Page:The Complete Peerage Ed 1 Vol 5.djvu/235

 MAK 233 rem. (nut to heirs general as above, but) to heirs male of the body. The Royal charter of 23 June 15(55, was ratified in Pari. [S.] 19 April 1567, reciting that the dignity of Mar was " ditponit '* to him on the ground that he was *' lauchfullie discendit" of the aneient heretoiiris of the said Erledom and had the nndoubtit right thereof." The said charter was also 'proceeded Upon ' in an act (20 years later) 1587. The restored Karl received the custody of the newlv born Prince (afterwards James VI. [S.] ) in June 1566, whom lie removed to the Castle of Stirling, giving up at the same lime the custody of Edinburgh Castle to the Karl of Bothwell [S,J for which act he was exonerated by Pari. 16 April 1567. He took part against the (Jueen [8-1 signing 16 June 1567, the order for her committal to Loch LeveU Castle, and being, in July following, one of the Government Council. On the death of the Kegent Karl (.f Lennox [S-] he was made Regent of Scotland, 6 Sep. 1571, and so continued (being also Custodian of the young King) till his deatb a year later, tho' the rirtual direction of the affairs of the Realm was with (his Lieut. Gen. of the Forces) the Karl of Morton [S-] He m. before 29 Jan. 1556 7, Annabclta, da. of Sir William Murray, of Tulli- bardine, by Catharine, da. of Sir David CAMPBELL, of Glenurehy. Herf. 29 Oct. 1572. His will dat. 9 Aug. 156S, at Stirling, directs his burial to be at Alloa, f 1 ) His widow was living 1602.('') XIX, 1 IS ami 2. Joitx (Ebseinb), Earl of Hah, &c. [S.], and ')■ 1572. only s. and h., //. about 1558 ; staled Loud Ehskin'E since 1565 ; II, j was served hdr, 3 March 15723, "in tot» ct integro Comitatu de Mar. He was educated together with the King (of whom his mother and his uncle, Sir Alexander Krskine, of Gogar, had the charge) at StirliugCastle. On 26 April 1578, he possessed himself of that fortress and of the King's person, and in 15S2 joined in the raid of liuthven, for which he was pardoned, 29 Nov. 1583. He was, however, attainted, 22 Aug. 1581, but restored Dec. 15S5 to his honours and estates as also to the command of Stirling Castle. Here, in 1595, he had the eustody of Prince Henry [S.] till 1603, receiving, meanwhile, several grants of Abbey lands, &e. He accompanied the King to England in 1603 : was P.C. ami was eh 25 June 1603, KG., being inst. 9 July. High TREASURER [S.], Dec 1615 to April 1630, entertain- ing the King in Scotland in 1617 with great magnificence. He had devoted himself for nearly 50 years but more especially during the last 15 years thereof (1620-35) to the recovery (under the service to his father of 5 May 1565) of such of the family estates as had been alienated by the Crown (1135 — 1565) for which recovery the reduction by the Court of Session of the several charters so granting them was found wrong" inasmuch as such act restored the Earldom of Mar to John Francis Krskine, as "grandson and lineal rcprcscnhitirc [which, thro' his mother, he was] of the said John, Karl of Mar " (who was attainted in 1716), when (in Lord Redesdale's opinion) " of course such restoration was made to him only because he was [which, indeed he also happened to be] great-nephew and eollatcral heir male of the said Karl, tho' such fact [being immaterial, inasmuch as his representation of the dignity was (not as great-nephew, but) as grandson as recited in the act] was not even alluded to in the act ; (S) that the limitation of the Earldom was unknown to the trustees of 1725, who were authorised to repurchase the forfeited estates and entail them on the heirs of the Earldom, which they entailed accordingly on heirs general, tho' one of the two trustees Lord Grange, a Judge of the Court of Session), was himself at that time the nearest collateral male heir and had a direct interest to maintain a contrary view. By the " Earldom of Mar restitution act, 1S85," the ancient Earldom thereby restored is placed " at all elections of Kep. Peers for Scotland next after the Earldom of Sutherland " (such being its position both at tho decreet of ranking in 1606, and on the LTniou Holl in 1707), while that Earldom of Mar, of which a creation in tail nude was assumed (by the House of Lords, in 1875) to have been in 1565, and which (according to such presumption), vested in Walter Henry (Erskine), Earl of Mar and Kellie [S-l, was relegated to the place of "an Eaildom created in 1565, anything in the decreet of ranking (made 5 March 1606, under the commission issued by James VI. then King of the Scots) to the contrary thereof notwithstanding." (») Printed in " N. and Q.," 4th S, viii, 321, where, however, no account of its whereabouts is given, it being said to have " recently turned up." ( b ) She was, according to Knox the Keformer, "a verray Jesabell."