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154 HIGHLAND PAPERS
knycht, and ye lands of EdyrlTg with ye ptines ye quhilk
Lord Erskine, who is said for the first time to appear under that designation in
1438—in what writ, however, it is not stated. Lord Forbes, it is pointed out, is
so styled in a writ of July 1, 1445 (Acts of the Parliament of Scotland, ii. p. 60),
while others have precedence given them in respect that among the witnesses
to the charter erecting the Lordship of Hamilton, dated 3rd July 1445, are
' Willielmo, David, Archibaldo, Hugone et Alexandro, de Douglas Craufurdie,
Moravie Ormonde et Huntlie comitibus consanguineis nostris carissimis.
Duncano Patricio Willielmo Harberto et Alexandro, de Campbell Graham
Sommerveil Maxwell et Montgomerie et Parliamenti nostri dominis' (ibid., ii.
P- 59)-
The same volume, however, seems to contain evidence of still earlier creations.
On 1st March 1427-28 it was enacted that the small barons and free tenants need
no longer personally attend parliaments or general councils provided that
representatives were sent up from each sheriffdom, and that all bishops, priors,
dukes, earls, lords of Parliament and banrents, whose attendance was desired,
should be summoned by a special precept (ibid., ii. p. 15). It therefore seems
plain that Lords of Parliament were in existence at that date.
On 10th March 1429-30 there came before the Parliament held at Perth a dis-
pute between Margaret, lady of Cragy, and Philip de Mowbray, concerning the
lands of Luchald, the parties being represented respectively by John de St.
Michaele and James de Laweddre. After certain procedure the record tells how
the chancellor put the question to the Lords of Parliament underwritten, to wit
certain bishops and earls and great officers—and the lords of Abercorn, Dalkeith,
Erskine, Lochow, Gordon, Dirleton, Somei ville, Maxwell, and Montgomerie,
and also to many other prelates, barons, nobles, and commissioners of burghs as
they were placed in order in their respective seats—and the said Prelates, Earls,
Lords, Nobles, and Commissioners duly made answer thereto, with the result
that the decision was in the lady's favour (ibid., ii. p. 28).
The actual words, which seem sufficiently important to require quotation at
length, are as follows : Cancellarius a dominis de parleamento subscriptis
videlicet, Dunkeldense, Aberdonense, Candidecase, Cathanense, Dumblanense,
Lysmorense et Sodorense Episcopis, Ac Atholie, de Douglas, Angusie, de Marr
de Craufurd et de Catnes comitibus necnon Constabulario Marscallo regni
nostri, dominis de Abircorne de Dalkethe de Erskine de Lochazv de Gordone, de
Dryltone de Sommerz'ile, de Maxwel et de Mongumbry ac etiam multis aliis
prelatis baronibus nobilibus et burgorum commissariis ibidem presentibus.
prout in ordine in suis sedibus siluati erant, singillatim et successive petebat si
per ilia, que allegata erant coram eis, dicte Margrete esset de terris predictis
restitucio facienda. Qui quidem prelati Comites domini nobiles et commissarii
sic singillatim examinati concorditer, nemine contra dicente, dixerunt ipsam
Margaretam fore ad dictas terras de Luchald restituendam,' etc.
This seems conclusive evidence for the view that by loth March 1430 the
lords of Abercorn, Dalkeith, Erskine, Lochow, Gordon, Dirleton, Somerville,
Maxwell, and Montgomerie were Lords of Parliament. And if this be so, and
if as already stated Lords of Parliament were certainly in existence as early as
March 1428, the evidence of the present writ that in 1427 Duncan na-Adh
was formally styled ye Lord Kambal seems to warrant the opinion that the
dignity had been conferred on him prior to that date. The fact that he is sub-