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dered for them, and faw Sir John's nightgown and flippers in that room: that the deponent went from Huntington to London, to procure paffes for Sir John and Lady Jean for Holland: that he and Sir John were to stay at Huntington for Come days, and from that to go to Harwich, where they were to wait till the palles came to them; that the deponent, by Lady Jean's orders, exchanged letters, at feveral different times, and at different places, with the faid Mrs Hewit; from whom he had letters from Rotterdam, Hague, Utrecht, Aix-la-Chapelle, Rheims, and, as he thinks, from Paris; that in one of thefe letters from Rheims, Mrs Hewit writ, that Lady Jean was with child; and that he was fix or feven months going with child; and, upon recollection, thinks, the letter was from Aix-la-Chapelle. Depones, That he had a letter from Mrs Hewit from Paris, wherein the wrote, that Lady Jean was delivered of two fons upon the roth of July 1748, fo far as he can recollect, having destroyed the letters two or three years ago, thinking them of no import: that the depoment received the laft-mentioned letter about a fortnight, or thereby, after the faid 10th of July: that about that time Mr Archibald Stuart, then doer for the Duke of Douglas, fent for the depo hent, and having inquired, if he had any word from Lady Jean, he fhowed the laftmentioned letter, and Mr Stuart read it, and took a note of what was contained in the letter, concerning the birth of the children, and faid, he would fend it, br flow it to the Duke of Douglas. Depones, That Lady Jean returned to Scotland in August 1752, as the deponent Ahinks; that when the came to Leith, the deponent was fent for, and faw Lady Jean, and Mrs Hewit attending her; that Lady Jean called for her two fons, and introduced them to the deponent, as her children, and the deponent faluted them; that the name of the eldest fon, the claimant, was Archibald, and the fecond fon, Sholto. Depones, That Lady Jean went from Edinburgh to London in April 1753; that fome few days after fhe left this place, her fon Sholto fevered and died; that the children having been committed to the deponent's infpection and care, he acquainted Lady Jean of the child's death; that he received an answer from Mrs Hewit, bearing, that Lady Jean was fo ficted with grief, for the hots of her child, that the could neither

write, nor do any thing for fome time; that the returned to Scotland in Auguft thereafter, and the deponent had frequently occafion to fee her behave most kindly, and in a motherly way, to the claimant, her fon.

James Hepburn of Keith, Efq; aged bo or thereby, depones, That Lady Jean Douglas was habite and repute to be married to Sir John Stewart, now of Grandtully, who formerly used to pafs by the name and defignation of Colonel John Stewart; and that the claimant was habite and repute to be the only fon now on life, procreate of the faid marriage: that Lady Jean was at the Hague in the year 1746, where the deponent faw her and Sir John Sewart; that he afterwards faw them at Aix-laChapelle, in fpring 1748: that Lady Jean appeared to the deponent to be thinner in the face, and not fo well as when he had feen her at the Hague; that he took notice of this to Mrs Hepburn, his fpouse, who faid, Don't you obferve that the is with child? and that he accordingly looked at her more narrowly next day, and he did appear to be with child: that about two months thereafter, or thereby, he faw Lady Jean and Sir John at Liege, when the appeared to be further gone with child; and that the endea voured to conceal her bignefs in the belly, by a loose drefs which he wore that he was attended by two fervant-maids, whofe names the deponent thinks were Effy Caw and Tibby Walker, at the forefaid places; and that he faw Mrs Hewit along with I.ady Jean at all thefe places. Depones, That when Sir John and Lady Jean were at Liege, Sir John told the deponent, that Lady Jean was going to Paris to be delivered, or to lie-in: that the deponent taid, that if Lady Jean was delivered of a child in any place abroad, he would be reckoned an alien; but Sir John faid, that if a child was of Scots parents, their being born abroad did not make them aliens; and that Sir John further faid, that Paris was the fafeft place for a woman's getting a proper af fiftance in child-bed: that he does not remember to have heard any thing spoke of Lady Jean's being with child, except in his own family, who all believed the was with child. Depones, That after Lady Jean was delivered, Mrs Hepburn, the deponent's spouse, had a letter from Lady Jean, giving an account of her fons their birth; and thinks Sir John wrote to the faire purpose, but is not positive: that

after

after this, the deponent faw Lady Jean in Scotland, in a houfe near the meadow, who prefented to the deponent her two fons, who he faluted. .

Mrs Chriftian Denoon, wife of James Hepburn, the preceding witnels, aged 60, or thereby, depones, That the faw Lady Jean Douglas, and Sir John Stewart her husband, at the Hague, in the year 1746, and had occafion to be with them there, almoft every day, for two months together: that he likewife faw them at Aix-la-Chapelle in the year 1748, having gone on purpose to fee Lady Jean, and taid about eight or ten days with them there: that thereafter, in the fame year, the faw them at Liege, where the deponent then refided: that at all thefe places the was attended by Mrs Hewit, Effy Caw, and Tibby Walker, which two last were fervant-maids: that the late Lord Crawfurd was at Aix-la-Chapelle when the deponent vifited Lady Jean, as aforefaid: that when the deponent faw Lady Jean at Aix-la-Chapelle, the observed a very great difference from the looks that the had at the Hague: that her face was very thin, that her belly or waist was very thick, her cheeks thin, and her eyes large: that from all which the deponent had not the least doubt of her being with child, and that the told this to the former deponent, her husband, that night, and faid to him, that he was fure Lady Jean was with child that he told the fame next morning to Mrs Hewit, and faid the took it ill that he had never acquainted her thereof: that Mrs Hewit faid, that he wanted to furprife the deponent teably, and to try whether the would And it out herself: that afterwards, when e deponent saw Lady Jean at Liege, She appeared just like a clue, with acapuchin about her, which the common. wore, and feemed to have no affectaten to how, or difcover, her being with child: that one morning fhe faw Lady Jean fitting upon her bed-fide without hern, and her waift-coat laid about der that her breafts were quite expofed; and that, from what the deponent obed of them, it was impoflible that peron who faw her in that fituation, could doubt of her being with child that this was the more obfervable to the depo ent, that when the faw her at the Hague, was a thin and flender woman, in fo far as that the fearce appeared to have breafts at all: that the deponent

J

De

the morning above mentioned.
pones, That when the deponent was at
Liege, there were feveral of her country-
men there, with whom the deponent con-
verfed about Lady Jean's being with
child, which was then univerfally belie-
ved, and doubted of by no body: that,
after that, Sir John wrote a letter to the
deponent, acquainting her of the birth of
his fons, which the now exhibits, dated
6th Auguft 1748*; and exhibits a letter
from Lady Jean, dated 11th of October
1748, acquainting her of the state of her
childrens health; and exhibits also a let-
ter from Mrs Hewit to her, dated 21ft
December 1748 t, from which letter the

and other papers mentioned in the depofitions
[In the printed copy of the fervice, the letters
are all placed by themselves, after the verdict of
the inqueft. We give extracts from them by
way of notes at the bottom of the pages in which
they are respectively mentioned.]

Lady Jean was brought to bed of two boys the evening of the last day [July to.] I wrote to you; but as there is no joy in this life without fome alloy, the one is fo puny and weak, it fearce had life; but by the help of warm wine, and a very good nurse, and country air, ftill lives, pleafes, the other promifes as well as ever child and may poffibly do well. But be that as God did, which the keeps under her eye, with a fine norf, after changing three: had he not been ftrong naturally, it was enough to have killed him; but far from it, he is whole and sturdy, fleeps and fucks without intermiffion; and the angel herfeif recovers to a with: it is true, we are obliged to conceal the tenderness of the youngest unti! she is quite well.

t- Your friend Mr Stewart is gone the day before yefterday to fee little Sholto, who is fill mighty weak and tender, though rather fomewhat revived, and better, I hear, within

thefe few weeks. Mr Stewart took the opportu nity of going along with Baron Magilicoat, who was obliged to go to Paris about fome affairs; he returns again in a fortnight or three weeks.

about me, I know you'll be fatisfied to hear that Since you're fo good's to intereft yourself your young friend, little Archibald, continues ftill, I blefs God, both frong and well.

I have been ill thefe fix weeks, fo that

I never was able to go out. Lady Jean has been ill these three weeks, though now, blefied be God, the is pretty well, but very weak. You muft know, the was in as good a way as you and I could have wifhed, the matter of ten weeks; and my Lady Wigton being ill, and taher; and coming home, her foot flipt, and, to king medicines, obliged her to go oft to fee fave her felf from falling, wrampt her back; and did not tell me when the came home, or I would have had her bied directly; and the next day the fell

tre in be furprise upon Lady Jean in with a witness, which has quite broke my heart.

VOL. XXV.

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14 The fervice of Archibald Douglas of Douglas, Efq; Vol. xxv deponent apprehended that Lady Jean Shop Keith; and that there was no othe had parted with child. Depones, That witnefs prefent but the deponent: that, the never heard, as far as the remem- fix days after the marriage, Lady Jean bers, any doubt about the foremen- fet out for Huntington in England, and tioned fons being Lady Jean's, till he the deponent attended her, as a compacame to Scotland in the year 1749. De- nion, together with her two fervantpones, That after fhe came to Scotland, maids, Effy Caw and Tibby Walker. The frequently faw Lady Jean and her two Depones, That Sir John met Lady Jean at fons together: that he always behaved Huntington, from whence they fet out in a motherly way to them, without any to Harwich, and went thereafter to the affectation of fondnefs: that the young. Hague, where they ftaid four months: eft fon, Sholto, was Lady Jean's very pic from thence to Utrecht; and in the end ture: that Effy Caw, above mentioned, of April 1747, they went to Aix-la-Chawas difmiffed Lady Jean's fervice, after pelle: that they ftaid at Aix la-Chapelle Lady Jean came to England, as the de- from May 1747 till the 1st of June 1748: ponent thinks. and came down to Scot that, in the end of the year 1747, Lady land, and applied to the deponent for Jean proved with child: that the two fervice that the recommended her ac- former deponents, Mr and Mrs Hepburn, cordingly to wait on the deponent's niece, lived then at Liege, and, during Lady Mifs Bruce, and the afterwards ferved Jean's pregnancy, came to Aix-la-Chathe deponent's daughter-in-law. Mrs pelle, to fee her: that the firil time Mrs Hepburn, went to England with her, and Hepburn faw Lady Jean upon that visit, died there: that when he was in these the observed to the deponent, that Lady fervices, the deponent heard her frequent- Jean was with child, and quarrelled her ly declare, that if he were to step next mo- for not letting her know of it: the depoment into eternity, fhe would declare that nent answered, That it was very true, Lady Jean, her miftrefs, was with child; but that Lady Jean was fo bafhful, that and as there was fome talk, at that time, the would not allow any person to speak that the children were not Lady Jean's, of it: that, while they ftaid at Aix-laThe wished that her oath might be taken Chapelle, there were many Scots people concerning that matter; and the depo- there, particularly Lady Wigton, and Mils nent had the more regard to this, that Primrofe, who lived with her, and one the feemed to be a little piqued at Lady Mrs Greig, Lady Wigton's woman, who at Jean's turning her from her fervice. prefent is in Edinburgh: that there was alDepones, That Effy Caw told the depo- fo there, a lady of distinction, Madam O. nent, as the reafon why the was fo pofi- bean, whofe husband had a houfe at tive of Lady Jean's being with child, that Bruffels; that Lady Jean was very intigenerally fhe dreffed and undressed Lady mate with that lady, and was every day Jean, when he was in her fervice: that at the affemblies which were held at her the deponent knows, that the forefaid houfe, where the had an opportunity of Effy Caw and Tibby Walker remained being feen by numbers of people from all at Rheims, when Lady Jean went to Pa- nations, as the congrefs was then going ris to be delivered; and that the depo- on in that city: that Madam Obean pref nent has been told by Sir John, Lady ed Lady Jean to go to Bruffels, to be Jean, and the two fervant-maids, that delivered in her house; which the would the reafon of their remaining at Rheims, have done, had not that lady's hulband was the want of money to carry them to been called to Vienna, to take poffeffion of the office of one of the minifters, and Paris. his lady was obliged to follow him: that, during this time, the deponent had occafion frequently to converfe with the ladies above mentioned, who all took no. tice of Lady Jean's pregnancy: that Lady Jean was about eight months gone with child before the left Aix-la-Chapelle, and, at that time, both her belly. and breafts, particularly her breafts, were fo remarkably big, that most people thought he was with twins: that Lady and Jean naturally was remarkably flender,

Mrs Helen Hewit, refidenter in Edinburgh, aged 50, or thereby, depones, That fhe was acquainted with Lady Jean Douglas, fifter to the late Duke of Douglas, from her childhood: that the deponent was prefent at Lady Jean's houfe at Drumfheugh, when he was married to Sir John Stewart of Grandtully, who then pafled by the name of Colonel Stewart: that they were married upon the 10th of Auguft 1746, by the deceafed Mr Keith, who commonly paffed by the name of Bi

:

and had fcarce any breafts at all: that, at the fame time, the late Earl Crawfurd and Lord Blantyre were both at Aixla-Chapelle, and Lord Blantyre lived in the houfe with Lady Jean, and both of thefe Lords were every day with her: that the reason of their leaving Aix-laChapelle was, that the expence of living was turned fo extravagantly high, that they could not afford it: that when they left that city, their company confifted of Sir John, my Lady, the deponent, the two maid-fervants above mentioned, and the man-fervant, who was a foreigner, and who left them at Liege that they ftaid at Liege four or five days, during which time Sir John and Lady Jean, Mr and Mrs Hepburn, were every day together in one another's houses: that from Liege they went to Sedan, where they faid two or three days, because Lady Jean was out of order, and seemed likely to be delivered: from Sedan they went to Rheims, where they arrived, as the deponent thinks, about the middle of Jane, and they remained there till the end of that month: that while they ftaid at Rheims, Lieut Mackenzie and Maclean, two British officers, who had been taken prisoners by the French, were in that city, and were three or four times a-week with Lady Jean: that the first day of July, Lady Jean, Sir John, and the deponent, let out in a ftage-coach for Paris; and that the two officers above mentioned lifted Lady Jean into her coach, because the was fo heavy that the could hardly ftir: that the reason why Lady Jean went to Paris, was becaufe there was no proper help to be had at Rheims, as they were told by every body: that the two fervant-maids were left at Rheims for want of money to cary them along; and that Lady Jean intended to have sent for them; but she did not get money foon enough: that upon their coming to Paris, the endeavoured to perfuade her banker to advance her thirty louidores, which were to fall due at the Lammas following; and that as he refufed fo to do, Sir John wrote to Rheims, to one Mr Andrews, to whom they had been recommended, who ordered his banker to advance the money; and that the very day it was paid, Lady Jean was brought to bed, which made it unneceffary to fend for the fervant-maids: "that when they arrived at Paris, they had only one guinea; that upon the 10th of July Lady Jean was delivered, at Paris, of

that

two fons; and that the deponent was prefent at their birth, and received them both into her lap, when they came into the world: that the eldeft, whofe name is Archibald, and is the prefent claimant, was a strong healthy child; but the other, whofe name was Sholto, was fo weakly, that it was not believed he would live above twelve hours; and for that reason the man-midwife, whofe name, the deponent thinks, was fomething like Le Marr, but cannot be pofitive, as fhe does not understand French, immediately chriftened him: that their landlady and her daughter were prefent at the birth; but the does not remember any of their names, as they were French: that they staid in that houfe for ten days after the delive ry, when they were obliged to transport Lady Jean to another house, on account of buggs: that they remained in Paris alt together, for about three weeks; when they were advised by the man-midwife to go to a village in the neighbourhood for more air, the weather being excelfively hot: that they ftaid in that village for about a fortnight, during which time Lady Jean recovered furprisingly from this village they returned to Rheims, and carried the eldest boy along with them, who was not then chriftened: that they left the youngest, on account of his weak state, at Paris, under the care of the man-midwife; who got a faithful nurse to him, under whofe care he grew much ftronger; and that the man-midwife wrote every week to Sir John, giving him an account of the boy's health; and that he was fuckled for fixteen months: that Lady Jean, both at Paris and at Rheims, went under the name of Madam Stewart: that about three weeks after their return to Rheims, when he was about two months old, the eldest boy was christened Archibald: that the chriftening was fo long delayed by waiting for Lady Wigton, who was to be godmother; and that accordingly Lady Wigton and Mrs Andrews were godmothers, and the late Lord Blantyre, and Baron Macilicoat, Lady Wigton's husband, were godfathers; and that they were all prefent: that the ceremony was performed publicly in the church, by the parith-priest, in the prefence of a multitude of fpectators: that the Bishop of Joppa was at the entertainment after the baptifm, and feemed to be angry that he was not defired to perform the ceremony: that the godfathers and godmothers were all at the entertainC 2

ment:

ment: that after their return to Rheims, they ftaid in one Madam Mavet's for about fixteen months: that about a month after the chriftening, Lady Jean fell again with child; and when the was near three months gone, her foot flipt in the fireet, as fhe was walking home from a vifit to Lady Wigton, and gave her back a twift, by which means fhe mifcarried next day; and was much worse upon that occafion than the formerly was when he was delivered at Paris: that when the second boy was about fixteen months old, the deponent went along with Sir John and Lady Jean, and brought him to Rheims: that about half a year after the children were born, to the best of the deponent's remem brance, the penfion of 300 1. a-year, which Lady Jean had from her brother the Duke of Douglas, was withdrawn; upon which occafion Lady Jean wrote to Lord Morton, who remitted her 3501.: that about November 1749, they left Rheims, and returned to London, with the children, where they arrived a week before Christmas: that they remained at London and Chelsea for about two years and ten months that in the year 1752, Lady Jean and the deponent came to Scotland, with the children, and Sir John remained in London: that the end of April 1753, Lady Jean and the deponent returned to London, and left the children in a house near the meadow, under the care of Ifabel Walker above mentioned, now Mrs Glafs, a cook-maid, and a footman; and recommended them to the care of Mr William Loch, writer in Edinburgh, and Mr Colvill, a former deponent: that two days after they left Scotland, the younger bov, Sholto, fell into a fever, of which he died: that the deponent was informed of this by Mr Colvill, who wrote to her every poft that Lady Jean was affected in the deepest manner with his death, and laid it fo to heart, that he never was well after it: that this boy Sholto was the very picture of Lady Jean: that Lady Jean was at tended in her fickness at London, by Mr James Pringle, furgeon to the guards; and when he left that place, by Mr Fordyce that these gentlemen told the deponent, that Lady Jean's disease was a broken heart that Lady Jean returned to Scotland in August 1753, and died the 22d of November following: that about four hours before the died, the ordered her fon Archibald, the claimant, to be brought to her; when the laid her hand upen his head, and faid, God bless you, my

child; God make you a good and an honeft man, for riches I defpife; take fword in your hand, and you may one day be as great a hero as fome of your prede ceffors. And being interrogate for Duke Hamilton, depones, That he does not know whether their lodgings at Paris were bespoke before they went there; and that they first lighted at an inn, before they went to their lodgings: that the first time the faw the man-midwife was, when he was called to aflift Lady Jean in labour; and that he does not know that he was formerly bespoke: that she does not remember the name of the street where they lodged, as it is a French name, and does not underftand French: that the does not know whether the birth of the children, or the baptifm of Sholto, were registrate at Paris: that during her stay at Paris, Lady Jean received no vifits from any of her countrymen, nor faw any of them: that they got the nurfe for Archibald, the claimant, at the village, near Paris, to which they went as above mentioned; and that they carried her, together with her hufband and child, with them to Rheims; but does not remember her name; the was commonly called Nurfe that before they got this nurse, the child had two or three other nurfes, who had not good milk, and who were obliged to be difmiffed; but does not remember any of their names : that no nurfe was bespoke before Lady Jean's delivery, but their landlady got milk-women in the neighbourhood, immediately after the birth: that Lady Jean would not allow any nurse to be beIpoke before her delivery, because the faid the did not know if the would bear a living child: that while Lady Jean staid at Paris, and at the village in the neighhourhood, and till she returned to Rheims, fhe had no hired fervants of her own, but was attended by the fervants of the houfes where they staid. And being further interrogate for the claimant, depones, That after their return to England, the younger boy Sholto was again baptized by one Dr Colvill: that befide Sir John and Lady Jean, there were present upon this occasion, Lady Wigton, Mifs Primrofe, Lady Wigton's woman, Mrs Greig, and the deponent.

Mrs Jean Greig, houfekeeper to Charles Areskine of Alva, Lord Justice-Clerk, aged 38, or thereby, depones, That the knew the deceased Lady Jean Douglas: that the was habite and repute to be married to Sir John Stewart now of Grandtully, who formerly used to pafs by the name and

defignation

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