Agnes Hamilton, Lady Dalmahoy

AGNES HAMILTON

Agnes Hamilton, here treated, Lady Dalmahoy, is not the same person as Agnes Hamilton

The Question of Identity

Agnes Hamilton, here treated, the Lady of Dalmahoy, is the bastard daughter of Sir James Hamilton of Finnart, Kt. Her mother's name is Elizabeth Elphinstone She is noticed as their daughter in March 1560-61, when she took sasine of the lands of Poldrait in Linlithgowshire. Protocol Book of Nicol Thounis 1559-64: protocol number 27

Agnes Hamilton, here treated, Lady Dalmahoy, is noticed as the sister of Sir James Hamilton of Crawfordjohn on 4 February 1575, NRS: GD3/1/1/50/8 and again on 14 July 1582. NRS: GD3/1/1/50/10

Marriage

Agnes Hamilton, here treated, married Alexander Dalmahoy of that Ilk. Hamilton Memoirs, page 287 They were married before 12 August 1561. Protocol Book of Nicol Thounis,1559-1564, protocol number 44

Evidence from the Protocol Book of Nicol Thounis

         1

March 1560-61: Instrument of Sasine in favour of Agnes Hammiltoun, natural daughter of the late Sir James Hammiltoun of Finnart by Elizabeth Elphinstoun, m the lands of Poldrait, lying on the west and south of the burgh of Linlithqw and in the sheriffdom of Linlithqw; following on charter by Patrick Montgomery of Giffen containing precept of sasine, directed to John Hammiltoun of Grange, and dated at Irvine, the 21 of March 1560/1. Witnesses to charter, Alexander Hammiltoun of Nethirfeild, Alexander Bank, servitor of the said Patrick, and John Stewart, servant of the said Alexander Hammiltoun. Sasine given on the ground at the Standing Stane ^ by the said bailiff, the March 1560/1. Witnesses to sasine, James Hammiltoun, John Fostar, Robert Fostar, Allan Caling and John Wawane, burgesses. Protocol Book of Nicol Thounis, 1559-1564, protocol number 27

                   2

31 October 1559: Instrument of Sasine in favour of Agnes Hamniiltoun, Lady Dainmahoy, in an annualrent of 63 pounds, payable from the lands and barony of Dammahoy, lying in the sheriffdom of Edinburgh ; following on charter of alienation, containing precept of sasine, by Alexander Hammiltoun of Nethirfeild, dated 31 of October 1559. Witnesses to charter, David Murdoch, John Keir and William Aytkin. Sasine given on the ground by John Wawane, burgess, bailiff for the said Alexander, to John Buchquhannan, attorney for the said Agnes, the 4 of June 1561. Witnesses to sasine, (Gilbert Boyde and Matthew Coill, burgesses, and Robert Macilhoiss. Protocol Book of Nicol Thounis, 1559-1564, protocol number 40

                   3

1 May 1561: 5 June 1561: Instrument of Sasine in favour of Agnes Hammiltoun, natural daughter of the late Sir James Hammiltoun of Finnart by Elizabeth Elphingstoun, in the 5 merk lands of Poldrait as described in No. 27 ; following on charter to her and her heirs, whom failing to Alexander Hammiltoun of Netherfeild, containing precept of sasine directed to James Hammiltoun in the west end of Linlithqw by Patrick Montgomery of Giffen, and dated at Irving, the i of May 1561. Witnesses to charter, John Gudlad, younger, in Strabrock, John Stewart, servant of the said Alexander, and John Mure, notary public. Sasine given on the ground at the Standand Stane, the 5 of June 1561. Witnesses to sasine, George Merschell, Alexander Suerd, James Snawdoun, David M'llhois, Gilbert Boyde, Archibald Browne and James Gibbisoun, burgesses, John Bog, and Robert Hammiltoun, son of Patrick Hammiltoun. Protocol Book of Nicol Thounis, 1559-1564, protocol number 41

                   4

12 August 1561: Consent by Agnes Hammiltoun, wife of Alexander Dammahoy, that her husband's name should be entered by Tliomas Graham, clerk to the Controller, in tlie rental of an oxgang of land, lying in Bondingtoun in the sheriffdom of Linlithqw, and held of the Queen. Done in the Chequer-house of Mr. Henry FouHs, the 12 of August 1561. Witnesses, Wlliam Foulis, burgess of Edinburgh, Archibald Hereot, messenger, Mr. Peter Galbrayth and Mr. Thomas Sinclare, notaries public. Protocol Book of Nicol Thounis, 1559-1564, protocol number 44

Evidence from the Protocol Book of Thomas Johnsoun

                   1

29 September 1563: Premonition by John Mour, procurator for John Boswell, son and heir of the late David Boswell of Auchinlek, given to Agnes Hammyltoun, Lady of Dalmahoy, natural daughter of the late Sir James Hammyltoun of Fynnard, to appear at the parish church of Edinburgh on 10 November 1563 to receive one hundred pounds Scots in redemption of an annualrent payable from the lands of Eastir Lochgallye in the sheriffdom of Fife. The Protocol Book of Dominus Thomas Johnsoune, 1528-1578 (Scottish Record Society, Edinburgh, 1920), protocol number 431

                   2

10 February 1569-70: Charter by which Agnes Hammyltoun, feuar of Poldrait, confirms that she: "in her urgent necessity being without her husband to help her, and for her maintenance while in prison" has sold one acre of cultivated land in Poldrait to Nicol Thownis.The Protocol Book of Dominus Thomas Johnsoune, 1528-1578 (Scottish Record Society, Edinburgh, 1920), protocol number 582

                   3

31 December 1570: Charter by which Agnes Hammyltoun, Lady Dalmahoy, feuar of Poldrair, with the consent of her husband Alexander Dalmahoy of that Ilk, confirms that she has sold four acres of land in Poldrait to Nicol Thownis, burgess of Linlithgow, and his wife Elizabeth Stoddart. The Protocol Book of Dominus Thomas Johnsoune, 1528-1578 (Scottish Record Society, Edinburgh, 1920), protocol number 583

                   4

16 July 1573: Charter by which Agnes Hammyltoun, Lady Dalmahoy, feuar of Poldraith, with the consent of her husband Alexander Dalmahoy of that Ilk, has sold the lands of Poldraith to Alexander Hammyltoun of Netherfield in Strathaven. The Protocol Book of Dominus Thomas Johnsoune, 1528-1578 (Scottish Record Society, Edinburgh, 1920), protocol number 608

                 5

12 February 1576-77: Charter by which James Levyngstoun confirms that he has renounced his right and kindness to one and one half acres of land in Poldrait in favour of Agnes Hammyltoun, Lady Dalmahoy. The Protocol Book of Dominus Thomas Johnsoune, 1528-1578 (Scottish Record Society, Edinburgh, 1920), protocol number 944

Evidence Published by the National Records of Scotland

                   1

c.1555: Discharge by Agnes Hamilton, natural daughter of late Sir James Hamilton of Finnart, to Patrick Montgomery of Giffen for 100 merks. Subscribed "with my awin hand". National Records of Scotland, Papers of the Montgomery Family, Earls of Eglinton, reference GD3/2/4/17

                   2

4 February 1575: Letters under the signet at the instance of Hugh Montgomery of Giffen, son and heir to unquhile Patrick Montgomery of Giffen whereby on the narrative that his father had set in feu farm to Agnes Hamilton, sister to Sir James Hamilton of Crawfordjohn, knight her heirs and assignees for payment of feu duties, that the said Agnes had on her marriage disponed the said lands to Alexander Hamilton of Netherfield, her brother; she is commanded to exhibit the charters and infeftments to Hugh Montgomery that he may learn from them the holding of the lands. National Records of Scotland, Papers of the Montgomery Family, Earls of Eglinton, reference GD3/1/1/50/8

                   3

14 July 1582: Act of continuation of the summons of declarator of nonentry raised before the Lords of Council and Session at the instance of Mr Robert Creychton of Eliok, advocate to the King, and Robert Montgomery, donator against Hugh, Earl of Eglinton, pronevoy and heir to unquhile Hugh, Earl of Eglinton, his grandsire, Margaret Montgomery, daughter to unquhile Hugh Montgomery of Giffen, Daniel Montgomery, her father's brother for his interest. Agnes Hamilton, sister to James Hamilton of Crawfordjohn, knight, Alexander Hamilton, her brother, pretended heritable possessors of the said lands and the tenements thereof; whereby the said Lords continued the diet until the 22 November then next to come and granted warrant for summoning witnesses. Together with the minutes of procedure endorsed thereon National Records of Scotland, Papers of the Montgomery Family, Earls of Eglinton, reference GD3/1/1/50/10

Printed Evidence

1. Protocol Books of James Foulis, 1546-1553, and Nicol Thounis, 1559-1564. Edited by James Beveridge, M.A., Rector of Linlithgow Academy; and James Russell, Town Clerk of Linlithgow. (Scottish Record Society, Edinburgh, 1927), 67 pp. including indices
2. Protocol Books of Dominus Thomas Johnsoun, 1528-1578. Edited by James Beveridge, M.A., Rector of Linlithgow Academy; and James Russell, Town Clerk of Linlithgow. (Scottish Record Society, Edinburgh, 1920), 56 pp. including indices