Stewartiana, containing the case of Robert II, and Elizabeth Mure, and question of legitimacy of their issue, with incidental reply to Cosmo Innes, Esq.; new evidence conclusive upon the origin of the Stewarts, and other Stewart notices, &c. to which are added critical remarks upon Mr. Innes's prefaces to his recently edited chartularies, interspersed with diverse antiquarian matters, &c

John Riddell

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• Stuart

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• Publié par: les_archives_du_savoir
• Nombre de lectures: 11
• Langue: English
• Poids de l'ouvrage: 11 Mo

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I. DOMESTIC SIR DAVID HUME of one of theDETAILS, by Crossrig,
Senators of the of from toCollege Justice, April 28, 1697, 29, 1707.January
with Notes and W.Edited, Preliminary Remarks, by TURNBULL, ESQ.
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For the of andJLFRIC. ILLUSTRATION ANGLO-SAXON His-Early English
&c.tory,
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andIRISH ARCHOZOLOGICAL. For the EARLY TOPO-HISTORY, ANTIQUITIES,
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The is atONLYANTIQUARIAN and HISTORICAL BOOKSHOP inEDINBURGH%*
PRINCES STREET.87,CASECONTAINING THE OF
ROBERT II. AND ELIZABETH MURE,
AND OFQUESTION
LEGITIMACY OF THEIR ISSUE,
WITH INCIDENTAL REPLY TO COSMO ESQ.INNES, ;
NEW EVIDENCE CONCLUSIVE UPON THE ORIGIN OF THE STEWARTS,
AND OTHER STEWART &c.NOTICES,
TO WHICH ARE ADDED
REMARKS UPON MR. INNES'S PREFACES TO HISCRITICAL
RECENTLY EDITED CHARTULARIES,
INTERSPERSED WITH DIVERSE &C.ANTIQUARIAN MATTERS,
JOHN ADVOCATE.RIDDELL, ESQUIRE,
EDINBURGH:
THOMAS G. STEVENSON,
PRINCES STREET.87,
M.DCCC.XLIII.cs
ONE HUNDRED AND FIFTY COPIES PRINTED.
Al.KX. LAURIE & CO. PRINTERS TO 11RR MAJESTY.CONTENTS.
PAGE
ix-xi......PREFACE,
I. OF THE WITH ELIZABETHQUESTION MARRIAGE OF ROBERT II.
AND REPLYLEGITIMACY OF THE INCLUDINGMURE, ISSUE,
TO CERTAIN RECENT OBJECTIONS BY MR. COSMO INNES,
PS. 1-39.
Material facts in the or Stewart Iabove, Case, ....
hitherto 2-3Important overlooked,specialty
Effect of a in the 3Papal Legitimation matter,
also(See p. 17.)
Mr. Innes' ....... 4objections,
His the law of nature . .considered, 5-7objection grounded upon
Counter to his other with answers . 89thereto,propositions objections,
et seq.
could not undo the
. 9, 13, &c.Papal Rescripts always ordinary Canons, 15,
Cases from in with the relativeprohibited degrees by consanguinity, marriage,
.law, . . ..... 9-11
Cases from in like . . . 11-12prohibited by manner,degrees affinity,
from denounced a . . 12-13spiritual relationship equally bar,
Cases of incestuous issue between Parents the forbiddenrelated within degrees,
their married a thatwho, birth,after lawfully upon Dispensation they
obtained that of the .... 13-19involving Stewarts,
and effect of the usual in such 18Retro, 15,legal Papal legitimation Dispensations, 17,
Conclusions as to the Stewart case in hoc . . . 18-19statu,
of Mr. there havethat been a formalOnly remaining objection Innes, may
between Robert II. and Elizabeth before theirmarriage Mure, Dispen-
sation with its manifest and . . 19-30(in 1347), futility refutation,
that there was no such ....Explicit proof 23-25marriage,
to the Stewart of the status of inces-Important question (not applicable case}
tuous issue born in between Parents related withinmatrimonii, thefigura
forbidden whose de was thereafterdegrees, facto marriage homologated
and confirmed the with cases and authorities, &c. . 26-30by Pope,
Conclusion the Stewart in hoc still .upon case, statu, unfavourable, 30-31
New or of in that ... 31plea exception ignorantia instance,
lanorantia with us in the did save the ofgeneral case, legitimacy issue,
of a formal however null and . .public marriage, invalid, 31-32
Does it hold in the Stewart case of ?relevantly special 32-35concubinage only
Conclusions the ......upon whole, 35iv CONTENTS.
and of the of whenNecessity importance exception ignorantia competent,
and some modern Scotchthough unduly ignorantly rejected by very........ 35-38authorities,
of the Stewarts to the Scotch Crown whatever their statusRight however,
secured the Act . . . 38-39may be, indefeasibly by 1373,
Observation a Remark of Father as to be-Clandestineupon Hay, Marriages
tween of their forbidden . . 39parties ignorant relationship,
II. REMARKABLE ERROR OF MR. IN RESPECT TO LORDINNES,
AS CONNECTED WITH A FRUITLESS INHAILES, ATTEMPT,
TO RECOVER STEWART PAPERS ALSO IN RESPECT TO1771,
THE FOURTH DEGREE OF IN THE CASE OFCONSANGUINITY
AND MAR-ROBERT II. ELIZABETH WITH NOTICES OFMURE,
GARET PUTATIVE WIFE OF JOHN LORDSTEWART, FLEMING,
HERIN 1508 JANET LADY INFLEMING, 1523,STEWART,
CURIOUS LIAISON WITH HENRY II OF THEIRFRANCE, SON,
HENRY DE &C. HER &C.QUEEN BIRTH,VALOIS, MARY,
PS. 41 TO 53.
Mr. Innes's error in to Lord .... 41-44regard Hailes,
His error in to the fourth of with the mode ofregard degree consanguinity,
forbidden in Consistorial . . . 44-47degrees Law,computing
inStewart, ... 47Margaret putative Lady Fleming, 1508,
Janet in refutation her of Mr.Stewart, 1523,Lady Fleming, through again,
her liaison with II of and notices of deInnes, Henry France, Henry
theirValois, natural son, &c. ..... 47-51
and about the date of herQueen birth, with newMary dispute together
relative evidence, ....... 51-53
HI. STATEMENT AND EXPOSITION OF MR. CHALMERSES ORIGIN OF
THE HOUSE OF WITH INDEPENDENT ARGUMENTSSTEWART,
AND BUT ESPECIALLY NEW CORROBORA-ILLUSTRATIONS,
TORY PROOF. PS. 55 TO 70.
Statement and of the in . .explanation origin question hitherto, 55-60
Connection of Walter theFitzalan, first Scotch withhereditary Stewart,
and the latter the chief seat of the Fitz-England Shropshire English
. . . . . .alans, ...... 56-57
Remarkable in of Richard Earl ofclaim, 1335, Fitzalan, heir-maleArundel,
and of the to the office ofFitzalans,representative Shropshire hereditary
Stewart of with ..... 58-59Scotland, remarks,
or wants the newdefects, of with evidence 60-70Existing theory, supplying them,