Memorials of the Montgomeries

Decree of Divorce by the Minister and Elders of the Kirk of Edinburgh, of Hugh Earl of Eglingtoun (age 31) from Jane Hammiltoun, his wife, 25th June 1562.

At Edinburght, the tuentie fyve day of Junii, the zeir of God I^M V^e thre scoir and twa zeiris: The quhilk day, anent the actione and cans perseuit be Jane Hammiltoun, dochter to ane nobill and mychtie Lord and Prence, James Duke of Chattellarault, Erie of Arrane, Lord Hamiltoun. etc., makand mentione, that quhair in the zeir of God I^M V^e fyfde four zeiris, the said Jayne was joynit and ouppillit in lauchfull matrimonye with Hew Erie of Eglingtoun, traisting to haif lenit with him in that holie band senoeirlie and purelie according to GDddis institutione, and that the said Jaync for hir pairt had sa behad hir self towart the said Erie, baith in boddie and in mynd, that the warld on that ane pairt can beir recoird that scho hes nocht offendit outwartlie to him; ewin likwayis hir conscience on that vther pairt accusis hir nocht of ony offence conmiittit be hir to the said Erie sen thair first joyning in the said iand: Nochttheless the said Erie, on that vther pairt, be the space of halff ane zeir immediatlie preceiding the ziii day of December, the zcir of Grod I^M V^e. Ix, and thairthrow hes ceissit this lang tyme to be heid of the said Jayne, bot hes diuorceit him selff fra hir .... in manifest contempt of God and his woird, that he is becummin the member or seroand to ane harlat, and sa diuorceit him selff fra the said Jayne that scho ceissis and hes ceissit this lang tyme bipast, baytht of the law of God and man, to be ony mair flesche of his flesche, or member of his bodie, and being in this maner repudiat be him, and diuorceit in presens of God; zit becaus the said Jane wantit declaratour of the kirk, scho menit hir to the Loirdis of Secreit Coimsale to the effect scho niycht be declairit frei; and the saidis Loirdis considdering hir caice, gaif commissioun and command to the minister of Glasgow, senioris, and kirk thereof, to cognosce and decyd in the said cans, and to deceme and declair quhither the said Jayne wes frie or nocht; quha causit summond the saidis pairteis, and at the day of compeirance did na thing thairin, bot maid ane pretendit continewatione without compeirance of the pairtie aduersar, and the said minister of Glasgow depairtit in Ingland, and the elderis thairof gaif plane ansuer of refuis, that without his presence thai wauld do na thing; and in this tyme the said Jane wes haldin bound and hie frie, according to his pleisour (althocht syin be na libertie), to do quhat him lykit, and pas quhair he pleissit, and than intendit, lik as he did pas in France, to tak lairger rcinzeis to sin, and to hauld hir in greit boundage: Quhairfoir, sen the said Jane hes suttit the declaratour of the said actione within the diocic quhair bayth the saidis pairteis duellis, and could nocht haif it onlie throw the absence of the said minister, and vtheris occasionis notour to the saidis Loirdis, directit thair conunissioun to the minister and elderis of the kirk of Edinburght, quhair plentie of cunning men mycht be had, with Ttheris sax personis nominat in the said commissioun, or ony tua of thame, to be present with the saidis ministeris, elderis, and deaconeis, at all the substantial! deuteis of the said actione; committing thame power to call baytht the saidis pairteis befoir thame, and tak cognitione in the said mater, and to pronunce thair sentence thairintill, according to the ewangell and law of Otod\ as at mair lenth is contenit in the said conmiissioun, and Jaynis libellit precept gevin in befoir the sudis jugis thairvpoun: The said Jayne Hammiltoun compeirand personalie in jugment be Maister Dauid Boirthuik, hir procuratour, on that ane pairt, and the said Erie being lauchfullie vaimit be our souerane ladeis letteris to haif hard sentence pronuncit in the said cans, on that yther pairt, oftymeis callit, lauchfull tyme of the day biddin, and nocht compeirit; the rychtis, ressonis and allegationis of baytht the saidis pairteis hard, senc, considderit and vnderstand, to^dder with the depositionis of diuers famous witnessis, chosin, suome and admittit thairto, the said Minister and Elderis of the kirk of Edinburght, that is to say, Johne Knox, minister, Mr. Johne Spottiswod, superintendent of Louthiane, Maister Johne Spens, aduocat to oure soueranc ladie, Alexander Outhrie, Mr. Eichert Strang, Maister Johne Marioribankis, Maister Clement Littill, Maister Robert Glen, Alexander Park, Andro Sclaitter, Andro Armiestrang, Williamc Harlaw, Alexander Hoip, James Aikman, Eobert Johnestoun, Johne Freir, Johne Weir, Alexander Lyell and Johne Gaimis, Elderis and Dcaconeis of the said kirk; Maister James Makgill of Eankelour Nather, clerk of regester, and Dauid Forres, gennerall of the cunzehous, tua of the leirnit and nobill men appoyntit be the saidis loirdis of secreit counsall to be adioynit to the said minister and elderis at the principall dyettis of the said actione, being at lenth ryplie awysit with the haill proces led and deducit in the said caus, togidder with the depositionis of the haill witnessis rcssauit, suome, and admittit in the samyn; findis be cognitione talking, that the tyme abone writtin the said Jayne, as is notour, wes joynit in lauchfull matrimony with the said Hew Erie of Eglingtoun, traisting to hau leifit with him in that holie band according to Ooddis institutionc, and sen syn the said Jayne hes so behad hir selff towart the said Erie in hir bodie, that he, nether zit the warld, is abiU to imput to hir ony offence or cryme; Nochttheless the said Erie, be the space abone writtin, hes .... and thairthrow hes ceissit, baytht of the law of Ood and man, to be ony mair flesche of his flesche or member of his bodie: Heirfoir decernis and ordanis the said Jayne to haif bene sen the tyme foirsaid, and to be in all tymeis cuming, the frie pcrsone, als fre of the libertie grantit to hir of the woird of God to marie of new in the Loird quham scho pleisis, as that scho had neuer contractit manage with the said Erie of befoir; and separatis, diuoydis and diuorcis the said Jayne fra the said Erie, his bodie, cumpany, and bed, in all tymeis cuming, be ressone of the adultrie committit be him foirsaid, notoriuslie and planelic prowin be the saidis witnessis, and pronuncis the said Erie to hau bene sen the tyme foirsaid the filthie adulterar, lowing him alvayis for committing of the cryme foirsaid to the puneishment of the ciuil jugement, as is requirit of the law of God: Bccaus the said Jayne cleirlie prewit the said adulterie, as wes notorius to the saidis jugis: Extractit fiirth of the buik and regester of the kirk of Edinburght be me, Michael Marioribankis, clerk thairof, keipar of the regester of the samyn, witnessing heirto this my handwrit and signe manuall.

Mtchael Mabiorybankis.

Contract of Marriage between Hugh third Earl of Eglintoun (age 31), and Dame Agnes Drummond (age 39), sister (uterine) of George fourth Earl of Huntlie (age 48), 8th June 1562.

At Innerpreffre, the aucht day of Junii, the zere of God I^M V^e threscoir tua zeris: It is appunctuat, finally concordit and contrackit betuix ane nobill and mychty lord, George Erie of Huntlie, Dame Mergret Stewart, Lady Gordoun, and Dame Agnes Drummond, Lady Lowdoun, sister to the said Erie and dochtir to the said Dame Mergret, on that ane part, and ane nobil and potent lord, Hew Erie of Eglintoun and Lord Muntgumry, vpoun that wther part, in maner folloving; that is to say, the said Hew Erie of Eglintoun sail, Godwilling, mary and tak to his wyfe solempnatlie, in face of halie kirk lauchfullie, the said Dame Agnes, betuix and the Natanite of Sanct Johnne callit Mydsomer nixtocum: For the quhilk manage to be compleitit as said is, the said George Erie of Huntlie, Dame Mergrat Stewart, Lady Gt)rdoun, and the said Dame Agnes, bindis and oblisis thame, thair airis, executouris and assignais, coniunctlie and seueralie, to content, deliuer and pay to the said Hew Erie of Eglinton, his airis, executouris, or assignais, the sovme of sax thousand merkis Tsuale money of this realme, in name of tochir. . And als the said Dame Agnes sail releif wyth her leving the said Hew Erie of Eglintoun of the sovme of sax hundreth merkis money to be payit to Dame Jehane Hammyltoun, dochtir to my Lord Duik, ay and quhill the payment of the sovme abone writing to be payit to the said Hew, Erie, in maner as said is: And howbeit thare be na impedimentis of consanguinite or affinitie knawin presentlie betuix the saidis parteis, bot that thai may compleit the said band of matrimony lauchfullie as said is; and giff thair salhappin heireftir ony impedimentis of consanguinite or affinite in tyme cummyng to be knavin betuix the said parteis, quhairby thai may nocht remane in lauchfull matrimony; than and in that cace the said Hew, Erie forsaid, bindis and oblisis him and his forsaidis, to bring hame fra the court of Rome sufficient dispensationis contenand confirmatioun, or to obtene the sammyn at ony handis haueand power thairof, to dispens with sic impedimentis that salhappin to be knavin or proponit, vpoun the said Hew Erlis expensis: And gif it salhappin the said Hew, Erie forsaid (as God forbeid), to move ony cans of diuorce aganis the said Dame Agnes in ony tyme to cum, than and in that cace the said Hew Erie bindis and oblisis him and his airis, to refund, content and pay to the said Dame Agnes, the sovme aboun writing, or at the leist samekle thairof as beis ressauit be him fra the said Dame Agnes; and by the said sovme, the said Dame Agnes sail bruik all landis in the quhilkis scho beis infeft in be the said Hew, Erie forsaid, induring hir lyftyme: And siclyk, gif it salhappin the said Dame Agnes to move ony cans of diuorce aganis the said Hew Erie in ony tyme to cum, than and in that cace the said Dame Agnes, now as than and than as now, renuncis and ourgevis all and sindry landis pertenyng to the said Hew Erie, in the quhilkis scho happinnis to be infeft in, with all rycht, titill of rycht and clame scho may haue to the samyn, and exoneris quytclamis and dischargis the said Hew, Erie forsaid, of all sowmes of money, guidis and geir, quhilkis scho may ask or craif fra the said Erie, gevin to him for the completing of the said mariagc: And for sure payment of foure thousand merkis money of the said sax thousand merkis money, Robert Craufurd of Clolyane ar becumin cautionaris and souerteis, comunctly and scueraly, with the saidis George Erie of Huntle, Dame Mergret and Dame Agnes, to be payit at the tennis forsaid. .... And for fulfilling, keping and observing of all and sindry thir premisis, the saidis parteis and cautionar ar content that this present contract be insert and registrat in the buikis of our souerane Ladvis counsall, and the Lordis decreit and authorite thairintill to be interponit .... In vitnes of the quhilk thing the saidis parteis and cautionar forsaid hes subscrivit this present oontraot with thair handis, day, zere and place forsaid, befoir thir vitnes, honorable men, Maister James Gordoun, Chancellar of Murray, Mathow Campbell of Lowdoun, knycht, schiref of Air, James Cheishohne of Cnimleikis, Williame Maister of Eglintoun, Johne Stewart of Bowhous, and Maister Robert Herbertsoun, vicair of Abruthtwen.