Mary Stewart

MARY STEWART (aka MARIE STEWART)

It has been claimed that Mary Stewart here treated is the daughter of Adam Stewart, prior (pensioner) of Charterhouse, and his wife Janet Ruthven but proof is wanting.The Scots Peerage, iii, p. 590 More recently, in his scholarly account of Robert Stewart's tenure of the Earldom, Peter D. Anderson noted the absence of evidence and as a consequence, perhaps, would go no further than say that he was tempted to suppose that she was a daughter of Adam Stewart. [Peter D. Anderson, Robert Stewart, Earl of Orkney, Lord of Shetland, 1533-1593 (John Donald, Edinburgh, 1982), p. 104]

The few facts available are these. First, on 17 May 1580, Mary Stewart is identified as the brother's daughter of Robert Stewart, feuar of Orkney and Shetland, in a charter by her father-in-law confirms that he has given possession of parts of Tohop in Orkney and other lands to Mary and her first husband John Sinclair. NRS: RH6/2550.Magnus Sinclair of Skaill's charter in favour of Mary Stewart and her husband was printed in full by the Viking Club for Northern Research. [Diplomatarum Orcadense et Hialtlandense etc. Vol. I, pp 196-99] Second, on 21 August 1584 Mary Stewart is identified as "our cusingnes Marie Stewart" in a charter by which Robert Stewart, feuar of Orkney, confirms that he has given her the five penny halfpenny land of Brabister, the three penny land of Havell, and the two penny land of Swartebreck, all located in Tohop in the parish of St. Andrews. Records of the Earldom of Orkney, pp. 304-05

The Question of Identity

It seems more than just likely, then, probable even, that Mary Stewart here treated was related in blood to Robert Stewart, Earl of Orkney. However, on its own the evidence cited above is not sufficient to allow an exact determination. Questions concerning the identity of Mary Stewart are discussed at length elsewhere

Death

A date of death has not been identified for Mary Stewart, although she was alive on 1 February 1623, when the testament dative of the deceased Arthur Sinclair, merchant in Kirkwall, was registered, and must therefore have died after that date. [National Records of Scotland, Commissariot Records of Orkney and Shetland, Testament Dative of Arthur Sinclair, merchant in Kirkwall, reference CC17/2/1]

First Marriage

Mary Stewart Married John Sinclair of Tohop, eldest son of Magnus Sinclair of Skaill. The date of the marriage has not been identified but they married before 17 May 1580. NRS: RH6/2550

Children of the First Marriage

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

Please Note: The identification of James Sinclair of Randel as a son of John Sinclair of Tohop and Mary Stewart rests entirely upon the account of the Sinclairs in Sweden published in The Saint Clairs of the Isles

Second Marriage

Mary Stewart married David King of Warbuster, as her second husband. The date of the marriage is not known but her first husband was still alive on 3 November 1593 National Records of Scotland, Title deeds to lands in Orkney, reference GD1/45/15 and so it must have taken place between that date and 18 October 1615, when she is noticed as the wife of David King of Warbuster. National Records of Scotland, James Brown Craven bequest relating to local and ecclesiastical history on Orkney, reference GD106/137

Children of the Second Marriage

Mary Stewart and David King of Warbuster are certainly known to have had at least two children,They are Major David King, younger of Warbuster, [Orkney Archives, Kirkwall, reference D23/6/45] and William King. [Orkney Archives, Kirkwall, reference D24/6/2] Because David King, younger of Warbuster, seems likely to be the eldest son, it is supposed that Mary Stewart may have been the mother of all the children belonging to David King of Warbuster. Their names follow:

1. Major David King of Warbuster, younger
2. William King
3. John King of Warbuster
4. Lt. Gen. James King, Lord Eythin
5. Beatrix King

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

This charter was printed in full by the Viking Society for Northern Reearch Diplomatarium Orcadence et Hialtlandense. Orkney and Shetland Records I,Old Lore Series, vii, document number 72 on pp. 196-99

                   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 friend Johne Sinclair, spouse to Marie 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 sign. National Records of Scotland, Orkney Documents, reference GD1/212/35 An abstract of this charter was published in the Records of the Earldom of Orkney. REO: charter number CXCVII on p. 316

                   4

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

                     5

28 May 1616: Discharge by David King and Marie Stewart, his spouse, in favour of Wm. Sinclair, son of said Marie of 10 meills malt and £3:6:8d in respect of assignation thereof to Jas. Baikie, merchant in Kirkwall National Records of Scotland, James Brown Craven bequest relating to local and ecclesiastical history on Orkney, reference GD106/118

                   6

28 May 1618: Discharge by David King and Marie Stewart, his spouse, in favour of Wm. Sinclair, son of said Marie, of 10 meills malt and £3:6:8d in respect of assignation thereof to Jas. Baikie, merchant in Kirkwall National Records of Scotland, James Brown Craven bequest relating to local and ecclesiastical history on Orkney, reference GD106/118

Evidence from the Orkney Sasine Register

22 June 1618: Sasine in favour of James Baikie, merchant in Kirkwall, following on a charter by which David King of Warbuster and Mary Stewart his spouse confirm that they have sold to him the two penny land of Grind, lying in Tolhoip in St. Andrews parish, together with any right they may have there from Patrick, Earl of Orkney and Lord of Shetland, and Alexander Loutit.The charter was issued at Warbuster in Hoy on 28 May and the sasine was registered on 22 June 1618. Diplomatarium Orcadense et Hialtlandense etc., Vol. III., Orkney Sasines, 1617-1621 (Viking Society for Northern Research), sasine number 29 on pp. 24-5

Evidence from the Orkney Archives

                   1

28 May 1618: Charter by which David King of Warbuster and his wife Marie Stewart confirm that they have sold to James Baikie, merchant in Kirkwall: "all and haill our twa penny land of Grind with howssis, biggings,, partis, pendicles, annexis, connexis and pertininentis belonging thairto, togidder with the towmell or quoyes of Grind adjacent thairto lyand in Tolhope within Sanctandrois parochin, Mayneland and Schirefdome of Orknay". The charter was issued at Warbuster in Hoy on 28 May 1618 and it was witnessed by: "Mr. Andro Dischingtoun, minister at Hoy, William King o[u]r Lawfull sone, and Johne Baikie, brother german to the said James Baikie, with certain utheris".The charter was signed by the following: "David King" "Mary Stewart" "A Dischingtoune" "Johne Baikie and "William King". [Orkney Archives, Kirkwall, reference D24/6/2]

                   2

1623: Disposition by which David King of Warbuster and his spouse Marie Stewart confirm that they have given the lands of Newbister in Sanday to Catherine Sandison. [Orkney Archives, Kirkwall, reference D34/D/1/1/4]

                   3

16 October 1629: Sasine in favour of "David King, yor of Warbuster" lawfull son of David King, elder of Warbuster, and his wife Marie Stewart. The sasine follows from a charter by which David King, elder of Warbuster confirms that he has given the "nine penny land of Warbuster beneth the hill" to his son David. [Orkney Archives, Kirkwall, reference D23/6/45]

Genealogical Accounts

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