[A1516/11/1]¹

Declaration: concerning the bastardy of Alexander Stewart, commendator of Inchaffray

King James, by the grace of God, etc., to all good men to whom these present letters shall come, greetings. Know that we have understood a certain act [made] by the prelates, barons and burgh commissioners of our three estates represented in our parliament held by them at Edinburgh on 13 November 1516 concerning an article touching a certain definitive sentence of divorce carried out by the late Mr John Otterburn, official of Lothian, on 9 March 1477 [1478] between the late noble and powerful prince Alexander [Stewart], duke of Albany, of good memory, to whose soul may God be kind, and Lady Katherine Sinclair, daughter of the late [William Sinclair], earl of Caithness, given and promulgated in this form:

In the parliament held at Edinburgh, 13 November 1516, by the prelates, barons and commissioners of burghs representing the three estates of the realm, as to the article touching a certain sentence definitive of divorce given by the late Master John Otterburn, official of Lothian, 9 March 1477 [1478], between the late and noble and mighty Alexander [Stewart], duke of Albany, whom God absolve, and Lady Katherine Sinclair, [William Sinclair], earl of Caithness's daughter, of the consanguinity that was between them in forbidden degrees, as at more length is contained in the said sentence given under the seal of office of the said official and sign manualof Sir George Newton, notary, now clerk of the said officiality, produced and read in this present parliament, and that the said sentence is to be registered in the acts of parliament, there to remain in all times to come, and that by registration thereof shall have as great force and effect as the original, also that by the three estates there be made a confirmation and clarification of the said sentence and of the dependents thereof, therefore the three estates of the said parliament, being fully advised about the things written above and desiring to provide for the common good of the realm without scruple or doubt in time to come, ordain that the said sentence be authentically registered in the acts of the parliament and in the books of acts of all the officials of this realm, there to remain for perpetual memory, and that both the register and copy thereof have effect and force in time to come as the original; discerning now and declaring by ripe deliberation in this said parliament and by the authority thereof that a right excellent prince John, duke of Albany etc., tutor to the king's grace and governor of his realm, only natural and lawful son of the late Alexander, duke of Albany etc., and of a noble lady Dame Agnes [de la Tour d'Auvergne] of Boulogne, is the second person of this realm and only heir to his said late father, and that failing of our sovereign lord now present and his heirs to be gotten of his body, the said John, duke of Albany is nearest of line and blood capable and able to succeed to the crown. And further, since the said pretended marriage reputed between the said late duke and Katherine was lawfully declared of no strength nor effect, and that they had made the same quietly without any publication or solemnities required thereto against the decrees and constitutions of the kirk, that, according to the said decrees and other laws, customs and constitutions of this realm, Alexander Stewart, commendator of Inchaffray, bastard son of the said late Alexander and Katherine, is and undoubtedly should be reputed born bastard and illegitimate by any marriage, and therefore, in this present parliament and by the authority thereof, he is declared at all points unable to succeed. The which declaration the said Alexander, being present in plain parliament and of his own motive and free will, confessed and held agreeable, and declared in the presence of the three estates that he had never right nor mind to succeed in any manner to the said late Duke of Albany, his father, nor never thought to claim or pretend any right thereto, renouncing superabundantly and forever to pretend any right in the same. And further, the said three estates ordain that this declaration of parliament be made under the great seal in authentic form, together with the appending of the seals of the said three estates. Here follows the said official sentence:

[Abstract translation:] John Otterburn, official of St Andrews in the archdeaconry of Lothian, sitting as judge in a matrimonial cause tending to divorce, moved in our presence by Alexander, duke of Albany, pursuer, and the Lady Katherine Sinclair, daughter of William, earl of Caithness, defender, having heard the reasons exhibited by the first party, gives this definitive sentence: that the marriage contracted between them with carnal union following is and was null and invalid for this reason, that Alexander and Katherine are related in the fourth degree of consanguinity, and we discern them, therefore, to be separated. Given in the collegiate church of St Giles, Edinburgh, in the customary consistorial place on 9 March 1477 [1478] in the presence of the venerable men John Fleming and Thomas Greenlaw, lords John Bonar, Patrick Lothian, John Lyle, Patrick Redshaw and James Boyle, with various others. Given and extracted from the register of acts of the aforesaid official of Lothian by mandate of Mr William Wawane, chancellor of Ross, and now official of Lothian, by me, Sir George Newton, notary public and scribe of this court, under the seal of the same, and my sign and subscription manual, at Edinburgh, 26 July 1515.