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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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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. Clerk to His MAJESTIES Councils Registers and Rolls To be Sold at Thomas Carruthers's Shop in the Parliament-Closs EDINBURGH Printed by the Heirs and Successors of Andrew Anderson Printers to His most Excellent MAJESTIE Anno Dom. 1695. At Edinburgh the Twenty third day of July 1695 years THE Lords of His Majesties Privy Council having Considered a Petition given in to them by Charles Chalmers Shewing that the Viscount of Tarbat Lord Register having from the Authentick Records of the Kingdom wrote a Vindication of Robert the third King of Scotland from the Imputation of Bastardy c. and given the Benefit of Printing the same to the Petitioner which he hath caused do well but at Considerable Expenses And therefore Humbly Craving to the Effect under-written as the said Petition bears They hereby Discharge any to Print the said Book within this Kingdom or to Import or Vend the same for the space of Twentie One years after the date hereof without the Petitioners Licence under the Penalty of Confiscating the Books so Printed Imported or Vended to the said Petitioner his use Per Actum Dominorum Secreti Consilii GILB ELIOT Cls. Sti. Consilii To the KING Sir ALbeit all the Crown'd Heads of Europe who are so by Inheritance be concerned in the Vindication of the Marriage of Robert the 2 d. King of Scotland with Elizabeth Mure yet Your Majesty hath the greatest interest therein the Collection of the Proofs now Published was made by me many years ago and Presented formerly in Write to Your Majesty I did likewise Communicat them to others who have Printed imperfect Accounts thereof and some English-men having lately Endeavoured by their scandalous Pasquels to cast Reproach on the Series of all the English Kings and Queens and desirous to pull those of Scotland into the Contagion Alleadge this only Tash of the Bastardy of K. Robert the 3 d. Son to Elisabeth Mure. If any English-man zealous of the Honour of their Crown and Kingdom shall Vindicat their Royal Family from the Libels as clearly as I have done ours his Book may have a due Reception this Vindication was the Design of my Travel and if with that it be Acceptable to Your Majesty all that 's wish't to it is then attained by May it please Your Majesty Your Majesties most Humble most Faithful and most obedient Subject and Servant TARBAT A VINDICATION OF ROBERT the 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 to ROBERT the II. then STEWART of SCOTLAND and Earl of Strathern THe Excellence of History is so well writ of by some few that it were Indiscretion to repeat and vanity to add to what they have said yet it is allowable enough to regrate the frequent Error even of great Historians in writing what they too easily believe without sufficient A vouchers and thereby imposeing Falshoods for Truth If these Errors fall on Things and Actions they oft-times cause at least occasion great Mischeifs Thus our Scots Writers tho' justly placed in the first Rank have injured the Nation whilst on Design to give a Frame to our Ius Regni some of them have screwed the Soveraignity up to Precipices Others with as little Truth and less Civility depressing it to unsufferable Lowness whence the great evil of Civil War hath too oft Sprung At other times they have cast dirt on persons either by their Supine Ignorance in not searching Records before they publish their Collections or upon malitious Designs to avenge some Disappointments Amongst others our Historians have foully fail'd in relating what concerned King Robert the seconds Marriage and the Legitimacy of his Succession and the fairest Excuse that can be made for them is to cover their fault with the shade of others who tho' prior to them yet did writ at a great distance from the Actions and Persons of whom they wrote and rushed into Falshoods because they did writ without proof and choosed rather to make a Criminal Noise than to keep Innocent Silence For had our Historians been at the trouble to look into our Records before they wrote our History they had saved mine in vindicating our Royal Line and all the Hereditary CROWN'D HEADS in Europe from the Tash of Bastardie in their Descent from Robert the second King of Scotland and from Elizabeth Mure or More his Wife who in their Relations is falsly stated a Concubine whereas what hereafter follows will prove near to a Demonstration that She was his lawfull Wife so well secured in that Title that her Husband could not be allowed to quarrel it tho' he had inclined to do so as indeed he never did Our four Historians Major Boetius Lesly and Buchanan have followed one another in relating that Robert the STUART of SCOTLAND Grand-child by a Daughter to Robert the first Nephew to David the second whilst he was STUART of SCOTLAND Earl of Strathern had several Children by Elizabeth Mure who was not his Wife and since it were needless to repeat the words of all the four I shall take Buchanans as the last and of greatest credit who speaking of the beginning of King Robert the 2 ds Reign page 318 in the Francfort Edition of his History in Octavo gives this account Rebus ita primo biennio feliciter succedentibus tertio ab inito Regno anno Euphemia Regina Hugonis Comitis Rosiae filia moritur Ex ea ternos Liberos genuer at Walterum posterius Jerniae Davidem Atholiae Comites Euphemiam quam Jacobo Douglassio nupsisse à nobis ante commemoratum est Robertus non tam impatientiâ caelibatus quam amore filiorum ex Elizabetha Mora prius gentorum ipsam Vxorem duxit Hanc enim eleganti formà Adami Mori illustris equitis filiam adhuc adolescens vehementer amaverat ex eaquae tres filios ac duas filias susceperat eamq Giffardo viro nobili in Lothianam curaverat collocandam verum sub idemfere tempus Euphemiâ Reginâ Giffardo Elizabethae marito defunctis Rex sive consuetudine vetere Morae inductus sive quod à multis traditur ut filios quos ex eagenuerat legitimos faceret matrem eorum sibi matrimonio conjunxit filios statim divitiis honoribus auxit Johannes natu maximus Carrictae Robertus Taichiae Alexander Buchaniae Comites sunt facti adjecta etiam Badinacha nec hac munificentia contentus Comitis ad Sconam indictis obtinuit ut praeteritis Euphemiae liberis in Rege creando gradus aetatis observarentur Quae res postea tam numerosam Familiam prope extinxit From
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