The history of the houses of Douglas and Angus written by Master David Hume ...

Of the third William, and fifth Lord of Douglas, maker of the Indenture with the Lord Abernethie.

THis VVilliam is found in an Indenture made betwixt him, and the Lord Abernethie, which the Earles of Angus have yet extant, amongst their other evidents and rights of their lands. The date of this Indenture is on Palmesunday, in the yeare 1259.. in the reigne of Alexander the third: the place, the Castle of Edinburgh: It is a contract of marriage, in which the father called there VVilliam Lord Douglas, doth contract his sonne Hugh Douglas to Marjory Abernethie, sister to Hugh Lord Abernethie, The summe and contents thereof, are that the marriage shall be solemnized on Pasche day, that all things may be perfected be∣fore Ascension day. The conditions are these, for the Lord Abernethies part, that he shall give with his sister to Hugh Douglas, viginti carictas terrae (perhaps it should be Carrucatas terrae) twenty plough gate of land in the towne of Glencors. And for the Lord Douglas part, that he shall give to his son Hugh Douglas and Marjory his wife 20. Carrucatas in feudo de Douglas, twenty plough gate of land in the few of Douglas. The witnes∣ses are Alexander Cumine, Earle of Buchan, Raynold Cumin, John of Dundie-Moore, and one Douglas, whose Christian name was worn away,

and could not be read. This should seem to be that Indenture which Sir Richard Metellane of Lithington, father to Iohn Lord of Thirlestane, sometime Chancellour of Scotland, of worthy memory, doth mention in his manuscript, where he hath carefully collected some memories of the house of Douglas. He sayes that Sir John Ballandine of Achnoute Knight, did show to John Lesly Bishop of Rosse, one Indenture that makes mention of Douglassas 80. yeares before that Lord William (the Hardie) who was contemporary with William Wallace, and this Indenture is very neare so long before his time. But he saith that the Lord Aberne∣thie, who doth there indenture with the Lord Douglas, was father to Mar∣jory, and our Indenture •…•…akes him brother to her. It may be there have been two Indentures; one before this made by her father, which not being accomplished during his life, hath been renewed by his sonne or brother, or that they have mistaken it, for there is no other save this one∣ly (which doth clearly call him her brother) amongst their writs and evidents. Upon this there was drawn up a Charter without date of either time or place; onely it appears by the tenour thereof, that it was made after the Indenture. The giver is the same Lord William to Hugh his son and heire: the lands disposed to him are, Glaspen, Hartwood, Kennox and Carmackhope, and Leholme; together with the lands sayes he, (quae sunt in calumnta inter me & haeredes Johannis Crawford) that are in suit of law betwixt me and the heirs of John Crawforde, without any detriment. Then the cause of his giving is set down, that they may be a dowry to Marjorie Abernethie his sonnes wife, and sister to Hugh Lord Abernethie. Ever after this he intitles his sonne, Dominus Hugo de Douglas, Sir Hugh of Douglas. It hath an expresse caveat, that if after the marriage be so∣lemnized, the said Sir Hugh of Douglasdale shall happen to die, or if he shall (aliquo malo suo genio) through some devillish or wicked disposition abstain from copulation with her, she shall brook and injoy these lands, although the said Lord VVilliam should be alive: And if the said Mar∣jory shall outlive the said Lord VVilliam, thought her husband Hugh should die before him, yet he shall have the third part of his lands in Douglasdale, excepting the third of so much as the said Lord VVilliam shall leave to his wife. There is in it another very strange point, and as it were a provision in case of divorcement, or not consummating the marri∣age: viz. that if the said Sir Hugh, or Lord Hugh (Dominus Hugo) be then (after his fathers death) living lord and heir, or have an heire by any other wife, the said Marjory shall possesse the lands notwithstanding, all the dayes of the said Hughs life. Now he could not have an heire by another wife, unlesse he were first divorced from her. There is also one clause more touching her security, That if the Lord Abernethie, or his counsell shall desire any other security reasonable by Charter or hand∣write, that they shall cause make the conveyance as they think good, and Lord VVilliam shall signe it, and set his seal to it. The seal at this is lon∣ger then broad, fashioned like a heart, the letters thereon are worn away, and not discernable save onely (W ^ll) and the armes seeme to be three Starres or Mullets at the upper end thereof: but I cannot be bold to say absolutely they were so. This I have set down the more particularly

and punctually, that by these circumstances the truth may be more clear and free from all suspition of forgery and invention. I have done it also, that though every one be not curious or taken with these things, such as are (of which number I prefesse my self to be one) may find something to please their harmelesse desire of the not unpleasant, and some way pro∣fitable knowledge of Antiquity.

By this Indenture it is cleare that this William is not the same with VVilliam Hardie, who died in prison, and was father to good Sir James, because his name was VVilliam, and had a sonne Hugh, as the other also had: for if we do but suppose that Hugh contracted to Marjory Aberne∣thie were 25. yeares of age at the making of the •…•…ndenture (1259.) and that his father Lord VVilliam were twenty five yeares elder then his son Hugh, fiftie in all: then must he have been when he married the young English Lady (by whom he had divers children) and when he assisted VVilliam VVallace, when he surprised the Castles of Sanquhaire and Dis∣deir, and performed other warlike exploits, being still in action till the 1300. about 90. or 100. years of age, which carries no likelihood with it that one so old, should be so able of his body. Besides this Lord VVil∣liam the Authour of this Indenture had for his eldest sonne and heire this Hugh contracted to Marjory Abernethie, but the eldest sonne and heire to that Lord VVilliam wanted good Sir James, who died in Spain: for all our Histories do tell how that the Bishop of Saint Andrews did sute King Edward for good Sir James to restore him to his fathers lands and inheritance, but King Edward refused to do it: and in a Charter given by King Robert Bruce in the fifteenth yeare of his reigne, Bervici super Twedam, at Berwick upon Tweed, of the Lordship of Douglas, these ex∣presse words are contained, Jacobo Domino de Douglas, Filio & Heredi Guliclmi de Douglas. This good Sir James dying without heire male law∣fully gotten of his own body, his brother Hugh succeeded to him in the yeare 1342. in which year the same Hugh doth give a Charter of the said lands and Lordship, to wit, Douglasdale, together with the lands of Car∣michel, Selkrick, &c. To his Nephew William son to Archbald his brother, which VVilliam did succeed to Hugh, he having no heires male, he was afterward Earle of Douglas. Now it is against all reason to think that he that was contracted to Marjory Abernethy (1259.) should be the same with this Hugh who gives this Charter (1342.) seeing he must be now 106. or 107. years of age, which is not probable.

This VVilliam had to wife Martha sister of Alexander Earle of Carrict, who bare to him two sonnes, Hugh his eldest, and VVilliam the Hardie: by their alliance with the house of Carrick, besides that he was not a lit∣tle strengthned, they being great men and powerfull, it fell out that his posterity became of kindred to King Robert Bruce: for Fergus Lord of Galloway had two sonnes; the elder Gilbert, and Ethred the younger. At his death he ordained that the Lordship of Galloway should be divided betwixt them, which was done accordingly; and the division was rati∣fied and confirmed by King William, who did then reigne: but the King being afterward taken prisoner at Anwick be the English, Gilbert nothing contented with the division, having got Ethred his brother into his

hands, caused put out his eyes, and possessed himself of the whole Lord∣ship, and kept it till he died, which was before the Kings return out of England, before which Ethred also was dead. These two brothers left each of them a sonne behind him; Gilbert left Alexander, and Ethred Rowland. This Rowland finding his faction the stronger, thrust out his cousen Alexander, and seized upon the whole estate himself alone, and at the Kings return took a new gift thereof of the King, who gave also to Alexander, Gilberts sonne, in recompense and lieu thereof, the Earle∣dome of Carrick: This Alexander had but one sister named Martha, who was married to this Lord William Douglas, he went into Syria with Edward Prince of Wales, who was brother in law to King Alexander, the third, sent by the King and State at the Popes request, to fight against the Sarasins. There went with him the Earle of Athole, and ma∣ny brave Knights and Gentlemen: in which expedition he died; leaving onely one daughter his heire, Martha Countesse of Carrick. She was married to Robert Bruce, sonne to Robert Bruce (who is known by the name of Robert the Noble) and to Isabel second daughter to David Earle of Huntington. To this Robert, the Countesse of Carrick bare Ro∣bert Bruce, who was afterwards King of Scotland. So then we see how Martha Countesse of Carrick, and William the Hardie were Cousin ger∣mans; and her sonne King Robert Bruce, and good Sir James Cousins once removed: so that not onely the thralled liberties of Scotland, and his private losses, did oblige Sir James to fide with King Robert, and to stick so constantly to him, but this tie of bloud and consanguinity also, being so near a kinsman. We are also to observe here, that Martha Coun∣tesse of Carrick, was also the nearest, just and rightfull heire to the Lordship of Galloway, being descended of the elder brother Gilbert, and therefore to be preferred before Allane, who was descended of the younger brother Ethred by Rowland his •…•…ather: and after her and her heires, her fathers sister married to this Lord William was next heire to both the Earledome of Carrict, and Lordship of Galloway. Whether this title did move the Douglasses to seek the Lordship of Galloway, as they did afterward, and helped them to obtain it the more easily of the King, or of others descended of Allane, and of his heires, I leave it to be considered. How ever that be, we may see by the matching with this honourable house of Carrick, Galloway and Abernethy, the chief Peers in this Realme as then, that the house of Douglas was of no small esteem and account long before good Sir James, and that they mistake things farre, and are but ill versed in Antiquity that thinke he was the first that did raise that name to Nobility or greatnesse, this Williams marriage ha∣ving preceded his time 80. yeares at least.