The peerage of Scotland: containing an historical and genealogical account of the nobility of that kingdom, ... collected from the public records, and ancient chartularies of this nation, ... Illustrated with copper-plates. By Robert Douglas, Esq;.

STEWART Earl of TRAQUAIR.

THE immediate ancestor of this great branch of the illustrious family of Stew∣art, was,

Sir JAMES STEWART, called the black knight of Lorn, lineally descended of sir John Stewart of Bo••kyll, second son of Alexander sixth lord high steward of Scotland, who mar∣ried queen Jean, daughter of John duke of Somerset, son of John of Gaunt duke of Lan∣caster, son of king Edward III. of England, and widow of king James I. of Scotland.

By her he had two sons.

1. John, earl of Athole, whose male line ended in John the fifth earl, only son of his great grandson. Vide title Stewart earl of A∣thole, page 49th of this work.

2. James, earl of Buchan, who married, 1st, Margaret, daughter of sir Alexander O∣Ogilvie

of Auchterhouse, by whom he had a son, Alexander, who succeeded him in the earldom of Buchan, and whose male line end∣ed in his great grandson.

This earl, by Margaret his second wife, a daughter of Patrick Murray of Philiphaugh,* 1.1 an antient family in the county of Selkirk, had another son,

James, the first of this family.—He had also three daughters; for which vide title Stewart earl of Buchan, page 94th.

I. JAMES STUART, second son of James earl of Buchan, obtained from his father, in patrimony, the lands and barony of Traquair in the county of Peebles, which is instructed by a charter from the said earl,

"to and in favours of James Stuart his son, of the lands and barony of Traquair,* 1.2 to him and his heirs for ever, dated 18th May 1491."

He afterwards got the lands and barony of Traquair confirmed to him, by a charter un∣der the great seal from king James IV. dated 23d January 1492;* 1.3 which barony hath ever since continued to be one of the chief titles of the family.

This James also obtained from his brother, Alexander earl of Buchan, a grant of the lands of Melross in Banss-shire, to be holden of the said earl, Jacobo Stuart fratri suo caris∣simo; also a precept for infefting him there∣in; both which writs are signed, Alexander earl of Buchan,* 1.4 have the seal of the family ap∣pended thereto, are still entire, and are dated 9th December 1499.

He married Christian, sister and co-heiress of Richard Rutherfoord of that ilk, and daughter of Philip Rutherfoord by Eliza∣beth his wife, daughter of sir Walter Kerr of Cessford, ancestor of the duke of Roxburgh; for which marriage, they being within the degrees of consanguinity forbidden by the church, they obtained a dispensation from the pope,* 1.5 dated 9th November 1505.

He got with her the lands of Rutherfoord and Wells, in Roxburgh-shire; and in con∣sequence of this marriage, the family have e∣ver since continued to quarter the arms of Rutherfoord with their own.* 1.6

By her he had a son,

William, who succeeded him.

This James being a man of great spirit and fortitude, accompanied king James IV. to the fatal field of Flowdon, where he lost his life with his royal master, anno 1513.

II. WILLIAM, second baron of Traquair, upon his father's resignation, got a charter un∣der the great seal from king James IV. Wil∣lichno Stuart, filio et haeredi apparenti Jacobi de Traquair,* 1.7 et Catharinae Rutherfoord suae sponsae, of the lands and barony of Traquair, &c. dat∣ed 11th of August 1512.

He got afterwards a charter from king James V.

"to and in favours of William Stu∣art of Traquair, and Christian Hay his spouse in liferent, and Robert Stuart their eldest son and apparent heir in fee, of the whole lands and barony of Traquair, the lands of Shillinglaw,* 1.8 &c. dated 29th of March 1538."

In the reign of king James V. John earl of Buchan, who was cousin-german to this Wil∣liam of Traquair, made an entail of his whole earldom of Buchan,

"to and in favours of John Stuart his eldest son, and the heirs-male lawfully begotten of his body; which failing, to James Stuart his second son, and the heirs-male lawfully begotten of his bo∣body; which failing, to the heirs-male of the laird of Traquair; which failing, to the heirs-male of the earl of Athole; which all failing, to his own nearest heirs whatever."

This is instructed by a confirmation and signature, (wherein the above entail is fully narrated,) signed by king James VI. by Mon∣trose his chancellor, and sir Robert Melvile his secretary,* 1.9 ordering a charter under the great seal to pass upon the same. The sig∣nature is dated the penult day of April 1585.

We must here observe, that though the male issue of the laird of Traquair and the earl of Athole are, in the above substitution, preferred by the earl of Buchan to his own daughters; yet it never took effect; and in the end the heir of line succeeded to that earldom, but the laird of Traquair is justly preferred to the earl of Athole, he being one degree nearer in propinquity to the said earl.

This William, by the said Christian Hay, a daughter of John second lord Yester, ance∣stor of the marquis of Tweeddale, had issue four sons.

1. Robert.

2. Sir John.

3. Sir William.

4. James.

These four sons were all successively ••••∣rons of Traquair.

III. ROBERT STUART, third baron of Traquair,* 1.10 eldest son of William, succeeded. He did not long survive his father; but dy∣ing without issue anno 1548, was succeeded by his brother.

III. Sir JOHN STUART of Traquair, se∣cond son of William, who was served heir to his brother Robert, in the whole lands and

barony of Traquair,* 1.11 by a precept from the chancery, dated 10th November 1552.

He was a man of great integrity and merit, and a steady friend of queen Mary. He had the honour of knighthood conferred upon him at the creation of the duke of Albany,* 1.12 and was captain of her majesty's guards.

He was one of those who, with the queen and her privy council, signed a protection to the earl of Murray to appear before her ma∣jesty,* 1.13 and discover the alledged conspiracy, 19th July 1565.

He was also one of those noble persons who entered into a bond or association,* 1.14 to stand by and defend queen Mary against all mortals, anno 1568.

He died without issue about the year 1580, and was succeeded by his brother,

III. Sir WILLIAM STUART of Traquair, third son of the above William, who was go∣vernor of the castle of Dunbarton, anno 1582, and got a charter under the great seal, Wil∣lielmo Stuart de Traquair, militi, of the lands of Caverston,* 1.15 and others, dated 18th Febru∣ary 1584.

He was afterwards served and retoured heir to his brother sir John,* 1.16 in the whole lands and barony of Traquair, &c. 14th March 1594.

He then got a charter, under the great seal, of the lands of Gaithope, Seithope, Craig-Douglas, Black-house, &c. dated 26th March 1495.* 1.17

He was also a man of worth and honour, and was one of the gentlemen of the bedcham∣ber to king James VI. but dying unmarried, anno 1604, his whole estates devolved upon his brother,

III. JAMES, fourth son of William of Tra∣quair, then a very old man. He was served and retoured heir to his brother sir William,* 1.18 4th July 1605, and upon the 9th of August thereafter, he got a sasine of the whole lands and barony of Traquair, &c. &c. &c.

Who this James married, we have not been able to discover; but he had issue two sons, and one daughter.

1. John, who carried on the line of this family.

2. Sir Robert Stuart, who got two charters under the great seal, domino Roberto Stuart de Shillinglaw,* 1.19 militi, of the lands of Hopecail∣zie, the lands and barony of Horsburgh and Hutcheonfield, &c. The first dated in Ja∣nuary 1614, and the other in July 1617. He was tutor in law to his nephew John, the great earl of Traquair; and dying without issue, his estate returned to the family.

Isabel, daughter of James of Traquair, was married to William Rutherfoord of Quarrie∣holes, father of Andrew first lord Ruther∣foord.

This James died in the beginning of the year 1606.

IV. JOHN STUART of Caverston, eldest son and apparent heir of James Stuart of Tra∣quair, married Margaret Stewart,* 1.20 daughter of Andrew master of Ochiltrie, and died before his father, leaving a son,

V. JOHN, who was served and retoured heir to James Stuart of Traquair,* 1.21 his grand father, in the whole lands and barony of Traquair, 10th May 1606.

This John was a man of extraordinary na∣tural parts, which were greatly improved by a liberal education, of remarkable steadiness and integrity, of great learning, a consummate statesman, and invariably attached to the in∣terest of the royal family, on which account he afterwards suffered great and many hard∣ships.

When a young man, he was elected knight of the shire of Tweeddale to the parliament 1621, where he soon displayed his extraor∣dinary talents, and had the honour of knight∣hood conferred upon him by king James VI. was appointed one of his privy council, and got a charter under the great seal, domino Jo∣hanni Stuart de Traquair,* 1.22 militi, of the lands of Innerlethen, then called Hornhunterland, &c. dated 29th January 1622.

Upon the accession of king Charles I. to the crown, who soon discovered his great ca∣pacity, he became a mighty favourite of that prince; who, first, appointed him treasurer-depute, then raised him to the dignity of the peerage,* 1.23 by the title of lord Stuart of Tra∣quair, 19th April 1628.

He afterwards got two charters under the great seal,* 1.24 Johanni domino Stuart de Traquair, of several lands and baronies, anno 1630.

Also a charter of the lands and barony of Linton,* 1.25 Kilbucko, &c. dated 13th July 1631.

At the coronation of king Charles I. in Scotland,* 1.26 he was further dignified with the titles of earl of Traquair, lord Linton, Ca∣verston, &c. by patent to his heirs-male for ever, they carrying the name and arms of Stuart, dated 22d June 1633.

He then got a charter under the great seal, Johanni comiti de Traquair, terrarum ecclesia∣sticarum ecclesiae parochialis de Peebles,* 1.27 dated 26th July 1634.

In the year 1635, he was made lord high treasurer of Scotland; and his majesty, having had many proofs of his loyalty and fi∣delity,

appointed him his high commissioner,* 1.28 both to the parliament and general assembly anno 1639.

In that high station he asserted the king's prerogative with such firmness and intrepidi∣ty, that he gained himself many enemies, even amongst the more moderate sort; so that his majesty was most unwillingly forced to lay him aside, though he knew him to have been a most faithful minister.

He was afterwards impeached for treason by the parliament 1641, of which they found him guilty; but submitted his punishment to the king, who knew his only crime had been his steady attachment to his interest; he there∣fore ordered him a pardon under the great seal,* 1.29 wherein is fully narrated an ample testi∣mony of his great abilities, and singular inte∣grity in the discharge of his duty.

Though the brevity of this work will not permit us to give a minute detail of all the transactions and vicissitudes of fortune that at∣tended this noble lord, yet we cannot but ob∣serve, that though he has been most unjustly aspersed by the sactious party which then prevailed, yet his royal master was always convinced of his fidelity, and the uprightness of his heart, which many original letters from his majesty, all written with his own hand, and still preserved in the family, which we have seen, do sufficiently testify; we there∣fore take the liberty to insert some few of them here; the first was written immediately after the parliament had passed sentence a∣gainst him.

Whitehall, July 1st, 1641.

TRAQUAIR, I have thought fit, by these few lines, to assure you, that I am so far from having chased you away as a delin∣quent, that I esteem you to be as faithful a servant as any I have, believing that the greatest cause of malice that you are vexed with is, for having served me as you ought: therefore I desire you to be consident, that I shall both find a fit time for you to wipe away all these slanders that are now against you, and likeways to recompence your bypast sufferings for my service; so you shall truly see, that I am,

Your assured friend, CHARLES, R.

Windsor, 26th June, 1642.

TRAQUAIR, I have so much to say, that I shall say very little, because I will refer myself to the faithful relation of this honest bearer; these few lines being enough to assure you, that I nether forget you, nor esteem you as an useless servant; and that in spite of all your enemies, I shall still re∣main,

Your assured friend, CHARLES R.

Notingham, August, 1642.

TRAQUAIR, You know that I trust this bearer; and I know you have reason to do so too: he hath instructions concerning my affairs, and a command to communicate with you: the time is now come for my faithful servants to show themselves: I will say no more, but that I am,

Your loving friend, CHARLES R.

Chester, 26th September, 1642.

TRAQUAIR, The former experience I have of your zeal for my service, and your dexterity in it, makes me address this bearer particularly to you, that though his business may seem equally addressed to ma∣ny others, yet you are he whom I chiefly, (and indeed only,) trust for the right ma∣naging of it: the particulars I leave to this trusty servant of mine, assuring you, that you shall ever find me,

Your constant friend, CHARLES R.

York, May 7th, 1643.

TRAQUAIR, I am so confident in your affection to my service, that I have com∣manded the bearer to follow your directi∣ons in all he is sent about; and you have not hitherto deceived my expectation: the conjunction is extremely considerable in the business; therefore what is to be done, must either be now or not at all: I will say no more, but that I am,

Your assured friend, CHARLES R.

Newcastle, 15th June, 1646.

TRAQUAIR, I have so fully instructed this trusly bearer, Robin Car, that I will only tell you, that I long to see you, which if I had publickly expressed, it might have hindered what I desired.

Your most assured constant friend, CHARLES R.

This is written about nine months after the battle of Philiphaugh.

Though there are many others of the same nature amongst the writs of this family, both from his majesty and other ministers, where∣in his fidelity is applauded by all; yet we think it unnecessary to trouble our readers with any more of them.

After the parliament passed sentence upon him in 1641, his estate was sequestrated, and he was banished his native country. He went directly to the king, was most graciously re∣ceived; and the above letters show, that he was constantly trusted and employed by his majesty ever after.

He was with the king at Oxford in 1644, when the Scotch army was to march into Eng∣land, which they bound themselves to do by the solemn league and covenant.

He was one of the few Scotch peers who signed a remonstrance against that conjuncti∣on of their countrymen with the parliament at Westminster.* 7.1

He afterwards came to Scotland, but lived retired till 1647.

He was then permitted to come to parlia∣ment, where he used all his interest to get an army raised for the king's relief, then a pri∣soner in the isle of Wight. He levied a regi∣ment of horse upon his own charges, and, with his son the lord Linton, marched into England, and fought on their head at the battle of Preston, anno 1648, where they were both taken prisoners. The lord Lin∣ton obtained his liberty some time thereafter, but the old earl was,* 7.2 by order of the English parliament, confined in the castle of Warwick for four years, and the sequestration of his e∣state still continued.

At last Oliver Cromwell, believing he could do him no more harm, being denuded and deprived of all his possessions, permitted him to return to Scotland, where he led a private life till he died.

This noble earl married lady Catharine Carnegie,* 7.3 daughter of David first earl of Southesk, by whom he had a son,

John, lord Linton,—and four daughters.

1. Lady Margaret, married to James earl of Queensberry.

2. Lady Elizabeth, married to Patrick lord Elibank.

3. Lady Anne, married to sir John Hamil∣ton of Reidhouse.

All these three had issue.

4. Lady Catharine, married to John Stew∣art, Esq; without issue.

We shall sum up this great man's character in the words of a noble historian, who is not suspected of partiality towards the Scots.

"He was without doubt not inferior to a∣ny of the Scotch nation, in wisdom and dexterity, and though he was often pro∣voked by the insolence of some of the bi∣shops to a dislike of their over-much ser∣vor, and too little discretion, his integrity to the king was without blemish, and his affection to the church so notorious, that he never deserted it, till both it and he were overthrown and trode under foot, and they who were the most notorious persecutors of it,* 7.4 never left persecuting him to death, &c. &c. &c."

He died anno 1659, and was succeeded by his son,

VI. JOHN, second earl of Traquair, who was also a steady loyalist, and, tho' a young man, he raised a considerable body of horse in the county of Peebles, with which he joined the great Montrose at the battle of Philip∣haugh,* 7.5 which was fought on 13th September 1645.

He accompanied his father to the battle of Preston in 1648, as before observed, and suf∣fered many hardships on account of his at∣tachment to the royal family, during the usur∣pation.

He married, 1st, lady Henriet Gordon, daughter of George marquis of Huntly, wi∣dow of George lord Seton, by whom he had no issue.

He married,* 7.6 2dly, lady Anne Seton, daugh∣ter of George earl of Winton, by whom he had four sons and three daughters.

1. William, his heir.

2. George, who died before his father, un∣married.

3. Charles, afterwards earl of Traquair.

4. John, who died without issue.

1st daughter, lady Elizabeth, died unmar∣ried.

2. Lady Isabel.

3. Lady Lucy.

He died anno 1666, and was succeeded by his eldest son,

VII. WILLIAM, third earl of Traquair, who dying unmarried, his estate and honours devolved upon his brother,

VII. CHARLES, fourth earl of Traquair, a man of great integrity, worth, and honour, who married lady Mary Maxwell, daughter of Robert earl of Nithsdale, a lady possessed of all the good qualities that can adorn the sex, by whom he had issue two sons and six daughters, that came to maturity.

1. Charles, now earl of Traquair.

2. John Stuart, Esq; who married Christi∣an, daughter of sir Philip Anstruther of An∣strutherfield, in the county of Fi••e, by whom he hath a son, Charles, and three daughters, Christian, Mary, and Lucy.

1st daughter, lady Lucy.

2. Lady Anne.

3. Lady Mary, married to John, common∣ly called lord John Drummond, eldest son of

the second marriage of James fourth earl of Perth, lord high chancellor of Scotland.

4. Lady Catharine, married to William lord Maxwell, son and heir of Robert earl of Nithsdale, to whom she hath a daughter, Wini∣fred, married to William Constable of Effring∣ham, Esq; in England, and hath issue two sons, Marmaduke and William, and one daugh∣ter, Catharine.

5. Lady Barbara.

6. Lady Margaret.

The earl died anno 1741, and was succeed∣ed by his eldest son,

VIII. CHARLES, fifth earl of Traquair, who married Theresa, daughter of sir Baldwin Conyers of Horden, in the county palatine of Durham, baronet, an antient family which hath flourished with lustre in England, ever since the time of William the conqueror.

ARMS.

Quarterly; 1st or, a fess cheque argent and azure for Stuart; 2d azure, three garbs or for Buchan; 3d sable, a mullet argent; 4th argent, an orle gules, and three martlets in chief sable, for the name of Rutherfoord.

CREST; on a wreath, a garb or, sur∣mounted of a crow proper.

SUPPORTERS; two bears of the latter.

MOTTO; Judge nought.

CHIEF SEAT,

At Traquair, a noble seat with fine gar∣dens, &c. in the county of Peebles.

Notes

• * 1.1

  Stewart's hi∣story, and Crawfurd's peerage.
• * 1.2

  Charta penes comitem de Traquair.
• * 1.3

  Chart. in pub. archiv.
• * 1.4

  Chart. et ••a∣sina penes co∣mitem de Traquair.
• * 1.5

  Original bull ibid.
• * 1.6

  Nisbet, vol. I. p. 180.
• * 1.7

  Chart. in pub. archiv.
• * 1.8

  Ibidem.
• * 1.9

  Original sig∣nature penes comitem de Traquair.
• * 1.10

  Writs of the family ibid.
• * 1.11

  Retour penes comitem de Traquair.
• * 1.12

  Stewart and Crawfurd.
• * 1.13

  Ibidem.
• * 1.14

  Bond in the lawiers libr. Edinburgh, M. S.
• * 1.15

  Chart. in pub. archiv.
• * 1.16

  Retour and sasine penes comitem de Traquair.
• * 1.17

  Chart. in pub. archiv.
• * 1.18

  Retour and sasine penes comitem de Traquair.
• * 1.19

  Chart. in pub. archiv.
• * 1.20

  Writs of the fam. of Tra∣quair.
• * 1.21

  Retour penes comitem de Traquair.
• * 1.22

  Chart. in pub. archiv.
• * 1.23

  Diploma in pub. archiv.
• * 1.24

  Ibidem.
• * 1.25

  Ibidem.
• * 1.26

  Ibid. Haered. mase. in per∣petuum, cog∣nomen et ar∣ma de St••w∣art gere••.
• * 1.27

  Ibidem.
• * 1.28

  Records of parliament of the church.
• * 1.29

  Ibidem.
• * 7.1

  Rushworth's collect. and Lives of the offic. of state.
• * 7.2

  Lives of the offic. of state, minutes of parliam. and rescind. acts.
• * 7.3

  Contr. penes comitem de Traquair.
• * 7.4

  Earl of Cla∣rendon.
• * 7.5

  Stewart's hi∣story, &c.
• * 7.6

  Contr. pen•••• comitem de Traquair.