place too late, and fell back on the town of Verneuil, which was then in the hands of the English, but which the Duke's Scottish troops won from them by a stratagem. To this town the English general, John, Duke of Bedford, pursued the Scoto-French army, and on 17 August 1424 inflicted a decisive defeat on the allies. The Duke of Touraine and his second son James were among those who fell, and their bodies were ransomed from the English, borne to Tours, and on 24 August 1424 were buried, without pomp, in the same grave in the middle of the choir of the Cathedral.3 The fourth Earl of Douglas married, during his father's lifetime and some time before 1390, Margaret Stewart, the eldest daughter of John, Earl of Carrick, afterwards King Robert in. She survived her husband, and was styled after his death Duchess of Touraine, as well as Countess of Douglas and Lady of Galloway, although the duchy which gave the title was, not long after the death of 1 Cf. Douglas Book, i. 371-378. 2 See the oath, in A. Stuart's Genealogy of the Stewarts, 137-139 ; extract from Anselme's History, Douglas Book, iii. 374, 375. s Ibid., i. 393, 394, and authorities cited. DOUGLAS, EAKL OF DOUGLAS 167 Douglas, bestowed by King Charles vii. on Louis of Anjou. The Countess in or about 1448 made an attempt to claim her terce out of the duchy of Touraine, and its rents and revenues. She sent her petition by William, Lord Crichton, Chancellor of King James n., who was her nephew, and her request was accompanied by a similar claim from William, eighth Earl of Douglas. Both claims were re- fused.1 The Countess survived until January 1449-50, and how long afterwards is not certain, but she was dead in September 1456.2 She is said to have been very gentle in her sway of Galloway, where she resided at the Castle of Thrieve. She is believed to have died there, and her tomb may be seen in the chancel of the ruined church of Lin- cluden, inscribed to her memory, ornamented with beautiful carving and adorned with armorial shields.3 The fourth EarLand his Countess had issue : — 1. ARCHIBALD, fifth Earl of Douglas. 2. Sir James, who frequently acted as hostage for his father, and who is named in the agreement with the Duke of Albany, already noted. He was himself a captive in England in 1418 and 1419, but was ran- somed in 1419. He went with his father to France, was knighted before the battle of Verneuil, where he was killed. So far as has been ascertained, he was unmarried. 3. Elizabeth, married, first, in 1413, to John Stewart, Earl of Buchan (see that title), who was killed at Verneuil, issue one daughter (see title Winton) ; secondly, with- out issue, to Sir Thomas Stewart, natural son of Alex- ander Stewart, Earl of Mar, and was again a widow before 1435; thirdly, to William Sinclair, Earl of Orkney and Caithness (see these titles), who survived her. She is said to have founded the crypt at the east end of Roslin Chapel. Over the door of the crypt is, or was, the inscription 'Forte est vinum, fortior est Rex, fortiores sunt mulieres, super 1 The grounds of refusal are stated from the original French in Douglas Book, iii. 375-379 ; see Ibid., i. 396 n., 397, for the probably correct date of the Countess's letter, and a summary of the French King's reply. 2 Ada Parl. Scot., ii. 64 ; Exch. Rolls, vi. 196. 3 See plates in Douglas Book, i. 398, 399 ; also p. 400 ; and Ibid., ii. 551, 552, for engravings of armorial seals of the Earl and his Countess. 168 DOUGLAS, EARL OF DOUGLAS omnia vincit veritas.' l The Countess died about 1451.2 V. ARCHIBALD, fifth Earl of Douglas, who assumed also the titular rank of Duke of Touraine, was probably born in or about the year 1390. He was one of the hostages for his father in 1405 and later years, and apparently spent a good part of his youth in England. In 1414, he appears as one of his father's squires,3 and in August 1418 he, as Master of Douglas, confirmed a grant made by his father/ Not long after this he was selected by Parliament as one of the leaders of a large body of Scots who were sent to France to aid the Dauphin against the English. In connection with this expedition he is invariably styled EARL OF WIGTOWN, and though no evidence of a formal creation has been found, the new title was probably conferred by the Regent Albany to give dignity to the Master of Douglas in his new capacity. He retained the title during his father's lifetime and bore it on his seal.6 The new Earl landed with his forces at Rochelle in 1419, but they did little more than frontier duty till 21 March 1421, when the allied Scots and French completely defeated the English at Bauge. As a reward for this success the Earl received the lands of Dun-la-Roy in Berry, and also the earldom of Longueville in Normandy, but the latter was apparently only a title. Other engagements, with varying success, took place between the allies and the English, until at Orevant, in July 1422, the Scots were severely routed. One result of this defeat was that the Earls of Wigtown and Buchan went to Scotland to solicit the aid of the Earl of Douglas, with the result already narrated in the previous memoir. The Earl of Wigtown did not accompany his father to France, partly, it is said, on account of sickness, but no doubt also because he was now the only representative of his family in Scotland. He met the lately released King James I. on his return to Scotland, was present at his coronation, and there knighted, on 21 May 1424.6 In 1 Quoted in Keith's Bishops, 471. 2 Exch. Rolls, v. 516 ; vi. 267, 268 ; see also Douglas Book, i. 398 n., as to probable natural children of the Earl. 3 Reg. Mag. Sig., 3 January 1426. 4 Liber Insule Missarum, Hi. 6 See engraving Douglas Book, i. 422. 6 Liber Pluscardensis, i. 370. DOUGLAS, EARL OP DOUGLAS 169 August of that year the Earl by the death of his father became fifth Earl of Douglas and second Duke of Touraine. The fact of his accession to the dukedom was signalised by an order by the magistrates of Tours for payment of £1000 to him, in view of his future assumption of the dignity. But on a false report of his death King Charles vii. bestowed the Duchy on Louis d'Anjou, King of Sicily, and it does not appear that the Earl of Douglas took any steps to reclaim his rights.1 He styled himself Duke of Touraine in his charters, though the title was not officially given to him in Scotland. The Earl was present at the celebration at St. Andrews in January 1425-26 of the King's birthday, but little else is recorded of him until April 1429, when he attended the Parliament at Perth, and was named on a commission to negotiate a truce with England. He, how- ever, went north wth the King on his expedition against the rebellious Lord of the Isles, who was defeated at Lochaber in June 1429. He returned with King James to Perth, but nothing of great interest is noted regarding him until 1431, when, without any cause now discoverable, he and another nephew of the King, Sir John Kennedy of Oassillis, were arrested, and the Earl was imprisoned in Lochleven Oastle. But by the influence of the Queen, nobles, and bishops the Earl was released in the end of September same year.2 The Earl's name from this date to the death of King James i. is connected chiefly with the granting of charters. One of these suggests that he was the first builder of the Oastle of Newark, so picturesquely situated in 4 Yarrow's birchen bower,1 as he is the first to mention it in a charter dated 2 March 1423-24.3 A gift of two rnerks Scots yearly to the Canons of St. Andrews reveals the fact that on or near the high altar in the cathedral there stood, and had stood for a long time, an image commonly called the Douglas Lady.4 On the murder of the King at Perth, 20 February 1437, Douglas was appointed Lieutenant-General of the 1 Cf. as to the Earl's accession in Les Ecossais en France, by Michel, i. 149, 150, notes, but Michel is incorrect in his statement that the Earl, with his mother and his wife, claimed the Duchy. The claim was made in 1448, by the eighth Earl of Douglas. 2 Fordun a, Goodall, ii. 490. 3 Cf. Reg. Mag, Sig., 28 August 1426. « Reg. Prior. S. Andree, 406,407. 170 DOUGLAS, EARL OF DOUGLAS Kingdom/ and held the office till his death, taking an active part in affairs. But whatever benefits might have accrued to the country by the Earl's government were checked by his death, which took place at Bestalrig, of fever, on 26 June 1439. His body was conveyed to the Church of St. Bride's of Douglas, and interred there, where a magnificent monument to his memory was erected, and is still preserved. The fifth Earl of Douglas married, in 1424, or early in 1425, Euphemia, elder daughter of Sir Patrick Graham of Kincardine, by his wife Euphemia Stewart, Countess Pala- tine of Strathearn. A Papal dispensation on account of their consanguinity was obtained on 26 June 1425, but they are then described as married persons. She survived the Earl and married, secondly, James Hamilton, Lord of Cadzow, afterwards first Lord Hamilton (see that title) with issue. She died in 1468 or 1469. By her the fifth Earl had three children, two sons and a daughter : — 1. WILLIAM, who succeeded as sixth Earl of Douglas. 2. David, who was killed, with his brother, in Edinburgh Castle, on 24 November 1440, without issue. 3. Margaret, known as the 'Pair Maid of Galloway/ She married successively the eighth and ninth Earls of Douglas, and further reference to her will be found in their memoirs. VI. WILLIAM, sixth Earl of Douglas, and third titular Duke of Touraine, which title he also assumed, was born about 1425, as he is said to have been fourteen when he succeeded to his father. One authority implies he was born in 1422, but this seems inconsistent with the probable date of his parents' marriage. When a child of five years old, he was present at the baptism, in October 1430, of the twin sons of King James i., and then received the rank of knighthood, with the two young princes, and others, all of * tender age.' The Earl's career was very brief, as not only was he young when he succeeded, but he was Earl for barely eighteen months. Yet he has been charged by Boece, who has been followed by others, with unbounded 1 Acta Part. Scot. , ii. 31 ; Exch. Eolls v. ; Laing Charters, No. 117, of date 2 July 1438. DOUGLAS, EARL OF DOUGLAS 171 pride and arrogance, and the entertaining of schemes of policy and ambition worthy of the most experienced states- man. But Boece wrote in the reign of King James v., and his history has therefore a strong animus against the Douglases. Godscrof t, on the other hand, was the apologist of the family, and what he tells us of the young Earl points to nothing more than an extravagant style of living and a youthful tendency to show and unnecessary magnificence — an ex- aggeration of the traditions of his rank. We have in genuine record absolutely no facts on which to found reasons for the tragedy which befell this Earl of Douglas. Boece says that one of his first acts was to send to France and do homage for the Duchy of Touraine. But no evidence has been found of this, and Boece has apparently confounded this William with his successor and namesake the eighth Earl. The only recorded appearance of the Earl in public affairs was his attendance at the General Council which sat at Stirling in September 1439. It was probably on account of the jealousy of the potential influence of the young Earl entertained by Chancellor Orichton and Sir Alexander Livingston that he and his brother were invited to Edinburgh Castle, there arrested, and after a mere form of trial in the presence of the boy- King, condemned, and shortly afterwards beheaded in the castleyard on 24 November 1440,1 while their attendant Sir Malcolm Fleming shared the same fate a few days later. Of this tragedy John Major, who is comparatively un- prejudiced, simply says, 'I have read in the annals that these men were not guilty of death, but that this crime was perpetrated by the advice or stratagem of William Crichton, Chancellor of Scotland.' 2 It is certain that by the Earl's death the great terri- tories of the family were divided, at least for a time. Douglasdale and other entailed estates passed, under the entail of 1342, to James, Earl of Avondale, second son of Archibald, ' the Grim,' third Earl of Douglas, while Gallo- way, east and west, with all the lands acquired through Joanna Moray, the Lady of Bothwell, devolved on Margaret Douglas, the only sister of Earl William. The great district 1 Sir W. Fraser in his Douglas Book, i. 427, inadvertently gives the year 1439, but 1440 is correct ; cf. Ibid., 500. 2 Majoris Historia. 172 DOUGLAS, EARL OP DOUGLAS of Annandale passed into the hands of the Crown, and was thenceforth administered by the royal officers.1 Earl William married, but in what year is uncertain, Jean or Janet Lindsay, the daughter, not of David, the first Earl of Crawford, nor of Alexander, the second Earl, as variously stated, but of David, third Earl of Crawford. Boece, who calls her Matilda, and the daughter of the first Earl, says she was the first wife of the fifth Earl of Douglas, and that the marriage was celebrated at Dundee with great pomp and magnificence. The last statement is probable, but she is styled ' Dame Jehan Lindsay,' daughter of David, Earl of Crawford, in a writ by herself, dated, at the Friars Church of Dundee, 29 October 1445, by which she renounced to the then Earl of Douglas all rights she had through the decease of the late William, Duke of Touraine and Earl of Douglas, her spouse, except her terce of Annandale, if recovered from the Crown, and she gave £40 of her terce lands in Ettrick in exchange for £40 in Balvany.2 She also promised, if the Earl provided her a husband, she would give up the £40, but she was apparently still a widow in 1473,3 and died apparently between 1482 and 1484. The seal of Earl William, as William, Duke of Touraine, Earl of Douglas and Longavile, etc., is engraved in the Douglas Book.4 As he died without issue, he was succeeded by his granduncle, VII. JAMES, the second son of Archibald, 'the Grim,' third Earl of Douglas, as the heir-male under the entail of 1342. In his earlier years, when he was known as James Douglas of Balvany, an estate in Banffshire given him by his brother the fourth Earl,5 he was of a violent and impetuous temperament, as his treatment of the Customs officers testifies.' Another exploit of his might be patriotic, but it was cruel, the burning of the town of Berwick in 1405, a fact which he defended with much spirit in a letter to King Henry iv.7 A more private act of violence was committed by him a few months later, an 1 Exch. Rolls, v. vi., etc. 2 Instrument narrating her grant, 14 January 1449-50, in H.M. Gen. Reg. Ho., No. 321. 3 Reg. Mag. Sig., 13 October 1472, 22 January 1472-73; Exch. Rolls, vii. pref. Ixiv-lxvi, and authorities cited. M. 430; ii. 553. 6 Reg. Mag. Sig., 18 April and 11 May 1426. 6 Exch. Rolls, iii. iv. * Douglas Book, iv. 67. DOUGLAS, EARL OF DOUGLAS 173 attack upon and the murder of Sir David Fleming of Biggar, while riding over Lang Hermandston Moor near Haddington, in or about February 1406. In 1409 Douglas was Warden of the Marches, and as such superintended the demolition of the old Castle of Jedburgh. Besides Balvany, James Douglas held from his brother the lands and baronies of Avoch, Edderdor, Strathern, and Brachly in Inverness-shire ; Boharm and others in Banffshire; with the baronies of Aberdour and Rattray in Buchan, and parts of Petty, Duffus, and others in Morayshire.1 He had also in 1408 the strong Castle of Abercorn, in co. Linlithgow, and apparently possessed the above also at the same date. He was one of those who met King James i. at Durham, and accompanied him to Scotland in April 1424, and the following year he was one of the jurors who^ sat on the trial of Murdoch, Duke of Albany and the Earl of Lennox. In 1437, probably about the time when his nephew the fifth Earl of Douglas was made Lieutenant-General, James Douglas was appointed Justice-General of Scotland, and he was also created EARL OF AVONDALE AND LORD BALVANY.2 He appears both as Earl and as Justice-General in a decision dated at Jedburgh on 28 November 1437, as to the ownership of the East Mains of Hawick.3 The Earl was also employed in other services, but he does not appear largely in public affairs after 1438, one reason no doubt being increasing corpulence, which in his case is said to have been excessive. In 1440, as already stated, he succeeded his grandnephew as seventh Earl of Douglas, and the latest public reference to him is his presence at a great General Council in April 1441. 4 He died, so far as a comparison of authorities can be relied upon, on 25 March 1443,5 apparently at Abercorn, and his body was carried to Douglas and buried there. The monu- ment erected to him and his Countess still stands, and his effigy bears out the statement made by contemporary chroniclers as to his extreme obesity.6 There is no seal of this James of Douglas known to be engraved, nor recorded anywhere, but his seal as Justiciar of the Kingdom of Scot- land is reproduced in the Douglas Book.1 1 Douglas Book, i. 437, and authorities cited. 2 Ibid., 439, and note 2. 3 Ibid. 4 Acta Parl. Scot., ii. 56, 57. 5 Douglas Book, i. 442, 443, note 1. 6 Auchinleck Chron., pp. 4, 35. 1 Douglas Book, i. 446 ; ii. 553. 174 DOUGLAS, EARL OF DOUGLAS He appears to have been twice married. His only re- corded wife is Beatrice Sinclair noted below, but lie is three times within a year styled ' brother ' by Murdach, Duke of Albany, which suggests either that he married an unknown or a widowed daughter of Robert, Duke of Albany, or that he married a sister-in-law of Duke Mur- dach. But no evidence on the point has been discovered, and she must have deceased before 1424, without issue. The only wife whose name appears on his monument is Beatrix Sinclair, described as daughter of Henry, Earl of Orkney.1 They were married before 7 March 1425-26, when King James I. granted to them certain lands in con- junct fee, and it is the earliest date at which they are named as husband and wife ; but she is frequently men- tioned in later writs. Countess Beatrix survived her husband many years, and in 1455 was forfeited for aiding her sons in their rebellion against King James n. She seems to have escaped to England, and died before 8 February 1463.2 This Earl and Countess Beatrix had issue, all named as their children on their monument : — 1. WILLIAM, who succeeded as eighth Earl of Douglas. 2. JAMES, who became ninth and last Earl of Douglas. 3. Archibald, Earl of Moray. (See that title.) 4. Hugh, Earl of Ormond. (See that title.) 5. John of Balvany,3 who is first named in 1451, in charters of entail granted by his brother William, eighth Earl of Douglas. Holland, in his Buke of the Howlat, implies that in 1453 he was but a youth. In 1453 and 1454 he is named in safe-conducts to England. He joined with his brothers, the Earls of Moray and Ormond, in their rising in Eskdale, and was present at their defeat at Arkinholm on 1 May 1455, but escaped from the battle. He was forfeited with the rest of his family and joined his mother and brother James in England. He was ultimately beheaded for sedition at some date in the end of 1463 or beginning of 1464. A price of 1200 merks had been placed on his head, and on 18 March 1 Cf . inscription, Douglas Book, ii. 623. 2 Charters of St. Giles, 109. 3 He is sometimes called Lord of Balvany, but in charters and Acts of Parlia- ment he is styled 'John Douglas of Balvany.' DOUGLAS, EARL OP DOUGLAS 175 1463-64 500 merks of that sum was paid to a certain John Scot and eight others, after his execution.1 So far as has been discovered, he died unmarried and without issue. 6. Henry, of whom nothing is known except his name on the tomb, but who may be identical with the George alleged by Godscroft to be the youngest brother, and who is said to have accompanied his brother, the eighth Earl, to Rome in 1450. He was being edu- cated at Paris for the Church, but died on the journey to Rome, at the early age of fifteen.2 No George is commemorated on the monument, and Godscroft may have given the wrong name. 7. Margaret, described on the monument as wife of the Lord of Dalkeith, and usually stated to be wife of James, Lord of Dalkeith, father of the first Earl of Morton. She was, however, the wife of his brother, Henry Douglas of Borg, who, during his brother's insanity, probably acquired some right over Dalkeith. They had issue. She survived her husband, and was still alive in 1469.3 8. Beatrix, who married Sir William Hay, afterwards first Earl of Erroll, and Constable of Scotland, with issue. (See that title.) He died on or about 29 Sep- tember 1462, and she married before 12 October 1463 Arthur Forbes,4 and was still alive in 1490.5 9. Janet, who is described as wife of the Lord of Biggar and Cumbernauld, and is said to have married Robert, first Lord Fleming, with issue. 10. Elizabeth, described simply as fourth daughter. She is said to have married Sir John Wallace of Craigie. VIII. WILLIAM, eighth Earl of Douglas, who succeeded, was apparently not of full age when he became Earl, as he was probably born about 1425. In 1430 he is described as of tender years, when he was knighted at the baptism of the two young princes. Nothing is recorded of him until 1443, after his accession, when, Boece tells us, he appeared suddenly before the young King James n. at Stirling, and 1 Douglas Book, i. 453-454, and authorities cited. 2 Ibid., 444, 445. 3 Ibid. , i. 445 and notes. 4 Ibid. , 445 and note ; Slains Charters. 6 Spalding Club Misc., ii. 327. 176 DOUGLAS, EARL OF DOUGLAS made such a favourable impression that he was appointed Lieutenant-General of the Kingdom.1 The only corrobora- tion of this last statement is found in a somewhat more trustworthy chronicle, which narrates that, when conduct- ing hostilities against Chancellor Orichton in August 1443, the Earl displayed the royal banner.2 He thus gained pos- session of Crichton's castle of Barnton, and levelled it to the ground, an act for which the Chancellor retaliated by burning the granges of Abercorn and Strabrock, and harry- ing the lands of Douglas.3 In 1444 the Earl obtained a large accession of territory by his marriage with his kins- woman Margaret, sister of the sixth Earl of Douglas, who brought as her dowry Galloway and other lands. But except the feud between the Earl and the Chancellor, which terminated after the latter 's surrender of Edinburgh Castle,4 little is recorded of him but matters relating to his family affairs, one important act being the settlement, in 1447, of the succession to the Douglas estates, and the determina- tion as to which of his two next brothers, who were twins, was the elder.5 This will be noted in the next Earl's memoir. In 1448, as already noted, the Earl made a claim upon the French King for the lands of the duchy of Touraine, in addition to the claim by his aunt Margaret, widow of the first Duke, for her terce.6 King Charles vii. replied that neither the Duchess of Touraine, her nephew, nor his wife, had any claim. The duchy was granted only to the first Duke, and to the heirs-male of his body, which the Earl was not, and he had therefore no right ; while as to his wife, though she was a daughter of the second Duke of Touraine, the King states that there is nothing in France belonging to her grandfather to which she could lay claim.7 Thus the articles, which were presented on behalf of Douglas by Chancellor Crichton, then ambassador to France, were rejected, and all connection between the house of Douglas and the duchy of Touraine ceased. After some mutual raiding on the part of the English and 1 Boece, ed. 1574, f. 364. 2 AucUnleck Chron., 5, 36. 3 Ibid., 6, 37. 4 The Earl and Crichton witnessed a royal charter together at Edinburgh on 3 July 1445, Douglas Book, iii. 427. 6 Cf. Reg. Mag. Sig., 9 January 1449-50. 6 Cf . p. 167 supra. 7 See the French King's reply in full from a MS. in the Bibliotheque Nationale, Paris, Douglas Book, iii. 375-379. DOUGLAS, EARL OF DOUGLAS 177 Scots in 1449, various efforts were made to complete a truce between the two countries, without success for a time ; but in the battle of Sark, on 23 October 1449,1 the English were completely defeated, and a peace was after- wards arranged. The Earl, however, was not present at that conflict, his men, numbering about 4000, being com- manded by his brother, the Earl of Ormond. The Earl was frequently at Court during the year 1450, and in attendance on the King, along with Bishop Kennedy and Chancellor Crichton, at least if his name as a witness to royal charters is to be relied on. After August 1450, however, he disappears from public life in Scotland for a time, as he was preparing for a journey to Rome, whither visitors were hastening from all parts to celebrate the Papal Jubilee. He set out with a brilliant retinue, and received a flattering reception. His stay was short, how- ever, and he was back in Scotland in April 1451. If, as is stated by one chronicler,2 his return was due to information he had received of plots being hatched against him at home, the machinations of his enemies came to nothing. He soon regained the royal favour, and established his own influence more strongly than before. This is evident from the numer- ous charters granted to him when he resigned his immense estates, and received them again entailed to himself and a series of heirs-male, thus apparently securing the estates and family of Douglas for many generations.3 The Earl's favour with the King, however, was brief. On 26 October 1451 he was probably, though not certainly, present at the Parliament then meeting at Stirling. He appears as a witness to royal charters at Stirling in November, and at Edinburgh in December 1451 and January 1452.4 He then appears to have gone to his own castle of Douglas, whence he was summoned by a special message from the King, under a safe-conduct. Setting aside as doubtful various stories told in the later, but not the earliest MSS. of Pitscottie, and not narrated by Boece, the main facts seem to be, that the King believed the Earl to be in league with Alexander, Earl of Crawford, then 1 Paper by Geo. Neilson, LL.D., Transactions of Antiquarian Society, Dumfriesshire, 1896-97, 122-131. 2 Law's MS. Chron., c. 1521, in Edinburgh University. 3 Acta Parl. Scot., ii. 67-73, and Reg. Mag. Sig. * Acta Parl. Scot., ii. 39; Reg. Mag. Sig. ; Reg. de Passclet, 257, 258. VOL. III. M 178 DOUGLAS, EARL OF DOUGLAS apparently in rebellion against the Government, and desired by a personal interview to dissuade Douglas from assisting Crawford. Douglas duly arrived at Stirling Castle, was graciously received, and was invited to dine and sup next day, the 20th February 1452. After supper the King pri- vately urged the Earl to break off dealings with Crawford, but he refused ; the dispute grew warm, and the King, in a moment of passion, drew his dagger and stabbed Douglas twice, in the neck and body. These wounds, probably un- premeditated, might not have been fatal, but the courtiers rushed in, and ere the Earl could recover himself he was struck on the head by an axe, and was stabbed in various places, his body having no fewer than twenty-six wounds.1 His remains are said to have been buried quietly in the place of the Friars Preachers or Dominicans at Stirling.2 The eighth Earl of Douglas married, as already indicated, the daughter of his cousin, the second Duke of Touraine, Margaret Douglas, traditionally called the 'Fair Maid of Galloway,' the Papal dispensation for this union being dated 24 July 1444.3 She was probably very young at the date of the marriage, and as the Earl had no issue by her, he was succeeded by his brother. IX. JAMES, ninth Earl of Douglas, was a twin with his brother Archibald, and the latter appears to have been for a time treated as the elder ; but in 1447 Beatrix, Countess of Douglas, made a formal attestation, declaring James to be the elder,4 and from that time he was styled Master of Douglas. He was one of the three champions who fought on the Scottish side with three Burgundian visitors in February 1449. Herve Meriadec, a Breton squire, described as 'Larde of Longawell,' was the Master's opponent, and was the victor in the encounter.5 The Master conceived the bold idea of building a fortalice on the Isle of Fidra, in the Firth of Forth, nearly opposite Dirleton, with a view to securing the command of the Firth, but this project he was compelled to abandon, as the isle was besieged.6 After accompanying his brother to Rome and being 1 Auchinleck Chron., 9, 46. 2 Extracta ex Cronicis Scocice, 242. 3 Andrew Stuart's Genealogy of the Stewarts, 467. 4 Reg. Mag. Sig., 9 January 1449-50. 5 Douglas Book, i. 479, and authorities cited. 6 Exch. Bolls, v. 347. DOUGLAS, EARL OF DOUGLAS 179 employed in a mission to England, he returned to Scotland before the end of January 1452,1 and is said, but apparently without foundation, to have accompanied Earl William on his fatal visit to Stirling on 20 February. It was not until 17 March, nearly a month later, that the Master, now Earl of Douglas, and his relatives made any demonstration, when they came to Stirling at the head of six hundred men and proclaimed the King and council as dishonoured covenant- breakers. The violated safe-conduct was dragged at the tail of a horse through the town, which the marauders then spoiled and burned.2 The Earl also made overtures to the English King, which he transmitted by Garter King-of-arms. He made somewhat puerile displays of his contempt for Parliament, and it cannot be said that he acted either with dignity or energy after his brother's death. The King, how- ever, was not so inactive, and gathered a large force, number- ing it is said thirty thousand men, with which he marched southward to Selkirk, Peebles, Dumfries, and elsewhere, though the chronicler remarks he did no good, only destroy- ing the country and harrying his own adherents.3 This warlike demonstration, however, apparently served its chief purpose, as Douglas was so far overawed that on 28 August 1452 he signed at Douglas Castle a formal submission, the most important clauses of which were a promise by the Earl, for himself, his brothers, and Lord Hamilton, to for- give all those who had taken part in the death of his brother Earl William, and also that he would revoke all leagues and bonds, if any, made by him contrary to the King, and would make no such league in future. In January 1452-53 he entered into another agreement with the King, by which he bound himself to render full manrent and service to King James, because the latter had consented to aid the Earl in marrying his brother's widow, and so regaining possession of Galloway, and had also promised to re-enter the Earl to the earldom of Wigtown and lands of Stewarton. 1 Exch. Rolls, v. 582. 2 Auchinleck Chron., 10, 47. 3 Ibid., 11, 49. The date of the King's march has never been clearly ascertained. According to the Register of the Great Seal, he was absent from Edinburgh between 9 July and 5 August 1452, and it is believed he was then engaged on his demonstration against Douglas. Corroborative evidence is found in a writ which states that on 18 July 1452 the King was at Corhead, in Annandale, where he held court in his tent, with Chancellor Crichtoii und other nobles in his train. Laing Charters, No. 134. 180 DOUGLAS, EARL OF DOUGLAS The Earl bound himself to declare his service openly in the next Parliament after the fulfilment of the King's letters to him.1 Boece and Godscroft both assert, in different terms, that King James n. did not keep his promises, but there is clear evidence that he did, both as to the Papal dispensation necessary for the proposed marriage and also as to the earldom of Wigtown. In April 1453 Douglas was appointed one of a Commission to arrange a truce with England, to which he affixed his seal as Commissioner at Westminster on 23 May 1453.2 Except two charters, the first at Douglas, 28 March 1454, and the second at Peebles on 9 February 1454-55, there is nothing clearly known of the Earl's doings between May 1453 and the events in March and April 1455, which led to his exile from Scotland. According to some authorities he paid a visit to the Earl of Ross at Knapdale, and was also the investigator of the raid made by Donald Balloch of the Isles upon Inverkip, Arran and Bute. But it is doubtful if the visit to Ross was made at this time, and the raid was certainly earlier than 1453, the year assigned to it.3 There is no proof that Douglas had any- thing to do with Donald Balloch's raid, which seems to have taken place in 1452, and if the alleged date, 20 July, be correct, coincides with the King's expedition to the south, already referred to, which no doubt gave the marauder an opportunity he took full advantage of. The events of the spring of 1455 are well known. As the result either of proved treason on the part of Douglas or of advice given by his Council, King James II. resolved to try the conclusion of war. Both parties appear to have prepared and mustered their forces, but the King acted with most vigour and great activity. He seized in March 1455 the small fortress of Inveravon near Linlithgow, be- longing to Douglas, then marched to Glasgow, where he was joined by west-country men and Highlanders. From Glasgow he went to Lanark, where an encounter took place between the royal army and the Earl's force, after which it is said the King ravaged Douglasdale and Avondaie, and in the first week of April he laid siege to the strong castle 1 Bond dated at Lanark 16 January 1452-53. See Douglas Book, i. 484 and note. 2 Cal. Doc. Scot., iv. No. 1257. 3 Douglas Book, i. 486 and note ; Exch. Rolls, v. pp. cvii, 570, 578; Auchinleck Chron., 13, 54. DOUGLAS, EARL OF DOUGLAS 181 of Abercorn. The Earl, who seems to some extent to have been taken by surprise, now with a strong muster of vassals and friends marched to Abercorn to raise the siege. His friends, especially Lord Hamilton, advised an immediate attack, but the Earl's resolution was weak, and alienated his friends, who left him, and submitted to the King. Douglas, finding himself thus bereft, fled to England, where he was well received by King Henry vi. Shortly after- wards, on 1 May 1455, his brothers, who had raised a force in the south, were defeated at Arkinholm, the two elder being slain or taken prisoner, while the youngest escaped and joined the Earl in England. In June an act of for- feiture passed by the Scottish Parliament annexed large tracts of the Douglas territory to the Grown, including the districts of Ettrick Forest and Galloway, and a wide extent of land on the scores of the Moray Firth ; l besides which many great baronies were granted away by the King. All communication or assistance given to the exiled Earl or his family was declared to be treasonable. The Earl there- fore remained in England, and his later career is to be learned from English rather than Scottish record. The Earl had a gift or pension of £500 yearly from the English King, and he received other sums at various times for services rendered. But between 1455 and 1460 there was comparative peace between England and Scotland, and the Earl remained in retirement. After the death of King James n. and the accession of King Edward iv. to the English throne, the latter endeavoured to use the Earl as a means of stirring up strife, and he with his brother Balvany was despatched on a mission to the Earl of Ross and Donald Balloch with presents and money. This was about June 1461, and the effects were shown in an insur- rection by Ross in 1463, which was unsuccessful, as Douglas failed to give assistance, probably because of the capture of his brother John. The Earl remained peacefully in England during the next twenty years, occasionally em- ployed in military service, having been made by King Edward a Knight of the Garter, in 1461, or before 21 March 1462.2 In 1482 he joined, though to what extent is un- 1 Acta ParL Scot., ii. 42, 43. 2 History of Orders of British Knight- hood, Sir Harris Nicolas, ii. App. p. Ivii. 182 DOUGLAS, EARL OF DOUGLAS certain, with. Alexander, Duke of Albany, brother of James in., and King Edward iv. in their enterprise against Scot- land. Two years later the Earl again set foot in Scotland, never again to leave it. King Edward iv., who had favoured Albany's ambitious attempts at the Scottish Crown, was dead, and his successor, Richard in., looked coldly on his schemes. Albany, however, induced the Earl of Douglas to accompany him to Scotland in the hope that his vassals would rally round him, although there was a great reward set upon his capture. The two nobles rode first to Lochmaben, but instead of being welcomed, the smallness of their force, five hundred horsemen, was noted, and they were attacked and their troop dispersed. Albany escaped but Douglas was taken prisoner, and it is said was sentenced to retirement in the monastery of Lindores, where he died. Such was the end of the last Earl of the great house of Douglas. Godscrof t lingers sadly over his fate, and tells two pathetic stories of his capture and later days, which seem to bear the stamp of truth. At the fight near Lochmaben, he tells us, the Earl was struck from his horse, and finding himself on foot and unrecognised by those who had been his followers, called to one of his old retainers, Alexander Kirkpatrick, and placed himself in his hands. Kirkpatrick wept for sorrow to see his old master so changed and aged,1 and offered to flee into England with him. But the Earl refused, and only stipulated that his life should be secured at the King's hands. In the end, Kirkpatrick had the reward2 and the Earl's life was spared, after a personal interview with the King. The other story told by Godscrof t is that in the midst of his troubles with his rebellious nobles King James in. visited Douglas in his retirement and offered to restore him to all his titles and possessions if he would aid him against the nobles. The reply was sad and sarcastic : * Sir, you have kept me and your black coffer in Stirling too long ; neither of us can do you any good.' This is merely perhaps a dramatic version of Ferrerius, who simply states 1 The Earl could not have been aged in years, as he certainly was not more than fifty-eight, but no doubt his misfortunes had affected him. 8 On 2 October 1484 Kirkpatrick received the lands of Kirkmichael for his service in taking the Earl of Douglas, thus corroborating Godscroft's main statement. DOUGLAS, EARL OF DOUGLAS 183 that the King sent a messenger to Douglas, who said that it was not possible for him to do the King's will as he had now no friends, besides being aged and worn with much care.1 The date of the Earl's decease has been assigned to 15 April 1488, but Godscroft has it that he survived the death of King James in. on 11 June 1488, and this is proved by the fact that as James Douglas, Knight, he had in Scotland a pension of £200 yearly from King James iv., which was paid at least until Whitsunday 1491, and soon after that date the Earl died.2 The ninth Earl of Douglas had two wives, but had issue by neither. He married, first, his kinswoman, Margaret Douglas, daughter of the fifth Earl of Douglas, and also widow of his brother the eighth Earl. A dispensation was issued from Rome on 26 February 1452-53,3 and though doubt has been cast on the reality of the marriage, she is described as his Countess in various charters and other writs. She had with her mother-in-law, and John Douglas of Balvany, a safe-conduct to England 26 June 1454 or 1455.4 After her husband's forfeiture she appears to have been with him in England until 1459, when they separated, pro- bably in terms of a divorce, and she came to Scotland with letters to King James n., which obtained for her a favourable reception. In 1460 she married the King's half-brother, John Stewart, Earl of Atholl (see that title), and was dead or divorced before 1476. The Earl married, secondly, Anne, daughter of John Holland, Duke of Exeter, relict to two John Nevills, nephew and uncle, and mother of Ralph Nevill, third Earl of West- morland. Her second husband died in 1461, but when she married Douglas is uncertain. She predeceased him, dying on 26 December 1486. CREATION.— Earl of Douglas. ARMS. — The arms of the Earls of Douglas went through several developments, and their seals form a very interest- ing series.5 The seal of Sir William Douglas, ' le Hardi,' 1296, bore simply Argent, on a chief azure three mullets of 1 Boece, addition by Ferrerius, ed. 1574, 400. 2 Exch. Rolls, x. pp. Ixvii, 253. 3 Andrew Stuart's Genealogy of the Stewarts, 444, 445. 4 Rymer's Fcedera, xi. 349; cf. Rotuli Scotice, ii. 374. 6 The Douglas Book, ii. 549-554. 184 DOUGLAS, EARL OF DOUGLAS the field. The heart first appears on the seal of William, Lord of Douglas, about 1332, but in none of the seals of the Earls is it ever crowned. The crowned heart does not appear on Douglas arms much before 1600.1 William, Earl of Douglas and Mar, quartered the Douglas arms with those of Mar, Azure, a bend between six cross-crosslets or. Archibald, third Earl, bore: — Quarterly: 1st and 4th, Douglas; 2nd and 3rd, Azure, a lion rampant argent crowned or, for Galloway, and on an escutcheon surtout azure three mullets or, for Moray of Bothwell. Archibald, fourth Earl, bore : — 1st, Douglas ; 2nd, Gallo- way ; 3rd, Moray ; 4th, Argent, a saltire and chief gules, for Annandale. Archibald, fifth Earl, bore : — 1st, Azure, three fleurs-de- lys or ; these are the plain arms of France, but were intended to indicate his possession of the French Duchy of Touraine ; 2nd, Douglas ; 3rd, Annandale ; 4th, Galloway. William, eighth Earl, bore: — 1st, Douglas; 2nd, Gallo- way; 3rd, Moray; 4th, Azure fretty or, for the lordship of Lauderdale. James, ninth Earl, bore : — 1st, Douglas ; 2nd, Lauder- dale; 3rd, Moray of Bothwell; 4th, Or, six piles gules.2 CREST. — The crest varied from time to time. The first, second, fourth, and fifth Earls bore a plume of feathers ; on one seal of the third Earl the crest is a peacock's head issuing out of a tower and holding in its beak an escrol inscribed with the words ' What tyde.' The crest of the ninth Earl was a boar sejant. SUPPORTERS. — The great majority of the Douglas seals have either one or two savages supporting the shield, and with few exceptions these have clubs in their hands. The first Earl, however, had the singular supporter of a lion sejant, the forequarters of which are concealed by the shield and the head being inserted in the helmet which bears the crest. The second Earl also used a lion sup- 1 Heraldry in Relation to Scottish History and Art, 70. 2 Some authorities hold that this quarter is for Brechin, while Sir William Fraser suggests that it is for the lordship of Ettrick Forest. The whole question is discussed by Dr. Burnett, Lyon, in Woodward and Burnett's Heraldry, first edition, ii. 517 (it is omitted in the second edition). DOUGLAS, EARL OF DOUGLAS 185 porter.1 The third Earl had several seals, two of which have lions, and two savages. One of the seals of the fifth Earl has two eagles draped, wings expanded, for sup- porters; the other has one savage holding in his right hand a club and the shield of arms, and in the other the helmet and crest. MOTTO. — On none of the seals of the Earls of Douglas does any motto appear except what has been mentioned as issuing out of the bill of the peacock crest. The first appearance of the ordinary Douglas motto, Jamais Arriere, is on the seal of the eighth Earl of Angus (1557-1588). The ' Douglas, Douglas tender and true,' mentioned by a poet in connection with the family arms,2 can hardly be con>- sidered a heraldic motto. [J. A.] 1 Macdonald's Scottish Armorial Seals, No. 659. 2 Book of the Howlat. STEWART, LORD DOUNE IB JAMES STEWART of Beath, younger son of Andrew, second Lord Avandale, obtained on the 14th of July 1528 a grant of the captaincy of the Castle of Doune1 from King James v., then in minority, whose Gentle- man of the Bedchamber he was.2 Three days later his brother Henry Stewart, who had married the Queen-mother, was created Lord Methven. He had a charter 14 July 1529 of Traquair, sold to him by Queen Margaret. In 1538 he witnessed a charter as 'Senescallus de Menteith,'3 and on 1 June 1543 had a charter of confirmation of a grant of 27 April of that year of the lands of Beath by Richard, Abbot of St. Oolm, 'Insule de Ymonia,' which proceeded 'pro ingentibus pe- cuniarum summis sibi persolutis ad reparationem monasterii sui per veteres suos Anglie inimicos nuper combusti,'4 in favour of himself and his wife. He was killed at Dunblane on Whit Sunday 1547 by Edmonstone of Duntreath and his brothers, to whose family the office of Steward of Menteith had formerly belonged.5 He married Margaret Lindsay, daughter of John, third Lord Lindsay of the Byres, and widow of Richard, third Lord Innermeath,6 with issue : — 1. JAMES, his heir. 1 Reg. Mag. Sig. 2 Wood's Douglas, ii. 257. 3 Reg. Mag. Sig. 4 Ibid. 6 Wood's Douglas, ii. 257. 6 Reg. Mag. Sig. STEWART, LORD DOUNE 187 2. Archibald Stewart, burgess of Edinburgh, brother to Lord Doune, married Helen Aichisoune.1 Duncan Stewart 2 and Nisbet 3 say that he acquired Burray in Orkney, and that he died without issue. In 1578 Archibald Stewart, Provost of Edinburgh, was put under bond of £2000 to depart to the Castle of Doune, and remain there in ward.4 3. Henry Stewart received as broth er-german to James, Oommendator of St. Oolm, a charter of the glebe of Dalgatie 13 January 1575-76.5 Duncan Stewart 6 and Nisbet7 call him of Buchlivie. He married (contract 27 January 1566-67 8) Elizabeth, daughter of John Robertson, portioner of Aberdour, and was father of— (1) James Stewart of Burray in Orkney, married Janet, daughter, of Torquil MacLeod of Lewis and Margaret Stewart his wife (see Ochiltree), and had a daughter Barbara Stewart, married to William Stewart of Mains and Burray, second son of Sir Alexander Stewart of Garlies, with issue.9 (2) William, styled brother of James in a writ of May 1619.10 (3) Bernard, brother's son of James, Lord Doune.11 4. Marjory, married, first, James Ross of Oraigton ; second, John Lindsay of Dowhill.12 5. Margaret, married (contract 6 February 1553-54) 13 Mr. James Ogilvie of Balfour. On her death, intestate, her brother-in-law, Mr. Robert Orichton, got 500 merks in satisfaction of his wife's right to her jewels 27 April 1563.14 6. Elizabeth, married, before 22 May 1558, Mr. Robert Orichton of Eliock and Oluny, Senator of the College of Justice,15 and was mother of James Orichton, called 4 the Admirable.' II. SIR JAMES STEWART of Doune, Oommendator of St. Oolm, born about 1529,16 was retoured heir to his 1 Will of Robert Crichton of Eliock ; Tytler's Life of the Admirable Crichton, 331 et seq. 2 History of the Stewarts, 123. 3 Heraldry, App. 161. 4 P. C. Reg., iii. 19. 5 Reg. Mag. Sig. 6 History of the Stewarts, 123. 7 Heraldry, App. 162. 8 Reg. of Deeds, xxi. 412. 9 D. Stewart, History of the Family of Stewart, 123; Inquisitiones Generales, No. 8598. 10 Reg. Mag. Sig., 29 June 1619. " Beg. Sec. Sig., liii. 173. 12 Acts and Decreets, iii. 212 ; xxxii. 89. 13 Ibid., x. 182. 14 Tytler's Life of the Admirable Crichton, Note C, 276-277. 15 Acts and Decreets, 6. 16 Estimate of the Scottish Nobility, 58. 188 STEWART, LORD DOUNE father 8 July 1560,1 and joined the Lords of the Congre- gation in that year. He received a charter2 6 March 1563-64 of the custody of the Castle of Doune and other lands with various remainders, some to his heirs-male, whom failing, to the senior heir-female, without division, some to 'heirs' and some to heirs-male. On 25 May 1565 he received another charter of more of the lands of Doune,3 with remainder to the heirs-male of his body, whom failing, to his heirs-male whomsoever. He was knighted by Darnley on the occasion of the latter being created a Peer 15 May 1565/ On 17 January 1665-66, as Chamberlain of Menteith, he was called upon to appear before the Privy Council for inquiry ; 5 on 19 March was indicted for the murder of Riccio, and on 24 March 1568 was ordered to deliver up Doune Castle.6 He was appointed a Privy Councillor 1571, and by King James vi., as ' of our blood,' was on 24 November 15817 created LORD DOUNE by charter under the Great Seal, confirmed by Parliament on 29 November. This charter professes to be a confirmation of the charter of 6 March 1563-64, but does not repeat the remainders to all the lands quite accurately, and the lord- ship is limited to the ' heirs, etc.,' which in the MS. Register are said to be the heirs specified in the foresaid infeft- ments. It is difficult, therefore, to say what the remainder was, but the second Lord Doune obtained on 5 June 1592 a ratification under Act of Parliament of the lordship, now made a male fief, and the lands, some of which are destined to the heirs-male whatsoever, failing the heirs-male of the marriage of the first lord, and others to the heirs-male of the body of Sir James Stewart, whom failing, to his heirs- male whatsoever.8 In 1582 he was made a Commissioner of Justiciary,9 and in 1584 was Collector-General of the Revenues.10 He died 20 July 1590,11 having married, 11 January 1563-64,12 Margaret Campbell, eldest daughter of Archibald, fourth Earl of Argyll, who survived him, and is styled his relict in 1591.13 They had issue : — 1. JAMES, his heir. 1 Reg. Mag. Sig. 2 Ibid. 3 Ibid. 4 Fraser's Lennox, ii. 435. 6 P. C. Reg., i. 419. 6 Ibid., 437 and 625. 7 Reg. Mag. Sig. ; Acta Part. Scot., iii. 234, 235. 8 Acta Parl. Scot., iii. 629-636. 9 P. C. Reg., iii. 500. w Reg. Mag. Sig. u Wood's Douglas, ii. 258. 12 Vol. i. 340. 13 P. C. Reg., iv. 606. STEWART, LORD DOUNE 189 2. Henry, second son, created Lord St Colme. (See that title.) 3. Archibald, mentioned in the charter 24 November 1579 of lands of Mochastell to James Stewart of Doune and Margaret Campbell, his spouse, and to Henry their second son, whom failing, to Archibald his brother.1 4. John, son of James, Lord Doune, and brother-german to Harie, Lord St. Colme, was in 1609 tried for ' hame- sucken and murder under trust,' committed in 1608 on John Gibb in Over Lassodie. He confessed, and was sentenced to be beheaded. The Privy Council referred his sentence in December 1609 for the con- sideration of King James vi., but no reprieve was given.2 5. Alexander.3 6. Mary, married (contract dated August 1581) to Sir John Wemyss of that Ilk. Her tocher was 8000 merks, and Archibald Stewart, burgess of Edinburgh, was a security.4 7. Margaret, died young.5 8. Jean, married at St. Peter's Church, Falkland, 4 April 1596, as second wife of Simon, Lord Lovat,8 and died at Bunchrive 1 July 1622,7 leaving issue. III. JAMES STEWART, Master of Doune, born before 1568. He is described as being l of very tall stature.1 8 He obtained a gift from King James vi. of the ward and marriage of the two daughters of the Regent Moray, and having married, in 1580, the elder daughter, Elizabeth Stewart, assumed the courtesy title of EARL OF MORAY. (See that title.) He succeeded his father as Lord Doune in 1590, and was killed at Donibristle 7 February 1591-92. CREATION. — 24 November 1581, Lord Doune. ARMS. — No record of the arms of the earlier holders of 1 Beg. Mag. Sig. 2 P. C. Reg.,vin. 386; Pitcairn's Criminal Trials, iii. 74-76. 3 Reg. Sec. Sig., xlix. 131. 4 Fraser's Family of Wemyss, i. 191. 6 Gen. Reg. of Inhibitions, viii. 83. 6 Wardlaw MS., 224. 7 Ibid., 246. 8 Estimate of the Scottish Nobility, 31 and 54. 190 STEWART, LORD DOUNE the title has come down to us, but Henry, the uncle of the first Lord Doune, bore : 1st and 4th, Or, a lion rampant within a double tressure flory counterflory gules ; 2nd, Or, a fess chequy azure and argent; 3rd, Argent, a saltire between four roses gules. [A. P. s.] SUTHERLAND, LORD DUFFUS EOHOLAS SUTHERLAND, the first of his family who held the lands from which his descendants took their title, was the second son of Kenneth, fourth Earl of Suther- land, by his wife Mary or Marjorie, daughter of Donald, tenth Earl of Mar.1 In 1360 his elder brother William, Earl of Sutherland, granted to him sixteen davochs of land in the free barony called Torboll, as named and described, to be held in free barony for the service of one Knight yearly.2 This grant was confirmed by King David n. on 17 October 1363.3 He acquired part of the ancient barony of Duffus in Moray, and also, it would appear, lands in Caithness, by his wife Mary, the elder daughter and co-heiress of Reginald le Oheyne and Mary, Lady of Duffus, his wife. Towards the close of his life he appears as Lord of the Castle of Duffus, showing that with his wife's portion of the barony he held the chief messuage. They had issue, so far as recorded, two sons : — 1. John, who in 1408, as son and heir of Nicholas, Lord of 1 According to Sir Robert Gordon in his History of the House of Suther- land. If Mary and Marjorie are the same, she was the widow of John of Strathbogie, Earl of Atholl, who was executed in 1306. (See that title.} If they are not the same, then Gratney, Earl of Mar, had three sisters, though he is usually said to have had only two. 2 Sutherland Book, iii. 18. 3 Ibid., 20. 192 SUTHERLAND, LORD DUFFUS the Castle of Duffus, who was then apparently still alive, ratified a resignation of certain lands by his father in favour of his younger brother Henry. John was one of the hostages for King James I. in 1424, and is then described as Lord of Duffus, but he was exchanged in 1427 for another hostage.1 Nothing more is known regarding him, and he probably died without issue, as in 1433 his nephew was Lord of Duffus. 2. HENRY. (See beloiv.) HENRY SUTHERLAND, who carried on the line of the family, received, on or about 30 November 1408, from Robert, Earl of Sutherland, the £40 lands of Torboll which Nicholas Sutherland had resigned in the Earl's hands in favour of his younger son.2 These lands were evidently accounted a younger son's portion, as John, the elder brother was afterwards Lord of Duffus. Nothing further is recorded of Henry, who does not appear to have been Lord of Duffus, and he died some time before 1434.3 His wife was Margaret Mureff or Moray, who apparently survived him. On 11 June 1438 an inquest found that Margaret of Mureff, spouse of Henry of Sutherland, late Lord of Torboll, possessed at her death a halfpenny land on the east side of Wick, with houses there, 'abon the sande,' held of God and Haly Kirk, and of St. Fergus, patron of Wick.4 They had issue, so far as known, one son, ALEXANDER SUTHERLAND, succeeded his father Henry in Torboll, and his uncle, apparently, in Duffus, before 13 March 1433-34, when he granted twenty-one oxgangs of the lands of Strabrock or Broxburn in West Lothian, to Robert Orichton of Sanquhar.5 He held also from David Lindsay, Earl of Crawford, the lands of Ledbothy in Forfarshire, which he sold in or about 1445 to Richard Lovell of Bal- lumby.6 In 1444 he seems to have paid a visit to England to Pontefract Castle, where his chief, John, Earl of Suther- land was then residing as one of the hostages for the ransom money of King James I., and obtained from him a confirmation of the lands of Torboll in succession to his 1 Cal. Doc. Scot., iv. No. 1010. 2 Sutherland Boole, in. 22, 23. 3 Raine's North Durham, App. No. 361. 4 Original retour in Chancery. 6 Reg. Mag. Sig., 10 March 143940. 6 Ibid., 29 October 1463. SUTHERLAND, LORD DUFFUS 193 father and grandfather, the destination being to Alexander himself and to the lawful heirs-male of his body.1 In a Crown writ of 21 July 1541, cited later, he is referred to as Sir Alexander Sutherland of Duff us, but no other evidence of his knighthood has been found. He was alive in 1469 and 1478, and was apparently deceased about or before 1484,2 though the evidence on the last point is not conclusive. He married, before 19 March 1433-34, Muriel, daughter of John Chisholm of Ohisholm, with whom he obtained the lands of Quarrelwood, Greschip, and others near Elgin. At the date named she, with her husband's consent, re- signed in the hands of the Prior of Ooldingham the lands of Paxton and Aldencraw, in Berwickshire.3 Alexander and Muriel had issue at least two sons and two daughters : — 1. William, who is styled 'of Berydall' in 1451, and described then and in 1455 as son and apparent heir of Alexander Sutherland and of Muriel, his wife. Some time before May 1455 he had joined with them in resigning the lands of Diiffus, Quarrelwood, Gres- chip, and others into the hands of Archibald Douglas, Earl of Moray, and on 1 June 1455 the Master of Huntly, when he married the Earl's widow, became bound to defend the resiguers in their lands. It would appear also from this writ that the Earl of Huntly had destroyed or injured the Castle of Duffus, as well as that of Spynie.4 Little more is known of him. He was alive in May 1474, but died soon after, having had issue two sons and a daughter : — (1) Alexander, probably the Alexander Sutherland who had sasine of the half barony of Strabrock in 1475. 6 He died before 8 October 1478, when he is referred to as grandson of 'Aid Alexander of Sutherland.'6 It is not clear that he was canonically married, but he had issue a daughter : — Christina, who is in 1494 referred to as daughter of Alexander Sutherland of Strabrock,7 and has, by Sir William Fraser and the Peerages been assumed to be the daughter of the first Alexander Sutherland of Duffus. But in later writs she is named as the daughter of Alexander Sutherland of Duffus, and the great- 1 Sutherland Book, iii. 25, 26. 2 Laing Charters, No. 160 ; Acta Dom. Cone., 5, 101*. 3 North Durham, App. No. 361. 4 Spalding Club Misc., iv. 128-131 ; cf . Sutherland Book, iii. 27. b Exch. Rolls, ix. 677. 6 Acta Dom. Cone., 5. 776id.,376. VOL. III. N 194 SUTHERLAND, LORD DUFFUS grand-daughter of Sir Alexander Sutherland of Duffus.1 She was apparently still a minor in 1484, when curators ad lites were appointed to protect her heritage.2 She succeeded to Duffus and to lands in Caithness which had probably also come into the family by the marriage of Nicholas Sutherland with Mary le Cheyne, and she styled herself Lady of Duffus.3 But objections were made to her heirship by her uncle William on the ground of illegitimacy, and the case was debated in the consistorial courts. A sentence was pronounced in her favour on 29 April 1494, by the Commissioner for the Bishop of Aberdeen,4 but an appeal was made to Rome, and matters dragged on apparently until settled by a decree arbitral about 1507, when Duffus went to the opposing claimant, while the Caithness lands were given to Christina.5 As a result she on 27 Novem- ber 1507, in terms of a contract between herself, her spouse, her son and heir and his tutor, on one part, and William, now of Duffus, on the other part, re- nounced her frank tenement of the lands of Duffus.^ She married, about 1489, William Oliphant, second son of the first Lord Oliphant, and had issue. (See title Oliphant.) (2) WILLIAM, afterwards of Duffus, of whom hereafter. (3) Isabel, married (about 9 May 1474) to Hew Hose, younger of Kilravock.7 2. Angus, who obtained the lands of Torboll. By his wife Christina he had issue three sons : — (1) Nicholas, to whom in 1472, as son and apparent heir, his father resigned the lands of Torboll, Pronsy, and others.7 He died s.p., and perhaps v.p. (2) Donald, who is only known from a reference to him in a precept to his younger brother. He died s.p. (3) Hugh, who in 1492 had succeeded to his father, and his two brothers Nicholas and Donald, all then deceased.8 Little is recorded of him, but he married Agnes M'Leod, of what family is not certain, and died before 1525, without surviv ing male issue.9 His wife and he had apparently three daughters, of whom only one is on record :— Christina, who was named in 1506, in a marriage-con- tract between her father and mother, and Andrew Kynnard of that Ilk or Skelbo, by which it was arranged that John Kynnard, younger of that Ilk, should marry her, or one of her two sisters.10 This 1 Reg. Mag. Sig., 20 May 1526; 21 July 1541. 2 Acta Dom. Cone., 101*. 3 Laing Charters, Nos. 160, 235. 4 Transumpt in Protocol Book (No. 6) of James Young, notary, Canongate. 5 Cf . Sutherland Book, i. 513 ; Origines Parochiales, ii. 765, 766 ; also Reg. Mag. Sig., 18 June 1507, where Chris- tina is said to be illegitimate. 6 Acta Dom. Cone., MS. xix. f. 13. 7 The Family of Kilravock, 54, 135-137. 8 Sutherland Book, iii. 33, 34. 9 Ibid., 37. 10 Ibid., 75. n Contract, etc., 16 January 1505-6, Reg. Ho. Charters, Nos. 686, 687. SUTHERLAND, LORD DUFFUS 195 projected marriage apparently miscarried, and 011 4 February 1509-10 she had a charter from King James iv. to herself and John Stewart, her future spouse, of the lands of Torboll.1 But on 18 May 1514 she was apparently married to David Stewart of the Doill, who at that date gave a bond to her father and mother not to disturb their possession of Pronsy and other lands.2 On 21 April and 14 May 1562 she and Adam Reid, her husband, entered into a contract with Alexander Sutherland of Duffus, to make up title to her father's lands and resign them in favour of Alex- ander.3 She fulfilled her agreement on 28 October of same year,4 and nothing further is recorded of her. 3. Isabella, who married Alexander Dunbar of Westfield. 4. Dorothea, said to be the daughter of Alexander Sutherland of Duffus, married to Alexander Ross of Balnagown, who was killed at the battle of Allt Oharrais on 11 June 1486, leaving issue. She was blamed as one of the causes of the conflict.5 WILLIAM SUTHERLAND of Quarrelwood, afterwards of Duffus, was certainly the next successor to, and holder of, the Duffus and Quarrelwood estates. As stated above, it has been assumed that he was the second son of the first Alexander Sutherland of Duffus, and that Christina of Duffus, named above, was his niece. The consistorial sentence of 29 April 1494, already cited, p. 194, supra, distinctly proves that he was the uncle of Christina, and he must therefore have been the second son, not of the first Alexander, but of William, his eldest son, and at least a younger brother of Alexander Sutherland called of Strabrock, the father of Christina. The first reference to him on record is in 1484, when he procured the usual brieves to serve him heir to the barony of Duffus, and curators ad lites were appointed to act for Christina, the daughter of Alexander Sutherland.6 After her marriage to William Oliphant, apparently between 1484 and 1489, when she claimed to be served heir to Duffus, William Sutherland impeached her legitimacy. Her friends, however, were powerful, and the cause was debated in the ecclesiastical courts both in Scotland and at Rome for a long period, during which George Oliphant, Christina's eldest son and heir, was infeft in the lands on his mother's re- 1 Reg. Mag. Sig., at date. 2 Original Writ in Gen. Reg. Ho., No. 313. 3 Reg. of Deeds, v. ff. 156-159. 4 Origines Parochiales, ii. 632. 6 Scot. Antiquary, iv. 9, 10. 6 Acta Dom. Cone. 196 SUTHERLAND, LORD DUFFUS signation. The lands claimed were Duffus in Moray, Berridale and Auldwick in Caithness, and Strabrock in Linlithgow. The matter was finally settled some time in or about 1507, by a decreet arbitral and contract between the parties, when it was agreed that George Oliphant should resign his fee and his father and mother their liferent rights over Duffus in favour of William Sutherland. In terms of this he had, on 18 June 1507, a Crown charter narrating the above and granting to him the lands of Duffus.1 He is designed ' of Quarrelwood ' in that charter, but had previously assumed the designation 4 of Duffus ' which he uses in a deed by himself of date 14 June 1507.2 The transaction was completed by Christina's renunciation of Duffus already cited, of 27 November 1507. William died before February 1513-14, perhaps at the battle of Flodden.3 His wife may have been the Janet Innes, ' Lady Greeship,' said to be a daughter of the family of Innes, and widow of a Laird of Duffus, who again married, some time before 1517, Hugh Rose of Kilravock.4 He had issue, so far as known, one son, WILLIAM SUTHERLAND, who succeeded his father in the lands of Duffus, and probably Quarrelwood also, in or before February 1513-14 ; while he was in February 1519-20 infeft also in his father's lands of Brichmond or Bricht- mony.5 He had in 1524 a grant from King James v. of the lands of Kinstearie.6 On 26 March 1525, Adam, Earl, and Elizabeth, Countess, of Sutherland, the superiors of the lands, granted to him the lands of Torboll and Pronsy which had belonged to the late Hugh Sutherland of Pronsy, and which had come into their hands through his decease without heirs-male, as already noted. The reasons given for the grant are of some importance. First, lest lands in their lordship should pass to strangers or to those having no title ; and second, having fully considered the right of succession of William Sutherland, Lord of Duffus, to the 1 Beg. Mag. Sig., at date ; also 12 August 1497. 2 Ibid., 28 June 1507. 3 Exch. Rolls, xiv. 541. On 12 February 1519-20 his lands of Brichmond (Brichtmony) are said to have been in the King's hands for six years and one term, which would also count back to Flodden. Ibid., 627. 4 The Family of Kilravock, 55. 5 Excli. Bolls, xiv. 541, 627. 6 Beg. Mag. Sig., 29 November 1524. SUTHERLAND, LORD DUFFUS 197 lands of Pronsy, by reason of tailzie and old infeftment granted thereon, they give and grant the lands and lord- ship to him in usual form.1 As any entail, failing the heirs of Angus Sutherland, formerly named, was to the first Alex- ander Sutherland and the heirs-male of his body,2 this clause seems to corroborate the view that this William and his father were direct heirs-male of the body of that Alexander. In 1527 William Sutherland resigned his lands of Duffus and Quarrelwood, in the shire of Elgin, and Brichtmony, Kin- stearie, and the mill of Auldearn in co. Nairn, in favour of his eldest son,3 and he died before 1 June 1529, when his widow resigned her lif erent in Quarrelwood and other lands also in favour of her first-born.4 He married Janet Innes, daughter of Alexander Innes of Innes, who survived him. They had issue : — 1. WILLIAM, who* succeeded. 2. Alexander, who obtained the rectory of Duffus in 1512, was, in 1524, made perpetual chaplain of the chapel of the Virgin Mary of the Castle of Duffus, and about 12 June 1529 was appointed Dean of Caithness.5 On 14 August 1538 he founded two anniversaries on behalf of his father and mother, and of his elder brother William and others. In 1549 he was curator of his grandnephew, Alexander Sutherland of Duffus, and he was still alive in 1551. 6 3. Elizabeth, who was married to John, third Earl of Caithness, and had issue. (See that title.) WILLIAM SUTHERLAND of Duffus succeeded his father between 22 July 1527 and 1 April 1529. On the former date his father resigned Duffus to him, and on the latter date it was clearly he who entered into a contract with John Kynnard of that Ilk to pay the sum of 2300 merks Scots by definite instalments, for each instalment receiving certain lands, including the lands of Skelbo and others, to be held of the Earl of Sutherland as overlord.7 Kynnard 1 Sutherland Book, iii. No. 73. 2 Ibid., Nos. 28, 38, 40. 3 Reg. Mag. Sig., 22 July 1527. 4 Reg. Morav., 415. He was probably dead before 1 April 1529, as it was apparently his son who made the contract of that date as to Skelbo. See infra. 3 Origines Parochiales, ii. 616 and authorities cited. G Ibid., 616, 617, 631 ; Sutherland Book, i. 514. 7 Ibid., iii. 86, 87. 198 SUTHERLAND, LORD DUFFUS also conveyed Aberseors, Invershin, and other lands, and the whole sale and transfer of Skelbo took place finally on 15 September 1529.1 The new Laird of Skelbo, on entering to his fresh acquisition of territory, gave a bond of man- rent to his overlord, Alexander, Master of Sutherland, on 4 September 1529, acknowledging that the Master had received him as tenant and vassal in the lands. The penalty for breach of the bond of service and manrent was £1500 Scots, of which £500 was to be paid to the cathedral at Dornoch, £500 to the Master, and £500 to the King.2 King James v., on 31 March 1530, granted to him, until the majority of the rightful heir, the non-entry duties of the lands of Gal veil, Armadale, Farr, and others in Strathuaver. No owners of the lands are named, but they apparently had belonged to Hugh Mackay of Farr.3 William Sutherland was killed some time between the above date and September 1530, it is said, by the Olan Gunn at Thurso, who, Sir Robert Gordon states, were instigated by the Bishop of Caithness to commit the murder.4 He adds that ' the haill dyocie of Oatteynes was in a tumult ' in consequence, though he does not name the cause of offence. Mr. Thomas Stewart, treasurer of Caithness, and several others, appar- ently clergymen, gave caution on 3 September 1530, to underly the law for Sutherland's murder.5 The name of his wife is not known, and he left issue, so far as recorded, one son, WILLIAM SUTHERLAND of Duffus, when he succeeded, made strenuous efforts to avenge his father's death, and various offers of compensation were offered to him, which he refused. He summoned the Bishop to appear in Edinburgh to answer for the crime, but the Bishop paid no attention. The young Laird seized one of the Bishop's servants, and he and his uncle, the Dean of Caithness, wrere cited before the Privy Council. On appearing they were thrown into ward, and were compelled to come to terms with the Bishop, without compensation, before they were set at liberty.6 In April 1534, or a year later, the young Laird 1 Origines Parochiales, ii. 630. 2 Sutherland Book, iii. 92-94. 3 Keg. Sec. Sig., viiu ff. 168, 169; Origines Parochiales, ii. 705, 710, 711. 4 Genealogy of the Earls of Sutherland, 102. 6 Pitcairn's Criminal Trials, i. *149. 6 Sir Robert Gordon's Genealogy, etc., 102, 103. SUTHERLAND, LORD DUFFUS 199 granted a discharge to John Murray of Oambusavie for the balance of a sum of 500 merks due to his late father.1 He was, on 25 September 1535, declared to be his father's heir in Torboll and other lands.2 In February 1540 he granted, probably on mortgage, the lands of Kinstearie and Bricht- mony to John Campbell of Calder,3 and he granted various deeds at Elgin in October 1540 and March and May 1541.4 In 1542 he was declared by a jury to be the lawful heir of his father, the late William Sutherland of Duffus, in all the lands and rents in which his father died infeft within the county of Inverness ;5 and in the same year he and Donald M'Ky of Farr submitted to the arbitration of the Earl of Moray a dispute betwixt them as to the owner- ship of certain lands, and also as to the non-entry duties granted to William's father in March 1530. The dispute had gone on for some years, and much disturbance and bloodshed had been caused, but the Earl's award, which practically gave the lands and non-entry duties to Donald for a sum of money, seems to have terminated the friction.8 In any case, William Sutherland did not long survive the settlement, as he died before the end of 1543.7 His wife was Elizabeth Stewart, who survived him, and married, secondly, James Murray of Culbardie. She was still alive in August 1579.8 They had issue :— 1. ALEXANDER, who succeeded. 2. William, of Evelix, who appears as a witness in 1562 to charters in favour of his elder brother.9 He took part with his brothers in the taking and keeping of the castle of Berriedale in 1566.10 At the burning of the church of Dornoch, about 1570, he is said to have broken open the coffin of Bishop Gilbert Moray, or St. Gilbert, and to have scattered the saint's dust to the wind. Sir Robert Gordon adds that, as a conse- quence, he died soon afterwards of a loathsome disease,11 which was regarded as a special divine 1 Origines Parochiales, ii. 630, date uncertain. 2 Ibid. 3 Reg. Mag. Sig., 18 February 153940. 4 Ibid., 8 Dec. 1540, 15 April, and 25 July 1541. 5 Origines Parochiales, ii. 631. 6 Ibid., 711. 7 Reg. Sec. Sig., xviii. f. 17; cf. Exch. Rolls, xviii. 583. 8 Reg. Mag. Sig., 6 July 1542 ; Reg. of Deeds, viii. f . 457 ; Exch. Rolls, xx. 551. 9 Origines Parochiales, ii. 632, 633, notes. 10 P. C. Reg., i. 447-450. « Genealogy of Earls of Sutherland, 158. 200 SUTHERLAND, LORD DUFFUS punishment of his sacrilege, but was probably the natural result of blood-poisoning. 3. Nicholas, who also is a witness to charters in 1562, as cited. He is named also in charters of 1562 and 1566, and was also concerned in the affair of Berriedale. Walter Sutherland is named as a brother of Alex- ander Sutherland in 1562,1 but it is possible that William is intended. ALEXANDER SUTHERLAND of Duffus succeeded his father before 29 December 1543, when his ward and marriage were gifted to Sir John Campbell of Oalder.2 He was still a minor in December 1554, when he was infeft, under dis- pensation from the Earl of Sutherland as overlord, in the lands and castle of Skelbo, and in Invershin and other lands named.3 He may, however, have reached majority by 2 May 1555, when he received sasine of the lands of Duffus and others, near Elgin.4 On 7 November 1562 the lands of Skelbo, Invershin, with Pronsy, Torboll, and all his other territory in Sutherland, were erected by the Earl of Sutherland into a barony, to be called the barony of Skelbo, to him and his heirs and assignees, to be held for ward and relief and other usual services.5 In August 1560 he was a member of the Parliament which ratified the first Confes- sion of Faith.6 Alexander had also, in June 1563, a grant of the lands of Skelbo direct from the Crown, as the Earl of Sutherland had been declared forfeited, and for this grant the sum of 1000 merks Scots was paid.7 His exten- sive property, not only in Morayshire but in Sutherland, drew upon him the attention of George, Earl of Caithness, who entered into an alliance with the Laird of Duffus on 20 July 1559 for a matrimonial union between their families, it being agreed that Alexander Sutherland, then about five years old, the eldest son of the Laird, or his brothers, in succession, should marry Elizabeth Sinclair, eldest daughter of the Earl, or her sisters, in succession, until a marriage was completed.8 The Laird seems to have allied himself to 1 Origines Parochiales, ii. 633 n. 2 Reg. Sec. Sig., xviii. f. 17; cf. Exch. Bolls, xviii. 583. 3 Sutherland Book, iii. 114-116. 4 Exch. Rolls, xviii. 583. 6 Sutherland Book, iii. 124-129. 6 Ada Parl. Scot., ii. 526. 7 Origines Parochiales, ii. 633, 634. 8 Reg. of Deeds, iii. 264. SUTHERLAND, LORD DUFFUS 201 the Earl in political matters also, and was mixed up in his disputes with his neighbours. His brothers, no doubt with his consent, seized the castle of Berriedale on 23 December 1565, and held it for a time against Lord Oliphant, the rightful owner. He took part with the men of the Earl of Caithness in the attack on the town of Dornoch, which was made in 1567, and also when the town and the cathedral were laid waste in 1570. Sir Robert Gordon, in his account of these transactions, speaks of him as the * son-in-law ' of Caithness, but this seems a mistake, and a confusion between him and his son. Sir Robert states that the Laird of Duffus put to death the sureties surrendered to the Earl of Caithness by the people of Dornoch, and that he was so overcome with remorse that he fell ill, and died soon after.1 He was certainly alive on 24 March 1569-70, but did appar- ently not long survive that date, as no later reference to him has been found, and his lands of Duffus were in non- entry from about the middle of 1571. 2 He married, in terms of a contract dated 26 January 1552-53, and while still under age, Janet, third daughter of James Grant of Freuchie.3 The latter undertook to compensate Elizabeth Campbell, daughter of Sir John Campbell of Calder, for the loss of the value of Alexander's marriage, gifted in 1543, as already stated. She survived him, and was married, secondly, to James Dempster of Auchterless (contract dated at Elgin 26 September 1577) / She made her will 19 October 1600, and died in that month. She made her son James her only executor, and refers to her 'oy,' Mr. Patrick Dunbar.6 Alexander and Janet had issue :— I. Alexander, the eldest son, referred to as younger of Duffus in various writs, but there is no evidence as to whether he ever succeeded to Duffus. He was born in 1554, as in the contract entered into on 9 July 1563 between his father and the Earl of Caith- ness for his marriage with Elizabeth Sinclair, it is stipulated the marriage should take place at Lammas 1568, when he would be fourteen.6 The marriage did take place, but whether he survived his father or not 1 Genealogy, etc., 150, 157. 2 Reg. of Deeds, xiii. f. 171; Exch. Rolls, xx. 551, 552. 3 Chiefs of Grant, in. 107. * Reg. Mag. Sig., 10 January 1578-79. " Edin. Tests., 21 May 1603. 6 Reg. of Deeds, vi. f.424. ' 202 SUTHERLAND, LORD DUFFUS is uncertain. He had no issue, and his wife survived him, marrying, as her second husband, Hugh Mackay of Farr. 2. WILLIAM, of whom below. 3. James, born in 1561. When about three years old, or earlier, he was placed 4 in fostering ' with Angus Sutherland * Hectorsone,' to whom, for his benefit, his father made over 4 fyve meris with ane Stallone,' to which, apparently, his foster-father added 'four meris,7 so that the profit might accrue to his foster- son.1 In 1590 he appears in the Privy Council Records as cautioner for his mother Janet Grant. He had the lands of Kinstearie in Morayshire, which were given to him in 1593 by his brother William, on his marriage with Violet, daughter of Thomas Fraser of Strichen. He was, as stated above, his mother's only executor. He is named as a witness frequently until 1623. He had a son John, whose son William married Margaret, daughter of William Innes of Kinnermonie, issue two sons, David and Hugh. David succeeded to Kinstearie,2 and his great-grandson James Sutherland of Kinstearie is, in 1766, described as his father's only son. It is not known if he left issue. Hugh, the second son, had a son John, who acquired by marriage with Christian, daughter and heiress of William Sutherland of Rearquhar, the lands of Rearquhar. By her he had two sons, John and James, and one daughter, Margaret, married to her kinsman James Sutherland of Evelix (see below). John had a son James, of Rearquhar, and a daughter Janet, married to John Clunes of Neilston, who had two daughters, Magdalene, married to her kinsman Hugh Sutherland of Evelix (see below), and Anne, married to Duncan Sutherland at Kinauld, and a son, Hugh Clunes, who with Captain John Sutherland of Invercharron was the only heir in 1819. Hugh Clunes also died without issue.3 4. Elizabeth, who was married (contract apparently dated 9 November 1590) to Archibald Douglas of 1 Origines Parochiales, ii. 726. 2 Cf. Services of Heirs, 1720-29, p. 29. 3 Cf. Decennial Indexes, 1810-19 ; Services of Heirs, 5, 67, and Supp., 9. SUTHERLAND, LORD DUFFUS 203 Pittendriech, a natural son of the Regent Morton. She is described as sister of William Sutherland of Duffus. She had issue a daughter, Elizabeth, mar- ried to John Innes of Leuchars.1 WILLIAM SUTHERLAND of Duffus was in 1579 infeft in the lands of Duffus and Greschip, near Elgin, as heir of the deceased Alexander Sutherland, his father, the lands having been in non-entry for eight years and a half. At the same time he received formal possession of Quarrelwood and some other lands in same neighbourhood, which had been in non-entry since the death of his grandfather William Sutherland, who died in 1543.2 He had previously, however, succeeded by right, if not formally, as he is referred to as 4 now of Duffus ' on 18 June 1574, when he was directed by the Lords of Session to fulfil the terms of the marriage- contracts entered into by his father and elder brother with the Earl of Caithness.3 A reasonable period after he had made up his title to his estates he ratified the bond, already cited, granted by his great-grandfather, William Sutherland of Duffus, to the Master of Sutherland.4 That writ related to the barony of Skelbo, which he held from the Earls of Sutherland, but in 1588 he procured the erection of the lands of Duffus, Quarrelwood, Greschip, and others, near Elgin, into a barony, to be called the barony of Duffus.5 He was, later, appointed one of the council of the Earl of Atholl to keep order in the North, although in 1587 he is declared to have reset 'broken men,' or outlaws, on his lands.6 In 1606 he entered into an agreement and arbitra- tion with the burgh of Dornoch, in terms of which the boundaries between the town's land and his lands of Skelbo and Pronsy were fixed and amicably settled.7 He died in 1616. His first wife, whom he married about 13 October 1579, was Margaret, a younger daughter of George Sinclair, Earl of Caithness. When she deceased is not certain,8 but he 1 Douglas Book, ii. 321 ; Reg. Mag. Sig., 6 Jan. 1596-97. 2 Exch. Rolls, xx. 551, 552. 3 Reg. of Deeds, xiii. f. 168. * 15 March 1580-81 ; Suther- land Book, iii. 151 ; cf. ibid., i. 165, for other arrangements between the Laird and the Earl of Sutherland. 5 Reg. Mag. Sig., 3 August 1588. 6 Acta Parl. Scot., iii. 466 a. 7 Origines Parochiales, ii. 637. 8 Confirma- tion of her executry was granted on 19 October 1607 (Minute Book of Ei/i.nburgh Commissariot), but the record for the date is missing, and the date of her death cannot be ascertained. 204 SUTHERLAND, LORD DUFFUS married, secondly, before 1604, as her fourth husband, Margaret, daughter of William Mackintosh of Dunachton, widow successively of Duncan Grant, younger of Freuchie, Alexander Forbes of Pitsligo, and of Alexander Gordon, younger of Abergeldie.1 He had issue : — 1. WILLIAM, who succeeded. 2. James Sutherland, called ' of Kinminitie,' which he acquired from James Grant of Freuchie.2 He had also Blarich and other lands from John Murray of Aberscors in 1624. He acted for a long time as tutor to his nephew, the young Laird of Duffus, and was styled Tutor of Duffus. He was still alive in October 1679, but died between that and August 1680.3 He married Margaret, daughter of Sir John Seaton of Monylangain, co. Longford,4 and had issue, a son and two daughters :— (1) Alexander of Kinminitie, who had, on 25 August 1675, from George, Lord Strathnaver, a gift of the ward duties of Skelbo, married Jean, daughter of Thomas Forbes of Water- ton,5 and had two sons, Alexander and Thomas. The latter married in 1686 Violet, daughter of Michael Strachan of Auchnagat, afterwards wife of George Gordon, younger, of Glastyrim.6 They had a son James, born about Sep- tember 1688. Thomas died 17 April 1692.7 Alexander, the elder son, was apparently twice married, his second wife being Marie Ogilvy,8 daughter of the first Lord Banff. (See that title.) He died 11 November 1710, leaving two sons, Alexander, and Mr. James, the latter of whom, an advocate, had the lands of Crof tcroy, on 30 July 1694, from the town of Elgin,9 and died s.p. The eldest, Alexander, succeeded to Kinminitie and other lands in Banffshire, and died in July 1725. 10 He married Elizabeth Edwards, afterwards, in 1726, wife of Sir Kenneth M'Kenzie of Grandvale.11 He had issue with other children a son, Alexander, who succeeded him, but died before 1726, and a daughter, Mary, married to Alex- ander Sutherland of Clyne. (2) Margaret, married in 1763 to James Irvine in Artomford, and had issue, who carried on the family of Irvine of Drum. (3) Jane, married to Sir Alexander Abercromby of Birkenbog. 3. John Sutherland, called ' of Clyne,'12 frequently named 1 The Macintoshes and Clan Chattan, ed. 1903, 140. 2 Laing Charters, Nos. 2510, 2522. 3 Records of Synod of Moray ; Laing Charters, No. 2793. 4 Gen. Reg. Inhibitions, 3 May 1665. 5 Macfarlane's Gen. Coll., ii. 235. 6 Part. Reg. Sas., Banff, 13 June 1693. 7 Keith Reg. Baptisms. 8 Boharm Reg., 1701. 9 Laing Charters, No. 2917, 2918. 10 Services of Heirs, 1720- 29, p. 29. n Reg. of Deeds (Dal.), 2 October 1728. 12 The generations of the family of Clyne as here given, though all vouched for, do not exactly SUTHERLAND, LORD DUFFUS 205 with his brothers in local affairs. He had issue, so far as known, a son, John, who was his heir on 26 August 1671.1 He had issue :— i. Patrick, of Clyne, who apparently died s.p. ii. James, who was served heir to his father John Suther- land of Clyne, on 30 July 1697 ; 2 and was also infeft as such in the lands of Clyne-Kirkton in 1704. and in Kilpedder 1705. 3 He had issue :— (i) Alexander, who, on 4 August 1726, was served heir-general to his grandfather John Suther- land of Clyne, and in same year, as heir-male and of provision-general to his * cousin,' the last Alexander Sutherland of Kinminitie.4 (See p. 204 supra.} He was killed in 1742 by falling over a stair at Fochabers. He married Mary Sutherland, daughter of Alexander Sutherland of Kinminitie, who survived him. They had issue two sons and several daugh- ters.5 The only surviving son was James . Murray Sutherland of Clyne and Pulrossie, who was in 1756 infeft as heir of his grand- father, James Sutherland of Clyne, and also had a regrant of his lands in 1761,6 but died s.p. on 9 July 1783, his only surviving sisters Henrietta and Elizabeth being appointed his executors. They were also served heirs- portioners to him and to their father on 14 April 1784.7 (ii) Patrick, in 1745 captain of a company of the Sutherland militia, is described as brother of the late Kinminitie,8 probably the above- named Alexander, but nothing further has been discovered regarding him. 4. Margaret, married (contract dated 24 November 1610) 9 to Colonel Robert Monro of Fowlis. She died in 1616, 4 in the flower of her age,' after giving birth to a daughter.10 5. Janet, married, as his second wife, to George Ogilvy, first Lord Banff.11 (See that title.) WILLIAM SUTHERLAND of Duffus was, on 30 April 1616, served heir to his late father, William Sutherland, in the tally with the retours in 1726 of Alexander Sutherland of Clyne, one generation more being indicated in the retours than has been discovered by evidence. Where the discrepancy arises is not clear. x Part. Reg. Sas., Inverness, 11 January 1672. 2 Retours, Sutherland, No. 17. 3 Sutherland Writs. 4 Services of Heirs, 1720-29, p. 29. 5 Keith Reg. Baptisms. 6 Sutherland Writs. 7 Inverness Tests., 11 November 1784 ; Services of Heirs, 1780-89, p. 45. 8 Sutherland Book, i. 407. 9 Ibid., i. 514. 10 Sir Robert Gordon's Genealogy, etc., 328. " P. C. Reg., 2nd ser., iii. 263. 206 SUTHERLAND, LORD DUPFUS lands and barony of Skelbo, comprehending a considerable extent of territory within the earldom of Sutherland, then accounted in the sheriffdom of Inverness.1 From the date of his accession to his estates he was more or less embroiled with his neighbours, beginning with differences between him and Sir Robert Gordon, then Tutor of Sutherland. He also took up an aggressive position in regard to the tithes of his lands of Pronsies, and not only endeavoured by legal means to obtain right to them instead of the patron, the young Earl of Sutherland, but he carried off the teind-sheaves to his own barns. These, however, he was compelled by the Sheriff of Sutherland to disgorge. The matter was taken to the Court of Session, who decided against him in the matter of the tithes : but he was willing to submit other questions in dispute to arbitration, and the affair was finally arranged at Elgin in October 1617.2 In 1621, however, he again became involved in a serious dispute, this time with John Gordon, younger of Embo. The Laird was the first to use violence, and assaulted Gordon, wounding him slightly. This led to a feud between the families, which, though composed for a time, broke out again in 1625. The parties appeared in the law-courts, but resisted all attempts at reconciliation, when the compara- tively sudden death of the Laird of Duffus, in October 1626, removed one of the disputants, and his executors joined in a reconciliation between the families.3 This Laird married, 1612, Jean, daughter of John Grant of Freuchie,4 contract 19 September, who survived him, marrying, secondly, Thomas Mackenzie of Pluscarden. They had issue : — 1. ALEXANDER, who succeeded, afterwards first Lord Duffus. 2. William, who is named in the testament, dated in 1674, of his brother, Lord Duffus. He had the lands of Inverhassie in 1694. His son (1) James, along with his father, had in 1694 a bond from James, second Lord Duffus, for 3000 merks.6 He also held the lands of Dalnamain.6 He died before 1722. He had at least 1 Retours, Sutherland, No. 3. 2 Sutherland Book, ii. 126, 127 ; Sir Robert Gordon's Genealogy, etc., 329, 342, 344, 345. 3 Ibid., 364, 365, 397, 404. 4 Chiefs of Grant, i. 196. 5 Writs in Sutherland Charter-chest. 6 Ibid. SUTHERLAND, LORD DUFFUS 207 i. James, styled of Evelix. He married, 8 August 1726, Margaret, eldest daughter of John Sutherland of Bearquhar. (See p. 202 supra.} He was still alive and over eighty in 1784. l He had an only son, Lieutenant Hugh Sutherland of Evelix, who, in 1776, was served heir-male general to his grand- father, James Sutherland of Evelix, formerly of Inverhassie.2 He married Magdalene, daughter of John Clunes of Neilston (see p. 202 supra), and was alive in 1819. 3. John, styled brother of the Laird of Duffus in 1649, when named on the Commission of Supply for the county of Elgin.3 He became a lieutenant-colonel. He was dead before 23 January 1658,4 without issue. His brother William was by a clare constat declared his heir in the lands of Kinminitie and others in co. Banff, and was inf ef t in September 1662.5 He married (contract dated 7 and 10 March 1656) Isabella, eldest daughter of David Ross of Balnagown, who survived him and was married (contract dated 9 May 1659) to James Innes of Lichnet, brother of Sir Robert Innes of that Ilk.6 4. Anna, married to Patrick Grant, brother of James Grant of Freuchie. A disposition dated 7 December 1660 was granted to her and her spouse by her uncle James over Oluniemoir, Oluniebeg, and other lands. She was still alive in 1663.7 I. ALEXANDER SUTHERLAND of Duffus, was only four years and ten months old when he succeeded to his father, and he was served heir on 11 January 1627, while still an infant, his uncle James being served as his tutor on the same day.8 In 1641, after the Scots army had invaded England and occupied Newcastle and its neighbourhood, the Laird of Duffus accompanied the Earl of Sutherland on a visit to the camp, and apparently to other places in England, but he returned in the Earl's train to attend the meeting of Parliament at Edinburgh in July 1641. The laird also was in Edinburgh in August to greet King Charles I., who then 1 Writs in Sutherland Charter-chest. 2 Services of Heirs, 1770-79. 3 Acta Parl. Scot., vi. pt. 2, 192. * Part. Reg. Sas., Elgin, etc., v. 12. 6 Gen. Reg. Sas., vii. 186. 6 Part. Reg. Sas., Banff, ix. 109. 7 Gen. Reg. Inhibitions, 5th ser., vol. vii., 9 January 1664. This marriage is not noticed by Sir William Fraser in his Chiefs of Grant. 8 Retours, Elgin, etc., No. 43; Inquisitiones de Tutela, No. 421. 208 SUTHERLAND, LORD DUFPUS paid a visit to Scotland.1 He was knighted on that occasion, or perhaps later, as he is, about 1643, styled Sir Alexander, and appears on various Parliamentary Committees. He was also member or commissioner for Sutherland in 1646.2 He was a supporter of the Covenant, and as a consequence his estates, probably those in Moray shire, suffered from attacks by the Royalists. He therefore, in 1647, petitioned Parliament for redress on account of his losses and suffer- ings for adherence to the Covenant, and was voted £10,000 Scots for himself and £2000 Scots for his uncle James, to be paid out of the money payable by the English Parliament.3 In the following year his wife died, and he was so affected that he went abroad, though he was named one of the colonels appointed for the defence of the country. He travelled in France and Holland, and, ' much bettered by his travels,' returned to Scotland with King Charles n. on 24 June 1650.4 He attended the Parliament held at Perth in 1651, and was then styled a Peer by the title of LORD DUFFUS.5 He did not accompany the Scots army on its march to England, as he was sent from Stirling to Perth to defend it against the attack of Cromwell, but was compelled to surrender the town, which he had occupied, according to Sir James Balf our, only twelve hours previously with 600 men.6 He also, it is said, sent on 8 August, though this seems doubtful, a detachment of his men to aid in the defence of Dundee, but without avail, as it was stormed and taken 1 September 1651.7 On account of his loyalty he was fined by Cromwell in the sum of £1500, but the amount was reduced to £600.8 After the restoration of King Charles n. Lord Duffus seems to have gone to London, and while staying there received some letters from Archibald, Lord Lome, afterwards ninth Earl of Argyll. One of these had unfortunate consequences. It was anonymous, and animadverted somewhat on the conduct of certain members of the Scots Parliament. It 1 Sir Robert Gordon's History, 507. 2 Ada, Parl. Scot., vi. pt. i. 613. 3 Ibid., 800. 4 Sir Robert Gordon, 557. & Ibid., 560. Crawfurd in his Peerage gives the date of creation as 8 December 1650, perhaps the date of the original patent, which is lost. The records of Parliament show that he continued to be styled Laird of Duffus up to and including 27 May 1651, while he is styled Lord Duffus and ranked among the noblemen on 3 June 1651 ; Acta Parl. Scot., vi. part ii. 669, 679. 6 Balfour's Annals, iv. 313, 314. 7 Sir Robert Gordon, 560. 8 Acta Parl. Scot., vi. part ii. SUTHERLAND, LORD DUFFUS 209 never reached Lord Duffus, as it was in some way inter- cepted and fell into the hands of the Earl of Middleton, then High Commissioner in Scotland. He laid the letter before the Parliament, by whom it was construed as treasonable, and Lord Duffus was questioned as to the identity of the writer. He admitted the authorship of the letter, and Lord Lome himself acknowledged the fact, for which he, after a trial, was condemned to death for high treason.1 Lord Duffus died on 31 August 1674. The first Lord Duffus was four times married, his first wife being Jean, daughter and co-heiress of Colin Mackenzie, first Earl of Seaforth, widow of John Sinclair, Master of Berridale. She died on 31 March 1648 in childbed, having had, it is said, four sons by her second husband. She is described as 4 a comelie, oblidging, religious, and good lady/2 He married, secondly, on 13 January 1653, Jean, fifth daughter of Sir Robert Innes of Innes, who died 10 March same year;3 thirdly, Margaret, second daughter of James Stewart, fifth Earl of Moray, who died in January 1667 ;4 and fourthly, Margaret, eldest daughter of William, eleventh Lord Forbes,5 who survived him and was married, about 1675, to Robert Gordon, afterwards third Baronet of Gordonston, but died on 16 April 1677. Lord Duffus had four sons by his first wife, all living on 31 March 1648, but his only recorded issue are : — 1. JAMES, who succeeded him. 2. Margaret, named in her father's will. 3. Henrietta, also named in her father's will ; married to George, fourth Earl of Linlithgow, without issue.6 II. JAMES, second Lord Duffus, succeeded his father in 1674. He is found attending the Scots Parliament in 1678, 1681, 1685, and became a Privy Councillor in 1686. He appears to have become considerably embarrassed by debt, and is said to have sold or mortgaged his estates to his second son. In 1688 he was pressed for payment by one of his creditors, William Ross, younger of Kindeace, and while walking together between Balnagown and the ferry of 1 Ada Parl. Scot., vii. 380, App. 89. (See vol. i. 363.) 2 Genealogy of the Family of Sutherland, 452. 3 Part. Reg. Sas., Elgin, iv. ; Diary of Laird of Brodie, 30. 4 Wardlaw MS., Scot. Hist. Soc., 474. 6 Sutherland Book, i. 515 ; Part. Reg. Sas., Elgin, iv. « Ibid., 515. VOL. III. O 210 SUTHERLAND, LORD DUFFUS Inverbreakie, Lord Duffus, apparently in a moment of ex- asperation, drew his sword and ran his companion through the body. After the crime, he fled into England, where he remained until his friends procured for him a remission from the Grown. On 8 April 1688, referring to the tragedy, his mother-in-law Lady Seaf orth wrote to him, ' Many a man has fallen in such ane accident worse than your circum- stances was, yet has been at peace with God and all the world, and lived very happily for all that.' l His remission could not have been long delayed, as on 16 March 1689 he was one of those who subscribed the act declaring the legality of the meeting of the Estates summoned by the .Prince of Orange,2 and later, on 15 April 1690, he took the oath of allegiance to the Prince as King William the Third.3 In 1695 an Act was passed allowing him the privilege of two yearly fairs and a weekly market at Duffus.4 In 1701 he voted on behalf of the Darien Company,5 and he was one of those who objected to an increase of the forces.6 The second Lord Duffus died 24 September 1705, having married (contract dated 5 September 1674) Margaret, eldest daughter of Kenneth Mackenzie, third Earl of Seaforth.7 She survived, him barely a year, dying in August 1706.8 They had issue : — 1. KENNETH, who succeeded as third Lord Duffus. 2. James, who became an advocate 1 February 1704. He is said to have acquired the Duffus estates by bond from his father, and to have obtained the purchase- money on loan from Mr. Archibald Dunbar of Thun- derton, and it is added that as he could not refund it, he was obliged to part with the estates to his creditor. This view of the matter appears doubtful, from the fact that James and Kenneth, the second and third Lords Duffus were the parties to the trans- action, and Mr. Archibald Dunbar on 20 February 1712 obtained two decrees of adjudication against Kenneth Lord Duffus.9 He married, after 1704, Elizabeth, only surviving child and heiress of Sir William Dunbar, Bart., of Hempriggs, and relict of 1 Scottish Antiquary, iv. 51, 52. 2 ActaParl. Scot., ix. 9. 3 Ibid., 109. 4 Ibid., 502. 6 Ibid., x. 246. 6 Ibid., 294. 7 Sutherland Book, i. 515. 8 Moray Tests. 9 Decreets, Dalrymple, at date. SUTHERLAND, LORD DUFFUS 211 Sir Robert Gordon, third baronet of Gordonston, and, assuming the surname of Dunbar, was created a Baronet on 10 December 1706. He died before 1739, leaving issue by his wife, who survived him until 11 March 1756, aged seventy-nine, two sons and four daughters : — (1) Sir William Dunbar, Baronet, of Hempriggs, who succeeded. He married, first, 6 January 1729, Elizabeth, only daughter and heiress of Alexander Dunbar of Westfield. She died 3 June 1746, with issue. Secondly, 21 March 1747, Jean, daughter of David Sinclair of Southdun. She died 9 August 1749 s.p. And thirdly, 21 October 1749, Henrietta, daughter of Hugh Rose of Kilravock. She died September 1795; issue two sons and three daughters. He died in 1792, leaving issue : — i. Kenneth, born 14 October 1729. ii. James, born 12 November 1730, died young, iii. SIR BENJAMIN SUTHERLAND DUNBAR, of whom here- after &s sixth Lord Duffus. iv. Robert Sutherland Dunbar. v. Elizabeth, born 3 April 1732. vi. Margaret, born 26 July 1733. vii. Grizel, born 1 February 1735. viii. Christian, born 18 May 1736. ix. Janet, the only surviving child of first marriage, and heiress of Westfield ; married, 26 February 1762, to Thomas Dunbar of Grangehill, who took the designa- tion of Westfield. She died 16 September 1769, aged twenty-seven, and had issue. x, xi, and xii. Elizabeth, Alexandrina, Williamina. (2) James, an officer in the army. He died or was killed in Jamaica in 1742 s.p. His brother was served heir to him in 1760. (3) Janet, married, first, 1 January 1738, to John Sinclair of Barrock ; secondly, to Harry Innes of Borlum and Sandside, with issue by both. (4) Charlotte, married, 23 December 1731, to William Sinclair of Keiss, and had issue. (5) Elizabeth, married to her cousin Eric, son of the third Lord Duffus. (See below.) (6) Rachel, married to James Sutherland of Langwell, with issue. 3. William Sutherland of Roscommon, who took part in the rising of 1715, after which he went abroad. He married (contract dated 20 and 22 October 1702) Helen, eldest daughter of William Duff of Dipple, and sister of the first Earl Fife. She died July 1740, without issue. 4. John. 5. Alexander. 212 SUTHERLAND, LORD DUPFUS 6. Elizabeth. 7. Frances. 8. Henrietta, born 21 February 1684. 9. Mary, married to James Sinclair of Mey, and had issue. (See title Caithness.) 10. Katharine, married to John Cuthbert, town-clerk of Inverness, and had issue. III. KENNETH, third Lord Duffus, succeeded in 1705, but was in the West Indies on the service of the Grown at his father's death, on which account he had an extension of the legal period for entering as heir to the estate. He was a captain in Queen Anne's Navy, and on 29 June 1711, with his own ship alone, a frigate of forty-six guns, he engaged eight French privateers, and after a desperate resistance, was taken prisoner, having received five bullets in his body. He voted for the Union in 1707, but joined the Jacobites in 1715. In or about October of that year he marched into Tain at the head of between four and five hundred men of the Mackenzies, Chisholms, and Macdonalds, and pro- claimed the Chevalier St. George as King James viii. At the same time he endeavoured to induce the Lairds of Gulloden and Kilravock to surrender their houses and arms, but without success. The rebels then marched towards Perth to join the Earl of Mar, but their progress southward was delayed.1 His estates were forfeited, and he himself went abroad apparently by way of Caithness to Sweden. While there he learned that he was being searched for, and prepared to come home and surrender him- self, declaring his intention to the British minister at Stockholm, who notified the English Secretary of State. But on his way to England he was seized by order of the British resident at Hamburg, and confined there till the time for surrender was past. He was con- veyed a prisoner from Hamburg to the Tower of London, but was liberated without a trial in 1717. Later he entered the Russian naval service. He died before 18 March 1733-34,2 having married (contract dated 30 March 1708) Charlotta Christina, daughter of Eric Sioblade, governor of Gotten - berg, who survived until 1771. 3 He had issue : — 1 Sutherland Book, i. 334, 348, 351 ; ii. 55, 56. 2 House of Lords Journals, at date. 3 Edin. Tests., 26 September 1778. SUTHERLAND, LORD DUFFUS 213 1. ERIC, who succeeded. 2. Charlotta, named in 1778 as one of her mother's executors. 3. Anna, married to Baron and Count Marshal Gustaff Adolph Palbitzki of Sweden. She was named in 1778 as one of her mother's executors. IV. ERIC, who succeeded as titular Lord Duffus, was baptized 29 August 1710. In 1734, after his father's death, he presented a petition to King George n. narrating the facts of his father's detention in Hamburg, and disputing the ground of his attainder. The House of Lords decided against the claim, and declared that he had no right to the title.1 He seems, however, as appears from letters both by himself and his wife, to have assumed the title, and it was acknowledged by his neighbours.2 He is said to have held an ensigncy in Colonel Disney's regiment in 1731. During the insurrection of 1745 he remained loyal, and sent intelligence of the rebels to the Earl of Sutherland, though he did not take part in any military operations, residing at his house of Ackergill during the troubles. His relations with the Earl's family were extremely friendly.3 He died on 28 August 1768, at Skibo, it is said, but more probably at Skelbo, where he had a house.4 He married his cousin Elizabeth, daughter of Sir James Dunbar of Hempriggs, who survived him, dying on 21 July 1800. They had issue : — 1. JAMES, who succeeded. 2. Axel or Axley Sutherland, who died s.p. 3. Elizabeth, married, first, to Captain Alexander Sin- clair, son of Sir William Sinclair of Keiss— issue, one son, who died v.p., s.p. ; secondly, to Charles Sinclair of Olrig, issue a son, who died s.p., and three daughters ; and thirdly, on 5 December 1772, to the Rev. James Rudd, B.A., rector of Newton Kyme and Full Sutton, Yorkshire, by whom she had issue :— (1) The Rev. Erick Rudd of Thorne, near Doncaster, who claimed the title as heir of line of his uncle James, 1827. (2) James Sutherland Rudd. 1 House of Lords Journals, 18 March 1733-34 and 5 April 1734 2 Sutherland Book, ii. 258, 269, 270. 3 Ibid., 269, 270. 4 Cf. Ibid., i. 418. 214 SUTHERLAND, LORD DUFFUS 4. Charlotte, married to Sir John Sinclair of Mey, by whom she had issue James, twelfth Earl of Caithness. (See that title.) 5. Anne, married to George Mackay of Skibo, and had issue. (See title REAY.) V. JAMES, in whose favour the title was restored by Act of Parliament 25 May 1826, was born in 1747, and in 1770 was retoured heir-general to his father.1 He was an officer in the army. He died 30 January 1827, unmarried, in Harley Street, Marylebone. He was buried on 7 February in Marylebone Church, and was succeeded in his title by his cousin, VI. BENJAMIN, otherwise Sir Benjamin Sutherland Dunbar of Hempriggs, son of Sir William Dunbar of Hempriggs, as previously stated, born 28 April 1761, who, as heir-male, assumed the title on the death of James, Lord Duffus, in 1827, though his right to do so was disputed by the Rev. Erick Rudd, who claimed as heir of line. He was born 28 April 1761, and married, 10 December 1784, at Bighouse, Janet, eldest daughter of George Mackay of Bighouse. He died in May 1843, survived by his wife, who died 15 March 1857. They had issue : — 1. William, died young. 2. GEORGE SUTHERLAND DUNBAR, who succeeded. 3. Captain Robert Sutherland Dunbar of Latheron Wheel, born 12 April 1801 ; died unmarried 18 August 1857. 4. Louisa, married, on 17 September 1805, to Garden Duff of Hatton, and died 10 June 1865. Her husband died 15 March 1858, leaving issue. Her chief male de- scendant and inheritor from his great-granduncle, the seventh Lord Duffus, of the estates of Hempriggs and Ackergill is Sir George Duff Sutherland Dunbar, Bart., of Hempriggs, etc., lieutenant in 2nd Battalion Cameron Highlanders, born 29 May 1878. 5. Elizabeth, who died unmarried 21 August 1811, aged twenty-one. 6. Henrietta, married, 20 March 1810, to William Sinclair 1 Services of Heirs. SUTHERLAND, LORD DUFFUS 215 Wemyss of Southdun. She died on 3 November 1820, her husband in 1831, and they had issue. VII. GEORGE, seventh Lord Duffus, was born 6 June 1799, and succeeded his father in May 1843, but never assumed the title. He died on 28 August 1875, unmarried, and he was succeeded in his estates by his grandnephew, Garden Duff Dunbar, father of the present possessor, but the issue male, and presumably the title of the grantee, became extinct. CREATION. — 1651, Lord Duffus. ARMS. — Not recorded in Lyon Register. The arms borne by different members of the family varied considerably. The seal of Alexander Sutherland of Duffus, 1434, bore three stars in chief, and as many cross-crosslets in base. William Sutherland of Duffus, 1540, bore a shield parted per f ess and the upper portion per pale ; first, three stars, for Sutherland ; second, three cross-crosslets fitchee, for Chein, and in base a boar's head erased, for Chisholm.1 In the Lyon Office MS. entitled Peers7 Arms, circa 1720, the arms are given as, Gules, a boar's head erased, surmounted by three stars and as many cross-crosslets fitchee alternatively disposed orle- wise, or. CREST. — A stag's head couped proper. SUPPORTERS. — Dexter, a greyhound argent collared gules ; sinister, a horse argent. MOTTO.— Butt sicker. [J. A.] 1 Macdonald's Armorial Seals, Nos. 2747, 2748. DOUGLAS, EARL OF DUMBARTON BORGE DOUGLAS, who was the first to bear this title, was the second son of the second mar- riage of William, first Marquess of Douglas. (See title Angus.) His mother was Mary Gordon, daughter of George, first Marquess of Huntly, and he was born probably in 1636. In 1647, King Charles i. gave him per- mission to go to France, and be abroad for five years, doubtless for the purposes of study. He entered the service of King Louis xiv., and in 1653 was made colonel of the Scottish Regiment in France, which had been commanded successively by his elder brothers Lord James Douglas J and the Earl of Angus. The latter resigned the command, with all its pensions and emolu- ments, in favour of his brother George, on 7 March 1653.2 In 1669 Lord George and his regiment were summoned from France, and entered the British service, and on 9 March 1675 King Charles n., for services in France and the recent Dutch war, conferred upon him the title of EARL OF DUMBARTON and LORD DOUGLAS OF ETTRICK to him and the heirs-male of his body.3 1 A predecessor of Lord James Douglas in the colonelcy of the regi- ment was the celebrated Sir John Hepburn, who was killed in 1636. 2 Resignation in Douglas Charter-chest. 3 Reg. Mag. Sig., Lib. v 65, No, 31. DOUGLAS, EARL OF DUMBARTON 217 This, however, was a mere titular dignity, and the Earl had no estates in Scotland until he received in January 1686, from King James vn., a grant of the escheat of Andrew Fletcher of Salton.1 When King James came to the throne in 1685, the Earl of Dumbarton was appointed Commander- in-chief of the Forces in Scotland, and conducted the campaign against the Earl of Argyll, when the latter en- deavoured to raise an insurrection on behalf of the Duke of Monmouth. In 1688 he followed his royal master King James into exile, and died at St. Germain-en-Laye 20 March 1692. He was buried, with his grandfather and others of his family, in St. Christopher's aisle in the Abbey of St. Germain des Pres, Paris. He married Anne, sister to the Duchess of Northumberland, and daughter of Robert Wheatley of Bracknell, Berks; she predeceased her husband on 25 April 1691, and was buried in the same abbey. They had issue one son, II. GEORGE, second Earl of Dumbarton, who was born in or about April 1687. His courtesy title was Lord Ettrick.2 In 1704 he had inclinations towards a religious life, but Queen Mary of Modena wrote to him on 27 October that year, desiring earnestly to see him and advise him before he finally assumed the habit of a monk.3 He became lieutenant-colonel in Dubourgay's Foot in the British service 1715, and was envoy to the Czar of Muscovy April 1716. Having been long absent from England, he died at Douay in Flanders 7 January 1748-49, when his honours became extinct.4 CREATION. — 9 March 1675, Earl of Dumbarton and Lord Douglas of Ettrick. ARMS.— (Not recorded in Lyon Register, but given by Nisbet.5) Quarterly: 1st, azure, a lion rampant argent, crowned or ; 2nd, or, a lion rampant gules surmounted of a ribbon sable ; 3rd, argent, three piles gules ; 4th, or, a fess chequy azure and argent surmounted of a bend gules charged with three buckles of the first; over all, on an 1 A eta Parl. Scot. , viii. 622. 2 Douglas Book, iv. 281. 3 Hist. MSS. , Stuart Papers, i. 197. 4 Complete Peerage. 5 Lord Dumbarton's seal is given in Fraser's Douglas Book, ii. 432. 218 DOUGLAS, EARL OF DUMBARTON escutcheon argent, a man's heart gules, ensigned with an imperial crown proper, on a chief azure three mullets of the first ; the whole within a bordure of France and Eng- land, quarterly, 1st and 4th, azure, three fleurs-de-lys or, 2nd and 3rd, gules, three lions passant guardant or. OREST. — A salamander vert in flames of fire proper. SUPPORTERS. — Dexter, a savage proper holding a baton erected, and wreathed about the middle with laurel vert ; sinister, a stag proper armed and enguled or, both standing on a pile of wood wreathed and impaled for a compartment. MOTTO. — Jamais arriere. [J. A.] CRICHTON, EARL OF DUMFRIES ILLIAM CRIOHTON, who may have been a younger son of Alexander Orient on, named in the homage roll of 1296 (see title Orichton), was the first of his family to pos- sess the lands of San- quhar, from which his successors afterwards took the title of Lord San- quhar, which they held for several generations. He however only held the half of the whole barony, which was divided be- tween him and Richard Edgar, the latter getting also the chief messuage of the lands, as the husband of the elder of two heiresses, while Orichton married the younger.1 His half of the barony was valued at the then considerable sum of one hundred merks yearly, as appears from an Exchequer account of King Edward in. in 1335, when it was forfeited owing to Orichton adhering to^the patriotic party in Scot- land, but the land brought no revenue to the English king, as it was then waste.2 William Crichton, of whom nothing more is recorded, married a lady named Isabella.3 Her surname is said to have been Ross, but her identity has not been certainly discovered. The chief direct evidence at present is that 1 Reg. Mag. Sig., fol. ed. i. 7. 2 Cat. Doc. Scot, iii. 318. ' Reg. Mag. Sig., ut cit. 220 CRIOHTON, EARL OF DUMFRIES the ' water budgets ' of Ross formed part of the armorial bearings of the Crichtons of Sanquhar as distinguished from the other families of the name.1 The next possessor on record of the lands of Sanquhar is EDWARD ORICHTON, described as Lord of Sanquhar in a charter to which he is a witness, granted by Sir John Orichton Lord of Orichton, in favour of his own brother, Humphrey Orichton, of the lands of Bagthrop, the Byres, Sheepcotleys, and Winterhope in the holding of Carruthers, Annandale. The charter is not dated, but it is confirmed by George, Earl of D unbar, in a writ also without date, but some time between 1368 and 1400, probably not far from the latter date.2 Edward Orichton of Sanquhar also appears in a writ of 1412, which narrates the marriage of Gilbert Grierson, younger of Lag, to Isabella Kirkpatrick, one of the heiresses of Torthorwald.3 He was succeeded by SIR ROBERT ORICHTON of Sanquhar, who is first named in a charter of 13 March 1433-34, when he received from Alexander Sutherland of Duffus twenty-one oxgangs of lands in the east part of Strathbrock, co. Linlithgow, and he seems to have held the other half of Strathbrock from Keith of Inverugy.4 He had attained the rank of Knight before 1440, when he is so styled as a witness to royal charters, and when he and Sir William Orichton of that Ilk, afterwards Chancellor, granted what may be called mutual entails of certain lands.5 On 31 March 1450 he had a charter of some lands near Moffat in Annandale.6 He was appointed Sheriff of Dumfries on 6 November 1452, and the office became hereditary in his family.7 He is also named as an heir of entail in a charter to the Chancellor of the lands of Dryfesdale.8 He was frequently present in Parliament, and on 11 October 1464 witnessed the usual revocation by King James in. of grants made in his minority.9 The office of Coroner of Nithsdale was bestowed on him in 1 Cf. Macdonald's Scottish Armorial Seals, Nos. 549-552 ; cf. article on Lord Crichton, p. 53, ante. 2 Book of Carlaverock, ii. 420. 3 Writ in Gen. Reg. House, No. 232. 4 Reg. Mag. Sig., 10 March 1439-40; Acta Dom. Cone., 5. 6 Reg. Mag. Sig., 27 February 1439-40, 11 and 27 April 1440. 6 Ibid., at date. 7 Ibid., 23 April 1464. 8 Ibid. 9 Acta Part. Scot., ii. 56, 57, 84, 88, 89, 93; xii. 25 ; cf. Reg. Mag. Sig., 11 Oct. 1464. CRICHTON, EARL OF DUMFRIES 221 January 1468-69.1 Various other transactions in land are recorded, and he appears to have held, besides his original barony of Sanquhar, the lands of Longniddry, East Lothian, which he exchanged for Eliock in Dumfries and Bar- muckity and other lands in Morayshire.2 He is referred to on 17 October 1478,3 and was then alive, but died not long after, as in 1479 his successor had infeftment in the lands of Sanquhar.4 He married a lady named Elizabeth, but her surname has not been ascertained.5 He had issue : — 1. ROBERT, who succeeded. 2. Alexander, who is named along with three younger brothers in 1463, when their father granted to them in succession the lands of Kirkpatrick, co. Dumfries.6 According to Orawfurd, he had a charter in 1466 from his father of the lands of Orawfordstoun, co. Dumfries.7 It was probably his descendant John Crichton of Crawfordstoun, who, having no son, entailed his estate in 1647 upon his then three daughters, whom failing, on John Crichton, son of his brother Robert, whom failing, on John, son of James Crichton, brother to the Earl of Dumfries. In 1656, he entailed the estate successively on his five daughters Agnes, Jean, Margaret, Barbara, and Elizabeth, and their children and heirs-male as named.8 3. Laurence, named in the charter of 1463 cited, and again in 1467, when his father granted to him and his brothers Thomas and Robert successively the lands of Barmuckity and others in co. Elgin.9 In 1630 his heir by progress was William, ninth Lord Crichton, afterwards first Earl of Dumfries.10 4. Thomas, named with his elder brothers in 1463 and 1467. 5. Patrick, named, as above, in 1463 and 1467. 6. Edward, who had a charter from his father of the lands of Kirkpatrick, date not stated,11 but perhaps 1 Reg. Mag. Sig., 8 January 1468-69. 2 Ibid., at date. 3 Acta Dom. Cone., 13. 4 Exch. Rolls, ix. 679. 6 Reg. Mag. Sig., 10 March 1439-40. 0 Ibid., 23 August 1463. 7 Crawfurd's Peerage, 123 n. 8 Laing Charters, Nos. 2377, 2499. 9 Reg. Mag. Sig., 3 July 1467. 10 Ibid., 4 June 1630. 11 Confirmed, with other charters, to Edward on 10 August 1484 (Reg. Mag. Sig.). 222 ORICHTON, EARL OF DUMFRIES about 1466, when his brother Alexander got Oraw- fordstoun. He is usually styled of Kirkpatrick. He had issue a son, Robert, whose son, also Robert, was succeeded before 13 December 1512 by a son, John, then a minor.1 7. Mr. George, is named in 1463 as son of Sir Robert Oichton. He was probably a Churchman. 8. Elizabeth, married, before 7 June 1482,2 to William Douglas of Drumlanrig, and had issue. 9. Christian, married, first, before 1451, 3 to Sir Robert Colville of Ochiltree, and had issue (see title Oul- ross) ; secondly, before October 1466, to Alexander, Master of Erskine,4 and died between November 1477 and March 1477-78.5 10. Margaret, married, before July 1459, to David Her- ries of Terregles,6 and had issue. I. ROBERT ORICHTON of Sanquhar, who was styled c of Kin- noul ' during his father's lifetime. He was twice married before 1457, but first appears in public record in 1463 as a witness to a charter by his father.7 In 1478 he had a grant of the superiority of the lands of Panbride, co. Forfar, with an annualrent of £3, apprised from Walter Ogilvy of Owres, for a debt of 200 merks.8 He succeeded his father towards the end of 1478, or in 1479, as he had about that time infeftment from the Orown in his lands of Sanquhar and others,9 and he was styled of Sanquhar 17 June 1480.10 He aided in making resistance to Alexander, Duke of Albany, and James, Earl of Douglas, in their invasion of Scotland and attack on Lochmaben on 22 July 1484, a service which was recognised a month later by the ratification to him of the sheriflship of Dumfries and of his barony of Sanquhar.11 From another writ, about the same date, it appears that Sanquhar, then an ancient burgh of barony, had lost its charters by war and fire, and in answer to Robert Crichton's petition its rights as a free burgh of 1 Reg. Mag. Sig., 4 May 1499; Protocol Book of James Young. 2 Original Charter in Drumlanrig Charter-chest. 3 Reg. Mag. Sig., 16 February 1450-51. 4 Acta Auditorum, 3. 6 Ibid., 70. 6 Reg. Mag. Sig., 20 July 1459. 7 Ibid., 17 October 1463. 8 Ibid., 31 October 1478. 9 Exch. Rolls, ix. 679. 10 Acta Dom. Cone., 55. " Reg. Mag. Sig., 20 August 1484. ORIOHTON, EARL OF DUMFRIES 223 barony were confirmed with all privileges.1 He appears in the Parliaments of 1481, 1483, and 1487 before the death of James in. and after the accession of James iv. in the Parliament of 1491, 2 where he is styled Lord Orichton, having been made a Lord of Parliament on 29 January 1487-88 by the title of LORD CRIOHTON OF SANQUHAR.3 He died between July 1494 and February 1494-95.4 He married twice, first, Margaret Hay, of what family is not stated, and secondly, in or before 1457, Christian Erskine, daughter and heiress of Sir John Erskine of Kinnoull. She had been contracted on 6 July 1445, after her father's death, to James, son and heir of James, first Lord Living- ston,5 but was not married to him. She was then married to a John Orichton, and lastly to Robert Orichton. They had a papal dispensation after their marriage, dated 3 December 1457, narrating that they had married knowing that Margaret Hay, Robert's former wife, had stood to Christian in the fourth and fourth degrees of consanguinity, and that John Crichton, Christian's former husband, had been related to Robert in the third and third degrees per diversas stirpes.* Christian Erskine was still alive in 1478, and they had issue, so far as known, one son, Robert, of whom very little is on record. He is first referred to in 1472, in his contract of marriage, and on 17 July 1476 is described as Robert Orichton of Riccarton,7 an estate gifted to him and his wife. After his grandfather's death he appears as Robert Crichton of Kinnoull. In February 1483-84 an action by him for payment of multure to his mill of Bale- gerno, in his lordship of Kinnoull, and for damages for the destruction of a house belonging to him, was decided in his favour.8 He died before February 1491-92, when he (then deceased), his father Lord Orichton, and his son Sir Robert, are all named as parties to an action before the Lords Auditors.9 He thus predeceased his father. His wife was Marion, daughter of John Stewart, first Earl of Lennox. The marriage-contract is dated 8 May 1472, and his 1 Reg. Mag. Sig., 20 October 1484. 2 Acta Parl. Scot., ii. 134, 153, 175, 229. 3 Ibid., ii. 181. 4 Acta Dom. Cone., 358, and MS. xiii. f. 5. 6 Spalding Club Misc., v. 282. 6 Lateran Regesta, Dxxvii. 138. 7 Acta Auditorum, 52.^8 Ibid., 131*. » Ibid., 165, 246. 224 CRICHTON, EARL OF DUMFRIES father and mother, Robert Orichton and Christian Erskine, bind themselves to infeft him and his wife in the lands of Richartoun or Riccartoun, co. Lin- lithgow.1 He had issue — (1) SIR ROBERT, who succeeded as second Lord Crichton. (2) a daughter, married to Sir James Dunbar of Black- craig.2 A Mariota Orichton, married to Malcolm Crawford of Kilbirnie,3 and a Margaret Orichton, married to Alexander Home of Polwarth,4 have been assigned as daughters to this Robert Orichton, but the evidence is not complete. II. SIR ROBERT, second Lord Crichton, is first named as a party to a civil action on 14 February 1491-92, when he is described as son and heir of the deceased Robert Orichton of Kinnoull.5 He was then a knight. He is also styled of Forgandenny shortly before his succession to his grandfather, which was some time between July 1494 and February 1494-95.6 Both before and after his grandfather's death, he was curator to Herbert, Lord Herries, and because of his intromissions with his ward's estate had to pay to the King upwards of 400 merks. For this sum he mort- gaged his lands of Hilton Malar and Kirkton Malar, which he assigned to the King's Comptroller.7 After this he appears to be frequently in debt, or never free from Grown casualties, and he sold or mortgaged parts of his lands from time to time during the next few years, the last of such transactions being 10 November 1512.8 A year before he exchanged lands in Perthshire, the Malars, Forgandenny, and others, for the lands of Kirkpatrick Irongray, co. Dum- fries, belonging to his kinsman Sir James Orichton of Fren- draught.9 He was alive on 13 July 1513, but died not long after that date, perhaps on the field of Flodden, as he may be the person indicated by the title ' le conte de Lancar ' in 1 The Lennox Book, i. 328, 329, where the contract is quoted from an old inventory, which does not give the parties correctly, but the main statement is as in the text. 2 Acta Dom. Cone,, xxv., f. 44b. 3 Reg. Mag. Sig., 9 May 1499. 4 Ibid., 3 May 1503. 6 Acta Auditorum, 165, 246. 6 Acta Dom. Cone., xiii. ff. 5, 59. 7 Reg. Mag. Sig., 20 November 1495, and 28 January 1496-97. 8 Ibid., 11 November 1512, and other dates per Index. 9 Ibid., 13 December 1511. CRICHTON, EARL OF DUMFRIES 225 the English Flodden Gazette.1 He was certainly dead before November 1513. He married, about 1491, a lady named Marion Maxwell, who survived him, and died before 10 July 1527.2 They had issue, so far as known, one son, ROBERT, who became third Lord. III. ROBERT, third Lord Orichton of Sanquhar, succeeded his father before 6 November 1513, when he had sasine of the barony of Sanquhar, and he was also infeft in Kinnoull on 2 December same year.3 He appeared in the General Council which met on 26 November 1513, to settle the question of a Regency/ In 1515 he sold the lands of Balm- blare and others to William, Lord Ruthven, and in the following year he had a charter to himself and his wife of the lands of Kirkpatrick-Irongray.5 He attended Parlia- ment on 4 July 1516, but little more is known of his history, and his career was brief, as he died before 16 October 1520,6 when a grant was made of the ward of his estates and the marriage of his heir. He married Eliza- beth Murray, said to be a daughter of Cuthbert Murray of Oockpool, who survived him, and was married again to Herbert Maxwell before July 1527.7 They had issue : — 1. ROBERT, fourth Lord Orichton. 2. WILLIAM, fifth Lord Orichton. 3. John Crichton of Ryhill was probably one of the three brothers of Lord Orichton taken prisoner in a Warden raid by Lennox and Wharton on 21 February 1547-48.8 He was tutor of law to his nephew Robert, Lord Orichton, in 1550, and he is named in a bond of man- rent to Lord Maxwell on 22 June same year.9 He is referred to in 1560 as tutor of Sanquhar, and as such was present at the Parliament which, on 17 August of that year, affirmed the Confession of Faith.10 He died before March 1581. u He married (contract dated 19 January 1554-55) Christian, daughter of Robert Dalzell of that Ilk (see title Carnwath), who 1 Acta Dom. Cone., xxv. f. 195 ; Pinkerton's History of Scotland, ii. 457. 2 Acta Dom. Cone., xxxvii. 149. 3 Exch. Rolls, xiv. 523, 531. * Acta Parl. Scot., ii. 281. 5 Reg. Mag. Sig., 27 September 1515; 12 July 1516. (i Reg. Sec. Sig., v. f. 151. 7 Acta Dom. Cone., xxxvii. 149. 8 Cal. Scottish Papers, i. 82. 9 Book of Carlaverock, ii. 477. 10 Acta Parl. Scot., ii. 526. 11 P. C. Reg., iii. 382. VOL. III. P 226 CRICHTON, EARL OF DUMFRIES survived him. They had issue a son Robert, from whom the lands of Ryhill were apprised, and were sold on 16 January 1606 to William Orichton of Darnhaunch, afterwards Earl of Dumfries.1 Robert Orichton died some little time before 9 April 1612.2 He married Katherine Crawford, who survived him, by whom he had a son, also named Robert, named in a writ of 29 January 1588.3 4. Herbert Orichton, taken prisoner with his brothers in February 1547-48. He is named also in the bond of manrent cited above, and in a contract of 24 June 1550, in which he is provided to the lif erent of lands worth 100 merks, but nothing further is known of him.4 The third Lord Orichton had also a natural son, William. He was made prisoner with his brothers. On 24 June 1550 he was provided to a lif erent of £40 Scots yearly.5 IV. ROBERT, fourth Lord Orichton of Sanquhar, suc- ceeded his father before 16 October 1520, when a grant was made to certain persons of the ward of all the lands of the late Robert Crichton south of the Forth, and of the marriage of his son and heir Robert.6 Nothing is recorded of his career, and he died before 7 January 1535-36 under age, or at least before formal entry to his estates.7 He married a lady who must have been much older than himself, Elizabeth Campbell, of West Loudoun, widow of William Wallace of Craigie, who survived him, and married, thirdly, as his second wife, William, Earl of Glencairn.8 The fourth Lord had no issue, and was succeeded by his brother, V. WILLIAM, fifth Lord Crichton of Sanquhar, who succeeded his brother some little time before 7 January 1535-36, when Malcolm, Lord Fleming, had a gift of his 1 Dumfries Writs. 2 Gen. Reg. Inhibitions, 2 ser., iii. 334. 3 Dumfries Writs. 4 Acta Dom. Cone, et Sess., xxvi. f. 133. Agnes Crichton, wife of Andrew Ker of Cessford, is ascribed as a daughter to this Lord Crichton, but she was not of the Sanquhar family. She was a daughter of Sir Patrick Crichton of Cranston- Riddell, and widow of George Sinclair, eldest son of Oliver Sinclair of Roslin (Acta Dom. Cone., xix. 9, 10, 343 ; Reg. Mag. Sig.., 20 Feb. 1508-9, 11 April 1510). 5 Acta Dom. Cone, et Sess., ut cit. 6 Reg. Sec. Sig., v. f. 151. 7 Ibid., x. f. 67. 8 Acta Dom. Cone, et Sess., v. f. 167 ; Acts and Decreets, iii. f. 32. CRICHTON, EARL OF DUMFRIES 227 marriage, ' the marriage of now Lord Crichton, heir of Lord Crichton deceased.1 1 He had precepts of sasine for entry to his lands of Sanquhar, Crawfurdston, Kirkpatrick, and others, as heir to his father, on 7 and 8 March 1538- 39,2 and the estates had been in ward since 1520, which shows his elder brother had never been infeft. He is referred to as granting and receiving various charters between 1540 and 1549, and he also attended Parliament frequently between the same dates.3 His career also was brief, as he was stabbed to death in a quarrel by Robert, Master of Semple, on 11 June 1550, in the house of the Governor Arran in Edinburgh.4 He married, before 24 March 1540-41, Elizabeth, daughter of Malcolm, Lord Fleming,5 who survived him, and had issue : — 1. John, who, on 26 July 1549, is described as son and heir-apparent? of William, Lord Crichton,6 but pre- deceased his father. 2. ROBERT,' sixth Lord Orichton, of whom after. 3. EDWARD, seventh Lord Crichton, of whom after. 4. Andrew, provided on 24 June 1550 to a liferent of 100 merks yearly. His nephew William Crichton of Townhead, afterwards first Earl of Dumfries, was served heir to him on 29 July 1612.8 5. William, provided in same contract to 100 merks yearly. He acted as tutor of his nephew Robert, eighth Lord Sanquhar, and is styled tutor of San- quhar between 1570 and 1589, during which period he took an active part in local affairs. He died before 31 July 1590.9 He married Katherine Oarmichael, and had issue : — (1) WILLIAM, ninth Lord Crichton, of whom after. (2) James of Abercrombie, styled, in 1598, son of William Crichton, tutor of Sanquhar. He was styled of Benchellis in 1624, and afterwards of Abercrombie, of which lands and barony in Fife he had a charter on 23 February 1635. He had also a charter of the lands and barony of Cumnock on 1 Reg. Sec. Sig., x. f. 67. 2 Exch. Rolls, xvii. 762, 763. 3 Reg. Mag. Sig. ; Acta Parl. Scot, ii. 410, 425, 443, 468, 594. 4 Pitcairn's Criminal Trials, i. 354*. 6 Reg. Mag. Sig., at date. 6 Ibid., 15 August 1549. 7 Robert and the four younger sons are all named and provided for in a contract of 24 June 1550 (Acta Dom. Cone, et Sess., xxvi. 133). John is not named, and must therefore have predeceased. 8 Dumfries Retours, No. 385. 9 P. C. Reg., vols. ii. iii. and iv. 517. 228 CRICHTON, EARL OF DUMFRIES 6 December 1643.1 He died before February 1654.2 His issue were :— i. James of Castlemains, who married Mary Douglas, widow of John Johnston of Wamphray.3 He was alive in 1677.4 ii. William, designed in his testament-dative ' sone law- full to James Crichtoun of Abercrombie.' He died in 1652.5 iii. Helen, married to William Crichton, styled Sheriff- depute of Ayr, and had issue three daughters, who were retoured to her on 26 April 1698.6 iv. a daughter, married to David Macbrair, who is styled son-in-law of James Crichton of Abercrombie in a writ dated 29 March 1643.7 (3) Robert, named in 1605 as brother of William Crichton of Darnhaunch. In 1637 he is described as Robert Crichton of Ryhill, and he died in November 1641. He married (contract dated 31 May 1621) Agnes, daughter of Robert Macbrair of Almagill, and had issue four sons, Robert, James, William, and John, and four daughters, Margaret, Elizabeth, Catherine, and Isobel.s The eldest of the sons became Sir Robert Crichton or Murray of Glenmure and Castle-Murray (see vol. i. 229). He had issue two daughters, the eldest of whom, Jean, was married to George Stirling of Auchyll,9 and the younger, Anna, was wife of Lord James Murray of Dowally.10 6. James, younger son of William, fifth Lord Sanquhar, was also, on 24 June 1550, provided to a yearly life- rent of 100 merks. He died before 15 March 1581-82, when his brother William, then * tutor of Sanquhar,' desired to be appointed his executor-dative.11 7. Elizabeth, the eldest daughter, for whom, on 24 June 1550, it was provided that the gift of the marriage of Alan, Lord Oathcart, should be obtained for her, and she was to be married to him on his attaining the age of fourteen, £1000 Scots of penalty being imposed on him if he refused the marriage, which he did.12 8. Margaret, who, under the same deed of provision, was to be contracted to Andrew Semple, second son of Robert, Master of Semple, as soon as she reached the age of twelve. A penalty of 600 merks was to be exacted if he refused.13 1 Reg. Mag. Sig., at dates. 2 Ayrshire Retours, No. 459. 3 Reg. of Privy Seal, ii. 103, 104. 4 Dumfries Writs. 6 Edin. Tests., 20 October 1654. 6 Dumfries Retours, No. 695. 7 Reg. of Deeds (Mack.), 19 June 1671. 8 Dumfries Tests., 10 June 1642 ; Reg. of Decreets (Mack.), 4 February 1665. 9 Stirlings of Keir, 171. 10 See Atholl, vol. i. 476. " Edin. Commissariot Decreets, at date. 12 Acta Dom. Cone, et Sess., xxvi. 133 ; Acts and Decreets, xix. 40. 13 Ibid. CRICHTON, EARL OF DUMFRIES 229 VI. ROBERT, sixth Lord Crichton of Sanquhar, had precept of sasine as heir to his father on 10 March 1557-58,1 and at that time had not reached his majority, as he was still a minor on 26 November 1558, when he chose curators.2 He is named in 1560, the year of the Reformation in Scotland, as among those nobles who were still * neuter' or undecided as to joining the Reformers.3 But he died in the following year. He married Margaret Cunningham, daughter of John, and sister of William, Cunningham of Capringtoun.4 She was widow of Gilbert Kennedy, younger of Blairquhan, to whom she had been married in 1537.5 He died in 1547 apparently at Pinkie, and when she deceased in July 1603 she or her relatives had forgotten which of her husbands was the first, as their order is reversed.6 By her Lord Crichton* had no issue, and was succeeded by his next brother, VII. EDWARD, seventh Lord Crichton of Sanquhar, who had a precept as heir of his brother Robert on 24 March 1561-62.7 He chose curators 21 May 1556.8 Later, he took some part in public affairs, and in September 1565 was one of those who signed a bond at Glasgow to support Queen Mary and Darnley. He was at that time appointed to lead a troop in the van of the royal army against the Earl of Moray and other rebel lords. In 1567 he was present at the coronation of King James vi., and in 1569 9 he took the oath of allegiance to the young King and the Regent Moray, but he died soon after, on 23 May of that year,10 and the ward of his lands was gifted to Annabel Stewart, the Regent's second daughter, on 31 May.11 Edward, Lord Crichton, married (contract dated 4 June 1561) Margaret, daughter of Sir James Douglas of Drumlanrig.12 She sur- vived him, and was married, secondly, about 16 May 1571, to William, Earl of Menteith,13 and thirdly (contract dated 1 Exch. Rolls, xix. 419. 2 Acts and Decreets, xviii. 281. 3 Hamilton Papers, i. 748. 4 Reg. of Deeds, xii. 261. 6 Accounts of High Treasurer, vi. 320. 6 Edin. Tests., 27 December 1605 ; Reg. Mag. Sig., 10 January 1541- 42, 2 December 1558. 7 Exch. Rolls, xix. 488, 490. 8 Acts and Decreets, xiii. 368. » P. C. Reg., i. 363, 379, 537, and 654. w Edin. Tests., 8 March 1573-74. " Reg. Sec. Sig., xxxviii. 58. 12 Reg. of Deeds, iv. 206. 13 Reg. Mag. Sig., 12 December 1571. 230 CRICHTON, EARL OF DUMFRIES 22 May 1593) to Robert Wauchope of Niddrie.1 Lord Crichton had issue a son and a daughter : — 1. ROBERT, eighth Lord Orichton. 2. Margaret, who had a feu-charter on 4 and 6 August 1578, of the lands of Blacadye, in the barony of San- quhar, co. Dumfries.2 She died unmarried in February 1595-96, and her brother was served heir to her in the above lands on 17 December 1607.3 VIII. ROBERT, eighth Lord Orichton of Sanquhar, was a child when he succeeded his father, and remained for some years under the tutory of his uncle William. He is named as being present in Parliament in 1585 and again in 1587,4 but he was retoured heir to his father and inf ef t in his lands in April and May 1589.5 His religious opinions were pro- nounced, and he is described in letters of the period as a ' factious Papist ' and a ' great protested Papist.' 6 In 1596 he had a commission of justiciary, but as he abused it, it was discharged, and he was warded,7 but he continued to hold office as Sheriff of Dumfries. From a letter of 5 March 1596-97 he seems to have made a claim to the title of Lord Orichton, forfeited in 1483-84, but unsuccess- fully.8 He was at that time unpopular, and his supposed influence over the King was complained of.9 In 1599 he had been abroad, as he is said to have landed with great store of gold, desiring to equip 500 horsemen, for what service is not known.10 He is named as attending Conven- tions of Estates, and he also sat in the Privy Oouncil. He was employed by King James vi. as a secret political agent on the Continent. He met an unfortunate fate after some years' attendance upon the English Court. He had acquired considerable skill in the science of fencing, and prided him- self on the fact. While visiting Lord Norris at his seat in Oxfordshire in August 1604, he there met a fencing-master named Turner, whom he challenged to a friendly contest, professing himself to be a novice, intending to throw a slight on Turner's skill. But the latter suspected 1 Eeg. of Deeds, lii. f. 213b. 2 Reg. Mag. Sig., 13 February 1580- 81. 3 Dumfries Retours, No. 48. 4 Acta Parl. Scot., iii. 374, 427, 429. 6 Dumfries Writs. 6 Border Papers, ii. 86, 610. * p. c. Reg., v. 338-40. 8 Border Papers, ii. 274. 9 Calderwood's History, v. 538, 544, 667. 10 Border Papers, ii. 610. CRICHTON, EARL OF DUMFRIES 231 Crichton's design, and pressed so hotly upon him that he put out one of his eyes. It is said that a question by the King of France (Henri iv.) some years later, whether his opponent yet lived, caused him to harbour thoughts of revenge, but at his trial it was shown he had harboured the idea of revenge from the first. This he accomplished some years later, in the early part of the year 1612, by the hand of one of his servants, who shot Turner with a pistol in his own house in London.1 Most of these statements are borne out by a proclamation by the Privy Council of Scot- land on 19 May 1612, directing search for and apprehension of the actual murderer, Robert Oarlyle, servant to Robert, Lord Crichton, with Lord Orichton himself, and William Oarlyle, brother of Robert.2 They were then still at large, but soon afterwards Lord Crichton surrendered himself to the King's mercy. .This, however, he failed to obtain, as there was then extreme antipathy against the Scots courtiers, because of their insolence and swaggering behaviour, and the London populace were so excited because of the murder, that for fear of insurrection the King dare not pardon Lord Crichton. He was, therefore, hanged before the gates of Westminster Hall on 29 June 1612. Lord Crichton married, at St. Ann's, Blackfriars, on 16 April 1608, Anne, daughter of Sir George Farmer of Easton, co. Northampton,3 but by her had no issue. She married, secondly, on 17 July 1615, Barnaby (O'Brien), sixth Earl of Thomond, and was buried 13 April 1675 at Great Billing, co. Northampton. He had, however, a natural son, William, born in France, and probably the son of a French lady.4 He was legitimated on 8 August 1609, he being then at the schools in Paris.5 A few days before, on 29 July, he was called in an entail of his father's estates immediately after the lawful heirs- male of his father's body.6 On the strength of certain 1 Douglas, Peerage. Crawford says the actual assassin was a hired bravo, but he is styled servant to Lord Crichton. Calderwood (vii. 165) says Lord Crichton hired two men to kill Turner. 2 P. C. Reg., ix. 370, 371. There is no definite reward stated in the proclamation, but Craw- f urd says ' a thousand pounds was offered.' 3 Douglas ; cf. Reg. Mag. Sig., 8 August 1609. 4 P. C. Reg., x. 638. 5 Reg. Mag. Sig., 8 August 1609. 6 Ibid., at date. 232 ORIOHTON, EARL OF DUMFRIES writs by his father, he assumed the title, and is styled William, now Lord Orichtoun of Sanquhar, son and heir of tailzie of the late Robert, Lord Orichton, in a complaint he made to the Privy Council that William Orichton of Ryhill was usurping his title and forbidding his tenants to pay rent.1 That was in September 1612, and he still held the title in January following, but the rival claimant pressed his rights, and on 7 May 1614 King James vi., on a special submission by the parties, pronounced a decreet-arbitral declaring the writs founded on by William to be null, and directing him as son natural of his father to denude himself of all his rights and claims to the barony of Sanquhar, a certain provision being made for him. In this decree the King refers to the legitimation of August 1609, and limits it by saying it was never his meaning so to rehabilitate the grantee, as thereby to make him his father's full successor, i.e. as against a lawful heir-male of the late Lord Orichton.2 There was some delay in settling affairs, as William always pled he was not of full age ; but after a second submission, the King and other arbiters in February and May 1618 ratified the former decreet, required William to denude himself of all lands, and assigned to him, with provision for his heirs, the lands of Benchills, parish of Redgorton and Rossieochill in Forgandenny, co. Perth.3 In terms of this final decreet William Orichton on 19 November 1618 formally ratified the King's first decree.4 On 1 June 1619 a gift of his marriage and other casualties was made to Mr. John Oliphant,5 but his later history has not been ascertained. IX. WILLIAM, ninth Lord Orichton of Sanquhar, was, as already indicated (p. 227), the cousin of the eighth Lord. In 1598 he is described as the son and apparent heir of William, tutor of Sanquhar.6 He was also styled of Darn- hunch or Darnhaunch, a place in Ayrshire, and of Town- 1 P. C. Reg., ix. 458, 459. 2 Reg. of Deeds, ccxxiii., 18 May 1614 ; cf. Riddell's Scottish Peerages, i. 138. 3 Ibid., cclxxvi., 31 July 1618. * Ibid., cccx., 1 August 1621. 6 Dumfries Writs. 6 P. C. Reg., v. 694. CRICHTON, EARL OF DUMFRIES 233 head, and after January 1606 he is designed of By hill, which property he purchased, a fact which has led to his being erroneously stated to be a son of John Orichton of Ryhill, referred to on p. 225. In September 1612 he took steps to vindicate his claim to his late cousin's estates and title by warning the tenants not to pay rent, and he also on 6 November 1613 was served heir to the late Lord as his father's brother's son.1 A species of feud arose between the rival claimants until the question of succession was settled, as stated, by the King's decreet-arbitral of 7 May 1614, after which William Orichton of Ryhill was recognised as and styled Lord Orichton of Sanquhar.2 In July follow- ing the decreet he was the subject of certain cartels and challenges from William Douglas of Drumlanrig and his brother, but the Council interfered to prevent a feud.3 He was one of the judges who, at Glasgow on 28 February 1615, sat on the trial of Mr. John Ogilvie, a prominent Jesuit, who was condemned to death, and whose execution is * believed to be the only distinctly recorded case in Scottish history after the Reformation of the actual infliction of the punishment of death on a Roman Catholic on account of his religion.' 4 He was also a member of the Court of High Commission.5 He had the honour of receiving King James vi. as a guest at his castle of Sanquhar on 31 July 1617, while the King was on his way south from his last visit to his ancient kingdom.6 The friction between him and the natural son of the late Lord Crichton had continued more or less, aggravated by the frequent refusals of the younger William to ratify the King's decreet, but finally on 19 November 1618 he made formal ratification, and also a full resignation of all the lands and estates in favour of Lord Orichton.7 This was followed after an interval by a Crown charter on 20 July 1619, granting to him the barony of Sanquhar in terms of the above resignation, and the barony of Glencairn on his own resignation, erecting the whole lands and others into one barony to be called the barony of Sanquhar.8 He was raised to the rank of Viscount on 2 February 1 Dumfries Writs. 2 Cf. Acta Parl. Scot., iv. 562. 3 P. C. Reg., x. 252- 258. 4 Ibid., 304 n- 307 n. 6 Ibid., 437 n. 6 Ibid., xi. 207 n. 7 Reg. of Deeds, cccx. 1 August 1621. 8 Reg. Mag. Sig., at date. 234 GRICHTON, EARL OF DUMFRIES 1622, being created VISCOUNT OF AIR, to himself and the heirs-male of his body, to be called Viscounts of Air and Lords of Sanquhar.1 He took a prominent place in affairs under King Charles i. as under his father, and when Charles made his visit to Scotland in 1633, the Viscount was deputed to meet him at Berwick. The King soon after, on 12 June 1633, created him EARL OF DRUMFREIS, VIS- COUNT OF AIR, LORD CRICHTON OF SANQUHAR AND CUMNOCK, to him, and his heirs-male bearing the name and arms of Crichton.2 His lands of Sanquhar be- came heavily burdened, and in 1642 and 1643 the barony was disposed of to William, first Earl of Queensberry. The first Earl of Dumfries appears to have died between 15 August 1642 and 24 March 1642-43.3 He married, first, Euphemia, daughter of James Seton of Touch, and widow of Patrick Hamilton of Peel of Livingston,4 by whom he had issue. He married, secondly, before 16 June 1630, Ursula Barnham,5 daughter of Stephen Barnham, relict of Sir Robert Swift of Rotherham. She predeceased her second husband, dying, without issue by him, at Doncaster 28 May 1632, and was buried at Rotherham. His issue were : — 1. WILLIAM, who succeeded as second Earl. 2. James-ni St. Leonard's, Sheriff of Dumfries, named along with his brother William in various writs. They also joined together in conveying the heritable office of sheriffship of Dumfries to the Earl of Queensberry in 1666 and 1667. He died before 2 December 1669,6 leaving issue : — (1) John, who, as son of James Crichton, brother of the Earl of Dumfries, is one of those called in an entail of 9 July 1647, by John Crichton of Crawfordtown.7 He granted a bond on 2 December 1669 as the eldest son of his late father, but died apparently between 1672 and 1675.8 (2) David, named in the writ by his brother John, and who describes himself as eldest son in November 1675. 9 (3) James, named in a writ of 13 November 1672, by his brother David.10 1 Reg. Mag. Sig. , at date. 2 Ibid. 3 Reg. of Deeds (Mack. ), xxi. , 12 June, where he is said to have been alive on 15 August 1642 ; and Reg. of Deeds, Dlviii. 88, 89 ; Letters of Admon., 12 February 1658-59. 4 Acts and Decreets, ccxxxi. 2. 5 Reg. of Deeds, ccccxxxi., 9 July 1630. 6 Ibid. (Mack.), 1 Feb- ruary 1671. 7 Laing Charters, No. 2377. 8 Reg. of Deeds (Durie), 16 November 1675. 9 Ibid. 10 Ibid. CRIOHTON, EARL OF DUMFRIES 235 3. John, a colonel in the German wars.1 4. Mary, married, in August 1618, to Edward Barnliam Swift, Viscount of Oarlingford, who died 1 January 1634. She died 24 August 1674, and was buried at Sandal in Yorkshire, leaving issue one daughter, Mary, married to Sir Robert Fielding.2 5. Catherine, married to Sir John Oharteris of Amisfield, and had issue. X. WILLIAM, second Earl of Dumfries, was a consenting party to the sale of Sanquhar and other lands in 1639 and 1642. His career was not a prominent one, but he appears to have been a member of Privy Council, and he was frequent in attendance on Parliament.3 He survived his two sons, and in 1690 he resigned his honours into the hands of King William, receiving on 3 November 1690 a new patent to himself for life, and after his death to his grandson William, Lord Orichton, whom failing, to Penelope, eldest daughter of his deceased son Charles, Lord Orichton, whom failing, to her three sisters Mar- garet, Mary, and Elizabeth, and their heirs respectively.4 The Earl died in 1691, having married on 29 August 1618,5 when both parties were under the age of thirteen, Penelope, daughter of Sir Robert Swift, Knight, of Rotherham, co. York, by Ursula, daughter of Stephen Barnham above named. They had issue : — 1. Robert, Lord Crichton, who was baptized at Doncaster on 19 December 1641, and died young. 2. Charles, Lord Orichton, of whom little is recorded. On 4 October 1686 he made a disposition settling his estates on his son and the heirs-male of his body, whom failing, on his four daughters successively.6 He predeceased his father, dying before 11 March 1690, when he was buried at Dumfries.7 He married (contract dated 23 October and 17 December 1679 8) Sarah, third daughter of 1 Grant's Memoirs of Sir John Hepburn, 257. 2 Burke's Dormant and Extinct Peerages, s.v. Carlingford. z Acta Parl. Scot., v. to viii. passim. 4 Reg. Mag. Sig., Ixxii., No. 122. 6 Chronicle of Perth, 19. 6 Reg. Mag. Sig., Ixxii., No. 122; Reg. of Deeds (Dal.), Ixix., 7 July 1688. 7 Register of Interments, Greyfriars (1658-1700), 151. 8 Reg. of Deeds (Dal.), Ixix. utcit. 236 CRICHTON, EARL OF DUMFRIES James Dalrymple, first Viscount of Stair, and had issue : — WILLIAM, who succeeded as third Earl. PENELOPE, of whom later. (3) Margaret. Mary. Elizabeth, who died unmarried, aged fifty-one, and was buried 17 November 1742.1 (1) (2) (3) (4) (5) 3. Elizabeth, married in January 1658, as his first wife, to Alexander, Earl of Eglinton. 4. Penelope, who died unmarried. 5. Mary, baptized at Doncaster 15 February 1644, and died unmarried. XI. WILLIAM, third Earl of Dumfries, succeeded his grandfather, the second Earl, in 1691, but held the title only for a short time, as he died on 28 February 1694, un- married. XII. PENELOPE, Countess of Dumfries, succeeded her brother William in his honours, in terms of the patent of 1690. On 26 February 1698 she married her cousin William Dalrymple of Glenmure, second son of John, first Earl of Stair. The Countess of Dumfries died at Clackmannan 6 March 1742, survived by her husband, who died 3 December 1744. . They had issue six sons and two daughters, of whom only the eldest son, William, who became Earl of Dumfries, and the eldest daughter need be named here, the other children being treated of under the title Stair : — 1. WILLIAM, who succeeded his mother. 7. Elizabeth Crichton Dalrymple, married to John Mac- dowall of French, and had issue : — (1) PATRICK MACDOWALL, who became fifth Earl of Dumfries. (2) William Macdowall, in H.E.I.C.S. ; died 23 December 1769. (3) Stair Macdowall, died young. (4) John Macdowall, merchant in Glasgow, who married, on 9 December 1767, Mary Isabel, daughter of Ebenezer Maccul- loch, merchant in Glasgow, and died at Edinburgh 22 December 1803. (5) Crichton Macdowall, died young. (6) Penelope Macdowall, married to Ebenezer Maculloch, mer- chant in Edinburgh, died in the Isle of Man 28 October 1774. 1 Canongate Burial Register. ORIOHTON, EARL OF DUMFRIES 237 (7) Eleanora Macdowall, married to William Macghie of Bal- maghie, co. Kirkcudbright ; died at Edinburgh 20 Septem- ber 1804. XIII. WILLIAM GRICHTON-DALRYMPLE, fourth Earl of Dum- fries, succeeded his mother in the honours of the family. He held a commission in the army and served in various regiments. At the battle of Dettingen, 26 June 1743, he acted as aide-de-camp to his uncle John, second Earl of Stair. He was made a K.T. in 1752, and in 1760 he suc- ceeded his younger brother James as fourth Earl of Stair (see that title), being styled Earl of Dumfries and Stair. He died at Dumfries House, co. Ayr, 27 July 1768, without surviving issue, and was succeeded by his nephew. The Earl married, 2 April 1731, first, Anne, eldest daughter (by his first wife) of William Gordon, second Earl of Aberdeen. She died 15 April 1755- at Edinburgh, being buried at Cum- nock, co. Ayr ; and the Earl married, secondly, on 19 June 1762, Anne, daughter of William Duff of Orombie, Advocate. She survived him, and married, 26 July 1769, Alexander Gordon, a Lord of Session, styled Lord Rockville, who died 13 March 1792. She died 21 August 1811, at Brandsbury, aged seventy-three. By his first wife the Earl had one son, William, Lord Crichton, born 12 December 1734. He predeceased his father, dying 9 September 1744, in his tenth year, while at school at Marylebone. XIV. PATRICK MACDOWALL CRICHTON, fifth Earl of Dum- fries, who succeeded, was the nephew of the fourth Earl, being the eldest son of the latter's sister, as stated above. He was born 15 October 1726; became an officer in the army, and had a company in£the 3rd Regiment of Foot Guards 1762. In 1768 he succeeded his uncle as Earl of Dumfries only. He was elected a Representative Peer of Scotland in 1790, and so continued till his death on 7 April 1803. He married, 12 September 1771, Margaret, daughter of Ronald Orauford of Restalrig. By her, who died 5 May 1799, the Earl had issue one daughter, besides another who died in infancy. ELIZABETH PENELOPE CRICHTON, born at Dumfries House 25 November 1772 ; married, on 12 October 1792, to John Stuart, Viscount Mountstuart, eldest son of 238 CRICHTON, EARL OP DUMFRIES John, fourth Earl and first Marquess of Bute, and had issue, whose names will be found in the article on that title, vol. ii. p. 308. CREATIONS. — Lord Orichton of Sanquhar 29 January 1487- 88: Viscount of Air 2 February 1622: Earl of Dumfries, Viscount of Air, Lord Orichton of Sanquhar and Cum- nock, 12 June 1633. ARMS. — Recorded in Lyon Register. Quarterly : 1st and 4th, argent, a lion rampant azure, armed and langued gules, for Crichton ; 2nd and 3rd, azure, three water budgets or, for Vallange. OREST.— A dragon vert, crowned, and spouting out fire or. SUPPORTERS. — Two lions rampant azure, crowned or, armed and langued gules. MOTTO. — God send grace. [J. A.] DUNBAR, EARL OF DUNBAR UNBAR, 'the castle on the hill,' in Bast Lothian, gave name to this family, who are of Celtic origin, their earliest known an- cestor being ' Orinan the Thane,1 who flourished between 975 and 1045. His grandson was 4Gos- patrick the Earl,' who was Earl of Northumber- land from 1067 to 1072, in which year he had a grant of Dunbar with the adjacent lands in Lothian from King Malcolm Oeannmor. When sur- names came into use Earl Gospatrick's descendants took their name from Dunbar, the lands and earldom of which they held for nearly four hundred years, from 1072 until the forfeiture on 11 January 1434-35 of George of Dunbar, eleventh Earl of Dunbar and fourth Earl of March. The Earls of Dunbar held great territories both in Scot- land and in England, and they had the guardianship of the East March, a charge which either seems to have been sufficient to occupy them, or they were not ambitious, as although they were perhaps the most powerful of the Scottish nobility they do not appear to have ever held any of the high offices about the King. Though Gospatrick was the first Earl of Dunbar, it is necessary before treating of him to give a short statement of his ancestry and immediate parentage. His grandfather, ORINAN, known as 'Orinan the Thane,' of the kin of 240 DUNBAR, EARL OF DUNBAR St. Columba, was hereditary lay-abbot of Dunkeld and Senes- chal of the Isles. He also held, with other lands, the territory called the ' Abthania de Dul,' part of which is now the parish of Dull in Atholl.1 He is believed to have been born about 975, and he married about 1005 Bethoc or Beatrice, daughter and heir of Malcolm n., King of Scots. In attempting to avenge the death of his elder son King Duncan i., Orinan was slain in battle t with nine times twenty heroes,' as the Celtic chronicler puts it, in the year 1045.2 He had issue :— 1. DUNCAN the First, the * gracious Duncan * of Shake- speare's great tragedy of Macbeth, who was King of the Cumbrians, and succeeded his maternal grand- father King Malcolm n., on 25 November 1034. He was murdered by Macbeth at Bothnagowan, now called Pitgaveny, near Elgin, 14 August 1040. By his wife, a kinswoman of Si ward, Earl of Northumberland, he was father of Malcolm III. (Ceannmor) and of Donald Bane, successively Kings of Scots.3 2. Maldred or Malcolm, of whom hereafter. 3. , a daughter, mother of Moddan, titular Earl of Caithness, who was slain at Thurso in 1040.4 MALDRED, or Malcolm, the second son of Orinan, is be- lieved to have become King of the Cumbrians when his elder brother succeeded as King of Scots. There is no direct proof of this, and Fordun states that Cumbria was in 1034 bestowed on Malcolm, afterwards Malcolm in., son of Duncan I. But he was only a child at that date, and it is more probable it was his uncle, the older Malcolm, who was made ruler of Cumbria. Certainly he is[f ound closely linked to that district, which then included Strathclyde as well as Cumberland, by marriage relations and other ties. A recently discovered writ by his son Gospatric, to be referred to later, suggests that he may have possessed in his own right the Allerdale district of Cumberland. Little is known of Maldred's history, and his career was probably 1 His parentage is not certainly known, but his grandfather was pro- bably Duncan, lay-abbot of Dunkeld, who was killed in 965, and his mother or grandmother may have been a daughter of one of the last Kings of the Isles. 2 Annals of Tighernac, 78. 3 Dunbar's Scottish Kings, 12-14. * Ibid., 6. DUNBAB, EARL OP DUNBAB 241 cut short in the same battle as that in which his father was slain, in 1045. He married Ealdgith or Algitha, daughter of Uchtred, Earl of Northumberland, by his wife Mlgifa or Elgiva, daughter of JCthelred n., King of Eng- land. They had issue : — 1. GOSPATRIC, Earl of Northumberland and first Earl of Dunbar, of whom hereafter. 2. Maldredj who is claimed as the ancestor of Robert Fitz Maldred, Lord of Baby in Durham, and through him of the Nevills, Earls of Westmorland and War- wick, and other families of that name. He had apparently two sons, Robert and Uchtred.1 An Ulkil, son of Maldred, appears as a witness to charters by Oospatric, brother of Dolfin, before 1138.2 They may have been cousins. The first of the family who possessed Dunbar, from which his descendants took their surname, was I. GOSPATRIC ('Gwas Patric, servant of Patric'), who probably was named after his mother's half-brother, the son of Earl Uchtred of Northumberland by another wife. He was allied to noble lineage on both sides of the house, uniting the Celtic descent of his father with the royal stock of Wessex, from which his mother came. He was born probably about 1040, and is said to have accompanied Earl Tosti, Harold's brother, to Borne, in 1061, where he tried to save the Earl's life, though the story may be told of the elder Gospatric, his uncle.3 Towards the end of the year 1067 he was made Earl of Northumberland by King William the Conqueror. He had a certain though not direct claim to the dignity through his mother, but he paid a large sum of money for the honour. In the following year, however, he took part in the conspiracy against the Conqueror on behalf of Edgar the Etheling, which at first rose to formid- able proportions in the north, but, by the treachery of Edwin and Morker, it came to naught. Gospatric fled to Scotland with the Etheling, his mother and sisters and others, and appears to have been, temporarily at least, 1 Priory of Hexham, Surtees Society, i. 95 and note ; cf. Liber Vitce Dunelm., 146. 2 Raine's North Durham, App. No. cxi. ; Liber de Calchou, i. 234. 3 Lives of Edward the Confessor, Rolls series, 411. VOL. III. Q 242 DUNBAR, EARL OF DUNBAR deprived of the earldom, to which Robert Oomyn was appointed. But in 1069 he was again at the head of the men of Northumbria, assisting at an invasion of the Danes, with whom Edgar the Etheling was in league. King William, however, suppressed the rebellion with terrible severity,1 and Gospatric made his peace with William by proxy,2 and remained faithful and in the King's favour for a time. Stories are also told of his robbing the church of Durham and ravaging Cumberland,3 though a recently discovered document, which is of the utmost importance for the early history of that shire, reveals the fact that Gospatric him- self was a large landowner there, holding, not improbably by inheritance from his father Maldred, the district of Allerdale. This renders his invasion of Cumberland the more remarkable, but Allerdale may have been spared. It has been asserted, with full belief hitherto, that his son Waldeve was the first holder of Allerdale. But the writ in question shows that Gospatric was exercising full rights there before the time of King Henry i., who no doubt confirmed Waldeve's rights.4 King William used the influence Gospatric had among the Northumbrians to introduce a foreign bishop, Walcher, to the see of Durham, but a year later, or in 1072, perhaps because he found himself strong enough to do so, owing to the submission of King Malcolm in., King William de- prived Gospatric of his earldom. The pretexts for depriva- tion were his alliance with the Danes and his alleged complicity in the death of Robert Comyn, but these had been condoned, and the real crime was probably the per- sonal hold he had on the affections of the people, which, added to his great possessions, made him in William's eyes a dangerous subject at the extremity of the kingdom. The Earl fled to the Court of his cousin, the King of Scots, and thence he sailed to Flanders. On his return King Malcolm gave to him Dunbar, with adjoining lands in Lothian, that from these, until happier times should return, he might support himself and his family.6 1 Chronica Eogeri de Hoveden, Rolls series, i. 59, 117-119. 2 Ordericus Vitalis, ed. Migne, 1855, col. 320. 3 Symeon of Durham, Rolls series, i. 102-104 ; Hoveden, i. 121, 122. 4 The writ is too long and important to be commented on here, but is printed at length in The Scottish Historical Review, i. 62-69; cf. also ii. 340, 341. 6 Hoveden, i. 59. DUNBAR, EARL OP DUNBAR 243 According to the chronicler from whom we learn so much about this Earl, he did not long survive his residence in Scotland, and died at Ubbanford, which is Norham, and was buried in the porch of the church there.1 The chronicler is entitled to much respect, as he certainly compiled his narrative at no great distance from the event, and was himself probably a native of the district. But his narrative contradicts a long-standing tradition that this Earl was he who became a monk at Durham, and was buried there$ his name being commemorated in their obituaries as l comes et monachus,' while a tombstone, believed to be his, bearing the inscription ' Gospatricus comes,' was discovered in the monks' burial-ground there, in 1821, and is now preserved in the crypt of the cathedral at Durham.2 Yet the circum- stantial account of his death and burial at Norham makes the tradition doubtful*, and there is no certain evidence to clear up the point. The name of the Earl's wife is unknown, and her parent- age has not been discovered, though she had a brother, Edmund or Eadmund, to whose lands her son Gospatric obtained a right from King Henry i.3 They had issue : — 1. Dolfin, who is believed to be identical with Dolfin, the ruler of Cumbria under King Malcolm in. of Scotland. He was, however, expelled from his jurisdiction in 1092 by King William Rufus,4 and nothing further is known of him. 2. Waldeve, apparently referred to in his father's writ as 'Waltheof,' is usually said to have received from King Henry I., the barony of Allerdale, in Cumberland,5 but it is now clear that it must have descended to him from his father, being only confirmed by Henry. It is said that his being a Scotsman gained him the favour of Ranulf Meschin, the new Norman lord of Carlisle. This seems to imply not only Scottish sym- pathies, but ownership in Scotland, and he may have 1 Hoveden, i. 59. This part of the MS. Chronicle, which passes under the name of Hoveden, was written before 1161, and part of it may be nearly contemporary with earlier dates. 2 Liber Vitce, Surtees Soc., 147 ; Scottish Kings, 5, note 27. 3 It has been suggested that this Edmund was identical with Eadmund, son of King Harold n., but of this there is no proof. 4 Saxon Chron., ii. 195. 6 Testa de Nevill, Record ser., 379b ; Cal. Doc. Scot., ii. 64. 244 DUNBAR, EARL OF DUNBAR possessed the lands there, held later by his grandson of the same name. He granted some land in Aller- dale, and a house for herring-fishery, to the Priory of Hexham. He, with his wife and his two sons, also granted to the church of Brydekirk, in Allerdale, the villa of Appleton and its surroundings.1 He is named in the Inquisition by Earl David, afterwards King, as to the possessions of the see of Glasgow, made be- tween 1120 and 1124. He was present with King David i. of Scotland at Dunfermline, about 1126 or later,2 and this appears to be the latest notice of him. It has been asserted that he became Abbot of Oroyland in 1124 and was deposed in 1138, but there is good reason for believing that the Abbot must have been another Waldeve.3 His wife's name was Sigrid or Sigarith, who survived him and married Roger, son of Gilbert.4 He had two sons and two daughters : — (1) Alan, who is principally known from the large dowries he gave to his sisters, and his grants to his brother and to the priory of Carlisle. He and his brother Gospatric appear as witnesses to a charter of King David i. on 16 August 1139. 5 He had a son Waldeve, who predeceased him, and his male line ceased.6 (2) Gospatric, who is said to have been a bastard, though this is doubtful.7 He received from his brother Alan, the lands of Bolton, Bassenthwaite, and others in Derwent water.8 He is styled Gospatric, son of Waldeve, when he appears as a witness in two charters by King David i., about 1130, and he and his brother are witnesses on 16 August 1139. Gos- patric survived till after 1154, as he is a witness to a charter by King Malcolm iv., between that year and 1158, to the monks of Dunfermline. About the same date the King addressed a letter to him and to the Abbot of Dunfermline, ferryers of the seaports, i.e. lords of the ferries, directing them to pass Robert, Bishop of St. Andrews, and his men, free of charge.9 This writ suggests that he was then the owner of Dundas, commanding the south side of the Queen's ferry. It is therefore probable he was the father of i. Waldeve, son of Gospatric, who held the lands in Scot- 1 Guisbro1 CJiartuJary, Surtees Soc., ii. 318, 319. 2 Early Scottish Charters, by Sir Archibald C. Lawrie, 56, 57. 3 Paper by Rev. James Wilson in Scottish Historical Review, ii. 331-334. 4 Guisbro, Chartulary, ut cit. ; Scottish Historical Review, ut cit. 6 Raine's North Durham, App. Nos. xix. xx. 6 Cal. Doc. Scot., ii. No. 64. 7 Ibid. In the charter of Brydekirk, above referred to, Gospatric is named first of Waldeve' s sons. 8 Ibid. 9 Reg. de Dunfermelyne, 22 ; Reg. Prior. S. Andree, 185, 191, 202. DUNBAR, EARL OF DUNBAR 245 land of Inverkeithing and Dalmeny, and who granted to the monks of Jedburgh the church of Bassen- thwaite in Cumberland. He granted the lands of Dundas to Helias Fitz Huctred, probably a kinsman, in a charter, dated certainly before 1200,1 but the witnesses of which suggest a date about 1180 or a little earlier. He was dead before 1200, and had issue apparently only two daughters, Christiana and Galiena.2 Christiana married Duncan Lascelles, and had right not only to Bassenthwaite and Bolton, but had heritage in Scotland.3 Galiena married Philip Moubray, and they confirmed or added to the grant made by Waldeve, son of Gospatric, of the church of Inverkeithing to the Abbey of Dunfermline.4 His grandson, Roger Moubray, also confirmed, after 1233, a grant by his grandfather Waldeve, of the church of Dalmeny, to the monks of Jedburgh.5 This Waldeve, son of Gospatric, is not to be confounded with his namesake Waldeve the Earl, son of Gospatric the Earl, who died in 1182, and whom he apparently survived. (3) Gunnild, who was married to Uchtred, son of Fergus, Lord of Galloway, with issue.6 (4) Hectreda or Octreda, married, first, to Randulf de Lindesay, and secondly, to William de Esseville or de Esseby.7 3. GosPATRic,8 who became Earl or Lord of Dunbar, of whom hereafter. 4. Octreda or Ethreda, who married Waldeve, son of Gillemin.9 5. Gunnilda, married to Orm, son of Ketel. 6. Matilda, married to Dolfin, son of Aylward. 7. Mthelreda, who was married, about 1094, to Duncan II., King of Scots, and became the mother of William Fitz Duncan, Earl of Moray, who lived until 1151 or later, as in that year King David I. restored to him his honour of Skipton and others.10 His male line ended in the 'Boy of Egremont,' whose heiresses were his three sisters.11 There was another son named Gospatric,12 but of his history nothing is known. 1 Copies in Gen. Reg. Ho. of original writ. 2 In his grant of the church of Inverkeithing he speaks only of his daughters, as if he had no sons. 3 Col. Doc. Scot., i. Nos. 308, 429. 4 Reg. de Dunfermelyne, 94, 95. 6 Original charter by Mubray in Gen. Reg. House, No. 34. 6 Reg. of the Priory of Wetherhal, 386. 7 Ibid. ; Reg. of St. Bees, Harl. MSS. 434, i 22, ii. 1. 8 The arrangement here made of the sons of Gospatric i. is that followed by Symeon of Durham and the earliest authorities. 9 This daughter of Gospatric i. and her sisters are all named in the Wetherhal Register, 386. 10 Priory of Hexham, i. 163. n Cal. Doc. Scot., ii. No. 64. 12 Raine's North Durham, App. No. cxi. 246 DUNBAR, EARL OF DUNBAR II. GOSPATRIC, who in one place calls himself Earl, and certainly held the rank and place of Earl or ruler of Lothian, does not appear on record until after 1100, the year of the accession of King Henry I. of England, and his earliest mention in Scottish writs is in 1119. Another peculiarity about his designation is that during his lifetime he is never but once, by himself, in a charter to the monks of Oolding- ham,1 styled Earl in Scottish charters. He is referred to, whether as a witness to charters, or a granter or recipient of charters, in nearly every case as Gospatric, brother of Dolfin.2 In 1119 he is a witness to the charter to the monks of Selkirk, and to the Inquisition of the see of Glasgow, as well as, later, to the foundation charter of Scone.3 He has also the same designation in the first grant to Holyrood.4 These are the chief references to him during his life in Scottish records, and while he evidently held a high position, he is never styled Earl until after his death. King Henry i., also in a charter of unknown date, but certainly some time after 1100, conferred upon him, as Gospatric, brother of Dolfin, a large tract of land lying between Wooler and Morpeth, in Northumberland. This extensive grant, which was confirmed at York about 1136,5 was held, not by knight's service or other service usual from a barony, though it is sometimes described as the barony of Beanley. It was held in grand serjeanty, the Earl and his descendants being bound to be t inborwe ' and ' utborwe ' between England and Scotland ; 6 that is, they were to be security for persons passing to and fro between the two countries, who would not be allowed to travel north or south without permission of the lords of Beanley, a fact which practically gave to the Earls of Dunbar the im- portant position of Wardens on both sides of the East March. From another important English writ it appears that Gospatric, besides the lands named, held the adjoining 1 Raine's North Durham, App. No. cxi. 2 A writ, drawn up apparently by the monks of Holmcultram, in 1275, asserts that Dolfin and Gospatric were bastards, and that Waldeve was legitimate. But that state- ment is doubtful, the writ being intended for land-grabbing purposes. Bain, Cal. Doc. Scot., ii. No. 64. 3 Liber de Calchou, i. 4; Liber de Scon, 1 ; Reg. Episcopatus Glasg., i. 5, 11. 4 Liber Cart. Sanctce Crucis, 6. 6 Priory of Hexham, Surtees Soc., i. Illustrative Documents, No. ix. 6 Cal. Doc. Scot., i. No. 552. DUNBAR, EARL OP DUNBAR 247 territories of Bewick and Eglingham, of which he received a grant in feufarm from the abbot of St. Albans, by a special contract, dated between 1097 and 1119,1 and which were afterwards held by Edgar, a son of Gospatric. Earl Gospatric granted, probably towards the close of his life, the lands of Ederham, or Edrom, and Nisbet, to the monks of Coldingham, imprecating spiritual penalties on any who should interfere with the grant.2 He also gave the church of Edlingham in alms to the Abbey of St. Albans.3 He endowed the church of St. Nicholas of Home, in Berwickshire, his wife and family consenting to the gift.4 He joined his kinsman King David I. in the latter 's invasion of England in 1138, and commanded the men of Lothian at the battle of Cowton Moor, near North- allerton, otherwise called the battle of the Standard, fought on 23 August 1138. »At least no other person could be described as the ' summus Dux Lodonensium ' who led them to the field.5 The Scots were defeated, and the leader of the Lothian men was slain or severely wounded by an arrow. Whether this were Earl Gospatric or not, he was certainly dead before 16 August 1139, when King David I. confirmed the grant of Edrom to the monastery of Oolding- ham.6 The seal attached to his charter of Coldingham is round, one inch in diameter ; an equestrian figure holding a sword slanting over his shoulder in his right hand. The legend is broken and defaced, but enough remains to show that it must have read, 'SIGILLUM GOSPATRICI FRATRIS DOLFINI.' The name of the Earl's wife has not been ascertained.7 They had issue, four sons and a daughter : — 1. GOSPATRIC, who succeeded to the earldom of Dunbar. 2. Adam, at first called Waldeve, but who for some reason, perhaps a religious one, changed his name. He was a party and also a witness to the contract with the abbot of St. Albans already noted. Between 1151 and 1166 he acknowledged that the church of 1 Original contract at Durham : autotype penes Sir Archibald Hamilton Dunbar, Bart. 2 Raine, North Durham, App. No. cxi. 3 Charter at Durham : autotype ut supra. 4 Liber de Calchou, i. 234. 6 Hoveden, i. 195. 6 North Durham, App. No. xx. 7 It has been stated, on the authority of the Liber Vitce Dunelm., 102, that her name was Sibilla, but there is evidence that Sibilla was the wife of the Earl's son Edward. 248 DUNBAR, EARL OF DUNBAR Edlingham, named in that contract, belonged to the Abbey of St. Albans, and undertook to pay a mark of silver, in name of said church, to the Cell at Tyne- mouth.1 He also was a witness to a charter by his brother Gospatric, to Ooldingham, most of the others named being Churchmen.2 His name appears in several deeds, and he may have been a Churchman, but nothing further is known of him. 3. Edward,3 who held the lands of Edlingham, Hedgley, Harehope, and others, in Northumberland,4 and also lands in Scotland, not named, but apparently near Dunbar, which the monks of Melrose held from him in feufarm.5 He granted to the monks of May, for himself and his children, and for the soul of his wife Sibilla, a chalder of meal from his mill of Beletun, or Belton, near Dunbar, each year at the Feast of St. Cuthbert.6 Some time before 1176 he and his son Waldeve had a dispute with his brother Edgar as to the right to certain lands, but Edgar's claim was disallowed.7 Edward had issue by Sibilla his wife a son, Waldeve,* who consented to the charter to the monks of May. He apparently had a son, named John, son of Waldeve, who died not long before 1247,9 and Edward's descendants held Edlingham and other lands for some generations. 4. Edgar, styled son of Gospatric in a charter granted by him to the monks of St. Albans, sometime between 1139 and 1146.10 He had also the flattering sobriquet of 'Unnithing,' Edgar Unnithing, or Edgar the Dauntless.11 He is first named in 1138, when Richard of Hexham, who styles him, probably with more 1 Original writ at Durham. 2 North Durham, App. No. cxiii. 3 There is no clear evidence as to the order of Earl Gospatric's sons, but in the charter to the church of Home Edward is named before his brother Edgar. 4 See Cal. Doc. Scot., i. No. 1712, for names of the lands he had from his father in Northumbria. 5 Cf. Liber de Metros, 9. 6 Chartulary of Reading Abbey, MS., penes the Earl of Fingall. 7 Pipe Holts, 22, 23, 24, 25, Henry u. 8 Sibilla has been assumed to be the wife of Earl Gospatric u., but it is clear from the charter to the monks of May that she was the wife of Edward his son (cf. Liber Vitce Dunelm., 102), where she is said to be the mother of Waldeve, son of Edward. 9 Cat. Doc. Scot., i. No. 1712; Chartulary of Newminster, Surtees Society, 200, 268. 10 Original at Durham : autotype penes Sir Archibald Hamilton Dunbar, Bart. n Cal. Doc. Scot., i. No. 133. DUNBAR, EARL OF DUNBAR 249 anger than truth, a bastard, 'nothus,' tells of his wicked plundering and destroying of lands belonging to the Abbey.1 He held Bewick and Eglingham from the monks of St. Albans in feu, but these were for- feited in 1174. He held also other lands in the same neighbourhood. The date of his death has not been ascertained. He married Aliz, daughter of Ivo, son of Forne, and with her obtained ten manors, five of which were in Northumberland, in Ooquetdale, and the others situated in Yorkshire, Westmoreland, and Cumberland.2 He had two sons : — Alexander, who died without issue. Patrick, who succeeded his father Edgar in the lands of Caistron. He or his descendants took the name of Caistron or Kestern, the last owner of the lands, John of Kestern, parting with them to the Abbey of Newminster about 1247, or a little lafer.3 5. Juliana, who was given in marriage by King Henry i. to Ralph or Ranulf de Merlay, Lord of Morpeth, by a writ, in which she is described as daughter of Earl Gospatric.4 Her dowry consisted of Witton, Wynd- gates, Horsley, Stanton, Ritton, and Lever Ohilde.5 She and her husband founded the Cistercian monas- tery of Newminster in 1138, and were buried there, in the north part of the chapter-house.6 They had issue. III. GOSPATRIC, son of Gospatric, succeeded his father in the Scottish territories and in the serjeanty of Beanley, in Northumberland, comprehending the lands there, already enumerated. In 1160-61 he paid to the English Exchequer 12 marks for six knights' fees, for which apparently he had commuted the service due from Beanley.7 But his chief interests lay in Scotland, especially as the manor of Edling- ham passed to his brother Edward. Accordingly we find his chief grants to religious houses to be in Scotland, and on his seal, noted below, he styles himself of Lothian, or 1 Priory of Hexham, i. 95. 2 Newminater Chartulary, as above, 117. 3 Ibid., 118-147, passim. 4 Original writ at Scarborough : autotype penes Sir Archibald Hamilton Dunbar, Bart. ; cf. Priory of Hexham, i., illus- trative documents, No. 6. 6 Cal. Doc. Scot., i. No. 1712. 6 Newminster Chartulary, 269, 270. 7 Cal. Doc. Scot., i. Nos. 74, 1712. 250 DUNBAR, EARL OF DUNBAR Earl of Lothian. He granted to the monks of Melrose, Hartside, and Spot, near Dunbar, and to Kelso the churches of Home and Fogo,1 and also confirmed the grants of Edrom and Nisbet, made by his father to the monks of Colding- ham, and his name occurs in various charters relating thereto.2 The chief event commemorative of this Earl Gospatric was his founding, apparently towards the close of his life, a nunnery at Ooldstream, at a place where apparently there was already a small religious house.3 He granted to the ' sisters of Witehou ' certain lands in Lennel and Birgham, while his Countess Derdere and other pro- prietors, with the Earl's consent, also gave land, with which endowments the nunnery began, its site being at the junction of the water of Leet with the river Tweed. This Earl is also said to have founded a nunnery at Eccles, but though such a house was instituted there in 1156,4 there is no certain evidence as to the founder. Earl Gospatric died in 1166, leaving a memory of good works,5 and was succeeded by his eldest son.6 His seal bears an equestrian figure, wearing a conical helmet, carrying a kite-shaped shield, and with a sword held over the shoulder in his right hand ; legend, ' + SIG. L. . . GOS- PATRICI . . LONEE.' 7 On the reverse is a seer e turn. The Christian name of the Earl's wife was Derdere, but her surname and parentage have not been ascertained. She may have been the proprietrix of the lands of Hirsel, of which she gave a portion to the nuns of Coldstream. They had issue : — 1. WALDEVE, who succeeded as Earl. 2. Patrick, who appears to have inherited his mother's property of the Hirsel,8 and he also held, either through her or from his father, the lands of Green- law, as he was patron of the church there, and also of the churches of Lamden and Haliburton.9 He refers to his wife in a charter to the monks of Kelso, 1 Liber de Metros, i. 8, 9, 44 ; Liber de Calchou, i. 233. 2 Raine's North Durham, App. No. civ. ; ibid., No. xxi. 3 Chartulary of Coldstream, Grampian Club, 6, 8 ; cf . original charter in H.M. Gen. Reg. House, No. 6. 4 Chron. de Mailros, 75 ; cf. Caledonia, iii. 343, note 1. 5 Reginald of Durham, Surtees Society, 226. 6 Chron. de Mailros, 80. 7 Seal attached to charter at Durham ; Raine, App. cxiii. 8 Chart, of Coldstream, 11, 13, 24. 9 Liber de Calchou, i. 55, 57. DUNBAR, EARL OF DUNBAR 251 but her name has not been definitely ascertained, though the Liber Vitce seems to imply she was Cecilia Fraser.1 He had at least one son, William, usually designed son of Patrick, who inherited Greenlaw.2 He married a lady, styled M. the Countess, but her identity has not been discovered.3 He is also said to have married his second cousin, Ada, daughter of his cousin Patrick, Earl of Dunbar, though the marriage could not have taken place before 1225, and to have received with her the lands of Home, but the evidence is not wholly con- clusive.4 A Patrick the clerk appears as ' son of the Earl ' in a writ to the Abbey of Kelso,5 in which Gospatric is the only Earl named, but no other reference to him has been found. IV. WALDEVE, son of Earl Gospatric and Countess Der- dere, succeeded as .fourth Earl of Dunbar6 or Lothian, though he himself uses neither title, calling himself Waldeve the Earl. It is probably he who, as ' son of Gospatric the Earl,' is named first as one of five hostages given to King Stephen, after the battle of the Standard, in 1138.7 After his succession he confirmed the grants made by his prede- cessors, the first charter granted by him as Earl being sealed in 1166, to the monks of Durham,8 Kelso and Melrose, and the nuns of Coldstream. He was frequently with King William the Lion in his progresses through the king- dom, but seems generally to have kept aloof from political matters, except in one case, where he strove, but without success, to dissuade King William from going to war with England to enforce his claim to the earldom of Northum- berland,9 and he was one of those who, in 1175, became sureties for that King that he would observe the treaty of Falaise.10 He died in 1182.11 His seal, attached to a writ at Durham, shows an equestrian figure wearing a conical lielmet, carrying a shield and with a sword, pointing up- 1 Liber Vitce, f. 63, Surtees ed., 99. 2 Liber de Calchou, i. 56. 3 Ibid., 58. 4 Ibid., 101, 235. Ada was twice married, and her second husband died in 1225 (Bain, i. 919). If she married her cousin he must have been her third husband, and it does not appear that the William Home in 1268 was her son, as he speaks of her as if she were not his mother. 5 Liber de Calchou, i. 222. 6 Cf. Chron. de Mailros, 89, 92. 7 Priory of Hexham, i. 106. 8 Raine's North Durham, App. No. cxiv. 9 Jordan Fantosme, Surtees Society, 18, 20. 10 Rymer's Faedera, ii. 562. « Chron. de Mail- ros, 92. 252 DUNBAR, EARL OF DUNBAR, wards over the shoulder, in his right hand. Legend : SIGILLTJM WALGSEVI GOMiTis.1 His wife was named Aelina, or Aline, but nothing is known of her, except a reference to her in the Earl's 'charters, and the date of her death, 20 August 1179.2 They had issue :— 1. PATRICK, who succeeded as Earl. 2. Constantine, who is named in his father's charter of 1166 before cited, but who seems to have died young. 3. A daughter, Alice or Helen, is said to have married Philip Seton, but no satisfactory evidence is given.3 V. PATRICK, fifth Earl of Dunbar, but the first who describes himself by that title, though Fordun styles him Earl of Lothian, 'Comes Lodensis,' when relating his marriage,4 was born in 1152. He appears in charters by his father, and also as a granter before his father's death. His estates in England occupied a good deal of his atten- tion, and he is named in 1187 as having deforced a vassal from his lands of Derecester, or Darnchester, in Berwick- shire.5 The Earl attended King William to Lincoln when he met King John there, and paid the usual homage for his lands in England.6 Earl Patrick appears to have been somewhat litigious, or at least fond of 'a gude-gaun plea,' as he kept the monks of Melrose in trouble for a good while over a dispute between them and him as to a point of trespass on some pasturage alleged to belong to the monks. The Pope ultimately referred the matter to the arbitration of Bruce Douglas, Bishop of Moray, and after much delay it was finally settled to the satisfaction of both parties.7 The Earl is said to have founded a collegiate church at Dunbar in 1218. In 1221 the Earl accompanied King Alexan- der ii. to York, and was present at his marriage there to the Princess Johanna, sister of King Henry in.8 In 1222 Earl Patrick is said to have taken part in an attempt to settle the direction of a portion of the March between England and Scotland, which had come into dispute through a question 1 Raine's North Durham, App. No. cxv. 2 Chron. de Mailros, 89. s The Family of Seton, i. 69. 4 Fordun a Goodall, i. 484. 6 Cat. Doc, Scot., i. No. 188. 6 Hoveden, 141, 142. 7 See whole transaction narrated in Liber de Melros, i. 87-95 ; Acta Part. Scot., i. 390-392. 8 Cal. Doc. Scot., No. 898, 19 June 1221. DUNBAR, EARL OF DUNBAR 253 as to boundary between the Canons of Carham and Bernard de Hawden, a neighbouring landowner. But though his name apparently figures in a document dealing with the subject, which has been ascribed to 13 October 1222,1 there is strong reason, from internal evidence, for assigning it to the same date in 1245, and it therefore belongs to the history of his son the sixth Earl. Earl Patrick held the earldom for fifty years, and died in 1232. The monks of Melrose, forgetting the annoyance he had caused them, give a touching picture of his closing days. He gathered his family together, with kinsmen and neighbours, to celebrate the joyful Christ mastide. Four days later he was seized with grievous illness, and sending for his friend and relative, Adam de Harkarres, Abbot of Melrose, received from him the last rites, extreme unction, and the monastic Ijabit. He bade farewell to all, and died on the last day of the year.2 He was buried in the church of St. Mary of Eccles, where his grandfather is said to have founded a nunnery. This Earl had two seals. The first, round, 2f inches in diameter, showing a mounted Knight in chain mail, riding to sinister, holding a sword with an ornamented blade raised in his right hand. He wears a flat-topped helmet, and carries suspended round his neck a heater-shaped shield charged with a lion rampant. The saddle-cloth has a fringe of six tags at the bottom. Legend — * SIGILL. COMI . . . PATRIC . . . VMBAR.' The second seal is round, show- ing an equestrian figure similar to the above, the saddle- cloth having eight pointed tags on the fringe. Legend — 'SIGILL. COMITIS PATRICII DE D VMBAR. '3 Earl Patrick was twice married ; first, in 1184, to Ada, a natural daughter of King William the Lion. She was the foundress of a nunnery at St. Bothans, now Abbey St. Bathans ; and died in 1200.4 The Earl married, secondly, between 1215 and 1218, Christina, widow of William de Brus of Annandale.5 He had issue : — 1. PATRICK, who succeeded, and of whom hereafter. 1 Cal. Doc. Scot., i. No. 832. Cf. No. 1676. 2 Chron. de Mailros, 143. 3 Scottish Armorial Seals, by W. Rae Macdonald, Nos. 778, 779. 4 Chron. de Mailros, 92 ; Fordun a Goodall, i. 515 ; Caledonia, iii. 241. 6 Bain, Cal. Doc. Scot., i. No. 700. 254 DUNBAR, EARL OP DUNBAR 2. William, who is described as son of Patrick, Earl of Dunbar, in various charters to the Abbey of Kelso. He married Christiana, daughter of Walter Corbet of Mackerston, and had issue three sons, Nicholas, Patrick, and Walter Corbet. She died in 1241, and William in 1253.1 Nicholas Corbet had the lands of Makerstoun, and he had also Langton and other lands in Northumberland. He died apparently with- out issue, as his brother Patrick, who had Fogo, is described as his heir.2 The seal of this William is engraved, but does not show heraldic bearings.3 3. Sir Robert, who on 29 August 1247 is named by the sixth Earl as his brother. He was then acting as Seneschal or Steward. He also appears in a charter, ascribed to his brother, but apparently by his father, confirmed on 10 February 1366-67.4 He is further described by Patrick, seventh Earl, as his uncle, in a charter dated about 1258.5 Nothing more is known of his history. 4. Ada, who was married, first, to William de Curtenay, without issue. He died before 11 September 1217, and between 1218 and 1220 she was married, secondly, to Theobald de Lascelles, who left her again a childless widow before October 1225.6 She is further said to have married her father's cousin William, son of Patrick of Greenlaw, and through him to have been the ancestress of the family of Home. She certainly was styled Lady of Home, and had part of the territory of that name, but the marriage is nowhere proved, and the terms of a charter by William of Home in 1268 suggest that she was not his mother.7 Earl Patrick had apparently other children, perhaps daughters,8 but their names are unknown. Fergus, son 1 Chron. de Mailros, 153, 179. The Chronicle of Melrose has a curious story of how, in 1241, William Dunbar obtained a tooth of Abbot Waldeve of Melrose, buried in 1156, which wrought cures, ibid., 151. 2 Liber de Calchou, 244-246; Laing Charters, Nos. 9-11. 3 Laing's Scottish Seals, ii. Nos. 312, 313. * Reg. Mag. Sig., i. 51, No. 155. 6 Raine's North Durham, App. Nos. 139, 140 ; cf . also Chart, of Coldstream, No. 57. 6 Cal. Doc. Scot.,\. Nos. 677, 694, 753, 919, 921. 7 Liber de Calchou, i. 99-101. » Cf. Liber de Metros, i. 39. DUNBAR,, EARL OF DUNBAR 255 of the Earl, appears in a charter by Earl Patrick to the convent of Goldstream,1 but he occurs nowhere else, and it is doubtful if he were a son of an Earl of Dunbar. VI. PATRICK, sixth Earl of Dunbar, succeeded his father on 31 December 1232, but had taken an active part in deal- ing with the estate some time before that date. A month or so after his accession, he did homage to King Henry in. for his English estates, and from the various inquisitions on the subject we learn the extent of his lands in North- umberland. On 22 February 1233 the King ordered sasine to be given, but in 1247, another inquiry was made enumer- ating not only the lands but the holders of them under the Earl.2 In 1235 the Earl took an active part in suppressing the rebellion in Galloway.3 In 1237, when King Alexander of Scotland resigned his rights to the three northern counties of England, Earl Patrick was the first of the Scottish magnates who became sureties for the fulfilment of the treaty. It was this Earl, and not his father as has been stated, who in 1245 took part in an attempt to settle a dispute as to marches between the Canons of Oarham and Bernard de Hawden, a neighbouring landowner on the Scottish side, which involved a settlement of the boundaries between the two countries.4 In 1247, owing, it is said, to remorse for injury done by him to the monastic house of Tynemouth, a cell of St. Albans,5 in his irritation at the long dispute between the lords of Beanley and the monks as to the churches of Bewick and Eglingham, Earl Patrick made up his mind to join the crusade to the Holy Land, projected by King Louis ix. of France. To defray expenses he sold or trans- ferred his stud of horses in Lauderdale to the Abbot and Convent of Melrose. The sale took place on 29 August 1247, and was confirmed by King Alexander 11. on 28 1 The Chartulary of Coldstream, No. 17. 2 Testa de Nevill, 385b, 392a ; Newminster Chartulary, 268 ; Cal. Doc. Scot., i. No. 1712. 3 Chron. de Mailros, 145, 146. 4 Mr. Bain in his Calendar, i. No. 832, assigns the transaction to 13 October 1222, but the date of the affair is fixed by the fact that David de Lindesay was not Justiciar of Lothian in 1222, but became such in 1243 ; Ibid., No. 1699, 1 December 1246. 6 Matthew Paris, Record series, v. 41. 256 DUNBAR, EARL OF DUNBAR November same year.1 A few months later the Earl had started on his journey. His last transaction in Scotland appears to have been a confirmation on 14 April 1248,2 of a grant by Mr. William of Greenlaw, to the monks of Melrose, which the Earl made in the presence of King Alexander at Berwick, and before 28 June he had left the country.3 But he never reached Palestine, as his death at Marseilles is recorded by the chronicler of Lanercost.4 The same writer tells also two stories which give us a very favourable view of the Earl's character. One is that the Earl had issued invitations to a feast, but many more guests arrived than preparation had been made for. When his steward informed him of the lack of provision thus caused, the Earl ordered the kitchen to be set on fire, risking rather the loss of his house than the tarnishing of his reputation for hospitality. The other story, for which the narrator vouches, concerns his forgiving and lenient conduct to a robber whom he had rescued from the gallows and placed in a position of trust, but who tried to murder his master. The Earl, however, made light of it, and gave the rascal money to escape.5 This Earl had two great seals, and two privy seals. The first great seal, used during his father's lifetime, round, shows an equestrian figure riding to sinister, with a sword raised in his right hand. He wears a square-topped helmet and carries a heater-shaped shield without any device. Legend, 'SIGILL. PATRICK FILII COMITIS PATRICII.' His seal as Earl is also round, showing an equestrian figure riding to dexter, wearing a flat-topped helmet, having a sword in right hand, and carrying on left arm a heater-shaped shield charged with a lion rampant. Legend, ' SIGILLVM PATRICII COMITIS DE DVNBAR.' One of his privy seals shows a lion rampant, with legend, ' SECRETVM p. COMIT.' 6 He married Euphemia, daughter of Walter, the third High Steward of Scotland, with whom he received the estate of Birkynside, in Lauderdale, which he burdened with a merk of silver to be paid yearly for the benefit of the church of Dryburgh.7 The Countess survived her 1 Liber de Metros, i. 204, 205. 2 Ibid., i. 210-214. 3 Cal. Doc. Scot, i. No. 1737. 4 Chron. de Lanercost, 54 ; cf . Chron. de Mailros, 177. 6 Ibid. 6 Scottish Armorial Seals, Nos. 780, 781, 781a. 7 Registrum de Dryburgh, 84, 85. DUNBAR, EARL OF DUNBAR 257 husband, dying perhaps in or about 1267. From the chronicler of Lanercost, who tells a somewhat decorated anecdote of the strained relations between her and her eldest son, we learn she resided, in her later years, at Whittinghame, in East Lothian. The same writer also states that he was present when mother and son were reconciled at her deathbed, he asking her forgiveness.1 The sixth Earl had issue :— 1. PATRICK, who succeeded as Earl, of whom hereafter. 2. Waldeve, the clerk, rector of Dunbar, is named as son of Earl Patrick in an indult to him by Pope Innocent iv. to hold an additional benefice, dated at Lyons 3 February 1245. He also appears in a charter granted by Sir Alexander Seton of Seton, dated about 1271.2 According to the JLanercost chronicler Earl Patrick and his wife had several children, and a William and a Robert appear in the writ of 14 April 1248, as if they were sons of the Earl. But by comparison of writs it would rather appear that they were his brothers. (See under the fifth Earl.) VII. PATRICK, seventh Earl of Dunbar, succeeded at the age of thirty-five, and is said by the Lanercost chronicler to have been very dissimilar in character to his father. Nothing is known of him before his accession, but after that event he took an active part in politics, especially during the earlier years of the young King Alexander in. He was a steadfast adherent of the English party, and in 1255 he and others procured the dismissal of the Oomyns and their faction from power. Earl Patrick's name stands fourth in the list of the new Council who had the support of King Henry in., the young King's father-in-law.3 In 1258, however, the Comyns again prevailed, and Earl Patrick was excluded from the Government, though in 1260 he was one of the Scottish nobles to whose keeping King Henry in. promised to intrust the expected infant 1 Chron. de Lanercost, 32. There was a Whittingham in Northumber- land, but apparently the chronicler refers to the one in East Lothian, which belonged to the Earls of Dunbar. 2 Papal Registers, Papal Letters, i. 214 ; Liber de Melros, i. 200. 3 Lit. Patent, 39 Hen. m. m. 2, 8 ; Rymer's Fcedera, i. 558, 559, 565, etc. VOL. III. R 258 DUNBAR, EARL OF D UNBAR child of the Queen of Scotland, then at the English Court.1 He commanded a division of the Scottish army at the battle of Largs in 1263, and he was present at the signing of the treaty between King Alexander in. and the King of Norway, on 6 July 1266. After this, little is recorded regarding the Earl, except some charters2 and some per- sonal matters, such as legal proceedings, chiefly affecting his Northumbrian property. He was, however, one of the witnesses to the marriage-contract between the Princess Margaret of Scotland and Eric, King of Norway, at Rox- burgh, 25 July 1281 ; and in February 1284, after the death of Prince Alexander, the Earl, though advanced in years, attended the Parliament at Scone which declared the Princess Margaret of Norway to be heir to the Scottish Crown.3 He was also one of those who obliged themselves to carry out that Act of Parliament. He and his three sons joined with the Bruces, the principals of the Stewart family, and Macdonalds, in a bond or compact for mutual defence and assistance, dated at Turnberry, Bruce's strong- hold in Carrick, on 20 September 1286 ; 4 but he did not long survive, as he died 24 August 1289, at Whittinghame in East Lothian, aged seventy-six, and was buried in the north aisle of the church of Dunbar.5 This Earl had two great and two privy seals. The first, which has a secretum at the back, shows an equestrian figure carrying a raised sword in his right hand, and suspended from the neck a shield charged with a lion rampant contourne. The square-topped helmet has on it a crescent. Some state that the crescent encloses a cross, but the cross a-ppears to be only that usually pre- ceding the legend, which is 'SIGILLVM PATRICII COMITIS DB DVNBAR.' The secretum shows a shield bearing a lion rampant contourne. Legend, 'SIGILL. AMORIS.' The second seal shows an equestrian figure similar to the above, but the horse housings have a chequered pattern : 'SIGILLVM PATRICII COMITIS BE DVNBAR.' 8 The earliest privy seal, about 1261, shows on a shield a lion rampant 1 Gal. Doc. Scot., i. No. 2229. 2 Cf. Chart, of Coldstream, Grampian Club, Nos. 2, 9, 16. [It is doubtful if No. 19 is by this Earl as stated by editor.] 3 Acta Parl. Scot., i. 423, 424. 4 Stevenson's Historical Docu- ments, i. 22, 23. 5 Chron. de Lanercost, 129. 6 Scottish Armorial Seals, Nos. 782-785. : DUNBAR, EARL OF DUNBAR 259 within an orle of eight roses.1 Legend, 's. PATRICII COMITIS D' DVBAR.' According to Douglas this Earl married a lady named Christian Bruce, said to be a daughter of Robert Bruce the Competitor, but no proof of this has been found, and it is probable it is a mistaken reference to the second wife of the fifth Earl.2 The Earl's only recorded wife and the mother of his sons was a lady named in a charter by her eldest son, ' Cecilia filia Johannis.'3 No other designation of her has been found. It has been suggested that she was a Fraser, but there is no satisfactory evidence of this. They had issue : — 1. SIR PATRICK/ who succeeded as eighth Earl. 2. Sir John, named with his father and brothers in the compact at Turnberry in 1286, already cited, and he also appears as a witness to charters by his father and brothers.5 Nothing more is known with certainty regarding him, unless he be the Sir John Dunbar, late of Birkenside, who is named in a charter by his son John Dunbar, to the monks of Dryburgh, the date of which is not given.6 But if this be so, his male issue must have failed before 1368, as his grand- nephew George succeeded to the earldom. 3. Sir Alexander, who is named as the third of the brothers in the compact of 1286 and elsewhere. He had a fee or grant of 20 merks sterling bestowed on him by King Alexander in., which continued to be paid after the King's death, up to September 1289.7 There are other unimportant references to him,8 and he was alive on 26 June 1331, when his son Sir Patrick quit-claimed his rights in Swinwood to the monks of Coldingham. It is not known when he died. His seal, still attached to one of the receipts for his fee, shows a lion rampant within a double 1 This is the first appearance of roses in the bordure. 2 See supra, p. 253. 3 Liber de Calchou, i. 57, 60. 4 Sir Patrick and his two brothers are all described as Knights in a charter by their father, of uncertain date, but probably between 1286 and 1289. Original charter in Gen. Reg. Ho., No. 60. 5 Chartulary of Coldstream, Nos. 1, 14, 16. 6 Reg. de Dry- burgh, 259. 7 Stevenson's Historical Documents, i. 56-58, 65, 94, 104. 8 Rotuli Scotice, i. 16b ; Chartulary of Coldstream, Nos. 1, 14, 16 ; Beg. de Dryburgh, 233. 260 DUNBAR, EARL OF DUNBAR tressure. Legend, * s. ALEXANDRI PILII COMITIS DE DVNB.'1 The name of his wife is nowhere stated. Sir Alexander had issue, so far as is known, one son: — (1) Sir Patrick, who, in 1331, as son of Sir Alexander, son of the Earl, quit-claimed his rights in Swinwood to the monks of Coldingham.2 He was present at the battle of Durham in 1346, and also at Poictiers in 1356 ; but died and was buried at Candia, on his way to the Holy Land in 1356-57.3 He married, perhaps as his second wife, Isabella, younger daughter of Thomas Randolph, first Earl of Moray.4 Isabella Randolph survived her husband, and on 20 July 1361, as Isabella Ranulph, heiress of John Ranulph, Earl of Moray, etc. (her brother), she confirmed a charter by Andrew del Garvyauch, of date 8 August 1357. 5 Sir Patrick's seal, attached to the writ of 1352, shows a lion rampant within a double tressure. Legend, 'SIGILLVM PATRICII DE DVNBAB.' His wife's seal shows a shield with impaled arms, the first of husband and wife known in Scot- land. Dexter, a lion rampant, within a royal tressure ; sinister, three cushions in a royal tressure for Randolph. Legend, ' SIGILL ISABEL DE DUNBAR. 6 Sir Patrick Dunbar and Isabella Randolph had issue :— i. GEORGE, who became tenth Earl of Dunbar, of whom hereafter, ii. JOHN, who was, in 1372, created Earl of Moray. (See that title.) iii. Sir Patrick Dunbar of ' Bele ' or Biel, who appears as brother of George, Earl of March, in 1387-88. T In or before 1390 he received from his brother Earl George 40 merks of land in the territory of Mersington, including a considerable portion of the parish of Eccles.8 He was made prisoner at Homildon, 14 September 1402. He occurs in charters of 1423 and 1425, as ' uncle ' of George, eleventh Earl of March.9 He was one of the envoys to arrange for the ransom of King James i., and he appears as a commissioner for the Marches down to 12 July 1429. His wife, in 1434, was Euphemia Stewart, daughter of David, Earl of Strathearn, and widow of Patrick Graham of Dundaff. He was alive in 1438. 10 He had issue at least two sons, Patrick and George, and is supposed to have been the ancestor of "William Dunbar the poet. 1 Original receipt in British Museum; Stevenson ut supra, i. 94. 2 Raine's North Durham, App. No. 432. 3 Bain's Cal. Doc. Scot., iv. xxiv ; Fordun, ed. Skene, 377, note 3. 4 Scottish Kings, 152. '° Original charter in Gen. Reg. Ho., No. 134; Antiquities of Aberdeen and Banff, ii. 37. 6 Scottish Armorial Seals, Nos. 796, 2258 ; Scottish Kings, 152 note 37. 7 Charter in Gen. Reg. Ho., No. 192. 8 Laing Charters, No. 81. 9 Charters in Gen. Reg. Ho., Nos. 260, 263, 265. 10 Exch. Rolls, iv. pp. clix, 592 ; Reg. Mag. Sig., 16 November 1439. DUNBAR, EARL OF DUNBAR 261 iv. Agnes, whom George, Earl of Dunbar, styles his very dear sister, when in 1372 he granted to her the lands of Mordington and Whittinghame,1 on her marriage with Sir James Douglas of Dalkeith, ancestor of the Earls of Morton. (See that title.) David. In 1375, George, tenth Earl of March, resigned in favour of David Dunbar the very extensive terri- tories of Cumnock, Blantyre, and other lands.2 Ac- cording to Sir Robert Douglas, in his Baronage, David was a son of a George Dunbar, an alleged son of the eighth Earl, but of this no evidence has been found. In the charter of 1375 no relationship is stated, and no direct proof has been discovered, but from the very large grant thus made — the barony of Cumnock alone embracing 50,000 acres of land— there is a presumption that David was a brother of Earl George. He appears further in three writs of un- certain date, but confirmed by Robert, Duke of Albany, in 1411, as Sir David Dunbar of Cumnock, knight, and had then a son and heir, Sir Patrick of Du/ibar, also a knight, who was the real granter of certain lands and wadsets to Gilbert Grierson of Arde.3 (i) Sir Patrick, succeeded his father before 1424, when he was Lord of Cumnock, and was one of the hostages for King James i. He apparently deceased before 1437, when his son Sir John was lord of Cumnock and Mochrum. Sir John had two sons, Patrick and Cuthbert. Patrick of Cumnock had three daughters : — a. Euphemia, married, before 21 June 1474, to Sir James Dunbar, eldest son of Sir Alexander Dunbar, first of Westfield. (See title Moray.) b. Margaret, married before same date to Sir John Dunbar, second son of Sir Alex- ander, and from her the present Sir William Cospatrick Dunbar of Mochrum- park is descended in the female line. c. Jonet, married to Patrick Dunbar of Kil- conquhar. (See infra, under George, eleventh Earl of March.)4 Sir John's second son Cuthbert, who had Blantyre, is now represented in the female line by Captain Nugent Dunbar of Machermore, co. Kirkcudbright. Agnes. Sir Patrick Dunbar had another daughter, who married John Maitland of Thirlstane. She is, by Mr. Wood, called Elizabeth, but in several charters in 1369 she is styled Agnes, and must have been 1 Reg. Mag. Sig., ed. 1814, 117, Nos. 19, 20, 125, No. 31. 2 Ibid., 137, 158. 3 Original confirmation, 17 March 1410-11, Gen. Reg. Ho., No. 228. 4 Reg. Mag. Siq., 1424-1513, Nos. 1064, 1175, 1372, 1423. 262 DUNBAR, EARL OF DUNBAR married some time before that year, when Earl George styles her his ' sister,' and bestowed upon her husband and her son Robert the lands of Tibbers, co. Dumfries.1 VIII. SIR PATRICK, * with the blak berd,' 2 eighth Earl of Dunbar, appears first as son of Earl Patrick, confirming grants by his father and his mother whom he styles ' Cecilia filia Johannis.' In 1281 he was one of the witnesses to the marriage-contract of the Princess Margaret, already cited, and in 1286 he appears with his father and two younger brothers in the compact with Bruce at Turnberry. He was forty-seven years of age when he succeeded his father, and was the first who openly assumed the title of EARL OF MARCH, though in his claim to the Crown he styles himself the third Earl. He attended the Parliament at Brigham on 14 March 1289-90, but after the death of the 4 Maid of Norway ' he, with others, laid claim to the Crown of Scot- land, on the ground that his great-grandfather Patrick, the fifth Earl, had married Ada, an illegitimate daughter of King William the Lion. But he soon withdrew from the competitorship. The usual inquest was held before he received possession of his English lands, but in 1293 Beanley and other estates were placed under arrest for his contumacy in delaying to answer a summons to show his right. They were, however, soon restored. In 1294 he was called, with other Scottish magnates, to join King Edward i. in his expedition against France. In 1295 his English lands were again taken into the King's hands, but only for a short period, and he remained faithful to Edward i. when King John Baliol renounced his fealty. The Earl's wife held his castle of Dunbar against an English force in April 1297, but was obliged to surrender it with all the Scottish nobles who had taken refuge there after their defeat at Dunbar. Earl Patrick was then, or soon after, at the English court. In May 1298 he was appointed by Edward i. captain of his garrison at Berwick, and in November he was made chief commander of the English forces south of the Forth, his jurisdiction extending as far as over Ayrshire. The Earl 1 Acta Parl. Scot.,vii. 159, 160a; Fourteenth Rep. Hist. MSS. Com. App. viii. 32. 2 Scalacronica, Leland, i. 540. DUNBAR, EARL OF DUNBAR 263 was still in the English interest in 1300, when King Edward made his march against Oarlaverock Castle, and he and his ensigns armorial are duly recorded in the famous metrical account of the siege.1 In 1305 he was elected one of the Scottish commissioners to the English Parlia- ment, but failed to attend, and Sir John Menteith was, by the King's order, chosen in his stead.2 In July 1307 Edward i. died, but the Earl continued to adhere to his successor, though he did not long survive, as he died on 10 October 1308, aged sixty-six. This Earl's seal shows on a shield suspended by a guige, a lion rampant within a bordure charged with eight roses. Legend, ' s. DNI PATRICII DE DVNBAR COM MARC.3 The wife of this Earl is uncertain, as no record or reference to his Countess has been discovered. Sir Robert Douglas, in his Peerage, 1764, states, without giving proof, that the Earl married Marian, daughter of Duncan, tenth Earl of Fife, by whom he had two sons, Patrick and George, the latter being the alleged ancestor of the Dunbars of Cumnock. But this has not been substantiated. Accord- ing to the later edition of Douglas, this Earl married Marjorie Corny n, daughter of Alexander Corny n, Earl of Buchan, a statement founded on a letter,4 in 1400, by George, tenth Earl of March, to King Henry iv. of England, when the Earl claims that a Marjorie Corny n was his ' graunde dame ' or great-grandmother, and also states that she was ' full sister ' of Alice Comyn, who, about 1306, married Sir Henry Beaumont and became great-grandmother of King Henry iv. Wyntoun, in his metrical Cronykil? states that ' the eldest ' daughter, whom he does not name, of Alexander Comyn, Earl of Buchan (vol. ii. of this work, p. 256), married a Patrick, Earl of Dunbar; but if she were Marjorie, she must have been the aunt and not the sister of Alice Comyn or Beaumont, and Earl George is so far wrong in his assertion. The eighth Earl is the only Earl Patrick whose date suits with a daughter of Alexander, Earl of Buchan, as they must have been contemporaries ; 1 Siege of Carlaverock by Sir Harris Nicolas, 34. 2 Further facts may be gathered from Cal. Doc. Scot., ii. Nos. 396-1942, passim ; Stevenson's Historical Documents, i. ii. 3 Scottish Armorial Seals, No. 786. 4 Pinker- ton, i. App. 442 ; Douglas Book, iv. 59, 60. Facsimile, Nat. MSS. of Scot- land, ii. No. liii. 5 Laing's ed., ii. 310. 264 DUNBAR, EARL OF DUNBAR but if Marjorie Corny n were the wife of the eighth Earl, it seems impossible that she could have been the great- grandmother on the father's side of George, tenth Earl of March. It may be assumed, however, that Wyntoun is right, that this Earl Patrick did marry a Comyn, but that Earl George made a mistake as to his relationship to her. He had a son, IX. PATRICK, ninth Earl of Dunbar and second or fourth of March, born, according to the inquest held after his succession, in 1282, and aged twenty-four at his father's death.1 He had already taken part in public life, as he was present with his father at the siege of Oarlaverock, when he was only sixteen. In 1307 he as well as his father were required by Edward n. to obey the Earl of Richmond, the English King's lieutenant, and to preserve the peace in Scotland. After his succession as Earl, he retained the goodwill of King Edward n., and towards the close of 1313 the Earl and Sir Adam of Gordon were conjoined as envoys from the ' people of Scotland ' adhering to the English interest, to lay before King Edward their sufferings under the constant raids made by King Robert Bruce and his officers, who were gradually gaining the upper hand in the country. Earl Patrick's lands and tenants were specially exposed, not only to the forays of their own countrymen, but to attacks by the English garrisons of Berwick and Roxburgh, the commanders of which refused redress.2 The King gave an encouraging reply, and also made a formal promise that he would lead an army to their assistance about midsummer of the following year, a promise which he fulfilled, resulting in the battle of Bannockburn. Earl Patrick received the English King, a fugitive, and sheltered him in his castle of Dunbar till he could make his way by sea to Berwick. The Earl after this became an adherent of King Robert Bruce, and in the beginning of 1318 he took an active part in obtaining the surrender of the town of Berwick, then besieged by Bruce, who, by the Earl's aid, gained possession of the town on 28 March 1318, though the castle held out till 20 July. The Earl's seal is attached to the letter by the Scottish 1 Col. Doc. Scot., iii. No. 77. 2 Ibid., Nos. 77-337, passim. DUNBAR, EARL OF DUNBAR 265 nobles to Pope John xxn., on 6 April 1320,1 and he con- tinued faithful to his own country, not only during the reign of King Robert, but through the troublous times which marked the minority of David n. When the battle of Dupplin was fought and the Regent Mar slain, on 12 August 1332, Earl Patrick was in command of a large body of troops encamped near Auchterarder. Hearing of the defeat of the Regent, the Earl marched towards Perth, whither Baliol had gone, and invested that town. But a fleet of ships upon which he depended for support having been broken up, he raised the siege. Later in the year, he and Archibald Douglas, now Regent, endeavoured to arrange a peace, but it was not held binding. The Earl was in command of the castle of Berwick-on- Tweed in July 1333, when the defeat of the Scots at Halidon Hill forced him to surrender the place to the English King. He received a grant of £100 of land to himself and Agnes, his wife, and for this, or because he believed the Scottish cause hopeless, he again joined the English party, and was one of the obsequious Parliament in February 1334 who virtually gave up their country to the usurper. Other favours were bestowed on the Earl, and he received con- siderable sums of money. On one occasion he was, ap- parently when returning from a visit to Edward at York, attacked by t ille people ' and ' sore hurt ' for desire of the money he carried. In the following year, however, he again threw off his allegiance to England, and this time wholly, being probably inclined to this step by the invasion of Scotland at the close of 1334, when a force led by Edward in. himself harried Lothian, and laid it waste, not sparing the Earl's lands.2 King Edward immediately declared the Earl's estates forfeited, and distributed those in Northumberland to various persons, while he also assumed the Berwickshire lands into his own hands.3 The Earl having taken his stand, entered into active hostilities and fought the English partisans wherever possible. The Earl's lands in East Lothian, Whittinghame and others, were all at this time in the hands of the English King, as appears 1 Acta Parl. Scot., i. 474, facsimile. 2 Full evidence of the devastation of Berwick and the Lothians maybe gathered from the account of the sheriffs. See Gal. Doc. Scot., iii. 317-347, 368-393. 3 Ibid., Nos. 1145, 1146, 1181. 266 DUNBAR, EARL OF DUNBAR from the accounts, but he held to his Scottish allegiance, and took part in the operations of the patriotic army. He was ably seconded by his wife, Agnes Randolph, elder daughter of the famous Regent, who showed all the best abilities of her family in successfully defending her husband's castle of Dunbar against an English force. The siege began on 28 January and the castle was not relieved until about 10 June, when the English retired.1 He com- manded the left wing of the Scottish army at the battle of Durham on 17 October 1346. On 4 September 1351 his son and heir was one of the hostages for the return of King David n. to England, he being then on parole in Scotland. The Earl's son was also named as a hostage in 1354, but not in the later list of 1357, in which year King David was finally released, the Earl himself being a party to the treaty of release. The truce made in 1354 was soon broken, Earl Patrick taking part in various attacks upon the English. In 1358 a casual reference is made in the Exchequer Rolls2 to the taking or capture of the Earl of March by Sir James Lindsay, but no further evidence of the incident has been found. In 1363 Earl Patrick joined the High Stewart and the Earl of Douglas in their outbreak of dissatisfaction with the extravagance of King David n. The Earl of March perhaps had other causes of grievance. The death, at the battle of Durham, of his brother-in-law, John Randolph, Earl of Moray, seems to have added a considerable acces- sion of territory to his heiresses, who were his two sisters, Agnes, wife of Earl Patrick, and Isabella, wife of the Earl's cousin, Sir Patrick Dunbar. The earldom of Moray was a male fief, and so fell into the hands of the Grown, as also apparently did Annandale, though it was then in English hands, but extensive lands in Dumfriesshire, Ayrshire,, Aberdeenshire, and Fifeshire remained, and were divided between the two sisters. Some time after 1346 the Earl assumed the title of Moray, in addition to that of March, and he appears as Earl of March and Moray in Parliament, on 31 August 1358.3 Notwithstanding this, King David n. 1 Chron. de Lanercost, 296, 297, where there is an interesting story about the Countess and her brother John ; see also Tales of a Grandfather, by Sir Walter Scott, for a popular account and other anecdotes of the siege and defence. 2 i. 558. 3 Acta Parl. Scot., i. 523. DUNBAB, EARL OP DUNBAR 267 granted the northern earldom in favour of the English Duke of Lancaster on 5 April 1358,1 but Earl Patrick con- tinued to hold the double title, and in 1367 the rents of the earldom were stated by Parliament to be still in his hands.2 It may, however, have been some resentment against the King which led the Earl to take part in the rising of 1363, though he did not take a very active part, and it was quickly suppressed, the rebellious lords making separate submissions.3 The Earl held the earldom of Dunbar for nearly sixty years, and though an aged man at his death, seems to have been vigorous to the end. He assisted at a treaty with England, begun at Moreno uselaw on 1, and ended at Roxburgh 4, September 1367,4 and he appears to have per- sonally taken order with the affairs of a vassal who died 8 February 1367-68.5 He was present at a Parliament at Stirling on 4 July 1368, but died apparently before the 25th of same month,6 or at least resigned his earldom about that date, and probably died not long after, aged eighty-six or more. This Earl had several seals. First, about 1320, his seal shows a lion rampant within a bordure charged with twelve roses. Legend, 4s. PATRICII DE DVNBAR COMITIS MAR.' 7 The next, in 1334, shows a lion rampant within a bordure charged with thirteen roses. Crest, On a barred helmet front face, a tower masoned and embattled, from which issues the half-length nude figure of a woman with flowing hair, holding in each hand a coronet. At each side of the tower is the head and fore part of a lion, one paw resting on the helmet. Supporters, Two hairy savages. Beneath the shield is a wyvern. Legend, ' SIGILLVM PAT- RICH COMITIS DE MARCHIA.8 The third seal, in 1357, shows a lion rampant within a bordure charged with eleven roses. Crest, On a cylin- drical helmet with capeline and coronet, a horse's head 1 Cal Doc. Scot., iv. No. 9, pref. x, xi. 2 Acta Parl. Scot., i. 528, 529. Moray was a male fief, but Earl Patrick may have had the rents as solatium for the loss of Annandale, which King David, in 1366, granted to John of Logy, though the latter's possession could only have been nominal ; Cal. Doc. Scot., iv. No. 128. 3 Fordun a Goodall, ii. 369. 4 Acta Parl. Scot., xii. 14, 15. 6 Cal. Doc. Scot., iv. No. 140. 6 Acta Parl. Scot., i. 532; Reg. Mag. Sig., i. 62, Nos. 195, 196. 7 Scottish Armorial Seals, No. 788. 8 Ibid., No. 789. 268 DUNBAR, EARL OF DUNBAR bridled. Supporters, Two men in doublets, each with a pointed cap and tall feather in front. Within an orna- mented quatrefoil panel. Legend, ' s. PATRICII DE DVNB[AR] COMITIS [MARCHIE].' 1 The fourth, about 1367, shows an equestrian figure riding to sinister, with sword in right hand and shield on left arm bearing arms, which are repeated on his surcoat and the caparisons of his horse, — a lion rampant within a bordure charged with eleven roses. Crest, On his helmet, a horse head bridled. Legend, ' + SIGILLVM : PATBICII DE DVNBAR : COMITIS : MARCHIE.' The counterseal is a shield, within a circle ornamented with six decorated cusps, bearing arms, — a lion rampant within a bordure charged with eleven roses. Legend, ' + SIGILLVM : : PATRICII : DE : DVNBAR : COMITIS : MARCHIE.'2 Another seal is similar to the last, but the shield bears a lion rampant within a bordure charged with eight roses. Fan plume on the helmet and also on the horse's head. Legend, ' s. PATRICII DE DVMBAR COMITIS MARCHIE.' 3 A fifth seal shows a lion rampant within a bordure charged with eight roses. The seal of his wife Agnes Randolph shows four shields in a circle, point to point, with a three-pointed coronet between each two shields. One of the shields bears a lion rampant within a double tressure, two bear the arms of her husband, and the fourth bears the three cushions of Randolph, in a double tressure. Legend, 4s. AGNETIS COMITISSE DE DUNBAR ET MORA VIE.' 4 This Earl married, first, a certain Lady Ermigarda, who, in 1303, and also on 26 June 1304, being then pregnant, received a cask of new wine as a present from King Edward i.5 The Earl apparently had children by her. His second wife, so far as is known, was Agnes, eldest daughter of Thomas Randolph, Earl of Moray, sometime Regent of Scotland. They had a dispensation to marry, dated 18 August 1320, which states they were related in the fourth degree ; but on 16 January 1323-24 they received a second dispensation narrating that they were really within the third and fourth degrees of consanguinity. 1 Scottish Armorial Seals, No. 790. 2 Ibid., Nos. 791, 792. 3 Ibid., No. 793. * Ibid., Nos. 794, 2257. 5 Cal. Doc. Scot., ii. p. 403 ; iv. p. 457. Who the lady was has not been ascertained. DUNBAR, EARL OP DUNBAR 269 Meanwhile they had married, but they were permitted to remain in marriage, and their past and future children were declared legitimate.1 The Countess corresponded with her brother John, Earl of Moray, when he was a prisoner in England in 1337.2 After his death she and her sister shared his possessions betwixt them. Evidence of this is to be found in two charters, the first granted by Earl Patrick and Agnes, his wife, at Dunbar, on 2 January 1351-52, and the second by Sir Patrick Dunbar and Isabella, his wife, at Wester Spott, near Dunbar, on the same day, both writs confirming the same deed, a grant by their vassal Richard Anstruther, of the lands of West Pitcorthy, in Fife, to his sister Cecilia and John Strang, her husband.3 Other evidence will be noted in next memoir. Countess Agnes was still alive on 24 May 1367, but that appears to be the latest mention of her, and she may have predeceased her husband. According to Boece, who seems to have known some- thing of the family history, Earl Patrick and Black Agnes had no children,4 although, as stated, children are referred to in the Papal dispensation, probably as a matter of form. But, probably by his first wife, the Earl had issue, Sir John, who is named in the list of hostages for King David ii. in 1351, and there is described as son and heir of the Earl of March. He is also referred to, but not by name, in the list of 1354, but he is not referred to in the final list of 1357.5 He also appears in charters of uncertain date, but before 1346, as Sir John, son of the Earl of March, and he had then received the rank of knighthood.6 Nothing further has been ascertained regarding him, and he must have predeceased his father without issue, as his cousin George succeeded. 1 Col. Papal Registers, Letters, ii. 201, 235. 2 Col. Doc. Scot., in. No. 1233. 3 Charter by Anstruther, and confirmation by Earl Patrick, both in H.M. Gen. Reg. House, Nos. 119A, 119s; original deed by Sir Patrick Dunbar, at Duffus House, Elgin, in possession of Sir Archibald Hamilton Dunbar, Bart., who was the first to discover the new evidence as to Black Agnes and her sister. 4 Boece, ed. 1574, 367b ; Pitscottie, in his version of Boece, omits the statement that Black Agnes had no issue (Scot. Text Society edition, i. 63). 6 Rymer's Fcedera, v. 724, 793 ; cf. Rotuli Scotice, i. 768, 814. 6 Liber de Melros, ii. 331 ; Liber de Dry- burgh, 232. 270 DUNBAR, EARL OP DUNBAR X. GEORGE, tenth Earl of Dunbar and third or fifth Earl of March, usually known as George, tenth Earl of March, Lord of Man and Annandale, was one of the most prominent members of his family. He was probably born about 1340, and, strange to say, his exact parentage was forgotten or overlooked until a few years ago. It was assumed by the older writers that he was the son of the ninth Earl by Agnes Randolph, notwithstanding that Boece, followed by Lindsay of Pitscottie, casts a doubt on that relationship, plainly hinting that George was the son of a sister of Agnes.1 Boece indeed expressly says that Agnes Randolph had no issue, a statement not repeated by Pitscottie. In an early MS. of Fordun's Annales also it is stated that Sir Patrick of Dunbar, who fought at Poictiers, and afterwards went towards the Holy Land, was the father of George, after- wards Earl of March.2 Sir Patrick's wife was Isabel Randolph, and as she was sister, and one of the two heiresses of John Randolph, third Earl of Moray, it is easy to explain how Earl George came to possess the Randolph estates as well as the earldom of March or Dunbar. His first appearance on record is in 1363, when, on 28 June, King David II. confirmed to him a grant of one-half of the baronies of Tibbers and Morton, in Dumfriesshire, which Patrick, Earl of March, and Agnes, his wife, had resigned in his favour.3 These were Randolph estates, and the Earl and Countess therefore only resigned one-half, while the other no doubt was inherited from his mother. In May 1367 he was a witness to a charter by Earl Patrick and his wife to the monks of Durham, where he is described as their 'cousin.'4 On 25 July 1368 he received from King David n. two charters, the first of the baronies of Oum- nock, Blantyre, Glenken, and Mochrum, in the counties of Ayr and Lanark, and ' sheriffdom of Dumfries,' resigned by Patrick of Dunbar, Knight, last Earl of March, and the second of the earldom of March, also resigned by the last Earl.5 The terms used seem to imply that Earl Patrick was still alive, but no longer Earl, and the references to the Earl of March after the above date appear to relate to George. 1 Boece, ed. 1574, 367b ; Pitscottie, Scot. Text Society edition, i. 03. 2 Fordun, ed. Skene, i. 377, note 3. 3 Reg. Mag. Sig., i. 29, No. 53. 4 Raine's North Durham, App. No. cxlii., 24 May 1367. 3 Reg. Mag. Siy., i. 62, Nos. 195, 196. DUNBAR, EARL OF DUNBAR 271 tie was certainly Earl in June 1369,1 and he appears in Parliament in March 1369 and February and October 1370." After the accession of King Robert 11. the Earl was present in Parliament when the Act of Succession was passed, 27 March 1371, and his seal is still affixed to it and to the Act of Confirmation on 4 April 1373.3 He seems to have resented greatly the presence of the English in his family estate of Annandale, and grievous complaints were made to Edward in. in 1376, by the English Chamberlain of Loch- maben Castle, that the rents suffered from the Earl's de- predations, which had evidently been made in 1375.4 In 1377 the Earl of Northumberland complained to the King of Scots as to violence done by the Earl of March at Roxburgh.5 In April 1378 the Earl of Northumberland complained that the Earls of March, Douglas, and others were harassing the English borders, and from a list of lands in 1380, taken from the English, it appears that these nobles, and particu- larly March, had recovered considerable portions of their estates.6 A later exploit of the Earl's was the capture of the Baron of Greystock, who was appointed keeper of Roxburgh Castle, an event which has been assigned to the year 1384, but must have taken place before November 1382.7 The Earl was one of the leaders under the Earl of Douglas, in the famous raid into England which ended in the battle of Otterburn on 5 August 1388. After the death of Douglas, March pressed forward with his division, and fought 'right valiantly,' as Froissart has it, so pressing upon the English forces that they gave way.8 In the first part of the year 1400 the Earl's friendly relations to King Robert in. underwent a change, owing to the bad faith shown to his daughter by the Duke of Rothesay. In February 1400 the Earl wrote the English King telling him of the insult to his daughter, and desiring a safe-conduct that he might have a personal interview. He also claimed kinship with the King, through their 1 Col. Doc. Scot., iv. No. 154. 2 Acta Parl. Scot., i. 506, 508, 534, 537. 3 Ibid., i. 546-547, 549. 4 Col. Doc. Scot., iv. Nos. 223, 231. 6 Cf. Ibid., Nos. 242, 252, p. 402, No. 308; Fordun a Goodall, ii. 384-385. 6 Cat. of Docs., iv. Nos. 260, 295. 7 Fordun a Goodall, ii. 377-378; Col. Doc. Scot., iv. Nos. 315, 318. 8 Froissart, Globe ed., 370, 374, 375. 272 DUNBAR, EARL OF DUNBAR mutual Corny n descent.1 Henry iv., in the following June, gave the necessary permission for an interview, which probably took place at York, towards which the King was proceeding. Henry was too astute not to encourage a valuable ally, and the result was the transference of the Earl with his whole family to England. One reason of this was that his castle of Dunbar was seized for the Scottish King by the Earl of Douglas, and the lordships of Dunbar and Annandale were forfeited. He became high in Henry's favour, and various manors,|Somerton, Olipston, and others, besides considerable sums of money, were bestowed on him.2 He took service on the Marches, at Martinmas 1401, and in the following year was the chief means of a severe check given to the Scots on Nisbet Moor, 22 June 1402.3 It was his military genius also, added to his knowledge of the Scottish mode of warfare, which gained for the English the battle of Homildon Hill, on 14 September 1402, and at the battle of Shrewsbury, 21 July 1403, he gave advice which tended to save both King Henry's life and his kingdom. For these great services he received considerable rewards in manors and money, and he was allowed to style his own pursuivant ' Shrewsbury Herald/4 He was still in England in June 1407, but about that date his name drops from the English records, and he and his Countess appear to have bent their steps northward, if a letter, undated, written by her to King Henry iv. is to be attributed to this year, as seems probable.5 Whether as a result of this letter or not, a sum of £90 was, in June 1407, given by King Henry to the Earl and his wife,6 and in the following year the Earl was reconciled to the Regent Albany and restored to his earldom, but in 1409 he was compelled to resign his lordship of Annandale, which for a time became the property of the Earls of Douglas, though he still retained his lordship of Man. After that date he does not appear so frequently, once or twice witnessing 1 Letter, 18 February (1400), printed by Pinkerton, i. App. 442 ; Douglas Book, iv. 59, 60. 2 Col. Doc. Scot., iv. Nos. 579, 589, 598, 602, 603, 605. 3 Fordun a Goodall, ii. 433. 4 Cal. Doc. Scot., iv. Nos. 623-666, passim. 5 Nat. MSS. of Scotland, ii. No. Hi. ; The Douglas Book, iv. 65, 66. The reference to the plague seems to fix the year, as it was very severe in the summer of 1407 ; Walsingham, Rolls series, 422, 423. 6 Cal. Doc. Scot., iv. No. 740. DUNBAR, EARL OP DUNBAR 273 charters by the Regent Albany, and on one occasion being called into consultation as to measures of resistance against the Lord of the Isles ; 1 while in 1411 he was one of eight Scottish commissioners appointed to negotiate for a truce.2 The chronicler Bower records this Earl's death as taking place in, or a little before, the year 1420.3 This date, how- ever, is uncertain. It is true that a pension from Exchequer ceases between June 1417 and June 1418, but on the other hand he appears to have been still alive in July 1420,4 and Nisbet gives a copy of a charter to George Inglis of Lochend, of date 8 September 1422, in which the Earl of March, the granter, describes one of the witnesses as ' Christiana my spouse,' suggesting the tenth Earl.5 The Earl had two seals. First : a lion rampant within an orle of sixteen roses. Crest, On a helmet with capelme and coronet, a horses head bridled. Supporters, Two lions sejant guardant cone, with a tree beside each. Legend^ 'S. GEQRGII DE DUNBAR COMITIS MARCHIE.' The second seal is similar, but the shield shows a lion rampant within a bordure charged with eight roses, and the legend is 'SIGILLTJM GEORGII DE DUNBAR COMITIS MARCHIE. ' 6 The Earl married a lady named Christiana, who is said to have been the daughter of Sir Alexander Seton of Seton.. They had issue : — 1. SIR GEORGE, who succeeded as Earl of March. 2. Sir Gavin (or Wawan), named next after George in a royal grant of 1390, to be noted later, and in the safe-conduct to England on 2 August 1402. He was taken into the personal service of Henry iv. for life at £40 a year. On 14 August 1403 he had a grant of the 4 vil ' of Newburn for life, on account of good service, perhaps at Shrewsbury. On his father's return to Scotland Sir Gavin seems to have deserted the English alliance, as in 1411 he was one of the leaders of a party who broke down the bridge of Roxburgh and burned the town.7 Probably it was for this exploit he received a grant of £40 about that 1 Exch. Rolls, iv. pp. Ivii, 132. 2 Col. Doc. Scot., iv. No. 805. 3 Fordun a Goodall, ii. 460. * Exch. Rolls, iv. 315. 6 Ibid., iv. 293; Nisbet, General Collection, Adv. Lib. MS., 34.3.5. 6 Scottish Armorial Seals* Nos. 797, 798. * Fordun a Goodall, ii. 447. VOL. III. S 274 DUNBAR, EARL OF DUNBAR date for his work on the March. He had other payments made to him from Exchequer, and grants from customs duties paid up to or beyond June 1417, and he deceased before June 1418.1 3. Colin or Columba, born about 1380, perhaps earlier. styled Colin in a writ of 1390, named as third son there, and in the safe-conduct of 1402-3. He was educated at Oxford. He is referred to as receiving money for his father and mother, and in February 1402-3 he was presented to the deanery of St. Mary Magdalene, Bridgnorth.2 In 1411 he is named as Dean of Dunbar, the benefice being £40 yearly;3 and in 1413 he received in addition the Hospital of Ruthven, valued at £30 yearly.4 He was provided to the Bishopric of Moray on 3 April 1422, and it was apparently he who received payments for going to Rome and undertaking a special mission there in 1429 or later.5 He died at Spynie, it is said, about 1435, and was buried in the north transept of his cathedral at Elgin, where his effigy may be seen on his tomb. He is named Sir Oolumba, Bishop of Moray, in a writ by his sister, of 24 April 1438, but was probably then deceased. 4. Patrick, named fourth in writ of 1390 and in the safe- conduct. In June 1407 he received a sum of money for his father and mother. In 1410 he, ' not less skil- fully than manfully,' took the fortaliceof Fastcastle, then held by Thomas Holden, an Englishman, who, while he abode there, committed many evils in Lothian, both by sea and land.6 Douglas styles him Sir Patrick Dunbar of Bele, but the latter was his uncle. 5. John, named fifth in the writ of 1390, and then appa- rently the youngest. He is also named fifth in the safe-conduct, but his later career has not been ascer- tained. Perhaps he died young. 1 Exch. Rolls, iv. 143, 147, 163, 178, 197, 251, 278, 293. 2 Col. Doc. Scot., iv. No. 628. 3 Reg. Mag. Sig., 31 March 1432. 4 Papal Registers, Petitions, i. 601, 602, 614. 5 Exch. Rolls, iv. pp. cxii, 677, 682. He had a safe-conduct in December 1433 to go to the Roman Court, and on 10 May following to attend the General Council at Basle ; Rotuli Scotice, ii. 284, 286. M. Brady, Episcopal Succession, i. 135. 6 Fordun, ii. 444. DUNBAR, EARL OF DUNBAR 275 6. Sir David, not named in writ of 1390, but named sixth in the safe-conduct of 1402. Some time before his father's death he had a grant of the lands of Cockburn and Brigham, in Berwickshire, the latter for life only.1 It was probably he who, in May 1421, was sent a prisoner to the Tower. On 20 February 1437, when King James i. was attacked by his murderers, Sir David rushed to the King's assist- ance, but was wounded and disabled. He was still alive in 1443.2 He had issue, and Margaret Dunbar, his heiress (either his daughter or granddaughter) carried the lands of Cockburn and Brigham to her husband Alexander, fourth Earl of Crawford. 7. Elizabeth,3 betrothed in 1395 to David, Earl of Carrick, who, before 1396, married, and afterwards repudiated her about the year 1400 as stated.4 At a later date she held the lands of Mordington, in Berwickshire. On 23 November 1411, Robert Clerkson, master of the Hospital of St. Leonard near Perth, renounced it and all his rights in favour of Dame Elizabeth Dunbar, that she may be governor of the hospital, which in time past had been governed by women.5 It is said the hospital was suppressed by King James i., but it was not until a year after his death that, on 24 April 1438, Dame Elizabeth resigned all her right to the hospital into the hands of Henry Wardlaw, Bishop of St. Andrews, in favour of the Prior and brethren of the Charterhouse of the Vale of Virtue beside Perth. She also delivered up to them all charters and evidents, the prior and convent receiving as brothers and sisters, to their prayers for ever, the bodies and souls, both quick and dead, of, among others, Sir George, Earl of March, Christian, his spouse, Eliza- 1 Reg. Mag. Sig., 7 February 1425-26. 2 Laing Charters, No. 122. For seal, see Scottish A rmorial Seals, No. 799. 3 Another daughter, Janet, who is not named either in the safe-conduct or in the above writ, is said to have married Sir John Seton. It was not he but his son William who married a Janet, though the evidence for her being a Dunbar is not con- clusive. A discharge, 3 March 1413-14, by George Dunbar, son and heir of the Earl, to Sir John Seton, for £300 Scots, tocher of his sister Jonet, is referred to in the Family of Seton, ii. ; Exch. Rolls, iv. 602. The form of the discharge suggests that a Dunbar was marrying a Seton. 4 See note, p. 279 infra. 5 General Button's Collections, vii. 41. 276 DUNBAB, EARL OF DUNBAR beth Dunbar, their daughter (the granter), Sir George of Dunbar, Earl of March, their son, Sir Oolumba of Dunbar, Bishop of Moray, Sir Gavin of Dunbar, Patrick of Dunbar, John of Dunbar, Sir * Davy ' of Dunbar, brothers.1 The Earl had also a natural son, Nicholas, for whom in 1394, the Pope was petitioned for a dis- pensation that he might be ordained, but apparently he did not adopt the clerical office, as in 1421 he was a prisoner in the Tower with his brother Sir David, and is then described as ' Esquire.1 2 XI. GEORGE, eleventh and last of the Earls of Dunbar, is first named in 1385, when he was in command of the garrison of Cockburnspath, and was permitted to buy victual in England. On 27 March 1390, King Robert n. granted to him all wards and reliefs, and his own marriage when it should happen, due from the earldom of March and the lordship of Annandale. Failing the ward, etc., of George himself, the King granted the same to his other brothers living, as the order of their age required, to Wawan (or Gavin), Colin, Patrick, or John.3 In March 1399, he had a safe-conduct to go ' beyond seas,' but he is included with the other members of his family in August 1400, when they left Scotland. Passing by some minor notices of him, it is not clear when he succeeded his father, but he was cer- tainly Earl 31 March 1423, and later, when he is named as such in several charters relating to the barony of Tibbers and other lands.4 It is probably he who, after a long inter- val of silence, is named in the English records, on 17 February 1423, as a commissioner to treat of the libera- tion of King James I., and he continues to be named in connection with the King's release. His eldest son was also for some time a hostage.5 He was one of those who, 1 Original dated at St. Andrews ; from autotype in possession of Sir Archibald Hamilton Dunbar, Bart. In addition to the granter's own family, prayers are to be made for Henry of Wardlaw (perhaps the bishop), Henry of Wardlaw of Spot, William of Wardlaw, his brother, Margaret and Jonet, his sisters, also for Jonet of Wardlaw, daughter of the late Henry Wardlaw of Spot. 2 Papal Registers, Petitions, i. 614 ; Cal. Doc. Scot., iv. No. 906. 3 Reg. Mag. Sig., folio vol. 180, No. 9. 4 Fif- teenth Rep. Hist. MSS. Com., App. viii. 33; Reg. House Charters, Nos. 260, 263-266. 5 Rotuli Scotice, ii. 234-245, passim. DUNBAR, EARL OF DUNBAR 277 under the King's presidency, tried and condemned the Regent Murdac, Duke of Albany, and his family to death. He himself seems to have lived peacefully and loyally, and taken little part in public life; but in 1433, according to Bower, in pursuance of the King's policy of enriching the Crown at the expense of the greater nobles, he was warded in Edinburgh Castle, and his castle of Dunbar was seized. In the following year Parliament declared his earldom and estates to be forfeited to the Crown, but the reasons for this are not given in any extant record, though Bower, who gives the date of the Parliament as 7 August 1434, says it was on account of his father's misdeeds.1 The Ear] submitted quietly to his deprivation, and henceforth resided on his estate of Kilconquhar, in Fife, which being held of the Bishop of St. Andrews, was not affected by the for- feiture. He is henceforth referred to as Sir George Dunbar of Kilconquhar, and survived until 4 August 1455, 2 when he was residing at Kilconquhar, but probably died not long after that date. His seal, which he used even after his forfeiture, shows a shield bearing a lion rampant within a bordure charged with eight roses.3 Crest, On a tilting helmet with capeline and coronet, a horse's head bridled. Supporters, Two lions sejant guardant with a tree behind each. Legend, ' SIGIL- LTJM GEORGII DE DUNBAR, COMITIS MARCHIE.' He married a lady named Beatrix, otherwise unknown, who died before 1421, when he had a dispensation to marry Alicia, daughter of Sir William Hay of Yester, though it is doubtful if this marriage took place.4 His issue were :— 1. Patrick, who was a hostage for King James i., but re- turned to Scotland in 1427. He married a lady named Elizabeth Sinclair, and predeceased his father between Martinmas 1453 and July 1454.5 His widow survived for some years. He appears to have left a son, Patrick (2), who married Christian Home, and had issue, 1 Fordun a Goodall, ii. 500; cf. Ada Part. Scot., ii. 23, 11 January 1434- 35. He is, however, styled Earl of March in safe-conducts of 30 October and 18 December 1435, Rotuli Scotice, ii. 293. Bower states he was belted Earl of Buchan, and had a pension from his own earldom, but no corrobo- rative evidence has been found. 2 Original Charter to Thomas Chalmers, penes Fraser Trustees. 3 Scottish Armorial Seals, No. 798. 4 Andrew Stuart's Genealogical Hist, of Stewarts, 452. 6 Exch. Rolls, v. 644. 278 DUNBAR, EARL OP DUNBAR Patrick (3), who married, first, before 21 June 1474, Janet Dunbar, daughter of Patrick Dunbar of Cumnock and Mochrum,1 and, secondly, before 1498, Isabella Dishington, widow of Alexander Abercromby of that Ilk and Murthly.2 He had two sons, the eldest being Patrick (4),3 who married, about 1501, Christian M'Dowell of Garthland,4 and feU at Flodden in 1513,5 predeceasing his father, who died before 1516, and was succeeded by a grandson Patrick (5). The latter, who is referred to as sixth of Kilconquhar, married Margaret Gordon, who survived him.6 He died about 1549, leaving a son Andrew, who succeeded in or before 1550, and four daughters. Andrew Dunbar married Eupheme Wemyss, probably daughter of Sir John Wemyss of that Ilk, and afterwards, in 1568, wife of David Carnegie of Col- luthie.7 Andrew Dunbar died without issue in 1564, or before February 1564-65,8 and his four sisters, Janet, Elizabeth, Margaret, and Alison were his heiresses. Janet married William Mundale, and in his lifetime she married William Adair in Altoun ; issue, a daughter Christian. Elizabeth died unmarried. Both she and Janet died before September 1566.9 Margaret, married William Macdowal of Freugh, and John Macdowal of Freugh is, in February 1581-82, de- scribed as her son and heir.10 Her other husbands were John Vaus, John Wemyss, son of David Wemyss of Clary- law,11 from whom she was divorced, marrying, lastly, John Giffart in Gorme. About 1574 Margaret disposed of Kilcon- quhar to Sir John Bellenden of Auchnoull. 12 She died before 1581-82. The fourth daughter, Alison, married David McCul- loch of Drouchtag, and was alive in 1576, when she agreed with Sir John Dunbar of Mochrumpark for a sale of her half of Mochrum loch and Kilconquhar.13 2. George, who is named as a witness in one of his father's charters, with his two brothers, on 1 Nov- ember 1423.u He styles himself second son of George, Earl of March, in writs by himself for infefting his kinsman Hugh de Spensa, or Spens, in the lands of Ohirnside, co. Berwick, on 8 April and 15 November 1431.15 3. Archibald, named in above charter of 1423, along with his brothers. He had a charter from his father on 8 March 1425-26 of the lands of Wester Spot near Dunbar.16 He may be the Archibald of Dunbar who 1 Reg. Mag. Sig., at date. 2 Acta Dom. Cone., vii. 212 ; viii. 14. 3 The second son was David, who was tutor to his nephew (Patrick, 5) in 1516. 4 Acta Dom. Cone., x. 73 ; xx. 27. * Ibid., xxvi. 20. 6 Acts and Decreets, vii. 216. 7 Fraser's Wemyss Book, i. 184 and note. 8 Reg. of Deeds, viii. 30. 9 Ibid., ix. 404. 10 Ibid., xx (1) f. 588. u Ibid., viii. 241. 12 Ibid., xiii. 236, 237. 13 Ibid. , xv. 169. 14 Reg. Ho. Charters, No. 260. 15 Twelfth Rep. Hist. MSS. Com., App. ix. 114. 16 Book of Carlaverock, ii. 428. DUNBAB, EARL OP DUNBAR 279 seized, in 1448, the castle of Hailes, and surrendered it to James, Master of Douglas, in revenge, it is said, because Dunbar Castle was then in the keeping of the younger Hepburn, whom Archibald bound and placed in a dungeon, thereafter taking possession of Hailes.1 An Archibald Dunbar, probably the same, held the lands of Little Spot from the Crown from 1452-67.2 He had also the lands of Balbuthie in Fife. 4. Marjorie, who married John, afterwards Sir John Swinton of that Ilk, about February 1423-24. They had issue one son. Sir John was killed at Verneuil, 17 August 1424. Marjorie is said to have died shortly after the marriage, but she was alive in April 1433, before which date she had become wife of Lucas Stirling of Keir.3 5. Euphemia, who received a pension from King James ii., continued by James in. from about 1453 till 1474, when it ceased at her death. She appears to have been the wife of a George Graham.4 ARMS. — These have been specified in detail above. [J. A.] 1 Douglas Book, i. 478, note 3. 2 Exch. Rolls, v. vi. vii. Indices. 3 Swinton Charters in Gen. Reg. Ho., Nos. 20, 32. This marriage of Luke Stirling is not recorded in Eraser's Stirlings of Keir. 4 Exch. Rolls, v. vi. vii. viii. Indices. NOTE, page 275.— On 28 August 1395 Pope Benedict xm. (Antipope) ordered a dispensation to be granted to David, Earl of Carrick (afterwards Duke of Rothesay), firstborn of Robert, King of Scotland, and Elizabeth, daughter of George, Earl of March, who, knowing themselves to be in the third degree of consanguinity had contracted espousals per verba de futuro, the King's consent being first obtained (Regesta Avinionensia, 280, f. 3236). On 11 March 1396-97 a commission was issued by the same Pope to grant dispensation to the same persons, who had married without banns, copula subsecuta (Ibid., 303, f. 4896). This seems to show that the prince and Elizabeth Dunbar were married, and not only betrothed. The insult to the Earl of March and his family by the Prince's repudiation of Elizabeth was thus much greater than has hitherto been stated. HOME, EARL OF DUNBAR AVID HOME, younger of Wedderburn, son of a Sir David, died vita pat- ris before 1450. (See title Marchmont.) By his wife Elizabeth Oarmichael he had, with other issue, a son, GEORGE HOME, men- tioned in the remainder to the lands of Wedder- burn in a charter to his grandfather Sir David Home and his wife Alicia 16 May 1450.1 He was served heir to his grand- father in these lands 12 May 1469,2 and died in 1497,3 being, it is said, slain by the English 18 May of that year/ He married Mariota, daughter and co-heir of Sir John St. Olair of Herdmanston; she had sasine of the lands of Kimmerghame 10 November 1475, her other sister Mar- garet, who married George Home's brother Patrick, getting the lands of Polwarth. Mariota St. Olair survived her husband, and was married, secondly, to George Ker of Samuelston.5 George Home had by his wife two sons and two daughters : — 1. DAVID. 2. John. 3. Isabella, married to Patrick Cockburn of East Borth- wick, tutor of Langton. lReg.Mag.Sig. 2 Marchmont Peerage Case, 69. 3 Ibid., 72. 4 Douglas. 5 Acta Dom. Cone., ix. 95. HOME, EARL OF DUNBAR 281 4. Katherine, married to James Edmondstoun of Ednam.1 The Lady Wedderburn is called his ' gudmother.' 2 DAVID HOME had a charter as son and heir-apparent of his father of the lands of Wedderburn 7 November 1474,* rand was served heir to him in the lands of Kimmerghame ;8 June 1499.4 As Sir David he witnessed a charter 3 March 1502-3 ; he had a charter of the third part of Brig- hamschelis and others 12 February 1505-6 ; 5 another to himself and his wife of the lands of Polwarth 1 December 1506 ; 6 and another of the lands of Jardinefleld in Berwick- shire 23 December 1510.7 Sir David was killed at Flodden 9 September 1513. He married Isobel, daughter of David Hoppringil of Smailholm, and had by her seven sons, known ;as ' the seven spears of Wedderburn,' besides another son (a Churchman) and three daughters : — 1. George, fell at Flodden. 2. David, who succeeded to Wedderburn. 3. ALEXANDER of Manderston, of whom presently. 4. John, who married, in 1518, Beatrix, eldest daughter and co-heir of Robert Blackader of that Ilk, and through her obtained the lands of Easter Blackader. 5. Robert, who married Margaret Blackader, the other sister, and got the remainder of the Blackader lands. 6. Mr. Andrew. He had a charter from James Stewart, Abbot of Dryburgh, of the Kirklands of Lauder 8 May 1536,8 and was styled parson and pensioner of Lauder.9 7. Bartholomew of Simprin. 8. Patrick, mentioned in the remainder of the last-men- tioned charter. 9. Margaret, married, 1523, to John Swinton of that Ilk. 10. Isobel, contracted to John Swinton of that Ilk, who afterwards married her sister.10 She was married to William Cockburn of that Ilk before 30 December 1 Reg. Mag. Sig.^ 25 November 1496. 2 Acta JDom. Cone., xxiv. 43. 3 Reg. Mag. Sig. 4 Marchmont Peerage Case. 5 Reg. Mag. Sig. 6 Ibid. 7 Ibid. 8 Confirmed 15 April 1541, Beg. Mag. Sig. 9 Acts and Decreets, xxvi. 139. 10 Protocol Book of James Young, Edinburgh City Chambers, 10 June 1506. 282 HOME, EARL OF DUNBAR 1530, when she renounced her conjunct fee of part of the Swinton estate.1 11. Mariota, married to James Towers of Inverleith. ALEXANDER HOME, the third son of Sir David, got a charter to himself and his wife of the lands of Hielaws and others from John Stewart, Oommendator of Colding- ham, 8 April 1547, confirmed to their son Alexander 12 June 1591. 2 The lands of Manderston had, on the forfeiture of Alexander, Lord Home, been divided, one-half being granted to Philip Nisbet of that Ilk, and the other to Sir David Home of Wedderburn.3 These were acquired by his son Alexander, probably as a gift from his father. Alex- ander Home was dead before May 1565 ; his wife's name was Barbara, and he had by her issue : — 1. ALEXANDER. 2. Patrick, who ultimately acquired the lands of Renton through his marriage in 1558 with Janet, daughter and heiress of David Ellem of Renton. His son and heir was : — (1) Alexander Home of Renton. He married, in 1601, Margaret Cockburn.4 She was after his death, and before 11 May 1624, married to Sir William Graham of Braco.5 Alexander Home left a son, i. Sir John of Renton, a Lord of Session and Lord Justice- Clerk. He married,first (contract 15 February 1621-22),6 Janet, daughter of Sir George Home of Manderston ; secondly, Margaret, daughter of the Hon. John Stewart, Commendator of Coldingham, and died in July 1671. He had three sons :— (i) Sir Alexander Home of Renton, created a Baronet between 1672 and 1678 ; married (con- tract 27 April 1678) 7 Margaret, daughter of Sir William Scott of Clerkington. His male issue became extinct in 1788. (ii) Sir Patrick Home of Lumsden, created a Baronet 31 December 1697; married Jean, daughter of Sir William Dalmahoy of Ravel- rig. His male issue became extinct in the person of his grandson in 1783. (iii) Mr. Charles, designed third lawful son of the late Sir John Home of Renton in an action about his share of his father's estate.8 1 Swinton Charters. 2 Reg.Mag.Sig. 3 Ibid., 2 May 1517. 4 Ibid., 11 July 1601. 5 Laing Charters, 1958. 6 Reg. of Deeds, cccliv. 236. 7 Reg. May. Sig., Ixxv. 37. 8 Gen. Reg. Inhib., 28 Nov. 1674. HOME, EARL OF DUNBAR 283 Sir John had also a natural son, Mr. Henry Home, appointed Commissary of Lauder 23 May 1661. l He acquired the lands of Kames as below, and died June 1690. He married (contract 29 August 1671) Christian Fletcher, eldest daughter of David, Bishop of Argyll, and left issue.2 ii. George Home of Kames, designed in 1646 brother- german of John Home of Renton, and afterwards described as of Kames.3 He married Margaret Home,4 and died between 1676 and 1679 without issue, his nephew Sir Alexander being his heir, from whom the lands of Kames and others were adjudicated in 1680 to Mr. Henry Home, designed official of Lauder.5 3. John, * the King's Master Hunter.' 6 On 4 June 1593 he acquired from Alexander, Lord Home, the lands of Tynness, co. Selkirk,7 which he sold to James Pringle, apparent qf Buckholm, 20 July 1600.8 His testament was confirmed 26 July 1605.9 4. George, witnessed a charter of the lands of Slegden to his brother Alexander, 14 February 1555-56.10 5. Agnes, married to Patrick Home of Polwarth.11 ALEXANDER HOME of Manderston had a charter of the lauds of Whitsum 3 February 1568-69, and another from the Bishop of Brechin of the lands of Stracathro, co. Forfar, 29 November 1569.12 On 8 February 1573-74 he had a charter of the lands of Manderston, on the forfeiture of the Earl of Home (probably the portion which did not previously belong to him). This was the same day on which his son was made Oommendator of Ooldingham. On 28 February 1578-79 he had a charter from Elizabeth Hoppringil, Prioress of Ooldingham, of the lands of Snuke to himself in liferent, and his son Alexander in fee.13 On 16 December 1581 he and his wife got a charter of Easter Spott, on the forfeiture of James Douglas, Commendator of Pluscarden, a natural sou of the Regent Morton, who married Anna, only daughter of George Home, fiar of Spott.14 He married (con- 1 Reg. of Privy Seal, i. 53, where he is formally designed « sone naturall of John Home of Rentoun.' 2 Lauder Tests., 28 Nov. 1693. 3 Laing Charters, 2371, 2722. 4 Gen. Reg. Sas., 3rd ser., xxxvii., cf. 197. 6 Reg. Mag. Sig., P.R. x. No. 215. 6 P. C. Reg.,iv. 613. * Reg. Mag. Sig., 27 July 1594. 8 Ibid., 26 September 1605. 9 Edin. Tests. 10 Reg. Mag. Sig., 30 April 1556. » Douglas. 12 Confirmed 29 April 1574, Reg. Mag. Sig. 13 Confirmed 28 October 1582, ibid. 14 Ibid., 24 February 1577-78. 284 HOME, EARL OF DUNBAB, tract 6 June 1552) Jean, daughter of George Home of Spott.1 Both Alexander and his wife were dead before 25 December 1593. They had issue : — 1. Alexander. He was appointed Oommendator of Col- dingharn 8 February 1573-74,2 and was, until he suc- ceeded to Manderston, known as Sir Alexander Home of Snuke, of which lands he had the fee under the charter of 1578 above mentioned. He married (con- tract 12 December 1579) 3 Christian, daughter of Sir Alexander Erskine of Gogar. Sir Alexander was alive May 1608, and died before 3 August 1610.4 His wife survived him, and her testament was recorded 16 December 1614.5 They had issue : — (1) George, who married, first, Isobel or Elizabeth Home ; she was alive May 1608, and died before 3 August 1610.6 He married, secondly, in the Kirk of Holyrood, 4 September 1610,7 Helen, daughter of Sir John Arnot of Berswick, Provost of Edinburgh. On 6 August 1634 the Lord Advocate certified to the King that the dignity of Earl of Dunbar 'lawfully descended' to him (apparently after failure of heirs-male of his uncle John) as collateral male heir of his uncle George (of whom later), and that on his decease it would devolve upon Sir Alexander Home, his son.8 He was still alive in 1637. By his first wife George Home had :— i. Sir Alexander, styled 'eldest son and heir-apparent' of Sir George, 27 March 1616, when he was about to be married. He was a Gentleman of the King's Privy Chamber.9 On 6 May 1651 King Charles n. confirmed to him, then Master of the Household to the Princess of Orange, the earldom of Dunbar.10 He married, about December 1616, Margaret, daughter of Isaac Morieson, merchant, Edinburgh.11 He died s. p. m. 1675, and his brother's son, Alexander, was his executor.12 ii. George, who had a charter of certain lands erected into the barony of Hyndlawhill 15 September 1635. 13 He married, and to his issue their uncle Alexander was served tutor, as nearest agnate, 10 September 1663. 14 His testament-dative was granted to his son Alex- ander on 12 January 1702. 15 He had issue : — (i) Alexander, served heir to his father 24 Septem- 1 Confirmed 25 December 1593. 2 Reg. Mag. Sig. 3 Acts and Decreets, Ixxvi. 406. * Reg. of Deeds, cxlvii. 258, clxxvii. 291. 6 Edin. Tests. 6 Reg. of Deeds, cxlvii. 258, clxxvii. 291. 7 Canongate Register, where he is by mistake called Sir Alexander. 8 Warrant Book, Scotland, Public Record Office, xiv. 189. 9 Reg. Mag. Sig., 20 July 1628. 10 Warrant Book, Scot- land, xiv. 189. 11 Reg. Mag. Sig., 29 March 1621. 12 Warrant Book, ut sup. ; Edin. Tests., 22 January 1702. 13 Reg. Mag. Sig. u Inquis. de Tutela, 893. 16 Edin. Tests. HOME, EARL OP DUNBAR 285 ber 1663 ; entered the service of the States of Holland, and was captain of Foot there. He had a sasine to Captain Alexander Home, son and heir of the deceased Sir George Home, second lawful son of the deceased Sir George Home of Manderston, of an annualrent of £240 from the lands of Buchtrig and others on 24 August 1678. l By royal warrant of 14 October 1689, 2 William and Mary, in terms of the certificate of 1634, and a grant of 6 August 1651, admitted his right to the title of Dunbar, as nephew and heir-male of Sir Alexander Home, (ii) George, mentioned in retour of 10 September 1663.3 (iii) Albert. (iv) Machtilla. (v) Marcia. All named in same retour. iii. Janet, married to John Home of Renton in 1622. By his second marriage with Helen Arnot Sir George had :— iv. John, described as ' eldest son ' (of that marriage) in a Charter of 14 July 1614, 4 by which he got from his grandfather, Sir John Arnot, the lands of Crumstane, with a liferent to his parents. He was a Knight by 1647, when he was on the Committee of War for Berwickshire.5 As Sir John Home of Crumstane he was served heir of his mother, Dame Helen Arnot, in a tenement of land in Eyemouth 20 October 1654. 6 v. David. vi. William, who engaged in the King's service in the Civil Wars under the Earl of Newcastle, for which he was forfeited in 1645, but restored in 1647.7 vii. Anna.8 2. David of Cranshaws, also styled of Forest of Dye and of St. Leonard's. On 3 February 1568-69 he had a charter of certain lands in Lauder, with remainder to his brother Alexander,9 and on 9 December 1581 he had a charter of the lands of Dye.10 He was killed in a quarrel 1584.11 He married Katherine, eldest daughter of Robert Lauder of Bass, and relict of John Swinton of that Ilk ; she survived him, and was mar- ried, thirdly, to George Home of Broxmouth, and died 1604.12 He had a son :— (1) John, to whom John Home, his uncle, was served tutor 6 April 1585. 13 1 Gen. Beg. Sas., 3rd ser., xli. f. 170. * Warrant Book, Scotland, xiv. 189. 3 Inquis. de Tutela, 893. 4 Confirmed 20 May 1615, Reg. Mag. Sig. 6 Acta Parl. Scot., vi. pt. ii. 813. e Retours, Berwick, 294. 7 Acta Parl. Scot., vi. pt. i., 313-317, 798. 8 Hist. MSS. Com., Milne Home Rep., 246. 9 Reg. Mag. Sig. 10 Ibid. n Ibid., 19 May 1585. 12 Acts and Deoreets, clxxxvi. 289 ; Edin. Tests. 13 Reg. Ho. Cal., No. 2785. 286 HOME, EARL OF DUNBAR 3. John of Slegden, served tutor to his nephew, as stated above, 6 April 1585. He was infeft as heir to his brother the Earl of Dunbar in 1611. 1 It is probable that though George the Earl is sometimes mentioned before him in lists of the family, Douglas is right in making John elder brother and heir of conquest. The warrant of 1689, narrating a grant of 1651, states that the title lawfully descended to John, but that the Earl having devised his whole estate to his heirs- female, John, conceiving his fortune too mean, for- bore to assume the dignity, and died without issue.2 He was alive 23 August 1628, and had a daughter Nicolas, married to Robert Dickson of Stanefauld.3 4. GEORGE, of whom presently, as Earl of Dunbar. 5. James4 of Steill. He died before 1622, leaving a son, John, who on 12 September 1622 assigned a tack to which he had right as heir-male general retoured to George, Earl of Dunbar, his father having been the Earl's immediate younger brother ; the Court of Session upheld this in 1625.5 6. William,' styled of Quhytlaw.7 He married Mary Quhytlaw, youngest of the three co-heirs of Quhyt- law, was knighted, and died in or before 1616, leav- ing an only daughter Jean, married to William Hamilton of Samuelston.8 1. Janet, married (contract 28 July 1574) 9 to John Oock- burn of Ormiston, afterwards Lord Justice-Clerk.10 8. Alison, married, contract 26 and 29 August 1590, to Alexander Hamilton of Innerwick, without issue. She died February 1591-92.11 GEORGE HOME, third son of Sir Alexander, is first met with under the designation ' of Primroknow.' Having been early brought to Court, he soon acquired considerable in- fluence there. In 1589 he accompanied King James vi. to Denmark to bring home the royal bride. He was knighted 4 November 1590.12 On 30 January 1590-91 he had a charter 1 Douglas. 2 Warrant Book, Scotland, xiv. 189, i.e. without male issue. 3 Reg. of Deeds, ccccix. 144. 4 P. C. Reg., iv. 613. 6 Acts and Decreets, ccclxxxviii. 300. 6 Ibid., Reg. of Deeds, xxxvii. 246. 7 Reg. of Deeds, lii. 30 June 1596. 8 Retours, Haddington. 9 Reg. of Deeds, xiii. 254. 10 Reg. Mag. Sig., 20 July 1585. » Reg. of Deeds, xlvi. 73 ; Edin. Tests. 12 Moysie's Memoirs, 85. HOME, EARL OF DUNBAR 287 of the lands of Horsley, co. Berwick, and on 11 June 1592 another of the lands of Easter Spott and others, and he thenceforward was known for some time as * of Spott.' l Many other possessions were granted to him from time to time. Meanwhile he continued his successful career at Court ; he appears as Sheriff of Berwick in 1599 ; 2 as Master of the King's Wardrobe in 1601,3 from which office we are told he ' did quietly shoot out William Keith.' 4 He was also one of the componitors in the Treasury,5 and Provost of Dunbar 6 the same year, and on 1 October was appointed Treasurer on the resignation of the Master of Elphinston. In 1603 he accompanied the King to England, was ap- pointed one of the English Privy Council, and received on 1 June 1603 a grant as Keeper of the Great Wardrobe for life.7 On 27 September in the same year he had a charter of the Castle of Norham, and on 12 December another of the custody and captaincy of the Castle of St. Andrews.8 He had besides charters of other lands. On 7 July 1604 he was created BARON HOME OF BERWICK, with re- mainder to his heirs for ever, and with the addition of a clause enabling him to nominate any kinsman or relation 4 to have and hold the same dignity to him and his heirs.' This power, however, he never exercised. On 3 July 1605 he was created EARL OF DUNBAR with remainder to his heirs-male. On 1 July in the following year, under the designation of * primarius thesaurarius Scotie et in Anglia scaccarii cancellarius,' he got a confirmation of all his lands, which were at the same time incorporated into a free earldom, lordship of Parliament, and barony of Dunbar.9 In 1606, while acting as sole commissioner for the Borders, he hanged over a hundred and forty of the nimblest and most powerful thieves in all the Borders.10 On 20 May 1608 he was made a Knight of the Garter,11 and on 21 December following had a charter of the lands of Brox- mouth, co. Haddington.12 He was a member of the re- constituted Privy Council of Scotland in 1609, and on 15 January 1610 he had a charter of the lands of Smailholme, 1 Reg. Mag. Sig. 2 P. C. Reg., vi. 57. 3 Ibid., 276. 4 Sir James Melville's Memoirs, 363. 6 P. C. Reg., vi. 276. 6 Ibid., 282. 7 Cat. State Papers, Dom., 1603-10, p. 13. 8 Reg. Mag. Sig. 9 Ibid. 10 Balfour's Annals, i. 17. n Ibid., ii. 25. 12 Confirmed 11 June 1609, Req. Maq Sig. 288 HOME, EARL OF DUNBAR co. Dumfries, and other lands, with the hereditary keeper- ship of the Oastle of Lochmaben, and the office of Steward of Annandale, all which were incorporated into the free barony of Lochmaben.1 A few days after he got the keepership of the Palace of Holyrood House. He was the King's commissioner to the General Assembly in Glasgow in 1610, which, largely through the influence of his bribes, re-established Episcopacy in Scotland. From there he re- turned to London and died, somewhat suddenly, at White- hall, not, it has been said, but probably mistakenly, without suspicion of poison, 20 January 1611. On Lord Dunbar's political career it is not necessary to enter. He was a loyal if unscrupulous servant of the Grown. He chiefly resided in London, and was indeed the principal Scottish minister at the English Court, and was consulted by the King in all Scottish measures. He was one of the most prominent agents in carrying out James's ecclesiastical policy, and made his influence most strongly felt in all the affairs of his country. ' A man of deep wit, few words, and in His Majesty's service no less faithful than fortunate : the most difficult affairs he compassed without any noise, and never returned when he was em- ployed without the work performed that he was sent to do.'2 His death produced profound emotion in Scotland. 'It was as if a great tree had suddenly fallen, and men stood gazing at the wide rupture that had been left by its roots.'3 The Earl of Dunbar married Elizabeth, only child of George Gordon of Gight, by his wife Agnes, a natural daughter of Cardinal Beaton. They had two daughters : — 1. Anne, married to Sir James Home of Coldingknowes, from whom descends the present Earl of Home. (See that title.) 2. Elizabeth, married, March 1612, to Theophilus Howard, second Earl of Suffolk and Lord Howard de Walden. She died 19 August, and was buried 25 September 1633, at Walden. The dignity was acknowledged by the Crown to have descended in the manner previously narrated, but none of 1 Confirmed, 11 June 1609, Reg. Mag. Sig. 2 Spottiswood. 3 P. C. Reg., ix. pref. x. HOME, EARL OF DUNBAR 289 the persons said to be in right of it ever appear to have assumed the title. CREATION. — Baron Home of Berwick 7 July 1604, Earl of Dunbar 3 July 1605. ARMS.1 (On Garter stall plate in St. George's, Windsor, and above tomb in Dunbar Parish Church.) — Quarterly : 1st and 4th, Vert, a lion rampant argent, for Home ; 2nd, Argent, three papingoes vert, beaked and membered gules, for Pepdie; 3rd, Argent, three escutcheons vert, for Home of Broxmouth; on an escutcheon surtout, Gules, a lion rampant argent within a bordure of the second charged with eight roses of the first.2 CREST. — A lion rampant argent ducally gorged or, SUPPORTERS.— Two lions argent, that on the sinister ducally gorged or. MOTTO. — Rex Divat Deus beat. [j. B. P.] 1 From Certificate at College of Arms. 2 In the blazon of the Garter plate in the College of Arms the bordure is not charged with roses. Nisbet, however, gives it as* in the text, and it is the more probable blazon. VOL. III. CONSTABLE, VISCOUNT DUNBAR IR JOHN CONSTABLE1 of Burton Constable, co. York, Knight, eldest son and heir of Ralph Con- stable of Burton Con- stable, and of Halsham in the same county, Esquire, by his first wife, Anne, daughter and co-heir of Robert Eure, was aged eighteen years, seven months and upwards on 21 May 1498,2 and must in consequence have been born about October 1479. As Sir John Constable of Holderness, he was among the knights of the sword dubbed at the creation of Prince Henry (Henry vin.) 18 February 1503-4.3 Sheriff of York- shire 1511-12, 1524-25, 1528-29, and 1533-34. He died in 1537. Married, first, Agnes, daughter of Sir Thomas Metham of Metham, co. York, by Elizabeth, daughter of Sir Robert Constable of Flamborough, by whom he had issue : — 1. SIR JOHN CONSTABLE, his son and heir. 2. Ralph, who received from King Edward vi. a grant of the site of the dissolved hospital of St. Sepulchre's 1 The writer has to acknowledge his obligations to Mr. J. W. Clay's pedigree of this family in 'Dugdale's Visitation of Yorkshire, with Additions,' Genealogist, New Series, xx. 175-181 ; he has also to thank Mr. Clay for the loan of transcripts of several wills proved at York. 2 I. P. M. to his father Ralph Constable, C. vol. 12, No. 87, and E. file 216, No. 10. 3 Metcalfe's Book of Knights. CONSTABLE, VISCOUNT DUNBAR 291 in Newton juxta Hedon,1 and was also of Woodhouse Grange in Swine, and the Charterhouse in Preston, all in co. York. Died 4 April 1568. I. P. M. taken at Drypool in the same county, 27 May 1569.2 Married, first, Eleanor, daughter and heir of Ezekias Clifton, by whom he had two daughters : — 1) Eleanor, married to Thomas Alured of Charterhouse. Jane, married to Thomas Thornton of Hull. He married, secondly, Anne, daughter of Sir Walter Strickland, Knight (she was married, secondly, to Edward Holme or Holmes), by whom he had issue : — (3) Michael of St. Sepulchre's, aged nineteen years and upwards at death of his father 4 April 1568, and so born about 1549. Signed the pedigree of his family in the visitation of York- shire 1584. Died 29 November 1612, buried at Preston, co. York. Will dated 18 August 1600, proved at York 1 May 1613.3 Married, first, Sybil, daughter of William Hilton, who was buried at Preston, and by whom he had issue : — i. Henry of St. Sepulchre's, aged nine at the visitation of Yorkshire 1584, and so born about 1575. Died 13 April 1614. Admon. at York 10 May following. I. P.M. taken at Hedon, co. York, 26 August 1614.4 Married Mary, daughter of Tyrwhit, and had issue : — (i) Michael of St.Sepulchre's, aged eight years, seven months, and eight days at death of his father 13 April 1614, and so born 5 September 1605. Died before 28 February 1653-54. Married Jane, daughter of Sir George Throckmorton, of London, Knight, and widow of Richard Etherington of Newton Garth, in Holderness. She was living 28 February 1653-54. By her he had (with daughters 5) two sons :— a. Michael of Newton Garth, who died un- married, and was buried at Preston, co. York, 11 February 1653-54. Admon. of his goods granted P. C. C., to his mother, 28 February following. 6. George.6 (ii) Mary, married to Leonard Robinson of New- ton Garth. 1 I. P. M. to his grandson Henry Constable, C. vol. 344, No. 40. 2 C. vol. 151, No. 42. 3 Reg. Test., xxxii. 390. 4 C. vol. 344, No. 40. « These daughters received small legacies under the will of John, second Viscount Dunbar, 15 December 1667. 6 He is said in Poulson's History of Holder- ness to have died s. p. 1653, but has probably been confused with his brother Michael. 292 CONSTABLE, VISCOUNT DUNBAR, ii. Anne, died 10 July 1619. Michael Constable the elder married, secondly, Marjory, daughter of John Dakins of Brandsburton, by whom (who was living 26 August 1614 l) he had issue :— iii. Katherine, died v. p. unmarried. (4) Gabriel, of Keyingham, co. York, living 18 August 1600. He had issue :— i. Ralph, mentioned in the will of his uncle, Michael Constable, 18 August 1600. 3. William, died s. p. 4. Robert of Easington, Kilnsea, and Bentley, co. York, named in the will of his brother, Sir John Constable, 2 May 1542; married Jane, daughter of Edmond Frothingham, and had issue : — (1) William of Kilnsea, living at the visitation of Yorkshire 1584; married Elizabeth, daughter of William Walleis of co. Lincoln, and had issue : — i. Sir Ralph, of Bentley, aged fifteen at the visitation of Yorkshire in 1584, and so born in or about 1569; knighted at Dublin Castle 1603 ; 2 slain at the Isle of Rhe 29 October 1627. Married Jane, daughter of Sir John Radcliffe, of Ordsall, co. Lancaster (licence to marry at Blackburn granted 1605), by whom he had a son, Robert, baptized at South Kilvington, co. York, 10 February 1610-11.3 ii. Catherine, married to Henry Stevenson. iii. Anne, married, as his third wife, to Matthew Parker, iv. Elizabeth, married to Foster. (2) Anne, married to John Lounde of Naburn. 5. Francis, named in the will of his brother, Sir John, 2 May 1542, died s. p. 6. Brian, died s. p., said to have been slain. 7. Margery, married to Brian Stapleton of Wighill (dis- pensation granted 9 December 1528). 8. Katherine, married to Sir Ralph Ellerker of Risby, but had no issue. 9. Jane, unmarried at the date of the will of her brother, Sir John, 2 May 1542. 1 See the I. P. M. to her stepson Henry Constable. 2 Metcalfe's Book of Knights. 3 Grainge's Vale of Mowbray, 272, where, however, Sir Ralph is confused with another branch of the family. CONSTABLE, VISCOUNT DUNBAB 293 Sir John Constable married, secondly, Elizabeth, daughter of Headlam, and widow of Sir John Hotham, Knight ; she died 20 June 1529. I. P. M. taken at Malton, co. York, 8 November 1530.1 By her he had issue : — 10. Anne, married, after 2 May 1542, to Brian Palmes of Naburn. 11. Elizabeth, married, after 2 May 1542, to Christopher Frothingham. Sir John married, thirdly, Eleanor, or Margaret, daughter of Lord Clifford, and widow of Sir Ninian Markenfield, but had no further issue. Admon. of her goods granted at York 16 November 1540. SIR JOHN CONSTABLE of Burton Constable and Halsham, co. York, was probably the Sir John Constable who was knighted with the 'sword at the coronation of Anne Boleyn in 1533.2 He died 4 May 1542. By his will, dated two days previously, and proved at York 20 October following, he desired to be buried at Halsham.3 I. P. M. taken at Beverley, co. York, 15 July 1542.4 Married Joan, second daughter and co-heir of Ralph Neville, of Thornton Bridge ; she was born 1500, died after 1551, 5 and was buried at Halsham.6 By her Sir John had issue :— 1. SIR JOHN CONSTABLE, his son and heir. 2. Ralph, of North Park in Burstwick, co. York. Will dated 10 November 1568, proved at York 7 October 1577.7 Married Frances, daughter of Sir William Skipwith, Knight (she was married, secondly, to Ralph Ellerker), by whom he had issue : — (1) Elizabeth, co-heir of her father, married, after 13 May 1579, to Robert Dalton of Myton. (2) Frances, co-heir of her father, died unmarried. (3) Joan, co-heir to her father, married, after 13 May 1579, to John Eastoft, ward of her uncle, Sir John Constable. (4) Margaret, died v. p. unmarried. 3. Frances, married to Sir Christopher Hildyard of Wine- stead, co. York. 1 C. vol. 51, No. 82. 2 Metcalfe's Book of Knights. 3 Reg. Test., xi. 611. This will has been printed in vol. cvi. of the Surtees Society publi- cations. * C. vol. 65, No. 61, and E. file 240, No. 12. 6 Foster's Yorkshire Pedigrees. 6 Will of her son, Sir John Constable. 7 Reg. Test., xxi. 63. 294 CONSTABLE, VISCOUNT DUNBAB SIR JOHN CONSTABLE of Kirkby Knowle, co. York, aged fifteen years, six months, and five days, 15 July 1542,1 and so born 10 January 1526-27. Knighted by the Earl of Hertford, 1544.2 Died 25 May 1579, and was buried at Halsham. Will dated 13 May 1579, proved at York 9 September 1587.3 I. P. M. taken at the Castle of York 16 October 1579.4 Married, first, Margaret, daughter of John, Lord Scrope of Bolton, by whom, who was buried at Halsham, he had issue : — 1. SIB HENRY CONSTABLE, his son and heir. 2. Joseph of Upsall, co. York ; who under his father's will had a lease of the Rectory of Wawne, lands called Ridgmonde in Holderness, and also the office of Chief Steward of the lordship of Holderness. Married Mary, daughter of Thomas Crathorne of Crathorne, co. York, by Evirilda, daughter of Sir Robert Constable of Everingham, Knight, by whom he had issue : — (1) John, of Newbuilding in Kirkby Knowle, aged six months at the visitation of Yorkshire in 1584. About February 1644-45, as a Royalist in arms, his estate was sequestrated by the Parliament.5 He died at Kirkby Knowle before 2 March 1652-53. Married Elizabeth, or Margaret, daughter of Ralph Cresswell of Nunkeeling, co. York, by whom he left three daughters and co-heirs : — i. Katherine, married to Francis Hunt. ii. Elizabeth, married to Gabriel Dayles. iii. Anne, married to Robert Apprice. (2) Joseph, said to have been an officer in the royal army, and to have been slain at Newbury or at Copready Bridge. (3) Anevilla or Averilla, baptized at South Kilvington 1 January 1589-90 ;6 married, 1610, to Thomas Smith of Egton Bridge, M.P. (4) Mary, married to William Tocketts of Tocketts. 3. Jbfttt, died v. p. unmarried. 4. Ralph, died v. p. unmarried. 1 See the I. P. M. to his father. 2 Metcalfe's Book of Knights. 3 Reg. Test., xxiii. 539. 4 C. vol. 185, No. 40. 5 State Papers, Domestic, Pro- ceedings of the Committee for compounding, G. vol. 244, 621-643. On p. 639 is the deposition of his servant John Harrison, which shows that his share in the struggle between Crown and Parliament was confined to retirement for the safety of his person to the royal garrison at Helmsley. In Grainge's Vale of Mowbray he is said to have fought atMarston Moor, and to have died in Holland of a broken heart, but the above-mentioned deposition proves that he died at Kirkby Knowle. His three daughters as sole heirs of their father, compounded for his estate in 1653 (G. vol. 92, 314, and vol. 224, 621-643), and soon after sold it. Grainge states that he also had a son Joseph and a daughter Everild, but, if so, they must have died s. p. before 1653. 6 Grainge's Vale of Mowbray. CONSTABLE, VISCOUNT DUNBAR 295 Sir John Constable married, secondly, before August 1563, Katherine, daughter of Henry (Nevill), fifth Earl of West- morland, K.G. She died at the Savoy 1591, and was buried 27 March of that year in Shoreditch Church, co. Middlesex. Her will, dated 4 August 1590, commission to administer granted in London 25 June 1591, to her sister Lady Adeline Nevill.1 By her Sir John had a son : — 5. John, died young, v. p. SIR HENRY CONSTABLE of Burton Constable, co. York, and Clerkenwell, co. Middlesex ; aged twenty-two years and upwards at the death of his father 25 May 1579,2 and so born about 1557. Knighted 1586.3 Sheriff of co. York 1586-87. Sandys, Archbishop of York, in his report to Lord Burghley concerning the Justices of the Peace of Yorkshire and Notts, under date 27 September 1587, says of him. ' He is Sheriff of Yorkshire this year; but was in commission before, and looketh to be in again. His wife is a most obsti- nate recusant, and will not be reformed by any persuasion, or yet by coertion. Her example is very hurtful.' 4 He died in London, probably at Clerkenwell, 15 December 1607, and was buried at Halsham. Admon. at York 8 April 1609. I. P. M. taken at the Castle of York 7 April 1609.5 Married after 28 February 1574-75,6 Margaret, daughter of Sir William Dormer of Eythorpe, co. Bucks, by his second wife, Dorothy Catesby. On 30 November 1597 a true bill was found against her at the Middlesex Sessions, as * the Lady Margaret, wife of Sir Henry Constable of Clarkenwell, co. Middlesex, Knight,' for not going to church, chapel, or any usual place of common prayer.7 She died between 2 January and 26 April 1637, and by her will, dated 2 January 1636-37, and proved at York 26 April 1637,8 desired to be buried at Halsham. By her Sir Henry had issue : — 1 P. C. C., 47, Sainberbe. This will appears to have been also proved at York 28 July 1591 (Reg. Test., xxiv. 649). There is mention in it of a certain ' George Cunstable of the mynories, gentleman.' 2 See the I. P. M. to his father. 3 Metcalfe's Book of Knights. 4 Strype's Annals of the Reformation, iii. pt. ii. 465. 5 C. vol. 310, No. 79. He is in this I. P. M. said to have died 15 Dec. 5 James i., which would be 1607, but 1608 is generally given as the date of his death, and there may be an error in the inquisition. 6 The date of her father's will, when she was unmarried (P. C. C., 41, Pyckering). 7 Middlesex County Records, i. 242. 8 Un- registered will, April 1637. 296 CONSTABLE, VISCOUNT DUNBAR 1. SIR HENRY CONSTABLE, created Viscount Dunbar. 2. Catherine., aged five at the visitation of Yorkshire in 1584, and so born in or about 1579 ; died in or before 1626 ; l married (licence granted 1594) to Sir Thomas Fairfax of Walton and Gilling, co. York, Knight, afterwards created Viscount Fairfax of Blmley, in the Peerage of Ireland. 3. Dorothy, died at St. Anthony's, near Newcastle, 1632 ; married to Roger, son and heir of Sir Ralph Lawson, of Burgh, co. York, who died in London v. p. before 6 September 1623, and by whom she had issue. 4. Margaret, married to Sir Edward Stanhope of Edlington and Grimston, co. York, Knight. She was buried at Kirkby Wharfe, 27 February 1662-63. 5. Mary, married, about 1613, to Sir Thomas Blakiston of Blakiston, co. Durham, Knight, who was created a Baronet 27 May 1615, and by whom she had issue two daughters. He died 1630 ; she was living at the date of her mother's will 2 January 1636-37. SIR HENRY CONSTABLE of Burton Constable ; aged nineteen years and six months at the death of his father 15 De- cember 1607, and so born in or about June 1588 ; matri- culated at Trinity College, Oxford, 9 April 1597 ; 2 knighted when in his sixteenth year, in the lifetime of his father, at the Tower of London, 14 March 1603-4.3 He was created a Peer of Scotland as VISCOUNT DUNBAR and LORD CONSTABLE, by patent dated at Newmarket 14 November 1620, to him and his heirs-male bearing the name and arms of Constable. From a letter preserved in the State Papers it appears that he was addicted to the vice of gambling, so prevalent in his day/ His conviction as a recusant was deferred by order of the King 17 April 1629.5 He is said to have died of wounds received at the siege of Scar- borough in 1645,6 and his estate was sequestrated by the 1 The Complete Peerage, under Fairfax of Elmley. 2 Foster's Alumni Oxonienses. z Metcalfe's Book of Knights, and see the I. P. M. to his father, in which it is clearly stated that he was made a knight by King James in the lifetime of his father. 4 Calendar of State Papers, Domestic, 1635-36, 462. Letter from George Garrard to Edward, Viscount Conway and Killultagh, under date 30 May 1636, in which it is stated that Lord Dunbar lost £3000 at one sitting. 5 Ibid., 1628-29, 522. 6 ' The Loyalists' Bloody Roll,' printed in the Complete Peerage, i. 194, under « Aubigny.' CONSTABLE, VISCOUNT DUNBAR 297 Parliament as having been a Papist in arms 23 April 1648.1 He married, about 1614, Mary, sister of Nicholas, first Earl of Thanet, and daughter of Sir John Tufton, Bart., of Hothfield, co. Kent, by his second wife, Christian, daughter and co-heir of Sir Humphrey Brown, Justice of the Common Pleas. On 17 and 18 January 1654 she prayed to be allowed to contract for two-thirds of her sequestrated estate, 'being in a Very low and sad condi- tion.'2 She died between 8 April and 24 June 1659. By her will, dated 7 November 1653, with codicil of 8 April 1659, and proved in London 24 June 1659,3 she desired to be buried in the parish church of Halsham. By her Lord Dunbar had issue : — 1. JOHN, second Viscount Dunbar. 2. Mattlieiv, of Benningholme Grange, co. York. On 10 May 1653 he petitioned the Parliament to be allowed to compound for his estate, and on 10 July following, on payment of a fine, his lands in Swine, Sutton, Stone Ferry, and Burstwick, co. York, were discharged and sold by the Treason Trustees.4 He died 14 August 1667.5 3. Henri/, living 15 December 1667, the date of the will of his brother John, second Viscount Dunbar. He is said to have died s. p. 4. Mary, married, as his first wife, to Robert, Lord Brude- nell, afterwards second Earl of Cardigan, by whom she had issue a daughter Mary, wife of William Hay, third Earl of Kinnoull. (See that title.) 5. Catherine, living at the date of her mother's will, 7 November 1653 ; married to William Middleton of Stockheld, co. York, who died 22 December 1658, and by whom she had issue. 6. Margaret, living and unmarried 24 June 1659. JOHN, second Viscount Dunbar, aged fifty at the visita- tion of Yorkshire 5 September 1665, and so born in or about 1 Calendar of the Proceedings of the Committee for Compounding, pt. i. 113. 2 Proceedings of the Committee for Compounding, G. vol. 20, 1177, and vol. 82, 44-46. 3 P. C. C., 369, Pell. 4 Proceedings of the Com- mittee for Compounding, G. vol. 18, 855 ; vol. 75, 622, and vol. 225, 575, 577. 5 Poulson's History of Holder ness, ii. 233. 298 CONSTABLE, VISCOUNT DUNBAB 1615. Two-thirds of his estate were sequestrated by the Parliament 9 July 1650.1 By his will, dated 15 December 1667, and registered at York, he desired to be buried with his ancestors at Halsham.2 Married, probably before 2 January 1636-37,3 and certainly before 1649, Mary, daughter of Thomas, Lord Brudenell (who in 1661 was created Earl of Cardigan), by Mary, daughter of Sir Thomas Tresham, Knight. She was living at the date of her husband's will. By her he had issue : — 1. John, aged sixteen years at the visitation of York- shire 5 September 1665, and so born in or about 1649 ; died unmarried v. p., but was living at the date of his father's will, 15 December 1667. 2. ROBERT, succeeded his father as third Viscount Dunbar. 3. WILLIAM, succeeded his brother Robert as fourth and last Viscount Dunbar. 4. Mary, living 5 September 1665, died unmarried. 5. Cicely, married, before 5 September 1665, to Francis Tunstall of Scargill and Wycliffe, co. York, who was aged twenty-eight 21 August 1665,4 by whom she had, with other issue, a third son, Cuthbert Tunstall, who, on succession to the estate of Burton Constable under the will of his maternal uncle William, fourth Viscount Dunbar, assumed the name and arms of Constable. 6. Catherine, married, after 5 September 1665, to John More of Kirklington, co. Notts, by whom she had a son John and a daughter Winifred, both mentioned in the will of their maternal uncle William, fourth Viscount Dunbar. ROBERT, third Viscount Dunbar, aged fourteen years at the visitation of Yorkshire 5 September 1665, and so born in or about 1651. On 26 February 1670-71 he was indicted at the Middlesex Sessions for having murdered one Peter Varnall, by giving him a rapier wound on the right 1 Proceedings of the Committee for Compounding. 2 Reg. Test., xlix. 2M. 3 See the will of his grandmother Margaret, Lady Constable, of this date, which contains mention of « my grandchild, Mr. John Constable, and my daughter (sic) his wife.' 4 Visitation of Yorkshire, 1665. CONSTABLE, VISCOUNT DUNBAR 299 side of his head, and on 3 May following he appeared at the Old Bailey and confessed the indictment,1 having on 11 April previous obtained the King's pardon for the offence.2 He died 23 November 1714, in his sixty-fourth year, and was buried 2 December following in Westminster Abbey, in the middle aisle near the choir door.3 Will dated 2 January 1711-12, proved in London 4 December 1714.4 He married, first, Mary, daughter of John, Lord Belasyse of Worlaby, by his first wife Jane, daughter and heir of Sir Robert Boteler,5 by whom he had one daughter : — 1. Anne, married, as his first wife, to Simon Scrope of Danby, co. York, but died s. p., and was buried at Spennithorne in the same county, 15 February 1694-95. He married, secondly, soon after 30 March 1700,6 Dorothy, widow of Charles Fane, third Earl of Westmorland (who died September 1691), and daughter of Robert Brudenell, second Earl of Cardigan, by Anne, daughter of Thomas Savage, first Earl Rivers. She died, aged ninety-three, 26 January, and was buried with her second husband in Westminster Abbey 6 February, 1739-40. Will dated 28 December 1734, proved in London 8 February 1739-40.7 WILLIAM, fourth Viscount Dunbar, aged eleven years at the visitation of Yorkshire 5 September 1665, and so born in or about 1654; succeeded his brother Robert as Viscount Dunbar and Lord Constable 23 November 1714, which titles became dormant at his death, without legiti- mate issue,8 at Burton Constable 15 August 1718. Will dated 30 August 1717, registered at York.9 Married Eliza- beth, eldest daughter of Hugh (Clifford), second Baron Clifford of Chudleigh, by Anne, daughter and co-heir of Sir Thomas Preston, Bart. She married, secondly, 17 November 1 Middlesex Session Rolls, iv. 24, 25. 2 Calendar of State Papers, Domestic, 1671, 183. 3 The inscription on his monument is printed in Neale's Westminster Abbey. 4 P. C. C., 239, Aston. 5 The Complete Peerage. 6 See his will, in which deeds of lease and release dated 29 and 30 March 1700, which appear to have been executed in pursuance of marriage articles, are cited. 7 P. C. C. 58, Browne. 8 He had two natural sons, one known as Mr. Henry Musgrave, and the other (by a Mrs. Devaux) as Mr. Charles Lee, alias Fitzwilliams. The latter was dead at the date of Lord Dunbar's will, leaving a son. 9 Reg. Test., 73, 108. This will was enrolled on the Close Bolls, 5 George I., pt. 20, No. 13. 300 CONSTABLE, VISCOUNT DUNBAR 1720 Charles Gregory Fairfax of Gilling, eo. York (after- wards tenth Viscount Fairfax of Elmley, in the Peerage of Ireland) ; she died at Bath 25, and was buried in the Abbey church there 27, April 1721. Admon. of her goods granted to her second husband P. O. O. 15 May following. CREATION. — 14 November 1620, Viscount Dunbar and Lord Constable. ARMS.— Barry of six, or and azure. CREST. — A dragon's head argent, charged with three bars gules, on each as many lozenges or. SUPPORTERS. — Dexter, a bull sable ; sinister, a lion ram- pant gules. MOTTO. — Sans Mai Desir. [H. w. F. H.] OSBORNE, VISCOUNT DUNBLANE T is unnecessary to give in detail, in a work like the present, the pedigree of a family who were not only of purely Eng- lish descent, as indeed some other holders of Scottish peerages were, but who only held the Scottish honour for a very short time as their principal designation. None of the family were indeed known under it at the time of their death: not only so, but the title has descended as a subsidiary one in the same family ever since its first creation, and the pedigree will be found in more than one modern book of reference. It is sufficient therefore to say that I. SIR THOMAS OSBORNE, Baronet, of Kiveton, co. York, was born in 1631, being the second son (and after 1638 the eldest surviving son) of Sir Edward Osborne, Baronet, by his second wife, Anne Walmesley. Entering into public life he became Treasurer of the Navy, and while holding that appointment he was, on 2 February 1672-73, created VISCOUNT OSEBURNE OF DUNBLANE in the Peerage of Scotland. This was the first of five Peerages which he received during his life. He was Lord Treasurer from 1673 to 1679: on 15 August 1673 he was created BARON OSBORNE OF KIVETON and VISCOUNT LATIMER OF 302 OSBORNE, VISOOUNT DUNBLANE DANBY, and on 27 June 1674 EARL OP DANBY. He was created a Knight of the Garter in 1677, and was Lord President of the Council 1689-95. On 9 April 1689 he was raised to the rank of MARQUESS OF CARMARTHEN, and on 4 May 1694 he was made DUKE OF LEEDS. He died, 26 July 1712, at Easton Neston, co. Northampton. He married, before 1655, Bridget Bertie, second daughter of Montagu, second Earl of Lindsey. She, who was born 1629, died 7 January 1704, leaving by her husband, among other children, II. PERIGRINE OSBORNE. He was the third son, but in con- sequence of the death of both his elder brothers vita patris without issue, he ultimately succeeded to the dukedom, He served in the Navy, and attained the rank of Admiral of the Red in 1703. His father, on getting the first of his English peerages in August 1673, surrendered his Scottish title in favour of his son, who was, on 5 December 1674, confirmed in it as VISCOUNT DUNBLANE. He died 25 June 1729, having married, 25 April 1682, Bridget, only daughter and heiress of Sir Thomas Hyde, Baronet, of Allruy, Herts, with issue. Their descendants still hold the title. CREATIONS. — 2 February 1672-73, Viscount Oseburne of Dunblane ; 5 December 1674, Viscount Dunblane* ARMS. — Quarterly, ermine and azure, a cross or. CREST. — A tiger passant argent. SUPPORTERS. — Dexter, a griffin or ; sinister, a tiger argent, each gorged with a ducal collar gules. MOTTO.— Pax in bello. [J. B. P.] SCRYMGEOUR, EARL OF DUNDEE T has been generally stated by the old chroniclers1 that the family of Scrym- geour had its origin from a Knight of the name of Alexander Carron who, when King Alexander i. was attacked in his residence by some of the men of Mearns and Moray, assisted that mon- arch to escape through one of the drains of the latrine. Subsequently, on an expedition being made to punish the rebels, they were seen on the other side of the river Spey, and the King giving his standard to Carron, that Knight crossed the river, planted the standard, and the royal army following and supporting him, the rebels were defeated. It is added that as a reward of his service the King constituted Carron and his heirs hereditary standard-bearers of Scotland, gave him a grant of lands, and changed his name to Scrymgeour.2 The name has been said to connote sharp or hardy fighter, or in modern language 4 skirmisher.' It has also been said to be derived from the Gaelic Ghabh greim geur, 'took a sharp or fast grip/ alluding to the carrying of the standard by Carron.3 What- ever the real truth of this story may be, it has a better foundation than most of the tales found in the old annals, 1 Boece, Scot. Hist.; Fordun, Scotichronicon ; Buchan's Hist. 2 Scrimager or Skirmisher. 3 Polichronicon sen Policrata Temporum, 37, Scot. Hist. Soc. 304 SORYMGEOUR, EARL OF DUNDEE though the incidents alleged are probably placed at too early a date by the historians. The first person of the name of Scrymgeour on actual record appears in a tack by Thomas of Kylmaron, leasing to Alexander, called Schyrmeschur, described as son of Colyn, son of Oarun [of Cupar], the land of Torr for nine years from Martinmas 1293 ; the witnesses to this deed are Sir John, called Albe, then rural dean of Fife and Fothrif, Hugh of Lochore, then Sheriff of Fife, Oonstantine of Lochore, John, called Gulbuy, and Michael, called Redhode, burgesses of Cupar.1 Here are three generations, and the descent from a person of the name of Oarun is established. It is not stated that either Carun or his son Oolin were called Scrymgeour, but there is no doubt that an Alexander Scrymgeour was in existence in 1293. A few years later he again comes into notice. On 29 March 1298 Sir William Wallace granted to Alex- ander, called ' Skirmeschur,' certain lands near Dundee, together with the office of Constable of the Castle of Dundee, ' pro homagio predicto domino Regi [John Baliol] et heredibus suis vel suis successoribus faciendo et pro fideli servicio et succursu suo predicto regno impenso portando vexillum regium in exercitu Scotie tempore confectionis presentium.' 2 He had also charters of the constabulary, and of the office of Standard Bearer from Baliol.3 NICHOLAS SCRYMGEOUR, probably the son of the last mentioned, had a charter from King Robert the Bruce dated at Arbroath 10 February 1317-18 of the office of Constable of Dundee, rendering therefor ' pro manu portando vexillum nostrum in exercitu nostro pro omni servitio, etc.' 4 He also, as ' Nicholas Skirmesur,' had another grant from the same King of the hill on which the Castle of Dundee stood, to be held in free burgage, the reddendo being a pair of thick gloves for hawks, payable at Forfar. The charter is dated at Arbroath 22 January 1317-18.5 He had also a charter on 12 March 1323-24 of the office of standard-bearer, 1 Memo in Gen. Reg. Ho. of old charter. 2 Nat. MSS. of Scotland, Introduction, 14; Anderson's Diplomata, pi. xliii; Acta Parl. Scot., i. 453. 3 Fifth Rep. Hist. MSS. Com., p. 612. 4 Charter quoted in a charter 'to Charles Maitland of Haltoun 4 May 1676, Reg. Mag. Sig., lib. 63, fol. 67. 6 Original in Gen. Reg. Ho., No. 85. SCRYMGEOUR, EARL OF DUNDEE 305 and the lands of Hilfield, South Bordland, and Marisfield, forfeited by Robert Moubray, the reddendo being a pair of gilt spurs.1 His successor, probably his son, was ALEXANDER SCRYMGEOUR, who had a charter of several lands near Dundee 1357.2 On 3 May 1374 King Robert n. granted the lands and castle of Glascester, or Glassary, co. Argyll, and certain lands in the sheriffdoms of Porfar and Perth, on his own resignation, to Gilbert of Glascester and the heirs-male of his body, whom failing, to Alexander de Skyrmechur and Agnes his wife and their heirs.3 On 24 May 1374 an indenture was entered into between Alex- ander Skyrmyshur, Constable of Dundee, and Herman of Logy whereby the latter granted to the former in feu-farm the mill of Banvy, as held from Gilbert of Glassyster, lord superior; and Alexander Skyrmysher granted to Herman the office of vassal of the Constable of Dundee, with all the privileges thereto belonging.4 On 30 May 1378 Patrick de Inverpeflr had a royal charter of part of the lands of Cragy in the barony of Dundee, the superiority of which Alexander Skrymchur, Constable of Dundee, ' our cousin,' had resigned.5 He married Agnes, daughter of Gilbert of Glascester, and had two sons : — 1. JAMES. 2. Alexander, who witnessed along with his brother a charter of Alexander Murray of Culbin, 11 March 1390-91.6 JAMES SKERMECHOUR, described as vexillator regis, was one of the parties to an indenture between the town of Dundee and himself 13 August 1384,7 had, together with Egidia his wife, ' our cousin,' a charter from King Robert n. of the lands of Inverkeithing 6 October 1384 ; 8 and on 7 March 1390-91 King Robert in. granted to the altar of St. Salvator in the parish church of Dundee the lands of Milton of Cragy in the barony of Dundee on the resignation of James Skermechour, Constable.9 James 1 Robertson's Index, 20, 22. 2 Ch. penes George Constable, quoted by Douglas, ii. 463. 3 Reg. Mag. Sig., fol. vol. 101. 4 Gray Writs, Kinfauns Charter-chest. 5 Beg. Mag. Sig., fol. vol. 155. 6 Ibid., 201. 7 Confirmed 2 September 1458, ibid. 8 Ibid., fol. vol., 173. 9 Ibid., fol. vol., 199. VOL. III. U 306 SCRYMGEOUR, EARL OF DUNDEE Skrymsour, ' chivaler ' of Scotland, had a safe-conduct to go abroad with eighteen horsemen 12 March 1396-97.1 He accompanied Alexander, Earl of Mar, to Flanders in the service of the Duke of Burgundy in 1408,2 and after his return to Scotland fell at the battle of Harlaw 24 June 1411. He married Egidia Maxwell.3 1. JOHN. 2. Egidia, said to have been married to James Maitland, son of Sir Robert Maitland of Lethington. They had a charter of the lands of Auchinbreck and others, co. Dumfries, 3 January 1450-51.4 JOHN SCBYMEZOUR, with other captives, was released from the Tower of London 12 April 1413.5 As Constable of Dundee he was knighted on the occasion of the coronation of King James i., 21 April 1424.6 On 10 October 1444 he had a charter from Alexander, Earl of Ross, of the lands of Bordland and others, co. Kincardine.7 On 11 March 1458 he resigned his lands of Banvy and Balrudry in the hands of Sir Thomas Maule the superior, with reservation of life- rent, in favour of his son and heir James.8 He died between January 1459-60 and August 1463. He married, first, Katherine Ogilvy, and secondly, Isobel Oliphant,8 said to be daughter of Sir William Oliphant of Aberdalgie ; thirdly, Marion, widow of Sir Robert Maitland of Leth- ington,10 and left issue : — 1. JAMES, who succeeded. 2. Alexander, rector of Glassary. 3. David of Fardill. JAMES SCRIMGEOUR, son and heir-apparent of Sir John Scrimgeour, had a royal charter of the lands of Glastre, or Glassary, co. Argyll, and Inverkeithing, co. Fife, 27 January 1459-60.11 He had succeeded his father before 13 1 Cal. of Docs., iv. 487. 2 Wyntoun, bk. ix. ch. 27. 3 Memo, in Gen. Reg. Ho. of charter by James i. 7 April 1428, confirming charter by Sir John Scrymgeour, Knight, dated 31 December 1427, whereby he granted an annualrent to a chaplain in Dundee parish church for the souls of Sir James, his father, Egidia Maxwell, his mother, Katherine of Ogilby and Ysabella Oliphant, his wives. 4 Confirmed 10 June 1451, Beg. Mag. Sig. 6 Cal. of Docs., iv. 839. 6 Extracta e variis Cronicis Scocie, 227. 7 Confirmed 3 November 1444, Beg. Mag. Sig. 8 Gray Writs. 9 Charter of 31 December 1427, ut supra. 10 Acta Parl. Scot, vii. 160. " Reg. Mag. Sig. SORYMGEOUR, EARL OP DUNDEE 307 August 1463, when he appended his seal as Constable of Dundee to a charter of William Maxwell of Teling. On 9 December 1471 he had a charter from George, Lord Hali- burton, of the lands of Ballagernoch, co. Perth,1 He died before 31 December 1478, when Thomas Maule of Panmure granted a precept of sasine for infefting his son James in the lands of Benvy and Balrudry.2 He married, first, Jonet Lyon, and secondly, Margaret Maitland, who survived him, and married secondly, David Hering of Lethendy.3 1. JAMES. 2. Mr. John of Glassary, of whom afterwards. 3. Matilda, married, as his second wife, to Robert Graham of Fintry, and had issue. From them descended the Grahams of Olaverhouse (see Dundee, Viscount of)/ 4. Elizabeth, married to John Sandilands, grandson of Sir John Sandilands of Oalder: they had a charter from her father of certain lands of Dudhope 15 October 1481.5 5. Mariota, married (contract 10 September 1475) 6 to Robert Arbuthnott of that Ilk. JAMES SCRIMGEOUR had a charter on 2 May 1479 from Sir Thomas Maule of Panmure of the lands of Benvy and Balrudry and others on his own resignation, to himself and the heirs-male of his body, whom failing, to Mr. John Scrimgeour, his brother, David Scrimgeour of Fardyll, his paternal uncle, John Scrimgeour, called 4Jak,' burgess of Dundee, Robert Scrimgeour, son of the late David Scrim- geour of Sonyhard, David Scrimgeour, brother of the said Robert, Patrick Scrimgeour, brother of the said Robert and David, Alexander Scrimgeour of Henristoun, John his brother, Nicholas Scrimgeour of Lillok, John Scrim- geour, macer, and the heirs-male of their bodies, whom failing, the nearest heirs-male of the grantee, etc.7 The charter was confirmed by James in. 22 September 1483, but is not recorded. He appears as a witness to a charter of 10 June 1493 by Sir Alexander Scrimgeour, chaplain, to James Scrimgeour, eldest son of David Scrimgeour, the 1 Confirmed 30 January 1475-76, Reg. Mag. Sig. 2 Gray Writs. 3 Ada, Dom. Cone., 7 February 1488-89. 4 Douglas Book, iii. 118. 6 Confirmed 13 January 1490-91, Reg. Mag. Sig. 6 See vol. i. 282. - Gray Writs. 308 SCRYMGEOUR, EARL OF DUNDEE grantor's brother, of the lands of Sonaharde, co. Aber- deen.1 He had a charter on 27 April 1495 from Andrew, Lord Gray, of the third part of the lands of Dudhope, co. Porfar, to himself and the heirs-male of his 4 apparent spouse ' Isobel Gray,2 and on 27 April the same year another grant of the customs of ' colt and coltsilver ' levied at the ' first faire ' of Dundee.3 He died about 1503. He married Isobel, daughter of Andrew, Lord Gray ; she survived him, married, secondly, Sir Adam Orichton of Ruthven,4 and thirdly, Sir John Campbell of Lundy.5 By her he had :— 1. JAMES. 2. Margaret, married to John Stewart, Earl of Buchan.8 3. Janet, married to James, third Lord Oarlyle.7 — , a daughter, married to Thomas Spalding. JAMES SCRIMGEOUR had service of Benvy and others as his father's heir, 19 April 1504,8 and a charter as son and heir of the late Sir James Scrimgeour, Constable of Dundee, of the lands of Soneharde 9 March 1507-8.9 On 2 July 1527 he had a charter on his own resignation, of the lands of Dudhope and others to himself and the heirs-male of his body, whom failing, to John Scrimgeour of Glastre or Glassary,10 Mr. James, his brother, Walter, his brother, David Scrimgeour of Fardill, John Scrimgeour, macer, and the heirs-male of their bodies, whom failing, to the nearest heirs-male of himself and then to heirs-female.11 On 4 December 1528 he had a charter of the lands of Kirkton of Erlistrathichty, co. Forfar, on the forfeiture of the Earl of Angus. On 2 March 1541-42 he had a charter of the lands and barony of Dudhope and others, and the office of Constable of Dundee, which lands were incorporated into the barony of Dudhope, to be held by himself in liferent, and ' the King's familiar and daily servitor ' John Scrim- geour of Glastre, and the heirs-male of his body in fee, whom failing, John Scrimgeour, grandson of the said James, and son of his daughter Elizabeth and James Scrimgeour of Kirkton, or any other of their heirs-male, whom failing, James Scrimgeour, fiar of Fardel, James Scrimgeour of Fordey, James Scrimgeour of Gone, Mr. John Scrimgeour 1 Confirmed 15 June 1493, Reg. Mag. Sig. 2 Ibid., 30 June 1495. 3 Ibid. 4 Cf. Ibid., 24 August 1510. 5 Acts and Decreets, iv. 120. 6 Vol. ii. 268. 7 Ibid.,38S. 8 Gray Writs. 9 Reg. Mag. Sig. 10 See p. 310. " Reg. Mag. Sig. SCRYMGEOUR, EARL OP DUNDEE 309 of Myres, and the heirs-male of their bodies, whom failing, to his own nearest heirs-male of the blood and name of Scrimgeour, whom failing, to his nearest heirs whatsoever.1 He died before 17 December 1551. 2 He married, first, Mariot Stewart, from whom it is said he was divorced before 1524.3 Agnes Scrimgeour had a precept of clare constat for infefting her in one-half of the lands of Bal- rudry as one of the lawful heirs of the late Mariot Stewart 25 April 1583, so she must have been dead by that year/ James Scrimgeour married, secondly, before 23 August 1534, Mariota Wardlaw,5 daughter of John Wardlaw of Torrie.6 She survived him, and married, secondly, Alexander Hepburne of Whitsome.7 By his first wife he had two daughters :— 1. Elizabeth, married, as shown by the above charter, to James Scrungeour of Ballegarno, and thereafter of Kirkton, styled also of Ballegarnocht, which he possessed before Kirkton. They were both dead before 28 March 1555, when their son and heir John entered into a contract with the then Laird of Dud- hope.8 Their descendant, John Scrymgeour of Kirk- ton, was served heir to John Scrymgeour, Constable of Dundee, patris abavi, 15 December 1610.9 His representative in the male line, Mr. Henry Scrym- geour Wedderburn, acted as Hereditary Standard Bearer at the Coronation of Edward vn., but as the steps of his pedigree have not been proved and are in dispute, they have not been here inserted. 2. Agnes, married to Peter Bruce of Earlshall.10 Her descendant William Bruce of Earlshall was, on 15 December 1610, cited above, served heir of the Con- stable of Dundee, patris abavi ex parte matris. The succession then opened to the descendants of MR. JOHN SCRIMGEOUR of Glassary, the second son of James Scrimgeour. He had a charter from his elder brother James on 12 December 1490 of the lands of Glastre, to himself and his wife, and the heirs-male of their bodies, 1 Reg. Mag. Sig. 2 Acts and Decreets, vi. 91. 3 Douglas, Peerage, i. 464. * Reg. dePanmure, ii. 307. 6 Ibid. • Protocol Book of T. Dalrymple, 29 Oct. 1556, MS. in Reg. Ho. 7 Vol. ii. p. 145. 8 Reg. of Deeds, i. 104. • Inquis. Gen., 515. 10 Reg. Mag. Sig. 310 SORYMOKOUR, EARL OP DUNDEE whom i'ailing, to David Scrimgeour of Fordell, Alexander Scrimgeour of Henristoune, James Scrimgeour, brother of Alexander, Nicholas Scrimgeour of Lillok, James Scrim- geour, son and heir of the late David Scrimgeour, burgess of Dundee, John Scrimgeour, macer, and the heirs-male of their bodies, whom failing, to the nearest heirs-male what- soever of Mr. John bearing the name of Scrimgeour.1 He purchased the lands of Lumlethen and Orago, co. Forfar, from Walter Strang of Pitcorthy in 1504,2 the lands of Gokelmure and Hallhill, co. Perth, from Andrew Kinnaird of that Ilk in 1508,3 the lands of Ardormy, co. Perth, from Andrew Murray in 1509 ; 4 Wester Glenquharite and Bal- lantor from the same in 1510 ; 5 Panbride, co. Forfar, from Robert, Lord Orichton in 1511 ; 6 and Balmullo, co. Fife, from George, Earl of Rothes, in 1512.7 He died 1513, probably killed at Flodden (see below). He married Janet Ogilvy, and left three sons : — 1. JOHN, who succeeded ; named in entail of 1527. 2. Mr. James, rector of Glastre and canon of Lismore, who witnesses the charters of Balmullo and the charter of Wester Glenquharite in 1510. He is named in the entail of 1527, and was alive 13 August 1531. 8 3. Walter, of Glaswell, named in entail of July 1527; he married, before 1 March 1529-30, Katherine Murray, and had with her a charter of Glaswell and Torbirnis 1 March 1529-30, and had issue. JOHN SCRIMGEOUR of Glastre, son of the preceding, had precept of sasine as his father's heir 7 November 1514, the lauds having been a year in non-entry.9 He succeeded his cousin James Scrimgeour of Dudhope in 1546, and was served heir to him and to his own uncle James 18 May 1547. 10 He is styled Constable of Dundee on 20 February 1549- 50, when he granted a charter of the lands of Kingudy in the barony of Dudhope to Patrick Gray of Ballegarno, and his wife Margaret Scrimgeour, and to which his son and heir- apparent, John, was witness.11 He died in December 1562,1* 1 Confirmed 12 July 1491, Reg. Mag. Sig. * Ibid., 11 February 1503 4. 3 Ibid., 8 March 1508-9. 4 Ibid., 24 April 1510. * Ibid., 26 March 1511. 6 Ibid., 26 October 1511. ? Ibid., 1 March 1512-13. » Reg. Mag. Sig. 9 Exch. Rolls, xiv. 568. 10 Gray Writs. » Confirmed 18 April 1550, Reg. Mag. Sig. 12 Reg. Sec. Sig., xxxi. 68. SCRYMGEOUR, EARL OF DUNDEE 311 having married Isobel Cuninghame, who was his widow in 1563,1 with issue :— 1. JOHN. 2. James of Henderstoun, who is styled brother-german to John Scrymgeour of Dudhope 20 March 1563-64.2 3. Robert, married Margaret, daughter of John Campbell of Lundy and Janet Hering, with issue.3 4. Elizabeth, married, first (contract 27 May 1559), to Andrew Wintoun of Stradichty-Martin, who granted a charter in implement of his contract of marriage 28 May 1559 ; 4 secondly, to John Ogilvie of Pitpointie. She died September 1595.5 JOHN SCRYMGEOUR, his successor, witnessed the charter by his father of 20 February 1549-50, already cited, and also one 15 April 1552,6 as son and heir-apparent of John Scrymgeour of Dudhope. He succeeded his father in De- cember 1562, and on 3 February 1562-63, as son and heir of the late John Scrymgeour of Glastre, he received from Queen Mary a gift of the non-entry duties and others due from the lands and barony of Dudhope, the lands of Castle- hill, and office of Constable of Dundee, and his other lands, including Glastre.7 He died November 1568,8 when Sir Thomas Maule granted a precept of clare constat for in- fefting James Scrimgeour of Dudhope as heir of his father John Scrimgeour, Constable of Dundee, in the lands of Benvy and Balrudry. He married , daughter of Campbell of Auchenbreck, and had issue : — 1. JAMES. 2. Donald, mentioned in the charter of 1565 after men- tioned, but who must have died s. p. before 1587, ai he does not appear in the charter of that year* JAMES SCRIMGEOUR had a Crown charter on 30 June 1565 as son and heir of John Scrimgeour, Constable of Dundee, of the barony of Dudhope and other lands to himself, Margaret Carnegie his future spouse, and the heirs-male of their bodies, whom failing, to the other heirs-male of his body; whom failing, to Donald his brother, James 1 Acts and Decreets, xxvii. 385. 2 Laing Charters, No. 770. 3 Ibid., No. 1172. * Beg. of Deeds, Hi. f. 427; Reg. Episc. Brechin, ii. 204. 5 Edin. Tests., 17 January 1596-97. 6 Reg. Mag. Sig., 7 May 1565. 7 Reg. Sec. Sig., xxxi. 68. 8 Edin. Tests. 312 SORYMGEOUR, EARL OF DUNDEE Scrimgeour of Glaswell, John Scrimgeour of Ballegarno, James Scrimgeour of Fardell, David Scrimgeour of Fordy, James Scrimgeour of Rydgond, Alexander Scrimgeour, burgess of Dundee, Mr. John Scrimgeour of Myres, and the heirs-male of their bodies ; l on 15 November 1587 he had another Grown charter as Constable and Provost of Dundee of the lands and barony of Dundee, co. Forfar ; Hillfield and others, co. Fife ; Bello and others, co. Perth ; Sonahard, co. Aberdeen, and Glaster, co. Argyll to himself and the heirs-male of his body, whom failing, to James Scrimgeour, son of the late Robert 2 Scrimgeour, his uncle John Scrimgeour of Kirkton, Gilbert Scrimgeour, his brother, John Scrimgeour of Glaswell, Mr. Alexander Scrimgeour, his brother, James Scrimgeour of Fardell, David Scrimgeour of Fordy, Jarnes Scrimgeour of Myres, Alexander Scrimgeour, bailie of Dundee, and the heirs- male of their bodies, whom failing, to his own nearest heir-male.3 On 5 March 1603 he had a charter of the lands of Strickmertane, Baldovan, and others, in the barony of Roscobie, co. Forfar.4 He was served heir to John Scrim- geour, his great great-grandfather and to John Scrimgeour his father 15 December 1610. Sir James Scrimgeour appears to have taken an active part in the public business of his time. On 8 October 1594 an Act of Council was passed at Dundee during the march of the King northwards against the Catholic Lords, finding that Sir James and his heirs had the undoubted right to the place of 4 beiring his Hienes banner and standart befoir his majesties persone and his successouris at tymes of oistis, weiris, raidis, armeis, and batallis.' 5 Along with the Earl Marischal, Lord Dingwall, and others he was an am- bassador to arrange the King's marriage with the Princess Anna, and sailed from Leith to Denmark on 18 June 1589.6 On 6 March 1589-90 he was appointed a commissioner for executing the laws against the Jesuits ; 7 and his name appears on the sederunt of the Privy Council 14 May 1597, though no other notice of him occurs as a councillor till 1604-5, when he is called a new councillor.8 He died 13 1 Reg. Mag. Sig. 2 Mistakenly called James in Reg. Mag. Sig. See Acta Parl. Scot., iv. 90. 3 Reg. Mag. Sig. * Ibid. 6 P. C. Reg., v. 179. 6 Ibid., iv. 396 n. 7 Ibid., 463. 8 Ibid., vii. 25 n. SCRYMGEOUR, EARL OP DUNDEE 313 July 1612.1 He married, first (contract 13 June 1565), Margaret, youngest daughter of Sir Robert Carnegie of Kinnaird, with a tocher of 2120 inerks ; she died 9 January 1575-76.2 Secondly, before 11 September 1581, Magdalene, daughter of Alexander, fifth Lord Livingston, and relict of Sir Arthur Erskine, brother of John, Earl of Mar. They had a charter of Benvy at that date.3 He left issue : — 1. JOHN. 2. Margaret. In December 1586 George Haliburton of Pitcur granted a charter of the lands of Thorngreen and others to his son James and Margaret Scrim- geour, his future wife, daughter of James Scrimgeour of Dudhope, Constable and Provost of Dundee.4 3. Catherine, married to William Ochterlony, younger, of that Ilk.5 I. JOHN SCRIMGEOUR witnessed a charter as son and heir- apparent of his father 8 June 1587,6 and under the same designation he had a charter of the Mill of Kelly 2 June 1609 ;7 on 9 July 1601 he had a licence from the King to travel in England, France, Flanders, etc.8 He had a charter of the lands and barony of Dundee 11 December 1617, of Canons, co. Perth, 20 January 1618,9 and of the fishings of Keith Rattray on the Ericht 4 January 1620.10 He refused to sign the Covenant at Forfar 1 February 1639.11 On 13 March 1641 he was created VISCOUNT DUDHOPE and LORD SCRIMGEOUR, with remainder to his heirs-male whatsoever. He died 7 March 1643. He married Margaret, daughter of George Seton of Parbroath, and had issue : — 1. JAMES. 2. Jo/w, who on 7 December 1644, as c uncle of the granter,' witnessed a charter of John, third Viscount of Dud- hope.12 He also got a charter of the Kirklands of Inschyra 10 November 1654.13 3. David, who married Jean Cockburne, and died before 1 June 1647.14 On 9 December 1654 his relict raised 1 David Wedderburn's Compt Book (Scot. Hist. Soc.), 91. 2 Edin. Tests. 3 Gray Writs. 4 Reg. Mag. Sig. , 1 November 1587. 5 Eeg. of Deeds, xlviii. 353. 6 Confirmed 15 July 1600, Reg. Mag. Sig. 7 Ibid., 22 June 1609. 8 Hist, of Camegies, i. 71. 9 Reg. Mag. Sig. 10 Confirmed 5 February 1622, Ibid. » Hist, of Camegies, i. 104. 12 Laing Charters, No. 2352. 13 Reg. Mag. Sig. 14 Edin. Tests. 314 SCRYMGEOUR, EARL OF DUNDEE an action on behalf of herself and her two daughters Clara and Margaret against the Viscount for certain moneys secured to them from the lands of Banvy and Balmany.1 On 11 February 1631 he witnessed a charter by Thomas Thomson of Duddingston, in which he is wrongly described as son of 4 the late ' Sir John. At this date there could have been no son alive of a deceased Sir John. 4. Andrew, had sasine of Pitnepie 13 March 1621 .2 5. Alexander, a witness in 1640.3 6. Magdalene, married to Alexander Irvine, apparent of Drum.4 7. Mary, married (contract 25 July 1623) to Peter Hay of Megginch.5 8. Margaret, married (contract 17 September 1627) to Sir Thomas Thomson of Duddingston. She had a charter from him of certain lands in implement of the marriage-contract 13 December 1653.6 9. Jane, married (contract 27 December 1632) to Sir John Carnegie of Pitarrow, son of the first Earl of South- esk ; her tocher was 12,000 merks.7 II. JAMES, second Viscount of Dudhope, had a charter from his father to himself and his wife Isabella Kerr of the lands of Hillfield, Inverkeithing and others, 25 November 1618.8 He was served heir to his father 25 April 1643.9 He had a command in the Scottish forces, sent next year to the assistance of the Parliament of England against Charles i., and died 23 July 1644 from the effects of a wound received at the battle of Marston Moor. He married Isabella Kerr, third daughter of Robert, first Earl of Roxburghe, and had issue : — 1. JOHN. 2. Alexander, a captain in the army, was killed in a duel by Lord Cranstoun in August 1661. 10 1 Gray Writs. 2 Protocol Book of T. Wichtane, 31, MS. Gen. Reg. Ho. 3 Forfar Sasines, i. 367. 4 Eeg. Mag. Sig., 13 March 1622. 5 Protocol Book of T. Wichtane, 100. 6 Laing Charters, No. 2449. 7 Hist. ofCarnegies, i. 120; Macfarlane calls her fourth daughter, Gen. Coll. ii. 176. 8 Con. firmed 20 April 1619, Beg. Mag. Sig. 9 Re tours. 10 Lament's Diary; Brechin Tests., where it is stated that he died in November. SCRYMGEOUR, EARL OP DUNDEE 315 3. Robert, mentioned as a witness at the baptism of his sister Jean's children, 1660, 1662, and 1664.1 4. Jean, married in 1647 2 to John Graham of Pintry.3 5. Mary, baptized 30 December 1619,4 both she and her sister were served heirs to their grandfather, Sir John, 4 February I486.5 She got a pension of £50 yearly on 15 March 1686-87.6 III. JOHN, third Viscount of Dudhope, served heir to his father 4 November 1644, was a colonel of horse in the 4 Engagement ' to attempt the rescue of King Charles i. under the Duke of Hamilton 1648 ; accompanied King Charles n. to the battle of Worcester 1650, escaped from that battle, was taken prisoner in the braes of Angus by the English in November 1654. At the Restoration he was made a Privy Councillor and created EARL OP DUNDEE, VISCOtJNT OP DUDHOPE, LORD SCRIM- GEOUR AND INVERKEITHING, but the limitation of these dignities is not known. He died 23 June 1668. He married in 1644 Anna, second daughter of William, first Earl of Dalhousie, who survived him, and married, secondly, 13 October 1670, Sir Henry Bruce of Clackmannan. By her he had no issue, and his honours became extinct or dormant.7 CREATION.— 15 November 1641, Viscount of Dudhope and Lord Scrimgeour ; 1661, Earl of Dundee, Viscount of Dud- hope, Lord Scrimgeour and Inverkeithing. ARMS.— Nisbet gives these as:— Gules, a lion rampant or, armed and langued gules, holding in his dexter paw a crooked sword or scymetar argent. CREST. — A lion's paw holding a scymetar proper. SUPPORTERS. — Two greyhounds proper collared gules. MOTTO. — Dissipate. [j. B. P.] 1 Reg. of Baptisms, Dundee. 2 Forfar Sasines, ii. 482. 3 Reg. Sec. Sig. * Laing Charters, 2468. 5 Canongate Reg. 6 Inquis. Gen., 6708. 7 In 1669 Alexander Scrimgeour, son of the deceased John Scrimgeour of Fordell, and John Scrimgeour of Kirktoun are cited as the Earl's heirs of tailzie ; Gen. Reg. of Inhibitions, 22 February 1669. GRAHAM, VISCOUNT OF DUNDEE OBERT GRAHAM, the first of Strathcarron and Fintry, eldest son of William, Lord of Graham (see title Montrose), and Mary Stewart, daughter of King Robert in., married, first, Janet, daughter of Sir Richard Lovel of Ballumbie. By her he had issue : — 1. Robert Graham of Fintry, married, under an indenture 7 August 1476, Elizabeth, third daughter of, George Douglas, The Grahams of Fintry, fourth Earl of Angus.1 Forfar, descend from this marriage. Robert Graham of Strathcarron and Fintry married, secondly, Matilda Scrymgeour, daughter of Sir James Scrymgeour of Dudhope.2 By her he had issue : — 1. JOHN, from whom descend the Grahams of Olaverhouse. 2. David.3 JOHN GRAHAM, of Ballargus, son of Robert Graham, of Strathcarron and Fintry, by Matilda Scrymgeour/ ob- tained a charter 9 March 1480-81 (confirmed under the Great Seal, 18 February 1482-83) of the lands of Ballargus in 1 Fraser, Douglas Book, iii. 106. This marriage is wrongly described in Ibid., ii. 64, as transmitting Douglas blood to the Grahams of Claverhouse. 2 Reg. Mag. Sig., 1424-1513, p. 327; Douglas Book, iii. 118. 3 Douglas Book, iii. 107. 4 Ibid., 118. GRAHAM, VISCOUNT OF DUNDEE 317 the regality of Kirriemuir.1 He was a minor at the time of his father's death,2 but had attained full age by 14 November 1503, on which date he granted to Sir James Scrymgeour of Dudhope, his 4 erne,' tutor testamentar, and curator, a discharge of his intromissions with ' all and haile my landis of Ballargus, Bawlone, Drumgeith, Myrtoun, and of all and haile my landis and annuell rent Hand within the burgh of Dunde and utwith.'3 Subsequent to 14 Nov- ember 1503 he acquired the lands of Olaverhouse.4 Upon his death, which apparently took place before 31 July 1511, he was succeeded by his son and heir,5 JOHN GRAHAM, who is said to have received a precept on 31 July 1511 for infefting him as his father's heir in Bal- largus and Claverhouse.6 He is the first who is distinctly styled 4 of Claverhouse.' Upon the forfeiture of Archibald, sixth Earl of Angus, their superior, he received a charter 14 March 1529-30 of ten merks annualrerit from the lands of Kirkton of Strathdichty.7 On 11 November 1532, as heir to his father deceased, he received a charter of Claverhouse and Ballargus, to be held of the Crown, the Earl of Angus being forfeited.8 He died between July 1547 and April 1548.9 John Graham married Margaret, fourth daughter of John Beton of Balfour, Fife, a sister of the Cardinal.10 By her " he had issue : — 1. JOHN, who succeeded upon his father's resignation. 2. WILLIAM, who also succeeded. 3. A daughter.12 4. Alison, married Gilbert Primrose, chirurgeon, burgess of Edinburgh.13 By him she had a daughter, who married, first, Gourlay, burgess of Edinburgh 1 Reg. Mag. Sig. Cf. Douglas Book, iii. 119. 2 Robert Graham of Strathcarron and Fintry was alive in 1487 (Douglas Book, iii. 119). 3 Acta Dom. Cone., xvii. 36. 4 A precept of dare constat 31 July 1511 is quoted in Warden, Forfarshire, iv. 287, for infefting his son as his heir in the lands of Claverhouse, Ballargus, etc. The document has eluded every endeavour to trace it. The charter of 11 November 1532 (see below) is, however, confirmation of his acquisition of Claverhouse. 5 Acta Dom. Cone., xxiv. 36. ° Warden, Forfarshire, iv. 287. 7 Reg. Mag. Sig. 8 Acta Dom. Cone., xxiv. 36. The charter was reduced at the Earl's instance in 1548, his forfeiture having been withdrawn. 9 Ibid., xxiii. 157; xxiv. 36. 10 Macfarlane, Genealogical Collections, i. 11 ; Reg. Mag. Sig., 1513-46, p. 119. » She was alive in 1546 (Acta Dom. Cone., xxi. 80). l2 Macfarlane, i. 11. 13 Reg. of Deeds, ix. 275. 318 GRAHAM, VISCOUNT OF DUNDEE (and had issue Gilbert, Robert, and David Gourlay), and secondly, Alexander Clerk, Provost of Edin- burgh.1 JOHN GRAHAM, elder son of John Graham and Margaret Beton. Upon his father's resignation he received, 13 July 1541, a Crown charter erecting Claverhouse and Ballargus and their pertinents into the free tenandry of Claverhouse.2 He died before July 1547 s. p.3 WILLIAM GRAHAM, younger son of John Graham and Margaret Beton, brother of the preceding. He was a minor at the time of his father's death,4 but had presum- ably attained his majority by 20 June 1552, on which date he had a precept of clare constat from Archibald, sixth Earl of Angus, for infefting him as heir to his father.6 He died before 7 November 1572.6 William Graham married, 5 November 1556, Egidia (Geillis) Gaw,7 a member of the family of Gaw of Maw, Fife.8 She survived her husband, and contracted herself, 20 January 1574-75, in marriage to Robert Graham of Knockdolian, who alienated to her and his children by her, the sunny half of the lands and barony of Dod or Muirlathrinewood, Forfar, of which she took sasine 5 October 1575,9 though the contract of marriage was not implemented.10 On 8 November 1583 she took sasine of a part of the lands of Drumkilbo, purchased by her from David Tyrie of Drumkilbo.11 She appears in the 4 Chairge of the Ren tall of the Master of the Hospital of Dundee ' in 1588.12 She died in August 1594, her testament being dated at the * Barnes of Claverhous,' 16 August of that year.13 1 Macfarlane, i. 11. 2 Eeg. Mag. Sig. This charter, with that of 1532, was reduced at the instance of the Earl of Angus in 1548. 3 Acta Dom. Cone., xxiii. 157. 4 Ibid., xxiv. 36. 5 Scrymgeour-Wedderburn Charter-chest, box vii., bundle i., No. 1. 6 Ibid., No. 2. 7 Protocol Book of T. Dalrymple, 43, in Gen. Reg. Ho. 8 Ibid. Her husband, William Graham, is found acting as arbiter in a family dispute between the Gaws of Maw in 1570 (Eeg. of Deeds, xii. 85). 9 Robert Wedderburn's Protocol Book, 30 March 1575-16 November 1576, Dundee Charter-room, ccxliii. 34. 10 On 5 March 1587-88, Elizabeth Sempill, relict of Robert Graham of Knockdolian was living (Reg. Mag. Sig., 1580-93, p. 507). 11 Robert Wedderburn's Protocol Book. 12 Thomson, History of Dundee, ed. Maclaren, 1874, App. xxiii. No. 113, who inaccurately gives 1565 for 1588. 13 Edin. Tests., 22 July 1595. GRAHAM, VISCOUNT OP DUNDEE 319 By Egidia Gaw William Graham had issue :— 1. WILLIAM, who succeeded; called eldest son in his mother's testament. 2. Alexander, appointed executor of his mother's testa- ment. 3. John, called youngest son in his mother's testament, and a creditor on her estate for four hundred merks. On 29 April 1592 he had letters of remission for having been concerned in the accidental death of Isobel Chalmers, daughter of James Chalmers, mer- chant-burgess of Edinburgh.1 He was surviving on 10 September 1594.2 4. Margaret, married, first, Alexander Ogilvie of Labothie (contract 3 July 1581),3 and secondly, after 3 June 1592, John Inglis of Ardit.4 SIR WILLIAM GRAHAM, eldest son of William Graham and Egidia Gaw, took sasine as heir to his father 7 November 1572.5 On 22 March 1600 he was placed under caution to refrain from taking part in the feud between Alexander, Lord Spynie, and James, Master of Ogilvie.6 He was admitted burgess of Dundee on 25 July 1603 ' for his many services to the commonweal,'7 and received knighthood at the time of James vi.'s accession to the English throne.8 He appears upon a jury of assize on 2 April 1608,9 and on 20 May 1608 was appointed to regulate twice yearly the price of boots and shoes in Dundee.10 On 6 November 1610 he was appointed Justice of the Peace for Forfarshire.11 On 22 June 1613 he received license to leave Scotland and to remain abroad for five years.12 He had returned, however, by 7 December 1616, on which date he was again placed upon the Commission of the Peace for the county.13 When James vi. visited Scotland, Sir William was directed, 3 May 1617, to arrange for the transport of 1 Reg. Mag. Sig., 29 April 1592. 2 P. C. Reg.,v. 636. 3 Robert Wedder- burivs Protocol Book, July 1580, April 1585, Dundee Charter-room, ccxlvii. 33. 4 Reg. of Deeds, Ixvi. 11 July 1598; Reg. Mag. Sig., 3 June 1592. See ibid., 20 January 1618. 6 Scrymgeour-Wedderburn Charter-chest, box vii., bundle i., No. 2. 6 P. C. Reg., vi. 94. William Graham, tutor of Fintry, acted as his surety (ibid., vi. 642). 7 A. H. Millar, Eminent Burgesses of Dundee, 96. 8 He was knighted between 25 July 1603 and 16 May 1604 (P. C. Reg., vii. 551). 9 Reg. Mag. Sig. l° P. C. Reg., viii. 93. 11 Ibid., ix. 78. 12 jwa., x. 87. 13 Ibid., 668. 320 GRAHAM, VISCOUNT OF DUNDEE the King's baggage between Dundee and Kinnaird.1 On 20 January 1618 he had a Crown charter of confirmation of the lands of Balmullo, Fife,2 which, however, he resigned, with the assent of his sons George and Walter (resignation confirmed under the Great Seal 16 June 1632), to Andrew Aytoun of Logie.3 From Sir Colin Campbell of Lundie Sir William had a charter (instrument of sasine 30 June 1623) of a fourth part of Balkello.4 On 20 August 1623 his commission as Justice of the Peace for Forfarshire was renewed.5 He had from Sir William Graham of Claypotts, and his son and heir David, charters of the lands of Gotterstone (12 October 1619) and of the lands of Claypotts (10 August 1620) in the neighbourhood of Claverhouse,6 and on 8 June 1625 he received a confirmation charter of them.7 Sir William's name appears in July 1625 among the Justices who had acted as Sheriffs,8 and he signs a report, 1 August 1626, on the price of stock in Forfarshire.9 On 20 December 1627 he was threatened with horning for neglecting to report on the fencible men in the parishes of Liff and Inver- gowrie.10 On 28 February 1628 Sir William was appointed to take submissions regarding the teinds in Forfarshire.11 On 22 April 1628 he and his colleague, Sir Harry Wood, were admonished by Council to procure more submissions, and made answer that ' they knew nane quho wald refuise to subscry ve.' 12 On 7 June 1628 Sir William had a charter from Robert Clay hills of Baldovie, merchant-burgess of Dundee, of the lands of Hilltoun of Craigie,' 13 and on 22 September 1628 took sasine, proceeding on a charter by the same, of the lands of Mylnetoun of Craigie, lying at the north side of Dundee.14 On 12 May 1630 sasine w^as given, proceeding on a charter of vendition of 3 and 7 May 1630 by Sir Colin Campbell of Lundie to Sir William, of the barony of Lundie, and in special warrandice, the lands of Balkello, Balkemback, Balcalk, Tealing, Balgray, Shielhill, etc., in the parish of Tealing, For far,15 of which Sir William 1 P. C. Reg., xi. 118. 2 Reg. Mag. Sig., 20 January 1618. 3 Ibid., 16 June 1632. 4 Scrymgeour-Wedderburn Charter-chest, box iv., bundle iii., No. 2. 5 P. C. Reg., xiii. 347. 6 Scrymgeour-Wedderburn Charter-chest, box iv., bundle iii., No. 3. 7 Reg. Mag. Sig. 8 P. C. Reg., 2nd series, i. 660. 9 Ibid., 671. 10 Ibid., ii. 170. " Ibid., 248. 12 Ibid., 310. 13 Scrymgeour- Wedderburn Charter-chest, box iv., bundle iii., No. 4. 14 Ibid., box vii., bundle i., No. 3. 15 Ibid., Nos. 4, 5, 6. GRAHAM, VISCOUNT OF DUNDEE 321 received a Crown charter of confirmation 10 July 1630.1 In the Parliament of 1633 Sir William represented Forfarshire.2 From Thomas Ogilvie of Ogilvie, with the consent of his wife, Margaret Heriot, and others, Sir William received a charter, 16 July 1640, of the lands and barony of Glen of Ogilvie, in the parish of Glamis.3 From Thomas Ogilvie Sir William also acquired (charter 17 November 1621), a fourth part of the lands of Balkello.4 Sasine was taken by Sir William's son George on 3 February 1645. A charter of confirmation, 14 July 1662, affirmed the validity of the con- firmation notwithstanding that sasine had been taken before it, and that all the parties were dead.5 Sir William acted as one of the curators of his kinsman James, first Marquess of Montrose.6 He died between 29 October 1641 and 18 February 1642.7 Sir William married, first, Agnes, daughter of Robert Lundie of Balgonie, Fife,8 who died in November 1613 ; 9 and, secondly, circa 1616-17,10 Margaret Murray, relict of George Young, Archdeacon of St. Andrews,11 from whom Sir William separated ' many yeiris ' before March 1634.12 By his first wife only, Agnes Lundie, Sir William had issue : — 1. William, had licence 13 September 1615 to remain abroad for three years.13 He died before 13 August 1619.14 2. GEORGE, who succeeded, called second son 5 January 1615.15 3. Walter.16 He received from James, Viscount of Dud- hope, a tack, 12 January 1644, and heritable disposi- 1 Eeg. Mag. Sig. 2 A eta Parl. Scot., v. 9. 3 Reg. Mag. Sig., Ix. 134. 4 Scrymgeour-Wedderburn Charter-chest, box iv., bundle iii., No. 1. 6 Reg. Mag. Sig., Ix. 134; Scrymgeour-Wedderburn Charter-chest, box vii., bundle i., Nos. 19, 20. 6 Eraser, Hist, of the Carnegies, i. 131. 7 Forfar Inhibitions, 8 March 1642. 8 Fife Inhibitions, 27 March 1596. 9 St. Andrews Tests., 26 March 1614. 10 Archdeacon Young died 27 December 1615 (Edin. Tests., 6 January 1617). n Reg. Mag. Sig., 9 Feb- ruary 1601. 12 A decreet arbitral by the Lord Chancellor, the Archbishops of St. Andrews and Glasgow, and the Earl of Lauderdale, dated 14 and 15 March 1634, bears that Sir William and Margaret Murray had separated 'upon certane just and necessar causis knawin to themselffis thair freindis and the haill cuntrey.' Sir William had bestowed upon her an annual aliment of six hundred merks Scots, which by this decreet was increased to one thousand merks Scots (Reg. of Deeds, cccclxxiii., 22 March 1634). 13 P. C. Reg., x. 393. 14 Reg. Mag. Sig., 8 June 1625. 15 Fife Inhibitions, 5 January 1615. 16 Reg. Mag. Sig., ut sup. VOL. III. X 322 GRAHAM, VISCOUNT OF DUNDEE tion, 20 January 1644, of the teinds, parsonage and vicarage, of the lands of Duntrune, and mill lands of the same.1 He was admitted burgess of Dundee on 20 February 1650.2 He married (contract 27 April 1630) Elizabeth, daughter of David Guthrie of that Ilk, sister of Alexander Guthrie of Kincaldrum.3 From him descend the Grahams of Duntrune. 4. Margaret, married, first (contract 28 June and 21 July 1606), to George Symmer, fiar of Balzeordie;4 and secondly, in 1616, to Robert Arbuthnot, son of David Arbuthnot of Findowrie.5 5. Mariot, married (contract October 1615) to Alexander Guthrie of Kincaldrum.6 6. Helen, married (contract 22 November 1616) to George Lundie of Wester Denhead.7 GEORGE GRAHAM, second son of Sir William Graham and Anne Lundie. He was on the Commission of the Peace for Forfarshire in November 1616.8 On 21 January 1618 the Council issued an injunction for his compearance to answer a charge of brawling at Perth on 1 December 1617.9 On 30 March 1620 he was admitted burgess and guild brother of Dundee.10 In the Burgess Roll he is styled 'Magister,' which implies his graduation at some univer- sity, probably St. Andrews.11 On 28 May 1631 George Graham had from John Gray, portioner of Mylnetoun, a charter of a third part of Mylnetoun of Craigie, and took sasine 12 September 1631.12 On 21 May 1643 he had a charter from James, second Viscount of Dudhope, of the lands and mill of Balluny, and received sasine 5 July 1643.13 From James, Viscount of Dudhope, he also obtained a tack, 8 January 1644, and a charter, 17 January 1644, of the 1 Duntrune MSS. 2 Millar, Eminent Burgesses, 161. 3 Protocol Book of Thomas Wichtane, Gen. Keg. Ho., 246. 4 Forfar Inhibitions, 3 August 1613. 6 Jervise, Land of the Lindsays (ed. 1882), 432; Reg. Mag. Sig., 1620-33, p. 660 ; Forfar Sasines, i. 175. 6 Reg. Mag. Sig., 31 July 1633. 7 Forfar Inhibitions, 3 August 1642. 8 Analecta Scotica, ii. 329. 9 P. C. Reg., xi. 620. 10 Millar, Eminent Burgesses, 113. n In the Matri- culation Roll of St. Andrews the name 'George Graham' appears in 1605, 1608, 1630. As George Graham of Claverhouse was of age in 1616, he may possibly have been the George Graham who matriculated in 1605. 12 Scrymgeour-Wedderburn Charter-chest, box vii., bundle i., Nos. 8, 10. 13 Ibid., Nos. 14, 15. GRAHAM, VISCOUNT OF DUNDEE 323 teind-sheaves of his lands of Mylnetoun of Oraigie, Balluny, etc. (instrument of sasine 27 February 1644).1 From Sir William Graham of Claypotts, and David Graham his son and heir, George Graham also acquired a third part of the lands of Wariston, in the shire of Forfar.2 On 29 July 1644 he received acknowledgment of £4000 Scots advanced by him to the Committee of Estates.3 On 28 January 1645 he is named as one of the cautioners of James, Marquess of Montrose.4 He died in or about April 1645.5 George Graham married (contract 8 July 1620), Mariot Fotheringham of Powrie,6 and by her had issue : — 1. WILLIAM, who succeeded. 2. Thomas, married Jean, daughter of Sir Alexander Blair of Balthayock, and received with her, by a charter confirmed under the Great Seal, 26 January 1663, the lands of Potejito, in the barony of Meigle, co. Perth.7 3. Margaret, married (contract 4 July 1644 8) to Alex- ander Strachan, younger of Glenkindie.9 4. Jean, married in 1648 to Walter Graham, younger of Boquhapple.10 5. Elizabeth, married (contract 11 July 1661) to John, eldest son of Sir John Gordon of Park.11 WILLIAM GRAHAM,12 elder son of George Graham and Mariot Fotheringham. He was appointed upon the Com- mittee of War for Forfarshire on 2 February 1646, 26 March 1647, and 18 April 1648.13 On 9 March 1649 he was ordered to make an advance upon the public credit, among others who had not ' lent any money to the publict in the tyme of the Troubles,' and were 'for the late engage- ment.' l< In the previous year the Estates, by disposition 21 February 1648, granted to William Graham as ' his just proportion ' of the confiscated estates of the first Marquess 1 Scrymgeour-Wedderburn Charter-chest, box vii., bundle L, Nos. 16, 17, 18. 2 Ibid., No. 23. 3 Duntrune MSS. 4 Acta Parl. Scot., vi. pt. i. 300. 6 Register of Retours, xxxv. 35. He was surviving on 3 February 1645 (Scrymgeour-Wedderburn Charter-chest, box vii., bundle i., No. 19). 6 Forfar Sasines, i. 157; see ibid., i. 158. 7 Reg. Mag. Sig., Ix. 246; see ibid., Ixx. 315. 8 Duntrune MSS. 9 Alexander Strachan had a charter to him and the heirs to be begotten between him and Margaret Graham his future spouse, 5 August 1644. Sasine was not taken till 1656 (Aberdeen Sasines, xix. 8). 10 Stirling Sasines, viii. 316. » Reg. Mag. Sig., Ixi. 93. 12 He is generally but inaccurately styled ' Sir.' 13 Acta Parl. Scot., vi. pt. i. 560, 814 ; vi. pt. ii. 36. 14 Ibid., 709. 324 GRAHAM, VISCOUNT OF DUNDEE of Montrose, the lands of Foswell, Clunie, Ooull, Balzeaman alias Dunmure, and half the lands of Pothill, all in the barony of Aberuthven, in the parish of Auchterarder, Perth.1 The foregoing lands were disponed by William Graham's widow to his son and heir John, in a deed of 2 April 1653.2 On 17 July 1657, the Protector, inter alia, confirmed Lady Graham's deed of 2 April 1653.3 After the Restoration the forfeited lands reverted to the Marquess of Montrose and are specified in a discharge and re- nunciation by John Graham of Balgownie, 3 March 1668.4 William Graham died before 3 February 1653. William Graham married (contract 7, 15, and 24 February 1645) Magdalene, fifth daughter of John Carnegie, after- wards first Earl of Northesk,5 and received with her a tocher of 20,000 merks.6 She survived him, and died before 5 October 1675.7 They had issue :— 1. JOHN, first Viscount of Dundee and Lord Graham of Olaverhouse, who succeeded. 2. DAVID, third Viscount of Dundee and Lord Graham of Claverhouse. 3. Magdalene, married (contract 1665) to Sir Robert Graham of Morphie.8 She was his second wife,9 and died in November 1719.10 By Sir Robert she had a son, Francis.11 4. Anne, married (liferent charter to her 24 November 1666) to Robert Young of Auldbar.12 By him she had issue Anna, married (contract 6 February 1707) to James Barclay of Balmakewan.13 William, eldest son of Anna and James Barclay of Balmakewan, had the entail, 10 May 1743, of Morphie from Captain Francis Graham, son of Magdalene Graham and Sir Robert Graham of Morphie, on which followed a Crown charter of confirmation 13 February 1744.14 I. JOHN GRAHAM, first Viscount of Dundee and Lord 1 Gen. Reg. Sas., xviii. 413. 2 Duntrune MSS. 3 Reg. Mag. Sig. 4 Gen. Reg. Sas., xviii. 413. 6 Fraser, History of Carnegies, ii. 357. 6 Reg. of Deeds, 8 November 1646. 7 Fraser, History of Carnegies, ii. 358. 8 Reg. of Deeds, Mack., xxxv. 28 September 1674 ; Gen. Reg. Inhib., 8 December 1673. 9 Reg. of Deeds, Mack., xxxv., 28 September 1674. 10 St. Andrews Tests. n Ibid. 12 Gen. Reg. Sas., xvi. 43, 64. 13 Ibid., xciv. 29. 14 Reg. Mag. Sig., xcviii. 68. The entail was recorded in the Register of Tailzies, 6 January 1744 (x. 224), Captain Francis Graham being then deceased. GRAHAM, VISCOUNT OP DUNDEE 325 Graham of Claverhouse, elder son, but probably not the eldest child, of William Graham and Magdalene Carnegie, was born between 24 June and 5 August 1648,1 probably in July 1648.2 He was served heir-general to his father 3 February 1653.3 On 22 September 1660 he was admitted burgess of Dundee.4 He had probably since 1658 been a student at the University of St. Andrews, and was admitted, 29 February 1660, to the third year philosophy class in St. Salvator's College. On 27 July 1661 he graduated Master of Arts.5 Coincident with the attainment of his fourteenth year the ward of Claverhouse and his marriage were granted, 14 July 1662, to David, Lord Lour, afterwards second Earl of Northesk.6 On 11 February 1669 he was appointed a Commissioner of Excise and Justice of the Peace for Forfarshire.7 His commission was withdrawn on 24 June 1669, ha being still a minor.8 On 2 September 1669 it was restored,9 indicating the attainment of his majority in the interval. On 5 August 1669 he had a precept from James, second Marquess of Douglas and Earl of Angus, for infefting him as his father's heir in the two halves of Easter Brigton and a half of a third part of Monifieth, and had sasine 22 February 1670.10 On 11 December 1669 he received a precept from the same for infefting him as heir to his grandfather in the lands of Ballargus and Claverhouse, followed by sasine 22 February 1670.11 He was still exercising his commission as Justice of the Peace on 6 April 1671, 12 and his earliest military service abroad cannot have occurred earlier than that 1 On 24 June 1669 he was removed from the Commission of the Peace for Forfarshire as being still a minor (Privy Council Acta, November 1667-June 1673, fol. 227). On 5 August 1669 he had precept of clare constat as his father's heir in the lands of Easter Brigton (Scrymgeour- Wedderburn Charter-chest, box vii., bundle i., No. 25). 2 The ward of Claverhouse was on 14 July 1662 granted to David, Lord Lour. Thz date indicates the termination of Claverhouse's pupilage (Privy Seal, English Register, i. 111). 3 General Retours, xxi. 77. 4 Millar, Eminent Burgesses, 166. 5 Matriculation Roll and Faculty Quaestor's Book, St. Andrews. A John Graham matriculated 13 February 1665, and Napier (i. 18, 179) adopted him for Claverhouse, but that is improbable upon the ground of age. The only other John Graham recorded at St. Andrews between 1656 and 1665 is the one whose career is here followed. See Terry, John Graham of Claverhouse, 8. 6 Privy Seal, English Register, i. Ill, ? pt c. Acta, November 1667-June 1673, fol. 187, 8 Ibid., 227, 9 Ibid., 261. 10 Scrymgeour-Wedderburn Charter-chest, box vii., bundle i., Nos. 25, 27. " Ibid., Nos. 26, 28. 12 P. C. Acta, November 1667-June 1673, 478. 326 GRAHAM, VISCOUNT OF DUNDEE date. That he was first in French service is stated by the earliest authorities,1 and is probable. In 1672 recruiting was taking place in Scotland for regiments in French service, and conjeeturally Claverhouse may be identified with John Graham, commissioned junior lieutenant in Sir William Lockhart's regiment on 25 July 1672.2 In France Claverhouse was under the general command of James, Duke of Monmouth.3 Upon the withdrawal of England from active alliance with France in February 1674, Mon- mouth returned to England. Many of his officers took service under William of Orange, Claverhouse among them. In July 1674 he was admitted into William's Company of Guards.4 He was present at the battle of Seneife 11 August 1674, but his asserted rescue of William on that occasion is improbable.5 After taking part in the rest of the campaign of 1674 and all or part of that of 1675, Claver- house visited Scotland. His mother's death was probably the cause of his return. On 30 March 1676 he sailed on his return to Holland,6 was probably present at the siege of Maastricht, July- August 1676,7 and on 24 November 1676 received a commission as Ritmeester in Major Cabeljauw's regiment.8 He resigned it before 9 December 1677,9 and returned to Scotland. William of Orange, upon his visit to England in November 1677, had undoubtedly introduced Claverhouse to the notice of James, Duke of York. On 19 February 1678 James, third Marquess of Montrose, upon James's recommendation, offered him the lieutenancy of his troop in the Duke's Regiment of Horse, then being raised.10 Claverhouse did not accept Montrose 's offer, and on 27 February 1678 he obtained licence to leave Scotland.11 He had returned, presumably, by 18 June 1678, when he had special service as heir to his grandfather and great-grandfather in Gotter- 1 Memoirs of Locheil, 273 ; Memoirs of Dundee, 1714, ed. Jenner, 3 ; Grameid, ed. Murdoch, 41. On the other hand Burnet and Morer, Short Account of Scotland, are silent regarding Claverhouse's French service. 2 Dalton, English Army Lists, i. 121. 3 Monmouth's commission to command the English subjects in France is dated 29 January 1673. On 20 May 1673 he was appointed ' lieutenant-general des armes du roi ' (Fieffe, Histoire des Troupes tftrangeres, 175). 4 Carleton, Memoirs, 12, 13. 5 See Terry, John Graham of Claverhouse, 20. 6 Fraser, Eed Book of Grandtully, i..p. cxl. 7 Cf. Carr, Particular Account of the Siege of Maastricht ; Bernardi, Life. 8 State Archives. The Hague. 9 Ibid. 10 Duntrune MSS. n P. C. Acta. GRAHAM, VISCOUNT OF DUNDEE 327 stone, etc., and Ogilvie.1 On 10 July 1678 he was appointed a Commissioner of Supply,2 and on 23 September 1678 he was commissioned Captain of one of three troops of horse raised for service in Scotland.3 On 27 February 1679 he was appointed Sheriff-depute of Dumfries, Annandale, Wigtown, and Kirkcudbright,4 in which districts he had been enforcing the laws against conventicles since December of the previous year.5 He was defeated at Drumclog, 1 June 1679, but behaved with distinction at the battle of Bothwell Bridge, 22 June 1679.6 On 25 July 1679 he went up to London,7 and established himself in the Duke of York's friend- ship and interest. He possibly returned to Scotland with the Duke upon the latter's departure from London on 27 October 1679,8 and on 6 January 1680 he received instruc- tions to hunt out rebels in his shrievalty.9 On 21 April 1680 he was granted the escheat of Patrick Macdougall of Freuch,10 and on 11 May 1680 he received royal letters con- verting his holding of the barony of Ogilvie from simple to taxed ward.11 By 3 July 1680 Claverhouse was in London, prosecuting his suit to Helen Graham, cousin of William, eighth Earl of Menteith. At the same time he was endea- vouring to procure his own succession to the earldom.12 On 6 September 1681 he received from the Estates a ratifi- cation of the escheat of Freuch and of the royal letter of 11 May 1680, regarding the barony of Ogilvie.13 His stay in London was probably prolonged. There is no evidence of his being in Scotland until 7 October 1681, on which date he received the freedom of Stirling.14 On 26 November 1681 he narrowly escaped drowning during his passage from Burntisland to Leith.15 He was upon the jury at the trial of Archibald, ninth Earl of Argyll, on 12 and 13 December 1681, 16 and on 19 January 1682 he was commissioned Sheriff of Wigtown in the room of Sir Andrew Agnew of Lochnaw, 1 Services of Heirs, Forfar, Nos. 475, 476 ; Scrymgeour-Wedderburn Charter-chest, box iv., bundle iii., Nos. 6, 7. 2 Acta Parl. Scot., viii. 228. 3 Warrant Book, Scotland, iv. 421. 4 Wodrow, iii. 20. 5 Smythe, Letters, 1. 6 A further and more particular Account of the total Defeat of the Rebels in Scotland. Brit. Museum. T. 3* (66). 7 Wodrow, iii. 172. 8 London Gazette, No. 1455. 9 Wodrow, iii. 182. 10 Privy Seal, English Register, iii. 341. n Warrant Book, Scotland, vi. 23. 12 Fraser, Red Book of Menteith, ii. 183. 13 Acta Parl. Scot., viii. 314-315. 14 Records of the Royal Burgh of Stirling, 33. 15 Alexander Tyler, The Tempest. 10 Wodrow, iii. 337. 328 GRAHAM, VISCOUNT OF DUNDEE who had refused the Test, and Bailie of the Regality of Tongland in room of Viscount Kenmure.1 For the next four months he was engaged in Galloway, and on 15 May 1682 he received the thanks of the Council for his services.2 On 25 December 1682 he was commissioned Colonel of His Majesty's Regiment of Horse, formed out of the three independent troops with which he had been associated since 1678, with the addition of a fourth.3 On 12 February 1683 he obtained a verdict in his favour in a dispute with Sir John Dalrymple arising out of the exercise of his Sheriff's commission in the previous August.4 Early in March 1683 he proceeded to London,5 and by the middle of May 1683 returned to Scotland,6 having secured his promotion to the Privy Council (royal letter 11 May 1683) ,7 and a gift of £200 (14 May 1683).8 On 23 April 1684 Claverhouse received a Crown charter erecting into the barony of New Dundee, upon the resignation of Charles, Earl of Lauderdale, and Lord Richard Maitland, the lands and castle of Dudhope, the office of Constable of Dundee, with the right to be first magistrate and officer under the King within the town of Dundee and its territories.9 On 15 July 1684 Claverhouse was placed upon the Sub- Committee of Council for Public Affairs,10 and on 1 August 1684 the Council approved his appointment to the joint- command of the troops in Ayr and Clydesdale.11 He was placed upon the Commission of Justiciary for the south- western districts on 6 September 1684.12 Upon the death of Charles n. (6 February 1685) Claverhouse was among the members of Privy Council who signed the proclama- tion of James vn.'s accession at Edinburgh, 10 February 1685.13 But his marriage to a Whig Cochrane (10 June 1684) furnished opportunity to his enemies to question the soundness of his principles, and his request to be allowed to come to London to meet a charge of discourtesy to Queensberry was not granted (28 February 1685).14 His 1 Paper Register, x. 258 ; Warrant Book, Scotland, vi. 594. Both commissions were ' during the King's pleasure/ 2 Wodrow, iii. 371. 3 Duntrune MSS., where the original commission is preserved. 4 Fountain- hall, Decisions, i. 217. 6 Fifteenth Rep. Hist. MSS. Com., App. pt. viii. 275. 6 Ibid., 189. ? Warrant Book, Scotland, viii. 59. 8 Ibid., 70. Q Reg. Mag. Sig., Ixix. 155. 10 Wodrow, iv. 31. " Ibid., 33. 13 Ibid., 113. 13 Ibid., 202. " Buccleuch and Queensberry MSS., Hist. MSS. Com., ii. 219. GRAHAM, VISCOUNT OF DUNDEE 329 commission as colonel was renewed on 30 March 1685,1 but his continued refusal to pacify Queensberry, now High Commissioner, caused Claverhouse's exclusion from the Privy Council (3 March 1685). 2 A peremptory letter of the King (16 April 1685), ordering him to apologise to Queensberry,3 was seemingly obeyed. The summary exe- cution of John Brown of Priesthill on 1 May 1685 by Claverhouse sufficiently negatived the suspicion which had contributed to his temporary disgrace.4 On 11 May 1685 an order for his readmission to the Privy Council was signed.5 On 18 May 1685 he was commissioned Brigadier of Horse and Foot in Scotland,6 in the crisis caused by Argyll's rebellion. On 16 July 1685 he took the oath as a Privy Councillor,7 and early the next month again desired leave to come up to London.8 It is pos- sible that he obtained it;9 but he had returned to Scotland by 15 October 1685, when he was present in Council.10 In December 1685 he was again in London, and returned to Scotland, 24 December,11 with the grant (21 December 1685) of the title ' His Majesty's Own Regiment of Horse' for his regiment.12 For the next nine months there is little record of Claverhouse's actions. On 20 Sep- tember 1686 he was promoted Major-General in Scotland,13 and on the same date received a warrant for a pension, during pleasure, of £200 sterling.14 On 27 June 1687 he again proceeded to London,15 but returned to Scotland by 8 February 1688.16 In obedience to a royal letter, Claver- house was installed, 27 March 1688, Provost of Dundee.17 On 4 May 1688 he was appointed upon the Commission of the Treasury,18 and on 26 May 1688 he was placed by Council upon a Committee of Trade.19 Upon the news of William of Orange's projected invasion the Scottish forces 1 Warrant Book, Scotland, ix. 361. 2 Warrant Book, Gen. Reg. Ho. 3 Buccleuch and Queensberry MSS., ii. 220. 4 For an examination of Claverhouse's conduct in the ' Killing Time,' see The Despot's Champion, and Terry, John Graham of Claverhouse. 6 Warrant Book, Scotland, ix. 499. 6 Ibid., 525. 7 P. C. Acta, Feb. -Dec. 1685, fol. 105. 8 Buccleuch and Queensberry MSS., ii. 92. 9 He is not mentioned on the sederunt of Council between 20 July and 15 October 1685. 10 P. C. Acta. n Fountain- hall, Chronological Notices, 154. 12 Warrant Book, Scotland, x. 285. 13 Duntrune MSS. 14 Warrant Book, Scotland, xi. 341. 15 Fountainhall, Chronological Notices, 217. 16 Wodrow, iv. 449. 17 Ms. Minute-Book of the Town Council of Dundee. 18 Warrant Book, Scotland, xiii. 3. 19 Ibid., 104. 330 GRAHAM, VISCOUNT OF DUNDEE were ordered (27 September 1688) to march into England.1 Claverhouse accompanied them, and took part in the brief campaign. On 12 November 1688 he was created VIS- COUNT OP DUNDEE and LORD GRAHAM OF CLAVER- HOUSE.2 The patent was granted with remainder to the heirs-male of his body, whom failing, to his other heirs- male. After James's flight from London (18 December 1688) he returned to Scotland. He presided over the Dundee Council on 24 February 1689,3 and probably con- tinued in residence at Dudhope until the meeting of the Convention at Edinburgh on 14 March 1689. Dundee signed the roll of Parliament on that day,4 but, protesting that his life was in danger, returned to Dudhope 18 March,5 and on 30 March was proclaimed a 'fugitive and rebel.'8 About the middle of April Dundee set out from Dudhope with a few horse.7 On 1 May he appeared before Inver- ness ; 8 surprised Perth on 11 May ; 9 and made an unsuc- cessful attempt upon Dundee on 13 May.10 From Dundee he withdrew to GJenroy, whence, on 26 May, he advanced towards Speyside.11 After being in close touch with General Mackay, he returned to Lochaber towards the middle of June.12 A month later Mackay 's advance from Edinburgh upon Blair Castle drew Dundee to its defence. On 27 July he won the battle of Killiecrankie, but was shot through the head early in the engagement, and was carried to Blair, where, in the church of St. Bride, he was buried.13 John Graham married (contract 9 June 1684) Jean, daughter of William, Lord Cochrane, and grand-daughter of William, first Earl of Dundonald.14 She married, secondly, William, third Viscount Kilsyth, and, with her son by him, was accidentally killed at Utrecht, 16 October 1695.15 Her body was brought to Scotland for burial 5 March 1696.18 1 Warrant Book of Scotland, xiii. 284. 2 Duntrune MSS. ; Reg. Mag. Sig., Ixxi. 89; Warrant Book, Scotland, xiii. 345. 3 Minute Book of the Town Council of Dundee. 4 Acta Parl. Scot., ix. 4. 5 Minutes of the Convention of Estates, Advocates' Library, MS., 33, 7, 8. 6 Ibid. 7 Gram- eid, 49. 8 Memoirs of Dundee, ed. Jenner, 17. 9 Twelfth Rep. Hist. MSS. Com., pt. viii. 37. 10 Account of the Proceedings of the Meeting of the Estates, No. 23, p. 64. » Grameid, 164, 167. 12 Acta Parl. Scot., ix., App. 55. 13 See Terry, John Graham of Claverhouse, 344, 350. 14 Smythe, Letters of Dundee, 88. 15 Twelfth Rep. Hist. MSS. Com., App. pt. viii. 49. 16 Account Book of Sir John Foulis, 190. GRAHAM, VISCOUNT OF DUNDEE 331 By her John Graham had issue, his only child and successor, II. JAMES GRAHAM, second Viscount of Dundee and Lord Graham of Claverhouse. He was baptized 9 April 1689,1 and died before 3 December 1689.2 He was succeeded by his uncle, III. DAVID GRAHAM, third Viscount of Dundee and Lord Graham of Claverhouse, second son3 of William Graham and Magdalene Carnegie, and brother of the first Viscount. On 22 September 1660 he was admitted burgess of Dun- dee.4 He probably matriculated at St. Andrews University on 13 February 1665, and, if so, graduated Master of Arts on 25 July 1668.5 On 7 October 1681 he received the freedom of Stirling,6 and on 25 December 1682 he was commissioned quartermaster in his brother Captain John Graham's troop of horse.7 On 12 May 1683 he was appointed ' during pleasure ' conjunct-Sheriff (with his brother) of Wigtown.8 On 21 February 1684 he was pro- moted cornet in his brother's regiment of horse, and his commission was renewed on 30 March 1685.9 He joined his brother in the campaign of 1689. On 12 May 1689 he was cited to appear before the Committee of Estates.10 He continued in arms after the battle of Killiecrankie, and late in August or early in September 1689 he was made prisoner while defending Robertson of Struan's house.11 He was imprisoned in Edinburgh Castle, and was released in exchange for Captain Ferguson shortly before 3 December 1689.12 A decree of forfeiture was passed against him 14 July 1690.13 He is mentioned among the Scottish officers in France who were preparing to embark at Dunkirk in May 1692.14 In June 1692 he appears in a list of officers 1 Register of Births, Mains Parish. 2 An Account of the Proceedings of the Meeting of Estates, No. 77, p. 172. 3 The tradition that he and his brother were twins does not harmonise with the ascertained facts of his career. 4 Millar, Eminent Burgesses, 166. 5 Matriculation Roll and Faculty Quaestor's Book, St. Andrews. 6 Records of the Royal Burgh of Stirling, 33. 7 Warrant Book, Scotland, vii. 484. 8 Ibid., viii. 73. 9 Ibid., 278; ix. 363. 10 An Account of the Proceedings of the Meeting of Estates, No. 23, p. 63. » Ibid,, No. 54, p. 176. ™ Ibid., No. 77, p. 171. 13 Ada Parl. Scot., ix. App. 61. 14 Queensberry and Buccleuch MSS., ii. pt. i. 293. 332 GRAHAM, VISCOUNT OF DUNDEE 'subsisted after La Hogue.'1 Upon his death2 the titular Viscounty devolved upon the Grahams of Duntrune. DAVID GRAHAM, fourth titular Viscount, was the son of Walter Graham of Duntrune and Elizabeth Guthrie (see page 322). He took sasine as his father's heir 27 October 1680 on a precept dated 23 February 1680.3 He died in January 1706.4 WILLIAM GRAHAM, fifth titular Viscount, was served heir-male special to his father, David Graham, 1 November 1706.5 He raised the standard at Dundee 1715 6 and was attainted. Following on a precept of 13 November 1716 the Magistrates and Council of Dundee infefted themselves in the mid-superiority of the lands of Duntrune 15 Novem- ber 1716.7 At the instance of the creditors of William Graham's estate an action of reduction and improbation was pursued before the Lords of Council and Session, and decreet of ranking was made 25 July and 22 November 1727. 8 William Graham married Christian Graham, daugh- ter of James Graham, merchant in Dundee.9 She deceased before 26 December 1729.10 The testament of William Graham was confirmed 10 April 1724.11 JAMES GRAHAM, 'writer in Edinburgh,' sixth titular Viscount, son and heir of the above William Graham, pur- chased the lands of Duntrune (decreet of sale 29 February 1728) at public roup, as ' only offerer,' and took sasine 27 July 1730 upon a charter (4 July 1730) from the Magis- trates and Council of Dundee as superiors. By a deed of disposition and assignation dated 26 November 1735 he sold the property to his uncle Alexander Graham, merchant in Dundee.12 James Graham took part in the rising of 1745, was attainted, and afterwards had a com- pany in French service under Lord Ogilvie. He died 1 Calendar of the Stuart Papers at Windsor, i. 74. 2 The year 1700 is generally given as that of his death. 3 Forfar Sasines, vii. 267. 4 Services of Heirs, William Graham of Duntrune, 1 November 1706. 6 Ibid. 6 Peter Rae, History of the Late Rebellion. 7 Scrymgeour-Wedderburn Charter-chest, box vii., bundle i., Nos. 29, 30. 8 Duntrune MSS. 9 Services of Heirs, Christian Graham, 6 February 1718. 10 Comm. Record ofBrechin, 52. n Ibid., 53. 12 Duntrune MSS. See G. E. C. Complete Peerage, iii. 209. GRAHAM, VISCOUNT OP DUNDEE 333 at Dunkirk in November or December 1759.1 Since his death the title has never been assumed. ARMS. — (Not recorded in Lyon Register.) John Graham of Olaverhouse bore on his seal a chief indented charged with three escallop shells, a double tressure flory counter - flory.2 CREST. — A phoenix rising out of flames. [C. S. T.] 1 Scots Magazine, xxi. 663. 2 Red Book of Menteith, ii. 460. COCHRANE, EARL OF DUNDONALD HIS family is first found under the designation of Ooveran or Oochrane, on the five-mark lands of that name near Paisley, in Renfrewshire. The first known of the name is Waldeve de Oochrane, a witness to a charter of date Wednesday, 20 days after St. Hilary's feast, 1262, granted by Dugal, son of Syfyn or Mac- Swein, to Walter Stewart , fifth Earl of Menteith, of the lands of Skipnish, Kedeslat, and others in Oantire.1 The next of the name found on record is WILLIAM OF OOCHRANE, who is more easy to locate, as he is named among others of the neighbourhood of Paisley who signed their submission to Edward I. in the Bagman Roll, 1296.2 JOHN OF OOCHRANE, the next on record, appears as a witness to a notarial copy made in the year 1346, of an ancient bull of Pope Honorius in. in 1219, dealing with the creation of an Abbot of Paisley.3 GLOSMUS, GOSCELINUS, or OosMUS4 DE OOCHRANE is the 1 Red Book of Menteith. In 1710 this writ, if not in the Argyll Charter- chest, was recorded in the Inventory (Hamilton's Hist, of Renfrew, Mait- land Club, 82). 2 C.al. Doc. Scot., ii. 3 Reg. de Passelet, 8-10. 4 He is thus variously styled in different writs. Bunfconafo COCHRANE, EARL OF DUNDONALD 335 next who appears. He is first named as a witness to a grant made by Robert n. (when Earl of Strathearn) to the Monastery of Paisley in 1367.1 He is styled Oosmus de Cowran in a charter by Robert, Stewart of Scotland, to John Logan, some time before 1371. 2 He was succeeded by his son WILLIAM COCHRANE, who, on 28 July 1360, as son of Goslin of Cochrane, had a grant of ten-merk lands in Lang- newton, co. Roxburgh, from John Lindsay, Lord of Dunrod, with maintenance for himself and a certain number of attendants and men-at-arms and horses in time of war and peace.3 It was probably he who received a ratification of the barony of Cochrane from Robert n. on 22 September 1389.4 He died before 1392, in which year Mary his widow was married to Sir William Dalzell (see title Carnwath), and renounced her right to terce from her late husband's lands of Langnewton.5 They had issue at least one son, ROBBET GocHRANE,6 who describes himself as son and heir of William Cochrane when granting his part of the lands of Langnewton to Sir Henry Douglas of Lugton on 1 Reg. de Passelet, 29. 2 Andrew Stuart's Genealogical Hist, of Stewarts, 80 n. 3 Original writ, dated at Kilbride 28 July 1360, in Gen. Reg. Ho., No. 132. 4 Charter dated at Kil winning, quoted in Hamilton's Hist, of Renfrew. 5 Macfarlane's Coll., Adv. Lib., 34, 3, 25, 39, 40. The arms described on her seal are wrongly cut, but she may have been a Maxwell. 6 Contemporary with Robert was a William Cochrane, who, in return for services rendered to Robert in. was granted the sum of 40s. sterling, to be paid him annually out of the King's rents in Rutherglen (Reg. Mag. Sig., fol. vol., 207, No. 34). In 1394 he received through the Earl of Menteith £13, 6s. 8d. in pay- ment of a debt from the King (Exch. Rolls, iii. 341), and he was witness to a charter by Robert, Duke of Albany, Governor of Scotland, to William Hay of Errol, Constable of Scotland, of the lands of Cowie, dated at Falk- land, 14 May 1415 (Frasers of Philorth, ii.). Contemporary with William there lived a John de Cochran, who in 1370 was granted a fiat of protec- tion during two years' service abroad for Edward in. (Cal. Doc. Scot., iv. 39-40). Other members of the family at this time were Alice Cochrane, who was superior of the lands of Overlee and Netherlee in Renfrewshire (Memorials of the Montgomeries, ii. 25) ; David, who held the lands of Lee under Alice and her heirs, for payment of thirty pennies Scots yearly, and was Lord of Ascog in Bute. David had a son Edward, who succeeded him as Lord of Lee and Ascog, and received a precept of infeftment in his lands of Lee on 24 August 1425 (Memorials, ii. 26). Edward was suc- ceeded by his son Ninian, who, about 1503, sold half of his lands in Bute to Lord Montgomery (Reg. Mag. Sig., 20 March 1503-4). Ninian had two sons, John and Charles, who successively owned the lands, and in them (Eglinton Inventories) the line of Cochrane of Lee and Ascog appears to have ceased. 336 COCHRANE, EARL OF DUNJDONALD 1 May 1392, and Mary Dalzell speaks of him as her son by "William Cochrane. Robert's seal is said to show 4 a chevron engrailed betwixt three estoiles.' * His successor, so far as recorded, was JOHN OF COCHRANE, who was successor, and perhaps son, of Robert. On 16 October 1421 he witnessed a retour of the service of Herbert of Maxwell as heir to his father Herbert of Maxwell, Lord of Oarlaverock, in the lands of Mekill Drippis.2 In the Paisley Rental Book of 1460 there are various entries of the assessment of John Oochrane, then living at Lincliff (whence William Cochrane of that Ilk dated his will in 1603). Lincliff would appear to have been their residence before the building of Cochrane Place ; it was assessed in 1460 for an annual payment of 4 chalders of oats, and 12 days' shearing, with customary service. John Cochrane had issue, so far as recorded, ALLAN OF COCHRANE, who succeeded his father. He is first mentioned on 25 September 1452, when he witnessed both precept and charter of a mortification made by Robert, Lord Lyle, to the Abbot of Paisley ; in these writs he is described as Allan Cochrane, Armiger.3 He raised an action before the Lords Auditors against Thomas Gudland and others, about two horses, at Edinburgh, 6 July 1476,4 and must have succeeded his father by 1480, as on 8 May of that year he is described as Allan of Cochrane, a witness to a contract of marriage between James Auchinlek and Gelis Ross.5 He left issue, two sons : 6 — 1. JAMES. 2. ROBERT. JAMES COCHRANE of that Ilk, succeeded his father, Allan, 1 Macfarlane's Coll., 34, 3, 25, Adv. Lib. 2 Carlaverock Book, ii. 423. 3 Reg. de Passelet, 250, 252. 4 Acta Auditorum, 43. 5 Douglas Book, iii. 112. 6 About this time a Michael Cochrane is superior of the upper part of Easter Cochrane, and of the lands of Lonbank and Quarrelton in Nether Cochrane. He married Eupheme Erskine, and had issue, a son, Peter, who, in 1488, is named in a case before the Lords Auditors anent the wrong service of a brief of inquest, causing Thomas Cochrane (son of James Cochrane of that Ilk) to be seised in the lands of Easter Cochrane, the superiority of which lawfully belonged to Peter (Acta Auditorum, Jan. 2, 1488). Probably Peter had no issue, as by 1509 all these lands were held under the superiority of John Cochrane of Cochrane. COCHRANE, EARL OF DUNDONALD 337 in 1484, when lie is named in a charter by James in. to Robert Lyle, of the lands of Middlepennyland and others, dated at Edinburgh, 26 Jan. 1484.1 He is also named as James Ooehrane of that Ilk, in an instrument of sasine in favour of John, Lord Maxwell, of the superiority of Nether Pollok, 10 May I486.2 He had issue a son, Thomas, who also appears in the case between himself and Peter Cochrane, already referred to, about the wrong service of the lands of Easter Ooehrane, etc. There is nothing to prove that Thomas succeeded his father in the barony of Ooehrane, and he must have died s.p., as in 1493 Robert Ooehrane is in possession. ROBERT COCHRANE of that Ilk must have succeeded before 1493, when he was engaged in an action before the Lords of Council.3 Robert Ooehrane was still living in 1504, when he witnessed a charter by John, Lord Semple, to the Collegiate Kirk of Lochwinnoch, dated at Glasgow, 21 April 1504,4 but his son John had been seised in the lands of Cochrane and Corsefoord in 1498. He had issue :— 1. JOHN, who succeeded. 2. William, and 3. David, who are described as brothers-german of John in a mortgage of part of the lands of Cochrane made by John Ooehrane in 1536.5 JOHN OOCHRANE of that Ilk was seised in the lands of Cochrane and Corsefoord in 1498,6 and in 1509 he obtained a licence under the Privy Seal to sell or mortgage all his lands of Nether Cochrane in the sheriffdom of Renfrew, and all his lands of Pitfour in the sheriffdom of Perth.7 In 1 Reg. Mag. Sig. 2 Maxwells of Pollok, i. 191. 3 Ada Dom. Cone., 26 Oct. 1493. 4 Hamilton's Renfrew and Lanark, 292. 6 Laing Charters, No. 409. 6 Red Book of Menteith, 15. 7 Reg. Sec. Sig., 1508, vol. 4. The barony of Pitfour referred to above now appears for the first time. It was acquired by John Cochrane (probably a kinsman), who was thereafter styled * of Pitfour,' and held the lands under superiority of the Earl of Crawford, by whom he was infeft, May 2, 1510. He was succeeded by his son Peter, who is named in a charter under the Great Seal to George Rollok of Dun- crub, in 1572, and who was followed by his son David ; he died in 1598, leaving nine children, and his will was proved in Edinburgh, 23 Jan. 1598-99. His successor, Francis Cochrane of Pitfour, is named in a case that came before the Privy Council, 1605. He was seised in the lands of Pitfour 4 Sept. 1607, and is the last of that designation. VOL. III. Y 338 OOOHRANE, EARL OF DUNDONALD 1519 he sold the barony of Easter Oochrane (which included Nether Oochrane) to James Beaton, Archbishop of Glasgow. Orawfurd mentions this deed as being among the Dundonald charters in 1710, and that it carried the seal of John Oochrane, which showed three boars' heads erased, and was circumscribed ' Sigillum Johannis de Oochrane.' In 1530 he was fined for not entering on an assize held at the Justice- ayre of Dumbarton on the slaughter of Alexander Hamilton.1 He appears in an assize held at Edinburgh 2 December 1529,2 and is mentioned again in an action against William, Lord Ruthven, Sheriff of Perth, as being among others distrained for money which he had already paid.3 He married, before 1510, Margaret Morton, who was still living and joint- tenant with him in the lands of Lyncliff in 1522,4 and by her he had issue a son, JOHN COCHRANE, who is stated by Orawfurd to have served heir to his father 12 May 1539. In 1546 he witnessed a charter to Archibald Beaton of Oapildra,5 and in 1556 he witnessed a retour of John Maxwell as heir to his father, George Maxwell of Oowglen.6 The date of his death is uncertain. He appears to have married twice, first Mary, daughter of Lindsay of Dunrod, in the county of Renfrew ; and secondly, Elizabeth, daughter of John Semple of Fulwood, who is mentioned in the will of Elizabeth Montgomerie, his son's wife, referred to below. He had issue : — 1. WILLIAM, only son by his first marriage, who succeeded. 2. Janet, a daughter by the second marriage, named in the will of Elizabeth Montgomerie, her sister-in-law. She may have been the daughter who was married to — Maxwell, and had a son William, mentioned in the will of William Oochrane of that Ilk. WILLIAM COCHRANE obtained at Edinburgh, 30 November 1556, a charter 7 confirming to him as son of John Oochrane the five-mark lands of Oochrane in the barony and county of Renfrew which his father John Oochrane had resigned under 1 Acta Dom. Cone. 2 Beg. Mag. Sig., 20 July 1532. 3 Acta Dom. Cone. 4 Paisley Rental Booh. " Reg. Mag. Sig., 31 July 1546. ° Max- wells of Pollok, i. 295. 7 Reg. Mag. Sig. COCHRANE, EARL OP DUNDONALD 339 a reservation of liferent. To this AVilliam Oochrane is attributed the building of the ' freestone tower/ which was added to the manor-house of Cochrane, which, since 1460, appears to have been known as ' The Lincliff ' or 4 Place of Oochrane,' but which, after the building of the tower, be- came ' Oochrane Castle.' It was to this c old Tower house ' of his ancestors that Sir John Oochrane made his escape after the Argyll insurrection in 1685.1 According to Oraw- furd, William Cochrane also made extensive plantations there. William Cochrane married, before 1579^ Elizabeth, daughter of Robert Montgomerie of Skelmorlie.2 She pre- deceased her husband, dying at the Place of Cochrane 15 August 1594 (testament confirmed 1 August 1595 3), leaving £1604, divided equally among her daughters. He died 14 July 1603 (testament confirmed 2 February 1604 4), having had issue by his wife three daughters only, all mentioned in their mother's will : — 1. Dorothy. 2. Margaret. 3. ELIZABETH, married to Alexander Blair (see below). ELIZABETH COCHRANE was the youngest of three daughters, but her sisters Dorothy and Margaret must have prede- ceased her before 1601, and the house of Cochrane depended for its continuance on her issue as sole heiress. Her father had in 1593 made a settlement of his lands on heirs-female, and this was followed in 1600 by a contract of marriage entered into at the Church of Kilbarchan 24 July, between Elizabeth Cochrane and Alexander Blair, third son of Alexander Blair of that Ilk, by his wife Grizel, daughter of Robert, Lord Semple, who by the terms of the contract was to assume the name and arms of Cochrane, and the estates were to be conveyed to him by charter. Failing the heirs- male of this marriage the estate was entailed to Robert Blair of Auldinure, Alexander's immediate elder brother and his heirs, whom failing, to Brice Blair of Lochwood, their immediate elder brother-german and his heirs, whom failing, to Hugh Blair, Alexander's immediate younger 1 Fountainhall's Historical Observes. 2 Skelmorlie Writs. * Edin. Tests. * Ibid. 340 COCHRANE, EARL OF DUNDONALD brother and his heirs, whom failing, to Gavin Blair his youngest brother and his heirs, whom failing, to the second son of the then Laird of Fulwood, who was to take the name of Oochrane, whom failing, to the then Laird of Bar- bachlaw bearing the name of Oochrane.1 If Alexander and 1 The kinship of the line of Barbachlaw to the line of Cochrane is pre- sumed, though not clearly proved, by the entail already cited made by William Cochrane of that Ilk in 1593, and also by an entail of the lands of Barbachlaw by James Cochrane of Barbachlaw in 1614 to his son James and his heirs-male, whom failing to William Cochrane of Cochrane and his heirs-male (15 July 1614, Reg. Mag. Sig.\ The first known of this family was John Cochrane of Barbachlaw, who was witness to a retour of the service of William Stirling of Cadder in the lands of Cragbrey in Lin- lithgow, 9 May 1506 (Stirlings of Keir, 282), and the next of the name is George Cochrane of Barbachlaw, who, in 1558 resigned his lands to his son Michael. Michael had issue a son Gilbert and a daughter Helen. Gilbert does not appear to have been included in the entail, though he was living in 1557 and occurs in the wills of James and Alexander his uncles. Michael was succeeded by his brother Alexander, who, on 25 November 1564, had a charter to himself and his heirs- male, whom failing, to James his brother-german, whom failing, to his own natural son John, whom failing, to James elder and James younger, both natural sons of James his brother (Laing Charters, 779). Alexander died 2 October 1566, and his will was proved in Edinburgh. He was succeeded by his brother James, who died 17 January 1577, and his will, dated at Calder, was proved in Edin- burgh. He married Margaret Cunynghame (who after his death became the wife of James Murehead of Lauchope). He was succeeded by his eldest son natural James, who was legitimated under the Great Seal 8 June 1556. He died 24 January 1596, and was followed by his eldest son James, who married, before 1614, Margaret Hamilton (who is named in the infeftment of her son James). This James entailed Barbachlaw to his son and heir James, younger, whom failing, to revert to himself, whom failing, to William Cochrane of that Ilk. He was a Commissioner to Parliament for Linlithgow 1643-44, and died circa 1646, and was suc- ceeded by his grandson Alexander, who was infeft under the Privy Seal in 1646 in the 40s. lands of Barbachlaw, and had a Crown charter in 1647, and died before 1666. (Laing Charters, Nos. 312, 689-2503 passim, from which most of this statement is derived.) He was succeeded by his son Alexander, then a minor, who married, 2 January 1666, Helen, only daughter of James Bruce of Powfowls ; secondly, Margaret, daughter of Henry Maule of Balmakellie, second son of Patrick, Earl of Panmure. (Reg. de Panmure, ii. 376.) He was a Commissioner of Supply to Parlia- ment 1678-95, and died before 1697, when his son Alexander served heir to him. He was a Commissioner of Supply for Linlithgow in 1704, and died 1710, and was succeeded by his son Alexander, who was retoured heir to him in 1712. He was succeeded by his broth er Henry, who served heir to him in 1733. There is no proof of descendants to Henry Cochrane of Barbachlaw, but a Thomas Cochrane, bailie in Musselburgh, died 1774, leaving two sons, John and Archibald, who are described as of Cabbage Hall. The name ' Cabbage Hall ' has since become Linkfield, and included the farm of Barbachlaw. The Cochranes of Cabbage Hall or Linkfield are now represented by Charles Home Cochran of Ashkirk, Hawick, N.B., Captain, K.N. COCHRANE, EARL OF DUNDONALD 341 his heirs should decline to take the name of Cochrane, the heritable right was to pass to the next heir, and the lands and annualrents were not to be alienated in prejudice of that name. The contract was embodied in a charter under the Great Seal 7 February 1601. l The lands were to be held of the Crown in free blench. Alexander Oochrane of that Ilk succeeded his father-in-law in due course. He was a ' virtuous and frugal man,' and both conserved the property and greatly added to it. In 1616 he acquired the lands of Auchincreugh in Ayrshire, which were confirmed to him 30 July 1618.2 A further acquisition was made in 1623 by the purchase from James Spreull of the barony of Oowdown, in the parish of Neilstone, Renfrewshire. Alex- ander Oochrane 's charter of the barony is dated 23 April 1623,3 and in 1634 he resigned it, with the advice and consent of Elizabeth his spouse, to his second son William, afterwards first Earl of Dundonald. Alexander Cochrane was appointed Sheriff Depute of Renfrewshire in 1623.4 The last notice of him and his wife Elizabeth is on 12 March 1640, when they ' f eued out ane seven shilling land ' of Hallshill to Richard Robeson. Alexander signs with his own hand, but James Gray, notary, signs for Elizabeth, she being unable to write.5 Alexander must have died before July of the following year, when his eldest son John is designated in witnessing a baptism as Colonel John Cochrane of that Ilk. Alexander had issue by his wife : — 1. John, born about 1604. 2. WILLIAM, born about 1605, of whom afterwards. 3. Alexander of Auchincreugh, colonel in the royal army, Commissioner of Militia for the shires of Ayr and Renfrew in 1668.6 He married Agnes Richieson,7 who died before 1668, and, dying about 1673, he left issue : — (1) James, who was seised in Auchincreugh November 1673.8 He married, first, March 1683, Marion, daughter and heiress of Hugh Peebles of Mainshill, and had issue by her a daughter Eupheme, baptized at Paisley 1684. He assumed 1 Reg. Mag. Sig. 2 Ib id. 3 Ibid. 4 P. C. Beg., xiii. 346. 6 Paterson's Ayrshire, ii. 507. ° Memoirs of the Montgomeries, ii. 330. 7 Paterson's Ayrshire, ii. 508. 8 Reg. of Sasines. 342 OOOHRANE, EARL OF DUNDONALD the name and arms of Peebles of Mainshill in the parish of Beith, Ayrshire. He married, secondly, Ursula, daughter of William Hamilton of Brownmuir, in the parish of Beith, and had issue by her : — i. James, whose will was proved in Glasgow 14 January 1725. ii. Agnes, baptized at Paisley 31 March 1697. iii. Margaret, baptized at Paisley 21 January 1698. Will proved in Glasgow 14 January 1725. iv. Elizabeth, baptized at Paisley 2 October 1699. v. Susanna, baptized 19 February 1701 at Paisley. Will proved in Glasgow 14 January 1725. (2) William, who served heir to his mother 30 May 1668. l 4. Hugh, of Ferguslie, colonel in the army, with which he served under Charles i. in Ireland, where he married Joan, eldest daughter of Henry Savage of Ardken, co. Down.2 He was a Commissioner of Supply for Renfrewshire 1689-90, and acquired the estate of Ferguslie near Paisley, and left issue two sons and three daughters. 5. Sir Bryce Cochrane, colonel. Born at Cochran Place about 1620. The date of his death is uncertain. His brother Gavin was his executor in 1673.3 He married Elizabeth Napier, relict of ... Scot of Harlawood, Dumfriesshire, who survived her husband, but left no issue by him.4 6. Vchtred, educated at Glasgow, where his name is entered in 1640.5 Captain in the Royal Navy. 7. Gavin of Craigmure. Educated at Glasgow, where his name occurs 1641 ; 6 Commissioner of Supply for Ren- frewshire 1656-90. Died 1701. He married Margaret, daughter of James Cleland of Faskin, in Lanarkshire, with issue. She served heir to her brother William Oeland in the barony of Faskin 1700. 8. Elizabeth, married to Captain John Lennox of Wood- head in Stirlingshire, who was killed at the battle of Auldearn. She survived him, and in 1647 made supplication to Parliament that she might be ex- empted from levies on her liferent lands as they had been laid waste ; which was granted.7 1 Paterson's Ayrshire, ii. 508. 2 Savages of Ards, by G. F. Armstrong, 190. 3Edin. Tests., 14 October 1673. 4 Ibid., 24 August 1677. 5 Mun. Univ. Glasg., iii. 94. 6 Ibid., iii. 96. 7 Acta Parl. Scot., vi. pt. i. 782. OOCHRANE, BAEL OF DUNDONALD 343 9. Grizel, married to Thomas Dunlop of Househill. Born about 1615 at the Place of Cochran. Sir John Cochrane of that Ilk, Knight, was born about 1604, and educated at Glasgow, where he took an M.A. degree in 1623. He entered the army and saw service in Ireland, where he acquired some land through his marriage.1 On his return to Scotland he became an active Covenanter, and in 1639-40 was engaged at the sieges of Oarlaverock and Threave.2 At this time he is mentioned as Colonel Cochrane of that Ilk. In 1641 he took an active share in the organisation of the plot known as the Incident, on the failure of which the officers of Colonel Cochrane were dismissed, and he himself was summoned to appear before Parliament.3 But the matter ended in his being released without bail on the petition of Hamilton and Argyll — the very men against whom the plot was directed. The following year (1642) Colonel Cochrane resigned his Scottish estates to his next brother William,4 and King Charles sent him to Holland to solicit help in men and money for the royal cause. After his visit there he pro- ceeded with the English Ambassador to Denmark, where they were both 4 evill entreated and put in prison.' On being set at liberty he resumed his military duties, and was placed by Prince Rupert in command of Towcester.5 He next appears at the Royalist headquarters (Oxford), where he signed the 4 Solemn League and Covenant ' in company with Montrose, Crawford, Traquair, and many others. After another visit to Holland, Colonel, now Sir John Cochrane, proceeded as British Envoy to the King of Denmark.6 Sir John Cochrane was most successful in raising money for the Court, and it was a noteworthy 1 Letters from Ormond to Hyde, Clarendon State Papers, iii. 168, and The Ormond Papers, Hist. MSS., xvi. 324. 2 Baillie's Letters, i. 360. 3 See Sir John Cochrane's deposition in the House of Lords MSS. ; Historical MSS. Report. A contemporary copy is among the MSS. at Traquair House. 4 In a charter under the Great Seal, dated at Edin- burgh, 19 December 1642 : 'The 5-merk lands of Cochrane, with the lands of Auchincreuch and Wester Craigenfeoch.' 5 Warburton's Memoirs of Prince Rupert, ii. 325. 6 Papers in connection with this are preserved among the Clarendon State Papers, and throw an interesting light on the shifts of the royal party. 344 COCHRANE, EARL OF DUNDONALD achievement that when the news of the execution of Charles i. spread like wildfire through Europe and the Czar of Russia chased the British Envoy from his Court, and the Ambassador to France was compelled to leave the country, Sir John Cochrane, then British Minister to the Hamburg Senate, remained, and secured acknowledgment of the sovereignty of Charles 11. and a public audience for himself as his envoy.1 In 1650 Sir John Cochrane was prohibited by the Scottish Parliament from returning to his own country. In 1652 Lady Cochrane was in prison in England (probably for assistance given by her to some of her husband's under- takings). She was discharged 26 February with an allow- ance for prison charges and ' £5 for present relief,' 2 with a pass for Sir John Cochrane to return to England, which he did in the following year. Until 1657 his name constantly occurs in various political negotiations. He was living in 1657, but it is uncertain whether he witnessed that culmi- nation for which he worked so hard — the Restoration of 1660. The probability is that he did not do so. He married in Ireland Grace Butler, said to have been a cousin of the Duke of Ormonde, but is not known to have left issue. I. WILLIAM COCHRANE, second son of Alexander and Elizabeth Cochrane, was born 1605, and educated first at Paisley Grammar School, and afterwards at Glasgow University, where he was laureated in 1626. In later years he became closely associated with the government of the University, where he founded the Dundonald bur- saries. In 1632 he became Sheriff-Depute of Renfrewshire, and from that time onwards he was closely associated with the public life of the times. He visited Edinburgh in 1633 on the occasion of King Charles i.'s public entry, and next year, 1634, he had, together with his wife, a charter of the lands of Cowdown, Woplaws, and Knockglass.3 He acquired 1 A copy of Sir John Cochrane's Memoir of his services was printed in Edinburgh in 1832, under the title of ' Sir John Cochrane's Relation of the particulars that have occurred in his negociations since his coming to Hamburgh, 1649': a MS., said to be the original of it, is among the Wodrow MSS. in the Advocates' Library, Edinburgh. 2 Domestic State Papers, 1652. 3 Reg. Mag. Sig., 21 June 1634. COOHRANE, EARL OF DUNDONALD 345 the lands of Dundonald in 1638, which, by a novodamus of 1641, was erected into a burgh or barony, an advantage never made use of.1 He was granted in 1641 the ward and non-entries of the lands and baronies of Blair, with the gift of the marriage of John Blair, and he gained a further advantage by becoming about this time chamberlain to the Duke of Lennox. At the opening of Parliament in 1641 he was knighted by Charles i., and from this time onward Sir William Cochrane, who sat for Ayrshire, is found on all Parliamentary Com- mittees of importance. In 1645 he was made carrier of letters and instructions to the army in Ireland,2 and on 26 December 1647 was rewarded for his loyal services by being created LORD COCHRANE OF DUNDONALD,3 with remainder to the heirs -male of his body. He was active in raising jtroops for the royal cause, and became colonel of one of the two regiments raised in Ayr for the purposes of the ' Engagement,' a last endeavour on the part of Scotland to re-establish King Charles. The history of the movement was one of disaster, and in 1649 the Presbytery of Ayr refused to allow him to renew the solemn League and Covenant in consequence of his partici- pation in the Engagement. After the death of Charles on the scaffold it became impossible for loyalists to take any great share in public business, and it was not until Charles n. had entered his Scottish kingdom, and had been crowned at Scone, that Lord Cochrane's name again comes to the front. In the Parliament that opened at Perth in 1651, he was busy with the affairs of the army and the coinage, and later in the year was occupied in Ayrshire and Renfrewshire raising men for the army that was to be led by the King himself, a letter from whom to Lord Cochrane 4 shows how far from sanguine was the latter as to the possibilities of success. The battle of Worcester confirmed his worst fears. No Scottish Parliament met until the year 1656, and during this interval Lord Cochrane devoted himself to his private affairs. In 1653 he bought the lordship of Paisley from Archibald, Earl of Angus, for £160,000 Scots, and there 1 Reg. Mag. Sig., 5 March 1638. 2 Acta Parl. Scot., 1645. 3 Re,g. Mag. Sig. * Autobiography of a Seaman, xxviii, Introduction. 346 COCHRANE, EARL OF DUNDONALD he fixed his residence, and lived in great splendour. Lord Cochrane's share of the public penalty exacted by Cromwell under the name of an Ordinance of Pardon and Grace to the People of Scotland, was stated at £6000 sterling, but this sum was finally reduced to £1666, 13s. Id.,1 which makes rather an amusing comparison with the sum of £20,900, Lord Oochrane's contribution to General Monck for the purpose of the restoration of the King.2 After the restoration Lord Cochrane was appointed a privy councillor and Commissioner of Treasury and Excise in Scotland. On 12 May 1669 the King raised him to the dignity of an Earl, and conferred upon him the title of EARL OF DUNDONALD, LORD COOHRANE OF PAISLEY AND OOHILTREE, to himself and his heirs- male, whom failing, to the eldest heirs-female born of his body, without division, and the lawful heirs-male of the body of said eldest heirs-female (they bearing the name and arms of Cochrane, which they shall be held to assume), whom failing, his nearest heirs whomsoever.3 The Earl of Dundonald was predeceased by his eldest son, but he lived to see in his grandson an able exponent of his own views. He died 1685, aged eighty, and was buried at Dundonald. He married, before 1634, Euphame, daughter of Sir William Scott of Ardross and Elie, Director of Chancery, who survived him. They had issue :— 1. WILLIAM, Lord Oochrane. 2. SIR JOHN COCHRANE of Ochiltree, Knight, founder of the line of Ochiltree (now Dundonald), was educated at Glasgow University, where his name occurs in 1653. The estate of Ochiltree in Ayrshire had been acquired by the Earl of Dundonald in 1647 from Archibald Stewart of Blackball.4 and was by him provided to his second son. In 1669, after he had received the honour of knighthood, Sir John entered Parliament to represent Ayrshire. His political and religious views were entirely at one with those of the shire, and he was throughout life in full 1 State Papers, Domestic Series, 1655 ; Acta Parl. Scot., viii. 846. 2 Autobiography of a Seaman (Introduction). 3 Reg. Mag. Sig., lib. 62, No. 87. 4 Reg. Mag. Sig., 31 March 1647. COOHRANB, EARL OF DUNDONALD 347 sympathy with those covenanting principles which distinguished the West of Scotland. In 1678-79 Sir John and his parish were fined 3000 merks for non- conformity, and had paid £5211, 7s. 8d. Scots for the quartering on them of the 4 Highland Host,' and he himself was put to the horn. After the battle of Bothwell Bridge, at which Sir John Oochrane escaped being made a prisoner, he proceeded south with the Duke of Hamilton and others in the hope that a personal interview with the King would win some leniency to his Scottish covenanting subjects, but the interview was without result. After spending some time in Holland, to which country he had been obliged to fly owing to his alleged complicity in the Rye House plot, he returned to Scotland and took part in the abortive rising of 1685 headed by the Earl of Argyll. Sir John made an independent attack on Greenock, but was worsted in an encounter with the militia. He took refuge with his uncle's wife at Cochrane Castle, but she betrayed him to the dragoons. He and his son John were imprisoned under a process of treason, and though recent research goes to prove that his sen- tence did not exceed that of forfeiture, there is no doubt but that his family were under great anxiety lest a warrant of execution should be issued. A contemporary wrriter l gives the following : — 4 July 9th. The English Packet coming to Edin- burgh was twice stopped and robbed about Alnwick. Some conjectured it was Pol warts doing ; others that it was by Sir John Oochrane's friends, lest there should have been any warrant from the King by these packets to have executed him.' No warrant appears to have come to Edinburgh, and Sir John Oochrane and his son proceeded to London in the King's yacht. The Earl of Dundonald's influence was brought to bear in his son's interest, and by purchasing the forfeited estate of Waterside back from Lord Middleton (who had control of it) for a sum of £6000 (the estate being said to be worth 1 Fountainhall's Decisions, p. 366. 348 OOOHRANE, EARL OF DUNDONALD £2000) lie secured freedom for Sir John Oochrane and his son, Waterside, yet they were detained in London some time, and Sir John did not return to Scotland till 1687, when he travelled north as a member of a royal commission to negotiate a basis of religious freedom for the kingdom. In 1690 he was restored to his estates, and in 1693 became a farmer of the Poll Tax. Sir John Oochrane was living on 23 June 1707, when his son William occurs as younger of Ochiltree,1 but he probably died this year, when his son served heir to him. He married at St. Paul's, Oovent Garden, Margaret, daughter of Sir William Strick- land of Boynton, co. York, Baronet (one of Crom- well's Lords of Parliament), the banns being published in March 1656. He had issue :— (1) WILLIAM, who succeeded him. He married, 19 April 1681, Mary, eldest daughter of Alexander, second Earl of Kin- cardine,2 upon whom at his marriage he settled the house and park of Carstoun and Steill with an annuity of 6000 merks. Lady Mary served herself heir to her brother Alexander, third Earl of Kincardine, and also laid claim to the title, in which she was unsuccessful. She died after 1739. William Cochrane was commissioned an officer of militia raised in the bailiary of Kyle on the accession of William of Orange, and was nominated a Commissioner of Supply for Ayrshire in 1686, 1689, 1690, 1704, and in the latter year for Renfrewshire. He was one of the guardians of John, fourth Earl of Dundonald. William Cochrane of Ochiltree died after 1716, when he made a disposition of his lands in favour of his second son Charles. He had issue :— i. William, younger of Ochiltree, baptized at Ochiltree 25 January 1682.3 Educated at Glasgow University. Acted as procurator to his father and mother in their lawsuit versus Sir Alexander Bruce. He must have died between 1707 and 1716, when his brother Charles served heir to him. ii. Charles, of Ochiltree and Culross. Born 25 January 1683 at Ochiltree.4 He became a member of the Faculty of Advocates in 1708, and was seised in the barony of Ochiltree (which then included Trabeoch, Carbolls, Achill, and Clauchentown) 15 July 1717, on a disposition by his father to him dated 24 December 1716.5 He afterwards succeeded his mother in the estate of Culross, and died there unmarried 19 September 1752. 1 Ayrshire Sasines, vol. vii. pt. 1, f. 180. 2 Ibid., vol. v. ff. 41, 143. 9 Par. Reg. * Ibid. 5 Ayrshire Sasines, vol. vii. pt. 2. COCHRANE, EARL OF DUNDONALD 349 iii. John, born at Ochiltree 20 August 1684.1 He entered the Royal Navy and became lieutenant of the Eagle man-of-war,2 and was lost with Sir Cloudesley Shovel on the coast of Scilly 21 October 1707. Died s. p. iv. Alexander, \>QYI\ at Ochiltree 20 August 1686. 3 Commis- sioned cornet in Lord Stair's regiment of Dragoons, and drowned at sea while carrying recruits from Holland.4 Died 1708 or 1709 s. p. v. George, born at Ochiltree 5 June 1689. Entered the army, in which he became captain, and was killed in Spain 1709. Died s. p. vi. James, of Ochiltree and Culross, born at Ochiltree 13 May 1690.5 Commissioned captain the 20th Infantry, and rose to be lieutenant-colonel 15th Foot, and afterwards (26 April 1741) lieutenant- colonel oth Marines.6 He succeeded to the estates of Ochiltree and Culross on the death of his brother Charles 1752, who in 1749 had executed a settlement of his estate in favour of him and his heirs-male, whom failing, to his respective younger brothers and their heirs-male, whom failing, to the heirs-female of J^mes.7 He married Margaret Hawkison,8 and died at Hampstead 29 June 1758, having missed his succes- sion to the Dundonald Peerage only by ten days. He left issue two daughters. vii. THOMAS, eighth Earl of Dundonald. viii. Robert, born at Ochiltree 20 November 1692,9 and died unmarried 1721.10 ix. Basil. He entered the army, and when captain in the 44th Regiment of Foot (known as Lee's Regiment) he was taken prisoner at Preston.11 He afterwards became Deputy-Governor of the Isle of Man. On 15 July 1761 he was appointed Commis- sioner of Excise, and in May 1764 a Commissioner of Customs in Scotland. He died unmarried at Dairy 2 October 1788, and his will was proved in Edinburgh 24 October of that year. x. Henriette, born October 1687. xi. Euphemia, married to Colonel John Erskine (said to have been the Colonel J. Erskine who was Deputy- Governor of Stirling Castle), and had issue.12 xii. Mary, born at Ochiltree 20 December 1694. Died unmarried. xiii. Elizabeth, living in 1759. Died unmarried. xiv. Anne, married, 1725, to Sir George Preston of Valley- field, Perthshire, Bart., and had issue. She died at ValJeyfield 7 November 1779. 13 1 Par. Reg. 2 State Papers, cxix. 155. 3 Par. Reg. 4 State Papers, cxix. 155. 6 Par. Reg. c Millan's Succession, published 1745. 7 Douglas, Peerage. 8 Paterson's Ayrshire, i. 400. 9 Par. Reg. 10 Douglas, Peerage. 11 Gentleman's Mag., 1745. 12 A daughter Mary, baptized in Edinburgh 1715, who married Alexander Webster, D.D., and a daughter Elizabeth, baptized at Edinburgh 1717. 13 Ms. Pedigree, Valleyfield. 350 COOHRANB, EARL OF DUNDONALD (2) John of Waterside, in the parish of Beith. He was baptized at Ochiltree 30 January 1602. He was forfeited 9 April 1684 for having been with his father at the battle of Both- well Bridge. He was in Holland with his father when Charles n. died, took part in the Argyll invasion and shared the pardon granted to his father, when his lands were restored by a disposition, dated at Whitehall 1 March 1688.1 He married, contract 14 September 1687, Hannah de Werth, and had issue : — i. John of Waterside, served heir-general to his father 7 January 1729 : drowned crossing the Cumnock 23 November 1752 ;2 married, contract 11 August 1733, Elizabeth, grand-daughter of James Cairns of Minniebuie, who died 4 January 1777.3 ii. James, Advocate 29 December 1724; Judge-Advocate 25 March 1748, which office he eventually resigned in favour of his son William ; died at Grange House, Fife, 29 August 1762 ; * married, January 1731, Cecilia, daughter of Mr. George Oliphant, preacher, Edin- burgh. (i) William, Advocate 1759, succeeded his father as Judge-Advocate. Died at Marseilles, 20 January 1766. iii. Charles, and other sons, and iv. Euphemia, and other daughters. (3) Grizel, married to John Ker of Morieston, co. Berwick. 3. Grizeli married to George, Lord Ross. (See that title.) WILLIAM, Lord Cochrane, was educated at Glasgow University, where his name appears in 1648.5 In 1660 he was Commissioner of Excise for Ayr and Renfrewshire. In 1663 he was made a Justice of the Peace, and in 1668 captain of a troop of gentlemen horse raised as county militia. He was one of the commissioners to the estates of the Duke and Duchess of Monmouth and Buccleuch on 3 April 1672, and before 1675 he had been made a member of Privy Council. Lord Cochrane was spokesman of a com- mittee of landowners who formed ' the party ' to make pro- test against the quartering of the Highland Host on the West of Scotland, and he took a prominent part in their unavailing efforts to establish an understanding between the Edinburgh Council and the Government in London. He died at Paisley 25 August, and was buried at Dundonald 15 September, 1679.6 In 1653 he married Katherine Kennedy, second daughter 1 Ayrshire Sasines, fourth ser., v. 219, 220; Reg. Mag. Sig., 16 March 1688; Reg. of Deeds (Dab?.), 13 July 1688. 2 Scots Mag. 3 Ibid. 4 Ibid. -' Reg. of Deeds, 30 October 1734. 6 Funeral entry in Lyon Office. COCHRANE, EARL OF DUNDONALD 351 of John, sixth Earl of Cassillis, by his wife Jean Hamilton, a daughter of the Earl of Haddington— a family totally opposed in its religious views to those of the Earl of Dundonald. By the marriage-contract, dated 1653, Lord Oochrane disponed to the Master of Oochrane and the heirs-male of the marriage the lauds of Dundonald, Ochil- tree, and Oochraue, in which he was duly seised. Three years later the lands of Ochiltree were redisponed to Lord Oochrane, and the Master of Cochrane received in exchange the lordship of Paisley and lands of Glen.1 Lord Oochrane had issue : — 1. JOHN, who succeeded his grandfather as second Earl. 2. William, of Kilmaronock, who was a Commissioner to Parliament for Renfrew 1689-1695, and for Dumbarton 1703-1706, Wigtown 1708-1711. He was a Jacobite, and voted against the Act of Union. He was made Joint-Keeper of the Signet 1711. He married Grizel, third daughter of James, second Marquess of Mont- rose, and died August 1717, and his testament was confirmed in Glasgow 20 November of that year.2 He had issue : — (1) William, born at Dumbarton and baptized April 1688. Ap- parently died young. (2) THOMAS, who became sixth Earl of Dundonald. (3) Catherine, born at Bonhill, September 1691. 3 Married to David Smith of Methven in Perthshire, and died 19 March 1772, leaving issue a daughter Catherine, who became heiress and sole executor to her aunt Christian Cochrane.4 (4) Isabella, married, as his third wife, to John Ogilvy of Balbegno, and had issue three daughters, Grizel, Catherine, and Anne. She died 21 December 1770 at Edinburgh.5 (5) Anne, died unmarried at Balbegno 6 May 1756.° (6) Christian, who died unmarried 6 January 1778, and her will was proved in Edinburgh 15 September 1779. (7) Grizel, married to John Cochrane of Ferguslie. Her will was proved in Edinburgh 9 January 1754. She died 12 September 1753. 3. Thomas, of Polkellie, Commissioner of Supply for Ayr- shire, 1689. He is said to have married Diana, daughter and heiress of Sir David Ouninghame of Robertland.7 Thomas Oochrane alienated the greater part of his estates and went to Flanders, where he 1 Decisions of the Court of Session, Home, 197. 2 Glasgow Tests. 3 Par. Keg., Bonhill. * Edin. Tests., 15 September 1779. 5 Scots Mag. 6 Douglas, Peerage. 1 Ibid. 352 COCHRANE, EARL OF DUNDONALD died in 1691, and his testament-dative was proved in Edinburgh 4 October 1694.1 4. Alexander, of Bollinshaw, Commissioner of Supply for Ayrshire 1704. He married Emilia, daughter of James Murray of Polton (parish of Lasswade), con- tract dated 15 September 1698,2 and by her had, (1) Alexander, who succeeded his father in 1706, and died circa 1709, when John, fourth Earl of Dundonald, succeeded to the estate of Bollinshaw. 5. Margaret, married to Alexander, ninth Earl of Eglinton, contract dated December 1676. (See title Eglinton.) 6. Helen, married to John, fifteenth Earl of Sutherland. (See that title.) 7. Jean, born about 1662. Married, first, to John Graham of Olaverhouse, first Viscount of Dundee (see that title), contract dated at Paisley 9 June 1684, by whom she had issue a son, James, who died in infancy ; 3 secondly, to William Livingstone, third Viscount of Kilsyth, by whom she had a son. Vis- countess Kilsyth and her infant son were killed by the fall of a house in Utrecht, where she was living at the time, 1695, and her testament-dative was confirmed in Edinburgh 4 March 1700. II. JOHN, second Earl of Dundonald, was, like his father and grandfather, educated at Glasgow, where his name appears in December 1676/ Three years later his father died, and John, now Lord Oochrane, removed to Auchans, the manor-house of Oochrane, where he lived with his mother, Lady Katherine Kennedy. In 1680 he received from the Crown a confirmation under the Great Seal of the lordship and barony of Paisley. In 1685 Lord Cochrane was made a Commissioner of Supply for Ayrshire and Renfrewshire, and during that year, while acting as captain of a troop of militia on the occasion of the Argyll invasion, he captured the fugitive Earl, and after taking him to the Place of Paisley, he sent him on to Edinburgh in his father's coach.5 1 Edinburgh Tests. 2 Ayrshire Sasines, fourth ser., vi. 303. 3 Born 1689. 4 Mun. Univ. Glasg., iii. 132. 6 Twelfth Rep. Hist. MSS. Com., App. viii. 22, 1891. COOHRANE, EARL OF DUNDONALD 353 By the death of his grandfather in November of that year (1685), Lord Cochrane became Earl of Dundonald, but his name does not appear on the Rolls of Parliament till some years later. He was among the number of Scottish noble- men who went south to confer with William of Orange on the occasion of his entry into England, and his hotel bill at Berwick still remains a memorial of that journey.1 In March 1689 a Convention of Estates opened at Edinburgh, and Lord Cochrane 's name appears subscribing a letter of congratulation to His Majesty King William m. The Estates next took measures to put the country in a posture of defence, and the Earl of Dundonald was appointed captain of a troop of Horse in the district known as the Bailiary of Kyle, in Ayrshire, Lord Montgomerie, his brother-in-law, acting as his lieutenant. On 29 April the Estates adjourned% leaving the executive in the hands of a committee, to which the Earl was also appointed. June saw the assemblage of the first Parliament of William and Mary, from which the Earl was excused on account of illness. He lived for nearly a year after this date, but as his name is entirely absent from the records of public business, it is probable that illness detained him at home. John, second Earl of Dundonald, died 17 May 1690, leaving three children, the eldest of whom was only five years old. His testament was confirmed in Glasgow 27 September 1732. He married (contract November 1684) Susannah Hamilton,2' daughter of William and Anne, Duke and Duchess of Hamilton. She was married, secondly, to Charles, third Marquess of Tweeddale, whom she survived, and died 7 February 1737. By her first husband she had issue : — 1. WILLIAM, who succeeded as third Earl. 2. JOHN, who became fourth Earl. 3. Anne, born at Paisley in 1685, and baptized there September 4. She probably died young. III. WILLIAM, third Earl of Dundonald, was only four years old at the time of his father's death, and was brought up under tutors and trustees, amongst whom were James, 1 See Laing MSS. in the University at Edinburgh. 2 Reg. of Deeds (Dowie), 18 Oct. 1722. VOL. III. Z 354 OOOHRANE, EARL OF DUNDONALD Duke of Hamilton, his uncle ; John, Earl of Tullibardine, the Earl of Montgomerie, William Blair of that Ilk, and others. He was served heir to his father 28 October 1690, in his lands in the shires of Ayr, Renfrew, Dumbarton, and in annualrents over the lordships, lands, barony, and regality of Alloa, in the county of Clackmannan, the lands of St. Germains, Ohesterhall, and Grundykes, in the shire of Haddington, and also over the baronies of Douglas and Monklandwester, in Lanarkshire.1 He did not, however, enjoy his possessions long, as he died at Paisley in 1705, aged nineteen years. His testament-dative was given up in Glasgow 19 February 1728. IV. JOHN, fourth Earl of Dundonald, succeeded his brother William in 1705, having been up to that date known as Cochrane of Southenan — his estate in the parish of Kil- bryde, which eventually was sold to Alexander, ninth Earl of Eglinton. He was born at Paisley 4 July 1689, and at twelve years of age entered Glasgow University.2 In 1694 he appears as Commissioner of Supply for Renfrew- shire, an office which he held until the following year, when Scottish taxation was placed upon an Imperial basis. At the first election of Scots Representative Peers after the Union of Scotland with England, the Earl voted, but his vote was subsequently disallowed on account of his being under age. Being therefore unable to take any share in politics, he devoted himself to the affairs of his immediate neighbour- hood, and reconstructed, enlarged, and beautified the Place of Paisley. At the general election of 1713 the Earl was chosen a Representative Peer. In 1716 he succeeded John, Duke of Argyll, as colonel of the 4th Scottish Horse Guards.3 In 1717-18 the Earl was at Hampton Court as Lord-in- waiting, probably in the household of the Prince of Wales. In June 1720 the fourth Earl of Dundonald died suddenly, leaving behind him a reputation of philanthropic piety, and many evidences of happy domestic life. He married, first, 4 April 1706, when only seventeen, Anne, second daughter of Charles Murray, first Earl of Dunmore,5 said to have 1 Special Retours. 2 Mun. Univ. Glasg., iii. 173. 3 Precedency of Cols., pub. 1742. 4 V. Leeds Correspondence, Brit. Mus., add. MSS. 28050, fol. 148. 5 Par. Reg. Cramond. OOOHRANE, EARL OF DUNDONALD 355 been famous for her beauty and ' very devote and charit- able.' She died of smallpox at Paisley, 30 November 1710.1 The Earl married, secondly, 15 October 1715, Mary Osborne, second daughter of Peregrine, second Duke of Leeds, and widow of Henry, second Duke of Beaufort, who had died 24 May 1714. By the Duchess, who died 4 February 1722, Lord Dundonald had no issue : by his first wife he had one son and three daughters, the latter remarkable for their beauty, which was celebrated by William Hamilton of Bangour, in a poem written to their honour.2 They and the Duchess, their stepmother, are spoken as Beautez du premier rang, by the author of L'eloge d'Ecosse et des Dames ficossaises.3 1. WILLIAM, who succeeded him as fifth Earl. 2. Anne, born in the parish of Oanongate, Edinburgh, 22 February. 1707. She was married, 14 February 1723, to her first cousin, James, fifth Duke of Hamilton, and second Duke of Brandon (see title Hamilton), and had issue. She died 14 August 1724, aged eighteen. The Earl of Dundonald had made a dis- position of his honours and estates in favour of her heirs-male, failing those of his own body. 3. Susan, who received a bond of provision from her father, registered 13 August 1720, of the sum of £30,000 Scots. She was married, first, to Charles, sixth Earl of Strathmore and Kinghorn, by banns proclaimed in the parish of Edinburgh 25 July 1725. This Earl died 11 May 1728, leaving no issue, and she was married, secondly, to Mr. George Forbes, her factor, Master of the Horse to the Chevalier St. George (King James vin.), the marriage taking place 2 April 1745. By her second husband she had issue one daughter, Susan Janet Emilia, born in Holland, 17 May 1746. Lady Susan died a Roman Catholic at Paris 24 July 1754, and her will was proved at Edin- burgh 15 February 1766, by Mr. George Forbes on behalf of their daughter. 4. Catherine, who received from the Earl of Dundonald 1 Letters of Lord Pollock, 1835, privately printed, p. 21. 2 Poems and Songs of William Hamilton of Bangour, ed. pub. 1850, 72. 3 Mr. James Freebairn. 356 OOOHRANE, EARL OF DUNDONALD a bond of provision like that of her sister Susan. She married, as his second wife, by proclamation at Edinburgh, 5 January 1729, Alexander, Lord Garlies, afterwards sixth Earl of Galloway. (See that title.) She died at Bath, 15 March 1786, having survived Lord Galloway thirteen years. V. WILLIAM, fifth Earl of Dundonald, was born in 1708, and appears to have been weakly throughout his life. In consequence of this, his father executed a deed in 1716 by which, failing the heirs-male of his own body, the honours should be represented by the heirs-male of his eldest daughter Anne, whom failing, by the heirs-male of his other daughters in succession. A few years after his succession the young Earl, acting under the advice of his curators, made a deathbed settle- ment in favour of his cousin Thomas Oochrane of Kilmaro- nock, dated 25 January 1725, by which he constituted him heir of entail and sole executor. This, however, led to the litigation that followed on his death, which took place two days after the execution of the deed, at the age of seven- teen years. His testament was given up by Thomas, sixth Earl of Dundonald, executor decerned to him by the Com- missary Court of Glasgow, and proved 3 June 1725. VI. THOMAS, sixth Earl of Dundonald, who now assumed the title, was born in 1702, and was known up to the time of his succession to the family honours as Thomas Cochrane of Kilmaronock, son of William Cochrane of Kilmaronock, grandson of the first Earl (see p. 351). On the death of his cousin, the fifth Earl of Dundonald, he became, by virtue of a clause in the original entail, heir-male to the title and entailed estates of Dundonald, and was further strengthened in his right by the death- bed deed of his cousin entailing the honours and property to him. The fourth Earl of Dundonald had, however, executed a gratuitous deed of entail in favour of the heirs- male of his daughter Anne (who had married the fifth Duke of Hamilton), whose son, the Marquess of Clydesdale, now disputed the succession. After a lawsuit the decision of the Court of Session placed Thomas Cochrane of Kilmaro- ! COCHRANE, EARL OF DUNDONALD 357 nock in possession of the title and entailed estate, and left the Marquess of Clydesdale heir of provision to the unen- tailed property. The sixth Earl was granted, February 1727, a charter under the Great Seal of his lands in the shires of Peebles, Lanark, Renfrew, Ayr, and Dumbarton. In 1729 the estate of Kilmaronock was sold to the Duke of Mont rose. The Earl died at Paisley 28 May 1737,1 and his will, dated at Paisley, was proved by his widow at Glasgow 12 August in that year. He married, October 1727, Katherine, second daughter of Lord Basil Hamilton of Baldoon, sixth son of William and Anne, Duke and Duchess of Hamilton, who survived her husband forty-two years, and died at Bath 13 April 1779. They had issue :— 1. WILLIAM, seventh Earl of Dundonald. 2. Basil, who entered the Royal Navy, and died un- married at Portsmouth 6 September 1748. 3. Mary, died unmarried in Durweston Street, London, 16 March 1805.2 4. Katherine, married to William Wood of Nether Gallow- hill, died 4 October 1776, and had issue. 5. Charlotte, buried at Holyrood 10 May 1790.3 VII. WILLIAM, seventh Earl of Dundonald, born at Paisley in October 1729, was eight years old at his father's death. There are several contemporary accounts of a spirited adventure that he undertook when sixteen years of age on the occasion of the invasion of 1745. On hearing that Prince Charles Edward had established himself at Edin- burgh, the young Earl of Dundonald escaped from his curators, and hiring horses, set out one Sunday morning from Glasgow for the capital.4 He reached the city by nightfall, and thinking it would make his entrance more practicable if he joined another party, he overtook a coach and six that contained Lochiel's wife and children. On reaching West Port they found the gate closed, and Lord Dundonald's man called out to the Highland Guard to open the gates to some of the Prince's people. His loud voice reached the 1 Gentleman's Mag. 2 Ibid., Ixxv. 293. 3 Holyrood Burial Reg. : she is merely described as * daughter to the Earl of Dundonald.' 4 Caledonian Mercury, Monday, 28 October 1745, 358 COCHRANE, EARL OF DUNDONALD Castle, which General Preston was defending for the Government. Three guns were promptly loaded with grape- shot, depressed, and fired on the cavalcade, with the result that the man who had called out was killed, and Lord Dundonald's horse was shot under him. Lord Dundonald stayed in Edinburgh two days, but did not join the Prince's army, in spite of the example of his cousin and trustee, William Oochrane of Ferguslie. In 1750 the Earl went to Holland and obtained, 8 March, a commission as captain in the regiment of Scots Hollanders then commanded by Major-General Stuart.1 He appears to have returned to Scotland in 1753, when we find him taking an active part in the improvement of the town of Paisley. Lord Dundonald finally joined the 17th Foot, then under the command of General Forbes. With this regi- ment he embarked for America in 1757, their ultimate destination being Louisberg, a fortress on Cape Breton Island, which, however, was not reached until 1758. Dur- ing the siege of the fortress Lord Dundonald was killed, 9 July 1758. He was twenty-nine years old, and, dying unmarried, he was succeeded in his title by his cousin, Major Thomas Oochrane of Gulross and Ochiltree. VIII. THOMAS, eighth Earl of Dundonald, who succeeded his cousin, was the grandson of Sir John Oochrane of Ochil- tree. (See p. 349 supra.) He entered the army as cornet in the Royal Dragoons, and became Fort Major of Fort St. Philip in Minorca, which he left in 1715, and returned to Great Britain.2 He then became captain of a company in Major-General Thomas Whetham's regiment, the 27th Foot (commission dated St. James's 21 January 1716).3 He became M.P. for Renfrewshire in 1722. In 1730 he was made a Oommissioner of Excise for Scotland, on which board he sat for many years. At the time of the Jacobite Rising of 1745, Major Ooch- rane and his second wife were living in Edinburgh, and after the evacuation of the city Major Oochrane took part in the proceedings which were instituted against Archibald Stewart, the Provost, in whose hands the defence of the 1 London Gazette, 1749. 2 Robertson's Appeal Cases, 1707-27, p. 558. 3 Home Office Military Entry Book, vol. ii. COCHRANE, EARL OF DUNDONALD 359 city had been left. His deposition on this occasion is to be found in the State Trials 1747, and shows that he pleaded for the defence of the city, or failing the possi- bility of its defence, the destruction or storage of the King's arms, so as to avoid their falling into the hands of the rebels. The Earl of Dundonald acquired the estate of Grange of Romanno,1 afterwards known as La Mancha, in the parish of Newlands, Peeblesshire. He lived there many years, and greatly improved the property. The Earl died at La Mancha 27 June 1778. Thomas, eighth Earl of Dundonald, married, first, about 1721, his first cousin, Elizabeth, daughter of James Ker of Moriestoun and Grizel Oochrane (daughter of Sir John Oochrane of Ochiltree), who died in 1743. He married, secondly, 6 September 1744,2 Jean, daughter of Archibald Stuart of Torrance, co. Lanark. She has been the subject of eulogy by many writers. She survived her husband by many years, living alternately at La Mancha and Belleville, Edinburgh, but finally, at the age of eighty-six, she travelled to London, and died in the house of her son Basil, in Port- man Square, 21 March 1808.3 The Earl of Dundonald had issue : — 1. William, born circa 1722, who died in the eighth year of his age, 1730. 2. Argyll, born 1746, and died young. 3. ARCHIBALD, ninth Earl of Dundonald. 4. Charles, born 12 January 1749, and baptized 13 January in Edinburgh.4 Entered the army. A.D.O. to Lord Cornwallis, and killed at New York 18 October 1781.5 He married Catherine, daughter of Major Pitcairn (Royal Marines), and by her had issue a son and daughter, who both died young. She married, secondly, Charles Owen Cambridge, and died 24 October 1835. 5. John, born 3 July 1750. Deputy Commissary to the forces in North Britain 1793. Married at St. Mary- lebone, London, 7 May 1800 . . . daughter of . . . 1 Chambers's History of Peeblesshire, 780. 2 Scots Mag. 3 Edinburgh Evening Courant, 2 April 1808. 4 Edin. Par. Reg. 6 Caldwell Papers, vol. iii. p. 345. 360 COCHRANE, EARL OF DUNDONALD Birch of Pinner, who died with her infant son 1801. He died in Harley Street, London, 21 November 1801.1 6. James Atholl, born 23 October 1751. Vicar of Mans- field, married Mary Smithson, and died 1823. She died 15 March 1867, aged eighty-nine. 7. Basil, born in the Palace of Holyrood 22 April 1753. In the Madras Civil Service. Married, 13 August 1812, at Whitton Place, Caroline, sister of George Gosling, relict of Rev. S. Lawry. He died 14 August 1826. She died 2 October 1837. 8. Thomas, died young. 9. George, died young. 10. Alexander Forrester Inglis, Admiral, G.C.B., born 22 April 1758. He married, at New York, April 1788, Maria, daughter of David Shaw, and widow of Captain Sir Jacob Wlieate, Bart., R.N. She died 18 March 1856, and he died 29 June 1832, after a distinguished naval career, leaving issue, from whom is descended Charles Wallace Alexander Napier Ross Cochrane-Baillie, second Baron Lamington. 11. George Augustus Frederick, born 26 November 1762, lieut.-colonel. M.P. for Grampound. Died unmarried. 12. Andrew James Cochrane Johnstone, born at Belle- ville, near Edinburgh, 24 May 1767. He married, first, 20 November 1793,2 Georgiana, daughter of James, third Earl of Hopetoun, when he assumed the name of Johnstone ; she died 17 September 1797. Secondly, 21 March 1803, Amelia Constance Gertrude Etienette, widow of Monsieur Godet of Martinique, and only child and heiress of Baron de Clugny, Governor of Guadaloupe. By his first wife he had a daughter, Elizabeth, born 26 December 1794, married, 28 March 1816, to William John, ninth Lord Napier, and died 6 June 1883. 13. Grizel, born July 1727, who died unmarried. 14. Elizabeth, baptized in the parish of Edinburgh, 16 August 1745. She was married, 14 November 1775, to Patrick Heron of Heron, and died 19 February 1811. IX. ARCHIBALD, ninth Earl of Dundonald, second, but 1 Gent's Mag., Ixxi. 1059. 2 Ibid., vol. Ixiii. 1051. COCHRANE, EARL OF DUNDONALD 361 eldest surviving son, was born 1 January 1748. He entered the Army as cornet in the 3rd Dragoons in 1764, but preferring the Navy, he became a midshipman under Captain Stair Douglas.1 He was afterwards promoted to be acting lieu- tenant of a vessel employed on the coast of Guinea, where he first displayed his talents of scientific observation. On returning to Scotland he lived at Oulross Abbey, and devoted himself to the development of the surrounding coalfields, and made important discoveries in relation to coal products ; and in 1785 he obtained an Act of Parlia- ment vesting in him and his assigns for twenty years the sole use of such products throughout his Majesty's dominions. Among them was the application of coal tar as a covering for ships' bottoms, which at that time were unprotected from the ravages of worms. He discovered the illuminating power pf gas, and demonstrated it by means of a pipe improvised from a gun barrel, on applying fire to the end of which a vivid light illuminated the banks and waters of the Forth, but of this discovery he never made any use. The chemistry of manufacture absorbed much of his atten- tion, and he was actively engaged in processes for the production of carbonate of soda, alumina, sal ammoniac, and other chemicals used in manufactures, and wrote numerous pamphlets explaining his patents. He was among the first who drew attention to the inti- mate connection between agriculture and chemistry, on which subject he published a treatise. He also demon- strated the value of malted grain as a food for cattle, and published a treatise on the use of salt refuse as a manure ; but neither these nor his patents of manufacture, many of which have been proved to be of universal utility, ever recouped him for the money spent on their development, and at the end of a long and busy life the Earl of Dun- donald found himself in great poverty. In 1823 he was granted a pension by the Literary Fund Society. The Earl died at Paris 1 July 1831. He married, first, at Annsfield, 17 October 1774, Anne,2 second daughter of Captain Gilchrist of Annsfield, R.N., and had issue by her, who died 13 November 1784. 1 Public Characters, vol. 1809-10, p. 277. 2 Par. Reg., Hamilton, Lanarkshire. 362 OOOHRANE, EARL OF DUNDONALD He married, secondly, in London, 12 April 1788, Isabella, widow of John Mayne of Teffont Evias, co. Wilts, and daughter of Samuel Raymond of Belchamp Hall, co. Essex.1 She died December 1808, without issue. He married, thirdly, in April 1819, Anna Maria, eldest daughter of Francis Plowden, Esq., LL.D., an Irish his- torian.2 She died 18 September 1822.3 The ninth Earl of Dundonald had issue — 1. THOMAS, tenth Earl of Dundonald. 2. James Gilchrist, died young. 3. Basil, lieutenant-colonel 36th Foot. Died 14 May 1816.4 4. William Erskine, major 15th Regiment Dragoons, married Mary Ann, daughter of Alexander Manson, and died 16 March 1871. She died 22 October 1860. They had issue. 5. Archibald, captain Royal Navy. Died 6 August 1829. Married, 11 January 1812, Hannah Jane, daughter of Arthur Mowbray of Sherburn Hall, co. Durham, who died 8 October 1864, with issue. 6. Charles, died young. 7. Anne, born 10 March 1777.5 8. Dorothy, only child by the third marriage, born March 1820, died 3 October 1830. The Earl had also an illegitimate daughter, Janet, who was married, first, to Major Thomas Woodhall, 12th Regi- ment, and secondly, 8 June 1807, to Sir George Tuite, Bart. She died 21 February 1845. X. THOMAS, tenth Earl of Dundonald, was born at Anns- field in Lanarkshire 14 December 1775, and became well- known throughout the world as an admiral of the first rank. In 1793 he joined his first ship, the Hind, then under the command of his uncle, Captain Alexander For- rester Cochrane, and two years later became acting lieutenant of the Thetis, then on the American station. On his return to England he was appointed to the Fou- droyant, and proceeded to the Mediterranean, where he served under Lord Keith. He first distinguished himself when in command of the Speedy, a brig of 158 tons, and 1 Gentleman's Mag. 2 Annual Register, vol. Ixi. p. 110. 3 Gent.' & Mag., ci. p. 172. * Ibid., Ixxxvi. p. 637. 5 Hamilton Par. Reg. COCHRANE, EARL OF DUNDONALD 363 during his thirteen months' command of her he succeeded in capturing upwards of 50 vessels, 122 guns, and 534 prisoners; and in 1801 he was advanced to post rank. After an interval he was appointed to the Pallas, a 32-ton frigate, with which he made remarkable captures of prizes off the Azores; and later, in the Bay of Biscay, with this small ship and only forty men on board, he chased and drove ashore three French corvettes, each of them being in size and numbers more than a match for the Pallas. At the General Election of 1806 he became member for Honiton, and in 1807 for Westminster, being returned for that city at the head of the poll. In Parliament his main object was to draw attention to naval abuses ; and this, like many other of his actions, giving offence to the Admir- alty, he was ordered out to the Mediterranean. In 1809, after his brilliant defence of Rosas, Lord Coch- rane was commissioned to destroy the French squadron, then assembled in the Basque Roads. The attack^ by means of fire-ships, was successful on 1 April, and resulted in the stranding of all but two of the French fleet. On arriving in England he was honoured with a K.B., but by his opposition to the Parliamentary vote of thanks to Lord Gambier in the House of Commons, secured a court-martial on his senior officer, who, being tried by a friendly court, was honourably acquitted, while Lord Cochrane, having by his constant devotion to the reform of naval abuses irritated both the Admiralty and many members of the Government, was placed on half-pay. In 1814 he was the victim of a Stock Exchange plot to raise the prices of stocks by spreading rumours of the death of Napoleon. The trial which ensued, and which is well known, resulted in his imprisonment and a fine of £1000. His name was struck off the Navy List, he was expelled from the House of Commons, and from the number of the Knights of the Bath, but within a few days was unani- mously returned member for the City of Westminster, with a resolution that he was perfectly innocent of the Stock Exchange fraud. He, however, underwent his term of imprisonment, and was finally induced to pay his fine of £1000. Later on he was reimprisoned on a charge of 364 COCHRANE, EARL OP DUNDONALD having previously escaped from the King's Bench, his defence being that he had been illegally imprisoned. His fine on this occasion was £100, which was paid by subscrip- tions spontaneously collected by his constituents. In 1817 he accepted an offer from the Chilian Govern- ment, and proceeded to Valparaiso, where he commanded the Chilian Navy against Spain, and by his brilliant services secured the freedom of that country and of Peru, being for his services created Knight of the Order of Merit of Chili. In 1823 he entered the service of the Emperor of Brazil, and became that country's ' First Admiral ' and the Father of the Brazilian Navy, which owed its creation to his administrative abilities. On his resignation of this com- mission he was created Marquis of Maranham and Grand Cross of the Cruzero of Brazil by the Emperor. In 1825 he accepted the command of the Greek Navy, then embarking on the War of Independence, an office which he held till the end of the war in October 1827. He was then created Knight of the Saviour of Greece. Returning to England, Lord Cochrane succeeded his father in 1831, and in 1832, under William iv., he received, in answer to his petition for a re-investigation of his trial, a ' free pardon.' This, though not giving him the re-investigation he hoped for, was followed eventually by his being restored to his rank in the navy. He was reinstated in the Order of the Bath and created G.O.B. 25 May 1847, and gazetted as a rear- admiral 23 October 1854. The Earl then devoted himself to the mechanical inventions for which he had inherited his father's genius. He constantly urged upon Govern- ment the necessity of adopting steam power, and himself disbursed enormous sums in trying to solve the problems of steamship building, while, though he never succeeded in constructing a really successful steamer, he demonstrated in his Janus the lines on which future improvements were to be effected, many of which were subsequently adopted. In 1848 Dundonald was appointed Commander-in-chief on the West Indian and North American station, where he served for three years. At the outbreak of war with Russia he urged the adoption of his 'Secret War Plans.' These had been prepared by him in 1811, but though they GOCHRANE, EARL OF DUNDONALD 365 were admittedly considered to be an infallible method for the complete destruction of the enemy, yet owing to their very magnitude they have never been put in force. The last few years of the EarPs long and brilliant career were lightened by his re-admission to those honours of which he had been so ruthlessly deprived in 1814, and by the recognition of and enthusiasm for the great personal qualities which had endeared him to so many nations through more than half a century. He died in London 31 October 1860, and was buried in Westminster Abbey, where his grave, even now, is an object of pilgrimage to the grateful Brazilians, whose representatives yearly place a wreath on the spot. He married first, secretly, at Annan, 8 August 1812, and then openly, 22 June 1818 (both being styled unmarried persons), at Speldhurst, co. Kent, Katherine Frances Cor- bett, daughter of Thomas Barnes of Romford, co. Essex, who survived him, and died, 25 January 1865, at Boulogne. By her he had issue :— 1. THOMAS BARNES, eleventh Earl of Dundonald. 2. Horatio Barnardo William, born 8 March 1818. Served in 92nd Gordon Highlanders. Married, 29 October 1844, Frances Jacobina, only daughter of Alexander Nicholson, and widow of George James Carnegie. She died 25 July 1881. He died s. p. 6 February 1900. 3. Sir Arthur Auckland Leopold Pedro, K.O.B., born 24 September 1824. Admiral R.N., distinguished himself at the siege of Acre, commanded H.M.S. Niger, and was wounded at the destruction of the Chinese fleet June 1857. Died 20 August 1905. 4. Ernest Grey Lambton, captain R.N., born 4 June 1834. Married, first, at Free Town, 15 September 1864, Adelaide, daughter of Major Samuel W. Black- wall, Governor of Sierra Leone. She was born 1841, and died 8 October 1864. He married, secondly, 16 October 1866, Elizabeth Frances Maria Catherine, only child of Richard Doherty of Red Castle, co. Donegal, and has issue. 5. Elizabeth Josephine, born 6 March 1820, died 21 March 1821. 366 COCHRANE, EARL OF DUNDONALD 6. Katherine Elizabeth, born 9 December 1821, married 27 February 1840, to John Willis Fleming of Stoneham Park, Hants, and died at Florence 25 August 1868. XI. THOMAS BARNES, eleventh Earl of Dundonald, was born 18 April 1814. He entered the 66th Foot, and served with that regiment through the Canadian Rebellion of 1837-38. In 1841 he joined the China Expedition, and was present at the investment of Nankin, and in 1846 was appointed Quartermaster - General to the Forces in China. He patented improvements in the production of hydro- carbons and oils from bituminous substances. He was a Representative Peer of Scotland : he died at Hyde Park Place 15 January 1885. He married, 1 December 1847, Louisa Harriet, daughter of William Mackinnon of Mackinnon, who died 24 February 1902, leaving issue : — 1. Thomas Alexander, born 10 April, died 25 July, 1851. 2. DOUGLAS MACKINNON BAILLIE - HAMILTON, who suc- ceeded. 3. Thomas Horatio Arthur Ernest, born 2 April 1857. Educated at Eton, was formerly in the 93rd High- landers, and served in the Scots Guards and the 4th Battalion of the Argyll and Sutherland High- landers. Served in South Africa as Assistant Provost- Marshal 1900. J.P., co. Fife, and member for North Ayrshire since 1892. Deputy-Lieutenant for Ren- frewshire. Under-Secretary of State for the Home Department from 1902. Married, 2 December 1880, Gertrude, eldest daughter of George Frederick, Earl of Glasgow, and has issue four sons and four daughters. 4. Louisa Catherine Emma, born 1 September 1848, mar- ried, 30 June 1873, to Edward, second Baron O'Neill of Shanes Castle, co. Antrim, and has issue. 5. Alice Laura Sophia, born 8 September 1849. Married, 27 July 1878, to George Onslow Newton, who died 7 December 1900, leaving issue. 6. Elizabeth Mary Harriet, born 22 June 1854. 7. Esther Rose Georgina, born 15 February 1856. OOCHRANE, EARL OF DUNDONALD 367 XII. DOUGLAS MACKINNON BAILLIE - HAMILTON, O.V.O., C.B., the twelfth Earl, was born in Scotland 29 October 1852. He was educated at Eton, and entered the army July 1870. In 1884 he went to the Soudan in command of a detach- ment of the Camel Corps in the expedition for the relief of Khartoum. For his distinguished services in this campaign he was mentioned in dispatches and received the medal with two clasps, and the Khedive's bronze star, with the brevet of lieutenant-colonel. In 1889 he reached the rank of full colonel in the army, and in 1895 commanded the 2nd Life Guards. On the outbreak of the South African War in October 1899 he went to Natal as a volunteer, and Sir Redvers Buller gave him the command of the mounted troops in Natal on 22 November. In command of this brigade, consisting mainly of colonial irregulars, he took a prominent and successful part in all the fighting of the Natal army. For "these services he was mentioned six times in despatches, received the medal with six clasps, and was promoted to the rank of major-general for dis- tinguished service in the field. In January 1885 he succeeded his father in the title, and the same year was elected one of the sixteen Representa- tive Peers for Scotland. He is the author of numerous inventions of considerable value. On 20 July 1902 he was gazetted to the command of the Canadian Militia, which he held until 1904. He is the author of a scheme for the reorganisation of the Canadian Militia on entirely new lines, which has been adopted, and he wrote a new drill and training-book, suitable both for cavalry and infantry, which is likely to have a very wide application. He also reorganised the cadet corps system, and created various other organisations for the improve- ment of the militia. Married, 18 September 1878, Winifred, daughter of R. Bamford-Hesketh, Esq., of Gwrych Castle, Abergele, and has issue : — 1. THOMAS HESKETH DOUGLAS BLAIR, LORD COCHRANE, born 21 February 1886. 2. Douglas Robert Hesketh Roger, born 24 June 1893. 3. Grizel Winifred Louise, born 14 May 1880. Married, 1 March 1904, at Westminster Abbey, to Ralph Gerard Alexander Hamilton, Master of Belhaven, 368 COOHRANE, EARL OP DUNDONALD only son of Alexander Charles, Lord Belhaven and Stenton. 4. Jean Alice Elaine, born 27 November 1887. 5. Marjorie Gwendolen Elsie, born 18 December 1889. CREATIONS. — 27 March 1647, Lord Cochrane of Dundonald ; 12 May 1669, Earl of Dundonald, Lord Cochrane of Paisley and Ochiltree. ARMS. — Argent, a chevron gules, between three boars* heads, erased, azure. CREST. — A horse passant argent. SUPPORTERS. — Two greyhounds, argent, collared and lined or. MOTTO. — Virtute et Lahore. [K. P.] SETON, EARL OF DUNFERMLINE LEXANDER SETON, fourth son of George, Lord Seton, by Isabel, daughter of William Hamilton of Sorn and Sanquhar, High Trea- surer of Scotland, was born in 1555. From his godmother, Queen Mary, he received as 4ane god - bairne gift ' the lands of Pluscarden in Moray, with which he was otherwise afterward identified. 'Finding of him of a great spirit ' his father sent him to Rome at an early age, with the view of his entering the Church, and he studied for some time in the Jesuits' College. According to Spottiswoode, Seton took holy orders abroad, and the assertion appears to be confirmed by Scotstarvit, who mentions that ' his chalice wherewith he said Mass ' at his home-coming was sold in Edinburgh. The establishment of the Reformed Religion in Scotland is supposed to have induced young Seton to abandon his ecclesiastical pursuits and to betake himself to the study of the Civil and the Canon Law. After a residence of seven years in France he returned to Scotland to prosecute his legal studies, and ultimately was called to the Bar about 1577, when he was twenty-two years of age. In 1583 he accompanied his father, Lord Seton, in an embassy to Henry in. of France, and on 27 January 1586 he was admitted as an extraordinary Lord of Session. In 1587 the lands of Urquhart VOL. III. 2 A 370 SETON, EARL OP DUNFERMLINE and Pluscarden were erected into a barony and granted to him, and on 16 February 1588 he was promoted to the posi- tion of an ordinary lord under the title of Lord Urquhart, but the suspicion of his still being a Roman Catholic appears to have excited the jealousy of the court.1 It has been generally supposed that his elevation to the peerage did not take place till 1597, when he was created LORD FYVIE, with remainder, failing heirs-male of his body, to his next elder brother, Sir John Seton of Barns, in like manner,2 but there seems to be good reason for holding that 4 Urquhart ' was something more than a judicial title, and that he was ennobled under that designation several years earlier than has hitherto been believed. Crawfurd ex- pressly states that he was l advanced to the dignity of a Lord of this Realm ' on 3 August 1591. 3 Five years after his appointment as an ordinary judge he was elected to the President's chair, at the comparatively early age of thirty-eight, and continues to be styled 'Urquhart.' His last appearance under that designation is on 8 December 1597, after which he is entered as ' Fy vie, preses,' though his formal creation as a Lord of Parliament was not until 4 March 1597-98.4 His last appearance as President is 10 March 1604-5.5 He was one of the ' Octavians,' or persons named for the management of the Exchequer, and popularly so styled. It has been stated6 that he was in- trusted with the tuition of Prince Henry till he went to England in 1603; this is doubtful, but he certainly had the charge of Henry's younger brother, afterwards King Charles I. Early in 1604 Seton was appointed Vice- Ohancellor and also a Commissioner for the incorporate Union of England and Scotland. In order that this favourite measure of King James might secure the full benefit of Seton's legal knowledge and political sagacity, the Earl of Montrose was persuaded to resign the office of Chancellor, which was bestowed upon Seton in 1604. On 4 March 1604-5 Seton was created EARL OF DUN- FERMLINE, with the remainder to himself and his heirs- 1 Books of Sederunt. 2 Wood's Douglas's Peerage gives 4 March 1598 as the date of the creation, but he appears as ' Fyvie, preses ' in the Sederunt of 20 December 1597. 3 Peerage, p. Ill ; see also State Paper Office MSB., vol. xlviii. No. 62. 4 Reg. Mag. Sig. 6 Ibid. 6 Douglas's Peerage. SETON, EARL OF DUNFERMLINE 371 male. The Earl was one of the Commissioners who pronounced the ' Decreet of Ranking ' of 1606 regulating the precedence of the Peers of Scotland. In 1608 he resigned the provostship of Edinburgh, an office which he had held for ten years, and in the following year was made a Privy Councillor of England, and was appointed joint- commissioner with the Earl of Dunbar to represent His Majesty in the Convention of Estates.1 The Chancellor, like his father, was a patron of the turf, and he presented a * sylver race bell double overgilt ' to be run for at Dun- fermline.2 On 6 April 1611 he got a charter of novodamus of the lands and baronies of Urquhart and Py vie, the lands of Dalgetty and Danduff, which were all incorporated into the earldom of Dunf ermline and lordships of Fy vie and Urquhart. He was also on the same day appointed Keeper of the Palace of Holyroodhouse, an, office which had become vacant through the death of the Earl of Dunbar. Lord Dunfermline was appointed Commissioner to the Parliament of 1612. In 1621 the now venerable Chancellor addressed a curious letter to Sir Robert Kerr of Ancrum. Although written a little more than a year before his death and containing a touching allusion to his advancing years, it indicates the possession of no inconsiderable amount of vigour as well as of a calm and contented mind. He quaintly writes : ' I hope shortlie to discover my port. . . . Ego jam post terga reliqui sexaginta annos and f y ve maa ; bot I think tyme now [to] be mair circumspect, noch sa reddie to tak meikill in hand for monye respects. ... I have been twayis or thrise this spring ellis at Archerie, and the same bowis that served me 40 yiers sence fittis me als weill now as eiver and ar als far at my command.' The port to which the Chancellor referred was nearer than he imagined. After a very brief illness he ended his career at Pinkie on 16 June 1622, in the sixty- seventh year of his age. In a circumstantial description of his funeral 3 the body is said to have been embalmed and removed to Dalgetty three days after his death, at which place he was buried on 9 July. Besides distinguishing himself highly both in the fields of law and politics, the Chancellor was no less eminent in other departments. His 1 Crawfurd's Lives, 156. 2 Records of the burgh of Dunfermline, 19 A pril 1610. 3 Lyon Office MS. 372 SETON, EARL OF DUNFERMLINE skill in architecture is testified in the ornamental additions which he made to his house at Pinkie, and still more in the stately and beautiful castle of Fyvie which he built, while his fondness for heraldry is shown in the numerous coats of arms displayed in that mansion. It has been truly said of him that he 4 may certainly be regarded as having been versatile and many-sided in no ordinary degree. . . . Up to the beginning of the seventeenth century he was unques- tionably the greatest lawyer that had been privileged to preside in the Oourt of Session; and in the successful discharge of the duties of the higher office of Chancellor, which he filled for the long period of eighteen years, he was probably not surpassed by any of the other distin- guished men who held the same important position.' The Earl of Dunfermline married, first, before 1 July 1592, Lilias, second daughter of Patrick, third Lord Drummond, and sister of James, first Earl of Perth. She died in Dalgetty 8 May 1601. He married, secondly (contract 27 October 1601), Grizel Leslie, fourth daughter of James, Master of Rothes, and sister of John, sixth Earl of Rothes. She died 6 September 1606. He married, thirdly, in 1607, Margaret Hay, daughter of James, seventh Lord Hay of Tester. She was married, secondly, in 1633, to James, Lord Almond, after- wards first Earl of Oallander, and was buried, 20 January 1659, with her first husband at Dalgetty. By his first wife he had. 1. Anne, married before June 1610 to Alexander Erskine, Viscount Fentoun, only son of Thomas, first Earl of Kellie (who predeceased his father), and had issue. 2. Isabel, born 1 August 1594, married, before 18 June 1610, to John Maitland, afterwards first Earl of Lauder- dale, by whom she had fifteen children, and died 2 November 1638, and was buried at Haddington. 3. Margaret, born 15 June 1596. 4. Margaret (secunda), born 8 August 1599, married to Colin Mackenzie, first Earl of Seaforth, died 20 February, and was buried 8 March 1630 at Dalgetty.1 5. Sophia, married, at Dunfermline, 16 February 1611-12, to David, first Lord Lindsay of Balcarres. 1 Funeral entry, Lyon Office. SETON, EARL OP DUNFERMLINE 373 By his second wife he had :— 6. Charles, died young. 7. Lilias, died unmarried. 8. Jean (4 ane very comely wenche '), married in 1621 to John Hay, afterwards first Earl of Tweeddale. By his third wife he had :— 9. CHARLES, second Earl of Dunfermline. 10. Grizel, born 26 December 1609,1 4a brave lady, who lived to a good age, but would never marrie though she had nobile suitors.' 11. Mary, died young. 12. Another child was probably born toward the end of November 1615. II. CHARLES, second Earl of Dunfermline, was born in 1608, and succeeded his father at the age of fourteen. His tutor was the Chancellor's nephew George, third Earl of Winton, who 'keepit.him and his sister Grizel and their servantts in his house, free gratis, all the years of his tutary.' He appears to have done well by his cousin, as at the expiry of his office he left him the estate free of all debt. Notwithstanding a statement of doubtful accuracy that he had largely wasted his means by gaming and other extravagance a few years after his majority,2 Lord Dun- fermline seems to have lived by no means a useless life. He was frequently at the English Court with King Charles I., to whom he acted as Gentleman of the Bed- chamber. On more than one occasion he commanded a regiment in the Scots army. On 24 April 1607 he had a charter of novodamus of the bailiary and justiciary of Dunfermline, which was ratified by the Scottish Parliament in 1641. King Charles i. gave him a three nineteen years' tack ' of the lands pertaining to the abbacy of Dunfermline,' stated to have been of the value of £20,000 per annum. The Earl acted as Commissioner to the General Assembly of the Church which met at St. Andrews in 1642. After the execution of King Charles I. in 1649, Lord Dunfermline went to Holland to attend upon Charles n., with whom he returned to Scotland the following year. At the Restora- tion in 1660 he was made a member of the Privy Council ; 1 Dunfermline Register. 2 Staggering State, 17. 374 SETON, EARL OF DUNFERMLINE and 2 November 1669 he was appointed an extraordinary Lord of Session, holding also the office of Lord Privy Seal. He died, in 1672, on or about 11 May, at Seton House,1 and was buried at Dalgetty, having taken a considerable part in the public business of his time, it being expressly stated by Parliament that 4 he hath deserved weel of the publick as a loyall subject to the King, a faithful servant to the Estates of Parliament, and a true patriot to his countrie.' Although the Earl appears to have entered warmly into the earlier movements of the Covenanters, he is said to have gradually veered round to the side of the Royalists. He married Mary Douglas, third daughter of William, Earl of Morton, who died at Fyvie in 1659, and left issue : — 1. Charles, Lord Fyvie, born 1640, and died v. p., being killed in one of the King's ships of war in a sea fight against the States of Holland in 1672. 2. ALEXANDER, third Earl of Dunfermline. 3. JAMES, fourth Earl of Dunfermline. 4. Henrietta, married, first, in September 1670, to William Fleming, fifth Earl of Wigtown ; and, secondly, as his second wife, to William, eighteenth Earl of Crawford. She died 8 April 1681. And other daughters, who died young or unmarried. III. ALEXANDER, third Earl of Dunfermline, succeeded his father in 1672, but died, unmarried, in 1675, at Edin- burgh, and was buried at Dalgetty. IV. JAMES, fourth Earl of Dunfermline, was left by his father and brother in considerable debt, ' but by his virtuous wise carriage he has extricat himselfe of the greatest part of that trouble, and by his good and wise manadgment, not only preserves but improves his estate to his great com- mendation and honour.' In his younger days he served in various expeditions with the Prince of Orange. On his succession to the title he returned to Scotland, and had a charter of the lordship of Urquhart 25 April 1684. He attached himself to the cause of King James vii., and com- 1 He executed a writ of assignation in favour of his son, Lord Fyvie, on 11 May, at Seton House, and was then too weak to sign the docu- ment. He probably died that day, or shortly after it. (Reg. of Deeds, Mack., xxxi., 11 May 1672.) SETON, EARL OF DUNFERMLINE 375 manded a troop of horse under Viscount Dundee at the battle of Killiecrankie in 1689. Lord Dunfermline's social position and military reputation were such that after the death of Dundee he would have received the command but for the unwelcome commission produced by Colonel Cannon, who was ultimately confirmed in the command of the Jacobite army by the King. The Earl was outlawed and forfeited by Parliament in 1690. He followed King James vii. to St. Germains, and had the Order of the Thistle conferred upon him. He died at St. Germains 26 December 1694. He married Jean Gordon, third daughter of George, fourth Marquess of Huntly, but by her, who sur- vived him, and was living 4 March 1695, he had no issue.1 CREATIONS. — 4 March 1597-98, Lord Fyvie; 4 March 1605, Earl of Dunfermline. ARMS. — Quarterly, 1st and 4th, Or, three crescents within a double tressure flory counterflory gules, for Seton ; 2nd and 3rd, Argent, on a fess gules three cinquefoils of the first, for Hamilton of Sanquhar. CREST. — A crescent gules. SUPPORTERS.— Two crescents gules. MOTTO. — Semper. [G. S.] 1 A claim has been made to this Peerage by James Seton, Esq., styling himself Baron Seton of Andria. He alleges that the fourth Earl left a daughter, Grizel, from whom he is descended, and that the destination of the Peerage was altered from heirs-male to heirs-general by a Royal Letter of 1620. GALLOWAY, LORD DUNKELD B. PATRICK GALLO- WAY, son of Thomas Galloway, baxter, burgess of Dundee,1 and Christian Nicoll, was minister of Easter Fowlis in 1576.2 Translated to Perth, he was admitted to that charge 25 April 1581. 3 He seems to have been suspected by King James vi. of attachment to the Gowrie interest, and found it necessary to seek refuge in England in May 1584.4 He was summoned before the Council, and failing to appear, was outlawed 6 June 1584,5 but returned to duty at Perth in November of the following year.6 On 11 February 1589-90 he left Perth to assume charge as Minister of the King's House.7 In the year 1600 he was one of the most prominent of His Majesty's supporters against the Gowrie family,8 but he was never- theless removed from court at the Queen's instance in June 1601.9 He sat in Parliament 12 June 1590, and served on commissions connected with Church affairs in 1592, 1596, and 1606 ; 10 was elected Moderator of the General Assembly 1 Protocol Book of Alexander Wedderburn the elder, f. 2, 14 Novem- ber 1577, Dundee Council Chambers 4a. 2 Scott's Fasti, pt. vi. vol. iii. 719. 3 Chron. of Perth, Maitland Club, 1831, p. 4. 4 Calderwood's Hist, of the Kirk, iv. 38 ; Scott's Fasti, pt. iv. vol. ii. 610. 5 P. C. Reg., iii. 670. 6 Bannatyne Misc., i. 110. 7 Chron. of Perth, loc. cit. 8 Calder- wood. vi. 77, 78. '» Ibid., vi. 135. 10 Ada Parl. Scot. GALLOWAY, LORD DUNKELD 377 4 August 1590, and again 10 November 1602 ; and became one of the ministers of Edinburgh in June 1607.1 He died between 1 January 2 and 10 February 1626.3 He married, first, in May 1583,4 Matillo Guthrie (probably a daughter of Alexander Guthrie, Common Clerk of Edin- burgh),5 who died in the month of June 1592. By her6 he had issue : — 1. William, who died v. p.1 2. JAMES, of whom after. 3. Dorothy, who was married, as his first wife, shortly after 8 December 1604,8 to Mr. William Adamson of Craigcrook.9 4. Christian.10 Mr. Patrick married secondly, before 14 June 1598, Katherine Lawson,11 widow of Gilbert Dick, merchant, burgess of Edinburgh.12 She is said to have been daughter of Mr. James Lawson, one of the ministers of Edinburgh,13 and a very eminent man ; but it seems more probable that William Lawson, a merchant in Edinburgh, was her father.14 I. Mr. JAMES GALLOWAY (afterwards first Lord Dunkeld), only surviving son,15 was appointed Master of Requests 3 March 1627, having previously officiated in that capacity.16 On 23 June 1628 he and one Nathaniel Udwart had a grant of the monopoly of casting iron ordnance in Scotland for twenty-one years.17 He was knighted before 22 February 1631, on which date he and Udwart had a grant for thirty- one years of another monopoly for producing salt by a new process of evaporation discovered by the latter.18 He was admitted Privy Councillor 5 August 1630, on a royal war- rant dated 5 May 1628,19 and his name appears again in the 1 Scott's Fasti, pt. i. vol. i. 151. 2 Edin. Tests., 18 May 1626. 3 Edinburgh Burgess Rolls of date. 4 Kirk Session Reg. of Perth, 21 April 1583, cited in Wilson's Presbytery of Perth, 169 ; Scott's Fasti, pt. i. vol. i. 8. 5 Ms. Note by the late Mr. Alexander Sinclair. 6 Edin. Tests., 27 November 1594. 7 Ibid., 18 May 1626. 8 Protocol Book of Mr. Alexander Guthrie, Edin. City Chambers, xv. 34. 9 Reg. of Deeds, Dxxxii., 23 November 1641; Ibid., DxL, 27 July 1642. 10 Edin. Tests., loc. cit. " Reg. of Deeds, Ixxii. 266. 12 Reg. of Inhibitions, Edin., x. 191. 13 Crawfurd's Peerage, 122. u Reg. of Deeds, loc. cit. ; Edin. Burgess Rolls ; Edin. Tests., 24 August 1588 and 7 March 1599. 15 Edin. Tests., 18 May 1626. 16 Reg. Sec. £ig., xcix. 213. 17 Reg. Mag. Sig. ; P. C. Reg., 2nd series, ii. 296. 18 Reg. Mag. Sig. 10 P. C. Reg., 2nd series, iv. 2, 3. 378 GALLOWAY, LORD DUNKELD commission constituting a new Council, dated 27 March 1631. l He was nominated member of a commission for the valuation of teinds 28 June 1633.2 On 10 October 1634 he was served heir-general to his father.3 He was one of the Commissioners of Exchequer, and served on the commission for prosecuting persons accused of harbouring Jesuits.4 On 26 March 1640 he was appointed Auricularius (secretary or amanuensis) 5 to the King in Scotland,6 and in a charter dated 20 June 1641, appointing him Master of Minerals in Scotland, he is styled Secretarius.1 On 22 July 1642 William, Earl of Lanark (afterwards second Duke of Hamilton), having petitioned Parliament, and proved that the office of Secretary of State for Scotland had been con- ferred on him in the previous year, Sir James was pro- hibited from assuming the title, or performing the functions, of that office.8 On 21 October 1641 he had a grant of the right of nominating clerks, procurators-fiscal, and other ministerial officers of the Commissary Courts, patronage which had devolved on the Crown in consequence of the suppression of the Episcopate.9 He was appointed Master of Bequests in vitam aut culpam 16 November 1641. 10 He approved himself a most faithful servant to King Charles i. in the times of his greatest exigency,11 and was raised to the Peerage by the title of LORD DUNKELD, with remainder to the heirs-male of his body, 15 May 1645.12 He died at Westminster 13 in the month of November 1660, u and was buried at St. Margaret's Church 2 December.15 He is said to have married a daughter of Sir Robert Norter, Knight, and to have had by her 1$ a son, II. THOMAS, second Lord Dunkeld. On 14 December 1660 he took out letters of administration to his father's estate,17 for which he was also decerned executor-dative in the Scottish form,18 and he was served heir-general to his father 3 May 1662.19 He had a charter of the barony of ' P. C. Reg., 2nd series, iv. 188. 2 Ada Parl. Scot., v. 37a. 3 Retours, Inq. Gen., No. 2075. * Reg. Mag. Sig., 14 and 21 October 1634. 5 Ducange, i. 866. 6 Reg. Mag. Sig. 7 Ibid. 8 Acta Parl. Scot., vi. 182. 9 Reg. Mag. Sig. 10 Acta Parl. Scot., v. 407b. n Crawfurd's Peerage, 122. 12 Reg. Mag. Sig. 13 Admon. Book, 1660, Somerset House. 14 Edin. Tests., 2 August 1661. 15 Complete Peerage, in. 217. 1G Crawfurd's Peerage, 122. 17 Admon. Book, supra cit. He is therein designate filius naturalis et legitimus. 18 Edin. Tests., 2 August 1661. 19 Retours, Inq. Gen., No. 4569. GALLOWAY, LORD DUNKELD 379 Carnbee, co. Fife, 13 January 1671. * He died before 3 August 1684.2 He married, 29 July 1662 (the contract being dated 25 July),3 Margaret Thomson, daughter of Sir Thomas Thom- son of Duddingston, first Baronet.4 She was baptized 25 May 1643.5 On 6 June 1707 she had a disposition of the forfeiture of James, (third) Lord Dunkeld, her son, from David Bethune of Balfour, the Grown grantee ; who nar- rated in the deed that his charter of the lands had been procured for him gratis by the family, and that his name had only been made use of in trust.6 Sasine followed on 19 December 1709.7 Lady Dunkeld was alive 31 December 1725.8 By her Thomas, Lord Dunkeld, had issue :— 1. JAMES, who succeeded ; of him after. 2. Mr. William, baptized 28 November 1669.9 Dead be- fore 7 March.1701.10 3. Mr. Thomas.11 Dead before 7 March 1701.12 4. John, born between 7 March and 4 August 1680.13 He married, postnuptial contract (in which he is designate second, i.e. second surviving son) dated 7 March 1701, Elizabeth Hay, second daughter of Sir George Hay of Pitcullen, and relict of James Rattray of Oraighall Rattray.14 On 16 February 1705 he had a charter, with his spouse, of the barony of Baldovie, co. Fort'ar,15 of which she had been served heir - portioner along with her sister, 30 October 1696.16 He died s. p.17 28, and was buried at Grey friars 30, August 1731. 18 5. Andrew,19 who died s. p.20 6. Margaret, baptized 4 June 1663, buried 9 March 1669. 7. Catherine, baptized 26 June 1665.21 She was married, 1 Beg. Mag. Sig., Ixii. No. 311. 2 Kirk Session Reg. of Carnbee. 3 Reg. of Deeds, Dal., 1 January 1666. 4 Reg. of Mar., Duddingston. 6 Reg. of Bapt., ibid. 6 Reg. of Deeds, Mack., 31 January 1724. r Gen. Reg. of Sasines, xcvii. 274, 4 January 1710. 8 Decreet of date, Mack., cclxvi. pt. ii. 9 Canongate Reg. 10 Reg. of Deeds, Mack., 29 August 1701. 11 Bond of provision dated 15 April 1679, narrated in Reg. of Deeds, Durie, xcii., 1 November, booked 30 November 1699. 12 Reg. of Deeds, Mack., 29 August 1701. 13 Contract of marriage, infra cit., and ratifica- tion of the same. u Reg. of Deeds, Mack., 29 August 1701. 15 Reg. Mag. Sig. , Ixxxi. 81. 1G Retours, Inq. Spec. , No. 544. 17 Decreets, Durie, ccccxx. , 22 January 1745. 18 Reg. of Greyfriars. 19 Gen. Reg. Sas., xcvii. 274, 4 January 1710. 20 Decreet of 1745, supra tit. 21 Canongate Reg. 380 GALLOWAY, LORD DUNKELD as his second wife,1 to Thomas Forbes of Waterton, co. Aberdeen (banns given in 25 March 1698),2 and was alive 31 December 1725. 3 8. Jean, baptized 4 April 1667.4 Alive and unmarried 31 December 1725.5 9. Anne, baptized 29 December 1668 ; she seems to have been buried 22 December 1669. 10. Elizabeth, baptized 6 February 1671.6 She was mar- ried to Mr. John Falconer, minister of Oarnbee 7 (afterwards consecrated Bishop of Dundee and placed in charge of the district of Brechin, and D.D.), and had issue.8 She died in the month of March 1691. 9 Her husband died at Inglismaldie 6 July 1723.10 11. Mary, baptized 7 May 1673.11 She seems to have died young. 12. Margaret, born 1678.12 She was married, 31 July 1701,13 to Thomas Rattray of Oraighall Rattray, co. Perth14 (who afterwards took orders, and be- came Bishop of Dunkeld and Primus),15 and had issue. She died 26 September 1737.16 13. Grisell, born after 15 April 1679.17 She was mar- ried to Patrick Orichton of Orunan,18 who, on 14 July 1732, was served heir of line and provi- sion general to Thomas Orichton of Ruthvens, his brother.19 Patrick Orichton is elsewhere styled 1 Ohirurgeon in Dundee.' 20 III. JAMES, third Lord Dunkeld, was baptized 2 July 1664.21 He succeeded his father before 3 August 1684,22 and took his seat in Parliament 29 April 1686.23 He is said 1 Memoranda relating to the family of Forbes of Waterton, Aberdeen, 1857, pp. 11, 12, and pedigree ii. ; Macfarlane's Genealogical Collections, Soot. Hist. Soc. 34, ii. 235. 2 Carnbee Par. Reg. 3 Decreet of 1745, supra cit. 4 Edin. Reg. 5 Decreet of 1725, supra cit. 6 Canongate Reg. 7 De- creet of 1725, supra cit. 8 Fasti, part iv. vol. ii. 413. 9 St. Andrews Tests., 13 September 1699. 10 Fasti, loc. cit. n Carnbee Reg. 12 Acts and Decreets, Mack., cxxxvii., 15 January 1702. 13 Fam. Reg., printed in Notes and Queries, 7th series, i. 493. 14 Par. Eeg. of Sas., Perth, xvi. 159. u Diet, of Nat. Biog., xlvii. 312. 16 Fam. Reg., supra cit. 17 Eeg. of Deeds, Durie, xcii., 1 November, booked 30 November 1699. 18 Decreet of 1725, supra cit. 19 Decennial Index of Services. m Family Papers of the Forbeses of Waterton. 21 Canongate Reg. 22 Vide supra. 23 Act a Parl. Scot., viii. 579a. GALLOWAY, LORD DUNKELD 381 to have seen his first military service in Hungary.1 At the revolution he adhered to the cause of King James vn., joined Viscount Dundee, and was present at Killiecrankie, 17 June 1689 ; which fact being proved before Parliament, he was forfeited, attainted, and condemned to death as a traitor 14 July 1690.2 He fled to France, where he took service in the army, and obtained the post of lieutenant- colonel in Dillon's Regiment (Infanterie Irlandaise), with the rank of colonel reformed He was killed at the battle of Oassano, 16 August 1705. He married Eleanor Sale,4 who was alive 28 April 1718.5 By her he had : — 1. JAMES,* only son ; of him after. 2. Mart/, who became a nun in the Convent of Val de Grace at Paris, and died there in 1785.7 JAMES GALLOWAY,*WIIO but for the attainder would have succeeded his father as fourth Lord Dunkeld, was born at St. Germain-en-Laye, 12 November 1704. He entered the Gardes du Corps du Roi on 1 January 1722, and the Garde de la Manche in 1724. He seems to have been known in the service as the Comte de Dunkeld,8 and his seal bore a 1 couronne de Comte ' ; 9 but his commissions were addressed to Le Sieur Dunkeld, or de Dunkeld.10 He was appointed captain reforme in Clare's Regiment (Infanterie Irlan- daise), 14 June 1731, and to the command of a company, with the rank of colonel, 2 April 1736. He obtained the cross of Chevalier de St. Louis, 11 April 1743, and the rank of brigadier of infantry, 1 May 1745. On 27 July 1747 he was granted a pension of 3000 livres for distinguished conduct at the head of the Irish Brigade at the battle of Laeffelt (or Val), on the 2nd of the same month. He was appointed Marechal de Camp, 10 May 1748. On 1 August 1749 he was permitted to vacate his company in Clare's Regiment, and he did not serve again in the field. He had 1 Grameid, Scot. Hist. Soc. 3, 157. 2 Acta Parl. Scot., ix. App. 64b. 3 The position of an officier reforme resembled that of an officer on half -pay in the English service. 4 Archives du Minister e de la Guerre, Paris. 5 Family Papers, etc., ut supra. 6 Archives, etc., ut supra. 7 Memoranda, etc., ut supra, letter from her signed ' Mary Galloway of Dunkeld,' dated 20 March 1739, printed at p. 47 ; p. 15 n., and pedigree iv. 8 Archives, etc. 9 Family Papers, etc. 10 Original Commissions among the family papers. 382 GALLOWAY, LORD DUNKELD been present in the campaigns of 1733-34-35 and 1743 on the Rhine, and those of 1744-45-46-47-48 in Flanders.1 He is said to have had a brevet letter to act as lieutenant- general, but to have applied for and obtained leave to retire in consequence of some disappointment ; and apartments were assigned to him in the Chateau de Vincennes.2 He died 18 February 1780,3 and was buried in the church at Vincennes.4 He married Marie Marguerite Angelique Le Rat,5 with- out surviving issue. Some years before his death he married, without surviving issue, the widow of a M. D'Ancelin.6 CREATION.— 15 May 1645, Lord Dunkeld. ARMS, recorded in Lyon Register. — Argent, a lion rampant azure, armed and laugued gules. CREST. — A mound bespread with the rays of the sun proper, embraced betwixt two corn ears saltireways, and ensigned with a [cross-] crosslet or. SUPPORTERS. — Two eagles volant proper. MOTTO. — Higher. [R. E. B.] 1 Archives du Minister e de la Guerre. 2 Memoranda, etc., 15 n. ; ibid., pedigree iv. 3 Archives, etc. 4 Memoranda, etc., loc. tit. 5 Archives, etc. 6 Memoranda, etc., loc. cit. •#;&. MURRAY, EARL OF DUNMORE ORD CHARLES MUR- RAY, second son of John, first Marquess of Atholl, by Amelia Anne Sophia, his wife, daughter of James, seventh Earl of Derby, was born 28 Feb- ruary 1661 at Lord Derby's seat, Knowsley. In 1609 several grants were made by the States General of the United Provinces to the children of the Prince of Orange, one of whom, Charlotte of Nassau, Princess of Orange, mar- ried the Duke de la Trimouille. Her son conveyed his share to his sister Charlotte, Countess of Derby, who gave it to her daughter, the above-men- tioned Marchioness of Atholl, and she in 1682 to her son Lord Charles.1 In 1678 he raised a troop of dragoons, to which, in 1681, two other troops were added, the three being incorporated into a regiment called the Royal Scots Dragoons, now Scots Greys. Of this regiment he was given the active command, under the sign-manual of the King, 25 November 1681, and the Commander-in-chief in Scot- land, General Dalzell, was made its Colonel-in-chief.2 On 28 July 1683 he was appointed Master of the Horse to the Princess Anne of Denmark, afterwards Queen Anne, and in the following year Master of the Horse to the Duchess 1 Family Papers. 2 Family Papers and Dalton's English Army Lists and Commission Register. 384 MURRAY, EARL OF DUNMORE of York ; in 1685 full colonel of the Scots Greys and Master of the Horse to the Queen (Mary of Modena). He was raised to the peerage of Scotland by diploma dated at Windsor 16 August 1686, and created EARL OF DUNMORE, VISCOUNT OF FINOASTLE, and LORD MURRAY OF BLAIR, MOULIN AND TILLIMET (Tullimet). In 1689 he was deprived of his command of the Scots Greys, having been arrested in June of that year, together with his brother Lord Edward Murray and his brother-in-law Lord Lovat on suspicion of disaffection to the Govern- ment. He was imprisoned in Edinburgh Castle, and not until 16 January following does it appear that he was set at liberty, and then upon bail.1 Two years later he was charged with high treason, and committed to the Tower 16 May 1692,2 but admitted to bail in £13,000.3 He was once more arrested in Lancashire 1696, on a similar charge, and imprisoned at Liverpool. On the accession of Queen Anne he was pardoned and sworn a Privy Councillor 4 February 1703, and in Parliament, 21 May that year, his patent was read, and he took the oaths and his seat. He was one of the committee for examining the public accounts 1704, and in September 1705 obtained a gratuity for auditing and examining these accounts. He steadfastly supported the treaty of Union in Parliament. In a letter written by his sister-in-law to her husband Lord Edward Murray 26 November 1706 she remarks, ' Dunmore and his family [are] violent for the Union.' 4 In 1707 he was appointed Governor of Blackness Castle, and 9 December 1709 was allotted rooms in Holyrood, where he died 19 April 1710,5 being buried 24 of same month in the Abbey of Holyrood,6 testament confirmed 1 March 1717.7 He married, 8 December 1682, at St. Edmund the King and Mastyr, London, Katherine, daughter and heir of Richard Watts of Great Munden, co. Herts, by Catherine his wife, daughter of Major-General Robert Werden of Cholmeaton, co. Chester, Treasurer to Queen Mary, and Controller of the 1 Leven and Melville Papers, 372. 2 Ceil. State Papers, Reg. Ho., Edin- burgh; State Papers, Dom., William and Mary, 4, No. 39. 3 Ibid., No. 78. 4 Murray Papers, Reg. Ho., Edinburgh. 5 Holyrood Burial Reg. (Scot. Rec. Soc.) says 12 May for his burial, and in Scottish Monuments by Rogers, i. 115, the same date is given for his death, viz. 12 May. 6 Family Papers. 7 Edin. Tests. MURRAY, EARL OF DUNMORE 385 Duke of York's household,1 and sister of Sir John Werden, Baronet,2 by whom (whose will was proved 22 June 1713, letters of administration granted 22 January 1711 being revoked),3 he had issue :— 1. James, styled Lord Blair to 1702, and Viscount Fin- castle from that year until his death. Born at St. James's Palace 7, and baptized 17, December 1683 at St. Martin's-in-the-Fields, co. Middlesex ; matriculated at Gloucester Hall, Oxford, 24 Nov- ember 1698 ; captain in Colonel George Macartney's regiment of Scots Foot 29 January 1704 ;4 died s. p. 29 September 1704 in the military camp at Breda, in Flanders,5 having married, 29 April 1702, at Living- stone,6 Janet, daughter of Patrick Murray of Living- stone, who survived him. 2. JOHN, styled Viscount Fincastle after his elder brother's death until 1710, when he succeeded his father as second Earl of Dunmore. 3. Robert, of the parish of St. George, Hanover Square, co. Middlesex ; born 7 January 1689 at Whitehall,7 received a commission in the army 1705; gazetted colonel of the 37th Regiment of Foot 4 August 1722, and the same year elected M.P. for Wootton Bassett and for Great Bedwin 1734 ; gazetted colonel of the 38th Regiment 13 May 1735, and brigadier-general 1737. Died unmarried 9 March 1738; buried at Stanwell, Middlesex, 29 of same month; will dated 2 November 1731.8 4. Charles, fourth son, born at St. James's Palace 18 March 1694 ; died unmarried 15, buried 18, February 1745, at Stanwell, co. Middlesex.9 5. WILLIAM, of Taymount, Perthshire, succeeded his brother John, as third Earl of Dunmore. 6. Richard (twin with Thomas), born June 1698.10 7. Thomas (twin with Richard), of Dorney House, near Weybridge, Surrey, and of Princes Street, Cavendish Square, London. Page-of-honour to Queen Anne 1 General Werden's Will, proved 4 August 1690 (P. C. C.). 2 His will proved 9 November 1716 (P. C. C.). 3 P. C. C. 4 Atholl Chronicles, ii. 23 n. 6 Family Papers. 6 Livingstone Parish Register. 7 Family Papers. 8 P. C. C. 9 Stanwell Parish Register. 10 Family Papers. VOL. III. 2 B 386 MURRAY, EARL OF DUNMORE 1713 ; entered the army in 1718 ; gazetted colonel of the 46th Regiment of Foot 23 June 1743,1 which command he held till his death; fought at Preston- pans; major-general April 1754, and lieutenant- general 19 January 1758. He died 21 November 1764 ; will dated 14 May 1754,2 having married Elizabeth, sister of Lieutenant -General Robert Armiger, by whom, who predeceased him, he had issue a daughter and heir, Frances Maria. 8. Henrietta Maria, born at St. James's Palace 28 Nov- ember 1684 ; 3 married, 1702, to Patrick, Lord Kin- naird, and died s. p. of fever at Brummie 27 October same year. 9. Anne, born at Whitehall 31 October 1687 ; married, 4 April 1706, at Cramond,4 to John, fourth Earl of Dundonald, and died at Paisley 30 November 1710, leaving issue. 10. Katherine, born at Godalming 10 January 1692 ; 5 married to her cousin-german, John, Master of Nairne, (marriage-contract dated 3 November 1712),6 and died at Versailles 9 May 1754, leaving issue. II. JOHN, second Earl of Dunmore, born 31 October 1685, at Whitehall,7 was served heir of his elder brother, Lord Fincastle, 24 January 1707, and succeeded his father in 1710. He entered the army in 1704, gazetted 10 March of that year to the 3rd Regiment of Foot Guards, fought at Blenheim, and on 10 October 1713 was appointed colonel of the same regiment, being but twenty-eight years of age, which command he retained till his death. He served under Lord Oobham as a brigadier-general at the capture of Vigo 1719 ; purchased the manor of Stanwell in Middlesex from Lord Falkland 1720 ; 8 appointed a Lord of the Bedchamber July 1731 ; was in Flanders 1732, and three years later was promoted major-general, and 1739 lieutenant-general. He commanded the second line at the battle of Dettingen 1743, serving under the Earl of Stair, and on 22 June 1745 was made Governor of Plymouth and St. Nicholas Island, being 1 Eighth Rep. Hist. MSS. Com., App. pt. ii. HOa. 2 P. C. C. 3 Family Papers. 4 Cramond Parish Register. 5 Family Papers. 6 Perth Sasines, 16, 366. 7 Family Papers. 8 In 1754 it was sold to John Gibbons, after- wards Sir John Gibbons, Bart. MURRAY, EARL OF DUNMORE 387 also promoted general of Foot and made Commander-in-chief of the allied armies in the Austrian Netherlands the same year.1 He was elected one of the Representative Peers of Scotland to sit in the Parliaments to meet 12 November 1713, 28 November 1727, 13 June 1734, 25 June 1741, 13 August 1747.2 Lord Dunmore died unmarried in London 18 April 1752, and was buried at Stanwell 24 of the same month ; will proved 4 June 1752.3 He was succeeded by his brother, III. WILLIAM, third Earl of Dunmore, born at St. James's Palace 2 March 1696, entered the Royal Navy 1711. In September 1745 he with his son John (afterwards fourth Earl) joined Prince Charles Edward at Perth and was with the Prince throughout the campaign, being present at the battles of Presjonpans, Falkirk, and Culloden. He is said to have surrendered to a justice of the peace of Angus towards the end of April 1746, and was sent to London and committed to the Tower. A true bill was found against him for high treason at St. Margaret's Hill, Southwark, 23 August following, and on 20th December he pleaded guilty, but received a special pardon in January 1747 for all treasons committed before 22 December 1746 by which his life was spared, but was kept a prisoner for life first at Beverley in Yorkshire, and afterwards at Lincoln. In 1752 he was allowed to succeed to the title and estates. He died at Lincoln and was buried in the Lady Chapel of the Cathedral 1 December 1756, having married, 1728, his cousin-german Catherine, third daughter of his uncle William, Lord Nairne,4 by whom he had issue : — 1. JOHN, styled Viscount Fincastle until he succeeded his father as fourth Earl of Dunmore. 2. Charles, second son, born 1732, mentioned as such in the will of his uncle John, second Earl of Dunmore, 1751. 3. William, youngest son, born 1734. Entered Royal Navy 1748, appointed post-captain 1761. He died at Kensington 25 December 1786, aged forty-six, and was 1 Family Papers. 2 Lords Journals. 3 P. C. C. 4 On his marriage he purchased from his father-in-law, Lord Nairne, the estate of Tay- mount in Perthshire (Family Papers). 388 MURRAY, EARL OF DUNMORE buried in the church there l 2 January following, will proved 10 January 1787,2 having married at Kensing- ton, 11 August 1783, Sarah Mease. She, who was author of several topographical works, was married, secondly, 1 November 1802, to George Aust of Chelsea, and died at Noel House, Kensington, 5 November 1811, aged sixty-seven, and was buried with her first husband. 4. Margaret, born 1736. 5. Catherine, born 1739 ; married at Perth, 8 January 1761, to John Drummond of Logie Almond, who died 1781. She died at Logie Almond, May 1791, leaving issue. 6. Jean, born 1741, died unmarried at Taymount, adminis- tration of her effects granted to her mother 28 May 1771.3 7. Elisabeth, born 1743; married, 24 July 1763, at Mochany, to her cousin the Reverend John Murray, Dean of Killaloe, son of Lord Edward Murray, and grandson of the first Duke of Atholl, by whom she had issue.4 IV. JOHN, fourth Earl of Dunmore, born 1730. Page-of- honour to Prince Charles Edward at Holyrood 1745. Entered the army as ensign in the 3rd Regiment of Foot Guards 1750, was promoted lieutenant 1755, and retired from that regiment 1758.5 In this year he changed the name of an estate in Stirlingshire, which had been pur- chased from Lord Elphinstone, to Dunmore, it having previously been called Elphinstone Tower.6 He was elected a Representative Peer of Scotland to sit in the Parliaments to meet 19 May 1761 and 10 May 1768, and again on the death of Thomas, Earl of Cassillis, certificate read 31 January 1776,7 also for the Parliaments to meet 31 October 1780 and 18 May 1784.8 Purchased the estate of Glenfinart, Argyllshire, 1768. He was appointed Governor of New York in December 1769, and subsequently Governor of Virginia, where he remained during the hostilities of 1 Faulkner's History and Antiquities of Kensington. 2 P. C. C. 3 Ibid. 4 See vol. i. of this work, 487. 5 Family Papers. 6 Ibid. 7 Lords Journals, in which he is called William. 8 Ibid. MURRAY, EARL OF DUNMORE 389 1774 and 1775, and returned home the following year. An account of his career during this period is to be found elsewhere.1 From 1787 to 1796 he was Governor of the Bahama Islands. He died at Ramsgate 25 February 1809, aged seventy-eight, and was buried at St. Lawrence, Thanet, administration of his effects granted 1 February 1810, which was revoked and another granted with will annexed 1812,2 having married at Edinburgh, 21 February 1759, Charlotte, daughter of Alexander Stewart, Earl of Galloway, by his second wife Catharine, by whom, who died 11 November 1818, buried at St. Lawrence, Thanet, will proved 17 December 1818,3 he had issue : — 1. GEORGE, styled Viscount Fincastle until he succeeded his father as fifth Earl of Dunmore. 2. William, born at Dunmore 22 August 1763 ; died in London 27 Ma,y 1773. 3. Alexander, of Frimley, Surrey, born 12 October 1764 at Edinburgh ; lieutenant-colonel in the army, died July 1842, having married, 18!May 1811, Deborah, daughter of Robert Hunt, Oommissioner-in-chief of the Bahamas, by whom, who died 28 January 1870 at Brading, Isle of Wight, aged seventy-five, he had issue : — (1) JACK CHARLES, born 17 August 1813. (2) Augustus Charles, born 16 December 1815. Commander Royal Navy. Married, 14 August 1851, Abbie, daughter of David Lee of New York, U.S.A. (3) Virginius, born 20 September 1817. Captain 94th Regiment, Commissioner of Goldfields and Police Magistrate, Victoria. Died at St. Kilda's, Australia, 25 December 1861, having married, 23 October 1844, Elizabeth Alicia, only daughter of Colonel Charles Poitiers of the 61st Regiment, Collector of Customs at the Bahama Islands, by whom, who died 27 December 1877, he left issue :4— i. Reginald Augustus Frederick, born 18 February 1846 ; married, 2 January 1869, Louisa, daughter of James Ford of Melbourne, Australia. ii. Kenneth, born 1847, died 1851. iii. Ronald, born 6 June 1849, died 1888. iv. George Earn, born 11 November 1850. v. Arthur Charles, born 10 September 1852. 1 See The Winning of the West, by President Roosevelt, U.S.A., chapters 8 and 9, « Lord Dunmore's War,' etc. 2 P. C. C. 3 Ibid. 4 Fail- ing issue male of Lord Fincastle and of Charles Wadsworth Murray (son of Charles James, only surviving son of the Hon. Charles Augustus, second son of George, fifth Earl of Dunmore), the Scottish titles revert to this branch. 390 MURRAY, EARL OP DUNMORE vi. Henry Alexander, born 6 June 1857 ; married, 8 May 1889, Fannie Morris, daughter of Samuel D. Babcock of New York, and has issue Virginia, born 6 September 1890. (4) Alexander Henry, born 8 October 1829. Colonel Royal Artillery, brigadier-general; served in the Crimea 1855; China 1863 ; Abyssinia 1867, at Magdala ; D. A.G. of artillery in India 1877-82 ; Brigadier-General at Agra 1882. Died 4 April 1885 at Jubbulpore, India, having married, 2 October 1856, Martha Frances Vincent, daughter of Thomas E. Davenport of Ballynacourty House, co. Limerick, by whom he had issue. (5) Augusta, born 15 January 1812 ; married, 12 August 1834, to Louis Stanislas Kostka, Prince de la Trimouille, who died 20 July 1837. She died 22 January 1877 at Naples, leaving issue. (6) Virginia, a canoness, born 20 March 1819. Died 4 December 1887 at Viroflay, Seine-et-Oise, France. (7) Alexandrina Amelia, born 8 October 1829 (twin with Alex- ander Henry). Died 17 December 1877 at Brading, Isle of Wight. (8) Susan Emma, born 15 May 1835 ; married, 4 June 1863, at the Consulate, Cologne, to the Reverend John Glover, M.A., Vicar of Brading, Isle of Wight. 4. John, born at Glenflnart 1765, captain in the Royal Navy. Died 1 July 1805 while in command of H.M.S. Franchise frigate, at Curacoa, which place he was keeping in a state of blockade ; will proved 29 July 1811, and administration granted 14 December 1824.1 5. Leveson Granville Keith, of Dunmore House, Brad- ninch, Devon ; born 16 December 1770 ; entered the Madras Civil Service in 1792 ; married, first, Wemyss, daughter of Sir William Dalrymple of Oousland, Baronet, by whom, who died December 1804 at Viza- gapatam, he had issue : — (1) ? Alexander, died 25 February 1823. (2) Wemyss Jane, born 14 October 1804 ; married, first, October 1824, to Charles Hay Campbell, major Bengal Artillery, who died in 1832. She was married, secondly, 17 May 1836, to Christopher Simpson Maling, lieutenant-colonel Bengal Native Infantry. He married, secondly, 24 January 1807, at Fort St. George, Madras,2 Anne, widow of John Thursby, of the Madras Civil Service, by whom he had issue : — (3) Jack Henry, born 26 July 1810. Rear-admiral Royal Navy ; died 1881, having married, 23 January 1845, Catherine, 1 P.C.C. 2 Genealogist, New Series, xxi. p. 273. MURRAY, EARL OF DUNMORE 391 eldest daughter of Sir Neil Menzies of Castle Menzies, Bart., by his first wife, Emelia, daughter of Francis Balfour of Fernie, Fife, by whom, who died 1899, he had issue. (4) Samuel Hood, born 27 December 1814, sometime captain 67th Regiment, lieutenant-colonel in the army ; died 17 December 1867 at Moness House, Aberfeldy, having married, October 1840, Susan, second daughter of H. C. Sempill of Belltrees, Hunter River, New South Wales, by whom, who died 18 January 1888, at Bayswater, Middlesex, he had issue. (5) Augusta, born 24 June 1808 ; married, 24 September 1824, to John Gunn Collins of Belmont, King's County, captain 13th Light Dragoons ; and died 1833, leaving issue. The Honourable Leveson Murray married, thirdly, 10 May 1834, Louisa Mitty, only daughter of Thomas Abraham, of Chapel House, Surrey, and died 4 January 1835, will proved 3 March following.1 His widow was married, secondly, 2 January 1836, to the Reverend S. Jprdan Lott ; and, thirdly, 15 May 1851, to George Wilson Grove. 6. Catherine, born 1765 ; married at St. George's, Hanover Square, Middlesex, 24 May 1782, to Edward Bouverie, son of William, first Earl of Radnor, by his second wife Rebecca, daughter of John Alleyne, of Barbadoes; and died at Brighton, Sussex, 7 July 1783, leaving issue. 7. Susan, bora 1768 ; married, first, 7 July 1788, at St. George's, Hanover Square, Middlesex, Joseph Tharp, of Ohippenham Park, Cambridgeshire, by whom she had issue ; secondly, to John Drew ; and, thirdly, 23 August 1809, to the Reverend Archibald Edward Douglas of Carnalloway and Outragh, rector of Drumgoon, Ireland, and died April 1826, having also had issue by her third husband. 8. Augusta, born in New England 1772. Married at Rome 4 April 1793, and again at St. George's, Hanover Square, Middlesex, 5 December following, to H.R.H. Prince Augustus Frederick, afterwards Duke of Sussex, but this marriage was declared null and void under Statute 12 Geo. in., c. 11, and dis- solved August 1794. Lady Augusta was authorised in 1806, by royal licence, to take the surname of de Ameland in lieu of that of Murray. She died 1 P. C. C. 392 MURRAY, EARL OF DUNMORE 4 March 1830 at Ramsgate, and was buried at St. Lawrence, in the Isle of Thanet, having had issue by the Duke : — (1) Sir Augustus Frederick D'Este, born 13 January 1794 ; colonel in the army, K.G.H. ; died, unmarried, 18 December 1848; buried at St. Lawrence, Isle of Thanet. (2) Augusta Emma, Mademoiselle D'Este, born 11 August 1801 in Grosvenor Street ; married, as second wife, 13 August 1845, to Sir Thomas Wilde, created Baron Truro of Bowes, and died s. p. 21 May 1866 in Eaton Square, London ; buried at St. Lawrence, Isle of Thanet, having survived her husband, who died 11 November 1855, also buried at St. Lawrence. 9. Virginia, born 1773, in Virginia, and named after that colony at the request of the Council and Assembly of the Province. Died unmarried. 10. Anne. V. GEORGE, fifth Earl of Dunmore, born 30 April 1762 at Glenfinart. M.P. for Liskeard 1800 to 1802 ; succeeded his father 1809 ; and on 10 September 1831 was created BARON DUNMORE, of Dunmore, in the forest of Athole, in the county of Perth, in the Peerage of the United Kingdom, with limitation to the heirs-male of his body, and took the oaths and his seat 26 of the same month.1 In the follow- ing year he voted for the second reading of the Reform Bill. Previous to this he acquired the estate of North and South Harris (Inverness-shire), with an extent of 150,000 acres, having sold Glenfinart in 1830. He died 11 November 1836, and was buried at Dunmore, Stirlingshire, in the family vault ; his will proved May 1837. He married, at St. George's, Hanover Square, Middlesex, 4 August 1803, his cousin-german Susan, third daughter of Archibald, Duke of Hamilton and Brandon, and by her, who died 24 May 1846 at Richmond, Surrey, and was buried in the family vault at Dunmore (will proved in London 8 July following), had issue : — 1. ALEXANDER EDWARD, succeeded as sixth Earl of Dun- more. 2. Charles Augustus? born 22 November 1806. Fellow of All Souls, Oxford. In the year 1832 he stood as a 1 Lords Journals. 2 See Sir Herbert Maxwell's Life of the Hon. Sir C. Murray, and Diet. Nat. Biog., Supp. MURRAY, EARL OF DUNMORE 393 Tory for Palkirk, and in 1837 for Lanarkshire as a Whig, but at neither election was he successful ; was appointed Groom-in-waiting to the late Queen 1838, and the same year Master of the Household, which office he vacated in 1844 on entering the diplomatic service as Secretary of Legation at Naples. He was Consul-General in Egypt from 1846 till 1853, when he was appointed to Berne as minister to the Swiss Confederation, and the following year was sent as envoy and minister plenipotentiary to the court of Persia. After the declaration of war in 1856 by Great Britain against Persia, Murray was unjustly attacked in Parliament, but in the Upper House by Lord Clarendon, and in the Commons by Lord Pal- merston he was vigorously defended, and returned to the Persian Court on the conclusion of peace. In 1859 he was appointed minister at the Court of Saxony, and in 1866 minister at Copenhagen, but for domestic reasons applied for the British Legation at Lisbon, which he obtained and kept till 1874, when he retired from the diplomatic service. He was made C.B. 1848 ; K.C.B. 1866, and sworn of the Privy Council 13 May 1875. Sir Charles was the author of Travels in North America and several other works. He died in Paris 3 June 1895, having married, first, 12 December 1850, Elise, daughter of James Wadsworth of Geneseo, New York, and by her, who died 8 December 1851, had issue : — (1) Charles James, of Loch Carron, Boss, D.L., born 29 November 1851, entered the diplomatic service 1872 ; attache at Rome 1873 ; St. Petersburg 1875 ; third secretary 1875, and retired 1876 ; M.P. for Hastings 1880-83, and Coventry 1895 ; married, 9 August 1875, Anne Francesca Wilhelmina, only daughter of Heneage Finch, sixth Earl of Aylesford, and has issue : l— i. Alastair Heneage, lieutenant Grenadier Guards, born 24 April 1878, died of wounds received near Senekal, South Africa, 3 June 1900. ii. Charles Wadsworth, born 15 July 1894. iii. Sybil Louisa, born 23 June 1876, married, 24 October 1904, to Lieutenant-Colonel the Hon. Claud Henry Comar- aich Willoughbyj 9th Lancers, son of Henry, eighth Baron Middleton. Failing issue male of Lord Fincastle, the titles revert to this branch. 394 MURRAY, EARL OF DUNMORE Sir Charles Murray married, secondly, 1 November 1862, Edith Susan Esther, daughter of John Wilson Fitzpatrick, first Lord Castletown, by whom he had issue : — (2) Cecil Henry Alexander, born at Dresden 4 April 1866, died at sea 3 June 1896. 3. Henry Anthony, born 10 January 1810. Rear-admiral Royal Navy, Knight Grand Cross of the Bavarian order of St. Michael of Merit. Died at the Albany 17 February 1865. VI. ALEXANDER EDWARD, sixth Earl of Dunmore, born 1 June 1804. Captain 9th Lancers, 10th Light Dragoons, and 60th Rifles; was A.D.C. to H.R.H. Prince Adolphus, Duke of Cambridge, from 1832 until his death. He took the oaths and sat in the House of Lords 24 April 1837.1 In 1840 he sold Taymount to Lord Mansfield. Lord Dunmore died 15 July 1845 from the effects of a fall from his horse at Streatham, co. Durham, and was buried at Dunmore, having married, 27 September 1836, at Frankfort-on-Main, Catherine, daughter of George Augustus Herbert, eleventh Earl of Pembroke, by whom, who was born in Arlington Street, St. James's, London, 31 October 1814, was sometime Lady-in-waiting to Queen Victoria, and died 12 February 1886 at Carberry Tower, Musselburgh, and was buried at Dunmore, he had issue : — 1. CHARLES ADOLPHUS, present Earl of Dunmore. 2. Susan Catherine Mary, born 7 July 1837, married, as second wife, 29 November 1860, at Dunmore, to James Carnegie, ninth Earl of Southesk, K.T., who died 21 February 1905 at Kinnaird Castle, Brechin, and has issue. 3. Constance Euphemia Woronzotv, born 28 December 1838, married, 16 June 1864, at Dunmore, to William Buller Fullerton Elphinstone, fifteenth Lord Elphin- stone, who died 18 January 1893, and has issue. 4. Alexandrina Victoria (posthumous), born 19 July 1845, to whom Queen Victoria stood sponsor ; married, as his second wife, 20 April 1887, to the Reverend Henry Cunliffe, Vicar of Shifnal, co. Salop, who 1 Lords Journals. MURRAY, EARL OP DUNMORE 395 died 1 August 1894, son of General Sir Robert- Henry Ounliffe, Bart., O.B. VII. CHARLES ADOLPHUS, seventh and present Earl of Dunmore, born 24 March 1841 in London ; educated at Eton ; lieutenant Scots Fusilier Guards May 1860 ; took his seat in the House of Lords 30 April 1863 ; Lord-in-waiting 1874-80, formerly Lord-Lieutenant for Stirlingshire ; D.L. co. Inverness, and Lord Superior of the Isle of St. Kilda ; lieutenant-colonel fourth Volunteer battalion Queen's Own Cameron Highlanders. Author of several works on travel, etc. He married, 5 April 1866, at Holkham, Gertrude, daughter of Thomas Coke, second Earl of Leicester of Holkham, by his first wife Juliana, daughter of Samuel Charles Whitbread of Southill, and by her, who was born 5 July 1847, has issue :— 1. Alexander Edward, styled Viscount Fincastle (to whom the King stood sponsor), born 22 April 1871, major 16th Lancers, V.C., was appointed lieutenant 16th Lancers May 1891 ; A.D.C. to Viceroy of India from 1895 to 1897 ; attached to Egyptian cavalry for service in the Soudan 1896 (two medals) ; was attached to the 4 Guides ' cavalry in the Indian Frontier Cam- paign 1897, and had his horse shot under him in the charge of the ' Guides ' at Landikai (V.O., and medal and clasp, twice mentioned in despatches). Served as A.D.O. to General Sir Bindon Blood in the Buner expedition ; also with the Inniskilling Dragoons, and 16th Lancers in the South African War 1899 to 1902. Later on in that war he was appointed to the com- mand of a regiment of Imperial Yeomanry called Fincastle's Horse, with temporary rank of lieutenant- colonel (medal with four clasps and mentioned in despatches). Married at St. Paul's, Knight sbridge, London, 5 January 1904, Lucinda Dorothea, eldest daughter of Horace William Kemble, of Knock, Isle of Skye, and has issue, Marjory, born 1 November 1904. 2. Evelyn, married, 23 April 1891, to John Dupuis Oobbold, of Holy Wells, Ipswich, D.L., J.P., co. Suffolk, and has issue. 396 MURRAY, EARL OF DUNMORE 3. Muriel, married, 16 July 1890, to Colonel Harold Gore- Browne, King's Royal Rifle Corps, son of Colonel Sir Thomas Gore-Browne, K.C.M.G., C.B. 4. Grace, married, 25 January 1896, to William James Barry of Witchingliam Hall, Norwich, fourth son of Sir Francis Tress Barry, Bart., and has issue. 5. Victoria Alexandrine, to whom Queen Victoria stood sponsor. 6. Mildred, married, 30 June 1904, at St. Mark's Church, North Audley Street, London, to Gilbert Follett, Coldstream Guards, only son of John Skirrow Follett. CREATIONS.— Earl of Dunmore, Viscount of Fincastle, and Lord Murray of Blair, Moulin and Tullimet 16 August 1686 [Scotland], Baron Dunmore of Dunmore in the Forest of Athole in the County of Perth, 10 September 1831 [United Kingdom]. ARMS, given in Peers' Arms MS. — Quarterly: 1st and 4th, azure, three mullets argent within a double tressure flory counterflory or, for Murray ; 2nd and 3rd counterquartered, 1st and 4th, paly of six or and sable, for Stratlibogie ; 3rd and 4th, or, a fess chequy azure and argent, for Stewart, a crescent gules in honour point. CREST. — A demi-savage wreathed about the head and loins with oak, and charged in the breast with a crescent gules, holding in the dexter hand a sword erect, proper, pommelled and hilted or, and in the sinister a key of the last. SUPPORTERS.— Dexter, a lion gules charged in the shoulder with a crescent argent. Sinister, a savage wreathed about the head and loins with oak, charged in the breast with a crescent gules, the hands and feet in irons proper. MOTTO. — Furth Fortune and fill the fetters. [K. w. M.] MURRAY, EARL OF DYSART IR DAVID MURRAY of Tullibardine l had, with other issue : — PATRICK MURRAY,2 who appears with his brothers in an entail of Tullibar- dine 10 March 1457.3 He had a charter of Easter and Wester Dollerie in Strathearn 19 June 1467; 4 was Sheriff - depute of Perthshire 1465,5 and died 1476, having married Katherine,6 daughter of Michael Balf our of Mont- quhanie, who survived him. He had issue : — DAVID, who had Crown tacks with his mother of Carro- glen7 and Ochtertyre in Strathearn.8 He died before 4 February 1509-10,9 having married Margaret, daughter of Henry Pitcairn of Forthar and that Ilk, who survived him, and had issue, with Patrick, who had charters of the same lands 4 February 1509-10,10 having been seised of Easter and Wester Dollerie 1508,11 and was ancestor of the Murrays of Ochtertyre, Baronets, another son, Anthony, of Dollerie and Raith,12 who married Christian Maxton, and had issue : — (1) David, of Dollerie, who succeeded his father. 1 See vol. i. p. 455 of this work. 2 Ibid., 457. 3 Duke of Atholl's writs. 4 Reg. Mag. Sig. 6 Nisbet, ii. App. 487. 6 Exch. Rolls, ix. 572, etc. 7 Ibid., ix. 572, 630 ; xii. 628. 8 Ibid., ix. 630 ; xi. 421, 423 ; xii. 626. 9 Reg. Mag. Sig. 10 Ibid. » Exch. Rolls, xiii. 659. 12 An account of the Murrays of Dollerie is to be found in the Genealogist, O. S., vii. 15, which, though occasionally quoted, is not to be relied on, inasmuch as no authorities are there given. 398 MURRAY, EARL OF DYSART (2) PATRICK, of whom further. (3) Alexander,1 a dean of the Church in 1557, married Elizabeth Oliphant.2 PATRICK, son of Anthony Murray of Dollerie,3 had a charter of Newraw, in the parish of Madderty, Perthshire, confirmed to him 23 June 1565,4 and was designed of New- raw for some years after that date. He acquired Woodend, also in Madderty,5 an estate which was held by his family for some generations. In his will, dated 22 August 1590, he desires to be buried in Madderty Kirk, and leaves his daughter Christina to be tochered by 4 my Chief, the Laird of Tullibardine.' He died two days later, his testament being confirmed 10 March 1597,6 having married Elizabeth, daughter of David Murray of Carsehead,7 who survived him. He had issue : — 1. Alexander, of Woodend, who succeeded his father, and died before October 1630. He is said to have married a daughter of Murray of Arbenie, Agnes, daughter of Nairn of Strathord, and Marion Alexander.8 He certainly married the last named, who died January 1595, her testament confirmed 10 March 1597,9 and was mother of the three last-named children. He had issue : — (1) Patrick, of Woodend, who married, about 28 February 1614, Giles, daughter of John Murray of Tibbermore,10 and died s. p. m. before 10 October 1662. (2) Mr. Thomas, who succeeded his brother Patrick in Wood- end, being served heir 10 October 1662. n He married and had issue, inter alios, Anthony, served heir to his father in 1667, 12 and Thomas of Glendoick, created a Baronet 1676. (3) John. (4) William. (5) Agnes. 2. WILLIAM, minister and parson of Dysart, Fife, M.A., who took his degree at St. Andrews 1582. 13 Died October 1616, testament confirmed 18 March 1617," having married Margaret, daughter of David Murray 1 Laing Charters, No. 930. 2 Genealogist, vii. 15. 3 Liber Insule Mis- sarum, 122, 126. 4 Reg. Mag. Sig. '° Liber Insule Missarum, 128. 6 Edin. Tests. 7 Genealogist, vii. 15. 8 Ibid., 17. 9 Edin. Tests. 10 Liber Insule Missarum, 131. n Retours, Perth. 12 Ibid. 13 Scott's Fasti Eccl. Scot., 2, 534. 14 St. Andrews Tests. MURRAY, EARL OF DYSART 399 of Lochmiln,1 by whom he had issue, with two daughters, Margaret and Jean, an only son, WILLIAM, created Earl of Dysart, of whom hereafter. 3. Thomas, of Berkhampstead, co. Herts, who had a grant of a pension of 200 merks on 26 June 1605, and in 1606 was presented to the Mastership of Christ's Hospital, Sherburn. He was tutor to the Duke of York, afterwards his Secretary when Prince of Wales, and was promoted to the Provostship of Eton, although not in holy orders, 22 February 1621, but did not long survive the appointment, dying on the 9 April 1623, in the fifty-ninth year of his age, and was buried in the chapel of Eton College (will proved 27 June same year).2 He was author of some Latin poems. By his wife Jane, daughter of George Drummond of. Blair3 (her will proved 23 September 1647),4 he had issue :— (1) Henry, a Groom of the Bedchamber to Charles i. Will dated 5 April 1669, then of St. Paul's, Covent Garden, co. Middlesex, and proved 24 September 1672.5 He married, 26 November 1635, at St. Mildred's, Poultry, London, Anne, second daughter of Paul, first Viscount Bayning of Sudbury. She, who after her husband's death was created, 17 March 1673-74, VISCOUNTESS BAYNING of Foxley, for life, was married, secondly, by licence dated 1 August 1674,6 to Sir John Baber of St. Paul's, Covent Garden, who died 3 April 1704, and was buried there. She predeceased him, dying in October 1678, having had issue 7 by her first husband :— i. Charles, baptized at Berkhampstead 14 February 1636, died young ; administration of his effects granted 22 December 1647. 8 ii. Henry, died young, buried at Berkhampstead 26 May 1641. iii. Thomas, baptized at St. Giles-in-the-Fields 29 May 1647, died s. p. iv. Robert, baptized at St. Giles-in-the-Fields 9 September 1649, died s. p. v. Elizabeth, married first, as second wife, to Major- General Randolph Egerton of Betley, co. Stafford, who died 20 October 1681, and was buried in Westminster Abbey ; 9 and secondly, at St. Giles'-in-the-Fields, Middlesex, 30 April 1691, to Charles Egerton of New- borough, co. Stafford (born 12 March 1654-55, died 11 1 Genealogist, vii. 16. 2 P . C. C., 64, Swan. 3 Genealogist, vii. 17. 4 P. C. C., 195, Fines. 5 Ibid., 112, Eure. 6 Faculty Office. 7 The order in which the issue is given below is conjectural. 8 P. C. C. 9 Harl. Soc. Pub., x. 203. 400 MURRAY, EARL OF DYSART December 1717), fourth son of John. Earl of Bridg- water. She, who died 30 January, and was buried 13 February, 1712-13, in Westminster Abbey,1 had issue by her first husband. vi. Jane, died young, buried at Berkhampstead 9 October 1639, administration granted 22 December 1647. 2 vii. Anne, baptized at Berkhampstead 21 October 1641, died 22, buried 28, August 1716 at Holme Pierrepoint, co. Notts, having been married to Robert Pierrepoint of Nottingham (contract 27 March 1661),3 by whom, who was also buried at Holme Pierrepoint 22 Sep- tember 1681, she had issue. viii. Jane (secunda), baptized at St. Giles- in- the-Fields 13 December 1642, married (licence dated 10 July 1672) 4 to Sir John Bowyer of Knipersley, co. Stafford, Baronet,5 who died 1691. She died 19 October 1727 ; both buried at Biddulph. They had issue. ix. Mary, born 7, and baptized 20, March 1653-54 at St. Martin's-in-the-Fields, co. Middlesex; married (licence dated 7 April 1673) 6 to Sir Roger Bradshaigh of Haigh, Baronet, then of Wigan, co. Lancaster, aged twenty-two, by whom, who died 17 June 1687,7 she had issue. She died 1 December 1713.8 (2) Charles, living at the date of his mother's will. (3) John, died before 1643 s. p. (4) James, died before 1643 s. p. (5) William, baptized at Berkhampstead 17 July 1617— mentioned in his mother's will. (6) Elizabeth, married to Sir Henry Newton of the Priory, near Warwick, and of Charlton, Baronet, who assumed the sur- name of Puckering. He died s. p. s.9 22 January 1700, aged eighty-three, buried at St. Mary's, Warwick, leaving his estates to his niece-in-law Dame Jane Bowyer for life.10 Administration of his effects granted 19 May 1701.11 (7) Anne, living at the date of her mother's will. 4. Patrick, Oommendator of Inchaffray, and Cupbearer to the King, died September 1632, buried 24 same month at St. Martin's-in-the-Fields (will proved the day following),12 having married, first, 20 June 1615, at St. Giles'-in-the-Fields, Helen M'Math, relict of John Naesmyth, chirurgeon to the King, by whom, who died in London January 1619, testament con- firmed 14 March 1623,13 he had issue :— (1) John, died young. 1 Harl. Soc. Pub., x. 275. 2 P. C. C. 3 Notts Marr. Bonds. 4 Vicar General. 6 Vide Complete Baronetage, iii. 121. 6 Faculty. 7 Complete Baronetage, iv. 110. 8 Ibid. 9 He had issue by his wife Elizabeth Murray a son Henry, mentioned in the will of Jane Murray (P. C. C. , 195, Fines). 10 Complete Baronetage, i. 141. " P. C. C. 12 Ibid., 92, Audley. 13 Edin. Tests. MURRAY, EARL OF DYSART 401 He married, secondly, Magdalene Murray, by whom, who survived him (she was living 1667), he had issue : — (2) Francis, retoured heir of his father 8 March 1633, * and died before 27 February 1635, s.p. (3) Patrick, retoured heir of his father 27 February 1635,2 and died before June 1647, s.p. (4) Elizabeth or Elspeth, retoured heir of her father and brothers Francis and Patrick 2 June 1647.3 Married, first, to Thomas Menzies of Tiggermark,4 who died before December 1662 ; and, secondly, at Edinburgh, 17 March 1664, to Colonel James Murray,5 major in H.M. Foot Guards, Governor of Edinburgh Castle, a brother of John Murray of Philiphaugh, by whom, who died about 1703 ;6 she had a son, Colonel John Murray of Pilmuir, and a daughter, Anna. (5) Jean, died young. 5. Mr. Robert, M.A., minister at Strathmiglo 1610, and of Methven^l615 to 1648 ;7 married, 24 May 1616t Elizabeth Melville in Kirkcaldy, and had issue : — (1) John, minister at Methven 1648, died 10 November 1661, having married Elizabeth Scrymgeour.8 (2) Margaret, married to 'that singular ornament of our Church,' Mr. George Gillespie, a minister of Edinburgh.9 (3) Anna, married to Mr. Alexander Moncreiffe, sometime minis* ter at Sconie.10 (4) Mary, married to James Bonar of Grigstoun.11 6. Mr. David, mentioned in the testament of his father. 7. Christina, unmarried 1590. I. WILLIAM MURRAY, only son of Mr. William, parson of Dysart, supra, was one of the Gentlemen of the Bed- chamber, and a favourite of King Charles I. He is said by Bishop Burnet 12 to have filled the post of page and whip- ping boy to that monarch, who, when Duke of York, was educated by Murray's uncle, the Provost of Eton. Burnet's opinion of his character is not flattering. He accuses him of being ' very false,' also that he obtained his warrant of an earldom at Newcastle, persuading the King, however, to antedate it as if signed at Oxford, in order ' to get pre- cedence of some whom he hated.' It was no doubt owing 1 Retours General. 2 Ibid. 3 Ibid. 4 Lord Kinnoull's writs, ex inf. W. A. Lindsay, Esq., K.C. 5 Ibid. 6 Testament confirmed 16 April 1703, Edin. Tests. 7 Scott's Fasti Eccles. Scot. 8 Ibid. 9 Ibid, w Perth Sasines, New Reg., v. 243. n Ibid. 12 History of His Own Time, 1828 ed., 164. VOL. III. 2 C 402 MURRAY, EARL OF DYSART to his early friendship with King Charles that William Murray's career at Court was so successful, but it is alleged by others than Burnet that he abused the confidence of his royal master.1 Whether these allegations were true or not, it appears that he retained the confidence of the King, and, the year following the tragedy at Whitehall, was one of the Commissioners sent to Breda to treat with Charles n. In 1626 he was Member of Parliament for Fowey, and, 1628-29, for East Looe.2 Sir Robert Aytoun, poet and courtier, calls him in his will his best friend, leaving him his hatband set with diamonds.3 On the 3rd August 1643 he was created, by letters patent dated at Oxford, EARL OF DYSART AND LORD OF HUNTING- TOUR.4 During the usurpation he was at the Hague with Charles u., and appears to have been also in Antwerp, where his kinsman, Mungo Murray, was buried.5 The date of his death is uncertain, but he probably died about 1651, 6 having married Katherine, daughter of Colonel Norman Bruce, son of Sir Robert Bruce of Clackmannan,7 and had surviving issue : — 1. ELIZABETH, succeeded her father in the title. 2. Margaret, married, as second wife, to William, second Lord Maynard of Estaines ad Turrim,8 and died 4 June 1682. He died 3 February 1698-99, and was buried by his wife at Little Easton, co. Essex.9 3. Catherine, of St. Martin's-in-the-Fields, co. Middle- sex, died 10, buried 12, February 1669-70, in the family vault in the chancel of Petersham Church, Surrey. Administration of her effects granted 4 July 1679.10 4. Anne, buried, 16 April 1679, in the family vault at Petersham, with her mother and sister Catherine. 1 Guthrie's Memoirs, History of Scots Affairs, by Gordon, etc. 2 Com- plete Peerage, viii. 385. 3 Memoir of Sir Robert Aytoun, by Rogers, in Aytouris Poems, 28. 4 The patent is not extant, but is recited in the patent of nobility in favour of his daughter Elizabeth. 5 Wood's A thence. From Manning and Bray's Surrey, i., he appears to have died before 22 May 1651, though in the Complete Peerage, viii. 385, he is said to have died after 11 September 1653, but no authority is quoted. Administra- tions were granted of the effects of a William Murray of St. Mary le Savoy, co. Middlesex, to creditors, 5 April and 14 May 1651 (P.C.C.). 7 Genealogist, vii. 16. 8 Complete Peerage. 9 Clutterbuck's Herts., iii. 497. If she was buried at Easton. then there may have been another sister of Lady Dysart, as she, in her will (as Duchess of Lauderdale), mentions three sisters as buried at Petersham. 10 P. C. C. MURRAY, EARL OF DYSART 403 Administration, with will annexed, granted 4 July same year.1 II. ELIZABETH,2 the eldest daughter, on the death of her father, took the title of Countess of Dysart, in accordance probably with the limitation contained in his patent, which did not, apparently, pass the Great Seal, and is not extant. On the 5 December 1670 she was granted a new patent of nobility, by which the patent of 3 August 1643 was con- firmed, and she, on the resignation of her title, was created COUNTESS OF DYSART AND LADY OF HUNTING- TOUR, her issue to succeed as Earls or Countesses of Dysart and Lords or Ladies of Huntingtour (with power to her to nominate in writing her successor) with remainder to the heirs of the body of her said issue (the eldest suc- ceeding, if females), and failing such heirs, then to the heirs whatsoever of the said Countess.3 She is said by historians to have been extremely ambitious and extravagant, a very beautiful and learned woman, a violent friend, 'but a much more violent enemy.'4 Her father, Burnet says, intended her as wife to Sir Robert Moray, founder and first President of the Royal Society, who, however, married Sophia, a sister of Lord Balcarres, while she was married, about 1647, to Sir Lionel Tollemache 5 of Helmingham, Suffolk, Baronet. Sir Lionel, who was son of Sir Lionel Tollemache of the same place, Baronet, by Elizabeth, daughter of John, Lord Stanhope of Harrington, was baptized at Great Fakenham, Suffolk, 25 April 1624,6 and dying in France, was buried, 25 March 1669, at Helming- ham.7 She was married, secondly, at Petersham, 17 Feb- ruary 1671-72,8 the ceremony being performed 'publiquely 1 P. C. <7., 88 King. 2 See Diet. Nat. Biog. for more detailed accounts of her and her father. 3 Reg. Mag. Sig. 4 Burnet's History of His Own Time. 5 Throughout this article this name is spelt as above, although even to recent times it occurs frequently as Talmash, etc. 6 Davy's Suffolk Coll., iii., Brit. Mus. Addl. MS., 19,079. * Helmingham and Petersham Parish Registers. His will, dated 21 April 1667, was proved 13 May 1669 (P.C.C., 47, Coke). On 5 July 1670 sentence for the validity of the will was pronounced after a suit between the executrix, the Countess of Dysart, his relict, and their surviving children, the testator being declared compos mentis (Ibid., 107, Penn). 8 The licence for the marriage was granted 9 February 1671-72, the Earl's age being given as about fifty-seven, and the Countess's about forty-four (Vicar- General). 404 MURRAY, EARL OF DYSART in the time of reading the Common Prayer,' to the celebrated John, Duke of Laud er dale (then Earl of Lauderdale), over whom, it is supposed, she had great influence, of a kind ' which encouraged him in his greatest errors.' The Duke died at Tunbridge Wells, 24 August 1682, without issue of this marriage. Her Grace died 4,1 and was buried 16, June 1698, at Petersham, having made her will 3 November 1696, in which she desired to be buried in the vault where her mother the Countess of Dysart, three of her sisters, and three of her children were buried. Her will was proved by her son, the Earl of Dysart, 28 October 1698.2 By her first husband she had issue eleven children, of whom were the following : — 1. LIONEL, who succeeded his mother as Earl of Dysart. 2. Thomas, born about 1651. A soldier, reckoned by Macaulay as second only to Marlborough among the English military commanders of his age. On 16 January 1678 he was appointed captain of a company in the Coldstream Guards, which regiment had then been newly raised, and of which he was afterwards colonel. On the breaking out of the Revolution he became an active supporter of the Prince of Orange, with whose forces he was present on their landing at Torbay in November 1688. King William made him Governor of Portsmouth December 1688, and of the Isle of Wight in 1693. He was elected M.P. for Malmesbury 30 January 1689, and for Chippenham 14 December 1691. He was appointed colonel of the Coldstream Guards 1 May 1689, promoted to be major-general 20 December 1690, and lieut.-general 23 January 1692. With the Coldstream Guards he fought under Marlborough at the skirmish at Wai- court in August 1689, and two years later under Ginkell in Ireland, where he took part in the capture of Athlone and the victory of Aghrim. In 1693 he was at Landen, serving under King William, and in June of the next year was in command of the unfortunate expedition against Brest, where, on June 8, he was wounded in the thigh by a cannon ball. 1 Chancery Proceedings, before 1714 ; Reynardson, 158, No. 32, Tallmach. v. Brograve. 2 P. C. C., 217, Lort. MURRAY, EARL OF DYSART 405 From the effects of this wound he died,1 unmarried, a few days after being landed at Plymouth, and was buried, 30 June 1694, at Helmingham, where a marble monument was erected to his memory. His will, dated at Portsmouth 23 May, was proved 30 July, I694.2 Dr. Nicholas Brady, in a funeral sermon preached on the occasion of his death, said of him : ' His con- versation was familiar and engaging, his wit lively and piercing, his judgment solid and discerning, and all these set off by a graceful person, a cheerful aspect and an inviting air.' A portrait of General Tollemache by Kneller is preserved at Ham House, and has been engraved by Houbraken. 3. William, baptized at Great Fakenham, co. Suffolk, February 1Q62.3 In 1681, at Paris, he killed the Hon. William Carnegie, second son of the Earl of Southesk, in a duel. He subsequently served in the Royal Navy, and died in the West Indies 25 May 1691, un- married, being then captain of the Jersey. Admon. of his goods was granted, P. O. O. 17 February 1692- 93, to his mother, the Duchess of Lauderdale. 4. Elizabeth, died young, buried at Helmingham 4 February 1657-58.4 5. Catherine, died young, buried at Helmingham 1 October 1658.5 6. Elizabeth (secunda), baptized at Great Fakenham 26 July 1659, died at Oampbeltown 16 May 1735, having been married to Archibald, Lord Lome, afterwards Earl and first Duke of Argyll, by whom she had issue. He died 28 September 1703 .6 7. Catherine, baptized at Great Fakenham 1661,7 died before February 1708 ; 8 married, first, on Wednesday 1 In the Tollemache pedigree contained in Davy's Suffolk Collections (Brit. Mus.), Addl. MS. 19,151, he is said to have died on 20 June 1694; in Wood's Douglas, 13 June, and in the account of him in the Dictionary of National Biography, 12 June. 2 P. C. C., 162, Box. By this will he made provision for ' L* Coll. Wilkins Ensigne, commonly called Mr. Thomas Tolmach,' who was evidently his illegitimate son. 3 Davy's Suffolk Col- lections, iii. (Blackbourn Hundred), Addl. MS. 19,079. 4 Ibid., ix. (Bosmere and Claydon Hundred). 6 Ibid. 6 See the first volume of this work, 370. 7 Davy's Suffolk Collections, iii. 8 The Complete Peerage under ' Suther- land.' 406 MURRAY, EARL OP DYSART before 1 January 1677-78,1 to James, Lord Doune (who died 1685), eldest son and heir-apparent of Alexander, Earl of Moray (see that title), by whom she had two daughters ; and secondly, as his second wife, to John, fifteenth Earl of Sutherland (see that title), K.T., but had no further issue. III. LIONEL, Earl of Dysart, born 30 January 1648-49 ; succeeded his father as fourth Baronet 1669, and his mother as Earl of Dysart and Lord Huntingtower 4 June 1698. Admitted at Queens' College, Cambridge, 28 March 1665.* M.P. for Suffolk 1673-78, for Orf ord 1678-87, and again elected for Suffolk 1698, 1700, 1701, 1702, and 1705, for which county he continued to sit until 1707, when by the Act of Union he could no longer remain a member of the House of Commons. He was Lord-Lieutenant, Gustos Rotulorum, and Vice- Admiral of Suffolk, and also High Steward of Ipswich. He died 3, and was buried at Helmingham 15 February 1726-27.1 Will dated 13 March 1723-24, proved with two codicils 8 February 1726-27.4 He married (antenuptial settlement6 dated 4 May, 32 Charles n.) in 1680, Grace, daughter and co-heir of Sir Thomas Wilbraham, third Baronet of Wood- hey, co. Chester, by Elizabeth, daughter and heir of Edward Mitton of Weston-under-Lyziard, co. Stafford. She, who married, secondly, in December 1735 6 Warren of co. Chester, Esquire, died 26 April 1740, and was buried at Hel- mingham 2 May following.7 Her will, dated 25 May 1732, was proved 13 May 1740.8 By her Lord Dysart had issue :— 1. LIONEL, styled Lord Huntingtower. 2. Elizabeth, married to Sir Robert Salusbury Cotton, Baronet, M.P. for Cheshire, but died without issue. His will was proved January 1749. 9 3. Catherine, married, 1 September 1724,to John, Marquess of Carnarvon, eldest son of James, Duke of Chandos, by 1 Duke of Portland's MSS. n., 44. It appears from Atholl Chronicles that in 1677 the Marquess of Atholl had arranged a marriage between his eldest son and Lady Catherine, but she married as above. 2 Baker's MSS. in Public Library at Cambridge, quoted in Davy's Suffolk Collections. 3 Davy's Suffolk Collections, Addl. MS. 19,151. 4 P. C. C., 34, Farrant. 5 Chancery Proceedings before 1714; Reynardson, bundle 347, No. 1, Tolmach v . Lord Dysart. 6 Gentleman's Magazine, v. 739. There is, however, no mention of this second husband in her will. 7 Davy's Suffolk Collections. 8 P. C. C., 137, Browne. 9 Ibid., 5, Lisle. MURRAY, EARL OF DYSART 407 whom she had two daughters. He died in his father's lifetime, and was buried at Stanmore Parva, otherwise Whitchurch, co. Middlesex, 19 April 1727. She died 17, and was buried at the same place 31, January 1754.1 4. Mary, died unmarried 2 December 1715, buried in the chancel of Helmingham church.2 5. Grace, died unmarried 27 May 1719.3 LIONEL, styled Lord Huntingtower, born 6, baptized 20, June 1682, at Helmingham ; 4 died v. p. 25 or 26 July 1712, and was buried 1 August following at Helmingham.5 Will dated 13 July 1712, proved 30 March 1713.6 He married, 6 December 1706,7 at St. James's, Olerkenwell, Henrietta Cavendish, alias Heneage, said to have been illegitimate daughter of William Cavendish, Duke of Devonshire.8 She died 11 January 1717-18 ; her will, dated 13 December 1717, was proved 17 January 1717-18.9 By her Lord Hunt- ingtower had issue : — 1. LIONEL, who succeeded his grandfather as Earl of Dysart. 2. Henrietta, married, 4 May 1731, to Thomas Clutterbuck of St. Martin's-in-the-Fields, co. Middlesex, a Lord of the Admiralty and Treasurer of the Navy, by whom she had three daughters. He died 23 November 1742. Admon. of his goods granted P. C. C. 18 December 1742, 15 August 1743, and August 1760. She died 8 December 1772. IV. LIONEL, Earl of Dysart, born 1 May 1708,10 succeeded 1 Lysons' Environs of London, iii. 2 Extracts from the Registers of Helmingham in Davy's Suffolk Collections, ix. 3 Pedigree of Tollemache in Davy's Suffolk Collections, Addl. MS. 19,151, 19. 4 Extracts from the Registers of Helmingham in Davy's Suffolk Collections, ix. 5 Ibid. 0 P. C. C. , 254, Leeds. 7 See a letter, dated 10 December 1706, from Addison to George Stepney, British Minister at Vienna, printed in the Life of Joseph Addison, by Lucy Aikin, i. 193, which contains the following : * Ld Huntingtowr has married Mrs. Heneage Candish without ye consent, or knowlege of his Father the Earle of Disert.' 8 Complete Peerage by G. E. C. 9 P. C. C., 18, Tenison. In this will she states that her husband Lord Huntingtower died on or about 25 July 1712. She desired that her brother and executor Philip Cavendish, Esquire, should have the care of both her children. 10 The date of birth is given as June 1707 in Wood's edition of Douglas's Peerage, and even in the statement presented on behalf of the present Earl of Dysart in the Dysart Peerage claim 1880-81, but there is a distinct statement in Lord Dysart's will that he attained the age of twenty -four years 1 May 1732. 408 MURRAY, EARL OF DYSART his grandfather as Earl of Dysart and Lord Himtingtower 3 February 1726-27 ; voted at several elections of Repre- sentative Peers for Scotland, held respectively 19 February 1731, 28 January 1732 (by signed lists), and 4 June 1734 (by proxy granted to the Duke of Roxburghe). He was appointed High Steward of Ipswich 1729, and made K.T. 1743. He died in London 10, and was buried in the family vault at Helmingham 27, March 1770.1 Will dated 28 July 1769, proved 5 April 1770.2 He married, at St. George's, Hanover Square, 22 July 1729, Grace, eldest daughter of John, Lord Carteret, afterwards first Earl Granville. She, who was born 8 July 1713, died 23 July 1755, and was buried at Helmingham 10 August following.3 They had issue : — 1. A son, born 21 May 1730, and died the same day.4 2. Lionel, born 15 March 1730-31, died next day ; buried at Helmingham 19 March.5 3. LIONEL, who succeeded his father as Earl of Dysart. 4. A son, born 24 June 1737 ; died young. 5. WILBRAHAM, who succeeded his brother Lionel as Earl of Dysart. 6. A son, born 7 October 1740 ; died young. 7. George, born 14 March 1744, entered the Royal Navy, drowned 13 November 1760,6 having fallen from the masthead of the Modeste man-of-war, while on a voyage to Lisbon. 8. John, born 30 March 1750, killed in a duel at New York by Lieut.-Oolonel Pennington of the Foot Guards, 25 September 1777. Admon. of his goods granted, P.O.O. 26 February 1779, to Lady Bridget Tollemache, widow, the relict, he being described as 4 late of the parish of St. Marylebone, co. Middlesex, Captain of H.M.S. Zebra, at New York, deceased.' He married, 3 December 1773, Bridget Henley, daughter of Robert, first Earl of Northington, Lord 1 Davy's Suffolk Collections, ix. 2 P. C. C., 139, Jenner. 3 Pedigree of Tollemache in Davy's Suffolk Collections. 4 Davy's Suffolk Collections, Brit. Mus., Addl. MS. 19,151. The dates of birth of the rest of the children of this marriage have been taken from the Gentleman's Mag. 6 Ibid. 6 Log Book kept on board H.M.S. Modeste between 5 August 1760 and 27 February 1761, preserved at the Public Record Office, London, and produced in evidence in the Dysart Peerage claim, 1880-81. MURRAY, EARL OF DYSART 409 High Chancellor, and widow of Robert Fox-Lane, only son of George, Lord Bingley. She, who was ' a woman of great brilliancy of wit and delicacy of imagination,'1 died at Great Cumberland Street, London, 13 March 1796. Will, dated at Eastbourne, co. Sussex, 28 January 1794, proved 9 August 1796.2 In this will she desired to be buried in Northington parish church. They had issue an only son, Lionel Robert, born 10 November 1774, and baptized at St. Marylebone, co. Middlesex. He was appointed ensign in the Coldstream Regiment of Foot Guards, 28 January 1791, and served with this regiment in Flanders, showing great promise of future distinction, but he was unfortunately killed before Valenciennes, 14 July 1793, by the bursting of a bomb thrown by the garrison. He was interred, 13 August following, in the family vault at Helmingham, where a beautiful monument by Nollekens, with his bust in a medallion, and an inscription, was erected to his memory. He died urfmarried. D. William, born 22 February 1751, entered the Royal Navy, and became lieutenant of H.M.S. Repulse, in which vessel he was lost in a hurricane in the Atlantic Ocean. Admon. of his goods granted P.C.C. 10 July 1780, he being described as a bachelor. 10. Grace, born 9 April 1732, died at Ham House, co. Surrey, 10, and buried at Helmingham 15, May 1736. 11. Harriet, died 2, buried at Helmingham 8, August 1733. 12. Mary, born 12 March 1736, died 14, buried at Hel- mingham 18, August 1744. 13. Frances, born about 1738. On 3 December 1804 she joined with her brother Wilbraham, Earl of Dysart, in barring the entail of the family estates, and in a re-settlement of the same.3 She died unmarried at her cottage in the Isle of Wight, 18, and was buried at Helmingham 31, December 1807. 14. Catherine, born 1741, died 24 May, and buried at Helmingham 1 June, 1751. 15. LOUISA, who succeeded her brother Wilbraham as Countess of Dysart. 1 Gentleman's Mag., vol. 66, 352. 2 P. C. C., 432, Harris. 3 The deed by which this transaction was effected was produced in the Dysart Peerage claim, 1880-81. 410 MURRAY, EARL OP DYSART 16. Jane, married, first, 23 October 1771, to John Delap Halliday of the Leasowes, in the parish of Hales Owen, co. Salop, and of Castlemains, in the stewartry of Kirkcudbright, major in the army, who was born 29 September, and baptized at St. John's, Antigua, in the West Indies, 23 November 1749.1 He died at the Leasowes 24 June 1794, and was buried at Hales Owen, where there is an inscription to his memory. His will, dated 27 January 1780, with codicil of 1 January 1792, was proved 9 September 1794.2 Lady Jane was married, secondly, at St. Marylebone, co. Middlesex, 4 March 1802, to David George Ferry of Bath, co. Somerset, apothecary. She died at Southampton, 28 August 1802,3 leaving by her first husband, with other issue, an eldest son : — (1) John Richard Delap Halliday, of Helmingham, co. Suffolk, born 1772, Vice- Admiral of the Red, who was authorised by royal licence, dated 4 July 1821, to take the surname and arms of Tollemache only, as co-heir with his aunt Louisa, Countess of Dysart, to the estates of that family. He died in Piccadilly Terrace, London, 16 July 1837, having had by his wife Elizabeth, daughter of John Stratford, after- wards Earl of Aldborough (to whom he was married at the house of her father in Piccadilly, in the parish of St. George's, Hanover Square, 28 February 1797), 4 with other issue, an eldest son, John Tollemache of Helming- ham, co. Suffolk, and Peckforton Castle, co. Chester, who on 17 January 1876 was raised to the Peerage of the United Kingdom as Baron Tollemache of Helmingham. V. LIONEL, born August 1734,5 succeeded his father as Earl of Dysart and Lord Huntingtower 10 March 1770, and voted at elections for Representative Peers for Scot- land 8 May 1784 (by signed list), and 28 March 1787 (by proxy granted to the Earl of Selkirk). He died at Ham House, co. Surrey, 20 February 1799 ,6 in his sixty-fifth year, s. p., and was buried at Helmingham with great funeral pomp 11 March following. Will dated 5 May 1777. Admon., with the will annexed, granted 25 May 1799 to 1 See the pedigree of Halliday in The History of Antigua, by Vere Langford Oliver, ii. 43-48. 2 P. C. C., 460, Holman. 3 Her portrait by Sir Joshua Reynolds is now at Waddesdon Manor, co. Bucks. 4 Parish Register of St. George's, Hanover Square, printed by the Harleian Society. 6 Gentleman's Mag., iv. 451. 6 Extracts from the Registers Of Helmingham in Davy's Suffolk Collections ; Gentleman's Mag., Ixix. 174. MURRAY, EARL OF DYSART 411 Magdalene, Countess of Dysart, the relict.1 He married, first, at St. James's, Piccadilly, without the consent or knowledge of his father,2 2 October 1760, Charlotte, third and youngest illegitimate daughter of the Hon. Sir Edward Walpole, K.B., by Dorothy Clements (and sister of Maria Walpole, afterwards wife of H.R.H. the Duke of Gloucester, brother of King George in.). She, who was born 9 December 1738, and baptized at St. James's, Picca- dilly, 3 January 1738-39,3 died s. p. at Ham House 5, and was buried at Helmingham 17, September 1789. Lord Dysart married, secondly, at the house of his brother, the Hon. Wilbraham Tollemache, in Piccadilly, 19 April 1791,4 Magdalene, daughter of David Lewis, of Malvern Hall, co. Warwick, by Mary, daughter, and eventually heir, of the Rev. Marshall Greswolde, of Solihull, in the same county. She died s. p., at her house in Piccadilly, 2 February 1823, and was buried 19th at Helmingham. Her will, dated 24 May 1816, was proved in London 25 September 1823. VI. WILBRAHAM, born 21 October 1739; succeeded his brother Lionel as Earl of Dysart and Lord Huntingtower 20 February 1799 ; and voted at elections for Represen- tative Peers for Scotland 10 August 1802, and 4 December 1806 (by signed lists). He was originally in the Royal Navy, but afterwards served in the Army, from which he retired in 1775, being then major of the 6th Regiment of Foot. He was M.P. for Northampton 1771-80, and for Liskeard 1780-84. In 1785 he served the office of High Sheriff of Cheshire, and was afterwards High Steward of Ipswich. He died s. p. at Ham House 9 March 1821, and was buried 29th at Helmingham with great state. His will was proved in London the same year. Being the last male heir of his ancient family, the baronetcy of Tollemache, created at the first institution of that dignity, 22 May 1611, became extinct, but the earldom of Dysart and barony of Hunting- 1 P. C. C.t 348, Howe. 2 See a letter written by Horace Walpole two hours after the ceremony had taken place, printed in the Walpole Letters, iv. 92, and in the Memoirs of Horace Walpole, edited by Eliot Warburton, ii. 70. In this letter Walpole mentions that the bridegroom was then twenty-six years of age. 3 Parish Reg. of St. James's ex inform. G. E. Cokayne, Clarenceux. 4 Registers of St. George's, Hanover Square, printed by the Harleian Society. Their marriage-settlement was dated 11 and 12 March 1791. 412 MURRAY, EARL OF DYSART tower devolved, according to the limitations contained in the patent of 5 December 1670, upon his sister, Lady Louisa Manners. He married, at St. George's, Hanover Square