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;.

ERSKINE Earl of MARR.

ALL our antiquaries agree, that this no∣ble family is of very great antiquity; but the history of its origin, like that of most other antient families, is chiefly found∣ed on tradition.

Some authors deduce their descent from a noble Florentine, who is said to have come to Scotland in the reign of king Kenneth II.

It is said by others, that in the reign of king Malcolm II. a Scotsman of high distinc∣tion having killed, with his own hand, En∣rique, one of the Danish generals, at the bat∣tle of Murthill, cut off his head, and, with the bloody dagger in his hand, shewed it to the king, and, in the Gaelic, said, Eris-skyne, alluding to the head and dagger, and, in the same language, also said, I intend to perform greater actions than what I have done, &c.

whereupon king Malcolm imposed upon him the sirname of Erskyne, and assigned him for his armorial bearing, a hand holding a dagger, with je pense plus for a motto, which hath continued to be the crest and motto of this noble family ever since.

But we shall insist no further on these tra∣ditional accounts, and shall here only observe, that it is most certain that this family had vast possessions in the shires of Renfrew and Air, in very early times, particularly the lands, barony, and castle of Erskine, a beau∣tiful seat upon the banks of the river Clyde. Whether the Erskines gave their name to their lands, or took it from them, we shall not pretend to determine; but certain it is there is no account, either from records or tradition, of any persons being possessed of the lands of Erskine before them.

The first of the family we can mention, from any good authority, is,

I. HENRICUS, or HENRY de ERSKINE. He was proprietor and lord of the barony of Erskine in Renfrew-shire, and flourished in the reign of king Alexander II.

In a donation of Amelick, brother of Mald∣win earl of Lennox, of the patronage of the church of Roseneath,* 1.1 and tythes thereto be∣longing, to the monastery of Paisley, Henricus dominus de Erskine is a witness, in the year 1226.

He was succeeded by his son,

II. Sir JOHN, second lord of Erskine, by whom there is a charter of some lands in Ren∣frew-shire,* 1.2 Roberto dicto Boyd, &c. in the end of the reign of king Alexander II.

In a charter of king Alexander III. domi∣nus Johannes de Erskine, miles, together with Radulphus de Insulis,* 1.3 dominus de Duchal, &c. are witnesses, anno 1252.

He is witness also in another charter of a donation to the monastery of Paisley by Wal∣ter earl of Menteith,* 1.4 of the church of Cor∣monell, &c. anno 1262.

He left issue two sons.

1. John, his heir.

2. William de Erskine, who obtained from his father some lands in the shire of Air,* 1.5 confirmed to him by James, lord high steward of Scotland, the superior; but we can give no account of his posterity.

He was succeeded by his eldest son,

III. Sir JOHN, third lord of Erskine, who, with many of his brave countrymen, was o∣bliged to submit to the superior sorce of king Edward I.* 1.6 of England, when he had over∣run Scotland, anno 1296.

He lived after the year 1300, and left is∣sue a son and successor,

IV. Sir JOHN, fourth lord of Erskine, who, in his father's lifetime, obtained a grant of some lands, in tenemento de Largis, and shire of Air, confirmed to him by James lord high steward of Scotland, Johanni de Erskine, filio Johannis de Erskine, filii et haeredis Johannis de Erskine, militis, &c. to which Robert bishop of Glasgow, sir Reginald de Crawfurd,* 1.7 sir John Erskine his father, and several others, are witnesses. His uncle William is also men∣tioned in that charter, which has no date, but must have been before 1310, in which year the lord high steward died.

He had issue a son,

Sir William, his heir,—and three daugh∣ters.

1. Mary, who married, 1st, sir Thomas Bruce, brother to king Robert; but he being taken prisoner by the English,* 1.8 and put to death at London, she married, 2dly, sir Ing∣ram Morvile.

2. Alice,* 1.9 married to Walter lord high steward of Scotland, to whom she had one daughter, Jean, married to Hugh earl of Ross.

3. Agnes, married to sir William Living∣ston of that ilk.

He died soon after his father, and was suc∣ceeded by his son,

V. Sir WILLIAM, fifth lord of Erskine, who, according to all our historians, was a man of singular merit and bravery,* 1.10 and always a firm adherent to king Robert Bruce.

He joined, with his forces, the earl of Mur∣ray, and sir James Douglas, when they in∣vaded England in 1322, defeated all that op∣posed them, and was knighted in the field un∣der the banner,* 1.11 for the great services he did in that expedition.

To whom this great man was married, we have not been able to discover; but he left issue four sons.

1. Sir Robert, his heir.

2. Sir Alan, who obtained from his fa∣ther the lands of Barachan. He married Isa∣bel, daughter and sole heiress of sir Pa∣trick Inchmartine of that ilk,* 1.12 and was an∣cestor of the Erskines of Inchmartine. Vide pages 263d and 687th of this work.

3. Andrew Erskine of Raploch.

4. Sir Archibald Erskine.

Sir William died anno 1329, and was suc∣ceeded by his eldest son,

VI. Sir ROBERT, who was sixth lord of Erskine, a great patriot, a brave soldier, and an able statesman, as eminently loyal and faith∣ful

to king David Bruce, as his father had been to king Robert.

In king David's minority, he joined the lord high steward, and was very instrumental in recovering a great part of the country for that prince, which had been over-run by the English and the Baliol party,* 1.13 while David was in France.

After his return home, the king, sensible of the great merit and faithful services of the lord Erskine, appointed him constable, keeper and captain of the castle of Stirling for life, with all the privileges, devoirs, duties, &c. which any of his predecessors, keepers there∣of, enjoyed;* 1.14 and that office continued in this family till the attainder of earl John, in 1715.

After the unfortunate battle of Durham, Robertus dominus de Erskine, miles, was ap∣pointed, by the estates of Scotland,* 1.15 one of the ambassadors extraordinary to negotiate king David's liberty, anno 1348.

And though his negotiation did not then take effect,* 1.16 he was by his majesty appointed great chamberlain of Scotland, anno 1350.

In the years 1351, 1352, and 1354, he was again nominated one of the ambassadors to treat of the king's liberty,* 1.17 in the last of which years he offered himself and his son as hostages.

In the year 1355,* 1.18 he went ambassador from the estates of Scotland to the Pope.

He was also one of the ambassadors in 1357,* 1.19 when the king's liberty was accom∣plished, and gave his son as one of the ho∣stages for his ransom.

This noble lord got a charter from Tho∣mas, thirteenth earl of Marr,

"to and in sa∣vours of his special consederate and cousin, Robert lord Erskine, and Christian Keith his spou••e, of the lands of Balyordie, Bym∣dyis, Knockinlap,* 1.20 Inverlammie, &c."

which charter is confirmed by king David in a par∣liament held at Scoon, anno regni 39 to 1358.

The king being now at liberty, and in full possession of his kingdom, renewed the lord Erskine's commission as lord great chamber∣lain of Scotland;* 1.21 and likeways appointed him justiciar benorth the river Forth, con∣stable and keeper of the castles of Edinburgh and Dunbarton.

In the year 1359, he was appointed am∣bassador extraordinary in a very solemn em∣bassy to the court of France, to renew the antient league,* 1.22 which had subsisted for so ma∣ny centuries betwixt the two nations.

He went five times ambassador to Eng∣land, between the years 1360 and 1366, in which last year his two sons, Thomas and A∣lan,* 1.23 went with him.

In 1367, he was appointed warden of the marches;* 1.24 and in this year we find him men∣tioned as heretable sheriff of the county of Stirling, which probably he had by successi∣on.

He was one of the Scotch nobility who, in the year 1371,* 1.25 ratified king Robert II.'s title to the crown, and is said by our historians to have been instrumental in his majesty's peace∣able accession thereto. He continued in no less favour with that prince than he had been with his uncle king David,* 1.26 from both which kings he obtained several charters, under the great seal, of many lands and baronies, and had several other instances of the royal favour and bounty conferred on him.

But as the brevity of this work will not permit us to enumerate all the great actions performed by this patriot in the service of his king and country: we must refer our readers to our historians, and the lives of the officers of state, for a more particular account of them; and shall only add, that during the course of a long life, he was constantly em∣ployed in the most arduous negotiations of state, and enjoyed the greatest offices in the kingdom, in all which he discharged his duty with great ability, honour, and fidelity, e∣qually to the satisfaction of his sovereigns and fellow-subjects.

He married,* 1.27 1st, Beatrix, daughter of sir David Lindsay; 2dly, Christian, widow of sir Edward Keith, and left issue three sons, and two daughters.

1. Thomas, his heir.

2. Sir Nichol, first of the Erskines of Kinnoul, in Perth-shire, which family subsist∣ed in the male-line, till the reign of king James II. when Christian, only daughter of sir John Erskine of Kinnoul,* 1.28 married sir Ro∣bert ••righton of Sanquhar, ancestor of the earls of Dumfries.

3. Allan,* 1.29 formerly mentioned in 1366.

1st daughter, Marila, or Mariota, married to sir Maurice Drummond of Concraig, stew∣ard of Strathearn.

2. Elizabeth, married to sir Walter Oli∣phant of Aberdalgie, ancestor of lord Oli∣phant.

He died anno 1385, and was succeeded by his eldest son,

VII. THOMAS, seventh lord Erskine, who was one of the noble Scotch heirs that were given as hostages for king David's ransom, as before observed,* 1.30 and is then designed filius et haeres Roberti domini Erskine, nulitis, anno 1357.

The lord Erskine, with his brother sir Ni∣chol, (designed by Fordun, nobiles milites Scotigenae) took such a notable revenge of the

English, who had burnt the monastery of Inchcolm,* 1.31 that few or none of them escaped, anno 1383.

This Thomas was a man of great ac∣complishments, of singular worth and merit, and highly esteemed both by kings Robert II. and III. By the first he was continued in his father's government of the castle of Stir∣ling; and by the last he was appointed am∣bassador extraordinary to treat with the En∣glish,* 1.32 anno 1394.

And as in this reign we find he sat as a lord of parliament,* 1.33 he is always designed by the king, Thomas dominus Erskine, dilectus con∣sanguineus meus, &c.

He married Janet Keith, only child of the first marriage of sir Edward Keith, by whom he had two sons, and two daughters.

1. Robert, his heir.

2. John, first of the Erskines of Dun, of whom sir Thomas Erskine of Brechin,* 1.34 secre∣tary of state in the reign of king James V. the Erskines of Pittodrie, &c. are descended.

1st daughter,* 1.35 Elizabeth, married to Dun can Wemyss of Leuchars, who got with her the lands of Pirchock and Ludcairn, &c.

2. Christian,* 1.36 married to sir John Haldane of Gleneagles.

As Janet Keith, wife to this Thomas lord Erskine, had undoubted right to the earldom of Marr, lordship of Garrioch, &c. in case of Isabel countess of Marr's having no children, of which there was little probability by rea∣son of her age, we hope we shall be pardoned for inserting at large some of the steps taken by this noble lord, for securing his wife and her son's right thereto, as they are somewhat curious, and tend to give light in∣to the manners of those times.

There is an instrument of protestation made in parliament to the king by Thomas lord Erskine, anent a contract made betwixt sir Malcolm Drummond and sir John of Swin∣ton, concerning the earldom of Marr, lord∣ship of Garrioch, &c. of which earldom, &c. Isabel countess of Marr, the said sir Malcolm's wife, is undisputed heiress; and failing heirs of her body, Janet Keith, the said lord Er∣skine's wife, is undisputed heiress of the same; wherefore Thomas lord Erskine re∣quires the king not to give any confirmation of lands or rights whatsoever, which might sall and belong to the said succession to his said spouse; which thing the king promised in parliament,* 1.37 15th March 1390. Signed Hen∣ry Waddel notar.

There is also a declaration and promise by king Robert III. under the quarter seal, that he would accept of no resignation of lands or annualrents, or any rights whatsomever which belonged to Isabel countess of Marr, in pre∣judice of Thomas lord Erskine his wife, to which she could pretend right, as heir to the said countess of Marr; and that in case he had passed any negligently, or should hereaf∣ter pass any,* 1.38 declares, that the same should be held to be null and of no effect. Dated at Edin∣burgh, 22d November, anno regni 4to, 1393.

Notwithstanding the above, upon the mar∣riage of princess Mary with George lord of Angus, the king, her father, by the in∣denture or marriage-contract, dated 24th May 1397, binds himself to confirm and ra∣ti••y, under his great seal, all gifts or tailzies made, or to be made, by dame Isabel countess of Marr, to the said George of Angus, of any lands or possessions which he has, or may have, with•••• the kingrick of Scotland; and that he shall receive all resignations of the said countess Isabel, and give charters and he∣retable possession to the said George, and his beloved daughter, obliging himself not to re∣ceive any resignations from the said countess Isabel, of any lands, rents, or possessions, or to give any confirmations or grants thereup∣on,* 1.39 but to the said George and his said daugh∣ter, retracting also if he has given any letters to Thomas lord Erskine, &c. &c. &c.

There is a confirmation by king Robert III. of a donation made by sir James S••••dilands, to his well beloved son, George earl of An∣gus, of all rights of succession competent to him, after the decease of Isabel countess of Marr and Garrioch, of the lands and barony of Cavers, with the office of sheriff-ship and keeping of Roxburgh castle, with the lord∣ship, castle, and forest of J••dbur••h, the lord∣ship of Walton and Easdale, in Roxburgh-shire, haill town of S••lki••k, with the haill services of free tenants in that share, the rega∣lity, superiority, and services or free tenants in the baronies of Buttle and 〈◊〉〈◊〉, in Dumsries-shire, an annualrent of two hundred merks out of the burgh of Haddington, the haill lands and tents of Down, Buck, Cabrach, and Cloveth, in Banff-shire, the succession to the barony of Tillicultry in Clackmannan-shire, with the heretable succession to the haill lands to which the heirs of James earl of Douglas might succeed. Dated May 6th, anno regni octavo.

There is also still preserved, a bond of friendship between David earl of Crawfurd, and Thomas lord Erskine, obliging themselves to support each other with their council, &c. And whereas Thomas would be creditor to the said earl for twelve thousand merks, for the marriage of sir Robert, his son, with the earl's daughter, he forgives him six thousand merks thereof; and the said earl obliges

himself, after the decease of Isabel countess of Marr, to support the said lord Erskine, and dame Janet his wife, with all his power and interest, and with all his friends, in case she would consent to the foresaid marriage, in the recovery of the earldom of Marr, lord∣ship of Garrioch, &c. to which she had un∣doubted right; also in the recovery of all other lands they could pretend right to; and if the said sir Robert married his daughter, to support him in all things against all men, re∣ferring any differences that might happen be∣twixt them to the arbitration of friends,* 1.40 &c. This writ is dated 20th December, 1413.

Thomas lord Erskine died about the year 1419, and was succeeded by his eldest son,

VIII. ROBERT, eighth lord Erskine, who inherited all the virtues of his noble ance∣stors, and omitted no opportunity of exerting himself in defence of the liberties of his coun∣try.

In his father's lifetime he was, with many others of the Scotch nobility, taken prisoner at the battle of Homildon,* 1.41 anno 1402, and is then designed dominus de A••loa.

He was one of the Scotch commissioners ap∣pointed to treat about king James's liberty, in 1421;* 1.42 was one of the hostages for his ransom, anno 1424; and remained confined in Eng∣land till 1434.

Robert lord Erskine, in 1435, claimed the earldom of Marr, lordship of Garrioch, &c. to which, after the death of Isabel countess of Marr, and of earl Alexander her husband, he had right, and was become undoubted heir, being (as set forth in the preceeding title) only son of

1. Thomas lord Erskine, by dame Janet Keith his spouse, who was only child of

2. Sir Edward Keith, by Christian Men∣teith his spouse, who was daughter and heir∣ess of

3. Sir John Menteith, lord of Arran, Strathgartnie, and Knapdale, by his spouse la∣dy Elyne Marr, daughter of Gratney the e∣leventh earl, and sister of Donald the twelfth earl of Marr.

The first two articles were fully proven by witnesses,* 1.43 then alive, who swore thereto.

Lady Elyne's marriage with sir John Men∣teith, was proved by an in••e••tment from king David II. of the lands of Strathgartnie, to sir John Menteith,* 1.44 and Flyne, daughter of Grat∣ney earl of Marr, his spouse.

And as a further proof of Christian Men∣teith's being married to sir Edward Keith, he produced a charter from sir John Menteith, lord of Arran, &c. in favours of sir Edward Eeith, and Christian Menteith his dearest daughter,* 1.45 and their heirs, of the lands of Pir∣chock and Ludcairn.

He further shewed, that Thomas lord Er∣skine, his father, and dame Janet Keith his mother, had, with his consent, conveyed the haill said lands and barony of Pirchock and Ludcairn, in favours of Duncan of Wemyss, son of sir John Wemyss, and Elizabeth Er∣skine his spouse,* 1.46 their daughter, in free mar∣riage to them, their heirs, &c.

In consequence of these proofs, he was, upon the 22d April 1438, served heir to la∣dy Isabel Douglas, countess of Marr, &c. be∣fore the sheriff of Aberdeen, and an inquest of the most honourable gentlemen in the coun∣ty, whose seals are thereto appended, viz. sir Alexander Forbes, sheriff-depute of Aberdeen, Alexander of Irvine, John of Forbes, Gilbert of Hay, William of Forbes, knights, Andrew Keith of Inverugie, John of Ogistoun, John Thane, Alexander of Meldrum, John of Fy∣vie, Walter Barclay, Gilbert Menzies, John Bauss, William of Cadow, Andrew of Bu∣chan, Thomas of Allardice, Thomas of Twin∣am, William Reid,* 1.47 James of Skeen, James Cumin, Gilbert of Sanquhar, and John Mou∣at.

There is a precept for infefting Robert lord Erskine, as heir to Isabel countess of Marr,* 1.48 sealed and dated November 1438.

And an instrument of sasine following thereon,* 1.49 dated 21st November the same year.

After which lord Erskine took the title of earl of Marr, lord of Garrioch, &c. and granted many charters of lands belonging thereto.

Notwithstanding that Robert lord Erskine was acknowledged as earl of Marr, and acted as such, yet he was never entirely in peace∣able possession of that earldom; for king James II.'s council got an act passed in his first parliament, declaring, that whatsoever lands his majesty's father died possessed of, or had claimed,* 1.50 should remain with the king dur∣ing his minority.

By an indenture betwixt the king's coun∣cil, and Robert lord Erskine, calling himself earl of Marr, it was agreed, for the guid and quiet of the land, that the king shall deliver up to lord Erskine, the castle of Kildrimmie, to be kept by him till the king's majority; which done, the said lord shall come before the king, and three estates, and show his rights and claims as far as law will. And further, it is accordit, that half the revenues belonging to the earldom of Marr, shall re∣main with the said lord till the ending of the plea; and that whenever the said lord shall receive the castle of Kildrimmie, he shall de∣liver up not only the castle of Marr, but

likeways the castle of Dumbarton,* 1.51 dated 10th August 1440.

There is a protest taken by said lord Er∣skine, in the hands of Richard Cadie notar, in the presence of the king and council, in Stirling castle, 9th August 1442, complain∣ing upon the chancellor for refusing to retour him to the lordship of Garrioch, and put him in possession of the castle of Kildrimmie, pro∣testing, that he might and should be free to intromit at his own hand with the haill lands of Marr and Garrioch, &c.

And accordingly he immediately after be∣sieged and took the castle of Kildrimmie, whereupon the king seized the castle of Alloa.* 1.52

For the recovery of which there was an indenture entered into between the king and council on the one part, and lord Erskine on the other, by which lord Erskine oblige•• himself to deliver up the castle of Kildrim∣mie betwixt and the third July next, to any the king should appoint, to be kept by them till the king's majority, and then to be deliver∣ed up to either of them who should be found to have right to it, at the sight of the three estates, and to account to the king at his ma∣jority for the one half of the earldom of Marr. And the king and council on their part, o∣bliged themselves, ••hat so soon as the castle of Kildrimmie should be delivered up to th••se appointed by the king, his majesty should de∣liver up to lord Erskine his castle of Alloa, and all the furniture and warlike stores found therein. This indenture is sealed by the king's privy seal, and the seals of William bishop of Glasgow, and of James of Livingston, then keepers of the king's person; and the lords of Graeme and Gray bind themselves as cauti∣oners for the king and council's fulfilling their part of the indentures: and on the part of lord Erskine, his seal, and the seal of his son and heir sir Thomas Erskine, is affixed. And sir Henry Douglas of Lochleven, Thomas of Wemyss, and William Auchterlony of Kelly, bind themselves as cautioners for the father and son's performing their part of the inden∣tures, which bears date the 20th June 1448.* 1.53

On the 4th September 1449, sir Thoma•• Erskine appeared in parliament as procurator for his father, and took instruments in the hands of John Anthrie notar, that lord Er∣skine was ready to fulfil the terms of the above indenture, and that his right should not be prejudised by lapse of time,* 1.54 he being willing to submit all questions to be determined by a full and free parliament, suspected persons, burgesses, being removed.

There are many other protests taken by Robert lord Erskine, and his son sir Thomas, betwixt this time and the year 1456; but as they are all to the same purpose with the last mentioned one,* 1.55 it is unnecessary to insert more of them here.

At last, in the year 1457, the king brought a reduction against sir Thomas, now lord Er∣skine (his father being then dead) of his fa∣ther lord Erskine's service,* 1.56 above-mentioned, to Isabel countess of Marr.

The heads of the reduction are, 1st, That lord Erskine ought not to have been served heir,* 1.57 because there were no witnesses who could swear to his being come of Elyne of Marr, who was long since dead.

2dly, Because the said service was contra∣ry to the act of parliament, anent the king's keeping possession of all lands or rights his ma∣jesty's father was in possession of, or had claimed at the time of his decease.

3dly, Because Isabel countess of Marr was not the person who died last vested and fa••s∣ed in that earldom, but Alexander Stewart and Thomas his natural son, to both whom the king was heir.

4thly, Because the king himself was near∣est heir to Isabel countess of Marr, as being descended from Isabel of Marr, king Robert Bruce's first queen, mother of princess Mar∣jory; and Isabel of Marr being eldest daugh∣ter of Gratney earl of Marr, ought to be pre∣ferred to the descendents of Elyne her second sister in the earldom of Marr, which was an indivisable subject.

Upon these grounds an assize of error met at Aberdeen, where the king himself was pre∣sent, and they, by their verdict, dated 15th May 1457, reduced the service of Robert lord Erskine; and sound, that the king only had right to the earldom of Marr, lordship of Garrioch, &c.

This reduction was confirmed in parlia∣ment,* 1.58 5th November 1457.

But against all these proceedings, Thomas lord Erskine, entered his protest; and he and his posterity always continued to as∣sert their right to the earldom of Marr, and to complain of the violence with which they said it was wrested from them.

At last, in the reign of queen Mary, John, then lord Erskine, obtained leave to have this question tried a-new, and to have it determined by an inquest, whether he was nearest heir to Isabel countess of Marr or not. And lord Erskine having laid before the in∣quest the proofs of his propinquity, as above deduced, and shown, that there was nothing in the four reasons of reduction, at the in∣stance of the king, 1457;

1st, Because it never was before heard of, or pretended, that the proof of propinquity to one's ancestors, by undoubted records, was

not as valid as that by witnesses, which in many cases, by lapse of time, was rendered impossible. That if this was to be establish∣ed as a rule, the king would be found to have right to one half of the lands of Scotland, as well as to the earldom of Marr.

That as to the second reason, the act of parliament anent the king's keeping possessi∣on during his minority; that could be no rea∣son for reducing the service of Robert lord Erskine to Isabel countess of Marr, but only for not giving him possession till the king's majority.

That as to the third reason, that Isabel countess of Marr did not die last vested and saised, but earl Alexander her husband, and Thomas his natural son; it was of no weight, because that Alexander was only saised of that estate in right of liferent, failing issue of the marriage, as appeared by the charter of the said countess Isabel, and earl Alexander, dated 9th December 1404.

And which is confirmed by king Robert's charter of confirmation, 21st January 1404-5, by which it undeniably appears, that the charter of resignation by Isabel countess of Marr, 12th August 1404, was altered both by the parties concerned, and their sovereign lord the king; and therefore the resignation and charter that followed thereon, 28th May 1426, in favours of the said Alexander, and Thomas his natural son (who died before him without issue) was null and void.

That as to the fourth reason, that Isabel of Marr, queen to Robert Bruce, was daughter to Gratney earl of Marr, and eldest sister to Elyne, who married sir John Menteith; that it was well known, that Isabel of Marr, queen to Robert Bruce, was sister to Gratney earl of Marr▪ and not his daughter, but daughter to 〈…〉〈…〉∣earl of Marr, his father, which was fully proved by Gratney earl of Marr being always stiled, in king Robert's charters, his brother, but never his father.

The inquest accordingly met, and found by their retour, dated 5th May 1555, that he was the nearest heir to Robert earl of Marr and 〈◊〉〈◊〉, lord Erskine, &c. which Ro∣bert was 〈◊〉〈◊〉 heir to Isabel countess of Marr, and to Gratney earl of Marr, her great grand-father.

And in 1562, he was restored to the earl∣dom of Marr, per u••dum justitiae, which was ratified in parliament, 4th June 1563.

He obtained a charter under the great seal, as heir to lady Isabel countess of Marr, of the whole estate and earldom of Marr, comprehending Strathdon, Braemarr, Cromarr, St••athd••e, and lordship of Garrioch, &c. 23d June 1565.

And there is an instrument of sasine, dated the 25th of July thereafter.

The lands above-mentioned, having been all in non-entry from the year 1435, to the 1565, being 130 years.

We have chosen to give the reader the whole of this remarkable suit at one view, and shall now return to

Robert, first earl of Marr, of the name of Erskine,* 1.59 who married a daughter of Robert Stewart, lord of Lorn and Innermeath, by whom he had a son,

Thomas, his heir,—and a daughter,

Elizabeth, married to sir Henry Douglas of Lochleven.

He died anno 1453, and was succeeded by his son,

IX. THOMAS, ninth lord Erskine, and se∣cond earl of Marr of the name of Erskine.

Although this noble lord seems to have had good reason to be offended with the court, for denying him in such an extraordi∣nary manner, what he had a just title to, as above set forth; yet he was a man of such honour and integrity, that nothing could shake his loyalty and affection to his prince: and we find him in the very year 1457, in which he was dispossessed of the earldom of Marr, employed in many negotiations of state,* 1.60 and was then one of the guarantees of a treaty with the English.

He was also a firm and steady friend of king James III. and entered into none of the cabals with the rest of the nobility against him, but continued stedfast in his loyalty to him to the very last, notwithstanding the king had taken from him the castle of Stir∣ling, which had been enjoyed for many gene∣rations by his ancestors.

He appears to have been possessed of a vast estate,* 1.61 by the different charters, under the great seal, granted to him, of many great ba∣ronies and other lands, betwixt the 1460 and 1480.

He married lady Janet Douglas, daughter of James earl of Morton,* 1.62 by lady Jean Stew∣art his wife, daughter of king James I. and by her had a son,

Alexander, his heir,—and three daugh∣ters.

1. Elizabeth, married to sir Alexander Se∣ton of Touch.

2. Mary, married to William Livingston of Kilsyth.

3. Muricla, married to the second earl of Marishall.

He was succeeded by his son,

X. ALEXANDER, tenth lord Erskine, and

third earl of Marr of the Erskine family, who was always in great favour with king James IV. having been intrusted with the keeping of him in his minority,* 1.63 and was by his maje∣sty appointed one of his privy council, and restored to the government of the castle of Dunbarton.

He got a charter under the great seal, upon his father's resignation, Alexandro filio et haere∣di Thomae domini Erskine, of the lands and ba∣rony of Alloa, forestry of Clackmannan, Nis∣bet, and Dunglass in Roxburgh-shire, Calin-house, Tulch-Gorme, and Middlestead, in Stirling-shire, Pittarrow, in Forfar-shire, the barony of Kelly, in Aberdeen-shire, Balma∣kellie and Newton,* 1.64 in Kincardine-shire, and one hundred pounds out of the customs of A∣berdeen, &c. &c. 12th August 1489.

There are many charters under the great seal,* 1.65 Alexandro domino Erskine, of baronies and other lands, betwixt 1490 and 1500.

He married, 1st, Christian, daughter of sir Robert Crichton of Sanquhar, ancestor of the earl of Dumfries.

He married, 2dly, Helen, daughter of A∣lexander first lord Home, widow of Adam, son and heir of sir Patrick Hepburn lord of Hailes,* 1.66 by whom he had three sons, and two daughters.

1. Robert, his heir.

2. Mr. Alexander Erskine.

3. Walter Erskine of Over-Donottars.

1st daughter, lady Christian, married to sir David Stewart of Rosyth.

2. Lady Agnes, married to sir William Menteith of Carse.

He was a most liberal benefactor to the re∣ligious. He founded and largely indowed a chaplainry at Alloa,* 1.67 for the safety of the souls of the late king James III. and the pre∣sent king James, and for the souls of Christi∣an his late spouse, and Helen Home his pre∣sent, and all his ancestors,* 1.68 his heirs and suc∣cessors, &c.

He died before the year 1510, and was succeeded by his eldest son,

XI. ROBERT, eleventh lord Erskine, and fourth earl of Marr, who, in his father's life∣time, anno 1506, got a charter under the great seal,* 1.69 Roberto magistro de Erskine, officii vicecomitatus de Stirling, to him and his heirs for ever.

He also appears to have been heretable sheriff of Selkirk.

There is likeways a charter, Roberto magi∣stro de Erskine, of the barony of Sinton,* 1.70 anno 1507. After his father's death, he got char∣ters, under the great seal, of many lands and baronies, in 1510 and 1511.

He married Elizabeth, daughter of sir George Campbell of Loudoun, by whom he had five sons, and four daughters.

1. Robert, who died before his father, un∣married.

2. John, his heir.

3. James of Little-Sauchie, ancestor of the Erskines of Balgony.

4. Alexander, parson of Monnybreck.

5. William.

1st daughter, lady Catharine, married to Alexander second lord Elphingston.

2. Lady Margaret, married, 1st, to John Haldane of Gleneagles; 2dly, to George Home of Lawndies.

3. Lady Elizabeth, married to sir James Forbes of Torwood.

4. Lady Janet, married to John Murray of Touchaddam.

He accompanied king James IV. to the fa∣tal field of Floudon, where he lost his life, with his royal master, anno 1513.

He was succeeded by his son,

XII. JOHN, twelfth lord Erskine, and fifth earl of Marr, who, in the beginning of the year 1515, was sent to France by the e∣states of the kingdom,* 1.71 to endeavour to get Scotland included in their treaty with the English; and immediately upon his return, being a man of great abilities, singular probi∣ty and honour, was intrusted with the keep∣ing of the young king James V. and was ap∣pointed governor of Stirling castle, where the king and he resided; and he acquitted himself in that great charge so much to his majesty's satisfaction,* 1.72 that he held him in high esteem ever after.

In the year 1517,* 1.73 John lord Erskine is one of the guarantees of a treaty with the En∣glish.

There is a charter 15th May 1525, con∣stituting John lord Erskine, and his heirs, captain and constable of the castle of Stirling, together with the keeping of his majesty's parks and wards of the same, with apparte∣nances, and all lands, sees, profits, privileges, devoirs,* 1.74 customs, duties, sicklike, and as free∣ly, as he or any of his ancestors had done heretofore.

In the year 1534, he was sent ambassador to the court of England, to negotiate some matters of the highest importance,* 1.75 and con∣cluded a treaty with that nation to the satis∣faction of his royal master.

He accompanied king James to France,* 1.76 when he went to marry princess Magdalene de Valois, daughter of Francis I. anno 1537.

After the death of James V. 1542, the keeping of his insant sovereign was commit∣ted

to him. Indeed the care and keeping of the king's children had been so often given to this family, that they now claimed it as their privilege, and actually enjoyed the same, till such time as king James VI. suc∣ceeded to the crown of England. He dis∣charged his duty in that high and difficult trust of the guardianship of his young sovereign with the greatest fidelity and prudence;* 1.77 and though this noble lord was one of those that inclined to the reformation, then beginning in Scotland, yet he always steadily and vigorous∣ly opposed the practices of the court of Eng∣land, which he thought inconsistent with the honour and independency of his country, and showed himself equally incapable of being moved by English gold, or the threatenings of a party. Queen Mary remained in his keeping till the year 1548, when the estates of the kingdom, to avoid the practices of the court of England, and of the faction in Scot∣land that had joined with them, thought pro∣per to order him to carry the queen to the court of France,* 1.78 there to be educated under the eye and care of Francis I. which he ac∣cordingly did, and delivered her safe into the hands of that monarch, and immediately re∣turned home.

By many charters in the public records,* 1.79 inter 1516 et 1540, of the different lands and baronies he was possest of, he appears to have had an immense estate.

He married lady Margaret Campbell, eldest daughter to Archibald second earl of Argyle,* 1.80 by whom he had six sons, and two daughters.

1. Robert, master of Erskine, who marri∣ed lady Margaret Graeme, daughter of Willi∣am earl of Montrose.* 1.81 He got a charter, up∣on the resignation of his father, under the great seal, to Robert master of Erskine, and Margaret Graeme his spouse, of the lands and barony of Kelly, in Aberdeen-shire, 20th May 1536.* 1.82 He was taken prisoner at Sol∣way-moss, and ransomed, anno 1543. He was killed at the battle of Pinkie 1547, without lawful issue; but left a natural son by Mrs. Jean Home, Mr. David Erskine, commenda∣tor of Dryburgh, of whom the Erskines of Seafield are descended.

2. Thomas, master of Erskine, a youth of great hopes. He, when a young man, was one of the secret council who got the Scots included in the treaty betwixt England and France,* 1.83 anno 1551, and that same year he was one of the Scotch ambassadors appointed to treat with the court of England.* 1.84 He mar∣ried Margaret, daughter of Malcolm lord Fle∣ming, but died also without lawful issue. He left a natural son, Adam Erskine, commendator of Cambuskenneth, who, with his cousin, the commendator of Dryburgh, and the famous George Buchanan, were preceptors to king James VI.

3. John, his father's heir.

4. Sir Alexander Erskine of Gogar, ance∣stor of the earls of Kelly, commonly design∣ed by our historians master of Marr.

5. Sir George Erskine of Innerteel, one of the senators of the college of justice.

6. Sir James Erskine of Tillybody.

1st daughter, lady Elizabeth, married to Walter Seton of Touch, and had issue.

2. Lady Margaret, mother to James prior of St. Andrews, and earl of Murray, by James V. She afterwards married sir Robert Douglas of Lochleven, ancestor of the earl of Morton.

He died anno 1552, and was succeeded by his son,

XIII. JOHN, thirteenth lord Erskine, and sixth earl of Marr, who was a man of unble∣mished honour and integrity; and although he was concerned in every transaction of im∣portance in this country, from his father's death till his own, yet he conducted himself so in those factious unquiet times, that he is allowed by the historians of both sides to have been a steady friend to his country, and a man of as unspotted a character as any person then upon the stage.

Being born a younger brother, he was e∣ducated for the church, and was, when very young,* 1.85 by king James V. appointed commen∣dator of Cambuskenneth, and Inchmahomo in Perth-shire.

Immediately after his father's death, he was appointed governor of the castle of Edin∣burgh,* 1.86 which, to the satisfaction of the nati∣on, he nobly kept against all foreigners, both French and English. Immediately upon queen Mary's return from France, anno 1561, he was nominated one of her privy council, and got from her several grants of church lands, at that time newly dissolved.

He then likeways, as has been beforemen∣tioned, renewed his claim to the earldom of Marr, and obtained liberty to have that cause re-heard; and his right being clearly and di∣stinctly proven, he was restored, per modum justitiae, to the earldom of Mair, lordship of Garrioch, &c. anno 1562. The same was af∣terwards ratified and confirmed by parliament, 4th June 1563, as before observed. He took his seat accordingly as earl of Marr,* 1.87 and he and his successors have always since protested, that they ought to be called as the first earl.

There is a charter from queen Mary and king Henry,* 1.88 to John earl of Marr, 18th Ju∣ly 1566, narrating, that the family of Erskine of long and bygone times had the custody and

keeping of the principal forts and places of strength in the kingdom, and had always dis∣charged their trust faithfully and stoutly; and their majesties being desirous to keep no∣ble, antient, and untainted families in their native lands, rights, and possessions, and to make them secure of the same; and particu∣larly considering, that John earl of Marr, and his predecessors, had, for a long time by∣gone, been keepers of the castle of Stirling, and sheriffs of the shire thereof; therefore they gave and granted, heretably and irre∣deemably, to the said earl of Marr, and his heirs, bearing the arms and sirname of Er∣skine, the office of sheriff of Stirling-shire, or the prefecture or captainship, and custody of the castle of Stirling, with the park, garden, &c. &c.* 1.89 together with the office of bailiary and chamberlainry of the lands and lordship of Stirling, and of the water of Forth, &c.

In the year 1566, how soon king James VI. was born, the care and keeping of him was committed to the earl of Marr, which great trust he faithfully discharged, and with great prudence and firmness, took all imagin∣able care of his royal education, and to pro∣tect his sacred person from the violence and snares of the two contending parties, who left no means whatsoever untried of getting him into their hands.* 1.90 For this reason he remov∣ed the king from Edinburgh to Stirling, where he was governor, and had the sole command. Although he always behaved with the utmost submission to the queen, and had the greatest regard for her majesty, yet the unhappy situation of his country at that time forced him to concur with those who set the crown on the prince's head, anno 1567. And as he appears not to have been satisfied with the intentions of either of the parties, nor with their method of pursuing them, he de∣clined being engaged on either side, further than the preservation of the king's person, and the liberties of his country made it abso∣lutely necessary for him to be. And altho', when the factions came to blows, he general∣ly joined and supported the party that called themselves the king's, yet as he plainly show∣ed that he thought them too much guided and influenced by the court of England, it is certain they never let him into any of their secrets.

When the earl of Lennox, the regent, was surprized, and killed in the town of Stir∣ling, he, by the timely assistance he brought to the king's party, prevented the whole heads of it from being cut off or made prisoners: and when a new regent was to be chosen, the confidence that the nation in general had in the earl of Marr's integrity and moderation, forced the king's party to consent to his be∣ing made regent, notwithstanding all the practices used by queen Elizabeth and her ambassadors to prevent it.

So soon as he was in possession of that high office, he applied himself vigorously to allay, as far as possible, the factions which tore his country in pieces, and to free it from the influence of English councils. In order to these things he had accomodated matters with Kirkcaldie of Grange,* 1.91 and others who were in possession of the castle of Edinburgh, and persuaded them to join and co-operate with him, to bring about peace and tranquillity, thing so much to be wished for: but just when he was on the point of bringing these good purposes to bear, he, to the great mis∣fortune of his country, died a young man, in November 1572; as some say, not without the suspicion of poison.

He married Annabella Murray, daughter of lord Tullibardine, by whom he had a son,

John, his heir,—and a daughter,

Lady Margaret, married to Archibald earl of Angus.

He was succeeded by his son,

XIV. JOHN, fourteenth lord Erskine, and seventh earl of Marr, who was very young at the time of his father's death, and was edu∣cated in the castle of Stirling, along with king James VI. whom the states of the king∣dom, after the death of lord Marr, commit∣ted to the care of his widow the countess of Marr; and though this earl had been edu∣cated with king James, yet he, in his young∣er days, was so far seduced by some others of the nobility, as to forget himself, and the un∣blemished loyalty of his ancestors, and to join with them in surprizing the king at Ruth••en, anno 1582, for which his whole lands were justly seized, and he obliged to fly the coun∣try: however, he soon became sensible of the crime he had committed,* 1.92 and the king was so gracious as to pardon him, restore to him his whole estate, and receive him again into his favour.

In the year 1595, the king intrusted the keeping of his new born son and heir, as usu∣al, to the earl of Marr, with a strict order to him not to deliver him up to any person whatever,* 1.93 without a written mandate under his own hand; and, in case of his death, not to deliver him to any person whatsomever, neither to the queen his mother, nor even to the parliament, if they required it, till he was eighteen years of age, then he would com∣mand himself.

Lord Marr was naturally a man of great abilities, and being bred from his infancy in

the factious court of king James VI. he be∣came an able statesman. He was the person the king chose to send to England, to con∣gratulate queen Elizabeth upon the suppressi∣on of the attempt of the earl of Essex.* 1.94 And it is acknowledged, he entered into some se∣cret negotiations and measures for securing the king's succession to the crown of England. He was accompanied by the abbot of Kinloss, and matters were managed with such dexteri∣ty and address, that most of the queen's mi∣nisters and great men of England, entered in∣to engagements, unknown to her majesty, and to one another, to support king James's title to the crown of England.

When king James went to England, anno 1603, he carried lord Marr along with him; but before he came to York, lord Marr was obliged to return to Scotland to appease queen Anne, who had demanded her daughter prin∣cess Elizabeth, and her son prince Charles, whom lord Marr had left under the care of his countess, with express command, not to deliver them to any person whatever, with∣out an order under his hand. It is said, that the queen never forgave him this,

However, immediately thereafter he fol∣lowed the king to England, and so soon as he got to London he was appointed a privy coun∣cillor of that kingdom, and was enstalled one of the knights of the garter at Windsor 1603.

He continued much at court, and greatly in the king's favour, for the first eight or ten years after he went to England, who entrust∣ed and confided much in him with regard to the management of foreign affairs, and he was said to be at the head of the French saction, as it was then called.

On the 3d of February 1620, he obtained a charter, upon his own resignation, of the earldom of Marr, lordship of Strathdon, and Strathdee, of Garrioch, and Alloa, &c. toge∣ther with the heretable offices of captainship of the castle of Stirling, and sheriff of the shire thereof, chamberlainry of the lordship of Stirling, Menteith, Br••chin, and Navarre, bailiary and admiralty of the water of Forth, to him and his heirs.* 1.95 This charter has a de novo damus erecting the whole lordships, lands, offices, &c. contained therein, into one whole and free earldom of Marr, and declares infeft∣ment, taken at the tower or castle of Alloa, shall be sufficient for the whole.

Soon after the death of Henry prince of Wales, whose education he had had the care of, he left the court, and returned to Scot∣land, where he was made lord high treasurer, in which office he continued till the 1631, that he resigned it, and retired to the coun∣try from all public business.

It does not appear that he received from his royal master any gratuities in England, but he was most bountiful to him in his grants of lands in Scotland; by which, and his paternal possessions, he became possest of one of the greatest estates of any person in this kingdom.

He married, 1st, Anne, daughter of David lord Drummond, by whom he had a son,

John, his heir.

He married, 2dly, lady Mary Stewart, daughter of Esme, and sister of Ludovick duke of Lennox, by whom he had seven sons and four daughters.

1. James, earl of Buchan.

2. Henry, lord Cardross, ancestor of the present earl of Buchan, (vide p. 97th of this work.) Lord Marr, having in 1604 obtained the peerage of Cardross, with power to as∣sign it to any of his sons he thought proper, he accordingly disponed it to his son Henry, who, in consequence thereof, sat as lord Car∣dross in the parliament of Scotland even dur∣ing his father's life.

3. Sir Alexander Erskine, one of the se∣nators of the college of justice, who was blown up in Dunglass house, anno 1640, without is∣sue.

4. Sir Charles Erskine of Alva, of whom the present sir Harry Erskine, the late Charles Erskine of Tinwald lord justice-clerk, his son lord Barjarg, &c. are descended.

5. Sir John Erskine of Otterstown.

6. Sir Arthur Erskine of Scotscraig.

7. William Erskine, cup-bearer to king Charles II. and master of the charter-house at London.

1st daughter, lady Mary, married, 1st, to William sixth earl marishal, and had issue; 2dly, to Patrick earl of Panmure; but to him she had no issue.

2. Lady Anne, married to John earl of Rothes, and by him was mother of John duke of Rothes.

3. Lady Margaret, married to John earl of Kinghorn, ancestor of the earl of Strath∣more, without issue.

4. Lady Katharine, married to Thomas second earl of Hadmton, and had issue.

John earl of Marr died in an advanced age in the year 1634, and was succeeded by his son,

XV. JOHN, fifteenth lord Erskine, and eighth earl of Marr, who was a man of learn∣ing, and a great projector, whereby he spent a considerable part of his estate.

He was made one of the knights of the bath, at the coronation of Henry prince of Wales, anno 1610.

He was appointed one of his majesty's pri∣vy council in Scotland, one of the senators of the college of justice, and governor of the castle of Edinburgh, anno 1615.

He continued a lord of session till the year 1626.

He was removed from being governor of the castle of Edinburgh anno 1638, and ge∣neral Ruthven put in his place.

In the same year, king Charles having formed the design of purchasing all the here∣table jurisdictions, prevailed with lord Marr, to enter into a minute with him, obliging himself to sell to his majesty the heretable sheriff-ship of Stirling-shire, and the bailiary of the water of Forth, for the sum of eight thousand pound sterling; dated at Whitehall, 15th February 1638. And accordingly the earl resigned these two offices,* 1.96 4th November 1641, and of the same date, gets a bond for the eight thousand pound.

Upon the first breaking out of the great rebellion in king Charles the I.'s time, he appears to have inclined to join with the co∣venanters, and was by them appointed a privy councillor for life,* 1.97 anno 1641; but so soon as he discovered their true intention, he openly deserted them, joined the loyal party, and continued to act steadily with them as long as he lived; and on that account, he had his estate sequestrated,* 1.98 and suffered many other hardships.

He sold many of his lands in Scotland, and purchased a large estate in Ireland,* 1.99 which he and his family totally lost in the Irish rebellion.

He married lady Christian Hay, daughter of Francis ninth earl of Errol, by whom he had three sons and two daughters.

1. John, his heir.

2. Sir Francis Erskine.

3. William Erskine.

The last two died without issue.

1st daughter, lady Elizabeth, married to Archibald second lord Napier, to whom she had two sons and three daughters.

2. Lady Mary Erskine, who died unmar∣ried.

He died anno 1654, and was succeeded by his son,

XVI. JOHN, sixteenth lord Erskine, and ninth earl of Marr, who, in his father's life∣time, got charters under the great seal, Jo∣hanni domino Erskine, totius comitatus de Marr, &c. &c. This is instructed by several char∣ters in the public register, between the years 1640 and 1642

He was a man of great honour and merit, and invariably attached to the interest of his king and country.

He was much courted by the covenanters and their party, to accept of a command in their army: But, upon his absolute refusal to have any connection with them,* 1.100 the command designed for him in their army, together with the Stirling-shire regiment, was given to lord Livingston.

He having joined with the marquis of Montrose, the parliament ordered his houses of Erskine and Alloa to be plundered.

After the battle of Kilsyth, he advertised the marquis of Montrose of general Lesly's advancing against him, and warned him of the danger he was in.* 1.101 But this could not prevent the fatal battle of Philiphaugh, from whence he, (then only lord Erskine) with great difficulty, made his escape to his father's estate in Marr, where he raised some of the friends and vassals of his family for his ma∣jesty's service. For these, and his other loy∣al actions,* 1.102 the parliament fined him in 24,000 merks, to be disposed of by general Lesly's advice, anno 1645.

After his father's death, he had several fines imposed upon him, though his whole estate was sequestrated, and continued so till the re∣storation; during which time, he lived pri∣vately in a little cottage at the gate of his house of Alloa.* 1.103

After the restoration, he got charters un∣der the great seal,* 1.104 from king Charles II. Johanni comiti de Marr, of many lands and baronies, inter 1662 et 1664.

He married,* 1.105 1st, lady Mary Scot, daugh∣ter of Walter earl of Buccleugh, by whom he had no surviving issue.

He married, 2dly, lady Mary MacKenzie, daughter of George earl of Seaforth,* 1.106 by whom he had two sons and three daughters,

1. Charles, his heir.

2. George, who died young.

1st daughter, lady Barbara, married to James marquis of Douglas.

2. lady Jean, married to John eleventh earl of Glencairn.

3. lady Sophia, married to Alexander lord Pit••••igo. They all had issue.

He died, anno 1664, and was succeeded by his eldest son,

XVII. CHARLES, seventeenth lord Er∣skine, and tenth earl of Marr, who, tho' he died a young man, yet, he showed himself, while he lived, worthy of his ancestors, and strongly attached to the interest of his country.

King Charles the II. appointed him one of the lords of his privy council, anno 1682.

About the same time, he raised a regiment of foot upon his own expences for his maje∣sty's service, which has since been known by

the name of the Scotch Fuzileers; and he continued colonel of this regiment till he died.

The great debts his grandfather and father had been obliged to contract, during the time of the grand rebellion, obliged him to sell a great part of his estate; and, among other lands, the lordship of Erskine, which had never before been out of the family, and which is now possest by the lord Blantyre.

Although he was one of king James VII.'s privy councillors, yet he was far from approving of the measures followed in the latter end of that reign, and had actually left his house in order to retire and live privately abroad, when the news of king William's landing came to Scotland.

He joined the convention of estates, and raised a large body of his vassals and follow∣ers in support thereof; but dyed very soon thereafter.

He married lady Mary Maule, daughter of George earl of Panmure, by whom he had eight sons, and one daughter. Two of his sons were named Charles, two of them George, and one by the name of Francis, who all died young.

The surviving sons were,

1. John, his heir.

2. James Erskine of Grange, a man of ex∣traordinary abilities, who, being bred to the law, became so eminent in that profession, when very young, that he was by her maje∣sty queen Anne, appointed one of the se∣nators of the college of justice, anno 1706, and thereafter lord justice-clerk; in which offices he had many opportunities of display∣ing the great talents he was possessed of.

3. Colonel Henry Erskine, a young man of a great military genius, who was unfortu∣nately killed at the battle of Almanza in Spain, anno 1707.

His daughter, lady Jean, married to sir Hugh Paterson of Bannockburn, and had is∣sue.

He died in the slower of his age, in 1689, and was succeeded by his son,

XVIII. JOHN, eighteenth lord Erskine, and eleventh earl of Marr, who was a man of the most shining parts, and greatest capacity, of most men in the age he lived in.

He was very young when his father died, and, upon his becoming of age, was appointed one of the lords of the privy council in Scot∣land, had the command of a regiment of foot, and was made knight of the most noble order of St. Andrew.

In the year 1705, he was made one of the principal secretaries of state for Scotland, and, the year following, was appointed one of the commissioners for the treaty of union betwixt the two nations. He joined and concurred heartily with others of the Scotch nobility, who at last brought that great affair to a con∣clusion, notwithstanding the great opposition it met with from several other Scotch lords, whose spirited protests are still preserved in the records of that parliament.

He was elected one of the sixteen peers for Scotland, to the four first British parlia∣ments, viz. in the years 1707, 1708, 1710, and 1713.

In the year 1708, he was appointed one of the lords of the privy council, and was al∣ways in the greatest favour with his royal mistress queen Anne, who was thought to confide in him more than in most men, with regard to her most secret councils and affairs of state.

And in the year 1712, she again appoint∣ed him one of the principal secretaries of state.

Upon the accession of king George the I. he was deprived of all his offices, and, in the year 1715, he retired to his estate in the North of Scotland, where he, unhappily for his coun∣try and himself, raised a rebellion, and pro∣claimed the pretender at Kirkmichael in Perth-shire, on the 11th of September that year; and being joined by several of the dis∣affected nobility and gentry, he got together about 6 or 7000 men, most of them unarm∣ed, and all undisciplined, who rendesvouzed at Perth about the beginning of November, from whence they marched to Sheriff-muir, near Dumblane, where, on the 13th of that month, being met by the king's army, com∣manded by John duke of Argyle, inferior in numbers, but superior in regularity and dis∣cipline, a smart engagement ensued, in which a good deal of blood was shed on both sides. The earl of Marr behaved like a brave officer, having his horse shot under him, and showing every token of spirit and gallantry, but neither of the generals could claim the victory, the duke retiring to Stirling, and the earl to Perth: however, it had all the effect of a victory to the government, for the earl of Marr was never, after his retreat to Perth, able again to bring the rebels forces together, but was obliged to make his escape beyond seas, and in the year 1716, was attainted of high trea∣son, along with the duke of Ormond and lord Bolingbroke, and their honours and estates were forfeited to the crown.

This unhappy lord, after his going abroad, followed the pretender to Rome, and remain∣ed in his service till the year 1721. He then went to Paris, and continued there till 1729; when, on the account of his bad

state of health, he was obliged to go to Aix la Chapelle, where he continued till his death, Which happened in May 1732.

His estate was sold by the commissioners of enquiry into the forfeited estates, and bought by the earl's brother, the said Mr. Erskine of Grange, for the benefit of his nephew lord Er∣skine, to whom Mr. Erskine conveyed the same, anno 1739.

This earl married, 1st, lady Margaret Hay, daughter of Thomas earl of Kinnoul, by whom he had two sons,

1. John, who died an infant.

2. Thomas, now lord Erskine.

He married 2dly, lady Frances Pierpont, daughter of Evelyn duke of Kingston, in England, by whom he had one daughter,

Lady Frances Erskine, on whom king George the I. was graciously pleased to settle, out of her father's estate, the same fortune she was intitled to by her mother's marriage-set∣tlement.

His majesty was likewise pleased to give the countess of Marr, from the time of her husband's attainder, the same jointure she was intitled to by her marriage-settlements in case of his death.

Lady Frances Erskine, married her cousin James Erskine, son of her uncle Mr. Erskine of Grange, and has issue two sons, John-Fran∣cis, and James-Francis Erskines, both officers in the British service.

XIX. THOMAS lord Erskine, only son of John late earl of Marr, is in possession of his estate in the manner above-mentioned: and, had it not been for his father's attainder, would have been the thirteenth earl of Marr of this family, and nineteenth lord Erskine, in a direct line from father to son.

He married lady Charlotte Hope, daughter of Charles earl of Hopeton.

ARMS.

Quarterly; 1st and 4th argent, a pale sable for Erskine; 2d and 3d azure, a bend be∣tween six cross croslets fitchee or, for the title of Marr.

CREST; on a wreath a dexter hand coup∣ed above the wrist, holding a dagger erect, proper, the pommel and hilt or.

SUPPORTERS; two griffins argent, beak∣ed winged, and armed or.

MOTTO; Je pense plus.

CHIEF SEATS,

Were Alloa, castle of Kildrimmie, Castle-town of Marr, at Stirling, &c.

Notes

• * 1.1

  Chartulary of Paisley, penes com. de Dun∣donald.
• * 1.2

  Prynne's col∣lections.
• * 1.3

  Chartulary of Paisley
• * 1.4

  Ibidem.
• * 1.5

  Book of ori∣ginal writs, penes Mac-Farlane.
• * 1.6

  Rymer, tom. III. p. 657.
• * 1.7

  Book of ori∣ginal writs, penes Mac-Farlane, vol. I.
• * 1.8

  M. S. hist. of the family of Marr.
• * 1.9

  History of the royal family, p. 54.
• * 1.10

  Abercromby, &c.
• * 1.11

  Ibid. Craw∣furd, &c.
• * 1.12

  Writs of the family of Fin∣later, &c.
• * 1.13

  Lives of the offic. of state.
• * 1.14

  Writs of the family of Marr.
• * 1.15

  Rymer, tom. V. p 618.
• * 1.16

  Chart. in pub. archiv and lives of the offic. of state.
• * 1.17

  Rymer, tom. V. p. 711, 736, & 791.
• * 1.18

  Fordun, vol. II. p. 362.
• * 1.19

  Rymer, tom VI. p. 17, & 35.
• * 1.20

  Writs of the family of Marr.
• * 1.21

  Lives of the offic. of state, & writs of the family of Marr.
• * 1.22

  Rymer, tom. VI.
• * 1.23

  Ibid. p. 534.
• * 1.24

  Ibid. p. 570, and writs of the family of Marr.
• * 1.25

  Fordun, vol. II. p. 369, & 382.
• * 1.26

  Chart. in ar∣chiv. regis David & Rob. II.
• * 1.27

  Writs of the family of Marr.
• * 1.28

  Chart. in pub. archiv.
• * 1.29

  Rymer.
• * 1.30

  Rymer, tom. VI. p. 399.
• * 1.31

  Fordun, vol. II. p. 399.
• * 1.32

  Rymer, tom. VII. p. 788.
• * 1.33

  Ibidem, et chart. in pub. archiv.
• * 1.34

  Chart. in archiv. Rob. III ad ann. 1393.
• * 1.35

  Writs of the family of Marr.
• * 1.36

  Ibidem.
• * 1.37

  Ibidem.
• * 1.38

  Chart. in ar∣chiv. fam. de Marr.
• * 1.39

  The original i••denture in th•• archives of the family of Douglas.
• * 1.40

  Writs of the family of Marr.
• * 1.41

  Fordun, vol. II. p. 435.
• * 1.42

  Rymer, tom. X p. 307, 446, &c.
• * 1.43

  Writs of the fam. of Marr.
• * 1.44

  Ibidem.
• * 1.45

  Ibidem.
• * 1.46

  Ibidem.
• * 1.47

  Ibidem.
• * 1.48

  Ibidem.
• * 1.49

  Ibidem.
• * 1.50

  Ibidem.
• * 1.51

  Writs of the fam. of Marr.
• * 1.52

  Ibidem.
• * 1.53

  Ibidem.
• * 1.54

  Ibidem.
• * 1.55

  Ibidem.
• * 1.56

  Ibidem.
• * 1.57

  In pub. ar∣chiv.
• * 1.58

  Records of parliament.
• * 1.59

  Stewart's hi∣story of the royal family.
• * 1.60

  Rymer, tom. XI. p. 40••.
• * 1.61

  Chart. in ar∣chiv. Jacobi III. et archiv. fam. de Marr.
• * 1.62

  Writs of the fam. of Mor∣ton.
• * 1.63

  Chart. in ar∣chiv. Jacobi IV. et archiv. fam. de Marr.
• * 1.64

  Ibidem, and Haddington's collections.
• * 1.65

  Chart. in pub. archiv.
• * 1.66

  Archiv. fam. de Marr.
• * 1.67

  Chart. in pub. archiv.
• * 1.68

  Ibidem.
• * 1.69

  Ibidem.
• * 1.70

  Ibidem.
• * 1.71

  Rymer, tom. XIII. p. 509.
• * 1.72

  Hathornden.
• * 1.73

  Rymer tom. XIII. p. 60••
• * 1.74

  Writs of the fam. of Marr.
• * 1.75

  Rymer, tom. XIV. p. 540.
• * 1.76

  Hathornden, and Stewart's history.
• * 1.77

  All our histo∣rians.
• * 1.78

  Ibidem.
• * 1.79

  Chart. in pub. archiv. et in archiv. fa∣miliae de Marr.
• * 1.80

  Ibidem.
• * 1.81

  Charta penes duc••m de Montrose.
• * 1.82

  Rymer, tom. XIV. p. 796.
• * 1.83

  Ibidem, tom. XV. p. 255.
• * 1.84

  Ibidem.
• * 1.85

  Keith's bi∣shops.
• * 1.86

  In archiv. fa∣miliae de Marr.
• * 1.87

  Rolls of par∣liament.
• * 1.88

  In archiv. 〈…〉〈…〉 Marr.
• * 1.89

  Ibidem.
• * 1.90

  Melvil's me∣moirs, and all our histo∣rians.
• * 1.91

  Ibidem.
• * 1.92

  Chart. in pub. archiv. et ••a∣mil. de Marr.
• * 1.93

  Ibidem.
• * 1.94

  Melvil, & all our historians.
• * 1.95

  Chart. in ar∣chiv is fam. de Marr, et in pub. archi∣vis.
• * 1.96

  Writs of the family of Marr.
• * 1.97

  Rescinded acts of parlt.
• * 1.98

  Guthry's me∣moirs.
• * 1.99

  Writs of the fam. of Marr.
• * 1.100

  Guthry's me∣moirs, p. 60. and 70.
• * 1.101

  Guthry's memoirs.
• * 1.102

  Minutes of parliament.
• * 1.103

  Ibidem.
• * 1.104

  Chart. in pub. archiv.
• * 1.105

  Writs of the fam. of Buc∣cleuch.
• * 1.106

  Writs of the family of Seaforth.