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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Charter of Confirmation granted by King Robert to John Kennedy of the half of the Barony of Dalrymple on a Disposition from Malcolm Son to Gilchrist Son to Adam Dalrymple of that Ilk Testibus Episcopis sancti Andreae Dunkelden Johanne primogenito nostro haerede Comite de Carrick Another Charter in June primo Anno Regni of the Lands of Badinoch to Alexander his Son Nota he was the youngest Son of Elizabeth Mure and his Heirs and failzing of him to David his Son and his Heirs Nota David was the eldest Son of Eupheme Ross and at the same time there was a Charter granted to David Earl of Strathern of the Lands of Vrquhart c. And the Reddendo of both these Charters are for Services to him and his Heirs Successors to the CROWN of SCOTLAND In these Charters amongst other Witnesses Joannes filius noster Comes de Carrick is always one Another Charter on the 8. of May Anno Regni secundo confirming to Paul Macktyre some Lands disponed to him by William Earl of Ross Testibus Wilielm Patric Episcopis sancti Andreae Brechen Joanne primo-genito nostro haerede Comite de Carrick c. In the Charters granted the first year of his Reign to David Earl of Strathern of the Lands of Vrquhart and the 2 d. year of his Reign to Queen Eupheme of the Lands and Castle of Kinross amongst the Witnesses Joannes filius noster natu maximus Haeres Comes de Carrick is always one There are twenty other Charters of the like Tenor which were needless to adduce for Confirmation of this Truth That in the very first year of his Reign John was Earl of Carrick Robert was Earl of Menteith and Alexander was Earl of Badinoch And therefore Buchannan and the other Historians are wrong in asserting that they were preferr'd to these Estates and Dignities after Eupheme Rosses Death and after the 3 d. year of his Reign But now we come to the more solid confutation of our Historians assertions and to show that not after the 3 d. year of King Robert the 2 ds Reign and after Queen Euphem's Death but in the first year of his Reign and on the 27 th of March that year being 1371 the King and Parliament do Recognosce John who was afterwards called Robert the 3 d. and was eldest Son of Elizabeth Mure to be the undoubted Lineal and Legal Successor to Robert his Father as his eldest Son and Heir The Evidence whereof is an authentick Act and Record of Parliament yet extant amongst the Kings Records to which the great Seal of the Kingdom is appended together with other 52 Seals of the Prelates Noblemen and Barons in Parliament assembled a full and true Abstract whereof follows In Nomine sanctae individuae Trinitatis Patris Filii Spiritus Sancti Amen Anno ab Incarnatione Domini millesimo tricentesimo septuagesimo primo secundum morem Computationem Ecclesiae Scoticanae Mensis Martii die vicesimo septimo serenissimus Princeps Dominus Robertus Rex Scotorum illustris Apud Sconam tempore suae Coronationis existens assistentibus sibi praelatis Comitibus Baronibus ac caeteris de Clero Populo Regni sui post sacra Vnctionis Coronationis suae Peracta solennia factaque Declaratione Juris quo idem serenissimus Princeps successit ac succedere debuit Domino David Regi Scotiae Avunculo Praedecessori suo tam proximitate sanguinis quam ex quadam declaratione per quaedam instrumenta confecta tempore inclytae memoriae Domini Roberti Regis Scotiae avi praedecessoris ipsius Domini nostri Regis ibidem exhibita atque lecta Nec non receptis homagii fidelitatis solitis juramentis ab ipsis Praelatis Comitibus Baronibus aliis de clero populo ibidem existentibus in Coronatione Regum Scotiae ab olim praestari consuetis debitis volens more exemplo celebris memoriae ejusdem boni Regis Roberti avi sui coram Clero populo Successorem verum Haredem suum declare ibidem licet de ipso clarè constitit atque constet ex abundanti unanimi consensu assensu dictorum Praelatorum Comitum procerum magnatum indicavit asseruit recognovit declaravit voluit quod cum ipsum contigerit pro dispositione divina ab hac luce migrare Dominus Joannes filius suus primogenitus Comes de Carrick SENESCALLVS SCOTIAE erit esse debet verus legitimus haeres fuus ac sibi post mortem suam in Regno Scotiae domino disponente succedet succedere debet posteum sedebit sedere debebit super SOLIVM Regni sui Qua Declaratione sic facta per ipsum Dominum nostrum Regem de praefato primogenito haerede suo ex abundanti ut supra unusquisque praelatorum Comitum procerum magnatum aliorum ibidem existentium voce propriâ singulatim pro se haeredibus successoribus suis asseruit affirmavit declaravit recognovit voluit Quod idem Dominus Joannes post mortem praefati patris sui superstes vivus sit divinà favente gratia futurus Rex Scotiae tanquam haeres legitimus ejusdem patris sui Promittens quilibet bona fide manu in signum fidei dationis levata quod eum pro Rege haerede legitimo ejusdem patris sui habiturus crit ipsumque juvabit atque defendet contra quoscunque mortales nec non sigillum suum scripto seu juramento super hoc fiendo apponens in signum suorum consensus promissionis praedictorum cum ipsi super hoc fuerint requisiti Quibus recognitione promisso fidei datione in consilio Domini nostri Regis sic praemissis actis idem Dominus noster Rex per venerabilem virum magistrum Joannem de Peebles Doctorem Decretorum canonicum Glasguen Clericum suum proponi fecit in publicum qualiter ex abundanti indicavit declaravit prefatum Dominum Joannem filium suum primogenitum verum suum heredem nunc esse esse debere de jure Et post mortem suam regni Scotiae volente Deo REGEM futurum Et qualiter praefati Comites Proceres alii de consilio affirmarunt cognoverunt consenserunt fide media ut praemittitur promiserunt quod populum cum clero convocari fecerat ut in eorum praesentia de eorum consensu unanimi fieret publicaretur Ne aliquis super hoc ignorantiam praetendere posset aliqualiter in futurum Tota autem multitudo Praelatorum Comitum Baronum aliorum tam cleri quam populi unanimi voluntate clamore consono nullo penitus reclamante affirmaverunt recognoverunt voluerunt ipsum Dominum Joannem tanquam primogenitum haeredem Domininostri Regis patris sui suum fore Regem futurum ac manu levata in signum fidei dationis promiserunt quod eum pro Rege suo futuro

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

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