Page:The Complete Peerage Ed 1 Vol 1.djvu/57

 ABOYNE. 35 II. 1G3G. 2. James (Gordon), Viscount Abotne [S.], 2nd s., but h. to the title Under the spec. rem. He was a consistent anil active supporter of the Hoyal Cause, in which behalf he took and held Dumfries. He was excommunicated by the Gen. Assembly at Edinburgh, 24 April 1644. He joined Montrose in Mentcith in April 104. r ', and on 2 July following became (by the death of his elder br.) 1st surv. 8. and h. ap. of his Father. He was excepted from pardon in 16 IS, and made his escape to France. He (/. utiin. at Paris, Feb. 1648-9, a few days after (and, it is said, from grief occasioned by) the execution of his Royal .Master (30 .Ian.), and a few days previous to the execution of his Father (19 March 1648-9), for loyalty to the said King. His honours are presumed to have become ex. ( 3 ) Earls. [S.] J. Cuarles Gordos, tfyled Loud Charles Gordon, 1 1GG0 °^ George, 2nd MaKQUESS ok Hi xtly [S.| by Anne, 1st da. of Archibald (C'ami'hki.l), 7th Eahi, OK ARGYM. [S.], and br. of James, VlSCOUST Aiioynk [S.J above-named, adhered firmly to the Royal cause din ing the Civil Wars and Suffered many hardships thereby and was, in consideration thereof '■)•., 10 Sep. 1660, LORD Gohdon of Stkathaven and Glenlivet, and BAKl ok Auoyne [S.J He had a charter under the great seal in 1661 of the whole of the lands anil lordship of Aboync. He in. Elizabeth, only da. of John (Lyon), 2nd East ok Kinghohn [S.J by his 2nd wife Elizabeth, da. of Patrick (Maule), 1st E.uu. ok Pan.mcrk [S.J He (/. March 16S1. II. 1681. Ciiaiii.es (Gordon), Earl ov Auoyne, &c [S.], s. and h. Having been bred a " papist " he qualified himself for takiug his seat in the House, 27 July 169S, by taking his oath is a Protestant. He Hi. his first (") Considerable insight as to the interpretation to be put upon the words " Heirs male bearing the name and arms " is afforded by this patent. " The use of the phrase bearing the name and arms was rare till ISIS, and the fashion was not very prevalent till the time of Charles 1, towards the end of whose reign it again fell out of common practice. From the table given of Peerages Cr, in connexion with his visit to Scotland in 1633, it is shewn that the stipulation is then, as it would appear, indiscriminately addeil or omitted. It was occasionally annexed to heirs male of the body, as well as to heirs male whatsoever, in either of which eases it could have no effect In the patent by which this Viscount ey is cr., the former letters patent are recited whereby the King had conferred the title of Lord Aboyne and Viscount Melgum [S.J, on the deceased Viscount Melgum, " et hwrcdes suos masculns nomcn el insignia, dc Gordon gercntcs," and it is added that the said Viscount Melgum had died " absque lacmlibus masculis de cori'Ore suo legitime procreatis, IN QUOS dictus titulus Vice comitis conferendus fuit," thus clearly proving that the dignity, though granted as above, was considered as confined to heirs male uf the body. "Ac volentes (continues the Patent) ut prior titulus [i.e., that of AboyueJ REVIVAT (which expression shews its extinction), ct pcrmancat in persona domini Gordon etc.," the Patent proceeds to confer the dignity of Viscount Aboyne [S.J on the said Lord Gordon in the manner stated in the text, with a spec. rem. to his second son, James, " lucredesque suos masculos cognomen ct insignia de Gordon gerentes." As this James d. unm. 1648-9, this title, which was conferred with precisely the same limitation as that of Melgum, must similarly be held to be ex. Mr. Sinclair* suggests that it may be considered as having devolved on his next younger br., Lewis, who a few days later (on his father's death) became 3rd Marquess of Huutly [S.J, and hence have passed on to the subsequent Marquesses. This suggestion can hardly be entertained, for, if so, one of the younger brothers of the Viscount Melgum [S.J (of whom we know that one, viz. Lord Adam Gordon, was alive in 1636 and at his father's funeral) ought to have shco. to that title in 1630, (the remainders being exactly the Sinclair— London and Edinburgh, 8vo., 1837— p. 148. See also " Riddell " p. 624-626, and p. 1020-1021.
 * See "Dissertations upon Heirs male in giants of Scotch Peerages," by Alex.