James Innes-Ker, 5th Duke of Roxburghe
Encyclopedia
James Innes-Ker, 5th Duke of Roxburghe (10 January 1736 – 19 July 1823) was a Scottish
nobleman
.
He was the eldest surviving son of Sir Henry Innes, 5th Baronet (c. 1711–1762), and Anne Drummonda Grant (1711–1771). He succeeded to the Baronetcy
on his father's death. Through the Innes family, he was a descendant of Robert Ker, 1st Earl of Roxburghe
, and in 1812 established his claim to the vacant Dukedom of Roxburghe
.
The fight for the succession of the title encompassed seven years of constant litigation; according to one biography, "seldom have the lawyers met with a richer harvest. The courts of Edinburgh and London have revelled in conflicting claims, and the House of Lords has been disturbed by never-ending appeals." On the demise of the 3rd Duke
, who had never married, his principal titles, and large and productive estates, devolved on William, 7th Lord Bellenden, who died shortly thereafter, without heirs. The succession was contested, by Major-General Walter Ker, and the Right Honorable William Drummond; and only at vast cost decided, on the 11th May, 1812, in favour of Sir James, as descended from Lady Innes, the third daughter of Hary, Lord Ker, son of the first Earl of Roxburghe. Lord Bellenden was descended from the second Duke; General Ker claimed to be heir male of the first, and Mr. Drummond heir male of the second Earl, so that the issue turned on the construction of an entail
, which gave the right to the female line. Other claimants include John Bellenden Ker (c. 1765–1842), famous as a wit and botanist and the author of Archaeology of Popular Phrases and Nursery Rhymes (1837), whose son was the legal reformer Charles Henry Bellenden Ker (c. 1785–1871). It is notable that 25 years later, Walter Ker's daughter Essex Ker was involved in litigation against her father's lawyers in connection with bonds issued to cover the costs of the succession litigation.
James took the name Innes-Ker, and became the 5th Duke of Roxburghe. He married twice; 1769 to Mary Wray, who died in 1807. That same year he married Harriet Charlewood. He had one son by this second marriage, James, who succeeded to the Dukedom on his death.
Portraits of the Duke and his second Duchess were painted by Henry Raeburn
, and hang in the entrance hall of the family seat of Floors Castle
in the Scottish Borders
.
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
nobleman
Nobility
Nobility is a social class which possesses more acknowledged privileges or eminence than members of most other classes in a society, membership therein typically being hereditary. The privileges associated with nobility may constitute substantial advantages over or relative to non-nobles, or may be...
.
He was the eldest surviving son of Sir Henry Innes, 5th Baronet (c. 1711–1762), and Anne Drummonda Grant (1711–1771). He succeeded to the Baronetcy
Innes Baronets
There have been four Baronetcies created for persons with the surname Innes, three in the Baronetage of Nova Scotia and one in the Baronetage of the United Kingdom...
on his father's death. Through the Innes family, he was a descendant of Robert Ker, 1st Earl of Roxburghe
Robert Ker, 1st Earl of Roxburghe
Robert Ker, 1st Earl of Roxburghe was a Scottish nobleman. He was the eldest son of William Ker of Cessford , and grandson of Sir Walter Ker of Cessford , who fought against Mary, Queen of Scots, both at Carberry Hill and at Langside.He helped James VI against Bothwell...
, and in 1812 established his claim to the vacant Dukedom of Roxburghe
Duke of Roxburghe
The Duke of Roxburghe is a title in the peerage of Scotland created in 1707 along with the titles Marquess of Bowmont and Cessford, Earl of Kelso and Viscount Broxmouth. John Ker, 5th Earl of Roxburghe became the first holder of these titles...
.
The fight for the succession of the title encompassed seven years of constant litigation; according to one biography, "seldom have the lawyers met with a richer harvest. The courts of Edinburgh and London have revelled in conflicting claims, and the House of Lords has been disturbed by never-ending appeals." On the demise of the 3rd Duke
John Ker, 3rd Duke of Roxburghe
John Ker, 3rd Duke of Roxburghe KG, KT, PC was a Scottish nobleman and bibliophile.Born in Hanover Square, London, on 23 April 1740, Ker succeeded his father to become the 3rd Duke of Roxburghe in 1755. It is said that he fell in love with Christina Sophia Albertina, oldest daughter of the Duke...
, who had never married, his principal titles, and large and productive estates, devolved on William, 7th Lord Bellenden, who died shortly thereafter, without heirs. The succession was contested, by Major-General Walter Ker, and the Right Honorable William Drummond; and only at vast cost decided, on the 11th May, 1812, in favour of Sir James, as descended from Lady Innes, the third daughter of Hary, Lord Ker, son of the first Earl of Roxburghe. Lord Bellenden was descended from the second Duke; General Ker claimed to be heir male of the first, and Mr. Drummond heir male of the second Earl, so that the issue turned on the construction of an entail
Fee tail
At common law, fee tail or entail is an estate of inheritance in real property which cannot be sold, devised by will, or otherwise alienated by the owner, but which passes by operation of law to the owner's heirs upon his death...
, which gave the right to the female line. Other claimants include John Bellenden Ker (c. 1765–1842), famous as a wit and botanist and the author of Archaeology of Popular Phrases and Nursery Rhymes (1837), whose son was the legal reformer Charles Henry Bellenden Ker (c. 1785–1871). It is notable that 25 years later, Walter Ker's daughter Essex Ker was involved in litigation against her father's lawyers in connection with bonds issued to cover the costs of the succession litigation.
James took the name Innes-Ker, and became the 5th Duke of Roxburghe. He married twice; 1769 to Mary Wray, who died in 1807. That same year he married Harriet Charlewood. He had one son by this second marriage, James, who succeeded to the Dukedom on his death.
Portraits of the Duke and his second Duchess were painted by Henry Raeburn
Henry Raeburn
Sir Henry Raeburn was a Scottish portrait painter, the first significant Scottish portraitist since the Act of Union 1707 to remain based in Scotland.-Biography:...
, and hang in the entrance hall of the family seat of Floors Castle
Floors Castle
Floors Castle, on the western outskirts of Kelso, south-east Scotland, is the seat of the Duke of Roxburghe. Despite its name it is a country house, rather than a fortress. It was built in the 1720s by the architect William Adam for the 1st Duke, possibly incorporating an earlier tower house...
in the Scottish Borders
Scottish Borders
The Scottish Borders is one of 32 local government council areas of Scotland. It is bordered by Dumfries and Galloway in the west, South Lanarkshire and West Lothian in the north west, City of Edinburgh, East Lothian, Midlothian to the north; and the non-metropolitan counties of Northumberland...
.