James Johnstone, 1st Earl of Hartfell

James, 1st Earl of Hartfell, Lord Johnstone of Lochwood, Moffartdale, and Evandale

Charles I created James Johnstone the "First Earle of Heartfell", etc. in 1643. james was with James Grahame(the Great Marquis Montrose), at Philiphough (1646), was captured and condemned, but escaped. His estates were sequestrated. Charles II restored the estates to his son and changed his titles to "James (XVI) Johnstone, First Earl of Annandale and Hartfell, Viscount of Aunaud," etc, Feb 1661, and a year later created him "Hereditary Constable of Lochmaben Castle."

Some Prominent Virginia Families by Louise Pecquet du Bellet

In 1608 James had charters of the lands and barony of Newbie and of the lands of Knock and others. On 20 June 1633 he was created by King Charles I a lord of Parliament, under the title of Lord Johnstone of Lochwood, with limitation to his heirs male. He joined the covenanters in 1637. He received a patent, dated at Oxford, 18 march 1643 granting him the titles of Earl of Hartfell, Lord Johnstone of Lochwood, Moffatdale, and Evandale, to him and his heirs male. Later he took part with the Marquis of Montrose, was taken prisoner in the engagement at Philiphaugh 1645, and was condemned to death, but was pardoned by the influence of the Marquis of Argyll. He died April 1653. He was thrice married, first, in December 1622, to Margaret Douglas, eldest daughter of William Douglas of Drumlanrig; secondly, in 1643, to Elizabeth, daughter of Sir Samuel Johnstone of Elphinstone' and thirdly, on 31 January 1647 to Lady Margaret Hamilton, third daughter of Thomas, 1st Earl of Haddinton, and relict of David, Lord Carnegie.

Family

http://thepeerage.com/p2314.htm#i23135

James Johnstone, 1st Earl of Hartfell was born in 1602.2 He was the son of Sir James Johnstone of Johnstone and Sarah Maxwell.2

Marriages

1. He married by contract, firstly, Lady Margaret Douglas, daughter of William Douglas, 1st Earl of Queensberry and Lady Isabel Kerr, on 29 November 1622.2
2. He married by contract, secondly, Elizabeth Johnston, daughter of Sir Samuel Johnston, 1st Bt., on 6 March 1642/43.2
3. He married, thirdly, Lady Margaret Hamilton, daughter of Thomas Hamilton, 1st Earl of Haddington and Margaret Foulis, on 25 February 1646/47 at Holyrood Abbey, Edinburgh, Midlothian, ScotlandG.2 A contract for the marriage of James Johnstone, 1st Earl of Hartfell and Lady Margaret Hamilton was signed on 30 January 1646/47.2

Children of James Johnstone, 1st Earl of Hartfell and Lady Margaret Douglas:

1. Lady Mary Johnstone+3
2. Lady Janet Johnstone+3
3. Lady Margaret Johnstone4
4. James Johnstone, 1st Earl of Annandale and Hartfell+1 b. 1625, d. 17 Jul 1672
5. Colonel Hon. William Johnstone3 b. a 1625, d. 1656
6. Lady Bethia Johnstone3 b. b 1640

He died in April 1653.2

The Two Earldoms: 1643-1701 James Johnstone was created 1st Earl of Hartfell (in the peerage of Scotland) on 18.03.1643 by King Charles I of England. His eldest son, James (1625-17.07.1672), succeeded him as 2nd Earl in 1653. Three years later, the 2nd Earl's younger brother, William, died, leaving the new earldom with no legal heir.

Succession to the earldom required 'heirs male'; the 2nd Earl had no children and his closest relatives were now four sisters (Lady Mary, Lady Janet, Lady Margaret and Lady Bethia). The earldom would, therefore, pass to a very distant collateral heir (a fourth cousin). His decision was to resign his Scottish titles (10.06.1657). By resigning his titles, the 2nd Earl hoped to take advantage of a section of Scottish law: 'It is a recognised principle in the law of Scotland that a Scottish peer, previous to the Act of Union, provided he obtained the sanction of the Crown, might alter the limitation of his honours, in precisely the same manner as he might alter the destination of his estates. He resigned his honours just as he resigned his land for a re-grant from the Crown, and if the re-grant were made in favour of a different series of heirs from those who would have been entitled to succeed under the original grant, the dignities passed with the old precedence into the new line of succession. The resignation bars the previous heirs, and the re-grant which follows upon it vests the old peerage in the new series of heirs.'[2] On 13.02.1661, the newly-returned King Charles II created a new 'double' earldom in the Peerage of Scotland, making James 1st Earl of Annandale and Hartfell (the previous earldom of Annandale had become extinct on 28.12.1658 with the death of James Johnstone Murray, the 2nd Earl). The second step came a year later, when Charles II re-created the earldom of Annandale and Hartfell with James' requested alteration for his heirs: 'On 23 April 1662, he obtained from Charles II a charter of novodamus, erecting his estates into a territorial earldom and lordship, with remainder to heirs male, whom failing, his eldest female heir without division, and the heirs male of her.'[3] It was a crucial change in the succession to this second earldom (and the basis of the successful 1982 petition to the House of Lords by Patrick Andrew Wentworth Hope Johnstone): The alteration made by the re-grant in regard to the titles and estates of the family was to the effect that, instead of being limited to heirs male in general, they were to descend to the heirs male of the second Earl of[Annandale and]Hartfell, whom failing, to his two[one]sisters and their[her]heirs, male and female.'[4] There were now two creations of the earldom of Annanndale and Hartfell in the peerage of Scotland: 13.02.1661 and 23.04.1662. When he died in 1672, the new earl had six surviving children: Mary, William (the heir to the earldom), John, George, Henrietta and Margaret

References

1. http://thepeerage.com/p2314.htm#i23135 cites
   1. [S6] G.E. Cokayne; with Vicary Gibbs, H.A. Doubleday, Geoffrey H. White, Duncan Warrand and Lord Howard de Walden, editors, The Complete Peerage of England, Scotland, Ireland, Great Britain and the United Kingdom, Extant, Extinct or Dormant, new ed., 13 volumes in 14 (1910-1959; reprint in 6 volumes, Gloucester, U.K.: Alan Sutton Publishing, 2000), volume I, page 165. Hereinafter cited as The Complete Peerage.
   2. [S6] Cokayne, and others, The Complete Peerage, volume VI, page 336.
   3. [S8] BP1999 volume 1, page 80. See link for full details for this source. Hereinafter cited as. [S8]
   4. [S21] L. G. Pine, The New Extinct Peerage 1884-1971: Containing Extinct, Abeyant, Dormant and Suspended Peerages With Genealogies and Arms (London, U.K.: Heraldry Today, 1972), page 56. Hereinafter cited as The New Extinct Peerage.
2. Some Prominent Virginia Families, Volumes 3-4.  By Louise Pecquet Du Bellet.  Page 697.
3. sources - Close Close James Earl Of Hartfell Johnstone, "Scotland Marriages, 1561-1910" View | Edit | Review Attachments | Detach | Report Abuse | Tag 2 url https://familysearch.org/ark:/61903/1:1:XT1P-NQG Indexed Information Hide
4. Name James Earl Of Hartfell Johnstone Spouse's Name Margaret Hamilton Event Date 25 Feb 1647 Event Place Canongate,Edinburgh,Midlothian,Scotland Father's Name James Sir Johnstone Mother's Name Sara Maxwell Spouse's Father's Name Thomas Earl Of Haddington Hamilton Spouse's Mother's Name Margaret Foulis Citation "Scotland Marriages, 1561-1910," database, FamilySearch (https://familysearch.org/pal:/MM9.1.1/XT1P-NQG : 10 February 2018), James Earl Of Hartfell Johnstone and Margaret Hamilton, 25 Feb 1647; citing Canongate,Edinburgh,Midlothian,Scotland, index based upon data collected by the Genealogical Society of Utah, Salt Lake City; FHL microfilm 1,067,743, 103,092.
5. Reference: FamilySearch Family Tree - SmartCopy: Apr 3 2018, 2:17:49 UTC
6. Reference: FamilySearch Family Tree - SmartCopy: Sep 24 2019, 21:25:22 UTC'
7. Reference: FamilySearch Family Tree - SmartCopy: Apr 3 2018, 2:17:49 UTC