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Major-General Simon Fraser's Entail In 1772 Simon Fraser petitioned the British government for a restoration of the Lovat estates which, together with the Lovat title, had been forfeited to the Crown when his father Simon Lord Lovat was executed for supporting the 1745 Jacobite Rebellion. In the 1715 Jacobite Rebellion, his father, then Simon Fraser of Beaufort, had been on the government side, which had helped him, as the older surviving son of Thomas Fraser of Beaufort (1636-1699), to acquire the lands vested in the name of Æmelia, Baroness Lovat, by her father, Hugh Fraser 9th Lord Lovat (1666-1696). A special Act of Parliament was passed in 1774 which permitted the King to grant to Major-General Simon Fraser of Lovat (1726-1782), in recognition of his military service to the Crown, subject to the payment of £20,983 Sterling; the lands, patronages, and other rights forfeited by the attainder of his father, Simon Lord Lovat (c1668-1747). The Lovat title, however, remained under attainder, and was never conferred upon General Fraser or his younger half-brother, Archibald Campbell Fraser of Lovat (1736-1815). On 25 April 1774, at Inverness, fourteen Latin sasines were granted by Major-General Simon Fraser of Lovat to certain tenants, by which they became tacksmen of different parts of the Lovat estate. The properties described are in the Particular Register of Sasines for Inverness, SRO, RS39/13, ff. 157-174. The sasines [transcribed by Prof. Harry Duckworth] are in favour of the following individuals: Hugh
Fraser of Knockie Esq. Having thus secured the lands and estate, Major-General Simon Fraser of Lovat, by a deed of entail dated 16th May 1774, registered at Edinburgh 18th June and 28th July 1774, had them settled, in default of the heirs male or female of his own body, upon his half-brother, Archibald Campbell Fraser (1736-1815), and failing him and the heirs male of his body, on the following cadet families and the heirs male of their body, in the order stated, namely Inverallochy, Strichen, Struy, Culbokie, Farraline, Foyers, Reelick, Belladrum, Eskadale, Culduthel, Erchitt, Gortuleg, Achnagairn, Provost James Fraser, Inverness, Balnain, Dunballoch, Fanellan, Daltullich, and Torbreck, whom all failing to his own nearest lawful heirs and assigns whatsoever. A sasine
in favour of Major-General Simon Fraser of Lovat, dated at Inverness October 10, 1775 [ff.
250b-158], gives the following line of succession to the Lovat estate: [Ed: According
to the Register of Baptisms, Marriages & Burials for the Parish of Strichen,
Aberdeenshire, Alexander Fraser, younger of Strichen (#11) had a son Alexander born in
1765, followed by Stewart McKenzie (#12) in 1766, Thomas (#13) in 1768 and William (#14)
in 1769.] We can only
speculate on the reasons for excluding the descendants of James Fraser of Ardachy &
Boblanie from succession to the Lovat estate; since James was the younger brother of
Thomas Fraser of Knockie; and his surviving heirs should have come before the Frasers of
Struy. In
the chapter on the Frasers of Ardachy (p. 655) from his History of the Frasers of Lovat (1896), Alexander
Mackenzie (1838-1898) refers to the curious sale and transfer of Ardachy in 1770/71
involving William Fraser of Balnain (1703-1775), Commissioner for General Fraser, although
it is not known how the latter had the legal right to dispose of Ardachy at that time: On
the 7th of September, 1776, General Simon Fraser of Lovat, as the result of family
arrangements following on the litigation already referred to and which had been continued
for more than a generation, conveyed the estate of Ardachy to Captain Charles Fraser of
the H.E.I.C.S., designed by him as heir-male and representative of Ardachy, on his paying
back certain sums of money which had been advanced for the purchase of the lands
from another member of the family. Mackenzie
also refers to the fact that Dunballoch, Fanellan, Daltullich, Phopachy & Torbreck
were not descended from Lovat, but from Drumelzier & Hales; and the strange anomaly
that Foyers and Relig, descended from natural sons, were included in the succession. General Frasers brother had a son who, in
turn, had a natural son who was precluded from the succession. It also raises the question as to whether any heir
male would have had a case to overturn the claim of any heir female of General Fraser, as
his own father had succeeded in doing retroactively through Thomas Fraser of Beaufort
(1636-1699), in respect of the succession of Æmelia, d/o Hugh 9th Lord Lovat (1666-1696). According to
the Lord Lyon King of Arms, in response to an enquiry from Dr D.J.M. Muffet, O.B.E.,
United Kingdom: Even
though he was the eldest surviving son of the 11th Lord Lovat, the General did not
inherit the land from his father, nor did he get back his fathers title. The Arms of Simon Fraser, Lord Lovat, executed on
Tower Hill on 16 April 1747 still remained under attainder and since they had never been
matriculated, they did not properly exist at all. Thomas
Alexander Fraser of Strichen inherited the Lovat land from Archibald Campbell
Fraser, who in his turn had inherited it from his half-brother Simon Fraser, lately the
Master of Lovat (a substantive dignity that was extinguished by
the Attainder) and who became known as General Fraser, to whom the Crown
granted it as some special Act of Grace in view of his military service. Thus,
in 1857, when the Scottish Title was restored to Thomas Alexander Fraser, since the
executed Lovat remained under attainder - so did his property also remain attainted, apart
from what the Crown had seen fit specifically to release, which was the Scottish
title. Strichen Succession General Fraser
had no issue by his wife, who survived him, and when he died in 1782 he was succeeded by
his half-brother, Colonel Archibald Campbell Fraser, who, like him, was long a member of
Parliament for Inverness-shire. He
had the misfortune to outlive his five sons, and on his death, in 1815, the male line of
the Lovat branch of the Fraser family became extinct, and the estates devolved upon Thomas
Alexander Fraser of Strichen, Aberdeenshire (1802-1875), who was descended from Thomas,
second son of Alexander Fraser 4th Lord Lovat (1527-1557). After the death
of Hugh Fraser 5th Lord Lovat on New Years Day 1576, in his 29th year, his younger
brother, Thomas Fraser of Knockie (1548-1612), became tutor-at-law and guardian to
Hughs young son and heir, Simon, who was then only a child.
Somewhat
wild and unruly in his youth, in 1586 Simon ran away from Kings College in Aberdeen
and went to Ireland, where he was entertained by the Earl of Antrim. His uncle, Thomas Fraser of Knockie, prevailed
upon Simon to execute an inhibition in 1587 to the effect that he would do nothing to hurt
the interests of his family or prejudice his heirs, without the consent and advice of his
three curators, one of whom was Sir Alexander Fraser, 8th laird of Philorth (c1537-1623). The
8th lairds uncle, Thomas Fraser of Strichen [3rd s/o Sir Alexander Fraser, 7th of
Philorth], had been attacked and slain by Gordon of Gight on Christmas Eve 1576 over a
dispute of Isobel Forbes rights to the Strichen estate as widow of her first
husband, William Chalmers [held jointly by her and her second husband, Thomas Fraser of
Strichen, by charter obtained in 1573]. Isobel,
now a widow for the second time, to avenge her cause and the death of her second husband,
turned to the Tutor of Lovat, Thomas Fraser of Knockie, then in Stratherrick, who took up
her cause and married the widow. To prevent
future disputes, Knockie purchased the claims of the Chalmers family on his wifes
estate, and then bought the interests of his two step-daughters. He
entered into a contract with Katherine and Violet Fraser, the heirs of his wifes
second marriage, with the consent of their guardian, Sir Alexander Fraser of Philorth,
whereby they were served heirs to their deceased father in the estate and barony of
Strichen and immediately divested themselves of the same in favour of Thomas Fraser of
Knockie and his male heirs, begotten by him and his wife Isobel. Thomas
Fraser of Knockie assumed the designation of Fraser of Knockie and Baron of
Strichen or Fraser of Knockie and Strichen, for which he received a charter under
the Great Seal of James VI in 1591. Knockie was sold in 1727 to Hugh Fraser of Balnain
(1702-1735). On the death of
Archibald Campbell Fraser of Lovat (1736-1815), without legitimate surviving issue, the
remaining Lovat lands passed, by entail, to Thomas Alexander Fraser of Strichen
(1802-1875), only son and heir of Captain Alexander Fraser 9th laird of Strichen
(1765-1803), Aberdeenshire, who had served in the British Army during the campaign in
Holland and was involved in the battle near the town of Gilzean, south of Rotterdam, on 26
August 1794. When
Captain Alexander Fraser in 1800 married Æmelia Leslie [d/o John Leslie of Balquhain, a
prominent RC family], he converted, and their son Thomas was baptized in that faith on
24th June 1802 at Strichen House by the Rev. Mr Jas. Caruthers, Roman Catholick Clergy-man
[Wits: John Leslie Esquire of Balquhain & James Edwards, servant Strichen house]. St
Marys at Eskadale was the first post Reformation Roman Catholic Church built in the
country. According to the Inverness Courier, April 4, 1827: The elegant
new Roman Catholic Chapel built at Wester Eskadale, in Strathglass, by Thomas Alexander
Fraser, Esq., of Lovat, was opened on Sunday last for divine worship.
Thomas Alexander Fraser, 10th laird of Strichen,
later 14th Lord Lovat, is buried at Eskadale, as well as subsequent generations of the
Lovat family. Thomas
Alexander Fraser of Strichen was a year old when his father died and, having been raised
by his mothers family, was only 14 when he first visited the lands of his
predecessor, Thomas Fraser of Knockie, who had married the widow of Thomas Fraser of
Strichen [3rd s/o Alexander Fraser 7th of Philorth] and settled in Aberdeenshire. To provide
further background for the Strichen succession, it may be helpful to chronicle the descent
of the new heir to the Lovat estates from Alexander Fraser 5th laird of Strichen
(c1659-1699). In the History of the Frasers of Lovat (1896, p. 539),
Alexander Mackenzie (1838-98) states: Alexander
Fraser fifth of Strichen married, first, a daughter of Cockburn of Ormiston, without
issue, and secondly, the Hon. Emilia Stewart, second daughter of James Lord Doune, eldest
son and apparent heir of Alexander, sixth Earl of Moray (marriage contract July, 1697),
with issue:
An entry in the
Edinburgh parish register for 1st December 1688 reads as follows: Alexander Frazer of
Strichen & Mrs Elizth Cockburn Eldest lawful Daughter to Sr Archbald Cockburn of
Langtoun. By Warrant of My Lord Bp of Edbgh
~ Mr John Cockburn minister of Ormiston, Mr Robert Muirhead & Elizth Nicolson after
proclaimed by Dr Moore in the H K ye 16th instant. By
Elizabeth Cockburn (c1660-1693), the 5th laird of Strichen, also written as Strachen or
Strechin, had issue: Marion, Thomas, Helena and Hugh.
The Strichen parish register notes the baptisms of Marion July 16th 1689 and
Thomas June 1st 1691, and the Bills of Mortality of Wardlaw, Kirkhill, record the
following entries: Helena daughter to the Laird of Strachin died at Moniack [his house in
Inverness-shire] May 20, 1693 and was buried at Kirkhill. Hugh
young Laird of Strachin died at Moniack July 2, 1693 and was buried at Kirkhill. Elizabeth
Cockburn Lady Strachin died at Moniack July 23, 1693 and was buried at Kirkhill. Alexander
Fraser of Strichen married secondly, in July 1697, Æmelia Stewart, d/o James, Lord Doune
[eldest s/o Alexander, 6th Earl of Moray]. By
Æmilia Stewart (c1670-1711), he had issue, James and Alexander, likely born 1698 and 1699
respectively. Alexander
Frazer Laird of Strechin, sick on Sunday 22 Oct and died Friday at night Nov 3, 1699 at
Moniack, was buried at Kirkhill with his 1st wife, Elizabeth Cockburn. Æmelia
Stewart, widow of Alexander Fraser, 5th laird of Strichen, married secondly about 1701,
John Lindsay, 19th Earl of Crawford (c1675-1713), with issue: John born 1702, William born
1705, and two daughters, Catherine and Mary. Æmelia,
Countess of Crawford, was buried at Holyrood in February 1711 and the Earl died in London
in December 1713. John
Lindsay, 20th Earl of Crawford (1702-1749), in 1747 married Lady Jean Murray [eldest d/o
James, 2nd Duke of Atholl], against the wishes of her father. His
wife having predeceased him, he died without issue, and was succeeded by his cousin once
removed, George Lindsay, who became 21st Earl of Crawford (1729-1781). The son of the
first marriage, Thomas Fraser (b. 1691), settled in Campbelltown and married Margaret
Campbell, d/o Colonel Charles Campbell by his 2nd wife, Elizabeth Bowles. Colonel Charles Campbell, whose first wife was
Lady Sophia Lindsay [d/o Alexander, 1st Earl of Balcarres], was the third son of
Archibald, 9th Earl of Argyll (1629-1685) by Lady Mary Stewart [eldest d/o James, 5th Earl
of Moray], and brother german to Archibald, 10th Earl & 1st Duke of Argyll
(c1658-1703) and John Campbell of Mamore (c1660-1729) who was the father of Primrose
Campbell (1710-1796) who in 1733 married Simon Fraser, 11th Lord Lovat (c1668-1747). It is not known
why his son Thomas by his 1st wife Elizabeth Cockburn, was passed over as the heir of
Alexander Fraser, 5th of Strichen, in favour of his sons James and Alexander by his 2nd
wife Æmelia Stewart. James Fraser, 6th of
Strichen, was presumed to have died unmarried or without issue, before 1725. Alexander
Fraser, 7th of Strichen (c1699-1775) was later known as Lord Strichen, a law lord who
married in 1731 Lady Anne Campbell (c1695-1736), widow of James, 2nd Earl of Bute, and d/o
Archibald Campbell, 10th Earl & 1st Duke of Argyll by Elizabeth Tollemache [d/o
Elizabeth, Countess of Dysart & Duchess of Lauderdale by her first husband Sir Lionel
Tollemache or Talmash]. The Duke and Duchess
of Argyll later separated because he was a notorious philanderer. Also of
interest is the fact that the other daughter of Colonel Charles Campbell, and the sister
of Margaret Campbell who married Thomas Fraser [eldest s/o Alexander Fraser, 5th of
Strichen and half-brother of Lord Strichen] was Charlotte Campbell who married Thomas
Fraser, 6th of Ardachy (1694-1754), Collector of Customs at Campbelltown, who was
descended from James, youngest son of Alexander Fraser, 4th Lord Lovat (1527-1557), and
brother of Thomas Fraser of Knockie, Tutor of Lovat (1548-1612) who acquired the estate of
Strichen by marriage with the widow of Thomas Fraser of Strichen [3rd s/o Sir Alexander
Fraser, 7th of Philorth]. In Some Fraser Pedigrees (1934) covering the chapter
on the Frasers of Ardachy (p. 125), Duncan Warrand refers to Thomas Fraser, then living at
Campbelltown, who was brother to Alexander Fraser of Strichen: This
Thomas Fraser married a sister of the wife of Collector Thomas Fraser, and had two
daughters, Elizabeth, wife of Lieut. W. Fordyce, and Emilia, wife of W. Abernethy. Thomas Fraser, Collector of Customs married
Charlotte, daughter of Colonel the Hon. Charles Campbell (third son of Archibald, ninth
Earl of Argyll), by his second wife, Elizabeth Bowles
- per Thomas Fraser-Campbell, Esquire, Lonsdale, Helensburgh. It would be
interesting to pursue the relationship of Thomas Fraser-Campbell to Thomas Fraser 6th of
Ardachy (1694-1754) who was Collector of Customs at Campbelltown (1737), or his
relationship to Thomas Fraser, the elder half-brother of Alexander Fraser 7th of Strichen
(c1699-1775). Gentlemans Magazine (Oct. 1761, p. 588) records the following marriage: Captain Campbell, to Miss Fraser, niece to Lord Strichen. Robert Campbell and Katherine Fraser were married 13 Sep 1761, and a review of the Army List for 1761 indicates that he was commissioned Captain on 3 June 1756 in the 3rd Regiment, Foot Guards. Captain Robt. Campbell of Finab is listed as a landowner in Dunoon and Kilmun in the 1751 Valuation Roll for the county of Argyll. In research conducted subsequent to publication of this article in Canadian Explorer, the following entries were found in the Edinburgh Marriage Registers (1701-1800): Capt. Robert Campbell of Finab, in S.E. p. & Miss Susan Ereskin,
d/o Mr. Charles E. of Tinwall, Lord Justice Clerk, in N.K. p. - 26 Mar.
1749" Therefore, Katherine can now be identified as another, previously unknown, daughter of Thomas Fraser (b. 1691), elder s/o Alexander Fraser, 5th Strichen (d. Nov. 1699), by his first wife, Elizabeth Cockburn (d. July 1693). From
researching the Canongate Marriage Register (1701-1800), the following additional entry
was found: If Isabella was born after the birth in December 1733 of her brother Alexander Fraser, 8th Strichen (1733-1794) and before the death in October 1736 of Lady Ann Campbell, Lady Strichen, Isabella would have been 50 years of age when her own sons Alexander Mackay & Stewart Ruthven M'Kay were born. No record has yet been found of the birth/baptism of Isabella Fraser, d/o Alexander Fraser, 7th Strichen (c1699-1775) by his wife, Lady Ann Campbell. Another entry
from Gentlemans Magazine (1806, p. 873)
reports: Lieut. W. Ogleby Fraser, R.N., brother to the titular Lord
Lovat, married Miss Preston, Aug 23 1806, at Easingwold. According to the IGI, this entry refers to the
marriage of William Fraser and Ann Preston at Easingwold, Yorkshire, England. While the parish register has not been checked for
further information, the reference to the titular Lord Lovat is intriguing, since neither
Lieut.-General Simon Fraser of Lovat (1726-1782), nor his younger half-brother, Colonel
Archibald Campbell Fraser of Lovat (1736-1815), ever became Lord Lovat. These were
turbulent times and loyalties shifted rapidly in the years between the Jacobite Rebellions
of 1715 and 1745 which divided families and resulted in one of the most tragic periods in
Scottish history. As shown by the Inverness
Kirk-Session, records were sometimes destroyed by fire.
Although some parish records were reconstructed in the aftermath of
Culloden, several of those that have survived are almost illegible or look like they have
been through a flood. Thomas
Alexander Fraser, 10th of Strichen (1802-1875), who became 14th Lord Lovat in 1857, but
for the attainder, was the ancestor from whom is descended Simon Fraser 18th Lord Lovat,
Chief of Clan Fraser of Lovat; and 25th MacShimidh, a designation passed down to
successive male heirs of Sir Simon Fraser (k. 1333). Sir Simon
Fraser (k. 1333) should not be confused with Sir Simon Fraser, the Patriot, who was
captured fighting for Robert the Bruce, and executed by Edward I in 1306. The patriots line ended in two co-heiresses
who married, respectively, Sir Hugh Hay [ancestor of the Earls of Tweeddale], and Sir
Patrick Fleming [ancestor of the Earls of Wigton].
Sir Andrew
Fraser of Touch-Fraser (d. 1297), cousin of the patriot, was the father of Sir Alexander
Fraser of Cowie [ancestor of the Frasers of Philorth, Lords Saltoun]; Sir Simon Fraser
[ancestor of the Frasers of Lovat, Lords Lovat]; Sir Andrew Fraser; and Sir James Fraser
of Frendraught. Sir
Alexander Fraser of Cowie, the Chamberlain, 1319-26, who had married Lady Mary Bruce [the
widowed sister of Robert the Bruce], was killed at the Battle of Dupplin in 1332; and his
three younger brothers were killed at the Battle of Halidon Hill, Berwick in 1333. Naming Patterns There is a
commonly held belief that Alexander has been the traditional Christian name of the male
heirs of the senior line of the Frasers of Philorth, Lords Saltoun; in the same way that
Simon has been with respect to the Highland branch of the Frasers of Lovat, Lords Lovat. In
fact, of those who succeeded as male heirs of Sir Alexander Fraser (k. 1332), 15 were
named Alexander, 4 William and one George. Among
those who succeeded as male heirs of Sir Simon Fraser (k. 1333) and referred to as
MacShimidh [prior to the current Lord Lovat who succeeded his grandfather in 1995], 8 were
named Hugh, 7 Simon, 4 Alexander, 4 Thomas and one Archibald. While
MacShimidh (son of Simon) has traditionally been associated with the Frasers of Lovat, it
is worth noting that Simon has been a relatively recent naming custom among the successive
male heirs of Thomas Fraser 10th of Strichen (1802-1875), who was created Baron Lovat in
the Peerage of the United Kingdom, by patent, 28 Jan 1837, and proved his claim to the
Scottish title in the House of Lords, 11 Aug 1857. In the preface, written in 1879, to The Frasers of Philorth, Lords Saltoun, Alexander Fraser 17th (now 18th) Lord Saltoun (1820-1886), makes the following observation: "The representatives of the respective lines of Philorth and Lovat were nearest of kin to each other in 1464, with the exception of the six sons of the Philorth at that time, and such has been the extinction of male descendants in the various branches of the line of Philorth, that at the present time, with the exception of my own two sons, my two brothers and their four sons, numbering eight persons in all, Lord Lovat (1828-1887) is my nearest legitimate male connection of the Fraser name." With the exception of Lady Saltoun's two first cousins, their sons and grandsons, her own grandson, and the Frasers in Finland, that statement is still true. [ Clan Fraser, A history celebrating over 800 years of the Family in Scotland by Flora Marjory Fraser, 20th (now 21st) Lady Saltoun, published by Scottish Cultural Press, 1997.] That statement can also be applied to Lord Lovat, his brother, his uncles and their sons, and the Moniack Frasers, descended from Thomas Alexander Fraser of Strichen & Lovat (1802-1875), whose ancestor was Thomas Fraser of Knockie, second son of Alexander Fraser 4th Lord Lovat (1527-1557). Therefore, most of the descendants of Lovat cadets still extant likely claim descent from the earlier line of the Frasers of Lovat or from a natural child of these families. It is hoped
that this story will encourage more people to take the time to do their own research, if
only to verify, or question, the reliability of certain information previously recorded by
others.
This Feature
page was posted Jan. 2, 2003; updated May 20, 2003 © Marie Fraser, Clan Fraser Society of Canada, 2007. All rights reserved. Copying, transmitting, or storing protected material by any means is forbidden, except for viewing the material from specifically licensed sources, unless express, specific permission is supplied by the copyright holder.
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