THE SCOTS PEERAGE Edinburgh : Printed by T. and A. CONSTABLE FOR DAVID DOUGLAS LONDON . . . 8IMPKIN, MARSHALL, HAMILTON, KENT AND CO., LIMITED CAMBRIDGE . . BOWES AND BOWES GLASGOW . . JAMES MACLEHOSE AND SONS THE SCOTS PEERAGE FOUNDED ON WOOD'S EDITION OF SIR ROBERT DOUGLAS'S of S>cottan6 v CONTAINING AN HISTORICAL AND GENEALOGICAL ACCOUNT OF THE NOBILITY OF THAT KINGDOM EDITED BY SIR JAMES BALFOUR PAUL, LL.D. LORD LYON KING OF ARMS WITH ARMORIAL ILLUSTRATIONS VOLUME VII EDINBURGH : DAVID DOUGLAS 1910 All rights reserved . <* 1 Cs CONTENTS AND LIST OF ILLUSTKATIONS PACK PANMURE, MAULE, EARL, 1 PERTH, DRUMMOND, EARL OF, ..*.... 28 PITTENWEEM, STEWART, LORD, 63 POLWARTH, SCOTT, LORD, ....... 70 PORTMORE, COL YEAR, EARL OF, . 88 PRESTON, GRAHAM, VISCOUNT, . . . . . . 98 PRIMROSE, PRIMROSE, VISCOUNT OF, .... 109 QUEENSBERRY, DOUGLAS, DUKE OF, .... 112 REAY, MACKAY, LORD, 167 ROLLO, ROLLO, LORD, 180 ROSEBERY, PRIMROSE, EARL OF, 212 With full-page Illustration. ROSS, ANCIENT EARLS OF, 230 ROSS, STEWART, DUKE OF, 245 ROSS, ROSS, LORD, 247 ROTHES, LESLIE, EARL OF, 264 With full-page Illustration. ROTHESAY, STEWART, DUKE OF, 312 ROXBURGHE, INNES KER, DUKE OF, .... 314 With full-page Illustration. vi OON TENTS PAOI RUGLEN, HAMILTON, EARL OF . RUTHERFURD, RUTHERFURD, LORD, 364 RUTHVEN OF FREELAND, RUTHVEN, LORD, ... 385 With full-page Illustration. ST. COLME, STEWART, LORD, 394 SALTOUN, ABERNETHY, LORD, 396 SALTOUN, FRASER, LORD, 417 With full-page Illustration. SEAFIELD, OGILVIE-GRANT, EARL OF, .... 454 With full-page Illustration. SEAFORTH, MACKENZIE, EARL OF, 495 SELKIRK, DOUGLAS, EARL OF, 516 SEMPILL, FORBES-SEMPILL, LORD, 526 With full-page Illustration. SINCLAIR, SINCLAIR, LORD, 569 With full-page Illustration. LIST OF CONTBIBUTOBS TO VOL. VII. J. A., . . . REV. JOHN ANDERSON, Curator Historical De- partment, H.M. General Register House, Edinburgh. P. J. A., . . .P. J. ANDERSON, University Library, Aberdeen. C., ... THE RIGHT HON. THE EARL OF CASSILLIS. A. S. C., . . ALAN S. CARNEGIE. E. G. M. C., . . EVELYN G. M. CARMICHAEL. E. D., . . . THE LADY EDITH DRUMMOND. E. M. F., . . MRS. E. M. FULLARTON. F. J. G., . . FRANCIS J. GRANT, Rothesay Herald. H. W. F. H., . . H. W. FORSYTH HARWOOD, Editor of the Genealogist. R. F. I., . . ROBERT F. IRVING. A. M., . . THE REV. ANGUS MACK AY, Westerdale Manse. J. M., . . . JOHN MACGREGOR, W.S. J. B. P., . . . SIR JAMES BALFOUR PAUL, LL.D., Editor. A. F. S., . .A. FRANCIS STEUART. ERRATUM Page 176, fifth line from bottom, note 6, for also a Christian read Margaret. MAULE, EARL PANMURE EW families can trace their descent from such ancient and authentic sources as the great house of Maule. For- tunate in its records, it has been no less fortun- ate in its recorders : the Hon. Harry Maule of Kelly, third son of the second Earl of Pan- mure, made, with the assistance of his second son James, a collection of the charters relating to the leading families from whom he was de- scended. This chartulary was completed in 1733, and com- pares favourably with similar collections made at that period, as the compilers displayed *a love of historical research with a spirit of critical discrimination rarely combined in the works of their contemporaries.' By the generosity of Fox Maule, Earl of Dalhousie, the collection was printed in 1874 under the able editorship of the late John Stuart, LL.D., as the Registrum de Panmure, and most of the information contained in the following article has been got from the pages of that work. But as it was 4 framed less for the purpose of tracing out lists of all the members of the family and preserving in detail the dates of their births and deaths than of concentrating attention on the main line and illustrating each generation by groups of historical documents, etc.,' it has been necessary to make further search for many of the facts dealt with. VOL. VII. A 2 MAULB, EARL PANMURB The family of Maule trace their origin to France, and the first on record appears to be ANSOLD, LORD OF MAULE, who, with Rectrude his wife, made a donation to the Priory of St. Martin des Champs at Paris 1015. The seigneurie of Maule lay about eight leagues from Paris, and a few leagues from St. Germains-en-Laye. Ansold was succeeded by his son, GUARIN, who is named in a charter by Robert, King of the Franks, before 1032,1 to William, Abbot of St. Germains. His wife's name, which is also mentioned in the charter, was Hersende. They had a son and successor, ANSOLD. His patrimony must have been large, and he probably added to it, as he is called by Ordericus Vitalis 4 dives Parisiensis.' His son and heir was PETER, Lord of Maule, who, along with his two immediate successors, is frequently mentioned in the chronicles of the last-named historian. He gave large gifts to the monastery of St. Evroult and lived to a good old age, dying 12 January 1106. He was of a jovial disposition and preferred feasting to fighting.2 His wife's name was Guindesmoth, and they had issue : — 1. ANSOLD, who carried on the line of the family. 2. Theobald. 3. Guarin. 4. William. 5. Hubeline. 6. Euremburga. 7. Odeline. 8. Hersende. ANSOLD, Lord of Maule, seems to have been of a higher type than his father. He was a brave soldier and saw much service : he was learned, temperate, and exceedingly strict in morals. Shortly after his father's death, and apparently influenced not a little by the appearance of a comet with a long and fiery tail, he made peace with the neighbouring monastery, with which he had had some con- tention, and confirmed to the monks all that his predecessors had given to them, adding other gifts of his own. Towards the end of his life — it is said he had borne arms for fifty- three years — he entreated the monks of Maule to admit 1 Eeg. de Panmure, ii. 8. 2 I&tU, 16. MAULS, EARL PANMURE 3 him to their brotherhood ; and having got the consent of of his wife and his son and heir, he was invested with the religious habit ; but he did not long continue to wear it, as he died the third day after his admission to the Order, in the year 1118. He married Adeline, daughter of Ralph, surnamed Malvoisin, and by her had issue : — 1. PETER. 2. Ralph. There seems little doubt that some of the younger branches of the family accompanied William, Duke of Normandy, in his invasion of England. Orawfurd says J that the ancestor of the Maules in Scotland was a son of Peter, the first Lord of Maule of that name, and that he was one of the companions of William. It is certain that the name Maule occurs in the lists of those who came over from Normandy at that time.2 The Christian name or names are not given, but in the reign of Henry I., Robert and Stephen de Maule are mentioned as giving a benefaction to the restored Abbey of St. Hilda, Whitby, of the church of Hatun in Cleveland, with its pertinents the chapel of Newton of Thorpe, and Hatun Parva.3 Whether these Maules were sons of Peter, Lord of Maule, has not been ascertained ; they do not occur among the names of his children mentioned by Ordericus. But Robert is believed to have come to Scotland with the other Normans who accompanied David I. there. His name is mentioned in a charter by Henry, Earl of Northumberland, David's eldest son, granting lands in Northumberland to Eustace Fitzjohn.4 It is more likely that he was the grandson and not the son of Peter, Lord of Maule. He is believed to have had at least two sons : — 1. WILLIAM. 2. ROGER. WILLIAM DE MAULE. Under the designation of William Masculus he witnessed, about 1141, the confirmation of a charter by Earl Henry to the church of St. Mary of Haddington,s and in that year he was also witness, at 1 Lives of the Officers of State, 259. 2 Graf ton's Chronicle, ii. 3; Holinshed, ii. 294. 3 Monast. Aug., i. 410. * Bodleian MSS., Ixxiv. 27; Reg. de Panmure, ii. 67. 6 Reg. Prior. S. Andree, 191. 4 MAULE, EARL PANMURE Jedburgh, to a grant by the same Earl to the church of the Holy Trinity of Tiron in France,1 as well as to another, granted after 1147, to the church of St. John in the Oastle of Roxburgh, dated at Traquair.2 He is said to have accompanied David I. to the battle of the Standard in 1138. He is found in possession of the lands of Foulis, and, between 1162 and 1186, granted to his nephew, Thomas the cleric, the church and church lands of Foulis, by a charter which is witnessed by another nephew, Richard, and also by Michael Maule.3 William de Maule had two daughters but left no male issue : — 1. Christian, married to Roger de Mortimer, who got grants from King William the Lion of the lands of Foulis, which formerly belonged to his father-in-law, and two tofts in Selkirk and Clackmannan, which King Malcolm, the King's brother, had granted to William Maule.4 2. Cecilia, married to Walter de Ruthven. Her grandson, Sir Gilbert de Ruthven, renounced in 1262 all rights in the lands of Foulis competent to him through her.5 The elder brother having had only female issue, the line of the family was carried on by his younger brother, ROGER DE MAULE, regarding whom not much is known. He appears as a witness to a charter by Duncan, Earl of Fife, granting to the Oanons of St. Andrews the church of Oupar.6 Neither the date of his death nor the name of his wife has been ascertained, but he is believed to have had three sons : — 1. RICHARD. 2. John, who witnesses two deeds by William, Bishop of St. Andrews, relating to the teinds of the vicarages of Haddington and Linlithgow. He is described as one of ' our clerics,' and must therefore have been in holy orders.7 3. Thomas, also a cleric, and designed as such in a charter by his uncle William Masculus de Foulis, 1 Col. of Docs. France, 357. 2 Reg. Glasguense, i. 10. 3 Reg. Prior. S. Andree, 40. « Ibid., 80. * Reg. de Panmure, 82. 6 Reg. Prior. S. Andree, 242. T Ibid., 159, 160. MAULE, EARL PANMURE 5 granting him the church and church lands of Foulis.1 RICHARD DB MAULE. About him too there is but little information. He is named as a witness to his uncle's grant of the church of Poulis cited above. He is said to have had two sons : — 1. PETER. 2. William. As Archdeacon of Lothian, William de Maulia witnessed a deed of Alexander n., ordering the Sheriff of Edinburgh and others to make an extent of the pasture of Lethanhope 28 August 1241. He also witnessed a donation by the same King of the vale of Lethan to the monks of Newbottle.2 PETER DE MAULE, the eldest son, is the first member of the family from whom the descent of his successors can be clearly proved by existing documents. The previous genera- tions, from want of fuller evidence, can be stated only with a certain amount of inference and conjecture. Of his actual life indeed not much is known, the most important fact in it being that he married, before 1215, Christian de Valoniis, daughter by Loretta, daughter of Saher de Quincy, Earl of Winchester, and heiress of William de Valoniis, Chamberlain of Scotland, who died at Kelso in 1219.3 She brought to her husband the large baronies of Panmure and Bervie, which had been originally granted to her grandfather, Philip de Valoniis, by William the Lion about 1180.4 She also succeeded, along with her co-heirs Lora, wife of Sir Henry Baliol, and Isobel de Valoniis, the daughter of Roger de Valoniis, Lord of Kilbride, and wife of Sir David Cumin, to the English estates which belonged to Christian Fitzwalter, Countess of Essex, who was the daughter of Gunnora de Valoniis, wife of Robert Fitzwalter, and cousin of William de Valoniis above mentioned. The names of Peter and his wife occur in a deed of 1254, relating to the settlement of a dispute between them and the abbot and convent of Arbroath, concerning the bounds of certain lands belonging to the 1 Reg. Prior. S. Andree, 40, 46. 2 Reg. de Newbotle, 90. 3 Chron. de Mailros, 187. 4 Reg. de Panmure, i. p. xix. 6 MAULB, EARL PANMURE respective parties.1 Peter de Maule is said to have died in 1254. There is a charter, without date, by Christian de Valoniis, ' in pura viduitate,' by which she granted to John de Lydel her lands of Balbanein and Panlathyn which she and her late husband Peter de Maule had granted to Thomas de Lydel the father of John. By his wife Peter de Maule left issue : — 1. WILLIAM, who succeeded. 2. Thomas, who is said to have been killed in 1303 while defending the Castle of Brechin, of which he was governor, against the English.2 WILLIAM DE MAULE of Panmure granted, in 1293, to Radulph of Dundee, a charter of the lands of Banavie and Balrotheri, with the advowson of the church of the same. Little is known about him, but he was dead before 1312, when his son is found granting deeds to the son of Radulph of Dundee. He married Ethana de Vallibus, daughter of John Vaux or de Vallibus, Lord of Dirleton.3 By her he had a son, HENRY DE MAULE of Panmure, who granted, as above stated, in 1312, an acquittance to John de Glasreth, son and heir of Sir Radulph of Dundee, for ten merks, part of the sum due for the confirmation of the charter by William of Maule previously referred to. In the final agreement between the parties about the lands mentioned, which is dated 26 May 1325, in connection with certain disputes between them, he is styled Sir Henry of Maule, Knight of Panmure. He is said to have married Margaret, daughter of Sir William Hay of Locherworth, by whom he had issue : — 1. WALTER, who succeeded. 2. William. 3. Peter. 4. Christina, married to Alexander, son and heir of John of Strathechin, with whom she got a charter from her father of the lands of Carmyle and others, con- firmed by King David n. 27 August 1347, and by King Robert n. 4 February 1382. 1 Reg. de Aberbrothoc, i. 322. 2 Flores Hist., Mat. Westminster, 446. 8 Beg. de Panmure, i. p. xx. MAULE, EARL PANMURE 7 WALTER MAULE of Panmure, on 31 December 1346, granted a charter to his nephew, Henry of Strathechin, and Ysoca, his wife, of three parts of the lands of Muncur in the barony of Panmure ; and another of the lands of Carnegie to John, son and heir of John, son of Christin, son of John of Balnahard.1 He was present at a Justiciar's Court held at Porfar 17 July 1348.2 He made a grant to the Bishop of Brechin of the chaplaincy of Both and was dead before August 1348, when the Bishop confirmed it.3 The name of his wife has not been ascertained, but he left two sons : — 1. WILLIAM, who succeeded. 2. Henry, who got a charter of the lands of Glasletyr from his brother 1 May 1389. WILLIAM MAULE of Panmure granted, in 1361, a tack of the lands of Skryne to Alexander Strathechin of Carmyle. He was dead before 12 August 1407 when Alexander, Earl of Craw- ford resigned to the heirs of William Maule of Panmure the lands of Kekisflat. He married Marion, daughter of Sir David Fleming of Biggar and Cumbernauld, to whom he made a grant of the lands of Skryne and others by a charter confirmed by King Robert n. 3 September 1380. By her he had issue : — 1. THOMAS, who succeeded. 2. Janet, who was married to Alexander Ochterlony, son and heir of William Ochterlony of Kelly. She had, along with her husband, a grant of the lands of Grenefurde in the barony of Panmure 4 October 1434.4 THOMAS MAULE of Panmure was killed at the battle of Harlaw 24 July 1411.5 He married Elizabeth, daughter of Sir Andrew Gray of Foulis, by whom he had a posthumous son, THOMAS MAULE of Panmure. On 31 May 1412 he had a precept from the Duke of Albany for infefting him in parts of Panlathy as heir to his father.8 His tutor during 1 Reg. de Panmure, ii. 166, 167. 2 Reg. de Aberbrothoc, ii. 20. 3 Reg. Episc. Brechin, i. 10. * Reg. de Panmure, ii. 181. 6 Ibid., 230. • Ibid., 187. 8 MAULB, EARL PANMUBE his pupillarity was Sir Andrew Gray, his grandfather, as is shown by discharges granted to him in 1427. Sir Thomas Maule established his right as heir of line to the lordship of Brechin, through his grandmother, Marion Fleming, whose mother, Jean Barclay, was daughter of that Sir David de Barclay who married Margaret, daughter of David de Brechin.1 Sir Thomas died in 1450, having married, in 1427,2 Mary, daughter of Sir Thomas Abercrombie of that Ilk. By her he had a daughter who married Sir David Guthrie,3 besides a son and successor, SIR THOMAS MAULB of Panmure. Not much is recorded about him. He appears as giving possession to the monks of Oupar of an acre of land and fishing in Stenkindehavin [Stonehaven] 20 February 1456-57.4 He also granted letters of reversion to his uncle, Andrew, Lord Gray, of the lands of Skethin.6 On 25 November 1481, in an instrument re- lating to an agreement between him and the Earl of Craw- ford as to the boundaries of certain lands, there is mention made of a limit running * a magna cruce lapidea de Oambi- ston,' one of the most interesting of the sculptured stones of Scotland, which still survives. Sir Thomas died after 16 January 1497-98, on which date he gave possession to his grandson and heir, Thomas, of all his moveable goods, only providing that he should supply his grandfather with all necessaries and pay his debts.9 He had previously, on 2 March 1490-91, conveyed the barony of Panmure to him,7 and he had also, on 14 March 1497-98, a charter of the lands of Balishan.8 The reason of his divesting himself of all his property, both heritable and moveable, during his lifetime, may perhaps be found in the fact that, according to the family genealogist, 'rydand at the huntes neir to the Grein Lane of Brechine [he] swddenlie become blind and lost his sight, quharfor he was called the blind knight.' Sir Thomas married, first, Elizabeth, younger daughter of David, third Earl of Crawford : he seems to have divorced her, apparently for no fault but because his brother-in-law, Sir David Guthrie, had attempted to divorce his sister on 1 See vol. ii. 223, 224. 2 East Neuk of Fife. » Reg. de Panmure, i. p. xxv. * Ibid., ii. 236. • Ibid., 242. • Ibid., 262. ' Confirmed 2 June 1491, Reg. Mag. Sig. • Confirmed 26 March 1497-98. MAULB, EARL PANMURB 9 the ground that they were within the prohibited degrees. Lord Crawford had supported Guthrie in his contention, and Maule's revenge was to divorce Crawford's daughter in return. Whatever may be the truth of this story, which rests on the authority of the family chronicler of the seven- teenth century, there is no doubt that Sir Thomas did marry, before 12 August 1489,1 a second wife in the person of Catherine Oramond, a daughter of the Laird of Aldbar.2 By his first wife he had a son, 1. Alexander, * who was ane prodigal man, not gewen for the weil of his hows.' He left Scotland in 1489, having quarrelled with his wife, taking large sums of money with him. When or how he died is not known ; neither he nor his money was ever heard of, and it was supposed that he had been robbed and murdered. He married Elizabeth, daughter of Sir David Guthrie of that Ilk, and had by her, who died about 1526 and was buried in the kirk of Monikie, two sons and a daughter : — (1) THOMAS, of whom presently. (2) William of Auchrinnie, who married Janet, daughter of John Carnegy and sister to Sir Robert Carnegy of Kinnaird. (3) Isabel, married to Ramsay of Panbride. By his second wife Sir Thomas had a son, 2. William, said to have been blind like his father. He resided during his life chiefly with his uncle, the Laird of Aldbar.3 SIR THOMAS MATJLE of Panmure succeeded his grand- father, with whom he was a great favourite. He had a charter of the barony of Panmure from him 12 March 1490-91;* and another of Balischane 14 March 1497-98.5 He appears to have been a very stout, pleasant and good- natured person : he certainly did once burn, * for ane indig- natione,' the house of John Liddel of Panlethyne, but he was very penitent for this act, and obtained a remission under the Great Seal.6 In later years he made several 1 Reg. Mag. Sig. * She is said to have married, secondly, Robert Keith, brother to the Earl Marischal, and to have lived till 1532. 3 In 1546 his legitimacy was called in question by his grand-nephew, Robert Maule of Panmure, but the result has not been ascertained ; Ada Dom. Cone, et Sess., xxii. f. 29. 4 Confirmed 2 June 1491, ibid. 6 Confirmed the following day, ibid. e Not recorded in Reg. Mag. Sig. 10 MAULB, EARL PANMUBE donations to religious houses. On 20 April 1504 he and his wife and children were received into the confraternity of Friars minor,1 and on 22 April 1509 he mortified certain lands of Skethyn to the Minorites of Dundee for masses to be said for the souls of his grandfather, father, himself, and his two wives.2 Sir Thomas fell with many friends and vassals at Flodden in 1513. A graphic glimpse of the fierceness of the fray is afforded in the narrative of the family historian: — Sir Thomas was very fat, or as it is phrased in the direct vernacular of the day, * he was grown in the womb, and therefore was not able, be reason of the great presse to draw his sword, whairfor the laird of Guthrie (his uncle or cousin) drew it furth to him,' but in the medley and struggle which ensued a man of his build ran a poor chance. He married, first, previous to 12 March 1490-91, Elizabeth, daughter of David Rollok of Ballachie ; and, secondly, before 1504, Christian, daughter of William, Lord Graham, and widow of James Haldane of Gleneagles,3 with- out issue. By his first wife he had issue : — 1. ROBERT, who succeeded.4 2. Elizabeth, married (contract 13 June 1507), with a tocher of 320 merks, to Alexander Strachan, younger of Oarmylie.5 3. Isobel, married to Henry Ramsay of Panbride.6 4. a daughter, married to John Liddel of Panlathyne, who fell at Flodden.7 ROBERT MAULB of Panmure succeeded his father when he was sixteen. In 1526 he took part with the Earl of Lennox in the unsuccessful attempt to rescue James v. out of the hands of the Douglases, for which he got a remission under the Great Seal from the King 27 February 1527-28.8 On 25 February 1528-29 he had a royal charter to himself and his wife of the lands of Panlethy and others.9 He had a licence under the Privy Seal, 20 February 1528-29, permitting him to stay at home from all hosts, courts of justiceayres, and parliaments on the ground of his 1 Beg. de Panmure, ii. 268. 2 Ibid., 276. 3 A eta Dom. Cone., xxiv. f. 92. * Douglas inserts a second son, William, but see ante, where he is said to be son of Alexander. * Macfarlane's Gen. Coll., ii. 146. 6 Reg. Mag. Sig., 8 May 1551. Macfarlane calls her Margaret and her husband David. 7 Ibid. 8 Reg. de Panmure, ii. 306. g Reg. Mag. Sig. MAULE, EARL PANMURE 11 health.1 He may have been suffering from the effects of a fray with Ogilvy of Balfour, whom he accidentally met at the burn of Barrie ; in the fight he was ' ewil wondit.' He got a remission for taking part in the insurrection of the Earls of Lennox and Angus against the Regent Arran 13 February 1543-44.2 He opposed the idea of a match between the Queen and Edward of England. He was taken prisoner during the invasion of Scotland by the English in 1547, while defending his house of Panmure, being severely wounded by a culverin shot. He was carried off to Eng- land and imprisoned in the Tower, from which, however, he was released in 1549 through the intervention of the Marquis d'Elboeuf. He died 3 May 1560, and was buried in Panbride Church. His character is graphically portrayed by the family historian before referred to : — * He was ane man of cumlie behauior, of hie stature, sanguine in colloure both of hyd and haire, colerique of nature, and subject to suddane anger, ane natural man, expert in the lawes of the countray, of gud langage, expert in countine of genealogies ... he was very temperat of his mouthe, but gewin to leicharie, an abel man on fut, ane gud horsman, lyket weil to be honorable in apparel, and weil horset, mykil honorit with his nychboures and in gud estimatione. He tuk gryt delyght in haukine and hountine. He tuk plesior in play- ine at the fut bale,' and had the moor of Bathel reserved entirely for that game. * Lykwayes he excerciset the gowf and oftymes past to Barry lynkes ' ; there the games were played not for money but for drinks, and the chronicler relates how the laird would never enter a ' browster hous * but sent one of his servants to pay for all when he had lost a match. There are few more happy sketches of a country gentleman of the period than this — a gentleman of the better class, no doubt, though it is said that he was quite illiterate and could neither read nor write. So much so that when in his later years he became an adherent to the reformed religion, his eldest son, ' ane godly persone gewine to redine of the scripture, did nychtlie valk besyde his father ' and instruct him in the leading tenets of the faith. Robert Maule married, first, before 1519, Isobel, daughter 1 Reg. de Panmure, ii. 306. 2 Ibid., 308. 12 MAULE, EARL PANMURE of Sir Lawrence Mercer of Aldie.1 She died 30 April 1540, and was buried in the choir of Panbride Church. He married, secondly, in 1545, Isobel, daughter of James Arbuthnott of that Ilk, and relict of David Ochterlony of Kelly. She died in 1558. By his first wife Robert Maule had : — 1. THOMAS, who succeeded. 2. John of Oamistoun, died unmarried at Pitcur and was buried at Kettins.2 3. Robert, who lived at Pitlevy, and died unmarried in October 1600.3 4. Margaret, married to Andrew Haliburton of Pitcur.4 5. Elizabeth, married to William Haliburton, brother of the Laird of Pitcur.6 6. Janet, married, in 1540, a week before her mother's death, to James Strachan of Balvousie. Her testa- ment was confirmed 11 February 1594-95.' 7. Agnes, married, as his second wife, to Strachan of Oarmylie.7 8. 9, 10, 11. According to Macfarlane there were four other daughters, named respectively Isobel, Geils, Jean, and Catherine, 'all but meanly married.' If these were all daughters of Isobel Mercer, she must have died when they were very young. By his second wife Robert Maule had issue : — 12. Henry. On 18 September 1565 he had a charter from his brother Thomas of part of the lands of Skryne and others.8 On 24 March 1580-81 he witnessed a charter as * servitor ' to Esme, Earl of Lennox, Com- mendator of Arbroath.9 He is generally styled por- tioner of Skryne, and as such had a grant, along with his son Henry, from John Boswell of Balmuto, 11 October 1591, of the sunny half .of Balgreggie in Fife.18 He had also a charter from Lord Balmerino, 1 August 1605, of the lands of Easter Innerpeffer.11 He married, first, Katherine, daughter of John Boswell of Bag- lillie, and, secondly, Janet Lyon, widow of Henry 1 Reg. Sec. Sig., i. 3039. * Macfarlane's Gen. Coll., ii. 148. s Ibid. 4 Ibid. 6 Ibid. 6 Edin. Tests. 7 Macfarlane's Gen. Cott., ii. 148. 8 Con- firmed 31January 1565-66, Reg. Mag. Sig. B Ibid,, 28 August 1581. 10 Ibid., 18 January 1591-92. " Ibid., 28 December 1605. MAULE, EARL PANMURE 13 Guthrie of Oollieston.1 By his first wife lie had a son, (1) Henry, who wrote a History of the Picts,2 and married in 1612 a daughter of Durham of Pitkerro.3 He acquired the estate of Melgund,4 and, besides two other sons, was the father of James Maule of Melgund, who because of his knowledge of the diving-bell was employed by the ninth Earl of Argyll in 1665 to recover possible treasure from a Spanish vessel sunk near Tobermory in Mull.6 13. Andrew. He also had a charter from his brother Thomas of part of the lands of Skryne 5 April 1558,6 and another of other portions of the same lands 18 September 1565.7 Under the designation of Andrew Maule of Gourdie (or Guildie), for a long time one of the King's familiar servitors, he had a royal con- firmation of his portion of Skryne to himself and his wife 30 January 1600.8 Both he and his wife were alive on 15 July 1624, when they and their sons resigned the Skryne lands in favour of Patrick Maule of Panmure.9 His wife's name was Margaret Durham. They had issue : — (1) Robert, mentioned in the charter of 1624. (2) William, also mentioned there. ?3) David.10 (4) Barbara, married to Thomas Wishart of Bondarge.11 (5) Grisel, married to Gilbert Wishart, son of the Laird of Logie. (6) Elizabeth, married to Thomas Pearson, son of the Laird of Lochlands.1* (7) Marjory, married, first, to William Nairne, son of David Nairae of Sandford, and secondly, as his second wife, 29 April 1652, to the Earl of Ethie, afterwards Earl of Northesk, then a man of about seventy-three.13 14. William, merchant in Edinburgh. He appears as a sub- stitute of entail in the charters of the Skryne lands to his brothers Andrew and Henry above mentioned. On 19 May 1592 he had a charter from John Guthrie of Oollieston of the lands of Oruikston, co. Forfar, for 1 Macfarlane's Gen. Coll., ii. 149. 2 Crawfurd's Peerage, 393. 3 Mac- farlane's Gen. Coll., ii. 149. 4 Reg. Mag. Sig., 6 December 1652. 6 Sixth Rep. Hist. MSS. Com., 625, 627. 6 Confirmed 7 April 1558, Reg. Mag. Sig. 7 Confirmed 31January 1565-66, ibid. s Ibid. 9 Ibid. 10 Mac- farlane's Gen. Coll., ii. 149. u Ibid. ia Ibid. 13 Camegies, Earls of S&uthesk, ii. 351. 14 MAULE, EARL PANMUBE which he paid 6000 merks,1 and which he sold in 1610 to David Carnegie, citizen of Brechin, for 5000 merks.2 By November 1607 he had served his term of office as Dean of Guild of Edinburgh.3 He died 19 April 1619,4 having married Bethia, daughter of Alexander Guthrie, town-clerk of Edinburgh, in whose right he was admitted burgess 25 July 1579. She died 22 Decem- ber 1624,5 having had issue seven daughters and co- heiresses : — (1) Marion, married, 30 August 1598, to Sir Alexander Seaton of Kilcroich, afterwards a Lord of Session.6 (2) Bethia, married, 9 September 1601, to James Murray of Skirling.7 (3) Margaret, married (contract mentioned in charter of 13 August 1607, where she is styled conjux affidata) to Sir Archibald Murray of Blackbarony.8 (4) Eleanor, married, 6 September 1610, to Alexander Morrison of Prestongrange.9 (5) Janet, married, 27 September 1615, to "William Oliphant of Kirkhill.10 (6) Isabel, married, first, to James Dundas of Duddingston, and, secondly, to James Hamilton of Parklie. (7) Elizabeth or Beatrix, married, 24 February 1620, to Robert Burnet of Crimond,11 and died 1622. 12 15. Marjorie, married to Andrew Guthrie of Kingenny.13 THOMAS MAULE of Panmure, the eldest son of Robert, was born 21 December 1521.14 He was as a youth a great favourite of Cardinal Beaton, and was contracted to one of his natural daughters, but on King James's advice, * marie newir ane preist's geat,' the contract was broken off on payment by his father and himself of 3000 merks.15 He went to France with the embassy of Beaton in 1541 and came home the next year. He was at the battle of Pinkie in 1547 and had many exciting adventures in making his escape from that field, all of which are most graphically told by the family chronicler. He was taken by the Eng- lish at Panmure along with his father as above stated, but he appears to have escaped and to have been re-taken soon after. He suffered a short imprisonment at Morpeth but 1 Confirmed 30 January 1596-97, Reg. Mag. Sig. 2 Ibid., 2 August 1610. 3 Ibid., 18 November 1607. * Edin. Tests., 21 June 1620. 6 Ibid., 1 Sep- tember 1627. 6 Edin. Reg. 7 Ibid. 8 Beg. Mag. Sig. 9 Edin. Reg. 10 Ibid. » Ibid. " Family of Burnett, 133. 13 Macfarlane's Gen. Coll., ii. 149. I4 Beg. de Panmure, i. p. xxxiii. 16 Macfarlane's Gen. Coll., ii. 150. MAULB, EARL PANMUBE 15 was released before long. He was with Queen Mary at Aberdeen in 1562, but was not at the battle of Oorrichie, having been summoned home by the illness of his wife. He had a royal charter 17 March 1540-41 of the barony of Panmure on the resignation of his father, and at the same time the vill and lands were erected into a free burgh of barony under the designation of the East part of Panmure.1 In 1541 he sold to Elizabeth Beaton, a natural daughter of the Cardinal, and probably the lady to whom he was con- tracted, half the lands of Skryne.2 His name occurs frequently in the Great Seal Registers as a granter of charters to various persons, and it seems that he sold or alienated in some way a large portion of his estates. On 10 August 1576 he sold to his son Patrick the whole lands and barony of Panmure, only reserving a liferent to him- self and his wife.3 He does not seem to have taken any prominent part in public affairs, but after the murder of Darnley he supported the Regent Moray and his succes- sors against the Marian party. Thomas Maule was a pleasant person ; ' ane fair man, of personage lyk to his father, of rudie coullour, his hair read yellowe and his beard, of ane liberal face and blythe coun- tenance, newir for na adwersitie dejected.' He was a great sportsman ; ' he wald ryd al day . . . except in the morninge he wald tak ane drink of ale and theareafter ane lytel aquavite, and continewe to the eveninge without other meat or drink, and at his first cumine hame at ewin vald cal for ane drink.' He never wore a greatcoat, winter or summer, and like a true sportsman ' in the cauld frost vald vysche (wash) his haukes supper, and never shrink for cauld.' He was an athlete of note in his young days, and it is related that he and his brother-in-law, Willie Haly burton, clad in jacks and boots, leading their horses, on whom they strapped their cloaks, and each with a goshawk on his wrist, walked from Pitcur to the Water of Deane, and thence across to the Lunan, down which they went till they were able to strike across to Panmure ; the distance was about thirty miles, but encumbered as they were with hawks and led horses, and considering the 1 Reg. Mag. Slg. J Ibid., 15 April 1541. 3 Ibid., 23 August 1576. 16 MAULE, EARL PANMUBE rough ground over which they must have travelled, it was a very good day's tramp. Though a mighty Nimrod, Maule had no great capacity for business ; many estates, as has been noted above, were parted with by him, and including Panlethin, Glaster, and Oarnegy. There was some fric- tion, probably arising out of these alienations, between him and his eldest son, but this seems to have been got over before his death, which took place 7 March 1600, at the age of seventy-eight years two months and seventeen days.1 He was contracted in marriage, 8 January 1526-27, to Elizabeth Lindsay, daughter of David, Earl of Crawford,2 but whether the marriage was ever carried out is not certain. Her name does not appear as his wife in any writ, and either she or another sister of the same name had been contracted to John Erskine of Dun in 1522, when he was under fourteen, and she was his wife when she died in 1538.3 There is no doubt that Thomas Maule married, in November 1546, Margaret Halyburton, a daughter of the Laird of Pitcur. The union was an exceptionally happy one : she survived her husband, dying October 1602, at the age of seventy-six. By her Thomas Maule had issue : — 1. PATRICK, who succeeded. 2. William, who went to Sweden, when twenty-two years of age, with Archibald Ruthven, and entered the military service there. He died abroad s.p.4 3. David, died at Panmure, of ' a feltic gravel,' 1579 s.p.5 4. Robert. He was commissary of St. Andrews, and an elder in the church there. He was a learned person, and wrote a work entitled, De origine et vetustate gentis Scotorww, of which Macfarlane, while admit- ting its erudition, disapproves, because he * depresses the antiquity of our kings, yea, and partly unhinges their succession also,' which suggests that the history was on more reasonable lines than those of the more ancient chroniclers. The work, however, for which 1 Reg. de Panmure, i. p. xxxvi. His testament-dative gives the date of his death as 29 November. » Ibid., ii. 302. 3 Cf. vol. iii. 27. * Several members of the Maule family went to Sweden from time to time ; some got naturalised and ennobled. See Fischer's Scots in Sweden, Donner's Scottish Families in Finland and Sweden. 6 Macfarlane's Gen. Coll., ii. 161. MAULE, EARL PANMURE 17 he should be held in remembrance is the history of his own family, to which reference has so fre- quently been made in this article. It shows that however learned he might be, he could rise to a vivid and picturesque style, such as is seldom attained by a family historian. This scholar and antiquary did not, however, keep himself free from family disputes. On 14 January 1602 a complaint was brought against him by Martha Forrester, the widow of his brother Thomas, stating that he and another had assaulted and abused in ' ane uncouth and uncivill forme ' an officer called Gavin Duncan, who had served on him letters for the restitution of certain evidents and goods which had been de- spoiled from her. A certificate from the kirk session of St. Andrews was produced testifying to ' the inflrmitie and disease of Maule,' and he was ' excused.' l He married Catherine, youngest daughter of William Myretoun of Cambo. By her he had at least one son, (1) Patrick, born 7 January 1606, married, first, Christian, daughter of Robert Forbes of Rires,2with issue a daughter, Catherine, married to John Ochterlony of the Guynd • secondly, Jean, fourth daughter of John Ayton of Kin- naldie.3 5. Thomas of Pitlevie. He along with his wife had a charter, 19 November 1594, from Henry Ramsay of Ardowny, and Helen Beaton, his wife, of the lands of Ardowny.4 He died at Panmure November 1600, aged forty. He married, first, Margaret, daughter of Robert Lychtoun of Ulishaven, by whom he had issue, Thomas, Robert, Margaret, and Catherine ; and secondly, Martha Forrester, as above-mentioned, by whom he had one daughter.5 6. George, who was a mariner in England, where he married and had issue a son, William, who died s.p." 7. James, stated to have lived at Eyemouth, and to have had a son Alexander. 1 P. C. Reg.,vi. 335. 2 East Neuk of Fife, 2nd ed., 116. 3 Macfarlane's Gen. Coll., ii. 152. * Reg. Mag, Sig., 20 March 1594-95. 6 Macfarlane's Gen Coll., ii. 152. 6 Ibid. VOL. VII. B 18 MAULE, EARL PANMURE 8. Alexander, died in infancy. 9. Margaret, said to have been married to James Stewart, son of James, fifth Lord Innermeath. 10. Agnes, died 1568, aged six.1 11. Isabel, married to Henry, son of Robert Durham of Grange.2 PATRICK MAULE of Panmure was born at Pitcur in March 1548. He was at school at Kettins, Dundee, and Montrose, where he stayed till he was fourteen, at which mature age he was married and went to live with his father. After the death of the latter he found the estates in very bad order; some of them had been sold and the others were heavily mortgaged, while the house itself was in a very dilapidated condition. This he rebuilt, and would have done much more for the estates if he had had time and money. But he did not hold them long, dying only five years after his father, on 1 May 1605. He married Margaret, daughter of Sir John Erskine of Dun, the superintendent of Angus. She died 1599, leaving issue : — 1. PATRICK, who succeeded. 2. Elisabeth, married to James Strachan of Carmylie. 3. Jane, married to her kinsman David, second son of Sir John Erskine of Dun. In consequence of the failure of the senior line their issue became Lairds of Dun. 4. Margaret, married to Mr. Arthur Erskine, brother to the above-mentioned David, her brother-in- law.8 5. Euphemia, married to Patrick Ochterlony of Bonhard, son of William Ochterlony of that Ilk and Kellie. Along with her husband she had charters of the lands of Easter and Wester Knox 1 June 1608 and 28 January 1609.4 6. Isabel, married to William Arbuthnott, probably William Arbuthnott of Mondynes.5 7. Barbara, died young. 1 Beg. de Panmure, i. p. xxxvii. 2 Ibid. 3 See Scottish Antiquary, vi. 49-52, where authorities are given. * Reg. Mag. Sig., 7 June 1608 and 9 February 1609. 6 See vol. i. 291. MAULE, EARL PANMURE 19 8. Christian, married to Mr. Simeon Durie. He was the son of Mr. John Durie, the well-known minister of Montrose. Graduated at St. Andrews 1600 ; minister of Ferry-Port-on-Oraig 1G05 ; translated to Forglen 1609 ; and thence to Arbroath in 1628.1 I. PATRICK MAULE of Panmure was born 29 May 1585. When he succeeded his father the fortunes of his house were at a low ebb, but he was fortunate enough to attract the attention of King James vi., and soon became a favourite at Court. He was made a Gentleman of the King's Bedchamber, and had a disposition from the sove- reign of his own ward and marriage, together with other substantial marks of the royal favour.2 On 7 March 1610 he had a new grant of the lands and barony of Panmure, and a fresh erection of the East Haven into a burgh of barony,3 a grant which was renewed more than once under slightly different conditions. By shrewdness and care he was able gradually to recover a large portion of the lands which had been alienated or mortgaged by his predecessors. After the death of James vi. he was no less in favour with King Charles. On 4 May 1625 he had a royal charter of the lordship of Oolleweston in Northamptonshire,4 and on 12 June 1629 he had a gift of the keepership of the great park of Eltham.5 On 5 March of the same year he had a novodamus of the lands of Downy, erected anew into a free barony,6 but this was incorporated into the barony of Panmure by another charter on 1 December 1632.7 He was made Sheriff-Principal of Forfarshire, 5 September 1632.8 On 13 October 1634 he, along with two other adventurers, had a grant of the monopoly of exporting merchandise to Africa.9 On 15 of the same month he had a charter of the lands and barony of Brechin and Navar, and another, along with his son Henry, of the lands and barony of Balma- kellie.10 On 6 November following he was granted a monopoly of the making of soap for twenty-one years.11 On 26 November 1642 he had a charter of the abbacy of 1 Scott's Fasti. 2 Macfarlane's Gen. Coll., ii. 154. 3 Reg. Mag. Sig. 4 Reg. de Panmure, ii. 319. & Ibid. 6 Reg. Mag. Sig. 7 Ibid. 8 Reg. de Panmure, ii. 319. 9 Reg. Mag, Sig., see 21 April 1636, when a German and two Belgians were assumed as partners. 10 Reg. Mag. Sig. n Ibid. 20 MAULE, EARL PANMURE Arbroath, which he had purchased from the Earl of Dysart.1 Maule was a fervent royalist, and was devoted to the master at whose hands he had received so many favours. One of the last he was to get was his own Peerage. On 3 August 1646 he was created EARL OF PANMURE, LORD BREOHIN AND NAVAR, with remainder to the heirs- male of his body. The patent is dated at Newcastle, when the King was with Leslie's army, only a few months before his surrender to the English. He was only able to give his faithful follower one more token of his favour ; on 12 June 1647 he granted him the lands, teinds, etc., belonging to the bishopric of Brechin.2 Lord Panmure attended the King during his captivity in Holmby House and Oarisbrooke Oastle till he was compelled to leave him by order of the Parliament. Mr. Commissary Maule gives a touching description of the scene at the parting of the King with his faithful servant.3 Panmure presented him with a gold signet ring, the bill for which, amounting to £12, is still extant. After the King's death Lord Panmure lived a retired life on his family estates, but lived to see the Restoration, and though he could not on account of his age do personal service to his sovereign, he sent him a present of £2000.4 He was no doubt a wealthy man, though he had been fined under Cromwell's Act of Grace and Pardon a sum of £10,000, afterwards mitigated to £4000, which was paid 26 June 1655.5 He died 22 December 1661, and was buried at Panbride. Lord Panmure married, first, Frances, daughter of Sir Edward Stanhope of Grimston; secondly, Mary Waldrum, one of the Maids-of-honour of Queen Henrietta Maria ; and thirdly (contract 1638), Mary, daughter of John, Earl of Mar, and widow of William, Earl Marischal. By his first wife he had issue : — 1. GEORGE, second Earl of Panmure. 2. Henry, of Balmakellie, who is found associated with his father in various writs. He was one of the * Engagers ' for the rescue of King Charles i., was in 1 Beg. Mag. Sig. ' Ibid. 3 Reg. de Panmure, i. * Ibid. 6 Acta Parl. Scot., vi. pt. ii. 846. MAULB, EARL PANMURE 21 command of a regiment and was taken prisoner at the battle of Preston, but escaped. He was also at the battle of Dunbar in 1650, and was again taken prisoner at Worcester in 1651. He was fined £2500 by Cromwell, a sum afterwards reduced to £1000, which his father paid.1 He died 1667, being buried at Holyrood 8 April of that year.2 He married, first, 9 August 1649 (contract 1 and 3 August), Jean Wemyss, third daughter of John, first Earl of Wemyss, and widow of Sir Alexander Towers of Garmilton and Inverleith.3 She died before 10 May 1662, leaving issue, and her husband married, secondly, Margaret, daughter of Patrick Douglas of Spot, by whom he had one daughter, Margaret, married to Alexander Cochrane of Barbachlaw. 3. Jean, married (contract 19 October 1637 and 12 Janu- ary 1638) to David Carnegie, afterwards second Earl of Northesk.4 She died at her jointure-house of Erroll in November 1685,5 and was buried at Inverkeillor the following month. 4. Elisabeth, married, first, as his second wife, after November 1640, to John, second Earl of Kinghorn. He died 12 May 1647, and she was married, secondly, as his first wife, 30 July 1650,6 to George, third Earl of Linlithgow. In consequence of her marriages she became the mother of three Earls, Strathmore, Lin- lithgow, and Callendar. She died October 1659. II. GEORGE, second Earl of Panmure, was also a sup- porter of the Royalist cause, and on his return home from abroad in 1650 was appointed colonel of the Forfarshire horse. At their head he fought at the battle of Dunbar 3 September 1650, and was wounded at Inverkeithing 20 July 1651. The following year, however, finding further action unavailing, he made his peace with General Monck, and does not seem to have taken any further prominent part in public affairs. He succeeded his father in 1661, and was served heir to him 1 April 1662 and 12 May 1663.7 Perhaps 1 Ada Parl. Scot., vi. pt. ii. 846. 2 Wood's Douglas's Peerage. 3 Family of Wemyss of Wemyss, i. 235. 4 Carnegie Book, ii. 359. * Ibid., 36i. Lament's Diary, 27. T Retours, Forfar, 384, 385, 401. 22 MAULE, EARL PANMURE his best claim to remembrance is the fact that he built a new house at Panmure from the designs of John Milne, the King's master-mason, who, however, died in 1667, and it was only completed by Alexander Nisbet after the Earl's death, which occurred 24 March 1671. He married (contract 7 March 1645 ')» Jean Campbell, eldest daughter of John, Earl of Loudoun, Lord Chancellor of Scotland. By her, who died before 20 August 1703, he had issue : — 1. GEORGE, third Earl of Panmure. 2. JAMES, fourth Earl. 3. Harry Maule of Kellie. He was a firm supporter of the Stewart dynasty, and though a member of the Convention of Estates in 1689, left it when it was determined to declare the forfeiture of the Crown by King James vn. He took part in the rising of 1715, and rescued his brother Earl James, who was wounded at the battle of Sheriffmuir. He went abroad after this and resided in Holland for some time : he had great literary taste, and read both law and history largely. Both he and his brother the fourth Earl made extensive collections of chronicles, chartularies, and documents bearing on the history of Scotland.2 He held his Jacobite convictions to the last, and he carried on a voluminous correspondence with the leading ad- herents of the Stewart cause, being by them gener- ally addressed as the Earl of Panmure. Part of the barony of Kellie in Fifeshire he got from his brother Earl George in 1681, it having been purchased by the latter from Alexander Irvine of Drum in 1679. In 1686 he got the remainder of the lands from Earl James, and in 1687 he got a charter under the Great Seal of the whole barony, including Arbirlot and Cathlie, which he had acquired from the Archbishop of St. Andrews.3 Mr. Harry Maule died 23 June 1734.4 He married, first (contract 7 March 1695), Mary Fleming, daughter of William, Earl of "Wigtown. She died in March 1702, and he married, secondly (contract 27 January 1704), Anna Lindsay, sister of John, Viscount Garnock, 1 Reg. de Panmure, i. p. xliv. 2 Second Sep. Hist. MSS. Com., 186 ; Reg. de Panmure, i. p. Ixxiii. 3 Ibid., iii. 377. 4 Services of Heirs. MAULE, EARL PAJJMURE 23 and second daughter of Patrick Lindsay Crawford of Kilbirnie.1 She died 12 August 1729.2 By his first wife he had issue : — (1) George, who died young. (2) James, ' a young man of great learning and the highest promise,' who died s.p, 16 April 1729. (3) William, succeeded his father, was M.P. for the county of Forfar from 1735 till his death on 4 January 1782, in his eighty-third year. He was a distinguished soldier, and served in Marlborough's campaigns. After holding the commands of the 25th Foot, the Royal Scots Fusiliers, and the Scots Greys successively, he passed through the grades of Major-general and Lieutenant-general, and was made General in 1770. In 1764 he purchased the forfeited Pan- mure estates from the York Buildings Company for £49,157. He settled these estates on himself and the heirs-male of his body, whom failing, on his half-brother John and similar heirs. In 1779 he executed another entail including, after the former series of heirs, his nephew George, Earl of Dal- housie, in liferent, and William Ramsay, his second son, in fee, and the heirs-male of the body of the said William, whom failing, to the younger sons of the Earl of Dalhousie nominatim and the heirs-male of their bodies, whom fail- ing, to Lord Ramsay and the heirs-male of his body.3 Yet another entail was made on 12 October 1781, after his brother John's death, but it was in similar terms to the last with the omission of his brother's name. William Maule was on 6 April 1743 created an Irish Peer under the title of EARL OF PANMURE OF FORTH and VISCOUNT MAULE OF WHITECHURCH with a specific remainder, failing heirs-male of his body, to his brother John. William Maule seems to have been a popular person, besides being tall and handsome, and it is said that he will be long re- membered for his hospitality, benevolence and charity.* He died unmarried at Edinburgh 4 January 1782, when, his brother John having predeceased him, also unmarried, his Peerage became extinct. (4) Henrietta, died young. (5) Jean, married (contract 9 and 17 November 1726), to George, Lord Ramsay, eldest son of William, sixth Earl of Dalhousie. He died vita patris 25 May 1739, and she was married, secondly, to John Strother Kerr of Littledean, and died at Fowberry, Northumberland, 27 April 1769. By her first husband she was the mother of Charles and George, seventh and eighth Earls of Dalhousie. i. George, eighth Earl of Dalhousie, succeeded to the Panmure estates under the will of his uncle William (see ante, vol. iii. p. 103). At his death, in 1787, these lands went to his second son, 1 Cf . vol. iii. 174, 175 ; Beg. de Panmure, ii. 377, 378. * Historical Reg. Chronicle. 3 Beg. de Panmure, ii. 358. 4 Wood's Douglas's Peerage, ii. 356. 24 MAULE, EARL PANMURE (i) William Ramsay, who assumed the name and arms of Maule. He was born 27 October 1771 ; was in the Army for a short time, but sat in Parliament for Forfarshire 1796-1831, and was a steady supporter of Fox. On 10 September 1831 he was created LORD PANMURE OF BRECHIN AND NAVAR. He died 13 April 1852, having married, first, 1 December 1794, Patricia Heron, daughter of Gilbert Gordon of Halleaths. She died 11 May 1821 ; and he married, secondly, in 1822, Elizabeth, daughter of John "William Barton, then a girl of twenty- three. She survived him, and was married, secondly, 25 April 1856, to Bonomy Mansell Power of Guernsey, and died at Paris 25 June 1867. By his first wife Lord Panmure had, with other issue, a son : — a. Fox MAULE, who became in 1860 eleventh Earl of Dalhousie (see that title). At his death the barony of Panmure of the creation of 1831 became extinct. By his second wife Harry Maule had issue : — (6) Patrick, died young. (7) John of Inverkeillor, born 1706 ; admitted advocate 29 June 1725 ; Keeper of the Register of Sasines 1737 ; member of Parlia- ment for Aberdeen Burghs 1739-48; appointed one of the Barons of the Court of Exchequer in Scotland 1748. Died unmarried 2 July 1781. (8) (9) (10) (11) Thomas, David, Charles, and Margaret, all of whom died young. 4. Mary, married, first, in April 1674, to Charles, Earl of Mar (cf. vol. v. p. 627) ; and secondly, 29 April 1697, to ColonelJohnErskine,son of Sir Charles Erskine of Alva. III. GEORGE, third Earl of Panmure, was a Privy Coun- cillor to King Charles n. and James vii. He was served heir to his father 16 May 1671, and died 1 February 1686, without surviving issue: * though he was as moderate a man as many in Scotland, yet it was after drinking he fell in that feaver whereof he died.'1 He married (contract 6 December 1677) Jean Fleming, daughter of John, Earl of Wigtown, cousin of his brother Harry's wife. She died in April 1683, having had by her husband one child, 1. George, who died an infant. IV. JAMES, fourth Earl of Panmure, succeeded his brother. Before his accession to the title he was known as 1 Red Book of Grandtully, ii. 281. MAULB, EARL PANMURE 25 James Maule of Ballumbie. He had as a young man travelled abroad and had served as a volunteer at the siege of Luxembourg. He was a Privy Councillor of King James vii., but while he was a staunch supporter of the Stewarts he was an equally staunch Protestant, and was removed from the Council along with Lord Dundonald by special order of the King, 10 March 1687, for opposing the abrogation of the penal laws against Roman Catholics.1 This, however, did not lessen his loyalty to the reigning dynasty, and when the Crown was finally settled on King William and Queen Mary he refused to take the oaths, and never again sat in Parliament. He strongly opposed the Union, and when the rising of 1715 took place he was a firm and influential supporter of the Jacobite cause. He proclaimed ' the King ' at the Market Cross of Brechin, and served still more actively for that cause in which he believed with all his heart. He was taken prisoner at the battle of Sheriffmuir, but was rescued by his brother Harry (see ante, p. 22). He entertained the Chevalier at Brechin Castle on 2 January 1716, and followed that unfortunate Prince to France a little later. He was accused of high treason, and his honours and estates, which had only shortly before been largely added to by the purchase of the lands of Edzell, Glenesk, and Lethnot, were forfeited to the Crown. The Earl travelled in Italy during 1717 and 1718, but was back in France in 1719, when he was joined by Lady Panmure. Meanwhile the estates had been put up for sale, and after an unsuccessful attempt to purchase them on behalf of the family, were bought by the York Buildings Company for £60,400, the rental being £3168. They were the largest of all the confiscated properties. It is said that the restitution of the estates was offered to him if he would return and take the oath of allegiance to the house of Hanover, but he refused.2 They were ultimately purchased (with the exception of the barony of Belhelvie in Aberdeen) from the York Buildings Company by William, Earl of Panmure of Forth (see ante, p. 23), for £49,157, and were settled by him as before mentioned. 1 Reg. de Panmure, ii. 344. 2 Ibid., i. p. Ixiii. 26 MAULE, EARL PANMURE Lord Panmure took much interest in historical and genea- logical pursuits, and when residing in France made, along with his nephew James, considerable research into the early history of his family, and not the least interesting of his discoveries was the fact that a barony of Panmure formed part of the possessions of the French Maules as well as of the Scottish family. The circumstance may be traced to an early intercourse between the families, maintained at all events till after the marriage of Sir Peter with the heiress of de Valoniis, when the Scottish barony of Pan- mure became a Maule inheritance.1 The Earl died s. p. at Paris 22 April 1723.1 He married (contract 5 February 1687) Margaret, youngest daughter of William, Duke of Hamilton, and Anne, Duchess of Hamilton. She was a capable and energetic woman, devoted to the interests of the Maule family. She got a ninety-nine years' lease of Panmure House and the policies from the York Buildings Company in 1724, and Mr. Harry Maule, her brother-in-law, got a similar lease of Brechin Castle to run from the expiry of the Countess's liferents. Ulti- mately, as has been above mentioned, the estates were recovered for the family by William Maule in 1764. The Countess also, amongst other lands, purchased, in December 1724, the barony of Redcastle or Inverkeillor.3 Till near the end of her life she appears to have been quite a leader in society, as her name appears as one of the directors of the Edinburgh Assembly in an advertisement of 15 February 1728, recommending all ladies and gentlemen to come to the assemblies twice a year dressed entirely in the manu- factures of the country, and that ' at all times thereafter no linen or lace be worn in this assembly but what shall be made in great Britain.' Lady Panmure died at Edinburgh 6 December 1731.4 CREATIONS. — Earl of Panmure, Lord Brechin and Navar, 3 August 1646, in the Peerage of Scotland ; Earl of Pan- mure of Forth and Viscount Maule of Whitechurch, 6 April 1743, in the Peerage of Ireland ; Lord Panmure of Brechin and Navar, in the Peerage of the United Kingdom, 10 Sep- tember 1831. 1 Reg. de Panmure, i. Ixi. 2 Ibid. 3 Ibid., Ixviii. ; ii. 358. * Fun. Entry, Lyon Office. MAULB, EARL PANMURE 27 ARMS (recorded in Lyon Register). — Parted per pale argent and gules, eight escallops counterchanged. In the Register the words * a bordure [charged with],' after gules, have been deleted, but as a matter of fact the fashion in which the arms have invariably been blaz- oned, and in which they are given by Sir David Lindsay, is parted per pale argent and gules, a bordure charged with eight escallops all counterchanged of the same. Lindsay, however, only gives six escallops. In addition to the Maule coat in the first and fourth quarters of the shield Nisbet gives the following additional quarters : 2nd, three pallets wavy gules, for de Valoniis ; 3rd grand- quarter counterquartered, 1st and 4th, azure, a chevron between three crosses patee argent, for Barclay ; 2nd and 3rd, or, three piles issuing from the chief conjoined in point gules, for Brechin. CREST. — A dragon sable,1 spouting out fire at mouth and tail. SUPPORTERS. — Two greyhounds argent, collared gules, the collars charged with escallops argent.2 MOTTOES. — The Register gives dementia tecta rigor e, but proceeds to mention the successive alterations, viz. C'wro, Pwgno, Parco : dementia et animis ; and In est dementia forti. [J. B. P.] 1 Nisbet gives it vert. 2 The Register says that the collars are ' usually ' charged with escallops, but does not give absolute official sanction to the practice. Sir George Mackenzie (Heraldry, 95) says the Earl of Panmure changed his old supporters (savages) to two greyhounds because he was first noticed by King James upon the occasion of his entertaining him with excellent sport on the moor of Monrowman (Manroben). DRUMMOND, EARL OF PERTH AURIOE, a Hungarian of noble birth, who com- manded the Dromond, or ship in which Edgar the Atheling, his sister Mar- garet, and other royal exiles were driven by tempest up the Firth of Forth, in or about 1067, was, according to the tradition of the Drum- mond family, their origi- nal ancestor in Scot- land. He was, it is said, rewarded by large gifts of lands chiefly in the shires of Dumbarton and Stirling, and the district of Lennox. Such is the tradition, qualified by the suggestion that the surname was adopted at a later date from the lands of Drymen or Drummane in the Lennox, or from lands of a similar name in Strathearn. This last view commends itself to most genealogists, who also agree to consider that the first recorded ancestor of the Drummond family is MALCOLM, called Malcolm Beg, who is styled in one writ Seneschal or Steward to Maldowen, Earl of Lennox,1 and who appears as a witness to various charters of that Earl between 1225 and 1250.2 It may be noted that in all the Drummond family histories Malcolm Beg is said to have had 1 Liber de Calchou, i. 181. 2 The Lennox, by Sir W. Eraser, ii. 4, facsimile ; Cartularium de Levenax, 13, etper Indicem. DRUMMOND, EARL OF PERTH 29 a brother Roderick. In 1234, Malcolm Beg gives evidence as to the ownership of the lands of Monachkennaran, and there his brother Rotheric is also a witness, but if it is the same Malcolm Beg, and there is nothing to disprove it, though it is doubtful, it is remarkable that his brother is styled Rotheric Beg of Oarrick,1 thus suggesting that they were both of Ayrshire descent. Malcolm Beg is said to have left two sons : — 1. MALCOLM, who succeeded. 2. John, who appears as son of Malcolm Beg in a charter by Maldowen, Earl of Lennox, before August 1248.2 It was probably he who was taken prisoner at Dun- bar in 1296, imprisoned at Wisbeach, and liberated to serve in France, Sir Edmund Hastings, who then held the earldom of Menteith, becoming surety for him. He was still alive in May and October 1304,3 when his wife's dower lands, first those in England, then those in Northumberland, were restored, doubt- less as a reward for foreign service. He apparently did not long survive, and his widow erected a monu- ment to him near the high altar of the priory church of Inchmahome. Her Christian name was Elena. Her family name has not been ascertained, but tradition asserts she was the daughter of Walter Stewart, Earl of Menteith, and this is not improbable, as only ' founder's kin ' could have right to bury in such a spot. Through her also, or holding through her lands in the earldom, the three bars wavy of Menteith are blazoned on his shield. The monument bears his name 'Johannes de Dromod ffilius Molqualmi de Dromod,' the rest being imperfect.4 He left issue two daughters, Christian and Margaret, who received from Malcolm, fifth Earl of Lennox, a grant of the lands of Ardeureane and Ardenalochreth, by a charter which is usually said to be about 1290, but is more probably dated between 1304 and 1316.5 MALCOLM, the next in succession, is said to be described 1 Beg. de Passelet, 167, 168. a Cart, de Levenax, 38. 3 Col. Doc. Scot., ii. 400, 416. * Cf. Bed Book of Menteith, i. 6 Cart, de Levenax, 46 ; the witnesses all point to the later date. 30 DRUMMOND, EARL OF PERTH in a charter of 1260 as son of Malcolm Beg.1 He was the first on record to assume the surname of Drummond or Drumman, adapted no doubt from the lands of Drymen or Drumman in Dumbartonshire. He appears as a juror on an inquest before Walter Stewart, Earl of Menteith, on 15 May 1271, 2 and also as a witness to charters by Malcolm, fourth Earl of Lennox, dated at Renfrew and Balloch in 1273 and 1274, and at later but uncertain dates.3 He was probably the Sir Malcolm Drummond who, in 1296, was taken at Dunbar, and apparently again taken prisoner by Sir John Segrave in 1301, to the great joy of King Edward i., and was warded in various English strong- holds.4 In 1301, after his capture, the English King be- stowed some of Sir Malcolm's lands on Sir John Clinton.5 There is no evidence of his release, and being somewhat advanced in years, he probably died a captive. He is said to have married a daughter of Sir Patrick Grahame. He had issue apparently two sons : — 1. Gilbert,6 who appears to have been the elder of the two, as he is usually named first when they are named together. He appears in charters by Malcolm, Earl of Lennox, and also in charters by Murdach, Earl of Menteith, between 1318 and 1332, from whom he had a charter of the lands of Wester Boquhapple, to him- self, his wife, and his four daughters, no sons being 1 So in Douglas's Peerage, both editions, but the reference given does not bear out the statement. 2 Red Book of Menteith, ii. 218. 3 Cart, de Levenax, 15, 16, 84, 86. 4 Cal. Doc. Scot., ii. 177, Nos. 985, 1099, 1158, 1326, 1610 ; cf. iv. 448. 5 Dugdale's Baronage, i. 530. « It is not clear whether it is this Gilbert "who as ' Gilbert de Dromond del Counte de Dunbretane' did homage to Edward i. in 1296. The device impressed on his shield is ' two triangles interlaced ' ; Cal. Doc. Scot., ii. 558. The family pedigrees assign to Gilbert a son Malcolm who is said to have had a son Bryce Drummond, who is alleged to have been slain by the Menteiths in 1330, for which solatium was given in 1360. Apart from the fact that this genealogy is somewhat crowded, and also that Gilbert had apparently no sons, it does not appear from the agreement of 1360, afterwards cited, that Bryce who was slain was a Drummond ; Red Book of Menteith, ii. 239 n. He was a procurator, probably some notary or agent. In the pedigrees also Gilbert is said to have had a brother Thomas, who gifted the church of Balfron to the monks of Inchaffray. But this is founded on a misreading. The laird of Balfron was not Thomas Drummond, but Thomas de Crommenane, of an old Lennox family, and who died about 1320, leaving no male heirs ; Charters of Inchaffray, Scot. Hist. Soc., 294 ; Cart, de Levenax, 82, 83. DRUMMOND, EARL OP PERTH 31 named.1 He was, not improbably, killed at Dupplin on 12 August 1332, as he cannot be traced beyond that date. It would appear from the charter of Boquhapple that his wife's name was Matilda, and that his children were Ellen, Elizabeth, Johanna, and Anndbella. 2. MALCOLM. MALCOLM, who appears on various occasions as a witness to charters by Malcolm, fifth Earl of Lennox, and also by Murdach, Earl of Menteith, between 1310 and 1332.2 He is stated in a charter by King Robert Bruce, of uncertain date, but between 1315 and 1321, to have resigned the lands of Auchindonan, co. Dumbarton, in favour of Sir Malcolm Fleming.3 That is nearly all that is recorded of him. The family histories state that in 1334 King Edward in. gave a grant of his lands to Sir John Clinton, but that is a misdating of the grant of 1301 already cited/ He had a charter from King David n. about 1346, of the lands of Tulliecravan and Dronan, co. Perth. Malcolm, or Sir Malcolm, as he is sometimes called, is said to have died about 1346, or soon after, but nothing certain has been ascertained. His chief memorial is that he was the father of Margaret Drummond, the second wife of King David n., through whose influence it is believed that her family first rose to a prominent position. Sir Malcolm had, so far as known, two sons and a daughter : — 1. JOHN, who succeeded. 2. Maurice, who is designed brother of John in the agree- ment with the Menteiths, to be referred to later on. He had as * son of Malcolm Drummond ' a grant of the office of Forester of the earldom of Strathearn from Robert Stewart, Earl of Strathearn, and pro- bably about the same time two pieces of land lying in Strathmefray called Dalkelrachy and Serchymare, with the office of Coroner of the earldom and the custody of North Oatkend of Ochtermuthill, to be held blench for one silver penny.5 These charters 1 Red Book of Menteith, ii. 227, facsimile. 2 Ibid., 30, 39, 43, 46, 81, 227- 230. 3 Reg. Mag. Sig., fol. vol. 16. 4 There was no Sir John Clinton in 1334. 6 Drummond Castle Charters, communicated by Mr. W. A. Lindsay, K.C. 32 DRUMMOND, EARL OF PERTH are without date, but were probably granted between 1358 and 1362. He had also from the Earl a charter of the mains of Drummane and Tulychravin in the earldom of Strathearn, a grant which Lord Strathallan dates in 1362.1 On 2 March 1361-62 he conveyed the lands of Meikleour, which he had from King David n., by resignation of Alan Kinbuck in January 1361-62, to John Mercer, burgess of Perth, a grant confirmed by the King on 17 February. Lord Strathallan states that he was the second Maurice of the family of Ooncraig, and makes the first Maurice the second son of Malcolm Beg.2 But chronology will scarcely admit of this, and it is evident that this Maurice was the son of Malcolm and brother of John Drummond, and was the first of Ooncraig. He is also said to have inherited the offices of Steward of Strathearn, but the charters cited above show that these offices were first bestowed on himself. The date of his death is uncertain, though he was alive in 1368. 3 He married, so far as recorded, Mariota Erskine, daughter, it is said, of Sir Robert Erskine. They had a charter, granted in 1363-64 in their favour by Thomas Bisset of Glasclune, of the lands of Oarn- bady in the barony of Megginch.4 He had also, it is said, an interest in Inveramsay and other lands. He had issue,5 (1) Maurice, who had a charter (between 1380 and 1389) of the office of Steward of Strathearn from David, Earl Palatine of Strathearn.6 He was the ancestor of the Drummonds of Concraig. 3. Margaret, designed by the writer of the Liber Plus- cardensis as daughter of Sir Malcolm Drummond, a noble and very beautiful lady,7 is overlooked entirely by the earlier historians of her family. She married, 1 Red Book of Menteith, ii. 249. 2 The Rev. D. Malcolm, however, places Maurice in his proper generation. 3 Acta Parl. Scot., i. 528-530. 4 Drummond Castle Charters. Lord Strathallan gives the date of this charter as 1372, but this refers to an ' inspeximus ' of it by Thomas, Earl of Mar. The true date is given in the text, Sir Robert Erskine, Chamber- lain, being a witness, which fixes the year. 5 John Drummond of Con- craig, husband of Margaret, Countess of Menteith, may also have been a son of Maurice, but this is not certain. (See page 36 infra.) 6 Red Book of Menteith, ii. 276. 7 Liber Pluscardensis, i. 307. DRUMMOND, EARL OF PERTH 33 first, John Logie of that Ilk, and had by him a son, also named John. But in the end of 1362, or begin- ning of 1363, she became the mistress of King David ii., and apparently before October 1363, and certainly before the following February, he made her his wife, at Inchmurdoch.1 Bower, who uses her as a text to preach on the wickedness of women, also styles her ' a very beautiful dame.' 2 It was after the dates named that the King bestowed lands on the Drummonds. As is well known, she was divorced (it is thought about 20 March 1369-70), from the King, who granted her a yearly pension of £100 to be paid after the divorce,3 but she appealed to the Papal court at Avignon. It is stated by the writer of the Liber Pluscardensis that the divorce was obtained on the ground that she was believed to be guilty of trying to foist a false heir on the kingdom.4 But this seems scarcely a good ground for divorce, and perhaps owing to the weakness of this plea, as well as to her own determination and charm of person, she succeeded in having the divorce annulled. This was apparently after King David's death, and the various Papal * sentences,' for there were several,, in her favour, seriously disturbed the mind of Scot- land. The ' sentences ' insisted on her reinstatement and the restoration of her lands, goods, and money, the latter stated at 8000 gold nobles, jewels, and gold and silver plate, her moveable goods being estimated at the value of 60,000 gold florins.5 It may be said that the Scottish divorce was never recog- nised by the English king, who granted various safe- conducts to her as queen and widow of King David n. This fact added to the excitement in Scotland, because, according to the chronicler, if she had lived an interdict would have been laid on Scotland for resisting the Papal decrees, and the King of Eng- land, then a widower^ would have married her.8 She 1 Exch. Rolls, ii. 183 ; Rot. Scotice, i. 881. 2 Fordun a GoodaU, ii. 380. 3 Exch. Rolls, ii. 345. 4 Liber Pluscardensis, i. 307. 5 Col. Papal Letters, iv. per indicem, also Reg. Avenionensis, 192, fol. 344, transcript in Gen- Beg. Ho. 6 Liber Pluscardensis, i. 307. VOL. VII. C 34 DRUMMOND, EARL OF PERTH was apparently alive on 31 January 1374-75,1 but died soon after, on her way to Rome say some, on her return say others, and so suddenly disappears from history. JOHN DRUMMOND, who succeeded to Malcolm, does not appear much on record. He is named as receiving a grant (probably about 1357 or 1358) of the office of bailiary of the Abthanery of Dull, but the first certain reference to him is in the agreement, frequently referred to, made on the banks of the Forth on 17 May 1360 between him, his brother Maurice, and Walter Moray2 on one side, and John and Alexander Menteith on the other part. There had been a blood-feud between the Drummonds and the Menteiths for some years, and three Menteiths at least had been killed. Lord Strathallan in his history says this feud arose out of a disputed claim to the earldom of Lennox, but there is no foundation for the statement he makes, as the descent of the earldom had hitherto gone from father to son. It is also said that * Bryce the procurator,' who was slain in the feud, was a Drummond, and that his death took place in 1330. But there is no clear corroborative proof of these statements, and any evidence bearing on the matter tends to show that the quarrel had begun not much more than ten years before, if then. Now, however, it was, at the instance of King David, who is referred to in various cases as a peace-maker amongst his subjects, composed and settled. In brief, the parties agreed to dismiss all rancour against each other, but John Drummond was obliged to give up the lands of Roseneath in the Lennox as a compensation to the Menteiths. These lands, however, were not an ancient possession, as asserted by the family historians, but had been only recently granted to him by Mary, Countess of Menteith. John Drummond also promised 1 RiddelTs Law of Scottish Peerages, ii. 982-987. 2 It is not stated who this Walter Moray was. According to the Rev. D. Malcolm he was Walter Moray of Tullibardine, but not improbably he was Walter Moray, uncle of Joanna Moray, wife of Thomas Moray of Both well, to whom she granted certain lands in Forfarshire. (Cf. Laing Charters, No. 379.) He was therefore brother to Maurice Moray, some time Earl of Strath- earn. DRUMMOND, EARL OP PERTH 35 that the murderers of Bryce the procurator should not be troubled by him, leaving it open to others of his kin to avenge his death.1 Other arrangements included the Campbells of Argyll in the truce with Drummond, but further details are unnecessary here.2 Roseneath was given up to Alexander Menteith, as appears from a charter of confirmation by King Robert n. of date 30 March 1372.3 There is nothing further recorded regarding John Drum- mond, and there is reason to believe he died not long after the above agreement. He is, however, named in a charter by King David ii., gran ting to him all the lands which belonged to Mary de Montefixo, eldest daughter and heir of William de Monteflxo, or Monteflchet, knight, lying in the sherifldoms of Perth and Stirling, which she resigned at Dumbarton. The writ is dated at Dumbarton 21 February 1366-67.4 But it is doubtful if this date is correct. Lord Strathallan states that the lands resigned by Mary de Monteflchet were Auchterarder, Oargill, and Kincardine. She was the eldest of three daughters, co-heiresses of Sir William Monteflchet, and Lord Strathallan affirms that King David, in dividing their father's estate among his daughters, gave her the greatest share, while on account of their adherence to the English interest, her sisters, Devorgilla or Dornagilla, and Mar- garet, were forfeited, and their possessions were given to Duncan and William Napier and to Hew Danielston, which gifts, according to Lord Strathallan, were dated at Dum- barton in 1366.5 This appears to corroborate the charter cited, but an examination of the evidence shows that the grant to William Napier on Devorgilla's forfeiture was made on 3 May 1358,6 while the charter to Danielston appears with others dated about 1345, and that to Duncan Napier is side by side with a writ of 1341. 7 There is also a note of the grant to John Drummond of Mary Monteflchet's lands, along with other charters dated about 1345.8 There 1 This seems to imply that Bryce was a kinsman, but not necessarily that he was a Drummond. 2 See the full agreement in Red Book of Menteith, ii. 239, etc. ; cf. i. 109-113 ; cf. also The Priory of Inchmahome, by Mr. M'Gregor Stirling, 121-136, with translation. 3 Reg. Mag. Sig., fol. vol. 113, No. 3. 4 Note of Charter at Drummond Castle. 6 Genealogy of the House of Drummond, 69. 6 Robertson's Index, 61, 3 ; Haddington Coll. " Robertson's Index, 59, 1 ; 47, 27. 8 Ibid., 33, 31. 36 DRUMMOND, EARL OF PERTH is therefore a strong presumption that the division of lands indicated by Lord Strathallan took place much earlier than 1366. Further evidence tends to the same result. Auch- terarder belonged to the Monteflchets, and so also did Oargill,1 which, according to the writ of 1366, were only resigned in that year. Yet on 30 April 1364 King David 11. granted to Malcolm Drummond (son of John) the services of the free tenants of the baronies of Oargill and Auchter- arder in Perthshire, and of Kincardine, co. Stirling.2 This implies that these lands were then already in Malcolm's possession, and that the Orown now granted him the superiority. In such case the resignation of the lands by Mary Montefichet must have been made much earlier, pro- bably about or before 1345, and the grant of 1366, if correctly dated, must have been a repetition. Later, in 1368, Stobhall, Oargill, and Kinloch are said to be in Malcolm's hands by grant of Queen Margaret,3 which led the late Dr. Burnett to assume that they came to her family through her. It is evident, however, that though she may have had some interest in the lands, they were held by the Drummonds on a separate title. If, as appears, this writ of 1366 is misdated, there is no evidence that John Drummond lived long after 1360, and his name has certainly not been discovered in any writ or record between these dates, a fact somewhat strange when we consider that his sister had become Queen, and that his brother Maurice and his son Malcolm are named more than once. He is usually said to have died in 1373, but no evidence has been found that he survived till then. He is said to have married Mary Montefichet, the eldest daughter of Sir William Montefichet of Auchterarder and Oargill, and this seems probable, though there is no direct evidence. Also, as he apparently died before 1361, it is not improbable that Sir William Fraser is right in identifying him as the John Drummond of Ooncraig who married, about 1359, Margaret, Countess of Menteith, and who died before September 1361. There is no certain evidence, and, as 1 Robertson's Index, 19, No. 96 ; cf . Charter of Cargill by King William the Lion to Richard de Montefichet, between 1189 and 1196. Copy in Gen. Reg. Ho. 2 Drummond Charter ; copy in Gen. Reg. Ho. 3 Exch. Rolls, ii. 298. DRUMMOND, EARL OF PERTH 37 already indicated, they may be different men, uncle and nephew. John Drummond had issue : — 1. MALCOLM, who succeeded. 2. JOHN, who succeeded his brother and carried on the family. 3. Anndbella^1 who is commemorated as of great beauty. She was married (in terms of a papal dispensation, dated 13 March 1365-66 2) to John Stewart of Kyle, afterwards King Robert in. She was crowned as Queen on 15 August 1390, and she died at Scone in the autumn of 1401, and was buried at Dunfermline. The family pedigrees assign to John Drummond another son William Drummond, who is said to be the ancestor of the Drummonds of Oarnock by his alleged wife Elizabeth Airth, one of the three heiresses of Sir William Airth of Plane, Stirlingshire. But what is known of Elizabeth Airth will scarcely admit of her husband being placed in this generation. She was a widow in 1449, but was afterwards married to Thomas, son of Lord Somerville, and they had a charter of the lands of Enrequisnequarter, Craigsquarter, Millsquarter in the barony of Plane, also of seven parts of that barony, Oarnock, Gloret, and Fordel, on 27 February 1449-50, which Elizabeth resigned in her widowhood. She had a son and heir, David Somerville, and was still alive on 7 April 1511.3 But in 1466 a David Drummond had a sasine from the Grown of Oarnock, and the other lands above named.4 He may have been Elizabeth's son by a first marriage, but he could scarcely have been the son of a man who must have been born more than one hundred years before. SIR MALCOLM DRUMMOND, who succeeded, is first referred to in a charter by King David n. dated 30 April 1364, granting to him the services of the free tenants of the baronies of Oargill and Auchterarder in Perthshire, and of 1 She is the only daughter given in the pedigrees who can be substanti- ated. The others are disproved by evidence. 2 Copy in Gen. Reg. Ho. 3 Bruces of Airth, etc., by Major W. B. Armstrong, 2, 3, and 6-8, where the whole writs are set forth. * Exch. Rolls, ix. 671. 38 DRUMMOND, EARL OF PERTH Kincardine, co. Stirling.1 In 1367 he had the rents of Kinloch, co. Perth, in his hands, and in 1368 Stobhall, Oargill, and Kinloch were in his possession by gift, it is said, of Queen Margaret.2 He was at one time known as Sir Malcolm Drummond of Strathurd, and is so described, among other writs, in a charter by John, Earl of Oarrick, liis brother-in-law, confirming a pension of £40 yearly from the royal coffers, of uncertain date, but between 1385 and 1390.3 In 1385 he received 400 frs. d'or as his share of the money sent in that year by the King of France to be dis- tributed among the Scottish nobles.4 He accompanied his brother-in-law, James, Earl of Douglas, on his last expedi- tion, and fought bravely at the battle of Otterburn, where he aided in the taking of Sir Ralph Percy.5 In the Parlia- ment of 1389, the Chancellor was censured for delivering letters of sasine to Sir Malcolm of the Forest of Selkirk, and these were annulled. It was also declared that though the King had granted to him the office of Sheriff of Rox- burgh, the King had power to depute another to the office. There were various complaints against Sir Malcolm in this Parliament, and when called to answer them he pleaded that he was afraid to appear at the risk of injury if he came personally. He craved a safe-conduct from Robert, Earl of Fife, the Guardian of the Kingdom.6 On 10 November 1390 he received licence from his brother- in-law King Robert in. to build a fortalice on the lands of Kyndrocht or Braemar.7 He entered into an agreement with Sir John Swinton affecting the earldom of Mar, but this was strongly protested against by Sir Thomas Erskine on 18 March 1390-91, and the matter was afterwards arranged in the interest of Sir Thomas and his wife, the latter being heiress to the earldom in succession to the wife of Sir Malcolm.8 Sir Malcolm, no doubt owing to his connection with the royal family, received many gifts of pensions and annuities, the particulars of which may be gathered from the Exchequer Rolls,* and these 1 Copy Transumpt in Gen. Reg. Ho. 2 Acta Parl. Scot., i. 528, 530; Exch. Rolls, ii. 298. 3 Charters at Drummond Castle. 4 Rymer's Fcedera, vii. 485. 6 Cf. Robertson's Index, 138, No. 19. 6 Acta Parl. Scot., i. 557. 7 Antiq. Aberdeen and Banff, iv. 162. 8 Acta Parl. Scot., i. 578; vol. v. of this work, 586, 598. 9 Vol. iii. passim. DRUMMOND, EARL OF PERTH 39 were paid up to the year 1402 when he died. His death was the result of an outrage on the part of a gang of marauders, who by stratagem made him prisoner, and con- fined him so closely and rigorously that he died in prison before or about November 1402.1 This outrage is said to have been committed under the direction of Alexander Stewart, son of Alexander, Earl of Buchan, but while this is possible, there is no evidence whatever on the subject. Sir Malcolm married, some time before July 1388, Isa- bella, daughter of William, Earl of Douglas and Mar, and sister of the hero of Otterburn. Through her he became Lord of Mar. He is never styled Earl in authentic record. She survived him and married, secondly, Alexander Stewart. (See title Mar.) SIR JOHN, who succeeded his brother Sir Malcolm, is generally described as of Oargill or Stobhall. He was Justiciar of Scotland in 1391. He made a grant of the lands of Ochtertyre to Sir John Forrester of Oorstorphine and his wife, which was confirmed by the Duke of Albany 13 March 1407-8, and by James I. 10 July 1424.2 He had a safe-conduct into England to meet his nephew James I. at Durham 3 February 1423-24.3 He is said to have received the Bailiary of the Abthanery of Dull from the King. He died in 1428, having married Elizabeth, daughter of Henry St. Glair, Earl of Orkney. On 13 May 1396 Sir John and his wife Elizabeth made a renunciation on behalf of themselves and their heirs in favour of Henry, Earl of Orkney ' pater noster,' in respect of claims to the Earl's lands, * infra regnum Norvagie.' They had issue : — 1. SIR WALTER, who succeeded. 2. Robert. 3. Elizabeth, said to have been married to Kinnaird of Kinnaird. SIR WALTER of Stobhall and Cargill was knighted by James n., and died in 1455. It is said by the family his- 1 Wyntoun's Cronykil, Book ix. cap. xxiii; Antiq. Aberdeen and Banff, ii. 9, 10, writ of 8 November 1402. - Reg. Mag. Sig., fol. vol. 232, and at date. 3 Cal. of Docs., iv. 942. 40 DRUMMOND, EARL OF PERTH toriographers that he married Margaret, daughter, accord- ing to one account,1 of Sir Patrick, and according to another,2 of Sir William Ruthven of that Ilk, but no proof has been found of this.3 They are stated to have had issue : — 1. MALCOLM, who succeeded. 2. John, Dean of Dunblane, styled the uncle of the first Lord Drummond.4 After the death of his brother Malcolm he was tutor to his nephew John, and wit- nesses a sasine as such in 1478.5 3. Walter of Ladecrief. Lord Strathallan6 states that there was a charter of the lands of Ladecrief granted by John, Lord Drummond, in 1486, to Walter, whom he styled his dearest uncle. He was the progenitor of the Drummonds of Blair. SIR MALCOLM of Stobhall and Oargill. Not much is known as to this laird, but he married (contract 14 July 1445) Marion, daughter of Sir David Murray of Tullibardine.7 He died in 1470, leaving issue : — 1. JOHN, afterwards Lord Drummond. 2. Walter of Deanston, rector of St. Andrews University, Chancellor of Dunkeld in 1493,8 Dean of Dunblane in the following year,9 and Lord Clerk Register and Clerk to the Privy Council. 3. James of Coldoch, ancestor of the families of Gorry- vauchter, Kildees, and others. 4. Thomas of Drummondernoch. He is said to have married a daughter of Scot of Monzie.10 5. Andrew. He got from his father the lands of Smiths- ton in the barony of Oargill.11 SIR JOHN Drummond of Cargill and Stobhall succeeded his father in 1470. On 20 March 1473-74 he had a grant of the offices of Steward, Coroner, and Forester of the earldom of Strathearn on the resignation of Maurice Drummond.12 1 Genealogy of House of Drummond, 111. 2 Malcolm's Memoir, 44. 3 Cf. iv. 257. * Reg. Mag. Sig., 8 January 1509-10. 5 Genealogy of House of Drummond, 112. 6 Ibid., 113. * Nisbet's Heraldry, ii. 188. 8 Reg. Mag. Sig., 11 May 1497. • Ibid., 20 July 1497. 10 Gen. Hist., 122. 11 Ibid., 134. i2 Reg. Mag. Sig. 41 On 3 February 1482-83 he had a charter, along with his wife, of the lands of Auchterarder and others, co. Perth, and Argeth and Smithston, co. Forfar, on his own resigna- tion,1 and on 8 August 1485 he purchased from Alexander Bruce of Kendrick the lands of Classingallis in Strathearn.2 He had been appointed in the previous year one of a com- mission to negotiate a marriage between King James's eldest son and Lady Anne de la Pole, the niece of Richard HI., and daughter of the Duke of Suffolk 3 ; at the same time the commissioners concluded a treaty of peace between England and Scotland for three years/ He was, on 29 January 1487-88, created a Lord of Parliament under the title of LORD DRUMMOND.5 He was one of the rebel lords who supported the party of King James iv. against his father, and on 11 October 1490 he attacked the camp of the forces led by the Earl of Lennox and Lord Lyle at Gartalunane, near Aberfoyle, and completely defeated them.6 On 25 July 1493 he had a grant from the King as * consiliarius suus ' of the lands of Dalchonzie and others in Strathearn,7 and another on 31 January 1495-96 of the lordship of Drummond in Menteith.8 He had many other grants of land from the King, who highly appreciated the services he had rendered him.9 In the following reign he was not so fortunate ; he was a strong supporter of the marriage between his grandson Archibald, sixth Earl of Angus and Queen Margaret, the widow of King James iv., and his nephew, the Dean of Dunblane, solemnized it in the Church of Kinsale on 6 August 1514. The marriage was very unpopular, and hardly a year had passed before Drum- mond was warded in the Castle of Blackness on the charge of advising that Henry vin. should be constituted Protector of Scotland and have the care of the young King.10 A few days afterwards there was another accusation because he ' waffed his slief at ane harralde and gave him upon the breist with his hand.' The ' harralde ' was Sir William Cumming of Inverallochy, Lyon King of Arms, to whom he gave a blow for what he thought disrespectful conduct. 1 Reg. Mag. Sig. 2 Ibid., 10 August 1485. 3 Cal. of Docs., iv. 1501, 1502. * Ibid., 1505. 5 Acta Parl. Scot., ii. 181. 6 Buchanan, Her. Scotic. Hist., lib. xiii. c. 5. 7 Reg. Mag. Sig. 8 Ibid. 9 Ibid., passim. 10 Letters and Papers, etc., Henry VIII., ii. Nos. 704, 779, 1830. 42 DRUMMOND, EARL OF PERTH The consequence was that not only was he imprisoned, but his estates were forfeited, and it was only on the urgent representations of the Queen and the Estates of Parliament that he was pardoned and restored the following year.1 Lord Drummond did not live long after this, dying, at the age of eighty-one, at Drummond Castle. He was buried, in 1519,2 at the church of Innerpeffray, to which he had mortified an annualrent of forty merks from his lands there, for the souls of the King and Queen, of himself, his wife, and their daughter Margaret, and for the support of four chaplainries.3 He married Elizabeth Lindsay, said to have been a daughter of Alexander, fourth Earl of Craw- ford. She was living in 1509.4 They had issue : — 1. Malcolm, who died vita patris without issue. 2. Sir William, Master of Drummond. He first appears on record as a witness to a charter by Gilbert Scot of Monzie of 16 August 1488.6 He had along with his wife Marjory a charter of the lands of Oolacht and others in Menteith 14 June 1493 ; 8 and another along with his wife Mariota Forrester of the same lands 27 March 1502-3.7 He had a quarrel with the Murrays in connection with estimating the teinds of the Drummond lands in Monzievaird on behalf of the abbots of Inchaffray. Going along with Duncan Campbell of Dunstaffnage, who had an account of his own to settle with them, to oppose the Murrays, the latter retired to the church of Monzievaird. The Drummonds, satisfied with this, were marching off, when a shot from the church killed one of the Dun- staffnage men, whereupon they returned, set fire to the church, and burned about a score of persons, including seven Murrays.8 The chief offenders were brought to trial on 21 October 1490, and some of the most guilty of them executed.9 It has generally been said that William, Master of Drummond, shared this fate. But it is clearly proved by the 1 Acta Part. Scot., ii. 284, 393. 2 Genealogical History of House of Drummond. 3 Reg. Mag. Sig., 4 February 1576. * Ibid., 8 January 1509-10. 5 Ibid., 26 January 1488-89. • Ibid. 7 Ibid. » See authorities in Scottish Historical Review i. 218, 219; Pitscottie, Scot. Text Soc., i. 237 makes the number ' sex scoir.' 9 Treasurer's Accounts, i. 170. DRUMMOND, EARL OP PERTH 43 charter to Sir William Drummond, 'son and heir- apparent of John, Lord Drummond,' of 21 March 1502-3, above mentioned, that he was alive long after his supposed execution. It is more probable that Pitscottie is perfectly correct when he says that it was David Drummond who met this fate, a younger son of Lord Drummond.1 The Master of Drummond died between July 1503 and July 1504.2 He is said to have married, first, Isobel Campbell, second daughter of Colin, first Earl of Argyll, in implement of an agreement between the parents of the parties that the eldest Drummond son should marry the eldest daughter of the Earl.3 The eldest son having died young, William accord- ingly took his place. Isobel Campbell's name, how- ever, does not occur on record as Sir William Drummond's wife. If the marriage took place she must have died before 1493, when, as above stated, he got a charter of lands along with a lady whose Christian name was Marjory. It is possible that Marjory is only another form of the Christian name of Mariota Forrester, with whom he got a con- firmation of the same lands on 21 March 1502-1503. She was a daughter of Archibald Forrester of Cor- storphine, and after the death of the Master she was married, secondly, before 1507-8, to Sir James Sandilands of Calder.4 The Master of Drummond had issue by his wives : — (1) WALTER. He died in 1518, in the lifetime of his grandfather, and was buried at Innerpeffray. He married, in February 1513-14, his cousin, Elizabeth, daughter of William, first Earl of Montrose,5 and had by her a son, i. DAVID, who succeeded his great-grandfather as second Lord Drummond. (2) Andrew of Ballyclone, who appears as a substitute in an entail by his nephew, David, 25 October 1542, under the designation of ' servitor regis.' 6 He is said to have married 1 Exch. Rolls, x. li. 2 Ibid., xii. 209, 629. 3 Drummond's Noble Families. 4 Acta Dom. Cone., xix. 167, 168 ; Acts and Decreets, xvi. 343. 5 Drummond Castle Writs. 6 Reg. Mag. Sig. 44 DRUMMOND, EARL OF PERTH Janet Campbell of the Glenorquhy family, but there is no proof of this. (3) John, only son by Mariota Forrester. He succeeded, along with his mother, to his father's holdings of half For- dew aud others in January 1502-3. l He married a lady whose Christian name was Isabella, with whom he had a lease of the lands of Duntarf in 1510. 2 These lands were assigned by the King, on their resignation, to Mr. Peter Scott of Monzie, 1 January 1534-35,3 when John is styled of Cultechaldich. (4) Possibly Henry, who is styled nepos of Lord Drummond in a charter of 4 March 1535-36. He married Janet Crichton, daughter and heir of Henry Crichton of Riccarton.4 3. David, executed at Stirling, as above mentioned, in October 1490. 4. Sir John, of Innerpeffray, said to have married, first, the daughter of his uncle, James Drummond of Ooldoch, and, secondly, Eliza Douglas of Lochleven, but there is no proof of this. He had a son, (1) John, who married Margaret Stewart, natural daughter of King James iv. and widow of John, Lord Gordon, eldest son of Alexander, third Earl of Huntly. They had five daughters co-heiresses, one of whom, Agnes, having been married, first, to Sir Hugh Campbell of Loudoun, and, secondly, in 1562, to Hugh, third Earl of Eglinton, married (contract 15 November 1585), as his second wife, her kins- man, Patrick, third Lord Drummond. 5. Margaret, whose tragic fate is a matter of history. A strong attachment took place between her and the Duke of Rothesay, afterwards King James iv. The nobles were not in favour of a third Drummond Queen in the royal family. About 1496 she was living at Stirling under the charge of Sir John and Lady Lundy of that Ilk, then keepers of the Oastle. In October of that year she was removed to Lin- lithgow, and her expenses are mentioned in the Treasurer's Accounts, sometimes under the initials M. D.5 About 1497 she bore a daughter to the King, who was afterwards married to John, Lord Gordon, and then to her kinsman, Sir John Drummond of Innerpeffray. Shortly after April 1502 Margaret Drummond, together with her sisters Euphemia 1 Exch. Polls, xii. 629. » Ibid., xiii. 645. 3 Reg. Mag. Sig. « Ibid., 14 January 1544-45. 6 Treas. A ccounts, per indices. DRUMMOND, EARL OF PERTH 45 and Sibylla, while residing at Drummond Castle, were seized with illness after partaking of food, and died after much suffering, not without strong popular suspicion of poisoning.1 6. Elizabeth, married, first, to Sir David Fleming, eldest son of Malcolm, eldest son of Robert, Lord Fleming.2 He died shortly after the marriage, and she was married, secondly, before March 1487-88, to George Douglas, Master of Angus, with a tocher of 2000 merks.3 Some years after the marriage it was discovered that they were within the forbidden degrees of con- sanguinity, and a dispensation was obtained, 3 December 1495.4 7. Beatrix, usually said to have been married to James Hamilton, first Earl of Arran, but as has been pre- viously shown in this work 5 they were never married, though she had issue by him. 8. Annabella, married in the Parish Church of Muthill, as his first wife, to William, first Earl of Montrose, by whom she had issue.6 9. Eupheme, married, before 5 May 1496, when they had a charter of the barony of Thankerton, to John, fourth Lord Fleming. She was poisoned along with her sisters in 1502. 10. Sibylla, died unmarried in 1502. II. DAVID, second Lord Drummond, was served heir of his great-grandfather, the first Lord, 17 February 1520.7 His kinsman, John Drummond of Innerpeffray, acted as his tutor during his minority,8 though it has also been said 9 that he was a ward of the King, who entrusted him to the care of Robert Barton the Comptroller. He had, along with his wife Margaret Stewart, a charter of Cargill and many other lands in the counties of Perth and Forfar, 5 March 1535-36.10 He had during his life many confirma- tions and grants of these and other lands ; " perhaps the most important charter being one of 25 October 1542 by 1 Exch. Rolls, xii. p. xlviii. 2 Douglas Book, ii. 125. 3 Ibid., 126 n. * Drummond Castle Writs. 6 Cf. vol. iv. 358, 364. 6 Ibid., vt. 225. 7 Family writs quoted by Douglas. 8 Exch. Bolls, xiv. 512. ' Gen. Hist. House of Drummond, 169. 10 Reg. Mag. Sig. u Ibid., passim. 46 DRUMMOND, EARL OF PERTH which certain of his lands were erected into the barony of Drymen, and others into that of Drummond ; they were to be held to himself and the heirs-male of his body or their bodies, whom failing, to John Drummond of Innerpeffray, Andrew Drummond of Ballyclone, Henry Drummond of Riccarton, William Drummond of Smithston, and similar heirs, whom failing, to his own heirs whatsoever. He is said to have taken part in one of the Earl of Angus's expeditions into England in 1545.1 His name is found in the sederunts of the Privy Council for the first time on 15 March 1547-48.2 In the troublous years which followed, Drummond declared for the Queen, and was an attached member of her party. His name, however, does not occur prominently in the events of the time, and four years after Mary's abdication he died, in 1571. Lord Drummond married, first, as above mentioned, a lady of the name of Margaret Stewart, but her parentage has never been satisfactorily ascertained.3 He married, secondly, before 7 December 1543, when they had a charter of Oargill and other lands,4 Lilias, daughter of William, second Lord Ruthven. She survived her husband, and was living 28 September 1577, and possibly on 20 October 1582.5 By his first wife Lord Drummond had issue one daughter, 1. Sibylla, married, as his second wife (charter in imple- ment of marriage-contract, in which she is styled 'sponsa futura,' 25 August 1557 6), to Gilbert Ogilvy, flar of that Ilk. By his second wife he had : — 2. PATRICK, third Lord Drummond. 3. James, created Lord Maderty, ancestor of the Vis- counts of Strathallan. (See that title.) 4. Jean, married, in 1559, to John, third Earl of Montrose. 5. Anne, married, about the end of October 1580,7 to John, seventh Earl of Mar, and died before 1592. 1 Drummond's Noble Families. 2 P. C. Reg., i. 59. 3 It has been stated that she was the daughter of Alexander Stewart, Bishop of Moray, son of the Duke of Albany ; if so, she must have been his second daughter of the name, as another Margaret, undoubtedly his daughter, married Patrick Graham of Inchbrackie and Colin Campbell of Glenurquhie ; cf. vol. i. 153. * Beg. Mag. Sig. 6 Ibid. 6 Ibid. 7 Cf. vol. v. 621. DRUMMOND, EARL OP PERTH 47 6. Lilias, married (contract 11 February 1572) to David, afterwards eleventh Earl of Crawford. 7. Catherine, married, before 20 December 1576, to John Murray, first Earl of Tullibardine.1 8. Mary, married to Sir Archibald Stirling of Keir, and was dead before 1589.2 III. PATRICK, third Lord Drummond, was born about 1551.3 On 8 November 1580 he had a charter from William Drummond of Megour of the lands of Port in Strathearn.4 He appears to have been somewhat weak or, at all events, extravagant, as when he made a very extensive grant of lands to his brother James in 1582 he did so only by the special consent of Sir David Lindsay of Edzell, Henry Drummond of Riccarton, and George Drummond of Balloch, at whose instance he had been interdicted.5 Not much is known of his career : he was abroad in 1602,6 and probably died shortly thereafter. He was by his mother brought up in the Reformed faith. He married, first, Elizabeth Lindsay, daughter of David, ninth Earl of Crawford. She died in May 1585,7 and he married, secondly (contract 15 November 1585), Agnes, daughter and co-heiress of Sir John Drummond of Innerpeffray, and widow of Sir Hugh Campbell of Loudoun and of Hugh, third Earl of Eglinton. She died 21 January 1589-90.8 By his first wife alone he had issue : — 1. JAMES, afterwards first Earl of Perth. 2. JOHN, succeeded his brother as second Earl. 3. Catherine, married, in 1594, as his second wife, to James Leslie, Master of Rothes, who died v.p. March 1607. 4. Lilias, married, probably about 1592,9 as his first wife, to Alexander Seton, afterwards Earl of Dunfermline, and Chancellor. She died at Dalgetty 8 May 1601. 5. Jean, one of the Ladies of the Bedchamber to Queen Anna, the wife of King James vi. She was 1 Cf. vol. i. 469. 2 Fraser's Stirlings of Keir, 45. 3 Present State of the Nobilitie in Scotland, 1 July 1592; S.P.O., xlviii. No. 62. 4 Reg. Mag. Sig., 6 April 1581. 6 Ibid., 3 September 1582. 6 P. C. Beg., vi. 482. 7 Edin. Tests., 13 August 1589. 8 Memorials of the Montgomeries, i. 46 ; Edin. Tests., 13 March 1593-94. 9 Seton's Memoir of Alexander, Earl of Dunfermline, 152. 48 DRUMMOND, EARL OF PERTH married in London, 3 February 1614, to Robert Ker, Lord Roxburghe (charter to him and her as ' sponsa futura,' 29 January 1614 '). She was Governess to the King's children till 1617, when she retired with a grant of £3000 and in 1637 she was granted a pension of £1200.2 She died 7 October 1643. 6. Margaret, married, 28 April 1607, to Alexander, fifth Lord Elphinstone, and was living 1 December 1637.3 7. Anne, married, first, to Patrick Barclay, younger of Towie. He died previous to 1624, and she was mar- ried, secondly, to Andrew Fraser of Muchalls. IV. JAMES, fourth Lord Drummond, was born about 1580, and educated chiefly in France. On his return home he attracted the attention of the King by his manners and accomplishments, and was appointed one of the suite of the Earl of Nottingham on an embassy to the Court of Spain in 1604. He is said to have been created, on 4 March 1605, EARL OF PERTH, with remainder to his heirs-male whatsoever, but the patent is not on record. He sat in Parliament as Earl of Perth in 1608 and 1609,4 and died 18 December 1611, and was buried in the chapel of Seton, East Lothian, where there is an elaborate monument to his memory, with an inscription by William Drummond of Hawthornden. The Earl married, 19 April (contract 5 March 5) 1608, Isabella Seton, daughter of Robert, first Earl of Winton. She, who was born 30 April 1593, was married, secondly, 2 August 1614,6 to Francis Stewart, eldest son of Francis, the attainted Earl of Bothwell.7 By Isabella Seton the Earl had issue : — 1. Jean, a ' vertuous, comely and prudent lady,' was served heir to her father in the lands of Kilvallach 23 March 1632.8 She was married at Seton, 14 Feb- ruary 1632, to John, thirteenth Earl of Sutherland.9 She had the large tocher of 53,000 merks. Her married life was but short, as she died at Seton 29 December 1637. V. JOHN, second Earl of Perth, was educated for seven 1 Reg.Mag.Sig. 2 Complete Peerage. 3 Cf. vol. iii. 541. * Acta Parl. Scot., iv. 403. 6 Reg. Mag. Sig., 12 April 1608. 6 Family of Seton, i. 211. 7 Cf. vol. ii. 173. 8 Retours, Perth, 409. 9 Sutherland Book, i. 277. DRUMMOND, EARL OF PERTH 49 or eight years at the Grammar School of Dunblane, of the education at which he does not speak highly.1 In 1603 he went to France ' on a verie meane allowance,' and spent three years at the University of Bordeaux and one year at Toulouse, returning home by Paris in 1610. He was served heir to his brother 11 March 1612.2 He was admitted a member of the Privy Council 30 April 1616.3 On 20 July 1620 he had a charter of the Templar lands of Lentibbert and others in Strathearn.4 In 1625 the Earl was appointed a member of the reconstituted Privy Council of Scotland, and took the oath of office on 30 March.6 He was also included in the Council nominated by King Charles 31 March 1631. 6 Ten years after, 18 Nov- ember 1641, he was again nominated to the same office.7 On 15 July 1637 he had a grant of the lands of Oampsie and many others, which were erected into the barony of Oampsie.8 He, along with the other members of Council, signed the Confession of 1580 and the Covenant of 1589 in 1638,9 and was appointed to superintend its sub- scription in Perthshire.10 He joined the association on behalf of the King at Oumbernauld in 1641. In 1654, by Cromwell's Act of Grace and Pardon, he was, along with his son Lord Drummond, fined £5000,n a sum which was reduced to £1666,12 but part of that was ultimately remitted on account of his impoverished circumstances.13 On the Restoration, King Charles n. wrote to the Parliament ordering them to report on the losses sustained by the Earl of Perth and his son in the King's service.14 This was accordingly done, and a long report was prepared and pub- lished in the proceedings of Parliament, 18 May 1661. It, stated that the monetary loss which the Drummonds had sustained from devastation of their lands, fines, and various, other causes, amounted on the whole to £154,979, 6s. 8d. Scots.15 It is doubtful whether the old Earl at least ever got any compensation, as he died not long after, on 11 June 1662. He married (contract 4 and 28 August 1613 18) Jean 1 Memoir by himself, Spalding Club Misc., ii. 399. 2 Perth Peerage Case, Minutes of Evidence, 18. 3 P. C. Reg., x. 506. 4 Reg. Mag. Sig. 6 P. C. Reg. 6 Ibid., 2nd ser., iv. 187. 7 Ibid., vii. 142. 8 Reg. Mag. Sig. 9 P. C. Reg., 2nd ser., vii. 71. 10 Ibid., 77. " Ada Parl. Scot., vi. pt. ii. 820. 12 Ibid., 845. 13 Ibid., 890. M Ibid., vii. App. 18. 15 Ibid., vii. 98. 16 Reg. Mag. Sig., 21 November 1613. VOL. VII. D 50 DRUMMOND, EARL OF PERTH Ker, eldest daughter of his brother-in-law, Robert, first Earl of Roxburghe, by his first wife, Margaret Maitland. By her, who died October 1622, he had issue : — 1. Henry, born 1 August 1614, died September 1622. 2. JAMES, third Earl of Perth. 3. Robert. He had a charter 19 April 1620 of half the lands of Auchenchelloch, in Strathearn,1 and died vita patris in France. 4. Sir John of Logiealmond. On 5 March 1673 he matri- culated his arms in the Lyon Register, or, three bars within a bordure wavy gules; crest, a dexter arm from the shoulder holding a broadsword in the hand, proper.2 He died in June, and was buried at Logy 2 July, 1678, having married (contract 18 August 1664) Grizel, third daughter of Sir Thomas Steuart of Grandtully.3 5. William, who succeeded, under the conditions of an entail, his maternal grandfather, as second Earl of Roxburghe. (See that title.) 6. Jean, married, previous to 1 February 1620, when they had a very extensive grant of lands/ to John, Lord Fleming, afterwards Earl of Wigtoun. 7. Lilias, married, as his second wife, at Charlton, Kent, 3 June 1643, to James, Lord Murray of Gask, eldest son of Patrick, Lord Tullibardine. She died before her husband, who married, secondly, another Lilias Drummond, the daughter of Sir James Drummond of Machany. She survived her husband, and married James, fourth Earl of Perth, the grandson of her first husband's first wife's father. VI. JAMES, third Earl of Perth, second but eldest surviv- ing son, was born about 1615. He entered, along with his father, into the association on behalf of Charles I. at Oum- bernauld in 1641. He joined Montrose in August 1645, and was taken prisoner at the battle of Philiphaugh 15 September of the same year. Succeeding his father, he was served heir- male to him in his lands in the counties of Perth and Forfar 1 Reg. Mag. Sig. * Lyon Reg. ; Laing Charters, No. 2703. 3 Red Book of GrandtuMy, i. cxxvi. * Reg. Mag. Sig. DRUMMOND, EARL OF PERTH 51 23 September 1662, and heir-general 27 of the same month. He died 2 June 1675, having married, in October or Novem- ber 1639, Anne Gordon, daughter of George, second Mar- quess of Huntly. She is described by one writer as ' ane preceise puritan,'2 but this seems hardly consistent with the fact stated by her father-in-law, John, Earl of Perth, that she had spent several years at the Court of France, where she was highly esteemed, and that she * was of a lively spirit and naturally disposed for every exercise both of body and mind.' She died 9 January 1656, a few days after the birth of her daughter Anne, and was buried at Innerpeffray 23 January. By her the Earl had issue : — 1. JAMES, fourth Earl of Perth. 2. John, Earl of Melfort. (See that title.) 3. Anne, born 30 December 1655 ; married (contract 1 October 1674 3) to John, twelfth Earl of Erroll. VII. JAMES, fourth Earl of Perth, was born in 1648, and was served heir to his father 1 October 1675.4 As a youth he studied at the University of St. Andrews, and afterwards completed his education in France. On 10 January 5 1678 he was admitted to the Privy Council, and ultimately joined in the opposition to the Duke of Lauderdale, after whose fall he was, on 1 May 1682, appointed Lord Justice-General and one of the Extraordinary Lords of Session 16 November of the same year. He had a ratification of the earldom of Perth in Parliament in 1681,6 and was Sheriff- Principal of the county of Edinburgh, and Governor of the Bass, 16 July 1684. On the resignation of the Great Seal by the Earl of Aberdeen he was made Lord Chancellor of Scotland 23 June 1684.7 On the accession of King James n. he declared himself a Roman Catholic, and had the chief administration of affairs in Scotland put into his hands. Not only so, but many of his near relatives were advanced to high offices in the State. He received a dispensation from taking the Test, and had a gift of £6000 sterling from the King.8 He was created a Knight of the Thistle 29 May 1687, on the institution or revival of that order. He is said to have 1 Retours, Perth, 708; General, 4627. 2 Spalding's History of the Trubles, i. 177. 3 Slains Inventory. 4 Retours, Perth, 880. 5 Red Book of Grandtully, ii. 234. 6 Ada Parl. Scot., viii. 259. 7 Crawford's Lives, 234. * Brunton and Haig's Senators, 416. 52 DRUMMOND, EARL OF PERTH made, 11 October 1687, an entail of his estates, and his eldest son is stated to have had a charter of novodamus 17 November following. He is also stated to have had a new patent creating him Earl of Perth, Lord Drummond, Stob- hall and Montifex with remainder, failing heirs-male of his body and of his brother's body, to the heirs-male of the second Earl, but none of these documents are now extant, if they ever existed.1 But the Earl's fall was near at hand. On the abdication of the King, Perth was persuaded to dis- band almost all the troops that were left in Scotland, and he himself fled from Edinburgh (where the mob afterwards plundered his house) and retired to Drummond Oastle. He then attempted to get to France along with his wife. They left Drummond Oastle by different routes in disguise, and reached Burntisland, where they embarked, but were pursued by a boatful of armed men who captured them. The Earl was thrown into the common prison of Kirkcaldy, from which he was removed to Stirling Oastle, where he was confined four years, not being liberated till 1693. He then went to Holland, and from there to Belgium and Italy ; he was living in Venice in 1695.2 He ultimately settled at St. Germains, and was appointed by James, 19 July 1696, Governor to the Prince of Wales, and one of the Lords of the Bedchamber. He was also created Duke of Perth, Marquess of Drummond, Earl of Stobhall, Viscount Oar- gill, and Baron Ooncraig.3 He also received from King Oharles n. of Spain the Order of the Golden Fleece. After the death of James, in 1701, Louis xiv. confirmed to him the rank and privileges of a French Duke. On 17 October 1701 he was confirmed in his post as Governor to the new titular King, and on 14 February 1703 was appointed Gentleman of the Bedchamber to Queen Mary. He died at St. Germains 11 May 1716, and was buried in the chapel of the Scots Oollege in Paris. On his death the title of Earl of Perth and Lord Drummond should have devolved on his eldest son, but as he was forfeited, he was incapable of succeeding to them.4 1 James Drummond's (Baron Perth) Case, House of Lords, 1794 ; Riddell's Peerage and Consistorial Law, ii. 775 n. 3. 2 Bed Book of Menteith, ii. 445. s Ruvigny's Jacobite Peerage, 146. 4 "Wood, the last editor of Sir Robert Douglas's Peerage, states that the honours thus became dormant, but G. E. C. (Complete Peerage, vi. 237) is of opinion that owing to the attainder of the son they were actually forfeited. DRUMMOND, EARL OF PERTH 53 The Earl married, first, 18 January 1670,1 Jane, daughter of William, first Marquess of Douglas; secondly, Lilias, widow of James, fourth Earl of Tullibardine, and daughter of Sir James Drummond of Machany. She died about 1685, and he married, thirdly, within a few months, Mary, widow of Adam Urquhart of Meldrum, and daughter of Lewis Gordon, third Marquess of Huntly. She died 13 March 1726, in her eightieth year, her heart being buried in the chapel of the Scots College in Paris. By his first wife the Earl had issue : — 1. JAMES, Lord Drummond. 2. Mary, born 14 July 1675,2 married, about 1690, to William, Lord Keith, afterwards ninth Earl Marischal ; died at Edinburgh 7 March 1729.3 3. Anne, died unmarried. By his second wife he had issue : — 4. JOHN. (See post, p. 56.) 5. Charles, entered Douai College along with his brother John 13 July 1693 ; entered the Society of Jesus at Paris, and died there.4 6. George, died young. 7. Sophia, died young. By his third wife the Earl had issue : — 8. EDWARD. (See post, p. 56.) 9. William, died young at St. Germains. 10. Teresa, born in France, became a nun. VIII. JAMES, second titular Duke of Perth, and who, but for his attainder, would have been fifth Earl of Perth, was born at Drummond in or before February 1673,5 and educated at the Scots College in Paris; he attended the exiled King when he embarked at Brest for Ireland in 1689, and was at the siege of Londonderry, the battle of the Boyne, and the last retreat at Limerick and the Pass of Athlone. He returned to Scotland in 1692, and stayed there for a few years, but went to France, where he was created a Knight of the Thistle by James in 1705.6 He joined the Earl of Mar in the rising of 1715, 1 The Douglas Book, ii. 425. '* Red Book of Grandtully, ii. 227. 8 Political State, xxxvii. 314. 4 Records of the Scots Colleges, New Spalding Club, i. 62. 5 Red Book of Grandtully, ii. 215. 6 Stuart Papers. 54 DRUMMOND, EARL OP PERTH and took part in an unsuccessful attempt to surprise Edinburgh Castle on 8 September of that year. He com- manded the cavalry at the battle of Sheriffmuir, and throughout the insurrection was one of the ablest of the Jacobite leaders, and a devoted follower of James, whom lie accompanied to France on the failure of the enterprise. For his complicity in the rising he was attainted by the Act of 17 February 1716, though his estates were saved in consequence of his having executed a disposition of them in favour of his son 28 August 1715 ; this was sustained by a decision of the Court of Session in 1719, which was affirmed by the House of Lords in 1720. Drum- mond never returned to Scotland ; he assumed the title of Duke of Perth on his father's death in 1716, and died at Paris 6, and was buried in the Chapel of the Scots College 9, April 1720,1 in his forty-sixth year.2 He married (contract 5 August 1706) Jean, only daughter of George, first Duke of Gordon.3 She died at Stobhall 30 January 1773, aged about ninety, leaving issue by her husband : — 1. JAMES, who succeeded. 2. JOHN, who succeeded his brother. 3. Mart/, born 1707, died at Edinburgh 10 September 1770, unmarried. 4. Henrietta, died unmarried. IX. JAMES, third titular Duke of Perth, and but for his father's attainder sixth Earl of Perth, was born 11 May 1713 at Drummond Castle. He is said to have been edu- cated at Douai and Paris, but no record of him as having been at the former college exists. He is also stated to have been a skilled mathematician and an accomplished artist.4 He came to Scotland in 1734 and applied himself to the improvement of his estates, which, as above in- dicated, had not been included in his father's forfeiture. Adhering to the Jacobite principles of his family, he joined in the insurrection of the '45. In August of that year he was nearly captured by a treacherous device of Campbell of Inverawe, and only escaped through a private and un- guarded door of Drummond Castle.5 The next month he 1 Red Book of Grandtully, ii. 321. 2 Minutes of Evidence, Perth Peerage Case, 26. 3 Cf. vol. iv. 551. 4 Wood's Douglas's Peerage, ii. 365. 5 Murray of Broughton's Memorials, Scot. Hist. Soc., 157. DRUMMOND, EARL OP PERTH 55 commanded the right wing of the Prince's army at Pres- tonpans, and was one of his Council during his stay in Edinburgh. After the surrender of Carlisle to the Prince's troops, there were misunderstandings among the principal officers, but Perth behaved admirably, and was the means of smoothing over the disturbance. At Culloden he com- manded the Macdonald clans on the left of the front line. After that disastrous engagement he escaped with the Prince to Moidart, and from there he sailed along with his brother and other gentlemen on board one of the French vessels which had been sent there. "Worn out, however, by fatigue, and depressed with the unfortunate issue of the campaign, he died during the voyage on 13 May 1746, and was buried at sea. There is an epitaph to the memory of himself and his brother in the Church of the Convent of English nuns at Antwerp. He was one of the Prince's bravest and most capable officers, and he showed his com- panions a much-needed example of courtesy and self- restraint. He was included in the Act 19 George in., by which it was provided that if the persons therein named did not surrender themselves before 12 July 1746 they should stand attainted of high treason as from the 18 April previous. It was contended that the forfeiture could not take effect, as James Drummond died before 12 July, and his brother John, also named in the Act, being subject to attainder from 18 April was not capable of inheriting, but the Court of Session and House of Lords decided that he was capable of taking by inheritance, and that the estate was forfeitable, and forfeited to his Majesty by his treason.1 The third Duke of Perth having died unmarried, he was succeeded by his brother, X. JOHN, fourth titular Duke of Perth, and, but for the attainder of 1716, seventh Earl of Perth, was born in France in 1714. He entered the service of King Louis xv. for whom he raised and commanded a regiment called the Royal Scots. With this and two other regiments he arrived at Montrose in November 1745, and issued a declaration in the name of the French King in favour of the Stuart cause. He took a prominent part in the campaign of 1745 and was 1 Wood's Douglas's Peerage, ii. 365. 56 DRUMMOND, EARL OF PERTH present at the battles of Falkirk and Culloden, being attainted in 1746. He left Scotland along with his brother, and afterwards served under Marshal Saxe, being made a major-general. He died of fever, unmarried, 28 Septem- ber 1747,1 and was buried in the Ohapel of the English nuns at Antwerp, where there is a monument to himself and his brother. He was succeeded by his uncle, XI. JOHN, fifth titular Duke of Perth, and, but for the attainder, eighth Earl of Perth. He was born in 1679, and entered Douai College 13 July 1693.2 He lived abroad at the Courts of France and Spain, but returned to Scotland and resided at Fearnton (now Ferntower), near Crieff. Being a Roman Catholic he was debarred from taking any action towards the recovery of the estates, nor could he hold real property in Scotland. He does not appear to have taken any prominent part in the Jacobite rising, though Prince Charles stayed at his house at Ferntower on the night of 2 February 1746.3 He died at Edinburgh 27 October 1757, and was buried at Holyrood, 2 November.4 He married, first, the daughter and heiress of Fotheringham of Ballegerno; and, secondly, in 1722, Mary, daughter of Charles (Stuart), fourth Earl of Traquair. She, who was born 11 August 1702, died at Edinburgh 4 February 1773. By neither of his wives had he issue. XII. EDWARD, sixth titular Duke of Perth, and, but for the attainder, ninth Earl of Perth, who succeeded, was the half-brother of the last-mentioned holder of the title, being the son of James, first titular Duke, by Mary, his third wife. He was born in the Castle of Stirling in 1690, during the imprisonment of his parents there. He went early to France, but was in Scotland during the rising of 1715, and left this country the following year. He became Gentle- man-in- waiting at the Court of St. Germains, was a general of cavalry in the French service, and received the royal and military order of St. Louis. He does not appear to have taken any active part for the Jacobite cause, but was a zealous Jansenist, in the later and more political phase 1 Red Book of Grandtully, ii. 354. 2 Records of the Scots Colleges, New Spalding Club, i. 62. 3 Itinerary of Prince Charles, Scot. Hist. Soc., 38. 4 Holyrood Burial Register. DRUMMOND, EARL OF PERTH 57 of that movement, and, in consequence, was imprisoned for some time in the Bastille. He died s.p. in Paris, 6 Febru- ary 1760, and was buried in the Parish Church of St. Marguerite. He married, at St. Germains, 25 November 1709, Elizabeth, eldest daughter of Charles, second Earl of Middleton. She, who was born 25 June 1690, was living in Paris in 1773. At one period of her widowhood she was one of three Dowager Duchesses of Perth, the other two being Jean Gordon and Mary Stuart, the widows of the second and fifth titular Dukes. On the death of Edward Drummond the heirs-male of the body of his father, the first Duke, became extinct, and the succession to the Peerage, subject to the attainders, became vested in his cousin's son, XIII. JAMES LUNDIN or DRUMMOND. He was grandson of John Drummond, first Earl of Melfort (see that title), brother of James, third Earl of Perth, by his wife, Sophia, daughter and heiress of Margaret Lundin of Lundin, co. Fife, by Robert Maitland', brother of John, Duke of Lauder- dale. The Earl of Melfort's third son Robert (who had, along with his uterine brothers and sisters, been brought up as a Protestant) ultimately succeeded to the Lundin estates, his two elder brothers having died without issue. He was born about 1675 and died in 1716, having married, 20 January 1704, Anne, born 18 September 1684, eldest daughter of Sir James Inglis of Cramond, Bart. By her he had two sons, the elder of whom, John, born 10 November 1704, succeeded his father, but died without issue 9 October 1735. The younger son, James, born 6 November 1707, on the death of Edward Drummond, sixth titular Duke of Perth, was served heir-male and of provision to him, 30 June 1760, and nearest lawful heir-male of James, fourth Earl of Perth, 15 May 1766, and assumed the latter title. He died at Stobhall 18 July 1781, a having married Rachel, third daughter of Thomas (Bruce), seventh Earl of Kin- cardine. She died at Lundin, 29 June 1769, having had issue by her husband : — 1. Robert, born 1741, died unmarried at Lundin 10 May 1758. 1 Scots Mag. 58 DRUMMOND, EARL OF PERTH 2. Thomas, styled Lord Drummond, was baptized at Largo 21 July 1742.1 He went to America in 1768 to look after an estate which belonged to his kinsman the Earl of Melfort, and which had not been for- feited. He was elected a member of the St. Andrew Society of New York inl768, and served as its twelfth President 1773-74. In 1776 he submitted to Lord Howe, at New York, propositions for a peace with America. He was taken prisoner by the rebels, but Washington allowed him to go back to New York on parole. He ultimately, on account of his health, went to the Bermudas, where he died in November 1780. 3. JAMES, of whom presently. 4. Rachel, died unmarried at Oardross 24 May 1798. XIV. JAMES DRUMMOND, formerly Lundin, who would, but for the attainders, have been eleventh Earl of Perth, was born at Lundin 12 February 1744. He entered the army in 1771, and became a captain in the 42nd Highlanders, serv- ing with them in India. In 1784 he obtained, through the influence, it is said, of his countryman Henry Dundas, afterwards Viscount Melville, an Act of Parliament (24 George in. c. 10) making it lawful for the Crown to grant to the heirs-male of John Drummond, titular Duke of Perth, who would have been entitled to succeed by the investitures of the estates, the lands which had been forfeited in 1745. He then got a decreet of the Court of Session, 8 March 1785, finding that he was the person entitled to succeed, and thereupon he got a grant from the Crown of the Perth estates. This Act, with all its circuitous procedure, is said to have been occasioned by the appearance of a claimant to the Peerage who asserted that he was a son of Edward Drummond, the sixth titular Duke and Lady Elizabeth Middleton. In 1792 James Drummond presented a petition to the King claiming to be received and acknowledged as Earl of Perth, which was remitted to the Committee for Privileges. But in 1796 he withdrew this claim, and on 26 October 1797 he was created LORD PERTH and BARON DRUMMOND OF STOBHALL in the Peerage of Great 1 Largo Par. Reg. 59 Britain, with remainder to the heirs-male of his body. He died at Innerpeffray, without surviving male issue, 2 July 1800, having made a settlement of his estates, on 9 June previous, on his daughter and the heirs of her body, whom failing, to her nominees, whom failing, to his wife in liferent and his nearest heirs in fee. He married, 31 March 1785, at Edinburgh, Clementina, daughter of Charles, tenth Lord Elphinstone. She, who was born 28 August 1749, died in Park Lane, London, 31 August 1822. They had issue : — 1. James, born 16 October 1791, died 11 August 1799, and was buried at Innerpeffray. 2. Clementina Sarah, born at Edinburgh 5 May 1786, and married there 20 October 1807 to the Hon. Peter Robert Burrell, born March 1782, eldest son of Peter, first Lord Gwydyr, by his wife Priscilla, suo jure Baroness Willoughby de Eresby. In 1807 they assumed by royal licence the name of Drummond, in addition to that of Burrell. She succeeded to the Perth estates under the settlement by her father above mentioned, and died 16 January 1865. Her husband, besides succeeding to his father as Lord Gwydyr, succeeded his mother in her Peerage, and became Lord Willoughby de Eresby. That Peerage again ultimately went to a female in the person of their daughter Clementina, who was married, 8 Octo- ber 1827, to Sir Gilbert John Heathcote, Bart., and their son Gilbert Henry was created Earl of Ancaster. 3. Jemima Rachel, born at Edinburgh 1 May 1787, died at Drummond Castle 28 April 1788. The title of Earl of Perth would now, but for the attainder, have descended to XV. JAMES Louis DRUMMOND, fourth titular Duke of Melfort, and great-grandson of John Drummond, first Earl of Melfort, brother of James, fourth Earl of Perth. His career and those of his two immediate successors have been dealt with in the article Melfort.1 It may here be 1 See vol. vi. 72, 73. 60 DRUMMOND, EARL OP PERTH briefly stated that he died in Spain in September 1800, and was succeeded by his brother, XVI. CHARLES EDWARD, who, but for the attainder, would have been thirteenth Earl of Perth. He died as a prelate in the household of the Pope at Rome 9 April 1840.1 To him succeeded his nephew, XVII. GEORGE DRUMMOND, eldest son of Leon Maurice Drummond, who married, 26 October 1794, Lucie Marie de Longuemarre, which Leon Maurice was fourth son of James, third titular Earl of Melfort.2 He was born in London 6 May 1807, and entered the 93rd Highlanders 14 October 1824; lieutenant 8 December 1825; served in the West Indies, and got his company 30 December 1826. In 1841 he established in France, before the Oonseil d'Etat and the Tribunal de la Seine, his right to the French titles of Due de Melfort, Oomte de Lussan, and Baron de Valrose.3 He proved his descent in England before the House of Lords in 1848, and the attainders having been reversed by Act of Parliament 28 June 1853, he was found entitled to the dignities of Earl of Perth (1686), Viscount Forth (1686), Lord Drummond (1488), and Lord Drummond of Riccartoun, Oastlemains, and Gilston (1686). His only surviving sister, Lady Clementina Davies, was in the same year granted the precedency of an Earl's daughter by royal warrant. He was served heir-male general to the fourth Earl of Perth, the second and third titular Dukes of Perth, James Drum- mond of Lundin, styled Earl of Perth, and James Drum- mond, Baron Perth, 22 and 26 February 1866 and 22 and 24 June 1874. He also raised an action for the restitution of the estates to him as heir-male, but the case, which lasted in the Court of Session and House of Lords from 1866 to 1882 ,was ultimately decided against him. He died at Kew 28 February 1902, having married, first, 19 May 1831, the Baroness Albertine von Rothberg Coligny, widow of General the Count Rapp, a Peer of France. She died 2 June 1842, and he married, secondly, 9 August 1847, Susan Hen- rietta, daughter of Thomas Bermingham Sewell of Athenree, 1 V. ut supra. 2 See ante, vol. vi. 71. 3 Complete Peerage. DRUMMOND, EARL OF PERTH 61 widow of Colonel Burrowes of Dangan Oastle, co. Meath. She died 11 September 1886. By his first wife he had issue : — 1. James Maurice Willoughby, born 12 August 1832, died February 1833. 2. George Henry Charles Francis Malcolm, Viscount Forth, born at Naples 13 May 1834, was in the 42nd Highlanders ; died 8 October 1861, having married, 24 October 1855, Harriet Mary, eldest daughter of the Hon. Adolphus Oapell, and niece of the Earl of Essex. She was married, secondly, 29 October 1861, to Edward Oholmely Bering, and died 30 April 1868, leaving issue by her first husband, (1) George Essex Montifex, Lord Drummond, born 3 September 1856 ; died s.p., and probably unmarried, 4 August 1887. 3. Annabella, born 11 July 1835, died November 1838. By his second wife the Earl had : — 4. Marie Augusta Gabrielle Berengere Blanche, born 15 December 1848. Married, 24 April 1871 , to Colonel Mackenzie Fraser of Castle Fraser and Inverallochy, and died s.p. 5 February 1874. 5. Marie Louise Susan Edith Grace, born 29 April 1854. She inherits the French titles of Countess de Lussan and Baroness de Valrose. At his death the French dukedom of Melfort became extinct, while the title of Earl of Perth devolved on his distant kinsman, William Huntly Drummond, eleventh Viscount Strathallan, who is descended from James, first Lord Maderty, second son of David, second Lord Drummond. His pedigree will be fully treated under the title Strathallan. CREATIONS. — Lord Drummond, 29 January 1487-88 ; Earl of Perth, 4 March 1605 ; Earl of Perth, Lord Drummond, Stobhall, and Montifex, 17 December 1687 ; in the Peerage of Scotland. Lord Perth, Baron Drummond of Stobhall, 26 October 1747 ; in the Peerage of Great Britain. ARMS (recorded in Lyon Register). — Or, three bars wavy gules. 62 DRUMMOND, EARL OF PERTH OREST. — On a ducal crown a sleuthhound proper, collared and leashed gules. SUPPORTERS. — Two savages, wreathed about the head and middle with oak leaves proper, each carrying a baton on his shoulder, and standing on caltraps. MOTTO. — Gang warily. [B. D.] STEWART, LORD PITTENWEEM LBXANDBR STEWART, second son of Sir Alan Stewart of Darnley, got from his elder brother John, first Lord Darnley (see title Lennox), the lands of Dregairne or Dreghorn in Cunning- ham, by charter dated 13 May 1450.1 On 27 June 1452 he had a confirmation from the King of the lands of Galstoun, which had also been previously granted to him by his brother. ROBERT STEWART of Galston, probably son of the above, witnessed a charter of Sir John Maxwell of Calderwood 16 February 1486-87,2 and also an instrument of resignation by John Ohawmer of Gatgirth 26 May 1487. He died some time before 10 March 1504-5, previous to which date his son Alexander was served heir to him.3 He had a son, ALEXANDER STEWART of Galston, who was served heir to his father Robert some time before 10 March 1504-5.4 He witnessed a charter of the Earl of Lennox 27 March 1508.6 He had a charter from the same Earl of certain lands in Galston 28 July 151 1,6 and a grant from him of the riding 1 Confirmed 16 May 1450, Eeg. Mag. Sig. 2 Confirmed 12 April 1487, ibid. 3 Acta Dom. Cone., xvi. f. 187. * Ibid. 6 Beg. Mag. Sig., 31 May 1508. 6 Confirmed 1 August 1511, ibid. 64 STEWART, LORD PITTENWEEM of the Muir of Galston for four years 23 June 1515 : also a" licence to cut timber 1 March 1515-16.1 He is said to have had issue : 2 — 1. THOMAS, who succeeded. 2. Alan of Threapwood, who was at one time Provost of Edinburgh, but was dead before 28 May 1527, when his widow Helen Baty got a charter of the lands of Pinkertoun in Haddingtonshire.3 3. Margaret, married to James Chalmers of Gatgirth/ THOMAS STEWART of Galston succeeded before 26 Novem- ber 1526.5 He had a charter on 3 December 1540 of Hamilton's Brentwood on the forfeiture of Sir James Hamilton of Finnart,6 and died between 1542 and 1545.7 He married (contract 26 November 1526) Isobel, daughter of James Henderson of Fordel, Justice-Clerk. By her, who survived him, he had issue : — 1. Thomas, who succeeded to Galston, and carried on the elder line of the family : it came to an end in the person of Ludovic Stewart, who died s.p. in 1650, leaving the estate to his maternal uncle, George Ross of Brownhill. 2. WILLIAM, of whom below. WILLIAM STEWART, afterwards Sir William Stewart of Houstoun, has been generally accepted by Douglas and other Peerage writers as the younger son of Thomas Stewart of Galston. The assertion of Oalderwood that he was at first ' a cloutter of old shoes ' is not supported by any evidence; on the contrary, Sir William is expressly styled brother of Thomas Stewart of Galston in a charter 1 Protocol Book of John Fowlar, Edinburgh City Chambers, 20 January 1517-18. 2 The succession at this point is doubtful. According to an entry in Acts and Decreeta, xix. 9, 10, Robert Stewart was of Galston in 1521 and 1525, and was grandfather of that Thomas who was of Galston in 1559, and of his brother Sir William. But Thomas, given in the text as son of Alexander, succeeded to Galston before 26 November 1526, the date of his marriage with Isobel Henderson ; indeed, according to the Protocol Book of Gavin Ross (Scot. Record Soc.), No. 642, he was already of Galston in March 1522-23. If this was the case the entry of Robert in Acts and Decreeta must be a mistake. 3 Reg. Mag. Sig. * Wood's Douglas's Peerage ; Nisbet's Heraldry, ii. App. 20. 6 See note 2, supra. 6 Reg. Mag. Sig. J Acts and Decreets, i. 131 ; ii. 67. STEWART, LORD PITTENWEEM 65 to be afterwards referred to.1 In 1575 he appears to have had a captain's commission under the Prince of Orange,2 and in June 1577 he was in the service of the States as 'Captain of two companies and lieutenant-colonel of the Scottish regiment.' In 1579 he passed from the employ- ment of the associated provinces to that of the northern union, but within a few years returned to Scotland, and through the influence, it is said, of the Earl of Gowrie became such a favourite at Court that, when a body styled the King's Guard was raised in 1582, he was appointed to the command. Shortly after this he was sent on a mission to Queen Elizabeth by the King. If he owed his rise to Gowrie he did not long support his patron, for on his return from England he was one of the chief movers in the counter revolution which brought about the fall of the Ruthven Raid government. In June 1583 he and his guard, wearing in their hats thirty pieces of gold which had been sent him as a bribe by the Commendator of Dunfermline, with the purses on their spear-points, accompanied the King from Falkland to St. Andrews, and supported him while he dis- pensed with the services of his former councillors.3 On 31 July 1583 he had a grant of the lands and monastery of Pittenweem and was appointed Commendator thereof.4 On 29 August following he was admitted a Member of the Privy Council.5 On 15 April of the next year he took the Earl of Gowrie prisoner at Dundee, and towards the end of the month marched with 500 men against the rebel Lords at Stirling.8 On 9 June he received, along with the Earl of Rothes and Alexander Erskine of Gogar, a commission of lieutenancy in the south-eastern shires. Evidently a valued servant of the King, he had a grant in December 1584 out of the revenues of Dunfermline, which was ex- pressly excepted from a general revocation by the King.7 He was with the King at Dirleton when he was entertained there by Arran during the prevalence of the plague in Edinburgh in May 1585,8 and signed the bond for an offen- sive and defensive league with England 31 July 1585.9 1 Reg. Mag. Slg., 1 December 1612. 2 Scots Brigade, i. 115 n., where there is a detailed account of his career. 3 P. C. Beg., iii. pp. Iv, 574; Calderwood, iii. 715, 716. 4 Reg. Mag. Sig. 5 P. C. Reg., iii. 594. « Ibid., 660. 7 Ibid., 712. 8 Ibid., 744. 9 Ibid., 766. VOL. VII. E 66 STEWART, LORD PITTENWEEM On the fall of Arran, Stewart was deprived of his com- mand of the Guard,1 and had a licence to travel abroad for five years 18 January 1585-86.2 He seems to have gone to Denmark, and the King of that country urged the Estates ' to make him satisfaction for injuries, and restore his wife's provisions.' These representations, together with those of a commission appointed by the Scottish Parliament in 1584 3 for the purpose of recovering arrears due to him, seem to have been successful, as in April 1587 he was said to be * in great credit with the Prince of Parma, who had restored to him all his wife's living again.' By 1588 he was again in Scotland and restored to favour with the King, being included in the embassy that was sent to Denmark in connection with the royal marriage. He returned from that country 12 September 1589, being, along with Lord Andrew Keith and Lord Dingwall, sent before to advertise the arrival of the Queen.4 The weather, however, pre- vented the expected homecoming, and James went over in person to fetch home his bride. In March 1589-90 Stewart was appointed by the Privy Council to fit out a ship for the bringing home of the King and his bride,5 and he shortly thereafter set out in command of a fleet of six vessels, arriving safely in Denmark, from which he brought the King and Queen home, landing at Leith 1 May. In June 1590 he was sent on an embassy to Germany,6 but he must have returned within a year, as in April 1591 there was a process against him in connection with the lands of Houston.7 An Act of the Council was passed 12 January 1591-92, acknowledging his public services and ratifying a letter of factory under the Privy Seal of 1 May 1589, granting him the lands which belonged to the Arch- bishop of St. Andrews during the lifetime of Patrick Adamson, and a charter under the Great Seal (not re- corded) of 13 September 1588, granting him the lands of Barre and others, to be held by him until he was repaid the sum of 10,000 merks which he had expended in the public service.8 He was accused of being privy to the daring attempt of Francis Stewart, Earl of Bothwell, on the i P. C. Reg., iv. 36 n. 2 Reg. Sec. Sig., liii. 87. 3 Acta Parl. Scot., iii. 325. *P. C.Reg., iv. H3n. 5 Ibid., 471. 6 Ibid., 488. 7 Ibid., 611. * Ibid., 712. STEWART, LORD PITTBNWBEM 67 person of the King at Holyrood on 27 December 1591, and on 20 January 1591-92 was committed to ward in Edinburgh Castle ' because the Queene used him as an instrument to disgrace the Chancellor (Lauderdale) and to sivver the King from him. ' l On 1 July 1592 he was examined before the Chancellor and other officers in connection with aiding and abetting Bothwell in another attempt on the King's person the previous month, but stoutly denied any com- plicity therein.2 The charge against him does not appear to have been pressed, and in his turn he accused, thougli unsuccessfully, Lord Spynie of having been privy to the plot.3 Stewart was restored to favour, and on 6 May 1594 had an absolute conveyance of Pittenweem to be held blench from the King in acknowledgment of his many services, and of the sum of 12,000 merks which apparently he had advanced to the King.4 On 26 July following he had, on payment of 1000 merks, a grant in feu farm of the lands of Houston, co. Linlithgow.5 In December he was despatched on an embassy to Flanders,6 and on his return was thanked by the Council for his services in that capacity on 10 July 1595. On the same date too he executed a charter at Leith, by which in return for certain monetary advances made to him by his brother-in-law, Sir Patrick Hepburne of Luffness, and his own brother, Thomas Stewart of Galston, he made over Pittenweem to his son Frederick, with the power of reversion on payment of a rose-noble in St. Giles's Church.7 On 30 June 1596 Stewart had a commission of lieutenancy in the Highlands and Islands,8 and was authorised to levy troops for service there,9 £but the expedition turned out an easy one, the chief men in the Isles submitting themselves to the King.10 On 4 May 1598 he was nominated one of a committee to deal with the question of the settlement of the Isles,11 and it is not therefore surprising to find that he was one of the original 'adventurers' who were to en- deavour to govern the Hebrides and settle it on Lowland principles. Notwithstanding that Stewart had been successful in 1 Calderwood, v. 144. 2 P. C. Reg., iv. 761, 833. 3 Ibid., v. 4, 5, 8, 17. 4 Beg. Mag. Sig. 6 Ibid. 6 P. C. Reg., v. 194. 7 Reg. Mag. Sig., I Decem- ber 1612. 8 P. C. Reg., v. 246. ° Ibid., 309. 10 Ibid., 324. n Ibid., 455. 68 STEWART, LORD PITTENWEEM getting a large sum of money from the States-General in payment of arrears due to him,1 he seems to hare been in constant pecuniary difficulties. He apparently parted with his estate of Houston before he had held it very long, as on 2 March 1598-99 Mr. John Sharp, advocate, had a grant of these lands on his own resignation, with consent of Sir William Stewart and his wife, Isobel Hepburn.2 Means of income were, however, from time to time put in his way. Eustachius Rooghe, a Fleming, having got an Act of Par- liament empowering him to make 'greit salt,' Stewart had a gift of the comptrollery of the same 31 July 1599,3 and later had a gift of the third of the profit due to the King by Eustachius in the same undertaking.4 He had also a gift of the escheat of all forbidden goods imported.5 On 7 January 1602 he was nominated one of the Council of War.6 The date of his death is not known, but it must have been previous to 1605. He married, first, in the Netherlands, a lady whose Christian name was Erica, widow of the Count de Mander- scheidt.7 With her he had two charters on 30 November 1584 ; 8 secondly, in Holyrood Church 7 June 1590,9 Isobel, daughter of Sir Patrick Hepburn of Waughton, and widow of George Halkett of Pitfirrane. On 27 December 1604 James Halkett, brother-german of Robert Halkett, of Pitfirrane, had a gift of the escheat of the goods of the late Sir William Stewart, Commendator of Pittenweem, Dame Elizabeth Hepburn, his spouse, and others, put to the horn in terms of a decree against them on 6 June 1602.10 Sir William had issue, so far as known : — 1. FREDERICK. 2. Anna, born 5 June 1595." I. FREDERICK STEWART was baptized 22 June 1591,12 and chose curators 2 June 1607, the next-of-kin being on his father's side, Robert Stewart of Oraigous, and John Stewart of Halrig ; on his mother's side, Sir Robert Halkett of 1 Scots Brigade, i. 118 n. and 115-154. 2 Reg. Mag. Sig. 8 P. C. Beg., vi. 17; Acta Parl. Scot., iv. 182-184. * Ibid.. 837. 5 Ibid., 489. 6 Ibid., 330. J Scots Brigade, i. 116 n. 8 Eeg. Sec. Sig., li. 160, 180. 9 Dunfermline Reg. 10 Rsg. Sec. Sig., Ixxiv. 224. » Edin. Reg. 12 Dunfermline Reg. STEWART, LORD PITTENWBEM 69 Pitflrrane, and James Hamilton of Kilbrackmont.1 He had on 26 January 1609, under the designation of eldest son of the late William, Oommendator of Pittenweem, a grant from King James vi. of the lands of Pittenweem and others in Fife, the lands and barony of Easter and Wester Rynds, co. Perth, and certain other lands in Porfar and Hadding- ton, all of which were incorporated and erected into the temporal lordship of Pittenweem, and he was created a Lord of Parliament with remainder to his heirs and assigns whomsoever, under the title of LORD PITTENWEEM.2 On 3 December 1612, two days after the confirmation of his father's charter of 1595 above mentioned, he resigned the lands in favour of Sir Thomas Dishington and his wife, Elizabeth Scott, who had a new grant of it from the King,3 and on 6 July 1615 he joined with the Dishingtons in a new resignation of the lordship in favour of Thomas Erskine, Viscount Fenton.4 Lord Pittenweem died s.p. and was buried (not improbably from the Fleet prison 5) at St. Bride's, London, 16 December 1625. At his death the Peerage became dormant, and no claim has since been made to it. CREATION. — Lord Pittenweem, 26 January 1609. ARMS. — Sir William Stewart, the Oommendator, bore on his seal : Quarterly, 1st and 4th, three fleurs de lys within a bordure charged with eight buckles ; 2nd and 3rd, a fess chequy within a (bordure engrailed ?). OREST. — A wolf sejant. SUPPORTERS.— Two wolves. [j. B. P.] 1 Acts and Decreets, ccxxix. 104. z Reg. Mag. Sig. 3 Ibid. * Ibid. ; Ada ParL Scot., v. 94. 6 Complete Peerage. SCOTT, LORD POLWARTH N account of the first three holders of the Polwarth title which was con- ferred on Sir Patrick Hume by patent dated 26 December 1690, with remainder to the heirs- male of his body and to the heirs of those heirs, will be found under the title of Earl of March- mont (vol. vi. 12-23). Sir Patrick having been ad- vanced to that dignity on 23 April 1697, the barony remained merged in the earldom until the death of Hugh, third Earl, on 9 January 1794, when the earldom became extinct, and the barony of Polwarth vested in, IV. ANNE, de jure BARONESS POLWARTH, daughter of Sir John Paterson, Bart, of Eccles, and his wife Anne, eldest daughter of Hugh, third Earl of Marchmont. She claimed the barony in 1818, but died s.p. on 11 March 1822, before any decision had been given on her case. V. DIANA, de jure BARONESS POLWARTH, younger daughter of Hugh, third Earl of Marchmont, succeeded her niece, and was married, 18 April 1754, to Walter Scott of Harden, in the county of Roxburgh. He was descended from WALTER SCOTT of Synton,1 who is the first member 1 He is said by Satchels and by Sir Walter Scott (pedigree among Mertoun Writs) to be the son of George Scott of Synton, son of Walter 70 SCOTT, LORD POLWARTH 71 of the family of whom there is record evidence. He married, first, Marjorie, daughter of William Oockburn of Henderland,1 and, secondly, Margaret, daughter of James Riddell of that Ilk.2 He had issue by first marriage : — 1. Walter of Synton, said to have married another daughter of James Riddell of that Ilk,3 but died s.p. Issue by second marriage : — 2. ROBERT, aftermentioned. 3. William of Huntly. ' Will 111 to Haud.' 4. James of Satchels, ancestor of Walter of Satchels, who wrote the history of the family of Scot. 5. Thomas of Whitehaughbrae, and eight daughters. ROBERT SCOTT of Strickshaws (Stirches), second son of Walter Scott of Synton,4 acquired the six-merk land of Bundray in Roxburghshire, from James Newton of Dawcof e in 1481,5 which was confirmed by Patrick, Earl of Bothwell, by charter dated 21 November 1505.6 From Alexander, Lord Home, he had a charter of the lands of Harden on 3 January 1501 ,7 He was probably that Robert Scott for whose murder, in November 1509, Andrew Orossar was hanged.8 He was father of : — 1. Walter of Synton, called 'Watty burn the Braes,' who held a five-merk land in Synton in 1510, as heir of umquhile Robert Scott, his father.9 He suc- ceeded, on the death of His uncle Walter, to the lands of Synton, and as son and heir of the late Robert Scott of Strickshaws, second son of Walter Scott of Synton, he had a charter under the Great Seal of the six-merk land of Strickshaws, which were held by the Scott of Synton, brother of John Scott of Synton, son of Walter Scott of Synton, son of George Scott of Synton, son of Walter Scott of Synton, son of John Scott, chamberlain to the Archbishop of Glasgow, who was a son of Sir Michael Scott of Murthockstone, killed at the battle of Durham in 1346. This descent, however, is unsupported by any record evidence, and the lands of Synton, together with the office of Sheriff of Selkirk, were held by the family of Lord Ersldne during the fifteenth century (Reg. Mag. Sig., 10 March 1507). J Family of Cockburn, 177. 2 Douglas's Baronage, 214. 3 Ibid. 4 Reg. Mag. Sig., 3 June 1575. 6 Scotts of Buccleuch, ii. 76. 6 Ibid., 106. 7 Mertoun Writs. 8 Pitcairn's Criminal Trials, i. 61*. 9 Scotts of Buccleuch, ii. 120. 72 SCOTT, LORD POLWARTH said Robert from James, Earl of Bothwell, dated 13 June 1575.1 He had issue : — (1) William, eldest son, had a tack of the lands of Langhope from the Crown, 1550.2 (2) James, second son, had a tack of the lands of Dodbank from the Crown, 1550.3 He, with his brothers Walter, Robert, and William, was concerned in an attack on the Church of St. Mary of the Lowes in 1557.4 (3) Walter, called young Laird of Synton in 1557. (4) Robert* (5) George of Synton, sold part of his lauds to his cousin, Walter Scott of Harden; married Margaret, daughter of John Edmonston of Ednam, and had issue : — i. Walter of Synton, died 11 July 1608,6 having married Isobel, daughter of William Douglas of Whitting- hame, who survived him, and had issue : — (i) George of Synton, served heir to his father in the lands of Outarsyderige 10 April 1610," sold his estate to Walter Scott of Harden in 1627. He married Mary, daughter of Glad- stanes of Dod, and had issue : — a. Walter, died unmarried. 6. George of Bunraw, registered his arms as representative of Synton, circa 1672 ; married a daughter of Douglas of Gar- vald, and had an only son, Archibald, who died unmarried 1720. He was re- buked by the kirk-session of Roberton in 1701 for the scandal of breaking the Lord's Day by a mock marriage with Esther Turnbull. c. Richard, minister of Kirkbean 1675, and of Ashkirk 1685;. died 25 May 1722, aged eighty-two. (ii) Captain Archibald, died unmarried, (iii) Elspeth, mentioned with her sisters in their father's testament, (iv) Christian, (v) Ann, said to have married Captain Gladstones of Whitelaw. ii. John, called brother to Walter Scott of Synton in a charter in favour of Robert Scott of Satchells,8 10 February 1607. iii. David, charged with others with rescuing prisoners from the bailies of Selkirk 1st December 1608.9 iv. George, apprenticed to David Brown, saddler, Edin- burgh, 10 January 1610.10 v. Agnes, mentioned with her brothers David and George in her brother Walter's testament.11 1 Reg. Mag. Sig. 2 Exch. Rolls, xviii. 368. 3 Ibid. * Pitcairn's Crim. Trials, i. 400*. 5 P. C. Reg., i. 184. 6 Edin. Tests., 10 March 1609. 7 Retours Spec., Roxburgh, 57. 8 Reg. Mag. Sig. , 14 Dec. 1609. 9 P. C. Reg. , viii. 210. 10 Edin. Reg. of Apprentices. ll Edin Tests., 10 March 1609. SCOTT, LORD POLWARTH 73 2. WILLIAM of Harden. 3. David, brother to William Scott in Harden, had a pardon for the crimes of treason and lese majeste 9 May 1526.1 WILLIAM SCOTT of Harden, brother to Walter Scott of Stirkshaws, was a witness to an obligation by John Murray of Falahill to Robert Scott on 4 January 1507.* He had a charter of the forty-shilling lands of Hoscote from George, Lord Home, on 27 May 1525,3 and a charter from his brother Walter of the lands and barony of Harden, which was confirmed by George, third Lord Home, 27 May 1535.4 He died in February 1561, having married, it is said, a daughter of Ker of Fernielee, and had issue, WALTER SCOTT of Harden, charged with others, on 25 June 1557, with breaking into the church of St. Mary of the Lowes for the slaughter of Sir Peter Cranston,5 had a charter to his father in liferent and to himself in fee of the town and lands of Harden, from Alexander, Lord Home, on 18 August 1559,6 succeeded his father in 1561, but died before 13 April 1563, when his son Walter had a precept of clare constat as his heir in the lands of Harden, from Alexander, Lord Home.7 He had issue : — 1. WALTER, his heir. 2. William, charged with his brother Walter and many others, servants of Walter Scott of Branxholm, with spulzieing the lands of Drummelzier and Dreva, belonging to James Tweedie of Drummelzier and Adam Tweedie of Dreva, on 6 January 1591-92.8 WALTER SCOTT of Harden had a precept of clare constat from Alexander, Lord Home, as heir of the deceased Walter Scott of Harden, his father, on 13 April 1563, and was seised in the lands of Harden as such on 22 June 1566.9 He, presumably from the great age to which he lived, was commonly known as 'Auld Wat,' and was the hero of various marauding expeditions, which were the theme of many a border ballad and tradition. When the spoil had 1 Scotts ofBuccleuch, ii. 146. 2 Ibid., 110. 3 Confirmed Reg. Mag. Sig., 13 January 1620. * Mertoun Writs. 6 Pitcairn's Criminal Trials, i. 400*. 6 Confirmed Reg. Mag. Sig., 13 January 1620. 7 Mertoun Writs. 8 P. C. Reg., iv. 709. 8 Mertoun Writs. 74 SOOTT, LORD POLWARTH been exhausted, his lady, it is said, was in the habit of serving up on a dish a pair of clean spurs, still preserved in the family, as a significant hint to mount and replenish the larder from over the Border. Cattle-lifting was not confined to his side only, for on 15 December 1580 he and others complained to the Privy Council against Martin Elliot of Braidley and his sons for taking away fourscore kye and oxen, etc., under cover of night, from the lands of Hoscote and Hoscoterig.1 He took part in the treasonable attempt against His Majesty's person at Falkland 13 July 1592, was summoned before the Privy Council to answer there- for, and, failing to appear, was denounced rebel,2 and a warrant granted to Walter Scott of Goldielands, and Gideon Murray, instructing them to demolish the houses and fort- alices of Harden and Dryhope.3 As an adherent of Francis, Earl of Bothwell, he had a letter of pardon 7 September 1591, 4 but remaining in Edinburgh contrary to the order of the Privy Council, a warrant was issued for his arrest 8 December 1592.5 In April 1596 he formed one of the force who accompanied his chief Buccleuch in the expedition to Carlisle Castle which resulted in the release of Willie Armstrong, commonly called * Kinmont Willie.' 6 He had a charter from Nicholas Cornwall of Bonhard of the lands of Printadocis (Pirnetados) in the county of Edin- burgh, on 29 June 1603 7; another from James Douglas, Commendator of Melrose, of the lands of Langhope, on 13 August 1606,8 and another from Sir John Cranston of Smailholm of the lands of East and West Kirkhopes, 21 May 1608.9 On 22 November 1610 caution to the extent of 3000 merks was given to the Privy Council by Gilbert Elliot of Horsliehill, that he (Harden) and Walter, Francis and Hew, his sons, should not harm Walter Scott of Tod- schawhill and others.10 He died at an advanced age in 1629. He married (contract dated at Selkirk 21 March 1567) Mary or Marion, called ' The flower of Yarrow,' daughter of John Scott of Dryhope,11 and, secondly (contract dated 9 April 1598), Margaret, daughter of John Edgar of Wedderlie 1 P. C. Reg., in. 335. 2 Ibid., iv. 773. 3 Ibid., 769 ; Pitcairn's Criminal Trials, i. 266. * Scotts of Buccleuch, ii. 249. 5 P. C. Reg., v. 26. 6 Border Papers, ii. 251. ~ Confirmed 14 July 1603, Reg. Mag. Sig. 8 Ibid., 9 Jan. 1607. 9 Ibid., 8 July 1608. 10 P. C. Reg., ix. 664. » Mertoun Writs. SCOTT, LORD POLWARTH 75 and relict of William Spotswood of that Ilk.1 He had issue by first marriage : — 1. WILLIAM, his heir. 2. Hugh, second son, in Greenhead, was cautioner for John Quhyte in Greenhead 12 February 1623.2 He married (contract dated at Selkirk 17 March 1621) Jean, daughter and heiress of Sir James Pringle of Galashiels,3 and was ancestor of the Scotts of Gala. 3. Walter, in Essinside, killed in a fray at a fishing by Symon Scott of Bonny toun and others.4 He married (contract 22 April 1614) Elspeth, daughter of John Hay of Haystoun.5 She survived him and married, secondly, William Scott.8 His sisters Jean and Mar- garet were served heir to him 18 February 1641.7 4. Francis, had a charter to his father in liferent and himself in fee, of the lands of Howfuird from Walter Scott of Howfuird 26 May 1624,8 and another charter in 1627 of the lands of Sinton from Walter, Earl of Buccleuch, with consent of George Scott of Synton, Isobel Douglas his mother, and Mary Gladstaines his wife.9 He married, in 1624, Isobel, sister of Sir Walter Scott of Whitslaid, and was the ancestor of the present family of Corse-Scott of Synton. 5. Margaret, called 'Maggie Fendy,' married to Sir Gilbert Elliot of Stobs. 6. Esther, married, first, to Elliot of Falnash, and secondly, to George Langlands of that Ilk. 7. Janet, married (contract dated at Selkirk 23 October 1613) to Thomas, son of Walter Scott of Whitslaid.10 Issue by second marriage : — 8. Margaret, only child, married, first (contract dated at Selkirk 12 September 1621), to David Pringle, younger of Galashiels,11 and second, before 22 Nov- ember 1625,to Sir William Macdougall of Mackerston.12 He is also said to have had three other daughters, married to Geddes of Kirkurd, Scott of Tushielaw, and Porteous of Headschaw. 1 Mertoun Writs. 2 P. C. Reg., xiv. 698. 3 Mertoun Writs. 4 P. C. Reg., x. 667. 5 Mertoun Writs. 6 P. C. Reg., xii. 123. 7 Retours, Gen., 2554. 8 Confirmed 22 May 1634, Reg. Mag. Sig. 9 Hist, of Selkirk, i. 441. l° Mertoun Writs. » Ibid. 12 Ibid. 76 SOOTT, LORD POLWARTH SIR WILLIAM SCOTT of Harden had grants of the following lands : of Tarras in the Debateable Land, from James, Lord Torphichen, on 29 May 1606 ; of the 18-merk land of Pou- budy, as son and heir of his father, from Sir James Johnston of Dunskellie on 28 May 1607 ; 1 of the lands of Deephope, in the county of Selkirk, 5 October 1608, as son and heir of his father, on his father's resignation ; of the lands of Over Oassok from Walter, Lord Scott of Buccleuch, to his father in liferent and to him in fee, dated 18 April 1614 ; 2 of Quylt or JSTewhall and others from William Shaw of Lathangyie, sometime prebendary of Quylt and Petham, dated 24 June 1614,3 to him and Agnes Murray his spouse ; of Hundelis- hope from his father, dated 10 June 1618 ; 4 of Hoscote, Harden and others in Annandale, Selkirk, Roxburgh, and Peebles 18 January 1620, as son and heir of his father on his father's resignation ; of Gamelscleuch on 8 June 1624 ; 5 of Brinscleuch on the resignation of Sir Robert Scott of Thirlestane, knight, on 9 March 1625 ; 6 of Mertoun in Ber- wickshire, on the resignation of John Halyburton and others, on 22 September 1641 ; 7 and of Whiterigs on 1 July 1646,8 on the resignation of John, Earl of Haddington. He was knighted, 26 February 1618, during the lifetime of his father, was appointed by the King to be lieutenant of the border garrison on 6 August 1617,8 was tutor to Francis, second Earl of Buccleuch, was appointed Sheriff of Selkirk- shire 30 August 1625,10 and again on 7 March 1645 ; repre- sented that county in Parliament 1641, 1643-44, 1644-46. He was a commissioner for conserving the Treaty of Ripon, 16 November 1644, was one of the Committee of Estates 8 March 1645, and was fined £3000 under Cromwell's Act of Pardon and Grace in 1654,11 but this was remitted 1655.12 He was served heir to his father in the lands of Pintadocis, in the county of Edinburgh, 30 August 1642,13 and to his great grandfather, William Scott of Harden, who died in February 1561, in the lands of Hoscote 5 January 1643.14 He died in 1655. He married, first (contracts dated at Edinburgh 18 February and at the Provost's place of Orichton 14 July 1 Confirmed 13 January 1630, Reg. Mag. Sig. * Ibid., 13 January 1620. 3 Ibid. * Ibid. 6 Ibid. 6 Ibid. 7 Ibid. 8 Ibid. ° P. C. Reg., xi. 217. 10 Ibid., 2nd ser., i. 120. » Acta Parl. Scot., vi. 820. 12 Ibid., vi. 757, 845. 13 Retoura, Edin., 889. » Ret ours, Selkirk, 63. SCOTT, LORD POLWARTH 77 1611 J), Agnes, daughter of Sir Gideon Murray of Elibank, Treasurer Depute. She was the celebrated * muckle-mouthed Meg' of Border minstrelsy and tradition, an account of whose romantic marriage with young Harden is given by Sir Walter Scott in his Border Antiquities. Briefly stated, it is said that young Harden, being engaged in a foray on the lands of his hereditary enemies the Murrays of Elibank, was captured, imprisoned, and only released on agreeing to marry Blibank's ugly daughter Meg with the muckle mouth, with the alternative of being hanged. Having at first declined the marriage, he ultimately became enamoured with her on account of her solicitude for him during his imprisonment. Sir William Fraser2 discredits the whole story as a myth, on the ground that the two contracts show that the marriage was entered into with great deliberation, several months elapsing between the date of the first and that of the second, and therefore the deed was not executed, as picturesquely alleged by Lockhart, on the parchment of a drum. Yet it is hardly probable that a story which has obtained such credence in popular tradition can have been entirely without foundation, especially when it is remem- bered that the families were implacable foes, and that not many years before Sir Gideon Murray was the instrument employed by the Privy Council to demolish the Houses of Harden and Dryhope, and execute a commission of fire and sword against the Scotts. In these circumstances Elibank was scarcely a likely place for a Scott to have conducted his wooing in an ordinary manner. Sir William married, secondly (contract dated at Fernielee 15 April 1633 3), Mar- garet, daughter of William Ker of Linton, but had no issue by her. She had a charter in conjunct fee with him, on his resignation, of the lands of Halcroft and others on 10 March 1645.4 He had issue by his first marriage : — 1. Sir William of Harden, who had a charter of the barony of Harden, on his father's resignation, on 16 July 1649,5 was knighted in 1660, had charters of the baronies and lands of Harden, Mertoun, Kirk- wood, and others on 4 December 1668,6 and of an annuity of 600 merks per annum, payable from the 1 Mertoun Writs. 2 Scotts of Buccleuch, i. Ixx. 3 Mertoun Writs. 4 Reg. Mag. Sig. 5 Ibid. 6 Ibid. 78 SCOTT, LORD POLWARTH lands of Mackerstoun 6 July 1670. He was fined £18,000 1 in 1662 for having supported the Common- wealth, registered his arms on 17 January 1673, petitioned Parliament on 20 May 1690 for repayment of the fine of £46,000 Scots, which had been imposed upon him for his wife's alleged guilt of church irregu- larities,2 which fine had been granted to Sir George Mackenzie, and restitution thereof to him was ordered on 27 May 1695.3 He died at Mertoun 2 February 1699.4 He married (contract dated 26 October 1641) Christian, third daughter of Robert, sixth Lord Boyd. They had a charter of the lands of Mertoun from his father, in terms of their marriage- contract, 28 October 1641 ,5 and had issue : — (1) Sir William of Harden, engaged in Argyll's rebellion, was indicted for high treason 15 May 1685,6 but had a remission from King James vu. on 12 December 1685, and was repre- sentative in Parliament for the county of Selkirk from 1689 until 28 April 1693, when his seat was declared vacant because he had not signed the assurance. He had a con- veyance and renunciation from Archibald Scott of Boonraw, representative of the old family of Scott of Synton, of the representation and arms of that family on 27 November 1700, on which he obtained a matriculation from the Lyon King of Arms on 29 November 1700.7 He died s.p. at Mer- toun 12 August 1707.8 He married, 16 March 1673 9 (con- tract dated 21 March 1673 10), Jean, only daughter of Sir John Nisbet of Dirleton, Lord President of the Court of Session. She survived him, and married, secondly (contract dated 30 June 1710), Sir William Scott of Thirlestane, advocate. (2) Robert of Iliston, served heir to his brother 30 October 1707, died s.p. in 1710.11 He married Jean, daughter of Sir Thomas Ker of Fernielee. She died at Edinburgh in April 1718.12 (3) Christian, married (contract dated at Mertoun 24 July 1673 13) to William Ker of Chatto. (4) Margaret, married (contract dated at Mertoun 24 November 1680 14) to Sir Patrick Scott of Ancrum, Bart., advocate, who died in 1734. 2. SIR GIDEON of Highchester after mentioned. 3. Walter of Raeburn, called 'Wat Wudspurs,' had a 1 Acta Parl. Scot., vii. 423. 2 Ibid., ix. App. 39. 3 Ibid., ix. 357. 4 Funeral escutcheon in Lyon Office ; Lauder Tests., 16 June 1699. 5 Confirmed 5 March 1642, Beg. Mag. Sig. 6 Acta Parl. Scot., viii. App. 32, 490. 7 Lyon Reg., ii. 189. 8 Funeral escutcheon, Lyon Office ; Lauder Tests., 17 February 1708, 15 February 1715, and 12 March 1728. 9 Edin- burgh Marriage Register. l° Mertoun Writs. u Edin. Tests., 15 July 1718. 12 Ibid. 13 Mertoun Writs. " Ibid. SCOTT, LORD POLWARTH 79 charter under the Great Seal, as third son of his father, of the lands of Roberton in Selkirkshire, on the resignation of James Scott of Roberton, 18 December 1627.1 He became a Quaker, and was subjected to much persecution by the Government of the day. He married Anne Isabel, daughter of William Macdougall of Makerstoun, and was the ancestor of Sir Walter Scott. 4. James, married (contract dated 8 February 1659) 2 Agnes, second daughter of Sir Walter Riddell of that Ilk. 5. John of Woll, chamberlain to the Duchess of Buccleuch in 1689, and representative in Parliament of the county of Roxburgh 1693-1702, registered arms circa 1672. He married Agnes, only daughter of Robert Scot of Harwood, and was ancestor of the family of Woll. 6. Elizabeth, married (contract dated 18 April 1634 3) to Sir Andrew Ker of Greenhead, Bart., and was buried in the Greyfriars, Edinburgh, 24 June 1663. 7. Margaret, second daughter, married (contract dated 10 October 1638 4) to Thomas Ker of Mersington. 8. Janet, married (contract dated 22 January 1659 6) to John Murray, in Eschisteill, son of Sir John Murray of Philiphaugh. Walter Scott of Raeburn, her brother, was served heir-general to her 25 June 1661.6 SIR GIDEON SCOTT of Highchester, second son of Sir Walter Scott of Harden, had a charter, on the resignation of his father and of his brother Walter, of the lands of Roberton and Howcleuch on 25 June 1649,7 was repre- sentative in Parliament for the county of Roxburgh in 1650, was appointed Sheriff-Principal of Roxburgh 1 April 1657,8 was knighted 29 August 1660, was fined £4800 for having supported the Commonwealth 1662," recorded his arms 24 January 1673, and died shortly thereafter. He married (contract dated at Edinburgh 26 January 1643 10) Margaret, 1 Reg. Mag. Sig. 2 Mertoun Writs. 3 Ibid. * Ibid. 5 Ibid. 8 Re- tours, Gen., 4456. 7 Reg. Mag. Sig. 8 Mertoun Writs. 9 Ada Parl. Scot., vii. 424. 10 Ibid. 80 SCOTT, LORD POLWARTH daughter of Sir Patrick Hamilton of Preston, knight,1 and had issue : 2 — 1. WALTER, Earl of Tarras. 2. William, married Jean, daughter of James Kirkcaldy, of the family of Grange. 3. Thomas. 4. Gideon. 5. Francis, an officer in the Army, who latterly became a churchman, and was in high favour with the Grand Duke of Tuscany, in whose dominions he died. 6. Agnes, eldest daughter, married (contract dated 13 and 17 December 1659 3) to John Riddell, younger of that Ilk, and died before 1661. 7. Margaret, married, 11 February 1679,4 to James Corbet, younger of Tolcorse.5 8. Mary, baptized at Edinburgh 23 March 1658,6 died young. 9. Agnes (secunda), married, first, 8 April 1687,7 to Sir James Grant of Dalvey, Baronet, who died in 1695 ; and secondly, to Dr. William Rutherfurd of Barnhills. As widow of the latter she granted a bond of relief on 21 August 1730." WALTER SCOTT, bora 23 December 1644,9 was, when fifteen years of age, married in the parish church of Wemyss in Fife, on 9 February 1659,10 on a warrant from the Pres- bytery of Kirkcaldy dispensing with proclamation of banns, granted same day, to Mary Scott, Countess of Buccleuch in her own right, daughter and heiress of Francis, Earl of Buccleoeh. She was then little more than eleven years old, having been born on 31 August 1647. Certain of her tutors, who were opposed to the marriage, took active steps to have the same annulled, and raised a summons of reduc- tion before the commissaries of Edinburgh at the instance of Sir John Scott of Scotstarvet, Patrick Scott of Tliirte- stane, and1 John Scott of Gorrenberry, as tutors, and certain 1 Edin. Tests., 21 January 1695. 2 All except Agnes (No. 6) mentioned in the bond of provision by him dated 28 August 1645. 3 Mertoun Writs. 4 Edinburgh Register of Marriages. 6 Marriage-contract dated same day, Mertoun Writs. 6 Edin. Reg. 7 Ibid., contract dated same day, Mertoun Writs. 8 Mertoun Writs. 9 Wilton Reg. of Baptisms. 10 Marriage-con- tract same day, Mertoun Writs. SCOTT, LORD POLWARTH 81 others as overseers appointed by her father, the grounds of reduction being the pupillarity of the parties. The Countess having been conveyed to Edinburgh and brought before the Court privately, declared her own free choice of a husband, avowed the consummation of the marriage, and declared her resolution to adhere to the same. The Court, however, sequestrated her person, and placed her in charge of the Countess of Mar and four other ladies, but on the repre- sentations of the Countess of Wemyss, her mother, and her friends, she was entrusted to the care of General Monck. On 20 April 1659 Sir John Nisbet of Dirleton, the Com- missary, decided the Countess was a pupil, and set aside the marriage, but on 31 August 1659, she having attained minority, the parties ratified the same by declaration dated 2 September following. Walter Scott, in consequence of said marriage, was created by King Charles u. EARL OF TARRAS, LORD ALEMOOR AND OAMPCASTELL for all the days of his natural life, by patent dated at Whitehall 4 September 1660. The Countess did not long survive her marriage, dying at Wester Wemyss 11 March 1661, and was interred in the family mausoleum at Dalkeith. The Earl went abroad in the year 1667 and visited France, Italy, and the Netherlands, and an account of his travels, written by himself, is preserved in the library at Mertoun. He joined the plot for the exclusion of James vn. from the throne, and on the discovery of the same, was apprehended and tried for treason in 1684. Having confessed his guilt and submitted to the King's mercy, he was brought to trial on 5 January 1685, found guilty, his dignities and estates for- feited, his armorial bearings ordered to be erased, and him- self to be executed. The judgment was, however, only formal, owing to his confession, and he obtained a remis- sion dated 29 January 1685, was liberated on a bond of caution for £3000, his estates restored in April 1686, and his honours and lands by a letter of rehabilitation under the Great Seal dated 28 June 1687. He engaged in the Revolu- tion in 1688, and died 9 April 1693, aged forty-nine, when his life dignities became extinct, and his estates passed to his eldest son. The Earl married, secondly, at Edinburgh,1 1 Edinburgh Marriage Register. VOL. VII. F 82 31 December 1677, Helen, daughter of Thomas Hepburn of Humbie, East Lothian, and had issue : — 1. Gideon of Highchester, born at Edinburgh 18 October 1678, was served heir to his father in the lands of Printadoes 7 September 1694, and died 1707. He married, first (contract dated 5 November 1697 1)» Anna, daughter of Sir Francis Kinloch, Bart., of Gilmerton, without issue ; and, secondly, 28 February 1700 2 (contract same day3), Mary Drummond, daughter of John, Earl of Melfort. She survived him and married, secondly, Sir James Sharp of Stonyhill, Bart., and died at St. Andrews 11 October 1754, leaving issue : — (1) Walter of Harden, who succeeded his cousin Robert in these lands 2 March 1710, and died at Nancy in Lorraine 13 November 1719, s.p. (2) John of Harden, served heir to his brother 5 March 1720, died June 1734.4 He married, 1719, Jean Erskine, daughter of Alexander, fourth Earl of Kellie. She died at her house at the south side of Hope Park, Edinburgh, 17 July 1735,6 leaving issue two daughters. (3) Mary, died unmarried. 2. William, born at Harden 6 January 1682, died young. 3. WALTER, of Whitefleld, after mentioned (twin with William). 4. Thomas, born at Harden 8 March 1687, died in France unmarried. 5. Francis, born at Harden 9 October 1691. 6. Helen, born at Harden 16 February 1680. 7. Elizabeth, born at Harden 15 September 1683. 8. Mary, born at Edinburgh 17 October 1684. 9. Agnes, born at Harden 4 February 1686. She was alive in 1738, when, being in straitened circumstances, she received two shillings Scots from the kirk- session of Minto.8 10. Ann, born at Harden 7 December 1688. 11. Margaret, born at Harden 19 October 1690. WALTER SCOTT, of Whitefield, born at Harden 6 January 1 Mertoun Writs. 2 Edin. Reg. of Marriages. 3 Mertoun Writs. 4 Edin. Tests., 27 October 1736; Lauder Tests., 29 April 1735. 6 Edin. Tests., 16 June 1736 and 13 August 1737 ; cf. vol. iv. 88. 6 Session Record. SCOTT, LORD POLWARTH 83 1682, was served heir to his nephew John in the lands of Harden 25 October 1734, and died in January 1746. He married, first (contract dated 7 April 17091), Agnes, daughter of John Nisbet of Nisbetfield, W.S., without issue ; secondly, at Thirlestane 10 July 1719 (contract same day 2), Agnes, only daughter of William Scott of Thirlestane; thirdly (contract dated at Cavers 13 February 1724 3), Ann, only daughter of John Scott of Gorrenberry ; and fourthly (contract 5 October 1736 4), Christian, eldest daughter of Henry Ker of Frogdean, without issue. He had issue by his second marriage : — 1. Christian, born at Harden 4 July 1721. Issue by third marriage : — 2. WALTER, his heir. 3. John, born at Harden 15 February 1729, died before 1735. 4. William, born at Harden 26 July 1730, died before 1735. 5. Francis, born at Harden 7 February 1732, of Beech- wood, merchant in India, died 4 August 1803 ; married, 28 March 1776, Mary, daughter of Sir Alexander Don, Bart., of Newton. She died 8 April 1819, leaving issue. 6. Jean, born at Bewlie 9 February 1726. 7. Helen, born at Bewlie 28 April 1727; married, 2 November 1756, to George Brown of Blliston,5 and died at Edinburgh 10 October 1765.6 8. Ann, born at Harden 23 April 1733. WALTER SCOTT of Harden, born at Bewlie 31 December 1724, was M.P. for the county of Roxburgh 1747, till he was appointed General Receiver of H.M. Customs in Scot- land in 1765, and died at Tunbridge 25 January 1793. He married, at Redbraes Castle, 18 April 1754, Diana Hume Campbell, third daughter of Hugh, third Earl of Marchmont and Lord Polwarth, de jure Baroness Polwarth, on the death of her niece, Anne, Baroness Polwarth, in 1822. She was born 4 June 1735, and died at Woodside 20 July 1827, aged ninety-two, having had issue : — 1 Mertoun Writs. 2 Ibid. 3 Ibid. * Ibid. 6 Scots Mag. 8 Ibid. 84 SCOTT, LORD POLWARTH 1. Walter, born at Doncaster 25 October 1755,1 died young. 2. HUGH, sixth Lord Polwarth. 3. Anne, born at Mertoun 10 February 1755,1 died 15 March 1819. 4. a daughter, born at Edinburgh 17 December 1756, and buried there. 5. Diana, born 30 July 1762 ; buried at Mertoun. VI. HUGH SCOTT of Harden, born at Mertoun 10 April 1758, was M.P. for the county of Berwick 1780-84, assumed the name of Hepburne on succeeding to the estates of Humble on the death of his cousin James Hepburne in December 1820 ; claimed and was allowed the barony of Polwarth by the House of Lords 25 June 1835, and died at Mertoun 29 December 1841. He married, at Harefield, Middlesex, 29 September 1795, Harriet Bruhl, daughter of Hans Maurice, Count Bruhl of Martinskirk, minister pleni- potentiary from Saxony, and his wife Alice Maria, Countess of Egremont. She was born 25 October 1772, and died 19 August 1853, having had issue : — 1. Charles Walter, born at Harefield 1 August 1796, died at Mertoun September 1804. 2. HENRY FRANCIS, seventh Baron Polwarth. 3. William Hugh, born at Brighton 11 May 1801, rector of Maiden Newton, Dorset, and prebendary of Sarum ; died 11 April 1868; married in July 1833, Eleanor Sophia, daughter of Rev. Charles Baillie-Hamilton. She died 4 September 1853, leaving issue. 4. George William, born at Mertoun 11 August 1804, rector of Kentisbeare, Devon, died 9 June 1830. 5. Francis, born at Mertoun 31 January 1806, barrister- at-law, and M.P. for the county of Roxburgh 1841-47, and for the county of Berwick 1847-63, died 9 March 1884; married, 22 July 1835, Julia Frances Laura, last surviving child of the Rev. Charles Boultbee and his wife Laura, sister and sole heir of George, fourth and last Earl of Egremont. She died 7 February 1868, leaving issue. 1 These dates are vouched for by contemporary entries in the Family Bible by the children's father. SOOTT, LORD POLWABTH 85 6. Harriet Diana, born at London 4 June 1797, died at Brighton 1 June 1816 unmarried. 7. Maria Annabell, born at Mertoun 9 June 1798. Married, May 1834, to Major-General George Charles Degen Lewis, Royal 'Engineers, and died 27 January 1844. 8. Elizabeth Ann, born at Sidmouth 24 January 1803. Married, 3 October 1835, to Colonel Charles Wyndham, of Rogate, Sussex, M.P., who died 18 February 1866. She died 21 August 1873, leaving issue. 9. Anne, born at Mertoun 3 March 1808. Married there, 27 December 1831, to the Hon. Charles Baillie of Jerviswood, one of the Senators of the College of Justice, who died 23 July 1879. She died 16 August 1880, leaving issue. VII. HENRY FRANCIS SCOTT, seventh Baron Polwarth, born at Brighton 1 January 1800, also assumed the name of Hepburne 1820, was M.P, for county of Roxburgh 1826- 32, Lord-Lieutenant of Selkirkshire 1845, a Lord-in-waiting to Queen Victoria, February to December 1852, and Feb- ruary 1858 to June 1859 and 1866-67, a Representative Peer 1843-67. Died at Mertoun 16 August 1867. He married, 11 November 1835, Georgina, daughter of George Baillie of Jerviswood and Mellerstain, sister to George, tenth Earl of Haddington. She died at Nice 2 April 1859, having had issue : — 1. WALTER HUGH, eighth Lord. 2. Henry Robert, born 6 January 1847, barrister-at-law, late captain East Lothian Yeomanry Cavalry. Married, 10 April 1880, Ada Home, second daughter of Oos- patrick Alexander, eleventh Earl of Home, and has issue. 3. Mary Lilias, born 9 July 1837, died 13 December 1839. 4. Helen Georgina, born February 1840, died 21 March 1868. 5. Katherine, born 8 October 1842, died 30 January 1899, unmarried. 6. Harriet Francis, born March 1845. Married, 17 October 1872, to the Hon. Henry Baillie-Hamilton, who died 20 November 1895, leaving issue. 80 SOOTT, LORD POLWABTH VIII. WALTER HUGH HEPBURNE - SCOTT, eighth Lord- Polwarth, born at Mertoim 30 November 1838, Lord- Lieutenant of Selkirkshire 1878, Representative Peer 1882-1900. Married, 30 January 1863, Mary, eldest daughter of George, fifth Earl of Aberdeen, and has issue :— 1. WALTER GEORGE, Master of Polwarth, born 7 February 1864, B.A. of University of Cambridge, lieutenant- colonel commanding 8th Battalion Royal Scots, chairman of the General Board of Commissioners of Lunacy for Scotland. Married, 23 November 1888, Edith Frances, eldest daughter of Sir Thomas Fowell Buxton, Bart., G.C.M.G., and has issue : — (1) Walter Thomas, born 22 April 1890. (2) Alexander Noel, born 14 October 1892. (3) Patrick John, born 25 April 1899. h) Helen Victoria, born 7 May 1891. (5) Margaret Mary, born 1 June 1895. (6) Edith Christian, born 20 August 1901. (7) Grizel Frances Katherine, born 28 November 1903. 2. Henry James, born 9 April 1866. Married, 8 June 1893, Elizabeth, third daughter of T. 0. Booth of Warlaby, Northallerton. 3. George, born 15 May 1871, M.A. Cambridge, M.D. Married, 10 April 1895, Anne Mary, younger daughter of J. O. Smith, Newport-on-Tay. 4. Robert, born 1 May 1873. 5. Charles Francis, born 18 August 1874, late lieutenant Lothians and Berwickshire Yeomanry, served in South Africa 1902-3. Married, 12 January 1905, Elma, daughter of Johnson Driver, Edinburgh, with issue. 6. Georgina Mary, born 31 December 1868. 7. Lilias, born 23 December 1875. 8. Mary Harriet, born 21 May 1877. 9. Grizell Katherine, born 25 April 1879. 10. Katherine Grace, born 19 October 1885. CREATION.— Baron Polwarth, 26 December 1690. ARMS (recorded in Lyon Register). — Quarterly : 1st grandquarter quartered, 1st, vert, a lion rampant argent ; 2nd, argent, three papingos, two and one, vert ; 3rd, gules, three piles engrailed argent ; 4th, argent, a cross engrailed SCOTT, LORD POLWARTH 87 azure ; over all on an escutcheon azure, an orange with the stalk erect slipped proper, and over it an imperial crown, for Baron Polwarth ; 2nd grandquarter, or, two mullets in chief and a crescent in base azure, for Scott of Harden; 3rd grandquarter quartered, 1st, gules, on a chevron argent a rose betwixt two lioncels combatant of the first ; 2nd, argent, three edock leaves vert, 3rd as the second, 4th as the 1st, for Hepburn of Htimbie ; 4th grandquarter as the 1st. CRESTS. — In the centre a lady richly attired, holding in her dexter hand the sun, and in her sinister a half moon, all proper ; on the dexter, issuing out of a man's heart or, an arm from the elbow proper, brandishing a scimitar of steel with cross and pommel of gold; on the sinister, an oak tree proper, and a horse passant argent, saddled and bridled gules, with the motto, ' Keep tryste above the horse.' SUPPORTERS. — Dexter, a lion rampant reguardant argent, langued gules ; sinister, a mermaid holding in her sinister hand and resting on her shoulder a mirror, all proper. MOTTOES. — Reparabit cornua Phcebe and Fides probata coronat. [F..J. Exch. Rolls, v. 584. 10 Ibid., vii. 408, 480. » Ibid., ix. 576. 12 Ibid., ii. 395. 13 Oliphants in Scot., 17. 14 Crawfurd's Peerage. 15 Macfarlane's Gen. Coll., \i. 103. HOLLO, LORD ROLLO 185 ROBERT ROLLO. Beyond the fact that he entered into the agreement mentioned above there is no record of him. He died in his father's lifetime, and was the father of WILLIAM ROLLO of Duncrub. On the 24 September 1476, as * Vilzham Rowok of Ff yndone,1 he entered into an agree- ment with Laurence, Lord Oliphant.1 He was served heir of his grandfather, Andrew, of Duncrub, on 9 July 1481 .!i In 1481 he got sasine of part of the lands ' Balngaw ' [Ballingal], in Fifeshire.3 By charter, dated at Oupar 12 June 1489, William Rollok of Fyndenew and laird-portioner of Ballingale, granted a charter of his part of the lands of Ballingale, Fifeshire, to Walter Heriot of Lathone.4 William Rollok of Duncroub is mentioned in a charter of date 21 August 1504.5 On 26 August 1511 the King granted to William Rollok of Duncrub a charter incorporating the lands of Duncrowb, Laidcaty, Pettinskeich, the Kirktoun of Dunnyng, and Fyndony into the free barony of Duncrub, and erecting the lands of the Kirktoun of Dunnyng into a free burgh of barony.6 William Rollo took sasine in terms of this charter in the following year, 1512,7 and it was rati- fied in Parliament by Charles n. on 12 July 1661. 8 He died between 1512 and 28 October 1513, and may have been slain with his son at the battle of Flodden, 9 Septem- ber 1513.9 He married a lady of the family of the Oliphants.10 He had issue : — 1. ROBERT of Duncrub. 2. Humphrey, who is first mentioned in 1508.11 On 25 January 1526-27 Walter Bonar of Kelty, and others were respited for oppression of Andrew of Duncrub, and * Umfredus Rollok.' 12 In 1535 he received an assedation and letters of bailiary, bestowing on him the keeping of the castle of Kildrummie and the bailiary of the barony for nine years from Whitsunday 1535.13 Humphrey thereupon ejected John Blphin- 1 Oliphants in Scot., 20. 2 Crawfurd's Peerage. 3 Exch. Rolls, ix. 681. 4 Reg. Mag. Sig., U July 1489. 6 Ibid., 20 April 1505. 6 Reg. Mag. Sig. 7 Exch. Rolls, xiii. 664. 8 Laing Charters, 2550; Acta Parl. Scot., vii. 248. 9 Wood's Douglas's Peerage. 10 Crawfurd's Peerage ; Wood's Douglas's Peerage. u Reg. Sec. Sig., i. 1930. 12 Ibid. 13 Elphinstone Book,i.81,82. 186 ROLLO, LORD ROLLO stone who held these offices. 'Umphrey Rollok in Pindoun' was depute of William, Lord Ruthven, Sheriff of Perth, 27 November 1546,1 and of Patrick, Lord Ruthven, 30 March 1555-56.2 He married, before 22 December 1541, Jonet Graham,5 and he and his wife were both alive in 1552.4 3. a daughter, married to Walter Drummond of Broich and Balloch.5 ROBERT ROLLO of Duncrub. He first appears as witness to a charter at Fornoth on 21 August 1504, wherein he is designed as son and heir-apparent of William Rollo of Dun- crub.8 He was slain at the battle of Flodden, 9 September 1513, for his son Andrew, who succeeded him, received sasine of Duncrub on 28 October following, while he was still a minor, a privilege which was granted by Act of Parliament on 28 August preceding the battle to the sons of those who should fall in the campaign.7 He married Jonet Grahame, who is said to be a daughter of William, Lord Graham, by his wife Annabella, daughter of John, Lord Drummond.8 By his wife, who survived him, he had at least two sons and one daughter : 9 — 1. ANDREW of Duncrub. 2. William, ' patruus ' of George Rollo of Duncrub, who witnessed a charter to his nephew of the lands of Petmady, etc., at Perth, 18 March 1572.10 3. a daughter, probably Beatrix, married to Oliver Sinclair of Quhitkirk.11 Robert Rollo of Duncrub was probably also the father of 4. David, of Kincledie and Powis. ' Mr. David Rowok,' notary public, witnessed a charter at Edinburgh, 5 December 1537.12 By charter dated 4 June 1556, the Provost of Trinity College Church, Edinburgh, granted to Mr. David Rollok and Mariota Livingstone, his wife, and their heirs-male, etc., whom failing, to William Rollok, natural brother of Mr. David, * the 1 Reg. Mag. Sig. 2 Seventh Rep. Hist. MSS. Com., 714. 3 Duncrub Inventory. * Protocol Book, Robert Rollok, f . 52 ; Cal. Reg. Ho. Charters, Nos. 1559, 1560. 5 House of Drummond, 60. 6 Reg. Mag. Sig., 20 April 1505. * ActaParl. Scot., ii. 278; Scot. Antiquary, xiii. 168. 8 See Records of Parliament, 135. 9 Ibid. 10 Reg. Mag. Sig. , 22 December 1574. " Ibid. , 10 July 1574. 12 Ibid. , 13 December 1537. ROLLO, LOUD ROLLO 187 lands of Pows,' in the barony of Plane, Stirlingshire.1 Sometime before 1563 * The Kerklands of the parochin of Donyn callit Kincladie and teind schavis thairof ' were * set in few to Mr. David Rollok.' 2 By charter of date 1 May 1573 the Canon of Glasgow, etc., granted to him and his wife the lands called 'the Personis Croft,' etc., in the city of Glasgow.3 He died 14 March 1578.4 By his wife, Marion Living- stone, he had, with four daughters : — (1) David, of Powis, who carried on the line of Powis, of which the late Hugh James Hollo, W.S., was heir-male.5 (2) Hercules, master in the High School of Edinburgh, and writer of Latin verses.6 (3) Robert, a celebrated divine, and first Principal of the Uni- versity of Edinburgh, who died 8 January 1598-99, having married Helen, daughter of James, Baron of Kinnaird, merchant, Edinburgh, by whom he had one daughter, Jean? married to Robert Balcanquhal. (4) Thomas, advocate, married Annabel Forrester, relict of James Sinclair of Banks, and had, among other issue,8 i. Henry, of Woodside, minister in Edinburgh, who married Helen Elphinstone, fourth daughter of Alexander, Lord Elphinstone, and widow of Sir "William Cockburn of Langton, and died 2 June 1649, leaving issue.9 The Woodside branch ended in the male line with his grandson Sir Henry Rollo of Wood- side, whose eldest daughter, Mary, married Rqbert, fourth Lord Rollo, 4 June 1702. ANDREW ROLLO of Duncrub was under age when he succeeded his father. In virtue of the Act of Parliament referred to above,10 he, notwithstanding his nonage, obtained sasine of Duncrub on 28 October 1513.11 On 25 November 1513, John, Lord Drummond, became surety for 'Jonet Grahame,' relict of Robert Rollo of Duncrub, that the pro- fits of the lands and goods of the said Robert should be preserved for the benefit of Andrew and his 'brethir and sister.' 12 In 1526 Walter Bonar of Kelty and others were indicted for forethought felony and oppression done by them to Andrew Rollo of Duncrub and his friends in coming to the Parish Church of Dunnyne.13 On 21 May 1540 the lands 1 Reg. Trin. Coll. Church (Bannatyne Club), 118. 2 Liber Insule Sfissarum, 99. 3 Reg. Mag. Sig., 10 January 1579-80. 4 Stirling Tests. ft Stodart's Scottish Arms, ii. 297. 6 Diet. Nat. Biog. 7 Ibid. 8 Gibson's Larbert and Dunipace, 64. 9 Elphinstone Book, i. 167. 10 Acta Parl. Scot., ii. 278. n Exch. Rolls, xiv. 519. 12 Records of Parliament, 535. 13 Pitcairn, i. 240. 188 ROLLO, LORD ROLLO of Bello, Bakello, and Petty, the patrimony of his wife, were incorporated by royal charter in the barony of Dun- crub, which on his resignation was granted to him in life- rent, and to his son and heir-apparent George in fee.1 In 1547 he bought the lands and barony of Edindonyng from Alexander Thane.2 On 27 August 1560, he purchased from the chaplains and vicars of the Metropolitan Church of Glasgow and Oulross the lands of Easter Rossy in Perth- shire, which had been held by him and his predecessors on leases beyond the memory of man.3 He died in December 1565,4 having married Marion, daughter and heir of David Rollo of Menmure 5 (she is so styled in 1551 8), and had issue : 7 — 1. GEORGE of Duncrub. 2. JAMES of Duncrub. 3. Sir Walter, successively of Petmady, of Lawton, of Gairdin, tutor of Duncrub. On 23 March 1576-77 he received a charter of the lands of Petmadie, etc., resigned in his favour by Lawrence, Lord Oliphant.8 On the death of his brother James of Duncrub, in May 1584, he became tutor of James' son and heir, Andrew of Duncrub.8 On 13 July 1592, James Stirling of Feodallis, tutor-dative to Marion Oreichtoun, daughter of the late Mr. Robert Oreichtoun of Eliok, complained to the Privy Council that, on 29 June previous, Robert Creichtoun of Oluny and his friends, including Walter Rollok, tutor of Duncrub, violently carried away the said Marion from the house of Henry Stirling of Ardoch. Failing to answer the charge, they were denounced rebels.18 On 25 September following, they found caution to produce the said Marion and to answer the complaint on 12 October next.11 'The richt honorabill Walter Rollok of Pitmedden, tutour of Duncrub, Petir, bishope of Dunkeld, Williame Rollok of Balbegy, and Andro Rollok of Oorstoun, breither to the said Walter, Umphra Rollok at the 1 Reg. Mag. Sig. * Ibid., 18 July 1547. 3 Ibid., 4 November 1579. 4 Acts and Decreets, xxxvii. 196 ; Exch. Bolls, xx. 455. 6 Accounts of Lord High Treasurer, vi. 372. 6 Acts and Decreets, v. 246. 7 Reg. of Deeds, xxii. 60. 8 Reg. Mag. Sig. ° Acts and Decreets, cvi. 328. 10 P. C. Reg., iv. 770. » Ibid., 570. ROLLO, LORD ROLLO 189 mylne of Fyndany, Robert Rollok of Muretoun, and Robert Rollok of Bakak [? Polcak], the chief men and principallis of our kin,' consented to letters of slains by John and George Rollok of Dundee to George Ross of Balnagowan for the slaughter of their brother Patrick, servitor to Sir Thomas Lyon of Auldbar, knight, Master of Glamis, by Nicholas Ross of Pitcalnie, dated at Dundee 10 August and 22 March 1595.1 There were also letters in the same terms dated at Edinburgh and Dundee July 1596, but the chief men of the Rollos are given as follows : * Petir, Bischope of Dunkeld, Walter Rollok of Pitmeday, tutour of Duncrub, William Rollok of Balbegye and James Rollok, his son, and Mr. Thomas Rollok, advo- cate.' 2 In 1596 he was knighted, and about the same time acquired the lands of Lawtoun, for on 24 May 1596 he is described as * Walter Rollok of Lawtoun, knight.' 3 On 25 February 1597-98 he entered into a contract of excambion, by which, in exchange for a sum of money and his lands of Lawton, in the barony of Kinbrachmonthe, he received the barony of Gardin,4 of which he obtained a Grown charter, to him and the heirs-male of his marriage with Jean Stewart, on 19 September 1601 ; and on 17 October 1601 he entered into another contract by which Gardin was to be exchanged for ' Airly wicht,' but the contract was not carried out till after his death.5 He died on 27 May 1603.6 He seems to have been twice married. By his first wife, whose name has not been ascer- tained, he had issue : — (1) George. ' George, eldest lawfull son of umquhill Sir Walter Hollo of Gairdin,' was ordered to be apprehended for a civil debt 30 May 1605. 7 (2) John of Pitmeadie and Piltoun. He is frequently designated ' nephew ' of Peter, Bishop of Dunkeld, to whose lands he .succeeded as heir of provision. On 17 March 1604 Pitmeadie had been granted to Mr. Thomas Rollock, advocate,8 and by charter of date 23 April 1607, proceeding on Thomas Rollok's resignation, the lands of Pitmeadie, etc., were granted to 1 Sixth Rep. Hist. MSS. Com., 717. 2 Button MS., ix. 39 ; see also Pitcairn, ii. 63. 3 Beg. Mag. Sig., 16 January 1601. * Warden's A ngus, iv. 72. 5 Reg. Mag. Sig., 18 September 1606 and 1 July 1607. fi Edin. Tests. T P. C. Reg., vii. 52. 8 Reg. Mag. Sig. 190 ROLLO, LORD ROLLO Mr. John Bollok and Cristina Justice, his wife.1 He passed as an advocate on 6 January 1608,2 and was subsequently appointed commissary of Dunblane and later Sheriff-Depute of Stirling.3 He lived to a great age, being still alive in 1661, when he petitioned to be reinstated in his office,4 of which he had been deprived under the Commonwealth. He married, 8 January 1607, Christian Justice, daughter of William Justice, merchant burgess of Edinburgh,6 and had issue :— i. Peter of Pilton, who was on the committee of war for Edinburghshire, 1649.8 He died in April 1653.7 He married, first, Elizabeth, daughter of James Hali- burton of Kirkton of Essie, merchant burgess of Edinburgh, by whom he had a daughter, (i) Christian. He married, secondly, Marie Stirling, by whom he had a son, (ii) John of Pilton. On 27 July 1654 the lands of Pilton and others were apprised from him and his sister Christian.8 ii. Walter, who graduated at Edinburgh University 15 April 1645.9 He married, secondly (contract 10 October 1591), Jean Stewart, youngest daughter of James, fifth Lord Innermeath10 (who married, secondly, Sir Alexander Jardine of Applegarth), by whom he had issue : — (3) Andrew, who, on 14 January 1604, was served heir-male to his father by his wife, Jean Stewart, in the barony of Gairdin.11 On the same date his uncle, William of Balbegy, was served tutor to him.12 In terms of the contract of excambion made by his father he disponed the barony of Gardin to Sir Robert Crichton of Cluny, assignee of William Ruthven of Ballindene ; and he also assigned Airlywicht to Sir Robert.13 He chose curators on 12 March 1607,14 the next-of-kin on the father's side being Mr. Peter Rollok, Bishop of Dunkeld, and Mr. John Rollok of Pitmeadie. He died without issue before 5 August 1635. 15 (4) Peter.16 Captain Peter Rollo was charged with complicity in the burning of Frendraucht, and, on 3 February 1631, he appeared personally before the Privy Council and obliged himself to appear again at any time before the end of March on intimation being made at the domicile of Mr. Peter Rollock of Piltoun, his uncle, under pain of 5000 merks. The charge against him was, however, with- drawn.17 On 5 August 1635 he was served heir to his 1 Reg. Mag. Sig. * Faculty List. 3 P. C. Reg., passim. * Justiciary Records, Scot. Hist.Soc., i. 19. 5 Edin. Marr. Reg. 6 ActaParl. Scot., vi. 7 Edin. Tests. 8 Reg. Mag. Sig. , 28 July and 4 August 1654. 9 Sir T. Hope's Diary, 217. 10 Reg. of Deeds, xlvi. 452. " Forfar Retours, 38. 12 Inq. Tut., 42. 13 Reg. Mag. Sig., I July 1607. " Acts and Decreets, ccxrvi. 143. 15 Gen. Retours, 2153. w Sir Walter's Test. 17 P. C. Reg., 2nd ser., iv. 135, etc. ROLLO, LORD ROLLO 191 father, Sir Walter Hollo of Lawton.1 He married, after 1626 and before 11 February 1634, Mary Stewart, daughter and coheiress of John, fifth Earl of Atholl, and relict of James, second Earl of Atholl of the Innermeath line. * (5) Elspeth* (6) Christian* 4. William of Croftis and Balbegie, burgess of Dundee. As nearest agnate he was served tutor to Andrew, son of Sir Walter of Gardin, 14 January 1604. In 1604 there was turmoil in Dundee, caused by a clique, headed by William Rollo of Balbegie, ambitiously aspiring to the government of the burgh. William Rollo was elected Provost, but the Privy Council declared the election void, and confined him in Stirling for two years.5 He died between 12 April 1610 and 13 December 1612.6 He was twice married, but the name of his first wife does not appear. He married, secondly, after 1588, Elizabeth, daughter of Peter Hay of Megginch, and widow of Gilbert Gray of Bandirran.7 She died 1 April 1600.8 He had issue : — (1) James of Balbegy, married Euphame Ramsay,9 with issue :— i. James of Monkisholm, who married Margaret, daughter of William Goldman, bailie of Dundee,10 and died before 22 February 1656.11 . ii. Euphame, married to Andrew, eldest son of Charles Rollo, burgess of Perth. (2) George.™ (3) Robert, burgess of Dundee.13 (4) Jonet.u (5) Isabel, married to George, son of Peter Hay of Rattray.16 5. Andrew of Oorstoun was, with his brothers, accused by Lord Elphinstone of oppression on 26 August 1579.18 On 17 May 1584 Andro Rollok, brother of the Laird of Duncrub, was one of thirty-nine guilty or suspected persons charged to appear and answer before the Council when warned, under pain of rebellion." He was living 26 July 1611.18 6. Peter of Pilton, Bishop of Dunkeld, and Lord of Session. 1 Gen. Retours, 2153. 2 Scots Peerage, i. 448. 3 Sir Walter's Test. ; Edin. Tests., 26 October 1603. * Ibid. 5 P. C. Reg., vii. 292, 735. 6 Ibid., viii. 452 ; ix. 509. 7 Scots Peerage, v. 220. 8 Edin. Tests. 9 Reg. Mag. Sig., 1 February 1621. 10 Laing Charters, 2352. u Forfar Retours. 12 Reg. Brechin, ii. 362. 13 Reg. of Deeds, cclxxviii. 131. u P. C. Reg., ix. 509. 16 Reg. of Deeds, vol. cclxxx, 18 January 1619. 18 P. C. Reg., iii. 220, 225. » Ibid., 664. 18 Reg. Mag. Sig., 3 March 1612. 192 ROLLO, LORD ROLLO He was educated for the law both at home and abroad, and passed advocate prior to 1573.1 His Majesty's licence for election [as titular Bishop of Dunkeld] was granted to the Dean and Chapter 28 February 1584, and his letter for consecration 26 March 1585.2 The General Assembly in 1586 appointed a commission of ministers to try him, * if they found any occasione of slander in his life and conversatione and doctrine.' 3 As the patrimony and rent of the bishopric had become exhausted by the grants of his predecessors, an Act of Parliament was passed, on 8 June 1594, whereby in consideration of ' the ser- vice and guid offices done be the said Piter, bischoip of Dunkeld, in the publict affaires of the kirk and commoun weill of this countrie ' the superiority of the temporality of the bishopric was granted to him for life.4 In July 1587 he was appointed a member of the Privy Council.5 On 8 March 1595 the King put him on a leet of three for a vacant judgeship in the Court of Session, but he was not elected by the Lords of Session.6 On 19 May of the following year, how- ever, he was admitted an Extraordinary Lord on the resignation of the Earl of Montrose.7 He ac- companied the King to England in 1603,8 and was naturalised there, and had an appointment as Comp- troller of the Household.9 He returned to Scotland before March 1605, 10 when negotiations were in progress for obtaining his surrender of the bishopric of Dunkeld. On 19 January of that year the lords commissioners of the kirk pointed out to the King that the bishopric was held by one who had no public function in the kirk and that it was an ex- ceedingly poor see, scarcely worth 400 merks Scots, and asked that it might be conferred on a clergyman, James Nicolson. Lord Balmerino and the Laird of Lauriston were deputed to treat with Rollock, to whom the King proposed to grant the deanery of 1 Diet. Nat. Biography, citing 'Books of Sederunt.' a Fasti, i. 837. 3 Book of the Universal Kirk, 667, 690. * Acta ParL Scot., iv. 76. 5 Ibid., iii. 444. 6 Brunton a,nd Haig, citing ' Books of Sederunt.' 7 Ibid. 8 Spottiswoode, 476. 9 Keith's Bishops, 98; Fasti, ii. 837. 10 P. C. Reg., vii. 24. BOLLO, LORD ROLLO 193 York by way of compensation.1 Eventually Rollock demitted the bishopric in February 1607, receiving £20,000 Scots in lieu of the deanery of York,2 and was thenceforth known as Mr. Peter Rollock of Pilton.3 On 20 December 1609 he was deprived of his office as an Extraordinary Lord of the Session, and Mr. John Spotswood, Bishop of Glasgow, put in his place.4 Rollock wrote to the King, claiming to have served him faithfully, and praying for a renewal of the royal favour.5 The whole Scottish bench of fifteen Lords supported Rollock's appeal, in a joint letter to the King of date 11 January 1610.6 On 5 April 1610 the King by letter ' restored him to his place extra- ordinar,' and on 16 May he took his seat with the title of Lord Piltoun,7 and continued in his post till 1 February 1620, when he resigned, and was succeeded by Lord Erskine.8 An attempt was made on his life on 21 September 1611. Two sons of Matthew Finlayson of Killeith, with whom he had a lawsuit, waylaid him at the back of Inverleith on his way from Restalrig to Pilton House, and shot at him with pistols, which, however, missed fire.8 On 30 April 1616 he was re-admitted to the Privy Council,10 from which he had been removed in 1610, and attended its deliberations with great regularity till 25 September 1625.11 He died between 31 March 1631 and 30 June 1632.12 He married, first, c. 1594, Christian Cant, sister of Captain David Cant, and widow of Colonel Sir Henry Balf our and of Captain John Balfour ; 13 and, secondly, Elizabeth Weston, widow of John Fairlie of Bruntsfield, who was his future wife 1 September 1607, and who died October 1621. 14 He had no lawful issue, but left a natural son, Walter, who was with his father when the above- mentioned attempt on his life was made. 1 Original Letters relating to the Ecclesiastical Affairs of Scotland, i. 11, 359*. 2 Fasti, ii. 837. 3 P. C. Reg., vii. xix. * Calderwood, vii. 53. 6 Original Letters, ut supra, 223. 6 Ibid., 225 ; Melrose Papers, 76. 7 Brunton and Haig; see also Letters, etc., of James VI., 186. 8 Brunton and Haig, citing Pitmedden MS. 8 P. C. Reg., ix. 260. 10 Ibid., x. u Ibid., 2nd set., i. 136. 12 Ibid., 2nd ser., iv. 193; Reg. Mag. Sig., 30 June 1632. " Laing Charters, 3314 ; Scots Brigade in Holland, i. 43. 14 P. C. Reg., ix. 84. VOL. VII. N 194 ROLLO, LORD ROLLO 7. Marjorie, married, first, about 1555,1 to George Graham of Inchbrakie ; and, secondly, about 1579,2 to John Graham of Balgowne. She died 24 February 1625.3 8. Mary, married to Laurence Oliphant of Newton, and had issue.4 9. Janet, who, on 20 March 1554-55, was offered in marriage to John Oallander, grandson and heir of Robert Oallender of Maner.5 She was married to Andrew Blair of Rossieochill.6 10. Margaret, married to William Drummond of Belli- clon.' Andrew Rollo of Duncrub had also two illegitimate sons, 11. Humphry, 'at the Mylne of Pindone,' who received letters of legitimation 14 January 1588-89.8 He died in France 12 June 1601. 9 He married Ohristiane Ohalmer, with issue one son, Humphry. 12. Charles, burgess of Perth,10 who witnessed the Letters of Stains mentioned above. GEORGE ROLLO of Duncrub was infeft in the barony of Duncrub on his father's resignation in 1540,11 and was served heir of his father in the barony of Edindonyng I November 1573, and received sasine of the same, which had been eight years in non-entry, 12 March 1573-74.12 On 5 November 1569 he sold the lands of Balkello to Gilbert Ogilvy of Ogilvy.13 He acquired the lands of Petmady and others in the stewartry of Strathearn, and received a Grown charter of these lands to himself in liferent, and to his brother Walter and his heirs in fee, of date 23 March 1576-77.14 He got a confirmation of a charter, formerly granted to the late Andrew Rollo of Duncrub, of the lands of Easter Rossie, etc., dated 4 November 1579.15 He died 6 May 1581.18 He married, about November 1549, Isobella, 1 Or and Sable, 20. 2 Ibid., 27. 3 St. Andrews Tests., 11 March 1625. 4 Oliphants in Scotland, Ixxii. 6 Protocol Book of J. Harlaw in Register House. 6 Condie Charters. 7 House of Drummond, 163 ; Liber Insule Missarum, 133. 8 Reg. Mag. Sig. 9 Edin. Tests. 10 Reg. Mag. Sig. II Ibid. 12 Perth Retours, 32; Exch. Rolls, 20, 455. 13 Reg. Mag. Sig., 24 November 1569. 14 Ibid. 16 Ibid, w Crawfurd; Exch. Rolls, xxi. 474. BOLLO, LORD HOLLO 195 only daughter of Sir William Moncreiff of that Ilk,1 but had no issue, and was succeeded by his brother James. JAMES BOLLO of Duncrub. In 1534 he held a position in the Boyal Household.2 Between 1541 and 1546 he acquired from Alexander Thane certain lands in the barony of Edindonyng, and from them is sometimes designated as of Thanesland.3 He succeeded his brother George in May 1581, and on 1 June 1582 he took sasine of the baronies of Duncrub and Edindonyng.4 On 21 May 1582 he was served heir of his brother George in an annualrent of six merks of lands of Haltoun of Inneraritie in Over-Corstoun, in Mill of Cambistoun in the barony of Downie, and in an annualrent of 40s. of the lands of Balkerrie in the barony of Essie. He died in May 1584. 6 He married (contract 5 January 1569-70') Agnes, daughter of Bobert Oollace of Balna- moon (who married, secondly, Peter Oliphant of Turings), by whom he had issue : — 1. ANDREW, first Lord Bollo. 2. Archibald. 3. Marion, married (charter in implement of contract 1 January 1608) to Sir James Bruce of Powfoulis, and died 24 December 1642.8 4. Elizabeth, married, as second wife (contract 31 July 1598), to Sir James Stewart of Ballechin, and had issue.8 I. ANDREW BOLLO of Duncrub was born in 1577, and being in pupillarity on his father's death in 1584, his uncle, Sir Walter Bollo of Garden, administered his affairs. He received sasine of the baronies of Duncrub and Edindonyng on attaining majority on 29 January 1598-99.10 On 9 July 1603 John Grahame of Balgowne became cautioner for him in £100 to buy from Sir Michael Balfour the legal outfit of arms.11 He was knighted by James vi. before 1613. On 12 1 Reg. Mag. Sig., 28 February 1552-53. 2 Accounts of Lord High Treasurer, vi. 203. 3 Laing Charters, 451 ; Third Rep. Hist. MSS. Com., 406. 4 Exch. Rolls, xxi. 474. 5 Forfar Retours, 565. e Crawfurd. ''Deeds, xiii. 124. 8 Stirling Tests. ; Proc. of Soc. of Antiq., xiii. 168. 9 Reg. of Deeds, cxxii. 1 September 1606; Douglas's Baronage, 489 ; Stewart's Hist., 109 ; Reg. Mag. Sig., 21 February 1604. 10 Exch. Rolls, xxiii. 423. » P. C. Reg., vi. 795. 196 ROLLO, LORD ROLLO November 1613 he was appointed a Justice of the Peace for Perthshire.1 He was one of the Commissioners of the Barons in the Parliaments of 1621 and 1630 ; 2 and voted for the ratification of the Articles on 4 August 1621. 3 On 13 June 1622 he and his eldest son James received a licence to go abroad for three years.4 In 1633 he was appointed Sheriff of Perthshire. On 24 September 1638 he was appointed a Commissioner to superintend the subscribing of the King's Covenant in the county. He does not appear to have taken an active part in the civil wars owing to advancing years. At first his sympathies were with the Covenanters, but after the execution of Charles I. he joined the Royalist party. By letters patent, dated at Perth 10 January 1651, Charles n. created him LORD ROLLO OF DUNORUB,6 with remainder to his heirs-male whomsoever. In 1654 he was fined by Oliver Cromwell £1000 sterling,6 for his adherence and attachment to the royal family. He added considerably to the family estates. In 1615 he pur- chased Kincladie from David Rollo of Powis; on 26 June 1621 he received a Crown charter of the barony of Rossie ; 7 on 5 February 1639 he purchased the lands of Kippans, etc., in the barony of Gleneagles, Perthshire ; 8 and in 1644 he obtained a Crown charter of the barony of Tillicultrie in Glackmannanshire, which was united to the barony of Duncrub.9 He died on 22 May 1659," having married Catharine Drummond, youngest daughter of James, first Lord Maderty,11 and had (besides four children who died young) :— 1. JAMES, second Lord Rollo. 2. Sir John, of Bannockburn, born 22 February 1602.12 On 25 July 1636 Charles I. granted to John Rollo, second son of Sir Andrew Rollo of Duncrub, knight, and Isabella Cockburn, his wife, a charter of the lands of Bannockburn and Skeok in Stirlingshire. The charter incorporated these lands into the free barony 1 P. C. Reg., x. 168. 2 Ada Part. Scot., iv. 5936 ; v. 208a. 3 P. C. Reg. xii. 549, 558. * Ibid., xii. 738. 6 Reg. Mag. Sig. 6 Ada Parl. Scot., vi. pt. ii. 320. 7 Reg. Mag. Sig. 8 Ibid. 9 Ibid. 10 Family MS. n Ibid. ; House of Drummond, 185. 1J Family MS. Hereafter, unless otherwise stated, details of births, deaths and marriages are derived from a Family MS. ROLLO, LORD ROLLO 197 of Bannockburn.1 In 1643 'John Rollo of Bannock- burn ' was one of the Commissioners for Stirling- shire,2 and he sat on committees of war 1643-44 and 1648-49. In 1652 * Sr. Jo. Rolock of Bannockburne ' is one of the signatories to a commission appointing two representatives of Stirlingshire to a congress, whose object was the incorporation of Scotland in England.3 He was therefore knighted between 1649 and 1652, probably by Charles n. on his visit to Scotland. In 1661-63 Sir John Rollo of Bannockburn is mentioned among the Commissioners of Supply for Stirlingshire.4 He was one of those who were excepted from the full benefits of the Act of Indem- nity 1662, and was fined £600 for his disloyalty during the recent troubles.5 In 1663 he was appointed a Justice of the Peace. He died in March 1666, and leaving no issue-male he was succeeded in the barony of Bannockburn by his nephew Andrew, Lord Rollo, who was served heir-male and conquest-special to him in the same on 14 March 1672. In this retour he is described as * miles baronettus,' but this is an error. He married, first (contract 10 September 1635),8 Isabella, daughter of Sir William Cockburn of Lang- ton, knight, by whom he had issue : 7 — (1) Marion, married, first, to Robert Forrest, minister at Abbotshall; and, secondly, to James Bruce, alias Forsyth of Garvell.8 (2) Helen, married to James Pearson of Kippenross, and had issue. (3) Anna, married to George Graham of Pitcairns, afterwards of Monzie, and had issue. Sir John married, secondly, Annabel, daughter of Sir John Buchanan of that Ilk,9 by whom he had issue : — (4) Annabella, married, on 27 February 1677, by Robert, Bishop of Brechin, within the North-East Kirk, to David Drummond of Invermay.10 She died in February 1693, and was buried in Holyrood Abbey Church.11 1 Reg. Mag. Sig. 2 Ada Parl. Scot., vi. 3 Stirlings of Keir, 458. 4 Acta Parl. Scot., vii. 6 Ibid., vii. 427a. 6 Reg. of Deeds, ccccxei. f. 447. 7 Rollo Writs. 8 Fasti, ii. 520 ; Mor. Diet., 5796, where she is, however, incorrectly called sister of Lord Rollo. 9 Gen. Reg. Inhib., 26 July and 7 August 1667. 10 Edin. Marr. Reg. u Greyfriars Reg. 198 ROLLO, LORD ROLLO He married, thirdly (contract 27 August 1654), Helen, daughter of Sir William Sinclair of Roslin,1 by whom lie had : — (5) Joanna, married, in 1678, to Sir Alexander Innes of Cockstoun.2 (6) Isabella, who died, unmarried, before 8 May 1683.3 3. Laurence of Rossy, born 15 March 1604.4 In a Crown charter, dated 5 February 1639, he is described as * Master Laurence Rollo, third lawful son of Sir Andrew Rollo of Duncrub, knight.'5 He was a Royalist, and taken prisoner by the Covenanters and lodged in St. Andrews in December 1645.8 On 28 July 1662 'Mr. Laurence Rollo of Rossie' was appointed on a commission for trying witches.7 He married Catherine, daughter of Alexander Peebles, Provost of Perth.8 4. Andrew, born March 1605. 9 Graduated at St. Andrews in 1626. He was appointed minister of Duns in 1637 ; was deposed by the General Assembly, 1638, for signing a declinature of their authority, but on declaring his recantation in the parish church was reponed. In July 1649 he was again deposed, but this sentence was taken off by the Synod of Perth and Stirling on 13 October 1652.10 In the same year he became minister of Dunning. He married, first, Isabella, daughter of Mr. David Lindsay of Dun- kenny, Bishop of Edinburgh ; " secondly, in May 1654, Helen Oliphant, eldest daughter of William Oliphant of Pitlochie, widow of Mr. Patrick Murray of Wood- end, who had died before May 1648 ; 12 thirdly, on 2 June 1659, Helen Mercer, widow of James Orichton of Wester Aldie.13 He died in May 1668, leaving . 14 issue : " — (1) Andrew, who died, without issue, before 4 January 1672. 16 (2) David, apprenticed to Mungo Wood, merchant in Edinburgh, 9 September 1663. 16 He married, on 15 September 1668, Bethia, daughter of Mr. Robert Laurie, Bishop of Brechin.17 1 Gen. Reg. Inhib., ut supra. 2 Riddell's MS. Baronetage. 3 Stirling Tests. * Rollo Writs. 5 Reg. Mag. Sig. 6 Ada Parl. Scot., vi. pt. i. 488. 7 P. C. Reg., 3rd ser., i. 245. 8 Rollo Writs; Reg. of Deeds, Dxlvii. 429. 9 Ibid. 10 Fasti, ii. 757. ".Rollo Writs. " Perth Sasines, viii. 26; Gask Charters at date. 13 Perth Sasines, i. 462. u Dunblane Tests. 15 Gen. Retours, 5535. 16 Reg. Apprentices. 17 Edin. Reg. ROLLO, LORD ROLLO 199 (3) Isabel, married to James Blair of Corbs. (4) Jean, married (contract 5 September 1665) to John Stewart of Killiechassie.1 5. Sir William Rollo, born March 1613.2 He graduated at the University of Glasgow, towards the library of which he contributed £20, c. 1635.3 He was an active and consistent Royalist throughout the troublous times in which he lived. Despite a congenital lame- ness he joined the King's army, and when Montrose came to Durham on 15 March 1644 'Captain Mr. William Rollock, captain of General King's life-guard of horse,' finding his own commander too *slow,' became ' Major with the Earl of Montrose.' For the rest of his life he was one of the most devoted and trusted of Montrose's officers. He took part in the abortive attempt on Scotland in the spring of 1644. Later in the summer he and Lord Ogilvy, meanly disguised, were despatched into Scotland, where they travelled for a fortnight, bringing back despairing news of the King's cause ; and when Montrose decided to steal secretly into Scotland, disguised as a groom, Major Rollo was one of his two chosen com- panions and guides. On 1 September was fought the battle of Tippermuir, which resulted in a victory for Montrose, whose cavalry is said to have consisted of three horses, ' whereof two were for his own saddle, and the third for Sir William Rollock 's, who being somewhat lame from his childhood, could not well march on foot.'4 William Rollo had charge of the left wing at the battle of Aberdeen, 13 September 1644, after which he was probably knighted. Next day Montrose sent a despatch to the King by ' my worthy friend and your Majesty's brave servant, Sir William Rollock.' When returning from Oxford to the North Rollo fell into the hands of Argyll, and, according to Wishart, only obtained remission from a sentence of death by consenting to a proposition to murder Montrose. But it is more probable that he 1 Deeds, Durie, 2 December 1671. 2 Rollo Writs ; Reg. Mag. Sig. (1620-33), 1342. 3 Mun. Univ. Glasg., iii. 478. « Guthry's Memoirs, 164. was released through the intervention of his brother Sir James, who became cautioner for him in £20,000 to re-enter his person in ward by a certain date.1 On being sent back to Montrose he disclosed the whole matter. On 11 February 1645 a decree of for- feiture was passed against James, Earl of Montrose, Captain William Rollo, and others.2 With the Viscount of Aboyne he shared the command of the left wing at the battle of Alford, 2 July 1645. In the course of the march southwards he is reported to have put to flight 200 of the enemy with but ten horsemen. * Sir Williame Rolloke ' was one of few excepted by name from the benefits of an Act of amnesty passed 7 August 1645.3 At the disastrous battle of Philiphaugh, 13 September 1645, Sir William Rollo was among the prisoners, and was executed at Glasgow on 21 October 1645.4 6. Margaret, born 10 January 1609, married to Sir John Drummond of Carnock,5 and had issue. 7. Jean, born 13 February 1615, married, first (contract 30 September 1652), to Robert Rollo of Powhouse,6 and had issue ; and, secondly, to John Drummond of Pitkellonie.7 8. Anna, born 20 March 1619, married, first (contract 13 May 1633 8), to William Mercer of Olavage, and had issue; and, secondly, to Major Drummond of Pitcairnis, and had issue. She died 21 October 1658. 9. Isabell, born 19 February 1621, married, as his second wife, to William Halliday of Tullibole, and had issue. 10. Marion, born 10 August 1627. II. JAMES, second Lord Rollo, was born on 11 December 1600.9 He had the honour of knighthood conferred on him by Charles I. on his visit to Scotland in 1633, and upon his father's resignation obtained from that King a charter of the barony of Duncrub, etc., 18 March 1642.10 In 1622 he re- 1 Acta Parl. Scot., vi. pt. i. 587. 2 Ibid., 313. 3 Ibid., 465. * Deedsof Montrose, 157. 5 House of Drummond, 185. 6 Deeds, Durie, 27 February 1672. 7 House of Drummond, 185. 8 Perth Sas., vi. 336. 9 Family MS. 10 Reg. Mag. Sig. ROLLO, LORD ROLLO 201 ceived a licence to go abroad with his father for three years.1 On 18 September 1634 he was appointed a Justice of the Peace for Perthshire,2 and in 1638 he was appointed to superintend the subscribing of the King's Covenant in that county.3 Sir James was closely connected with the two great rivals in the fight between King and Covenant ; his first wife was a sister of Montrose, and his second wife was a sister of Argyll. ' Thus he was brother-in-law to both Caesar and Pompey.'4 He sided with the Covenant, and was a colonel of horse in Perthshire, and served on Com- mittees of War 1646-49.5 In May 1643 ' Sir James Rollok and Sir Mungo Campbell were, by the Marquess of Argyll and the rest, commissionated to go to Montrose, and to make offer that, if he would leave off his counter-working and comply with them, all his debts should be discharged, and himself preferred to the highest place of command next to General Lesley.' 6 Shortly after, at the interview between Mr. Alexander Henderson and Montrose, Sir James was also present. He was with Argyll during Montrose's campaign, and, on the day before the battle of Inverlochy, accompanied him on his barge.7 He was a Commissioner for Revaluation of Clackmannanshire 1649 ; 8 a Commis- sioner of Supply for Perthshire 1655, 1656, 1659 ; a Com- missioner of Excise 1661.a In 1661 an Act of Parliament was passed ratifying to him the barony of Duncrub and burgh of Doning.10 He took a principal part in the obsequies of the remains of Montrose in 1661." In 1662 he was fined £6000 for his part in the troubles beginning in 1637. 1Z In 1663 he was appointed a Justice of the Peace. He attended Parliament 1661-63, 1665.13 'The Lord Rollocke depairted out of this life att his dwelling-house, and was interred att Dinnen or thereby, the 12 of June [1669] att night.' w He married, first, on 24 April 1628, Dorothea Graham, third daughter of John, Earl of Montrose, by his wife Margaret Ruthven, daughter of William, Earl of Gowrie. The great Marquess was present, and 'the feasting upon this occasion . . . was scarcely less than at the funeral of 1 P. C. Reg. , xii. 738. 2 Ibid. , 2nd ser. , v. 385. 3 Ibid. , vii. 77. * Napier's .Mem., 381. 6 ActaParl. Scot., vi.pt. i. 516 et passim. 6 Guthry's.ftfe»».,129. 7 Ibid., 178. 8 Ada Parl. Scot., vi. pt. ii. 2436. 9 Ibid., vi. passim. 10 Ibid., vii. 348. " Chiefs of Colquhoun, i. 273. 12 Acta Parl. Scot., vii. 4276. 13 Ibid, passim u Lament's Diary, 209. 202 HOLLO, LORD ROLLO her father, and lasted from 22 to 29 April.' ' She died s.p. 16 May 1638, and was interred at Holyrood the 8 of June. 2 He married, secondly, on 20 March 1642, Mary Campbell, daughter of Archibald, seventh Earl of Argyll, by his second wife Anne, fourth and youngest daughter of Sir William Oornwallis of Broome (by Lucy, his wife, third daughter and coheir of John Nevil, Lord Latimer), by whom he had issue : — 1. ANDREW, third Lord Rollo. 2. Archibald, a major in the Army. He was alive 7 September 1682.3 3. Margaret, married (contract 7 September 1682) to Sir George Oliphant of Newton.4 4. Mary.5 III. ANDREW, third Lord Rollo, succeeded his father in 1669. He was an active member of Parliament, and fre- quently acted as Commissioner of Supply for Perthshire.8 On 14 March 1672 he was served heir-male and conquest of Sir John Rollo of Bannockburn, knight, his uncle, in the lands of Bannockburn and Skeoch.7 In the same year the lands and barony of Duncrub were ratified to him by Act of Parliament,8 and by another Act he was allowed to hold a yearly fair at Doning.9 In the Revolution he favoured William of Orange, and was one of the signatories to the Act declaring the legality of the meeting of the Estates, 1689, and took the oath of allegiance.10 He was captain of a troop of horse and was stationed in Dundee,11 when Vis- count Dundee, coming up to the town, ' had almost sur- prized the Lords Rollo and Kylsith. . . . Rollo on the first alarm made his escape.' 12 He suffered considerably in his property, and his case for reparation was remitted to the Privy Council 1693.15 He signed the Association for defence of King William in 1696.M He died 4 March 1701, and was interred in the Church of Dunning.15 * Before Martinmas [1670], the Lord Rollock, a young 1 Canongate Mar. Reg.; Napier's Mem., 35. 2 Balfour's Annals. 3 House of Drummond ; Douglas's Peerage. * Perth Sasines, ix. 71 ; Douglas's Peerage. 6 Mor. Diet., 5796. 6 Acta Parl. Scot. 7 Stirling Retours, 261. 8 Acta Parl. Scot., 376. 9 Ibid., 446. 10 Ibid., ix. 96 ; lOOa. » Ibid., ix. 27a, 54a, 6. 12 Mem. of Lochiett, 238. 13 Acta Parl. Scot., ix. App. 92&. u Ibid., x. 10&. 15 Lament's Diary. ROLLO, LORD ROLLO 203 man, marled Mistris [Margaret] Balfour, the Lord Burley (who marled Sr William Balfowr, Knight of the Black Rod att London, his daughter) his eldest daughter ; the mariage feast stood at Burley, the busines being accomplished sudenlie.' * By her (who died at Edinburgh 20 October 1734, and was interred at Greyfriars) he had issue (besides eight children who died in infancy) : — 1. John, Master of Rollo, cornet in Colonel Cunningham's Regiment of Dragoons. He was killed by Patrick Graham, younger of Inchbrakie, 20 May 1695. They were visiting at Invermay, where words passed be- twixt the Master and Graham about drinking King James's health.2 Going home on horseback after supper they had an encounter. One of the witnesses swore that he found the Master lying mortally wounded, supported by Clevedge, who cried out, * Such a horrid murder was never seen ' ; Edmonston said, * I think not so ; I think it was fairly done ' ; and he assisted Graham to make his escape. Graham was by the Court of Justiciary, 11 November 1696, fugitated for the murder and slaughter of umquhile John, Master of Rollo.3 2. ROBERT, fourth Lord Rollo. 3. David, born July 1689, died 1707, and was buried at Greyfriars. 4. Emilia, born 4 July 1676. She was married to William Irving of Bonshaw, 25 August 1698, and died his widow at Bonshaw, 20 March 1747, aged seventy- one, leaving issue.4 5. Isabella, married, before February 1703, to Robert Johnston of Wamphray, and had issue. She died before 1 June 1742.5 6. Jean, born 11 December 1680. In December 1746 an order had been issued against the wearing of tartan. ' Mrs. Jean Rollo, an old maiden lady in the Canon- gate, and sister of the present Lord Rollo, was the only prisoner, and was brought before the Justice-Clerk and 1 Lament's Diary, 223. 2 Cal. of State Papers, Domestic, 1695, pp. 336, 339 ; Maclaurin's Crim. Cases, 10. 3 Wood's Douglas's Peerage, ii. 398. See a somewhat different version of the story in Or and Sable, 226. * Bonshaw MS. 5 Dumfries Tests. ROLLO, LORD ROLLO Lord Albemarle, and after some very silly trifling questions being asked about her tartan gown she was dismissed.' ' She died at Inchdairnie 21 April 1760. 7. Susanna, married, 1 May 1710, to Hugh Gillespie of Ohirriebelly in Ireland, and had issue. IV. ROBERT, fourth Lord Rollo, was born on 12 June 1679,2 and succeeded his father in 1701. He took the oath and his seat in Parliament 11 May 1703 and voted for the Treaty of Union. He was a Commissioner of Supply 1702 3 and 1704.4 He assisted at the great council of the Jacobites 26 August 1715.5 He took an active part in the rising, being appointed to command the Perthshire squadron in spite of the opposition of Mar, who supported his brother-in- law, Colonel Hay.6 He was at Sheriffmuir, but surrendered in the following spring, and was lodged in Inverness. General Wightman writing from there, under date 10 March 1716, says : ' General Cadogan writes me word there is a man of warr will be forthwith orderd to this place to carry Lord Rawloe, and all the rest of the gentlemen prisoners to Edinburgh . . . and I wish with all my heart I was just taking my leave of them here, for they are a dam'd plague to me.' 7 He was prisoner in Edinburgh so late as 6 May 1717, but eventually received a pardon. In 1747 a pension of £200 was granted to him. He died at Duncrub on 8 March 1758, and was buried in Dunning Church. He married, 4 June 1702, Mary, eldest daughter of Sir Henry Rollo of Woodside, by Margaret, eldest daughter of Sir John Young of Lenzie ; and by her (who died at Perth 16 April 1765, aged eighty) he had issue (besides five chil- dren who died in infancy) : — 1. ANDREW, fifth Lord Rollo. 2. Henry, born at Blackness Castle (of which Sir Harry Rollo was governor) on 12, and baptized there 26, June 1705.8 He died s.p. at London 2 July 1745, hav- ing married, 25 July 1724, Anne, daughter of Colonel 1 Lyon in Mourning, ii. 111. 2 Family MS. 3 Acta Parl. Scot., xi. 4046. * Ibid. 5 Rae's Hist. 6 Sinclair's Memoirs, 80. 7 Chiefs of Grant, ii. 99. 8 Carriden Reg. BOLLO, LORD ROLLO 205 James Johnstone and Isabel Ruthven, Baroness Ruthven. She is said to have married, secondly, Frederick Bruce of Bunzeon, Fife.1 3. JOHN, sixth Lord Rollo. 4. James, born 26 August 1713. Died 26 March 1732. 5. Clement Sobieski, born 24 May 1720. Died 14 January 1762,2 having married, 4 August 1756, Amelia Maria, eldest daughter of John Irving of Bonshaw, and had i. Mary, born 16 May 1757. Died at Perth 12 October 1776. ii. Robert, born 28 November 1758. Captain in 42nd Regiment of Foot, who settled in America about 1784. He married Janet, daughter of James Graeme of Garvock.3 iii. John, born 7 January 1761. Barrack-master at Perth, and died there 29 December 1821. 6. William Robert Duribar, born 25 December 1729. Died 8 April 1744. 7. Mary, born 25 June 1709. Married, 11 February 1731, to David Drummond of Pitkellonie, and had issue. Died at Duncrub 3 July 1739, and interred at Muthil. 8. Jean, born in the Oastle of Edinburgh, * where the Lord Rollo, her father, was then prisoner for serving his King and countrey,' 6 May 1717.4 Married, 29 August 1749, to her cousin-german, Captain Robert Johnstone of Wampliray (who became a colonel in the service of the States of Holland), and had issue. She died at London 9 January 1780 ; her husband 20 February 1780. Q. Isabel, born 22 November 1718. Married, at Duncrub, to John Aytone of Inchdairnie, 29 September 1746, and had issue. Died at Inchdairnie 24 November 1751. V. ANDREW, fifth Lord Rollo, born at Duncrub 18 Novem- ber 1703. He entered the Army at the age of forty. He was at the battle of Dettingen 1743, and behaved so well in that engagement that he was promoted to a company in the 22nd Regiment of Foot, of which he had the appoint- ment of major 1 June 1750, and of lieutenant-colonel 26 October 1756. He afterwards served in the West Indies 1 "Wood's Douglas's Peerage. 2 Musgrave's Obituary. 3 Burke's Com- moners, iv. 126. 4 Family MS. 206 BOLLO, LORD ROLLO with great distinction, and had the rank of colonel in the Army 19 February 1762, also that of brigadier-general in America. His health being greatly impaired by his exer- tions and the unhealthy climate, he was obliged to leave Cuba in July 1762. He arrived in England in October, and dying at Leicester 2 June 1765, was buried with military honours in St. Margaret's Churchyard there, where a black marble tomb with warlike trophies commemorates his services. He married, first, on 22 April 1727, Catharine Murray, daughter of Lord James Murray of Dowally, third son of John, Marquess of Atholl, and by her (who died at Bristol 28 July 1763) he had (besides five children who died young) :— 1. John, Master of Rollo, born 6 December 1736. He had an ensign's commission in the 22nd Regiment of Foot 1752; a lieutenancy in the same regiment 1756; a company in the 77th Foot 1760 ; was major of brigade to his father in the West Indies, and died at Martinique 24 January 1762, unmarried. 2. Anna, born 24 October 1729, died at Mahon, in Minorca, 9 December 1746. He married, secondly, at Edinburgh, 16 February 1765, Elizabeth, second daughter of James Moray of Abercairney, but had no issue by her, who died at Abercairney 6 May 1781. VI. JOHN, sixth Lord Rollo, was born on 6 February 1708. He succeeded his brother Andrew in 1765. He died at Duncrub 26 March 1783. He married, first, Cecilia, daughter of James Johnstone, merchant in Edinburgh, and sister of Chevalier Johnstone.1 She died in Banff 21 June 1746. By her he had (besides five children who died young) : — 1. JAMES, seventh Lord Rollo. 2. Joanna, born 29 July 1745, married to John Oarmichael in Blairsroar. He married, secondly, Mary, daughter of Mr. John Kennedy, Minister of Peterculter. By her he had no issue. He married, thirdly, Jane Watson, daughter of Alexander Watson, merchant in Aberdeen, but by her had no issue. She died at Perth 19 April 1784. 1 Lang's Prince Charles Edward, 84. ROLLO, LORD ROLLO 207 VII. JAMES, seventh Lord Rollo, was born 8 March 1738. He succeeded his father in 1783. He was an officer in the Marine Forces, and served at the taking of Pondichery and Manilla. He died at Duncrub 14 April 1784. He married, at Edinburgh, 4 December 1765, his cousin-german, Mary, eldest daughter of John Aytoun of Inchdairnie, in Fife, and by her (who died at her house in Albany Street, Edinburgh, 24 April 1817 ') had issue :— 1. JOHN, eighth Lord Rollo. 2. Roger, born 6 April 1777, was an officer in the Royal Regiment of Artillery, and thereafter collector of the customs at Ayr. He died 5 March 1847. He married, at Glasgow, 24 February 1801, Eliza, youngest daughter of Captain Hunt of the 6th Regiment of Foot, and grand-daughter of John Bowman of Ash- grove, and by her (who died at Ayr 12 August 1826 2) had issue : — (1) James (major), born 28 December 1801, died 15 February 1844. Married, 21 April 1834, Mary Anne Keogh, and by her (who died 18 July 1877) had issue:— i. Andrew FitzJames Cunninghame Rollo Bourman Ballantine, of Ashgrove and Castlehill, born 1 February 1835, died 1891. Married Annie Harriet Curzon, only child of Lieut.-ColonelJohn Chalmers, and had a son, (i) James Cunningham, born 6 August 1865, died, unmarried, 1892. ii. Robert Roger, died 16 August 1864. iii. Eliza, married, 1861, to James C. Howden, M.D. iv. Annabella, married, 1862, to William Vost, and has issue. (2) John Ballantine, born 12 July 1803, died 1887. He married, first, 16 April 1833, Williamina, daughter of Robert Robinson of Duncanzemere, by whom he had, i. Williamina Eliza. He married, secondly, 10 February 1839, Janet, daughter of John Grey of Kilmarnock, and by her, who died 23 June 1868, had issue :— ii. John, born 20 February 1847, married, 1888, Frances Anne Payne, iii. Cecilia Anne, married, 13 July 1869, to James Thomson, and has issue. iv. Jessie, married, 3 April 1866, to Archibald Currie. v. Jemima. (3) Roger. (4) Mary Isabella, married, 15 July 1836, to General William M'Pherson, and died 1882, leaving issue. 1 Scotsman, No. 15. * Ibid., No. 699. 208 ROLLO, LORD ROLLO (5) Margaret Bowman, married, first, 2 January 1841, to Joseph Harriman of Tivoli, Cumberland, and had issue; secondly, 3 January 1856, to Charles Edouard Napoleon Dorr, grandson of Comtesse de Mont Louis ; and died 5 February 1908. She was the last survivor of the guests at the Eglinton Tournament. 3. James, born 1778, died 21 November 1801. 4. Isabella, born 8 October 1766, died 5 February 1842.1 5. Jane, born 29 September 1768. Died October 1838. Married, at Edinburgh, 31 March 1795, to Oaptain Patrick Hunter of the Bengal Infantry, and had issue. 6. Mary, born 15 December 1770, and died 3 May 1840. 7. Elizabeth Cecilia, born 30 November 1771. Married, at Edinburgh, 14 November 1799, to James Oarstairs Bruce of Balchristie, in Fife. She died 6 April 1861. 8. Margaret, born 16 June 1774, died young. 9. Barbara, born 3 September 1775, died at her house in Albany Street, Edinburgh, 9 March 1824.2 VIII. JOHN, eighth Lord Rollo, born 22 April 1773, suc- ceeded his father 1784; had an ensign's commission in the 3rd Regiment of Foot Guards 17 February 1790 ; served on the Continent during the campaigns of 1793, 1794, and 1795; and quitted the Army April 1796, being then a lieutenant in that regiment. He died at Edinburgh 24 December 1846,3 having married there, 12 June 1806, Agnes, daughter of William Greig, Gayfleld Place, Edinburgh, and by her (who died 3 February 1855) had issue : — 1. James, born 15 May 1808, died 7 September 1812. 2. WILLIAM, ninth Lord Rollo. 3. John, born 1812, died 30 November 1876. He married, first, 7 March 1854, Jane Hay, daughter of Robertson James Paterson ; she died June 1873, leaving issue : — (1) John, born March 1856, married, 29 April 1903, Mary, daughter of Colonel Maitland, 72nd Bengal Native Infantry. (2) James Arthur, born 1860. (3) Robert William Ernest Hay, born 1865, died 25 March 1889. (4) Martha Hay Paterson. He married, secondly, on 25 September 1876, Jane, daughter of Major James Mai-shall, H.E.I.O.S. She died 7 March 1892. 1 Scotsman, No 2307. 2 Ibid., No. 438. 3 Index of Services of Heirs. ROLLO, LORD ROLLO 209 4. Robert, born 26 May 1814. Entered the Black Watch as an ensign in 1832, and promoted to rank of lieu- tenant-colonel in 1854 for distinguished service in the field. For ten years was Adjutant-General and Military Secretary in Canada; colonel Sutherland Highlanders 1880 ; general 1881 ; Legion of Honour and Fifth Glass of the Medjidieh ; K.O.B., 1905. He died 25 February 1907. He married, 20 March 1851, Harriet Anne, eldest daughter of General Sir Henry Ferguson-Da vie, Bart., but had no issue. 5. Mart/, married, at Duncrub, on 27 March 1833,1 to Oaptain Robert Knox Trotter, 17th Lancers, younger of Ballindean, and had issue. Died 9 October 1886. 6. Martha, married, 20 September 1850, to Major-General Richardson Robertson, O.B., of Tulliebelton, Ballathie, and Kinnaird. Died 17 September 1857. IX. WILLIAM, ninth Lord Rollo, born 28 May 1809. He died 8 October 1852.2 He married, at Edinburgh, 21 October 1834, Elizabeth, only daughter of John Rogerson of Dum- crieff, Dumfriesshire,3 and by her (who died 10 June 1836) had an only son, X. JOHN ROGERSON, tenth and present Lord Rollo, born 24 October 1835; educated at Trinity College, Cambridge (M.A. 1856) ; a Representative Peer for Scotland, 1860-68 ; J.P. and D.L. for Perthshire and Dumfriesshire. On 29 June 1869 he was created a Peer of the United Kingdom with the title of BARON DUNNING OF DUNNING AND PITOAIRNS, in the county of Perth. He married, 15 October 1857, at the British Embassy, Paris, his cousin Agnes Bruce, daughter of Lieut.-Colonel Trotter of Ballindean, and by her (who died 2 May 1906) has issue : — 1. William Charles Wordsworth, Master of Rollo, born 8 January 1860 ; lieut.-colonel 3rd Batt. Black Watch. He married, 21 March 1882, Mary Eleanor, daughter of Beaumont Williams Hotham, Esq., and has, Rosalind Mary Agnes, born 18 June 1896. 1 Scotsman, No. 1380. 2 Index of Services of Heirs. 3 Scotsman, No. 1544. VOL. VII. O 210 HOLLO, LORD ROLLO 2. Eric Norman, born 17 February 1861 ; Inspector, Board of Agriculture. Married, 30 April 1888, Con- stance Maud, daughter of Henry Booth Hohler of Fawkham Manor, Kent, and has : — (1) John Eric Henry, born 9 January 1889. (2) William Hereward Charles, born 23 June 1890. (3) Torfrida Henrietta Louisa, born 17 September 1891. (4) Grylla Constance Susan, born 1 August 1899. 3. Herbert Evelyn, born 6 October 1864. Died at Christ- church, New Zealand, 11 April 1893. 4. Bernard Francis, born 19 December 1868 ; M.A. (Camb.) ; manager of the National Bank of Egypt, Alexandria, 1899-1900, and in London 1901-6. 5. Gilbert de St. Croix, born 13 August 1872; married 24 August 1904, Margaret Freda Evelyn, second daughter of Robert Oraufurd Antrobus, and has : — (1) Malcolm Pogerson, born 26 October 1906. (2) Glory Evelyn, born 11 July 1905. 6. Agnes Catherine, born 3 October 1858 ; married, 31 January 1883, Rev. Robert Melvill Gore Browne, son of the Bishop of Winchester, and has issue. 7. Constance Agnes, born 28 October 1862. 8. Cecily Agatha Agnes, born 2 September 1870. 9. Elisabeth Theresa Agnes, born 23 June 1874; died 1 September 1875. CREATIONS.— Lord Rollo of Duncrub, 10 January 1651, in the Peerage of Scotland; Baron Dunning of Dunning and Pitcairns, in the county of Perth, 29 June 1869, in the Peerage .of the United Kingdom. ARMS. — No arms have been recorded in the Lyon Register, and they vary considerably in the different Armorial MSS. Sir James Balfour (c. 1630) is the sole authority for the following blazon : Argent, a chevron engrailed sable between three tigers' heads erased gules : in the Workman (Adv. Lib.) MS. the same coat is given with boars' instead of tigers' heads. In a seventeenth-century Armorial belong- ing to Lord Crawford the arms are blazoned, Gules, a chevron or between three boars' heads couped argent. In ROLLO, LORD ROLLO 211 the Seton Armorial, probably of a still older date, they are given as, Argent, on a chevron azure between three boars' heads erased sable a mullet of the field; and this mullet appears in the version given in 'Gentlemen's Arms' MS. for Rollo of Duncrub, Argent, on a chevron between three boars' heads erased azure a mullet of the field. The * Peers' Arms ' (Lyon Office) MS. gives, Or, a chevron azure between three boars' heads erased sable. The arms apparently borne at the present day are, Or, a chevron between three boars' heads erased azure. OREST. — In * Peers' Arms ' this is given as a hind's head couped argent, but is now borne as a stag's head couped proper. SUPPORTERS. — These are given in ' Peers' Arms ' as two hinds argent unguled or, but two stags proper are now used. MOTTO. — La Fortune passe partout. [R. F. i.] PRIMROSE, EARL OF ROSEBERY HE surname Primrose occurs early both in Eng- land and Scotland. The Scottish family are sup- posed to have taken their name from the lands of Primrose, near Dunferm- line. But the Earl of Rosebery's descent is from a branch settled before the Reformation in the neighbourhood of Oulross Abbey. The ear- liest recorded is — HENRY PRIMROSE, born not later than 1490, who is mentioned in Oulross charters in 1543 l and onwards. He was father * of 1. William, burgess of Dysart, who married Margaret Sandis,3 and died 2 December 1592.4 His brothers Archibald, in Oulross, and Duncan were his executors- dative. 2. Archibald, a monk of Oulross 20 February 1539-40,5 and onwards. After the dissolution he was Chamberlain of Oulross, being still styled Dene Archibald in 1567.6 He died 2] March 1593-94,7 having married Alison Pett.8 Issue : — 1 Reg. Mag. Sig., 8 December 1586. 2 Acts and Decreets, Ixiii. 379. * Ibid. ; in Reg. Mag. Sig. she is called Margaret Strang. * Edin. Tests. 5 Laing Charters, 442. 6 Acts and Decreets, xl. 171. 7 Edin. Tests. 8 Charge of the Temporality of Kirklands, North side of Forth, MS. in Cen. Reg. Ho., fol. 281. 212 213 (1) Mr. James, who in 1586 obtained a feu-charter of two-thirds of the lands of Barhill and Barcruik,1 and was styled por- tioner of Barhill and burgess of Culross.2 In 1615 he was resident in London,3 and in 1616 was granted the monopoly in Scotland of printing and selling a loyal book entitled God and the King,* which involved him in much litigation before the Privy Council. He died before 29 September 1624. 6 His wife was Margaret Maistertoun, mistress nurse to Prince Henry,6 and he left two sons :— i. Edward, who in 1627 was a lieutenant in the Earl of Morton's Regiment, and had the misfortune to kill a brother officer, for which he had a remission 10 July 1630.7 He married Elizabeth Merschell,8 and had issue, ii. Harry, mentioned 1619.9 (2) Margaret, married to James Coneway in Leith ; 10 she and her sister Agnes were executrices-dative to their father. (3) Agnes, married to James Aitkin, merchant burgess of Culross, afterwards styled of Middle Grange. They had a sasine 26 December 1611.11 (4) Sara, died young.12 3. Duncan, bailie in Culross 1580-81,13 who married Helen Smyth ; u she was alive 1597, being then over eighty, and blind.15 Issue : — (1) Gilbert, admitted burgess of Edinburgh 19 February 1565-66 ; appointed chirurgeon to King James vi., with a pension of £100 Scots, 26 November 1576.16 There was another letter making him ' cheif and principall chirurgeon to our soverane lord' with £200 Scots yearly, 30 August 1577,17 which was ratified by a third letter 1 June 1578 : 18 this office he held till his death, at the age of eighty, 18 April 1616. 19 He mar- ried, in or before 1568, Alison, daughter of John Grahame of Claverhouse,20 by whom he had a daughter Marion, married, first (contract dated 8 August 1588), to David Gourlay, bur- gess of Edinburgh ; 21 secondly, to Sir Alexander Clerk of Pittencrieff, Provost of Edinburgh. She died in June 1637, leaving issue by both marriages.22 (2) Peter, minister of Mauchline.23 He was father of Peter Prim- rose, minister of Crossmichael,24 of Margaret Primrose, wife of William Spottiswood of Foular,25 and perhaps of Duncan 1 7 November, Abbreviatio Cartarum Feudifirme terrarum ecclesias- ticarum, MS. in Gen. Reg. Ho. , ii. 333 ; confirmed 24 November, Reg. Sec. Sig. , liv. 123. 2 Protocol Book of James Primrose, MS. in Gen. Reg. Ho. 3 Ibid. 4 P. C. Beg., x. 538. 6 Deeds, ccclxxxi. 218. « P. C. Beg., v. 200. 7 Beg. Mag. Sig. 8 Edin. Baptism Reg. 9 Deeds, cccii. 368. 10 Ibid., cxxii. 53. 11 Protocol Book of James Primrose. 12 Deeds, cxxii. 53. 13 Inverkeithing Burgh Writs. '* Reg. Mag. Sig., 1 October 1586. 16 P. C. Beg., v. 392. 16 Reg. Sec. Sig., xliii. 127. " Ibid., xliv. 97. 18 Ibid., xlv. 66. 19 Edin. Tests. » Beg. of Deeds, ix. 275. 21 Ibid., xxx. 348. 22 Edin. Tests. ; Macfarlane's Gen. Coll., i. 11. K P. C. Beg., ix. 695; Test, of Gilbert Primrose. 24 Scott's Fasti, i. 719. K Original letter of Peter Primrose in Gen. Reg. Ho. ; will of William Spottiswood, Glasgow Tests. 214 PRIMROSE, EARL OP ROSEBERY Primrose, who succeeded his uncle as chirurgeon to the King, and of Henry, Duncan's brother,1 who was a notary in Mauchline,2 and married Bessie Rodger.3 (3) Duncan, a witness in 1580.* (4) Henry, who in 1586 had a gift of the prebend of Pitcairn, in the collegiate church of Abernethy; which did not take effect, the benefice being found not vacant.6 He had a sasine 4 November 1614, being then styled mariner, son of Duncan and brother of Gilbert.6 (5) Katherine, married to Alexander Coustoun, merchant bur- gess of Culross.7 She and her son Robert are mentioned in the chirurgeon's will. 4. DAVID, of whom below. 5. Mawse, married to Andrew Gibson in Oulross. She died in November 1570 ; 8 her brothers Archibald and David were her executors. Peter Primrose, portioner of Kincardine, ancestor of the Primroses of Burnbrae, who died in July 1584,' may have been another son ; and James Primrose of Newlands and Fodsmill, Clerk of Oulross, whose Protocol Book in the Register House gives much information about the Primroses, was perhaps son of an unrecorded son of Henry. DAVID PRIMROSE, in Culross, whose paternity is inferred from the occurrence of his name in the testament of Mause Primrose above mentioned, died before 1574, having mar- ried Janet Blaw, said to have been of the Oastlehill family, who survived him.10 Issue : — 1. Henry , eldest son, was a burgess of Oulross, and died 31 August 1621 ; " having married (contract 19 May 1574) Margaret, daughter and coheir of Peter Reidoch of Aberlednock." By her, who died in Feb- ruary 1619, he had issue : — (1) David, who graduated at Edinburgh University in 1602, and became an advocate. He died in 1651, his will being dated 22 April that year.13 He married, first, 5 June 1608, 14 Marion Purdie, sister and coheir of James Purdie of Kinnaldie, Islay Herald, and widow of William Marjoribanks, 1 See Test, of Gilbert Primrose. * Laing Charters, 1940. 3 P. C. Reg., ix. 260. * Rep. of Deeds, Ixxxii. 178. 6 Acts and Decreets, ciii. 403. 6 Protocol Book of James Primrose. 7 Dunblane Tests. 8 Edin. Tests. 9 Ibid. 10 Acts and Decreets, Ixxvi. 422. » Edin. Tests. « Acts and Decreets, Ixxvi. 422. " Edin. Tests. " Edin. Reg. PRIMROSE, EARL OF ROSEBERY 215 merchant burgess of Edinburgh,1 with whom he had a sasine 8 May 1610,2 in which he is styled eldest son of Henry ; secondly, Margaret Forrester, who died before 9 October 1638, when their son David was baptized ; 3 thirdly (contract 4 July 1639), Alison, daughter of Andrew Logan of Coatneld and Greenlaw ; 4 fourthly, 15 April 1651, Christian Ross.6 For notice of his issue, see Wood's Douglas's Peerage. (2) Archibald, merchant burgess of Edinburgh.6 He married, 23 June 1608, Christian Gillespie,7 and had a son Archibald and a daughter Katherine.8 (3) Henry, who had sasines 28 May 1612, 4 December 1613, and 20 March 1614. He died s.p.9 His brother Adam had sasine as his heir 28 August 1617. 10 (4) Adam, who had a sasine 28 May 1612. u He married Jean Clayhills; they had a sasine 16 March 1622. 12 He was his father's and mother's executor. (5) Euphame, in Leith.13 (6) Marion or Marjory, married to Robert Coustoun, burgess of Culross ; 14 they had a sasine 21 June 1617. 15 (7) Agnes, in 1598 styled third daughter.16 2. Archibald, Writer in Edinburgh, Olerk of Taxations and Clerk of Mines; styled Henry's brother in sasines of 28 March 1614 and 12 March 1618." He was buried in August 1629 ;18 having married, 11 October 1598, Katherine Andro,19 who survived him ; her testament confirmed 25 October 1649.20 Issue :— (1) Mr. James, who died s.p. in June 1673. 21 (2) Archibald, alive 1641.22 (3) Janet, baptized 7 December 1600, 2S died young. (4) Katherine, baptized 24 January 1602.24 She is styled eldest daughter.26 On 10 August 1639 she was about to go abroad for the recovery of her health ; 26 and she died before 22 August 1640, when Mr. James was served heir to her.27 (5) Alison.™ (6) Jean, married, 26 October 1648, to James Christie, W.S.29 She was buried in the Greyfriars 27 October 1669. Her son, Mr. James Christie, was served heir of Mr. James Primrose, his uncle, 12 August 1674. 30 1 Edin. Inhibs., xi. 76, xiv. 53, xxxvii. 403. 2 Protocol Book of James Primrose. 3 Canongate Reg. 4 Reg. of Deeds, DXXX. 169. 6 Edin. Reg. 6 Protocol Book of James Primrose, 5 January 1613 and 4 November 1614. 7 Edin. Reg. 8 Edin. Baptism Reg. 9 Protocol Book of James Primrose. lo Ibid. » Ibid. 12 Ibid. 13 Test, of David Primrose. 14 Ibid. 16 Protocol Book of James Primrose. 10 Deeds, Ixv. 48. 17 Protocol Book of James Primrose. 18 Canongate Reg. 19 Edin. Reg. 20 Edin. Tests. 21 Ibid. ; he was buried in the Greyfriars 25 June. 22 Deeds, DXXX. 139. -3 Edin. Reg. 24 Ibid. & Deeds, cccclxxiii. 416. 28 Ibid., Dxxii. 448. '* Retours, Gen., 2523. 28 Acts and Decreets, ccccxl. 367. w Edin. Reg. 30 Retours, Gen., 5744. 216 PRIMROSE, EARL OF ROSEBERY 3. JAMES, of whom below. 4. another son, resident in London in 1625,1 may have been Gilbert, minister previously at Bordeaux, then of the French congregation in London. Douglas states that he was the son of Gilbert, the King's chirurgeon (see ante, p. 213), but he is not mentioned in his elaborate will. 5. Katherine, married to Andrew Clayhills, minister of Monifleth. Her brother Archibald was his executor.2 6. Euphame, wife of Sir George Bruce of Carnock, is said to have been a sister of the Clerk of Privy Council. JAMBS PRIMROSE, brother of Archibald.3 In 1596 he is styled servitor to John Andro, Clerk to the Privy Council,4 and on 1 February 1598-99, on Andro 's resignation, he was himself admitted to that office,5 which he held, alone or conjointly with one of his sons, till his death, 21 February 1640.' He married, first, before 12 June 1593,7 Sibylla Miller, and, secondly, Catherine, daughter of Richard Lawson, bookseller, Edinburgh. She died 1651. 8 By his first wife he had issue : — 1. Gilbert, born 28 September 1595. He graduated at the University of Edinburgh in 1615,9 and, nominally at least, practised as a physician. At an early period he seems to have assisted his father in the duties of his office, and in 1625 he went to London, probably with the view of getting himself officially appointed joint Clerk along with his father.10 In this he was successful, as he took the oaths as conjunct Clerk to the Privy Council 13 March 1627.11 He died v.p. in 1637, aged forty-two, having married, 21 June 1621, Janet, eldest daughter of George Foulis of Ravelston, and by her, who was born 18 April 1604, had issue. See Wood's Douglas's Peerage. 2. Robert, a witness in January 1625.12 In 1627 he accom- 1 P. C. Reg., 2nd ser., i. 652. * Deeds, cccv. 243; St. Andrews Tests. 3 P. C. Reg. , ix. 696, and 2nd ser., i. 644, and ii. 636. It does not appear which was the elder of the two. * P. C. Reg., v. 671. 6 Ibid., 520. • Edin. Tests. T Reg. of Deeds, lii. 331. 8 Edin. Tests., 16 October 1651. 9 Cat. of Graduates Univ. of Edin., 29. 10 P. (7. Reg., 2nd ser., i. xi. Some very interesting letters from him to his father are printed, pp. 643-656. u Ibid., 645. »» Ibid., xiii. 687, 688. 217 panied an embassy to Gustavus Adolphus.1 He died in December 1631. 2 3. Alison, married, 24 August 1609, to George Heriot, the well-known goldsmith and founder of Heriot's Hospital.3 She died in 1613. 4. Janet, born 10 September 1598, married (contract 20 May 1616) to Gilbert, eldest son of David Gourlay, burgess of Edinburgh, by Mary, daughter of Gilbert Primrose, the King's chirurgeon.4 5. Nicholas, born 3 October 1599. 6. Grisel, born 14 December 1600. 7. Sibylla, born 22 November 1601. 8. Margaret, married (contract 5 April 1621 5) to Thomaa Young of Leny, W.S. 9. Elizabeth, born 30 November 1606, married, 17 July 1623, to George Mackmoran.8 10. Katherine, born 6 June 1610. By his second wife James Primrose had issue : — 11. ARCHIBALD, of whom presently. 12. Mr. James, born 28 January 1619. He signed a deputa- tion by his father to his brother Archibald to act as Clerk 15 November 1638.7 He was appointed Clerk to the Oonservers of Peace 4 July 1643,8 and sole Clerk to the Privy Council, in room of his brother, 13 June 1649.9 He was buried in the Grey friars 17 September 1668, having married, about 1646, Nicholas, daughter of Sir James Mercer of Aldie. She died 1675, leaving issue one daughter, Christian, after- wards married to Walter, sixth Lord Torphichen. 13. Alexander, born 22 November 1625. 14. Thomas, born 24 March 1627. 15. Peter, born 28 April 1630. 16. Agnes, born 12 September 1613, married, 19 June 1638, to Alexander Menteith, merchant.10 1 P. C. Beg., 2nd ser., ii. 558-559. 2 Edin. Tests. 3 Edin. Reg. * Prot. Book of James Primrose. '° Reg. of Deeds, Dxxiii. 185. 6 Edin. Reg. There is no evidence to show whether Nicholas, Grisel, Sibylla, and Elizabeth were daughters of the Clerk of Privy Council or of James Primrose the notary. Each is styled writer in the Edin. Reg. The notary is known to have had a daughter Sibylla. 7 P. C. Beg., 2nd ser., vii. 90. 8 Ibid., viii. 63. 9 Ibid., 19; Acta Parl. Scot., vi. pt. ii. 410. 10 Edin. Reg. 218 PRIMROSE, EARL OF ROSEBERY 17. Katherine (secunda), born 22 January 1615. 18. Magdalene, married, 28 March 1644, to George Robert- son, goldsmith. She was sole executrix-dative to her mother.1 She was buried in Greyfriars, Edin- burgh, 2 November 1684.2 19. Euplieme, born 8 July 1621. 20. Marion, born 7 July 1622. 21. Alison, born 24 June 1623. 22. Christian, twin with Alison. 23. Nicholas, born 18 July 1624. SIR ARCHIBALD of Oarrington was born 16 May 1616. He acted as deputy to his father in his office of Clerk to the Privy Council during his last illness, and on 2 Septem- ber 1641 was himself appointed to that post, in place of James Philip, who had succeeded his father but had only held the office a few months.3 It is stated by Douglas 4 that after the battle of Kilsyth he joined the Marquess of Montr ose and was taken prisoner at Philiphaugh, 13 Sep- tember 1645 ; that he was tried by the Parliament at St. Andrews, 1646, and found guilty of treason, but that his life was spared on the intercession of the Marquess of Argyll. But it is doubtful if this is correct. He was certainly performing his duties as Clerk to the Council in May 1645 and in June 1647. It is also said that on his release he repaired to the Scottish army at Newcastle and was there knighted by the King. There is no doubt that Primrose was a fervid Royalist, and he was one of the * Engagers ' for the rescue of the King in 1648. This led to his being deprived of his office of Clerk to the Council, 13 June 1649.5 His place was filled up by the election of his brother James.' Primrose accom- panied Charles n. in his expedition into England, and was, by patent dated 1 August 1651, created a Baronet. After the battle of Worcester his estates were sequestrated, and he lived in retirement until the Restoration. He was then, on 7 August 1660, appointed Lord Clerk Register,7 and on 13 February 1661 made one of the ordinary Lords of Session under the title of Lord Oarrington. He was an 1 Edin. Tests., 16 October 1651. 2 Greyfriars Burials. 3 Keg. Mag. Sig., 2 September 1641. * Peerage, ii. 402. 6 P. C. Reg., viii. 194. 6 Ibid. i Acta Part. Scot., vii. 21. PRIMROSE, EARL OF ROSEBERY 219 able and experienced politician and man of affairs, and took a leading part in the public business of the day. Although a supporter of Middleton, he was independent enough to oppose the Balloting Act. After Middleton's fall he ulti- mately found the hostile influence of Lauderdale and his wife too much for him, and he was forced to resign both his offices, and to accept, * sore against his heart,' the much less lucrative post of Justice-General, to which he was appointed 11 June 1676. Even this he was before long compelled to relinquish, Sir George Mackenzie of Tarbat being mominated his successor 30 September 1678.1 He visited London the following year in a vain attempt to adjust the differences between * the country party ' and the Court. This was his last public appearance, and he died 27 November 1679, being buried at Dalmeny. Sir Archibald amassed a considerable fortune, and made extensive purchases of land. In 1662 he acquired from the Earl of Haddington the barony of Barnbougle and Dalmeny, which still remains the principal seat of the family. He married, first, Elizabeth, daughter and coheiress of Sir James Keith of Benholm, second son of George, fifth Earl Marischal; and, secondly, Agnes, daughter of Sir William Gray of Pittendrum, and widow of Sir James Dundas of Newliston. She was buried in Greyfriars 15 December 1669.2 By his first wife Sir Archibald had issue : — 1. Sir James of Barnbougle, born 5 February 1645, and died vita patris. He married Elizabeth, born 17 June 1650, eldest daughter of Sir Robert Sinclair of Longformacus, Baronet, and by her had issue : — (1) Elizabeth, born 9 November 1669, buried in Greyfriars, Edin- burgh, 17 July 1674.3 (2) Margaret, born 7 August 1671, married, 26 March 1691, to George Home of Kimmerghame,4 and died in childbirth the following year. 2. Sir William, whose son was created Viscount of Primrose. (See that title.) 3. Alexander, born 29 March 1650, died young. 4. Archibald, born 16 January 1653, died young. 1 Reg. Mag. Sig., Paper Reg., x. 69. 2 Greyfriars Reg. 3 Ibid. 4 Edin. Marriage Reg. 220 PRIMROSE, EARL OP ROSEBERY 5. Gilbert, entered the Army, and got a commission as lieutenant in the King's First Regiment of Foot Guards 31 October 1680,1 of which he was appointed adjutant 19 March 1686. On 21 March 1692 he was promoted to be captain, and to rank as youngest lieutenant-colonel of Foot.2 On 1 March 1703 he got brevet rank as colonel of Foot. He was wounded at Schellenberg when he commanded the battalion. He was second major of the Foot Guards 24 March 1705; brigadier-general 1 January 1707; colonel of the regiment, afterwards the 24th Foot, 9 March 1708; major-general 1 January 1710, and retired from the army in 1717.3 Died 3 September 1731.4 6. Margaret, born 31 December 1641,6 married, at the Tron Church, Edinburgh, 5 September 1661, at eight o'clock P.M., to John Foulis, afterwards Sir John Foulis of Ravelston, Bart.,6 with issue. She died 1690. Sir Archibald settled the estate of Dunipace on the sons of Lady Foulis, but the eldest, Archibald, died s.p. 1684 and was succeeded by his next brother, George, who married Margaret, daughter of Sir John Ounninghame of Oaprington. They had a son, Sir Archibald Foulis Primrose, Bart., who married, first, Margaret, daughter of John, sixth Earl of Wigtoun ; and, secondly, Mary, daughter of the first Earl of Rosebery. He was implicated in the rebellion of 1745, and was executed at Carlisle 15 November 1746, leaving ten daughters, and one son, who died un- married at Edinburgh 28 January 1747.7 7. Catherine, married, as his first wife (contract 29 October 1663), to Sir David Carnegie of Pitarrow,8 and had issue five sons and four daughters. She died in October 1677 and was buried on the ninth of the same month within the new church of Montrose.9 8. Elizabeth, born 7 January 1644,10 died unmarried. By his second marriage Sir Archibald had issue : — 9. ARCHIBALD, first Earl of Rosebery. 1 Dalton's Army Lists, i. 276. 2 Ibid., ill. 237. 3 Ibid., v. pt. ii. 30. 4 Gent. Mag. 5 Edin. Reg. 6 Ibid. ; Foulis' Account Book, Scot. Hist. Soc., Ivi. T Gibson's Larbert and Dunipace, 99-114. 8 Hist, of the Car- negies, ii. 253. 9 Ibid. 10 Edin. Reg. PRIMROSE, EARL OF ROSEBERY 221 10. Mary, born 23 August 1657. 11. Grisel, born 19 September 1661, married, first, 30 April 1681, to Francis, eighth Lord Sempill.1 She survived him, and was married, secondly, in 1693, to Colonel, afterwards Brigadier-General, Richard Cunningham. She died at Dairy, near Edinburgh, 22 June 1723.2 I. ARCHIBALD PRIMROSE of Dalmeny, the only son of his father by his second marriage, was born 18 December 1664.3 His father left him a large portion of his estate, including that of Dalmeny. He went abroad in 1680 and served with the Imperial Army in Hungary. He did not, however, remain long abroad. In 1688 he was in opposition to the policy of King James, and was cited before the Privy Council on a charge of leasing-making on the Chancellor, and of sowing discord among the officers of state. Through the influence of the Duke of Berwick he obtained a counter- mand of the process, and it is said that to secure himself he 'declared Popish.'* At the revolution in 1688 he was appointed one of the Gentlemen of the Bedchamber to Prince George of Denmark ; and at the Prince's death in 1708 his salary of £600 a year was continued to him for life. In 1695 he entered Parliament as one of the members for the county of Edinburgh, and was a steady supporter of the Government. On 1 April 1700 he was created a Peer under the title of VISCOUNT OF ROSEBERY, LORD PRIMROSE AND DALMENY, with remainder to the heirs-male of his body, whom failing, to the heirs- female of his body, whom failing, to the heirs of entail in the lands of Rosebery.5 He got further advancement on the accession of Queen Anne, being, by patent dated 10 April 1703, created EARL OF ROSEBERY, VISCOUNT OF INVERKEITHING, and LORD DALMENY AND PRIMROSE, with remainder to the heirs-male and heirs- female of his body.' At the same time he was made a Privy Councillor, and he also was appointed the Queen's Chamberlain of Fife and Strathearn, an office which he held till her death. Lord Rosebery was one of the Com- missioners for the Union, and when that measure was 1 Edin. Reg. * Edin. Tests. » Edin. Reg. * Fountainhall, i. 508. * Ada Parl. Scot., x. 199. fl Ibid., xi. 119. 222 PRIMROSE, EARL OF ROSBBBRY carried out he was chosen one of the sixteen Scottish Representative Peers, and was re-elected in 1708, 1710 and 1713. He died 20 October 1723, having married, in February 1690, Dorothea, only child and heiress of Ever- ingham Oressy of Birkin, co. York. She survived him. By her he had issue : — 1. JAMES, second Earl of Rosebery. 2. Everingham, upon whom in 1694 his father settled the barony of Leny, co. Edinburgh, but he died young, before 1698. 3. Richard, died vita patris unmarried. 4. John, storekeeper of Edinburgh Castle, died, un- married, at London in September 1742.1 5. Henry, born 22 March 1697,* died in infancy. 6. Henry (secundus), born 5 May 1704, died young.3 7. Elizabeth, born 2 March 1696,4 died young. 8. Grisella, born 19 February 1698,5 died young. 9. Anne, born 2 March 1699,6 died young. 10. Mary, married, 19 November 1724, to Sir Archibald Primrose of Dunipace, Bart., and died 17 November 1746.' 11. Margaret, married at Durham, 15 February 1738, to Alexander, ninth Earl of Caithness,8 and died at Hermitage, near Leith, 7 October 1785. 12. Dorothea, died, unmarried, at London, 6 November 1768.9 II. JAMES, second Earl of Rosebery, was born about the end of 1690, and succeeded his father in 1723. He also, on the death of Hugh, Viscount of Primrose, in 1741, inherited his estates and the title of Baronet. The estates, it is said, afterwards passed to his son through a contravention of the entail. It is not certain that he succeeded to the title of Viscount of Primrose, Lord Primrose and Castle- field. That Peerage had been granted to Sir James Prim- rose, and the heir-male of his body, whom failing, to the heir-male of his father. The question turns upon whether this carelessly expressed destination is to be read as heirs- male of the body of his father or heirs-male whatsoever of 1 Scots Mag. * Dalmeny Reg. 3 Ibid. 4 Ibid. 6 Ibid. 6 Ibid. 7 Edin. Reg., 220. 8 Cf. vol. ii. 346. » Scots Mag. 223 the same.1 The Earl was a very eccentric person, and numerous stories are told of his doings. He was in con- tinual litigation with other members of his family, and was ultimately declared a lunatic. He died at Edinburgh 26 November 1755, in his sixty-fifth year, and was buried at Dalmeny. He married Mary, daughter of the Hon. John Campbell of Mamore, and sister of John, fourth Duke of Argyll. By her, who died at Barnbougle 7 May 1756, in her sixty-second year, he had issue : — 1. Archibald, born 31 March 1717, died young. 2. John, styled Lord Dalmeny, was born in 1725, and is said to have been a young man of much promise. Having succeeded to the estate of the Viscount of Primrose, through an alleged contravention of the entail by his father, he obtained, in 1749, an Act of Parliament enabling him to make provision out of that estate for his mother, brother and sister, who had apparently been left without any provision by the second Earl. Lord Dalmeny was the hero of a very romantic episode in his life. In 1748, when he was twenty-four, he met a lady, Catherine Canham, the daughter of a wealthy Essex yeoman. She was four years his senior, but being endowed with much personal attraction he fell in love with her, and they were privately married. After the marriage they went to the Continent, where they lived happily together for four years under an assumed name. The lady then took ill and died, but before her decease she confessed to Lord Dalmeny that before he had met her she had been for three years the wife of the Rev. Alexander Gough, Vicar of Thorpe-le- Soken, in Essex, and she begged that she might be buried at Thorpe. Lord Dalmeny therefore had the body embalmed and taken to England, but on arrival the coffin was detained and opened by the customs officials. It remained in the church of Hythe for some days, and the body was at last identified as that of the wife of Mr. Gough by a stranger. The lawful husband was first inclined to take the strongest measures against Lord Dalmeny, but an amicable 1 Cf. RiddelTs Peerage, etc., Law, ii. 898. 224 PRIMROSE, EARL OF ROSEBERY meeting was after a short time arranged. He found that Dalmeny was innocent of all intention to wrong him, and the end of the matter was that hand in hand they both accompanied the coffin containing the remains of the woman they had each loved to its last resting-place in Thorpe churchyard. No monu- ment marks the spot, and the nave of the church was rebuilt in 1875, to the obliteration, it is said, of some interesting landmarks.1 Lord Dalmeny seems to have been deeply affected by the death of this lady, and did not long survive her, dying at Edinburgh 11 August 1755, a few months before his father. He was buried at Dalmeny. There are portraits both of him and Catherine Oanham at Barnbougle. 3. James, died young. 4. NEIL, third Earl of Rosebery. 5. Mary, died, unmarried, before 1749. 6. Dorothea, married, at Barnbougle, 22 November 1766, to Sir Adam Inglis of Oramond, Bart., and died, without issue, at Bath, 3 December 1783. III. NEIL, third Earl of Rosebery, was born in 1729, and being a younger son, went to London and took up a mercantile career. The death of his elder brother, however, and very shortly afterwards that of his father, opened to him the succession to the earldom in 1755, while still a young man. After travelling some time on the Continent, he returned home, and was in 1768 elected one of the Repre- sentative Peers for Scotland, an honour which was repeated at the elections of 1774 and 1780. He was created a Knight of the Order of the Thistle 4 March 1771 ; he died at Barn- bougie 25 March 1814, aged eighty-five. He married, first, at St. George's, Hanover Square, 19 May 1764, Susan, daughter and heiress of William Randall of Yarmouth. She died at Bexley Hall, without issue, 20 August 1771. He married, secondly, in London, 17 July 1775, Mary, only daughter of Sir Francis Vincent of Stoke d'Abernon, Bart. 1 General Evening Post, 15 August 1752 ; St. James's Gazette, 21 March 1794. PRIMROSE, EARL OF ROSEBERY 225 By her, who died at Somerset House, Portman Square, 9 March 1823, he had issue : — 1. ARCHIBALD JOHN, fourth Earl of Rosebery. 2. Francis Ward, born at Barnbougle, 13 February 1785, admitted barrister-at-law by the Society of Lincoln's Inn July 1808, and died 26 May 1860, having married, 10 November 1829, Percy, third daughter of Colonel Ralph Gore of Barrowmount, Ireland : she died 30 August 1864, and had issue three sons and three daughters. 3. Charlotte, born at Holland House 27 August 1776, married, first, 27 May 1800, Kenneth Alexander Howard, first Earl of Effingham, who died 30 January 1845. She married, secondly, 30 April 1858, being then in her 82nd year, at Preston, near Brighton, Thomas Holmes, a Scripture reader. She died 17 September 1864. 4. Mary, born 31 December 1777, died 7 January 1847, having married, 11 April 1808, Henry John Shepherd, who died in May 1855. 5. Dorothea Arabella, born 31 January 1779, died 16 November 1825, having married, 1 September 1801, William Hervey, of Bodvel, co. Carnarvon, who died 5 May 1863. 6. Hester Amelia, born at Barnbougle 17 June 1786, and died there 10 April 1787. IV. ARCHIBALD JOHN, fourth Earl of Rosebery, was born at Barnbougle 14 October 1783. After leaving Cambridge, where he graduated in 1804, he was in the following year elected member of Parliament for Helstone, and at the general election of 1806 was returned for the city of Oashel. Shortly after succeeding to his father he was, in 1817,. elected Provost of the Burgh of Queensferry, that ancient seaport town which lies close to Barnbougle. In 1818 he was chosen as one of the Representative Peers for Scot- land, an honour which was also done him in 1820 and 1826* He had the degree of LL.D. conferred on him by the University of Cambridge 5 July 1819. On 26 January 1828 he was created a Peer of the United Kingdom under the title of BARON ROSEBERY of Rosebery, co. Midlothian. VOL. VII. P 226 PRIMROSE, EARL OF ROSEBERY He was admitted a Privy Councillor in 1831, was created a Knight of the Order of the Thistle 18 March 1840, and was Lord -Lieutenant of Linlithgowshire 1843-63. He died in London 4 March 1868, in his eighty-fifth year. He married, first, 20 May 1808, at St. Marylebone, Harriet, second daughter of the Hon. Bartholomew Bouverie, third son of William, first Earl of Radnor. She, who was born 14 October 1790, was divorced by Act of Parliament in 1815. In the same year she married, at Wiirtemberg, Sir Henry Oarew St. John Mildmay, Bart., the widower of her deceased sister Charlotte. She died at Nice 9 December 1834. Lord Rosebery married, secondly, 12 August 1819, Anne Margaret, eldest daughter of Thomas, first Viscount Anson of Shugborough and Orgrave. She, who was born 3 October 1796, died in London 19 August 1882, and was buried at Dalmeny. By his first wife the Earl had issue : — 1. ARCHIBALD, Lord Dalmeny, of whom presently. 2. Bouverie Francis, O.B., born 19 September 1813 ; was lieutenant-colonel Queen's Edinburgh Rifle Volun- teer Brigade, D.L. for Edinburgh, and Secretary to the Board of Trustees for Manufactures. He died 20 March 1898, having married, 21 April 1838, Frederica Sophia Anson, a younger sister of his father's second wife. By her, who died 11 October 1867, he had issue : — (1) Francis Archibald, born 29 October 1843 ; married, 12 Novem- ber 1872, Jane, daughter of George King of Waratah, N.S.W., and has issue. (2) Sir Henry William, K.C.B., C.S.I., I.S.O., born 22 August 1846, Secretary to the Office of Works 1886-95 ; Chairman of Board of Customs 1895-99 ; Chairman of the Board of Inland Revenue 1899-1907. Married, 2 November 1888, Helen Mary, daughter of Gilbert M'Micking of Miltonise, co. "Wigtown, and has issue. (3) Gilbert Edward, born 27 February 1848 ; married, 13 May 1893, Jessie Catherine, daughter of Lieutenant Costelloe of Lackeen Castle, co. Tipperary. (4) George Anson, born 21 September 1849 ; entered the Navy, and rose to the rank of vice-admiral ; married, 30 April 1889, Mary Cecilia Violet, daughter of Thomas Kenny, M.P., and has issue. (5) Arthur John, Bengal C.S., born 18 June 1853 ; died un- married 13 September 1888. (6) Edward Neil, born 19 November 1854. PRIMROSE, EARL OF ROSEBERY 227 (7) Margaret Sophia, born 24 May 1839 ; died unmarried 26 December 1858. (8) Anna Frances, born 30 September, and died 10 October, 1840. (9) Alice Jane, born 14 March 1842 ; married, first, 16 April 1868, to George William Mercer Henderson of Fordel. He died s.p. 17 October 1881, and she was married, secondly, 27 December 1887, to John, second son of William Stewart, Bellingham. (10) Frederica Mary, born 21 March 1845. (11) Charlotte Henrietta, born 18 October 1851 ; married, 10 January 1878, to Carlton Tufnell, commander R.N., who died 10 January 1893. 3. Harriet, born 13 October 1810, married, as his second wife, 29 December 1835, to Sir John Dunlop, Bart. He died 3 April 1839, and she survived till 8 March 1876. 4. Mary Anne, born 23 April 1812, died 19 May 1826. By his second marriage the Earl had issue : — 5. Anne, born 22 August 1820, married, 30 May 1848, the Right Hon. Henry Tufnell, M.P., who died 15 June 1854. She died 17 September 1862, leaving issue. 6. Louisa, born 4 May 1822, died unmarried 23 March 1870. ARCHIBALD, styled Lord Dalmeny, was born 2 October 1809 ; M.P. for Stirling Burghs 1833 to 1847, and a Lord of the Admiralty 1835-37. Died vita patris 23 January 1851, having married, 20 September 1843, Catherine Lucy Wilhel- mina, daughter of Philip Henry, fourth Earl Stanhope. She married, secondly, 2 August 1854, Henry George, fourth Duke of Cleveland, and died 8 May 1901, having had issue by her first husband : — 1. ARCHIBALD PHILIP, fifth Earl of Rosebery. 2. Edward Henry, born 8 September 1848, colonel Grenadier Guards ; military attache at Vienna ; died unmarried, in Egypt, 9 April 1885. 3. Mary Catherine Constance, born 1844, married, 8 Octo- ber 1885, to Henry Walter Hope of Luffness, with issue. 4. Constance Evelyn, born 1846, married, 15 July 1867, to Henry, second Lord Leconfield, who died 6 January 1901, leaving issue. V. ARCHIBALD PHILIP, fifth Earl of Rosebery, was born 7 May 1847. He has taken a leading part in the public life 228 PRIMROSE, EARL OF ROSEBERY of his day. He was first chairman of the London County Council 1889-90, and in 1892; Lord Rector of Aberdeen University 1878-81, of Edinburgh University 1882-85, of Glasgow University 1899-1902; Chancellor of London Uni- versity since 1902, and Glasgow University since 1908; LL.D. Glasgow 1879, Aberdeen 1881, Edinburgh 1882, and Cambridge 1888 ; Knight of the Garter 1892 ; Knight of the Thistle 1895 ; Under-Secretary for the Home Depart- ment 1881-83 ; Lord Privy Seal and First Commissioner of Works 1885 ; Secretary of State for Foreign Affairs 1886 and 1892-94 ; Prime Minister, First Lord of the Treasury, and Lord President of the Council, 1894-95. He is Lord- Lieutenant of the counties of Midlothian and Linlithgow, an Elder Brother of Trinity House, an elected Trustee of the British Museum, and a Brigadier of the Royal Company of Archers, the King's Bodyguard for Scotland. Lord Rosebery won the Derby in two successive years, 1894-95, those in which he was Prime Minister, and again in 1905. He married, 20 March 1876, Hannah, only daughter and heiress of the Baron Meyer Amschel de Rothschild of Mentmore, Bucks, and by her, who died 19 November 1890, has issue : — 1. ALBERT EDWARD HARRY MEYER ARCHIBALD, Lord Dalmeny, born 8 January 1882, late Lieutenant Grenadier Guards, and M.P. for Midlothian since 1906. Married, 15 April 1909, Dorothy Alice Mar- garet Augusta (born 22 August 1890), second daughter of Lord Henry George Grosvenor, third son of Hugh, first Duke of Westminster. 2. Neil James Archibald, born 14 December 1882. 3. Sybil Myra Caroline, born 18 December 1879, married, 28 March 1903, to Captain Charles John Cecil Grant, Ooldstream Guards, and has issue. 4. Margaret Etrenne Hannah, born 1 January 1881, married, 20 April 1899, to Robert (Crewe-Milnes), first Earl of Crewe. CREATIONS. — Viscount of Rosebery, Lord Primrose and Dalmeny, 1 April 1700; Earl of Rosebery, Viscount of Inverkeithing, Lord Dalmeny and Primrose, 10 April 1703, in the Peerage of Scotland ; Baron Rosebery of Rosebery, PRIMROSE, EARL OF ROSEBERY 229 26 January 1828, in the Peerage of the United King- dom. ARMS (recorded in Lyon Register). — Quarterly : 1st and 4th, vert, three primroses within a double tressure flory counterflory or, for Primrose ; 2nd and 3rd, argent, a lion rampant double queued sable, for Cressy. CREST. — A demi-lion gules holding in his dexter paw a primrose proper. SUPPORTERS. — Two lions vert. MOTTO. — Fide et fiducia. [J. B. P.] THE ANCIENT EARLS OF ROSS OSS was not one of the ancient provinces or earldoms of Scotland, but was comprehended in the great district of Moray, and was ruled by the same Jarls or Earls as that territory.1 But in a writ dated between November 1160 and September 1162 there appears on record I. MALCOLM, Earl of Ross, to whom King Malcolm iv. directed a letter placing the monks of Dunfermline under his protection.2 Some doubts have been cast on his identity, but there is good reason to believe that he is identical with Malcolm MacEth, who also appears before 1160 as a witness to one of King Malcolm's charters.3 He had, for former insurrection against David I., been imprisoned in Roxburgh Castle, but in 1154 Somerled, Lord of Argyll, with his nephews, Malcolm's sons, invaded Scotland, and caused a civil war, which lasted until the King released Malcolm in 1157 4 and, according to an English chronicler, 'gave him a certain province.' Mr. Skene, in his Celtic Scotland, expresses an opinion that this was Ross, part of the terri- 1 Vol. vi. of this work, 280. ? Beg. de Dunfermelyn, 25 ; Ernald, Bishop of St. Andrews, is a witness, which determines the date. 3 Ibid,, 24. 4 Chron. Sancti Crucis. 230 THE ANCIENT EARLS OP ROSS 231 tory of Moray, from the ancient rulers of which he claimed descent. He is not to be confounded with the Wimund whose remarkable career is narrated by William of New- burgh.1 If, as is probable, he was made Earl of Ross in 1157, he may have been the * Gillandres,' one of the six Earls who, according to Wyntoun, joined in the opposition to Malcolm iv. after his return from Toulouse.2 ' Gillandres ' has been supposed to be a different Earl of Ross, but as * Gillandres ' or ' Ghilleanrias ' was the patronymic of the Earls of Ross in the time of Wyntoun, it is not improbable that he applied it to Malcolm. The latter died 23 October 1168.3 Malcolm married a sister of Somerled, Lord of Argyll, and had issue, with others, a son Donald, who was im- prisoned with his father, and a daughter Gormlath, or Hvarfleda, married to Harald, Earl of Caithness. (See that title, and also Moray and Reay.) FLORENCE in., Count of Holland, was created Earl of Ross on his marriage to William the Lion's sister in 1161, but it is doubtful if he ever possessed more than the title, as his descendant complained in 1291 that the earldom was detained from him without reason, and he had never been forfeited.4 After this the earldom remained in the hands of the Crown until Alexander n. bestowed it upon Ferquhard, Earl of Ross. (See next article.) I. FERQUHARD, first Earl of Ross, who is said to have been Ferquhard Macintagart, son of the lay parson of the territory of the monastery of Applecross, which had passed into the hands of a family of lay abbots called Sagarts or Priests of Applecross, and he was therefore a powerful Highland chief.5 When Alexander 11., soon after his acces- 1 Chronicles of Stephen, etc., Rolls ser., i. 72-75; cf. Scot. Hist. Review, vii. 32. 2 Wyntoun, Laing's edition, ii. 196. 3 Chronicle of Holyrood. 4 Palgrave's Illustrations, 20, 21 ; The Clan Donald, i. 147. 6 Skene's Celtic Scotland, i. 482, 483. It was probably to his family that the patro- nymic ' Ghilleandrias ' applied. In another place he is said to be of the Celtic family of O'Beolan ; Collectanea de Rebus Albanicis, 304. 232 THE ANCIENT EARLS OF ROSS sion, was forced, in 1215, to suppress an insurrection in Moray and Ross, Ferquhard, siding with him, seized the insurgent leaders, beheaded them, and presented their heads to the King, 15 June 1215, and was knighted by him.1 He was, at a later date, created Earl of Ross, appear- ing as such in a writ dated probably after June 1226. The charter was at one time upon record, but the roll is now lost.3 He may have been Earl in 1225, but this is not certain. He founded the Abbey of Feme, in the parish of Edderton, some time before 1230,4 the first Abbot being installed in that year. In 1235 he greatly assisted King Alexander n. in suppressing the insurrection in Galloway.6 In 1237 he was witness to an agreement between the Kings of England and Scotland, in presence of Odo, the Legate.6 Dominus Fercardus, Oomes de Ross, is a witness to a com- position between Andrew, Bishop of Murray, and Walter Cumyn, Earl of Menteith, concerning the lands of Kincardine in 1234,7 to a composition between the Chapter of Moray and Alexander de Stryvelene concerning the half davach of land in Devath in 1234 ; 8 and in 1244 he was one of those who informed the Pope of the treaty of peace made with the King of England.9 He died about 1251, and was buried in the Abbey he had founded, where the stone effigy of a warrior is said to mark his grave. He had : — 1. WILLIAM, his successor. 2. Malcolm, named in a confirmation by King Alexander of the donation made by Malcolm, son of Ferquhard, Earl of Ross, to William de Byset of the lands Oraigarn, 24 December and twelfth of reign.10 3. Euphemia, married to Walter de Moravia, knight, Lord of Duffus, 1224-62. 1 Ckron. de Mailros, 117. * Beg. Moraviense, 333, cf. 77, 78. 3 Cf. Anti- quarian Notes, by C. F. Mackintosh. * The Abbey was, not long after its foundation, removed from its original site to another a few miles distant ; hence it was often called Abbacia de Nova Farnia. In 1597 part of the Abbey lands was erected into the temporal lordship of the barony of Geanies, and in 1607 the remaining lands were annexed by Act of Parlia- ment to the Bishopric of Ross ; Statistical Account of Scotland. 6 Fordun a Goodall, ii. 61. 6 Fosdera, Record ed., i. 233. 7 EegisirumMoravienae, 99, No. 85. 8 Ibid., No. 86. 9 Cal. Doc. Scot., i. No. 1655. l° Antiquarian Notes, by C. F. Macintosh, Inverness. The King is not defined in the note of the charter, and the date may either be December 1225 or December 1260. 233 4. Christina, said to have been third wife of Olaus, fifth King of Man and the Isles, who died 1237. II. WILLIAM, second Earl of Ross, described as son of Earl Ferquhard, when he witnessed a charter in September 1232.1 He confirmed his father's donations to the Abbey of Feme, 1258, and made a grant to the religious in Moray, witnessed by Robert, Bishop of Ros, who died 1270.2 He was Jus- ticiary of Scotland north of the Forth, as appears by a precept from him to David Wemys, Sheriff of Fife, 7 October 1239, commanding David Wemys to pay the eighth part of the amercements of Fife imposed in the Justice Ceire of Oupar to the Abbot of Dunfermline, according to his rights.3 In the time of Archibald, Bishop of Moray, who was consecrated 1253, and died 5 December 1298, it seems that William, Earl of Ross, had done some injury to the church of Pettie and to the prebendary of Brachlie, for the reparation of which he gave the lands of Catboll in Ross and other lands to the Bishop and canons of Moray.4 On 18 March 1258-59 he and other Scottish nobles entered into an offensive and defensive alliance with the Prince of Wales and other Welsh magnates that, without their consent, * they would make neither peace nor truce hence- forth with the King of England or any magnates of his realm, who were adverse and rebels to the Welshmen and the granters, unless they were all similarly bound with themselves.5 In 1264 a fine imposed upon him was remitted by the King.6 He obtained a grant of the Isles of Skye and Lewis from Alexander in., and he died at Earles Allane May 1274,7 having married Jean, daughter of William Oomyn, Earl of Buchan, by his first wife.8 He had issue, so far as known, one son, III. WILLIAM, third Earl of Ross. In 1283 he was one of the nobles who acknowledged the Maid of Norway as heir to the Crown.9 He appeared in the convention of Brigham 12 March 1289-90, when the marriage of Queen Margaret with Prince Edward of England was proposed.10 He sided lChartu2aryofMoray,89. * Ibid., 312-317. 3 Chartulary of Dunfermline. 4 Shaw's History of Moray, 170. 5 Cal. Doc. Scot., i. 2155; Rymer's Fcedera, i. 653. 6 Exch. Rolls, i. 20. 7 Kalendar of Fearn. 8 Ante, i. 505. »ActaParl. Scot.,i. 424. 10 Foedera, ii. 471, 555, 572, 592, 643. 234 THE ANCIENT EARLS OF ROSS alternately with the English and Scottish parties ; did homage to Edward I., as overlord, at Berwick 1 August 1291. l He was one of the auditors elected by Bruce and Baliol at the trial before Edward I. in 1292.2 His seal is attached to one of the writings deposited in the Exchequer concerning the fealty done by John Baliol to Edward.3 In 1292 his lands in Argyll were formed into the sheriffdom of Skye/ In 1296 he was one of the leaders of the Scottish army which made an incursion into England, devastating the country, and occupied the castle of Dunbar. On 20 April the Scots were defeated in battle, and on the fol- lowing day the castle capitulated. The Earl was among the prisoners, and was sent to the Tower,5 where the Sheriffs were ordered to pay 6d. a day for his maintenance.8 His eldest son Hugh obtained a safe-conduct to visit him 28 August 1297.7 On or about the 29 September 1303 an order for his escort to Scotland and guard, with minute directions for his journey, was issued.8 He reached Perth 12 December, where he remained with the Prince of Wales until 3 February 1303-4, when he was sent home. In the following December he was with King Edward at Dunferm- line, and received a horse, armour, and other presents from him. In 1305 he was appointed Warden beyond the Spey. In 1306 Bruce's Queen and daughter, Princess Marjory, on the advance of the English army, took refuge in the girth of St. Duthace at Tain, but the Earl, violating the sanc- tuary, delivered them up to the English.9 They were sent prisoners to England, and not liberated till 1312.10 Ed- ward II. numbered the Earl of Ross among his adherents in Scotland, as on the 20 May 1308 he addressed a letter to William, Earl of Ross, and Hugh, son of the said Earl, thanking them for past services, and requesting their aid.11 In 1308 Bruce and the Earl were reconciled at Auldearn ; he did homage to Bruce as King, and was infeft in the lands of Dingwall and Ferncrosky.12 In 1307-8 he reported to Edward n. the invasion of Ross by Robert the Bruce,13 1 Cal. Doc. Scot., ii. No. 508. * Palgrave's Ultist. Docs., 52, No. 18. 3 Cal. Doc. Scot., ii. No. 660. « Acta Parl. Scot., i. 447. 6 Cal. Doc. Scot., iv. No. 1768. 6 Stevenson's Hist. Docs.,ii. 27. J Hist. Docs. Scot., ii. *Cal. Docs. Scot., ii. 357, No. 1395. 9 Book of Pluscarden, ii. 177. 10 Feeder a. 11 Robertson's Index, 101. 12 Acta Parl. Scot., i. 477 ; Robertson's Index, 16, No. 17. 13 Cal. Doc. Scot., iv. 399. THE ANCIENT EARLS OF ROSS 235 and asked aid in this and other matters troubling him, petitioning by his sons Hugh and John, and excusing his truce with Robert the Bruce.1 In 1312 he witnessed, at Inverness, an agreement between the Kings of Scotland and Norway, and in 1320 he concurred in the Barons' letter to the Pope asserting the independence of Scotland.2 He died at Delny 28 January 1322-23,3 having married a lady named Euphemia, who warmly supported the English party.4 He left issue :— 1. HUGH, his heir. 2. Sir John Ross, who married Margaret Oomyn, second daughter and coheiress of John, Earl of Buchan. (See that title.) He had with her a half of the Earl of Buchan's heritage in Scotland.5 Dying s.p., the lands passed to his nephew, William, Earl of Ross. 3. Sir Walter, who was a scholar at Cambridge 1306, and on 4 June 1307 received a gift of 10 marks from King Edward.6 He appears in 1312 as a witness to a charter by Henry Maule to John of Glasreth.7 According to Barbour he was the friend of Edward Bruce, and fell at Bannockburn 23 June 1314. 4. Isabella, who obtained a dispensation from Pope John xxii., dated at Avignon, 1 June 1317, to marry Edward Bruce, Earl of Oarrick, connected within the third and fourth degrees of affinity. He fell at the battle of Dundalk, s.p.Z., 5 October 1318. The mar- riage probably never took place. 5. Dorothea, said to have been married to Torquil M'Leod, second of Lewis. IV. HUGH, fourth Earl of Ross. On 14 December 1307 he was asked to obey the Earl of Richmond as Warden.8 Robert i. gave to Sir Hugh de Ross, knight, son and heir of William, Earl of Ross, the sheriffship and Burgh of Orum- bathy, or Cromartie, 5 December 1316 ; 9 the third part of the fermes of Kirkcudbright was assigned to him.10 He obtained, by various charters from the King,11 the lands of 1 Cal. Doc. Scot., iv. 399. 2 Acta Parl. Scot., i. 463, 474. 3 Kalendar of Fearn. 4 Cal. Doc. Scot., ii. No. 920; also see Stevenson's Hist. Docs., ii. 6 Robertson's Index, ii. 44. 8 Cal. Doc. Scot., ii. No. 1937. 7 Reg. de Panmure, ii. 160. 8 Cal. Doc. Scot., iii. 29. 9 Exch. Rolls, i. p. Ixxxi. 10 Ibid., 356. n Robertson's Index, 2, 56, 58, 59, 60. 236 THE ANCIENT EARLS OF ROSS Skye, Strathglass, Strathconan, etc. He succeeded to the title apparently on 28 January 1322-23, but certainly before 28 March 1324, when, as Hugh, Earl of Ross, he witnessed a charter of King Robert i. to Thomas de Carnoto.1 The same year he was one of the guarantors of the marriage articles of Prince David of Scotland and the Princess Johanna of England.2 Hugh, Earl of Ross, renounced to the King the advocation of the church of Philorth, in Buchan, 29 March 1330.3 At the battle of Halidon Hill, near Berwick, fought on 19 July 1333, he led the reserve to attack the wing which Baliol commanded, but his troops were driven back and he himself slain.4 The English found on his body the shirt of St. Duthace, supposed to possess miraculous powers, and restored it to the sanctuary at Tain. He married, first, in 1308, Lady Maud Bruce, sister of the King.5 By her he had issue : — 1. WILLIAM. 2. John, son of late Hugh, Earl of Ross; died 27 May 1364." 3. Marjory, married, as his second wife, before 1334, to Malise, Earl of Strathearn, Caithness, and Orkney.7 The Earl of Ross married, secondly, before 24 November 1329, Margaret, daughter of Sir David Graham of Old Montrose;8 dispensation granted at Avignon, on the dis- covery, long after they were married and had issue, of a canonical impediment, and legitimating the children.9 She was married again, in 1341, to John de Barclay.10 By her the Earl had issue : — 4. Hugh of Rarichies, first of Balnagown. 5. Euphemia, married, first, to John Randolph, third Earl of Moray, who fell at the battle of Durham, s.p., 17 October 1346; secondly, as his second wife, to Robert, Earl of Strathearn, afterwards King Robert 1 Drummond Writs, facsimile in the Irvines of Drum, by Col. Forbes Leslie, 20. 2 Foedera, Record ed., ii. 3 Ada Parl. Scot., i. 511. * Exch. Rolls, i. cxliv. 6 Robertson's Index, 2, 49 ; Exch. Rolls, i. pref . Ixix ; The Book of Pluscarden, ii. 103. 6 Kalendar of Fearn. T See vol. ii. 320, ante. 8 Exch. Rolls, iv. pp. civ, clvi. 9 The Earls of Ross, F. L. Reid. 10 It has been stated that in 1348 she was married to John de Moravia, but he married Margaret Graham of Menteith ; see that title. THE ANCIENT EARLS OF ROSS 237 ii. ; dispensation granted by Pope Innocent vi., at Avignon, 2 May 1355.1 6. Janet, married, first, to Monymusk of that Ilk ; and, secondly, to Sir Alexander Murray of Drumsergarth. An indenture was executed at Perth, 24 November 1375, between Queen Euphemia and her son Earl David of the one part, and Alexander Murray of Drumsergarth of the other part, agreeing that Alex- ander Murray should marry Lady Janet de Mony- muske, sister of the Queen, who with the Earl promised to assist him in recovering his inheritance, and that Walter Murray, brother to Alexander, should, if he pleased, marry the elder daughter of Lady Janet.2 7. Lilias, said to be married to William Urquhart, Sheriff of Oomartie, but no corroborative evidence has been found. V. WILLIAM, fifth Earl of Ross, Lord of Skye, Justiciar of Scotland north of the Forth, called in a charter of 1374 ' f rater regis,' was in Norway in 1333 when his father died, and did not take possession of his earldom until 1336.3 In 1339 he joined the Steward of Scotland at the siege of Perth.4 By the artifice of a mine he diverted the water from the fosse, and preparations were immediately made for storming the town, when the English governor capitulated, 17 August 1339.5 William, Earl of Ross, son and heir of the deceased Hugh, Earl of Ross, granted a charter to Reginald, son of Roderick de Insulis, of ten davachs of land in Kennetale (Kintail), in North Argyll, dated 4 July 1342.6 It was the same Reginald or Ronald MacRuari whom the Earl murdered in the monastery of Elcho in 1346, when King David assembled an army at Perth to invade England. The murderer then withdrew with his men to the moun- tains.7 The Earl also granted certain lands of Oulclochy to the chapel of St. Mary at Inverness.8 In 1348 the 1 Book of Pluscarden, ii. 238. 2 Anderson's Dip. Scot., p. lix ; Earldom of Strathern, Nicolas. 3 The Scottish Antiquary, iv. 6. * Dalrymple's Annals, ii. 224. 6 Fordun a Goodall, ii. 331. 6 Robert- son's Index, 100. 7 Exch. Rolls, i. p. clxxii ; Book of Pluscarden, ii. 223. 8 This grant is referred to in the transcript of a charter of 1367 in the Button Coll., Adv. Lib. THE ANCIENT EARLS OP ROSS Earl of Ross was accused of having interfered with the collection of the issues of Court.1 Ten years after, in 1358, we find him denying this accusation ; 2 and in the same year he failed to give suit for Forgandenny ; in 1359 Inverlounan was in his hands. King David was liberated in 1357 ; on the 8 May 1357 it was agreed at London that the Earl of Ross and two others should come to England and remain there in * afforcement ' of the hostages for the King's ransom.3 On September 26, 1357 letters-patent were issued, sealed by him, and eleven others, appointing for themselves and the other magnates, and the community of Scotland, plenipotentiaries to treat with the English for the ransom of King David.4 He received a safe-conduct to come to England 6 June 1358. William, Earl of Ross, Lord of Skye, granted a charter of the lands of Gerloch, in Argyll, to Paul Mactyre, dated at Delgheni 5 April 1366, witnessed by Hugh de Ross, his brother.5 The Earl resigned to King David n. all right and claim he had to the forest of Plater, in the lands of Fathynevent, with the advocation of the church of the same ; but that resignation not having been made with his will, he had a charter to that effect from the King 6 May 1369.6 In 1366 the northern lords threw off their allegiance, and refused to contribute their rate towards the payment of the King's ransom and other burdens. Among the principal leaders were the Earl of Ross and Hugh his brother. The Earl remained absent from the Parliaments of 1366 and 1367, but in 1368 he was obliged to find security to keep the peace,7 and engaged within his territories to administer justice and to assist the officers in collecting taxes.8 In 1350, with the approval of his sister Marjory, Countess of Caithness and Orkney, and on condition of obtaining the King's consent, he appointed his brother Hugh his heir.9 On the death of his uncle, Sir John le Ross, he inherited half of the lands of the earldom of Buchan.10 King David favoured the marriage of the Earl's daughter, Euphemia, » Exch. Bolls, i. 543. a Ibid., 546. 3 Cal. Doc. Scot., iii. No. 1629. * Ibid., No. 1651. 6 Keg. Mag. Sig., fol. vol. 62, 65, 74. 6 Ibid., 65, No. 215. ~ Acta Parl. Scot. 8 Tytler, H. 83. e OriginesPar. Scot., ii. pt. 11, p. 487. 10 Acta Parl. Scot. THE ANCIENT EARLS OF ROSS 239 with Sir Walter de Lesley, without her father's sanction, and in 1370, probably remembering the Earl's conduct at Elcho, compelled him to resign all his possessions for re- infeftment. Therefore a new charter was, on 23 October 1370, granted of the earldom of Ross and lordship of Skye, and of all his lands except those which belonged to the earldom of Buchan, to be held first to the Earl and to the heirs-male of his body; whom failing, to Sir Walter de Lesley, Euphemia, his spouse, and their heirs; whom failing, to his youngest daughter Joanna or Janet, and her heirs.1 After his brother Hugh's death he addressed a Querimonia, dated 24 June 1371, 2 to Robert II., in which he styles himself * humilis nepos,' complaining of the way in which all his possessions, and also those of his brother Hugh lying within Buchan, had been taken from him by force and fraud and given by the late King to Sir Walter de Lesley. This complaint met with no result, and a few months later he died at Delny 9 February 1371-72.3 William, fifth Earl of Ross, married (in terms of Papal dispensation dated 25 May 1342 4) Mary, daughter of Angus Og, Lord of the Isles. He had issue : — 1. William, proposed in 1354 as one of the hostages for payment of the King's ransom,5 but in August 1357 he was too ill to travel,6 and must have died before the end of the year. 2. EUPHEMIA, who became Countess of Ross. 3. Joanna or Janet, married, in 1375, to Sir Alexander Fraser of Cowie, ancestor of Lord Salton, and died ante 1400. VI. EUPHEMIA, Countess of Ross, succeeded on the death of her father. Previous to this, however, she had, as indicated, married Sir Walter Leslie, a younger (probably third) son of Sir Andrew Leslie of that Ilk. He is said to have been one of the foremost knights of his time, and served with great distinction against the Saracens. He had with his elder brother Norman a safe-conduct through England on their way to Prussia on 20 August 1356.7 He soon returned, but again set out for foreign parts in October 1 Antiq. of Aberd. and Banff, ii. 386. 2 Ibid. 3 Kalendar of Fearn. 4 Reg. Avenionensis, 67 f. 30. 6 Ada Parl. Scot. 6 Cal. Doc. Scot., iii. p. 435. 7 Rotuli Scotice, i. 797. 240 THE ANCIENT EARLS OF ROSS 1358.1 He is said to have entered the French service and fought for them against the English. He must indeed have gone frequently to France, as he is specially said to have contributed to the defeat of the English at Pontvalain (in 1370), and Charles v. of France granted him, by a letter dated 1 October 1372, a yearly pension of 200 gold francs, as a reward of his services.2 He was apparently in Scotland on 14 October 1363, when King David n. granted him a pension of £40 sterling.3 He again left Scotland, and was, with his brother Norman, one of the knights who under the King of Cyprus attacked the city of Alexandria on 9 October 1365, and despoiled the Saracens.4 He married in the following year, when, on 13 September 1366, he had a charter to himself and Eufamia de Ross, his spouse, of the new forest in the shire of Dumfries.5 They had a Papal dispensation on 24 November 1366, but were evidently married before that date.8 After this he appears to have remained in Scotland for a time, as he took some part in public affairs and was a frequent witness to royal charters up to 1370, when, as indicated above, he was in France for a time. On 23 October of that year he and his wife were secured in their title to the earldom of Ross,7 and in or about 1372 they succeeded to the estates, Sir Walter Leslie calling himself in numerous charters ' Dominus ' or Lord of Ross, though he is styled Earl of Ross by others, notably the King of France.8 The Earl died at Perth 27 February 1381-82." It is important to note that in no writ except a charter of 8 August 1394 10 does she style herself Countess of Ross. She and her first husband are designed as ' Domina ' or ' Dominus ' of Ross. And the seal of the Countess attached to the above writ is identical with a seal of 1381, bearing the legend 'Sigillum Bufamie Lescely dne de ros.' " 1 Rotuli Scotice, i. 830. 2 Historical Records of the Family of Leslie, i. 66. 3 Reg. Mag. Sig., fol. ed., 32, No. 75. * Fordun a Goodall, ii. 488 n. 5 Reg. Mag. Sig., fol. ed., 53, No. 162. « Cal. of Papal Letters, iv. 59. 7 Historical Records, ut supra, i. 70. 8 His seal bears, quarterly, 1st and 4th, on a bend three buckles ; 2nd and 3rd, three lions rampant (Ross). The shield is supported on the breast of an eagle displayed. Legend . . . Lesley domini de Ros. An earlier seal shows only the bend and buckles of Lesley (Scottish Armorial Seals, Nos. 1610, 1611). ° Cronicle of the Earlis of Ross, 9. 10 Rose of Kilravock, 123. » Th* Frasers of Philorth ii. 329. THE ANCIENT EARLS OF ROSS 241 The Countess married, secondly, Alexander Stewart, Earl of Buchan, known as the ' Wolf of Badenoch,' the marriage taking place about 24 or 25 July 1382.1 But this union was not a happy one. The Earl deserted his wife, and was ordered by an Ecclesiastical Court on 2 November 1389 to adhere to her.2 On 9 June 1392 Pope Clement vn. issued a commission to dissolve her marriage with the Earl, and again on 5 and 15 December to grant a divorce a mensa et thoro.3 The Countess is said to have become a nun, but the evidence is doubtful,4 and she appears to have died in 1394, a date often assigned as the date of her second husband's death, but he survived till after March 1404-5. (See title Buchan.) The Countess was still alive on 5 Sep- tember 1394, and it is possible that 20 February 1394-95, usually assigned as the date of her husband's death, was that of her own decease. By her first husband the Countess of Ross had issue : — 1. ALEXANDER, who became Earl of Ross. 2. MARGARET or MARY, married to Donald, Lord of the Isles. VII. ALEXANDER LESLEY, Earl of Ross, succeeded his mother about 1394, though he is, on 5 September of that year, described as heir-apparent of the earldom.5 He was certainly Earl of Ross before 5 February 1398-99, when he resigned the barony of Fythkill (now Leslie) in favour of his cousin Sir George Leslie of Rothes ; and he also, on 8 November 1398, granted to Sir George the lands of Wood- field, • Pitnamoon, and others, in return for 200 merks lent to the Earl to relieve his lands and earldom out of the 1 Historical Records, ut supra, i. 76. 2 Reg. Morawense, 353. 3 Reg. Avenionensis, vols. 269, f . 391 ; 272, f . 569. * It has been asserted (Hist, of the Priory of Beauly, 197) that the Earl of Buchan being dead in 1394. the Countess took the veil and became Prioress of Elcho, and afterwards built the chapel aisle in Ross Cathedral. But the Earl did not die in that year, and the Countess was alive on 8 August 1394, when as Countess she gran ted a charter to her ' brother,' Sir George Leslie of Rothes ; Family of Rose of Kilravock, 122. Besides, the alleged nunship is founded on a mistake, a seal of Euphemia Leslie, Abbess of Elcho, about 1532 and later, being misinterpreted to be that of the Countess and dated in 1394. See the fallacy exposed in Scottish Armorial Seals by W. Rae Macdonald, No. 1620 ; cf. Laiug's Seals, ii. No. 1141, where an engraving is given, showing a very different seal from that of the Countess ; Scottish Armorial Seals, No. 2333. 6 Registrum Moraviense, 355. VOL. VII. Q 242 THE ANCIENT EARLS OF ROSS hands of the Crown. He did not, however, live long to enjoy it, as he died at Ding wall on 8 May 1402.1 Married before 1398 Isabel, elder daughter of Robert Stewart, Earl of Fife and Duke of Albany, Regent of Scotland, third son of Robert n. She married, secondly, before February 1407-8, Walter of Haliburton.2 The Earl had issue :— VIII. EUPHEMIA, de jure Countess of Ross — not, how- ever, so styled in the only charters containing her name, but only as daughter and heiress of Alexander Leslie, Earl of Ross — seems to have had a somewhat unfortunate career. From a precept of 11 July 1405, it would appear she was then the ward of her grandfather, Robert, Duke of Albany, who then styles himself Lord of the ward of Ross.3 It is stated by some historians of the family that she was deformed, or ' crouch backed,' 4 and she was probably in consequence of a weakly constitution. In any case, her uncle by marriage, Donald, Lord of the Isles, claiming to be Earl of Ross through his wife Margaret or Mary Leslie, thought it a good opportunity to set the heiress aside, and marched, in 1411, with a large army to enforce his rights. The battle of Harlaw, on 24 July 1411, frustrated his purpose, and the earldom remained in the hands of the heiress or her guardians. She is said to have entered the convent of North Berwick and become a professed nun, and to have been induced by flattery and threats to give up her rights to the Governor's second son.5 It has been alleged in a recent work that one or both of these causes prompted the attempt of the Lord of the Isles,6 but dates will not admit of this. His attempt was in 1411, whereas the Countess did not resign the earldom till June 1415. Not only so, but in that year it was proposed that she should marry Thomas Dunbar, afterwards third Earl ol Moray, heir-apparent of Thomas, second Earl of Moray. The parties applied to the Pope (Benedict xm.) for a dis- pensation on the alleged ground that they were related in 1 Cronicle of the Earlis of Ross, 9 ; Kalendar of Fearn. 2 Reg. Mag. JSig., fol. ed., 232 ; cf. vol. iv. 334. 3 Thanes of Cawdor, 5. * Rothes MSS. and MS. Hist, of the Earls of Ross, in the Advocates' Library, cited in The Clan Donald, i. 149 n. 6 The Clan Donald, i. 151 n. ; Coll. de Rebus Albanicis, 500. 6 Th* Clan Donald, i. 149-151. THE ANCIENT EARLS OF ROSS 243 the third and fourth degrees of consanguinity, and that, by the advice of their kin and friends, they desired to marry.1 The Pope issued a commission, dated 3 June 1415, for the usual dispensation, but on 12 June, probably before the Papal writ reached Scotland, she had resigned the earldom, and on 15 June 1415 the Duke of Albany granted the lands resigned, the earldom of Ross, the lands of Strathglass and others named, in favour of Euphemia Leslie herself, who is not designed Countess of Ross ; and failing her, to his own second son John, Earl of Buchan ; whom failing, to his own third son Robert ; whom failing, to pass to the King and his heirs.2 On the same day Euphemia resigned the lands of Kingedward in Buchan, which were granted only to John, Earl of Buchan, and his heirs. She is not styled Countess in this writ either.3 After this, John Stewart, Earl of Buchan, bore the double title of Earl of Buchan and Ross until his death at the battle of Verneuil, 17 August 1424, but of Euphemia Leslie we hear no more, and it is possible she, as is said, entered a cloister. 1 X. MARGARET or MARY LESLEY, on the death of her brother Alexander, Earl of Ross, became heir-presumptive to her niece Euphemia in the earldom. She is frequently called Margaret, but her true name was Mary, as appears from Celtic records.4 She had married Donald, Lord of the Isles, and he, in his wife's name, claimed the earldom, and proceeded to seize it by force, as already stated, but in consequence of the battle of Harlaw the Lord of the Isles, though unconquered, abandoned his enterprise, if he did not abandon his pretensions, and the earldom of Ross, as stated, remained in the Governor's hands. Donald died at Isla about 1423. His wife died in 1440.5 They had issue : — 1. ALEXANDER, who became Earl of Ross, whose career, with his marriages and descendants, will be found under the Lords of the Isles. (See that title for other descendants of Donald of the Isles.) 1 Reg. Avenionensis, vol. 347, f. 356. 2 Original charter in Gen. Reg. Ho., No. 243; Lord Hailes' Sutherland Case, v. 29. 3 Father Hay's Col- lection, Advocates' Library, 34.1.10, i. 528. 4 Skene's Celtic Scotland, iii. 408. 6 Ibid. 244 One daughter, however, is omitted there, Mariota, mar- ried to Alexander Sutherland of Dunbeath, as appears from an obligation by her brother Alexander, Lord of the Isles, in 1439.1 ARMS. — The third Earl bore on his seal three lions rampant. Hugh, fourth Earl, bore on a chevron between three lions rampant as many crosses patee. William, fifth Earl, bore three lions rampant within a royal treasure.2 [J. A.] 1 The Thanes of Cawdor, 16 ; Donald, Lord of the Isles, had other children, but they were not by the Countess Mary. 8 Macdonald's Armorial Seals, 2326-30. STEWART, DUKE OF ROSS HE title of Duke of Ross has only been held by two members of the Royal Family. The first of these was I. JAMES STEWART, second son of King James in. He is said to have been born in March 1475-76,1 but, on the other hand, it is stated that he was eighteen when he was made Arch- bishop of St. Andrews in 1487.2 He was created at his baptism Marquess of Ormond.3 On 23 January 1480-81 he got from his father a charter of the lands of the earldom of Ross, which had fallen to the Crown on the forfeiture of John, Lord of the Isles.4 This apparently carried the title of Earl of Ross with it, for though he is only called Marquess of Ormond in a charter a few weeks later, 5 April 1481, conveying to him the lands of Brechin, Ardmannach, and others, yet in a confirmation of the above two charters on 12 April of the same year he is styled Marquess of Ormond, Earl of Ross, etc.5 He was educated, in the first place, by George Shaw, Abbot of Paisley.8 In 1487 negotiations were begun for a marriage between the Marquess and the Princess Catherine, 1 Treasurer's Accounts, i. Ixiv. 2 Eubel's Hierarchia Catholica. 3 Crawfurd's Lives, 58. 4 Reg. Mag. Sig. 5 Ibid. 6 Ibid., 19 August 1488. 245 246 STEWART, DUKE OF ROSS third daughter of Edward iv.,1 but nothing came of them, On 29 January 1487-88 he was created DUKE OF ROSS, MARQUESS OF ORMOND, EARL OF EDERDALE, otherwise called ARDMANNAOH, LORD OF BREOHIN AND NEVARE.2 After his father's death he was com- mitted to the guardianship of the Earl of Bothwell, Keeper of Edinburgh Castle, and he appears to have lived there for several years. Schevez, the Archbishop of St. Andrews, died in January 1497, and the Duke of Ross was nominated his successor. He is actually styled Archbishop in a charter to the University of Aberdeen 22 May 1497, but from a document emanating from the Vatican on 20 September he seems only to have been made Administrator of the Diocese till he had attained the legitimate age for a Bishop, which was nominally thirty. In December he went to Rome to get confirmation from the Pope, and it was probably when there that he seems to have been instituted to the Oommen- datorship of the Abbey of Holyrood.3 He styles himself com- mendator on his archiepiscopal seal,4 but there is evidence to show that Robert Bellenden was still Abbot 13 September 1498, if not later, as he is stated to have been sixteen years Abbot, and his predecessor died in the beginning of 1483.6 In 1500 Stewart was translated to the Oommendatorship of Dunfermline.8 In 1501 he was made Chancellor of Scotland, and in the following year he got the Commendatorship of the rich Abbey of Arbroath, though the Papal Bull confirm- ing him in it was not issued till 7 July 1503. He did not enjoy his honours long, in fact it is doubtful if he was ever consecrated as Archbishop. He died at Edinburgh 12, and was buried at St. Andrews 29, January 1503-4.7 II. ALEXANDER STEWART, the posthumous son of King James iv., was born 30 April 1514," and is said to have been styled Duke of Ross. He died an infant 18 December 1515. [J. B. P.] 1 Foedera, xii. 329. * Ada Parl. Scot., ii. 181. 3 Brady's Episc. Succes- sion, i. 182. * Herkless's Archbishops of St. Andrews, 191. 6 Liber CartarumS. Crucis, xxxi, xxxii. 8 Brady, i. 178. 7 Treasurer's Accounts, ii. 485; iv. 182. « Balfour's Annals, i. 238. ROSS, LORD ROSS OSS, as a surname, ap- pears very early both in England and Scotland, and is said, perhaps with truth, to be derived from the place of that name in Yorkshire. The earliest of the name in Scotland, Godfrey de Ros, is said to have followed the fortunes of the More- villes, from whom, about 1160, he obtained the lands of Stewarton and others in Ayrshire.1 The number of Rosses who appear on record between that date and 1367, when John Ross the direct ancestor of the family of Halkhead, first acquired that estate, is very great, and it is difficult to set out the pedigree with accuracy. He had two brothers Godfrey and William, as appears from two safe-conducts to him in November of the years 1360 and 1362,2 and they were the two elder sons of Sir Godfrey Ross, Sheriff of Ayr in 1335, who adhered to Edward Baliol, and was killed in Scotland before April 1344.3 Godfrey, the elder son, remained in England a time,, where he received visits from his brothers. JOHN Ross, perhaps the youngest brother, appears on record first in a writ of 25 October 1357, when he had a safe-conduct to pass into England.4 He travelled at in- 1 Nisbet's Heraldry, ii. App. 27. 2 Rotuli Scotice, i. 852, 866. s Cal. Doc. Scot., iii. Nos. 1432, 1435. * Fasdera, Record ed., iii. 381. 247 248 ROSS, LORD ROSS tervals into that country as already indicated, but little else is recorded of him. In 1367 he received a grant of the lands of Hacket or Halkhead, in the barony of Renfrew, from Robert, Earl of Strathearn, who styles himself * con- sanguineus,' or kinsman, to the grantee.1 It is not certain when the first Ross of Halkhead died, but he was succeeded by SIR JOHN DE Ross, who was a witness, in 1392 and 1397, as Johannes de Ross, miles, dominus de Halkhead,2 on 28 October 1405 as Johannes de Ross de Haukheid miles,8 and under the same designation on 13 October 1409.4 On 14 December 1413 he was a party to a notarial instrument as * dominus Johannes de Ross miles dominus de Haukheid.5 He was succeeded by Sir John Ross of Halkhead, probably his son. SIR JOHN Ross of Halkhead was a witness on 6 August 1447, as * Jon Rosse de Haukede.' 8 He was appointed heritable constable of the castle of Renfrew, with a grant of the customs at the principal fairs of that borough.7 He was succeeded by another Sir John Ross of Halkhead, probably his son. I. SIR JOHN Ross of Halkhead first achieved distinction as one of the combatants in the tournament held on 25 February 1448-49, in the presence of James n., between two knights and an esquire of Scotland and the same of Bur- gundy, the other two Scots representatives being James Douglas, brother of the Earl of Douglas and James Douglas, brother of Lochleven.8 He had a charter, * Johanni le Rosse de Haukhede militi,' of the lands of Tarbert in Ayrshire and Auchinbak in Renfrewshire, on the resignation of Robert Rosse of the monastery of Holy rood on 17 January 1450-51. 9 He had a safe-conduct on 12 May 1451 to John Ross, knight, to pass through England with William, Earl of Douglas,10 1 Nisbet's Heraldry, ii., Bagman Roll, 27. 2 Chartulary of Paisley, 228 ; Crawfurd's Renfrewshire, 515. 3 Antiq. of Shires of Aberd. and Banff, iv. 87. * Reg. Mag. Sig., fol. vol. 243, 1. 5 Eraser's Maocwells of Pollok, 147. 6 Reg. Mag. Sig., 10 August 1450. r Crawfurd's Renfrewshire, 44. 8 Asloan MS. 18, 40 ; Pinkerton, i. 207 ; Douglas Book, by Sir W. Fraser, i. 478-479. 9 Reg. Mag. Sig. 10 Gal. Doc. Scot., iv. 1232. ROSS, LORD ROSS 249 another to John de Rose (sic), Lord of Halkhed, 27 May 1459.1 He had charters of Starlaw and Denys in the barony of Bathgate 2 and of Lochtillow in the same barony.3 He was made Sheriff of Linlithgow in succession to Archibald Dundas of that Ilk ; and his account as Sheriff rendered in June 1471 seems to show that he was superseded in that office by Henry Livingston in 1468, and restored to it again on 3 August 1469/ He was reappointed Sheriff on 9 March 1472-73.5 Prom 1463 to 1468 inclusive he had an annuity from the customs of Linlithgow or Edinburgh as keeper of Blackness Castle.6 His pension does not occur in the accounts of 1469 and immediately succeeding years ; but in 1474 his salary as keeper of Blackness again begins to be regularly paid^from the farms of Bonnington and Blackness.7 Between 1471-73 he was appointed bailie of the barony of Melville by his daughter-in-law Agnes Melville, heiress of Thomas Melville.8 He was one of the ambassadors to England to whom a safe-conduct was granted 24 August 1473.9 On 8 November 1482 he joined with Andrew Stewart, Bishop-elect of Moray, John [Stewart], Earl of Atholl, and others, in a bond of relief for 6000 ducats to the Provost and community of Edinburgh in the event of the Bishop being promoted to the Archbishopric of St. Andrews.10 On the 21 September 1484 he was conservator for a truce between England and Scotland till 29 September 1487." He occurs among the barons in the Parliament 3 February 1489-90." He had a charter, to John Ross of Halkhead, knight, of part of Auchinbothy Wallace 17 Feb- ruary 1490-91. 13 He is found under a similar designation in a charter of 19 February 1492-93." He was created LORD ROSS of Halkhead some time before 31 May 1499, when, as such, he granted a charter of Walterstoun, Lin- lithgow, to John Ross de Male vyn, knight, his heir-apparent.16 1 Fcedera, xi. 420. 2 Reg. Mag. Sig. , 16 July 1468. 3 Ibid. * Exch. Rolls, viii. 12, 13. 6 Reg. Mag. Sig. 6 Exch. Rolls, vii. 365, 404, 500, 506, 589. 7 Ibid., ix. 15, 173; viii. 213, 214, 305, 333, 404, 511, 602; x. 33. 8 Eraser's Melville Book, i. 21. 9 Fcedera, xi. 775. 10 Charters, etc., relating to the Burgh of Edinburgh, 154-156. Sir John's seal, still attached to this docu- ment, shows on a shield couche, a chevron chequy, between three water budgets. Crest, on a helmet with mantling, a hawk's head erased. Legend (imperfect), 'S . . . JOHIS. . . .' ll Cal. Doc. Scot., iv. 1505. 12 Acta Parl. Scot., ii. 216. 13 Reg. Mag. Sig. 14 Ibid. « Ibid., 25 August 1499. 250 BOSS, LORD BOSS He died between 12 December 1500 and 16 October 1501r when his successor had a precept of sasine from John, Lord Sempill, in the lands of Oraigrossy.1 He married, first, Marjory, daughter of John Mure of Oaldwell, and their effigies are represented on a fine recessed tomb in the parish church of Benfrew.2 After 1491 he married Marion Baillie, widow of John, third Lord Somerville, from whom he obtained a divorce.3 He had issue : — 1. BOBERT. 2. Giles, married to James, son of Sir John Auchinleck 4 of Auchinleck, contract dated 3 March 1480.5 BOBERT Boss, predeceased his father, having married, before 1471, Agnes Melville, daughter and heiress of Thomas Melville of that Ilk. She died before 1478,8 leaving a son JoJw, who succeeded his grandfather. II. JOHN, second Lord Boss, was retoured heir of his mother in the barony of Melville on 16 May 1496,7 and obtained a charter under the Great Seal, dated 11 March 1501-2, confirming a donation of the King 'to the late John, Lord Boss of Halkhede, knight, grandfather of the present John, Lord Boss of Halkhede, knight, of the island of King's Inche in Clyde.'8 He had charters to John, Lord Boss of Halkhead, of the lands of Dikbar, Oastlebar, and Matthewbar, 30 July 1502, and of Bail- ston, Benfrew, 11 February 1505-6.9 In 1502 sasine was granted to him of Halkheid, Leys, Thurscrag, Bochmoshil, Arthurle, and Auchenbonkis, as John Boss, and of Bos- holmes, Hill de Dunlope, Olontriplak, Oulgrowte, Ynch, Tarbart, Overauchenbak, and others.10 On 1 April 1506 he was visited by King James iv. at Halkhead, when he appears to have been engaged on some building opera- tions, as the King gave drink silver to his masons." In February and March 1507-8 he was playing * the Irish game,' cards, and shooting the culverin with the King.12 He had 1 Haddington Book, by Sir William Fraser, ii. 242 ; MS. 35.4.16. Adv. Lib. i. 231. 2 Proc. Soc. of Antiq. Scot., xxix. 370. 3 Acta Dom. Cone., xv. 148. * Reg. Mag. Sig., 3 March 1480-1 (ii. No. 1483). 6 Douglas Book, iii. 113. « Fraser's Melville Book, i. 21. T Ibid., i. 22. 8 Reg. Mag. Sig. 9 Ibid., 4 March 1502-3, 12 February 1505-6. » Exch. Rolls, xii. 711, 712. » Treasurer's Accounts, iii. 192. " Ibid., iv. 101, 102, 105. ROSS, LORD ROSS 251 charters, to John Ross of Melville and Christian Edmon- stone, his wife, of the lands of Tortrevane, in the county of Edinburgh, 27 September 1490,1 and of the lands of Walters- toun in Linlithgow, * Johanni Ross de Malevyn militi, suo haeredi apparent!,' from his grandfather John, Lord Ross of Halkhead, 31 May 1499.2 He also had charters to John, Lord Ross of Halkhead, of the lands of Melville, Stane- house, and Mosshouse, in the county of Edinburgh ; Tortre- vane, Prestoun, Walterstoun, and Morningside, in the counties of Linlithgow and Stirling. These lands were incorporated into the free barony of Mailvile.3 He was killed at the battle of Flodden 9 September 1513. He married, before 27 September 1490, Christian, second daughter of Sir Archibald Edmonstone of Duntreath,4 who survived him and married Mr. George Knollis, but the marriage was annulled about 1515, on account of her relationship to his first wife, Grizel Rattray.5 She sur- vived until May 1551.' Lord Ross had issue : — 1. NINIAN, third Lord Ross. 2. Andrew, who had a charter of the lands of Wardlaw, co. Linlithgow, from his brother Ninian, and was the ancestor of the Rosses of Wardlaw.7 3. Mr. Thomas Ross, styled brother to Ninian, Lord Ross, in a writ, dated 29 March 1557,8 relating to his sister. 4. HeZew, married to John Blair of that Ilk. III. NINIAN, third Lord Ross, had sasine of the lands and barony of Mailvil, lands in Renfrew, and of Tarbert, on 24 October, 24 November 1513, and 24 February 1513-14 respec- tively.9 He was frequently present in the Parliaments of King James v. between 1515 and 1540.10 He was one of the Scottish nobles who, in 1515, despatched ambassadors to France to endeavour to get Scotland included in the pacifi- cation with England." He ratified a treaty with England 30 June 1534.12 He died in February 1555-56.13 He married, 1 Beg. Mag. Sig. 2 Ibid., 25 August 1499. 3 Ibid., 21 February 1508-9. * Gen. Acct. of the Family of Edmonstone, 35, App. n. 38. 6 Liber Officialis S. Andree, 5. 6 Acts and Decreets, xiv. f. 228. 7 Sheriff Court Book of Linlithgow, 9 June 1542. 8 Acts and Decreets, xiv. f . 228. 9 Exch. Rolls, xiv. 515, 529, 537. 10 Acta Parl. Scot., ii. 281, 285, 292, 322, 335, 356,^368. 11 Fotdera,xiii.509. 12 /6td., xiv. 540, 541. « ^cts and Decreets, xxiv. f . 142. 252 ROSS, LORD ROSS first, Janet Stewart, third daughter of John, Earl of Lennox ; l secondly (contract 12 December 1523), Elizabeth, youngest daughter of William, first Lord Ruthven, and widow of William, fifth Earl of Enroll.2 He married, thirdly (contract 9 December 1529), Elizabeth Stewart, widow of John, Earl of Lennox, and daughter of John, Earl of Atholl.3 He married, fourthly, Janet Montgomery, who survived him.4 He had issue : — 1. Robert, Master of Ross ; killed at the battle of Pinkie- cleuch 10 September 1547.5 He married Agnes Mon- crief, relict of Thomas Scott of Abbotshall,6 by whom he left a daughter Elizabeth,"1 who married, 10 May 1562, Lord Fleming.8 2. JAMES, who succeeded. 3. Hugh, witness to a contract by Lord Ross on 11 November 1573.9 4. William, designed 'brother and servand1 to James, Lord Ross, on 4 February 1560-61. 10 5. Christian,11 married, in 1543 (dispensation 10 July 1538), to John Mure of Oaldwell, but was divorced from him, and married, secondly, 5 November 1552, Nicolas Ramsay of Dalhousie,12 whom she survived, and thirdly, before 8 July 1555, John Weir, and died be- tween that date and February 1556-57." Lord Ross also had an illegitimate son John,14 who had the lands of Tartraven granted to him.15 IV. JAMES, fourth Lord Ross, is said, in a contemporary account of the Peers of Scotland, to be descended from Hugh Rosse, whose son Walter was Earl of Rosse ; * they have been men of good stomach and hardy; their power 1 Ante, v. 350. 2 Reg. Mag. Sig., 12 December 1523 ; ante, iii. 568. 3 Acta Dam. Cone., xli. ff. 25, 30. His marriage-contract with the Countess was probably that of date 9 December 1529 ascribed to the Countess of Erroll in the Complete Peerage. * Acts and Decreets, xx. f. 270. 5 See his will, Edin. Tests. 6 St. Andrews Tests., 13 January 1549-50. 7 See his will, Edin. Tests. 8 Cal. of State Papers, Scot., i. 622. 9 Eraser's Melville Book, i. p. xlii. 10 Acts and Decreets, xx. f. 299. u Wood, in his Douglas, assigns to Lord Ross a daughter Margaret, said to be married to Andrew Murray, apparent of Balvaird, but she was a daughter of John Ross of Craigie ; Liber Officialis S. Andree, 97. 12 See vol. iii. 93. 13 Acts and Decreets, xiv. f. 104. " Peg. Mag. Sig., 13 April 1553. 16 Protocol Book of Gilbert Grote, MS., 1. BOSS, LORD ROSS 253 and living not great ; assistant and allies ever to the house of Lennox, this house is now descended to a dau[ghter].' l On 13 September 1548 he obtained a Great Seal charter of Halkhead.2 In a document under date 1560, being a * list of all noblemen of the congregacion of Sc[otland],' he is described as neutral.1 He was present at the convention of the nobility held at Stirling, which unanimously approved of Queen Mary's marriage to Darnley,4 and at a meeting of the Privy Council at Glasgow on 5 September 1565.5 On the same day he signed the ' Band of the Lordis and Baronis of the West cuntre,' promising to faithfully serve Mary and Darnley against the insurgent lords.' On 10 October 1565 he was ordered to accompany the vanguard of the Queen's army in pursuit of the rebels.7 Queen Mary occasionally visited him at Melville, bringing Riccio with her ; and so frequent were his visits there that Melville came to be called Riccio's house. Lord Ruthven, as the chief actor in his murder, upbraided the Queen on the ground that Riccio had caused her to put Lord Ross out of his whole land because he would not give over the lordship of Melville to Riccio.8 He was on a jury for the trial of Both well 12 April 1567.8 He signed the Band of the Nobility to Bothwell, commonly called 'Aynesleyes Supper,' and dated 19 April 1567, to which the Queen gave her consent the night before her marriage to Bothwell on the 14 May 1567, and in which the signatories pledged themselves to maintain his quarrel with their bodies, goods, and gear.10 On the 8 May 1568 he signed a bond for defence of the Queen at Hamilton.11 He was taken prisoner at Langside by the Regent Moray.12 On 28 July 1568 he signed a letter to Argyll and other adherents of Queen Mary asking for Queen Elizabeth's assistance in the cause of the Scottish Queen.13 On 18 September 1570 he appears in a list of noblemen adhering to the King,14 but on the 26 August 1571 he is described as neutral but ' na force,'15 and again in 1578 he appears in a list of nobles adhering to the Queen, and not very attached to Calvinism.18 1 Cal. of State Papers, Scot., v. 260. 2 Reg. Mag. Sig. 3 Hamilton Papers, ii. 748. * P. C. Beg., i. 335. 6 Ibid.,362. • Ibid., 363. 7 Ibid., 379. 8 Fraser's Melville Book, xxxvii, xxxviii. 9 P. C. Beg., xiv. Ixvii. 10 Cal. of State Papers, Scot., ii. 322. " Ibid., 403. « Ibid., 405-407. 13 Ibid., 467-468. " Ibid., iii. 351. 16 Ibid., 667. 16 Ibid., v. 329. 254 BOSS, LORD ROSS He was present in Parliament on 27 and 30 April 1573.1 He was a Roman Catholic.2 On the 20 June 1573 he and his brother-in-law, Lord Semple, were excommunicated.3 On 5 March 1574 he was appointed a Commissioner of Musters.4 He was present at the Parliament of 20 October 1579, which proscribed the Hamiltons.5 He died 2 April 1581,' having married Jean, daughter of Robert, third Lord Semple, who survived him,7 and died 28 February 1592-93," by whom he had issue : — 1. ROBERT, fifth Lord. 2. WILLIAM, tenth Lord Ross (see p. 257). 3. Elizabeth, married (contract 20 November 1582 ') to Allan Lockhart, son and heir-apparent of Quinti- gern or Mungo Lockhart of Oleghorn.10 4. Jean, married, first, to Sir James Sandilands of Calder ; secondly (contract dated 29 July 1580), to Henry Stewart of Craigiehall.11 5. Dorothy." 6. Alison or Alive, called also Helen, married to Sir John Melville of Oarnbee.13 7. Grisel, married (contract 18 March 1589-90) to Sir Archibald Stirling of Keir.u She died on 3 October 1618." V. ROBERT, fifth Lord Ross, had sasine of the lands of Halk- head on 30 October 1581, 18 and of those of Brumelandis and Roisholm 15 May 1583," he was present at the Parlia- ment in Edinburgh on 19 May at which Angus, Mar, Glam- mis and their numerous adherents were declared guilty of treason, and forfeited.18 He appears to have been of pro- fligate habits.19 In 1590 he had sasine of Tarbert.20 In September of 1591 he was in rebellion against his sovereign, as on 30 September 1591 James vi. wrote to Lord Hamilton that Lord Ross continues in rebellion, and directed that 1 Col. of State Papers, Scot., iv. 553-555. 2 Ibid., iii. 459. 3 Ibid., iv. 590. 4 Acta Parl. Scot, iii. 92. 6 Ibid., 122. • Edin. Tests. » Ibid. 8 Ibid. 9 Beg. of Deeds, xxi. f. 204. 10 Cf. also Reg. Mag. Sig., 23 March 1582-83. 11 Reg. of Deed*, xviii. f. 48. 12 See her father's will, Edin. Tests. 13 Cf. Reg. of Deeds, xxvi. f. 367; Reg. Sec. Sig., Ivii. f. 124. " Sterlings of Keir, by W. Fraser, 45 ; cf. Reg. of Deeds, xxvi. f . 368 ; xl. f . 290. 15 Dun- blane Tests., 12 July 1619. 16 Exch. Rolls, xxi. 458. 17 Ibid., 487. 18 Acta Parl. Scot., iii. 290. » P. C. Reg., iv. 34, 637. 20 Exch. Rolls, xxii. 440. ROSS, LORD ROSS 255 steps should Tbe taken to bring him to justice.1 He died October 1595, having married Jean Hamilton, daughter of Gavin Hamilton of Raploch.2 By her, who married, secondly, before 24 February 1601 ,3 Sir Robert Melville of Burntisland, afterwards second Lord Melville of Monimaill,4 and died May 1631, he had issue : — 1. JAMES, sixth Lord Ross. 2. Robert, second son, so described in 1607.5 He died in March 1617.6 Lord Ross had also a natural daughter Elspeth, who was married to Mr. James Miller, advocate.7 VI. JAMES, sixth Lord Ross, was retoured heir of his father on 13 September 1615 in Tortreven, Watterstoun,8 Morn- ingsydis,9 Prestoun, and of his grandfather, on 13 February 1600,10 and also in Brumelandis, and others.11 He was present In the Parliament of 22 June 1617 ; and on 4 August 1621 voted against the ratification of the Articles of Perth by the Estates.12 He was present at the Conventions of 27 October 1625 13 and 28 July 1630,14 and at a meeting of the Privy Council15 on 20 April 1626.16 He was on commissions to search for Papists on 25 October 1626," 25 July and 3 Nov- ember 1629.18 He had charters of Easter Stanelie on 16 July 1631,19 Corsbar and Inglistoun on 3 November 1632,20 of Craig and Balgone on 16 January 1632." He made his will 13 October, and died 17 December, 1633, and was buried at Renfrew,22 having married (contract 19 December 1614 and 30 January 1615) Margaret, daughter of Walter, first Lord Scott of Buccleuch,23 and by her, who married, secondly, about 1643, Alexander, sixth Earl of Eglintoun, and died 5 October 1651 at Hull,24 he had issue : — 1. JAMES, seventh Lord Ross. 1 Eraser's Melville Book, ii. 11. 2 Ibid., i. 132 ; Reg. Ho. Cal., No. 2973 ; Reg.of Deeds, M, f. 210. 3 P.C. .Rep., vi. 214. * See ante, vol. vi. 99. 5 P.O. Reg., xiv. 532; vii. 436. 8 Canongate Reg. of Burials. 7 Reg. of Deeds, 495, p. 270; Edin. Tests., 24 October 1648. 8 Retours, Linlithgow, 92. 9 Retours, Stirling, 83. 10 Retours, Ayr, 29. u Reg. Mag. Sig., 3 Novem- ber 1632 ; Retours, Ayr, 131 ; Retours, Edin., 354. 12 P. C. Reg., xii. 557 n. 13 Acta Parl. Scot., v. 166 ; P. C. Reg., 2nd ser., i. 150. 14 A eta Parl. Scot., v. 208. 15 P. C. Reg., 2nd ser., i. 271. 16 Ibid., 277. 17 Reg. Mag. Sig. 18 P. C. Reg., 2nd ser., iii. 239 and 323. "> Reg. Mag. Sig. w Ibid. 2l Ibid. 22 Edin. Tests. 23 Cf. ante, vol. ii. 233. 24 Eraser's Scotts of Buccleuch, i. 240. 256 ROSS, LORD ROSS 2. WILLIAM, eighth Lord Ross. 3. ROBERT, ninth Lord Ross. 4. Margaret, born 19 December 1615,1 married to Sir George Stirling of Keir ; died at her father's house in Niddry Wynd, Edinburgh, and was buried at Holy- rood 27 March 1633,2 leaving one daughter Margaret, who died 11 May 1633. 5. Mary, was served, along with her sister Jean, heir- portioner of line of her brother-german Robert, Lord Ross, in the church lands of Melville.3 She was married to John Hepburn of Waughton, and had a charter along with her husband, on 5 August 1646, of the lands of Wenterfield and others.4 6. Jean 5 and her sister Mary were served heirs-portioners of line of Robert, Lord Ross, William, Lord Ross, and James, Lord Ross, their brothers-german, and of Jean Hamilton, Lady Ross, their grandmother, 6 February 1649 ; 6 married to Sir Robert Innes of Innes, Baronet. VII. JAMES, seventh Lord Ross, was served heir of his father in the lordship and barony of Melville, and in Broome- landis and other lands,7 and of his grandmother Jean Hamilton,8 on 18 September 1634. He had charters of Halk- head, Oraig, and Balgone 25 January 1636,9 also of Easter Stanley in Renfrewshire. He died unmarried in March 1636 at Jaffa.10 VIII. WILLIAM, eighth Lord Ross, was served heir of his brother James, Lord Ross, in Broomelandis and others," and in Melville, Stanehouse and others, 8 September 1636.12 He died unmarried August 1640. IX. ROBERT, ninth Lord Ross, was served heir of his brother William, Lord Ross, in Broomelandis and others," and in Melville,14 Oraig and Balgone, 3 June 1641 and 9 March 1 Stirlings of Keir, 51. * Funeral entry, Lyon Office. 3 Retours, Edin., 1005-6. * Peg. Mag. Sig. 6 Melville Book, i. 131. « Retours, Gen., 3505- 3512. T Retours, Ayr, 295; Retours, Edin., 753. 8 Retours, Edin., 754. 9 Reg. Mag. Sig. 10 See his test, Edin. Tests, ' Quha deceist outwith this kingdom at Joppa within the kingdom of [Palestine?], in the month of December 1636.' The correct date of March is given from the Retour of his son. u Retours, Ayr, 314. 18 Retours, Edin., 797. 13 Retours, Ayrr 358. " Retours, Edin., 863. ROSS, LORD ROSS 257 1643.1 was on Committee of War for Edinburgh 2 February 1646.2 and in 1648 was Colonel for the shires of Ayr and Renfrew.3 He died unmarried August 1648, and the suc- cession then opened to his granduncle and heir-male Sir William Ross of Muriston, younger son of James, fourth Lord Ross of Halkhead. X. WILLIAM, tenth Lord Ross. Previous to his succession to the Peerage he was known as William Ross of Torphin, or as Sir William Ross of Muriston or Newriston. He was on the Committee of War for the county of Renfrew 26 August 1643 4 and 24 July 1644.5 He was knighted by King Charles I. 12 July 1633." He was Sheriff of the county in 1646 ; succeeded to the Peerage in 1648, and was again on the Committee of War and Colonel for the shires of Ayr and Renfrew in 1648 and 1649.7 He was served heir to his grandnephews William and Robert 20 March 1649.8 In the last-mentioned year he was a commissioner for the plantation of kirks.9 After his succession he petitioned against Lady Ross, Countess of Bglinton, for exhibition of the charter-chest of the house of Ross and for suspension of the services by the heirs of line of the last Lord Ross until the titles were exhibited to himself.10 He was fined in 1654 £3000 under Cromwell's Act of Grace and Pardon, a sum afterwards reduced to £750." He died in 1656, hav- ing married, first, Elizabeth, widow of John Whitefoord, who died in 1606, and daughter of Sir Patrick Houston of that Ilk, with whom he had a charter 11 June 1624, 12 and a sasine of Muriston and others 25 June 1628,13 and, secondly, Margaret, eldest daughter of Sir James Forrester of Tor- woodhead.14 By his second wife only he had issue at least one son : — GEORGE, eleventh Lord Ross. XI. GEORGE, eleventh Lord Ross, was present at the first Parliament of Charles n. which passed * The Act Re- 1 Retours, Had., 191. 2 Acta ParL Scot., vi. pt. i. 561. 3 Ibid., pt. ii. 30, 55. *Ibid.,pt. i.54. 6 Ibid., 202. 6 Shaw's Knights, i. Ixiii. 7 Acta ParL Scot., vi. pt. ii. 34, 55, 189. 8 Retours, Ayr, 436, 437. 9 Acta ParL Scot., vi. pt. ii. 300. 1° Ibid., 142. u Ibid., 820, 845. 12 Reg. Mag. Sig. 13 Part. Reg. of Sas., Edin., xiv. 11. 14 Cf. vol. iv. 92, where she is erroneously called Helen, daughter of George, first Lord Forrester of Corstorphine. VOL. VII. R ROSS, LORD ROSS scissory,1 and attended Parliament with regularity till the close of his life.' 2 He was made a Justice of the Peace for Ayr and Renfrew on 9 October 1663.3 He was appointed a Commissioner for the Collection of the Excise on 23 January 1667/ and on the 3 September 1668 a commissioner of Militia for Ayr and Renfrew.5 On 25 July 1674 he was in Paris,6 and on 25 August in the same year he had a commission as captain in one of the three newly raised troops of Horse in Scotland.7 He was lieutenant-colonel of the Guards on the Scottish establishment 1 November 1677.8 He was in com- mand at Glasgow when Olaverhouse was defeated at Drum- clog 1 June 1679, and brought him supports when he fell back on that town. Of the attack on Glasgow the next day by the Covenanters, Ross says in a despatch to Lord Linlithgow, written the same evening, ' I am sure this was the warmest day I saw the year.' 9 He died at Halkhead in April 1682, having married, first (contract dated 1, 10, and 11 October 1653 10), Grizel Cochrane, only daughter of William, first Earl of Dundonald; she was buried 1 Feb- ruary 1665," and he married, secondly, shortly after,12 Jean Ramsay, eldest daughter of George, second Earl of Dal- housie. She survived him and was married, secondly (con- tract 26 December 1684), to Robert, Viscount Oxfuird, and died November 1696. Lord Ross had issue by his first wife : — 1. WILLIAM, twelfth Lord Ross. 2. Grizel, married to Sir Alexander Gilmour of Oraig- millar, who died October 1731 ; she died at the Inch 10, and was buried at Liberton 14, June 1732 13 leav- ing issue. Lord Ross had by his second wife : — 3. Charles Ross of Balnagowan, colonel of the 5th or Royal Irish Regiment of Dragoons from 1695-1715, and again from 1729-1732 ; he ranked as General in the Army from 1 April 1712. He entered heartily into the Revolution, but engaged in Sir James Mont- 1 Acta Parl. Scot., vii. 4. 2 Ibid., passim. 3 Ibid., 506. 4 Ibid., 544. 6 Memorials of the Montgomeries, ii. 330. 6 The Bed Book ofGrandtully, by Sir W. Fraser, ii. 223. T Dalton's Scots Army, 99. 8 Ibid., 25. 9 Ibid., quoting Lauderdale Papers, iii. 166. 10 Gen. Reg. Sas,, vi. f. 338. 11 Funeral entry, Lyon Office. 12 Birthbrief, Lyon Office. 13 Funeral Entry, Lyon Office. BOSS, LORD ROSS gomery's plot for the restoration of the abdicated family in 1690, and was committed to the Tower. He was one of the lessees of the Poll Tax 1693; was M.P. for Ross-shire 1707-1732, supported the Tory administration, and in consequence was deprived of his grant on the accession of George i. He was one of the secret committee of the House of Commons to inquire into the conduct of the South Sea directors 1720, when Mr. Vernon, M.P. for Whitechurch, making corrupt application to him on behalf of Mr. Aislabie, a director, General Ross brought his conduct to the notice of the House, for which he received their thanks, and Mr. Vernon was expelled 12 May 1721. 1 Soon after the accession of George n. General Ross was restored to the com- mand of his regiment. In 1712, on the death of David Ross of Balnagowan, he succeeded to those estates by separate destination. Although of the same name, no relationship between the two families can now be traced.2 He died unmarried at Bath 5 August 1732,3 and was buried at Pern in Ross-shire. 4. Anna. 5. Jean, married, as his first wife, to William, sixth Earl of Dalhousie, and had issue. 6. Euphame. 7. Margaret: all these four daughters being named in a writ of 27 March 1689.4 XII. WILLIAM, twelfth Lord Ross, was born about 1656,5 had a charter of Melville, Halkhead, etc., 10 August 1669 as Master of Ross.6 He had commissions as lieutenant 27 September 1678, and as captain 4 September 1680, in Lord Home's troop of horse ; as captain in Olaverhouse's regi- ment of horse 26 December 1682, and as major and captain in the same regiment 4 August 1686,7 but three days after- wards he resigned.8 He seems to have been an intimate friend of Olaverhouse, and was one of the witnesses to his marriage in 1684. He was actively employed in the pro- 1 Gent. Mag., i. 382 , ii. 929. 2 Ane breve Cronicle of the Earlis of Ross, App. 44, 45. 3 Gent. Mag., ii. 929. 4 Reg. of Deeds, Durie, at date. 5 Gent. Mag., viii. 165. 6 Ada Parl. Scot., vii. 600. 7 Dalton's Scots Army, 110, 111, 135, 136. 8 Ibid. 260 ROSS, LORD ROSS ceedings against the Covenanters, and in 1685 was wounded in an action during the pursuit of Argyll.1 He was present in the first Parliament ol King William, and signed the declaration that it was a free and lawful meeting of the Estates.2 He was one of the Commissioners chosen by the Scottish Estates to go to London to give the King an account of their proceedings. He took an active share in public business, and was one of the Commissioners appointed by Parliament in 1689 to consider the question of a Union.3 On 18 May 1689 he was created a Privy Councillor. On the plea of pressure of Parliamentary duties he got himself excused from joining the Army raised against his old friend and commander Claverhouse.4 Notwithstanding his apparent loyalty to the Revolution he was probably dissatisfied at not receiving some reward for his political services, and he became a member of the Society called ' the Club,' which had been formed by some discontented spirits. He went to London with the Earl of Annandale and Sir James Mont- gomerie, and not making way with the King there he took part in the ' Montgomerie Plot.' A patent as an Earl and a commission as colonel of the Horse Guards were actually sent him, it is said, by King James.5 But the plot failed. Ross offered to make confession, and was sent by Melville to Queen Mary. He was ultimately sent to the Tower in July 1690,6 but was liberated without prosecution, and returned to Scotland, where he seems to have taken up his Parliamentary duties with much assiduity. On 29 February 1704 he was appointed Lord High Commissioner to the General Assembly.7 About 1707 he seems to have made an attempt to obtain a grant of the ancient earldom of Ross, much to the indignation of the old Earl of Cromartie, who styles him in a letter to Mar, then Secretary of State, a 'hot headed fool,' who has had 'his head turned round ever since he medled with Bellnagowan,' and who had no more relation to the old Earls of Ross, directly or indirectly, ' than the miller of Carstairs has to the Prince of Parma.' 8 He died at Edinburgh on 15 March 1738, aged eighty-two,9 1 Twelfth Rep. Hist. MSS. Com., viii. 22. 2 Acta Parl. Scot., ix. 9. 3 Ibid., 60. 4 Melville Papers, 195 ; Eraser's Annandale Book, cclxiv. 6 Ibid., cclxix. 6 Luttrell's Short Relation, 78. 7 Annandale Book, ii. 21. 8 Eraser's Earls of Cromartie, i. clx-clxii. 9 Gent. Mag., viii. 165. ROSS, LORD ROSS 261 having married, first, 7 February 1679, Agnes, daughter and heiress of Sir John Wilkie of Fouldean ; secondly, Margaret, widow of Major Dunch, and then of Sir Thomas Sulyarde, and daughter of Philip, fourth Lord Wharton ; thirdly, Anne Hay, eldest daughter of John, second Marquess of Tweed- dale; fourthly (contract 16 June 1731), Henrietta, daugh- ter of Sir Francis Scott of Thirlestane. She died at Edinburgh 16 January 1750.1 By his first wife he had : — 1. GEORGE, thirteenth Lord Ross. 2. John, born 13 July 1687, died young.2 3. Euphame, born 10 November 1684,3 married, first, about 1700, to William, third Earl of Kilmarnock ; and, secondly, after 1717, John Murray.4 She died shortly before July 1729. 4. Mary, born 18 July 1687 ; B married (contract 26 June 1710) to John, first Duke of Atholl. 5. Grizel, born 29 May 1662,6 married, in or before 1715, to Sir James Lockhart of Oarstairs, and died at Lock- harthall in November 1749.7 By his second wife he had no children. By his third wife he had 6. Anne, who died unmarried. By his fourth wife he had no issue. XIII. GEORGE, thirteenth Lord Ross, born 8 April 1681. 8 He was a Commissioner of Supply as Master of Ross for Renfrew on 19 June 1702,9 and for Edinburgh and Ren- frew 5 August 1704.10 In 1727 and in 1728 he was elected Lord Rector of Glasgow University.11 In March 1738 he succeeded his father and was in the following June ap- pointed Governor of Edinburgh Castle.12 He was appointed a Commissioner of Customs and Salt on 13 February 1744, 29 October 1746, and 20 July 1751.13 He succeeded, on the death of his son Charles, to the estate of Balnagowan in 1745.14 He died at Ross House, Edinburgh, 17 June 1754.15 1 Gent. Mag., xx. 43. 2 Crawfurd's Renfrew, 519. 3 Ibid. * Cf. vol. v. 177. 6 Crawfurd's Renfrew. 6 Ibid. 1 Funeral entry, Lyon Office. 8 Crawfurd's Renfrew, 519 ; Gent. Mag., xxiv. 292. 9 Acta Parl. Scot.,xi. 22. 10 Ibid., 139, 144. » Eraser's Maxwells of PolloJc, 96. 12 Gent. Mag., viii. 325. 13 Ibid., xiv. 109 ; xvi. 613 ; xxi. 333. 14 Ane breif Cronicle of the Earlis of Ross, App. 46. 15 Edin. Tests. ; Ross House was on the site of the present gardens of George Square. 262 ROSS, LORD ROSS He married, about 1711, Elizabeth Ker, third daughter of William, second Marquess of Lothian,1 and by her, who died 22 May 1758, he had :— 1. WILLIAM, fourteenth Lord Ross. 2. Charles, born 9 February 1721,2 succeeded in 1732 to the estate of Balnagowan in virtue of an entail executed by his uncle 1727 ; M.P. for Ross-shire 1741 ; was an officer in the Army, and fell at the battle of Fontenoy 30 April 1745. 3. George, born 7 September 1722.3 He predeceased his father.4 4. Jane, born 10 December 1719,5 married, 28 July 1755, to John Mackye of Polgowan, advocate, M.P. for Lanark 1741-47, and for Kirkcudbright 1747-68, who as- sumed the name of Ross. She succeeded her brother William, last Lord Ross, in the estates of Hawkhead, and died without issue, at Olifton, 19 August 1777.6 Her husband died in London in October 1797, aged ninety-one. 5. Elizabeth, born 16 April 1725, married, 7 July 1755, to John, third Earl of Glasgow,7 and succeeded to her father's estate of Hawkhead on the death of her sister.8 She died in London 9 October 1791 ,9 and was buried at Renfrew.10 6. Mary, born 1730, died in London 22 October 1762, unmarried. She was one of the last persons in Scot- land supposed to be * possessed ' of an evil spirit. 7. Margaret, born 1731, died unmarried. XIV. WILLIAM, fourteenth and last Lord Ross, born about 1720 ; n was an officer in the Royal Army commanded by Lord Loudon at Inverness, where he arrived from Harwich 14 December 1745.12 He was a Commissioner of Customs.13 He succeeded his father in June 1754, but only survived him two months, dying at Mount Teviot, the seat of his uncle, the Marquess of Lothian, on 19 August 1754, unmar- 1 The Maxwells of Pollok, ii. 356, 359. 2 Crawfurd's Renfrew, 219. 3 Ibid., 519. * See will of George, thirteenth Lord Ross, in which William is described as his only son. 5 Crawfurd's Renfrew, 519. 6 Ante, iv. 215. 7 Ibid. 8 Ibid. ° Scots Mag., liii. 518. 10 See ante, iv. 216. u Crawfurd's Renfrew, 519. 12 Sir W. Eraser's Chiefs of Grant, ii. 194. 13 See his will. ROSS, LORD ROSS 263 ried.1 Upon his death the title became extinct ; the estate of Balnagowan went to his cousin Sir James Ross Lockhart, and his other property devolved on his sisters. CREATION.— Lord Ross of Halkhead, 1502. ARMS (recorded in Lyon Register). — Quarterly : 1st and 4th, or, a chevron chequy sable and argent between three water budgets of the second, for Boss ; 2nd, gules, three crescents within a bordure argent charged with eight roses of the first. OREST. — A hawk's head erased or. SUPPORTERS. — Two gos-hawks proper, belled or. MOTTO. — Think on. [E. G. M. c.] 1 Edin. Tests. LESLIE, EARL OF EOTHES ESLIE, a barony or parish in the district of the Garioch, Aberdeenshire, was the earliest recorded possession of, and gave name to, the family, upon a cadet branch of which was afterwards bestowed the dignity of Earl of Rothes. The first-named ancestor and undoubted founder of the family was a certain BERTOLF or Bartholo- mew, round whose name various traditions have formed, which need not be dwelt upon here, the rather that they are to be found in a work entirely devoted to the family.1 So far as record goes, however, his name is known only from charters in which his son Malcolm is referred to, but he was probably of Flemish origin. He is said to have flourished at the court of King Malcolm in., and to have married a sister of that King. He is also said to have received the lands of Leslie for his services, and to have died, an old man, in 1121. Nothing of all this is authenticated, and it will be shown that he probably lived 1 Historical Records of the Family of Leslie, by Colonel Leslie, K.H., of Balquhain, 3 vols. 8vo, 1869, referred to hereafter as Hist, of Leslies. It is to be noted, however, that evidence which the Colonel never saw, in the recently published Chartulary of Lindores, throws a different light on the earlier pedigree. 264 LESLIE, EARL OP BOTHES 265 much later, while it is very doubtful if he ever possessed Leslie. He had issue : — 1. MALCOLM, son of Bertolf, of whom below. 2. Norman, son of Bertolf, a witness to a charter dated between 1200 and 1207, by Norman, son of Malcolm, granting the patronage of the church of Leslie to the monks of Lindores,1 was possibly another son. MALCOLM, son of Bertolf, the next on record, is said to have succeeded his father in 1121. But as he first appears in a charter which cannot be earlier than 1172, and may be after 1178, it is probable that he did not succeed so early. The charter is by Earl David, afterwards Earl of Hunting- don, and grants to Malcolm, son of Bertolf, and his heirs his land in Lesslyn [Leslie], as it was perambulated to or for him in presence of Matthew, Bishop of Aberdeen,2 by the Earl's good men or tenants. This clause of the writ plainly shows that it is the first grant of the lands from which the family surname was derived, as the boundaries required to be walked over and settled. The other lands named in the writ, Achnagart, etc., are not referred to in the same terms, but are granted according to their right divisions, as if these had been already possessed by Malcolm or his father, and Leslie must therefore have been a new acquisition. The property was of importance, as the charter gave the power of pit and gallows, and the reddendo was the service of one knight. Malcolm is said by the family history to have died about 1176, but this is erroneous, and he must have been a much younger man at that date than he has been assumed to be. He is a witness to a charter granted by Earl David to the monks of Arbroath, which cannot be earlier than 1190,s and he appears also in other writs, which may be dated respectively in 1195, 1199, and 1200." He died probably in 1200, as his son Norman granted the church of Leslie to the Abbey of Lindores between that and 1207. Malcolm had issue at least one son, perhaps two. 1 Chart, of Lindores, Scot. Hist. Soc., 88. 2 Hist, of Leslies, i. 147 ; Fourth Rep. Hist. MSS. Com., App. 493, where the witnesses are correctly given. Matthew became Bishop of Aberdeen in 1172. 3 Hist, of Leslies, i. 148 ; Reg. Vet. de Aberbrothoc, 56. * Chartulary of Lindores, Scot. Hist. Soc. , 17, 81, and Prior. S. Andree, 266, 267. 266 LESLIE, EARL OF ROTHES 1. NORMAN, who succeeded. 2. Malcolm, brother of the Constable, appears as a witness between 1243 and 1250.1 He is said to have been * killed in the Crusades,' 2 but no date is given nor any authority cited. NORMAN, son of Malcolm, is first so designed in a charter by Earl David to the Abbey of Lindores, dated not earlier than 1200 and not later than 1207. He also appears in another charter dated about 1202-3 to the same monks,3 as well as in a charter by Matthew, Bishop of Aberdeen, for the erection of St. Peter's Hospital, near Aberdeen, dated between 1182 and 1199,4 where he is designed Constable of Inverury, an office which was long in his family. Colonel Leslie states that his father Malcolm was the first Constable, but the authority given has not been found to bear out the statement. Norman, son of Malcolm, some time between 1200 and 1207, granted to the monks of Lindores the church of Leslie, with all its emolu- ments, for the souls of Earl David and Matilda, his wife, and also for himself and A , his wife. This writ was confirmed about the same date by Earl David himself, and at a later period by the granter's son.5 Norman, son of Malcolm, had also a renewal of the grant of his lands of Leslie and others from his superior, John, Earl of Hunting- don, son of Earl David, at a date between 1219 and 1237. The grant of the church of Leslie by Norman to Lindores is specially safeguarded and an increase to his estate is made by the bestowal of the lands of Oaskieben.8 In charters by Earl John about same date Norman is styled Constable.7 He died before August 1243, as appears from a charter of that date by his son and successor. His wife's name is unknown, her initial only being given in the grant of the church cited above.8 He had issue : — 1. NORMAN, who succeeded. 1 Chart, of Lindores, 62. 2 Hist, of Leslies, i. 10. 3 Chart, of Lindores, Scot. Hist. Soc., 8, 11. 4 Registrum Aberdonensis, i. 11 ; cf. also Hist, of Leslies, i. 149, 150, where the date is given as 1165-69, but it cannot be earlier than is stated in text. 6 Chart, of Lindores, 88-90. 6 Fourth Rep. Hist. MSS. Com., App. 493. 7 Chart, of Lindores. 8 Colonel Leslie says this Norman married the daughter of a Stewart of Lorn. There was then no Stewart of Lorn, and a possible connection with the ancient Lords of Lorn is not substantiated. LESLIE, EARL OF ROTHES 267 2. John, who is referred to as brother of Norman in the latter's grant confirming the church of Leslie to Lin- dores.1 A Sir Andrew de Lescelin (or Leslie), knight, appears as a witness in Norman Leslie's charter of 1253, cited below. NORMAN, son of Norman, succeeded. He is, in the earliest known reference to him, as a witness to a charter (dated before 1211) by Fergus, Earl of Buchan, to John, son of Uchtred,2 called ' Norin, son of Norman,' * Norino ' by Colonel Leslie, but in dated charters granted by himself on 25 August 1243 and 12 July 1253 he styles himself ' Norman, son of Norman the Constable,' and 'Norman of Lescelin, son of Norman the Constable.' In the earlier writ he confirms to the monks of Lindores the grant made by his father of the church of Leslie; and in the later writ he hands over to them all rights of bondship over a certain man and his issue, and quitclaims his rights in favour of the abbey.3 Between these two dates, in the year 1248, he had a grant from King Alexander n. allowing him to hold his lands of Leslie and the wood of Leslie in free forest. This was done at the request of his immediate superiors, Isobel, the second daughter of Earl David, and her son Robert Bruce, who had succeeded inter alia to the Earl's lands. In this charter he is also styled ' Norin,' son of Norman the Constable,4 and is referred to as their * tenant ' in the lands. Norman or Norin was the first to assume the surname of Leslie, and he styles himself Norman of Leslie, son of Norman, in the charter of 12 July 1253 already cited. How long after this he lived has not been ascertained. It has been stated that he married the heiress of Teases and other lands in Fifeshire, whose name, according to Colonel Leslie, was Blair. But the evidence advanced is not conclusive. Colonel Leslie states that Norman was father of a 1 Chart, of Lindores, 90. Colonel Leslie names a Leonard and a Bar- tholomew as sons, but there does not appear to be any authentic proof of their existence. 2 Antiq. of Aberdeen, etc., i. 409; vol. ii. of this work, 251, 252. 3 Chart, of Lindores, 90, 91. * Fourth Eep. Hist. MSS. Com., App. 493. It would appear, however, that ' Norin ' is either a contraction or a misreading for ' Norman.' 268 LESLIE, EARL OF ROTHES Leonard Leslie and William, Abbot of Oupar, but there is no evidence as to Leonard, and though there was a William, Abbot of Oupar, from 1258 to 1272, whose sur- name is unknown, there is nothing to show that he was a Leslie. A Simon de Lescelyn or Leslie appears in 1278 as a witness to a writ signed in the Oastle of Edinburgh, but nothing further is known of him.1 The only issue of Norman, so far as known, was one son, SIR NORMAN, who succeeded, though at what date is not certain, but he is styled Sir Norman of Leslie, knight, as a witness to a charter in the Register of Arbroath, of un- certain date, but not later than 1269.2 There is no other mention of Sir Norman until 1296, when he did homage to King Edward I. at Aberdeen on 15 July in that year, and again on 28 August.3 He appears in the earlier part of the struggle for independence to have joined the English party, as Edward I. appointed him Sheriff of Aberdeen, and he was summoned to the English Parliament as such in 1305.4 He is said, however, to have joined Bruce before December 1314. He was apparently alive on 19 June 1317, and died between that date and 1320, when his son was Lord of Leslie. His wife is not certainly known. One authority asserts that he married Elizabeth Leith, heiress of Eden- garioch, while another alleges that he married the heiress of Rothes. He had issue, so far as recorded, one son, SIR ANDREW, who succeeded. According to the family historians, Sir Norman had two daughters, Margaret, married to Sir John Innes of Innes, and Ann, married to Sir Alexander Dunbar of Westfleld, but dates will not admit of this. SIR ANDREW, who succeeded, appears only twice on record. He was Lord of Leslie in 1320, when he, with other Barons of Scotland, signed the letter to Pope John xxn. dated from Arbroath, declaring the Independence of Scot- 1 Reg. de Dunfermelyn, 52, 53. 2 Reg. Vet. de Aberbrothoc, 337. Freskin de Moravia, also a witness, died in 1269. 3 Cal. Doc. Scot., ii. 195, 203. * Ibid., 458. His seal [Plate n. No. 17] shows six shields in a circle, conjoined in base, each charged with three round buckles on a bend. Legend : ' S. Normanni de Lecelin, militis. LESLIE, EARL OF ROTHES 269 land. Nothing of any public interest is recorded of him, but on 19 June 1317, he, with consent of his wife, obliged himself to infeft Sir William Lindsay, Rector of Ayr, in twenty-four merks of land in his tenement of Oairney, co. Forfar.1 Sir Andrew died sometime between April 1320 and 28 November 1324, when his widow received a dispen- sation for a second marriage. Sir Andrew married Mary Abernethy, daughter and coheiress with her sister Mar- garet, Countess of Angus, of Sir Alexander Abernethy. She survived him, and married, secondly, Sir David Lind- say of Crawford. (See title Crawford.) They had issue : — 1. Sir Andrew, who succeeded to the estates, before 28 November 1324. It is not known whom he married, but he is said to have died before 1353, certainly before 1365. He had issue : — (1) Andrew Leslie, who succeeded. (2) Margaret, married to David de Abercromby, who had from his brother-in-law, on 30 May 1391, a charter of the lands of Achquhorties and Blairdaff, co. Aberdeen.2 Andrew Leslie of that Ilk is found about 1365 and 1373 grant- ing charters in which Walter Leslie, afterwards Earl of Ross, is styled his uncle.3 It is unnecessary here to give particulars of his history, except that a year or so before his death, and sometime after the death of his eldest son, as stated below, he, on 24 October 1396, disponed to his cousin George of Leslie, Laird of Rothes, all his rights in the barony of Cairney in Perthshire.4 He died about 1398. The name of his wife has not been ascertained, but he had issue, so far as known, one son, i. Norman Leslie, who in 1389 had a resignation from his father of the estates, and executed an entail, followed by a Crown charter, on 18 August 1390, of the lands to himself and his heirs-male, whom failing, to Sir George Leslie of Rothes.5 He joined with his father in an agreement, 24 November 1390, with Andrew Leslie, Laird of Balquhain, when they also obliged themselves to procure the confirmation of Sir George in the premises. He died, v.p., between 30 May 1391 and 7 January 1391-92, when Sir George Leslie was retoured to him as heir of tailzie.6 Norman, however, whose wife was apparently a daughter of Sir Thomas Hay of Erroll (see title Erroll) had a son, David Leslie of that Ilk, who was absent from Scotland so long that he was believed to be dead, and, as stated, Sir 1 The Douglas Book, iii. 391. J Charter quoted in Hist, of Leslies, i. 155. 3 Ibid., i. 24, 25. 4 Fourth Sep. Hist. MSS. Com., 494. 6 Reg. Mag. Sig., i. No. 808. 6 Fourth Rep. Hist. MSS. Com., 503. 270 LESLIE, EARL OF ROTHES George Leslie of Rothes or of Fithkill was served heir to his father Norman in January 1392. But on David's return he obtained possession of the lands, and confirmed the entail of 1390 in favour of Sir George Leslie.1 He renewed this confirmation in 1438 in favour of Norman Leslie, son of Sir George, and died in March 1438-39. 2 He is said to have married Margaret, daughter of Sir Robert Davidson, Provost of Aberdeen, and to have left a daughter, on whom he settled the barony of Leslie in the Garioch. His other estates went in terms of the entail to Norman Leslie of Rothes, of whom later. The daughter was, it is said, married to Alexander, second son of Sir Andrew Leslie, third of Balquhain, from whom descended the Leslies of that Ilk. Her name, according to Colonel Leslie was Elizabeth, but it was probably Joanna, as there is a seal, of date 1427, with impaled arms ; dexter, on a bend three buckles ; sinister, on a bend sinister, three buckles. Legend : Joan . . . Lesle ladi of. . . .3 2. Norman, who appears first on record on 10 May 1356, when, as Norman Leslie * Domicellus ' of Scotland, he is a witness to the commission by Robert, Steward of Scotland, appointing ambassadors to treat on be- half of the ransom of King David n.* He and his brother Walter, afterwards Earl of Ross, had a joint safe-conduct to pass to Prussia in August 1356.6 Norman returned to Scotland before May 1358, was appointed one of the Scottish ambassadors to Rome, acted as Deputy Chamberlain of Scotland, and also in 1359 as a commissioner to treat with England.6 In May 1359 he accompanied Sir Robert Erskine on a special mission to Prance.7 On 1 September that year he had an indult from Pope Innocent vi. to Norman de Lesly, laic, and Margaret his wife, both of St. Andrews diocese, to choose a confessor.8 He appears later in various public matters, the last 1 Fourth Rep. Hist.MSS. Com., 503. x Ibid. 3 Scottish Armorial Seals, by W. Rae Macdonald, No. 1615. 4 Fcedera, Record ed., iii. part ii. 329. This Norman Leslie is to be distinguished from another of the same name, a Mr. Norman Leslie, who in 1342 held the church of Flisk, co. Fife, but was to resign it on being provided to a canonry in Moray. In 1344, he was allowed to remain at a university for three years, and to draw the revenue of the rectory of Douglas for his support. He is named as a witness to a transaction affecting the church of Auchter- muchty in December 1350 (Cal. Papal Letters, iii. 59, 172, 540), and it was hft, and not the layman, who had a grant of certain rents in 1348 from the High Steward of Scotland (Exch. Rolls, i. 543). 6 Rotuli Scotia;, i. 797. 6 Ibid., 823, 827. 7 Exch. Rolls, ii. p. xlvi. 8 Reg. Avenionensix, 140 f. 381. LESLIE, EARL OP ROTHES 271 record of him in Scotland being as a witness to the High Steward's submission to King David II. at Inchmurdoch on 14 May 1363.1 One chronicle, however, states that he and his brother Walter took part in the successful assault of Alexandria by the Christians against the Saracens on 9 Octo- ber 1365.2 He died or was killed between that date and 11 February 1366-67, when King David n. confirmed an undated charter by Margaret Leslie, relict of the late Norman Leslie. Her maiden sur- name is not given, but she describes herself as the great-granddaughter3 of the late Sir Alexander Lamberton, knight, and grants to her cousin or kins- man William Guppyld and his son Norman, certain lands which had come to her in right of her great- grandfather.4 This writ has been founded on5 as showing that Norman Leslie and his wife had no children, but the evidence is not sufficient to prove this, as the lady is dealing not with the Leslie estates but with her own property, which she .for some reason wished to go to her own relatives. The writ does not exclude the possibility of Norman Leslie having issue, and though no corroborative evidence is forthcoming, it may be suggested that he was the father of George Leslie of Rothes, the heir of entail of the family estates.6 3. Walter, apparently Norman's younger brother, as when they are named together, Walter is named last. He married, in 1366, Euphemia Ross, Countess of Ross, and became through her Earl of Ross. (See that title.) 4. George, the reputed ancestor of the Leslies of Balquhain. SIR GEORGE LESLIE, the first of his family who is clearly 1 Fordun a Goodall, ii. 369, 370. 2 Ibid., 488 n. 3 Colonel Leslie in- advertently styles her 'granddaughter.' 4 Beg. Mag. Sig., i. No. 247. 5 Hist, of Leslies, i. 22. 6 Macfarlane (Gen. Coll., ii. 457) expresses the same opinion, founded, as he alleges, on a charter in the Chartulary of Arbroath, but that charter has not been found. The various MSS. which Macfarlane quotes mix up the members of the Leslie family inextricably, so that not much reliance can be placed upon their testimony. 272 LESLIE, EARL OF ROTHES known to have possessed Rothes, the property which after- wards gave name to the earldom, is usually asserted to be, and probably was, the grandson of Sir Andrew Leslie and Mary Abernethy, already referred to, but who his father was has not been clearly ascertained. Colonel Leslie leaves the name of his immediate ancestor blank, but it is not impossible that, as already indicated, he was the son of Norman Leslie who died about 1366, though it may be noted that Euphemia, Oountess of Ross, widow of Walter Leslie, Earl of Ross (see that title), calls Sir George Leslie her * brother ' in a charter of 8 August 1394.1 In any case, Sir George was heir of entail to his cousin or kinsman Norman Leslie, eldest son of Sir Andrew Leslie of that Ilk, under a charter by King Robert HI. 18 August 1390, pro- ceeding on a resignation of the lands of Ballinbreich in Fife, Lour and Dunlappie in Forfarshire, and Oushnie and Rothienorman in Aberdeenshire, made in the hands of King Robert n. by Norman Leslie in favour of himself and his heirs-male, whom failing, to Sir George Leslie.2 Norman Leslie died in 1391, in the lifetime of his father Sir Andrew, and Sir George Leslie was duly served to him as heir of entail. He did not, however, enter into possession of the lands, as Sir Andrew, the liferenter, did not die till 1398, while his grandson David, who had been believed dead, returned to Scotland and obtained possession of the family estates. The entail, however, took effect in the lifetime of Sir George's son, as will appear later. Sir George Leslie is first on record in April 1387, and is so designed, but is for the first time styled ' of Rothes ' on 26 April 1392, when he was a party to a contract of mar- riage between his niece Elizabeth Elphinstone and * Eliseus ' Kinninmont, son and heir of the late Alexander Kinninmont of that Ilk.3 Between 1387 and 1411 he appears very fre- quently as a witness to Grown charters, especially after the death of King Robert Hi.4 About 1400 he changed his designation to ' Sir George Leslie of Fythkill,' having, on 5 February 1397-98, received a royal charter of the barony of Fythkill in Fife (now known as Leslie) resigned 1 Family of Rose ofKilravock, 122. 2 Fourth Rep. Hist. MSS. Com. , 503. 3 Ninth Rep. Hist. MSS. Com., App. 188. * Reg. Mag. Sig., (1408-11), passim. LESLIE, EARL OF ROTHES 273 in his favour by his ' cousin ' Alexander Leslie, Earl of Ross.1 The same Earl, also in 1400, made other grants of lands in co. Kincardine in Sir George's favour.2 The last date on which Sir George Leslie's name appears on record is 5 February 1411-12. He married Elizabeth Hay, daughter of Sir Thomas Hay of Erroll, by Elizabeth, daughter of King Robert n. (See title Erroll.) They had, so far as recorded, one son, NORMAN LESLIE, who succeeded his father, and first appears on record in December 1423, when he received a safe-conduct to attend King James I. on his return from captivity. On 16 July 1425 he became one of the hostages for payment of the King's ransom, but on 9 November 1425 Henry Douglas of Lochleven took his place. He appears to have been styled sometimes * of Fythkill,' sometimes 'of Rothes.' In 1439, after the death of his 'cousin,' Sir David Leslie of that Ilk, he succeeded to the barony of Ballinbreich and the other lands named in the entail of 1390 made by Sir David's father as already stated. He was on 19 May 1439, at Oupar, in Fife, duly retoured to his cousin Sir David, as the nearest lawful heir of entail,3 but appears to have died soon afterwards, certainly before February 1439-40.4 He married, in terms of a papal dispensation, dated 2 September 1416,5 Christian Seton, daughter of Sir John Seton of Seton, and had issue, so far as known, one son, 1. GEORGE, who succeeded. He had also a natural son John, who on 22 July 1442 received from his brother George a grant of the lands of Foulis-Mowat, in the earldom of Mar, as stated below. I. GEORGE LESLIE, who succeeded, is said to have been born about 1417, and was retoured heir to his father in the lands of Innergellie, held of the Bishop of St. Andrews, on 3 February 1439-40. He is then styled Lord of Leslie. Under the same designation he entered into an agreement of excambion with Sir Walter Ogilvy of Beaufort of the 1 Fourth Rep. Hist. MSS. Com., App. 494. 2 Ibid., 494-495. 3 Ibid., 503. 4 Ibid., 495. 6 Ibid., 506, 507, where and by Colonel Leslie the year (22 Benedict xm.) is erroneously given as 1414. VOL. VII. S 274 LESLIE, EARL OF BOTHES lands of Dunbog for those of Fettercairn in co. Forfar, dated at Lindores 23 March 1441-42.1 On 22 July 1442, as Lord of Fythkill, he granted a charter to his brother natural, John Leslie, of the lands of Foulis-Mowat, in the earldom of Mar, reserving to the granter the top of the hill on the north side of the dwelling-house as a place for holding his courts, a grant confirmed by Robert Erskine, Earl of Mar, on 10 August 1442.2 A few years later George Leslie was created a Lord of Parliament, under the title of LORD LESLIE upon Leven. According to an old, if not contem- porary, chronicle, he was so created in 1445,3 and this is so far corroborated by two charters granted by him as Lord Leslie, in May 1448, to Luke Stirling of the lands of Keir and others/ He appears as Lord Leslie in various writs up to 5 November 1457, when as George, Lord Leslie, he was one of the Privy Council who decided against Thomas, Lord Erskine, the question of his right to the earldom of Mar,5 and between that date and 20 March 1457-58 he was raised to the dignity of EARL OF ROTHES, LORD LESLIE. On the latter date he is styled Earl by King James n. in a charter granting and confirming to him the lands and barony of Ballinbreich, and the other lands previously named, united into one free barony to be called the barony of Ballinbreich.6 On the following day, 21 March, his town of Leslie Green was erected into a free burgh of barony.7 It is unnecessary to recount here all the transactions recorded by his family biographer, but one or two special items may be noted. In July 1464 the Earl was accused of traitorously forging an acquittance by King James n. for the sum of 200 merks, but after a trial before Gilbert, Lord Kennedy, as Justiciar, the young King James in. being present, he was, on 15 October 1464, triumphantly acquitted.8 Perhaps the charge of forgery rose out of an incident of the year 1461, though after the death of James n. On or about 2 March 1460-61, while Parliament, begun on 22 February, was sitting, the Earl made intimation at the Cross of Edinburgh that he had lost a box containing his 1 Fourth Rep, Hist. MSS. Com., 495 ; Hist, of Leslies, ii. 19. 2 Ibid., 19, 20. 3 Fordun a Goodall, ii. 452. * Stirlings of Keir, 221, 222. 6 Mar Minutes, 95-99. 6 Hist, of Leslies, ii. 17, 18. 7 Fourth Rep. Hist. MSS. Com., App. 495, 503. 8 Ibid., 507, 508 ; Reg. Mag. Sig., 15 October 1464. LESLIE, EARL OF ROTHES 275 seal, which he did not recover for the space of a night and part of the next day. Therefore, in case of misuse of his seal, he appointed a date when any deeds or writs granted by him would be ratified. Deeds produced after that date sealed with the lost seal would be void, as he made it known that his seal would be altered.1 On 10 February 1486-87 he was the object of a curious summons on the part of King James in. commanding him to allow his grandson George, Master of Rothes, sufficient sums of money to furnish him- self with servants, horses, and other necessaries that he might remain with the King and give due service ; failing this the Earl was to ward himself in the Castle of Dum- barton.2 He did not take much part in public affairs, but appears to have frequently attended Parliament between October 1467 and April 1481. He also sat in the first Parliament of King James iv. held in October 1488. He died between 31 August 1489 and 24 May 1490, at which last date a precept was issued for infefting his heir in an annualrent of five merks from lands in the barony of Lathrisk. The first Earl of Rothes married, first, about 1435, Margaret Lundin, daughter of John Lundin of that Ilk in Fife; secondly, about 1440, Christian, daughter of Walter Halyburton of Dirleton, by Lady Isabel Stewart, daughter of Robert, Duke of Albany. In 1459 the Earl raised an action of divorce against his wife, on the plea of relation- ship within the forbidden degrees. On 16 May 1459 the matter was put to arbitration by the parties concerned, when it was decided, on 22 May, that the divorce should go on, but that, first, the Earl should take action against all having any knowledge of or concealing the papal dis- pensation, if such had been obtained, and secondly, he should declare on oath that he knew of the impediment within the past year, but before that, for thirteen years after the birth of his youngest child then alive, he was not aware of it.3 The Earl married, thirdly, Elizabeth Campbell, who survived him, and was still alive on 17 May 1491. His issue were : — 1. ANDREW, Master of Rothes. 1 Fourth Rep. Hist. MSS. Com., App. 507. 2 Ibid., 508. 3 Ibid., 507. 276 LESLIE, EARL OF ROTHES 2. Margaret, only child of first marriage. She was con- tracted, about 10 July 1458, to William Leslie, son and apparent heir of Alexander Leslie of that Ilk, but it is uncertain if the marriage took place. Later she married Alexander Gumming of Earnside, as appears from an assignation dated 9 August 1488.1 3. Elizabeth, by second marriage, married (contract dated 14 October 1485, and tocher 1000 merks) to William, third Earl of Erroll, with issue ; surviving him, she married, secondly, Sir William Edmonstone of Duntreath, and died between May 1509 and August 1511.2 4. Christian, married (dispensation dated 29 April 1458) to William, eldest son of William, Earl of Orkney and Caithness, and had issue.3 (See title Sinclair.) Ac- cording to Colonel Leslie she was also married to George Leslie of that Ilk, but he founds on a writ of 20 May 1478, whereas she was still Sinclair's wife on 20 July 1487.4 She was still alive, and apparently a widow, on 20 February 1491-92.5 Christian, also a daughter of the same name, if not illegitimate, is said to have been married to George Leslie of that Ilk. ANDREW, Master of Rothes, appears on record only once or twice. He was already a knight on 16 November 1458 when he received from King James n. a charter of the lands of Teasses in Fife and Rothienorman, co. Aberdeen, resigned by his father.6 He died in the lifetime of his father, before January 1477-78, when his son is named as heir to his grandfather. He married Elizabeth, daughter of William, Earl of Orkney and Caithness. She survived him and died about 1508.7 He had issue : — 1. John Leslie, styled of Balmain. Little or nothing is known of his personal history except that as grandson 1 Hist, of Leslies, ii. 27. 2 Vol. iii. of this work, 566 ; Edmonstones of Duntreath, 82. 3 Vol. ii. of this work, 334 ; cf. Acta Dom. Cone., MS. xxi. f. 31. 4 Hist, of Leslies, i. 48 ; ii. 28 ; Reg. Mag. Sig., 20 July 1487. 8 Acta Auditorum, 168. 6 Hist, of Leslies, ii. 31. T Her name is usually given as Marjory, but it appears as Elizabeth in the retour of her son George to his father, 17 April 1509 ; Hist, of Leslies, ii. 212 ; cf . also Protocol Book of James Young, 10 September 1497. LESLIE, EARL OF ROTHES 277 and apparent heir of George, Earl of Rothes, he had, on 21 January 1477-78, a charter to him and his wife of the lands of Balmain in Kincardine, and he died, comparatively young, between May 1478 and 23 June 1481, when his widow renounced her terce. He died without issue, having married, before 16 January 1477, Janet Keith, daughter of William, first Earl Marischal. She survived him, and married, secondly, about 23 June 1481, Thomas Stewart, second Lord Innermeath,1 and had issue. (See that title.) 2. GEORGE, second Earl of Rothes. 3. WILLIAM, third Earl of Rothes. II. GEORGE, second Earl of Rothes, succeeded to his grandfather the first Earl between 31 August 1489 and 24 May 1490. The following day a precept was issued for infefting him in the barony of Ballinbreich, including the lands already named on a previous page (272), with the addition of Balmuto in Fife.2 A few months later, on 22 October 1490, the Lords of Council found that at his service as heir, certain of his lands had been undervalued by the jury. He was also on the same day directed to pay a considerable sum of money in name of nonentry.3 On 16 April 1492 a precept was issued for infefting him in the lands and barony of Leslie in Fife. In 1498 he was accused of the murder of a man named George Leslie, and summoned to underlie the law with others his accomplices, but refusing to appear, he was fined at in- tervals considerable sums of money. This apparently led to the representation made in 1506 by his brother and next heir, William Leslie, to King James iv. that the Earl was losing his ancient heritage in disinheriting his heir, contrary to Divine law. The petitioner begged for a remedy, and the King granted to him and other relatives full licence to remain with the Earl, and give him good council that he might not be misguided and his lands wasted.4 It would appear that the Earl had already, so 1 Hist, of Leslies, ii. 31, 32, where Lord Innermeath is called 'John'; but cf. Acta Dom. Cone., MS. vol. xix. f. 211, where she appears as wife of Earl Thomas. 2 Ibid., 33. 3 Acta Dom. Cone., 153, 154. * Fourth Rep. Hist. MSS. Com., App., 508. 278 LESLIE, EARL OF ROTHES early as 1495, been interdicted from alienation of his lands, a fact which he pleaded in bar of an action against him.1 It must be admitted, however, that the Earl's patrimony suffered a good deal from the claims of the Grown in the form of processes of recognition. On 3 March 1507-8 the Lords of Council declared his lands of Balmain to have been in the hands of the Grown for eighty years, and a decree was issued apprising the lands for £2210 Scots,2 after which the King, on 13 May 1510, granted them to Sir John Ramsay. Other portions of the Earl's estates were also granted away by the King, redeemable on pay- ment of the Grown casualties, and this tended to diminish his rental for the time. On 17 April 1509 he was re- toured heir of his father, Andrew Leslie, in the lands of Rothienorman, co. Aberdeen, which had now come into the King's hands by the death of his mother, Elizabeth Sinclair, who must have died shortly before.3 He died some time between August 1511 and 31 March 1513, without surviving issue, and was succeeded by his brother William. George, second Earl of Rothes, is said to have died unmarried, but this was not quite the case, though his married life was brief. He married, as Master of Rothes, between 1484 and October 1488, Jane, or Janet, Douglas,4 fifth daughter of George, fourth Earl of Angus, and widow of David Scott, younger of Buccleuch, and by her appears to have had a son, though this is not certain.5 She was dead before 10 July 1494, when her brother Archibald, Earl of Angus, was acting as her executor.6 III. WILLIAM, third Earl of Rothes, succeeded his brother sometime before 31 March 1513, but the family affairs seem to have been in too great a confusion to allow him to make 1 Acta Dom. Cone., 411. 2 Ibid., xix. ff. 198, 238 ; Fourth Rep. Hist. MSS. Com., App., 497, 498. 3 Retour, Hist, of Leslies, ii. 213. * Acta Dom. Cone., 88. 6 Ibid., 293, where there is reference to a contract of 2 October 1492 as to her terce from the Earl's lands, and ' sustentation ' for her and her son, but this may have been her son by her first husband ; Scotts of Buccleuch, i. 57, ii. 70. Macfarlane, however (Gen. Coll., ii. 426), quotes an ' old MS.' to the effect that the Earl had by his wife ' a son Walter, who for his beautie was called the fair Master of Rothes,' whom for his prodigality the Earl imprisoned in Lochleven. The young man, it is said, took it so much to heart that he died soon after his release, with- out issue. 6 Acta Dom. Cone., 370. LESLIE, EARL OF ROTHES 279 good his title, and he was killed at Flodden before he had received proper legal possession of the estates. He appears first on record on 3 June 1490, when he entered into a bond of manrent with William, Earl of Erroll, to serve him for two years.1 As already stated, in 1506 he made an effort to check the dismembering of the family inheritance, and received the King's licence to that effect. On 7 August 1511 he had a royal charter of the lands of Easter Fithie in the barony of Fithie, co. Forfar. Earl George had by his conflicts with the Grown alienated much of his land, and his chief barony of Ballinbreich was, in 1510, made the subject of an agreement with the High Treasurer. It was really adjudged from the Earl, but he was to redeem it by paying 2000 merks Scots, of which the Earl paid 1400 before his death. On 31 March 1513, after the Earl's death, Parliament ratified the agreement and declared that it must be kept in every point, anything done by the King in prejudice of it to be void. A few months later, on 29 June 1513, the King granted to William Leslie, as brother and heir to the late George, Earl of Rothes, a gift of the nonentry duties, rents and profits of the barony of Ballinbreich, with powers to hold courts and as freely as his late brother did, and as freely as he himself might do, if he were entered heir to his brother in the lands.2 On 14 July same year the King issued a signature narrating the agreement of 1510, and expressing his desire that it should be fulfilled to William Leslie, and granting to the latter and his heirs the lands and barony of Ballinbreich in heritage, as if the grantee had a charter under the Great Seal. This writ would no doubt have been followed by charter and sasine, but that within a few weeks later, on 9 September, King and subject were both killed at Flodden. William Leslie married Jonet,3 daughter of Sir Michael Balfour of Montquhanie, and had issue : — 1. GEORGE, fourth Earl of Rothes. 2. John Leslie, who held the rectory of Kinnore in 1 Spalding Club Miscellany, ii. 259. 2 Beg. Sec. Sig., i. No. 2501. 3 She is usually called Margaret, but her name appears as Jonet Balfour, Countess of Rothes, in an action between her and Elizabeth Wemyss, widow of John Strang, in Teasses, begun on 14 August 1518, and con- tinued until submitted to arbitration (Sheriff-Court Book of Fife, 1514-22, 40-43). 280 LESLIE, EARL OP BOTHES Aberdeenshire. He had a charter of the lands of Parkhill, with meadow and orchard, in Fife, on 24 March 1537-38,1 and a renewal, with additions, on 10 July 1542, to himself and his wife.2 As John Leslie, brother of the Earl of Rothes, he appears as one of the Royal Household, and receiving grants of livery in 1534 and 1538, up to 1541 .3 He was taken prisoner at the rout of Sol way on 24 November 1542, but was released on 1 July 1543, on payment, it is said, of 200 merks sterling.4 He took an active part in the assassination of Cardinal Beaton, along with his nephew, Norman Leslie, and his estates were for- feited by Parliament on 14 August 1546.5 His lands of Parkhill were, on 25 October 1557,6 granted to John Grant of Freuchie, but were restored to him by Parliament in 1563, and resigned to him by Grant on 8 August 1567.7 John Leslie, like his fellow-con- spirators, took refuge in the Castle of St. Andrews, but ere long went up to London with Mr. Henry Balnaves to negotiate for aid from England. He seems to have preceded Balnaves, as the latter writes to the Protector Somerset from Berwick, on 18 April 1547, asking that John Leslie be well treated and amused with hunting or hawking until he himself can reach London.8 Later, in 1558 and 1564, he appears in the north as a witness to charters by 'his friend, John Grant of Freuchie, and others.9 On 3 July 1575 he received a formal discharge or remission from the friends of the slain cardinal.10 In the years 1583-85 he is found dealing largely with the rents of the lands of Naughton and Bogie in Fifeshire, belonging to his niece, Janet Leslie, wife of John Grant of Freuchie,11 and he died on 6 September 1585.12 He married Euphemia Moncrieff, said to be second daughter of Sir John Moncrieff. It is said they were 1 Reg. Mag. Sig. 2 Ibid., at date. 3 Accounts of Lord High Treasurer, vols. vi., vii. and viii. 4 Rymer's Fcedera, xiv. 797. 6 Knox, Hist, of Reformation, Wodrow ed., i. 175 et seg. ; Acta Parl. Scot., ii. 467, 468. 6 Reg. Mag. Sig., at date. 7 Hist, of Leslies, ii. 151. 8 Cal. of Scot. Papers, i. 6 ; cf. 102. fl The Chiefs of Grant, iii. 126, 132. 10 Fourth Rep. Hist. MSS. Com., 504. » The Chiefs of Grant, iii. 289, 290. 12 Edin. Tests., 15 June 1586. LESLIE, EARL OP ROTHES 281 married in 1526, but as on 22 October 1541 he as one of the Royal Household received £50 to buy garments for his marriage,1 and she is named as his wife first on 10 July 1542, it is probable they were married between these two dates. They had issue two daughters only : — (1) Joan, married, about 1560, to Sir Alexander Dunbar of Cumnock, knight, with issue two sons and a daughter. She married, secondly, Sir Patrick Gordon of Auchindown, and died on or shortly after 23 August 1579, when she made her will at Naughton in Fife.2 (2) Euphemia, married, in 1572, to Alexander Bruce of Earlshall, and died 4 March 1587-88, leaving issue.3 John Leslie had also a natural son, James. 3. James, who appears in 1532 as brother of George, Earl of Rothes, and rector of Aberdour.4 But on 8 June 1548 he appears as a witness under the style of ' late rector of Aberdour,'5 and it is probably he who, as Mr. James Leslie, was rector of Rothes in February 1563-64." Shaw, in his History of Moray, gives 13 October 1576 as the date of his death, from the in- scription on his tombstone in Rothes churchyard. 4. Grisel, designed sister of George, Earl of Rothes, in a marriage-contract, dated at Haddington 8 June 1529, between him, on her behalf, and John Wardlaw of Torry and Henry Wardlaw, his son and apparent heir, for her marriage with the latter. She was appar- ently the widow of Walter Heriot of Burnturk.7 IV. GEORGE, fourth Earl of Rothes, succeeded his father on 9 September 1513, and on 1 April 1517 he had a charter to himself and to Margaret Crichton his affianced spouse, first, of a certain part of the lands and barony of Ballin- breich, which had been apprised to the late King for £1605, 6s. 8d. Scots of Grown casualty, and sold to Andrew Barton and his son. These lands had been re- deemed by Margaret Orichton by payment of the money and 200 merks more, and they were specially granted to 1 Treasurer's Accounts, viii. 31. 2 Beg. Mag. Sig., 27 October 1561 ; Edin. Tests., 15 March 1584-85. 3 Ibid., 19 March 1593-94; Genealogist, vii. 134. * Reg. Mag. Sig., 4 March 1532-33. 6 Cal. Reg. Ho. Charters, No. 1435. 6 Reg. Mag. Sig., 26 April 1567. T Acta Dom. Cone., xl. f. 54. 282 LESLIE, EARL OF ROTHES her and to the Earl and their lawful heirs-male born in marriage. The Earl was also granted by the same writ the lands and barony of Ballinbreich in Fife, and all other lands belonging to the late George, Earl of Rothes, and the Grown renounced all rights and casualties from the lands.1 Little is recorded of him for the next few years, and he is chiefly mentioned as rendering accounts to Exchequer of the various rents under his charge. He also appears as witness to various royal charters, and as receiving royal grants between 1520 and 1532.2 He took his seat in Parlia- ment jin 1524, and attended with some regularity, taking his share in the public service, his last personal appearance being in 1554. 3 He sailed to France with King James v. when he went there in 1536,4 but he appears to have re- turned to Scotland in October with others of the suite.5 In July 1543 he was one of the Commissioners sent by the Governor Arran to Cardinal Beaton to bring about an arrangement between the conflicting parties in Scotland.6 In November of the same year he was taken prisoner by Arran at the instance of the Cardinal and warded in the Castle of Craignethan, whence, however, he was soon released.7 He was, in May 1544, accounted one of the adherents of the Earl of Angus and favourable to the English alliance, but in June 1545, a year later, both Angus and he are found signing a bond against England.8 On 29 May 1546 Cardinal Beaton was assassinated, and as John Leslie of Parkhill, the Earl's brother, and Norman Leslie, his eldest son, were both present and taking active part, the Earl himself was accused of complicity. He had apparently paid a visit to Hungary, and on his return was formally charged, and a special commission was granted for his trial, which took place in presence of the Governor, the Earl of Huntly, Chancellor, and others, on the banks of the river Yarrow on 15 July 1547. He denied the charge against him, and was fully acquitted by the jury.9 As stated, the Earl seems to have been at one time favourable to the English party, but he changed his mind, 1 Reg. Mag. Sig. 2 Hist, of Leslies. 3 Ada Parl. Scot., ii. 285-603 passim. 4 Diurnal of Occurrents, 21. 6 Treasurer's Accounts, vi. 453. « Hamilton Papers, i. 584. 7 Ibid., ii. 187, 244. 8 Ibid., 396 ; Ada Parl. Scot., ii. 696. 9 Fourth Rep. Hist. MSS. Com., 504. LESLIE, EARL OF ROTHES 283 and in November 1547 took part with the Governor in his operations against Broughty Castle, then held by the English. Later, as Lord-Lieutenant of Fife, he undertook to defend the coast against the English, but vainly en- deavoured to raise men for his purpose, and he threatened, it is said, to forsake them all and go to Denmark, leaving them to get another leader.1 When M. Desse came to Scotland as Lieutenant of the King of France in 1548, the Earl took part in his ceremonial reception, and ' delivered ' the sword of state on 7 July of that year.2 But in August he was reported to be one of those who were favourable to the English proposals, if they were * honestly entyrtaynit.'3 In 1558 a memorandum in French refers to the Earl of Rothes as a ' puissant seigneur pour le pays.' 4 It was in this year he died under peculiar circumstances. The Scots Parliament, on 14 December 1557, appointed him one of six ambassadors accredited to France to carry out the marriage of Mary Queen of Scots with the Dauphin of France. The envoys embarked at Kirkcaldy in several ships about 6 February 1557-58,5 and had a very mis- adventurous voyage. A storm arose, and ere they reached St. Abbs Head the vessel in which the Earl's steed was placed sank to the bottom. The storm increased, with thunder and lightning, and the Earl's own ship was nearly driven on shore near the forelands of Kent. By a bold effort he left the ship for a ' floit bot ' which was brought to his assistance, and, with the Bishop of Orkney, reached land somewhere to the east of Calais, only themselves and their writings being saved. Their ship was lost before their eyes with many of their attendants, their jewels, their silver money, and their apparel.6 Unhappily the Earl had on 27 February borrowed £1000 Scots, in preparation for his journey.7 The marriage was finally celebrated at Notre Dame on 24 April 1558. Later, when the rejoicings were over, the French Chancellor raised the question of the Scottish Crown being conferred on the Queen's husband. The Commissioners declined to pledge themselves to this, 1 Cal. Scot. Papers, i. 44, 48, 87. 2 Hamilton Papers, ii. 604. 3 Cal. Scot. Papers, i. 163. 4 Ibid., 207. 5 High Treasurer's Accounts, at date. 6 See graphic account of their adventures, Pitscottie, Scot. Text Soc., ii. 121-123. r Fourth Rep. Hist. MSS. Com., App. 508. 284 LESLIE, EARL OF ROTHES and Pitscottie, perhaps because Rothes was a Fife man, puts into his mouth the principal speech of the occasion, with which the others are said to concur. The Earl and his fellow-Commissioners were on their way home to Scotland when they were all seized with violent illness at Dieppe, when three died, including Rothes, on 28 November 1558, while a fourth died at Paris, and the fifth, afterwards Earl of Moray, felt the evil effects during the rest of his life. An accusation of poisoning was made against the French Government, but the tragedy is as likely to have arisen from eating unwholesome food, perhaps shellfish. The Earl was the recipient of many charters, all fully set forth in the family history, and he, so late as November 1557, made special arrangements about the settlements of his lands and baronies, which will be noted later, in their own place.1 The marriages of this Earl have given cause for some confusion, but in the light of modern research the more doubtful points have been cleared up. His first wife was Margaret Crichton, illegitimate daughter of William, third Lord Orichton, by the Princess Margaret Stewart. Some of her history has been noted on a previous page under her father's title,2 and only her relations to the Earl of Rothes need be considered here. From the wording of the first charter to them, on 1 April 1517, it would appear that they came together at first without marriage, but -they were married before August 1517, when Margaret is styled Countess of Rothes.3 The marriage was dissolved by decree of divorce on 27 December 1520.4 But as already stated, Margaret Crichton had a liferent secured to her over certain lands, because of money advanced by her, and as holding that liferent, she is named in nearly every principal charter of the earldom up to October 1542.5 It 1 This Earl had one or two seals showing, 1st and 4th quarters, on a bend three buckles, 2nd and 3rd, a lion rampant. Legends imperfect ; Scottish Armorial Seals, Nos. 1603, 1604. 2 Vol. iii. 66, 67. In supple- ment, however, to what is there stated, it may be noted that her first husband George Todrik and she had a sasine in conjunct fee on 9 Sep- tember 1506. He was dead and she the wife of George Halkerstoun ere 13 July 1507 ; Protocol Book of J. Foular at date, City Chambers. 3 Reg. Mag. Sig., 1 April 1517 ; Exch. Bolls, xiv. 270. 4 Riddell's Remarks upon Scottish Peerage Law. 6 Reg. Mag. Sig. LESLIE EARL OP ROTHES 285 has been asserted by Macfarlane in his Collections, and by Sir Robert Douglas and Wood in their respective Peerages, unfortunately followed by Mr. Riddell, the well-known Peerage lawyer, that she and the Earl were reunited in wedlock in the years 1541 and 1542, and Mr. Riddell refers to a charter of 21 October 1541, in which he names her ' wife of the Earl.' l But these words are Mr. Riddell's only ; they are not in the charter, the true date of which is 21 October 1542. She is indeed, in a royal charter of 31 May 1542, described as Margaret Orichton, Countess of Rothes, but that is a grant to herself personally, and the Earl has no place in the writ, which only repeats a former designation. There is no charter evidence which can be made to support Mr. Riddell's view, which has been fol- lowed by Colonel Leslie and others.2 Further evidence also tending to discredit the second marriage will be stated below. By Margaret Orichton the Earl seems to have had five children, three sons and two daughters. The Earl married, secondly, Elizabeth Gray,3 daughter of Andrew, second Lord Gray (see that title), and widow (1) of John, Lord Glamis, and (2) of Alexander, third Earl of Huntly. The Earl granted her, as his wife, a charter on 5 June 1525. She died between 26 June and 4 October 1527.4 He married, thirdly, before 29 January 1529-30,5 Agnes Somerville, daughter of Sir John Somerville of Oambus- nethan, and widow of John, second Lord Fleming. The date of her death is not exactly known, but she was alive on 18 August 1541, and she was dead some time before 10 April 1543, at which date the Earl and his fourth wife, Isobel Lundy, widow of David, eighth Earl of Crawford (see that title), who had died on 27 or 28 November 1542, were infeft as husband and wife in the lands of Fynmonth.6 The dates here recited add to the improbability of a reunion with Margaret Crichton. It would appear that the Earl made a fifth attempt at mar- 1 Remarks upon Scottish Peerage Law, 184 n. z Cf. vol. iii. of this work, 67, which was written before new evidence came to light. Douglas's Peerage (both editions) and Colonel Leslie, who also interpolates words in the charters he quotes, make her have five children after 1541. 3 Reg. Mag. Sig., 9 June 1525, where her name is given as ' Grayme.' 4 Reg. Sec. Sig., i. 3883. 6 Reg. Mag. Sig., at date. ' Protocol Book of J. Androsoun, 43, Adv. Lib., 7.1.1. 286 LESLIE, EARL OF ROTHES riage, as on 2 February 1549-50 he, with consent of his son Andrew, granted the lands of Hilteasses to Christian Wood, Lady Balcaskie, relict of George Strang, younger of Bal- caskie, and the heirs to be begotten between him and her.1 But the marriage did not apparently take effect. The Earl of Rothes had issue by his first wife : — 1. Norman, Master of Rothes, to whom, besides other grants to him, his father resigned his lands and barony of Ballinbreich, and received a letter of re- version of the lands upon payment of various sums of money. He was, as stated, a leader in the attack upon Cardinal Beaton, and his estates were forfeited. After the second siege of St. Andrews, Norman Leslie was carried to France, and for a time was a prisoner in Mont St. Michel, from which he and his comrades made their escape.2 He entered the French service, and was grievously wounded, after a brilliant display of valour, at the battle of Renti on 31 August 1554, dying fifteen days afterwards.3 He married (contract 13 December 1546 4) Isobel, daughter of John, fifth. Lord Lindsay of the Byres,5 but died without lawful issue. Robert and John Leslie, sons natural of Norman Leslie, were legitimated on 25 February 1553-54.* 2. William, who, though not actually a participant in the murder of Cardinal Beaton, joined the conspirators in the Castle of St. Andrews, and was carried to France, where he and his brother Robert were im- prisoned in Cherbourg, and from there in Mont St. Michel, from which they escaped, and the brothers went to Rouen.7 William was in Scotland in 1550, when he was charged with complicity in an attack on Alexander Gumming of Altyre, but the result is not stated.8 As will be referred to later, his father 1 Acts and Decreets, xviii. 179. 2 Scot. Hist. Review, iii. 506. 3 Norman Leslie's seal shows a shield couche, 1st and 4th, on a bend three buckles ; 2nd and 3rd, a lion rampant. Crest, On a helmet a dexter hand and arm erect holding a sword. Supporters, Two lions. Legend, Sigillum Normani de Leslie ;V Scottish Armorial Seals, No. 1605. * Acta Dom. Cone, et Sess., xiv. 34. Cf. also Reg. Mag. Sig.,8,t date. 5 Cf. for her other husbands vol. v. 398, where at note8 for xxxii. read Ixxxii. 6 Reg. Sec. Sig., xxvi. 64. 7 Calderwood's History, i. 243, 244. 8 Pitcairn's Trials, i. 357*. LESLIE, EARL OF ROTHES 287 in 1548 alienated his lands in favour of his son Andrew, and the latter in 1560 was served heir to his father. William, however, asserted his claims, and submitted them to the decree arbitral of Queen Mary, who on 15 January 1564-65, decided that Andrew should possess the earldom of Rothes, though if he died without issue it was to revert to William ; while the latter was to receive the lands of Oairney in the Oarse of Gowrie, to revert to the Earl if William had no heirs. William, however, is still, in 1571 and later, described as a pretender to the title.1 William does not appear to have had issue, and he sold Oairney in 1570.2 In 1571 he was frequently in France, and engaged in affairs with John Leslie, Bishop of Ross, and apparently is re- ferred to in March 1572-73,3 but disappears from history after that date. 3. Robert, of Ardersier and Findrassie, is stated by the Peerages to be the son of George, Earl of Rothes, by his reunion with his first wife Margaret Orichton, and therefore born about 1541. He was certainly her son, but must have been much older, as. John Knox, who knew all the brothers well, refers to him in 1546 as taking an active part at St. Andrews, and speaks of him as brother of William Leslie,4 and he was probably born about 1519 or 1520. William and he, when taken to France, escaped from their prison and went to Rouen.5 In 1556 and 1557 he had charters of the lands of Ardersier, Duglie, and others from David Pantar, Bishop of Ross, to his brother Robert Leslie.6 He is, in 1560, mentioned by Ran- 1 Cal. Scot. Papers, iii. 617 ; iv. 141. 2 Hist, of Leslies, ii. 61, 62. 3 Cal. Scot. Papers, iii. ; iv. 521. * Knox's Hist, of Reformation, i. 6 Calderwood, i. 244. 6 Beg. Mag. Sig., 8 December 1557. This fact and the relation- ship stated below of Janet Leslie to the Bishop, prove indubitably that, as Mr. Riddell suggests, there had been a liaison between Margaret Crichton and Mr. Patrick Pantar, secretary to King James iv. ; Scottish Peerage Law, 191, 193. Another corroboration is a grant on 18 September 1543, by the Bishop, when Commendator of Trail (St. Mary's Isle), to his brother James Halkerston, who was Margaret's lawful son ; Reg. Sec. Sig., xvii. 93; iii. of this work, 66, 67. The Bishop was legitimated on 12 August 1513 as natural son of Mr. Patrick Pantar (Reg. Mag. Sig., 19 January 1539-40), and was then no doubt some years old, and his birth 288 LESLIE, EARL OF ROTHES dolph the English envoy, as a pretender to the earldom of Rothes, and a ' mortal enemy to our cause.' He was employed by Queen Mary as one of her commissioners to Scotland in January 1560-61, and he went north to consult with Lord James Stewart, the Earl of Atholl, and other northern lords.1 In 1565 he is described as Chamberlain of St. Andrews and Pittenweem, and also as Captain of the Castle of St. Andrews.2 In March 1565-66 he went to Ran- dolph and bade him leave the country, which, after much protest, the envoy had to do.3 The latter's opinion of Leslie was that he did not always * byde by that he speakethe.' He was probably the Robert Leslie who, in 1569, with other northern gentlemen, signed the bond acknowledging the infant King James vi.4 Besides the lands of Ardersier, he also held the lands of Findrassie, near Elgin. He died on 22 September 1588.5 He married Janet, fourth daughter of Alexander, Lord Elphinstone, born 16 March 1534- 35. She survived him, and married, secondly, be- tween 15 August and 17 November 1590, as his second wife, Alexander Bruce of Earlshall. This marriage, it is said, was not a very happy one. She was alive in 1598, but apparently died before 26 August 1599, as she is not named in her husband's will of that date.8 They had issue : — (1) ROBERT, who carried on the line of Findrassie.7 (2) George of Burdsbank. (3) John. (4) Joanna. (5) Agnes. may have taken place before 8 February 1505-6, when Margaret had married William Todrig; Exch. Rolls, xii. 465, 466. Mr. Patrick Pan tar (who is by some writers described as of Montrose, and, erroneously, as a layman and Margaret's husband) became the King's Secretary about that time, but he had been introduced to the Court some years before as tutor to the King's natural son Alexander, Archbishop of St. Andrews. This suggestion is also in accordance with the short space between her first and second marriages ; ante, p. 284 n. These facts, however, do not imply illegitimacy on the part of Robert Leslie, who, as stated above, was recognised by his contemporaries as brother of Norman and William Leslie. > Cat. Scot. Papers, i. 481, 506, 520. 2 P. C. Reg., i. 368, 390. 3 See Randolph's dramatic account, ibid., ii. 261. 4 P. C. Reg., i. 654, 655. 5 Edin. Tests., 17 November 1590. 6 Ibid., 3 September 1601. 7 For him and his brothers and sisters see Hist, of Leslies, ii. 161. LESLIE, EARL OP ROTHES 289 4. Janet, styled sister of David Pantar, Bishop of Ross, and therefore the daughter of Margaret Orichton. She was married to David Orichton of Naughton, before 11 March 1540-41,1 when Sir Peter Orichton of Naughton, David, his grandson, and Janet Leslie, David's wife, had a tack in feufarm of the lands of Bogy and others. David Crichton died about 1553, and on 6 January 1553-54 the nonentry duties were gifted to David, Bishop of Ross, who, on 25 January, regranted them to his 'lovit sister,' Janet Leslie, relict of David Orichton.2 She was married, secondly, before 15 May 1557,3 to John Grant of Freuchie, who died in 1585, and whom she survived, marrying as her third husband, before 6 August 1587, James Elphin- stone, brother of Robert, third Lord Elphinstone. She died at Kirkcaldy 17 December 1591.4 5. Helen, also, according to Macfarlane,5 a daughter of Margaret Orichton. She married, first, Gilbert Seton, younger of Parbroath, and had a charter, as his future wife, 10 October 1542, while Norman Leslie obliged himself to pay 300 merks of her tocher because Andrew Seton of Parbroath, Gilbert's father, had given acquittance to Dame Margaret Orichton in name and behalf of the Earl of Rothes, in part pay- ment of 400 merks.6 Gilbert and Helen had only one daughter, Janet, married, as his second wife (contract 30 April 1567), to James Hamilton of Samuelston, with issue.7 Helen Leslie was married, secondly, before 30 April 1567, to Mr. Mark Ker, Oommendator of Newbattle 8 (see title Lothian), and had issue. She survived him and died 26 October 1594, having made her will at Prestongrange, a month before, on 25 September." In addition to the three sons here named, a MS. pedigree of the Rothes family, formerly in possession of Oamden, assigns other two sons to the Earl and Margaret Orichton, 1 Reg. of Deeds, ii. 159, where a progress of writs is given. 2 Acts and Decreets, xxvi. ff. 243, 244. 3 Reg. of Deeds, ii. f . 157. * Chiefs of Grant, i. 152, 153; Edin. Tests., 28 June 1593. 6 Gen. Coll., ii. 428. 6 Protocol Book J. Androsoun, 40 ; Adv. Lib., 7.1.1. 7 Reg. of Deeds, ix. f. 77 ; Anderson's House of Hamilton, 372. 8 Reg. of Deeds, ix. f . 77. 9 Edin. Tests., 18 August 1596. VOL. VII. T 290 LESLIE, EARL OF ROTHES thus : (1) George, who died young s.p. ; (2 ) Norman ; (3) William ; (4) John, died young s.p. ; (5) Robert, the youngest. But this list appears to be doubtful. By Agnes Somerville the Earl had issue : — 6. ANDREW, who became fifth Earl of Rothes. 7. Peter, named in 1535 in a charter by his father, and later with his brother James in various writs between that and 1542.1 He is designed parson of Rothes in an action in which he and his brothers were con- cerned, 17 January 1558-59.2 8. James, named with his brother in charters between 1539 and 1542.3 Little is recorded of him, but in 1574, James Leslie, described as brother of Norman Leslie, in an Admiralty Court in Shetland, was with others convicted of plundering a ship from Emden, and taking money and goods. They were pardoned after being two hours at the gallowsfoot with a rope round their necks.4 He is said to be the ancestor of the Leslies of Ballybay in Ireland.5 9. Euphemia, married to George Learmonth of Balcomie some time before 18 August 1548, when her marriage- contract was ratified by her father.6 He died in June 1585, and she married, secondly, John Cunningham of West Barns. She died in April 1588.7 10. Agnes, married (contract 26 November 1554,8 when she was under marriageable age) to William Douglas of Lochleven, afterwards Earl of Morton. (See that title.) The daughters of this marriage are said to have been very beautiful. 11. Beatrix,* contracted, 22 June 1560, to Andrew Ward- law, younger of Torrie,10 but the marriage apparently did not take place, and she married (contract 14 March 1560-61 ") David Beaton of Creich, with issue a daughter, Anna or Agnes, married, according to Macfarlane, to Sir James Ohisholm of Cromlix. 1 Reg. Mag. Sig. 2 Acts and Decreets, xviii. f. 449. 3 Reg. Mag. Sig. * Cal. Scot. Papers, v. 208. 6 Hist, of Leslies, ii. 153 n. 6 Protocol Book of J. Androsoun, f. 77, Adv. Lib., 7.1.1. 7 Edin. Tests., 23 November 1590. 8 Reg. of Deeds, i. 48. 9 Euphemia, Agnes, and Beatrix are named in this order in an action in which they and their brothers were concerned (Acts and Decreets, xviii. f. 449). 10 Reg. of Deeds, iii. 381. n Ibid., iv 122. LESLIE, EARL OF ROTHES 291 According to the same authority the spouses were divorced, and Beatrix married, secondly, John Auch- moutie of that Ilk.1 12. Elizabeth, contracted, before 25 June 1545, to marry David Barclay, younger of Oullernie, but he refused, and, in 1557, she was the wife of Patrick Orichton, younger of Lugton. The Earl had also various natural children : — Walter Leslie of Oowcairnie. He married, before June 1542, Elizabeth Wardlaw, the eldest of six coheir- esses of the lands of Otterston in Fife, as appears from a charter of part of the lands on 14 June 1542.* He is styled natural son of the Earl of Rothes in an agreement with Isabella Wardlaw, his sister-in-law, as to the purchase of her share of Otterston, of date 27 June 1554.3 He had issue by his wife, who died before 29 January 1578-79.4 Robert, natural son of George, Earl of Rothes, legiti- mated on 28 October 1557.5 His history cannot be certainly traced. Katherine. On 11 September 1527 Earl George con- tracted with Sir John Oliphant of Kellie that the latter's son, Alexander, as yet a pupil, should marry one of the Earl's lawful daughters by Margaret Orichton. Afterwards, however, the Earl fraudu- lently married young Oliphant to Katherine Leslie, his illegitimate daughter by Helen Forsyth, a woman of low birth, affirming that she was legitimate. On this and other more personal grounds the marriage was annulled by the Official of St. Andrews on 25 September 1550.6 Christian or Christina, daughter natural of George, Earl of Rothes, legitimated 10 November 1553.7 She was probably identical with the Christian Leslie, natural daughter of the Earl, who received a charter in 1555,8 and whose mother was Christian Wood, Lady Bal- caskie, before named. She was married (contract 1 Gen. Coll., L 32, 33. 2 Beg. Mag. Sig. 3 Acts and Decreets, x. f. 293. 4 Cf. Keg. Mag. Sig., at date. 5 Ibid. 6 Liber Ojfficialis Sancti Andree, Abbotsford Club, 107-110, where the circumstances are narrated at length. 7 Beg. Sec. Sig. 8 Acts and Decreets, xxv. f. 345. 292 LESLIE, EARL OP ROTHES dated 26 January 1570-71) to James Kincaid, younger of that Ilk.1 He and she, on 6 July 1592, renounced her rights, conferred by her father, over a tenement and lands in the burgh of Cupar, in exchange for £1000 Scots paid by Andrew, Earl of Rothes.* James Kincaid died in January 1606 leaving issue by his wife, who survived him.3 V. ANDREW, fifth Earl of Rothes, who succeeded, is first referred to as Andrew Leslie of Kilmany in a charter of 31 January 1539-40, and he bore that designation until after June 1548, when he is styled Master of Rothes, though his brother Norman was then alive. The latter was infeft in the barony of Ballenbreich, but was forfeited for the murder of Cardinal Beaton, and the Earl, his father, ran a risk of losing his lands.4 On 6 September 1547, how- ever, the Governor, notwithstanding the forfeiture, granted the barony to the Earl, who, on 30 May 1548, alienated the same to Andrew Leslie, his lawful son, and his heirs-male, and also the lands and barony of Leslie. The reason given for thus passing over Norman and his brothers is not the forfeiture or any incapacity on their part, but that Andrew Leslie and his kinsmen on his mother's side had advanced money to the Earl in his urgent need, in name of and with a view of defending the kingdom against England, and specially the bounds of Fife where the Earl was Sheriff. The transaction therefore took the aspect of a sale of the lands, which was confirmed by the Crown on 7 June 1548.5 The lands, however, were still technically in the hands of the Crown, and it is said that when Mary, the Queen- Dowager, was in France in 1551, plotting to gain the regency from Arran, she proposed, among other things, to bestow the earldom of Rothes upon the young son of Lord Huntly, Arran's grandson.8 Later, in 1557, the Earl went through the form of consigning so much money for the redemption of the lands and obtained full possession 7 so that at his death his son Andrew succeeded direct to the 1 Acts and Decreets, xlv. f. 414. 2 Eeg. of Deeds, xl. f. 329. 3 Cf. Edin. Tests., 28 May 1606. * Eeg. Mag. Sig., at date. 5 Ibid. * Calderwood's History, i. 272. 7 Fourth Rep. Hist. MSS. Com., 500 ; Hist, of Leslies, ii. 59-61. LESLIE, EARL OF ROTHES 293 earldom. Andrew's elder brother, William, however, laid claim to the title, and it was not until their claims had been submitted to Queen Mary as arbiter, and her decision was given in Andrew's favour, that the matter was settled on 15 January 1564-65.1 Another disturbing element was a contest between the Earl and Patrick, Lord Lindsay of the Byres, as to who should hold the office of Sheriff of Fife. The dispute was referred to arbiters, who, on 9 May 1573, decided that the Earl should redeem the office for 5000 merks, while a marriage was arranged between one of his daughters and the Master of Lindsay.2 The Earl took a considerable part in the affairs of his time. He early joined the Lords of the Congregation, and marched with them to Perth in June 1559. In April 1560 he was one of those who signed the ' band ' against the Queen-Regent. In September 1561 Queen Mary spent a night in his house, and it was reported he lost some plate and other matter * easye to be conveide.' 3 He approved of the murder of Riccio, but made his peace and was pardoned. After Mary's defeat at Langside and her flight to England he continued to adhere to her faction, and, in 1573, was severely commented on by Killigrew, the English ambassador, that while acting as a mediator be- tween the Regent and the garrison of Edinburgh Castle, he encouraged the latter.4 The Earl received and granted a number of charters, but these are set forth in the family history and need not be specially dwelt upon here. The Earl died in 1611 and was succeeded by his grandson.5 Andrew, Earl of Rothes, married, first, Grisel Hamilton, daughter of Sir James Hamilton of Finnart, the contract being dated 28 June 1548.6 For this union a dispensation was procured which cost £20. She was alive in September 1368, but died before 1573. He married, secondly, shortly after 3 October 1573, when she was still his future spouse 1 Hist, of Leslies, 219-223, where the decreet is given at length. 2 Ibid., ii. 76 ; Fourth Rep. Hist. MSS. Com., 500, 501. 3 Cal. Scot. Papers, ii. 555. 4 Ibid., iv. 543. 6 His seal bears a shield couche, 1st and 4th, on a bend three buckles ; 2nd and 3rd, a lion rampant. Crest, On a helmet with mantling and wreath a (griffin?) head. Supporters, Two griffins. Legend, ' S. Andree leslie Coitis de rothes ' ; Scottish Armorial Seals, No. 1606. 6 Hist, of Leslies, ii. 86. 294 LESLIE, EARL OF ROTHES (contract 18 August 1573), Jean, daughter of Patrick, third Lord Ruthven.1 (See title Gowrie.) She died in Sep- tember 1591, and the Earl married, thirdly (contract 15 June 1592), between 4 and 24 November 1592, Janet Durie, daughter of David Durie of that Ilk in Fife.2 By his first wife the Earl had issue : — 1. JA.MES, Master of Rothes. 2. Patrick, ancestor of the Lords Lindores and Newark. (See these titles.) 3. Sir Andrew Leslie of Lumbany, which he received from his father. He also received the lands of Kilmany on 27 September 1568, reserving his mother's life- rent, but he renounced Kilmany to his father on 23 October 1586,3 and died without issue in March 1603. His nephew, Patrick, Lord Lindores, was served heir to him in the lands of Lumbany on 9 April 1609.4 4. Euphemia, married (contract dated 9 May 1573), with a tocher of 5000 merks, to James, Master of Lindsay, eldest son of Patrick, Lord Lindsay of the Byres 5 (see that title). The spouses had a charter of certain lands in Fife on 16 February 1573-74.6 5. Margaret, contracted on 5 April 1565 to marry David Barclay, eldest son of David Barclay of Oollairnie, both being then children.7 This union did not take place, and she was married, on Christmas day 1575, to Archibald, eighth Earl of Angus, trom whom she was divorced in 1587, because of an intrigue with the Earl of Montrose.8 6. Isabella, married to James, Master of Sinclair. Before marriage she had a charter to herself in liferent from Henry, Lord Sinclair, confirmed 24 July 1577." She has been styled the Earl's youngest daughter, but she was only the youngest by his first marriage. She had issue, her eldest son being born in 1581. 1 Fourth Rep. Hist. MSS. Com., 502; Acts and Decreets, liii. f. 61. 2 Deeds, xl. f. 472 ; Reg. Mag. Sig., 4 November 1592, where she is called his future spouse, but in a sasine of 24 and 25 November she is styled his wife (Orig. Sasine, Gen. Reg. Ho.). 3 Gen. Reg. Ho. Charters, No. 2130. 4 Retours, Fife, No. 200. 6 Fourth Rep. Hist. MSS. Com., 500. 6 Reg. Mag. Sig. 1 Acts and Decreets, xxxi. f. 352. 8 Douglas Book, ii. 337 ; cf. Gal. Scot. Papers, v. 645, 646. ° Reg. Sec. Sig., xliv. f. 87. LESLIE, EARL OF ROTHES 205 By his second marriage the Earl is said to have had issue : — 7, Margaret, married to Sir William Cunningham of Cap- rington. S. Mary, married, as his second wife, to Sir Robert Mel- ville of Murdocairny, afterwards first Lord Melville,1 between 1586 and 1593. She died, without issue, i» March or April 1605.2 By his third marriage the Earl had issue : — 9. George Leslie, who had a grant, on 16 June 1596, from his father of the lands of Newton, co. Fife, with remainder to his brothers John and Patrick. He died without issue in January 1614, and his brother John was, on 5 July 1620, served heir to him.3 JO. Sir John, brother of George, on whom Newton was entailed in 1596. He married Elizabeth, daughter of Patrick, sixth Lord Gray, and had issue. His great- grandson became sixth Lord Lindores. (See that title, where a fuller notice of Sir John Leslie is given.4) 11. Robert, who is named, in charters of 1601 and 1604, as brother of George and John.6 He is said to have died without issue. 12. Elisabeth, contracted (29 and 31 January and 12 Feb- ruary 1608), with a tocher of 20,000 merks, to David Wemyss, eldest son of Sir John Wemyss of that Ilk. He died in the following August. She renounced her rights over Wemyss in 1610, when she married (con- tract 13 and 17 February) James Ogilvy, afterwards first Earl of Findlater, he and she being then under age.6 JAMES, Master of Rothes, the eldest son of Andrew, fifth Earl of Rothes, by Grizel Hamilton, his first wife, does not appear very prominently in the family history, nor did he take much part in public life, as very little is recorded of him except that he was Sheriff of Fife and Provost of 1 There is evidence of this marriage, but not of that of her sister Mar* garet. 2 The Melville Book, i. 124. 3 Hist, of Leslies, ii. ; Retours, Fife, No. 309. * Vol. v. 386. 6 Beg. Mag. Sig., 26 December 1601 ; 17 April 1612. 6 Wemyss Book, i. 200; ii. 311-313; vol. iv. of this work, 29. 296 LESLIE, EARL OF ROTHES Oupar. He died between January and March 1607, pre- deceasing his father. James, Master of Rothes, married (contract 11 January and 21 February 1574-75) Margaret, daughter of Patrick, sixth Lord Lindsay of the Byres, and had issue. She died in or before 1594, in which year he married, secondly, Catherine Drummond, daughter of Patrick, third Lord Drummond.1 The Master of Rothes had issue by first marriage : — 1. James, who had a charter of the lands of Ballinbreich and others on 25 July 1598. He died, unmarried, in 1604, before his father. 2. George, who died, unmarried, before his father. 3. Margaret, married to John Moray, minister at Dunfermline, son of Robert Moray of Abercair- ney. She died 12 June 1620, leaving no surviving issue.2 4. Isabel, married (contract dated 6 February 1596-97) Robert Lundie, younger of that Ilk, styled of New- hall.8 He had no issue, and died abroad in October 1602, having made his will at Bordeaux 23 June in that year.4 Before 1609 she married, secondly, Sir George Hamilton of Greenlaw (see title Abercorn). She was still alive in 1625.5 5. Euphemia, who is named in a writ of 12 July 1591, but was dead, unmarried, before June 1613.6 6. Agnes, married (contract dated 2 April 1605), with a tocher of 10,000 merks, to Andrew Wardlaw, younger of Torry.7 She died before 24 February 1609, with- out issue, as her husband and her sisters Margaret and Isabel were called as her executors.8 7. Qrizel, married (contract dated 27 October 1601), as his second wife, to Alexander, Lord Fy vie, afterwards first Earl of Dunfermline, and died 6 September 1606, leaving issue.9 (See title Dunfermline.) By his second wife the Master had issue : — 1 Fourth Rep. Hist. MSS. Com., 502, 503. 2 Fasti Ecclesice Scoticance, ii. 567 ; Beg. of Deeds, ccclxxiii. f. 124. 3 Hist, of Leslies, ii. 90 ; East Neuk •of Fife, 2nd ed., 56. 4 Edin. Tests., 22 February 1604. 5 Reg. of Deeds, ccclxxiii. f. 124. 6 Ibid. 7 Reg. Mag. Sig., 13 May 1610. 8 Edinburgh Commissariat Decreets, 24 February 1609. 9 Edin. Tests., 9 February 1609. LESLIE, EARL OF ROTHES 297 8. JOHN, who succeeded as sixth. Earl of Rothes. 9. Jeaw, married (contract 22 and 25 June 1622) to Duncan Menzies, younger of Weem, son of Sir Alex- ander Menzies of Weem.1 VI. JOHN, sixth Earl of Rothes, succeeded his grand- father in 1611, when he was still under fourteen. His mother, Catherine Drummond, had acted as his tutor, but she resigned, and James, Earl of Perth, was appointed tutor to the young Earl. He was, on 9 April 1613, served heir to his eldest brother James in the lands and baronies of Rothienorman and Oushnie, co. Aberdeen.2 He was also served heir of his great-grandfather, George, Earl of Rothes, in the lands and baronies of Oairney, Rothes, Park- hill, and others, on 28 February 1621 .3 A large number of land transactions on his part are also recorded in the Family History, but need not be detailed here. He was also made a burgess of various burghs : of Edinburgh, 26 June 1617 ; of Elgin, 26 August 1623 ; and of Glasgow, 5 May 1637.4 He was still under age, or at least under curators, in February 1617,5 but on 17 June of that year he was present at the Parliament presided over by -King James vi. on his visit to Scotland, and carried the sword of state before the King.6 He was also in the Parliament of 25 July 1621, which had the famous Five Articles of Perth under consideration.7 For these Articles he refused to vote, thus taking up the position he ever after main- tained as a strong opponent of Episcopacy. As a Scottish noble his interests were affected by the sweeping Revoca- tion edict issued by King Charles I. after his accession, and he was one of a deputation of three young nobles sent to London to remonstrate with the King. Their journey was stopped by royal order for some days, but at last they were permitted to come to Court. The King was induced to receive them, and they won on his favour so much that 1 Fourth Rep. Hist. MSS. Com., 509; Reg. Mag. Sig., 30 July 1622. In his notice of this contract Colonel Leslie (Hist, of Leslies, ii. 92) inad- vertently interchanges the names of father and son. * Retours, Aber- deen, No. 583. 3 Retours, Elgin, No. 185 ; Perth, No. 1099 ; Fife, Nos. 1547-1549. * Hist, of Leslies, ii. 93. 6 P. C. Reg., xi. 51. 6 Ada Parl. Scot., iv. 524-526. ' Ibid., iv. 593. 298 LESLIE, EARL OP ROTHES they obtained special marks of regard— in Rothes's case mitigation of duties due to the Grown from a tobacco monopoly in which he had invested, and also a tack of feu- duties from the abbacy of Lindores.1 In 1633 he opposed the measures of King Charles i. in regard to the royal prerogative as bearing on the vest- ments to be worn by the churchmen, and is said to have challenged the accuracy of the voting in Parliament.2 He was an active agent on behalf of the Covenant, and one of the most prominent leaders in the movement ; but that is matter of general history. He was a colonel in the Scot- tish army which met at Dunse Law, a warlike demonstra- tion under General Alexander Leslie, which ended in a Pacification with the King.3 He is said to have been the means of drawing his clansman, Sir Alexander Leslie, after- wards Earl of Leven, to join the party of the Covenanters, and that his first military act in Scotland was to drill the Earl's men in Fife.4 The Earl was also in 1640 appointed one of the Commissioners from Scotland to manage Scots affairs in London. He remained there for some time, and appears to have impressed the Court very favourably. The Rev. Robert Baillie writes to the Earl's son-in-law, Lord Montgomery, on 2 June 1641, * For the present your Good- father is a good courteour ; if it hold, he is lyke to be first both with King and Queen ; but sundrie thinks it is so sudden and so great a change that it cannot hold.' In another letter the same idea is repeated, with the addition, 'if they goe on he is lyke to be the greatest courteour either of Scotts or English. Lykelie he will take a place in the Bed-chamber and be little more a Scottish man. If he please, as it seems he inclynes, he may have my Lady Devonshyre, a verie wise lady, with four thousand pounds sterling a year. The wind now blows fair in his topsaile : I wish it may long continue ; bot all things here are verie changeable.' 5 This last came true in a sense not meant by the writer, as on 10 August Rothes was reported as * dan- ger ouslie sick,' and he died at Richmond-on-Thames, 23 1 P. C. Reg., 2nd ser., i. pp. clxxvi-clxxx. - Row's Historic of the Kirk of Scotland, Wodrow ed., 367,. and authorities there noted. 3 Baillie's Letters, i. 211, 218. 4 Spalding's History of the Troubles, i. 88. 6 Baillie's Letters, i. 354. LESLIE, EARL OF ROTHES 299 August 1641, his body being brought to Scotland, and buried at the kirk of Leslie on 24 November following.1 The Earl married (contract 10, 21, and 28 December 1614 2) Anna, second daughter of John Erskine, Earl of Mar, by his second marriage. Lady Rothes died 2 May 1640. They had issue : — 1. JOHN, who succeeded as Earl of Rothes. 2. Mary, eldest daughter, married (contract 17 and 24 December 1635), with a tocher of 25,000 merks Scots, and, as his second wife, to Hugh, styled Lord Mont- gomery, afterwards seventh Earl of Eglintoun. (See that title.) 3. Margaret, married, first (contract dated in 163[6],3 where she is described as second daughter), to Colonel Alexander Leslie, fiar of Balgony, eldest son and heir of Sir Alexander Leslie, afterwards Earl of Leven, and had issue; secondly (contract dated 25 July 1646 4), to Francis, second Earl of Buccleuch, with issue ; and thirdly, as his third wife, on 13 January 1653 (contract 23 December 1652), to David, second Earl of Wemyss,5 also with issue. She survived him, who died in July 1679, until February 1688, and was buried beside him at East Wemyss.8 VII. JOHN, seventh Earl of Rothes, was only about eleven years old when he succeeded his father on 23 August 1641, and his tutors were Alexander, Earl of Leven, to whom a grant of his ward and marriage was given on 20 June 1642,7 and Archibald, Marquess of Argyll. On their petition a special commission was constituted on 10 February 1642, for serving him as heir to his father, and on 27 April it sat at Oupar and served him heir in all his lands, except the Inches of Lindores, to which he was served on 8 October 1642.8 In recognition of his father's services, King Charles i., 1 Baillie's Letters, 384 ; Edin. Tests., 8 March 1644 ; Spalding's History of the Troubles, i. 356 ; Sir Thomas Hope, in noting the Earl's death, says he ' wes much lamentit' ; Diary, 152. This Earl bore on his seal : 1st and 4th, on a bend three buckles ; 2nd and 3rd, a lion rampant ; above the .shield a coronet, and around it the initials I. E. R. 2 Fourth Rep. Hist. MSS. Com., 509. 3 Ibid. * Scotts of Buccleuch, i. 282, 283. 6 Wemyss Book, i. 264 ; ii. 236-240. 6 Ibid., i. 293. ^ Fourth Rep. Hist. MSS. Com., 509. 8 Hist, of Leslies, ii. 105, 106. 300 LESLIE, EARL OF ROTHES on 23 September 1641, made him a grant of £10,000 Scots yearly during life.1 He waited on King Charles n. at his coming to Scotland in 1650, carried the sword of state at the King's coronation, and raised a regiment of horse in Fife, at the head of whom he marched into England in 1651. He was taken prisoner at the battle of Worcester, where he and his men fought with great bravery, on 3 September 1651, and was for a time in captivity in the Tower of London, and latterly in Newcastle. He was liberated in 1655, it is said at the request of the famous Elizabeth Murray, Countess of Dysart, and returned to Scotland, where, in January 1658, he was again imprisoned, this time in Edinburgh Castle, because of a quarrel with Viscount Howard. His estates were sequestrated by Cromwell in April 1658, and he was liberated in December, paying, on 2 February 1658-59, £4000 Scots, imposed on him under the Act of Pardon and Grace.2 On the Restoration the Earl went up to London to meet the King, and his fidelity was rewarded by the grant of a pension of £1000 sterling yearly, in place of the former pension of £10,000 Scots, while he was made President of the Privy Council of Scotland on 30 August 1660.3 He was on 13 February 1661 appointed an Extraordinary Lord of Session,4 and on 4 June 1663 was made Lord High Treasurer for life.5 He was also appointed the King's High Commis- sioner to preside over the Parliament meeting at Edinburgh on 18 June 1663. In 1666 he was appointed Oeneral of the Forces in Scotland, and in October of the following year he was made Lord High Chancellor for life. On 4 June 1663 the Earl, on his own resignation, obtained a charter of the title, honour, and dignity of Earl of Rothes, Lord Leslie and Ballinbreich, with the whole earldom, lands, baronies and lordships named, to him and the heirs-male of his body, whom failing, to the eldest heir-female of his body, or of the body of his heirs-male, without division, on condition that the heir-female should marry a gentleman of the name of Leslie, or who should take the name of Leslie, and that the children of such heirs-female should bear the name and 1 Fourth Rep. Hist. MSS. Com., 505. 2 Hist, of Leslies, ii. 109. 3 Fourth Rep. Hist. MSS. Com., 505. * Acta Parl. Scot., vii. 124, 6 Fourth Rep. Hist. MSS. Com., 505. 301 arms of Leslie ; with remainder to the heirs-male of Mar- garet, Countess of Wemyss, sister of the Earl, by her first husband Alexander, Lord Balgony ; whom failing, to the second son of the Earl's next sister Mary, by her husband Hugh, Earl of Eglintoun, and to her third and younger sons, and their respective heirs-male, it being provided that if any of them succeeded to the earldom of Eglintoun, the earldom of Rothes should go to the next heir of entail; whom failing, to Sir John Leslie of Newton, knight, and the heirs-male of his body ; whom failing, to the Earl's heirs-male whomsoever ; whom all failing, to his heirs and assignees whomsoever. This charter was ratified by the Scottish Parliament on 9 October 1663, but the substitution of heirs is not detailed in the Act.1 On 29 May 1680 the Earl was created DUKE OF ROTHES, MARQUESS OP BAMBREIOH, EARL OF LESLIE, VISCOUNT OF LUGTOUN, LORD AUOHMUTIE AND OASKIEBERRIE, to himself and the heirs-male of his body, without prejudice to the title of Earl of Rothes, so that the heirs of entail, who, failing the heirs-male of his body, might succeed, should enjoy the title of Earl of Rothes.2 The Duke, however, did not long enjoy his accession of rank, as he died at Holy rood on 27 July 1681, and, on 23 August, his body was carried with the utmost pomp and ceremony from the church of St. Giles to Holyrood Abbey, whence next day it was removed to Leith, thence to Burntisland, and thence to Leslie, where he was buried.3 His dukedom became extinct, but his eldest daughter succeeded as Countess of Rothes. This Earl of Rothes married, when still under age (contract dated at Holyrood House 1 January and 4 February 1648), Anne Lindsay, daughter of John, Earl of Crawford and Lindsay, her tocher being £20,000 Scots/ By her, the Earl had issue : — 1. MARGARET, who succeeded as Countess of Rothes. 2. Christian, baptized 13 December 1661,5 married, first 1 Acta Parl. Scot, vii. 518. The details in the text are given from Colonel Leslie's version of the charter. 2 Reg. Mag. Sig., MS. Lib. 67, No. 117; Fourth Rep. Hist. MSS. Com., 506. 3 Ms. description and en- graving of funeral, Lyon Office. 4 Fourth Rep. Hist. MSS. Com., 510. 5 Canongate Reg. of Baptisms. 302 LESLIE, EARL OF ROTHES (contract dated 9 June 1681), to James, third Marquess of Montrose, with issue (see that title) ; secondly, in May 1687, to Sir John Bruce of Kinross, younger, and died, 21 April 1710, without issue. VIII. MARGARET, elder daughter of the Duke of Rothes, succeeded him as Countess of Rothes under the entail of 1663, already cited, and she was served heir of her father in his various estates.1 She had married, on 8 October 1674, Charles, fifth Earl of Haddington, and he joined with her in opposition to a claim made on 26 January 1682 to the titles and earldom of Rothes by John, Lord Lindores, as heir-male of the Duke. The claim was made to the Privy Council, who referred the whole matter to the Court of Session, and Lord Lindores did not press his petition before that tribunal. On 1 January 1684 the Countess executed an important entail, which was the basis of all following entails. She resigned and granted her estates of the earldom of Rothes in favour of herself and Charles, Earl of Haddington, her husband, and the longest liver of them in liferent during all the days of their lifetimes, and to John, Lord Leslie, their son, and the heirs-male or the eldest heir-female lawfully to be procreate of his body, whom failing, to the other heirs-male lawfully procreate or to be procreate betwixt the Countess of Rothes and the Earl of Haddington, her husband, and the heirs-male or eldest heir- female lawfully to be procreate of their body, whom failing, to the other heirs-male lawfully to be procreate of the said Countess of Rothes by any other marriage, and the heirs- male or eldest heir-female of their body, whom failing, to the eldest daughter or heir-female lawfully procreate or to be procreate betwixt the said Countess and the said Earl, and the heirs-male or eldest heir-female lawfully to be procreate of their body, whom failing, to the eldest daughter or heir-female to be procreate of the Countess by any other marriage, and the heirs-male or eldest heir-female lawfully to be procreate of their body, whom failing, to Christian, Marchioness of Montrose, her sister-german, and the heirs-male or eldest heir-female lawfully procreate or 1 Special Retours, Aberdeen, No. 542; Elgin, No. 146; Fife, No. 1205; Inverness, No. 105 ; Fraser's Earls of Haddington, i. 235. LESLIE, EARL OF ROTHES 303 to be procreate of her body, the immediate heir-female, failing of the eldest and their heirs, always succeeding successive in all these cases and without division, whom failing, to Mr. Francis Montgomerie, brother-german to the Earl of Eglinton, and the heirs-male lawfully procreate or to be procreate of his body, whom failing, to John Leslie of Newtowne, and the heirs-male lawfully procreate or to be procreate of his body, whom failing, to the said Margaret, Countess of Rothes, her nearest and lawful heirs-male whatsomever, whom all failing, to her other heirs and as- signees whatsomever heritably, the eldest daughter or heir- female successive always succeeding without division.1 The Earl of Haddington died in May 1685,2 while his wife survived till 20 August 1700. Their marriage-contract, on 7 October 1674, provided that if the Countess inherited her father's earldom, the eldest son of the marriage was to succeed to the earldom of Rothes, and the second son to the earldom of Haddington. If there was only one son Jie was to assume the name of Leslie, and arrangements were made for continuation of the succession through daughters if there were no sons.3 The Countess and her husband had issue : — 1. JOHN, who became Earl of Rothes. 2. THOMAS, who under the provisions of the marriage- contract became Earl of Haddington. (See that title.) 3. Mr. Charles, described in 1688 by the Countess as her third son, but he appears to have died young.4 4. Anna, baptized at Tynninghame on 25 August 1676.5 IX. JOHN, eighth Earl of Rothes, was baptized on 21 August 1679, at Tynninghame,6 and succeeded his mother in the earldom on 20 August 1700. He soon afterwards resigned his rights to the title of Haddington in favour of his younger brother Thomas, who received a new patent on 22 October 1702. He sold the estate of Rothes, on 24 January 1711, to John Grant of Elchies. He was chosen one of the Representative Peers of Scotland in 1708, 1715, and 1722. He was also in November 1715 appointed Vice- Admiral 1 Beg. of Entails, vol. 18, 10 March 1775. 2 Eraser's JEarls of Hadding- ton, i. 221. 3 Ibid. * Ibid., 238; Fourth Eep. Hist. MSS. Com., 511. 6 Earls of Haddington, i. 238. 6 Ibid., 235. 304 LESLIE, EARL OF ROTHES of Scotland, and he was Lord High Commissioner to the General Assembly of the Church of Scotland from 1715 to 1721. In the rising of 1715 he sided with the Government, and made an effort to save Perth from the Jacobites, but was too late. In that and other ways he made himself so obnoxious to the rebels that they attacked his house at Leslie, searched it for arms, and even broke into the family burying-place. He commanded the Volunteer Horse at the battle of Sheriffmuir, and fought, it is said, with great gallantry. He played a part in other public affairs, and took much interest in agriculture, being one of the first to introduce the cultivation of turnips, especially in the north of Scotland. He died on 9 May 1722. He married, on 29 April 1697, Jean Hay, daughter of John, second Marquess of Tweeddale, who survived him, dying on 4 September 1731, and had issue : — 1. JOHN, who succeeded as Earl of Rothes. 2. Charles, captain in a Scottish regiment in the Dutch service.1 He rose to the rank of colonel, and died in London, unmarried, on 16 August 1769. 3. Thomas, an Equerry to Frederick, Prince of Wales, in 1742. He was a captain in the 46th Regiment of Infantry, and fought at the battle of Prestonpans in 1745, where he was wounded and made prisoner. He was M.P. for the Perth Burghs in 1743, 1747, and 1754. He had the lands of Stenton, co. Fife, from his brother John, Earl of Rothes,, on 1 February 1740. He died in London 17 March 1772. He married, and had issue a daughter Catherine, who was served heir to him on 18 August 1813. 4. James of Milndeans, baptized 11 April 1703.2 He was admitted as a member of the Faculty of Advocates on 5 July 1726.3 On 1 February 1740 he had a grant of the lands of Milndeans from his brother the Earl of Rothes. He was appointed in 1748 Sheriff-depute of Fife, and was also Solicitor of Exchequer until 1757. He died at Clapton, in Middlesex, on 24 September 1761, and his niece Catherine, daughter of his brother Thomas, was served heir to him on 18 August 1813. 1 Scots Brigade in Holland, ii. 2 Leslie Reg. of Baptisms. 3 Books of Sederunt, at date. LESLIE, EARL OF BOTHES 305 5. David, born 26 September 1705, died young. 6. William, major commandant of invalids in Ireland. He died unmarried in London 29 January 1764. 7. Francis, born 20 June 1709. 8. Andrew, born 4 August 1712. He became Equerry to the Dowager Princess of Wales. After the death of his nephew the tenth Earl of Bothes, he claimed the title and estates of Bothes as heir-male, but the Court of Session decided in favour of his niece Jane Elizabeth, Countess of Bothes, and the House of Lords, on 10 May 1774, affirmed the decision. Andrew Leslie died at Haddington 27 August 1776. 9. Jane, born 24 June 1707 ; died at Edinburgh 18 March 1771. 10. Mary, who died in infancy. 11. Margaret, born 5 November 1710; died at Fountain- bridge, Edinburgh, 23 February 1767. 12. Anne, born 9 September 1714, died young. X. JOHN, ninth Earl of Bothes, succeeded his father on 9 May 1722, and on 30 August in that year was served heir of entail.1 He had already entered the Army, and was a captain of Dragoons in 1715. He was made lieutenant- colonel of the 21st Begiment in 1719, and of the 25th in 1732. He was elected one of the Bepresentative Peers of Scotland in 1723, and again in 1727, 1747, 1754, and 1761. He held various commands in the Army, and was a major- general at the battle of Dettingen. He was at the head of the cavalry, as colonel of the 6th Dragoons, at Bocoux on 1 October 1746, and at his death he was Commander-in- chief of the Forces in Ireland, besides holding other appoint- ments. He was made a Knight of the Thistle 29 March 1753.2 It was during his time that the chief family residence, Leslie House, Fifeshire, was burned down by the igniting of a large central beam which crossed a chimney in one of the sleeping-rooms. This took place, it is said, on Christ- mas day 1763, and the action of the fire was accelerated by the boisterous character of the day, when snow fell thickly, and was driven by a strong wind. Every effort 1 Services of Heirs, at date. * Nicolas's Orders of Knighthood. VOL. VII. U 306 LESLIE, EARL OP ROTHES was made to save the house, but without success, and it was wholly destroyed. ' The Library was at that time considered the most valuable in Scotland, and the plate and linen was also a peculiarly rich collection.' l Another account, which gives the date as Wednesday, 28 December, states that no lives were lost, and that most of the rich furniture was destroyed. Some jewels, plate, and fine paintings were saved.2 The mansion, however, was rebuilt before 1767. To enable him to rebuild the house, the Earl sold his estate of Ballinbreich to Sir Lawrence Dundas, ancestor of the Earl of Zetland, and he also lived in com- parative seclusion for a time, but did not long survive the catastrophe, as he died at Leslie on 10 December 1767. He married, first, at London, 25 May 1741 (marriage-contract 23 March 1741), Hannah, daughter and co-heiress of Matthew Howard of Hackney, co. Middlesex. She died suddenly in Dublin 26 April 1761, and the Earl married, secondly, at Tyninghame, on 27 June 1763, Mary Lloyd, daughter of Gresham Lloyd and his wife Mary Holt, who had married, as her second husband, Thomas, seventh Earl of Haddington. She died, 14 January 1820, at Exeter, having married, secondly, on 24 May 1770, Bennet Langton of Langton, co. Lincoln, with numerous issue. By his first wife only the Earl had issue : — 1. JOHN, who succeeded as tenth Earl of Rothes. 2. Charles, who died 18 August 1762, aged fifteen. 3. JANE ELIZABETH, who became Countess of Rothes. 4. Mary, born 29 August 1753 ; married, at Esher, 5 November 1770, to William Charles, third Earl of Portmore, and died at Kedlestone 21 March 1799, leaving issue. XI. JOHN, tenth Earl of Rothes, who succeeded, was born in London 19 October 1744. He was served heir of entail to his father in terms of the entail of 1 January 1684. Nothing is recorded of this Earl except that he held an ensign's commission in his father's regiment, the 3rd Regi- ment of Foot Guards. He died at the age of twenty-eight, at Leslie House, on 18 July 1773, and was succeeded by his 1 Hist, of Leslies, 130-134, where there is an account of the fire as told by an eye-witness. 2 Scots Mag., xxv. 693. LESLIE, EARL OF BOTHES 307 Bister as Countess of Rothes. He married, 4 April 1768, Jane, second daughter of Captain Thomas Maitland of Soutra, co. Haddington, but had no issue. She married, secondly, 29 September 1774, Patrick Maitland of Freugh, ninth son of Charles, sixth Earl of Lauderdale, and died shortly before 18 August 1817, leaving issue. (See that title.) XII. JANE ELIZABETH, who succeeded her brother as Countess of Rothes, was born 5 May 1750, and was served heir of entail to John, Earl of Rothes, her brother, in the earldom of Rothes and in the lordship of Leslie on 27 June 1775. Her right to the succession had been confirmed in her favour by the House of Lords on 10 May 1774, having been contested by her uncle Andrew as already stated. The Countess died in London on 2 June 1810, having been married, first, at London, on 1 January 1766, to George Ray- mond Evelyn, youngest son of William Evelyn Glanville, of St. Clere, co. Kent. He died on 23 December 1770, and she was married, secondly, at Brighton, 30 October 1772, to Sir Lucas Pepys, Bart., physician to King George in., who survived her, and died 17 June 1830. The Countess had issue by her first marriage, besides two sons who died as infants, one son, 1. GEORGE WILLIAM, afterwards eleventh Earl of Rothes. By her second marriage she had a daughter Henrietta, who was married, 29 November 1804, to William, tenth Earl of Devon, and died 16 December 1839, leaving issue, and two sons, Sir Charles Leslie and Sir Henry Leslie, who successively succeeded to their father's baronetcy, and died without issue. XIII. GEORGE WILLIAM, eleventh Earl of Rothes, eldest son of the preceding by her first husband, was born 28 March 1768, succeeded, on the death of his mother, 2 June 1810, and was served heir of entail to her on 24 August of that year. On 8 June 1813 he had a disposition from his cousin Catherine Leslie, only child of his grand-uncle Thomas, and heiress of her uncle James (p. 304, supra), of the lands of Stenton, Milndeans, and others. He died 11 February 1817, and a tablet was erected to his memory in the church of Wotton 308 LESLIE, EARL OF ROTHES by his widow. He married, first, on 24 May 1789, Hen- rietta Anne Pelham, eldest daughter of Thomas, Lord Pelham of Stanmore (afterwards Earl of Ohichester), and by her, who died at Brighton 6 December 1797,1 had issue. He married, secondly, 21 August 1798, Charlotte Julia Campbell, daughter of Colonel John Campbell of Dunoon. She died, 21 March 1846, at Shrub Hall, near Dorking. By his first marriage he had : — 1. HENRIETTA ANNE, who succeeded as Countess of Rothes. 2. Amelia. 3. Mary. And by the second marriage : — 4. Charlotte Julia, who died young at Shrub Hill, 2 January 1802. 5. Elizabeth Jane, married, 16 December 1830, to Major Augustus Wathen, of the 15th Hussars, who died 3 May 1843. She died 19 January 1861. 6. Georgiana, died 15 November 1814. XIV. HENRIETTA ANNE, who succeeded to her father on 11 February 1817, as Countess of Rothes, was born 26 March 1790, and married in 1806, George Gwyther,2 who assumed the name and arms of Leslie, and died 24 March 1829. She died 30 January 1819, leaving issue : — 1. GEORGE WILLIAM EVELYN, who succeeded. 2. Thomas Jenkins, born 29 June 1813, He became an officer in the Army, and died, without issue, 13 July 1849, having married, 25 August 1834, Honora Seward, daughter of Major Thomas Burrowes of Stradone, co. Cavan. She died 8 February 1880. 3. Henrietta Anne, born 31 October 1807 ; married, 16 November 1827, to Charles Knight Murray, barrister, and died, without issue, 14 April 1832. 4. MARY ELIZABETH, who succeeded as Countess of Rothes. 5. Anne Maria, born 19 July 1815; married, 6 January 1 Scots Mag. 2 He was a gardener, and she married him without the knowledge of her family. Till her father's death she lived with her husband in a very humble way. See Burke's Vicissitudes of Families, 2nd ser., 172. LESLIE, EARL OF ROTHES 309 1835, to Henry Hugh Oourtenay, afterwards four- teenth Earl of Devon, and died 18 February 1897, leaving issue. He died 29 January 1904. 6. Catherine Caroline, born 14 April 1817; married, 29 April 1841, to Captain John Parker, 66th Regiment, and died 11 January 1844. XV. GEORGE WILLIAM EVELYN, twelfth Earl of Rothes, born 8 November 1809; succeeded his mother on 30 July 1819, and died 10 March 1841. He married, 7 May 1831, at Malta, Louisa, third daughter of Colonel Anderson Mors- head, colonel-commandant of Engineers; she died 21 January 1836, having had issue : — 1. GEORGE WILLIAM EVELYN, who succeeded as thirteenth Earl of Rothes. 2. HENRIETTA ANDERSON MORSHEAD, who succeeded her brother. f XVI. GEORGE WILLIAM EVELYN, born 4 February 1835; succeeded his father, on 10 March 1841, as thirteenth Earl of Rothes, and died, unmarried, at Edinburgh, 2 January 1859. He was succeeded by his only sister, XVII. HENRIETTA ANDERSON MORSHEAD, as Countess of Rothes. She was born 6 February 1832, and died, without issue, 10 February 1886, having married, 22 January 1861, George Waldegrave, youngest son of William Frederick, eighth Lord Waldegrave. He, who assumed the additional name of Leslie, died 8 July 1904. Countess Henrietta was succeeded in the title and estates by her aunt, XVIII. MARY ELIZABETH, Countess of Rothes, born 9 July 1811 ; succeeded her niece on 10 February 1886. She married, on 11 August 1835, Martin E. Haworth, of the 60th Rifles, who assumed, in March 1886, the surname of Leslie, and died 2 November same year. The Countess died 19 September 1893, having had issue : — 1. Martin Leslie Leslie, born 12 March 1839, who as- sumed in 1865 the name of Leslie only. He died 22 December 1882, in the lifetime of his mother, having married, 10 June 1873, Georgina Frances, daughter 310 LESLIE, EARL OF ROTHES of Henry Studdy of Waddeton Court, Devon, by whom he had issue : — (1) NORMAN EVELYN, who succeeded his grandmother as Earl of Rothes. (2) Mary Eleanor, born 18 October 1875. (3) Mildred Emily, born 22 December 1878. (4) Georgina, born 11 December 1879 ; married, 7 November 1908, to William Blacklock Haden Corser of New Place, Horsham, Sussex, son of the late Haden Corser of the Hyde, Ingatestone, Essex. 2. Edward Courtenay, born 2 July 1840 ; married, 1 October 1890, Caroline, youngest daughter of Thomas Tregenna Biddulph, and has issue three sons and two daughters.1 3. Henry, born 19 April 1845 ; died, unmarried, 15 March 1889. 4. Lydston Horton, born 2 September 1849 ; died 16 April 1890. Married, 28 June 1881, Elizabeth Anne (died 19 June 1898), daughter of Robert Reece, by whom he had no issue. 5. Raymond Evelyn, born 11 August 1851; died, unmarried, 14 January 1897. 6. Mary Euphrasia. 7. Emily Louisa, married, 25 April 1871, James Frederick Cherry, who died in 1883, leaving issue. 8. Alice Julia, born 30 August 1843. 9. Grace, born 30 May 1854; married, 10 April 1876, John Bazley White of Wierton Grange, Maidstone, and has issue. XIX. NORMAN EVELYN, fourteenth Earl of Rothes, who succeeded his grandmother on 19 September 1893, was born 13 July 1877. A representative peer for Scotland. Married, 19 April 1900, Noelle Lucy Martha Dyer, only daughter of Thomas Dyer Edwardes of Prinknash Park, co. Gloucester. Issue : — MALCOLM GEORGE DYER-EDWARDES LESLIE, Lord Leslie, born 8 February 1902. CREATIONS. — Lord Leslie, 1445 ; Earl of Rothes, in or 1 See Burke's Peerage. LESLIE, EARL OP BOTHES 311 about 1457; regrant as Earl of Rothes, Lord Leslie and Ballinbreich, 4 July 1663; Duke of Rothes, Marquess of Ballinbreich, Earl of Leslie, Viscount of Lugtoun, Lord Auchmoutie and Oaskieberry. ARMS (recorded in Lyon Register). — Quarterly : 1st and 4th, argent, on a bend azure three buckles or, for Leslie ; 2nd and 3rd, or, a lion rampant gules surmounted of a ribbon sable, for Abernethy. OREST. — A demi-griffin proper, beaked, armed and winged or. SUPPORTERS. — Two griffins proper, beaked, winged and armed or. MOTTO. — Grip fast. [J. A.] STEWART, DUKE OF ROTHESAY EE earliest holder of this • title was David, Earl of Oarrick, eldest son of King Robert in., who was created Duke of Rothesay, in the Isle of Bute, 28 April 1398,1 the day on which his uncle Robert, Earl of Fife, was made Duke of Albany. This was the first in- troduction of the ducal dignity into Scotland. The ceremony took place at Scone, in the chapel of the monastery, and the recipients of the honour were decorated and vested 'mantellis et pileis furratis solempniter, et aliis insigniis solis Ducibus competentibus, et tradi consuetis intra missarum solempnia.' No charter conferring the title is known to have existed; so the limitation of the honour can only be inferred. Wyntoun, who was born about 1350, and was therefore a contem- porary, says that the Duke of Rothesay was '. . . Til half yat tityl ay And eftyr hym, as yet wes done, All tym ye Kingis eldeste sone, And his aire, suld be alway Be titill Dukecald of Rothesay.' 2 After the death of David, Duke of Rothesay, on 26 March 1402,3 King Robert in. is said to have granted a charter, 1 Chart. Morav. 2 Wyntoun's Cronykil, Bk. ix. cap. xix. 3 Cf. vol. i. 18. 312 STEWART, DUKE OP ROTHESAY 313 10 December 1404,1 to his next surviving son, James, after- wards King James I., of the lands of the stewartry of Scotland, including the island of Bute. There is no mention of the title of Duke of Rothesay, nor is there any record of James having enjoyed that title in the short period which elapsed between the granting of the charter and his accession to the throne. His eldest son, however, afterwards James n,, was during his father's lifetime fre- quently styled Duke of Rothesay,2 but it is worthy of note that in no known instance is his son and heir James in. ever styled by that title when heir-apparent.3 Nine years after his accession to the throne, on 27 Nov- ember 1469, an Act of Parliament * not now to be found in the records of Parliament,' says Riddell,4 * but of which authentic copies are apparently extant, declares that the 'dominium de Bute, cum castro de Rothesay, and various other lands, principibus primogenitis regum Scotie, suc- cessorum nostrorum perpetuis temporibus futuris uniantur, incorporentur, et annexentur.' This is a gift of the principality of Scotland to the eldest son of the King in all generations ; there is no specific grant, it will be ob- served, of the title of Duke of Rothesay, but from this date, down to the present time, the eldest son of the King has always enjoyed the title. [j. B. P.] 1 Wood's Douglas's Peerage, quoting Carmichael's Tracts, 103. * Exch. Rolls, 529 et seq, 3 Ibid., vi. xciii n. 4 Peerage and Constitutional Law, 263. INNES KER, DUKE OF ROXBURGHE PEERAGE article does not afford much space for an inquiry into the tradi- tional Anglo-Norman de- scent of the Kers of Altonburn, progenitors of the Border houses of Oessford and Ferniehirst, but it may be said that the name Ker is of un- questioned Scandinavian origin. It is found in the early Norse Saga of tenth-century date, in which the deeds and voyages of ' Kari 1 the Icelander are described ; l it is still borne, under easily recognised variants, in Norway and Denmark, and is found in the track of the * Northmen,' south and west. It is said to have entered England with the followers of the Conqueror, and a ' Karre ' certainly appears in the Roll of Battle Abbey,2 but that document is now generally discredited. The name is not found in Domesday Book, yet it may have come in a later immi- gration from Normandy or Brittany, in which last country it is more frequently found. But no link between the Border Kers and any particular Norman ancestor enter- ing either England or Scotland at any particular date has yet been discovered. A Robert Ker was defendant in 1 Burnt Njal, Dasent's translation. of Cleveland, ii. 168. 314 2 Battle Abbey Roll, ed. Duchess INNBS KER, DUKE OF ROXBURGHE 315 an assize of ' novel disseizin ' before the Justices of New- castle-on-Tyne, 20 June 1231,1 and the names of ' Robertus de Kari ' and ' Johannes Kir ' appear, in thirteenth-century handwriting, in the Liber Vitce of Durham.2 These seem to be the first of the name on record in England. For many years after the Conquest the name is found only in isolated instances in the public records of England or Scot- land, and not till the beginning of the fourteenth century does it become frequent. It is often found then in the Patent Rolls and other records in England as del Ker, or Carr, or Ker. In the reign of David n., 1329-1370-71, about the date 1357, when John Ker of the Forest of Ettrick acquired the lands of Altonburn, various families of Kers acquired lands in Peeblesshire, Haddingtonshire, Dumfriesshire, Lanarkshire, Stirlingshire, and in Aber- deen.3 From this it would seem that though probably of the same stock, there are many families of the name in Scotland who are not descended from the Kers of Oessford and Ferniehirst. JOHN KER, the first of the name on record in Scotland, appears under the designation of ' the hunter of Swhynhope ' as a witness to the perambulation of the bounds of Sfobo Manor, belonging to the See of Glasgow, in the reign of William the Lion, 1165-1214.4 Mr. Cosmo Innes assigns the date to 1200, but from internal evidence the Rev. James Wilson believes it to be earlier.5 RICHARD KER, the next on record, is referred to in a charter to Melrose Abbey, temp. Alexander n., 1214-49, as holding a croft and toft in the ' vill ' of Eliston in Roxburgh- shire.8 This Richard Ker is said to have been descended from William Espec, a Norman baron settled in Yorkshire in 1086, "and to have been known as Richard Fitzwilliam Carr or Ker, whose son, it is further alleged, was the father of a Ralph Ker, said to have been living in 1330, and also of John Ker of the Forest of Selkirk.7 He is, however, simply 1 Cal. Doc. Scot, i. No. 1131. » Liber Vitce, Surtees Soc., 19, 90. 3 Robertson's Index, Reign of David u., pp. 34, 45, 46, 48, 79. * Beg. f.'i>isc. Glasg., i. 89. 5 Scottish Antiquary, xvii. 105. 6 Liber de Metros, i. 2*2. T The Norman People, 300. 316 INNES KER, DUKE OP ROXBURGHE called Richard Ker in the charter referred to, and no proof of these statements is given, or apparently known. NICOL KER, designed of the county of Peebles, is the next on record on the Borders ; he signed the Ragman Roll in 1296, as did Andrew del Ker of the county of Stirling, Henry Ker of the county of Edinburgh, and William Ker of the county of Ayr. William Ker, the last named, may be the William Ker referred to in a charter of certain lands at Ardrossan, reign of Robert I., 1306-29.1 He is said to have been the ancestor of the Kers of Kersland and other West Country families of the name.2 HUGH KER appears in the Account Rolls of Ooldingham Priory, dated 1329, as a tenant in Ersilton, of the Priory.3 JOHN KER of the Forest of Selkirk, the next on record, is the first of the Kers of Altonburn, of whom came the great Border houses of Oessford and Ferniehirst. He had a charter, dated at Altonburn the Monday after the Purifi- cation of the Virgin 1357 (5 February 1357-58) from John of Ooupland (probably the captor of King David 11. at the battle of Neville's Cross in 1346, and perhaps the same person designed * our sheriff ' by Edward in. in confirming a donation to the church of St. James in Roxburgh, May 1354 4), 'granting and confirming to John Kerre of the Forest of Selkirk all his lands and tenements with their pertinents in Altonburn, which the granter held by the gift and inf eoffment of Adam of Roule ; to be held to the said John Kerre in fee and heritage,' etc.5 A few months later * John Kerre of the Forest of Eteryk ' had a charter from William of Blakdene, son and heir of Christian of Blakdene, granting to him and Mariota, his wife, all lands and tene- ments which had descended to the granter after the decease of his late mother, the said Christian, in the towns of Molle and Altonburn, within the regality of Sprouston. Dated at Altonburn, the Thursday next after the Feast of St. Michael the Archangel, 1358 (4 October 1358).6 John 1 Reg. Mag. Sig., folio vol. 2, 51. 2 Herald and Genealogist, vii. 120. 3 Coldingham Priory, Surtees Soc., App. v. * Liber de Melros, ii. 393. 6 Fourteenth Rep. Hist. MSS. Com., App. iii. 8. • Ibid. INNES KER, DUKE OP ROXBURGHE 317 Ker was probably the same person as the juror John Ker, whose name occurs on various occasions in 1357 as serving in that capacity at Roxburgh, then held by the English.1 His name again appears as present on an inquisition taken at Roxburgh before Robert Tughalle, Chamberlain of Berwick, 5 October 1361.2 On 6 November 1363 King Edward in. ' of special favour ' granted his liege John Ker the custody of the lands of the late William of Rutherford in Teviotdale and of William, his son and heir, till majority, with his marriage, without disparagement, free of any * reddendo.' 3 The name of John Ker appears as witness to a charter of the manor of Lessuden to Melrose Abbey by Sir John Neville, son and heir of Ralph Neville, Lord of Raby, about 1357.4 It is not known of what family John Ker's wife came, but he is said to have had three sons : — 1. HENRY, whose son Robert is said to have carried on the Altonburn line. 2. John. 3. Robert, said to have been identical with Robert Ker, servitor of William, Earl of Douglas, who in 1358 had a safe-conduct to proceed to England.5 HENRY KER is the next on record on the Borders, but evidence of his relationship to John Ker of Altonburn is wanting. He was evidently on the patriotic side, while John Ker was distinctly in the allegiance of England, though this does not disprove even a near relationship. As Sheriff of Roxburgh he rendered his accounts at Dundee 28 March 1359, noting that he had not received the proceeds of the assize of * Prendrelath ' with pertinents, because the barony was in the allegiance of England.8 His name appears, 22 April 1361, as rendering his accounts of the col- lections made in Roxburgh towards payment of the ransom of King David n. due to England.7 He is probably iden- tical with Henry Ker, who was witness to two charters to Melrose Abbey by William, Earl of Douglas, reign of David ii., 1329-70-71." Henry Ker ' of Scotland,' probably the same person, had a safe-conduct for himself and '26 1 Cca. Doc. Scot., iil. Nos. 1636, 1641, 1670. 2 Ibid., iv. No. 62. » Ibid., No. 89. * Liber de Metros, ii. 440. 6 Herald and Genealogist, vii. 121. 8 Excheq. Bolls, i. 568. 1 Ibid., ii. 38. 8 Liber de Melros, ii. 429-431. 318 INNES KER, DUKE OF ROXBURGHE other Scots ' to travel into England in 1363.1 This safe- conduct was revoked by King Edward for ' special reasons ' 15 January 1363-64.2 JOHN KER, the next on record on the Borders, is said to have been the second son of John Ker of the Forest of Selkirk,5 but this is at variance with other statements. A John Ker certainly held the lands of Altonburn when the invasion of Scotland by Richard n. took place in 1385. It is not impossible that he was John Ker of Selkirk Forest himself. By a royal grant, dated 'Newbottle in Scotland,' 11 August 1385, King Richard n. bestowed the lands of Altonburn and Nesebit in Teviotdale, formerly held by John Ker, and now forfeited for his adhesion to * our enemies of Scotland,' with lands of other persons similarly forfeited, upon ' our liege ' John Boraille of Teviotdale.4 This John Ker is said by some authorities to have been the John Ker who was witness to Sir John Neville's charter of the manor of Lessuden to Melrose Abbey.5 ROBERT KER, designed of Altonburn, seems to be the next of the family to hold Altonburn, and is said to have been a son of Henry Ker, the Sheriff of Roxburgh. He had a charter from Archibald, fourth Earl of Douglas, of the lands of Smailholm, and other lands, to be held blench of the Earl, who was then a prisoner in England, dated 20 June 1404.' He had two sons : — 1. RICHARD, who succeeded his father. 2. ANDREW, who succeeded his brother. RICHARD KER of Altonburn, had charters of several lands from Archibald, fourth Earl of Douglas, in 1412, wherein he is designed son and heir of Robert Ker of Altonburn. He died without issue. The date of his death is usually given as 1428,7 but his name appears as witness to a sasine on 28 April 1432,8 and in the retour of his brother Andrew as his heir, it is stated that the lands of Altonburn had been in 1 Rymer's Foedera, Syll. i. 430. 2 Cal. Doc. Scot., iv. No. 97. 3 Herald and Gen., vii. 121. * Rot. Scot., ii. 75. 6 Herald and Gen., vii. 121. 6 Wood's Douglas. T Ibid. 8 Fourteenth Hep. Hist. MSB. Com., A pp. Hi. 21. INNES KBR, DUKE OF ROXBURGHE 319 the hands of the superior for three months previous to 29 April 1438, by the death of Richard Ker. It would from this appear that he died in January 1437-38.1 ANDREW KER succeeded his brother. He was, however, designed Lord of Altonburn on various occasions before Richard Ker's death. He is thus designed when, with James Ker, probably his son, he was witness to a sasine given to ' Davy of Home ' acting for Marion and Elizabeth of Lauder, co-heiresses of their late mother Katherine of Lauder, in the lands of Hownam and Swynset, 22 August 1424.2 As Andrew Ker, Lord of Altonburn, he had a charter from Archibald, fifth Earl of Douglas, confirming to him a lease made by Andrew Roule, Lord of Primside, of the lands of Primside. The lease is dated at Primside, Sunday, 4 June 1430. The charter is dated at Bothwell, 26 January 1429-30.3 The discrepancy between the dates of lease and charter may be a clerical error ; the 4 June 1413 was also a Sunday, and may be the date of lease. Andrew Ker did not long hold the lands of Primside in lease, for on 20 November 1430 he had a charter from Andrew Roule, with consent of George, his heir, granting to Ker the ten husbandlands of the Maynis lying on the south half of the town of Primside (the same lands as formerly leased). If they did not extend to ten husbandlands the deficiency was to be made up by the granter's lands on the north side of the town. The confirmation by the Earl of Douglas is dated at Ethebred- scheillis, 6 August 1432.4 On 2 January 1433-34, George Orichton of Blackness granted to Andrew Ker half of the lands of Borthwickshiels, lying within the sheriffdom of Roxburgh. There was apparently some likelihood of Andrew Ker or his heirs being disturbed in their possession of these lands by the heirs of the late Sir William Douglas of Hawthornden, for a few days after the date of the charter Stephen of Orichton of * the Oarnis ' and * James of Parkle of Lithgw ' bound themselves, should this happen, to give Andrew Ker yearly ten pounds' worth of land within the sheriffdom of Lothian, until George Orichton of Blackness 1 Fourteenth Rep. Hist. MSS. Com., App. iii. 9. 2 Twelfth Rep. Hist. MSS. Com., App. viii. 165, 166. 3 Fourteenth Rep. Hist. MSS. Com., App. iii. 21. * Ibid., 22. 320 INNES KER, DUKE OF ROXBURGHE and his heirs should pay Andrew and his heirs one hundred marks in the Abbey of Jedburgh yearly.1 Andrew Ker had thus, as the foregoing charters show, acquired consider- able property before his brother Richard's death. On the 29 April 1438 he was retoured heir of his brother Richard, in the lands of Altonburn, Wawtyswelys, and Quitebankdene, with pertinents, lying in the regality of Sprouston, valued in time of peace at £20, but now lying waste, held in capite of the chief lords of the regality in whose hands they had been for three months, by the death of Richard Ker.2 Andrew Ker had, on 4 May 1439, charters from Archibald, Earl of Douglas, granting him the lands of Primside resigned by three daughters of the late Adam Roule, and on 18 February 1439-40 the four parts of Primside resigned by the same sisters, and by a fourth sister.3 He had a charter on 20 June 1443, dated at Dunglass, by Marion Lauder, spouse of Sir Alexander Home of that Ilk, with consent of her husband, granting to him and his heirs her main lands of Hownam in fee and heritage.4 On 8 October 1444, George Orichton of Blackness granted another charter of the half lands of Borthwickshiels, as formerly granted, to be held of Sir John Lindesay of the Byres and Ohawmerlayne- Newtown, and by another writ he granted Andrew Ker the whole lands of Borthwickshiels 15 October 1444. On 17 June 1445 * Henry of Wode, chaplane,' gave his * luffit frende,' Andrew Ker, lord of Altonburn, a nineteen years' lease of his tenandry of land in Hardenwod within Borth- wickshiels.5 Andrew Ker died about Christmas 1444, as appears from the retour of his son Andrew to the lands of Primside, dated 1 March 1446-47, wherein it is stated that his father died ' about two years from Christmas last by-past.' ' The name of his wife is not on record ; he had issue, so far as known : — 1. ANDREW, his successor. 2. James, to whom his father gave a charter, with con- sent of Andrew Ker, his son and heir, of his lands of Primside, dated at Caverton 27 August 1444.7 James * Ibid., 9. 3 Ibid., 22. i Fourteenth Rep. Hist. MSS. Com., App. iii. 11, 12. 2. * Ibid., 18. 6 Ibid., 12. 6 Ibid., 23. 7 Ibid., 23. INNBS KBB, DUKE OF ROXBURGHE 321 Ker had a Crown charter of the 20 merklands of Bonyngtoun,Linlithgowshire,on 12 April 1452, wherein he is designed 'brother of Andrew Ker of Alton- burn.' l His name appears in the list of persons who had safe-conduct to accompany William, Earl of Douglas, abroad, 23 April 1451.2 He was the ancestor of the Kers of Linton. 3. Thomas, alluded to in the charter by Andrew Ker, Lord of Altonburn, to his son James, as above, as ' my 'son Thomas,' holding lands in Primside, adjacent to those granted to James.3 His name also appears in the list of persons named in the safe-conduct to William, Earl of Douglas, 23 April 1451.4 He was the ancestor of the Kers of Gateshaw. 4. Margaret, designed ' daughter of a prudent squire Andrew Ker of Altonburn,' and * pretended wife ' of George Roule, son and heir of Andrew Roule of Prim- side, who had sasine with him in the lands formerly belonging to his father in the town of Primside, now resigned by him, 28 April 1432.5 ANDREW KER of Altonburn, second of the name Andrew to hold the family lands, succeeded to a greatly increased inheritance. He was retoured heir of his father, in four parts of the whole lands of Primside, etc., in the regality of Sprouston, and 13s. 4d. of annual rent of the fifth part, which lands had been in the hands of William, Earl of Douglas, as baron of the regality, since the decease of the late Andrew Ker, about two years from Christmas by-past. Done at Newark 1 March 1446-47.9 On 28 March 1446 Andrew Ker of Altonburn had a charter by Alexander Laynge of Caverton, granting to him and his heirs his hus- bandland lying in the town and territory of Cessford, which is commonly called ' Langisland.' 7 On 20 July 1450 he had a Crown charter, confirmed 28 February 1450-51, of the land of Cattiscleuch, in the barony of Herbertshire, Stir- lingshire, forfeited by Sir Alexander Livingston.8 In the safe-conduct granted to William, Earl of Douglas, dated at 1 Reg. Mag. Sig. * Cal. Doc. Scot., iv. No. 1232. 3 Fourteenth Rep. Hist. MSS. Com., App. iii. 22. * Cal. Doc. Scot., iv. No. 1232. 6 Fourteenth Rep. Hist. MSS. Com., App. iii. 21. 6 Ibid., 23. T Ibid., 15. s Reg. Mag. Sig. VOL. VII. X 322 INNES KER, DUKE OP ROXBURGHE Westminster 9 November 1450, to pass through England to the marches of Calais and elsewhere with 86 persons, the name of Andrew Ker appears last but one on the list. In the second safe-conduct to the Earl, dated 23 April 1451, Andrew Ker of Altonburn's name appears among the squires who accompanied the Earl with his train of 100 persons, to visit Rome.1 He had a Crown charter of the King's lands in Old Roxburgh, with remainder to his heirs, 6 February 1451-52.2 He was appointed one of the conser- vators of the truce with England 18 April 1453, again in 1457, and in 1459-60.3 On 10 June 1453 he entered into a bond of manrent and mutual assurance with Sir Robert Colville of Oxnam. In the following year, 2 December 1454, he received a similar bond of manrent from a certain Thorn Robson in exchange for a grant to the said Thorn of his lands of Hownam for life.4 Further lands of the Roule family came into his hands on 12 February 1454-55, when he had sasine of his lands of Plenderleith and Hindhope, lying in the barony of Plenderleith, in Roxburghshire, resigned by the four co-heiresses of the late Andrew Roule.5 In 1456 he was tried in the Warden's Court at Selkirk, held by George, Earl of Angus, for treasonable inbringing of Englishmen into Eckford, Crailing, Grimslaw and Jed- burgh, and burning the district, but was acquitted.6 On 7 December 1457 George, Earl of Angus, entered into an agreement with his * right well beloved cousin Andrew Ker of Cessford * to the effect that the Earl should make Andrew Ker his bailie for life of his lordship of Jedburgh Forest, to have his manor of Lintalee for residence, * for which things the said Andrew is become man to the said lord during their joint lives.' 7 He appears to have been of the party of the Boyds from the time that family came into power in 1461, and may have been the Andrew Ker whose name appears in the Exchequer Rolls in 1460-63 as folding the office of Keeper of Edinburgh Castle.8 On 7 January 1564- 65 he had royal letters, granting him the ward and marriage of Robert Mow.9 He, with his eldest son Andrew, took part in carrying off the young King James in. from Lin- 1 Cal. Doc. Scot., iv. Nos. 1229, 1232. 2 Reg. Mag. Sig. * Eot. Scot., 367a, 383a, 398a. 4 Fourteenth Rep. Hist. MSS. Com., App. iii. 9, 10. 5 Ibid., 20. 6 Ibid., 10. i Ibid., 19. 8 Exch. Rolls, vi. 59; vii. 148, 211. 9 Reg. Mag. Sig. 323 lithgow to Edinburgh by the Boyds, 9 July 1466 ; but her with them, obtained the King's pardon and favour, receiving on 27 April 1467 a Crown charter of the whole lands of Cessford with all its pertinents and annexations united into the barony of Oessford, which ' barony belonged to Andrew Ker and was resigned by him into the King's hands,' to be held to the said Andrew for life, and after his decease to Walter Ker, his son, and the lawful heirs-male of his body, whom failing, to Thomas Ker and Mr. Robert Ker, brothers of Walter, and the lawful heirs-male of their bodies.1 On 20 November 1469 Andrew Ker sat in Parliament.2 This- was only two days before the forfeiture of the Boyds, and it was not till 5 March 1470-71 that he was tried as their accomplice in carrying off the King in 1466, and otherwise aiding and abetting Lord Boyd, and on other charges.1 On 5 October 1478 Andrew, Lord Gray, was pursuer in an action against him for wrongfully occupying the land of Awnay, in his barony of Broxmouth.4 In 1479-81 Andrew Ker is entered as intromitting with the fermes of Jedburgb.* He is said to have died before May 1481, but on the 8 May of that year, in the confirmation charter to his son Walter Ker of the lands of Oessford resigned by his father, a. life- rent is reserved to Andrew Ker of Oessford, and a reason- able terce to his wife Margaret Tweedie.8 He wa& certainly dead before August 1484, when his son Walter is designed of Cessford.7 He is said to have been twice married ; first, to a daughter of William Douglas of Cavers, and this receives confirmation from his son Walter being referred to in a charter by William Douglas of Cavers in 1450 as his nephew or grandson.8 He married, secondly, Margaret Tweedie of Drummelzier in Peeblesshire. She is mentioned in the charter of Cessford to him, with remainder to his sons and reservation of her terce, 5 April 1474." He had issue, of whom the two eldest sons at least were by his first wife : — 1. ANDREW, who is designed son and heir-apparent of Andrew Ker of Oessford in a remission to him, with 1 Fourteenth Rep. Hist. MSS. Com., App. iii. 17. This charter is not in the extant Register of the Great Seal. 2 Acta Parl. Scot., ii. 93a. 3 Fourteenth Rep. Hist. MSS. Com., App. iii. 27. 4 Acta Dom. Audi- torum, p. 4. 6 Exch. Rolls, ix. 162. 6 Reg. Mag. Sig. 7 Ibid. 8 Four- teenth Rep. Hist. MSS. Com., App. iii. 11. 9 Reg. Mag. Sig. 324 INNES KER, DUKE OF ROXBURGHE others concerned, for aiding and abetting Robert, Lord Boyd, in carrying off King James in. from Lin- lithgow on the 9 July 1466. The remission is dated 13 October 1466.1 He must have died shortly after, vita patris, as his next brother, Walter, appears as his father's heir-apparent in the Grown charter of Oessford 27 April 1467.2 He married Margaret, daughter of Patrick Hepburn of Hailes, and widow of Patrick, second Lord Haliburton of Dirleton. She survived Andrew Ker and married, thirdly, Archibald Forrester of Oorstorphine. (See title Forrester.) By her Andrew Ker had an only child, Margaret, who on 6 November 1479 renounced any rights she might have to the succession of Cessford in favour of her uncle Walter Ker of Caverton, and that by the advice of her nearest friends, including her mother Lady Dirleton, receiving from her uncle the sum of eight hundred merks Scots. She binds herself, in case of infringing this contract, to pay 1000 merks penalty to her uncle, the same sum to the King, and 500 merks to the work on the church and bridge of Glasgow.3 On 5 July 1483 Alexander, fourth Lord Forbes, was ordered to pay to Margaret, Lady Dirleton, who had the gift of his marriage, the sum of 2000 merks double casualty for his failure to marry her daughter Margaret Ker.4 It is said6 that she subsequently married John Home of Ersilton and Whiterigs, brother of Alexander, second Lord Home, and ancestor of the present Earl of Home. It is on record that John Home of Ersilton married a Margaret Ker, but she was daughter of James Ker of Gateshaw,6 and the later history of Margaret Ker of Cess- ford does not seem known. 2. WALTER, who succeeded to Oessford. 3. Thomas, first of Ferniehirst. His name appears second in the remainder of the Grown charter of Cessford, as above. Of him came the second great Border house of Ker. His direct heir-male and represen- tative is the present Marquess of Lothian. (See titles Jedburgh and Lothian.) 4. Mr. Robert, Abbot of Kelso. Under the designation of * Mr. Robert,' his name appears third in the Crown charter of Cessford as above, but does not appear in any of the other Cessford charters. When he became 1 Ada, Parl. Scot., ii. 185 ; Reg. Mag. Sig., 25 October 1466. 2 Four- teenth Rep. Hist. MSS. Com., App. iii. 17. 3 Ibid. * Acta Dom. Aud., 113 * Herald and Gen., vii. 124. 6 Twelfth Rep. Hist. MSS. Com., App. viii 89. INNES KER, DUKE OF ROXBURGHE 325 Abbot of Kelso is not certain, but lie held that office on 31 March 1478, when Walter Ker and his brother ' the Abbot of Kelso ' were sent by King James with Lyon King of Arms to escort from the Tweed to his presence the bearer of an instalment of the Princess Cecilia's dowry.1 He sat as one of the Lords Auditors in Parliament. He was dead before 24 June 1505, on which date Thomas Brown, Vicar of Caldorclere, had a confirmation of his endowment of a perpetual cele- brant at the altar of St. Duthac, in Kelso Abbey, for the benefit of the souls of Robert, Abbot of Kelso, and Sir Robert Ker.2 5. William, whose name appears as brother-german to Walter and Thomas Ker, third in the remainder of the Crown charter of Cessford, 5 April 1474.3 He was tenant in part of the King's lands of Yair in 1469,4 and his name and that of his son appear in the accounts of the Ward of Yarrow, year after year, as tenants in Yair and in Williamhope.5 On 16 April 1504 William Ker of Yair had a confirmation charter of the lands of Merton with their fishery on the Tweed, etc., sold to him by Sir Alexander Lauder of Halton.8 On 21 April 1505 he had a grant from King James iv. of the lands of Bottis, Hadirlee, and others described in the burgh and liberty of Selkirk, with the offices of Coroner and Serjeant of the county of Selkirk.7 He had on 7 December 1507 another Crown charter of other lands, and territory of Boithill, co. Peebles.8 His descendants occupied Yair for some generations, and are the * race of ye Hous of Zair ' who lie in Melrose Abbey. 6. Ralph, whose name appears fourth in the remainder of the Crown charter of Cessford of 1474, as brother- german to Walter, Thomas, and William Ker. In 1484-86 he had a tack of the * east stede ' of Gild- house in Yarrow, with the consent of his brother Walter Ker of Cessford.9 He is said to have been the ancestor of the Kers of Greenhead.10 1 Cat. Doc. Scot., iv. No. 1452. 2 Beg. Mag. Sig. 3 Ibid. 4 Exch. Rolls, vii. 621. 5 Ibid. 6 Reg. Mag. Sig. 7 Ibid. 8 Ibid. ° Exch. Rolls, ix. 607, 616. 1° Herald and Gen., vi. 231. INNES KER, DUKE OF BOXBURGHE 7. Margaret, who was married, first, to Sir James San- dilands of Oalder, as his second wife. They had a confirmation charter of the lands of Erthbissate, etc., the lands of Slamannan and Bannockburn, 14 July 1489, with the right of patronage to the Church of St. Laurence and Chapel of St. Ninian, in the burgh of Stirling.1 Margaret Ker survived her first husband, and was married, secondly, again as a second wife, to William Hay, Earl of Erroll, Constable of Scotland, before 17 May 1509.2 WALTER KER of Caverton, second but eldest surviving son of Andrew Ker of Altonburn and Oessford, succeeded his father some time after 8 May 1481 .3 As Walter Ker, 'scutifer,' he witnessed a charter of John, Lord Hali- burton, 30 December 1449.4 He had a charter from William Douglas, Lord of Cavers, 4 August 1450, granting to his nephew or grandson Walter Ker, son of Andrew Ker, his whole lands of Blackpule.5 The name of Walter Ker comes first in the remainder of the Crown charter of Oess- ford granted to his father, Andrew Ker, 27 April 1467.8 He is designed son and apparent heir of Andrew Ker of Oess- ford in an acknowledgment by Henry Wardlaw of Torry of the sum of 240 merks, received for his lands of Hownam from Walter Ker, 20 May 1468.7 On 14 May 1471 a pre- cept of sasine was granted by John, Lord Lindsay, for the infeftment of Walter Ker, son and apparent heir of Andrew Ker of Oessford, in the lands of Borthwickshiels and Hardenwode.8 He had a charter, 15 May 1571, on the resignation of his father, of the lands of Hindhope from William, Lord Abernethy, to be held to him, whom failing, to his brothers Thomas, William, and Ralph Ker, and the heirs-male of their bodies respectively in suc- cession.9 On 31 May 1473 he had a Crown charter to him and his heirs of the third part of the lands of Caverton, resigned by John Fotheringham.10 He had a charter of the barony and castle of Oessford, including the lands of the 1 Reg. Mag. Sig. 2 Ibid., 7 July 1509. 3 He is erroneously designed Sir "Walter Ker in the Lothian article, ante, vol. v. 452. 4 Reg. Mag. Sig. 6 Fourteenth Rep. Hist. MSS. Com., App. iii. 11. 6 Ibid., 17. 7 Ibid., 18. 8 Ibid., 13. 9 Ibid., 21. 10 Reg. Mag. Sig. INNBS KER, DUKE OF ROXBURGHE 327 barony of Auld Roxburgh, the lands of Altonburn and Prymside, etc., with 18 husbandlands in the * vill ' and terri- tory of Smailholm, with remainder to his brothers Thomas, William, and Ralph, and the lawful heirs-male of their bodies respectively, failing whom, to the heirs whatsoever of the said Andrew, on the resignation of his father, 5 April 1474.1 Walter Ker, designed of Oaverton, and Lord of Hownam, founded and endowed from these lands, on 5 December 1475, a perpetual chaplaincy at the altar of St. Katherine the Virgin within the monastery church of Kelso for the soul of the late King James u., for his own soul, etc. This chaplaincy he further, on 20 October 1488, endowed from his lands of Auld Roxburgh, when he had become Laird of Oessford.2 His charter was confirmed by King James iv. 20 November 1488.3 He was appointed, on 31 March 1478, to accompany his brother the Abbot of Kelso, Lyon King of Arms, and others, as escort to the almoner of King Edward iv. from the Tweed to the presence of King James in.4 On 1 October 1478 Robert, Abbot of Kelso, conferred upon Walter Ker, for his services, and specially in recompense for his gift to the Abbey of fuel from the moor of Oaverton for the Abbey, the offices of Justiciar and Bailie of the whole lands of the barony of Kelso, and of the lands and lordships of Sprouston and Redden, of the barony of Bowden, and other lands of the Abbey in Roxburghshire, Berwickshire, Edinburgh, and in the Constabulary of Haddington, with a fee of £10 Scots yearly from the lands of Bowden, to be held to the said Walter Ker, failing whom, to his brothers Thomas, William, and Ralph, and to the heirs-male of the body of each in succession.5 Walter Ker had, on 8 May 1481, a second charter of the barony and castle of Oessford, etc.6 On 7 August 1484 Walter Ker, now of Oessford, had a charter from King James in. of the 20-merk lands of Oaverton, forfeited by Robert, Lord Boyd.7 He was one of the Commissioners for settling Border disputes with the English of the East and Middle Marches, 22 September 1484.8 The name of 1 Reg. Mag. Sig. 2 Fourteenth Rep. Hist. MSS. Com., App. iii. 14. 3 Reg. Mag. Sig. * Cal. Doc. Scot., iv. No. 1452. 5 Fourteenth Rep. Hist. MSS. Com., App. iii. 19. 6 Reg. Mag. Sig. 7 Ibid. * Syll. Rymer's Fcedera, 441. 328 INNES KBR, DUKE OF ROXBURGHE Walter Ker of Cessford does not appear prominently in the civil troubles of the next four years in Scotland, but the side he took may be inferred from the date and wording of the Crown charter granted to him by King James iv. 3 August 1488,1 for the singular favour borne him by the King, and in reward for eminent services, of the castle of Roxburgh, and the right of patronage of the Hospital of the Maison Dieu of Roxburgh, a grant repeated on 20 February 1499-1500.2 He was tenan in this reign, as he had been in the previous reign, of Bourhope and Eststeid, of Windydurris in Ettrick Forest, and was allowed to receive the petty customs of Jedburgh.3 He was one of the Scots Commissioners who signed a three-years' truce with Eng- land at Coldstream 23 October 1488,4 and one of King James iv.'s ambassadors to England, who had safe-conduct and protection for three months 22 October 1491. 5 He had a Crown charter, to him and his heirs whatsoever, of the third part of the lands of Caverton, resigned by John Hun- dolee, 7 January 1491-92.6 He sat in Parliament 6 February 1491-92,7 and on 17 October 1492 was appointed one of the Scots Commissioners to treat for a prorogation of truce, and was again an envoy to England 28 July 1493.8 On 13 March 1493-94 Walter Ker of Cessford had a Crown charter of the lands of the barony of Oessford, resigned by William Cockburn of Strivlyne.9 On 6 November 1500 King James iv. confirmed a charter by which Walter Ker of Cessford, Lord of Oaverton, founded and endowed a per- petual chaplaincy in the chapel of Caverton, from his lands of Oaverton, for the benefit of the body and soul of the King, of his own soul, and the soul of his son Sir Robert Ker, lately deceased.10 He was apparently Warden of the Middle Marches after the death of his son Sir Robert Ker, who had held that office, as his fee as Warden was paid 1501-2,11 and he must have acted on different occasions in that capacity, as the fee of the Earl of Both well, then Warden of the Marches, was paid to him in 1490 and 1492.12 He is said to have died on the Festival 1 The battle of Sauchieburn had been fought 11 June 1488. 2 Reg. Mag. Sig. s Exch. Rolls, Pref. x. xliv. 4 Col. Doc. Scot., iv. 1545. 6 Ibid., 1577. 6 Reg. Mag. Sig. ~ Acta Part. Scot., ii. 2294. 8 Cal. Doc. Scot., iv. 1585, 1593. 9 Reg. Mag. Sig. 10 Ibid. u Exch. Rolls, xii. 35. 12 Ibid., x. 163, 344. INNES KER, DUKE OF ROXBURGHE 329 of St. Katherine the Virgin, 25 November 1501. He is said to have married, first, Isabel, daughter of John, Lord Hay of Yester, but the dates will not admit of this, and the name of his first wife is uncertain ; ' secondly, after 1487,2 Agnes Orichton, daughter of William, Lord Orich- ton, Chancellor of Scotland, and widow of Alexander, Lord Glamis. It is probable, judging from dates, that Walter Ker's children were by his first marriage. He had issue : — 1. SIB ROBERT KER of Caverton, who, as Robert Ker, younger of Cessford, was joint tenant with his father in Bourhope, and in Eststeid of Windydurris in 1484.3 He is designed in a Crown charter by King James iv. his ' familiaris miles,' son and apparent heir of Walter Ker of Cessford, to whom and to his heirs he granted the knoll or mote commonly called Lowislaw, and three acres of the dominical land of Haldane, surrounding the said Lowislaw, with the patronage of the parish church of Yetham, and the superiority of the tenandry land of Kirkyetham, in the barony of Haldane, Roxburghshire, resigned by William Haldane of that Ilk, 18 February 1490-91.4 He was one of the ambassadors from King James to King Henry vn. in 1492, from whom he received a gift of £20 at the Michaelmas term of that year.5 His office of Master of the King's Artillery must have brought him into close contact with his royal master, whose interest in that branch of his service is well known. There are entries in the Lord High Treasurer's accounts for payments to Sir Robert Ker during the year 1497 for the artillery, and in the Exchequer Rolls for spades and trowels, and for his fees, etc., in the years 1497 and 1498. He was Warden of the Middle Marches when he was killed at a March meeting across the Border by the Bastard Heron and his companions Lilburn and Starked, before 6 November 1500. He married (contract 12 February 1484) Christian Rutherfurd, 1 Herald and Gen., vii. 407, but no authority is given. 2 Reg. Mag. Sig., 5 September 1494 ; Ada Dom. Audit., 150. 3 Exch. Rolls, ix. 608, 609, 617, 620, and in following years 1488, 1490, 1492 ; Ibid., x. * Reg. Mag. Sig. 6 Cal. Doc. Scot., iv. 1584. 330 INNES KBR, DUKE OF ROXBURGHE daughter of James Rutherfurd of that Ilk. He had issue : — (1) SIR ANDREW, who succeeded to Cessford on the death of his grandfather Walter Ker. (2) George, of Fawdonside, appointed ' gentleman in the Kingis house' 30 October 1524. * He had a gift, 24 July 1526, of the ward and marriage of Walter Ker, eldest son of his late brother Andrew Ker.2 His name appears in the Crown charters of Cessford, 23 April and 21 September 1542, as next in remainder after Andrew Ker, youngest son of his late brother Sir Andrew Ker ; it is absent from the Crown charter of Cessford 12 March 1553-54, and the name of his son Andrew Ker of Fawdonside takes its place, from which his death in the interval may be inferred.3 He married Margaret, youngest of the three daughters and co- heiresses of Patrick, last Lord Haliburton of Dirleton,4 by whom he had several sons. His heir-male and representa- tive in a direct line, Sir Walter Ker of Fawdonside, became heir-male of the Kers of Cessford, on the death of Sir Mark Ker of Maudslie, last of the male line of Sir Andrew Ker of Cessford. Sir Mark died without male issue before 1663,6 and Sir Walter Ker, who had sold Fawdonside, executed deeds 11 February 1663 and 17 March 1664, ratifying the entail of the first Earl of Roxburghe, and resigning any right he might have to his estates, as heir-male and of tailzie of the Kers of Cessford.6 Nothing seems known of survivors, if any, of the Fawdonside line of Kers. 2. Mark, of Dolphingston, Maxton, and Littledean, to whom, on 26 March 1484-85, his father, Walter Ker of Cessford, assigned the ward of the lands of the late John Ainslie of Dolphingston, together with the marriages of the heir or heirs, which had been granted to Walter Ker by the King.7 He was tutor of Oessford during the minority of his nephew, Andrew Ker, son of his deceased brother, Sir Robert Ker of Caverton. He had a confirmation charter of the lands of Maxton, Roxburghshire, sold to him by Robert Colville of Ochiltree 5 July 1509." He had a charter to him and his heirs of the half lands and barony of Broxfield and others, forfeited by the late Alexander, Lord Home, 22 November 1516." His name appears in the Grown charters of Oessford 17 April and 21 September 1542, after that of his nephew George 1 Reg. Sec. Sig., i. 3310. 2 Ibid., 3451. 3 Reg. Mag. Sig. * Ibid., 1 April 1529. 6 Cf. vol. v. c Wood's Douglas, under title Roxburghe, and Herald and Gen., vii. 419. 7 Fourteenth Rep. Hist. MSS. Com., App. iii. 28. 8 Reg. Mag. Sig. 9 Ibid. 331 Ker of Fawdonside, but is absent from the charter of 12 March 1553-54, when the name of his eldest son, Sir Andrew Ker of Hirsell, who had a charter of the King's lands of Hirsell, with fishings on the Tweed, 6 October 1542, replaces it.1 He is said to have died in 1551.2 He married Marjorie Ainslie, daughter and heiress of John Ainslie of Dolphingston, by whom he had several sons. From him descended in a direct male line Major-General Walter Ker of Littledean, who on 18 June 1804 was served heir-male of Robert, first Earl of Rox- burghe, and of Harry, Lord Ker, his son. After the death of William, fourth Duke of Roxburghe, in 1805, General Ker unsuccessfully claimed the Roxburghe titles and estates, the settlement of Robert, first Earl of Roxburghe, being upheld by the Court of Session and House of Lords in favour of Sir James Innes Norcliffe, who became fifth Duke of Rox- burghe in 1812. It was, however, generally admitted that General Ker was heir-male and representative of the Kers of Oessford, an admission which presupposes the extinction of the Fawdonside branch of that house. General Ker is said to have been ruined by the long and costly litigation in pursuance of his claim. He died in Edinburgh in 1833, and was buried in the vault at Maxton. His only surviving son, Walter Forster Ker, brigade-major, 9th Regiment, died at Madras, unmarried, in 1841. 3 3. Ralph, mentioned in 1494 as brother of Sir Robert Ker of Caverton.4 4. Elizabeth, married, first (contract 12 February 1484-85), to Philip Rutherford, son and apparent heir of James Rutherford of that Ilk, for which marriage there was a papal dispensation 9 November 1485 (see title Rutherford) ; and, secondly, before 23 October 1495, to Sir Walter Scott of Buccleuch.6 Sir Walter Scott died 15 April 1504, and his widow survived him forty- four years, perishing in the burning of Gatslack Tower 1 Reg. Mag. Sig. 2 Herald and Gen., vii. 512. 3 Ibid., vii. 518, 519 ; Wood's Douglas, under title Roxburghe. * Ibid. 6 Ada Dom. Audi- torum, 400. 332 INNES KER, DUKE OP ROXBURGHE in an incursion of the English under Lord Grey 19 October 1548,1 an incursion instigated by the Kers. She was the mother of Sir Walter Scott of Buccleuch, killed by the Kers in the High Street of Edinburgh in 1552. 5. Margaret, contracted in marriage to Andrew Mac- dougal, son of Dougal Macdougal of Makerstoun, which marriage did not take place. On 3 July 1493 Walter Ker of Cessford was pursuer in an action against Dougal Macdougal for the sum of £100 for breach of the contract.2 The action was still being pursued 31 October 1495 and 21 July 1498.3 SIR ANDREW KER of Cessford, eldest son of the deceased Sir Robert Ker of Caverton, succeeded his grandfather. The date of his birth must have been after 1484. He was granted the petty customs of Jedburgh 1502-5.4 He had sasine of Huntleislands, Old Roxburgh, Bordeislands, and Oastlesteid in 1503.5 He had a confirmation charter to him and his spouse, Agnes Crichton, of lands in the * vill ' of Roxburgh, of the dominical lands of Old Roxburgh and the Oastlesteid, etc., in the usual terms, 20 February 1509-10.6 On 8 April 1510 Eststeide of Windydurris was let to Andrew Ker of Cessford, and on the same date Bour- hope, Singlee, and Ernheuch were feued to him.7 In 1511 he had sasine of Cessford, Caverton, and other lands.8 He is said to have fought at Flodden, 9 September 1513, in Lord Home's division. On that fatal field the Kers came off more happily than most Scottish families, for the only one of the name of note there slain seems to have been William Carr, who is named in a letter of Lord Dacre 9 to the Lords of Council. This fact confirms the view now taken, that the Borderers suffered comparatively little in that battle. He was one of those who signed the letter to the King of France, 15 May 1515, suggesting that Scotland should be comprehended in the treaty with England.10 In 1 Eraser's Scotts of Buccleuch i. 64. 2 Acta Dom. Auditorum, 111*. 3 Ibid., 411 ; also Acta Dom. Concilii, MS. vol. viii. f. 71, where the lady is described as Elizabeth, eldest daughter of Walter Ker. 4 Exch. Rolls, xii. 387. 6 Ibid., 712. « Reg. Mag. Sig. 7 Exch. Rolls, xiii. 651, 652. 8 Ibid., 662. 9 Caligula, Brit. Mus., Bll, printed in Raine's North Durham, vii. 10 Rymer, Fcedera, xiii. 309. 333 August 1515 he was appointed Warden of the Middle Marches by the Duke of Albany, an appointment displeasing to Lord Dacre the English Warden, who at first refused to meet him. He was assured by the Duke that Oessford was not likely to avenge his father's murder by Englishmen, to which Dacre replied that he must be content with the appointment.1 In the quarrel between Ker of Ferniehirst and the Earl of Angus over the right to hold Courts in Jed- burgh, Sir Andrew sided with Angus, either in his official capacity as Warden, or on his own private account, and in January 1520, totally defeated near Kelso Sir James Hamilton of Fynnart, who was bringing up a body of men to support Ferniehirst. On 22 January 1521, he was ap- pointed one of a commission to conclude a truce with England.2 He had sasine of the half lands of Heiton 10 May 1521.3 His castle and lands of Oessford, with most of his possessions in Teviotdale, were burnt and ravaged in the English inroads into Scotland in 1522 and 1523.4 He seems to have held the office of Cupbearer to the King at one time, as he is referred to as formerly in office in 1525.5 On 24 July 1526,6 Sir Andrew Ker, with the Earl of Angus, Lord Home, and other Border chiefs, while escorting the young King James v. to Edinburgh were attacked near Melrose by Sir Walter Scott of Branxholm, whose object was to free the King from the hands of the Douglases. In the combat that ensued the Scotts were driven back, but in their pursuit Sir Andrew Ker was killed by a spear- thrust from one of Sir Walter Scott's followers named Eliot. This led to a long and bloody feud between the Kers and Scotts, culminating in the murder of Sir Walter Scott in the High Street of Edinburgh in 1552. Sir Andrew Ker married, before 20 February 1509-10, Agnes, daughter of Sir Patrick Orichton of Cranstoun Riddell, and widow of George Sinclair, son and apparent heir of Sir Oliver Sinclair of Boslin.7 He had issue : — 1. SIR WALTER, who succeeded his father. 2. Mr. Mark, Abbot and Commendator of Newbottle, 1 Cal. Henry VII., i. 18, 20, 21, 22. » Rymer, Fasdera, xiii. 735. 3 Exch. Rolls, xv. 590. * Diurnal of Occurrents, 8 ; Jeffrey's History of Rox- burgh, iii. 333, quoting Cotton MS. ; and "Wodrow, ii. 134. 6 Exch. Rolls, xv. 203. ° Scottish Kings, Sir A. Dunbar, 229 note for date. 7 Reg. Mag. Sig. 334 INNES KEB, DUKE OF ROXBURGHE who was father of the first Earl of Lothian, and whose direct male line became extinct, on the death of his grandson, Sir Mark Ker of Maudslie, without male issue, before 1663. (See title Lothian.) 3. Andrew, referred to as brother-german of Walter Ker of Oessford by Lord Shrewsbury, writing to King Henry vm., 18 December 1544, as owning allegiance to that King at Alnwick, with other Scots,1 an allegiance he speedily forsook.2 In October 1548 Andrew Ker, at the solicitation of his brother Walter Ker of Oessford, then a prisoner in the castle of Edinburgh, as were Mark Ker and John Ker of Ferniehirst, rode to Lord Grey at Roxburgh, per- suading him to burn and harry the lands and houses of the Scotts. In the incursions that followed, Newark and Oatslack Tower were burned, in which last perished Elizabeth Ker, old Lady Buccleuch.J He signed the * Auld Band of Roxburgh ' 26 March 1551.4 His name appears in the remainder of the Crown charters of Oessford after that of his brother Mr. Mark Ker, in 1542, and in 1553, but is absent from that of 1573.5 He is said to have married Marion Pringle, widow of William Oairncross of Colmislie, and is not known to have left issue. His wife was dead in May 1560.8 4. Catherine, married to Sir John Ker of Ferniehirst. 5. Margaret, married to Sir John Home of Ooldenknows. She had a charter from him of his lands of Syndlaws in ejus pura virginitate 2 November 1524, confirmed 12 November 1537.7 SIR WALTER KER succeeded his father 24 July 1526, and being under age, his uncle, George Ker of Fawdonside, was appointed Tutor of Oessford. He had sasine of the barony of Cessford, Caverton, Old Roxburgh, Altonburn, and Oastlesteid, Roxburgh, all of which lands had been in the hands of the King for two years, 15 June 1528.8 He was Cupbearer to King James v. 1528 to 1536.9 He had sasine 1 Hamilton Papers, ii. 532. 3 Ibid., 554. 3 Eraser's Scotts of Buccleuch, i. 112, 113. * P. C. Reg., ii. 352. 5 Eeg. Mag. Sig. 6 Herald and Oen., vii. 408. T Beg. Mag. Sig. 8 Exch. Rolls, xv. 606. 9 Ibid., 459, 533, 544 ; xvi. 134, 173, 293, 347. INNES KER, DUKE OF ROXBURGHE 335 of the lands of Smailholm, Caverton, Rutherford, Hownam, and Primside in 1538.1 On 19 August 1538 Walter Ker of Oessford had a Commission of Justiciary with Robert, Lord Maxwell, for the punishment and justification of transgres- sors and delinquents within the bounds of Liddesdale and Teviotdale.2 He claimed the lands of Ernheuch and Windy durris in 1541, and was tenant of Bourhope the same year.3 He held the office of Warden of the Middle Marches before June 1541," and is designed as Warden in a letter from Rutland to Norfolk, and as having been present at a day of truce at Hexham 19 September 1542.5 He had a Crown charter to him and his heirs-male of the King's lands in Oaverton, forfeited by Robert, Lord Boyd, with remainder to Mr. Mark Ker and Andrew Ker, his brothers-german, to George Ker of Fawdonside, Mark Ker of Dolphingstoun, Gilbert Ker of Prymsydeloch, James Ker of Mersington, George Ker of Linton, and Lancelot Ker of Gateshaw, and their heirs-male in succession, 23 April 1541-42.8 He had a charter of Primside and others, co. Roxburgh, to himself, and the lawful heirs-male of his body, failing whom, with remainder as in foregoing charter, failing whom, to the nearest lawful heirs-male of the said Walter, bearing the name Ker, and the arms of the house of Cess- ford, 21 September 1542.7 He had also at the same time a novodamus of the lands and barony of Cessford.8 He was still Warden on 17 March 1542-43, when he was reported by an 'espiall' of the English Warden to be in favour of the young Queen Mary's marriage to Edward, Prince of Wales.9 He, however, signed, 24 July 1543, the 'Secret Band ' of Cardinal Beaton and others, his name coming next after that of Walter Scott of Buccleuch.10 On 22 October 1544 the Regent Arran issued a letter inhibiting Ker from holding his ' alleged ' office of Warden of the Middle Marches, accusing him of having given assistance to Archibald, Earl of Angus, and George Douglas, his brother, and of intercommuning with * oure auld inymyis of Ingland.'11 He showed his loyalty later, however, by signing a band, 4 October 1545, with other Border Papers ton 336 INNES KEB, DUKE OF ROXBURGHE lairds, agreeing to the Governor's proposal to pay 1000 horsemen for employment and defence on the Borders.1 Walter Ker of Cessford sat in the Parliament of June and August 1546, held at Edinburgh and Stirling.2 After the battle of Pinkie, 10 September 1547, he was one of those who gave in their submission to Somerset at Roxburgh.3 In October 1548 Walter Ker of Cessford, with John Ker of Ferniehirst and Mark Ker, were imprisoned in the castle of Edinburgh.4 He was knighted with Walter Scott of Buc- cleuch, John Home of Cowdenknows, and other Border gentlemen, by the Regent Arran in June 1552, during his survey of the Borders.5 On 4 October 1552 he mur- dered Sir Walter Scott of Buccleuch in the High Street of Edinburgh, an outcome of the long feud of twenty-six years, since the death of Sir Andrew Ker of Cessford in 1526. For this deed Sir Walter and his friends and followers engaged in the murder were declared rebels, but on 13 July 1553 received remission by royal letters for it, and for previous offences.6 He was appointed one of the Commissioners of Francis and Mary to treat with the English in 1559. He sat in the Reformation Par- liament of 1560, and signed the letter from the Estates of Scotland ' to move Queen Elizabeth to take the Earl of Arran for her husband.7 On 22 March 1564-65 he entered into a contract of peace and marriage with Walter Scott of Buccleuch, grandson of the murdered Sir Walter, and with his curators, binding himself and certain of his specified friends and followers, to * bury the past in oblivion and live in amity in the future,' Sir Walter Ker further binding himself to appear next day in the church of St. Giles in Edinburgh, and there upon his knees to ask God's mercy for the slaughter of Sir Walter Scott and the forgiveness of his friends, who should be present, which it was agreed by them to accept. The marriages agreed on, of which further on, did not, however, take place.8 Sir Walter Ker was Warden of the Middle Marches at the time of Queen Mary's visit to Jedburgh in September 1566.9 He was present 1 Acta ParL Scot, ii. 461. 2 Ibid., 468, 469, 471, 526, 595. 3 Patten's Exped. into Scotland. * Fraser's Scoffs of Buccleuch, i. 112. 5 Balfour's Annals, 229. 6 Eeg. Mag. Sig. ~ Acta ParL Scot., ii. 605. 8 Fraser's Scottsof Buccleuch, i. 139-142. 9 Fourteenth Hep. Hist. MSS. Com., App. iii. 34. INNES KER, DUKE OF ROXBURGHE 337 with the associated Lords at Oarberry Hill in 1567, and fought at Langside, on the King's side, 13 May 1568. In the Marian Parliament, held in Edinburgh in August 1571, he and his son and heir, William Ker, were declared for- feited.1 He sat in Parliament 4 November 1572.2 Sir Walter Ker was one of the faction against Morton who inarched to Stirling from Edinburgh 11 August 1578, with the avowed purpose of delivering the young King James from Morton's control.3 He was appointed one of the six gentlemen ' extraordinar ' of his Majesty's chamber 14 October 1580.4 He was one of those who signed, 23 August 1582, the 'Secret Band' in which the 'Ruthven Raid' originated.5 He is said to have died 1 May 1581 .6 His signature to the ' Secret Band,' more than a year later, disproves this, but he was certainly dead before 1583. He married Isabel or Isabella, daughter of Sir Andrew Ker of Ferniehirst, before 27 September 1543, on which date they had a confirmation charter in the usual terms of the lands of East Mains of Roxburgh, with the tower and fortalice of the same in the barony of Oessford, and the county of Roxburgh.7 On 23 January 1570 Sir Walter Ker of Oessford and Isabella Ker, his wife, had a confirmation charter of the lands of Halidon and Huntliewood, in the barony of Bowden and county of Roxburgh, granted to them in feu- farm by Francis, Commendator of Kelso.8 Isabella Ker, Lady Oessford, is said to have died 1 May 1585.9 By her Sir Walter Ker had issue : — 1. Sir Andrew Ker of Oaverton, who, on 12 March 1553- 54, had a charter to himself, as son and apparent heir of Sir Walter Ker of Cessford, of the lands and barony of Cessford, with castle and pertinents and other lands, to be held to the heirs-male of the said Andrew, whom failing, to the heirs-male of Sir Walter, whom failing, to Mr. Mark Ker, brother of the said Walter, to Andrew Ker, brother of the same, to Andrew Ker of Fawdonside, to Sir Andrew Ker of Hirsell, to Gilbert Ker of Primsideloch, to James Ker of Mer- sington, to George Ker of Linton, to George Ker of 1 Diurnal of Occurrents, 243. - Acta Parl. Scot., iii. 77. 3 P. C. Reg., iii. 22 ?i. * Ibid., 323. 6 Ibid., 507 n. « Herald and Gen., vii. 409. 7 Reg. Mag. Sig. 8 Ibid. 9 Herald and Gen., vii- 409. VOL. VII. 338 INNES KER, DUKE OF ROXBURGHE Gateshaw, and their heirs-male successively, whom failing, to the nearest lawful heirs-male of the said Andrew, bearing the name and the arms of the house of Oessford, with the usual clauses of liferent and terce.1 A second charter of the same date confirmed to Andrew the 20-merk lands of Boydislands, in the same terms as the first charter, and a third charter confirmed to him, in the same terms, the lands of Prim- side, Hownam, and Smailholm.2 On 21 May 1562 Sir Walter Ker of Cessford and Sir Andrew Ker of Oaverton appeared before the Lords of Council and bound themselves to refrain from entering the house of Ancrum, or to trouble the Earl of Bothwell or his tenants.3 The father and son again appear before the Queen and Council 10 August 1562, with Thomas Ker of Ferniehirst and the heads of the Ker families, and promised to submit themselves to arbiters in the matter of the slaughter of the late Sir Walter Scott of Branxholm.4 Sir Andrew Ker of Caverton is said to have been contracted in marriage to Elizabeth, daughter of Sir James Douglas, 19 February 1556.5 He died vita patrt's, without lawful male issue, before 3 March 1563-64, on which date his brother William is designed in his marriage-contract ' eldest son in life ' of Sir Walter Ker of Cessford, Knight. It does not appear that he married, but he had certainly two daughters, probably illegitimate, of whom his mother Dame Isabel Ker was tutrix. On their behalf she appeared before the Privy Council on 10 November 1566, complaining that 27 oxen lent by her to the late William Ker, Commendator of Kelso, being the only provision left by the late Andrew Ker of Caverton, Knight, to his daughters Grizel and Bessie Ker, were withheld by the Queen's Chamberlain of the Abbey. The Chamberlain was ordered by the Queen to pay to Dame Isabel, on behalf of the said pupils, ten merks each for 25 oxen.' 2. WILLIAM, who succeeded his father. 3. Thomas, who had a pension of £443, 6s. 8cl., 'given 1 Reg. Mag. Sig. 2 Ibid. 3 P. C. Reg., i. 206. * Ibid., 215. 6 Herald and Gen., vii. 409. 6 P. C. Reg., i. 493. INNES KER, DUKE OF ROXBUBGHE 339 f urth out of Kelso ' (with other pensions) * be the quene's grace, without the consent of the Abbot or Convent.' l He was contracted in marriage in March 1564-65 to Elizabeth Scott, sister of Walter Scott and granddaughter of the murdered Sir Walter Scott, the lady to have no * tocher,' but the contract was never completed; and in October 1567, in conse- quence of the delay, Sir Walter Ker, in the presence of a notary public and witnesses, was reminded of the contract by Thomas Scott of Haining, and asked if he meant to carry it out. He admitted the agree- ment, and promised to fulfil it ; but this was not done, and the lady subsequently married John Oarmichael of Meadowflat.2 It does not appear that Thomas Ker married, or if married, that he left issue, and his name does not appear in the Grown charter of Cessford of 1573. 4. Agnes, married to John Edmonston, younger of that Ilk. On 8 December 1558 she had a charter in im- plement of her marriage-contract of the lands of Ryslaw.3 5. Isabel, married, as his second wife, to John Ruther- furd of Hunthill.4 6. Margaret, married, before 1558, to Alexander, fifth Lord Home, whom she predeceased. (See that title.) WILLIAM KER, second surviving son of Sir Walter, suc- ceeded his father between 1581 and 15 May 1583. He is on one or two occasions designed Sir William Ker, but there is no evidence of his having received knighthood. He was appointed Commissioner for Musters 5 March 1573-74.5 He is designed ' Sir ' William Ker of Cessford on 15 May 1583, when he and the two other Wardens, Lord Home and John Johnstone of that Ilk, were forbidden to go out of the bounds of their respective wardenries without permission in writing from the King.8 He was probably concerned in 1 Fourteenth Rep. Hist. MSS. Com., App. iii. 40. 2 Fraser's Scotts of Buccleuch, i. 140. 3 Confirmed 7 (sic) December 1558; Beg. Mag. Sig. 4 Rutherfurds of that Ilk, ii. Ixxxvii. 6 Ada Parl. Scot., iii. 92. 6 P. C. Reg., iii. 568. 340 the Ruthven Raid, for on 8 March 1584-85 as * late Warden of the Middle Marches,' being in ward, he was ordered to cause Robert Menteith, 'his warden clerk, to deliver up the books and rollis ' of his office of wardenry, and to appoint some gentleman of his kin to be answerable for his men and tenants while he was in ward.1 He was one of those who joined the Banished Lords at Kelso, on their return to Scotland, and marched with them to Stirling, successfully overthrowing Arran's government 4 November 1585.2 He was restored to the King's favour 10 December 1585,* and on 31 January 1585-86 appears again as Warden of the Middle Marches, receiving an order to hold a Justice Court in the Tolbooth of Jedburgh.4 He was appointed, 20 July 1587, as a Commissioner to treat for the defence of the realm in time of war.5 After the general revocation of grants, he had a Crown charter, dated 16 August 1587, of the lands and barony of Ormiston, with 20 merklands of Maxton in liferent, and to his second son Mark in fee, with remainder to the lawful heirs-male of the body of the said Mark, failing whom, to his own heirs-male and assignees whatsoever.6 He had a confirmation charter, 8 April 1588, of a long list of lands in East Teviotdale, and of lands formerly pertaining to the archdeanery of Teviotdale in the county of Roxburgh, all of which lands resigned by himself were, with the ecclesiastical lands of Lilliesleaf, united into the free barony of Roxburghe, to him in feu farm, and to the lawful heirs-male of his body, whom fail- ing, to his nearest lawful heirs-male whatsoever bearing the name and arms of Ker.7 He had another charter of the lands and barony of Ormiston, in the same terms as pre- viously, 24 January 1591-92.8 In the Great Seal Register his name appears as holding the office of Warden of the Middle Marches 1587-92, and again in 1595.9 He had a charter of the lands and vills of Bourhoip, Singill, Erneheuch, and Windydurris, in the lordship of Ettrick Forest, Selkirk, in feu farm, united into the free barony of Erneheuch, to himself and the lawful heirs-male of his body, failing whom, to his nearest lawful heirs-male whatsoever, bearing the i P. C. Reg., iii. 72. 2 Ibid., v. 27 n. 3 Acta Parl. Scot., iii. 381 * P. C. Reg.,\vAo. 6 Acta Parl. Scot., iii. 517. 6 Reg. Mag. Sig. 7 Ibid. 8 Ibid. 9 Ibid. INNES KBR, DUKE OF ROXBURGHE 341 name and arms of Ker 20 July 1595.1 William Ker died in February 1600, that date being given in the retour of in- quest of his son Sir Robert Ker in the lands of Graden 3 June 1600.2 He married (contract 3 March 1563-64 3) Janet, daughter of Sir James Douglas of Drumlanrig, and widow of James Tweedie of Drummelzier. (See title Queensberry.) By her William Ker had issue : — 1. SIR ROBERT KBR, afterwards first Earl of Roxburghe. 2. Sir Mark of Ormiston, who died without issue in Sep- tember 1603. His brother, Lord Roxburghe, was served heir to him in the barony of Ormiston 24 April 1606.4 3. Margaret, married (contract 1 October 1586) to Walter, first Lord Scott of Buccleuch.5 4. Elizabeth, married, 21 April 1601, to Sir James Bellen- den of Broughton,6 by whom she was the mother of the first Lord Bellenden, on whose death, without issue, his title and estates passed by settlement to John, fourth son of the second Earl of Roxburghe. (See title Bellenden.) I. SIR ROBERT KER, afterwards first Baron, and first. Earl of Roxburghe, succeeded, on the death of his father, in Feb- ruary 1600, to Altonburn, Cessford, and other family estates, and was the last direct heir-male of his line who held them. He is said to have been born about 1570, having made his first appearance in public in the year 1585 at the raid of Stirling, being then about fifteen years of age, ' thither he went with others of the nobility to rescue the King out of the hands of those who had his ear.' ' He is, however, first mentioned in the two Crown charters of Caverton and Cessford 22 Marc.li 1573-74. By the first charter the King granted to him as son and heir-apparent of William Ker, younger of Cessford, the 20-merk lands of Caverton called Boydislands, to be held to the said Robert and the heirs- male of his body, failing whom, to the heirs-male of the body of the said William, failing whom, to the heirs-male of 1 Reg. Mag. Sig. 2 Fourteenth Rep. Hist. MSS. Com., App. iii. 18. 3 Fifteenth Rep. Hist. MSS. Com., viii. 25. 4 Retours, Roxburgh, 35. 6 Eraser's Scotts of Buccleuch. 6 Border Papers, ii. 744. 7 Stagger-ing State, 112. 342 INNES KER, DUKE OP BOXBURGHE the body of Walter Ker of Oessford, Knight, failing whom, to Mr. Mark Ker, Commendator of Newbattle, brother of the said Walter, Andrew Ker of Fawdonsyde, Walter Ker of Hirsell, Gilbert Ker of Prymsydloch, Thomas Ker of Mersington, George Ker of Linton, and to Ker of Gate- shaw, and the lawful heirs-male of their bodies in succes- sion, failing whom, to the nearest and lawful heirs-male of the said William bearing the name of Ker and the arms of Oessford. By the second charter the King granted to Robert Ker and the same series of heirs the lands and barony of Cessford and others, which William resigned, reserving in both charters the liferent to Walter Ker, and a terce to his spouse Isobel, with liferent to William after the decease of the said Walter, and a terce to his spouse Janet Douglas.1 He was knighted at the coronation of Queen Anna in May 1590. In December 1590 he murdered by night, in the streets of Edinburgh, William Ker of Ancrum, a leading member of the rival house of Ferniehirst. For this he and his accom- plices were denounced, and their goods escheated. He retired into England for a time, but on 18 November 1591 he and his nine accomplices received a remission under the Great Seal,2 due, it is said, to the influence of the Chan- cellor Thirlestane, whose niece was Sir Robert's wife. It was not, however, till the end of 1607 that the feud be- tween Sir Robert Ker (then Lord Roxburghe) and the representatives of the murdered man was settled, by a humble apology from Lord Roxbuf ghe, and a payment by him of 10,000 merks, followed by a 'Letter of Slains' subscribed by the Kers of Ancrum.3 On 15 and 24 January 1591-92 Sir Robert had a Crown charter of the lands, mains, and fortalice of Sprouston and others, part of the forfeited estates of Francis, Earl of Bothwell.4 He was admitted to the Privy Council 24 May 1599.5 He seems, during his father's lifetime, to have performed the duties of Warden of the Middle Marches, though his father held the patent.6 In conjunction with his brother-in-law Buccleuch he har- assed the English Wardens year after year by raids and outrages in England, but at last, failing to deliver pledges 1 Reg. Mag. Sig. * Ibid. 3 Fourteenth Hep. Hist. MSS. Com., App. iii. 31, 32, 33. * Reg. Mag. Sig. * P. C. Reg., v. 557. 6 Border Papers, ii. 90. INNES KBR, DUKE OF ROXBURGHE 343 for maintaining quiet on the Borders, he had to surrender to Sir Robert Carey at Berwick 14 February 1597-98.1 He was subsequently sent to the keeping of the Archbishop of York, but was released before 3 June 1598.2 The date of his creation as LORD ROXBURGHE is given by some authorities as 29 December 1599, but in his retour of inquest in the lands of Graden, 3 June 1600, he is designed * Sir Robert Ker now of Oessford.' 3 The date 16 November 1600 given by Mr. Riddell is doubtless correct, as on the 28 November 1600 Lord Willoughby, writing from Berwick to Cecil, says, ' The Lord of Roxburghe's honour is accompanied with great envy.'4 On 5 August 1602 Robert, Lord Rox- burghe, Warden of the Middle Marches, had a confirmation charter of the lands of Halyden and Olarilaw, co. Rox- burgh, with the office of Bailie of Kelso Abbey.5 On the same date he had a charter of the town and lands of Kelso and other lands in the lordship of Kelso, the lands of Dow- glen, Dumfriesshire, Chapelhill in Peeblesshire, the ecclesi- astical lands of Little Newton, Nenthorn and others co. Berwick, etc., the ecclesiastical lands of Selkirk, and of Makerston, Roxburghshire, on the forfeiture of Francis, Earl of Bothwell, and which lands were erected into the barony of Sprouston.6 He accompanied King James to England in April 1603, and was one of the Commissioners to confer on a treaty of union with England, appointed by Parliament 11 July 1604.7 He had charters of Cessford Mains 30 April 1606, of the lordship of Halyden 20 De- cember 1607, and of the dominical lands of Ancrum 30 November 1613.8 On 18 September 1616 he was created EARL OF ROXBURGHE, LORD KER OF CESSFORD AND OAVERTON, with remainder to his heirs-male.9 He was chosen one of the Lords of Articles in the Parliament of 25 July 1621, and voted for the five articles of Perth.10 He was one of the Commissioners appointed to hear grievances 19 May 1623. u Lord Rox- burghe was present at the funeral of King James vi. in Westminster Abbey 7 June 1625. 12 He was appointed Lord 1 Border Papers, ii. 513. 2 Ibid., 518. 3 Fourteenth Rep. Hist. MSS. Com., App. iii. 18. 4 Border Papers, ii. 714. See also Hist. MSS. Com., Hatfield House Papers, pt. x. 390. 6 Reg. Mag. Sig. 6 Ibid. 7 P. C. Reg., vii. 5n. 8 Reg. Mag. Sig. g Roxburghe Peerage Case, 12. 10 Calder- wood's Hist., vi. 263. " Ibid., 576. 12 Balfour's Annals ii. 118. 344 INNBS KBR, DUKE OF ROXBURGHE Privy Seal in 1637, an office for which ' he had no learning, albeit all writs directed to him as privy seal are in Latin.' l He was present in Edinburgh 23 July 1637 when the riot took place in St. Giles' Church, and he was subsequently commissioned by King Charles I. to convene the council at Linlithgow 7 September 1637.2 He was with the King in 1639, in his camp near Berwick, returning home after the 4 Pacification ' signed there. After the death of his only surviving son Harry, Lord Ker, without male issue, he resigned his honours and estates to the Crown, 17 July 1643,3 and obtained a novodamus thereof,4 to him and the heirs-male of his body, whom failing, to the heirs and assignees nominated by him. He made a nomination accordingly 22 March 1644, but this being defective, he obtained a new charter under the Great Seal 31 July 1646,5 when he executed a valid nomination, 23 February 1648, in favour, first, of his grandson by his eldest daughter, Sir William Drummond, youngest son of John, Earl of Perth, and his issue in tail male by * his spouse under mentioned ' ; secondly, of his great-grandsons in like manner, second and other younger sons of Jane, sister of the said William Drummond, by John, Lord Fleming, afterwards, 1650, third Earl of Wigtoun. In each case it was provided by the granter that the said nominee should marry Jean, eldest daughter of the granter's late son, Harry, styled Lord Ker, as soon as she was marriageable, or, failing her, Anna, Margaret, or Sophia, daughters^ of Harry Ker, and the heirs-male of her and any gentleman of good standing she might marry, the second, third, or fourth and youngest daughters of the said Harry, Lord Ker, whom failing, to the eldest daughter of the said umquhile Harry, Lord Ker, without division, and their heirs-male, whom failing — fourthly, to his own heirs-male whatsoever.6 This charter was ratified by Act of Parliament 20 May 1648. Lord Roxburghe, then an old man, took little active part in the political and religious conflicts in Scotland after 1641. He retained his office as Lord Privy Seal till 13 February 1649, 1 Staggering State, 113 ; this fling was no doubt enjoyed by its writer, a good Latinist. 2 Balfour's Annals, ii. 118. 8 Roxburghe Peerage Case, 13-17. * Prob. of N. Instrument 26 Feb. 1644 [18]. 5 Roxburghe Peerage Case, 22, 23. « Ibid., 35-45. INNES KER, DUKE OF ROXBURGHE 345 when he was deprived thereof by order of Parliament for supporting the ' Engagement ' for the rescue of King Charles I. He died 18 January 1650, ' at his house of the Flowris near Kelso, and was solemnly enterred at Bowdoun Church 20 March following.' l The estates he inherited were greatly increased during his lifetime by many grants of lands, besides those already named.2 The Earl of Rox- burghe married, first, Margaret, only daughter of William Maitland of Lethington, Queen Mary's famous Secretary, by his second marriage to Mary Fleming (' the flower of the Queen's Maries '), daughter of Malcolm, third Lord Fleming. She had a charter of the barony and castle of Cessford in liferent, in terms of her marriage-contract to * Robert Ker, feuar of Cessford,' registered 27 and 31 October 1587.3 The marriage took place ' att Newbottle, hys uncle's howse,' 5 December 1587, and the next day ' the Kynge sentt for him and commytted him to Edenburro Castell.' Robert Ker had shortly before, with Buecleuch, made a raid into Eng- land of a very outrageous nature.4 By his first wife the Earl of Roxburghe had issue : — 1. William, Master of Roxburghe, styled Lord Ker after 1616 ; Commendator of Kelso Abbey till 5 August 1602, when he resigned the temporalities and spiritualities of the Abbey into the hands of his father, to whom they were granted by Crown charter. He graduated at the University of Edin- burgh 28 July 1610. He had a charter of the lands of Kelso Abbey, etc., resigned by his father, with reservation of liferent to him and his heirs-male and assignees whatsoever, 12 June 1614. He died vita patris, and unmarried, while travelling in France, before 19 August 1618, when his half-brother Harry is styled Lord Ker in a charter. He is said to have been of * great expectations.' 5 2. Jean, married (contract 4 and 28 August 1613 8) to John, second Earl of Perth, and had issue : — (1) Henry, Lord Drummond, who died s.p. 1 Balfour's Annals, iv. 7. 2 Reg. Mag. Sig., passim. 3 Ibid., 8 April 1588. i Border Papers, i. 294, Hunsdon to Burghly. 6 Staggering State, 112, 113. « Beg. Mag. Sig. 346 INNES KER, DUKE OF ROXBURGHE (2) James, third Earl of Perth, ancestor of the titular Dukes of Perth, and of the Earls of Perth, and Melfort. (3) Robert, died without issue. (4) Sir John Drummond of Logiealmond, ancestor of Sir "William Drummond of Logiealmond, who after the death of the fourth Duke of Roxburghe in 1805 presented a petition to the King, claiming the title and dignity of Duke and Earl of Roxburghe, which was referred to the House of Lords 13 July 1806. (5) WILLIAM, second Earl of Roxburghe. (6) Jane, married to John, third Earl of Wigtoun, on whose second and younger sons in succession the title and estates of Roxburghe were settled by their great-grandfather, Robert, Earl of Roxburghe, on failure of male heirs to their uncle William as above. The whole issue male of the said Jane became extinct on the death of the seventh Earl of Wigtoun 26 May 1747. (7) Lilias, married to John, third Earl of Tullibardine. 3. Isabel, married (contract 4 August 1618 ') to James Scrymgeour, second Viscount of Dudhope, who died 23 July 1644 from the effects of wounds received at the battle of Marston Moor 1644. 4. Mary, married, first, to James Halyburton of Pitcur ; secondly (contract 18 and 21 February 1629), to James, second Earl of Southesk, with 24,000 merks tocher, and died at Leuchars in April 1650.2 The Earl of Roxburghe married, secondly (contract 10 January 1614 3), Jean, third daughter of Patrick Drummond, Lord Drummond, by Elizabeth, daughter of David Lindsay, Earl of Crawford, and sister of his son-in-law, the Earl of Perth. Her marriage to Lord Roxburghe took place at Somerset House. She was governess to the children of King James vi. till 1617, when she retired with a grant of £3000, and in 1637 had a pension of £1200 a year settled on her.4 She died 7 October 1643. Will proved 1646.5 Her funeral was the occasion of the * Banders,' who met at Kelso for the ceremony, being ready to join Prince Rupert, but the intention miscarried.6 On 11 June 1644 Robert, Earl of Roxburghe, presented a petition to Par- liament beseeching them that they would write to their commissioners in England to deal with the Houses of Parliament there that some plate and goods of his, belong- 1 Reg. Mag. Sig., 25 November 1618. 2 Carnegies, Earls of Southesk, i. 142, 144. s Reg. Mag. Sig., 29 January 1614. 4 Complete Peerage. 6 Ibid. 6 Baillie's Letters and Journals, ii. 105. INNES KBR, DUKE OF ROXBURGHE 347 ing to his lady, kept at St. James's, might be delivered to Lord Maitland, and not be sequestrated by Parliament.1 By his second wife the Earl of Roxburghe had an only son: — 5. Harry, Lord Ker, so designed after his step-brother's death. He is first mentioned in a charter to ' Robert, Earl of Roxburghe, and his spouse, Lady Jean Drum- mond, and Harry, Lord Ker, their son,' of the tenandry of Pincartoun 19 August 1618.2 He had a charter of the barony of Primside 29 July 1625. He was with his father in the royal forces in 1639, but quitted the royal camp, and joined the Covenanters at Dunse Law. His mother, Lady Roxburghe, in a letter to Doctor Balcanquall, Dean of Durham, dated Whitehall 20 May 1639, writes of Lord Ker's un- dutiful behaviour and ingratitude to his parents in stealing away, leaving them in common opinion as 'guiltie as himself,' and hopes the Dean will continue to comfort her husband, she being unable to come to him.3 Lord Ker did not long remain with the Covenanters, as he rejoined the Royalists after his foolish challenge to the Marquess of Hamilton, for which he had to make an humble apology to the Parliament 30 September 1641. 4 ' The unruly govern- ment of his youth' is alluded to by Scotstarvet,6 and he died 1 February 1643,8 it is said, ' after ane great drink.'7 His will, dated at Broxmouth the previous day, nominates his daughters Jane, Mar- garet, and Anne Ker his co-executors, and makes provisions for his children contingent on his fourth child, then unborn, being a daughter, and appoints his father only tutor to his children.8 He married (contract 22 January and 3 February 1638) Mar- garet, only daughter of William Hay, ninth Earl of Erroll, by Anne Lyon, only daughter of Patrick, first Earl of Kinghorn. Lord Ker's widow married, secondly (contract 20 February 1644), John Kennedy, 1 Balfour's Annals, iii. 183. 2 Reg. Mag. Sig. 3 Baillie's Letters and Journals, ii. 436. 4 Ibid., i. 391 ; Acta Parl. Scot., v. 424. 6 Staggering State, 112, 113. 6 Sir Thomas Hope's Diary, 185. 7 Perth Chronicle, February 1642-43. 8 Fourteenth Eep. Hist. MSS. Com., App. iii. 33. INNES KER, DUKE OP BOXBURGHE sixth Earl of Cassillis, and died in April 1695. By her Lord Ker had issue : — (1) Jean, married to William, second Earl of Roxburghe. (2) Anne, married to John, fourth Earl of Wigtoun, by whom she had issue an only daughter Jean, married to George, third Earl of Panmure, without surviving issue. (3) Margaret, married, in 1666, to Sir James Innes, third Baronet of Innes, with issue. (4) Sophia, a posthumous child, who died unmarried. Robert, Earl of Roxburghe, married, thirdly, Isabel, fifth daughter of William Douglas, Earl of Morton, by Anne, daughter of George Keith, fifth Earl Marischal. There was no issue of this marriage. Lady Roxburghe married, secondly (contract 15 and 30 November and 2, 4, 12 and 20 December 1656), James Graham, second Marquess of Mon- trose, who was sixty years younger than her first husband. She died 16 December 1672. II. SIR WILLIAM DRUMMOND, fourth surviving son of John, second Earl of Perth, by Jean Ker, eldest daughter of Robert, first Earl of Roxburghe, succeeded under his grandfather's testament to the Roxburghe title and estates and was served his heir 2 May 1650, taking the name and arms of Ker. His marriage to Lady Jean Ker, owing to her youth, did not take place till later. He was in the military service of Holland in his youth. On his return to Scotland he joined the Royalists, and was knighted some time before 1648. He sat in Parliament 20 May 1650, and was added to the Committee of Estates 4 July 1650.1 He held the office of auditor in the household of King Charles n. while in Scotland.2 He was fined £6000 under Cromwell's Act of Grace and Pardon in 1654. He obtained in 1661 a parliamentary confirmation of the first Earl's deed of nomination of 1648, which was in 1663 and 1664 ratified by Sir Walter Ker of Fawdonsyde, then the nearest heir-male of the Cessford family.3 He married (contract 17 May 1655) his first cousin, Jean Ker, eldest daughter of Harry, Lord Ker, thus completing the conditions under which he held the title and estates. He died 2 July 1675. Issue :— 1. ROBERT, third Earl of Roxburghe. 1 Balfour's Annals, iv. 17, 74. 2 Ibid., 266. 3 Ada Parl. Scot., vii. 207. INNES KBR, DUKE OF ROXBURGHE 349 2. Harry, who died s.p. 3. William, Sheriff of Tweeddale, who died s.p. in 1684. 4. John, who succeeded his cousin Lord Bellenden, as second Lord Bellenden, and was served his heir 23 December 1671. 5. Jean, married, as his third wife, to Colin, Earl of Balcarres. III. ROBERT KER, third Earl of Roxburghe, born about 1658, was served heir-male of tailzie to his father and mother 7 October 1675.1 He was one of the Privy Council of King Charles n. He was drowned in the wreck of the Gloucester frigate off Yarmouth 8 May 1682, when coming home to Scotland in company with the Duke of York.2 His will, dated 6 March 1682, was proved in Edinburgh 29 January 1685.3 He married, 10 October 1675,4 Margaret, eldest daughter of John Hay, first Marquess of Tweeddale. His widow survived him seventy-one years, and died in her ninety-sixth year, 22 January 1753,5 at Broomlands, near Kelso. Issue : — 1. ROBERT, fourth Earl of Roxburghe. 2. JOHN, fifth Earl of Roxburghe. 3. William, a lieutenant-general in the Army in 1739, and colonel of the 7th Dragoons from 1709 till his death. He served with distinction under the Duke of Marlborough on the Continent, and was at the battle of Sheriffmuir 13 November 1715, where he was wounded and had his horse shot under him. He was appointed Groom of the Bedchamber to George, Prince of Wales, 1714. M.P. for Berwick 1710-13, 1723-27, for the Dysart burghs 1715-22. He was returned for the Montrose burghs 1722, but found not duly elected. He died unmarried 7 January 1741. 6 IV. ROBERT, fourth Earl of Roxburghe, born about 1677. Succeeded his father 8 May 1682, and was served heir- male and of entail to him in twelve counties of Scotland, and of his grandfather in the lands of Sprouston, Roxburgh- 1 Eetours, Roxburgh, 267; General, 2842-5. 2 Historical Observes, Fountainhall ed. 67, 68. 3 Edin. Tests. 4 Kelso Reg. 6 Scots Mag. 6 Ibid. 350 INNES KER, DUKE OF BOXBURGHE shire, 5 June 1684. He had a charter of resignation of the honours and estates, containing a clause of ' novodamus * 2 July 1687, to him and the lawful heirs-male of his body, which failing, to the heirs-male and of entail mentioned in the infeftment and nomination of Robert, first Earl of Roxburghe, and in the infeftment to William, second Earl. He died at Brussels while travelling abroad 13 July 1696, in his nineteenth year, unmarried. V. JOHN, fifth Earl of Roxburghe, succeeded his brother 13 July 1696, and was served heir-male and of entail to him 22 October 1696. He is described by Lockhart of Oarn- wath, by no means a friendly critic, as * a man of good sense, improved by so much reading and learning that he was perhaps the best accomplished young man of quality in Europe, and had such a charming way of expressing his thoughts, that he pleased even those against whom he spoke.' He was appointed Secretary of State for Scotland in 1704. His influence during the debates on passing the Union in 1707 was of the greatest value, and contributed greatly to its success. His services were rewarded by his being created, by patent dated at Kensington, 25 April 1707, DUKE OF ROXBURGHE, MARQUESS OF BOW- MONT AND OESSFORD, EARL OF KELSO, VISCOUNT OF BROXMOUTH, and LORD KER OF OESSFORD AND OAVERTON, with the same remainder as to these dignities as to that of the earldom of Roxburghe. His creation was the last addition to the Peerage of Scotland. He was chosen a Representative Peer of Scotland in four Parlia- ments, 1707, 1710, 1715, and 1727. He was one of the Lords of Regency before the arrival of George i., by whom he was made Keeper of the Privy Seal of Scotland 24 September 1714, and was Lord-Lieutenant of the counties of Selkirk and Roxburgh. On the breaking out of the rebellion in Scotland in 1715, he served as a volunteer under the Duke of Argyll at the battle of Sheriffmuir 13 November 1715. He was Secretary of State for Scotland 1716-25, and one of the Lords Justices during the King's absence from England 1716, 1720, and 1725, and was invested with the Order of the Garter 10 October 1722. Having opposed the measures of Walpole and Carteret, he was dismissed from the office of INNES KEB, DUKE OF ROXBURGHE 351 Secretary of State in 1725. He officiated at the coronation of George n. as deputy to the Countess of Erroll, High Constable of Scotland, after which he lived in retirement till his death at Fleurs 27 February 1741, aged sixty-one.1 He was buried at Bowden. He married, 1 January 1708, Mary, eldest daughter of Daniel Finch, second Earl of Nottingham, and widow of William Saville, Marquess of Halifax. The Duchess predeceased her second husband, dying 21 September 1718.2 Issue an only child, VI. ROBERT, second Duke of Roxburghe, who succeeded his father 27 February 1741. He was born about 1709, and was known as Marquess of Bowmont till his father's death. He was created when a boy, 24 May 1722, BARON KER OF WAKEFIELD, in the county of York, and EARL KER OF WAKEFIELD in the same county, taking his seat 13 January 1730. He died at Bath 20 August 1755, aged about forty-six, and was buried in Audley Chapel, London, 31 August.3 His will was proved in 1755. He married, 16 June 1739, his cousin Essex, eldest daughter of Sir Roger Mostyn, third Baronet of Mostyn. The Duchess died at Bowmont Lodge 7 December 1764.4 Will proved 1764. Issue :— 1. JOHN, third Duke of Roxburghe. 2. Robert, born 27 August 1747, ensign in the 1st Regi- ment of Foot Guards 1764, major 6th or Inniskillen Dragoons 1768, lieut.-colonel in same regiment 23 July 1773, was an unsuccessful candidate for Roxburgh- shire 1780, and died at Newburgh in Berkshire 20 March 1781, in the thirty-fourth year of his age. 3. Essex, born 9 March 1742, and died in infancy. 4. Essex (secunda), born 25 March 1744. 5. Mary, born 17 March 1746. These ladies were two of Queen Charlotte's bridesmaids on her marriage in 1761, and died unmarried. VII. JOHN, third Duke of Roxburghe and Earl Ker of Wakefleld, Great Britain, born in Hanover Square 23 April 1740, styled Marquess of Bowmont till he succeeded his father 23 August 1755, was a Lord of the Bedchamber, 17G7, and Groom of the Stole 30 November 1796, when he 1 Scots Mag. 2 Political State of Great Britain, xvi. 258. 3 Scots Mag. * Ibid. 352 INNBS KER, DUKE OF ROXBURGHE was sworn a Privy Councillor ; Lord-Lieutenant of Rox- burghshire 1794, K.T. 28 November 1768, F.S.A. 1797, K.G.3 June 1801, being allowed to retain the Thistle therewith. He is said to have formed an attachment, when on the Continent, to the eldest daughter of the reigning Duke of Meckleuburgh-Strelitz. She was born in 1735, but the en- gagement, if there was one, came to an end on the mar- riage of her younger sister Charlotte, in 1761, to King George in. Both parties remained unmarried. The Duke is best known as a great collector of rare books and ballads. His collection of books from the Caxton Press was famous. His library was sold in 1812, realising 5623,000. He is com- memorated by the club bearing his name, founded 24 June 1812. He died at his house in St. James's Square 19 March 1804, in the sixty-fourth year of his age, and was buried at Bowden. On his death the earldom and barony of Ker of Wakefield became extinct ; the Roxburghe titles and estates passed to his distant relation, VIII. WILLIAM BELLENDEN, Lord Bellenden of Broughton, who became fourth Duke of Roxburghe 19 March 1804, assuming the name of Ker after Bellenden. He was the son of William, third son of John, second Lord Bellenden, who was a son of William Drummond, second Earl of Rox- burghe, by his wife Jean, granddaughter of Robert, first Earl of Roxburghe, the brother of the first Lord Bellenden's mother, and daughter of Henry Ker, Lord Ker (see title Bellenden). He was baptized 20 October 1728, at Ashton- under-Hill, Gloucestershire,1 was captain 25th Regiment in 1757, and succeeded on the death of his cousin, the sixth Lord Bellenden, to that title, as seventh Lord Bellenden of Broughton, 18 October 1797. He had an annuity of £250 granted to him 2 April 1798, as Usher of Exchequer. He was in his seventy-sixth year when he succeeded to the dukedom of Roxburghe. He was served heir of tailzie in special of John, third Duke of Roxburghe, in the family estates, and completed his investitures by infeftment, but did not long enjoy his honours, as he died at Fleurs 23 October 1805, in his seventy-seventh year, and was buried at Bowden. He married, first, 7 December 1750, at 1 Complete Peerage. INNBS KER, DUKE OF ROXBURGHE 353 Mayfair Chapel, St. George, Hanover Square, Margaret, daughter of Rev. Burroughs, D.D. chaplain of Hampton Court, she being then of Maidstone, Kent.1 Three chil- dren born of this marriage died in infancy, and she died s.p. at Paris. He married, secondly, 29 June 1789, at Al- lington, Dorsetshire, Mary, daughter of Benjamin Bechenoe, captain R.N., but by her had no issue. She married, secondly, 19 August 1806, the Hon. John Tollemache, for- merly Manners, and died 9 April 1838.2 On the death of William Bellenden Ker, fourth Duke of Roxburghe, the whole male line of William Ker, formerly Drummond, second Earl of Roxburghe, and of his wife Jean, heir of line of the first Earl, failed, and the barony of Bellenden of Broughton possibly became extinct. A competition then arose for the Roxburghe estates between Lady Essex Ker, eldest surviv- ing sister of the third Duke of Roxburghe, as heir of line of William, second Earl of Roxburghe, and Jean Ker his wife, eldest daughter of Harry, Lord Ker, Sir James Nor- cliffe Innes, Baronet, heir-male of the body of Margaret, third daughter of Harry, Lord Ker, Major-General Ker of Little- dean as heir-male of Robert, first Earl of Roxburghe and the Right Honourable William Drummond of Logiealmpnd, as heir-male of the second Earl of Roxburghe. The case was taken to the House of Lords, who, on 18 June 1810, found that according to the just and legal construction of the substitution of the deed of 1648, to the^ eldest daughter of Harry, Lord Ker, without division, and her heirs-male, the several daughters of Harry, Lord Ker, seriatim in their order and the heirs-male of their respective bodies begotten, were called as heirs of tailzie and provision, to take the estates conveyed by the above deed in preference to the heir-male general of the eldest or of any other of the said daughters; therefore that if Sir James Norcliffe Jnnes proved himself heir-male of the body of Margaret Ker, and there were no heirs-male existing of the bodies of Jane and Anna Ker, Sir James's brieve of service might be sustained against any other. In March 1812 Sir James accordingly led evidence of his descent, and on 9 May 1812 the Committee of Privileges reported that he had made out his claim, which on 11 May became the finding of the House 1 Complete Peerage. 2 Ibid. VOL. VII. Z 354 INNES KER, DUKE OF ROXBURGHE of Lords. Major-General Ker had been served nearest lawful heir-male on the 18 June 1804 of Robert, first Earl of Roxburghe and his son Harry, Lord Ker. Sir James Innes attempted to impugn this service, but withdrew his action 11 December 1811, when the Court of Session assoil- zied Major-General Ker and found him entitled to his ex- penses, thus establishing his pedigree as tenth in descent from Mark Ker of Dolphingston and Littledean, second son of Walter Ker of Oessford 1481-1501, and also, as such, his right to the character of undoubted heir-male of the ancient family of Ker of Oessford, now Roxburghe.1 The long litigation, lasting seven years, ruined Major-General Ker. INNES OF THAT ILK. THE family of Innes, whose representative succeeded to the Roxburghe title was one of great antiquity. There is historical proof that WILLELMUS DE INEYS held the lands in 1296. According to the family account by Duncan Forbes of Culloden, the father of the distinguished Lord President of that name, he was the ninth laird who had held the lands.2 He was the ancestor of SIR WALTER DE INNES, who died in or before 1456, leaving a son, ROBERT INNES, who had a precept of infeftment in the lands of Aberchirder from John, Lord Lindsay of the Byres, 4 July 1456. He left a son, JAMES INNES, who had a precept of sasine from Alexander, Earl of Huntly, on 24 October 1464. He died shortly after 1491, having married, first, Janet Gordon, natural daughter of Alex- ander, first Earl of Huntly;3 and, secondly, before 26 October 1473, Margaret Culane. By her he had four sons, but by his first wife he had issue, besides two daughters :— 1. ALEXANDER, who succeeded. 2. Robert, first designed of Cromie and then of Rothmackenzie, whose descendants ultimately succeeded to the headship of the family. ALEXANDER INNES died between 12 December 1537 and 3 June 1538, at which date his son had a precept of sasine. He married (contract 4 December 1493) Cristina, daughter of Sir James 1 Wood's Douglas. 2 Familie of Innes, Spalding Club. 3 Cf . vol. iv. 526. INNES KER, DUKE OF ROXBURGHE 355 Dunbar of Cumnock, with a tocher of 1100 merks, and had by her, with other issue, ALEXANDER INNES. He died before 1553, having married Elizabeth, daughter of John, sixth Lord Forbes, and widow of Gilbert Keith of Troup. She survived her second husband, but left no male issue, and Alexander was succeeded by his brother, WILLIAM INNES. Previous to the date of his succession he was designed of Forresterseat. He was dead before 1574, ! having married, before 7 February 1547-48, Elizabeth Hepburne, by whom he had issue, besides one daughter :— 1. ALEXANDER, who succeeded. 2. JOHN, who succeeded his brother. ALEXANDER INNES succeeded his father, but apparently did not hold the estates long, for having killed his kinsman Innes of Pethnik in quarrel in the streets of Edinburgh, he was executed in 1576. He married Janet, second daughter of John, Earl of Sutherland : she survived him, and is said to have married, secondly, Thomas Gordon, son of George, fourth Earl of Huntly. She died January 1584,* leaving no lawful male issue. Alexander Innes was succeeded by his brother, JOHN INNES. He was evidently a person of no great capacity. On 15 March 1577 he entered into a mutual entail with Alexander Innes of Cromie to the effect that, failing heirs-male of their bodies, the other should succeed to the whole estates. This arrangement afterwards occasioned much ill-feeling and tragic consequences in the family. John Innes was alive in 1585, but was obliged to give up all his interest in the estates. He mar- ried, in 1580, Elizabeth, daughter of Alexander Abernethy, sixth Lord Saltoun, and widow of John, eighth Lord Glamis.3 As by her he had no issue, the whole male line of Alexander, son of James Innes, came to an end, and the representation of the family devolved upon James Innes of Cromie, descended from ROBERT INNES, second son of James Innes of that Ilk. He was usually designed of Rothmackenzie ; he married a daughter of William Meldrum of Fyvie, by whom he had two sons :— 1. JAMES. 2. Alexander, ancestor of the Inneses of Coitts. JAMES INNES of Rothmackenzie got a charter of the lands of Cromie in 1542,4 and was afterwards designed of Cromie. He fell in the battle of Pinkie, 1547, having married, first, Catherine, a daughter of Sir William Gordon of Gight, and, secondly, his cousin, Margaret, daughter of Alexander Innes of that Ilk, and Cristina Dunbar.6 By his second wife only he had issue, 1 Reg. Mag. Sig., 8 July 1574. 2 Cf. vol. iv. 539. 3 Frasers of Philorth, ii. 62. 4 Beg. Mag. Sig., 18 March 1542-43. 6 See ante, p. 354. 356 INNES KER, DUKE OP ROXBURGHE ALEXANDER INNES of Cromie. It was he who entered into the mutual entail with John Innes of that Ilk, mentioned above. This transaction gave so much umbrage to the other branches of the Innes family that Alexander was murdered by Robert Innes of Innermarkie in a treacherous and brutal manner at his house, in Aberdeen, in April 1580. He married, first, Elizabeth Dunbar; she died between 10 March 1559-60, when she had a charter, along with her husband, from the Prior of Pluscarden, and 2 June 1566, when the charter was confirmed by the King. ' He married, secondly, Isobel, daughter of Arthur Forbes of Putachie.2 By her he had one son, ROBERT INNES of that Ilk. In his time the family feuds were arranged by the interposition of friends. He died 15 September 1596, having married, 1 November 1582, Elizabeth, daughter of Robert, third Lord Elphinstone,3 by whom he had, along with other issue, SIR ROBERT INNES. He was created a Baronet of Nova Scotia 20 or 29 May 1625, with remainder to heirs-male whomso- ever. He married (contract 18 December 1611) Grizel Stewart, daughter of James, Earl of Moray,4 and had by her, with other children, SIR ROBERT INNES, who married Jean Ross, daughter of James, Lord Ross of Halkhead, and had SIR JAMES INNES. He married (contract 18 July 1666) Mar- garet, daughter and coheir of Harry Ker, styled Lord Ker, only surviving son of Robert, first Earl of Roxburghe, who died vitdpatris. In 1694 Sir James resigned his estates to his son SIR HARRY INNES, who died 12 November 1721, having mar- ried (contract 3 September 1694) Jean, daughter of Duncan Forbes of Culloden. His eldest son died vitd patris and un- married, and he was succeeded by his second son, SIR HARRY INNES, who died 31 October 1762, having married (contract 9 October 1727) Anne, second daughter of Sir James Grant, Bart., of Grant. By her, who died at Elgin 9 February 1711, he had, with other issue, a second but eldest surviving son, IX. SIR JAMES INNES, fifth Duke of Roxburghe. He was born at Innes House, Elgin, 10 January 1736 ; 5 educated at Leyden ; captain 88th Regiment 1759, and 58th Regi- ment 1779; succeeded to the baronetcy 1762; sold the family estates of Innes 1767. He preferred his claim 1 Reg. Mag. Sig., 2 June 1566. 2 Cf. vol. iv. 55. 3 Ibid., iii. 356. 4 Ibid., vi. 318. 6 Complete Peerage. 357 to the Roxburgke titles and estates, under the settle- ment of the first Earl of Roxburghe in 1805, and on 11 May 1812 was adjudged to be fifth Duke and ninth Earl of Roxburghe. He died at Floors Castle 19 July 1823, aged eighty-five, and was buried at Bowden. He married, first, 19 April 1769, at St. James's Church, Westminster,. Mary, eldest daughter of Sir John Wray of Glent worth, in the county of Lincoln, Baronet, by Frances, daughter of Fairfax Norcliffe of Langton, in the county of York, which estate being settled on Lady Innes, he took by royal licence the name of Norcliffe before that of Innes, 31 May 1769. She died without issue 20 July 1807. After her death Sir James dropped the name Norcliffe, taking the name Ker, in addition to Innes, her estates passing by settlement to her nephew. Sir James married, secondly, eight days after his first wife's death, Harriet, daughter of Benjamin Charlwood of Windlesham, Surrey, at Ken- sington, 28 July 1807, who survived him, and married,, secondly, at Chelsea, Lieut. -Colonel Walter Frederick O'Reilly, O.B., 41st Regiment (who died 4 March 1844),. and died at Brighton 19 January 1855, aged seventy-seven^ By his second wife the Duke had an only son, X. JAMES ROBERT, sixth Duke of Roxburghe, born at Floors Castle 12 July 1816; succeeded his father 19 July 1823 ; educated at Eton and at Christ Church, Oxford ; created a Peer of the United Kingdom, as EARL INNES, 11 August 1837; Knight of the Thistle, 18 March 1840; a Lieut.-General of the Royal Archers, Scotland; Lord- Lieutenant of Berwickshire, 1873-79. He married, 29 December 1836, Susanna Stephanie, only child of Lieut.- General Sir Charles Dalbiac, K.O.H. He died at Genoa 23 April 1879. His widow, who was Lady of the Bed- chamber to Queen Victoria from 1868, and V.A., died 6 May 1895. Issue :— 1. JAMES HENRY ROBERT, seventh Duke of Rox- burghe. 2. Charles Jo/m, captain and lieut.-colonel Scota Guards ; born 31 December 1852 ; married, 15- January 1866, Blanche Mary, fourth daughter 358 INNBS KBB, DUKE OF ROXBURGHE of Colonel Thomas Pears Williams of Craig-y-Don, Anglesey, and Temple House, Bucks, with issue : — (1) Charles James, born 19 January 1867 ; late captain 4th Brigade, Welsh Division, Royal Artillery ; a Gentleman Usher to Queen Victoria till 1901, and to King Edward 1901-1906 ; died, unmarried, 13 April 1906. (2) Bertram, born 5 April 1870. 3. Susan Harriet, born 13 November 1837, married, 5 August 1857, to Sir James Grant Suttie, sixth baronet, who died 30 October 1878. She died 16 October 1909, having had issue. 4. Charlotte Isabella, born 8 August 1841 ; married, 28 October 1862, to George Russell, eldest son of Cap- tain William Russell, R.N., and great-great-grandson of John, fourth Duke of Bedford, and died 24 April 1881, leaving issue. XI. JAMBS HENRY ROBERT, seventh Duke of Roxburghe, born 5 September 1839 at Floors Castle ; educated at Eton and Christ Church, Oxford ; M.P. for Roxburghshire 1868- 74 ; Lord-Lieutenant of Roxburghshire. He died at Floors Castle 23 October 1892, and was buried in Kelso Abbey. Married, 11 June 1874, at St. James's, Westminster, Anne Emily, fourth daughter of John Winston Churchill, Duke of Maryborough, by Frances Anne Emily, daughter of Charles William Vane Stewart, third Marquess of Londonderry. Succeeded his father April 1879; His widow, who was born 14 November 1854, was Mistress of the Robes to Queen Victoria 1883-85, an Extra Lady of the Bed- chamber 1895-97, and a Lady of the Bedchamber 1897-1901. Issue : — 1. HENRY JOHN, present and eighth Duke of Rox- burghe. 2. Alistair Robert, born 2 November 1880; lieutenant Royal Horse Guards; served in South Africa 1900- 1902; married, 10 October 1907, Anne, daughter of W. R. Breese, of New York, and step-daughter of H. V. Higgins. Issue a son, born 4 October 1908. 3. Robert Edward, lieutenant Irish Guards, born 22 July 1885. INNES KER, DUKE OF ROXBUROHE 359 4. Margaret Frances Susan, born 13 May 1875 ; married, 25 July 1898, to Major James Alexander Orr Ewing, third son of Sir Archibald Orr Ewing, first Baronet. He was killed in action in South Africa 28 May 1900, leaving issue. 5. Victoria Alexandrina, to whom Queen Victoria stood sponsor, born 16 November 1877 ; married, 17 August 1901 to Major Charles Hyde Villiers, late Royal Horse Guards, and has issue. 6. Isabel, born 14 January 1879 ; married, 23 June 1904, to the Hon. Guy Greville Wilson, second son of Charles Henry, first Baron Nunburnholme. She died 12 October 1905. 7. Evelyn Anne, born 7 February 1882, married, 23 November 1907, to Major William Fellowes Collins, Royal Scots Greys. XII. HENRY JOHN, eighth Duke of Roxburghe (1707); born 25 July 1876 ; succeeded his father 23 October 1892. Lieutenant Horse Guards May 1898; served in the South African war 1900; created a Knight of the Order of the Thistle 1902 ; bore the Queen-Consort's crown at the coronation of King Edward vu. 9 August 1902. Married, 10 November 1903, May, daughter of the late Ogden Goelet of New York. CREATIONS.— Lord Roxburghe 29 December 1599, Earl of Roxburghe, Lord Ker of Oessford and Cavertoun, 18 Septem- ber 1616, Duke of Roxburghe, Marquess of Bowmont and Cessfurd, Earl of Kelso, Viscount of Broxmouth, and Lord Ker of Cessfurd and Cavertgun, 25 April 1707, in the Peer- age of Scotland ; Baron Ker of Wakefield in the county of York, and Earl Ker of Wakefleld, 24 May 1722, in the Peerage of Great Britain; Earl Innes 11 August 1837, in the Peerage of the United Kingdom. ARMS (recorded in Lyon Register). — Quarterly : 1st and 4th grand quarters counterquartered ; 1st and 4th, vert, on a chevron between three unicorns' heads erased argent, armed and maned or, as many mullets sable, for Ker ; 2nd and 3rd, gules, three mascles or, for Weepont ; 2nd and 3rd 360 INNBS KER, DUKE OP ROXBURGHE grand quarters, argent, three mullets of six points azure, for Innes. CRESTS. — A unicorn's head erased argent, armed and maned or ; a boar's head erased proper, langued gules. SUPPORTERS. — Two savages, wreathed about the head and middle with laurel, and holding in their exterior hands a club resting on the shoulder, all proper. MOTTOES. — Pro Christo et Patria. Be Traist. [E. M. F.] HAMILTON, EARL OF RUGLEN OHN HAMILTON, fourth son of William Douglas, third Duke of Hamilton, by his wife Anne, suo jure Duchess of Hamilton, was baptized at Hamil- ton 26 January 1665.1 He was created, by patent dated 14 April 1697, EARL OF RUG- LBN, VISCOUNT OF RIOOARTOUN and LORD HILLHOUSE,2 with remainder to the heirs-male, whom failing, to the heirs whatsoever of his body. He took his seat 19 July 1698, being then Master of the Mint, an office of which he was shortly after deprived on account of his opposition to the Government. He had the lands of Riccartoun, co. Linlithgow, settled on him by his parents, and he also acquired Barnton, Kings Oramond, and other lands in Midlothian. On the death of his brother Charles, Earl of Selkirk, in 1739, that title, and the barony of Crawford John, in Lanarkshire, devolved on him, but Ric- cartoun went in terms of the entail to his younger brother Archibald. The Earl of Selkirk and Ruglen, as he was termed, died at Edinburgh 3 December 1744, in the eightieth year of his age, and was buried at Oramond. At his death the earldom of Selkirk and the barony of Crawford John were inherited by his grand-nephew, Dunbar Hamilton of 1 Hamilton Reg. 2 Ada Part. Scot., x. 117. 361 302 HAMILTON, EARL OF RUGLEN Baldoon, while the Ruglen title and the remainder of his estates passed to his eldest daughter. The Earl married, first (contract 21 June 1694), his cousin Anne, daughter of John, seventh Earl of Cassillis; secondly, at Edinburgh, 22 March 1701, Elizabeth, widow of John, Lord Kennedy, his first wife's eldest brother, daughter of Charles Hutchin- son of Owthorpe, co. Nottingham.1 She died at Barnton 10 March 1734, and was buried at Holyrood 16 March.1 By his first wife the Earl had issue : — 1. William, styled Lord Riccartoun till his father suc- ceeded to the Selkirk title, when he became Lord Daer. He was born 1696, had a captain's commission in the Army 6 May 1723, and a troop in the 1st Regiment of Horse 23 January 1734. He died at Edinburgh 20 February 1742, in the forty-sixth year of his age, having got a chill after being overheated with dancing. He was buried at Holyrood 24 February. 2. ANNE, who succeeded as Countess of Ruglen. 3. Swsaw, born 1 November 1699, married (contract 25 September and 6 October 1738), to her cousin John, eighth Earl of Cassillis. She died s.p. at Barnton 8 February 1763, and was buried at Holyrood 19 February.3 II. ANNE, suo jure Countess of Ruglen, was born at Cramond 5 April 1698.4 She was married, first, to William, second Earl of March (of the creation of 1697), who died 7 March 1731 ; secondly, 2 January 1747, to Anthony Sawyer, Paymaster of the Forces in Scotland. She died at York 21 April 1748. By her second husband she had no issue, but by the Earl of March she had an only child, III. WILLIAM, Earl of March and Ruglen, who afterwards succeeded as fourth Duke of Queensberry. (See that title.) He died, unmarried, 23 December 1810, when the earldom of Ruglen became extinct. CREATION. — Earl of Ruglen, Viscount of Riccartoun and Lord Hillhouse, 14 April 1697. 1 In her funeral entry in the Lyon Office her father is styled Sir Thomas Hutchinson, Knight. 2 The Holyrood Burial Register calls her Jean. 3 Holyrood Reg. * Cramond Reg. HAMILTON, EARL OF BUGLEN 363 ARMS, not recorded in Lyon Register but given in Peers' Arms MS. as : — Quarterly, 1st and 4th, argent, three cinque- foils ermine; 2nd and 3rd, argent, a three-masted galley sable, sails furled of the first, flagged gules; surtout on an escutcheon argent a man's heart gules crowned or, on a chief azure three mullets argent. OREST. — An oak tree proper penetrated transversely on the trunk by a frame saw proper, the frame or. SUPPORTERS. — Two antelopes argent, armed, unguled, ducally gorged and chained or. MOTTO.— Through. [J. B. P.] RUTHERFURD, LORD RUTHERFURD OBERT, LORD OP RODYR- PORDE, witnessed a char- ter by David I. to Ger- vase of Rydel, circa 1140.1 GREGORY OF RUTHER- FURD witnessed two charters of Roger Bur- nard to the monastery of Melrose of thirteen acres of the lands of Faringdon, in the reign of King William the Lion, and other charters in the reign of King Alexan- der ii.2 HUGH OF RODERPORDE witnessed a grant by Philip de Valoniis to Robert de Stutteville of lands of Torpenhow in Northumberland in or before 1215, in which year Philip died.3 RICHARD and HUGH RUTHERFURD witnessed a charter of Richard Burnard of Faringdon to the abbey and convent of Melrose in the reign of King Alexander in., 1252.* SIR NICOLAS OF RUTHERFURD witnessed charters by William of Landels and by John of Landels to the church of St. Mary of Melrose, and other charters in the reign of 1 Rutherfurds of that Ilk. » Liber de Metros, i. 75, 76, 177, 179, 227, 229, 232. 3 Macfarlane, Original Writs, Adv. Lib. * Liber de Melros, i. 299. 364 BUTHBRFURD, LORD RUTHERFURD 365 King Alexander n.1 and in the reign of King Alexander in.2 He is probably the same Sir Nicolas who witnessed a deed by Malcolm of Oonstabletun and Alice his wife of a caru- cate of land in Edulfistun to the church of Glasgow in 1260,3 a, donation by Henry, Lord of Haly burton, to the monastery of Kelso in 1270,4 and a gift by Patrick Corbet, Lord of Fogo, of the chapel of Fogo, with the mill thereof, to the said monastery, 1280-97.5 He had issue : — 1. SIR NICHOL. 2. Aymer of Rutherfurd, of the county of Roxburgh, swore fealty to Edward i. at Berwick on 28 August 1296.8 He sued the Marshal for two horses seized by him, of the value of ten shillings, and recovered them in May 1296.7 His lands in Tynedale were seized by the bailiff, on behalf of the King, as a rebel, in December 1297.8 3. Margaret, daughter of Nicolas of Rutherfurd, swore fealty to Edward I. at Berwick 28 August 1296.9 She had lands in the county of Roxburgh. SIR NICOL OF RUTHBRFURD swore fealty to Edward i. at Montrose 11 July 1296,10 but, according to Blind Harry, joined Sir William Wallace in Ettrick Forest with sixty followers, in consequence of which his lands of Dodington Mill in Northumberland were seized by the English King, he being a rebel, in 1296." He married a lady named Mar- jorie, who is said to have been a near relative of Marion Braidf ute of Lamington, Wallace's wife, and he was probably the grandfather of 1. Eva, and 2. Marjory, styled heirs of 'Monsire Nichol de Rother- forde, chivaler Descose,' their grandfather. They petitioned King Edward for a writ to the Sheriff of Northumberland to give them sasine of one hundred 1 southz ' (sous) of annualrent in the mills of Dod- dingestone in that county, in which their grandfather was seised at the beginning of the war, and ousted on that account.12 1 Liber de Metros, i. 244, 245, 260, 264. 2 Ibid., 295, 301, 310. 3 Reg. of Glasgow, 175*. 4 Liber de Calchou, 143. 6 Ibid., 246. 6 Cal. of Docs., ii. p. 199. * Ibid., No. 822. 8 Ibid., No. 963. • Ibid., p. 207. 10 Ibid.,No. 774. » Ibid., No. 1043. 12 Ibid,, No. 1879. 366 RUTHERFURD, LORD RUTHBRPURD SIR ROBERT OF RUTHERFURDE supported Bruce.1 RICHARD OF RUTHERFURDE witnessed a charter by Cyril Saddeler in 1330,2 a deed of gift by Thomas Vigurus, burgess of Roxburgh, to Sir William of Fultoun, and another by the latter to the monastery of Dryburgh, circa 1338.3 WILLIAM OF RUTHIRFURDE, mentioned in a charter by Roger of Auldtoun to the chantry of St. James, Roxburgh, in 1354,4 and in a charter from King David to John of Allincrum of all the lands which were held by the late Richard of Rutherfurd in the barony of Orauford Lindsay, in the shire of Lanark, which had been forfeited by William, son and heir of the said Richard, 12 April 1358, which was confirmed by King Robert n. on 24 October 1377.5 SIR RICHARD RUTHERFURDE of that Ilk witnessed a charter by John Turnbull of Minto to Sir William Stewart of Jed- worth, dated 8 December 1390,6 and on 26 October 1398 was a pledge for the Earl of Douglas's bounds on the Middle March.7 He was ambassador to England in 1398,8 was taken prisoner in 1399 with his five sons and Sir John Turn- bull, * out with the sword/ by the English, and on 30 October 1399 Henry iv. gave orders to Henry Percy, Earl of North- umberland, that they should not be ransomed or set free.9 He was Warden of the Marches in 1400,10 and died in defence of the realm before 1455,^ when his son James was allowed the ward of Maxtoun and Edgarstoun.11 He married Jean Douglas, and had issue five sons : — 1. James, who was one of the guarantors of the treaty with the English, 1449,12 had charter of Lethbert and Lethbertshiels in Stirlingshire from King James n., 2 and 4 May 1452." He was father of (1) James, of that Ilk, Conservator of the truce with England,14 and Warden of the Marches, 1457 ; 15 had charters under the Great Seal first on 8 August 1471, confirming a charter by 1 Barbour's Bruce. 2 Liber de Calchou, 381. 3 Liber de Dryburgh, 261, 262. * Liber de Calchou, 387. 5 Beg. Mag. Sig., fol. vol., 149, No. 107. 6 Ibid., 189, No. 23. 7 Cat. of Docs., iv. 510. 8 Rymer's Fcedera, viii. 54. 9 Cal. of Docs., iv. 565. 10 Rymer's Fcedera, viii. 162. " Exch. Rolls, vi. 97. 12 Rymer's Fcedera, xi. 254. 13 Reg. Mag. Sig. 14 Rymer's Fcedera, xi. 397. 16 Ibid. RUTHERFURD, LORD RUTHBRFURD 367 Thomas Home of Crowde of the lands and barony of Uver- cragling or Crailing, Hownam, Capehope, Swinset, and others ; 1 second, of the right of patronage of the church of Bethrule, which had been granted to his father by the late William, Earl of Douglas, 13 June 1482 ;2 third, to him and Margaret Erskine, his wife, of the lands of Swynside in barony of Hounam, 17 December 1483 ; 3 and, fourth, of the lands and barony of Edzerston, on his own resignation, to himself and his heirs, whom failing, to Richard, his grand- son, whom failing, to John, Thomas, Robert, and Andrew, his (the said James) sons respectively, 15 September 1492.4 He died in 1493. He married Margaret Erskine and had issue : — i. Philip, younger of that Ilk ; married (contract 12 Feb- ruary 1484-5, and papal dispensation dated 9 Nov- ember 1485 5) Elizabeth, daughter of Sir Walter Ker of Cessf ord. He predeceased his father, survived by his wife, who married, secondly, before 23 October 1495, Sir Walter Scott of Buccleuch. She was burned to death by the English in the tower of Catslack Id October 1548. 6 He had issue : — (i) Richard. He is styled ' nevo ' (nepos) of James in a grant of his ward and marriage to Walter Ker of Cessford 25 October 1500. T That he was grandson of James is also proved by the charter of 15 September 1492 above quoted. Served heir to his grandfather 5 May 1499, and died s.p. before 9 November 1500.8 (ii) Katherine, who being a ward of the King for- feited on 27 January 1502 her portion of the paternal estate by 'away ganging and tres- passing with James ye Stewart of Tracquar, committand hir person to him in fornication,' they being in the third and third degree of consanguinity forbidden by the law.9 They afterwards had a papal dispensation, 9 Nov- ember 1505, legalising their marriage. He was killed at Flodden 1513. (iii) Helen, served heir to her father's whole estate 23 February 1502-3 ; 10 married, first, between 20 November and 5 December 1506,11 to Sir John Forman of Da wane ; secondly, to Sir Thomas Ker of Mersington ; thirdly, to Andrew Rutherfurd of Hunthill aftermentioned ; and fourthly, to Patrick Home of Broomhouse, but had no issue by any of her husbands. ii. John, died before 13 May 1501, had four natural sons.12 iii. Thomas, described at the last-mentioned date as heir- 1 Beg. Mag. Sig. 2 Ibid. 3 Ibid. 4 Confirmed ibid., 15 January 1492-93. 5 Roxburghe Charters. 6 Ada Dom. Cone., xvii. 187. T Beg. Sec. Sig., i. 585. 8 Ibid., i. 590. 9 Riddell's Peerage Law, 130. 10 Ibid. 11 Beg. Mag. Sig. 12 Acta Dom. Cone., xviii. 72. 368 RUTHERFURD, LORD RUTHERFURD male of his father ;'he was then at the horn for the slaughter of Patrick Hepburn ; l ancestor of the families of Edgerston and Farnington.2 iv. Andrew, died before 1504. 3 v. Robert.* vi. Christian, married (contract dated 12 February 1484 5) to Sir Robert Ker, eldest son of Walter Ker of Cess- ford, and had issue. vii. Janet, married, 1480, to John Rutherfurd of Hundolee. 2. ROBERT altermentioned. 3. William of Eckford, slain by Walter Scott of Kirkurd 1436. 4. Sir John, killed at Orevant in 1423. 5. Nicol, had charters of Grubet, Yhethame, Corbet, Malcarston, and others, on the resignation of Thomas Oharteris of Oagnore, from King James i. on 12 May 1426,6 and of Kirkyetham 6 July 1430.7 He was one of the guarantors of truces with the English in November 1449, August 1451, and May 1453. He is said to have married, first, Margaret, daughter of Thomas Oharteris of Cagnore,and secondly, a daughter of Sir Thomas Oranstoun, Warden of the Marches. He had a son Jo7w, ancestor of the Hundalee family, who had half the fermes of Kincavil in 1453.8 ROBERT OP RUTHERFURD, called 'Robin with the tod's tail,' from the circumstance that at the battle of Otter- burn on 15 August 1388, having been detached from the main body, he fixed a fox's brush tt> his lance as a standard and attacked the English in flank. He may have married Joan, daughter of Sir Henry of Heton ; she is described as wife of Robert Rutherfurd, and as having been born at the manor of Ohevelyngham, Northumberland, on the feast of St. Peter ad Vincula, 1 August 1389 ; 9 if so, she must have been his second wife, as his son George was old enough to be a witness in 1413. Not having done fealty to the King of England, her property is ordered to be retained until further instructions, 6 May 1411.10 He had issue : — 1. GEORGE, his heir. 2. Laurence. 1 Reg. Sec. Sig., i. 691. 2 Acta Dom. Cone., xviii. 72. 3 Ibid. * Ibid. 6 Roxburghe Charters. 6 Reg. Mag. Sig. 7 Ibid. 8 Exch. Rolls, v. 346 ; Reg. Mag. Sig., 13 April 1452. 9 Cal. of Docs., iv. 738. 10 Ibid., 803. RUTHERFURD, LORD RUTHERFORD 369 GEORGE OF RUTHERFURD was a witness to a charter by Archibald, fourth Earl of Douglas, to David of Hume, his esquire, of the lands of Wedderburn, circa 1413,1 and had a charter from the said Earl of the lands of Nether Ohatto, South Scharplaw, Eddyllcluch, and Hangandschaw, which had been forfeited by Thomas Ohatto in 1424.2 He married Jonet Rutherfurd, and would appear to have died before 6 February 1429-30, on which date there is an indenture between Patrick Lorraine, son and heir of Robert Lorraine, Lord of Homylknoll, and Jonet of Rutherfurd, the wife * quhylom ' of George Rutherfurd of Chatto.3 He had issue : — 1. ROBERT, his heir. 2. Adam, master or prior of the fraternity of Anchorites in Over Ancrum.4 3. George of Langnewton, died before 16 February 1499- 1500, when his lands of Sandystanys were forfeited and given to Patrick, Lord Bothwell.5 He married Catherine Sele,8 who survived him.7 4. Walter, who had a charter of a third part of the lands of Orailing, and corn mill thereof, 1488, also a grant of lands of Redheugh in Selkirkshire in 1495. He was ancestor of the Redheugh family. 5. Katherine, married to William Cockburn of Hender- land. They had a charter of the lands of Sunderland Hall on 20 July 1474.8 6. Helen, married to Sir Thomas Borthwick of Oolylaw and Bourhouse, Berwickshire.9 ROBERT RUTHERFURD of Chatto had a charter from Archi- bald, fifth Earl of Douglas, confirming to him as his dear esquire,the gift of his late father, Archibald, Earl of Douglas, to George of Rutherfurd, Robert's father, of the lands of Nether Chatto and others on 21 November 1429,10 which was confirmed by the Crown 25 March 1439." He had a 1 Gal. of Docs., iv. 803. 2 Hist. Com. Rep., on Milne Home Writs. 3 Rutherfurd Charters in Reg. Ho. 4 Ibid. 5 Reg. Sec. Sig., i. 366. 6 Acta Dom. Cone., xvi. 114. 7 She may have married again, as a Catherine Morris, relict of George Rutherfurd, had a grant of a liferent of part of the lands of Langnewton from the King on 8 November 1498 (Acta Dom. Cone., xx. 26). 8 Reg. Mag. Sig. ° Ibid., 1 December 1503. 10 Rutherfurd Charters. " Ibid. VOL. VII. 2 A 370 RUTHERFORD, LORD RUTHERFURD charter under the Great Seal on 18 January 1466-67,1 con- firming a charter by Sir Simon of Glendinwine of that Ilk, to him and Margaret his wife of certain lands in the west part of the town of Scraisburgh, commonly called Hunthill, dated 12 December 1465,2 in which he was seised same day.3 He had a grant of lairs in the Abbey of Jedburgh from the then Abbot, to him and Margaret his wife, on 13 July 1464.4 He, with his son George, had a tack from the Orown of the lands of Midsteid of Windedurris in Ettrick for three years from 1484.5 He married Margaret, daughter of Sir Simon Glendinwyn of that Ilk, and had issue : — 1. GEORGE, his heir. 2. Robert of Ohatto, in which estate he succeeded his father, his brother getting Scraisburgh, Oapehope, etc. He married a lady named Janet, and was an- cestor of the family of Rutherfurd of Ohatto. 3. Richard of Glennysland, son of Robert Rutherfurd of Ohatto, had a charter of 2 merks land of the same under the Great Seal 25 July 1468, on the resignation of Christian Glen, heiress thereof, and wife of David Stewart.6 He was slain along with Sir William Oolville of Ochiltree by George Haliburton and others in 1508 or 1509, and was ancestor of the Glennysland family. 4. Margaret, married to Hugh Wallace of Oraigie. She had a charter of the lands of Tlmriston, etc., in Ren- frewshire, 22 September 1505.7 5. Helen, married to Philip Nisbet of that Ilk,8 and had a charter of Birghamshiels in Berwickshire 20 January 1506-7.9 GEORGE RUTHERFORD of Scraisburgh or Hunthill had sasine of Nether Ohatto 1494,10 was served heir to his father therein 2 May 1495, and had sasine of the lands of Scrais- burgh and Hunthill as heir of his father on 9 October 1495.11 From the Crown he had a tack of the lands of Middlestead 1 Reg. Mag. Sig. 2 Rutherfurd Charters. 3 Ibid. 4 Rutherfurds Of that Hk, xxiii. ; Seventh Rep. Hist. MSS. Com., 735. 5 Exch. Rolls, ix. 609, 619. 6 Reg. Mag. Sig. 7 Ibid. 8 Lord High Treasurer's Accounts, iii. 233. 9 Reg. Mag. Sig. 10 Exch. Rolls, x. 769 ; Rutherfurd Charters, 26 May 1495. » Rutherfurd Charters. BUTHBRPURD, LORD RUTHERFURD 371 of Windydurris in 1492 to him and his son William.1 He married a lady named Mariota, and had issue : — WILLIAM. WILLIAM R.UTHERFURD of Hunthill had sasine of the lands of Nether Ohatto and others in 1496.2 He was dead in 1507. GEORGE RUTHERFURD of Hunthill, served heir to his father William in the lands of Nether Ohatto, and others 2 November 1507,3 was seised therein 8 November 1507,4 and entered into a bond of manrent with Alexander, Lord Home, dated at Edinburgh 18 May 1516.5 He had issue : — 1. ANDREW RUTHERFURD of Hunthill, mentioned as owner of west half of Scraisburgh in 1523," had sasine of the lands of Nether Ohatto, Ediscleuch, Scharplaw, and Hanginschaw, which had been in the King's hands for six years on 31 August 1525.7 He married Helen, daughter and heiress of Philip Rutherfurd of that Ilk, and widow of Sir John Forman of Dawane and Sir Thomas Ker of Mersington. He had with her a charter on her resignation of the lands of Cape- hope 20 August 1529.8 She, who had no issue, by him, survived him, and married, fourthly, before 1 December 1534,9 Patrick Home of Broomhouse. 2. JOHN, who succeeded his brother. 3. William, tutor to William Rutherfurd of Langnewton, married Christian, sister to Christopher Armstrong of Mangerton and John Armstrong of Gilnockie. George is also said to have had another son 4. Andrew (? Archibald), Canon of Jedburgh, who, though a churchman, married, it is alleged, a daughter of Douglas of Bon jed ward, and had issue William and Mr. John, Professor of Philosophy, Divinity, and Medicine in the College of Coimbra in Portugal, the Sorbonne in France, and elsewhere abroad. Probably identical with Mr. John Rutherfurd, Provost of St. Salvator's College, St. Andrews, who resigned 30 August and died December 1577. He married Christian Forsyth,10 and had issue :— 1 Exch. Rolls, x. 783. 2 Ibid., 772. 3 Rutherfurd Charters. * Ibid. 6 Hist. MSS. Com., Earl of Home, 22. 6 Exch. Rolls, xv. 608. T Ibid., xv. 668. 8 Reg. Mag. Sig. 9 Ibid., 15 January 1534-35. 10 Ex inform. Mr. J. Maitland Anderson, University, St. Andrews. 372 RUTHERFURD, LORD RUTHERFURD i. Mr. John, minister of Denino 14 October 1577, of Kem- back 3 September 1579, St. Andrews July 1584, and died of the pest 4 October 1585. * He married Janet, daughter of David Inglis of Ardit,2 and had issue :— (i) David, served heir to his father 22 March 1606. 3 (ii) Mr. John, born 1565, Minister of Cupar 1590, and of Kilconquhar 21 July 1594. He was deposed 1603, and took to the study of medicine ; was re- instated and became minister of Dairsie in 1611, of Monifleth 24 June 1626, 4 and died 8 June 1632, aged sixty-seven. He married, before 1606, Barbara Sandilands, relict of Thomas Disching- ton of Ardross, and had issue : — a. Mr. John, minister of Kirkden circa 1628, died March 1656.5 He married Isobel, daughter of Auchmuttie of Drumeldrie, and had issue :— (a) John, advocate, served heir to his grandfather 29 March 1664,6 married Janet Muschett, and had issue : — a. James, baptized 11 January 1657.7 ft. Margaret, baptized 22 March 1658,8 married David Auch- mouttie of Drumeldrie. (6) Janet. ii. William, owner and captain of a ship in Leith, and merchant burgess of Edinburgh, who died 4 Novem- ber 1587. 9 He had issue :— (i) William of Wrightslands, merchant burgess of Edinburgh, who had a charter under the Great Seal of lands of Easter and Wester Quarrelholes, in the barony of Restalrig, 23 November 1621,10 and died 14 November 1624." He married Giles Stewart, who survived him, and had issue :— a. Robert of Wrightslands, served heir- general to his father 7 June 1625, 12 and in the lands of Easter and Wester Quarrelholes, near Edinburgh, 22 July 1631,13 became a major-general in the Army, and Governor of Majorca. He had issue : — (a) William, Treasurer to the King of Spain. 1 Edin. Tests. , 8 March 1585-86. 2 Ibid. 3 Retoura, Gen., 8268. 4 Scott's Fisti. 5 Brechin Tests., 29 October 1656. 6 Retoura, Gen., 4769. " Edin. Reg. 8 Ibid. 9 Edin. Tests., 7 January 1593-94. 10 Reg. Mag. Sig. 11 Edin. Tests., 18 March 1626. 12 Retours, Gen., 1198. 13 Retours, Spec. Edin., 1493. 373 (6) Robert, Count Rutherfurd, Gov- ernor of Ostend. 6. WiUiam,merchaut burgess of Edinburgh, who had a charter under the Great Seal of the lands of Quarrelholes on his brother Robert's resignation 1 August 1634,1 and sold the same to the City of Edinburgh. He died about 1656,2 having married Margaret, daughter of Alex- ander Guthrie, merchant burgess of Edinburgh,3 and sister to Sir Henry Guthrie of Colliston, Knight, but had no issue. c. ANDREW, created LORD RUTHERFURD and EARL OF TEVIOT. d. Isabel, married Archibald Wilkie of Harlawmuir, merchant in Edinburgh, and had issue : — (a) Mr. Archibald, served heir to his uncle, the Earl of Teviot, 9 September 1671.* e. Christine, married to Robert Durie of Grange, mariner in Leith.5 He died in March 1625,6 and had issue John, his heir, William, who succeeded his brother, and Christian. William Durie of Grange, served heir to his brother-german John in Over- grange 29 April 1643.T He had a son, John Durie, of Overgrange, served heir to his father 24 January 1662,8 and heir-portioner to Andrew, Earl of Teviot, his grandmother's brother, on 9 September 1671.9 Died April 1724. He had issue : — George Durie, served heir to his father 10 July 1724, and to his great-granduncle Andrew, Earl of Teviot, 17 January 1734, when he assumed the title of Lord Ruther- furd,10 and voted at all the elections of Representative Peers until his death at Grange 18 June 1759. He married Margaret, daughter of Captain David Ogilvy of the Scots 1 Eeg. Mag. Sig. 2 Edin. Tests., 7 May 1657. 3 Setours, Spec. Edin., 1056. 4 Retours, Gen., No. 5460. 6 Reg. Mag. Sig., 9 June 1632. 6 Edin. Tests., 7 April 1626. 7 Retours, Fife, 646. » Ibid., 908. 9 Retours, Gen., 5460. 10 Memorial for George, Lord Rutherfurd, 11 May 1739. 374 RUTHERFURD, LORD RUTHBRPURD Guards, and Jean Thoirs his wife, and had issue : — David, who also assumed the title of Lord Rutherfurd, but was prohibited from voting by the House of Lords on ISMarch 1762 until he made good his claim,1 and died without issue 15 October 1785. Agatha. iii. Christian. I. ANDREW RUTHERFURD, son of William Rutherfurd of Wrightslands, and Giles Stewart, entered the French service, and rose to the rank of lieutenant-general, and was highly commended to King Charles n. by the King of France. He was appointed colonel of a regiment of Foot and captain of a troop of Horse on 1 June 1661, 2 and to be Governor and colonel of a regiment at Dun- kirk 10 March 1662,8 of which town he negotiated the sale to the French in 1662 for £400,000. A number of receipts for pay, etc. signed by the officers of the different regiments in the garrison during 1661-62 are preserved among the Rutherfurd papers in the General Register House. In April 1663 he became Governor of Tangier and colonel of the 2nd Tangier Regiment of Foot.4 He was created LORD RUTHERFURD on 19 January 1661, with limitation to him and the heirs-male of his body, whom failing, ' quamcunque aliam personam seu personas quas sibi quoad vixerit quinetiam in articulo mortis ad ei suc- cedendum ac fore ejus haeredes tallise et provisionis in eadem dignitate nominare et designare placuerit, secundum nominationem et designationem manu ejus subscribendam subque provisionibus, restrictionibus et conditionibus a dicto Andrew pro ejus arbitrio in dicta designatione expri- mendis.' By testamentary disposition dated at Portsmouth 5 23 December 1663, when he was embarking for Tangier, he nominated Sir Thomas Rutherfurd of Hunthill to be his heir in his whole estate and dignity of Lord Rutherfurd in virtue of the powers in the patent narrated above. On 2 February 1663 he was advanced to the dignity of EARL 1 Robertson's Proceedings, 308. 2 Dalton's Army Lists, i. 17. 3 Ibid., i. 24. * Ibid., i. 33. 6 Prerogative Court of Canterbury 24 July 1684. BUTHBRFURD, LORD RUTHERPURD 375 OP TEVIOT with remainder to the heirs-male of his body. He was killed at Tangier by the Moors during a sally on 3 May 1664.1 He married (contract dated at Migueri in the Ohasteline of Bois Commune in France 18 April 1651) Susanna de Melville, who, on 18 October 1665, granted a discharge to Thomas, second Lord Rutherfurd, of certain provisions in the said contract.2 He had no issue. By his last will, dated the day of his death, he ordered eight cham- bers to be built in the College of Edinburgh, where he was educated, which was accordingly done, and the following inscription put thereon, ' Musea hsec quatergemina, acade- mies hujus alumnus, Andreas Rutherfordise Regulus, Teviotse Comes, Tangirae Praefectus, belli pacisque artibus domi forisque clarus, testamento extrui jussit, May 3 anno domini 1664.' 3 He was succeeded in the barony of Ruther- furd, by his kinsman Thomas, second Lord, descended from JOHN RUTHERFURD of Hunthill, who succeeded his brother Andrew (see page 371), and was seised in the lands of Nether Chatto and others, which had been in the King's hands since Martinmas, on 12 March 1529-30.4 As brother- german to the deceased Andrew Rutherfurd of Hunthill he had sasine on a precept by Ninian Glendinwyn of that Ilk, superior, of the lands of Scraisburgh and Hunthill, on 28 May 1530,5 and the following day a charter from the said Ninian to him and Christine his spouse, of eight merks of land in the west part of Scraisburgh, etc.8 He had a charter under the Great Seal of the lands of Black- haugh in Ettrick Forest on 6 April 1535,7 and a charter from Ninian Glendinwyn of that Ilk of part of the lands and barony Scraisburgh or Hunthill, which he had purchased on 20 March 1536,8 confirmed 18 April 1537.9 He granted a bond of assurance to the Privy Council on 21 January 1553 to keep good rule within his lands,10 but on 4 December 1561 had to confess he had broken same.11 On 8 November 1555 letters of charge under the signet were obtained at the instance of John Stewart of Traquair against the Sheriff to desist 1 Edin. Tests., 4 October 1672, 8 June 1688. 2 Rutherfurd Charters. 3 Monteath's Theatre of Mortality, ii. 15. 4 Exch. Rolls, xvi. 520. 6 Rutherfurd Charters. 6 Ibid. 7 Reg. Mag. Sig. 8 Rutherford Charters. 9 Reg. Mag. Sig. 10 P. C. Reg., i. 153. « Ibid., 188. 376 RUTHERFURD, LORD RUTHERFURD serving him as heir to his brother Andrew in the barony of Oapehope, alleged to have been resigned by Andrew's wife, and because there was a deadly feud between the Ruther- f urds and the Kers, with whom John was allied by marriage ; x he was, however, served heir to his brother Andrew in said lands on 17 June 1558.2 He signed the bond on 12 February 1571, to rise against the King's enemies, and especially against the Laird of Fairnyhurst and his accomplices,3 and also the bond of Roxburghe to the King and Regent Morton on 28 August 1573. He married, first, Christine Hoppringle,4 and secondly, Isobel, daughter of Sir Walter Ker of Oessford,5 and had issue : — 1. JOHN, his heir. 2. Steven, who as brother to John Rutherfurd of Hunt- hill, was one of a party under the Earl of Angus, who passed * in feir of war ' to the town of Haithpule in the East March of England on 26 January 1580-81, and * committed a great and notable attempt in pre- judice of peace and amity.'6 3. Thomas of Grundisnuke, who was denounced with his brothers for making incursions into England 15 October 1593.7 4. Marietta, said to have been married to William Rutherfurd, shipper in Leith.8 5. Isabel. 6. Mary, married to David Ainslie of Fala. 7. Betty, married to Richard Rutherfurd of Edgerston.9 JOHN RUTHERFURD of Hun thill, called 'The dock of Hunthill,' as son and heir, had a charter from his father to him and Agnes Kirktoun his wife, of certain lands in Serais- burgh on 18 June 1558. 10 In 1565 he signed the bond to support Queen Mary, on 6 April 1659 the bond to the King by the barons and others on the Borders, for the suppression of thieves, etc.,11 and on 12 February 1571 12 the bond against the Laird of Ferniehurst. He was present with all his sons at the battle of Redswyre in 1575, and on 6 March 1 Rutherfurds of that Ilk, ii. Ixxxvii. a Rutherfurd Charters. 3 P. C. Reg., ii. 117. * Rutherfurd Charters. 5 Rutherfurds of that Ilk, ii. Ixxxvii. 6 P. C. Reg., iii. 354. 7 Ibid., v. 101. 8 Rutherfurds of that Ilk Pedigree. 9 Seventh Rep. Hist. MSS. Com., 737. 10 Rutherfurd Charters. " P. C. Reg., i. 561. « Ibid., ii. 117. BUTHBRFUBD, LORD RUTHBRFURD 377 1576, as younger of Hunthill, lie had a charter by Archibald, Earl of Angus, confirming him in the lands of Hardaneheid in the barony of Oxnam.1 He married Agnes Kirktoun, and is also said to have married his cousin Grizel Home of the Cowdenknowe family. He had issue : — 1. THOMAS, his heir. 2. William, charged along with his brothers Robert and Thomas and others with having at a horserace in Teviotdale 'schot and delaschit ilk ane at utheris pistolettis and hacquebuttis ' 16 June 1601 .* 3. George. 4. Andrew. 5. Percie. 6. Steven. 7. Robert, a witness to a charter by his father and brother to James Ker of Ohatto, dated 24 July 1609.3 8. John, as brother to Thomas Rutherfurd, younger of Hunthill, a witness to a bond of caution by said Thomas on 17 October 1603.4 He was appointed Sheriff-depute of Roxburgh in 1619, and had the lands of Hyndhousefield and Howdenbraes, Jedburgh, and the Maison Dieu lands confirmed to himself, Barbara his wife, and John his eldest son, by Sir John Ker of Jedburgh on 24 March 1623. He married Barbara, daughter of James Gladstanes of Oocklaw and that Ilk,5 and was ancestor of the Bankend family. His alleged great-great-great-grandson John Rutherfurd unsuccessfully claimed the barony of Rutherfurd in 1835 and again in 1839, when on 26 July it was found he had not made out his claim, on the ground that evidence of the death of Robert, fourth Lord, with- out issue, had not been produced. 9. Grizel, married to the eldest son of Ormiston of that Ilk. 10. Janet, married to Adam Rutherfurd of Ohatto; and five other daughters. THOMAS RUTHERFURD of Hunthill was denounced rebel 1 Rntherfurd Charters. 2 P. C. Reg., vi. 259. 3 Reg. Mag. Sig., U January 1614. * P. C. Reg., vi. 806. 6 Part. Reg. Sas. Roxburgh, 18 September 1620. 378 RUTHERFURD, LORD RUTHERFURD along with his father on 23 September 1592, for not appear- ing before the Privy Council to answer tending the treason- able reset and intelligence had between them and Francis, sometime Earl of Bothwell,1 and a warrant to apprehend him as such, and for remaining in the burgh of Edinburgh, was issued on 8 December 1592,2 but he had a remission 26 July 1593.3 He had a charter, dated 13 June 1603, of the lands of Scharplaw and Lynhouses and others from his father to him as son and heir, and to his future wife Alison Edmonstone, relict of David Edmonstone of Wolmet, in implement of their marriage-contract, dated at Edinburgh and Wolmet 26 and 27 May 1603 (in which she is erroneously called Helen Edmonstone), with the proviso that the heirs of his former marriage with Jean Oranstoun may redeem the lands from the heirs of the present marriage for 4000 merks, which charter was confirmed under the Great Seal on 30 June 1612.4 He married, first, Jean, daughter of John Cranstoun of that Ilk,5 and secondly, in 1603, Alison, widow of David Edmonstone of Wolmet.6 She survived him, and was buried in the Greyfriars Churchyard, Edinburgh, 16 February 1662. He had issue by first marriage : — 1. JOHN, his heir. 2. Thomas, died unmarried. 3. Andrew. 4. Grizel, eldest daughter, married (contract dated at Wowlie 15 April 1612) to Adam Kirktoun of Stuart- field. They had a charter on their marriage-contract of the lands of Bonjedburgh on 10 October 1616, which was confirmed under the Great Seal 26 Decem- ber 1616.7 5. Jean. 6. Elspeth. Issue by second marriage : — 7. Anna, who with her brothers and sisters above is mentioned in a summons at the instance of Alexander Duff, Clerk of Exchequer, against them.8 She was served heir to her father as only daughter and heiress of the second marriage, 14 November 1648.9 She 1 P. C. Reg., v. 13. 2 Ibid., 27. 3 Ibid., 92. * Reg. Mag. Sig. 6 Ruth erf urd Peerage Case, 7. 6 Ibid. 7 Reg. Mag. Sig. 8 Acts and Decreets, 31 July 1619, 268, 334. 9 Rutherf urd Peerage Case. RUTHBRFURD, LORD RUTHERFURD 379 was married to James Aitken, minister of Birsay, in Orkney, afterwards Bishop of Galloway and Moray, and was buried in the Greyfriars Churchyard, Edin- burgh, 25 March 1692.1 JOHN RUTHBRFURD of Hunthill had a charter under the Great Seal, as eldest son, of the lands and barony of Serais- burgh, alias Hunthill, and others, which William, Lord Cranstoun, held of the King under charter of recognition, and had resigned,2 dated 20 July 1615.3 He conveyed to James Ker of Ohatto, on 24 April 1626, the lands of Nether Ohatto and others, redeemable for 16,000 merks.4 On 22 June 1624 he was served heir to his grandfather John Rutherfurd of Hunthill, in the lands and barony of Serais- burgh and others,5 and was representative in Parliament for Roxburghshire 1630. He married (contract dated at Edin- burgh and Jedburgh 21 and 24 July 1620) Alison, fifth daughter and coheiress of Andrew Ker, first Lord Jed- burgh;6 she was alive 25 November 1648.7 He had issue : — 1. ANDREW, his heir. . 2. JOHN, succeeded his brother. 3. SIR THOMAS, who became second Lord Rutherfurd, 4. ARCHIBALD, third Lord Rutherfurd. 5. ROBERT, fourth Lord Rutherfurd. 6. Lilias, married (contract dated at Holyroodhouse 1 December 1666) to Henry Ker of Graden, and had issue. 7. Isabel, married (contract 18 August 1675) to Alex- ander Burnet of Oarlops, advocate. She was execu- trix of Andrew, Lord Teviot.8 8. Helena, married to Thomas Lewin of Amble, Northum- berland, merchant in Newcastle. She was executrix of her brother Thomas, second Lord.9 9. Anna, married to Mr. Thomas Abernethy, minister of Hounam 1640-69. 10. Margaret, married to William Elliot of Dinlay- byre.10 1 Reg. of Burials, Greyfriars. 2 Instrument of Resignation 20 July 1615 ; Rutherfurd Charters. 3 Reg. Mag. Sig. 4 Ibid., 5 February 1628 and 9 July 1631. 5 Rutherfurd Charters. 6 Reg. Mag. Sig., 5 February 1628. 7 Ibid., 4 April 1649, when he is erroneously called of Hundolee. 8 Edin. Tests., 4 October 1672. 9 Ibid., 20 November 1668. 10 Peerage Case, 11. 380 RUTHERFURD, LORD RUTHERFURD ANDREW RUTHERFURD of Himthill, as eldest son of John Rutherfurd of Hunthill, had a charter under the Great Seal to him and Margaret Livingstone, his wife, of the lands of Scraisburgh and others on 30 July 1647.1 He died in Feb- ruary 1650.2 He married, 4 March 1647,3 Margaret, eldest daughter of William Livingstone of Kilsyth. She survived him and married, secondly, 31 May 1654, William Pearson, advocate. He had issue : — Margaret, called only daughter in 1663 ;4 married, 31 October 1671, 5 to Alexander Durham of Largo. JOHN RUTHERPURD of Hunthill was served heir to his brother Andrew on 17 September 1652,6 and had precept of sasine thereon 30 October 1652,7 on which he was infeft in Scraisburgh on 10 November 1652.8 He was buried at Jed- burgh 20 March 1656.9 Dying unmarried, he was succeeded by his brother Sir Thomas aftermentioned. II. SIR THOMAS RUTHERFURD of Hunthill, second Lord Rutherfurd, served heir to his brother John in the barony of Scraisburgh 13 May 1656,10 and had precept from Chan- cery, as such heir, 15 May 1658.11 He was served heir of tailzie in general and special to Andrew, Earl of Teviot, Lord Rutherfurd, on 16 March 1665, had a precept from Chancery thereon 13 April 1665,12 and a charter of novo- damus of the lands of Scraisburgh and others, erecting his estates into the barony of Rutlierfurd, 8 June 1666," on which he had precept of sasine the same day.14 He died 11, and was buried 16, April 1668, at St. Paul's, Covent Garden.15 By his last will and testament, dated 8 April 1668, he nominated to the said lordship of Rutherfurd, after his own heirs, male and female, his brothers Archi- bald and Robert, and their heirs; whom failing, William Rutherfurd of Bankend. He married (contract dated 24 February 1663 16) Christian, daughter of Sir Alexander 1 Rutherfurd Charters ; Beg. Mag. Sig. z Edin. Tests., 18 August 1652. 3 Edin. Reg. of Mar., contract dated 25 February 164?, Oxenfoord Papers. 4 Peerage Case. * Edin. Reg. of Mar., contract dated 13 October 1671. 0 Retours, Roxburgh, 202. 7 Rutherfurd Charters. 8 Ibid. 9 Funeral invitation at Mertoun. 10 Retours, Spec. Roxburgh, 224. u Rutherfurd Charters. « Ibid. 13 Ibid. " Ibid. 16 Edin. Tests., 20 November 1668 and 6 August 1676. 16 Reg. of Deeds, M'Kenzie, 26 February 1666. RUTHERFURD, LORD RUTHERFURD 381 Urquhart of Oromarty, with whom he had 18,000 merks as tocher, but had no issue. She survived him and married, before 8 July 1669, secondly, James, second Viscount Frendraught, who died about 1674; and, thirdly, George Morrison of Bognie, both dying before 1 August 1699. III. ARCHIBALD, third Lord Rutherfurd, was served heir to his brother Sir Thomas in the lands and baronies of Newlands, Scraisburgh, and others, 8 February 1670. He was betrothed to Janet Dalrymple, daughter of James, first Viscount Stair, without the knowledge of her parents, but she was compelled by her mother to renounce her engage- ment to him, and to marry David Dunbar of Baldoon, with the disastrous consequences related by Sir Walter Scott in the Introduction to the Bride of Lammermoor, forming the facts on which that novel is founded. He died, un- married, 11 March 1685.1 IV. ROBERT, fourth Lord Rutherfurd, served heir-male to his brother Archibald in the lands of Scraisburgh alias Hunthill, Nether Ohatto, and others, 4 June 1685,2 and had a precept from Chancery thereon 18 July 1685.3 He dis- poned Hunthill to Thomas Rutherfurd of Wells on 20 May 1703, and the lands were resigned into the hands of the Crown for new infeftment to the disponee 4 August 1703.4 He died 1724. He married, before 15 December 1690,5 when she had a charter under the Great Seal of the barony of Scraisburgh, Dame Sara Owens or Ollens, upon whom he settled an annuity of 2000 merks, payable out of the lands of Nether Ohatto. He had issue : — 1. Robert, baptized at Ashington, Northumberland, 3 November 1709, but who predeceased his father.6 On the death of Robert, fourth Lord Rutherfurd, the title was assumed, as before-mentioned, by George Durie of Grange (see p. 373), and also by Captain John Rutherfurd, who claimed to be descended from Richard Rutherfurd, whom he alleged was a son of John Rutherfurd, * the 1 Peebles Tests., 7 April 1691. 2 Rutherfurd Charters. 3 Ibid. * Ibid. 6 Ibid. 6 Rutherfurd Peerage Case, 10. RUTHERFURD, LORD RUTHERFURD Oock of Hunthill ' (see p. 376). He was, however, descended from WILLIAM RUTHERFURD of Littleheucli, who may have been a son of John Rutherfurd of Hunthill. It was alleged by the counter-claimant, George Durie, that he was a natural son of Andrew Rutherfurd, of the family of Edger- ston, who was tenant of Oockplays.1 He had issue : — 1. RICHARD, his heir. 2. Andrew, son of William Rutherfurd of Littleheucli, kinsman and tenant of John Rutherfurd of Hunthill, charged with an attempt on Englishmen 1 July 1590.2 3. Adam. 4. William. RICHARD RUTHERFURD of Littleheugh, portioner of Caip- hope, called * Dickon draw the Sword,' was served heir to his father 2 March 1624,3 and died 1634. He married Lilias, daughter of James Gladstanes of Oocklaw and that Ilk, and had issue : — 1. Walter, died s.p. 2. JOHN, his heir. JOHN RUTHERFURD of Oapehope, served heir to his father in lands of Philliphope and others, in barony of Oapehope, 6 April 1626, and in Oapehope on 1 March 1643,4 and had a precept of clare constat, as heir of his father, from Andrew Rutherfurd of Hunthill 4 February 1648,5 on which he was seised 9 March 1648.9 He died 1679. He married (contract dated 24 January 1627) Euphan, daughter of William Gled- stanes of Dod, and had issue : — 1. Walter, eldest son, had sasine of the lands of Lynbrods and Huntliedene or Greenhills on 26 July 1670, and sold most of his property to Francis Scott. He married Margaret, daughter of Andrew Pringle of Orichton,7 and had issue : — (1) John, portioner of Capehope, killed in a duel on Leith Sands by Captain Bayliss. He married Janet, daughter of Andrew Ainslie of Blackhill, and had issue: — 1 Robertson's Proceedings, 254. * P. C. Beg., iv. 793. 3 Betours, Gen., 1117. * Betours, Spec. Roxburgh, 180. 6 Rutherfurd Charters. 6 Ibid. f Sasine, 2 March 1672. 383 i. Andrew David, portioner of Capehope ; married Mar- garet, daughter of Robert Rutherfurd of Fairnielee, and had issue Elizabeth, married, as first wife, April 1768, to Walter Scott of Wauchope, and died s.p. in 1772. (2) Robert, captain in the Army ; died unmarried. (3) Jean, married to Colonel Peacock. 2. JOHN, next mentioned. JOHN RUTHERFURD of Oapehope and Kirkraw, married Cecilia, daughter of Archibald Bennet of Ohesters, and had issue : — 1. JOHN, his heir. 2. Margaret, married to Charles Scott of Palace Hill, second son of Sir John Scott of Ancrum, Bart., and had issue. V. JOHN RUTHERPURD, captain in Scots Grenadiers, dis- tinguished himself at the siege of Lisle 1708 ; was served heir-general to John Rutherfurd of Hunthill, 'The Cock,* whom he alleged was his great-great-grandfather, to his grandfather John Rutherfurd of Capehope, and to Robert, fourth Lord Rutherfurd, on 16 August 1737.1 He there- upon assumed the title of Lord Rutherfurd, and protested against George Durie of Grange assuming the title at all the elections of Representative Peers from 1734 to 1744.2 He also voted at the elections of 1739 and 1741 ,3 as did also his opponent at that of 1739, and died at London 15 January 1745, aged sixty-two,4 and was buried at St. James's, West- minster. He married Isabel Ainslie, who predeceased him, and had issue. VI. ALEXANDER RUTHERFURD, who assumed the title on his father's death, and protested against George Durie's assumption of the same at election of Representative Peers in 1750 ; 5 voted as Lord Rutherfurd at those of 1752 and 1754 along with his opponent ; 8 presented a petition claiming the Peerage in 1761, but was prohibited by the House of Lords from using the title, until he had made good his claim, on 15 March 1762.7 He was captain in the Earl 1 Services of Heirs. z Robertson's Proceedings, 154, 179, 187, 189, 191 232, 239. 3 Ibid., 199, 234. 4 Scots Mag. 6 Robertson's Proceedings, 271. 6 Ibid., 299. T Ibid., 308. 384 RUTHERFORD, LORD RUTHERFURD of Orawfurd's troop of Guards and captain-lieutenant in the Royal Horse Guards 16 April 1757. He died at Scar- borough 25 October 1766,1 unmarried. The title was assumed by John Anderson of Goland, whose mother was a sister of George Durie, and he voted at the Peers' election in November 1787,2 but his vote was dis- allowed in terms of the resolution of 1762 above mentioned. CREATIONS. — Lord Ruth erf urd, 19 January 1661 ; Earl of Teviot, 2 February 1663. ARMS (not recorded in Lyon Register). — Argent, an orle gules, and in chief three martlets sable, all within a bordure azure charged with thistles, roses, fleurs-de-lys and harps or, alternately. OREST. — A mermaid holding in the dexter hand a mirror and in the sinister a comb, all proper. SUPPORTERS. — Two horses proper. MOTTO. — Provide. [F. j. G.] Scots Mag. 2 Robertson's Proceedings, 456. LOED RUTHVEN OF FREELAND IR THOMAS RUTHVEN, first Lord Ruthven of Freeland, was son of William Ruthven of Free- land, in the county of Perth, and great-grand- son of William, second Lord Ruthven. (See title Gowrie.) He was served heir to his grand- father Alexander Ruth- ven of Freeland 16 Decem- ber 1609, and to his father on the same day, and on 10 March 1610.1 He had confirmation of a charter, dated 24 October 1608, by Sir James Forrester of Garden to his father William Ruthven of the lands of Kirktoun of Mailer, on 21 Decem- ber 1609.2 He was knighted by King Charles I. at Dal- keith 12 July 1633, was a Commissioner for the Treaty of Ripon 1641, and sat in Parliament for Perthshire 1639-41, 1645-46, and 1649-50.3 In 1642 he was on a Com- mission directed against Jesuits and others,4 and appears in April 1643 as having lent £1200 for the maintenance of the Scottish Army in Ireland.5 He was colonel of one of the regiments sent against the Marquess of Huntly in 1644, and was afterwards on several Committees of the Estates, 1646-47. Later he was one of the Colonels for Perthshire for putting the nation in a posture of defence after the execution of Charles I., as well as Commissioner of the 1 Retours, Perthshire. 2 Reg. Mag. Sig. 3 Acta Part. Scot., v. vi. passim. * P. C. Beg., 2nd ser., vii. 290. 6 Ibid., 2nd ser., viii. 84. VOL. VII. 2 B 386 LORD RUTHVBN OF FREELAND Exchequer in 1649.1 He obtained a charter of the lands and mill of Forteviot and others held by him and his predeces- sors ' de Comitibus de Gowrie et Dominis Ruthvin,' united into the barony of Kirktoun of Mailer 7 February 1650.1 He was elevated to the Peerage by King Charles 11. during his residence in Scotland, between 31 March 1651 and 24 May of the same year, when he appears as LORD RUTHVEN OF FREELAND.3 The patent of the title is believed not to be extant, and was, according to Douglas, burned with the house of Freeland 15 March 1750,4 although it probably disappeared sooner. The limitation of the Peerage is therefore a matter of controversy. According to the Macfarlane MS. it was to ' heirs-male.' Orawfurd, however, stated that the Peerage died with the second Lord, when heirs-male still existed. Yet the title, as of a living Peerage, was retained on the Union Roll of 1707, although the second Lord, who left no issue, had died six years previously, leaving only a younger sister surviving. Although the Peerage is not included in The British Compendium, an account of the Scots Peers printed in 1720, the title of Ruthven, then claimed and assumed without opposition by James, Lord Ruthven, was not alluded to in the report on the dubious Peerages by the Lords of Session to the House of Peers in 1740. There can be no doubt that, owing to this lack of evidence of the destination in the patent, the legality of the title has been doubted since, at least, the time of Lord Hailes, circa 1764, and yet the claim has been persisted in by each successor since the death of David, second Lord Ruthven, in 1701, without opposition ; the heir assuming the title as if (as is possible) the limitation was governed either by the entail of the estates made by its second holder, or, if we disallow the claim to the Peerage of his youngest sister Jean, as if the patent had been to the heir of line of the grantee.5 The first Lord Ruthven had a charter of the third part of the lands of Forgandenny, 1 Wood's Douglas, ii. 464. 2 Reg. Mag. Sig. s Ada Parl. Scot., vi. pt. 2, 662, 668. * Wood's Douglas, ii. 464. 6 The chief arguments for and against this claim (and all have been considered in this article) are to be found in J. H. Stevenson's The Ruthven of Freeland Peerage, and in the criticisms thereon by J. Maitland Thomson and Horace Round in the Scottish Historical Review, iii. 104 et seq., 194 et seg., 339 et seq., 476 et seq., where many authorities are given, not always cited here. LORD BUTHVEN OP FBEELAND 387 in Perthshire, 3 August 1663, and died 6 May 1671. ' He married Isabel, third daughter of Robert, Lord Balfour of Burleigh, and had issue : — 1. DAVID, second Lord Ruthven. 2. Anne, eldest daughter, died 1689. She was married, first, in August 1661,2 to Sir William Ounynghame of Ounynghamehead, Baronet, who died April 1671 ; 3 and secondly, to William Cunningham, younger, of Oraigends.4 By her first marriage she had a son, (1) Sir William Cunynghame of Cunynghamehead, Bart. , who, if the title was limited to heirs of entail, succeeded his aunt Jean in the barony. He, however, only survived her for six months, but assumed the name of Ruthven. As 'William Cunningham of Cunninghamhead ' he had been served heir to his mother 21 March 1689.6 He died s,p. October 1722, unserved as heir to his aunt, and uninfeft. 3. Elizabeth, who died before her brother, having been married to her kinsman Sir Francis Ruthven of Red- castle, Baronet,6 and had an only daughter, (1) ISABEL, Baroness Ruthven. See below. 4. JEAN, of whom afterwards. II. DAVID, second Lord Ruthven, the only son, was educated at St. Andrews7 and served heir to his father 16 May 1673.8 He was one of the Lords of the Privy Council in 1689." He executed an entail of his lands on his youngest sister Jean, and other heirs, 26 October 1674,10 and died, without issue, in April 1701. " III. JEAN, Baroness Ruthven, youngest sister and heir, immediately assumed the title, being styled 'Jean, Lady Ruthven,' in a notarial instrument of sasine and bond 10 December 1702. She became executor to her brother, 4 January 1703, as 'Mrs. Jean Ruthven,' but in 1709 was again styled 'Jean, Lady Ruthven.' It is stated that she was summoned as a Baroness to the Coronation of 1 Stevenson, correcting Douglas and Crawfurd. 2 Stodart Fed., L. O. 3 Brodie's Diary. 4 See the entail of 1674, Reg. of Tailzies, v. f. 329. 6 Retours, Gen., 6959. 6 Cf. vol. iv. 103 of this work. 7 Lament's Diary, 211. 8 Retours, Perth, No. 853. 9 Ada Parl. Scot., ix. App. 135. 10 Beg. of Tailzies, ut sup. " Dunkeld Tests. 388 LORD RUTHVBN OF FREELAND George I. in 1714.1 On 9 September 1721 she was, as Jean, Lady Ruthven, served heir of taillie and provision special to her brother. On 4 November, however, she presented a petition to the Court of Session as ' Mrs. Jean Ruthven,' and her testament-dative was given up under the same designation at her death, unmarried, in April 1722. Her niece, and eventual successor, giving up an additional inventory, styled her aunt ' Jean, Lady Ruthven,' and she herself had granted, on 27 April 1721, an assignation to her niece under the same title.2 IV. ISABEL, Baroness Ruthven, niece and heir of Jean, Lady Ruthven, and cousin and heir of Sir William Ounyng- hame or Ruthven. She took up her inheritance under the entail of 1674 as well as by being the heir of line of David, second Lord Ruthven, the entailer. She was summoned as a Baroness to the Coronation of George n. in September 1727,3 and the summons is said to have been carefully pre- served by her 4 as a proof of her Peerage. She was married to James Johnstone of Graitney, in the county of Dum- fries (son of William Johnstone of Graitney), colonel of the 3rd Regiment of Foot Guards, who assumed the name of Ruthven. She died in June 1732. Her testament-dative describes her as * Isobell, Lady Ruthven, spouse to Oollonell James Ruthven of Graitney,' which probably shows that her husband survived her, although it was given up by * James Ruthven, Esquire of Ruthven,' her son. She had issue : — 1. JAMES, who succeeded her. 2. Anne, married, first, 25 April 1724, to Mr. Henry Rollo,5 second son of Robert, fourth Lord Rollo, but had no issue; secondly, to Frederick Bruce of Bunzeon in Fife, without issue.6 V. JAMES, fifth Lord Ruthven, succeeded his mother in 1732, and as ' James Ruthven of Ruthven ' was served heir of taillie and provision-general to his granduncle David, second Lord, 21 February 1733.7 He voted at several elections of 1 Douglas, although he calls her ' Isabel.' 2 Stevenson. 3 Douglas. * Cf. Lord Hailes. 6 Stevenson, 79. 6 Wood's Douglas, ii. 399-464. 7 Services of Heirs. LORD BUTHVEN OF FREELAND 389 Representative Peers of Scotland from 21 September 1733 to 13 November 1774, without challenge. He and his wife were summoned to attend the Coronation of George in. in 1761.1 He died at Edinburgh 3 July 1783, having married, first, Janet, daughter of William Nisbet of Dirleton ; and, secondly, July 1736,2 Anne Stewart, daughter of James, second Earl of Bute, who died at Oumbernauld House, 28 November 1786. Had issue :— 1. JAMES, who succeeded. 2. William second child of the first marriage, born 16 February 1735,3 died unmarried. 3. Stewart James, eldest son of the second marriage, born 29 November 1739, died unmarried. 4. Jo/in, born 29 March 1743, a captain in the Royal Navy 24 May 1762, when he commanded the Terpsichore, of 26 six-pounders, and captured the Marquis de Marigny of 20 nine-pounders, after a severe conflict in which he was wounded. He died, unmarried, at Knights- bridge, 14 December 1771,4 aged twenty-six. .5. Anne, born 3 October 1737, who was married, early in 1764, to John, eleventh Lord Elphinstone. She died at Oumbernauld 28 October 1801, having had issue.5 6. Isabel, born 6 November 1738, married to Captain John Macdougal, younger of Macdougal. He died at Bom- bay 27 April 1775; and she died at the same place 4 September following.6 7. Wortley-Montagu, born 9 September 1741, who died unmarried, at Edinburgh, 4 March 1768.7 8. Elizabeth Maria, married at Edinburgh, 18 July 1763, to Sir Robert Laurie of Maxwellton, Bart., who divorced her 2 February 1774.8 9. Jean, born 11 October 1745, died young. 10. Grace, baptized 5 November 1746, died young. 11. Janet, born 7 December 1747, who was married in August 1765 to Wade Toby Caulfield, of Raheenduff, 1 G. E. C., Complete Peerage, vi. 460. 2 Vide vol. ii. 301 of this work. 3 This and the other dates of birth are from the Forgandenny Register. 4 Gentleman's Magazine. 6 Vol. iii. 550 of this work. 6 Wood's Douglas, ii. 464, which is followed where possible. 7 Scots Mag. 8 Consistorial Processes, etc., Scot. Record Soc., No. 626. 390 LORD RUTHVBN OF FREELAND Queen's Co., captain in the 3rd Regiment of Dragoon Guards, and dying in June 1785, left issue. 12. Crawford, born 15 July 1749, died young. VI. JAMES, sixth Lord Ruthven, eldest son by his first marriage, born 16 December 1733.1 Succeeded his father 3 July 1783. He entered the Army in 1755, and was captain in the 12th Regiment of Foot in 1762. He voted at the general election of Peers 8 May 1784,2 and died at Melville House, in Fife, 27 December 1789. He married, at Edin- burgh, 8 or 12 November 1776, his cousin Mary Elizabeth Leslie, second daughter of David, sixth Earl of Leven and Melville, born 4 March 1767, who survived him, dying at Freeland House 7 October 1820.3 They had issue : — 1. JAMES, who succeeded. 2. David, born 11 December 1781, died young. 3. David, born 22 August 1787, who was placed on the Bengal Civil Establishment 1805, and died at Madras 7 September 1808, in his twenty-second year, un- married. 4. Willielma, born 18 November 1778, died 18 December 1839. 5. Janet Anne, born 15 or 25 April 1780, died at Bristol Hot Wells 31 October 1804. 6. Jane, died at Freeland House 1 March 1804. 7. Isabella, died at Melville House 13 November 1787. 8. MARY ELIZABETH THORNTON; succeeded her brother as Baroness Ruthven. 9. Charlotte Rebecca, died at Freeland House 19 March 1804. VII. JAMES, seventh Lord Ruthven, succeeded his father. He was born at Melville House 17 October 1777 ; entering the Army, he was major in the 90th Regiment of Foot 1802, and quitted the service in 1807. He died, without issue, at Freeland House 27 July 1853, and was succeeded by his eldest surviving sister Mrs. Hore. He had married 20 December 1813, Mary Hamilton, daughter of Walter Campbell of Shawfield, and eventual heiress of the estates 1 Canongate Reg. 2 G. E. C., Complete Peerage, vl. 461. 3 See Fraser's Melvilles, Earls of Melville, i. 350. LORD RUTHVEN OF FREELAND 391 of her maternal uncle John Hamilton Nisbet of Pencaitland. She, who was known for her wit and kindness, died, aged ninety-six, at Winton Castle, Haddington, 5 April 1885. VIII. MARY ELIZABETH THORNTON, Baroness Ruthven, succeeded her brother in 1853. She was born in 1784, and was married at Freeland House 13 October 1806, to Walter Hore of Harperstown, co. Wexford. He was born 6 June 1784, was High Sheriff for that county in 1828, and assumed the additional name of Ruthven on his wife's accession to the title. He died aged ninety-three 16 April 1878, and the Baroness died at Freeland 13 February 1864,. They had issue : — 1. William Hore, 75th Regiment of Foot, died vita matris 12 May 1847, having married, 16 May 1836, Dells Honoria, daughter of Lieutenant-Colonel Pierce Lowen, K.H., who died 9 November 1883, aged sixty- four, and had issue : — (1) WALTER JAMES, succeeded his grandmother. (2) Charles Edward Stewart Hore-Iiuthven, late 51st Regiment, born 21 April 1840, married, in 1875, Marianne, second daughter of Colonel Edward Robert Wood of Stouthall, co. Glamorgan. (3) Mary Lowen, born 1842, died 4 February 1869, having been married, 7 June 1860, to the Rev. Walter H. Sutton, with issue. (4) Wilhelmina Dells Owena, born 1845, married, 19 June 1879, to the Rev. Charles Bodval Griffith, Rector of Bishopstone, Hereford, with issue. (5) Maria Frederica, born 1847, died unmarried 14 August 1897. 2. James Ruthven, in holy orders, died in January 1839. 3. Alexander Leslie Melville, captain 2nd Berkshire R. V.r died 14 May 1877. 4. James Stopford, died in 1827. 5. Cavendish Bradstreet, lieutenant R.N., died of wounds received at Sebastopol 22 October 1854. 6. Walter, major Hon. East India Company's Service, died 5 March 1856. 7. Mary Elizabeth, born 4 January 1808, died unmarried 28 March 1895. 8. Eleanor Catherine, born 26 June 1809, died unmarried 27 March 1866. 9. Anna, born 21 September 1818, died unmarried 1893. 10. Wilhelmina, born 1819, died unmarried 14 October 1889. 392 LORD RUTHVEN OF FRBBLAND 11. Jane Stetuart, who was married, 1 May 1858, to George O'Grady of Plattenstown, co. Wicklow, nephew of the first Viscount Guillamore. He died s.p. 11 November 1872. 12. Georgina Jocelyn, born 1827, died unmarried 29 May 1901. IX. WALTER JAMES HORE-RUTHVEN, ninth Lord Ruthven, succeeded his grandmother. He was born at Plymouth 14 June 1838, and took the name of Ruthven on the death of his uncle in 1853. He entered the Rifle Brigade 1854, was captain in 1859, and serving in the Crimea, India, and Abyssinia, received the Crimean medal and clasps as well as the Medjidieh and the Indian Mutiny medal. He married, at St. Paul's, Knightsbridge, 21 August 1869, Caroline Annesley Gore, eldest daughter of Philip Yorke, fourth Earl of Arran, by Elizabeth Marianne, daughter of General Sir William Francis Patrick Napier, K.C.B. She was born 13 October 1848. They have issue : — 1. Walter Patrick, Master of Ruthven, D.S.O., J.P. and D.L., co. Lanark, major Scots Guards, A.D.C. to H.R.H. the Duke of Connaught. He served in the South African War 1899-1902, and was three times mentioned in despatches, receiving the medal with nine clasps. Born 6 June 1870, married, 23 April 1895, Jean Leslie, only daughter of Norman George Lampson, D.L., by his wife Helen Agnes Smith, daughter of Peter Blackburn, M.P., of Killearn, Stirlingshire, and has issue : — (1) Bridget Helen, born 27 July 1896. (2) Jean Elizabeth St. Loe, born 24 February 1898. (3) Alison Mary, born 12 June 1902. (4) Margaret Leslie (twin), born 12 June 1902. 2. Alexander Gore Arkwright, V.C., captain 1st Dragoon Guards, Military Secretary to the Governor-General of Australia. He served in the Soudan in 1898, being present at the battle of Gedarib, was twice mentioned in despatches, and received the Osmanli Order, and in 1903 was in Somaliland. He was born 6 July 1872, and married 1 June 1908, Zara Eileen youngest daughter of John Pollok of Lismany, co. Galway. LORD RUTHVEN OF FREELAND 393 3. Christian Malise, D.S.O., born 24 April 1880 (for whom H.R.H. Princess Christian of Schleswig- Holstein stood sponsor), captain Black Watch. He served in South Africa 1899-1903, and was three times mentioned in despatches. 4. Philip James Leslie, lieutenant, Highland Light In- fantry, born 7 June 1882, served in the South African War 1901, married, 8 March 1906, Lydia Gladys, youngest daughter of Henry Adams of Cannon Hill, Berks. He died, without issue, 18 May 1908. 5. Beatrix Mary Leslie, born 4 June 1871. She was married, first, 5 December 1888, to Charles Lindsay Orr-Ewing, M.P. The marriage was dissolved in 1894, and she was married, secondly, 28 December of that year, to Charles Edward Malcolm of Max- toke Castle, Warwickshire, late lieutenant Scots Guards. CREATION. — Lord Ruthven of Freeland, between 31 March and 24 May 1651. ARMS (recorded in Lyon Register). — Paly of six argent and gules. CREST. — A goat's head couped argent, attired and maned or. SUPPORTERS. — Two goats argent, armed as the former.1 MOTTO. — Deeds Shaw. [A. F. s.] 1 The crest and supporters usually borne are a ram's head, and a goat and ram. STEWART, LORD ST. COLME ENRY STEWART, second son of James, Lord Doune, and brother of that James Stewart, Master of Doune, who married Elizabeth Stewart, daughter of the Regent Moray, and thus became, jure Maoris, Earl of Moray, had a charter of the lands of Emyrcreichan and Oros- tenterray, in Strathearn, 19 December 1576 :l also one of the fee of the lands of Moucastell, Easter Dullatur and others, in Menteith,2 24 November 1579. He was still under age on 4 March 1582-83, when his father appears as his * legitimus administrator ' in the resignation of certain lands of Drumfad,3 but before that he had had a grant, pro- bably from his father, who was also Oommendator, of the Oommendatorship of the Abbey of St. Oolme's Inch, a grant which was ratified by Parliament in 1581. 4 On 23 August 1584 he had a gift of the liferent of the Priory of Inchma- home,5 and on 1 March 1608 a charter of the lands of the Mains of Invermay and others, apprised by him from Sir Robert Graham of Scotstoun.6 On 7 March 1611 he had a charter of the monastery of St. Oolme's Inch and the lands belonging to the same in Fife, Edinburgh, and elsewhere, and at the same time was created a Lord of Parliament under the title of LORD ST. COLME, with remainder to 1 Beg. Mag. Sig. Mag. Sig. 6 Ibid. 394 2 Ibid. 8 Ibid. 4 Acta Part. Scot., iii. 276. 5 Reg. STEWART, LORD ST. OOLME 395 his heirs-male and assigns whatsoever.1 He died 12 July 1012.2 having married, contract 5 and 8 December 1603, Jean Stewart, fourth daughter and coheiress of John, fifth Earl of Atholl. She was married, secondly, to Mr. Nicol Bellenden of Standenflat, and died at Newbattle 19 July 1623.3 Lord St. Oolme had issue, one son, II. JAMES, second Lord St. Coline. He was served heir to his father 27 October 1642,4 but long before that most of the lands had been acquired by the Earl of Morton by an apprising, 25 June 1614,5 and they were by him resigned in favour of the Earl of Moray 26 February 1620.6 Lord St. Oolme himself did not remain in Scotland, but went abroad and entered the service of the King of Sweden. The date of his death, which probably took place abroad, has not been ascertained, but when it occurred the title, under the designation in the charter of 1611, passed to his cousin, the Earl of Moray, who also held the estates. CREATION.— Lord St. Colme, 7 March 1611. ARMS. — The only authority for Lord St. Oolme's arms that has been found is in the MS., attributed to Workman, and annotated by Sir James Balfour, in the Advocates' Library. They are there given as follows : — Quarterly : 1st and 4th, or, a lion rampant within a double tressure flory counter- flory gules ; 2nd and 3rd, or, a fess chequy azure and argent, with a label of three points gules in chief, all within the royal tressure gules ; on an escutcheon of pretence argent on a mount in front of a tree vert, a hart gules, attired azure. OREST. — A lion's head gules. SUPPORTERS. — Dexter, a lion rampant gules ; sinister, a greyhound proper, collared gules. [J. B. P.] 1 Beg. Mag. Sig. 2 Ibid., 25 January 1614. 3 Edin. Tests., 28 March 1627. 4 Betours, Fife, 649 : in the Complete Peerage (vii. 11 n. (a)) the editor states that this date which is given in Douglas's Peerage is a mis- take for 1612. This is not an unnatural supposition, but as a matter of fact the service was actually of the date given in the text. 5 Beg. Mag. Sig. « Ibid. ABERNETHY, LORD SALTOUN HE origin of the family of Abernethy is obscure. Lord Saltoun l gives it as his opinion that in the twelfth century its re- presentatives occupied the position of lay abbots of the Ouldee monastery of Abernethy, in Strath- earn, and that it may therefore be concluded that they were not among the Saxon or Norman immigrants who, at various periods, en- tered Scotland from the south, but were de- scended from some ancient Pictis,h or Scottish source, or from some adventurous Scandinavian settler from the north. The first of the family, however, found in historical record is HUGH, who lived during the reigns of Alexander I., David I., and perhaps Malcolm the Maiden. He appears to have died about the middle of the twelfth century.2 He had a son, ORM DB ABERNETHY. He is styled son of Hugh, and probably succeeded his father as Lay Abbot of the monas- tery. He must have been born during the first half of the twelfth century, for he occurs as witness to a charter by 1 Frasers of Philorth, ii. 1. 2 Reg. Prior. S. Andree, 130, 132. M ABERNETHY, LORD SALTOUN 397 Ernaldua or Arnold, Bishop of St. Andrews, who held the see between November 1160 and September 1162.1 He also witnessed a charter of William the Lion.2 He exchanged the lands of Balbirnie with Duncan, Earl of Fife, for the lands of Glendukie and Balmeadow in Fife, a transaction confirmed by King William the Lion between 1165 and 1171.3 Between 1166 and 1171 King William also bestowed on Orm, son of Hugh, the lands of Invaryhten (Inverarity), reserving to the King the service due for these lands, like- wise commanding that any natives and fugitives pertaining to them, be not unjustly detained4 [by other owners]. He is the first of the family who is found bearing the territorial appellation 'de Abernethy,' as it was to him that King William, by a charter dated between 1172 and 1178, granted the abbacy of Abernethy, with all pertinents and rights as they stood the year and day when King David the King's grandfather was living and dead, except the £10 lands which the King gave to Henry Revel with the daughter of said Orm ; to be held to him and his heirs free of all services and customs except common aid, common hosting, and common carriage, with soc, sac, tol and theme, and infangthef ; paying yearly £20 of silver, £10 at the feast of St. John the Baptist, and £10 at the feast of St. Bride. He was to have neither pit nor gallows but at two places, Abernethy and Inerarichtin (Inverarity), and the King willed that Orm's men of Fife and Gowry should come to the ' mote ' or ' pit ' (fossa) of Abernethy, and those of his other lands to the ' mote ' or ' pit ' (fossa) of Inverarity/ It is conjectured that he may have given the name to the lands of Ormiston, an estate contiguous to that of Salton, in the county of Haddington, though Orm was not an un- common name in early days. He died probably between 1180 and 1190, leaving issue : — 1. LAURENCE, who succeeded. 2. Michael, described as son of Orm in a charter by Reginald de Waren, cited below, dated between 1204 and 1228.6 He had a son Orw, upon whom his 1 Reg. Prior. S. Andree, 131, 132. 2 Lib. Eccl. S. Trinitat. de Scon., No. 34. 3 Original penes Mr. W. Mackay, solicitor, Inverness. 4 Varice Cartce, 63, MS., Soc. of Antiquaries. 6 Hay's MS. Adv. Lib. 35.4.16, p. 175 ; Varice Cartce, p. 63, MS. Soc. of Antiquaries. 8 Douglas Book, iii. 350. 398 ABERNETHY, LORD SALTOUN uncle Laurence bestowed the lands of Pitgrunzie and Aberargie, co. Perth. Orm had a son Hugh, whose daughter Margaret married John of Lundors, who, with her, had two charters from Alexander de Aber- nethy, son of Sir Hugh, of the lands of Pitgrunzie. There is ground for believing that their heirs as- sumed the name of Pitgrunzie, and later, from 1539, took the name of Orme, and about 1550 the then owner, George Orme, sold the estate.1 3. Margaret, married to Henry Revel. LAURENCE DE ABERNETHY, styled 'films Orm de Aber- nethy,' 2 was the last to hold the office of Lay Abbot. To- wards the end of the twelfth century the King denuded him of all his revenues as Abbot, and handed them over to the monks of the recently founded Abbey of Arbroath. He does not seem to have been deprived of the * dominium ' or lordship which he held as Abbot, and retained his posi- tion as ' dominus ' or Lord of Abernethy.3 His name and that of his wife Devorguile are recorded as visitors to the shrine of St. Outhbert at Durham early in the thirteenth century, but it is not known who she was.4 He granted, with consent of his son and heir Patrick, an annual payment of ten shillings out of his lands of Balnebreich to the Canons regular of St. Andrews.5 He had a charter between 1204 and 1228 from Reginald de Waren of the lands of Ooventre in ex- change for those of Wester Dron/a'nd another from Gregory, Bishop of Brechin, of the land formerly disputed between Dunlappie and Stracathro.7 On 5 April 1223, King Alex- ander ii. confirmed to him the lands of Glendukie and Bal- meadow, which his father had.8 He appears in charters frequently as a witness.9 On 24 June 1233 King Alex- ander ii. confirmed to him that land in the royal castle of Roxburgh quitclaimed by the King's nephew William, son of the Earl [of Dunbar].10 Some time after 1233 he 1 Inventories Gen. Reg. Ho., iii. No. 41. A William, son of Orm, also occurs as a witness to a charter to the Abbey of Arbroath between 1204 and 1211 (Reg. Vet. de Aberbrothock, 49). - Reg. Prior. S. Andree, 318. 3 Skene's Celtic Scotland, ii. 399. * Liber Vitce, 94, 112. 6 Reg. Prior. S. Andree, 268. 6 Douglas Book, iii. 349. 7 Ibid., 350. 8 Charter penes Mr. W. Mackay, solicitor, Inverness. 9 Frasers of Philorth, ii. 16. 10 Adv. Lib. MS. 35.4.16, p. 175. ABBRNETHY, LORD SALTOUN 399 sold the lands of Oultran, Balmerino, and others to the monastery of Balmerino for 200 merks paid him by the executors of William the Lion's widow, Queen Ermengarde, who had founded it. So late as 1244 he accompanied King Alexander n. to the meeting with Henry in. of England, and was one of the Barons who swore to the ratification of the treaty of Newcastle.1 Laurence lived as a secular Baron at Kerpal (Oarpow), the old mansion of the lords of Abernethy.2 He must have been an old man at the time of his death, which occurred shortly after the last-mentioned date. He left issue : — 1. Patrick, styled * son and heir ' in the charter to the Canons of St. Andrews above mentioned. Very little is known about him, and he perhaps died vita patris ; at all events he was dead before 1254. 2. HUGH, of whom presently. 3. WILLIAM, who acquired the lands of Saltoun in East Lothian. 4. Perhaps Henry, who witnessed a charter in 1260.3 5. Marjory, married to Hugh, eldest son of Sir William of Douglas, ' Longleg.' The marriage-contract, dated Palm Sunday 1259, is still in existence in the form • of an indenture between Sir Hugh de Abernethy, the brother of the bride, and Sir William de Douglas. Sir William Eraser, who gives a facsimile of the deed,4 says it is the oldest marriage-contract which has appeared in the history of any Scottish family. Marjory Abernethy is believed to have been buried in St. Bride's Church, Douglas, where a sculptured effigy in the extreme south-west angle of the church is still pointed out as hers. HUGH DE ABERNETHY is first named on record on 18 March 1232-33, when King Alexander n. confirmed to him a grant by Alan, son of Roland, Constable of Scotland, his * cousin,' of the lands of Oxton and Lyleston, Lauderdale.5 He occu- pies a distinct place in Scottish history and was one of the party composed of the Earls of Menteith, Buchan, and 1 Fcedera, i. 248. 2 Innes's Sketches of Early Scottish History. 3 Reg. Prior. S. Andree, 269. * Douglas Book, iii. 1. 5 Orig. penes Lord Amherst. 400 ABERNETHY, LORD SALTOUN Mar, together with others, who surprised the young King Alexander in. at Kinross during the night of 29 October 1257, and carried him off to Stirling.1 He was one of the 4 magnates Scotise ' appointed in 1260,2 who in the event of the absence or death of Alexander in. were to receive the child of his Queen, Margaret, whose accouchement, when it should occur, was arranged to take place at her father's court. On 31 March 1265 he had from Alexander in. a grant of £50 sterling from the rents of Tannadice.3 On the death of Alexander in 1285 six guardians were appointed to carry on the affairs of the Kingdom. Three years later one of these guardians, Duncan, Earl of Fife, was way- laid and murdered by Sir Patrick de Abernethy (probably the eldest son of Sir Hugh) and Sir Walter de Percy, instigated, as Fordun4 and Wyntoun5 both state, by Sir William de Abernethy, who guarded another route by which the Earl might have travelled. The consequences to the perpetrators of this outrage were serious. Sir Patrick fled to France and died in exile ; Percy was cap- tured and summarily executed, and Sir William is stated by the historians above mentioned to have been imprisoned in Douglas Oastle for life. This, however, is a mistake: it was more probably Sir Hugh, as head of the family and chief instigator in the whole affair, who was imprisoned, as is shown by two documents ; first, a letter from him to the King of England in 1288, requesting his intercession with the Pope respecting certain, affairs to be laid before him by the bearer of the letter, the Bishop of Brechin ; ' and, second, an order from Edward I., dated 28 June 1291, for the transference of Hugh de Abernethy to the King's prison from that of William de Douglas, where he was con- fined for the murder of the Earl of Fife.7 Sir Hugh would appear to have died in prison, as nothing more is recorded of him. Sir Hugh's wife has now been identified as having been Mary of Argyll, Queen of Man, widow of Magnus, King of Man, and of Malise, Earl of Strathearn, who died in 1271.8 Sir Hugh got a dispensation for his marriage with her in 1 Fordun's Annals, 1, li, Hi, Ivi. 2 Fcedera, i. 715. 3 Varies Cartce, MS. ut tit. 4 Annals, Ixxxii. 6 Cronykil, ix. 6 Hist. Docs, of Scotland, i. 69. 7 Rotuli Scotice, i. 2. 8 Charters of Inchaffray, Scot. Hist. Soc., Pref. Ixiv ABERNBTHY, LORD SALTOUN 401 April 1281.1 The date at which he actually married her cannot have been later than 1275, as it is stated in the dispensation that he had 'several' sons by her. Mary of Argyll (de Brgadia), Countess of Strathearn, was the wife, in 1299, of William Fitzwaren,2 and she died in 1304. (See title Strathearn.) By his wife Sir Hugh had a son, ALEXANDER de Abernethy. In 1292 his mother, Mary, was summoned3 to declare whether she knew anything to prevent Alexander, son of Hugh de Abernethy from obtain- ing possession of the lands of Ballintray and others. In the same Parliament his lands were given in ward to Alexander de Menteith, so that as he was not of age in 1292 he must have been born subsequently to 1272. At the same time he was not a mere child, as he swore fealty to Edward I., 19 July 1291, at St. Andrews.4 He opposed Bruce in the War of Independence, deserting the national party, perhaps, as Lord Saltoun suggests 5 on account of the enmity of many of the Scottish nobles which his father's crime had provoked. He became liegeman to Edward I., by whom he was favoured and trusted, and to whose interests, and those of his son, Edward n., he steadfastly adhered during his life. When Robert the Bruce succeeded in establishing his authority as Scottish King, the posses- sions of Sir Alexander Abernethy were declared to be for- feited, and he became to all intents an Englishman. He was afterwards largely employed by the English King in his diplomatic service; he was on several occasions sent as ambassador to France, and in 1313 visited the Papal Court in the same capacity.6 His death probably took place shortly after 1315, in which year he witnessed a charter granted by the Countess of Atholl,7 and before 1317.8 His wife's name is unknown, but he had two daughters, both of whom married, and were the means of bringing into many Scottish families the quartering so frequently met with, and so distinctive of Abernethy 1 Cal. of Papal Registers, Papal Letters, i. 463. 2 Cal. of Docs,, ii. 1062, 1104. 3 Ada Part. Scot., i. 446. * Foedera, i. 370. 6 Fraaers of Philorth, ii. 22. 6 Fc&dera, iii. 436. T Antiq. of Aberdeen, ii. 313. 8 Macfarlane's Gen. Coll., 461. VOL. VII. 2 C 402 ABERNETHY, LORD SALTOUN descent — or, a lion rampant gules, debruised by a ribbon sable. 1. Margaret. On 11 July 1311 King Edward requested the Pope to grant a dispensation for her marriage with Roger de Moubray, they being within the for- bidden degrees of consanguinity.1 It is not certain that this marriage ever took place. On 30 January 1324-25 she had leave to visit Scotland to treat with her friends there as to the recovery of her hereditary lands ; * and on 24 October 1328 a papal dispensation was granted for her marriage to John Stewart, Earl of Angus. This marriage took place, and the Countess lived till about 1370, surviving both her husband and her son. (See title Angus.) 2. Mary, married, first, before 1317, Sir Andrew de Leslie, son of Sir Norman de Leslie;3 secondly, in 1324, Sir David de Lindsay, Lord of Crawford ; on 28 November of that year a dispensation for the marriage was issued, the parties being related in the fourth degree.4 Lord Saltoun 5 thinks that these ladies were different persons, but though the recurrence of the same Christian name amongst brothers and sisters is by no means uncommon, it is unlikely that two out of three daughters should have had the same name. The eldest male line of the Lords of Abernethy having thus become extinct, the succession opened to the descend- ants of the third son of Sir Laurence Abernethy, WILLIAM de Abernethy of Saltoun. He granted two merks out of the profits of his mill at Ulkestone (Oxton), in Lauderdale, to the Abbey of Dryburgh in 1273.6 He was, as stated, involved in the murder of the Earl of Fife, and may have been imprisoned in Douglas Castle, but if this was the case, was probably dead before 1291, otherwise he would in all likelihood have been included in the order pre- viously referred to transferring Sir Hugh to the royal prison. He was certainly dead in 1296, as his widow Margaret, whose surname is unknown, then received a 1 Cal. of Docs., iii. 220. 2 Ibid., 860. 3 Douglas Book, Hi. 391; Macfarlane's Gen. Coll., ii. 452, 460-461. 4 Papal Letters, ii. 241. 5 Erasers ofPhilorth, ii. 27. 6 Cart, de Dryburgh, No. 175. ABERNETHY, LORD SALTOUN 403 pension from the family estates by order of Edward i.1 He had a son, WILLIAM de Abernethy, who swore fealty to Edward in 1296,2 and served on an inquest at Berwick in the same year.3 He joined the standard of Robert the Bruce, and was one of the Scottish barons who signed the celebrated letter to Pope John xxn., asserting the independence of Scotland. It may be inferred that he exchanged the donation of two merks from the mill of Ulkestone, made by his father to Dry burgh Abbey, into a grant of the whole mill, for though the charter is not extant it was confirmed by his son and successor. His wife's name is not known, but he left two sons : — 1. WILLIAM. 2. Laurence. He witnessed various charters, along with his brother, to the Abbey of Newbotle.4 He had a grant from King Robert Bruce of the lands of Lamberton ; 5 and he is probably the Sir Laurence de Abernethy who is mentioned in an order to the Sheriff of Northumberland, of date 14 November 1338, to send certain stores which belonged to him to victual the castle of Hawthornden.6 He was for- feited for his attachment to the English interest, but King David n., about 1358, restored his lands to his son Httg/t, except Lamberton.7 His lands were Hawthornden, Halmyre, Dunsyre, Borthwickshiels, and Lamberton. SIR WILLIAM de Abernethy, third of Saltoun, was at the battle of Halidon Hill in 1333, from which he succeeded in escaping. Owing to his adherence to the Scottish party his lands were forfeited, and reference is made to ex- actions by the Sheriff of Roxburgh in 1335 from certain buildings in Swyneshede, which he held in virtue of his wife's dowry.8 He got a grant of the manor of Rothiemay from David H. in 1345.9 His confirmation of his father's 1 Rot. Scotia:, i. 26. 2 Cal. of Docs., ii. 201. 3 Ibid., No. 824[2]. * Chart, de Newbotle, 43-55, 208. 6 Robertson's Index, 4, No. 6. 6 Cal. of Docs., iii. 1290. 7 Robertson's Index, 45, No. 14 ; The Melville Book, i. xlvii. 8 Cal. of Docs., iii. pp. 321, 374. 9 Philorth Charters. 404 ABERNETHY, LORD SALTOUN grant to the Abbey of Dry burgh, above-mentioned, must have been made not later than 1346, and his death probably took place not long after.1 He left two sons : — 1. William, mentioned as his nephew by Sir Laurence in a charter by him of the lands of Mackyspoffle granted to the Abbey of Melrose in about 1320. It has been thought that this points to Sir Laurence having been a son of the first Sir William of Saltoun, but a com- parison of dates makes it more likely that lie was a son of the second Sir William, in which position he is placed by Douglas.2 William, the son of Sir William, appears to have died vita patris. 2, GEORGE, who succeeded. SIR GEORGE de Abernethy, fourth of Saltoun, is said by Douglas to be mentioned in a charter to the monastery of Dryburgh granted by Walter the Steward in 1326,3 but no such deed occurs in the chartulary of that house. He ac- companied King David in his invasion of England in 1346, and was taken prisoner at the battle of Neville's Cross. He was committed to the Tower of London.4 How long his imprisonment lasted is not known, but he must have been released previous to 1368, about which time he granted a charter to John de Kench ; the charter is not dated, but it can be proved by internal evidence to have been executed before January 1367-68.5 At his capture his lands, such at least as were accessible, were forfeited, and in 1357 it is stated that * the barony of Prendrelath (Plenderleith) fell into the King's hands by forfeiture of George de Abernethy and his wife Alice, late the King's enemies, and has been for eleven years, and still is. ... The barony is so utterly destroyed by the Scots that no profits can be levied at present for the King. It is held by the services of a knight's fee.' A memorandum attached states the barony used to be worth £49, 19s. 4d.6 From this entry about Plen- derleith it may be presumed that the surname of George Abernethy's wife Alicia was Wishart, and that she was the heiress of the lands mentioned, probably the daughter of 1 Frasers of Philorth, ii. 31. 2 Ibid., ii. 158. 3 Peerage, ii. 468. * Rot. Scotia, i. 678 ; Fcedera, v. 534. 6 Salton Hall Charters. c Col, of Docs., iii. 1661. ABERNETHY, LORD SALTOUN 405 that William Wishart who received them from King Robert i. They are supposed to have had two sons : — 1. GEORGE. 2. John, styled in a safe-conduct of 1363 * valettus ' to David ii.1 He also appears as Sir John Abernethy of Balgounie, and had grants from the King of the lands of Balgeveny and others in Kinghorn on 15 February and 15 March 1368-69.2 In 1381 he had a safe-conduct to pass through England on his way to the Holy Land.3 He may have married the widow of William Barclay of Kerkou, as in 1384 Alexander Barclay his son is styled brother and heir of a John de Abernethy.4 GEORGE de Abernethy was probably the person of that name who attended the coronation of Robert n. on 27 March 1371.5 George de Abernethy, miles, dominus de Sauylton, was a witness to a charter of the lands of Long- formacus 22 June 1384, and on 8 November 1391 King Robert n. confirmed to Sir William Stewart of Jedworth certain lands in the territory of Minto, resigned in his favour by Sir George de Abernethy.6 These dates rather point to his having been a different person from the George Abernethy who married Alicia Wishart, and who must have been born early in the fourteenth century, though the point is not altogether free from doubt. It is not known where he died, but it has been suggested that he may have been the knight mentioned by Froissart under the designation of the Seigneur de Faucon (Sauton) as having been killed at the battle of Otterburn in 1388.7 He had at least one son. WILLIAM de Abernethy, sixth of Saltoun, must have suc- ceeded his father about the end of the fourteenth century. He was probably born not later than 1365, if he is the person who witnessed a charter granted by Sir James de Douglas, Lord of Dalkeith, in 1388.8 He also witnessed, in 1397, a grant by George, Earl of Angus, to James Sandi- 1 Fcedera, vi. 428. 2 Reg. Mag. Sig., fol. vol. 49, 145 ; 61, 191. s Fcedera, vii. 337. 4 Beg. Episc. Aberd., i. 167. 6 Acta Parl. Scot., i. 545. 8 Beg. Mag. Sig., fol. vol. 207, 33. 7 Johnes' Translation of Froissart, iv. 18, quoted in Frasers ofPhilorth, ii. 34. 8 Beg. Hon. de Morton, ii. 165. 400 ABERNETHY, LORD SALTOUN lands of the wardship of his son and heir.1 He died of * le Quhew,' probably influenza, in 1420,2 having married a daughter of Robert, Duke of Albany. If he had only one wife, her name was Maria, as in 1404 he got a charter from King Robert in. to himself as * dilectus conf ederatus noster,' and Mary his wife, of certain lands in the barony of Rethy and Kingaltuy on his own resignation.3 But as the lady is not designed niece of the King, this seems rather to indicate that she was a second wife.4 They had issue : — 1. Sir William, killed at the battle of Harlaw, 24 July 1411. He married Margaret, daughter of Sir William Borthwick,5 and had issue : — (1) WILLIAM, who succeeded his grandfather. (2) LAURENCE, who succeeded his brother ; and perhaps (3) Oswald, one of the witnesses to a truce made by the Wardens of the Marches with the English in 1449. 6 In 1446, he had the lands of Teindside and Harwood, co. Roxburgh, which he declared he held from the Baron of Hawick.7 His son John is a substitute in the undermentioned charters to William, second Lord Saltoun. 2. James. There is a charter, 26 July 1393, by Archibald, Earl of Douglas, to James de Abernethy, of the lands of Theynside and Harwood, in the barony of Hawick, which belonged to Sir William of Abernethy, younger, brother of the said James, and were resigned by him.8 James appears to have been succeeded in these lands by his nephew Oswald, as above. 3. Patrick, witness to a charter by the Regent Albany on 24 November 1413, in which he is styled ' noster nepos dilectus.' 9 4. John. There is some ground for believing that the John Abernethy who received from Sir William Aber- nethy, dominus de Saltoun, a grant of the lands of Kinnaltie, in the barony of Rethie, co. Forfar, was another son.10 WILLIAM Abernethy, seventh of Saltoun, succeeded his 1 Douglas Book, ii. 40-43. 2 Fordun a Goodall, ii. 460. 3 Antiq. of Aberd. and Banff, ii. 227. * Cf. Exch. Rolls, iv. clxxxv n. 6 Cf. vol. ii. 851. 6 Fcedera, xi. 246. 7 The Douglas Book, iii. 428. 8 Scotts of Buc- cleuch, ii. 17. 9 Reg. Mag. Sig., fol. vol. 254, 25. 10 Robertson's Index, 137, No. 1. ABERNETHY, LORD SALTOUN 407 grandfather in 1420. He was one of the ' magnates Scotiae ' who went to meet King James I. at Durham in 1423,1 and in the following year he was one of the hostages for the ransom of the Scottish King, his estates being valued at an annual rental of 500 merks.2 He died s.p. before 1428. I. LAURENCE Abernethy, eighth of Saltoun, was probably born about 1400. He was in possession of the lands by 1428, and must have been a man of considerable power and influence, as on 28 June 1445 he was created a Lord of Par- liament by the title of LORD SALTOUN OF ABERNETHY.3 For some reason he does not appear to have used the title at first, as he granted a charter on 13 March 1447-48, under the designation of * Laurentius Abernethy ex eodem de Rothiemay, miles.' 4 The title itself does not appear in any settled form for two or three generations, the styles of Lord Saltoun, Lord Abernethy, and Lord Abernethy of Rothiemay being used indifferently.5 He must have died before 13 March 1460-61, when his son obtained sasine of the barony of Saltoun. His wife's Christian name was Margaret, as in 1448 Margaret, Lady Saltoun, obtained a notarial transumpt of a charter granted in 1443 by John de Halyburton de Sawlyne in Fife, to his son and his wife of certain lands there,' but to what family she belonged is not known. They had issue : — 1. WILLIAM, second Lord Saltoun. 2. JAMES, third Lord Saltoun. 3. George. 4. Archibald, mentioned along with his brother George in an entail by his brother William, second Lord Saltoun.7 5. Elizabeth, said to have been married to John Gordon, eldest son of John Gordon of Scardargue.8 6. A daughter of Lord Saltoun is said to have been mar- ried to Alexander Irvine, younger of Drum, and to have had a son Alexander, served heir to his grand- father 3 November 1457.9 1 Rot. Scotice, ii. 244, 245, 252. 2 Ibid., 248. 3 Records of ParL, 39. 4 Antiq. of Aberd., ii. 228. 5 Erasers of Philorth, ii. 41. 6 Charter at Salton Hall. T Antiq. of Aberd., ii. 210-212 ; Reg. Mag. Sig., 28 January 1463-64. 8 Frasers of Philorth, ii. 42. 9 The Irvines of Drum, 50. 408 ABERNETHY, LORD S ALTO UN II. WILLIAM, second Lord Saltoun, was, during his father's lifetime, in February 1458-59, appointed Sheriff of Banff- shire.1 As son and heir of the late Sir Laurence, Lord Abernethy in Rothemay, he had sasine of the barony of Saltoun 13 March 1460-61, 2 and on 28 January 1463-64 he had a charter of Rothemay in Banffshire, Redy in Forfar, Dalgety in Fife, Glencorse in Midlothian, Saltoun in Haddington, Lillestoun and Ugistoune in Lauderdale, and Prenderleith in Roxburgh, on his own resignation,3 with remainder to a series of heirs. This charter was superseded by a new one in similar terms, but with the reservation of terce to his wife, who is not named.4 Still another charter in similar terms, in which the lands men- tioned were erected into the barony of Abernethy, was granted him 10 January 1482-83.5 Lord Saltoun died in June 1488,6 the period at which the eventful battle of Sauchieburn was fought, but whether he met his death on that field is not known. He married twice ; his first wife's name is unknown, the second was Isabella Borthwick.7 Issue two daughters : — 1. married to Walter Ogston of that Ilk. 2. Christian, married in 1468 to Sir John Wemyss of that Ilk.8 Dying without male issue, he was succeeded by his brother, III. JAMES, third Lord Saltoun, He was served heir to his predecessor 10 October 1488.9 For some years previous to 1498 he was engaged in a lawsuit against the heirs of line, Adam Hepburn of the Craigs and his wife Elizabeth Ogstoun (who was the child of the elder daughter of the second Lord Saltoun), and Sir John Wemyss of Strathardle and his wife Christian, the younger sister of Elizabeth. It was ultimately referred to arbitration, and certain sums were paid to the ladies. Lord Saltoun died in 1504 or 1505.10 The name of his wife is not known, but they had issue : — 1. ALEXANDER, fourth Lord Saltoun. 1 Reg. Mag. Sig. 2 Original sasine at Salton Hall. 3 Reg. Mag. Sig. 4 Ibid., 5 August 1464. 6 Reg. Mag. Sig. 6 Erasers of Philorth, ii. 46 ; Antiq. of Aberd., ii. 109, 248. 7 James Young's Style Book, Edinburgh Council Chambers, 8 October 1488. 8 Ibid., same date, and 6 February 1493-94. 9 Original retour at Salton Hall. 10 See below. ABERNETHY, LORD SALTOUN 2. Margaret, married to John Stirling of Craigbernard, Comptroller of the King's Household.1 3. Janet, married, as his first wife, to Alexander Ogilvy of Deskfurd.2 4. Elizabeth, married to Alexander Hay of Arden- dracht.3 5. Helen, married to Thomas Urquhart of Fischerie, Sheriff of Oromarty.4 There were two effigies in the old castle of Cromarty, probably put there by Sir Thomas Urquhart, the translator of Rabelais and the writer of a wonderful genealogy of the family. At all events, on 25 August 1646 he caused an inscription to be carved below the figures stating that they repre- sented Thomas Urquhart, Baron and Hereditary Sheriff of Oromarty, and 'the most faithful Lady Helen Abernethy, Lord Salton's beloved daughter, who, after she had borne to her f oresaid most beloved husband thirty-six most comely children, lived with him till twenty-five sons respectively came to man's estate . . . and her eleven daughters were splendidly matched to their principal neighbours and those of best estates.'5 Nisbet relates how this prosperous life was not unalloyed with sorrow, for no less than seven of the twenty -five sons met their death on the field of Pinkie.6 IV. ALEXANDER, fourth Lord Saltoun, was infeft by his father, in 1491, in the baronies of Saltoun and Glencorse and all his other possessions, reserving his own liferent. 7 He was still fiar of the lordship 17 March 1503-4, but had succeeded before 3 May 1505.8 He was at the battle of Plodden, but succeeded in escaping the fate of most of the Scottish nobility on that fatal day. Between 1514 and 1517 he made large purchases of land in Banffshire.9 He died in June 1527.10 The Dowager Lady Saltoun, daughter of James Stewart, Earl of Buchan, uterine brother of King James IIM 1 Reg. Mag. Siff., 28 March 1503, 7 June 1508. 2 Ibid., 7 July 1509; cf. vol. iv. 22. -3 Beg. Mag. Sig., 31 May 1510; Antiq. of Aberd., iii. 506. 4 Beg. Mag. Sig., 16 September 1553. 6 Bed Book of Grandtully, i. 114. 6 Heraldry, App. p. 273. 7 Antiq. of Aberd., iii. 154. 8 J. Young's Pro- tocol Book. 9 Beg. Mag. Sig., per Index. 10 Acts and Decreets, xxi. 347. 410 ABERNETHY, LORD SALTOUN who must have been his widow, is said to have built the house of Park, in Banffshire, in 1530. He left issue : — 1. WILLIAM, fifth Lord Saltoun. 2. Laurence, mentioned in the proceedings of a lawsuit between the Laird of Innes and Alexander, sixth Lord Saltoun ; he is called uncle to the sixth Lord, which proves that he must have been a brother of the fifth Lord. l 3. John, witness to a charter to his brother William 21 March 1542-43. He married Elizabeth Lyon, daughter of John, Lord Glamis, who had been already thrice married,2 and died 14 November 1581, leaving a son and a daughter.3 He is sometimes styled of Balcors, from the lands which formed his wife's dower from her first husband.4 4. Thomas.5 He had a son James, mentioned in his brother John's testament. 5. William, whose two sons are also named in John's testament. He may have been a natural son. 6. Beatrix, married to Alexander Forbes of Pitsligo.6 7. Agnes Abernethy, for whose marriage to William Innes of that Ilk a papal dispensation was obtained in 1528, may have been another daughter.7 V. WILLIA.M, fifth Lord Saltoun. He obtained sasine of the estates in 1528,8 and attended Parliament the same year.9 In 1533 and 1538 he had charters from Alexander Innes, younger of that Ilk, of certain lands in Banffshire.10 On 27 November 1536 he had, along with his wife, a charter of the lands of Park of Oorncarny, co. Banff," and on 21 March 1542-43 he had a charter from George Olaphane of Carslogy of the lands of Quhelplaw in Lauderdale.12 He became involved in a quarrel with the Crichtons of Fren- draught, and on 15 March 1542-43 was, with forty-five others, called to account for being concerned in the slaughter of George Crichton of Oonzie and of James and Robert Crichton 'cum uno magonale lie gwnne.13 He 1 Family of Innes, 109-111. 2 See vol. iv. 54 ; Acts and Decreets, xl. 181. 3 Edin. Tests. 4 Acts and Decreets, xlvii. 303. 6 Ibid., Ix. 437. 6 Reg. Mag. Sig., 8 December 1521. 7 Family of Innes, 127. 8 Exch. RoUs, xv. 659, 665. 9 Acta Parl. Scot., ii. 322. 10 Confirmed 11 December 1538, Reg. Mag. Sig. " Ibid. 12 Confirmed 22 March 1542-43, ibid. 13 Pitcairn's Criminal Trials i. 104. ABERNETHY, LORD SALTOUN 411 died in December 1543.1 He married, in or before 1512, Elizabeth Hay, daughter of William, fourth Earl of Erroll.2 On 25 July of that year there is a confirmation of a charter of date two days previous, by ' Alexander, Lord Aber- nethy,* to his son William and his wife Elizabeth Hay, of the lands of Dalders in Stirlingshire,3 but it is probable that they were both very young at that time, as their eldest son was not born till 1537. Elizabeth Hay, Lady Saltoun, died in October 1574.4 They had issue : — 1. ALEXANDER, sixth Lord Saltoun. 2. William, ancestor of the now extinct branch of Aber- nethy of Birnes.5 3. Agnes, married to William Orichton of Frendraught, was probably a daughter of William, Lord Saltoun. Orichton was a ' daft and natural idiot,' and it was his curator of whose slaughter Lord Saltoun was accused. 4. Elizabeth, married, first, to William Meldrum of Fyvie; secondly, before 25 July 1562, to John, Lord Glamis.8 She died before May 1581. 7 VI. ALEXANDER, sixth Lord Saltoun, came of age in October 1558,8 took a somewhat more active part in public affairs than many of his predecessors. He frequently at- tended Parliament, and in 1562 he entertained Queen Mary at his house at Bothiemay when she was on her way to Inverness. In the contests which followed, however, he ranged himself on the side of the Regent. On 2 September 1567 he had a charter from George Barclay of that Ilk of the superiority of the barony of Lessindrum, and on 14 May 1573 another from Patrick Menzies of Ferriehill of the sunny half of Dumblait, co. Aberdeen.9 In 1581 he sold to Robert Scott, clerk to the Privy Council, the sunny half of Saltoun.10 He died in the spring of 1587,11 having married, first, while still a minor, after 28 August 1550, when he granted a charter of lands to her 'in ejus pura virginitate,' Alison Keith, daughter of William, Earl Marischal.12 She died 1 Acts and Decreets, 1. 347. 2 Cf. vol. iii. 567-568. 3 Reg. Mag. Sig. 4 Edin. Tests. 5 Acts and Decreets, Ix. 438. 6 Reg. of Deeds, xvi. 316 ; Reg. Sec. Sig., xxxi. 31. 7 Ibid., xx. pt. i., 187. 8 Exch. Rolls, xix. 442. 9 Confirmed 28 February 1581-82, Reg. Mag. Sig. 10 Confirmed 11 April 1586, ibid. u Frasers of Philorth, ii. 62. 12 Reg. Mag. Sig., 4 September 1550. 412 ABERNETHY, LORD SALTOUN in August 1567. He married,1 secondly, Jean Johnston, daughter of James Johnston, younger of that Ilk, relict of William, Master of Oarlyle,2 who survived him, and married, thirdly, in or before 1589, William Kerr, brother of first Earl of Lothian.3 Issue : — 1. GEORGE, seventh Lord Saltoun. 2. Alexander, second son,4 styled of Lessindrum,5 and afterwards of Wester Saltoun.6 He witnessed a charter of his nephew John, Lord Saltoun, 29 August 1598.7 He died 10 April 1603,8 having married (con- tract 7 November 1589) Elizabeth, second daughter of Sir James Orichton of Frendraught.9 He had been contracted, while very young, to Christian, daughter of George Barclay of that Ilk, 31 October 1586.10 3. John, in his mother's testament called James, said to have received the lands of Barrie, in Strathisla, from his father in 1557." He was the ancestor of the Abernethies of Barrie and Mayen, which became extinct in the male line in 1785. 4. Elizabeth or Elspeth, contracted, when very young, 27 February 1572-73, to Thomas Urquhart, younger of Oromarty.12 Whether this marriage took place does not appear. She afterwards married John Innes of that Ilk ; 13 there is a contract between Lord Saltoun and John Innes for his daughter's liferent.14 5. Margaret, married (contract 31 August 1582) to George Meldrum of Drumbreck.15 The order of the younger daughters is given from their mother's con- firmed testament. 6. Jean, married, first, as his second wife (contract 12 August 1579 16), to Alexander Seton of Meldrum; secondly, again as a second wife, to John, second son of Alexander Urquhart of Oromarty and Beatrix Innes his wife." It is a curious fact that this John 1 Edin. Tests. 2 Reg. Sec. Sig., Iv. 69 ; see ante, vol. i. 248 and vol. v. 435. 3 Edin. Inhibs., vi. 155. 4 Reg. of Deeds, ix. 284. 6 Aberd. Homings, v. 9. 6 Protocol Book of J. Harlaw, fol. 4, Reg. Ho. 7 Beg. Mag. Sig., 23 November 1602; Acta Parl. Scot., ii. 470. 8 Edin. Tests. 9 Cf. vol. iv. 125. 10 Beg. of Deeds, viii. 468. u Antiq. of Aberd., ii.426. 12 Macf arlane's Gen. Coll., ii. 362. 13 Reg. of Deeds, xx. pt. i. 144. 14 Family of Innes, 24. 15 Aberd. Hornings, iii. 299. 16 Seton's Family of Seton, i. 466. 17 Nisbet's Heraldry, App. 274. ABERNETHY, LORD SALTOUN 413 married, as his third wife, in 1610, his second wife's first husband's grandchild by a former marriage, viz. Elizabeth Seton, only daughter of Alexander Seton, eldest son of Alexander Seton of Meldrum above mentioned.1 7. Isobel, married (contract 10 December 1593) to John Gumming, younger of Earnside.2 VII. GEORGE, seventh Lord Saltoun, was served heir to his father 10 May 1587,3 and died 27 April 1590.4 He married, before 1578, Margaret Stewart, daughter of John, Earl of Atholl, Chancellor of Scotland. She got a charter of the lands of Kellie in Aberdeenshire, 24 August of that year. She survived him, dying between 20 April and 2 July 1618.5 They had issue :— 1. JOHN, eighth Lord Saltouu. 2. Margaret, married (contract 19 December 1595 and 4 January 1595-96 6) to Alexander Fraser, younger of Philorth. . 3. Jean, married in 1608 to Sir John Lindsay of Kinfauns, eldest son of Sir Henry Lindsay of Oaraldston.7 Sir John died vita patris, and his widow married, secondly, in or before 1617, George Gordon of Gight.8 4. Probably another and elder daughter Joneta, married to Patrick Livingston, along with whom she got a charter of the lands of Dolders from John, Lord Saltoun, with consent of his mother, Margaret Stewart,9 29 August 1598. Natural son William, legitimated 7 September 1583.10 VIII. JOHN, eighth Lord Saltoun, signed his sister's marriage-contract in 1595, but did not make up his title to the estates till 1601, when he was served heir to his father," and in 1603 and 1606 he was served heir to his grandfather in many of his possessions.12 On 21 February 1602 he had a charter of novodamus of the barony of Saltoun,13 and on 1 Thanage of Fermartin, 693. 2 Reg. Ho. Charters, at date. 3 Retours, Banff, 183. 4 Edin. Tests. 5 P. C. Reg., xi. 395. 8 Reg. of Deeds, cxxx. 302. 7 Reg. Mag. Sig., 25 February 1608. 8 Register of Kirk Session of Rothiemay, 18 May 1617, quoted in the Frasers of Philorth, ii. 63 ; Reg. Mag. Sig., 30 July 1618. 9 Reg. Mag. Sig., 23 November 1602. 10 Reg. Sec. Sig., xlix. 168. ll Retours, Banff, 15. 12 Ibid., Aberdeen, 89, Banff, 191. 13 Reg. Mag. Sig. 414 ABERNETHY, LORD SALTOUN 26 April 1610 a grant of the lands of Balvenie.1 It has been suggested that he went with the King to England,2 and there, like so many other Scottish noblemen, spent more money than he could afford. Whatever may have been the reason, it is certain that he fell into embarrassed circumstances, and in 1612 disposed of a large portion of his estates, which were parted among various creditors. He died between 5 June and 21 September 1612,3 having married, first, Magdalen, daughter of Henry Urquhart, younger of Cromarty ; she had a charter as his future wife 30 September 1601,4 and died 4 April 1603 ; 5 secondly (con- tract dated 20 April and 5 August 1605 8), Elizabeth Stewart, daughter of the * bonny Earl of Moray,' but had no children by her.7 She died before the end of 1608, and he married, thirdly (contract 30 December 1608), Anne Stewart, elder daughter of "Walter, first Lord Blantyre.8 She sur- vived him many years and subsequently had, by James, Marquess of Hamilton, a natural daughter Margaret, who was married to James Hamilton, first Lord Belhaven.9 By his first wife Lord Saltoun had issue : — 1. Margaret, mentioned in her mother's testament. By his third wife he had 2. ALEXANDER, ninth Lord Saltoun. 3. Anne, born 19 November 1609, died in infancy. 4. Margaret, born 2 February 1613, died, unmarried, about 1669. IX. ALEXANDER, ninth Lord Saltoun, and last of the name of Abernethy who held that title, was born 26 March 1611, and was therefore only an infant when he succeeded his father. He fell on evil days, and not only had to sell a large portion of the estates which remained to him, but became involved in endless litigation. In connection with this an extraordinary fraud was perpetrated by James Abernethy, an Advocate and Clerk of Session, brother of Alexander Abernethy of Auchencloich and Mayen, and son of Thomas Abernethy of Barrie, whose father 1 Reg. Mag. Sig. 2 Frasers of Philorth, ii. 65. 3 Reg. Mag. Sig. ; Reg. Sec. Sig., Ixxxii. 61. * Banff Sas., i. 74. 6 Edin. Tests. 6 Reg. of Deeds, clxiv. 252. 7 Frasers of Philorth, ii. 64. 8 Reg. Mag. Sig., 14 February 1609. 9 Cf. vol. ii. 40, 85. ABERNETHY, LORD SALTOUN 415 was third son of the sixth Lord Saltoun. He went to London, and, gaining access to the Register of the Decreets of the Court of Session (which had, with other Public Records of Scotland, been sent to London by order of Cromwell), abstracted three leaves which contained a judgment of the Court reversing a prohibition against burdening the family estate with debt, under which the eighth Lord Saltoun had placed himself before 1605. The effect of this removal of all authentic record of the decreet of 1605 was to leave the interdict still in force, and to render invalid all the sales and alienations made by John, eighth Lord Saltoun, as being contrary to that prohibition. The actual result, however, was only to increase the amount of litigation already going on. James Abernethy did not destroy the leaves, but evidently intended to use them for blackmailing purposes, though he found this a game too dangerous to himself to pursue. It is impossible to give the details of the story, which are fully narrated by Lord Saltoun in his family history.1 It is sufficient to say that long after the death of the ninth Lord Saltoun (who was in all probability aware of what had been done) Alexander Abernethy of Auchencloich, before his death in 1683, left the secret of the stolen leaves to his kinsman James Ogilvie, informing him that they were built into the wall of the house of Mayen. Ultimately an action was brought against Alexander Abernethy 's son to compel the produc- tion of the leaves, and it ended by their being replaced by order of the Court of Session on 22 July 1692. Alexander, Lord Saltoun, died unmarried, before the end of November, or during the first few days of the next month, in 1668. There is a curious doubt as to where he was buried. In the Register of Burials of the Canongate it is stated that * Lord Salton was buried in the church of Holyroodhous upon the 17 December 1668 in the buriall place of Sir Lues Bannatyne, Baron of Brochtoun, and heir of the Earl of Roxburgh,' but in the Greyfriars Register there is an entry under 18 December 1668, ' Me Lord Sailtin.' Lord Saltoun's sister survived him, but never assumed the title. After her decease it was claimed by Alexander Eraser, tenth of Philorth, whose father Alexander, ninth 1 The Frasers of Philorth, 68-70. ABERNETHY, LORD SALTOUN of Philorth, had married Margaret Abernethy, daughter of George, seventh Lord Saltoun. His right to the title was confirmed, not exactly by a new creation, but by a patent ratifying and approving his service as heir of line and his taking upon himself the title and dignity.1 CREATION. — Lord Saltoun of Abernethy, 28 June 1445. ARMS. — Sir David Lindsay gives these as — Quarterly : 1st and 4th, or, a lion rampant gules, debruised by a ribbon sable, for Abernethy ; 2nd and 3rd, argent, three piles gules, for Wishart. These are the arms depicted on the seal of Alexander, fourth Lord Saltoun, ante 1512. CREST. — Sir Robert Forman (Lyon Office MS.) gives a bird or raven sable, beaked and membered gules. Pont (c. 1630) gives a parrot feeding on a bush with cherries proper. SUPPORTERS. — Two falcons proper, belted or. MOTTO. — Solus per Christum. [j. B. P.] 1 Cf. Acta Parl. Scot., viii. 33. >altoun FHASERS OF PHILORTH, LORD SALTOUN HE family of Fraser un- doubtedly came from France, but whether with William of Normandy or later is not known. Their name is not to be found in any of those doubtful documents which purport to be the Roll of Battle Abbey. There is a theory that they were the lords of the Seigneurie de la Freseliere in Anjou, two Frezels, father and son, being styled * Chevaliers ' in the Cartulary of Noyers in Touraine as early as the year 1030, but there is no definite evidence to connect the Frezeaus or Frezels de la Frezeliere with the Frazers who established themselves in Britain.1 The subject is dealt with very fully and discussed with admirable clear- ness in all its aspects by the late Lord Saltoun in the introduction to his Fraser s of PTiilorth. The name Fraser, spelt also Freser, Frisell, Frissell, Fresel, Friser, Freysel, and Frysell, is not found in Eng- land until 1188, when Radulph Fraser, a Knight of the Household and family of the King of England (Henry n.), was captured by the Count of St. Giles, who was at war with Richard, Count of Poitou, afterwards King Richard i. of England. Radulph was then returning from a pil- 1 Moreri's Grand Dictionnaire Historique, edition of 1759, torn. v. 375. VOL. VII. 2 D 418 ERASERS OF PHILORTH, LORD SALTOUN grimage to the shrine of St. James of Compostella. He was released from captivity by order of the King of France.1 Several other Frasers are found holding lands and offices of importance in England during the thirteenth century.2 The first Fraser who appears in Scotland is Simon Fraser of Keith, who, about 1160, granted the church of Keith with a large tract of ground to the monks of Kelso.3 He died before 1190, when his daughter and heiress Eda, with her husband Hugh Lorens, confirmed this grant to the monks. Eda and Hugh Lorens had a daughter Eda who married Philip de Keith, Marischal of Scotland.4 (See title Mar- ischal.) Contemporary with Simon Fraser of Keith was one Gilbert Fraser who appears as witness to a confirmation by King William the Lion of a charter to the monks of Coldinghame in 1166,5 and he was also witness to another charter to the monks of Melrose before 1182.6 It seems from Lord Saltoun's researches that Crawfurd 7 and Chal- mers8 have confused this Gilbert with a Kyi vert whose name very frequently appears with those of Frasers.9 There was a Udard Fraser mentioned in the charters of some of his descendants, who lived in the latter half of the twelfth century,10 and married a sister of Oliver, son of Kylvert above mentioned, who is said to have been the founder of Oliver Castle in Peeblesshire." He was the father of Adam Fraser, named below. Thomas Fraser is found witnessing charters between 1180 and 1230, but nothing more is known about him. During the early part of the thirteenth century the three chief Frasers in Scotland were Bernard, Gilbert, and Adam, who were all probably the sons of Udard.12 Bernard Fraser, between 1186-88, made an agreement with the Prior and convent of St. Andrews that Bernard Fraser * et heredes de Drem ' should hold the chapel * adeo liberam et quietam sicut aliquis miles de paribus suis habet.' Lord Saltoun does not think, however, that this was the same 1 Benedict of Peterboro, ii. 501, Hearn's edition, 1735. 2 Frasers of Philorth, i. 7. 3 Cart. Kelso, No. 85. * Ibid., Nos. 86, 87, 88, 89. * Cart. Coldinghame, No. cxiv. 6 Cart. Melrose, No. 76. 7 Lives of Officers of State, 270. 8 Caledonia, i. 555. fl Frasers of Philorth, i. 13. 10 Cart. Newbottle, Nos. 74, 76, and 77. « Frasers of Philorth, i. 15, 16. 12 Ibid., 1.13. ERASERS OF PHILORTH, LORD SALTOUN 419 Bernard who appears in the thirteenth century. The younger Bernard (if there were two) witnessed charters of lands in the Milnehalch of North Hales by Maria de Hales, daughter of Kylvert, and sister of Oliver, in her widow- hood, to the monks of Newbottle. He also witnessed the confirmation of that charter ; but notwithstanding, he sub- sequently claimed these very possessions, evicting Maria de Hales therefrom in the Court of Patrick, Earl of Dunbar, and then regranting them to the monks in his own name. His charter, witnessed by William de Bondington, the Chan- cellor, is not earlier than 1230-31.1 He witnessed a charter by Alexander, King of Scots, 10 March 1228-29.2 He con- firmed to the monks of Newbottle a previous charter granted by * Nesius de London frater meus ' of lands in Forton. He was also overlord of Linton.3 He rose to some eminence at the Scottish Court, as is proved by his name coming in a high position among the witnesses of royal charters. In 1234 he is described as ' vicecomes noster de Strivelyn ; 4 after this date he is usually referred to as ' Dominus Ber- nardus Fraser miles.' In 1233 he feued to the monks of the Isle of May the whole lands of Dremes-sheles.5 In 1237 he was present at the meeting of Alexander n. and Henry in. at York, and swore to the observance of the peace then concluded between the two monarchs, and in 1238 acted as Envoy to Henry in.6 He died about 1250. He apparently married a sister of Nesius de London, by whom he presumably had no children, as no trace of any is extant, and his property went to Laurence, son of Adam Fraser.7 ADAM FRASER, the son of Udard, succeeded his maternal uncle Oliver, son of Kylvert, in the lands of Hales.8 He made several grants to the monks of Newbottle.9 Adam married a lady whose Christian name was Constantia,10 and left a son, 1 Cart. Newbottle, Nos. 91, 92, 93, 94, 95. 2 Cat. Docs. Scot., i. 1113. 3 Ibid., 114, 118. * Ibid., No. 165. 5 Cart. Isle of May (St. Andrews), No. 20, p. 16. 6 Cal. Docs. Scot., i. 1440. 7 Crawfurd says Bernard Fraser was succeeded by his son Simon, who was High Sheriff of the county of Tweed- dale (Lives of Officers of State, 270). This can hardly be so, as he would have succeeded to the property also, which went instead to Laurence. 8 Chalmers in Caledonia ascribes the foundation of Oliver Castle in Tweeddale to this Oliver, i. 555, ii. 918 ; Cart. Newbottle, No. 74. • Ibid., etseq. 10/6td.,No. 77. 420 FRASERS OF PHILORTH, LORD SALTOUN LAURENCE, who somehow acquired the lands in North Hales, which had belonged to Sir Bernard. He sold them shortly afterwards, as between 1260 and 1280, Wallevus de Stratheach and Hugo de Gourlay confirmed the grants of Oliver, son of Kylvert, Adam Fraser and Sir Bernard Fraser respecting those lands which they acquired from Laurence Fraser.1 In a charter granted to the monastery of Mel- rose by Sir Simon Fraser, Sir Laurence Fraser * quondam dominus de Drumelliare ' is mentioned as possessor of some lands dealt with.2 It is not known whether Sir Laurence had any children, but in November 1326 Sir William Fraser of Drumelzier resigned the estate into the hands of King Robert I. for infeftment therein of Roger son of Finlay.1 This Sir William may have been a son of Sir Laurence or a nephew ; there is nothing to show. SIR GILBERT FRASER, probably a brother of Sir Bernard and Adam Fraser, is the direct ancestor of the Frasers of Philorth. He is first found in or before 1214 witnessing a charter by Nesius, son of Nesius, to the monks of New- bottle.4 In 1233 King Alexander n. addressed a precept to Gilbert Fraser, Sheriff of Traquair, ordering him to try a cause between William, Bishop of Glasgow, and Mariota, daughter of Samuel, who resigned her claim to the lands of Stobo. He also, as Sheriff, in the same year witnessed a resignation of those lands by Eugene, son of Anabell, another daughter of Samuel.5 He had a man- date from Alexander 11. to imprison all excommunicated persons whom the Bishop of Glasgow should report as having been for forty days under the censure of the Church.6 As Sheriff of Traquair, he witnessed a charter by ' Christiana quondam filia Ade filii Gilbert! ' to the chapel of St. Mary of Ingolfiston between the years 1233 and 1249.7 In 1259 an assize was held in the court of ' Gilbertus Fraser miles vicecomes de Peebles.' One of the members was Nes Fraser.8 Nes Fraser and Laurence Fraser swore with 1 Cart. Newbottle, Nos. 96, 97. 2 Cart. Melrose, 355. 3 Ninth Rep. Hist. MSS. Com., 238. * Cart. Newbottle, No. 111. 6 Cart. Glasguen., Nos. 130, 131. 6 Chalmers, Caledonia, ii. 920. J Cart. Glasguen., 150. 8 Acta Parl. Scot., i. 88 ; documents subjoined to Preface. FRASBRS OP PHILORTH, LORD SALTOUN 421 Earl Patrick in 1244 that they had no part in laying waste the King of England's land in Ireland or elsewhere, nor received any. of his enemies.1 The above records prove that Sir Gilbert Fraser was Sheriff both of Traquair and Peebles. He died probably about 1263, as the next year his son is mentioned as Sheriff of Peebles. His wife's name was Christian,2 by whom he had four sons : — 1. JOHN, of whom later. 2. Simon of Oliver Castle. He is mentioned, together with Andrew, as being brother of William Fraser (infra), which makes it certain that he was a son of Sir Gilbert.3 He succeeded his father in the offices of Sheriff of Traquair and Peebles between 1264 and 1266.4 About 1271 he and his brother Andrew were the subjects of a complaint to the King of England, made by Roger, Rector of Witfield in Durham^ for maltreating him, whilst Beatrix de Witfield and her son Robert, ' cousins of the malefactors ' entered and took possession of his church.5 In 1279 he and his brother Andrew became sureties for William Fraser, then Dean of Glasgow.' Sir Simon died probably c. 1280, and was succeeded by his son, (1) Simon. He was knighted about 1288, before which date the suffix of ' miles ' is always wanting, thus distinguishing him from his father, who was knighted before 1249. He was a j ustice-itinerant in the year 1279, when he and three others held courts at Werke in Tyndale.7 He witnessed charters in 1265 and 1266,8 and was a member of the Council held at Scone on 5 February 1283-84. 9 He was keeper of the forests of Traquair and Selkirk.10 He swore fealty to King Edward i. at Norham on 14 June 1291,11 and was appointed on the part of Baliol one of the auditors who were to hear the pleadings of the Competitors for the Crown, and to report thereon.12 He died in 1291, when the King granted his keepership of the forests to William Comyn ; he left a widow Maria, who married subsequently Richard Siward. Sir Simon left, besides other children, whose names are not extant,13 two sons : — i. Simon, who succeeded him. 1 Col. Docs. Scot., i. 552. 2 Liber Vitce of Durham, 99. 3 Cart. Glas- guen., No. 232. « Cart. Soltre, No. 41 ; Cart. Kelso, 190 ; Cart. Glasguen., No. 216. 6 Cal. Docs. Scot., ii. 290. 6 Cart. Glasguen., No. 232. T Cal. Docs. Scot., ii. 168. 8 Cart. Melrose, 323, 324, 325. 9 Acta Parl. Scot., i. 82. 10 Rotuli Scotice, i. 4, 7. ll Ragman Rolls, Bannatyne Club, 10. n Rymer's Fcedera, ii. 555. ls Stevenson's Hist. Docs. Scot., ii. 92, 93, 96. 422 ERASERS OF PHILORTH, LORD SALTOUN ii. Thomas. The only mention of him is the demand for his lands by Thomas de Gray in 1306, in which he is styled ' frere mons. Symon Fraser.' l Simon succeeded his father in 1291. On 12 July 1292 Edward i. issued a mandate for delivery to him of his paternal lands on payment of 100 merks of relief,2 but the office of keeper of the forests of Traquairand Selkirk was transferred to William Comyn.3 He fought at the battle of Dunbar on 27 April 1296, and made submission and swore fealty to King Edward at Kirkham on 13 October.4 He was taken captive into England, and on 2 January 1296-7 his wife Maria got an allowance of 50 merks out of his lands then valued at 200 merks.6 In October 1298 he had a ' "f errand pomele" horse for his own riding by the King's gift.' 6 He entered into an obligation to fight with the King of England against France : for his services there he received at Ghent, 13 January 1298, the sum of £27, 4s. being his pay as a Knight Ban