Birth Dateabt 1494
Birth PlaceCumbernauld, Dunbartonshire, Scotland
Death Date10 Sep 1547
Death PlaceMusselburgh, Midlothian, Scotland
Death MemoFell at the Battle of Pinkie-cleugh
FatherLord John FLEMING 2nd Of Fleming , M (~1461-1524)
MotherLady Eupheme DRUMMOND Of Drummond , F (~1478-~1502)
ChildrenWilliam , M
 John , M (~1520-1592)
Notes for UNNAMED
Malcolm, Lord Fleming, had at least two natural sons:

William, mentioned in his father’s testiment, 15 February 1546.

John, who had letters of legitimation of 15 June 1541 …

Source: THE SCOTS PEERAGE, ed. by Sir James Balfour Paul, Vol VIII, Edinburgh, 1906, pp. 541-42.
Notes for Malcolm (Spouse 1)
(1) He [John, Lord Fleming] married, first, before 5 May 1496 Euphame, fifth daughter of David, Lord Drummond. She was poisoned with her two sisters after April 1502.

Issue by first marriage:

1. Malcolm, third Lord

2. Malcolm (secundus), Prior of Whithorn, …
3. James, Page-of-honor to the King …

Source: THE SCOTS PEERAGE, ed. by Sir James Balfour Paul, Vol VIII, Edinburgh, 1906, pp. 535-37.

III. Malcolm, third Lord fleming, born about 1494, was present when his father was murdered by the Tweeedies and was carried off by them to the place of Drumelzier where he was kept in confinement until he promised to conver to them the ward and marriage of Catherine Fraser, heiress of Frude, who had been contracted to his brother Malcolm, and marry her to James Tweedie, younger of Drumelzier. To obtain his liberty, he consented to this, and Malcolm, his brother, Robert Stewart of Minto, and William Fleming of Boghall entered ward in the Castle of Drumelzier as pledges for the fulfilment of the contract.

The feud was, for a time, terminated by an indenture of assythment dated 23 November 1524 between the parties, under which the Laird of Drumelzier and his friends came to the Cross of Peeble in the shirts only and offered their naked swords to the said Lord Fleming, his kin and friends, and engaged to be his servants, and to invest a chaplain to pray in the church of Biggar for the welfare of the soul of John, Lord Fleming.

Further, on 4 March 1530, a decreet arbitral was pronounced by the Lords of Council relative to an agreement made betwixt Lord Fleming and John and James Tweedie, elder and younger of Drumelzier, decerning that John Tweedie should found a chaplainry in the church of Biggar, and give the chaplain £40 yearly stipend from his lands, to pray for the soul of John, Lord Fleming; that James Tweedie younger of Drumelzier and all other persons guilty of the slaughter of Lord Fleming should quit Scotland within three months, and remain abroad for three years during the King’s will. This decreet was confirmed under the Great Seal 22 March 1531-32.

Malcolm was served heir to his father in the lands of Castlerankine and others on 21 February 1524-25,
- had charters from the Crown of the lands of Drumelzier, Hopcastle, and Hallmyre, in the county of Peebles, on 12 August 1525,
- of Clifton in the county of Roxburgh on same date,
- of Drumelzier and others in Peeblesshire, and Eliston in Roxburghshire, to him and Janet Stewart, his wife, on 28 October 1527,
- of Urisland on 26 March 1531,
- of the sheriffship of Tweeddale and Peebles from King James V on 1 December 1531, and
- again on 21 February 1539-40, of the lands of Cardrona on 8 May 1534, 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 charted 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, and
- of the lands of Kingledoors 11 July 1537, on his own resignation, a charter erecting his whole lands into five baronies, viz: 1. Auchtermony and Kerse, 2. Lenzie, 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, on 9 April 1538;
- to him and Janet Stewart, his wife, of Thankertoun, and Bothkenner on 22 April 1539, and of Sunderland, which had been forfeited by William Cockburn of Henderland on 18 June 1541.

He accompanied King James V in his matrimonial expedition to France in August 1537, was made prisoner by the English at the rout of Solway in November 1542, but was released on payment of a ransom of 1000 merks sterling on 1 July 1543.

On 16 January 1545 he founded the collegiate Church of Biggar to the glory and honour of the high and undivided Trinity, the Father, Son, and Holy Gost, and the Virgin Mary, for the safety of the souls of King James V, the Cardinal Legat, 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.

He was, at first, of the English party, relative to the projected match between Queen Mary and Prince Edward, but soon deserted that cause.

He was accused of treason, but Parliament on 11 December 1545 declared him to be innocent of all crimes alleged against him, and a true baron and liege to the Queen. He took part on the Scottish side in the war that thereafter broke out with England, and formed part of the army which invaded that country on 10 August 1545.

He executed his latter will and testament on 15 February 1546-47, and fell at the battle of Pinkie on 10 September 1547, in the fifty-third year of his age.

He married, dispensation dated 26 February 1524-25, 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. Her tocher was 2500 merks.

She survived him, was served heir to her terce as relict 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, and extreme Catholic. She thereafter became mistress of Henry II, King of France, to whom she had a son, Harry de Valois, ‘le Bâtard d’Angoulême,’ returned to Scotland in 1555, resided at Boghall, and died after 1560 and before 1564.

He [Malcolm, 3rd of Fleming] had issue:

1. James, fourth Lord
2. John, fifth Lord
3. Johanna, married, first, John Livingston, son of Alexander, Lord Livingston … secondly … John Sandilands of Calder … thirdly …David Crawford of Kerse.
4. Janet, married to Richard, son …of Andrew Brown of Hartree …
5. Agnes, married … William, sixth Lord Livingston
6. Margaret, married, first, to Robert, Master of Graham … secondly … to Thomas, Master of Erskine … thirdly … to John Stewart, 4th Earl of Atholl …
7. Mary … one of the Queen’s Maries …
8. Elizabeth, … married … william, Lord Sanquhar.

Malcolm, Lord Fleming, had at least two natural sons:

William, mentioned in his father’s testiment, 15 February 1546.

John, who had letters of legitimation of 15 June 1541 …

Source: THE SCOTS PEERAGE, ed. by Sir James Balfour Paul, Vol VIII, Edinburgh, 1906, pp. 537-42.
Last Modified 25 Jan 2016Created 9 Jan 2017 using Reunion for Macintosh