MAR. 225 who was t;>kou prisoner in 1102, at the battle of Homildon), sue. his father about opinion of the Committee for Privileges (23 May 1870) "admissible in evidence quantum valcat." The following are extracts therefrom [Mar Evidence, 1868-75, pp. 511—515.] " Helen of Mar. da. to the last Gratnay, Earle of Mar, m. Sir John Mouteith, Dominos de Arran, Scipince, Strathgartnev and Knapdale, who had to him two daughters [1] Christian and [2] ( — ) the younger [who] died without issue. Dame Christian Mouteith m. Sir Edward Keith, of Syntoun, who had to him Joanetta. He was killed at the battle of Durham in the year 1847. She [i.e., Dame Christian] m. Sir Robert of Erskine. of whom no issue. Dame Jannet Keith m. first Sir David Bar- clay, who they alleadge was murthered by the Douglas's, by whom no issue [i.e., none that was her heir, she having, subsequently, male issue by her second husband] and after her death Bl. Sir Thomas of Erskine [being by him mother of Robert Erskine At')' son amilicir], by which marriage the two families of Mar aud Erskine were joyued in one." Again, " Sir Robert of Erskine of that ilk, Baron of the Baronies of Strathgartuey, Allo;i, Don, Kinnoul, Nisbet, Edenham, Crawbeth, and Malherb," &c, " m. Ueatrix Lindsay, da. to Sir David Lindsay, who had to him [1] Thomas [2] Sir Nieoll Erskine of Kinnoul and [8] Isobell, Lady Olyphaut ; after her death he m. the above designed Dame Christian Munteith (da. to Dame Helen of Mar) who had no issue by him." " Sir Thomas of Erskine, of that ilk. m. the above Dame Jannet Keith, relict of Sir David Barclay. She had to him [1] Robert, afterwards Earle of Mar, in her right [2] Sir John Erskine, who gott the lands of Dun to him and the heirs male of his body." "The said Thomas gave in [1] a petition to K. Rob. in full Pari, in 1390, craving that the King might not receive any resignations or confirmations of lauds and others which did belong to Isobell, Countes of Mar, in prejudice of his wife, who was her next heir, which the King promised not only not to do, but declared, in case he had already granted any. the sumo to be null. The said Sir Thomas also mada [2] another protest in Pari, in 1390* mentioning he heard there was a contract made betwixt the above Sir Malcolm of Drummond and Sir John Swiutoun ancnt the Earldom of Mar, there- for beseeching his Majestic not to grant resignation or confirmation of the same in prejudice of his wife, which the King promised not to do. Both suid petition arc in the Earle uf Mar's chartor chest with the King's declaration, under the quarter seall upon the first dated 22 Nov. [1898], and of the King's reign the 1th year." The proofs of the heirship of Robert, Lord Erskine, to the Earldom of Mar, which had to be established in proving the preamble of the Mar restitution act of lS8. r ), were most ably set forth by Mr. r . A. Lindsay, the Counsel for the heir general, and are summarised in " the Gencalor/ist" N.S., vol. hi, pp. 16-19, to the following effect. The tenure of the Earldom, as in their own ritjht, by the Countess Margaret and (bar da.) the Countess Isabel, was fully demonstrated, as also was the heirship of John, Lord Erskine, in 1565, to the Countess Isabel, involving the validity of the charter of 9 Dec. 1404, the heirship, under it, of Robert, Lord Erskine [in 1435] to the lauds and title, &c. To establish this heirship, the documentary evidence included (1) A grant of Strathgartuey, 1359, to Sir John Menteith, called son of Ellen of Mar, Ellen herself being styled niece of King Robert (Acts Pari. [S.J, I., p. 524): (2) A crown charter. 1368 to Sir Robert Erskinet and Christian Keith, his wife (the King's cousin), of Alloa in exchange for Strathgartuey {ibid, p 534 ; Mur minutes, p. 381); (3) a deliverance by King Robert III. on a petition, IS March 1390/1, of Sir Thomas Erskine, stating that Janet, his wife, was, failing Isabel, wife of Sir Malcolm Drum- mond, heir "by right of inheritance" to half of the said Earldom of Mar, and the Lordship of Garioch ; (4) the obligation by the same King, 22 Nov. 1395, not to sanction any alienation by Isabel Douglas, Countess of Mar ami Garioch in prejudice of the heirs of Sir Thomas Erskine, as rcri Itarcdcs of these Earldoms ; (5) "a series of entries in the Exchequer Rolls (Scottish Record Series) regarding a certain anuuity t See vol. iv. Appendix, pp. i aud ii (Nos. 19 and 23) for the Papal dispensation for the marriage of " RobeHut Erskine, Miles ct Christiana dc Beth" [i.e., Keth] in 1355, aud for that of " Thomas Erskine et Maria dc Dowjleis" in 1366. It is possible that this Christian, was da. of Sir Edward Keith aud Christian, his wife (as acutely suggested by Mr. Hallen. ride infra) and not (as in the above pedigrees) Christian, nit Menteith, the widow of tin said Sir Edward Keith. Q
