MAR, 231 XIY.(hU) Ho2. 13. Thomas (Erskise), Lord Erskine [S.], who may be considered as dc jurc( n ) Earl of Mah [S.J. only s. ami b, <>i Hubert, 1st Lord Eiiskink, who ill 1435, became EaUL OF Maii [S.J, as befurestat.ed, sue his father ill 145^, but, being unable to obtain seisin of that Earldom, never assumed the title thereof, the said Earldom, being subsequently, 15 May 1457, declared tu have reverted ill 1 135 to the Crown whereby his father's return- (in 1438) as heir thereto was reduced. He </. between Aug. 1489, »ud ti Dec 1404. XY.ihis) 14901 14, Alexander (Ermcixe), Loud Erskixe [S.J, who may be considered as dc jfuwf] Eaiil of Maii [S.j, only s. anil h. He d. between 29 Jan. 1500/7, and 17 June 1510. XV I. (hi*) 16101 15. RbBBRT (liRSKlNE), LOKO KkSKIXB [S.l who may be considered as dc jure Earl ok Mah [S.J, lie was slain at. I'loddeii/") I) Sen. 1513. XVU.{hu) 1513. 16. Jghs (Erskixe), Lord Erskixe [S.], who may lie considered as dc jurc( l ) EaUL ok Maii [S.], 2d but 1st surv. 8. and h. He d. 1552. r u ■n a ■A XVITT. 1553, 17 mill 1. Jonx (Erskixe), Lord Erskixe [S.], who recopnittd may be considered :ia dcjure( n ) Raul ok Mah [S.], 3d but 1st surv. s. in 1565. and h. ;(«) sue. his father in 1552 both in tkt peerage [S.] as also as Keeper of Edinburgh Castle, which important post he held with L 1565. great impartiality as between the party of the Court and of the People. Though one of the Reformers he refused to sign the Book of Discipline in 1560 ; RC. [S.J, 1501. As the first step towards obtaining the restitution of the Earldom, he was by a general service, 5 May 1565, found heir to Robert "late Earl of Mar and Oarioch and Lord Erskiue," the grandfather of his great grandfather ;(*) after which linding, the Queen [S.] by charter, 23 June 1505, restored to him il hS* luirs and attifftu hereditally all and had the said Earldom of Mar "( c ) together with all the lands thereof which yet remained in the Crown and all (") Having regard to the Act of Pari., 20 July 15S7, ratifying the restoration (1505) of the Earldom of Mar to John (Erskine), Earl of Mar, "as if the said Earl were immediate heir to the said Dame Issobell Dowglas, or to the deceased Robert.. Earl of Mar. Lord Erskine, her heir " ; and having regard to the " Earldom of Mar restitution act. 18S5 which was (in the words of Lord Selborne, the Chairman of the Select Committee) " intended to relieve against forfeiture and surrender, if there was one, without absolutely deciding that there was " [Minutes of Evidence, p. 24.] (>') See p. 03, note " b," s«6 " Lennox" for a list of the Scotch nobles there slain. ( c ) Of his two elder brothers (1) Robert Erskine, Master of Erskiue, d. v.p. and s.p. legit., being slain at the battle of Pinkie, 10 Sep. 1547 (2) Thomas Erskiue, Master of Erskiue, sometime Ambassador to England, </. v.p. and s.p. legit. 1551. His next yr, brother was Sir Alexander Erskine, of Gogar, father of Thomas, cr. Earl of Kellie [8.1 in 1019 with rem. to his heirs male, in consequence of which that Earldom was inherited in 1S29 (on failure of the heirs male of the grantee's body) by John Francis Miller ( Er.-kine), Earl of Mar, as below stated. (d) " It is not impossible that the issue of this service of 1505 may have been pro- ceeded by an assize of error and inquiry into and reversal of the proceedings of 1457. A document existed formerly in the Mat charter chest and is quoted by Sir Robert Douglas in which reasons are assigned (according to Sir Robert's report) why tho grounds of these proceedings were erroneous [see p. 230, note "•"], but the document, whatever was its character, does not now, it would appear, exist, and consequently has not been available as evidence. 1457, based on tho charter of 1 The invalidity, however, of the service negative, of _ ! August 1404, is in no need of any independent vin- dication." [" A " (vol. i, p. 333), as in note " b," p. 218]. (o) " The grant of the Comitatus is precisely in the same form as similar grants innumerable, which, up to that date and 1 iter still, carried the dignity or title of honour without special mention of it, as shadow follows substance. It did so necessarily in
