DUFFUS. 193 ho was imprisoned in the Tower of London but set free 4 Oct. 1717, without having ever been tried ('). After this he became a Flag officer in the Russian Navy. He m. in or before 1710, Charlotte-Christina, da. of Eric DB Sioblade, Gov. of Gottenburgh in Sweden. He d. early in 1734. IV. 173J t . 4- Eric Sutherland, only s. and h., lap., 29 Aug. 1710, at Twickenham, Midi. His claim, 18 March 1733 to the title, on the ground of his father's surrender, was heard, 3 April 1734, but dis- allowed. He was an Ensign in Disney's Regiment, 1731, and a Capt. in Sutherland's Regiment, 1759. He m. Elizabeth, 3d da. of his paternal unele, the Hon. Sir James Dunbar, formerly Sutherland, Bart., by Elizabeth, da. and h. of Sir William Dunbar, 1st Bart. [S.], of Hompriggs, co. Caithness. He d. 28 Aug. 1708, in his 58th year, at Skelbo. His admou. as "the Hon. Erick Sutherland, Esq., commonly called Lord Duffus," of Wick, co. Caithness, 15 March 1709, was under £300. His widow d., 21 July 1S00, at Edinburgh. <~/>o | 4- James Sutherland, 1st and only surv. s. of Eric ' ' I S. and Elizabeth, his wife aboveuamed, being grandson and IV 1 x-if h. of Kenneth the a«fliiiJc<i Loud Dl'fkds [S.] He was 6., 8 June IV. 16^0, 1747, at Skelbo, co. Sutherland ; was an officer in the Army. By to act of Pari, 25 May 1826, he was as "James Sutherland, Esq.," 1S27. restored " to the honours, dignities and titles of LORD DUFFUS " [S.], as were all " other persons who would be entitled to succeed after him."() He d. unm., 30 Jauy. 1S27. Will pr. Feb. 1827. [On his death the question arose as to whether the limitation of the dignity was to heirs geitcr<il,( c ) heirs mede of the body or any other destination. On the most probable supposition that it was to the second it was assumed as under.] V. 1827. 5. Benjamin (Dunbar), Lord Duffus [S.], cousin and h. male, being yst. and only surv. s. of Sir William Dunbar, 2d Bart., of Hempriggs, by his 3d wife, Henrietta, da. of Hugh Rose, of Kilravock, which William was only surv. s. and h. of the Hon. Sir James Ddnbab, formerly Sutherland, 1st Bart., 2d s. of James, 2d Lord Duffus abovenamed. He was b. 28 April 1761 ; sue. his father in the estate of Hempriggs Castle, co. Caithness, statutes passed for attainting the Lords Mar, Tullibardino b. and h. ap. of the Duke of Atholel, Linlithgow, Drummond [s. and h. ap. of the Earl of Perth], Marischal, Southesk, Seaforth, and Panmure." " The epoch of a change of dynasty is not an appropriate time for a sanguinary retaliation," and " there was a palliation on this occasion which did not attend the subsequent rebellion of 1745." The celebrated Duncan Forbes, Lord Advocate [S.], truly " predicted that excessive penalties and forfeitures following the first outbreak against the Hanover succession would infallibly lay the foundation of another." See J. H. Burtou's " Scotland," sub " 1716-13." This, accordingly, took place some 30 years later, when 7 other peerages [S.] were forfeited (Balmerinoch, Cromarty, Forbes of Pitsligo, Kilmarnock, Lovat, Strathallan, and Wemyss) of which, however, three (those last mentioned) have (since 1824) been restored. See fuller particulars of the forfeitures of 1746 under " Forbes of Pitsligo." (•) The act required the persons named to deliver themselves up to justice on oi before 30 June 1716. Lord Duffus left Sweden on the 2d with intent so to do, but by stress of weather was detained. He, however, surrendered himself to the British Minister at Amsterdam on the 29th, but this was held in April 1734 not to have been a sufficient performance of the condition required. ( b ) See vol. ii, p. 48, note " b " (sub " Buccleuch "), for a list of such restorations during the last 200 years, returned to the House of Lords, 15 June 1885. ( c ) The dignity was in fact claimed, as heir of line by the Rev. Erie Rudd, of Thorne, near Doncaster, s. and h. of the Rev. James Rudd, Rector of Newton Kyme, co. York, by Elizabeth, eldest sister of James, the restored Lord Duffus. O
