LOTHIAN. 147 in which year he attended on the King in Scotland. In 1655 he endeavoured to obtain recompense for his expences in the cause of the Covenant. At the Restoration he went to Loudon to justify his conduct, but refused to take the abjuration oath in 1662 and was fined £6,000 Scots, to pay which he alienated his paternal estate'of Aucrum. He d. at Newbottle, Oct. 1675, aged about 70. IV. 1675. ;? ami 1. Robert (Kerr), Earl op Lothian and Marquessate [S.l *t' mu »«W*«l»f&J, i. '>■ 1636 ; styte/ Lord Kerr of H ucaacvoc L^-J ^ kwhottle till he sue. to the peerarje [S.] in 1675, having in I. 1701. 1673 served as a volunteer in the Dutch war. At the Pari. [S.] of 26 June 1678, he protested against the precedency over him of the Earl of Roxburghe and certain other Earls for. between 1606 and 1631) obtaining from the King a patent under the great seal, 23 Oct. 167S, "' that he should take place and precedency conform to the orig. patent of creation of 1606, but this seems to have been entirely disregarded and not ratified,"( a ) for tho' the Earl " pro- tested " in 16S5, 1687, and 1600, and obtained on 14 May 1690, a decision in his favour ("and had his name inserted in the Rolls accordingly") yet (in consequence of counter-protests) a decreet of ] July 1695, ranked the Earls of Roxburghe, Sc., above him, thus disallowing his claim to the Earldom of Lothian as a creation of 1606-( b ) He repeated his protest in 1696, 169S, and 1700, but the matter was ended^) the next year by his being raised to a Marquessate [S.] as below stated. Meantime the Earl had been P.C. (Jan. to Sep. 1686) to James II. as also (being a supporter of the Revolution) to William III. by whom he was made Justice Gen,, and in 1692 Com- missioner to the Kirk. By the death, on Sep. 1690, of his uncle, Charles, 2d Earl of Aucram [S.J he had become Eaul of Anuram, Lord Ker ok Nisbet, Langnewtoun, and DoLnilNSTOuN [S.l, according to the limitation in the creation of that title, 21 June 1633. He was sr., 23 June 1701, MARQUESS OF LOTHIAN, EARL OF ANCRAM, VISCOUNT OF BRIEN E, LORD KER OF NEWBOTTLE, OXNAM, JEDBURGH, DOLPHINSTOUX AND NISBET [S.], with rem. to the heirs male of his body, which failing to the other heirs of entail succeeding to him in his estate in all time to come. He m. Jean, 2d da. of Archibald (Campbell), the well known Marquess of Argyll FSJ, by Margaret, da. of William (Douglas), 9th Eaul of Morton [S.] He d. in London, 15 Feb. 1703. Fun. entry in Lyon office. His widow buy. at Newbottle, 18 May 1700. Fun. entry in Lyon office. Marquessate [S.] ' II. Earldom [S.] V. 2 ami 3. William (Kerr), Marquess of Lothian, Eaul of Lothian, Earl of Ancram, 1703 Viscount Briene, Lord Jedburgh, &c. [S.], s. and h. He was 6. 1661 and was a zealous promoter of the Revolution. He sue. as Lord Jedburgh [S.] on the death, 4 Aug. 1692, of his cousin, Robert (Kerr), 4th Lord Jedburgh [S.], according to the novodumus obtained, 11 July 1670, for that peerage, which was cr., 2 Feb. 1621/2; ( a ) See Mr. Stodart's article (as on p. 145, note " f "), it being added, "this patent refers to the resignation and confirms the regraut as if they had really been complete." Mr. Riddeli;" Riddell,"x 78), remarks," whether the Lothian patent in 167S (done could have caused the precedence in [sic, scd qucrc " of "] 1606 is a question that may be raised. Such a power, after all, is but analogous to the privilege of elevating in the peerage by a higher title which has not been denied the Crown, and, if we hold that the patent of the Barony of Sinclair in 1677 did not proceed on a resignation, that may be a parallel case." (°) The final decision being thus agiiust him, the Earldom of Lothian, as a: in 1606, as well as the Barony of Newbottle [1587 or 1591] to which his right of inheritance is similar, are henceforth omitted. As to the extinction (before 1667) of the heirs male of the body of the grantee of both these dignities see p. 145, note " d." ( c ) The victory in the end was, however, with his opponent who oil 25 April 1707, obtained a Dukedom [Roxburghe] with rem. to his heirs in the Earldom of Roxburghe [S.] _
