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A35066 A vindication of Robert III, King of Scotland from the imputation of bastardy, by the clear proof of Elizabeth Mure (daughter to Sir Adam Mure of Rowallan) her being the first lawful wife of Robert the II, then Stewart of Scotland and Earl of Strathern by George, Viscount of Tarbat, &c. ... Cromarty, George Mackenzie, Earl of, 1630-1714. 1695 (1695) Wing C7027; ESTC R6005 24,829 54

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Son and Heir of our Soveraign Lord the KING his Father should be their KING And with Hands lifted up to Heaven in token of their sincerity promised that they should have and esteem him after the death of his Father for their future KING by the strength of Almighty GOD and that they should Defend and Assist him with all their Might against all deadly Which things being so done the s●ids bishops Earls and Barons there present did Append and put their Seals to this Decree for ever In testimony of all the Premisses together with the Sign and Sub●tion of the publick Clerk under-subscribing These things were done at the Abbacy of Scoon Day Moneth and year of GOD above-written c. Here is only the Most authentick Evident which perhaps Europe can shew giving an irrefragable Proof that John afterwards called Robert eldest Son to Elizabeth Mure was in the first year of his Fathers Reign owned and acknowledged as his eldest lawful Son and Heir and undoubted Successor to the Crown and that in the lifetime of Queen Eupheme to which her Son in law the Earl of Douglass his Seal amongst others is appended And therefore Elizabeth Mure his Mother was lawful Wife to Robert Earl of Strathern afterwards KING and consequently it is false that these Children were only legitimat by King Roberts marrying their Mother after Queen Euphems death and after the third year of his Reign And that the Act of Parliament recognizing Iohn as such was past in the fourth year of the said King's Reign This solemn Act and authentick Record yet extant doth evidence to a Demonstration to the dishonour of those negligent Historiographers who did write so confidently what this Act and Instrument doth so clearly canvel Nor is it so by this great Act only but by very many other authentick Documents standing in Record as a Charter granted on the 13 th of Iune Anno Regni primo to Allan Lawder of Whitsled and the other Charters before mentioned and twenty others not mentioned which all bear Record that in the first year of King Robert the seconds Reign and in Queen Euphems Lifetime the KING the Prelats the Lords and all who received Charters from the King did look on the said John as his undoubted eldest Son and Heir Earl of Carrick and STEWART of SCOTLAND and the Charters granted to and received by Queen Eupheme by her Son David and her Son Walter for services to the King and his Heirs do carry in them John is the undoubted eldest Son and Heir Albeit what is said seems demonstrative enough yet to leave no part of this injurious Lybel unransaked We shall next shew that before Robert the second yea very many years before whilst he was Earl of Strathern and STEWART of SCOTLAND JOHN his Son was owned by him and by the whole Nation as his eldest Son and Heir There is a Charter wherein Robertus Senescallus Scotiae Comes de Strathern Joannes Senescallus filius noster primo-genius Haeres confirm a Mortification made by Reginaldus More Pater Wilielmi More Equitis to the Abbacy of Pasly recorded in their Register which tho' it want a Date yet there follows in the same Register a Charter given by the said Robert Senescallus Scotiae confirming all Gifts given by his Predecessors and himself to the Abbacy of Pasly dated anno 1361 which was nine years before he was KING In which amongst other Witnesses Joannes Senescallus Dominus de Kyle primogenitus noster is one Which verifies also that his Father did communicat his Honours and Estate with him at that time This Charter is recorded in Fol. 39. of the Register of Pasly In the year 1328. on the thirteenth of February there is a Submission recorded in the said Register of Pasly betwixt the Procurator of the said Abbacy called Andrew Kelcho who was Prior of the Abbacy on the one part and Reginald More or Mure Procurator for the Master Channons and Monks of Simpringhame concerning 40 Merks of Annuity payable by the Abbacy of Pasly to Simpringhame and assigned by them to the said Reginald On which submission the Abbot is decerned to pay the 40 Merks to Reginald and his Successors he getting a sufficient Write from those of Simpringhame to secure Pasly for what they pay And for further Security to the Abbacy Reginald and his Son Sir William consign a Write disponing his Lands of Sanackar Camsestrang Doulargis Cowdams Stafflour and Hormisdale lying in the Baronies of Renfrew and Cowall in Warrandice to the Abbacy for securing them until he produced the said Writing from Simpringhame as said is he having failed for two years to procure the said security from Simpringhame those of Pasly addressed to Robert Earl of Strathern STEWART of SCOTLAND and to JOHN his eldest Son and Heir Who were Superiors of the Lands disponed by Reginald to them for their Security desiring a Charter whereby they might be seased in the saids Lands Which Robert and his said Son did grant and it is recorded in Folio 16. of the old Register of Pasly The Charter is long and therefore I have only abstracted out of it what is useful for our purpose as follows OMnibus hanc Cartam visuris vel audituris Robertus SENESCALLUS Scotiae Comes de Strathern JOANNES SENESCALLVS primo-genitus Haeres ipsius Dominus Baroniae de Kyle salutem in Domino sempiternam cum dudum Reginaldus More pater domini Wilelmi More militis concesserit pro se haeredibus suis firmiter obligaverit omnes terras suas subscriptas in Baronia de Kyle de Cowall viz. Terras de Sanakar de Camsestrang de Doulargis de Cowdams de Stafflour terram de Hormisdale quascunque alias terras suas possessiones infra dominum nostrum existentes religiosis viris Abboti conventui monasterii de Pasleto ordinis cluniacensis Glascuensis diocesis fore applicandas perpetuis eorum usibus appropriandas in casu quo ante primam solutionem sibi faciendam cujusdem annui redditus quadraginta Mercarum In quo dicebat idem Reginaldus dictos Abbatem conventum magistro Canonicis Monialibus de Sympringhame in Anglia singulis annis obligat Literas quietae clamationis perpetuae securitatis a praedicto Magistro Canonicis Monialibus de Sympringhame non procuraret ac eisdem Abbati conventui Monastrii de Pasleto praedictarum literarum praetextu virtute munitis praedictis Magistro Canonicis Monialibus de Sympringhame de praedicto annuo redditu in toto vel in parte non tenerentur in perpetuum ulterius respondere ac super hoc praedictus Reginaldus pro se haeredibus suis subjecerit praedictas terras voluntati ordinationi cognitioni SENESCALLI scotiae qui pro tempore fuerit patronus dicti Monasterii de Pasleto quod libere possit in favorem dictorum religiosorum virorum Abbatis Conventus Monasterii de Pasleto ad requisitionem
nos seu alium vel alios clam vel Palam directe velindirecte procuraverimus seu procuraverit impediri obligamus nos haeredes nostros per omniabona nostra Mobilia Immobilia ad solvend dictas decem Mercas de aliis Redditibus nostris ubi Episcopus Glascuensis qui pro tempore fuerit vel Capitulum ejusdem sede vacante duxerit eligendum toto tempore quo cessatum fuerit a solutione dictarum decem Mercarum percipen de annuo Redditu supradicto subjicientes nos haeredes nostros jurisdictioni coertioni Episcopi Glascuensis ipsius Officialis qui pro tempore fuerint ut ipsi per omnimodam censuram Ecclesiasticam nos haeredes nostros compellere valeant ad percipienda omnia singula supradicta in quo casu defecerimus vel defecerint quod absit in aliquo praemissorum ultra omnia praenotata nos haeredes nostri praedict Donationem Concessionem nostram de dictis decem Mercis annuis precipien ut supra de annuo Redditu praedictis Episcopo Ecclesiae Glascuensi Capellano qui` pro tempore fuerint contra omnes homines faeminas warrantizabimus acquitabimus in perpetuum defendemus In cujus rei testimoniumo sigillum nostrum una cum sigillo Joannis SENESCALLI Domini de Kyle primo-geneti haeredis nostri praesentibus est appensum his testibus venerabili patre Domino Roberto Abbate Monasterii Killwyning Dominis Joanne SENESCALLO fratre nostro Hugone de Eglingtoun Thoma de Fauside militibus Joanne Merser Burgensi de Perth Joanne de Ross Joanne Tayt armigeris aliis apud Perth duodecimo die Mensis Januarii anno Domini millesimo trecentesimo sexagesimo quarto Sigilibatur autem dicta Charta duobus sigillis rotundis ex cera rubra super alba quorum unum refert fasciam tesselatam in Circumferentia scriptum habens literis legibilibus ✚ sigillum Roberti SENESCALLI Scotiae Alterum item refert fasciam tessalatam duplario limbo liliis contra positis consitam in Circumferentia scriptum habens literis legibilibus S. Johis SENESCALLI in quorum omnium fidem praesentes literas omnium nostrorum manu subscriptas sigillo Regalis monasterii insigniri voluimus Datum in eodem monasterio die anno suprascripis Camillus Lesellice Abbas de Louuois H. Caille F. Joannes Mabillon Jalaze Eusebius Renaudot Nicolaus Clement F. Theodoricus Ruinavt Et Nos Hilarius Rouilli Dominus du Caudray Regi sanctioribus Consiliis Regiis in supra Rationum Curia procurator Qui huic virorum eruditissimorum rerum antiquarum peritissimorum Conventui interfuimus Chartam illam inspeximus examinavimus eorum sententiam suffragio nostro approbandam duximus censemusque nullomodo dubitari a quoquam posse quin ea sit verissima omniprorsus supicione carcus in quorum omnium sidem hoc nos manu nostra propria subscripsimus Sigillum apponi fecimus datum ut supra Rouille du Caudray Et Comites Barones alii Regis magnae Britanniae subditi infra scripti presentes sumus dum praedicta Charta inspiceretur examinaretur a supra scriptis viris eruditissimis eorum antiquorum peritissimis candemque nos pariter vidimus sanam integram reperimus in quorum fidem has praesentes literas Chyrographis nostris sigillis firmavimus datum ut supra This Charter granted on the 12. day of January 1364. in performance of a former Obligation and on so long before that the eldest Son of the Marriage with Elisabeth viz. JOHN is a Witness in this Deed under the Designation of the Lord of Kyle and eldest Son and Heir to the said Robert so that the Dispensation for a Marriage to be contracted could be no less than ten or twelve years before that Date And consequently the Marriage with Elizabeth Mure was not in the year 1373. altho' Eupheme Ross had then died as she did not for six years thereafter but the Marriage behoved to be at least 20 years before he was King and 29 years before Eupheme Ross died according to Fordan's account of her Death and 23 years before her Death according to Buchannan and Boetius and if there were no more to canvell the Authority of the groundles Histories but this single Document it were more than sufficient For it first proves that Elisabeth Mure was a person of Quality of Consanguinty and near Relation to the King and it is very probable she might have been so since the Baron of Rowallan was of near neighbour head to the Lords of Kyle and a proper Match for any of the Daughters of that Family and who by authenitck Documents yet upon Record and extent in Rowallans Charter-Chest appears to have been Heretor of 100 Merk-lands of Property and Superiority of old extant above these 300 years which is more than the Estate of ordinary Barons and our Historians telling she was the Daughter of a Knight called Sir Adam Mure and there being then no Families of that Name in Scotland and of that Quality but Rowallan Abercorn those of Abercorn who were co-temporary with Robert Earl of Strathern were Reginald the Father and Sir William the Son and Reginald Son to Sir William but no Sir Adam as appears by several Writs extant in the Records of Pasly in the Reigns of K. David Bruce Robert the 2d and Robert the 3d. there are several Charters and Writings on Record granted to those of Abercorn by the said Robert of Strathern but never with the Designation of Consanguineus or importing any Relation whereas this Dispensation evinces that the Family of Elisabeth Mure was in Consanguinity to the said Robert Nor was it a Disparagement for any Earl to marry a Knights Daughter and about that very time King David Bruce did marry the Daughter of Sir John Logie and Robert the third then called JOHN shortly thereafter whilst PRINCE of SCOTLAND did marry the Daughter of Sir Drummond Predecessor to the now Earl of Perth as appears by a Charter following on a Contract of Marriage confirming the PRINCE and the said Lady in several Lands anno Regni 3. which is extant in the Rolls of the Great Seal This Charter of Mortification to the Church of Glasgow likewise evinces that this Lady was so far from being a Concubine that the Earl of Strathern was at the pains to procure a Dispensation from the Pope before he could have her in Marriage And by the tenor of the Paper it is clear that the Dispensation was obtained before the Marriage was consumate And yet the eldest Son of the Marriage is a conjunct Disponer in this Charter with his Father of ten Merks Sterling to the Chaplain of Glasgow in the year 1364. In which year and in this most authentick Document under the Sign and Seal of her Husband before famous Witnesses she is spoke of as dead at that time Nor was there so great a Disparity betwixt the first and second