J A M E S E A R L H A M IL T O N M A R S D E N

MARRIAGE

AND

CHILDREN

Ham ilton was married firstly, c.1490, to Elizabeth Home, daughter of Alexander Home, 2nd Lord Home. The

marriage was dissolved in 1506, when it was found that her first husband Thomas Hay, a son of John Hay,

1st Lord Hay of Yester, was still alive at the time of the wedding. In November 1516 Ham ilton married

Janet Bethune of Easter Wemyss, daughter of Sir David Bethune of Creich, and widow of Sir Robert

Livingstone of Easter Wemyss, who had been killed in the Battle of Flodden Field. In November 1504

Ham ilton had been granted a divorce from Elizabeth Home on the grounds that she had previously been

married to Thomas Hay. Hay had apparently left the country and was thought to be dead when Ham ilton

married Home in or before 1490, but in fact he did not die until 1491 or later. This award of divorce was

repeated in 1510, suggesting that Ham ilton had continued living with her after 1504, and was held by some

to underm ine the dissolution of the first marriage as invalid. It is likely that the real motive for

divorcing Elizabeth was that she had not born any children and that Ham ilton wanted a legitimate heir –

he already had several illegitimate children, his eldest illegitimate son being James Ham ilton of

Finnart. The complicated legal issues of the second marriage would continue to trouble his heir, whose

legitimacy was questioned by his rivals in 1543.