Authors, Scottish -- 18th century -- Biography; Biographers -- Great Britain -- Biography; Boswell, James, 1740-1795
characteristic sentence, the meaning of which can be fully appreciated
only by those who have followed his contributions to magazines and the
press of the day, 'Mr Boswell took care to keep the newspapers and other
publications incessantly warm with various writings, both in prose and
in verse, all tending to touch the heart and rouse the parental and
sympathetic feelings.'
Lady Jane Douglas, sister to Archibald, Duke of Douglas, had been
privately married in 1746 to Colonel Steuart, afterwards Sir John
Steuart of Grandtully. She was then in the forty-ninth year of her age,
and the marriage was not divulged till May 1748 to her brother who had
not been reconciled and had in consequence suspended her allowance. At
Paris, in very humble lodgings, she gave birth to male twins in the
house of a Madame le Brun. The parents in 1749 returned to Scotland
where one of the children died; in 1761 the Duke of Douglas had himself
followed. Three claimants took the field, the Duke of Hamilton as heir
male of line, the Earl of Selkirk as heir of provision under former
deeds, and Archibald Steuart or Douglas. Lady Jane died in 1753, and Sir
John in 1764, both on their death-beds testifying to the legitimacy of
their surviving child. The Duke of Douglas, long prejudiced against this
son's claim by the machinations of the Hamiltons, had revoked the deed
in their favour for a settlement executed in behalf of his sister's son
Archibald. But stories had become rife of that son being the child of a
Nicholas Mignon and Marie Guerin from whom he had been purchased, and an
action to reduce service on a plea of _partus suppositio_ was instituted
by the tutors of the Duke of Hamilton who was then a minor. In France
negociations were conducted, investigations made, and witnesses examined
by Burnet of Monboddo, Gardenstone, Hailes, and Eskgrove, and at last in
July 1767 the Court of Session issued its decision. Lord Dundas, the
President, speaking first, and dwelling on the age of Lady Jane,
childless by a former marriage, the secrecy of the birth, and the
intrinsic valuelessness of death-bed depositions when set against
pecuniary interests and family pride, recorded his vote in favour of the
Hamiltons. Six days were subsequently taken up with the speeches of the
other judges, and Monboddo, speaking last, voted for Douglas. The
verdict was seven on each side, and by the President's vote the case in
Scotland was won by the pursuers. Kames, Monboddo, and Lord Auchinleck,
were in favour of the defender, Douglas.
Public-domain text, read in full here on John Shaqi.
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