fjgi. life of '^ ohn earl of Bucban. 3 



ritory of an earldom alone, did not, at that time, con-- 

 rey the jurisdiction in Scotland. 



In the year 1408, a charter pafsed the great seal,' 

 for conveying the office and jurisdiction of earl to 

 the laird of Buchan *. The creation of an earl in 

 Scotland gave no particular right of sitting in parlia- 

 ment. John Stuart sat, before his creation to the 

 earldom, in right of his lands. The Scots, it would 

 seem, had no idea in those days of a king creating a 

 citizen and legislator. 



The duke regent obtained likewise for his sonj 

 Buchan, the earldom of Rofs, on the resignation of 

 Euphemia,.the daughter and heirefs of Alexander 

 Lesly earl of Rofs, by the princefs Isabella Stuart, who 

 was the daughter of Albany by his first marriage f. 



Buchan obtained pofsefsion of the earldom of Rofs, 

 and exercised its functions, as well as took the title", 

 as appears from his charters. Donald M-Donnld, 

 lord of the Isles, descended from Somerled, thane of 

 Argyll, disputed the validity of this transaction in 

 right of his wife, fought the battle of Hairlawj anno 

 1408, in defence of his pretensions, which were after- 

 wards, by compromise with the crown, allowed to his 

 son. The earldom of Rofs was long after forfited; 

 and annexed to the crown ; but from the lady Joannaj 

 the second daughter of William the sixth earl, the 

 present lord Salton is descended, and is her heir, not 

 (as it appears) legally affected by the attainder, ac-i 

 cording to our -modern doctrine of forfeiture. 



• Charter in the rolls of Robert auke of Albany. 

 f Euphemia was sickly, deformed, and de'vout, and- had been induced 

 t».bccome a nun. 



