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Anent the petition given in to his majesty's commissioner his grace and honourable estates of parliament by William, earl of Roxburghe, showing that by the noble consuetude, practice and dignity amongst the noble families of this kingdom the eldest son of an earl, who is chief and first of his name and family, is always and solely entitled lord of that name, so that the son of any other of that name or cadet of that family does not assume to himself the title of lord of that name, but takes the title of some other lordship, as might appear by the titles and dignities of many noble families annexed to the said petition, conforming whereunto and to the patent of earl granted to the deceased Robert, earl of Roxburghe, lord Ker of Cessford, the eldest sons of the said earl of Roxburghe, and of William, now earl of Roxburghe, his successor, have been and are always designed Lord Ker as being chief of that name and family. Nevertheless, Robert, lord Newbattle, a cadet of the house of Cessford (the chief house and family of that name of Ker) contrary to the said noble consuetude, practice and dignity observed among the noble families of this kingdom, and contrary to the earl of Roxburghe's patent privilege as chief and his constant possession, and without any warrant from the patent granted to the Lord Newbattle's father (whereby he is only created earl of Lothian, lord Newbattle) does assume to himself the title of Lord Ker and so does encroach upon the title and dignity of the earls of Roxburghe and their eldest sons; supplicating, therefore, the lord commissioner his grace and honourable estates of parliament that they would grant warrant to summon the said Robert, lord Newbattle and William, earl of Lothian, his father for his interest, to compear before the said lord commissioner his grace and estates of parliament to hear and see it found and declared that the title of Lord Ker does only belong to the eldest sons of the earl of Roxburghe, and the said William, earl of Lothian and Robert, lord Newbattle, his son, and their heirs and successors in the earldom of Lothian and title of earl of Lothian and dignities thereof, decreed to desist and cease in all time coming from assuming or taking to them or any of them or their eldest sons or heirs the title and dignity of Lord Ker, under such pains and certifications as the lord commissioner his grace and honourable estates of parliament should think fitting, for the reasons foresaid and others, as in the said petition at more length is contained. Which petition being, by the lord commissioner his grace and estates of parliament, referred to the lords of the articles to be by them brought in to the parliament, after the hearing of all parties with their opinion thereupon, and conforming to the which reference and desire of the said petition, the lord commissioner his grace and lords of the articles, having upon 8 April instant given warrant to macers or messengers at arms to summon the said William, earl of Lothian and Robert, lord Newbattle, his son, to compear before them at a certain day past to answer to the said petition, and being accordingly lawfully summoned by John Bowie, messenger for that effect, and the said William, earl of Roxburghe compearing personally with Mr Andrew Gilmour and Mr Thomas Learmonth, advocates, his procurators, who for instructing of the said petition produced before the lord commissioner his grace and said lords of the articles a commission under his majesty's great and privy seals directed to Alexander [Seton], earl of Dunfermline, lord chancellor for the time, for creating and inaugurating Robert, lord Roxburghe to be earl of Roxburghe and Lord Ker of Cessford and Caverton, dated 18 September 1616, with several other writs and infeftments wherein the said late earl of Roxburghe, and this present earl of Roxburghe, are designed earl of Roxburghe, Lord Ker of Cessford and Caverton, and their sons respectively Lord Ker unconditionally and without any addition; as also they produced the protocol book of Richard Cass, notary public, bearing, in several authentic instruments contained therein, the deceased earl of Lothian to be thus designed, namely Mark, earl of Lothian and Lord Newbattle. And the said William, earl of Lothian and Robert, lord Newbattle, his son, compearing likewise personally with Mr William Maxwell and George Lockhart, advocates, their procurators, who produced a patent under his majesty's great seal to the said William, earl of Lothian, creating him earl of Lothian and Lord Ker of Newbattle, dated 31 October 1631: item, an act of council receiving the said earl of Lothian to be earl of Lothian and Lord Ker of Newbattle; and a competent time being assigned by the lord commissioner's grace and lords of the articles to either party and their procurators for seeing and perusing of the writs produced hereafter and giving their answers thereto, it was craved, thereafter, by the said earl of Roxburghe and his said procurators, in his name and behalf, that conforming to the desire of his bill and, for the reasons therein contained and the evident proofs thereof in the writs produced by him and conforming to the ancient and uncontroverted custom of all the noble families of this kingdom that bear one surname, as the several families of the name of Douglas, Gordon, Graham, Erskine and a great many others, the title of Lord Ker may be adjudged to pertain solely to the eldest son of the earl of Roxburghe in all time coming, especially seeing the patent produced by the earl of Lothian himself bears an express clause thus: we authorise that he and his heirs who are called earls of Lothian and lord of Newbattle (without prefixing the surname or title of Ker to the title of Newbattle) in all future time; and although several noblemen are designed in their patents by their surnames and titles, as for instance the earl of Tweeddale is designed earl of Tweeddale, Lord Hay of Yester, yet his son is only designed and called Lord Yester, as the like might be instanced for the rest of the whole noble families within this kingdom that are not chief of the name. And also the said William, earl of Lothian and his said son and their procurators, in their name and behalf, craved that, conforming to the earl of Lothian's patent produced, wherein his majesty who is the fountain and source of all honour, creates him earl of Lothian and Lord Ker of Newbattle, we create and establish by the present words, and that several times repeated and also conforming to the act of council produced wherein he is received by his majesty's privy council as earl of Lothian and Lord Ker of Newbattle, the said earl of Lothian and his said son and their successors in that dignity might be warranted and allowed to make use of the title conferred upon them by his majesty, and the earl of Roxburghe, or any of his successors, discharged to quarrel or bring the same in debate in time coming. And as to the alleged practise of other noble families that are of one surname, it is answered first, the earl of Lothian denies the earl of Roxburghe to be his chief; 2. the allegiance is not relevant unless the earl of Roxburghe and his procurators will say that the matter of title and designation has been quarrelled, brought in debate and legally decided in favour of the chief of the name. The lord commissioner his grace and lords of the articles, having heard, read, seen and considered the writs and evidents produced by both parties, and also having heard and considered their reasons and allegations, which were fully and largely insisted upon and illustrated by the said procurators henceforth, and being therewith, well and ripely advised, the said lords of the articles did make report and offered their opinion to the parliament, namely that the earl of Roxburghe's eldest son should be called Lord Ker, and the earl of Lothian's eldest son Lord Newbattle, without prefixing the surname or title of Ker to the title of Newbattle, which report, being this day made in open parliament, and the parliament having fully and thoroughly considered the case, our sovereign lord, with advice and consent of the estates of parliament, approves the opinion and report of the lords of the articles, and finds and declares that the title of Lord Ker does only belong to the eldest son of the earl of Roxburghe and decrees and ordains the eldest son of the earl of Lothian to be designed and called in all time coming Lord Newbattle simply, without prefixing the surname or title of Ker to the title of Newbattle, as said is, and to keep those titles and no others both the said parties are hereby required and ordained.