Hercules Stewart of Whitelaw

HERCULES STEWART OF WHITELAW

Hercules Stewart of Whitelaw, here treated, is the bastard or natural son of John Stewart, 1st Lord Darnley The name of his mother is not known. The Scots Peerage II: 169

According to the late A. Francis Steuart, witing in his account of the Stewart Earls of Bothwell for the Scots Peerage, Hercules Stewart of Whitelaw: "sometimes called 'frater' of Francis, Earl of Bothwell, but 26 February 1593-94 expressly called * brother natural. He supported his brother, but was captured with another by 'Mr. John Colville and William Hume, who promised them their lives,' and hanged, in spite of much popular sympathy, at the Market Place of Edinburgh, 18 February 1594-95. He married Mary, youngest daughter and co-heiress of Patrick Whitelaw of that Ilk." The Scots Peerage II: 169

Death

Hercules Stewart of Whitelaw, here treated, died on 18 February 1594-85. He was hanged at the Market Place of Edinburgh in Midlothian, Scotland. The Scots Peerage II: 169

Marriage

Hercules Stewart of Whitelaw, here treated, married Maria Quhytlaw They were divorced in 1592. The Scots Peerage II: 169

Children

1. Margaret Stewart

Evidence Published by the National Records of Scotland

                   1

26 March 1579 and 4 June 1579: Letter of Tack by FRANCES, EARL OF BOTHWELL, LORD HAILLIS, CREYCHTOUN AND LIDDISDAILL, with consent of James, Earl of Mortoun lord Dalkeyth etc, Archibald, Earl of Angus lord Dowglas and Abirnethy etc, John Cullace apparent of Balnamone and David Cullace of Auchfersie, his curators, setting to Alexander Home in Denes, son of umquhile William Home of Lochtulloch, his heirs, assignees and subtenants one or more, the lands and town of Prandergaist, extending to 20 husbandlands, with mill thereof, and the lands of Quhytrig, extending to 15 husbandlands, in the barony of Haillis by annexation and sheriffdom of Beruik. And that for 9 years from 6 Jun next following, on which day said lands were to be redeemed for £1,500 Scots and delivery of said Letter of Tack, conform to reversion granted by said Alexander to umquhile James sometime Earl Bothuell lord Haillis, Creychtoun and Lyddisdaill (who had wadset the lands to said Alexander with consent of Williame Hepburne of Gilmertoun for his interest). Tack duty £59 Scots. At Pareis and Dalkeyth. Witnesses: Master Robert Hepburne, servitor to the granter, HERCULES STEWART, BROTHER OF THE GRANTER, George Auchinlek of Balmannoch, Alexander Jardane and James Innes, servitors to the Earl of Mortoun, with others divers.

                   2

1 March 1583: Letters of Tack by FRANCIS, EARL OF BOTHWELL, LORD HAILES AND CREICHTOUN,, GREAT ADMIRAL OF SCOTLAND, feuar of the town and lands of Kelso, and Dame Margaret Douglas, his spouse receiving Robert Ker, son of Gilbert Ker of Prymydeloch as kindly tenent for his lifetime in two and a half onsettis and yard lying in the town of Kelso. viz. the first onset and yard occupied by Janet Pott, relict of Adame Lorne and her subtenants (betwixt the lands of umquhile Williame Ker called the fischear on the east, the kirkyard on the south, the common kirkstyle on the west and the High Street on the north) the other onset ocuupied by Jokie Lorne and his subtenants (betwixt the onset of umquhile Charlis Pott on the north, the kirkyard on the east, the onset of Dandie Hangitsyde on the south and the High Street on the west) and the half onset occupied by said Jonet Pott and Issobell Lenoce her subtenant (betwixt Johnne Tod's half onset on the east, the kirkyard on the south, the kirkstyle on the west and the High Street on the north) within the sheriffdom of Roxburgh. Paying for the first onset 4s mail with 2 kain fowls, 6 shear day works and one carriage, for the other onset 6s 8d mail, with 2 kain fowls, 6 shear day works and one carriage, for the half onset 2s mail, with one kain fowl, 3 shear day works and a half carriage; and gressums, other duties and due service used and wont being required. The tenant is prohibited from assigning, alienating or otherwise disponing said lands or any part thereof without the granter's consent; if he should do so, the present rental to be of no avail thenceforth. At Kelso, 1st March 1583 (1584). Witnesses: HERCULES STEWART, THE EARL'S BROTHER, Master Robert Hepburne of Duntervie, Petere Cullace, James Hepburne and Master Johnne Kene, the Earl's servitors. (Signed) Bothuell Margaret covntes of Boithvell. National Records of Scotland, Register House charters, 1st series, reference RH6/2713

                   3

5 September 1588: Privy Seal Letter confirming tack dated 27 July 1587 by Francis, earl Bothwell, with consent of abbey of Coldinghame, to HERCULES STEWART, HIS BROTHER, and Marion Quhytlaw, his spouse, of teindsheaves of parish of Swintoun, for their lifetimes and 19 years more. National Records of Scotland, Hepburne Papers, reference RH15/29/132

                 4

24 August 1590: Charter by said Maria Quhytlaw [Whitelaw] and HERCLES STEWART, HER SPOUSE, to John Murray, at the Castle of Creichton [Crichton, East Lothian]. Sasine taken on this charter by Arthur Ray (Rae) NP. Endorsed: to be held of the King. National Records of Scotland, Papers of the Viscounts and Barons of Elibank, reference GD32/5/13

                   5

24 August 1590: Contract of Sale of the lands of the Dene [Deans] between Mary Whytlaw [Whitelaw] and HERCLUES STEWART, BROTHER NATURAL TO FRANCIS, EARL OF BOTHWEL, her spouse and John Murray of Blackbarony. Castle of Creichton [Crichton, East Lothian]. National Records of Scotland, Papers of the Viscounts and Barons of Elibank, reference GD32/5/14

                    6

3 March 1591-2: Privy Seal Letter granting escheat of HERCULES STEWART,OF QUHITLAW, to Sir John Carmichaell of that ilk, kt., and William Home, younger, son of deceased Alexander Home of Manderstoun. National Records of Scotland, Hepburne Papers, reference RH15/29/132

                   7

1 May 1591: Extract bond and letter of excambion by Mary Quhytlaw and HERCULES STEWART, her spouse, to Alexander Hammiltoun of Innerwik, Margaret Quhytlaw, sometime his spouse, Andrew Ker of Rolmannogrange and Isobel Quhytlaw, his spouse, whereby they accept the lands of Quhytlaw and the lands of Eister Dene with the pendicles now called Scottistoun and Prattishill (sheriffdom of Peebles), in satisfaction of their third of the lands of Fentoun Tour called Over Sydserf, Skreling, Midfentoun, Mediltoun in Strabrok and Kirkland of Cowbrandspeth, formerly pertaining to the deceased Sir Patrick Quhytlaw of that ilk. [B of C & S, 11 February 1607]. National Records of Scotland, Papers of the Brooke Family of Biel, reference GD6/197

                   8

3 February 1594-95: Privy Seal Letter granting escheat of said HERCULES STEWART, SOMETINE OF QUHITLAW, to said William Home, one of H M stables National Records of Scotland, Hepburne Papers, reference RH15/29/132

Genealogy

1. The Scots Peerage II: 169
2. A History of the House of Hamilton. By Lieutenant Colonel George Hamilton. (J. Skinner and Company, Edinburgh, 1933), p. 681