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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
volente Deo habiturierant post mortem patris sui ipsumque juvabunt atque defendent de toto posse contra quoscunque mortales Quibus sic actis praefati Praelati Comites Barones ibidem existentes sigilla sua huic scripto apposuerunt ad perpetuam futuram memoriam in testimonium omnium praemissorum una cum signo subscriptione publici tabellionis subscripti Acta fuerunt haec apud Abatiam de Sconae Mense die annis supradictis Et ego Joannes Rollo Clericus Moravien Diocaesis publicus auctoritate Apostolica Notarius praedictis indicationi Declarationi Affirmationi nec non Promissioni manuum levationi ac Magistri Joannis de Peebles populo publicationi una cum venerabilibus in Christo patribus Dominis Wilielmo Waltero Patricio sancti Andreae Glasguen Brechen Ecclesiarum Episcopis ac discretis viris Dominis Joanne de Carrick Canonico Glasguen Wilielmo de Biggar Rectore Ecclesiae de Errol Cancellario Camerario Scotiae nobilibus viris potentibus Dominis Thoma de Marr Gulielmo de Douglas Roberto senescal Comitibus Thoma de Hay Gulielmo de Keith Constabulario Mariscallo Scotiae Archibaldo de Douglass Jacobo de Douglass Roberto de Erskin Alexandro de Lindsay Thoma de Erskin Duncano Wallace Baronibus ac Militib Magistro Joanne de Peebles supradicto multis aliis praesentibus ad praemissa vocatis pariter rogatis primo in secreta camera praedicti Domini nostri Regisin suo secreto Concilio post in Camera ut dictum in publicum coram populi multitudine hoc approbante factum Anno Die Mense locis supradictis indictione nonâ pontificatus sanctissimi in Christo patris Gregorii undecimi divina providentia Papae quia presens interfui itaque omnia singula superius expressa dum sic agerentur scivi vidi audivi praesens Instrumentum manu alterius scriptum signo meo consueto ad instantiam predicti Domini Joannis Domini Regis primo-geniti Comitis de Carrick SCOTIAE SENESCALI I signavi mea propria manu subscribens vocatus pariter rogatus in testimonium omnium praemissorum The Names of the Subscribers whose Names and Seals are at this day extant and appended to the Declaration and Act above insert Bishops St. Andreae Glasguen Dunkelden Aberdonen Moravien Rossen Dumblanen Caitenen Brechenen Ergaden Gallovidien Cancellarius Comerarius Dumfermling Aberbroth Melros Sconen Prior Sti. Andreae E. Marr E. Marchiae E. Strathern E. Menteith E. Levenax Dominus Jacobus de Lindsay Constabular Mariscall D. Jacobus de Douglass Walterus de Lesly D.R. de Erskin D. Alexander de Lindsay D. Walterus de Halyburtoun D. Wilielmus de Cuninghame D. Jac de Danielstoun D.H. de Eglintoun Prior St Crucis Kelcho Jedworth Kilwyning Cambustionel Couper Lindors Newbottle Driburgh D. Alexander de Gordon D. filius Walthi D. Pat. de Heburn D. de Dinisdeer The said Act and Declaration rendred in English IN the Name of the Blessed and undivided TRINITY of the Father Son and Holy Spirit Amen Upon the 27 th day of the Moneth of March and year from the Incarnation of Christ 1371 according to the Custom and Computation of the Church of SCOTLAND The most Renowned Prince ROEBRT KING of SCOTS at Scoon the time of his Highness Coronation the Bishops Earls Barons and others of the Clergy and People of his Kingdom standing by and there present after the sacred Solemnities of His Anointment and Coronation were ended and the Declaration of his Right by which the said Illustrious PRINCE did succeed and ought to succeed to David KING of SCOTLAND his Uncle and Predecessor as well by propinquity of Bloud as upon the Account and by Reason and by vertue of certain instruments made in the time of ROBERT KING of SCOTLAND his Goodsir and Predecessor of worthy Memory then opened up and publickly read And the usual Oaths of Homage and Fidelity being taken by the said Prelats Earls Barons and others of the Clergy and People there present used and wont of old to be exacted at the Coronation of the KINGS of SCOTLAND Being desirous after the Custom and Example of the foresaid Good KING ROBERT his Grand-father of blessed Memory to declare before the Clergy and People his Successor and true Heir tho' the same did clearly appear and might abundantly be known by the unanimous Consent and Assent of the said Prelats Earls Lords and Barons His Sacred Majesty did Declare Assert Acknowledge Manifest and Will that whenever it should happen his Highness at the pleasure of Almighty GOD to depart from this Life Lord JOHN his Majesties eldest Son Earl of Carrick and STEWART of of SCOTLAND should and ought to be his lawful Heir and after his Highness Death should succeed to him in the Kingdom of SCOTLAND by the providence of GOD And that after him he should sit and ought to sit upon the THRONE of the Kingdom Which Declaration being so emitted by our Soveraign Lord the KING himself concerning his said eldest Son and Heir Every one of the said Prelats Earls Lords Barons and others there present with a full Voice one by one for himself Heirs and Successors did Assert Affirm Acknowledge Declare and Will that the said Lord JOHN after the death of his said Father being to the sore and on Life by the grace of GOD should be KING of SCOTLAND as lawful Heir of his said Father Promising each of them bona fide and having their Hands lifted up to Heaven in token of their Sincerity that he should be had and esteemed as their KING and lawful Heir of his said Father And that they should Assist and Defend him against all Mortals As also that they should Append and put their Seal to the Act or Statute to be made thereupon in token of their Consent and Promise of these things whenever they should be required thereto Which Acknowledgment Promise and Oath given by them in the Council of our Soveraign Lord the King's Majesty did cause the Right Venerable Mr. John Peebles Clerk of the Records of the Diocess of Glasgow to Insert and Record in publick Register That forasmuch as he had sufficiently declared the said Lord JOHN his eldest Son to be now his true Heir and that by Law he ought after his death at the Disposal of GOD to be KING of the Kingdom of SCOTLAND And that forasmuch as the said Earls Lords and others of the Council did Affirm Acknowledge Consent and by Oath as said is Promise And that his Highness had called the People with the Clergy to the effect in their presence and by their unanimous Consent the same might be Decreed and Published least any should pretend Ignorance of this any manner of way in time-coming The whole Multitude of Prelats Earls and Barons and others as well of the Clergy as People with one accord unanimous Consent and Will none at all gainsaying Did Affirm Acknowledge and Will That the said Lord JOHN as eldest
earundem sine aliqua difficultate ipsis dare sasinam de terris possessionibus supradictis prout haec alia in patentibus literis Reginaldi More sigillo suo ac sigillo nostro Roberti SENESCALLI scotiae supradicti necnon sigillo officarii Curiae Glascuensis plenius vidimus tineri Nos vero Robertus SENESCALLVS scotiae supradictus Joannes Senescallus ipsius filius dominus de Kyle per Abbatem Conventum Monasterii de Pasleto cum constantia requisiti quod cum dictus Reginaldus dominus Wilielmus filius suus haeres per dictum annuum redditum per plures annos a tempore dictae obligationis promissionis factarum adictis religiosis viris percepit ac ipsi per captionem Namorum compulsionem terrarum suarum aliquando maxime per dictum dominum Wilielmum More coacti compulsi ipsum annuum redditum persolverunt nulla Litera Quittationis aut securitatis promissa pro parte dicti Reginaldi aut dicti Domini Gulielmi juxta formam dictae suae obligationis eisdem Abbati conventui Monasterii de Pasleto deportata exhibita vel ostensa cederemus addandam sasinam eisdem religiosis viris Abbati conventui Monasterii de Pasleto de terris possessionibus supradictis juxta dictarum literarum continentiam atque formam volentes ad requisitionem earundem virtute obligationis praedictae submissionis in nos factae praedictis Abbati Conventui Monasterii de Pasleto super praemissis de remedio debito providere ipsas terras viz. Terram de sanakar de Camsestrang de Doulargis de Coudams de Stafflour terram de Hormiesdale in manibus nostris ex unanimi nostro consensu propter hoc prius sasitas ad tempus ex causa Deo beatae Mariae sancto Jacobo sancto Marino religiosis viris Abbati Conventui Monasterii de Pasleto ibidem Deo servientibus servituris in perpetuum Damus concedimus hac praesenti Cartà nostrà confirmamus c. In cujus rei testimonium praesenti Cartae sigilla nostra sunt appensa his testibus venerabili patre domino Roberto Abbate de Kilwinning Domino Hugone de Eglingtone Domino ejusdem Domino Alexandro Senescallo Domino Cruickstoun Domino Joanne de Danielstoun domino ejusdem Domino Adam Fullartoun Domino de Corsbe militibus Thoma Sempil Dominò de Eglistoun Joanne de Maxweltoun Domino de Pollock aliis This Charter alone were proof enough for here are many Witnesses of good Quality and the nearest Neighbours who being Witnesses that JOHN the Son of Elizabeth Mure was repute and known to be the eldest Son and Heir of Robert STEWART of SCOTLAND long before he was King long before the decease of Eupheme Ross and that as such he shared with his Father in his Estate and Honours and albeit it want a date yet since it confirms a Writing made by Reginald More in the year 1320 and that it is registrat shortly after the Registration of the same Writing there is no reason to doubt that it was made long before he was KING But not to rely on one Testimony or Proof there are many Mediums which prove our Assumption There is another Charter dated in the year 1361 on the 20 of July as follows Omnibus hanc Chartam visuris vel audituris obertus SENESCALLVS Scotiae Comes de Strathern salutem sciatis nos ob reverentiam Domini nostri Jesu Christi beatissimae virginis Mariae beati Jacobi sancti marini ac omnium sanctorum pro salute animae nostrae antecessorum successorum nostrorum Ratificasse approbasse confirmasse religiosis viris Abbati Conventui Monasterii de Pasleto ibidem Deo servientibus servituris in inviolabilem puram perpetuam Elymosinam omnes Donationes Concessiones Confirmationes infeodationes quas antecessores nostri eisdem religiosis viris caritativè contulerunt Et ut voluntatis nostrae intentio lucidius elucesscat iterando concedimus donamus totales terras de Aldhouse de Ardestoun de Insula Monachorum inter Kert Grief de Fultoun c. Eosdem etiam viros religiosos ex gratiae nostrae ferventis abundantia ab omnimodis servitiis secularibus eximimus eruimus liberamus In cujus rei testimonium sigillum nostrum praesentibus est appensum apud Clunie secundo die Julii A. D. 1361. Testibus Joanne SENESCALLO Domino de Kyle primo-genito nostro Waltero senescallo dilecto fitio nostro Joanne de Ross Stephano de Ross Gulielmo de Balcaskie Gulielmo de Lindsay multis aliis Take yet another Charter Robertus SENESCALLVS Scotiae Comes de Strathern salutem in Domino sempiternam noverit universitas vestra nos de consensu assensu dilecti primo-geniti nostri haeredis Jonnis SENESCALLI Comitis de Carrick dedisse concessisse hoc praesenti scripto nostro confirmasse dilecto nostro Allano de Laudre tenente nostro in Whitsled pro bono fideli servitio nobis impenso impendendo omnia proficua servitia debita seu debenda viz. Wardas cum Maritagiis relevia albas firmas eorum duplicationescum Eschaetis Curiarum servitiis libere tenentium de tenendriis de Lukieside Legerwood Monston Aldinniston cum pertinen inperpetuum infra Comitatum de Berwick super Twedam tenend de nobis c. Reddendo dictus Allanus haeredes sui Domini de Whitsled unum denarium c. Nos vero Robertus SENESCALLVS scotiae praedictus haeredes nostri praedicti Barones de Renfrew totam terram praedictam warrantizabimus defendemus dicto Allano haeredibus c. In cujus rei testimonium huic praesenti Cartae nostrae sigillum nostrum est appositum una cum sigillo haeredis nostri praedicti apud Renfrew Testibus Domino Roberto de Erskin Joanne de Danielstoun Adam de Fullartoun militibus Whilst Robert the 2 d. was Earl of Strathern Iohn as Lord of Kyle did grant a Charter to John Fullertoun Son to Adam Fullertoun of Harperland and Easter and Wester Calnes in Kyle Stewart which Charter of his is confirm'd to the said John Fullertoun by his Father King Robert anno regni primo There is a Charter granted by King Robert the 2 d. whilst he was Earl of Strathern with Consent of John his eldest Son and Heir to Allan Lawder of the Lands of Whitslet and Moristoun in Berwick Shire sealed by his own Seal and by the Seal of John his eldest Son and Heir Which Charter is confirmed by him when KING annoregni primo This Allan is afterwards designed Allan Lawder of Hattoun in a Charter granted to him by the said KING of the Lands of Ratha in Edinburgh Shire Anno Regni septimo These Charters and many others extant on Record do sufficiently evince that John Son to Robert Earl of Strathern was own'd by his Father as his eldest Son and Heir and did share with him in his Honours and Estate long