Page:The Complete Peerage Ed 1 Vol 5.djvu/148

 146 LOTHIAN. [From 1624 to 1631 the peerage was assumed by the 2d but 1st surv. s. unci heir male of the body of the grantee, viz.. Sir William Kerb, of Blackhope, next br. to Karl Robert. He, however, was interdicted by the Lords of Couucil, S March 1632, from using it,{a) the title having been claimed the previous year by the heir of line as under.] III. 1631. 1. Anne, eldest da. arid heir of line, having, before July 1G31, complied with the conditions in the regrant (1 (521) of the estates, by marrying a person of the name of Kerr, inherited the same accordingly, and under the alleged regrant (above alluded to) of her father's peerage dignities (to which the same condition is said to have been attached) became (if the same was valid) sho jure Countess of LoTUUN( h ) and Baroness Newbotti.k [S.] However this may have been, the King cr. Sir William Kerr, her husband (whom she m. before 31 July 1031, probably in Jan. 1630/1), Earl of Lothian, fee. [S.], as under. SIR WILLIAM KERR, who was thus cr., 31 Oct. 1631,00 EARL OF LOTHIAN and LORD NEW BOTTLE [S.], was s. and h. ap. of Sir Hubert Kf.r, of Ancrum, eo. Rox- burgh (afterwards, 1633, 1st Earl of Axcham [S.] ), by his first wife, Elizabeth, da. of Sir John Murray, of Blackbarony ; was 6. about 160.1 ; ed. at Cambridge; was iu the expedition to the Isle of Rh.0 in &c, returning to Scotland about 1630 where he m. as afsd. anil was raised to the peerage accordingly. In 163S on the breaking out of the rebellion against the King he took a decided part with the Covenanters ; joined Leslie'sarmy in Englaudin 1610 ; was at the defeat of the [loyalists at Newbury and was sometime Gov. of Newcastle fur the Scotch ; was in 1641 one of the four Com- missioners of the Treasury. He protested agaiust the "engagement" of 1618 ; was soon afterwards Sec. of State till 1 652 ; was one of the Commissioners to England (to protest against proceeding to extremities agaiust the King), as, also, in 1650 to Breda, to be remarked that only one of Lord Lothian's brothers (of whom at least four were then alive) is included in this destination, and, also, that if the da. and heir female shall be married at the time of the decease of the preceding heir she is absolutely excluded from the succession, but if she be unmarried and thereafter marry a geutlemau of the name of Ken-, of lawful blood aud honourably descended (who shall assume aud wear the arms of the Earldom of Lothian and house of New- botle) she shall succeed. This is the only charter or patent before the death of this Earl on which any claim to his title can be grounded. " This was in consequence of a somewhat "arbitrary " letter dated 31 Oct. 1631, of Charles I. (in favour of Sir William Ker, of Ancrum, the husband of the heiress), "easily reconcilable with the circumstances of the Kers of Ancrum [whom "he wished to prefer"], being Court favourites." This letter recites the intention of Earl Robert " so far as in him laye " to settle the dignities thus and seems to imply that he did not validly do so, inasmuch as it goes on to say that " therefore His Majesty has thoght fitt to cre.at the said Sir William Ker, of Ancrum, aud his aires male Erlis of Lothian and Lords of Nkwbottle." See " lliddcll," p. 74, note " 1." See p. 115, note " d," as to the extinction of the male issue of the first Earl. ( b ) In 1628 she is spoken of merely as "Anna Ker;" her mother "Annabel, Countess of Lothian,'' being her curatrix. See Mr. Stodart's article as on p. 145, note " f." ("••) He " naturally took his place [in Pari.] as junior Earl. It would almost appear . as if there had been some irregularity in this creation ; the patent dat. 31 Oct. 1631, was not recorded in the great Seal Register [S ], aud the King in his letter of the same date, mentioning the creation, only says that the late Earl had intended to convey ' his whole estate and honor as far as in him lay ' to his heir female. On 1 March 1634, another charter was granted, to Lord Lothian, of the Earldom of Lothian and Lordship of Newbotle with all the honours and dignities of Earldom and Lordship competent according to the former diploma by which he was cr. Earl of Lothian and Lord Ker of Xcicbotle ; the limitation is to himself and his heirs male whom failing to the lawful and nearest heirs aud assignees of the said William, Burl of Lothian." See Mr. Stodart's article as on p. 145, note "f." See also " Riddell," p. 101, note 3,