ATHOLL COMPLETE PEERAGE 307 Warden of Northumberland, 1322, and commander of the English troops in Gascony, 1325. He m. Joan, sister and coh. of John Comyn, of Badenoch (who fell at Bannockburn 24 June 13 14), da. of John Comyn, of Badenoch (stabbed by Bruce 10 Feb. 1305/6), by Joan, da. of William de Valence, Earl of Pembroke. She d. between 8 June and 24 July 1326. ("). He d. 28 Dec. 1326. XII. 1326. 1 1. David (of Strathbogie), Earl OF Atholl [S.]() and Lord Strathbogie [E.], s. and h. He was b. i Feb. 1308/9, at Newcastle-on-Tyne, and bap. at St. Nicholas's Church there. He had livery of some of his lands, though under age, 28 July 1327, (°) and had complete livery 6 May 1330, " though he had not proved his age before the King as is customary." ('*) He was sum. to Pari. [E.] 25 Jan. (1329/30) 4 Edw. Ill, to 24 July (1334) 8 Edw. Ill, the writs being directed "David de Strabolgi comili ^t/iol'." In 1332 he accompanied Balliol into Scotland, and was at the victory over the Scots, 1 2 Aug., at Dupplin, after which he was restored by Balliol to his title [S.] and estates. He, however, rebelled in 1334, but was pardoned at the treaty of peace, 18 Aug. 1335. He m. Catharine, da. of Henry (de Beaumont), Earl of Buchan [S.], by Alice, ist da. and h. of line of John (Comyn), 4th Earl however, be considered as having been sum. as Barons, though by the appellation of a Scotch Earldom. Edward de Baliol, King of Scotland, was sum. in 1348 as an English Baron, though the writ was addressed Magnifico Principi Regi Scotia ; Henry, Lord Bourchier, was also sum. by his Norman title of Earl of Ewe (1435), 13 Hen. VI. " [Courthope, p. 34). See also ante, p. 147 of this work, note "e" to the case of " Angus. " V.G. (") Three inquisitions state her age. (i) " Adomarus Comyn. " Writ of diem cl. ext. 25 Oct. ID Edw. II. Inq., Northumberland, 15 Nov. 1316. "Johanna uxor David Comitis Adtholie et Elizabetha soror predicte Johanne sorores Johannis Comyn patris predict! Adomari Comyn sunt amite et propinquiores heredes predict! Adomari. Et predicta Johanna est etatis viginti et quatuor annorum. Et Elizabetha est etatis sexdecim annorum. " (2) " Johannes Comyn de Badenoch. " Writ — May 19 Edw. II. Inq., same co., 8 June 1326. "Johanna Comitissa AthoUie est de etate xxx annorum x die Maii ultimo preterito. (3) Idem. Writ 9 July 20 Edw. II. Inq., same co., 24 July 1326. " dicta Johanna quondam Comitissa AthoUie die obitus dicti Johannis Comyn fratris sui videlicet die lune in festo Nativitatis Sancti Johannis Baptiste anno r. r. E. nunc viij [«V] fuit de etate xviij annorum et supervixit post mortem dicti Johannis fratris sui per xj annos et amplius." (Ch./ny./i.OT.,Edw.II, file 53, no. 10, file 97, no. 86). Bain, Cal. Doc. Scot., vol. iii, preface, p. Ixvii, argues from nos. 2 and 3 that Joan was thus under 1 2 at the birth of her son [ i Feb. 1308/9], "a fact scarcely credible." It will be seen that the earlier inquisition makes her some 4 years older. The truth is that inquisitions cannot be treated as arithmetically exact, least of all when they disagree, or lead to an absurdity, (ex inform. G.W.Watson). V.G. C") As in the somewhat similar case of Angus, the real fact appears to have been that the Earldom was a Scottish Dignity and wns forfeited, according to the view of the Scottish King ; but was extant according to the view of the King of England. (>•) Clos^Roll. n Patent Roll.
