[1] On 24 June 1721 he was created Earl of Nairne, Viscount of Stanley and Lord of [ ] in the Jacobite Peerage by the Old Pretender.

His son John (c. 1691–1770), who but for the forfeiture would have been the 3rd Baron Nairne, was also taken prisoner at Preston, but he was soon set at liberty.

In the rising of 1745 he was one of the Jacobite leaders, being present at the battles of Prestonpans, of Falkirk and of Culloden, and consequently he was attainted in 1746; but escaped to France.

He married Carolina, the daughter of Laurence Oliphant (one of the foremost supporters of the Jacobite cause), and a well known Scottish songwriter.

Charles was succeeded in the marquessate by his cousin while the Scottish lordship passed to his sister Katherine Evelyn Constance Bigham, who became the 12th Lady Nairne.