THE -KERS OR KERBS.
HE pedigreeof the Kers or Kern, though not stretching back-farther than the fourteenth century, •is a singularly com- plicated one. •They are divided into two great clans, the Kers of Cessford, now represented through females by the Duke of Rox- burghe ; and the Kerns of Fernihirst, represented in the lineal male line by Use Marquis of Lothian. But the first peerage of Lothian obtained by the :latter family was derived from the heiress of fa branch of the Cessford Kers, and the two families both inter- married and aasaminated each other frequently daring the middle ages. Together with the S'cotts of Buccleuch and .the Elliots,,they may be taken as the representatives of the clans of the Scottish Border, who were better known than loved in-the-English northern counties. According to tradition the two families of Cessford and Fernihirst were descended from two brothers of Anglo-Norman lineage -who settled in the thirteenth , century. Neither would yield precedence to the other, but according -to Sir George Mac- kenzie, the Kerrs of Fernihirst proceed' from the elder brother, because they carry the same arms with the Kerrs of England and France, without any difference of tincture or charge. But as the " brothers " themselves am somewhat mythical personages, we may -waive the point, and proceed to ascertained facts. It will be perhaps more convenient to follow first the fortunes of the Knee of
CESSFOED. -
The first distinct ancestor of this family is a JOHN Ken, " of the forest of Selkirk," mentioned in two charters of the years 1357 and 1358. By the former of these charters he has a grant of the lands and tenements in Auldtounburn, resigned by John de Cope- land, and which fomerly belonged to Adam de Rule. By the second there is a grant to him and his wife .N1 ariot of part of the lands of Molla and Auldtounburn in the regality of Spronistoun, on the resignation of William de Blackdene. There is a Henry Kerre mentioned in 1363, who is perhaps his son, and a Robert Ker of Auldtounbarn, probably grandson of John, who on the 20th of June, 1404, had a charter from Archibald, fourth Earl of Douglas, of the lands of Smelholme [Smailholm] and others, holding blench of the Earl. He certainly had two sons, the elder, Richard, having a charter as such from the-same-Earl of several lands in 1412, and dying without issue, and Andrew, the second son, of Auldtounburn, being served heir to his brother in 1428. On the 20th of November, 1430, he had a charter of the barony of -Prymside, on the resignation of Andrew Rule, and a confirmation of the same from Archibald Douglas, " Duke of Touraine," in 1432. In 1439 he had charters of several lands in the regality of Spronstoun from the same nobleman, who designates him as " his beloved kinsman," and in 1446 of the barony of CESSFORD. Ile died before 1450, leaving three sons. The eldest son, Andrew, succeeded him in Cessford. On the 25th of July, 1450, he had a charter of the lands of Catiscleuch, in the barony of Herbertshire, forfeited by Sir Alex- anderLivingstone. The familyseem still to have been attached to the House of Douglas, for in the same year, on the 12th of November, Andrew Ker was one of those who had asafe conduct to go with the Earl of Douglas to Rome, when that nobleman, finding his influence at Court waning, retired for a-time from Scotland, and he had ano- ther safe-conduct together with the Earl on the 12th of May, 1451. On the 6th of February, 1452, he had a charter of the King's lands of his barony of Auld ROXBURGHE ; and-he was one of the conserva- tors of a truce with the-English in May, 1453, June, 1457, and Sep- tember, 1459. In July, 1466, he was engaged inn daring outrage on the Royal person. Whilst James III., who had only just completed his fourteenth year, was sitting in his Exchequer Court in the palace of Linlithgow, Lord Boyd, accompanied by Lord Somerville, Andrew Hepburn of Hailes, and Andrew Ker of Cessford, violently invaded the Court, which was kept by the officers and attendants of the Chamberlain, Lord Livingstone, and laying hands on the King, compelled him to mount on horseback behind one of the Ex- chequer deputies, and to accompany them to Edinburgh. In the Parliament which was immediately held there-a solemn farce was enacted, the poor boy King being made to declare publicly before the Estates that he came from Linlithgow of his own free-will, and to secure the perpetrators of the outrage more effectually an instrument was drawn up •under the Great Seal (October 13), in which Boyd and his accomplices were -formally pardoned. The Kers of Cessford seem to have been fortunate or skilful enough to enjoy successively the favour of the Douglases and the Boyds withoutzuffering from the downfall of their patrons. On the 7th of January, 1465, Andrew Ker had a grant of the wardship and marriage of Robert Mow, and die.1 about the -year 1480. He was twice married, and by his first wife, a daughter of William Douglas of Cavern, had four sons and a daughter, Margaret, married first to Sir James Sandilands of Calder, and secondly to the third Earl of Errol. Walter Ker, the eldest son, was in 1471 infef I by-his grandfather, William Douglas, in the lands of Borth- wiekshiels, and in 1471 had a charter of the lands of Cessford, Huntleslands, Auld Roxburghe, Auldtounburn, and Prymside, on the resignation of his father, to him and the heirs male of his body and those of his brothers in remainder, and he had a similar charter in May, 1481, including part of Smailholm and Hnntles-
land, in the barony of Cavertoun, and on the 7th of August, 1484, of part of the lordship of Cavertoun, forfeited by Lord Boyd. In October of the latter year he was one of the commissioners for settling Border disputes with the English, and on the 3rd of August, 1438, had charters of the Castle, Castle-stead, place, and messuage of Roxburghe, and the right of patronage of the Hospital of Maison Dieu of Roxburghe. He was one of the commissioners to treat with the English in December, 1491, and a safe-conduct into England with other commissioners in july,1494. He had a charter of the Maison Dieu of Jedburgh in February, 1500, and on the 25th of October, in the latter year, had a gift under the Privy Seal of the land and messuage of Richard Ruyerford, " of that ilk," to him and his grandson, Andrew Ker, son of his deceased son Sir Robert Ker of Cavertoun. He founded a chapel at Cavertoun for the repose of his own soul and that of his son Robert, and died about the 25th of November, 1501. He was twice married. His second son by his first wife, Mark Ker of Dolphingstoun, was the ancestor of the Kers of Littledean, who, in 1805, unsuccessfully preferred a claim to the estates of the Duke of Roxburghe, as heirs male of the family, but in December, 1811, were recognized by the Court of Session as heirs male of the Kers of Cessford and Roxburghe. Walter Kees daughter (Elizabeth) by his first mar- riage married first a Rutherford, and secondly Sir Walter Scott of Branksome.
Sir Robert Ker, Walter Ker's eldest son, had on the 18th of February, 1491, a charter of part of the barony of Haldene, in Roxburghshire, to be called the barony of Lowstlaw. He was a favourite of James IV., his chief cupbearer, master of his artillery, and Warden of the Middle Marches. Having in this last capacity excited the hostility of some of the Borderers by what they considered excessive rigour, he was in the year 1300 attacked and slain by three Englishmen, Lilburn, Starhead, and the bastard Heron. This was in the reign of Henry VII. of England, by whom Lilburn was delivered to the Scots, while the other two made their escape. But King Henry, anxious to keep on good terms with Scotland, arrested the brother of the murderer Heron, and sent him in fetters to that country. After some years Lilburn died in prison, and Starhead and his accomplice "stole forth from their concealment, and trusting that all would be forgotten under the accession' of a new monarch, began to walk more openly abroad.'' But on the 30th of September, 1511, Andrew Ker, eldest son of the murdered man, having attained his majority, was served heir to his grandfather, and was not a man to let the death of his father go unrevenged. Two of his vassals sought out Starhead's residence during the night, though it was ninety miles from the Border, and breaking into the house mur- dered him, after which they sent his head to their master, who exposed it in the most conspicuous part of the capital, a pro- ceeding which not being checked or punished by James, added much to the ill feeling towards him growing up in the breast of Henry VIII. Andrew Ker was knighted, was one of those who in May, 1515, signed the letter to the King of France about in- cluding Scotland in the treaty with England, and in January, 1521, as Warden of the Middle Marches, was one of the commissioners to treat with the English. He adhered to the Douglases during the minority of James V., and was killed fighting on their side, in the unsuccessful attempt made by his brother-in-law Sir Walter Scott of Buccleuch to rescue James from their domination at Mel- rose, July 18, 1526.
His death is said to have been much regretted by both sides, but it caused, as we have seen, a blood-feud between the Kers and
the Scotts. By his wife, Agnes, daughter of Robert, second Lord Crichton of Sanquhar, he had two sons, Sir Walter, who succeeded him in the principal estates, and Mark Ker. The latter entering into holy orders, was promoted in 1546 to the dignity of abbot of Newbottle, or NEWBATTLE, near Dalkeith, and at the Reforma- tion, in 1560, renouncing the Roman Catholic faith, held his bene- fice in commendam, being styled the Commendator of Newbattle. He had several grants of lands, as East and West Bernis, in the constabulary of Haddington, &c., was appointed one of the Ex- traordinary Lords of Session, April 28, 1569, and died in 1581. By his wife, Lady Helen Leslie, second daughter of George, fourth Earl of Rothes, he had several sons, the eldest of whom, Mark, was appointed Master of Requests in 1577. was confirmed in the Corn- mendatorship of Newbattle, and in 1584 succeeded his father as an Extraordinary Lord of Session. On the 28th of July, 1587, the lands of Newbattle were erected into a barony for him with the title of Baron, amid on the 15th of October, 1591, he had a charter of the baronies of Prestongrange and Newbattle, erected into the lordship of Newbattle, with the title of a Lord of Parliament. He had, in January, 1599, charters of the offices of Justiciary and Bailiary in the regality of Stow and Wedale of the lands of Cribbilaw, April 17, 1599, and of the ecclesiastical lands of Ker- ingtoun, April, 1601. On the 10th of February, 1606, he was raised to the title of EARL or LOTHIAN, to him and the heirs male of his body, and died April 8, 1609. His eldest son, Robert, succeeded him as second Earl of Lothian, and was served heir to him in his property in the counties of Edinburgh, Fife, Hadding- ton, Lanark, Linlithgow, Peebles, and Stirling. Having no male issue, he made over his estates and titles, with the King's appro- bation, to his eldest daughter, Lady Anne, and the heirs of her body, and she accordingly succeeded thereto at his death, July 15, 1624. His next brother, Sir William Ker of Blackhope, on that event assumed the title of Earl of Lothian, but was debarred from using it by the Lords of Council in March, 1632. Anne Countess of Lothian married William, eldest son of Robert Ker (of Fernihirst), first Earl of Ancrum, and thus carried the title of Lothian into the House of Fernihirst, of which we shall speak presently.
Having traced this younger branch of the Kers of Cessford thus far, we now return to the elder son of Sir Andrew Ker of Cessford, Sir Walter Ker of Cessford. Sir Walter had in 1564 a charter of lands belonging to the Friars Minorites in Rox- burghshire, he having espoused the cause of the Reformation, and on November 6, 1570, of lands in Newbattle. Having married Isabel, daughter of Sir Andrew Ker of Fernihirst, he joined with that Border chief in the nocturnal encounter in October, 1552, in which Sir Walter Scott of Bue,clench fell, which seems to have been looked upon in the light of a cruel murder, and for which the two Kers obtained a formal letter of remission under the Great Seal. However, Sir Walter of Cessford took the opposite side to the Fernihirst family in the civil wars of Mary's time, entered into the agsociatiou for the support of King James in 1567, and died in 1584 or 1585. His eldest son, Andrew, dying before him, he was succeeded by his second, William, who in August, 1587, had charters to himself and his second son Mark of the barony of Ormistoun, and of Maxtoun in January, 1592. He had also a charter of the barony of Erneheuch, July 20, 1595, and died in February, 1600. Sir Mark Ker, his second son, died without issue, leaving the barony of Ormistoun to his elder brother, Sir Robert Ker of Cessford. William Ker's eldest daughter, Mary, married Lord Walter Scott, of Bucclench, and so terminated the blood-feud. His second daughter, Margaret Ker, married Sir James Bellenden of Broughton, and was mother of the first Lord Bellenden. Sir Robert Ker, who succeeded as head of the House of Cessford, made his first public appearance in 1585, when he joined the banished lords in their successful attempt to drive Stewart, Earl of Arran, from the King's person. He was concerned in 1590 in the murder of William Ker of Ancrum, when the disputes between the families of Cessford and Fernihirst respecting seniority ran high, and obtained a remission for this murder under the Great- Seal, November 18, 1591. He was Warden of the Scotch Border,. and according to the English Warden at the same time, Sir Robert Cary, was a brave, active young man. In 1597, in consequence of his neglect of an agreement made by commissioners on both sides. for the mutual delivery of prisoners, Sir Robert Ker surrendered himself to Cary, who courteously entertained him for some time, and then, by order of the Queen, delivered him to the custody of the Archbishop of York, who wrote to the Treasurer, " I under- stand the gentleman is wise and valiant, but somewhat haughty and resolute." He was soon released, and in the end of December, 1599, was created Lord Roxburghe. He had charters of Halyden, &c., the 3rd of August, 1602, and of the town of Kelso and barony of Sproustoun on the 5th of the same month. He accompanied King James to England in 1603, and was one of the commissioners for a union with that country in July, 1604. He was created Earl of Roxburghe, Lord Ker of Cessford and Cavertoun, to hire and his heirs male, September 18, 1616.
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