James Stewart of Floak, elder, Merchant in Glasgow

JAMES STEWART OF FLOAK elder

Merchant in Glasgow; Burgess and Guild Brother of Glasgow; Provost of Glasgow

Death

James Stewart of Floak, elder, here treated, died in August 1622. [NRS: CC9/7/19] Image of Testament 1

Marriage

James Stewart of Floak, elder, here treated, married Elizabeth Fleming [NRS: CC9/7/19] Image of Testament 1

Bastard Child by Unknown Mother

1. James Stewart

Children by Unknown Mother

1. James Stewart of Floak, younger, Merchant in Glasgow
2. Robert Stewart

Children by Elizabeth Fleming

1. Susanna Stewart
2. Elizabeth Stewart
3. Anna Stewart, secundus

Evidence from the Protocol Books of the Town Clerks of Glasgow

                   1

1 April 1585: Robert Flemyng, merchant, citizen, and Beatrix Fortik, spouses, for implement of part of a marriage contract between the said Robert and Elizabeth Flemyng, then spouse of James Steward, merchant, citizen, on the one part, and the said James on the other part, resigned in favour of James Steward and of Robert Steward, attorney and in name of Elizabeth Flemyng, an annualrent of £20, payable furth of two kilns and two barns, lying together, with yard and pertinents, on the south side of the street of St. Tenu, between the cemetery of the church of St. Tenu, then belonging to James Flemyng, on the west, the croft of St. Tenu on the south, and the lands of Peter Alexander and (blank) on the west. Sasine given by William Cunynghame, bailie. Witnesses : John Woddrope, junior, citizen, James Lenox residing in Glasgow, Robert Lettrik. Annualrent to be redeemable for £200. Protocol Books of the Town Clerks pf Glasgow IX: number 2698

                   2

13 October 1599: James Stewarde, merchant, citizen, resigned in favour of Robert Steward, his son, the east side of a great new tenement, under and above, with the pertinents, lying t.c., on the south side of Tronegate, between the lands of Mr. Robert Herbertsone on the east and of Mr. Henry Gibsone on the west; which east side of the tenement lay between the lands of Mr. Robert Herbertsone on the east and the stone gable next (prope) the turnpyk [on the west] ; with the privilege of the half of the said gable, and free passage, ingress and egress, by the said turnpyk, and the pertinents; but reserving the liferent to James Stewarde and Elizabeth Flemyng, spouses, and the father to have right to redeem the property on payment of a gold crown of the sun. Sasine given by James Tempill, bailie, to Robert Stewart, officer, as attorney and in name of the said Robert Steward, who was in minority. Witnesses: John Or, merchant, Mr. David Gibsoun, Robert Herbertsoun, notary, and Stephen Seller, officer. Glasgow Protocols XI: number 3585

Evidence from the National Records of Scotland

                   1

15 January 1614: Instrument of sasine in favour of Susanna Stewart, daughter of James Stewart, provost of Glasgow, of tenement in the Gallowgait of said burgh. National Records of Scotland, Crown Office Writs, reference AD1/159

                   2

12 February 1623: Robert Campbell, eldest son of Colin Campbell, merchant burgess of Glasgow, and Marie Stewart, second daughter of deceased James Stewart of Flook, merchant burgess there. National Records of Scotland, Miscellaneous Papers, Marriage Contracts, reference RH9/7/5

Evidence from the Records of the Burgh of Glasgow

                   1

13-14 September 1619: At Glasgow, the threttein and fourtene dayis of September respective the yeir of God jm jvc and nyntein yeiris, it is apointit agreit and finallie concordit betuix the honorabill pairteis vnderwrittin, to wit, Sir Waltir Stewart of Mynto, knycht, with speciall consent and assent of Dame Christiane Craufurd his spous, for all rycht of terse, conjunct fie, lyfrent, or utherwayis quhatsumeuir scho hes or may pretend to the mylnes, few dewteis and vtheris wnderspecifeit, on the ane pairt, and James Stewart, proveist, . . . . . Charter and other Documents Relating to the City of Glasgow, A. D. 1175-1649. Part II. Edited by Sir James Marwick, LL.D., FRSE., Town Clerk of Glasgow (Glasgow, MDCCCXCIV),charter number XCIX on pp. 302-8

                   2

5 May 1620: To all who shall see or hear this charter, Sir Walter Stewart of Mynto, knight, greeting in the Lord everlasting. Know ye that I, with consent and assent of Lady Christian Craufurd, my spouse, for fulfilment of a part of a certain contract made and concluded between me, with consent and assent of my said spouse on the one part, and James Stewart, provost, . . . . . Charter and other Documents Relating to the City of Glasgow, A. D. 1175-1649. Part II. Edited by Sir James Marwick, LL.D., FRSE., Town Clerk of Glasgow (Glasgow, MDCCCXCIV),charter number C on pp. 309-14

Evidence from the Burgess Records of Glasgow

21 July 1614: Stewart, James, younger, merchant, B. and Guild Brother, as eld. I. son to James S., provost. Glasgow Burgesses, 1573-1750, p. 44

Genealogy

The Peerage, Baronetage and Knightage of the British Empire for 1882, pp. 105-06

His Last Will and Testament

James Stewart of Floak, elder, merchant and burgess of Glasgow, made his last will and testament at his house in Glasgow on 10 January 1622. The witnesses present and subscribing were William Fleming, notary in Glasgow, the man who wrote the will, James Fleming, notary, indweller in Glasgow, and John Wallace, merchant burgess of Glasgow. He nominated and constituted his wife, Elizabeth Fleming, to be his only executrix and universal intromitter with his goods and gear, and as tutor testamentar to Susanna Stewart, Elizabeth Stewart, and Anna Stewart, his daughters. He left one third of the value of his goods and gear to his wife Elizabeth Fleming, which was to be divided equally between his three daughters in the event that their mother remarried. He also left £200 to his bastard son James Stewart, which was to be divided equally between his three daughter in the event that he predeceased his father. At the time of his death James Stewart of Floak was owed £733.6.8d by John Logan of Rais, which sum was to be paid to his daughter Anna Stewart, and her heirs by John Luggie, merchant in Ireland. On 17 December 1622 another James Stewart of Floak acted himself as cautioner for the widow, Elizabeth Fleming, and confirmation was granted to her on the same day. [National Records of Scotland, Glasgow Commissary Court, The Testament Testamentar and Inventory of James Stewart, elder, of Floik and merchand burgess of Glasgw, reference CC9/7/19]

1. Image of Testament 1
2. Image of Testament 2
3. Image of Testament 3
4. Image of Testament 4

First Eik or Addition to Testament

1 August 1627. [National Records of Scotland, Glasgow Commissary Court, Eik to the Inventory of the deceased James Stewart of Flook, merchant, burges of Glasgow, reference CC9/7/21]

Second Eik or Addition to Testament

4 July 1631. [National Records of Scotland, Glasgow Commissary Court, Eik to the Inventory of the deceased James Stewart of Flook, merchant, burges of Glasgow, reference CC9/7/24]

Third Eik or Addition to Testament

On 12 January 1632 John Boill of Kelburne, Commissary of Glasgow, of new again ratified and confirmed that Elizabeth Fleming was the widow and principal executrix of the deceased James Stewart of Flook, merchant burgess of Glasgow, her husband, in and to a certain sum of money owed to him by William Corruithe, merchant burgess of Dunbarton. Robert Stewart, servitor to my Lord of Glasgow, acted himself as cautioner for Elizabeth Fleming, and confirmation was granted to her. [National Records of Scotland, Glasgow Commissary Court, Eik to the Inventory of the deceased James Stewart of Flook, merchant, burges of Glasgow, reference CC9/7/25]

1. Image 1 of Third Eik
2. Image 2 of Third Eik