John Sinclair of Toab

JOHN SINCLAIR OF TOAB (aka JOHN SINCLAIR OF TULLOPE or TOLHOUPE)

Johne Sinclair (1580) John Sinclair (1584) Johne Sinclair (1589) John Sinclaire of Tullop (1593) John Sinclare of Tollopp (1593) John Sinclair of Tolhoupe (1593)

Fake Genealogy

Genealogics identifies John Sinclair of Toab here treated as the son of John Sinclair and his wife Margaret Ballantyne but this is wrong. Genealogics: John Sinclair In this error Clan MacFarlane follows Genealogics, citing the Genealogis account as the source of this information. Genealogics: John Sinclair

The Quention of Identity

John Sinclair here treated is the eldest son of Magnus Sinclair in Skaill. NRS: RH6/2550 He is noticed as John Sinclaire of Tullope on 13 September 1593 NRS: GD1/45/13 and as John Sinclair of Tolhoupe on 3 November following. NRS: GD1/45/15

The Death of his Father

Magnus Sinclair of Skaill, the father of John Sinclair of Toab (aka John Sinclair of Tullope or Tolhoupe), died at Brabister in March 1608. John gave up his father's testament dative and the invemtory of his goods and gear, for humself and in name and behalf of his younger siblings, viz: Henry Sinclair, Janet Sinclair, Marion Sinclair, and Elspeth Sinclair. [National Records of Scotland, Orkney and Shetland Testaments, Testament Dative of Magnus Sinclair in Brabister, reference CC17/2/1, page 49]

Death

John Sinclair of Tohop died before 18 October 1615. His place of death is not known. NRS: GD106/137

Marriage

John Sinclair of Toab married Marie Stewart. On 21 October 1584 she is identified as the ‘brother dochter’ of Robert Stewart, feuar of Orkney and Shetland (afterwards Earl of Orkney and Lord of Shetland) in a charter by which Lord Robert confirms possession of the lands of Braebuster, Havell and Swartebreck, to Marie and her husband. A sasine which followed from this charter was registered on 17 May 1580. Records of the Earldom of Orkney, pp. 304-05 John Sinclair of Tohop and his wife are also mentioned on 13 March 1589-90, in a charter by which William Sinclair of Sabay confirms that he has wadsett his one penny land in Swartabreck above the yard in Tollop to John and Marie. Ibidem, charter number CXCVII on p. 316

According to Sir James Balfour Paul, Lord Lyon King of Arms, Marie Stewart was the daughter of Adam Stewart, prior of Charterhouse (a natural son of King James V), by Jonet, daughter of Patrick Ruthven of Ballindean, but no supporting evidence for his proposition was offered and this cannot be regarded as proved. The Scots Peerage, iii, page 590 Writing in his 1982 biography of Robert Stewart, Earl of Orkney and Lord of Shetland, Peter D. Anderson had this to say about Marie Stewart: Robert Stewart, Earl of Orkney and Lord of Shetland, held the All-hallow court in November in St. Magnus Cathedral and in January and February respectively the Hermanstein and Wappenstein courts in the yards. The surviving records of the first three courts concern a case between Henry Fraser and others on the one part and Magnus Sinclair in Skaill on the other regarding the lands of Swartabreck and Hawell in Toab, St. Andrews. ….. It is noteworthy that Magnus Sinclair’s son John married Mary Stewart, Robert’s ‘Brother dochter.’ Details of the relationship between Mary and Robert Stewart are unknown but one is tempted to wonder if the former was another daughter of Adam Stewart and a sister of Barbara, lady Halcro. [Peter D. Anderson, Robert Stewart Earl of Orkney Lord of Shetland 1533-1593 (John Donald, Edinburgh, 1982), page 104]

Children

1. William Sinclair of Saba
2. James Sinclair, baron of Randel

Evidence from the National Records of Scotland

                   1

17 May 1580: Instrument of Resignation and Sasine under the hand of William Fermoir, notary public narrating that Magnus Sinclair in Skaill within the close of the Yairdis in the town of Kirkwall, for fulfilling of the Contract of Marriage between Johne Sinclair, his eldest son and Marie Stweartt, brother's daughter to Lord Robertt Stewartt feaur of Orknay and Zetland resigned to said lord, as superior, all his heritable lands as well conquest as pertaining to him of old heritage, either in Orknay or Zetland whereupon said Lord 'dimittit' same in the hands of said Johne and Marie to be 'bruikit' by them and the survivor of them in conjunct fee, and after their decease to the heirs gotten between them, whom failing, said Johne's heirs and assignees whomsoever in heritage, for yearly payment to the king and kirk of scatt and teind as use is. And therefore, by virtue of said Lord's precept directed to Johnne Langskaill and William Aitkin, bailies in that part, said John Langskaill passed to the lands of Tohop lying in Sanct Androis parish, and said William passed to the lands of Brabester within the parish of Deirnes both within the 'Manelnad of Orkney'; and there gave Sasine of said lands to said Johne Sinclair accordingly. Witnesses, Magnus Tailyeour, Magnus Smiyth, Nyniane Smyth, Henre Smyth, Magnus Prence, Magnus Paplay. National Records of Scotland, Register House charters, 1st series, reference RH6/2550

                   2

21 August 1584: Fift by Robert Stewart, Earl of Orkney, to his cousin Marie Stewart, spouse of John Sinclair, of lands in St. Andrews and Deerness escheated from Magnus Sinclair of Tohop, her father-in-law. Records of the Earldom of Orkney, charter number CLXXXVII on pp. 304-05

                   3

13 March 1589: William Irving of Sabay wadsets to his good fried Johne Sinclair, spouse to Mare Stewart, 1d land 'quhilk I had of Walter Firsellis airis' in Swaltabreck (Swartabrek) abone the yaird of Tollop, for £30. At Kirwall, March 13th 1589. Witnesses: Mr. William Peirsoun, minister at Dernes, Nichol Tullocht, and Edward Inksetter. The granter and all the witnesses sighn. Records of the Earldom of Orkney, charter number CXCVII on p. 316

                   4

13 September 1593: Charter under the great seal of King James VI to John Sinclaire of Tullop of the six penny lands of Burgh and others in Rowsay. Given at Striviling. [Part of great seal remains. Not registered]. National Records of Scotland, Title deeds to lands in Orkney, reference GD1/45/13

                   5

2 November 1593: Charter of sale by John Sinclare of Tollopp to Hugh Halcro, eldest lawful son of Henry Halcro of that ilk, of the lands in GD1/45/13. Given at Kirkwall. [Seal gone]. National Records of Scotland, Title deeds to lands in Orkney, reference GD1/45/14

                   6

3 November 1593: Instrument of sasine in favour of John Sinclair of Tolhoupe of the lands in GD1/45/13; on precept under the testimony of the great seal dated 13 September 1593. National Records of Scotland, Title deeds to lands in Orkney, reference GD1/45/15

                   7

18 October 1615: Obligation by Mr Wm. Sinclair of Tullope narrating that whereas James Bishop of Glasgow and afterward Bishop of Orkney did by Charter of Feufarm dated (blank) sett to him and Jeane Gordoun, his spouse, the lands of Cowbister and Smowgrow in parish of Orphir, without reservation of liferent of either of the said two roumes to Marie Stewart, mother of said Wm. Nevertheless he obliges himself to submit to arbitration with his mother and David King of Worbister, her spouse, anent what right, title or security he should give to them of the said lands National Records of Scotland, James Brown Craven bequest relating to local and ecclesiastical history on Orkney, reference GD106/137

Genealogical Accounts

1. The Saint Clairs of the Isles, pp. 139-141 for the Sinclairs of Tohop and Saba
2. Fiona's Finding Service: The Sinclairs of Tohop and Saba
3. Records of the Earldom of Orkney, p. 468 for J. Storer Clouston's drop-line pedigree chart for Sinclair of Warsetter
4. Genealogics: John Sinclair
5. Clan MacFarlane and associated clans genealogy