I. Illustrations of the Popular Versions of the Progress of the LIST OF ILLUSTRATIONS. 1. Archibald Douglas of Douglas, from a mezzotint, 2. Andrew Stuart, M.P., from a mezzotint after Reynolds, 3. Lord Loughborough, from a print, 4. Old Menilmontant, from a print, 5. Paris at the time of the Douglas Cause, 6. Lord President Dundas, from a print after the portrait by Raeburn, 7. Lord Kames, from a print, 8. Lord Alemore, from the portrait in the Parliament House, 9. Lord Eliock, from the painting by Raeburn, lent by G. D. Veitch, Esq. of Eliock, 10. Lord Stonefield, after John Kay, 11. Lord Gardenstone, after John Kay, 12. Lord Kennet, from the portrait by Martin in the Parliament House, 13. Lord Hailes, after John Kay, 14. Lord Monboddo, after John Kay, 15. Archibald Douglas of Douglas, supported by Lords Camden and Mansfield, from a mezzotint in the British Museum, published after the Trial, 16. The first Earl of Mansfield, from a print, 17. Lord Thurlow, from a mezzotint after Romney, 18. A portion of Lord Eliock's MS. Notes in The Douglas Cause, 19. Lady Jane Douglas, from Percy Fitzgerald's "Lady Jean,"”. CHRONOLOGICAL TABLE. 1698. 17 March-Birth of Lady Jane Douglas. 1720. Her betrothal to Francis, Earl of Dalkeith. On the breaking off of the engagement she retires for some time to France. 1736. Death of her mother, with whom she lived at Merchiston Castle. 1746. 4 August-Lady Jane, now aged 48, marries Colonel John Steuart and goes abroad, concealing the marriage, taking with her Mrs. Hewit and two maids. 1747. 10 February-From the Low Countries she writes to Mrs. Carse denying the rumour of her marriage. April-She and Colonel Steuart go to Aix-la-Chapelle. 1748. April-Lord Crawford announces to her brother, the Duke of Douglas, that she is married and going to have an heir. 21 May-The Steuarts leave Aix for Rheims. 2 July-Lady Jane, Colonel Steuart, and Mrs. Hewit (leaving the 4 July-They arrive in Paris and put up at the Hotel de Chalons. 22 July-Mrs. Hewit announces the birth to the maids at Rheims. 1749. November-Lady Jane and Colonel Steuart return to Paris and then go back to Rheims with the younger and delicate child. 29 November-The whole party go to England, and Colonel Steuart is soon imprisoned for debt in London. 1750. 15 May-Lady Jane, in great straits, appeals to Mr. Pelham, and obtains a pension of £300 a year from King George II. 1752. May-Hearing that her brother, the Duke of Douglas, disbelieves in the story of the birth of the children, Lady Jane decides to go to Scotland. 17 August-She arrives in Edinburgh with the children, and sees many old friends. The Duke of Douglas remains silent. She attempts to see him at Douglas Castle, but is repulsed. 1753. 17 April-She returns to London and hears of the death of the younger child (Sholto), whom she had left behind. She at once returns to Scotland in great grief. 12 November-Rapidly failing in health, she makes her will. 22 November-Lady Jane dies in poverty, acknowledging the child Archibald (Douglas Steuart) as her son. He is not recognised by her brother, the Duke, but is cared for by her friend, Lady Schaw. 1754. The Duke of Douglas settles his great estates on his heir male the Duke of Hamilton. 1760. 5 January-The Duke of Douglas revokes his settlement in favour of the Duke of Hamilton. 1761. 11 July-The Duke of Douglas names Archibald Douglas Steuart his heir, as his sister's son. 21 July-Death of the Duke of Douglas. Archibald Douglas Steuart is served heir. Actions are raised against him by the Duke of Hamilton, founding on old Entails, but they fail. 1762. 7 December-A new action, "The Douglas Cause," begins. The Duke of Hamilton and others attempt to reduce Archibald Douglas Steuart's service as heir to the Duke of Douglas on the ground that he was not Lady Jane's son, but a supposititious child. 17 December-The Hamilton side commence the Tournelle action in Paris. 1764. 14 June-Colonel Steuart (now Sir John Steuart of Grandtully) dies acknowledging Archibald Douglas as his son. 1767. 7 July-The Court of Session, advising on the Douglas Cause, begins. 15 July-It ends in the Court being divided, seven judges on either side, but by the vote of the Lord President the Cause is carried in favour of the Duke of Hamilton. Riots ensue in Edinburgh. 1769. 19 January-The Douglas Cause goes before the House of Lords. 27 February-Judgment is pronounced in favour of the claim by Archibald Douglas that he is the son of Lady Jane Douglas. Great rejoicings in Scotland. 27 February-Protest by five Peers against this judgment. 1790. 9 July-Archibald Douglas (Steuart) created Lord Douglas of Douglas. THE DOUGLAS CAUSE. INTRODUCTION. THE Douglas Cause is, most likely, the greatest civil trial affecting status that Scotland has ever seen. The conflicting decisions of the Court of Session and the House of Lords alone made it momentous, and the rank of the parties and the extent of the estates which were dependent upon the final decision made it pre-eminently interesting to the public in its own time, and the complexity of the evidence and the conflicting statements of the witnesses, both Scottish and French, as well as the old and irregular methods by which the evidence was procured, make the whole trial a very delicate and intricate study even at this distance of time. The Cause endured, through its varying stages, eight years in all, and the mass of legal pleadings connected with it is enormous. As it is the first Civil Cause dealt with in this series, we feel that it may be differently treated from the Criminal Trials that went before it, and it is proposed, therefore, to give (1) a résumé of the history of the Cause, and (2) a narrative of the circumstances that led to it, told as impartially as may be for upon impartiality depends the value of this book—and with as little prejudice as possible. The Judgments of the Court of Session are given in full,1 and the two chief speeches (which alone exist) delivered in the judgment in the final Appeal to the 1 There are two reports, differing very considerably from each other, and neither authoritative, of the speeches delivered in judgment. The first is "The speeches, arguments, and determinations of the Right Honourable the Lords of Council and Session in Scotland upon that important Cause wherein His Grace the Duke of Hamilton and Others were Plaintiffs, and Archibald Douglas of Douglas, Esq., Defendant, with an introductory Preface, giving an impartial and distinct account of this suit, by a Barrister at Law, printed in London for J. Almon, 1767," and the second, that of William Anderson, printed by Balfour, Auld & Smellie, Edinburgh, 1768. It is the former which is here printed, as the judgments, if less verbose, are more pithy and incisive. A "State of the Evidence" comparing the two reports, "with remarks" by Robert Richardson, D.D., Prebendary of Lincoln, was published also at London in 1769. See Appendix II. |