[1702/6/11]¹

Charters: patents under the great seal

The patents under the great seal creating Archibald [Campbell], earl of Argyll duke of Argyll, Robert [Kerr], earl of Lothian marquis of Lothian, William [Johnston], earl of Annandale marquis of Annandale, James [Ogilvy], viscount of Seafield earl of Seafield and John [Carmichael], lord Carmichael earl of Hyndford, were read and ordered to be recorded, the tenors whereof do follow:

[Archibald Campbell], duke of Argyll's patent

William, by the grace of God, king of Great Britain, France and Ireland, and defender of the faith, to all honest men to whom our present letters shall have come, greetings. In as much as we bring to our royal recollection that our most loyal and well-beloved kinsman and councillor Archibald, earl of Argyll comes from an illustrious and most noble family with very distinguished members, and traces his line from most famous and most illustrious ancestors who have exercised functions of the highest trustworthiness granted to them with unblemished courage and singular good faith, and who have been distinguished with the highest titles of honour and dignity by our royal predecessors for their most famous actions in safeguarding and sustaining the royal crown; and likewise, we, being acutely aware that Archibald, now earl of Argyll has not only shown evident traces of his most noble ancestry in being equally constant, zealous and eager in his disposition towards us, and in his tenacious and indefatigable eagerness to adhere to our royal service, but has also given most sure indications and provided unmistakable witness thereof by promoting the interest of our crown whenever the opportunity has arisen; and in the exercise of the greatest offices which we have seen fit to entrust to his care, he has acquitted himself with the highest honour and renowned loyalty. We are most conscious and mindful of this, and so that the said Archibald, earl of Argyll and his family may be encouraged therein to continue and persevere in their customary loyalty, steadfastness and enthusiasm for our royal person and government by having a further and more ample dignity conferred upon them; know therefore that we have made, constituted, created and inaugurated, and by the tenor of this patent do make, constitute, create and inaugurate the forementioned Archibald, earl of Argyll duke of Argyll, marquis of Kintyre and Lorne, earl Campbell and Cowal, Viscount Lochow and Glenila, and lord of Inveraray, Mull, Morvern and Tiree. This we give and grant, and by the tenor of this patent we do give, confer and grant the foresaid Archibald, earl of Argyll, and his male heirs whomsoever, the title, honour, dignity and rank of duke. We declare and appoint the foresaid earl of Argyll and his foresaid heirs shall be named and designated for all future time dukes of Argyll, marquises of Kintyre and lords, earls of Campbell and Cowal, Viscounts Lochow and Glenila, and lords of Inveraray, Mull, Morvern and Tiree; and that they possess and enjoy the immunities, precedence, priority and suffrages in all parliaments, general councils, meetings of the estates and other meetings whatsoever, public as well as private, with all other immunities, liberties and privileges whatsoever regarding or able to regard any other duke in our kingdom of Scotland. The foresaid Archibald, earl of Argyll and his foresaid heirs are to hold and have the said title and dignity from us and our most illustrious successors with every pre-eminence and privilege relating thereto as fully and freely in every respect and condition as any other duke of our said kingdom possesses and enjoys; and further we wish and grant, and for ourself and our most illustrious successors we decree and ordain, that this our present letter of appointment shall be as valid, effective and sufficient for the forementioned earl of Argyll and his foresaid heirs to enjoy and possess the said title, honour and dignity of duke and the other titles aforesaid as if he had been invested and inaugurated with the solemnities and ceremonies usually employed in ancient times on similar occasions. We have granted, and by the tenor of this patent, do grant a dispensation therefrom in perpetuity. Moreover, we order the lyon king of arms and the brethren of his court to grant and prescribe such additions to his arms as shall seem to him and them to be appropriate for this occasion. In witness whereof, we have instructed that our great seal be appended to this patent. At our palace of Kensington, 23 June in the year of our Lord 1701, and in the thirteenth year of our reign. Signed by the hand manual of our supreme lord the king.

[1702/6/12]²

[Robert Kerr], marquis of Lothian's patent

William, by the grace of God, king of Great Britain, France and Ireland, and defender of the faith, to all his honest men to whom our present letters shall have come, greetings. In as much as we have given our royal consideration to the many brilliant services offered by our most loyal and well-beloved kinsman and councillor Robert, earl of Lothian, and his predecessors to us and our predecessors throughout many past centuries, and the way he has seized every opportunity to express his feelings and disposition towards our royal person and government, especially at the time of our most happy accession to power, when he and his five sons devoted their timely efforts to us and our affairs; and considering that the foresaid earl comes from one of the most brilliant and ancient families of the kingdom and is heir to the most illustrious family of Ferniehurst and Ancram as well as Lothian, and has from his ancestors a good claim to very many leading and notable places in the kingdom, and, with the help of his friends and vassals, behaved in a most noteworthy fashion while fulfilling the very high appointment of warden of the marches by dealing with thefts, restraining acts of plunder and suppressing outbreaks of violent disorder; and [recalling] that the earl, by his own courage and virtuous character, has preserved the honour and glory of his family and has discharged the various appointments we have entrusted to him to our satisfaction; therefore, induced by these and many other reasons, and to increase the dignity of his family, we have decided to confer upon him and his heirs a perpetual token of our royal generosity so that they be the more empowered and inclined to carry out appointments entrusted to them by us or our royal successors. Know therefore that we have made, constituted and created, and by the tenor of this patent do make, constitute and create the aforementioned Robert, earl of Lothian marquis of Lothian, earl of Ancram, Viscount Brien and lord Kerr of Newbattle, Oxnam, Jedburgh, Dolphingstone and Nisbets, by giving and granting to the foresaid Robert, earl of Lothian, and the male heirs of his body, (failing whom, to the other heirs of entail to succeed to that status for all future time), the title, honour, rank and dignity of marquis with each and every prerogative, pre-eminence, privilege and immunity whatsoever pertaining thereto. By the tenor of this patent, we invest and inaugurate the aforementioned Robert, earl of Lothian and his heirs with this title, honour, rank and dignity, and for all future time they are to be named and designated as marquises of Lothian, earls of Ancram, Viscounts Brien and lords Kerr of Newbattle, Oxnam, Jedburgh, Dolphingstone and Nisbets. The forementioned Robert, earl of Lothian and his foresaid heirs are to hold and have the foresaid title, rank, honour and dignity of marquis with every privilege, liberty and immunity relating thereto from us and our royal successors in all parliaments, general councils, meetings of the estates and other meetings whatsoever, public or private, within the said kingdom. Moreover, we order the lyon king of arms and the brethren of his court to grant and prescribe such additions to the arms of the said earl as shall seem appropriate to him and them on this occasion; and we wish and grant, and for ourself and our successors we decree and ordain, that this present letter of appointment shall be as valid and sufficient for the foresaid earl and his foresaid heirs to possess and enjoy the foresaid title and dignity of marquis with every precedence, prerogative, pre-eminence, liberty and privilege pertaining thereto as if he had been invested and inaugurated with the solemnities and ceremonies used in ancient times; and we have granted, and by the tenor of this patent do grant ourself and our successors a dispensation therefrom in perpetuity. In witness whereof, we have ordered that our great seal be appended to this patent. At our palace of Kensington, 23 June in the year of our Lord 1701, and in the thirteenth year of our reign. Signed by the hand manual of our supreme lord the king.

Written to the great seal and registered 30 June 1701. Signed thus: Charles Kerr. Sealed at Edinburgh, 30 June 1701. Subscribed thus: Andrew Home.