Malcolm (Fleming) Fleming Third Lord Fleming (1493 - 1547)

Born 12 Jan 1493 in Cumbernauld, Lanarkshire, Scotland

Ancestors

Husband of Janet (Stewart) Stewart Lady Fleming — married 26 Feb 1525 in Biggar, Lanarkshire, Scotland

Descendants

Died 10 Sep 1547 at age 54 in Battle of Pinkie Cleugh, Musselburgh, Midlothian, Scotland

Biography

Sir Malcolm (Fleming) Fleming Third Lord Fleming was Killed in Action during the Rough Wooing at the Battle of Pinkie Cleugh.

Malcolm (Fleming) Fleming Third Lord Fleming is Notable.

Malcolm (Fleming) Fleming Third Lord Fleming was born in Scotland.

Malcolm (Fleming) Fleming Third Lord Fleming is a member of Clan Fleming.

Malcolm Fleming was born c. 1494 to John Fleming, 2nd Lord Fleming^[1] and his first wife Euphame Drummond, fifth daughter of John Drummond, 1st Lord Drummond.^[2]

Murder of his Father

He was with his father, hawking, in 1524, when his father was murdered by John Tweedie of Drumelzier and was imprisoned by him at Drumelzier. In order to obtain his liberty, he had to grant the ward and marriage of Fruid to Tweedie and as a pledge that he would fulfil the agreement which he had made, he put into the custody of the Tweedies, Malcolm Fleming his brother, Robert Stewart of Minto, and William Fleming of Boghall; these being retained for some time at Drummelzier.^[3]

As Lord Superior to Tweedie, he spent much of his early life as Lord Fleming attempting to force various court decisions against Tweedie who continued to hide and avoid penalty. Amongst those found guilty of the murder were: James Tweedy of Drummelzier, John Veitch of Kingside, James Tweedy of Kirkhall, James Tweedie of Kilbucho, Thomas Tweedie of Oliver Castle, James Tweedie of Wrae, David Newton of Mitchelhill, Walter Hunter of Polmood. and William Porteous of Glenkirk. On the 22 October 1528, the Tweedies were declared to be fugitives from the law, and were put to the horn, and their goods forfeited and conferred as a gift, under the Privy Seal, on Malcolm, Lord Fleming. In a hearing by the Privy Council in March 1530, the matter still not fully resolved, James Tweedie, heir-apparent of Drummelzier, and others, was banished from Scotland and England for a period of three years or until such time as the King agreed. The courts required Tweedie to grant to Lord Fleming the land of old extent of Mossfennan, the land of old extent of Smallhopes and the mill thereof and the land called Urisland, in compensation for the loss of Ward of Fruid.^[4]

Heir and Estates

Malcolm Fleming was served heir to his father in the lands of Castlerankine and others on 21 February 1524. He had charters from the Crown of the lands of Drumelzier, Hopcastle, and Hallmyre, in the county of Peebles, and of Clifton in the county of Roxburgh on 12 August 1525 (Drumelzier being the Tweedie lands mentioned above).^[5] He first appears as Lord Fleming in an indenture of 7 March 1524.^[6]

In 1526, 21 November, there is a Charter of Confirmation and new erection of the two burghs of barony of Biggar and Kirkintilloch by King James V. under the Great Seal.^[7]

In 1527, 28 October, by re-grant, he, and Janet Stewart his wife, received Drumelzier and others in Peeblesshire, and Eliston in Roxburghshire.

In 1531, 26 March, he received the lands of Urisland and on 1 December he was appointed sheriff of Tweeddale and Peebles by King James V.

In 1534, 8 May, he received the lands of Cardrona which had been apprised from William Govan, of Rachan and Glencotho on charter from John Dickson of Ormiston 1 July 1534, of Covintoun on 2 November 1534, confirming charter by John Lindsay, dated 22 October 1534, of Kilbotho on 26 September 1535, confirming charter by James, Earl of Morton, dated 22 July 1535, of an annualrent from the lands of Kerse of 50 pounds, and of the lands of Kingledoors 11 July 1537.

In 1538, 9 April, he resigned his lands and he recived a Crown Charter to himself and his wife, Janet Stewart, of all his lands erected into five baronies: (1) Auchtermony and Kerse, (2) Lenzie, including the burgh of Kirkintilloch and Cumbernauld, (3) Boghall, (4) Thankertoun and Biggar, and (5) Mosfennan, including Over Menzean, Oliver Castle, Lour, Dunbullis, and Fresullis lands.^[8]

To these were added Thankertoun and Bothkennar on 22 April 1539, and of Sunderland, which had been forfeited by William Cockburn of Henderland on 18 June 1541.

Service to the Crown

He accompanied King James V. in his matrimonial expedition to France in August 1537.

In November 1542 he was at the Battle of Solway Moss where was captured. After the death of James V., Henry VIII sought support of the Scottish prisoners in his endeavours to marry Prince Edward, his son and heir, to the infant Queen Mary. Seven of the prisoners signed a bond of release to help effect this marriage.^[9] These were the Earl of Cassilis, Earl of Glencairn, Lord Fleming, Lord Sommerville, Lord Gray, Lord Maxwell, and Lord Oliphant, He gave his eldest son James as hostage ^[10] and was released on payment of a ransom of 1000 merks sterling on 1 July 1543.^[8]

He was a regular attendee at the Parliaments of Queen Mary representing the Lords.^[11]

In the Parliament which met at Edinburgh on the 12th March 1543, he defended the proposal of a marriage between Mary of Scotland and Prince Edward of England, as likely to put an end to the feuds and wars that so often prevailed between the two kingdoms. He was in opposition to Cardinal Beaton who was appointed, along with Lords Erskine, Livingstone, and Ruthven, a guardian of the young Queen, who, at that time, was kept in Stirling Castle. He remained in support of this marriage until shortly before August 1543 declaring support for Beaton. He broke off all connexion with the English party, paid the 1000 merks for his ransom, and became one of the most zealous and devoted partisans of the Queen Dowager, Cardinal Beaton, and their confederates, all Roman Catholics and supporters of the continued alliance with France against England.

The consequence of this, and the declaration in Parliament, was war with England. Henry VIII., in December 1543, sent an army into Scotland and started what became known as the "Rough Wooing". Hunter suggests that Lord Fleming was engaged in a number of battles of the period.^[12] He was amongst the 7000 or so at Dunbar on the 29th November 1544, and marched on Coldingham, the attack was ineffective and the Scots withdrew.

With his new found zeal as a Roman Catholic he, on 16 January 1545, founded the Collegiate Church of Biggar to the glory and honour of "the high and undivided Trinity, the Father, Son, and Holy Ghost, and the Virgin Mary, for the safety of the souls of King James V., the Cardinal Legate, and his own soul, and Joan Stewart his wife, sister to the King, with an endowment for a provost, eight prebendaries, four singing boys, and six poor men."^[13] Construction started in 1545 and he placed his illegitimate son, John, as Provost.

He was accused of treason, but Parliament on 3 October 1545 declared him to be innocent of all crimes alleged against him, and a true baron and liege to the Queen.^[14]

He was part of the Scottish Army that invaded England in August 1545 where he, with his retainers, formed a portion of the rear division of this army.

In 1546 he was appointed to the rotation on the Privy Council.^[15]

In 1546, 11 June, he gave his permission to relax the ban on James Tweedy of Drumelzier, provided Tweedie appear. His son, William Tweedy, promised to cause his father to answer to the summons.^[16]

His last appearance in Parliament was at Edinburgh, 18 March 1547, where he was reappointed to the Privy council for the fourth month (20 June - 20 July), along with Patrick Hepburn, bishop of Moray, Patrick Hepburn, Earl of Bothwell Gilbert Kennedy, Earl of Cassilis.

Family

Malcolm married Janet Stewart, illegitimate daughter of King James IV of Scotland, after being granted a dispensation on 26 February 1524/5. He died on 10 September 1547, aged 53, being slain at the Battle of Pinkie. His will included £50 owed to him by Mary of Guise, and in it he wished to be buried in his new church and his father's remains to be taken there from Boghall. Cumbernauld Castle went to his eldest son, James Fleming. His wife was to have Boghall excepting its artillery.

He married, dispensation dated 26 February 1525, they being within the third degree of consanguinity, (contract dated 27 January same year), Janet Stewart, natural daughter of King James IV. by Isabel Stewart, Countess of Bothwell, daughter of James, third Earl of Buchan. There is some variance with dates included in source material although it does not appear significant for genealogists. The relevant Charter in the Wigtown Charter Chest^[17] suggests that Pope Clement VII. provided the dispensation in 1523 (stated to have been his first year of office, thus after November).

Janet survived him, was served heir to her terce as widow on 2 November 1547, went to France in 1548 in charge of the child Queen, whose education she superintended, but was superseded by Madam Parois, an extreme Catholic. She thereafter became mistress of Henry II., King of France, to whom she had a son, Harry de Valois, "le Batard d'Angouleme", she returned to Scotland in 1555, resided at Boghall, and died after 1560 and before 1564.

They had a number of children.^[18] William Hunter suggests two sons and five daughters with a number of illegitimate children.^[19] Of the list of legitimate children provided in Balfour Paul it is not possible that the one named as Janet and married Richard Brown was legitimate. She was married prior to or in September 1536 and, although likely to have been young, must reasonable been older than 10. She has been included amongst his illegitimate children.

• James Fleming; likely born c. 1526. He will become 4th Lord Fleming.

• John Fleming, likely born c. 1528. He will become 5th Lord Fleming.

• Johanna Fleming. This lady is stated as Janet in Balfour Paul Vol 5^[20] and Johanna in Balfour Paul Vol 8.^[18] As Lord Fleming had another daughter Janet, stated to have married Richard Brown, of Brown of Hartree, wikitree will use the name of Johanna. She married, first, to John Livingston, son and heir of Alexander Livingston, 5th Lord Livingston. John Livingston was killed with her father at Pinkie Cleugh and she married secondly (contract 24 May 1560), John Sandilands of Calder; and, thirdly, before November 1567, to David Crawford of Kerse.

• Margaret Fleming, she married, first, to Robert Graham, Master of Graham, who was also killed at Pinkie Cleugh, 10 September 1547; secondly (contract 30 January 1549), to Thomas Erskine, Master of Erskine, without issue. She had a charter in her viduity (widowhood) in liferent from John Cunningham of Drumquhassell on 1 March 1549 in implement of her marriage-contract with Thomas, Master of Erskine; and, thirdly (contract 1 April 1557), to John Stewart, fourth Earl of Atholl, Lord Chancellor. They had a charter of the lands of Inglassey. She is said to have possessed powers of incantation, and at the birth of James VI. cast the pains of labour from the Queen on the Lady Rires. She was dead before 15 March 1587.

• Elizabeth Fleming, she married, before 24 March 1541, to William Crichton, Lord Sanquhar.

• Agnes Fleming, she married, about 1553, [Livingston-180|William Livingston]], sixth Lord Livingston and brother to John Livingston that married her sister Johanna. They had a charter, on 1 October 1553, of the lands of Castletown and Balmalloch. She is said to have been buried at Falkirk, and two recumbent stone figures near the family tomb are said to represent her and her husband.

• Mary Fleming, born 1542, the year Lord Fleming was taken prisoner at Solway Moss. As she was one of the Queen's Maries her genealogy is well documented and she was known to be the youngest of his children to Janet Stewart. She was appointed to the Queen when four and was only slightly older than her. While the youngest of the "Maries", she was the most senior due to her Royal bloodline. She went to France in July 1548 with Queen Mary and returned with the Queen to Scotland. She was married, at Stirling on 6 January 1568, to William Maitland of Lethington, the Queen's secretary, about 15 years older than her, who committed suicide, to avoid being punished for treason, about June 1573. As relict of William Maitland she was charged by the Privy Council on 20 June 1573 to deliver up a chain of rubies with twelve marks of diamonds and rubies and a mark of two rubies which had belonged to Queen Mary, to the Regent for the King. She married, secondly, George Meldrum of Fyvie.

Malcolm Fleming had at least two other sons and one daughter, mothers unknown:

• William Fleming, who is mentioned in his father's testament 15 February 1546 but not later. It might also be presumed he was killed at Pinkie Cleugh, 10 September 1547.

• John Fleming, who had letters of legitimation, 15 June 1541, and was absolved by the Justice Deputes with James Fleming, Lord Fleming, and others for wounding William Crichton and killing John Davidson, servant to John Crichton, tutor of Sanquhar, 3 February 1543. He had a charter of the lands of Brackenleys from his father 29 September 1541. He is initially designed as of Biggar, and afterwards, in right of his wife, of Carwood. He died 22 August 1592. He married Janet Carwood, coheiress of Carwood with Margaret, her sister, Queen Mary's favourite attendant, and had three sons: William, presented to the Provostship of the Collegiate Church of Biggar by John Fleming, Lord Fleming shortly after its founding, 1 January 1573; James and John.

• Janet Fleming, likely born c. 1520, she married to Richard Brown, son and heir-apparent of Andrew Brown of Hartree. He had a precept of sasine from his father-in-law, Lord Fleming, of the 5 pound lands of East Hartree on 23 September 1536.

Death at the Battle of Pinkie Cleugh

He executed his last will and testament on 15 February 1547, and was killed, along with many of his retainers from Biggar and Cumbernauld, at the battle of Pinkie Cleugh on 10 September 1547, in the fifty-third year of his age.^[8] His body conveyed to Biggar, where he, according to his own directions, was interred in the church which he had founded and partly built.

A copy of his will exists in Spalding Club Miscellany.^[21] In it he, stated as Malcolm, Lord Fleming, names his wife as executrix, as long as she remains unmarried, and mentions; James, "my eldest son", John, "my youngest son", John Fleming, "young laird of Boghall", Robert Kincaid in Auchinreoch. Malcolm Fleming, Prior of Whithorn, Alexander Livingston, Lord Livingston were appointed as "oversmen". He states that "my bairns are young" and that the "oversmen" are to take no action with the Executrix approval. His inventory is certainly worth a read if interested in Scottish feudal history; it came to over 5000 pounds and includes the Queen amongst his debtors. He allowed his wife to remain at Boghall while his son, James, was to take possession of Cumbernauld. Other children mentioned were provided with monetary grants; John, my second son, Agnes and Mary, daughters. He provides William, an illegitimate son, with some part of Hopkelze and provided him right of marriage to Jean Lindsay of Stirkfield or the profits thereof. He mentions John and William as "bastard sons" and mentions a marriage to Katherine Murray (of Fallowfield).

Battle of Pinkie Cleugh

Research Notes

• The Peerage: Malcolm Fleming

Sources

1. ↑ Paul, James Balfour. "The Scots Peerage : founded on Wood's ed. of Sir Robert Douglas's Peerage of Scotland; containing an historical and genealogical account of the nobility of that kingdom", Edinburgh: David Douglas, 1911, Vol. VIII, Archive.org, p. 535
2. ↑ Paul, James Balfour. "The Scots Peerage : founded on Wood's ed. of Sir Robert Douglas's Peerage of Scotland; containing an historical and genealogical account of the nobility of that kingdom", Edinburgh: David Douglas, 1910, Vol. VII, Archive,.org, p. 45
3. ↑ Hunter, William, "Biggar and the House of Fleming, An Account of the Biggar District, Archaeological, Historical, and Biographical", Edinburgh: William Paterson, 1867, Ed. 2, Archive.org, p. 503
4. ↑ Hunter, William, "Biggar and the House of Fleming, An Account of the Biggar District, Archaeological, Historical, and Biographical", Edinburgh: William Paterson, 1867, Ed. 2, Archive.org, p. 507
5. ↑ Paul, James Balfour. "The Scots Peerage : founded on Wood's ed. of Sir Robert Douglas's Peerage of Scotland; containing an historical and genealogical account of the nobility of that kingdom", Edinburgh: David Douglas, 1911, Vol. VIII, Archive.org, p. 538
6. ↑ Grant, Francis James, "Charter Chest of the Earldom of Wigtown", Edinburgh: James Skinner & Co., 1910, FamilySearch, p. 12, charter 65
7. ↑ Grant, Francis James, "Charter Chest of the Earldom of Wigtown", Edinburgh: James Skinner & Co., 1910, FamilySearch, p. 12, charter 72
8. ↑ ^{8.0 8.1 8.2} Paul, James Balfour. "The Scots Peerage : founded on Wood's ed. of Sir Robert Douglas's Peerage of Scotland; containing an historical and genealogical account of the nobility of that kingdom", Edinburgh: David Douglas, 1911, Vol. VIII, Archive.org, p. 539
9. ↑ Hunter, William, "Biggar and the House of Fleming, An Account of the Biggar District, Archaeological, Historical, and Biographical", Edinburgh: William Paterson, 1867, Ed. 2, Archive.org, p. 512
10. ↑ Hunter, William, "Biggar and the House of Fleming, An Account of the Biggar District, Archaeological, Historical, and Biographical", Edinburgh: William Paterson, 1867, Ed. 2, Archive.org, p. 513
11. ↑ The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2015), 1543/3/5.
12. ↑ Hunter, William, "Biggar and the House of Fleming, An Account of the Biggar District, Archaeological, Historical, and Biographical", Edinburgh: William Paterson, 1867, Ed. 2, Archive.org, p. 514
13. ↑ Hunter, William, "Biggar and the House of Fleming, An Account of the Biggar District, Archaeological, Historical, and Biographical", Edinburgh: William Paterson, 1867, Ed. 2, Archive.org, p. 515
14. ↑ The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2015), 1545/9/28/31
15. ↑ The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2015), A1546/6/3
16. ↑ The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2015), A1546/6/13
17. ↑ Grant, Francis James, "Charter Chest of the Earldom of Wigtown", Edinburgh: James Skinner & Co., 1910, FamilySearch, p. 12, charter 70
18. ↑ ^{18.0 18.1} Paul, James Balfour. "The Scots Peerage : founded on Wood's ed. of Sir Robert Douglas's Peerage of Scotland; containing an historical and genealogical account of the nobility of that kingdom", Edinburgh: David Douglas, 1911, Vol. VIII, Archive.org, p. 540
19. ↑ Hunter, William, "Biggar and the House of Fleming, An Account of the Biggar District, Archaeological, Historical, and Biographical", Edinburgh: William Paterson, 1867, Ed. 2, Archive.org, p. 516
20. ↑ Paul, James Balfour. "The Scots Peerage : founded on Wood's ed. of Sir Robert Douglas's Peerage of Scotland; containing an historical and genealogical account of the nobility of that kingdom", Edinburgh: David Douglas, 1908, Vol. V, Archive.org, p. 436
21. ↑ Spalding Club, "The Miscellany of the Spalding Club", Aberdeen: private , 1852, Vol. V, Hathitrust, p. 308

See also:

• Wikipedia: Malcolm_Fleming,_3rd_Lord_Fleming

• Wikidata: Item Q1886996

• Wikipedia:Cumbernauld_Castle

• Wikipedia:Battle_of_Pinkie_Cleugh