Page:The Complete Peerage Ed 2 Vol 1.djvu/103

 ABOYNE COMPLETE PEERAGE 53 escape to France. He d. unm. at Paris, Feb. 1648/9, a few days after (and, it is said, from grief occasioned by) the execution of his Royal Master (30 Jan.), and a few days previous to the execution of his father (22 Mar. 1648/9), for loyalty to the said King. His honours are presumed to have become extinct. (*) EARLDOM. [S.] i. Charles Gordon, styled Lord Charles Gordon, 4th s. of George, 2nd Marquess of Huntly [S.], by L 1660. Anne, ist da. of Archibald (Campbell), 7th Earl of Argyll [S.], and br. of James, Viscount Aboyne [S.] abovenamed, adhered firmly to the Royal cause during the Civil Wars, and suffered many hardships thereby, and was, in consideration thereof cr., 10 Sep. 1660, LORD GORDON OF STRATHAVON and GLEN- LIVET, and EARL OF ABOYNE [S.]. He had a charter under the great seal in 1661 of the whole of the lands and lordship of Aboyne. He w., istly, Margaret, da. of Alexander Irvine, of Drum. She ^., s.p.m., Dec. 1662. He m., 2ndly, (cont. 28 Aug. 1665) Elizabeth, only da. of (") Considerable insight as to the interpretation to be put upon the words " Heirs male hearing t/ie name and arms is afforded by this patent. " The use of the phrase bearing the name and arms was rare till 16 1 5, and the fashion was not very prevalent till the time of Charles I, 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 added or omitted. It was occasionally annexed to heirs male of the body, as well as to heirs male whatsoever, in either of which cases it could have no effect. " (Alex. Sinclair, Dissertation upon Heirs ma/e in grants of Scotch Peerages, 1837, p. 148. See also Riddell, pp. 624-626, and pp. 1 020- 1 02 1.) In the patent by which this Viscountcy is cr., the former letters patent are recited whereby the King had conferred the title of^ Lord Aboyne and Viscount Melgum [S.], on the deceased Viscount Melgum " et hteredes sues masculos nomen et insignia de Gordon gerentes," and it is added that the said Viscount Melgum had died " absque haredihus masculis de CORPORE suo legitime procreatis, IN QUOS dictus titulus Vice comitis confercndus fuit, thus clearly proving that the dignity, though granted as above, was considered as confined to heirs male of the body. " Ac volentes (continues the patent) ut prior titulus _i.e., that of Aboyne] REVIVAT [which expression shews its extinction], et permaneat in persond domini Gordon, i^c. " The patent proceeds to confer the dignity of Viscount Aboyne [S.] on the said Lord Gordon in the manner stated in the text, with a spec. rem. to his 2nd son, James, " haredesque suos masculos cognomen et 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 extinct. 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 Huntly [S.],and hence have passed on to the subsequent Marquesses. This suggestion can hardly be entertained, for, if so, one oi the. younger brothers of the Viscount Melgum [S.] (of whom we know that one, viz. Lord Adam Gordon, was alive in 1636 and at his father's funeral) ought to have sue. to that title in 1630, (the remainders being exactly the same), whereas we have the authority of the patent of Apr. 1632 that the Vis- countcy of Melgum was then extinct.