Earl of Selkirk

Earl of Selkirk is a title in the Peerage of Scotland, used since 1646. It has rules of inheritance subject to unusual and unique provisions.

History

The title was created on 14 August 1646 for Lord William Douglas, third son of William Douglas, 1st Marquess of Douglas, along with the title Lord Daer and Shortcleuch.^[1] On 29 April 1656, the first earl married Anne Hamilton, 3rd Duchess of Hamilton. In 1660, after the birth of two sons, he changed his surname from Douglas to "Hamilton", and was created Duke of Hamilton for life, as was then a not uncommon practice in Scotland when a peeress in her own right married someone of lesser degree.^[2]

Second earl's surrender and novodamus

On 6 October 1688, during the reign of James VII, the new Duke of Hamilton surrendered his previous titles to the Crown (except Hamilton). They were reconferred on his third (but second surviving) son Charles, who thereby became second Earl of Selkirk, and who also reverted to his original surname of "Douglas". Thus, while the eldest son was to inherit the title of Duke of Hamilton and have his mother's maiden name for surname, the younger son was to inherit his father's dignities and perpetuate the name of Douglas.

This novodamus for this arrangement embodied a unique remainder, the effect of which was that:

1. the titles would pass to the heirs male of the 1st earl's younger sons before the heirs male of his eldest son (who was heir apparent to his mother's Dukedom of Hamilton);
2. if the person who would otherwise inherit the title was already duke of Hamilton (or would inherit that dukedom at the same time), the titles would pass instead to that duke's next surviving brother;
3. if the titles were ever held by a duke of Hamilton (either because an earl of Selkirk succeeded as duke of Hamilton, or because provision 2 was unable to operate because the heir was a duke of Hamilton who had no surviving younger brothers), the titles would pass on that duke's death to his second surviving son;
4. if the titles had passed to a younger brother or younger son under provisions 2 or 3, they would then pass to his heirs male on his death; but
5. if such a younger son or younger brother's heirs male died out, the title would not pass to his own younger brothers and their heirs male, but would instead revert to the senior male line, with provisions 2 and 3 operating as before.^[3]

This remainder is so unusual that a Scottish country dance—Hamilton House—was created around it.^{[citation needed]}

Third earl

The second earl died childless in 1739, and his younger brother, John Hamilton, 1st Earl of Ruglen (who had been so created on 14 April 1697), succeeded as the third earl. He outlived his son and heir, and when he died in 1744 the Earldom of Ruglen and its subsidiary titles passed to his daughter Anne Douglas, Countess of March, and on her death in 1748 to William Douglas, 3rd Earl of March (later 4th Duke of Queensberry).

Fourth, fifth and sixth earls

The earldom of Selkirk and its subsidiary title, being limited to male heirs, passed to Dunbar Hamilton, grandson of Lord Basil Hamilton, sixth son of the first earl. Upon succeeding as fourth earl, he, like the second earl, changed his surname to "Douglas".

On the fourth earl's death in 1799, he was succeeded by his only surviving son, Thomas, as fifth earl, who was then succeeded on his own death in 1820 by his only son, Dunbar, as sixth earl.

Seventh earl

On his death in 1885, the heirs male of the younger sons of the first earl expired. The heir male of the first earl's eldest son was William Douglas-Hamilton, 12th Duke of Hamilton, but under the special remainder (provision 2 above) the titles passed instead to his younger brother, Lord Charles Hamilton, who succeeded as seventh earl.

Eighth earl

When the seventh earl died unmarried in 1886, the titles reverted to his elder brother, who had no further brothers to whom they could pass, and who accordingly succeeded as eighth earl.

Ninth earl

When the eighth earl died without a son in 1895, the dukedom passed to his fourth cousin, Alfred Douglas-Hamilton, who succeeded as 13th duke of Hamilton. As he also had no brothers, he also succeeded as ninth earl of Selkirk.

Tenth earl

When the ninth earl died in 1940, his eldest son, Douglas Douglas-Hamilton, inherited the dukedom, but the earldom of Selkirk and its subsidiary title passed under the special remainder (provision 3 above) to his second son, Lord George Douglas-Hamilton, who succeeded as 10th earl.

Eleventh earl

Upon the death of the 10th earl in 1994, married but childless, the titles passed (under provision 5 above) to his nephew, Lord James Douglas-Hamilton, second son of the 14th Duke of Hamilton and next brother of Angus Douglas-Hamilton, 15th Duke of Hamilton, who succeeded as 11th earl. This succession was unsuccessfully challenged in the Court of the Lord Lyon by Alasdair Douglas-Hamilton, son of Lord Malcolm Douglas-Hamilton, next brother of the 10th Earl. Lord Malcolm had died in 1969 as heir presumptive to the 10th earl and his son was listed thereafter in that position by reference works such as Whitaker's Almanack^[a] and Debrett's^[b] but it was the ruling of the court that the death of the 14th duke in 1973 had placed the younger sons of the 14th duke ahead of the younger sons of the 13th duke and their issue in line to the earldom.

The 11th earl was, at the time of his succession, the Member of Parliament for Edinburgh West, and he disclaimed the titles in order to remain in the House of Commons. He was later elevated to the House of Lords with a life peerage as Baron Selkirk of Douglas, and served as a Member of the Scottish Parliament.

Earls of Selkirk (1646)

• William Douglas-Hamilton, 1st Earl of Selkirk, jure uxoris 3rd Duke of Hamilton (1634–1694)
• Charles Douglas, 2nd Earl of Selkirk (1663–1739) (son of the 1st Earl, younger brother of 4th Duke of Hamilton)
• John Hamilton, 3rd Earl of Selkirk (1664–1744) (brother of 2nd Earl, younger brother of 4th Duke of Hamilton)
• Dunbar Douglas, 4th Earl of Selkirk (1722–1799) (great-nephew of the 3rd Earl)
• Thomas Douglas, 5th Earl of Selkirk (1771–1820) (son of the 4th Earl)
• Dunbar James Douglas, 6th Earl of Selkirk (1809–1885) (son of the 5th Earl)
• Charles George Hamilton, 7th Earl of Selkirk (1847–1886) (fourth cousin once removed of the 6th Earl, younger brother of the 12th Duke of Hamilton)
• William Alexander Louis Stephen Douglas-Hamilton, 12th Duke of Hamilton, 8th Earl of Selkirk (1845–1895) (older brother of 7th Earl)
• Alfred Douglas Douglas-Hamilton, 13th Duke of Hamilton, 9th Earl of Selkirk (1862–1940) (fourth cousin of the 8th Earl)
• George Nigel Douglas-Hamilton, 10th Earl of Selkirk (1906–1994) (son of the 9th Earl, brother of the 14th Duke of Hamilton)
• James Alexander Douglas-Hamilton, 11th Earl of Selkirk (1942–2023) (nephew of the 10th Earl, brother of the 15th Duke of Hamilton) (disclaimed 1994)
• John Andrew Douglas-Hamilton, 12th Earl of Selkirk (b. 1978) (son of the 11th Earl)

The heir presumptive is the present earl's younger brother Charles Douglas Douglas-Hamilton (b. 1979).

Line of succession

Everyone in the line of succession to the Duke of Hamilton is eligible to succeed to the Earldom, but in the order dictated by its special remainder: the sons of Lord Selkirk of Douglas, starting with the present earl, come first (with potential male issue of any of them preceding younger brothers of that son), but should any future Earl of Selkirk die without a direct heir, the death of the 15th Duke of Hamilton in 2010 means that the younger son of the 15th Duke would rank ahead of lines from younger sons of the 14th Duke and the death of the 16th Duke would likewise move his younger sons to the head of the line.^[4][5][6]

Family tree

v t e Douglas-Hamilton family trees: Dukes of: Abercorn, Brandon, and Hamilton; Earls of: Abercorn, Arran (Scotland), and Selkirk with subsidiary and courtesy titles

James II 1430–1460 King of Scotland Earl of Arran (Scotland) (1st creation), 1467 Lord Hamilton, 1445 Thomas Boyd d. c. 1473 Earl of Arran Mary Stewart 1453–1488 dowager Countess of Arran James Hamilton c. 1415–1479 1st Lord Hamilton James III 1451–1488 King of Scotland Earldom of Arran (1st creation) forfeit, 1469 Earl of Arran (Scotland) (2nd creation), 1503 James Hamilton c. 1475–1529 2nd Lord Hamilton, 1st Earl of Arran James IV 1473–1513 King of Scotland Catherine Stewart (illegit.) c. 1495–1554 James Douglas d. 1548 Earl of Morton Duke of Châtellerault (France) (5th creation), 1548 James Hamilton c. 1516–1575 2nd Earl of Arran, 3rd Lord Hamilton, 1st Duke of Châtellerault Margaret Douglas c. 1510–1579 Dukedom of Châtellerault (5th creation) forfeit, 1559 Marquess of Hamilton, Earl of Arran, and Lord Aven, 1599 Lord Paisley, 1587 James Hamilton c. 1533–1609 3rd Earl of Arran, 4th Lord Hamilton Anne Hamilton c. 1535 – c. 1574 m. George Gordon Earl of Huntly John Hamilton 1540–1604 1st Marquess of Hamilton Claud Hamilton 1546–1621 1st Lord Paisley Earl of Cambridge (England) (4th creation) and Baron of Innerdale, 1619 Lord Abercorn, 1603 Earl of Abercorn, 1606 Earls of Angus George Gordon 1562–1636 Marquess of Huntly James Hamilton 1589–1625 2nd Marquess of Hamilton, 4th Earl of Arran, 1st Earl of Cambridge and Baron of Innerdale, 5th Lord Hamilton, Lord Aberbrothwick/Arbroath James Hamilton 1575–1618 1st Earl of Abercorn and Lord Abercorn Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge (Scotland) and Baron of Aven and Innerdale, 1643 Earl of Lanark, 1639 Baron Hamilton of Strabane, 1617 William Douglas 1589–1660 Marquess of Douglas, Earl of Angus, Lord Abernethy, Lord Bonkyll and Preston, Lord Jedburgh Forest Mary Gordon c. 1600–1674 James Hamilton 1606–1649 1st Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 3rd Marquess of Hamilton, 5th Earl of Arran, 2nd Earl of Cambridge and Baron of Innerdale William Hamilton 1616–1651 2nd Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 1st Earl of Lanark, 6th Earl of Arran, 3rd Earl of Cambridge and Baron of Innerdale James Hamilton c. 1604 – c. 1670 2nd Earl of Abercorn and Lord Abercorn, 2nd Lord Paisley, 1st Lord Hamilton of Strabane Claud Hamilton c. 1606–1638 2nd Lord Hamilton of Strabane George Hamilton c. 1607–1679 Earldom of Cambridge (4th creation) and Barony of Innerdale extinct and Earldom of Arran (2nd creation) dormant, 1651 Earl of Selkirk and Lord Daer and Shortcleuch, 1646 see Earl of Ormond family tree for Earls of Angus, etc. William Douglas (Hamilton) 1634–1694 suo uxoris Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, suo jure 1st Earl of Selkirk and Lord Daer and Shortcleuch Anne Hamilton 1631–1716 suo jure 3rd Duchess of Hamilton, Marchioness of Clydesdale, Countess of Arran and Cambridge, and Lady Aven and Innerdale, 2nd Countess of Lanark George Hamilton c. 1636 – c. 1680 3rd Earl of Abercorn and Lord Abercorn James Hamilton c. 1633 – c. 1670 Lord Paisley James Hamilton 1633–1655 3rd Lord Hamilton of Strabane George Hamilton c. 1636–1668 4th Lord Hamilton of Strabane James Hamilton c. 1620–1673 Ceded Dukedom of Hamilton to 4th Duke, 1698 Duke of Brandon and Baron Dutton, 1711 Earl of Ruglen, 1697 Earl of Orkney (3rd creation), 1697 Viscount Strabane and Baron Mountcastle, 1701 James Hamilton 1658–1712 4th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 1st Duke of Brandon and Baron Dutton, 3rd Earl of Lanark and Lord Machansyre and Polmont Charles Douglas 1663–1739 2nd Earl of Selkirk and Lord Daer and Shortcleuch John Douglas-Hamilton 1664–1744 3rd Earl of Selkirk and Lord Daer and Shortcleuch, 1st Earl of Ruglen George Hamilton 1666–1737 1st Earl of Orkney Basil Hamilton 1671–1701 Catherine Hamilton Charles Hamilton d. 1701 5th Earl of Abercorn and Lord Abercorn, 6th Lord Hamilton of Strabane Claud Hamilton 1658–1691 4th Earl of Abercorn and Lord Abercorn, 5th Lord Hamilton of Strabane James Hamilton c. 1661–1734 6th Earl of Abercorn and Lord Abercorn, 7th Lord Hamilton of Strabane Earls of Ruglen Earls of Orkney Basil Hamilton 1696–1742 James Hamilton 1685–1744 7th Earl of Abercorn and Lord Abercorn, 8th Lord Hamilton of Strabane Viscount Hamilton, 1786 James Hamilton 1703–1743 5th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 2nd Duke of Brandon and Baron Dutton, 4th Earl of Lanark and Lord Machansyre and Polmont Lord Anne Hamilton 1709–1748 Dunbar Douglas 1722–1799 4th Earl of Selkirk and Lord Daer and Shortcleuch James Hamilton 1712–1789 8th Earl of Abercorn and Lord Abercorn, 9th Lord Hamilton of Strabane John Hamilton 1714–1755 Baron Hamilton of Hameldon county, Leicester, 1776 Marquess of Abercorn, 1790 James Hamilton 1724–1758 6th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 3rd Duke of Brandon and Baron Dutton, 5th Earl of Lanark and Lord Machansyre and Polmont Elizabeth Gunning (c. 1733–1790) suo jure 1st Baroness Hamilton Archibald Hamilton 1740–1819 9th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 6th Duke of Brandon, Marquess of Douglas, Earl of Angus, and Lord Abernethy and Jedburgh Forest, 8th Earl of Lanark and Lord Machansyre and Polmont Charles Powell Hamilton 1747–1825 John Hamilton 1756–1818 9th Earl of Abercorn and Lord Abercorn, 1st Marquess of Abercorn, 10th Lord Hamilton of Strabane James Hamilton 1755–1769 7th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 4th Duke of Brandon and Baron Dutton, Marquess of Angus and Abernethy, Marquess of Douglas, Earl of Angus, and Lord Abernethy and Jedburgh Forest, 6th Earl of Lanark and Lord Machansyre and Polmont Douglas Hamilton 1756–1799 8th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 5th Duke of Brandon, Marquess of Douglas, Earl of Angus, Lord Abernethy and Jedburgh Forest, and Baron Dutton, 7th Earl of Lanark and Lord Machansyre and Polmont, 2nd Baron Hamilton Alexander Hamilton 1767–1852 10th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 7th Duke of Brandon, Marquess of Douglas, and Baron Dutton, Earl of Angus, and Lord Abernethy and Jedburgh Forest, 9th Earl of Lanark and Lord Machansyre and Polmont Augustus Barrington Price Anne Powell Douglas-Hamilton 1781–1849 Thomas Douglas 1771–1820 5th Earl of Selkirk and Lord Daer and Shortcleuch James Hamilton 1786–1818 Viscount Hamilton Duke of Abercorn, of Strabane and Duke of Abercorn, 1868 William Alexander Anthony Archibald Hamilton 1811–1863 11th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 8th Duke of Brandon, Marquess of Douglas, Earl of Angus, Lord Abernethy and Jedburgh Forest, and Baron Dutton10th Earl of Lanark and Lord Machansyre and Polmont Charles Douglas-Hamilton 1808–1873 Dunbar James Douglas 1809–1885 6th Earl of Selkirk and Lord Daer and Shortcleuch James Hamilton 1811–1885 2nd Marquess of Abercorn, 10th Earl of Abercorn and Lord Abercorn, 1st Duke of Abercorn, 11th Lord Hamilton of Strabane Duke of Châtellerault (France) (5th creation), revived 1548 William Alexander Louis Stephen Douglas-Hamilton 1845–1895 12th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 9th Duke of Brandon, Marquess of Douglas, Earl of Angus, Lord Abernethy and Jedburgh Forest and Baron Dutton, 2nd Duke of Châtellerault, 8th Earl of Selkirk and Lord Daer and Shortcleuch, 11th Earl of Lanark and Lord Machansyre and Polmont Charles George Douglas-Hamilton 1847–1886 7th Earl of Selkirk and Lord Daer and Shortcleuch James Hamilton 1838–1913 2nd Duke of Abercorn, 3rd Marquess of Abercorn, 11th Earl of Abercorn and Lord Abercorn, 12th Lord Hamilton of Strabane Alfred Douglas Douglas-Hamilton 1862–1940 13th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 10th Duke of Brandon, Marquess of Douglas, Earl of Angus (1633 creation), Lord Abernethy and Jedburgh Forest, and Baron Dutton, 20th Earl of Angus (1389 creation), 9th Earl of Selkirk and Lord Daer and Shortcleuch, 12th Earl of Lanark and Lord Machansyre and Polmont James Albert Edward Hamilton 1869–1953 3rd Duke of Abercorn, 4th Marquess of Abercorn, 12th Earl of Abercorn and Lord Abercorn, 13th Lord Hamilton of Strabane Douglas Douglas-Hamilton 1903–1973 14th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 11th Duke of Brandon, Marquess of Douglas, Earl of Angus (1633 creation), Lord Abernethy and Jedburgh Forest, and Baron Dutton, 21st Earl of Angus (1389 creation), 13rd Earl of Lanark and Lord Machansyre and Polmont George Nigel Douglas-Hamilton 1906–1994 10th Earl of Selkirk and Lord Daer and Shortcleuch, 10th Lord Daer and Shortcleuch Malcolm Douglas-Hamilton 1909–1964 James Edward Hamilton 1904–1979 4th Duke of Abercorn, 5th Marquess of Abercorn, 13th Earl of Abercorn and Lord Abercorn, 14th Lord Hamilton of Strabane Baron Selkirk of Douglas, 1997 Angus Douglas-Hamilton 1938–2010 15th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 12th Duke of Brandon, Marquess of Douglas, Earl of Angus (1633 creation), Lord Abernethy and Jedburgh Forest, and Baron Dutton, 22nd Earl of Angus (1389 creation), 14th Earl of Lanark and Lord Machansyre and Polmont James Alexander Douglas-Hamilton 1942–2023 11th Earl of Selkirk and Lord Daer and Shortcleuch, Earldom disclaimed, 1994, Baron Selkirk of Douglas Alasdair Douglas-Hamilton b. 1939 James Hamilton b. 1934 5th Duke of Abercorn, 6th Marquess of Abercorn, 14th Earl of Abercorn and Lord Abercorn, 15th Lord Hamilton of Strabane Barony Selkirk of Douglas expired as a life peerage, 2023 Alexander Douglas-Hamilton b. 1978 16th Duke of Hamilton, Marquess of Clydesdale, Earl of Arran and Cambridge, and Lord Aven and Innerdale, 13th Duke of Brandon, Marquess of Douglas, Earl of Angus (1633 creation), Lord Abernethy and Jedburgh Forest, and Baron Dutton, 23rd Earl of Angus (1389 creation), 15th Earl of Lanark and Lord Machanshyre and Polmont John William Douglas-Hamilton b. 1979 John Andrew Douglas-Hamilton b. 1978 12th Earl of Selkirk and Lord Daer and Shortcleuch Charles Douglas Douglas-Hamilton (b. 1979) Angus Gavin Douglas-Hamilton b. 1968 James Hamilton b. 1969 styled Marquess of Hamilton Heir presumptive to the Earldom of Selkirk Douglas Douglas-Hamilton b. 2012 styled Marquess of Douglas and Clydesdale William Frederick Douglas-Hamilton b. 2014 Basil George Douglas-Hamilton b. 2016 William Douglas-Hamilton b. 1999 James Hamilton b. 2005 styled Viscount Strabane Heir apparent to the dukedoms of Hamilton and Brandon

Notes

References

External links

• "The Lyon, the switch and the lord's hope". The Herald (Glasgow). 20 May 1995. Retrieved 21 January 2018.
• "Scots toffs do gentlemanly battle over title claim". The Independent. 5 January 1996. Retrieved 21 January 2018.
• Pierce, Andrew (15 March 1996). "Minister who gave up earldom to save Major wins it back". The Times. London. Retrieved 21 January 2018.
• Douglas-Hamilton, Alasdair (2015). "Chapter 23 - The Selkirk Succession". Lord of the Skies - Biography of Lord Malcolm Douglas-Hamilton. Lulu Press, Inc. ISBN 9781447506249.
• National Library of Scotland - Papers relating to the 10th and 11th Earls of Selkirk and the Selkirk peerage, 1945-2004