James Cunningham, 7th Earl of Glencairn

James Cunningham, 7th Earl of Glencairn (died 1630) was a Scottish peer and member of the Privy Council of Scotland.

Early life

The eldest son and heir of William Cunningham, 6th Earl of Glencairn by his spouse Janet, daughter of Sir John Gordon of Lochinvar, James was engaged in the notorious Raid of Ruthven 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 England.

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 Commission was appointed by that monarch in 1606 to regulate the matter, and the different peers were invited to produce their Letters Patents, 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.

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 Glencairn
* James Cunningham of Stevenstoun & Kerilaw (d. after August 1612)
* John Cunningham of Kilmarnock (d. after July 1627)
* Lady Anne, who married in 1603: James Hamilton, 2nd Marquess of Hamilton(d. 1625).
* Lady Susanna, who married in 1610: Alexander Lauder, younger of Haltoun (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 (d.1609), by whom the earl had no issue.

References

* Sir Robert Douglas, revised by John P. Wood, "The Peerage of Scotland", Edinburgh, 1813, vol. 1, p.416: "Preston of Craigmillar".
* Burke, Messrs., John and John Bernard, "The Royal Families of England, Scotland, and Wales, with their Descendants", London, volume 1, 1848, pedigrees XCII, CCII and CLXXIII.
* Anderson, William, "The Scottish Nation", Edinburgh, 1867, vol.v, p.312.
* Balfour Paul, Sir James, Lord Lyon King of Arms, "The Scots' Peerage", Edinburgh, 1905: "Glencairn".
* The Great Seal of Scotland, no.345, confirmed at Edinburgh 24th July 1610.