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Person Page 365

Margaret Stewart

b. before 1492, d. after 1 May 1528

Birth

Margaret Stewart was born before 1492.1

Parents

Family life

Margaret Stewart and William Cunningham, son of Cuthbert, Earl of Glencairn, entered into a marriage contract on 15 December 1507 This marriage did not take place. Vice-admiral John ("the Ambassador") Fleming, 2nd Lord Fleming, and she were married circa 1508. She was married, but apparently without the sanction of the Church, before 12 March 1509 to John Fleming, 2nd Lord Fleming.
Lanarkshire history - He next espoused, about the year 1508, Margaret, daughter of Matthew, Earl of Levanax, and her he appears to have obtained by an act of forcible abduction (Pit Grim. Trials, I., 66).
But that's not right, because it was not him who raped her, it was John Fleming son of Boghall.2,1,3,4 Vice-admiral John ("the Ambassador") Fleming, 2nd Lord Fleming, and she were divorced on 17 December 1509 in Glasgow. They were divorced by the Archbishop of Glasgow. Grounds for the divorce were that she had been raped by John Fleming, son to Boghall. NO. Grounds were consanguinity. The document says that Lord Fleming raped her; it is not a reference to the rape by John F of Boghall.
The divorce charter - On Monday, the 17th of December, in the year 1509, by the indiction of the 13th pontificate of July 2nd, year 7th, and in the 22nd year of his reign: The most reverend father James of Glasgow, to the archbishopric of Glasgow, by the learned vigor of Louis of Saint Marcellus, cardinal presbyter, lord pope major penitentiary, directed to himself, has dispensated the first of John, lord Fleming, and Margaret Stewart, spouses, formerly knowing themselves to be of the fourth degree of consanguinity and of the fourth degree of affinity in this marriage, and ignorant of any other impediment existing between them, preventing them from being able to be matrimonially joined, having contracted their betrothal by words of future consanguinity, and having afterwards known each other many times carnally, and having afterwards come to the notice of the said archbishop, or his vicar general, and not of the two men of John and Margaret, which pertained to another fourth degree of affinity, by the said archbishopric or his vicar from the innocency, and after such divorce they have several times carnally separated knowing them; and upon the deposition of certain witnesses, it is certified that they will be taken; the same are absolved from the general sentence of excommunication which they have incurred for this reason, the guilt of incest and excommunications of this kind, and are therefore ordered to do penance for their guilt, and such other things as may be ordered by law, which, if they survive, shall perpetually grant to the other of them the hope of marriage; It is also stated that the said woman was raped by the same man, and that, because of the impediments of consanguinity and affinity of this kind, they could contract a new marriage between themselves, and after the contract had been lawfully concluded, she mercifully dispensed, according to the tenor of the said apostolic letters, that she would have borne a child and sufficient to leave the lawful ten months: And none of the said couples, fearing that the said letters would be surreptitious, from the fact that some of them themselves were third and third and fourth, the other one was fourth and a third and a fourth consanguinity and affinity) from the tribe which they were distant from, and that the other was distant third and third and another third, in which there was no mention of any other person, they obtained the first declamations. iiUin from the aforesaid petition, by virtue of which the same archbishop, according to the apostolic declaration, viz., the Clement of the Pope, declared the same to be valid as if the said third degree had been mentioned in the same distance: Matthew Earl of Lennox in the name of the said Margaret, and the same John Fleming in his own name, signed instruments: Acts in the palace of the said archbishop of Glasgow in Glasgow, at 3 o'clock in the afternoon, or thereabouts; witnesses, Masters Martin Rede, chancellor, Adam Culquhoun, canons of Glasgow, lord Alexander Cetoun knight, and Robert Burn.2,5,4

Child with Vice-admiral John ("the Ambassador") Fleming, 2nd Lord Fleming, (b. circa 1465, d. 1 November 1524)

SonJames Fleming, Page of honour to the King (b. circa 1512, d. after 1532)

Property6

Margaret Stewart possessed signed a charter of resignation to her former husband John Lord Fleming her interest in the baronies of Biggar and Thankerton on 26 October 1515 in Biggar and Thankertoun Baronies.3,7

Death

Margaret Stewart died after 1 May 1528.

Citations

  1. [S29] Various, Various, "WikiTree," pedigree, Commons, WikiTree (https://www.wikitree.com/wiki: accessed ), ., online; 9 November 2023; Margaret Stewart (abt. 1492 - 1560) at https://www.wikitree.com/wiki/Stewart-1344
  2. [S28] Sir James Balfour Paul, The Scots Peerage, vol viii, Fleming Earl of Wigtown pages 519 - 558
  3. [S83] George Vere Irving, The upper ward of Lanarkshire described and delineated, vol i, p 315
  4. [S87] Joseph Bain, Rental book of the diocese of Glasgow, vol i, p 452-53
  5. [S87] Joseph Bain, Rental book of the diocese of Glasgow, vol ii, p 311-312
  6. [S58] Edinburgh, National Records of Scotland, "Online Catalogue," National Records of Scotland (https://catalogue.nrscotland.gov.uk/nrsonlinecatalogue: accessed ), ., viewed; 22 September 2025; GD220/6/1961, 12 Mar 1509/1510, Precept under quarter seal of sasine in favour of Margaret Stewart
  7. [S43] Scotland Court of Exchequer, Registrum Magni Sigilli Regum Scotorum, vol iii, ch 50, p. 11, xix. 81
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Last Edited2 April 2025