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 184 ATHOLE. XIX. 1-103, i. Robert (Stewart), DBMS ofAujaky, &o, [S,], 3rf to but 2nd surv. s. of Bobcat II [S.]. having been cr. Kahi. ok Fiff. [s.J 1 406. i" 1371, and Di'KK ok Ai.ua nv [S.] 28 April 1 398, was, by charter W 2 Sep. 140 <, er. EARL OF ATHOLE [S.], during the life of King Hubert III [S.], with remainder, should be die in the lifetime "f the said King, to the grantee's second son John Stewart. By the death of the King, -I April l-10t), in the lifetime of the grantee, the dit/uiti/ became extinct at that date. See fuller account under " Albany," Duke of [S.], cr. 1398. XX. 1409, i. "Walter Stewart, Gtli ami yst, s. of Koiiert II, to King of Scotland, being his 2nd s. by his 2nd wife. Kuplieinia, 1437. abovenamed, was nv, sometime after 1300, Eai.'I. or Caithness [S.] on the resignation of his niece Euphemia. Countess Palatine of Stratheru and Countess of Caithness [S.], who w as da. and h. of his elder br. David, the possessor of those dignities. He was afterwards, about 1 10!i, cr. EARL OP ATHOLE [S.] He was Ghbat Justiciary [S.J and on 22 July 1427 was cr. Eaul Palatini- of Sthathf.uN [8.] for life. He m. before 19 Oct. 1378, Margaret, da. and h. of Sir David r>E Barclay, Laird of Brechin, Co. Forfar, by Janet.pj da. of Sir Edward Keith of Synton. By her he acquired the Lordship of Brechin. Though greatly trusted by his nephew James 1 [S.] he long cherished a design to supplant him on the throne, to which, as representative of the second marriage of hU father, he conceived himself to have a better right than the doubtfully legitimate issue of liis father's first wife. Accordingly he and his grandson and h. ap. (as mentioned below) were among the chief contrivers of the murder of James I [S.] 20 Feb. 1-130-7. They were both put to death. The Earl was executed at Edinburgh early in April 1437, w hi n his titles and extensive estates became forfeited. p)Avn>( b ) Stewart, styled Master of Atium.e, 1st s. ami k ap. In 1424 he was one of the hostages for the ransom of James I [S.], and (/. in England, v. |i. J [Sin Rohert Stewart, nty/erf Master of Athole, s. ami h. of the above David, on 29 Jan. 1 429-30 had dispensation to many Margaret OoiLVY. I le joined in the conspiracy of his grandfather and ma executed a few days before him in March 1137.) XXI. 1457? J. Sin John Stewart (who, in right of his wife, was aud of lialveny, CO. Fife}, s. and h. of Sir James Stewart " the Black 1481-2. Knight of Lorn," by Joanna, Qkf.kn liow. of Scotland, was b. about 1440 and was cr. EARL UF ATHOLE [S.] in, or shortly before, MR He had a new charter of this Earldom 18 March 1481-2, to him anil the heirs male of his body, with rem. to the Crown. (<=) He is there described as "frater carnalis " of the iate King James II [S.] He took an active part in suppressing the rebellion of John, Earl of Ross [S.], the last " Lord of the Isles. "("I ( a ) Janet m. secondly Sir Thomas Erskine, by whom she had a s. and b. Robert, who, through her, sue. to the Earldom of Mar |S.]. of which he was deprived in 1457. ('') This David is misprinted as Jama in the Preface to vol. iv of the Exch. Rolls [S.], p. elxi. Etc inform. U. Burnett. ( c ) " Some perplexity has arisen from the fact that while Sir John Stewart is designed Earl of Athole as far back as 1457 {/iotuli Scotite, ii, p. 383) he has never- theless, on 18th March 1481-2, a charter from James III conveying to him, as if for the 6rst time, the Earldom of Athole, and designing him Sir John Stewart of lialveny Utey. May. ,$(</., x, 7). The explanation seems to be that the Queen's dower having been secured on the Earldom of Athole, the alienation of it by the Clown, during Mj lifetime, was a questionable proceeding, and, for the security of Earl John's lights, it became important to have a continuation of it after the death of Mary of Cue-hires. See Preface to vol. vi (p. lxxxv) of " The Exchequer Rolls of Scotland," edited Of 0. Burnett, Lyon King of Arms. ( d ) On this occasion it is reported that his nephew King James III [S.] said to him— "Forth fortune and fill the fetters," the motto assumed by the succeeding Earls of Athole.