Page:The Complete Peerage Ed 1 Vol 5.djvu/230

228 MAR. about that date, probably before 142ii, but certainly before 24 May 1429, a Lord of ParL(») as LORD ERSKINE [S.] On the death, 1 Aug. 1435, of Alexander, Earl of Mar (who was entitled to that dignity for his life, not only by the creation of 2S May 142(i, but also under the ratified charter! 1 ') of !> Dec. 1404) he became (under the said charter) KARL UK MAK [S.] By special^') service, bill of 1886], was held to be proved." The well-known Mr. Riddel] [« Jliddell." pp. 1039—10411], while disbelieving the marriage of any Sir Robert Krskiuet- with any Christian Keith, Widow, and holding (as docs Mr. H alien) that Sir Robert's wife was Christian Keith, spinster (both which points, however, are immaterial in the descent of the dignity of the Earldom of Mar) asserts positively that " Sir Thomas Krskine, married Janet, da. of Sir Edward Keith, by his wife, Christian, da. of Sir John Meiiteith, by Elcne, da. of (Iratney, Karl of Marr, in virtue of which marriage the Earldom of Marr. eaine into the Krskine family, us is pmrcd bij irrefragable evidence I have seen in the Marr charter-chest and, thro' means of the same, especially, by Lord Hailea in the Sutherland ease. See chap, v., sect, ii, pp. 43-44 if S17." The same pedigree, from Helen of Mar downwards, is given by Sir William Kraser (adviser of the Opposing party i.e. the heir Uudt ) in his " Red Book of Menteith," (1881 ). and has in fact, been generally received, and in no point t/wproved, and tho' (as has before been remarked) the paternity of Dame Janet Krskine (thro' whom the Kardom descends) has never been strictly proved, it may very fairly and most probably be attributed to Sir Edward Keith, of Syutou, as stated in the text, This long note should not be concluded without acknowledging the kind assistance thereto given (extending iu some instances to inanv pages of writing), by Mr. Joseph Bain, K.S.A., Mr. V. A. Lindsay, .Mr. M. J. Shaw-Stewart and the Rev. A. W. Cornelius Hallen (himself) the author of the article, which upsets (what Mr. Hound [Genealogist, N.S., ix, 129] calls, with, perhaps, a slight touch of sarcasm ) " The orthodox pedigree," a pedigeo which these remarks are intended in some measure to justify. (a) See vol. iii, p. 275, note " a," Sub " Erskiue," as to the probability of this Barony belonging to the heir general and not to the heir nude. ( b ) The charters of 12 Aug. 1401. and 9 Dec. 1104, and the consequences attending upon them are thus spoken of by Lord Crawford [See "A " (vol. i, p. 209), as iu note " b," p. 21S ], " 'I he last (the legal and confirmed) charter of 9 Dec. 1401, was in full recognition during the remaining years of the Countess Isabel's life, and was, after the death of her husband, Alexander, Karl of .Mar, the basis of the right of Sir Uobert Erskiue, Karl of Mar, to the lief and dignity to which he succe-ded under a return- of 143S by legal right, as finally determined in 1,628, The first (the extorted, nu neon firmed, renounced until rejected) charter of 12 August 1404, rides from 1457 to 1565 but was formally condemned as null, void, and of no effect by the final judgment of lu'2ti which, at the same time, recognised and enforced the charter 9 December 1401, as continued by the Royal charter 21 Jan. 1101 o." («) "In contradistinction from a general service. The return- of a general service oulv established propinquity without giving right to a special service." [•' A " (vol. i, p. 201, note " i "), as in note " b," p. 2J&J t Mr. Riddell. after quoting a Royal charter, IS Jan. 1365/01, of the lands of Kinnoull iu favour of Nicholas de Knskiue, son of " Roberti lie Erskine, militis ct Chrilliant de Kith, spouse sue" adds that the latter " was not a Meiiteith and had married a separate and earlier [Sir Robert] Krskine." He, however, gives no authority for either of these positive statements and the identity of the Sir Robert Erskine who m. Christian Keith, with that of Sir Robert Erskine of Alloa and Dun (the father of Sir Thomas) seems more than probable. With respect, however, to the Lady (Christian), Mr. HalleU mentions a charter of DJUl [Chartulary of Cainbus kenneth, p. 255 1 which was granted by Janet (net Meiiteith) Countess of Stratliern (a yr. sister of Christian, who m. Sir Kdward Keith) "Domino Roberto de Krskine, militi et Ihniine Christiune tic Keith spouse sue, cunsanyninec nostrc carissimc." In this the word M eousaitguinea " certainly seems to indicate 1 a more distant connection than that of "sister," and tends to support the theory that the wife of Sir Robert was mc Keith, and u davghlcr (not the widow) of Sir Kdward Keith the husband of Christian, Hit Meiituith, bister to tlio sail I Countsas. Tills Sir Edwanl Keith is stated (by Sir Henry Darkly, in " The Genealogist;' N.S., vol. ix, p. 198, note 2), to have (/. iu 1350, not in 134u (at the battle of Durham) as is generally Htatcd.