James Cunningham, 7th Earl of Glencairn
Encyclopedia
James Cunningham, 7th Earl of Glencairn (died 1630) was a Scottish peer
and member of the Privy Council of Scotland
.
by his spouse Janet, daughter of Sir John Gordon of Lochinvar
, James was engaged in the notorious Raid of Ruthven
in 1582.
.
was appointed by that monarch in 1606 to regulate the matter, and the different peers were invited to produce their Letters Patent
s, or other evidence, in support of the relative antiquity of their titles. The result was the publication of the noted Decreet of Ranking on March 5, 1606. James, Earl of Glencairn, not having requisite proof at hand, and not being lawfully summoned, did not appear on the occasion; his precedence was, in consequence, unjustly prejudiced, and he was ranked after, instead of before, the Earls of Eglinton
, Montrose, Cassillis, and Caithness
. Three years afterwards, on June 16, 1609, having been summoned to attend parliament, Glencairn appeared personally before the Lords of the Privy Council
, and stated that he was bringing an Action of Reduction of the said Decreet before the Lords of Council and Session
, and produced the original Glencairn Patent
of May 28, 1488, requesting that it should be "read in the audience of the Parliament". In the Action of Reduction he obtained a judgement in his favour dated July 7, 1610, affirming his precedence over the Earls of Eglinton and Cassillis. However, as the other two earls (Montrose and Caithness) had not been cited in the action, and as the judgement of the court placed the Earl of Eglinton
after them, though entitled to precede them, that peer brought a further Action of Reduction of the said sentence and obtained a decreet in his favour dated February 11, 1617.
Not until January 19, 1648 did James's grandson, William Cunningham, 9th Earl of Glencairn bring a further action in the Court of Session
and obtain a new Decreet in hs favour on the point of precedence against the four earls who had claimed to rank before him; he also obtained a reduction of the Decreet obtained by the Earl of Eglinton
in 1617.
The earl married secondly, Agnes, daughter of Sir James Hay of Fingask, and widow of George Preston of that Ilk and Craigmillar
(d. 1609), by whom the earl had no issue.
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
and member of the Privy Council of Scotland
Privy Council of Scotland
The Privy Council of Scotland was a body that advised the King.In the range of its functions the council was often more important than the Estates in the running the country. Its registers include a wide range of material on the political, administrative, economic and social affairs of Scotland...
.
Early life
The eldest son and heir of William Cunningham, 6th Earl of GlencairnWilliam Cunningham, 6th Earl of Glencairn
-Biography:He was the son of Alexander Cunningham, 5th Earl of Glencairn and Janet Hamilton, daughter of James Hamilton, 1st Earl of Arran. He married sometime before 24 August 1549 to Janet Gordon of Lochinvar . She was the daughter of Sir John Gordon of Lochinvar and Margaret Crichton...
by his spouse Janet, daughter of Sir John Gordon of Lochinvar
Lochinvar
Lochinvar is a loch in Scotland that is now a reservoir. It nestles in the hills of Dumfries and Galloway to the north-east of St. John's Town of Dalry. It is drained by the Lochinvar Burn, which flows south to the Water of Ken. The ruins of a castle stand on a now submerged islet within the loch...
, James was engaged in the notorious Raid of Ruthven
Raid of Ruthven
The Raid of Ruthven was a political conspiracy in Scotland which took place on 22 August 1582. It was composed of several Presbyterian nobles, led by William Ruthven, 1st Earl of Gowrie, who abducted King James VI of Scotland. He was seized while staying at the castle of Ruthven , and kept under...
in 1582.
Parliamentary appointments
A Privy Councillor to King James VI of Scotland, he was one of the Commissioners nominated by parliament, in 1604, for the projected Union with EnglandEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
.
The great precedency disputes
The disputes amongst the Scots nobility regarding precedence reached such a height in the reign of James VI that a Royal CommissionRoyal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
was appointed by that monarch in 1606 to regulate the matter, and the different peers were invited to produce their Letters Patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
s, or other evidence, in support of the relative antiquity of their titles. The result was the publication of the noted Decreet of Ranking on March 5, 1606. James, Earl of Glencairn, not having requisite proof at hand, and not being lawfully summoned, did not appear on the occasion; his precedence was, in consequence, unjustly prejudiced, and he was ranked after, instead of before, the Earls of Eglinton
Earl of Eglinton
Earl of Eglinton is a title in the Peerage of Scotland.Some authorities spell the title: Earl of Eglintoun In 1859 the thirteenth Earl of Eglinton, Archibald Montgomerie, was also created Earl of Winton in the Peerage of the United Kingdom, which gave him an automatic seat in the House of Lords,...
, Montrose, Cassillis, and Caithness
Earl of Caithness
Earl of Caithness is a title that has been created several times in the Peerage of Scotland, and has a very complex history. Its first grant, in the modern sense as to have been counted in strict lists of peerages, is now generally held to have taken place in favor of Maol Íosa V, Earl of...
. Three years afterwards, on June 16, 1609, having been summoned to attend parliament, Glencairn appeared personally before the Lords of the Privy Council
Privy Council of Scotland
The Privy Council of Scotland was a body that advised the King.In the range of its functions the council was often more important than the Estates in the running the country. Its registers include a wide range of material on the political, administrative, economic and social affairs of Scotland...
, and stated that he was bringing an Action of Reduction of the said Decreet before the Lords of Council and Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
, and produced the original Glencairn Patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
of May 28, 1488, requesting that it should be "read in the audience of the Parliament". In the Action of Reduction he obtained a judgement in his favour dated July 7, 1610, affirming his precedence over the Earls of Eglinton and Cassillis. However, as the other two earls (Montrose and Caithness) had not been cited in the action, and as the judgement of the court placed the Earl of Eglinton
Earl of Eglinton
Earl of Eglinton is a title in the Peerage of Scotland.Some authorities spell the title: Earl of Eglintoun In 1859 the thirteenth Earl of Eglinton, Archibald Montgomerie, was also created Earl of Winton in the Peerage of the United Kingdom, which gave him an automatic seat in the House of Lords,...
after them, though entitled to precede them, that peer brought a further Action of Reduction of the said sentence and obtained a decreet in his favour dated February 11, 1617.
Not until January 19, 1648 did James's grandson, William Cunningham, 9th Earl of Glencairn bring a further action in the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
and obtain a new Decreet in hs favour on the point of precedence against the four earls who had claimed to rank before him; he also obtained a reduction of the Decreet obtained by the Earl of Eglinton
Earl of Eglinton
Earl of Eglinton is a title in the Peerage of Scotland.Some authorities spell the title: Earl of Eglintoun In 1859 the thirteenth Earl of Eglinton, Archibald Montgomerie, was also created Earl of Winton in the Peerage of the United Kingdom, which gave him an automatic seat in the House of Lords,...
in 1617.
Marriage
James, Earl of Glencairn, married firstly, on September 5, 1574 Margaret (d. January 1610), daughter of Sir Colin Campbell of Glenurquhy by his spouse Catherine née Ruthven. They had the following issue:- William Cunningham, 8th Earl of GlencairnWilliam Cunningham, 8th Earl of GlencairnWilliam Cunningham, 9th Earl of Glencairn , was a Scottish nobleman, Lord Chancellor of Scotland, and a cavalier. He was also the chief of Clan Cunningham....
- James Cunningham of Stevenstoun & Kerilaw (d. after August 1612)
- John Cunningham of Kilmarnock (d. after July 1627)
- Lady Ann, who married in 1603: James Hamilton, 2nd Marquess of HamiltonJames Hamilton, 2nd Marquess of HamiltonJames Hamilton, 2nd Marquess of Hamilton and 4th Earl of Arran KG PC , styled Lord Aven from 1599 to 1604, was a Scottish politician. He was the son of John Hamilton, 1st Marquess of Hamilton....
(d. 1625). - Lady Susanna, who married in 1610: Alexander Lauder, younger of HaltounHaltoun HouseHaltoun House, or Hatton House, was a Scottish baronial mansion set in a park, with extensive estates in the vicinity of Ratho, in the west of Edinburgh City Council area, Scotland...
(d. 1623). - Lady Margaret, who married in 1610: Sir James Maxwell of Calderwood
- Lady Catherine, who married in 1612: Sir John Cunningham of Glengarnok
- Lady Jean (d. 1597)
- Lady Mary, who married John Crawford of Kilbirnie
The earl married secondly, Agnes, daughter of Sir James Hay of Fingask, and widow of George Preston of that Ilk and Craigmillar
Craigmillar Castle
Craigmillar Castle is a ruined medieval castle in Edinburgh, Scotland. It is situated south-east of the city centre, on a low hill to the south of the modern suburb of Craigmillar. It was begun in the late 14th century by the Preston family, feudal barons of Craigmillar, and extended through the...
(d. 1609), by whom the earl had no issue.