Page:The Complete Peerage Ed 1 Vol 4.djvu/35

 CiLEN CAIRN. 33 X. 1GC4. 10 Alexander (Cunningham), Earl of Glencairn, Sec, [S.], 3d but 1st surv. b. and h. by first wife, styled v.p. Lord Kii.mai'RB, after the death of his elder brother. He sue. to the peerage [S.], 30 May 3L664. He Hi,, about 1660, Nicola, 1st sister and coheir of Sir William Stewart, da. of Sir James Stewart, of Kirkliill, co. Linlithgow. He d. s.p.m.t 1 ) 26 May 1670. Fan. entry at Lyon office. XI. 1G70. 11. John (Cunningham), Earl op Glencairn, &c. [S.], next br. and h. male, being 4th and yst. s. of the 9th Earl by his first wife. His succession, 26 May 1670, to the peerage [S.] as heir male to the grantee was unopposed and was recognised by the Crownin various appointments granted to him and his successors'. He was a zealous supporter of the Revolution of 1689, raising 600 foot for the service ; P.C., 1689 ; Gov. of Dunbarton Castle, &c. Hem. firstly, 5 Aug. 1673, Jean, 2d da. of John (Erskixe), Eaul ok Mar [S.], by his second wife, Mary, da. of George (Mackenzie), 2d Earl op Seaforth [S.] He m. secondly Margaret, widow of Patrick Maxwell, da. and h. of John Napier, of Kilmabew, but by her had no issue. He d. 14 Dec. 1703. XII. 1703. 12. William (Cunningham), Earl of Glencairn, &c. [S.], only s. and b>, by first wife, styled v.p., Lord Kilmaurs. He sue. to the peerage [S.], 14 Dec. 1703. He took the oaths and his seat in Pari., 11 July 1704, and supported the treaty of Union; P.C. [S.] He m. 20 Feb. 1704, Henrietta,, 2d da. of Alexander (Stewart), 3d Earl op Galloway [S.], by Mary, 1st da. of James (Douglas), 2d Duke of Queensbkhry [S.] He d. 14 March 1734, at Fiulaystoun.(>>) His widow d. 21 Oct. 1703, in her 81st year, at Glasgow. (») His only da. and h., Margaret, the heir of line to the Earls of Glencairn, m. John (Maitland), 5th Earl of Lauderdale [S.], and d. 12 May 1742, aged about 80, leaving her grandchild, Jean, Lady Fergusson, as her heir of line. This Jean, only child and fa. of John Maitland, styled Lord Maitland (who d. v.p. in 1709), 1st s. of the said Margaret, was b. 7 Dec. 1703 ; M. Sep. 1726 Sir James Fergusson, Bart., and </. 4 March 1766, leaving a s. and fa. Sir Adam Fergusson, Bart. He, in 1796, on the extinction of the issue male of the 11th Earl (who had sue. to the Earldom in prejudice of his niece the heir general), claimed the Earldom as heir general of Earl Alexander, who d. in 1670, but the House of Lords, 14 July 1797 (tho' they allowed him to be such heir) declared that he had not made out his right, as such heir general, to the dignity of Earl of Glencairn. The following remarks thereon are [among others which are well worth noting] made by Mr. Maidment. [See p. 30, note " f."] " The question of descent had been settled before the Union — previous to that event the claim of the heir-ofti-ne might have been competently agitated before the Court of Session. After the Union an heritage thus possessed could not be challenged in any committee of privileges — an assembly which has no original jurisdiction, and, whose resolutions, consequently, never could be accepted as res judicata. Suppose that a male descendant of the body had the title at present, could he have been deprived of his right under a petition to the Crown, which had been sent to the Peers and by their Lordships remitted to a committee of privileges ?" " Had Sir Adam ventured to have taken the bold step of bringing a Bummons of Dclarator, frc, in the Court of Session against the Officers of State, to have it found and declared that the title had been usurped by the hen- male, and that it was a female honour ; the question might have been completely raised and determined, and whichever way tho summons was disposed of, the decision could not then have been competently taken to appeal.' "If the resolution of 14 July 1797 is not a res judicata, which it plainly is not (See cases of Brandon, Dover, Willoughby of Parham, &c), there seems no reason whatever for the heir-of-line, even at this late date [1883], being excluded from trying his right to a Scottish inheritance in the precise form in which he could have done before the union of the two Kingdoms." (b) By entail 15 Oct. 1708 (recorded 9 Feb. 1709) he conveyed his "title of honour created as early as the time of James IV. [S. J, his " arms and surname," &c, in favour of a new Bet of heirs. This was, of course, invalid, but was done in the hope D