There are currently two earldoms of Erroll (/ˈɛrəl/)[1], one in the Peerage of Scotland and one in the Baronage of Scotland. The peerage earldom is held by Merlin Hay, 24th Earl of Erroll, who is also the clan chief of Clan Hay and the hereditary Lord High Constable of Scotland. Dr David Willien, 16th Earl of Erroll, holds the baronage title. Dr Willien also holds the title of Baron of Tulloch.[2][3][4]
The earldoms were once associated with significant authority and influence. The peerage Earl of Erroll is one of only four peers granted the privilege of appointing a private pursuivant, bearing the title "Slains Pursuivant of Arms".[5] "Earl of Erroll" is also the name of a Scottish highland dance that is still performed today at Highland games across the globe.[6]
The Hay clan descends from Scoto-Norman knight Guillaume de la Haye, who first appears on the records circa 1160.[7]
Gilbert de la Hay (died April 1333), ancestor of the Earls of Erroll, was the older brother of William de la Hay, ancestor of the Earls of Kinnoull. In 1251, William received a charter of two carucates of land from his brother, which was confirmed by King Alexander III.[7]
In 1546, Queen Mary issued a charter of confirmation that regranted the "earldom and barony of Errol" to Andrew Hay, 8th Earl of Erroll. This occurred upon the resignation of the barony of Erroll by Andrew's father, George Hay, 7th Earl of Erroll, into the hands of the Queen.[8]
In the early 20th century, the Hay family sold part of their estate, including the baronage earldom of Erroll, to Sir John Ellerman, 1st Baronet. Sir John was a prominent shipowner and investor, and was believed to be one of the wealthiest individuals in Britain at the time.[9]
A regrant was one of the peculiarities in the Scottish law of peerage, that a party might, by a resignation to the Crown, and a charter following upon such resignation, obtain power to nominate the heirs to succeed him in his honours and dignities. Some of the highest of the Scottish peerages are held under such nominations.[10]
Gilbert Hay, 11th Earl of Erroll, on 13 November 1666, obtained a regrant of his honours. This regrant had special power to nominate his heirs. This nomination was made in 1674 with Gilbert appointing his cousin Sir John Hay of Keillour and his heir male, failing which, appointing Sir John Hay of Keillour's heir female, and failing which, appointing certain Hays of Tweeddale. The 11th Earl of Erroll having died in 1674 without issue, Sir John Hay of Keillour became 12th Earl of Erroll. On his death in 1704, his son, Charles became the 13th Earl of Erroll. Charles died unmarried in 1717, when the title devolved on his sister, Mary.
Mary Hay, 14th Countess of Erroll died in 1758 without issue. Mary's sister Margaret had previously died at Rome in 1723, however she had married James Livingston, 5th Earl of Linlithgow, 4th Earl of Callendar, and had issue, and it is from her that the present Earl of Erroll is descended.
This regrant was questioned in the House of Lords in 1797. The then Earl of Lauderdale had questioned George, the 16th Earl of Erroll's right to vote at an election of the peers of Scotland. One of the objections made to the title was that the title of Earl of Erroll was claimed through a nomination. It was decided in 1748 in the case of the earldom of Stair that this power of nomination could not be validly exercised after the Union. The House of Lords, after a full inquiry, decided in favour of the 16th Earl of Erroll's right to the title. That the Earl of Erroll holds the honours of his house undoubtedly and without dispute, is clear from the decision of the House of Lords.[11]
The heir apparent is the present holder's son Harry Thomas William Hay, Lord Hay (b. 1984).
