Page:The Complete Peerage Ed 1 Vol 4.djvu/417

 KIRKCUDBRIGHT. 419 GOMBRT), 1st VlBCOUNT Montcomeiiy OF THE Great Anns [I.], by his first wife Elizabeth, da. of John Shaw, of Greenock. He d. s.p.m.( b ) 1011. II. 1611. :2. TnoMAS (Maclellan), Lord Kirkcudbright [S-], nephew and b. mule, being s. ami h. of William Maclellan, of (Ileiishamioeh, next or. to the 1st Lord. He sue. to the peerage [S] iu 1641. He m. Janet, 2d da. of William (Douglas), 1st Haul ok Queensbemiy [S.J, by Isabel, da. of Mark (Keu), Haul oe Lothian [S.j He rf. s.p. May 1647. His widow d. 1651. III. 1G17. B. Jonx (Maclellax), Lord Kircudbright [S.] , cousin and b.. being s. and li. of John Maclellan, of Bourg, y*t br. to the 1st Lord. He site, to the peerage [S.] in May 1(547, and was served heir of the •id Lord, 18 Dec. 1652. He raised a regiment of foot for the service of King Charles IT., and was one of the bearers of his train at his Coronation [S.] at Scone in 1661. lie m. Anne, da. of Sir Robert Maxwell, of Orchartoun. He d. 1 66 1, having incurred great debts, whereby all the estates were lost to his successors.^) IV. 1664. 4- William ( Maclellan), Lord Kirkcudbright [S.], only s. and h., sue. to the peerage [S.] in 1664 and d- iiiini. soon afterwards, under age, in 1669 when the title remained dormant for above 50 years. V. 1669. ii. John Maclellan, dejun: Lord Kirkcudbright [S.], (but who appears not to have assumed the title) cousin and b. male, being s. and h. of William Maclki.lan, of Auchlean, next br. to John, the 3d Lord. He d. unm, and under age, probably before 16S0. VT. 1680 1 6. James (Maclellan), Lord Kirkcudbright [S.], br. and and h., b- 1661, who appears not to have assumed the title till 17:21 1721. when he voted at the election of Scotch Peers as lie did subsequently 1722, 1723, and 1727, being, 15 Feb. 1720, served heir male to his uncle, John, the 3d Lord. He »t. ( — .) He d. s.p.m. 1730 when the title was iu dispute for above 40 years but the right thereto( d ) was as under. VII. 1730. 7. William (Maclellan), Lord Kirkcudbright [S. ],(•') cousin and h. male, being s. and h. of AVilliam Maclellan, of Bourness (d. 1694), by Agnes, da. of William Macdlloch, of Nether Ardwall, which William Maclellan, last named, was s. and h. of Robert M., of Boumess afsd., and of Balmaugan [d. 1690 aged 80 or upwards), s. and h. of James M., cf Balmaugan (living 1637), s. and h. of Thomas M., of Balmangan d. between 1629 and 1635), s. and h. of William M., of lialmangan (living 1534 — 1612), only s and h. of Gilbert M, and arms converts limitations [granted] to heirs male or heirs (simply) into the unbounded ones of heirs mole [whatsoever] or heirs whatsoever " is most amusiugly ridiculed by the learned John Kiddell. It was, however, on this ground that this Barony (granted with these words iu 1633) was on 3 May 1773, "adjudged by the House of Lords to John Maclellan, a very remote collateral heir male, his branch having sprung from the patentee's family as far back as the 15th century." See " Jliddell," pp. 622—628, where (as a proof of the little value cf these words) is cited the extinction of the Yiscountcy cf Melgum [S.] granted to John Gordon 20 Oct. 1627, suwqitc heredihus masculis eognomen et insignia de Gordon gei-entibus which extinction is expressly recorded in a patent 20 April 1632, as having occurred " owing to the failure of heirs because dictus quondam Yicecomes de Melgum [the patentee of 1627J obiit absque hcredibus mnseulu de cm-pore tun in quos dictus titulus Vicecomitis per Uterus paten tit [i.e., those of 1627] conferendus fuit." (>>) Ann, his only da. and h. (by his first wife) »!. Sir Robert Maxwell, of Orchard- toun. (°) He was the last of his line who sat iu Pari. [S.], tho' the peerage was retained (more than 40 years after his death) on the Union Roll. ( d ) According to the decision of the House of Lords, 3 May 1773.