GRANT, Alexander of Grant, Brigadier General ^{1 3}

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  General Notes:

After the establishment of the Regality of Grant the Lairds of Grant were invested as Lords of Regality with full jurisdiction to hold courts, appoint officers, and sits in judgment all criminal and civil matters except lese-majeste and treason:

"In connection with the aquavite of the district a curious case is recorded in the court books of the Regality. In 1703 three women were charged with the crime of conveying aquavite clandestinely to prisoners in ward at Castle Grant, who drank to such excess that they died. So unique and peculiar was the charge that the ablest lawyers in the nation were consulted by the judge, who was on this occasion Brigadier Alexander Grant. He was advised that as the charge could not be made a capital one, and as it could not be construed into poisoning, the ends of justice might be served by the infliction of an arbitrary punishment with banishment upon the confession of the prisoners. The three women were condemned to be taken to the Regality Cross at Grantown and tied thereto, their bodies made bare from the belt upwards, and scourged with cords bythe hangman, each receiving thirty stripes. They were then to be banished from the Regality. At the same sederunt the court adjudged another woman to be similarly scourged and banished, and one of her ears cut off, for haunting with a notorious freebooter called the Halkit Steir, and other outlaws."

"According to another authority, culprits often escaped by securing the favour of the bailie; but if this was not done, or any who were tried before these Courts were under the displeasure of the judge, they were almost certain to be hanged, even if innocent. Brigadier Grant is credited with puttmg an end to this injustice in Strathspey, by hanging eleven of his own clan in one day, and declaring his resolution never to show partiality or compassion to a thief of his own name. In 1704, when the Brigadier went to live at Ballindalloch, it is said 'there were but four honest men in all the parish of Inverawen.'

Over the Grant estates these unjust practices were terminated, about 1738, by Sir Ludovick Grant, and in 1747 such powers of jurisdiction were abolished over the whole country by the Heritable Jurisdictions Act, under which the present system of legal administration by sheriff's was introduced."

from Chiefs of Grant ²

Alexander married Elizabeth STEWART, daughter of James STEWART Lord Doune and Catharine (secunda) TOLLEMACHE, on 3 December 1698.¹ (Elizabeth STEWART was born about 1680 and died on 22 April 1708 ¹.)

  Marriage Notes:

"Elizabeth, married, 3 December 1698 (post-nuptial contract dated 30 September and 29 December 1699), to Alexander Grant of Grant, with a tocher of 5000 sterling, bequeathed to her by the Duchess of Lauderdale, her grandmother. She died 22 April 1708, without surviving issue."

from Scots Peerage (vol 6) ¹

Alexander next married Anne SMITH by 7 April 1709(contract).² (Anne SMITH was born about 1685.)

  Marriage Notes:

"Colonel Grant, however, either did not accompany his regiment abroad, or received leave of absence, as on 7th April 1709 he signed at London a contract of marriage between himself and his second wife, Anne Smith, daughter of John Smith, Esquire, then Chancellor of the Exchequer, and formerly Speaker of the House of Commons. The exact date of the marriage ceremony does not appear, but it was celebrated previous to 31st May 1709 ; for in a letter to his brother-in-law, Hugh Rose of Kilravock, bearing that date, and written from London, the Colonel speaks of his having altered his condition by marriage. From this letter the fact is gleaned that his father had declined to subscribe his marriage contract, apparently until he received an account of how certain 'particular sums' of money had been applied. This proved no small disappointment to Colonel Grant, who protests with some warmth of feeling his ability to satisfy his father when he had his papers before him, and his willingness to pay what he could not account for. He adds with reference to his marriage, 'Now I thank God it is done, for I am very hapily married, and the longer I try it I find it the better, both as to my wife and her relations, for I can swear my own father and mother, were they both alive, could not be fonder of me nor kinder to me than they are. "

from Chiefs of Grant ²