Earl of Erroll - Regrant of The Earldom of Erroll

Regrant of The Earldom of Erroll

A regrant was one of the peculiarities in the Scottish law of Peerage, that a party might, by a resignation to the Crown, and a charter following upon such resignation, obtain power to nominate the heirs to succeed him in his honours and dignities. Some of the highest of the Scottish peerages are held under such nominations. The 11th Earl of Erroll, Gilbert, on 13 November 1666, obtained a regrant of his honours. This regrant had special power to nominate his heirs. This nomination was made in 1674 with Gilbert appointing his cousin Sir John Hay of Keillour and his heir male, failing which, appointing Sir John Hay of Keillour's heir female, and failing which, appointing certain Hays of Tweeddale. The 11th Earl of Erroll having died in 1674 without issue, Sir John Hay of Keillour became 12th Earl of Erroll. On his death in 1704, his son, Charles became the 13th Earl of Erroll. Charles died unmarried in 1717, when the title devolved on his sister, Mary. The 14th Countess of Erroll died in 1758 without issue. Mary's sister Margaret had previously died at Rome in 1723, however she had married James, 5th Earl of Linlithgow, 4th Earl of Callendar, and had issue, and it is from her that the present Earl of Erroll is descended.

This regrant was questioned in the House of Lords in 1797. The then Earl of Lauderdale had questioned George, the 16th Earl of Erroll's right to vote at an election of the peers of Scotland. One of the objections made to the title was that the title of Earl of Erroll was claimed through a nomination. It was decided in 1748 in the case of the earldom of Stair that this power of nomination could not be validly exercised after the Union. The House of Lords, after a full inquiry, decided in favour of the 16th Earl of Erroll's right to the title. That the Earl of Erroll holds the honours of his house undoubtedly and without dispute, is clear from the decision of the House of Lords.