Genealogical account of the family of Edmonstone of Duntreath

THE FA MIL Y OF EDMONSTONE. 75
Charter by Archibald of Douglas, son and heir of the said Archibald, Earl of
Douglas, confirming the writs of the said lands of Tillyallan, granted by the said Earl and
Patrick Count Palatine and the said Eufemia Countess Palatine, his wife, and cousin of
the said Archibald of Douglas, in favour of the said Sir John and David of Edmonstone,
dated at Edinburgh, 141 8. George Preston of Gorton (the ancient inheritance of the
Prestons of Craigmillar), William Preston of Benyin, Archibald de Edmonstone, Knights,
William de Edmonstone, Gilbert de Wauchope (of Niddry Marshall), witnesses.
Note 33, Page 26.
Sir James Edmonstone is witness to a charter granted to William, Lord Crichton, in
1440, and in 1458 he had an investment of a portion of his estate of Ednam under the
Great Seal upon his own resignation.
As mentioned in the text, only the marriage of Sir James Edmonstone with Janet
Napier is mentioned in the pedigrees, and John Edmonstone is stated to be the second
son of Sir David, succeeding to his brother in default of male issue. For clearing up this
mistake I am indebted to Mr. Riddell. The documents are numerous in reference to the
marriages and succession of Sir James. I will give them in order : —
There is an instrument under the hand of Richard Robertson, notary, testifying that
the bands for the marriage between the said Sir James Edmonstone and Janet Napier
were proclaimed in the church of St. Giles, Edinburgh, in January 1456 ; But that he had
been previously married, and that the marriage had been dissolved, is attested by an in-
strument under the hands of William Blair and Robert Lynton, notaries, testifying that
Isabell Forstare, daughter of the deceased Sir John Forstare (Forrester) of Corstorphine,
Knight, had renounced the appeal which she had entered against a sentence pronounced
by Richard, Abbot of Culross, and Malcolm Drummond, canon of Dumblane, Commis-
saries for Robert, Bishop of Dumblane, in a process of divorce against her by the said
Sir James of Edmonstone, dated at Edinburgh, February 5, 1456 — Witnesses, William
Edmonstone of Duntreath, Knight, etc.
Such divorces in the Roman Church arose usually from marriages having been con-
tracted within the forbidden degrees of relationship, which were very extensive. But
when this had been done in good faith, or in ignorance, by either party, the legitimacy of
the offspring was not affected. That seems to have been the case in the present instance,
for John Edmonstone, who continued the descent with the bulk of the paternal inheritance,
was probably the son of Isabel Forrester, for no third marriage has been traced, and he
clearly was only stepson to Janet Napier.
The instrument testifying to the proclamation of the bands between Sir James and
Janet Napier, as mentioned above, is dated eight years after the marriage, September 19,
1464. This must have been a precautionary measure, as Mr. Riddell suggests, arising
from some question as to the divorce. The instrument is witnessed by members of the
Napier family.
There is an instrument of resignation on the occasion of this second marriage by