ROTHESAY, Duke of,
one of the titles which was vested from his birth in the eldest son of
the possessor of the Scottish throne. The first who bore it was the
unfortunate David, earl of Carrick, and prince and steward of Scotland,
eldest son of King Robert III. In a solemn council held at Scone 28th
April 1398, he was created duke of Rothesay in the Isle of Bute, his
uncle the earl of Fife, regent of Scotland, being at the same time
created duke of Albany. This was the first introduction of the ducal
dignity into Scotland. The duke of Rothesay has continued from that time
the title of the king’s eldest son as a collateral for Scotland to that
of prince of Wales for England. David, first duke of Rothesay, then in
his 29th year, is currently said to have fallen a victim to the ambition
of his uncle the regent Albany, on 27th March 1402, but it is more
likely that he died from weakness and dysentery, the consequence of his
dissipated life. The dukedom was transferred by charter, dated at Perth
10th December 1404, to his brother, James, afterwards James I. of
Scotland. By an act of parliament passed 27th November 1409, it was
declared that “the lordship of Bute, with the castle of Rothesay, the
lordship of Cowal, with the castle of Dunoon, the earldom of Carrick,
the lands of Dundonald, with the castle of the same, the barony of
Renfrew, with the lands and tenandries of the same, the lordship of
Stewarton, the lordship of Kilmarnock, with the castle of the same, the
lordship of Dalry; the lands of Nodisdale, Kilbryde, Narristown, and
Cavirton; also the lands of Frarynzan, Drumcall, Trebrauch, with the
fortalice of the same, ‘principibus primogenitia Regium Scotiae
successorum nostrorum, perpetuis futuris temporibus, uniantur,
incorporentur, et annexantur.’” Since that period, the dukedom of
Rothesay, in common with the principality and stewartry of Scotland, the
earldom of Carrick, the lordship of the Isles, and the barony of
Renfrew, has been vested in the first-born son and heir apparent of the
sovereign, with all the privileges of a peer of Scotland. In the event
of the death of the eldest son, these titles pass to the king’s next
surviving son, to the exclusion of a grandson, the son of the eldest
prince; and when the king has no son or heir apparent, they vest in
himself, as the representative of the prince who ought to possess them.
He can neither give them nor withhold them.
In the Union roll of the
peerage of Scotland, that is, the list of Scottish peers as it stood on
1st May 1707, laid before the House of Lords, the title of duke of
Rothesay is not inserted, as the then sovereign, Queen Anne, had no son
in existence at the time. On the accession of George I. in 1714, his
eldest son and heir apparent, George, prince of Wales, afterwards George
II., became of course duke of Rothesay, and that title was accordingly
placed at the head of the roll of the peers of Scotland. His Royal
highness as duke of Rothesay, voted twice by proxy at the election of
Scots peers, the first time on 3d March 1715, and the second time on
28th February 1716. When he succeeded as king, his eldest son,
Frederick, prince of Wales, became duke of Rothesay of right, but he
never exercised his privilege of voting for a Scottish peer. He
predeceased his father, 20th March 1751, and on 20th April following,
his eldest son, George, afterwards George III., was created, by patent,
prince of Wales and earl of Chester in England. In this patent the
titles of prince and steward of Scotland, duke of Rothesay, earl of
Carrick, lord of the Isles, and baron of Renfrew, in Scotland, as well
as that of duke of Cornwall in England, were omitted, these honours
being annexed to estates limited by law to the eldest son and heir
apparent of the sovereign. In 1751, a signature being presented to the
barons of Exchequer in Scotland, for expediting a charter by the king as
prince and steward of Scotland, a doubt arose as to whether the
principality did not belong to Prince George, the eldest son of the last
prince as heir apparent of the crown. In December of the same year, the
question became the subject of a conference between the whole judges of
the courts of session and exchequer, but they differed in opinion, and
the point was not then determined. Subsequently a temporary act of
parliament was passed, entitled an act to obviate doubts that had arisen
with regard to the admission of vassals within the principality of
Scotland until the prince became of age, and authorizing the king to
possess the principality and to exercise all acts connected with it. The
prince of Wales attained majority 4th June 1759, but no farther steps
were adopted for ascertaining the right to the principality. On his
accession to the throne, 25th October 1760, that right became vested in
his majesty, and so continued till 12th August 1762, when his eldest
son, afterwards George IV., was born. His Royal highness exercised his
privilege as a peer of Scotland by voting by proxy for two
representatives of the Scottish peerage 28th March 1787, and at several
subsequent elections (See Douglas’ Peerage, Wood’s edition, vol. ii. p.
436.) |