The peerage of Scotland: containing an historical and genealogical account of the nobility of that kingdom, ... collected from the public records, and ancient chartularies of this nation, ... Illustrated with copper-plates. By Robert Douglas, Esq;.

HAY Earl of ERROL.

THE grandeur and antiquity of the great and illustrious name of HAY being suf∣ficiently set forth, and attested both by anci∣ent and modern historians, we shall only hint briefly at the traditional account of their ori∣gin, as it is handed down to us by many emi∣nent authors.

In the reign of king Kenneth III. the Danes having invaded Scotland, about the year 980, with a great and numerous army, were op∣posed by king Kenneth, who gave them battle near Loncartie, in Perthshire, where the Scots were worsted and fled.

In their flight through a narrow pass, they were met by a brave Scotsman, and his two sons, who were labouring their ground near by; they stopt them, encouraged them to rally, telling them it was better and more honourable to die in the field, fighting for their king and their country, than to fly, and afterwards be killed by the merciless Danes: by thus upbraiding their cowardice, they were prevailed upon to stop.

There were many gallant men amongst them, who fled more from the desertion of their com∣panions, than want of courage They join∣ed the brave old man and his sons, stopt all the flyers, and soon got a considerable body of men together.

The father and his sons having only such arms as their ploughs furnished them with, led back their countrymen, who returned to the charge. They renewed the fight, fell upon the Danes, and made a most furious on∣set, crying aloud, Help is at hand. The Danes believing that a f••esh army had fallen on them, soon gave way, whereby the Scots obtained a compleat victory, and effectually freed their country from servitude.

The battle being over, the old man (after∣wards known by the name of Hay,) was brought to the king, who gave him and his sons, as a just reward of their valour and me∣rit, so much land on the side of the river Tay, in the Carse of Gowrie, as a falcon, set off a man's hand, should fly over before she settled. She flew over about six miles of ground in length, which was afterwards cal∣led Errol, and has been the possession and chief title of the Hays their successors ever since.

The king further promoted them to the order of the nobility, and assigned them a coat of arms, viz. argent, three se••tcheons, gules, to intimate that the father and the two sons had been the three fortunate shields of Scotland.

Thus all ancient Scotch authors: But

It appears from many histories, that there were families of the name of Hay, both in Italy and France, even before the aera of the battle of Loncarty. The late countess of Er∣rol, as head or chief of the Hays in Scotland, had some time ago a most elegant letter from the learned—Hay, archbishop of Marnis, wherein he mentions the above account of the battle of Loncarty, as a piece of history contained in the memoirs of the Hays in I∣taly; but says, that the first of the Hays in Scotland and Italy came both from Armenia.

There are some other probable accounts of the origin of this noble family, with which we shall not trouble our readers here, but re∣fer to title, marquis of Tweeddale.

In the genealogical account of the family of Errol, it is said, that the name of the brave old man, at the battle of Loncarty, was Tho∣mas, afterwards sirnamed Hay; that the name of his eldest son was Sereld Hay; and the name of his second Achaius. These are said to be the first of the name of Hay in Scotland, and the ancestors of the Hays of Errol; but as we have no authentic documents for the next three or four generations, we shall begin to deduce the descent of this noble family from certain authority, viz, original charters, and our public records.

I. WILLIAM de la HAYA, said to be li∣neally descended of the first Thomas, lived in the reign of king David I. who succeeded to the crown anno 1124, and died in 1153.

This William was a great man at the court of king Malcolm IV.* 1.1 and is witness in many of his royal deeds, by the title of pincerna domini regis.

In king Malcolm's original charter to the abbacy of Scoon,* 1.2 Willielmus de Haya, An∣drew bishop of Caithness, &c. are witnesses. The charter is without date, but granted inter 1153 et 1165, in which last year king Mal∣colm died.

He is witness also to an order or prohibiti∣on of the same prince,* 1.3 that no person what∣soever shall molest or distress the abbot of Scoon, &c. ante 1165.

He married Julia or Juliana, sister of Ra∣nulphus de Soulis,* 1.4 one of the most consider∣able families in Scotland at that time, by whom he had a son,

II. WILLIAM de HAYA, who succeeded him, and made no less a figure at the court

of king William than his father had done at that of king Malcolm.

He was a witness to that convention be∣twixt king Henry of England and king Wil∣liam of Scotland,* 1.5 when the latter obtained his liberty, anno 1174.

He appears to have had large possessions in Perthshire, by the considerable donations made to the religious by him and his sons.

He gave a grant of some lands to the con∣vent of Cupar, which is confirmed by king William,* 1.6 viz. Willielmus de Haya dedisse, &c. de terris de Edinpolis, Deo et sanctae Mariae, &c. pro salute animae Malcolmi regis, Ranul∣phi de Soulis, avunculi sui, &c.

This charter is also without date, but as comes Duncanus justiciarius is a witness, it must have been betwixt the years 1175 and 1180.

He obtained from the said king William a charter de terris de Herrol,* 1.7 per suas rectas divisas, et cum omnibus justis pertinentiis, pro servitio duorum militum, with all the privi∣leges competent to a barony; and as Hugo bishop of St. Andrews is a witness, it must have been betwixt 1178 and 1188, in which last year the bishop died.

He married Eva,* 1.8 daughter of Alan, hosti∣arius domini regis, by whom he had issue six sons.

1. David, his heir.

2. William de Haya, who made a dona∣tion to the convent of Cupar, pro salute ani∣mae suae, et Adae uxoris suae, necnon pro salute animae Willielmi de Haya patris, et Evae ma∣tris suae,* 1.9 &c. of all the lands he had in the Carse, which he had got a domino Davide de Haya fratre suo, pro homagio et servitio, &c.

3. John, who was designed Johannes de Haya de Ardnaughton, in a donation he made Deo et sanctae Mariae, &c. de Cupro, of a yair on the river Tay, cum consensu Petri de Haya, filii sua, pro salute quondam Julianae de Lascells sponsae suae,* 1.10 testibus domino Willielmo de Haya fratre suo, domino Gilberto de Haya nepote suo.

4. Thomas de Haya, who made a donation to the same abbay, of the right of fishing with one net upon the river Tay, and that pro sa∣lute animae regis Willielmi, Willielmi de Haya patris sui,* 1.11 Evae matris suae, et Adae spon∣sae suae, &c. testibus domino Davide de Haya fratre suo, Roberto de Haya et Malcolmo de Haya fratribus suis, &c.

5. Robert.

6. Malcolm.

Both attested by the above donation.

William of Herrol died ante 1199, and was succeeded by his eldest son,

III. Sir DAVID de HAYA, who obtained from king William a charter of the lands and barony of Errol, wherein he is designed Da∣vid de Haya filius Willielmi,* 1.12 &c. to be held by him as freely as his father held the same. The charter is dated at Jedburgh the 17th day of September, to which Hugo cancellari∣us is a witness, inter 1189 et 1199; in which last year the chancellor died.

He obtained from king Alexander II. a charter of confirmation of a charter,* 1.13 granted quondam Willielmo de Haya patri dicti Davi∣dis, &c. The confirmation is without date; but as Willielmus de Valoniis, camerarius re∣gis, is a witness to it,* 1.14 it must have been in or before 1219; in which year the camerarius died.

He likeways obtained from the said king Alexander, a ratification of an agreement with William bishop of St. Andrews, about the lands and patronage of the church of Eccles∣dounan, with the same witnesses,* 1.15 and of the same date of the above charter, viz. ante 1219.

He made a donation to the convent of Cupar, pro anima piae memoriae regis Wil∣lielmi, et pro anima Willielmi de Haya patris sui, et pro salute animae suae et Helenae sponsae suae, &c. This grant or donation is made with consent of Gilbert de Haya,* 1.16 his eldest son and heir, and his two brothers Ro∣bert and Malcolm are witnesses to it.

The last deed in which sir David is menti∣oned, was an agreement with the abbot and convent of Scoon, about some disputed lands and tythes in the Carse of Gowrie, in which Gilbert his eldest son is mentioned, and sir John Hay knight, Malcolm de Hay, with ma∣ny other honourable persons are witnesses. The deed is dated anno 1237;* 1.17 about which time sir David died,* 1.18 having married Helen, daughter of Gilbert earl of Strathern, by whom he had issue two sons.

1. Sir Gilbert, his heir.

2. William, who obtained from king A∣lexander III. a charter,* 1.19 confirming donationem illam quam Gilbertus de Haya fecit Willielmo de Haya sratri suo, duarum carucatarum terrae, &c. &c. in feodo de Errol, testibus Roberto de Mayners camerario, Eymero de Macus∣well, Johanne de Vallibus, Willielmo de Haw∣den, et Johanne de Herdmanistoun, apud Rokis∣burgh, 29no Aprilis, anno regni II. 1251.

This William was witness in two charters of Roger de Quincy,* 1.20 and is designed frater Gilberti, &c. anno 1257.

He was ancestor of the Hays of Leys. Vide vol. II. of this work.

IV. Sir GILBERT de HAYA succeeded his father, and was designed dominus de Errol in

a donation, religiosis viris, abbati et conventui de Cupro, &c. pro salute animae suae; et pro sa∣lute omnium antecessorum et successorum suorum; to which donation his seal is appended,* 1.21 cum Si∣gillo Nicolai de Haya, filii sui primogeniti, testi∣bus, episcopis Sti Andreae, Dunkeld, et multis aliis. This sir Gilbert it witness in a charter of king Alexander III. of a donation to the priory of St. Andrews,* 1.22 anno regni secundo, anno do∣mini 1250.

He was one of the new council of state,* 1.23 appointed by king Alexander III. anno 1255.

He married—Cummin, daughter of William earl of Buchan,* 1.24 by whom he had issue two sons.

1. Nicolaus, his heir.

2. Sir John de Haya,* 1.25 who is witness to a charter of Alexander de Moravia in 1281.

At this time there were so many different fa∣milies of the name of Hay in Scotland besides that of Errol, viz. Hays of Lochwarret, Leyes, Naughton, and others, that it is impossible when we meet with them in history to ascer∣tain what families they belong to, except those that are locally designed.

For example,

There are to be found in Rymer, and Prynne's collections, from the year 1291, to 1297, the following Hays, viz.

Sir John de Haya, miles, Prynne, vol. III. p. 650.

Nicolaus de Haya, dominus de Errol, miles, p. 651.

Hugo de la Haya, p. 651.

Gilbert de la Hay of the family of Errol, p. 651.

William de la Haya, Rymer and Prynne, p. 653.

Sir Gilbert Hay of Lochwarret, p. 659.

Edmund de la Haya, p. 657.

Thomas de la Hay, Ibidem.

William de la Hay, de Drummannack, and Nichol de la Hay, p. 662. &c. &c.

Sir Gilbert was succeeded by his eldest son,

V. Sir NICOL de HAYA,* 1.26 dominus de Er∣rol, who was one of the magnates Scotiae, who solemnly bound and obliged themselves to maintain and defend queen Margaret's title to the crown, against all mortals, anno 1284.

He was also one of the Scotch nobles,* 1.27 that agreed to the marriage of Queen Margaret, with prince Edward of England, anno 1290.

He was likewise one of the arbiters chosen on the part of king Robert Bruce,* 1.28 in the competition for the crown between him and Baliol, anno 1292; and every body knows how king Edward I. preferred the latter.

He afterwards got a charter from king John Baliol, erecting his lands of Errol, Inchyrach, Kinspindie, Dronlaw, Pethponts, Cassingray, and Fossy, in liberam warennam, (a free forestry.) The charter is dated at Lindores, 1st August,* 1.29 the second year of his reign, an∣no domini, 1293. Testibus, John Cummin, earl of Buchan, constable of Scotland; Alex∣ander Baliol, chamberlain; Patrick de Gra∣ham, John de Soulis, Walter de Lindsay, militibus, &c.

He got also a charter from Donald earl of Mar,* 1.30 of the lands and tenement of Dronlaw, to be held of the said Earl pro homagio et ser∣vitio. Testibus, domino Michaele Scott, Wil∣lielmo de Haya de Locherward, the abbots of Scoon and Cupar, &c. This charter is with∣out date, but by the witnesses, was ante 1295.

In 1302, die dominica, in octavis Sti Mar∣tini,* 1.31 he transacts with Willielmus Auld bur∣gess of Perth, anent the recovery of what debts were then owing him, and obliges him∣self to give to the said William Auld, a third part of all that shall be recovered.

He gave to the abbot and convent of Cu∣par, in pure and perpetal alms, illam bovatam terrae in Carse, quam habet ex dono Rogeri fi∣lii Boderici, &c. To this donation Nicolaus his son, rector of the church of Fossenib, is a witness.

He died circa 1303, leaving issue by— three sons.

1. Sir Gilbert, his heir.

2. Nicolaus de Haya, rector of Fossenib as above.

3. Sir Hugh,* 1.32 a great hero and patriot, who adhered always to the interest of king Robert Bruce.

VI. Sir GILBERT de HAYA, dominus de Errol, succeeded his father. He was man of singular merit and resolution, and a true lo∣ver of his country.* 1.33 He was one of the first great barons of Scotland that joined king Ro∣bert Bruce, and never deserted his interest in all his viciss••tudes of fortune; and though he had the misfortune to be made a prisoner by king Edward,* 1.34 anno 1306, yet he soon re∣covered his liberty, and joined the loyalists.

King Robert no sooner had it in his pow∣er, than he began to reward his faithful ser∣vices, and in 1308,* 1.35 constituted him con∣stable of Scotland, which office was then in the crown, by the forseiture of David de Strathbogie, earl of Athole; for in a letter from the magnates Scotiae, to Philip the fair king of France, he is designed Gilbertus de Haya constabularius Scotiae, &c. 16th March 1308.

He is also designed constabularius Scotiae,* 1.36 in a donation of king Robert to the abbacy of

Scoon, dated anno regni septimo. And be∣ing still more and more in favour with that great monarch, he was pleased to bestow the constabulary heretably to him and his heirs for ever, in feodo et haereditate cum hostilagiis (a lodging in every burgh where the parlia∣ment sits) ad dictian officiu•••• pertinentibus,* 1.37 &c. the charter is dated 12th November 1315.

He was one of the magnates Scotiae,* 1.38 who signed that famous letter to the pope, assert∣ing the independency of this kingdom, anno 1320.

He was also one of the Scotch commission∣ers,* 1.39 that swore to the keeping of a truce with the English, anno 1323.

In a charter, wherein king Robert confirms a donation of king Malcolm to the abbot and convent of Scoon,* 1.40 dated the 20th of his reign, Sir Gilbert de Haya, constabularius Scotiae,* 1.41 is a witness, anno 1326. He is also witness in a charter of king Robert's, anno regni 22do.* 1.42 And being a man equally qua∣lified for the cabinet and field, was often em∣ployed by that great prince in foreign nego∣ciations, which he always managed with pru∣dence and dexterity.

He survived his majesty king Robert Bruce, and was no less faithful to his son king Da∣vid,* 1.43 but had the misfortune to be killed in the service of his country, at the fatal battle of Halidon-hill, on the 19th July 1333, leaving issue a son and succcessor,

VII. Sir DAVID de HAYA, dominus de Errol, constabularius Scotiae.

In a charter of king David II.* 1.44 confirming a donation of Margaret countess of Angus, de terris de Brakie, &c. to the abbacy of Ar∣broath, David de Haya, constabularius Scotiae, and many others are witnesses. The charter is dated at Scoon, ultimo die Octobris, anno regm 15to,* 1.45 anno dom. 1344.

He was killed at the battle of Durham, where his royal master was taken prisoner, on 16th October 1346.

He married—daughter and sole heiress of sir John Keith of Innerpessre,* 1.46 by whom he had a son,

VIII. Sir THOMAS HAY of Errol, who succeeded him,* 1.47 and was one of the commissi∣oners appointed to treat with the English a∣bout king David's liberty, anno 1353; and af∣terwards one of the hostages for his ransom.

He enters into a transaction with sir John Fenton of that ilk,* 1.48 wherein Thomas de Haya, constabularius Scotiae, obliges himself to sease and invest the said sir John in a twenty-merk land, within the barony of Slains, &c. The deed is dated on the Vigil of Pentecost, 1368, in presence of Sir William Keith marishal of Scotland, sir John Hay of Tilliebothil, and many others.

He acted as lord high constable of Scotland in the parliament,* 1.49 where the earl of Carrick's right of primogeniture, and title to the crown, was acknowledged and recognized, anno 1371.

In the year 1385,* 1.50 there were forty thou∣sand francs sent by the king of France, to be divided amongst his friends and allies the Scots, of which this sir Thomas got four hundred.

He married lady Elizabeth Stewart,* 1.51 daugh∣ter of king Robert II. and obtained from that prince a charter, carissimo filio suo, Thomae de Haya, constabulario nostro Scotiae, illas cen∣tum libratas terras cum pertinentibus in tene∣mento de Slains,* 1.52 in vic. de Aberdene, quas re∣colendae memoriae dominus, avus et predecessor noster, Robertus, Dei gratia rex Scotorum, quon∣dam Gilberto de Haya haereditarie dedit et con∣cessit, &c. Sir Thomas, upon his own re∣signation, gets all his lands de novo erected and united in unam integram et liberam baroni∣am, &c. apud Dundee, ultimo die Junii, an∣no regni septimo, anno dom. 1378. He was served heir to his grandfather, umquhil sir John Keith of Innerpeffre, per brieve in the archives of the family, dated 19th January, 1389.

By the said lady Elizabeth Stewart, he had issue, two sons and two daughters.

1. Sir William, his heir.

2. Sir Gilbert Hay of Dronlaw. In a charter by sir William Hay of Errol,* 1.53 of the lands of Urie to his son William in 1430, this Gilbert, who is a witness, is designed fra∣ter domini Willielmi, &c.

1st daughter,* 1.54 Elizabeth, married to sir George Lesly of Rothes, who, in a charter of king Robert III. to this sir George, is de∣signed his well-beloved niece, &c.

2.—married to John Leslie,* 1.55 son and heir apparent of Andrew Leslie of that ilk.

He died in an advanced age, anno 1406, and was succeeded by his eldest son,

IX.* 1.56 Sir WILLIAM HAY of Errol, who obtained from king Robert III. in his father's lifetime, a grant dilecto nepoti suo Willielmo de Haya, filio et haeredi domini Thomae de Haya, wherein he promises to his nephew, not to ra∣tify or approve of any alienations to be made by sir Thomas his father, from the date there∣of, without consent of the said William, and the king's council, &c. The charter is dat∣ed 19th March, the third year of the king's reign.

He obtained from Robert duke of Albany,

governor of Scotland, a discharge and acquit∣tance, &c. carissimo nepoti suo, Willielmo de Haya de Errol, constabulario Scotiae, relevium suum nobis debitum de omnibus terris suis,* 1.57 quas de domino rege tenet in capite ubicunque, per mortem domini Thomae Haya patris sui nuper defuncti, dated at Perth 3rd August 1406.

He was named one of the hostages for king James, when he was coming to Scotland, an∣no 1421.

He was one of the commissioners appoint∣ed to treat with the English about the king's redemption,* 1.58 anno 1423. He is then designed dominus de Errol et de Hay, and became one of the hostages for his ransom.* 1.59

He had the honour of knighthood confer∣red upon him at the king's coronation, anno 1424, was created a lord of parliament in 1427,* 1.60 and was appointed one of the wardens of the marches, anno 1430.

He died ante 1436, and had issue two sons.

1. Gilbert, his apparent heir.

2. William,* 1.61 to whom he gave the lands of Urie, to him and the heirs of his body; which failing, to return to the family.

X. GILBERT his eldest son,* 1.62 went to England an hostage for Murdoch duke of Al∣bany, anno 1412, and is then designed filius et haeres apparens domini Hay constabularii Scotiae, &c.

He afterwards went a hostage to England for king James I.'s ransom, anno 1424, and died there, his father being still alive.

He married Alicia, daughter of sir William Hay of Yester,* 1.63 who got a safe conduct from the king of England to go up to her husband, anno 1426, and by her he had a son,

XI. WILLIAM, who succeeded his fa∣ther in 1436,* 1.64 and got charters, under the great seal, of a vast many lands, Willielmo do∣mino Hay de Errol, inter 1436 et 1446.

Amongst the archives of this family, there is a writ or instrument, whereby it appears, that this sir William, lord Hay of Errol, ob∣tained the patronage of the church of Turresf in Buchan,* 1.65 in lieu of the patronage of the church of Errol, which, the instrument says, had been insidiously wrested from sir William Hay of Errol, his grand-father, (avus suus,) &c. The deed is dated anno 1446.

He grants a charter,* 1.66 de terris de Achmore, to sir David Hay of Yester, his uncle, (avun∣culo suo,) anno 1452.

This William lord Hay of Errol being, like many of his brave ancestors, a man of e∣minent loyalty, and in high savour with his majesty king James II. was, in consideration of his great merit and faithful services,* 1.67 raised to the dignity of earl of Errol, anno 1452.

In March 1453, he accepts of a resignati∣on of the lands of Urie, from his uncle Wil∣liam Hay, in which he is designed comes de Errol.

He was one of the Scotch commissioners that concluded a treaty with the English,* 1.68 anno 1457, and is then designed Willielmus comes Erroliae, constabularius Scotiae, &c.

He ratifies and confirms a deed and grant to William Hay of Urie,* 1.69 by Alan Kinnaird of that ilk, apud castrum de Slains, 15th March 1470.

He married Beatrix Douglas, daughter of James lord Dalkeith,* 1.70 by whom he had issue three sons, and two daughters.

1. Nicol, his heir.

2. William, who succeeded his brother.

3. Gilbert Hay.

1st daughter,* 1.71 lady Elizabeth, married, 1st, to Patrick, son and apparent heir of Andrew lord Gray; 2dly, to George lord Gordon, afterward earl of Huntly, per an obligation granted by William earl of Errol, her brother,* 1.72 to George earl of Huntly, her husband.

2. Lady Margaret,* 1.73 married to William Fraser of Philorth, ancestor of lord Salton, per a writ, wherein she is designed sister of William earl of Errol.

The earl died in 1470, and the countess, his widow, made a donation to the convent of Gray-friars in Dundee, which bears, per nobilem et potentem dominam Beatricem Dou∣glas, relictam quondam Willielmi comitis de Errol,* 1.74 pro salute animae suae, et pro animabus quondam Willielmi comitis de Errol, sponsi sui, et Willielmi comitis de Errol filii sui, dated 25th November 1482.

XII. NICOL, second earl of Errol, suc∣ceeded his father in 1470.* 1.75 He was one of the privy council to king James III. and was appointed one of the commissioners to treat of a peace with England, anno 1472.

He got charters under the great seal,* 1.76 Ni∣colao comiti Erroliae et Elizabethae comitissae, terrarum de Cassilis, &c. &c. inter 1470 et 1476.

He married lady Elizabeth Gordon,* 1.77 daugh∣ter of Alexander earl of Huntly; but died without issue, on 6th January 1476, and was succeeded by his brother,

XII. WILLIAM,* 1.78 third earl of Errol, who, in an instrument taken on an obligation grant∣ed by Alexander Ogilvy of Auchterhouse, sheriss of Angus, is designed Willielmus comes de Errol, on 5th December 1476.

He married, 1st, lady Isabel Gordon, daugh∣ter

of George earl of Huntly,* 1.79 by whom he had issue three sons, and one daughter.

1. William, his heir.

2. Thomas Hay of Logyalmond, whose son succeeded to the earldom, of whom af∣terwards.* 1.80

3. John Hay of Broganlesh.

His daughter, lady Beatrix, married to Alex∣ander Keith, son and apparent heir of sir Wil∣liam Keith of Innerugie.

The earl married, 2dly, lady Elizabeth Leslie, daughter of George earl of Rothes,* 1.81 by whom he had one daughter,

Lady Mariana,* 1.82 married to David Lindsay, son and apparent heir of sir Alexander Lind∣say of Auchtermonzie, afterwards earl of Crawfurd.

He died about 1490, and was succeeded by his eldest son,

XIII. WILLIAM, fourth earl of Errol, who was a man of eminent qualities, great honour and probity.

As an instance of the high estimation he was held in abroad,* 1.83 he had a letter sent him by Pope Alexander VI. notifying his election to the popedom, dated 7mo. calendas Septem∣bris, anno 1492.

He was sheriff of Aberdeen, and had great dependencies,* 1.84 and bonds of manrent, from some of the principal families in the country.

He died in 1506, having married lady Ja∣net, daughter of John Stewart earl of Athole,* 1.85 by lady Margaret his spouse, daughter of Ar∣chibald earl of Douglas, and duke of Turenne, by whom he had a son and successor,

XIV. WILLIAM, fifth earl of Errol, who, in his father's lifetime, was designed William of Caputh, and master of Errol.

He obtained from king James IV.* 1.86 a gift of the ward and relief due to the crown by the decease of his father, dated 18th January 1507, and was served heir to his father in the lands of Petponts,* 1.87 on 21st September that same year.

He got charters under the great seal of se∣veral lands and baronies,* 1.88 inter 1510 et 1513.

He married Elizabeth, daughter of Willi∣am, first lord Ruthven, by whom he had a son,

William, his heir,—and two daugh∣ters.

1. Lady Marian,* 1.89 married to William earl of Crawfurd.

2. Lady Isabel,* 1.90 married to sir William Forbes of Tolquhon.

He, with a great many of his friends, and almost all the gentlemen of his name, accom∣panied king James IV. to the battle of Flow∣don, where they all lost their lives, with their royal master, on 9th September 1513.

He was succeeded by his son,

XV. WILLIAM,* 1.91 6th earl of Errol, who, according to Mr. Calderwood's church-histo∣ry, was a man of great parts, integrity and merit.

He was one of the commissioners sent to France, to endeavour to get the Scots in∣cluded in their treaty with the English, anno 1515.

He was also,* 1.92 with some others, sent by the estates of Scotland to the king of Eng∣land, with their refusal to comply with his desire, in removing the duke of Albany from the guardianship of their young king, anno 1516.

There are several charters under the great seal,* 1.93 Willielmo comiti Erroliae, et Helenae comi∣tissae, of many lands and baronies, inter 1520 et 1535.

He married lady Helen Stewart,* 1.94 daughter of John earl of Lennox, by whom he had a son,

William, who died before himself, with∣out issue,—and a daughter.

Lady Jean Hay, who became heir of line of this illustrious family, of whom more here∣after.

The earl dying, without any surviving male issue, before the year 1535, in him ended the male-line of the body of William fourth earl of Errol, eldest son of the third earl. The earldom, constabulary, &c. there∣fore devolved upon George, son of Thomas Hay of Logyalmond, before mentioned, to whom we now return.

XIII. THOMAS HAY, second son of Willi∣am third earl of Errol, got the estate of Lo∣gyalmond, by marrying Margaret Logie heir∣ess thereof. In a charter of king James IV. of the lands and barony of Logyalmond, to him et Margaretae dominae de Logyalmond his spouse,* 1.95 he is designed Thomas de Hay, filius dilecti consanguinei nostri Willielmi comitis de Errol.

He left issue a son,

XIV. GEORGE, who succeeding to the earl∣dom of Errol, as before observed, was the se∣venth earl, and obtained from king James V. a charter under the great seal, of the whole estate and heretable constabulary, as next heir∣male to William the last earl. The narrative bears, that the king was desirous that the earldom of Errol, and constabulary of Scot∣land, should remain and continue haeredibus masculis, cum cognominibus de Hay, in omni∣bus

temporibus futuris, prout fuerunt temporibus elapsis.* 1.96 The charter is dated 13th Decem∣ber 1541.

This earl, while he was laird of Logyal∣mond, married, 1st, Margaret, daughter of sir Alexander Robertson of Strowan,* 1.97 by whom he had four sons and two daughters.

1. Andrew, his heir.

2. John,* 1.98 who succeeded to the ancient fa∣mily of the Hays of Muchils.

3. George Hay of Ardlethan.* 1.99

4. Mr. Thomas Hay,* 1.100 parson of Turreff in Buchan.

1st daughter, Lady Elizabeth, was marri∣ed to William Keith,* 1.101 son and heir of William, sourth earl Marischal, and was mother of George the fifth earl.

2. Lady Margaret,* 1.102 married to Laurence master of Oliphant.

He got charters under the great seal, Geor∣gio de Logyalmond;* 1.103 then Georgio comiti Er∣roliae, of the lands and barony of Slains, and many others, inter 1532 et 1545.

He married, 2dly, Helen, daughter and co∣heiress of Walter Bryson of Pitcullen,* 1.104 in vic. de Perth, by whom he had one daughter.

Lady Jean, married, 1st, to John Leslie of Balquhain; 2dly, to sir James Balfour, bro∣ther to Michael first lord Burleigh, who was himself created Lord Glenaly in Ireland by king James VI.

This earl died anno 1563, and was suc∣ceeded by his eldest son,

XV. ANDREW, eighth earl of Errol, who married the fore-mentioned lady Jean Hay, only daughter and heiress of William, sixth earl of Errol,* 1.105 whereby the heirs-male and of line of this noble family were united, the king himself having been a great promoter of this marriage.

In his father's lifetime he got charters, un∣der the great seal,* 1.106 Andreae magistro Erroliae, of the lands of Slains, Errol, &c. &c. inter 1552 et 1560, and got afterwards charters of other lands, Andreae com. Erroliae, inter 1570 et 1577.

By the said lady Jean he had issue, three sons and one daughter.

1. Alexander, who died before his father without issue.

2. Francis, his heir.

3. Thomas, who died without issue.

Their daughter, lady Eleanor, married to Alexander earl of Linlithgow.

The earl married, 2dly, lady Agnes Sin∣clair,* 1.107 daughter of George earl of Caithness, by whom he had a son,

Sir George Hay of Killour, whose grandson succeeded to the earldom as heir-male, as will be shown afterwards.

This earl was one of the privy council to queen Mary, to whom he was always a faith∣ful and loyal subject.

He died in 1585, and was succeeded by his son,

XVI. FRANCIS, ninth earl of Errol, who was a man of great probity and merit. He always continued sirm in the Roman Catho∣lic religion, on which account he suffered greatly; his houses were demolished, his lands plundered, and himself imprisoned.

He got charters under the great seal, Fran∣cisco comiti Erroliae,* 1.108 of several lands, inter 1586 et 1592.

He, with lord Huntly, were the chief com∣manders at the memorable battle of Glenlivet, where he behaved with remarkable courage and intrepidity, and defeated the king's troops under the command of the earl of Argyle,* 1.109 who were far superior in numbers, anno 1594.

However, he was after wards reconciled to the court, and got much into favour with king James VI. who appointed him one of the commissioners to treat of an union with England,* 1.110 anno 1604.

He married, 1st, lady Anne Stewart,* 1.111 daugh∣ter of John earl of Athole; 2dly, lady Mar∣garet Stewart, second daughter and co-heiress of James earl of Murray the regent,* 1.112 but had no issue by either.

He married, 3dly, lady Elizabeth Douglas, daughter of William earl of Morton, by whom he had three sons and eight daughters.

1. William, his heir.

2. George, who died at Avignon in France.

3. Francis, who got a charter under the great seal, anno 1630, but died in 1631, with∣out issue.

1st daughter, lady Anne, married to George second earl of Winton.

2. Lady Christian, married to John earl of Mar.

3. Lady Elizabeth, married, 1st, to Hugh lord Semple; 2dly, to James lord Mording∣ton.

4. Lady Mary, married to Walter earl of Buckcleugh.

5. Lady Sophia, married to John Gordon viscount of Melgum, son of George marquis of Huntly.

6. Lady Isabel.

7. Lady Margaret.

8. Lady Helen.

The last three died unmarried.

The earl dying on 14th July 1631, was succeeded by his eldest son,

XVII. WILLIAM, tenth earl of Errol, who having been brought up at court, and

educated in the protestant religion, was in great favour with king Charles I.

He acted as constable in Scotland, at his coronation in the abbay of Holyroodhouse, on 18th June 1633.

He lived in so splendid and grand a man∣ner, that he brought great incumbrances on the family, which obliged them to sell their old paternal estate in the Carse of Gowrie, reserving only some superiorities, which are still in the family.

He married lady Anne Lyon, daughter of Patrick earl of Kinghorn, by whom he had a son,

Gilbert, his heir,—and a daughter,

Lady Margaret, married, 1st, to Henry lord Ker, son and heir of Robert first earl of Roxburgh; 2dly, to John earl of Cassilis, who was lord privy seal in the reign of king Charles I.

He died anno 1636, and was succeeded by his son,

XVIII. GILBERT, eleventh earl of Errol, who was too young to be engaged in the be∣ginning of the troubles of king Charles I. 's reign, but was a staunch loyalist, had a pen∣sion settled on him in 1639; was colonel of horse for Aberdeenshire for duke Hamil∣ton's engagement,* 1.113 anno 1648; and none ap∣peared more forward and zealous for a re∣storation than he did, to which he contribut∣ed all that was in his power.

He waited on the king at Aberdeen, was most graciously received, and raised a regi∣ment for his majesty's service on his own charges.

King Charles II. being perfectly sensible of his loyalty, constituted him one of his privy council, anno 1661, and he always behaved with prudence, candour and mode∣deration.

He married lady Catharine Carnegy, daugh∣ter of James earl of Southesk, by whom he had no issue.

Upon which he made a resignation of his whole estates, honours, dignities, heretable constabulary, &c. in favours of himself, and the heirs-male of his body; which sailing, to sir John Hay of Killour, his cousin and near∣est heir-male, and the heirs-male of his body; which failing, to his own nearest and lawful heirs what somever; upon which a charter was past and expede under the great seal,* 1.114 anno 1674.

He dying without issue that same year, the male-line of the ••irst marriage of Andrew eighth earl of Errol thus ended, and the estate and honours devolved upon the next heir-male, viz. sir John Hay of Killour, lineally descended from sir George before mentioned, to whom we now return.

XVI. Sir GEORGE HAY of Killour, only son of the second marriage of Andrew, eighth earl of Errol, married Elizabeth, daughter of sir Patrick Cheyne of Eslemont, an ancient fa∣mily in the shire of Aberdeen, by whom he had a son and successor,

XVII. Sir ANDREW HAY of Killour, who married Margaret, daughter of Patrick Kin∣naird of Inchture, sister of George first lord Kinnaird, by whom he had a son,

Sir John Hay of Killour, who succeeded to the earldom of Errol, as before observed.

XVIII. JOHN, twelfth earl of Errol, (for∣merly sir John of Killour) married lady Anne Drummond, daughter of James earl of Perth, by whom he had three sons and two daugh∣ters.

1. Charles, his heir.

2. James.

3. Thomas.

All these sons died without issue.

1st daughter, lady Mary, who succeeded to the earldom of Errol.

2. Lady Margaret, who carried on the line of this family, as will be shown hereafter.

Earl John died anno 1705, and was suc∣ceded by his eldest son,

XIX. CHARLES, thirteenth earl of Errol, a man of singular honour and probity.

In the parliament 1706, he opposed the union with all his power and interest, as be∣lieving it derogatory to the honour and inde∣pendency of Scotland, and entered a solemn protest against it, which still remains upon re∣cord, viz.

"I Charles earl of Errol, heretable lord high chancellor of Scotland, do hereby protest, that the office of high constable, with all the rights and privileges of the same belonging to me heretably, and de∣pending upon the monarchy, sovereignty, and ancient constitutions of this kingdom, may not be prejudiced, &c. &c. &c."

In the year 1708, he was made prisoner on account of the French invasion; and, tho' in a bad state of health, was kept closs con∣fined in the castle of Edinburgh till the affair was over.

He never married, died in 1717, and was succeeded by his eldest sister,

XIX. Lady MARY, countess of Errol, el∣dest daughter of John the twelfth earl, who married Alexander, son of sir David Falconer,

lord president of the session, anno 1682, and brother of Alexander lord Falconer of Halker∣toun.

But she dying without issue, anno 1758, the estate and honours devolved upon James lord Boyd, grand-son of her sister,

XIX. Lady MARGARET HAY, second daughter of John twelfth earl of Errol, be∣fore mentioned, who married James earl of Linlithgow and Calendar, to whom she had only one daughter,

XX. Lady ANNE LIVINGSTON, un∣doubted heir of line of the noble and antient family of the Livingstons, earls of Linlithgow and Calendar, who married William earl of Kilmarnock, to whom she had issue three sons.

1. James, lord Boyd.

2. Mr. Charles.

3. Mr. William.

XXI. JAMES lord Boyd, eldest son of la∣dy Anne Livingston, only child of lady Mar∣garet Hay, second daughter of John twelsth earl of Errol, upon the death of Mary coun∣tess of Errol, without issue, succeeded to the estate and honours, as before noticed, and is the fourteenth earl of Errol.

He married Miss Rebecca Lockhart, eldest daughter of Alexander Lockhart, Esq; an e∣minent councillor at law, and brother of George Lockhart of Carnwath, Esq; by whom he hath one daughter,

Lady Mary.

ARMS.

Argent, three escutcheons, gules.

CREST; on a wreath, a falcon proper.

SUPPORTERS; two men in country ha∣bits, each ho ding an ox-yoke over his shoul∣der.

MOTTO; Serva jugum.

CHIEF SEATS.

At Slains, in the county of Aberdeen, &c. &c.

Notes

• * 1.1

  Chartul. of the priory of St. Andrews, pe∣nes eom. de Panmure.
• * 1.2

  Chartul. of Scoon, Fol. II. III. and IV. penes vice co∣mit. de Stor∣mont.
• * 1.3

  Chartul. of Scoon, Fol. VII.
• * 1.4

  Chartul. of Cupar, Fol. XII.
• * 1.5

  Rymer, tom. I. p. 39.
• * 1.6

  Ibidem.
• * 1.7

  Chart. penes comitem de Errol, ante 1188.
• * 1.8

  Chartul. of St. Andrews.
• * 1.9

  Chartul. of Cupar, F. 15.
• * 1.10

  Ibid. F. 16.
• * 1.11

  Ibidem.
• * 1.12

  Chart. penes com. de Errol. Chron. of Mel∣rose and For∣dun.
• * 1.13

  Chart. penes comitem de Errol.
• * 1.14

  Chron. of Melrose.
• * 1.15

  Chart. penes comitem de Errol.
• * 1.16

  Chartul. of Cupar.
• * 1.17

  Ibidem.
• * 1.18

  Chart. penes com tem de Errol.
• * 1.19

  Chart. penes Mr. Hay de Leys.
• * 1.20

  Chartul. of St. Andrews, and penes com. de Pan∣mure.
• * 1.21

  Chart. penes comitem de Errol.
• * 1.22

  Chartul. of St. Andrews, p. 357.
• * 1.23

  Rymer, tom. I. p. 566.
• * 1.24

  Martin's col.
• * 1.25

  Chartul. of St. Andrews, p. 412.
• * 1.26

  Rymer's foed. tom II. p. 266.
• * 1.27

  Ibid. p. 471.
• * 1.28

  Ibid. p. 553.
• * 1.29

  Chart. penes com. de Errol.
• * 1.30

  Ibidem.
• * 1.31

  Ibidem.
• * 1.32

  Abercrombie, and Barber, p. 22.
• * 1.33

  Ibid. p. 571.
• * 1.34

  Rymer, tom. II. p. 1014.
• * 1.35

  In pub. archiv.
• * 1.36

  Chartul. of Scoon, ad ann. 1133.
• * 1.37

  Chart. penes com. de Errol.
• * 1.38

  Fordun, vol. II. p. 275.
• * 1.39

  Rymer's foed. tom. III. 1025.
• * 1.40

  Chartul. of Scoon.
• * 1.41

  Chart. in pub. archiv. ad ann. 1328.
• * 1.42

  Rymer's foed.
• * 1.43

  M. S. Hist. of the family of Errol.
• * 1.44

  Chartul. of Arbroath.
• * 1.45

  Fordun, vol. II. p. 343, and Knighton in vita Edwar∣di III.
• * 1.46

  Chart. penes com. de Errol
• * 1.47

  Rymer tom. VI. p. 619.
• * 1.48

  Chart. penes com. de Errol.
• * 1.49

  Original acts in pub. archiv.
• * 1.50

  Rymer, tom. VII. p. 485.
• * 1.51

  Stewart's hi∣story of the royal family.
• * 1.52

  Chart. penes comitem de Errol. et in pub. archiv.
• * 1.53

  Ibidem.
• * 1.54

  Chart. pene•• comitem de Rothes.
• * 1.55

  Discharge of her portion, 14. Ju••y 137••.
• * 1.56

  Chart. under the great real ad ann. 1393.
• * 1.57

  Chart. in pub. archiv.
• * 1.58

  Rymer tom: X. p. 125, 307, 325, & 332.
• * 1.59

  M. S. account of the family of Errol, and a decrect of parliament in 1429.
• * 1.60

  Rymer, tom. X. p. 491.
• * 1.61

  Chart. penes comitem de Errol.
• * 1.62

  Rymer, tom. VIII. p. 736, & tom. X. p. 325.
• * 1.63

  Chart. penes marchionem de Tweedale, and Rymer, tom. X. p. 364.
• * 1.64

  Chart. in pub. archiv.
• * 1.65

  Instrumentum penes com. de Errol.
• * 1.66

  Chart. penes Marchionem de l'weedale.
• * 1.67

  Crawfurd's peerage, page 139.
• * 1.68

  Chart. penes comitem de Errol, and Rymer. tom. XI. page 403.
• * 1.69

  Chart. penes comitem de Errol.
• * 1.70

  Chart. penes comitem de Morton.
• * 1.71

  Contract ad ann. 1457, penes com. de Errol.
• * 1.72

  Ibid. ad ann. 1475.
• * 1.73

  Ibid. ad ann. 1501.
• * 1.74

  Ibidem.
• * 1.75

  Rymer's foed.
• * 1.76

  Chart. in pub. archiv.
• * 1.77

  Chart. penes comitem de Errol.
• * 1.78

  Ibidem.
• * 1.79

  Discharge of her portion, ad ann. 1478. penes com. de Errol.
• * 1.80

  Contract, pe∣nes comitem de Errol, ad ann. 1501.
• * 1.81

  Ibid. contract ad ann. 1485.
• * 1.82

  Writs of the family of Crawfurd, & infeftment penes com. de Errol, ad ann. 1510.
• * 1.83

  Penes com. de Errol.
• * 1.84

  Ibidem.
• * 1.85

  Stewart'shift. of the royal family, p. 172.
• * 1.86

  Chart. penes comitem de Errol.
• * 1.87

  Ibidem.
• * 1.88

  Chart. in pub. archiv.
• * 1.89

  Ibidem.
• * 1.90

  Chart. penes comitem de Errol, ad ann. 1522.
• * 1.91

  M. S. in the university of Glasgow.
• * 1.92

  Rymer's foed. tom. XIII. p. 509, & 551.
• * 1.93

  Chart. in pub. archiv.
• * 1.94

  Stewart's hist. of the royal family, p. 155.
• * 1.95

  Chart. in pub. archiv. ad ann. 1493.
• * 1.96

  Chart. in pub. archiv.
• * 1.97

  Dispens. pen. com. de Errol.
• * 1.98

  Genalog. hist. of the house of Errol.
• * 1.99

  Ibidem.
• * 1.100

  Ibidem.
• * 1.101

  Writs of the family of Ma∣rishal, ad ann. 1543.
• * 1.102

  Contract pe∣nes com. de Errol, ad ann. 155••.
• * 1.103

  Chart. in pub. archiv.
• * 1.104

  Ibid. ad ann. 1567.
• * 1.105

  Several writs in the archiv. of the family.
• * 1.106

  Chart. in pub. archiv.
• * 1.107

  Ibidem.
• * 1.108

  Ibidem.
• * 1.109

  Spotiswood's church histo∣ry, p. 408.
• * 1.110

  Ibidem.
• * 1.111

  Stewart's hi∣story of the royal family.
• * 1.112

  Writs of the family of Er∣rol.
• * 1.113

  Rescinded acts of pa••lt.
• * 1.114

  Charta in can∣cellaria.