Elizabeth Hamilton, primus, Lady Calderwood

ELIZABETH HAMILTON primus, lady Calderwood

Spurious Pedigree

According to the late Sir William Fraser, Elizabeth Hamilton, here treated, who is said by him to have married Sir John Maxwell of Calderwood, Kt. was the eldest daughter of Alexander Hamilton of Innerwick. Maxwell Memoirs I: 471 This is wrong. Elizabeth Hamilton, here treated, is in fact the daughter of Elizabeth Murray. On 29 August 1560 her mother gave her an annualrent of forty merks payable from the lands of Mekill and Litill Brighouss in the barony of Ogiface and Sherifdom of Linlithgow. Protocol Book of Nicol Thounis: protocol number 19

The Question of Identity

Sir James Hamilton of Finnart is reported to have had a mistress named Elizabeth Murray, Wikipedia:James Hamilton of Finnart and it seems quite likely, probable even, as has been claimed, that Elizabeth Hamilton, here treated, is the bastard daughter of Sir James Hamilton of Finnart and Elizabeth Murray. See Stirnet: Hamilton 01 and Stirnet: Maxwell 03

Marriage

Elizabeth Hamilton married Sir John Maxwell of Calderwood, Kt. Protocol Books of James Foulis, 1546-1553, and Nicol Thounis, 1559-1564, protocol number 19 on page 5 They are reported to have divorced on 5 August 1563. Stirnet: Hamilton 01

Children of Elizabeth Hamilton and John Maxwell of Calderwood

1. Sir James Maxwell of Calderwood, knight
2. The Very Reverend Robert Maxwell, Sr.

Evidence from the National Records of Scotland

                   1

6 November 1548:

RMS 1546-80: charter number 257

                   2

30 May 1553:

RMS 1546-80: charter number 784

                   3

30 May 1553:

RMS 1546-80: charter number 785

                   4

26 September 1557:

This charter was confirmed under the Great Seal of Scotland on 8 January 1563-64. RMS 1546-80: charter number 1494

                   5

27 September 1557:

This charter was confirmed under the Great Seal of Scotland on 8 January 1562-63. RMS 1546-80: charter number 1496

                   6

29 August 1560: Instrument of sasine in favour of Elizabeth Hammiltoun [Hamilton], spouse of John Maxwel [Maxwell] of Calderwood, of annualrent of 40 merks Scots from lands of Meikle and Little Brighouse, in barony of Ogilface, sheriffdom of Linlithgow, following on charter 16 Aug 1560, by Elizabeth Murray, mother of said Elizabeth. National Records of Scotland, Papers of the Erskine Family, Earls of Mar and Kellie, reference GD124/1/1139

                   7

23 July 1562:

This charter was confirmed under the Great Seal of Scotland on 8 January 1563-64. RMS 1546-80: charter number 1493

                   8

23 July 1562:

This charter was confirmed under the Great Seal of Scotland on 8 January 1563-64. RMS 1546-80: charter number 1495

                   9

1577: Instrument of sasine in favour of Robert [Maxwell] of annualrent as in (GD124/1/1139), following on charter by Elizabeth Hammiltoun [Hamilton], lady of Calderwod [Calderwood]. Notary - James Johnestoun [Johnston], clerk, St Andrews diocese. National Records of Scotland, Papers of the Erskine Family, Earls of Mar and Kellie, reference GD124/1/1148

Evidence from the Protocol Book of Nicol Thounis

16 August 1560: Instrument of Sasine in favour of Elizabeth Hammiltoun, wife of John Maxwell of Calderwod, in an annualrent of 40 merks payable from the lands of Mekill and Litill Brighouss, lying in the barony of Ogilface and sheriffdom of Linlithqw; following on charter and precept of sasine by her mother, Elizabeth Murray, with reservation of liferent, directed to John Hammiltoun of Machlinhoill, sheriff-depute of Linlithqw, and dated at Edinburgh, the 16 of August 1560. Witnesses to charter, John Thomsoun, John Foulis, clerk, and John Mosman, notary public. Signed by the said Elizabeth Murray " with my hand led on the pen by John Mosman, notary public." Sasine given on the ground by the said sheriff-depute to the said Elizabeth Hammiltoun, the 29 of August 1560. Witnesses to sasine, William Maxwell in Newlandis, Robert Hammiltoun in Torrence, and Robert Hammiltoun, his son, and John Walkar, servitor of the said lady. Protocol Book of Nicol Thounis, 1559-1564, protocol number 19

Evidence from the Protocol Books of the Town Clerks of Glasgow

5 October 1566: John Maxuell of Calderuod said, affirmed, and made and published the following assignatioun in the common language: — "The quhilk day, in presens of me notar and witnes underwrittin, peroonalie constitut ane honorable man, Johne Maxuell of Calderuod, of his awn fre motive will, and for fulfilling of his pairt of ane decrete arbitrall, gevin and pronuncit be Johne Maxuell in Potterhill and Thomas Weir in Nethir Kirkton, jugis arbitratouris, chosin betuix him on that ane pairt and Alexander Hammiltoun in Nethirfeld, takand the burdeyng on him for Elizabeth Hammiltoun, lady Calderuod, and the said lady to releve the said Alexander herof, on that wther pairt, of the dait at Mauldislie the xxiij daye of Aprile, the yeir of God, etc. Ixvj, hes maid, constitut, creat and ordanit, as be the tenour of this instrument, makis, constitutis, creatis, and ordanis his derrest eldest sone and apperand aire, James Maxuell, his airis and assignais, his verraye lauchfull and irrevocable cessionaris, donatouris and assignais in and to the letteres of reversiones efter specifeit, gevin and grantit to the said Johne and his predecessouris for the redemptioun of the landis and annualrentis respective undermentionat : In the first to ane reversioun grantit to him be Thomas Mureheid in Lauchop and Eufame Hammiltoun, his spous, contenand the sowme of tua hundreth merkis for the redemptioun of ane annuelrent of xxij merkis, to be upliftit of the landis of the Nethir Manys of Calderuod, of the dait at Lauchop the xxij daye of Maij the yeir of God jaj v*' Ixj yeir; (2) ane wther reversioim gevin be the said Thomas Mureheid contenand the sowme of ane hundereth merkis for the redemptioun of aucht merkis annualrent, to be upliftit of the samyn landis, datit as the wther is (3) Reversion by umquhile David Hammiltoun of Bothuelhauch, containing £200 for the redemptioun of £20 annualrent furth of Nethir Manys, dated at Bothuelhauch, 2 June, 1553; (4) Reversion by Robert Lindsay of Dunrod and Elizabeth Schaw, his spouse, containing 200 merks for redemption of the lands of Brigmyll, with mill and multures, 5 December, 1552; (5) Reversion by the said Robert and Elizabeth, his spouse, containing 100 merks for redemption of the lands of Laurenstoun and Wodside, 1 September, 1552; (6) Reversion by Robert Hammiltoun, younger of Dalserf, containing £100 for redemption of an annualrent of £10 furth of the barony of Maldislie, 11 August, 1551; (7) Reversion by Archibald Hammiltoun, son to Robert Hammiltoun of Dalserf, containing 100 merks for redemption of 10 merks annual furth of the barony of Maldislie, 11 August, 1551; (8) Reversion by the said Robert of Dalserf, containing 50 merks for redemption of 5 merks annual of the barony of Maldislie, 22 July, 1544; (9) Reversion by James and Alexander Lokert, containing 200 merks for redemption of 20 merks annualrent furth of the barony of Maldislie, 27 February, 1551 ; (10) Reversion by Walter Stewart in Cassiltoun, containing 200 merks for redemption of 10 merks annualrent and "viij bollis mele" furth of the lands of Mekle Drippis, 20 July, 1565; (11) Reversion by Jonet Lowis and Patrik Walles, her son, containing 100 merks for redemption of 10 merks annualrent furth of the lands of Drippis, 20 July, 1553, "with consent of maister Robert Glen, her spous"; (12) Reversion by Robert Hammiltoun of Dalserf, containing £100 for redemption of £10 annualrent of Mekle Drippis, f . 180. 21 May, 1542; (13) Reversion by maister Johue Porterfeld, containing 800 merks for redemption of the £10 land of Mekill Drippis, 3 September, 1562; (14) Reversion by John Maxuell in Auldhous, containing £80 for redemption of "aucht bollis mele to be upliftit of the mylne of Drippis and mylland thairof," 27 August, 1564; (15) Reversion by John Maxuell of Nethir Pollok, containing 400 merks for redemption of £22 annualrent furth of the lands of Mekle Drippis, 20 March, 1564; (16) Reversion by him, containing £300 for redemption of the lands of Litle Drippis, 29 April, 1559; (17) Reversion by John Miller in Milheucht, containing £100 for redemption of "x bollis mele of annuelrent, to be upliftit of Allirtoun," 9 January, 1564; (18) Reversion by William Maxuell, containing 100 merks for redemption of " xxxiij s. iiij d. worth land of Newlandis, occupeit be Robert Hammiltoun," 29 May, 1565; (19) Reversion by Mungo Colquhoun, containing 100 merks for redemption of 10 merks annualrent furth of the lands of Greynhillis, 2 June, 1565; (20) Obligation of reversion by William Colquhoun, containing 100 merks for redemption of 10 merks annualrent furth of lands of Jaktoun, 21 December, 1562; (21) Reversion "grantit be my lord Johne, archibischop of Sanctandrois, David Hammiltoun, and Mr. John M'Quhyn, his curatouris,'* containing 800 merks for redemption of the £10 land of Jaktoun, 24 March, 1563; (22) Reversion by John Hammiltoun of Stanhous and Jeyne Hammiltoun, his spous, containing 850 merks for redemption of the "half landis of Blakbum, with the myln thairof," 28 May, 1566; (23) Reversion by John Hammiltoun and his spouse, containing 350 merks for redemption of the other half of the lands of Blakburn, 17 September, 1554; "togidder with letteres of regress under our Soveranes privet sele thairupon of the dait, at Edinburgh," 26 November, 1554; and (24) Reversion by George Chalmeris and Agnes Raltoun, containing 220 merks for redemption of the lands of Paddoschaw, 29 September, 1562. "The saidis haill landis abonewrittin (except Blakbum and Paddoschaw), Hand within the scherefdom of Lanerk; and the saidis landis exceptit within the barony of Bathgat and scherefdom of Renfrew. Gevand, grantand and committand to the said James and his foirsaidis full plane power, rycht and title, to warne the saidis persones or thair successouris, airis and assignais, for ressait of the saidis sowmes respective; and to nummer and deliver the sam to thame and to obtene the reminciatioun of thair infeftmentis respective, and thairefter to intromett with the proffettis of the samyn that happinnis to be redemit, and to use the said reversiones in all maner of sort as the said John micht him self at this present, in maist ample forme of assignatioun ; conforme and eftir the tenour of the said decrete arbitrall in all poyntis. Providing that notwithstanding heirof it salbe lesum to the said Johne assignant to relax and rederae quhatsumevir pairt of the saidis landis or annuelrentis, in all or in pairt, as he sail think expedient, and to bruik the profit thairof during his liftyme, without ony power to him to wodsett or analey the samyn to ony persones in ony tymes thaireftir. And als the said Johne Maxuell oblist him to sele and subscrive thir presentis in forme of assignatioun, or in forme of instniment sa oft as he beis requyrit heirto." Done in the castle of Calderuod. Witnesses : John Maxuell in Potterhill, William Maxuell of Newlandis, Kentigem Colquhoun, Andrew Maxuell, and James Murray. protocol number 1538 on pp. 82-5

Genealogy

1. Memoirs of the Maxwells of Pollock. By William Fraser. Vol. I. Memoirs & Charters (Edinburgh, 1863), 497 pp.
2. Stirnet: Hamilton 01
3. Stirnet: Maxwell 03