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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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Tailzie of his Lands to the youngest Son of Mariota and failing of him to the second Son of Mariota and failing of him to the eldest Son of Mariota For another Charter granted to Mariota of the Lands de nigra Aula and others makes JOHN to be her eldest Son Alexander the 2 d. and James the 3 d. what this Mariota or Moram were I know not that being nothing to our purpose But if any pleases to palliate our Historians Error by their placing Moram the last Concubine for Elisabeth Mure the first undoubted Wife they may for me so they likewise tell that Elisabeth Mure was dead long before the year 1364. And thus the Propsition of this whole syllogism being undenyable the Assumption being proven by so many Mediums I presume no rational man will deny his Assent to the Conclusion and confess that Elisabeth Mure was the first and lawful Wife of Robert Earl of Strathern STEWART of SCOTLAND and that all her Children were lawful Children and the eldest called first IOHN and thereafter ROBERT the 3 d. was the lawful undoubted Heir of the Crown And his Title behoved to be esteemed sacred by the whole Nation when they so peaceably obeyed him and own'd his Soveraignity altho he was one of the weakest men both of Body and Mind that ever was amongst our Kings which also Guarded him and his Infant Children from the Rebellion of his Subjects and the Usurpation of his Relations albeit Occasions seemed to favour such Inclinations in his Uncle the Governour a man of great Wisdom and Action and Vicegerent very long in the Royal Power and who as some write wanted not Inclinations to aspire had he not been keep 't down by his Brother and Nephew 's just Title And had there been a Shadow of Right in the Children of Eupheme Ross who were strengthened with so many and so great Relations in the Kingdom it had been a meanness in them never to claim their Right from so silly a Brother and infant Nephews But the Impediment did ly in the undoubted Title of ROBERT the 3 d. and of his Son James the 1 st which made the whole Nation resent the Attempt made for the Crown by the Children of Eupheme Ross in the Earl of Athol's murdering of James the first by a Revenge of that Deed famous over Europe and moved most certainly from the then Notoriety of King JAMES'S Title FINIS The Descent of K. Charles the 2 d from Fergus the 1 st Charles 2 Son to Charles 1 Son to Iames 6 Son to Queen Mary Daughter to James 5 Son to James 4 Son to James 3 Son to James 2 Son to James 1 Son to Robert 3 Son to Robert 2 Son to Marjory Sister to David and Daughter to Robert 1 Son to Robert Earl of Carrick Son to Robert Bruce who competed with the Baliol Son to Isabel Daughter to David Earl of Huntingtoun Son to Henry Prince of Scotland Son to David 1 Son to Malcolme Canmoir Son to Duncan Son to Beatrix Daughter to Malcolme 2 Son to Kenneth 3 Son to Malcolme 1 Son to Donald 6 Son to Constantine 2 Son to Kenneth 2 Son to Alpine Son to Achaius Son to Etsinus Son to Eugenius 7 Son to Finnanus Son to Eugenius 5 Son to Dongard Brother to Maldum and Son to Donald 4 Son to Eugenius 4 Son to Aidanus Son to Connanus Son to Dongardus Son to Fergus 2 Son to Erthus Son to Ethodius 3 Son to Fincormachus Son to Alduin Son to Baldus Son to Findocus Son to Athirco Son to Ethodius 2 Son to Ethodius 1 Son to Adona Sister to Mogallus and Daughter to Bengillis Sister to Corbred 2 and Daughter to Corbred 1 Son to Cadallam Son to Egelfa Sister to Metellanus and Daughter to Birsa Brother to Ederus and Son to Dochamus Son to Durstus Son to Finnanus Son to Josina Son to Reutherus Son to Dornadilla Son to Mainus Son to FERGUS 1 FINIS Proposition Assumption not legible Objest 1. Object 2. Objest 3.
Marriage for Eupheme Ross was but a Widow when he married her and Widow to the Earl of Murray as a Charter granted by David Bruce anno 1341. to Robert SENESCALLVS his Nephew and Eupheme Countess of Murray his Wife of the Lands of Methven does prove and is extant in the Records And to evince further that there is certainty enough of Elisabeth Mures being Rowallans Daughter there are in Rowallans Charter-chest these following Writings Rex we charge you to gife seizing till Muir the Son and Aire to of the Lands Reservand to us the Ward and Releif of ye saids Landis reservand also the frank tenendry to Dame Iannet Mure whyleom wife to Adam Mure Knight halding yir our Lers for your Warrand Gifen under Our Signet at Dumfermling last day of Feb. and of Our Reign the 23. yheir Which Precept of Seasin is directed thus at the end thereof Dilectis fidel nostris vicec de Aire Beliv de Cunninghame Nota Where Blanks are left in this Precept the Words are worn out in the Original the Paper being torn in several Places It is likewise to be Noted that in the Circumference of the Seal appended to this Precept there appears yet visibly DAVID REX in plain characters RObertus Dei gratia Rex Scotorum Omnibus probis Hominibus totius terrae suae Clericis laicis salutem sciatis nos dedisse concessisse hac praesenti Carta nostra confirmasse Dilecto Consanguineo nostro Adae Mure de Rowallane Militi pro Homagio servitio suo nobis impensis impendendis omnes terras de Rowallane cum pertinen jacen in Baronia de Conyghame infra Vice-comitatum de Aire Quaequidem terrae cum pertinentiis fuerunt dicti Adae quas dictus Adam non vi aut metu ductus nec errore lapsus sed mera spontanea voluntate sua in propria persona sua in praesentia plurium Regni nostri procerum fidelium nobis per fustem Baculum sursum reddidit purèque simpliciter Resignavit ac totum jus Clameum quae in dictis terris cum pertinentiis habuit vel habere potuit pro si haeredibus suis die Confectionis praesentium in manus nostras omnino quietem clamavit in perpetuum Tenendas Habendas dictas terras de Rowallane cum pertinentiis dicto Adae haeredibus suis de nobis haeredibus nostris in feodo hereditate per omnes rectas metas divisas suas in unam integram liberam Baroniam in boscis planis pratis pascuis pasturis moris maresiis aquis stagnis vinariis viis semitis molendinis multuris earum sequelis aucupationibus venationibus piscariis brasinis fabrinis cum furca fossa sok sak Tholl Theam Infang-thief out-fang-thief cum servitiis liberè tenentium earundem Terrarum de Rowallane cum curiis earum exitibus nec non cum omnibus aliis singulis Libertatibus Commoditatibus asiamentis ac justis pertinentiis quibuscunque tam non nominatis quam nominatis tam sub terra quamsupra terram prope procul ad dictas terras cum pertinen Spe●●antibus seu quovismodo just● spectare valentibus in futurum libere quiete plenariè integre honorifice bene in pace Faciendo inde nobis haeredibus nostris dictus Adam haeredes sui tres sectas ad tria placita nostra Capitalia Baroniae nostrae de Cuninghame quolibet anno apud Irwin tenend In cujus rei testimonium praesenti Cartae nostrum magnum praecipimus apponi sigillum testibus venerabilibus in Christo patribus Mattheo Gilberto Glasguen Abredonen Eclesiarum Episcopis Roberto de Fife de Menteth fratre nostro dilecto Archibaldo de Douglass Domino Galawidiae consanguineo nostro Comitibus Jacobo de Duglass Domino de Dalkeith Thoma de Erskin consanguineis nostris dilectis militibus Alexandro de Cockburne de Langtoune Custode magni sigilli nostri apud Irwing undecimo die Novembris Anno Regni nostri secundo ROBERT Duke of Albany Earl of Fife and of Menteith and Governour of Scotland til al and sundry to quhais Knawladge yir presents Letters shall to come Greeting for quhy that is meritable thing to bere Witness to the suthfastness and yarefore it is yat we do Witness by thir our Letters yat in our last general Counsale halden at Perth with Dliverance of the three Estates yair beand assemblit we lete to Borch til Dame JOHANNE of Danyelstoun wife to Quhileme our Cousin Adam Muir of Rowallan Knight alle and sundry his Lands of the Barony of Polkelly and alle uthurs hir Lands pertenand til hir by way of hir Terce or otherways of Right and of Law the whilks were recognist of lang time in our hands of before and this til alle and sundry that it efferis or may effere we make it kend by thir our presents Letters to the quhilks we have gart set our Sele at Down in Menteth the penultim day of August the yheir of our Lord mill cccc and fifteen and of our Governal the tend year BY which Evidents t' is clear that in the time of David the 2 d. there was a Sir Adam Muir of Rowallan that he was also in the time of Robert the 2 d. that he had a Son called also Sir Adam who in K. ROBERT the 3 ds time is designed in the Charter CONSANGVINEVS Noster and was indeed his Cousin German by Elizabeth Mure. AND for further proof Mr. David Chalmers one of the Senators of the Colledge of Justice a man of Learning and Probity in an Abridgement writ by him of all the Popes Emperors Kings of FRANCE SCOTLAND and ENGLAND which was Printed at Paris and dedicated to King HENRY the 3 d of France and grounding his Proofs as to Scots matters on Turgot and Bishop Elphinston who indeed only transcribed and gave some Addition to Veremudus and on the Collections of John Swinton and John Campbel two Church-men in Relation to this Subject hath these words Ce Roy de Escosse viz. ROBERT the 2 d meurant laissa de Elizabeth fille d' Adam Mure Baron de Rowallan trois fils deux filles c. And Mr. John Lermond Chaplain to Alexander Bishop of St. Andrews in his Collection of the Scots Antiquities asserts that he saw a Testificat under the hand of Roger Mcadam a Priest bearing that he the said Roger did marry Robert the great STEWART of SCOTLAND to Elisabeth Mure Daughter to Rowallan These Testimonies are Proofs as much as is ordinarly required for Historical Narrations But the forementioned Writs bearing the first Sir Adam of Rowallan and Polkelly to have been co-temporary with King David Bruce and consequently when Robert the Great STEWART was a Youth and that the 2 d. Sir Adam is alwise designed CONSANGVINEVS by King Robert the 3 d. and by his Brother Robert Duke of Albany Earl of Fife
Governour of Scotland and both Sons to to the said Elisabeth Mure puts it out of all Reasonable Doubt that this Lady was a Daughter of that Family There is such a heap of Absurdities and Inconsistencies as well as Falshoods in the Forgery of this Fable that in pity to our Historiographers I will prosecute it no further hoping it may teach all future Writers to have better Avouchers for their Assertions than common bruit and open Fame or to take on Trust what 's writ by former Authors without authentick Evidence The Proofs of this Marriage are so strong and clear as to leave no Doubt except that of their being too clear for why should one design his Son always his eldest Son and Heir unless it had been doubtful that he was so As this is but a silly Conjecture in ballance with the least of the former Evidences so it will only occur to those who are little acquainted with the Stile of Writings at that time for there are hundreds of Charters by privat Subjects standing on Record then and thereafter with the very like Designations A second scruple is why should a Parliament recognize JOHN to be King Robert the 2 ds Son and Heir unless there were ground to doubt it And that an Act of Parliament was necessary to make that be believed But if they read this that they call an Act of Parliament Recognizing John's Title they will find a Narration sufficient to answer their Objection and those who are acquaint with our History know that it was ordinary for our Kings to make publick Declarations of their eldest Sons Succession David the first did send Malcolm his eldest Grand-child by Henry the Prince with Mcduff Earl of Fife through the whole Kingdom to be shewen and declared as his successor and Heir but this Custom was judged more necessary by King Robert Bruce and his Successors For the debate in the Succession betwixt the Baliol and the Bruce having brought the Kingdom to the very Brink of Ruine King Robert the Bruce before his Death did in Parliament declare that David his Son was his undoubted Heir and Successor albeit at that time he had neither Son nor Brother but David only Which is one of Mr. Cookes mistakes who writes as if Edward Bruce his Brother were then alive whereas he was dead long before King David Bruce after his Fathers Example did in a Parliament at Scoon Publish and Declare that Robert Earl of Strathern his Sisters Son was his undoubted Heir and Successor albeit at that time there was none of that Family to compete with him And as this Instrument before insert does narrate that this wise King in Example of his Predecessors did publish this Document so neither wanted their good Reasons why these three last Kings should have done so the Crown having been but lately before transported from the Baliols to their Family so that albeit there was no shadow of Competition in their own Family yet there was no imprudence in engaging the Parliament to own their Succession and to put frequent Bars upon the Door against the Race of the Baliol which then did exist both in the Baliol and the Cumming The last frivolous Objection is why did our Historians unanimously assert Elisabeth Mure's being married to Robert the 2 d. after Eupheme Ross's Death that is to say there are very great proofs that Elisabeth Mure was King Roberts Wife but some will not believe the truth unless you tell why our Historiographers did ly to which this is a sufficient Answer you should believe truth because it is proven and reject the Assertion which is redargued by so many Demonstrations but if you will allow me after clear Demonstrations of their Error to make some Excuse for their rash Injuries I offer these Conjectures viz. Major the eldest of these Historians wrote his History in the beginning of Queen Maries Reign some 200. years after Elisabeth Mure's Marriage he cites no Author nor can we learn of any that he had except the Manuscript of the Continuator of Fordan an obscure man whose Writings shew that he did take common Reports as Proofs and Warrants for his Assertions but Fordan who wrote before that time hath not the least Assertion of this so considerable a matter had it been true and Majors Philosophy as well as his History does sufficiently shew that he did take for truth what others reported at Random Boetius's Business was to give good Latine to the Collections of his Predecessors and he was happy enough in Writing had he not unhappily stuffed it with too many Fables which we must only impute to his easie Nature Lesly had no Design in writing his History but to assert his Queens Right and resent the Injuries done her and therefore minded little to put his Authors to the Test of Record Buchanan who was to support a bad Design by writing excellently his care was not to canvell Fashoods especialy when they contributed to his purpose as this Imputation bound on Elisabeth Mure and her Succession did and albeit the first must needs have founded the Account on false Report and never looked into the Records which had they done that which now appears clearly to us in redarguing that Falshood would certainly have done so to them so the succeeding Authors have this Excuse tho' I confess a bad one that they found their Falshood on what was writ before them And perhaps even the first of them by a supine inadvertence having heard that Robert the 2 d. after Queen Euphem's Death had Children by a Concubine to whom he had great Kindness and that this Concubin's Name was Moram did ignorantly confound this Concubine Moram with his first Wife Mure. My Conjecture is founded on this following Charter ROBERTUS Dei gratiâ Rex Scotorum sciatis nos dedisse hac praesenti Cartâ nostrâ Confirmasse JOANNI SENESCALL genito inter nos dilectam nostram Moram omnes singulas terras nostras de Ballachie de Moncreiff cum pertinen in Thanagio de Kinclaven infra vice-comitatum Perth Tenen Haben eidem Joanni haeredibus suis de Corpore suo legitime procreandis quibus utique forsitan deficientibus dilecto filio nostro JACOBO SENESCALL genito inter nos Mariotam de Cairden haeredibus suis de Corpore suo legitime procreandis Quibus utique forsitan deficien ALEXANDRO SENESCALL dilecto filio nostro de dicta Mariota genito haeredibus suis de Corpore suo legitime procreandis quibus similiter fortasse deficientibus ad nos haeredes nostros Reges Scotiae plenarie perpetuo revrsuris c. Reddendo unum denarium c. apud Perth 15. January anno Regni nostri 12. This Charter gives you Account of 4. ●Sons of King Robert the 2 d. and two Concubines never mentioned in our Histories Moram seems to have been the last of the two Concubines because her Son John's Charter bears a
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