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| Earl of Mar (1689) | |
|---|---|
| Title | Earl of Mar (1689) |
| Created | 1689 |
| Monarch | William II of Scotland |
| Peerage | Peerage of Scotland |
| First holder | John Erskine, Earl of Mar |
| Present holder | disputed |
| Status | disputed |
Earl of Mar (1689). The earldom created in 1689 is a Scottish peerage associated with the Erskine family and the crown settlement after the Glorious Revolution involving William II of Scotland, Mary II of England, and the deposed James VII and II. The title has been central to disputes involving precedents from the Treaty of Union, claims in the House of Lords, and interventions by the Court of Session and the Judiciary of Scotland.
The 1689 creation occurred in the aftermath of the Glorious Revolution and the Convention of Edinburgh that recognized William II of Scotland and Mary II of England as sovereigns after the removal of James VII and II. The Erskine family, prominent in Scotland since the medieval period, had earlier associations with the Mormaerdom of Mar, Battle of Bannockburn, and service to monarchs such as Robert the Bruce and James IV of Scotland. The 1689 patent followed precedents set by earlier peerage grants like the Earl of Argyll and sought to regularize noble precedence amid the shifting loyalties exemplified by the Jacobite movement and figures such as William Douglas, Duke of Queensberry and George Mackenzie, 1st Earl of Cromartie.
The new creation intersected with legal instruments including commissions of peerage and practice from the Parliament of Scotland and the Privy Council of Scotland, and it reflected political settlements influenced by actors such as John Graham of Claverhouse, Archibald Campbell, 9th Earl of Argyll, and ministers allied to William of Orange.
Holders beginning with the 1689 creation include members of the Erskine lineage who were active in Scottish and British affairs across the 18th century and 19th century. Prominent holders engaged with contemporaries like John Dalrymple, 1st Earl of Stair, William Pitt the Younger, and Henry Dundas, 1st Viscount Melville in matters of politics and patronage. Subsequent titleholders appeared in records alongside peers such as Charles Townshend, 2nd Viscount Townshend, William Murray, 1st Earl of Mansfield, and jurists from the Court of Session and the House of Lords.
Several tenants and claimants invoked precedents involving the Peerage Act 1963 and older cases decided by judges including Lord Mansfield and litigants who had appeared before the Judicial Committee of the Privy Council. The family corresponded with legal and political figures like Robert Burns contemporaries, patrons such as Sir Walter Scott, and cultural institutions including the National Galleries of Scotland and the British Museum where archival materials concerning family papers and charters were later deposited.
The earldom has been litigated repeatedly in the House of Lords and Scottish courts, echoing disputes like those over the Duke of Hamilton and the Marquess of Ailsa. Contentions involved competing interpretations of remainders, the nature of ancient Scottish earldoms such as the Mormaer of Mar versus later creations, and questions similar to cases argued in the Court of Session and appealed to the House of Lords and the Judicial Committee of the Privy Council. Litigants cited precedents from decisions on the Earldom of Winton, the Earldom of Kinnoull, and rulings involving Sir Thomas Hope and the Campbell litigation.
Notable disputes brought forward claimants who referenced documents linked to the Registers of Scotland, charters sealed by monarchs including Charles II of England, and writs lodged during reigns of Anne, Queen of Great Britain and George I of Great Britain. Legal counsel in these matters included advocates who later served in government positions comparable to Henry Pelham and William Pitt the Elder, while parliamentary committees examined petitions much like those in inquiries over the Jacobite Peerage and settlement acts following the Jacobite rising of 1745.
Holders and claimants were enmeshed with the Jacobite risings of 1715 and 1745, interacting with leaders such as the Earl of Mar (1715), Charles Edward Stuart, and commanders like Lord George Murray. Allegiances shifted between supporters of James Francis Edward Stuart and the Hanoverian regime under George I of Great Britain and George II of Great Britain. The earldom’s political significance showed in parliamentary petitions, militia commissions, and connections to Highland chiefs including members of the Clan Erskine and other clans like Clan Campbell and Clan Gordon.
The title’s bearers featured in correspondence with statesmen including Robert Walpole, diplomats in Paris and Rome, and proponents of reconciliation such as John Home and intellectuals like David Hume. Their roles influenced patronage networks involving the Royal Society of Edinburgh and military appointments within regiments that served in campaigns contemporaneous with the War of the Spanish Succession and later continental conflicts.
The Erskine family seats associated with the 1689 creation included historic properties in Aberdeenshire, Perthshire, and lands recorded in the Registers of Scotland and estate papers lodged with repositories such as the National Records of Scotland. Residences and demesnes linked to the earldom were referenced alongside prominent country houses like Hopetoun House, Drum Castle, and Fyvie Castle in regional accounts by antiquarians including Sir Robert Sibbald and William Forbes Skene.
Heraldic bearings used by holders recalled Scottish conventions codified by the Court of the Lord Lyon and were depicted in armorials alongside those of peers such as the Marquess of Huntly and the Earl of Sutherland. The coat of arms and mottoes were registered and debated during claims, with seals and roll entries examined by antiquaries and lawyers familiar with heraldic precedent established in cases like disputes adjudicated by Lord Lyon King of Arms and scholars such as Sir James Balfour Paul.