III.

BARONY OF SPYNIE-1785.

[For a long and very able article on this case, exposing the glaring misconceptions, contradictions, and misrepresentations of Lord Mansfield, vide "Riddell's Inquiry into the Law and Practice in Scottish Peerages, before, and after the Union," pages 654 to 707. Edinburgh, 1842.]

ALEXANDER LINDSAY, a younger son of David, Earl of Crawford, was a great favourite of King James VI., and held the offices of Vice-Chamberlain and Gentleman of the Bed Chamber. He attended his Majesty to Norway in November 1589, and made considerable pecuniary advances to his royal master on that occasion. He married Lady Jane Lyon, CountessDowager of Angus, and the King previously condescended to solicit her hand for his favourite, and addressed a letter, under his own hand, to her, in which he urges the lady to listen favourably to her lover, and promises to take them both under his especial protection.*

In 1590 his Majesty raised Mr. Lindsay to the Peerage by the title of Lord Spynie. The only existing writing to which this creation is referable is a Crown charter, dated the 6th of May of that year, by which the lands, lordship, and barony of Spynie, and various other lands in the counties of Elgin, Inverness, and Banff, formerly the possessions of the Bishop of Moray, are conveyed to the grantee, his heirs and assigns. These estates were erected into the Barony of Spynie, and

* A fac-simile of this singular document will be found in the "Abbotsford Miscellany," 4to, Edinburgh, 1837. The original is preserved amongst the Balfour MSS. in the Library of the Faculty of Advocates, Edinburgh.

thereafter follows this clause: "Dando, concedendoque dicto Magistro Alexandro, suis predictis, Titulum, Honorem, Ordinem, et Statum liberi Baronis, qui nunc et imperpetuum Barones de Spynie nuncupabuntur."

The "Tenendas" clause is in these words :— "Tenendas et Habendas totas et integras terras et Baroniam de Spyne nuper (ut dictum est) erectam comprehendend. particulariter omnes et singulas prenominatas terras, dominia et baronias, &c. prefato Magistro Alexandro Lindsay, heredibus suis et assignatis, in feodo et hereditate, liberaque baronia imperpetuum."

Lord Spynie sat and voted in the first Parliament summoned after his creation, and obtained a Parliamentary ratification of the Crown grant in his favour.* In this act the charter is engrossed at full length, and is confirmed in every respect, and of new "gevis, grantis, and disponis to the said Alexander, Lord of Spyne, and Dame Jane Lyoun, Countes of Angus, his spous, the langest levar of thame tua in coniunctlie, and to the aires laufullie gottin or to be gottin betuix thame, quilkis failzeing, to the narrest and lauchfull airis mail of the said Alexander quhatsumevir and thair assignais, heritablie, all and sindrie," &c. "To be all unitit, annexit, and incorporat, lyk as our souverane Lord, with ausie foirsaid, unitis, annexis, creattis, and incorporatis the samen in ane temporall Lordschip and Baronie, callit and to be callit in all tymis cumming the said Lordschip and Baronie of Spynie: and gevis and grantis to the said Alexander Lord of Spynie and his foirsaidis, the Honor, Estate, Dignity, and Preeminence of ane frie Lord of Parliament, to be intitulat Lords of Spynie in all tyme cumming, with all privilegis belanging thereto: To be haldin of our souerane Lord and his successors in frie heritage, and in ane frie temporal Lordschip, Baronie, and Regalitie for ever."

This act was followed by a Crown charter, dated 17th April 1593, with the same destination, conveying the barony, and especially giving and granting to Alexander Lord of Spynie, "suisque heredibus et assignatis supra recitatis," the title, honour, order, and status of a free Baron and Lord of * Thomson's Acts of Parliament, 2d vol. p. 650.

Parliament, who should be styled and entituled Lord of Spynie in all time to come.

Alexander, first Lord of Spynie, died in 1607, and was succeeded by his son Alexander, then an infant, who in 1621 was served heir to his father, and thereafter was infeft in the estates.

It appears that a Crown charter was passed on the 26th of July 1621 in favour of the second Peer, by which in the outset his Majesty gave and disponed to his Lordship, and his heirs-male and assigns whatsoever, the lands of Ballysack, &c. as also various patronages of churches, unnecessary here to enumerate. These lands and patronages are stated to have belonged to Alexander Lord Spynie, Sir John Scrymgeor of Dudhope, Knight, James Tweedy of Drummelzier, James Harper, and David Mitchell, merchant-burgesses of the city of Edinburgh, and to have been resigned in the hands of the Crown for new infeftment, "consanguineo Alexandro Domino Spynie, heredibus suis masculis et assignatis."

These lands and patronages are distinct from those originally erected into the Barony of Spynie, and were intended to be substituted in their place, as will be seen from the following clause, by which a new destination is apparently given to the descent both of titles and estates. It may be here as well to remark, that there never appears to have been any resignation of the honours of Spynie in the hands of the Crown by the second Baron-unquestionably a valid mode of changing the order of succession—but, on the contrary, there was merely a new creation, with a different remainder, without any other attempt at destroying the original substitution.

Præterea, nos considerantes, quod nos ex nostra specialibus gratia et favore, erga dictum quondam Alexandrum Dominum Spynie, patrem dicti nostri prædelicti consanguinei, Alexandri, nunc Domini de Spynie, gesto . . . . die mensis Anno Domini Millesimo . . . fecimus et creavimus dictum quondam Alexandrum Dominum Spynie temporalem Dominum, ac dedimus et disposuimus dicto quondam Alexandro Domino Spynie, totas et integras temporales

terras et Episcopatus de Murray, quæ in unum liberum dominium et baroniam, Dominium de Spynie nuncupat., unita fuerunt, et quod postea, nos, episcopos ad suam integritatem restaurare determinati, dictus quondam Alexander, Dominus Spynie, nostro mandato, suum jus et titulum integrarum terrarum et ecclesiarum ad patrimoniam dicti Episcopatus de Murray, pertinen., voluntarie renunciavat et extradonavit, ac nos volentes quod sicuti titulus, honor et dignitas, dicti Dominii de Spynie ad dictum nostrum prædilectum consanguineum Alexandrum nunc Dominum Spynie pertinent, ac cum ipso et successoribus suis remanent, ita etiam una pars terrarum et status de præsenti ad dictum nostrum prædilectum consanguineum, Alexandrum, Dominum Spynie, pertinen. nomine dicti Dominii de Spynie in perpetuum gaudebit. Igitur, nos, cum avisamento et consensu prædicto, ordinavimus et ordinamus prædict. villam et terras de Ballysack, cum maneriei loco et fortalicio earundem, terras maneriei, locum et fortalicium de Spynie nuncupand. Et similiter, nos, cum avisamento et consensu præscript. de novo fecimus, univimus, annexavimus, creavimus, et incorporavimus, tenoreque præsentis cartæ nostræ, facimus, unimus, annexamus, creamus et incorporamus, Omnes et Singulas terras, aliaque prescript., cum manerierum locis, fortaliciis, domibus, edificiis, hortis, pomariis, molendenis, multuris, tenentibus, tenandriis libere tenentium, servitiis, partibus, pendiculis et hujusmodi pertinen., cum advocatione, donatione, et jure patronatus beneficiarum dignitatum, aliorumque supra mentionat., et omnibus privilegiis, communitatibus, casualitatibus, proficuis, et divoriis iisdem spectan. et pertinen. in unum integrum et liberum Dominium et Baroniam nunc et omni tempore a futuro, Dominium et Baroniam de Spynie nuncupand. ordinand. prædict. maneriei locum et fortalicium antiquitus nuncupat. maneriei locum et fortalicium. de Ballysack, et nunc et omni tempore a futuro, maneriei locum et fortalicium de Spynie nuncupand. principale fore messuagium dicti dominii de baroniæ: ac volumus et concedimus et pro nobis et successoribus nostris, decernimus et ordinamus, quod dictus noster consanguineus, Alexander Dominus de Spynie, suique antedicti, prædicto titulo et

ordine dignitatis dicti dominii de Spynie, [fruentur?] cum omnibus honoribus, dignitatibus, prerogativis et preeminentiis eisdem spectan., secundum tenorem infeoffamenti dicto quond. suo patri desuper confect. ac secundum dicti quond. sui patris creationem, in temporalem Dominium, tempore præscripto."

Alexander, the second Lord Spynie, married Lady Margaret Hay, daughter of George, first Earl of Kinnoul, and by her had Alexander, who married, but predeceased his father without issue, George, who succeeded him, and two daughters, Margaret and Anne.

George, the third Lord, suffered both in his property and person during the Usurpation on account of his loyalty. He was long confined in the Tower of London; his estates were forfeited; he was excepted in Cromwell's Act of Indemnity in 1654, and he was obliged to pay a large fine to the Protector for a reversal of the forfeiture, whereby he incurred very heavy debts, and his estates were sold or carried off by his creditors in his lifetime. He died insolvent in 1671, without issue, and bis testament was confirmed by his brother's widow, Jane Lindsay, as executrix-creditrix.

His sister, Margaret Fullarton, married William Fullarton of Fullarton, Esq., in the county of Perth, but she did not assume the honours; and although the Peerage was included in the Parliament roll made up at the Union, and was regularly called along with the other Peerages at elections, no attempt was made by the heirs of this lady to vote, or to claim the dignity, until the year 1785, when a petition was presented to the King on behalf of William Fullarton, Esq., great-great-grandchild of the Honourable Margaret Lindsay, claiming the honours as heir-general of the marriage between Alexander, first Lord Spynie, and Jane, Countess of Angus. This petition was referred to the House of Peers, and by their Lordships, 1st March thereafter, again referred to a Committee of Privileges.

In the case lodged for the claimant he maintained, that by the original creation the honours were destined to the heirsgeneral of the marriage, and that the charter 1621, by which a limitation to heirs-male was introduced, could not affect the