THE HAYS OF YESTER.

1XTE now proceed to give some account of the HAYS of YESTER, 1' ► the family at the head of which stands the present Marquis of Tweeddale. The genealogy of these Hays, however, is involved in even greater doubt and obscurity than that of the Hays of Erroll. We have mentioned that the ordinary peerage books assign them as a founder a ROBERT DE HAYA, whom they identify with the second son of William de Hay-a, the Ring's Butler to Malcolm W. and William the Lion. From him they deduce a regular succession from father to son for four generations—Sir William, Sir John, Sir William, and Sir Gilbert, the last-named living in the days of Edward I. and the Bruce. On the other hand, Father Richard Augustin Hay, Prior of St. Pieremont, a member of the family who lived at the close of the seventeenth and beginning of the eighteenth centuries, compiled a " Genealogie of the Hayes of Tweeddale," which is wholly at variance with the foregoing in several places, and particularly in the names covering the period down to Sir Gilbert. He begins with rejecting as " certainly fabulous in all its circumstances" the story we have already told concerning the ploughman who founded the Hay family, the true name of which he asserts to be De la Haye or La Haya, and considers a Norman origin of the family as much more probable. He proceeds to notice several members of the Norman Hayes mentioned both in Norman and English records, and infers that the Hays came from England into Scotland "about the times of Malcolm IV. or King William, who resorted frequently into England upon the accompt of private and publick affairs, and possessed there the county of Hunting- ton," and he adds, "that he has observed by many old charters which he has perused that the most part of our [the Scottish] ancient families have their rise and beginning under those Kings, and are found donators or witnesses to the monasteries of England a little before the reign of these two Kings, which proves invincibly that such surnames in Scotland as have settled in succeeding ages were originally established in England, and from thence brought to Scotland." Father Hay (who writes with a considerable sense of humour) then goes on to relate how " a worthy friend of his, named Master Joachim Frederick Van Bassen, who made use of of a MS. history of Bishop Tallach's, of which there is a copy in the house of Roasandall, in Norway, sent there by Mr. Gilbert Mowat, Secretarie to Midleton, in compiling his genealogies, fol- lows two idle authors in compiling the pedigree of the House of Tweeddale, and tells us that the country gentleman who recovered the battle of Loncarty against the Danes was one of the Hept- archy, whom he alleges to have been banished into Scotland—with- out any probability. His name, he writes, was Thomas. His eldest son, named Siebald, was the progenitor of the family of Erroll. Of the second son, named Achaius, is descended the House of Yester of Tweeddale." The Father then gives the three next generations in his 41 worthy friend's" genealogy as Kenneth (who married a daughter of the Macduff who killed Macbeth) ; Kenneth II., killed at .Alnwick in 1094, two of whose sons were friars in Dunbar, and two daughters nuns in Hadington ; and Malcolm, the last of whom married Havicia, daughter and heretrix to John de. Mandeville, in Normandie, whose son John succeeded his mother, and married Jacqueline, daughter to Hieronymus de Ferrier. The second son was Thomas, who succeeded his father in Scotland. Malcolm had also by this marriage Rothesia, a nun in the Beck in Normandie. " This genealogie," Father Hays drily remarks, "hitherto is deficient, insomuch as there were no nuns in the Beck, which is a monastery of men ; that the nunnery of Hadington, which owes it beginning to Ada, Countess of Northumberland, was not as yet established ; and as for the friars, there were none at that time, not only in Dunbar, but in the world. Upon which accompt, whilst I was examining this genealogie, I made the two friars, two canons or culdees of Saint Andrew's, being then merrily disposed. How- ever," he 'continues, "Van Bassan gives to Malcolm for successor SIB THOMAS DE IA HAYS, who marries Montfiguett, or corruptly Moffet, heretrix of LOCHARWART, and was called of Lochar- wart,' and is so designated in a charter of Gurday's Land of Barott from Robert Gifford. In this charter, which is dated 1150, this Thomas is styled nobilis vir Thomas Haius de Locharward.' Of this marriage he had Sir William, who succeeded him. Sir William de la Haye of Locharward is witness to a charter of King William of the lands of 'Tiffin to William, son to Hugh Giffard. He married Armagarde, daughter to Sir William .Giffard, Chamberlain of Scotland, by whom he had William," and seven other sons, which latter all went to the Holy Wars with David, Earl of Huntingdon (the hero of Scott's novel of The Talisman), and were there all killed except one, who became a friar in Dunbar. "Sir William lived till about 1190." His son and successor, " Sir William de la Haye," is witness to a charter of King William, and was a hostage for fulfilling the articles with Hugh Giffard and others when King William was set at liberty. -" He married Margaret Drummond, daughter to Malcolm, Senes- chal of Lennox," ancestor of the Perth family, by whom he had, according to Father Hay's genealogy, a son, Sir Patrick, who suc- ceeded him, and was succeeded in his tarn by a son, Sir Patrick, concerning both of whom some details are given, but no charter authority to connect definitely either of them or their immediate predecessor, the second Sir William, with Locharward. At any rate a "Sir Hugh," who succeeds the second Sir Patrick in Father Hay's genealogy, seems to be certainly the same person with Hugh de b. Hay, the companion of Bruce, who was the youngest son of Nicholaus de Haya, of the Erroll line. This prepares us for the first appearance at this point of definite charter authority for the pedigree given in the peerage books. This starts with a Robert de Hays., who witnesses a charter in 1204, but whose connection with Locharward does not seem to rest on charter authority. He is represented as being the second son of Sir William de Haya, Butler to Kings Malcolm IV. and William the Lion, the ancestor of the Hays of Erroll. Whether this Sir William is identical with the first Sir William of Lochar- ward in Father Hay's genealogy, must remain as doubtful as the connection of this Robert with the Locharward line. If Robert was the chief of the Hays of Locharward, then the second Sir William in Father Hay's pedigree must be omitted, unless we identify him with another Sir William de Haya, who succeeds Robert in the peerage pedigree of the House of Yester, and is certainly one of the main line of that family. This last Sir William witnessed a charter of Alexander II. in 1240 as William de Haya, " Miles." Sir John de Haya, who witnessed a charter in July, 1238, is described as the son of Sir William, and as Lord of Locharward. The peerages say that he married Margaret, coheiress of Robert de Lyne, and acquired with her the lands of Locharworth or Locharward, in the county of Edinburgh. But we have seen that there was a Sir Thomas de la Haye at Locharward as early as 1150. The difficulty is not re- moved when we find in a charter executed somewhere be- tween the years 1272 and 1295 another Sir William, Lord of Locharward, son of Sir johnde Haya, Lord of Locharworth, con- firming to the monks of Newbattle the pietary of Locharworth, which Robert de Lindesay, son of David, formerly Lord of Locharworth, and his own father, gave them. How it is that we find Locharward belonging first to the Hays, then to the Lind- says, with some right over it in the Hays, and then again wholly in the Hays, must be left to conjecture, as must also the questions at what time and through what heiress the Hay family first acquired it. The last Sir William we have mentioned witnessed a charter of the Earl of Mar to Sir Nichol as Hay of Erroll about the year 1290. He appeared in the Parliament at Brigham, March 12, 1290, when the marriage between Prince Edward and Princess Margaret was proposed, was one of the witnesses on behalf of Bruce in 1292, swore fealty to Edward I. on the 17th of July in that year, and after acting with the patriots made his submission again to that King in 1297. With his son, Sir Gilbert de Haya of Locharworth, we harmonize at length the two pedigrees, and may now give the following as the result of their comparison:-

1. Sir Thomas de Haya, or De la Haye, of Locharward, in 1150.

2. Sir William (Query, the King's Butler ?) 3. [Sir William, or Robert ?] or were these Sir Williams 4. Sir William. identical ?

5. Sir John.

6. Sir William.

7. Sir Gilbert.

Sir Gilbert de Hays of Locharworth swore fealty to Edward I. on the 12th of July, 1296. But he afterwards joined Robert Bruce, and was with him when he fled to the Highlands after his defeat by Comyn, Earl of Buchan, Bruce's only other com- panion being Malcolm, Earl of Lennox. In 1310 we find the following curious covenant ; — " The Lord Niel Cambell of Lochow, the Lord Alexander Seton of the same, and the Lord Gilbert de la Haya of Locharworth, Knights, touching the Holy Gospels on the altar, promise that they will defend the King against all men, English, French, and Scots." Sir Gilbert married Mary, one of the daughters and coheiresses of Sir Simon Fraser, of Oliver Castle, executed by Edward I. in 1306, and with her ob- tained a considerable estate in the county of Peebles, and quartered the arms of Fraser with his own. lie had charters from King Robert Bruce of the lands of Aunehinfichlach and Aohenns, the forest of Donne, and the lands of Awe in Boyne, with many others, besides a charter from William de Montealto of Kin- blankmonth of the lands of Brechine. His son, Sir Thomas de Hays of Locharworth, had a charter in the same reign of the third part of the lands of Lutheria, which the Earl of Buchan gave to Robert Cumyng. His son, Sir William de Hays, of Locharworth, was made prisoner at the battle of NeviRe's 'Croat, October 17, 1346, was one of the Commissioners to treat for the ransom of King David in 1354, and had a son, Sir Thomas de Haya, who was also a hostage named, in the treaty in that year, and was actually one of the hostages when the treaty for the King's release was concluded, October 3, 1357, his father being then still alive. In a charter of 1360 the Earl of Ross, who calls him his cousin, being sisters' children, infeoffs him in the lands of Kincarachy in Buchan. He was still in the custody of the Sheriff of Northumberland in June, 1363, but obtained leave from Edward III. to go to Rome, May 16, 1369. He had 400 francs as his share of the 40,000 francs sent by the King of France in 1385 to be distributed among the principal Scottish noblemen

and gentlemen. He married:Christian, sister of Cardinal Walter Wardlaw, Bishop of Glasgow, and his son by her, Sir William Hay of Locharworth, had the office of Sheriff of Peebles, and was one of the Commissioners appointed to treat with the English, April 27, 1409. He was a Commissioner for the same purpose,

April 21, 1410, May 23 and September 24, 1411, and April 7, 1413. He married first Johanna, eldest of the four daughters and coheireses of HUGH GIFFORD of YESTER, in Haddingtonabire,

with whom he obtained that barony, and added the arms of Gifford to his own. He founded in 1120 the Collegiate Church of Tester for a provost, six prebendaries, and two singing boys, and died soon afterwards. He married, secondly, Alicia, daughter of Sir Thomas Hay of Erroll, his daughter Alicia (by his first marriage) marrying Gilbert, heir apparent of Sir William Hay of Erroll, and grandson of Sir Thomas Hay, by whom she became mother of the first Earl of Erroll. Edmund de Haya of Tallow, son of Sir William Hay of Locharworth by the second marriage, was ancestor to one of the murderers of Darnley, John

Hay of Tallow, and to the Hays of Cocklaw (one of whom was a Lord of Session in 1806 as Lord Newton), and several other branches

of the Hays. Sir William Hay, the eldest son by the first marriage, died before his father, and the nexton, Sir Thomas Hay, of Tester, succeeded and was served heir to his father in the lands of Eccer- muir in 1422. He was one of the hostages for the ransom of

James L in 1423, when his annual revenue was estimated at 600 marks. He had a safe-conduct to meet that King at Dunbar

on the 13th of December in that year, was one of those thrown into prison by James in 1424 as partizans of the House of Albany, and was one of the substitute-hostages for the same King,

July 16, 1425. He was released on the 24.tb of June, 1432, and

died the same year without issue, being succeeded by his brother, Sir David Hay of Tester, who had a charter of Tester, Moreham, Duncanlaw, and Giffordgate, in exchange for the barony of Feyling, in Forfarshire, from Robert Boyd of Kilmarnock, January 10, 1452. He augmented the revenues of the Collegiate Church of Tester, and lost (October 13, 1466) a suit with his nephew, Sir Wil- liam Hay of Tallow, respecting the occupation of the lands of Moreham, called Boydis, Quarter, and Limplun, against which decision his son John protested. He occurs in the records of Parlia- ment in December, 1475, as "Sir David ye Hay of Tester." He married Lady Mary Douglas, daughter of George, first Earl of Angus by the Princess Mary Stuart, and was succeeded by his son by her, John Hay of Tester, who on the 12th of July, 1470, had a charter of the barony of Oliver Castle, in Peeblesshire, on the resignation of Robert, Lord Fleming, in exchange with his father for his lands in the barony of Biggen. He was created a peer by investiture in Parliament, January 29, 1488, as Lord Hay of Tester, and died in 1509. His first wife was a daughter of John, Lord Lindsay, of Byres ; his second was Elizabeth, daughter and at length sole heiress of George Cun-

ningham, sou of Sir William Cunningham of Belton. He was succeeded by his son by the first marriage, John, second Lord Hay of Tester, who had a charter on the 2nd of February, 1512, of Oliver Castle and Glenrush in Peeblesshire, and Todrig in Selkirk- shire, and another on the 10th of November in the same year of half of the barony of Tester and the whole of Duncanlaw. He fell at Flodden, September 9, 1513. He was succeeded by his eldest son, John, third Lord Hay of Yester, who on the 7th of October,

1509, had a charter of the lands of Hoprew in Peeblesshire. On the 4th of July, 1516, he signed the letter to Henry VIII. refusing to remove the Duke of Albany from the guardianship of King James V. He died in 1543, having married, first a sister of Archibald, sixth Earl of Angus, and secondly, the sole heiress of Dickson of Smiffield, in Peeblesshire, whose son John, succeeding to his father's property, is the ancestor of the present Sir Adam Hay, Baronet, of Haystoun, Peeblesshire. The Hays of 'Tester were so fortunate in acquiring property by marriage, that a son of the first Marquis of Tweeddale, Lord Charles Hay, made the follow- ing lines on this peculiar luck :-

" Aulam alii jaetent ; Mix Domna Yestria nube; Nam pal sors aliis dat Venus alma tibi."

John, Lord Tester's son by his first marriage, succeeded him as fourth Lord Hay of Tester. In 1530 he had lost the sheriffahip, which the King gave to the Lord Fleming, his brother John of Smiffield having let a thief escape out of prison ; but appealing from the King's sentence to the Council, he was restored to the office in 1543. He had a charter on the 18th of October, 1533, of

the lands of Lyne and Wester Hoprew, in Peeblesshire, was taken prisoner by the English at the battle of Pinkie, September 10, 1547, and remained a prisoner in the Tower of London till peace was concluded. His effigy, together with his sons, kneeling before a crucifix, was to be seen in 1648 in the burial-place at Tester. He died in 1557, and was succeeded as fifth Lord by his son William. He was one of the nobility assembled at Stirling on the 15th of May, 1565, to whom Mary announced her intended marriage with Darnley, in which they were all obliged to appear to acquiesce unanimously. He joined Mary and Bothwell at Dunbar after the murder of Darnley in 1567, and was in her army when the capitulation at Carberry Hill took place. He was again one of the earliest to join the Queen's standard after her escape from Lochleven in 1568, and is mentioned as one of her adherents in the year 1570. He died in August, 1576, and was succeeded in his principal property in the counties of Edinburgh, Haddington, and Peebles, by his eldest son, William, sixth Lord Hay of Tester, who was one of the Ruthven Lords, as they were called, who seized and forcibly detained King James VI. in Ruthvem Castle in 1582. When the King recovered his power the next year Lord Tester was obliged to fly to the Low Countries, where he re- mained till 1585, when all the exiles were pardoned, and he was subsequently appointed a Privy Councillor. He had the epithet of " Wood-Sword," why we are not told.