Agnes Hepburn

[Brochure from Manorhamilton Heritage Centre] In 1645, Hamilton's wife Sidney died, and Hamilton remarried the following year. His new bride was Agnes Hepburn. Sir Frederick returned to Scotland in 1647 and died suddenly in Edinburgh in the November of that year. Following his death, his Castle still held a military presence but its end was nigh and in 1652 it was burnt to the ground by a strong party of native Irish from North Connacht and Ulster.

https://www.st-andrews.ac.uk/history/ssne/item.php?id=1184
He was twice married - first to Sidney, daughter of Sir John Vaughan, and then to Agnes, daughter of Sir Robert Hepburn - and he became the father of the barons Hamilton of Stackallan and the Viscount Boyne.

https://www.dib.ie/biography/hamilton-sir-frederick-a3737
He had married, firstly, Sidney, daughter of Sir John Vaughan (qv), the governor of Derry. They had a daughter, Christina, and three sons, all of whom became soldiers. James and Frederick both fought in their father's regiment in 1645–6, while Frederick died in 1647 in the Irish wars, in Connacht. The youngest son, Gustavus Hamilton (qv), later 1st Viscount Boyne, achieved fame in the Irish campaigns of King William (qv). A second marriage, to Agnes, or Alice, daughter of Sir Robert Hepburn of Alderstown, in Scotland, produced no children.

Sir Frederick's will is dated 25 December, 1647, and is in the Scottish Record Office. Even though the document is called a will, it really is about the winding up of his business affairs and his assessment of what he is worth rather than stating who receives what upon his death. Listed are his outstanding debts to four of his business partners as well as the money due to his widow, Agnes (his second wife), according to the terms of her marriage contract. Mentioned also are his moveable assets (property which is not land) and includes six stone of silver plate worth 4,333 pounds and six shillings, curtains, tablecloths, napkins, two old feather beds, etc., which in total was valued at 5,840 pounds, 12 shillings

337. Hamilton, James Manorhamilton, Co Leitrim
to Lady Anne [sic] Maxwell, the relic [of Sir Frederick Hamilton]
To Sidney & Hannah Hamilton the daughters [of James]
Admon granted 29 Day March 1661

338. Hamilton, Frederick Manorhamilton, Co Leitrim, Knight, to Lady Anne Maxwell als the relict
Sidney & Hannah the (grandaughters, daus of deceased son James)
Gustavus, the son
Admon granted 29 Day of March 1661

The Scots Peerage "Hamilton, Earl of Abercorn" page 45
Sir Frederick Hamilton married, secondly, Agnes — who married secondly, before 29 March 1661, John Maxwell.

Memoirs of theMaxwells of Pollock by William Fraser Vol 1, Memoirs & Charters Edinburgh 1863
p. 482 The Maxwells of Calderwood
https://archive.org/details/memoirsofmaxwev100fras/page/n6/mode/1up...

" Sir James Maxwell married, first, Jean, daughter of Sir James Hamilton of Evandale and Lady Margaret Cuningham, daughter of James, seventh Earl of Glencairn, and the third wife of his own father. Jean Hamilton was born in March 1605. Of the first marriage there were two sons and one daughter. Sir James married, secondly, Mary Couttes, but of what family she was is not known. It is said that Sir James married her on account of her beauty, and this tradition recieves some confirmation from their contract of marriage, in which their is no tocher received with the lady, and there are no consenting relatives. Their marriage-contract is dated 1st July 1637, and by it Sir James bound himself to infest her in liferent, and the children of their marriage in fee, in an annual rent of 400 merks from the lands of Calderwood. Of this second marriage, there were two sons and three daughters, - William, Alexander, Anna, Henrietta, and Susanna, who will afterwards be mentioned more particularly.
Sir James Maxwell's family were -
1. John, eldest son by his first marriage. On the 19th August 1653, Sir James Maxwell assigned to John, his eldest son, a bond for 314 merks. He married Agnes Hepburn, "Lady Milntoun, " relict of Adam Whitford of that Ilk. She was also relict of Sir Frederick Hamilton of Manor Hamilton, Ireland. The contract of marriage of John & Agnes is dated in 1648, and registered in the Books of Session on 9th July 1661. This marriage was a very unhappy one, and on the 25th July 1661, Agnes Hepburn applied to the Lords of the Privy Council for protection against the ill-usage of her husband. Her complaint sets forth-
" That where in the yeir of God 1648, the said compleaner being lawfullie maryed to John Maxwell, sone to Sir James Maxwell of Calderwood, and she expecting nothing else bot to have lived a peaceful and quyet lyfe with him ay bed and boord, in all godliness, peace, and honesty, conforme to the
lawes of God and this kingdome: Notwithstanding it is of veritie that her said unaturall husband, casting out all fear of God , and the affectione and deuty he owes to the said compleaner, hes without and just ground or offence on her pairt, these sewerall yeirds bypast caryed and behaved himself most harshlie, cruelie, and baselie towards her, not only shunning to keip conjugall society with her, bot strykes and abuses her with staffs, hands, and feett, to the perrill and hazard of her lyfe, and frequent fear of death, and hes diverse tymes thrust furth her and the poor chyld, Margaret Maxwell, prcreat betnixt them, out of the house, whereby they have bene necessitate diverse nights to ly in his stable besyde his beasts. And not being content therewith, he most unmercifullie with holds and deteanes not only that which she was provyded unto by the deceist Adam Whytfoord, the said compeaner's first husband, to witt,
the houses and yeard of Milntoune, eight chalders victuell, anf eight hundreth merks Scotts money yeirly, and the soume of ane thousand merks money provyded to her be himself, conforme to the contract of mariage past betuixt them. Bot most unnaturally intends to depart furth of this kingdome, and to leave her destitute of all comfort worldly. And as the said compleaner is informed, he hes disposed of her joynture to William Lindsay of Belstaine, or some other, to the utter undoing of her and her poor chyld, whereby as hes offended God, so he hes contemned soveraign authority, and reduced the said compleaner to extream miserie and necessitie, having litle or nothing to maintaine her self, but by the charity of friends. And anent the charge given to the said Johne Maxwell, to have compeired personallie before the Lords of Privie Councill, this present day, to have ansuered to the premisses, and to have heard and sene hiself decerned and to pay to the said compeaner, and her said dochter, dureing the tyme of his cohabitatione with her, such soume or soumes of money yearlie for her aliement and sustenatione as the said Lords should think just and expedient, as also to restore her to her house of Miltoune, and putt her in peaceful possessione thereof, as haveing right thereto in maner foresaid. And farder, to have heard and sene such in order taineanent the remjanent of the said complaint as appertained.

John Maxwell failed to appear in council to answer this complaint, and the council ordained letters to pass against him for denouncing him rebel etc.
John Maxwell died before 10th February 1682. His younger brother consanguinean, Willia, after Sir William, became his heir-male and taillie.

Of John Maxwell's unhappy union with lady Milton, there was, as stated in the above proceedings, only one child, Margaret Maxwell, who married Lawrence Scott of Bravilaw. Thier post-nuptial contract is dated 13th March 1671, according to which she was to be insest in liferent in the lands of Bavillaws or Bewlands; and, on the other hand, to assign to her husband her tocher of 18,000 merks Scots, due to her as the only daughter of John Maxwell, eldest son of Sir James, and Agnes Hepburne, her mother. Lawrence Scott died before 12th December 1679. ... Margaret Maxwell survived her husband and was alive on 10th Feb 1682.

References

• https://www.wikitree.com/wiki/Hamilton-24823
• The Scots peerage; founded on Wood's edition of Sir Robert Douglas's peerage of Scotland; containing an historical and genealogical account of the nobility of that kingdom by Paul, James Balfour, Sir, 1846-1931, (1904) Page 45. Archive.Org
• http://www.thepeerage.com/p11035.htm#i110348