Paper on the Mar peerage

16
In tbe first place we see that Earl Donald had
not only a sister Elyne, but a brother David ; there
is proof that this David was married. Mr Goodeve
should have proved that he left no issue, for other-
wise his descendants would succeed before his
sister's children. This he did not do. But more,
Donald and David's sister Elyne was married
twice— besides Sir John Monteith she had a husband
Sir — Garrioch,who had a son Sir Andrew Garrioch,
whose daughter Margaret married Sir — Johnston
of Caskieben, and her heirs exist, and bear (he Mar
and Garrioch arms [see Appendix E.) It is true this
other marriage of Elyne's is not so clearly proved,
but the Johnstons of Caskieben in the 17th century
took proceedings to assert their right as against the
then Lord Mar. They were not powerful, how-
ever, and seem to have been bought off, as the case
was never thoroughly heard. But there is yet
another point which Mr Goodeve would have had
to have cleared up. We find that Sir R. Lyle
married one of the descendants of Earl Gratney —
either a sister of Elyne, or of her daughter Christian,
or of her grand-daughter Jane 1 . The descendants
of Lord Lyle quarter their arms with Mar, as the
Erskinesdo [see Appendix E), and what is even more
to the point,Robert Lord Lyle,soon after the death of
his father, Sir Robert Lyle, in 14°4, claimed as Ins
inheritance a half part of the Earldom of Mar and
Lordship of Garrioch, which is all the Erskines, the
other co-heirs ever did. The family however in
1544 were oppressed with "great and urgent
necessities," and a daughter carried on the line
which still exists — it was hardly lik' ly they could
stand before the powerful Lord Erskine — but
justice would require Mr Goodeve to prove that
the Erskines were descended from the eldest co-
heirs. This has never been done and would he
well nigh impossible. Elyne also is said to have
left a son, Sir J. Monteith, who was married —
his line must be proved extinct. Also Sir Thomas
Erskine's wife is called in charters, Janet Barclay.
There is much needing explanation here. I have
said enough to show that though the Erskines may-
be (as Mr Goodeve asserts they are) the true heirs