ATHOLL COMPLETE PEERAGE 315 Mary, 2nd da. and coh. of John (Stewart), xxivth (5th) Earl of Atholl [S.], by his own step-mother (2nd wife of his father), Mary, 2nd da. of William (Ruthven), ist Earl of Gowrie [S.] abovenamed. He d. s.p.^ 1625, when the Earldom of 1596 conferred on his father, as also, appar- ently, the Barony of Inermeath, became extinct. His widow m. Capt. Peter Rollock. XXVII. 1629. I or 6. John Murray, only s. and h. of William Murray, sometime (1609-26) Earl ofTullibardine[S.], by his 2nd wife, Dorothea, ist da. and coh. of John (Stewart), xxivth (5th) Earl of Atholl [S.], sue. his father in or shortly after 1626, but his said father had previously resigned (i Apr. 1626) the Barony of Murray and the Earldom of Tullibardine [S.],as also, apparently, the Barony of Inner- meath [S.], in favour of Sir Patrick Murray, having obtained the Royal promise that the Earldom of Atholl [S.] should be revived in the person and descendants of his wife, who was the h. of line. Accordingly, on 6 Aug. 1628, the said John Murray was served " nearest and lawful eldest h. " to John (Stewart) [xx] Earl of Atholl [S.], " br. uterine of King James. " By patent 17 Feb. 1628/9, the service was confirmed, and the title of EARL OF ATHOLL [S.] acknowledged, (") the grant containing a novo- damus of the title and dignity without prejudice to the Earl's right as h. gen. In the Civil wars the Earl raised 1800 men to support the King, but was taken prisoner by Argyll in 1640. He m., 6 June 1630, (tocher 40,000 marks) Jean, yst. da. of Sir Duncan Campbell, of Glenorchy, by his 2nd wife, Elizabeth, da. of Henry (Sinclair), 3rd Lord Sinclair [S.]. He d. June 1642. XXVIII. 1642. 2 or 7, and i. John (Murray), Earl of MARQUESSATE [S.l ^:^"°^^tS-]?. ^'.^"^ ^- ' .^"^ '^^'- ^^ ■- -■ jomed the Kmg s Standard with 2000 men in I. 1676. 1653, and was excepted from Cromwell's act of indemnity in 1 654. At the Restoration, in 1 660, he was made P.C., Hereditary Sheriff of Fife, ^c. Justice Gen. [S.] 1663 to 1676. In Jan. 1670 he sue. his cousin James (Murray), EARL OF TULLIBARDINE and LORD MURRAY OF GASK [S.] in those titles. Capt. Gen. of the Royal Company of Archers 1670 till death. Col. of the 4th troop of Horse Guards 1671-78. Keeper of the Privy Seal [S.] 1672-89. An extraordinary Lord of Session 14 Jan. 1673 till (°) There can be little doubt but that this was an entirely new creation, and such appears to have been Lord Hailes' view, though it is stated in Riddel/ [p. 178) that it was confirmed 17 Feb. 1629 "with the original precedence." Charles I in his patent of 1629 (misinformed as to the facts) expressed himself bound in honour and conscience to ratify the dignity to the h. of line; but the Earl of Tullibardine, doubting the legal efficacy of such ratification, obtained a new patent of the honour of Atholl. The Earldom of 1457 appears, however, under the charter of Novodamui in 1 48 1, to have have lapsed in 1595 by failure of the heirs therein named.
