CCG Rf RN ONLY ELIZABETH HAMILTON OF FINNART, WIFE OF JOH N MAXWELL, 8111 LA IRD OF CALDE RWOOD

hy .John P. Dul.ong, Ph.D., Alexander Maxwell Findlatcr , BA, AC A, FSA ScoL, and Patricia A. Dul.ong The Maxwcl ls or Ca lderwood wen.: one or the fore most cadets of the l\llaxwcl ls. later 1 Earls or ilorton and of 1 ith sdalc • Ca lderwood was in foct a cadet or Poll ock. the earl icsl cadet oft he Max we II chic ny line. The esta tes in Stra thclyde had been inherited through the marriage in about 1220 of Mary the hei ress of Rolland of Mearns to Ay mer Maxwell of Maxwell in Rox bu rghshire and Caerlavcrock in Dum fri csshire. who was Justiciar of Galloway and Chamberlain of the Ki ng of . cots. He settled this estate on his younger son. Si r John J\llaxwcl l. who became of ether Poll ock. Poll ock·s grandson. another Sir John reputedly a<.:com panicd ir James Douglas. when he took the heart of Robert the Bruce on pil grimage. Yet another Sir John . cider brother of the first laird ofC alderwood is recorded by Froissart as capturing Sir Ralph Percy. brother of Hotspur. in 1388 at the Batt le or Otterburn . Ca lderwood was part of the Mearns estate and \\·as settled by ir John Maxwell or Nether Pollock. the son or Percy's capt or. on his younger son Robert. Calder\\'ood Castle was sited on a rocky out<.: rop in a bend of the river called the Rot ten Calder. by what is now East Ki Ib ride. Lanarkshire. This was not only an casi ly de fensib le site but one of great beauty and grandeur. fi t to satisfy the most ardent romantic. Sir Robert Maxwell. the I'' Laird of Calderwood. married in about 1-102 Eli zabeth heiress Sir Robert of Dcnnistoun. who brought with her. among other th ings. th e baron y of Mauldslic. near Carlukc. Lanarkshire. Calderwood proba bly ec lipsed Pollock in wealth because of the Dennistoun inheritance and it is notewort hy that the arms of Calderwood arc the most common Maxwell cadet arm s shown in Scots armori als of 11 111 11 1 the 15' • 16 • and 17' ccnl uries • Ca lderwood also had its own cadets. pri ncipall y Newark, where the castle still stands near the Port of . itscl rawea lthy fa mily. also Cardoncss. Dargavcl . Saughton. and Stanley as well as that tri be of laxwclls whi ch developed in I re land, whose chief is the present Lord Farnham. In 1627 Sir Robert .J ames Maxwe ll. I I' 11 Lai rd ol'Calderwood. was <: reated a baronet of ova Scotia. with the norma l Scottish destinat ion to hei rs male (that is. a wider dcstina1ion 1han heirs male of the body)' . In the 17th century the direct line fa iled and the tit le went 10 the hei r of the hair-brot her of the fi rst baronet. The last of that line. Sir Wil liam Maxwcl I, the I 0'11 Ba ronet of' Caldcrwood. died in 1885 leaving a beau ti Ii.ii and much younger widow . .J ane Ba ird. Lady Calderwood. wh~ F 'f\I R'K'ff1/i continued . Ve• ' ive at Ca l cl en'fj~j_\t\~~ ~a~ i CJP.~~\~fh~c~:l\k<¥ta\jttit.b\li lll\i aro n c 1 cy

(' 11ish Ge11ealogis1 .. l t\J L J-\ V ""°' I 51 were inheri ted by his sixth cousin twice removed. Sir James Pierce Maxwell. 9'11 Lord Farnham. The castle and policies eventually became a Country Park ror the benefi t of the citizens of Glasgow. but th e castl e no longer exists, while the nort hern part of the Calderwood estate became the site of the New Town or East Kilbride. Sir Wil liam Fraser, the accomplished 19'" cent ury Scottis h genealogist, scholar and aut hor of two scholarly histories and genea logies or the l'vlaxwcll s. sta ted that John Maxwell, 8'h Laird or Calderwood, was married twice: (I ) to El izabeth. daughter or Alexander Hamilton orlnnerwick. and (2) to Elizabeth. daughtcr ofSir Robert Stewart of Mi nt o~ . He is wrong on both accounts. Ironica ll y. the marital history of John Maxwell is relati ve ly easy to piece together because of the dissolut ion of his only legiti mate marriage. The confu sion appears to have arisen because both an El izabeth Stewart and an Elizabeth Hami lton arc associated with the lands or Mauldslic in Lanarkshire, part of the Laird ofCaldcrwood·s e tatc. according to a roya l charter dated 30 May 1553 at Hamilton: The Queen etc. has granted and newly given to John Maxwell orCaldirwode. in Ii fcrent. and by inheri tance to.l ames Maxwell his inheriting son, hi s heirs and assignees, - the lands and barony of Mald ialic wit h the tenants etc .. County near Lanark; which the same John has surrendered:- Rent an nuall y one pair of giltgildccl purs or 6s Sci in the name of h/e11ch:/er111e:- Rcscrving to Elcsabcth Ham mi ltoun wife of the said John the demesne lands and the manor ofMalcl isl ic. called I Ia ll-Park, wi th the grea t third oft he whole of the said lands etc. from the decease or Elcsabeth Stewart then lady of the same th ircl:­ Wit ncsses as in other charters ctc.5 Another charter of the same el ate relates to the simil ar grant of th e lands ofCalclcrwood to John Maxwell , but it is from th e Queen as Prince and Steward or , th ese 6 lands being part of the appanage of the heir to the thronc . Mary Queen of Scots was onl y eleven years old at this time, so there was a yet no heir.

Eliza beth Stewart or M into Despite holding as her tcr<.:c the lands of Mauldsli c. Elizabeth Stewart of Mi nto was never the wife of .J ohn Maxwc117. She cou ld only have held this land as its mistress if her husband was dcccasccl . I lowcvcr. John was still ali ve in 1553 and married to a different woman. Therefo re it must be the case that her husband is was another Laird of Calderwood who was dcccascdnow dead. The most likely candida te for her husband is Robert Maxwell. 7'" Lai rd of Calderwood. the cider brother of John. Robert Maxwell had a signifi cant encounter with the Stewart of Minto fa mily. As hi s fa ther. Robert Maxwell. 6' 11 La ird of Calderwood. died before 9 September 1532 and Robert was stil l a minor, .l ames V. King of Scots, while at Pert h, had granted hi s wardshi p and gift of marriage to John Drummond orlnncrpeffry and his wife Margaret

52 Til e Scmtisli Genealogist Stewartx. On 17 November 1532 at , this same wardship and gift of 9 marriage was given to W i 11 iam Stewart, ofAberdeen and Lord High Treasurer • The Bishop who had just received his Episcopal appointment on 14 November 1532, 111 so this wardship might have been given in recognition of his new position • The gift of Robert's marriage eventually passed to Sir Robert Stewart of Minto, the nephew of the Bishop Stewart, and upon his death this gift went to his daughter, Elizabeth. On 11 February 153617, Robert was ordered by the legal representative of Elizabeth Stewart to marry Elizabeth Barclay, daughter of the late David Barclay ofCwllarnye 11 (Colairnie) by 24 April 1537 • Failure to do so would mean that Elizabeth Stewart would receive damages. There is no record that Robert ever married Elizabeth Barclay or paid damages to the Stewarts. One wonders if Robert defaulted on the marriage and then struck a bargain with Elizabeth Stewart's representatives to marry her in lieu of paying for damagesand Elizabeth decided that marriage to each other was a more enticing proposition. Robert succeeded his father as the seventh laird of Calderwood 12 around 20 October 1540 and died about 6 September 154 7 • No record of a marriage for Robert before his death has been located, but a marriage to Elizabeth Stewart is the most likely only viable explanation for her holding Mauldslie as her terce. Certainly, they had no surviving children who survived Robert as Robert's his brother John succeeded him as laird. It is easy to see how an unrecorded marriage of the elder brother Robert to Elizabeth Stewart could be mistakenly assigned to the younger brother John.

Elizabeth Hamilton of Innerwick So who was the Elizabeth Hamilton, the wife ofJohn Maxwell, mentioned as receiving Mauldslie as her terce in the 1553 charter? According to Fraser, she was oflnnerwick. He is mistaken because he assigned the wife of the son as the wife of the father. He was not alone in making this mistake. John Anderson in the House ofHamilton also 13 claims that John married Elizabeth Hamilton oflnnerwick • We know that there was a marriage contract between Sir James Maxwell, the son of John, and Isabel Hamilton, the daughter of Alexander Hamilton oflnnerwick and Isabel Home, dated 12 February 14 1579/80 at lnnerwick • Therefore, Elizabeth Hamilton, the wife of John, could not be the same as ofElizabeth or Isabel Hamilton oflnnerwick, her future daughter in law.

Elizabeth Hamilton of Finnart It was Sir James Balfour Paul who properly identified the wife of John Maxwell of Calderwood as Elizabeth Hamilton ofFinnart in his analysis ofwork on the records of 15 the Lord High Treasurer • No record has been found of the marriage of John and Elizabeth, but there is a record of the payment of her tocher (dowry) in April 1548. There Elizabeth is identified as the niece of the Lord Governor, James Hamilton, 2nd Earl of Arran, the legitimate half brother of Sir James Hamilton of Finnart '". This would be James Hamilton, 2nd Earl of Arran, the legitimate half brother of Sir James Hamilton ofFinnart. Specifically, the record states: .. Item, to the laird ofCalderwod,

The Scottish Genealogist 53 i1111a111e of1011clier, 1ri1'11 his graces hrotliers do11c/11er Eli::abe1h I /a111 111i/10111 1. 1j d nj 17 Ii. xi(i s. ii(i d. [£666: I 3s: 4d: or I 000 mcrks]" . She was also given other gi ft s. usually cloth. by her uncle the Lord Governor between 154 7 and I 5501s. Eli zabeth Hami lt on was the illegitimate daughter ol' Sir James Hamilton ofFinnart and Eli zabeth Murray. Her father was the ill egitim ate son of James Hamilton, I'' Earl of 1 Arran. and !Vlary Boyd '' . He was a notorious scoundrel who bu il t a huge fo rtu ne. was 20 an architect of some fa me. and ended his Ii fc on the scaffold . Her mother is menti oned in an in strument ofsasinc dated 29 August 1560 for the lands ofMekill and 21 Litill Brighouss (Big and Lit tle Brighouse) in \Ve t Lothi an . Mary turned th is property over to her daughter. but reserved a Ii lc rcnt. There is also a legitimation gra nted to "Eli::aheth I la111 111.1•/1011 11. /)(lswrde ..fil ie 11 a1 111·a/is Eli::abe1h M11rray" dated 22 March 1540/ 1 at Ed in burgh22 . Legitima ti on was important. for wi thout it on her death her lands woul d ha ve retu rned to the Crown. rather than have descended to her o l'f.~ p ri ng . Despi te. or perhaps one might say because of, her ill egiti mate bi rth , 21 Eli zabeth ·s ancestry includes .J ames 11. Ki ng of Scots •

T he Divorce The marriage between John Maxwe ll and El izabeth Hamilton ended in a complex and messy divorce. but one that provides rich ge nealogical d c t a i l s 2 ~ . In itinlly, on 5 August 1563 the ciders nnd dcncons of Glasgow grant ed John a di vorce from Eli zabeth. charging her wit h adu ltery. on 5 August I 56Y ' . However, Elizabeth appeal ed th is decision. and th e recently establ ished Co mm is ary Court of Edinburgh overturned the 21 divorce in her fa vor on 15 November 1564 '. The grounds fo r this reversal were that John was cohabit ing with Eli zabeth Lindsai · . In Scouish law of this period. a divorced person was not all owed to wed the paramour of an adulterous affa ir if th e fo rm er spouse was still l i v in g 2 ~ . The Comm issary Court granted a fi nal order in 29 Elizabcth "s fa vor on 16 March 1564/5 • John was required to take Eli zabeth back as hi s wife and to stop cohabit ing with Elizabeth Lindsay. John and Eli zabeth then submiucd to arbitration start ing al Mauldsli c on 23 April 1566 and came to a fi nal 10 agreement. confi rmed by a dccrcct arbitral. on 18 February 156617 • In this separation agreement. Eli zabeth promi ses not to legall y pursue John legall y an y further if he cohabi tatcs wi th another. Furthermore. she renounced renounces her right s to John ·s lands. The agreement allowed either party to seek a divorce, but Elizabeth 's tcrcc rights to the li fcrcnt ofMaul dsli c wo ul d be preserved. If she breaks th e terms of th is agreement. th en she would fo rfeit her rights to Maulclslic. The decrcet arbitra l between John Maxwell and Elizabeth Hamilton is noteworthy because all their chi ldren arc named and arrangements are made fo r their fin ancial fu tures. The eldest son. Jame Maxwell. was granted Calderwood and the other lands 11 of his fa ther. who retai ned them in li ferc nt • James would also of course become the Laird of Calderwood at the death of his fat her. John was given curatorship of his son James. Should James die then the Calderwood estate would pass to the younger son.

54 The Sco11ish Ge11 ealogis1 Robert MaxwelP2 • In this same document, John also makes a promise involving his son Robert: .. Andforder the said laird sall 1111rice and sustene Robert Maxwell his 33 second sone at the scolis [school]" • For her part, Elizabeth's part, the Court promied: .. And al.ma decretis decernis & ordains the said Elizabeth Hamiltoun to il~/eji the said Robert Maxwell hir sone in.fourtie merks ofan1111elre11t pertening to the hir ofthe lands ofBriglwuse liand within the sher(flaom ofLinlithgow in fee hlanche haldand ~( hir 34 selffor payment ofane pennyyeirlie" • She was to hold the liferent from these lands. Lastly, the settlement mentions three daughters: Margaret, Christine, and Isabel 35 Maxwell. Each daughter was given a dowry of 200 merks • Elizabeth Lindsay 3 This leaves the issue of Elizabeth Lindsay ". Apparently, John Maxwell, thinking he had a valid divorce from Elizabeth Hamilton, married Elizabeth Lindsay between 5 37 August 1563 and 15 November 1564 • In Scottish law of this period, a divorced person was not allowed to wed the paramourofan adulterous affair ifthe former spouse 38 was still living • We have seen that However, the Commissary Court ruled that his relationship with Elizabeth Lindsay this was not properinvalid and that he had to go back to his wife Elizabeth Hamilton. No evidence has been found that John had any children with Elizabeth Lindsay or that he went back to her after he finally settled with 39 Elizabeth Hamilton on 18 February 1566/7 • Nor is it known if either party eventually received a final and legally binding divorce, but it seems likely that this was the ultimate outcome. Elizabeth Hamilton's Loss of Mauldslie The last twist in this story is that Elizabeth Hamilton lost her interest in Mauldslie. On 20 December 1576 at Holyrood, Sir James Maxwell was granted the gift of the forfeiture of the manor house at Mauldslie, called Hall Park, and all its rents. This was the result of a complex legal procedure in which: Gift to James Maxwell of Calderwood, 'domesticall servand' of the Regent, of the escheat of the liferent of the Mains and manor place ofMauldislie called the Hall Park, mails [rents], ferms [farm rents] and duties thereof, in the sheriffdom of Lanerk, wich pertained in liferent to ~lizabeth Hammiltoun, sometime spouse ofthe deceased John Maxwell of Calderwood, by reservation contained in the infeftment of the said James, the said Elizabeth being at the horn in virtue ofletters in the four forms raised at the instance of the said deceased John for her failure to fulfil her part of a decreet arbitral between the said John on one part and Alexander Hammiltoun ofNetherfeild, 'have-and respect to the weill [well being] of the hous of Calderwod and takand the burding upoun him for the said Elizabeth, his sister, and scheo [she] to releif the said Alexander, hir [her] brother, of the said burding, 'on the other part, and remaining at the horn 40 beyond year and day • It would appear that the Elizabeth failed to complete a financial commitment under

The Scouish Genealogist 55 involving the 15676 decree! arbitral. As her husband was dead by 1576. the forfe iture was granted to his heir and eldest son James. Thi grant clearly show that Elizabeth Hamilton was the sister of Alexander Hamilton of Ncthcrfield. another ill egitimate 1 child of Sir James Hamilton of Finnarr •

Conclusion There is solid evidence that only Elizabeth Hamilton. the daughter of Sir James 1 Hamilton of Finnart was the The only legal wife for John Maxwell , 8 h Laird of Calderwood .. for whi ch there i solid evidence is Elizabeth Hamilton. the daugh ter of Sir James Hamilton of Finnarl. John's marriage to Eli zabeth ended in biltcrness and strife, but it was successful in the sense that it produced children who left descendants in Scot land and .

A Genealogical Summa ry I. RournT M,\XWELL, 6'h Laird of Calderwood, son of Sir Robert Maxwell , 5•h Laird of Calderwood. and Sibilla Carmi chael, born after 1489. succeeded hi s fat her as la ird in 15 10 as a minor, died before 1 November 1532, married between 12 and 17 March 42 1523. ISABELLA ELPll lN. TONE .

2. ISA II ELLA OR EuZAUETll Eu•11 1NSTONE, daughter of Si r John Elphinstone, died after 1538, married first, as hi s second wife, Da vid Li nd say of Dunrod, he di ed before July 1518, marred secondly Peter Colquhoun, a burgess ofGlasgow, married thirdl y Robert Maxwell of Calderwood, and fourthly before 2 Fcbruaiy 1537/8, Da vid Stewart, 43 brother of Andrew Stewart. Lord A vondale • Robert Maxwell and Isabella Elphinstonc were the parents oft he fo ll ow ing children:

1. ROBERT MAXWELL, 7•h Laird of Calderwood, cl. ca. 6 Sep. 154 7, succeeded his father 20 Oct. 1540, probabl y m. ca. 1537 E1I ZABETll STl:WART, daughter of Si r 44 Robert Stewart ofMinto .

3. II. JOl-11 MAXWELL, Ill. ELI ZABETll H A~ llLTO "

iii. EuzA BETl-I MAXWELL. Ill. contract 3 1 August 1563. ROBERT L1 'DSAYof Du nrod45 .

46 iv. - ?- MAXWELL, another daughter married to Jo11 N HAMILTON of Orbiston • 11 3. J Oll N MAX WELL, 8' Laird of Calderwood, son or Robert Maxwell , 61h Laird or 47 Calderwood, and Isabella Elphinslone, probabl y died soon after 28 July 1572 • marri ed about 1547 or 1 548 ·1 ~ , EL IZABETll H A~ ll LTON 4 9 , & most likely di vorced after 18 February 156617. He might also have been wed to EuuuETll LIN D AY between 5 August 1563 and 15 November 1564 when thi s arrangement was overturned. John 50 succeeded hi s brother. Robert Maxwell , as Laird ofCa lderwood. in September 154 7 •

4. ELIZABETll H A~ ll LTON . the illegitimate daughter of Sir James Hami lton of Finnart 1 52 and Eli zabeth Murray5 • born we ll before 16 August 1540 , di ed aft er 20 December 53 1576 .

56 Th e Sco11ish Genealogist John Maxwell and Elizabeth Hamilton were the parents of the following children: i. Sir JAMES MAXWELL, 9111 Laird of Calderwood, d. Sept. 1622, m. ( l) before 28 Jan. 1572, HELEN PORTERFIELD, d. ca. 1573, (2) marriage contract 12 Feb. 1579, Isabel Hamilton, daughter of Alexander Hamilton of lnnerwick, (3) 8 Sept. 1610, MARGARET CuNtNGHAME, third daughter of James Earl of Glencairn, 54 widow of Sir James Hamilton of Evandale, d. ca. 1632 • Ancestor of the Baronets of Calderwood in Scotland.

11. The Very Rev. RoBERTMAXWELL, M.A., Dean ofArmagh,d. between 12April. 1622 and Mar. 1625/26 in Ireland55 , m. before 26 Dec. 1581 (I) SUSANNA 56 57 ARMSTRONG , (2) ISABELLA SETON • Ancestor of the Barons of Farnham in Ireland.

58 iii. MARGARET MAXWELL •

59 iv. CHRISTINE MAXWELL •

60 v. ISABEL MAXWELL • (We are indebted to Rosemary Bigwood for transcribing the divorce documents crucial to this case).

References 1 Unless otherwise indicated, the background history of the Max wells comes from Sir William Fraser, Memoirs of the Maxwell.\· of Pollok, 2 vols. (Edinburgh: Privately printed, 1863), passim, or his The Book ofCarlaverock: Memoirs ofthe Maxwells, Earls o.fNithsdale, Lords Maxwell and Herries, 2 vols. (Edinburgh: Privately printed for William Lord Herries, 1873), passim. Maxwell of Calderwood anns: Quarterly, l st and 4th, Argent a salt ire Sable, within a bordure counter-compony of the last and first, 2nd and 3rd, Argent a bend Azure for Dennistoun. There is some confusion concerning the Maxwell of Calderwood arms and often they are incorrectly given as Argent, a saltire sable, on a.chief of the first three pallets of the second. Though this latter blazon describes the arms used by the Maxwells in Ireland, the former are the true arms used by the Maxwells of Calderwood. For a nicely done illustration of these arms see George Anthony Maxwell, "Maxwell Heraldry," ( l 0 Mar. 2005). Colin Campbell, "The Arms of the Maxwell of Calderwood," The Scottish Genealogist l 3 (Oct. 1966):7-15 24; 15 (Mar. 1968):24; 15 (June 1968):44-45. Bernard Burke, General Arm01y of England, Scotland, Ireland and Wales (Reprint, Baltimore: Genealogical Publishing Co .• 1967), 672. 3 George Edward Cokayne, Complete Baronetage, 5 vols. (Exeter: W. Pollard & Co., Ltd., 1900-1906), 2:320-321. 4 Sir William Fraser, Memoirs ofthe Ma.xwells ofPollok, 2 vols. (Edinburgh: Privately printed, 1863 ), 1:471. We are indebted to Alexander Maxwell Find later for kindly explaining the complexities of Scottish inheritance law regarding the passing ofa terce from one woman to another, clarifying some difficult Latin, and retrieving photocopies of the key documents reviewed in this. p.·aper. W.e al.so th.ank Ro.·se~ Bi~ood \ 4 August 2002, hereinafter '"Glossary." Ca lderwood i near East Kilbride. Lanarkshire. and was inherited from the Max wells of Pollok in 1400. Mauldslic is near Carluke. Lanarkshire, and was acquired through inheri tance from the Dcnnistons in 1-102. Fraser. ;\/ax11·ells of Pollok. I :460. 462. The Maxwclls of Calderwood is the eldest cadet ofMaxwclls of Pollok who in tum arc the eldest cadet of the Maxwell ofCarlavcrock. 6 Reg. Mag. Sig., 4: item 785. • Reg. 1\1/ag. Sig., vol. 4:. item 784. A tercc is a one·third share of an estate that a widow is entitled to hold in lifcrcnt. "Glossary." 1 Regis/rum secre1i sigilli reg11111 Sco1orum: Th e Regis/er of1/te Pri1'." Seal ofSco1la11d . cd by Mauhcw Livingstone ct al.. 7 vols. in 8 (Edinburgh: H. M. General Register I louse. 1908· 1966), hereinafter Reg. Sec. Sig., 2: item 1403. q Reg. Sec. Sig .. 2: item 14-1 2. 10 Sir James Balfour Paul. ed .. The Sco1s Peerage: Fo1111ded 011 Hoods £di1io11 ofSir Rohen Douglass Peerage ofSco1lm1d: Coll/ai11i11g a11 /-lislorical a11d Ge11ealogical Acco 11111 of1/te Nobili1y of1!t a1 Kingdom. 9 vols. (Edinburgh: D. Douglas. 1904· I 9 I 4). 2:77· 79. 11 Book Review of Abs1rac1s of Pro1ocols of 1/te Town Clerks of Glasgow in Th e Scollislt A111iqu(lly 12 ( 1899): 144. Paul, Seo ls Peerage, 3 :529·530. i: Fraser. Max11·ells of Pollok. I :469. 11 .J ohn Anderson, His1orical a11d Ge11ealogical Memoirs of //1e /-louse of llamil1011: Wi1!t Ge11ealogical Memoirs oflit e Several Bra11cltes oflite Fami~v (Edinburgh: John Anderson. Jun .. 1825). 310. 1• Reg. 1\1/ag. Sig., 5: item 780. The marriage contract is ci ted in another document dated I 0 January 1584/5. In her turn, Isabel Hamilton of lnncrwick was associated with Mau ldslie in a charter dated 17 February 1607. Reg. Mag. Sig., 6: item 1858. 15 Si r James Balfour Paul, ed. , Co 111pola tltesa11rariorum Reg11m Scolorum: Acco11111.1· of lite lord High Treasurer ofSco//cmd (Edinburgh: H. M. General Register House. 1887· I 9 I 3). 9:Jx.Jxi. This correction is also found in George Hamilton, A /-lis101J' ofrit e /-louse of/-la 111il!o11 (Edinburgh: J. Skinner & Co., 1933). 272. 16 Hamilton. /-louse of f-lamil1011. 272. 17 Paul , Compora 1/tesaurariorum Reg11111 Sco10ru111, 9: Jx.Jxi. 175. iK Paul. Compow 1!tesa11rarion1111 Regum Scororum. 9: 160. 36 1. 427, 429. 11 ' Reg. 1\tfag. Sig.. 2: item 3803 ...Ma nuscripts of the Duke of Hamilton.'" 20. itcm 27. James Somerville, Memoire oft!te Somervilles: Being a I li.1·101)1of t!te Baro11ial /-louse ofSom erville by James. Eleve11tlt l ord Somerville.. . , (Edinburgh: A. Constable, 18 15), I :32 1. 315. George Crawfurd, A General Descrip1io11 oflit e Sit ire ofR e11ji-e11: l11c/11di11g a11 Acco11111of1/te Noble a11 d A11cie111 Families ... (Paisley: J. Neilson. 1818), 126. :o Dic1io11(11J' ofNc11io11al Biography. 22 vols. (: University Press. 1921·I922). 8: I 051. Jamie Cameron, James I~· The Pe1:w11al Rule 1528·1542. ed. by omrnn Macdougall (East Loth ian: Tuckwc ll Press. 1998). 191 ·227. Charles McKean, '·Hamilton of Finnart." /-lis1ory Today 43 (January 1993): 42· 7. Charles McKean. "Sir James Hami lton of Finnart:

58 Th e Scn11ish Ge11ealogis1 A Renaissance Courtier-Architect." Architectllral History 42 ( 1999): 141-72. 21 Scottish Record Society, Protocol Books of.James Foulis. 1546-1553. and Nicol Thounis, 1559-1564 (Edinburgh: J. Skinner & Co., Ltd., 1926), part 100, 5 [of second pagination], item 19. 22 Reg. Sec. Sig.. 2: item 3942. 23 Her royal ancestry is outlined in John P. Dulong and Patricia A. (McGuinness) Dulong, "Thomas' W. Palmer, 1822-1865, of Ireland and Michigan," The Genealogist, published by the American Society of Genealogists, forthcoming in 2005. 2 -i Hamilton, House ofHamilton, 272, deserves the credit for finding the documents relating to this divorce case. National Archives of Scotland, Decreets and Deeds in Scottish Commissariats, Edinburgh, CC8/2/l :222v-223r, hereinafter, "Elizabeth Hamilton contra John Maxwell." National Archives of Scotland, Register of Deeds, Hornings. and !11hibitio11s, RD l/7:372r-377v, hereinafter, "Contract Between the Laird of Calderwood and the Lady Thereof." (Photocopies of both documents in possession of the authors; abstracted and transcribed by Rosemary Bigwood). 25 "Elizabeth Hamilton contra John Maxwell," l :222v. 26 "Elizabeth Hamilton contra John Maxwell," 1:222v-223r. Divorce was a relatively new innovation in Scotland that accompanied the Reformation in 1560. The Commissary Court was created on 28 Dec. 1563 and would have taken over control of this case from the refonned church authorities. Charles J. Guthrie, "This History of Divorce in Scotland," The Scottish Historical Review 8 ( 1910): 44-52. David Baird Smith, "The Reformers and Divorce: A Study on Consistorial Jurisdiction," The Scottish Historical Review 9 ( 1911):l0-36. 27 Apparently, John Maxwell had married Elizabeth Lindsay, "Elizabeth Hamilton contra John Maxwell," I :223r. 28 David M. Walker, A Legal History of Scotland (Edinburgh: W. Green, 1988-2001).3:679- 681. We are indebted to Rosemary Bigwood for pointing out this source. 29 "Contract Between the Laird of Calderwood and the Lady Thereof," 7:376r. 30 "Contract Between the Laird of Calderwood and the Lady Thereof,'' 7:372r-376r. 31 "Contract Between the Laird of Calderwood and the Lady Thereof," 7:374v-375r. Specifically, James was to receive Jackton, Allerton, Newlands, Greenhill and Mekil (Big) Drypis. These lands are in the Barony of Kilbride near modem-day East Kilbride, in the sheriffdom of Lanark. All these lands, including Calderwood and Mauldslie, arc south south­ east of Glasgow and adjacent to the lands held by the Hamiltons. Brighouse, the exception, which went to Robert, is in West Lothian (fonncrly Linlithgowshire). 32 "Contract Between the Laird of Calderwood and the Lady Thereof," 7:376v. When Sir 1 William Maxwell, l0 h Baronet of Calderwood. died without children on 4 December 1885, 1 his sixth cousin twice removed, Sir James Pierce Maxwell, 9 h Baron Farnham, in Ireland, inherited his property. Sir William Maxwell was the descendant and heir of Sir James Maxwell of Calderwood, while Sir James Pierce Maxwell was the descendant and heir of the Very Rev. Robert Maxwell, Dean ofAnnagh. The 1900 inheritance ofthe baronetcy of Calderwood by the Lord Farnham, as proven in the Lyon Court, This inheritance, centuries after their deaths of John and Elizabeth, confinn that James and Robert were brothers and fulfills the inheritance clause in the decrect arbitral and proves the relationship between the Scottish 1 and Irish Maxwells. Burkes Peerage & Baronetage, l 06 h ed., 2 vols. (Crans, Switzerland, 1999), l: l 036-103 7. Cokayne, Complete Baronetage, 2:32 l. 33 "Contract Between the Laird of Calderwood and the Lady Thereof," 7:374v.

The Scottish Genealogist 59 Maxwell Family OCCGS REFERENCE ONll

1 60 C: 11 [: 1 l Tlt e Sco11islt Ge11eologis1