Page:Dictionary of National Biography volume 55.djvu/98

 being referred to Lord Goderich, the secretary of state, Stuart's defence on these counts was deemed conclusive; but, on a ground which had not been raised—the question of the right to take certain fees—his suspension was confirmed on 20 Nov. 1832. Lord Goderich's action was generally condemned. After nearly two years further spent in England in the hope of obtaining justice, and after declining the offer of the chief justiceship of Newfoundland in May 1833, Stuart in 1834 returned to Canada and resumed his practice at Quebec, with a success which was proof of general confidence.

In the political storm which was gathering during the ensuing years Stuart took no part; but Lord Durham, before closing his temporary administration of Lower Canada, on 20 Oct. 1838 appointed him chief justice of Lower Canada, in succession to his old master, Sewell, indicating in his despatch to the home government that any other choice would be an act of injustice. In his new post Stuart at once took an active part in affairs; he was one of Lord Sydenham's chief advisers in framing the act of union, and was made chairman of the special council which preceded the new régime. He prepared the judicature and registry ordinances passed prior to the union act, and subsequently promoted the grant of corporations to Quebec and Montreal, and the institution of municipalities throughout the province. For these services he was created a baronet on 5 May 1841. He had been created D.C.L. by Oxford University on 15 June 1825.

On the union of the two Canadas, Stuart became chief justice of Canada (10 Feb. 1841). He was a profound lawyer, and for the rest of his career he devoted himself to his judicial duties, dying somewhat suddenly at Quebec on 14 July 1853.

Stuart married, on 17 March 1818, Elizabeth, daughter of Alexander Robertson of Montreal, and left three sons, the eldest of whom, Charles James, succeeded to his title, and one daughter.

[Christie's Hist. of Lower Canada, especially v. 366; Morgan's Sketches of Celebrated Canadians; Rogers's Hist. of Canada, i. 254, 326–7; Lodge's Peerage and Baronetage.]  STUART or STEWART, JOHN of Darnley, Seigneur of Aubigny (1365?–1429), son of Alexander Stewart of Darnley (descended from Sir John Stewart of Bonkyl, second son of Alexander, high steward of Scotland), by his wife Janet, daughter and heiress of Sir William Keith of Galston, was born about 1365. In 1386 he was made a knight, and on 4 May 1387 he is mentioned as lord of Castlemilk. He succeeded his father on 5 May 1404. With the Earls of Buchan and Wigton he was appointed to the joint command of a Scottish force sent to the aid of the dauphin of France against the English, and for his distinguished services at their defeat at Beaugé on 21 March 1420–1, he received a grant of the seigneurie of Concreisault in Berry, with one thousand livres of yearly rent. Shortly afterwards he formally entered the service of France, holding command of a body of men-at-arms, for whose maintenance from November 1422 to December 1423 he received a monthly sum of one thousand livres. On 10 April he obtained a grant of the seigneurie of Aubigny in Berry, which was confirmed on 30 July 1425. While at the siege of Crevant in June 1423 he was severely defeated by the English, lost an eye, and was taken prisoner, but obtained not long afterwards his exchange. A little later his men-at-arms were formed into the bodyguard of Charles VII, from whom in January 1426–1427 he obtained the comté of Evreux in Normandy. For victories gained in 1426 and 1427 he also in February 1427–8 obtained the privilege of quartering the royal arms of France with his own. In 1427 he was sent on a special embassy to Scotland, first to obtain additional reinforcements, and secondly to demand the hand of the Princess Margaret for the dauphin. While in Scotland he received on 17 July 1428 from James I a charter re-granting him Tarbolton (, Lennox, ii. 62). On his return to France with reinforcements he was sent to Orleans, then besieged by the English under the Earl of Salisbury, but was killed while attacking a convoy of provisions. He was buried behind the choir in the chapel of Notre Dame Blanche, in the cathedral church, Orleans, in November 1429. By his wife, Elizabeth, daughter of Duncan, earl of Lennox, he had three sons: Sir Alan, who succeeded to the lands of Darnley and Lennox, but was slain by Sir Thomas Boyd in 1439; John, second seigneur of Aubigny and father of Bernard Stuart (1447?–1508) [q. v.]; and Alexander.

[Andrew Stuart's Hist. of the Stewarts; Sir William Fraser's Lennox; and especially Lady Elizabeth Cust's Stuarts of Aubigny.]  STUART, JOHN, third (1713–1792), born in Parliament Square, Edinburgh, on 25 May 1713, was the elder son of James, second earl of Bute, by his wife Lady Anne Campbell, only daughter of Archibald, first duke of Argyll. His paternal grandfather, Sir James, afterwards first earl,