Book ^9^ P I I 4 W t» '(' ®i|^ JamtlQ 0f l|ag Privately Printed for the Author by THE GENEALOGICAL ASSOCIATION New York City MDCCCCVIII HISTORY OF THE PROGENITORS AND SOME SOUTH CAROLINA DESCENDANTS OF Olnlottfl Ann l^amk^a l^ag WITH COLLATERAL GENEALOGIES A. D. 500 - 1 908 BY CHARLES J. COLCOCK, C. E. ^^fy 3^ • •• 'T'HIS History of their Ancestors and Descendants is dedicated to the memories of Susan C. Hay and Eliza Hay Colcock as a token of his affection by the Author. J^rrfcire jEVEN years ago, the writer of this httle volume S^ secured the services of a capable agent, Mrs. Laura ^ Nichols Graham (her present address, "The Cum- ^ berland," Washington, D. C), who embarking at Boston, Massachusetts, set sail for Kingston, Island of Jamaica, duly commissioned with the task of examining all records on file relating to Michael and his only son, Colonel Ann Hawkes Hay. It was known that the former, emigrating from Scotland in the early part of the eighteenth century, had settled at Kingston; whilst the latter, with a half uncle, later the Rev. Isaac Wilkins, D. D., had been sent to New York to be educated, and had mar- ried there when eighteen years of age Martha, a daughter of the Hon. William Smith, Judge of the Supreme Court of New York and a native of England. Of twelve children surviving from this union, left orphans at a tender age by the early death of their father, the eldest son had remained in the State of New York, where he married and left descendants ; a daughter, Janet, marrying Mr. Campbell, had removed to the State of Louisiana ; whilst the remainder and a widowed mother had settled finally in the State of South Carolina. Scarce more thpn infants when their father died, his valuable papers having been destroyed at his home in Haverstraw on the Hudson during the war of the American Revolution, the lineage of Colonel Hay was unknown to his children beyond the tradition that he was directly descended from an ancient house. Hay of Erroll, confirmed by the following coat armor handed down to them : "A field argent charged with three shields gules within a bordure nebule of the last ; for crest, a hand proper holding an ox-yoke ; motto, 'Laboranti Palma.' " X PREFACE Faithfully did Mrs. Graham execute the laborious duty as- signed to her. Guided by "Archer's Monumental Inscriptions," after a diligent search under a tropical sun in July, she fovmd herself sweeping the accumulated dust of one and a half centuries from the foot-worn marble slab fitted over a vault in the centre aisle of the Kingston parish church, and transcribing therefrom the half obliterated superscription relating to what had been ani- mate of the remains of Michael Hay, his daughter Isabella Rich- mond, and his wife's cousin german, Mrs. Alexander Grant. In one grave, just outside the church, had been interred the bodies of three infant children of Colonel Hay and his wife Martha Smith, their burial records being preserved at Spanish Town, to which the Jamaica archives had been removed for safe keeping. The documents copied by Mrs. Graham at Spanish Town show that Michael Hay had been a wealthy planter possessed of several estates and many slaves in Jamaica, and had married soon after his arrival in that island Esther, daughter of the eminent Judge Martin Wilkins, one of the Associate Justices of Jamaica Island, whose family had emigrated from Glamorganshire, Wales. To the above marriage one son had been born, Ann Hawkes Hay, whose peculiar name was bestowed in compliment to a ma- ternal great aunt, Ann Wilkins Mister, who made him her heir after the death, with no surviving issue, of her daughter Martha, wife of Dr. Alexander Grant of Jamaica, whose family may be distinguished by his coat of arms charged with three crowns to be seen on his tombstone. A paragraph in the testament of Michael Hay mentioning "The children of my sister Jane, spouse of Dr. George Bethune of Cupar, Fifeshire, Scotland," the services of Mr. Henry Paton, I20 Polwarth Terrace, Recorder in Edinburgh, were secured, and he was empowered to delve amongst the musty volumes in the Scottish offices of registry for mention of Michael Hay and Jean Hay Bethune in the hope that this would reveal their parentage. It may be seen by examining the documents presented later in this work that this expectation was realized by evidence showing that the parents of Michael were Thomas Hay, writer in Edin- burgh, and writer to the Signet, who died in 1728, and his wife Isabel Balfour, who died in 1745, naming in her testament her hus- PREFACE xi band Thomas Hay, writer in Eilinburj^di, and ihrcc children, Michael, Andrew, and Jean, spouse of Dr. George Bethune of Cupar, Fifeshire. Mr. Paton also extracted a paper executed by Michael Hay, in which he describes himself "Eldest lawful son and apparent heir to Thomas Hay, writer in Edinburgh," dated 1745, Kingston, Jamaica; and another drawn by Jean Hay, dated Cupar, 1746, describing herself "Spouse of Dr. George Bethune of Cupar, Fifeshire, and lawful daughter to Thomas Hay, writer in Edin- burgh." Both of these wxre executed just after their mother's death in 1745. Thus was found, what in genealogical tracing is the most difficult link in a chain of descent, the connection between the first American ancestor and his progenitors in Great Britain. The parentage of Thomas Hay, wTiter in Edinburgh, was next established by "A Letter of Factory," dated Rome, Italy, 1721, written by Andrew Hay, describing himself "lawful son of James Hay of Carriber," and appointing as his legal representative in Scotland "Thomas Hay, writer in Edinburgh, my brother german, in whom I have every confidence" ; and also by a document dated 17 — , "by Andrew Hay of Bridgehouse, son of Thomas Hay of Carriber, writer in Edinburgh and wTiter to the Signet," together with a deed executed by "Thomas Hay, writer in Edinburgh," referring to his estate of Bridgehouse formerly belonging to Sir David Balfour of Forrett (his wife's father), witnessed by Michael Balfour (his brother-in-law for whom his son Michael had been named). The will of James Hay of Carriber, drawn up many years before his decease, mentions his w'ife Magdalen Robertson, his brother Mr. John Hay of Woodcockdale, and three sons, John, George, and Andrew ; and provides for children not yet born. That James subsequently had a son Thomas is shown by the letter of factory written by his son Andrew, extracted from above; and that he had two daughters, Christian and Grizel (Grace), is shown in the will of their brother John, which mentions them and their husbands, Andrew Marjoribank, and Thomas Boyes. In a "History of Writers to the Signet." published in Edin- burgh, occurs a sketch of James Hay of Carriber, wdiich mentions his death in 1702, and states that he married Magdalen Robertson, and was the son of Mr. David Hay of Woodcockdale, Clerk of xii PREFACE Sessions ; while a legal document dated 1646, extracted from the Edinburgh records by Mr. Paton, refers to Mr. David Hay of Woodcockdale and his spouse Jean Winrame (or Winrihame). Thus, by documents secured through the invaluable assistance of Mrs. Graham in Jamaica and Mr. Paton in Edinburgh, the lineage of Colonel Ann Hawkes Hay was successfully traced back through four generations in Scotland, and it became known with what families of Great Britain he was related. The aid of some of these kinsmen was now invoked by cor- respondence, and much valuable information afforded by letters to the writer received from the Duke of Sutherland, Sir Lewis John Erroll Hay, 9th Baronet of Park, Sir Archibald Dunbar of Elgin, Sir James Balfour Paul, Lord Lyon of Scotland, and the Rev. James Bonallo of Auldearn, and a very complete chart from Mr. William Hay of Edinburgh, which connects Thomas Hay, writer in Edinburgh, 1725, with his progenitor William de la Hay, who died 11 70, and was the cup-bearer to Malcolm IV. and William the Lion. In one of his letters. Sir Lewis Erroll Hay enclosed a little pamphlet, "The Culbin Sands," in which the author, Mr. George Bain of Nairn, Scotland, made a beautiful reference to the Hays- of Lochloy, ancestors to Hay of Woodcockdale. This led to a correspondence with Mr. Bain replete with most valuable information germain to this work. In this place, the writer begs to express his most sincere gratitude to Mr. Bain for his great kindness in contributing to this little work, freely and without price, from his extensive store of knowleiige relating to- "The Hays of Lochloy." But for such assistance this family his- tory would have been very incomplete, and every descendant of "the knightly family of Hay of Lochloy" or of "Rose, Barons of Kilravock," or of any prominent family of Nairnshire, is urged to secure a copy of this "History of Nairnshire," which may be had by enclosing three dollars and sixty cents to Mr. George Bain,. Editor of the Nairnshire Telegraph, Nairn, Scotland. The following authorities are among those consulted in- preparation of this work: The books of Baronetage and Peerage by Burke, by Douglas, by Sharp, and by Debrett; Burke's "History of the Commoners,"' the "Encyclopaedia Britannica," Chambers' Encyclopaedia, and; PREFACE xiii "The National Biography" ; the histories of Scotland by Scott, by Robertson, and by Lang; Browne's "History of the Scotch High- landers"; "The American Arcliives"; "Smith's History of New York"; "New York in The Revolution"; "A Genealogical Deduc- tion of the I'amily of Rose, barons of Kilravock" ; "A History of Nairnshire," by Mr. George Bain; "Great Historic Families of Scotland," by Dr. Taylor, and "The Bruces and Cumyns," by Mrs. Gumming Bruce. Acknowledgment is likewise made to Miss Mary Erskine Hay for her valuable assistance in verifying records, and to any others who have aided by supplying information for this modest little work which though full of faults, it is hoped may yet be free from errors. Should any feel inclined to criticise the introduction of col- lateral ancestors, so styled, into this family history, let them realize it is the design of the author to set forth the lineage of Golonel Hay, that it is a convention of man which transmits the name to the male posterity, inheriting the blood and characteristics of the mother equally with those of the father, and frequently to a more pronounced degree — a law of nature recognized by the ancient Gael in the custom of "Tanistry" regulating the succession of his kings. Who, attempting to describe a mighty stream flowing into the broad ocean, would neglect to take into account its tributary sources, which, intermingling with the central current, blend to form the perfect whole rolling on in majesty, having acquired dignity from its length and grandeur from its breadth? If any Hay progenitors, as those of many another American family, are of noble and royal lineage, even in a democratic coun- try, this circumstance should not preclude their introduction into a work designed as a monument to its past, in which are to be engraven the names of ancestors who have borne important parts in shaping the world's history, bequeathing to posterity records of greatness for inspiration, and examples of usefulness for imita- tion. In preparing this volume, the writer hopes he may incite others of South Carolina to follow his example, each perpetuating the memory of his fathers in form more durable than marble or brass ; and while drawing much of his material from the history of the xiv PREFACE past, he yet adds material that is new, moulding it into such coherency that it may serve some useful purpose to the historian of the future. Such is the ambition of this delver in the ashes of the past — the ashes of those who have experienced the soft emotions of love and been stirred by the turbid passions of ambition, which, break- ing down the artificial divisions of time, prove universal humanity akin, and thus will his labor serve an end more extensive than is generally implied in a family genealogy, of a dignity, however, sufficient in itself to justify its compilation. Errollton Cottage, C. J. C. Lyndhurst, South Carolina, 25 July 1907. PART I Carlp Ji)i^ttivp |HICH presents to the reader a review of a section W^ of the early history of Scotland, and introduces ^ Colonel Hay's Gaelic ancestors, whose names in i ^ ^'^^^ sketch are distinguished from other names by ^^^^^^^ being marked with a star. The authorities from whose works these facts are extracted have been mentioned in the preface to this work. The Scoto-Irish, a branch of the great Celtic family, are sup- posed to have crossed to Ireland from North Britain and settled in Ulster. The most powerful of its two tribes was the Cruithne. About the year 250, Carmac, King of Ireland, sent his cousin, General *Cairbre-Riada, to quell disturbances among these kindred Gaelic clans, who conquered a territory of about thirty miles extent in northeast Ireland, which was granted to him by the king, and over its inhabitants his posterity ruled for several ages, giving to its natives the name of Dal-Riads. A colony of the Dalriadic Celts, who were Christians, crossed over to Scotland, then inhabited by the Picts. In the year 503. a second colony of the Dalriads (the first having been driven back to Ireland), under three brothers — Lorn, Feargus, and Angus — sons pf *Erc, a descendant of Cairbre-Riada, settled in what is now Cantyre. From these brothers spring the Scoto-Irish, or Gaelic, kings of Scotland. During the reign of Conal, fifth in line, his kinsman, St. Columba, with twelve disciples, crossed from Ireland and founded in the island of "I" the monastery of lona. and thence made pilgrimages among the Picts, whom he Christianized, building monasteries as centres of religion. 2 THE FAMILY OF HAY The period between 503 and 836 was spent in struggles be- tween the Scots, the Picts, and the Saxons of Northumberland, resulting finally in a conquest of the Picts (oppressed on the coast by the Nord Vikings), under their last king, Wred, by the Scots under *Kenneth, son of *Alpin, son of *Eocha IV. by his wife *Urgusia, daughter of a King of the Picts. *Kenneth Macalpin united the rival kingdoms of Picts and Scots, and transmitted the Celtic blood to his descendant * Malcolm Cawnmohr, who, by his marriage to the Saxon princess *Margaret, daughter of *Aedward the Aetheling, added the blood of *Aelfred the Great to the stem of sovereigns of Scotland and of England and of their posterity. The following chronological table of the Scoto-Irish kings connects the three sons of Ere with Malcolm III. In this line, and in the "Saga of Harald Haarfager," the ancestors of Colonel Ann Hawkes Hay are distinguished from other names by being marked by an asterisk: I 2 3 4. 5 6 7 8. 9 10, II 12 13 14 IS 16 17. 18. 19 20 21 22 23 24 25 Lorn, *Fergus, and Angus reigned 503-506. *Domangart, son of Fergus, 506-511. Comgal, son of Domangart, 511-535. *Gauran, son of Domangart, 535-557. Conal, son of Comgal, 557-571. *Aidan, son of Gauran, 571-605. *Eocha-Bui, son of Aidan, 605-621. Kenneth I., son of Eocha-Bui, 621-621. Ferchar, son of Eogan, ist of race of Lorn, 621-637. *Donald-Breac, son of Eochar-Bui, 637-642. Conal II., grandson of Conal I. Dongal, who reigned several years with 'Conal, 642-652. Donal-Buin, son of Conal, 652-55. Maol-Duin, son of Conal, 655-81. Fercha-Fada, grandson of Fercha I., 681-702. *Eochar II., son of Domangart, grandson of Donal-Breac, 702-705. Ainbhcealach, son of Fercha-Fada, 705-706. Silvach, son of Fercha-Fada, reigned over Lorn 706-729. Duncha-Beg, reigned over Cantyre and Argail until 720, and over Lorn 729-733- *Eocha III., son of Eocha II., reigned over Lorn 720-729. Muredach, son of Ainbhcealach, 733-736. Eogan, son of Muredach, reigned over Lorn, 736-739. *Aodh-Fin, son of Eocha III., reigned over Lorn 739-769. Fergus, son of Aodh-Fin, reigned 769-772. Selvach II., son of Eogan, 772-796. TIIR I'AMir.Y OF HAY 3 26. *Eocha IV. (st)nutimes called Achaius), son of Aodh-Fin, married ♦Urgusia of Furgusia, daughter of Fergus, King of tiie Picts, reigned from 796 to 826, 30 years. 27. Dungal, son of Selvacli II., reigned from 826 to 833. 28 *Alpin, son of Eocha IV. (or Achaius) by his Pictish wife, the Princess Urgusia, succeeded to the throne of the Scots, and claimed the kingdom of the Picts A.D. 833. He had two sons :— Kenneth and Donald. 29. *Kenncth II., son of Alpin, known as Kenneth MacAlpin, reigned from 836 to 843. The warlike Picts offered no great resistance, perhaps submitted without resistance, to his claim to the throne by virtue of descent from their Princess Urgusia. Thus was united the races which formed the elements of the picturesque Scotch Highlander, and thus was the blood of the Picts and Scots transmitted to the dynasty of Kenneth Macalpine, which continues as follows : — He had two sons : — Constantine and Eth. 30. Donald, brother of Kenneth II., reigned from 859 to 863. 31. *Constantine IL, son of Kenneth Macalpin, was taken captive by the Danes and beheaded in 878. 32. Eth, or Aodh, or Hugh, brother of Constantine II., reigned one year and was slain by Grig in fight near Strathallan. He left sons: — Constantine (from whom descended the royal family of Scotland, the Bruces, and the Baliols) and Doir, the Thane of Lochaber. The Thanes of Lochaber, and the Great Stewards of Scotland also claim descent from Eth through Fleance, son of Banquo. 2S. Grig, Gregory, or Cyric, now usurped the throne, and associated with him Eocha, grandson of Kenneth M'Alpine by his daugh- ter who had married Cu, British prince of Strath-Clyde. In 893 Eocha died, and Donald, son of Constantine II, took Eocha's place. 34 *Donald II., son of Constantine II., outlived Grig four years and was killed at Fores in a struggle to subdue the province of Moray. He transferred the seat of government from Fort- Teviot to Scone. 35. Constantine III., son of Eth, succeeded, and after a long reign retired to a monastary A.D. 943, and d. at St. Andrews 952. 36. *Malcolm I., son of Donald II., succeeded, and was slain by the Moray men two miles from Fores. He left three sons : — Duff, Kenneth, and Mogall, the father of Grim. 27. Indulph. son of Constantine, succeeded, and was the first King of Scotland to take Edwinsburgh. He was slain by the Norse- men at Invercullen, A.D. 962, and left two sons: — Culin (Colin) and Eocha. THE FAMILY OF HAY 38. Duff, eldest son of Malcolm I., succeeded, but was opposed by Culin, and was murdered at Fores by Donald, the Governor of Fores Castle, a partisan of Culin. Duffus Castle was the north- ern residence of Duff. 39. Culin succeeded and reigned four years, when he fell with his brother Eocha, in a battle with the Britons of Strath-Clyde. 40. *Kenneth III., brother of Duff and son of Malcolm I., succeeded. He married a daughter of William Long-Epee, Duke of Nor- mandy, by whom he had children : — Malcolm, and Duncleda, who married Kenneth, Thane of Lochaber, and was the mother of Banquo. He was assassinated by the Lady Fenella, daughter of Cruichne, Earl of Angus, who was the agent of disaffected claimants to the succession under the law of tanistry, which Kenneth abolished. 41. Constantine IV., son of Culin, usurped the throne, but was slain in battle on the Almond River, in battle with Malcolm, son of Kenneth. 42. Grim, son of Mogall, nephew of Duff, usurped the throne north of Forth. He is sometimes called Kenneth M'Duff. 43. *Malcolm II., son of Kenneth III., succeeded on the death of Grim. His reign was disturbed by Uchtred, son of Waltheof, Earl of Northumberland. He was attacked when 80 years of age, near Glamis, by a ruffian band, and died three days after from loss of blood. He settled his dominions upon his grand- son Duncan. He had three daughters : — i. *Bethoc, or Beatrix, m. Crynan (or Grimus), Chief of Athol, lay-abbot of Dunkeld, and Abthane of the Western Isles, by whom a son Duncan, ii. *Alice or Olith, m. Sigurd Lodvison, Earl of Orkney, and was great-grandmother of Hace, Earl of Orkney, whose daughter and heiress Margaret, Countess of Orkney, m. Madoch, Earl of Atholl, from whom de- scend the Scandinavian earls of Orkney, the St. Clairs, and Colonel Ann Hawkes Hay, who also descends from Bethoc. iii. *Dovada, wife of Earl Finlath, and mother of M'Beth, is also said to have been a daughter of King Malcolm. 44. *Duncan, son of Bethoc by Crinan, grandson of Malcolm, suc- ceeded to the throne. He had three sons : i. *Malcolm, afterward King Malcolm Cawnmohr. ii. *Donald Bane (vide Comyn, sec. vi., part ii.). iii. *Melmare, Earl of Atholl, whose son Madoch, Earl of Atholl, m. his cousin Margaret, Countess of Orkney. Till': l-AMILY ()!• JIAY 5 All of tliL'so children were ancestors of Colonel Hay. Duncan was slain by Macbeth, under the influence of his wife the Lady Gruach, the Lady Macbeth of Shakespeare, praiidaugiitcr of Kenneth IV., who by her first husband Gilcomgain had a son Lulach who d. 1058, leaving a line of claimants to the throne. It is said, but not credited, that King Malcolm II. put to death M'Boedc (son of Boede, son of Kenneth III.), brother of the Lady Gruach, and this caused the murder of King Duncan. 45. Macbeth, wiio slew King Duncan circa 1040, usurped the throne in the name of his step-son's rights, and reigned with great ability until 1058, when he was slain in battle by MacDuff, Thane of Fife, whose descendants were granted the privilege of crowning the subsequent Kings of Scotland. 46. *MaIcolm III., surnamed Cawnmohr, son of Duncan I., now as- cended the throne, and was one of Scotland's greatest sover- eigns. He married Margaret (called for her sanctity St. Mar- garet), sister of Aedgar the Actheling, daughter of Aedward the Aetheling, lineal descendant of King Aelfrcd the Great, and by her Malcolm had sons : Alexander ; Edgar ; and David (successively kings) ; and a daughter Matilda m. King Henry I., of England. The history of Scotland will now be resumed where it was interrupted by this genealogical digression. Malcolm III., surnamed Cawnmohr, reigned from 1058 to 1093. He m. 1st Ingebiorge dau. of the Northman, Earl Thorfinn, and had by her a son Duncan. The King married 2d Margaret, the beautiful and saintly sister of the Aetheling, at Dunfermline, "where the King in the ballad sits drinking his blood-red wine." *Gospatrick, kinsman of Malcolm, and descended from Crinan's line, was Earl of Northumberland, but, engaging in an insurrection against William the Conquerer, took refuge in Scot- land, A. D. iqTjS. and was granted by the king, the lands of Dun- bar, and founded the house of Dunbar and March, so famous in later years for both good and evil. "^^Waltheof, son of Earl Siward, by Elfleda, daughter of Earl Aldred, was made Earl of Northumberland by King William, and married Judith, the Conqueror's niece, by whom he was later be- trayed to her uncle, and William's ill fortune has been dated from the cruel execution of Earl Waltheof, who, having been invited 6 THE FAMILY OF HAY to engage in a rebellion against the Normans, refused, but, in loyalty to his friends, failed to expose the conspiracy. On November 13, 1093, King Malcolm was slain near Alnwick while leading an army against Rufus, his son Edward falling with him. St. Margaret died broken-hearted at Edinburgh Castle and was laid to rest at Dunfermline. His son Duncan had been carried as a hostage to England by William after a meeting with Malcolm at Abernethey on the Tay, and by Queen Margaret he left surviving children, Eadmund, Aethelred lay Abbot of Dunkeld, Aedagar, Alexander, and David later the First. He left brothers Donald Bane (from whom in the female line descended the Red Comyn) and Melmare. Donald Bane was made king by the Celtic element, was driven from the throne by his nephew Duncan, who was slain six months later by the men of Moearn and their Mormaor, Malpeter Macloen, and Donald Bane restored who ruled north of Forth while his nephew Aedmund ruled in Lothian, until with the aid of his ma- ternal uncle, Aedgar the Aetheling, the younger brother Aedgar was placed upon the throne, who put out the eyes of his paternal uncle Donald while his brother Aedmund died in an English cloister. With Donald Bane was ended the reign of the pure Celtic line in Scotland. Aedgar reigned from 1097 to 1107. His sister Eadgyth, or Matilda, married *Henry L of England, bequeathing the blood of *Aelfred the Great to its successive sovereigns. Eadgar died 1107 and Alexander L, his brother, became King of the Scots, while *David became Earl of Lothian and Cumbria, residing for a lengthy period at his sister's court in London. Alexander L was styled "The Fierce" for his retaliation on the Celts of Moray and A'learns, who attacked him at Invergowrie, hard by Dundee, and nearly took his life. After his victory against them at Spey, he founded the monastery of Scone, and its charters were attested by Heth of Moray, who married the daughter of Lulach, son of Gruach — The Lady Macbeth of Shakespeare — granddaughter of Kenneth IV. ; the descendants and pretended posterity of this marriage became a disturbing element to later reigns. Other witnesses to this charter were Madach of Athol, THE FAMILY OF HAY 7 *Malise Earl of Slratheai 11, Dufagaii uf I'ifc, Gratiiacli and Rory (of Angus, Buchan or Mar). He was the first to introduce charters north of Forth, and the last Scottish king who rehcd mainly upon tiic old Celtic and Anglo- Norse element ; his successor being educated at the English court, encouraged the Anglo-Normans to settle in North Scotland, de- porting many of the Highland Scots into the lowdands to make room for the Southrons, no doubt causing them much suffering and distress. Alexander was a resolute and astute Prince ; he married Sibylla, a daughter of Henry I., but died at Stirling 25 Apl. 1124, and was succeeded by his brother David. With *David I. (1124-1153) Anglo-Norman and English in- fluence was established in Scotland, for he had lived many years at his sister's court in London, and was partial to the Norman and his customs. It has been shown that David was the youngest son of *Malcolm Caummohr by his wife the Saxon *Princess Margaret, daughter of Aedward the Aetheling, who while a refugee in Europe had married a Hungarian lady of rank. *David had married Matilda (or Maud), widow of Simon of St. Liz, heiress of Waltheof by his wife *Judith, niece of William the Conqueror, and thus brought Scotland the unfortunate claim upon Northumber- land. On August 22, 1 138, at Cowton Moor, near Northallerton, David and his chivalrous son *Prince Henry led the Scots in the Battle of The Standard, in which was present *Malise Earl of Strathearn. A graphic account of this battle has been given by Ailred, Abbot of Riveaux. who shows that in England Prince Henry was held in admiration. While at Stephen's court, Henry married Ada, youngest daughter of the *Earl of Warrene. He died 12 June 1152, before coming to the throne, and even the English chroniclers bewail him "as though he had been the Chevalier Bayard or Sir Philip Sidney of his age." Henry left sons Malcolm b. 1142, William the Lion, and *David Earl of Huntington, whose births followed at intervals of about a year. *King David I. died at Carlisle 24 May 1153, leaving a repu- tation for virtue, bravery, and benevolence ; he founded the low- land abbeys of Holyrood, IMelrose, Jedburgh, Kelso, Dryburgh, and others, centres of letters and civilization, "and brought Scot- 8 THE FAMILY OF HAY land within the circle of European chivalry, manners, trade, and education." Malcolm IV., son of Prince Henry, was crowned at Scone at the age of eleven years. Henry II. of England took advantage of his youth by wresting from him Northumberland, a part of his grandmother's dowry to her husband. The quarrel was, however, temporarily made up, and Malcolm, called "The Maiden" on account of his great beauty, later accom- panied Henry to Toulouse and was knighted at Tours, winning distinction by his bravery. He was soon called upon to quell a rebellion of the Celts led by Somerled, Earl of Argyl, and Lord of the Isles, and, later, others led by the descendants of Lulach, step-son to MacBeath and son of his wife Gruach, granddaughter to Kenneth III., who left issue to contest the claims of the descendants of *Duncan, grand- son of Malcolm II. A daughter of Lulach had married Heth, Earl of the turbulent province of Moray, and bore him sons Angus and Malcolm. These had led an insurrection against David I., when absent in England, but, at North Esk, were defeated by the Constable of Scotland and Angus slain. Malcolm had carried on a guerilla warfare with increasing forces and successes, and David had been forced to call to his aid his Norman friends under Walter Espec. Later Malcolm was betrayed to David and imprisoned at Roxburgh. It was a son of this Malcolm MacHeth by a sister of Somerled who was now disturbing the reign of Prince Henry's son, Malcolm IV. Galloway subdued and the Celts of The Isles defeated, Mal- colm IV. died 1 165, and was succeeded by his brother William. William the Lion reigned from 1165 to 1214 — forty-eight years. He was a brave and in his early years a warlike Prince, but was captured while making an exhibition of rash valor at Alnwich, kept captive for many years by Henry II., who only released him after exacting his signature to "The Treaty of Falaise," which placed Scotland in feudal subjection to England, the exactions of which treaty were generously annulled by Richard Coeur de Lion. The Firebrand of William's reign was Donald Bane, "pre- tendant" son of William, son of Duncan, son of *Malcolm Cawn- mohr by his Norse wife Ingebiorg, daughter of *Earl Thorfinn. I \ THE FAMILY OF HAY 9 DonaKl fell in battle near Inverness 1187, and his son was hanged in 1212. Such Normans as William settled in Northern Scotland were succeeded Ijy Celticized descendants. William the Lion dietl 4 December 1214, after a long reign of great vicissitude, begun by a yoniliful show of rash valor at Aln, and terminated by practice of the cool dij)lomacy of age. Alexander II., son of William the Lion, succeeded and reigned from 1 2 14 to 1249. He joined the English barons in their struggle witli King John, who came north and burned Berwick. The acces- sion of Henry III. to the English throne ended this war, Alex- ander doing homage for his English fiefs. In 1221, Alexander married the English princess, Joanna. He soon reduced the Celtic province of Argyll to a sherilTdom, which had been in the hands of the Campbells of Loch Awe, of the house of MacArthur. He left, however, the race of Somerled as chief lords, who were to be later won over, as Clan Ranald, to the cause of Bruce, and who held the Isles and included Clan Donald, while the mainland of Ayr was under Clan Dougal. During this reign the claimants having been beheaded, the claims of the Mac Williams and the MacHeths to the Scotch crown were ended. Joanna having died in 1238 without leaving him an heir to the throne, Alexander wedded ^larie de Courci, to whom a son was born in 1241. The king died in 1249, at Kerrera. during an effort to subdue Argyll and make himself Lord of the Isles. He had, in his reign, destroyed the blood of the "pretendants" to give place to strife among the great nobles destined to trouble his successors. He was succeeded by his son. Alexander III. reigned from 1249 to 1286 — about thirty-seven years. He was knighted at York, on Christmas Day, 1251, by Henry III., and the day following married his daughter, the Princess Margaret of England. Then followed a coalition between Alan Durward and Walter Comyn, Earl of Mentcith, for custody of the royal children, and the government of Scotland, in which Henry took part and a regency was established. His minority ended in 1263, Alexander contended with Hakon. King of Norway, and Magnus, King of Man. for possession of The Isles, which were ceded in 1266 by Hakon, excepting Shetland and the Orkneys; 10 THE FAMILY OF HAY but the title of Lord of The Isles remained with the descendants of Somerled till the close of the fifteenth century. Alexander did much to break the power of the Vikings in Scotch v>'aters as allies to the Celts. Edward I. having ascended the English throne in 1272, Alexander did him homage for fiefs held in English territory, but refused to do homage for his own kingdom, which, he said, he held of God. In 1 28 1, his daughter Margaret married Eric, King of Nor- way, and his eldest son married Margaret of Flanders. Margaret of Norway died 1283, giving birth to a daughter, and her brother expired without issue. The succession to the throne now rested with this infant — The Maid of Norway — to whom it was secured by an assembly of the nobles and the estates of Scotland. Alexander married again Yolet, daughter of the Count of Dru, but met his death one stormy night in 1286, his horse falling over a cliff on the Fifeshire coast; he had refused to take shelter from the storm, he must reach wife and home that night. The storm which caused the death of the King portended for Scotland a prolonged period of gloom. On her political horizon are gathering lurid clouds, destined to rain blood over her lands now fair and smiling with peace, and soon the rising flood shall sweep to destruction brave lives and strong castles, leaving desola- tion in its wake; while southern blasts will hurl army after army of the Anglo-Norman over the border to harry a country weak- ened by internecine strife, yet uniting to resist the claims of Eng- lish sovereigns whose ambition had persuaded them to regard free and independent Scotland as a fief. At the close of this now impending struggle, the dispensation of an over-ruling Providence will give the stronger kingdom to be governed by a king of the weaker northern nation, foreordaining that James VI. of Scotland and James I. of England shall be one and the same. On the death of Alexander III., Scotland's sovereign was a girl, but three years old, in distant Norway. Six custodians of the realm were appointed in 1286 to govern the kingdom, viz.: Eraser, Bishop of St. Andrews; the Earl of Fife; Alexander Comyn, Earl of Buchan ; John Comyn, Lord of Badenoch; Wishart, Bishop of Glasgow; and James the Steward. Six months later, at "Turnberry Castle," in Carrick, the fol- lowing nobles "banded" to support each other "save against their THE FAMILY OI' II AN' ii ■fealty to the l\iiig of England, and the person who shall obtain the Scottish throne being of the blood of Alexander III. and accord- ing to the ancient custom of Scotland" : Patrick. Karl of Dunbar and his sons; Walter Stewart, Earl of Mentcith ; *I>ruce, Earl of Annandale and his son *Robert, Earl of Carrick ; James the Steward of Scotland, son-in-law of the Earl of Dunbar; Angus Mohr Macdonald of the Isles, and Alexander his son; Richard de lUirgh, Earl of Ulster; and Thomas de Clare, brother of the Earl of Gloucester, and nephew to the wife of Bruce ; this pointed to the later claims of Bruce. In 1289 Scotland was on the eve of civil war, which was the opportunity of Edward I., who arranged with the Pope and Eric of Norway for a marriage between the Prince Edward and The Maid of Norway. A treaty of marriage was accepted by Scot- land, and the young queen sailed in a Norwegian vessel for the Orkneys, where she died in September, 1290. John Baliol and his partisans were soon in arms asserting his claim to the throne, resisted by the counter claim of *Robert Bruce, Earl of Annandale. These claims and those of others are contained in the follow- ing table: ♦Prince Henry of Scotland, who died before his father King David I., by his wife the Lady Adeline, daughter of William, Earl of Warren and Surrey, left three sons: — i. Malcolm, who succeeded his father to the throne. ii. William the Lion, who succeeded his brother to the throne. iii. *David, Earl of Huntingdon in England, who m, Maud, the youngest daughter of Ranulpli, Earl of Chester, and had by her a son and four daughters : — i. John, surnamed "Le Scot," Earl of Chester d. s. p. ii. Margaret m. Alan, Lord of Galloway, and had two daughters, i. Divorgal m. John of Baliol, and had children, i. John, the present claimant to the throne. ii. Ada m. Sir William de Lindsay, and had a daughter, Chris- tiana, wife of Ingelram, Sire de Courcy. ii. Marjory m. John Comyn, Lord of Badenoch, descended from King Donald Bane ; and had a son. i. John, styled "The Ked Comyn." iii. *Tsabcl m. Robert de Brus, and had a son. i. *Robert, Earl of Annandale, competitor with Baliol. -iv. Maud, d. s. 12 THE FAMILY OF HAY V. Ada m. Henry of Hastings, and had a son. i. Henry of Hastings, whose son or grandson John, 2d. Bar- Hastings was a competitor for the crown. Now is made the celebrated protest of the seven earls against the conduct of Fraser, Bishop of St. Andrews, and John Comyn, who have espoused the cause of Baliol. The friends of Bruce, the elder, place themselves under the protection of King Edward I., asserting Bruce's claim to the throne as grandson of David (Baliol was a great-grandson), and also as tlie choice of Alexander H. when childless in 1233, a choice ratified by a council of nobles. The well-known events now follow where Edward as Lord Paramount declares in favor of John Baliol (which would seem a fair decision), to become a mere puppet to the English king, who probably before rendering a decision had weighed the char- - acters of the rivals. At length Edward's humiliating demands upon John Baliol drove him to the assertion of Scotland's independence. Edward led an army against Scotland, and besieged Berwick, defended — but in vain — by *William Douglas, a name which be- coming prominent for the first time in Scottish history, is destined to play an important part, and wield powerful influence, for many generations to come. In a brief period, Edward, having crossed the border, is mas- ter of all the strong castles, and receives the submission of the nobles. King John is forced to resign his crown and is imprisoned in the Tower of London, but eventually is permitted to retire to France to his Norman estates. *Bruce has joined the crowd of Anglo-Norman nobles to give in their submission to Edward. Proud Scotland lies prostrate at the feet of the greatest of the Plantagenets, who, having penetrated as far north as Elgin, in 1296 retired south from Berwick, leaving Cressingham as Treas- urer, Warren Earl of Surrey, Guardian ; and Ormsby, Justiciar of Scotland. Who now dare stand forth and strike a blow in the cause of Scottish rights and liberties ! ! "The Wallaces had come north with the Fitz Alans, and the younger son of Sir Malcolm Wallace of Elderslie in Renfrewshire Tllb: FAMILY OF IIAY. 13 was not a man to endure insult, and it is said at Lanark liis wife had been killed in a brutal manner by the English." A lion was then aroused, and Wallace slew the English slieriff Ilazelrig, responding to the call of VVishart and the Steward to lead the Celts in an effort to drive out the hated English. It was a revolt of "the people." Edward was on the continent and the Scots' rising spread. ( )n 11 Sept. 1297, Wallace, at the head of 40,000 men, fought a liattlc at Stirling Bridge, in which the English were defeated with great slaughter, Cressinghani slain, and Warren driven to Berwick. For the ensuing seven years followed a struggle between Scot- land and Edward, in which was much changing of sides by the nobles, but throughout it all Sir William Wallace was inflexible. In this interval was fought the Battle of Falkirk, 22 July 1298. Stirling Castle, bravely defended by Sir William Oliphant, fell in 1304. and Wallace, a fugitive, was finally taken near Glasgow, it is said, through the treachery of the second son of Walter Stewart, Sir John ]\Ienteith. Wallace was beheaded, drawn, and quartered, 23 August, 1305, and his limbs exposed at Berwick, New Castle, Stirling, and Perth, but his name had been written imperishable in Scotland's history, in romance, and in tradition, to shine with undimmed lustre through all time to come, as that of an uncompromising martyr to love of country and victim to English tyranny. *Robert Bruce the Younger held many English estates in pos- session, for which he owed fealty to the English sovereign. He was, likewise. Lord of .-\nnandale and Earl of Carrick, estates that lay in Southwest Scotland. The following tables show that flowing in his veins was the blood of a long line of Norman ancestors, mingled with tliat of the Gael, the Sa.xon, and the Dane, by virtue of descent from Kenneth Macalpin. Aelfred the Great, Earl Siwald. and William the Conqueror by ^Matilda of Flanders, whose lineage later will be traced to Henry the Great Prince of Saxony, and the Emperor Charlemagne. I. *Sir Robert de Brus, a noble Norman, accompanied William the Conquerer to England and acquired ninety-four lordships in the county of York alone. He married as his second wife Agnes Anand, a great Scotch heiress, by whom he obtained the Lord- ship of Annandale. 14 THE FAMILY OF HAY 2. *Robert de Brus, their son, married and left issue: — 3. *WiIliam de Brus, who married and left a son : — 4. *Robert de Brus, who married the Lady Isabel, dau. of Prince David, Earl of Huntingdon by his wife Maud, dau. of Hugh, Earl of Chester. David, Earl of Huntingdon, was grandson of King Malcolm Cawnmohr and the Saxon Princess Margaret, dau. of Aedward the Aetheling, in direct line of descent from Aelfred the Great; David was descended from Kenneth Macalpin and the Scoto-Celtic kings. They had a son : — 5. *Robert de Brus, Lord of Annandale, Contestant for the Crown, m. 1st. Isabel, dau. of Gilbert de Clare, Earl of Gloucester; and m. 2d. a daughter of the Earl of Carrick, by whom among other children a son : — 6. *Robert de Brus, Earl of Carrick, b. 1245, m. Marjorie, dau. Niel, Earl of Carrick, A. D. 1271, by whom among other children : — 7. *Robert the Bruce, Earl of Carrick, who became King Robert I. SItttpagf nf Mnuh. mljn marmJi lamb nf ^unttngbon 1. *Maud, sister of Hugh Lupus, m. Ralph de Meschines, and had a son. 2. *Ranulph de Meschines, Viscount of Bayeux in Normandy, had conferred upon him by King Henry I., on the death of his cousin Richard de Abrinan, the earldom of Chester — he was also Earl of Cumberland and Carlisle — and married Lucia, widow of Roger de Romara, Earl of Lincoln, and daughter of Algar, Earl of Mercia. 3. *Ranulph de Meschines, their son, was born in Gernon Castle, Normandy, and was Earl of Chester, marrying Maud, daughter of Robert, Earl of Gloucester, son of King Henry I. of England, by whom, 4. *Hugh, Earl of Chester, their son, married Bertrad, daughter of Simon, Earl of Evereux in Normandy. 5. *Maud, their daughter, married David, Earl of Huntingdon; these were the great-grandparents of King Robert the Bruce. (It will be later shown the lawful ancestor of Colonel Hay.) ^Robert Bruce, owing fealty to the English sovereigns, had rendered important service to Edward I., who had decided ad- versely to his father's claims. The Scottish clergy were ever hostile to the subordination of ecclesiastical Scotland to ecclesiastical England, and during the siege of Stirling, a "band" was made between Bruce and Lam- berton, Bishop of St. Andrews, looking to Bruce's elevation to the throne. THE FAMILY OF HAY 15 In the nicautinic ICdward had organized liis Scottish kingdom, appointing his nephew John of Hrittany as Viceroy, and summon- ing the Scotch nobles to his parhament. A combination was formed in 1306 to place Bruce on the throne of Scotlaiul. In its way stood John Comyn, son of the contestant, who was unwilling to join the revolt, and — it is said — kopt Edward inforuKil in the details of the intrigue. During an interview with Bruce in the Church of the Minorite Friars at Dumfries, Bruce slew "The Red Comyn," and by this murrlerous deed was transformed from the vacillating follower of Edward to the, thenceforth, patient and dauntless defender of Scottish liberties and his own claims to the crown ; never again to abandon the cause he now espoused, but carry it to a triumphant conclusion, after enduring trials and in the face of difficulties that might well appall the most determined resolution. When Edward heard of the murder of Comyn, and that Bruce had been crowned at Scone by aid of the Countess of Buchan of the traditional house of MacdufT (but not seated on the "Stone of Destiny," which had been transported to England), he swore vengeance against indomitable Scotland and prepared to return once again, and bring to the block the heads of all who had dared befriend the cause of liberty. Having knighted three hundred young gentlemen at West- minster desirous of winning their spurs, he marched north with an army to pour out the vials of his wrath upon the devoted heads of the irrepressible Scots. Robert Bruce now revealed that noble manhood of his nature hitherto dormant and unsuspected. His faithful friends, in this period of darkness, were James, brother of *Sir W'illiam Douglas, who, taken captive at Berwick, had died in an English dungeon ; Gilbert Hay, Lord of Erroll ; Thomas Randolph, Lennox, Athol (to die on a gibbet), Somerville of Carnwarth, and a brother of *Simon Eraser. Aymer de \^alence. as forerunner of Edward, had led his forces to Perth. Bruce challenged him to come forth to combat. "On the morrow," he replied, "I will fight, but not today." Accepting this assurance in good faith, the Scots went into bivouac, scattering for the day. Aymer sallied forth unexpectedly, and, suddenl}- falling upon them, despite the heroic efforts of Bruce i6 THE FAMILY OF HAY and Seton (lated taken and hanged), Randolph, and many other nobles were captured, and the Battle of Methven was lost to Bruce. Many cruel executions of the Scotch nobles followed, and the patriot Simon Fraser's head was placed beside that of Wallace. Then shone resplendent the grand qualities of *Robert Bruce. A refugee, his cause desperate, his wife given up to the English by the Earl of Ross, his daughter and sister in Edward's power, he wanders with a few faithful friends in the wilds of Western Scotland, cheering them by reading aloud adventurous tales of the knights of the olden time, encouraging them by his personal prowess and lion heart, to endure immortal on the Douglas shield. With "The Gentle James" and Gilbert Hay for companions, he crosses Loch Lomond, and befriended by Angus Og of Isla, finally escapes to Rathlin, an island on the Irish coast, where he is reanimated to renewed effort by "the spider and his web." "From Rathlin Douglas makes a foray on Arran, and Bruce soon follows, Douglas and Boyd responding to three blasts of his horn. Hence he looks longingly across to his own lands of Car- rick, in Percy's hands, sending Cuthbert over to light a beacon if all be well." By some strange chance, the beacon is lighted by another hand, and Bruce crosses to confront new dangers, from which he escapes by his wonderful genius, undaunted courage, and great strength and energy. His brothers Thomas and Alexander are taken by Dougal Macdowal of Galloway, carried to Edward at Carlisle and hanged. Nigel had been already beheaded, and the future looked dark and hopeless. In Galloway Bruce was soon surrounded on all sides by human sleuth-hounds, vying with his own bloodhound to run him down. It was now that Douglas, stealing to his own lands, "wrought the massacre of 'the Douglas Larder,' " making the reputation of "Castle Dangerous," where fair ladies were wont to test the cour- age of their suitors. A gleam of light shone through the darkness on the lo May 1307, when — reversing their attitudes at Methven — Bruce won the victory of Loudon Hill, where Aymer, having challenged Bruce to an open fight, was defeated. Edward, enraged, advanced, but died at Burgh-on-Sands, with Scotland full in sight, with his last breath bequeathing to his son, as a legacy, the conquest of Bruce and Scotland. THE FA.MIL\' ()!• [[.\\ 17 Through hitter trials ])aticiitly borne, by dauntless courage -exhibited in every extremity of peril, excommunicated by the Pope, and an object of jealousy to the other Scottish nobles, be- leaguered on all sides b\' treacherous friends and open foes, having lost three brothers at the block, Bruce is winning the admiration and confidence of a large part of Scotland. His success at Loudon, the cruelty of the English executions, and the opportune death of Edward I. eiieourai^ed tliein (ii)eiily to proclaim allegiance to this descentlant nf Havid of 1 liintingdon, of the race of Macalpin. Tlie tide hatl turned, and JJrucc has expiated tliat hasty deed of sudden passion at Clray I'riars. Like David of old, he had sinned ; like David had repented ; and who dare say that, unlike David, he was not forgiven by a God. who first ordained, as an expiation, so much of hardship and suffering. In this sketch, the events in the life of Bruce in his days of prosperity must of necessity be touched upon but lightly. Gradually the strong places are won back from the English, and their defences destroyed to prevent reoccupation by the enemy. Through the prowess of Randolph and I^ouglas, bravery of Edward and commanding genius of Robert Bruce, the English are at length driven from their Scotch strongholds, and Stirling Castle agrees to surrender at the end of a year unless rescue is given in that period. These terms appealing to the chivalrous pride of England to send assistance, and to Scotland to prevent it from reaching Stirling, led to Bruce's great victory of Bannockburn. in which Edward II. and 100.000 of England's best warriors were rolled back in bloody defeat. On the issue of this battle — nay, on the swing of Bruce's battle axe on the eve of the great battle — hung the fate of Scot- land. The result welded the disafifectcd, seating Bruce firmly on the throne, and the Queen and her husband were no longer as "little children playing at being king and queen." Bruce's confiscations of those refusing to come into his peace, wdiile it enriched his friends, among whom were *Randolph, Douglas, *Sir Christopher Seton, Sir Andrew ]\Iurray (son of Wallace's comrade and later Regent), the Hays, the *Steward, *Sinclairs, *Gordons. * Flemings, and others, yet it created a party of disaffected nobles, who in the later reigns of David Bruce, i8 THE FAMILY OF HAY banded together and espoused the cause of Edward BaHol. Per- haps it had been wiser had measures less harsh than confiscation been adopted — but such was the pohcy of the age. A treaty with Edward HI. was concluded at Northampton, 4 May 1328, in which was arranged the marriage of David Bruce, then five years old, to Joanna, a maid of seven years, the sister of King Edward ; of this union there were no surviving children. The great *King Robert died in his fifty-fifth year, 7 June 1329, and his body was buried at Dunfermline under a marble tomb brought from Paris. His heart was carried to the Holy- land by his friend James Douglas to expiate the death of Comyn, and later deposited at Melrose Abbey ; on the passage there or back, Douglas was slain by the Saracens in Spain in a chivalrous at- tempt to aid in expelling them from that country. Bruce had married first the Lady Isabella, daughter of Donald,, loth Earl of Marr, and was succeeded by their son David. The reign of David II. was begun 1329 and ended Feb. 1370-I, when he died in Edinburgh Castle. Unlike King Robert I., Robert II., and Robert HI., he was not an ancestor of Colonel Hay, and we shall hasten over the events of his degenerate reign, presenting only what is required to give coherency to this historical recapitulation. While yet a child, for safety, he was sent to France, and a regency established, administered by Andrew ]\Iurray, by Randolph, and the Steward. Then followed an unhappy struggle between the national party of Scottish nobles, resisting the party of disin- herited nobles banded with Edward Baliol and aided by King Edward HI. At length, Baliol's adherents quarreling among themselves, David, at the age of eighteen years, landed in Scotland to strike a blow for possession of his kingdom. He was not wanting in personal bravery. The Battle of Durham, or Neville's Cross, was fought 17 Oct. 1346, where the best blood of Scotland was sacrificed. Among those who fell thick around their king were Moray, the last male heir of Randolph; Hay, the High Constable of Scotland; Keith, the Marichal ; Charteris, and thirty others ; March and the Steward escaped unhurt, while King David, William Douglas the Knight of THE FAMILY OF HAY 19 Liddesdale, Fife, and Mcntcith were taken and the last cruelly executed. The capture of David was the culmination of Scotland's mis- fortunes ; for his ransom, fixed at 100,000 merks, was to prove a grevious burden ui)on his country. While at the English Court a prisoner, he practical!)- resigned his kingdom to Edward HI., agree- ing to recognize him as feudal lord, and promising to fix the Scot- tish succession upon Prince Lionel, should he have no issue. While David was in captivity the Steward (later Robert II.) was regent, and William Douglas (son of Archibald), returning from France, drove the English out of Douglasdale and Ettrick, and Copeland, the captor of David, out of Teviotdale ; and a little later he slew the Knight of Liddesdale in Ettrick Forest — a deed probably justified if the ballad commemorating the event be true. During this reign *Sir Alexander Ramsay of Dalhousie, one of Scotland's bravest patriots, had gone to the rescue of "Blach Agnes," daughter of Thomas Randolph and wife of Patrick Dun- bar, Earl of ]\Iarch, who, in the absence of her husband, was suc- cessfully conducting the defence of Dunbar Castle against the English under Salisbury. "Agnes' love-shafts go straight to the heart," remarked Salis- bury as an English knight fell beside him pierced by an arrow sent from the castle, while the "chatellaine," in plain view, walked the parapet, and with her handkerchief contemptuously "flecked" the dust from the spots where fell the English missiles. Sir Alexander also stormed Roxburgh Castle, and received in reward the Sheriffdom of Teviotdale, formerly held by William Douglas, Knight of Liddesdale. The Knight of Liddesdale in revenge seized his former friend while holding court, threw him across a horse and bore him to "The Castle Hermitage," cast him into a dungeon, and starved him to death. It is related that the noble prisoner existed seventeen days on grain that sifted through cracks in the ceiling overhead — the floor of a room used as a granary. Perhaps Lord Douglas had this in mind — as well as his private quarrel — when he took the life of his kinsman of the same name, styled "The Flower of Chivalry." — (Lord William of Douglasdale slaying Sir William of Liddesdale.) 20 THE FAMILY OF HAY David was finally permitted to return to Scotland by Edward and dispossess Edward Baliol of the crown. The remainder of this reign was one of strife among the nobles, border wars and efforts to discharge the ransom of the king. In 1 370-1 David died in Edinburgh Castle, leaving upon Scotland the burden of about 45,000 merks indebtedness to England of unpaid ransom. The taste of individual power enjoyed by the nobles during David's long captivity was destined to linger and give trouble to his successors, down to the period of James IV. David left no children and was succeeded by his nephew, *John Stewart, son of *Marjorie Bruce, by her husband, *Walter the Steward. John changed his name to Robert, as Baliol had brought the name of John into disrepute. In 1332 Edward Baliol, supported by the nobles disinherited by Robert Bruce, taking ad- vantage of David's youth and absence from Scotland, had preferred his claim to the throne. He began his career with the promise of brilliant success, winning against odds the Battle of Duplin, in which the Regent *Donald, 12th Earl of Mar, was slain. Later, King, he was driven from the throne by David and his adherents, and passing into England, ended his days fishing for pike, probably deriving more enjoyment from this innocent sport than when bearing the weight of a crown and surrounded by turbu- lent subjects, all of whom he could not please, and many regarding him as an interloper. Yet, by descent, the claims of this royal fish- erman to the Scottish crown were superior to those of the Bruce and his descendants. • The succession to the throne of Scotland had been secured by act of Parliament to Robert, son of Marjory Bruce and Walter the Steward, whose first and third wives were Alice, daughter of Sir John Erskine of Erskine, and Isabella Graham. By his marriage with Alice, Walter Stewart had three sons and one daughter ; the eldest son, Sir John Stewart of Railston, left two sons and three daughters — Marjory, Egidia and Margaret. Margaret married, 1388, Sir John Hay of Boyne and Enzie in Banff and of Tullibdy in Clack mannan, receiving a dowry of 100 marks from her uncle. King Robert II. Their daughter, Egidia, became the wife of Alexander, Earl of Huntly, the founder of the Seton family. (The foregoing information is furnished by Mr. George Bain and by The Lord Lyon of Scotland.) THE FAMILY OF HAY 21 *RobcTt H. had many children by *Ehzabcth Mure, whom he married in 1349, and after her decease married, second, Euphcme Ross. The Earl of Atholl, living in the reign of James I., was descended from tlie last marriage, while Robert HI. and almost all the crown heads of Europe spring from the first wife. Robert gave his daughter Isabel in marriage to James, 2d Earl of Douglas, the hero of Otterburne, brother to *George, ist Earl of Angus, to whom Robert III. gave his daughter Mary for wife. (Ancestors of Colonel Hay.) Ascending the throne at middle age, Robert was a lover of peace, yet his warlike nobles waged continual border warfare on the Marches of the tw'O kingdoms; at one time Richard II., invading Scotland in retaliation, advanced into Aberdeenshire. On the 14th of August, 1388, was fought by moonlight, near Alnwick, the Battle of Otterburne, celebrated in Scotch ballads. The Scots were led by James, 2d Earl of Douglas, the King's son- in-law. Warden of the eastern jVIarches, who fell in the fight and was found dying by James Lindsay, *John Sinclair, and his brother Walter. "How fares it with you, cousin?" asked John Sinclair. "Ill," replied the dying Earl. "Few of my fathers died in their beds; raise my banner and cry, 'Douglas!' and tell not where I am to friend or foe." The Scots rallied to the cry, and although far outnumbered by the English, the Percies were taken, and "a dead Douglas won the field." These border forays were generally in the nature of tournays of chivalry, conducted without bitterness, and the prisoners ad- mitted to light ransom. If death came, it was the warrior's for- tune to go to his last sleep on the battle field, and not in his bed, as an old woman. The politician of this reign was Robert's second son, the Duke of Albany and Earl of Fife, fated to cast the shadow of his in- fluence over the succeeding reign. Worn by years of responsibility and toil before he came to the throne, as Regent of Scotland during the captivity of his uncle in England. *Robert II. died in 1390, having reigned twenty years as king, and was succeeded by his eldest son, Robert. 22 THE FAMILY OF HAY The good King Robert HI. began his reign 14 August 1390, and died 4 April 1406 — reigning about sixteen years. The hereditary tragedies of the Stewart kings were inaugurated during this reign in the sad death of Prince David, Duke of Roth- esay, the King's eldest born. He was wild and wilful, but brave and generous. Mutual jealousy existed between his uncle Albany and himself — and strife. The King, having received an injury from a horse in early life, was incapacitated from a life of activity, and found it necessary to delegate a portion of his royal duties. By act of Parliament Rothesay was made "Lieutenant of Scot- land" for three years, and at the end of that period, for some prank, his father was persuaded by Albany to place him in tem- porary restraint. He was arrested on the St. Andrews Links, warded in the Bishop's Castle, hurried to Falkland in a storm, and there mysteriously met his death, as related in "The Fair Maid of Perth." Albany stands accused by historians for the murder of his nephew, but while circumstantial evidence points strongly to his guilt, yet direct proof is wanting. Not long after this the King's second son, James, was sent to France — perhaps his father was afraid of ambitious Albany — but on the way was taken prisoner by England, Scott says in time of truce between the nations. The double blow broke King Robert's heart, who, on the 4th of April, 1406, was removed by death from evils which he was not strong enough to control, and amid which he was too good to dwell in happiness. During this reign, in 1396, occurred the celebrated clan fight of thirty against thirty, an account of which is given later in this work. Also Elgin Cathedral was burned by Alexander Stewart, "The Wolf of Badenoch" — the King's mad half-brother. He was the father of Alexander Stewart, Earl of Mar, who, in 1408, com- manded the lowland nobles at the Battle of Harlaw, where the hordes of Highlanders, under Donald of The Isles, were halted in an attempt to sack Aberdeen and overrun the lowlands; this may be accepted as atonement by the son for the father's act in 1398. In the border wars of Robert's reign, the Earl of Northumber- land and Hotspur won the battle at Nisbet Moor in the Merse, followed a few days later by Homildon Hill, where Douglas and THE FAMILY OF HAY 23 Murdoch, Albany's son, were defeated with great slaughter while leading an army of 10,000 men, who were victims to England's crossbows. In this border battle the chivalrous *Sir Adam Gordon seeing Sir John Swinton, with whom he was at deadly feud, about to lead a hopeless charge with a handful of cavalry, in admiration for his valor bogged to be reconciled aiul to receive from his hand the accolade of Knighthood, and rode with him to death. The Percies, wardens of the Marches, were victors, but in- censed because forbidden by Henry IV. to ransom their prisoners, after tlie custom of border warfare, they rebelled. Not long after, at the Battle of Shrewsbury, in which Prince Henry, Percy and Douglas had displayed heroic valor, Hotspur was slain and Douglas taken captive. Having traced the history of Scotland from Colonel Hay's first royal ancestor to his last — from *Fergus the Dalriad, who came over to Cantyre in 503, to *Robert III., who died in 1406, covering a period of nine hundred years — this historical review is brought to a close. It will now be shown how the names marked in the First Part with an asterisk are the names of progenitors of Colonel Ann Hawkes H.iy, and his descent will be brought down from William de Haya, who accompanied Duke William of Normandy to England in 1066. PART II JfirHt (feneration Ukhm^iSUjmi IILLIAM DE LA HAY is mentioned in local his- ^^TT T^ tory as having been cup-bearer to Malcolm IV. and ^ V A/ ^ William the Lion, whose reigns extended over the ^ ^ period 1153 to 1214 — sixty-one years. ^^^^^M^§ He married Julianne de Soulis, daughter of Ranulph (Randolph) de Soulis, Lord of Liddes- dale and Castle Hermitage. It is probable that Ranulph was de- scended from Count de Seulis, maternal uncle of Richard the Fear- less, Duke of Normandy, great-grandfather of William the Con- queror. The origin of the ennobling of the family of Hay is thus told by Boethius and other early historians of Scotland. The tradition is taken from "A Genealogical Deduction of the Family of Kilravock or Rose — written by Mr. Hew Rose, Minister of Nairne 1683, and completed by the Rev. Lachlan Shaw, Min- ister of Elgin in 1753, with Illustrative Documents from the Fam- ily Charter Room," printed under the auspices of "The Spalding Club of Aberdeen" in 1848, at a time when its president was the Earl of Aberdeen, K. T. ; and vice-presidents, the Duke of Rich- mond, K. G. ; Duke of Sutherland, K. G. ; Earl of Airlie ; Earl of Seafield ; Lord Saltoun, etc. "I doubte not that the original! and antiquitie of this familie is as clearly demonstrable from undoubted historie as anie in the nation; for all of our histiographers write of the Battel! of Loncartie, and never write of that without giving the original! of the famiiie. Anno 984, or therabout, and in the reigne of Kenneth III, the Danes invade Scotland; the Scots fight them at Loncartie (not far from Perth) and are put to flight. But a countrie man named HAY with his two sons being at their labour in the field, did with the yoaks of their oxen stop the flying Scots at a narrow passage, forcing them not only to return upon 24 THE I'AAllLV Ui' HAY 25 the Danes, but also entering with their homilic weapons amongst the thickest of the enemies. By their valour and encouraging example tlie Danes were put to flight and Scotland preserved from slaverie. In reward of such signallie good service, the King giving him several options, he accepted of what lands a falcon Icttcn flic, should fly over be- fore she alighted, whicli were the lands of Erroll and others very con- siderable, which were enjoyed by his descendants, till sold off in the min- oritie of Gilbert, late Earl of Erroll, having continued in the familie near seven liundred years." The account continues: — "The first HAY may match any of the heroes. After his glorious achievement, when King and subjects heaped praises upon him deservedly, he was not elated but carried moderately and soberlie, refusing to be gorgeously attired, but marching with his sons bearing their yoaks befoure the King to St. Johnstoune. His courage, his modest composednes after so much glorie, show that he was probably noblie descended. I am sure they prouve he was of noble spirit, as fitt stem for such a brave descent who have frequentlie been pillars of their prince and native countrie. Of this noble familie was that Sir Gilbert Hay who when King Robert Bruce was at tlic lowest, and the whole nation, yet never deserted the person of his king in all his fortunes, attending him in his lurking places when not owned by anic, still waiting for opportunie to act for his oppressed prince and countrie then appearing to breathe their last. So that if Alexander the Great could say of his friends that Clytus loved the King, and Hephistion Alexander, it may be trulie said that this noble gentleman was to King Robert Bruce both Hephistion and Clytus. This Sir Gilbert Hay (as he well deserved) was created, by Robert Bruce, Lord High Constable of Scotland, which office was not only honour- able but of eminent authoritie and advantage whilst our kings resided in Scotland, and is yet a very great jurisdiction while Parliament is sitting; besydes that tlierebye the Earls of Erroll are still counsellors as it were by birthright, without particular commissions. To this Sir Gilbert, King Robert gave the half of the whole estate belonging to the Earl of Buchan, of the surname of Cuming, which was great, and makes now a considerable part of the patromonie of the familie of Erroll. Wiliam, Lord Hay, Constable of Scotland, with his whole kindred and the Southern nobilitie (through the contrivance of Andrew Murray of Tulli- bardin) were cut off at Duplin 1332, and at that time the whole name of Hay had been extinct, if the said Wiliam and other kinsmen's wives had not given posthumous birth to boys who restored the race." The following account of the origin of the name is attribtited by James Taylor, M. A., D. D., F. S. A., author of "The Great Historic Families of Scotland," to Mr. Hay Allan, who rests it upon the authority of a manuscript "History of the Hays": — "MacGaradh is the ancient name of the Hays. It is of genuine Gaelic origin, and was given first to the family in allusion to the celebrated action 26 THE FAMILY OF HAY by which the first Hay raised himself from obscurity. It is very expressive of the circumstances. Its literal signification is a dyke, or barrier, and was given to the ancestor of the Hays for his conduct at the Battle of Luncarty, where he stood between the fleeing Scots and the victorious Danes like a wall of defence. "Surnames did not come into use in England until the time of the Conqueror, and into Scotland a little subsequently. That of Garadh was given to the ancestor of the Hays about one hundred and fifty years before this, and had not been retained by his descendants as an individual designa- tion, but as the name of the whole race, as Clann na Garadh, and par- ticularly as the patronymic of the chief who was designated Mac Mhic Garadh Mor an Sgithan Deang, the son of the son of Garadh of the red shields. ****** In the reign of Mac Beath there were two brothers of the direct descendants of Garadh, and during the trouble of that tyrant's usurpation, the younger, 'being right bauld and stalwart of heart,' went into Normandy, where he married the daughter and heiress of one of the barons of the dukedom. ****** jjg assumed the name of De la Haye, which is a sufficiently literal translation of Garadh, the first signifying hedge or fence, the latter dyke or barrier. "In the reign of Malcolm Bean Mor, the son of the first De la Haye, was one of the warriors who accompanied William of Normandy into England. Some time after the Conquest, he made a journey into Scotland to visit his uncle, the chief of the Clan na Garadh, then grown to an ad- vanced age and without children. During his visit the old chief died, and there being no other heir, De la Haye was declared his successor, residing in Scotland. The name became hereditary to the descendants of Garadh and the old appelation dropped into oblivion." Sir Lewis John Erroll Hay, Bart., sent the writer the follow- ing verses, commenting as follows :— t "Copied out of an odd leaf pasted in an old MS. history of the Hays. It is composed in imitation of a Highland Pibroch. The two long stanzas of 'The Gathering' are said to be of consid- erable antiquity. Of the first there is a version in Gaelic. The second is not older than 1646, for Hay of Yester did not receive the title of Tweeddale until that period. The rest of 'The Gather- ing' is said to have been written by Captain James Hay in 171 5." The slogan of the Hays was "Hollen MacGaradh." The Gathering of The Hays. "MacGaradh, MacGaradh, red race of the Tay, Ho gather! Ho gather! like hawks to the prey; MacGaradh, MacGaradh, MacGaradh come fast, The flame's on the beacon, the horn's on the blast, The standard of Erroll unfurls its white breast THE FAMILY OF HAY And the Falcon of Luncartie stirs in her nest; Come away, come away, come to the tryst I Come in, MacGaradh, from cast and from west. MacGaradh, MacGaradh, MacGaradh, come forth, Come from your bowers from south and from north, Come in all Gowrie, Kinnoul, and Tweeddale, Druniclyior and Naughton, come locked in your mail; Come Stuart! Come Stuart! set up your white rose, Killour and Buccleugh, bring your bills and your bows; Come in, MacGaradh, come armed for the fray, For wide is the war-cry, and dark is the day. Quick March. "The Hay, the Hay, the Hay, the Hay! MacGaradh is coming, give way, give way. The Hay, the Hay, the Hay, the Hay! MacGaradh is coming, hurra ! MacGaradh is coming like beam of war, The blood-red shields are glinting far. The Stuart is up, his banner white, Is flung to the breeze like flash of light; Dark as the mountain's heather wave The 'Rose' and the 'Misle' are coming brave, Bright as tlie sun which gilds its thread King James's tartan is flashing red, — Upon them, MacGaradh ! bil^ and- bow ! Cry, HoUcn MacGaradh, Hollen, HollenT \ Charge. "MacGaradh is coming like stream from the hill, MacGaradh is coming lance, claymore, and bill; Like thunder's wild rattle is mingled the battle With cry of the falling, and shout of the charge — The lances are flashing, the claymores are clashing. And ringing the arrows on buckler and targe. Battle. "MacGaradh is coming, the banners are shaking. The war tide is turning, the phalanx is breaking. The Southrons are flying, 'St. George!' vainly crying, And Brunswick's white horse on the field is borne down, The red Cross is shattered, the red roses scattered. And bloody and torn, the white plume in its crown. Pursuit. "Far shows the dark field like the streams of Cairn Gorm, Wild, broken, and red in the skirt of the storm — Give the spur to the steed, give the war-cry, it's 'Hollen,' Cast loose to wild speed, shake the bridle and follen, The rout's in the battle like blast in the cloud. 28 THE FAMILY OF HAY The flight's mingled rattle peals thickly and loud, Then 'Hollen, MacGaradh !' 'Hollen, MacGaradh!' 'Hollen-Hollen-Hollen, MacGaradh !' " Hay and his two sons who arrested the fleeing Scots at Lon- carty have been immortahzed by Shakespeare in the drama of "Cymbehne," where they are introduced as BelHsarius, a banished lord in disguise, and Guiderius and Arviragus, supposed to be sons of Bellisarius, but really the sons of King Cymbeline. The battle is lost, the Britons (Scots) are fleeing, when enter Bellisarius and his sons : — Bellisarius — "Stand, stand ! We have the advantage Of the ground ; The lane is guarded ; nothing routs us But the villainy of our fears. Guiderius — Arviragus — Stand, stand ! And fight ! Posthumus relates as follows what then took place: — Posthumus — "The army broken And but the backs of Scots seen, all flying Through a straight lane ; the enemy full hearted Lolling the tongue with slaughtering, having work More plentiful than tools to do't, struck down Some mortally, some slightly touch'd, some falling Merely through fear ; that the straight pass was damm'd With dead men hurt behind, and cowards living To die with lengthen'd shame — Lord — Where was this lane? Post. — Close by the battle, ditch'd, and wall'd with turf; Which gave advantage to an ancient soldier — An honest one I warrant ; who deserv'd So long a breeding as his white beard came to, In doing this for's country. Athwart the lane He, with two striplings — lads more like to run The country base than to commit such slaughter; With faces fit for masks, or rather fairer Than those for preservation cas'd, or shame — Made good the passage; cried to those that fled; 'Our (Scotland's) harts die flying, not our men: To darkness ! fleet souls that flie backwards. Stand! or we are (Danes), and will give you that Like beasts that you shun beastly, and may save But to look back in frown — Stand ! Stand !' These three, three thousand confident, in act as many — THE FAMILY OF HAY. 29 For three performers are the file when all the rest do Nothing, — with this word 'Stand, stand,' Accommodated by the place, more cliarming With their own nobleness, which could have turn'd A distaff to a lance, gilded pale looks. Part shame, part spirit rcnew'd ; that some tiirn'd coward Bnt by example, — O, a sin in war, damm'd in the first Beginners! — 'gan to look the way they did. And grin like lions upon the pikes of hunters. Then began A stop i' the chaser, a retire ; anon A rout, confusion thick : forthwith they fly Chichens, the way which they stoop'd eagles ; slaves The strides they victors made : and now our cowards Like fragments in hard voyages, became The life o' tlie need ; having found the back door open Of the unguarded hearts, heavens! how they wound! Some slain before, some dying, some their friends O'er-borne i' the former wave : ten chas'd by one Are now each one the slaughter man of twenty : Those that would die or ere resist are grown The mortal bugs of the field. Xord — This was strange chance: A narrow lane, an old man, and two boys ? Post. — Nay, do not wonder at it : you have made Rather to wonder at the things you hear Than to work any; will you rhyme upon't And vent it for a mockery? here is one: "Two boys, an old man twice a boy, a lane Preserv'd the (Scots) and was the (Danish) bane." (Note: — In the above extract, "Scot" and "Dane" have been substituted for "Briton" and "Roman" — restitution for Shake- -speare's robbery.) The name in Scotland now emerges from the mists of tradi- tion and enters a period illuminated by the light of historical re- search. Mr. Taylor in his book, "The Great Historic Families of Scotland," says : — "The Hays are a branch of the Norman family of de Haya. * ♦ * * ♦ * * * Their armorial bearings are the same as those borne by the families of the name in Italy, France, and England. A Sieur de la Haya accompanied William the Conqueror to England in 1066. A William de la Haya, who married the daughter of Ranulph de Soulis, Lord of Liddesdale, was cup-bearer to Malcolm IV., about the middle of the twelfth century, and to his brother William the Lion, who bestowed on h'm the lands of Erroll." 30 THE FAMILY OF HAY This William de la Haya was, no doubt, the son or grandson of the Sieur de la Haya, who came to England with Duke William, who had found his way to Scotland, the land of his ancestors, as told by Mr. Hay Allan. He died in the year 1170, and left by his wife Julianne de Soulis the following three sons : — i. SIR WILLIAM DE LA HAY, LORD OF ERROLL, whose history follows. ii. Robert de Hay, from whom descend the seven Lords of Yester, created 1488, the title then changing 1646 to Earl of Tweeddale, and in 1694 changed to that of Marquis of Tweeddale. iii. Peter de la Hay, living in 1196. ^econb (feneration |IR WILLIAM DE LA HAY, LORD OF ERROLL, was the eldest son of William de la Hay, the Cup- bearer. He was living in 1160. He was a courtier of William the Lion, and became one of the hostages for payment of his ransom. He went on a special mission to King John of England, and returned with King William to the north. Mr. Bain writes in his "History of Nairnshire": — "Amongst the great nobles at the court when King William was in Moray was William de Hay. He is a signatory to some five different charters granted by the King and recorded in the Chartulary of Moray. The King had in his gift the lands of Auldearn, and it is extremely probable that the Sir William de la Hay so frequently mentioned in the charters of the period received the grant of the lands of Lochloy at this time, in addition to his possessions elsewdiere." He died in 1199, and left issue by his spouse Eva de Petenalin, a wealthy heiress, the following six children : — 1. ii. V. V. vi. Sir David de la Hay, of whom later. William de la Hay. John de la Hay, from whom descend the Hays of Naughton. Thomas de la Hay. Robert de la Hay. Nicholas de la Hay, Cfjirli ^tntxation |IR DAVID DE LA HAY, LORD OF ERROLL^ S^ was the eldest son of Sir William de la Hay by his ^ wife Eva de Petenalin. In 1188-99, he had charters ^ ^ to hold the Lands of Erroll "as freely as his father ^^^^^ had held them." He married Helen, daughter of Gil- bert, 3d Earl of Strathearn, by his wife, the Count- ess Matilda, daughter of William D'Aubigny, Earl of Albemarle. Earl&om of iS'tratlyrarn 1. Malisius, Earl of Strathearn, testibus in the foundation charter of the monastary of Scone by King Alexander I., anno 11 15; was at the battle of the Standard, anno 1138. 2. Ferquhard, second earl, was at Perth with Malcolm IV. (Fordun,. vol. i, p. 1153, 450). He left two sons: Gilbert; and Malise,. who is designed in the foundation charter of Inchafifray "Frater Gilbert!, Comites de Strathearn," anno 1198. 3. Gilbert, third earl, married Maude or Matilda, daughter of Wil- liam D'Aubigny, Earl of Albemarle, and had five sons and twa daughters : — i. Gilbert d.s.p. ; ii. William d.s.p. ; iii. Ferqu- hard d.s.p. ; iv. Robert, who became the heir ; v. Fergus, "frater Domini Roberti, Comites de Strathearn" ; vi. Christian^ married Sir Walter Oliphant; vii. Helen, married David de la Hay, Lord of Erroll. 4. Robert, 4th earl, witness to the charter of the whole earldom of Fife granted by Alexander H. to Malcolm, son of Earl Duncan. He d. ante 1244, leaving a son Malise, and three daughters : Annabella, m. to Sir David Graham ; Matilda, m. Malcolm^ Earl of Fife ; Lucia, m. Sir William Sinclair of Roslin. 5. Malise, sth earl, one of the guarantees of the truce in 1224 with England, m. Mary, daughter of Eugene of Ergada, relict of the King of Man. "Malisius Comes of Strathearn, viduam regis Mannise, filium Eugenii de Ergadia uxorem duxit," etc. — Fordun v. ii., p. 109. He died anno 1271, and was buried at Dunblane, and was suc- ceeded by Malise, his son. 32 THE FAMILY OF HAY 33 6. Maliso, Gtli carl, agrcL-d to tlio inarriaKc of the Princess Margaret, daughter of Alexander III,, uilli Eric of Norway A.D. 1281. And to the marriage of her daughter, the Maiden Queen, with Prince Edward of England in 1290. lie was one of Bruce's chosen arbiters in I2y2. lie m. Egidia, dau. of Alexander Cumyn, 2d Earl of Buchan, and left by her Malisc his heir, and Mary m. to Sir John Murray of Drumsargard, whose son after- ward became Earl of Strathcarn. 7. Malise, 7th earl, was an adherent of Robert Bruce. He signed the letter to the Pope in 1320, asserting the independence of Scotland. He appears to have been three times married, but left no male heir. His first wife, mother of the Countess Jo- hanna, was the daughter of Sir John Mentcith. His second wife, Marjorie, was daughter of "Robert do Muschamp." His third wife, according to Sir James Balfour, was Matilda, daughter and heiress of Magnus, Earl of Orkney and Caithness, by whom he had four daughters — of whom the first m. William, Earl of Ross, who had A.D. 1344, from Malise, a gift of the earldom of Caithness ; but this was not confirmed by David II. until 1362. Isabel, the second sister, m. Sir William Sinclair of Roslin. The third, "Matilda de Stratheren," m. Hugh of Arthe, and was mother of Alexander of Arthe. The fourth m. Reginald Cheyne, and was mother of Mariot Cheyne. These four daughters of Malise, Earl of Strathearn, inherited the earldoms of Orkney and Caithness, in right of their mother, daughter and heiress of Earl Magnus, untouched by their father's forfeiture. Sir Robert Gordon says : — "Malisius, Earl of Caithness, Orkney and Strathearn, gave the earldom of Caithness to Wil- liam, Earl of Ross, in marriage with his daughter Isabel, which was not conlirmed by Robert II. until 1362; Malise himself being attainted in 1343 by King David for giving the title of "Earl of Strathearn" to David's enemy, the Earl of Warrenne, who m. Johanna, Malise's daughter. It must have been Johanna's mother, and not -herself, who was implicated in the plot again against King Robert and condemned to perpetual imprison- ment, anno 1320. — Fordun vol. ii., p. 274. Mariot Cheyne had a fourth part of the earldom of Caithness, on her own resignation, and a charter of half the barony of Strabrock, as wife of the deceased John Douglas. Alexander of Arth, representative of the Earls of Strathearn, inherited and resigned the earldom of Caithness to Robert II. The Earldom of Strathearn, on the forfeiture of Malise, 7th earl, was conferred on his nephew Sir Maurice Moray, eldest son of Mary, his sister, m. to Sir John Moray of Drumsargard, 34 THE FAMILY OF HAY Lord of Clydesdale, who had joined the Steward at the siege of Perth in 1339, and had many charters from David II., and the ward of Walter Cumyn of Rowallan. 8. Mauritius, Comes de Strathearn by charter from David II., accom- panied King David into England, and was killed at the Battle of Durham in 1346, and having no issue, the earldom, which was left to him and his heirs male, returned to the Crown, he being succeeded in his other estates by his younger brother. Sir Alexander Moray of Abercairney. It remained in the Crown until it was erected into a County Palatine by King Robert II. in favor of his eldest son David, Rothesay, by his marriage to Eufame, dau. of Hugh, Earl of Ross. g. Prince David thus became Earl of Strathearn. He left an only child, the Lady Euphemia, designed "Comitessa Palitina de Strathearn," who m. Sir Patrick Graham, Lord of Kincardine and Dunduff. Sir James Dalrymple says: — "In the Chartulary of Inchaffray, Insula Missasarum, are many particulars concerning the Earls of Strathearn which have escaped genealogists." — Mrs. Cur^g ming Bruce, pp. 551-554- It has been seen that the monastary of Inchaffray was founded by Gilbert, 3d Earl of Strathearn, and his Countess Matilda, whose parentage is shown by the following extract from the charter: — "Ego Gilbertus, filius Ferquhardi, Comites de Strath- earn, et Ego, Matilda, filia Willelmus D'Aubigny," etc. Sir David de la Hay by his wife Helen, dau. of Gilbert, 3d Earl of Strathearn, and his Countess Matilda D'Aubigny, had sons : — i. Gilbert de la Hay, Lord of Erroll (vide immediately below). ii. Sir William de la Hay of Leys; his history follows presently in Section IV. Jfourtfj (feneration ilR WILLIAM DE LA HAY OF LEYS was the second son of David de la Hay, Lord of Erroll, by his wife Helen, youngest daughter of Gilbert, 3d Earl of Strathearn, by his countess Matilda, daugh- ter of William D'Aubigny, Earl of Albemarle. (Vide Burke and also "The Bruces and the Cumyns" p. 552, and Hist. Nairn.) "When the crisis arises in regard to the succession to the Scot- tish throne, William de la Hay exhibits his seal to the 'Letter of the Community of Scotland,' 1289. During the time the Guardians of Scotland administered the affairs of the nation, his son Sir John figures in the history of the period. When the claims of Bruce and Baliol were submitted to Edward, Bruce nominated William de la Hay as one of his Commissioners, and Dr. Taylor in his 'History of Edward I., in the North of Scotland,' states that this WiUiam de la Hay was the representative of the family of Hay of Lochloy in the County of Nairne. "In support of Robert Bruce the Elder, he joined the Scottish nobles at Dunbar, and was taken prisoner and sent to the Castle of Berkhampstead. He was soon liberated, however, and swore fealty to Edward, 28 August 1296, and came north with him. He was then appointed Sheriff of Inverness, and in that capacity he received the oaths of fealty of the principal officers in the North, amongst others that of William de Monte Alto, Sheriff of Dingwall. "Sir William dc la Hay was also appointed Warden of Ross, and was practically Governor of the North. So valiant a knight was too valuable an officer to be left in civil employment, and Edward summoned him to accompany him on an expedition to Flanders. He responded, and the payments made him for services in Flanders are recorded in the Exchequer Rolls. His son joined the patriotic party and adhered to Bruce and in 1304 one Oliver Avenal 35 36 THE FAMILY OF HAY petitioned Edward to give him the lands of John de le Hay in the County of Inverness, promised him in the late war. After the War of Independence, the Hays were reinstated in their lands in Inver- ness and Nairn." — Mr. Bain in Hist. Nairn, pp. 206-07. ^^ had two sons mentioned in contemporary history: — i. A son from whom descend Hay of Leys, ancestor to the Earls of Kinnoul created 1633, the two James Earls of Carlisle created Lord Sauley 1615, who m. Lucy Percy, dau. of the Earl of Northumberland, and many other Hays distinguished in the history of Scotland and England. ii. Sir John de la Hay, Lord of Tholybothil, whose history is given in Section V. Jftftf) feneration |1R JOHN DE LA HAY was the son of Sir William de la Hay of Leys. He adhered to the cause of Robert Bruce and mention is made in "The History of Nairnshire" that Edward I. was petitioned by Oliver Avenal to bestow upon him the promised lands of Sir John Hay. These lands were after- ward restored by King Robert the Bruce to the family. He is a witness to a charter of Alexander of Moravia. He married the daughter and heiress of Sir Andrew Eraser of Touch and Tulli- body, who in 1296 was Sheriff of Stirling. 3FraHrr The Frasers, like most of the other great Scottish houses, were of Nor- man descent. Their original designation was Frisscll, which occurs in the roll of Battle Abbey, and is still given to them in various parts of the country. It is said their ancestor came to Scotland in the reign of Charlemagne along with the French ambassadors that monarch is reputed to have sent over to form a league with King Achaius. In reality the first of the name settled in Scotland in the reign of Mal- colm Cawnmohr, and appears to have obtained from that monarch a grant of the lands of East Lothian. In the reign of David I., Sir Simon Fraser possessed half of the lands of Keith, called from him Keith Simon. Hervey, the ancestor of the Keiths, Earls Mareschal, who married Simon's grand- daughter, was proprietor of the other half, named from him Keith Hervey. 1. Another member of the family, Sir Gilbert Fraser, obtained the lands of North Hailes, and also a large estate in Tweeddale. Oliver Castle, a celebrated stronghold of the Frasers, was built by his oldest son Oliver Fraser. 2. Sir Andrew Fraser, 2d son of Sir Gilbert Fraser, and uncle of Sir Simon, became, on the death of the patriot, the male representa- tive of the Fraser family. He possessed the lands of Touch in Stirlingshire, and of Stuthers in Fife, afterward -the property of the Lindsays, Earls of Crawford. "He was," says Anderson, "the historian of the 37 38 THE FAMILY OF HAY family, the first of the name of Fraser who established an in- terest for himself and descendants in the northern parts of Scotland, and more especially in Inverness-shire, where they have ever since figured with such renown and distinction." 3. A daughter of the foregoing Sir Andrew, who was her father's heiress, m. Sir John de la Hay, and it will be seen later that the property of "Touch" acquired by this marriage is trans- mitted to Sir Alexander Seton of Touch, one of the descend- ants of this pair. Sir John de la Hay, by his spouse Miss Fraser, the heiress of Touch and Tullibody, had a son : — (The Bruces and the Cumyns.) i. John de la Hay, Lord of Tholybothil, whose history follows. feixtli ^fncration ?"^'fw^''^i?^i'Sf'^'"?i?^?^ IR JOHN DE LA HAY, LORD OF THOLY- BOTHIL in 1369, and in liis mother's riglit, pos- sessed of the lands of Touch and Tullibody, was the son of Sir John de la Hay by his wife Miss Fraser, daughter of Sir Andrew Fraser of Inverness-shirc. "In 1350 he granted lands in Nairn and Suther- land, and StrathpefTer in Ross, to his brother-in-law, Thomas Sin- clair, with his sister Euphemia; and in 1374 mortifies an annuity out of the lands of Lochloy and Raits to the chapel of St. Mary at Kinraize, with consent of John, his son and heir." — The Bruces and Cumyns. The following extract from the "History of Nairnshire," by Mr. George Bain, evidently refers to this grant : — "In 1364, John de la Hay, Lord of Tullibothil, was Sheriff of Inverness and with consent of his son John granted out of his lands of Lochloy and Wester Raite an endowment for the chapel of Kincraggie. He also pos- sessed the lands of Awn (the Enzie) and others. Mention is made of David II., having given in 1362, a grant of all the lands lying between the Spey and the rivulet called the Tynot in the Forest of Awne to John de la Hay of Lochloy and Tullibothil, for the purpose of being cultivated. Out of these lands in 1374 he gave a donation of four pounds for the support of a chaplain in the chapel of Geth." Sir John Hay of Tholybothil married in 1364, Christian Keith, daughter of Sir William de Keith, Great Mareschal of Scotland, by his spouse Marjorie Comyn, 3d daughter of William Comyn, ist Earl of Buchan, Great Justiciar of Scotland 1209. (Mrs. Gum- ming Bruce and Mr. Bain.) The family of Keith descend tradilionally from Robert, leader of the Catti, who emigrated from Germany in the reign of Malcolm II. and gained a signal victory over the Danes in loio, in which he slew their leader "Canus." 39 40 THE FAMILY OF HAY King Malcolm dipped his finger in the blood of the dead general, and drew three strokes on the upper part of Robert's shield, which his descend- ants bear on their arms in pale, and created him "Hereditable Great Mareschal of Scotland." (This is probably mythical.) 1. Warin de Keith, descended from Robert, was Great Mareschal of Scotland. 2. Hervius de Keith, son and heir, was living in time David I. 3. Hervius de Keith, son and heir, died in 1196. 4. Malcolm de Keith, son and heir. Great Mareschal, living 1183. 5. Philip de Keith, son and heir, married Eda, daughter of Hugh Laurens by his wife, Eda, daughter and heiress of Simon Eraser, and died about 1220. 6. Hervius de Keith, Great Mareschal, son and heir, died 1242-50. 7. Sir John de Keith, Great Mareschal, son and heir, married Mar- jorie, youngest daughter of William Cumyn, b. 1163, Great Justiciar of Scotland in 1209, Eirst Earl of Buchan in right of his 2d wife Marjorie, Countess of Buchan — William Cumyn's first wife was Matilda Urquhart, daughter of Banquo, from which marriage sprang the House of Badenoch, one of whom was John the Red Comyn. By his second marriage William Cumyn, Earl of Buchan, had Marjorie, who, we have seen, married Sir John de Keith. 8. Sir William de Keith, Great Mareschal, son and heir, married Barbara, daughter of Sechar or Sirlo de Seton, and d. anent 1290. 9. Christian de Keith, daughter of Sir William de Keith by his wife Barbara, married 1364, Sir John de la Hay, Lord of Tholybothil. Hilt? nf Qlnmgtt (De Comin, Comyn, Cumine, Cominge, Gumming) I. John, Count de Comyn and Baron de Tonsberg, Normandy, was the son of Baldwin, founder of the House of Blois, the son of Baldwin, son of Godfrey, a distinguished soldier of the cross, grandson of Charles, Due d'Ingeheim, fifth son of the Emperor Charlemagne. (Vide Burke's Extinct Peerage on Moreton or De Burge, Earl of Cornwall A.D. 1068; also vide "The Bruces and the Cummings," pp. 391-401, from which most of the following is taken.) John had two sons : — Eustace of whom presently ; and Har- lowen de Burg, founder of the Abbey of Grestein in Normandy, died vit. pat. having married Arlotta, mother of William the Conqueror, by whom he left two sons present with their half- brother, Duke William, at the Battle of Hastings 1066, viz. : i. Robert, Count of Moreton or Mortein, Normandy, created Earl of Cornwall, with grants for 793 Manors, slain in Northumbria A.D. 1087; and left a son William, THE FAMILY Ol- \l.\\ 41 who rebelled against Henry I., demanding the earldom of Kent, which his Uncle Odo had held. William left a son Adclm from whom derive the House of Clanri- cardc. H. Odo, Bishop of Bayeux, created Earl of Kent in 1067, died 1096-98 — vide Selsden's Titles of Nobility, p. 527. 2. Eustace, Ccuint of Comyn and Raron of Tonsbcrg, had son : — 3. Robertus dc Comyn, Earl and Governor of Nortlnimberland, pro- genitor of all of the name in Scotland. King William sent him 700 veteran Normans to enforce his authority in Northumber- land, and these soldiers having committed outrages at Durham, the natives rebelled, and Earl Robert and his 700 men were all killed save one. (1068-9.) Upon the death of Comyn, Cospatrick, son of Maldred by Algitha, daughter of Uchtred (who had been Earl of Northum- berland in tlie reign of Canute) bought the earldom from King William, but it being discovered he had countenanced the mur- der of Robert Cumyn, he was forced to fly from the wrath of William, and took refuge with Malcolm III., who made him Earl of Dunbar and Defender of the Marches. Cospatrick's race still exists in the Dunbars and Dundasses, although there is no longer a "Counte des Marches d'Ecosses" — though, oddly enough, he who held that title by lineal descent from Cospatrick in 1400 claimed cousinship with Henry IV. of England through the '■blude of the Cummyn," Henry claiming a like descent. Robert had two sons : — John, and William, who was bred a cleric by Gaufrcd or Geoffrey ; he became Chancellor to David I. of Scotland, and was nominated Bishop of Durham by Queen Matilda; d. ante 1144. 4. John Comyn, son of Robert, was killed in the wars between King Stephen and Matilda, the Empress Queen, circa 1135. He must have married one of the heirs of Andrew Gifford of Fonthill, and left a son : 5. William Comyn, son and heir, held in 1120 one-third of the lands Fonthill, in Wiltshire; he died before 1140, when his widow Maud, daughter of Thurston Banaster of Basset, married 2d William de Hastings. He had large possessions in Tynedale, and left two sons: — William, the eldest d.s.p., was killed in the contest for the Bishopric in 1144. His death caused his uncle to give up the struggle, and Northallerton and other lands were settled on the younger brother : — 6. Richard Comyn, second son of William, had a grant of the lands and honours of Northallerton in 1144. 42 THE FAMILY OF HAY He married Hextilda, daughter of the Countess of Etheltela, daughter of the Count de St. Pol by his wife Bethoc (Beatrix), daughter of King Donald Bane, second son of King Duncan, murdered by Macbeth. (It is remarkable, and it will show how the noble families of Scotland have intermarried, when it is observed that King Duncan had three sons, Malcolm Cawnmohr, Donald Bane, and Melmare, Earl of Athol, and each of these brothers was an ancestor of Colonel Ann Hawks Hay.) Richard Comyn obtained from Prince Henry lands in Peeble- shire, viz., the lands of Lynton-Ruderic now West Linton. "We find in 'Origines Parochials Scotiae' that between the years 1152 and 1159, Richard Comyn (the second of a race which rose within a century to a height of power which no other family in the land ever reached or attained in after times) gave to the monks of St. Mary of Kelso the Church of Lynton Ruderic," etc. By his wife Hextilda, Countess of Etheletela, whom he m. 1 152, he had children: — i. John, died in lifetime of his father, bu. at Kelso. ii. 'William, his heir, vide below. iii. Odo, a Priest. iv. David, m. Isabel de Valoines, progenitors of the Cumyns of Kilbride, who in turn were progenitors of the Hamiltons. 7. William Comyn, son and heir of Richard, b. 1163; was Great Justiciar of Scotland in 1209; and d. in 1233, aetat. 70. He married ist Matilda Urquhart, dau. of Coetisa, dau. of Banquo, by whom he left i. Margaret, m. Bartime Seton ; ii. Agnes, m. Philip de Melgdrum ; iii. Richard, Lord of Kirkentilt, whose only son John m. Matilda, Countess of Angus, and d. in France, 1242, leaving an infant son Bertraldt ; the Countess m. 2d. Gilbert de Umphraville. iv. Walter Cumyn, m. 1231, the eldest daughter of Maurice, Earl of Menteith, and became Earl of Menteith in her right; he was Guardian and Regent of Scotland in 1249, and had a gift of Badenoch from Alexander II., and died without issue, 1258; v. John, the Red Comyn (No. i), who m. Marian, as some say, daughter of the Lord of Galloway and sister of Devorgoile, according to others daugh- ter of the Lord of the Isles. He d. 1273, and John Comyn, murdered by Bruce, was his grandson. William, son of Richard, married 2d Marjorie, daughter of Fergus, the last of the old line of earls, and in her right became 1st Earl of Buchan of the house of Comyn. By her he had of the house of Buchan : — i. Alexander, 2d Earl of Buchan, succeeded his mother THE I'AMILY OF HAY 43 1237; he m. Elizabeth, 2(1 dan. of Roger de Quincy, Earl of Winchester, by Alena, eldest dau. of Alan, Lord of Galloway by his first wife. Alexander was Great Justiciar in 1251, High Chancellor in 1270, till his death in 1289. ii. Fergus, iii. lilizabeth, m. William, 9th Earl of Mar. (Which gives Colonel Hay a second line of decent from the House of Comyn.) iv. Jean, m. Sir Gilbert de la Hay, Regent with his brother-in-law 1255-58. V. Marjorie, m. Sir William de Keith, Great Mareschal. vi. Isabel, m. Francis, Lord Cheyne of Inverugie and Cassilmont. "S. Marjorie, daughter of William Comyn, ist Earl of Buchan, by her husband Sir William de Keith, 6th Great Mareschal, had a daughter, ■9. Christian, who married 1364, Sir John de la Hay, Lord of Tholy- bothil, who are in the direct line of Colonel Hay's ancestors, conveying to him a second strain of Comyn blood. (Vide Eliza- beth suprs.) Of Sir John de la Hay, Lord of Tholybothil, Douglas says, he was so great a lord that he was given on his shield as an extra mark of distinction — A Bend Dexter. (It may be of interest to our readers to trace the descent of King "Henry IV. of England from William Comyn, ist Earl of Buchan; this was as follows: — William, ist Earl of Buchan and his wife Marjorie, had a son: Alexander, w ho had a son : — Alexander, who had a daughter : — Alice, m. Henry de Beaumont, and had a daughter : — Isabel, m. Henry Plantagenet, Duke of Lancaster, and had a daughter : — The Lady Blanche Plantagenet, m. John of Gaunt, third son of Edward III., and a son: — Henry IV., King of England, who was proud of his Comyn blood, and claimed to be half a Scot.) — The Lineage of Comyn is taken from the book of Mrs. Cum- ming-Bruce, "The Bruces and Cumyns." Sir John de la Hay, Lord of Tholybothil, by his wife, Chris- tian, daughter of Sir William de Keith (vide "Keith" 8 and 9) by his wife Marjorie Comyn, daughter of William, ist Earl of Buchan (vide "Com>Ti" 6 and 7) had a son: — i, Sir John de la Hay, 2d Lord of Tholybothil ; history follows. >0bentt) feneration IIR JOHN DE LA HAY, 2d Lord of Tholybothil^ was the son of Sir John de la Hay by his spouse, Christian Keith, daughter of Sir William de Keith,. Great Mareschal of Scotland, and was living A. D^ 1380. He also possessed the lands of Park and Lochloy in Nairnshire; Boyne and Enzie in Banff- shire ; Touch and Tullibody in Clackmannanshire ; and is frequently styled : "John Hay of Boyne and Enzie." He married A.D. 1388, Margaret Stewart, the youngest daugh- ter of Sir John Stewart of Railston, the eldest son of Walter the Steward by his ist wife Alice Erskine, a daughter of Sir John Ers- kine of Erskine, great-grandson of Henry de Erskine, who, during^ the reign of Alexander H., possessed the barony of Erskine in Renfrewshire, south of the Clyde. As King Robert H. was the only child of Walter the Steward by his 2d wife Marjorie Bruce, daughter of King Robert L, he was a half-brother of Sir John Stewart of Railston, and a half-uncle to Margaret Stewart, the latter's daughter; thus it follows, that upon- the occasion of Margaret's marriage to Sir John Hay, King Robert IL, in a gift of dowry, refers to her as his niece. (For mention of this marriage vide : "The Bruces and Cumyns," p. 618, and 'The History of Nairnshire," p. 108. Sir James Balfour Paul, Lord Lyon of Scotland, in a letter to the writer says : "Sir John Hay of Boyne and Enzie" married Margaret, a half-niece of King Robert IL) Colonel Hay was descended from Walter the Steward by the latter's marriages to Alice Erskine and to Marjorie Bruce, therefore we introduce the pedigree of Margaret Stewart. Uln^ nf &trtttart I. Alan obtained soon after the Conquest a grant of the Castle of Oswestry, in which grant he is spoken of as the son of Fiaald. He married the daughter and heiress of Warine, Sheriflf of 44 THE FAMILY OI-- HAY 45 Shropshire, in the time of William the Conqueror, and had three sons: — i. William, from whom descend the Earls of Arundel, and Duke of Norfolk; ii. Walter Fitzalan, vide be- low ; iii. Simon, who accompanied his brother Walter to Scot- land and founded the family of Boyd, from which, we have seen, descend the Earls of Erroll. 2. Walter Fitzalan, 2d son of Alan, was made by King David I. High Steward of Scotland. He married Eschina, daughter of Thomas de Londoniis, heiress of Molla and Huntlaw, in Rox- burghshire, and died A.D. 1177, leaving an only son. 3. Alan, his son, who was 2d High Steward. 4. Walter, his son, who was 3d High Steward. 5. Alexander, his son, who was 4th High Steward, who had two sons : — James, vide below ; and John, who married Margaret, the daughter and heiress of Sir John Bonkyl of Bonkyl, and from them descended some of the most considerable branches of the name, among whom was Lord Darnlcy, Stewart, Earl of Lennox, who married his cousin, Mary Queen of Scots, from whom were James I., of England, and almost all the sovereigns of Europe. Sir John Stewart in right of Margaret his wife is known as Sir John Stewart Bonkyl, and by her he had a son. Sir Alexander Stewart of Bonkyl, who succeeded to his maternal grandfather's estate and had a daughter, Isabella Stewart, who married Donald, i2th Earl of Mar, by whom she had a daughter Mary, married Kenneth, 4th Earl of Sutherland. These were progenitors of Colonel Hay as will be seen later in the lineage of Janet Sutherland. 6. James, eldest son of Alexander, was the 5th High Steward. 7. Walter, son of James, was 6th High Steward of Scotland. He espoused the cause of Robert the Bruce, and was present at the Battle of Bannockburn. He married ist Alice Erskine, daughter of Sir John Erskine, and had three sons and one daughter — the eldest son was Sir John Stewart of Railston, whose daughter Margaret married Sir John Hay, Lord of Tholybothil, Boyne, and Enzie. (For their posterity vide below.) Walter the Steward married 2d Marjorie Bruce, the only daughter of King Robert I., and had a son King Robert IL, who had a son King Robert HI., whose daughter Mary mar- ried George Douglas, ist. Earl of Angus, who were ancestors of Colonel Hay; (vide "The Line of Douglas" given later in this ■work). Walter the Steward married 3d Isobel Graham. 8. Sir John Stewart of Railston, son of Walter the Steward by his 1st. wife Alice Erskine, had among other children: — 46 THE FAMILY OF HAY 9. Margaret Stewart, half-niece of King Robert II., who makes to her on her marriage a gift of dowry, she married, as has been shown, Sir John Hay, Lord of Tholybothil, Lochloy, Boyne, and Enzie, had issue : — ("The Bruces and Cumyns," p. 618.) i. Sir James Hay of Enzie, Boyne, Touch, and Tulli- body, who left sons : Sir John Hay, who married a daughter of the Earl of Ross, and died ante 1425, leaving a daughter and heiress — Egidia Hay, who married Alexander, ist Earl of Huntly (created 1449), by whom she had a son — Sir Alexander of Touch, ist. Lord Seton, — from whom the Setons of Touch. Sir Gilbert Hay, 2d. son of Sir James, married Mar- garet Gordon of Strathbolgie and left two sons : — David d.s.p. ; and Andrew Hay, who had a son Alexander d.s.p. and a daughter — Helen Hay, who married an Abercrombie, whence the lords Abercrombie of Tullibody. ii. William Hay of Lochloy, whose history is given in Section VIII. and is in direct line of Colonel Hay's pedigree. iii. John Hay, who left a daughter, Euphemia Hay, who married Sir John Sinclair of Deskford (who raised the fallen banner of the dying Douglas at Otterburn) and his daughter Margaret Sinclair married Sir Walter Ogilvie, from whom descend the Earls of Findlater (and also Colonel Hay, who derives also from Sir Alexander Seton, 1st Earl of Huntly, by his 3d mar- riage to Margaret Crichton). Ciflfjtf) ^tneration ilLLIAM HAY OF LOCHLOY was the second son of Sir John Hay of Boyne, Enzie, Tholybothil, Touch, TuIHbody, and Lochloy, by his spouse Mar- garet Stewart, half-niece of King Robert H., and (laughter of Sir John Stewart of Railston. (Vide "Stewart," Sec. VH.) "His monument is still to be seen at Elgin Cathedral — the oldest tomb but one of a layman within the sacred precincts. The monument is in the transept. It consists of a stone sarcophagus with the colossal figure of a knight in complete armor with dirk and spurs still visible. The feet rest upon a lion couchant and the stone bears an inscription." The following is the inscription sent the writer by Sir Archibald Dunbar, Bart., of Elgin: — Hie Jacet Wills, de la Hay, quonda aens. de Lochloy, qui obiit viii die mensis Decembris anno Dom. MCCCCXXI. — (We now resume our extract from "The History of Nairn," by George Bain) : "Mention is made of this old Knight at a great gathering of northern gentry at the kirkyard of Chanonry of Rosemarkie, i6th August 1420. Amongst those present were John, Bishop of Ross; Dame Mary of the Isles and of Ross; Hugh Fraser Lord Lovat ; John M'Leod Lord of Glenelg; .Angus Gothrason of the Isles; Sir William Fraser Dean of Ross; Walter Douglas Sheriff of Elgin ; Walter Inncs Lord of that ilk ; Urquhart of Cromarty; Donald of Kaledor; Thane of that Ilk; Sinclair of Deskford; John the Rose Lord of Kilravock ; John of Nairn Lord of Ardmuthack ; with many others. 'The object of the meeting was to witness the resignation of the lands of Kerdale, Inverness-shire, by William the Graeme into the hands of 'a noble lord and a michty, Thomas Earl of Murray,' over-lord of the barony of Kerdale, and the earl conveys back the said lands to Graham and his heirs male, failing which to William Hay, his 'good-father,' Lord of Loch- loy, and his male heirs." 48 THE FAMILY OF HAY Mr. Bain continues : "The proceedings at Rosemarkie meant more than appears on the face of the deed, which was simply a regulation of succession. There was match- making in the business. The Earl of Moray had at this time a particular interest in the Hays of Lochloy, for John, William de la Hay's son, was engaged to marry the earl's daughter. But John proved fickle. He fell in love with a daughter of the Thane of Cawdor, and wished to be oflf with the old love. "He received a communication from the Earl of Moray, and never did a disappointed father-in-law write a more tender, dignified and generous letter in such delicate circumstances." (This letter will be given in the next section, which is devoted to John de la Hay.) The "History of Nairnshire" continues: — "The Hays of Lochloy in the course of a generation or two became extensive land owners. Besides Lochloy, they had : Inshoch, Park, Kin- nudie, Meikle Urchany, Wester Raite, Foynesfield, Dallas, and other posses- sions in the north and south. They were at the height of their prosperity about the close of the sixteenth century. David Hay of Lochloy married Marie Rose of Kilavock in 1605. She lived to see her eighty-eighth year, and when she died it is stated there were descended of her no less than one hundred and ten persons then in life." — Mr. George Bain in the "History of Nairnshire"; from his writings we also quote the following beautiful descriptions of Inshoch Castle, three miles to the east of Auldearn, and of Lochloy as he saw it a few years since on the coast of Moray, not far to the east of the town of Nairn : — "The ancient and knightly family of Hay of Lochloy, near neighbors of the Brodies, acquired at a very early period lands in Nairnshire. It was one of the oldest branches of the Hays of Erroll. The first mention of Lochloy was in connection with the landing of Harold, Earl of Caithness, at the port of Lochloy to make submission to King William the Lion, at the Castle of Nairn. ****** Wg now come to one of the prettiest and most interesting bits of scenery of its kind in this part of the country. It is entitled to be called the Lake District, and no description can convey an idea of its beauty, but here are its elements : — There is the dense wood of Lochloy forming a dark background to the deep-blue water of the lake lying at its foot. The Loch, which wears a somewhat cold and wintry look on the hottest days, loses itself westward in a morass of rushes and aquatic plants. Along its northern edge, the sward, cut up into plots and patches, is the greenest of the green. You look eastward and see the Loch rounded by another patch of green turf; and it is succeeded by another sheet of water known as the Gran Loch, and the water — being for the most part shallow — the light plays upon the surface in brightest colors, giving us 'Green Isles set in amber.' THE FAMILY OF 1 1 AY 49 The carsc beyond has been planted, but has wonderful open spaces; £0 that you have beautiful glades, far-stretching avenues, up which you momentarily expect to see some gay cavalcade or fairy procession advancing. To the eye the scene is really charming and then it teems with life, with bird life especially. In the far plantations you hear the familiar song- sters of the grove piping their lays unceasingly, and you are startled by the plaintive note of the cuckoo — 'telling its name to all the wood.' A flock of wild geese are feeding among the sedgy reeds of Lochloy, and it may be, as it often happens, a pair of wild swans are floating majestically in the centre of the great loch. As you move eastward the air becomes thick with water fowl. The coot, with a hoarse cry, rises from its nest, and plunges awkwardly into the loch, ploughing it as it goes. The pee-wits, which have long ere this become unwelcome attendants, now thoroughly alarmed at your intru- sion, make threatening swoops at your head ; while flocks of little duck- lings, most comical looking in their newly fledged state, go racing and swimming about as for dear life. And for nests, — at the end of April or early May is the nesting season, every second or third tuft of grass on the island contains one. But what need to describe a scene made classical to all lovers of natural history by the graphic pen of the late Mr. St. John ! In his books you will read of his shooting swans at Lochloy; watching flocks of geese on the shore; hunting roe and foxes in the Black Wood close by; and having perilous encounters with seals on the Old Bar. Mr. St. John was an English gentleman, who tired of fashionable life, and betook himself to this part of the country. He was a keen sportsman, and at the same time a most observant naturalist, and his book, 'Wild Sport and Natural History of The Highlands,' is full of incident and adventure. To his pleasant pages I refer you for further information respecting the wild denizens of the marshes of Lochloy. His early volume, 'Sport in Moray,' gives the fullest particulars about Lochloy. But a word or two before we leave the spot about the family history of Lochloy. At a very early date we read of John de la Hay of Lochloy. He was one of the supporters of Baliol as against Bruce. The family was a branch of the Hays of Ercoll.. Doubtless they had a house at Lochloy, but in later centuries the old Qistle of Inshoch was the family residence. The property at one time included Knockoudie and Park. One of the recumbent stone figures in Elgin Cathedral, representing in life size a warrior taking his rest, is a memorial of William Hay of Lochloy, and in Auldearn church-yard we have the last resting place of Hay of Lochloy, with a large tablet giving an account of the glories of the Hays, who were ranked among the nobles of the land in the olden time. ****** Immediately to the east of Lochloy is the town of Mavistown." Does not this poetical description rest our readers in their plodding through these pages? Let us now go a few miles south of Lochloy to a spot a few miles east of Auldearn, on a hne with Park 50 THE FAMILY OF HAY and Cawdor Castle to the west of that historical town, and, pausing a moment on the moor, search for traces of the witches who fore- told to Macbeth his fortune — they should be there if such beings leave an impression of themselves behind. What we do find is the picturesque ruin of an old castle once belonging to the Hays of Lochloy — Inshoch Castle thus described by our friend, Mr. Bain : — "The Hays originally had a residence at Lochloy on the site now occupied by the house of the Baillies of Lochloy — a position on the coast commanding a wide view of the Moray Firth. At a very early period, how- ever, a second castle was built more inland, namely, at Inshoch, and remains of it still exist. It was protected on one side by an impassable peat moss, and as the name would indicate, 'Insh-ach,' the island field, was surrounded with ditches formed by the overflow of the bog. The Castle had its entrance on the ground floor. On the landing of the stair adjoining the hall, a stone basin in a pretty little gothic arch was provided for washing the hands, with a drain for carrying off the water. The Hall itself was a handsome, well-lighted apartment, thirty feet by seventeen feet, with plastered walls, a large fireplace with moulded gambs, above which is a shield displaying the armorial bearings of the Hays of Lochloy — the insignia that had floated on many a field of battle. The oldest part of the building shows a simple keep with round towers placed diagonally, so as to command the four sides of the main building,, and turrets in the angles. The original building appears to have been altered and additions made to it, doubtless to meet the requirements of a more advanced civilization. The ground floor was vaulted throughout and contained a kitchen with a very large fireplace, and numerous cellars. Except the kitchen window, which may have been enlarged, the basement was lighted with narrow loops. A stone sink is fitted into the kitchen window, connected by a drain to the outside. In the larger turret to the southwest, there is a very pretty little private room, commanding a charming view and provided with stone seats — doubtless my lady's boudoir. The ruins are in a dilapidated state, and a considerable portion fell in the great storm of 1879, the night of the Tay Bridge disaster. * * * * * * 'phe family declined in the middle of the seventeenth century and the lands are now possessed by Brodie of Brodie." In another publication, "Guide to Nairn and Its Neighbor- hood," Mr. Bain writes : — "Leaving Auldearn and pursuing your way eastward, the Castle of Inshoch comes full into view. ****** j^ jg ^^^jj^ jj^ ^^le usual castellated style common to the period and is a most picturesque ruin. * * * * * * The curious construction of the old staircase leading up to the \ . 1^1 Till': l•^\MIL^' oi" ii.w 51 'Lookout' is will scfii through the hrnkcn masonry and with the assistance of a ladder adventurous youths still climb to the top. In years long gone this ancient castle was tlie stronRhold df the Hays of Lochloy, a family that lonK flourished as one of the most powerful of northern 'septs' and figures largely in local tradition. ****** B^t we arc not far from the classic ground of the Hard-muir, "The Blasted Heath of Macbeth." On a hillock near the old Toll-house, a little ofT the road, marked by a few old pines, danced the witches, whose singular greeting of Macbeth by the titles of Thane of Cdamis, Thane of Cawdor, and 'King Hereafter,' first fired his ambition and led him to murder his king. As the witches danced they sang— 'The weird sisters, hand in hand, Posters of the sea and land, Thrice do go about, about ; Thrice to thine and thrice to mine. And thrice again to make up nine.' After the overthrow of the conspiracy by Macdonald of the Isles and the Thane of Cawdor with the King of Norway, and the subjugation of the Western Isles, Macbeth and Banquo return from the west coast. The news of the great victory they had achieved had reached Forres, w^hcre King Duncan was, first by the wounded Sergeant and then by the Thane of Ross. Crossing the moor after a fatiguing journey, 'So foul and fair a day,' exclaimed Banquo, 'I have not seen,' he impatiently asks — 'How far is't called to Forres?' Before answer can be made he is startled by the appearance of three withered hags, whom he boldly addresses — ' — What are these. So withered and so wild in their attire. That look not like the inhabitants of the earth, And yet are on it. Live you? or are you aught That man may question? You seem to understand me. By each at once her chappy fingers laying Upon her skinny lips ! You should be women And yet ybur beards forbid me to interpret That you are so. Macbeth — Speak if you can, what are you? First Witch— All hail, Macbeth! Hail to thee. Thane of Glamis ! Second Witch— All hail, Macbeth! Hail to thee, Thane of Cawdor! Third Witch— .Ml hail, Macbeth! Thou shalt be king hereafter!' Macbeth afterward eagerly demanded an explanation of their mystic word. ' — Stay, you imperfect speakers, tell me more. By Sinel's death, I know I am Thane of Glamis. But how of Cawdor? The Thane of Cawdor lives ) 52 THE FAMILY OF HAY A prosperous gentleman ; and to be king Stands not within the prospect of belief, No more than to be Cawdor. Say from whence You owe this strange intelligence? or why Upon this blasted heath you stop our way With such prophetic greeting? Speak, I charge you!' The heath is now under cultivation and has lost its bleak aspect, but who, so near the spot of such a remarkable scene in this tragedy of the immortal bard, would not indulge his fancy in viewing it, although his- torically regarded as fictitious." Each square inch of Scotland's soil is historic ground, and here we are surrounded by the amphitheatre of scenes which have stirred the pulses of the world — but two of these we may glance at in pass- ing. A few miles west of Inshoch Castle was fought in early May, 1645, the Battle of Auldearn, where the noble Marquis of Montrose, a descendant of a Hay, defeated General Hurry with twice the number of the Highland forces. In this battle fought Hay of Kin- nudie and Hay of Lochloy; the former was slain. A century later the celebrated Battle of Culloden was lost to the brave and romantic Charles Edward Stewart, about a half -day's ride from Auldearn toward the west. The day preceding the fatal fight, the Prince and his secretary, Mr. Hay, formed a party at dinner with their hosts, Rose, Baron of Kilravock, and his Lady, at Kilravock Castle, and the next night at this same castle was entertained His Highness, the Duke of Cumberland, whose exhibition of cruelty in putting to death the Highlanders lying wounded and helpless on the battle- field, will for all time brand him with the stigma we would fain see unmerited. "Fraser of Inverallochy, severely wounded, leaned wearily on the turf dyke, when Hawley riding by demanded, "To whom do you belong?" "To the Prince, sire," was the Chieftain's unhesitating reply. "Shoot that dog!" said Hawley to his aide-de- camp. "No, sire ! I am a soldier, not an executioner. My commis- sion is at your disposal, but I can not and v/ill not shoot him," re- plied the young officer. It was Wolfe, the hero of Quebec, who thus refused to act the butcher. It is a Highland tradition that thirteen years later, when General Wolf on the Heights of Abraham fell back mortally wounded, it was the arms of Eraser of Lovat which received him, and, along with Simon Eraser, the younger brother of Inverallochy, bore him tenderly ofif the field." In the Till', FAMILY OF HAY 53 "Story of Culloilcn Moor," by Mr. liain, the account of this bat- tle — and campaici'n Icadinc: to it — is set forth in a most dcH;:^htful, simple, chaste, and masterly style. Mr. IvdlHit I.c-lir Moir of Aberdeenshire, Scotland, a descend- ant of (he I lays, sent the wriur the following touching account of a visit ho paid to Culloden : — "The battlefield at the present time is under the plough, all except where tlic thickest of the fight took place. This has been preserved practi- cally as it was on the day of the battle and surrounded by a belt of wood, by the good taste, I believe, of Duncan of Forbes. The principal object on the moor is the cairn, erected to the memory of the clansmen who fell that day. You arc supposed to add a stone to it. On each side of the road loading through the actual place of conflict (this road did not exist in 1746) are the graves of the Highlanders who fought so well that fatal day, each clan by themselves. After the battle, they were identified by their tartans and buried in heaps — Macintoshes, Erasers, Macdonalds, Macgilliv- rays, Camerons, Stuarts of Appin, and many more. There are also two trenches of 'Mixed Clan.s,' to my mind the saddest thought of all. They were, indeed, 'mixed' at Culloden. The 'Well of the Dead,' where the young chief of the 'Macgillivrays' fell, is still to be seen ; but no one drinks from it now, as his blood still reddens the water. Macgillivray was wounded, but managed to get his back against a wall or stone fence hard by, and fought there until literally cut to pieces. I have been told that fourteen dead Englishmen were found near his body next day. Xear by is 'The Field of the English Dead,' where the Englishry lie buried. This, when I was there, was being sown with corn. (Without doubt there were sad hearts in England, too, after the carnage of Drumossie Moor.) A little farther on is the stone from which Cumberland directed the battle; and although there is nothing to mark the spot, an old man pointed out the place where Prince Charles Edward stood and watched the conflict. If this was the place, why no stone to mark it? One to 'The Butcher' but not one to our own 'King of the Hielan Hearts'? Oh, shame! The deep stillness of the place broken only by the distant call of some wild creature of the moors, the great hills looking down on the battle- field just as they looked on the day of action, the mounds of the mighty dead, the romance and glamor of the whole scene, powerfully excite the imagination ; and in fancy I almost saw the wave of the tartans, and heard the slogan of the clansmen, as, impatient of inaction (like true Highlanders) and maddened by the havoc wrought in their ranks by the artillery of the enemy, they burst, like one of their own mountain torrents, on the Hano- verian lines, to the scream of their native pipes, and the boom of the English cannon. In vain, brave hearts, in vain ! All that valor, all that desperation could do was done, but the star of the Stuarts was set, and the miglity heart of Scotland broken. 54 THE FAMILY OF HAY The shadows of evening were beginning to gather, warning me it was time to be moving; so, with bared head and reverent heart, I stooped me down and plucked a bit of heather from each hallowed mound, beneath which lay, in the silent sleep of death, so many of the brave, the noble, and the true. To many lands have these mountain flowers been sent, to clansmen in Canada, in India, and in Africa, to help to keep the memory green of those gallant hearts, who, famished, exhausted, and broken, yet faced the Hanoverian host in the blinding sleet and hail of that fatal April day so long ago, and died the death of heroes for Scotland and Prince Charlie." The following lines were inspired by some heather sent by the writer of the above description to a South Carolina daughter of the Hays of Erroll and Lochloy, and will show that though separated from Scotland by many generations and many thousand miles, she is still leal to "her ain countrie." "Only a spray of heather from those Scotch hills far away, From moors of waving purple, where my spirit loves to stray, Yet it brings a fragrant message from the land I love so well. And tenderly I'll cherish the bonnie heather-bell. "I feel as I gaze on its beauty, and hold it so close in my hand. Some day I must cross the broad ocean, and among the sweet heather-bells stand. And there, as they wave in the breezes, full many a tale will they tell Of noble deeds when my fathers dwelt in the land of the heather-bell. "My pulse throbs warm as I listen to tales of her warriors brave, Who with hearts that were leal, and arms that were strong, stood ready their country to save ; And tho' in the battle full many, by swift flying darts, were laid low. With last labor'd breath, their cry was 'Advance !' they died with their face to the foe. "There in the dusk of a terrible day, their forms lie silent and cold, The moon, when it rose, shed a pitying ray, on the faces of young and of old, And one grasps his sword in a firm, rigid hand, the other is press'd to his side To stay the sharp pain of a deep, cruel wound, and stifle a groan ere he died. "Here rests the form of a brave, noble lad, who fell on a heather-clad mound, All stain'd with his life-blood, while clasp'd in his hand a bunch of the blossoms is found, Press'd close to his heart, while the look on his face a story of love seems to tell. Of one who is waiting to crown him at home with a garland of sweet heather-bell. THE !• AMILV Ol- IIAV 55 "And the sad winds wail and whisper of tliaf time now dead and gone, When the luatluT hells were tolling a retiuieni forlorn, In dreams 1 love to wander o'er those shadowy hanks and braes, To hear the echo'd message from their vanish'd, hallovv'd days. "So I bless this spray of heather, which brings to mc these dreams Of mossy banks and bonnie braes and gentle flowing streams, And when the shadows lengthen, and I lay mc down to rest. May a kind hand place the heather upon my pulseless breast." — Patti Lee Hay Colcock. We nnist. however, resist the spell tempting us to linger by the wayside of Scottish romance and poetry, and proceed with tracing the footprints left behind Ijy a family of Scotland. William de la Hay. Lord of L'-^chloy, married Janet Macintosh, eldest daughter of William Macintosh, by his 2d marriage late in life to Margaret, daughter of Rurorie (Rorie) Mor M'Leod of Lewis, who was the seventh Chief of the Macintosh Clan. (In a letter to the writer of this work, Mr. George Bain, Historian of Nairnshire, writes : — "According to the Kinrara Manuscript, William Mac- intosh, reckoned 7th Chief of the Macintosh Clan, by his 2d marriage late in life with Margaret, daughter of Rurorie Mor M'Leod of Lewes, had one son Malcolm Beg (who became loth Chief) and five daughters, the eldest of whom, Janet, he gave in marriage to the Lord of Lochloy, sur- namcd Hay." Mr. Bain continues in his letter: — "Mr. A. ^L Macintosh, the his- torian of the family, informs me that this marriage may be placed early in the 15th century; Janet's brother, Malcolm loth Chief, was alive in 1457, but must at that time have been very old." The above marriage of William Hay of Lochloy is likewise given by Mrs. Cumming-Bruce in her work, "The Bruces and the Cummings." Clan of fflariutttuBlj (From "The Family of Kilravock," prii.tcd by The Spalding Club) : — "'Tis allowed that Macintosh is descended of Mac DufT, Thane of Fyfe. So the name signifies, viz.: 'Mac,' that is, 'son,' and Tosche' (in the British Twisoc from Tus, i. e. 'Chief') 'Thane.' Schaw, son of Duncan M'Duff, Thane and Earl of Fyfe who died in the year 1154, is said to have come into the north with King Malcolm IV., in his expedition against the Moravicnses about 1160, and to have been made by him Governor of the Castle of Inverness, with a gift of lands in Petty and in Strathearn ; and, rearing a faniilj*, separate from his father, assumed the surname of Macintosh (son of the chief) in memory of his descent. ****** Jhe sixth from this Schaw inclusive was Angus Macintosh, who about the year 1291 married Eve Catach, the 56 THE FAMILY OF HAY daughter and heir of Donal or Dougal, Chief of the Clanchatan, and with her he got the lands of Strathlochy, Glenly, and Locharkeg, which remained in the family of Macintosh until sold to the Earl of Argyle (of whom Lociel holds them) in 1665, for 70,000 merles Scots. ***** *Eve Catach, who married Macintosh, was the heir female (Clunie's ancestor being the heir male) and had Macintosh assumed her surname, he would (say the MacPhersons) have been the Chief of the Clanchatan according to the custom of Scotland. ****** Be this as it will, Macintosh's predecessors were, for above three hundred years, designed 'Captains' of Clanchatan in royal charters and commissions, in bonds, contracts, history, heraldic, etc.; the occasion of which title was that several tribes or clans (every clan retaining its own surname) united in the general designation of 'Clanchatan'; and of this incorporated body Macintosh was the head, leader, or captain. These united tribes were : Macintosh, MacPherson, Davidson, Shaw, MacBean, MacGilivray, MacQueen, Smith, Maclntyre, MacPhail, etc. In those times of barbarity and violence, small and weak tribes found it necessary to unite with more numerous and powerful tribes. As long as the tribes of Clanchatan remained united (which was until the family of Gordon breaking with the family of Macintosh, broke their coalition) they were able to defend themselves against any other clan." In this connection the following incident will be recalled by our readers : "Sept. 28, 1396, the Clanchatan under Schaw Macintosh fight against the Clancaie for precedence, thrittie against thrittie, at Saint Johnstone, North Inch of Perth, west bank of Tay, the place. Schaw is third in succession, is acknowledged chief, and drops his first name as indicating descent from the Thayne of Fyfe. (It follows from this that both MacDuff of Fife, and Macintosh of Clanchatan are ancestors of Colonel Hay). An account of this fight is thus recorded in Scottish History : — "There being a great debate for precedence between Clanchatan and Clancaie — the first commanded by Statte Beg, the last by Gillichrist M'Kean — which occasioned much bloodshed among themselves, and robberies in the country about them, the quarrel being irreconcilable, by advice of the Earl of Crawford and Thomas Dunbar, Earl of Murray, they resolve to fight for it, thirty against thirty, with swords only, before the King. The day is appointed, St. Johnstone and North Inch, there the place. One of the Clanchatan is wanting, and so the appointment is near deserted, till Henry Wynd, a saddler, for a small piece of money, and assurance of maintenance if maimed, undertakes to supply the place of the absent. A desperate and bloody combat follows in presence of King and nobilitie till the whole clan were killed except one who leaped into Tay, and escaped by swimming. Of the other clan, ten and the saddler survived, but were wounded. The saddler fought notably, 'for his own hand,' he said. THE lA.MlLV OF HAY 57 This made Macintosh predecessor Captain of the whole clanchatan, though tlicrc had been two or tliree before. This was in the year 1396." William Hay of Lochloy, by his wife Janet Macintosh, daugh- ter of William Macintosh, seventh chief of the clan Macintosh, had one son: — ("The Bruces and Cummings," p. 618.) i. John dc la Hay, Lord of Lochloy. (Vide Section IX.) ii. A daughter wlio married William Graeme, Baron of Kcrdalc in Inverness-shire; (vide a letter from Thomas Dunbar, Earl of Moray to John de la Hay, releasing him from an engagement to his daughter, in wliich William Graeme is referred to as "your brother"). ^intf) (feneration pHN DE LA HAY, LORD OF LOCHLOY, was J^ the only son of William of Lochloy, by his spouse ^ Janet Macintosh, eldest daughter of William Mac- ^ Intosh, 7th Chief of the clan Macintosh. He died A. D. 1431. "He espouses a daughter of his beloved cousin, Donald, Thane of Cawdor, at Elgin, the xvth daie of Fev. 1422." — (Mr. Bain and Mrs. Cumming-Bruce). It had been arranged at Rosemarkie (vide section VIII.) be- tween William de la Hay and the Earl of Moray that the son of the former was to marry the daughter of the latter, but John losing his heart to a daughter of Donald, Thane of Cawdor, the latter requested the Earl of Moray to release John de la Hay from this engagement. The following will show how generously this request was granted in a letter which bears the legend "Thomas Dunbar, Comitis Morauie":— ("The Kilravock Family" and "The His. Nairn"). "Thomas Erie of Murreff til our richt well belovit Jone the Haye, Lord of Lochloy, greeting : "It is in fresh memorie with you, as we understand, that throu certain tailye made betwix us and your fadir, ye are oblisit to spouse a douchter of ours, for the quhilk thing to be done, we confermit to your fadir a tailye betwix him and the lord of Dolas apon the lordship of Dolas, and forgifl till him fourtez poundez, the quhilk suld haf bene paiit tilus for the relife of that land; and awls for that ilke marriage, we confermit til your fadir a tailye betwix him and your brither Wilyame the Grahame, apon the landez of half the barony of Kerdale, and resavit you to the like landez upon the saide tailye; and now of new, we haf herdbe certain relacion of our luffit cusine, Donaldo, thayne of Caldor, that you wald be releschit from your oblising til us of the saide mariage, and haf our licence, freedome, and gude will, to spouse a douchter of the saide Donaldo, thayne of Caldor, with sic 58 THE FAMILY OF HAY 59 commands, frcedomcs, and rewards as are forspokyn, and as wc grantit unto you of bcforetyme. "Quharforc, be the tenor of thir our letteris, of your oblising made to us of bcforetyme, baith be your fadir and be yoursclfT, for the mariage of our douchter, we releschc you, dischargis you, and quitclemis you for ever, gifing and granting to you our council, our licence, and gude will to spouse and til haf to your wif, the douchter of the said Donaldo, thayne of Caldor, with sic freedoms, profitis, and rcwardis, as war forspokyn in our first com- mands, togiddcr wid our help, suppout, and maintenance, in al your lachful and liveful errandis in al tyme to cum; thereatour we haf grantit and giffin, and be thir our letteris grantis and gifis to the said Donaldo, thayne of Caldor, fourte markez of the rclese of your landez of the half of the barony of Kerdale, the quhilk Wilyame the Haye, your fadir, was oblisit to pay til us, of the quhilk we quitcleme you for ever be the teneur of thir lettre, to the quhilk our sele we haf girt beput, at Elgin, the xv dai of the moneth of Feueryere, the yere of our Lord a thousand four hunder twenti and twa yere." (We think our readers will agree with us in the opinion that the Englisli and spelling of the nineteenth century is an improve- ment upon that of the fifteenth, and we shall not ourselves attempt a translation of the above, leaving them to do so.) (The following is based upon "The History of Nairnshire" and "Guide to Nairn," by Mr. George Bain.) 2Il|f Earlg QHjanrg of Cauilmr The original patrimony of the Thanes of Cawdor appear to have been limited to the fertile valley lying between Brackla and Barivan. The first addition to their early heritage were the lands of Highland Boath and Banchor — at one time held by the illustrious family of Durward by charter of Alexander II. The Thanes of Cawdor, says Shaw, the historian of Moray, as Con- stables of the King's house resided in the Castle of Nairn, and had a country seat at what is now called "Old Cawdor," a half-mile north from the present seat (about 10 miles south of the town of Nairn, and a few miles west of Auldearn but to the east of the river Nairn). Here they had a house on a small moat with ditch and drawbridge, the vestiges of which were still to be seen in 1720. But another building was erected and the appearance of the Castle is most imposing. It is protected by a fosse and its entrance secured by a quaint old drawbridge, and stands among the hills a half-mile south of their original country seat. The tradition is that the Thane of Cawdor, anxious to build another house, but hesitating as to its site, was directed in a dream to bind the coffer containing the treasures collected for the architectural purpose to an 6o THE FAMILY OF HAY ass, and set the animal free, and build wherever it might stop. The ass came to a first hawthorn tree, looked at it but passed on ; it came to a second tree, rubbed against it but still passed on ; when it came to the third hawthorn tree, on the bank of the burn, it lay down beside it with its treasure burden. Around this tree the Thane built his castle, and in the lowest vault of the tower, the trunk of a hawthorn, firm and sound, growing out of a rock and reaching to the top of the vault, is still to be seen. Strangers are brought to stand around it, each to take a chip of it, and then to drink to the hawthorn tree, and prosperity to the house of Caldor or Cawdor. The Cawdor genealogical tree gives the following succession of Thanes : — (i) Donald, Thane of Cawdor, 1295; (2) William, Thane of Cawdor, who obtained a charter of the thanage from Robert I. in 1310; (3) William, Thane of Cawdor about 1350 ; (4) Andrew, Thane of Cawdor, who was enfeft in the Sheriffship and Constabulary of Nairn and half of Dunmaglass, and died about 1405 — said to have been murdered by Sir Alexander Raite of Raite; (5) Donal, Thane of Cawdor, served heir to his father in 1405, and acquired the other half of Dunmaglass, of Moy, near Forres, and Little Urchany; it is mentioned in the family genealogy that a daughter of Thane Donald married John de la Hay (vide the letter given above from Thomas Dunbar, Earl of Murray, to John de la Hay). According to tradition, Schaw Macintosh (vide the preceding Section Vni.) married Helen, dau. of the second Thane of Cawdor, and thus was obtained the first half of Dunmaglass. Urchanybeg was purchased from the Bishop of Moray in 1421. The office of Sheriff of the shire, and Constable of the Castle, carried with it considerable emoluments as well as local influence, and the family at an early date possessed the lands Balmakeith, Millbank, the Gallowslands, and the Skateraw, and had a charter to the lands formerly belonging to Fergus the Dempster. William succeeded his father Donald and was 6th Thane of Cawdor. Looking out for a good match for William, his son, he found that living at the old Castle of Dunbeath on the Caithness coast, on the Moray Firth, was an untitled, but very wealthy Chief, Alexander Sutherland, whose wife was a daughter of Donald, Lord of the Isles. The hand of his youngest daughter, Mariot, was sought, and she mar- ried the young Thane, William. Marjory of Cawdor, one daughter of this marriage, married Philorth Fraser; Marion, another daughter, married three years later, Hugh Allan- son Macintosh; a third daughter married William Dallas, heir of Budgate and, we believe, General Meade of the Battle of Gettysburg, was a descend- ant of this pair. Mariot or Marian Sutherland, wife of William, Thane of Cawdor, died leaving him sons, but the eldest, William, was weak in body, and became Till'. I-.\Mir,V OF HAY 6i Vicar of Barrivan, preferring ihe church to secular life with its struggles. William, the Thane, then fixed the succession of the title upon John, a natural son afterward legitimated, who had married Isabella Rose, daughter of the Baron of Kilravock. Of tliis marriage of John to Isabella Rose were born Janet and Muriel, and the latter while a child was carried ofif under romantic circumstances and the ward of her marriage was granted to Argyle, and on the completion of her twelfth yeai she was married to Sir John Campbell, son of the Earl of Argyle; they were married 1510. Thus the Thanage of Cawdor passed from the old Thanes to the family of Campbell. It is interesting to note here in passing the origin of the poem "Glenara," by the Scotch poet, Campbell : — M'Lean of Duart, an inhuman wretch, had married Lady Elizabeth Campbell, a sister of the above mentioned Sir John Campbell, the new Thane of Cawdor. Through some mad freak of temper, M'Lean took the lady out to sea^ and left her on a barren rock in the ocean, covered at high tide, and expected her to perish there. At the point of death, she was rescued by a passing boat. Sir John's indignation led him to avenge the insult by following M'Lean to Edinburgh, and slaying him in his bed. Remission for the slaughter under such exceptional provocation was granted by King James V., and Sir John and Lady Muriel took up their residence at Cawdor, making it their home, visiting only occasionally their possessions in Argyle. Sir John was succeeded by his son Sir Archibald Campbell, who married a daughter of James Grant of Freuchy, and died 155 1 leaving a son John, who married Mary Keith, daughter of the Earl Mareschal, and sister of the Countess of Argyle. In consequence of this marriage he removed to shores of Argyle, where later he met with a tragic end. John de la Hay died A.D. 1431, and, by his wife, a daughter of Donald, 5th Thane of Cawdor, left a son : — i. William de la Hay, whose history follows : l^entf) feneration P^P^^ILLIAM DE LA HAY OF LOCHLOY, PARK^ ^ W 7^ ^^^ DOLAS, was a son of John de la Hay, Lord ^ \A/ ^ c£ Lochloy, by his spouse, a daughter of Donald,. ^ ^ Fifth Thane of Cawdor, "his luffit cousin." (His- ^^^^^ tory of Nairnshire and Mrs. Cumming-Bruce in "The Bruces and the Cummings.") He held charters bearing date 143 1. Thomas Cumyn of Altyre redeemed the lands of Dolas from him in 1460, and an Indenture of Friendship between them bears date 22 July 1476. ^ He probably married a daughter of the house of Cumyn, by whom he had Dolas, and died 1480, leaving two sons: — i. John de Hay, history follows in Sect'on XL ii. Alexander Hay of Mayne, living 1484, had a son : — William Hay of Mayne, living 1541, who had two sons : — John Hay of Mayne, living 1544; and William Hay of Mayne, who d. 1558, leaving a younger son, William, d. 1598, and an elder son : — James Hay of Mayne, d. 1561, leaving a son : — William Hay of Mayne, liv- ing 1590- 1618, who left issue: — i. James, living 1618; ii. Francis, living 1618; iii. Alexander. 62 (Clebentf) (Reiteration OHN THE HAY OF LOCHLOY AND PARK was the eldest son of William the Hay, and suc- ceeded his father to the lands of Park and Loch- loy in 1480. (These lands of Park were in Nairn- shire west of Auldearn.) It does not appear whom he married, but by his spouse he left sons : — i. William I lay of Park and Lochloy, history follows in Sec. XII. ii. Alexander Hay, living in 151 1, iii. Andrew Hay, living in 151 1. The Hays of Park and Lochloy must not be confounded with the later Hay of Park. The latter Baronets of Park were created 1663, and descended from Alexander Hay of Dalgetty, descending from the Hays of Erroll, and these last lands of Park are in Wigtonshire, and were of the abbey lands of Glenluce. In this line is Sir Lewis John Erroll Hay, 9th Bart., who has most kindly supplied the writer with much valuable information, copied from his father's family chart which, he states, was once borrowed by the Countess of Erroll to settle a point m dispute with the Marchioness of Tweed- dale, and was photographed in London at that time. For this courtesy of his kinsman, the writer makes grateful acknowledgment. Ctoelftf) feneration Ipp^^ILLIAAl THE HAY OF PARK AND LOCHLOY^ W^ was the eldest son of John the Hay of Park and OT Lochloy, and held charters dated 1 509-151 1. His ^^ name occurs in the following solemn settlement, by afbiter, of the church lands of Croy: — "At Nairne the thretene day of August the yer of God ane thousand four hundredth nynte and twa yeres, we, Alexander Dunbar of Vestfield, James Dunbar of Cromnoch,. Knychtis, Adam Gordon chantar, Wilyame Winchester treasurer of the cathedral kirk of Murray," etc. Also from an Indenture made at Elgin 10 May 1492 between William, Thane of Calder and John his son with Hugh Rose, Baron of Kilravock, the following names are taken : — "Alexander Innes, Alexander Stewart, Chancellor of Murra, Master Thomas Grant official of Murra, William Hay of Lochloy." A royal writ of this period begins as follows : — "James, by the grace of God, King of the Scots, till our Sheriffs of Elgin and Fore, and thri deputies, and to our lovitt John Chene, William Hay of the Park, John Paterson, Andra Ferquharson, and Alex- ander Urquhart, ouer Sheriffs in that part ****** given under our signet in Edinburgh xvi. dai of May and of ouer reigne the first yere. — Ex deliberatione dominorum concilii." The following is accounted an important document in North Country History, and relates to an Inquest of 11 Feb. 143 1, un- dertaken at the instance of Alexander Stewart, son of the Wolf of Badenoch, for ascertaining former tenure of lands. It is given for the mention it makes of John, the father of William the Hay, and for that of other names : — "Ad quam declarationem electi fuerunt et jurati isti sub- scripti: Walterus de Innes de eodem, Donaldus de Calder, Hugo Rose de Balnagown, Alexander M'Cullagh, Johannes Hay de 64 THE FAMILY OF 1 1 AY 65 Lochquhloy, Waltenis Andrec, W'ileliiius CaKlcr, Johannes Willelm de I'othncs, Nicholaus Man, Laurcncius Curran, Gaufridus Schrres, Ang-usius IloraUli, Andreas Grame, Dauid Lommysdcn, Thomas de Chishohn, W'illehiiiis Mykill, et Hugo Ade." — Copied from "The Family of l\ih-avock," puhHshcd by the "Spalding Club." William Hay of Lochloy and Park married Katherine Urqu- hart of Cromartie". /This nuirriage is given in "The Bruces and the Cummings," by Mrs. Cunmiing-Bruce, of whom they were an- cestors ; it is also given by Mr. George Bain, Historian of Nairn- shire, in correspondence with the writer. The following is an extract from Mr. George Bain's letter, and will serve as an introduction to the distinguished pedigree of Katherine L'rquhart Hay, given presently : — Nairn, North Britain, 17th April 1907. "Dear Professor Colcock, "I am in receipt of your favor with remittance to cover cost of 'The History of Nairnshire' and hope it has arrived safely, as it was posted at the same time as 'Lord Brodie.' ****** i shall be glad to assist you in connection with the Hays of Lochloy. Some of the information you ask for will require some searching, but I purpose sending you notes just as I get them ready, without waiting till I have the whole finished. It may interest you to have a view of Inshoch Castle, the last residence of the Hays of Lochloy, which I enclose. "I am glad Mrs. Colcock is pleased with 'Lord Brodie.' The old gen- tleman, I think, has never got justice done him — he is bitterly attacked for his moderation from opposite sides, but after all he was sound in the faith, and right in the main. "I enclose a few notes which may be of use to you. You may depend upon their accuracy. "Yours faithfully, (Signed) "George Bain." Mr. Bain's notes on Katherine Urquhart : — "Katherine Urquhart of Cromartie was wife of William Hay of Loch- loy (1509). The Urquharts of Cromartie have been traced up to .Adam and Eve by Sir Thomas Urquhart, without a single break in the genealogy! Sir Thomas was a famous scholar, a friend of the 'Admirable Crichton/ but a most eccentric character. The first Urquhart of Cromartie known to history, however, is Adam — Sir Thomas is right in this. The following is the state of the case accord- ing to the documents :— In the 13th century, the family of Mowat (then de Monte Alto) were in possession of Cromartie, but early in the following century the estate had accrued to King Robert the Bruce, who granted 66 THE FAMILY OF HAY Cromarty to Sir Hugh Ross, eldest son of William, Earl of Ross, in 1315, and by him it was afterward, in the reign of David Bruce (1329-77). given to Adam de Urquhart. "There are two places which bear the name of Urquhart — a church foundation in Moray and a large estate in Inverness. These (Glen Urqu- hart) with a famous old Castle on Loch Ness. "The accepted account is that one Conacher, a mighty warrior, received the territories of Urquhart and its castle from the King as a reward for services in the war of 1160. He is said to be an Irishman of the royal house of Ulster, and the families of Forbes, Mackay, and Urquhart, look back to him as their common ancestor. "Adam of Cromartie was descended from Conacher the Great's third son; his son John; his son William; his son William; and his son Alexander of Cromartie, Sheriff of Cromarty in 1501, father of Katherine, who married William Hay of Lochloy; his other daughter, Agnes, married Rose of Kil- ravock (from whom the family of Rose m Charleston, S. C). "The Urquharts had large estates in Aberdeenshire, and are said to have had seven mansion houses. They were, many of them, leading personages in Church and State in Scotland." We shall now give on the authority of Burke's Peerage. Htn^agp of 'Kntiitvim Mrquljari 1. William Urquhart of Cromarty, Hereditary Sheriff of that county, married ist Lilias, daughter of Hugh, Earl of Ross, by his wife, the Princess Maud, daughter of King Robert the Bruce by his second wife Elizabeth, daughter of Aylmer de Burgh, Earl of Ulster. (1314) 2. Adam Urquhart of Cromarty, their son, held charters from Wil- liam, Earl of Ross, for lands of Inch, and Rory, in Rosshire, in 1338, and a charter in 1357, from David Bruce, for the Sheriff- dom of Cromarty, and married Brigidia, daughter of Sir Patrick Fleming of Biggar, ancestor of the Earls of Wigton, by his wife, the youngest daughter of Sir Simon Eraser of Oliver Castle, the patriot, whose other daughter married Sir Gilbert Hay from whom descend the Earls of Tweeddale. 3. John Urquhart of Cromarty, his son and heir, living in 1368, married Agnes, daughter of Sir Alexander Ramsay, ancestor of the Earls of Dalhousie — vide the ist part of this book, reign of David II., for an account of Sir Alexander, who was starved to death in the dungeon of William Douglas of Liddesdale. 4. Sir William Urquhart of Cromarty, eldest son and heir, was knighted by Robert III., married a daughter of Sir Alexander, 1st Lord Forbes, by his wife the Lady Elizabeth Douglas ( who married 2d David Hay of Yester), daughter of George Douglas, 1st Earl of Angus, by his spouse the Princess Mary, daughter THE FAMILY OF HAY 67 of King Robert III. (Vide the Line of Forbes which follows presently.) ( M48) 5. Alexander Urquhart of Cromarty, second son, made Hereditary Sheriff of Cromarty, had a charter under the Great Seal from James IV. "Tcrrarum de Fclthar," etc., dated 25 Aug. 1503, married Katherine, daughter of Sir James Ogilvie of Deskford. (Vide tlio Line of Oglivic which is given presently). 6. Katherine Urquhart, daughter, married William the Hay, men- tioned at the head of this section ; and they were ancestors of Colonel Ann Hawks Hay. Sir William Urquhart of paragraph 4 above, married a daughter of Sir Alexander, First Lord Forbes ; we now give his pedigree : — ICiiif of Ifarbta 1. The name is derived from the Lands of Forbes, Douside, Aber- deenshire. John of Forbes was living in the reign of William the Lion. 2. Furgus of Forbes, his son, held charters in 1236, from Alexander, Earl of Buchan. 3. Alexander of Forbes, son and heir, held charters to the same lands from Alexander III., A.D. 1271. 4. John of Forbes, son and heir, besides the lands of Forbes, which he held from the Crown, held charters for Edinbanchirg and Craiglogy from the Earl of Mar, and was Sheriff of Aberdeen. He married Margaret. 5. Sir John Forbes, son and heir, v.as knighted circa 1390, and died 1406; he married' Elizabeth, daughter of Kennedy of Denure, ancestor of the noble house of Cassilis. 6. Alexander, First Lord Forbes, eldest son and heir, was made a Lord of Parliament in 1442, and died A.D. 1448. He married 1423, Elizabeth, daughter of George Douglas, ist Earl of Angus (vide the Line of Douglas, given presently). 7. A daughter married Sir William L^rquhart of Cromarty, and from them descends Cplonel Hay. (Vide paragraph 4 in the line of Katherine Urquhart, given above.) Sir Alexander Urquhart of Cromarty, father of Katherine Urquhart, who married William the Hay (vide paragraph 5 of her lineage) married Katherine. daughter of Sir James Ogilvie of Deskford. We shall now give : — CiiiF nf (^ijilutr (Consult Burke, Edition for 1853, under "Seafield.") I. Sir Walter Oglivic, Knight of Auchlcven, 2d son of the High Treasurer of Scotl.nnd, by Isabel Durward. heiress of Lintrai- thin, obtained permission from the crown in 1455 to fortify his Castle of Findlater; he died 1473. 68 THE FAMILY OF HAY He married Margaret Sinclair, only daughter of Sir John Sinclair of Deskford and Findlater, who raised the banner of the dying Douglas, at the Battle of Otterburn in 1338, the brother of George, ist Earl of Angus. 2. Sir James Ogilvie, Knight of Deskford and Findlater, son of Sir Walter, married Margaret, eldest daughter of Sir Robert Innes of Innes, and died in 1510. 3. Sir James Ogilvie, son, died 1505, in his father's lifetime. He married Agnes, daughter of George, 2d Earl of Huntly. 4. Katherine Ogilvie, daughter of Sir James, granddaughter of George, 2d Earl of Huntly, married Alexander Urquhart, Her- editary Sheriff of Cromarty, who held a royal charter dated 1503. (Vide paragraph 5 in the "Line of Katherine Urquhart." These were ancestors of Colonel Hay.) Under "The Line of Forbes," paragraph 6, it will be noted that Alex- ander, First Lord Forbes, married Elizabeth Douglas, daughter of George Douglas, First Earl of Angus. We shall now give her pedigree to be found in the following : — HittP of SnuglaH "'In the story of Scotland,' says Mr. Froude, 'weakness is nowhere; power, energy, and will are everywhere' ; and this national vigour, deter- mined will, and indomitable resolution seem to have culminated in the 'Doughty Douglases,' "Their stalwart, and tough physical frames, and the strong, resolute, unbending character of such men as 'William the Hardy,' 'Archibald the Grim,' and 'Archibald, Bell the Cat,' types of their race, eminently fitted them to be 'premier peers,' — leaders of men. From the War of Independ- ence down to the era of the Reformation, no other family played such a conspicuous part in the affairs of Scotland as the Douglases. "They intermarried no less than eleven times with the royal family of Scotland, and once with that of England. They enjoyed the privilege of leading the van of the Scottish army in battle, of carrying the crown at the coronation of the sovereign, and of giving the first vote in Parliament. A Douglas received the last words of Robert the Bruce, a Douglas spoke the epitaph of John Knox. The Douglases were celebrated in the prose of Froissart and the verse of Shakespeare. They have been sung by antique Barbour and by Walter Scott, by the minstrels of Otterburn and by Robert Burns. ****** They contributed greatly to the crowning victory of Bannockburn. They sent two hundred gentlemen of their name, with the heir of their earldom, to die at Flodden. There was a time when they could raise thirty thousand men, and they were for centuries the bulwark of the Scottish border against 'our auld enemies of England.' * * * * * * They have gathered their laurels on many a bloody battlefield of France, where they held the rank of Princes, and in Spain, and in the Netherlands, as well as in England and Scotland. THE FA.MIL^' ()]' HAY 69 "They have produced nun nut only of doughty cliaraclcr, but of the gentle and chivalric type, also, like the 'Good Sir James,' and the William Douglas, who married the Princess Egidia, justifying the exclamation of the autlior of the 'Huke of tlie Howlat' — 'O Douglas, Douglas, Tender and true !' "The cradle of the race was in Douglasdale, but their origin is hid In obscurity. 'We do not know them,' says Godscroft, 'in the fountain but in the stream; not in the root but in the stem; for we know not who was the first mean man that raised liimsclf above the vulgar.' ****** jt is alleged by Chalmers that the founder of the family came from Flanders about the year 1147, and was named Thcolbald the Fleming, and received from Arnold, Abbot of Kelso, a grant of lands on Douglas Water (Dhu- Glas, the "Dark Stream') from which the family derived its name. Wyntoun is of the opinion that the Douglases had the same origin as the Murrays, cither by lineal descent or by collateral branch, as they have the same arms, the same stars set in the same manner. Through the innate energy of their character they seem to have sprung at a single bound to the first rank of Scottish nobles." — Dr. Taylor in "The Great Historic Families of Scot- land." We now give Colonel Hay's Douglas ancestors as given in "The House of Douglas," by Mrs. Cumming-Bruce in her book, "The Bruces and the Cummings," page 529: 1. Archibald, 4th Lord of Douglas, tcstibus to charters, died 1240. Married Margaret, daughter and co-heiress of Sir John Crau- ford, by whom two sons : — Sir William, his heir ; and Andrew, by some said to be the ancestor of the Earls of Morton. 2. William, 5th Lord of Douglas, son and heir, on Palm Sunday, at Edinburgh, 1240, signs an Indenture for the marriage of his son Hugh with the daughter of the Lord of Abernethy, settling on them all his lands, and furthermore, those "quae sunt in calumnia inter me et herides Johannis Crauforde." He died 1276. He married Martha, daughter of Duncan, and sister of Niel, Earl of Carrick (1240-50), and aunt of Marjorie, Countess of Carrick, who married Robert de Brus, and was mother of King Robert. They left two sons : Hugh, 6th Lord of Douglas, who married Marjorie, daughter of Alexander and sister of Hugh, Lords of Abernethy d.s.p. and William. (This makes a fourth line of descent of Colonel Hay from the family of Bruce.) 3. William the Hardy, 7th Lord of Douglas, 2d son, succeeded his brother Hugh, who d.s.p.; in 1288, he imprisoned William of Abernethy in Douglas Castle for the murder of Duncan, Earl of Fife; he died in York after seven years of captivity, having been betrayed by his English wife. 70 THE FAMILY OF HAY He married ist Lord Keith's sister, by whom he had two sons : i. Sir James, 8th Lord of Douglas, surnamed "The Good," the friend of Bruce, killed in Spain on his way to the Holy- land with the heart of Bruce (A.D. 1330-31) ; ii. Hugh, 9th Lord, survived his brother James for nine or ten years, re- signed in favor of his nephew William, son of his half-brother Archibald, in 1341-42; iii. Archibald. 4. Archibald Douglas, Lord of Galloway, Regent of Scotland from March to July, 1333, when he was killed at Halidon Hill. He defeated the Balliols at Annan in 1332. He married Dornagilla, daughter of John Cumyn of Badenoch by Mary of Galloway, by whom two sons and a daughter, viz. : t. William, ist Earl of Douglas; ii. Archibald, Lord of Gallo- way; iii. Alianore, married Alexander, 8th Earl of Carrick, son of Edward Bruce. Alexander was killed with his father-in- law, Archibald Douglas, at Halidon Hill. John Comyn of Badenoch was styled "John the Black Comyn," and v/as a Competitor for the Crown in 1292, v/hen he gave in his pedigree; he married Marjorie, a sister to John Balliol; he was the son of John the Red Comyn (No. i) by his wife Marian, by some the daughter of the Lord of Galloway and sister of Devorgoile, by others the daughter of The Lord of the Isles. John the ist Red Comyn was the 3d son of William Comyn, Great Justiciar of Scotland in 1209, and ist Earl of Buchan, by his 1st wife Matilda Urquhart, daughter of Coetisa, daughter of Banquo. (This is a 2d line of descent for Colonel Hay from William ist Earl of Buchan, and also one from Banquo, and four from the Emperor Charlemagne. Vide "The Line of Comyn," Section VL) Archibald Douglas, the 2d son of Archibald the Regent, was made Lord of Galloway after the death of Thomas de Brus A.D. 1380, by King David H. ; he left no legitimate heir, but William the Black Douglas was his natural son, and for his great worth and bravery was given with the lordship of Niths- dale by King Robert H. his beautiful daughter Egidia, by whom he left an only daughter Egidia, who married Henry, Earl of Orkney. His male line extinct. In France William the Black Douglas was Prince of Ranskin and Duke of Spruce. Alianore or Eleanor m. ist Alexander of Brus, 8th Earl of Carrick, and had an only dau. Alianore who m. Sir William Cunningham, and had a grant in 1361, of the earldom of Carrick. Alianore m. 2d Sir James of Sandilands, who was given by her brother William Douglas the barony of West Calder ; her son and heir, S'r James Sandilands, m. Joanna, dau. of King Robert II., the lords Torphichen being their lineal descendants. THE FAiMILY Ol' 11 AY 71 Alianore m. 3d William of Touris ; ni. 4tli nuiican W'alys of Sundruin and m. 5th and last I)y dispensation (1376) Sir Patrick Hepburn of llailes. 5. A. D. 1342. — William, 1st I'.arl of Douglas, and 5lh Lord of Douglas, was sent as a hostage to England for the King, at whicli time he is first styled Earl of Douglas. By some authorities he is said to have married three times, by others only once. He, however, styled Margaret Stewart "My Wife," and it is extremely probable they were married. He m. 1st ante 1343, Margaret of Mar, who, on the death of her brother Thomas, 13th Earl of Mar (A. D. 1377), became Countess of Mar and Lady Garioch, by whom he had James Douglas, the hero of Otterburn, where he fell A. D. 1388, and Isabel, afterward Countess of Mar. It is said that Earl William divorced this lady, who m. 2d Sir John Swinton of Swinton, and that the Earl m. 2d Mar- garet, daughter of the Earl of Dunbar and March, by whom he had Archibald the Grim, who succeeded his brother James as Earl of Douglas in 1388. The Earl of Douglas m. 3d (and with doubtful legality) Margaret Stewart, daughter of the Earl of Angus (who died of the plague 1357-58) and widow of the Earl of Mar who d. 1377, by whom he had a son : — 6. George Douglas, ist Earl of Angus, youngest son of William, ist Earl of Douglas, by his 3d wife. On the 24 May 1397, he married the Princess Mary, grand- daughter of King Robert II., daughter of the king's son later Robert HI., by his wife Annabella Drummond, daughter of Sir John Drummond of Stobhall. (The Drummonds were cele- brated for their good looks.) Mary was the full sister of David, the imfortunate Duke of Rothsay, whose sad fate is portrayed in "The Fair Maid of Perth," and of James, later King James I., of Scotland, the ablest of the Stewart sover- eigns, who was murdered. 7. The Lady Elizabeth Douglas, daughter of George, 1st Earl of Angus, by his wife the Princess Mary, daughter of King Robert III. and his Queen, Annabella Drummond, married in 1423, Alexander, the First Lord Forbes. (Vide Line of Forbes.) 8. The Lady Forbes, daughter, married Sir William C^rquhart of Cromarty, Sheriff of Cromarty. (Vide Line of Urquhart.) 9. Katherine Urquhart, daughter, married William the Hay. (Mr. George Bain, Historian of Nairnshire, and "The Braces and Cumyns," p. 619.) William the Hay by his wife Katherine Urquhart of Cromartie had a son:— ("The Bruces and Cumyns," p. 619). i. John Hay of Lochloy and Park, history follows, in Sect. XIII. 72 THE FAMILY OF HAY g»trmart-SarlB of Angus George Douglas, ist Earl of Angus, married 3d Margaret, widow of Thomas, 13th Earl of Mar, and daughter of Thomas Stewart, 2d Earl of Angus in the Stewart line. We shall give this line: — "Sir John Stewart, who fell at Falkirk with Sir John the Graham in July, 1298, was the uncle of Walter, who married Marjorie Bruce. Sir John married Margaret, only daughter and heir of Sir Alexander Bonkyl of Bonkyl, by whom he had seven sons, and an only daughter who married Thomas Randolph, Earl of Moray and Regent of Scotland. By some it is said that his eldest son. Sir Alexander Stewart, was created Earl of Angus by Robert the Bruce, but in England the Umphra- villes were still so entitled, but 1. John Stewart, son of Sir Alexander, is the first Stewart whose name appears as a witness when Randolph was 'custos regni Scotiae' as Earl of Angus, Lord of Bonkyl and Abernethy, having married in 1329, by special dispensation, Margaret, eldest daughter of Sir Alexander de Abernethy. John had a sister Isabel married ist to Donald, Earl of Mar, by whom she had Thomas, 13th Earl of Mar, and Margaret, who succeeded her brother and married William, ist Earl of Douglas. 2. Thomas Stewart, 2d Earl of Angus, only son, married Margaret, only daughter of Sir William Sinclair of Roslin. He assisted in the taking of Berwick in 1352; but suspected of conspiracy by David II. was imprisoned in Dumbarton Castle, where he d. of the plague, 1321. 3. Lady Margaret, daughter, married ist her cousin Thomas 13th Earl of Mar, who d.s.p. in 1377; she married 2d William, ist Earl of Douglas, by whom : 4. George Douglas, ist Earl of Angus, on the resignation of his mother when he was seven years old. He married, at the age of sixteen, Mary, daughter of Robert III., as has been already set forth. 5. The Lady Elizabeth Douglas, daughter, married Alexander, ist Lord Forbes, in 1423. 6. Lady Forbes, daughter, married Sir William Urquhart of Cro- marty. 7. Katherine Urquhart, daughter, married William the Hay, Lord of Lochloy and Park, by whom : — i. John Hay of Lochloy and Park, history follows in Section XIII. Under the preceding table — The Stewart-Earls of Angus — it is shown in paragraph 3, that Thomas Stewart married Margaret, daughter of Sir William Sinclair (St. Clair) of Roslin. This marriage may also be seen in the 1853 edition of Burke, p. 152, THE FAMILY OF HAY y,^ where is given the lineage of Sir William St. Clair, and it is there stated that he married Isahcl, daughter of iMalise Earl of .Strat- hearn (he was 7th Earl) by his 2>^\ wife Matilda, daughter of Magnus, Earl of Orkney and Caithness. (Yide "Earldom of Strathcarn" of this book, Section H., paragraph 7.) Matilda's Norse origin from "Earl Rognvald, The Wise and Mighty" is full of interest and we give it in the next table. Earl Rognvald was also an ancestor of Colonel Hay through William the Conqueror descended from Rollo his son, and also an ancestor of Colonel Hay through the line of King Robert Bruce — therefore this early Scandinavian Count Rognvald should possess peculiar interest to our readers — who are trebly his descendants. The lines of Bruce and William the Conqueror will be given later — we shall now present the Norse origin of Matilda, wife of Sir William St. Clair of Roslin circa 1318, which is to be found in the fol- lowing : — EarI^^m of (Drknrg anft (EaUhnraH (Taken principally from "The Bruccs and Cumyns.") "It is to Scandinavia and its sagas we must look for the history of our Pagan ancestors and their conversion to Christianity. "The Scalds who wrote the sagas were mostly Icelanders ; but from the day of Harald Haarfager, families had become so dispersed that hereditary interests and the rights to property in Iceland and Orkney were involved in what w-as transpiring in Northumberland and Norway, as well as at Dromtheim. "The Odiial or Udal Holding was the only tenure of lands recognized in Scandinavian kingdoms. It was transmitted by Odin's followers to their offspring as the dearest of their free institutions. "It was a tacit entail upon the primal occupant and his heirs, inalienable while one udal-bron descendant should live to claim it — or to reclaim it from the stranger, if alienated in his absence or childhood. The sagas, therefore, were far from being fairy tales, as some appear to suppose, but were registers of public and private events, by means of which each man might claim his rights on his return from distant lands. Let us then refer to the Saga of Harald Haarfager: — "King Harald Haarfager, or the Fair-haired, succeeded when he was ten years of age, to the dominions of his father. Halfdan the Black. His mother. Queen Ragnhilda, daughter of Sigurt Hiort, a king in Ringerige, had a brother, 'Guttorm,' who was Harald's guardian. Harald sent to ask Gyda, daughter of King Eric of Hordaland, in marriage, but she refused unless he made himself king of all Norway. ****** Upon this Harald vowed to become sole king, and, with Guttorm's help, he became so. 74 THE FAMILY OF HAY "Harald fought and conquered in many battles and over each district he set an earl, in place of the king he had subdued. "At last, after the battle of Haversfiord, A. D. 885, he became sole king of Norway, and made Drontheim his capital. Many of the discontents fled and it was then Iceland and the Faroe Isles were discovered and peopled. There was also a great resort to Shetland, and many took to viking in the West Sea. In winter they were in the Orkneys and the Hebrides, and in summer they marauded in Norway, and did great damage. There- fore one summer King Harald sailed with his fleet right out into the West Sea. First he came to Shetland and slew all the vikings who could not save themselves by flight ; then southward, to the Orkneys, and cleared them of all vikings, then to the Hebrides, and slew many vikings who had men at arms under them. He then plundered, far and wide, in Scotland itself, and had a battle there. Afterward he went to the Isle of Man, but the people had all fled. "In this war fell 'Ivar,' eldest son of *Earl Rognvald. Earl Rognvald was the son of *Eistein Glumre, and was Harald's greatest friend. When the kings were conquered, Rognvald was made Earl of North and South More or Moeri, and afterward of Raumdal also ; and it was at a feast at Rognvald's house in Moeri that Harald received the name of 'Haarfager,' Fair-haired, having taken a bath and had his hair cut and combed, after ten years, for he had taken a vow not to do so till he had conquered all Norway; so Earl Rognvald called him 'The Fair-haired,' and all men thought it just. "Now when Ivar fell. King Harald gave Earl Rognvald the Orkney and Shetland Islands as a compensation for the loss of his son ; but Rogn- vald immediately gave both to his brother 'Sigurt,' who remained there; and Harald, before sailing eastward, gave him the earldom. ****** "Earl Rognvald was the son of Eistein Glumre, who was the son of *Thebotan, Duke of Sleswick and Stermace A. D. 721, who fled into Norway by reason of the Danish tyranny, and married *'Jocunda,' daughter of Hunheafter, King of North and South Moeri. "Thebotan married second *Ascrida, daughter of Rognvald, son of Olaus, King of Norway, whose sons were : i, *Rognvald ; 2, Sigurt. "Sigurt, therefore, became the first Jarl of Orkney and Shetland, and soon made himself very powerful, conquering Caithness, Ross, Moray, and the Sudrlands. Elgin is said to have been founded by him and called after his favorite general, 'Helgy.' ****** We are not told how long Sigurt held it, nor the date of his death. He died at Burghead — the Phoroton Strapeton of the Romans, the 'Broch' of the Danes and Nor- wegians — after a great battle in which he slew his opponent, the Scottish earl, 'Melbridg' (probably the grandfather of Macbeth) ; but the dead man's projecting tooth did what his armed hand could not do, inflicted a wound on Sigurt's leg as he carried off the head slung to his saddlebow, and caused his death. THE FAMILY OF 11 AV 75 "Earl Sigurt married Jocunda, daughter of Olaus the White, King of the Danes in Dublin. With her brother, 'Thornstcin the Red,' he entered into a partnership, and they overran Scotland, and took possession of all north of tlie Oichel River. "Gulthorm, Sigurt's only son, succeeded, but dying within a year with- out heirs, the Earldom returned to Earl Rognvald, who was still alive. "And here we may remark that although llarald had appointed sixteen earls in Norway — one over each district — when he suppressed the small kings, tlioy appear to have been merely collectors of his 'scatts' or land tax, with the exception of 'Rognvald, the Wise and Mighty,' whose family were the only hereditary nobles under the Norwegian crown exercising a kind of feudal power. The Earls of Orkney of this line became almost independent, only paying military service and a nominal quit-rent when obliged to do so. "Ilallad, or Halloden, was next sent by his father, Earl Rognvald, to be Jarl of Orknej', but finding the vikings troublesome, soon returned to Norway and took up his udal rights again. When Earl Rognvald heard this he was ill pleased, and said his sons were very unlike their forefathers. Then said his son 'Eynor,' 'I have enjoyed little affection or honor amongst you, and if you will give me force enough, I will go west ; and I promise you, at any rate, what will please you, that you shall never see me again.' So Earl Rognvald gave Eynor his son a ship fully equipped, and he sailed for the West Sea in harvest. "When he came to the Orkney Isles, two vikings, 'Thorar Treaskeg' and 'Kalf Sturfa,' were in his way with two vessels, and he attacked and slew them both, and slew the vikings. He was therefore Earl, and a mighty man o'er those seas. ****** He was called 'Turf Eynor' be- cause he taught the people to cut turf for fuel, there being no wood in Orkney. "Besides Ivar, who was killed, Earl Rognvald had five sons : — Thorer, who became his successor in Moeri ; Hallad or Halloden; *Eynor; Hrollong; Rollo or Rolf Ganger, the famous conqueror of Normandy, whose mother was *Hilda, daughter of *Rolf Naefia. Earl Rognvald's daughter Hilda married Sigurt Rice. King Harald's son. Meanwhile Harald m. Gyda ; and it is recorded that when he took to wife 'Ragnhilda the Mighty,' daughter of King Eric of Jutland, he put away nine wives. "Ragnhilda was the mother of 'Eric Bloodyaxe,' the most beloved son of the king, who intended him to be head king over all the others, but the people preferred Halfdan the Black. "By Asa he had four sons. Gulturm, the eldest, was fostered by Duke Gulturm, uncle to the king — who poured water over him, calling him by his own name — and Harald gave him the government of Viken when he died in his bed at Tonsberg before 893. "Halfdan the Black and Halfdan the White were twins, also sons of Asa, and Sigfrod also. "By Gyda, daughter of Eric king of Hordcland, he had Alaf, his daughter Hraerick, Sigfrig, Erode, and Thorgill — the two last were kings 76 THE FAMILY OF HAY in Ireland. "By Swanhilda, daughter of Earl Eistein, he had Olaf Geistadalf, Biornr- and Ragnor Ryskill. "By Ashilda, daughter of King Dagson, he had Dag, Skirra, and Ingegred. "By Snaefrig, a beautiful Laplander, he had Sigurt Rice, Halfdan Haaleg, Gudrod Liome, and Rognvald Rettilbeen. "After a time, as the sons of Harald Haarfager grew up (when he was about forty years of age, circa 889), they became jealous of the power of Earl Rognvald. Two of them, Gudred Liome and Halfdan Haaleg, as- sembled forces, surrounded Earl Rognvald's house, and burnt him and sixty men in it. Then Gudrod took possession of the earldoms of Moeri and Raumdal, but Halfdan took three long ships and sailed for Orkney. King Harald assembled a large force and drove his son Gudrod out of Moeri and banished him, and installed Thorer the Silent, eldest son of Rognvald by Hilda, daughter of Rolf Naefia, in his father's dominions, giving him his daughter Alaf Arbot in marriage. "When Halfdan Haaleg arrived in Orkney, *Eynor, who was earl there, fled at first to the mainland, but soon came back and had a battle with Haaleg, who was defeated and took to flight. "Eynor and his men lay all night upon the ground and in the morning sought the whole island for Haaleg. Then Eynor said, 'What is that I see upon the Island of Ronaldsha? Is it a man or a bird? Sometimes it raises itself up, and sometimes lies down again.' They went and found it was Halfdan, and they took him prisoner and killed him by cutting a spread eagle on his back, to avenge the burning of Earl Rognvald. Then Eynor sang : — "'Where is the spear of Hrollong? Where Is stout Rolf Ganger's bloody spear? I see them not — yet never fear ! For Eynor will not vengeance spare Against his father's murderers though Hrollong and Rolf are rather slow. And silent "Thorer" sits and dreams At home beside the mead-bowls' streams.' — Laing's Sea Kings of Norway. "When the tidings of Haaleg's death reached Norway, his brothers took it much to heart, and thought his fate demanded vengeance. So King Harald ordered a levy and proceeded to Orkney in great force, and Eynor fled to Katenes ; but men and messages passed betwixt them, and at last a conference was held, when the Earl submitted to the King's decision that he and his people should pay him sixty marks of gold. But Eynor took upon himself to pay the whole fine on condition that his people resigned, to him their udal rights, which thus became vested in the earl, and so con- tinued until the days of Sigurd Lodvison (ante 1014). THE FAMILY OF HAY yj "When Kinp Harald was seventy years of age, he had another son by 'Thora,' who came to be king and was called 'Hakon the Good,' or 'Hakon Adalstein's fostre' — Athclstane's foster-son — for his father sent him to Eng- land to be fostered by King Athelstane, who had him baptised and brought him np a Christian. "Hakon was much beloved by all good men and especially by Athel- stane, who gave him a sword of which the hilt and handle were of gold, and the blade so fine that it cut through a millstone to the centre eye; and the sword was called 'Quernbitcr.' Mc was the youngest of all King Harald's sons, and the only one who escaped being murdered by 'Eric Bloodyaxe.' "*Rollo or Rdlf, sometimes called the 'Ganger,' Earl Rognvald's son, became a great Viking. He mauraded in England, and in summer landed on the coast of Norway and made a cattle foray ; and King Harald hearing of it assembled a Thing, and made Rollo an outlaw all over Norway. When Rolf Ganger's mother, Hilda, heard this, she hastened to the King to en- treat his pardon, but the King was so angry that he would not listen. Then she sang : — " 'Think'st thou. King Harald, in thine anger To drive away my brave Rolf Ganger Like a mad wolf from out the land? Why banish Naefia's gallant name-son, The brother of the brave udal-men? Why is thy cruelty so fell ? Bethink thee, monarch, it is ill With such a wolf at wolf to play. Who, driven to the wild woods away, May make the King's best deer his prey?' Laing's Sea Kings of Norway. "Rollo went over the seas, west to the Hebrides, or Sudreyar, our Sodor, and Man, and from thence to Valland, where he subdued a great earldom, which he peopled with Northmen, and from them it was called Normandy." It is not possible within the Hinits set for this little vokime to reproduce the sagas of the remaining early kings of Scandinavia. If our readers are interested in these interesting details relating to their Scandinavian origin, they should read Mrs. Bruce Cumming's most valuable work, "The Family Records of the Cummings and the Bruces" — a standard work, and magazine of genealogical and historical lore. The author was the wife of the Hon. Charles Lennox Gum- ming, M. P., representing Inverness, who assumed the name and arms of Bruce by right of his wife. She was a granddaughter of James Bruce, the celebrated Abysinnian traveler and author of 78 THE FAMILY OF HAY African Explorations. James Bruce was really James Hay, a great- grandson of David Hay of Woodcockdale, and a son of David Hay who, marrying Helen Bruce of Kinnaird, assumed her name un- der the requirements of her father's will regulating the succession of his property. Thus J\Irs. Cumming-Bruce was related to Colonel Hay, and as their origin was the same in many lines, we shall quote fre- quently from her work. In the above saga all names starred are progenitors of Colonel Hay. In order that our readers — his descendants — may under- stand this, the following table is here introduced for their benefit : — 1. *01aus or Olaf, King of Norway, had two sons, Rognvald and Sigurt. 2. *Rognvald, his son, having married had a daughter : — 3. *Ascrida, married Thebotan, Duke of Sleswich and Stermace, A.D. 721, who had fled from the tyranny of the Danes. They had a son : — 4. *Eistein Glumre, who married and had a son : — 5. *RognvaId the Mighty, Earl of Moeri, in Norway, and of Orkney, he died 890, and had a son : — 6. *Torf Eynor, Earl of Orkney 910, who had a son : — 7. *Thorfinn the Skull Splitter, Earl of Orkney 950, who had a son : — 8. *Hlodver, Earl of Orkney, 870, and had a son : — 9. *Sigurd the Stout, Earl of Orkney, slain at Contarf 1014; had son : — 10. *Thorfin, the famous Earl of the Orkneys and Caithness, grand- son of King Malcolm II. of Scotland, had a son : — 11. *Paul, Earl of Orkney 1090, had a son: — 12. *Hakon, Earl of Orkney iioo, had a daughter: — 13. *Margaret, married Maddad, Earl of Athol circa 1140, had a son: — 14. *Harald Madadson, Earl of Orkney 1139 to 1206, married 2d a daughter of MacHeth, Earl of Ross and Moray, descended from Gruach, Lady Macbeth, and also sprung from Somerled, Lord of The Isles: By 2d wife he had sons: — Henry, who claimed his mother's rights over Ross and Moray ; David ; and John. Harald married first AfFreca, a daughter of Duncan, Earl of Fife, by whom a son Thorfin, who died a hostage circa 1202. 15. *John, youngest son of Harald by his second wife, was the last Norse Earl of Orkney and Caithness, and died 1231. King Alexander II. came from Jedburgh to Caithness and after some negotiation, took from him Sutherland, which he gave to Hugh Freskyn, whose son William was created first Earl of Sutherland in 1232. THE FAMILY OF HAY 79 i6. Daughter of John, last Norse Earl of Orkney and Caithness, married *Gilbridc (Gilbert), Earl of Angus; they had a son: — 17. *Magnus II., acknowledged Jarl of Orkney by Hacon IV. of N'or- way, and Earl of Caithness by Alexander II. of Scotland. (1240) 18. *Gilbride, son of Magnus II., Earl of Caithness, had son: — (1250) 19. *Magnus III., Earl of Caithness, (1260) 20. *John, Earl of Caithness, son, married a daughter of Eric, King of Norway, (1300) 21 *Magnus IV., his son, married and had son : — 22. *Magnus V., last of tlie male line of Angus Earls of Orkney and Caithness. He married Sophia, daughter of Ferquhard, Earl of Ross, and left an heiress : — 23. *Matilda, married Malyse, Earl of Strathearn, who became in her right Earl of Orkney and Caithness. Besides a son Ferquhard, tliey had daughters : — i. Matilda, m. William, Earl of Ross, and had a gift of the earldom of Caithness confirmed by David II., 1362; their line ended in Euphemia, Countess of Ross, m. Sir Walter Leslie, and Lady Joanna, m. Sir Alexander Eraser of Philorth. ii. Isabel, m. William St. Clair of Roslyn, had Henry, whose homage was accepted by Hacon VI. of Norway, 1379, Earl of Orkney, iii. Matilda, m. Hugh de Arth and had a son Alexander, who in 1375 was styled "Representative of the Earls of Strathearn, when he inherited and resigned the earldom of Caithness to Robert II., who thereupon granted two charters to David Stewart his eldest son by second marriage, iv. Mariot, who married Reginald le Cheyne. 24. *Isabel, daughter of Matilda and Malyse, married S'r William St. Clair of Roslyn (vide Burke A.D. 1353, p. 152.) 25. *Margaret St. Clair of Roslyn, daughter, married Thomas Stew- art, 2d Earl of Angus. 26. *Lady Margaret Stewart, daughter, married 2d William, 1st Earl and 5th Lord of Douglas. (Was his 3d wife.) 27. *George Douglasson, ist Earl of Angus in the Douglas line, mar- ried the Princess Mary, daughter of King Robert III. of Scot- land. 28. *The Lady Elizabeth Douglas, daughter, married Alexander, ist Lord Forbes. 29. *Lady Forbes, daughter, married Sir William Urquhart of Crom- arty. 30. *Kathcrine Urquhart, daughter, married William de la Hay, Lord of Lochloy and Park ; by whom : — i. *John Hay of Lochloy and Park, whose history follows in Section XIII. ^fjirteentJ) feneration ^^P^^OHN HAY OF LOCHLOY AND PARK was the ^ T ^ eldest son of William the Hay, Lord of Lochloy ^ I ^ and Park, by his spouse Katherine Urquhart, ^ »/ ^ daughter of Sir William Urquhart, Sheriff of that ^^^^^ ilk. He died A. D, 1563. John married Isobel Dunbar, who died A. D. 1554, and was buried with her husband in the graveyard of the cathedral of Auldearn, where the inscription of their deaths on a monument in the chancel was recently sent us by the Rev. James Bonallo of Auldearn, who mar- ried a daughter of the "Dowager Lady Dunbar of Boath." The following is an extract from one of the Rev. Mr. Bon- allo's letters, with extracts also from a letter written him by Mr. Bain : — "I duly received yours of the 28th of December and handed it to our local historian, Mr. Bain, and I enclose his reply. He knows more about these matters than any others of my acquaintance. It turns out strangely enough that your wife and my wife — who is daughter of Dowager Lady Boath in this parish — are Scotch cousins. I may explain that Sir Alexander Dunbar of Boath, to whom you wrote, died some years ago. "Yours faithfully, "James Bonallo." "I have looked over Prof. Colcock's genealogical record and find it quite correct in the older period, though I am satisfied the Hays had pos- session of Lochloy at a much earlier date than is assigned them. You will find my reasons stated at page 206 of my History of Nairnshire, also see page 257 for further information. 1. Bennangefield, or Bennetsfield, is in Ross-shire and now forms part of the Rosehaugh estates. The Dunbars of Bennangefield were de- scended from Patrick, sixth son of Sir Archibald Dunbar of Westfield, the same ancestor as that of Mrs. Bonallo, so that your American correspondent and your wife are Scotch cousins. 2. John, who married Isobel Dunbar in IS54, died in 1563, leaving several sons: — John, who succeeded him; David and Alexander of Foynfieid; and George, who dying in 1600, left a son Alexander, who married Catherine Skene, and became Sir Alexander Hay of Fosterseat. 80 TlIK I-AMILY Ol- HAY 8i The Hays of Kinfauns, of Monckton, of Woodcockdalc, and of Carru- T)cr, all derive from the Hays of Lochloy about this period. 3. David Hay of Lochloy (No. 8 in list) married Marie Rose of Kil- ravock in 1605, and when she died it is said no less than 1 10 of her descend- ants wore tlien in life." — From Mr. Bain to Mr. Bonallo. We now introduce tlio inscriptions sent us by the Rev. James Bonallo. copied by him from tlie monument in the cliancel of the Cathedral of .Vuldearn, relating- to the foregoing John Hay of Lochloy. his son John, and the hitter's son Master Alexander Hay of Kinnudic: — "This is the sepulcre of Johe Hay of Lochloy, who departed in the yeir of God 1563, and of Isobel Dunbar his spous, who diet in the yeair of God 155- ; as also of Johne Hay of Lochloy, Laird of Park, his son, who diet in the moncth of Januar, in the yeair of God 1598, and of Janet Sutherland his spous, who diet in the moneth of Januar, in the yeir of God 1587, parentis to Master Alexander Hay of Kinnoudie." "Monumentum Sepulturae ^L A. H. de Kinnoudie, qui obiit i April 1616 ej usque posteroruqi." "In ecclesiaste ornamentum conditum mutatur mundus mundique illus- tria cuncta tempore f^accescunt more fluentis aquae en tres in triuno tumulo conduntur at una germani fratres filius atque patris est haeros genitor grand- aemus nobilis Inschoche." Translation of the last inscription : — The world is changed into an ele- vated church-memorial, and all the noble things of earth at this time are beginning to pass away after the manner of flowing water. Behold three full brothers find a resting place together in a single grave, while another son of his father, a grand and noble chief, lies at Inschoch. The above inscription agrees exactly with the one given by Mrs. Cumming-Bruce, with the exception of the date of the death of Janet Sutherland, and she likewise gives an additional Latin inscription recounting some" of the glories of the Hays of Lochloy. The lineage of Isobel Dunbar will be found in the following: — tarliiouiB nf Dunbar, fflarrli anli fHorag The Dunbars were descended from Gospatrick, Earl of Northumberland in 1068, who was implicated in the death of Robertas de Comyn, and fled from the wrath of King William I., to the court of his kinsman, Malcolm HL, King of Scotland. King ^L^lcolm granted him the earldom of Dunbar and made him Defender of the >L-irches. Gospatrick was the son of Maldred by Algitha, daughter of Uchtred, who had been Earl of Northumberland in the reign of Canute, and was like- wise a descendant of Malcolm H. 82 THE FAMILY OF HAY In this line was Patrick, pth Earl of Dunbar and March, to whom we- shall return presently. After the death of Edward Bruce, the king's brother, his nephew Thomas Randolph, was appointed Guardian of the Realm, and of the heir,, in case of his being under age at the time of the death of Robert I. and failing him these offices to devolve to Lord James of Douglas. 1. Thomas Randolph, Earl of Moray, died, leaving by his countess Isabel, daughter of Sir John Stewart of Bonkyl, two sons, Thomas and John, and two daughters, Agnes and Egidia. 2. Thomas, second Earl, died without issue twenty-three days after^ his father. 3. John Randolph, 3d Earl of Moray, a prisoner in England from 1335 to 1341, married the Lady Euphemia de Ross, who married secondly by Papal dispensation King Robert II., in 1355. John was killed at Durham in October, 1346, leaving no heir. 4. On the death of both her brothers, the heroic Lady Agnes Ran- dolph, who had married Patrick, 9th Earl of Dunbar and March, assumed the title of Countess of Moray, and thus in Patrick was united the three earldoms of Dunbar, March and Moray, which descended and was confirmed to their second son : — 5. John Dunbar, 2d son, on his marriage to Marjorie, daughter of King Robert II., by his ist marriage for which a Papal dispen- sation had been obtained. (This gives another line of descent for Colonel Hay from the Bruces.) John was killed in a tournay in 1394, leaving two sons, Thomas and Alexander, and a daughter Mabella, married Rob- ert, 6th Earl of Sutherland. 6. Thomas de Dunbar, Earl of Moray, was taken prisoner at Homil- don, in 1402, afterward hostage for the King, died in England leaving a son Thomas de Dunbar, Earl of Moray in 1408, who signed the marriage contract of his sister Euffame with Sir Alexander Cumyn of Altyre. He likewise had a daughter, Janet, married to Hugh, Lord Lovat. Contract dated at Fyndle- teer Castle, 9 August 1422, but his uncle's son became the earl. (It was this Thomas, Earl of Moray, who released John the Hay from an engagement to marry his daughter, and we hope this daughter was Janet, for if so she was not long left dis- consolate. Vide Sec. IX. of this work.) 7. Alexander de Dunbar, second son of John, the 4th Earl, married Mauld Eraser of Lovat, and left : — 8. James Dunbar, son, who succeeded his cousin Thomas in the earldom. He married ist his second cousin Isobel, daughter of Sir Walter Innes of Innes. She died before the Papal dispen- sation arrived, and the marriage was not recognized as legal on account of the relationship. Tlili 1AM ILY UI< HAY 83 James married 2d Lady Janet Gordon, eldest daughter of Alexander, ist Earl of Iluntly, and dying in 1430 was succeeded by the husbands of his dauKhtcrs — the eldest having married Sir William Creighton, got I'"rcndraught in tocher; the second marrying Archibald Douglas, brother to the Earl of Douglas, possessed the earldom until 1425 when he was attainted. 9. Sir Alexander Dunbar of Wcstfield, son of James Dunbar, 5th Earl of Moray by his first wife, Isobcl Innes, was debarred the succession, and became the stem (says Mr. Hew Rose) of all the extant families of Dunbar. He married Tsobel Sutherland, daughter of Alexander Suther- land, Lord of Duffus, by his wife Morella (or Muriel) Chisholm, heiress of Quarrelwood, and by her had issue : — i. Sir James Dunbar of Cumnock, who died in 1504. ii. Sir John Dunbar of Mochrum, who was killed in 1505. iii. Alexander Dunbar of Kilbinack, killed in 1498. iv. Gavin Dunbar, Bishop of Moray, died in 1532. V, David Dunbar of Durres and Grangehill, who died in 1521, and was succeeded by his son: — Alexander in 1523, who was succeeded by his son : — Robert, who m. Christian Zearmouth, and was s. by his son : — David, obtained charter of erection of Durres into a barony in 1569, and was s. by his son : — Mark, served heir to his father in 1569, and sold the estate of Durres to Sir John Campbell of Cawdor, and purchased the lands of Grangehill in Moray, and was s. by his son : — Ninian Dunbar of Grangehill, who m. ist a dau. of Lord BanflF, m. 2d a dau. of Dunbar of Bennangefield, and was s. by his son : — Sir Robert Dunbar, who was knighted by Charles H., and married Grizzel, only dau. of Alexander Brodie of Brodie, styled Lord Brodie, who was s. by : — Alexander his brother, who was s. by: — Thomas, son, m. Janet Dunbar, heiress of VVestfield in 1749, who sold the property of Grangehill, and ceased to be connected with Moray, vi. Patrick Dunbar, Chancellor of Aberdeen and Caith- ness. He died in 1595, and was founder of the family of Bennangefield. The following is an inscription on a tombstone in Elgin Cathedral : — "Here lies Mr. John Dunbar of Bennethfield, who died 2d Dec. 1590, and Margaret and Isobel Dunbar his spouses, who died 3d Nov. 1590, and 4th Dec. 1603," etc. vii. Janet Dunbar, who was Lady Inncrugie. It would appear from the above that Isobel Dunbar, who married her neighbor Jolin Hay of Lochloy and Park, and named 84 THE FAMILY OF HAY one of her sons Patrick (a name appearing for the first time in the family of Hay), was a daughter of either David Dunbar of Durres and Grangehill, or of Patrick Dunbar, Chancellor of Aber- deen and Caithness, or a granddaughter. John Hay of Lochloy and Park, by his spouse Isobel Dunbar, had the following sons : — i. John Hay of Lochloy and Park. His history follows in Section XIV. ii. David Hay of Foynfield. He was witness in 1571 to his nephew's marriage contract, iii. Alexander Hay of Foynfield (sometimes Tynefield). He m. ist a daughter of Innes of Innes, and m. 2d a Hepburn (1577). iv. George Hay, died ante 1606, leaving a son Sir Alexander Hay of Fosterseat, who m. Catherine Skene, charters 1603-30; he had a son : — Alexander Hay of Warriston : — whose son left a daughter: — Janet Hay (1625). V. Patrick Hay. (Vide "The Bruces and the Cumyns," p. 619.) vi. John Hay the 2d. As Colonel Hay descends from Morella or Muriel Chisholm by at least two lines, and since living in Charleston, S. C, is an- other family — the family of Dr. Arthur Rose — which likewise descends from Morella Chisholm, we give the following note re- lating to their origin : — "The name of Chisholm was right ancient in the south, where Chisholm of that ilk enjoyed a good fortune in Teviotdale. ****** j have not learned upon what occasion they sold their lands in the south and made a purchase in the north, if it was not upon their being made Governors of the Castle of Urquhart. That castle with the barony of Urquhart was originally a portion of the estate of Cumyn, Lord Badenoch. But upon the forfeiture of that family in the reign of Robert Bruce, the castle became a royal fort whose governors were appointed by the crown to which it was annexed in 1455. In 1334, Robert Louder was Governor of the Castle, and probably his grandson. Sir Robert Chisholm, succeeded him. I do not find Sir Robert Chisholm left any issue except the Lady Kilravock (Rose), and he was suc- ceeded by his brother Sir John Chisholm, who, upon the demise of his grandfather Sir Robert Louder of Quarelwood, got the lands of Quarel- wood, Brightmonie, Kinsterie, etc. John Chisholm having a son Sir Robert Chisholm of Quarelwood, the latter had only a daughter Morella (Muriel), who married Alexander Sutherland of Duffus, which brought into that family a rich accession of lands formerly belonging to the Louders." — From "Fam. of Kil." Extract from "History of Nairnshire," p. 227 : — THE FAMILY OF HAY 85 "The old castle stood on a high ridge commanding a wide view both of the country inland and of the coast seaward. Dinner at that time was a mid-day meal, and the sun was hardly in the zenith when Queen Mary was (nice more in the saddle and riding down the brae of Moyness toward Auldearn. Her host at Moyness was John Dunbar, of the family of West- field, hereditary sheriffs of Moray, and if the Dean of Moray was in his own parish at the time, the Queen would have made the acquaintance of another Dunbar, whose stately mansion, rising three stories in height, and surrounded by fine trees, must have attracted her attention. The old Kirk of Auldearn standing on the high ground which the pres- ent edifice still occupies must have been a prominent object at the time. The village itself was a hamlet of detached houses and gardens on the slope, with the mill and brew-house on the low ground in front. Kinnudie would have been visible from the high road, and on the slope further to the south were the homesteads of Knockaudie, Park, and Ballacraggan, with numerous cottar houses belonging to the Hays and their subtenants. Anchnacloich was possessed at this time by a family of the Roses." In this connection the following little clipping, full of pathos, will be of interest to our readers : — "January 22 — For twa hundred year an' mair, there's been a Baxter at Burnbrae, and a Hay at Kilspindie; ane was just a workin' farmer, and the other a belted earl, but gude frcends and faithfu'; an', ma Lord, Burnbrae was as dear to our folk as the castle was tae yours. "A' mind that day the Viscount cam o' age, an we gaithered to wis' him weel, that a' saw the pictures o' the auld Hays on yir walls, an' thocht hoo monie were the ties that bound ye tae yir hame. "We haena pictures nor gowden treasures, but ther's an auld chair at cor fireside, an' a' saw ma grandfather in it when a' wes a laddie at the schule, an' a' mind him tellin' me that his grandfather had sat in it lang afore. "It's na worth muckle, an' it's been aften mended, but a'll na like tae see it carried oot frae Burnbrae." — The Days of Auld Lang Syne. Jfourteentf) feneration pHN HAY, LAIRD OF PARK AND LOCHLOY, J^ was the eldest son and heir of John Hay of Loch- ^ loy and Park, by his spouse Isobel Dunbar, ant ^ died in 1598 (vide tombstone inscription of pre- ^^ vious section, also p. 619 of "The Bruces and the Cumyns," and "History Nairnshire"). The following extract is taken from page 258 of the publica- tion "The Family of Kilravock," published by "The Spalding Club" :— "I Johne Hay of Lochtloy grantis me to have ressauit fra ane rycht honorable man Huchone Rose of Killraock the sum of four hundrycht marks usuall money of Scotland, in part of payment of ane muir sum promisit me by the said Hucheon Rose, in name of doit and tocher guid, be contrak of mariage solemnizet betuixt my sone and apparent heir Johne Hay and Margaret Rose dowthir of the said Hucheon. ****** At Elgin the xxj day of October, the yeir of God im sc threescor eleven yeirs, before the witness Alexander Hay of Fynesfield, William Hay burgess of Elgin, Daniel Hay, and William Douglas, Notary Publict." John Hay of Lochloy and Park married Janet Sutherland, who died A. D. 1587, the daughter of William Sutherland of Duffus. (This marriage is mentioned in "The Bruces and the Cumyns," pp. 619-20; by Mr. Bain, the author of "The History of Nairnshire," and by Burke in "The History of The Commoners," p. 594, with a statement that William Sutherland was descended from the earls of Sutherland and was the ancestor to the Lords DufTus.) The following letter to the writer gives Sir Robert Gordon, A. D. 1630, as authority for the lineage of William Sutherland, of Duffus, the father of Janet: — "Stafford House, London, S. W., Mar. 28, 1906. Dear Sir, The Duke of Sutherland desires me to acknowledge your letter of the 28th ult., and in reply to forward the enclosed copy of part of a genealogical table of the House of Sutherland, which gives the information you ask for. 86 THE FAMILY OF HAY 87 This table was of a scries very carefully prepared by Sir Robert Gordon, Historian of Sutherland in 1630. ♦♦**♦* Yours faithfully, Alexander Simpson, Private Secretary." The following is the record ; — &utItrrIau^-fluffua I. Four traditional ancestors wlio were Thanes of Sutherland from whom I->cskyn, Baron of Stratiil)rock, West Lothian; and of DufFus in Moray under King David I., 1124-53; who had sons: — Hugh Frcskyn c. 1214; William, who had charter of Duffus from William the Lion ; and Andrew. 2. William, son, ist Earl of Sutherland, c. 1235, d. 1248. 3. William, 2d Earl of Sutherland, son, d. 1307; had sons: — William and Kenneth. 4. William, 3d Earl of Sutherland ; d.s.p. 5. Kenneth, 4th Earl of Sutherland, son of William, 2d Earl, had sons: — William and Nicholas (by his wife, Mary, dau. Donald, I2th Earl of Mar). 6. William, 5th Earl, married the Princess Margaret Bruce, d. 1370. From him descended the later Earls of Sutherland. 7. Nicholas, Lord DuflFus, 2d son of Kenneth, the 4th Earl, married Mary, daughter of Reginald le Cheyne by Mary, Lady of Duffus, and had two sons : — John, d.s.p., and Henry. 8. Henry, Lord Duffus, who succeeded his brother. 9. Alexander, Lord of Duffus, son, married Muriel Chisholm ( daughter of Sir Robert Chisholm of Quarclwood, vide Section Xni.), d. ante 1487 and had issue: — i. Alexander, who died before his father, and left a daughter Christian, m. William Oliphant, whose suc- cession was contested and got shorn of lands in 1507. ii. WiUiam, see below. iii. Isabel, who married Sir Alexander Dunbar of West- field (not given in the record of the Duke of Suther- land). 10. William of Berydale and Duffus, 2d son, died in 1507. II. William Sutherland of Duffus, married Janet, daushter of Alex- ander Innes of Innes, by whom issue : — i. William ; ii. Alexan- der, Dean of Caithness; iii. Elizabeth, m. John, 3d Earl of Caithness. 12. William Sutherland of Duffus, eldest son, died 1529, and left: — 13. William Sutherland of Duffus, son, died ante 1549. (The table sent us continues the line down to George, 7th and last Lord Duffus, who d.s. 28 Aug. 1875.) 88 THE FAMILY OF HAY Janet Sutherland, daughter of the above William Sutherland of Duffus, married John Hay of Lochloy and Park ; he died 1598, she died 1587, and their remains were interred at Auld- earn, with an inscription still to be seen on a monument in the chancel of the cathedral of that town. They left children : — (Mr. Bain, historian, and "The Bruces and Cumyns.") i. John Hay, died in life of his father, having married in 1571, Margaret, daughter of Hugh Rose of Kilravock, and left three sons : — i. John Hay of Lochloy, who s. his grandfather in 1598, and d.s. in 1600; ii. David Hay, who s. his brother in 1600, was brought up by Sir Alexander Hay, Clerk Register, and his great-uncle, Sir Alexander Hay of Fosterseat, married Marie Rose of Kilravock, by whom : — John Hay of Lochloy, died in 1640 (married 1629, Jean Cumyn, dau. of James Cumyn, Baron of Altyre, by Margaret Fraser, sister of Simon, Lord Lovat, and had a son Sir John Hay and Colonel William Hay of Lochloy and Park in 1704, etc.), William, 2d son, and Hugh Hay of Brightmonie, d. 20 Jan. 1664; iii. Robert Hay of Strowie and Park. ii. George Hay, history follows in Section XV. iii. Mr. Alexander Hay of Kinnudie, who married Eliza- beth Monro, and left a son Walter Hay. During the Battle of Auldearn, 1645, MacDonald, in command of the Gordon Highlanders, was forced to fall back, defending his body with a large target, he resisted single handed the assaults of the enemy. When he had just reached the garden gate, Hay of Kinnudie, tall and powerful, uncle to young Hay of Lochloy, pressed MacDonald hard who called out, "My men are coming up behind you!" Hay turned round and MacDonald, with a single sweep of his broadsword, cut him down. Another minute and MacDonald's own sword was shivered to pieces. — History of Nairnshire. jTiftccntfj (feneration ^»^WW jEORGE HAY was the second son of John I lav of G^ Lochloy and Park by his wife Janet, daughter of ^ Wilham Sutherland of Duffus, and died ante 1598, ^^^ (luring- the hfetime of his father.') His younger brother was Mr. Alexander Hay of Kinnudie, who had a son Walter, whilefthe properties of Lochloy and Park passed down to David, the son of George's eldest brother Joliu^ We extract the following from "The History of Xairnshire," pages 253 and 254. relating to this David : — "The Laird of Brodic and Brodie of Lethen, as might be expected, signed the National Covenant. David Hay of Lochloy also adhibited his name. David had had rather an adventurous career. He was the second son and in the year 1600 succeeded his brother John. A letter of his has been preserved which gives a curious account of the upbringing of a Xairn- shire lad in these early days. "He says that in his minority, being under the government of (his uncle and cousin) Alexander Hay of Kinnudie and Walter, then his curators (his uncle George having died), he was transported from the county of Moray to Lothian for education in the schools there. He remained there until the year of the Plague. He was left desolate until Sir Alexander Hay, Clerk of the Register, at the earnest entreaty of Sir Alexander Hay of Fosterseat, removed him to Whittinghame, where he was lovingly en- tertained for a year. "The origin of the Hays of Fosterseat may thus be traced — John of Lochloy, the hero of the breach of promise case (he who had requested re- lease from an engagement to marry the daughter of Thomas Dunbar, Earl of Moray in order to marry the daughter of Donald, Thane of Cawdor) was succeeded by his son William of Lochloy, Dallas, and Park ; he was succeeded by his son Jnlin in T480; John's eldest son William succeeded him, marrying Kathcrinc L'rquhart of Cromarty, by whom he had John, who married Isobel Dunbar in 1554, and died in 1563, leaving several sons: — John, who succeeded him ; David and Alexander of Foynesfield, and George Hay, who dying before 1600, left a son Alexander, who married Catherine Skene, and became Sir Alexander Hay of Fosterseat. 89 90 THE FAMILY OF HAY "The Hays of Kinfauns, of Wariston, of Easter Kennet, of Monckton, of Woodcockdale, and of Carriber, can all be traced to the Hays of Lochloy. "It happened that when the young Laird of Lochloy, David, came on the visit to Sir Alexander Hay, at Kelso, and was invited to accompany him and — writes young Lochloy, 'transported me with horse and abutments effeiring to my rank to the City of London, to the effect that I might see and understand good manners and fashions.' "His expenses in London for breakfast, dinner, supper, and bed, 'con- form to the order of England,' were 36s Scots per day, his horse 6d, hay 6d, oats 2d, and bread 14s Scots. "He remained in London from September till March, and thereafter till his marriage, and his kinsman. Sir Alexander, defrayed all his expenses, and when trouble arose with his uncles and cousins of Kinnudie and Foynes- field in regard to count and reckoning during his minority. Hay of Foster- seat helped him most lovingly to redeem his property and to recover his woods, which were, he says, 'the pleasure of my estate.' David married Marie Rose of Kilravock and left a numerous family." By referring to the table of "Sutherland-Dufifus" in the pre- ceding section, it will be seen that Kenneth, the 4th Earl of Suther- land, married Mary of Mar. He was slain at the Battle of Homil- don Hall A. D. 1333, along with many nobles. The lineage of Mary will be found in the following account of: — Uhit Earlhom of Mar 1. Martacus, ist Earl of Mar, witnessed a charter to the Culdees of Loch Leven by Malcolm Cawn Mohr, A. D. 1065. 2. Gratnach, 2d Earl of Mar, son, witnessed the foundation charter for the Monastery of Scone by King Alexander L, 11 14. 3. Margundus, 3d Earl of Mar, son, witnessed charters of King David L, and of King Malcolm IV. 4. Gillocher, 4th Earl of Mar, son, witnessed charter of Malcolm IV. 5. Morgundus, 5th Earl, son, married Margaret, and was reinvested in the earldom by King William I., A. D. 1171. 6. Gilbert, 6th Earl of Mar, son, was living A. D. 1180. 7. Gilchrist, 7th Earl of Mar, brother, was living 1214. 8. Duncan, 8th Earl of Mar, son and heir, married Arabella, daugh- ter of William, son of Nescius, Lord of Latherisk. 9. William, 9th Earl of Mar, son and heir, was one of the Regents of Scotland in 1258, Great Chamberlain in 1265, married Eliza- beth, daughter of William Cumyn, Earl of Buchan. She died 1267; the earl went on a special mission to King Henry III., and died soon after. 10. Donald, loth Earl of Mar, son and heir, was a nominee on the part of Robert Bruce in his contest for the Crown, A. D. 1290. THE FAMILY OF HAY 91 His dauglitcr, the Lady Isabella, married King Robert I. ; the earl d. 1294. 11. Gralney, nth Earl of Mar, son and heir, married Christian, daugh- ter of Robert Bruce, Earl of Carrick, sister of King Robert I., (she married 2d Sir Christopher Scton and 3d Sir A. Murray of Bothwell) and had children: i. Donald; ii. Elyne, who mar- ried Sir John Mcntoith, Earl of Arran. 12. Donald, 12th Earl of Mar, son and heir, married Isabel Stewart, daughter of Sir Alexander Stewart of Bonkill. On defeat of his uncle. King Robert I., he was imprisoned but not chained in respect to his youth; after Bannockburn, he was exchanged with the Queen for the Earl of Hereford. As Regent of Scotland after the death of Randolph, Earl of Moray, he was defeated by Edward Balliol at Dupplin, A. D. 1332, and slain. He had daughters, Margaret, Countess of Mar, who married William, Earl of Douglas and 2d Sir John Swinton; and Mary, who married Kenneth, 4th Earl of Sutherland. 13. Nicholas Sutherland, Lord Duffus, 2d son, married Marie, daugh- ter of Reginald le Cheyne by his wife Mariot, 4th daughter of Malyse, 7th Earl of Strathearn by his wife Matilda, daughter of Magnus V., the last Angus Earl of Orkney and Caithness (vide Earls of Strathearn in Section III). Reference to tlie "Sutherland-Duffus" table of Section XIV. No. 7 shows the continuation of this Hne as follows : — Nicholas Sutherland, Lord of Duffus, who had a son : — Henry Suther- land, Lord of Duffus, who had a son : — Alexander Sutherland, Lord of Duffus, who had a son : — William Sutherland of Berydale and Duffus, who had a son : — William Sutherland of Duffus, who had a son : — William Suther- land of Duffus, who had a son : — William Sutherland of Duffus, who died ante 1549, and had a daughter: — Janet Sutherland, who married John Hay of Lochloy and Park, and had sons : — i. John Hay, heir to the lands of Lochloy and Park; ii. George Hay, ancestor of Colonel Ann Hawkes Hay; iii. Alex- ander Hay of Kinnudie. George Hay, second son mentioned above, seems to have drifted to the South, and acquired property in Clackmannanshire, in the last probably by marriage, and by his wife left issue: — (Vide "The Bruces and the Cumyns," p. 619), i. David Hay. ii. Alexander Hay of Easter Kennet ; history follows in Section XVL iii. James Hay. ^ixteentf) (feneration ALEXANDER HAY, LORD EASTER KENNET, A^ was the 2d son of George Hay, and was possessed 1^ of the lands of Bridgemark in Kirkcudbright, and ^ ^ Easter Kennet in Clackmannanshire. He died In 1564 he was nominated by Maitland of Lethington for the office of Clerk of the Privy Council, and was Director of the Chancery in 1577. He was appointed Clerk Register in 1579, and admitted Senator to the College of Justice with the title of Lord Easter Kennet. In 1579 he was a member of the Commission for the Jurisdic- tion of the Kirk, and in 1581 was a member of the commission for the visitation and reformation of hospitals, and acted as arbi- trator in the feud between the families of Gordon and Forbes. After the "Raid of Ruthven," in November, 1581, he carried to Lennox the King's commands that he must quit the kingdom and during the absence of Maitland was "Interim Secretary for the Scotch Language" in 1589. In 1592 he received grants of numer- ous charters for his good services, and died 15 September 1594. Letters from and to him were published by his son Alexander Lord Newton, and in "Thorp's Cal. State Papers," Scot. Series between 1573-84; he is mentioned in "Brinton and Haig's Senators of the Royal College of Justice," Anderson's Scottish Nation ; Acts of the Scottish Parliament iii., 138, 219, 231, 626; Books of Sederunt; Keith's App. 174; Melville Mem. p. 205; Spotiswood p. 379; Mayse pp. 71-72; Monteith's Theatre of Morality p. 54. (Vide "Dictionary of National Biography"). From the Nairnshire Telegraph, June 11, 1907, we extract the following : — "The old ruined castle of Inshoch is the only visible object reminding us of the knightly family of Hay of Lochloy, save the memorials of the Q2 Till: I'A.MILV Ub' llAV 93 race in the Churchyard of Aulikarn and the effigy of the warrior in armour in the Cathedral of El^in. ****** "The main line of the Hays of Lochloy died out about a generation ago but not a few of its branches from younger sons still flourish. One of these — strange to say — is in the Southern States of America — in South Carolina — ****** jj^j curiously enough the old religious fervor, so characteristic of the Hays of Lochloy in Reformation and Covenanting times, manifests itself under the warm sunshine of South Carolina, in respect that out of one family of Hays there are several of them ministers of the Presbyterian Clnircii. Occasionally the Hays gave a Priestary to the Episcopal Church — it would have been unfair to have kept all their sons for one side. ****** g^t ^ve must pass over several generations of Johns and Williams of Lochloy until we come to John Hay who died in 1563. This Laird of Lochloy and Park left at least six sons. At this time the estate of Park and Lochloy had attached to it several small properties, such as Kinnudie, Brightmonie, part of Rait, and Foynesfield. "The eldest son, John, of course, gets Lochloy; the second and third sons, David and Alexander, are settled at Foynesfield ; and the fourth son, ■George, gets the small property of Foresterseat, near Elgin, an old possession of the Hays of Lochloy. The younger generation seek in the South a wider spiiere for their energies ; and George's son Alexander becomes a prominent man of affairs in Edinburgh. He becomes Clerk Register, is knighted, and takes a leading part in Scottish political afTairs as Sir Alexander Hay of Foresterseat. His father died in 1606, when he succeeded to Foresterseat. ''His cousin George, son of the Laird of Lochloy, had several sons to "be provided for, and the second son, Alexander, went south, and also rose rapidly in the legal profession, and acquired, along with other properties, Easter Kcnnct in Clackmannan. Alexander was knighted by King James, he "became Clerk to the Privy Council, Director of the Chancery, Clerk Regis- ter, and a Lord of Session, and took the title of Lord Easter Kennet. He was a great favorite of King James, and when the King went to Denmark for a wife, he took Hay of Easter Kennet with him as Interim Secretary of the Scottish language. "Young David Hay of Lochloy, who succeeded his brother, had been sent to school by his uncle of Kinnudie. The Plague appeared, and the school was broken up. The poor boy, so far from home, would have been left in a desolate condition had not Sir Alexander Hay of Easter Kennet come to his rescue. After a time Sir Alexander transferred David to the guardianship of Sir Alexander Hay of Foresterseat, who brought him up ; and never was pupil more grateful to his guardian. In after \'ears when David was comfortably seated at Inshoch, and had married Marie Rose, •daughter of the 'gentle baron of Kilravock,' he draws up a formal deed, expressing his obligations to him, not only for his upbringing, but also for paying off the debts on his estate and settling several ether troublesome ■questions. 94 THE FAMILY OF HAY "There was some dispute about Foynesfield which was referred to twa> arbiters, one of whom was Sir Alexander Hay of Easter Kennet, and. although these last Hays in the south had become men of great wealth and high position in the land, they never forgot their old friends in Nairnshire and, in more cases than that of David of Lochloy, did they set the lairds on. their feet again. "Sir Alexander Hay of Easter Kennet died in 1594. His youngest son,. Sir Alexander Hay of Newton and Whiteburgh, was also a Lord of Ses- sion in 1610 under the title of Lord Newton, and he was appointed Lord. Clerk Register in 1612, and died in 1616, of whom are the Hays of Moncton.' Hay of Easter Kennet's eldest son John married Mariot Drummond," etc. (We reserve the remainder of this article on the Hays of Lochloy by Mr. Bain, the historian of Nairnshire, for the next section, where it properly belongs.) Sir Alexander Hay of Easter Kennet m. Mariot Farquhar (vide charter of 1582) by whom three sons: — ("The Bruces and the Cumyns," p. 619.) i. John Hay, whose history follows in Section XVIL ii. Daniel Hay. iii. Sir Alexander Hay of Whiteburgh in 1600; died in 1616, and left a son : — Alexander Hay of Moncton 1646, who had a son : — Alexander Hay of Moncton living 1683. I ^ebentccntt (^rncration R. JOHN HAY OF EASTER KENNET was the M^ eldest son and heir of Sir Alexander Hay, Lord ^ Easter Kennet, by his spouse Mariot Farquhar, ^ descended from an ancient family of Gilmerscroft, ^^■^•^i^^ <"' ^^o^th Britain. He was living A. D. 1600, and married Mariot (or Marian) Drummond. In con- tinuation of our extract introduced into the last section from Mr. Bain's sketch of "The Hays of Lochloy," we quote : — "Sir Alexander Hay of Easter Kennet died in 1594. * * * * * * His eldest son, John, married iMariot Drummond and left two sons : — "i. Alexander Hay, who left three daughters ; ii. David Hay, ■of Woodcockdale, who acquired the estates of his father, now very extensive, and who sold Easter Kennet in 1638, and con- tiguous property, to the Bruces of Clackmannan and Wester Kennet, for the sum of 16,000 merks. The Hay family acquired the property of Woodcockdale in Linlithgow and Bridgemark in Kirkcudbright and other properties. "By a singular piece of good fortune, the old Easter Kennet estates returned to them. Alexander Bruce of Kinnaird (grand- son of Mr. Robert, the minister), married a daughter of Sir Robert Bruce of Clackmannan, and the lands were settled upon an elder daughter of the marriage, failing a male heir, on condition of her marrying a gentleman of the name of Bruce or one who should assume the name and arms of Bruce. Such a gentleman was found in David Hay, the younger son of Hay of Woodcockdale, the former owner of the property. David Hay married Helen Bruce, the Lady of Kinnaird, and assumed the name of Bruce. Of their four sons only the younger survived and he assumed the name of Bruce, while his sisters stuck by the name of Hay. 95 96 THE FAMILY OF HAY "David Bruce (sic lege Hay) by his first wife had two sons^ the youngest of whom, James Bruce, alone survived. This James Bruce (in reality Hay) was the famous Abyssinian traveler — really a Hay of Lochloy by male descent. "The late Mrs. Cumming-Bruce of Dunphail was his great- granddaughter. "It is from one of the sons of Hay of Easter Kennet that the family of Hays of South Carolina and a professor in one of the educational institutions of Charleston, S. C, descend." The above refers to a member of one of the branches of the family of Colcock, which likewise descends from the Hays of Erroll and Lochloy. Mr. John Hay of Easter Kennet by his spouse Mariot Drummond had two sons: — ("The Bruces and the Cumyns," and Mr. Bain.) i . Mr. Alexander Hay, one of the Clerks of Session, who left daughters : — Margaret, Anna, and Ellen, provided for out of Easter Kennet, one of whom married Sir John Gibson. ii. Mr. David Hay of Woodcockdale, Easter Kennet, Craigtown, and Kennet Paus, sold to Bruce of Clackmannan and of Wester Kennet, in 1638, for 16,000 merks. History follows in Section xvni. Cigijtccntt) (feneration \R. DA\']I) IIAV ()!• WOODCOCKDALE was the 2cl son oi Mr. John Hay of Easter Kennet by his spouse IMariot Drummond. He d. A. D. 1662. After tlie decease of his elder brother Mr. .\lex- ander I lay, who left no male heirs, David Hay acquired the properties of Craigtown. Kennet Paus, and Easter Kennet, and sold this last estate in 1638, to Bruce of Clackmannan and Wester Kennet for the sum of 16,000 merks. He held the office in Edinburgh of a Clerk of Session, and married Jean W'inrhame (or Jean Winrahame). The following abstracts were sent us by Mr. Henry Paton, 120 Polwarth Terrace, Edinburgh, Scotland, and relate to the above : — "Action by Mr. David Hay of Woodcockdale, against Captain Robert Drummond, brother, son, and lawfully charged to enter heir to the de- ceased Mr. John Drummond of Woodcockdale, his uncle, in which mention is made of Jean Winrahame (Winrhame), the pursuor's spouse, and of the alienation to him and her and their heirs, of the lands of Woodcockdale, on the 8th and 22d of March, 1644." (Register of Acts and Decrees, Vol- ume 533.) "1652. August i8th. — Action at the instance of Mr. David Hay of Wood- cockdale, for himself and as -executor to the deceased Bethia Hay, spouse to the deceased John Durham of Duntervie, his sister, against Mr. Alexan- der Hay, writer in Edinburgh, and John Vaus in Barnbarrs, for his inter- est, mentioning that the deceased James Hay of Brigmark, as principal, and the pursuer as cautioner for him, granted a Bond on the 27th Nov. 1647, to the said deceased Bithia Hay, for 600 merks, and the said James Hay also by his bond, dated 17 May 1648, promised to pay 1,000 merks to the pursuor, and Mr. Alexander Hay now of Brigmark, as son and heir to the deceased James, having renonced fo enter heir to his father, the pursuor seeks ad- judication to be made of certain lands and teinds, etc., to which the said James Hay of Brigmark miglit have claim." (Ibid, Vol. 558.) Mr. David Hay of Woodcockdale, by his spouse Jean Winrhame, had 97 98 THE FAMILY OF HAY the following children: — ("The Bruces and the Cumyns," also from an ex- tract of his family chart sent us by Sir Lewis John ErroU Hay, Bart., and "The Hay Tables.") i. Mr. John Hay of Woodcockdale, (vide below). ii. James Hay of Carriber (or Carruber), whose history will be presented in Section XIX. iii. Andrew Hay. ( Not given by the authorities cited above, but proved by the will of his father, James Hay of Carriber.) James Bruce (sic lege James Hay), the celebrated Abyssinian explorer, was a second cousin of Michael, the father of Colonel Ann Hawks Hay. The latter was a great-grandson of James Hay of Carriber, while the former was a great-grandson of Mr. John Hay of Woodcockdale, and therefore we introduce an account of the descendants of John of Woodcockdale, which should be inter- esting to their cousins — the posterity of James of Carriber. We abstract first from "The Bruces and the Cumyns," a very elaborate work by Mrs. Cumming-Bruce, great-granddaughter of the Abyssinian traveler : — 1. Mr. John Hay of Woodcockdale was the eldest son of Mr. David Hay of Woodcockdale, and had sons : — David Hay, Andrew Hay, and John Hay. (Mackenzie's Deeds, Vol. 79.) 2. David Hay, eldest son of John, married in 1687, Helen Bruce, dau. Alexander Bruce of Kinnaird, of the same stock as Robert I., and by the terms of the will of her grandfather, assumed the name of Bruce, and thus became David Bruce. His descendant, Mrs. Cumming-Bruce, now says : — "From an old family Bible, printed in 1561, the same which Mr. Robert Bruce called for on his deathbed, I copy the fol- lowing entries by Helen Bruce, who married David Hay : — i. "Helen Hay, our first child, was born in January, 1689, and was baptised on the 12th day by Mr. Suther- land, Minister of Larbert. Witnesses — James Hay of Carriber, Mr. John Hay of Woodcockdale, and John Drummond of Newton." She married later Counsellor Hamilton of London, brother of Alexander Hamilton of Wishaw, and had among other children a son, William Gerard Hamilton, better known as "Single Speech Hamilton," who was by some supposed to be the author of "The Letters of Junius." ii. "Alexander (Hay) was b. in Jan., 1691, and bap. by Mr. Sutherland before the same witnesses." I THE I-AMILY OF IIAY 99 / iii. "John (Hay) was h. in January, 1693, and bap. on the loth of that month by Mr. Patcrson, Minister of Borthwick, before the same witnesses. iv. "James (Hay) was b. in January, 1694, and was bap. the 8th of tliat montli by Mr. Paterson. Witnesses — Carribcr and Woodcockdale, James Galloway of Bal- gair, and Andrew Kerr. V. "Margaret (Hay) was b. nth of August, 1695, and bap. by Mr. Sutherland the same day before the same witnesses. (She died later unmarried.) vi. "David (Hay) was b. the 25th of November, 1696, and bap. by Mr. Sutherland, before the same witnesses." On the death of her husband David Hay, Helen married 2d Robert Boyd, brother of Major Ninian Boyd of the Scotch Greys. She died in 1728, and of her four sons only David, the youngest, survived his mother, the Lady of Kinnaird. 3. David (sic lege Hay), the youngest child of David Hay by his spouse Helen Bruce of Kinnaird, assumed the name of his mother and became David Bruce. He married ist Marion Graham, eldest daughter of James Graham, Advocate and Judge of the High Court of Admiralty, by his first wife Marion Hamilton, eldest sister of Alexander Hamilton of Pencaitland (Judge Graham married 2d Lady Mary Livingston from whom the present family of Grahams of Airth descends). On November 12th, 1715, David, with many other young gentlemen, one of whom was probably Michael Hay his cousin, had been taken prisoner at Preston, when Judge Graham went to Carlisle at his own e.xpensc, to plead for them A. D. 171 7. David married 2d Agnes Glen, sister of Governor Glen of South Carolina, and sister of Andrew Glen of Longcroft, co. Linlithgow (whose only daughter Elizabeth Glen, married in 1767, George, 8tH Earl of Dalhousie, and was grandmother of the late earl, she died A. D. 1907). David by his ist wife Marion Graham had a surviving son: i. James Bruce (Hay), the Ayssinian traveler. By his 2d wife Agnes, the sister of Governor Glen of South Carolina, David had issue : — ii. Alexander Bruce (Hay), bred an advocate to the Scotch bar. d.s.p. iii. Andrew Bruce (Hay), who settled the "Bruce Her- mitage" in Dec. 1775, in the Island of St. Vincent, d.s.p. iv. David Bruce (Hay), an officer in the Duke of Rich- monds's regiment, and was mortally wounded in the breach of the fortress called "the Morro," at Havana, LOFC. loo THE FAMILY OF HAY while fighting as a volunteer in the forlorn hope, d.s.p. V. Captain William Bruce (Hay), in the service of the East India Company, proposed and led the attack on the 3d August 1780, in which was captured from the Mahrattras, the fortress of Gualior until then deemed impregnable, d.s.p. vi. Thomas Bruce (Hay), who was agent in St. Vin- cent, d.s.p. vii. Robert Bruce (Hay), physician at Lucknow, died May, 1800, at Serampore, leaving a considerable for- tune, and large claims for money lent to the Nabob of Oude which were never settled. His large collections of Natural History were purchased by the Duke of Marlborough, d.s.p. 4. James Bruce (Hay), the Abyssinian traveler, eldest son mentioned above, of David Bruce (Hay) by his wife Marion Graham, was born at the family residence of Kinnaird, co. Stirling, Scotland, on the 14th Dec, 1730. "His father, David, was the eldest son of David Hay of Woodcockdale, in the shire of Linlithgow, by Helen, dau. of Alexander Bruce of Kinnaird, who dying without male issue, transferred to her and her descendants his name and estate. "The family of Woodcockdale was sprung from the Hays of Park (and Lochloy), in the province of Moray, an old branch of the Hays of Erroll, whose bravery distinguished them at a remote period of our national history. ****** In Feb., 1728, David married Marion Graham, daughter of James Graham of Airth, Dean of the Faculty of Advocates, and Judge of the High Court of Admiralty in Scotland. * * * * * * His father married a few years after the death of his first wife, Miss Glen, daughter of James Glen in Longcroft, in shire of Linlithgow, and sister of James Glen, who was for a long time Governor of South Carolina. ****** On Saturday, the 26th Apl. 1794, having entertained company at Kinnaird, as he was going down stairs about eight o'clock in the evening to hand a lady into her carriage, his foot slipped and he fell headlong to the ground ****** ^nd he expired early the next morning. He was 6 feet 4 inches tall, large and well proportioned, of strength corresponding to his stature, his features and face elegantly formed, his air noble and commanding. He was attentive to his dress and particularly successful in wearing the dress of the nations through which he passed in his travels, in an easy and graceful manner, to which he was indebted in part for his good reception, especially in Abyssinia." — Extracts from Alexander Murray's "Accounts of the Life and Writings of 'i'lli: lAMILV Ol' ll.W loi James Bruce of Kinnaird," who was in reality James Hay and a second cousin of Michael Hay. James Bruce (Ilay) was well educated, master of many lan- guages and accomplishments, and for many years in foreign countries led a life full of interesting and daring adventure, lie iiiadc many collections of great value to the world, and wrote a history of his explorations in Africa. He married 2d, 20 May 1776, Mary Dundas, daughter of Thomas Dundas of Fingask, by Lady Janet Maitland, daughter of the 6th Earl of Lauderdale, by whom among other children : — 5. James, who was b. 28 June 1780, and had a son: — 6. James Bruce (Hay), s. his father in 1794, but being still a minor was entrusted for his education to Dr. Knox, and subsequently to the poet, Hector M'Xeil. He married Elizabeth, daughter of William Spicer of Wear, CO. Devon by Elizabeth Parker, dau. of Francis Parker of Blagdcn, uncle of the 1st Lord Boringdon. He died in Edinburgh June, 1810, and left an only daughter : — 7. ^^ary Elizabeth Bruce (Hay), succeeded her father in i8to. She married 21 June 1820, Charles Lennox Gumming, 2d son of Sir Alexander Gumming Gordon of Altyre and Gordonstown, Bart. She was the autlior of "The Bruces and the Gumyns," from which we have extracted largely in our work, and which is recognized as a compilation of great historical and genealogical value, based on original documents. 8. Elizabeth Mary, daughter, m., 1841, James Lord Bruce, who s. his father as 8th Earl of Elgin, and 12th Earl of Kincardine. They had a daughter: — Lady Elma Bruce, m. Hon. T. Hovell- Thurlow, by whom a son : — James Frederick. Mnttnnti) (feneration UPP^^AMES HAY OF CARRIBER was the second son ^ T ^ of Mr. David Hay of Woodcockdale, Craigtown, ^ I ^ ^"*^ Easter Kennet, by his spouse Jean Winrhame. ^ */ ^ -^^ married Magdalen Robertson, descended of ^^^^^ Strowan, was a Writer to the Signet, and died A. D. 1702. The following abstracts sent us by Mr. Henry Paton of Edin- burgh, are offered as supplying information relating to the fore- going James Hay, W. S., of Carruber : — "Factory by George Hay, only lawful son to the deceased John Hay, uncle to the Earl of Erroll, who is going forth of this kingdom to London, and being confident of the kindness and care of James Hay of Carruber, appoints him his factor and commissioner to uplift certain sums due to him, especially a debt due by the deceased James, Earl of Tullibardine, since 1682, contained in a bond granted by him to his said deceased father, there- in designed lawful son to George Hay, grand-uncle to the Earl of Erroll, dated at Edinburgh, 29th September, A. D. 1697." — (Durie Deeds, Vol. 98.) "1703, December 15th. — Testament Testamenter of James Hay of Car- riber, who died in 17 — , given up by himself upon the i6th September 1690, and by Magdalen Robertson, his widow. "This estate is valued to 1,333 pounds, 6 shillings 8 pence, and consists of some debts due to him by William Lockhart of Birkhill, and Jean Bruce, his mother, and the tenants and possessors of their lands. "This testament is dated at Edinburgh i6th September 1690, and in it he appoints his spouse Magdalen Robertson, his only executrix. She is to have the life rent use of his estate, and after her death it is to devolve on John Hay, his eldest son, whom failing on George Hay his 2d son, whom failing on Andrew Hay his 3d son, whom failing on any other son he may yet have (he lived twelve years longer), and failing sons it is to go to his daughters successively according to age. "He nominates his spouse only tutrix to his children, and failing her by death or marriage, he nominates Sir John Foulis of Ravelston, Sir Alexander Gibson of Pentland, George Drummond of Blair, Mr. John Hay of Woodcockdale, George Robertson, Clerk to the Register of Hormineys ; 102 Tin: 1■■.\.MIL^■ ()I- II \V 103 Aiulrcw I lay, 'my broll;er;' James Crawford, 'my nephew;' John Robertson and Dr. James Robertson, 'my brethren-in-law,' or any three of these to be tutors to his said children. / "Confirmed as above. John Hay of Carribcr as cautioner. (Edinburgh Testaments, Vol. 82.)" Note in the above abstract of the will of James Hay of Carri- ber: — that he gives in this will twelve years before his death and the testament may have been drawn up many years before he gives it in, that he makes conditional provision for any other son he may yet have and was outlived by his wife and must have had other children, that he names a brother Andrew and also a son Andrew, that he refers to Mr. Drumniond of Blair, and names James and John Robertson as his brothers-in-law, and a nephew James Craw- ford. "1743, Sept. 6th. — Testament Dative of Jolin Hay of Carriber (eldest son of above James Hay), who died there on — October 1708, given up by Andrew Hay, late of ^^ugd^um, and Grizcl Hay, widow of Thomas Boyes, W. S., brother and sister german to the defunct. "Thomas Boyes (nephew). Writer in Edinburgh and lawful son to the said deceased Thomas Boyes, cautioner. (Edinburgh Testaments, Vol. 107.)" "James Hay of Carribcr, 2d son of David Hay of Woodcockdale, Lin- lithgow, died December, 1702, married Magdalen Robertson." (Extracted by Mrs. Graham from "The Society of Writers to the Signet 1594-1890," p. 96.) "1671, Admission of James Hay, son of the deceased Mr. David Hay of Woodcockdale." (Ibid, p. 313.) "10 Dec. 1702. Andrew Marjoribank of that Ilk. Apprentice (at law) to James Hay of Carriber. Eldest son to Thomas Marjoribank of that Ilk. Died 13 .'Xpril 1742. ^^arried A. D. 1700, Christian, daughter of James Hay of Carriber, Linlithgowshire. Commissary of Edinburgh. Entered as a member to the Society of Writers to the Signet. (Ibid, p. 139.)" "Fiscal 1710-17. Thomas Boyes. Died about 1718. Married 19 April 1708, Grizcl, daughter of James Hay of Carriber, Linlithgowshire. Entered as member of Writers to the Signet admitted 1704. (Ibid, p. 369.)" "Under List of Members — p. 140. — .Andrew Marjoribank of that Ilk. Eldest son of Andrew Marjoribank of that Ilk, W. S. (by wife Christian Hay). Died 20 Feb. 1766. Married Tst Mary Chalmers in 1744, and 2d Jean, daughter of Thomas Boyes, Deputy-Clerk of Session, in Feb. 1755 " "Under Abstract of Minutes, p. 364. "16 Nov. 1702. .'\dniission of Andrew Marjoribank from the office of James Hay of Carriber." 104 THE FAMILY OF HAY "Ibid.— 1708, loth Jan. Committee consisting of Thomas Boyes, An- drew Marjoribank and eight others, appointed to meet and enquire into the records of the signet, etc." "Ibid. — Commission by the Earl of Mar (John Erskine) to Thomas Boyes and thirteen others to be Commissioners, dated at Edinburgh 7th Nov. 1713." "Ibid, p. 321. — 1681, 13th July. Commission by Alexander, Earl of Moray, sole Secretary of State for Scotland, appointing James Hay and other Commissioners for regulating the calling of the Writers to the Signet." "P. 322. — James Hay and others appointed to take account of the box, 5th Dec. 1681." "P. s^S- — James Hay and other, to remove abuses." "P. 328. — Admission of Mr. Alexander Drummond, lately prentice and servitor to James Hay, 14th Nov. 1684." "P. 344. — Admission of Andrew Kerr from the office of James Hay, 2d October 1696." In Nisbet's Heraldry, Vol. i, p. 324, mention is made of Mr. John Robertson and Mr. James Robertson "descended of Struan," also to John Crawford, Dean of Guild in Linlithgow, descended of Haining, of Marjori- banks descended of the Johnstones — which evidently refers to the brothers- in-law of James Hay of Carriber, and the family ot his nephew and son- in-law. It will be remembered that the great Scotch minister was a Rob- ertson descended of Strowan. From documents before us it is shown that James Hay of Car- riber in addition to Carriber, partly in LinHthgowshire and partly in Stirlingshire, possessed the lands of Craigend and Easter and Wester Gaw, and that by his spouse Magdalen Robertson, who sur- vived him (he died A. D. 1702), he left the following children: — i. John Hay of Carriber, who d. in 1708, and left two sons: — John of Carriber and Andrew. The former had a son Andrew, who sold the lands of Carriber and died A. D. 1764. ii. George Hay. iii. Andrew Hay of Mugdrum. IV. Thomas Hay of Bridgehouse, whose history follows in Section XX. V. Christian Hay, who married A. D. 1700, Andrew Marjoribanks, writer to the Signet, Commissary of Edinburgh, and by him had a son Andrew Marjoribanks. vi. Grizel (or Grace) Hay, who married Thomas Boyes, W. S., in the year 1708, 19th April, and had children: Thomas Boyes, and Jean Boyes, who married her cousin Andrew Marjoribanks. For evidence showing that James Hay of Carriber had a fourth son Thomas Hay, born after his will was drawn up, see the Letter THE FAMILY OF IIAV 105 of Factory written by his brother Andrew Hay, and dated Rome, Italy, 4th April 17J1. in which he appoints as his aj^ent in Scotland during' his absence, "'M} brother gcrman, Thomas Hay, Writer in Edinburgfh," and in the letter describes himself as being a "son of James Hay of Carriber." It is hardly necessary to explain that "brother german" means a law fill brother where Ik^Ii parents are in common. That this Thomas Hay was the father of Michael Hay is proved by the wills of Isabel Balfour and of letters of renunciation by Michael Hay and his sister Jean Hay, to be given in the next Section XX. tC^toenttett) (feneration mmmm jHOMAS HAY OF BRIDGEHOUSE, WRITER IN T^ EDINBURGH, was the 4th son of James Hay of ^ Carriber, VV. S., by his spouse Magdalen Robert- ^ son. He married Isabel Balfour, daughter of Sir David Balfour of Forret, and sister of Michael Balfour of Forret. He died 28 January 1733. We have before us many references to the above Thomas Hay, Writer in Edinburgh, extracted for us by Mr. Henry Paton, 120 Polwarth Terrace, Edinburgh, and he must be carefully distin- guished from his kinsman, Thomas Hay, W. S., who married Anna Gibson, and was founder of the house of Alderston, in Haddinton- shire, who belonged to an older generation. It is not always an easy task in tracing a pedigree to find abso- lutely convincing proof connecting our first American ancestor with his continental parentage, and unless this link in the chain of evi- dence be incontestable, all is unsatisfactory, no matter how plaus- ible. In this case we have been especially fortunate, and in order that our readers — Colonel Hay's descendants — may be perfectly assured of the certainty of their descent, at the risk of proving tire- some, we propose to be as explicit as the circumstances demand. We first ofifer some extracts from a few letters from a gentle- man in Edinburgh whose reputation for ability and integrity is well appreciated in his native city, and whose work often leads him to delve among the original charters and records of the past. These extracts are as follows : — "120 Polwarth Terrace, Edinburgh, 17 Feb. 1905. "Dear Sir :— "I have to acknowledge your favor of the 22d ult. and also of the previous one of Dec. i8th to which I have been giving effect by instituting a special search for information, the results of which I am enclosing. I have found positive proof of Michael Hay having a sister Jean, who married 106 THE FAMILY OF II \V 107 Dr. George Brthune of Cupar, Fife, and a brother Andrew, the mother •of all being Isabel Balfour, so that the puint is now the parentage of Thomas Hay, their fatlier. "He is mentioned as sometimes of Cupar and sometimes of Edinburgh, but T searched botli registers and others, but could find no traces of the births of his cliildren. The Hays are a numerous family in some parts of Scotland, and I have examined a large number of wills, also other registers, "but without, as yet, attaining certainty," etc. "Yours faithfully, "(Signed) Henry Paton." In a letter from same to same dated 30th May 1905 : — "I was just deploring w'th myself that I must write you by this mail "that after a long search through many volumes of record I had still no success when this very day I came upon a deed which will satisfy you. "I feel very thankful it has turned up before I wrote, for I know what disappointment it would cause you to have received my negative letter. The deed is a Letter of Factory by Andrew Hay, son of the deceased Jamei Hay of Carriber, to Thomas Hay, Writer in Edinburgh, his brother german, in whose fidelity and fitness he has entire confidence, to uplift all moneys due to him and transact necessary business on his behalf. The Factory is dated at Rome 4th April 1721, and recorded on the 15th May following, in the Register of Deeds ( Durie's Office) Vol. 160. It is thus proved that Thomas Hay was son of James Hay of Carriber." In a letter from same, bearing date 17 August 1906. "I send you herewith enclosed the certified copy of the Factory. It is •copied from the original deed itself, and this copy is as valid in any Court -of Justice as the original. ****** j am frequently among old charters in private collections, and something further of interesting nature may turn up." We now append an exact copy of this certified copy of the Letter of Factory as sent us by Mr. Paton: — " public ErroriiB of drutlattft " "At Edinburgh the Fifteenth day of May One thousand seven hundred and twenty one years. "In presence of the Lords of Council and Session Compeared Mr. Mathew McKell Advocate Edinburgh as Procurator for the Party after ■named and designed and gave in the Factory underwritten desiring the same might be registered in their Lordship's Books conform to Law which desire the said Lords found reasonable and ordained the same to be done accordingly whereof the tenor follows viz. : — "I Andrew Hay Law full son of the Deceaset James Hay of Carriber Having an entire confidence of the fidelity and fittncss of Thomas Hay Writer in Edinburgh my Brother german for discharging the trust under- writen Do therefore by these presents make and constitute tlie said Thomas Hay my lawful factor and Commissioner and hereby give and grant to him io8 THE FAMILY OF HAY my full power warrand and commission for me in my name and upon my behalf To uplift and receive all and sundry debts and sums of money due and adebted to me by whatsoever persons Receipts or discharges thereof to grant which shall be so sufficient as granted by myself and if need be to pursue thereof and such sum so to be raised to lay out upon neu security and generally to do every other thing requisite there-anent and anent the manageing and disposing of any other my effects and concerns in Britain in the same manner as if I were personally present Promising to hold the same- Firm and Si able With this Provision always that the sd. Thomas Hay shall be accountable to me for his intrmissions by vertue hereof v.hereunto by the acceptation of these presents he binds and obliges Himself consenting to the registration hereof in the books of Councill and Session or any other Judges books competent in Scotland therein to remain for preservation and there- unto I constitute the said Mr. Mathew McKell Advocate my Procurator. "In Witness whereof I have written and subscribed these presents at Rome the fourth day of Aprile old stile in the year of God One thousand seven hundred and twenty one. "(Signed) Andrew Hay. "Extracted on this and the two preceding pages by me, Deputy Keeper of the Records of Scotland. "(Signed) George A. J. Lee. "The principal Deed above extracted is impressed with a Duty of six- pence. "Certified by me, "George A. J. Lee." Impressed with the official seal, "Ab Archivis Publicis Scotiae." "1756. January 28th. — Testament Testamentary and Inventory of the goods, etc., of Isabel Balfour, widow of Thomas Hay, Writer in Edin- burgh, thereafter in Cupar, in the parish of Cupar and sheriffdom of Fife, who died on given up by Mrs. Jean Hay, daughter of the said Isabel Balfour, and spouse to Dr. George Bethune, physician in Cupar of Fife, in terms of a Disposition by the Defunct to her which is engrossed, etc., bears that Isabel Balfour, widow of Thomas Hay, Writer in Edinburgh, for the love and affection which she bears to Jean Hay, only daughter now in life procreated between her and the said deceased Thomas Hay, assigns to her all her effects and other goods of which she may die possessed, appointing her sole executrix to her, but reserving the power to alter. — Dated at Edinburgh 2d Feb. 1734. Witnesses: — Andrew Marjoribanks of that Ilk and Thomas Boyes, Writer in Edinburgh. "The Estate is valued to 1524:17:8 pounds and consists of debts due to her, made up as follows: — Bill dated 19 July 1723, drawn by Helen Gordon, widow of James Pitcairn, Writer in Edinburgh, and accepted by the said Thomas Hay for 6:8:6 pounds sterling with interest; and it is said there is a decreet at the instance of the said Helen Gordon against ]\Iichael, Andrew, and Jean Hay and their ♦^^utors and curators, as representing the deceased THE FAMILY OI" HAY 109 Thomas Hay, tluir father, brfuri' the sherifT of Fife, dated I2lh Feb. 1734, decreeing them to pay to her tlie said sum and interest due thereupon. "To this sum the said Isabel Balfour has right by the latter's will and testament of the said Helen Gordon, in which she appoints the said Isabel Balfour, her only Executor, which testament is dated 5 April 1723, which sum was due to the said Isabel Balfour at the time of her death, with 500 pounds Scots as the expenses of the said Thomas Hay's funeral, and four- teen pounds sterling for mourning to the said Thomas Hay's children and 200 mcrks for tlie maintenance of these children from 28th January then last, being the day of the said Thomas Hay's death, to the term of Whit- sunday then next, and which three sums last above mentioned are contained in a decreet of cognition obtained before the Commissary of St. Andrews ****** against the said Michael, Andrew, and Jean Hay, dated 28 November 1733. "Confirmed 28 January 1756. John Pilmore, Writer in St. Andrews, cautioner. (Register of Edinburgh Testaments, Vol. 22.)" It will be noted that the witnesses to Isabel's will are Andrew Marjoribanks and Thomas Boyes, who, it will be seen by reference to the table in Section XIX, were nephews of the testator's husband, Thomas Hay. and sons of Christian and Grizel, daughters of James Hay of Carribcr. The date of Thomas Hay's death is likewise given in the will as having been 28th Jan. 1733, while his wife Isabel Balfour died A. D. 1756. We shall next give abstracts from documents which will show the lineage of Isabel Balfour, reserving for the next section of our work, two deeds of renunciation — one by Michael Hay, dated King- ston, Jamaica, 1757, the other by "Jean Hay, spouse of Dr. George Bethune," dated 1757, at Cupar. Fife, executed in the year follow- ing their mother's death. The abstract follows: — "Disposition by Thomas Hay. Writer in Edinburgh, narrating that Andrew Hay of Mugdrum (his brother german) had paid to him 5,000 merks, and therefore he sells to him and his heirs and assignees, the lands of Bridgehouse in the parish of Logie, and shire of Fyfe, and assigns to him the dispositions of the lands and teinds granted by the deceased Sir James Ramsay of Logie, with consent of Dame Lilias Seton his spouse and David, Robert, William, and Margaret Ramsay, his children, to the de- ceased Sir David Balfour of Forret, one of the Senators of the College of Justice, dated 23d August 1682 and 2d April 1684. "This disposition is dated at Cupar 6th February, 1729, one witness being Michael Balfour of Forret. (Durie, Vol. 219.)" "1691, November 27th. — Sasine, 2d October, of Mrs. Marie Hay, lawful daughter of Peter Hay, elder of Leyes, (by her Attorney, George Wilson, no THE FAMILY OF HAY servitor to Mitchell Balfour of Forret) upon her contract of marriage with Mr. James Balfour of Randerstoun, dated 2ist Nov. 1690, in an annual rent out of the lands of Randerstoun in liferent; among the witnesses to the contract being Michael Balfour of Forret, James Arnot of Woodmiln, Mr. Peter Hay, younger of Leyes, etc. (Fife Sassines Vol. 15.) "1692, June loth. — Sasine, 7th June, of Barbara Hay, second lawful daughter of the deceased John Hay of Parish in terms of her contract of marriage with George Hay of Mortoun, in the half lands of Mortoun, in the parish of St. Fillans, Fife, in life rent." "Testament Testamentary of Mrs. Ann Hay, 3d lawful daughter of the deceased Mr. Peter Hay of Leyes, in the parish of Errol and sheriffdom of Perth, who died in June, 1702, given up by Helen Hay her sister german, widow of the deceased John Pilmore (it is to be observed that John Pilmore was cautioner for the will of Isabel Balfour-Hay), sometime merchant in Dundee as her executrix. ****** gj^g appoints her said sister german her executrix and leaves the following legacies : — To Ann Hay, law- ful daughter of Peter Hay of Leyes, her lawful brother, 1000 merks, or should he die before marriage or attaining the age of twenty one years, then to George Han, second lawful son to the said Peter; to Anna Balfour, lawful daughter to Mr. James Balfour of Randerstoun, 1000 merks, and failing her as above to Jean Balfour, her eldest sister, and failing both to the other children procreated between Mr. James (Balfour) and Marie Hay, his spouse, her sister. ****** This is dated — Leyes 15th January 1702, among the witnesses being Alexander Drummond, lawful son to Adam Drummond. "Confirmed 18th May 1705, Robert Pilmuir, merchant in Dundee, cau- tioner. (Vol 16.)" "Sasine of Mr. James Balfour in the lands and barony of Randerstoun. He is 2d lawful son of Sir David Balfour of Forret, Knight, one of the Senators of Justice. "The destination is to the said Mr. James Balfour and his heirs male and female ; whom failing to Michael Balfour, eldest lawful son to Sir Andrew Balfour, M.D., Knight (probably a brother of Sir David) and his heirs male lawfully procreated of his body; whom failing also, to Michael Balfour, now of Denmilne, Knight-Baronet (evidently a 2d brother of Sir David Balfour), and his heirs male, etc. (Fife Sassines, Vol. 15.)" "1737, April i6th. — Factory by Andrew Blair (sic lege Hay) of Bridge- house, Esq., lawful son to the deceased Thomas Hay of Carriber, Writer, (being to go out of Scotland) to Thomas Trotter, brother german to Henry Trotter of Morton Hall; dated at Edinburgh, 15 Apl. 1737. (Durie Deeds, Vol. 195)" "1740, March 20th. — Factory by Andrew Hay of Bridgehouse, narrating that as he resides outside of Scotland, he cannot transact his own business there, and appoints Thomas Trotter (as above) his factor. "Dated at London, 13 March 1740. (Ibid, Vol. 201.)" THE FAMILY OF IIAY in "Testament Dative of Andrew Hay, Esq., of Bridgchouse, residentur in Edinburgh, who died in October, 1754, given up by Mrs. Margaret Nicholson, his widow, daughter of Sir William Nicholson of Glcnberry, in whose favor the defunct made a Disposition and Settlement on the 5th of April 1754. "Mention is made in the deed of Andrew's father, Thomas Hay, Writer in Edinburgh. Alexander Innes was cautioner. (Edinburgh Testaments, Vol. 116.)" It would appear from the evidence of the foregoing abstracts of wills, inventories, and factories, that Isabel Balfour was the granddaughter of Sir David Balfour of Forret, Knight and Senator of Justice. Sir David Balfour of Forret had two brothers (Sir Andrew, Knight, and Sir Michael, Knight-Baronet, each of whom had a son Michael) and two son.s — Michael Balfour and James Bal- four of Randerstoun, who married Marie, daughter of Mr. Peter Hay of Leyes. (The Earls of Kinnoul were descended from Peter Hay of Leyes, as was also the James Hays, Earls of Carlisle.) Isabel Balfour was a daughter of either the eldest of the above sons of Sir David Balfour, Michael, or of the second son James Balfour of Randerstoun, it is not certain which one. The lands of Bridgehouse (an estate three miles west of Bath- gate, in Linlithgowshire, not far from the lands and castle of Car- ribcr), and other property originally belonging to Sir James Ram- say of Logic, were alienated to Sir David Balfour of Forret, and descended to Thomas Hay of Carriber, Writer in Edinburgh, through his marriage to Isabel Balfour, granddaughter of Sir Davici. Bridgehouse was then alienated by Thomas Hay to his brother Andrew Hay of Mugdrum, after the latter's return from Italy, for 5.000 mcrks, and Andrew Hay of Mugdrum leaves this property to his nephew (and probable namesake) Andrew, 2d son of his brother Thomas Hay, who, on his death, disposed and settled them on his wife Margaret, daughter of Sir William Nicholson of Glenberry; we do not know whether Andrew left any children. (This Andrew was the uncle of Colonel Ann Hawkes Hay.) Neither do we know what was the lineage of Sir David Balfour of Forret. Knight and Senator of the College of Justice, but it should not be difficult to establish. Thomas Hay of Bridgchouse (sometimes designated of Carri- ber), 4th son of James Hay of Carriber, had the following children 112 THE FAMILY OF HAY by his spouse Isabel Balfour, granddaughter of Sir David Balfour of Forret, Knight and Senator of Justice : — i. Michael Hay, whose history follows in Section XXI. ii. Andrew Hay of Briclgehouse, who married Margaret, a daugh- ter of Sir William Nicholson of Glenberry, and d. A. D. 1754. iii. Jean Hay, who married Dr. George Bethune of Cupar and Kingask, in Fifeshire, son of Dr. James Bethune by his wife Ann Hatray, whom he married A. D. 29th April 1704, daughter of the celebrated Dr. Sylvester Ratray by his spouse Helen Inglis. Dr. George Bethune was the first Grand Master of the St. Regulus Masonic Lodge of St. Andrews, and was succeeded in that office by the Earl of Elgin. He was of a celebrated family of Bethunes (or Beatons), hereditary physicians to the Lords of the Isle, and is supposed to be of the family of Maximilian Bethune, Duke of Sully, the great Minister of France in the reign of Henry IV. Janet Bethune (or Beaton) is prominent in Scot's "Lay of the Last Minstrel." The property of Kingask in Fifeshire had been possessed by James Hay, Earl of Carlisle, in 1598; and descended to Agnes Hay, Countess of Glencairn, his daughter. It was possessed in 1710 by Thomas Bethune, in 1720 by Dr. James Bethune, and descended to his son Dr. George Bethune, who sold it to Sir Philip Anstruther. Dr. George Bethune, whose coat armor bore an otter's head erased and whose crest was a physician's cap, died in February, 1774, and was buried with masonic honors. His widow, Jean Hay, died A. D. 1778, and had three children :—i. Margaret Bethune, b. 1740; ii. James Bethune, b. 1743; and iii. a daughter, born 1746. ^luentpfirfit (Scnciatiou jICHAEL HAY, GENTLEMAN OF KINGSTON, JAMAICA, was the oldest son of Thomas Hay of Bridgehouse, Writer in Edinburgh, by his spouse, Isabel Balfour, granddaughter of Sir David Bal- four of I-'orret. He married 2d in Jamaica Esther, daughter of Judge Martin Wilkins. It has been suggested to us in our Scotch correspondence by one oi his name, that he was involved in the political differences of 17 1 5, and after the Battle of Preston, leaving Scotland, took refuge in the West Indies. His kinsmen the Earls of Carlisle and Kinnoul had been Governors of Barbadoes. It will be seen by referring to Section X\TII, No. 3, that Judge Graham went to Carlisle at his own expense, to defend his grandson David Bruce (sic lege Hay) and other young gentlemen who had engaged in the rising of 1715, and been taken prisoner at Preston. The above mentioned David was a cousin of Michael, from the same neighborhood, and we believe it probable that ]Michael was out for the Stewart in the 'Vising." His name appears in the records of the West Indies for the first time about 1740. John Hay of Restalrig was active in the insurrection of 1745. and present at Culloden. where he held the position of Secretary and Treasurer for Prince Charles Edward; after that defeat, so disas- trous to the cause of the Stewarts. John Hay was forced to flee the country. A story is told relating an incident of the pretty little Scotch lass, Grizel (or Grace) Hay. who, escaping secretly from the house for several days with food hidden beneath her hood, kept her uncle ^John Hay from starvation, until the vigilance of Cumberland's butchers slept, and her charge made a safe escape from his refuge in a tomb. 113 114 THE FAMILY OF HAY At times she was followed by the soldiers, but a precocious, feminine shrewdness, and high courage born of affection and loy- alty, enable her to elude the human sleuth-hounds following in her trail ; or boldly confronting them, she baffled their curiosity by her girlish wit. Or, perhaps — to the honor of manhood — his henchmen were not so eager for the blood of a passive victim as their master, and Cumberland must be satisfied by the assumption on the part of his followers of a vindictiveness that hid in them a generous mercy foreign to his unfeeling heart. What we have learned of Michael Hay in the Island of Jamaica can be most explicitly set forth by extracting from the ample docu- ments supplied us by our faithful and very intelligent agent Mrs. Laura Nichols Graham, whose address at present is "The Cumber- land," Washington. She was not the first lady who journeyed ta the West Indies on such a mission, but the result was more gratify- ing than that of Gertrude Atherton seeking the paternity of Alex- ander Hamilton, whose father was a kinsman of Michael Hay. On the 28th of May, 1901, writing from the Hotel Essex, Boston, Massachusetts, Mrs. Graham announces her intention of sailing the following day on the "Admiral Farragut," of the United Fruit Company's Line, for Port Antonio, Jamaica, the remainder of the journey to be made by rail. We extract from her report of about one month later: — "New York City, 2d July 1901. "Dear Mr. Colcock, " After a charming trip of five days, I arrived in Kingston early Tuesday morning, and almost immediately set out to the Parish Church. ****** Assisted by the Archdeacon, Mr. Downer, and his ser- vant, I began my search for the tombstone, which lasted three burning afternoons before success was met. It must have been a pathetic sight to see me out in the churchyard in the broiling sun, sweeping the old tomb- stones which lay flat and half covered by soil and leaves. Just as I was giving up in despair, I paused in the centre aisle of the dimly lighted church for a moment, and glancing down at my feet saw the name "Grant" on an almost obliterated tombstone of white marble, forming a part of the floor. I was standing on it ! "All that is discernible of the coat-of-arms is the left side of the shield, surrounded by an oak wreath. ****** jjjg names of Martha Grant, Michael Hay, and Isabella Richmond, having been perhaps more deeply chiseled than the rest of the inscription, were perfectly readable, but the rest is more or less worn by the feet of many generations of parish- THE FAMILY OF IIAV 115 ioiicrs, being in the centre aisle of the church. The location of this vault proves that the persons wiio lie there were people of prominence in Kings- ton. ****** Tliis tombstone is now partially protected from further wear bi' benches fastened to tlie Hoor, placed there since the church was rebuilt. ****** "About nine feet to the right of tliis tombstone is that of William Hay of Westmoreland. I'.etween tlieni lies Waterhouse of Fcrnclly, Esq., who was born about the same year as William Hay, and his crest is a dog holding something in its mouth. To the left of Michael lies Dr. Samuel Knight, and Bassilia Hawkcs is buried nearer the main entrance. "The gentlemen upon whom I called for advice and assistance from time to time, and from whom I received the greatest courtesy, were : — Mr. Twells, Vice-Consul, acting for Mr. Watts; Mr. W. Anthony Baker of the Sur- veyor-General's Office; Mr. Frank Cundall, Secretary of the Jamaica In- stitute; O'Conner DeCordova, Registrar of the Supreme Court; Mr. S. P. Smeeton, Registrar-General of the Island Record Office, at Spanish Town; and .Archbishop George W. Downer of the Parish Church. "I found it necessary to go out to Spanish Town where the earliest records are kept. The Church of England registers of the different parish- ers, recopicd, together with the wills and deeds, constitute the only vital records of the Island. Of many of the parishes, 1750 is the earliest record, that of Kingston being one of the earliest. Many of the parishes have been amalgamated, and this makes the work of searching more complex. There is now no St. Dorothy, but it is possible that Hay's Savannah, now in Clar- endon, was formerly in that parish. "There were Hawkes in Port Royal, and Michael Hay owned lands there. A land patent in Port Royal was granted to one, John Hay, 15th Sept. 1668. "I am inclined to believe that Michael Hay had no living relatives in Jamaica except those mentioned in his will. ****** |-{g men- tions his sister Jean, who married Dr. George Bethune of Cupar in Fife, Scotland. The Bethunes are of noble lineage, and are now known as the Lind.say-Bethunes. It would seem that the Ballards, Ellises, and Beck- fords, all eminent families in Jamaica, were connected with the Lindsay- Bcthunes, as Sir David Lindsay of Evelick, subsequent to 1752, married Susanna Charlotte Long, widow of George Ellis, while Edward Long mar- ried Mary Ballard, daughter of Thomas Beckford. ****** "Michael Hay appears in Jamaica records about the time of his mar- riage to Esther, only daughter of Judge Martin Wilkins and wife Ann. She was the widow of John Sharpington. His marriage to Ann seems to have brought additional lands to his already large estate, and her property de- scends to Ann Hawkes Hay through the will of his grandfather Wilkins. "Upon the death of his wife Ann, Martin Wilkins married Johanna Roberts, 'a gentlewoman of Vere,' who (probably) outlived him. Sh* was the mother of Isaac Wilkins, and three other children; the latter died young. ii6 THE FAMILY OF HAY "The sister of Judge Martin Wilkins, Mrs. Ann Mister, wlio was a widow for many years, left her property to Ann Hawkes Hay, and she is doubtless the great-aunt for whom he was named Ann. "The name of Hawkes I cannot trace in the family. That there was an Ann Hawkes in Jamaica is proved by the burial record of 'Edward Hawkes,' the property of Anne in Port Royal, 2d Nov. 1737. * * * * "You will see that I have copied the wills of Michael Hay and Martin Wilkins and abstracted the wills and deeds of the contemporary Hays in Jamaica. The records are ample, and I could have spent another fortnight to advantage. ****** That the estates of Ann Hawkes Hay in Jamaica were valuable is proven by the fact that two suits in Chancery were sustained by them — proceedings at that time no less expensive and tedious than at the present day. ****** Michael Hay, after wife Esther's death, married Elizabeth Webb, widow of Archibald Campbell, who was Assistant Governor of Jamaica. His signature, dated 1780 or 90, thereabouts, is preserved at the Jamaica Institute. Of this marriage there was no issue, but Mary Campbell of Scotland may have been her daughter by her first marriage. "Michael Hay owned property in the parishes of Saint Dorothy, Saint Andrew, Saint David, Port Royal, and the parish and town of Kingston. He was administrator of the estate of Martin Wilkins (although his widow Johanna was appointed in the will) and was guardian of Isaac Wilkin. He was likewise administrator of the estate of his wife Elizabeth's grand- mother, Elizabeth Villers ; and was duly appointed guardian of his son Ann Hawkes Hay, for whom he held in trust the estates of Martin Wil- kins and Ann Mister. "Michael Hay's daughter Isabella (named undoubtedly for his mother Isabel Balfour) married Walter Richmond, and died soon after, probably without children, as no Richmond baptisms could be found during the period of their marriage. "At her death, her interest in the Hay estate ceased; her husband re- married. I could not find his will. Nor could I find wills of Isabella Rich- mond, or Johanna Wilkins, as married females could not devise property at that time. "The last record of Ann Hawkes Hay in Jamaica was A. D. 1771. ****** Could not find will of Mary Patty Macey's deceased hus- band Thomas ; he must have died elsewhere. "Did not find marriage of Dr. George Bethune and Jean Hay, but will write to Cooper in Fife with a view of learning her father's name. Will also try through Demarara and New York records to learn the parentage of Dr. George Bethune and his brother Divie (David), mentioned in "Duffeld Family." "Spring Garden Estate is one of the most prosperous in the Island. The old maps at the Surveyor-General's office show two tracts of land in the name of Hay, adjoining Spring Garden in St. Dorothy's, now held by the heirs of Charles Verley, who died while I was in Kingston. Hunt's TIIF, I'AMII.N' Ol- ll.\\- 117 Bay is quite near Kingston. ****** 'llie nearest railway station to Hay's Savannah is May Pen. ****** There appears in the old maps an estate called 'Willikyns,' forming part of Bushy Park. Martin Wilkins was the proprietor of Xightingalc Pen and Old Pen in tlie Savannah (later called Hay's Savannali). ****** "Although Ann Hawkes Hay made many transfers of his property, I fancy tliey were for the most part leases. The 99 years' lease made by his own grandmother, Ann, expired in 1817. (.After his death.) I believe there is property in Jamaica which rightfully belongs to the heirs of Colonel Hay. "I found it necessary to go back and forth to Spanish Town every day, as the local accommodations were poor. By taking the train leaving King- ston at 7:30 in the morning, T was able to spend six hours each day at the Record Office, returning at 5:30, and reaching the hotel in time for dinner. This was my life in Jamaica — working all the time, with an occasional afternoon at the Library Office of the Institute, or seeking information elsewhere. I have taken the liberty of including the cost of these trips among my items of expense which I submit to you for approval. "At last I have found the motto 'Laboranti Palma' among the Hay crests. In Fairbairn's 'Crests of Great Britain and Ireland,' appears 'Hay. Scotland. .Xn arm from elbow, in hand an ox yoke with bows gu. Motto: Laboranti Paima.' ****** "Yours very respectfully, "Laur.\ S. X. Gr.\ham." Not far from the vault that holds the remains of Michael, the father of Colonel Ann I lawkes Hay. is the stone over the dust of Basilia Hawkes, and on this stone is written the following in- scription : — "Here lyes Basilia Hawkes who died after her Brother Richard the ijtli Feb. 1739. "Go; fair example of untainted youth, Of modest wisdom and pacific truth, Compos'd in suffering and in joy sedate. Good without \'oisc, without Pretention Great; Just of thy word, in every thought sincere. Who knew no wish but that the world might hear; Of softest manners, unaffected mind; Lover of Peace, and friend of Human kind, Go, live! for Heaven's Eternall Year is thine. Go, and Exalt thy Morall to Divine. And thou blest Maid, attendant on his doom, Pensive hast followed to the Silent Tomb, Steer'd the same course to the same quiet Shore, Not parted long, and now to part no more. Go, then ! where only Bliss Sincere is known. ii8 THE FAMILY OF HAY Go, where to live and to enjoy are one! Yett take these tears, Mortality's relief. And till I share your joys, forgive my grief. These little Rites : a stone, a verse receive. They are all a Mother, all a Friend can give." 2II1P Will anti (Hahxcii of ^trljai'l i^ac "In the name of God Amen. I, Michael Hay, of the Parish of St. Andrews, in the Island of Jamaica, Esquire, being in good health and of perfect mind and memory, do make this my last Will and Testament in manner following : "First, I desire that all my just debts and Funeral expenses be fully paid and satisfied. Item : I give and bequeath unto my friend James Alves of the Parish of Kingston, Gentleman, the house in which he lives, with the appurtenances, Scituate in Princess Street in the Town of Kingston, To hold to him during his natural life and afterward to revert to my Heir at Law hereinafter named. Item : I give and bequeath unto Isabella Hay, the Daughter of Ann Main late of the Parish of Kingston the yearly sum or annuity of eighty pounds Current Money of Jamaica to be paid to her out of the Rents and Profits of my estate during her natural life by two equal half-yearly payments, the first payment to be made six months after my decease and so forth thereafter, and I do Hereby Charge and Subject my whole Estate real and personal to the payment of the said annuity to the said Isabella Hay. Item : I give, devise and bequeath all the rest and residue and remainder of my Estate both real and personal or of whatever kind or quality the same may be, unto my son Ann Hawks Hay, and to the heirs of his body lawfully to be begotten forever. "But in case my said son shall happen to die before he attains his age of Twenty one years, and without lawful issue, or in case after his attain- ing the age of Twenty one years, he shall happen to die without disposing of my said real estate bequeathed to him, then and in that case, I give and bequeath one full moiety or Equal Half Part of my said real and personal estate unto the several children of my sister Jane Bethune, the wife of Dr. George Bethune of Cooper in Fife, in that part of Great Britain called Scotland, begotten or to be begotten, to be equally divided among them, share and share alike, and to their heirs forever ; and the other moiety or equal half of my said estate, I give and devise and bequeath unto the above named Isabella Hay to hold to her and the heirs of her body for ever, but in case the said Isabella Hay shall happen to die without lawful issue, then I give, devise and bequeath the moiety of my Estate so bequeathed to her, unto the said children of my said sister Jane, to be equally divided among them share and share alike in the same manner with the other moiety of my said Estate bequeathed to them as aforesaid. ****** "And I do hereby nominate and appoint Henry Livingston and John McLean both of the Parish of Kingston in the Island aforesaid, merchants. THE FAMir.V ()!• HAY 119 Executors of this my Last Will and Testament, and Guardians of my said son Ann Hawkcs Hay until he shall attain the age of twenty one years, and I iieroby revoke all former wills by mc heretofore made, and declare this to be my last Will and Testament. "In witness whereof I, the said Michael ITay the Testator have here- unto set my hand and seal this Twenty Sixth Day of April in the year of our Lord one thousand seven hundred and fifty nine (i759^- MICH: Hay (Seal)" "Witnesses : James Brown ; Robert Gordon ; John StanclifFe. "Proved, 19th August 1762, by James Brown, before W. H. Lyttclton. (Island Record Orticc, Spanish Town, Jamaica, West Indies: Wills: Liber 34, folios 12 and 13; Enr. 19th August 1762, Jamaica Island.) (HuMcil "I, Michael Hay, of the Parish of St. Andrew, in the Island of Jamaica aforesaid, Esquire, do make and publish this Codicil to my last Will and Testament in manner and form following : — "Imprimis, I give unto Dr. John Kydd of the Parish of Kingston and Martha, his wife, and unto my daughter Isabella Hay, the sum of Forty Pistoles each, to buy them mourning. Item : I give also and bequeath unto the said Martha Kydd and the said Isabella Hay the rents issues and profits of the Penn commonly called or known by the name of Tittles Penn, now leased to me by Daniel Moore, to have receive take and enjoy the same during the remainder of the term therein yet to come, free and clear of and from the payment of the rent reserved to be paid for the same to the said Daniel Moore; and I hereby subject my other Estate with the payment of the said rent and every part thereof. I also give unto the said Martha Kydd and Isabella Hay all the furniture belonging to me at the said Penn, together with all the Sheep, Goats, and Small Stock thereon, to be to them their Executors administrators and assigns in equal proportions Share and Share alike. And I likewise give unto them, the said Martha Kydd and Isabella Hay, the use of the following negroes (my own property) during the remainder of the term of the said lease yet to come, videlicet, Monimia, Sarah, Celia, and Eve, with their increase, and from and after the determina- tion of the said lease, I will that the said negroes do revert and become a part of my residuary Estate. "Item : I give unto the said Martha Kydd one piece of plate belonging to me called the Jorum-Cup and Cover. I give unto the said Dr. John Kydd my Xew England Horse and Kittoreen and likewise one small Bay Horse now at Mount Pelior Estate in the ParL-^h of St. David. And lastly it is my desire that this Codicil be annexed to and taken as part of my Last Will and Testament. In Witness whereof I have hereunto sett my hand and affixed my seal this first day of February in the year of our Lord one thou- sand seven hundred and sixty two. "Michael Hay. "Witnesses: William Forbes; David Thomas; Campbell Scrogie." 120 THE FAMILY OF HAY It will be observed in the will of Michael Hay that he refers to a daughter by Ann Main, whom he provides with an anuity of about $450, together with the profits, rents, live stock and negro slaves of Tyttles Penn, which last is to be divided with Martha, wife of Dr. John Kydd. It is probable that Martha Kydd was a sister of Ann Main, and aunt of Isabella Hay, who was entrusted to her care on her mother's death. The names of Kydd, Alves, Forbes, Gordon, Campbell, Livingstone, M'Lean, are found among the landed gentry around Edinburgh, Scotland, and it is not un- likely that some of them cam.e to Jamaica at the same time and under the same circumstances as did Michael, and friendships existed between them in the mother country. In his will Michael devises one-half of his estate, under cer- tain conditions, to the children of "my sister Jane Bethune, wife of Dr. George Bethune in Cooper, Fife, in that part of Great Brit- ain called Scotland." Compare this with the will of Isabel Balfour, who speaks of her husband Thomas Hay, Writer in Edinburgh, and their children : Michael, Andrew, and Jean, spouse of Dr. George Bethune in Cupar, Fife, and with the two documents given below, and it will be seen that the parentage of Michael Hay is established beyond any question, while that of his father Thomas is proved by the Factory of Andrew his brother, son of James Hay of Carriber, to be seen in the preceding section of this work. It will be recalled that Isabel Balfour-Hay d. in 1756. We now intro- duce these two deeds, sent by Mr. Henry Paton: — "1/57, January T2th.— Registration in Register of Deeds (Durie, Vol. 216) of Renunciation by Michael Hay, eldest lawful son and apparent heir to the deceased Thomas Hay, Writer in Edinburgh, narrating that he has been charged at the instance of Rachel and Katherine Erskine, daughter of the deceased Mr. Thomas Erskine, Advocate, to enter heir to the said deceased Thomas Hay, his father, ****** but that he, seeing that by serving himself heir may incur great damage, rather renounces his right as heir to his said father's estate and property. Dated at Kingston in the Island of Jamaica 27th April 1756; witnesses, Robert Forester of the Parish of Kingston, merchant there, and William Forbes of the said parish, gen- tleman." "17577 January nth. — Renunciation by Mrs. Jane Hay, daughter to the deceased Thomas Hay, Writer in Edinburgh, spouse to Dr. George Bethune, physician in Cupar of Fife, narrating that they have been charged at the instance of James Blair of Ardblair and David Green, Writer in Edinburgh, to enter heir to the said deceased Thomas Hay, her father, which if she do THE F.\M1I,\' DI- II \\- 121 she will incur great damage thereby. Siie therefore, with her said husband's consent, discharges herself to enter heir to her said father. This is dated at Cupar, Fife, 5th January 1757. (Kdinlnirgh Deeds, Vol. 107)." Rachel and Lalhcrim.' l^r.skino, iiiciitioncil in the Jvenunciation of Michael Hay. were born the one in 1728, the other in 1729, and were the youngest of seven children of Thomas Erskine, advocate, and Rachel Libcrton. It is interesting to observe that Thomas Erskine, their father, was a son of Henry Erskine, third Lord Cardross, of Kirkhill, County Linlithgow, and of Uphall, West Lothian, who established a colony at l?eaiifort, Sotith Carolina, which was destroyed by the Spaniards. Rroken in fortinie, but not dispirited by misfortune, he returned to Europe, attaching himself to the friends of liberty in Holland. He died at Edinburgii 21 May 1693. in the 44th year of his age. He was a distant kinsman of Michael Hay. The family of Grant in Jamaica was one of considerable dis- tinction. Their arms were : Gulc, a chevron eng. ermine between three antique crowns or. Crest, a mountain in flames, sometimes described as a burning hill. John Grant was Chief Justice of Jamaica. Sir Alexander Grant. Bart., was the proprietor of Charlemont Pen (grass farm), near Ity Sugar Estate in St. Thomas ; also one of the proprietors of Bryan Castle/ Great House, Trelawny, originally settled by Bryan Edwards, Esq., Historian of the West Indies. In Liber 29. Folio 67, of Jamaica Wills, is registered the testa- ment of the mother of Mrs. Alexander Grant of Jamaica, Ann Mister, widow (nee Ami Wilkins), in which "all lands owned by her in any ])art of tlie .world arc left to Michael Hay, in trust for her great-nephew, Ann Ilawkes Hay. until the latter shall become of age ; and five hundred pounds in cash to Isaac, son of her brother Martin Wilkins, deceased. In case Isaac shall survive Ann Hawkes Hay, then Isaac shall receive," etc. llliikiua The family of Wilkins in Jamaica was descended of an eminent family of that name in Wales. They were related to Oliver Cromwell, Protector of England, and the branch of the family which settled in Jamaica removed from Glamorganshire, Wales. 122 THE FAMILY OF HAY Judge Martin Wilkins was one of the five Assistant Judges for the Island under the Act of 1744, and a wealthy planter pos- sessed of large estates and many slaves. He married ist 19 Nov. 1718, Ann Pichell, the widow of John Sharpington, son of Benjamin Sharpington by his wife Elizabeth Wilsted, by whom he had an only child, Esther Wilkins, baptised 4th July 1724, married 14 June 1743, Michael Hay, and died 25 Aug. 1745, leaving one son Ann Hawkes Hay, of whom later. Judge Wilkins m. 2d on May 2d, 1733, Johanna, daughter of Thomas and Johanna Roberts, and granddaughter of Philip Rob- erts of the Parish of Vere, by whom he had children : i. Martina, bap. 16 Feb. 1738; ii. Isaac; iii. Philip, bap. 6 Sept. 1744; iv. Thomas Lindsay, bap. 7 Jan. 1746. His will is dated 1750 and proved 1750, when he must have died. The father of Judge Martin Wilkins was Isaac Wilkins, de- ceased, ante 1700, and his godfather was Martyn Wilkins of the Parish of St. Andrews, who married Mary Wilkins (vide Wills: Liber 9, folio 119, Jamaica records). Isaac Wilkins, clergyman, only surviving son of Judge Martin Wilkins, by his 2d wife Johanna Roberts, and half-brother of Esther, who married Michael Hay, was born at Withewood, Jamaica, W. I., 17 Dec. 1742, and d. at Westchester, N. Y., 5th Feb. 1830. Sent to New York by his father to be educated, he was gradu- ated at Columbia University (then King's College) A. D. 1760. His parents dying when he was a child, his care devolved upon his maternal aunt, Mary Macey, wife of Thomas Macey. He was m. 7 Nov. 1762, to Isabella, daughter of the Hon. Lewis Morris, son of Lewis Morris by his wife Isabella, daughter of Sir John Graham. He resided at Morisania for a few years after marriage and then purchased an estate known as Castle Hill in Westchester County, N. Y., and was a member of the Colonial Legislature in 1772. When trouble arose between England and her American colo- nies, he boldly and openly proclaimed his allegiance to England, and was forced to leave the country in 1775, seeking refuge in England, and was allowed by the British Government an annuity of 125 pounds. Returning to New York before the close of the War of Independence, he sold his property in Westchester, and THE FAMILY Ol' HAY 123 resided in Long Island until the return of peace. In 1784, he removed to Nova Scotia and took an active part in political affairs. He went back to New York again in 1794, studied for the Epis- copal ministry, was ordained Deacon of the Church in Westches- ter, A. D. 1798, and soon called to the Rectorship; was ordained Priest in the same church 14 January 1801, and received the degree of Doctor of Divinity from Columbia A. D. 181 1. Lewis Morris Wilkins, son of Isaac Wilkins, D. D., was a member of the House of Assembly of Nova Scotia, Speaker of that body, and Judge of the Supreme Court. Lewis Morris Wilkins, Jr., son of the above, was b. 24th May 1801 at Halifax. Nova Scotia, and d. 14 March 1885, having been graduated at King's College in 1819, and studied law, becoming an eminent Canadian Jurist. Among the descendants of this family in South Carolina were and are: Martin, Berkeley, Gouveneur, and Sarah Wilkins — the latter still living in Charleston. S. C, and children of Gouveneur, recently deceased, residing at Greenville, S. C. The first wife of Major Screven of South Carolina was a member of this family of Wilkins, his 2d wife being Miss \^an. mill of 3ubgp Martin aiUkina "In the name of God Amen. I, Martin Wilk'ns, of the Parish of St. Dorothy, in the Island of Jamaica, Planter, being of sound mind and mem- ory do make and ordain this my last Will and Testament in manner and form following. Imprimis I will that all my just debts and funeral charges be paid leaving my body to be buried according to the discretion of my dearly beloved Executri.x hereinafter mentioned. To my much respected sister Ann Mister I give twenty-five pounds to buy her a suit of mourning being sensible that with her Estate she can want no more from mine. To my wife's sister Mary Macey, widow, I give a Ring of five pounds value for her remembrance of me. To my dear and only grandson Ann Hawkes Hay and to his heirs forever, not excluding any right my son may have after my said grandson's death, I give all the lands and Xcgro Slaves with their issue and increase mentioned in an Indenture Tripartite, copy here- with, signed by his grandmother .Ann Wilkins, Adam McQuestin, and my- self, the nineteenth day of January in the year of our Lord one thousand seven hundred and nineteen, without taking advantage of any other writing, and without charging him, my said grandson, with the several Bonds, lare Debts, and a Chancery Suit I have paid since that time from my own Estate to satisfye the debts due from his grandmother's, the above lands and negroe slaves, provided no trouble, charges, or disputes, of any kind 124 THE FAMILY OF HAY whatsoever by his Guardians, Himself, or Anybody in his stead, be given or made to my wife or son in regard to anything done by me in my life- time. To my dearly beloved wife Johanna Wilkins I give for ever my Chariot, all my plate, jewels, household furniture, and half of my ready Cash, with half of what money which shall any ways be due to me by mort- gage, bounds, notes, or accounts ; I also give to my said wife during her natural life and whilst she continues my widow, the one half of the rent of my estate both real and personal not meaning any part of the above remaining moiety of cash, mortgage, bonds, notes, or accounts, wheresoever it be in any part of the world in lieu of her thirds. All the rest of my Estate both real and personal I give and bequeath to my only and most dear son Isaac Wilkins and his heirs forever. But should he dye before he arrives to the age of twenty-one years or before he has legitimate issue, then I give to my wife and her heirs for ever all the negro slaves and their issue which were her property before our marriage at that time then living. And if both my son and grandson should dye before they arrive to the age of twenty-one years or before they have legitimate issue, so far as I have power to devise or bequeath, notwithstanding anything I may have said to the contrary in this Will, this is my Meaning — I then give to my dearly beloved wife and her heirs my whole Estate both real and personal forever. Lastly I herewith nominate and appoint my dear and good wife Johanna Wilkins whole and sole Executrix of this my last Will and Testament. In witness hereof I the said Martin Wilkins have to this my last Will and Testament and to another of equal date Indenture and Signification in all respect sett my hand and seal this nineteenth day of December in the year of our Lord one thousand seven hundred and forty-eight. MARTIN WILKINS. Witnesses : — Arundel Burton, Dan Baylie, John Barjean. (Island Record Office, Spanish Town, Jamaica, W. I.; Wills: Lib. 28, f. 29.)" The following i.s extracted from the Indenture Tripartite, or 99-year lease of Ann Sharpington's Estate, which was bequeathed by his grandfather, Martin Wilkins, to his and her grandson, Ann Hawkes Hay. As the lease expired not until 1819, and Colonel Hay died A. D. 1785, and as it is positively known to the present generation of Colonel Hay's descendants — some of his grandchil- dren still survive — that his heirs never came into this property, it is an interesting question to ask, What became of this property? May not the heirs now living have a just claim on the landed tracts described fully in the lease? Would such claim be barred by the Statute of Limitation under the English law? Would ignorance on the part of the heirs that they had such a claim 1 III'. 1\\.MII.\' ()|- II \\' 125 prevent a rlcfcnce being set up b\' the present possessors under the Statute of Limitation? Or were these lands confiscated by Great Britain? These questions are left by the descendant, the historian. ti> be answered l)y the descendants of the lej^al ])rofes- sion. The document is far t