James Cunningham, 7th Earl of Glencairn
The great precedency disputes
The disputes amongst the Scots nobility regarding precedence reached such a height in the reign of James VI that a Royal Commission was appointed by that monarch in 1606 to regulate the matter, and the different peers were invited to produce their Letters Patents, or other evidence, in support of the relative antiquity of their titles. The result was the publication of the noted Decreet of Ranking on 5 March 1606. James, Earl of Glencairn, not having requisite proof at hand, and not being lawfully summoned, did not appear on the occasion; his precedence was, in consequence, unjustly prejudiced, and he was ranked after, instead of before, the Earls of Eglinton, Montrose, Cassillis, and Caithness. Three years afterwards, on 16 June 1609, having been summoned to attend parliament, Glencairn appeared personally before the Lords of the Privy Council, and stated that he was bringing an Action of Reduction of the said Decreet before the Lords of Council and Session, and produced the original Glencairn Patent of 28 May 1488, requesting that it should be "read in the audience of the Parliament". In the Action of Reduction he obtained a judgement in his favour dated 7 July 1610, affirming his precedence over the Earls of Eglinton and Cassillis. However, as the other two earls (Montrose and Caithness) had not been cited in the action, and as the judgement of the court placed the Earl of Eglinton after them, though entitled to precede them, that peer brought a further Action of Reduction of the said sentence and obtained a decreet in his favour dated 11 February 1617.
Not until 19 January 1648 did James's grandson, William Cunningham, 9th Earl of Glencairn bring a further action in the Court of Session and obtain a new Decreet in hs favour on the point of precedence against the four earls who had claimed to rank before him; he also obtained a reduction of the Decreet obtained by the Earl of Eglinton in 1617.
James, Earl of Glencairn, married firstly, on 5 September 1574 Margaret (died January 1610), daughter of Sir Colin Campbell of Glenurquhy by his spouse Catherine née Ruthven. They had the following issue:
- William Cunningham, 8th Earl of Glencairn
- James Cunningham of Stevenstoun & Kerilaw (died after August 1612)
- John Cunningham of Kilmarnock (died after July 1627)
- Lady Ann (died 1625), who married in 1603: James Hamilton, 2nd Marquess of Hamilton
- Lady Susanna (died 1623), who married in 1610: Alexander Lauder, younger of Haltoun
- Lady Margaret (died after 1622), who married in 1598: Sir James Hamilton of Crawfordjohn; in 1610: Sir James Maxwell of Calderwood
- Lady Catherine, who married in 1612: Sir John Cunningham of Glengarnock
- Lady Jean (died 1597)
- Lady Mary, who married John Crawford of Kilbirnie
- Sir Robert Douglas, revised by John Philip Wood, The Peerage of Scotland, Edinburgh, 1813, vol. 1, p. 416: Preston of Craigmillar.
- Burke, Messrs., John and John Bernard, The Royal Families of England, Scotland, and Wales, with their Descendants, London, volume 1, 1848, pedigrees XCII, CCII and CLXXIII.
- Anderson, William, The Scottish Nation, Edinburgh, 1867, vol. v, p. 312.
- Balfour Paul, Sir James, Lord Lyon King of Arms, The Scots Peerage, Edinburgh, 1905: Glencairn.
- The Great Seal of Scotland, no. 345, confirmed at Edinburgh 24 July 1610.