HAY, Alexander 10th of Delgaty ^{1 4}

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  General Notes:

"Alexander Hay of Delgaty, the 10th Baron, paid £80 for feudal 'relief' on his succession 12 May 1585 (Exchequer Rolls, 511). In 1594 he naturally joined the 'Popish Earls' of Huntly and Erroll, in the campaign which led to the Battle of Glenlivet. It may have been following this, that the western wall of the ancient tower of Delgaty was knocked down (and later rebuilt in 17th century style). In 1597 he was a, burgess of Aberdeen (Spald. Misc. I. 591)."

from Transactions ¹

Alexander married Elizabeth KEITH, daughter of Sir Robert KEITH 2nd Commendator of Deer, then Lord Altrie and Elizabeth LUNDIE heiress of Benholm, 4 December 1584(contract).^{1 2 3} (Elizabeth KEITH was born about 1568.)

  Marriage Notes:

"On 4 December 1584, Alexander Hay, William Hay of Delgaty, married Elizabeth Keith, eldest daughter of Robert, Commendator of Deer (Great Seal, 4 Feb. 1588/9. No. 1626), afterwards Lord Altrie."

from Transactions ¹

Alexander next married Barbara FORBES, daughter of William FORBES 7th Lord Forbes and Elizabeth KEITH co-heiress of Inverugie.^{1 4} (Barbara FORBES was born 31 January 1560(1561) ^{1 5}.)

  Marriage Notes:

""He (Sir Archibald Douglas) married Barbara, daughter of William, seventh Lord Forbes, relict of Robert Allardyce, younger of that Ilk, and of Alexander Hay of Delgatie."

from Scots Peerage (vol 6)




The relationship between the various parties in these relationships was very tricky:

"Alexander Hay of Delgaty had five children by Barbara Forbes, daughter of William 7th Lord Forbes, who was born 31 Jan. 1560/61 (Scots Peerage, IV. 57)."

On 19 March 1596/97 Alexander Hay of Delgaty granted a Charter of Delgaty in favour of Barbara Forbes, sister of Lord Forbes, and relict of Robert Allardyce, fiar of Allardyce, in liferent, and Alexander Hay, eldest son procreated between them, and the lawful heirs male of his body, whom failing, to William brother-german of the said Alexander (Great Seal, No. 704). The charter does not refer to Barbara Forbes as Alexander's wife, and it describes William as brother-german of Alexander, which would not be legally possible unless a marriage had taken place.

As a matter of fact, during this year 1597, Alexander Hay and Barbara Forbes erected the painted ceiling which shows (1) the arms of Alexander Hay of Delgaty; (2) the arms of Alexander Hay of Delgaty impaling those of Barbara Forbes, thus indicating a marriage. It would appear, however, that at this period Barbara Forbes was the spouse of Archibald Douglas of Balneathill, afterwards of Keillor (Scots Peerage IV., 57; and Forfar Inhibitions, 1598/9). As a matter of fact, the pretended marriage was treated as a piece of adulterous presumption. In 1599, action was raised against the Laird of Delgaty by the Lord Advocate and Elizabeth Keith his spouse (against whom he had Taised a 'fictitious' action for divorce before the Commissaries Acts, and Decs. Vol. 185, p. 35), on this and other grounds, he being indicted as a 'notorious adulterer.'

The first charge was, that he had misconducted himself with three ladies, Elizabeth Clark, Catherine Anderson and Elizabeth Pirie, and that he had bribed his Steward to acknowledge paternity of Clark's child. The Laird's first defence was a novel one. He had, along with his Chief, the Earl of Errol, and Lord Huntly, fought against Argyll, the King's Lieutenant, at the Battle of Glenlivet when the 'Popish Earls' received the benison of James VI. for sending back the crest-fallen Argyll with a mien 'sae like a subject.' For his share in the Glenlivet campaign Delgaty received a remission and general whitewashing, including 'all other crimes except Treason and Witchcraft,' and therefore he claimed exoneration from a charge of adultery. This, however, was disallowed, but on the merits of the case, he was on all three charges assoilzied by the jury.

A fresh charge was then raised concerning the matter of Barbara Forbes, his 'pretended spouse,' but on his journey south, Delgaty was proved on medical evidence to be 'long bedfast and heavily diseasit, in My Lord Sinclair's castle of Ravensheugh upon the Forth.' There, in the sea-girt home of the romantic, albeit, rather mythical 'Rosabelle,' the Baron of Delgaty lay suffering from indigestion, 'a crudity of his stomach with schotts of pain throw his body' (Pitcairn, Criminal Trials, II., pp. 64, 104, 112, 130). What the doctors may have done for this, I cannot say, but before long the issue was fatal, for the Laird of Delgaty died on 5 January 1601, at Edinburgh, where his testament was given up by his 'Right Honll. Ladye, Barbara Forbes Lady Delgatie, his spouse,' 1 Sept. 1601, the list of his possessions including '80 bolls of aittes in the barnyairds of Delgatie'- so the scene of the famous bothy ballad was well-known even in those days. His will constitutes 'Barbara Forbes my weil belovit spous, sister german to ane nobell and potent Lord, John Lord Forbes, tutrix testamentar to Alexander, William, George, Gilbert and John, Hays, my five sons gotten betwixt me and the said Barbara,' and in the event of her remarriage, George Sinclair of Moy (son of the Earl of Caithness) was appointed Tutor (Edinburgh Tests. XXXV.).

Whether Dame Barbara, or Sir William's lady, Dorothy Hay, was 'the mad lady' who in her anxiety burnt the early charters of Delgaty, whereof the charred remains were discovered in the secret turret not many years ago, we shall probably never know, but the romantic laird and lady of Delgaty to whom we owe the gorgeous painted ceiling in the tower, at least secured their sons succession safely under the Crown charter of 1597."

from Transactions ^{1 4}