THE DOUGLAS PEERAGE CASE.

Rather more than a hundred years ago the whole kingdom was disturbed

by the judicial proceedings which were taken with reference to the

succession to the ancient honours of the great Scotch house of

Douglas. Boswell, who was but little indisposed to exaggeration, and

who is reported by Sir Walter Scott to have been such an ardent

partizan that he headed a mob which smashed the windows of the judges

of the Court of Session, says that "the Douglas cause shook the

security of birthright in Scotland to its foundation, and was a cause

which, had it happened before the Union, when there was no appeal to a

British House of Lords, would have left the fortress of honours and of

property in ruins." His zeal even led him to oppose his idol Dr.

Johnson, who took the opposite side, and to tell him that he knew

nothing of the cause, which, he adds, he does most seriously believe

was the case. But however this may be, the popular interest and

excitement were extreme; the decision of the Court of Session in 1767

led to serious disturbances, and the reversal of its judgment two

years later was received with the most extravagant demonstrations of

joy.

In the beginning of the eighteenth century, Archibald, Duke of

Douglas, wore the honours of Sholto, "the Douglas." His father, James,

the second Marquis of Douglas, had been twice married, and had issue

by his first wife in the person of James, earl of Angus, who was

killed at the battle of Steinkirk; and by his second of a son and

daughter. The son was the Archibald just mentioned, who became his

heir and successor, and the daughter was named Lady Jane. Her

ladyship, like most of the women of the Douglas family, was celebrated

for her beauty; but unhappily became afterwards as famous for her evil

fortune. In her first womanhood she entered into a nuptial agreement

with the Earl of Dalkeith, who subsequently became Duke of Buccleuch,

but the marriage was unexpectedly broken off, and for very many years

she persistently refused all the offers which were made for her hand.

At length, in 1746, when she was forty-eight years old, she was

secretly married to Mr. Stewart, of Grantully. This gentleman was a

penniless scion of a good family, and the sole resources of the

newly-wedded couple consisted of an allowance of £300 per annum, which

had been granted by the duke to his sister, with whom he was on no

friendly terms. Even this paltry means of support was precarious, and

it was resolved to keep the marriage secret. The more effectually to

conceal it, Mr. Stewart and his nobly-born wife repaired to France, and

remained on the Continent for three years. At the end of that time

they returned to England, bringing with them two children, of whom

they alleged the Lady Jane had been delivered in Paris, at a

twin-birth, in July 1748. Six months previously to their arrival in

London their marriage had been made public, and the duke had stopped

the allowance which he had previously granted. They were, therefore,

in the direst distress; and, to add to their other misfortunes, Mr.

Stewart being deeply involved in debt, his creditors threw him into

prison.

Lady Jane bore up against her accumulated sorrows with more than

womanly heroism, and when she found all her efforts to excite the

sympathy of her brother unavailing, addressed the following letter to

Mr. Pelham, then Secretary of State:--

"SIR,--If I meant to importune you I should ill deserve the

generous compassion which I was informed some months ago you

expressed upon being acquainted with my distress. I take

this as the least troublesome way of thanking you, and

desiring you to lay my application before the king in such

a light as your own humanity will suggest. I cannot tell my

story without seeming to complain of one of whom I never

will complain. I am persuaded my brother wishes me well,

but, from a mistaken resentment, upon a creditor of mine

demanding from him a trifling sum, he has stopped the

annuity which he had always paid me--my father having left

me, his only younger child, in a manner unprovided for. Till

the Duke of Douglas is set right--which I am confident he

will be--I am destitute. Presumptive heiress of a great

estate and family, with two children, I want bread. Your own

nobleness of mind will make you feel how much it costs me to

beg, though from the king. My birth, and the attachment of

my family, I flatter myself his Majesty is not unacquainted

with. Should he think me an object of his royal bounty, my

heart won't suffer any bounds to be set to my gratitude;

and, give me leave to say, my spirit won't suffer me to be

burdensome to his Majesty longer than my cruel necessity

compels me.

"I little thought of ever being reduced to petition in this

way; your goodness will therefore excuse me if I have

mistaken the manner, or said anything improper. Though

personally unknown to you, I rely upon your intercession.

The consciousness of your own mind in having done so good

and charitable a deed will be a better return than the

thanks of

JANE DOUGLAS STEWART."

The result was that the king granted the distressed lady a pension of

£300 a-year; but Lady Jane seems to have been little relieved thereby.

The Douglas' notions of economy were perhaps eccentric, but, at all

events, not only did Mr. Stewart still remain in prison, but his wife

was frequently compelled to sell the contents of her wardrobe to

supply him with suitable food during his prolonged residence in the

custody of the officers of the Court of King's Bench. During the

course of his incarceration Lady Jane resided in Chelsea, and the

letters which passed between the severed pair, letters which were

afterwards produced in court--proved that their children were rarely

absent from their thoughts, and that on all occasions they treated

them with the warmest parental affection.

In 1752, Lady Jane visited Scotland, accompanied by her children, for

the purpose, if possible, of effecting a reconciliation with her

brother; but the duke flatly refused even to accord her an interview.

She therefore returned to London, leaving the children in the care of

a nurse at Edinburgh. This woman, who had originally accompanied

herself and her husband to the continent, treated them in the kindest

possible manner; but, notwithstanding her care, Sholto Thomas Stewart,

the younger of the twins, sickened and died on the 11th of May 1753.

The disconsolate mother at once hurried back to the Scottish capital,

and again endeavoured to move her brother to have compassion upon her

in her distress. Her efforts were fruitless, and, worn out by

starvation, hardship, and fatigue, she, too, sank and died in the

following November, disowned by her friends, and, as she said to

Pelham, "wanting bread."

Better days soon dawned upon Archibald, the surviving twin. Lady Shaw,

deeply stirred by the misfortunes and lamentable end of his mother,

took him under her own charge, and educated and supported him as

befitted his condition. When she died a nobleman took him up; and his

father, having unexpectedly succeeded to the baronetcy and estates of

Grantully, on acquiring his inheritance, immediately executed a bond

of provision in his favour for upwards of £2500, and therein

acknowledged him as his son by Lady Jane Douglas.

The rancour of the duke, however, had not died away, and he stubbornly

refused to recognise the child as his nephew. And, more than this,

after having spent the greater portion of his life in seclusion, he

unexpectedly entered into a marriage, in 1758, with the eldest

daughter of Mr. James Douglas, of Mains. This lady, far from sharing in

the opinions of her noble lord, espoused the cause of the lad whom he

so firmly repudiated, and became a partisan so earnest that a quarrel

resulted, which gave rise to a separation. But peace was easily

restored, and quietness once more reigned in the ducal household.

In the middle of 1761, the Duke of Douglas was unexpectedly taken ill,

and his physicians pronounced his malady to be mortal. Nature, in her

strange and unexplained way, told the ill-tempered peer the same tale,

and, when death was actually before his eyes, he repented of his

conduct towards his unfortunate sister. To herself he was unable to

make any reparation, but her boy remained; and, on the 11th of July

1761, he executed an entail of his entire estates in favour of the

heirs of his father, James, Marquis of Douglas, with remainder to Lord

Douglas Hamilton, the brother of the Duke of Hamilton, and

supplemented it by another deed which set forth that, as in the event

of his death without heirs of his body, Archibald Douglas, _alias_

Stewart, a minor, and son of the deceased Lady Jane Douglas, his

sister, would succeed him, he appointed the Duchess of Douglas, the

Duke of Queensberry, and certain other persons whom he named, to be

the lad's tutors and guardians. Thus, from being a rejected waif, the

boy became the acknowledged heir to a peerage, and a long rent-roll.

There were still, however, many difficulties to be surmounted. The

guardians of the young Hamilton had no intention of losing the

splendid prize which was almost within their grasp, and repudiated the

boy's pretensions. On the other hand, the guardians of the youthful

Stewart-Douglas were determined to procure the official recognition of

his claims. Accordingly, immediately after the duke's decease, they

hastened to put him in possession of the Douglas estate, and set on

foot legal proceedings to justify their conduct. The Hamilton faction

thereupon despatched one of their number to Paris, and on his return

their emissary rejoiced their hearts and elevated their hopes by

informing them that he was convinced, on safe grounds, that Lady Jane

Douglas had never given birth to the twins, as suggested, and that the

whole story was a fabrication. They, therefore, asserted before the

courts that the claimant to the Douglas honours was not a Douglas at

all.

They denied that Lady Jane Douglas was delivered on July 10, 1748, in

the house of a Madame La Brune, as stated; and brought forward various

circumstances to show that Madame La Brune herself never existed. They

asserted that it was impossible that the birth could have taken place

at that time, because on the specified date, and for several days

precedent and subsequent to the 10th of July, Lady Jane Douglas with

her husband and a Mrs. Hewit were staying at the Hotel de Chalons--an

inn kept by a Mons. Godefroi, who, with his wife, was ready to prove

their residence there. And they not only maintained that dark work had

been carried on in Paris by the parties concerned in the affair, but

alleged that Sir John Stewart, Lady Jane Douglas, and Mrs. Hewit, had

stolen from French parents the children which they afterwards foisted

upon the public as real Douglases.

The claimant, and those representing him, on their part, brought

forward the depositions of several witnesses that Lady Jane Douglas

appeared to them to be with child while at Aix-la-Chapelle and other

places, and put in evidence the sworn testimony of Mrs. Hewit, who

accompanied the newly-wedded pair to the continent, as to the actual

delivery of her ladyship at Paris upon the 10th of July 1748. They

also submitted the depositions of independent witnesses as to the

recognition of the claimant by Sir John (then Mr.) Stewart and his

wife, and produced a variety of letters which had passed between Sir

John Stewart, Lady Jane Douglas, Mrs. Hewit, and others as to the

birth. They also added to their case four letters, which purported to

emanate from Pierre la Marre, whom they represented to have been the

accoucheur at the delivery of Lady Jane.

Sir John Stewart, Lady Jane's husband, and the reputed father of the

claimant, died in June 1764; but, before his decease, his depositions

were taken in the presence of two ministers and of a justice of the

peace. He asserted, "as one slipping into eternity, that the defendant

(Archibald Stewart) and his deceased twin-brother were both born of

the body of Lady Jane Douglas, his lawful spouse, in the year 1748."

The case came before the Court of Session on the 17th of July 1767,

when no fewer than fifteen judges took their seats to decide it.

During its continuance Mrs. Hewit, who was charged with abetting the

fraud, died; but before her death she also, like Sir John Stewart,

formally and firmly asserted, with her dying breath, that her evidence

in the matter was unprejudiced and true. After a patient hearing seven

of the judges voted to "sustain the reasons of reduction," and the

other seven to "assoilzie the defender." In other words, the bench was

divided in opinion, and the Lord President, who has no vote except as

an umpire in such a dilemma, voted for the Hamilton or illegitimacy

side, and thus deprived Archibald Douglas, or Stewart, of both the

title and the estates.

But a matter of such importance could not, naturally, be allowed to

remain in such an unsatisfactory condition. An appeal was made to the

House of Lords, and the judgment of the Scottish Court of Session was

reversed in 1769. Archibald Douglas was, therefore, declared to be the

son of Lady Jane, and the heir to the dukedom of Douglas.

Celebrated Claimants from Perkin Warbeck to Arthur Orton · 第 45 / 62 题