Page:The Complete Peerage Ed 1 Vol 5.djvu/385

MORTON. 383 Lordship of Dalkeith/ 1 ) the Earldom of Morton in Dumfries-shire, Stc, but tlie Earl (after the King's death in Dec. 1542) obtained an annulhnent thereof (as having been extorted from him) from the Court of Session, 29 March 1512,' 1 ') and executed a regrant confirmed the same day by Royal charter, 22 April 1543, in favour of James Douglas, husband of Elizabeth, his second da., and the longest liver of them and their issue male, with rem. to David Douglas, br. of the said Jamcs,'^) and divers other remainders. The Karl d. s.p.m. in 15531 IV. J f . Jambs (Douglas), Earl or Mortox, ami Lord to Dalkeith,' 1 ) [§.], husband (before 1543) of Elizabeth, second of the 1081. three daughters and coheirs of the last named Earl, which lady, who had long been insane, d. (seven years before him) Sep. 1574. lie was yr. br. to David, E.uu. «v Angus [S.] (who sue. to that dignity in 1556), being s. of Sir George Douglas, of Pittendrieeh, by Elizabeth, da. and h. of David Douglas, of Pittendrieeh afsd. Since 1543 he was called B Master of Morton " till in 1553 he sue. to that Earldom, &C [S.], his right thereto being confirmed by a grant of the " Comilatut," 2 June 1564, with divers spec, remainders, confirmed by act of Pari, 19 April 1 ;">»> 7 . His career, ill which he took the side of the reformed religion anil the English party, is a matter of Scotch history. ( c ) He was Lord Chancellor [S.]. 1562-67, but, having taken a principal part in the murder of Hizzio (9 March 150o), was obliged to leave the Kingdom. He was, however, re-instated as Chancellor [S.] in the same year (1567), holding that office till 1572; was in command at the battle of Langside (13 May 156S), on the part of the infant King [S ] : was Reg-ent of Scotland, 1572-78; Lord High Admiral [S], 1578-81. His firm administration, however, had made him unpopular and (notwithstanding that he had obtained, 25 July 1578, the approbation of Pari, of all his acts) he was found guilty of high treason ((.*., implication ill the murder of Darnley, the King Consort), and was executed in the Llrossmarket, Edinburgh, 2 June 1581, when his estates and honors became forfeited. He (I. s.p. legit., and was bur. in the Grey Friars churchyard. V. 1581, 1. John- (Maxwell), Lord Maxwell [8.1, posthumous to s. of Robert, Loud Maxwell [SJ, by Beatrix, yst. da. and coheir of 1883. James (Douglas), 3d E.vnt. ok MORTON [S.], sue. his elder br. as Loud Maxwell [SJ, between Sep. 1552 and Aug. 1553, and was, on the atainder and execution of his uncle (the husband of his mother's sister) James (Douglas), 1th E.utr. mf MORTON next abovenamed, cr. by Royal charter, 0 June 15S4( f ) (ratified by Pari., 19 Nov. following), EARL OF MORTON Since that date (1510) the Barony of Dalkeith appears to have followed the Earldom of Morton. (b) "Bidden, 1833," p. 122, note, and also "Ridded" [IS 12], pp. 6 and 44-46, where the power of the Court of Session and the territorial nature of the dignity arc duly dwelt upon. ( c ) Wood's " Douglas," vol. ii, p. 270, where, however, the order of the remainders dillers somewhat from that in the Appendix of that work p. 667. (•') See note " a " next above. (°) Above 12 double columned and closely printed pages are devoted to it in the " A at. Biography" 0 See p. 275, note " c," sub "Maxwell," as to this creation. The date 1602 (winch seems an error) is ascribed in " Riddel," p. 44, both to the creation and to the act of Privy Council, but Sir William Eraser (following Crawfurd) gives, 29 Jan. 158')/6, as the date of reversing the attainder of the Regent Earl, and a. Ids, "neither by tins act nor by any other was John, Lord Maxwell, deprived of the title of Earl of Morton." Accordingly Eraser speaks of his successor, John, Lord Maxwell, as the 3d Earl of Morton (of the creation of 1581) sajing, also, of Robert, Lord Maxwell, br. and h. of the last named John, that he had a restoration of all lands, dignities, &0., 5 Get. 1618 (his br. having been attainted in 1613) and so "became Lord Maxwell and 3d Earl of Morton," till eft in substitution Earl of Nithsdale, quoting as authority the terms of the patent of 29 Aug. 1620, which conferred that Earldom [Eraser's " Carta rcrock," I, 327.] This would entail two concurrent sets of Earls of Morton from 15S5 to 1620, a theory which, tW not impossible, is not very probable.