They denied that Lady Jane Douglas was delivered on July 10, 1748, in the house of a Madame La Brune, as stated; and brought forward various circumstances to show that Madame La Brune herself never existed. They asserted that it was impossible that the birth could have taken place at that time, because on the specified date, and for several days precedent and subsequent to the 10th of July, Lady Jane Douglas with her husband and a Mrs. Hewit were staying at the Hotel de Chalons—an inn kept by a Mons. Godefroi, who, with his wife, was ready to prove their residence there. And they not only maintained that dark work had been carried on in Paris by the parties concerned in the affair, but alleged that Sir John Stewart, Lady Jane Douglas, and Mrs. Hewit, had stolen from French parents the children which they afterwards foisted upon the public as real Douglases.
The claimant, and those representing him, on their part, brought forward the depositions of several witnesses that Lady Jane Douglas appeared to them to be with child while at Aix-la-Chapelle and other places, and put in evidence the sworn testimony of Mrs. Hewit, who accompanied the newly-wedded pair to the continent, as to the actual delivery of her ladyship at Paris upon the 10th of July 1748. They also submitted the depositions of independent witnesses as to the recognition of the claimant by Sir John (then Mr.) Stewart and his wife, and produced a variety of letters which had passed between Sir John Stewart, Lady Jane Douglas, Mrs. Hewit, and others as to the birth. They also added to their case four letters, which purported to emanate from Pierre la Marre, whom they represented to have been the accoucheur at the delivery of Lady Jane.
Sir John Stewart, Lady Jane's husband, and the reputed father of the claimant, died in June 1764; but, before his decease, his depositions were taken in the presence of two ministers and of a justice of the peace. He asserted, "as one slipping into eternity, that the defendant (Archibald Stewart) and his deceased twin-brother were both born of the body of Lady Jane Douglas, his lawful spouse, in the year 1748."
The case came before the Court of Session on the 17th of July 1767, when no fewer than fifteen judges took their seats to decide it. During its continuance Mrs. Hewit, who was charged with abetting the fraud, died; but before her death she also, like Sir John Stewart, formally and firmly asserted, with her dying breath, that her evidence in the matter was unprejudiced and true. After a patient hearing seven of the judges voted to "sustain the reasons of reduction," and the other seven to "assoilzie the defender." In other words, the bench was divided in opinion, and the Lord President, who has no vote except as an umpire in such a dilemma, voted for the Hamilton or illegitimacy side, and thus deprived Archibald Douglas, or Stewart, of both the title and the estates.
But a matter of such importance could not, naturally, be allowed to remain in such an unsatisfactory condition. An appeal was made to the House of Lords, and the judgment of the Scottish Court of Session was reversed in 1769. Archibald Douglas was, therefore, declared to be the son of Lady Jane, and the heir to the dukedom of Douglas.
ALEXANDER HUMPHREYS—THE PRETENDED EARL OF STIRLING.
The idea of colonizing Nova Scotia found great favour in the eyes both of James VI. and Charles I., and the former monarch rewarded Sir William Alexander of Menstrie, who actively supported the project, with a charter, dated 12th September 1621, in which he granted to him "All and Whole the territory adjacent to the Gulf of St. Lawrence, thenceforward to be called Nova Scotia;" and constituted him, his heirs and assignees, hereditary Lords-Lieutenant. The powers which were given to these Lords-Lieutenant were little short of regal; but before the charter could be ratified by the Scotch Parliament his Majesty died. In 1625, however, the grant was renewed in the form of a Charter of Novodamus, which was even more liberal than the original document. These deeds were drawn out in the usual form of Scottish conveyances, and were ratified by the Scotch Parliament in 1633.
In accordance with their terms Sir William despatched one of his sons to Canada, where, acting in his father's name, he built forts at the mouth of the St. Lawrence, and acted as a petty king during his stay. Still the project did not flourish: colonists were scarce and shy, and, in order to make colonization more rapid, King James hit upon the expedient of creating Nova-Scotian baronets, and of conferring this distinction upon the leading members of those families who most actively engaged in the work of populating the land. His successor Charles I., who had an equal desire and necessity for money, converted the new order into a source of revenue by granting 16,000 acres of Canadian soil to those who could pay well, by erecting the district thus sold into a barony, and by attaching the honours of a baronet of Nova Scotia thereto. The order was afterwards extended to natives of England and Ireland, provided they became naturalized Scotchmen.