.is.>«j^a «,fe?"»»* * 7-/ la -•Rimi; 9< i [5L| f£2£w& i jgaS is^ fi gags? 1 YALE UNIVERSITY LIBRARY IN MEMORY OF SAMUEL AMOS YORK YALE 1863 FROM THE FUND ESTABLISHED IN 1924 BY HIS SON SAMUEL ALBERT YORK YALE 1890 A HISTORY OF THE FAMILY OF SETON 7 44- FAMILY OF CARISTON 577 XVI. Cariston i. John Seton, first Baron of Cariston. HE first of this family was John, born about 1532, second son of George, sixth Lord Seton, by his first wife, Elizabeth Hay, daughter of John, third Lord Yester,1 who married Isabel, daughter (niece ?) of David Balfour of Cariston, in the county of Fife. Sibbald, in his Memoria Balfouriana, says that ' the House of Balfour is divided into several families, of which those of Balgarvy, Mount- whanney, Denmylne, Ballovy, Careston, and Kirk- ton are the principal — ex quibus multi viri exorti sunt, cum virtute bellied turn pacis artibus illustres.' In a manuscript account of the Setons of Cariston in my possession, written about one hundred years ago, the Balfours of Cariston are said to have been descended from a second son of Balfour of that ilk, ' before that ancient heritage came to the Bethunes by the marriage of the heiress.' The oldest residence of note in the parish of Markinch was the Castle of Balfour, or Ball-orr, so designated from its situation near the confluence of the rivers Orr and Leven. It was originally 1 The Yester motto, usually given as ' Spare Nought,' appears as ' Spair quhen you has nocht' — a very different sentiment — in Scot land's Nobility and Gentry (Bibl. Harl. 1423, f. 33) in the British Museum. 4D 578 HOUSE OF BALFOUR the seat of the family of Balfour, who thence derive their surname, and reckon their descent from the time of King Duncan. A David Balfour of Carraldstone is mentioned in Hume's Commentaries, as living in 1476, and in the records of the Parliament of Scotland in 1495. The following pedigree, showing some of the earlier generations of the family, is compiled from Conolly's Eminent Men of Fife : — Sir Michael Balfour, died 1344. I I Sir John Balfour of that ilk, Adam Balfour, who married a granddaughter died 1375. °f Macduff, brother of Colbane, Earl of Fife. Margaret, heiress of Balfour, Sir Michael Balfour, married to Sir Robert Bethune. died 1385. Michael Balfour of Mountquhany. I Marjory =Sir Laurence Balfour of Strathor and Mountquhany. 1 i 1 George Balfour John Balfour David Balfour of Mountquhany. of Balgarvie. of Carraldstone. I I Michael Balfour of Burleigh. James Balfour of Denmylne. The surname of Balfour occupies a very prominent position in the present day, being borne by distinguished personages in both Houses of Parliament, as well as in the learned professions, in the Universities, and elsewhere. In his recent work on Scottish Landnames, Sir Herbert Maxwell correctly tells us that, like Cathcart, the name is. pronounced Balfour (G. baile fuar =cold place), with the accent on the last syllable ; while on the south side of the Tweed the ' stress ' is thrown forward, and the two names are Anglicised into Balfour and Cathcart.1 Mr. Warden, in his Angus or Forfarshire, makes the following state ment relative to the derivation of the name of Careston in that county : — ' There are various opinions regarding the origin of the name. By one party it is said to be from Caril, one of Ossian's heroes, who is supposed to have been killed here. . . . Another party supposes that a barrow and standing-stones, formerly near the farm-house of Nether Careston, marked the spot where Carald, a Danish leader, in his flight from the battle of Aberlemno (1012), was killed. . . . There are other places in Scotland called Careston. In Banffshire the Earl of Seaforth is the owner of Careston, formerly the property of the Lords of Deskford ; and the ancient and noble family of Seton were long in the possession of the lands of Careston in Fife. . . . Mention is made in early charters of a " Judex" of 1 Sir Herbert also refers to the correct Last Minstrel), viz., Deldrain, thus bringing out Scottish pronunciation of Delorain {Lay of the its true meaning— dal Arain, or Oran's Land. AN UNFORTUNATE REPORT 579 Angus, probably holding his office under the great Earls. In 12 19 Adam was " Judex " of the Earl's court. Some years later he became " Judex " of the King's court, and his brother Keraldus succeeded to his office in the court of the Earl. . . . The dwelling of Keraldus received the name of " Keraldistone," then " Caraldstoun," and the office of " Judex" becoming hereditary, and taking its Scotch style of " Dempster," gave name to the family who, for many generations, held the lands of Caraldstoun, and performed the office of Dempster of the Parliaments of Scotland.' 1 To return to John Seton : being a favourite with his grandmother, Lady Janet Hepburn (widow of George, fifth Lord Seton, who fell at Flodden), she acquired for him the lands of Foulstruther, in East Lothian, and added them to his patrimony.2 During the absence of his elder brother, George, seventh Lord Seton, abroad, a report of his Lordship's decease having reached Scotland, the Laird of Cariston was put in posses sion of the whole estate. He also assumed the title of Lord Seton, and sat in Parliament as a peer, but on his brother's return was dispossessed of both estate and honours. The temporary acquisition of the Lordship of Seton proved very unfortunate to John and his posterity, as he was obliged, in order to clear off the extraordinary expenses incurred thereby, to sell his lands in Lothian, as well as a portion of his Fifeshire estate. Some of these circumstances are embraced in the Genealogy of the Family of Setoun, in Robert Mylne's 8 ms. volume of Collections in the Advocates' Library (34. 6. 12): — 'George, sixth Lord Setoun, married Elizabeth Hay, daughter to John Lord Yester, who bore him two sons — Lord George, his successor, and John, his second and only brother, who married the Heretrix of Karistoune, and gott with the sd Heretrix many good lands lying in Fyfe and Strathearn, and some in Lothian. The Heretrix' name was Issobell Balfour, of a very old standing family in that name of Balfoure.' Again : ' This Lord George being banished for his Loyalltie, his brother John, Laird of Karistoune, hearing report of his death, entered into the possession of the estate and honours, and att his brother's return home was dispossessed of the samen. As also this John of Karistoune had two sons by Issobell Balfour — the eldest, George, who succeeded to himself, and the second, John, Knight, who went to France and was made by the King of France Captain of the Gen d' Armes, being no small honour to a gentleman to attain into.' An interesting notice of the French King's Scottish bodyguard — instituted by Charles vn., cir. 1425 — will be found in the fifth chapter of Scott's Quentin Durward} In Le Sacre et Couronnement de Louis XVI., Roi de France et de Navarre (1775), mention is made of 'Six Gardes 1 See also Jervise's Land of the Lindsays, Jacobite,' and a curious and laborious antiquary. p_ 290. 4 See also Forsyth's Beauties of Scotland, ' 2 See page 1 14 supra. i. 442 ; Archaologia Scotica, i. 58 ; Burton's 3 Mylne is described in Scott's Introduction Scot Abroad, pp. 33-40 ; and Scott's Familiar to the Bride of Lamm.erm.oor as a 'virulent Letters (1894), ii. 163. 580 THE HEIRESS OF CARISTON Ecossois, revetus de leurs cottes-d'armes, escorterent le Roi, trois de chaque c6te ' ; and among the illustrations are (i) a portrait of the 'Due de Noailles, Capitaine de la Compagnie Ecossoise des Gardes Ecossois ' ; and (2) one of the six Scottish Guards in his uniform, which is fully described in the text. Again, in Fieffes Histoire des Troupes Etrangeres au service de France (1854) there is an engraving of an archer of the Scots Guard, in 1559. His cuirass bears the letter ' H.' between three crescents, sur mounted by a royal crown. That the heiress of Cariston was the niece and not daughter of David Balfour of Cariston seems to be clearly established by an entry, dated 8th June 1559, in the Register of Acts and Decreets (vol. xx. fol. 3), relative to a successful action at the instance of ' Issobell Balfour of Carraldstoun, niece and heiress of the deceased David Balfour of Carraldstoun,' and John Seytoun her spouse, for his interest, against ' David Monypeny now of Petmuly,' respecting the ownership of the lands of Drumravok.1 Again, in the Fife Retours, under date 2nd April 1558, she is described as ' Isso- bella Balfour de Carreldstoun hseres Davidis de Carreldstoun patrui (paternal uncle) in terris Rathmelry.' In all probability Isabel's uncle, David Balfour of Cariston, fell on the fatal field of Flodden. The Christian name of her father may have been John ; but this does not clearly appear, as the notes in my possession relative to the pedigree of the family are somewhat conflicting. We have already seen that George, seventh Lord Seton, was born in" 1 53 1. Accordingly his younger brother John could not have been born before the following year. He was husband of Isabel Balfour in 1553,2 when he was probably about twenty-one years of age. From a recorded process at Cupar in 151 7 it would appear that an Isabel Balfour, heiress of Cariston, was alive at that date ; and if this was John's wife, she must have" been at least fifteen years his senior. This, however, is not the only mystery connected with the heiress of Cariston, from the record of whose will it transpires that ' Isobell Balfoure, Lady Carrelstoun, , died at Rameldrie,' in the parochin of Lathrisk, on the 23rd of March 1/579, sur vived by her husband, 'James Seytoun, in Rameldrie,' to whom she left all her goods and gear, 'for the wele of hir bairnes.'3 It would therefore appear that she had two husbands, both bearing the surname of Seton ; but, notwithstanding a careful search in the public records, I have hitherto failed to identify the second spouse. That her first husband died before 20th July 1573 — when he was only about forty years of age — distinctly appears from the gift of the marriage of his eldest son, to be afterwards referred to. Among the family papers in my possession are the following : — (1) Instrument of sasine given by 'an honourable man, John Seytoun 1 See also Acts and Decreets, vol. iv. fol. 452, 1553. 1 2th September 1562. 3 Commissariot of Edinburgh, vol. viii,r22nd 2 Register of Privy Seal, xxv. 66, 19th April October 1580. FIFESHIRE POSSESSIONS 581 of Carrelstoun, in presence of Isabella Balfour, his spouse, heretrix of the said town,' in favour of William Heriot of Burnturk of an annual rent of ten pounds furth of the lands of Carrelstoun, which sasine was renounced by the said Walter on his receiving from the said John ' the complete sum of 80 merks.' ' Done at the manor of Carrelstoun, about the first hour after noon of the 1 ith day of June 1 560,' in the presence of a notary and three witnesses. (2) Letters of arrestment under the Privy Seal, dated 2nd July, and executed 20th September 1563, at the instance of Isobell Balfour of Carrelstoun, and John Seytoun, her spouse, against David Pitcairn of Forther and others, his tenants, for infringing their rights of commonty of the muir of Drummie, in the county of Fife. (3) Agreement and compromise — now much worn and defaced — dated 29th January 1566, relative to a dispute between the Lairds of Balfour and Cariston regarding a water-gang and other matters. The document is signed by the parties; by John Wemis of that ilk, Knight, Mr. Robert Pitcarne, Commendator of" Dunfermline, John Blacater of Tullyallane, and Captain Robert Anstruther, as j'udges and arbitrators for Beton ; by James Hereot of Trabroun, James Johnstoun of Commistoun, William Bonar of Rossy, Patrick Hepburn of Wauchton, and Mark Ker, Commendator- of Newbottell, as judges and arbitrators for Seton ; and by George, Earl of Huntly, and Archibald, Earl of Argyll, as oversmen. In the course of the following March the compromise appears to have been more than once prorogued, but the result does not transpire. The Fifeshire possessions of the Setons of Cariston, extending to about nine hundred acres, were situated in the three adjoining parishes of Kettle (olim Lathrisk), Kennoway, and Markinch, and included, besides Cariston, the lands of Ballinkirk, Rumeldrie, Kumeldrie, etc. Rumeldrie — now the property of Mr. Balfour of Balbirnie — belonged to the Setons in 1620, if not sixty years earlier. From a beautiful small charter in my possession, by Duncan, Earl of Fife (c. 1320), it appears, under the name of Rothmelry, to have been the property of the Monypenys, along with the lands of Hyltoun, at a pretty early date. The gradual alienation of the estate will be referred to under the notice of the eighth Baron of Cariston. The last fragment was sold, towards the end of the eighteenth century, to Mr. William Fidler, formerly of the island of Antigua, and connected with Aberdeen, who died, unmarried, in 1809, his nephew being Professor Spalding of St. Andrews. From him the property passed to Major Wemyss, after about ten years' possession, and was purchased from the Major, in 1820, by the grandfather of Mr. Lawson, the present proprietor, who removed the foundation of the old tower, behind the modern house. According to my aunt, Mrs. Dawson, some of the carvings of the old mansion-house were to be seen, about sixty years ago, in the adjoining offices. A small portion of the old avenue is still traceable. Major 582 JOHN SETON, FIRST BARON Wemyss cut down a good deal of timber ; and in 1858 a beech, of five feet in diameter, and about three hundred years old, was blown down. In the present garden there are two fine horse-chestnuts, and a large ash outside. At a short distance from the modern mansion-house is a picturesque sheet of water, of twenty-six acres, which was constructed in 1877-8. The first Baron of Cariston and his wife, Isabel Balfour, turn up pretty frequently in the public records. On the 18th of May 1545— when John Seton was only about thirteen years of age — we find a confirmation by Mary Queen of Scots of a charter of George, sixth Lord Seton, to his second son, John, and the heirs-male of his body, of 'the lands of Wountoun, with manor, mansion, yards, orchyards, and mill, in the barony of Seytoun, Constabulary of Hadington, and shire of Edinburgh,' with certain substitutions in case of failure.1 Eight years later (9th April 1553) the same Queen grants a charter to ' John Seyttoun, brother-german of George, Lord Seyttoun, and Isobella Balfour his spouse, of the lands of Carraldstoun, with manor, houses,' etc., which the said Isobella resigned, 'to be holden to them and the survivor of them in conjunct fee, and to the heirs procreated between them ; whom failing, to the heirs whatsoever of the said John.'2 In the same year the Laird of Cariston is mentioned in an obligation by his brother, Lord Seton, to Sir Richard Maitland, relative to the receipt of certain silver vessels, to which reference has already been made.3 On the 20th of July 1558 there is a gift to 'John Seytoun of Carrald stoun' of the non-entries, etc., of the lands of Ramelry (Rumeldrie) in right of his wife, Isabel Balfour, through the decease of her uncle David's wife, Margaret Duddingstoun.4 The following year (5th April 1559) Lord Seton compels his brother, the Laird of Cariston, to furnish him with a copy of the charter of 1545, in terms of which Cariston was bound to pay certain 'mails and duties.'5 In the course of 1562-3 the Laird of Cariston and his spouse appear to have been concerned in various litigations, including actions against John Thomsoun for the ' wrongous occupation ' of their lands of Drumraw, and David Lindesay of Pyetstoun, relative to the removal of ' forty days' work of peats ' from the ' sward of Carraldstoun ' ; decreet being given, in the latter case, against Lindesay.6 By his wife, Isabel Balfour, the first Baron7 of Cariston had three sons and four daughters : — 1. George, his heir. 2. Sir John, Captain in the Scots Guards in France, married to a 1 Great Seal Register, xxix. 230. See also 7 Baronies were granted by and held direct Privy Seal Register, xix. 13. of the King, and their attendant rights and * Great Seal Register, xxxi. 172. privileges included sac and soe, tol and tehm, 3 Seepage 155 supra. infangenethef, and pit and gallows. 'These * Privy Seal Register, xxix. 43. feudal terms signify the right of holding courts, » Acts and Decreets, vol. xix. fol. 252. deciding pleas, imposing fines, taking tolls upon Ibid. vol. xxiv. fol. 380 ; vol. xxv. fol. 220 ; vol. the sale of goods, and punishing equally the xxvi. fol. 145 and 151 ; and vol. xxviii. fol. 215. thief caught with the stolen property, or the SIR JOHN SETON, 'CHEVALIER' 583 daughter of the Count de Bourbon,1 by whom he had a daughter who married Adinston of that ilk, an ancient Baron in East Lothian, from whom was lineally descended Christian Hepburn, Countess of the fourth Earl of Winton.2 From the time of King Robert the Bruce the family of Adinston were the hereditary standard-bearers of the House of Seton. 3. James, residing in France in 1601. On the 23rd of July 1586 we come across a letter of gift, 'At Falkland,' to Patrick Murray, domestic servant to the King, his heirs and assignees, of the escheat of all goods, etc., which pertained to 'James Seton in Carrestoun,' now in the King's hands, 'through the said James being at the home for the slaughter of umquhile David Sibbit in Orkymylne, or otherwise for mutilation of him.' 3 From the records in the National Library at Paris it appears that * Jehan Seton, ecuyer, Sieur de Cariston, Lieutenant exempt des Gardes Ecossais du Corps du Roi,' married, in 1622, 'Demoiselle Catherine Eustache,' and that he died in 1661. He was probably the son of Sir John, of the French Guard. I have lately obtained from the same records (M. 544) a copy of his Testament,4 in which he is described as ' Sir John Seton, Chevalier, Lord of Cariston and of Coulonniers in Brye and other places,' and from which it appears that he resided in a manor-house and ' hotel ' at Coulonniers, about two leagues from the town of Meaux. After commending himself, ' like a good Christian and Catholic,' to God his Creator, through the merits of Jesus Christ, and imploring the intercession of the Blessed Virgin Mary and all the Saints, of both sexes, in Paradise, he directs his body to be interred in the Church of St. Laurence, beside his deceased wife, and makes provision for certain memorial services. Desiring that the title and rank homicide taken "red hand" within the boun dary of the manor.' — Warden's Angus or For farshire, ii. 283. All the principal writers on Scottish Heraldry concur in holding that ' Minor Barons ' were entitled to carry supporters to their coats ar morial ; but in many cases the privilege does not appear to have been exercised. 1 I have failed to find this marriage in Ge"ne"a- logie de la Maison de Bourbon, 1256-1869, par L. Dussieux ; Ge"nialogie de la Maison de Bour bon, par l'Abbe" V. Dumax (1873); and The Marriages of the Bourbons, 2 vols., by Captain the Hon. D. Bingham (1890). Possibly it may be mentioned in Charles Bernard's House of Bourbon, published in Paris in 1644, which is not in the British Museum. 2 See page 248 supra. 3 Privy Seal Register, liv. 56. * Appendix of Miscellanies. A 'Jehan Seton, Archer,' is mentioned in Francisque-Michel's Ecossais en France, i. 201 ; and in the same work (ii. 292-4), a Sir John Seton is specified as one of the ' Officiers Ecossais au service de Louis XHi.' Two other John Setons are referred to by Michel (ii. 298-9) ; and at p. 295 of the same volume he speaks of the Setons as 'une famille etroitement liee, a toutes les epoques, avec notre pays,' 584 DAUGHTERS OF THE FIRST BARON of his family should be maintained by his eldest son, Jean de Seton, he bequeaths to him the manor-house and adjoining lands ; and to his second son Henry de Seton, a little farm at Coulonniers. The other bequests are to his daughters, Catherine de Seton, wife of Claude de Bertin de Relin- court, Knight; Angelique de Seton, his devoted housekeeper; and four other daughters, 'professed nuns.' He directs his debts to be paid, and his wrongs repaired and amended, ' if any are to be found ' ; and provides for the distribution of thirty pounds among the poor of Coulonniers, on the day of his burial, according to the direction of ' Madame sa fille.' The testament includes legacies to his coachman, four maid-servants, two lacqueys, the ' fille-de-chambre ' of Demoiselle Angelique, M. Nicolas Patron, King's Advocate at Meaux ; and the balance of his carter's and gardener's wages. The four daughters of the first Baron of Cariston were : — i. Geilles (or Egidia), who died unmarried. 2. Elspeth (or Elizabeth), who appears to have married a ' Swyntoun,' by whom she had two daughters, Isobel and Jean. Like her brother, the second Baron, she had a legacy from her ' cousing,' Robert, first Earl of Winton (see page 216 supra). 3 and 4. Margaret, and Jonet. The eldest daughter, Geilles, turns up at least twice in the public records. In April 1586 we find a contract between 'George Seytoun of Carraldstoun, on the one part, and Geilles Seytoun, his sister, on the other part,' making mention that the deceased George, seventh Lord Seytoun, being willing to help the said Geilles ' for support of her in honest marriage,' made and constitute her his cessioner and assignee in and to the surn of 2000 merks, which he had lying upon the lands of Foulstruther, pertaining to the said George, within the Constabulary of Haddington and Sheriffdom of Edinburgh, for which he was infeft in an annual rent of 200 merks yearly to be uplifted furth of the same, and annalied and wadset by the said George Seytoun of Carraldstoun to the said deceased Lord George and his heirs and assignees, under reversion of the sum of 200 merks : and the said Geilles renounces her right thereto, on the said Lord George paying to her the sums of 200 merks annual rent and 2000 merks principal — dated at Edinburgh 2nd March 1585-6. David Seytoun of Parbrothe is cautioner for the said George, and Alexander Seton, Commendator of Pluscardine (afterwards Earl of Dunfermline), is a witness.1 The contemplated marriage does not appear to have taken place, as we find from the record of her testament that she died a spinster in 1601. The relative entry is so curious that I give it without abridgment : — ' The Testament Testamentar and Inventory of the goods pertaining to umquhile Geillis Seytoun, sister german to George Seytoun of Caristoun, the time of her decease, on 18th Novem ber 1 601, faithfully made and given up by herself on 17 th November foresaid, as concerns the 1 Register of Deeds, Scott Office, xxiv. 195. GEORGE SETON, SECOND BARON 585 nomination of Executors, and partly given up by John Seytoun, her brother, in so far as concerns the Inventory of the goods. Sum of the Inventory Debts owing to her Sum of Inventory with debts No Division — Quota is xxUb' vijcxxxvjU1' xiiij8 viijd jimjc lib ijmviijcxxxvjMb xiii8 viijd In her latter Will she confesses that there is due to her, by James, Master of Paisley, 2000 merks ; of which sum she leaves to Elspeth Seytoun, her sister, 600 merks. To her brother James Seytoun, who is presently in France, 500 merks. To her brother John Seytoun, other 500 merks. To her sister's daughter, Issobell Swyntoun, 400 merks — 'the said four hundrethe merks to remayne in the handis of the said Johnne Seytoun, my brother, and to be imployd be him to her utilitie and proffeit quhill sho be of the aige of auchtene yeiris, and failzeing of hir be deceis, I leif the said sowme to be imployd be the said Johnne Seytoun in maner foirsaid to Jean Swyntoun hir sister, to her aige of auchtene yeiris, and failing of thame be deceis befoir thair aige of auchtene yeiris aboue writtin, na lawfull bairnes gottin of thair body, I leif the said sowme of four, hundrethe merks to the said Johne Seytoun, my brother; Item, I leif to my sister Margaret Seytoun my chamlet silk goun with the zeit (?) pasmentis (stripes of lace) and my rid seaclaith . . . petticot ; I leif to the said Elspeth Seytoun, my sister my blak taffatie goun ; Item, to my sister, Jonet Seytoun, my hairsey goun with the tannie sating sieves ; Item, to the said Margaret Seytoun ane fedder bed with ane bouster and reische work cowering, with ane pend of erisch wark ; Item, I mak and constitute the said Johnne Seytoun, my brother, my executor,' etc. Dated in Lady Seytoun's house in Edinburgh, 17 November 1601. Confirmed 2 January 1602. Alexander Inglis, 'servitor to old Lady Seytoun is cautioner.1 2. George Seton, second Baron of Cariston, eldest son of the first Baron, who was born about the year 1554, succeeded his father before 20th July 1573, and married Margaret, daughter of Sir John Ay ton of that ilk, county Fife,2 by whom he had — besides four daughters, Elspeth, Margaret, Christian, and Isobel — four sons : — 1. George, his successor. 2, 3, 4. Alexander, Andrew, and Christopher, of whom nothing appears to be known. An approximation to the date of the second Baron's succession is obtained from a letter of gift, dated at Holyroodhouse, 20th July 1573, to 'Margaret Seytoun, daughter to George, Lord Seytoun ' (after wards wife of Lord Claude Hamilton), her heirs and assignees, of the marriage of ' George Seytoun, son and heir of umquhile 1 Commissariot Register of Edinburgh, vol. xxxvi. 2 The old family of Ayton of that ilk, in Ber wickshire, ended, in the time of James in., in 4E 586 GIFTS OF ESCHEAT John Seytoun of Carralstoun ' ; and in the event of his dying unmarried, the marriage of any other heirs-male or female that shall succeed to the lands and heritage of the said John Seytoun and Isabel Balfour, his spouse.1 Eleven years later (1584), we come across two letters of gift to ' George Seytoun of Carrestoun,' his heirs and assignees, of the escheat of all goods, etc., that pertained (1) to his uncle, George, seventh Lord Seytoun, and Robert, Master of Seytoun, his son and heir-apparent, in consequence of their having been 'put to the home,' at the instance of Nicoll Adwart, burgess of Edinburgh, for the non-payment of certain sums of money; and (2) to Sir John Seytoun (of Barns), 'lawful son to umquhile George Lord Seytoun,' for failure to pay ^80 Scots 'for his part of the taxation of £40,000 of his pension of the lands and lordship of Kylesmure, pertaining to him furth of the Abbacy of Melrose, etc.2 . . On the 21st of August 1588, we find a decreet-arbitral in submission between Robert, eighth Lord Seytoun, for himself, and taking the burden upon him for George Seytoun of Carelstoun, offering him to be donator, and to have the gift of the escheat of the deceased George, seventh Lord Seytoun, and of Sir John Seytoun of Barnis, Knight, now comptroller to the King ; and also taking the burden upon him for the prebendaries of the College Kirk of Seytoun, on the one part, and the said Sir John Seytoun of Barnis and William Seytoun, his brother-german, for them selves, and taking the burden upon them for Dame Margaret Seytoun, Lady of Hallsyde, and for Lord Claude Hammyltoun, Commendator of Paisley, her spouse, and their children, for all right and title to certain sums of money, one the other part, anent the amicable settlement of all disputes between the said parties concerning the said escheats and gift of the same. Alexander Seton, late Commendator of Pluscardine, one of the Senators of the College of Justice, is sole arbitrator, whose decision is to be final ; while James Seytoun of Tullybody, and Mr. George Seytoun, brother-german to the laird of Meldrum, are witnesses.3 On the 14th of June 1591, George Seytoun of Careston, David Sibbald of Lethaine, and others, are summoned, for the second time, as an heiress, who married George Home, second son of Alexander, Lord Home. The next heir- male was Ayton of Dunmure in Fife, who pro cured a royal warrant to call the lands of Dun- mure Ayton, after which the family was designed ' Ayton of that ilk,1 as of old. One of this family was Andrew Ayton, Captain of the Castle of Stirling in the reign of James v., whose quartered coat is described in Nisbet's System of Heraldry, i. 123. See also Sibbald's Fife and Kinross, p. 409, and Lamont's Diary, passim. An in teresting account of the Aytons was privately printed by Colonel Ayton, R.A., in 1887. In the Lauderdale Papers (23,120, f. 151) in the British Museum, under the year 1683, we find a petition by Sir John Ayton of Ayton, in Fife, to the King's most sacred Majesty for remission of a fine. After a statement relative to the loyalty of his ' poore House,' he says : ' Besides that it is very well knowne that his estate is small, with a greate burden of debt and chilldren to provide for.' 1 Privy Seal Register, xli. 44. 2 Ibid. li. 166, and Hi. 8. The second entry is dated ' 13 February 1584-5,' and the seventh Lord Seton died on the 8th of the preceding January. 3 Register of Deeds, Scott Office, xxxii. 44. GEORGE SETON, THIRD BARON 587 witnesses in the action of spuilzie by George Multray of Seyfield,1 against Robert Lundy of Balgony.2 About four years later (28th February 1595) there is another letter of gift to George Seytoun of Carraldstoun of the escheat of William Coilzear, 'sometime in Kilmux,' and David his son, for their failure to relieve the said George of 'certain cautionaries'; and on the 27th of July 1597, David Coilzear sues the Laird of Cariston, and Stevin Patersone, notary in Falkland, for the production of a certain contract apparently connected with the preceding gift of escheat. The cause is continued to the 31st of May following, but the result does not transpire.3 3. George Seton, third Baron of Cariston, was probably born about 1585, but the date of his father's death does not appear to be known. He married, in 1620, Cecilia, eldest daughter of David Kynynmond of that ilk and Craighall, co. Fife, by his wife, Marion Seton, of the family of Parbroath, and had three sons and three daughters : — 1. George, his heir. 2. David, who married and settled in Yorkshire.4 3. Alexander, one of the magistrates of St. Andrews, who was twice married, his first wife being Helen Napier, ' Ladye of" Dunninow,' widow of James Binning, whom he married, 27th March 1657, and by whom he had several children.5 Of these, David married, first, Anne, daughter of Watson of Athernie, by whom he had four daughters, three of whom were mar ried ; and, secondly, Weir of Edinburgh, without issue. One of Alexander Seton's daughters married Cassie of Kirkhouse, near Traquair. 4. Anne, died unmarried. 5. Isabel, married to George Seton, representative of the family of Parbroath, by whom she had a son, James, who died in Spain. (See p. 294 supra.) 6. Cecilia,, married to David Craigengelt. An interesting account of the family of Kynynmond will be found in 1 The arms of Moutray, or Moultrie, of Sea- field, are quartered with those of Abernethy on a quaint monumental slab at Dalgety Church, Fifeshire, dated 1540 : — azure, on a chevron between three escallops argent, a sanglier's head couped sable, between two spur-rowels gules. See Nisbet's Heraldry, i. 361. 2 Register of Acts and Decreets, cxxix. 374. 3 Privy Seal Register, lxviii. 122 ; and Acts and Decreets, clxxi. 118. 4 See No. xxvi. infra. 5 Dunino Parochial Register. 588 GEORGE SETON, FOURTH BARON Martin of Clermont's Genealogical Collections in the Advocates' Library, which deduces the descent from 'Elizeus de Kynnynmond, Dominus ejusdem,' who, on the 20th of October 1395, exhibited eleven charters and desired them to be ' transumed ' by a notary ' on account of the hazards they might be exposed to from fire, water,' etc. From one of these charters it appears that Matthew Kynnymond, Archdeacon of St. Andrews, became Bishop of Aberdeen in 1172 ; and in 1304 John de Kynnynmond was Bishop of Brechin. From the same source we learn that, as per dis charge by her husband, the Laird of Cariston, dated 10th June 1620, Cecilia Kynynmond's tocher amounted to 3000 merks. ' George Seytoun of Carrestoun' is mentioned in a complaint of Walter Kinnimonth of Callinche and the Sheriff- Deputes of Fife, in the year 161 7, against David Kinnimonth of Craighall and others, for forcible resistance to a decree of ejectment.1 Sibbald informs us that ' on an eminence to the north of Lochgellie, is the house of Easter Lochgellie, one of the seats of Sir Alexander Murray of Melgum {Melgund), of the family of Philiphaugh, by his marrying (Grissel) the heiress of Kinninmonth ; for after the Barons of Kinninmonth sold Craighall, they bought an estate here, one part of which was anciently called Kinninmonth, and is now the property of Lord Minto.' 2 The same writer also states that ' Craighall, the seat of Sir Thomas Hope, the chief of that name, belonged anciently to the Kynninmonds, and one of the baronies is named Kynninmond. It was purchased from the family of Kynnimond by Sir Thomas Hope, Advocate to King Charles i.'3 4. George Seton, fourth Baron of Cariston, who appears to have succeeded his father before 28th June 1637 (when he was probably about twenty-one years of age), was educated at Seton Palace with Lord Seton, eldest son of the third Earl of Winton, and ' was a man of large stature and fine accomplishments.' By the interest of his kinsman, Charles, second Earl of Dunfermline, he had an offer of Knight hood, which he declined, and was on the leet for being a Lord of Session, which the death of that noble Earl prevented. ' There are many docu ments among the family papers which show that he had the management of the affairs of the regality of Dunfermline; and, from the affectionate letters still preserved, he appears to have been on very friendly terms with the Earl.' 4 Contrary to his inclination, he was obliged to join the Covenanters of Fife at the battle of Kilsyth ; but afterwards, with his son Christopher, he accompanied his chief, the Earl of Winton, when he commanded the 1 Register of Privy Seal, xi. 96-7. « MS. Account of the Family of Cariston in 2 Sibbald's Fife and Kinross, p. 378. my possession, drawn up by my grand-uncle, ' f j/ Major Christopher Seton, in 1800, of which a Ibid. p. 361. See also Marryat's One Year duplicate is in the Advocates' Library (34. 3. 6). 111 Sweden, ii. 491. See Analecta Scotica, second series, pp. 32-3. HIS MARRIAGE, ETC. 589 Lothian Militia at Bothwell Bridge. His brother David having had some hostile encounters with Oliver Cromwell's troopers, he was most unjustly implicated in that affair, and his estate sequestrated for some years, during which he resided in the Mearns with his wife's brother-in-law, Sheriff Keith ; but on its being ascertained that he had no concern in the matter, his lands were duly restored to him.1 The fourth Baron of Cariston married, in 1638, Margaret, eldest daughter of Sir Thomas Seton of Olive- stob, fourth son of Robert, first Earl of Winton. In the relative contract of mar riage, which is dated at Seton Palace, Cariston's mother, Cecilia Kynynmond, and his uncle, Alexander Seton, are parties contractors on the one part, while Margaret Seton's mother, Agnes, daughter of Drummond of Corskelpy, and her uncle, George, third Earl of Winton, are parties contractors on the other part.2 The following passage relative to the fourth Baron of Cariston occurs in Sir John Lauder of Fountainhall's Historical Notices of Scottish Affairs (i. 89 and 196) : 'About the same tyme (October 1674) Seton of Carriston, falling at variance with another man, gave command to his servant to shoot him ; who did so, and the man with much difficulty recovered : whereupon it fell to be questioned in discourse how far one was tyed, ob mandatum criminis, for bidding or commanding another to commit a cryme.' Again, six years later (October 1680), 'Seton of Cariston's two daughters raised a libel for aliment against their father and his creditors. The Lords considering that they were come to age, and their father offered to entertain them in his own family (though they affirmed that he had used them most barbarously), referred them to the Judge Ordinary, and recom mended to them to go home and stay in their father's house.' 3 Possibly this may have been the Laird of Cariston of whom there is a tradition that, on his consulting the family lawyer as to the proper provision for his daughters, he was curtly informed that 'a spinning-wheel was a sufficient tocher ' ! Besides three daughters — Mary, married to Binning of Dunino, Eliza beth, and Anne, who died young — the fourth Baron had, by his wife Margaret Seton, six sons : — 1 MS. Account oi the Family of Cariston, ut supra. 'From an Inventory in my possession, it would appear that two copies of this contract, which cannot now be found, were among the family papers at the end of the last century. 3 Fountainhall, i. 113. 590 SLAB AT KENNOWAY i. George, who died young, and thus broke, for a generation, the continuous succession of Georges. 2. Christopher, his father's heir. 3. Alexander, an officer in General Dalyell s troop of horse at the battle of Pentland Hills, who married a daughter of Lindsay of Pitscandly, co. Forfar,1 and had one child, who died young. It was probably under the roof of Alexander Seton that Archbishop Sharpe passed the night of the day before his murder (3rd May 1679) at Magus Muir near St. Andrews. 'On Friday, the 2nd of May 1679, Archbishop Sharpe left Edinburgh for St. Andrews, accompanied by one of his daughters- Isabella, who married Cunningham of Barns, near Elie— intending to return to Edinburgh on Monday, preparatory to a journey to London. He crossed the Firth of Forth by the usual passage between Leith and Kinghorn, and in the evening reached the village of Kennoway, nearly half-way between Kinghorn and St. Andrews, where he lodged during the night in the house of a gentleman who is designated Captain Seton.'2 The following inscription on a lime stone slab (c. 6 ft. 6 in. x 4 ft.), at Kennoway, commemorates the death of Alexander Seton's wife : ' Hie jacet corpus Isabellas Lindesis quondam uxor: Alexandri Setonii in Lalethen. Obiit Martii die x An. Dom. 1683.' 3 Her testa ment-dative, in which she is described as ' Isobell Lindesay, spouse to Alex ander Seton, lawful son to George Seton of Careston,' is recorded in vol. xiv. of the Commissariot Register of St. An drews. 4. David, baptized 8th April 1653, who married Marjory, daughter and heiress of Archibald of Blackhall, co. 1 The lands of Pitscandly were for a long period in the possession of the Lindsays. David Lindsay was laird of Pitscandly from 1621 to 1642 and onward. John Lindsay of Pitscandly was an elder of the parish (Rescobie) in 1718. In 1726 he granted a disposition of Pitscandly to George Lauder, from whom Miss Elizabeth Farquhar purchased the estate. Her son Thomas got a crown charter of Pitscandly in 1766. Pitscandly is supposed to mean 'the grave of the multitude.' Near the mansion- house are several huge stones, which are locally associated with the battle between the Scots and the Picts, fought between 833 and 836. — Warden's Angus or Forfarshire, pp. 96, 98. The present owner of Pitscandly is the mother of Canon Farquhar of St. Ninian's Cathedral, Perth. 2 Lawson's Scottish Episcopal Church, i. 836. See also the True and Impartial Account of Sharpe's Life, printed in 1723, Preface, p. 31 ; Stephen's History of his Life and Times, 1839 ; Diary of Alexander Brodie of Br 0 die (Spalding Club), p. 447 ; Charles Kirkpatrick Sharpe's edition of Kirkton's Secret and True History of the Church of Scotland, 1817 ; and Dodds' Fifty Years' Struggle of the Scottish Covenanters. 3 When I copied the inscription, fifty years ago (23rd July 1845), the slab was inside the old church of Kennoway. Now (thanks to the heritors !) it forms a stepping-stone at the main entrance of the present church, erected in 1846 ; and the inscription, which consists of incised Roman letters, is rapidly becoming illegible. SETONS OF BLACKHALL 591 Fife, with whom he acquired the lands of Blackhall, etc., and by her had five sons and two daughters : — (1) Alexander, factor to the Duke of Hamilton, 'a most respectable character,' who died at Bo'ness, unmarried. (2) Robert, born 5th October 1691, bred a surgeon, but ultimately took to farming, grazing, etc. He rented the parks of Balgonie from the Earl of Leven, and was well known throughout Scotland as an extensive dealer in cattle. He succeeded his elder brother in the lands of Blackhall, which he sold to James Lundin of Auchtermairnie ; and at^ his death — which occurred at Kennoway in 1765 — he divided the price between his two surviving brothers, William and David. (3) Christopher, born 21st October 1693, who followed the profession of a writer, at Kennoway, ' with much reputation,' and married a daughter of Lamont of Newton, without issue. (4) William, an officer of the Customs at Methil, married Anne, daughter of Alexander Wallace of Leven, by whom he had — besides two daughters (Mrs. Carfrae and Mrs. Douglas), three sons : — (a) David, a lieutenant in the Royal Navy, married to Janet, daughter of James Paterson fcof Edinburgh, by whom he had a son, Robert, of 72 Upper Norton Street, London, who died subsequently to 1845. (b) Robert, also an officer in the Navy, married to Lily Cobham, by whom he had a son, Robert (died 16th October 1846), married to Elizabeth- J ane (who died 28th February 1880), daughter of William Finlason of Jamaica, by whom he had — besides three sons, Henry-James, William- Alfred, and John- Hunt, who all died unmarried, and four daughters — a fourth son, Robert- William, born 28th April 182 1, died 6th February 1892, having married, 7th October 1845, Cordelia- Hancock (born 21st September 18 15), second daughter of Alfred-Augustus Fry of Philadelphia, U.S.A., afterwards of London,1 by whom he had three sons and three daughters: — 1. Robert- Alfred, born 17th August 1847, and died 17th April 1875, having married Catherine- Binns, daughter of Joseph Rourke of London, by whom he had a son, Robert-Arthur. 11. Louis-Frederick-Finlason, born 13th April 1851, and died, un married, 7th May 1874. in. Reginald- Vernon- Fry, born 22nd October 1857. iv. Cordelia- Harriet- Jane, born 13th May 1849, married, 30th Sep tember 1892, Frederick, son of Thomas Boskett of London. v. Evangeline-Palmer-Westcott, born 1st December 1852. vi. Lavinia-Sarah, born 18th July 1854, and died 12th November 1874. (c) Christopher, who settled as a planter in the West Indies. The youngest son of David Seton and Marjory Archibald of Blackhall was 1 The family of Fry can trace its descent, shire, and the Montagues of Somersetshire through the Westcotts and Walters of Devon- from Edward I., king of England. 592 THE CLERKS OF PENICUIK (5) David, born 22nd July 1703, died 3rd January 1774, bred to the medical profession, was ' of a versatile and enterprising genius, and a man of much in tegrity.' He married Christian, daughter of Sir John Clerk, Baronet, of Penicuik, Midlothian, by his second wife, Christian, daughter of the Rev. James Kilpatrick,1 minister of Carrington, by whom he had — besides three daughters, Christian, Marjory, and Susanna, one of whom (Mrs. Ranken) had a daughter married to Mr. Ziegler, goldsmith in Edinburgh — two sons : — (a) David, born 28th July 1732, who settled at Newcastle, and of whom nothing appears to be known. (b) Henry, born 9th April 1741, and died 19th June 1797, Captain in the French regiment of Chasseurs Britanniques (Emerick's British Chasseurs),2 with which he served in the American War, where he was severely wounded. He went 1 I happen to possess a napkin (c. 2 x 7.\ ft.), marked in cross-stitch 'C. K., 1715. G. C.,' the two first letters being the maiden initials of my great-grandmother, Christian Clerk, which I received many years ago from Miss Euphemia Balderstone, a relative of the Penicuik family. One of Christian's sisters married Moncrieff of Culfargie, ancestor of Sir Alexander Moncrieff, K.C.B., and another Belshes of Invermay. The family of Little-Gilmour were descended from Sir John Clerk's^fr.^ wife, Elizabeth Henderson. A curious letter of Sir John Clerk's will be found in a subsequent appendix. The two following entries are from the Parochial Register of Carrington : — '26 August 1692. Sr John Clerk of Penicook sent a testificate to our Session of Carringtoun holden y* day signifieing his purpose of marriage with Mrs Christian Kilpatrick of this congrega tion. Ye Session can say nothing to (sic) her cariage shee haveing remained in her father's house from hir infancy and caryed her selfe Christianly w*out publick scandall. Appoints the Session Clerk to wryte a testificat signi fieing the same to the minister and elders of the paroch of Penycook y* they may be proclaimed in both congregations upon Sabath in order to marriage. Consigned two legit dollers put into the box. Also put into the box for the use of the poor one legit doller and ane halfe.' '15 Sepf 1692. S>^ John Clerk of Penicoke and Ms Christian Kilpatrick was maried at Carringtoun in Mr James Kilpatrick's oun Hall at seven acloke at night by Mr James ffrazer Knight, minister of the gospel at Currie.' The highly interesting diary of the second Baronet of Penicuik, edited for the Scottish Historical Society by the lamented John-Miller Gray, has been reprinted, in a sumptuous form, by Mr. Charles Butler of Warren Wood, Hert fordshire, for the Roxburgh Club. 2 There is a notice of this regiment in the fournal of the United Service Institution, vol. xxxi. (1887), p. 34, where it is stated that it was ' originally a portion of the Prince de Condi's Army of Emigrants, and was embodied in May 1801, with Colonel John Ramsay at its head, most of the officers being foreigners. The corps attained distinction under Lieutenant-Colonel, afterwards Sir William, Eustace, who led the Chasseurs at Fuentes, Salamanca, etc. At Fuentes the regiment was on the extreme right, and the testimony of the Commander-in-chief as to its conduct on that occasion is very favour able. "I particularly observed the Chasseurs Britanniques," he writes, "under Lieutenant- Colonel Eustace, as behaving in the most steady manner." The regiment was disbanded in 1815. The date given for the embodiment of the regi ment (1801) seems to be erroneous, as my grand father, Henry Seton, was in his grave four years previously. Notwithstanding kind assistance from my kinsman Sir Bruce-Maxwell Seton, I have failed to discover any solution of the diffi culty either at the War Office or the British Museum. CAPTAIN HENRY SETON 593 to the West Indies in 1773 and did not return to England till 1784. He married his second cousin, Margaret, third daughter of George Seton, seventh Baron of Cariston, on whose descendants (of whom afterwards) the representation of the family of Cariston ultimately devolved. Mrs. David Seton (Christian Clerk) appears to have died very shortly after the birth of her son Henry. The two daughters of David Seton of Blackhall1 and Marjory Archibald were : — 1 David Seton of Blackhall had also an illegitimate son, called David, who became Bailie of Kennoway, and to whose memory there is a handsome monument in the churchyard of that parish, bearing a monogram composed of the letters ' D. S.' and ' I. W.', and an epitaph, in which he is described as ' Homo pietatis et justitiae amator.' He died in 1733. By his wife, Isabella Williamson, whom he married in 1702, he had six sons and three daughters, most of whom left descendants, including Alexander- Brodie Seton of Glasgow, Dr. Elphinstone Seton of London, the Rev. Dr. Craik, Moderator of the General Assembly of the Church of Scotland 4F 594 CHRISTOPHER SETON, FIFTH BARON (6) Jean, who died unmarried. (7) Henrietta, born 24th August 1695, married to Macaulay, by whom she had one son 'bred to the sea,' who died at an early ap/e. The two other sons of the fourth Baron of Cariston were :— 5. John, killed in a scuffle at Falkland, in 1683, by a party of Cromwell's troopers. The following reference to the occurrence is from Sir John Lauder of Fountainhall's Historical Notices of Scottish Affairs, i. 454 :__< 15 Septembris 1683. At night Mr John Dick and 22 mo prisoners brok the Tolbooth of Edinburgh, and escaped out of a window by ropes, having cutted the iron stanchells : 2 or 3 of them ware in only for civill debts ; the rest, as Aitken, Lapsley, and the 2 dragouns who killed Seton of Carriston's son, were in for crymes, and some of them shortly after to be hanged.' 6. William, who died at Pyetstoun in 1698, leaving a considerable fortune. The fourth Baron of Cariston died in 1688, aged sixty-six, and was succeeded by his eldest surviving son, 5. Christopher Seton, fifth Baron of Cariston, born in 1645, who was appointed lieutenant of one of the independent troops of horse raised during the reign of King James vn., and commanded by Colin, Earl of Balcarres, who ' from many letters still preserved seems to have had a great friendship for Cariston.' He married, first, in 1685, Elizabeth, eldest daughter of Patrick Lindsay of Woolmerston,1 co. Fife (ancestor of the present Earl of Lindsay), by whom he had, with one daughter, Catharine, married to John Lindsay of Kirkforthar,2 two sons : — in 1863, Dr. Peel Ritchie of Edinburgh, the late the possession of gentlemen of the name of Mrs. M'Inroy of Lude (Margaret-Seton Lillie), Spence (Spens), who were of blood to the and Mrs. William Clark of Kennoway (Janet Macduffs, Earls of Fife ; now it belongs to Mr. Seton), from whom I received the interesting John Lindesay, Commissary of St. Andrews, a Winton napkin engraved at page 276 supra. cadet of the Earl of Crawford.' — Sibbald's Fife One of the Kennoway communion cups — and Kinross, p. 347. See also New Statistical bearing the Seton arms and an anchor for crest, Account of Scotland, Fife, p. 951. under the motto 'Hazerd et Forvard' — is thus 2 David Lindsay of Kirkforthar 'led his inscribed : — ' Dux Robertus Seton Portionarius father's vassals to the field of Flodden, and de Drumaird hoc poculum in usum ecclesias perished with his chief and king ; of all his Kennoquhensis dedicavit, anno 1704. E. S.' I followers but one single survivor returned to the have hitherto been unable to identify the donor " bonnie parks of Garleton." ' (Fragment of an (Captain Robert Seton), who died in 1703. old ballad cited in Miller's Baldred and the 1 The relative entry in the Crail Parochial Bass.) — Lives of the Lindsays, i. 187. Register is as follows :— ' 1685, Octr 29. Chris- If the family of Kirkforthar had continued in topher Seton of Caristone and Mrs Elspeth the male line, it is understood that it would have Lindsay d. to the Laird of Wormeston was inherited the earldom of Crawford. married without proclamation by a licence from ' Southward of Forthar is Kirkforthar, the my Lo. St. Andrews.' place of an old parsonage now suppressed : it Woolmerston, or Wormiston, ' was anciently hath, since King James the Fifth's reign, HIS IRISH DESCENDANTS 595 i. George, his heir. 2. Christopher (died 8th August 1767), who was 'bred a merchant,' and married Elizabeth, daughter of John Adair, Geographer for Scotland,1 by whom he had three sons and four daughters : — (1) Alexander, who engaged in the 'rising' of 1745, and married Amelia, daughter of Michael Malcolm of Balbedie, by whom he had one son, Alexander, who died at sea. (2) Robert, 'bred to the sea' (born 1722, died 1795), having married Margaret, daughter of Richard Cox of Dublin, by whom he had — besides two daughters, Sarah, married to Miles Marley, and Juliana, who died unmarried — four sons 1. Robert- Eglinton, an officer in the Army, killed in the American War. 11. and m. Winton, and Christopher-Melville, who both died in childhood. iv. William-Carden, born 1775, Colonel in the Army andC.B., served as a volunteer in Holland, under the Duke of York, commanded the 88th regiment at Badajoz and Salamanca, was present at various other battles during the Peninsular War (medals and clasps), and died 24th March 1842, having married Margaret, daughter of E. Hazlett, Esq., by whom he had — with two daughters, Juliana-Josephine (died 24th March 1895), married to the Rev. William-Henry Macalpine, M.A., and Margaret, who died unmarried — four sons : — (a) Miles-Charles,2 an officer in the 85th regiment, born 23rd belonged to Lindsays, cadets of the Earls of Crawford. It is now (1803) the property of Christopher Seton, Esq.' — Sibbald's Fife and Kinross, p. 363. The ruins of the old chapel of Kirkforthar, within which the Lindsays and the Setons of Cariston were for many generations interred, stand in the middle of a little roundle of trees, close to Kirkforthar House. The only carved stone which remains is triangular in form, and exhibits the impaled arms of Lindsay and Pitcairn, with relative initials. 1 For interesting notices of John Adair, see Chambers's Domestic Annals of Scotland, ii. 483-5, and iii. 42 ; Chalmers's Caledonia, ii. 58 ; Bannatyne Miscellany, ii. 347 ; Analecta Scotica, i. 142 ; and Bishop Nicolson's Scottish Historical Library, pp. 8, 9. John Adair died in London about 1722 ; and for his useful services his widow received a pension of ^40. 2 Upwards of fifty years ago (31st March 1838) Miles-Charles Seton, going a generation further back than Captain Marryat's faphet, inserted an advertisement to session-clerks, in the North British Advertiser, offering a reward of two guineas for the discovery of the record of his grandfather's birth — replies to be addressed to Walter Dickson, W.S., 3 Royal Circus, Edin burgh. Somewhere about the year 1842 I com municated certain particulars, furnished by Mr. Dickson's eldest son, to my aunt, Mrs. Dawson — the genealogist of her generation — and was ultimately able to establish, pretty satisfactorily, that Miles-Charles's Irish grandfather was a cadet of the Cariston line. We shall afterwards see that the characteristic of lofty stature is a very striking feature in the Irish branch of the family. 596 CHILDREN AND BROTHERS OF September 1808, died 18th September 1877, married, first, in 1832, Ann-Maria, daughter and heiress of Josias Cocke of Camborne and Trekersby, co. Cornwall,1 by whom he had two sons and one daughter : — 1. William-Carden, of Trekersby, presently residing in Edinburgh, born 1836, formerly Captain in the 82nd regiment, married, in 1871, Amy- Isabel, daughter of James Forsyth of Glengorm, co. Argyll, by whom he has — besides three daughters, Isabel- Margaret, Amy-Magdalen, and Dorothea-Eva — two sons : — (1) Miles-Charles-Cariston, born 1874. (2) James-Nigel-Cariston, born 1875. Captain W. C. Seton retired from the Army in 1871, after having been sixteen years in the 82nd regiment, in India and elsewhere, on which occasion he was entertained at a farewell dinner at Aldershot, and presented with a handsome plated tobacco-jar, bearing a suitable inscription. 2. Miles-Charles, born 1838, Major Hampshire (67th) Regiment, married, in 1866, Mabel-Catherine Court. 3. Julia, married, 4th December 1858, Caesar- Hastings Otway, Esq. Miles-Charles Seton, senior, married, secondly, 15th April 1841, the Hon. Mary- Ursula, eldest daughter of William- Leonard, second Viscount Sidmouth, by whom he had eight sons and three daughters : — 4. Henry-Cariston, born 1842, Captain R.A., d. s.p. nth September 1880. 5. Bertram-William, born 1845, married, in 1869, Isabella- Mary, second daughter of Nelson- Kearsey Cotter, M.D., son of Sir Laurence Cotter, Baronet, by whom he has a son, Malcolm-Cotter-Cariston, born 1872, of Oriel College, Oxford. 6. Leonard-Miles-Cariston, born 1847, married, in 1882, Eleanor, daughter of Hugh Wyndham of Bukkulla, N.S.W., by whom he has a son, Bertram- Wyndham. 7. Malcolm- Robert, born 1850, died 1858. 8. Ronald - Cariston, born 1853, married, in 1874, Augusta- Mary, eldest daughter of Robert R. Christie, Esq., late Madras Light Cavalry, by whom he has four sons, Hubert-Addington-Arniel-Cariston, Ronald-Miles-Cariston, Charles- Henry-Cariston, and Archibald-Eardley- Eglinton. 9. Basil, born 1858, married, in 1886, Ellen-Georgina, only daughter of Colonel Logan- Home, K.L.H., of Edrom, co. Berwick. 10. Winton-Cariston, born 1862. 1 The surname of Cocke frequently appears Charles Cock figures as a smuggler— his ship in Cornish records. In 1546, Robert Cocke being called the 'Pynnace of Lubeck'; 163 1, occurs in a subsidy-roll ' pertaining to ' Seynt Christopher Cocke, warden of the market-house Iysse (St. Ives); 1576, Thomas Cocke, church- of St. Ives. — Matthew's History of St Ives warden of the same parish; 1598, Captain Lelant, etc. (1892). MILES-CHARLES SETON 597 11. Hubert- Addington, born 1864, and died in infancy. 12. Edith-Mary, married to George Dickson, Esq., Advocate, Sheriff- Substitute of Berwickshire, and died in 1869, leaving issue. 13. Margaret- Ursula, married to Philip Peck, Esq. 14. Eva, married to George-Ninian Logan-Home, 16th regiment, of Broom House and Edrom, co. Berwick, by whom she has two sons and three daughters. 15. Maude, residing with her mother, the Hon. Mrs. Seton. The three younger sons of Colonel William-Carden Seton were : — (b) William-Carden, born 18 13, Major 41st regiment, retired from the army, after twenty years' service, in 1852 ; married, in 1847, to Anna- Shaw, only daughter of Henry-Shaw Jones of Dollardstoun, co. Meath, and has issue two sons, Henry-Carden and Robert- Eglinton. Major Seton, who was a fearless rider, on at least one occasion rode a steeplechase across ice, of which an account appeared in the journals of the day. (c) John-Harris, born 1817, d. s.p. 1844. (a) Robert-Eglinton, formerly an officer in the 93rd Highlanders, afterwards Lieutenant-Colonel and Colonel commanding the Dublin City Militia (now the fourth battalion Royal Dublin Fusiliers), of which he is honorary Colonel ; married Jane, daughter of Henry Garnett of Green Park, co. Meath, by whom he has — besides three daughters, Margaret, Mary, and Maud, who died young — four sons and two daughters : — 1. Winton, born 1854, Major Leinster Regiment (Royal Canadians), now holding a military appointment in British Guiana, married, in 1885, Ethelreda, only surviving child of Colonel James Fitzgerald, Indian Staff Corps, and formerly Deputy-Commissioner at Berar, by whom he has — besides a daughter, Brenda-Kate, who died in infancy — two sons and two daughters, Bruce-Eglinton, born 1890, Jernie, born 1891 ; Ethelreda- Hermione, born 1886, and Lena, born 1892. 2. Augustus-Saint John, Captain 8th (King's) regiment, married to Bessie, daughter of General Colin Troup, Indian Army, and widow of Frederick-Saint George Tucker, Lieutenant R. A. and Indian Staff Corps, by whom he has two daughters, Linda and Mary. 3. Carden- Henry, Lieutenant Worcestershire Regiment. 4. Robert-Eglinton-Douglas-Cariston, died, unmarried, 1887. 5. Florence- Mary. 6. Linda, died 1890, having married James-Gilbert Kennedy, only surviving son of Dr. Evory Kennedy of Belgard Castle, co. Dublin, by whom she had a daughter, Eileen. The youngest son of Christopher Seton and Elizabeth Adair (supra P- 595) was (3) James, who died abroad. Their four daughters were as follows : — (1) Jean, died 26th September 1769, married to her cousin, George Seton, seventh Baron of Cariston, of whom afterwards. 598 SUCCESSION SETTLEMENT (2) Elizabeth, married to David Boswell, representative of the Bos- wells of Balmuto.1 (3) Margaret. (4) Janet, married to Mr. John Scot of the Customs. The fifth Baron of Cariston married, secondly, Helen, eldest daughter of Watson of Athernie 2 by Scot his wife, of the family of Ardross, and by her had issue, David, Robert, and James, who all died young; Christian, married to ' Graham in Perthshire ' ; Annie ; Margaret ; Mary, married to John Lamont, surgeon ; and Jean, married to Christopher, son of Lamont of Newton.3 In a procuratory of resignation, in my possession, executed by the fifth Baron of Cariston on the 6th of March 1706, 'considering the weal and standing of his family,' he formally settles the succession to his lands and estate as follows : — 1 st, On his eldest son George, and the heirs-male of his body ; ' 2nd, on any other sons or heirs-male of their bodies ; 3rd, on his daughters, or heirs-female of his body, arid the heirs- male of their bodies ; 4th, on the heirs whatsoever of his eldest son and other heirs-male of his own body ; 5 th, on the heirs whatsoever of his daughters' bodies ; 6th, on his heirs and assignees whatsoever ; with the express proviso ' that if the said lands . . . shall happen to fall or be devolved upon a daughter or heir-female, then and in that case the eldest daughter shall always succeed thereto without division, and shall be obliged to marry a gentleman of the same name of Seton, at least, who, and the heirs to be procreated betwixt them, shall be obliged to assume and retain the said surname of Seton, and carry and bear the arms of the family of Cariston, under the pain of amitting and losing their right to the said lands and estate.' It is not a little strange that the fifth Baron's great-granddaughter Margaret (daughter of the seventh Baron) should have practically carried out this proviso by marrying her cousin, Henry Seton, and thus conveyed to her descendants — not the succession to the estate (which unfortunately had been alienated) but — the representation of the family, on the death of her brother, Major Christopher Seton, in 18 19.4 be a So •5 1 Their great-grandson, Hugo Reid — the author of numerous well-known books, and, longo intervallo, the most versatile man I ever came across — was, through this union, my third cousin. 2 For a notice of this family see Jervise's Land of the Lindsays, p. 418. 3 See the Prefatory Notice' in Lamont's Diary (of which a new edition is in preparation by the Rev. A. T. Grant of Elie), and New Statistical Account of Scotland, Fife, p. 378. 4 In Scotland, the rights of the eldest daughter and of her representative, as ' heir of line,' pre sent a marked contrast to the English practice. The Burleigh case, deliberately considered by the Law Lords, completely overturned Lord Mansfield's assertion that, in Scotland, heirs- male were uniformly preferred to heirs-female. The old Earldoms invariably went to the Earl and his heirs, as proved by Lord Hailes in the Sutherland case. It is believed that the Douglases, by means of their entails, first favoured heirs-male to the prejudice of heirs- female. In the Burleigh case, the patent had GEORGE SETON, SIXTH BARON 599 Among the Cariston writs, in my possession, is an elaborate contract (upwards of six feet in length) dated 20th December 1690, between the Commissioners appointed, in the preceding year, by George, fourth Earl of Winton, for managing his affairs during his absence abroad, and Christopher Seton of Cariston, relative to certain bonds granted by his father, the fourth Baron, and subsequent apprisings. I have also a memorandum which I received from the late Mr. John Riddell, Advocate, regarding an action at the instance of David Lindsay of Kirkforthar against Christopher Seton of Cariston, in February 1697, for the sum of 250 merks Scots, alleged to be due to the pursuer by the defender. The fifth Baron died in 1 718, in the seventy-third year of his age, and was succeeded by his eldest son, 6. George Seton, sixth Baron of Cariston, who married, first, Margaret, eldest daughter of David Boswell of Balmuto,1 co. Fife, and widow of Thomas Marjoribanks of that ilk, by whom he had one son : — 1. George, his heir HELEN WATSON. MARGARET BOSWELL. MARGARET LAW. no remainder ; and it was the creation of a barony with no destination. The first Baron left a daughter and no son. The daughter mar ried, and her husband took the peerage and sat in Parliament. In a competition between the heir of line and a male descendant, the Com mittee unanimously decided that the title of honour was an heritable estate, the succession to which must be regulated by ordinary rules. The opinions given by Lords Chelmsford, West- bury, and Colonsay, were admirable and con vincing, and may be accepted as sound law. 1 This was probably the laird of 1693, who appears to have been a strong Jacobite. See Chambers's Domestic Annals of Scotland, iii. 84. ' South-east of Auchtertule is Balmuto, the seat of a gentleman, chief of the ancient name of Boisvills ; a good old house. It belonged 6oo BALMUTO AND BRUNTON The sixth Baron married, secondly, in 1722, Margaret, daughter of James Law of Brunton,1 cp. Fife, by Margaret his wife, daughter of David anciently to the Glens of Inchmartin, and came by marriage of an heiress to the Boisvills.' — Sibbald's Fife and Kinross, p. 316. The square tower of 'great antiquity.' In a folio MS. in the British Museum (20,701) bearing the book-stamp of Alexander Deuchar, seal engraver, Edinburgh, and entitled ' Arms of the Nobility and Gentry of Scotland, regis tered in the Lyon Office of Arms, 1721,' we find the coat of this family thus blazoned : ' Boswell of Balmutto, Esqre. bears quarterly, istand4th, argent, on a fess sable between two thistles proper in chief and a garb gules, banded or, in base, three cinquefoils of the field ; 2d and 3d, or, a lion rampant gules bruised with a ribbon in bend sable, for Abernethy. Crest, a dexter hand issuing, holding a symeter (sic) all proper. Motto ' Fortiter.' See illustration on p. 1 1 1 supra. The following blazon is given in Professor Crawford's MS. (31. 4. 4) in the Advocates' Library : ' Boswell of Balmuto ane old great Baron in Fife, quarterlie, first Boswell ; second Wallace, viz. azure a lion rampant argent, but by evill custome the tincture is changed to or and gules. See, however, Nisbet's System of Heraldry, i. 44. 1 * Eastv/ard of Balbirne is Brunton, a part of the barony of Dalginche, belonging to the repre sentative of Law, Archbishop of St. Andrews, who purchased it from Wardlaw of Torry.' — Sibbald's Fife and Kinross, p. 364. Brunton, now called Barnslee, is the reputed site of one of the castles of Macduff, Thane of Fife, and appears from the Regiam Majestatem to have been one of the principal places of Justice. It passed from the Wardlaws to the Cockburns, and from the Laws to the Simsons. SIXTH BARON'S SECOND MARRIAGE 601 Clephane of Carslogie, and by her had — besides two sons, David and Henry, who both died young ; and three daughters, Margaret, who died young, Elizabeth, married to Captain George Lindsay of Kirkforthar, and died a few months after her marriage, in 1750, and Margaret (No. 2), who died unmarried in 1748 — three sons : — 1. Christopher, ' a rare genius,' who died at sea, off the coast of Guinea, in 174- 2. James, an officer in the Army, from family prejudices engaged in the ' rising ' of 1 745, when only fifteen years of age — ' a lovely youth ' — and was wounded in the heel at the battle of Culloden. Soon after the engagement, riding in the disguise of a peasant, he was discovered by some English soldiers, who happened to notice blood streaming from his foot, and taken as a prisoner to Carlisle, but was liberated through the interest of John, Nisbet supposes that the family of Law bear cock's crow ends in 'laa' or 'law' !— System of cocks in their arms, because the last part of the Heraldry, i. 348. 4G 602 AN OLD SCOTTISH GENTLEMAN Earl of Crawford, with Frederick, Prince of Hesse, who commanded 6000 Hessians in Scotland.1 He afterwards went to Holland and was present at the memorable siege of Bergen- op-Zoom.2 On quitting the Dutch service, he was, in 1761, appointed senior lieutenant of the 105th regiment, raised by General David Graeme of Gorthy ; and, after serving some years in the 54th regiment, retired from the Army in 1774, and resided for some time at Cariston, after it was sold to Major Wemyss. James Seton died at Markinch, 2nd February 1817, in the eighty-eighth year of his age, having married, 29th March 1783, Anne, youngest daughter of John Simson of Brunton, by Anne, daughter of Patrick Murray of Ayton, by whom he had one daughter, Anne, who, ' to the inexpressible grief of her parents, died at Cariston, in the seventeenth year of her age, 25th May 1803. She died in the Lord.' The following notice of the fine old soldier appeared in a Perth newspaper a few years before his death : — ' The Pilot in a late number observes that the Hon. Mr. Nairn, residing in this city, is the only gentleman now alive who espoused the desperate fortunes of Charles in the year 1745. The statement is incorrect. There yet remains another at least who fought in the famous battle of Culloden, — James Seton, Esquire, a younger son of the ancient family of Cariston, in Fifeshire. He was saved from suffering the fate of unfortunate loyalty by some ladies of distinction, who warmly interested themselves in his behalf, and interceded for him, on account of his extreme youth, with the Duke of Cumberland. Mr. Seton still lives, respected and beloved by all who know him, distin guished by an uncommon kindness of heart and suavity of deportment, and a model of those refined and pleasing manners which distinguished the gentleman of former times, and which he acquired during a long period of military service in the cause of his country, in Flanders and other places of the Continent.' James Seton was survived by his widow for upwards of twenty years, and the Fife Herald made the following reference to her death, which occurred on the 15th of March 1838 : — 'This amiable lady, the relict of Captain Seton, who was tried at Carlisle for being " out " in the '45, and who has long resided in Markinch, enjoying the esteem and affectionate regard of all who had the honour of her acquaintance, has at last paid the debt of nature, in her ninetieth year. Her virtues, of which charity in its most enlarged sense was predominant, were the fruit of thought and reflection, engrafted on a kindly natural disposition. Her happiness consisted in doing good, and that in the most noiseless and unostentatious manner ; and the aim of her life was rather to be than to seem virtuous esse quam videri. She will bear with her the affectionate regards of all her friends, and of the many who shared her bounty.' 1 Like Sir Walter Scott's great-grandfather, 2 The almost impregnable fortress which my great-grand-uncle James Seton ' had nearly secures the intercourse between Holland and the honour of being hanged,' for having been Zealand, and bars the way to Spanish Brabant. \ out' in the '45. See Scott's Familiar Letters, —Grant's Memoirs of Sir fohn Hepburn, p. 18. i- 66. See also Russell's Modern Europe, iii. 255. GEORGE SETON, SEVENTH BARON 603 The youngest son of the sixth Baron of Cariston, by his second wife, was, 3. John, captain of a West India merchant ship, who settled in Dublin, and married Lucinda, daughter of Captain Causier, of the Revenue Service, by whom, besides other sons who died young, he had a son, John, and three daughters— Jean, Margaret, and Elizabeth. The sixth Baron died, 9th June 1760,1 in the seventy-second year of his age, and was succeeded by his eldest son, 7. George Seton, seventh Baron of Cariston, who married Jean, eldest daughter of his paternal uncle Christopher, and had three sons and six daughters : — 1. George, who died in infancy. 2. George (No. 2), his father's heir. 3. Christopher, born about 1754, joined the 54th regiment in 1776, served during the whole of the American War, and after the peace was several years with his regiment in Nova Scotia and New Brunswick. He was also in the campaign in Flanders and Holland, 1794-5, under the Duke of York; and was afterwards sent to the West Indies against the French and Caribs of St. Vincent, commanding the Grenadiers at the storming of the wounded. In 1792 Lieutenant Christopher Seton was arraigned before a court- martial at the Horse Guards, as paymaster of the 54th regiment, along with two brother officers (Captain Powell and Lieutenant Hall), at the instigation of the celebrated William Cobbett, formerly sergeant-major of the regiment, who failed to appear on the day appointed for the trial, when all the accused were honourably acquitted. A report of the proceedings was published in 1 809, and the following passage occurs in the case submitted by the authorities to the Attorney and Solicitor-General : — ' There is every reason to suppose that the accu sation was destitute of foundation, and wilfully and maliciously set on foot for the purpose of calumniating the characters of the three officers in question, and of putting them to expense, the accuser not hesitating, in Vigii, when he was severely 1 'I spent most of the summer of 1760 at Markinch Manse, with the minister, Mr. Pinker- ton, who owing to some kindness shown him by my father in his youth, treated me with paternal affection. During my stay at Markinch I en joyed much pleasant intercourse with the neigh bouring families of Balbirnie, Brunton, and Cariston, with young persons of both sexes of my own age.' — Somerville's Life and Times, p. 49. Mr. Pinkerton married a Drummond of Haw- thornden, whose son, Captain Pinkerton-Drum- mond, professed to be the representative of the family of Hawthornden. 604 COURT-MARTIAL IN 1792 order to obtain this end, to deceive the Crown and make a mockery of public justice.' The two following quotations appear in startling juxtaposition on the title-page of the printed report : — ' If my accusation is without foundation, the authors of cruelty have not yet devised the tortures I ought to endure. Hell itself, as painted by the most fiery bigot, is too mild a punishment for me!' — {Cobbett 's Letter to Sir Charles Gould, Judge- Advocate-General, wth March 1792.) ' The said several charges against those officers respectively are, and every part thereof is, totally unfounded.' — (Sentence of the Court-martial.) In the spirit of the first of these quotations, Christopher Seton indites an epistle to his uncle James (the young soldier of Culloden) from 'No. 11 Haymarket, London,' on the 5th of April 1792, in which he says : — 'In my letter to Peggie1 of the 27th ult° I desired her to inform you that 1 The writer's sister and the author's grandmother. 'STRONG LANGUAGE' OF THAT PERIOD 605 the Villain who had exhibited the charges against us thought proper to disappear, though not till after he had put us to all the trouble and expense in his power. Report says he has gone to France, and I shall only add that I wish he was in Hell, as he fully deserves a warm berth. He gave in the names of 47 non-commissioned officers and privates of the regiment to Sir Charles Gould, as his evidence to support him in the business, all of whom appeared at the Horse Guards, and before the Court, not one of them having a word to say, nor did they know what brought them there. We were also obliged to have all or the greater part of the officers here who came home with us, with upwards of 20 non-commissioned officers and privates ; so you can easily judge what trouble the scoundrel has put us to on the occasion, for which I hope he will be Damned.' It must be remembered that in 1792 'strong language' was in fashion, especially among military men ; and, accordingly, some allowance must be made for the somewhat vigorous statement of the indignant pay master. 606 WILLIAM COBBETT The following extract from a notice of Smith's Biography of Cobbett, in the Edinburgh Review of April 1879, appears to embrace a fair and unprejudiced summary of the extraordinary episode : — 'In the autumn of 1791 the 54th regiment was sent home. Its serjeant-major (Cobbett) might have hoped for a commission ; but he had seen enough of soldiering, and had fallen in love. He had conceived also a great scheme, which required that he should be out of the army. He applied for his discharge, and it was granted, with a laudatory testimonial from his Major, the unfortunate Lord Edward Fitzgerald, to the services he had rendered to the regiment. His future bride, Ann Reid, the young daughter of an artillery-man, had already returned to England, intrusted with her lover's savings of a hundred and forty or fifty guineas. The grand project Cobbett had conceived as his new introduction to civil life was nothing less than the prosecution of several officers of his old regiment for defrauding the men of their bread, clothes, and fuel, and cheating the revenue by false musters. His position had enabled him to collect materials ; and the War Office agreed to submit the case to a court-martial. When, however, the trial was at hand, disputes arose between Cobbett and the Judge-Advocate-General on the manner of conducting the inquiry. Cobbett refused to proceed with it. On the day the Court met no pro secutors appeared. The charges were read out, and an acquittal recorded. The Attorney and Solicitor-General were consulted whether Cobbett could be criminally prosecuted. As there was no evidence of conspiracy with others, their opinion was that he could not be, but that the officers he had slandered might bring actions for damages. But by this time Cobbett was in France, where he passed a few months before his final departure to the United States of America. 'The affair of the court-martial is a perplexed one, and Mr. Edward Smith lends us no real help in disentangling it. He simply accepts Cobbett's version of the story. On such evidence as has been produced, though the War Office archives might clear up an obscure question, we incline to a belief that the serjeant-major had discovered a mare's nest. ' Cobbett, at a later period, ridicules his own book-keeping. His publishing accounts he defies "the devil to unravel." The Judge- Advocate probably came to the conclusion that the main offence of Cobbett's former officers consisted in keeping accounts of much the same character as those subsequently kept by their accuser. When Cobbett discovered, as appar ently he did, that the ordnance he had laboriously charged against his regimental superiors would not go off, the shame, and some little appre hension of private retaliation, drove him from England. That the War Office had resolved to procure an acquittal of dishonest officials requires more proof than the assertion of a man who launched an accusation and ran away before it was brought home. This is not Mr. Edward Smith's way of judging Cobbett's acts. The London Chronicle of March 28, 1792, had explained what certainly looked like a flight by the suggestion that GEORGE SETON, EIGHTH BARON 607 "some misconduct" was the motive. Mr. Smith thereupon apostrophises the circulators of such rumours in a tone recalling equally Mr. Carlyle and the prophet Jeremiah: "No such thing at all, paragraph-monger! and no such thing at all, ye rapid writers ! You don't know this man. You don't know how he retires from the unequal conflict with money, prescription, aristocratic influence. Let him flee from anticipated vengeance ; and see him return one day, himself always incorruptible, with such a budget, such a quiverful ! " ' Finally, on the subject of Cobbett, George Dawson, in his Biographical Lectures (pp. 5 16 et seq.) tells us that he was 'one of the most mighty egotists the world ever had' — that, 'for some unexplained reason] he went to France at the time of the court-martial — that ' he was several times tried for libel, and was on one occasion imprisoned for two years in Newgate.' After about twenty-four years' service, Christopher Seton retired from the Army with the brevet rank of Major. He married, 10th August 1795 (1797?), Catherine (died 18 14), eldest daughter and co-heiress of George Lindsay of Kirkforthar, and widow of Robert Carmichael of Balmblae, by whom he had a son, George- James Lindsay, who died in infancy.1 The six daughters of the seventh Baron were : — 1. Margaret, who died in infancy. 2. Elizabeth, died, unmarried, at Methil, 3rd December 1788, aged forty-seven years. 3. Margaret (No. 2), of whom afterwards. 4. Anne, died unmarried in November 18 14. 5. Jean, called the ' Countess Sobieski ' on account of her beauty, also died unmarried in January 1815. 6. Christian, married, 22nd April 1795, to Thomas Barland of Rose- bank, Perth. , • 1 There is a tradition in the family respecting the genealogical qualifi cations of Jean Seton, who was in the habit of moving about with the Bible in one hand and the Peerage in the other. In a letter to my father from his friend Sir Henry Oakes, the writer refers to 'old aunt Jean,' as ' having the Baronage and Peerage of Scotland by heart.' The seventh Baron of Cariston died 2nd November 1762, aged forty- eight, and was succeeded by his eldest surviving son, 8. George Seton, eighth Baron of Cariston, born in 1752, and consequently only ten years of age at the time of his father's death. His uncle, James Seton, was his tutor-m-law, and his * Major Seton had an illegitimate son, Chris- Balmblae, near Falkland, and whose descendants topher, who succeeded to the small estate of are believed to exist. 608 MAJOR CHRISTOPHER SETON affairs being in an embarrassed condition, the authority of the Court of Session was obtained for the sale of a part of his estate, situated in the parish of Kettle, viz. : — Rumeldrie, Hilton Mill, etc. ; but, not being a good economist, he sold the remaining portion — Cariston, Ballinkirk, etc. — a few years after he attained his majority. About 1 780 he betook himself to a military career, first as Lieutenant in the 50th regiment, and afterwards he had the brevet rank of Captain in the 78th Highlanders. In June 1781 he went to the East Indies ; but as the climate did not agree with him, he returned to Scotland in 1793, was put on half-pay, and lived for a few years at Rumgally, near Cupar, where he died unmarried, of a broken constitution, 10th February 1797, at the early age of forty-five. His Royal Highness the Duke of York allowed his commission to be sold for the benefit of his heirs. Sic transit gloria mundi ! The alienation of the estate is referred to in a letter from James Seton to a young relative, dated 'Cariston, 31st March 18 10.' ' The family of Cariston,' he says, 'continued, by many respectable marriages, in direct succession, till it came to George, my oldest nephew, elder brother to Major Seton, a very weak, foolish, young man. I was his tutor-in-law during his minority, and sold the last part of the estate, in Kettle parish, to pay off original debts, so that when he became major, he had the present part of the property — Cariston and Ballinkirk — free, and had likewise a commission in the 50th regiment. But he had not been laird many years when all was sold, and likewise his commission. Another commission was procured for him, but it was not so easy to procure an estate. Had Major (Christopher) Seton been the first-born, the property would have still been in the family. But Providence ordered otherwise — and God's will be done ! ' The eighth and last Baron was succeeded in the representation of the family by his brother, 8 (a). Major Christopher Seton, at whose death, in 18 19, it devolved on the descendants of his sister, Margaret, born 15th May 1745, died 19th October 1803, who married her kinsman, Henry Seton,1 already referred to, grandson of David Seton of Blackhall, and great-grandson of George Seton, fourth Baron of Cariston ; by whom she had two sons and two daughters : — 1. David, born 22nd July 1768, who began life as an apprentice to Mr. 1 This was the third Seton intermarriage cousin-german, Jean Seton ; while, further the in the course of five generations, the first maternal grandmother of the fourth Baron was having been between George, fourth Baron of Marion Seton, of the family of Parbroath Cariston and Margaret, daughter of Sir Thomas Accordingly, my late lamented friend and kins- Seton of Ohvestob, and the second between man, Hugo Reid (already referred to) pro- George, seventh Baron of Cariston, and his own nounced me to be ' Setonissimus Setonoru'm' ! CAPTAIN DAVID SETON 609 Bruce, shipbuilder in Dysart, in November 1785; and on the ist of February 1790 sailed for the East Indies, as ship carpenter in the York, commanded by Captain Donnelly. After eight years' unrewarded perse verance, he determined to enter the Army, and obtained an Ensigncy in the 71st regiment, in November 1797. In February 1800 he became Lieutenant in the 40th regiment ; and early in the following year he exchanged into the 1 ith West India regiment, ultimately attaining the rank of Captain. He married Penelope Waddell, ' an officer's daughter,' and widow of Monsieur Fredayne, possessed of considerable property in the West Indies. [On the death of his uncle Christopher, in 18 19, 9. Captain David Seton succeeded to the representation of the family of Cariston, and died, without issue, 9th September 1826. (See p. 615 infra.j] 2. George, born at Leven 6th August 1769, Commander in the H.E.I.C.S. From an imperfect memorandum-book of births, deaths, and marriages, etc., kept by his mother, it appears that he sailed from Dysart for Amsterdam, on his 'first trial voyage,' in the May and Nancy — Captain Dryborough — on the 24th of February 1785, and returned on the 17th of November. On the 18th of August 1786 he sailed from Leith for Copen hagen and St. Petersburg, with Captain Skirven, and returned on the 16th of August. Eight months later (13th December), he left Scotland with the intention of embarking with Captain Boswell of the Chesterfield Indiaman ; but owing to a change of plans, Boswell recommended him to Captain Paiba (?) of the Lord Walsingham, with whom he sailed for China on the ist of April 1787. His fond mother received a welcome letter from the young sailor, dated ' 16th May, under the line,' by a homeward vessel ; while his next epistle, dated ' Wampo, 1 2th December,' only reached its destination on the 15th of May 1788. Six months afterwards (20th November) the absent son arrived at Gravesend, ' in perfect health ' ; and on the 13th of February 1789 he sailed in the Britannia — Captain Cumming — along with three other ' Indiamen,' for Batavia and Sumatra, en route to China. In July 1790, when residing at Rumgally, near Cupar, his mother received a letter from her 'dear son George,' announcing that he had obtained permission from Captain Cumming to remain in the East Indies, and that he had sailed in a country ship called the Sural Castle — Captain Lowrie— for Bombay, where he went on board the Yarmouth — Captain Thomas Bruce of Grangemuir — as second officer. In June 1794 he got the command of the country ship Alexander, and changed her name to Helen. Among my family records are a series of upwards of twenty of my father's beautifully written folio and smaller volumes, of which the earliest is a small quarto containing, inter alia, copy of a letter dated ' Edinburgh, 4H 6io JOURNALS AND CORRESPONDENCE OF 20th April 1792,' relative to the Massacre of Glencoe, and a number of arithmetical exercises. It bears the following inscription : — ' George Seton his Book, Methell 1786, given him in a present by Mr. George Seton, 78th Regiment, Madras, India' (his uncle, the eighth and last Baron of Cariston). Several of the volumes are filled with elaborate calculations of latitude and longitude ; while two of the largest bear the following titles, exquisitely engrossed : — (1) 'A Journal of the proceedings on board the ship Helen, by George Seton, Commander,' with a tasteful vignette representing a bee-hive, bear ing a crescent on a heraldic wreath, and the motto, ' Studio fallente laborem.' (2) ' Journal kept by George Seton, of the proceedings on board the ship Marquis Wellesley' — 13th April to 22 nd October 1804. In the case of the former there are a number of prettily executed water-colour drawings of mountains and other striking objects, *as CAPTAIN GEORGE SETON 611 seen from the quarter-deck,' and both Journals are very beautifully kept. Captain Seton appears to have settled at Penang (Prince of Wales Island), in the course of the year 1806, and early in the following year (23rd April 1807) it was his 'painful duty' to write to 'Sir David Wedderburn, Bart., London,' announcing the deaths of Sir David's two brothers-in-law, Messrs. John Hope-Oliphant (aged thirty-four), and Philip Dundas (aged forty-five), which occurred on the 23rd of March and 8th of April respectively. Mr. Dundas, of the family of Arniston, was Governor of Prince of Wales Island, while Mr. Oliphant, younger of Rossie, was the second member of Council. Captain Seton was Mr. Dundas's sole executor in India ; and at the request of Mr. Oliphant's widow and daughter he took out letters of administration to that gentle man's estate. In the aforesaid letter he states that ' Mr. Dundas's dear boys, Robert and Philip,1 are under my immediate charge. . . . The con versation that passed between Mr. Dundas and myself when he put them into my arms can never be obliterated from my mind ' ; and he explains the arrangements that he had made for their immediate return to England, under the care of Mrs. Oliphant. In another letter of the same date, to the ' R* Hon. William Dundas, London,' Captain Seton says : ' I have had the honour of Mr. Dundas's acquaintance for many years, and pos sessed his friendship and confidence ever since he came to this island. I came with him from Madras, at his own desire ; and it was his anxious wish to have placed me in the Marine Department here, as Master Attendant, twenty years' experience in India, and commander of the finest Bombay ships for the last fourteen years,2 made him think that my know ledge of the country, languages, customs, and manners of the natives fitted me for the situation.' One of Captain Seton's letter-books shows that he had a very extensive and troublesome correspondence relative to the affairs of his two deceased friends, while another folio volume embraces a series of detailed accounts, extending over seven years. From another letter-book it appears that Captain Seton returned to Scotland and settled in Perth towards the end of the year 181 1. During the last fourteen years of his life he conducted a large correspondence with both home and foreign friends, from which it would seem that at one time he contemplated returning to the East. One of his most frequent corre- 1 (1) Robert-Adam Dundas, afterwards the Right Hon. Robert Hamilton-Nisbet-Hamilton, M.P. for the county of Lincoln, who married Lady Mary Bruce, daughter of the seventh Earl of Elgin,*by whom he had a daughter, Constance, wife of Henry-Thomas Ogilvy, Esq., younger son of Sir John Ogilvy of Inverquharity, Bart. (2) Lieutenant-Colonel Philip Dundas, mar ried to Lady Jane Charteris, daughter of the seventh Earl of Wemyss. 2 An interesting notice of the East India Company's ' regular chartered ships ' — 'a splendid service, now extinct ' — will be found at page 45 of the Memoirs of Robert and fames Haldane, published in 1852. The crews ranged from 126 to 145, and the charge for freight was as high as ^40 per ton. Each vessel carried from twenty-six to thirty-six guns, and occasionally ships of war were either beaten off or captured by them. Many of the Captains were younger sons of the nobility, and all of them indulged in expensive habits, ' which rendered them objects of jealousy to the juniors in the Royal Navy, who had not the same means of acquiring fortune.' 612 MRS. EDWARD-JAMES JACKSON spondents already referred to, was Lieutenant- General Sir Henry Oakes,1 residing at Mitcham, in Surrey ; while others were Mr. William Mactaggart, Bombay; Mr. Thomas Beale, Canton; Captain Robert Scott, Penang; James Horsburgh, East India House, Lieutenant -Colonel Gordon, Montagu Square, and Mr. William Crawford, Broad Street, London; Captain W. J. Lye, R.N., Bath; Mr. Henry Hall, Carlisle; William Lindesay of Feddinch, Richard Lundin of Auchtermairnie, Lieutenant- Colonel Paston of Barnslee, David Wemyss of Denbrae, Colonel Wemyss of Wemysshall, and Peter Wedderburn of Isla Bank. Captain Seton was married, on the 12th of January 1819, to Margaret, second daughter of James Hunter of Seaside, co. Perth, and died 21st June 1825, leaving one son and two daughters : — 1. George, of whom afterwards. 2. Elizabeth, born 5th January 1820, married, 25th July 1838, to Edward- James Jackson, B.A. Oxon. (who died in 1878), of Upwell, co. Norfolk, and the Priory, St. Andrews, Fife, and died 28th April 1885, leaving four sons and four daughters : — (1) Randle, born 2nd June 1839, of Swordale, Ross-shire, and Upwell, co. Norfolk ; educated at Sandhurst ; served with the 77 th and 32 nd regiments and the 8th Royal Irish Hussars; subsequently Hon. Major in the Fife Light Horse Volunteers; J. P. for Fifeshire, and J. P. and D.L. for the county of Ross. Major Jackson sold the Priory, St. Andrews, to the Marquis of Bute in 1894. He married, 6th September 1882, Emily- Margaret, daughter of Edward Baxter of Kincaldrum, Forfarshire, and Gilston, co. Fife, by whom he has two daughters, Annie-Constance and Dorothy- Jean. The ring which is engraved at p. 618 contains the hair of Prince Charles Edward, and was inherited by Major Jackson from his mother, who received it from her aunt, Mrs. Dawson. It was presented to my great-grandmother, Jean Seton, already referred to, by the Prince, after dancing with her at Holyrood, along with a drinking-cup, still in my possession. (2) George- Henry, born 14th July 1842, late Captain in the Bengal Native Infantry, now residing at St. Andrews, married, 28th June 1888, Helena-Elizabeth, daughter of J. M. Koecher, Esq., of Manchester. (3) Edward-James, C.E., born 26th October 1845, and married, 25th 1 Author of a Narrative relative to the English Prisoners taken by Tippoo Saib, on the reduction of Bednore, 1783-4. MRS. BUCHANAN-HAMILTON 613 March 1882, Eliza-Sophia, daughter of Colonel Matthew Poole, of the Madras Army, by whom, besides a daughter who died in 1887, he has two sons and one daughter, Edward- Darby, Conway, and Joan. (4) John- William, born 27th April 1847, now residing in Edinburgh, after having spent many years in North and South America. (5) Eliza-Margaret, born 23rd September 1840, married, 13th January 1870, Mackenzie Murray of Woodside, co. Perth, H.E.I.C.S., of the family of Lintrose (died 14th February 1876), by whom she had one son, Edward- Mackenzie, of Oriel College, Oxford, born 3rd June 1874. (6) Joan- Laura, born 14th October 1843, and died, unmarried, 13th February 1892. (7) Mary-Seyton, born 8th December 1854, married, 10th October 1885, Charles- Hotham Purvis, Captain 17th Lancers, of the family of Bury Hall, Hampshire, by whom she has two sons and one daughter, Charles- Brett, Ronald, and Renira-Elizabeth. (8) Frances-Harriet-Hamilton, born 15th October 1857, married, first, 26th January 1882, William- Wilkes Unett, Captain 21st Hussars, who died three months afterwards ; secondly, William H. F. Verschoyle, son of J. J. Verschoyle of Tassaggart, co. Dublin, by whom she has two sons and one daughter, George-John-Foster, Arthur, and Kathleen-Laura. 3. Margaret, born 13th September 1824, and died 5th July 1892, having married, 9th July 1845, John Buchanan-Hamilton, of Leny, Spittal, and Bardowie, chief of the clan Buchanan, by whom she had three sons and three daughters : — (1) Francis- Wellesley, popularly known as 'the young Laird,' born 1 8th September 1853, died, unmarried, 28th October 1893. (2) George-Buchanan, of the London Stock Exchange, born 5th March 1856, died, unmarried, 6th May 1886. (3) John- Hamilton, Chartered Accountant, born 14th July 1861, and married, 3rd June 1884, Phcebe-Elizabeth, daughter of John-Clerk Brodie, Writer to the Signet, of Idvies, co. Forfar, and half-sister of Sir Thomas Dawson- Brodie, Baronet. (4) Margaret-Seton, born 9th April 1846, and died 7th March 1868, having married, 4th April 1867, Robert Jardine of Castlemilk, co. Dumfries (afterwards Sir Robert Jardine, Baronet), successively M.P. for Ashburton, Dumfries Burghs, and the county of Dumfries, by whom she had a son, Robert- William, born 21st January 1868, and married, 4th July 1894, to Ethel-Mary, fifth daughter of Benjamin Piercy of Marchwiel Hall, co. Denbigh, and Macomer, Sardinia, a Commander (Commendatore) of the Crown of Italy (who died in 1888), by whom he had a son, Robert- Buchanan, born 9th April and died 14th September 1895. (5) Anne-Helen, born 23rd July 1849, and died 9th June 1851. (6) Catherine- Elizabeth, born 27th March 1852. Captain George Seton was survived by his widow till 6th September 1868, a period pf forty-three years; and both are buried in the Greyfriars 614 MRS. BLAIR AND MRS. DAWSON Cemetery, Perth, where the inscription on their monument concludes as follows : — ' Nos, quos certus amor primis conjunxit ab annis Junxit idem tumulus, junxit idemque polus.' The two daughters of Margaret and Henry Seton (p. 608 supra) were :- 1. Jean, who died in 1826, having married, 8th March 1799, Mr. William Blair, factor to the Earl of Mansfield, by whom she had five sons and three daughters, most of whom married and settled in North America. The eldest daughter, Margaret-Seton, born 26th April 1805, d. s.p. 7th December 1884, having married, first, 7th June 1830, John Willison, M.D., who died 25th February 1835 ; and, secondly, 20th December 1842, William Dawson, merchant in Glasgow. 2. Melville, named after General Robert Melville,'1 grand-uncle of the late Mr. Whyte-Melville of Bennochy, born 20th November 1785, after her father's return from the American War, and died 20th April 1851, having married, nth December 181 5, William Dawson of Tayside, Perth, Commander in the H.E.I.C.S. (born 1768, died 1841), by whom she had one son and four daughters, of whom only the son, Robert, born 21st October 1819, is now alive. He married, 17th November 1857, Jessie, daughter of Mr. James Meall, by whom he has no issue. The three eldest daughters, Margaret, Mary, and Georgina, all died unmarried, while the youngest, Melville- Helen, born 19th January 1823, married* 21st June 1848, her cousin Henry Dawson, Captain in the Indian Merchant Service, with whom she was drowned in a squall off Madras, 24th May 1850, without issue 2 From the imperfect memorandum-book (already referred to) kept by my grandmother, Margaret Seton, it appears that, after residing for some time in Edinburgh, she went to Cariston in November 1773, and thence, four years afterwards, to Leven, where she remained upwards of seven years, removing to Methil towards the end of 1785, about a year after her husband's return from foreign service. The latter years of their lives appear to have been passed at Rumgally, in the parish of Kemback. In the Parochial Register of Scoonie (in which parish Leven is situated) there are a number of entries, between 1777 and 1783, relative to Mrs. Seton's modest payments for the education of her three eldest children. Occasional reference is made in the record to the teaching of Navigation ; and doubtless it was in the parish school at Leven that my father received 1 The Geneia had several 'name-children,' son. When his sister Melville was drowned to each of whom he left an annuity of £10. with her husband, she had the miniature in a 2 The portrait of my grandfather, Henry dressing-case, which went down in the vessel, Seton, engraved at page 593 supra, is from a and was recovered shortly afterwards, along miniature in my possession which I received with other articles — the miniature being quite several years ago from my cousin, Robert Daw- uninjured. GEORGE SETON, ADVOCATE 615 the elements of his professional education. During her husband's length ened absence in the West Indies and elsewhere (already referred to), she appears to have carefully superintended the upbringing of her children on very scanty means ; as, by this time, the family fortunes had fallen very low. I possess a copy of an unsigned and undated letter, in the handwriting of the decayed gentlewoman, inscribed ' To be sent to my two dear sons after my death,' which will be found in the Appendix ; and I am pleased to know that the younger of them did not fail to carry out the touching in structions which the letter contains. She closed her chequered career on the 19th of October 1803, and was buried in the quiet churchyard of Kemback, beside her husband, Henry Seton, who, as already stated, died six years previously. On the death, without issue, of Captain David Seton, 9th September 1826, the representation of the family of Cariston devolved upon his nephew, 10. George Seton, present representative, born 25th June 1822; M.A. of Exeter College, Oxford; F.R.S.E., F.S.A.S. ; called to the Scottish Bar 1846; appointed Secretary in the General Registry Office, Edinburgh, 1854, and Superintendent of Civil Service Examinations in Scotland, 1862, both of which posts he resigned 31st December 1889; one of the founders and first Secretary of the St. Andrew Boat Club, 1846; for many years Vice-Chairman of the Edinburgh Society for Improving the Condition of the Poor ; ' right-hand man ' in the Royal Archers, Her Majesty's Body-guard for Scotland ; author of this History of the Seton Family and various other works;1 senior co-heir of Sir Thomas Seton of Olivestob, fourth son of Robert, first Earl of Winton; and representative of Mary Seton, one of the ' Four Maries ' in attendance upon Mary Queen of Scots, who was half-sister of John, first Baron of Cariston. Among other heirlooms in his possession is the two-handed sword of Sir Christopher Seton, who married Christian, sister of King Robert Bruce. (See page 74 supra.) Mr. Seton has travelled extensively, having visited every country in Europe except Russia, besides Algeria, Egypt, the Holy Land, Madeira, and South Africa. He married, 26th September 1849, Sarah- Elizabeth, second daughter of James Hunter of Thurston, co. Haddington, and by her, who died 4th July 1883, had one son and three daughters : — 1. George, born 13th February 1852, educated at Merchiston Castle School and Edinburgh University, and afterwards in Normandy and 1 See Bibliographical Appendix. 6i6 FAMILY OF THE AUTHOR Hanover. He was six years in the house of Finlay, Muir, and Co., Calcutta, and is now engaged in East Indian business in London. He married, 2nd November 1895, Amy-Geraldine, only daughter of the late Charles Moore, Esq.', of Boston, U.S.A. 2. Elizabeth- Lindsay, born 23rd July 1850, for some years joint-editor of the Attempt, afterwards the Ladies Edinburgh Magazine; married, 13th February 1878, William - Livingstone Watson of Ayton, co. Perth, by whom she has a son, Robert- William-Seton, born 20th August 1879, now at Winchester College. 3. Margaret- Montgomerie, born 17th April 1854, married, 18th December 1886, Vyvyan-D'Oyly, eldest surviving FAMILY PORTRAITS 617 son of Major-General Alfred Wintle, R.H.A. and died without issue at Shanghai, 25th September 1890. The following true and touching words are inscribed upon the monument to her ' loving memory,' in the English cemetery at Shanghai : 'Many of us will henceforth go "softlier and sadlier," as those who feel that a light has gone from their life, yet as those who give thanks to the Lord and Saviour for having one in good keeping that it was once their joy to know and to love.' 4. Mary-Stuart, born 3rd April 1856, like her ancestor George, fourth Lord Seton (page 103 supra), a ' settar in museik,' several of her com positions having been published and favourably received. The following is a list of the family portraits in the possession of the author of this work : — 1. Robert, first Earl of Winton, Lady Margaret Montgomerie his wife, and their daughter Lady Isabella, Countess of Perth, by Jameson. Formerly in the possession of Charles Kirkpatrick-Sharpe. (Engraved at pp. 206-7 supra.) 2. Alexander, first Earl of Dunfermline, from the original at Yester, by Zuccaro(?). (Engraved at page 634 infra.) 3. George, third Earl of Winton. (Engraved at page 222 supra.) 4. Lady Anne Hay, his first Countess. 5. Christopher Seton, fifth Baron of Cariston. 6. George Seton, sixth Baron of Cariston. 1 (Engraved at 7. Margaret Boswell of Balmuto, his first wife. J pp. 600-1 supra.) 8. Thomas Marjoribanks of that ilk, first husband of No. 7. 9. Margaret Law of Brunton, second wife of No. 6. 10. George Seton, seventh Baron of Cariston. "1 (Engraved at 1 1. Jean Seton, his wife. J pp. 604-5 supra.) 12. Henry Seton, Chasseurs Britanniques. (Original miniature and coloured photographic enlargement ; engraved at page 593 supra.) 13. Margaret Seton.Tiis wife, daughter of George, seventh Baron of Cariston. 14. George Seton, Commander H.E.I.C.S. 15. Do. do. (Miniature; engraved at page 610 supra.) 16. Margaret Hunter of Seaside, his wife. 17. Do. do. (Crayon drawing by Archer.) 18. James Hunter of Thurston. (Replica by Robertson of Liver pool.) 19. Elizabeth Jennings, his wife. (Enlarged coloured photograph by Moffat.) 20. George Seton, Advocate, aet. 5, and his two sisters, by Gianetti. 21. Do. do. aet. 10; by Thomas Duncan. (Frontispiece of Vol. 11.) 22. Do. do. aet. 65 ; by Kay- Robertson. Do. do. in the uniform of the Queen's Scottish 23- 41 618 ARMORIAL BEARINGS Body-guard. (Photograph by John- Hamilton Buchanan, younger of Lenyand Bardowie, engraved at p. 616.) 24 Sarah-Elizabeth Hunter of Thurston, his wife, by Archer. 25-6. Elizabeth Seton (Mrs. Jackson), and Margaret Seton (Mrs. Buchanan-Hamilton) ; by Archer. 27-8. Elizabeth- Lindsay Seton (Mrs. Watson) and her brother George Seton, in 1853 ; by Archer. 29. No. 27 in Greek dress. ^ 30. Margaret-Montgomerie Seton (Mrs. I (Enlarged coloured Wintle), as Marie Antoinette. f photographs by Moffat.) 31. Mary-Stuart Seton, as a Lombardy I r P6aS The author also possesses a view of Niddry Castle by William Simson; an interior of Seton Chapel, showing the monument of George, fourth Lord Seton, and his wife, Lady Margaret Campbell, by 5. Edmonston; a coloured lithograph of the scuffle between the Setons and the Leslies in the Canongate, by Cattermole ; and a framed Armorial Pedigree, embracing forty coats, by Henry Laing, author of the well-known volumes on Scottish Charter Seals. Armorial Bearings. Or, three crescents within a royal tressure gules, for Seton ; and in the centre an otter's head couped sable, for Balfour. Crest — on a ducal coronet, a dragon vert, wings elevated, spouting fire proper, and charged with a star curgent. Motto — ' Hazard zet ford ward.' This family has sometimes been in the habit of quartering the entire arms of Balfour of Cariston with their paternal coat, thus: — ist and 4th, Seton, as above, without the otter's head ; 2nd and 3rd, Balfour, argent, on a chevron sable, betwixt two otters' heads erased in chief of the second and a fleur-de-lis in base azure, an otter's head erased of the first. This is the blazon of Balfour of Cariston in Sir David Lindsay's Register. VARIOUS BLAZONS 619 For a short time the Cariston family appear to have carried the paternal arms of Seton only, with a bezant on the first of the three crescents, as on a steel seal in my possession.1 The varied blazons are referred to by Nisbet at page 108 of his Essay on Armories. ' Seton of Cariston, in Fife,' he says, 'carries now Seton and Balfour quarterly. The first of this family was John Seton, second son of George, Lord Seton, and his lady, Elizabeth Hay, daughter to George (a mistake for John), Lord Yester. John Seton carried, first, or, three crescents within a double tressure counter-flowered gules ; and for his difference, as a younger son of the House of Seton, charged one of the crescents with a bezant, as on the roof of Samson's Hall in the House of Seton. He married Isabel Balfour, heiress of Cariston, and their son, George Seton of Cariston, laid aside the bezant and placed in the centre of his paternal arms, between the three crescents, an otter's head for Balfour, as in Mr. Thomas Crawford's manuscript of blazons ; and afterwards the family carried quarterly, ist and 4th, Seton ; 2nd and 3rd, gules, on a chevron or, between two otters' heads erased in chief, and a flower-de-lis in base of the second, an otter's head erased of the first ; which coat of Balfour of Cariston is so blazoned in Sir James Balfour, sometime Lion King of Arms, his Register.' The tinctures, as well as the charges, in the coat of Balfour of Cariston, vary considerably in the heraldic manuscripts in the Advocates' Library and British Museum, and in Nisbet's System of Heraldry. 1. Argent, on a chevron sable, an eagle's head erased or, between two otters' heads also erased in chief of the second, and a fleur-de-lis in base azure. — Formans Roll. 2. Gules, on a chevron or, an eagle's head erased between two otters' heads, also erased in chief, and a fleur-de-lis in base.— Balfour s MSS. 33- 2- 37- 3. Argent, on a chevron sable, three otters' heads erased argent. — MS. Blazon, by Sawers and Crawford, 3 1 . 4. 4. 1 See Laing's Supplemental Catalogue of Scottish Seals, No. 896. 620 THE AUTHOR'S BOOK-PLATE 4. Argent, on a chevron sable, an otter's head erased of the field, between two otters' heads erased of the second in chief, and a fleur-de-lis in base, azure. — Nisbet' s MSS., W. 4. 2. — 31. 4. 2. (This is the same as Sir David Lindsay's blazon.) 5. Argent, on a chevron sable, betwixt two boars' heads couped of the last, langued gules, in chief, and a fleur-de-lis in base a lyon's head of the first couped and langued, gules. — Nisbet 's MS. 43 (20). 6. Argent, on a chevron sable, a bear's head erased of the first between two wolves' heads erased in chief, and a fleur-de-lis in base of the second. — R. Holme, Irish and Scotch Pedigrees, etc. (Harl. 2120), British Museum. 7. Argent, on a chevron sable, a pike's head erased of the first between two pikes' heads erased in chief of the second, and a flower-de-luce in base azure. — Arms and Pedigrees (5522), British Museum. 8. Gules, on a chevron, or, betwixt two otters' heads in chief and a fleur-de-lis in base of the second, an otter's head erased of the first. — Nisbet's System of Heraldry, i. 167. FAMILY OF BARNS 621 XVII. Barns 1. Sir John Seton of Barns. HE first of the family of Barns was John, third (and second surviving) son of George, seventh Lord Seton, born about 1553, who has already been referred to under the memoir of his father (supra, pp. 183 et seq.). In the Lauderdale Papers in the British Museum (23,108, f. 20) we find royal instructions to Sir John Seton of Barns, ' Mr of or Horss,' as ambassador to England, in the following terms : ' Instructiouns to or trustie and well-beloued Servand . . . directit be us with auise of the Lordis of or Privie Counsell to or dearest Suster and Cousing the Queene of England at Halyrudehouse the tent day of Aprile 1581.'1 On the 25th of January 1585 Sir Henry Wodrington informs Walsing- ham that ' Sr John Seton is come to court and well accepted of the K, and presently made Mr of the K.'s householde or else shortly shal be.' 2 The year following (28th March 1586) R. Douglas writes as follows to Archibald Douglas : ' Sir John Seton and the laird of Barmbairoch are 1 See also State Papers relating to Scottish Affairs, 1308-1619, British Museum, 4637 C. 2 MS. British Museum, Cal. C. viii. f. 279, 622 SIR JOHN SETON, FIRST OF BARNS nominated Ambassadors, he for Spain and this for Denmark, if money could be had for their voyage.'1 From Berwick, on the 2nd of February 1587-8, Hunsdon announces to Walsingham that the King had sent Sir John Seton ' to comaund the Lord Huntley, uppon payne of treason, to make his present repaire to the King ; who denyed flatlie so to doe ! ' 2 Again, on the 10th of September 1588, Bowes informs Burghly that ' on Sonday last at the howse of the Lorde Ogleby, Sir John Seton haith maryed the doughter of the Lgrde Forbess, where many of the northern Lordes and their frendes are assembled.'3 The same event is thus referred to in a letter from Richard to Archibald Douglas, dated 16th September 1588 : 'There has been in a house of the Lord Ogilvie in Angus, at the marriage of Sir John Seton, a number of noblemen, as is thought, malcon- tented of the present state.' 4 Sir John Seton turns up in the following extracts from the public Registers : — At Falkland, 12th August 1586, Letter of Gift to Sir John Seytoun of Barnis, Knight, his heirs and assignees, of the ward and non-entry of the ;£io land of Peirstoun Barclay, with tour and mansion-place thereof, lying within the bailliary of Cunyngham and Sheriffdom of Ayr,5 etc. At Holyroodhouse, 3rd January 1586, Letter constituting Sir John Seytoun of Barnis, Knight, first Master of his Majesty's Household, and giving him the office thereof for his lifetime, with all the privileges and fees thereof, for his good services done to the King.6 At Falkland, 8th July 1587, Letter to Sir John Seytoun of Barnis, Knight, first Master of H.M.'s Household, constituting him Comptroller and Intromitter with all revenues and casualties of H.M.'s property, during his lifetime, with all the privileges thereof, and 500 merks ' for exercing of the said office.'7 Obligation by Sir John Seytoun of Barnis, Knight, to George Mak, writer, in name and behalf of the Right Honourable John Touris of Innerleith for ^1000 of borrowed money. Dated at Holyroodheuse, 25th October 1587.8 Obligation by John Hammyltoun, merchant burgess of Edinburgh, and two others, as cautioners and sureties for Robert, Earl of Orkney, to Sir John Seytoun of Barnis, Knight, sometime Comptroller to the King, for ^2000 owing by the said Earl for the feu mails of the lands of Orkney, for the year 1588. Dated at Edinburgh, 29th March 1589.9 Contract between Sir John Seytoun of Barnis, Knight, and William 1 Calendar of MSS. at Hatfield, part iii. 6 Privy Seal Register, lv. 2 (1889), p. 135. t ibid. lv. 98. * Calendar of Border Papers, edited by Joseph 8 Register of Deeds, Scott Office, xxxii. Bain, vol. i., 1560-94. 156. ! I£ii" j ' Ibid- xxxiii- J72. The same matter re- Calendar of MSS. at Hatfield, part iii. appears in a later entry in the same volume (1889), p. 360. (fol. 311), under date 3rd March 1589-90 ; and 5 Privy Seal Register, hv. 75. also in vol. xxxvii. fol. 36, 4th August 1590. HIS SPANISH HONOURS 623 Seytoun, his brother-german, sons of the deceased George, Lord Seytoun, professing and affirming themselves to have sufficient right, assignation, and disposition made to them of the pension after mentioned during the lifetime of the said Sir John and his two other brothers after named, and the said Sir John and William, with consent of Robert, now Lord Seytoun, and Alexander, Lord Urquhart, their brothers, and all the said four brothers with one mutual consent and assent, for any right or title which they, or any one of them, may have to the pension after mentioned, on the one part, and Hew Campbell of Trinzeane, whereby the said Sir John and William Seytoun have set, and in tack and assedation let, all and sundry the feu, mails, teind sheaves, both parsonage and vicarage, of the lands and lordship of Kylesmure and Barmure, part of the gift of pension by the King, and pertaining to the Abbey of Melrose— the said Hew Camp bell paying the sum of 900 merks yearly. Dated at Newmylnis 27th, and at Edinburgh 29th, December 1591, Thomas Seytoun of Northrig being a witness.1 At Holyroodhouse, 20th December 1588, Letter of Gift to Sir John Seytoun of Barnis, Knight, of the escheat of all goods, etc., which pertained to Mr. John Bartane, Dean of Dunkeld, through his being put to the horn, by virtue of letters raised at the instance of Alexander Robertson, reader at Cluny, for non-payment of ^20 for his assigned stipend.2 2 ist May 1596, In presence of the Lords of Council compeared Mr. Alexander King, procurator constitute for Dame Issobell Hammiltoun, Lady Seytoun, executrix testamentar to the deceased Sir John Seytoun of Barnis, Knight, her son, and gave in the copy of letter dated ist April 1596, whereby the said Dame Issobell was charged at the instance of Dame Marie Ruthvene, Countess of Athole, to have compeared before the Lords, at a certain day bypast, anent the said Letters, bearing that the said deceased Sir John Seytoun was donator to the escheat of the deceased Mr. John Bartane, Dean of Dunkeld, of the goods which belonged to him. Decreet is given in favour of the pursuer.3 Sir John Seton is thus described by Lord Kingston in his Continuation of Sir Richard Maitland's History of the House of Seytoun: 'This Sir John Seton was a brave young man ; he went to Spaine, to King Phillip the Second his court, by whom he was made Knight of the Royal Order of St. Jago, att that tyme the order of Knighthood in that kingdome of greatest esteem. In memory whereof, he and his heirs has a sword in their coat of armes, being the badge of that order.4 King Phillip also 1 Register of Deeds, Scott Office, xl. 177. 2 Privy Seal Register, Iviii. 102. See also lxi. 27, 10th August 1 590. 3 Acts and Decreets, clxiv. 55. 4 Nisbet gives a different explanation of the sword in the Barns escutcheon : ' The lineal descent of the Dunfermline family being now failed, George Seton of Barns is next heir-male to the fortune and honours, who carries or, a sword gules, supporting an imperial crown proper, betwixt three crescents within a double tressure counterflowered of the second, being lineally descended from Sir John Seton, im mediate younger brother to Robert, first Earl of Winton, and immediate elder brother to Sir Alexander Seton, first Earl of Dumfermling. Sir John was bred up in the Court of Spain, and by King Philip of Spain was honoured with 624 BARNS CASTLE preferred him to be gentleman of his chamber, and cavalier de la Boca (which is master household) : he also carried the golden key att his syde, in a blew ribbing : all which were the greatest honours King Phillip of Spaine could give to any of his subjects, except to be made a grandee of Spaine. He had a pension granted to him and his heirs of two thousand crowns yearly : when I, the wryter hereof, was att the King of Spaine his court, I was certainely informed of the truth of all this. ' The said Sir John, in the heights of his favour with King Phillip of Spaine, was commanded home by King James the Sixth, unwilling to want so gallant a subject out of his court and service. Att his return home, he preferred him to be thesaurer of his house ; was in great favour with his Majestic It was not doubted, if he had lived some time after the King's coming to the crown of England, he would have highly advanced him in honour and fortune; but he dyed before King James went from Scotland. He made ane great building att the Barnes Voult height, before his death, intending that building bound a court.' 1 The annexed illustration exhibits the present appearance of Barns Castle, and indicates a structure of considerable dimensions. ' This remark able ruin is situated on the eastern slope of the Garleton Hills, about midway between Longniddry and Haddington, and commands most extensive outlooks on all sides. . . . The plan combines the formally balanced and symmetrically arranged plan of a somewhat later time, with the stern fortified character of more ancient edifices. . . . Barnes Castle comprises an oblong space 163 feet by 126 feet, with square projecting towers on all sides. Measuring over the towers, the longest front extends to 191 feet 4 inches by 148 feet in the other direction. . . . An extensive courtyard, surrounded with high walls, completes the quadrangle. The buildings as they now exist are one story high, and in the main block and three towers they are all vaulted. From this circumstance the place is locally known as the "Vaults." The height of the vaults is about 10 feet. ... The remark' in the House of Seytoun ' that the building was intended for a Court is quite descriptive of a certain stateliness of arrangement, apparent even in its present ruinous condition. The place has the appearance of never having been com pleted.'2 On the 5th of March 159 1-2 there is a confirmation by the King of a charter by ' William Seytoun, brother-german of Robert, Lord Seytoun, to John Seytoun of Barns, Knight, of the half of the lands of Quhytepark and the knighthood of the Order of Calatrava, and after he came home was, by King James VI., made one of the gentlemen of his Majesty's bedchamber, and got for his appanage, from his father George, Lord Seton, the lands of Barns, for which the family of Barns has been in use to carry the sword supporting an imperial crown, as an additional figure in the arms of Seton, because, as Sir George Mackenzie observes, in his Science of Herauldry, the lands of Barns were given by King Robert the Bruce to Sir Alexander Seton of Seton, with that badge of honour, as in the charter.' — Essay on Armories, p. 131. 1 Lord Kingston's Continuation of the History of the House of Seytoun, p. 61. 2 The Castellated and Domestic Architecture of Scotland, ii. 333-6. Messrs. Macgibbon and Ross give a detailed account, as well as a ground plan and small view, of the interesting structure. a I § SIR JOHN SETON, SECOND OF BARNS 625 others, in the lordship of Galloway, below Cree, and of Aultoun and others above Cree, with manors, castles, etc' x In the Edinburgh Register (vol. xlv.) we find an entry relative to the testament-dative and inventory of the goods pertaining to umquhile Sir John Seytoun of Barnis, Knycht, one of the Senators of the College of Justice, who died in May 1594, given up by John Seton, now of Barnis, his eldest lawful son, and executor-dative surrogate to him. Sum of Inventory .... Debts owing to him .... Summa of Inventory with debts Debts due by him .... Free gear ..... To be divided in three parts — His part is Quota. ..... Confirmed 30th June 1607 — Sir William Seytoun of Kylismure, Knight, being cautioner. jmjcxxxjUb xiij8 4d jijjm lib vmjcxxxjlib 13s 4d jmlijlib iiijmlxxixub 13s 4* jmiij°lixlib 17s 8d xx merks. By his wife, Anne, youngest daughter of William, seventh Lord Forbes, Sir John Seton had (besides a daughter) two sons : — 1. Sir John, his successor. 2. , who died young. Sir John Seton died ' in the strength of his age,' in May 1594, when he was succeeded by his only surviving son, 2. Sir John Seton of Barns, ' ane gallant man ; likeways gentleman of the privy chamber to King Charles the First. He did acquire, from Sir Robert Gordon of Lochinvar, land in Irland worth five hundreth pound sterling a year. The said Sir John was imprisoned and fyned in a considerable soume of money, by the then rebells in Scotland, for being with the Marques of Montross, King Charles the First his generall, by ane ample commission, against the Scots rebells, in the year 1646.' 2 According to Douglas 3 he was served heir to his father, 3rd October 1615. The second Sir John Seton of Barns was thrice married : — First, to Isabella, daughter of Ogilvy of Powrie, by whom he had one son and three daughters : — 1 Great Seal Register, xxxviii. No. 7. 2 Lord Kingston's Continuation, p. 62. Peerage of Scotland, ii. 645. 4K 626 HIS THREE MARRIAGES i Alexander, who married a daughter of 'ane noble Irish family of Ophual' (O'Farral), but died without suc cession. 2. Isabel, married to the Laird of Barfoord. 3. Margaret, married to the Tutor of Duffus, in Moray. 4. Lilias, married to Sir James Ramsay of Benhame (Benholm), Kin cardineshire. Sir John Seton's first wife appears in a caption in November 161 7 against the Laird of Cowdenknowes as ' Dame Isobell Ogilbie, Lady Kintale, with consent of her husband, Sir Johnne Seatoun, Knight.'1 About the same date certain tenants of Sir John Seton's lands of Incharoth, in Moray, along with the Laird their master, lodge a complaint against certain specified persons for a violent attack — coming 'by way of hamesucken disagwysit in weymenis clothes undir cloud and silence of nicht.'2 Sir John Seton's second wife, by whom he had no issue, was Lady Anne Fleming, ' Dowager of Kilsyth,' 3 and second daugh ter of John, sixth Lord Fleming, whose death is thus recorded in Boyd of Trochrigs Obituary, ms. in the library of the University of Glasgow : ' At the same time [July 1625], dyed at Edinburgh the Lady Kilsyth, younger ; since her hus band's death, married to Sir John Seton of Barnes : a virtuous lady, fearing God ; the worthy daughter of her excellent mother, the Lady Fleming.' Her ' Latter Will' was confirmed 17th June 1626.'4 By his third wife, , the only daughter of Sir John Home of North Berwick, Sir John Seton had two sons and one daughter : — 5. George, who succeeded his father. 6. Charles, who died young, soon after his father. 1 Register of the Privy Council of Scotland, edited by Professor Masson, xi. 232. 2 Ibid. 265, 566 ; and xii. 6. ? Lady Anne Fleming's first husband was Sir William Livingstone of Darnchester, eldest son of Sir William Livingstone of Kilsyth, who died without male issue, and whose younger brother James became first Viscount of Kilsyth. See Douglas's Peerage of Scotland, ii. 38 and 635. 4 Edinburgh Testaments, vol. liii. CHARLES SETON'S TESTAMENT 627 This appears from the testament testamentary and inventory of the goods, etc., that pertained to the deceased 'Charles Seattoune, son to the late Sir John Seattoune of Barnes, Knight, who died in the month of imvi° three rvj score, etc., years,' given up by himself on the 4th May 1660 as to nomination of his executrix, etc., and given up partly by Jane Seattoune, spouse to John Hay of Aberlady, whom he nominates his only executrix. Amount of debt owing to the de ceased, £6666, 13s. 4d., which sum was owing to him by ' George Seattoune, now of Barnes.' The testator nominates the foresaid Jeane Seattoune, spouse to John Hay, his only heir, executrix, and uni versal legator of his goods, gear, etc., to dispone at her pleasure to any two of her children 'gotten betwixt the said John of Aberlady and the said Jeanne Seattoune, sister of the testator, whatever fell to him by portion from his deceased father, Sir John Seattoune of Barnes, or may fall.' The 'abulzie- ments of his bodie ' he leaves to her in like manner. Confirmed 28th June 1 66 1, William Hay, merchant burgess of Edinburgh, being cautioner.1 7. Jean, married to John Hay of Aberlady. Among the Edinburgh Protocols (vol. v. fol. 6 and 70) we find the two following references to the first and second wives of Sir John Seton : — (1) Sasine on charter by the Magistrates of Edinburgh, in favour of Sir John Seyton of Barnis, Knight, and the heirs procreate between him and the late Lady Isobel Ogilvie, Lady Kyntaill, his spouse, of the lands of St. Laurence House, beside the burgh of Haddington, extending to about 80 acres of arable land. Dated at Edinburgh 27th November 16 1 7, and sasine on 6th June 1618. (2) Resignation by the said Sir John Seyton of Barnis, Knight, in favour of himself and Lady Anne Fleyming, his spouse, and the heirs-male procreate or to be procreate of their bodies, whom failing, the heirs-male of the said Sir John whomsoever, of the foresaid lands of St. Laurence House, near Haddington, in implement of contract of marriage between the said Sir John Seyton on the one part, and the said Lady Anne Fleyming, relict of Sir William Levingston of Darnchester, Knight, with consent of Mr. Robert Scott, one of the ministers of Glasgow, on the other part. Of date at Glasgow 18th September 1618. Mr. Alexander Guthrie, younger, Clerk of Edinburgh, witness. Commissariot of Edinburgh Testaments kept at Haddington, vol. lxx. 628 SUBSEQUENT LAIRDS OF BARNS 3. George Seton of Barns, eldest surviving son of Sir John Seton, succeeded his father. The name of his wife I have failed to ascertain, and otherwise very little appears to be known respecting him. He probably died young, and was succeeded by his son, 4. Sir John Seton of Barns, who died in March 1659, and from whose testament it transpires that the name of his wife was Margaret Hay, whom he nominates as his only executrix. The will is subscribed at Edinburgh on the 1 8th of February 1659, and therein he ordains ' that my bodie, in caice of my deceis in Edinburgh, my corpes (sic) to be transported from thence to Seattoune, and there to continew for ane competent tyme, quhill with conveniencie they may be interred in the place of my father's buriell, with decensie, bot without pomp or great schow thairat.' The will was confirmed 20th February 1662, the 'cautioner' being George Hay of Kinninmonth.1 Sir John Seton's son, 5. Sir (?) George Seton of Barns, appears to have been served heir to his grandfather, George Seton of Barns, in 1704, and in 1707 he had a disposition of the lordship and barony of Fyvie from Lady Jean, Countess of Dunfermline, so far as she had right. Four years afterwards we find a registered minute of agree ment between Sir George Suttie of Balgone and George Seton of Barns, reciting that Sir George had acquired from Alexander, Earl (sic) of Huntly, a right to an advocation at the Countess of Dunfermline's instance for ^6000, with a statement relative to the subsequent procedure.2 He has been already mentioned, under the notice of the fifth Earl of Winton, as having assumed the title of Earl of Dunfermline, under which he proclaimed the 'Pretender 'at Kelso on the 24th of October 1715, and as having surrendered at Preston, about three weeks later, along with seventy- four noblemen and gentlemen.3 The same year he sold the lands of Barns to the celebrated Colonel 1 Edinburgh Testaments, vol. lxx. 2 Richmond and Gordon Writs. The same parties occur in various subsequent documents. 3 See pages 256-7 supra. JAMES SETON OF ST. VINCENT 629 Charteris. In a bond dated 29th June 1727 he is described as 'George Seton, late of Barns, alias Lord Dum- fermling' ; and in 1732 he appears to have resided in Haddington. By his wife, Anne, daughter of Sir George Suttie of Balgone, he had one son and one daughter : — 1. James, of whom afterwards. 2. Anne, who married John Don of the city of Edinburgh, by whom she had (besides a daughter, who married Anderson) two sons : — (1) Sir George Don, Governor of Gibraltar, and afterwards of Scarborough Castle, buried in Seton Church. (2) Captain Don. 6. James Seton, Governor of St. Vincent, son of Sir George Seton of Barns, was Governor of the island of St. Vincent, West Indies. In 1773 he presented a petition to King George in. claiming the Earldom of Dunfermline, a copy of which, and of the subsequent proceedings, will be found in the Appendix. In the year 1768 we find a disposi tion and assignment by ' Colonel James Seton, Esqre, only lawful son and heir of the deceest George Seton of Barns ' in favour of Alexander, Duke of Gordon, and the Hon. Colonel William Gordon of Fyvie, eldest son of William, Earl of Aber deen, by his last marriage with Lady Anne Gordon, his spouse.1 By his wife Susan, daughter of James Moray of Abercairney, in the county of Perth, by Lady Christian, daughter of Alexander, ninth Earl of Eglinton,2 he had two sons and two daughters : — 1. James, of whom afterwards. 2. George, who died unmarried. 3. Susan, died young. 4. Charlotte, married, first, to Colonel Leith ; secondly to Captain Evans, and died without issue. 1 Richmond and Gordon Writs. 2 At Burgate House, Hampshire, there is a mezzotint engraving by Faber, after Davison, of Lady Christian Moray. 63o JAMES SETON OF BROOKHEATH An interesting letter, dated 17th April 1779. from Mrs- Seton (Su^n Moray) to her eldest son, James, will be found in the Appendix. 1 he Governor of St. Vincent died in Harley Street, London, at an advanced age. 7. James Seton of Brookheath, eldest son of the Governor of St. Vincent, a Lieutenant-Colonel in the Army, married Margaret, only daughter of the Rev. John Findlater of the same island (afterwards Mrs. Waller), by whom he had two sons and four daughters : — 1. James, born 28th June 1799, and died 20th April 1809. 2. James- Alexander, born 5th Octo ber 1816, and died 2nd June 1845, having married, 3rd May 1838, Annie, sister of the Rev. J. B. Wakefield (afterwards Mrs. Righy), by whom he had a daughter, Marion, married to Captain Brown. 3. Susan, born 23rd July 1803, and died, unmarried, 19th March 1829. 4. Marion- Frances, born 30th May 1808, and died, unmarried, 15th Novem ber 1821. 5. Eglinton, born 17th November 181 2, and died in 1865, having married, 15th July 1834, the Rev. J. B. Wakefield, by whom she had issue.1 6. Catherine, born 23rd May 1818, married, 21st June 1842, the Rev. John Coventry of Burgate House, Hants, formerly Rector of Tyward- reath, co. Cornwall, and great-grandson of George-William, sixth Earl of Coventry, by whom she has five sons and six daughters : — (1) John, born 19th February 1845, married, 1876, Emily-Mary, daughter of Joseph Weld, Esq., of Lymington, Hants, by whom he has two sons and five daughters. (2) James-Seton, born 26th February 1849. (3) Walter- Bulkeley, born 1850. (4) Alexander-Murray, born 7th July 1853. (5) Bernard, born 1859, married, 16th February 1892, Ella-Gordon, daughter of Edward Dalgleish, Esq. (1) Margaret- Elizabeth, died 30th October 1894. (2) Florence-Catherine. (3) Marion ('Sister Mary-Paul'), St. Catherine's Convent, Edin burgh. 1 Some clever lines on the surname of Seton, written for Miss Eglinton Seton by her gover ness, Miss Evans, will be found in the Appendix of Miscellanies. HIS USEFUL SERVICES 631 (4) Isabella- Anne. (0 Barbara (' Sister Joachim '), St. Catherine's Convent, Edinburgh. (6) Gertrude-Mary-Philomena. The armorial bearings of Lieutenant-Colonel James Seton, who died in 183 1, were recorded in the Lyon Register, in 1806, as follows : — Quarterly: ist and 4th, or, a sword in pale proper, hiked and pommelled of the first, supporting an imperial crown between three crescents, gules, all within a royal tressure of the last ; 2nd and 3rd, argent, on a fess gules, three cinquefoils of the first. Supporters — two horses argent, maned and tailed, or. Crest — a crescent gules. On a scroll above the crest, the Motto — ' Set on,' and below the shield, ' Virtus durat avorum.' A small silver salver (one of a service of plate presented to Colonel Seton), now in the possession of his daughter, Mrs. Coventry, bears the following inscription between two oval shields, respectively charged with the arms of Seton and St. Vincent : ' From the Inhabitants of the Island of St. Vincent to James Seton, Junior, Esquire, Lieutenant-Colonel Comman dant of the Colony Rangers — a token of gratitude for his having accepted the command of them, for his judicious conduct and gallantry in expedi tiously training them and leading them to Glory, by which exertions the Colony was saved to the Crown of Great Britain, in the year 1795, from the united efforts of the French and Charraibs.' In connection with the attack of the Island of Grenada by a French force in March 1795, the following proclamation was recommended by the Privy Council of St. Vincent : — ' By His Excellency James Seton, Esquire, Captain- General and Governor-in-chief in and over His Majesty's islands of St. Vincent, Bequia, and such other the islands commonly called the Grenadines, as lie to the northward of Carriacou in America, Chancellor Ordinary and Vice- Admiral of the same, etc. etc. etc. ' Whereas I have thought it expedient, by and with the advice of His Majesty's Privy Council, to order, and it is hereby ordered, that all the French inhabitants within this government do remain at home during the continuance of the present alarm. Their conduct and behaviour will be watchfully observed, and in case of any appearance of disaffection on the part of any individual amongst them, they will be subjected to the utmost rigour of Martial Law.' Certified by J. Bernard, Clerk of the Council. 'St. Vincent, a true copy from the Minutes of H.M.'s Privy Council, 9th February 1796.' The Royal St. Vincent Gazette of May 12, 1798, in the possession of Mrs. Coventry, contains an address to ' James Seton, Esquire,' dated ' St. Vincent, May 7/98,' signed by sixty-six persons, including Andrew Ross, Alexander Cumming, John Murray, Charles Grant, George Maitland, W. Hepburn, Robert Gordon, D. Macdowall, W. M'Kenzie, Robert Douglas, Donald Fraser, and Farq. Campbell, in which reference is made to the' per sonal exertions and the dangers encountered by you during the late insur rection.' 'We cannot forbear to mention, because it is always in our 632 FAMILY PORTRAITS AT BURGATE recollection, the events of the morning of 8th May 1795, when the enemy possessed themselves of Dorsetshire Hill. The fate of this island then depended on the operations of a few hours. . . . Happily the required qualifications were possessed by you ; and the force . . . placed under your command . . . braved all danger, and, surmounting all difficulties, was m the event crowned with success. ... To perpetuate the remembrance of our gratitude for your services, we have appointed Colonel Fairbairn of the Rangers, and Major Fraser, late of your corps, to present this letter to you, and to request your acceptance of a sword and piece of plate (to the value of three hundred guineas) with a suitable inscription.' From a printed catalogue in the possession of Mrs. Coventry, it appears that, on the 23rd of October 1849, pursuant to an order of the High Court of Chancery, 1000 ounces of plate, etc. (fifty-seven lots), and fourteen portraits belonging to Colonel James Seton, were sold by Messrs. Davis and Vigers, at the auction mart opposite the Bank of England. The following is a list of the Portraits, of which those indicated by an asterisk are at Burgate House. *i. Alexander, first Earl of Dunfermline (on panel). *2. Lady Grissel Leslie, daughter of James, Master of Rothes, and second wife of No. 1 (on panel). 3. George, third Earl of Winton. 4. Charles, second Earl of Dunfermline. 5. Lady Elizabeth Seton, Countess Marischal, daughter of No. 3 (now in the possession of the Wakefield family). 6. Lady Mary Seton, Countess of Carnwath, another daughter of the same. *7. Governor Seton, three-quarter length, painted by R. Cosway, R. A., in 1798. *8. Governor Seton, half-length. 9. A Lady, in the costume of a Nun. 10. George in., full-length. 11. Queen Charlotte. 12. A Gentleman, unknown. 13. Colonel James Seton of Brookheath (in the possession of Mrs. Righy. *I4. Margaret Findlater, his wife, afterwards Mrs. Waller (on panel), by Cosway. Mrs. Coventry also possesses a small enamelled (gold and white) locket, in the form of an urn, inscribed : — ' Martha Seton morte le 6 Decembre : 1750. V :S.,' and two copper book-plates, of which the larger one bears the full arms, crest, and supporters of Dunfermline ; in the centre of the ist and 4th quarters, a sword supporting a crown ; as motto, above the crest, ' Set on ' ; and under the shield ' Virtus durat avorum,' with ' James Seton ' below. The smaller of the two plates bears Seton only, with sword supporting a crown in the centre. Crest — an arm embowed in armour, grasping a small ARMORIAL BEARINGS 633 sword supporting a crown. Motto — ' Hazard zet Forward.' Suspended from the shield is a floriated cross beneath a blazing star. Armorial Bearings. Or, a sword gules, supporting an imperial crown proper, betwixt three crescents within a royal tressure of the second.1 Crest and Motto — see page 631 supra. On the death of James, fourth Earl of Dunfermline, in 1694 (see page 668 infra), the representation of the family appears to have devolved upon John Seton of Barns, great-grandson of Sir John Seton, first of Barns, the immediate elder brother of Chancellor Seton. John's son, George Seton of Barns, who in 1704 was served heir of his grandfather (also George Seton of Barns), sold the lands of Barns, as already stated, in 17 1 5. In a bond dated 29th June 1727 he is described as 'George Seton, late of Barns, alias Lord Dunfermling ' ; and in 1732 he appears to have resided in Haddington. His son was Colonel James Seton, Governor of St. Vincent, who was father of Lieutenant-Colonel James Seton, by whom the Earldom of Dunfermline was claimed under the pro visions of the regrant of that title in 161 1, which extended the succession to 'heirs-male whatsoever,' of the original grantee. It would appear, however, that there are no existing heirs-male of Lieutenant-Colonel James Seton, who died in June 183 1. 1 The blazon given in Joseph Stacey's MS. in croune on the poynt thereof betwixt three the Lyon Office is : 'or ane sword palewayes crescents within a double tressure counter- azure, hilted and pommelled argent, and a flowered gules.' 4L 634 DUNFERMLINE BRANCH XVIII. Dunfermline S I have already given a pretty full account of this distinguished branch of the family in my Memoir of Chancellor Seton, published in 1882, I shall make my narrative somewhat shorter than it would otherwise have been, besides introducing a good deal of matter not embraced in the Biography. 1. Alexander, first Earl of Dunfermline, born about 1555, was the fourth son of George, seventh Lord Seton, and one of the younger brothers of Robert, first Earl of Winton. He was originally destined for the Church ; and ' finding him of a great spirit,' his father sent him to Rome, at an early age, where he studied for some time in the Jesuits' College. ' He declaimed, not being sixteen years of age, ane learned oration of his own composing, De Ascensione Domini, on that festivall day, publickly before the Pope, Gregory xin., the cardinall, and other prelats present, in the Pope's chapel in the Vatican, with great applause. He was in great esteem att Rome for his learning, being a great humanist in prose and poecie, Greek and Latine ; well versed in the mathematicks, and had great skill in archi tecture and herauldrie.'1 It is supposed that he was diverted from his 1 Lord Kingston's Continuation oi the History of the House of Seytoun, p. 63. Lord Kingston adds that if Seton had remained at Rome he would have been a Cardinal. ALEXANDER SETON 635 original purpose by the establishment of the Reformed religion, and that he therefore betook himself to the study of the civil and canon law, to which he diligently applied himself. On the 17th of April 1 561 we find a letter ratifying the gift of certain pensions to the sons of George, seventh Lord Seton, extending in all to ^1060 yearly, of which Alexander's share amounted to ^260, 'to be taken furth of the readiest of the maills and duties of the Abbacy of Melrose, as is more fully contained in a previous gift by the Queen Regent.' 1 About four years later (17th September 1565) there is another letter of gift, for good services rendered by George, (seventh) Lord Seton, to Alexander Seytoun, son to the said George, of the Priory of Pluscardine, a cell of the Abbey of Dunfermline, lying in the diocese of Moray.2 After a residence of several years in France, Alexander Seton returned to Scotland, and was taken by James vi. under his immediate favour. He ' made his public lesson of the law before the King, the Senators of the Colledge of Justice, and advocats present, in the chapell royall of Holy- roodhouse, in his lawer goun and four-nooked cape, as lawers use to pass their tryalls in the universities abroad, to the great applause of the King and all present, after which he was received by the Colledge of Justice as ane lawer.'3 He was probably called to the Bar about the year 1577, when he was twenty-two years of age. On the 6th of February 1576-7 we come across a curious entry in the Great Seal Register, in the shape of a grant, during life, by the King to James Douglas, illegitimate son of James, Earl of Morton, Regent of Scotland, of the Priory of Pluscardine, with its dignities and patrimony, which belonged to ' Alexander Seytoun, alleged Prior of Pluscardyn, son of George Lord Seytoun'; and the Lords of the Council, on the 16th of January of the same year, at the instance of Mr. David Borthwick, the King's Advocate, ' decerned the said Alexander to have lost all his benefices, because he had not as yet submitted to the discipline of the true church, and participated of the sacraments thereof, nor had he come to the bishop, superintendent, or commissary of the diocese or province for adhibiting his assent : nor had he subscribed the articles of the true and Christian religion, contained in the Acts of Parliament, and given his oath for acknowledging the King, nor had brought a testimonial thereupon ; neither had he presented himself on a Lord's day in time of sermon or public prayer in the church of the said Priory, and read his said testimonial and confession, and of new taken the said oath according to the order of the Act of Parlia ment.'* About four years later (3rd July 1581) there is a decreet of reduction at the instance of Alexander Seton, against the aforesaid James Douglas, and Crichton, the King's Advocate, restoring the said Alexander to the Priory of Pluscardine, and reducing Douglas's pretended right 1 Register of Privy Seal, xxx. 40. 3 Kingston's Continuation, p. 65. 2 Ibid, xxxiii. 98. 4 Vol. xxxiv. No. 451. 636 LORD URQUHART thereto; and on the 26th April 1586 we find a signed agreement between Seton and Douglas.1 Towards the end of 1582 (28th October) there is a confirmation by the King of a charter by Alexander Seytoun as 'Prior of Pluscardine,' to James Geddie, and Janet Davidson, his spouse, of ten acres of the lands of Urquhart, in the county of Elgin — James Seytoun, ' lawful brother of the Laird of Lathrisk, appear ing as a witness.' 2 In 1583 the young lawyer accom panied his father in an embassy to King Henry 111. of France ; and two years after wards (27th January 1585-6) he was admitted as an Extraordinary Lord of Session by the style of 'Prior of Plus cardine' In 1587 the lands of Urquhart and Pluscardine were erected into a barony and granted to Alexander Seton 3 ; and in the beginning of the following year he was promoted to the position of an Ordinary Lord of Session, under the title of 'Lord Urquhart.' At the same period (25th April 1587) we come across a confirmation by the King of a charter granted by his councillor, Alexander Seton, Commendator of Pluscardine, to his brother, Sir John Seton of Barns, Knight (sive equiti aurato), of the salmon-fishings of one boat upon the water of Inverspey, in the regality of Urquhart and shire of Elgin.4 From the record of Seton's admission as a Lord of Session it would appear that the suspicion of his still being a Roman Catholic excited the jealousy of the Court, and special provision was made for his communicat ing at the sacrament of the Lord's Supper, ' with the rest of the brethren of the Sessioun, at the prefixt time, appointed be the ministers of Edin burgh.' In the course of the year 1588-9 he appears to have been absent from the Court in consequence of his having ' gottin ane fall of ane horse, and thairthrow wes ewill hurte.'5 It has been generally supposed that his elevation to the peerage did not take place till 1597, when he was created Baron Fy vie ; but there seems to be good ground for holding that ' Urquhart ' was something more than a judicial title. Crawfurd, in his Peerage of Scotland, expressly states that he was ' advanced to the dignity of a Lord of this realm ' on the 3rd of August 1 591 ; and this view appears to be confirmed by a document in the Record Office (vol. xlviii., No. 62) relative to the nobility of Scotland 1 Richmond and Gordon Writs. 2 Register of Great Seal, xxxv. 918. 3 See also Privy Seal Register, lxiii. 146, 28th January 1591. 4 Great Seal Register, xxxvi. 359. 6 Fraser's Memorials of the Earls of Hadding ton, i. 79-80. PRESIDENT OF COURT OF SESSION 637 in 1592, in which he is entered as 'Lord Urquhart' under 'Lords or Barons, created of lands appertaining to Busshopricks and Abacies.' Five years after his appointment as an ordinary judge (22nd May1 1593), Lord Urquhart was elected to the President's chair, at the com paratively early age of thirty-eight. The relative minute concludes with an undertaking upon his part to 'trewlie minister justice to all our soverane lordis leiges,' which we shall afterwards see was duly ful filled. After Seton's advancement to the office of Lord President, he con tinues to be entered in the sederunt as ' Urquhart,' but always first in order, except when the Chancellor happens to be present. His last appearance under that title is in the sederunt of 8th December 1597, after which he is entered as ' Fyvie Preses': while his last appearance as President is 10th March 1604. On the 5th of March 1605 — four days after the admission of Lord Balmerino, his successor in the office of President — he appears first in the sederunt as ' Alexander Erie of Dunfermling, Lord Fyvie and Urquhart, Cancellarius.'2 The death of Chancellor Maitland towards the end of the year 1595 was followed by a period of considerable excitement ; and the embarrass ment of the national finances induced the King to dismiss the various officials by whom they were controlled, and to commit the management of his revenues to the Queen's favourite councillors. These were President Seton and three of his colleagues on the bench, viz. : — John Lindsay, ' Parson of Menmuir ' ; James Elphinstone, afterwards Lord Balmerino ; and Thomas Hamilton, afterwards Earl of Haddington,3 of whom the two last ultimately occupied the President's chair. Owing to the laborious nature of their duties, it was found necessary to associate four others with them, in the persons of Walter Stewart, Prior of Blantyre, Sir John Skene, Lord Clerk Register, Sir David Carnegie of Colluthie, and Peter Young, Master Almoner. They held daily meetings in the Tolbooth, acting without salary, and in allusion to their number were called the Octavians. Vested with almost unlimited powers, by their vigorous and judicious arrangements they soon gave promise of a thorough reform in all financial abuses ; and ' there was now exhibited, for the first time in Scotland, a ministry selected upon principles approaching to those which dictate the construction of a British Cabinet in modern times.'4 The commission to the Octavians by King James vi. is dated at Holy- roodhouse 19th January 1595, and the relative oath is subscribed by the Lord President, 'Seatoun Urqrt.'5 1 His election appears to have been on the Fyvie, when President of the Court of Session. 22nd, and his admission on the 28th, of May. — Fraser's Memorials of the Earls of Hadding- 2 Books of Sederunt. ton, i. 16. 3 John Hamilton, a secular priest of the 4 Life 0fKi„gjames, i. 217. Church of Rome, second son of Thomas Hamil ton of Priestfield and grandfather of the first 6 Copies of 'Documents relating to the Earl of Haddington, is said to have taken refuge Revenues of Scotland, xvi. xvii. Cent. —British in the house in the Cowgate occupied by Lord Museum, 24,275, ff. 1-5. 638 BAILERY OF DUNFERMLINE About this period we encounter numerous entries in the public records relative to President Seton. Thus, on the 27th June and 2nd July 1592, he obtains two royal letters of gift of the escheat of Mr. James Dundas, 'chantour of Murray,' and of William Dunbar of Hempriggs, in consequence of their having been put to the horn for failure to make certain payments.'1 Two years later (ist June 1594) James vi. grants a charter to Lord Urquhart and his heirs-male of the lands and barony of Easter and Wester Barns, in the Constabulary of Haddington and shire of Edinburgh, which had come into the King's hands owing to their alienation by the late George, Lord Seton, without the royal licence.2 On the 2nd of September 1595 we find a confirmation by the King of a charter by President Seton, whereby, with consent of ' Lady Lilias Drummond, his spouse,' he sold to Kenneth Mackenzie of Kintail, for the sum of ,£40,000, the manor of Pluscardine, etc., reserving the privilege of holding courts upon the hill at the Mill of Elgin, called the Courthill of Pluscardine.3 He also retained the lordship of Urquhart and the mansion- house in Elgin, where he appears to have frequently resided. That mansion probably received the name of 'Dunfermline House' from the circumstance of the Priories of Urquhart and Pluscardine being dependent upon the great Fifeshire Abbey.4 It seems to be pretty clearly established that Alexander Seton held the office of Provost of Elgin about the year 1 59 1, and also in or about 1606.5 On the 1 5th of February 1 596 he obtained a charter from Queen Anne, as ' Lady of Dunfermline,' of the office of heritable bailie and justiciary of the regality of Dunfermline ; and fifteen years afterwards (3rd April 161 1) he received another charter from the Queen, embracing, among other subjects, the heritable offices of bailery and justiciary of the lord ship and regality of Dunfermline, ¦ on both sides of the river and water of Forth.' Besides the office of bailie of the regality there was also that of Constable, or Keeper of the Palace, which was first conferred on Seton, when Lord Urquhart, in 1596, and confirmed to him and his heirs for ever by Act of Parliament in 1606, after he had become Earl of Dunfermline, In the summer of 1596 the King grants to ' Lady Isabella Hamiltoun, 1 Privy Seal Register, lxiv. 41, and lxix. 49. 2 Great Seal Register, xl. 19. 3 Ibid. xli. 53. 4 A detailed account of the edifice will be found in Chalmers's History of Dunfermline, ii. 404 and 432. A shield of arms, surmounted by a coronet and accompanied by the date ' 1688,' and the initials ' I. E. D.' and ' I. C. D.,' was formerly over a door in the north court of the building, the initials being those of the Chancellor's grandson, James, fourth and last Earl of Dunfermline, and his Countess, Jean, sister of George, first Duke of Gordon. Another old stone at Elgin bears three curiously shaped escutcheons charged with the arms of Seton, Dunbar, and Falconer. The first exhibits Seton and Buchan quarterly, between the letters 'A. S.' (the initials of Chancellor Seton), and surmounted by the words : ' iesvs renve a right spirit within O GOD.' 0 Young's Annals of Elgin. CREATED LORD FYVIE 639 Lady Setoun,' in liferent, and to Alexander, Lord Urquhart, President of the College of Justice, and Lady Lilias Drummond his spouse, in conjunct fee, and to the heirs-male of their marriage, whom failing, to the heirs-male and assignees of the said Alexander, the lands and barony of Fyvie, alias Foirmartene, with fortalice, manor-place, wood, parks, etc., in the parish of Fyvie and shire of Aberdeen ; and on account of the eminent services rendered by the said Lord Urquhart for many years past in the Privy Council, Session, and Exchequer, and in other public affairs, as well within as without the kingdom, the King of new grants the said lands to him and his aforesaids, erecting the same into the free barony of Foirmartene, of which seizin is to be taken at the Castle of Fyvie, rendering therefor yearly one penny of silver in name of free blench.1 Again, on the 4th of March 1597-8, narrating the preceding grant, the King, calling to mind the honourable service of the said Alexander, and the many good qualities wherewith he is endued, respecting also his descent from the ancient House of Lord Seton, and weighing what a number of the Lords of Parliament had decreed, erects the aforesaid barony into a free lordship of Parliament, giving to the said Alexander and his heirs-male (as in the former charter) the title and honour of a Lord of Parliament, vote and suffrage in Parliaments, etc., and providing that he should be 'decorated with an addition of insignia and arms to the proper arms of his House, for the memory of the said Lordship ' ; and that the said Alexander and his heirs should be called Lords Fyvie.2 During the year 1596 there were several squabbles between the Octavians and the Commissioners of the Kirk relative to the high-handed conduct of David Black, one of the ministers of St. Andrews, and the position of the Earl of Huntly. The bitter animosity entertained in certain quarters towards Seton and some of his colleagues is indicated by Calder- wood in his account of a missive sent to the King in January 1597 by John Rutherford, minister of Kilconquhar — 'a brawler and boster, to the grit sclander of his professioun ' — in which the writer describes the ' Romanist President' as 'a shaveling and a priest, more meet to say masse in Salamanca nor to beare office in Christian and Reformed Common- wealls.' Little more than a year after the arrival of the Kilconquhar fulmina- tion, Seton gave a spirited proof of his independence as a judge by vindicat ing the rights of Mr. Robert Bruce, a celebrated minister of the Kirk, in opposition to the wishes of his royal master. Having been deprived of his stipend by the King, Bruce sued the Crown in the Court of Session, and obtained a decision in his favour. The disappointed monarch appealed to the Court in person, pleaded his own cause, and commanded the senators to pronounce judgment against Bruce. The scene is graphically described by Tytler in his History of Scotland? ' The President Seton,' he says, 1 Great Seal Register, xli. 93. 2 Ibid. 250. 3 Vol. ix. p. 290. 640 SETON'S INDEPENDENT CHARACTER ' then rose : " My liege," said he, " it is my part to speak first in this Court, of which your Highness has made me head. You are our King ; we your subjects, bound and ready to obey you from the heart, and", with all devo tion, to serve you with our lives and substance ; but this is a matter of law, in which we are sworn to do justice according to our conscience and the Statutes of the realm. Your Majesty may, indeed, command us to the contrary ; in which case I and every honest man on this bench will either vote according to conscience, or resign and not vote at all." Another of the judges, Lord Newbattle, then rose and observed "that it had been spoken in the city, to his Majesty's great slander, and theirs, who were his judges, that they dared not do justice to all classes, but were compelled to vote as the King commanded — a foul imputation, to which the lie that day should be given ; for they would now deliver a unanimous opinion against the Crown." For this brave and dignified conduct James was unprepared, and he proceeded to reason long and earnestly with the recusants ; but persuasions, arguments, taunts, and threats were unavailing. The judges, with only two dissentient votes, pronounced their decision in favour of Mr. Robert Bruce ; and the mortified monarch flung out of Court, as a letter of the day informs us, muttering revenge and raging marvellously.'1 As the historian justly observes : ' When the subservient temper of the times is considered, and we remember that Seton, the President, was a Roman Catholic, whilst Bruce, in whose favour he and his brethren decided, was a chief leader of the Presbyterian ministers, it would be unjust to withhold our admiration from a judge and a Court which had the courage thus fearlessly to assert the supremacy of the law.' A curious little volume by Robert Pont,2 an aged pastor of the Kirk of Scotland, entitled A Newe Treatise of the right reckoning of Yeares and Ages of the World, and published at Edinburgh in 1 599, contains a highly laudatory dedication to President Seton, as one of the ' rare Maecenases of this land.' The allusion to Seton's familiarity with the manners of Rome, and the learned author's pointed statement as to his disapproval of her 'pompose superstition,' may be regarded as at least a qualification of the allegations of other more prejudiced writers respecting the President's Popish tendencies. In the course of the following summer (1600) President Seton fur nished a second illustration of his independent character. The thoughts of the Scottish monarch had for some time been engrossed by the idea of raising a formidable force, with the view of maintaining his prospective title to the English Crown ; and at the Convention of the Estates the King delivered an elaborate harangue on the subject. In reply to his assertion that it was indispensable for him to have an army in readiness, Seton strongly argued against the folly of the proposal ; and, backed by the youthful Earl of Gowrie, the opinions of the opposition ultimately prevailed. 1 MS. letter in the Record Office, Nicolson to 2 Father of Timothy Pont,minister of Dunnet, Cecil, 16th March 1598-9. and the first projector of a Survey of Scotland. DUKE OF YORK AT LEICESTER 641 In the first edition of Sir Robert Douglas's Peerage of Scotland, it is stated that 'upon the birth of Prince Henry in 1593, President Seton was intrusted with his tuition till he went to England, anno 1603.' The Prince is usually represented to have been committed to the care of the Earl of Mar, while Seton undoubtedly had the charge of his younger brother, afterwards Charles 1. After the King took up his abode in the English metropolis, Lord Fyvie's communications became very frequent, and almost invariably refer to matters of interest and importance. Probably one of the earliest of these is the letter which he addressed from Edinburgh to Sir Robert Cecil, ' Principall Secretair to his Matie in the estate of Ingland,' on the 5th of April 1603 — the very day on which the King left Edinburgh, and twelve days after the death of Queen Elizabeth.1 Early in 1604 Seton was appointed Vice-Chancellor, and also a Com missioner for the incorporate Union then projected between England and Scotland ; and in August of the same year he spent a couple of nights at Leicester, on his way to London, with his juvenile charge, then known as the Duke of York. As the required sleeping accommodation amounted to twelve beds, and the beer to seven hogsheads, the young Prince must have been attended by a considerable retinue. From the records of the Corpora tion of Leicester we gather several curious particulars of the royal visit ; and it is humiliating to acknowledge that, in return for the hospitality experienced by them, some of the ' banquetting dishes ' were broken, and some ' pewter and linen ' carried away by certain unworthy followers of the infant Prince, who had not quite completed his fourth year. In his Continuation of the History of the House of Seytoun, Lord Kingston states that, on the departure of the King and Queen to England, in 1603, they committed the custody of Prince Charles to President Seton — adding that ' he keeped him in his house three years, and carried him into England himselfe, by land, to the King and Queen's Majesties, well and in health ; for which faithfull service the King's Majestie was thankfull to him.' From a minute by Cecil, dated 12th May 1605 (to be afterwards referred to), it would appear that Lord Kingston's statement as to the period during which the Prince was under the President's care cannot be correct. Possibly he may have been intrusted to Seton's custody, when a mere infant, in 1601 ; in which case the journey of 1604 was probably the occasion on which the President surrendered his royal charge.2 Shortly after Seton's appointment to the office of President, several important Acts of Sederunt were passed relative to the ' presentation and admission ' of the Ordinary Lords of Session and other judicial matters. Under the date of nth June 1594 an interesting Latin entry appears in 1 This and other letters, from the valuable Charles's health. collection of MSS. at Hatfield and other sources, 2 See Memoirs of Robert Carey, Earl of Mon- have already been printed in my Memoir of mouth, published in 1759, of which a subsequent Chancellor Seton. Some of them contain edition appeared in 1808, under the editorship special reference to the state of the young Prince of Sir Walter Scott. 4 M 642 SETON APPOINTED CHANCELLOR the record respecting the ancient alliance between France and Scotland ; 1 and about ten years later (nth January 1604), we find a series^of elaborate directions from the King regarding the despatch of business in the Court of Session, which were doubtless inspired by an appeal made by the Presi dent a few months previously. In the list of Commissioners for the proposed Union, on the part of Scotland, we find the names of ' Alexander, Lord Fivie, President of the Counsell of Scotland,' and ' Sir Thomas Craig of Wrichtisland, Knight, Lawyer,' of whom the former was selected, along with Lord Cranborne (Robert Cecil), to prepare a preface for the instrument of Union, the body of which was to be put into shape by Bacon and Sir Thomas Hamilton, the Lord Advocate.2 During the year 1603, Lord Fyvie appears to have been very much engaged in connection with the negotiations relative to the custody of Prince Henry by the Earl of Mar. ' Lord Fyvie went to Stirling to see the Queen and represent to her the King's wishes, but he found her not in a condition to listen to reasonable counsels.' 3 In October 1604 the Earl of Montrose, Lord Fyvie, and the other Scottish Commissioners, proceeded to England, and there conferred upon sundry matters which concerned the Union. In order that this favourite measure of King James might secure the full benefit of Seton's legal know ledge and political sagacity, Montrose (Thirlstane's successor) was persuaded to resign the Office of Chancellor, which was bestowed upon Seton. In alluding to the appointment, Crawfurd states that Lord Fyvie ' was fully able, by his wisdom and learning, to support the honour and dignity of Scotland, in relation to the treaty of Union, especially in matters of law, which no man better understood, or could more solidly apply.'4 Lord Fyvie appears to have remained about five months in the south, and his return to Scotland is thus chronicled by Calderwood : ' The last of Februar (1605), the chanceller, who before was president, came to Edin burgh out of England, convoyed with manie people of all rankes. No subject was seen before to come accompanied to Edinburgh after the maner.' A few weeks before leaving London (9th January 1605), Lord Fyvie indited a short epistle to Cecil, in which he speaks of the ' particular favour quhilk it has pleasit his gracious Matie to bestow on me, mair be y1 Lo. favorabill procurements, nor onye desert or sute off my awin ' — an 1 A Scoto-Franco Society has lately been formed in Paris, having for its object the preser vation and illustration of the leading incidents in the alliance between the two countries. * Spedding's Letters and Life of Francis Bacon, iv. 43. In the same work (iii. 98), in his Discourse on the Union of Kingdoms, Bacon refers to two conditions of perfect mixture, 'whereof the former is Time : for the natural philosophers say well that compositio is opus hominis, and mistio, opus natures' 3 Fraser's Memorials of the Earls of Had dington, i. 84. 4 Officers of State, p. 156. Seton's appointment to the Chancellorship seems to have been contemplated as early as 1596. See Spottiswood's History of the Church of Scotland, p. 413. FATHER JAMES SETON 643 obvious allusion to his promotion to the office of Chancellor. On the 4th of March 1605 Lord Fyvie was advanced to the dignity of Earl of Dun fermline — the destination being to himself and his heirs-male — while at the same time Lords Home and Drummond were respectively promoted to the earldoms of Home and Perth. ill*} Vyy,v\ .'AW, : ',,' i..^J!^Li Airfp4MA^A''\/) W#7SO£*f 'A/ti Among the Hatfield papers is an interesting document, consisting of a draft in Cecil's handwriting, and indorsed '1605, May 12. Mynute to the Lord Fivye,' in which the 'goodwill and frendshipp' which prevailed between the two statesmen is clearly indicated.1 In the summer of 1605 certain ministers were 'warded' in Blackness Castle, and Calderwood informs us that ' within two days after the brethren were imprisoned, the "pest" breaketh out in Edinburgh, Leith, and St. Andrews,' and the historian adds, doubtless as a special instance of divine retribution, that ' the chanceller's hous was infected ; his eldest sonne and his brother's daughter, a young damosel, died. A byle brake furth on his owne daughter. He was forced to dissolve his familie. He was beaten by the curse pronounced by Joshua upon the builders of Jericho ' ! On the 30th of September 1605 Father James Seton writes as follows to Father C. Aquaviva, General of the Society of Jesus: 'The government is entirely in the hands of Lord Alexander Seton, whom the King has made Earl of Dunfermline, and who is favourably known to your paternity. He is, or should be, Abbot of that place, where there was once a famous monastery. He was formerly President of the Council, and is now Chancellor of the kingdom. The Viceroy is the Earl of Montrose, the 1 See Memoir of Chancellor Seton, p. 68. 644 THE CHANCELLOR'S CORRESPONDENCE President of the Council the Lord James Elphinstone, brother of Father George; but they are all directed by Lord Alexander Seton. He is a Catholic, as is also the Lord President and the Royal Advocate. In political wisdom, in learning, in high birth, wealth and authority, he possesses far more influence than the rest, and his power is universally acknowledged. But he publicly professes the State religion, rendering external obedience to the King and the ministers, and goes occasionally, though rarely, to the sermons, sometimes to their heretical communion. He has also subscribed their Confession of faith, without which he would not be able to retain peaceable possession of the rank, office, and estates, with which he is so richly endowed. He has brought all the principal men of the kingdom round to the same view, and very few venture to differ from him, owing to his eloquence, learning, and authority. Two or three times a year he comes to Catholic confession, and communicates with his mother, brother, sister, and nephews, who are better Catholics than himself.' * Several curious letters from Seton, about this period, turn up in the Harleian Collection of mss. in the British Museum. Thus, on the nth of September 1604, he writes to ' Mr Harry Savele, Escuyer,' relative to a theological work translated by ' Seigneur de Montaigne,' in which he refers to the 'barbarous Latine ye booke was first written in.'2 Three years later (8th April 1607), m writing to ' Mr Adame Newtoun, Edinburgh, Deane of Duresme (Durham) and preceptor to the Prince his Grace,' he refers to his recommendation of ' ane freind of myne callit George Setoun.'3 The seal on the letter bears the Chancellor's favourite device of a cinquefoil within a crescent, surmounted by a coronet. The year following (13th July 1608) he communi cates with Lord Salisbury, Lord High Treasurer of England, relative to troops (200 men) sent to Ireland, with the account of the expenses.4 On the 25th of May 1606 the Chancellor indites a long and indignant letter5 to his ' maist sacred Soverane,' with reference to certain aspersions that had been cast upon him by a certain ' Maister Jhone Forbes,' in which the courtier and the scholar are both admirably represented, and he confidently leaves it to the King to determine whether 'a condemned traitour' or his Majesty's Chancellor is ' maist worthie of credeit ' ! In the course of the two following years (1607-8) a good many letters appear to have been addressed to the King by Lord Dunfermline relative to the disorderly condition of the district of Athole, the feud between the Earls of Eglinton and Glencairn, and the Gowrie Conspiracy. 1 Narratives of Scottish Catholics (:88s), 3 Harl. MSS. 7004, f. 33. 2 Haii Mss' 7002. '• 37- « See Memoir of Chancellor Seton, p. 74. LORD PROVOST OF EDINBURGH 645 | In addition to his judicial and other appointments, like his chivalric father, Seton filled the office of Provost of Edinburgh, for the long period of ten years, having been originally elected in 1598. From numerous entries in the accounts of the ' Thesaurer ' to the burgh during the period in question, it would appear that the chief magistrate of the metropolis was liberally supplied by the Council with the wine of the sunny South ; and that, in other respects, due honour was done to him.1 Thus : — 'Item, the 23 of Marche 1598, payit to Andro Purves, for ane pece (cask) of Spanes wyne, ane hundreth threttie thrie poundis sex schillingis aucht penneis ; and to David Aikenheid the sowme of tua hundreth twentie aucht poundis money, for ane tun off Burdeux wyne, quhilk was delyverit to my Lord Proveist at the Counsellis command conforme to a precept, extending in the haill to . . iijclxjH vjs viijd/ Under 1 600-1 we find: — 'Item, the xxij day of December, payit for twelf torches to convoy the Provest the nicht of the baptisme [the christening of Prince Charles] iiijV Again, under 1604-5 : — 'Item, the 6 of Merch, payit to the trumpeters quha raid with the Guid Toun to the meitting of my Lord Prouest . iijV 2 Towards the end of the year 1608 the Chancellor reports to the King all the painful circumstances of the well-known ' Auchindrane Tragedy'; and about a year later he gives some curious details of the successful steps adopted by the Earl of Dunbar to bring the Borders into a state of tranquillity and subjection. We have already seen that both the father and grandfather of Lord Dunfermline were addicted to sport, and an interesting illustration of the Chancellor's patronage of the ' Turf crops up in the records of the Burgh of Dunfermline. In a minute, dated 19th April 16 10, reference is made to the ' Sylver Race Bell, double overgilt,' pertaining to ' ane noble lord Alexander Erie of Dunfnlyne, lord Fyvie and Urqhat, heich chancelure of Scotland,' which had been won by the ' blak hors ' of David Boswell of Craigincat, brother of Sir John Boswell of Balmuto. The course was on the Stirling road, immediately to the west of the town of Dunfermline, and must have been upwards of two miles long. In the course of the year 161 1 several letters were addressed by the Scottish Chancellor to the Earl of Salisbury, which include references to the King's resolution to establish consuls in Spain ; to the unexpected decease of the Earl of Dunbar, implying that ' the burden of Scotch affairs will now weigh heavily on himself ' ; to the escape and re-capture of Lady Arabella (Stuart ?) ; and to the continuance to his son of the pension of 1 2d. per diem, enjoyed by Aristotle Knowsley, long schoolmaster at Berwick. In an undated letter to the King written prior to January 161 1, Sir Robert Melville (afterwards Lord Melville of Monymail) speaks in very SeeMemoirqf Chancellor Seton, pp. 86 et sea. Records during the Provostship of Alexander Some extracts from the Edinburgh Council Seton will be given in a subsequent Appendix. 646 DEATH OF PRINCE HENRY high terms of the Chancellor, whom he describes as • ane gret staitsman,' and as having, ' nixt your Maiesties awin pairt, the prais of the blissit and happie conditioun quhairin the cuntrye standis, quhilk, be your Maiesties absence, was thocht to haif beine hard to pacific' On the 6th of April 161 1 Lord Dunfermline was appointed Keeper of the Palace of Holyroodhouse, during life, in succession to George, Earl of Dunbar.1 Ten days later (16th April) we find a charter by the King conveying to the Chancellor the lands of Urquhart, Fyvie, Dalgety, and others, and regranting the title and dignity of Earl of Dunfermline to himself and the heirs-male of his body, whom failing, to Sir William Seton of Kyles- mure, Knight, and the heirs-male of his body, whom failing, to the grantee, and his heirs-male whatsoever, bearing the surname and arms of Seton.2 In the spring of 161 2 a small Popish scandal turns up in the Minutes of the Synod of Fife, in which Mr. Andrew Forrester, minister at Dun fermline, was indirectly implicated. It appears that the Chancellor had given great offence to ' the haill country ' by having had a crucifix ' payntit vpon his dask ' in the church of Dunfermline ; but a few months afterwards the matter appears to have been amicably settled. Writing to the King in the course of the same year, George Gladstanes, Archbishop of St. Andrews, expresses considerable animus against Lord Dunfermline, who, it is well known, was no favourite with the clergy.3 In a document dated 'at the Palace of Theobalds, 20 September 1 61 2,' the King appoints Chancellor Seton his Commissioner vicegerent in the Parliament to be holden in Edinburgh on the 12th of October, with power to represent his person, and to do other things towards the perfecting of the said Parliament, as lawfully as Ludovick, Duke of Lennox, and the other previous commissioners.4 The death of Prince Henry, the King's eldest son, occurred in London on the 2nd of November ; and, being a youth of the highest promise, the event was regarded as a public calamity. According to Calderwood, the Chancellor, the Bishop of Glasgow, and a few others, were ' sent by the Councell to condole. But before they came to Newcastle, they were commandit to returne, by a letter sent from the King ; wherat manie wondered.' About the same period the Chancellor had an endless amount of trouble in connection with the succession of his nephew, Alexander, to the Earldom of Eglinton, to which reference will afterwards be made in the notice of that branch of the family. On the ist of June 16 13 the King confirms a charter to Lord Dun fermline by Alexander Hay of Forresterseat, one of the Senators of the College of Justice, of the manse, garden, and dovecot of the vicarage of Elgin, within the Cathedral College thereof.5 1 Great Seal Register, Paper Register, i. 127. ton, i. 115. 2 Ibid. xlvi. 374. 4 Great Seal Register, xlvii. 39. 3 Fraser's Memorials of the Earls of Hadding- 5 Ibid. 163. ROYAL VISIT TO SCOTLAND 647 There is a similar confirmation of a charter granted on the 2nd of July of the same year to the Chancellor by John, son and apparent heir of Mark S winton, Provost of Inverkeithing, of the 'place, tenement, or hospice of Inverkeithing'; and on the 17th of November following there is a charter to him of the teind sheaves of the lands and mains of Fyvie and others, on the resignation of James, Marquis of Hamilton.1 In the course of the year 16 14 the Chancellor appears to have been somewhat unpleasantly mixed up with the proceedings connected with the rebellion of the Clandonald of Isla2 ; and about the same period he had a pretty brisk correspondence with John Murray, ' of his sacred Majesties bedchalmer,' afterwards Earl of Annandale. On the 24th of November he states obstacles of a very homely kind to his making the journey to London, to wit, the immediate prospect of his bedfellow (his third wife) being confined, and the approach of ' the dead off the yeir, maist difficill and hard to onye man to trauell, and I am now na chikkin, drawing to threescore, was nieuer werye ruide nor strong, albeit nather too delicat nor sparing off my self.' In 1 6 1 5 the newly appointed Archbishops of S t. Andrews and Glasgow, John Spottiswood and James Law, took the oath of allegiance, and did homage for their Archbishoprics, kneeling before Lord Chancellor Dunfermline, who sat under a velvet canopy in the chapel-royal of Holy- rood, and acted as Commissioner for the King.3 On the nth of February 1616, Lord Dunfermline, in writing to Thomas, Lord Binning, relative to the King's visit to Scotland, makes a quaint allusion to two interviews with the Queen ; and a few days after wards (18th February), in another letter to the same correspondent, he refers to his sister's death and the misrule of the Laird of Gight. With reference to the former he writes : ' I can nocht bot be sorie of my sister's deathe, yett as I remember the onpleasand lyffe shea hes had thir monye yeares, butt (without) appearance of recowerie, and hir continuall wisches to be fred be Goddis will of that miserie, be passage to a better lyffe ; considering also what good childring shea leiffis behind hir, I digest it the better.'4 A few weeks later (15th April), at the instigation of Hew Mont- gomerie, the Chancellor writes, from Newmarket, to Sir Julius Caesar, Master of the Rolls, relative to an unfounded charge by a certain Wilke- soun, against Sir James Hamilton,5 and towards the end of the following year (17th October 161 7) he acknowledges a communication from Sir Julius (delivered to Seton by Sir Patrick Murray, Caesar's son-in-law, on the occasion of the King's visit to Scotland), in which he thanked the Chancellor for his good report of him to the King. Lord Dunfermline writes: — 'I lye far of; has bot seldome access to his Matie. I sail doe 1 Great Seal Register, xlvii. 139 and 385. ton, i. 124. 2 See Donald Gregory's Western Highlands « j^ l Q „, and Isles of Scotland. ' 3 Fraser's Memorials of the Earls of Hadding- 6 12,504, f. 244, British Museum. 648 SETON'S ADVANCING YEARS quhat I may ather be myself or other good friends, at all good occasions, to renew the memorie off ziour good deseruings.' 1 In a letter from William, seventh Lord Sanquhar (afterwards Earl of Dumfries), to John Murray, dated 9th January 16 16, the writer makes the following allusion to Dunfermline: — 'Giffe ye wnderstude his lordschip reichtlie ye wald find his lordschip ane worddie man ; and I dar assure yow, the more ye haiffe ado with him, ye sail ewer find the more worthe in his lordschip. . . I knowe his lordschip to be ane of the honestest myndit men within oure kingdome, and it is ewer sik men I wald wisse yow to be in greitest formes with.' About the same period the Chancellor was mixed up with a curious fraternal difference in the house of Haig of Bemersyde, which is fully described in Mr. Russell's History of that ancient family.2 A few months before his death, in 161 7, one of Seton's most distin guished contemporaries, John Napier of Merchiston, the inventor of Logarithms, dedicated his latest work to the Chancellor in very flattering terms, and of course in elegant Latin ; 3 and in the course of the same year the King visited Scotland, as already mentioned in the notice of George, third Earl of Winton. Sir Anthony Weldon, in his Description of the People and Country of Scotland (161 7), says: — 'The wonders of their kingdom are those; the Lord Chancellor, he is believed, the Master of the Rolls well spoken off, and the whole council, who are the judges for all causes, are free from suspicion of corruption.'4 One of the last public acts of Lord Dunfermline occurred at Holyrood, on the 17th of June 162 1, when Sir Jerome Lindsay of Annatland was knighted and created Lyon King of Arms by the Chancellor, who ' delyverit to the said Lyoun his coat of armes, quhilk wes putt upon him, patt the croun on his heade, and delyverit him the battoun.' 5 The Correspondence of the Earls of Ancram and Lothian, privately printed by the Marquis of Lothian in 1875, contains a very interesting epistle from the venerable Chancellor to Sir Robert Kerr (afterwards Earl of Ancram), dated 'Pinkie, 24 May 1621 ' — little more than a year before his death, and embracing a touching allusion to his advancing years. ' I hope shortlie,' he writes, ' to discouer my port. Think nocht for this, Sir Robert, that I think me onye neirar to death, farder nor that I knaw there is sa monye yiers of my mortalitie past. Ego jam post terga reliqui sexa- ginta annos, and fyue maa ; bot I think tyme now to be mair circumspect, nocht sa readie to tak meikill in hand for monye respects. I find me now far remoued from the springs or sprentis (forces) that mouis all the resortis off our gouerment, and thairfore layis for suirest ground to moue. I hald or latt goe as our first motors settis us to, otherwayis in (bulk) or banis I \ I2>5°4> f- 246, British Museum. of Merchiston, p. 413. * Pp. 126-170. See also Memoir of Chan- * Hume Brown's Early Travellers in Scot- cellor Seton, pp. 1 17-19. land, p. 102. 3 See Mark Napier's Memoirs offohn Napier 6 Register of the Privy Council, xii. 499, DEATH OF THE CHANCELLOR 649 find yit leitill decay in me. I haue bein twayis or thrise this spring ellis (already) at Archerie, and the same bowis that serued me 40 yiers sence fittis me als weill now as eiuer, and ar als far at my command. Suim yiow left me also seruis me als weill now as then. It is bot greate viris decayis fast and soune ; mediocritie contented me eiuir, and sua sail still be God his grace.' The ' port ' to which the worthy Chancellor referred was nearer than he imagined. After a brief illness of fourteen days, he closed his distin guished career at Pinkie, on the 16th of June 1622, in the sixty-seventh year of his age, ' with the regreat of all that knew him, and the love of his countrie.'1 In more than one letter from Lord Melros to either the King or John Murray (afterwards Earl of Annandale), during the preceding week, he alludes to the critical condition of the Chancellor, and several communica tions are extant in which the death is announced. Besides a formal intimation to the King by the Lords of the Privy Council, in which Lord Dunfermline is described as ' your Maiesties faithfull and trustie Counsel- lour, by whose death we ar depryued of grite assistance, solide counsell, and perfyte resolutioun,' the event is reported to Murray by both the Earl and Countess of Mar. 'I am sory att my hart,' writes the latter, ' saving God's pleasur, to have this occasion to advertis you of the death of my Lord Chanceller, who deceassed this morning, betwixt sax and seaven. I pray God direct his magesty to take the best cours for the estaytt of this poore kingdome, for it will be fownd thatt ther will be greatt missing of him that is gone' In the letter from the Privy Council special reference is made to the devoted attendance of Lord Winton on his respected uncle during his last illness ; and in a later communication from the same quarter, very high testimony is borne to ' the dewtifull behaviour and cariage of the late Lord Chancellour.' On the 4th of July, Sir Thomas Henryson, in a short letter to Murray, speaks of Lord Dunfermline as the ' most woorthie and incom parable subject as euer I knew in justice seat.' According to one account, Lord Dunfermline's body was laid out in state in the Church of St. Michael, at Inveresk, and on the 19th of July was buried with great solemnity at Dalgety, in Fife. I have failed to discover any authority for the former statement. It so happens that, according to the inscription on a marble tablet in Inveresk Church, the body of the Chancellor's grandson, the famous Duke of Lauderdale, who died in 1682, 'in suo templo Musselburgensi a 25 Octobris ad 5™ Aprilis diem permansit ' ; and it is not improbable that some mistake may have arisen from the circumstance of the dates of death of the grandfather and grandson differing only in a single figure (1622 and 1682). 1 History of the House of Seytoun, p. 66. The Robert Cecil, Earl of Salisbury, died in 1612, at event occurred three years after the death of the age of sixty- two, worn out by public Queen Anne, and three years before that of business. James VI. Seton's friend and correspondent, 4 N 650 BURIAL AT DALGETY In a very circumstantial description of the funeral, embraced in an untitled ms. in the Lyon Office, and printed ad longum in my Memoir of Chancellor Seton, the body is said to have been embalmed and removed to Dalgety 1 three days after the death, while the ninth of July is given as the date of the interment. The function appears to have been accompanied by the usual heraldic ceremonial ; and among others present on the occa sion there were numerous noblemen, barons, knights, and gentlemen, including William Seton of Udny, Alexander Seton of Gargunnock, Alexander Seton of Lathrisk, John (George ?) Seton of Cariston, Walter Seton of Meldrum, James Seton of Touch, Sir William Seton of Kyles- mure and his son, also William, George Seton of Barra, John Seton of Menies (Mounie ?), James Seton of Fawside, and John and Thomas Seton, brothers of George, third Earl of Winton, who appears to have acted as chief mourner. Lord Dunfermline had for his three wives a fair Drummond, a sprightly Leslie, and a handsome Hay. His first wife was Lilias, second daughter of Patrick, third Lord Drummond, and sister of James, first Earl of Perth, to whom he was married about 1592, and by whom he had five daughters : — 1. Lady Anne, married to Alexander, Viscount Fentoun, only son of Thomas, first Earl of Kellie, who predeceased his father. In the Register of the Great Seal (xlvi. 219) we find a confirmation of a charter granted by ' Thomas, Viscount Fentoun, Lord Dirletoun,' to Alexander, Master of Fentoun, his son and apparent heir, and Lady Anne Seton, his affianced spouse, eldest daughter of Alexander, Earl of Dunfermline, Chancellor of Scot land, of the lands of Fentoun tower, called Over Sydeserf, etc., dated at Westminster 6th April, and confirmed 6th June 16 10. 2. Lady Isabel — commemorated in Arthur Johnston's poems — married to John, first Earl of Lauderdale (only son of Chancellor Maitland, Lord Thirlstane), by whom she was the mother of the celebrated John, Duke of Lauderdale. Another charter appears in the Great Seal Register (xlvi. 218) to 1 According to Groome's Ordnance Gazetteer, ' of Dalgety House, Seton's favourite residence, not so much as a stone remains.' Thomas Kirk, in his Tour in Scotland, in 1677 (Supplement to Hume Brown's Early Travellers in Scotland), makes the following statement : ' From Lord Morton's house at Aberdore to my Lord Dum- fermling's house at Dogetty, a mile further. The garden and walks here are in very good order. The house is little, and very low, having no chambers in it, though the few rooms there are are in indifferent good order ' HIS THREE MARRIAGES 651 John, Lord Thirlstane, and Lady Isabel Seton his spouse, daughter of Alexander, Earl of Dunfermline, Chancellor of Scotland, in conjunct fee, and to their heirs-male, etc., of the lands of Gilbertoun, Ugstoun, etc., in the regality of Thirlstane, dated 18th June 1610. 3. Lady Margaret (1.), who died in infancy. 4. Lady Margaret (11.), married to Colin, first Earl of Seaforth, by whom she had Lady Anna Mackenzie, successively Countess of Balcarres and Countess of Argyll, of whom an interesting memoir appeared in 1868 from the pen of the late Earl of Crawford. 5. Lady Sophia, married to David, first Lord Lindsay of Balcarres, ancestor of the Earls of Crawford. Lord Dunfermline married, secondly, in 1601, Grizel Leslie,1 fourth 1 From the record of the Testaments-Dative of Dames Lilias Drummond and Grizel Leslie, successively Countesses of Dunfermline, it ap pears that the former died ' in the place of Dal- gatie in Fyff,' 8th May 1601, and the latter on 6th of September 1606. It further appears that the 'Vtencilis and Domicilis, with the orna- mentis of thair bodies, goldsmyth and siluer wark, jewellis, and abulyiementis,' were respec tively estimated at 6000 merks and ^10,000 Scots. — Commissariot of Edinburgh Testaments, 1609. 652 ANE COMELY WENCHE' daughter of James, Master of Rothes, and sister of John, sixth Earl of Rothes, by whom he had a son, Charles (1.), who died young, and two daughters : — (1) Lady Lilias, who died unmarried, and (2) Lady Jean, born about 1606, married to John, eighth Lord Yester (afterwards Earl of Tweeddale), by whom she was mother of the first Marquis of Tweeddale. In an amusing letter to his friend Sir Robert Kerr of Ancram, relative to his contem plated marriage, dated 3rd April 162 1, Lord Yester thus refers to his future wife : ' As for my Lord Chancellor his daughter, I sweare I have nothing to mislyk of hir, for shee is ane comely wenche, and may be a wyfe to the beste in the kingdome. I am als neir to him already as when I have matched with his daughter,1 nor meane I to marry without his approbation, so by that means I shall not rune hazarde losse his freindshype.'2 Lady Jean's good looks are fully established by her beautiful portrait at Yester, est. 1 2, which is here engraved. Frederick Locker's lines, ' To my Grandmother,' may be appropriately applied to Lady Jean Seton : — 1 This relative of mine, Was she seventy-and-nine When she died ? By the canvas may be seen How she looked at seventeen As a bride.' 3 Lord Dunfermline's third wife4 was the Hon. Margaret Hay, sister of the aforesaid John, eighth Lord Yester (who married, secondly, in 1633, James, Lord Almond, afterwards Earl of Calendar), by whom he had a son, Charles5 (11.), second Earl of Dunfermline, and two daughters : — 1. Lady Grizel, 'a brave lady, who lived to a good age, but would never marrie, though she had noble suitors — the Earle of Sutherland and the Lord Lindsay, afterwards Earle of Crawford.' 6 2. Lady Mary, who died young. 1 An allusion to the Chancellor's third wife, who was Lord Yester's sister. 2 Correspondence of the Earls of Ancram and Lothian, i. 18. 3 Quarterly Review, cxxxvii. 125. 4 From an entry in the Great Seal Register relative to a liferent grant to his third wife of the lands of Dalgety, Hailes, etc., it appears that their marriage contract was signed in November 1607. — Ptince's Register, i. 3. 6 It will be observed that both of the Chan cellor's sons bore the name of Charles, probably in honour of his royal pupil, the Duke of York. 6 Lord Kingston's Continuation, p. 65. THE CHANCELLOR'S TESTAMENT 653 A pretty full account of Lord Dun fermline's ' Testament testamentar ' will be found in my Memoir of the Chancellor (PP- I55-6o)- ^ is dated at Holyrood- house, 4th March 1620, with a codicil appended at Pinkie, 12th June 1622, four days before the testator's death. The provision relative to his burial, by his honourable and nearest friends, ' far al- wayis frome all pompe and gloriositie qlk all y* knowis me may know I never lykit,' was not very literally complied with. ' Of the place of my rest,' he adds, ' I wis to be in ye littil ile biggit be myself at the Kirk of my house at Dagatie ' — an injunc tion which was duly attended to. He appoints as the tutors of his younger children his 'nobill Lord and ' {4 t t | f &*~ i I ¦' 4 I in 00 iiiAOjH r -6 654 INVENTAR' OF JEWELS, ETC. Cheiff,' his nephew, George, third Earl of Winton, and failing him his brother, Alexander, Earl of Eglinton, and his own brother, Sir William Seton, and alludes to the friendly feeling which had always prevailed among the different members of his House, as all 'cumbit of ane stok.' The codicil ratifies the bonds granted by the testator in favour of his two daughters, Ladies Jean and Grizel, as a provision for their marriages — ^20,000 to the former, and 20,000 merks to the latter. He desires the Earl of Winton to undertake the charge of his son and his daughter Lady Jean, recommending the 'vertuous vpbringing' of the former 'in lettres and otherwayis, according to his estait and rankc' From the ' Inventar' it appears that the Chancellor possessed a large number of valuable jewels (including upwards of 500 diamonds), and a liberal supply of ' goldsmith wark ' and silver plate. One of the jewels ' callit Orpheus,' with twenty diamonds and fifty rubies, is valued at .£1560, while another item is 'ane portrat of ye Virgine Marie and tua of ye ordour of Sanct George in gold.' DUNFERMLINE'S CHARACTER 655 His books, in the libraries at Pinkie and Fyvie, are valued at ^1333, 6s. 4d. Two of these, with the Chancellor's book-stamp, I am fortunate enough to possess :— (1) Discours Chrestiens de la Divinite; la Creation, etc., par M. Pierre Charron, Paris 1604, with a good many marginal notes ; and (2) Traictez Philosophiques par le Sr D. V. (Du Vair) Pr. Pr. au Pari, de Pr., Paris 1606. Another of the Chancellor's volumes, bearing his fine signature (' Dunfermelyne '), and entitled Traicte1 des Seignevries, par Charles Loyseav, Parisien, Paris 1609, is in the library at Duns Castle. The sum of the entire inventory amounts to .£43,959, 10s. 2d. ; and, in cluding the debts due to the deceased (£1 1,797, 13s. 4d.), to £55,757, 3s. 6d. It has been truly said that Seton's character must have been of no ordinary kind, when it elicited the approbation of such dissimilar men as Spottiswood and Calderwood. According to the former, ' he exerced his place with great moderation, and to the contentment of all honest men : he was ever inclining to the Roman faith, as being educated at Rome in his younger years, but very observant of good order, and one that hated lying and dissimulation, and above all things studied to maintain peace and quietness.'1 Calderwood says that 'howsoever he was popishly disposed in his religion, yet he condemned many abuses and corruptions in the Kirke of Rome. He was 'a good justiciar, courteous and humane both to strangers and to his owne country people ; but noe good friend to the bishops.' Scotstarvet asserts that Seton 'professed himself a Protestant in outward show, but died an avowed Papist ' ; but this statement is pro bably open to question, and was, no doubt, mainly suggested by the circumstance of his early training at Rome, and the well-known traditions of his family. Many other writers bear testimony to the Chancellor's moral and intellectual qualities. While Dempster,2 somewhat pedantically, pronounces him to have been ' caput senatus, bonorum corculum, Zaleucus alter,' in the Earl of Perth's Autobiography he is described as ' endued with most virtuous, learned, and heroic qualities,' and as ' having spent a great part of his youth in the best towns of Italy and France, where all good litera ture was professed — a man most just and wise, deserving greater com mendation than paper can contain.' 3 Crawfurd says that ' he lived in honour and prosperity, in the highest favour both with prince and people, and discharged his great office with the general applause of the whole kingdom. ... He was esteemed one of the most eminent lawyers of his time, and one of the wisest men the nation then had, a great virtuoso, and a fine poet. There are some fragments of his performances still extant, scattered in diverse books, which show him to have been a great man that way'4 Tytler, in his Life of Sir Thomas Craig, thus indicates the 1 History of the Church and State of Scot- volume in the valuable library of Sir Thomas land, p. 543. Dawson-Brodie, entitled Georgii Conai de 2 De Scriptoribus Scotis, Ban. Club, 1829. duplici statu Religionis apud Scotos — Romas 3 Miscellany of the Spalding Club, ii. 396. 1628 — there is an interesting notice of Chancel- 4 Officers of State, p. 156. At p. 154 of a rare lor Seton. 656 THE CHANCELLOR'S SCHOLARSHIP Chancellor's character : ' He was an upright and learned judge, an inde fatigable and conscientious statesman, and a patron of men of letters.' In the Introduction to volume xi. of the Register of the Privy Council, Professor Masson says that ' the very length of the Dunfermline Admini stration is of historical significance. . . . The Earl of Dunfermline having, in 1605, superseded the Earl of Montrose in the Chancellorship, and having from the first proved his peculiar fitness, both by character and by abilities, for the duties of the post under the new conditions, little wonder that the tenure of the official pre-eminency had been of so long duration. . . . The Earl of Mar (High Treasurer) was a great nobleman certainly, but still only the second official in the kingdom, and incapable of any such obvious co-equality with Dunfermline in the management of Scottish affairs as had been vested in the High-Treasurership when that office was held by the energetic Dunbar.' In a later volume of the same Register, the editor says that, two days before the meeting of Council on the 18th of June 1622, 'there had occurred the death of the man, who for seventeen years had been the most impor tant member of the Council, and the chief dignitary of the realm — Chancellor Dunfermline. . . . The cessation of his unusually long Premier ship and Chancellorship for King James is an epoch of no small mark in the History of Scotland.' x Two of Seton's Latin epigrams prefixed to Bishop Lesley's History of Scotland are generally regarded as specimens of elegant scholarship. While in the first he touchingly pleads for a return to the ' fides ' and the ' pietas ' of former ages, in the second he refers to the circumstance of the patriotic prelate having composed his work when an exile from his native land. Dr. Joseph Robertson remarks that Buchanan's celebrated Dedica tion of his translation of the Psalms to Queen Mary appears to have fascinated more than one Scottish writer of Latin verse, and to have suggested, among others, the lines inscribed to the same Queen by Seton, at an early period of his career, which are prefixed to the second part of Bishop Lesley's History, first published at Rome in 1578. A sonnet by Lord Dunfermline to Sir Philip Sidney will be found in a quarto volume published in London, in 1587, entitled Acad. Cantab. Lachrymce tumulo Pkilippi Sidneij sacratee, per Alex. Nevillum. Ina subsequent Appendix the architectural and heraldic achievements of the Chancellor will be duly referred to. Besides his juvenile portrait in the group by Sir Antonio More, referred to under the notice of his father, George, seventh Lord Seton, there is a likeness of the Chancellor (cet. 55) at Yester, attributed to Zuccaro, which, with Lord Tweeddale's kind permission, is here reproduced from my Memoir of Lord Dunfermline,2 in which his character and qualifications 1 Register of the Privy Council, xii. 739. portrait of Chancellor Seton, on panel, was 2 In the spring of 1888, at the sale in Edin- purchased by a Mrs. White, whom I have since burgh of the pictures and articles of virtu be- failed to trace. Another portrait of the Chancellor longing to the late Mr. James Gibson-Craig, a is in the possession of Mrs. Coventry (see p. 632). AAN.Sinclair,PhS? AmAyiyi^yA^(S^ CHANCELLOR OF SCOTLAND. HIS VARIOUS SIGNATURES 657 u$:caa }eitg2> ^/tf-^^t^ lArtnn. "Jvi jC MCWl^j 40 658 CHARLES, SECOND EARL are thus briefly summarised: — 'An able lawyer, an impartial judge, a sagacious statesman, a consistent patriot, an accomplished scholar, a dis cerning patron of literature, a munificent builder, a skilful herald, and an ardent lover of archery and other manly sports, Lord Dunfermline may certainly be regarded as having been versatile and many-sided _ in no ordinary degree. His title to fame, however, mainly rests upon his judicial and political reputation ; and few Scottish worthies have so strikingly dis played the praiseworthy characteristics of prudence, moderation, and integrity. Up to the beginning of the seventeenth century he was unquestionably the greatest lawyer that had been privileged to preside in the Court of Session ; and in the successful discharge of the duties of the higher office of Chancellor, or " Keeper of the royal conscience," which he filled for the long period of eighteen years, he was probably not surpassed by any of the other distinguished men who held the same important position.' 2. Charles, second Earl of Dunfermline. As the second Earl of Dunfermline was born about the year 1608, he was little more than fourteen years of age when he succeeded his dis tinguished father in 1622. Notwithstanding his succession to a very flourishing estate, Scotstarvet asserts that, ' a few years after his majority, by playing and other inordinate spending, all was comprised from him ; and when he was debarred by promise to play at no game, he devised a new way to elude his oath, by wagering with any one who was in his company who should draw the longest straw out of a stack with the most grains of corn thereon.' 1 From the decisions collected by Gibson of Durie, it appears that the young Earl was greatly harassed, during the earlier portion of his life, by a series of lawsuits at the instance of his mother, then Countess of Calendar, which may have had something to do with his financial difficulties. The merest glance at her portrait at Yester, engraved at page 654, suggests the idea of a woman of determination and force of character. As ' lyfrentrix off Daigetie ' in 1649, she incurred the displeasure of the Kirk-Session for placing ' idolatrous and superstitious images in the glasse windows of the Church ' ; and was ordered to remove them, and to put ' no novelties upone her loft (gallery) till the presbytrie be acquainted with it.' The same year the following entry occurs in the records of the parish, relative to 1 Staggering State of Scots Statesmen, p. 17. Hope, in a letter to the Earl of Menteith, in A good many of Scotstarvet's statements must 1631, as the 'reverend father of lies.'— Edin- be accepted cum grano sails. A recent writer, burgh Review for July 1882, p. 132. in referring to him, speaks of his ' accustomed See Masson's Drummond of Hawthornden, malignity ' ; and he is also believed to have p. 223 et seq., for an interesting notice of been the individual described by Sir Thomas Scotstarvet, ; ^£^£u4mA^^ SIDES WITH THE COVENANTERS 659 another misdemeanour : 'June 17, 1649. The Sessione, considering how scandalous to the Lord's people it is my Ladie Calendar her tarreing at home upone the Lordis day and not coming to the kirk, appoynts the minister and ane elder to goe to her and admonish her.' She died ten years afterwards, at the close of 1659, at the same age (sixty-seven) as her first husband, the Chancellor, whom she survived for the long period of thirty-seven years. It would therefore appear that she was born about 1592, and that, at the time of her marriage in 1607, she must have been little more than fifteen years of age. In terms of a letter from Charles 1., dated 4th June 1635, when the Chancellor's widow was Lady Almond, she was allowed 'to retaine the place dew to her as Countess of Dum- fermlinc' In the year 1627 we find a ratification and confirmation of a specified tack of teinds of the fishings on Spey by John, Bishop of Moray, to Charles, Earl of Dunfermline, for sums of money paid for him by his tutor, George, third Earl of Winton.1 The second Earl of Dunfermline appears to have taken an active part in public affairs during the reigns of Charles 1. and 11. He was frequently at the English Court with the former, to whom he acted as gentleman of the bedchamber; on more than one occasion commanded a regiment in the Scotch army ; and was appointed by Charles 11. to the office of Lord Privy Seal, which he held at the time of his death. In 1637 the Bailiary and Justiciary of Dunfermline were conferred upon him by royal charter, the offices being subsequently ratified by the Scottish Parliament in 1641. According to Scotstarvet, the yearly value of the Abbacy of Dunfermline, of which the Earl got a three nineteen-years' ' tak' from King Charles 1., was 20,000 pounds Scots (about ^1660 sterling); 'and in that space,' he adds, 'if he shall happen to bruik (enjoy) it, it will amount to 1,100,000 merks.' Contrary to the ecclesiastical traditions of his family, Lord Dunfermline sided with the Covenanters, and signed the National Covenant at Dun fermline in 1638. Two years afterwards (31st January 1640), along with Lord Loudon and other Commissioners, he was ' sent up to London owing to growing troubles ';2 and, on his way to Court, he appears to have paid a visit to the Earl of Haddington at Tynninghame, shortly after the Earl's marriage to Lady Jean Gordon, daughter of the Marquis of Huntly.3 About two months afterwards (27th March), Lord Huntly, in writing from London to Thomas, second Earl of Haddington, says : ' The Earle of Dumfermhng and his colleagues have as yet no resolution from hence ; and matters are very closlye carryed : Wherefore I craue leaue to reserue my quhessings (questionings?) till the next occasion ; whiche may be perhaps by my eldest 1 Richmond and Gordon Writs. P- 19- . , _ , , „ , 2 Wishart's Memoirs of fames Marquis of 3 Fraser's Memorials of the Earls of Had- Montrose, translated by Murdoch and Simpson, dington, 1. xxvm. 660 WITH CHARLES II. IN HOLLAND sone.'1 On the 18th of April three of the Commissioners— viz. Dunferm line, Sir William Douglas, and Mr. Berkly— appear to have been in confinement. The reason of their restraint is said to have been because the Covenanters had imprisoned the Earl of Southesk for adhering to the King.2 Lord Dunfermline acted as Commissioner to the General Assembly of the Church of Scotland which met at St. Andrews in July 1642. Four years afterwards (1646) he was one of the peers who made certain qualifications relative to the execution of Colonel Nathaniel Gordon and others ; and along with the Earls of Eglinton, Cassilis, and Carnwath, he voted for the banishment of the venerable President Spottiswoode.8 After the execution of King Charles 1., in 1649, Lord Dunfermline went to Holland to attend upon Charles 11., with whom he returned to Scotland the following year. On the ist of January 1650 Wishart writes to Napier that Hamilton, Lauderdale, Dunfermline, Calendar, Sinclair, etc., in Holland, are so ' darned (concealed) that we hear but little of their din. . . . The last two profess good will to Montrose.'4 In writing to the Earl of Lauderdale from Edinburgh on the 5th of September 1657, Lord Dunfermline refers to his having been in Holland seven years previously, and to the ' troubles of these tymes.' He mentions a cabinet which he had left with Lady Lauderdale, ' wherein, besydes some of my best thingis and choise papers, ther was the inventar and contract concerning the impignorating of my other Jewells and plate, without wob I can doe nothing as to the recoverie of thamc' 6 The seal on the letter exhibits a shield with Seton and Hamilton quarterly, surmounted by a coronet. Three years afterwards (21st June 1660), writing to the same noble man from ' Dagatie,' he refers to an unanswered letter ; mentions his sickness since his attendance at Lord Balcarres' funeral as having prevented him from paying his personal respects to the King ; and subscribes ' Your most affectionit vncle and humble servant, Dunfermelyne.'6 A small black circular seal bears his father's favourite device — a cinquefoil within a crescent, surmounted by a coronet. Lord Dunfermline was sworn a Privy Councillor at the Restoration in 1660; and nine years later (2nd November 1669) he was appointed an Extraordinary Lord of Session. On the 3rd October of the same year we find a communication from Edinburgh to the King, signed by Glencairne, Rothes, Tullibardin, Cardrosse, George Mackenzie, James Foulis, etc., relative to a complaint by Alexander Livingstoun, nephew of the Earl of Calendar, 'that the 1 Fraser's Memorials of the Earls of Had- 4 Wishart's Montrose, p. 288. dington, ii. 184. . 2 Historical MSS. Commission, Report xii., , ! Lauderdale Papers, Brit. Museum, 23,113, 1890, p. 17. * f- 6l- 3 Wishart's Montrose, ut supra, p. 169. e Ibid. 23,114, f. 11. THE REV. ANDREW DONALDSON 661 Lord Fyvie had committed a ryot.'1 This must have been Charles, the eldest son of Lord Dunfermline, who predeceased his father Three years afterwards (18th November 1663) Lord Dunfermline, in writing from Edinburgh to Lord Lauderdale, relative to his legal dispute with Lord Calendar, says : < Y' friend y° President of the Session (Sir John Gilmour of Craigmillar), who thinks his word should be a law, though never so unjust, is the cause of all our debates.' Also :— ' My Lord Kinkardme told me anent the treatie of vnion which I tolde zour Lo^ was in my Lord Kingstoune's hand. I am resolued to send to him for it and since it is the principall signed treatie, I would be the more peremtor in it, if you think it fitt that his sacred Ma* would command me to brino- lt vpe. 2 & Six months afterwards (7th May 1664) Lord Bellenden, writing to the Earl of Lauderdale, from Edinburgh, says : ' This day I went expresslie to the Earle Dumfermhng at Degetic He hath been these thrie months with a paine in his shoulder, and now says positivelie that the 20th of this month he will begin his journey towards you, and to that purpose doth keepe Waters with his coatch heir.' 3 In 1664 the Rev. Andrew Donaldson, minister of Dalgety, who had joined the protesting party in the Church, was ejected for not conforming to Episcopacy. His generous benefactor, Lord Dunfermline, who hap pened to be in London at the time, succeeded in obtaining a warrant from the King reponing Donaldson in his charge, but this was afterwards revoked through the instrumentality of Archbishop Sharp. It is reported that Donaldson lived in a building at the west end of the church, supported by presents from the parishioners. ' For eleven years the favour of the Earl of Dunfermline, and the attachment of his people, enabled him to preach the gospel, notwithstanding the opposition of Archbishop Sharp.'4 He subsequently lived at Inverkeithing, and after the Revolution of 1688 he was restored by Act of Parliament to his old position of parish minister of Dalgety. On the 27th of September 1670 the Earl of Tweeddale, writing from Edinburgh, informs Lord Lauderdale that he is 'opressed w* company, the E. of Lithkow and Contes of Wintoune beeng the last.' ' Dum- fermling,' he adds, 'was heir, but went ouer to-day to Sr Jams Hakquet his burial. He intends to begin his journey on Monday or Tewsday com seannight.' 5 About the same date the Earl of Kincardine informs Lord Lauderdale of an adverse decision to Lord Dunfermline in the question of the vassals of the lordship of Dunfermline." In the course of the following year (1671) Lord Dunfermline appears to have been in pretty frequent communication with Lord Lauderdale. On 1 Lauderdale Papers, 23,114, f. 62. * Taylor's Historical Antiquities of Fife, ii. 2 Ibid. 23,120, f. 81. 'Lauderdale Papers, 23,134, f. 133. 3 Ibid. 23,122, f. 27. 6 Ibid. f. 195. 662 LITIGATION TROUBLES the 14th of February he writes to him relative to the death of 'Lord Colvell of Ocheltrie,' and to an application for ' the gift of his ward and marriage to be signed by his Matie.' 1 On the 2nd and 18th of March he communi cates with him regarding the lordship of Dunfermline ; and ten days later, in a letter concerning the differences between himself and his vassals, he alleges that although the names of ' the Lord S' Andrews and the Earle of Argyle ' are inserted in the relative summons, he is confident that this has been done without their knowledge. Finally, in the postscript to a letter dated ' Edinburgh, April 18,' 'concerning his business in the ExcheqV and signed, ' your own Dunfermelyne/ he says : ' Your Lop may easily guesse att the great person here who hath brought me all this trouble, and hath acquitted me well for the lands of Lugton.'2 In the charter-room at Fyvie Castle there is an interesting collection of documents relating to public transactions between 1640 and 1670, in 1 Lauderdale Papers, 23,134, f. 210. 2 Ibid. 23,135, ff. 38, 44, and 52. THE EARL'S PUBLIC SERVICES 663 . fos^^yyA which the second Earl of Dunfermline bore an important part, including letters and instructions from Charles 1., the negotiations between Charles 11. and the Commissioners of the Scotch Estates at Breda, and the gift of the Privy Seal of Scotland ; and in the same repository there are numerous important papers connected with his father, the Chancellor. I happen to possess a thin folio volume, in the original binding, con taining a series of financial transactions, extending from 1637 to 1652, between the second Earl of Dunfermline and the Earl of Calendar and others; including the Earl of Tweeddale, Lord Colvill, Sir John Wauchope of Niddrie, Sir Alex. Langston, Sir James Hope, and the Rev. Robert Bruce. Lord Dunfermline's public services are narrated in an ' Act of exonera tion and approbation' in his favour (22nd September 1641), which declares that he 'heath in all integritie diligence and wisdome above his yeires, from the first begining of the pacification to the cloising thereof, walked woorthie of so great trust . . . and therfor his Matie and Estates of Parlia" , . . doe honnor him w* this ther nationall testimony that he hath deserved 664 TESTAMENT AND MARRIAGE weel of the publict as a loyall subject to the King, a faithfull servant to the Estates of Parlia*, and a true patriot to his cuntric' After alluding to the ecclesiastical vacillation of Lauderdale, Bishop Guthry remarks that ' the Earl of Dunfermline, in his way, went somewhat near to the other. His worthy father had been, by King James, preferred to be Chancellor of Scotland and Earl of Dunfermline, and had also this honour, that King Charles, being then Duke of Albany, was, in his infancy, educated in his family, upon which reasons his Majesty carried with more than ordinary affection to this Earl of Dunfermline, his son, and of late gifted him, for his lifetime, the revenue of the lordship of Dunfermline, reckoned to be about ^"iooo sterling per annum ; yet, notwithstanding thereof, was he so forward in the cause (of the Covenanters) that he had ever been chosen for the prime Commissioner in all the applications they made to his Majesty, which was a trust they would not have put upon any, anent whom they had not a certain persuasion that he was fixed that way.' 1 Although Lord Dunfermline appears to have entered pretty cordially into the earlier movements of the Covenanters, he is said to have gradually veered round to^ the side of the Royalists. Possibly his marriage to the daughter of Lord Morton — a devoted Royalist — may have helped to bring about the change. The testament-dative and inventory of the goods, etc., of ' umquhile Charles, Earl of Dunfermling,' who died 167-, faithfully made and given up by Arthur Robertson, servitor to 'Alexander, now Earl of Dun fermling,' and only executor-dative surrogate to him, shows the sum of debts owing to him to amount to jmvjcxlvijlib 1 2a To be divided in two parts — his part is . . . viijcxxiijlib 16s Quota 32lib. — Confirmed 29th January 1675, Thomas Ker, writer in Edinburgh, being cautioner.2 By his wife, Lady Mary Douglas (who died at Fyvie about 1659), third daughter of William, seventh Earl of Morton, — besides other daughters, who appear to have died young or unmarried, and Lady Henrietta (Grizel ?), married, first, in 1670, to William, fifth Earl of Wig- ton, and secondly, to William, sixteenth Earl of Crawford — he had three sons : — 1. Charles, Lord Fyvie, already re ferred to, born 1640, and killed in a sea- fight against the States of Holland in 1672. 2. Alexander, third Earl of Dun fermline. 1 Memoirs of Scottish Affairs, second edition, p. m. Edinburgh Testaments, vol, lxxv, ALEXANDER, THIRD EARL 665 3. James, fourth and last Earl. The second Earl of Dunfermline died at Seton Palace before 14th January 1673, and 'was noblie interred att his burial place in Dalgaty.'1 He was succeeded by his eldest surviving son, 3. Alexander, third Earl of Dunfermline, born 1642, succeeded his father early in 1673, and died at Edinburgh about two years afterwards, at the early age of thirty-three. Among the Lauderdale Papers in the British Museum 2 is a letter to King Charles 11., dated 'Edinburgh, 2 February 1675,' and signed by George, fourth Earl of Winton, and sixteen others, including ' Rothes, Cancell.,' 'Atholl,' 'Douglas,' and 'Argyll,' relative to certain advocates 'debarred from their imployment,' which is accompanied by a series of ' Observations ' on the same subject, extending to twenty-one folio pages, in which the ' Processe at the instance of the Earle of Dunfermling against the Earle of Calendar and the then Lord Almond ' is fully described, and many reasons stated why an appeal against the decision in Dunfermline's favour should not be allowed ; and also a further statement — extending to nine folio pages — which concludes by referring to the ' wilfullness and way wardness ' of the debarred advocates, who appear to have been counsel for Lord Calendar. In the Register of Edinburgh Testaments (vol. lxxvi.) we find an entry relative to the testament-dative and inventory of the goods, etc., of ' umquhile Alexander, Earl of Dunfermling,' faithfully made and given up by Robert Hamilton of Presmennan (designed ' of Beill ' in a bond there in narrated), only executor-dative decerned as creditor to the defunct. The said Alexander had pertaining and owing to him, at the time of his death, by Alexander, Earl of Calendar, ' as due by him by virtue of the process, and on the event thereof, depending against him at the instance of the said Earl of Dunfermling, for the moveables taken out of the house of Pinkie, pertaining to the late Countess of Dunfermling, the defunct's grandmother, and for the bygone rents and duties of the half of the con quest acquired by umquhile James, Earl of Calendar, uncle to the said Alexander, now Earl of Calendar, during the lifetime of the said late Countess of Dunfermling, spouse to the said James, Earl of Calendar, or of the worth and value of the moveable goods, etc., in and about the houses of Dalgatie and Fyvie, or either of them, or out of the plate, Jewells, etc., which pertained to the deceased Earl of Dunfermling in his cabinet, within his lodging in the Canongate or other places, and particularly of what interest he has had in the Royal Society of Fishing ; and what sums the said deceased Earl of Dunfermling paid to James Fleming, late bailie of Edinburgh, of the debts due by Lord Kingston, etc' 1 Lord Kingston's Continuation of the History 2 23,137, f. 27. of the House of Seytoun, p. 67. 4P 666 JAMES, FOURTH AND LAST EARL Sum of debts owing to him Amount of free year vj ;m lib jlib viii:; iiiid viij°xxxvjllb XIIIs lllj Confirmed 13th February 1679, James Hamilton, burgess of Edin burgh, being cautioner. . As the third Earl of Dunfermline died unmarried in 1675, he was succeeded by his brother, 3 (a). James, fourth Earl of Dunfermline, who was probably born in 1644. Lord Kingston states that the fourth Earl was left by his father and brother in considerable debt ; ' but, by his vertuous wise carriage, he hes extricat himselfe of the greatest part of that trouble ; and by his good and wise manadgment not only preserves, but improves his estate, to his great commendation and honour.'1 In his younger days Lord Dunfermline served in several memorable expeditions with the Prince of Orange. On his accession to the title he returned to Scotland, and had a charter of the lordship of Urquhart in 1684. His marriage took place two years previously (1682), as appears from the relative contract between 'James, Earl of Dumfermling, and Lady Jean Gordon, daughter of the deceased Lewis, Marquis of Huntly, with consent of George, present Marquis, her brother,' whereby Lord Dunfermline infefts Lady Jean in the liferent of his lands of the lordship of Fyvie, while Huntly provides a dowry of 15,000 merks.2 Lord Dunfermline attached himself to the cause of King James vn., and com manded a troop of horse, under Viscount Dundee, at the battle of Killiecrankie in 1689. Dundee thus refers to him in a letter to the Earl of Melfort, dated ' Moy of Lochaber, June 27, 1689': 'Earl of Dunfermling stays constantly with me, and so does Lord Dunkell, Pitcur, and many other gentlemen, who really deserve well, for they suffer great hardships.'3 In a ms. in the Advocates' Library, entitled Pourtrait of True Loyalty, it is stated that Lord Dundee waited at the cairn of Mounth till Mackay was within eight miles, and then marched back towards Gordon Castle, where he was joined by the Earl of Dunfermline (the Duke of Gordon's brother-in-law), and forty or fifty gentlemen, chiefly vassals of the 1 Continuation of the History of the House of Seytoun, p. 68. 2 Richmond and Gordon Writs. 8 Letters of fohn Grahame of Claverhouse, Viscount of Dundee, p. 50 ; Bannatyne Club, 1826. BATTLE OF KILLIECRANKIE 667 Duke, who was obliged to remain in Edinburgh to defend the Castle. Among other papers relative to the period specified in the Inventory of the Richmond and Gordon Writs, is a list of twelve horses, with their respective values — one of them, called ' Cumberland,' being valued at 100 guineas — belonging to the Duke of Gordon, and ' taken out of Gordon Castle by the Earl of Dumfermling from Charles Innes of Drumgaisk, his Grace's gentleman of horses, and William Gordon, the groom.' Lord Dunfermline's social position and military reputation were such that, after the death of Dundee, he would have received the command, but for the unwelcome commission produced by Colonel Cannon. Several of the chiefs were strongly opposed to Cannon, and gave their voices for Lord Dunfermline, as the nobleman of most influence of any then attached to the Stuart cause. The matter could not be determined till they communicated with the King in Ireland, who, with his usual infatuation, decided in favour of Cannon.1 In Mr. Murdoch's edition of The Grameid, to be afterwards referred to, he says : ' Colonel Alexander Cannon assumed the command of the Jacobite army on the death of Dundee, and proved himself unequal to the post.' He also says : 'Sir William Wallace of Craigie, by an unfortunate job of his brother-in-law Melfort, produced a commission to command the cavalry at Killiecrankie, and superseded Lord Dunfermline, by far the better man.' In referring to Killiecrankie, Macaulay states that half an hour after his gallant leader fell from a stroke of a musket-ball, ' Lord Dunfermline and some other friends came to the spot and thought that they could still discern some faint remnants of life, when the body, wrapped in two plaids, was carried to the Castle of Blair.' Lord Dunfermline is lauded by the author of Prcelium Gilliecran- kianum in the following lines : — ' Nobilis apparuit Fermilodunensis Cujus in rebelles stringebatur ensis ; Nobilis et sanguine, nobilior virtute, Regi devotissimus intus et in cute.' He is also referred to in The Grameid, an heroic poem, descriptive of Viscount Dundee's campaign in 1689, by James Philip of Almerieclose (1691):2- ' Ulic prEecipitem Spejse prope flumims undam Fermelodunus adest, stipatus robore gentis Gordonise, socia arma ferens, atque agmina jungens. hinc Dundius, illinc Fermelodunus agit niveas in preelia turmas. 1 See Hogg's facobite Relics of Scotland, p. in 1888. 201. Mr. Murdoch says in a note : 'I have trans- 2 Edited, with translation, introduction, and lated incentiva " the Set on " in compliment to notes, by the Rev. Alexander D. Murdoch, Lord Dunfermline whose war-cry, as a Seton. F.S.A. Scot., for the Scottish Historical Society, was " Set on" ! ' 668 DEATH OF THE FOURTH EARL Gramus ab excelsi speculatus vertice montis, jubet incentiva sonari Classica.' [There, by the headlong waters of the Spey, Dunfermline meets him (Dundee), bringing with him some strength of the Gordon clan to join the standard. . . . Here Dundee, there Dunfermline, moves out his snowy squadrons for the war. . . . The Graham, looking from the hill-top, bids the trumpet sound the 'Set on.'] In the mss. of S. H. le Fleming at Rydal Hall1 there are several references to Lord Dunfermline. Thus: 'From Edinburgh, Aug* 26th 1690, we hear that a party of rebels, numbering 250, attacked Lord Cordresse's house, where there was a company commanded by Captain Gordon. He seeing but 50 of them, marched out and fell upon them. But the rest, who were in ambuscade, attacked his rear, killed some of our men, and took the Captain prisoner. General Mackay, hearing that the enemy were decamped in three bodies, fell upon them, took seven or eight prisoners, killed about 200, and re-took Captain Gordon. It is said the Earls of Buchan, Dumfermline, and other persons of note were killed.' 'September 20, 1690. Newsletter, Edinburgh 13th. The rebels, it is said, are fallen upon the town of Dunkeld, and have a design upon Perth, but the Earl of Dunfermline is marching towards them with the forces from Stirling.' 'April 4, 1691. Newsletter, Edinburgh, March 28. Our letters of the 2 ist from Elgin say that the Earl of Dunfermline and Colonel Cannon, with a small party, came down upon James of Cockstoune's lands, in the shire of Moray, on the south side of the river Spey, where, missing him, they carried off all the cattle and sheep they could get.' The movements of Dunfermline and Cannon are referred to by Sir George Mackenzie in his MS. Account of Scottish Families. ' The Earl of Dunfermline,' he says, 'hes been since the Revolution, 1689, in the hills w* Buchan and Cannon, and is now in ffrance w* them w* K. J. 7.' 2 Outlawed and forfeited by Parliament in 1690, Lord Dunfermline followed the King to St. Germains, where he was invested with the Order of the Thistle. The following letter is given, from the ' Denbigh Collec tion,' in the seventh Report of the Royal Commission on Historical mss. : ' J'ai apris ce soir que my Lord Dunferlin est arivee de Paris en Ecosse avec des armes quelque argent et quelques officiers pour tacher de reveiller le reste du party abatu, fi Decembre 1691, Vendredi.' Lord Dunfermline died at St. Germains, without issue, 26th December 1 694, about the age of fifty, when the representation of the family appears to have devolved upon the Setons of Barns.8 The following reference to the fourth Earl of Dunfermline occurs in the Preface to the Secret Services of John Macky, Esq. (1733): 'The Lords Dumferling, Dundee, Dunkel ; Colonels Cannan, Graham, and 1 Historical MSS. Commission, Report xii., 2 Small 4to (12,464), in the British Museum. 1890, pp. 288, 293, and 324. a See No. xvii. supra. INGRATITUDE OF JAMES VII. 669 several other Protestants, having forfeited their estates and families, retired into France ; as also did the Colonels Buchan, Maxwell, Wauchop, and some other Popish gentlemen ; but when they came to St. Germain, the Papists were immediately preferred to considerable posts, both in the French and Irish armies, while the Protestants, tho' their merit w^s greater, were exposed to all imaginable hardships and contempts. My Lord Dumferling and Colonel Cannan are too illustrious examples of King James's ingratitude to be here passed by. The Earl, thro' a mistaken notion of loyalty and honour, had sacrificed his worthy family and a plentiful estate to follow that Prince in his misfortunes ; and it must be granted that such a proof of loyalty deserved some kind returns, yet, hap pening to quarrel at St. Germain with one Captain Brown, a Papist, about a trifle, the Captain was encouraged and countenanced in his quarrel by the Court, and made commander of a company of Scots, Reformed officers in Catalonia, whilst this noble Lord was despised for his adhering to his religion. This ill-treatment broke his heart, and he sunk under the weight of his hard fate, at St. Germain. His misfortune lasted longer than his life ; for notwithstanding his merits, sufferings, and the interest made by his friends, he could not obtain a Christian burial ; and his corps was hid in a chamber, till an opportunity was found of digging a hole in the fields in the night, where they thrust him in.' In referring to the Court of James vn. at St. Germains, Lord Macaulay says : — 'James seems to have thought that the strongest proof of kindness which he could give to heretics who had resigned wealth, country, family, for his sake, was to suffer them to be beset, on their dying beds, by his priests. If some sick man, helpless in body and in mind, and deafened by the din of bad logic and bad rhetoric, suffered a wafer to be thrust into his mouth, a great work of grace was triumphantly announced to the Court ; and the neophyte was buried with all the pomp of religion. But if a royalist, of the highest rank and most stainless character, died professing firm attachment to the Church of England, a hole was dug in the fields, and at dead of night he was flung into it, and covered up like a mass of carrion. ' Such were the obsequies of the Earl of Dunfermline, who had served the House of Stuart with the hazard of his life and to the utter ruin of his fortunes, who had fought at Killiecrankie, and who had, after the victory, lifted from the earth the still breathing remains of Dundee. While living, Dunfermline had been treated with contumely. The Scottish officers who had long served under him had in vain entreated that, when they were formed into a company, he might still be their commander. His religion had been thought a fatal disqualification. A worthless adventurer, whose only recommendation was that he was a Papist, was preferred. Dunferm line continued, during a short time, to make his appearance in the circle which surrounded the Prince whom he had served too well : but it was to no purpose. The bigots who ruled the Court refused to the ruined and 670 ARMORIAL BEARINGS expatriated Protestant Lord the means of subsistence : he died of a broken heart, and they refused him even a grave.'1 From the deposition of Lieutenant John Nisbet, of Viscount Ken- mure's regiment of foot, embraced in the process of forfeiture against the representatives of Lords Dundee and Dunfermline, it appears that ' he saw the Earle of Dumfermling in armes after the fight at Kellachranky . . . and being interrogat of what stature and visage the sd Earle wes, Depones he was a midle-sized man, weel favoured, and high nosed.'2 It would seem, therefore, that the fourth Earl bore a strong resemblance to his father, whose aquiline nose forms a very prominent feature in his medallion in the British Museum, as well as in his portrait at Yester. Armorial Bearings. Quarterly : ist and 4th, or, three crescents within a royal tressure, gules, for Seton ; 2nd and 3rd, argent, on a fess, gules, three cinquefoils of the first, for Hamilton. Supporters — two horses at liberty, argent. Crest — a crescent, gules. Motto—' Semper.' 3 Before adopting the quarterly arrangement, the first Earl of Dunferm line appears to have first carried the paternal coat of Seton, and afterwards Seton and Hamilton in a combined form, thus : or, on a fess above three crescents within a royal tressure, gules, as many cinquefoils, argent. Four of his seals are engraved in this work. 1 History of England, chap. xx. made to the stature of the Dunfermline family. 2 Acts of the Parliament of Scotland, 1690, 3 This is the blazon given at p. 28 of a large App. p. 56. folio MS. in the British Museum (Bibl. Harl. In a subsequent Appendix reference will be 1423), entitled Scotlands Nobility and Gentry. KYLESMURE BRANCH 671 XIX. Kylesmure HE fifth and youngest son of George, seventh Lord Seton, was 1. Sir William Seton of Kylesmure, who was born in 1562. Lord Kingston describes him as 'a brave man, and for some years chiefe justice in the south border of Scotland. After King James was King of England, he was one of his Majesties master-household, and master of the Posts of Scotland, for both which he had a pension of King James and King Charles the First.'1 On the 20th April 1588 there is a confirmation by the King of a charter by ' William Seytoun, lawful son of the late George, Lord Seytoun,' to William M'Kie in Kirriquhirne and Margaret Mure his spouse, of the lands of Kirriquhirne, Wigtonshire.2 About the same date (at Holyroodhouse, 8th February 1587-8) we find a charter by the King to ' William Setoun, brother-german of Robert, Lord Setoun,' of numerous lands in the lordship of Galloway * under Cree,' stewartry of Kirkcudbright, as well as of others in the same lordship ' above Cree,' in the shire of Wigton, — with manors, fortalices, mansions, mills, and fishings ; holding of the King in feuferme.3 1 Continuation of the History of the House of Seytoun, p. 68. 2 Great Seal Register, Lib. xxxvii., No. 197. 3 Ibid. No. 51. 672 SIR WILLIAM SETON The said William Setoun resigned the lands of Meikle Sanrick or Dunrod Sanrick to James Charteris, son and heir of Robert Charteris of Kelwode (old native tenant of the lands), on which the King granted charter, 12th July 1588.1 Three years afterwards (5th March 1 591-2) there is a confirmation by the King of a charter by ' William Seytoun, brother-german of Robert, Lord Seytoun,' to John Seytoun of Barnis, Knight, of the half of the lands of Quhytepark and others, in the lordship of Galloway below Cree, and of Aultoun and others above Cree, with manors, castle, etc.2 On the 14th of December 1591, Sir Patrick Vans of Barnebarroch, Knight, one of the Senators of the College of Justice, renounces to and in favour of the Right Honourable William Seytoun, brother-german to Robert, Lord Seytoun, ' all and whole the 5 merkland of Clawchrie, lying in the parish of Kirkinher and sheriffdom of Wigton, in consideration of certain sums of money paid and delivered to him by the said William.' 3 At Holyroodhouse, 23rd January 1597-8, there is a letter of gift to * Sir William Seytoun of Kylesmure, Knight,' of the escheat of Alexander Simsoun, burgess of Haddington, now in the King's hands, through the said Alexander being put to the horn on 8th October last, by virtue of letters raised against him at the instance of William Naper, merchant- burgess of Edinburgh, for non-payment of ^258 ; and about five years afterwards (15th December 1602) special licence is granted to him 'to transport furth of this realm 40 lasts of tallow, to the parts of France, or any other parts beyond sea, that he shall think most expedient, for his best profit, for his trouble and the great debt he sustained in bringing of certane number of craftsmen clothiers, for the great benefit of his native country in the perfection of that art and making cloth, etc.'4 On the 4th December 1609 we find confirmation of a charter granted by Patrick Home of Garvaldgrange, with consent of Jean Ogill his spouse, and of Marion Sleich his mother, to Sir William Seytoun of Kylesmure, Knight, and Lady Agnes Stirling his spouse, of the lands of Garvaldgrange, kirklands of Garvald, etc., in the constabulary of Had dington and sheriffdom of Edinburgh, to be holden of the King in place of the monastery of Haddington.5 Two commissions were issued at Greenwich by King James vi., on the 15th of June and the ist of July 161 1, of which the first appointed Sir William Seton of Kylesmure and three others Justiciaries over the border counties ; while under the second he was nominated one of eight Com missioners, for both kingdoms, to settle and establish peace on the borders.6 Two letters from Sir William Seton to Thomas, Lord Binning, in 161 6, turn up in Fraser's Memorials of the Earls of Haddington? On 1 Great Seal Register, Lib. xxxvii. No. 156. 6 Great Seal Register, Lib. xlvi. No. 27. 2 Ibid. Lib. xxxviii. No. 7. f> Fraser's Memorials of the Earls of Had- s Register of Deeds, Scott Office, xl. 91. dington, i. liv. 4 Privy Seal Register, lxix. 201, and lxxiii. 131. ' ii. 129, i. 125, and ii. 131. POSTMASTER-GENERAL, ETC. 673 the 10th of February he writes, as Sheriff of Edinburgh, with reference to rewards for his services, and incidentally mentions the funeral of his sister Margaret, wife of Lord Claude Hamilton. Seven days later he indites a communication respecting the cattle-stealing propensities of the Borderers, and gives an account of an Assize Court held at Peebles, which dealt with forty-one culprits, of whom twenty-one were hanged, four banished, and sixteen outlawed for non-appearance. He expresses much concern at having to execute so many ' propper men, als featt be appearance for better service as was in the land.' 'It is,' he says, ' ane pietie of the greitt bowtcharie we mak of prettie men. We greive in our actiouns, abhoris the crweltie of our executiounis, and ar eschamed of our service in regaird of the littell amendement in the cuntrey.' On the 9th of January 1617 Sir William's 'absence and not com- peirance to accept the schirefship of Hadingtoun is excuisit and continewit to Tyesday next' ; and the following year (18th June 161 8), as one of the Masters of Household, he receives £1000 for services during the King's visit to Scotland.1 Sir William Seton is named a ' counsallour ' in the Latter Will of ' James Erie of Abercorne, etc., the tyme of his deceis, quha deceist w*in the parochin of Mounktoune, vpon the xxiij day of Merche, the yeir of God Jajvj" and auchtein yeiris : — ' I ordane, etc., and that be the advys and counsall of Alexr erle of Donefermeling, James marqueis of Hamiltoune, Wm erle of Angous, Alexr erle of Eglintoune, George erle of Wintoune, Johnne vicount of Lader, Hew Lord of Loudoune, Thomas Lord of Bynning, and Sr Wm Seytoune of Kylismuir, Knicht, my most affectionat vncle, or the maist pairt of thame only for the tyme.' 2 Two years later (1620), as Postmaster-General, Sir William Seton pursues the several postmasters of Colbrandispeth, Haddingtoun, and Canon- gate for various kinds of mismanagement ; and owing to the non-appear ance of the defenders the Lords direct the Treasurer and Receiver of his Majesty's rents to pay in future to the pursuer and his successors in the service the fees of the said postmasters and their successors, that he may pay according to the service done — always finding caution to the post masters for payment of their fees ' according to the tymes of thair service and thair behavioure and cariage thairintill.' 3 Towards the end of the same year, Sir William appears to have made an unsuccessful complaint against the burghs of Burntisland and Kinghorn for infringements of his patent for the supply of post-horses throughout the kingdom.4 In November 162 1, Douglas of Cavers is summoned for speaking irreverently of Sir William Seton, and four months later (18th March 1622), 1 Register of Privy Council, edited by Pro- 3 Register of Privy Council, xii. 82 and 365. fessor Masson, xi. 4 and 387. 4 Ibid. 389. 2 Conf. Sept. 2, 1620, Com. Rec. of Glasgow. 4Q 674 SIR WILLIAM, SECOND OF KYLESMURE along with the other commissioners, he is requested to take steps for the repression of theft and other crimes on the Border.1 By his wife, Stirling, ' daughter to the House of Glorat, Sir William Seton had two sons and three daughters : — i. William, who succeeded his father. 2. John, 'ane officer in France, wher the said John dyed.' Of the three daughters (whose Chris tian names do not transpire), the eldest married ' Fairly, barron of Bred ';3 and the second Sir John Auchmouty of Gosford, Groom of the Bedchamber, as mentioned in a letter, written in 1616, from Anna, first Countess of Alexander, sixth Earl of Eglinton, to the wife of John Murray, afterwards Earl of Annandale.4 According to Lord Kingston, Sir William Seton ' dyed of 73 years of age, in his house att Haddington, anno 1634; and was buried in the colledge kirk of Seton.'5 From the record of his testament, however, it appears that he died in July 1635 ; that his executor-dative was William Seton, his eldest lawful son ; that the sum of his inventory was vjclxiiijlib vjs viijd ; that no debts were owing to him ; and that among the debts due by him was one to Sir John Seton of [Barns?] for the ferme of his land 'occupied by the defunct of jc lib.' The testament was confirmed 6th August 1636, George Forrester, postmaster in Haddington, being cautioner.6 2. Sir William Seton, second of Kylesmure, succeeded his father as Master of the Posts in Scotland, during his life time. This appears from a charter by the King, dated at Theobald's 2nd April 1623, constituting 'William Seytoun of Grange, eldest son of Sir William Seton of Kylesmure,' his Majesty's Chief Postmaster, which office was vacant by the demission of the said Sir William ; with power, 1 Register of Privy Council, xii. 650, 672 et seq. 2 Sir William Seton's marriage is not men tioned by Mr. Joseph Bain in the privately printed account of The Stir lings of Craigbernard and Glorat ; but at p. 26 of that work reference is made to the marriage (in 1657) of Sir George Stirling, first Baronet of Glorat, to Mary, daughter of ' Sir George Seaton of Haillis,' by whom he had an only child, Mary, married to James Stirling, brother-german to the Laird of Keir. 3 ' The Fairlys of Braid seem to be quite dis tinct from the more ancient family of Fairly of that ilk, near Largs, in Ayrshire ; and are said to be derived from a natural son of one of the Stewart kings. Robert Fairly of Braid will be remembered by his friendship to John Knox.' — Notes to Maitland's House of Seytoun, p. 101. 4 Letters and State Papers of the Reign of fames VI., p. 289. * Continuation of the History of the House of Seytoun, p. 68. 0 Edinburgh Testaments, lvii. ARMORIAL BEARINGS 675 after the decease or deprivation of the present under-postmasters, to appoint others, or to remove and deprive them ; with a fee of ^soo.1 Two years later (Whitehall, 26th May 1625) there is another charter by King Charles the First, ratifying a grant to Sir William Setoun, knight, and after his death to William and John, his sons, of a yearly pension of ,£1200; also ratifying the gift of the Postmastership and fee of ^500, already mentioned.2 The second Sir William Seton never married. ' He dyed of good age, in anno 1662 : and was buried in the colledge kirk of Seton.'3 Armorial Bearings. Or on a chevron azure a cinquefoil of the first between three crescents, all within a royal tressure gules. — MS. Book of Blazons in the Lyon Office, bearing the name of 'John Stacey, Ross Herald, 1682.' I have been unable to ascertain what Crest and Motto were carried by this branch of the family. 1 Great Seal Register, ii. 303. 3 Lord Kingston's Continuation, p. 69. 2 Ibid. ii. 381. 676 EGLINTON LINE XX. Eglinton (Seton-Montgomerie) HE importance of this distinguished branch of the family has been materially increased since it came to be regarded as inheriting the representation of the House of Seton, after the failure of the King ston and Garleton branches in the male line. It must be borne in mind that, like several of the cadets who adopted other surnames, the Earls of Eglinton, since the beginning of the seventeenth century, though nominally Montgomeries, have been really Setons, and hence their claim to the headship of the great historic House. Upwards of thirty-five years ago (1859) two sumptuous quarto volumes, entitled Memorials of the Montgomeries, Earls of Eglinton, were compiled by Mr. (now Sir) William Fraser for the thirteenth Earl of Eglinton ; and accordingly a comparatively brief record of this line of the family seems to be all that is required in the present work. Besides an elaborate Preface, the first of these volumes embraces an account of the Seton Earls and their cadets, extending to upwards of one hundred pages, followed by a highly interesting series of letters, 332 in number, which nearly all relate to the Seton portion of the pedigree. Besides several miscellaneous illustrations in the shape of views, coats of arms, etc., the volume contains engravings FAMILY CORRESPONDENCE 677 of twenty-one family portraits,1 collected from Auchans, Skelmorlie, and elsewhere, which are all connected with the Seton Earls. The second volume (424 pages) is entirely occupied with upwards of 250 charters and other family papers, ranging from 11 70 to 1728, of which the large majority relate to the Montgomerie Earls. Besides numerous engravings of seals, it contains an extensive series of facsimile signatures. The letters may be roughly classified under the two heads of historical and domestic ; but not unfrequently the same effusion exhibits a curious combination of both characteristics. Some of the most interesting letters of the former class (which include fourteen royal epistles) are addressed to Alexander, sixth Earl of Eglinton ('Greysteel') — the first of the Seton Earls, — who, as we shall afterwards see, took a very prominent part in public affairs during the reigns of Charles 1. and 11. Among the occasional writers are the Marquis of Argyll, General Dalzell of Binns, General Monk, Zachary Boyd, Archbishop Sharp, Samuel Rutherford, Bishop Burnet, and Jeremy Taylor. A considerable number of the Seton letters are from Alexander, sixth Earl of Eglinton, his Countess Anna Livingstone, his brother George, third Earl of Winton, and his uncle Alexander, first Earl of Dunfermline ; while others are from Lady Isabella Seton, Countess of Perth, Sir William Seton of Kylesmure, Sir John Seton of Barns, Margaret Montgomerie, Dowager Countess of Winton, and Susanna Kennedy, Countess of Eglinton. The Countess of 'Greysteel' addresses her absent Lord respecting 'home affairs,' while he affectionately assures his 'sueitteste herte' of his speedy return. A present of aquavitce, and children's colds and fevers, form the subjects of a letter to another Countess from her mother-in- law ; my Lord Winton writes to his brother Eglinton regarding an exchange of dogs, and the Queen's death ; the Earl of Cassilis announces the demise of his 'deir bedfellow'; and Sir Robert Montgomerie of Skel morlie entreats his uncle's forgiveness for the ' crime ' of marrying without his knowledge. The quaint and touching simplicity of nearly all these letters could hardly be surpassed. The mixture of affection and formality in the style of address is also very curious. Thus, in the case of a wife to her husband, ' My dearest sweet hert ' — heart being sometimes rudely drawn instead of written — concluding, 'Yours most dewtifullie affectionat whilst I live,' and addressed, ' To my lord and well-beloued husband, the Earlle of Eglintoun.' Again, a mother to her son, commencing, ' My verie goode lord and loving sone,' and concluding, 'Your lordship's most loving mother at power,' with the address, ' To my verie honorable lord and loving sone the Earle of 1 In his Preface the Editor states that ' whilst gardener's house at Weirston. The house was the present Castle of Eglinton was being built, accidentally burnt, and the portraits perished in the portraits of the family, which had beep in the conflagration.' the old castle, were removed to a loft in the 678 THE SETON EARLS Eglintoun.' Postscripts then, as now, are by no means uncommon, par ticularly in the case of ladies' letters ; while the large, distinct, and elaborate signature of most of the writers forms rather a striking contrast to the shabby and frequently illegible subscription of the present day.1 By an arrangement between the families of Eglinton and Winton it was agreed that the third son of the Countess of Winton, who was the nearest heir of Hugh Montgomerie, fifth Earl of Eglinton,2 should be his successor in the Earldom. Accordingly, on the 28th of November 161 1, a Crown charter was obtained in favour of that Earl, whom failing, to Sir Alexander Seton of Foulstruther, Knight, third son of Lady Margaret Montgomerie, Countess of Winton, and others, and their respective heirs- male, of the barony of Kilwinning and the Earldom of Eglinton, which, on the death of the fifth Earl on the 4th of September 16 12, were then trans ferred to the Seton family. THE EARLS OF EGLINTON OF THE HOUSE OF SETON 1. Alexander, sixth Earl of Eglinton, third son of Robert Seton, first Earl of Winton, and Lady Margaret Montgomerie, was born in 1588, and appears to have been provided, at an early age, with the lands of Foulstruther and St. Germains, in the county of Haddington. On the 20th October 16 12 he was served heir to the Earldom of Eglinton before a distinguished inquest, but the King (James vi.) challenged the transmission of the honours without the royal sanction, and for a time declined to acknowledge Sir Alexander as Earl of Eglinton ; while the Court interfered with his rights of property, the lord ship of Kilwinning having been granted to Sir Michael Balfour of Burleigh by Act of Parliament. After repeated remonstrances, Sir Alexander found his way to the Earl of Somerset, the King's chief favourite, and boldly demanded justice. Though unskilled in the subtleties of law, he led Somerset to understand that he was acquainted with the use of the sword ; and from his spirited conduct on the occasion the Earl obtained the sobriquet of ' Greysteel,' by which he is still known in family tradition. Through the influence of his distinguished uncle, Chancellor Seton, the King was ultimately induced to relent, and formally to recognise Sir Alexander as Earl of Eglinton, who duly acknowledged a ' gracious and princelie letter' from his 'maist sacred soueraine,' announcing his reception into royal favour. Under the title of ' Staite bussines for ye zeirs 161 2 and 1613' (Adv. Lib. ms. 33. 1. 1) is a beautifully written letter of the Earl's 1 Abridged from the author's Gossip about tional 26,676), it is said : ' They be of stomack Letters and Letter- Writers (1870), pp. 20 et stoute and hardie, enemies sometime to the seo- , house of Glencarne and Boyde. They have 2 In the notice of Montgomery, Erie of Eglin- matched with the houses of Argile, Leuinox, ton,' contained in a curious MS. in the British Ardkinglas, Cadder, and others— his power of Museum entitled 'Arms and Pedigrees' (Addi- himselfe not great' ALEXANDER, SIXTH EARL 679 relative to his title, beginning 'maist noble and maist honorable eood Lords.' s For nearly half a century 'Greysteel' enjoyed his titles and estates, and appears to have continued in favour with James vi., being present at his funeral on the 7th of May 1625. During the troubled reigns of the 'martyr king' and his gay successor, the Earl took an active part in public affairs, and, contrary to the traditions of his House, was a zealous supporter of the Covenanters. On the occurrence of the Irish rebellion in 1641 the Earl commanded the troops which were sent to protect the Scottish settlers, and after his return he fought under the united armies of Parliament and the Covenant. In their early movements he was associated with Cassilis and Rothes. ' He took part as a ruling elder in the Assembly which framed the Solemn League and Covenant, and voted in the Parliament which surrendered the King to the English.' 1 His bravery at the battle of Marston Moor 1 Wishart's Memoirs of Montrose, translated by Murdoch and Simpson, p. 121. 68o BATTLE OF MARSTON MOOR (where his son and successor fought as a Royalist) is specially referred to in one of Robert Baillie's letters. ' The disadvantage of the ground,' he writes, 'and violence of the flower of Prince Rupert's horse, carried all our right wing doune ; only Eglintoune keeped ground there, to his great loss. His lieutenant, Cronner, a most brave man, I fear shall die, and his son Robert be mutilate of ane arme.'1 It was, however, from no feeling of disloyalty that the Earl and his friends of the Covenant opposed the King in civil war. His distress at the cruel execution of his Sovereign was openly indicated, and it was chiefly by the exertions of the Covenanting noblemen that Charles ii. was restored to the throne of his ancestors. On the King's arrival in Scotland in 1650 Lord Eglinton was one of the first to give him a warm welcome, and soon afterwards he obtained the appointment of Captain of the Royal Horse Guards. In 1651 he was surprised at Dumbarton by a party of English, and remained in prison till the Restoration.2 Judging from the terms of the family letters, the domestic life of ' Greysteel ' appears to have been a very happy one. The tenderness of his affection, and his consideration for the young, frequently crop up in his corre spondence. His frequent allusion to the want of money is supposed to have given rise to two prayers or proverbs which have been attributed to him : ' God send us some money, for they are little thought of that want it ' ; and ' God keep all gear out of my hands, for if my hands once get it, my heart will never part with it.' Although derisively called the ' pious Eglinton,' there seems to be little doubt that his religion was heartfelt and genuine. He died at Eglinton Castle on the 14th of January 1661, aged seventy-three, having been twice married — first, on 22nd June 1612, to Lady Anna Livingstone, eldest daughter of Alexander, first Earl of Linlithgow, and for some time a maid of honour to Anne of Denmark, Queen of James vi., by whom he had five sons and three daughters : — 1. Hugh, seventh Earl of Eglinton. 2. Sir Henry Montgomerie of Giffen, born 26th June 16 14, and baptized 21st August, ' the Quein's Majestie being his god-mother.' He was a student at the L,y University of Glasgow in 1628, and ;/ travelled on the Continent four years after wards. He married, in 1640, Lady Jean NlP" Campbell, sister of Archibald, Marquis of Argyll, and relict of Robert, first Viscount Kenmure, but 'died without heirs,' 3rd May 1643. 1 Baillie's Letters, ii. 174. Wishart, ut supra. •GREYSTEEL'S' TWO MARRIAGES 681 3. Alexander, born 8th November 16 15. Like his brother Henry, he was educated at Glasgow, and travelled with him in France. He was a Colonel in the Scots army acting against the Irish rebels, and died unmarried in July 1642, leaving an illegitimate daughter, Katherine. 4. Colonel James Montgomerie of Coilsfield, ancestor of the present Earl of Eglinton. 5. Robert, who adopted the military profession, and was severely wounded at the battle of Marston Moor in 1644. Six years afterwards (31st July 1650) he defeated the English under Cromwell, near Mussel burgh, and behaved with great gallantry at the battle of Worcester. He was imprisoned in Edinburgh Castle in 1654, and made his escape in 1658, finding his way to the south of France. Notwithstanding an intimated resolution to lead a single life, General Montgomerie married, in 1662, Elizabeth Livingstone, daughter of James, Viscount Kilsyth, by whom he had a daughter and two sons (Alexander and James), who all appear to have died without issue. Law relates a curious case of witchcraft which occurred at the house of General Mont gomerie in Irvine.1 6. Lady Margaret, born 20th February 16 17, married first, in 1642, John, first Earl of Tweeddale (as his second wife), and had one son, William Hay of Drummelzier. Robert Baillie, who was minister of Kilwinning at the time of the marriage, gives a graphic account of the attendant festive excesses, besides deploring the presence of Lord Seton, Lord Semple, and ' other papists.' 2 Lady Margaret married, secondly, William, ninth Earl of Glencairn, by whom she had no issue. She died at Edinburgh, 27th January 1665, in her forty-eighth year. 7. Lady Helenor, born 26th July 161 8, and died young. 8. Lady Anna, died unmarried in 1649. Anna, Countess of Eglinton, died 1 2th November 1632, and was buried at Kilwinning, ' without ceremony of armes, and a preaching was made' 3 The sixth Earl married, secondly, Margaret, daughter of Walter, first Lord Scott of Buccleuch, and widow of James, sixth Lord Ross, by whom he had no She died at Hull, where the Earl 5th October 1651, and her body, after being embalmed, was brought by sea to Dalkeith, by her nephew Francis, Earl of Buccleuch. issue.was a prisoner, 1 Memorials, p. 219. 2 Letters, ii. 6, 7. 4R Balfour's Annals, ii. 192. 682 HUGH, SEVENTH EARL 2. Hugh, seventh Earl of Eglinton, born 30th March 161 3, succeeded his father, the sixth Earl, 14th January 1 66 1. During his earlier years he lived much at Seton with his grand mother, Margaret, Dowager Countess of Winton, and appears to have been educated along with his young kinsmen. In the family correspondence between 161 7 and 1620 he is referred to as 'ane good scoller' and as 'bussie leirning euerie day'; and in 1628 he was enrolled as a student of the University of Glasgow. In the beginning of 1633, when Lord Montgomerie, he found his way to Paris, with the view of prosecuting his studies, and particularly the art of fortification and other military matters. One of his instructors was the celebrated Robert Baillie, afterwards Principal of Glasgow College, who, as a jealous Covenanter, does not appear to have been altogether satisfied with the young lord's conduct in Church matters.1 After visiting various parts of the Continent, Lord Montgomerie returned to England, and, like his gallant father 'Greysteel,' took an active part in the civil wars. In 1640 he accompanied the army of the Covenant to England. Baillie speaks of Lord Montgomerie's regiment as among the strongest, and specially refers to the piety and military discipline by which it was distinguished.2 Different accounts appear to be given of his political conduct at a later period; but on the 26th of October 1650 the Committee of Estates held at Perth passed an Act in his favour, which declared him to be capable of public trust. The following year (1651) Lord Montgomerie was com missioned by Charles 11. to convoke the Committees of War in the bailliery of Cuninghame and sheriffdom of Renfrew, and fought for the King at the battle of Worcester, where he appears to have been taken prisoner. Four years later the state of his health for a time disqualified him from active service. In 1662, after his succession to the Earldom, King Charles 11. granted him the Citadel of Ayr, in consideration of the good, true, and thankful service done by himself and his progenitors to his Majesty and his deceased father, and in partial compensation for the damage he had sustained in the Royal interest. This was evidently in response to an urgent letter from Lord Eglinton to the King — dated ' Edinburgh, 8th October 1661 ' — in which he humbly entreats his Majesty that, ' considering the very low condition of that family, at present whereof I am now head, together with the love and good-will we have all of us caried to yor Matie, and what have been our sufferings for yor Matie (whereof I love not to boast, seeing all we did and suffered was but or duty), your Matie would gratiousely be pleased to caus compleat that grant of the Cittadell of Aire for me.'8 1 Baillie's Letters ii. 35. 3 Lauderdale Papers, British Museum, 23,116. 2 Ibid. i. 201. f, 141. HIS TWO MARRIAGES 683 In the beginning of 1665 he was directed by the Earl of Rothes to carry out the orders of the Government relative to the seizure of all arms in the hands of the lieges, and appears to have executed the disagreeable task with considerable reluctance, as indicated in a letter to Lord Rothes, dated 'Eglintoun, 21 April 1665.' In consequence of his recommendation, gentlemen were permitted to keep and wear their swords. Lord Eglinton was twice married; first, in 163 1, to Lady Anne Hamilton, eldest daughter of James, second Marquis of Hamilton, by whom he had a daughter, Lady Anna, whose first husband is said to have been Robert, son of Sir John Seton of Hailes, by whom she had a post humous son in 1655. In 1658 she married James, third Earl of Findlater. Lord Eglinton married, secondly, in 1635, Lady Mary Leslie, eldest daughter of John, sixth Earl of Rothes, who gave his daughter a tocher of 25,000 merks Scots. The issue of this marriage was two sons and five daughters : — 1. Alexander, eighth Earl of Eglinton. 2. The Hon. Francis Montgomerie of Giffen, who received that estate from his father in 1669. For several years he represented Ayrshire in the Scotch Parliament, and after the Union, which he warmly supported, he was elected a member of the Parliament of Great Britain. He was also a Privy Councillor, and one of the Lords of the Treasury to King William and Queen Anne. He married first, in 1674, Margaret, Countess of Leven, who died the same year without issue ; secondly, Elizabeth (born 1650), daughter of Sir Robert Sinclair of Longformacus, Baronet, and widow of Sir James Primrose of Barnbougle, by whom he had : — (1) John Montgomerie, Lieutenant-Colonel in the 3rd regiment of Foot Guards, and M.P. for Ayrshire. Colonel Montgomerie was Master of the Mint in Scotland, and one of the Gentlemen of the Bedchamber to 684 ALEXANDER, EIGHTH EARL King George ii. when Prince of Wales. He married, in 1704, Lady Mary Carmichael, second daughter of John, first Earl of Hyndford, by whom he had a daughter, Beatrix, who died unmarried. Colonel Montgomerie was appointed Governor of New York, where he died in 1760. (2) Colonel Alexander Montgomerie, died of his wounds at the battle of Almanza, in Spain, in 171 1, without issue. (3) Elizabeth, married the Hon. Colonel Patrick Ogilvy of Lonmay and Inchmartin, second son of James, third Earl of Findlater, and died in 1753, having had issue. (4) Mary, born 7th February 1690. The five daughters of the seventh Earl, who were all born previous to November 1658, were : — 3. Lady Mary, married to George, fourth Earl of Winton. 'The Earle of Wintoune, being but a youth, married Lady Mary Montgomery, the Earl of Eglintoun's eldest daughter. The marriage feast stood at her father's house in the West country, 4th September 1662.' x They had one daughter, Lady Mary, who died at the age of three years. The Countess of Winton died in the year 1677. 4. Lady Margaret, married James, second Earl of Loudon, and had issue. 5. Lady Eleonora, married, before 1679, Sir David Dunbar of Baldoon, Baronet, and had issue. She died at Kilwinning in September 1687.2 6. Lady Christian, married, 16th February 1672, John, fourth Lord Balmerino, and had issue. She died before 7th June 1687. 7. Lady Anne, married Sir Andrew Ramsay of Abbotshall, Baronet, by whom she had a son, who died unmarried. The seventh Earl of Eglinton died at Eglinton in the end of February 1669, at the age of fifty-six, having possessed the titles and estates for only eight years. 3. Alexander, eighth Earl of Eglinton, was born about the year 1640, and succeeded his father when 'a very young man.' Comparatively little is known of his personal history, as he transferred his estates to his eldest son, Lord Montgomerie, on the occasion of his marriage, in 1676, relinquishing the active charge of them on receiving an annuity of 6000 merks Scots. His second and third wives were both English, and he resided almost entirely on the south side of the Tweed. In 1674 he was admitted a Mason in the Court of the Lodge of Kilwinning, and was sworn a Privy Councillor on the accession of William and Mary. Fifteen years afterwards (1689) he was ordered by the Council to march, with 3000 troops, to the Highlands, with the view of engaging Lord Dundee, and on that occasion he commanded the cavalry. 1 Lamont's Diary. 2 See Wodrow's Analecta, ii. 157. HIS THREE MARRIAGES 685 The eighth Earl was thrice married : — First, in January 1658, to Lady Elizabeth Crichton, daughter of the Earl of Dumfries, 'a gentlewoman bred in England, but having little or no por tion.'1 Robert Baillie speaks of the union as an ' unexpected pranck, worse to all his kinn than his death would have been'; and asserts that he might have secured the Countess of Buccleuch, 'the greatest match in Brittain.'2 The issue of this mar riage was three sons and two daughters: — 1. Alexander, ninth Earl of Eglinton. 2. Hugh, a Major in the Army, who died without issue before 1725. 3. John, also a Major in the Army, who married ' Dame Jean Gibsone,' and died without issue before 5th July 1693. 4. Lady Margaret, married, in 1683, Sir James Agnew of Lochnaw, Baronet, and had issue. 5. Lady Margaret — 'Kind Mag,' — died without issue before 15th June 1687. Elizabeth Crichton, Countess of Eglinton, died before 2 3rd October 1 673. The Earl married, secondly, about 1678, Grace, daughter of Francis Popley of Woolley Moorehouse, Yorkshire, and widow of Sir Thomas Wentworth of Bretton, Baronet, who appears to have died within a year after her marriage. Lamont's Diary. 2 Letters, iii. 366. 686 ALEXANDER, NINTH EARL The Earl married, thirdly, at St. Bride's Church, London, on 8th December 1698, Catharine, Lady Kaye, daughter of Sir William St. Quintin of Harpham, in the county of York, who had already been three times married, and who had reached the mature age of ninety when she accepted the hand of Lord Eglinton. She died 6th August 1700, and was survived by the Earl little more than a year, till the end of 170 1. 4. Alexander, ninth Earl of Eglinton, born c. 1659, who from the death of his grandfather, the seventh Earl, in 1669, was boarded with Mr. Matthew Fleeming, minister at Culross. During his early life he appears to have been subject to severe indis position, suffering from small-pox and other ailments. In 1673 his father made arrangements for his being educated at the University of St. Andrews, where he was duly entered as ' Alexander Mongomery Dominus Mongomery Comitis Eglintoun filius,' and continued in the ancient 'city by the sea' till Lammas 1676. A few months after his departure from St. Andrews he married Lady Margaret Cochrane, on which occasion his father made over to him the Eglinton estates, which were managed by him with remarkable success till the death of his father in 1701. Both before and after his accession to the Earldom he held many important offices of State. He was a member of King William's Privy Council, and a Commissioner of the Treasury. He was also a Privy Councillor to Queen Anne, and in 17 10 and 1713 was elected one of the sixteen representative peers of Scotland. On the occasion of the rising in favour of the Stewarts in 1715, unlike the then head of his House, the Earl of Winton, he was a strenuous supporter of the family of Hanover, in whose service he raised the regiment of Ayrshire Fencibles. He cleared his paternal estates of very heavy debts, and added greatly to his domains by the purchase of extensive property, including Dundohald, Kilmaurs, Glassford, and Southennan. Shortly before his death he executed two entails of his estate and earldom, and suddenly closed his career at Eglinton Castle, on the 18th of February 1729. He was buried on the 20th of March, and the Caledonian Mercury of the following day records that ' at the funeral of the late Right Honourable Earl of Eglinton there were betwixt 900 and 1000 beggars assembled, many of whom came over from Ireland, who had ^"50 of that noble lord's charity distributed to them.' Like his father, the eighth Earl, he was three times married, and had no fewer than twenty-one children. His first wife (contract dated December 1676) was Lady Margaret Cochrane, eldest daughter of William, Lord Cochrane, and grand-daughter of William, first Earl of Dundonald, the cost of a gold ring which he purchased on the occasion being ^23 sterling. Law, in his Memorials, gives a curious account of the stoppage of Lord ALSO THRICE MARRIED 687 Dundonald's ' coatch,' at the house of a witch, on its way to the wedding. Of this marriage there were three sons and six daughters : — 1. Hugh, Master of Montgomerie, born 1680, died unmarried, while at the University of Glasgow, in 1696. 2. Alexander, died young. t 3. John, born 1688, who also died young. 4. Lady Catherine, married James, fifth Earl of Galloway, and had issue. She died in December 1757. 5. Lady Elizabeth, born 1684, and died young. 6. Lady Jean, born 1689, who also died young. 7. Lady Euphemia, married, in 1697, George Lockhart of Carnwath, author of Memoirs of Scotland, by whom she had seven sons and eight daughters. She died ist December 1738, three years after her husband. 8. Lady Grace, married, 19th January 1710, Robert Dalyell, sixth Earl of Carnwath, who was attainted in 171 5. 9. Lady Jean (No. 2), married, 29th December 171 1, Sir Alexander Maxwell of Monreith, Baronet, by whom she had three sons and four daughters. She died, much lamented by her husband, 28th May 1726, at the early age of thirty-six. Lord Eglinton married, secondly, Lady Anne Gordon, daughter of George, first Earl of Aberdeen, Chancellor of Scotland, and by her, who died before 1 709, of surviving issue had only one daughter : — 10. Lady Mary, born 20th November 1704, a celebrated beauty, and the subject of several poems by William Hamilton of Bangour. She married Sir David Cuninghame of Milncraig and Livingstone, by whom she had several children. The Earl married, thirdly, in June 1709, Susanna, daughter of Sir Archibald Kennedy of Culzean, by whom he had three sons and eight daughters : — 688 SUSANNA KENNEDY ii. James, Lord Montgomerie, born 19th April 1718, and died 26th August 1724. His death is touchingly recorded by his father in a family Bible at Eglinton. 12. Alexander, tenth Earl of Eglinton. 13. Archibald, eleventh Earl. 14. Lady Elizabeth, born 4th July 17 10. ' This moneth,' says Wod- row, 'my LadyEglintoun was brought to bedd of a daughter, which my Lord took very ill and unchristianly. It 's noe wonder God froun for this.' 1 Five or six daughters were born before Countess Susanna had a son. In 1738 Lady Elizabeth declined an offer of marriage made by a Mr. Ogilvie, but eleven years afterwards (1749) she accepted the hand of Sir John Cunningham of Caprington, one of the most accomplished scholars of his day, by whom she had two sons, and died in Edinburgh, 19th February 1 800, at the age of ninety-three. 15. Lady Helen, born 16th January 1712, married, 4th January 1745, the Hon. Francis Stewart of Pittendriech, third son of James, eighth Earl of Moray, and died 14th January 1747, leaving an only son, Francis, who died unmarried.16. Lady Susanna, married to John Renton of Lamberton before ist August 1739, and died at Blackadder 27th July 1754, leaving issue. Lady Susanna was grandmother of Charles Kirkpatrick-Sharpe. 17. Lady Margaret, married, in April 1739, with the warmly expressed approbation of her brother, the tenth Earl, Sir Alexander Macdonald of Macdonald, by whom she had three distinguished sons. When Flora Macdonald landed in Skye with Prince Charles after his escape, Lady Margaret, in the absence of her husband, who had joined the King's party, confided the secret to her husband's factor, Macdonald of Kingsburgh, who assisted the Prince in his flight. Lady Margaret died 30th March 1799. 18. Lady Frances, died unmarried after 26th January 1755. 19. Lady Christian, married James Moray of Abercairny in 1737, by whom she had three sons, successively lairds of Abercairny. She died at Abercairny 19th July 1748. 20. Lady Grace, married, 12th March 175 1, against the wishes of her family, Charles Byne, a Cornet in Bland's Dragoons. The marriage proved a short and unhappy one; and Lady Grace died in Edinburgh three months afterwards — 15th June 1751. 21. Lady Charlotte, who died unmarried, at Hamilton, 7th October 1732. The ninth Earl's third and last Countess, Susanna Kennedy, was a very remarkable personage. Of unusually tall stature, she was generally acknowledged to be the most beautiful woman of her time, besides possess ing the attractions of genius and great accomplishments. She had long been destined to become the wife of Lord Eglinton, and the prediction was confirmed by the curious circumstance of a hawk, with Lord Eglinton's name on its bells, having one day alighted on her shoulder while she was 1 Analecta, i. 287. ALLAN RAMSAY'S DEDICATION 689 walking in her father's garden at Culzean. There was a great disparity in the ages of the parties, and Susanna had numerous admirers ; but when the Earl's second Countess passed away, he had no difficulty in carrying off the coveted prize.1 Countess Susanna was an enthusiastic patroness of literature, and in his Dedication of The Gentle Shepherd to her Ladyship, Allan Ramsay elaborately recounts her numerous merits. William Hamilton of Bangour thus eulogises the Countess and her charming daughters : — ' Unlike, O Eglintoun ! thy happy breast, Calm and serene enjoys the heavenly guest ; From the tumultuous rule of passions freed, Pure in thy thought, and spotless in thy deed : In virtues rich, in goodness unconfined, Thou shin'st a fair example to thy kind ; Sincere and equal to thy neighbour's name, How swift to praise ! how guiltless to defame ! Bold in thy presence bashfulness appears, And backward merit loses all its fears. Supremely blest by Heaven, Heaven's richest grace Confest is thine, an early blooming race ; Whose pleasing smiles shall guardian wisdom arm, Divine instruction ! taught of thee to charm ; What transports shall they to thy soul impart (The conscious transports of a parent's heart), When thou behold'st them of each grace possest, And sighing youths imploring to be blest : After thy image formed, with charms like thine, Or in the visit, or the dance to shine ! Thrice happy who succeed their mother's praise, The lovely Eglintounes of other days.' After the death of the Earl in 1729 his widow devoted herself to the education of her numerous family, and her able and judicious conduct is fully displayed in her extensive correspondence with Lord Milton, who acted for many years as her children's guardian. On one particular occa sion she had written no fewer than four times to the learned judge before she received a reply, and one of her communications embraced the follow ing postscript : — ' This is my third lettr without anie ansuer — ' There is no hate like love to hatred turned, Nor annie furie like a woman scorned.' During her residence at Auchans she lived in great state, and her magnificent entertainments were justly admired. She had a strange penchant for rats, which she tamed and petted ; and she sometimes com plained of never having met with gratitude except from her four-footed protdgds. In her declining years she entertained Dr. Johnson on his return from the Hebrides. Boswell gives the following account of the interview : — 1 Chambers's Traditions of Edinburgh, i. 262. 4S 690 INTERVIEW WITH DR. JOHNSON ' Lady Eglintoune, though she was now in her eighty-fifth year, and had lived in the country almost half a century, was still a very agreeable woman. She was of the noble House of Kennedy, and had all the elevation _ which a consciousness of such birth inspires. Her figure was majestic, her manner high-bred, her reading extensive, and her conversation elegant. She had been the admiration of the gay circles of life and the patroness of poets. Dr. Johnson was delighted with his reception. Her principles in Church and State were congenial with his. In the course of conversation it came out that Lady Eglintoune was married the year before Dr. Johnson was born ; upon which she graciously said to him that she might have been his mother, and she now adopted him.' Lady Eglinton died at Auchans House on the 18th of March 1780, in the ninety-first year of her age and the fifty-first of her widowhood. Her stately mien and brilliant complexion descended to her daughters ; and ' the Eglintoune aire ' came to signify all that was stately and dignified. When at toilet the Countess once asked her daughter, Lady Bettie, what she would give to be as pretty as her ? To which Lady Bettie replied, ' Not half so much as you would give to be as young as I am.' One of the Countess Susanna's numerous admirers was Sir John Clerk of Penicuik, who sent her a flute as a love-gift. When she attempted to blow the instrument, something was found to interrupt the sound, which turned out to be a copy of verses in her praise.1 'It was a goodly sight,' says Dr. Robert Chambers, 'a century ago, to see the long procession of sedans, containing Lady Eglinton and her daughters, devolve from the Old Stamp Office Close and proceed to the Assembly Rooms, where there was sure to be a crowd of plebeian admirers congregated, to behold their lofty and graceful figures step from the chairs on the pavement. It could not fail to be a remarkable sight— eight beauti ful women, conspicuous for their stature and carriage, all draped in the splendid though formal fashions of that period, and inspired at once with dignity of birth and consciousness of beauty. Alas ! such visions no longer illuminate the dark tortuosities of Auld Reekie ! ' 2 In the same connection Dr. Chambers describes the ninth Earl as ' one of those patriarchal peers who live to see advanced age — indefatigable in the frequency of their marriages and the number of their children — who linger on and on, with an unfailing succession of young Countesses, and die at last leaving a progeny interspersed throughout the whole of Douglas's Peerage.' 3 5. Alexander, tenth Earl of Eglinton, was born 10th February 1723, and was accordingly only six years old when he succeeded his father in 1729. Shortly before his death the ninth Traditions oj Edinburgh (1880), p. 212. 2 Ibid. p. 214. 3 Ibid. p. 211. ALEXANDER, TENTH EARL 691 Earl addressed a long and touching letter to his son, full of good advice respecting his duty to his mother and sisters, his choice of associates, and his political conduct. In speaking of the rival claims of the Houses of Stuart and Hanover, he recommends his son 'not to intermeddle with either,' and refers to ' the misery and slavery of being united to England' ! Towards the end of the letter he strongly advises his successor to make choice of ' a Scots lady ' as his wife, on the ground that English women are more extravagant and wasteful than their northern sisters. After spending a short time at the Irvine Grammar School, Lord Eglinton and his brother Archibald, in October 1738, set out for England ; and ultimately both brothers settled at Winchester. Towards the end of 1742, the Earl, accompanied by his Governor,1 Michael Ramsay, set out for Paris, where he soon showed great proficiency in the elegant accom plishments of dancing, riding, and fencing. He evinced a strong passion for 'antiques,' and in one of his letters Mr. Ramsay complains of his extra vagance in the purchases of 'curiositys.' In an amusing letter to Lord Milton, the young nobleman, after repudiating the charge of extravagance, threatens to write a book on the benefits of starvation, for which he con sidered himself specially qualified, in consequence of his limited remit tances ! In 1759 he was appointed Governor of Dumbarton Castle, and on the accession of George in., in the following year, he was made one of the lords of the bedchamber. He showed great aptitude for public business, and, like the present Lord Coleridge, seriously contemplated the surrender of his peerage, with the view of entering the House of Commons. On the abolition of heritable jurisdictions in 1748, Lord Eglinton received ^"7800 for the sheriffship of Renfrew, the regality of Cuninghame, and the bailliary of Kilwinning — his claim for compensation having been ;£l 2,000. He made vast improvements on his various estates, after having carefully studied the systems of farming in England and elsewhere. On the 24th of October 1769, Lord Eglinton's useful career was cut short in a very melancholy manner, his Lordship having been shot by Mungo Campbell, an exciseman, whom he checked, for the second time, for poaching on the estate of Ardrossan. Campbell had obtained per mission to shoot on several adjoining properties, and was known to have frequently trespassed on the Eglinton estate. While accompanied by Lord Kellie, and a train of servants and dogs, for a day's sport, Lord Eglinton's attention was called by one of his attendants to some tres passers on his demesne, one of whom proved to be Campbell. His Lordship galloped towards the offender, and insisted on his delivering up his fowling-piece. This, however, the exciseman firmly declined to do ; and on Lord Eglinton approaching him, he said, ' Keep off, my Lord, or I shall be obliged to shoot you in my own defence.' Lord Eglinton then 1 i.e. Tutor. 692 ARCHIBALD, ELEVENTH EARL dismounted, and directing his servant to charge one of his guns, replied, ' I can shoot as well as you.' As Campbell retreated, Lord Eglinton con tinued to advance ; and in his retrograde movement the exciseman tripped upon a stone and fell backwards. Rushing forward to seize the weapon, Lord Eglinton was prevented from doing so by receiving the entire charge in his body. Campbell was forthwith seized and conveyed to prison. The unfortunate occurrence naturally caused great sensation, and although Campbell had some sympathisers, in consequence of what was regarded as a too tenacious enforcement of the Game Laws, the untimely end of the promising young nobleman, cut off in his prime, was universally lamented. After considerable delay, Campbell was tried for the murder, and the circumstances of the Earl's death are fully set forth in the relative indict ment. A pretty full account of the trial is preserved in a letter to Baron Mure of Caldwell from Mr. Alexander Belshes, dated Edinburgh, 27th February 1770.1 Campbell was found guilty by a considerable majority, and sentenced to be executed in the Grassmarket on the nth of April; but he committed suicide in prison the morning after his trial. His body was privately buried under Salisbury Crags, but was exhumed and tossed about by the Edinburgh rabble, and afterwards sunk in the sea by Camp bell's friends, to prevent further outrage. At the time of his death, the Earl of Eglinton was engaged to be married to Jane, daughter of Sir John Maxwell of Pollok- Maxwell, and widow of James Montgomerie of Lainshaw. He survived the fatal shot till midnight of the day of the assault, and his aged mother received a dreadful shock from the untoward occurrence. 5 (a). Archibald, eleventh Earl of Eglinton, born 1 8th May 1726, succeeded his brother in 1769. He does not appear to have been much addicted to study, but one of his early instructors intimates that although he did not ' carry away a great deal of Latin with him ' from school, he left behind him the character of ' a sensible, ingenu ous, manly, well-behaved boy.' Having made choice of the military profession, he entered the Army in 1744 as a Cornet in the Scots Greys. After various promotions, he raised the 78th regiment of Highlanders, and was appointed their Lieu tenant-Colonel in the beginning of the year 1757. He accompanied the regiment to America, saw a good deal of service under General Amherst, and particularly distinguished himself in an expedition against the Cheroo- kees, a powerful Indian tribe, whom he reduced to perfect obedience. At the general election of 1761 he was returned for the county of Ayr, and was appointed one of her Majesty's equerries. He held at different 1 Memorials of the Montgomeries, i. 124. See also The Lounger's Common-Place Book, i. 200. HUGH, TWELFTH EARL 693 periods the offices of Governor of Dumbarton Castle, Deputy- Ranger of St. James' and Hyde Park, Colonel of the 51st regiment of Foot, Governor of Edinburgh Castle, and Colonel of the Scots Greys. In 1776, and on three subsequent occasions, he was chosen one of the sixteen representative Scottish Peers, and attained the rank of General in October *793- He successfully carried out the various agricultural improvements introduced by his lamented brother, and purchased Giffen and other estates. After an active and useful life, the eleventh Earl died at Eglinton Castle, 30th October 1796, aged seventy- three. He married, first, 30th March 1772, Lady Jean Lindsay, eldest daughter of George, eighteenth Earl of Crawford, who died without issue, at the age of twenty-one, on the 22nd of January 1778. He married, secondly, 9th August 1783, Frances, only daughter of Sir William Twisden of Raydonhall, Kent, by whom he had two daughters : — 1. Lady Mary, born 5th March 1787, and married, 28th March 1803, Archibald, Lord Montgomerie, eldest son of Hugh, twelfth Earl of Eglinton. 2. Lady Susanna, born 26th May 1788, and died suddenly at Col chester, 1 6th November 1805, m her eighteenth year. 6. Hugh, twelfth Earl of Eglinton. On the death of the eleventh Earl in 1 796, the succession opened to the Coilsfield line, as shown in the annexed table, Hugh, twelfth Earl, 694 EGLINTON CASTLE being third in descent from Colonel James Montgomerie, first of Coilsfield, who was fourth son of Alexander, sixth Earl of Eglinton. Alexander (Seton), sixth Earl of Eglinton. Colonel James Montgomerie (fourth son), first of Coilsfield. Hugh Montgomerie of Coilsfield (second son). Alexander Montgomerie of Coilsfield. Hugh, twelfth Earl of Eglinton. The twelfth Earl was born in November 1739. He succeeded his mother (Lilias, eldest daughter and heiress of Sir Robert Montgomerie, Baronet) in the estate of Skelmorlie, and his father in the estate of Coilsfield, in 1783. Besides five sisters, the twelfth Earl had five younger brothers, of whom three (Robert, Thomas, and James) died without issue, while the two others, Alexander and Archibald, both left descendants. The elder of these was Alexander, first of the Montgomeries of Annick Lodge, in the parish of Dreghorn, and county of Ayr, whose grandson is Alexander Montgomerie, now of Annick Lodge, born 10th November 1824. The twelfth Earl entered the Army in 1756, and saw a good deal of service in America. In 1788 he was raised to the rank of Major. Eight years previously (1780) he was elected member of Parliament for Ayrshire, and again in 1784. In 1789 he was appointed Inspector of Military Roads in Scotland, and discharged his official duties in a most satisfactory manner. When war broke out in 1793 he was appointed, by the Duke of Argyll, Lieutenant-Colonel of the Argyllshire Fencible regiment. He raised the regiment of West Lowland Fencibles about the same time, and afterwards the Glasgow regiment of Fencibles, which, however, was reduced in 1 795. Lord Eglinton also held the office of Governor of Edinburgh Castle. At the general election in 1796 he was a third time returned for the county of Ayr, but had soon to vacate his seat on succeeding his cousin as Earl of Eglinton. In 1798 he was chosen one of the representative Scottish Peers, on the death of the Earl of Errol, and was re-elected in 1802. Four years afterwards (1806) he was created a Peer of the United Kingdom, by the title of Baron Ardrossan of Ardrossan, with limitation to the heirs- male of his body. He held the office of Lord- Lieutenant of the county of Ayr, and was appointed one of the State Councillors for Scotland to the Prince Regent, and afterwards a Knight of the Thistle. Soon after his accession to the Earldom, he rebuilt the castle of Eglinton and greatly enlarged and improved the adjoining grounds. The structure has been described as 'an attempt to combine the style of a feudal fortress with the lights and conveniences of a modern dwelling- place,' which Sir Walter Scott partially imitated at Abbotsford. His most formidable undertaking was the construction of Ardrossan Harbour and LORD MONTGOMERIE 695 the Paisley Canal, of which the former has very largely increased the importance of the town of Ardrossan. Lord Eglinton was a proficient musician, his favourite instrument being the violoncello. In the County Hall at Ayr is an excellent portrait of his Lordship in the uniform of the 78th Highlanders. He married, in 1772, his cousin Eleonora, fourth and youngest daughter of Robert Hamilton of Bourtreehill, by whom he had three sons and three daughters : — 1. Archibald, Lord Montgomerie, who died before his father. 2. The Hon. Roger Montgomerie, a Lieutenant in the Royal Navy, who died unmarried, in Jamaica, in January 1799. 3. Alexander, died young. 4. Lady Jane, who married, in 1828, Archibald Hamilton of Carcluie, by whom she had no issue. 5. Lady Lilias, married, first, in 1796, Robert-Dundas Macqueen of Braxfield ; secondly, 21st August 1817, Richard-Alexander Oswald of Auchincruive, by neither of whom she had any issue. 6. Lady Mary, died young. Eleonora, Countess of Eglinton, died 17th January 181 7, in the seventy-fifth year of her age, and her husband on the 15th of December 1 8 19, aged eighty years, when he was succeeded by his grandson, the thirteenth Earl. 7. Archibald, Lord Montgomerie, was born 30th July 1773. He entered the Army as an Ensign in the 42nd Highlanders, and afterwards became Lieutenant-Colonel of the Glasgow regiment, which was raised by his father. He was also Colonel of the 696 ARCHIBALD-WILLIAM, THIRTEENTH EARL Ayrshire Militia. In 1809 he was promoted to the rank of Major-General, and in 18 12-13 was employed on active service in Sicily. He was obliged to leave the island on account of bad health, and died at Alicant, 4th January 18 14. He was buried in the Convent Chapel of Gibraltar, where the monument to his memory bears a poetical inscription, supposed to have been composed by George Canning. Lord Montgomerie married, 28th March 1803, Lady Mary Mont gomerie, only surviving daughter of Archibald, eleventh Earl of Eglinton, and heiress of the large estates acquired by her grandfather, the ninth Earl — the male and female lines of the family being thus united. Of this marriage there were four sons : — 1, 2. Two sons, both of whom only survived a few hours. 3. Hugh, Lord Montgomerie, born 24th January 181 1, and died at Eglinton Castle, 13th July 1817. 4. Archibald- William, thirteenth Earl of Eglinton. Lady Montgomerie, married, secondly, in 1815, Sir Charles-Monto- lieu Lamb of Beauport, Baronet, by whom she had one son, and she died 1 2th June 1848, survived by her second husband. 8. Archibald-William, thirteenth Earl of Eglinton, born at Palermo 29th September 181 2, succeeded his grandfather in 18 19, at the early age of seven. He was educated at Eton, and soon after taking his seat in the House of Lords took part in the debates, and ultimately became a prominent member of the Conservative party. In February 1852, when the Earl of Derby was called upon to form a Government, Lord Eglinton was appointed Lord- Lieutenant of Ireland, and his admirable discharge of the duties of that important office was cordially acknowledged by parties of every political creed. Nine months afterwards he was elected Lord Rector of Glasgow University, and after wards of Marischal College, Aberdeen. On the return of the Derby Ministry to office in 1858, Lord Eglinton was again appointed Lord- Lieutenant of Ireland. In 1840 he was served nearest and lawful heir-male general, and also nearest and lawful heir-male of provision, of George, fourth Earl of Winton, Lord Seton and Tranent. He was advised by eminent counsel that the right to the Seton honours was not absolutely forfeited, but was only in abeyance during the existence of the attainted Earl of Winton and the heirs entitled to succeed under the same substitution with himself, and that on their failure the right to the honours revived in the collateral line of Eglinton. On resigning the Lord-Lieutenantcy of Ireland, Lord Eglinton was created Earl of Winton in the peerage of the United Kingdom of Great Britain and Ireland, with limitation to the heirs-male of his body, by patent dated 17th June 1859. In an article in the Quarterly Review for October 1893, on the respec- WINTON EARLDOM 697 tive Peerages of Sir Bernard Burke and ' G. E. C.,' the writer makes the following reference to the service of 1840 and the British title of 1859 : — ' At the recent death of the 14th Earl of Eglinton, it was asserted, by those who claimed to be specially well informed, that his father had succeeded in 1840 to the Scottish Earldom of Winton (1600). Ulster admits this succession, although the only proof is that, after the title had been dormant nearly a century, Lord Eglinton caused himself to be " served heir-male general " to the Earls of Winton. " G. E. C." does not admit the validity of this proof, and pronounces the title of Earl of Winton (United Kingdom), conferred on the family in 1859, to have been " a very improper one " under the circumstances. We observe that " G. E. C." considers the attainder of 17 16 (ignored by Ulster) a bar to the succession, though Mr. Riddell, we believe, held that it was saved by a specialty.' Doubtless the claim of the Eglinton family to the Scottish Earldom of Winton and headship of the House of Seton has not yet been legally established in the House of Lords ; but it is generally acknowledged by 4t 698 HIS TWO MARRIAGES genealogists that the very elaborate printed ' Case ' (of which I possess a copy), prepared by Mr. Riddell for the thirteenth Earl of Eglinton, satis factorily proves the justice of the claim. It is admitted that the Kingston branch was the first in succession after the direct line of Winton. But the male line of Kingston became extinct on the death of James, third Viscount, in 1 7 1 9, when the Garleton branch became next in degree. On the death of the fifth Earl of Winton in 1749, Sir George Seton, third Baronet of Garleton, became sixth Earl, dejure ; and, on his death without issue, in 1769, his first cousin, Ralph Seton (son of his uncle John), became seventh Earl. Ralph died without issue in 1782, when his nephew John (son of Ralph's brother John) became eighth Earl; and on John's death without surviving male issue, in 1796, the succession opened to Hugh, twelfth Earl of Eglinton, great-grandfather of the present Earl, who would thus appear to be twelfth Earl of Winton de jure. Lord Eglinton resigned the Colonelcy of the Prince Regent's Royal regiment of Ayrshire Militia on being appointed Lord- Lieutenant of Ayr shire; and he was made a Knight of the Thistle in 1853. He married, first, 17th February 1841, Theresa, daughter of Charles Newcomen, and widow of Richard Howe Cockerell, Commander R.N., and by her, who died 16th December 1853, had three sons and one daughter : — 1. Archibald- William, Lord Mont gomerie, afterwards fourteenth Earl of Eglinton. 2. Hon. Seton-Montolieu, born 15th May 1846, who assumed the surname and designation of Hamilton of Bourtreehill, a Lieutenant in the Scots Fusilier Guards. He married, nth June 1870, Nina-Janet, daughter of Lieutenant-Colonel Peers Williams of Temple House, Berks, and died 26th November 1883, having had three daughters, May-Egidia, Alowen- Dorothy-Rose, and Viva-Seton, of whom the first died when eight months old. 3. Hon. George- Arnulph, afterwards fifteenth Earl of Eglinton. 4. Lady Egidia, born 17th December 1843, married, 4th July 1861, Frederick-William Brook, fifth Lord Rendlesham, and died nth Tanuary 1880. * J y The thirteenth Earl married, secondly, 3rd November 1858, Lady Adela-Caroline- Harriet Capel, only daughter of Arthur, Earl of Essex and by her (who died 31st December i860) had two daughters ¦— 5. Lady Sibyl-Amelia- Adela. 6. Lady Hilda-Rose, married, 23rd February 1881, Tonman Mosley Esq., second son of Sir Tonman Mosley, Baronet, and has issue. A 'POPULAR PATRICIAN 699 The thirteenth Earl of Eglinton died somewhat suddenly at St. Andrews, 4th October 1861. In alluding to the sad event, Lord Malmesbury in his Memoirs (ii. 261) says: 'Lord Eglinton is a sad loss to our political party, and to me personally. He used to complain to me that he constantly saw a figure retreating before his eyes disappear, and appear again — an evident proof that his brain had suffered under some kind of pressure' An admirable notice of Lord Eglinton, from the pen of James Hannay, appeared in the Edinburgh Courant the day after the funeral, from which I make the follow ing extracts : — ' Yesterday was laid in his family vault at Kilwinning the most popular patrician of his time. It is no exaggeration to apply this description to the thirteenth Earl of ; Eglinton, and it embodies at once what was most characteristic of him, and what he would most have wished to be re membered for — himself. Other men of his order were as much respected, and some were abler, more learned, or higher in the State ; but no noble of the three kingdoms was so widely and generally loved. This is a kind of fame which excites less emulation than some kinds, but which is rarer and higher, and more consolatory to those who have to lament his life suddenly broken and his too early grave. ' History and nature combined to make Lord Eglinton a thorough gentleman. His career cannot be separated from his ancestry, because his ancestry, both consciously and unconsciously, inspired and created it. As heir-male of the House of Seton, and heir-general of the House of Mont gomerie — the descendant of some of the bravest among men and the fairest among women — he drew, from roots that lay deep in the past, the qualities of character which bloomed into such engaging flower. Representing through his pedigree the best of the Norman colonists who did so much not only for the civilisation but for the independence of Scotland, it was natural in him to be at once a friend of improvement and a lover of nationality. If there was no better landlord and no truer Scotsman, this was not by accident, but because these were the characters belonging to his blood. There met to form Lord Eglinton something of what was best in the different lines which centred in him — the earnestness of old " Grey- steel " the Marston-Moor man, the chivalry of the ballad hero of Otterburn — with the strong local feeling and honest, if mistaken, instincts of a recent Earl who talked of the "misery and slavery of being united to England "! These qualities were, however, so harmoniously proportioned in him that 700 SCENE AT HIS FUNERAL the sentiment never ran away with the good sense, nor the generosity with the prudence of his character. ... His popularity, like that of Sir Philip Sydney, depended less on what he achieved than on what he was, and sprang from a general admiration of his whole bearing and conduct, similar to that excited by the unconscious goodness of a child or beauty of a woman. ... ' He was first made famous by the Tournament of 1839 — a splendid poetic extravagance, easily traceable to the influence of Sir Walter Scott, and that school of literature, on a youth of large fortune, whose ancestors had tilted before half the courts of Europe. A less selfish sacrifice of money in the way of amusement could hardly have been devised ; and this was the character of Lord Eglinton's amusements through life. ... ' His Conservatism in politics was of a piece with everything else about him. It was based on sentiment — fortified by common sense, and tempered — while adorned — by geniality. He wished to see our institutions preserved, but he wished them to be so administered that the people should love them. He may be excused for "standing by his order," because he meant it to be like himself. Following up these ideas, he became a member of Lord Derby's first Government in 1852, and again in 1858; each time discharging the high and difficult office of Lord- Lieutenant of Ireland with a care that satisfied every intellect, and a kindness that touched every heart in the island. It was characteristic of Lord Eglinton that while his mere talent was never the most prominent thing about him, yet he always rose rather above expectation when the occasion came. His speech at the Burns Festival in Ayrshire was perfectly admirable, and may be read with pleasure even now, when a herd of inferior animals have trodden over and over the ground.1 ... If any nobleman ever acted on the maxim of Noblesse oblige it was Lord Eglinton, and that he did this from traditional inspiration the whole set of his conduct showed. . . . To describe him is to praise him ; and the chief consolation his admirers will feel is that the very suddenness of his death is likely to stamp deep on the world's memory the impression of his example' The scene at the interment is said to have been very striking. Besides innumerable Lords and Lairds, many of whom came uninvited, the presence of countless humble mourners formed an interesting feature in the large gathering — the labourer, begrimed with toil, to whom the departed Lord had spoken a kindly word, and the poor widow, with child in hand, who had tasted the good Earl's bounty. Such an unusual concourse eloquently testified to the genuine affection with which the deceased was universally regarded. He had a way of doing kind acts, which never failed to touch 1 It is somewhat strange to find that in 1877 touching epistle to the young nobleman's pre- Lord Eglinton's son and successor, the four- decessor, in acknowledgment of his 'muni- teenth Earl, at the comparatively mature age of licence ' and ' patronage ' ; and the graceful and thirty-five, publicly announced that he had the prominent part (referred to by Mr. Hannay) ' bad taste ' to appreciate neither the poetry nor which his father took at the inauguration of the the character of Robert Burns ! Only ninety Doon monument will not soon be forgotten. years previously the grateful bard indited a ESTIMATES OF HIS CHARACTER 701 the hearts of the receivers. The mere giving of money was with him the least of the charity, for he was charitable in everything that could contri bute to human happiness. The Irish press vied with that of England and Scotland in describing Lord Eglinton's good qualities ; and the Corporation of Dublin unani mously adopted a resolution which declared that, by his death, ' Ireland had been deprived of one of her warmest friends.' In his Days of the Dandies, the late Lord Lamington refers to the great sensation caused by the Tournament. ' At this time,' he says, ' a certain halo of poetry and romance surrounded society : the railway had not exercised its levelling influence on all around. Lord Eglinton was himself the very type of chivalry, and in the Tournament he gratified not merely his own taste, but the spirit of the age. . . . Until the Tournament he was only known as a genial, frank, open-hearted nobleman ; but after that event he was regarded as one of the leading political men of the day, and was certainly in the confidence of Lord Derby, who sent him to Ire land, where, as Lord-Lieutenant, he achieved a great success. His warm hearted nature sympathised with the generous qualities of the Irish nation ; he moved amongst and entered into the lives and interests of all classes. Lord Eglinton was a proof how much heart can do in attracting all sorts and conditions of men ; for although he seemed, when he entered on his high office, to gain those qualifications which are especially required for its due fulfilment, he was not a highly gifted man, nor in his early youth had he devoted much time to serious occupation ; yet he surprised those who knew him best by his admirable speeches, the clearness of his judgment, and his power of work. . . . 'What a loss Lord Eglinton was! He was well known to Maga,1 and at his death he received from us the rare tribute of an " In Memoriam." We wrote of him as one who had conciliated the deep affections of the people. Honour was his polar star, and no consideration could induce him to move one step to the right hand or to the left from what he felt was the path of duty. Such was the high esteem in which his character was univer sally held, and so sincere the admiration which his high qualities inspired, that he was without exception the most popular nobleman in Scotland, and even those whose views were most diametrically opposed to his, acknow ledged his merits. In such terms wrote Maga in 1861 ; and now in 1890, after a gene Htion has passed away, his memory is still dear to all classes in the Lowlai. ; of Scotland.' The two following extracts are from the pen of the late Sir Archibald Alison, the historian : 2 — ' Never was there a man who discharged the duties of a kind and high bred host better than Lord Eglinton, or who won the hearts of all classes more completely by the charm of a courteous disposition, and the graces of a singularly captivating manner. He was gifted with natural talents of no 1 Blackwood's Magazine. 2 Life and Writings, i. 60 1, and ii. ^37- 702 HIS SKILL IN MANLY SPORTS ordinary kind, which enabled him to make a striking appearance in public whenever he was called on, although his education had been much neglected, and he had never been at a University. This great disadvantage, which to ordinary men would have been fatal in public speaking, was surmounted in him by a ready elocution, great tact in addressing his audience, and a happy selection of the topics most likely to please them. There was neither learn ing nor originality in his speeches, but great skill and address, and occasional felicity of thought and expression. His manner and delivery were perfect, and he never failed to dismiss his audience charmed with the speaker, the subject, and themselves. Passionately fond of rural sports and games, in which he drew the farmers and peasantry of his estates and adjoining country around him, he was eminently popular with his countrymen of all ranks and parties, and never made his appearance in public without being received with thunders of applause. . . . There is no public man in this age who has been more warmly and generally lamented than Lord Eglinton. . . . He was beyond all doubt the most popular nobleman in Scotland, or perhaps in the British Empire ; and he was so, although no one was more opposed to the encroachments of democratic power, or descended less to flatter its passions in order to win the suffrages of the popular party.' The following is the inscription on Lord Eglinton's monument in Wellington Square, Ayr : — ' In memory of Archibald William, Earl of Eglinton and Winton, P.C, K.T., K.P., Lord- Lieutenant of Ayrshire 1843-61, Lord Rector of Glasgow University 1852-3, and Lord- Lieutenant of Ireland 1852 and 1858-9. Born 29 September 1812, died 4 October 1861. This statue was erected by a public subscription of all ranks and classes, in testimony of admiration for his public character, of affectionate remembrance of his private virtues, and of universal regret for the loss occasioned to his friends and his country by his too early death.' The thirteenth Earl has been described as ' a veritable Crichton in all manly sports ' — excelling as he did in racing, coursing, hunting, shooting, golfing, curling, tennis, and billiard-playing. For upwards of twenty years his tartan jacket was always the favourite with the public ; and its wearers knew full well that their only orders were — to win if they could. Among his many good horses were Pompey, Aristides, St. Bennet, Blue Bonnet, Van Tromp, and The Flying Dutchman, which last won both Derby and St. Leger — the ' double-first ' of the Turf. The author of Out-door Sports in Scotland, after mentioning, in his Introduction, Lord Glasgow, Sir David Baird, Sir James Boswell, Robertson of Ladykirk, Lord John Scott, Mr. Hope Johnstone, Sharpe of Hoddam, and Ramsay of Barnton, says : ' But before all these may be mentioned the Earl of Eglinton, whose name has a sweet savour in connection with the Turf.' Lord Eglinton's devotion to the national game of curling is well known, and many good stories are told in Ayrshire of his performances on the ice along with his 'redoubtable henchman,' Hugh Conn. At a curling dinner at Kilmarnock, in 1842, in replying to the toast of his health, his Lordship TOURNAMENT OF 1839 7°3 said :-"-' I have the earnest wish to encourage the games and sports of my native country, and more especially such games and sports as by their nature are open alike to poor and rich. Among them I am sure there is none that can be compared to the game of curling.' The county of Ayr possesses the finest curling trophy in the world — ' the Eglinton Cup, which is said to have cost ,£360, and which is much prized as a memorial of the famous Earl, as well as for its great value' x One of the most interesting episodes in Lord Eglinton's comparatively brief career was the famous Tournament (already referred to), which took place at Eglinton Castle in the summer of 1839, when he was in his twenty- seventh year, and one of the handsomest men of his day. His object appears to have been to reproduce, in his own park, an imitation of such a tournament as Sir Walter Scott describes in Ivanhoe. The cost of the relative preparations amounted to upwards of .£40,000, but unfortunately the success of the brilliant effort was greatly marred by unpropitious weather. The scene of action covered four acres, and two enormous galleries were erected on either side, for the accommodation of private guests and invited spectators. Nearer the Castle two vast canvas saloons were set apart for the banqueting-hall and ball-room, and each of the twelve knights was provided with a marquee. The Marquis of Londonderry filled the office of King of the Tourna ment, while Lady Seymour, nie Sheridan (afterwards Duchess of Somerset), was Queen of Love and Beauty. The following is a list of the knights, each of whom was accompanied by two esquires : — 1. Earl of Eglinton. 7. Hon. Mr. Jerningham. 2. Marquis of Waterford. 8. Sir Frederick Johnstone. 3. Earl Craven. 9. Captain Beresford. 4. Viscount Alford. 10. Hon. Charles Maynard. 5. Viscount Glenlyon. 11. Mr. Charles Lamb. 6. Hon. Captain Gage. 12.- Mr. Lechmere. The grand stand was filled with ladies magnificently attired in the costumes of the fourteenth and fifteenth centuries, to whom, on entering the lists, each knight paid his devoir. At two p.m. the procession started from the Castle, in the midst of a drenching rain, which, as already stated, greatly spoilt the splendour of the fete. The venerable King of the Tournament, clad from head to foot in a panoply of burnished armour — valued at ^"1000,— presented a somewhat grotesque spectacle, under the canopy of an enormous gingham umbrella ! Despite the unfavourable weather, several jousting- matches took place, in one of which Lord Eglinton got the better of the Marquis of Waterford, on whose breast he shattered two spears. On the afternoon of the second day, when the weather somewhat improved, the sports were confined to the ball tent, in which Prince Louis Napoleon (afterwards Napoleon in.) engaged in a series of mimic combats on foot against Mr. (afterwards Sir) Charles Lamb. The proceedings Kerr's History of Curling, pp. 249 and 2t 704 ARCHIBALD-WILLIAM, FOURTEENTH EARL came to a conclusion on the third day with a general mitte, in which the various knights, armed with swords, met their opponents in amicable fray. The concourse of spectators was variously estimated at from 80,000 to 200,000 persons, and included visitors from all parts of the kingdom, from the Continent, the Colonies, and the United States. A humorous account of the mock fighting and the imitation of old-world chivalry was written for an American journal by the late N. P. Willis. There is an amusing reference to the ' spectacle ' in the recently published Recollections of the Dean of Salisbury, who happened to give a graphic description of the Tournament to the late Lord Cockburn. ' I look on it as a great folly,' said the worthy judge, ' but I think I should like to have been there after all ' ! 9. Archibald- William, fourteenth Earl of Eglinton, born 3rd December 1841, succeeded his father in October 1861, and was a Deputy- Lieutenant for the counties of Ayr and Lanark. He received a considerable part of his early education from the Rev. Mr. Corson, English master in Irvine Academy, who for some time acted as his private tutor. The Earl acquired an early liking for a life of active adventure ; and when about thirteen years of age entered the service of the Royal Navy as a midshipman on board the Conqueror. The love of the sea never left him ; and so long as his health permitted, he passed a good deal of his time either on board his own yacht, or in long voyages in the P. and O. steamers. Lord Eglinton was of a singularly retiring disposition, and except as Master of the Eglinton foxhounds — in which position he was very popular — he seldom appeared in any public capacity. When he was made a burgess and guild brother of the ancient burgh of Irvine he could not be prevailed upon to go through the usual formalities in the Council Chambers, and accordingly the Provost had to initiate and enrol his Lordship in the business room at Eglinton Castle. Though a man of few words, Lord Eglinton was possessed of excellent judgment ; and by his careful manage ment he did much to repair the inroads made on the family estates by the hospitality and expenditure of his father. About the year 1867 he presided at a meeting in Irvine which was held in anticipation of the rumoured Fenian rising ; and he made a short speech at the laying of the foundation-stone of the new public school at Kilwinning, after the Education Act came into force. On one occasion, at another meeting relative to a proposal regarding the sewage of Glasgow, where a late Provost of Ardrossan was inflicting a long-winded speech, the orator was _ bluntly cut short by Lord Eglinton— much to the amusement of the audience, — and all the subsequent speakers had the good sense to confine their remarks within reasonable bounds. Lord Eglinton did not take any active part in politics, and never took his seat in the House of Lords. GEORGE-ARNULPH, FIFTEENTH EARL 705 For several years before his death he suffered from a serious internal malady, to which he ultimately succumbed when in his fifty-first year — his father having died at the age of forty-nine. The work which will mainly preserve the memory of the fourteenth Earl of Eglinton is the extension of the harbour of Ardrossan, the new ' Eglinton Dock ' having been opened only a few months before his death. He married, 6th December 1862, Lady Sophia- Adelaide-Theodosia, daughter of Charles-Anderson Worsley, second Earl of Yarborough, and by her (who died 21st September 1886) had four daughters :— 1. Lady Sophy-Constance, born 28th November 1863, married, 15th January 1885, Captain Samuel Hynman-Allanby of Garnsgate Hall, and has issue. 2. Lady Theresa, born 17th July 1866, married, 15th July 1886, John Cross, Esq. of East Bank, co. Renfrew, and has issue. * 3. Lady Gertrude, born 26th July 1867, married, 7th February 1893, Ernest-Bruce-Ackland Lawford, Esq., and has issue. 4. Lady Diana, born 19th March 1870, married, 14th December 1889, Claud, only son of General Sir Claud Alexander of Ballochmyle, Baronet, and has issue. This marriage was judicially dissolved in July 1894. She married, secondly, 30th August 1894, Harold- Kenneth Allison, Esq. The fourteenth Earl of Eglinton died 30th August 1892. 10. George- Arnulph, fifteenth Earl of Eglinton, born 23rd February 1848, hereditary Sheriff of Renfrewshire, D.L. for co. Ayr, and late Lieutenant in the Grenadier Guards, succeeded his brother, 4U 706 ARMORIAL BEARINGS the fourteenth Earl, in August 1892, and married, 13th November 1873, Janet- Lucretia, daughter of Boyd- Alexander Cuninghame, Esq., and has issue 1. Archibald-Seton, Lord Montgomerie, born 23rd June 1880. 2. Hon. William- Alexander, born 29th October 1881. 3. Hon. Francis-Cuninghame, born 27th January 1887. 4. Lady Georgina-Theresa, born 8th May 1876. 5. Lady Edith-Mary, born 21st July 1877. Armorial Bearings. As given in Douglas's Peerage of Scotland, the arms of Eglinton are, quarterly, ist and 4th, azure, three fleurs-de-lis or, for Montgomerie ; 2nd and 3rd, gules, three annulets or, stoned azure, for Eglinton ; all within a bordure or charged with a royal tressure gules, for Seton, MODERN COAT 707 Supporters — two dragons vert vomiting fire (the crest of the Setons, Earls of Winton) ; formerly two women or angels in dalmatic habits. Crest — a lady, representing Hope, dressed in rich ancient apparel azure, holding in her dexter hand an anchor, and in her sinister a savage head by the hair. Motto—1 Garde bien.'1 As blazoned in the latest edition of Burke's Peerage, the Eglinton coat is, quarterly, ist and 4th, grand quarters, quarterly, ist and 4th, azure, three fleurs-de-lis or, for Montgomerie ; 2nd and 3rd, gules, three rings or, gemmed azure, for Eglinton, all within a bordure or, charged with a double tressure, flory-counterflory gules : — 2nd grand quarter, quarterly, ist and 4th, or, three crescents gules for Seton ; 2nd and 3rd, azure, three garbs or for Buchan ; over all an escutcheon per pale, gules and azure, the first charged with a sword in pale, proper, pommelled and hiked or, supporting an imperial crown, within a double tressure of the last ; the second charged with a star of twelve points argent, for the title of Winton ; 3rd grand quarter, quarterly, ist and 4th, or, a lion rampant within a royal tressure gules, a label of three points of the last for the Royal House of Stewart ; 2nd and 3rd, or, a fesse-chequy azure and argent, a label of three points gules, for Stewart ; over all an escutcheon azure charged with three garbs or for the Earldom of Buchan. Supporters, Crest, and Motto as in Douglas's Peerage. 1 In a i2mo MS. in the British Museum (Harl. verted anchor ; (2) out of a crown or a hand 1384) entitled 'Arms of English, Scottish, and gules holding a fleur-de-lis of the first. Motto— Irish Nobility,' two crests are given : (1) an in- 'Garde' only. 708 FAMILY OF OLIVESTOB XXI. Olivestob and St. Germains (i) Olivestob. HE HON. SIR THOMAS SETON, fourth son of Robert, first Earl of Winton, ' was provyded by his father to the lands of Holliestob, now, vulgo, Olivestobe.'1 The original name of this estate is commonly believed to have been Holy Stob (or Stop), the place where the Host stopped when it was being carried in procession from Preston to the Cistercian Abbey of Newbattle.2 Olivestob House, which since the latter part of the eighteenth century has been known as Bankton, is an old mansion, surrounded by some fine trees, within a short distance of the site of the battle of Prestonpans (1745) ; and in the adjoin ing grounds there is a monument to the gallant Colonel Gardiner, who was the owner of Olivestob at the time of his death on the battle-field aforesaid. At one time the interior of the house was richly panelled in oak, but all the woodwork was unfortunately destroyed by a fire which occurred in the beginning of the present century. Sir Thomas Seton married ' Dame Agnes Drummond, daughter to 1 Lord Kingston's Continuation of the History of the House of Seytoun, p. 73. 2 Statistical Account of Scotland, quoted in Anderson's House of Hamilton. ARMORIAL BEARINGS 709 Drummond of Corskelpy,1 of the family of Perth,' by whom he had three5 daughters : — 1. Margaret, married to George Seton, fourth Baron of Cariston (see No. xvi. supra). 2. , married to Major Keith, Sheriff of the Mearns. James Keith of Aforsk was Sheriff-depute of Kincardine (or Mearns) in 1704. 3. Grissell, married to James Inglis, ' in Edinburgh,' who was born in 1630. The marriage appears to have taken place at Tranent in 1655 ; and two years afterwards (1657) a daughter, Isabel Inglis, was born in Seton Palace, who married Alexander Reid, goldsmith in Edinburgh. Their great-grandson and representative was Charles- William Reid of the Audit Office, Somerset House, who married Catharine- Sophia, daughter and co-heiress of Benjamin Duncombe of Penlyne Castle, Jamaica, by whom he had a daughter, Ellen- Elizabeth Reid of Oxmantoun Hill, co. Dublin, now residing at Leyton, Essex, who, in 1867, assumed the surname of Seton, as is duly set forth in a blazon of her arms in the Lyon Register. In a com paratively recent issue of Burke's Peerage and Baronetage, we find the following statement under ' Eglinton ' : — ' Thomas (Sir), ancestor of the Setons of Olivestob, now represented by Miss Reid-Seton of Leyton, Essex.' The author of this work claims to be the representative of Sir Thomas Seton of Olivestob, as the direct descendant of Margaret, Sir Thomas's eldest daughter. It is supposed that Olivestob was purchased from the Setons by John Hamilton of Muirhouse, in the parish of Cramond, who is said to have resided at Olivestob in the year 1624.3 Armorial Bearings. No special arms appear to have been borne by Sir Thomas Seton of Olivestob, who probably carried the coat of Winton with the mark of difference (a martlet) pertaining to the fourth son. 1 The first Drummond of Corskelpy appears to have been Thomas, fourth son of Malcolm Drummond of Deanston, who was great-grand son of Sir Malcolm Drummond, ' eleventh chiefe of the Familie.' 'Som thinks these of this sirname to have been Campbell, and to be descended of one Duncan, called Dromock, because he was the first cam over the cairn Drum upon which are three cairns or hills of stone betwixt Argyle and Pearthes shyres, and these say that the barrs wavd (of the Drummond coat) are these three hills ; but the more generall tradition is that they cam from Hungary w* Q. MargV — Sir George Mackenzie's Account of Scottish Families — MS. 12,464, British Musenm. 2 In the MS. account of the Setons of Caris ton already referred to, a fourth daughter of Sir Thomas Seton is said to have married Gray of Skibo. 3 An interesting account of the Hamiltons of, Olivestob, by the Rev. Arthur Wentworth Hamilton Eaton, B.A., was privately printed at New York in 1893. 710 FAMILY OF ST. GERMAINS i. (2) St. Germains. The Hon. Sir John Seton of St. Germains, fifth, and youngest, son of Robert, first Earl of Winton, ' gott the lands of St. Germains1 after his brother, Sir Alexander, obtained the Earledome of Eglingtonc' 2 On the 14th of January 161 7 a charter of Aldingstone and Green- dykes was granted to Sir John Seton and his mother ; and three and a half years later (3rd July 1620) he and his 'affidate spouse,' Margaret Kellie, had another charter of the lands of St. Germains from his brother George, third Earl of Winton. Again, on the 15th of February 162 1, there is a charter by the King to ' John Seytoun of Sanct Germains ' of the lands and barony of Foulden, in the shire of Berwick, apprised from William Arnote of Cokburnespeth, and sold to the said John Seytoun for 2500 merks, due to Mr. William Kellie, W.S.3 Some nine years afterwards (31st December 1629) we find a registered discharge by Alexander, Earl of Eglinton, George, Earl of Winton, and Sir William Seton of Kylesmure, in favour of their ' beloved brother,' John Seton of St. Germains, from the obligation which he had granted to them and the late Margaret, Countess of Winton, in June 1620, not to sell 1 St. Germains, formerly an establishment of the Knights-Templars, was, after their sup pression, bestowed by James iv. on King's College, Aberdeen.— New Statistical Account of Scotland, Haddington, p. 293. 2 Lord Kingston's Continuation of the History of the House of Seytoun, p. 73. 180. Great Seal Register, R. M. S. (P. R.), ii. THE HON. SIR JOHN SETON 711 his lands, in consideration that he was now of age to manage his own affairs.1 On the 7th of November 1636, letters of horning were issued against Sir John Seton of St. Germains ('formerly designed John Seton, son of the late Robert, Earl of Wintoun'), and John Ramsay of Edington, for not observing the decreet-arbitral between them and Alexander Home, portioner of Chirnsyde, and Elizabeth Forrester his spouse, the judges being Mr. Robert Balcanquell, minister at Tranent, Robert Seton, servitor to the Earl of Winton, on the part of Sir John Seton and John Ramsay, and George Home of Diringtoun, and Mr. John Clappertoun, minister at Ednam, on the part of the Homes.2 Sir John Seton married Margaret, daughter of Mr. William Kellie, one of the Senators of the College of Justice, by whom he had, at least, two sons and four daughters : — 1. John, who succeeded his father. 2. Francis, married to Helen Inglis, and died in June 1666, as appears from the following entry in the Commissariot of Edinburgh Testaments (vol. lxxii.) : — ' Testament dative and inventory of the goods, etc., pertaining to the deceased Francis Seton, brother to the Laird of St. Germaines, who died in the month of June 1666, given up by Helen Inglis, his relict, only executrix-dative decerned to the deceased, on 3rd November 1666. Free gear .... ^3,965, 4s. ' The Earl of Winton was owing to the said Francis, by bond, for the sum of 4000 merks ; and the said Francis was due to George, Earl of Winton, for the crop 1666, the sum of ^"686, 2s. 2d.' Confirmed 7th December 1666, David Halyday, Chamberlain to the Lady St. Germains, elder, being cautioner.3 3. Margaret, married to Hamilton of Preston, who 'dyed without succession.' Her second husband was Ramsay of Edington. 4. Isobell, who died unmarried. 5. Jean, married to Alexander Menzies of Coulterallers, by whom she had several sons and daughters. 6. , who died young. 1 Books of Council and Session, 13th January 1630. 2 Inventory of Old Writs of St. Germains, 1623-78. 3 From the recorded testament of Elizabeth Seton, spouse to Mark Hamilton, chirurgeon- apothecary, burgess of Edinburgh, afterwards of Saltpreston, who died in July 1667, it appears that Sir Thomas Hamilton of Preston was owing to John Seton of St. Germains 5000 merks, and to Dame Margaret Kellie, Lady St. Germains, elder, 1000 merks. — Edinburgh Testaments, vol. lxxiii. 712 SECOND AND THIRD LAIRDS Sir John Seton 'dyed in good age [July 1638], and was buried in the buriall place of Seton.' 1 This appears from the record of his ' Testament Testamentar' in the Edinburgh Register, wherein he constitutes Dame Margaret Kellie, his spouse, his only executrix and tutrix to his children. The free gear amounted to vcxxxiijHt, and Robert Seton of Monkmylne is a witness. Sir John Seton must have died before 5th May 1640, as, in 'Letters of Inhibition ' of that date, Margaret Kellie is described as his ' relict.' Twelve years afterwards (18th February 1652), 'Dame Margaret Kellie, relict of Sir John Setoun of St. Germains, Knight,' grants a seven years' 'tack' of the half of the lands of Greendykes, in favour of 'John Huide, fermorer (farmer), in Hadderweik, and Katherine Cundeit, his spouse.' 2 Again, on the 5th of December 167 1, ' Dame Margaret Kellie, Lady St. Germains,' appears in a notarial instrument relative to the disposition of her moveable estate to Elizabeth, daughter of Alexander Menzies of Coulterallers, and David Halyday, 'servant to the said Dame Margaret.'8 Sir John Seton was succeeded by his eldest son, 2. John Seton of St. Germains, who married Anna Turnbull, by whom, we learn from the Tranent Register of Baptisms, he had a son and a daughter : — 1. George, baptized 27th April 1675. 2. Anna, baptized 15th December 1676. 3. George Seton of St. Germains appears to have succeeded his father, and to have been a writer in Edinburgh. From the following entry in the Commissariot of Edinburgh Testaments, kept at Hadding ton (vol. Ixxxvi.), we find that, besides Anna, already mentioned, he had three other sisters, Mary, Margaret, and Alison: — ' Testament dative and inventory of the goods, etc., pertaining to the late George Seton of St. Germans, writer in Edin burgh, who died on 1 ith January 17 18, given up by Andrew Hay, brother- german to the late James Hay of Carriber, husband, and in name of Mary 1 Lord Kingston's Continuation, p. 74. 2 Inventory of Old Writs of St. Germains, 1623-78. 3 Inventory of Old Writs of St. Germains, 1623-78. ARMORIAL BEARINGS 713 Seton, his spouse, by Margaret Seton, residenter in Bristo, and by James Kelburn, chamberlain to the Viscount of Garnock, husband, and in name of Alison Seton his spouse ; which Mary, Margaret, and Alison Seton are sisters-german and only executors-dative decerned to their said brother on 5th February 17 18. ' Inventory and debts owing to the deceased . .£12,377, 16s. 3d. ' Robert Seton, writer in Edinburgh, James Seton, writer there, and John Seton, elder, barber and wigmaker in Edinburgh, are mentioned as indebted to the said George Seton by bond, dated 23rd May 17 16, for the sum of 500 merks.' Confirmed 7th February 17 18, Sir William Menzies of Gladstanes being cautioner. If George Seton of St. Germains was married, the name of his wife does not transpire ; and it would appear that the family is extinct in the male line. Armorial Bearings. Or, a fesse between three crescents in chief and as many fleur-de-lis in base gules barways. 'So cut upon stone,' says Nisbet, 'above the entry to the House of St. Germains.' The herald adds that the first Seton of St. Germains ' married one of the name of Kellie, for which the fleurs-de-lis are added in base.'1 Neither the Crest nor the Motto is mentioned by any of the writers on Scottish Heraldry. System of Heraldry, first edition, i. 244. 4X 714 KINGSTON LINE XXII. Kingston HE first of this family was the third son of George, third Earl of Winton, viz. : — i. Alexander Seton, first Viscount Kingston, born 1 62 1, who, when King Charles 1. visited Seton in 1633, welcomed him with a Latin oration at the iron gate of the Palace, where his Majesty sat in state, surrounded by the nobility. The youthful scholar was attended by his schoolmaster, a peda gogue, and other four masters of arts, all grave and learned men, clothed in black cloth and cloaks lined with velvet, the ground being covered a great way from the throne with a carpet. Young as he was, he delivered his oration boldly, with suitable gesture, for which he had the applause of his Majesty and all present ; and, before he rose off his knee, the King conferred upon him the honour of knighthood, saying : ' Now, Sir Alexander, see that this does not spoil your school ; by the appearance you will be a scholar' ; to which the juvenile knight calmly replied, ' No, please your Majesty.' In 1636 he was sent to France, and lived two years at the College of La Fleche ; then passed to Italy, where he remained for a year. Embarking at Leghorn, he landed at Alicant, from which he went to Madrid, and there resided seven months. On leaving Spain he embarked at St. Sebastian, and found his way to Rochelle, and after travelling ALEXANDER, FIRST VISCOUNT 715 Ay/.y/ A/iA-Ay/ / kwj A Ay through the greater part of France, came to England in 1640. To avoid subscribing the Covenant, in 1643, ne went to Holland for eight months; and on his refusing to subscribe after his return to Scotland, he was excommunicated in Tranent Church, on the 8th of October 1644. He then passed over to France, where he attended upon Prince Charles till 1647, when he returned to London. He was employed in several important negotiations by King Charles 11., and was created Viscount of Kingston, with limitation to the heirs-male of his body, 14th February 1651. On the same day he writes the following plucky letter from Tantallon Castle to the Earl of Lothian : — 'My Lord, Be pleased schow his Majestie that we hier arre doeing our best for his Majesties seruice (according to our bund duetie), and sail endeuoaure (be God's helpe) to render his Majestie such account of this place as becomes loyall and true subjects. Our conditione for the present is gud : (as can be that of men now 8 dayes seiged) and laks for nothing : for quhat we ar be all gud fellows and of 716 SIEGE OF TANTALLON on meind, purpossing to stand to it to the last. Alwayes I hope this will not hinderre our releiwe ; being confident of your Lordship's caire of that (as allwayes it is in quhat concerns King and cuntrie) quhich sail be ane obligatione neuer to be forgotte be him who is your Lordship's most obedient and humble seruitor, SE Al. Seatoune. 'THEMPTALLOUNE, 14 Februarre 1651. ' To the right honorablle my verie noble Lord, my Lord the Earle of Lothian.'1 Tantallon Castle was at this time besieged by Oliver Cromwell. It was surrendered on the evening of 21st February, 'after he had battred at the for wall 12 dayes' continually with grate canon. Capitaine Alexander Setton defendit the. same gallantly, bot after that the enimeyes canon had oppind a warey large-'breache, and filled the dray ditche with the wall, he entred it by storme.' The Captain and his men thereupon betook them selves to the tower, and only surrendered upon quarter being granted them.2 The following statement occurs in Thomas Kirk's Tour in Scotland in 1677 : ' From Dunbar, though in a valley, we saw three high hills, Depender-law (Traprain), North-Berwick law, and the Basse island. They told us that my Lord of Kingston would convene his tenants on the top of Depender-law tomorrow, being the 29th of May, and make them merry, and fire a gun or two there.'3 In Sir George Mackenzie's MS. Account of Scottish Families in the British Museum (12,464), after giving the parentage and marriages of the first Viscount, the writer states that he ' died poor, having spent both his own estate and his lady's.' Among the Lauderdale Papers in the same repository (23,116, f. 70) is a letter to King Charles 11. on his marriage, dated Edinburgh, 17th May 1 66 1, which bears a large number of signatures, including that of Lord Kingston. In the same collection (23,126, f. 142) we find a com munication from the Viscount to Lord Lauderdale, dated Edinburgh, 23rd March 1667, relative to the proposed levying of more troops 'in this kingdome,' in which he assures Lord Lauderdale of his desire to be looked upon as 'ane obedient loyall subjeckt.' About a year later (19th May 1668) he writes to Lord Lauderdale from ' Whyttyngame,' and gratefully refers to the King having appointed him to command the Militia of East Lothian. 'Neither by word nor writ,' he says, 'can I thankfullye enough express myselff for your Lo. noble remembrance ; itt hes been these severall generations, both by blood and obligation, to the nearest off my relations a deutye to serve your Lo. and your noble famellye ; et si licet parva componere magnis, I doo presume to inroll myselff amongst the 1 Correspondence of the Earls of Ancram and 3 Supplement to Hume Brown's Early Travel- Lothian, ii. 340. lers in Scotland, p. 10. 2 Balfour's Annals, iv. 249. JyykA0Ay, <^yUA>2^^AZ/ HIS FIRST AND SECOND WIVES 717 number.'1 The letter bears a very fine signature ('Kingstoune'), while the seal exhibits the quarterly family coat, sur mounted by a coronet. In 1667 the valued rent of Lord Kingston was ^555, 3s. 6d. Scots, out of a total of ^"1614, 9s. 7d.2 Lord Kingston married, first, Jean, daughter of Sir George Fletcher, Knight, by whom he had one daughter, the Hon. Jean Seton, married to James, third Lord Mordington. He married, secondly, Elizabeth, daughter of Sir Archibald Douglas of Whittinghame,3 in the county of Haddington, heiress of her brother Archibald, who died 28th November 1660, and to whom she was served heir in May 1662. They had issue : — 1 Lauderdale Papers, 23,129, f. 108, British- Museum. 2 Morham Parochial Register, vol. i. 7i8 ISSUE OF SECOND MARRIAGE i. Charles, Master of Kingston, who died unmarried in the lifetime of his father. 2. Hon. George Seton, who died a young man, after he had been for some years a Captain in Douglas's regiment in France. 3. Hon. Alexander Seton, a distinguished scholar, who died young. 4. Archibald, second Viscount Kingston. 5. Hon. John Seton, died at nine years of age. 6. James, third Viscount Kingston. 7. Hon. Isabel Seton, died in her eighth year. 8. Hon. Barbara Seton, died in her sixteenth year. SECOND AND THIRD VISCOUNTS 719 9. Hon. Elizabeth Seton, married to the Hon. William Hay of Drumelzier, whose posterity were owners of Whittinghame. The Viscount married, thirdly, the Hon. Elizabeth Hamilton, third daughter of John, first Lord Belhaven ; and fourthly, 3rd August 1686, Lady Margaret Douglas, daughter of Archibald, Earl of Angus, and sister of James, second Marquis of Douglas — in both cases without issue. 2. Archibald Seton, second Viscount Kingston, was, under the style of ' Master of Kingston,' served heir of Charles, Master of Kingston, his eldest brother, 9th October 1683, and of Elizabeth Douglas, his mother, 8th September 1684. He died unmarried in 17 14, when he was succeeded by his younger brother, 2 (a). James Seton, third Viscount Kingston, an Ensign in the regiment of Scottish Fusiliers, commanded by Colonel Buchan, about 1687. Three years afterwards (16th August 1690) he turns up in a strange adventure, narrated by Dr. Chambers in his Domestic Annals of Scotland •} — 'Adam Cockburn, the post-boy, who carried the packet or letter-bag on that part of the great line of communication which lies between Cockburns- path and Haddington, had reached a point in his journey between the Alms-house and Hedderwick Muir, when he was assailed by two gentlemen in masks; one of them "mounted on a blue-gray horse, wearing a stone- gray coat with brown silk buttons" ; the other "riding on a white horse, having a white English gray cloak coat with wrought silver thread buttons." Holding pistols to his breast, they threatened to kill him if he did not instantly deliver up "the packet, black-box, and by-bag," which he carried; and he had no choice but to yield. They then bound him, and leaving him tied by the foot to his horse, rode off with their spoil to Garleton House near Haddington. 'As the packet contained Government communications besides the correspondence of private individuals, this was a crime of a very high nature, albeit we may well believe it was committed on political impulse only. Suspicion seems immediately to have alighted on James Seton, youngest son of the Viscount Kingston, and John Seton, brother of Sir George Seton of Garleton ; and Sir Robert Sinclair, the Sheriff of the county, immediately sought for these young gentlemen at their father's and brother's houses, but found them not. With great hardihood, they came to Sir Robert's house next morning, to inquire, as innocent men, why they were searched for, when Sir Robert, after a short examination in presence of the post boy, saw fit to have them disarmed and sent off to Haddington. It was Sunday, and Bailie Lauder, to whose house they came with their escort, 1 Vol. iii. page 32. 720 A MYSTERIOUS AFFAIR was about to go to church. If the worthy bailie is to be believed, he thought their going to the Sheriff's a great presumption of their innocence. He admitted, too, that Lord Kingston had come and spoken to him that morning. Anyhow, he concluded that it might be enough in the meantime if he afforded them a room in his house, secured their horses in his stable, and left them under charge of two of the town-officers. Unluckily, however, he required the town-officers, as usual, to walk before him and his brother- magistrates to church ; which, it is obvious, interfered very considerably with their efficiency as a guard over the two gentlemen. While things were in this posture, Messrs. Seton took the prudent course of making their escape. As soon as the bailie heard of it, he left church, and took horse after them with some neighbours, but he did not succeed in over taking them. ' The Privy Council had an extraordinary meeting, to take measures regarding this affair, and their first step was to order Bailie Lauder and the two town-officers into the Tolbooth of Edinburgh as close prisoners. A few days afterwards the magistrate was condemned by the Council as guilty of plain fraud and connivance, and declared incapable of any public employment. William Kaim, the smith at Lord Kingston's house of Whittingham, was also in custody on some suspicion of a concern in this business ; but he and the town-officers were quickly liberated. 'John Seton was soon after seized by Captain James Denholm on board a merchant-vessel bound for Holland, ahd imprisoned in the Castle of Edinburgh. He underwent trial in July 1691, and by some means escaped condemnation. A favourable verdict did not procure his immediate liberation ; but, after three days, he was dismissed on caution to return into custody if called upon. This final result was the more remarkable, as his father was by that time under charge of having aided in the betrayal of the Bass.' 1 Engaging in the ' Rising ' of 17 15, the third Viscount was attainted by Act of Parliament, his estates and honours being forfeited to the Crown. He married Lady Anne Lindsay, eldest daughter of Colin, third Earl of Balcarres, and widow of Alexander, fifth Earl of Kellie, their post-nuptial contract being dated 16th April 17 14; but by her, who died at Edinburgh, 4th February 1 743, had no issue. Lord Kingston died ... r A , about 1726, and in him terminated the male line of Alexander, first Viscount Kingston. (i8gor MSS' °f S' H' k Flemin£ at Rydal Hall~ Historical MSS. Commission, 12th Report, p. 327 THE HAYS OF DRUMELZIER 721 Armorial Bearings. Quarterly: ist and 4th, or, three crescents within a royal tressure gules ; 2nd and 3rd, argent, a dragon vert, with wings expanded and tail nowed, as a coat of augmentation, being the crest of the Seton family. Supporters— two blackamoors, wreathed about the head and middle with laurel, and armed with darts proper. Crest — a flame of fire issuing out of a crescent, gules. Motto — 'Habet et suam.'1 The heirs of line of the Kingston family are the Hays of Duns Castle, through their'direct descent from the Hon. Elizabeth Seton, only surviving daughter of Alexander, first Viscount Kingston, by his second wife, Elizabeth Douglas, heiress of Whittinghame, who married, as we have already seen, the Hon. William Hay of Drumelzier, born 1649, son of John, first Earl of Tweeddale, by whom — besides a younger son, William, who died without issue, and a daughter, Margaret, married to Robert, seventh Lord Blantyre — she had an elder son, 1. Alexander Hay of Drumelzier and Whittinghame. The Hays of Drumelzier were long the proprietors of Whittinghame. ' They were accounted most excellent landlords, — were highly esteemed by their equals, — 1 In a folio MS. in the British Museum (Add. 33,260) entitled 'Illuminated Peerage of Scot land,' Encore Avant is given as the Kingston motto. 4Y 722 ROBERT HAY OF DRUMELZIER, ETC. and revered and beloved by their tenants in every county where they had property. Their representatives still retain the same amiable character.' * Alexander Hay married, first, the Hon. Anne Stuart, fourth daughter of Alexander, fifth Lord Blantyre, and by her (who died in 1 743) had five sons and two daughters : — 1. William, who died without issue. 2. Alexander, an officer of the Nor folk East Indiaman, died at Kinsale in 1758. 3. Robert, his father's heir. 4. James, of Nunraw. 5. John. 6. Anne, married, first, in 1751, to Sir Patrick Murray of Balmanno, Baronet ; secondly, in 1769, to Archibald Stirling of Keir. 7. Margaret, married to Sir Henry Seton of Culbeg, Baronet. Mr. Hay married, secondly, in 1752, Jean, daughter of Lord David Hay of Belton, and dying 13th March 1789, in his eighty-eighth year, was succeeded by his eldest surviving son, 2. Robert Hay of Drumelzier, Whittinghame, and Linplum, born 13th April 1731, who was for thirty- eight years in the East India Company's Civil Service. He married, 7th February 1786, Janet, eldest daughter of James Erskine of Cardross, and by her (who died 29th August 1808) had issue five sons and four daughters : — 1. William, of whom afterwards. 2. James, of Linplum, born 2nd May 1790, died 2nd December 18 19. 3. Alexander, of Nunraw, born 6th September 1796, killed at Waterloo, 18th June 1815. 4. Robert, of Linplum and Nunraw, well-known Eastern traveller, who made numerous researches and a large collection of antiquities in Egypt, and born 6th January 1799, a 1 New Statistical Account of Scotland, Had dington, p. 64. The estate of Whittinghame was sold in 1817 to Mr. James Balfour, second son of John Balfour of Balbirnie. WILLIAM HAY OF DUNS CASTLE 723 was author of Illustrations of Cairo. He married, in 1828, Kalitza (who died 5th June 1885), daughter of Alexandros Psaraki, Chief Magistrate of Apodhulo, Crete, and died at Amisfield, East Lothian, 4th November 1863, having had issue : — (1) Robert- James- Alexander, M.A., Magdalen College, Cambridge, born 14th May 1840, married, 5th April 1875, Caterina- Maria-Teresa, third daughter of the late Marchese Frescobaldi, of a Florentine patrician family, and has had issue : — (a) Robert- William-Seton, born 24th July 1878. (b) Charles, born and died nth June 1879. (c) Alexander-James-Dino, twin with his brother Charles. (2) James- William, born 5th August 1841, married, 12th January 1874, Josephina-Maria Molyneux, and has two daughters : — (a) Kalitza- Janet-Erskine-Christian, married, in 1863, to George Stirling- Home- Drummond of Blair-Drummond and Ardoch (for whose first marriage see below), who died 3rd June 1876. (b) Henrietta-Maria, died unmarried 9th February 1875. 5. Charles- Erskine of Nunraw, born 20th October 1801, died at Paris 5th May 1827. 6. Christian. 7. Henrietta, married, 29th January 1822, Charles-Alexander Moir of Leckie, and died 6th August 1854. 8. Anne, died unmarried 27th February 1882. 9. Elizabeth-Seton, died unmarried 8th March 1858. Mr. Robert Hay died 21st August 1807, and was succeeded by his eldest son, 3. William Hay of Duns Castle, born 29th February 1788, J. P. and D.L., Colonel of the Militia, Convener of the county of Berwick, and a keen and popular sportsman, married, 13th May 1816, Mary, elder daughter of Major John Bradstreet Garstin, 65 th regiment, only son of Lieu tenant-Colonel Robert Garstin, D.L., of Harold House, co. Bedford, and by her (who died 10th June 1863) had three sons and six daughters : — 1. William-James, of whom after wards. ^ 2. Alexander-Charles, General Madras Army, born 24th February 1829, married, 1 8th April i860, Annie, daughter of Major-General Dobbs, late of the Mysore Commission and died 8th May 1893, leaving issue : — 724 WILLIAM-JAMES HAY OF DUNS CASTLE (i) William-Hope, born 8th June 1862, the present heir of line of the Setons, Viscounts Kingston. (2) Francis-Stuart, born 22nd July 1863. (3) Charles- Alfred, born 15th December 1867. (4) Alexander-Graham, born 9th June 1871. (5) Edward-George, born 2 ist October 1879. (6) Mary-Henrietta, married, in 1886, to Colonel Neville Chamberlain. (7) Helen-Cordelia. 3. Robert- Mordaunt, who succeeded his eldest brother William. 4. Mary, married, nth August 1840, to George Home-Drummond, younger of Blair- Drummond, and d. s.p. 4th April 1855. 5. Christian- Henrietta. 6. Anne-Elizabeth, married, 19th February 1855, Robert Graham- Moir of Leckie, co. Stirling, who died 3rd March 1864, leaving issue. 7. Cordelia, married, 28th June 1848, J. B. Yonge of Pushnch, co. Devon, who d. s.p. 12th November 1863. 8. Janet-Matilda, married, 8th October 1856, Charles-Thomas-Con- stantine Grant of Kilgraston, co. Perth, and has issue. 9. Harriet-Scott. Colonel Hay of Duns Castle died 16th May 1876, when he was succeeded by his eldest son, 4. William-James Hay of Duns Castle, J. P. and D.L., born 26th May 1827, passed his earlier years in the Bengal Civil Service, and married, 12th January 1865, Margaret- Caroline, second daughter of William Hay of Hopes, co. Hadding- and d. s.p. 18th December 1893. Mrs. Hay died 29th March 1894. Mr. Hay evinced a deep interest in the duties which devolved upon him as an extensive land owner, and throughout a period of pro tracted agricultural depression he proved a most considerate proprietor. Mr. William Hay was succeeded by his youngest brother, 4 (a). Robert-Mordaunt Hay of Duns Castle, born 4th October 1833. Prior to 1820 Duns Castle was a large rectangular building, with a square tower of considerable elevation at the east end, and a lower semi circular tower to the back. The eastern tower was the original castle or .^ ANTIQUITY OF DUNS CASTLE 725 fortalice, built (probably about 1320) by Thomas Randolph, Earl of Moray, who took a prominent part, under Bruce, in the War of Independence, and on whom the town and lands of Duns were bestowed by the King as a reward for his services. The walls of Randolph's castle are of enormous thickness, and the structure must have been a place of considerable strength. Duns Castle was the headquarters of General Alexander Leslie when the Covenanters lay encamped on Duns Law in 1639. About the close of the seventeenth century an addition was made to the castle, when it came into the possession of the Drumelzier family, by the Hon. William Hay, who married Elizabeth Seton, daughter of the first Viscount Kingston. At a later period the semicircular tower, already mentioned, was added by Alexander Hay of Drumelzier, great-grandfather of the present proprietor. Nothing more seems to have been done to the building till 1820, when Colonel William Hay threw off at the angles of the old structure the tall battlemented turrets which now form very characteristic features of the 726 FAMILY PAPERS AT DUNS CASTLE edifice, added a main doorway on the south side, and converted the original square windows into large lights of Gothic form, with appropriate tracery. At the same time a good many bedrooms were sacrificed in the centre of the building to make way for the elegant new entrance-hall, while an addition was made to the west side, constructed by Mr. Alexander Hay. In this way the external aspect of the castle was completely trans formed ; but the original walls are still almost entire, and very little change has been made upon the ground-plan, which is given, on a small scale, in the fifth volume of Messrs. Macgibbon and Ross's valuable book on Scottish Castellated and Domestic Architecture. Among the family papers at Duns Castle are numerous documents connected with the process raised by George, fifth Earl of Winton, against the Viscount Kingston, James Seton his brother, the Laird of Drumelzier, and others. I happen to possess a printed copy of the relative ' Informa tion,' extending to five folio pages, and signed by ' David Dalrymple,' afterwards Lord Hailes. After stating that the Earl, during his absence abroad, had the misfortune to lose his father, mother, and only brother, it is said that while his estate. was 'in the hands of servants, certain relatives of his family ' calmly took possession of the property. ' The Earl's house was possessed, his furniture carried away and disposed of, the jewels and plate of his family transported, his servants dispossessed, his granaries broke open, and his casual rent, as well as real, which is of con siderable yearly value,, intromitted with; the casual rent indeed entirely, and the real rent, as far as the tenants could be prevailed with to pay, without a title' It is also stated that the defenders ' were at no pains to take care and secure the writs and effects of the defunct, as required by the Act of Sederunt of 23rd February 1692 ; and therefore they fall, under the certification of that Act, to be held as Imbazlers (sic) of writs, evidents, money, or precious moveables ; and therefore the coming there at that time, without due regard for preserving the interest of the heir, is so far from being an alleviation that it fortifies the pursuer's intention. But further, this excuse ought never to have been mentioned ; for it is too well known with what atrocious circumstances of contempt the defenders pre tended to dispose of the late Earl's body, and of the body of Mr. Christopher, his son, at that time' It is further asserted that 'several things were transmitted from Seton to the house of Whittinghame, where Drumelzier keeps family, and where the hail other defenders reside. . . . The spirit and direction of the management appeared in the hands of Mr. Gordon, a principal servant of Drumelzier 's, and a domestick, and entrusted by him in the management of his other affairs.' The ' Information ' concludes as follows : — ' It requires an extraordinary degree of prepossession and folly to imagine that the defenders should believe that a nearer than the Viscount of Kingston would not appear and claim so valuable a succession and estate as the estate of Winton, especially when it was so notour that the present Earl was alive ; and, as he had just reason, was exceedingly dissatisfied with the usage he met with, whereof LETTER TO THE LAIRD OF DRUMELZIER 727 indeed there are no examples to be met with in the history of his country, nor indeed in the histories of any other civilised nation.' The following curious letter to the Laird of Drumelzier, evidently from the ' Mr. Gordon ' referred to in the ' Information,' turns up among the family papers at Duns Castle : — ' Sir, — The accou I promised to send is on the oyr page : They wer all bought cheap att publict roup, in regard the person who I imployed to bidd for me told all ther present not to exceed his offerr, because he was to bue them for the ffreinds of the ffamilie : And sea11 years since, I was offerred the same vallue from the gold smiths, and a 4th p* more, from some oyr gentlemen for some of the peices of gold : but haveing given in a Nott of them to my Lady your mother, she desyred me att noe rate to disspose of them, for she would take and keep them for your use, and satisfie me to the full for them. I have now lain long, above 1 1 yeares, out of my money, And ab* six yeares since I ffirst gaue in the tables to my Lady Blantyre. You will therfor please wth convenience to order the pay* eyr by bond, bill, or oyl wayes, as you think ffitt. I begg leave also to lay beffor you, your uncle's bond, all writt with his oune hand, of 20lb Star, and except a dutch black coatt, all advanced to him in readie cash, wth @rent from 17 Octor 17 1 2. Drumellier and my Lady assured me that I should not loose that money. I am now to betake myselffe to anoyr state of lyffe ; this cropt 1727, being the last of 19 yeares, I can continue in that great trust, my Lord Hoptoun for soe long a time hath honoured me with : And wer nott oyr reasones then I have from his Lop, I would not yett give itt over, and I have at the same time a just sence and a gratefull remembrance to the memory of him, wth whom I spent pairt of my your yeares soe hapiely as to improve my selffe, to be capable now to perform soe great a charge. I know you will excuse the trouble of this long letter. Wishing all prosperitie and happiness to you, your ffamillie, your broyr, and my Lady Blantyre : permitt me alwayes to acknowledge my selffe in all duetie, and wth great respect to be, Sir, your most Duetiefull and very obedient Hum16 Serv*, Jo. Gordon. 'Niddry Castle, 12th fanry. 1728. ' Please direct for me to be lefft att Mr Tho. Gordon's, Watchmaker in Edinr, over agst the Guard, or att Mr Alex. Hepburn's, Merch* in Haddington.' It will be observed that the account in question includes the ' Silver Tables and men,' the ' two gold dice,' the medal bearing the monogram of George, seventh Lord Seton, and Isabel Hamilton his wife, and the three- sided steel seal engraved at page 721. The Mary Seton necklace, however, does not appear. 728 HEIRLOOMS AT DUNS CASTLE 26 1 41 ; ' Mr Alexr Hay of Drumellier, Debtr To Jo: Gordon. Star. mp. the Silver tables and men weighting 6 pd. 9 un. 8 drp t. the 2 gold dice weight 7 drop t. on thick peice of gold with a cross the motto ' In hoc signo vinces ' w4 1 Unce 2^ drp. .... t. on large p08 of gold the motto 'providentia . . . divina obnoxia' w* 1 Un 2 drp t. on pce gold Mary Queen Scotts w' 4 drp t. on pce gold Phi. 4th Spain w' 2 drp 25 Gr t. on pca gold the motto ' Concordia res parvae crescunt ' t. on pce gold the motto ' Nemo potest duobus dominis servire ' w*3^drp .... t. on Spanish poe w* 2 drp 26 Gr t. 2 or 3 small pees w* 3 drp 24 Gr t. 3 gold rings on enameled w* 3 drp 20 Gr t. on ring wth a cross of 8 diamonds t. 2 pr. gold butt: on pr gold Earings w' 7 drp 19 Gr t. t>n seall cutt in steell wth 3 sides t on silver seall — nothing. S3 07 : 6 15: 1 :g : 19 : 3:6 14 : 6 9:8 19 = 3 14 : 8 1 19 1 2 8 : 8 ' This account is pay'd and the discharge is amongst Jo: Hay's accounts.' [Addressed on back — 'To Mr Alexander Hay off Drumellier att Dunss Castle.'] Another series of documents (1713-25) relate chiefly to the settlements of Anna, Viscountess Kingston (wife of the last peer) — one very long paper, dated 1713, being signed by William Hay and James Seton. In an inventory of heirlooms we find the 'silver tables' or draught board already referred to (supra p. 135); the gold medal, with monogram of George, seventh Lord Seton and his wife, Isabel Hamilton (supra p. 153) ; ten gold coins, of which one pertains to the reign of Queen Mary ; and a ' family tree of Seton,' which seems to have disappeared. There are also preserved at the Castle a beautifully printed Missal, bearing the arms of George, seventh Lord Seton (engraved at p. 197 supra) ; several exquisitely illuminated books of devotion, executed in the fifteenth century ; deeds signed by Queen Mary and her son James vi. ; one of the originals of the National Covenant ; and locks of the hair of Prince Charles-Edward and his brother the Cardinal, Duke of York. Many of the papers relate entirely to the Hays of Drumelzier, and include the contract of marriage between Lord John Hay and Lady Margaret Montgomery. A small clasped pocket-book contains a beautifully engrossed genealogy of the Setons and a number of birth and death entries which are printed in Mr. Sharpe's edition of Maitland's House of Seytoun. The following is a list of documents at Duns Castle relating to the Seton family : — PAPERS AT DUNS CASTLE 729 1. Note of the Earl of Winton's charter, dated 31st July 1686. 2. Minute of Proceedings at Cockenzie on 15th January 1705, at meeting between Mr. James Seton, Sir Walter Scott, the Laird of Touch, and William Seton, younger of Pitmedden, in reference to the manage ment of the Winton Estate. 3. Copy Libel, Sinclair v. Mr. James Seton, 14th April 1705. 4. Inventory of Books belonging to the Earl of Winton, now in John Fraser's house, relating to accounts on the estate. 5. Instrument of Protest by Mr. James Seton, brother to the Viscount Kingston, against the Managers of the estate of Winton, for not exhibiting their account-books at Port Seton, 4th August 1 705. 6. Similar Protest by both parties anent the delivery of the keys of the Earl of Winton's Girnels, 4th August 1705. 7. Protest by Mr. James Seton to the same effect, 8th August 1705. 8. Protest by the same against Norman Blackadder, 9th August 1705- 9. Consent of the Creditors on the Estate of Winton to the appoint ment of Mr. James Seton as judicial factor thereon, 1706. 10. Information for the Viscount Kingston as next apparent heir of Winton, in reference to the affairs of the Earldom, and for the appointment of his brother, Mr. James, as factor, ist July 1706. 1 1-23. Papers relating to the Creditors and Management of the Estate of Winton, 1706-7. 24. Instrument of Protest by George, Earl of Winton, and delivery to him of the keys of the Granaries, etc., at Tranent, 9th November 1707. 25-31. Papers in Process between Lord Winton and Mr. James Seton, 1707-9. 32. Paper containing ' some matters of Fact ' in reference to the origin of the case. 33-56. Papers in Process, 1709-17 12. 57-94. Papers in Process, 171 2-17 14. 95-103. Kingston Papers, 1713-1725. List of Documents produced and founded on by the thirteenth Earl of Eglinton in his service as heir-male general of George, fourth Earl of Winton, in 1840, which appear to relate to the family of Seton, Viscounts Kingston : — 1. MS. Record of the Births, Marriages, and Deaths of the principal members of the Winton family from 1593 to 1624, in the handwriting of George, third Earl of Winton (1606-50). 2. Extracts from the Family Bible at Duns Castle, containing entries of the Marriages, Births, and Deaths of the Kingston family from 1650 to 1695, all made by the first Viscount Kingston (1 651 -91), with the exception of three, which were made by the second Viscount (1 691- 17 14). 3. Confirmed Testament of Alexander, first Viscount Kingston, the decree upon which is dated 26th December 1696. 4. General Retour of Archibald, Master of Kingston, as ' haeres Caroli 4z 730 DOCUMENTS AND PORTRAITS Magistri de Kingston fratris germani immediate senioris,' dated 17th September 1683. 5. Special Retour of the said Master of Kingston as ' haeres Dominse Elizabethse Douglas, Vicecomitissae de Kingston, matris, in terris et Baronia de Whittinghame,' dated 8th September 1684. 6. Certified copy Summons of Declarator before the Court of Session, at the instance of Archibald, Viscount of Kingston, nearest lawful and apparent heir to the deceased George, (fourth) Earl of Winton (1650- 1704), against George Seton (fifth Earl of Winton, 1704-16). Signeted 23rd, and with execution thereon dated 24th May 17 10. 7. Printed information in an action between the said Viscount and George, (fifth) Earl of Winton, 19th July 171 1. 8. Contract between Archibald, Viscount of Kingston, and Mr. James Seton, his brother, whereby the Viscount disposes to his brother the Barony of Whittinghame, under burden of an aliment to himself of 2000 merks, dated 26th March 17 13. 9. Post-nuptial Contract of Marriage between Mr. James Seton, brother-german to the Viscount of Kingston, and Anna, Countess of Kellie, dated 26th April 17 14. 10. Instrument of Sasine in favour of Anna, Viscountess Kingston, dated 17th December 17 19, and recorded in the Particular Register at Edinburgh 4th January 1720. 11. Decreet of Locality, Anna, Viscountess of Kingston, against William Hay of Drumelzier and others, dated 2nd February 1726. 12. Ante-nuptial Contract of Marriage between William Hay of Drumelzier, lawful son to the deceased John, Earl of Tweeddale, and Lady Elizabeth Seton, lawful daughter to the deceased Alexander, Viscount of Kingston, dated 23rd November 1695. The Seton Portraits at Duns Castle are as follows : — 1. George, seventh Lord Seton, and his family. From the original in the possession of the Somerville family. 2. Robert, first Earl of Winton, Lady Margaret Montgomerie, his Countess, and their daughter Isabella, successively Countess of Perth and Bothwell. 3. George, third Earl of Winton, aet. 40. 4. Lady Anna Hay, his first Countess, aet. 32. 5. Lady Isabella Seton, wife of Francis, sixth Lord Semple. 6. Alexander Seton, sixth Earl of Eglinton ('Greysteel'). 7. Major-General the Hon. Robert Montgomerie, fifth son of No. 6. 8. Alexander, first Viscount Kingston (in black dress). 9- E)o. do. after the battle of Worcester. 10. Do. do. (in armour). 11. Elizabeth Douglas, heiress of Whittinghame, first Viscountess Kingston. 12. Sir John Seton of Garleton, first Baronet. AT DUNS CASTLE 731 13. Hon. Elizabeth Seton, daughter of Alexander, first Viscount Kingston, wife of the Hon. William Hay of Drumelzier, by Runciman. 14. A Lady with roses, ( Y^u Isabfd7Anne' ^ fary 15. Two Ladies with dog and flowers, j dauShters °ff George, third Earl 16. A Lady unknown, aet. 19, 1625. (Lady Jean Drummond, daughter of James, first Earl of Perth, and wife of John, seventeenth Earl of Sutherland ?) In a series of interesting notes on the Duns Castle pictures, by the late Mr. George Home-Drummond of Blair- Drummond, he attributes the original of the portraits of George, seventh Lord Seton, and his family (No. 1) to Cornelius Jansen, whereas it has always been regarded as from the brush of Sir Antonio More. Mr. Home-Drummond calls attention to the necklace worn by Lady Semple (No. 5) as being similar to the Mary Seton jewel at Duns Castle, figured at page 1 34, supra. Among the many other family portraits are those of Lady Isabel Douglas, successively Countess of Roxburgh and Marchioness of Montrose; John, first Duke of Roxburgh ; Alexander, fifth Lord Blantyre, and Anne Hamilton, his second wife ; James, seventh Lord Yester ; James, fifth Earl of Linlithgow, and Lady Margaret Hay (Errol), his Countess; John, first Earl of Tweeddale ; the Hon. William Hay of Drumelzier, his second son ; Margaret Hay, second wife of the seventh Lord Blantyre ; William Hay of Edington; Robert Hay of Drumelzier; James Erskine of Cardross; Lady Christian Bruce, his wife ; and Charles Erskine, younger of Cardross, his son, of which the five last are by Raeburn. There is also a very good quarter-length of King James vi., by Cornelius Jansen, and four very interesting later Stuart portraits, presented by the exiled Royal family to Alexander Hay of Drumelzier, an ardent Jacobite, in recognition of the important services rendered by his family, viz. : — 1. The Chevalier St. George (James vin.). 2. Clementina Sobieski of Poland. 3. Prince Charles-Edward. 4. Prince Henry (Cardinal of York). Among the miscellaneous pictures are two landscapes, by the Rev. J. Thomson of Duddingston ; the Woman taken in Adultery, by Annibal Carracci ; Vestal Virgin, by Paul Veronese ; two Male Heads, by Titian and Rembrandt ; Fox in a Poultry-yard, by Hondekoeter ; March of Troops, by Bloemart ; Banditti, from the collection of Louis xvin. (pre sented by the Marquis of Queensberry) ; and Old Henwife at Whitting hame, by Sir George Chalmers. In the dining-room is a colossal modern oak mantelpiece, erected by Mr. Adams of Queensferry Street, Edinburgh, representing Niddry Castle and two incidents in the career of George, seventh Lord Seton, viz. : — Queen Mary's escape from Lochleven, and the battle of Langside. 732 ARMORIAL BEARINGS Armorial Bearings. Quarterly: ist, azure, three cinquefoils argent, for Fraser; 2nd, quarterly, ist and 4th, or, three crescents within a royal tressure gules, for Seton; 2nd and 3rd, argent, a dragon with wings expanded, tail nowed vert, for Kingston ; 3rd, ermine, on a chief gules two mullets argent, in base a cinquefoil sable, for Douglas of Whittinghame ; 4th, gules, three bars ermine, for Giffbrd of Yester. Over all, on an escutcheon, argent, three escutcheons gules, for Hay. Crest — a goat's head erased argent, armed or. Motto—' Spare Nought' ^m^^mmm WHITTINGHAME TOWER. GARLETON LINE 733 XXIII. Garleton and Windygoul (i) Garleton. i. The Honourable Sir John Seton, first Baronet. HE fifth son of George, third Earl of Winton, by his second wife, the Hon. Elizabeth Maxwell, daughter of John, seventh Lord Herries, was Sir John Seton, born 29th September 1639, 'who got the lands of Garletoun and Ethanstanfoord,1 which his father did acquire. This Ethanstanfoord, so called from the English and Saxon king Ethan- stanus, at which the king of Scotland did overcome in battle the said Ethanstanus. Near to which place, as our Scots story relaits, the S* Andrew's Cross did appear to the Scots king and his army, which was then called the place of Miracle, now, vulgo and corrupt, Marklc' 2 ' Garleton Castle is overlooked by a series of picturesque crags which extend along the northern slope of the Garleton Hills, about two miles 1 The lands of Athelstaneford appear to have belonged to Sir Adam Hepburn of Humbie about the middle of the seventeenth century. Sir John Hepburn, who was born in the village of Athelstaneford, was slain in 1637, fighting for King Louis in Lorraine. 2 Lord Kingston's Continuation of the History of the House of Seytoun, p. 86. 734 SIR JOHN, FIRST BARONET distant from the town of Haddington. The building has consisted of an extensive courtyard, enclosed with a strong wall. The main portion of the structure is in a state of complete ruin. It occupies the north-east corner of the courtyard, and contains the remains of three arched cellars. . . . 1 he round tower projecting outside the east wall, which is furnished with various shot-holes, is tolerably entire. . . . There is an extensive old garden round the south, north, and east sides, while the courtyard and the site of the Castle are occupied by kitchen-gardens. In the centre of the west side of the courtyard is situated the well. ' Garmylton (as the name was formerly spelt) formed part of the ad joining barony of Byres, and in 1478 David Lindsay of the Mount, grandfather of the poet, had sasine of the lands. . . . The poet died about 1555, and the probability, judging from the style, is much greater that he built the Castle than that he was born in it. 'Garleton passed into the possession of the Earl of Haddington in 1637, and in 1686 it was in the hands df the Seton family, from whom it was purchased by the Earl of Wemyss in 1 724.' 1 Sir John Seton, who was created a Knight-Baronet, 9th December 1664,2 married Christian (Isabel ?), daughter of Sir John Home of Renton, by his wife, Margaret, daughter of Sir John Stewart, Prior of Coldingham, second son of Francis Stewart, last Earl of Bothwell, whose father, the Lord Prior of Coldingham, was the illegitimate son of King James v. The issue of the mar riage was six sons and four daughters : — 1. George, his father's successor. 2. John, who died in Germany in 1715, having married, nth July 1695, Frances, daughter of Sir Richard Neale of Plassy, Baronet, by whom he had two sons : — (1) Ralph, born 27th June 1702, and died without issue at Newcastle- on-Tyne in December 1782, being described in the register of his burial as ' Lord Seton,' and * representative of George Seton, Earl of Winton, attainted in 1715,' who, on the death without issue of Sir George Seton, third Baronet of Garleton, in 1769, became heir to the Winton honours. In the charter-chest at Duns Castle there is an interesting joint family bond and engagement relative to Ralph Seton, to the following effect : — 'We, whose subscriptions are hereto annexed, considering the indigent 1 The Castellated and Domestic Architecture of Scotland, iv. 189-91, where a ground-plan and also a view from the south-west are given. See also Chalmers's Caledonia, ii. 407 and 434. 2 Great Seal Register, Lib. lxiii. No. 13. RALPH SETON 735 circumstances of Ralph Seton, the representative of the family of Winton, and, from our connection with that family, resolving to contribute something for his support, do hereby bind and oblige ourselves, and our heirs and repre sentatives, to pay to James Keay, writer in Edinburgh, the sums annexed to our respective subscriptions, yearly, at the term. of Martinmas, beginning the first year's payment at the term of Martinmas 1771, and so to continue yearly during the life of the said Ralph Seton, etc. In witness whereof, these presents, being written by Alexander Keay, writer in Edinburgh, on stamped paper, are subscribed (at different dates between October 1771 and January 1772) by Alexander, Duke of Gordon, at Gordon Castle ; by Lord Adam Gordon, at' Prestonhall ; by Margaret, Lady Blantyre, at Lennox- love ; by Alexander Hay of Drummelzier, at Whittingham ; by Archibald, Earl of Eglinton, at Eglinton ; by Hugh Seton of Touch, Esquire, at Touch ; and by William, Lord Blantyre, at Lennox-love,' — all in presence of witnesses, whose names are duly inserted, followed by the amount of the respective subscriptions. (2) John,1 of St. George the Martyr, county of Middlesex, born 22nd 1 See Riddell's Keir Performance, p. 252, where he is described as an upholsterer, and where the author adduces other examples of family decadence. Little more than twenty years ago, a male representative of Simon de Montford, the first English baron, was a saddler in Tooley Street, London Bridge ; a great-grandson of Oliver Cromwell — 'the patron saint of the middle classes' — a porter in Cork market ; and a Planta- genet, descendant of the fifth son of Edward III., a verger in St. George's, Hanover Square. 736 MRS. BROADBENT, N&E SETON June 1707, in Crossgate parish, Durham, and died in January 1775, having married Mary, daughter of Francis Newton of Irnham, co. Lincoln, by whom he had two sons and one daughter : — (a) John, also of the parish of St. George the Martyr, who, on the death of his uncle Ralph, in 1782, became representative of the Winton family. He was born in December 1755, and died 3rd August 1796, when the succession to the Winton honours is believed to have opened to Hugh, twelfth Earl of Eglinton. By his wife, Mary, daughter of John Hughes of Berryhall, Warwickshire, whom he married, 16th February 1786, John Seton had (besides two sons, John and John- Joseph, and a daughter Mary, who all predeceased their father in infancy) a surviving daughter, Mary- Catherine, born 2nd June 1796, and married to Mr. John Broadbent, by whom she had several sons and daughters, who assumed the surname of Seton. Either in 1840 or 1841, along with my kinsman, the late Miles- Charles Seton, I had an interview with Mrs. Broadbent, at her house in Cheapside, London, where she followed the vocation of milliner. I was SIR GEORGE, SECOND BARONET 737 greatly struck by Mrs. Broadbent's intelligence and dignified appearance, and felt no little interest in conversing with the undoubted heir of line of the House of Seton. (b) Robert, died a minor, unmarried, in April 1778. (c) Barbara, married to Thomas Douglas, Esquire, and died without issue in 1784. The third son of Sir John Seton, first of Garleton, was 3. Robert, styled 'Father Robert Seton,' a Roman Catholic priest, born in 1667, entered the Society of Jesuits at Toulouse, 7th September 1688, and died at Deeside in 1732, celebrated for his 'indefatigable labour and great charity.' From a manuscript formerly in the possession of the Rev. Dr. Lee, Principal of the University of Edinburgh, entitled ' Information anent Papists in Mar, April 1703,' we obtain some particulars relative to ' Father Robert Seton ' : — ' Lews Farquharson of Auchindrein not only keeps a priest, but has also frequent conventions and masses at his house, whereof many instances and pregnant probation might be given ; but we judge a few may serve. First, Mr. Robert Seton stayed at his house throughout the whole month of December last, going about all the ridiculous and superstitious rites usual in the Romish Church in time of Yule, etc. . . . Thirdly, Mr. Seton did, at Auchindrein, solemnise the marriage of John Forbes in Ennerchanlig, Protestant, with a Popish woman. . . . Mr. Seton did also baptize a child.' In another ms. List of Papists, etc., in Glenmuick, in the Presbytery of Kincardine-o'-Neil, and sheriffdom of Aberdeen, in May 1 704, Mr. Robert Seton, brother to Seton of Garleton, is mentioned as having been for seven years a priest in that locality.1 4. Alexander, apprenticed to John Hay, merchant, in April 1688, and died unmarried about 1705. 5, 6. Christopher and Charles, who both died young before 1694. Sir John Seton's four daughters were : — 1. Margaret, who, after four years' residence in a nunnery in Paris, ' dyed in France a young woman.' 2. Christian. 3, 4. Elizabeth and Isobel, who both died young. Sir John Seton 'was a vertuous man; much given to policie ; ane improver of his fortune.' 2 He died in the year 1686, at the comparatively early age of forty-seven, and was buried at the Church of Athelstaneford. His eldest son and successor was, 2. Sir George Seton, second Baronet, who the same year (1686) was retoured in the lands and town (villa et terris) of Athelstaneford. Sir George Seton went abroad when very 1 Service of the Thirteenth Earl of Eglinton to also Rae's History of the Rebellion in 1715. the Earldom of Winton, in 1840, p. 38. See a Lord Kingston's Continuation, p. 87. 5 A 738 SIR GEORGE, THIRD BARONET young, travelling in England, Flanders, France, Italy, Germany, and Bohemia. He married Barbara, daughter of Andrew Wauchope of Niddry, by whom he had four sons and three daughters : — i . George, of whom afterwards. 2. James, Captain in Colonel Keith's regiment, and resident in France, died without issue before 1769. 3. John, a Roman Catholic priest, born 9th November 1695, and died in Edinburgh, 16th July 1757. At one period he appears to have resided with the Traquair family. On the 20th of Septem ber 1 716 he entered the Society of Jesus at Madrid, joined the Scottish Mission in 1725, and ten years later made his solemn vows at Aberdeen. 4. Andrew, an officer in Irelande's (formerly Wauchope's) regiment, died without issue, at the Camp of Randasso, in Sicily, 10th October 1719. These four sons are all distinctly specified in a deed of division dated 1 2th September 17 16, and recorded in the Books of Council and Session 1 8th August 1 72 1. Sir George Seton's three daughters were : — 1. Margaret, described in her testament-dative— which was given up by her sisters Barbara and Mary — as ' eldest lawful daughter to the late Sir George Seton of Garleton,' and her death took place in June 1730. The debt owing to the deceased amounted to ,£5015, 13s., which sum was due to her by Sir George Seton of Garleton, third Baronet, by bond dated ist December 1720, in which she is designed ' Mistress Margaret Seton, his sister-german/ 1 2. Barbara. 3. Mary, who married John Arrat of Fofarty, and on the 16th of November 1724 granted an assignation in favour of Colonel Francis Charteris, with consent of her curator, Mr. James Don, Advocate. On the ist of December 1769 Mrs. Arrat was served as ' legitima et propin- quior hasres lineae, cum beneficio inventarii,' to Sir George, 'sui fratris germani,' which establishes the fact that before that date her three brothers, James, John, and Andrew, must have died without issue. Sir George Seton was succeeded, between 20th June 17 18 and 2nd May 1720, by his eldest son, 1 Commissariot of Edinburgh Testaments, vol. xcv., 25th April 1733. WINTON REPRESENTATION 739 3. Sir George Seton, third Baronet, born in 1685, who, but for the attainder of George, fifth Earl of Winton (who died in 1749), would have been sixth Earl, the Kingston branch having previously failed. He was commonly styled ' Earl of Winton ' ; was living at Paris in December 1750; and, about two years afterwards, at Versailles.1 He died without issue 9th March 1769, when Ralph Seton, already referred to, became heir to the Winton honours. The following announcement appeared in the Scots Magazine for April 1769 : ' At Versailles, in the eighty-fourth year of his age, Sir George Seton of Garleton, representative of the Winton family.' In the notice of his death in the Annual Register for 1769 he is described as ' Lord George Seton, a Scottish Peer, and a Baronet of Great Britain.' In point of fact he was a Baronet of Nova Scotia. The descendants of Sir John Seton, first Baronet of Garleton, will be more clearly traced in the following tabular pedigree : — Sir John Seton, first Baronet of Garleton. I Sir George Seton, second Baronet. John Seton. Four other sons, all d. s.p. Four daughters. *Sir George Seton, third Baronet (succeeded to the representation of the Winton family on the death of the fifth Earl in 1749, and d. s.p. 1769). Ill Three other sons, all d. s.p. Ill Three daughters. *John Seton (succeeded his uncle Ralph in the representation of the Winton family in 1782, and died 1796, when the male representation is believed to have opened to *Hugh, twelfth Earl of Eglinton). Two sons and one daughter, who all predeceased their father in infancy. *Ralph Seton, (succeeded his cousin, Sir George Seton, in the representation of the Winton family in 1769, and A. s.p. 1782). John Seton. t Robert Seton, died unmarried, 1778. Barbara Seton, (Mrs. Douglas), d.s.p. 1784. Mary-Catherine Seton=John Broadbent. heir of line of the Winton family. Born 1796. Died 18—. Several sons and daughters, who assumed the surname of Seton. 1 See a curious letter from this Baronet, dated 27th February 1757, in the Appendix. 740 ARMORIAL BEARINGS Armorial Bearings. The following blazon occurs in a folio ms. in the British Museum (20,701), entitled 'Arms of the Nobility and Gentry of Scotland regis tered in the Lyon Office,' and bearing the book-stamp of Alexander Deuchar, seal engraver, Edinburgh : — ' Sir John Seton of Garleton, Bart., 3d (sic) lawfull son of ye E. of Winton, carrys two coats quarterly, 1 and 4 or three crescents w'in a doub. tress., counterflowered w* flouer de lisses gules for Seton; 2 and 3 azure three garbs or for Cumming, all w*in a bordure quartered azure and or, w* the badge of Nova Scotia, as Baronet. ' Crest — a star of six points in its splendor. ' Motto — Habet et suam.' WILLIAM, FIRST LORD SETON. GEORGE, THIRD LORD SETON. GEORGE, (?) LORD SETON. SIR ROBERT SETON OF WINDYGOUL 741 (2) WlNDYGOUL. The sixth and youngest son of George, third Earl of Winton, by his second wife, the Hon. Elizabeth Maxwell, daughter of John, seventh Lord Herries, was the Hon. Sir Robert Seton of Windygoul,1 born 10th November 1 641, created a Knight- Baronet of Nova Scotia, 24th January 167 1,2 and who died without issue in November 1671. His elder brother, Sir John Seton of Garleton, was served heir to him on the 20th of February 1672.* Lord Kingston describes him as ' ane hopefull young gentleman and a good schollar ' ; and mentions that he was buried in the ' Colledge Kirk of Seton.'4 The date of his death appears in the entry in the record relative to his testament-dative and inventory of goods, etc., given up by Anna, Countess of Traquair, Isobel, Lady Semple, and Lady Mary Seton, his sisters-german and only executors. Amount of debts owing to the deceased . . .£62,800, 10s. ' Intromitted with by Sir John Seton of Garleton presently of ready money, gold, etc., lying beside the deceased, his abulziements, furniture of his lodging, certain horses, etc., value 5000 merks.' 1 In the parish of Tranent, and so called from 2 Great Seal Register, Lib. lxii. No. 286. its being situated on a spot much exposed to 3 Douglas's Peerage of Scotland, ii. 647. the wind. The name is also applied to a portion 4 Continuation of the History of the House of Arthur's Seat, near Edinburgh. of Seytoun, p. 78. 742 ARMORIAL BEARINGS Confirmed 7th April 1673, Captain Francis Wauchope, brother to the Laird of Niddrie, being cautioner.1 Armorial Bearings. The Winton coat with a fleur-de-lis as the mark of difference of the sixth son. 1 Edinburgh Testaments, lxxiv. UNASSIGNED SCOTTISH SETONS 743 XXIV. Unassigned Scottish Setons UME ROUS Setons turn up in the public records, whom I have hitherto been unable to connect with any of the preceding branches of the family. A few of these are here given. I. Great Seal Register. 15th March 1425-6. Gilbert of Setoun, Esquire, Lord of Haystoun, witness to a charter by Archibald, Earl of Douglas and of Longueville, to Adam Forman, his esquire, of the lands of Hutoun in Berwickshire. — ii. 70. 3rd April 1467. Margaret Seton, wife of James Balfoure, son of George Balfoure of Munquhanny, mentioned in a charter of confirmation by James hi. Among the witnesses are William Setoun, John Setoun, Gilbert Setoun, and David Setoun. — vii. 113. 28th July 1534. Confirmation of charter by Cristofer Seytoun of the lands of Myretoun in the county of Forfar. Among the witnesses are Mr. David Seytoun, Vicar of Strathmiglo, and Robert Seytoun. — xxvi. 139. 24th December 1538. Mr. David Seitoun, Canon of Aberdeen, and his grandson, John Seitoun of Balbirny, mentioned in a charter of con firmation of certain annualrents. — xxvii. 68. 1 6th May 1555. Confirmation of charter of the lands of Tor soppy and fishing on the Tay in favour of Cristofer (or Christall) Seytoun and Alexander, his son — David and James Seytoun being bailies appointed to give sasine. — xxxii. 294. 30th April 1556. Confirmation of the lands of Forgandenny, Perth shire, in favour of the said Cristofer Seytoun. — Ibid. 296. 20th September 1 566. William Seton of Easter Disblair, and Marjory Tulydaff his spouse, mentioned in two charters. — xxxi. 529. 2nd May 1573. Confirmation of charter to John Ogilvy of Froscan, and Janet Seytoun his spouse, of the lands of Glassauch, Banffshire — one of the witnesses being William Seton of Meldrum. — xxxv. 551. 7th May 1589. Confirmation of charter of certain lands in Tranent by Robert, Lord Seytoun, in favour oi John Seytoun, dyer, burgess of Edinburgh, and Margaret Nesbit his spouse. — xxxvii. 344. 28th May 1594. Confirmation of charter by Mr. Alexander Seytoun of Oycorne to his brother-german, George Seytoun of Auchinhuif, of the lands of Kirkton of Daviot, co. Aberdeen. — xl. 2. 744 GREAT SEAL REGISTER 19th July 1600. Confirmation of charter by George Auchinleck of Balmanno to George Seyton of Auchinhuif and Janet Cheyne his spouse, of the lands of Schettin and Little Meldrum. — xlii. 170. 1 6th November 1620. Confirmation of two charters by Mr. George Seytoun of Barra, Chancellor of Aberdeen. — xlix. 220. 26th June 1 62 1. Charter to John Seytoun, eldest son and apparent heir of William Seytoun of Easter Disblair, and Margaret Irving his spouse. — Ibid. 340. 27th June 1635. Charter by Charles 1. to John Seatoun of Au- quhorties, and Alexander his son, spouse of Anna Gordon, of certain lands in the barony of Udnie, Aberdeenshire. — Ivi. 57. 31st July 1637. Charter by Charles 1. to Sir William Seatoun of Thornetoun, Mr. William Seton his eldest son, and Jean Leythe his spouse, of the lands of Raniestoun. — Ivi. 14. 29th November 1638. Confirmation of charter by the late John Seattoune of Auquhorties to James Seattoune, his son, of certain lands in Aberdeenshire. — lix. 116. 7th March 1653. Charter to Mr. John Seatoune, now of Shethune, brother and heir of late William Seatoune of Shethune, of the lands of Reschivit, co. Aberdeen. — Ibid. 34. 15th February 1655. Confirmation of charter by Mr. George Seatoune of Shethin to Mr. John Seatoune, minister at the kirk of Foverane, of the mains of Shethin, in the parish of Tarves and county of Aberdeen. — Ibid. 188. 30th August 1662. Charter to John Seaton, younger of Thorntoun, of the lands of Thorntoun, in the parish of Glamis and shire of Forfar, in which mention is made of Mr. Alexander Seaton of Tillirie and Margaret Bannerman his spouse, and of George Seaton of Woodhill, now of Thorn toun, father of the aforesaid John. — lx. 156. 26th January 1665. Charter to Mr. Alexander Seaton, Advocate, in the burgh of Edinburgh, of the lands of Allathine. — Ixi. 34. II. Privy Seal Register. 15th June 1 5 15. Presentation of Mr. Christopher Seton to the Vicarage of Logydurno (Aberdeenshire?). — v. 1. 26th November 15 16. Letter made with the consent of Mr. David Seyton, Canon of Aberdeen. — Ibid. 102. 27th July 1 541. Precept of Legitimation to Alexander Seytoun, 'bastard son natural' of Robert Seytoun — 'at Temptallon.' — xv. 9. 25th January 1542-3. Precept for charter of feu to Mr. George Seytoun over a small portion of the town of Auchtermuchty. — xvii. 10. 13th February 1548. Letter of Gift to Mr. Alexander Seytoun of certain escheated goods. — xxii. 80. 24th March 1546. Precept for confirmation of a charter of alienation PRIVY SEAL REGISTER 745 made by Alexander Myretoun of Randelstoun, co. Fife, and Christiane Seytoune his spouse, to Christopher Seytoun, his heirs and assignees. — xxiv. 63. 24th March 1550. Respite to George Seytoun for treasonable assist ance to Englishmen ' in time of war, coming with them to the burning of Dalkeith.'— Ibid. 58. 6th July 1565. Precept for confirmation of a charter on infeftment made to Christopher Seytoun of Kirkland of Strathmiglo, and Alex ander Seytoun, his natural son, of the lands of Wester Pitlowre. — xxxiii. 126. 20th July 1566. Licence to John Seytoun of Auchinhuif to remain at home from ' oistis raidis,' etc., for all the days of his life, on condition of his sending ' an able man in his stead.' — xxxv. 59. 2 1 st April 1567. Precept of Remission to William Seytoun, in Caltoun, at Aberdeen, for the slaughter of William Gordon. — xxxvi. 75. 7th March 1570. Letter of Gift to John Seytoun, 'indweller in the Canongate,' of the escheat of certain goods, etc., in which mention is made of Archibald, Alexander, and Margaret Seytoun, children of the deceased John Seytoun in Tranent.— xlvii. 43. 20th February 1576. Precept of Legitimation to William Seytoun, 'son bastard' to the late John Seytoun of Disblair. — xliv. 45. 16th October 1577. Precept of Legitimation to John Seytoun, natural son of the late Mr. George Seytoun. — Ibid. 113. 20th November 1581. Letter to John Seytoun, 'indweller in the Canongate,' constituting him 'one of the ordinary gunners within the Castle of Edinburgh.' — xlviii. 54. 10th January 1583. Letter of Gift to the same of the escheat of certain goods, etc. — 1. 39. 15th April 1587. Letter to John Seytoun, younger, burgess of the Canongate, constituting him ' coilfurnesar ' to the King's household. — lv. 48. 2 ist August 1587. Letter of Gift to John Seytoun of Pettodie of the escheat of certain goods, etc. — Ivi. 23. 17th October 1587. Letter of Gift to Andro Seytoun, cook, of the escheat of certain goods, etc. — Ibid. 6 1 . 28th October 1587. Letter of Gift to Thomas Ogilvie of Inverrichaul of the escheat of the goods, etc., pertaining to Mr. James Seytoun, ' person of Quhytsonc' — Ibid. 75. 30th March 1588. Letter of Gift to David Seytoun of the escheat of certain goods, etc., which pertained to umquhile Elizabeth Baxter, spouse of Alexander Auchmowtie, burgess of Kirkcaldy, and now in the King's hands through the said Elizabeth ' devoring and drowning of herself to the dead in ane sink hoill within the burgh and territorie of Kirkcaldie, com mitted be hir upoun the nynetene day of March instant.' — lvii. 77. 5th April 1588. Letter of Gift to John Seytoun, younger, 'in the Cannongait,' of the escheat of certain goods, etc. — Ibid. 86. 5B 746 PRIVY SEAL REGISTER 24th July 1589. Precept of Remission to George Seytoun of Auchin huif for assisting George, Earl of Huntly, and others, in the burgh of Aberdeen against the King. — lx. 2>7- 25th September 1589. Letter of Gift to George Seytoun, 'our soverane lordis coilman,' of the escheat of certain goods, etc.— Ibid. 63. 1 2th February 1590. Letter of Gift to David Seytoun, bailie in Tranent, of the escheat of the goods, etc., which pertained to Meg. Begloun, spouse to Andro Cowie, now in the King's hands, 'throw hir puting of violent handis on hir awin persoun and cruellie and unnaturallie hanging of herself to the deid.' — Ibid. 143. 1 8th February 1590. Letter of Gift to William Seytoun, son to William Seytoun ' in Kingis Sait,' of the escheat of William Seytoun ' in Kingis Sait' — Ibid. 147. 1 5th March 1 590. Letter of Gift to John Seytoun of the escheat of John Burn and others. — Ibid. lxii. 13. 27th July 1590. Letter of Gift to Mr. Alexander Seytoun of the escheat of certain goods, etc. — lxi. 14. 8th August 1 59 1. Letter of Gift to James Gray, Gentleman of the King's Bedchamber, of the escheat of Alexander Seytoun in Strathmiglo. — Ibid. 154. ist October 1591. Letter of Gift to Thomas Stevin, servitor to Sir Robert Melville of Murdocairny, Knight, of the escheat of David Seytoun in Tranent. — Ibid. 186. 14th October 1591. Letter of Gift to John Seytoun, Servitor to the King, of the escheat of Alexander Cubic — Ibid. 223. 13th January 1591. Precept for confirmation of a charter of sale granted by George Seytoun, feuar of the Kirklands oi Strathmiglo, to Captain Patrick Seytoun. — lxiii. 122. 8th February 1591. Letter of Gift to David Seytoun of the escheat of William Leirmont of the Hill and Robert Leirmont in Moram, and now in the King's hands throw their being ' convict be ane assyse fugitive fra the lawis and at the horn or becum in will for airt and pairt of the treassonabill cuming upone the xxvij day of Deer, last by past, under silence and elude of nicht, to his hienes palice of Haliruidhouse, brekking up of his zettis and durris, and assailzeing of his hienes maist nobill persoun for his slauchter, accumpanied with Francis, sumtyme Earl Both well.' — Ibid. 170. 14th March 1592. Letter of Gift to Robert Auchinleck, servitor to Sir Robert Melville of Murdocairny, Knight, of the escheat of William Seytoun of Easter Disblair and others for failure to remove from certain lands in the sheriffdom of Aberdeen. — lxv. 45. 15th May 1592. Letter of Gift to James Seytoun, burgess of Aber deen, of the escheat of Thomas Fermour. — lxiii. 263. 1 6th June 1592. Letter of Gift to David Seytoun of the escheat of William Leirmont of the Hill for non-compearance before his Majesty and the Privy Council. — lxiv. 29. PRIVY SEAL REGISTER 747 19th June 1592. Letter of Gift to Andro Seytoun, foreman of the King's Court Kitchen, of the escheat of William Adison. — lxiv. 36. 17th September 1592. Letter of Gift to the same of the escheat of Walter Strathauchin for his ' treasonable abiding at home from the army appointed to convene at Perth.' — Ibid. 131. 30th November 1592. Letter of Gift to Alexander Aittoun of the escheat oi John Seytoun, portioner of Auchtermuchtie. — Ibid. 180. 23rd February 1593. Letter of Gift to George Seytoun, second lawful son to John Seytoun of Pittedie of the escheat of the said John. — lxvi. 70. 29th June 1593. Letter of Gift to Ludovick, Duke of Lennox, of the escheat of David Seytoun, elder in Tranent, now in the King's hands through the said David being fugitive from the law and at the horn for the slaughter af umquhile John Cokburn in Wodheid. — lxv. 171. 14th July 1593. Letter of Gift to Robert Bog, burgess of Edinburgh, of the escheat oi David Seytoun, elder, in Tranent. — lxv. 197. 9th August 1 593. Letter of Gift to David Seytoun, ' servitor to Sir Robert Melvill of Bruntyland, Knight,' of the escheat of John Grant and William Anderson. — lxvi. 16. 7th December 1593. Letter of Gift to the same of the escheat of John Dobie in Cramond. — Ibid. 14th May 1594. Letter of gift to John Robertson, maltman in Burntisland, servitor to Sir Robert Melvill of Murdocairny, Knight, of the escheat of John Seytoun in Auchtermuchty and Alexander, his son. — Ibid. 127. 17th January 1596-7. Letter of Gift to Andro Seytoun, ' foirman in his Majesty's Court- kitchen,' of the escheat of William Seytoun 'in Strameglo.' — lxix. 28. 2nd July 1598. Letter of Gift to John Clapen (Clephane ?), portioner of Kilcairny, of the escheat oi John Seytoun of Pittedie. — lxx. 119. 26th June 1599. — Letter of Gift to Andro Seytoun aforesaid of the escheat of John Wallace ' in the Elay.' — lxxi. 5. 26th November 1599. — Letter of Gift to John Cleghorne, servitor to David Moysie, of the escheat of Alexander Seytoun 'in Stramiglo.' — Ibid. 82. 15th February 1600. Precept for confirmation of a charter granted by John Chalmer of Balbethane to his eldest son George, and Margaret Seytoun, his spouse of certain lands in Aberdeenshire. — Ibid. 177. 6th March 1600. Precept for confirmation of a charter by William Seytoun of Easter Disblair to William Seytoun, his eldest lawful son, of the lands of Easter Disblair. — Ibid. 160. 10th March 1600. Letter constituting James Seytoun, only ' Coal- furnisher' to thair Majestie's houses, which office pertained to John Seytoun his father, and was demitted by him. — Ibid. 166. 19th June 1600. ' Precept for confirmation of a charter of sale by George Auchinleck of Balmanno to George Seytoun of Auchinhuif and 748 COMMISSARIOT REGISTER Janet Cheyne his spouse, of certain parts of Schethin and Little Meldrum, in the shire of Aberdeen. — lxxi. 239. 25th June 1600. Letter of Gift to Thomas Elphingstoun of the escheat of David Seytoun, elder, in Tranent. — Ibid. 237. 17th November 1600. Letter of Gift to John Seytoun, 'Coalman to the King,' of the escheat of David and John Horn, for the slaughter of John Drew. — Ibid. 310. 24th November 1600. Letter of Gift to James Ker, merchant, burgess of Edinburgh, of the escheat oi Janet Seton, Lady Berfut.—Ibid. 313. 14th January 1601. Letter of Gift to John Seytoun, Chamberlain of Fyvie, of the escheat of the late David Gordon of Knaven. — Ibid. 342. 4th April 1 60 1. Precept for charter of apprising to Gilbert Seytoun, helper in the royal kitchen, of certain lands pertaining to Alexander Seytoun in Stramiglo, and of certain other lands pertaining to John Seytoun of Pittedie, as cautioner, all in the shire of Fife. — lxii. 40. 26th June 1601. Letter of Gift to George Achesoun, son of Alex ander Achesoun of Gosfurd, of the escheat of David Setoun of Wedderlie. — Ibid. 102. 28th July 1602. Letter of Gift to Walter Seytoun, servitor to Maister George Seytoun of Barroch, of the escheat of Thomas Fraser. — lxiii. 56. 30th July 1603. Letter of Gift to Andro Seytoun, sometime in Fet- hill, now in Gynthoune, of the escheat of Patrick Cheyne of Esselmonth. — lxiv. 60. 24th January 1604. Letter of Gift to John Seytoun, son to umquhile John Seytoun, elder of Pittadie, of the escheat of John Seytoun, younger. — Ibid. 116. 10th July 1604. Letter of Gift to Robert Pitcairn, brother to Patrick Pitcairn of Pitloure, of the escheat of Alexander Seytoun in Stramiglo.— Ibid. 212. 3rd June 1605. Letter of Gift to Mr. Alexander Seaton, burgess of Edinburgh, of the ward, etc., of the lands of Panmure, in the shire of Forfar, which formerly pertained to umquhile Patrick Maull of Panmure. — Ibid. 322. III. Commissariot Register of Edinburgh. 13th November 1569. Testament-testamentar of Elizabeth Seitoun, relict of William Spittell of Luichquhat, given up by Cristell (Christopher) Seitoun, her brother-german. — Vol. ii. 20th May 1574. Testament-dative of Margaret Seytoun, given up by Katharine Wemis. — Vol. iii. 29th January 1574-5. Testament-testamentar of William Setoun, 'dwelling in the toun of Setoun,' the executors being Helen Ballenden, his spouse, George Setoun, his son, and his ' superior and oversman,' his cousin, David Seytoun, in Tranent. — Vol. iii. 27th October 1574. Testament-dative of David Seytoun in Burnt- OF EDINBURGH 749 island, given up by c Master James Seytoun,' his brother and executor. — Vol. iii. 22nd May 1576. Testament-dative of Janet Seytoun, spouse of Walter AUardyce, portioner of Kincragy, in which mention is made of Alexander Seytoun, her brother. — Vol. iv. 4th January 1 580-1. Testament-testamentar of Isobell Seytoun, relict of Walter Peirson, ' in Quhitfeild, beside Dundee' — Vol. viii. 6th May 1585. Testament-testamentar of Johne Seytoune, sometime bailie of Tranent, spouse of Elizabeth Achesoune, in which mention is made of his children, John, David, James, Thomas, Marion, Agnes, Helen, Janet, and Katharine. — Vol. xiv. 26th September 1589. Testament-testamentar of Margaret Scott, spouse to John Seytoun, mariner, Leith, in which mention is made of her son John Seytoun, and John Seytoun, 'litster, burgess of the Cannongatc' — Vol. xx. 8th December 1589. Testament-testamentar of George Seytoun 'in Ramelrie, in Fife,' in which mention is made of his children Andrew (eldest son), John, and Margaret. — Vol. xxi. 14th December 1590. Testament-dative of Christopher Seytoun in Stramiglo, co. Fife, in which mention is made of his son Alexander and his ' oy ' (granddaughter), Janet Seytoun. — Vol. xxii. 13th June 1 60 1. Testament-testamentar of Dame Geillis Seytoun, ' Lady Inchmartyne,' spouse of Patrick Ogilvy of Inchmartyne, co. Perth ; Patrick Kynnaird of that ilk being cautioner. — Vol. xxxv. 7th December 1601. Testament-testamentar of Elspeth Seytoun, 'in the town of Seytoun and parish of Tranent,' John Ker, ' servitor to Robert, Lord Seytoun,' being her 'universal legator.' — Vol. xxxvi. ist May 1604. Testament-testamentar of Andro Seytoun, 'some time foreman in the King's Court Kitchen,' and spouse of Marion Broun, his only executrix, in which mention is made of Gilbert Seytoun, his ' kinsman,' Alexander Seytoun in Stramiglo, and George Seytoun, ' servand to the said Andro.'— rVol. xxxix. 24th May 1604. Testament-dative oi James Seytoun of Orky, parish of Lathrisk and county of Fife, given up by Janet Seytoun his daughter, jjjjc ub. Deing due to him by George, Lord Seytoun. — Ibid. 20th May 1605. Testament-testamentar of John Seytoun, elder, ' skipper indweller in Leith,' in which mention- is made of the late John Seytoun in Kirkcaldy, John Seytoun in Pittedie, and John Seytoun, younger, his son and apparent heir. — Vol. xl. 10th July 1605. Testament-dative of David Seytoun of Waiderlie, in the parish of Tranent, given up by Margaret Watt, his relict, in name of his sons George and Matthew. — Ibid. 20th February 1606. Testament-dative of Marie Maitland, spouse of John Seytoun of Aquhortie, Chamberlain to Alexander, Earl of Dunferm line, and Chancellor of Scotland, their sons Robert, John, and William being executors. — Vol. xli. 750 EDINBURGH C0MMISSARI0T REGISTER nth September 1612. Testament-dative oi Elizabeth Seytoun, spouse of Alexander Dunlop, Writer to the Signet. — Vol. xlvii. 15th December 161 2. Testament-dative oi John Seytoun, 'Master Coalman furnishour to his Majesty, and indweller in the Canongate,' given up by his lawful daughter Margaret, Mark Seytoun, ' attirer, indweller in Edinr,' being cautioner. — Ibid. 25th July 161 5. Testament-testamentar of John Seytoun, tailor, burgess of Edinburgh, spouse of Margaret Halkey, Janet Seytoun, his lawful daughter, being his executrix, in which mention is made of Seytoun of Northrig, Seytoun of Touche, John Seytoun, George Seytoun, servitor to James Maxwell, and James Seytoun of Falsyde. — Vol. xlviii. 5th October 1616. Testament-dative of Janet Seytoun, spouse of Adam Gardin, merchant, burgess of Edinburgh, in which mention is made of Henry Seytoun, burgess of Edinburgh — Vol. xlix. 4th June 1624. Testament-dative of George Seytoun, 'in Seytoun,' in the parish of Tranent, given up by his son Robert Seytoun. — Vol. Hi. 4th February 1625. Testament-testamentar oi John Seatoun, 'within the parish of Tranent,' in which mention is made of Margaret Seatoun, ' his relict spouse,' Robert Seytoun his brother-in-law, James and Robert, brothers-german to George Seytoun of Northrig, Janet Seytoun, and Robert, son of Henry Seytoun. — Vol. liii. 22nd March 1626. Testament-dative of John Seytoun, 'skipper indweller in Leith,' given up by Margaret Gourlay, his ' relict spouse,' in behalf of their children, Robert and Margaret. — Ibid. 14th July 1626. Testament-dative of Helen Achesone, spouse to Henry Seytoun, merchant, burgess of Edinburgh, in which mention is made of their children, Patrick, John, Alexander, William, George, Janet, and Isobel. — Ibid. ist January 1634. Testament-dative of David Seatoune, 'writer, burgess of Edinburgh,' who died in Wintoun in June 1632, given up by his 'relict spouse,' Helen Brand, in which mention is made of Robert Seaton in Seaton, 'callit Reid Robert,' and George Seatton of Craigfod. — Vol. Ivi. 1 8th February 1636. Testament-dative of Helen Seattoun, spouse to John Pook, merchant, burgess of Edinburgh, now indweller in Tranent, in which mention is made of Sir Thomas Seattoun, ' Quhyt Robert Seatton in Fenton,' and Robert Seaton of Monkmylnc— Vol. lvii. 24th March 1638. Testament-testamentar of David Seatoun, 'servitor to the Laird of Frendraught,' indweller in Edinburgh, in which mention is made of Marie Cousland his spouse, Margaret Seatoun his daughter, Anna Seatoun his sister, and John and James Seatoun his brothers.— Vol. lviii.3rd July 1 66 1. Testament-dative of Sir George Seattoun of Haills, 'ANTIQUITIES OF ABERDEEN,' ETC. 751 Knight, among whose debtors were the Earl of Winton, Viscount King ston, and King Charles 11.— Vol. lxx. The Register of Acts and Decreets, and the Parochial Registers of Tranent, Pencaitland, Kennoway, Kettle, and Markinch, contain numerous entries relative to Setons, many of whom cannot be identified, and which are here omitted for want of space. The following references to unassigned Scottish Setons are derived from the Antiquities of Aberdeen and Banff, printed for the Spalding Club, and various other sources : — 1226. Alexander de Seton, witness, along with Roger de Quincey, to a charter of Kinloss by King Alexander 11. — Antiquities of Aberdeen, etc., ii. 235. 1345. ' Frater Alexander de Seton dominus ejusdem miles custos elemosinarie domus Sancti Johannis Jerosolomitani de Torfechyn infra regnum Scotia^,' mentioned in a charter of William de Melgdrume. — Ibid. i. 318. 1 47 1. An 'actioune and caus of summondis' by Alexander Setoune against Alexander Forbes of Petslego 'for the wrangwiss vptakin and withhaldin of a yeiris male of the landis of Kilmondess.' — Ibid. i. 471, note. 1509. Alexander Setoune, Vicar of Bothelmy. — Ibid. iii. 224. 1528. David Seton, Vicar of Creich. — Ibid. iii. 333. 1548-9, 10th February. John Seytoun, Vicar of Creich, a witness to a charter. — Register of St. Andrews Kirk-Session (Scottish History Society), p. 172. 1 549. Alexander Setone, Chancellor of Aberdeen, witness to an asse- datio. — Antiquities of Aberdeen, i. 351. c. 1560. When the Knight-Templars were deprived of their patri monial interest through the instrumentality of their Grand- Master, Sir James Sandilands, they drew off in a body, with David Seton, Grand Prior of Scotland (nephew of Lord Seton ?), at their head. This transaction is alluded to in a curious satirical poem of that period, entitled Haly Kirk and her Theeves, which is evidently the production of a staunch Catholic, who does not spare Sandilands for his breach of trust : — ' Fye upon the traitor then, Quhas has brocht us to sic pass, Greedie als the knave Judas ! Fye upon the churle quhat solde Haly erthe for heavie golde ; Bot the tempel felt na loss, Quhan David Setoune bare the crosse.' David Seton died abroad in 1581, and is said to have been buried in the church of the Scotch Convent at Ratisbon. — Historical Notice of the Order of the Temple, 1843. 752 FORFARSHIRE SASINES, ETC. 1562, 23rd September. Mr. Jhone Setoun, reader in Creych, and Eteyn Nycholl, delated to the Superintendent for misconduct. — Register of St. Andrews Kirk-Session (Scottish History Society), p. 172. 1585, 7th June. John Lesly to Lord Edward Stewart, announcing his arrival in Ghent with Captain Seton. — Calendar of the MSS. at Hatfield (part iii., 1889), p. 99. 1585-6. The Prior of Seton referred to in two letters to the Queen of Scots. — Ibid. pp. 119, 135. 1 6 14. Letter to the King anent a pardon for forgery committed by George Seton. — MSS. in Adv. Lib., ' State,' 94,644 — 33. 1. 1. 1623. Menie bought from Gordon of Gight by William Seton of Udny, of whom Seton of Scotsmill, in Longley (?) parish, pretends to be the representative. — Antiquities of Aberdeen, etc., i. 285 (under Belhelvie). Tillery, a court, now the seat of Forbes of Foveran, begun by the Setons of Minnis, 'who possessed it about the middle of the last age' — Ibid. i. 366. 1634. Alexander Seton, minister of Banff. — Ibid. ii. no. 1647, 24th May. The Commission of the General Assembly refers to the Presbytery of Ellon Robert Seatoun, ordaining them to deduce probation, and so to proceed against him with the highest censures of the Kirk in case he appear not and give satisfaction. — Records of the Commis sions of the General Assemblies of the Church of Scotland, 1646-7 (Scottish History Society, 1892), vol. i. p. 271. 1647, 25th November. Letter from the Commission to the same Presbytery concerning Schethin's sentence of excommunication. William Seytoun of Schethin was forfeited for taking part with the Marquis of Huntly. — Ibid. p. 331. 1650-88. Alexander Seton, minister of Mortlach. — Antiquities of Aberdeen, ii. 258. 1650, 20th November. George Seton of Auchorties and Mr. Alexander Seton of Thornton, mentioned in a renunciation by James Brisbane, merchant, Dundee. — Particular Register of Forfarshire Sasines, third series, vol. ii. 244. c. 1650. George Seton, sometime of Woodkill, mentioned in a renun ciation by Robert Haigie, schoolmaster at Forfar, in favour of Robert Watson, now of Woodhill. — Ibid. 121. 1663, 17th January. George Seton of Thornton, and John Seton his eldest lawful son, mentioned in a sasine in favour of Robert Watson, merchant, burgess of Dundee, of the lands of Woodhill and others. — Ibid. i. 217. 1665, 9th January. Died at Cupar, Thomas Seaton, who is described as 'a great exciseman,' meaning a farmer of the revenue over a consider able district. ' He died a Catholic Roman, which was never divulged till his death/ — Lamont 's Diary. See also Chambers's Domestic Annals of Scotland, ii. 301. 1672, 16th May. Latin letter to King Charles 11. signed by 'Alex- LAUDERDALE PAPERS, ETC. 753 ander Setone, Prebendary (of Edinburgh),' and seven others, including Dr. Laurie, Bishop of Brechin, and Dr. John Paterson, successively Bishop of Galloway and Edinburgh, and Archbishop of Glasgow (a fine signature). — Lauderdale Papers, 23,135, f. 164, British Museum. 1672. James Seaton, son and heir of William Seaton, minister at Logie- Buchan, owner of the lands of Shethin. — Antiquities of Aberdeen, etc., iii. 76. 1676. Jean and Helen Seaton, heirs-portioners of their father, George Seaton, in Auquorsk, parish of Kinkell. — Ibid. iii. 427. 1678. A Mr. and Mrs. Seaton mentioned in a household book kept at Tynninghame. — Fraser's Memorials of the Earls of Haddington, i. 225, 230. 1745. The following entries appear in a list of disbursements by Oliphant of Gask, in 1745, about two months after the victory at Prestonpans : — ' Dec1 4. To ane express from Chr. Seaton at Leven . . 2s. ' Decr 9. Ane express fm Mr. Seaton at Leven . . . 2s.' — Oliphant's Jacobite Lairds of Gask, pp. 142, 144. 1747, 2nd February. William Seton, salt officer, Kirkcaldy, 'dis charged for being concerned in the last Rebellion.' — Jacobite Papers, 1745- 55 ; British Museum, Additional, 33,050, p. 187. c. 1790. A woman of the name of Seton died at Blackford, Perthshire, who, from historical facts that she mentioned, was supposed to be four or five years above a hundred. — Old Statistical Account, parish of Blackford. 1843. George Seton, farmer, died at Sheriffhall Mains, near Dalkeith, on the 9th of July. — Edinburgh Advertiser, July 18, 1843. 1846. Captain J. B. Seton, ist Fusiliers (Bombay regiment), died of cholera at Kurrachec ' He was a man of great strength and powerful frame, and struggled for three days.' — Bombay Times, June 30, 1846. 1853. The Rev. Alexander Seyton died at the house of his uncle, in Aberdeen, on the ist of November. — Edinburgh Courant, November 12, 1853- 1854. Corporal James Seaton, Scots Fusilier Guards, was killed at the battle of Alma, on the 20th of September. 5C 754 ENGLISH SETONS XXV. English Setons i. Co. Rutland. HE following particulars and relative pedigree are from Bridges' Northamptonshire (ii. 45 et seq.), edited by the Rev. Peter Whalley of St. John's College, Oxford, and published in 1791. 'Maidwell,' in Domesday Book Medewelle, and in later records Maydenwell. Alan de Maid- well was Sheriff of Northamptonshire in the twenty- seventh year of Henry 11. ... His successor was Simon, his son, who in the same reign obtained a grant of free-warren in Maidwell, and left issue, Alice, an only daughter, the wife of Sir Richard Seyton, Kt, who by virtue of this marriage became possessed of the manor in Maidwell. This gentleman was the second son of Sir Erasmus Seyton, Kt., Lord of Seyton and other places in Rutlandshire, by Briget, daughter of William Mauduit, Lord Chamberlain of England, and heir to his brother Sir Roger Seyton, Kt., Chief-Justice of the King's Bench, as shown in the pedigree on opposite page. In the History and Antiquities of the County of Rutland, by James Wright, Barrister-at-Law (1684), we are told, at p. 113, that Seyton lies in the hundred of Wrangdike (within a short distance of Uppingham). In the Conqueror's time, Robertus de Todeni held in this town (then called Segetone) one hide and one bovate of land, etc. Robert was ' a noble Norman who came into England in the Conqueror's army, and having a large estate given to him by the victorious William, for his military service, he built Belvoir Castle, and seated himself there' In the 31 Henry 11. Alice de Beaufow, widow of Thomas de Beaufow, and daughter of Walterus Oiry, was found to be at the King's disposal, being twenty years of age. Her land in Seaton was valued at eight marks per annum, with certain specified stock. In the 9 Edward 11. John of Bellafage (or Beaufoe), John, son and heir of Nicholas de Seyton, at that time within age, and William de Sancto Licio, were Lords of Seyton and Thorpe. In the church of Seaton is an ancient monument, without any existing epitaph, bearing two coats of arms, of which the first is quarterly, ist and 4th, two lioncells passant ; 2nd, bendy of ten ; 3rd, two bars surmounted of a bend. The other coat displays a lion passant crowned. The church — which has been restored — has a good early- English chancel, with a later tower and spire. CO. RUTLAND 755 Sir Erasmus Seyton, Kt.,=BRiGET, daughter of William Lord of Seyton, Thorp, and other places in Rutlandshire. Mauduit, Lord Chamber lain of England. Sir Roger Seyton, Kt, Sir Richard Seyton, Kt.,=ALiCE, daughter of Simon c. 1268, Chief- Justice of England, ob. s.p.1 heir to Sir Roger. Maidwell, Lord of Maidwell. Sir John Seyton, Kt.=ELEANOR, daughter of Baldwin Wake. Five daughters. Sir Nicholas Seyton, Kt. I ¦Susan, daughter of Sir John Verdon. Fourteen Three Joane, daughter=SiR John Seyton, daughters. sons. of • Rayner. Kt. Briget, daughter of Lord Basset, ist wife. Sir John Seyton, Kt.,= Joane, daughter of John Longville. died at Jerusalem 1396.2 - daughter of — Digby, 2nd w. John Seyton, ' with a broken = daughter of Will back,' of Seyton, Esq. Everard Seyton of = Maidwell, Esq. |2 | I Frs. Metecalfe=Joane. Anne. Bellers, 1st w. Joane, daughter of • Fielding, 1 w. =Thomas Seyton of=JOANE, daughter of Seyton, 1 son. II Alice, daughter of Beard, 3 w. Wycome, 2 w. I 3. Edward. 4. Robert. Leonard Seyton of Seyton. John Seyton of=IsABEL, daughter of Tho. Mallorie. Maidwell-Hall, h. to his brother Leonard. Died 1 7th year of Henry vm. Thomas Seyton of Maidwell.3 1 See Foss's fudges of England, pp. 607-8. A Thomas de Setone was Chief-Justice of the King's Bench in 1357. 2 His body appears to have been conveyed to England, and deposited on the south sidejof the chancel of Maidwell Church, where is still re maining a cross-legged statue in armour, with the arms of Seyton on his shield, and his head supported by a horse's leg. 3 From whom the estate passed into the hands of John Haslewood, Esq. 756 CO. DURHAM Patroni. Incunib. et temp. Institut. Ric. de Seyton, rot. cust. her. Mag. Rog. de Seyton, Sim. de Maydewell. anno 1263. Ric. de Seyton, Mil. Mag. Joh. de Seyton, 17 Cal. Feb. 1279. Dom. Joh. de Seyton. Mil. Dom. Joh. de Seyton, Mil. Johan quond. uxor Joh. de Seyton, Mil. Nic. Sy ward & al. feoff. Joh. de Seyton. Joh. de Seyton, Mil. Joh. Seyton. Nic. Gryffyn & alii feoff. Everard Seyton, Arm. Joh. Seyton, Arm. Mag. Geo. Seyton, LL.B. Archidiac. Oxon. 12 Nov. 1524. Under ' Martinsthorp ' we find the following : — ' This mannour formerly belonged to the family of St. Liz, otherwise called de Seyton — a branch of the most noble family of St. Liz, sometime Earls of Northampton and Huntingdon — till about the reign of Henry vi. Sir William Feilding, Knight, marrying Agnes, daughter and heir of John de St. Liz,1 alias Seyton, this estate came by that match into the noble family, . . . from which William the Earls of Denbigh are descended. 'Arms of St. Liz — Argent, two bars gules fretty or — in chief three fleurs-de-lis of the second.' — Bakers History of Northampton, ii. 744. 2. Co. Durham. In Surtees' Durham (iii. 45) we are informed that ' Foxton lies about three miles full south from Sedgefield. The manor of Foxdene belonged to the Knights Templars, whose possessions, on the dissolution of their Order, were transferred to the Knights Hospitallers of St. John. In 1360 Thomas de Seton, Chivaler, held the manor of Foxden under the Prior of St. John.2 His descendants, the Setons, Carrowes, and Sayers, held the same estate, and under them the De la Poles held lands by subinfeudation.3 At Shotton, a small hamlet to the east of Foxton (ibid. p. 48), the Setons and Carrowes held property, attached to their manor of Foxden. . . . In 1404 Isabel, widow of Thomas de Seton, held a messuage and sixty acres, as the heir of Carrowe, in whom the manor was vested. A moiety of the general estate of the Setons descended to the Sayers.' According to ' Hatfield's Survey,' John de Carrowe paid for the lands of Thomas de Seton in Preston — a small village on the Tees, two miles south of Stockton— at the four great terms (ibid. p. 188). . . . The chief property, which latterly at least was described as manorial, belonged to 1 See Burke's Extinct Peerages, p. 468, note, 2 Inqs. p. m. Thome de Seton, 15 Hatfield; Joh. fil. Thome Carrowe, 6 Fordham ; Isabella de Seton, 16 Skirlaw ; John Sayer, 17 Booth ; William Sayer, 7 Ruthall.— See the pedigree of Seton, etc., under ' Seton-Carrowe.' 3 115 acres, 2 oxgangs, and 7s. rent held of John Sayer and Thomas Seton. — Inq.lp.m. Mich. De la Pole, 10 Langley. SETONS AND SAYERS 757 the Setons. In 1360 Thomas de Seton, Chivaler (already referred to), died seized of ten messuages and eight oxgangs in Preston, held of the Bishop by 10s. rent; and of eight oxgangs, held by 18s. ; and of twenty- three acres held in drengage. Alice, daughter and heiress of Thomas Seton, married Sir Thomas Carrowe, Knight. Their son John de Carrowe d. s.p. in 1386,'1 seized of the same lands; and his heirs, ex parte materna, were William Sayer and Joan,2 wife of Laurence of Seton, who represented the daughters of Adam of Seton, brother of Sir Thomas first named. In 1404 John Laurenson of Seton held by the curtesy a messuage in Preston, leaving Thomas his son and heir, who seems to have re-assumed the maternal name of Seton; and in 1426, by the style of ' Thomas Seton of Worsale, Esq.,' granted all his lands in Shotten, Foxden, Preston, and Egglesclyffe to trustees for the uses of his last Will. The Sayers, repre senting Agnes, the elder daughter of Adam de Seton,3 held lands in Preston, frequently described as 'The Manor,' till a later date. — Hat field's Survey, p. 189. The following pedigree of Seton and Sayer of Worsall and of Preston- on-Tees is given at p. 190 : — Seton= Alice 1. Thomas de Seton, Chivaler, Lord of Worsale and Preston. John de Seton, ob. s.p. 3. Adam de Seton. I I Alice, daughter=Sm Thomas i. Agnes,==John Sayer. daughter and heir, at. Carrowe, Knight. and co-h. 2. Joane=John Laurenson de Seton. John de Carrowe, ob. s. p. 1387. William Sayer, co-heir with Thomas Seton of John de Carrowe. Thomas Laurenson, son and heir, at. 22 in 1404, afterwards styled 'Thomas Seton of Worsall, Esqr.,' by charter, 2nd January, 4 Hen. vi., 1425-6. Co-heir of John de Car rowe, ex parte materna. John Sayer, born 1410, whose descendants are given to the end of the seventeenth century. 1 Inq. 6 Fordham. Isabel, his widow, is stated to have held in dower the third part of the Manor of Preston — Inq.Ji6 Skirlaw. John, son of John Sayer, at. 3, and Thomas, son of John Lauren son de Seton, at. 21, heirs of her husband. 2 William Sayer was son, and Joan daughter, of Agnes, daughter of Adam de Seton, brother of Sir Thomas. 3 John Sayer, son of William, son of Agnes de Seton, was baptized at Norton, at. 3, in 1404. The following appears in Rot. Langley E. 29 relative to Thomas Seton de Worsale, Arm. ' Sciatis me dedisse etc. Will" Bell, persone de Kilvyngton etc. omnia terras et tenementa mea in Seton-Karrowe etc.'— 22nd Janr. 4 Hen. v. There is an indenture ' inter Thomam Seton de Worsall, Arm. et WilPum Hoton de Herdwyk Arm.,' and the Christian name of Thomas Seton's wife appears to have been Katherine. 758 SEATON-CARROWE John Sayer of Worsall was owner of Elvet Myers in 1588. The Sayers derived that property from their remote maternal ancestors, the Setons ; for Isabel, wife of Thomas de Seton, held dower of a third part of Elvet Myer. — Surtees' Durham, iii. 197, note. On the part of the Bishop, commission to inquire against John de Carrowe and other malefactors, who had entered ' our Castle of Stockton,' vi et armis, and forcibly took away John, son and heir of Alice, daughter and heiress of Thomas Seton, being under age and in ward of the Bishop — 1 8th October 1376. — 31 Hatfield, ibid. p. 403. Seaton-Carrowe (corruptly Carew, a Cornish name) is situated on the coast, about three miles to the south of Hartlepool. The prefix appears to have been formerly spelt Seton. It has long been a place of considerable resort in summer, and possesses a well-known golf links. There are no remains of the ancient chapel of Seaton, dedicated to St. Thomas the Martyr (Becket), and given by Brus, with the mother church of Stranton, to Guisbrough Abbey. In 1 200, Ronald, Prior of Guisbrough, granted a chantry within Seaton Chapel to Walter Carrowe; and in 13 12 Prior Geoffrey determined that the Vicar of Stranton was bound to provide for the maintenance of Seaton Chapel. — IbM. p. 130. Some Roman antiquities were found on the sands to the north of Seaton-Carrowe by Mr. Edward Pease of Darlington; and at another Seaton (in the parish of Seaham) other Roman remains were found several years ago. — Ibid. p. 402. Arms — Seton, a fesse between three birds, and a bordure engrailed (tinctures not given) ; Sayer, gules, a chevron between three seamews argent} 3. Co. York. The surname of Seton (or Seaton) turns up very frequently in the public records and elsewhere in connection with Yorkshire, and the Rev. Prebendary Douglas Seaton, Vicar of Goodrich, Herefordshire (to be afterwards referred to), has most kindly supplied me with a great deal of interesting information on the subject. The annexed pedigree relates to an important branch of the family, originally in Nottinghamshire, and afterwards at Doncaster, Pontefract, and other places in the county of York. Grimethorpe Hall, a curious old brick residence in the township of Brierly, was built by Robert Seaton, who is said to have been a Quaker, in the seventeenth century. It passed from the possession of the Seatons about a hundred years ago, and is now the property of Mr. John Farrar Crookes of Tunbridge Wells. 1 The following blazon for the name of Seton and azure, and per fesse gules, three such piles is given in Holmes' Accademie of Armory, i. x. in point argent. 105 (1688) : — Parted per pale indented ermine Gervase Seaton of Blyth, Notts, =Jennet buried 22nd April 1673. |i667 : " John=Elizabeth (born 1642), daughter of Gamaliel Milner of Burton Grange. 1669 Robert of Barnly Don=THEODOSiA Adwick, died II Gervase, married at Notting ham, 17th August 1693. II Elizabeth.Helen. and Grimethorpe, Felkirk, died 23rd October 1716, aged 78. March 1713. Mary, married to William Lambert. Elizabeth, married to John Wylde. I 1700 John of = Rosamund Arksey,died Bradford, 1743. aged died 1 73 1. 73- j 1720 Rob ert, = Elizabeth, Mayor of Doncaster, born 1678, died 1759. daughter of George Beaumont. I I I I | 2 Thomas of Jonathan Richard of Jane =Gervase of=SARAH Stapleton, twice of Ack- Grimethorpe, Milner, East Hard- More- married, died worth, died died 1770, of Burton wick, died WOOD, died 1757, aged 77. 1762. aged 83. Grange. 1745. 1722. I Elizabeth, married to Robert Pashley of Stainton, in 1718. William, Robert, John, Robert (No. 2), Francis, Thomas, Jonathan, (most of whom died unmarried). Gervase= Elizabeth, daughter of Roger born 1 7 16, died 1779. Newham of Whittington, born 1739, died 1791. Illlllllll Robert, Gervase, Thomas, John, and six daughters (most of whom died young or unmarried). John, died I797- I John, died 1819. I Gervase. William. Jane. John-Fox=Anne, daughter of Thomas Robert of Wentbridge= died 1829. Brown of Tooting, Surrey, a claimant of the Montagu Peerage. Ill Preston. Gervase. Charles. Mary-Anne. Caroline- Augusta. Sir Thomas, author of Cadet to Colonel, born 1806. George-Michell.Francis-Harriman. Douglas. I 1835- George= Eleanor L. M'Killop.1 I I Edward. John-Fox. George. Douglas, Vicar Arthur-Edward, John-Fox. Edward-M'Alister. of Goodrich. of Gothenburg. I Gervase. 2oHH 1— 1 O> > o Henry. George. 1 Sister of Captain M'Killop of H.M. ship Snake, in which he greatly distinguished himself at Yenikale in May 1855. — See Chambers's Russian War, p. 452. ^1 Ol 760 YORKSHIRE WILLS At one time I was disposed to think that the Yorkshire and Swedish Seatons may have been descended from David, a younger son of George Seton, third Baron of Cariston (supra p. 587), who settled in Yorkshire, and left issue ; but I now incline to believe that they must look for another ancestor, and that they are probably sprung from either the Rutland or the Durham Setons. The arms carried by the Gothenburg family are, gules, a bend argent between six martlets or. Crest — a martlet. Motto — 'Hazard zet forward.' Accordingly, only the motto gives indication of Scottish descent. The Rev. Douglas Seaton has copies of a good many Wills of York shire Seatons (including that of Gervase Seaton, who died in 1673), and the two following lists are extracted from his family note-books : — Surname. Christian Name. Year. Month. 1272 1293 1348I3S8 1444 Nov. 14 1447 Feb. 20 1492 1534 1581 1586 Oct. 3 1587 April 21 IS87 Jan. 19 158815881S89 Aug. 24 Sept. 8 iS9i Feb. 8 IS95 May 1 1610 Nov. 20 Parish or Record. Details of Entry or Record. Seyton SeytonSeytonSeatonSeytonSetonSetonSeyton Seaton SeatonSeatonSayton Seaton SaytonSeatonSeatonSeytonSayton Roger John, Lord John, Lord ThomasJohn John William Robert Jacob Edward Jane Edmund Thomas Alexander Edward Francis John Matthew Lambeth Library Maidwell MaidwellCalendar of Chancery Rolls Ardlethorpe Kingscliffe Yorkshire fines Yorkshire fines Barrow Parish Register Aswarty * Keilby Blyth SpaldingBlythKeilby Rotherham EasingtonBlyth Mentioned in Archbishop Reek- ham's Register. Became Patron of Maidwell, Northamptonshire. Became Patron of Maidwell. Appointed a Commissioner. John Seyton, Presbyter, pre sented to living by Prior of Spalding. Inducted to living of K. C. Northants. Plaintiff in suit about land, Howick, Yorkshire. Plaintiff in suit about land at Workingham. Will proved ; Lincoln Registry. Edward, son of Thomas Seaton, baptized. Daughter of James Seaton, bap tized and buried Sept. 5th. Edmund Sayton and Elizabeth Wood married. Will proved ; Lincoln Registry. Baptized.Edward, son of James Seaton, baptized and buried, Septem ber 1 8th. Made Will : 2 sons, Henry and Francis; 3 daughters, Anne, Margaret, and Gertrude ; wife, Anne. Made Will : 2 sons, George and Richard; wife, Elizabeth. Matthew Saytoun married Agnes Townsend. YORKSHIRE WILLS, ETC. 761 Surname. Christian Name. Year. Month. Parish or Record. Details of Entry or Record. Seaton William 1613 Barrow Made Will: son, William; daugh ter, Barbara ; wife, Agnes. Seaton James 1613 Oct. 24 Aswarty Made Will : son, John ; wife, Elizabeth. Seaton Edward 1613 Aswarty Made Will: father, Thomas; wife, Frances ; son, Thomas. Seaton Thomas 1616 Aswarty Made Will. Seaton Robert 1621 Aug. 30 Blyth Robert Seaton married Margery Woodward. Seaton John 1623 Dec. 17 Blyth John Seaton married Mary Woodward. Seaton Thomas 1626 May 14 Ordsall Died, left 3 sons, John, Thomas, and Nicholas. Sayton Elizabeth 1627 Mar. 26 Blyth Was buried ; probably wife of Edmund (see above). Seton George 1628 Calendar of State Papers 1 Grant of denization to George Seton, clerk, of Scotland. Sayton Anne 1628 Dec. 20 Blyth Was buried. Seaton Richard 1629 Oct. 20 Kirby Moorside Made Will ; buried at Shetton ; father was George, brother was Christopher . Seaton Richard 1631 Jan. 22 Skinningrave Made Will ; buried at Easington; son of above John Seyton. Seaton Thomas 1647 Dec. 26 Blyth Thomas Seaton married Alice Hanson. Seaton Elizabeth 1649 Mar. 20 Blyth Daughter of Gervase Seaton was baptized. Seaton Margaret 1650 Mar. 5 Skinningrave Widow of Zachary Seaton, made Will ; 3 sons, Richard, Zachary, and Nathan. Seton, Robert de . 1401 York Registry Adm. Seton, William de • i4°5 do. Seton, Thomas . • 1451 Probate Act . Seton, Robert . . 1460 (?) Seton, William . 1476 . Seyton, Robert . • 1538 Buried at Esyngton Saiton, Richard 1555-9 York Registry Sayton, John 1555-9 do. Seaton, Agnes . i57o-5 do. Seten, Robert . 1576-80 do. Seaton, John 1580-s do. Seaton, Edmund 1580-5 do. Seaton, Thomas 1580-5 do. Saiton, Dorothy 1585-8 do. Seaton, John 1594 do. Seaton, Edward i594 do. Seaton, Thomas ? do. 111. 70. iii. 237. ii. 241. »• 437- v. 9. xi. 330. xv. part ii. 112. xv. part iii. 153. xix. 117. xxi. 40. xxii. 105. xxiii. 205. xxvi. 130. xxvi. 444. xxxix. 401. 1 Seaton of Whitbystrand in Yorkshire, and Seaton-Delaval in Northumberland, are mentioned at p. 77 supra. 762 MISCELLANEOUS SETONS 4. Miscellaneous. In Sim's Index to the Heralds' Visitations in the British Museum (1849), only one Seton occurs — viz., in the Visitation of Kent, 16 19 (1548, f. 105 b.): 'Anne (daughter of Sir Thomas Midleton, Knight, of , co. Cumberland), wife of John Seton of Croydon, whose daughter, Alice, married William Ellsden, in the county of Derby.' Simon de Seyton, dead 6 Edward 11. (13 12), first husband of Sarah, daughter and co-heiress of Richard de Oakley of Great Oakley, and father of Simon de Seyton of Great Oakley, living 20 Edward in. (1346). — Records of Sir A. de Capell Brooke, Bart., in Baker's History of North ampton, ii. 751. Henry de Seton, Principal or Warden of Balliol College, Oxford, in 1 3 23. — University Calendar. John Seton, B.A. 1528-9, Fellow of St. John's College, Cambridge; M.A. 1532; D.D. 1544; incorporated 14th April 1544; Chaplain to Gardiner, Bishop of Winchester ; Rector of Hinton Ampner, Hants, 1 545 ; Master of St. Mary's Hospital, Winchester, and Rector of Sussex 1554; Canon of Winchester 1553, and of York 1554; a recusant 1561. See Cooper, i. 218 ; Fasti, i. 144, and Foster's Index Eccl. I possess a copy of a little i2mo volume, entitled ' Dialectica Joan. Setoni, Cantabrigiensis, annotationibus Petri Carteri, ut clarissimis ita brevissimis explicata. Cantabrigiae, 1631.' It contains dedications to Stephen Gardiner, Bishop of Winchester, and Edward Stanley, third Earl of Derby, and bears the signatures of two former owners, viz., ' David Seton ' and ' Jo. Lee,' Principal of the University of Edinburgh. In the mss. of the Earl Cowper, Historical mss. Commission, 12th Report, Appendix, Part 11., vol. ii. p. 10, is a letter dated ' Whitehall, 18th May 1633,' from Sir Francis Windebank, 'for your Honour' (Sir John Coke?), in which the following passage occurs : — 'Sir John Fiennes says that Colonel Seton, lately returned from the Hague, thinks an ambassador from Poland (Polacci ?) will be here before the end of the next week, and intends to hasten into Scotland to his Majesty.' At page 153 of vol. iii. of the same Report, under 'Papers without Date,' we find the following : — ' /. Setone, Edinburgh, a, Monsieur de Malmy, agent pour le Roi de France aupres du Roi de la Grande Bretagne en Cour. " Etant arrive en ce pays pour voir mes parens et pour donner ordre a. mes affaires, Monseigneur le Chancelier me fit prisonnier sans m'accuser d'aucune chose sinon que c'etait la volonte du Roi. Je vous prie de voir sa Majeste : aussitot que je pourrai donner quelque ordre ici pour mes affaires je me rendres aupres sa Majeste pour repondre de mes actions." ' The Rev. Thomas Seaton, M.A., late Fellow of Clare Hall, Cambridge, bequeathed to the University, in 1738, the rents of his Kislingbury estate, now (1839) producing clear .£40 per annum, to be given yearly to that MISCELLANEOUS SETONS 763 Master of Arts who shall write the best English poem on a sacred subject. The Vice-Chancellor, the Master of Clare Hall, and the Greek Professor (who are the disposers of this premium), determine the subject, which is announced in January, and the poem has to be sent to the Vice-Chancellor on or before the 29th of September following. The poem is printed, and the expense deducted out of the product of the estate, the remainder being given as a reward to the composer. The Rev. Thomas Seaton was a native of Stamford, Northamptonshire (Murray's Northamptonshire, p. 98). Job Seton (or Seyton), ' Ser.' of Ch. Ch. Oxon., matriculated 22nd July 1658. — Foster's Alumni Oxonienses, 1892. Christopher Seton, son of James Seton of London, p. p. Line. Coll. Oxon., matriculated 20th May 1697, aged eighteen; B.A. 1701 ; M.A. 1712; Rector of Epperstone, Notts, 1706, as ' Christopher Raleus Seton.' —Ibid. Alexander Seton, eldest son of James Seton of Perrymount, co. Tyrone, Esquire, admitted to Gray's Inn, 23rd November 1792. — Foster's Register of Admissions, 1889. Letter from James Seton to H. Boase, Esq., Penzance, dated 'Adelphi, 27th October 18 15,' enclosing a communication from Charles Weston, dated ' Brompton Crescent, 24th October 1815/ relative to the proceeds of certain ' diamonds of considerable value,' which had been stolen in London from Madame du Barre, ' the celebrated mistress of Louis xvi. (sic).' The diamonds were ultimately recovered, and sold under an amicable suit in Chancery. Mr. Weston's communication was in behalf of Madame du Barre's next of kin. The seal of James Seton's letter — of which only the upper portion remains — bears a dragon on a ducal coronet for crest, and two crescents, surrounded by a royal tressure, in the upper part of the shield, below which, no doubt, was a third crescent, and probably a mark of difference in the centre. — British Museum, Additional, 29,281, f. 78. 764 FOREIGN SETONS XXVI. Foreign Setons N my notice of the family of Preston (No. vi.) reference has been made to the connection of the Setons with Sweden in the persons of George Seton (born in 1696), who settled as a merchant at Stockholm in 17 18, and of Colonel Seton, whom I have failed to identify, and whose interesting adventure with Gustavus Adolphus is given at page 370. Again, in the preceding section relative to English Setons, I have alluded to the branch of the Yorkshire family which has been located at Gothenburg since the early part of the present century. In Robert Monro's curious work entitled His Expedition with the wort he" Scots Regiment, called ' Mackeye's Regiment,' levied in August 1626, we find the following reference to a Colonel Alexander Seaton : — ' Imme diately after the death of Lieutenant-Colonel Arthur Forbes, Sanders Seaton was by his Majestie's patent made Lieutenant-Colonel to the Regi ment, who did bring a strong company of well-exercised souldiers, which were joyned to strengthen the regiment. . . . Lieutenant-Colonel Seaton was preferred against the officers' wills, who, once placed, would refuse nothing unto his Majestie he would command.' Among other 'Scots Colonells that served at this time in Sweden, Leesland, and Spruce,' Monro mentions : — ' James Seaton, Colonell to foote of Swedes ; Colonell Kinninmond, do., succeeded; and Sir John Meldrum, Colonell in Spruce to foote.' Among numerous memoranda in my possession I find a note (with out any reference) of a James Seton, 'of a noble family in the North of Scotland,' who went to Norway in 1628, as well as the following statement (also without reference) respecting another James, ten years earlier : — '1618. Requeste voir Capn James Seyton. James Seyton makes a protest against the intended appointment of Donaldson as sergeant-major. This Donaldson was formerly merchant of stockings at Flushing, then he became Captain, but he is, as Seyton says, very incapable, and does not merit such an appointment, as there are capable officers enough in the regiment.' An Alexander Seton turns up in Germany in 161 2, who may perhaps have been the famous alchemist, respecting whom there is an SETONS IN FRANCE 765 interesting paper in a comparatively recent number of Chambers's Journal, by the late Mr. John Small of the Edinburgh University Library. In Pepys' s Diary (iii. 169) mention is made of Captain Seaton of the Urania — 76 guns and 400 men — which took part in the victory over the Dutch on the 3rd of June 1665. Probably, however, more Setons have found their way to France than to any other country on the continent of Europe. Under the notice of John, first Baron of Cariston (p. 583 supra) mention has been made of two of his three sons turning up in that kingdom, viz. : Sir John Seton, Captain in the Scots Guards, who married a daughter of the Count de Bourbon, and his younger brother James, who appears to have been resident in France in the year 1601. I have also referred to 'Jehan Seton, Ecuyer, Sieur de Cariston' — supposed to be Sir John's son — who, in 1622, married 'Demoiselle Catherine Eustache,' and who died, in 1661, at Coulonniers, about two leagues from Meaux, whose interesting testament will be found in the Appendix of Miscellanies. In the manuscripts of the Duke of Hamilton (Historical mss. Com mission, nth Report, Appendix, Part vi. p. 91) we find a letter to the Marquis of Hamilton, signed 'J. Setone,' apparently John or Sir John Seton, one of the Scots Guard in the service of" the King of France. At the close of the communication he adds : ' As for neuis ve hier the Emprieur's arme is strong, and, God willing, his Maestes [Louis xm.] arme vilbe abouufe four scoir thousand men this spring. I suld desyr from my hert that our leues vair granted for completting of our Scotis' regement for al they that ar heer dois viel and ar in goud account. As for our Scotis gards I vil neuer vreit any moir. Sine their is no cair taking to restablis it, I sal tak my tym and salbe most sory to be the last Scotis Lieutennant, sua I kis your hands as ane that is, your Lordship's, etc. — Paris, 3 November 1634.' As already stated (under Cariston) several John Setons are specified by Francisque-Michel in his Ecossais en France. He mentions the Setons (i. 15) among 'les families les plus considerables' who came from France to Scotland ; and he elsewhere (ii. 295) describes them as ' une famille etroitement liee a. toutes les epoques avec notre pays.' We have already seen that the fourth Lord Seton had an exciting encounter with the Dunkirkers on his way to France ; that the second wife of the sixth Lord — the mother of Mary Seton — was a Frenchwoman ; that the maid of honour herself spent her declining years in a convent at Rheims ; and that the seventh Lord Seton — Queen Mary's devoted adherent — as well as his son the Chancellor and several of his later descendants, were repeatedly on French soil. Other Setons in France, mentioned by Michel, are 'Alexander Seton, Lord de Gordon' (c. 1422); 'Master Seton, escuier d'Escosse,' otherwise described as ' Thomas Ston (sic), Cappitaine de gens d'armes ' (about the same date) ; ' Williame de Setoune,' Master of Seton, and eldest son of John, second Lord, killed at the battle of Verneuil in 1424 ; 'Guillaume Seton,' an archer in the Scots Guard, about 766 DR. WILLIAM SETON 1467; George Seton, also a member of the 'Garde Ecossoise,' in 1575; 'le Capitaine Seton,' on whose behalf Archibald Douglas applied for a passport in 1598; Sir John Seton, in the service of Louis xiii. ; and 'le docteur William Seton' (c. 1640), pronounced by Tomasini to have been one of ' les plus savants hommes de son temps,' and described by another writer as 'le flambeau de l'epoque.' Michel (ii. 296) gives a short quota tion from Sir Thomas Urquhart's high estimate of the learned doctor, but a fuller extract from the eulogy of the translator of Rabelais will be found in the chapter entitled 'The Scholar and the Author' in Dr. Hill Burton's Scot Abroad. Sir Thomas informs us that Seton was 'not a doctor of divinity, but one that had his degrees at Padua, and was doctor utriusque juris ; for whose pregnancy of wit, and vast skill in all the mysteries of the civil and canon laws, being accounted one of the ablest men that ever breathed, he was most heartily desired by Pope Urban the Eighth to stay at Rome.' After discharging for some time the office of ' chief pro fessor ' in the ' Sapience College,' with great honour and reputation, being a ' proud man,' he came to loggerheads with // Collegio Romano, ' the supremest seat of the Jesuites,' and found his way to various parts of Italy. He ultimately took up his abode in Paris, ' where he was held in exceeding great reputation for his good parts, and so universally beloved that both kicks and churchmen, courtiers and scholars, gentlemen and merchants, and almost all manner of people willing to learn some new thing or other, were ambitious of the enjoyment of his company, and ravished with his conversation.' ' I have seen him,' continues Sir Thomas, ' circled about at the Louvre with a ring of French lords and gentlemen, who hearkened to his discourse with so great attention, that none of them, so long as he was pleased to speak, would offer to interrupt him ; to the end that the pearles falling from his mouth might be the more orderly digested in the several treasures of their judgements : the ablest advocates, barristers, or counsellors at law of all the Parlement of Paris, even amongst those that did usually plead en la chambre dore'e did many times visit him, to get his advice in hard debatable points.' Finally, he states that Balzac was so charmed with the strain of Seton's letters that he lovingly presented him with a golden pen, 'in acknowlegement of his excelling him both in rhetorick and the art of perswasion.' According to Michel (ii. 295) the ' Chateau de Ceton,' in the Department of Orne, and not very far from the battle-field of Verneuil, ' n'existait plus a la fin du xve siecle.' In the month of April 1894 I paid a visit to the quaint little village of Ceton, about a hundred miles south-west of Paris, passing Chartres en route. Accompanied by the courteous and intelligent cur6 (M. Hugo), I inspected the ancient church, the tower of which is said to be a portion of the old chateau. It contains some fairly good stained-glass windows, and a curious recumbent effigy of our Saviour (?), surrounded by five figures. In the nave I noticed a shield of arms charged with three escallop shells, but I looked in vain for crescents. M. Hugo was unable to give me any information relative to the connection of the Setons with the FRENCH AND SPANISH SETONS 767 locality ; and on calling at the ' Mairie ' I was informed that it contained no ancient documents of any kind, the Revolution of ' quatre-vingt-treize ' getting the credit of their destruction ! In the ' Retenues de Brigadiers, sous Brigadiers, et Gardes du Corps de la compagnie de Noailles,' dated at St. Germain, 31st December 1679, among the National Archives of France (O. 23, fo. 82), the name of Seton occurs as one of four ' Brigadiers creez,' and in the same document, ' Han- bourg ' is entered among the Gardes du Corps, ' par la demission de Seton.' The following curious entries are from the records of the Scots College at Douay, in the possession of Mr. and Mrs. Maxwell Witham.1 1594. ' Gulielmus Gordon, frater Comitis Huntlasi, vixit in seminario sub legibus seminarii sed propriis expensis, factus Franciscanus non perseveravit.' 1596. ' Mr Alexr Seton, Calvinianus, juvenis modestus et boni ingenii. Agitur de eius conversione de qua est bona spes.' 6th June 1620. Gilbert Seton dismissed 'ob mores insolentes.' 31st October 1620. Henry Seton, natural brother of Laird of Munie. 31st October 1620. John Seton, his brother, died in poverty at Paris. 1625. John Seton, son of the Chamberlain of Fife, became Superior of the Scottish Seminary at Madrid. 7th October 1627. David Abercromby of Petelpie entered as a student of composition. On account of his health, he departed in June 1631. In 1640 he became tutor to the second son of the Earl of Winton, and some years later devoted himself to medicine in London. 1658. Robert Seton, younger son of the Earl of Winton,2 at his death in 1673, left 30,000 merks Scots to the College. 25th May 1675. ' Georgius Setonus, primogenitus Joannis Baronis de Garleton, equitis aurati, et Christinas Hume, filial Baronis de Renton, 10 annos, Parisiis adductus a R. P. Alexandro Conaso.' 1 68 1. Charles Gordon, 11, and Patrick Gordon, 9, sons of Charles, Lord Aboyne. 1 8th April 1698. 'Georgius Seton, 12 annos, ex patre Georgio de Garleton, post philosophiam in Scotiam rediit.' July 1 7 14. ' Andreas Seton, 16 annos, frater Georgii et Joannis ex Garleton, ivit in Hispaniam, ubi factus est miles.' We have already seen (supra p. 108) that Robert, second son of George, fourth Lord Seton, died in the Castle of Milan, leaving two sons, one of whom (William) was, like himself, ' ane man of armes in France.' Again, Sir John Seton of Barns (supra p. 623) was a Knight of the distinguished Order of St. Jago, and Master of the Household to Philip 11. of Spain. 1 Historical MSS. Commission, App. to Fifth Earl of Winton, by his second wife, who at Report. P- 228 supra is said to have ' died in infancy.' 2 This must have been a son of George, third 768 MILANESE SETONS An Italian branch of the Seton family appears to have flourished in or near Milan from the middle of the fifteenth century. Prefixed to a curious and rare thin Latin folio in my possession, extending to 68 pages, relative to the admission of 'D. Johannes de Sitonis' into the illustrious Order 'Judicum, Equitum, et Comitum inclytze civitatis Mediolani,' in the year 1703, are the detailed proofs of his nobility. He deduces his descent, through eight generations, from 'D. Franciscus de Sitonis,' as in the following table : — D. Franciscus de Sitonis, ex antiquis Nobilibus Regni Scotia?, Tritaui Auus. I D. Johannes Jacobus, Tritaui Pater. Spectabilis D. Franciscus ex Patronis, ac Fundatoribus Ecclesise Parochialis S. Viti ad Carrubium P. T. Mediolani, Tritauus. Nobilis et Magnificus Vir D. Johannes Jacobus, Equitum Italorum Colonellus sub Ferdinando 1. Romanorum rege, etc., Atauus. I Spectabilis et Magnificus D. Johannes Franciscus, Abauus. I I I Nobilis D. Hieronymus Ducalis Magnificus D. Camillus I.V.D., Peditum Capitaneus, acVisitator Proauus. Generalis Urbium, ac Fortalitiorum | in Lotharingia. Item Dux contra Perillustris D. Johannes Baptista, Turcas pro Serenissimo Ernesto Auus. Archiduce Austrise, j Propatruus. D. Canullus I.V.D., Pater. I Johannes I.V.D., Petens. The narrative refers to the distinguished position of the Seton family in England, and afterwards, in the time of Malcolm Canmore, in Scotland, where they derive their surname ' a nobili urbe Setonio, Edimburgum inter et Germanici asquoris littus posita.' This is followed by a reference to a worthy scion of the family at the beginning of the second century ! 'Anno Domini 112, Ecclesiastica Scotorum Historia curiosum memorat antiquarium, obitum scilicet Diui Beati Sitonij primi in Occidente Monaci, S. Petri Apostolorum Principis discipuli, ac Heluetiorii Apostoli, de quo cecinit Garnefelt.' From the ' beatus Apostolus ' the petitioner suddenly drops to ' Alexander, Dux Generalis,' the brave Governor of Berwick in 1330, and specifies the various Lords and Earls (including Huntly, Winton, Dunfermline, and Kingston) down to the year 1684. The first Italian Setons are stated to have been three ' nobiles viri,' SETON ARMS AT BOLOGNA 769 bearing the names of John, James, and Adam, who appear to have located themselves in Insubria (the Duchy of Milan), in the reign of Charles vm. of France. Several distinguished members of the family are stated to have flourished during the sixteenth century, towards the beginning of which (15 1 8) it appears that the family of Seton was enrolled among the ' Nobiles Mediolanenses.' Documentary evidence is adduced of the petitioner's descent from ' Franciscus de Sitonis,' already referred to, who flourished 'ante annum salutis humanas 1485.' It is elsewhere stated that ' familia Sitona e Scotia in Italiam accessit anno 1450.' The name of 'Joh. de Sitonis, J. C. et Advocatus,' appears on the title-page of a thin Latin folio volume of Italian Genealogies, of which a copy, bearing the book-plate of the Hon. Frederick North, was in the possession of the late Dr. David Laing of the Signet Library. He appears to have been the author of other learned works, including a treatise ' de antiquis et modernis in Insubria Monetis.' Through the good offices of my friend Mr. Robert J. A. Hay, late of Linplum, I obtained the annexed blazon of the arms of ' D. Joannes Setonivs Scotvs Melledroni (Meldrum ?) Dominvs ' (who studied at the University of Bologna in 1603), which appears on one of the walls of the ' Archiginnasio,' formerly the University, and now the Public Library. It will be observed that the tinctures are erroneous. The blazon implies the fact of John Seton having been elected a ' councillor ' by his fellow- students of the same Nation. Seton's name occurs in a list of fourteen students of Law of the English Nation between 1554 and 1603, of which the original is in the ' Biblioteca Estense' at Modena. Fitzherbert, Fitz-' william, and Griffiths appear among the English names, but Seton, who is described as ' Anglus Scotiensis,' is the only Scotchman. SE 770 ARCHITECTURAL ACHIEVEMENTS II. ARCHITECTURAL ACHIEVEMENTS OF THE SETON FAMILY )N the preceding accounts of the Huntly line and other cadets of the family, reference has been made to the castles of Strathbogie and Bog-o-Gight, as well as to Touch, Barns, Garleton, and other impor tant structures. I shall here confine myself to the principal edifices erected by the main line of the House (four in number), and the two magnificent mansions which owed their existence to Chancellor Seton. Under the notice of Pinkie House, in the fourth volume of Billing's Baronial and Ecclesiasti cal Antiquities of Scotland, Dr. Hill Burton says: — 'As this collection of illustrations has served to show, Scotland owes many of her architectural ornaments to the munificent taste of the family of Seton. They built Seton Church and the Palace adjoining it, which has now disappeared. They built, according to their family historian, the old bridge of Mussel burgh, which tradition makes a Roman work. That peculiar and beautiful structure, Winton House, was erected as a mansion for the head of the family. Lastly, Alexander Seton, Earl of Dunfermline, who added the ornamental parts to Pinkie, was the same who got built for himself the even more stately and beautiful castle of Fyvie.' SETON CHURCH 771 ^«^^z$m I. Seton Church ' As in a vault, an ancient receptacle, Where, for these many hundred years, the bones Of all my buried ancestors are packed.' Romeo and Juliet, iv. 3. The revival, in the fifteenth century, of church-building in Scotland, which had been suddenly arrested by the invasion of Edward 1., 'was no longer an affair of the nation. . . . Proprietors were now content to raise chapels on their estates, and endow them sufficiently to maintain a proper service in them. Hence arose a very interesting group of Collegiate Churches, each served by a " College," or fixed number of priests and choristers, whose stipends were paid out of the endowments.' 1 No fewer than nine of these were erected in the Lothians, of which not the least important was Seton, almost under the shadow of the magnificent palace of the same name, to be afterwards noticed. In the earlier periods of Scottish Ecclesiastical Architecture there was a strong affinity with the styles which prevailed on the south side of the Tweed ; but after our great war with England the artistic tendencies of Macgibbon and Ross's Scottish Architecture, iii. 25. 772 VIEWS OF SETON CHURCH the northern portion of the kingdom manifested a decided leaning towards continental tastes, which was largely influenced by the intimate political relations between France and Scotland. Much interesting information regarding the construction and enlarge ment of Seton Church is contained in Sir Richard Maitland's valuable Chronicle of the family, while important notices occur in Grose's Antiquities of Scotland, Sir Walter Scott's Provincial Antiquities, Muir's Ancient Scottish Churches, and Billings' Baronial and Ecclesiastical Antiquities; and from these various sources a pretty full account of the venerable fane can be easily compiled. Besides the views in Grose, Scott (by Blore), and Billings — an exterior and interior, — there is a pretty, small engraving of the church, by Swan, in the Maitland Club edition of the House of Seton ; and the same work embraces a full-page illustration of a portion of the interior of the choir, showing the former position of the recumbent effigy of George, fourth Lord Seton, and the elaborate monument of the first Earl of Perth. The last of these is from a drawing by the ' Duchess- Countess ' of Sutherland, when Marchioness of Stafford (paternally Seton), to which she makes reference in a letter to Charles Kirkpatrick Sharpe, editor of the Maitland Club edition of the House of Seton, dated February 18th, 182 1 : — 'I have finished my drawing, or rather have spoilt your sketch, of the Seton Chapel, which I shall send you by the first oppor tunity. ... It has occurred to me that if I were to get for you four etchings or lithographic plates of things in this chapel, or relating to the Setons, of a small quarto size, and that you were to publish their memoirs with notes, and with such prints, the book would sell well, and might be made a curious one as to Scotch domestic history and anecdote relating to remarkable persons. If of use, I would etch any of the architecture plates.' * Many years ago I received from Mr. Sharpe a clever etching of Seton Church, by Sir Archibald Alison, the historian, whose wife was a Tytler (see page 536 supra). I also possess a spirited water-colour of the church, painted in the height of summer, by Mr. Alexander Fraser, R.S. A., son-in-law of the gifted Thomas Duncan. A view of the ancient fabric, in oil, by the late James Drummond, was exhibited in Edinburgh in 1848, and the church has long been a favourite subject with artists. About sixteen years ago it was admirably illustrated by a series of elaborate drawings, elevations, ground-plans, specimens of the windows, buttresses, corbels, recesses, monuments, fonts, piscinas, and other interesting details, in the Sketch- Book of the Edinburgh Architectural Association. The earliest notice of Seton Church in Sir Richard Maitland's Chronicle of the family occurs under his account of William, first Lord Seton, who died c. 1409, and whose widow, Catherine Sinclair of Her- mandston, ' biggit ane yle on the south side of the paroche kirk of Seytoun, of fyne astler ; pendit and theikit it wyth stane ; wyth ane sepulture 1 C. K. Sharpe's Correspondence, ii. 223. The at the sale of the late Mr. James Gibson-Craig's sketch here referred to was sold in Edinburgh pictures and engravings. LADY JANET HEPBURN 773 thairin, quhair sche lyis ; and founditane priest to serve thair perpetuallie.'1 Her grandson, George, third Lord Seton, ' biggit the queir of Seytoun, and pendit it, sa fer as it is, with rymbraces ' ; while his son and successor, George, fourth Lord, 'pendit the queir from the rymbrasis but (about), fundit and erectit the college thairof, and devydit the personage thairof betuix the provest and the prebendaries.' The fourth Lord also ' biggit the revestre (vestry); pendit and theikit it wyth stane.' George, fifth Lord, who fell at Flodden, 'theikit the queir of Setoun w* staine, and repairit the samyn with glaising windois, maid the dasks thairin, and cylerings aboue the altar, and pauementit the said queir, and gaue to it certane vestments, ane haill compleit stand of claith of gold, and vthers of silkis.' But one of the principal benefactors of the ancient fane was his widow, Lady Janet Hepburn, who survived her husband for forty-five years, and was also the foundress of the Convent of St. Catherine of Sienna, near Edinburgh. ' This Ladie,' says Sir Richard Maitland, ' biggit the foirwerk of Seytoun, aboue the yet ; and als scho biggit the north corss yle of the collage kirk of Seytoun. And tuk doun ane yle, biggit be Dame Katherine Sinclair, on the south syd of the said collage kirk, becaus the syd of it stude to the syd of the kirk, to mak it ane perfyt and proportionat croce kirk ; and biggit the said yle again, and compleitit it as it is now. And als sche biggit the stepill thairof to ane grit hicht, sua that it wantis lytill of compleiting. This Ladie gave mony ornamentis to the kirk of Seytoun : as ane compleit stand of pur- pule veluat flourit with gold ; ane compleit stand of crammase (crimson — Fr. cramoisi) veluat, flourit with gold ; ane compleit stand of quhyt dammas ; ane compleit stand of grein chamlot of silk ; ane compleit stand of blak doubill wourset ; with vther certane cheissebillis, and vestimentis of sundre silkis. And als gave to the said kirk ane grit croce of silver ; ane eucharist of silver ; ane grit challice of silver, overgilt ; ane pendicle to the hie altar of fyne wovin arres, with vther pendiclis. She loftit the revestrie, and maid grit lokit almaries thairin. Scho foundit twa prebendaries, and biggit thair chalmaris vpon voltis ' (vaults).2 In the time of George, sixth Lord Seton (son of Lady Janet Hepburn) — May 1544 — Seton Church appears to have suffered greatly at the hands of the English invaders, who, besides burning and destroying the Castle, 'spulzeit the kirk, took away the belis, organis, and all vther tursable (portable) thingis, and pat them in their schipis, and burnt the tymmer work with the kirk.' The last Earl of Winton, at his trial for implication in the ' rising ' of 1 7 15, in answer to the articles of impeachment, after alluding to the attack upon Seton Palace by the militia of the shire of Lothian, 'under the 1 The late Dr. Joseph Robertson informed son's Documents illustrative of the History of me that ' Eccla. de Seethun, 1242,' was men- Scotland, p. 55. tioned in the Pontifical MS. in the National 2 The worthy chronicler's observations on Library of Paris ; and a presentation to the Lady Seton's liberality in connection with Seton church of Seyton, in the year 1296, occurs in Church will be found in the first volume, under the second volume of the Rev. Joseph Steven- the notice of her husband. 774 MADE 'COLLEGIATE' IN 1493 specious pretence of serving the Government,' proceeds as follows : — ' The most sacred places did not escape their fury and resentment ; they broke into his chapel, defaced the monuments of his ancestors, took up the stones of their sepulchres, thrust irons through their bodies, and treated them in a most barbarous, inhuman, and unchristianlike manner.' Again, Mr. Charles Kirkpatrick Sharpe, in his preface to the Edinburgh edition of Sir Richard Maitland's House of Seton, refers to the circumstance of the building having been ' much defaced, the tombs broken, and the pavement raised by the rabble and common soldiers in their search for hidden treasure.' Both Grose and Sir Walter Scott support the opinion that there must have been a parochial church on the site of the present edifice from an early period ; and this view is confirmed by Sir Richard Maitland's mention of the burial, in Seton Church, of certain ancestors of the Lords Seton, to be afterwards referred to. As already stated, the existing church was made collegiate, out of several chaplainries, by George, fourth Lord Seton, on the 20th of June 1493 — the foundation consisting of a provost, six pre bendaries, two singing-boys, and a clerk. The relative charter was after wards confirmed by Andrew, Abbot of Newbattle, as the Apostolus sedis Delegatus. Grose describes the church as standing in 1789 within the walls of the adjoining castle, and states that the spire appears to have never been completed. From the Haddington Presbytery Records it appears that, in 1568, Seton church and parish were, along with Tranent, under the pastoral care of Mr. Alexander Forrester. In 1576 Thomas Raith acted as Reader at Seton, while Tranent was separately supplied by Forrester. After 1580 Seton was united to Tranent, and in 1589 the Presbytery applied to Lord Seton to appoint a minister. In 1592, William Seton, 'pretendit Provost of Seton,' was summoned to appear before the Presbytery, with a view to his deposition for non-residence. He appeared on the 20th of June 1593, and (1) denied that the College Kirk of Seton was 'ane benefice of cure or ane parish kirk'; (2) 'but that quhatsomever service was done there, competent to be done in ane parish kirk, was done there by dispensation, at the least by the permissioun and tolerance, of the Vicar of Tranent ; and (3) that if ever it was ane benefice of cure, he ought not to serve the same, but the ordinarie.' It was again proposed that Seton should be erected as a parish, and enjoined by the Commission for Plantation of Kirks, 17th April 1650 ; but Lord Winton delayed compliance, and meanwhile, in the following week, he entreated the Presbytery to remit his fines, ' in respect of the great charges he will incur in erecting the new kirk at Seton.' * The following passage is extracted from the notice of the church in Billings' valuable work, which is understood to have been from the pen 1 Scott's Fasti Ecclesia Scoticana. DR. HILL BURTON'S NOTICE 775 of the late Dr. Hill Burton : — ' The building appears never to have been completed according to its original cruciform plan, of which only the chancel and transepts are to be seen, surmounted by the tower of an intended spire. The architecture is a mixture of the Early English and the later styles, corresponding with the different periods at which the works were constructed. There is a fine oriel or apse of three pointed arches at the end of the chancel. On the north side, within a niche in the perpen dicular style, are the monumental effigies of one of the Lords of Seton and his wife, somewhat mutilated, but in a less unseemly condition than such monuments are to be found in Scotland. The male figure is in plate armour, with a wreath round the helmet. On the head of the female the reticulated work is still distinct. The hands are closed in the usual attitude of prayer.1 Opposite to this monument is a richly decorated piscina in good preservation. . . . Every slab on the pavement has some monu mental purpose, and the visitor is the more forcibly reminded of the dust added unto dust that lies beneath his feet, by the earth being in some places disturbed, and showing the shape and dimensions of the graves by laying bare portions of the flagstones by which their sides are cased. Some of the flat monumental stones have an appearance of greater antiquity, than any portion of the church. On one of them may be traced the earliest symbol that is to be found on any stones in Scotland, ascertained to be monu mental — the great cross-handled sword, which served at once to indicate the warlike career of the dead, and his trust in the religion of peace. The roof is of pointed Gothic and ribbed, and by one of the caprices so often found in Gothic architecture, the base of the ground arch under the tower is not in a line with the apex of the chancel arch. A round-topped Norman- looking arch gives access to a cell behind the monumental niche already referred to, in which there lie some remnants of sculptural ornaments which time or violence has detached from their proper position. Here, embedded in the wall, a large black marble slab contains a Latin epitaph, which might more properly be called a biography,2 relating to the services of George, the seventh Lord Seton, who having negotiated, as Ambassador for Scotland, the marriage of the Dauphin to Mary Queen of Scots, remained ever after wards one of the most devoted and disinterested adherents of that Princess, encountering in her service a series of adventures which would make the materials of many a romance.' In the late Mr. T. S. Muir's Descriptive Notices of Ancient Scottish Churches there is a detailed architectural notice of Seton Church. While he states the ' orientation ' to be ' E. \ S.,' he is unable to specify the name of the saint to whom the church was dedicated ; and in the absence of any positive information on the subject, I venture to suggest St. Benedict, or St. Bennet, the patron saint of the family. 'The style of the church,' says Mr. Muir, 'is Middle- Pointed ; and the plan comprises a choir, of three bays, with a semi-hexagonal termination ; 1 Engraved at p. I io supra. 2 See Appendix of Miscellanies. 776 MR. MUIR'S DESCRIPTION a north chantry ; transepts of two bays ; and a low square tower, capped by a truncated octagonal spire with plain haunches dying off at the corners of the tower, at the intersection. The west elevation shows a purposed nave, but no part of it has ever been added. Externally, the dimensions are : — — ' — j f Choir, 65 ft. 3 in. long. S. Transept, 31 ft. 3 in. long. N. Transept, 29 ft. 6 in. long. Tower, 24 ft. 6 in. long. ' Access to the interior is by the nave and choir arches, the only con structive entrance being the priests' door, which is blocked. It is a small round-headed aperture in the south middle bay of the choir, composed of a few continuous roll-and-fillet mouldings, surmounted by a heavy under cut label with foliage terminations. . . . The windows are of two and three lights, have foliated loop-tracery in the head, and a moulded hood with floriated and pictorial ends. Those in the transepts — two on the west, and one on the north and south respectively — are of larger size, and are either empty, or, like the others in the choir, have their days and tracery-openings entirely blocked. . . . The buttresses are divided by narrow moulded set offs into three stages terminating in a plain square pinnacle, and, here and there, a crocketed finial and crope. One or two plain shelving mouldings are carried round the foot of the first stage as a basement ; and on the second stage there is an enriched canopy over a bracket supported by a large floriated boss, in some instances the figure of an angel holding a blazoned shield, as on the bracket affixed to the west angle-buttress of the south transept ; while on that . belonging to the corresponding one to the east are sculptured the instruments of the Passion, the three (?) nails transfixing a heart encircled by the ropes intertwined, and at the four corners respectively the hands and feet. . . . The belfry-stage of the tower rises immediately above the ridge of the roof of the choir and transepts, and contains a plain recessed pointed light of two chamfered orders without tracery, in the middle of each face. At the east angle of the south wall there is a polygonal turret with a pyramidal stone capping, and a newel ascent from a square-headed door way opening on the north-east angle of the south transept. ... On the south of the nave-arch, and close to the angle, is a curiously designed stoup partly within and partly without a low moulded ogee-headed niche. . . . The roof is a pointed vault, and is quite plain from the west end to about the middle. ... In the south wall, and a little to the east of the priests' door, is a large shallow recess containing a continuous stone bench or sedile, 7 feet in length and 1 foot ARCHITECTURAL DETAILS 777 8 inches deep. . . . On the east of this ... is an octagonal piscina. . . . The chantry chapel stands in the north middle bay : internally it is 14 feet 8 inches long by 1 2 feet 8 inches wide. . . . There is a plain vaulted roof over the chapel ; a fireplace in the north wall ; a square-shaped window near the top of the west wall ; and another of the same description occupying a relative position in the wall opposite. . . . Adjoining the piscina, and immediately to the east of the entrance to the chapel, is a wide and deeply-recessed square-shaped hagioscope opening in the form of a small square window on the north wall of the choir. It is placed diagonally in the wall, and diminishes gradually in size as it ap- '-"77^77^ proaches the external plane. . . . Lying loose near the doorway is the octagonal 777:--g§i|l! basin of a baptismal font ; its form is pretty entire, but the edges and faces, and the retiring mouldings below, are considerably worn and mutilated. . . . As is almost universally the case in Scottish examples, the transepts of this church appear to have been designed for mortuary chapels. ... A large recess, under the south window of the south transept ... is the best moulded detail belonging to the building. The width of the recess is 7 feet, and its depth, if intended for a monument, is sufficient only to contain a single effigy. . . . The south transept is used as a car penter's shop ! The whole of this church is in a very good condition ; and although long since abandoned as a place of worship, affords every facility to any design which may hereafter be proposed for its complete restoration.' In the Gentleman's Magazine for December 1848 (the year in which Mr. Muir's work was published) there is a notice of a visit of the Society of Scottish Antiquaries to Seton Church, and of a contemplated memorial to the Earl of Wemyss, the owner of the fabric, 'for a further grant of money to be applied to the restoration of the church, and the preservation of one of the most interesting relics of Scottish antiquity.' A few observations seem to be called for upon the preceding state ments of Dr. Hill Burton and Mr. Muir. The former writer refers to the interest and antiquity of the ' flat monumental slabs ' forming the pavement of the old church, and he specially mentions one of these as exhibiting the early symbol of a 'great cross-handled sword,' combining an indication of the warlike career of the departed and his trust in the religion of peace. Since the year 1836 I have been familiar with every stone in this vener able memorial of a once-powerful race ; and many a pilgrimage have I made to the ancestral shrine, under the influence of the sentiments em braced in Tickell's address to the Earl of Warwick : — 5F 778 RESTORATION OF 1878 ' Oft let me range the gloomy aisles alone (Sad luxury ! to vulgar minds unknown), Along the walls where speaking marbles show What worthies form the hallowed mould below : Proud names who once the reins of empire held, In arms who triumphed, or in arts excelled ; Chiefs graced with scars, and prodigal of blood ; Stern patriots who for sacred freedom stood ; Just men, by whom impartial laws were given ; And saints, who taught and led the way to heaven.' On the occasion of a comparatively recent visit to Seton Church, after an interval of a good many years, I was horrified to discover that no fewer than nine or ten sepulchral slabs had entirely disappeared, including (as I believe) the stone specially mentioned by Dr. Hill Burton. Fortunately, in 1 85 1, I had made careful drawings or rubbings of the missing slabs; and I considered it desirable to preserve a record of them in a paper which I read before the Society of Scottish Antiquaries in March 1888,1 and which embraces engravings of six of the slabs in question, to be afterwards referred to. Immediately after my discovery, I communicated with Lord Wemyss, who appeared to be under the impression that the slabs had been removed and broken up during the lifetime of his grandfather (who died in 1853), by an incompetent tradesman employed to prepare the church for a place of burial. In 1878 the church was partially restored by the late Earl of Wemyss, under the direction of the late Mr. Maitland Wardrop, architect, whose share of the alterations, however, was confined to the restoration and glazing of the windows, which was most successfully accom plished. The rest of the work embraced the removal of two large mural monuments from the chancel to the transepts, the construction of three vaults in the centre of the chancel, and the covering of the entire floor of the church with sea-gravel — and these various operations were carried out under the superintendence of a mason from Aberlady. Lord Wemyss has been good enough to inform me that when he carries out his contemplated idea of substituting concrete tiles for the sea-gravel, he will authorise an investigation, with the view of ascertaining whether any of the missing slabs still exist.2 I consider that I cannot do better than reprint the portion of my paper which relates to the various monuments. 1 Proceedings of the Society, 1887-88, p. 174 et seq. 2 A recent number of Truth contains the following reference to the deliberate removal of old family fmonuments from a church on the south side of the Tweed. ' Some years ago, a wealthy brewer bought an estate in the Mid lands from a family in whose possession it had been for between two and three centuries. A short time back the new owner had the parish church restored, and in the course of the work certain of the old family monuments were re moved from their former positions. The dis covery of this has greatly vexed a member of the family in question, and he desires me to hold up to public reprobation the conduct of the " gilded parvenu " (so he called the brewer) and the parson, who were jointly responsible for the outrage. Perhaps they would have shown better taste if they had consulted the wishes of the parties interested in the memorials. Still, I am not disposed to judge them so severely as my correspondent does. No doubt they acted under the impression that the family monu ments were knocked down with the rest of the property ' ! EXISTING MONUMENTS 779 1. Existing Monuments. 1. Recumbent effigies, already referred to, of one of the Lords Seton and his lady, near the north-east corner of the chancel. Mr. Muir, no doubt correctly, conjectures that the figures represent George, fourth Lord Seton (ob. 1 508), by whom the church was made collegiate, and his wife Lady Margaret Campbell, daughter of Colin, first Earl of Argyll.1 This monument is pretty well shown in the drawing by the Duchess of Sutherland, and it also appears in the E. A. A. Sketch-Book. At the sale of Mr. Samuel Edmonston's pictures, a few years ago, I secured a very faithful representation, in oil, of this interesting monument, which appeared in the Catalogue as 'A Tale of Bygone Days.' 2. The elaborate mural monument of James, first Earl of Perth, who married Lady Isabel Seton, daughter of Robert, first Earl of Winton, already referred to (supra p. 209). 3. The mural monument of James Ogilvie of Bernes, son of Sir George Ogilvie of Dunlugas, who married Beatrix, fourth daughter of George, sixth Lord Seton, and who died in 16 17, formerly on the south wall of the chancel, now occupies the east wall of the north transept, and is accurately figured in the E. A. A. Sketch-Book. It bears a Latin inscription in Roman characters, which is surmounted by three large crescents, and the Ogilvie arms, with helmet, crest (a rock ?), and motto (Ex unguibus leonum); quarterly, ist and 4th, a crowned lion passant gardant, for Ogilvie; 2nd and 3rd, three paginoes, for Home of Fastcastle — surtout, also quarterly, ist and 4th, a lion rampant surmounted of a ribbon, for Abernethy; 2nd and 3rd, three piles, for Wishart. The inscription is as follows : — Soli Deo trino et uni Omnis honor laus et gloria Monumentum hoc Jacobo Ogvelvie de Bernes filio tertio genito domini Ge- orgii Ogvelvie a Bamff de Dunlougus mi- litis et Beatricis Seton hujus familiae filiae Georgius Ogvelvie de Carnousis frater et hseres maerens posuit. Febre violenta correptus hie apud sanguine et amicitia conjunctissimos obiit vicesimo nono Januarii Anno Domini cidiocxvii. Ex defuncti mandato et in fratris gratiam curavit ^)$> fieri.2 1 The Campbell gyrons appear with the Seton Lord Seton, is said by the family historian to and Sinclair arms upon an interesting octagonal have been experienced in all games, and to font still preserved in the church. In 1849 a have been reckoned the best falconer of his circular font (also still preserved) was dug up time. Both of these fonts are very accurately outside the church, and was found to contain engraved in the E. A. A. Sketch-Book and at several coins, hawks'-bells, etc., which are now p. 118 supra. at Gosford. As already stated, George, sixth 2 Seep. 114 supra. 780 MISSING SLABS 4. Large black marble slab (5 feet 6 inches by 4 feet 8 inches), on the west wall of the chantry chapel, with a long Latin inscription commemorat ing George, seventh Lord Seton (ob. 1585), the faithful adherent of Mary Queen of Scots, and his wife Isabel, daughter of Sir William Hamilton of Sanquhar, Lord High Treasurer of Scotland (ob. 1604). In his Lives of Scottish Writers (iii. 217), Mackenzie states that the inscription was the production of the scholarly pen of one of the younger sons of the deceased, viz., Alexander, Earl of Dunfermline and Chancellor of Scotland. It is printed in Grose's Antiquities, and an English translation, from a ms. in the possession of the Earl of Wemyss, is given in the Edinburgh edition of Maitland's House of Seton} 5. Two detached pieces of a slab, bearing a shield of arms apparently charged with four mullets (one, two, and one), between the letters ' G. L.' with a surrounding inscription in Roman letters : — ' Heir lyis George Livistone .... deceased Februar 1608.' Possibly the slab may commemorate George, son of ' John Levingtoun of Salt-cottis,' who married Beatrix, illegitimate daughter of George, fourth Lord Seton.2 11. Missing Slabs. 1. Oblong stone, 5 feet 7 inches by 2 feet 10 inches, with one of the upper corners broken off, exhibiting a floriated Cross and Calvary, without any inscription, very similar to one at Holyrood, described in a paper which I read before the Society in 185 1, and printed in the fourth volume of the ArchtBologia Scotica. I am disposed to think that this is the slab mentioned by Dr. Hill Burton as bearing ' a great cross-handled sword.' 2. Matrix of a monumental brass, 7 feet by 3^ feet, broken across the centre, dug up outside the church in 1849 ; in all probability the tombstone of either Catherine Sinclair of Hermandston, wife of William, first Lord Seton, or of Lady Janet Hepburn, widow of George, fifth Lord, who fell at Flodden, both great benefactresses of the sacred edifice, as the matrix very clearly indicated the outline of a female figure under an ornamental canopy, with a surrounding inscription. The interest of 1 See Appendix of Miscellanies. 2 Nisbet gives quite a different coat for Livingston of Saltcoats. STEWART OF CARDONALD 781 this slab was greatly enhanced by the circumstance of there being very few Scottish examples of either monumental brasses or their matrices.1 3. Oblong slab, 5 feet 7 inches by 2 feet 7 inches, with a small part of the upper portion broken off (fig. 1 below), bearing a shield of arms above a death's-head and cross-bones, and the following surrounding in scription in Roman characters : — '[Heir • lyis • James] • Stevart ¦ son ¦ to Captane ¦ James • Stevart • of • Cardonald • [quha • deceisit] • the • 18 • of • Febrvar • 1608.' The armorial bearings were, quarterly, ist and 4th, three fleurs-de-lis, for France ; 2nd and 3rd, a fess cheque, for Stewart — surtout, an escutcheon charged with a saltire engrailed, cantoned by four roses, for Lennox, between a line of oval buckles (three on each side), for Aubigny, forming the horizontal division of the principal quarters — a somewhat unusual arrangement. The individual commemorated was the son of James Stewart of Cardonald, Captain of Perth for Queen Mary, and fifth in descent from Sir Alan Stewart of Darnley, who married Catherine, daughter of William, Master of Seton, in virtue of which descent the late Mr. John Riddell considered that the interment took place in Seton church. IKHIl wjQSK^w ':^yi 'Hi HT 4. Fragment of a slab bearing a chalice, and part of a surrounding inscription in Old English characters. 1 Engraved at p. 96 supra. 782 VARIOUS INSCRIPTIONS 5. Two upper portions of a slab exhibiting a coronet of five points, which is engraved in my Scottish Heraldry, and at p. 717 supra, with the following inscription in Roman letters : — HEIR • LYES • DAME • IEANE • FLETCHER • VICEVNTESSE • OF • KINGSTON • WHO • DECEISED • [THE • ] . . . OF • AG[VST • 1 651]. The Viscountess was the only daughter of Sir George Fletcher, of the family of Saiton, and first wife of Alexander Seton, first Viscount Kingston, the gallant defender of Tantallon Castle, and the continuator of Sir Richard Maitland's House of Seton, now represented by Mr. Hay of Duns Castle. 6. Two fragments of the black marble tablet, showing eight or nine letters of the Latin inscription in Roman characters, formerly occupying the centre of the Earl of Perth's monument already referred to. The six preceding slabs lay within the chancel. The three following, each measuring about 6 feet by 2J feet, were near the entrance to the church, between the two transepts, and are distinctly indicated in one of Billings' engravings : — 7. An ornamental shield (fig. 2, p. 781), charged with three crescents, between the letters 'I. S.' and a surrounding inscription, commencing ' heir • lyis • iohne • seton.' The lower portion of the slab was broken off, and the remainder of the inscription illegible, with the exception of the two words ' Margaret' and 'August.' 8. Impaled shield (fig. 1, p. 78s). Dexter, three crescents. Sinister, a bend charged with three roses or cinquefoils — on a chief, two (three?) mullets. Inscription. — ' heir • lyis • david • seton • merchant • bvrges • of • EDINBVRGH • SPOVS • TO • IEIN • BRAND • QVHA • DECEISED • IN • VINTON • THE ¦ 22 • DAY • OF • IVLIE • 1632.' Brand of Baberton, sprung from a merchant burgess of Edinburgh, bore a bend charged with three mascles, and three spur rowels (or mullets) on a chief. 9. Another impaled shield (fig. 2, p. 783). Dexter, three crescents. Sinister, three roses or cinquefoils. Inscription. — ' heir • lyis . . . (corner of slab broken off) alisone • MORTANE • QVHA • DECEISIT • IN • SETON . . . MBER • 1604.' I can find no blazon for the surname of Morton corresponding with the sinister impalement in this escutcheon. Beside these three slabs was a fourth, without any arms or inscription, which was said to be the tombstone of the mother of General Don, Governor of Gibraltar, who died about the end of last century, and who was the last person buried in Seton Church till the interment of the late Countess of Wemyss in 1882. DETACHED SCULPTURINGS 783 hi. Detached Sculptured Stones. 1. Block, about 4 feet by 2 feet, exhibiting a shield surmounted by a coronet, quarterly, ist and 4th, a saltire, with a label in chief, for Maxwell; 2nd and 3rd, three hedgehogs or hurcheons (French, he'rissons), for Herries.1 I am not quite clear as to the raison-d 'itre of this armorial stone. There were, however, at least two alliances between the Maxwells and the Setons — (1) Herbert Maxwell of Caerlaverock, first Lord Maxwell of'Herries (whose first wife was a daughter of Sir Herbert Herries of Terregles), married, secondly, Catherine, daughter of William, Master of Seton, widow of Sir Alan Stewart of Darnley, and mother of John, first Earl of Lennox;2 (2) Elizabeth, daughter of John, seventh Lord Herries, was the second wife of George, third Earl of Winton. 2. Broken block, about 3 feet long and 1 foot high, with the letters ' G. S.' and ' A. H.' — probably George Seton, third Earl of Winton, the 'magnificent builder' of Winton House, and his first wife Lady Anna 1 See Seton's Scottish Heraldry, p. 73 and Plate ii. 2 See p. 99 supra. 784 UNIQUE HAGIOSCOPE Hay, daughter of Francis, eighth Earl of Errol — arranged as a monogram, in high relief. 3. Small block, bearing the same initials (?) within a triangular device. 4. Mutilated slab, 4 feet 7 inches by 3 feet 4 inches, exhibiting the Winton arms, with mottoes and all the exterior ornaments, finely carved, said to have formerly surmounted the principal entrance to Seton Palace, engraved at p. 742 supra. 5. Fragment (a thigh ?) of a mailed figure. With regard to the incompleted spire of Seton Church, we have seen that the widow of the fifth Lord ' biggit the stepill to ane grit hicht, sua that it wantis lytill of compleiting.' Of course, it may have been finished at a subsequent date, but the general impression of architects and other competent judges appears to be against that view. Again, with respect to the nave, Mr. Muir states that 'the west elevation shows a purposed nave, but no part of it has ever been added.' Not many years ago, in the course of certain drainage operations in the immediate neighbourhood of the church, the unmistakable foundations of a nave were brought to light ; and after a careful measurement it was found that their dimensions are almost identical with those of the choir. Looking, therefore, to the injury which the edifice more than once sustained from the attacks of English invaders, it is probable that, at one time, a geometrical cruciform church may have existed in its entirety. The hagioscope, or ' squint,' is a very curious feature. In the introduction to his Ancient Scottish Churches, Mr. Muir refers to only two Scottish examples of a hagioscope, viz., at Seton and Holy Trinity, Edinburgh — sacrilegiously levelled to the ground to make way for the North British Railway ! — so that the Seton example is probably now unique. While residing at Port Seton in 1851, I one day happened to find my way into the chancel while a couple of masons were engaged in repairing some portions of the inside walls, and was just in time to prevent them from filling up the open space constituting the hagioscope, which they innocently regarded as a hole in the wall. It is pleasant to be able to add that the south transept is no longer used as a ' carpenter's shop,' and that the win dows of the church are not now 'blocked' as in 1848, the mullions and other tracery having been successfully restored and glazed, as already stated. No serious objection can be offered to the removal of the two mural monu ments formerly in the chancel, where the recumbent effigies of the fourth Lord Seton and his lady still rest in peace. Indeed, their removal was abso lutely necessary, in order to carry out the due restoration of the windows. A very interesting heraldic memorial, already referred to, presents itself on the outside of the south wall of the chancel, over the ' priests' door ' mentioned by Mr. Muir. It is fully described by Nisbet, as follows, in a manuscript transcribed into one of Robert Mylne's genealogical volumes in the Advocates' Library, which is printed in Mr. Sharpe's edition of the House of Seton : — ' On a stone over ye south-east door of that chapell, she OLD CHURCH BELL, ETC. 785 (Catherine Sinclair of Herdmanston) placed ye armes of her husband, William, first Lord Setoun, which are yet to be seen, viz., 3 crescents within a double tressure. The shield is couche by ye sinister chiefe, and yron a closs syde standing helmet, adorned with a ducall croun (conforme to qch Mr. Nisbet has placed the lyke croun upon ye helmet of ye present Earle Georges atchievement), yrout of for crest, a crescent betuixt two plums of feathers, or tuo branches of palntes, or else tuo wings : tuo beasts supporting ye casque, whither mertricks or lyons I cannot be positive, ye stone being worne by time and weather, but they probablie conclude that ye crest is a crescent, betuixt tuo plums of feathers, and ye supporters mertricks, because his grandchild's armes is so distinctly adorned on ye rooff of the house of Seton ; on ye dexter corner of that stone is her oun armes, viz., a cross ingrailed for Sinclair.' Since the learned herald wrote, ' time and weather ' have continued to tell upon the condition of the tablet,1 but some of the figures which he describes may still be deciphered. Not far from the tablet, on one of the buttresses of the church, is an impaled shield, bearing on the dexter side the paternal coat of Seton ; and on the sinister three mullets within a double tressure for Murray — and probably commemorating Sir Alexander Seton and his wife Margaret, daughter of William Murray, Captain of Edinburgh Castle.2 The coat of Seton (three crescents within a royal tressure) occurs both inside and outside the church, while a small shield on the ceiling of the chancel is charged with a rampant lion. The curious old Bell,3 forged in Holland, was long suspended in the tower of Tranent Parish Church, from which it was removed to Gosford about twenty years ago, and afterwards replaced in its original position in the tower of Seton Church. Besides the arms and name of ' George (seventh) Lord Seton ' and two small classical groups, it bears the follow ing Dutch inscription : — ' Iacop eis mynen naem ghegoten van Adriaen Steylaert int iaer mccccclxxvii.' Closely adjoining Seton Church, to the westward, is the ' Priest's Well,' in which a quaint smoking pipe of malleable iron, and a small flat glass bottle, along with two larger ones of the same shape (now at Gosford), were found in 1851, at a depth of forty feet, by Robert Kellie, mason, from whom I received the pipe and small bottle more than ten years after their discovery. Engraved at p. 94 supra. 2 Engraved at p. 88 supra. 5G Engraved at p. 770 supra. 786 BURIALS IN SETON CHURCH The following list of persons buried in the Church is chiefly compiled from Sir Richard Maitland's Chronicle, and is, of course, far from com plete : — Sir Alexander Seton, Governor of Berwick, ob. cir. 1365. Sir Alexander Seton, his son and successor, ob. cir. 1385. Catherine Sinclair, wife of William, first Lord Seton.1 John, second Lord Seton, ob. cir. 1435 (aisle on south side). John, Master of Seton, eldest son of George, third Lord,2 ob. ante 1465. George, fourth Lord Seton, ob. 1508 (choir at high altar end). George, fifth Lord Seton, ob. 15 13 (beside his father, the fourth Lord). George, sixth Lord Seton, ob. 1549 (beside his father, the fifth Lord). Lady Janet Hepburn, widow of fifth Lord, ob. 1558 (beside her husband). George, seventh Lord Seton, ob. 8th January 1584-5, at. 55. Isabel Hamilton, his widow, ob. 12th November 1606. Robert, first Earl of Winton, ob. 24th March 1603. Seton, spouse of Alison Morton, ob. 1604. James Stewart, son of Captain James Stewart of Cardonald, ob. 18th February 1608. George Livingstone, ob. February 1608. Robert, second Earl of Winton, ob. c. 1635. James Drummond, first Earl of Perth, ob. 161 1. Lady Isabel Seton, his wife. James Ogilvie of Birnes, son of Sir George Ogilvie of Dunlugas, and husband of Beatrix, fourth daughter of George, sixth Lord Seton, ob. 29th January 16 17. David Seton, merchant, burgess of Edinburgh, ob. 22nd July 1632. John Seton. (The shield of arms indicates the seventeenth century.) Sir John Seton of Barns, Knight of the Royal Spanish Order of St. Jago. Sir William Seton, Master of the Posts of Scotland, ob. 1634. (The two last were younger sons of George, seventh Lord Seton.) Sir John Seton of St. Germains, fifth son of the first Earl of Winton, ob. July 1638. George, Lord Seton, eldest son of George, third Earl of Winton, ob. 1648, at. 35. George, third Earl of Winton, ob. 17th December 1650, at. 65. Jean Fletcher, first wife of Alexander Seton, first Viscount Kingston, — ob. August 1 65 1.8 1 William, first Lord Seton, died cir. March 2 George, third Lord Seton, who died c. 15th 1409 and was buried in the 'Cordelere (Fran- July 1478, was buried in 'the place of the Blak ciscan) Freires ' at Haddington, whose site is freiris of Edinburgh.' — Maitland's House of supposed to be now occupied by the present Seton, p. 34. parish church, usually called Lucerna Laudonia, 3 The coronet on her monumental slab is or the ' Lamp of Lothian.' engraved at p. 717 supra. MISS MATTY SETON 787 Sir William Seton of Kyllesmure, son of Sir William Seton supra, also Master of the Posts of Scotland, ob. 1662. Sir Robert Seton of Windygoul, Knight Baronet, sixth son of third Earl of Winton, ob. 167 1. George, fourth Earl of Winton, ob. 6th March 1704 (whose coffin- plate, formerly the property of Charles Kirkpatrick Sharpe, is now in the possession of the Earl of Eglinton).1 From the Scots Magazine for 1750 we learn that Miss Matty Seton, daughter of the deceased George Seton, Esq., representative of the Earl of Dunfermline, was buried in Seton Church on the 8th of December of that year ; and the following lines, relative to the interment, from the pen of Hamilton of Bangour, appear in the same publication : — ' In these once hallowed walls' neglected shade, Sacred to piety and to the dead, Where the long line of Seton's race repose, Whose tombs to valour or to wisdom rose ; Tho' now a thankless age to slavery prone, Past fame despising, careless of its own, Records no more, each public virtue fled, Who wisely counselled or who bravely bled ; Tho' here the warrior shield is hung no more, But every violated trophy tore — Heaven's praise, man's honour, share one shameful lot, God and His image both alike forgot ; To this sweet maid a kindred place is due, Her earth shall consecrate these walls anew ; And where we now perform our mournful part, May still be seen the pilgrims of the heart.'2 1 George, fifth and last Earl of Winton, at tainted 17 16, died at Rome in 1749, at- 7°) but the place of his burial has not been ascertained. See pp. 272 and 279 supra. 2 In the Poems of Hamilton of Bangour, pub lished in 1760, the two concluding lines (after ' these walls anew ') are — ' The muse, that listens to desert alone, Snatches from Fate, and seals thee for her own,' and in the Scots Magazine, after the words 'pilgrims of the heart, six additional lines are given. 788 SETON PALACE II. Seton Palace ' The Halls of my fathers — where are they ? Echo answers, " Where ? " ' Of this magnificent structure, which was regarded as the most princely Scottish mansion of the sixteenth and seventeenth centuries, scarcely a fragment now remains. Brief notices of the Palace occur in the Family Chronicle, in Grose's Antiquities, and in Macky's Journey through Scot land, published in 1723 ; and fortunately excellent drawings of the grand old pile made by Clerk of Eldin about 1790, and subsequently engraved by the Bannatyne Club, besides two views by Grose (one in 1 789, and the other many years previously), and a sketch by William Foster in 1759, reproduced by Macgibbon and Ross, furnish a very fair idea of what was long the 'glory of the Lothians.' A castle of the Lords Seton had for centuries occupied the same site, and more than once suffered from fire, in the course of attacks by the English — the northern and oldest portion of the stronghold having been greatly destroyed in Hertford's invasion in 1544. A considerable part of the later structure was erected by George, seventh Lord Seton, Queen Mary's devoted adherent. From about the middle of the sixteenth century the term Palace was invariably applied to the mansion, in consequence of the frequent residence of royalty within its hospitable walls. As we have already seen, Queen Mary was a frequent visitor, while James vi., Charles 1., and Charles 11., were also at Seton on various occasions ; and during the visit of one of these monarchs a number of knights were ' dubbed.' From the following entry in the Lord High Treasurer's Accounts, edited by Dr. Thomas Dickson, it would appear that James iv. was at Seton in 1498 : — ' Item, the viij day of Maij, payit to Martin Bailze, that he laid doune, be the Kingis command, in Setoune, to the women that met the King and sang, that time he passit to Dunbar .... xviij s.' Doubtless other earlier Kings of Scotland found their way to Seton, although no record of their visits appears to have been preserved. In many respects Seton Palace resembled the style of Winton House (to be afterwards noticed), and other buildings of the seventeenth century, in which the features of the Elizabethan architecture of the South gradually displayed themselves. The following extract from Macky's Journey gives some idea of the extent and splendour of the edifice towards the beginning of the eighteenth century : — ' The Palace of Seton stands in the middle of a PICTURES AND FURNITURE 789 large plantation of trees, of at least twelve acres, with a large garden to the south and another to the north. The House consists of three large fronts of freestone, and in the middle is a triangular court. The front to the south east hath a very noble apartment of a Hall, a Drawing-room, a handsome parlour, bed-chamber, dressing-room, and closet. This apartment seems to have been built in the reign of Mary Queen of Scots ; for on the cieling of the great Hall are plaistered the arms of Scotland, with the arms of France, on one hand, and those of Francis the Second, then Dauphin, with his consort Queen Mary, in one escutcheon on the other ; the arms of Hamilton, Duke of Chateauherault, with several other noblemen's arms and supporters, with the French Order of St. Michael round them. The front to the north seems to be a much older building than this. The apartments of state are on the second storey, and very spacious ; three great rooms, at least forty feet high, which they say were finely furnished ever since Mary Queen of Scots, on her return from France, kept her Court there ; also two large galleries, that were filled with pictures ; but on my Lord Winton's forfeiture, all these were sold by the Commissioners of Inquiry, or stolen by the servants ; and now there is not a whole window on that side of the House. The third front is full of good lodging rooms, but all out of order. At every angle of the House, and on each side of the gate, are handsome towers. ' There are a great many offices in the outer courts, and a handsome church or chapel, where are some old marble monuments. The situation of this Palace is very fine, in the middle of an estate of 5000 pounds sterling a year, and the three touns of Cockeny, Tranent, and Long Nidry, where the tenants live, each within half a mile of his seat ; and the whole estate he could see from his windows ; yet this Earl would throw himself into the Rebellion, and forfeit all. ' About two miles from Seton is another palace called Winton, a more modern and fashionable building, yet entirely out of repair, though the gardens, which are very spacious, are very well kept ; the York Buildings' Company, who purchased the forfeited estates, having let them to a gardener ; but the house is too big for any family, and must fall down. ' The family of the Setons is one of the noblest families in the kingdom ; there being few families of any antiquity but are either come of them, or are allied to them. They were great opposers of the Reformation, and all Revolutions since. They always lean on the Popish side, although most of them professed themselves Protestant. They are also very ancient. Shakespeare in his tragedy of " Macbeth " brings in the Lord Seton ; but that I take to be no authority. . . . ' The fine furniture of crimson velvet, laced with gold (the Seton livery), in the great apartments, was sold by the Commissioners of Inquiry but the other day. The great-grandson to the third Earl was tried and condemned at London for the Rebellion at Preston, and forfeited honours and estate.'1 1 See also Fynes Moryson's Itinerary (1598), Travels (1636), in Hume Brown's Early Travel- and Sir William Brereton's Account of his lers in Scotland, pp. 82 and 136. 790 ARMORIAL BEARINGS Reference is made in the preceding passage to the armorial bearings in the great hall of Seton Palace, of which Nisbet gives a detailed account. In the first volume of his System of Heraldry he says of George, seventh Lord Seton, that ' on the great Hall of the House of Seton his arms are yet to be seen, quartered with those of the Earldom of Buchan, surrounded with the collar of the Order of the Thistle, with the badge of St. Andrew pendent : which, with the Sovereign's, are to be seen finely carved on the boxing of the chimney of that magnificent hall. He likewise repaired the fore part of the House of Seton, and especially that room called " Samson's Hall," which he adorned with a roof of a curious structure, whereupon are twenty-eight large achievements, being those of Scotland, France, Lorraine, and the noble families that were allied with his family, curiously embossed and illuminated, and are the most exact pieces of armories to be met with.' In his smaller work on the Ancient and Modern Use of Armories, published in 17 18, the same writer speaks of these twenty-eight achievements as being ' curiously embossed and illuminated in the year 1524 1 (?) by the order of George, seventh Lord Seton, a noble and eminent patriot for his Sovereign and country in the worst of times,' whose own special bearings he fully describes as being ' dimidiat with those of his Lady, Isobel Hamilton.' Lastly, in his ms. in the Advocates' Library, already referred to, he specifies the various coats as being ' the atchievements of King James ye 5, impaled with his Queen's ; Queen Marie's impaled with France ; the Duke of Guise ; Hamilton, Earle of Arran, Duke of Chatelrault ; Earle of Angus, now Marquis of Douglas ; Earle of Argyle ; Earle of Huntly, y* of his grandfather's impaled with his grandmother's, y* of his father's impaled with his mother's ; his oun, with this inscriptione, "George, Lord Seton, 5th of y* name, aged 29, 1562, caused me to be made"; Maitland of Ledingtoun; Forrester of Corstorphine ; Preston of Craigmiller; Lauder of Bass; Setoun of Carriston, Johnston of Elphing- ston, Stewart of Craighall, Dundas of y* ilk, and many others, all curiously done, with yr helmets, crests, supporters, collars of ye Orders of several Knighthoods, and other marks of dignities and offices, of which more particularly in another place shall be fully spoke to — the armes of his lady as on the forsd hall ; gules, 3 cinquefoils argent, within a double tressure or, impaled with those of her husband ; supporter on the dexter being a martricks, and y* on ye sinister a man in a priestly habit.' Nisbet further mentions, in his Essay on Armories, already referred to, that Lady Janet Hepburn, widow of George, fifth Lord Seton, 'above the gate of Seton House caused cut on a large stone her husband's arms with her own, by way of an entire impalement.'2 De Foe, in his Tour through Great Britain? says : ' I must here add the antient and noble Houses of Seton and Winton, both palaces (for so 1 This date is clearly a mistake, as the seventh engraved in my Convent of St. Catherine of Lord was only born in 1533. It is correctly Sienna, and at p. 116 supra. given in the subsequent extract. 2 This impaled coat occurs on her seal, as 3 Vol. iv. (Scotland), p. 79. ADDITIONS AND ALTERATIONS 791 they deserved to be called) of the late Earl of Winton, who did so many weak and rash things in the affair of the Rebellion in 1715. They are now in a state of ruin, as is the estate on which they stand ; which, for its value, is as fine as any in Scotland, lying all contiguous with itself, and valued at almost ^5000 sterling per annum ; but all being under forfeiture it was sold to the York Buildings' Company. The fine gates and stone wall were demolished by the Government, after it had been made a garrison by the Highlanders, who from hence began their hair-brained march to England, which expedition ended at Preston.' From Sir Richard Maitland's Chronicle and Lord Kingston's Con tinuation we gather sundry pieces of information relative to the construction of the Palace of Seton. George, fifth Lord Seton, who fell at Flodden, ' compleitit the jammy 1 house (projecting addition) of Seytoun fra the first jaistis vp (quhilk was fundit and biggit vp tua hous hicht affoir be Lord Johne — 2d Lord — his forgrandschir (great-grandfather)) and rasitf the turngreis 2 (winding- stair) thereof, and reparit all the haill grit dungeon ' ; while his widow, Lady Janet Hepburn, ' biggit the foirwerk of Seytoun, aboue the yet ' (gate).In the time of George, sixth Lord, ' the Inglismen, efter the burning of Edinburgh and Leyth, come and lay in Seytoun, and brint and destroyit the castell and place thairof.' His son George, seventh Lord Seton — Queen Mary's adherent — ' biggit ane grit dyk and wall of stane about the yarde and grit orcheart of Seytoun ; and als biggit ane pretty hous vpon the gardin syd thairof, besouth the grit tour, and reparallet the foir werk thairof, brint be the Inglismen. In this Lords time, vpon the 16 day of Februar, the zeir of God 1561 yeiris, the grit dungeoun of the auld tour of Setoun fell to the ground, but as God wald haue it, it did no bodie harme. The caus of the fallin thairof was be reason it was verie auld, and also thair was sindrie translatiouns maid into it, and especially in the ground, quhilk was not sa good as the rest of the wark. This Lord George biggit the great new hous south frae the said great tour, vpon the syde of the gairding. He biggit also the great stane dyk with stane and lyme, about the zaird and orchaird thairof. . . . From the south side of the dungeon he built the great quarter of the hall ; and he built all the dykes from the old entry down to the links, over the banke. . . . To shew the loyalltie of himselfe and his family, he caused carve in stone, in great guilded letters, above the great doore to the entry of that quarter he built, and other iminent places of the house, this inscription in French : UN DIEU, UN FOY, UN ROY, UN LOY.' 3 About the same period ' the grit tour of Setoun and the jammy hous 1 Fr.Jambe, a corbel or pier. (erroneously called 'Alexander') was 'one of the 2 Fr. tourner, to turn, and gre, contr. from greatest builders in that age ; and at that very degre", pi. degrez, steps. time — 1584 — had the King's master of worke 3 See p. 165 supra. In the Memorie of the at Setoune, building that large quarter of his Somervilles it is stated that this Lord Seton palace towards the north-east.' 792 YORK BUILDINGS' COMPANY thairof was appreallit (embellished?) and mendit be Sir Williame Hamiltoun, father-in-law of the said Lord George, better nor euer it was befoir the said burning.' George, third Earl of Winton, built, in 1630, two quarters of the house of Seton, ' beginning at Wallace's tower att the east end thareof, which was all burnt by the English, and continued the building till Jacob's tower, on the north syde of the house. By reason his predecessors were great enemies, and very active in the warrs against the English, the house having been three tymes burnt by them, he caused carve, in fine stone, upon the frontispice of his new building, a crown, supported by two roses and the thristell, being the conicenses (cognizances) of the two Kingdomes of England and Scotland ; and the emblame enegmatically signifying the Union of the two Kingdomes. Under this embleme he caused carve and sett out in gold letters this verse : — UNIO NUNC FATIS, STOQUE CADOQUE TUIS.' Grose, in his notice of Seton Palace, states that ' a castle or mansion is said to have stood hereabouts from a very distant period. . . . The eastern end of the building seems rather older than the rest, and is not in a line with it, but forms a very obtuse angle. The whole, both mansion and church, are enclosed with an outer wall, defended by towers pierced with loop-holes for musquetry. In the year 1715a party of the rebels made Seton House a garrison for some time, and when they abandoned it, it was occupied by the King's troops. The Rev. Mr. Robert Patten, who relates the circumstance, calls it "an ancient castle, very large, encompassed with a very high stone wall, but no ditch." . . . This magnificent edifice has stood empty for many years, except that some common tradesmen occupied a corner of it about twenty-six years ago. The sole use to which it is now put is that of a storehouse for the fruit and potatoes raised by the gardener who occupies the grounds.' As we have already seen, the Winton estates were forfeited in 17 16, and three years afterwards they were purchased from the Government by the York Buildings' Company. In 1732, owing to the embarrassment of its affairs, the Company executed a trust-deed in favour of certain creditors; and in 1777 the whole of their Scotch estates were sequestrated. On the 6th of August in that year, Alexander Mackenzie, Writer to the Signet (afterwards of Portmore, co. Peebles), was appointed ' common agent ' — his brother-in-law, Mr. Elphinstone, formerly 'factor' on the sequestrated estates, when he became Sheriff of Aberdeenshire, having been succeeded as factor by Mr. Buchan Hepburn, Advocate. In February 1779 the Winton estates were sold in Edinburgh, by Act of Parliament, in the presence of Lord Monboddo, a ' Senator of the College of Justice,' when both Mackenzie and Buchan Hepburn made purchases, the two first lots — embracing Seton Palace — being bought by Mackenzie. In 1784 a lengthened litigation was commenced, at the instance of the creditors of the York Buildings' Company, against the common agent, DEMOLITION OF SETON PALACE 793 in the shape of a Summons of Reduction, Declarator, and Damages, which, after passing through the Court of Session, was carried to the House of Lords; and in May 1795 that tribunal reversed the judgment of the inferior Court (which sustained the sale), and found that 'the common agent in ranking is disqualified from purchasing at the judicial sale carried on under his direction.' The appellants' case embraced other reasons for reversal, involving incapacity, misconduct, want of bona fides, fraud, com bination, and damage, which do not appear to have been established. Meanwhile, unfortunately, the grand old palace — the ' glory of the Lothians ' — had been entirely demolished by Mackenzie. One of his witnesses — Adam Russell, mason and housebuilder in Edinburgh — deponed that he and his brother entered into a contract with Mackenzie, in November 1789, relative to the building of a house at Seton, and that they began to pull down the ruins of the palace a month or two after the contract was executed. In speaking of the disappearance of the venerable pile, Mr. Riddell, in his printed ' Case ' for the thirteenth Earl of Eglinton, claiming the Winton titles, makes the following remarks : — ' The Palace of Seton, the abode of Queen Mary and of so many kings, with its magnificent Samson's Hall, and chivalrous and heraldic glories, all (saving the vener able chapel, which still stands) were levelled to the dust by a barbarous Celt, the purchaser of the former — who, however, was forced afterwards to disgorge his illegal gains, and who erected in their room a hideous structure, only fit for barracks, to which use it actually came to be destined — which, it has been justly said, would have been prevented had the palace and neighbouring lands been first acquired by its present noble possessor, the Earl of Wemyss, from his "acknowledged good taste," — besides being a Seton by female descent.' Upwards of forty years ago, on the occasion of a visit to Seton, I was told by a residenter whose ' forebears ' had long lived in the locality, that after Mackenzie had demolished the palace, an old woman, who resided in the immediate neighbourhood, indignantly declared that he would never ' raise reek ' in his new house ; and it is to be hoped that she survived to witness the fulfilment of her prediction. In a subsequent Appendix will be found details of the sales and litiga tion, etc., embracing notices of the timber on the estate sold to various purchasers, which I compiled from the ' Session Papers ' (Arniston Collec tion, vol. clxxxvii.) many years ago. A few interesting remnants in the immediate neighbourhood of Seton have still to be noticed. Among a number of excellent photographs kindly given to me, in 1888, by Mr. W. B. Dunlop, then lessee of Seton Castle, is a view of a ruinous fragment of an old wall with two small window spaces, a little to the west of the castle, which I incline to think formed a part of the Dungeon already referred to, of which an engraving will be found under the notice of George, seventh Lord Seton. In their chapter on Scottish sun-dials,1 Messrs. Macgibbon and Ross give three excellent 1 Castellated and Domestic Architecture of Scotland, v. 384. SH 794 SETON CASTLE cuts of the Dial on a bastion tower in the old garden wall. But probably the most interesting portion of the ancient walls and abutments which still encircle the site of the ancient palace is the Roundle at the south-west corner of the old garden wall, in which James the Sixth was ' graciously pleased to rest himselfe,' on his journey to London, in 1603, to take possession of the English Crown, when he happened to encounter the funeral cortege of the first Earl of Winton. The view of the roundle at page 217 supra is from an accurate drawing made, in 1824, by the late Mr. J. G. Wood, Writer to the Signet, and engraved, at my suggestion, in Ballingall's Edinburgh Past and Present. Both the roundle and the adjoining road were slightly altered when the North British Railway was constructed in 1 845 ; and but for the judicious intervention of the grand father of the present Lord Wemyss, the quaint historical memorial might have been entirely swept away. The present ' Seton Castle,' in the English Baronial style, is from a design by John Adam (one of the four sons of the celebrated William Adam) ; and from its comparatively elevated position it commands a magni ficent view of Arthur's Seat, Calton Hill, and the spires of the Scottish Metropolis, as well as of the greater portion of the southern shores of the ' Kingdom ' of Fife. A few fine trees still linger around the ancient church and modern castle, and help to recall the pristine grandeur of the princely place. MONOGRAM AT WINTON. WINTON HOUSE 795 III. Winton House ' The oaken wainscot richly graced With gay festoons of mimic flowers, The armorial bearings, now defaced, All speak of proud and long past hours. The ceiling quaintly carved and groined, With pendent pediments reversed, A bygone age recalls to mind, Whose glories song hath oft rehearsed.' Barton. In speaking of the great advance in Scottish baronial architecture between the Reformation and the Restoration, Burton says : — ' The French style of tall round towers or turrets with conical tops prevailed. In some instances the old square tower was surmounted with turrets and other decorations, and many dwellings were wholly built in the style of Chantilly and other great French chateaux. Of these there are fine specimens in Winton, Pinkie, Glammis, Fyvie, Castle Fraser, Craigievar, and Crathes n — three of the seven examples being the work of Setons. Pinkie and Winton are cited by the authors of the Architecture of Scotland as good examples of the gradual influence of English taste, 'the former being a mixture of Scotch and English features, while the latter is almost entirely English in feeling and detail.' Sir Richard Maitland's earliest mention of Winton House is under his notice of George, fourth Lord Seton, who waged war against the Flemings, and who died in 1508, of whom he says : — ' He biggit the haill place of Wintoun, wyth the yard and garding thairof. In the quhilk gardin I haue sein fyve scoir torris of tymber, about the knottis of the flouris ; ilk ane twa cubite of hicht, haveand tua knoppis (knobs) on the heid, ane aboue ane vther, als grit everilk ane as an row-boull, overgilt with gold ; and the schankis thairof paintit with dyuers hewis of oylie colouris.' In his ' Continuation ' of the family chronicle, Lord Kingston, speaking of the present mansion, states that George, tenth Lord Seton, and third Earl of Wintoun, ' built the house of Wintone, being burnt by the English of old, and the policy thereof destroyed, in anno 1620: he founded and built the great house from the foundation, with all the lairge stone dykes about the precinct, park, orchard, and gardens thereof.' The existing House of Winton — about a mile from Pencaitland, and History of Scotland, vii. 365. 796 DESCRIPTION OF THE FABRIC twelve miles south-east of Edinburgh — is situated on the edge of a steep bank sloping down to the valley of the river Tyne, and is generally supposed to have been taken by Sir Walter Scott as his model for Ravens- wood in the Bride of Lammermoor. During the present century con siderable additions have been made to the north and west sides of the house, which by no means improve the general effect of the fabric ; but fortunately they are not high enough entirely to conceal the most striking features of a very fine specimen of a Scottish mansion of the seventeenth century. ' The south front is very plain. ... At a later time the north and east fronts, and parts of the west front, were enriched and added to, while the south front, although heightened, was otherwise left in very much its original condition. The evidence of the staircase towers, and the orna mental windows and chimney-stacks of the north and east fronts, being insertions and additions to the existing house is very obvious. The late Mr. David Rhind, architect, in the Transactions of the Architectural Institute of Scotland, 185 1-2, expresses an opinion that the house stood unfinished for some time at the height of two stories, and that when it was resumed, it was continued in a more elaborate manner. . . . The main portion of the house is an oblong, measuring about 79 feet long from east to west, by about 3 1 feet in width, with a wing at the north-east corner about 25 feet square, having a turret staircase in the re-entering angle. These portions appear to have formed the original house, which was thus con structed on the old L plan. In connection with the later extensions, there was added, at the north-west angle, a large staircase tower about 1 7 feet square. . . . The staircase in this tower ceases as usual at the first floor level, and is continued in an angle turret, the tower itself becoming avail able for bedrooms. The wall of the south front extended westwards of the west gable. . . . The building is three stories high towards the north, but owing to the slope of the ground to the south, an additional basement story is gained in the main block, in which are situated the kitchen and offices entering from the south, and communicating with the first floor by a straight flight of steps. ' The principal entrance doorway was almost certainly in the large stair case tower at the north-west angle. This staircase led on the first floor into the present drawing-room, which was then the Hall. The room to the east of this, now called " King Charles's Room " (which has access by a separate staircase) was probably the drawing-room, and the room to the north of it the owner's private room. . . . The upper floors consist of bed rooms entering off a passage or corridor running along the north side. These have been modernised, but the old panelled plaster ceilings are in many cases preserved. Most of the interior, with the exception of the drawing-room and King Charles's Room, has also been modernised. . . . The fine plaster ceilings and ornamental fireplaces are characteristic of the time of James i.'1 1 Macgibbon and Ross, Castellated and Domestic Architecture of Scotland, ii. 520 et seq. THE SUPPOSED ARCHITECT 797 The late Dr. David Laing, while examining various official records, found a notice which seemed to leave no doubt that Winton House was designed and built by William Wallace, who was appointed King's Master Mason for Scotland in 1617, and died in 1631. In a paper read before the Architectural Institute of Scotland in 185 1 Dr. Laing says : — ' The" house of Winton may have contributed, through the recommendation of Mr. Robert Balcanquall, then minister of Tranent, to his brother Dr. Balcan- quall (Dean of Rochester), along with Wallace's established character, and the personal knowledge of his fellow-citizens in Edinburgh, to his being employed in the erection of Heriot's Hospital,' which was begun in 1628. The following extract from the Register of Confirmed Testaments, 12th sSaWat BBSf1 /\»«<5-' KkSbM li ;i7.":''77i WW li ii 1 i„':'.| December 1632, is believed to be the notice on which Dr. Laing founds his conclusion that Wallace designed Winton House : — ' Item : Thair was awin to the said umquhill William Wallace be George Earle of Wintoun, in acknowledgment of his panes in his Lordship's works, conforme to his Lordship's tiket, subscrivit with his hand, the sowme of 500 merkis, quhilk sowme of 500 merkis is upliftit sen the Defunctis deceas be Nicoll Adwart, baillie, and as yit is in his handis and custodie. Item : Be his Majistie's Thesaurer for the Defunctis fees as Master Massone to his Majistie, and 798 THE 'WALLACE TOWER' for his leveray clothes due, to be pait be his Majistie's Thesaurer and Ressareris, the last of October 1631, 330 merkis.'1 * The manner of slating adopted in the curved roof of the " Wallace Tower " is peculiar, the slates being cut into patterns, in a very unusual manner. There is a high terrace wall continued eastwards from the house, a few feet in advance of the south front, ornamented on the top with an open arcaded parapet, of the same design as that round the top of the " Square Tower," and otherwise the wall is enriched on the face with coats of arms, etc. Stairs descend from the terrace to the lower grounds, and there are indications that the ornamental pleasure-grounds were at one time of considerable extent. . . . Although the general character of Wintoun House is Scottish, . . . the tall stone chimneys ornamented with spirals and other enrichments, and the cornice and parapet of the square tower, are strikingly English in feeling, while the octagonal angle turret and windows, with 1 Inigo Jones has been pronounced by others to have been the designer of both Heriot's Hospital and Winton House. CEILINGS AND FIREPLACES 799 entablatures surmounted with interlacing scroll-work, have rather more of a Scottish character.'1 In Billings' Antiquities of Scotland, besides a good view of the exterior of Winton House, and a woodcut of an elaborate doorway, there are two excellent engravings of the drawing-room and ' King Charles's Room,' in which the beautiful ceilings and fireplaces are admirably shown. ' The stone of which the house has been built,' says the writer of the accompanying notice, 'appears to have been peculiarly well selected. There is no appearance of" decay ; the tracery is clean and sharp, as if it were fresh from the chisel. There is no mouldering or discolourment, and while the edifice has a decided air of age, it has suffered less from the corroding influence of time than many a modern mansion in its vicinity, and seems as if it bore its years under the happy influence of the dry atmosphere of some Eastern country. The building is not in the usual style 1 Macgibbon and Ross, ii. 528. This excellent work contains several interesting engravings of Winton. 800 HERALDIC DECORATIONS of Scottish baronial architecture of the seventeenth century, which is a peculiar adaptation of the French. It follows, in the decorated chimneys and the tops of the windows, the Tudor style ; but it is quite distinguish able from that era, and is in many respects a work of original genius, that might not be unworthy of the principal planner of Heriot's Hospital. There is a peculiarly rich, lofty effect in the grouping of the stacks of columned chimneys, and the centre chimney of the group of three is distinguished from the others by a perpendicular string of leaves falling down each fluted side, in very high relief. Some additions which have been made to the building on the English baronial (omitted in the engrav ing) tend much to destroy the harmony of the old design. ' The interior is worthy of the external features. The drawing-room has a light airy effect, very different from the gloomy vaulted rooms of old Scottish houses. It has a broad, flat cornice, on which a pattern of fruit and flowers is raised with great boldness and beauty. The whole roof is covered with symmetrical mouldings in bas-relief, consisting of com partments made of angles and curves interlaced. The character is partly heraldic, partly classical, the caduceus predominating in the central orna ment. In compartments round the fireplace, and within the jambs, there are four classical groups of a sacrificial character, probably a late addition. Other two rooms on the same suite are in a corresponding style of decora tion. One of them, from being traditionally said to have been occupied by Charles i. in his visit to Scotland in 1633, is generally called King Charles's Room.' Among the heraldic decorations, on the ceilings, are the letters C. R. (Carolus Rex), the royal arms of Scotland and England — the unicorn being the dexter supporter — the Scottish crest (a lion sejant), crowns, sceptres, thistles, roses, fleurs-de-lis, Prince of Wales's feathers, coronets, interlaced crescents, and other figures. In the centre of the drawing-room mantel piece is the monogram of the builder and his wife — George Seton and Anne Hay — surmounted by an Earl's coronet, below a dragon, the family crest, and engraved at p. 794. In the wall of the upper terrace is an elaborate stone panel, exhibiting the royal arms and the legend 'James 1., King of Britain, France, and Ireland,' which is said to have surmounted the original entrance to the mansion. The lands of Winton were sold by the York Buildings' Company to Hamilton of Pencaitland, and ' Winton Castle,' as it is now generally called, became the manor-house of the combined estates. The alterations and additions already referred to were made by Colonel Hamilton, under the management of Mr. William Burn, architect, the entrance being changed from its former position adjoining the present kitchen-door. The existing terraces were the work of Lord and Lady Ruthven, by whom also the old village of Winton, formerly in the centre of the park, was entirely removed. Colonel Hamilton was succeeded in the ownership of Winton by his sister, Mrs. Hamilton Campbell of Shawfield, mother of the late SCULPTURED SHIELDS OF ARMS 801 Lady Ruthven (widow of the fifth Lord Ruthven), of whom there is an interesting memorial in the ' Winton aisle ' of Pencaitland Church. The present proprietor of Winton is Mrs. Nisbet- Hamilton-Ogilvy of Belhaven, Dirleton, etc., who, a few years ago, succeeded to the estate on the death, and under the will, of Lady Ruthven. Si 802 NIDDRIE CASTLE IV. Niddrie Castle ' A spectre of departed days, Yon castle gleams upon the gaze, And saddens o'er the scene so fair, And tells that ruin hath been there ; And wheresoe'er my glance is cast, It meets pale footprints of the past.' Niddrie, West Niddrie, or Niddrie-Seton, by which designation it was anciently known, to distinguish it from Niddrie-Marischal in Mid- Lothian, is situated about three miles east of Linlithgow, and in the county of the same name, near the Winchburgh Station, and can be seen for a few moments by the traveller on the rail between Edinburgh and Glasgow. It stands upon a hillock, once skirted by a burn along the north-west, (a tributary of the Almond Water). ' The building is of the L plan, and is quite empty, ruinous, and roofless. The door at the re-entering angle is protected in front by a wall of probably later con struction than the castle. It opens into a lobby giving access to the main building, which measures inside 30 feet 9 inches by 18 feet 3 inches, and leading off this is a dark vaulted chamber or dungeon in the wing, measuring 1 1 feet by 9 feet 9 inches. The dungeon is two stories high, and vaulted. The upper floor was of timber, resting on corbels, and entered from the wheel stair. It was lighted by a long narrow slit, having a shot-hole beneath. The walls are on an average 9 feet thick. A cork screw stair adjoining the door leads to the top, but the steps are nearly all gone, and the floors, which were all of timber, are wanting. The stone corbels for supporting the floors still remain. The great hall, on the first floor, had a large fireplace at the west end, but it is entirely gone. When increased accommodation was wanted at Niddrie, security from attack was evidently of greater consequence than convenient arrange ment of plan ; so, instead of extending the walls, the proprietor rather added a story or two to the already lofty keep. The building had origin ally a parapet walk round the top, the corbel table of which still remains, and the roof probably rose at once above this, as at Elphinstone, Whitting- ham, and many other places. The parapet was now raised as the wall of an additional story, and thus a feature was created which afterwards became the usual form of the upper floors of later designs. Some of the windows of this raised portion are deeply recessed and splayed outwards. They resemble in these respects the east windows of Linlithgow Palace MONOGRAMS, ETC. 803 built about 1 500. They seem to have had pointed arched pediments of a curious and unusual design.' a The stronghold is said to have been built by George, fifth Lord Seton, who fell at Flodden, and the castle and adjoining lands remained in the possession of the Seton family till the time of Charles 1., when they passed into the hands of the Hopes, ancestors of the Earls of Hopetoun. The earliest mention of Niddrie in Sir Richard Maitland's Chronicle occurs under his notice of George, sixth Lord Seton, who is said to have ' redemit the toun of Wincheburgh and certain lands in Langnethrie, wedset be his gudschir (grandfather) ; and repairalit and biggit ane grit part of the hous and place of Westnethrie. And gat in few from David Beaton, Cardinall of Sanctandrois, the lands of Kirkliston ' and others. His son, the seventh Lord, 'bought the rest of the lands of West Nidrie, and the haill reversions thereof, not conquest by his predecessors.' From the late Mr. Archibald Nimmo, of the British Linen Company Bank — an intelligent native of West Lothian — I received some informa tion relative to certain old sculptured stones formerly at Niddrie. One of these, which was removed from the castle to the adjoining garden, had disappeared in 1869; and according to the then tenant of the garden (Mr. Stevenson), it was away before he came, about ten years previously. Mr. Stevenson showed me two square stones from the castle, under a water-barrel, bearing similar monograms in relief, of which I took heel- ball rubbings. They were formerly on the highest part of the south wall, and Mr. Stevenson removed them because they were loose and threatening to fall. A nearly similar monogram still (?) occupies a pedi ment over the highest south window in the castle. It is somewhat singular that H is the initial letter of the surnames of the wives — Hepburn, Hay, and Hamilton — of the fifth, sixth, and seventh Lords Seton, who all appear to have had some connection with the construction of Niddrie Castle ; and accordingly it is more difficult than it might otherwise have been to identify the monograms. In the case of the monogram over the south window, the letter E is pretty clearly shown, and it probably relates to George, sixth Lord Seton, and his wife Elizabeth Hay. On the other hand, the water-barrel monograms, one of which is engraved at p. 172 supra, probably refer to George, seventh Lord, and Isabel Hamilton, the initial letter of Isabel being represented by the portion of the H which passes through the initial of her husband's surname (S). Mr. Nimmo also mentioned an ornamental stone bearing a sixteenth- century date (15 — ) and other lettering, in the west wall of Niddrie farm house, which was not visible in 1869, the house having been recently 'harled.' At the same date, a good specimen of a tirling-pin still sur vived on the door of the entrance to the garden. In 1869 I also saw two detached broken stones, on which the Seton 1 Macgibbon and Ross, i. 324. 804 MISSING HISTORICAL TABLET supporters — two foxes — were evidently sculptured, and which are here figured from a careful sketch made at the time. A most interesting historical inscription on an oblong stone tablet which formerly surmounted the east window of the castle, and of which a friend made a rough sketch in 1852, had also disappeared; and Mr. Stevenson knew nothing about it ! That sketch is engraved in Ballingall's Edinburgh Past and Present, and is reproduced at p. 172 supra. It will be seen that the inscription — block letters in relief — is in the following terms : — ' LORD • GEORGE • SETON • OF • HIS • AGE • 36 • 1 567,' only a year before Queen Mary's brief sojourn at Niddrie, after her escape from Loch Leven. It is painful to have to record another instance of what I can only call wanton carelessness and unworthy disregard of historical associations. According to the learned author of the article on the parish of Liber- ton, in the first volume of the Archaologia Scotica, Niddrie, in Gaelic, signifies the King's Champion — Niadh = Champion ; Ri, Riogh = K'mg, — and denotes that it once was the place of his residence. If that be the correct etymology, the West Lothian Castle of the Setons formed a most appropriate abode for the gallant protector of the unfortunate Queen of Scots. No notice of Niddrie occurs either in Grose or Billings. There is a small woodcut of the castle in the Abbotsford edition of the Waverley Novels (Abbot, v. 554), and I possess a good oil painting of the ancient stronghold by the late Mr. William Simson, R.S.A. FYVIE CASTLE 805 V. Fyvie Castle ' He hied him hame, and having spieled To the house-top o' Fyvie, He blew his trumpet loud and shrill, 'Twas heard at Mill o' Tiftie.' Aberdeenshire Ballad. A stronghold existed on the site of Fyvie Castle at least as early as the thirteenth century, but ' of the " Fywie Chastel," where Edward 1. stayed in his northern invasions in 1296 and subsequent years, nothing now remains. The tradition of the visits of the great " Hammer of the Scots " still lingers in the locality, and finds a local habitation in one of the rooms of the fifteenth-century Preston Tower, which is confidently pointed out as Edward's bedroom.' 1 The estate of Fyvie was acquired by the Prestons in 1390, and about 1440 by the Meldrums, from whom it appears to have been purchased by President Seton in 1596. Of Gaelic etymology, the name is said to be derived from Fia Chein, signifying ' Deerhill,' and there is a hill in the parish which still bears that name. Towards the very end of the fourteenth century, the ' Castel of Fivy ' was gallantly defended by the ' gud lady ' of Sir James Lindsay, cousin of Robert in., although 'assegit straitly' by her undutiful nephew, Robert de Keith, son of the Marischal. The noble existing pile is situated in the lowlands of Aberdeenshire, and occupies a strong position on the north-east bank of the Ythan, within an extensive park, containing a lake well stocked with fish, and some fine timber. While Fyvie possesses sylvan beauties and other picturesque surroundings, ' its chief attractions are archaeological, historical, legendary, and romantic. Aberdeenshire is rich in fortified baronial residences of more or less pretensions. Fyvie Castle is by far the noblest of them all. In fact, with the solitary exception of Glamis, there is nothing in Scotland that is finer in the style. Like Glamis, it has witnessed stirring events, and received many illustrious visitors under its roof; even more than Glamis, perhaps, it associates itself with Scottish history, through a long succession of proprietors from days that are lost in the mists of antiquity. Like the Castle of Glamis, it has its secret chamber ; like the Palace of The Castellated and Domestic Architecture of Scotland, ii. 355. 806 FYVIE AND MONTSABERT Holyrood, it has a " murder room," with ineffaceable blood-stains on the floor. It has its spirit that haunts the great vaulted staircase, bringing warnings of death or disaster like the Irish banshee; and signs and portents are to be sought and found in the very stones of the ancient battlements.' 1 As is well known, Fyvie Castle was mainly built by Alexander Seton, first Earl of Dunfermline and Chancellor of Scotland, who ' adhered to the old Scotch style, so as to maintain the character of the old keep, to which he added. But he could not avoid the prevailing tendency to symmetry, the principal front being arranged with the doorway in the centre, and the elevation made to balance on each side of it by repeating the form of the old keep at the other end.' 2 In my Memoir of the Chancellor, besides stating that he is believed to have called in the services of a French architect to beautify the towers of his northern abode, I venture to say that the Chateau de Montsabert, as figured in Victor Petit's sumptuous work on the Castles in the valley of the Loire, ' bears a very striking resemblance to Fyvie.' Messrs. Macgibbon and Ross, however, in referring to my remarks, state that ' on comparing that view with Fyvie, they could not detect the similarity of design.' In order to satisfy them selves on the subject, the accomplished authors of The Castellated and Domestic Architecture of Scotland resolved to make a pilgrimage to Montsabert ; and as the result of that expedition they give two views of the French chateau in their first volume, and ask their readers to determine 'whether there is any foundation for the supposed resemblance.' The two castles, they admit, have turrets and steep roofs, and ' in these points Fyvie and Montsabert agree, but beyond this there are no features of the two buildings which correspond in architectural details.' They further state that ' if an example were to be selected of any building in which the work is more peculiarly characteristic of the Scottish style than another, they do not think a better instance could be adduced than Fyvie Castle.' In the course of their strictures on the subject, they refer to Mr. Billings' ' strong views on the French origin of Scottish architecture,' in connection with his description of Tolquhon Castle, which they cite as ' a fine, though fanciful piece of writing.' Possibly I may be wrong in stating that Montsabert bears ' a very striking resemblance ' to Fyvie ; but having examined the two views of the former, I am still disposed to think that one of them at least presents more than a general similarity to Fyvie, and further, I fully concur with Mr. Billings in his opinion as to the potent influence of our French alliance on Scottish architecture, which is indorsed by the intelligent correspondent of the Times, whom I have already quoted. Towards the end of their fifth volume, in referring to the former practice of proprietors making contracts with master masons, and personally superintending the erection of their mansions, Messrs. Macgibbon and Ross inform us that ' the great edifices of Fyvie, Pinkie, etc., were erected 1 Times, 5th February 1885. 2 Macgibbon and Ross, ii. 19. ^7 DESCRIPTION OF THE CASTLE 807 under the supervision, and probably from the designs, of Chancellor Seton. ... In like manner,' they continue, ' Huntly Castle was built by the Marquis of Huntly ; and both of these noblemen were distinguished men who had travelled abroad, and whose observation of what they had seen is impressed on many of the features of their mansions.' Not only did the learned Chancellor travel abroad, but he resided several years, first in Rome, and afterwards in France; and shortly after his 'call' to the Scottish bar, he accompanied his father, Lord Seton, in an embassy to the court of Henry in. Fyvie Castle ' forms two sides of a quadrangle, with the principal front towards the south, along which it measures 147 feet. The other front, facing the west, is 137 feet long. At the three corners are massive square towers furnished with angle turrets and high crow-stepped gables, and in the centre of the south front are two projecting drum towers with the main entrance to the castle between them. These two towers, at the height of about 42 feet from the ground, are united by a bold arch 1 1 feet wide, into one grand central mass or pavilion called the "Seton Tower." Just beneath the springing of the arch the drums are corbelled out to the square, and on either side they terminate in turrets, with a fine gable in the centre, and dormers between the gable and turrets, the whole forming a magnificent centre to what is perhaps the most imposing front of any ancient domestic edifice in Scotland. 'At the south-east corner stands the "Preston Tower," which is the earliest portion of the building, having been begun by Sir Henry Preston about the year 1400. It consisted of a tower about 24 feet square, with a projecting wing for the staircase, square externally and circular inside. At the south-west corner is the " Meldrum Tower," so called after the next proprietors of Fyvie, who possessed the estate from 1440 to 1596. They erected this part, and probably the whole range of the south front between this and the Preston Tower, except the Seton Tower in the centre. . . . It is however to the Seton family, in the person of Alexander Seton, Lord Fyvie and Earl of Dunfermline, that the Castle of Fyvie owes its greatest splendour. Besides building the tower above described, which bears his name, he adorned the Preston and Meldrum Towers with their fine turreted and ornamental upper stages, raising the staircase towers, enlarging the windows, and, in short, creating the splendid south front. It is not possible to say how much of the west side, to the north of the tower bearing their name, was built by the Meldrums ; but the tower at the extreme north end of the west front was built by the Honourable General Gordon, second son of William, second Earl of Aberdeen, sometime about the middle of last century, hence called the " Gordon Tower." . . . The only regret in connection with the Gordon Tower is that its erection necessitated the removal of the chapel, which stood on this site. . . . ' The original entrance to the courtyard was through the Seton Tower in the south front, guarded by an iron "yett" placed some 8 or 9 feet in from the outer door. Inside the "yett" a door on either hand 808 IRON 'YETT' AND 'MURDER HOLE* leads to the guard-rooms, one in each drum tower. The vaulted entrance passage continues to the opposite wall, and from thence a corridor, right and left, runs round the castle, giving access to the various rooms and staircases. . . . The great staircase adjoining the Gordon Tower is a splendid specimen of architectural skill, and, like all the ornamental work at Fyvie, was built by the Earl of Dunfermline. It is a wheel stair occupying a rectangular space which measures 20 feet 4 inches by 18 feet 6 inches, with a massive stone newel, 1 foot 9 inches in diameter. . . . The average length of the steps is 8 feet 1 1 inches. . . . The great stair case terminates at an entresol over the second floor, . . . and the newel ends in a kind of carved Gothic finial.'1 The iron gate referred to in the preceding description is formed of huge bars, and fastened by iron bolts drawn out of the wall on either side. ' It is hung in the low, vaulted passage, a few feet within the outer door, which was of oak and heavily clenched with iron nails. The most ponderous in Scotland, with the exception of that at Drumlanrig in Dumfriesshire, it is as remarkable for its workmanship as for its size and weight. The horizontal and vertical bars are ingeniously interlaced, each being welded alternately around the other. Considering the enormous mass of the metal, it swings lightly on its hinges, and the heavy bolts that secure it to the opposite wall can be pushed or drawn with a couple of fingers. In short, it is an exceptional specimen of the ordinary defence of the old Scottish fortalice, or peel-tower, which " the Author of Waverley " has described in his Monastery, when the practised skill of the reiving rider of the Clinthill extricated the imprisoned inmates of Glendearg.' 2 Above the doorway is a large aperture called the ' Murder Hole,' through which unbidden visitors, in former days, received a warm welcome, in the shape of a shower of molten lead. In the base of the ' Meldrum Tower ' is an inaccessible chamber, with neither door nor window, supposed to have been formerly used as a place for concealing arms. In the second volume of Billings' Baronial and Ecclesiastical Anti quities of Scotland there are three admirable engravings of Fyvie, and in the relative description the following statement occurs : — ' Its three princely towers, with their luxuriant coronet of coned turrets, sharp gables, tall roofs and chimneys, canopied dormer-windows, and rude statuary, present a sky outline at once graceful, rich, and massive, and in these qualities exceeding even the far-famed Glammis. The form of the central tower is peculiar and striking. It consists in appearance of;two semi-round towers, with a deep curtain between them, retired within a round-arched recess of peculiar height and depth. The minor departments of the building are profusely decorated with mouldings, crockets, canopies, and statuary. The interior is in the same fine keeping as the exterior. . . . The great stair is an architectural triumph such as few Scottish mansions can exhibit ; and it is so broad and so 1 Macgibbon and Ross, ii. 348 et seq. 2 Times, ut supra. THE HERALDRY OF FYVIE 809 gently graduated as to justify a traditional boast that the laird's horse used to ascend it.' 1 In his ' Continuation ' of Sir Richard Maitland's ' House of Seton,' besides referring to Chancellor Seton's classical and mathematical attain ments, Lord Kingston specially mentions his ' great skill in architecture and herauldrie ' ; and the following passage occurs in my own Memoir of the learned statesman : — ' While evidence of Chancellor Seton's taste for heraldry appears at both Pinkie and Dunfermline,2 his weakness for the "noble science" is most conspicuously displayed at Fyvie Castle. Both outside and inside, his family arms, impaled with those of his first wife, occur in more than one position, in one instance accompanied by the date 1598 ; while his paternal coat is repeated at every turn of the great stair case, and in other parts of the interior. The charter-room is beautifully panelled with crescents and cinquefoils — the principal charges in the Seton and Hamilton escutcheons — and exhibits, in two places, the Chancellor's monogram, which also occurs on the old entrance to the castle, already referred to as the "Seton Tower." His family bearings, in the combined form, are blazoned on the "factor's pew," in the parish church of Fyvie, above the words "Alexander Seton, Lord Fyvie," and the date " 1603 " ; and quarterly, on a chaste silver communion cup belonging to the same parish, bearing the following inscription relative to its presentation : " Deo sacrisque in Ecclesia Fyvaeana faciendis dicavit Alexander Setonius Fermelinoduni Comes, etc. Anno Salutis 1618."3 The escutcheon is sur mounted by a large coronet under a crescent and the Dunfermline motto, " Semper." . . . The following legend, in large Roman letters, appears at the top of the great staircase of the castle, the first* four words being alternately separated by crescents and cinquefoils (Seton and Hamilton), and the others by buckles, the bearings of the Leslie family : — " Alexander Seton Lord Fyvie — Dame Gressel Leslie Ladie Fyvie — 1603.'" The impalement of the Chancellor's arms with those of his first wife, already mentioned as occurring both inside and outside the castle, is blazoned as follows : — Dexter, or, on a fess, above three crescents, within a double tressure flowered and counter-flowered gules, as many cinquefoils argent. Sinister, or, three bars, waved gules (for Drummond). The dexter coat is a combination of the Seton and Hamilton charges, in lieu 1 The round tower of the chateau of Amboise book-stamp, on two volumes in my possession, is ' so spacious and well built that a carriage already referred to. The full Dunfermline arms and four horses can drive up from the bottom to were blazoned on a board formerly affixed to the the battlements and terrace at the top.' — Lord front of the Earl's gallery in the Abbey Church, Malmesbury's Memoirs, ii. 260. which for some time was preserved in the col lection of antiquities formed by the father of 2 A cinquefoil within a crescent, surmounted Sir Noel Paton. by an Earl's coronet and the date 1607, is sculp- 3 Described and engraved at p. 267 of Burns's tured over the south door of Dunfermline Abbey, Old Scottish Communion Plate ; see also p. 213 and the same pretty design appears upon one of of the same valuable work for an engraving and five seals of the Chancellor, described in Laing's description of a communion cup presented to the Catalogues of Scottish Seals, and also, as a parish of Inveresk by Chancellor Seton. 8io ARMORIAL RONDEL of which the family afterwards carried a quarterly escutcheon : — ist and 4th, or, three crescents within a double tressure flowered and counter-flowered gules ; 2nd and 3rd, argent, on a fess gules, three cinquefoils of the first — the crest being a crescent gules, with the motto "Semper," and two horses, "at liberty," as supporters.' In an interesting paper on old Scottish heraldic glass,1 my late lamented friend Mr. J. M. Gray refers to the fine rondel found about twelve years ago in the drawer of an old table at Fyvie Castle, and now in one of the staircase windows, which I describe, not quite correctly, in my Memoir of Chancellor Seton. Along with the date 1 599, it exhibits the arms of the Chancellor, when Lord Fyvie, in the combined form, on a highly orna mental escutcheon, surmounted by a helmet and mantling, on which is placed a crescent with a similar figure inverted under the motto ' Semper.' Montrose is said to have passed a night at Fyvie Castle, which has a popular place in Scottish poetry, in connection with the loves of its valiant trumpeter Andrew Lammie, and the ' Mill o' Tiftie's Annie.' True to the legend, the figure of a trumpeter, springing from the summit of one of the castle's turrets, still points his bugle towards his sweetheart's abode. The castle and the surrounding domain were acquired by a branch of the Gordons, Earls of Aberdeen, in 1726, and a few years ago came into the possession of the present proprietor, Mr. A. J. Forbes- Leith. 1 Proceedings of the Society of Scottish Antiquaries, December 14, 1891. PINKIE HOUSE 811 VI. Pinkie House ' By Pinkie House oft let me walk, And muse o'er Nelly's charms ! ' Her placid air, her winning talk, Even envy's self disarms.' Old Song. This interesting old mansion, surrounded by venerable chestnuts and sycamores, is situated at the east end of the town of Musselburgh — about six miles from Edinburgh ; and, with the exception of an addition made in the beginning of the present century, it still retains the leading character istics of the architecture of the sixteenth and seventeenth centuries.1 It is generally believed that the principal portion of Pinkie House, including the ' King's Room ' and ' Painted Gallery,' owes its existence to Lord Dunfermline, who made extensive additions to an existing Scottish Castle. The family chronicle informs us that ' he acquired the lands of Pinkie, where he built ane noble house, brave stone dykes about the garden and orchard, with other commendable policie about it ' ; and the following inscription, although unfortunately no longer visible, in conse quence of modern additions, is cut upon the front of the mansion : — ' Dominus Alexander Setonius, hanc domum sedificavit, non ad animi, sed fortunarum et agelli modum, 1613.'2 The central edifice consists of a massive square tower, the walls being of great thickness, and the ground floor strongly arched. The turrets attached to the angles of the tower, as well as those on the corners of the lower portion of the structure, present very characteristic features. It is supposed that the building was intended to have been quadrangular, with the elaborate fountain, which stands in front of the house, in the centre of the court. The mansion forms two sides of a square, having originally had the square completed with high ornamental walls (of which only a portion now exist), enclosing a courtyard of about 120 by 140 feet. Although both Fyvie and Pinkie are indebted to the same individual for their principal features, there is only a very general resemblance between the two struc tures. ' The eastern block forms the principal portion of the house, and is 148 feet 6 inches long by 27 feet wide. It is three stories in height, and has a lofty oblong tower in the centre on the courtyard side. The 1 See a reference to Pinkie in Thomas Kirk's doors and windows as there are days in the year.' Tour in Scotland (1677), in supplement to Hume 2 The concluding portion of this legend is cut Brown's Early Travellers in Scotland, where it is over the doorway of St. Bennet's, Edinburgh, stated that 'it used to be told of this house (though for upwards of thirty years the residence of the without foundation in fact) that it had as many author of this work. 812 THE PAINTED GALLERY northern part of this block, including the tower, is the oldest part of the building, and formed originally a castle of the L plan, measuring 65 feet long, and having the entrance in the tower, or wing, which contains the staircase to the first floor, the upper floor being reached by a turreted wheel stair. The second portion of the buildings includes the remainder of the east front and the southern wing, which has a frontage of 125 feet. . . . The principal entrance into the courtyard was through a flat arched gateway and passage under the southern block, and led straight to the old doorway. This entrance is now done away with, and converted into a room. A new scale and platt staircase was subsequently built in the centre of the eastern main building, beneath which a small door leads out to the extensive walled gardens, while two wheel staircases on the inner side of the south wing lead to the upper floors. Several of the upper floor rooms in the eastern block are of considerable size and importance, especially the fine painted gallery, measuring 85 feet long by 19 feet wide. It has a curved ceiling of timber, elaborately painted with mythical and allegorical subjects. . . . The painting was continued down the walls, but was probably removed when the wall of the east front was heightened, thus converting what was formerly the top story, with dormer windows, into a full story. The rooms adjoining the gallery have fine plastered ceilings ... in the style of the seventeenth century.'1 A pretty full account of the ceiling of the ' Painted Gallery ' will be found in a paper which I read before the Society of Scottish Antiquaries in 1887,2 the greater portion of which I shall here introduce : — ' The wooden roof is entirely covered with paintings and inscriptions, executed in water-colour "tempera." . . . Many of them embody incidents to which a moral is attached, and the subjects are usually classical. . . . The learned lawyer to whom Pinkie owes its glory seems to have had a passion for Latin inscriptions. They occur in many parts of the stone work, and the Painted Gallery is thickly strewed with them. They are moral apophthegms, some of them inculcating a special modesty in reference to the vanity of magnificent houses, which sounds rather oddly in the midst of so much architectural magnificence, and seems to import that their author was conscious that his besetting weakness lay in that direction. The painting of this chamber had evidently been continued from the ceiling along the walls, and it is to be regretted that these have been modern ised. . . . The painted chamber is a very suitable place for spectral horrors. A grim forbidding portrait of a female, whose name is associated with a traditional crime, is said to come forth in shadowy embodiment, and stalk through its gloomy length by night.'3 The length of the ' Painted Gallery ' given by Billings, on the authority of the New Statistical Account of Scotland, is considerably over stated, as it is only about 86 (instead of 1 20) feet in length ; the 1 Macgibbon and Ross, ii. 392 et seq. 3 Usually called the ' Green Lady,' from the 2 Proceedings of the Society of Scottish Anti- colour of her dress, and supposed to be a quaries, 12th December 1887. member of the Seton family. DESCRIPTION OF THE CEILING 813 breadth being not quite 20 feet ; and the height 1 3 feet 7 inches.1 The ceiling may be conveniently described under three divisions : — First, or Central Compartment, embracing— Nine coats of arms ; Four symbolical devices, with relative mottoes ; Four principal legends, of three lines each ; and Four border legends. Second, or Entrance Compartment, embracing — Six symbolical devices, with relative mottoes ; Two principal legends ; and Ten border legends, of which four are now illegible. Third, or Oriel Window Compartment, also embracing — Six symbolical devices with relative mottoes ; Two principal legends ; and Ten border legends, of which four are now illegible. Accordingly the total number of symbolical devices and legends are sixteen and thirty-two respectively. All the mottoes and legends are in Roman characters. First, or Central Compartment. In this compartment the arms of the Earl of Dunfermline occupy the middle of the central octagonal figure, between those of his chief, the Earl of Winton on the one side, and the coat of the Earl of Angus on the other ; while, in the two side borders, the shield of the Earl of Bothwell occurs between the escutcheons of Lord Yester and Ferquhard of Gilmulscroft, and that of the Earl of Cassilis between the coats of Lord Borthwick and the Marquis of Hamilton, the latter of which is now almost entirely effaced. The following are the blazons of these nine armorial coats : — I. 'The Earle of Dunfermline.' — Quarterly, ist and 4th, or, three crescents within a double tressure, flowered and counter-flowered gules, for Seton. 2nd and 3rd, argent, on a fess gules, three cinquefoils of the first, for Hamilton. Supporters — two horses at liberty argent. Crest — over a coronet, a crescent gules. Motto — ' Semper.' Under the shield, in a ribbon, ' A. E. D.' (Alexander, Earl of Dunfermline). II. 'The Earle of Winton.' — Quarterly, ist and 4th as in No. 1. 2nd and 3rd, azure, three garbs or, for the Earldom of Buchan. Surtout — azure, a blazing star of twelve points argent, within a double tressure flowered and counter-flowered or, for the title of Winton. Supporters — two foxes proper, collared or, with chains attached to the collars, passing between the forelegs, and reflexing over the backs. Crest — over a coronet, a dragon vert, 1 The celebrated gallery at Hardwick, in the county of Nottingham, is 180 feet long, and of a proportionate breadth. 814 ARMORIAL BEARINGS spouting fire proper, with wings elevated, and charged with a star argent. Motto—' Hazard yit fordward.' III. ' The Lorde Yester.' — Quarterly, ist and 4th, azure, three cinque foils argent, for Fraser. 2nd and 3rd, gules, three bars ermine, for Giffbrd of Yester. Surtout — argent, three inescutcheons azure (usually gules), the paternal coat of Hay. (The ist and 2nd quarters, the upper portion of the coat surtout, and the crest and motto, are quite effaced.) Supporters — two stags. IV. 'The Earle of Cassilis.' — Argent, a chevron gules between three cross-crosslets fitched sable, all within a double tressure flowered and counter-flowered of the second. Supporters — two swans proper. Crest — over a coronet, a dolphin azure. Motto — 'A vise la fine' (sic). V. ' The Earle of Bothvell.'— Quarterly, ist and 4th, or, a bend azure, for Vass, Lord Dirleton. 2nd and 3rd, gules, on a chevron argent, two lions pulling at a rose of the first, for Hepburn. Surtout — the arms of Scotland. Supporters — two lions guardant gules. Crest — over a coronet, and in front of a tree (?) vert, a horse argent, caparisoned gules. Motto — in ribbon over crest, illegible (probably, ' Keip traist '). In the admirable coloured plate of the arms of ' The Lordis of Liddis- dail of auld,' in Mr. Armstrong's History of Liddesdale, etc., two coats are given for the Earl of Bothwell, of which the second corresponds with the Pinkie blazon ; while in the first there is no shield surtout. Patrick, first Earl of Bothwell, received a grant of the lordship of Liddesdale in 1491-2, and perhaps he carried the royal arms on an inescutcheon, on account of his official position as High Admiral of the Kingdom. VI. ' Ferqvhard of Gilmvlscroft.' — Quarterly, ist, or, a lion rampant gules. 2nd, argent, three sinister hands couped paleways gules. 3rd, argent, a lymphad sable with flag of the second. 4th, or, a chevron cheque argent and sable between three water-bougets of the second. Crest — over a helmet, a dexter hand gules, couped as the former. Motto — ' A tovt.' Nisbet (Heraldry, i. 278) gives the following as the arms of Robert Farquhar of Gillmyrs-croft : — Argent, a lion rampant sable, armed and langued or, between three sinister hands, two and one, couped paleways gules. Crest, as on the ceiling. Motto — ' Sto, cado, fide et armis.' VII. 'The Lorde Borthvick.' — Argent, three cinquefoils sable. Sup porters — two angels proper, winged or. Crest — on a wreath (no coronet), a savage's head couped proper (?). Motto — ' Qui conducit.' VIII. 'The Earle of Angvs.' — Quarterly, ist, azure, a lion rampant argent, for the Earldom of Galloway. 2nd, or, a lion rampant gules, surmounted of a ribbon sable, for the lordship of Abernethy. 3rd, argent, three piles azure, for Wishart of Brechin. 4th, or, a fess cheque argent and azure, surmounted of a bend sable, charged with three buckles of the second, for Stewart of Bonkill. Surtout — argent, a man's heart gules ensigned with an imperial crown proper, and on a chief azure, three stars of the first, the paternal coat of Douglas. Supporters — dexter, a savage proper holding a baton erected and wreathed about the middle with laurel vert; sinister, a stag proper (armed and unguled or?). Crest — over a ILLUSTRATIVE PEDIGREE 8i5 coronet (chapeau gules, turned up ermine ?), a salamander vert, in the middle of flames of fire. Motto — ' J amais arriere. ' The achievement is placed within a pale of wood, wreathed and impaled, by way of 'compartment' This blazon corresponds with the seals of the eighth and ninth Earls of Angus, as given in Laing's Catalogue, Nos. 253-4. In Mr. Armstrong's plate, on the other hand, the field of Galloway in the first quarter is gules instead of azure ; while Soulis — ermine, three chevronels gules — takes the place of Wishart of Brechin in the third quarter. IX. 'The Marqveis of Hamilton.' — With the exception of a coronet below the remains of the crest (probably an oak-tree and frame-saw) and the horns of the supporters (two stags or antelopes), this achievement is entirely effaced. In the lower portion of the shield there are faint traces of cinquefoils, and probably the blazon embraced three of these charges, which constitute the paternal coat of Hamilton. It seems strange that the arms of the head of the family should have been introduced in lieu of those of the Chancellor's maternal grandfather, Sir William Hamilton of Sorn and Sanquhar, who bore gules, three cinquefoils, ermine, within a double tressure, flowered and counter-flowered or, as illuminated, according to Nisbet, on the House of Seton. In a marginal note, by the late Mr. Stodart, on one of the volumes of Paterson's Ayrshire Families in the Lyon Office, it is stated that Sir William Hamilton was allowed the double tressure in 1539. The subjoined table exhibits Lord Dunfermline's connection with the families to whom the preceding Coats Armorial pertain : — James, 1st Earl of Morton. Archibald, 5th Earl of Angus. VIII. Lady Janet Douglas. George, 5th Lord Seton. = Patrick, ist Earl of Bothwell. V. George, =Elizabeth Master of Angus. 1 Drummond. Alexander Farquhar William, of Gilmilscroft. 3rd Lord VI. Borthwick. I VII. = Lady Janet John,; Hepburn. 3rd Lord Yester. III. Elizabeth John Hamilton=Catharine David, Douglas. of Camskeith. George, 6th Lord Seton=HoN. Elizabeth Hay. Farquhar. 1st Earl of Cassilis. IV. Sir William Hamilton of Sorn and Sanquhar (2nd Son) (cadet of Marquis of Hamilton). IX. Hon. Agnes Borthwick. Lady Catharine Kennedy. I I George, 7th Lord Seton— Isabel Hamilton. (father of Robert, Ist Earl of Winton). II. Alexander Seton, ist Earl of Dunfermline. I. 1 Elder brother of Gavin Douglas the poet, Bishop of Dunkeld. 816 DEVICES AND LEGENDS The following four symbolical devices and relative mottoes in the central compartment are placed within oval figures : — i. An old man surrounded by barrels. Dives • inops • ratio • Anti- cyram destruit . . . (Whether a man be rich or poor [wine] will destroy his reason (?)). The last word in this legend (of which the last letter is ' m ') is nearly effaced, and, as it stands, the translation is somewhat doubtful. Anticyra was a town in Phocis celebrated for its hellebore, which was of great medicinal value. 2. Two men holding goats in their arms. A • teneris • adsuesce • labori (Accustom yourself to labour from your earliest years). 3. A white stag. Serviat • aeternum • qui • parvo • nesciet • uti (May he be ever dependent who knows not how to put up with limited means). 4. A conical rock. Stat • cunctis • immota • minis (It stands unmoved by every threat). The four principal legends are placed within oblong panels : — 5. Natura • necessaria • docuit • quae • sunt • pauca • et • parabilia. Stultitia • superflua • excogitavit • quae • sunt • innumera • et • difficilia (Nature has taught us what things are necessary, which are both few and easily attained. Folly has devised superfluities, which are countless, and difficult to be acquired). 6. In • magna • fortuna • ut • admodum • difficile • sic • admodum • pulchrum • est • seipsum • continere (In great prosperity, as it is very difficult, so it is very beautiful, to exhibit moderation). 7. Ad • laeta • et • aspera • pariter • nati • sumus • nisi • pari • utroque • animo . . . sumus ( ? ). 8. Vis • Phyloclaea ¦ divitem • reddere • non • adjiciendum ¦ pecuniae • sed • detrahendum • cupiditatibus (Dost thou wish to enrich Philocles ? Add not to his wealth, but take from his desires). Philocles was an admiral of the Athenian fleet during the Pelopon- nesian war, who recommended his countrymen to cut off the right hands of their captured enemiqs, that they might be rendered unfit for service. The four border legends, in small oblong panels, are as follows : — 9. Virum • bonum • non • ordo • sed • mores • praestant (Not rank, but demeanour demonstrates the good man). 10. Hominem • se • esse ¦ non . . . qui • injuriarum • non • oblivis- citur (He is not worthy of the name of man who cannot forget an injury). 11. Utile • est • ad • usum • secundorum • per • adversa • venisse (It is useful to have reached good fortune through adversity). 12. ^Equora • ventis • turbantur • Populum • oratores • movent (The seas are agitated by the winds — Orators move the populace). Second, or Entrance Compartment. The six symbolical devices and relative mottoes in this compartment are placed within heater-shaped shields, and may be briefly described as follows : — SECOND COMPARTMENT 817 13. A female figure with bandaged eyes, and a dark-complexioned dwarf at her feet. Fortuna • non • mutat • genus (Fortune does not change our race). 14. Diogenes in his barrel addressing three individuals. Qui • sapit • innumeris • moribus • aptus • erit (The wise man will adapt himself to countless fashions). 1 5. A mailed figure carrying an old man on his back. Sat ¦ patriae • Priamoque • datum (Enough has been rendered to our country and to Priam). 16. Two individuals in affectionate embrace, and two others looking on. Nil • ego • contulerim • jucundo • sanus • amico (When sound in mind, I would prefer nothing to a pleasant friend). 17. Two figures accompanied by a number of dogs. Firma • amicitia (In firm friendship). 18. A lion with neck encircled by a snake. Quam • bene • con- veniunt (How well they agree). The two principal legends are placed within smaller shields of a some what similar shape to those which embrace the symbolical devices, and are as follows : — 19. Vir • bonus • patriam • amat • non • quia • dives • aut • opulenta • sed • quia • sua. Sic • Ulysses • ad • Ithacae • saxa • non • minori • studio ¦ contendit • quam • Agamemnon • ad • nobiles • Mycaenarum • muros (A good man loves his country not because it is rich or opulent, but because it is his own. Thus did Ulysses hasten to the rocks of Ithaca with no less zeal than Agamemnon to the mighty walls of Mycenae). 20. Curandum • magis • ut • laete • quam • ut • late • habitemus. Saepe • in • palatiis • labor • et • dolor • in • tuguriis • quies • et • gaudium • habitant (We should take care rather to have happy than extensive abodes. In palaces labour and sorrow, in cottages peace and joy, often dwell). Of the ten border legends, two on each side (21, 22, 23, and 24) are placed within small oblong panels, and are all effaced ; while the six others occupy semicircular figures, and are as follows : — 25. Bona • mens • omnibus • patet. Omnes • ad • hoc • nobiles • sumus (A good mind is open to all. To this extent we are all noble). 26. Vita • nostra • temperanda • inter • bonos • mores • et • publicos (Our life ought to be apportioned between good conduct and public service). 27. Cuique • suum • rependit • posteritas • decus (Posterity renders to every man the honour that is his due). 28. Nemo • regere • potest • nisi • qui • et ¦ regi (No one can govern unless he can also be governed). 29. Bene ¦ ferre • magnam • disce • fortunam1 (Learn to bear great prosperity with moderation). 30. Vis • expers • consilii • mole • ruit ¦ sua (Power without guidance falls by its own weight). 1 Perhaps suggested by a favourite motto of Seton) : — ' In adversitate patiens, in prosperitate the Chancellor's father (George, seventh Lord benevolus— Hazard zet fordward.' SL 818 THIRD COMPARTMENT Third, or Oriel Window Compartment. The devices and legends in this compartment are arranged in precisely the same manner as those in the entrance compartment. The six devices and relative mottoes are : — 31. A satyr and other figures dancing in front of a circular tower. Nympharumque • leves • cum • satyris • chori • secernunt • me • populo (The graceful dances of nymphs and satyrs separate me from the common herd). 32. Three individuals standing beside a king seated on his throne. Pax • optima • rerum (Peace is the best of things). 33. A man drawing water from a fountain, and another figure floating down a stream. Nihil • amplius • opto (I wish nothing more). 34. Two females in a small boat — one sitting in the stern, the other (naked) standing and holding a sail. Sit • virtus • Tiphys (Let virtue be the pilot). Tiphys was the pilot of the ship of the Argonauts. 35. A gouty man on a couch, with an attendant standing beside him. Semper avarus eget (The covetous man is always in need). 36. Two warriors in front of a figure, seated on a pedestal, and holding a cornucopia. Nullum • numen • abest • si • sit • prudentia (No divine aid is awanting if prudence be present). The two principal legends are — 37. Placeat • homini • quicquid • Deo • placuit • ratio • quam • qui • amat • contra • durissima • armatus • est (Let whatever be the will of God be that of man, a rule which he who loves is armed against the hardest calamities). 38. Regiae • amplissimaeque • opes • si • in • malum • et • improvidum • inciderint • momento • dissipantur • at • quamvis • modicae • bono • custodi • traditae • usu • ipso • crescunt • et • augentur (If princely and extensive possessions fall to the lot of a wicked and improvident master, they are straightway dissipated ; but riches, however moderate, if bestowed upon a good keeper, grow by their use and are increased). As in the case of the entrance compartment, four of the ten border legends, two on each side (39, 40, 41, and 42), are effaced, the six others being as follows : — 43. Dignum • laude • virum • musa • vetat • mori (The muse forbids that the man worthy of laudation should die). 44. Pax • una • triumphis • innumeris • potior1 (One peace is better than innumerable triumphs). 45. Bene • est • cui ¦ Deus • obtulit • parca • quod • satis • est • manu (Well is it for him on whom God with a frugal hand has conferred enough). 46. Cuique • mores • fortunam • fingunt • sui (A man's character determines his fortune). 1 Like No. 32, worthy of the Chancellor of James vi., whose motto was ' Beati pacifici.' THE 'KING'S ROOM,' ETC. 819 47. Scilicet • improbae ¦ crescunt • tamen • curtae • nescio • quid ¦ semper • abest • rei1 (Though riches are insatiate, yet are they ever straitened. Something is always wanting to a man's fortune). 48. Ssepe • acri • potior • prudentia - dextra (Prudence is often better than a strong right arm). After I had copied the legends, the late Sir John Hope2 kindly sent me a ' List of the Inscriptions,' made by a friend of the family about forty years ago, and embracing twenty-nine of the forty-eight legends and mottoes, besides two others in Greek characters, on the ceiling of the oriel window, which I had unaccountably overlooked. The Greek legends are as follows : — 49. MH • IIANNTXION (Not the whole night). 50. OT • XPH • IIANNTXION • ETAEIN • BOTAH*OPON • ANAPA (A counsellor ought not to sleep the whole night). In a few instances the transcriber has misread some of the words ; but, speaking generally, the transcripts correspond with my own copies. The centre of the oriel ceiling is occupied by a stork standing on one leg, surmounted by a ribbon bearing the first of the two Greek inscriptions, while the other is below, on another ribbon arranged in three divisions. Besides two fleurs-de-lis and other ornaments, the panel exhibits a cinquefoil within a red crescent (a favourite device of Chan cellor Seton's), and his initials, combined with those of his third wife, Margaret Hay, under a coronet, as on more than one of the bedroom ceilings at Pinkie. Many other portions of the interior of Pinkie are possessed of con siderable interest. One lofty chamber, called the ' King's Room,' is said to have been occupied by Prince Charles on the night after the battle of Prestonpans. Chancellor Seton's initials (A. S.) are frequently intertwined on the ceilings of two other apartments on the same floor as the ' King's Room,' interspersed with coronets, crescents, and cinquefoils. In the smaller of these two rooms the full armorial ensigns of Lord Dunferm line, beautifully moulded in stucco, surmount the mantelpiece, accompanied by the following good advice : — Nee cede adversis rebus, Nee crede secundis — which is only an adaptation of the words inscribed by his chivalric father 1 One of the prayers or proverbs attributed to the possession of Sir William Hope: — 'This Book another Alexander Seton — the sixth Earl of was given by the old Earle of Wintoun to Sir Eglinton, better known as ' Greysteel ' — was as Thomas Hope of Craighall, the King's Advocate, follows : — ' God send us some money, for they and his Maties Commissioner at that time, about are little thought of that want it.' — Kelly's the year of God 1628. The reason for which Scottish Proverbs, 113. the Earle gave it was, because the said Sir 2 The following note occurs at the end of a Thomas his Lady D. Elizabeth Bennet was ane MS. copy of the Chronicle and Historie of the oye of the House of Wintoun, for hir mother, Hous and Surname of Setoun, bearing the callit Grissell Seton, was a brother's daughter of initials of Sir Thomas Hope, Lord Advocate, in the House. Her father lived in Tranent.' 820 DE FOE'S ACCOUNT OF PINKIE at his Palace of Seton, already referred to, in allusion to his own painful experiences after the battle of Langside. In his Tour through Great Britain^ the author of Robinson Crusoe says : ' The glory and beauty of Inveresk is Pinkey, which formerly belonged to Seton, Earl of Dunfermling, but now to the Marquis of Tweddale, who usually resided here, before his house at Yester was finished ; which, though it be the most magnificent building, yet is not so agreeably situated as Pinkey, which stands near the sea, just as we enter into Musselburgh. . . . ' The great hall on the right, as you enter, is adorned with views of the great cities of Italy ; and in a drawing-room adjoining to it is a billiard table. The great staircase on the left is ballustraded with iron and crowded with pictures. ' The first apartment consists of a dining-room, drawing-room, and bed-chamber, all very spacious, curiously wainscotted with oak, and hung with the Seasons in tapestry, of the small figures, and best sort : the bed is of crimson velvet, in an alcove, neatly supported with pillars. The chimneys are of marble, and above that of the dining-room is painted the finest inside of a church that is anywhere to be seen. ' The great gallery is very long and spacious, the ceiling whereof is full of Latin inscriptions, suitable to the several paintings. Here are a 1 Vol. iv. (Scotland), p. 82. WELL RENAISSANCE 821 family picture of the Lord Seton with his four sons and daughters by Hans Holbein ; Mr. Henderson, the Covenanter, by Vandyke ; the whole-length of King Charles 1. and his Chancellor, the Earl of Dunfermline, in his robes, by the same hand.1 The first Earl of Tweedale, with his eight sons and seven daughters, all in one picture, as big as the life, takes up almost one end of the room. There are fine altar-pieces, Passion-pieces, and others of that kind, which were saved from plunder out of monasteries at the Reformation. Here is likewise a good picture of the Earl of Strafford, and another of the Duke of Lauderdale (who married his only child to the heir of this family), with great numbers of family pictures of the Hays and Setons. There is also well preserved the genealogical tree of the family, from the year 970 to this time ; viz., the Hays, Giffords, and Frasers. But most of the pictures have been carried to Yester. ' The parterre behind the house is very large, and nobly adorned with ever-greens ; and on each side of it spacious gardens. The whole stands in a park, which is, however, now greatly reduced in extent ; but it was formerly well planted with fir-trees, and walled round with stone. I confess, if I had been owner of Pinkey, I should hardly have built Yester ; for Pinkey stands nobly, and has a commanding prospect, not only over the adjacent country, but also of the coast of Fife, over the sea, at nine miles' distance ; whereas Yester, as I have said, lies in a bottom, and all its views are bounded within itself. Yester, it is true, is the ancient seat of the family ; whose title to Pinkey is but late, and (some say) was precarious.' An interesting notice of Pinkie, by the late Mr. J. M. Gray, appears in the Scottish Art Review for July 1889. It is chiefly devoted to an account of the interior and its present contents. Mr. Gray mentions that the late Sir John Hope considered that the fine Renaissance well in front of the house bears a strong resemblance to the work of Vignola, who was much employed by the Farnese family, and was the architect of their palace near Viterbo ; and further, that Chancellor Seton, ' whose early residence and education in Italy must have familiarised him with foreign art, em ployed Italian workmen upon this and other portions of the Pinkie buildings.' The notice, which is accompanied by several excellent views of both the exterior and interior, concludes with a pretty full account of the Painted Gallery, and the writer truly states that 'it would form an admirable and rewarding subject for a careful monograph.' I have reason to believe that the ceiling is at present engaging the attention of Mr. Hamilton More- Nisbet, who may perhaps be induced to carry Mr. Gray's suggestion into practical effect. ' In the centre of the courtyard there is a very beautiful well canopy, having four square piers supporting arches, with engaged round columns of the Roman Doric order, above which is an open lantern of four pointed 1 Hans Holbein is a mistake for Sir Antonio Vandyke) ought to be the Chancellor's son, the More, and the second of the full-lengths (by second Earl of Dunfermline. 822 LATIN INSCRIPTIONS arches, the whole surmounted by a vase. The erection is profusely decorated with carving, monograms, and heraldic devices, having reference to the Seton family, with the following inscriptions round the frieze : — west side, vtilis vnda • fluit ; north side, et • capiti • et • membris ; east side, QVO • NON • VEL • PVRIOR • ALTER ; SOUth side, fFONTE • HOC ¦ FRIGIDIOR. The structure, which stands on three steps, is about 24 feet high.' * The following inscriptions, in Roman characters, appear on two slabs, each about three by four feet, which lay detached at Pinkie for many years, and were built into the garden wall, by Sir John Hope, in 1884, under the coronet and monogram (A. S. and M. H.) of the Earl and Countess of Dunfermline : — Sibi • posteris • bonis • omnibus • humanis • urbanisque hominibus • urbanitatis • omnis • humanitatisque • amantissimus • Alexander Setonius • villain • hortos • et • haac • suburbana • aedificia • fundavit exstruxit • ornavit • nihil ¦ hie • hostile • ne • arcendis • quidem • hostibus non • fossa • non • vallum • verum • ad • hospites • benigne • excipiendos benevole • tractandos • fons ¦ aquae • virginis • viridaria • piscinae • avaria amcenitatem • omnia • ad • cordem • animumque • honeste • oblectandum composuit • quisquis . . . haec • furto • ferro • flamma . . . quo . . . hosti liter • se • gesserit ¦ esse • omnis • caritatis • urbanitatisque • expertem immo • humanitatis • omnis • humanique • generis • hostem • profiteatur lapides • sancti • loquentur ¦ et • promulgabunt. Deo • optimo • Maximo • rerum • omnium • Authori • Largitori Conservatori • Iehovae • Statori • cujus • nutu • beneficioque • stant bona • omnia • certa • Honor • Omnis • Gloria. ETAOriA • KAI ETXAPI2TIA. James Makgill of Rankeillor, Lord Clerk Register (whose grand- nephew became Lord Oxfurd in 165 1), appears to have resided at Pinkie — of which he may have been the owner — about 1577. The estate was purchased by the Tweeddale family shortly before the forfeiture of the fourth and last Earl of Dunfermline in 1690; and about a hundred years later (1788), it was acquired from the Hays by Sir Archibald Hope of Craighall, grandfather of General Sir William Hope, the present pro prietor. 1 Macgibbon and Ross, ii. 398. a; v ARMS OF THE SETONS 823 III. ARMORIAL BEARINGS » T the request of the late Mr. R. R. Stodart I pre pared a short statement relative to the Armorial Bearings of the Seton family, which appears in the second volume of his valuable work on Scottish Arms, under his notice of the Armorial de Gelre, compiled in the fourteenth century.1 I there conjecture that, as descendants of the Norman family of Say, the Setons retain the heraldic tinctures of that ancient House (or and gules), taking three red crescents for charges upon a golden field. Nisbet quaintly assigns, as a reason for their assumption, the fact of their lands in East Lothian being ' formed by the Forth in three great bays, like half-moons ' ! but it has usually been considered more probable that, being the symbols of Mussulmans, these figures were adopted, as by other Christian conquerors, to commemorate some victory over the Turks or Saracens. The statement, however, of Pere Anselme (who wrote in 1663), that the Ottomans took crescents 'as a symbol of the ambition of their conquests,' is called in question by a recent writer, who informs us that ' the Crescent was the special mark of Constantinople ; it lasted there for centuries, 1 A useful paper, by Captain Archibald Hamilton Dunbar, correcting Mr. Stodart's in accuracies in his account of the Armorial de Gelre, will be found at p. 9 of the Proceedings of the Society of Scottish Antiquaries for 1890-1. 824 THE ROYAL TRESSURE as a local and thoroughly Christian emblem. The Turks found it there and adopted it ; but they no more invented it than Prussia invented the black eagle. Even now, at Moscow, and in other Russian towns, the Crescent is to be seen on churches with the Cross above it, the object of their union being to signifiy the Byzantine origin of the Russian faith. The antithesis of the Crescent and the Cross is therefore a modern illusion ; there is no original hostility between them ; the supposed contrast of their meanings has grown up by habit during the last four hundred years, but it has no foundation in the genealogy of the Crescent.' 1 Alexander de Setun witnessed a charter by Gillemur, son of Gilleconel, to the Church of Lesmahagow, in 1144, but the earliest Seton seal is that of Sir Alexander de Seton, c. 12 16, bearing three crescents and a label of three points. On the later seal of another Alexander Seton, attached to the celebrated letter of the Scottish barons to the Pope in 1320, the three crescents are placed on a bend.2 The son (?) and successor of Sir Christopher Seton, eighth of the family on record (who married Christian Bruce, sister of Robert 1.), placed the double tressure round his paternal crescents on account of his royal descent, as on his seal in 1337 ;3 and Nisbet specially refers to the presence of the tressure in the Seton achievement on the double ground of ' maternal descent and merit.' It is said that he also obtained from the King a coat of aug mentation, viz. : — gules, a sword in pale proper, pommelled and hilted or, supporting an imperial crown within a double tressure of the last, to per petuate the services rendered to his country by himself and his progenitors. This coat, however, is not to be found on any seal used by the successive representatives of the family, nor does it appear in any known heraldic ms. Sir George Mackenzie mentions that it was borne in his time (before 1680) : and Nisbet, who had the best opportunity of knowing from personal obser vation, and because his father had been agent to the Earl of" Winton, says that it was to be seen, cut in stone, on the old House, or Palace, of Seton. In common with earlier writers, Nisbet adopts the tradition which assigns the assumption of the rampant lion in the Royal Arms of Scotland to Fergus 1., who is alleged to have flourished, as king of Scotland, about 330 years before Christ ! He also refers to the celebrated league which Charlemagne is said to have entered into, in the beginning of the ninth century, with Achaius, king of Scotland, on account of his assistance in war ; ' for which special service performed by the Scots, the French king encompassed the Scots lion, which was famous all over Europe, with a double tressure, flowered and counter-flowered with flower-de-luces (the armorial figures of France) of the colour of the lion, to show that it had formerly defended the French lilies, and that these thereafter shall continue a defence for the Scots lion, and as a badge of friendship.'4 1 International Vanities, by Frederic Marshall, 82 supra. p. 217. 3 Engraved at p. 81. 2 These two seals are engraved at pp. 69 and 4 System of Heraldry, ii. Part ill. p. 98. ORIGIN OF FLEUR-DE-LIS 825 ' This awfull beist full terrible wes of cheir, Persing of luke, and stout of countenance, Rycht strong of corpis, of fassoun fair, but feir, Lusty of schaip, lycht of deliuerance, Reid of his cullour, as in the ruby glance ; On field of gold he stude full mychtely, With flour de lycis sirculit lustely.' 1 On the other hand, Chalmers observes that these two monarchs were probably not even aware of each other's existence, and suggests that the lion (which first appears on the seal of Alexander 11.) may have been derived from the arms of the old Earls of Northumberland and Hunting don, from whom some of the Scottish kings were descended. He adds, however, that the lion was the cognisance of Galloway, and perhaps of all the Celtic nations. Chalmers also mentions an 'ould roll of armes,' preserved by Leland, said to be of the age of Henry in. (12 16), in which the arms of Scotland are thus described : — ' Le roy de Scosce dor a un lion de goules a un bordure dor flurette de goules.' According to Sir George Mackenzie, ' tressure is trescheur in the French, which comes from tressouer, or tressoir, a tressing ; and I conceive,' he says, ' that these tresses were introduced in heraldry upon coat-armours to represent the silver and gold laces with which coats were usually adorned.' 2 ' By our ancient and modern practice,' says Nisbet, 'the double tressure is not allowed to be carried by any subject, without a special warrant from the sovereign, and that in these two cases : first, to those who are descended of daughters of the royal family, and so to them it is a tessera of a noble maternal descent, as the orle is to the Spaniards. And, secondly, to those who have merited well of their King and country, as a special additament of honour.' 3 Among other Scottish families bearing the double tressure in their escutcheons are the Douglases, Marquises of Queensberry, the Kennedys, Earls of Cassilis, the Erskines, Earls of Kellie, the Gordons, Earls of Aberdeen, the Maitlands, Earls of Lauderdale, the Lyons, Earls of Strathmore, the Charterises, Earls of Wemyss, the Murrays, 'especially those of Tullibardine and Athole,' the Scotts of Thirlestane, the Grahams of Fintry, the Buchanans of that ilk, and the Edmonstones of Duntreath.4 In the coat of the Earl of Aboyne, as already stated, the tressure was flowered with fleurs-de-lis within, and adorned with crescents (for Seton) without ; while in that of the Earl of Aberdeen it is flowered and counter flowered with thistles, roses, and fleurs-de-lis alternately. The origin of the fleur-de-lis has afforded an ample field for contro versy, and in the year 1837 a work on the subject by M. Rey appeared in France, in two volumes 8vo. It has been variously supposed to 1 The Thistle and the Rose, by Dunbar. found at p. 119 of my Scottish Heraldry. See 2 Science of Heraldry, chap, xxxiv. aIso the late Mr. Guthrie-Smith's interesting . _ . TT , , . „ , volume on Strathblane, p. 103, and the privately » System of Heraldry, 1...180. See also prmXeA Genealogical Account of the Family of Science of Heraldry, chapters 11. and xxi. Edmonstone of Duntreath (pp. 12, 18, and 32), 4 Some remarks on the identity of the arms in which it appears to be assumed that the of the Setons and the Edmonstones will be Edmonstones are really Setons. S M 826 THE 'GARBS' OF BUCHAN represent a water-lily, an iris, a toad, a bee, and a lance-head ! Upton calls it ' flos gladioli,' the flower of the glader or sword-grass ; and the book of St. Albans describes the arms of France as 'iij flowris in maner of swerdis, which were certainli sende be an Aungell from Heaven.'1 As already stated, George, third Lord Seton, married Lady Mar garet Stewart, daughter and heir of John, Earl of Buchan (grandson of Robert il), in whose right he claimed the Earldom ; and on that account his descendants have always quartered the feudal arms of Buchan, azure, three garbs or. This assumption is thus referred to in the ms. History of the Cumings of Ernsyde, compiled in 1622 ; and although the alleged motive is erroneous, the statement forms a curious corroboration of the fact : ' Being also requisitt to vnderstand ye reasone why ye Lord Seattoune, now E. of Wintone, weareth yb six Bear sheawes — thrie in everie cross of his bagge — I being in the Palace of Seattoune, ffamiliar w* my old Lord, demandat at his Lo: for what cause the Hous of Seattoune weare y6 Cumings' armes in y* maner ? My Lord answered me y* his predicessors gatt the lands and lordship of Troup, in Buchan, fra ye Earle of Buchane, Cuming ; soe, as ane tockin of perpetuall band of freindship, ye Lo : Seattoune att y* tyme adioyned y° Six Sheawes to his own armes, qlk remaines w* y* Hous as Memorie of auld Kyndnes, and not y* y" lands wes gevin be alliena°ne to tack any pairt of ye Cumings' armes ; and soe, if auld love and kyndes should be respected, it is ane great motive and occasione to profes a good will and freindship to remaine betwixt the said Surnames.'2 Robert, eighth Lord Seton, on being created Earl of Winton (p.. 208 supra), was allowed an additional coat of augmentation, viz., azure, a star of twelve (sometimes eight) points argent, within a double tressure flowered and counter-flowered or. On a large detached stone in Seton Church, believed to have formerly surmounted the principal doorway of Seton Palace, and engraved at p. 742, the full Winton arms are sculptured in high relief, the only charges in the inescutcheon being the star and royal tressure, as on the seal of George, third Earl, in 1608. The impalea inescutcheon was displayed, at his funeral, in the achievement of the fourth Earl (p. 249 supra), and also appears on a damask napkin in my possession (p. 275) bearing the name of the maker — 'John Ochiltrie, weauer in Edinburgh,' and exhibiting the armorial bearings of George, fifth Earl of Winton, under the following legend : — ' Insignia Georgii ix. de Seton, Comitis de Winton, Domini de Seton, 1712.' Over the shield is an Earl's coronet surmounted by helmet, crest, and motto ; and behind, two batons in saltire, in allusion to the office of Master of the Royal Household formerly held by the family. The supporters hold banners, of which the dexter is charged with the arms of Seton, and the sinister with a circle and triangle interlaced, surrounded by the word ' Indissoluble,' the device adopted by George, fourth Lord Seton, on the ensign of the ship Eagle 1 See also Marshall's International Vanities, 2 Quoted in Maitland's House of Seytoun, P- 199- p. 96. SUPPORTERS, CREST, AND MOTTOES 827 which he equipped to avenge himself against an attack by the Dunkirkers. In the four corners are interlaced crescents and other devices, with legends, the whole being within a bordure charged with crescents and fleurs-de-lis. The seal of Robert, Lord Seton, in 1600, presents a variation of marshalling ; the crescents of Seton being there quartered with the garbs of Buchan, and the whole surrounded by the royal tressure. Supporters. — While the seal of William, first Lord Seton, 1384, exhibits two lions sejant gardant, as supporters, on that of his great-grand son George, third Lord, c. 1440, they are represented as rampant gardant. According to Nisbet, George, fifth Lord, who fell at Flodden, used a mertrick1 and a lion, but the supporters carried by the Earls of Winton were two foxes (or mertricks) proper, collared and chained or, each collar charged with three crescents gules. In the sixteenth century, the collars, as given in heraldic mss., were gules charged with five plates. Crest. — The Crest given in the Armorial de Gelre (an antelope's head) appears on the seal of William, Lord Seton, in 1384, but does not seem to have become hereditary ; the same Lord, c. 1400, used a crescent between two plumes of feathers issuing from a coronet, as sculptured on a stone over the south-east door of Seton Church.2 In Workman's ms. the crest is a serpent gliding among foliage. Another ms. of the sixteenth century has a crescent between two branches, but the established crest of the Winton family was a dragon or wyvern vert, spouting fire, wings elevated, and charged with a mullet argent, issuing from a ducal coronet. Sometimes a scroll with the war-cry ' Set on ' 8 issues from the dragon's mouth.4 Mottoes. — ' Zet fordward,' or ' Hazard zet fordward' (Dare to advance a little further). Below the shield ' Invia virtuti via nulla ' (Ovid, Met. 1 Martin, in his Description of the Western 4 The following note to the expression ' raiss Isles, 1703, says that ' the mertrick, a four-footed dragoun ' (Barbour's Bruce, ii. 205) occurs in Dr. creature about the size of a big cat, is pretty Skeat's recent edition of that well-known poem: common in the isle of Harris.' ' Lit. raise the dragon. Jamieson explains it by 2 Engraved at p. 94 supra ; see also p. 785. "to deliver up to military execution." The con- 3 Speaking of the Crimean War, Mr. Ruskin text rather implies that it signifies to harry, to indicates as his belief that it has been 'produc- act tyrannically, or probably "to play the devil." tive of more good than evil' ; and in support of We learn from the Chanson de Roland, 1. 1641, that view, he appeals, not to ' those who have that to " raise the dragon " was used of raising suffered nothing,' and whose cry will be for the devil's standard by a pagan host. Ducange peace, but to those 'to whom the war has gives — "Draco, (1) vexillum in quo draconis changed the aspect of the earth, and imagery of effigies effecta ; (2) Effigies draconis, quae cum heaven, whose hopes it has cut off like a spider's vexillis in ecclesiasticis processionibus deferri web, whose treasure it has placed, in a moment, solet, qua vel diabolus ipse, vel haeresis desig- under the seals of clay. . . . Ask their witness, nantur, de quibus triumphat ecclesia." We are and see if they will not reply that it is well with all familiar with St. George and the Dragon, them, and with theirs ; that they would have it wherein the dragon represents evil.' no otherwise : would not, if they might, receive On the other hand, we learn from Baker's back their gifts of love and life, nor take again Chronicle that ' after Ambrosius succeeded Uter the purple of their blood out of the cross on the . . . called Pendragon, of his royal banner borne breastplate of England. Ask them : and though ever before him ; wherein was pourtrayed a they should answer only with a sob, listen if it dragon with a golden head, as in our English does not gather upon their lips into the sound camps it is at this day borne for the Imperial of the old Seyton war-cry — " Set on." ' — Modern standard.'! Painters, vol. iii. Part iv. p. 334. 828 HERALDIC MSS. IN BRITISH MUSEUM xiv. 113), and on scrolls passing over the middle of the supporters, ' Intaminatis fulget honoribus' (Hor. Carm. iii. 2. 18). The wy vern crest was used by Roger de Quincy, Earl of Winchester (p. 67 supra), and is believed by Nisbet and others to have been adopted by the Setons with the title of Winton, on account of their relation to the family of De Quincy. In the various heraldic mss. in the British Museum there are numerous blazons of the Seton arms, with relative notes, from which I select the following : — ' Seyton, Lord Seyton — or 3 cressantes g. a double tressell flourtie g.' (Crest) ' On a wreathe or et az. a cressant g., on eache syde thereof 2 slippes of lawrell v*.' This is followed by a statement relative to the genealogy and alliances of the family, somewhat similar to that given under the notice of the first Earl of Winton (p. 205, note 1, supra), which appears to have been written during the lifetime of the seventh Lord Seton, as it thus concludes : ' The last (sixth Lord) maryed a frenche woman. He (seventh Lord) hath bene hurte by assisting the late Queene of Scottes.' 1 ' The lord Seattoune — y* like — The poysey, " Zitt fortward " ' — accom panied by the paternal coat of Seton supported by two foxes, with helmet, mantling, and crest — the crest being the same as in the preceding extract.2 ' Seyton lo. Seyton of Seyton by the sea, is descended from Sr Alex ander Seyton K* an English man that kept the towne of Barwick in the time of King Ed. 3d.' Coat and supporters as in the previous blazon.. Motto — 'Sett forward'— two crests being given: (1) a crescent gules in front of five laurel branches vert ; (2) a snake vert spouting fire.3 ' Seton Lorde Seton.' Paternal coat of Seton with finely executed helmet and mantling, supported by two foxes. Motto — 'Yet Forwarde.'4 ' Lord Setton of that like.' A well-executed drawing of the paternal coat of Seton supported by two chained foxes. Crest — a red crescent in front of ten branches of laurel. Motto — ' Zit forward.' 5 In another ms (Harl. 4622) I found the names of 'The Baronis and Lordis ' of Scotland, without date, which included : — ' The Setounes : Setoun Lord Setoun. Setoun of Touche. ,, Parbrothe. ,, Lathrisk. ,, Carriston. ,, Greindykes. ,, Northrig. ,, Rumgai.' 1 Arms and Pedigrees — Additional, 26,676. bility — Harl. 1384. 2 Arms of the Scottish Nobility— Lansdowne, 4 Arms of the Scots Kings and Nobility- 877. Harl. 115. 3 Arms of English, Scottish, and Irish No- 6 Arms of Scottish Nobility, etc., 26,691;. POLYGLOT BLAZON 829 Some curious allusions to the symbolical character of the charges in the Seton arms will be found in the Dedication to Sir John Seton of Garleton, prefixed to the Answer to De Rodon's Funeral of the Mass, and printed in the Appendix of Miscellanies. The following blazon, in English, French, and Latin, is from Nisbet's Collection of mss. in the Advocates' Library, 34. 3. 5 : — Atchievement of the Right Honourable George eighth of that name, twelfth Lord Setoun and fourth Earle of Wintoun, Is quarterly first or three crescents within a double tressure counter- flour'd gules (the paternall coat of Setoun), second, azure three garbs or (as a coat of pretention to the Earldom of Buchan), third as the second, fourth as the first, over all an Escochion azure charged with a blazon star within a double tressure counterfloured or (as a coat of augmentation assumed when this familie was honoured with the dignity and title of Earle), above the shield a crown and helmet suitable to his lordships qualitie, ensigned with a ducal crown in place of the Wreath, and thereon for a crest a Dragon vert spouting out fire behind and before, charged with a blazon star or on the wing ; supporters two martricks proper, collared and therto chaines affixed, passing betwixt their foreleggs and reflexed over their backs or, standing upon a compartment with these words therein ' Intami- natis fulget honoribus,' all within a manteau gules fringed or and doubled ermyne, on the laps therof the forsaid Blazon, and above all on an Escroll for motto, ' Hazard zit fordward.' Thus blazoned in French : — Ecartele au ier et 46me d'or a trois croissans enfermes dans un double trecheur fleuronn6 de gueules, au 2hme et 3™e d'azur a trois jarbs d'or et sur le tout d'azur a l'etoille d'or a huit pointes enferme dans un double trecheur fleuronne de mesure ; Timbre de la couronne et du casque de comtes cimier sur un heaume couronne est un dragon sinople jettant de feu et devant et d'arier. L'aile charge d'un etoile a huit pointes d'or, les sup ports duex martres. Et envelope du manteau de gules frange d'or et double de hermines. In Latin thus : — Gerit scutum quadripartitum, in prima et quarta area aurea tres lunulas rubeas (cornibus sursum versis) intra ejusdem coloris tractum duplicem utrinque liliatum ; in 2^ et tertia area caerulea tres fasces frumentarios ex auro ; medio scuti loco parmula imponiter cyanea stellam auream octo radiorum continens tractu duplice ejusdem coloris utrinque liliate inclusum. 830 'GENUINELY ARMIGEROUS PERSONS' Scuto imponitur corona comitale et super eam galea mitra ducali tecta que sustinet draconem viridem stella aurea in ala impressam et flamas ex anteriore et posteriore eructantem Lacinie circumfluunt ex coccinio et vellere muris armenij. The coats of the various cadets are given under their respective sections ; and numerous allusions to the arms of the Seton family will be found in the works of Alexander Nisbet, Henry Laing, and other writers on Scottish Heraldry. Two heraldic publications have recently appeared, in which the bearings of many important families are not embraced because they are not to be found in the Public Registers of Arms. The first of these is an Ordinary of Arms by Mr. James Balfour Paul, who now ably presides over the Scottish Heraldic Department ; while the second is a huge quarto of more than noo pages, besides 112 sheets of engraved coats of arms, entitled Armorial Families, by Arthur- Charles Fox-Davies. So far as Scotland is concerned, it is all but universally believed that, besides the valuable Register of Sir David Lindsay in the Advocates' Library, earlier armorial records at one time existed than any now in the Lyon Office ; x and even if that cannot be positively established, it is well known that many Scottish families who do not appear in either of the volumes in question have no difficulty in proving that they descend from ancestors who carried arms long before 1672, which is the date of the earliest official Register. In a review of Mr. Paul's work in the Genealogist for October 1893, the writer truly says : — ' What emphasizes the probability of the disappearance of other besides the present records in the Lyon Office is the absence of the arms of many well-known families of undoubted ancient lineage.' Mr. Fox-Davies appears to consider that 'the Herald proper,' who supplies novi homines with coats armorial, is a much more important personage than ' the man who simply writes books on Heraldry.' ' Genuinely Armigerous persons ' are printed in Roman type, while the bearers of what Mr. Fox-Davies terms 'bogus'2 coats are either honoured with italics or entirely ignored. He appears to place upon the same level families who have carried coats of arms for six or seven centuries — as established by charter seals and other good evidence — and men of yesterday who have procured armorial bearings from ' painter-fellows ' and ' heraldic stationers' for the modest sum of 3s. 6d., on the ground that the coats do not, in either case, appear in any public Register of Arms. Among the ' bogus ' fraternity — to confine myself to Scotland — we find the Marquises of Lothian and Tweeddale, the Earls of Dunmore, Newburgh, and Mans field, Viscount Strathallan, Lords Blantyre, Herries, Reay, and Ruthven, the Hon. Constable Maxwell-Scott, Sir Ralph Anstruther of Balcaskie, Sir Uthred Dunbar of Mochrum, Sir Archibald Edmonstone of Duntreath, 1 See Seton's Scottish Heraldry, p. 71. applied to counterfeit coin, and hence denoting 2 ' Bogus = spurious. A cant term originally anything counterfeit.' — Webster's Dictionary. TRUE ARMORIAL RIGHTS 831 Sir Arthur Grant of Monymusk, Sir Peter Halkett of Pitfirrane, Sir Reginald Ogilvy of Inverquharity, Sir James Ramsay of Bamff, the Right Hon. A. J. Balfour, M.P., William Garden Campbell of Troup, Murdoch Maclaine of Lochbuie, William Rutherfurd of Edgerston, Alexander Seton of Mounie, Henry Seton-Karr of Kippylaw, M.P., John Anstruther Thomson of Charleton, and Henry Scrymgeour Wedderburn of Birkhill, Hereditary Royal Standard-bearer of Scotland. In the Dedication to Lord Bruce (afterwards fourth Earl of Elgin) of his metrical Life of Robert Bruce, Mr. Harvey says : — 'Your noble family, my Lord, need not have recourse to the Herauld Office for a coat, or an escutcheon ; you have many a gallant field to furnish out the Device, and Bannockburn to distinguish the bearing.' The following sensible letter relative to the right of ancient Scottish Barons to bear arms, appeared in Notes and Queries, Sixth Series, vol. ii. P- 443 ••— ' I would draw attention to a class tolerably numerous, I fancy, who would be unwilling either to accept a grant of arms or to relinquish the use of those to which they conceive they have a right. I am one of such, and my case is this. My ancestor held the barony in Scotland from which they took their name, in the earlier part of the twelfth century, and probably even in the eleventh, and continued to hold it down to about 1645. Their arms may be seen on seals of the fourteenth century — probably on earlier ones — and on stone carvings of various dates ; but so far as I know, no registra tion of such arms was ever entered in the Scottish Heralds' book. Junior branches of the family became baronets in Scotland in the seventeenth century, and their coats, with differences, are, I believe, duly registered in the Lyon Office. I descend from a cadet of the original family who settled in Ulster about 1610-20, but who did not register his arms in the Heralds' Office in Dublin. I have, on old deeds, seals of the seventeenth century, with the simple coat, undifferenced, and my family have always used it unchallenged by any one. The Heralds may say that I have no right to bear it, but my opinion is that I bear it by a right which originated long before Heralds' Colleges or rules of heraldry existed. It is, of course, utterly unlikely that any legislation on the subject should take place ; but if there were any, such cases as mine ought to be duly considered. ' Scoto-Hibernicus.' 832 'TALL AND PROUD' IV. STATURE OF THE SETONS »N the Introduction and elsewhere I have referred to the fact of lofty stature being a characteristic of the family of Seton. Dr. Robert Chambers, in his Popular Rhymes of Scotland, etc., has an interesting chapter on Family Characteristics, in which the learned author enumerates, among others, the ' handsome Hays,' ' the haughty Hamiltons,' the ' light Lindsays,' ' the saucy Scotts,' the 'gay Gordons,' and the 'gallant Grahams ' ; while the Setons are described as ' tall and proud,' and a ' fair-complexioned race.' Some carious details of the family stature — for which I am mainly responsible — are given at the end of the same volume, which Dr. Chambers pronounces to be ' not unworthy of some attention from the ethnologist.' Brief allusion has already been made to the attribute of pride ; and accordingly I shall here confine my remarks to the physical characteristic of the Setons. Judging from the size and weight of his two-handed sword in my possession, Bruce's gallant brother-in-law, Sir Christopher Seton, was probably a man of commanding presence. ' With a sweep of this formid able weapon,' writes the munificent restorer of St. Giles' Cathedral, ' Sir Christell is said to have done immense execution ' ; and again, ' with the war-cry of Set on, Set on ! and a sense of protection from St. Bennet, the patron saint of the family, the Setons, in the olden times, rushed head long like a troop of giants on the enemy, carrying all before them.' x The earliest reference to the lofty stature of the family is by the transcriber of the Cupar ms. of Fordun's Scotichronicon, which I have quoted under the notice of George, third Lord Seton. In alluding to William, first Lord Seton, and the three succeeding generations, he says : — ' Hos quatuor milites ego, qui ha^c chronica collegi, bene cognovi, de (e ?) quibus tres primi statura proceri et valentes fuerunt.' In the appendix to the Glasgow edition of Sir Richard Maitland's House of Seytoun, there is an interesting notice of Alexander Seton, a Dominican Friar, Confessor to King James v., and afterwards chaplain to the Duke of Suffolk, by the Rev. Robert Wodrow. The Confessor, who died in 1542 — the same year as his sovereign — appears to have been a 1 Stories of Old Families — The Setons — pp. io, n, by Dr. William Chambers. PARBROATH AND OTHER BRANCHES 833 learned theologian, and is described as ' of a quick ingyne, and of tall stature.' Again, as we have already seen, Sir Richard Maitland informs us that David Seton, ' parson of Fettercairn,' and a younger son of Sir Gilbert Seton of Parbroath, who flourished in the reign of James iv., was 'ane large man of body as was in his dayis, and stout thairwyth ; the best lyk ageit man that evir I saw.' The American descendants of the Parbroath line appear to have inherited the characteristic of stature. I have men tioned (p. 305) that all the children of William Seton, who emigrated to America in 1763, were distinguished by their 'tallness and good looks'; and that his sister Elizabeth, mother of the two celebrated Miss Berrys (p. 301), is described by one of her daughters as ' a tall, thin young woman.' In a letter from Monsignor Robert Seton, dated 8th May 1883, he says : ' I am afraid that pride is still a characteristic of the race, even in demo cratic America ; but I know that tallness is. I am considered tall, and have even been described as such in one of our first New York newspapers, reporting a magnificent procession of Roman Catholic clergy at the opening of the new cathedral some years ago. My uncle Richard, who died on the coast of Africa in 1823, was familiarly called " The Giant," being six feet three inches on his bare feet. Other members of our family have also been far above the average height ; but you are aware, I presume, that our climate has a tendency to dwarf the European race.1 All our family are long-lived, frequently going into the seventies and eighties, and even sometimes into the nineties.' The characteristic of height is also displayed in the Preston branch of the family. The late Alexander Seton of Preston, who died in 1884, was close upon six feet. His eldest son — the present representative, who resides at Stockholm — is six feet one inch, while three of his four younger sons are each about six feet — the fourth being five feet nine inches, and the average height of his three sisters five feet seven inches. In Macky's Memoirs of his Secret Services (1733), under the notice of the first Duke of Gordon (paternally Seton), he says that ' he is very hand some, and taller than the ordinary size ' ; while, on the other hand, he describes the fifth and last Earl of Winton, as ' of low stature.' The present Marquis of Huntly is about six feet in height ; and while Major Alexander Seton of Mounie is about an inch above six feet, his father is five feet eleven inches, and his uncle David was five feet ten inches. An interesting illustration of the lofty stature of the Setons, towards the middle of the seventeenth century, turns up in the Dunfermline branch of the family. Upwards of forty years ago (185 1) I received from the late 1 In some cases, however, atmospheric condi- and mother were each six feet four inches in tions do not appear to exert a degenerating height ; while the average stature of their six influence. A few years ago a correspondent of sons was six feet five inches, and of their three the Ohio Citizen contributed to the editor an daughters, six feet three and a half inches. account of a remarkable family, of good social Several of the grandchildren were over six feet position, in Bourbon Co., Kentucky. The father six inches, and still growing. 5N 834 CARISTON LINE Mr. John Philipps, Chamberlain to the Earl of Moray, a 'memorandum' by James M'Farlane of Doune relative to the opening of the Dunfermline vault in Dalgetty Church, in the summer of 1822, when three 'openings formed of dressed stones ' were found, containing leaden coffins, covered by similar stones about eight feet in length. ' The first coffin examined was an Earl of Dunfermline (the third Earl), who died at the age of thirty-three, and must have been of large stature, as the skeleton measured 6^ to 6^ feet.' Other curious particulars are specified by Mr. M'Farlane regarding the older coffins— evidently those of the first and second Earls, — in which, however, no reference is made to the size of the skeletons which they contained. As we have seen (p. 670), the fourth and last Earl was ' a midle- sized man, weel fauoured, and high-nosed ' ; but the Chancellor (the first Earl) appears, from his likeness at Yester, to have been a tall man of fair complexion, while the full-length portrait of his son, the second Earl, by Vandyke, indicates a stature of upwards of six feet. Probably the Cariston branch of the family can furnish more examples of lofty stature than any of the other cadets. The earliest instance that I am able to specify is George, fourth Baron (c. 1637), whom I have already described as ' a man of large stature and fine accomplishments.' The family of Colonel William-Carden Seton, of the Connaught Rangers (grandson of Christopher Seton, second son of the fifth Baron), who was himself about six feet, were all considerably above the average height — his eldest son, Miles-Charles Seton, having been six feet two inches, and his sister, Mrs. M 'Alpine, about five feet nine inches. The family of Miles-Charles Seton, by his second wife (daughter of the second Viscount Sidmouth) — whose own height is very little short of six feet — presents a remarkable record. Five of the eight sons produce an average of six feet three inches, one of them being fully six feet five inches ; while the only son of one of these five (Malcolm C. C. Seton of Oriel College, Oxford) is six feet six inches. The average height of the three surviving daughters is five feet ten inches. Of the seven children of the seventh Baron of Cariston who reached maturity the 'dwarf (Mrs. Barland) was five feet ten inches; her sister Margaret — my paternal grandmother — having been close upon six feet, and her brother, Major Christopher Seton, six feet four inches. My father, as well as my paternal grandfather, were each only about five feet ten inches, but possibly the growth of the former may have been checked by his having gone to sea when little over fifteen years of age. My uncle, David Seton, was about five feet eleven inches, and my two aunts (Mrs. Blair and Mrs. Dawson) five feet eight inches and five feet ten inches respectively. Three of Mrs. Blair's sons were six feet three inches, six feet, and five feet ten inches respectively ; while Mrs. Dawson's only son is six feet two inches, and her second daughter was six feet. My younger sister, Mrs. Buchanan- Hamilton — whose husband is six feet — was five feet nine inches, all her three sons being upwards of six feet, of whom the youngest is six feet three inches. My own height is six feet five and a half inches (present weight TALL ENGLISH FAMILIES 835 fifteen stones five lbs.) ; my only son, a shade over six feet ; and my three daughters each about five feet eight inches. Lofty stature appears to have been a characteristic of the Hopes, the Sinclairs, and the Macleods,1 and also of several old English families, including the Mainwarings, the Herberts, the Actons, and the Ameses. Of the Mainwarings and Herberts I am unable to give any detailed parti culars. Speaking of the three intermarriages between members of his family and the Actons, Gibbon, in his Memoirs (i. 10), says : — ' I am thus connected by a triple alliance with that ancient and loyal family of Shrop shire baronets. It consisted about that time of seven brothers, all of gigantic stature ; one of whom, a pigmy of six feet two inches, confessed himself the last and the least of the seven ; adding, in the true spirit of party, that such men were not born since the Revolution.' From Genealogical Memoranda of the Family of Ames, by Reginald Ames, M.A., privately printed in 1889, we learn that Levi Ames of the Hyde, co. Beds, (born 1778, died 1846), fifth in descent from Matthew Ames of Doulting, co. Somerset, was six feet and a quarter of an inch, while his wife, Ann Bird Metcalfe, was five feet seven and a half inches in height. Of their two sons, Lionel, of the 1 7th Lancers, was six feet five inches, and Henry-Metcalfe six feet two and a quarter inches ; while the average height of their four daughters was slightly over five feet eight inches. By his wife, Augusta P. Wilson (five feet eight and one-third inches), Lionel Ames had six sons and one daughter, whose average height was upwards of six feet three inches, the daughter being six feet one inch, and two of the sons six feet seven inches and six feet eight inches respec tively, of whom the last, jocularly known, I believe, as the ' Baby of the British Army,' presents a magnificent aspect at the Holyrood levees and elsewhere, in the uniform of the Second Life Guards. In my Oxford days, the tallest undergraduate was Haughton Charles Okeover of Christ Church, now of Okeover — or, as we say in Scotland, of that ilk, — co. Derby, whose height is six feet seven inches, and for whom I was erroneously taken at Cannes, about six years ago ! The family of Okeover is said to have enjoyed the lordship of that name for upwards of seven hundred years. In reply to a recent communication on the subject, Mr. Okeover courteously informs me that his father, who died when he was an infant, was only the average height. ' I do not know,' he writes, ' that any of the Okeovers were remarkable in that line, and I believe that I inherit my height from the Ansons, on my mother's side. I was six feet at thirteen years of age, and afterwards grew seven inches, as you can remember me, fifty years ago, at Oxford. None of my children are much above the average height, and take more after their mother's family. I wish I could have given you more information on this interesting subject.' The only other tall Oxonians of the early forties that I can recall are Samuel 1 The Rev. Dr. John Macleod, commonly of the General Assembly in 185 1, was six feet called the ' High Priest of Morven,' Moderator seven inches in height. 836 FEMALE STATURE Reynolds Hole of Brazenose, the genial Dean of Rochester, six feet four inches, whose only son has the audacity to beat his worthy sire by some thing like three inches ; the late Hon. Henry Addington (brother of the Hon. Mrs. Seton), and the late Rev. John Home, both of Balliol College — each six feet three inches ; but, at a comparatively recent date, these were all completely eclipsed by Mr. Lascelles of Magdalen, commonly called ' The Magdalen Giant,' whose height is no less than six feet ten inches — two inches more, by the way, than that of Matthew James Higgins, better known as 'Jacob Omnium,' of the Times, of whom an interesting Memoir was published by the late accomplished Sir William Stirling- Maxwell. During a tour through the Spanish Peninsula in the autumn of 1878, I paid a visit to the interesting little Carthusian Monastery of Miraflores, near Burgos, where the chapel buttresses reminded me of Seton Church. My guide was one of the inmates, a diminutive monk of the Order of San Bruno, who asked me to accompany him to the vestry, in which he showed me the following mural record of a youthful Portuguese : — ' Talla de un Portugues de 19 ahos de edad, 1858.' I calmly requested him to mount a chair and mark the altitude of the ' short Scotchman ' below that of the Southern Goliath, whose height exceeded mine by nearly seven inches ! Not many years ago the tallest company in the British Army was the right flank company of the ist Battalion of Scots Guards, under the command of Colonel Barrington-Bulkeley Campbell, brother of Lord Blythswood. None of the ninety-three men on its roll were under six feet in height, of whom the tallest was slightly over six feet seven inches, while no fewer than twelve were above six feet four inches — the average height of the company being six feet two and a quarter inches. When 1 50 of the Queen's Scottish Body-guard— of which I have the honour to be the ' right-hand man ' — turned out, at the opening of the Edinburgh Exhibition in 1886, about one hundred of that number, or two- thirds of the whole, were six feet and upwards ! It is a frequent observation, in the present day, that lofty stature is a much commoner characteristic than formerly among the female population of the British Isles ; and, in the ball-room and elsewhere, tall women are continually noticed as the partners of comparatively short men. Medical practitioners and other competent observers usually attribute the develop ment in question to the more general indulgence, on the part of the softer sex, in out-dpor sports, such as tennis, golf, cricket, skating, and cycling ; and there appears to be a good deal of truth in that explanation of the altered circumstances.1 Among other aspects of heredity, Mr. Francis Galton has published some curious conclusions relative to the subject of stature. 1 For the supposed consequences of female oi family features will be found in Chambers's altitude see the Graphic for 27th January 1894. fournal for 5th July 1845. Some interesting remarks on the persistency FAMILY PORTRAITS 837 V. FAMILY PORTRAITS the preceding pages numerous references have been made to the Portraits of the Seton family. With regard to those pertaining to the Main Line we have seen that after the forfeiture of the fifth Earl of Winton in 17 16 — if not before that date — the family portraits were scattered to the four winds (p. 1 99 note) ; and since my boy hood I have endeavoured to trace as many of them as possible. So far as I am aware, there are no existing portraits of any of the Lords Seton except the seventh — the devoted adherent of Mary Stuart, of whom there appear to have been at least three, to which reference is made at p. 198. There also appears to have been a portrait of his wife, Isabel Hamilton (2 ft. 4 in. x 1 ft. 10 in.), as it is distinctly mentioned in a catalogue at Yester, but unfortunately it cannot now be identified. There are portraits of all the five Earls of Winton except the second, as well as several of the Countesses, to which reference has already been made. In the case of most of the Cadets similar references will be found under their respective notices, including Parbroath (p. 306), Kippilaw (p. 328), Touch (p. 350), Abercorn (p. 365), Preston (p. 374), Pitmedden (p. 483), Mounie (p. 491), Sutherland (p. 516), Aldourie and Woodhouse- lee (p. 566), Cariston (p. 617), Barns (p. 632), Dunfermline (pp. 656-8), Eglinton (p. 677), and Kingston (p. 730). A detailed list of all the portraits engraved in this work — including three pertaining to the Huntly line — will be prefixed to vol. i. It will be observed that the large majority of the most interesting portraits are at Duns Castle, Yester, and Touch. At Balcaskie there is a portrait of Lady Anne Seton, daughter of the Chancellor, and wife of Alexander, Viscount Fentoun, in a lace head-dress ; and not many months ago I saw at the house of Lieutenant-Colonel Mollerus le-Champion, in Redcliffe Square, an interesting little portrait, which was described as ' Lord Seytoun, page in waiting to Mary Queen of Scots,' which the Colonel purchased from a London picture-dealer. There are also a considerable number of portraits connected with the Setons at Traquair, of which the following is a pretty complete list : — 1. The Seton Family, by Antonio More, on panel, with only one male 838 TRAQUAIR CASTLE figure on Lord Seton's left — George, Master of Seton, who died in 1562, being omitted. The face of the daughter (Margaret) is very comely. 2. George, third Earl of Winton, in crimson robes trimmed with fur, holding a coronet in his right hand — flowing auburn locks, and apparently not more than forty years of age. 5 ft. x 3^ ft. 3. The Hon. William Seton, and 1 sons of No. 2. Both drowned 4. The Hon. Christopher Seton, J July 1648. On the back of No. 3 is 'Will: Seton, Windy Gowll.' 5. Lady Elizabeth Maxwell, only daughter of John, Lord Herries (who succeeded to the Earldom of Nithsdale in 1667), and second wife of George, third Earl of Winton, and her two sons. Taking them to Douay for their education, they all perished at sea. 7 ft. x 5 ft. 6. John, second Earl of Traquair, whose second Countess was 7. Lady Anne Seton, daughter of George, third Earl of Winton. 8. Lady Mary Seton, daughter of the third Earl of Winton by his second wife, and Countess of James, fourth Earl of Carnwath. 9. Lady Isobel Seton, wife of Francis, 1 daughters of the third Earl sixth Lord Semple, and | of Winton by his second 10. Lady Jean Seton, who died un- f wife. Both by Cornelius married, at. 25, J Janssen. Besides numerous portraits of Earls and Countesses of Traquair, the following may be mentioned : — John, second Earl of Perth ; Lady Lucy Douglas, wife of Robert, fourth Earl of Nithsdale, by Sir Godfrey Kneller; and the poet Dryden. Among other heirlooms are the cradle of King James vl, a large glazed case filled with miniatures, jewels, and articles of vertu, and a large box containing tapestry and embroideries. An interesting old library occupies two adjoining rooms. On an oak door at the bottom of one of the staircases is a quaint iron knocker under an Earl's coronet. The ancient castle of Traquair — where Queen Mary more than once resided, and probably the oldest inhabited house in Scotland — stands near the junction of the Leithen and the Tweed — ' a grey forlorn-looking mansion, stricken all over with eld.' On each side of the gateway is a huge ' Bradwardine stone bear ' — the armorial supporters of the family ; and in the immediate vicinity is the remnant of the ' Bush aboon Traquair,' rendered classical by Crawford's well-known song. ' The whole place,' says Dr. John Brown, ' like the family whose it has been, seems dying out — everything subdued to settled desolation. The old race, the old religion, the gaunt old house, with the small, deep, comfort less windows, the decaying trees, the stillness about the doors, the grass over-running everything — nature re-asserting herself in her quiet way — all this makes the place look as strange and pitiful among its fellows in the vale as would the Earl who built it three hundred years ago if we met him tottering along our way in the faded dress of his youth ; but it looks the Earl's house still, and has a dignity of its own.' On the death of the eighth Earl in 1861, in his eighty-first year, the title became extinct. His sister, Lady Louisa Stewart, continued to MR. CURTIS ON FAMILY PORTRAITS 839 possess the estates and to reside in the antique mansion till December 1875, when she passed away in the hundredth year of her age. The venerable gentlewoman was not depressed by the decayed fortunes of her house, or by the reflection that she was the last of her race. Cheerful and active, kind and charitable to the last, her stately manners were the natural accompaniment of her position and descent ; and, old as she was, her death caused sadness and regret throughout the whole of Tweeddale. The estates passed to the Hon. William Constable Maxwell, a younger son of Lord Herries, whose ancestor, the sixth Earl of Nithsdale, married his cousin, the fourth daughter of the fourth Earl of Traquair.1 In Mr. Curtis's charming little volume, Prue and I, is an interesting and amusing chapter entitled 'Family Portraits,' in which the following passages occur : — 'This,' says Minim Sculpin, with unction, 'is Sir Solomon Sculpin, the founder of the family.' ' Famous for what ? ' I ask respectfully. ' For founding the family,' replies Minim gravely, and I have sometimes thought a little severely. ' This,' he says, pointing to a dame in hoops and diamond stomacher, ' this is Lady Sheba Sculpin.' ' Ah ! yes. Famous for what ? ' I inquire. ' For being the wife of Sir Solomon.' Then, in order, comes a gentleman in a huge curling wig, looking indifferently like James the Second or Louis the Fourteenth, and holding a scroll in his hand. ' The Right Honourable Haddock Sculpin, Lord Privy Seal, etc. etc' A delicate beauty hangs between, a face fair, and loved, and lost, centuries ago — a song to the eye — a poem to the heart — the Aurelia of that old society. ' Lady Dorothea Sculpin, who married young Lord Pop and Cock, and died prematurely in Italy.' Poor Lady Dorothea ! whose great-grandchild, in the tenth remove, died last week, an old man of eighty ! Next the gentle lady hangs a fierce figure, flourishing a sword, with an anchor em broidered on his coat collar, and thunder and lightning, sinking ships, flames, and tornadoes in the background. ' Rear-Admiral Sir Shark Sculpin, who fell in the great action off Madagascar.' So Minim goes on through the series, brandishing his ancestors about my head, and incontinently knocking me into admiration. . . . But even Prue grants that Minim has some reason for his pride. Sir Solomon was a respectable man, and Sir Shark a brave one ; and the Right Honourable Haddock a learned one; the Lady Sheba was grave and gracious in her way ; and the smile of the fair Dorothea lights with soft sunlight those long-gone summers. The filial blood rushes more gladly from Minim's heart as he gazes ; and admiration for the virtues of his kindred inspires and sweetly mingles with good resolutions of his own. Time has its share, too, in the ministry, and the influence. The hills beyond the river lay yesterday, at sunset, lost in purple gloom ; they receded into airy distances of dreams and faery ; they sank softly into night, the peaks of the delectable mountains. Butl knew, as I gazed enchanted, that the hills, so purple-soft of seeming, were hard and grey and barren in the wintry twilight, and that in the distance was the magic that made them fair. So, beyond the river of time that flows between, walk the brave men and the beautiful women of our ancestry, grouped in twilight upon the shore. Distance smooths away defects, and, with gentle darkness, rounds every form into grace. It steals the harshness from their speech, and every word becomes a song. Far across the gulf that ever widens they look upon See Taylor's Historic Families of Scotland, ii. 83. 840 A FAMILY PORTRAIT GALLERY' us with eyes whose glance is tender, and which light us to success. We acknowledge our inheritance ; we accept our birthright ; we own that their careers have pledged us to noble action. Every great life is an incentive to all other lives ; but when the brave heart that beats for the world, loves us with the warmth of private affection, then the example of heroism is more persuasive because more personal. This is the true pride of ancestry. It is founded in the tenderness with which the child regards the father, and in the romance that time sheds upon history. . . . But let the love of the family portraits belong to poetry and not to politics. It is good in the one way, and bad in the other. The sentiment of ancestral pride is an integral part of human nature. Its organisation in institutions is the real object of enmity to all sensible men, because it is a direct preference of derived to original power, implying a doubt that the world at every period is able to take care of itself. The family portraits have a poetic significance ; but he is a brave child of the family who dares to show them. They all sit in passionless and austere judgment upon himself. Let him not invite us to see them, until he has considered whether they are honoured or disgraced by his own career — until he has looked in the glass of his own thought and scanned his own proportions. . . . But it is apart from any historical associations that I like to look at the family portraits. The Sculpins were very distinguished heroes, and judges, and founders of families ; but I chiefly linger upon their pictures because they were men and women. Their portraits remove the vagueness from history and give it reality — ancient valour and beauty cease to be names and poetic myths, and become facts. I feel that they lived, and loved, and suffered in those old days. The story of their lives is instantly full of human sympathies in my mind, and I judge them more gently, more generously. Then I look at those of us who are the spectators of the portraits. I know that we are made of the same flesh and blood, that time is preparing us to be placed in the cabinet and upon canvas, to be curiously studied by the grandchildren of unborn Prues. I put out my hands to grasp those of my fellows around the pictures. ' Ah ! friends, we live not only for ourselves. Those whom we shall never see will look to us as models, as counsellors. We shall be speechless then. We shall only look at them from the canvas, and cheer or dis courage them by their idea of our lives and ourselves. Let us so look in the portrait that they shall love our memories — that they shall say, in turn, " They were kind and thoughtful, those queer old ancestors of ours ; let us not disgrace them." If they only recognise us as men and women like themselves, they will be the better for it, and the family portraits will be family blessings.' From another — although a somewhat less poetic — point of view, the following lines by Mr. J. Williams, in the 79th volume of Temple Bar (1887), may perhaps be considered worth preserving : — A FAMILY PORTRAIT GALLERY. Just some thirty or so, All arranged in a row, Since about sixteen hundred and fifty ; No, the art is not high, There is good reason why, The Squires at the Hall were all thrifty. There 's a Kneller or two, And a Lely in blue, With bold eyes and plain signs of tight-lacing, Whilst the vacuous face Of a George the First grace From the canvas is sweetly grimacing. HEREDITARY TENDENCIES 841 Here a matron appears Of some forty odd years, In the splendour of patches and powder, While her daughter may wear But a rose in her hair, It was all that the painter allowed her. With a crook or a spade Two or three masquerade, In the dress of the farm or the garden ; Others gaze from green bowers, Holding baskets of flowers, And in hats that recall Dolly Varden. Here is one I should say Was a toast in her day, With a something quite modish about her, Not a doubt that her gown Was the talk of the town, Ere she grew less the ton and grew stouter. In the men there is seen A more countrified mien, And their faces have less of variety ; They are painted ' in pink ' As a rule, nor, I think, Did they err on the side of sobriety. Not a squire out of all Who have lived at the Hall Can have passed his existence austerely, Still they all look too staid For a brick or a blade, And they loved the old homestead too dearly. Quite content with their lot, The men hunted and shot, Little troubled with learning and Latin ; The dames simpered and sighed, And they lived, danced, and died, In the days of brocade and black satin. In the Quarterly Review for January 1895 there is an interesting article on Oliver Wendell Holmes, in which the writer remarks upon the influence of hereditary tendencies being illustrated in ' Elsie Venner ' and ' The Guardian Angel.' ' Holmes,' he says, ' compares the body in which we travel over the isthmus of life, not to a private carriage, but to an omnibus, filled inside and out with our ancestors. ... He recognised that the self- made man, who is " whittled into shape with his own jack-knife," is of necessity imperfectly made. He preferred the man of good birth who is descended from four or five generations of gentlemen and gentlewomen. Other things being equal, he liked the inheritor of family portraits better than the owner of the 25-cent daguerreotype.' 50 842 EARLY CHARTERS VI. CHARTERS, ETC., RELATING TO THE FAMILY OF SETON i. List of Early Charters made by the late Professor Cosmo Innes (c. 1 100-1557). jHARTER of Confirmation by Roger de Quincy, knight, Earl of Wintoun, to Saer de Settone, knight, of the lands of Tranent, in the sheriffdom of Haddington {twelfth century). Charter by the same to Sayer de Settone, son of Dugal, of five shillings and six pennies (nummos) of sterlings yearly, from the mill and mill lands of Tranent, belonging to the said Roger, for his service, and one good 'ligamen cum colerio ad unum cersitium,' for all other service. Witnesses : William de Bosco, Bernard de Repill, Duncan Sybald, William de Hay, and Robert de Bettone, knights. At Haddingtone, 5th August (twelfth century). Charter of Confirmation by King William the Lion to Philip de Settune (son of Saher), dated at Stirling, 11 69* (Maitland's House of Seytoun, page 17, and Lord Eglinton's Service to the Earldom of Winton, page 2). The words of the charter are as follows : — ' Willielmus Dei gra. rex Scotorum, episcopis, abbatibus, comitibus, baronibus, justiciariis, vicecomitibus, ministris, et omnibus probis [hominibus] totius terras suae, clericis et laicis, salutem. Sciatis presentes et futuri me concessisse, et hac carta mea confirmasse, Phillipo de Seytune terram qua? fuit patris sui, scilicet, Seytune et Wintune et Winchelburgh, tenendam sibi et haeredibus suis de me et haeredibus meis in feodo et hereditate ; in bosco et piano, in terris et aquis, in pratis et pascuis, et in omnibus earundem terrarum justis pertinentiis; cum sacca et socca, tholl et them, [et] infangentheif, cum furca et fossa ; libere quiete plenarie et honorifice, per seruitium vnius militis. Testibus, D. Dauide fratre meo, comite Dunecano justiciario, Ricardo de Moruill constabulario, Waltero Olefer justiciario, Alano dapifero, Waltero de Bercly camerario, Willielmo de Lind., Ricardo de Humphraville, Joanne de London ; Apud Striviling.' Charter of Confirmation by King William the Lion to Alexander, son of Philip de Settune, dated at Forfar, 16th June n 70. — Ibid. Charter by Alexander de Settone of that ilk to Adam de Pollilway, with Emma, the granter's sister, in marriage, of all the lands of Beth, in the shire of Fife, to them and the survivor of them, and the heirs procreated between them : rendering therefor yearly to the granter twelve shillings, viz., six shillings at the feast of Michaelmas, and six shillings at the feast of Easter : on account of which they shall have the merchets, and all the forfeits, excepting those which belong to the crown of our lord the King. Witnesses : David, son of the Earl, Humphrey de Balioll, William de Balfour, William de Grahame, and Constantine de Locher, knights, with many others of good faith. Dated at Dunfermline 5th May 1171 (?). Confirmation by King William of a charter granted by Patrick de Dunbar, Earl of" March, to Bertram, son of Alexander de Settone, of the lands of Richelkellach, by their right bounds, according to which Adam held the lands before, with increase to the farthest way of Stevenstone and Salowhild, saving the King's service : with all privileges, as the said Earl held the same. Witnesses : William, Bishop of Glasgow, chancellor, William de Hay, Philip de Landyne, Ranulph Soullis. At Stirling, 22nd February, seventh year of the King's reign (1172). — Lord Eglinton's Service, p, 2. Confirmation by King William of a charter granted by Patrick, Earl of March, of certain tofts in the town of Tranent. * Engraved at p. 68 sufra. CHARTERS BY ROBERT I 843 Charter by Roger de Quincy, Earl of Wintoun, and Constable of Scotland, to Master Adam de Settone, of the ward of the whole land which belonged to Allan de Fausyde, which he held of the granter, and the marriage of the eldest son and heir of the said Allan, and the marriage of Agnes, his relict. Witnesses : Sir Alexander de Settone, knight, Bernard de Rippell, William de Bosco, Duncan Sybald, Gilbert de Thirnby. In the year 1 246. — Maitland's House of Seytoun, page 92. Charter by Robert, King of Scots, narrating that Christopher de Settone, his beloved brother-in-law, died in the royal service ; and Christian de Bruys, his spouse, and the King's sister, founded and built a chapel in honour of the cross of the Lord in the place where he died, near Dumfries ; therefore the King, on account of the good-will and love which he had, not undeservedly, towards the said Christopher while he lived, grants and confirms to one chaplain, to be presented by the King and his heirs, Kings of Scotland, for ever, to celebrate divine service in the said chapel, for the soul of the said Christopher, and for the souls of all the faithful, one hundred shillings of sterlings of annual rent, in free, pure, and perpetual alms-gift, to be levied by the hands of his Majesty's sheriff of Dumfries, and his bailies who shall be for the time, from the annual rent due to the King out of the barony of Carlaverocke. Dated at Berwick upon Tweed, the last day of December, the nineteenth year of the King's reign (1325). — Sir Lues Stewart 's Collections, 150. Charter of Donation by John de Strauchyne to Sir Alexander de Settone of that ilk, knight, for his vital service against all mortals, the King and his heirs excepted. At Perth, 7th August 1309 (?). Charter of Confirmation by Robert the Brus, King of Scots, to Sir Alexander Settone, knight, of the tenement of Halsingtone in the shire of Berwick. At Colbranspeth, 1320; confirmed at Perth in the sixteenth year of the King's reign (1322). Charter by Robert the First, King of Scots, to Sir Alexander Settone, knight, for his good service performed in Ireland and Scotland, of the lands of Barnes, and the east mill of Haddington. Witnesses : William Bishop of St. Andrews, Duncan Earl of Fife, Thomas of Randolph, Earl of Moray, Lord of Annandale, Lord of Douglas. At Berwick upon Tweed, the 26th of March, in the fourteenth year of the King's reign (1320). Charter by Robert the First, King of Scots, to Alexander de Settone, of the barony of Elphingstone in Lothian. At Scone, 10th July, sixteenth year of the reign (1322). Charter by Robert the First, King of Scots, to Sir Alexander of Settone, knight, granting that he and his heirs should have the lands of Settone in free warren and forest for ever, and therefore prohibiting every one from cutting (wood), hawking, hunting, or fishing, in the lochs, rivers, or pools belonging to him, without licence of the said Sir Alexander and his heirs, under pain of forfeiture. At Berwick, 16th April, sixteenth year of the King's reign (1322.) Charter by Robert the First, King of Scots, to Sir Alexander Settone, knight, of the lands of Barnes, in the sheriffdom of Edinburgh, in free barony ; doing therefor to the King and his heirs the service of two bowmen for the army, and three suits of court at the King's court of Hadingtone, at the three head pleas to be held there yearly, for all other services. At Berwick upon Tweed, 10th April, sixteenth year of reign (1322.) Charter by the same to the same of that part of the barony of Tranent in the constabulary of Haddingtone which belonged to the late William de Ferreirs, knight, with the tenandry of the whole land of Fawside ; also the whole lordship of the land of Mylles. Witnesses : Bernard,' Abbot of Arbroath, chancellor, James, Lord of Douglas, John de Menteith, Gilbert de Hay, constable. Given at Berwick upon Tweed, 10th April, sixteenth year of reign (1322). Charter by King Robert the First to Sir Alexander Settone, knight, of the whole lordship of Dundass, and one ploughgate of land of the Queensferry, pertaining to the said lordship : also the lordship of all the land of Western Cragyne, in the shire of Edinburgh : doing there for the services due and wont. Given at Berwick upon Tweed, 13th April, sixteenth year of reign (1322). Confirmation by King Robert the First of a charter of donation by Patrick, Earl of March, to Sir Alexander Settone, of the whole tenement of Halsingtone in the shire of Berwick. At Colbranspeth, the Monday after the feast of Barnabas the apostle, in the year 1320 : confirmed at Perth in the sixteenth year of the King's reign (1322). Charter by King Robert the First to Sir Alexander de Settone, knight, of the whole 844 CHARTERS TO ALEXANDER DE SETON lordship of the land of Elphingstone in the shire of Edinburgh. At Scone, ioth July, six teenth year of the reign (1322). Charter by King Robert the First to Sir Alexander de Settone, knight, granting that he should have his toun of Settone in free burgh, with a market to be holden in the same on each Lord's day. Witnesses : Duncan, Earl of Fife, Walter, Steward of Scotland, Patrick, Earl of March, and James, lord of Douglas, knights. At Dunfermline, 16th January, eighteenth year of reign. — Maitland's House of Seytoun, p. 93. Charter by the same to the same of a piece of land in the burgh of Aberdeen, which belonged to William Marischal, burgess of said burgh. At Aberdeen, 8th April, nineteenth year of reign. Resignation by John Lamberton to Sir Alexander Settone, knight, of one acre of arable land of the territory of Nidriffe. At Winchburgh, 16th February 1328-9. Resignation by John de Lambingstone to Sir Alexander de Settone of that ilk, knight, of the lands of Lambingstone. Witnesses : William de Forsyth, John de Linlithgow. At Winchburgh, 1328. Confirmation by King Robert the First of a charter of donation by John de Vallibus to Sir Alexander de Settone, of the lands of Gogar, in the shire of Edinburgh. Charter by King Robert the First to Sir Alexander de Settone of the husband-lands in the town of Nidriffe which belonged to the late Alan la Such. Charter of Donation by Sir Alexander de Settone, knight, for the welfare of his soul, and the souls of his predecessors, and for the souls of his heirs and successors, granting to God and the blessed Mary, and Saint Francis, and to all the saints, and to the Friars Minors of Haddingtone, for the help of the ornaments and vestments of the said church, twenty shillings, to be taken yearly from the fermes of the mill of Barnes. Dated at Dunbar, in the feast of the nativity of the Lord, 1337. Charter of Donation in pure alms by Alexander Settone of that ilk to the monasteries of Haddington, of twenty shillings yearly from the mill of Barnes. At Edinburgh, in the feast of the nativity of the Lord, 1337. Confirmation by David the Second, King of Scots, of a donation by Thomas Vitchard to Sir Alexander de Settone, knight. The confirmation is dated at Dumbarton, 30th September, tenth year of the King's reign (1339). Charter by Thomas Vitchard of Nidriffe to Sir Alexander Setton, knight, of a carucate of land in the town of Nidriffe which belonged to the granter's mother. Witnesses : Sir Robert, Steward of Scotland, then keeper of the kingdom, Sir Eustache de Maxwell, and William de Levingstone, knights. At Settone, 8th September 1339. Charter of Donation by John de Dunbar, Earl of Moray, lord of Annandale and of the Isle of Mann, to Sir Alexander Setton, knight, of the lands of Collodoune in Moray : rendering therefor to the granter one pair of gilded spurs, for all other service and relief. The witnesses are Sir Andrew de Moray, panetar [?] of Scotland, Alexander de Moubray, Ranulph de Soullis, and Thomas de Erskyne, knights, William de (Douglas), and Laurence de Preston. Charter by Patrick, Earl of March and Dunbar, to Alexander de Settoune of that ilk, of the lands of Ruchland. Charter by Allan de Hertsheved to Alexander de Settone, lord of that ilk, of the whole land of Hertsheved, with warrandice against all men and women. Witnesses : Robert Lauder, justiciar of Lothian, John de Giffard, lord of Yester, and Sir Thomas de Moray, knights. Charter by William de Morvell, lord of Lauderdaill and Constable of Scotland, to William de Hertsheved, of the land which Heden Steming held in the granter's town of Hertsheved. Witnesses : Christian, spouse of the granter, William Marischall, Peter de la Hay, Albin the chaplain, Duncan, son of Earl Duncan. (Without date ; a similar charter found among the Wintoun papers in Exchequer, 1810.) Confirmation by William, first Lord Settone, of a donation by David de Annand, knight, to Patrick de Halwick, warden of the friars of Haddingtoun, which was given to them by the said Sir David's predecessors, of as many coals as they can burn for their own use, from his town and barony of Tranent. Dated at Mylles, 26th November 1380; confirmed at Setton, with consent of John, son and heir of the said Lord William, 6th October 1404. Charter by William, Lord Settone, to his beloved and special Patrick Gray, of all and sundry lands in the tenement of Langnidyrie in the granter's barony of Tranent : rendering CHARTERS AND OTHER WRITS 845 therefor, yearly, the said Patrick and his heirs to the granter and his heirs, one pair of white gloves or two pennies of silver, in name of blenchferme, at the town of Tranent. At Settone, 6th January 138 1-2. Witnesses : John of Dunbar, Earl of Moray, James de Lindesay, Lord of Craufurd, Sir John Lyone, Chamberlain of Scotland, and Sir John Edmenistone, knights. Confirmation by Robert the Third, King of Scots, of a charter by William, Lord Settone, to his son and heir, John de Settone, and Catherine de Saint Clar his spouse, of ^40 of the lands of Barnes. Witnesses : Walter, Bishop of St. Andrews, Robert, Earl of Fife and Menteith, the King's brother, Archibald, Earl of Douglas, lord of Galloway, James Douglas, lord of Dalkeith, and Thomas de Erskyne, knights, the King's kinsmen, and Alexander Cockburn of Langton, keeper of the great seal. At Edinburgh, 8th March, third year of reign (1392-3). Charter by Archibald, Earl of Douglas, to his dearest cousin John, Lord Setton, son of William, late Lord de Settone, of the lands of Altham in the barony of Roxburgh. Witnesses : Sir William Lindesay, lord of Byres, William de Hay, William de Abernethy, John Edmonstone, and William de Borthwick, knights. At Edinburgh, 4th March 1409-10. Confirmation by Robert, Duke of Albany, Earl of Fife and Menteith, Governor of the kingdom of Scotland, to his beloved cousin John de Settone, knight, of the whole lands and baronies of Tranent and Settone, and the whole lands of Winchburgh. Witnesses : Henry, Bishop of St. Andrews, William, Bishop of Glasgow, Archibald Earl of Douglas, Alexander Earl of Mar, Gilbert, Bishop of Aberdeen, Chancellor of Scotland, George de Dunbar Earl of March, James de Douglas, lord of Dalkeith, William, Lord de Graham, John, Steward of Lome, and Andrew de Hawyk, secretary to the Duke. At Edinburgh, 14th March 1410, and of his government the fifth year. Discharge by George Dunbar, son and apparent heir of George, Earl of March, to John, Lord Settone, for three hundred merks Scots, given in tocher with his sister Janet. Dated at Dunbar, 3rd March 1413-14. Resignation by John de Annand to his reverend and superior lord, John, Lord Settone, of the lands of Mylles. Witnesses : Archibald de Edmistone, knight, and William, his son and heir, William de Annand, the resigner's cousin, John and Hugh de Lindesay, esquires. At Edinburgh, 28th November 142 1. Ratification of a testificate produced before the provost and bailies of Edinburgh by Margaret Stewart, daughter and heir of the late mighty and potent lord, Sir John, Earl of Buchan, Constable of the kingdom of France, and spouse of a great and noble lord, George, Lord Settone, under the great seal of France, and subscribed with Charles, King of France, his own hand, wherein he ordains the said Earl of Buchan to be captain of a company of gentlemen, to the number of an hundred and fifty, all Scotsmen, for guarding of the person of the said King ; and for encouraging of him to continue in his good service to the crown of France, he gives him a yearly pension of three thousand crowns, to be paid furth of the county of Soysons, together with the county of Vallans, for his valorous assistance of the said King with a thousand Scots against the English at the battle of Alencourte (sic). This deed is dated at Paris, 9th December 1424. The grant is registered in the public records of the city of Edinburgh, and extracted under the seals of George Fauside, provost, and John Lamb, bailie, and the town's common seal, 1 6th February 145 1-2, before these witnesses : James, Earl of Moray, James Edmonstone of that ilk, knight, William de Preston, lord of Craigmillar, Alexander Napier of Philpde (?), with many others of worthy, honest name, and also from among the great company of the burgesses assembled together. Indenture betwixt Colin, Earl of Argyll, Lord Campbell, on the one part, and George, Lord Setton, on the other part, wherein the said Colin takes burden on him for his daughter Marionna, of the age of twelve years, and in case of her decease before the solemnising of marriage with the said Lord Settone, then he obliges to give him in marriage his second daughter, Helena, and with her 1000 merks of tocher. Dated at Edinburgh, 14th September 1469. Retour of the service of George, Lord Settone, as heir to George, Lord Settone, his grandfather, in the lands and superiorities of Munte and Johnstoune in the shire of Perth. Dated at Perth 25th June 1482. Indenture between George, Lord of Settone, on one part, and Patrick Cockburn, burgess 846 INDENTURES, RETOURS, ETC. of Haddington, on the other, whereby the said Lord Settone sells to the said Patrick his whole tenement of land lying in the said burgh, to be held for the burghal ferme due and wont to the King, and five shillings of annual rent to the parish church of Haddington ; also to the warden and convent of the Minorite Friars of Haddington, six shillings and eight pennies of annual rent. The witnesses are John Settone, brother-german of the said Lord, Sir Antony Mouraffe, rector of Settone. At Settone, 7 th April 1491. Retour of the service of George, Lord Settone, as heir, to Dame Christian Lindsay, his mother, in the dominical lands of Winchburgh. At Linlithgow, nth March 1496. Retour of the service of George, Lord Settoune, to George, sometime Lord Settone, his father, in the lordship, baronies, and lands of Settone, Wintoun, and Tranent, with the towers and fortalices thereof. Expede in the court-house of the burgh of Haddington, 17th October 15 13. Procuratory granted by Lady Janet Hepburn, Lady of Settone, widow and relict of George, sometime Lord Settone, for uplifting several annualrents due to her. Dated 20th April 1541. Charter by Lady Janet Hepburn, widow of George, Lord Settone, of twenty merks from her lands called Spens lands in Fortoun, for building the north part of the collegiate church of Settone. At the Monastery of the Sisters of Schenis, near Edinburgh, 20th April 1541. Charter of Foundation of the collegiate church of Settone, by Janet Hepburn, daughter of the late noble and potent lord, Patrick, Earl of Bothwell, Lord Haills, etc., and Lady Settone, widow of the noble and potent lord, George, Lord Settone, whereby in her pure widowhood, for the praise and honour of God Almighty, Father, Son, and Holy Spirit, and of the blessed Virgin Mary, mother of our Lord Jesus Christ, and of all the sainted men and women, patrons of the collegiate church of Settone; and for the increase of divine service in the same ; for the safety and healthful and prosperous estate of the serene princess, Mary Queen of Scots, and of her predecessors and successors ; also for the weal of her own soul and the soul of George, her son, the present Lord, and for the soul of her late spouse, George, also sometime Lord Settone, she gives and confirms in pure almsgift, for the support of two chaplains, all her lands, conquest in her pure widowhood, namely, the Templar lands called Spenslands, lying in the town of East Fortoun, within the sheriffdom of Edinburgh and constabulary of Haddingtone : and all and whole her Templar lands of Settone, etc. : paying therefor the said chaplains to the Lord of St. John, preceptor of Torphichen, the annual rents and services due to him from the Templar lands of East Fortoun, Settone, and Wester Duddingstone, as is more clearly contained in the charters of the said lands. In faithful testimony of all which, her own seal, together with that of her dearest son, George, Lord Settone, are appended, with their manual subscriptions, before these witnesses : Sir Adam Otterburn of Redhall, knight, Mr. Thomas Wymes, Alexander Gibson, notary, etc. Charter of Confirmation of this foundation by John Hamilton, Archbishop of St. Andrews, under his subscription manual and round seal, At Edinburgh, 20th July 1556, and tenth year of his consecration. Retour of the service of George, Lord Settone, as heir to his father, in the lands of West Nidriffe. Expede in the court-house of the burgh of Linlithgow, 19th May 1550. Retour of service of the said George, Lord Settone, as heir to his father, in the barony of Winchburgh. At Edinburgh, 5th October 1557. Letter by King James the Sixth to the King of France, with congratulations on the ancient alliance between the two kingdoms, which in troublous times had remained unbroken, and intimating his desire for a renewal of the treaty of friendship between them, for which purpose, with consent of his council, he sends his beloved cousin George, Lord Settone, one of his council, as his ambassador, with full power to. conclude the matter. Dated at Stirling Castle, 26th October 1583. Signed by the King, the Earls of Morton, Montrose, March, Gowry, Rothes, Argyll, Bothwell, Huntly, Marischal, Craufurd, and the Lords Newbotle, Thirlestane, Daer, Douglas, Herries, Ogilvy. REGISTER OF GREAT SEAL 847 2. Register of Great Seal} Confirmation by King James the First of the charter of alienation granted by John of Seton, knight, to John Forestare of Corstorfyne, knight, of an annual rent of ioo merks and 43 pennies from the lands of the said John Forestare in Langnudre, which belonged before to the late John of Haliburton, and Nicholas of Erskyne, knights. The reddendo is one penny of silver yearly in name of blench ferme, payable to the granter. Dated at Edinburgh, 15th July 1424. — Lib. ii. No. 20. William of Seton, son and heir of John of Seton, lord of that ilk, is witness to a charter by Archibald, Earl of Wygtoun, confirming a charter of the late Archibald, Earl of Douglas, to John of Heriot of Trabroun, of the lands of Trabroun. Dated at Edinburgh, 2nd December 1423. — Lib. ii. No. 10. Confirmation by the King of charter by John of Seton, knight, lord of that ilk, and lord of the barony of Winchburgh, to James of Dundas, son and heir of James of Dundas of that ilk, the King's esquire, of the lands of Dundas. At Setoun, 29th November 1423. — Lib. ii. No. 1. Gilbert of Setoun, esquire, lord of Haystoun, is witness to charter by Archibald, Earl of Douglas, and of Longueville, to Adam Forman his esquire, of the lands of Hutoun in Ber wickshire. At Perth, 15th March 1425-6. — Lib. ii. No. 70. Confirmation by King James the Second of charter by George of Setoun, lord of that ilk, knight, to Robert of Setoun, for his homage and faithful service, of the lands of East Bernys, in the constabulary of Haddington and shire of Edinburgh : To be holden to the said Robert and the heirs-male of his body ; which failing, to revert wholly to the said George and his heirs whatsoever. At Edinburgh, 12th December 1438. Witnesses: Sir Alexander of Setoun, lord of Gordon, knight ; Sir William of Crichtoun, lord of that ilk, knight ; David of Dunbar, lord of Cokburne, knight ; James of Hamiltoun, of Fingaltoun, knight ; John of Fawsyde, lord of that ilk ; James, his son ; Michael of Hirdmanstoun, notary. Confirmed at Stirling, 18th September 1439. — Lib. iii. No. 121. Confirmation by King James the Second of charter by George, lord of Setoun and of Langnudre, knight, granting to Lady Katerine of Setoun, relict of the deceased Sir William of Setoun, lord of that ilk, grandfather of the said George, the lands of that tenandry or husbandry of 6 merks and 40 pennies, in the territory of Langnudre, on the east side of the stream of Langnudre, in the constabulary of Hadingtoun and shire of Edinburgh, in excam- bion for her reasonable third part of the lands of Lowstoun and Kynwed in the shire of Perth. At Setoun, 20th June 1449. Witnesses : John of Saintclair of Hirdmanstoun, Alexander of Setoun, esquires, etc. Confirmed at Edinburgh, 28th March 1450. — Lib. iv. No. n. Confirmation of charter by John of Haliburtoun, lord of that ilk, to John of Achtinlek, son and heir of the late Sir James of Achtinlek, of that ilk, knight, for his counsel and help, of an annual rent of 50 merks from the barony of Tranent, as well of lands as of coalheuchs, as in the charter of Sir William of Setoun to the late Sir Walter of Haliburtoun, father of said John of Haliburtoun,^of the said annual rent, is more fully contained: To be holden to the said John of Achtinlek, from the granter, of the King, until Sir George of Setoun, lord of that ilk, knight, or his heirs, shall have paid to the said John of Achtinlek, or his heirs, in the parish church of Gulyne, the sum of 500 merks. Dated at Edinburgh, 17th October 1449. Confirmed 26th October 1450. — Lib. iv. No. 125. Confirmation by King James the Second of charter by George, Lord Setoun, to Sir William, Lord Crechtoun, Chancellor of Scotland, for his counsel and help, of the lands of Wyntoune, in the barony of Setoun. (Incomplete.) 1451. — Lib. iv. No. 195. Charter by King James the Second to George, Lord Seitoune, of the lands of Hertished and Clentis, in the shire of Berwick, which were resigned by the said George : To be holden to him, and Cristiana his spouse, and the survivor of them, and the heirs-male procreated between them ; which failing, to the heirs whatsoever of the said George — rendering therefor yearly one penny in name of blench ferme. Dated at Edinburgh, 8th January 1458-9. — Lib. v. No. 45. 1 The purport of a good many of the following of the entries in the record, although this course writs has already been given, but I have considered necessarily involves some repetition. it desirable not to break the chronological continuity 848 REGISTER OF Confirmation by King James the Third of charter by John, Lord Setoune, ratifying the grant made by Sir Robert of Creichtoun lord of Sanquhare, to Robert Charteris, lord of Amysfelde, of 13 mercates of land in the town of Langnudre. At Edinburgh, 17th October 1463. Confirmed same day. — Lib. vi. No. 132. Confirmation by King James the Third of charter by George of Balfoure of Mun- quhanny, to James Balfoure his son, and Margaret Setoun his spouse, of the lands of Bellow (?) in Fife, which the said James resigned at the toun of Achtermunsy : To be holden in conjunct fee from the granter of the King. Dated at Achtermunsy, 27th March 1467. Witnesses : David Lindissay of Mont, William Setoun, John Setoun, Gilbert Setoun, David Setoun. Confirmed at Edinburgh, 3rd April 1467. — Lib. vii. No. 113. Charter to George, Lord Gordon, and his heirs, of the lands of Culsawarty, and forests of Bonye and Aynze, in the shire of Banff, resigned by Alexander Setoun of Tulybody. At Edinburgh, 21st May 1470. — Lib. xiv. No. 349. Charter to Alexander Setoun of Parbroith, and Katerine of Creichtoune his spouse, of the half of the lands of Leuchland, and an annualrent of 20 shillings from the lands of Bal- birny, in the lordship of Brechin and shire of Forfar ; on resignation by the said Alexander. Dated at Edinburgh, 8th January 1472-3. — Lib. vii. No. 275. Confirmation by King James the Third of charter by George, Lord Setoun, of the feu of the lands of Hertside, by which he granted to Hugh Douglas of Borg, and Cristiane his spouse, the lands of Clints, and three-quarters of the lands of Nether Hartside, in the lord ship of Lauderdale and shire of Berwick, — for the marriage contracted between the said Hugh, and Cristiane, daughter of the said George, Lord Setoun : To be holden to them and the heirs of the marriage for one penny yearly in name of blench ferme. Dated at Setoun 15th July 1478. Witnesses: James Setoun, etc. Confirmed at Edinburgh, 26th January 1478-9. — Lib. viii. No. 139. Confirmation by King James the Third of a donation by George, Lord Setoun, with consent of Cristian of Murra his spouse,1 to the church of the Predicant Friars of Edinburgh, of an annualrent of 20 merks out of the lands of Hertishede and Clynts in the shire of Berwick, for the weal of the soul of King James the Second, etc. At Edinburgh, 14th May 1473. — Lib. vii. No. 289. Confirmation by King James the Third of charter by Robert, Lord Maxwell, to Lady Katerine of Setoune, his mother, wife of the late Sir Herbert, lord the Maxwell, knight, of the lands of Carnsolach and Dursquen in the shire of Dumfries, in one free lordship. Dated at Carlaverok, 20th March 1456-7. Confirmed at Edinburgh, 12th January 1475-6. — Lib. vii. No. 362. Confirmation by King James the Fourth of charter by Alexander Setoun of Meldrum to William his son and apparent heir, and Elizabeth Lesly his spouse, of the lands of Balcarne, in the lordship of Meldrum. At Aberdene, 12th July 1490. Confirmed at Edinburgh, 15th March 1490-91. — Lib. xii. No. 287. Confirmation by King James the Fourth of charter by George, Lord Setoun, to Robert Vans, burgess of Edinburgh, of the lands of Monyvy, Lowstoun, and Kynvaid, in the shire of Perth. At Edinburgh, 27th November 1493. Confirmed 24th December thereafter. — Lib. xiii. No. 97. Confirmation by King James the Fourth of charter by Peter Petblado of that ilk to Thomas Grundistoun of Kyngask, and Isabella Setoun his spouse, of the lands of Kyngask, in the lordship of Petblado and shire of Fife. At Edinburgh, nth April 1495. Witnesses : Mr. David Setoun, rector of Fethircame, John Setoun of Lothrisk, etc. — Lib. xiii. No. 150. Charter by King James the Fourth to John Setoun, son of John Setoun and Jonet Louthreisk, of the lands of Wester Louthreisk, Cuthland, and Dernok, lands of Orky, with mill thereof, and fourth part of the lands of Easter Louthreisk, in the shire of Fife — reserving the frank tenement to the said Jonet, and John Setoun her spouse. Dated at Edinburgh, 1 ith April 1495. — Lib. xiii. No. 151. Charter by King James the Fourth to Alexander Setoun of Meldrum, and Muriella Sutherland his spouse, of the lands of Yonyr, Auld Meldrum, and mill of Cromlat, in the lord ship of Meldrum and shire of Aberdene, following on the said Alexander's own resignation. At Aberdene, 12th November 1499. — Lib. xiii. No. 620. 1 Second wife of third lord. GREAT SEAL 849 Charter by King James the Fourth to his familiar knight, Alexander Setoun of Tulch- fresall, and his heirs, of the lands of Burncastle, in the lordship of Lauderdale, which William Furd resigned. At Strivelin, 22nd December 1502. — Lib. xiv. No. 71. Charter by King James the Fourth to George, Lord Setoun, of the fourth part of the lands of Bynnyng, with the principal mansion and garden of the same, in the shire of Linlithgow, which were apprised from John Bynnyng of that ilk, and were sold to the said Lord Setoun. At Edinburgh, 14th July 1503. — Lib. xiii. No. 587. Charter by King James the ' Fourth to Mungo Setoun, son of Alexander Setoun of Perbroth, of the half of the lands of Luchland, and 20 shillings of annualrent of the lands of Balbirny, in the lordship of Brechin and shire of Forfar, which the said Alexander and Katerine Creichtoun his spouse resigned, reserving their frank tenement. Dated at Edinburgh, 7th October 1498. — Lib. xiii. No. 400. Charter by the King to Thomas Coupland, for his good service, of the half of the lands of Udach, Ardris, Auchry, Buchquhanyoquhy, etc., in the barony of Kinedward and shire of Aberdene, which were a tenandry of the said Thomas, and formerly held of the said barony ; and which lands and barony were adjudged to the King by reason of non-entry by the decease of John, Earl of Buchan, Constable of France, Chamberlain of Scotland, and baron of Kinedward ; and which George, Lord Setoun, who was heir thereof, and had obtained brieves of chancery for recovery of the same, afterwards renounced for ever. At Striveling, 15th August 1505. — Lib. xiv. No. 140. Charter by King James the Fourth to George Seytoun, son and heir-apparent of George, Lord Seytoun, and Jonet Hepburn, spouse of said George, younger, of the ^40 lands in the toun and territory of Seytoun, in the shire of Edinburgh and constabulary of Hadington ; all which were resigned by the said Lord Seytoun. Dated at Edinburgh, 25th January 1506-7. — Lib. xiv. No. 419. Charter by King James the Fourth to George, Lord Setoun, and Jonet Hepburn his spouse, of the lands of Wyntoun, with manor, fortalice, orchyards, yards and mills, lying in the barony of Seytoun, as a pendicle thereof; also the lands of the mains of Myllis, with manor thereof, in the barony of Tranent, as a pendicle of the same ; which lands the said George resigned : To be holden to him and his said spouse, and the survivor of them in conjunct fee, and to the heirs of their marriage ; which failing, to the heirs whatsoever of the said George, heritably — reserving the coalheughs, with power to make new coalheughs in places necessary within the said lands, where no damage to the manors may follow. Dated at Edinburgh, 6th April 1508. — Lib. xv. No. 5. Confirmation by the King of charter by Alexander Setoun of Tulibody, knight, by which he sold to Alexander, Earl of Huntlie, his lands of Fothirty, with mill and brewhouse thereof, in the earldom of Ross. Dated at Invernys, 27th July 1509 (sic). Adam Gordon of Obyne is a witness. Confirmed at Jedburgh, 4th December 1508. — Lib. xv. No. 141. Charter by King James the Fourth to George, Lord Seytoun, and Jonet Hepburn his spouse, of the lands and barony of Bernis, called East and West Bernis, following on their own resignation. Dated at Edinburgh, ist February 1511-12. — Lib. xviii. No. 12. " Charter by King James the Fourth to John Setoun, grandson (nepoti) and heir of Alexander Setoun of Perbroith, and his heirs, of the lands and barony of Perbroith ; namely, the manor and mains of Perbroith, lands of Landisfern, with mill, annualrent of £6 from the lands of Ramsay-Forthir ; lands of Urquharts, namely, Easter Urquhart, Myddil Urquhart, and Loppy Urquhart, in the shire of Fife ; lands of Haistoun and Scrogarfield in the shire of Forfar : which had been in the King's hands for fifty years and more, by reason of non-entry, with the fermes of the same for the said period, which fermes the King gave to the said John, under the privy seal, until the entry of the true heir ; and which lands, by defect of moveable goods beyond the sum of ^236, 10s. for the residue of the said fermes, extend ing to ^4930, 3s. 4d. were apprised and assigned to the said John : and which the King, for favour, incorporated in one free barony of Perbroith : Rendering for Urquharts the services contained in the old charter granted by King James the First to the predecessors of the said John : and for the residue of the barony three suits of court at the three head pleas of the shire of Fife — reserving to the said Alexander his frank tenement thereof. Dated at Edinburgh, 28th July 1512. — Lib. xviii. No. 78. Confirmation by King James the Fourth of charter by Mathew Quhite. of Kilmarone, in 85o REGISTER OF favour of Mr. Alexander Seytoun, vicar of Bothelny, as assignee to Peter Petblado of that ilk, of the lands of Kilmarone, in the lordship of Petblado and shire of Fife, which were sold by the said Peter to the said Mathew under reversion, which the said Mr. Alexander had paid. At the burgh of Cupar, 25th April 15 13. Witnesses : John Seitoun of Balbirny, and David Seytoun, sons of John Seytoun of Lothrisk. Confirmed at Edinburgh, 24th May 15 13. — Lib. xviii. No. 176. Confirmation by King James the Fourth of charter by Mr. Alexander Seytoun, vicar of Bothelny, granting to John Seytoun of Louthrisk, and Jonet Admolty (Auchmouty) his spouse, his five-twelfth parts of the lands of Kilmarone and Pettinluig, which, as assignee to Peter Petblado, he had redeemed from Mathew Quhite : To be holden to the said John and Jonet in conjunct fee, and to the heirs of their marriage, of the King, in fee. Dated at Edinburgh, 25th July, and confirmed 2nd August 15 13. — Lib. xix. No. 7. Charter by King James the Fifth to John Seton, and Jonet Turnbull his spouse, of the fourth part of the lands and mill of Gargunnock, and £,$ lands of the barony of Plane, Stirlingshire ; and half of the seventh part of the lands of Fordale, Fifeshire, which the said Jonet resigned : To be holden in conjunct fee, and to the heirs of their marriage ; which failing, to the heirs whatever of the said John. At Edinburgh, 23rd November 151 5. — Lib. xix. No. 76. Charter by King James the Fifth confirming charter by John Seyton, and Jonet Trumbill his spouse, portioners of Gargunnock and Fordale, whereby, for a sum of money, they sold to William Spittale of Luquhat, and Elizabeth Seyton his spouse, the half of the seventh part of the lands and mill of Fordale, in the barony of the same, and shire of Fife. Dated at Edinburgh, 10th December 15 15. Witnesses: Mr. Alexander Seyton, vicar of Bothelny, John Seyton of Balbirny, etc. Confirmed at Edinburgh, nth January 15 15-6. — Lib. xix. No. 93. Confirmation by King James the Fifth of charter by Jonet Turnbull, elder daughter, and Elizabeth Turnbull, younger daughter, heirs of the lordship and lands of Gargunno, whereby, with consent of John Seyton, spouse of the said Jonet, and of William Elphinston, spouse of said Elizabeth, they sold to John Ker, son of Andrew Ker of Farnyhirst, five husband lands in Langton, Roxburghshire, which belonged to them by decease of their grandfather and sister. Dated at Edinburgh, 8th December 1524. Confirmed 3rd January 1524-5. — Lib. xxii No. 240. Charter by King James the Fifth to John Seyton, son of the late Alexander Seyton of Meldrum, of the half of the lands of Rothnok, six oxgates of Auchlevin, sixth part of the mill thereof, half of the lands of Drumrossy, four oxgates of Ardone, half of Kingudy, etc., half of the lands of Rudrestoun, with fishing on the Dee, with the right of patronage of the chaplainries founded by the late William Leith, at the altar of St. Laurence, within the parish church of Aberdeen, which Jonet Leith, relict of said Alexander Seyton, mother of the said John, and one of the heirs of the late George Leith of Bernys, resigned — reserving her own frank tenement. At Dundee, 15th February 1526-7. — Lib. xxi. No. 62. Charter by King James the Fifth to George, Lord Seyton, and Elizabeth Hay his affianced spouse, of the lands of Winchburgh, in the barony thereof and shire of Linlithgow : To be holden in conjunct fee, and to the heirs of the marriage, etc. At Edinburgh, 15th June 1527. — Lib. xxi. No. 33. Charter by the King to John, Lord Erskine, and his heirs, of the lands and barony of Tulibody, and lands of Banchry, which were apprised from Ninian Seytoun of Tulibody, for the non-entry fermes of the same during fifty years, since the decease of Alexander, Earl of Huntlie, lord of the conjunct fee, husband of the late Lady Egidia Hay, heir of the said lands, the said fermes extending yearly to ^82, 5s. 4d. At Stirling, nth September 1529. — Lib. xxiii. No. 77. Remission by the King to John, Master of Forbes, for his treasonable absence from the army at Solway and Werk, and for the slaughter of Alexander Seyton of Meldrum. At Dundee, 10th October 1530. — Lib. xxv. No. 276. Confirmation by the King of charter by Jonet Turnbull of Gargunnock, with consent of John Seyton her husband, selling to Thomas Somervell of Plane, and Margaret Levingstoun his spouse, her lands of Plane, extending to nine mercates, in the barony of Plane and shire of Stirling. Dated at Stirling, 7th June 1530. Ninian Seyton of Tulibody, knight, Mr. Alex- GREAT SEAL 851 ander Levingstoun of Donypace, and others, are witnesses. Confirmed at Stirling, 20th June 1530. — Lib. xxiv. No. 19. Confirmation by the King of charter by Hugh, Earl of Eglingtoun, whereby, in implement of matrimonial contract between Hugh Montgomery, Master of Eglingtoun, his grandson and apparent heir, and Marion Seytoun, Mistress of Borthwik, sister of George, Lord Seytoun, he grants to the said Hugh and Marion four mercates of the lands of Corslie, with the tower and fortalice thereof, and various other lands, in the shire of Renfrew: To be holden to them in conjunct fee, and the heir of the marriage, etc. Dated at Polnone, 8th February IS30_3I- Confirmed at Stirling, 15th February 1530-31. — Lib. xxiv. No. 280. Confirmation by the King of charter by John, Lord Hay, of Yester, whereby, for a sum of money, he sold to George, Lord Seytoun, and his heirs, the lands of Gammylstoun and Reidshill, in the barony of Yester, constabulary of Haddington, and shire of Edinburgh : To be holden of the King. Dated at Edinburgh, 22nd June 1531. Among the witnesses are Mr. Cristofer Seytoun, Mr. George Seytoun, and George Seytoun. Confirmed at Perth, 28th July 1531. — Lib. xxiv. No. 188. 1532, July 16. — John Seytoun of Balbirny is on assize of apprising of lands of Birdhouse and others, near Cupar in Fife, in favour of William Lyndesay of Piotstoun. — Lib. xxiv. No. 243. 1534, Sept. 29. — Walter Seytoun, son and heir apparent of Ninian Seyton of Towch, is witness to charter by James, Lord Lyle, to John, Lord Erskin, of third part of the salmon fishing in the Clyde. — Lib. xxviii. No. 1. Charter by King James the Fifth to Walter Seytoun, son and heir apparent of Ninian Seittoun of Tulibody, knight, of the lands and barony of Touch-Fraser, with the fortalice and manor of Touche, etc., in the shire of Stirling ; and the lands and barony of Tulibody, in the shire of Clakmannane, which the said Ninian, and Janet Chisholme his spouse, resigned. Dated at Stirling, 14th January 1534-5. — Lib. xxv. No. 339. Charter by the King to John Seittoun, son and heir apparent of John Seittoun, and Janet Turnbull his spouse, of half of the lands and barony of Gargonnok, in the shire of Stirling — reserving the frank tenement thereof to the said John, elder, and Janet his spouse. At Stirling, 19th January 1534-5. — Lib. xxv. No. 343. Charter by the King to William Setoun of Meldrum, and Janet Gordoun his spouse, of the Mains of Meldrum, with tower and fortalice of the same, toun and lands of Auld Meldrum, with mill of Crumlee, lands of Parcak, with alehouse thereof, toun and lands of Ardconan and Balcarne, with mill thereof, toun and lands of Gonir, Fosterhill, Cawte, Cardrum, Tulach, toun and lands of Belhelvy (Bethelny?), toun and lands of Ardquhork, toun and lands of Kilblene, in the shire of Aberdeen: all resigned by said William, and which the King incor porated into one free barony of Meldrum. At Stirling, 8th February 1534-5. — Lib. xxv. No. 166. Confirmation by the King of charter by Thomas Fotheringhame of Powry, and Alisone Charteris his spouse, whereby for a sum of money they sold to Cristofer Seytoun and his heirs the lands of Myretoun, in the barony of Brychte and shire of Forfar. Dated at Dundee, 28th July 1534. Witnesses : Mr. David Seytoun, vicar of Strathmiglo, Robert Seytoun, etc. Con firmed at St. Andrews, ist March 1535-6. — Lib. xxvi. No. 139. Charter by the King to John Seytoun, younger of Gargunnok, and Helen Callander his spouse, of the half of his half of the lands and barony of Gargunnok, with half of the mill, which the said John personally resigned : To be holden to them in conjunct fee, and to their heirs heritably. At Stirling, 18th July 1536. — Lib. xxv. No. 301. Charter by the King to John Seitoun of Lauthrisk, of the lands of Fairleislands, of the yearly value of ,£10, in the lordship of Wester Lauthrisk, and shire of Fife: which had been in the hands of King James the Fourth during fifty years, the non-entry thereof having been granted by the said King to Patrick Lauthrisk for composition made with the treasurer ; which Patrick constituted the said John Seitoun his assignee : and on 8th January 1537 they were apprised and sold to him for ^"200. Dated at Edinburgh, 24th July 1538. — Lib. xxviii. No. 7. 31st Oct. 1538. — John Seytoun of Lauthrisk and William Seytoun of Rumgally are on assize of apprising of the lands of Gylstoun, from Walter Lundy of that ilk to Mr. David Ramsay. — Lib. xxvi. No. 181. Confirmation by the King of a charter by Mr. James Strathauchin, canon of Aberdeen and of Moray, executor of the testament of his uncle, the late Mr. Gilbert Strathauchan, protho- 852 REGISTER OF notary apostolic, and canon of the said churches, whereby, for the soul of King James the Fifth, of Mary his spouse, of the late James, Duke of Ross, of Alexander Stewart, archbishop of St. Andrews, and of the deceased Mr. David Seitoun, canon of Aberdeen, etc., he granted in pure almsgift to Mr. William Seitoun and Sir Thomas Mortoun, chaplains, and their successors, serving at the altar of the Holy Trinity, the blessed Virgin Mary, and St. Andrew the Apostle, in the chapel founded by the said Gilbert, in the south part of the parish church of Creich, in the diocese of St. Andrews, an annualrent of io merks from the lands of Mekil Bernys, in the shire of Kincardine ; 4 merks from the lands of Flemyntoun, with mill thereof, in Forfarshire ; 8 merks from the lands of Chapelton, in the barony of Invermegoty, in the shire of Forfar, with various other annualrents from other lands : and the granter willed that, after his decease, the gift of the said chaplainries should belong to John Seitoun of Balbirny, grandson of Mr. David Seitoun, and his heirs-male, bearing the surname and arms of Setoun, and to the heirs of the said Mr. James, by turns ; which failing, to Andrew Setoun of Perbroth, and his heirs-male bearing the said surname and arms. Dated at Edinburgh, 20th December 1538; confirmed 24th December thereafter.- — Lib. xxvii. No. 68. Charter by the King to George, Lord Seitoun, and his heirs, of the lands and barony of Wyncheburgh, lands of Upcragy, with castles, towers, fortalices, mills, etc., in the shire of Linlithgow, which the King of new incorporated into the free barony of West-Nudry, ordaining the tower and fortalice of West-Nudry to be the chief messuage thereof : Rendering one penny of silver yearly in name of blench ferme. Dated at St. Andrews, 2nd August 1539. — Lib. xxvi. No. 291. Charter by the King to George, Lord Seytoun, and his heirs, of the lands and barony of Wincheburgh, lands of Cragy and Dundas, with castles, etc., which the said George per sonally resigned, and which the King, for his good service, of new incorporated into the free barony of West-Nudry, as in the charter preceding. At Edinburgh, 12th March 1540-41. — Lib. xxviii. No. 160. Charter by the King, whereby, for his special love towards George, Lord Seytoun, he erects the toun and lands of Tranent, in the shire of Edinburgh and constabulary of Hading- ton, into a free burgh in barony ; granting to the inhabitants power to buy and sell, and that they may be burgesses ; and, with consent of the said George and his heirs, may elect bailies, etc., yearly; and have a market cross, and a weekly market on the Lord's Day : and free fairs yearly on the festivals of St. Bartholomew and St. Katherine. At Petlethy, 13th March 1541-2. — Lib. xxviii. No. 179. Letters of Legitimisation by Mary Queen of Scots to Christopher Seytoun, bastard son natural of George, Lord Seytoun, and to William Seytoun, bastard son natural of Alexander Seytoun of Meldrum. Edinburgh, 19th December 1544. — Lib. xxix. No. 181. Confirmation by Mary Queen of Scots of charter by George, Lord Seytoun, to John Seytoun, his second son, of the lands of Wountoun, with manor, mansion, yards, orchyards, and mill, in the barony of Seytoun, constabulary of Hadington, and shire of Edinburgh : To be holden to the said John and the heirs-male of his body ; which failing, to George Seytoun, son and heir apparent of the said Lord, and the heirs-male of his body ; which failing, to James Seytoun, third son of the granter, and the heirs-male of his body, etc. At Stirling, 18th May 1545. — Lib. xxix. No. 230. Charter by Mary Queen of Scots, as Princess and Stewardess of Scotland, to Hugh, Earl of Eglingtoun, and Lady Marion Seytoun his spouse, of the lands and lordship of Eglishame, etc., in the shire of Renfrew; and the lands and lordship of Robertoun, in the shire of Ayr, on resignation by the said Earl. At Edinburgh, 15th May 1546. — Lib. xxix. No. 343. Confirmation by Mary Queen of Scots of charter by John Seytoun of Gargunnok, whereby, for a sum of money, he sold to Walter Seytoun of Tulibody, and his heirs-male whatsoever, his half of the lands and barony of Gargunnok, and of the mill thereof ; holding of the Queen, with precept of sasine directed to Alexander Seytoun and David Flemying, bailies of the said John in that part. Witnesses : John Seytoun, elder, servitor of the granter, Alexander Seytoun, etc. Dated at Stirling, 28th August 1547 (sic). Confirmed at Edinburgh, 29th August 1547. — Lib. xxx. No. 168. Confirmation by the Queen of charter by Robert Hunter, lord of the half part of Newtown of Reres, whereby, for the amicable affection which he had towards John Seytoun of Lauthrisk, and towards Margaret Seitoun his own spouse, he grants to the said John, his GREAT SEAL 853 heirs and assignees, his lands of Newtown of Reres, in the shire of Fife : To be holden of the Queen, rendering therefor yearly £,12, 3s. 4d. of money, 10 bolls of corn, 12 bolls 2 firlots of barley, 12 capons, 24 poultry. Dated 2nd August 1547. Witnesses: Mr. David Seytoun, Alexander Seitoun, etc. Confirmed at Stirling, 8th December 1547. — Lib. xxx. No. 167. Charter by Mary Queen of Scots to George, Lord Seytoun, and Lady Mary Pyeres his spouse, and the survivor of them, in conjunct fee, and the heirs whatsoever of the said George, of the Mains of Wincheburgh, with castle of West Nudry, with orchyards, yards, close and ward of the same, as it is built within the fosses thereof, in the barony of West Nudry, which the said George resigned : To be holden without breaking of the said barony. At Edinburgh 27th June 1548. — Lib. xxx. No. 181. 1548, May 3rd. — William Seytoun of Meldrum, and Mr. Alexander Seytoun, chancellor of Aberdeen, are witnesses to a charter by William King, of Barroch of Bourte, to his son James, and Elizabeth Gray his spouse, of lands in Aberdeenshire. — Lib. xxx. No. 184. Confirmation by the Queen of charter granted by Thomas Lumisden of Ardrye to his affianced spouse, Margaret Seytoun, daughter of Andrew Seytoun of Perbroith, of his lands of Cipseis, in liferent, in the barony of Ardrye, by annexation, in the shire of Fife. At Parbroith, 4th October 1 548. Witnesses : Mr. David Setoun, Mr. John Setoun. Confirmed 30th November 1548. — Lib. xxx. No. 250. Confirmation by the Queen of charter by William Seytoun of Meldrum to Margaret Innes, relict of James Innes of Fynnarsye, then in her pure widowhood, in liferent, for marriage to be contracted between himself and her, of the half of the lands of Gowner, in the shire of Aberdeen. At Meldrum, 6th January 1548-9. Witnesses : John Seytoun, Mathew Seytoun, etc. Confirmed at Edinburgh, 22nd January. — Lib. xxx. No. 397. Charter by the Queen to John Seytoun of Lathreisk, and Janet Auchmoutie his spouse, and either of them, in liferent, and to John Seytoun their son and apparent heir, and the heirs- male of his body, heritably, of the lands of Wester Lathreisk, etc. Personally resigned by the said John, elder. Dated at Edinburgh, 7th May 1551. — Lib. xxx. No. 679. Charter by the Queen to George, Lord Seytoun, and Isobella Hammyltoun his spouse, of the lands and barony of West Nudry, which the said Lord resigned. Moreover, the Queen granted to them the non-entry and fermes of the said lands, since the death of George, Lord Seytoun, who was slain in the battle of Flowdoun — reserving the frank tenement of the Mains of Wincheburgh, with the castle, manor, and fortalice of the same, to Mary, Lady Seytoun, spouse of the late George, Lord Seytoun. Dated at Linlithgow, 25th May 1552. — Lib. xxx. No. 736. Charter by the Queen to John Seytoun, younger, fiar of the lands of Wester Lauthreis, and Alisone Bonar his spouse, of the shadow half of Wester Lauthreis, etc., resigned by the said John : To be holden to him and his said spouse, and the survivor of them, and to the heirs-male procreated between them ; which failing, to the heirs of John Seytoun, elder, of Lauthreis. At Stirling, 21st March 155 1-2. — Lib. xxx. No. 738. Confirmation by the Queen of a charter by John Seitoun of Lauthrisk to Bernard Oliphant, and Janet Seitoun his spouse, daughter of the said John, of five-twelfth parts of the lands of Kilmaron, Fifeshire. Dated at Lauthrisk, 12th October 1552. Witnesses : Mr. William Seitoun, George Seitoun, etc. Confirmed at Linlithgow 18th October thereafter. — Lib. xxxii. No. 653. Charter by the Queen to John Seyttoun, brother-german of George, Lord Seyttoun, and Isobella Balfour his spouse, of the lands of Carraldstoun, with manor, houses, etc., in the shire of Fife, which the said Isobella resigned : To be holden to them and the survivor of them in conjunct fee, and to the heirs procreated between them ; which failing, to the heirs whatsoever of the said John. Dated at Linlithgow, 9th April 1553. — Lib. xxxi. No. 172. Charter by Mary Queen of Scots to George Seytoun, son and heir apparent of George, Lord Seytoun, of the lands and barony of West Nudry, with castles, towers, fortalices, manors, etc., incorporated into one barony, in the shire of Linlithgow; lands of Hartisheid and Clentis in the shire of Berwick, which the said George, Lord Seytoun, resigned — reserving the frank tenement to himself, and a reasonable third part to Lady Isobell Hamilton his spouse. Dated at Edinburgh, 6th August 1554.— Lib. xxxi. No. 236. Charter by the same to the said George Seytoun of the lands and barony of Seytoun and Wintoun, with castles, towers, manors, etc., advocation of the collegiate church of" Seytoun, prebends thereof, etc., lands and barony of Tranent, with castles, etc., which George, Lord 854 REGISTER OF Seytoun, his father, resigned — reserving the frank tenement of the lands of Wintoun, with the manor, ^40 of the lands of Seytoun, and ^"20 of Langnudry, to Lady Janet Hepburn, lady of Setoun : the frank tenement of all the lands to the said Lord, and a reasonable third part to Dame Isobella Hamiltoun his spouse. At Edinburgh, 6th August 1554. — Lib. xxxi. No. 237- The Queen grants Letters of Legitimisation to Alexander Seytoun, bastard son natural of Christopher Seytoun in Strameglo. Edinburgh, 15th January 1555-6. — Lib. xxxii. No. 269. Confirmation by the Queen of charter by Alison Charteris, relict of Thomas Fothringhame of Powry, whereby for a sum of money she sold to Cristofer (or Cristall) Seytoun in liferent, and to Alexander Seytoun his son, heritably, her lands of Torsoppy, with boats and fishings for salmon and other fishes on the river Tay. David and James Seytoun are appointed bailies to give seizin. Dated at Wester Powrie, 16th May 1555. Confirmed at Edinburgh, 30th April 1556. — Lib. xxxii. No. 294. Confirmation by the Queen of charter by the said Alison Charteris, whereby for a sum of money she sells to Cristofer Seytoun the lands of Forgandeny, Perthshire : Holding of the Queen, with precept of seizin to Alexander Rankelour and John Spens. Witnesses : Sir John Brown, Walter Peirsoun, Thomas Peirsoun, David Peirsoun. Dated at Powrie, 3rd November 1554. Confirmed at Edinburgh, 30th April 1556. — Lib. xxxii. No. 296. Confirmation by the Queen of charter by Cristofer Seytoun, brother-german of John Seytoun of Lathrisk, granting to Alexander Myretoun, and Cristina Seytoun his spouse, in liferent, and to David Myretoun their son in fee, the lands of Randelstoun and Ladilands, in the constabulary of Craill and shire of Fife. Dated at St. Andrews, 9th August 1557. Confirmed at Edinburgh 30th September same year. — Lib. xxxii. No. 310. Charter by the Queen to Patrick Gordoun, son and apparent heir of Alexander Gordoun of Knokbleuris, and Jonet Seytoun his spouse, in conjunct fee, of the lands of Middleton of Knokbleuris and others, united into one barony of Knokbleuris. Dated at Aberdeen, 19th October 1556. — Lib. xxxi. No. 328. Confirmation by the Queen of charter by Walter Ogilvy of Dunlugus, knight, with consent of Alisone Hume his spouse, to George Ogilvy, his eldest son and apparent heir, and Beatrice Seytoun his spouse, of half of the, lands of Dunlugus and Meirdene, etc., in the barony of Dunlugus and shire of Banff. Dated at Edinburgh 28th March. Confirmed 21st May 1557. — Lib. xxxi. No. 411. Confirmation by the Queen of instrument of seizin given by George Nesbit, baron of Dalzell, as bailie in that part of (the late) George, Lord Seytoun, to John Seytoun in Tranent, as attorney of Robert Seytoun, son of the said Lord, lawfully begotten between him and Lady Mary Peiris, then his spouse, of the lands of Mylis, in the barony of Tranent, in virtue of precept by the said George, Lord Seytoun, after his grant of the said lands to the said Robert and his heirs-male, until he should infeft him in the lands of the barony of Bernis. Dated at Edinburgh 25th February 1548: and also an instrument of same date infefting the said Robert in the lands of Grenedykes. Confirmed at St. Andrews, 22nd February 1562-3. Charter by the Queen to James Seytoun, son and heir apparent of Walter Seytoun of Tulybody, of the lands and barony of Touch-Fraser, with fortalice and manor of Touch ; advocation and donation of churches and chaplainries thereof; 15-merk lands of Gargunnok, with mansion and fortalice thereof, mills, advocation of churches, etc., in the shire of Stirling; and lands and barony of Tulybody in the shire of Clakmannan, which the said Walter per sonally resigned— reserving to himself the frank tenement, and to Elizabeth Erskine, his spouse, the conjunct fee of the 50-shilling lands of Tulybody. Dated at Donypace, 2nd July 1563. — Lib. xxxii. No. 358. The King and Queen grant charter to Cristina Tulydaff, and Mr. James Stevin in Thorn toun her spouse, of the lands of Orchartoun, in the barony of Tulydaff, which Jonet Tulydaff, and William Knowis her husband, and Marjory and Cristina Tulydaff, portioners of said lands, with consent of William Seytoun of Easter Disblair, husband of said Marjory, resigned. Dated at Edinburgh, 20th September 1566, — Lib. xxxi. No. 529. Charter by the King and Queen to Marjory Tulydaff, and William Seytoun of Wester Disblair her spouse, of the south part of the lands of Logyruff and others, resigned by the other persons named in preceding note. 20th September 1566.— Lib. xxxi. No. 530. Confirmation by the King of charter by George, Lord Setoun, by which, for a sum of GREAT SEAL 855 money, he sold to Lord Mark Ker, commendator of Newbottill, and Helen Leslie his spouse, the lands of Easter and Wester Bernis, in the constabulary of Haddington : To be holden of the said George, Lord Setoun, in blench ferme, for one penny yearly. At Edinburgh, 13th May 1567. Witnesses : Andrew Setoun, brother of John Setoun of Lathrisk, Henry Setoun, son of Alexander Setoun of Northrig, Thomas Raith, provost of Setoun, etc. Confirmed at Edinburgh, 15th April 1569. — Lib. xxv. No. 404. Confirmation by the King of charter by James Seytoun of Tullebodye, whereby, with consent of John, Earl of Mar, Alexander Erskin of Gogar, John Craigingelt of that ilk, and Mr. James Seytoun, rector of Quhitsum, his curators, for implement of contract entered into with Elizabeth Erskin, his mother, and for renunciation made by her of her reasonable terce and conjunct fee falling to her by occasion of the late Walter Seytoun of Tullebodye, her husband (excepting the lands of Touchemaillair, in the barony of Toucheadam), he granted to the said Elizabeth in liferent the lands of Bathokston, Shaw, Sheilcroft, Tullebodye, and others, in the shires of Stirling and Clackmannan. Dated at Tullebodye 24th August 1569. Witnesses : David, commendator of Dryburgh ; John Bellenden of Auchnoule, knight, Justiciary Clerk ; Alexander Seytoun, apparent of Gargunnok ; Henry Seytoun, vicar of Aberfuilye; Robert Seytoun, vicar of Logy. Confirmed at Edinburgh, 7th December 1569. — Lib. xxxii. No. 98. Confirmation of charter by George, Lord Seytoun, whereby he sold to James Aitkinson, burgess of the Canongate, near Edinburgh, an annualrent of 24 bolls victual furth of the lands of Uperagie, in the barony of West Nudry. Dated at Edinburgh, 15th June 1554. Witnesses: Alexander Seytoun of Morhame, etc. Confirmed at Leith, ist March 157 1-2. — Lib. xxxiii. No. 22. Confirmation by the King of — (1) Charter by Claud, commendator of Paisley and convent thereof, confirming a charter by James, Duke of Chastellherault, Earl of Arran, in favour of Margaret Seytoun, daughter of George, Lord Seytoun, of the lands of Monktounhill, etc., in the regality of Paisley, bailiery of Kyle, and sbire of Ayr, which were resigned by Lord Claud Hamiltoun, son of the said Duke, in implement of contracts between John Hamiltoun, com mendator of Arbroath, son of the said Dukei and the said Claud, on the one part, and the said George, Lord Seytoun, and Margaret, on the other part, of date at Linlithgow 1 5th and 1 6th June 1574, for this new infeftment : To be holden to the said Margaret and the heirs whatsoever to be procreated of her body ; which failing, to the said Claud and the heirs-male of his body ; which failing, to the said John and the heirs-male of his body ; rendering therefor to the monastery of Paisley ^127 yearly, and to the said Duke one penny at Monk- toun, with service in time of war, in name of blench ferme — reserving the frank tenement to the said Duke. Dated 28th June 1574. Confirmed 8th July same year. (2) Charter by the said Duke to the said Margaret Seytoun, of the lands of Elastoun, in the lordship of Kinpont and shire of Linlithgow. Dated at the Castle of Hamiltoun, 4th July 1574. (3) Charter by James, Earl of Arran, as fiar of the lands, with consent of the said Duke, his father, and of the said John and Claud, his brothers, whereby, for implement of contracts aforesaid, he granted to the said Margaret Seytoun in liferent the lands of Halsyde, in the barony of Drumsargart and shire of Lanark. Dated at the Castle of Hamiltoun, 28th June 1574. All confirmed at Holyroodhouse, 15th July 1574. — Lib. xxxiv. No. 764. Confirmation by the King of — (1) Charter by John, commendator of Arbroath, to Margaret Seytoun aforesaid, of the lands of Bothwellmuir, etc., in the shire of Lanark, on resignation by Lord Claud Hamiltoun, brother-german of the granter. Dated at the Castle of Hamiltoun, 29th June 1574. George, Lord Seytoun, is a witness. (2) Charter by the aforesaid Duke to the said Margaret Seytoun, of an annualrent of 74 merks 8 shillings from the land of Elastoun. Dated at the Castle of Hamiltoun, 6th July 1574. Confirmed at Holyroodhouse, 15th July 1574- — Lib. xxxiv. No. 166. Confirmation by the King of charter by William, bishop of Aberdeen, whereby he sold to John Setoun, second son of William Setoun of Meldrum, the lands of Pittynoun, etc., in the parish of Daviot, which the bishop had granted to the said William Setoun, and which the said William resigned in favour of the said John, for his service rendered to him. At Aberdeen, nth October 1569. Mr. Alexander Setoun, chancellor of Aberdeen, is a witness. Confirmed 31st January 1575-6.— Lib. xxxiv. No. 335. Grant by the King to James Douglas, son natural of James, Earl of Mortoun, regent of 856 REGISTER OF Scotland (already examined by George, bishop of Moray) during life, of the priory of Pluscardyn, with its dignities and patrimony, which belonged to Alexander Seytoun, alleged prior of Pluscardyn, son of George, Lord Seytoun; and the Lords of Council, on 16th January 1576-7, at the instance of Mr. David Borthwick of Lochhill, the King's Advocate, decerned the said Alexander to have lost all his benefices, because he had not as yet sub mitted to the discipline of the true Church, and participated of the sacraments thereof, nor had he come to the bishop, superintendent, or commissary of the diocese or province, for adhibit ing his assent : nor had he subscribed the articles of the true and Christian religion, contained in the Acts of Parliament, and given his oath for acknowledging the authority of the King, nor had brought a testimonial thereupon ; neither had he presented himself on a Lord's day in time of sermon or public prayers in the church of the said priory, and read his said testimonial and confession, and of new taken the said oath, according to the order of the Act of Parlia ment. Dated at Holyroodhouse, 6th February 1576-7. — Lib. xxxiv. No. 451. Confirmation by the King of charter by John, Abbot of Landores, whereby, for 200 merks, he set in feuferme to John Seytoun, younger, laird of Lauthreis, and Alison Bonar his spouse, in liferent, and John Seytoun, their son and apparent heir, heritably, the lands of Lumquhat, in the regality of Landores and shire of Fife. Dated at the Abbey of Landores, 4th February 1558-9. Confirmed at the Palace of Holyroodhouse, 18th October 1580. — Lib. xxxv. No. 210. Confirmation by the King of charter by the deceased Henry Seytoun, vicar of Aberfule, to Malise Grahame in Clas, of the manse and glebe of Aberfule, in feuferme. Alexander Seytoun of Northrig, father of the said Henry, is a witness. Dated 21st December 1567. Confirmed 10th March 1580-81. Legitimation of Mr. George Seytoun, and James Seytoun, bastard sons natural of the late William Seytoun of Meldrum, by Margaret Innes, then wife of William Gordon of Arrandole. Dated 8th December 1581. — Lib. No. xxxv. 473. Confirmation by the King of charter by David Seytoun of Parbroth, with consent of Mary Gray his spouse, to Mr. John Scharpe, of the lands of the Three Urquharts, namely, Eastertoun, Lawsonstoun, and Luppie, in Fifeshire. John Seytoun in Urquharts, uncle of said David, is bailie in the precept of sasine. Dated at Parbroth, 30th May 1581. Confirmed 10th December 1581. — Lib. xxxvi. No. 376. Confirmation by the King of charter by William, bishop of Aberdeen, to John Ogilvy of Froscan, and Janet Seytoun his spouse, of the lands of Glassauch, in the lordship of Fordyce and shire of Banff, which were resigned by the said John. Dated at Aberdeen, 2nd May 1573. William Seytoun of Meldrum is a witness. Confirmed at Holyroodhouse, 14th Decem ber 1 58 1. — Lib. xxxv. No. 551. Confirmation by the King of charter by John Seytoun, younger of Lathrisk, with consent of Margaret Ross his spouse, to John Duncanson, minister of the Word of God, and Janet Watson his spouse, of the lands of Coull, in the shire of Fife. Dated at Falkland, 8th November 1583. George Seytoun in Rumelrie is a witness. Confirmed at Falkland, ist July 1584. — Lib. xxxvi. No. 547. Confirmation by the King of charter by Alexander (Seytoun), prior of Pluscarden, to James Geddie in Urquhart, and Janet Davidson his spouse, of 10 acres of the lands of Urquhart, etc., Elginshire. Dated at Pluscarden, 28th October 1582. James Seytoun, lawful brother of the laird of Lathrisk, is a witness. Confirmed 20th August 1584. — Lib. xxxv. No. 918. The King appoints David Seytoun of Parbroith, and his heirs, heritable keepers of the East and West Lowmonds of Falkland, with power to pasture their own cattle thereon, and other privileges : rendering therefor the keeping and pasturing of 1000 sheep within the said bounds, or, if these sheep should not be delivered to him, paying yearly 200 merks of feu ferme. Dated at Holyroodhouse, 8th December 1584. — Lib. xxxvi. No. 5. Confirmation by the King of charter granted by bis councillor, Alexander (Setoun), com mendator of Pluscarden, to Sir John Setoun of Barnis, knight (she equiti aurato), of the salmon fishing of one boat upon the water of Inverspey, in the regality of Urquhart and shire of Elgin. Dated at Pluscarden, 25th April 1587. Confirmed at Falkland, ist July same year. — Lib. xxxvi. No. 359. Confirmation by the King of charter by Alexander Seytoun of Meldrum, whereby, in implement of contract of marriage between Alexander Setoun, his elder son, and heir apparent, GREAT SEAL 857 with Cristina Fraser, daughter of Michael Fraser of Hassiewod, of date at Mukkall, 21st October 1584, he granted to the said Cristina in liferent the shadow half of the lands of Ardconnane, lands of Balcarne, etc., in the barony of Meldrum, and shire of Aberdeen : and also, to the said Alexander his son, and the heirs-male of his body, the lands of the Mains of Meldrum, with tower and fortalice thereof, lands of Auld Meldrum, and others — reserving his own frank tenement of the lands granted to the said Cristina Fraser. Dated at Meldrum, 3rd December 1584. Confirmed at Holyroodhouse, 15th July 1587. — Lib. xlvii. No. 90. Confirmation by the King of charter by William Seytoun, lawful son of the late George, Lord Seytoun, to William M'Kie in Kirriquhirne, and Margaret Mure his spouse, of the lands of Kirriquhirne, Wigtounshire. Dated at Edinburgh, 20th April 1588. Confirmed 2nd May 1588. — Lib. xxxvii. No. 197. Charter by the King to William Setoun, brother-german of Robert, Lord Setoun, of the half of the lands of Quhytepark, lands of Grange of Sannik, Meitfield, Larkway, Craiginvey, Tressok, Bursky, Logane, Clerthog Meikle and Nether, Clonyaisk, Carsok, Largmone, Knokinchene, Barskeauch Over, Middle, and Nether, with fishings, Barnetagart, Garvorie, Slevindan, Arnelosk, Cubboys and Dalcharrachin, Culcraigs, Corscraig, etc., in the lordship of Galloway under Cree, stewartry of Kirkcudbright ; lands of Knokane, Kildarroch, Kerequerne, Garnskauch, Knokincuis, Clauchrie, and Kerebrewin, in the same lordship above Cree, in the shire of Wigtown, with manors, fortalices, mansions, mills, and fishings : holding of the King in feuferme. At Holyroodhouse, 8th February 1587-8. — Lib. xxxvii. No. 51. The said William Setoun resigned the lands of Meikle Sannik, or Dunrod Sannik, to James Charteris, son and heir of Robert Charteris of Kilwode (old native tenant of the lands), on which the King granted charter on 12th July 1588. — Lib. xxxvii. No. 156. Confirmation by the King of charter by Robert, Lord Seytoun, in favour of John Seytoun, dyer, burgess of Edinburgh, and Margaret Nesbit his spouse, of two oxgates of land in the east end of Tranent, in the Schotts, commonly called Murehalffares, Pilmure and Kingsfield, in the lordship and barony of Tranent, which were resigned by David Seytoun, son of the late John Seytoun, bailie of Tranent, in favour of said John and Margaret. Dated at the Palace of Seytoun, 7th May 1589. Confirmed at Edinburgh, 30th August thereafter. — Lib. xxxvii. No. 344. John Seytoun of Barns, knight (eques auratus), as comptroller, witnesses many crown charters at this period. The King ratifies a charter of feuferme granted by John Gresoun, prior of the friars preachers of Scotland, to the late George, Lord Seytoun, and his heirs-male whatsoever, of the space of land in St. Andrews where the monastery of that order was, on the south side of the South Street of that city : now granted by the King in feuferme to Robert, Lord Seytoun, and his heirs. At Holyroodhouse, 31st July 1590. — Lib. xxxvii. No. 433. Confirmation by the King of a charter granted by Robert, Lord Seytoun, to Lady Margaret Montgomery his spouse, in liferent, of the lordship and baronies of Seytoun, Wyn- toun, Tranent, Langnudrie, Myldis, Easter and Wester Wyndegowles, and Grenedykes, with castles, etc. — reserving the liferent of Lady Isobella Hammylton, mother of said Robert, Lord Seytoun, of the part assigned to her for her terce. In implement of contract of date ist August 1589, between the said Lady Margaret, with consent of Robert, Master of Eglin- toun, her brother, and Hugh Montgomery of Hessilheid, on one part, and Alexander Seytoun of Urquhard, brother-german of said Lord Robert, and one of the Senators of the College of Justice, on the other part ; and in full consentation of the lands which might pertain to the said Margaret, by virtue of infeftment of liferent or conjunct fee, and also in full satisfaction of her terce. Dated at Seytoun, 12th August 1589. — Lib. xxxvii. No. 321. The King, knowing that Robert, Lord Seytoun, has incurred great expense for the con struction of the haven near the seashore, at the lands of Cowkany, in the barony and lordship of Seytoun, for the reception of ships and boats, for his good service erected the said harbour into a free port, with power to the said Robert and his successors to levy the haven silver, small customs, anchorage, and other dues belonging to a free port; and has demitted to him and his successors in the barony and lordship of Seytoun the great customs of the said port : and further has erected the toun of Cowkany into a burgh of barony, with power to the said Robert to make bailies, burgesses, officers, etc. : and with power to the burgesses to buy and s^W, pack and peill: with power also to the said Robert and his succes- 5Q 858 REGISTER OF sors to hold a court (pretorium) and market cross and weekly market on the Sabbath day (i.e. Saturday), with one free fair in the year, on the day of Symon and Jude, with privilege of holding markets, collecting customs, receiving resignations, and of disponing the same, holding burgh courts, etc. : Rendering for the port and burgh one penny of silver in name of blench ferme; for the great customs ten merks of feuferme. Dated at Dalkeith, ist April 1591. — Lib. xxxviii. No. 265. David Seytoun of Parbroath, as comptroller, witnesses many charters from 1590 onwards. Confirmation by the King of charter by William Seytoun, brother-german of Robert, Lord Seytoun, to John Seytoun of Barns, knight, of the half of the lands of Quhytepark, and others, in the lordship of Galloway below Cree, and of Aultoun and others above Cree, with manors, castles, etc. At Holyroodhouse, 5th March 1591-2. — Lib. xxxviii. No. 7. Charter by the King to Alexander, Lord Urquhart, his heirs-male, etc., of the lands and barony of Easter and Wester Barnes, in the constabulary of Hadington and shire of Edin burgh, which were held of the King by service of ward, by the late George, Lord Seytoun, and were become in the King's hands by recognition, on account of the alienation of the same by the said George, Lord Seytoun, to the late William, Lord Yester, the late Sir John Seytoun, second son of the said George, or to any other person, without licence from the King. Dated at Holyroodhouse, ist June 1594. — Lib. xl. No. 19. Confirmation by the King of charter by Mr. Alexander Seytoun of Oycorne to his brother- german, George Seytoun of Auchinhuif, of the lands of Kirkton of Daviot, in parish thereof and shire of Aberdeen. Dated at Aberdeen, 28th May 1594. Confirmed at Aberdeen, 8th November same year. — Lib. xl. No. 2. Confirmation by the King of charter by James Ramsay of Orbeckye to John Seytoun, fiar of Wester Luthrisk, and Margaret Ros his spouse, of the lands of Coule. Dated at Forfar, 21st August 1582. Confirmed at Linlithgow, ist November 1597. — Lib. xli. No. 214. Charter by the King to Lady Isobella Hamiltoun, Lady Seytoun, in liferent, and to Alexander, Lord Urquhart, President of the College of Justice, and Lady Lilias Drummond his spouse, in conjunct fee, and to the heirs-male of their marriage; which failing, to the heirs-male and assignees of the said Alexander, of the lands and barony of Fyvie, alias Foirmartene ; with fortalice, manor-place, wood, parks, etc., in the parish of Fyvie and shire of Aberdeen. And the King, on account of the eminent services rendered by the said Lord Urquhart for many years past in the Privy Council, Session, and Exchequer, and in other public affairs, as well within as without the kingdom, of new grants the said lands to him and his aforesaids, erecting the same into the free barony of Foirmartene, of which seizin is to be taken at the Castle of Fyvie : Rendering therefor yearly one penny of silver in name of free blench. Dated at Edinburgh, 5th July 1596. — Lib. xli. No. 93. Charter by the King narrating the preceding grant to Lady Isobella Hamiltoun in life rent, and to Alexander, Lord Urquhart, President of the College of Justice (lawful son of George, Lord Seytoun, who last died, and brother-german of Robert, now Lord Seytoun), and to Lady Lilias Drummond his spouse, heritably, of the lands and barony of Fyvie, incorporating the same into a free barony, and calling to mind the honourable service of the said Alexander, and the many good qualities wherewith he is endued ; respecting also his descent from the ancient house of Lord Seytoun, and weighing what a number of the lords of parliament had decreed, the King erects the aforesaid barony into a free lordship of parliament, giving to the said Alexander and his heirs-male (as in the former charter), the title and honour of a lord of parliament, vote and suffrage in parliaments, etc., and that he should be decorated with an addition of ensigns and arms to the proper arms of his house, for the memory of the said lordship ; and that the said Alexander and his heirs should be called Lord Fyvie. Dated at Holyroodhouse, 4th March 1597-8. — Lib. xli. No. 250. Confirmation by the King of charter by David Seytoun of Parbroth to Mr. Edward Bruce, commendator of Kinloss, and Magdalene Clerk his spouse, of an annualrent of 800 merks out of the lands of the three Urquharts, in the parish of Stramiglo, Fifeshire. Dated at Edinburgh, 24th June 1598. Andrew and John Seytoun, lawful sons of said David, are witnesses. Confirmed at Holyroodhouse, 24th May 1598. — Lib. xliii. No. in. Charter by the King to Mr. George Seytoun, chancellor of Aberdeen, brother-german of the late Alexander Seytoun of Meldrum, of the edifice, land, and tenement, with enclosure, houses, and yards, in the canonry of Old Aberdeen, which formerly belonged to the canonry GREAT SEAL 859 of Aberdeen : also the shadow half of the lands of Sklatie, and croft of Waiglie, and croft and lands of Mylnehill, with mills, mill lands, fishings, etc., in parish of Saint Machar and shire of Aberdeen, which formerly belonged to the bishopric of Aberdeen : To be holden to the said George and the heirs-male of his body ; which failing, to Mr. William Seytoun, son of the late William Seytoun, portioner of Belhelvie, son of the brother of the said George. Dated at Holyroodhouse, 14th June 1598. — Lib. xli. No. 381. Confirmation by the King of charter by John, Lord Forbes, whereby for great sums of money paid by John, Earl of Mar, and Seytoun of Touche, cousins on the mother's side of Arthur Forbes, eldest son of said Lord, by Lady Jonet Seytoun his spouse, he grants to the said Arthur the lands, lordship, and barony of Forbes. Dated at Edinburgh, 20th December 1598. Confirmed 28th of same month. — Lib. xli. No. 498. Charter by the King to Mr. George Seytoun of Meldrum of the sunny half of the lands of Barrach, half of Westerhous, mill of Bourty, sixth part of Petgaveny, and others, in parish of Bourty and shire of Aberdeen : which were in the King's hands by recognition, through default of Alexander Blackhall of that ilk, and of William King of Barrack and James his son : To be holden to the said George and the heirs-male of his body ; which failing, to James Seytoun of Bourty, burgess of Aberdeen, and the heirs male of his body ; which failing, to John Seytoun of Meldrum, and the heirs-male of his body. Dated at Holyroodhouse, 26th January 1598-9. — Lib. xli. No. 476. Confirmation by the King of charter by John Seytoun of Lawthrisk, whereby, for im plement of contract of marriage between himself and Patrick Seytoun his son and heir apparent, on the one part, and Robert Arnot of Newtoun on the other part, of same date, he sold to Barbara Arnot, lawful daughter of said Robert, and future spouse of said Patrick Seytoun, in liferent, the half of the lands of Lawthrisk, with half of the Bowhous thereof, and of the meadows. Dated at Wester Lawthrisk, 23rd March 1598-9: Also to the said Patrick and the heirs-male of his marriage with said Barbara ; which failing, to the nearest heirs-male of the said Patrick, bearing the arms and surname of Seytoun, the lands of Wester Lawthrisk, Cuithland, Darnoch, Jargomyre, Fairlieslands, with fortalices and manors ; half of Easter Lawthrisk, and lands of Balcutmyre ; lands of Orky, with mill ; lands called Linlithquhoslands — reserving to the said John his frank tenement of the half of Balartmyre and of Wester Lawthrisk, with the whole buildings and the tower within the gate of Wester Lawthrisk, with orchyards, yards, and the ' haill ring ' of the manor of Wester Lawthrisk, with half of the houses, yards, barns, stables, and ox-stalls, without the gate. Dated at Wester Lawthrisk, 5th, and confirmed at Holyroodhouse 19th, April 1599. — Lib. xiii. No. 143. Confirmation by the King of charter by George Auchinleck of Balmanno, to George Seytoun of Auchinhuif, and Jonet Cheyne his spouse, of two third parts of the lands of Schethin and of Little Meldrum. Dated at Edinburgh, 30th May, confirmed at Holyroodhouse, 19th July 1600. — Lib. xiii. No. 170. Confirmation by the King of charter by Alexander, Lord of Urquhart, President of the College of Justice, whereby, for implement of contract registered in the books of Council of the date hereof, with consent of Lady Lilias Drummond his spouse, for the sum of ^40,000 he sold to Kenneth Mackenzie of Kintaill, his heirs-male, etc., the manor of Pluscarden, lands and barony thereof, etc., as therein described — reserving to the said Alexander the privilege of holding courts upon the hill, at the mill of Elgin, called the Courthill of Pluscarden. The charter is dated at Edinburgh, 2nd September 1595 ; and confirmed at Holyroodhouse, 25th February 1595-6. — Lib. xli. No. 53. The King, considering that Robert, Lord Seytoun, is descended of the most illustrious and ancient family of Seytoun, who for many centuries past have borne the dignity of free barons and lords of Parliament ; and that the ancestors of the said Robert remained steadfast in fidelity towards the King ; and that the said Robert has so deserved of the King that his regal munificence demands that he should not be destitute of merited honours, therefore, with the advice of the lords and chief estates of the kingdom, he has created the said Robert and his heirs-male Earls, with the title and dignity of Earl of Wentoun, and has ensigned, invested, and really ennobled the said Earl with the said honour by girding him with the sword, and placing the cap of honour and dignity and circlet of gold about his head. Dated at the Palace of Holyrood, 16th November 1600. — Lib. xliv. No. 136. Confirmation by the King of charter granted by David Seytoun of Parbroith, with 860 REGISTER OF consent of Mary Gray his spouse, to George their eldest son, and the heirs-male procreated between him and Jean Sinclair his spouse ; which failing, to the nearest heirs-male of the said George, bearing the arms and surname of Seytoun, irredeemably, of the lands and barony of Parbroith, namely, the manor and mains of Parbroith, lands of Lawdifferone, with the mill, annualrent of £6 from the lands of Ramsay-Forther ; lands of Urquharts, namely, Easter, Middle, and Loppie Urquharts ; lands of Kingask, with the manor, lands of Lillok, in the shire of Fife ; lands of Haystoun and Scroggarfield, in the shire of Forfar : with castles, manors, parks, forests, fishings, etc. ; the teinds and advocation of the rectorage and vicarage of the parish church of Creich, in Fife, united to the said barony : Also to the said Jean Sinclair in liferent the said lands of Kingarth, Lawdifferone, and Urquharts — re serving the liferent of Parbroith, Lillok, and Lawdifferone to the said David and Mary : Also to Elizabeth Seytoun, their daughter, the right of the lands of Urquharts. Dated at Parbroithe, 9th May 1601. Robert and John Seytoun, sons of said David, are witnesses. Confirmed at Edinburgh, 26th June 1601. — Lib. xliii. No. 156. Confirmation by the King of charter by George Seytoun, fiar of Parbroth, whereby, in implement of contract between Patrick Gray of Invergowry on one part, and the said George Seytoun and James, Master of Rothes, and George Seytoun of Carrestoun, his sureties, on the other part, of date at Leslie, Carrestoun, and Dundee, 10th and 12th October 1601, and for certain large sums of money paid to him and David Seytoun of Parbroth, his father, he sold to the said Patrick Gray and his heirs the lands of Haystoun and Scrogerfield, in the barony of Parbroth by annexation, and shire of Forfar. Dated at Dundee, 13th October 1601. William Setoun, brother-german of said George, is a witness. Confirmed at Holyroodhouse, 2nd December 1602. — Lib. xliii. No. 190. Confirmation by the King of charter by Robert, Earl of Wintoun, Lord Setoun, with consent of Dame Margaret Montgomerie his spouse, whereby, for implement of contract of marriage between them and Robert, Master of Wintoun, their son and heir apparent, and Walter Dundas of that ilk and others, their cautioners, on one part, and Dame Jean Flemyng, Countess of Cassillis, Lady Kennedy, with consent of John, Earl of Cassillis, her spouse, and Anne Maitland, daughter lawfully begotten between the late John, Lord Thirlestane, Chan cellor of Scotland, and the said Jean, with consent of James, Master of Paisley, Richard Cokburne of Clerkington, knight, Keeper of the Privy Seal, and Thomas Hamiltoun of Priestfield, curators of said Anne, on the other part, of date 29th and 31st January 1603, registered in the books of the Lords of Council, he granted to the said Robert, Master of Wintoun, and Anne Maitland his future spouse in her virginity, the lands and lordship of Wintoun, with castle, mill, manor, woods, lochs, fishings, etc., with precept of sasine directed to Robert Setoun, brother-german of George Setoun of Northrig. Dated at Setoun, 31st January 1603. Alexander, Lord Fyvie, Sir James Elphinstoun of Barntoun, knight, the King's Secretary, William Setoun of Kyllismure, knight, etc., are witnesses. Confirmed at Holyroodhouse, 22nd March 1603. — Lib. xliii. No. 326. Confirmation by the King of charter granted by Alexander, Earl of Dunfermline, High Chancellor of Scotland, whereby, in implement of matrimonial contract, of date at Edin burgh, Bothanes, Callender, Newbottill, and . . ., 7th, nth, 13th, and 15th November 1607, registered in the books of the Lords of Council, between James, Lord Hay of Yester, with consent of Lady Margaret Ker, Lady Yester his spouse, and Lady Margaret Hay their only daughter, and the said Alexander, Earl of Dunfermline, for his marriage with the said Margaret Hay, he grants to her in liferent the lands of Dalgatie and Dunduf, in the shire of Fife, tenandry of Haillsbrig, kirklands of Haills, mill, etc., in the parish of Haills and shire of Edinburgh, with an annual rent of 1000 merks from the lordships of Fyvie and Urquhart. Dated at Edinburgh, 7th November 1607. Confirmed ist March 1608. — Prince's Register, Lib. i. No. 3. Confirmation of charter by James, Earl of Perth, to Lady Isobella Seytoun, his future spouse, of the lands and barony of Cargill, etc. The marriage contract on which the charter proceeds is dated at Edinburgh, 5th March 1608, and is recorded in the books of the Lords of Council ; the parties on the lady's side being Lady Margaret Montgomerie, Countess of Wentoun, and George, Earl of Wentoun, her son, and the said Lady Isobella is described as daughter of the late Robert, Earl of Wentoun, and the said Lady Margaret Montgomerie. Dated at Drummen, 16th March 1608. Confirmed 12th April same year. — Prince's Register, Lib, i. No. 11. GREAT SEAL 861 Confirmation of charter by George Seytoun of Northrig, and Margaret Forrest his spouse, to Mr. Patrick Forrest, advocate, of a tenement called the Blakhall, in Dirltoun, and other subjects. Dated at Dirltoun, 2nd July 1602. Confirmed 12th March 1607. — Lib. xliv. No. 379. Charter by James the Sixth to George, Earl of Wintoun, of the Earldom of Wintoun, with the estate and title thereof, lands, lordship, and barony of Seytoun and Wintoun, with castles, manors, mills, fishings, etc., advocation of the provostry and prebendaries of the collegiate church of Seytoun, and of other churches, chaplainries, and offices of parish clerk ships ; lands and barony of Tranent, etc. ; lands and barony of Easter and Wester Barnes ; lands and barony of West Nudrie ; lands and barony of Wincheburgh ; lands of Upcragie, etc., which Robert, Earl of Wintoun, Lord Seytoun, resigned in favour of the said George, his brother-german, and which the King, for the service rendered to himself and his predecessors, during many centuries past, in peace and war, by the ancient progeny of the House of Seytoun, of new gave to the said George and the heirs-male of his body ; which failing, to Sir Alexander Seytoun of . . , , knight, his brother-german, and the heirs-male of his body ; which failing, to Thomas Seytoun of . . ., his brother-german, and heirs-male of his body ; which failing, to John Seytoun of . . ., his brother-german, and the heirs-male of his body ; which failing, to the nearest and lawful heirs-male mentioned in the infeftment of the lordship of Seytoun, bearing the surname and arms of the family of Seytoun. Dated at the Palace of Whythall, 12th May 1607. — Lib. xiv. No. 12. Charter to Patrick Seytoun of Lathrisk of the sunny half of Easter Lathrisk and Moncute- myre, in Fife, resigned by David Melville of Touch. 10th February 1608. — Lib. xiv. No. 137. Charter of Apprising in favour of George Clephane of Carslogie of the lands of Parbroith, with the manor-place, etc., which were apprised from George Seatoun of Parbroith (who was duly admonished at his house in the burgh of Dysart, where his wife and children made their daily residence) on 7th January 1609, for a debt of 1700 merks. Robert Seatoun appeared on behalf of Mary Gray, lady elder of Parbroith, his mother, Mr. James Bruce of Newbirne for Jean Sinclair, spouse of the said George Seatoun, and David Seatoun in Urquhart for John Seatoun his father, and Michael Seatoun his brother, for their respective interests. — Paper Register, Lib. i. No. 72. Confirmation by the King of a charter by George Seytoun of Parbroith to Lady Jean Sinclair his spouse, in liferent, in compensation of her liferent of the north half of Easter Gellet, and of the Mains of Parbroith, with kinds, etc. Dated at the burgh of Dysert, 3rd June 1608. — Paper Register, Lib. i. No. 37. James Seatoun of Tullibody, and John his son and heir apparent, are cautioners for Lady Elizabeth Bellenden, relict of James Lawson of Humbie, in the marriage contract of her daughter, Jonet Lawson, with James Fawsyde, son of Robert Fawsyde of that ilk. Of date at Humbie, 20th September 1605. Charters thereon confirmed 27th November 1609. — Lib. xlvi. No. 121. Confirmation of charter granted by Thomas, Viscount Fentoun, Lord Dirletoun, to Alexander, Master of Fentoun, his son and apparent heir, and Lady Anne Seytoun his affianced spouse, eldest daughter of Alexander, Earl of Dunfermline, Chancellor of Scotland, of the lands of Fentoun Tower, called Over Sydeserf, etc. Dated at Westminster, in England, 6th April, and confirmed 6th June 16 10. — Lio. xlvi. No. 219. Charter to John Seytoune of Auquhorties, and his heirs, of the lands of Mynnes, manor- place thereof, and Carbydonnoch, with mill of Mynnes, etc., in the barony of Udny, parish of Foveran, and shire of Aberdeen, on resignation by William Udny of that ilk and others, with consent of William Seytoun of Muny. 5th July 1610. — Lib. xlvi. No. 222. Charter to John, Lord Thirlestane, and Lady Issobel Seytoun his spouse, daughter of Alexander, Earl of Dunfermline, the Chancellor of Scotland, in conjunct fee, and to their heirs-male, etc., of the lands of Gilbertoun, Ugstoun, Little Newtoun, Carfrae, Snawdown, etc., in the regality of Thirlestane. Dated 18th June 1610. — Lib. xlvi. No. 218. Confirmation of charter granted by William, Earl of Angus, and William, Lord Douglas, Master of Angus, his eldest son, whereby, in implement of contract between them on one part, and Robert, Earl of Wentoun, Lord Seytoun, Claud, Lord of Paisley, Lady Margaret Seytoun his spouse, Alexander, Lord of Fyvie, President of the Supreme Royal Senate, James, Master of Paisley, eldest son and heir apparent of the said Claud, Lady Margaret Hamilton, eldest daughter of the said Claud, and Sir William Seytoun of Kylismuir, knight, 862 REGISTER OF brother-german of said Earl of Wentoun, on the other part, of date at Edinburgh, nth July 1601, they grant to the said Margaret Hamilton, future spouse of said Master of Angus, the lordship, barony, and regality of Bothwell, with castles, etc. Dated nth September 1601. Confirmed 15th January 161 1. — Paper Register, Lib. i. No. 192. Charter by the King to Alexander, Earl of Dunfermline, High Chancellor of Scotland, of new granting to him the lands, lordship, and barony of Urquhart, as therein specified ; the lands, lordship, and barony of Fyvie, alias Foirmerteine ; and the lands of Dalgatie, Dunduffe, Serjeantslands and Muirislands of Pettincreiff, in the barony of Inverteill; also the title and dignity of Earl of Dunfermline : all which were resigned by the said Alexander, and were by the King incorporated into one free earldom and lordship, to be called the earldom of Dunfermline and lordship of Urquhart and Fyvie ; one seizin taken at the manor- place of Dalgatie, to stand for the whole : To be holden to the said Alexander and his heirs- male lawfully procreated of his body, which failing, to Sir William Setoun of Kyllismuir, knight, and the heirs-male of his body ; which failing, to the said Alexander, his heirs-male bearing the surname and arms of Setoun, and assignees whatsoever: Rendering therefor 550 merks of blench ferme, and paying to the rector of Urquhart 4 chalders 2 bolls 1 firlot of barley, and £& ; to the rector of Bellie 80 merks ; for the manse of the precentor 53 shillings 4 pennies of feuferme ; and doubling the feuferme at the entry of heirs ; for fishing of salmon, etc., within the floodmark at the mouth of Spey; £4 and 13 shillings and 4 pennies for the tenandry of Hallisbrig of feuferme; and to the minister of Hailles ^70, ns. lod. in full satisfaction of his stipend of the teinds pertaining to the preceptory ; for Fyvie one penny of silver at the castle of Fyvie ; for Dalgatie and Dunduffe one red rose ; for Serjeantslands, etc., one penny of silver in name of blench ferme. Dated at the Court of Roystoun, 6th April 16 1 1. — Lib. xlvi. No. 374. Confirmation of charter granted by Mr. Robert Williamson of Muriestoun, writer, proprietor and superior of all the templar lands in Scotland, whereby he sold to Alexander, Earl of Dunfermline, his heirs-male and of taillie, irredeemably, the templar tenement in the burgh of Dunfermline, with houses, yards, rigs, etc. ; the tenement of the Nethertoun of Dunfermline; the templar lands of Pettincreiff; of Kinglassie; templar tenement, houses, etc., in the Newbigging within the lordship of Mussilburghschyre ; templar tenement, with houses, rigs, etc., within the liberty of the burgh of Mussilburgh in the Loganeraw, alias Wester Holmes ; templar tenements in Fischeraw and in Inveresk ; templar lands of Waterstoune, Easter Ellein, and Crayhead; temple lands of Fyvie, etc., with the office of bailiery of Dunfermline and privilege of free regality, and other privileges in the old infeftments of the lordship of Torfichen, granted by Queen Mary to the late Lord of Torfichen. The charter is dated at Edinburgh 21st July 1610, confirmed 22nd March 1611. — Lib. xlvi. No. 332. The King appoints Alexander, Earl of Dunfermline, etc., keeper of the Palace of Holyroodhouse during life, vacant by the death of George, Earl of Dunbar, treasurer. Dated at Roystoun, 6th April 1611. — Paper Register, Lib. i. No. 127. Confirmation of charter granted by Anne Maitland, daughter of the late John, Lord Thirlestane, Chancellor of Scotland, with consent of Robert, Master of Wintoun, her spouse, etc., to Robert, Earl of Wintoun, in liferent, and Alexander Seytoun, his third son, heritably, of the lands of Thankertoun, etc., in Lanarkshire, and an annualrent of ^50 out of the lands of Kers, Stirlingshire, under reversion of 7000 merks, dated 4th March 1603. Also confirming charter granted by Sir Alexander Seytoun of Foulstruther, knight, third son of the late Robert, Earl of Wintoun, in favour of John, Lord Thirlestane, of the aforesaid lands and annualrent — reserving the redemption thereof to John, Lord Flemyng, and his heirs of taillie, for 7000 merks. Dated at Edinburgh 24th January, confirmed 22nd August, 1611. — Lib. xlvii. No. 386. Confirmation of charter granted by Patrick Home of Garwaldgrange, with consent of Jean Ogill his spouse, and of Marion Sleich his mother, by which he sold to Sir William Setoun of Kylesmuir, knight, and Lady Agnes Stirling his spouse, the lands of Garwald grange, kirklands of Garwald, etc., in the constabulary of Haddington and sheriffdom of Edinburgh : To be holden of the King in place of the monastery of Haddington. The charter is dated 4th, and confirmed 18th, December 1609. — Lib. xlvi. No. 27. Charter to George, Earl of Wintoun, his heirs and assignees whatsoever, of the lands of Innernytie, with manor-place, mill, fishings in the water of Tay, in the Thanage of Kinclevin GREAT SEAL 863 and shire of Perth ; which belonged to Sir Robert Crichton of Cluny, knight, and became in the King's hand through the non-payment of the feufermes by the said Sir Robert. Dated 30th January 1612. — Lib. xlvi. No. 420. Mi mti ¦ 7 - [7, J vy , " • > ' A t ; , ' 11k ¦ - ,! .7- -7, i ' n %$$v;47 rw^&^'wmW X. '\.y& ^<*^.y±jLL^^2&ffz' ^IJr The King appoints Alexander, Earl of Dunfermline, Great Chancellor of Scotland, his commissioner vicegerent in the Parliament to be holden at Edinburgh on 12th October 1612, until the end thereof, with power to represent his person, and to do other things towards the perfecting of the said Parliament as lawfully as Ludovic, Duke of Lennox, the late John, Earl of Montrose, or George, Earl Marischall, commissioners of the King, did. At the Palace of Theobalds, 20th September 1612. — Lib. xlvii. No. 39. Confirmation of charter granted by John Seytoun of Touch, with consent of Elizabeth Home his spouse, whereby he sold to Mr. Alexander Seytoun of Gargunnok, his brother- german, an annualrent of 600 merks from the lands and barony of Touch-Fraser, with fortalice, manor, etc., in the shire of Stirling. Dated at Touch 29th January, and confirmed nth June, 1612. — Lib. xlvii. No. 5. Confirmation of charter granted by Mr. Alexander Hay of Forresterseat, one of the Senators of the College of Justice, to Alexander, Earl of Dunfermline, Lord Fyvie and Urquhart, Great Chancellor of Scotland, of the manse, with garden and dovecot, of the vicarage of Elgin, within the Cathedral College thereof. Dated ist, and confirmed 8th, June 1613. — Lib. xlvii. No. 163. Confirmation of charter granted by John Swinton, son and heir apparent of Mark Swinton, provost of Inverkeithing, to Alexander, Earl of Dunfermline, Great Chancellor of Scotland, of the place, tenement, or hospice of Inverkeithing, with dovecot and garden. Dated 2nd, and confirmed 8th, July 1613. — Lib. xlvii. No. 139. Charter to Alexander, Earl of Dunfermline, etc., principal Chancellor of Scotland, of the teind-sheaves of the lands and mains of Fyvie, lands of Haddo, Cammaloun, and others, in the parish of Fyvie and shire of Aberdeen, on resignation by James, Marquis of Hamilton, Lord Evan and Aberbrothok. Dated 17th November 1614. — Lib. xlvii. No. 385. Confirmation of charter granted by George, Earl of Wintoun, Lord Seytoun, etc. ; whereby, with consent of Alexander, Earl of Dunfermline, etc., Chancellor of Scotland; James, Earl of Abercorn, Lord Paisley ; Thomas, Lord Bynning, Secretary of Scotland ; Sir William Seytoun of Kylesmuir, knight ; also of Lady Margaret Montgomerie, Countess of Wintoun, elder, for implement of contract of the same date as the charter, he granted to his spouse, Lady Anne Hay, Countess of Wintoun, younger, eldest daughter of Francis, Earl of Errol, Lord Hay, Constable of Scotland, in liferent, the lands, lordship, and barony of Seytoun and Wintoun ; lands and barony of Tranent, with castles, etc. ; lands and barony of Easter and Wester Barnes, in the constabulary of Haddington and shire of Edinburgh; and that in exchange for the lands of Winchburgh, with coalheuchs, mains of West Nuddrie, with fortalice and manor, lands of West Nuddrie, with mill, etc., lands of Upcragie, mains of Kirkliston, 864 REGISTER OF etc. Dated at Seytoun, Haddingtoun, and Edinburgh, 2nd, 21st, and 24th August 1615. Witnesses : Thomas Seytoun of Ullistobe, brother-german of the said George ; John Dundas of Newlistoun, etc. Confirmed 23rd November 1615. — Paper Register, Lib. i. No. 323. Confirmation of charter granted by Alexander, Earl of Eglinton, with consent of George, Earl of Wentoun, his brother-german, to Lady Margaret Montgomerie, Countess of Wentoun, in liferent, and John Seytoun, younger son procreated between the late Robert, Earl of Wentoun, and the said Lady Margaret, heritably, of the east third part of the lands of Aldinstoun, called Greindykes, and 1 \ husbandlands of Langnudrie, adjacent_ to the south part of the high road from the palace of Seytoun to the burgh of Haddingtoun, in the barony of Tranent ; also of the lands of Saint Germans, in the constabulary of Hadingtoun and shire of Edinburgh : To be holden to the said Lady Margaret in liferent, and to the said John and the heirs-male of his body ; which failing, to Thomas Seytoun of Olivestobe, his brother- german, and the heirs-male of his body ; which failing, to revert to the said George and his heirs-male succeeding to the Earldom of Wentoun, bearing the surname and arms of Seytoun, irredeemably. Dated at Seytoun and Edinburgh, 23rd and 26th December 1615. Confirmed 14th January 161 7. — Lib. xlviii. No. 187. Charter de novo damns to George, Earl of Wintoun, in liferent, and to George, Lord Seytoun, his son, in fee, of the Earldom of Wintoun, with the name and state of the same, lands, lordship, and barony of Seytoun and Wintoun, with castles, manors, etc., burgh of barony of Cowkeny, and free port thereof, with the haven silver, petty customs, anchorage dues, and great customs of the said harbour ; lands and barony of Tranent ; lands and barony of Easter and Wester Barnes ; lands and barony of West Nudrie, with lands and barony of Winchburgh, etc. ; lands of Hartisheid and Clintis in Berwickshire, on resignation by the said Earl : And whereas, at the erection of the burgh of barony of Tranent, the weekly market was appointed to be held on the Lord's day, and a free fair yearly on certain days ; and whereas other markets are held within burghs not far distant on the Lord's day and other fairs in divers places about the same time as that of Tranent, the King grants that the weekly market may be held there on Friday, and two free fairs yearly, on St. Paul's day (26th June), and St. Columba's day (27th September), and if these days should happen on a Lord's day, on the Monday next thereafter ; and of new incorporating all the above in the free earldom of Wintoun, ordaining the castle and manor of Seytoun to be the principal messuage : To be holden to the said Earl as above, to the said George, Lord Seytoun, and the heirs-male of his body ; which failing, to the said Earl and the heirs-male of his body ; which failing, to Alexander, Earl of Eglintoun, immediate younger brother of the said Earl of Wintoun, and the heirs-male of his body, bearing the surname and ensigns of Seytoun and the Earldom of Wintoun, and not otherwise ; which failing, to Thomas Seytoun of Olivestobe, brother-german of the said Earl of Wintoun, and the heirs-male of his body ; which failing, to John Seytoun of Saint Germans, brother-german of the same, and the heirs-male of his body ; which failing, to the lawful and nearest heirs-male of the late Sir John Setoun of Barnes, immediate younger brother of the late Robert, Earl of Wintoun, father of the said George, Earl of Wintoun, bearing the surname and ensigns of Seytoun and of the said Earldom of Wintoun, and not otherwise: Providing that whenever the said Earl of Wintoun, in his lifetime only (heirs and assignees being excluded), shall pay, in the collegiate church of Seytoun, one rose noble of gold (or 16 merks), upon the premonition of 24 hours, or shall consign the same in the hands of any trustworthy person, he shall have regress to the fee of the aforewritten subjects : And that if the said Earl of Wintoun, and Lord Seytoun, should die without heirs-male of their bodies, the said Earl of Eglintoun and his heirs shall renounce the surname and arms of Montgomerie and of the Earldom of Eglinton, and shall for ever assume the surname and arms of Seytoun and of the Earldom of Wintoun, and shall denude themselves of the Earldom of Eglintoun, and the lands thereof, in favour of the nearest heir of taillie of the House of Eglintoun, according to the charter granted thereupon to the said Alexander ; and if they fail to do so, they shall fall from the right of the Earldom of Wintoun, which shall go to the said Thomas and the heirs following. Dated at Edinburgh, 22nd April 1618. — Lib. xlix. No. 152.The King confirms — (1) a charter by Mr. George Seytoun of Barra, whereby he sold to Alexander, Earl of Dunfermline, High Chancellor of Scotland, in liferent, and to Charles, Lord Fyvie, his son and heir apparent, and his heirs-male, etc., a building and land and GREAT SEAL 865 tenement, with enclosure, within the canonry of Old Aberdeen. Dated at Holyroodhouse 21st February 1620. (2) Another charter by the same Mr. George Seytoun, as chancellor of Aberdeen, with consent of the bishop, dean, and chapter thereof, confirming the charter above noted, because the King, after the act of annexation, had disponed to the said George the said building, etc., called the Mansion of the Chancellor, which Act was annulled in the Parliament in 16 1 7, so far as concerned the lands of prebendaries and members of chapters. At Aber deen, 26th April 1620. Confirmed at Edinburgh, 16th November 1620. — Lib. xlix. No. 220. Charter by the King to John Seytoun of Sanct Germans, of the lands and barony of Foulden, in the shire of Berwick, apprised from William Arnote of Cokburnespeth, and sold to the said John Seytoun for 2500 merks, due to Mr. William Kellie, W.S. Dated 15th February 162 1. — Paper Register, Lib. ii. No. 180. Charter by the King to John Seytoun, eldest son and apparent heir of William Seytoun of Easter Disblair, and the heirs-male procreated between him and Margaret Irving his spouse ; which failing, to the heirs-male and assignees of the said John, of the lands of Easter Disblair and mill of Cavil: also to the said John and Margaret in conjunct fee, and their heirs-male heritably (as above), of the lands of Maillinsyde, south part of Logyruiff, Mylne- fields, etc., all in the shire of Aberdeen, which were resigned by the said William, and Isabella Seytoun his spouse. Dated 26th June 162 1. — Lib. xlix. No. 340. Charter by the King, constituting William Seytoun of Grange, eldest son of Sir William Seytoun of Kyllismure, his Majesty's chief Postmaster, which office was vacant by the de mission of the said Sir William ; with power, after the decease or deprivation of the present under postmasters, to appoint others, or to remove and deprive them, with a fee of ^500. Dated at Theobalds, 2nd April 1623. — Paper Register, Lib. ii. No. 303. Charter by King Charles the First, ratifying a grant by the late King, his father, to Sir William Setoun, knight, and after his death to William and John, his sons, of a yearly pension of ^1200: also ratifying the gift of the Postmastership, with fee of ^500 above noted. Dated at Quhythall, 26th May 1625. — Paper Register, Lib. ii. No. 381. The King confirms — (1) Charter by John Forbous of Monkmylne to Henry Seytoun, second son of Alexander Seytoun of Northrig, of the grain mill of Monkmylne, with the lands of Monk- hauche adjacent thereto, with the multures of the grain growing on the lands of Easter and Wester Monkriggs, and Coitwalls, etc., in the constabulary of Haddington and shire of Edin burgh : To be holden to the said Henry and the heirs-male of his body ; which failing, to John Seytoun, his brother-german, and successively to George and Thomas, also his brothers- german, of the Abbot of Newbottle, in feu ferme. Dated December 1564. (2) Charter by Mr. Alexander Seytoun, burgess of Haddington, heir-male of the said Henry, who was brother of his grandfather, John Seytoun (above mentioned), in favour of Robert Seytoun, now of Monkmylne, of the said mill, lands, etc. Dated at Haddington, 29th April 1629. Con firmation 31st July 1629. — Lib. Iii. No. 221. Charter by the King to John Seatoune, younger of Lathrisk, and the heirs-male pro created between him and Grissell Balfour his spouse ; which failing, to his own heirs-male of his body, of the lands of Wester Lathrisk and others in the shire of Fife : Also to Barbara Arnote, spouse of Patrick Seatoun, elder of Lathrisk, in liferent, of the said lands of Wester Lathrisk, with the houses on the south and west sides of the enclosure of the manor-place of Lathrisk, between the 'yetts' thereof: Also to the said Grissell Balfour in liferent of the lands of Easter Lathrisk, etc. — reserving to the said Patrick Seatoun his liferent of Wester Lathrisk. Dated 13th February 1630. — Lib. Iii. No. 188. Charter by the King to Alexander Seytoun of Petmedden of the lands of Barrach and others in the parish of Bourtie, all incorporated into the barony of Barrach, with parts of Petgevin, which were resigned by William Setoun of Meldrum and Mr. Robert Burnet, elder, advocate. Dated at Holyroodhous, 10th July 1630. — Lib. Iii. No. 286. Confirmation by the King of a charter granted by Charles, Earl of Dunfermline, whereby, with consent of William, Earl of Erroll ; John, Earl of Rothes ; Alexander, Earl of Linlithgow ; and John, Lord Hay of Yester, his curators, and in implement of marriage contract of date at Holyroodhouse and Aberdeen, 29th April, 2nd March, and 9th November 1632, he granted to Lady Mary Douglas his spouse (daughter of William, Earl of Mortoun), in liferent, and during the lifetime of Lady Margaret Hay, Countess of Dunfermline, his mother, the lands, lordship, and barony of Fyvie, alias Foirmairteine, with tower and manor-place thereof, etc. etc. 866 REGISTER OF Dated at Holyroodhouse and Canongate, 9th, 17 th, and 28th of November and 6th December 1632. Confirmed at Holyroodhouse, 10th November 1632. Confirmation of charter in similar terms, and of the same date, by the said Charles, Earl of Dunfermline, in favour of the said Lady Mary Douglas his spouse, in liferent, of 4 oxgates of the lands of Inveresk, with the manor-place (formerly belonging to John Ache- sone, portioner of Inveresk), in the lordship of Musselburghschyre, regality of Dunfermline, and shire of Edinburgh ; lands of Othe, five-sevenths of Eastbarns, alias Grange, kirklands of Haillis, various lands in Fife, and an annualrent of ^300 for the lands of Pinkie in the lordship of Musselburgh. Confirmed 10th November 1632. — Paper Register, Lib. iii. Nos. 217, 218. Charter by King Charles the First to Alexander Seattoun of Gradene, his heirs-male and assignees, heritably, of those ten husbandlands of the lands of Gradene, formerly belonging to Mark Cas, son of the late Richard Cas of Fordell, and conquest by him from Mr. Patrick Home, second son of Sir John Home of North Berwick, knight, and Elizabeth Home his spouse, with mansion-houses, etc., lying in the earldom of March and shire of Berwick : on resignation by the said Mark Cas, in favour of the said Alexander Seattoun. Dated at Holy roodhouse, nth January 1634. — Lib. liv. No. 209. Charter by the same to George, Earl of Wintoun, Lord Seton, his heirs-male and of taillie, of the free burgh of barony of Cokenie, with free harbour and haven thereof, with all the privileges and profits of the same, used and wont, on resignation by the late Robert, Earl of Wintoun. Dated 25th January 1634. — Lib. liv. No. 218. Charter by the same to John Seattoun, fiar of Pitmeddene, eldest son of Alexander Seattoun of Pitmeddene, and the late Beatrice Ogilvie his spouse, and to Elizabeth Johnstoun, spouse of said John, in conjunct fee, and the heirs-male of their marriage, of the lands of Auldbourtie, mill and multures thereof, etc., and to the said John Seattoun, and the heirs-male of his body by the said marriage, which failing, to the heirs-male of the body of the said Alex ander Seattoun, of the lands of Craig, Allathine, Ardinmoir, etc., all in the shire of Aberdeen — reserving to the said Alexander his liferent of all the lands in which the said Elizabeth John stoun is infeft as above : on resignation by the said Alexander, in favour of himself, and then upon assignation by him to the said John as above : now of new granted, and all incorporated into one barony of Allathine. Dated at Edinburgh, 15th March 1634. — Lib. liv. No. 307. Charter by the same to Alexander Seatoun, son of Sir Alexander Seatoun of Kilcreuch, knight, one of the Senators of the College of Justice, and to Janet Cornewall his spouse, and the heirs-male of their marriage, of the third part of the lands of Graden ; proceeding on resignation by Sir David Home of Wedderbume, knight, with consent of George Home, his eldest son. Dated 12th August 1636. — Lib. lv. No. 342. Charter by the same to Sir William Seatoun of Thornetoun, in liferent, and to William, his eldest son, and the heirs of his body, of the lands of Raniestoun, with manor-place, etc., in the parish of Logy Buchan, and shire of Aberdeen : Also to the said Mr. William Seattoun, and Jean Leythe his spouse, and the survivor of them, in satisfaction to the said Jean of her conjunct fee or terce, and to the said William Seattoun, their son, in fee, of the mill and mill lands of Raniestoun, etc. Dated 31st July 1637. — Lib. Ivi. No. 14. Charter by the same to John Seatoun of Auquhorties, in liferent, and after his decease to Mr. Alexander Seatoun, his son, by Helen Leithe his spouse, in fee, of the lands of Fullive, in the barony of Udnie, parish thereof, and shire of Aberdeen ; also of the lands of Tilliery, which were parts of the barony of Udnie and Auchloun, proceeding on resignation by William Udnie, sometime of that ilk, and in virtue of the sale thereof by him to the said John Seatoun, then of Mynnes, in liferent, and to George Seatoun, his eldest son, by the said Helen Leithe, in fee, in virtue of contract, dated 24th April 1630, between the said John Seatoun and George his son, on the first part, William Seatoun, also son of said John Seatoun, by Anna Gordoun his spouse, on the second part, and the said William Udnie, for himself and for Anna* Udnie his daughter, and she for herself, and they both with consent of Alexander Seatoun of Pet- medden, donator to the escheat of the said William Udnie, Mr. Robert Udnie of Lamyngton, William Seaton, now of Udnie, and John Forbes of Balnagask, on the third part : and the multures, sequels, and knaveships of the lands of Tillive, which belonged to the said William Seatoun, now of Udnie, were by him, with consent of Margaret Grahame his spouse, resigned in favour of the said John Seatoun of Auquhorties, his heirs and assignees, heritably. Dated 27th June 1635. — Lib. Ivi. No. 57. GREAT SEAL 867 Charter by the same to John Seatoun, fiar of Lathrisk, of the lands of the Mains of Malar, with the tower, fortalice, and manor-place, and salmon-fishings on the water of Erne, lying in the parish of Forteviot, and shire of Perth, on resignation thereof by Mr. Hew Moncreiff, sometime of Malar. Dated 9th August 1642. — Lib. lvii. No. 89. Charter by the same to the same, of the half of the lands of Strabrok, in the shire of Linlithgow, on resignation by William, Earl Marischal. Dated 24th December 1638. — Lib. Ivi. No. 58. Charter by the same to George, Earl of Wintoun, his heirs-male and of taillie, of the lordship and barony of Haills, with the castle and fortalice, except the portions thereof dis poned to the said George principally, and to Francis, Earl of Buccleuch, in warrandice and security, as therein mentioned ; with the patronage of the church of Hauche, called the prebendary of Lintoun and chaplainry of Markle ; lands and barony of Auldhamstoks, with patronage of the church thereof and of the chaplainry of Coldbrandspeth and hospital thereof; lands of East Craig and Hoprig, and of Morhame, with tower and fortalice, mill, etc., and patronage of the kirk thereof, lying within the shire of Edinburgh and constabulary of Haddington ; lands and barony of Creichtoun, with castle and manor-place, etc., with patron age of the provostry of Creichtoun and chaplainries thereof; lands of Murehous, within the shire of Edinburgh, for the principal; the lands of Quhitsun, etc., with patronage of the kirk thereof, in the shire of Berwick; lands of Ferningtoun, with hospital of the same; lands of Langnewtoun, with tower, mill, etc., in the shire of Roxburgh ; lands and barony of Dryvisdaill and Carruthers, with patronage of the kirk of the latter place, in the stewartry of Annandale and shire of Dumfries ; lands and barony of Dunsyre, Lanarkshire, of Kirkmichael, Ter- raughtie, Drumlark, Mabie, and Cruiks ; lands and barony of Earlstoun, etc., in shire of Dumfries : and in like manner granting to the said George, Earl of Wintoun, and his heirs aforesaid heritably, and to the aforesaid Francis, Earl of Buccleuch, and his heirs-male, etc., in special warrandice and security, under the conditions contained in a contract between the said Francis, on one part, and Charles Stewart, son and heir of the late Francis Stewart, who was eldest son of the late Francis, Earl of Bothwell, the said George, Earl of Wintoun, and George Seton, Doctor of Divinity, and some other persons, on the other part, of date 1647 and 1648; the lands of Traprain; lands of Nether Hailes, being parts of the said lordship and barony of Hailes, lying in the constabulary of Haddington and shire of Edinburgh: which all and sundry lands, baronies, etc., belonged before to the said Francis, Earl of Buccleuch, and were resigned by him in Exchequer at Edinburgh, for this new infeft- ment, with 4000 ... to the said George, Earl of Wintoun, etc., and erecting again the barony of Hailes. Dated ist March 1648. — Lib. lviii. No. 141. Charter to George, Earl of Wintoun, of the lands of the Earldom of Wintoun, of new erected. Dated at Newcastle, 27th January 1647. — Lib. lviii. No. 193. Charter by the Keepers of the Liberties of England to Alexander Seatoun of Graden, and Janet Cornewall his spouse, approving of a bond and obligation and precept of seizin therein contained, granted by John Cornewall of Bonhard on 17th December 1652 to the said Alexander and Janet, of an annualrent of 266 merks from the lands of the said John Cornewall. Dated 7th March 1653. — Lib. lix. No. 32. Charter by the same to Mr. George Seatoune, now of Shethune, brother and heir of the late William Seatoun of Shethune, of the lands of Reschivit, etc., in the shire of Aberdeen. Dated 7th March 1653. — Lib. lix. No. 34. Charter by the same confirming charter made by the late John Seattoune of Auquhorthes to James Seattoune his son, and the late Bessy Bisset, therein designed his future spouse, in conjunct fee, of the half of the lands of Cowhill, mill thereof, etc., in the barony of Barra and shire of Aberdeen. Dated at Lessindrum, 29th November 1638. Confirmed at Edin burgh, 3rd January 1654. — Lib. lix. No. 116. Confirmation by Oliver, Lord Protector, of a charter by Mr. George Seatoune of Shethin, to Mr. John Seatoune, minister at the Kirk of Foverane, of the mains of Shethin, in the parish of Tarves and shire of Aberdeen : To be holden of the said Mr. George, in feuferme, or of Gilbert, Earl of Errol, in fee. Dated 15th February 1655. Confirmed 8th June same year. — Lib. lix. No. 188. Charter by Charles the Second to George, Earl of Wintoun, of the lands of Athelstan- furd, Gairmiltoun, and others, united and incorporated into one whole barony of Athelstanfurd : 868 REGISTER OF To hold as therein mentioned to the said George, Earl of Wintoun in liferent, and to John Seatoun, his now eldest surviving son, begotten between him and Lady Elizabeth Maxwell, Countess of Wintoun, his spouse, for himself and as heir-male and of taillie of the late Christopher Seatoun, his eldest brother of the same marriage, in fee, and to the heirs-male of his body ; which failing, to Robert Seatoun, his brother, also of the same marriage, and the heirs-male of his body ; which failing, to Sir Alexander Seatoun of Craigiehall, knight, also their brother, and the heirs-male of his body ; which failing, to the said Earl George, his nearest heirs and assignees whatsoever, under the provisions therein specified, one of which is that the said John Seatoun shall be obliged to warrant a disposition and infeftment granted by his father and him to the said Robert, his brother, of the lands of Easter and Wester Windygowls, Newmains, Mildeis, etc. : Proceeding on resignation by the late Sir Alexander Touris, younger of Innerleith, as to Garmilltoun, and by Sir Adam Hepburn of Humbie and John Hepburn of Wauchtoun as to Athelstanefurd. Dated 13th August 1649. William Seatoun, deceased, is also mentioned as one of the brothers of the said John. — Lib. lviii. No. 1 94. Charter to Walter Seaton, lawful son of Alexander Seaton of Graden, and his heirs- male, of the lordship and barony of Abercorn, etc., on resignation by Alexander, Viscount of Kingston. Dated 17th January 1662. — Lib. lx. No. 125. Charter to John Seaton, younger of Thorntoun, of the lands and mains of Thorntoun, etc., in the parish of Glamis, and shire of Forfar : which lands, etc., pertained before to John Thorntoun, sometime of that ilk, and were resigned by him for new infeftment of the same to be given to Margaret Benerman, spouse of Mr. Alexander Seatoun of Tilbirie, afterwards of Newark, in liferent, and to the said Mr. Alexander Seaton, his heirs-male and assignees, heritably, and again resigned by them in favour of George Seaton of Woodhill, now of Thorn toun, in liferent, and of John Seaton his son, heritably. Dated 30th August 1662. — Lib. lx. No. 156. Charter to Mr. Alexander Seaton, advocate, in the burgh of Edinburgh, and his heirs, of the lands of Allathine, etc., as the same were then possessed by James Seaton of Pitmedden and others, and were resigned by them to the said Mr. Alexander. Dated 26th January 1665. — Lib. lxi. No. 34. Charter to John Seatoune of Lathrisk, eldest son of the late John Seatoune, elder of Lathrisk, and the heirs-male procreated between him and Agnes Beatoun, his spouse, of the lands of Wester Lathrisk, Easter Lathrisk, etc., formerly incorporated into one barony. Dated 18th June 1669. — Lib. lxii. No. 90. Charter to James Seaton of Touch in liferent, and to James, his eldest son, and the heirs-male of his body, in fee, of the lands and barony of Touchfraser, with tower, fortalice, etc., in the parish of Gargunnock and shire of Stirling : on resignation by the said James Seaton, elder. At Whitehall, 9th March 1603. — Lib. lxii. No. 113. Diploma to Sir Robert Seatoun of Windigoull, son of the late Earl of Wintoune, and to the heirs-male of his body of the title and dignity of Knight-Baronet. Dated at Whytehall, 24th January 1671. — Lib. lxii. No. 286. Diploma in favour of John Seatoun of Garletoun, son of the late George, Earl of Wintoun, and the heirs-male of his body, of the title and dignity of Knight-Baronet. At Whytehall, 9th December 1664. — Lib. lxiii. No. 13. Confirmation of charter granted by George Seatoun of Carrestoun, with consent of the late George, Earl of Wintoune, and Robert Seaton, bailie of Tranent, to Margaret Seatoun, eldest daughter of the late Sir Thomas Seatoun, brother-german of the said Earl of Wintoun, now wife of the said George Seatoun of Carrestoun, in liferent, of the lands of Carrestoun. Dated 25th June 1673. — Lib. lxiv. No. 15. Charter to George, Earl of Wintoun, and the heirs-male of his body ; which failing, to any person or persons he should nominate by writ under his hand, during his lifetime or in the article of death, and the heirs-male of their bodies, under the conditions contained in the said nomination; which failing, to his nearest heirs and assignees, the eldest daughter always succeeding without division, marrying, however, a gentleman of the name of Seton, or who shall assume the name and wear the arms of the family of Wintoun, of the earldom and lordship of Wintoun, together with the title and honour of the Earl of Wintoun : Proceeding on resignation by the said George, Earl of Wintoun, with a de novo damus, and new erection, Dated at Windsor Palace, 31st July 1686, — Lib. Ixxi. No. 94. PRIVY SEAL 869 Charter to Christopher Seatone of Carrestoun in liferent, and to George Seatone, his eldest son, and the heirs-male of his body in fee; which failing, to his other sons, or the heirs-male of the body of the said Christopher, and the heirs-male of their bodies ; which failing, to his daughters or heirs-female, and the heirs-male of their bodies, etc., of the lands and mains of Carrestoun, with tower, fortalice, manor-place, mill, etc. : Also the lands of Ballinkirk, Rameldrie, etc. : Proceeding on resignation by the said Christopher — reserving to Helen Watsone, his present spouse, those parts of the lands provided to her in liferent. Dated at Edinburgh, 21st July 1706. — Lib. lxxxii. No. 168. Charter to Elizabeth, alias Betty, Seton of Touch, wife of Mr. Hew Seton (late Paterson), younger of Bannockburn, advocate, only surviving child of the late Archibald Seton of Touch, by his marriage with the late Barbara Hunter, and the heirs-male of the body of the said Elizabeth ; which failing, to the nearest heirs and assignees of the said deceased Archibald Seton, heritably, of the lands and barony of Touch-Seton, with tower, fortalice, etc., the heritable office of armour-bearer and esquire of the Royal Body, with the salary attached thereto, of old granted by King James to the deceased Sir Archibald Seton, then of Tullibodie, ancestor of the said Elizabeth, and confirmed by King Charles the Second, by charter under the Great Seal, of date 19th October 1681, together with a salary of ,£200 sterling for the said hereditary office, etc. etc. : Proceeding on resignation under the marriage contract between the said Archibald Seton of Touch-Seton and Barbara Hunter, of date 27th April 1721, in favour of the heirs therein mentioned. Dated 12th February 1743. — Lib. xcvii. No. 285. (Search continued to 1760.) 3. Register of Privy Seal. Letter of Gift to Alexander Seton, son and apparent heir of Alexander Seton of Tulch- fresal, of the maills and duties of the lands of Mekill Geddes for all the terms they had been in the King's hands through non-entry, till he recover state thereof. Dated 9th February 1494-5. — Vol. i. fol. n. Letter of Sale from the King (James iv.) to Lord Setoun, of the ship called the Egill, with all the ' stuff, artilzery, and abulzementis, tow and takill being in hir,' for ^500, with a quitclame thereof, and a charge to James Makison to deliver the said ship to the said Lord Setoun. Dated 22nd January 1498-9. — Vol. i. fol. 67. Letter of Gift to PatrickBGordon of Aldaich, of the ward of the lands of Meldrum, lying within the sheriffdom of Aberdeen, and of other lands, with advocation and donation of kirks and chaplainries, being in the King's hands by reason of ward through the decease of Alex ander Setoun of Meldrum, together with the marriage of Alexander Setoun, 'nevo (grandson ?) and air to the said Alexander, his grantschir,' and failing by decease of him unmarried, the marriage of the heir or heirs whatsoever that shall come to the said Alexander's heritage. Dated 20th March 1500. — Vol. ii. fol. 38.* Precept of Legitimation to James Seytoun, carnal son to George, Lord Seytoun, in common form. At Edinburgh, 15th May 1500. — Vol. ii. fol. 72. Precept of charter of apprising to George, Lord Seytoun, of the fourth part of the lands of Bynnyng, with principal mansion-house and yard thereof, lying within the sheriffdom of Linlithgow, pertaining to John Bynning of that ilk, and holden by him of the King : and apprised to the King by the sheriff-depute of Linlithgow, and others, for the sum of 200 merks, due to the King for certain unlaws, which lands were granted to the said Lord Seytoun for the sum of 200 merks. At Edinburgh, 14th July 1503. — Vol. ii. fol. 105. Precept for charter of resignation to Alexander Seytoun of Tulchfresell, of the lands of Bruntcastle, lying within the sheriffdom of Berwick, which belonged to William Furd heritably, and were resigned by him in the hands of the King in favour of the said Alexander and his heirs: To be holden of the King in fee and heritage. Dated 22nd December 1502. — Vol. ii. fol. 128. Presentation in favour of James Seytoun, student in the University of Aberdeen, to the vicarage of Bothelny, now vacant by the decease of Mr. Alexander Setoun, late vicar thereof. Of date at Edinburgh, 24th November 1505.— Vol. iii. fol. 27. 870 REGISTER OF Precept for charter of conjunct infeftment to George Seyton, son and heir apparent of George, Lord Seyton, and Janet Hepburn, spouse to the said George, younger, of the ^40 land lying in the town and territory of Seyton, lands of East Bernis, extending to ^20 lands, lying in the barony of Bernis, and of ^20 lands of Lang Niddry, lying in the barony of Tranent, sheriffdom of Edinburgh, and constabulary of Haddington. At Edinburgh, 25th January 1506-7. — Vol. iii. fol. 137. Precept for charter of conjunct infeftment to George, Lord Seytoun, and Janet Hepburn his spouse, of the lands of Wyntoun, with manor-place, fortalice, mill, etc., lying in the barony of Seytoun, sheriffdom of Edinburgh, and constabulary of Haddington, and the dominical lands of Mylis, with manor-place thereof, etc., lying in the barony of Tranent ; which belonged heritably to the said Lord Seytoun, and were resigned by him in the King's hands ; for new infeftment thereof to himself, his said spouse, and the heirs lawfully procreated or to be pro created between them ; whom failing, to the nearest and lawful heirs of the said George what soever. At Edinburgh, 6th April 1508. — Vol. iii. fol. 171. Licence to Sir Alexander Seton of Touchfresel, knight, to sell ^20 worth of his lands of Tullybody, in the sheriffdom of Clackmanan, to whomsoever he pleased, without prejudice either to himself or them, notwithstanding that he holds them of the King in ward and relief. At Stirling, 22nd April 1509. — Vol. iv. fol. 22. Licence to George, Lord Seytoun, to pass to any place out of the realm, with any of his kinsmen and servants that he shall choose, and to remain furth thereof for the space of three years and forty days after the expiry thereof; during which time the King takes under his protection all the possessions, lands, etc., belonging either to the said Lord or to his said kinsmen and servants who may accompany him, and exempts them from compearing at any justice or chamberlain ayres, or any sheriff-courts, during that time. At Stirling, 19th April 1 510. — Vol. iv. fol. 63. Letter to Master David Setoun, person of Fetherkerne, of the gift of the marriage of John Bonar, son and heir of umquhile James Bonar of Rossy, together with the non-entry of lands lying in Leuchars, within the sheriffdom of Fife, extending yearly to 10 merks worth of land, and two parts of the lands of Baldivy, extending to 8 merks worth of land, called Disert, within the sheriffdom of Forfar : for all the time they have been in the King's hands since the decease of the said umquhile James, through the non-entry of the righteous heir thereto. At Edinburgh, 31st January 1506. — Vol. iv. fol. 74. Precept for charter to Alexander Setoun of Tulchfraser, knight, of the lands and barony of Tulchfraser, etc., lying within the sheriffdom of Stirling ; which were by the said Alexander and his predecessors for a long time enjoyed, and by decreet of the Lords of Council, dated 28th February 1504, were adjudged to pertain in property to the King : Because that the same pertained to the late Murdoch, Earl of Fife, by infeftment from the late John Stewart, Earl of Buchan, his brother ; and for certain crimes and treason committed by the said Murdoch, the said lands and barony were forfeited. At Edinburgh, 4th November 15 10. — Vol. iv. fol. 103. Precept for charter to John Setoun of Lauthrisk, of the lands of Fairlelands and Riggis, lying in the barony of Lauthreisk, within the sheriffdom of Fife, which were formerly reputed tennandry to the said John Seton, and now by decreet of the Lords of Council are decerned to have been and to be in the hands of the King and his predecessors for the space of fifty years, and which lands the King unites with the said John's lands and barony of Wester Lau thrisk ; and the King wills that the services of the said barony of Wester Lauthrisk shall be for the aforesaid lands of Fairleland, because they are now united to Lauthrisk. At Edin burgh, 10th August 151 1. — Vol. iv. fol. 155. Precept on charter, George, Lord Setoun, and Janet Hepburn his spouse, in conjunct fee, of the lands and barony of Barnes, called East Barnes and West Barnes, lying in the constabulary of Haddington and sheriffdom of Edinburgh, which belonged heritably to the said George, and were resigned by his procurators : To hold to the said George and Janet, and the heirs lawfully procreated or to be procreated between them ; which failing, to the heirs of the said George whatsoever, of the King. At Edinburgh, ist February 1511-12. — Vol. iv. fol. 172. Precept for confirmation to Alexander Setoun of Tullybody, knight, of a charter made to him by Robert Colville of Uchiltree, knight, of five mercates of the lands of old extent of PRIVY SEAL 871 Gargunnok, with tower, fortalice, and mansion-house of Gargunnok, lying in the sheriffdom of Stirling. At Edinburgh, 22nd February 1511-12. — Vol. iv. fol. 174. Letter of Gift to John Setoun, and his heirs, of the maills, profits, and duties, of the lands and barony of Parbroath, with pertinents, etc., viz., the place and mains of Parbroath Ladi- feron, with the mill ; £6 annualrent out of Ramsay-Forthir ; the lands of Easter, Myddle, and Loppy Urquhart, lying within the sheriffdom of Fife ; the lands of Hayston, Scrogarfield, lying in the shire of Forfar, being in the King's hands for the space of fifty years, until the entry of the righteous heir with a promit to infeft the said John, if the lands happen to fall in the King's hands, providing that the frank tenement thereof be enjoyed by Alexander Setoun of Parbroth during his lifetime. At Edinburgh, 13th March 1511. — Vol. iv. fol. 177. Gift to Alexander Setoun of Parbroth, and Janet Setoun his daughter, of the maills, profits, and duties of the lands of Parbroth, and others, specified in the gift made before to John Setoun, for all the days of their lives, freely to be bruiked and joysed by them. At Edinburgh, 10th March 1512. — Vol. iv. fol. 180. Precept for charter of apprising to John Setoun, grandson and heir of Alexander Setoun of Parbroth, of the lands and barony of Parbroth, viz., the place and lands of Parbroth, the lands of Ladifferon, with mill thereof, an annualrent of j~6 out of the lands of Ramsay- Forthir, lands of Urquharts, lying within the sheriffdom of Fife : the lands of Hayston and Scrogarfield, in the shire of Forfar : which lands were in the hands of the King and his prede cessors for the space of fifty years, by reason of non-entry — reserving the frank tenement to the said Alexander. At Edinburgh, 28th July 1512. — Vol. iv. fol. 194. Presentation of Mr. Christopher Seton, directed to the vicars-general of the cathedral church of Aberdeen, to confer on him collation of the vicarage of Logydurno, now vacant by decease of the late Mr. William Lyei, last vicar thereof. At Edinburgh, 15th June 15 15. — Vol. v. fol. 1. Precept for charter, with consent of the Governor, to John Seytoun, and Jonet Trumbill his spouse, and the survivor of them, in conjunct fee, and their heirs, of the fourth part of the lands of Gargunnok, mill thereof, etc., and £3 lands of the barony of Plane, lying in the shire of Stirling, and the half of one-seventh part of the lands of Fordale, in the shire of Fife ; which pertained heritably to the said Janet, who resigned the same in the hands of the Governor, in name of the King. At Edinburgh, 23rd November 15 15. — Vol. v. fol. 30. Letter made, with consent of the Governor, to Mr. David Seytoun, canon of Aberdeen, of the gift of £5, to be uplifted yearly, furth of the lands of Disclune, lying in the shire of Kin cardine, and of the maills and profits of a croft called Forestar Croft, in the said shire, of all the terms they have been in the King's hands, through non-entry of the righteous heirs, since the decease of Andrew, Lord Gray, the King's immediate tenant of the same. At Edinburgh, 26th November 1516. — Vol. v. fol. 102. Letter of Gift, with advice of the Treasurer, to Alexander Seytoun of Meldrum, of the ward of all lands, fishings, etc., which pertained to the deceased Magnus Mowat of Loscragy, and now in the King's hands by reason of ward. At Edinburgh, ist December 1526. — Vol. vi. fol. 39. Precept of Remission to Andrew Seytoun of Parbroth and David Seytoun for complicity with Archibald, Earl of Angus. At Edinburgh, 15th December 1526. — Vol. vi. fol. 50. Precept for charter to John Seytoun, son of the late Alexander Seytoun of Meldrum, over the half of the town and lands of Rothnok, six oxgates of the lands of Auchlevin, sixth part of the mill thereof, the half of the town of Drumrossy, four oxgates of the lands of Ardone, the half of the lands of Kingudy, the half of the town and lands of Rudrestoun, with fishings on the water of Dee, together with the right of patronage of the chaplainries founded by the late William and Henry Leith, at the altar of St. Laurence, within the parish church of Aber deen, which belonged heritably to Janet Leith, relict of the said deceased Alexander, and mother of the said John. At Dundee, 15th February 1526-7. — Vol. vi. fol. 52. Letter of Gift to Niniane Seytoun of Tulch, of the non-entry and relief of the lands and barony of Tullybody. At Edinburgh, 29th March 1527. — Vol. vi. fol. 56. Respite to Niniane Seytoun of Tulybody, knight, and 180 others, for . . . At Edin burgh, 14th March 1526-7. — Vol. vi. fol. 62. Letter to John Seytoun, brother-german of Ninian Seytoun of Tulybody, knight, making him gentleman of the King's house, with ,£40 yearly of fee during his lifetime. At Edinburgh, 15th December 1526. — Vol. vi. fol. 68. 872 REGISTER OF Precept for charter of conjunct infeftment, to George, Lord Seytoun, and Elizabeth Hay his affianced spouse, of the town and lands of Wyncheburgh, lying in the barony thereof, and shire of Linlithgow. At Edinburgh, 15th June 1526. — Vol. vi. fol. 69. Letter of Gift to Niniane Seytoun of Tulybody, knight, of all maills, profits, and duties, of the half of the lands of Brouncastell, lying in the lordship of Lauderdaill, and shire of Berwick, with the relief thereof. At Edinburgh, 12th August 1527. — Vol. vii. fol. 85. Precept of Remission to George, Lord Seytoun, and six others, for remaining from the royal army at Sol way. At Edinburgh, 4th January 1527-8. — -Vol. viii. fol. 5. Letter of Gift to George, Lord Seytoun, his heirs and assignees, of the escheat goods of Cuthbert and Patrick Cranstouns, sons to Thomas Cranstoun in Dodds, and now pertaining to the King, through the said Cuthbert and Patrick being fugitives from the land, and at the horn, for art and part of the slaughter of umquhile Andro Reidpath of Deridoun. At Edin burgh, 12th October 1529. — Vol. viii. fol. 102. Precept for Confirmation to Gilbert Seytoun, of a charter made to him by Andrew Seytoun of Parbroth, his father, of the lands and barony of Parbroth, with tower, mill, etc., in the shire of Fife : excepting the lands of Urquhart Easter, Middill Urquhart, and Loppy Urquhart, lands of Lillok, in Fife, and the half of lands of Ardoch, in shire of Forfar. At Edinburgh, 10th March 1529-30. — Vol. viii. fol. 172. Letter to Niniane Setoun of Touch, knight, ratifying the gift of non-entry made to him of the lands and barony of Tulybody, both in property and tenandry. At Stirling, 2 7th March 1530. — Vol. viii. fol. 209. Ratification by the King to Ninian Seytoun of Tough, knight, of the former gift of the non-entry of the lands and barony of Tulybody. At Stirling, 2nd March 1530. — Vol. viii. fol. 243. Precept for Legitimation to John Seytoun of Gargunnok, bastard son natural of the late Alexander Setoun of Tulibody. At Stirling, 31st January 1530-31. — Vol. ix. fol. 5. Precept for Remission to William Seytoun in Auchinhufe and three others, for remaining from the King's army at Solway, etc. At Aberdeen, nth February 1527-8. — Vol. ix. fol. 23. Letter of Gift to William Setoun, son and heir of the deceased Alexander Setoun of Meldrum, of the said William's own marriage, pertaining to the King, through the decease of his said father, and failing of him by decease unmarried, the marriage of any other heir or heirs- male or female of the said Alexander, that shall happen to succeed him in his heritage. At Edinburgh, 20th February 1531-2. — Vol. ix. fol. 85. Precept for confirmation to George, Lord Seytoun, of a charter granted to him by John, Lord Hay of Yester, of the lands of Gamylstoun and Redishall, lying in the barony of Yester, constabulary of Haddington, and shire of Edinburgh. At Perth, 28th July 1531. — Vol. ix. fol. 95. Precept for confirmation to Margaret Seytoun, daughter of Ninian Seytoun of Tulibody, knight, for all the days of her life, of a charter of gift to her by David Somervell, younger, Lord of Plane, of four mercates of the lands of Plane, in the barony of Plane, and shire of Stirling. At Stirling, 22nd May 1532. — Vol. ix. fol. 104. Gift to George, Lord Seytoun, his heirs and assignees, of all the goods, moveable or immoveable, which pertained to the deceased Mr. Christopher Seytoun, and now pertaining to the King by reason of escheat and 'law of bastardy,' because the said Mr. Christopher was born and died bastard, without lawful disposition of his goods in his lifetime. At Edinburgh, 17th December 1532. — Vol. ix. fol. 171. Precept for confirmation to Christopher Seytoun of a charter made to him by Thomas Fotheringhame of Powry, of the lands of Myretoun, lying in shire of Forfar. At St. Andrews, 29th February 1535-6. — Vol. x. fol. 90. Precept for charter to John Seytoun, younger of Gargunnok, and Helen Callendar his spouse, in conjunct fee, of the half of the lands and barony of Gargunnok, with the half of the mill thereof, lying within the shire of Stirling ; which belonged heritably before to the said John, and were personally resigned by him in the hands of the King at Stirling. At Stirling, 18th July 1536. — Vol. x. fol. 135. Letter of Gift to George, Lord Seytoun, his heirs and assignees, of the ward of all lands, etc., which pertained to umquhile Philip Nesbett of that ilk, and now in the King's hands by reason of ward, till the lawful entry of the righteous heir or heirs thereto, being of lawful age, PRIVY SEAL 873 with the releif thereof : Also the gift of the marriage of Nesbett, son and heir of the said umquhile Philip, and failing of him by decease unmarried, the marriage of any other heir or heirs-male or female whatsoever of the said Philip, who shall happen to succeed him in his heritage. At Edinburgh, 27th April 1537. — Vol. x. fol. 186. Gift to David Carncros of Balmaschynnar of the non-entry of Torbeg in Forfarshire, since the decease of the late John Carncros of Balmaschynnar, guidschir to the said David. 8th May 1537. — Vol x. fol. 190. Precept for charter of apprising to John Seytoun of Lauthrisk, over the lands of Fair- leislands, lying in the lordship of Wester Lauthrisk, and shire of Fife, apprised for ^200 in defect of moveable goods. At Edinburgh, 24th July 1538. — Vol. xii. fol. 41. Precept for charter to George, Lord Seytoun, of the lands and barony of Wincheburgh, and lands of Upcragy, with tower, fortalice, etc., lying in the shire of Linlithgow, which belonged heritably to the said George, and were personally resigned in the hands of the King at St. Andrews : Holding to the said George and his heirs of the King and his successors, for one penny of silver payable at the Castle of Nudry, at the feast of Whitsunday yearly, in name of blenche ferme. At St. Andrews, 2nd August 1539. — Vol. xiii. fol. 18. Precept for charter to George, Lord Seytoun, of the lands and barony of Wincheburgh, lands of Craigy, and Dundas, with tower, fortalice, etc., lying in the shire of Linlithgow, which belonged heritably to the said George, and were personally resigned by him in the hands of the King at Edinburgh — rendering therefor yearly one penny silver at the castle of West Nudry in name of blench ferme. At Edinburgh, 12th March 1540. — Vol. xiv. fol. 65. Letter of Regress to John Seytoun of Lauthrisk, over five twelfth parts of the lands of Kilmaron, lying in the shire of Fife, sold by him to William Hunter and Grissel Ramsay his spouse. At St. Andrews, 29th February 1540. — Vol. xiv. fol. 70. Precept of Legitimation to Alexander Seytoun, bastard son natural of Robert Seytoun. At Temptalloun, 27th July 1541. — Vol. xv. fol. 9. Letter of Regress to Walter Seytoun over some lands of Tulybody sold by him to John White. At Edinburgh, 22nd October 1541. — Vol. xv. fol. 40. Letter of Gift to George, Lord Seytoun, his heirs and assignees, of the escheat goods of Sir David Nisbet, chaplain, pertaining to the King, through deforcement made by the said Sir David and his servants, on the King's officers and servants of the sheriffdom of Berwick, when they were poinding, for the Castle Wards of the lands of West Nisbet owing to the King. At Perth, ist November 1541. — Vol. xv. fol. 45. Precept for Charter of Feu to Mr. George Seytoun, over the twelfth part of the south quarter of the town of Auchtermuchty, with common pasture, etc., lying within the stewartry and shire of Fife, which pertained to Alexander Stirk in feuferme, and was resigned by him in the hands of the Lord Governor. At Edinburgh, 25th January 1542-3. — Vol. xvii. fol. 10. Letter of Gift to George, Lord Seytoun, his heirs and assignees, of the marriage of Robert Logane, younger, fiar of Restalrig, with all proffits thereof, which marriage pertained to David Wod of the Crag, comptrollar, and was renounced by him, in the hands of the late King, for certain sums of money, paid to the said David therefor. At Edinburgh, 10th January 1542-3. — Vol. xvii. fol. 27. Letter of Gift to John Seytoun of Lathrisk, Janet Auchmouty his spouse, and their heirs, of the non-entry of the lands of the Mylntoun of Orky, and mill of the same, with common pastures, etc., of all terms that they have been in the Queen's hands since the death of Alexander Lathrisk. At Edinburgh, 16th April 1543. — Vol. xvii. fol. 46. Letter of Gift to Mr. George Seytoun of the maills of the lands called the Castell riggis of Kinghorne, lying in the shire of Fife, of all terms that the same have been in the hands of the late King or his predecessors, as superiors thereof, by reason of ward or non-entry, since the decease of the last lawful possessor thereof, and till the entry of the lawful heir thereto. At Edinburgh, 30th April 1543. — Vol. xvii. fol. 53. Letter of Gift to George, Lord Seytoun, and his heirs, of the escheat goods which per tained to William Haliburton in Wolfstruther, and now in the Queen's hands through the said William being denounced rebell and put to the horn, for not payment of £50 to James Kirkcaldy of the Grange, treasurer for the time. At Edinburgh, 15th February 1543-4. — Vol. xviii. fol. 28. Respite to William Seytoun of Meldrum for art and part of the slaughter of umquhile 5S 874 REGISTER OF James Seytoun, recklessly committed' by the shot of a hagbut, to last for 19 years. At Edin burgh, 1 2th December 1544. — Vol. xviii. fol. 97. Letter to Marioun, Beatrix, Helenor, and Marie Seytouns, daughters lawful to George, Lord Seytoun, and their assignees (making mention that the said George, Lord Seytoun, has done faithful service since the decease of the late King, to the Queen her tutor and governor in her name, remaining continually in her service, etc. Therefore in compensation thereof, in case the said George happen to be slain or die in her or, her said tutor's service, before the perfect age of George Seytoun his son and apparent heir, and failing of him by decease un married, or any other his heir or heirs-male succeeding to him), of the gift of the ward of all lands which it shall happen the said Lord Seytoun to possess at the time of his death, and the non-entry of the same during the ward thereof, and till the entry of the righteous heir or heirs thereto ; Together with the marriage of the said George Seytoun his son ; and the Queen decerns that this present gift of ward shall be of as much avail as if it were made after the decease of the said Lord Seytoun, notwithstanding it was made before it. At Linlithgow, 14th November 1544. — Vol. xviii. fol. 114. Precept for confirmation of charter of gift by George, Lord Seytoun, to John Seytoun, his second lawful son, and the heirs-male of his body ; which failing, to George Seytoun, the granter's son and heir apparent, and the heirs-male of his body ; which failing, to James Seytoun, his third lawful son, and the heirs-male of his body ; which failing, to the lawful and nearest heirs of the said Lord whatsoever, of the lands of Wountoun, with manor-place, etc., lying in the barony of Seytoun, constabulary of Haddington, and shire of Edinburgh. At Stirling, 18th May 1545. — Vol. xix. fol. 13. Precept for charter of conjunct fee to Walter Seytoun of Tulybody, and Elizabeth Erskine his spouse, and the heirs lawfully procreated or to be procreated between them, of the 50s. land lying in the barony of Tulybody and shire of Clackmanan, which belonged to the said Walter heritably, and were resigned in the hands of the Lord Governor, at Stirling, 5th June 1545 : To hold of the Queen, who wills that the said resignation shall not be to the per- judice of the privilege of the said barony, granted by her or her predecessors, to the said Walter's progenitors. At Stirling, 6th June 1545. — Vol. xix. fol. 62. Letter of Gift to Andro Seytoun of Parbroith, his heirs and assignees, of the ward and non-entry of ten merks of annualrent furth of the lands of Murse, lying in the shire of Kin cardine, of all the terms that the same has been in the Queen's hands by reason of ward and non-entry since the decease of Gilbert Seytoun of Parbroith, knight, till the entry of the righteous heir. At St. Andrews, 13th December 1546. — Vol. xx. fol. 71. Letter of Gift to Ninian Cokburn of the goods which pertained to Mr. George Seytoun, and now in the hands of the Queen by reason of escheat, through deforcement committed by him on the Sheriff of Fife's officer when poinding certain goods. At Edinburgh, 31st May 1547. — Vol. xxi. fol. 13. Precept for confirmation to Walter Seton of Tulybody, of a charter by John Seton of Gargunnok, to him and his heirs-male, of the half of the lands and barony of Gargunnok, with half of the mill thereof, in the sheriffdom of Stirling. At Edinburgh, 27th August 1547. — Vol. xxi. fol. 34. Letter of Gift to William Seytoun of Meldrum, of the non-entry of the lands of Balcarne, lying in the barony of Meldrum and shire of Aberdeen, of all terms since the decease of Eliza beth Lesley, ' guddame ' of the said William, ' wha deceassit twa years syne.' At Edinburgh, 13th April 1548. — Vol. xxi. fol. 95. Precept for charter to George, Lord Seytoun, and Lady Marie Pyerret his spouse, of the town and mains of Winchburgh, with castle, manor, and fortalice of West Nudry, lying in the barony of West Nudry, and shire of Linlithgow, which belonged to the said George heritably, and were resigned personally by him in the hands of the Queen at Edinburgh, etc. At Edin burgh, 7th June 1548. — Vol. xxii. fol. 9. Letter of Gift to Dame Marion Seytoun, Countess of Eglintoun, of the ward and non- entry of the lands and lordship of Ardrossan, of all terms that the same has been in the Queen's hands, or of her predecessors, as superiors thereof, since the decease of Hugh, last Earl of Eglintoun, Hugh, Earl of Eglintoun, his 'guidschir,' or any others their predecessors, till the lawful heir or heirs of the said deceased Hugh, last Earl of Eglintoun, be sixteen years of age. At Edinburgh, 12th September 1548. — Vol. xxii. fol. 40, PRIVY SEAL 875 Precept for confirmation of charter of gift made by Thomas Lumsdane of Ardree, with consent of John Wemyss of that ilk, and Mr. Robert M'Nair, rector of Assent, his curators, to Margaret Seytoun, daughter to Andrew Seytoun of Parbroith, in the said Margaret's pure virginity, in liferent, and the heirs lawfully to be procreated between her and the said Thomas, of his lands of Cipseis, lying in his barony of Ardree, by annexation and shire of Fife. At Edinburgh, 30th November 1548. — Vol. xxii. fol. 54. Precept for confirmation of a charter of alienation by Andrew Seytoun of Parbroith, to Patrick Gardin of that ilk, in liferent, and Mirabell Gardin, his daughter, their heirs and assignees, of the sunny half of the lands of Luchland, which were occupied by Thomas Bell and William Watt, lying in the barony of Parbroith and shire of Forfar. At Edinburgh, 13th February 1548. — Vol. xxii. fol. 79. Letter of Regress to Andrew Seytoun of Parbroith, over the foresaid lands. At Edin burgh, 13th February 1548. — Vol. xxii. fol. 79. Letter of Gift to Mr. Alexander Seytoun of all goods which pertained to David Bruce in Ballindorane, and now in the Queen's hands by reason of escheat, for his remaining from the ' oist and army appoyntit and proclamit to convene with the Governor upoun Gladismuir, the 20 day of August last.' At Edinburgh, 13th February 1548. — Vol. xxii. fol. 80. Letter of Regress to Andrew Seyton of Parbroth, of the shadow half of the west half of the said Andrew's lands of Leuchland, lying within the barony of Parbroth and shire of Forfar ; sold by him to Mr. James Strathauchin, rector of Fettercairn, and his heirs and assignees. At Edinburgh, 28th May 1549. — Vol. xxiii. fol. 15. Precept for confirmation of a charter of alienation by Andrew Seyton of Parbroith to William Batie, burgess of Montrose, and Margaret Cragy his spouse, and the survivor of them, in conjunct fee, and their heirs and assignees, of the lands of Leuchland, extending to half of the lands of Leuchland, viz., the sunny half thereof, lying in the shire of Forfar. At Edinburgh, 22nd June 1550. — Vol. xxiii. fol. 88. Regress to said Andrew Seytoun of the foresaid lands. At Edinburgh, same date. — Vol. xxiii. fol. 88. Letter of Gift to George, Lord Seytoun, of the ward of all lands and annualrents, both property and tenandry, with castles, etc., which pertained to the deceased George, Lord Seytoun, and are now in the Queen's hands, by reason of ward, till the entry of the lawful heir thereto : Together with his own marriage, and failing of him by decease unmarried, of any other heir or heirs-male or female, of the said deceased George, that shall succeed him in his heritage. At Edinburgh, 30th July 1550. — Vol. xxiv. fol. 9. Respite to George Seytoun for his treasonable assistance given to Englishmen in time of war, coming with them to the burning of Dalkeith, etc. At Jedburgh, 24th March 1550. — Vol. xxiv. fol. 58. Precept for confirmation of a charter of alienation, made by Alexander Myretoun of Randelstoun, with consent of Cristiane Seytoun his spouse, lady of the conjunct fee, of the lands of Randelstoun, to Christopher Seytoun and his heirs, of the said lands, lying in the shire of Fife. At Edinburgh, 24th March 1546. — Vol. xxiv. fol. 63. Precept for charter to John Seytoun of Lathrisk, and Janet Auchmoutie his spouse, in liferent, and John Seytoun, their son and apparent heir, heritably, of the lands of Wester Lathrisk, Auchland, Darnoch, etc., lying in the shire of Fife; which belonged heritably to the said John Seytoun elder, and were resigned by him personally in the hands of the Lord Governor at Edinburgh : Holding of the Queen and her successors. At Edinburgh, 7th May 1551. — Vol. xxiv. fol. 84. Presentation to Gilbert Seytoun, son of John Seytoun of Lauthrisk, to the vicarage of Strameglo, in the diocese of Dunkeld, now vacant by the resignation or demission of Mr. David Seytoun. At Drumfreis, 17th July 1551.— Vol. xxiv. fol. 87. Precept for confirmation to Elizabeth Seytoun, daughter of John Seytoun of Lauthrisk, of a charter of liferent made to her by James Spens of Lathalland, of one-fourth part, with half of the other fourth part, of the lands of Lathalland, in the shire of Fife. At Edinburgh, 27th October 1550. — Vol. xxiv. fol. 105. Precept for charter of conjunct infeftment to George, Lord Seytoun, and Issobell Hamil ton his spouse, of the lands and barony of West Nudrie, with castle, tower, etc., now united and incorporated into one whole and free barony, lying in the sheriffdom of Linlithgow ; which 876 REGISTER OF were resigned by the said George in the hands of the Lord Governor at Linlithgow : Holding to him and his heirs of the Queen and her successors ; rendering therefor the sum of one penny ¦ of silver at Whitsunday in name of blench ferme — reserving the free tenement and liferent of the Mains of Winchburgh, with the castle, manor, and fortalice of West Nudrie, which are parts of the said barony, to Marie, Lady Seytoun, spouse of the late George, Lord Seytoun, in liferent. At Linlithgow, 25th May 1552. — Vol. xxiv. fol. 144. Letter of Gift to William Seytoun of Meldrum of the relief and non-entry of the half of the lands of Kingudy, Dunrossy, Rothney, Rudristoun, with fishings thereof, six oxengang of land in Auchlevin, two oxengang of land of Ardowne, and thirty pennyworth of land of Hair- law, lying in the shire of Aberdeen, which pertained to the deceased John Seytoun, portioner of Kingudy, and now in the Queen's hands through seasin given or to be given to George Seytoun, brother and heir of the said deceased John, by reason that he held the same imme diately of the Queen by service of ward and relief; together with the marriage of the said George. At Elgin, 16th July 1552. — Vol. xxv. fol. 7. Letter of Gift to Walter Seytoun of Touch of the non-entry of the lands of Wester Lecky, extending to a ^10 land of old extent, lying in the shire of Stirling, of all terms since the decease of John Leckie of that ilk. At Edinburgh, 3rd March 1553. — Vol. xxvi. fol. 61. Letters of Tack made to Walter Seytoun of Tulibodie, making mention that through the decease of James, commendator of the Abbeys of Kelso and Melrose, the said Abbey of Kelso is in the Queen's hands till the promotion of an abbot to the same : Therefore she sets to the said Walter Seytoun the vicarage of the Kirk of West Gordon, with the teind-sheaves of the toun of West Gordoun, etc., pertaining to the said abbey, lying in the sheriffdom of Berwick, for the space of five years, their entry beginning at Hallo wmes 1557 : He paying to the Queen the sum of ^40, and for the said teind-sheaves of the Kirkland and Chancerrieland 20 merks, with 2 merks yearly to the chapel. At Edinburgh, 28th October 1557. — Vol. xxix. fol. 3. Letter of Gift to John Seytoun of Carraldstoun of the non-entry of the lands of Ramelry, lying in the shire of Fife, being in the Queen's hands through the decease of Margaret Duding- stoun, conjunct fiar thereof, with the relief of the same, owing and pertaining to the Queen by reason of seasine thereof, given or to be given to Issobell Balfour, spouse to the said John. At Edinburgh, 20th July 1558. — Vol. xxix. fol. 43. Precept of Legitimation to Alexander Seytoun, bastard son natural of Christopher Seytoun. At Edinburgh, 15th January 1558. — Vol. xxix. fol. 59. Letter of Gift made to Robert, John, Alexander, and Margaret Seytoun, sons and daughter of George, Lord Seytoun, of the ward and non-entry of all lands, lordships, baronies, and others in which it shall happen the said Lord Seytoun to die infeft, until the lawful entry of the righteous heir or heirs, being of lawful age ; together with the marriage of George Seytoun, heir apparent to the said Lord Seytoun. At Edinburgh, 28th March 1560. — Vol. xxx. fol. 28. Letter ratifying the gift to Robert, John, and Alexander Setoun, sons lawful of George, Lord Setoun, of yearly pensions, as follows, viz. : To the said Robert the sum of ^460 ; to the said John, ^340; and to the said Alexander, ^260; extending in all to ^1060 yearly, to be taken furth of the readiest of the maills and duties of the Abbacy of Melrose, as is more fully contained in a previous gift thereof by the Queen Regent. At Joinville, 17th April 1561. — Vol. xxx. fol. 40. Letter of Gift by the Queen to George, Lord Seytoun, of the temporality of the lands, fishings, mills, corfhouses, with maills, profits, etc., of the Priory of Pluscardine ; since the decease of Mr. Alexander Dunbar, last prior thereof, till an intrant to the said priory shall be entered thereto by the Queen, pertaining to her by privilege of her crown. At Joinville, 1 7th April 1 5 61. — Vol. xxx. fol. 40. Letter of Gift to Nicolas Wardlaw of the ward of all lands which pertained to the late Andro Seytoun of Parbroith, of all terms since his decease, and during the ward thereof, and of the marriage of Seytoun, heir to the said Andro. At Edinburgh, 4th February 1563. — Vol. xxxi. fol. 126. Precept of Legitimation to Margaret Seytoun, bastard daughter natural to the late George, Lord Seytoun. At Dunbar, 19th November 1564. — Vol. xxxii. fol. in. Letter of Gift to Alexander Seytoun of the ward and non-entry of the lands which per tained to the deceased George Muschat of Towgarth ; together with the marriage of James PRIVY SEAL 877 Muschat, son and heir apparent of the said George. At Halyroodhouse, 18th January 1564. — Vol. xxxii. fol. 139. Letter of Gift to William Seytoun of Meldrum of all goods which pertained to William Seytoun of Cottoun, and were escheated through his being, or when it shall happen him to be, fugitive from the law, convict, or at the home, for art and part of the slaughter of the late William Gordon, at Gordounsmylne, alias the Newmilne, committed on 2nd September instant. At Dundee, the 8th September 1564. — Vol. xxxiii. fol. 51. Ratification of Tack by Robert, commendator of the Abbey of Holyroodhouse, and con vent thereof, to Robert Seytoun, son lawful of the late George, Lord Seytoun, by Dame Maria Peir his spouse, of the teind-sheaves of the lands of Greendyks, in the parish of Tranent, for nineteen years. Tack dated 6th, and ratification 20th, January 1563-4. — Vol. xxxiii. fol. 61. Grant of Yearly Pension of ^100 to William Seytoun, pursuevant, on account of his infirmity and sickness ' contracted by him throw continewall service alsweile done be him to oure said soverane ladyis umquhile derrest moder as to hir Majesteis self in thair Cunzehouse,' etc., which pension is to be paid out of the readiest of their Majesties' customs of the Trone of Edinburgh. At Halyroodhouse, 4th August 1565. — Vol. xxxiii. fol. 85. Letter of Gift for good services rendered by George, Lord Seytoun, to their Majesties, to Alexander Seytoun, son of the said George, of the priory of Pluscardin, in the diocese of Moray. At Dunfermline, 17th September 1565. — Vol. xxxiii. fol. 98. Precept for Remission to George, Lord Seytoun, John Seytoun of Carraldstoun his brother, George Seytoun in Tranent, and Alexander Seytoun, laird of Touch, brothers, for art and part of the slaughter of Francis Douglas of Borg, in the month of December last. At Edinburgh, 21st September 1565. — Vol. xxxiii. fol. 99. Precept for confirmation of a charter granted by Mr. William Scott of Balwery to Christopher Seytoun of Kirkland of Stramiglo in liferent, and Alexander Seytoun, his natural son, and the heirs of his body lawfully procreate ; whom failing, to the heirs and assignees of the said Christopher, of the lands of Wester Pitloure and Auchenary, lying in the barony of Stramiglo and shire of Fife. At Edinburgh, 6th July 1565. — Vol. xxxiii. fol. 126. Letter of Gift to James Seton, younger of Tulch, of the escheat of all goods, etc., which pertained to John, Archibald, and Alexander Dogs, now at the home, and the said Alexander being fugitive from the law, by virtue of letters raised at the instance of William Bell, burgess of Stirling, for not finding of surety of lawburrows that he should be harmless and skaithless of thern, ; and the said Alexander for remaining at home treasonably from the host and army summoned to convene at Stirling on 30th September last. At Edinburgh, 23rd January 1565-6. — Vol. xxxiv. fol. 41. Letter of Gift to George, Lord Seytoun, first Master of the Royal Household, of all goods which pertained to Robert Bog, now escheated through his being denunced rebel and put to the horn, as fugitive from the law, for art and part of the slaughter of George Hammiltoun, son of William Hamiltoun of Pardoven. At Edinburgh, 6th February 1565-6. — Vol. xxxiv. fol. 52. Letter of Gift to William Seytoun of Meldrum of the ward of all lands which pertained to the deceased George Seytoun, portioner of Kingudie, lying in the lordship of Gareauch and sheriffdom of Aberdeen ; together also with the gift of the marriage of William Seytoun, son and heir of the said George. At Edinburgh, 19th February 1565-6. — Vol. xxxiv. fol. 57. Letter of Gift to George, Lord Seytoun, H.M. first Master of the Household, of all goods which pertained to James Johnston of Elphingstoun, now at the horn, for not compearing before the Lords to answer to certain charges. At Edinburgh, 17th May 1566. — Vol. xxxiv. fol. 81. Letter of Gift to Dame Marie Pear, Lady Seytoun, of all goods which pertained to Constantine Stevenson and Agnes Pollok, now at the horn, by letters at the instance of Mr. Henrie Kinross, procurator-fiscal, before the Commissaries of Edinburgh, and Janet Paterson for her interest, charging the said Constantine and Agnes to cease cohabiting with one another, conform to the Commissaries' decreet given thereupon. At Edinburgh, 17th July 1566. — Vol. xxxv. fol 55. Licence to John Seytoun of Auchinhuif to remain at home from 'Oistis, raidis,' etc., for all the days of his life ; providing always that he provide and send an able man in his stead. At Edinburgh, 20th July 1566.— Vol. xxxv. fol. 59. Letter of Gift to David Seytoun of Parbroith of the ward and non-entry of all lands which 878 REGISTER OF pertained to the deceased Andro Seytoun of Parbroith, of all terms since his decease ; also of the marriage of the said David, ' nevoy,' to the said Andro. At Edinburgh, 8th February 1566. — Vol. xxxvi. fol. 7. Letter of Gift to George, Lord Seytoun, first Master of H.M. Household, of the ward of all lands in which the deceased George Seytoun, his son and apparent heir, was infeft as of fee : and now, through his decease, in ward by reason of non-entry ; together with the marriage of Robert Seytoun, brother and heir of the said George Seytoun. At Seytoun, 28th February 1566. — Vol. xxxvi. fol. 13. Precept of Remission to William Seytoun in Caltoun, at Aberdeen, for the cruel slaughter of the late William Gordon in Gordonsmylne, in the month of September 1564. At Edinburgh, 21st April 1567. — Vol. xxxvi. fol. 75. Letter of Gift to Margaret Seytoun, daughter to George, Lord Seytoun, of all goods which pertained to George Seytoun in Tranent, and others, in household, men, servants, tenants, and cottars pertaining to the said George, Lord Seytoun, and dwelling on his property, and now pertaining to the King by reason of escheat, through the said persons, or any of them, being convicted by an assize, become in will, fugitive from the law, or put to the horn, ' ffor airt and pairt of the tressonabill convoying of oure soverane lordis derrest moder furth of the place and fortalice of Lochlevin, scho beand captive thairintill, to the castell of Hammiltoun, in the moneth of May last by past ; and thaireftir tressonabillie cuming in plane and arrayit battell aganis his Majestie, his said derrest cousing and regent, and faithfull counsallouris, for the invasioun of thair personis with fyir and swerd, at the Langsyid, upoun the thretteine day of May foirsaid ; or for airt and pairt of the felloun and crewell slaughter of umquhile James Ballany in Prestoun, James Douglas, Suddart, and William Purves, servant to Alexander Hume, committit the same day,' etc. At Edinburgh, ist July 1568. — Vol. xxxvii. fol. 73. Letter of Gift to David Seytoun of Parbroith of the non-entry of the lands of Urquharttis, lying within the sheriffdom of Fife, of all years and terms that the same has or shall be in the hands of the King, since the decease of Andro Seytoun of Parbroith, his ' guidschir,' last lawful and immediate tenant to the King of the said lands, and till the entry of the righteous heir or heirs thereto (1568). — Vol. xxxvii. fol. 81. Letter of Gift to Captain Ninian Cokburn and Alexander Ramsay of the escheat of all goods which pertained to David Seytoun, sometime of Parbroth, and now in the King's hand by reason of escheat, through process of forfeiture orderly led against the said David for certain crimes of treason and lease-majesty committed by him. At Leith, ist November 1571. — Vol. xl. fol. 19. Precept for Remission to David Seytoun of Parbroth, Alexander Leyne and John Brown, his servants, for their assisting of, and participation with, James, sometime Duke of Chattel- larault, George, sometime Earl of Huntly, William Kirkcaldy, sometime of Grange, knight, and others, their accomplices, rebels and enemies of the King's and his Regent's authority, in their fortifying and detaining the burgh and castle of Edinburgh against the King and his Regent. At Holyroodhouse, 2nd April 1573. — Vol. xli. fol. 70. Letter of Gift to Margaret Seytoun, daughter to George, Lord Seytoun, of the marriage of George Seytoun, son and heir of umquhile John Seytoun of Carralstoun, and failing of him by decease unmarried, the marriage of any other heir or heirs, male or female, that shall happen to succeed the said deceased John and Issobell Balfour his spouse, in their lands and heritage pertaining to the King, or which by the decease of the said Issobell Balfour, shall happen to pertain to his Majesty, because she and the said John her spouse, in conjunct fee, held the lands of Carralstoun of the King by ward and relief. At Holyroodhouse, 20th July 1573.— Vol. xli. fol. 94. Precept for confirmation of a charter by William, bishop of Aberdeen, with consent of the chapter of the Cathedral Church there, to John Seytoun, second son of William Seytoun of Meldrum, and the heirs of his body ; whom failing, to his nearest and lawful heirs and assignees, of the lands of Pettymoun, with Quhytmyre, Brounhills, and Greenfurd, lying in the sheriffdom of Aberdeen. At Holyroodhouse, 31st January 1575. — Vol. xliii. fol. 56. Precept of Legitimation to William Seytoun, son bastard of the late John Seytoun of Disblair. At Holyroodhouse, 28th February 1576. — Vol. xliv. fol. 45. PRIVY SEAL 879 Precept of Legitimation to John Seytoun, natural son of the late Mr. George Seytoun. At Dalkeith, 16th October 1577. — Vol. xliv. fol. 113. Gift to John Seytoun, son and apparent heir of James Seytoun of Tullybody, of the ward of the lands of Huntlie, Over and Nether Fawsyde, and others, lying in the lordship of Gordoun, in the sheriffdom of Berwick, pertaining to the said James Seytoun in heritage, holden by him of the late George, Earl of Huntly, of all years and terms since the decease of the said Earl. At Holyroodhouse, 23rd November 1577. — Vol. xliv. fol. 121. Letter of Gift to William Seytoun of Meldrum of the ward of the shadow 10 oxengate of Blairmad, sometime occupied by Adam Ord, Robert Chalmer, and Thomas Mureson, lying in the forest of Oboyne and sheriffdom of Banff, pertaining to Mr. George Seytoun, son of the said William ; holden by him of umquhile Alexander Innes of that ilk, who held the same of umquhile George, Earl of Huntly, that last deceased, of all years and terms since the death of the said Earl. At Holyroodhouse, 12th January 1577-8. — Vol. xiv. fol. 2. Letter of Gift to Christell Seytoun, brother-german of James Seytoun of Tulybody, of the escheat of all goods which pertained to James Hopper, who was convicted of the slaughter of umquhile William Malice, on 24th August last. At Holyroodhouse, 5th September 1580. — Vol. xlvii. fol. 10. Letter of Gift to John Seytoun, indweller in the Canongate, of the escheat of all goods which pertained to John Innes of Unthank, now at the horn, by letters raised at the instance of Sir Richard Maitland of Lethington, knight, and others, against him, for not fulfilling a contract betwixt the said John Innes on the one part, the said Sir Richard, Archibald, Alexander, and Margaret Seytoun, daughter lawful of the deceased John Seytoun in Tranent, on the other part, of date 7th March 1570, and registered 30th April 1580. At Holyrood house, 9th December 1580. — Vol. xlvii. fol. 43. Letter of Gift to Andrew Seytoun, son lawful of David Seytoun of Parbroth, of the escheat of all goods which pertained to the latter, and now in the King's hands through his being put to the horn, by letters raised at the instance of Margaret Home, daughter natural of umquhile Mr. Andro Home, pensioner of Lawder, and James Hume her spouse, against the said David, as one of the cautioners for Alexander, Lord Hume, for not warranding and releiving the said Margaret and her said spouse of the yearly maill of 200 merks specified in the said letters. At Holyroodhouse, 22nd April 1581. — Vol. xlvii. fol. 112. Letter constituting Sir John Seytoun, knight, son of George, Lord Seytoun, principal master of all his Majesty's horses and stables, during his lifetime, with all the privileges pertaining thereto. At Edinburgh, 9th May 1581. — Vol. xlvii. fol. 116. Grant to Sir John Seytoun, knight, Master of H.M. horses and stables, and second lawful son of the said George, Lord Seytoun, his heirs and assignees, heritably, in feuferme, of the lands and mains of Listoun, called Halberins, with manor-place of Halzardis, lying in the regality of Torphichen and sheriffdom of Edinburgh : which belonged formerly to James, Earl of Morton, and were forfeited by him for certain crimes of lese-majesty committed by him. At Dalkeith, 10th June 1581. — Vol. xlviii. fol. 32. Letter to John Seytoun, indweller in the Canongate, constituting him one of the ordinary gunners within the Castle of Edinburgh, during his lifetime, which office had fallen vacant through the decease of Charles Burdeaulx, for the sum of £8, 6s. 8d., to be paid to him monthly for his ordinary wage. At Holyroodhouse, 20th November 1581. — Vol. xlviii. fol. 54. Precept of Legitimation to Mr. George Seytoun and James Seytoun, bastard sons natural procreated between the late William Seytoun of Meldrum and Margaret Innes, now spouse to William Gordon of Arrandoule. At Holyroodhouse, 8th December 1581. — Vol. xlviii. fol. 60. Letter ratifying the provision given to Robert Seytoun, son of umquhile Walter Seytoun of Tullibody, of the prebendary of the parish of Logy in the diocese of Dunblane, vacant by the decease of umquhile Sir John Forfar, prebendar thereof: which provision was dated 27th November 1562. Ratification dated at Holyroodhouse 3rd March 1581-2. — Vol. xlviii. fol. 108. Precept for Remission to James Seytoun of Tullybody, Robert Seytoun his brother, John Seytoun, portioner of Gargunnok, Alexander Seytoun and Andrew Seytoun, his sons, and Henry Fairbairn in Gordon, for art and part in the capture and forcible detention of the King in and near Ruthven, committed in the month of August 1582, and thereafter at Perth, 880 REGISTER OF Stirling, Edinburgh, and elsewhere, within this kingdom, and for all other actions and crimes. At Stirling, 24th October 1583. — Vol. xlix. fol. 167. Letter making mention that the King has resolved 'to direct his traist cousing and counsallour George, Lord Seytoun, his hienes ambassadour, to his derrest broder and cousing the maist christian King of France, for certane his Majestie's speciall and wechtie affairs, tending to his hienes weill and honour, and to the common weill of his realme ' ; and granting special licence to him, and to Alexander, commendator of Pluscardin, his son, passing with him in company, ' to remane and abyde absent furth of this realme for the better attendance on his hienes service in the pairtis of France or utherwyis in the other pairtis beyond sey, as they salbe directit, for the space of sevin yeiris efter the dait heirof, except thay thameselffis sal think meit mair haistelie to returne,' etc. At Stirling, 29th October 1583. — Vol. xlix. fol. 174. Letter making mention that his Majesty has been pleased to direct George, Lord Seytoun, and his sons after named, 'as ambassadry to the parts and realm of France, to intreat on sundry matters, whereunto he is now to take journey to that effect ; yet understanding that sundry envious persons in absence of the said George intend to pursue or trouble him, and also Alexander, Prior of Pluscardin, and Sir John Seytoun, knight, his lawful sons, their lands, rents, etc., by some pretended denunciations of horning,' therefore the King promises that he shall not give or dispone to any*person or persons the escheat of any lands which shall fall in his hands through the denunciation of the saids parties. At Holyroodhouse, 17th December 1583.— Vol. 1. fol. 17. Letter of Gift to John Seytoun, one of the ordinary gunners of the Castle of Edinburgh, of the escheat of all goods which pertained to James Hamilton, son and apparent heir to Jeromie Hamilton in the Canongait ; and now in the King's hands through the said James being at the horn, by virtue of letters raised at the instance of Euphame M'Calzean, lawful daughter of umquhile Mr. Thomas M'Calzean of Cliftonhall, and Patrick M'Calzean her spouse, for non-fulfilment of a contract betwixt the said Euphame and Patrick on the one part, and the said James on the other, of date 5th December 1579. At Holyroodhouse, 10th January 1583. — Vol. 1. fol. 39. Letter of Gift to Arthur Forbes, son lawful of John, Master of Forbes ; which failing, to Katharine Forbes, his sister-german, of the escheat of that part of the goods which pertained, or in any way may pertain, to John, Master of Forbes, as husband of Dame Janet Seytoun, upon whatsoever lands pertaining to her in conjunct-fee or liferent, by decease of Sir John Bellenden of Auchinowle, knight, Justice-Clerk, her late husband, or of any other lands conquest by her since his death, within the shires of Wigton, Stirling, Linlithgow, Lothian, Fife, or Forfar, and now in the King's hands through the said John being put to the horn for not fulfilling of a decreet-arbitral to George, Earl of Huntly, pronounced by the King, and registrat in the books of Council, and through his being fugitive from the laws for art and part of the slaughter of umquhile George Gordon of Geicht and Patrick Gordon his servant. At Stirling, 4th May 1584. — Vol. 1. fol. 126. Letter of Gift to George Seytoun of Carrestoun of the escheat of all goods, etc., which pertained to George, Lord Seytoun, and Robert, Master of Seytoun, his son and heir apparent, and now in the King's hands through the said George, Lord Seytoun, and Robert being de nounced rebels and put to the horn, by virtue of letters purchased and executed at the instance of Nicoll Udwart, burgess of Edinburgh, against them, for debt. At Holyroodhouse, 29th December 1584. — Vol. li. fol. 166. Letter of Gift to George Seytoun of Carrestoun of the escheat of all goods which pertained to Sir John Seytoun, lawful son of umquhile George, Lord Seytoun, now at the horn, for a debt of ;£8o, being his part of the taxation of ,£40,000 of his pension of the lands and lordships of Kylesmure, pertaining to him furth of the Abbacy of Melrose, etc. At Holyroodhouse, 13th February 1584-5. — Vol. Iii. fol. 8. Letter of Gift to William Seytoun, son lawful of umquhile John Seytoun of Gargunnok, of the non-entry of the fifteen-shilling land of the half part of the principal manor-place per taining to the said umquhile John, lying on the east part of Byirburne, within the sheriffdom of Stirling and barony of Gargunnok, as the same has been in non-entry since the decease of Katharine Livingstoun, or the said umquhile John Seytoun her spouse, or either of them, immediate tenants of the King therein. At Holyroodhouse, 26th May 1586.— Vol. liv. fol. 18. PRIVY SEAL 881 Letter of Gift to Patrick Murray, domestic servant to the King, of the escheat of all goods which pertained to James Seton in Carrastoun, now at the horn for the slaughter of umquhile David Sibbit in Orkymylne, or otherwise for mutilation of him. At Falkland, 23rd July 1586.— Vol. liv. fol. Ivi. Letter of Gift to Sir John Seytoun of Barnis, knight, of the ward and non-entry of the ;£io land of Peirstoun Barclay, with tower and mansion-place thereof, lying within the bailliary of Cunyngham and sheriffdom of Ayr, of all years and terms since the decease of umquhile William Barclay of Peirstoun, last lawful immediate heritable tenant of the King ; together with the marriage of William Barclay, son and heir of the said umquhile William. At Falkland, 12th August 1586. — Vol. liv. fol. 75. Letter constituting Sir John Seytoun of Barnis, knight, first Master of His Majesty's house hold, and giving him the office thereof for his lifetime, with all the privileges and fees thereof, for his good services done to the King. At Holyroodhouse, 3rd January 1586. — Vol. lv. fol. 2. Letter to John Seytoun, younger, burgess of the Canongate, constituting him 'Coilfurnesar ' to the King's household, for his lifetime, in the same manner as the deceased William Fair- bairne possessed the same office before, for which he is to receive £50 for his ordinary fee, with 50 merks for his livery, etc. At Holyroodhouse, 15th April 1587. — Vol. lv. fol. 48. Letter of Gift to Robert Auchinleck of the escheat of all goods which pertained to William Seytoun of Easter Disblair, the said William having been put to the horn for not payment of his part of a taxation of the sum of ^20,000, granted by the three Estates for resisting of all foreign invasion, and for repressing of thieves and broken men. At Holyrood house, 28th March 1587. — Vol. lv. fol. 84. Letter to Sir John Seytoun of Barnis, knight, first Master of H.M. household, con stituting him comptroller and intromitter with all revenues and casualties of his Majesty's property during his lifetime, with all the privileges thereof, and 500 merks for ' exercing ' of of the said office. At Falkland, 8th July, 1587.— Vol. lv. fol. 98. Letter of Gift to John Seytoun of Pettodie of the escheat of all goods which pertained to William Kirk in Drunzie, Henry Watterstoun there, and John Berclay there, now pertaining to the King through their being put to the horn for not obeying of the King's letters purchased at the instance of the said John Seytoun. At Stirling, 21st August 1587. — Vol. Ivi. fol. 23. Letter of Gift to Andro Seytoun, cook, of the escheat of all goods which pertained to Andro Robertson, portioner of Auchtermuchty, now at the horn, by virtue of letters raised at the instance of Marie Livingston, liferenter of the town, land and mill of Auchtermuchty, for not payment to her of his part of the sum of £1104, 5s. as for the fermes of the said lands. At Holyroodhouse, 17th October 1587. — Vol. Ivi. fol. 61. Letter of Gift to Master Thomas Ogilvie, of Inverrichane, of the escheat of all goods which pertained to Mr. James Seytoun, person of Quhytsone, now at the horn by virtue of letters raised at the instance of William, commendator of Pettinweem, for not payment to him of the third of the 66 years' crop, extending to ^22, 4s. 6£d. At Holyroodhouse, 28th October 1587. — Vol. Ivi. fol. 75. Charter granted to Lady Margaret Seytoun, Lady Halsyde, spouse of Lord Claud Hamilton, commendator of Paisley, and the heirs lawfully procreate or to be procreate betwixt them, etc., of the offices of mair of fee and serjeantry of the sheriffdom of Linlithgow, etc. At Holyroodhouse, 6th January 1587-8. — Vol. Ivi. fol. 127. Letter granted, with consent of Sir John Seytoun of Barns, Keeper of the Rolls, to David Seytoun of Parbroath, appointing him Keeper of the East and West Lowmondis of Falkland, lying in the sheriffdom of Fife. At Holyroodhouse, 16th March 1587-8. — Vol. lvii. fol. 55. Letter of Gift to David Seytoun of the escheat of all goods which pertained to umquhile Elizabeth Baxter, spouse of Alexander Auchmowtie, burgess of Kirkcaldy, and now in the King's hands through the said Elizabeth 'devoring and drowning of herself to the deid in ane sink hoill within the burgh and territorie of Kirkcaldie, committit be her upoun the nynetene day of Marche instant.' At Holyroodhouse, 30th March 1588. — Vol. lvii. fol. 77. Letter of Gift to John Seytoun, younger, in the Cannogait, of the escheat of all goods which pertained to James Stewart, son of umquhile Sir John Stewart of Cragyhall, knight, now at the horn, by virtue of letters raised at the instance of George Lundie, for not finding caution that he should be skaithless of the said James, etc. At Holyroodhouse, 5th April 1588. —Vol. lvii. fol. 86. 5T 882 REGISTER OF Letter to David Seytoun of Parbroth, constituting him ' our souerane lordis comptrollare through his haill realme,' with all dignities pertaining thereto. At Holyroodhouse, 25th November 1588. — Vol. lviii. fol. 57. Letter of Gift to Sir John Seytoun of Barnis, knight, of the escheat of all goods which pertained to Mr. John Bartane, Dean of Dunkeld, now at the horn, by virtue of letters raised at the instance of Alexander Robertson, reader at Cluny, for not payment of £20 for his assigned stipend of the year 15—. At Holyroodhouse, 20th December 1588.— Vol. lviii. fol. 102. Letter of Gift to David Seytoun of Parbroth, comptrollar, of the ward and non-entry of the lands of Innerdovat, with manor-place, etc., which pertained to umquhile . . . Lessellis of Innerdovat, lying in the sheriffdom of Fife. At Edinburgh, 3rd June 1589. — Vol. lx. fol. 4. Precept for Remission to George Seytoun of Auchinhuif, son-in-law of Mr. John Chene, advocate in Aberdeen, and to Robert Chene at Mill of Auchry, in the parishes of Taryes and Turreff respectively, and shire of Aberdeen, for assisting George, Earl of Huntly, Francis, Earl of Enroll, and others their accomplices, in the burgh of Aberdeen, against the King and his nobles in the month of April last. At Aberdeen, 24th July 1589.— Vol. lx. fol. 37. Letter of Tack to Andro Seytoun, second son to David Seytoun of Parbroth, and John Fenton, comptrollar clerk, with their helpers and factors, of the coals found or to be found within the bounds of the Lowmonds of Falkland, for the space of nineteen years. At Edin burgh, 14th August 1589. — Vol. lx. fol. 46. Letter of Gift to John Seytoun, ' our soverane lordis coilman,' of the escheat of all goods which pertained to umquhile James Hamiltone of Stanehouse, now at the horn, by virtue of letters raised at the instance of Robert Cathcart, writer, as prebendar of the prebendary of . . ., 'founded and situate of auld within the College Kirk of Boithuell,' for not payment to him of certain teinds of the crop 1580. — At Edinburgh, 25th September 1589. — Vol. lx. fol. 63. Letter to David Seytoun of Parbroth, comptrollar, constituting him her Majesty's Chamber lain and receiver of the lordship of Dunfermline, with all lands, etc., thereof, lying on the north side of the Forth, with power to make deputies, for whom he shall be answerable. At Holyroodhouse, 25th May 1590. — Vol. lx. fol. 133. Letter of Gift to Mr. Alexander Seytoun of the escheat of all goods which pertained to Thomas, James, and William Brown, James Davidson and John Burnet, tenants and occupiers of the fourth part of the town and lands of Fawnis, now at the horn, for not removing them selves from the said lands lying in the shire of Berwick. At Holyroodhouse, 27th July 1590. — Vol. lxi. fol. 14. Letter of Gift to Sir John Seytoun of Barnes, knight, of the escheat of all goods which pertained to the deceased Mr. John Bartane, Dean of Dunkeld, who was at the horn (and died without being relaxed therefrom) by letters at the instance of William, commendator of Pittenween, captain principal of the King's guard, for not payment of certain sums and victual, for the third and superplus of the Provostry of Creichton and Deanery of Dunkeld. At Falkland, 10th August 1590. — Vol. lxi. fol. 27. Letter of Gift to Mr. George Seytoun, brother of Alexander Seytoun of Meldrum, of the ward of the lands which pertained to umquhile Alexander Seytoun, apparent of Meldrum, since the decease of the said Alexander, till the entry of the righteous heir. At Stirling, 22nd August 1590 • — Vol. lxi. 41. Letter of Gift to Mr. George Seytoun, brother of Alexander Seytoun of Meldrum, of the escheat of all goods which pertained to James King, fiar of Barra, David King in Fallaw, brother of William King of Barra, David King, vicar of Bourtie, Alexander Lumisdean, brother of the Laird of Cuschny, Mr. Gilbert Annand, son and apparent heir of Mr. William Annand of Collyhill, who were denounced rebels and put to the horn for non-compearance before the justice, to underlie the law for art and part of the murder and slaughter of umquhile Alexander Seytoun, apparent of Meldrum. At Perth, 9th September 1590. — Vol. lxi. fol. 41. Letter of Gift to Mr. George Seytoun, brother to Alexander Seytoun of Meldrum, of the escheat of all goods which pertained to William King, portioner of Barra in Bourtie, who was at the horn for not payment of his part of the late taxation of ^1000. At Holyroodhouse, 6th October 1590. — Vol. lxi. fol. 56 Letter of Gift to John Frenche of the escheat of all goods which pertained to George PRIVY SEAL 883 Seytoun, in Seytoun, and George Dempster, who were at the horn at the instance of William Vaus, sword-slipper, for not payment to him of £100. At Holyroodhouse, 16th January 1590. — Vol. lxi. fol. 120. Letter of Gift to David Seytoun, bailie in Tranent, of the escheat goods which pertained to Meg Begtoun in Spilmiffermyln, spouse of Andro Cowie, and now in the King's hands ' throw hir putting of violent handis in hir awin persoun, and crwellie and unnaturallie hanging of hirself to the deid.' At Holyroodhouse, 12th February 1590. — Vol. lxi. fol. 143. Letter of Gift to William Seytoun, son to William Seytoun in Kingis sait, of the escheat of William Seytoun in Kingis sait, who was at the horn, by virtue of letters raised at the instance of William Menzies of Boighoill, and Elizabeth Cokburn his spouse, for not payment of the multure of the Mill of Boghall. At Holyroodhouse, 18th February 1590. — Vol. lxi. fol. 147. Letter of Gift to John Seytoun of the escheat of John Burn, John Mudy, Thomas Mudy, Cristian Harper, and Helen Cowy, in Easter Gallet, who were at the horn, at the instance of David Seytoun of Parbroth, his Majesty's Comptrollar, for not removing furth of the said lands of Easter Gallet. At Dalkeith, 15th March 1590. — Vol. lxii. fol. 13. Precept of Legitimation to Christopher Seytoun, son natural of the late Sir Ninian Seytoun of Tullibody, knight. At Dalkeith, 23rd March 1590. — Vol. lxii. fol. 23. Charter to Robert, Lord Seytoun, his heirs and successors, of the great customs, etc., of his town and lands of Cowkanie, lying in the barony and lordship of Seytoun, within the sheriffdom of Edinburgh and constabulary of Haddington : holding to him of the King and his successors in fee heritably. At Dalkeith, ist April 1591. — Vol. lxii. fol. 29. Letter of Gift to James Gray, gentleman of the King's Chamber, of the escheat of Alexander Seytoun in Stramiglo, who was at the horn by virtue of letters raised and executed against him at the instance of Captain Patrick Seytoun, heritable fewar of the manse, gleib, and kirklands of the vicarage of Stramiglo, for his not removing therefrom. At Falkland 8th August 159 1. — Vol. lxii. fol. 154. Letter of Gift to David Seytoun of Parbroth, comptrollar, of the escheat of the liferent of half of the town and lands of Barra of Bourtie, in the parish of Bourtie and sheriffdom of Aberdeen, which pertained to James King, son and apparent heir of William King of Barra, and fiar thereof, and now in the King's hands through the said James being put to the horn for non-compearance before the justice, to underlie the law for art and part of the cruel slaughter of umquhile Alexander Seytoun, apparent of Meldrum. At Stirling, 30th August 1 591. — Vol. lxii. fol. 180. Letter of Gift to Mr. George Seytoun, brother of Alexander Seytoun of Meldrum, of the escheat of the said James King. At Falkland, 10th September 1591. — Vol. lxii. fol. 184. Letter of Gift to Thomas Stevin, servitor to Sir Robert Melville of Murdocairney, knight, of the escheat of David Seytoun in Tranent, who was at the horn at the instance of Alexander Creichton of Newhall, for a debt of £18, 16s. At Linlithgow, ist October 1591.— Vol. lxii. fol. 186. Letter of Gift to John Seytoun, servitor to the King, of the escheat of Alexander Cubie in Preston, who was at the horn at the instance of William Calderwood, younger, in Dalkeith, for not payment (as cautioner for Katherine Browne, his mother) to the said William of 200 merks. At Holyroodhouse, 14th October 1591. — Vol. lxii. fol. 223. Letter of Gift to Thomas Seytoun of Northrig of the escheat of Thomas Hall in Preston, and John Hall his brother, now at the horn at the instance of the said Thomas Seytoun for not payment to him of £5 for each boll of 360 bolls victual. At Holyroodhouse, 19th November 1591. — Vol. lxiii. fol. 17. Precept for confirmation of a charter of sale granted by George Seytoun, feuar of the kirklands of Stramiglo, to Captain Patrick Seytoun, his heirs and assignees, of the kirklands of Stramiglo, with gleib, manse, houses, etc., lying within the sheriffdom of Fife : holding of the King in fee and heritage. At Holyroodhouse, 13th January 1591.— Vol. lxiii. fol. 122. Charter to Alexander Seytoun of Urquhart, one of the Senators of the College of Justice, and his heirs-male, of the lands and barony of Pluscardin, Famanen, Urquhart, and Focka- beris, with towers, etc., creating them into one whole and free barony, called the barony of Urquhart. At Edinburgh, 28th January 1591.— Vol. lxiii. fol. 146. Letter of Gift to David Seytoun of the escheat of William Leirmont of the Hill, and 884 REGISTER OF Robert Leirmont in Moram, and now in the King's hands, because they were ' convict be ane assyse as fugitive fra the lawis and at the horn or becum in will, for airt and pairt of the treassonabill cuming upone the xxvij day of December last by past, under silence and elude of nicht, to his hienes palice of Haliruidhous, brekking up of his yettis and durris, and assailzeing of his hienes maist nobill persoun for his slauchter, accumpaneit with Francis, sumtyme Earl Bothwell.' At Edinburgh, 8th February 1691. — Vol. lxiii. fol. 170. Letter of Gift to James Seytoun, burgess of Aberdeen, of the escheat of Thomas Fermour, now at the horn for a debt due to the said James Seytoun of 210 merks. At Dalkeith, 15th May 1592. — Vol. lxiii. fol. 263. Letter of Gift to David Seytoun of the escheat of William Leirmonth of the Hill, now at the horn by virtue of letters raised and execute against him for non-compearance before his Majesty and Lordis of Secret Counsal to answer to such things as should be laid to his charge, etc. At Holyroodhouse, 16th June 1592. — Vol. lxiv. fol. 29. Letter of Gift to Andro Seytoun, foreman of the King's Court kitchen, of the escheat of William Adison, portioner of the Grange, beside Lindores, at the horn for not payment to John Aslowane, merchant burgess of Edinburgh, of ^80. At Holyroodhouse, 19th June 1592. — Vol. lxiv. fol. 36. Letter of Gift to Alexander King, advocate, of the escheat of John Seytoun of Munie, now at the horn, at the instance of the said Alexander, and Janet King his spouse, for not payment to them of one thousand merks. At Holyroodhouse, 29th June 1592. — Vol. lxiv. fol. 38. Letter of Gift to Alexander Seytoun, lord of Urquhart, of the escheat of Mr. James Dundas, chantour of Murray, at the horn for not obeying of letters purchased at the instance of Patrick Dunbar of Blarie, commanding him to pay to the said Patrick the sum of £5 for every boll of 64 bolls victual. At Falkland, 27th June 1592. Vol. lxiv. fol. 41. Letter of Gift to Alexander Setoun, lord of Urquhart, of the escheat of William Dunbar of Hempriggis, now at the horn at the instance of Archibald Ros, servitor to the said Alexander Seton, for a debt of £20. At Edinburgh, 2nd July 1592. — Vol. lxix. fol. 49. Letter of Gift to John Seytoun, son natural of David Seytoun of Parbroith, comptrollar, of the escheat of Alexander Gray, brother-german to Andro Gray of Lour, who was at the horn, by virtue of letters raised at the instance of the brother and remanent kin and friends of umquhile Maxwell, brother-german to David Maxwell of Teiling, for non-compearance before the Justice to underlie the law, for art and part ' of the crewell slawchter of the said umquhile • Maxwell ' : And also being convicted by an assize ' and justifeit to the deid ffor the crewell slawchter of umquhile James M'llmun, servand to Dame Kennedie, Lady Orknay, committit upoun the twentie day of June last by past in the Cannogait besyde Edinburgh.' At Edinburgh, 17th July 1592. — Vol. lxiv. fol. 55. Letter of Gift to Mr. George Seytoun, brother of Alexander Seytoun of Meldrum, of the escheat of Sir James Sandielands of Slammanan, knight, at the horn by virtue of letters directed at the instance of Mr. John Graham of Halzairds, against him for not finding caution, to keep the said Mr. John, his tenants and servants, harmless and skaithless of him, etc. At Holyroodhouse, 2nd July 1592. — Vol. lxiv. fol. 90. Letter of Gift to Andro Seytoun, foreman of the Court kitchen, of the escheat of Walter Strathauchin, in the Waterhauch, within the barony of Egill, now at the horn for his treasonable abiding at home from the army and raid appointed to convene at the burgh of Perth on the 19th April last bypast. At Dalkeith, 17th September 1592. — Vol. lxiv. fol. 131. Letter of Gift to Captain Patrick Seytoun of the escheat of David Barclay of Strowie, now at the horn by virtue of letters raised against him at the instance of Adam Young, father, and the other kin and freinds of umquhile William and Henry Young ; for non-compearance before the justice to underlie the law for art and part in the cruel slaughter of the said William and Henry Youngs, alleged committed in the month of September 1591. At Edinburgh, 15th October 1592. — Vol. lxiv. fol. 138. Letter of Gift to David Seytoun of Parbroith, comptrollar, of the escheat of Thomas Wentoun of Stramertene, now at the horn for art and part of the slaughter of umquhile David Guthrie in . At Edinburgh, 8th October 1592. Vol. lxiv. fol. 138. Precept for confirmation of charter made by Alexander Seytoun, son and heir apparent to William Seytoun of Meldrum, to the late John Seytoun of Auchinhuif, and his heirs-male •; PRIVY SEAL 885 whom failing, to the said Alexander, and his heirs-male, lords of Meldrum ; whom also failing, to the heritable lord of Meldrum, whomsoever : of the lands of Auchinhuif, lying in the barony of Tarras, shire of Aberdeen, and regality of Aberbrothock : Holding of the said Alexander and his heirs and successors, in fee and heritage for ever. At Dalkeith, 21st August 1592. — Vol. lxiv. fol. 146. Letter of Gift to Andro Seytoun, son lawful of David Seytoun of Parbroith, comptrollar, of the escheat of the said David, now at the horn, by virtue of letters raised at the instance of Margaret Home, daughter natural of umquhile Mr. Andro Home, pensioner of Lauder, and James Home her spouse, for not freeing her and her said husband of the yearly maill of 200 merks, for the maills of the teind-sheaves of the town and lands pertaining to the personage pensionary of Lauder, at the hands of the Commendator and Convent of Dryburgh, etc. At Edinburgh, 20th November 1592. — Vol. lxiv. fol. 162. Letter of Gift to Alexander Aittoun of the escheat of John Seytoun, portioner of Auchter muchty, now at the horn, at the instance of Henry Robertson, his son-in-law, portioner of Auchtermuchty, for not fulfilling of his part of a contract between them. At Holyroodhouse, 30th November 1592. — Vol. lxiv. fol. 180. Letter of Gift to Robert Auchinleck, servitor to Sir Robert Melville of Murdocairny, knight, of the escheat of William Seytoun of Easter Disblair, and others, now at the horn by virtue of letters raised against them at the instance of the said Robert Auchinleck, for their not removing furth of the town and lands of Logyruiff, lying within the sheriffdom of Aber deen : ' except ane pleugh of land of the same, quhairfra absolvitour is given.' At Aberdeen, 4th March 1592. — Vol. lxv. fol. 45. Letter of Gift to Ludovick, Duke of Lennox, Great Chamberlain, etc., of the escheat of David Seytoun, elder in Tranent, now at the horn for the slaughter of umquhile John Cok- burne in Wodheid, committed by him 23rd May 1593. At Holyroodhouse, 29th June 1593. — Vol. lxv. fol. 171. Letter of Gift to Robert Bog, burgess of Edinburgh, of the escheat of David Seytoun, elder in Tranent, now at the horn by virtue of letters raised at the instance of the said Robert Bog, for a debt of ^50. At Holyroodhouse, 14th July 1593. — Vol. lxv. fol. 197. Letter of Gift to David Seytoun, servitor to Sir Robert Melvill of Bruntyland, knight, of the escheat of John Dobie, elder, in Cramond, now at the horn by virtue of letters directed at the instance of William Adamson of Craigcruik, for not finding of sufficient caution for him that the said William and his tenants shall be skaithless of him in their bodies, lands, etc., specially in their possession of the lands of Cramond regis, lying in the lordship of Cramond and shire of Edinburgh. At Edinburgh, 7th December 1593. — Vol. lxvi. fol. 16. Letter of Gift to David Seytoun, servitor foresaid, of the escheat of William Grant, malt- man, burgess of Perth, and John Anderson, younger, son to umquhile John Anderson, malt- man, burgess there, now at the horn for not finding caution to underlie the law for the slaughter of umquhile Melvill, son of John Melvill, burgess of Perth. At Holyroodhouse, 9th August 1593. — Vol. lxvi. fol. 16. Letter of Gift to George Setoun, second lawful son of John Seytoun of Pittedie, of the escheat of the latter, now at the horn by virtue of letters raised at the instance of James Elphingstoun, brother of , Lord Elphingstoun, for a debt of 100 merks. At Stirling, 23rd February 1593. — Vol. lxvi. fol. 70. Letter of Gift to John Robertson, maltman in Bruntisland, servitor to Sir Robert Melvill of Murdocairney, knight, of the escheat of John Seytoun in Auchtermuchty, and Alexander Seytoun his son, now at the horn by virtue of letters of lawburrows purchased at the instance of Bessie Stirk, spouse to the said John Seytoun. At Stirling, 14th May 1594.— Vol. lxvi. fol. 127. Letter of Gift to George Seytoun of Carraldstoun of the escheat of William Coilzear, sometime in Kilmux, and David Coilzear in Tretoun his son, now at the horn by virtue of letters raised at the instance of the said George Seytoun, for not relieving him of certain cautionries. At Holyroodhouse, 28th February 1595. — Vol. lxviii. fol. 122. Letter of Gift to Andro Seytoun, foirman in his Majesty's Court kitchen, of the escheat of Alexander Seytoun in Strameglo, now at the horn for not payment to Captain Patrick Seytoun of Stramiglo glebland, of certain fermes and duties thereof. At Holyroodhouse, 17 th January 1596-7. — Vol. lxix. fol. 28. 886 REGISTER OF Precept for Remission to William Setoun of Muny, for art and part of the murder of the late Alexander King, advocate, in the month of November 1595. At Holyroodhouse, 27th January 1596-7. — Vol. lxix. fol. 37. Letter of Gift to Mr. George Setoun, brother of umquhile Alexander Setoun of Mel drum, of the escheat of Alexander Forbes of Fenzeis, and Cristiane Fraser his spouse, and also of William Setoun of Muny, now in the King's hands, through the said Alexander and Cristiane being put to the horn by virtue of letters raised at the instance of Gilbert Gray in Tulloch, for not relieving him of the sum of £3 for each boll of 300 bolls oatmeall, contained in an obligation made by umquhile Alexander Setoun, younger of Meldrum, as principal, and the said Gilbert as cautioner for him, to George Setoun of Auchinhowe, at the hands of the said George : Also through the said William Setoun of Muny being put to the horn for not finding caution, or for non-compearance before the Justice, to have underlain the law for the slaughter of umquhile Alexander King, advocate. At Holyroodhouse, 4th February 1596-7. — Vol. lxix. fol. 42. Letter of Gift to Mr. George Setoun, tutor of Meldrum, of the escheat of George Mel drum of Drumbrek, now at the horn by virtue of letters purchased at the instance of Sir James Creichton of Frendraught, knight, and Alexander Howesoun, burgess of Aberdeen, for not compearing before the Lords of Secret Counsal to have answered to a complaint made by the said Sir James and Alexander upon the said George Meldrum ' for allegit persewing and invading of the said Alexander Howesoun in his dwelling hous within the burgh of Abirdene for his bodilie harm and slauchter.' At Edinburgh, 19th July 1597. — Vol. lxix. fol. 134. Precept for ratification of two charters of sale, the one granted by Mr. Richard Irrowing, burgess of Aberdeen, to the late John Setoun, for the time of Lumfurde, and Marjorie Pantoun his spouse, and the survivor of them in conjunct fee, and their heirs of the lands of Mownie, lying in the regality of Daviot and shire of Aberdeen ; the other granted by the said Mr. Richard to the said John Setoun and Marjorie Pantoun, and their heirs, of the town and lands of Petblanie, lying as above. At Edinburgh, 19th July 1597. — Vol. lxix. fol. 135. Letter of Gift to Sir William Seytoun of Kylesmure, knight, of the escheat of Alexander Simsoun, burgess of Haddington, now at the horn by virtue of letters raised at the instance of William Naper, merchant burgess of Edinburgh, against him for a debt of ^258. At Holyroodhouse 23rd January 1597-8. — Vol. lxix. fol. 201. Letter of Gift to David Seytoun of Parbroth of the escheat of Patrick, Lord Gray, now at the horn, at the instance of George Adamson, for debt. At Falkland, 30th July 1598. — Vol. lxx. fol. 30. Letter of Gift to Robert Seytoun of the escheat of Thomas Seytoun of Northrig (as cautioner for Thomas Home, brother-german to George Home of Cramecruk), now at the horn by virtue of letters raised at the instance of Marjory Danielstoun, lawful daughter of umquhile Mr. Peter Danielstoun, person of Dunce, for a debt of 100 merks. At Holyrood house, 20th December 1598. — Vol. lxx. fol. 117. Letter of Gift to John Clapen, portioner of Kilcairny, of the escheat of John Seytoun of Pittedie, now at the horn by virtue of letters raised at the instance of Peter Sibbald, brother- german of Andro Sibbald of Rankelour, against him for a debt of 500 merks. At Holyrood house, 2nd July 1598. — Vol. lxx. fol. 119. Letter of Gift to Andro Seytoun, foirman in his Majesty's Court kitchen, of the escheat of John Wallace in the Elay, now at the horn by virtue of letters raised at the instance of James Somerville in Edinburgh, for not payment to him (as assignee constitute by Christopher Mortimer, Englishman) of £193. At Falkland, 26th June 1599.— Vol. lxxi. fol. 5. Letter of Gift to James Cleghome, servitor to David Moysie, of the escheat of Alexander Seytoun in Stramiglo, now at the horn for not payment to Captain Patrick Seytoun of Stramiglo of glebland, of certain proffits and duties thereof. At Holyroodhouse, 26th November 1599. — Vol. lxxi. fol. 82. Precept for Charter of Feuferme to Robert, Lord Seytoun, of the lands of St. Germains, with manor-house, etc., lying in the constabulary of Haddington and shire of Edinburgh, which lands pertained heritably before to William Little, merchant burgess of Edinburgh, and Anne Sharp his spouse, and were resigned in the King's hands as immediate lawful superior, in favour of the said Robert and his heirs, and for new infeftment to be granted by the King. At Holyroodhouse, 14th December 1599.— Vol. lxxi. fol. 96. PRIVY SEAL 887 Letter of Gift to Mr. George Seytoun, tutor of Meldrum, of the escheat of umquhile William King, portioner of Barrache, and Mr. Gilbert Annand, son of umquhile Mr. William Annand of Gellyhill, now at the horn for not payment of the taxation of £100,000 granted for the decoration of his Majesty's marriage ; and the said Mr. Gilbert for non-compearance before the Justice to underlie the law for the murder of umquhile Alexander Seytoun, fiar of Meldrum. At Holyroodhouse, 20th February 1600. — Vol. lxxi. fol. 152. Precept for confirmation of a charter of gift and disposition granted by William Seytoun of Easter Disblair to William Seytoun, his eldest lawful son, his heirs and assignees, of the lands of Easter Disblair, mill of Kevill, lying in the regality of Lindores and sheriffdom of Aberdeen : Holding of the King and his successors in fee and heritage — rendering therefor yearly the sum of ^16, ns. At Holyroodhouse, 6th March 1600. — Vol. lxxi. fol. 160. Letter constituting James Seytoun only coal furnisher to their Majesties' houses, which office pertained formerly to John Seytoun his father, and was demitted by him, with £50 yearly for ' exercing ' the said office. At Holyroodhouse, 10th March 1600. — Vol. lxxi. fol. 166. Precept for confirmation of a charter and disposition granted by John Chalmer of Balbethane to George Chalmer, his eldest son, and Margaret Seytoun his spouse, and the survivor of them in conjunct fee, and the heirs-male lawfully procreate or to be procreated between them ; which failing, to the heirs-male and assignees of the said George whatsoever, of the lands of the Mains of Balbethane, with manor-place, etc., lying in the parish of Kinkell and shire of Aberdeen, etc. At Holyroodhouse, 15th February 1600. — Vol. lxxi. fol. 177. Letter of Gift to Thomas Elphingstoun of the escheat of David Setoun, elder in Tranent, now at the horn, at the instance of Robert Thomson, merchant burgess of Edinburgh, for a debt of £97. At Holyroodhouse, 25th June 1600. — Vol. lxxi. fol. 237. Precept for confirmation of charter of sale granted by George Auchinleck of Balmanno to George Seytoun of Auchinhuif, and Janet Cheyne his spouse, and the survivor of them in conjunct fee, and the heirs-male lawfully procreate or to be procreated between them ; which failing, to the nearest and lawful heirs-male of the said George Seytoun whatsoever, of two parts of the lands of Schethin and Little Meldrum, lying in the shire of Aberdeen. At Holyroodhouse, 19th June 1600. — Vol. lxxi. fol. 239. Letter of Gift to Richard Prestoun of the escheat of Thomas Seytoun of Northrig, now at the horn, at the instance of Alexander Seytoun and John Gibson, for debt. At Holyrood house, 19th November 1600. — Vol. lxxi. fol. 297. Letter of Gift to John Seytoun, coalman to the King, of the escheat of David and John Horn, baxters in Kincardine beside Culross, now at the horn for the slaughter of umquhile John Drew, committed by them in the month of August 1600. At Holyroodhouse, 17th November 1600. — Vol. lxxi. fol. 310. Letter of Gift to James Ker, merchant burgess of Edinburgh, of the escheat of Janet Setoun, Lady Berfut, now at the horn, at the instance of Patrick Hepburn of Stevinstoun, for a debt of 760 merks. At Holyroodhouse, 24th November 1600. — Vol. lxxi. fol. 313. Letter of Gift to John Seytoun, chamberlain of Fyvie, of the escheat of umquhile David Gordon of Knaven, now at the horn by virtue of letters raised at the instance of George, Earl Marshall, and William Jak his chamberlain, for not payment to them of his teind-sheaves of his lands of Knaven and Nethermuir, in shire of Aberdeen, of the years 1597 and 1598. At Holyroodhouse, 14th January 1601. — Vol. lxxi. fol. 342. Precept for charter of apprising to Gilbert Seytoun, helper in the royal kitchen, of the lands of Easter Pitloure, lying in the town of Stramiglo, and of lands of Stedmureland, in the barony of Pitgormo, pertaining to Alexander Seytoun in Stramiglo, as principal, and of lands of Easter and Wester Pittedies, pertaining heritably to John Seytoun of Pittedie, as cautioner, all lying in the shire of Fife, and apprised to the said Gilbert for the sum of 671 merks 6s. 8d. At Edinburgh, 4th April 1601. — Vol. Ixxii. fol. 40. Letter of Gift to Alexander Cunyngham, servitor to George Seytoun of Parbroth, younger, of the escheat of John Seytoun of Pittedie, now at the horn, by virtue of letters direct at the instance of Mrs. Jean Sinclair, lawful daughter of Henry, Lord Sinclair, and George Seytoun, fiar of Parbroth, her spouse, for a debt of 1200 merks. At Edinburgh, 26th June 1601. — Vol. Ixxii. fol. 90. Letter of Gift to George Achesoun, son of Alexander Achesoun of Gosfurd, of the escheat of David Setoun of Weddirslie, now at the horn, at the instance of Gustavus Rollok, and 888 TESTAMENTS IN Frances Vandowne his spouse, for a debt of £'112. At Holyroodhouse, 26th June 1601. — Vol. Ixxii. fol. 102. Letter of Gift to Walter Seytoun, servitor to Master George Seytoun of Barroch, of the escheat of Thomas Fraser, brother to the laird of Mukalls, now at the horn, at the instance of Mr. John Fraser, brother-german of Sir Alexander Fraser of Fraserburgh, knight, for not payment to him of sixty crowns of the sun, or £3, 6s. 8d., for the price of each piece of the same. At Falkland, 28th July 1602. — Vol. lxxiii. fol. 56. Letter granting to Sir William Seytoun of Killismure, knight, licence to transport furth of this realm forty lasts of tallow to the parts of France, or any other parts beyond sea, that he shall think most expedient for his best profit : for his trouble, and the great charges he sustained in bringing of a certane number of craftsmen, clothiers, for the great benefit of his native country in the perfection of that art of making cloth. At Holyroodhouse, 15th December 1602. — Vol. lxxiii. fol. 131. Letter of Gift to Andro Seytoun, sometime in Fethill, now in St. Gynthoune, of the escheat of Patrick Cheyne of Essilmonth, now at the horn, at the instance of the said Alexander (sic) Seytoun, for a debt of 300 merks. At Edinburgh, 30th July 1603. — Vol. lxxiv. fol. 60. Letter of Gift to Master James Raith,rservitor to Alexander, Lord Fyvie, President of the College of Justice, of the escheat of Alexander Seytoun in Bogin Jhoun, now at the horn, at the instance of Mr. John Cardno of Scothlie, for not finding caution of law borrows. At Holyroodhouse, 30th November 1603. — Vol. lxxiv. fol. 100. Letter of Gift to John Seytoun, son of umquhile John Seytoun, elder of Pittedie, of the escheat of John Seytoun younger, son of umquhile of Pittedie, now at the horn, at the instance of Robert Irwing, burgess of Kinghorne, for not infefting him and his heirs in the lands of Easter Pittedie. At Edinburgh, 23rd January 1604. — Vol. lxxiv. fol. 116. Precept for confirmation of a charter and disposition by James Seytoun of Tullybodie to John Seytoun, his eldest son and apparent heir, and the heirs lawfully procreate or to be procreated between him and Elizabeth Home his spouse ; which failing, to the lawful and nearest heirs of the said John whatsoever, heritably, of the lands and barony of Tullybodie, in the shire of Clackmanan. At Falkland, 24th July 1602. — Vol. lxxiv. fol. 172. Letter of Gift to Robert Pitcairn, brother to Patrick Pitcairn of Pitloure, of the escheat of Alexander Seytoun in Stramiglo, now at the horn, at the instance of Patrick Pitcairn of Pitloure, for not payment to him of certain sums of money : or at the instance of Captain Patrick Seytoun, for not fulfilling of a decreet mentioned in the said letters of horning : or at the instance of Gilbert Seytoun, in the Court kitchen, for not fulfilling of a contract with him. At Perth, 10th July 1604. — Vol. lxxiv. fol. 212. Letter of Gift to George Seytoun of Northrig, of the escheat of Patrick Learmonth in Aberleddie, and Adam Learmonth his son, who were convicted by an assise held in the Tolbooth of Edinburgh, 15th March instant, for art and part of the dismembering and amputation of David Fowler in Morhame, ' of a joint of his finger nixt the little finger in his left hand.' At Edinburgh, 16th March 1605. — Vol. lxxiv. fol. 268. Letter of Gift to Mr. Alexander Seaton, burgess of Edinburgh, of the ward of the lands and barony of Panmure, with manor-place, etc., lying in shire of Forfar : which formerly per tained to umquhile Patrick Maull of Panmure, of all years and terms that the same has been in ward since the decease of the said umquhile Patrick, umquhile Thomas Maull of Panmure, or any other their predecessors, immediate tenants of the same, and till the entry of the righteous heir or heirs thereto, with the marriage of Patrick Maull, now of Panmure, eldest son and apparent heir of the said deceased Patrick, or to the said deceased Thomas. At Edinburgh, 3rd June 1605. — Vol. lxxiv. fol. 322. 4. Testaments in the Commissariot Registers of Edinburgh and St. Andrews. The Testament Testamentar and Inventory of the Goods, etc., pertaining to umquhile Elizabeth Seitoun, the relict of umquhile William Spittell of Luichquhat, the time of her EDINBURGH REGISTER 889 iij°xiiijub xviij8 jCyJijlib xs iiijd. decease, who died on 27th January 1569-70, given up by Cristell (Christopher) Seitoun, her brother-german, whom she constituted her only executor testamentar on the 13th November 1569. Amount of Inventory Debts owing to the deceased Amount of Inventory with debts iiij°xxiijlib viij8 iiijd, without division. Her Latter Will is dated at the dwelling house of Luichquhat, 13th November 1569. Andrew Spittell, her son, is a witness. Quota 20 merks. Confirmed 14th February 1569-70. The said Christopher Seitoun is cautioner. — Vol. ii. The Testament Testamentar and Inventory of the Goods, etc., pertaining to umquhile Walter Seytoun of Tullebody the time of his decease, who died in the month of October 1568, given up partly by himself, and partly by James Seytoun, his son and heir, whom he con stituted his executor. Inventory ........ vclxiijlib • ¦VJ| viijd xjclxxxxixlib vj8 viijd. jmviijclxijlib xiij8 iiijd. viiij ujuxvujlib XlllJ" '""v°xliijlib xviij1 xd. VcXllljlib X1J ;d viijd- Debts owing to the deceased Amount of Inventory with the debts Debts owing by the deceased Amount of free geir, debts deduced (deducted}) To be divided into three parts, dead's part The Latter Will is dated at Touchfraser, 8th October 1568, whereby he constitutes James Seytoun his son, and Elizabeth Erskine his spouse, his executors. Mr. James Seytoun person of Quhitsum is a witness. Quota £xij. Confirmed on 17th March 1569-70, the said James his son being cautioner. — Vol. ii. The Testament Dative and Inventory of the Goods pertaining to umquhile Margaret Seytoun the time of her decease, who died in March 1573, given up by Katharine Wemyss, executrix-dative discerned to her. Sum of Inventory .... Debts owing to her ...... iiijcxlixlib. Sum of Inventory with debts . . . . . j" Among the debts due by her is one to George Seitoun of 10 merks, and to James and Patrick Seitoun 12 merks. Sum of debts .... ixcliiijUb vj8 viijd. ujjjojjjlib yjs yifjd Amount of free gear, debt deduced (deducted?) To be divided into three parts, her part is ... Quota xijlib. Confirmed 20th May 1574. The said Katharine Weymss is cautioner.- The Testament Testamentar and Inventory of Goods, etc., pertaining to umquhile William Setoun, dwelling in the town of Setoun, the time of his decease, who died in 1573, given up by his own mouth, 30th August 1573, before witnesses. lxxiiijlib vjs viijd. jmij°xxix,ib. iiijcixlib xiij8 iiijd. -Vol. iii. lxxviij lib ' iiijd. lxxxvijub. jclxvUb ix8 iiijd. xvjjlib yjj3_ j°xlviijlib ij8 iiijd. xlixlib vij8 vd. Sum of Inventory Debts due to him Sum of Inventory with debts , Debts due by him Amount of free gear To be divided into three parts, his part is Quota xlix8. The Latter Will is dated 30th August 1573, whereby he nominates Helen Ballenden his spouse, and George Setoun his son, his executors, and also constitutes David Setoun in Tranent, his cousin, his superior and oversman, to see that the said executors faithfully fulfil his latter will : and wills that after his debts are paid the free gear be divided equally among his three children : his wife having the use thereof during their minorities. Confirmed 29th January 1574-75. The said Helen Ballenden is cautioner. — Vol. iii. The Testament Dative and Inventory of the Goods, etc., pertaining to umquhile John 5U 890 TESTAMENTS IN Seytoun, laird of Wester Lathreisk, the time of his decease, who died in the month of November 1564, given up by Alexander and George Seytoun, executors decerned to him. Sum of the Inventory ...... vijcxliijlib xijd. lxvjlib xiij8 iiij vnjcixlib xiiij8 iiijd. lxiijm> iiij8 iiij"1. vij°xlvjlib x8. iij°lxxiijlib v8. Debts owing to him Sum of Inventory with debts Debts owing by him Amount of free gear To be divided in three parts, his part is Quota xx merks. Confirmed 20th May 1575. — Vol. iii. The Testament Dative and Inventory of the Goods pertaining to umquhile David Seytoun in Bruntisland the time of his decease, who died in July 1574, faithfully made and given up by Master James Seytoun, his brother, executor-dative decerned to him by the Commissary's decreet of date 27th October 1574. Among the goods mentioned there were, pasturing, in the hands of John Seytoun in Lawsounstoun, 15 ewes, 1 wedder, 1 ram, and 8 hogs. Price of the piece overhead . j xiij8 iiijd. Sum ........ xxv merks. Sum of the Inventory ...... ij°iiijlib xvij8. Among the debts due to him is one by Jonet Setoun, Lady Rankeillour, elder, viij merks. Sum of debts ....... ijcxxlib iij8 vjd- Sum of Inventory with debts ..... iiijcxxvUb vjd. Debts owing by him ...... iiijlib. Amount of free gear ...... iiijcxxjlib vjd. No division. Quota x merks. Confirmed 29th November 1575. The said Mr. James Seytoun, executor, is cautioner. — Vol. iii. The Testament Dative and Inventory of the Goods pertaining to umquhile Jonet Seytoun, sometime spouse to Walter Allerdyce, portioner of Kincragy, the time of her decease, who died in the month of April 1575, faithfully made and given up by the said Walter Allerdyce her spouse, in name and behalf of William, John, Issobell, Jonet, Margaret, and Bessie Allerdyce, their lawful children and executors decerned to their said mother. Sum of the Inventory ...... iiij°xijlib xviij3 viijd- Debts owing to her ...... vlib- Sum of Inventory with debts ..... iiijcxvijlib xviij8 viijd. Among the debts due by her is one to Alexander Seytoun her brother of xlviij8, and to Elspeth Allerdyce, spouse to John Gardner in Falkland, of tocher good 100 merks. Sum of debts ....... iijcxllib viij8. Free gear ....... lxxvijlib x8 viijd. Confirmed 22nd May 1576. The said children are cautioners. — Vol. iv. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Alex ander Seytoun of Northrig the time of his decease, who died in the month of January 1567-8, faithfully made and given up by himself at his dwelling place of Northrig ist August 1567, before witnesses, viz., John Seytoun, bailie in Tranent, and others, and thereafter in the month of January same year before the said bailie and other witnesses. Sum of Inventory ...... vjcxxxiijlib x8. Debts owing to him ...... jcxxxviijlib viij8 iiijd. Sum of Inventory with debts ..... vijclxxijlib iij8 iiijd- Among the debts due by the deceased is one to Henry Setoun, Provost of Dirleton, of lx,lb which the testator took up of his benefice. Sum of debts ....... iiijcxxjUb iiij6 viijd. Amount of free gear ...... iij°llib xviij8 viijd. In his Legacy he leaves 'his body to be bureit within the College Kirk of Seytoun amang the sepulturis of his auld fatheris ' ; also he constitutes George Seytoun, his son, his assignee to the sum of ^100 owing by Archibald Preston, goodman of Valleyfield, in EDINBURGH REGISTER 891 complete payment of his daughter's tocher good : also he leaves his whole goods and gear to Jonet Sinclair his spouse, during her lifetime, to have the use and profit of the same, to the upbringing of the children : constituting the said Jonet Sinclair and David Sinclair of Blans his executors, to act with the advice of George, Lord Seytoun, his chief lord and oversman : and in case the said Jonet, for fear of curatory and intromission with his goods, shall intromitt with her own part, he constitutes Henry, John, and George Seytoun, his sons, executors, and ordains them to use the Council of their said mother. Registered 22nd May 1576. — Vol. iv. The Testament Testamentar and Inventory, of the Goods pertaining to umquhile Jonet Sinclair, relict of umquhile Alexander Seytoun of Northrig, the time of her decease, which was in the month of August 1574, faithfully made and given up by hers atelf, the Northrig, 20th August 1574, before witnesses. Sum of Inventory ...... vijcjub iiij8 viijd. Debts owing to her ...... lxxiijub iiij8. Sum of Inventory with debts ..... vijclxxiiijlib viij8 viijd. Among the debts due by the deceased are — To George Seytoun ^113, 6s. 8d. To John Seytoun 80 merks. To Captain Symon Cokburne, conforme to an Instrument granted by him in favour of George Seytoun her son, ^100; To Henry, John, and George Seytoun, three of the five executors of the late Alexander Seytoun of Northrig, for their part of gear which fell to them by reason of executry £63, 10s. 4d. : Also to them for their portion natural ^117, ns. 6d. Amount of debts due by her ..... vj°xlviijlib xvij8 vijd. Amount of free gear ...... j°xxvlib xj8 id- Her Latter Will is dated 20th August 1574, whereby she left to George Seytoun her son ^40, and constitute Henry Seytoun, her son, her only executor testamentar. Registered 22nd May 1576. — Vol. iv. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Isobell Seytoun, relict of umquhile Walter Peirsoun in Quhytfeild beside Dundee, the time of her decease, which was in the month of November 1579, faithfully made and given up by herself. At Quhytfeild, 21st November 1579, before witnesses. Amount of Inventory ...... vcxlHb. Among debts due by her are — To Thomas Peirson her son, resting of his legacy left him by his father 130 merks : Also to Alexander Peirson her son of similar legacy xxIib. To James Peirson her son of similar legacy xxub. — Vol. viii. Her Legacy and Latter Will is dated 21st November 1579, whereby she desired her body to be buried in the Kirk of Mains. She leaves to Margaret Davidsoun, her daughter, xxxub, and certain clothing to be distributed between her and Margaret Peirson, spouse to David Aberdene, her other daughter : Also to Thomas Peirson, her son, 310 merks, of which there is 130 merks contained in his father's Testament: Also to said Margaret Davidson xx merks : To James Peirson 140 merks : To Alexander Peirson 140 merks : To David Aberdene, and Margaret Peirson his spouse, 140 merks : To David Aberdene's daughter certain clothing. She nominates the said James and Alexander Peirson, her sons, to be her executors. Con firmed 4th January 1580-1. The said James Peirson is cautioner. — Vol. viii. The Testament Testamentar and Inventar of the guids geir soumes of money and dettis pertaining to umquhile Isobell Balfoure Lady Carrelstoun sumtyme spous to James Seytoun in Rameldrie in the parochin of Lathrisk the tyme of hir deceis quha deceist in Rameldrie upoun the xxiij day of Merche the zeir of God jmvclxxix zeris faithfullie maid and givin up be hir self at Rameldrie the xviij daye of Merche the zeir of God foirsaid befoir thir witnessis John Arnot in Chapell Alexr Williamsoun in Kettill Thomas Williamsoun in Dounfeild John Falkland and Alex* Falkland in Rameldrie with utheris divers. Summa of the Inventar ..... viij°xxxvijlib xiiij8. Summa of the Debts owing to the deid .... iijcxxhb xiij8 iiijd. Summa of the Debts owing be the deid . . . ix°vijm> xiij8 iiijd. Rests of Free Geir ...... ij0^ xiij8. Followis the deidis Legacie and Latter Will. At Rameldrie the xviij day of Merche the zeir of God jmvclxxix zeris. The quhilk day the said Isobell Balfour Lady Carrelstoun 892 TESTAMENTS IN spous to James Seytoun in Rameldrie maid hir Latter Will and Legacie as followis viz* Item the said Issobel Balfour Lady Carrelstoun being haill in mynd aud seik in body eftir ressoning and conferring how and be quhat force the dettis auchtand to hir suld be recoverit and inbrocht and siclyk how the dettis auchtand be hir suld be payit and how the guids perteining to her suld be disponit Scho for certaine ressonabill caussis moving hir and for the weill of hir bairnes and upbringing thairof traistand and hoipand in her spous James Seytoun and that he wuld dispone all thingis according to her will and wele of hir bairnes hes nominat and constitut the said James Seytoun hir spous hir onelie Executour, haill intromettour with the guidis and geir perteining to hir and left to him the haill gudis geir and dettis that pertenit to hir or may apperteine to hir with power to him to intromett with the same in maist ample forme and constitution for the wele of hir bairnes. This wes done befoir thir witnessis John Arnot in Chapell, Alexander Wmsoun in Kettill, Thomas Williamsoun in Dounfeild, John Falkland and Alexander Falkland in Rameldrie, with utheris diveris. Sic Subscribitur Alexr Mure Minister of Kylgour and Lathrisk with my hand. Confirmed the 22nd October 1580. No cautioner named. — Vol. viii. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Johne Seytoun, sometime bailie of Tranent, the time of his decease, which was on the 9th March 1573-4, faithfully made and given up by himself, at Tranent, 5th March 1573. Sum of Inventory ...... iijcxlvijlib vj3 viijd Among the debts due by him are — To Marioun Seytoun, his daughter, xxvjllb, and to John Seytoun, his son, ^112. The Latter Will is dated at Tranent, 5th March 1573, whereby he constitutes Elizabeth Achesoune, his wife, his executrix, and ordains her to discharge so much of the debt as the Inventory extends to, the rest to be paid by his heirs. He leaves all his rooms and possessions to his said wife, during her lifetime. He leaves to his bairns, viz. : Agnes, Helen, Janet, Katharine, James, and Thomas Seytoun, the sum of ^1000, in bairn's part of gear, to be paid to tbem by his heirs, to be modified to them at the discretion of Archibald Stewart in Edinburgh, Alexander Acheson of Gosfurd, and Alexander Cubie in Prestoun, to whom he constitutes his Master, Lord Seytoun, oversman, in case of their not agreeing ; also he leaves to his son, John Seytoun, ^112 owing by him, together with ^100 in bairn's part of gear, and in security of these sums he ordains him to 'bruik and joise' that 2 oxingait of land which he presently occupies till the said heirs should pay the said sums ; also he leaves to his son, David Seytoun, ,£100, bairn's part of gear, on a like security. Confirmed 6th May 1585. The said Elizabeth Achesoun is cautioner. — Vol. xiv. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Mar garet Scott, sometime spouse to John Seytoun, mariner, in north side of the Brig of Leith, the time of her decease, which was in the month of September 1587, faithfully made and given up by herself at the north side of the Brig of Leith, 10th September, year foresaid. Sum of Inventory ...... ij°xxxiijhb vj8 viijd. Among the debts owing by her are — To John Seytoun, litster, burgess of the Cannongate, iijlib xxijd, and to John Seytoun, her son, which was left to him by umquhile Margaret Mathie, his good dame, and intromitted with by his said umquhile father and mother, the sum of ;£jcxxviij. She constitutes the said John Seytoun, her husband, skipper in Leith, her only executor. Confirmed 26th September 1589, the said John Seytoun, skipper, being cautioner. — Vol. xx. The Testament Testamentar and Inventory of the Goods, etc., pertaining to umquhile George Seytoun in Ramelrie in Fife, the time of his death, which was in the month of February 1587, faithfully made and given up by himself on 12th January preceding. Sum of Inventory ....... vjclxjub. Among the debts owing by him are — To the Laird of Carlestoun, for ferme mail lxxxxixub. The Latter Will is dated at Ramelrie, 12th January 1587, whereby he constitutes Andro Seytoun, his eldest son, his executor : and leaves his whole gear to be equally divided among Andro, John, and Margaret Seytoun, his sons and daughter, amounting to each of them to jcvub xiij8 iiijd. Confirmed 8th December 1589. The said Andro Seytoun is cautioner. — Vol. xxi. The Testament Dative and Inventory of the Goods pertaining to umquhile Christopher EDINBURGH REGISTER 893 Seytoun in Stramiglo in Fife, the time of his death, which was in February 1586-7, was faith fully made and given up by Alexander Seytoun in Stramiglo, his son, in name and behalf of Janet Seytoun, daughter to the said Alexander and ' oy ' to the testator and executrix-dative surrogate to him, on 9th December 1590. Sum of Inventory ...... lxvjlib xiij8 iiijd. Confirmed 14th December 1590. — Vol. xxii. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Eliza beth Erskene, relict of Walter Seytoun, laird of Touche, within the parish of St. Ninians, and sheriffdom of Stirling, the time of her death, which was on 5th June 1598, faithfully made and given up by Robert Seytoun, her son lawful, whom she nominated her executor. Sum of the Inventory ...... vijcxlvijlib vj8 viijd. Debts owing to her ...... viijclxxxxijIib xij8 8d. Sum of Inventory with debts ..... jmvj°xlhb iij8 4d- Among the debts owing by her is one to Elizabeth Seytoun, for her year's fee iijlib vj8 viijd- Amount of free gear ...... jmv°lxxxviijlib. The Latter Will is dated at Craignewen, 26th February 1597, whereby she nominates her foresaid executor, and leaves to Elizabeth Reddoche her ' oye,' xllib : To Elizabeth Lennox, her ' oy,' xllib : To Jelis Seytoun, her ' oy,' 2 young kye : Item, to William Lennox, her ' oy,' llib : To James Seytoun, her ' oye,' llib : To Mr. Alexander Seytoun, son to the Laird of Touch, 100 merks : To Jean Seytoun, the Laird's daughter, 4 young kye : To Marie Lennox and John her brother, equally between them, jc merks : To Katharine Reddoche, and Elspeth Seytoun, Christopher's daughter, her servants, each of them 100 merks : To David Muschett, her ' oy,' xllib : To Patrick Muschett, xllib : To John and Robert Muschett, between them, 100 merks: To Elspeth Douglas, her 'oy,' lKb : To James Reddoche, her son-in-law, 100 merks : To Elspeth Seytoun, her daughter, 4 bolls meall : and the rest of her goods to her said executor : and constitutes James Seytoun of Tullibodie, her son, oversman, to see her Will executed. Alexander Seytoun of Gargunnock, Archibald Seytoun (not designed), are witnesses. Confirmed 2 5th October 1598. Mr. Alexander Seytoun, son to the Laird of Touche, is cautioner. — Vol. xxxii. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Cristell Seytoun, brother-german to James Seytoun of Tullybody, who died in 1596, faithfully made and given up by himself, on the 28th July same year, as far as concerns the nomination of executors, legacies, etc., and partly by Rebecka Cornuell, his relict spouse, and Robert Seytoun, his brother-german, in so far as concerns the Inventory. Sum of the Inventory ...... vcxiijlib vj8 viijd. Debts owing to him ...... vjcviijlib xiij8 iiijd Sum of Inventory with debts ..... jmjcxxijlib. Summa of debts due by him ..... xlvjub. Amount of free geir ...... jmlxxvjlib. The Latter Will is dated at Stirling, 28th July 1596, whereby he constitutes his said spouse, and Robert Seytoun, his brother, his executors, and his said spouse to be only intromitter during her widowhood : and in case she marry again, leaves the guiding of his room in Boquhame to his said brother ' for the weill of his bairnes ' ; also he leaves to Archibald Seytoun, his eldest son, 1000 merks, being upon Lord Livingstone's land, together with his lodging in Stirling. To Walter Seytoun, his other son, he leaves 600 merks, being upon John Bruce of Auchinbowie's lands ; also more to him, other 600 merks, being on the Abbot of Cambuskenneth's lands ; also 400 merks and 200 merks to Margaret Seytoun, his daughter; also to her 323 merks due to him for wine ; also 100 merks to Elspeth, his other daughter. He ordaines the plenishing of Boquhame to remain in the room for the behoof of his said eldest son. Leaves to Gellis Seytoun, his other daughter, ioolib, whereof she has received xxvjlib; also 200 merks to Elspeth, his daughter. To John Seytoun, his bastard son, xlub to put him to a craft. He leaves his third part, amounting to 358lib 138 4d, to his wife, during her widowhood : and to her children after her marriage, to be governed by his said brother. Confirmed 25th October 1598. Mr. Alexander Seytoun, son lawful to James Seytoun of Tullibody, George Cornwall, son lawful to Nicol Cornwall of Ballinhard, and the said Robert Seytoun, executor, are cautioners. — Vol. xxxii. The Testament Dative and Inventory of the Goods, etc., pertaining to umquhile Margaret 894 TESTAMENTS IN Ross, sometime spouse to John Seytoun of Lathrisk, within the parish of the same and shire of Fife, who died .on 8th March 1597-8, faithfully made and given up by the said John Seytoun, her spouse, as father and lawful administrator to William, Henry, Elspeth, Margaret, Issobell, and Christian Seytoun, their lawful bairns, and executors-dative decerned to their said mother, by decreet of the Commissary of Edinburgh. At Edinburgh, 19th January 1598. Sum of the Inventory . . . . . . jmviijclxiiijlib xiij8 iiijd. Debts owing to her ...... iijclib. Sum of Inventory with debts ..... ijmjclxiiijlib xiij8 4d. Among the debts due by the said Margaret are these : — To Mr. David Carmichaell, portioner of Baiglie, for his tiends lxxxxvjub. To Captane Patrick Seytoun of annual rent . . • j°xliiijlib- Amount of free gear ...... jmvj°lxxxxviijlib. To be divided in three parts, his part is vclxvjlib. Confirmed 19th January 1598. Mr. David Carmichaell of Baiglie is cautioner. — Vol. xxxii. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Captain Patrick Seytoun, brother-german to umquhile John Seytoun of Lathrisk, who died ' in Elgin in Murray within the duelling hous of the rycht nobill and potent lord, Alexander, Lord of Fyvie, president,' on the 16th day of September 1600, faithfully made and given up by himself at Elgin, 14th September 1600. Sum of the Inventory ...... jclxxiiijlib xiij3 iiijd. Among the debts owing to him are these : — By John Setoun of Lathrisk, conform to a contract, charter, and sasine, with instrument of requisition following thereon, the sum of jmvjcxxxij merks; by Alexander Spens, brother-german to Arthour Spens of Lathalland, jm)ib; by Alexander Seytoun in Stramiglo, and Andro Seytoun, cook in his Majesty's kitchen, Iij bolls victuall, price ijclxlib; by Archibald Henderson, servitor to Lord Seytoun, 30 crowns of the sun, jolib; by John Seytoun, third son to the Laird of Parbroath, 20 crowns of the sun, lxvjub xiij8 iiijd. Sum of debts owing to him ..... iijmviij°liiijlib. Sum of Inventory with debts ..... iiijmxxviijlib xiij8 4d. The debt due by him is one to Mark Swinton in Innerkeithing, conform to a contract of marriage, vclib. Amount of free gear ...... iijmvjclxxxxvlib vj8 viijd. The Latter Will is dated at Elgin 14th September 1600, whereby he nominates Arthur Spens of Lathalland, and Alexander Spens, his brother-german, his executors, and the said Alexander his only intromittor, to be comptable always to his brother. ' Item I ordane my said executors to delyver to John Seytoun my nevoy and air of lyne the soume of ixc merkis quhilk I ordane to be tane of the first end of the xvjc and xxxij merks quhilk is awand to me be John Seytoun of Lathrisk, Item I leif to Issobell Swintoun my guid-dochter, and lawfull dochter to Mark Swintoun, iij° merks, to be tane out of the rest of the xvjc and xxxij merks quhilk will extend to tham of the said sowme to xij° merkis swa as to the rest of the said sowme of xvj° and xxxij merks I leif therof to David Barclay of Strowie and Grissell Barclay his sister the sowme of iij0 merks equally to be divided betuix tham, Item I leif to David Setoun my nevoy in France fyve hundreth merkis to be tane out of the thowsand pundis awin to me be Thomas Tyrie; Item I leif to George Seytoun my nevoy lykwayes the obligatioun of threttie crounes awin to me be Archibald Hendersoun, togidder with uther fyftie merkis contenit in the obligatioun maid to me be Mr. James Wod, of xxx crounes : Item I leif the rest of Mr. James his obligatioun quhilk extendis to xx crounes to Thomas Oliphant, also my nevoy : Item I leif to Henry Oliphant my nevoy the obligatioun of xx crounes maid to me be Johne Seytoun thrid sone to the Laird of Parbroth, Item I leif the xviij bolls of beir awand to me be Richard Archibald of Drummaird, and Mr. David Archibald of Blakhall, his brother, to be given to Jonet Seytoun my niece, sister to Margaret Seytoun, spous to Mark Swintoun, Item I leif tua hundreth merkis to Jonet Duddingstoun, Lady Lathalland, to be tane of the thousand pundis awand be Thomas Tyrie, togidder with my braislettis of gold, silver salt fatt, and twa silver spwnes with a coupe. Item I leif to Patrik Spens my godsone my hors, with ane hundreth merkis of silver to be tane out of Thomas Tyrie's debt. Item I leif my montur (sic) to be onlie as airschip to Johne Seytoun my nevoy and air,' etc. Alexander, Lord of Fyvie, president, is a witness. Confirmed 19th November 1600. The said Arthur Spens of Lathalland is cautioner. — Vol. xxxv. EDINBURGH REGISTER 895 The Testament Testamentar and Inventory of the Goods pertaining to Dame Geillis Seytoun, Lady Inchemartyne, sometime spouse to Patrick Ogilvy, Laird of Inchemartyne, within the sheriffdom of Perth, the time of her death, on 5th February 1600, faithfully made and given up by the said Patrick, whom she constitutes her executor testamentar. Sum of the Inventory ...... iijmix°lxxviijIib. iclib ¦jmynjo vmvij°lxxviij1'b. jmxxvUb.iiijmvijcliijub. ijmiij°lxxvjlib x8. Debts owing to her Sum of Inventory with debts Debts owing by her Amount of free gear To be divided in two parts, her part is Quota lxUb. The Latter Will is dated at Inchemartyne, 26th September 1598, whereby she leaves all her goods and gear to her said husband. Confirmed 13th June 1601. Patrick Kynnaird of that ilk is cautioner. — Vol. xxxv. The Testament Testamentar and Inventory of the Goods pertaining to Elspeth Seytoun, in the town of Seytoun, in parish of Tranent and constabulary of Haddington, the time of her death, in July 1601, faithfully made and given up by John Ker, servitor to Robert, Lord Seytoun, universal legator nominated by her in her Latter Will. ;olib j°lxxvjlib. ijclxxvjlib. Sum of Inventory Debts owing to her Sum of Inventory and debts No Division. Quota gratis. The Latter Will is dated at Edinburgh, 7th June 1586, whereby she constitutes the said John Ker her only cessioner and assignee, and leaves all her goods to him. Confirmed 7th December 1601. Francis Irving, son of John Irving of Kynnok, is cautioner. — Vol. xxxvi. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Geillis Seytoun, sister-german to George Seytoun of Caristoun, the time of her decease, on 18th November 1601.1 — Vol. xxxvi. The Testament Testamentar and Inventory of the Goods, etc., pertaining to umquhile Alexander Seytoun of Gargunnock, within the parochin of St. Niniane and sheriffdom of Stirling, the time of his decease, on 8th October 1602, faithfully made and given up by Janet Buchanan, his relict spouse, only executrix nominated by him in his Latter Will. lxxxvjllb xiij- iiijd. iiij°lxxxvjlib. vclxxijUb xiij8 4d xlub. vcxxxijlib xiij8 4' jclxxvijlib xjB. Sum of the Inventory Debts owing to him Sum of Inventory with debts Debts owing by him Amount of free gear To be divided into three parts, his part is Quota vhb. The Latter Will is dated at Gargunnock, xxij September 1602, whereby he nominates the said Janet Buchanan, his spouse, his executrix, with the provision that she shall pay his and her debts, and in case she be wronged by her children or others, he appoints the Laird of Touche and Robert Seytoun, his brother, to assist and maintain her. Confirmed 21st January 1603. John Seytoun, tailor, burgess of Edinburgh, is cautioner. — Vol. xxxvii. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Andro Seytoun, sometime foreman in the King's Court kitchen, the time of his decease, on 5th January 1603, faithfully made and partly given up by himself on the said day, and partly by Marion Broun, his relict spouse, whom he nominated his only executrix. Sum of Inventory Debts owing to him Sum of Inventory with debts Debts owing by him And so the debts exceed free goods •juxxlib xjjjs lxlib. j°lxxxvbb xiij8 4d. j°lxxxviijUb xvj8 8d- iijlib iij8 4d. Printed ad longum under Cariston, p. 584 supra. 896 TESTAMENTS IN xlib. iiijoUb. iiij°xlib. yv lib In his Latter Will, dated 4th January 1603, the said Andro nominated the said Marion Broun his executor to his bairns and goods, and Gilbert Seytoun, his kinsman, and Andro Brown, gardner of the King's north yards, overseers to the said Marion and his bairns, and with them John Acheson, portioner of Innerask, as oversman. Alexander Seytoun in Stra miglo, and George Seytoun, servand to the said deceased Andro, are among the witnesses. Confirmed ist May 1604. Alexander Thomsoun, indweller in the Cannogait, is cautioner.— Vol. xxxix. The Testament Dative and Inventory of the Goods pertaining to umquhile James Seytoun of Orky, within the parish of Lathrisk. and sheriffdom of Coupar in Fife, the time of his decease, in September 1587, faithfully made and given up by Janet Seytoun, his daughter, executrix-dative decerned to him. Sum of Inventory ..... Summa of debts due to him, due by George, Lord Seytoun Sum of Inventory with debts .... To be divided into 2 parts, his part Quota is v merks. Confirmed 24th May 1604. Mr. William Echlene, apparent of Pittadro, is cautioner.— Vol. xxxix. The Testament Testamentar and Inventory of the Goods pertaining to umquhile John Seytoun, elder, skipper, indweller in Leith, the time of his death, on 28th September 1603, given up by himself, 12 th of said month. Sum of Inventory, ...... xxlib. Among the debts due to him are : ' Item, by Fergusons, bairns of umquhile Laurence Ferguson, skipper in Leith, xxvlib ; Item, by Janet Scott, relict of umquhile John Seytoun in Kirkcaldy, borrowed by her from the defunct, xvijlib xs ; Item, by John Seytoun in Pittedie, of borrowed money, xviijlib ; Item, by John Seytoun, son to the deceased, lijub, for the by- run annuals of 500 merks, xxvjlib, and xxvjlib which he has in venture with his said son at the sea.' Sum of debts owing to him .... Sum of Inventory with debts .... Among the debts owing by him are : ' Item, to William Ferguson, his son-in-law, conform to his bond, j° lib ; Item, to Lawrence Ferguson, his other son-in-law, conform to his obliga tion, j°vhb ; Item, to John Seytoun, younger, his son, conform to a contract of marriage, j° merks.' Sum of debts owing by him ..... iij°lijllb vj8 8d. And so the debts exceed the free goods . . . xviijub iij8 4d. His Latter Will is dated at Leith, xij day of September 1603, whereby he nominates Margaret M'Neill his spouse, and John Seytoun, younger, his son and apparent heir, his executors ; and also nominates Alexander Peirson, merchant burgess of Edinburgh, and James Logan, clerk of the Canongate, oversmen conjunctly to his said testament; and he leaves to the poor on the north side of the brig of Leith vjlib, to be distributed by the minister and session thereof. Henry Seytoun, son to John Seytoun, burgess of Edinburgh, is a witness. Confirmed 20th May 1605. John Vaus in Leith is cautioner. — Vol. xl. iij°xiiijUb iij3 4d iij°xxxiiijlib 3s 4d The Testament Dative and Inventory of the Goods pertaining . of Parbroth, comptrollar to the King, in the parish of Creich and time of his decease, on 24th November 1601, given up by Robert dative surrogate to his said umquhile father. Sum of the Inventory Debts owing to him Sum of Inventory with debts Summa of debts owing by him Rests of free gear To be divided into three parts, his part is Quota llib. Confirmed 6th June 1605. Sir William Auchterlony, younger of Kellie, is cautioner. Vol. xl. to umquhile David Seytoun shire of Coupar in Fife, the Seytoun, his son, executor- iiijmlxxiiijlib xiij8 4d- jmiiij°xxxjlib vj8 8d. ymycvjlib_ vij°xijlib xiij8 4d. iiijmvijclxxxxiijlib 68 8d. jmVOjXXXXyJjlib XyS yjd EDINBURGH REGISTER 897 The Testament Dative and Inventory of the Goods pertaining to umquhile David Seytoun of Waiderlie, within the parish of Tranent and constabulary of Haddington, who died in November 1600, faithfully made and given up by Margaret Watt, his relict spouse, in name of George and Matthew Seytoun, his lawful sons, executors-dative decerned to their said umquhile father. Sum of Inventory ...... j°lxxxlib vj8 8d. Debts owing by him ...... xlib Amount of free gear ...... jclxxlib vj8 8d. To be divided into 3 parts, his part is . . . . lvjUb xv8 viijd. Quota is xiij8 iiijd. Confirmed 10th July 1605. John Cunynghame, merchant burgess of Edinburgh, is cautioner. — Vol. xl. The Testamentar and Inventory of the Goods pertaining to umquhile Robert, Earl of Wintoun, Lord Seytoun, within the parish of Tranent and constabulary of Haddington, who died on 22nd March 1603, faithfully made and given up by himself, as far as the nomination of executors and legacies : and partly by Dame Margaret Montgomerie, Countess of Wintoun, his relict spouse, so far as concerning the Inventory. Sum of the Inventory ...... iijmvij°lxvilib 138 4d. Debts owing to him ...... vjmiij°xviijub xj8 8d. Sum of Inventory with debts ..... xjmlxxxvlib vB. Among the debts due by him are — To Henry Seytoun, merchant burgess of Edinburgh, of borrowed money, ^1000 : To Margaret Watt, relict of umquhile David Seytoun of Waiderlie, 1000 merks : To Lady Cassillis for the repairing and bigging of the place of Wontoun, to be a dwelling-house to Robert, Master of Seytoun, his eldest son, and Mrs. Anna Maitland his spouse, conforme to contract of marriage, the sum of 2000 merks : To Sir William Seytoun of Kylesmure, knight, 1000 merks: To Robert Seytoun, servant, for his year's fee, xllib : To George Seytoun, baron officer, for his year's fee, 100 merks. Sum of debts due by him ..... iiijmvijclvlib vj8 8d. Amount of free gear ...... vmiij°xxixlib xviij8 iiijd. To be divided into 3 parts, his part is . . . . jmvij°lxxvjlib xij8 ixd. Quota, xxub. In his Latter Will he ordains ' my bodie to be bureit haill in maist humbill quyet modest and Cristiane maner without all extraordinarie pomp or unlawful serimonie within my college Kirk of Seytoun amangis my progenitours of worthie memorie.' He constitutes the said Dame Margaret Montgomerie, his spouse, his only executor, giving her power to pay the above debts due by him : ' Attour I leif in legacie to the particular persounes following the particular sowmes of money underwritten That is to say I leif in legacie to Johne Seytoun my youngest laufull sone in full and compleit payment and satisfactioun of quhatsumevir thrid bairnis part of geir or portioun naturall he may acclaime or that in ony wayis may fall to him throw my deceis the sowme of ten thousand merkis : To Sir Johnne Hammiltoun of Encleve Knicht my sister sone thrie hundreth merkis : To Hanniball Seytoun son natural to umquhile Sir Johne Seytoun of Barnis Knicht my brother ane hundreth pundis : To George Seytoun now of Carrelstoun my cousing ane thousand merkis, instantlie to be laid for profeit upone land or annualrent quhair best securitie and commoditie may be fundin, the yerlie profeit and annualrent of the samyn to be payit to George Seytoun his eldest sone and appearand air, during the lifetyme of the said George Seytoun now of Carrelstoun, his father, with power alwayis to the said George Seytoun now of Carrelstoun befoir his decis to leif and dispone the said sowme of ane thousand merkis be legacie or testament to ony of his other bairnes ane or ma as he sail think expedient : To Elizabeth Seytoun sister germane to my said cousing thrie hundreth merkis,' and the rest of his goods and gear to his said spouse and executrix : ' And finallie I be thir presents makis nominatis and constitutis my said darrest spous during all the dayis of hir lyftyme, at the leist during hir wedowheid, onlie tutrix and curatrix and universall gubematrix to George, Alexander, Thomas, and the said Johnne Seytoune our sounes, and to Maistres Issobell Seytoun our onlie dochter ; during thair minorities and non ageis respective, quhilk nonaige I declair to be quhill my sounes be xxj yeiris compleit, and my dochter laufullie mareit.' And in case his said spouse should marry again, he wills that she should in such case make payment of his said bairns' gear, ' to my 5* 898 TESTAMENTS IN lovit brother Alexander Lord of Fyvie, President, and Sir William Seytoun of Kylesmure, Knycht, quhome I have in that cais nominat conjunctlie and severallie to be tutors to my said bairns.' Dated 28th February 1603. Robert, Master of Seytoun, his eldest son, Mr. James Seytoun parson of Quhitsum, and George Seytoun messenger, are witnesses. Confirmed 18th February 1606. Richard Addingstoun, fiar of that ilk, is cautioner. — Vol. xli. The Testament Dative and Inventory of the Goods, etc., pertaining to umquhile Marie Maitland, sometime spouse to John Seytoun of Auquhortie,1 chamberlain to Alexander, Earl of Dunfermline, Lord Fyvie, and Urquhart, Great Chancellor of Scotland, within the parish of Tarves and sheriffdom of Aberdeen, who died on 10th May 1604, faithfully made and given up by the said John Seytoun her spouse, as father and lawful administrator to Robert, John, and William Seytoun, their lawful children, and executors-dative decerned to their said deceased mother. Sum of the Inventory ...... iijmiiijcxiijlib vj8 viijd. Among the debts due by her are — To Alexander, Earl of Dunfermline, for the ferme of Haddo, 4 chalders oatmeal, price of boll iijUb; sum, j°lxxxxijlib ; to John Urquhart, tutor of Cromarty, j°lijlib. Sum of debts due by her ..... viijcxxvlib 138 4d- Amount of free gear ...... ijmv°lxxxvijub 133 4d. To be divided into three parts, her part is . . viij°lxijlib xjB jd. Quota vjub. Confirmed 20th February 1606. Cautioner not named. — Vol. xli. The Testament Dative and Inventory of the Goods pertaining to umquhile James Seytoun of Tullibodie, within the parish of St. Ninians and sheriffdom of Stirling, who died on 14th February 1606, faithfully made and given up by Mr. Alexander, Mr. Robert, George, and Mr. James Seytoun, sons lawful to the defunct, and executors-dative decerned to him. Sum of the Inventory ...... ijmvclxxxxvjlib. Debts owing to him ...... iiijmijciiijxxxijub xix8 iiijd. Sum of Inventory with the debts .... vjmviij°lxxxviijlib xix8 iiijd. To be divided into three parts, his part is . . ijmij°lxxxxvjlib vj8 4d. Quota is j° merks. Confirmed 12th February 1607. John Seytoun, now of Tullybody, is cautioner. — Vol. xiii. The Testament Dative and Inventory of the Goods pertaining to umquhile Sir John Seytoun of Barnis, knycht, one of the Senators of the College of Justice, who died in May 1594, given up by John Seytoun, now of Barnis, his eldest lawful son, and executor-dative surrogate to him. Sum of Inventory Debts owing to him Summa of Inventory with debts Debts due by him Free gear To be divided into three parts, his part is Quota xx merks. Confirmed 30th June 1607. Sir William Seytoun of Kylismure, knight, is cautioner. — Vol. xiv. The Testament Dative and Inventory of the Goods pertaining to umquhile Elizabeth Seytoun, sometime spouse to Alexander Dunlop, Writer to the Signet, who died on the 18th May 161 2, faithfully made and given up by the said Alexander Dunlop, her spouse, as father and lawful administrator to John Dunlop, their lawful son and executor-dative decerned to his said mother. Sum of Inventory ...... vij°lxvjlil> xvj8 viijd- Among the debts owing to the deceased is one by Henry Seytoun, merchant burgess of Edinburgh, conform to two obligations, the sum of 1000 merks. Sum of Inventory with debts ..... jmix°iiijlib. Confirmed nth September 1612. James Dunlop of that ilk is cautioner. — Vol. xlvii. The Testament Dative and Inventory of the Goods pertaining to umquhile John Seytoun, 1 Doubtless the couple whose initials (I. S. and M. M.) and impaled coat appear on the oak bedstead at Mounie ; see p. 492 supra. jmjcxxxjub xiij8 4d. vmjcxxxjBb 133 4d. inj" vmj, jmlijlib. iiijmlxxixlib 1 3s 4d. jmiij°lixub 17s 8d- EDINBURGH REGISTER 899 master coalman furnisher to his Majesty, and indweller in the Cannongate, who died in March 1607, faithfully made and given up by Margaret Seytoun, lawful daughter to the defunct, and executrix-dative surrogate to him. Sum of Inventory ...... xllib. Debts owing to him ...... jmij°xviijlib. Sum of Inventory with debts ..... jmijclviijub. Confirmed 15th December 1612. Mark Seytoun, attirer, indweller in Edinburgh, is cautioner. — Vol. xlvii. The Testament Testamentar and Inventory of the Goods pertaining to umquhile John Seytoun, tailor burgess of Edinburgh, who died on the 24th March 1615, faithfully made and given up by himself, on 13th March 161 5, as concerning the nomination of executors, and by Janet Seytoun his lawful daughter, in so far as concerns the Inventory. Sum of the Inventory . . . . . . jc lib. Among the debts owing to him are — Item, by Mark Swinton, j°xijlib xiiij3. ; Item, by Seytoun of Northrig, xlib xij8 xd ; Item, by Seytoun of Touche j°xijlib ; Item, by John Seytoun xiijub xij8; Item by George Seytoun, xxxijlib vj8, etc. Sum of debts . . . . ¦ . . ijmj0lvlib x8 viijd. Sum of Inventory with debts ..... ij°lvlib x8 viijd. Among the debts due by him are — To Mr. James Seytoun of Falsyde, vj° merks ; to the same iiijxx lib ; To Mr. James Seytoun, lxlib ; To George Seytoun, servitor to James Maxwell, ;£i4 sterling. Sum of said debts ...... ijmvjclxxiijlib 168. So the debts exceed the goods by . . . iiij°xviijlib v3 iiijd. Quota nihil. The Latter Will is dated at Edinburgh, 13th March 1615, whereby he constitutes the said Janet Seytoun, his daughter, his executrix, and leaves his part of his free goods and gear to her, and ordains Margaret Halkey, his spouse, to have her liferent use of his said free goods ; and he ordains Mr. James Seytoun of Falsyde, John Gibson, and John Ros, writers in Edinburgh, conjunctly to be overseers for his said daughter. Confirmed 25th July 161 5. — Vol. xlviii. The Testament Dative and Inventory of the Goods pertaining to umquhile James Seytoun, indweller in Dalkeith, within the parish thereof and shire of Edinburgh, who died in Septem ber 1612, faithfully made and given up by Elspeth Calderwood, his relict spouse, in name and behalf of Elspeth, Margaret, Elizabeth, and Christian Seytouns, minors, lawful children to the defunct, and executors-dative decerned to him. Sum of Inventory ...... xxjhb viij8. Confirmed 27th June 1616. William Calderwood, bailie of Dalkeith, is cautioner. — Vol. xlix. The Testament Dative and Inventory of the Goods pertaining to umquhile Janet Seytoun, sometime spouse to Adam Gardin, merchant burgess of Edinburgh, who died on 20th July 161 2, faithfully made and given up by the said Adam Gardin, her spouse, as father and lawful administrator to Issobell and Katharine Gardin, minors, their lawful children, and executors-dative surrogate to their said mother. Sum of Inventory ...... iiijmviij°xxvijlib 188 4d. Among the debts owing to her is one by Henry Seytoun, burgess of Edinburgh, for ^514, 13s. 4d. Sum of debts ijmiiij°xxIib 138 4d vijmij°xlviijlib xj8 8d- iijmijclijub 8s. iijmix°lxxxxvjlib 3s 8d. jmujcxxxijBb i8 3d. Sum of Inventory with debts . Sum of debts due by her Amount of free gear To be divided into three parts, her* part is Quota is llib Confirmed 5th October 1616, Robert Saische, skipper in Leith, and William Gardin, baxter burgess of Edinburgh, are cautioners. — Vol. xlix. The Testament Dative and Inventory of the Goods pertaining to umquhile George Seytoun in Seytoun, in the parish of Tranent and constabulary of Haddington, the time of his death in December 1610, faithfully made and given up by Robert Seytoun in Seytoun, son lawful to the defunct, and executor-dative decerned to him. Sum of Inventory ...... lxijlib xiij8 iiijd. 900 TESTAMENTS IN Confirmed 4th June 1624. James Smith, servitor to the Earl of Winton, is cautioner.— Vol. Iii. The Testament Testamentar and Inventory of the Goods pertaining to umquhile John Seatoun, within the parish of Tranent and constabulary of Haddington, who died on 26th August 1618, faithfully made and given up by himself on the 23rd August 1618, and partly by Margaret Seatoun, his relict spouse. Sum of Inventory ...... ijcxlib- Among the debts owing to him is one by Robert Seytoun, his brother-in-law, of lxxiijub 138 4d resting of 200 merks, conform to contract of marriage. Among the debts due by him are— To James Seytoun, brother-german to George Seytoun in Northrig, 100 merks; to the Countess of Wintoun, for the ferme of the mill and mill land of , xvijj bolls malt, at vj8 boll, and three bolls wheat at x merks the boll, jcxxlib ; to Janet Seytoun, xiij merks. The Latter Will is dated at Seytoun, 23rd August 1618, whereby he constitutes Margaret Seytoun, his spouse, his only executrix, and also nominates her tutrix testamentar to his children during her widowhood, and in case of her marriage, he nominates Robert Seytoun, younger, in Tranent, tutor in her place, and recommends his wife and children to the Earl and Countess of Winton, to be governed by them. He leaves to Robert Seytoun, son to umquhile Henry Seytoun, xllib to help him to a craft. Robert Seytoun, brother-german to George Seytoun of Northrig, is a witness. Confirmed 4th February 1625. James Smith, servitor to the Earl of Winton, is cautioner. — Vol. liii. The Testament Dative and Inventory of the Goods pertaining to umquhile John Seytoun, skipper, indweller in Leith, who died in December 1624, faithfully made and given up by Margaret Gourlay, his relict spouse, in name and behalf of Robert and Margaret Seytoun, minors, lawful children and executors-dative to the defunct. Sum of Inventory ...... ijcllb. Confirmed 22nd March 1626. David Robesone, notary in Leith, is cautioner. — Vol. liii. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Dame Anna Fleming, sometime spouse to Sir John Seytoun of Barnis, knight, in the parish of and constabulary of Haddington, who died in Edinburgh in June 1625, faithfully made and given up by the said Sir John, her husband. Sum of Inventory ...... vmxxvijlib x8. Sum of debts owing to her ..... jmiiij°xiijlib 3s 4d. Sum of Inventory with debts ..... vjmiiij°xllib 138 4d. The Latter Will is dated at the Barns, ist May 1625, whereby she nominates her said husband her only executor. James Hamiltoune, brother to said Sir John Seytoun (sic), is a witness. Confirmed 17th June 1626. Mr. Robert Nairn, advocate, is cautioner. — Vol, liii. The Testament Dative and Inventory of the Goods pertaining to umquhile Helen Achesone, sometime spouse to Henry Seytoun, merchant burgess of Edinburgh, who died on 6th April 1625, faithfully made and given up by the said Henry Seytoun as father and lawful administrator to Patrick, John, Alexander, William, George, Janet, and Issobell Seytoun, minors, their lawful children and executors-dative surrogate to their said mother. Sum of Inventory ...... viij°xxub 138 4d- Among the debts due to her is one by George Seytoun of Northrig of ij° lib. Confirmed 14th July 1626. Andro Robesone, merchant burgess of Edinburgh, is cautioner. —Vol. liii. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Dame Margaret Montgomerie, Countess of Winton, relict of umquhile Robert, Earl of Wintoun, Lord Seytoun, in the parish of Tranent and constabulary of Haddington, who died on 9th April 1624, faithfully made and given up by herself, and partly by Dame Issobell Seytoun, Countess of Perth, her lawful daughter. Sum of Inventory ...... vjmvj°xlviijlib 138 4d. Among the debts due to her are— By Robert Seytoun, younger, in Tranent, Robert Seytoun, elder there, and others, tenants in the lordships of Seton and Tranent, viijmiiij°xxxvijhb xij8 viijd, etc, EDINBURGH REGISTER 901 Sum of debts due to her . . . . . xmj°xliiijlib 6B 4d. Sum of Inventory with debts ..... xvjmviijciijlib ix8 viijd. Among the debts due by her are — To Robert Seytoun, Master of Household, for his year's fee, v° merks ; to David Seytoun, servant, for his year's fee, xxxlib. Summa of said debts ...... ijmlvijlib vj8 vijd. Amount of free gear ...... xiiijmvij°xlvjlib 3s. No division. Quota is iiij0 lib. The Latter Will is dated at Seytoun, 8th April 1624, whereby she nominates Dame Issobell, Countess of Perth, her only daughter, to be her executrix. 'Item scho leaves Laidy Jeane Drumond dochter to the said Countess of Perth, to the governament and educatioun of the Countes of Perth, hir mother, hir darrest sones George Earle of Wintoun, and Alexander Erie of Eglingtoune ; and declaires that scho hes maid to the said laidy of the proffeit of hir awin moneyis and geir (and of the said Countes hir awin benevolence) the sowme of tuentie thrie thousand merkis, quhairof ten thousand merkis in the handis of the said George Erie of Wintoune fyve thousand merkis in the handis of the said Alexander, Erie of Eglintoune, fyve thousand merkis in the hands of the Laidie Bruchtoune, and thrie thousand merkis in the handis of Sir William Seytoune : Of the quhilkis sowmes there is ten thousand merkis quhilk perteines properlie to the said Laidy Jeane, and uther thretteine thousand merkis is of the gift and benevolence of the said Countes, and quhilk the said Countes leives to the said Laidy Jeane, and to the airis laufullie to be gottin of hir bodie, quhilkis failzeing, to the Countes of Perth her mother, executor foirsaid : Item the said Countes leives to the Erie of Eglintoune the fermis and dewties of the lands perteining heretablie to the said nobill erle of the Erledome of Eglintoune, and haill landis and teinds perteining therto, quhairof the said nobill lady had the lyfrent : Item, the said nobill lady leives in legacie to Thomas Seytoune hir sone, iijm merks : Item, to John Seytoune hir sone, ijm merks money : Item to Robert Seytoune brother-german to George Seytoune of Northerige, and Jonet Mongomrie his spous, vm merkis money : Item to Marioune Mongomrie jm merks,' etc. ' Item the said nobill Laidy Countes leives to the said George Erie of Winton, hir said sone, the haill hingingis silver warke and uther moveabillis within the place of Seytoune, quhilk was left be Robert Erie of Wintoune, hir husband, to his eldest sone, Robert Erie of Wintoune, in his testament ; and leives all the rest of hir guidis to the said Countes of Perth hir dochter.' Confirmed 27th July 1626. The said Thomas Seytoune, brother to the Erie of Wintoune, is cautioner. — Vol. liii. The Testament Dative and Inventory of the Goods pertaining to umquhile Dame Jean Seytoun, Lady Yester, sometime spouse to John, Lord Hay, of Yester, within the parish of and constabulary of Haddington, who died in August 162- ; faithfully made and given up by the said John, Lord Hay of Yester, as father and lawful administrator to John Hay, minor, their lawful son, and executor-dative surrogate to his said mother. Sum of Inventory ...... xjmvj°xxiijlib xjs viid Debts owing to her . . . . . . xxmxbb 68 8d. Sum of Inventory with debts . . . xxxjmvj°xxxiijlib 188 4d Sum of debts owing by her . xxxjmvjclxxxiijlib 6s 8d. So the debts exceed the goods by ... . xlixlib viij8 iiijd. Confirmed 19th January 1627. Robert Dicksone, servitor to Sir Jerome Lindsay, is cautioner. —Vol. liv. The Testament Dative and Inventory of the Goods pertaining to umquhile David Seatoune, writer, burgess of Edinburgh, who died in Wintoun in June 1632, x faithfully made and given up by Helen Brand, his relict spouse and executrix-dative surrogate to him. Among the debts due to him is one by Robert Seaton in Seaton, callit ' Reid Robert,' 100 merks. Sum of Inventory with debts ..... iiij°lxlib. Confirmed ist January 1634. Henry Adminstoune, flesher, burgess of Edinburgh, is cautioner. His monumental slab in Seton Church is engraved at p. 783 supra. 902 TESTAMENTS IN Eik to said Testament, dated 17th January 1643, whereby there was owing to the said David by George Seatton of Craigfod ij° merks as the half of iiij0 merks, and ten pounds as half of xxlib of penalty contained in his bond of date 9th June 16 18. — Vol. Ivi. The Testament Dative and Inventory of the Goods pertaining to umquhile Bessie Seattoun, sometime spouse to John Rind, merchant burgess of Edinburgh, the time of her death, on 27th March 1634, faithfully made and given up by her said husband as father and lawful administrator to James and Issobell Rind, minors, their lawful children and executors- dative surrogate to their said mother. Sum of Inventory ...... lxxmijclxxxxvjlib. Among the debts due to her are— By Alexander, Earl of Eglintoun, by bond iijmxxxviijbb ; by Charles, Earl of Dunfermline, by decreet of the Lords, xmij°lxxxvijlib ; by William Seattoun of Meldrum, by bond, iij°lxxxijlib x8; by Alexander Seatton of Dreddane, jcxiib . ^y Earl of Wintoun, vjmixclxxxxvlib xv8 iiijd ; by Henrie Seatton, xxxvijub xix8 ; by Issobell Seatton, xxiiijUb xiij8 viijd; by James Seatton, iijlib xviij3; by Robert Seatton, vj°xxxiijlib xiij8 vijd; by William Seatton, \xx}ub v8 iiijd; by Robert Seaton in Tranent, ij°xlviijlib iij8; by Sir Thomas Seytoun, jcUb; by Robert Seattoun elder, lxvjlib iij8 iiid; by the laird of Barnis, j°xxxijlib ; by Lord Seytoun, xlUb vij8 ; by Barbara Seatton, j°lxxviijlib x8 vjd ; by Helen Seatoun, xlvjub ij8 viijd, etc. Sum of debts due to her . . . . . viijxxxiijmv0xjub. Sum of Inventory with debts ..... xijXJtiijmviij°lvijlib. Among the debts due by her is — To Robert Seaton in Tranent, ijmvj°lxvjlib xiij8 iijd, etc. Sum of debts due by her ..... xijxxjmj°viijlib- Amount of free gear ...... ijmvij°xlixlib. To be divided into three parts, her part is . . ix°xvjub vj8 viijd Quota 34lib. Confirmed nth February 1635. Patrick Wood, merchant burgess of Edinburgh, is cautioner. —Vol. lvii. The Testament Dative and Inventory of the Goods pertaining to umquhile Helen Seattoun, sometime spouse to John Pook, merchant burgess of Edinburgh, and now indweller in Tranent, the time of her death, in December 1634, faithfully made and given up by her said husband, executor-dative surrogate to her. Sum of Inventory ...... jmliijlib vj8 viijd. Among the debts due to her are — By the Laird of Fasyd, xxiijlib xviij3 ; by Sir Thomas Seattoun, xliiijlib xvj3 ; by Robert Seatton, called ' Quhyt Robert Seatton,' in Fenton, iiijlib xij8 ; by William Seaton in Fenton place iiijlib xvj8 ; by Robert Seaton of Munkmylne, vijlib x8. Sum of said debts ...... vjcxxviijlib xiiij8 vjd. Sum of Inventory with debts Debts due by her So the debts exceed the goods Confirmed 18th February 1636. Alexander Hangitsyde. is cautioner. — Vol. lvii, jmvj°lxxxijub j8 ijd. . ijmj°xlviijub . iiijclxvlib xviij8 xd. skinner, burgess of Edinburgh, The Testament Dative and Inventory of the Goods pertaining to umquhile Sir William Seattoun of , indweller in Haddington, the time of his death, in July 1635, faithfully made and given up by William Seattoun, his eldest lawful son, and executor-dative surrogate to him. Sum of Inventory ...... vj°lxiiijlib vj8 viijd. No debts owing to him. Among the debts due by him is one to Sir John Seattoun of for the ferme of his land occupied by the defunct of jelib. Confirmed 6th August 1636. George Forrester, postmaster in Haddington, is cautioner. — Vol. lvii. The Testament Testamentar and Inventory of the Goods pertaining to umquhile David Seatoun, servitor to the Laird of Frendraught, indweller in Edinburgh, the time of his death, on 15th December 1637, faithfully made and partly given up by himself on 10th October 1637, and partly by Marie Cousland his relict spouse, in so far as concerns the Inventory. Sum of Inventory . , , , . ix° lib. EDINBURGH REGISTER 903 The Latter Will is dated at Edinburgh, ioth October 1637, whereby he nominates the said Marie Cousland his spouse his executrix, during her widowhood, and if she marry again, he leaves to her the annualrent of 3000 merks, and ordaines the rest of his goods, etc., to be used for the entertainment of Margaret Seattoun his daughter, and on her marriage, if it shall happen before that of her mother, she is to receive a portion of the insight and plenishing, with the whole silver work pertaining to the said David. He leaves to Anna Seatoun, his sister, v° merks, and the rest of the same to John and William Seytoun, his brothers, to be equally divided between them. Confirmed 24th March 1638. James Barnes, burgess of Edinburgh, is cautioner. — Vol. lviii. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Sir John Seatton of St. Germains, knight, in the parish of Tranent and constabulary of Haddington, the time of his death in July 1638, faithfully made and given up, partly by himself on 4th July 1638, and partly by Margaret Kellie, his relict spouse. Amount of free gear ...... v°xxxiijlib. Latter Will is dated at Edinburgh 4th July 1638, whereby he constitutes Dame Margaret Kellie, his spouse, his only executrix, and tutrix to his children. Robert Seaton of Monkmylne is a witness. Confirmed 6th March 1640. Patrick Robertson, merchant burgess of Edin burgh, is cautioner. — Vol. (?). The Testament Dative and Inventory of the Goods pertaining to umquhile George Seaton in Langnidry, in the parish of Tranent and constabulary of Haddington, the time of his death, in December 1642, faithfully made and given up by Jean Dishingtoun, relict of the said George, in name and behalf of Robert Seaton, minor, his lawful son and executor-dative decerned to him. Sum of Inventory ...... iiijmiiij°lxxxlib xiij8 iiijd- Among the debts due to him is one by his said son Robert of ij°xxxiijUb vj8 iijd. Among the debts due by him is one to the Earl of Winton, master of the ground, for the ferm and duty of 21 bolls wheat sown on the lands of Langnidry, amounting to j° llib. Confirmed 28th May 1645. James Dishingtoun is cautioner. — Vol. lxi. The Testament Testamentar and Inventory of the Goods pertaining to umquhile Sir Alexander Seattoune, sometime one of the Senators of the College of Justice, who died in September 1645, faithfully made and given up, partly by himself on 6th September 1645, and partly by Issobell Seattoune, his lawful daughter. Sum of Inventory ...... j°lxxixlib viij8. Among the debts owing to him is one by Alexander Seattoune, his eldest lawful son, of 1000 merks. Sum of Inventory with debts ..... xmiiij°xxvjlib- By his Latter Will he nominates the said Issobell Seattoune, his daughter, his only executrix and intromitrix with all his goods, which he leaves to her exclusively. Dated at Edinburgh 6th September 1645. Confirmed ist January 1646. Mr. James Lawtie, advocate, is cautioner. — Vol. lxi. The Testament Dative and Inventory of the Goods, etc., pertaining to umquhile Lady Jean Seattoun, daughter lawful to the deceased George, Earl of Wintoune, who died in 160-, faith fully made and given up by George Jaffray, merchant burgess of Edinburgh, and Alexander Andersone, also merchant burgess there, only executors-dative decerned to her. No Inventory. The debt due to her is by the heirs and executors of the said deceased George, Earl of Wintoun, the sum of £1 240 Scots, as a part of a greater sum due by him to her. No division. Confirmed 17th June 1661. Thomas George, merchant burgess of Edinburgh, and William Anderson, merchant burgess there, are cautioners. — Vol. lxx. The Testament Dative and Inventory of the Goods, etc., pertaining to umquhile Sir George Seattoun of Haills, knight, who died 160-, faithfully made and given up by John Ross, writer in Edinburgh, only executor-dative decerned as creditor to him. Sum of Inventory ...... iij°lxxiijub yj8 viijd. Among the debts due to him are — By the Earl of Wintoun and Lord Kingstone the 904 TESTAMENTS IN um of xijm merks, conform to their bond ; by King Charles the Second, conform to his bond, xviijm merks; 'The said defunct had in his dwelling house the tyme of his. said decease ane great four corned cabennat full of wryts wherein also were the foirsaids bands and quhilk wes seilled arreisted and secured be the toune of Edinburgh for the use of the said John Ross by ordor of the judges, yit notwithstanding thairof intromitted with be the relict of the said umquhile Sir George and Francis Kinloch, merchant burgess of Edinburgh, pretendit donators, estimat to the sum of xm merks.' Sum of said debts ...... xxvij mvj clxvj lib 1 3s 4d. Sum of Inventory with debts ..... xxvijmxllib. No division. Confirmed 3rd July 1661. William Naper, tailor in Edinburgh, is cautioner. — Vol. lxx. The Testament Dative and Inventory of the Goods, etc., pertaining to umquhile Sir Robert Seatoun of Windegoull, who died in November 167 1 ; faithfully made and given up by Anna, Countess of Traquair, Issobell, Lady Semple, and Lady Marie Seatoun, sisters- german to the defunct and only executors-dative decerned to him. Debts owing to him ; intromitted with by Sir John Seatoune of Gareltoune, goods and money to the value of vm lib. Sum of said debts ...... lxijmviij°xlib. No division. Confirmed 7th April 1673. Captain Francis Wauchop, brother to the Laird of Niddrie, is cautioner. — Vol. lxxiv. The Testament Dative and Inventory of the Goods, etc., of umquhile Charles, Earl of Dunfermling, who died 167-, faithfully made and given up by Arthur Robertson, servitor to Alexander, now Earl of Dunfermling, and only executor-dative surrogate to him. Sum of debts owing to him ..... jmvj°xlvijlib 123- To be divided in two parts, his part is . . . . viij°xxiijIib 168. Quota 32lib. Confirmed 29th January 1675. Thomas Ker, writer in Edinburgh, is cautioner. — Vol. lxxv. The Testament Dative and Inventory of the Goods, etc., pertaining to umquhile Lady Marie Montgomery, Countess of Wintoun, the time of her decease, who died in 1677, faith fully made and given up by Marie Cairncross, relict of John Rimor, tailor in the Canongate, and others, only executors-dative decerned as creditors to her. Sum of Inventory ...... v°lxxjub iij3. Confirmed 18th June 1678. Mr. William Pittindreich, writer in Edinburgh, is cautioner. — Vol. lxxvi. The Testament Dative and Inventory of the Goods, etc., of umquhile Alexander, Earl of Dunfermling, who died in 166- ; faithfully made and given up by Robert Hamilton of Presmennan (designed in a bond therein narrated ' of Beill '), only executor-dative decerned as creditor to the said defunct. The said Alexander, E. of Dunfermling, had pertaining and owing to him at the (said) time of his death, by Alexander, E. of Callendar, as due by him by virtue of the process, and on the event thereof depending against him at the instance of the said E. of Dunfermling for the moveables taken out of the house of Pinkie, pertaining to the late Countess of Dun fermling, the defunct's grandmother, and for the bygone rents and duties of the half of the conquest acquired by umquhile James, Earl of Callendar, uncle to the said Alexander, now Earl of Callendar, during the lifetime of the said late Countess of Dunfermling, spouse to the said James, Earl of Callendar, or of the worth and value of the moveable goods, etc., in and about the houses of Dalgatie and Fyvie, or either of them, or out of the plate, Jewells, etc., which pertained to the deceased Earl of Dunfermling in his cabinet, within his lodging in the Canongate, or other places, and particularly of what interest he has had in the Royal Society of Fishing ; and what sums the said deceased Earl of Dunfermling paid to James Fleming, late bailie of Edinburgh, of the debts due by Lord Kingston, etc. Sum of debts owing to him . . , . . vjm Ub. Amount of free gear ...... viij°xxxvj,ib xiij8 iiijd Confirmed 13th February 1679. James Hamilton, merchant burgess of Edinburgh, is cautioner. — Vol. lxxvi. ST. ANDREWS REGISTER 905 The Testament Dative and Inventory of the Goods, etc., pertaining to umquhile George, Earl of Wintoun, Lord Seattoun and Tranent, who died in 1704; faithfully made and given up by Mr. William Colt of Garturk, Dame Elizabeth Syme, relict of Sir Robert Colt, advocate, and William Robertson, one of the under-clerks of Session, only executors-dative decerned as creditors to the said Earl. Sum of the Inventory ...... viijm ub. Sum of debts owing to him ..... viijm Ub. Sum of Inventory with debts ..... xvjm ub. Confirmed 5th March 1706. Mr. Adam Colt, advocate, is cautioner. — Vol. lxxxii. Notes of Search in Commissariat of St. Andrews. The Inventory and Testament Dative of the Goods, etc., of umquhile Catharine Wilsoun, spouse to David Seattoun, elder, merchant burgess of Bruntisland, in the parish thereof and shire of Fife, who died intestate in the month of July 1620; faithfully made and given up by John and James Seatoun for themselves, and in name of Andro Seattoun, their brother, a!' lawful sons and executors-dative decerned to the defunct. Among the debts due to her is one by David Seattoun, her lawful son, oi £12^, 10s. 4d. Sum of Inventory with debts ..... ^4415, 10s. Confirmed 13th December 1620. John Harrower, burgess of Bruntisland, is cautionei. — Vol. vii. The Testament Testamentar and Inventory of the Goods, etc., of the deceased John Seattoun in Stramiglo, in the parish thereof and shire of Fife, who died in the month of April 1654. Given up by himself at Stramiglo, 26th April 1654. Inventory and debts ..... . (sic) In his Latter Will he leaves to Robert Thomson, wobster in Stramiglo, his sister's son, to be paid at the decease of Margaret Rankine, spouse to the said deceased John, ^100, and nominates the said Margaret his sole executrix. Dated as above. Confirmed nth October 1654. Henry Bontavron, burgess of Falkland, is cautioner. — Vol. xi. The Testament Dative and Inventory of the Goods, etc., of umquhile Isobell Lindesay, spouse to Alexander Seatoun, lawful son to George Seatoun of Carestoun, the time of her decease, who died ; faithfully made and given up by David Lindesay of Pitscandlie, brother's son and executor-dative decerned to her. Inventory and debts ...... ^1086, 13s. 4d. Confirmed ist November 1682. William Nicolson, writer in Forfar, is cautioner. — Vol. xiv. The Testament Dative and Inventory of the Goods, etc., of umquhile Captain Michael Seatton, late bailie of Bruntisland, in parish thereof and shire of Fife, the time of his decease, who died in November 1691, faithfully made and given up by Elspeth Wilson, relict of the said Captain, and executrix-dative decerned to him. Confirmed 7th May 1692. John Cowan, Baxter in Bruntisland, is cautioner. — Vol. xv. 5 Y 906 LETTER TO POPE GREGORY XIII VII. LETTERS ANT of space prevents me from including many curious letters pertaining to the main line, as well as to the cadets, of the House of Seton ; and accordingly only a few are here given, of which several relate to the Cariston branch of the family. As already stated (pp. 676-7 supra), a very interesting series of Seton letters is embraced in Sir William Fraser's Memorials of the Montgomeries, Earls of Eglinton, and extracts from others will be found in the Tenth Report of the Historical MSS. Com mission, p. 42 et seq. A few copies of the facsimiles of the signatures of the writers are given on the opposite page. The following letter (of which the original was probably in Latin) was written to Pope Gregory xiii. by George, seventh Lord Seton, about nine months before his death : — 'To our Most Holy Lord,— I need not explain to your Holiness the part which I have taken in defending the Catholic religion, and the authority of the Supreme Pontiff, for I would rather leave this to others. Having been sent hither by my most serene master, the King of Scots, to implore the aid of the most Christian King in our dreadful emergencies, I could not do otherwise than write to your Holiness some account of the state of our affairs. Briefly, after the ministers had succeeded in sending the Duke of Lennox away from Scotland, the King was so offended that he would hold no communication with them, though previously he had always acted in accordance with their advice. They took offence in turn, and set on foot a violent insurrectionary movement against his authority, partly by means of the agents of the Queen of England, and partly through their own rebel leaders. Being reduced to extremity, he has implored the aid of the most Christian King, and more particularly that of his relative the Duke of Guise, a proceeding which has raised the hopes of Catholics to the highest point. So favourable an opportunity never occurred before, and could not have been expected or looked for ; and it is doubly important that it should not be lost. The King has so high an opinion of the Duke of Guise that we are in hopes he will be guided in everything by his advice. Indeed, he has not only written as much to the Duke, but has charged me with a message to the same effect. Our hope is that your Holiness will both animate and encourage the Duke to make some effort in the cause of religion, and also give him sub stantial assistance. God Himself, beyond all our hopes, seems to have provided your Holiness with this opportunity of extending religion and of obtaining never-ending glory. The King's age, his perilous and critical position, the unbridled insolence of the ministers, are all circumstances in our favour. But it is of the utmost importance to lose no time, or the chance will pass away. The Queen of England is straining every nerve to crush the King of Scots by a rebellion in his own country, and, if successful, she will suppress the Catholic religion altogether. The Duke of Guise, to whom I have transmitted the King of Scotland's letter for your Holiness, will doubtless explain matters in detail. But I would implore your Holiness not to let the existence of these communications be known to any one, for this would, at the present juncture, place the King in the most extreme difficulty. At a later period we hope, by the aid of your Holiness, that he will be free to declare himself openly a son of your Beatitude. At present he is so situated, and so completely in the power of his enemies, that he is scarcely at liberty to do anything whatever ; from this con dition it is for your Beatitude to rescue him. God preserve you long to his Church. — Your Holiness's most humble servant, Seton. 'Paris, March 14th, 1584.'1 1 Theiner, Annates Eulesiastici, iii. 598. The letter i printed in Forbes-Leith's Narratives of Scottish Catholics, p. 1 86, LETTER TO KING JAMES VI 907 Alexander, sixth Earl of Eglinton ('GreysteeP). Second Countess of third Earl of Winton Daughter of third Earl of Winton and wife of William, seventh Earl Marischal. Susanna Kennedy, Countess of Eglinton. Letter to the King from Chancellor Seton.1 (Advocates' Library, 33. 1. 1, vol. ii.) ' Maist Sacret Soverane, — Schortlie befoir the entrie to our Parliament I resaved fra my Lord of Scoone your Sacred Majestie's gracious Letter in a pairt testifeing baith your Hienes good rememberance off my foirbears good service, and your favourable and benigne acceptatioun of my awin goodwill and endewore to employe sic qualiteis and giftes as God hes bestowed on me at your Hienes devotioun and command with greater accompt thairoff 1 This letter is briefly referred to at p. 81 of my Memoir of the Chancellor. 908 LETTER TO KING JAMES VI nor ewer I can be hable to deserve and in a pairt remembering me off my dewtie in all respects and degreis. 'As the first binds me in all dewtie to thankfull and cairfull service to sa thankfull gracious and sa kyndlie a Soverane Swa does the Secund remember me the weyht and im portance of the burding I onderly in sa honorable a charge to ane sa wyse grave and weell beand Prence wha examines and weyis all his subjects and speciallie his officiars actiounis, baith in favour wisdome equitie and justice. I protest befoir God, that nixt to that dewtie I aught to God for my saull and haill being your Sacred Majestie's honour will and weall is and shall ewer be my first intentioun and principall butt of all my actiounes whairto my haill industrie and studie shall be directed in all sinceritie and ernestnes. ' I will not be curious to purge me off all imputatiouns whilk naa man in sic charges and sic distance of plaices fra thair maisters sight can eschew. I repose haillie on your Hienes cleir perspicacitie heiche judgement and constant zeal to justice, whilk I am certane will newer condamne me in the smallest enclein of your mynd onhard and tryed, and in good tryall I am eiwer certane to preiwe my actiounes conform to your maist gracious Hienes directiounes, to your will, plesour and devotioun ; ffor that has ewer bene, and swa God willing sail continew my Cynosura and Leidar Starne to follow and obey in all humilitie your prencelie wisdome in all deliberatiounes and conclusiounes. ' I doubt not bot the progress and success of all affairis in the Parliament was signifeyed unto your Sacred Majestie att all tymes and occasiounes be my Lord of Balmerinoch Secretair. In the midst of the Parliament we celebrat very solemlie the 5 day of August the day of your Hienes blissed deliverie from Gowreis treasonable conspiracie, in the whilk Mr. Patrick Galloway maid the Sermone in the Heiche Kirk werie weell to the purpose, and discharged his dewtie to your Majestie werie honestlie; geving to the haill auditorie cleir evidentis off the cair God had off your Hienes preservatioun for the speciall weell off the haill natioun, off your Majesteis innocencie and good meaning, off the treacherous intentiouns and behaviour of the conspiratouris whilk God turned all miraculouslie to thair confusioun, and to your Majesteis (as his chosen serwante) weill honour and advancement, for his text was the 121 Psalme, whilk he applyed werie purpoislie to this intent. This maist humblie taking my leive, with ernest prayer to the Almichtie for your Hienes lang and happie reigne. — Restis Yr Sacred Maiesties maist humbil and obedient Subiect and Servitour, ' dunfermelyn. ' Dunfermljne, 21 August 1607.' Endorsed — 'Chancellour to His Majestie.' Letter to the King from William Seton, Provost of Haddington. (Advocates' Library, 33. 1. 1, vol. ii.) ' May it pleiss Your most gratious Majestie, Si accussasse sufficiat, as saithe Tacitus, quis Innocens, zit is delatioun and suspitioun farre inferiour thairto thocht all wayke in convictioun without confessioun, preuffe or euther tryall — schall I presume, in my baisse, abiect, and contemtible estaite to makke rakkening off my intentioun and aernest devotioun ever posessit to your Heiness service, thocht without all habilite to performe anye offise worthe off the Samine : or sail I be baulde to remember your Heiness moste sweitte and bontefull speytches quhairwith (be3onte all desert) I was gracete at my returne from the Lawer House and geiven me for my last gude- nicht be 30ur Majestie my onlye contentment, and entertenment off my houpes ever sence : or schall I thinke ane symple and inteire hairte, tawarts God and 30ur Sacret Majestie lyffe and conversatioun to the uttermaist off my powar (with modeste be it saide) onreprovable, with preceise obedience in all respectis geiwene to all lawes constitutiouns and dissipline civill politique and ecclesiasticall that aither anye ane or all togeither soulde to ane honest mynde be sufficient gairde from delatiouns and naiket suspitioun. Or with the poet schall I saye hie murus aasneus esto nil conscire mali, nulla pallescere culpa. Latte the waille of 30ur Heiness moste gratious favour couver my bauldeness and pardoune my presumptioun, TO 'THE LAIRDE OF PANMURE' 909 sence tuitchit in poynte of credit I am forcet to speike as ane honest manne. This thretteine geires my residens hes bein in this poure brouche, beiring maiste pairte the principall charge of magistratschippe, under 30ur Heiness, and my Lord Dukke of Lenox, alsweill in the Schyre as toune, and am raeddy without exceptioun off anye quhatsoever calling, estaite, or pro- fessioun, publique, prevatt or ecclesiastique, thaie be off within the Schyre or toune, to abyde thaire accusatioun, censure or tryall for my wourdis actiouns or behaviour, nocht onlye in the heest kynde off offence by proffessioun off contraire opinioun bot eiven for the offer off the leiste obiect off sklander, nocht refusing for the meinest offence the graettest punischement. Intraetting moste humble 30ur sacret Majestie (nochtwithstanding the meiness off my estaite) to be persuadit off all punishement able to be devysitt against me, the heiest to haiff beine ayemitt att daethe nocht being in anye sorte comparable thairto It being the payement off natures dept Bot to be spoyllit off our Princes favour, or to committ that quhilk maye procure the samine, as in naether is anye necessite, sua hes the haille stokke I haiffe the honnour to be ane poure brainsche off this sax hundreth 3eires paste, ever thocht the paye ment off that dept sweitte at all occasiouns, sua be the samine thaie micht entertaine thaire Soveraines favour and bring the posterite ane memorie off vertu. ' This in all humilite and devotioun imploring the Kingue off all Kingues to grante 30ur Heiness in all honour and prosperite langue and happe lyfe to raingne auuer ws. — Restes yor heiness maste humble subiect and seruitor, <^sl^4fcrWi ' Hadingtoun, this 13 October 1608.' Endorsed — ' To the King his most excellent Majestie.' And in another hand — ' Sir Williame Seytoun to his Majestie.' The seal bears the initials of the writer — ' W. S.' The following letter from George, third Earl of Winton, was found by the late Mr. Andrew Jervise at Panmure Castle in 1875. It evidently relates to an important 'Petitioune' pre sented to the King by the writer's brother, the precise object of which, however, cannot be ascertained from the statement which it contains. The letter is addressed, ' To my verry honnorable and loving freind The Lairde of Panmure, one of his Most sacred Matie'8 bedd- chalmer. These.' ' Honorable and Loving ffREiND, — By occassioune of oure Lord Thesaurar his retorne I find his Matie wold tak no notice of the petitioune formerlie presented be my Lord my brother, 3et hes benne weall pleasit (not onlie) to grant most greitiouslie what micht be craved for me, bot also particularly to recommend to the Lord Thesaurar that at his retorne heir he schould againe renew the rememberence of that bussines bak to his Matie wtche his Lop. hes doone at lenthe heirw' as lykwayes to Mr. Maxwell quha wes pfit at his MateiB first conferrence and promeis, and to quhome the Lord Thesaurar at his pairting did parlie recomend the cariage of that bussines for my better furtherance. Whairfore my pfit desyre is onlie that as I have at lenthe wreatten to Mr. Maxwell myself, so I intreat gif the Lord Deputie be to tak his leive schortlie or vtherwayes as 3e may find it necessr 3c be weall pleasit to assist and concure w* Mr. Maxwell that this sex thousand aiker of land desyret be the Lord The™ and grauntit be his Matie for my behooff may be fullie obtenit and y* wtohe I assuredlie expect vpone more easier and better conditionnes then the ordiner generalie pre served wtcbe vtherwayes may prove rather hurtfull then proffitable to any of my conditioun or qualetie to follow. I had intentioun to send vp one of my owin to haue followed the sam w* gour favorable concurrence, bot fearing the Lord Deputie micht be gone befoir I could haue one yr I maid choyse rather vpone the suddaine to put 30W my freindes thair to this truble wisching to be acqueintit w* the first occasionne of the Lord Deputie's dyet and of the generall course of these affaires and q* goodlie I may expect for my p* of the same. Re ferring all I could say forder hereannent to 30ur spell, caire of what may so mutche concerne 910 QUAINT EPISTLE FROM MADRAS me at our Maisters handes bothe in credeit and esteat, wtche I houp 3e sail find to be remem- beret w* all thankfulness on ye p* off, your most faithfull ffreind and Servand, 1 Wintoun. Cannogait, 19 Novemb. 1636. ' Gif 3e find necess1 1 send one frome this vpone 30ur adverteisment I schall observe 30ur ordour w* all caire and diligence.' I have failed to identify Francis Seaton, the writer of the following extraordinary letter, in the possession of General John Hay (son of Charles Crosland Hay, of the family of Hopes), which is believed to have been addressed to one of the General's predecessors. ' Madrass, Jan? the 4 day 1697. 'Esteemed SR, — I received yor kinde Letter from Edinburgh dated the 7 day Jany 1697 (sic). Sr you may believe that it was great Joy to mee to hear from Soe Worthie a gentleman & my ould acquaintance, and since you have been soe kinde as to honor mee with yors I am in honor bound to answer soe worthie a friend. You write mee neues y* you are maried which I am very glad to hear : but I understand yor Lady is Ded which I am heartyly sorey to heare that soe sweete and comfordable a cuple should be parted ; but since it hes pleased God to take her to his self you must rest contented, for it was once my own case. Dear Cumrade, I must put you in minde of an ould saying y* ye world saies that ' a ded wife and a thousand pounds in a house is two good moveables ' : The Ded wife to put five foot in ye ground, and the thousand pounds in yor pocket will give good incoragement to looke out sharp for another pritty Lady. You writ mee all the news of the wares (wars ?) for which I humbly thank you. You likewies tell mee y* ye believe that the day of Judgment is very nighe. I would aduise you and all the Rest of my ould friends y* is afrade of that day to cum ouer to mee, for wee neuer soe much as think of any such thing heare, for wee are in a verey frutfull & pleasant cuntery and Drinks our Boule of good Goe Arrack punsh and all other injoyements wee want none. Now as for my owne parte noe man cann be hapery then I am, for I want for nothing y* this world afordes, for I am mareyed the second time : Neuer was man more hapery yn I am in both wifes. I had by my first wife fower children, two boys and a girll is Ded, and my Daughter Ann whoe is alive. Shee is in England at hording Scoule under the care of Cap' Wm Heath whoe lives at Miles End by London. Cumrad, I will Desire the favor of you if you goe to London to goe and see my child, and I shall take it very kindly from you. I have by ye present wife two children alive and she now is with childe of the third. The greatest news I cann write you y* there is a fortt within three days march of ys place called " Guggee " which hess indewered a Sige dewering tenn years past, and it is now taken by ye great Mogull Ozembseb his Armey. The fift of ye instant Jany 1697 there came a Shipp into y8 porte which tells us Shee was taken by ye Peiratts, coming from Chaparro ; the ship belonged to the Jaues (?) and Chaeineis being Lodened with Rice and bailie goods : they have given this Vessell to one of or conteryman whose name is Walleck home (whom ?) they had taken before : hee alsoe tells Us that ye Peiratt ye " Moke " ffriget by name is gon to Achend, where wee belive Shee will Ly & wate for or Chaney ships whearin I am Deeply Conseerned — the most what I am worth is there. In the Reading of my Brothers Letter hee tells mee y* you are now maried again to the second Lady: my wife gives her Love and seruis to youer Lady and good self with mine. I prey give my seruis to all ffriends and to my Brother Lawther and Mr David fforest whome I am much obleiged tow. I am yor afection. Cumrade and humble Servant, ' Francis Seatoun.' The following (in a somewhat different tone) was transcribed, 24th April 1845, from a copy of the original letter in the possession of Mrs. Balderstone, sister of Sir Dugald Gilmour (of the family of Craigmillar), then residing in Maitland Street, Edinburgh. The letter is endorsed ' A double of ye letter by Sir John Clerk of Pennycook to his lady and children sometime before his death, 17 18. He died in March 1722.' It extends to six pages, and the following is written at the top of page first :— ' A double of ye letter by Sir John LETTER FROM SIR JOHN CLERK 911 Clerk of Pennycook to his wife and children, ioth of January 1696, at Newbiging — revised and written over again 2nd January 17 14 and (again) revised and adhered to by him.' ' To my dearly beloved wife Christian Kirkpatrick (sic), my well beloved son John Clerk,1 and my dear children, Elizabeth, Henry, Barbara, William, Sophia, Mary, James, Cathrine, Christian,2 Robert, Margret, David, Hugh, and Alexander Clerks. ' Fearing I might be surprised with death and hurried into Eternity (as many are), and loose the opportunity of putting my house in order and acquainting you with some things which concerns your comfortable living together in the fear of the Lord, I have, in waknes and as ye Lord gave me Streanth, laid hold on his Covenant, and resigning all my earthly con cerns and worldly substance to him most chearfully, I have reserved for myself the hope of Salvation and of that inheritance which is incorruptible, undefiled, and that fadeth not away. I have by my testament and by my bonds of provisione in favours of my younger children made my Will known as to the most equall division of that estate which the Lord was pleased to bestow upun me, and as he directed and assisted me to distribute the same and I have choisen this occasion of giving my counsell and last advise to all of you, that when I come to dye, I may have nothing to doe but to dye, and O that I may be helped thro' grace to live and dye in the Lord. Be thankfull and content with what ye Lord hath provided for you, and studie godliness which with contentment is great gain. Bear one another's burden in ye Lord. Your Mother-in-law as she has been most dutifull and affectionate to me, so has she always, according to her power, promotted your interest and studied your comfort, and that of all my children. I intreat you, therefore, my dear Sone John, to be a kind oblidging Sone to her, a loving brother and an affectionate father to our children. I am very confident you will doe this according to your power and their deservings, and therefor shall suppress all arguments that might excite you to the performance of that dutie towards them all, which I am persuaded you will do most cheerfully of your own accord in the streanth of ye Lord. By concord small things come to ane good account, therefore I advise you to live together if posable, for this will contribute to your honour and interest, and because sometimes differences do arise amongst [those] that have the root of ye matter in them, and are sincere belivers ; therefore I requier and command you in ye Lord that in case any such differences should happen among you to end ye same by a friendly reference thereof to a newtrall person and not to go to Law. (Cor: ist, 6 chapr 1 verse — ). ' The day ere long will break and ye shadows will fly away, and ye morning of ye resurection will appear. O that you may studie them and make it your chief bussinness to get ane interest in ye first resurection, that when Christ that is our life shall appear, you may also appear with him in glory; and in order to this I know nothing more suitable and necessarie for you than to be making a sure, a saving interest in God, and ye everlasting covenant thro' Jesus Christ, before the time when you shall come to walk through the valey of ye shadow of death, that you may fear no ill, and may have an undauted right to all ye great and precious promises thro' Christ, and be enabled to answere all challanges arising from temptations, afflictions, or desertions, and may plead confidently with ye Lord for ye performance of all his promises. I earnestly request you all, in ye strenth of ye Lord, to make a personall covenant with ye Lord speedily and yet deliberatly, sincerely, and expressly in Wryte, and that you sign it with your heart and hand, for herein consists the very direct formall act of justifying faith. For your direction in this duty you may consult with what those learn'd and godly men, Masters Guthrie, Wedderburn, Allen Dickson, Clerk, etc. etc., have writen on that subject, and for your encouragement I must tell you that since that day (which was in ye year 1683), I was directed by ye Lord to set about that solemn duty, I have (as I think) thriven and prosper'd more both as to my soul and body than ever I did before that time. I found no small advantage also by my keeping a spiritual journall wherein I wrote down dayly my experiances and practises, with ye divine providences that occur'd. I advise you to try and sett about this duty more diligently than ever I did, for this will give you a nice and criticall view of all the various steps and degrees of God's methods of grace to your souls, and will acquaint you with the wickednes and deceatfulness of your own hearts, and with Satan's 1 Second Baronet, and author of the interesting 2 Wife of David Seton of the family of Cariston, Diary referred to at p. 592, note I. p. 592. 912 LETTER FROM SIR JOHN CLERK deseits and his manner of managing his tentations ; this will discover to you what progress you make in Salification, and whether your stock of grace be on the growing or decaying hand, and this, thro' the blising of ye Lord, will be your remembrance many ways in many things to the great advantage and satisfaction both of yourselves and others. Neglect not, I pray you, for Lord's sake, to set up the worship of God in your familes, that he may have a visible throne erected in every one of your houses ; but above all prepare a habitation for him in your hearts, for he is your God and your Father's God. Keep up comunion with him by secret prayer and meditation, by ye dilligent observance of all his ordinances and practise of all commanded duties, walking always in his presence, and aspiring ever into perfectione thro' ye spirit of ye Lord. Be kindly affectionate one to another, with brotherly love, in honour preferring one another, not slothfull in business, fervent in spirit, serving the Lord. Beware 01 entering rashly into familiarity and intimate friendship with any persons. Let those be your chief Comarads whom you may have ground to believe will be your companiones in heav'n. Look never upon any person as worthie of your intimate love and respect with whom you may not carrie on a heav'nly correspondance and fellowship in time, by prayer and divine con ferences. Acquaint yourselves much with the scriptures and take the help of ye best commentaries thereon, which you can purchis, for those are the glasses wherein you can best see the mercy and goodness of God in Christ, your own vileness and the absolute need you have of a mediator and redeemer and Phisitson. Look upon religion as the highest improve ment of ye humane nature and the best guide of humane life. I judge presbeterian government to be agreeable to the word of God, and commanded by our Lord and master, and that Episcopacy hath ever been a grevious plague to this nation, and followed with visible marks of God's displeasure. I earnestly then recommend to your love and respect all the faithfull ministers of our Lord and Saviour Jesus Christ, and would have you studie all opportunities of serving and oblidging them in the Lord, espacialy of receaving the gospell of your salvation kindly from their mouths. O that the Lord may let you know the infinate advantage of being the objects of his love and the subjects of ye prayers of his saints and people ; I earnestly beg it of you, and if I have any (wight at you ?) I command that my burial and interement, when the Lord shall determine it, be according to a particular memoir which is in my closet, written and sign'd by me, so far at least as is possible in every point. I have heard many wise persons cry out against the vanities and extravagance committed at burialls, and yet good people many times being led by the stream of the fashion and to prevent reproaches, have been forced to run into those extravagances at the interment of their deasesed friends, and all because they left no particular order in wryte themselves anent their interment, which seeing, I tor my part have studied to obviate ; I hope you will take care to please me in this. As for my spirituall journall carried on by me from the year 1683 to this day, and my written personal covenant with my Lord and my God in Christ, with some excerpts out of ye Scripture, I leave them to your perusall and then to be burned when you shall think fit. Finally I exhort you all that you sorrow not for me, as those who have no hope of a glorious resurection, for tho' I change my place I change not, I trust, my master, but go to my God and your God, to my father and your father, the author of my life, and the life and love of my soul. Within a litle space I hope we '11 meet again together in glory, and joyn for ever with angels above and the spirits of just men made perfect, in the shewing furth the praises of our Lord, ye Prince of the Kings of the earth, who loved us and washed us from our sins in his own blood, and has made us Kings and Priests unto God ; who has called us from death to Life, and made us partakers of his divine nature and sharers of his eternall happiness. Ferewell, be perfect, be of good comfort, for our glorious redeemer and blessed Saviour is gone up with a shout into heaven, and shall come again with the sound of a trumpet. Sing praises to God, sing praises ; sing praises to our King, sing praises. Be of one mind. Live in peace, and the God of love and peace shall be with you. Now unto him that is able to keep you from falling, and to present you faultless before the presence of his glory with exceeding joy, to the only wise God and our Saviour, be glory and majestie, Dominion and Power, for ever, Amen.— I am, my dearly beloved, yours in the Lord, John Clerk.' The following epistle, which is addressed to 'Mr Jno Baird, Mercht in Leith,' and docqueted on the back 'Crister. (Christopher) Seton, Leven, 18th Jan? 1732,' is in the LETTER FROM PARIS 913 possession of the Rev. A. T. Grant of St. Margaret's Rectory, Leven, and evidently relates to something approaching to smuggling transactions : — 'Fridy, 12 acklock. ' DR Sir, — Y Recieved yours and am mighty glade things are yet in such a good way, altho att the same time its more By good Luck then by the Governement of your captain. Y shall take care of Your affairs Recomended to me here as it were my owen. Y am not fully satisfyd with the way your Goods are Lodged just now, for there is too much att Abberdower to be Lodged in one House, likeways att Dinibirscell. My oppinion is you send a trusty hand and cawse Lodge it in twos and threes att Both Places, and the proper person for finding out the Places is the men that has the present Care of them. The Nighbouring gentlemens Houses is the Propper Places, and if Posible some in Lord Murray's and some in Lord Abber- dowers cellars. What is att Kinghorne is better, but not yntirely Safe. Yf you could make a stepp over, Y am Persweded that Mr Brand & Mr. Bailie, Each might Buy a Hhd, and might Lodge one or two more. This I think worth your while. Yn the mean time Y would cawse enter Haxtons wine, and transpert it Directly to your cellurs att Musleburgh, and a few days after Y would venture a Boat full over of whats up the water. — Y am sincerely, Sir, your most Hu11 Ser*, C. Seton. ' P.S. — You may come in a yoall and Doe your Business att Kinghorn and be Back att Leith in 3 hours, but be sure to bring Jn° Boid along with yow.' The following curious letter, referred to under Garleton, is in the possession of Mr. Robert-Mordaunt Hay of Duns Castle, whose nephew, William-Hope Hay, is the heir of line of the Setons, Viscounts Kingston. The person to whom it is addressed was probably Alexander Hay of Drumelzier and Whittinghame, great-grandfather of Mr. Hay. The writer of the letter was evidently Sir George Seton of Garleton, third Baronet, and dejure sixth Earl of Winton. His father, Sir George Seton, second Baronet, married Barbara, daughter of Andrew Wauchope of Niddrie, whose brother was probably the ' Niddry ' mentioned in the letter : — ' Febry 27, 1757. ' DE SR, — Enfin done, grace a Dieu, on apprend depuis quelque jours par 1'arive a Paris depuis quelque tems d'un certain Don Gulielmo j1 honet home de nos amis est dans la tere des vivans et en bonne sante, done je suis tres rejouie. Amongst friends, what do you think that 3 letters I wrot since your arrival the tother syde of Tweede could never obtain so much as one line from your honour, mais ne parlons plus de cela ; had you wrot I designd to begg the fauour you would endeauour to persuade L Somervile to give up the family picturs, now in his custody, particularly the familie pice done by holbens ; 2 he alwaise said he would give them up to the family. I know no body has more right than I in that respect, wherfor I houpe he '1 not refuse to comply ; you may thinke in what proper maner to propose it, should you think fitt to speak to his neighbour Niddry, or if it was necessary I should wryt to him myselfe, in short I 'm resolveid he shall say yea or no. It would not bee much for his honour I should think to say no, whereby to take advantage of the malheur of my poor famely. The aald wife Pitcairn,3 I supose you know, would do nothing befor her death as to the monie quelle avoit escamobe;4 she has fumisiht an apartment in Winton house of the debris and plunder of Seton house, ' wherin was placed lykewaise that famous pale5 that cost 1000^, with several other things I supose now in the custody of Buchan.6 Has he a mind too to keep all that plunder? He may content himselfe with perhaps 20000^ he has made of the estate. If you dont think fitt to medle yourselfe in such an afair, pray you 1 This word is smeared out — Hay ? from Lat. pallium . . . Scandinavian pell . . . French 2 Evidently the group of the Seton family, usually palle, poile. Isl. pell denotes cloth of the most precious attributed to Sir Antonio More. kind ; textum pretiosum. . . . Old French paile de- 3 See under George, fifth Earl of Winton, p. 258, noted cloth of silk.' note 2, supra. 6 Either George Buchan of Kelloe or John Buchan 4 Pilfered or filched. of Lethem (respectively grandfather and father of 5 Spelt in Jamieson's Scottish Dictionary ' pall ' and George Buchan-Hepburn, referred to at p. 792 supra), ' peal,' and defined ' any rich or fine cloth, particu- who had long been lessees of the Seton estates under larly purple. ' Ruddiman 'seems to derive the word the York Buildings Company. 5Z 914 A FOND MOTHER'S LETTER desire Rob Seton to enquire a litle. You may say after what I have losst its not worth while to enquir for such trifles, vero, but I must tell you it may hapne on certain occasions that such things could they bee disposed of might even bee of use to certain foleks. A litle after you left this place 1 had 2 or 3 letters from Niddry that the Yorck buildings creditors ware to put the estate to a sale immediately, desird to comunicat to my friends which I did, since which I have heard no more of the mater. I should bee glad to know the meaning of that. Now as to the picturs I mentiond, should they bee pickt out of that certain Lord's fingers, I would desire the favour you would take them into your custody and place them rather at Whitengham, it beein in east Lothian, en atendant the palazo a la paladio you are to build to answer to your portico sur quoi je vous fais mes complimens. As to our friend Don Gulielmo, I must tell you he 's fat and fair, the chocolat and the olios have done well with him ; as to his compagnion de voiage Brincadoro he 's a verie douce grave fellow, with a countenance much as you may supose a Corregidor.1 Now I must begg leave to pay my compliments to your Lady. I had the honour to see her at Belton, and althou no great botleman, yet I have had the pleasure of drinkin her health several times. I houpe you '1 pay my compliments lykewaise to Lady Blantyre, your daughter, the Widow, and the 2 young ladys, and par ticular to my friend William. As to the India sparks I reckon they are filling their pouches fou of Rupees. I hear William is a chasseur. I must tell him when he goes to Kinglidors to take care of the bogs and the Twedel rains which is a fall of bukets of water. When that hapnes, il faut doner de deux et ganier le gist.2 You '1 excuse if I have been too tedious. Belive me to bee alwaise your most Affect and Obdnt Seruant, Dr Sr, 'G. S. W ton.' The writer of the following letter was Susan Moray of Abercairney, wife of James Seton, Governor of St. Vincent (of the family of Barns). It is addressed to her son James, after wards Colonel Seton of Brookheath, Hants. The original is in the possession of Colonel Seton's daughter, Mrs. Coventry, of Burgate House, Fordingbridge, Hants : — 'Moor Park, Aprile 17, 1779. 'My dear James, — I have wrote several letters since I came here; I expect to hear from you to-day. I see by the newspapers the signal is given for all the troops to go abroad, which makes me think you will not be long of sailing. The newspapers say you are not going to New York but to Carolina, to join General Campbell, how far it is true, God knows. I beg, my dear, you will tell Colonel Dundas I wou'd take it as a favour if he will let me know where the Reg* is order'd for; your papa is quite miserable till he is made certain about it. Now, my dear James, when you do sail, let me entreat you will let no opportunity escape of writing, were it but a line. You may have a chance ship pass you at sea before you get to America, and a line, if you are able, to say how you hold out will be a great comfort to your father and me. I trust in God, my dear child, you will never forget your duty to God; by being punctual in that, it will bring every other duty in your mind, and prevent bad advice and example from taking root in your heart. Remember what I told you about being polite and civil to all, but be of no party, which there often are in Regts- Where you meet with kindness return it with gratitude, if from a worthy person — but cuning people are often kind to people to draw them in. Always take Colonel Dundas' advice — he has seen much of the world ; and if you repose a confidence in him, it will make him like you and will be of infinite advantage to you — his good character, everybody speaks well of him, and whatever character he gives of the officers in his Reg* will be believ'd before any body. So, my dear child, always be pleasant and obeydient to him. Never dispute what he says, even tho' you shou'd think him in the wrong. Keep your mind to yourself, and when you speak, always be diffident of yourself — hear others and make your own use of it. Your knowledge of the world is very small, so never be positive. Young people are often wrong, as, from want of experience, their notion cannot be just — the longer you live, my dear James, you will be the more sensible how necessary all this that I have often told you is to practice, and one cannot keep well with a variety of people without it. Be sure when you meet with Sir William Erskine to be his slave, to serve him day and night, if in your power. On him 1 = Spanish magistrate. 3 Equivalent to ' one must spur one's horse and gain the main point.' JAMES SETON (CARISTON) 915 and Colonel Dundas' good character does all your future promotion attend. Nothing will recommend you to Sir William so much as to be constantly employ'd ; he is a man that will not quarrel you much, but he will speak about it to others, if he sees anything wrong. So, my dear child, be on your guard. Pray have you got the letter Lord Eglintone promis'd to write ? I beg you will let me know. You shou'd get some oil'd silk or bladder for the crown of your hat. The heat in America is very great. I will not shut this letter till the post come, that I see if I hear from you. Read this with attention at your leisure hours. My dear child, may God Almighty be your guide is the prayer of your aff* mother, S: Seton. ' The Dutchess and all the young folks are well. Charlotte is quite happie with them. ' If you receive the letter from Eglintone, be sure and dress yourself as well as you can, and deliver it yourself — upon no account send it. To deliver it yourself may be of use to you. A gentleman need never be ashamed to wait on anybody if he behaves like a gentle man. For God's sake, take care of cold. Keep your warm night-cap on, and be careful of yourself. You will not find so good a . . . as . . . when you are sick, so you must nurse yourself. I beg to know if you are aboard the same ship with Colonel Dundas. The post is come and no letter from you. My dear child, I again pray a thousand blessings. Your ever aff mother S. Seton.' The two following extracts are from letters from my great-granduncle, James Seton, the youthful soldier of Culloden (p. 60 1 supra). The first is addressed to 'Robert Seton, Esqr, London,' and the second to a young relative in that city, after his return from India. (1) The first letter embraces a pretty full statement relative to the Setons of Blackhall, (p. 591 supra), and concludes as follows : — ' The above was wrote for the information and entertainment of Robert Seton, Esquire, of Street, London, son of Captain David Seton above mentioned, the fourth generation and male representative of the Setons of Blackhall, and the heir of line of the Archibalds of D°, by his affectionate Cousin and faithful humble servant, ' Cariston, 8th September 1802 .' tf" ' "^"777 (2) The earlier portion of the second letter relates to personal matters, after which the writer proceeds as follows : — 'At this period it will be natural for you, as I believe it is to all mankind, to know something of your ancestry. In Douglase's Baronage of Scotland you will see a short account of the Setons of Cariston. I drew most of it up myself from family papers and gave it to Sir Robert Douglas, when he published the Scottish Baronage, being well acquainted with him ; and if you wish for a more remote account of the family, you may have recourse to Douglase's Scottish Peerage (article " Seton, Earl of Winton ") wrote by the same gentleman. You will see that we can boast of as high antiquity as most or any in Scotland.' (This is followed by a remarkably good summary of the family history, which is closed by a short notice of the Cariston line, from which an extract will be found at p. 608 supra, relative to the alienation of the estate.) 'I have wrote all these family matters,' he continues, 'solely for your own amusement, and you may keep it by you to divert you at times, but show it to nobody else — it savours of vanity to be fond of family antiquity. . . . Your sincere friend and well-wisher, Mrs. Seton, is reading at my side, waiting my conclusion that she may join me in love to you, and to say with me, God bless you. — Affectionately yours, Ja. Seton. ' Cariston, 31st March 1810.' a The following is a full copy of the letter from Major Christopher Seton to his uncle James, respecting Cobbett and the court-martial, from which an extract is given at p. 604 supra : — 'London, No. ii Haymarket, $th April 1792. ' Dear Uncle, — Your kind and obliging letter I received, and wou'd have answered it on receipt had I not wished to acquaint you fully of the issue of the Court Martial, at least 916 MAJOR CHRISTOPHER SETON as far as I am in possession of the proceedings to do it with, that is to say, I can only now annex you a copy of Sir Charles Gould's letter to me of the 2nd inst., by which you will see that the three culprits have been most honorably acquitted, and which has since been approved by his Majesty. 'In my letter to Peggie of the 27th ult° I desired her to inform you that the Villain who had exhibited the charges against us thought proper to disappear, tho' not till after he had put us to all the trouble and expense in his power. Report says he is gone to France, and I shall only add that I wish he was in Hell, as he fully deserves a warm berth. He only gave in the names of 47 non-commissioned officers and Privates of the Reg* to Sir Charles Gould, as his evidence to support him in the business, all of whom appeared at the Horse Guards, and before the Court, not one of them having a word to say, nor did they know what brought them there. We were also obliged to have all or the greatest part of the officers here who came home with us, with upwards of 20 non-commissioned officers and Privates ; so you can easily judge what trouble the scoundrel has put us to on the occasion, for which I hope he will be Damned. ' I had the pleasure of seeing your friend Captain Clephane two days ago ; he was on his way to call upon me when I met him. I have since called on him and his Lady, but both were from home. As I intend to take my departure from hence in two days, I am very busy at present, therefore shall only add that I beg my compliments to Mrs. Seton and my young cousin. — I remain, my dear Uncle, yours ever sincerely, i^/k^P^&k^ ' P.S.— My last informed you that we were soon to march to Tinmouth, which I now understand is altered to Deal and Dover, in Kent. I wish we had gone to the former place. Write me soon. If you can send a copy of Sir Charles Gould's letter to Rumgally, do it, and I also beg that you may show it to all my acquaintances that you may see. I also annex a list of the Members of the Court Martial, which you will see were all of high rank in the service.' The two following letters from the same correspondent to Mr. James Watson, bookseller, Edinburgh, are contained in a small folio ms. in the Advocates' Library (No. 34. 3. 6), entitled ' Materials for Baronage of Scotland.' (See Analecta Scotica, 2nd Series, pp. 32, 33.) ' Kirkforthar, 19^ Deer. 1800. ' Sir,— By the advertisement in the Newspapers the " Baronage " is to be published early in the winter, and if not too late, this is to acquaint you that I wish to have the family included with which I am connected. But before I transmit particulars, I wish to know the terms subscription, etc., and if on my becoming a subscriber the same will be inserted. It is generally a transcript of what is to be found in Douglase's " Baronage," but with considerable additions. It will occasion little trouble, as it is all properly arranged and ready for insertion. I will expect to hear from you in course, and am, Sir, your most obed* Servant, t T ™ t, , „ „ , , 'Christ. Seton. ' Mr. James Watson, Bookseller, Edinburgh.' ' Kirkforthar, by Falkland, 2gth December 1800. 'Sir,— I am favoured with yours in answer to mine, and suspect there is a misunder standing If the 'Baronage," published about 30 years ago by Sir Robert Douglas, is to be considered as the first volume of the intended publication, it will look awkward to insert the same family in the 2nd volume, as it is already in the first. If this be an entirely distinct work, there can be no impropriety in giving it a place. Having been out of the country I am quite a stranger to the intended plan. I have, however, sent you herewith a copy of what I wished to have inserted, supposing the present to be unconnected with Douglase's I will therefore beg the favour of you to let me hear from you again how far this can be comply'd with, and if it is I shall certainly be a purchaser of both volumes. Perhaps I have been too diffuse, and the exordium, ,f I may so call it, may be thought superfluous, yet there is nothing but facts, which those acquainted with subjects of that kind will easily know A TOUCHING EPISTLE 917 ' I beg you will be so good as return the enclosed by the Falkland carrier, in case it does not .correspond with my wishes and the plan of the Editors. — I am, Sir, your most obed* Servant, Christ. Seton. ' Mr. James Watson, Bookseller, Edinburgh.' The following is the unsigned and undated letter referred to at p. 615 supra, from Margaret Seton, daughter of George, seventh Baron of Cariston, and wife of Henry Seton, of the Chasseurs Britanniques, to her sons David and George. The writer died 19th October 1803, and the letter was probably written shortly before that date : — ' A LETTER TO BE SENT TO MY TWO DEAR SONS AFTER MY DEATH. ' It has been my constant rule every day since I parted with you to recommend you to the care of God, morning and evening. Now that I am grown very tender, and do not know the time that I may be separated from my dear family, as the last request of your loving mother, I doubf not but that you will comply with it to the utmost of your powers. ' If it is the will of Heaven to spare your dear Father after me, as you both know your duty to your parent, I daresay that you will always perform it with pleasure, by aiding in every way to make the evening of his life pass over in ease. In this world he has experienced many trying scenes, in many of them I have borne an equal share, but God is ever merciful and never left us to despair. His days as well as mine must now be short. My two dear girls, the thoughts of leaving them without a support through this life is such a painful idea that my heart cannot bear the thoughts of it. The only relief that I find is the trust which I have in your promise to take care of them, and my confidence in you will soothe to me the pillow of death. And I hope that if God is pleased to put it in your power that you shall think it a happie task, not only to support them, but to superintend their actions and to contribute cheerfully to the happiness of their future life, as their second parents. I hope that it will give you much satisfaction, and that their good behaviour and gratitude will be a sufficient recompence. ' Remember, my dears, that God is the wise disposer of all events ; that there never was such a thing as true happiness in this world ; and whatever trials He is pleased to inflict upon you, endeavour to submit with a becoming resignation, and say, Not my will, but Thine be done. Never let despair take place in your bosoms ; that would certainly be impious, and tho' the sun may rise and see you unhappie, and setting leave you the same, yet on its return, God may have you changed, and your face which was yesterday clouded with tears may to-morrow brighten into smiles.'1 Letter from George Seton, Commander H.E.I.C.S., to his Grand-uncle, James Seton, Esq. ' Madras, 22<* August 1805. ' My dear Sir, — Your kind letter dated 6th Sept. duly came to hand on the arrival of the Fleet from Europe, and altho' it is the first I ever had the satisfaction to receive from yourself, still my dearest parent — alas ! no more — never failed to write most particularly of you and yours. Her unalterable attachment to you was with great justice sincere indeed ; you do me more credit than I deserve, wherein you mention the little assistance I gave my mother. I thank 1 The following are specimens of the entries in the Chapel of Kirkforthar. ' same writer's imperfect memorandum-book, also al- ' My dear husband, Henry Seton, went away from ready referred to : — Edinburgh to the West Indies the 7th April 1773, and ' Margaret Seton (the recorder) was born at Cariston it pleased God to return him back in safety the 12th 15th of May 1 74S, and baptized there by the Rev. of August 1784, after a long absence of eleven years.' Mr. Preston, Minister of Markinch.' 'My dear brother Christopher was married at 'It pleased God to call my dear father, George Kirkforthar, loth August 1797, to Mrs. Carmichael, Seton (seventh Baron of Cariston), to glory on Tues- co-heiress of Kirkforthar, after the death of her day 2nd of November 1 762, about six at night, aged brother, Captain David Lindsay.' 48 years. He was buried on Saturday the 6th in the 918 CAPTAIN GEORGE SETON (CARISTON) the just God for giving me the means — inclination never was wanting — and the manner in which you speak of her is grateful to my feeling in the extreme. I know not how it is, and conjecture is endless — but from her cradle to her grave, she was a stranger to ease and com fort. The will and dispensation of Providence is beyond human comprehension; and if there is a future state, which I most firmly trust to and believe in, she will doubtless receive there what was denied her (for some wise purpose) in this life. As an example of real worth and virtue, she may have left an equal, but I doubt much if she has left a superior, and if the daughters follow her steps in all but her misfortunes, I shall be well satisfied. I am thankful for your account of my Perth relations, who I am a stranger to. I had a letter from Mr. Blair sometime back. He seems a very sensible well-informed man. I have written both to him and to Mr. Barland J to take charge of Melville. In consequence of my poor mother's indis position, I fear her education has been much neglected. Her late letters are neither written with care nor judgment, and with a forward confidence rather unbecoming so young a woman. You may consider me severe, and perhaps I am so, tho' not from either a want of sensibility or affection, and all that I shall offer in my own vindication is, my comments may be the effects or produce of acquired Oriental ways of thinking, and not natural, inherent dislikes. With respect to David, I can say but little. His conduct thro' life seems to be at variance with common sense, and he must just get on as well as he can. Young George Seton of Bogside2 I have not yet seen. When he arrived at Bombay, I was on the Coromandel coast in com mand of the Marquis Wellesley, which ship I have since left; but a letter from George Douglas some time ago informs me that he is third officer of the Luvjii Family, Capt. Gibson, in one of the first employs from Bombay. The ship is now on a voyage to China, and in time I daresay the young man will do well. I am intimate with Gibson, and shall leave no stone unturned to promote his views. This far I promise, which you may trust to. Mer cantile times are so changed in India from the ruinous war that I am by no means determined how I shall employ myself. I do not think it likely that I shall again go to sea. I have tolerable interest at the Government House, and if anything is to be given away out of the line of the service, I stand a fair chance. In many transactions I have been extremely unlucky. Within these last four years I have lost above ,£10,000, which I worked hard for, and if I escape from the failure of Chan Chinery, M'Dowall & Co., I shall think myself lucky indeed. I had letters from Mrs. George Simson in March last. She is a charming little woman, and one of the most friendly creatures in the world. I often see a son of your old friend Colonel Hepburn. He is on this establishment, and a most amiable man. I do not remember the distance between Cariston and Kirkforthar, but I believe not far. My poor mother had always so much to say on family matters that she gave me fewer details of the progress of the Fife folks than perhaps you would suppose. I never heard whether my uncle Christopher had any family, or rather children, by Mrs. Seton, and I always thought Balmblea belonged to her. Who has got Auchtermairnie — or did Captain Lundin sell it ? I should like that place if I had money enough. Cariston is a low situation, and altho' I do not like to be upon the sea, still I like to look at it. My paper is near done. Pray offer my best respects to Mrs. Seton, who I hope is well. Also to Major and Mrs. Seton, yr neighbours. Do indulge me with another epistle, and address to the care of Colonel Brunton, Auditor-General, Madras. — I am, my dear Sir, yours with much sincerity, 1 The Barlands occur as glovers, in the Perth records, during the early part of the eighteenth century. 2 Afterwards of Potterhill, Perth. BIBLIOGRAPHY OF THE SETONS 919 VIII. BIBLIOGRAPHY OF THE SETONS HE following list — which does not profess to be complete — has been chiefly compiled from the large consulting Catalogue in the British Museum. It does not embrace the numerous literary productions of the Tytler branch of the family, which, however, are referred to in the notice of that line. Besides works by persons bearing the name of Seton, it includes such books as Sir Richard Maitland's History of the House of Seytoun and Memoirs of individual members of the family. The arrangement is alphabetical, in accordance with the Christian names of the authors, their respective works being placed in the order of date. I. — Seton. Alexander Seton — De lapide philosophorum tractatus duodecim, etc. [By M. Sendwogius ? or A. Seton ?]. 8vo. 161 1 Alexander Seton, ist Viscount Kingston — A Continuation of Sir Richard Maitland's History of the House of Seytoun. 4X0. 1829 Alexander Seton, Baronet, Sir (Lord Pitmedden) — A Treatise on Mutilation and Demembration, in two parts. (The Laws of Scotland in matters Criminal, etc., by Sir George Mackenzie.) fol. 1699 An Explanation of the xxxix chapter of the Statutes of King William concerning Minors ; containing divers questions on the said Statute, useful in practice. . . . With notes ... by A. Bruce. i6mo. 1728 Dejure Relationis Nobilium Scotice, with additions and remarks by Lord Pitmedden. 4to. 1828 Alexander Seton, ist Earl of Dunfermline — Memoir of, by George Seton, Advocate, M.A. Oxon. Archibald Seton — A Short Account of the Proceedings at the Trial of . . . A. S.for , David Seton of Mounie — The Wreck of the Birkenhead. Elizabeth Ann Seton, Mrs. — Biographical Notice. i6mo. Narratives of Conversions, containing Mrs. Elizabeth Seton. 8vo. Memoirs, Letters, and Journal of Elizabeth Seton, edited by Robert Seton i sm. 4to. 1882 Treason, etc. fol. 1 709 post 8vo. 1890 1851 1861 2 vols. 8vo. 1869 The Life of S. W. G. Brutt, etc. [Additions from his life by Mrs. Seton ?.] 1 21110. 1870 [Life] De Vere (A. T.), Poet. Heroines of Charity, etc. ? Life of Mrs. E. A. Seton, by J. C. White, D.D., with copious extracts from her writings, etc. La Vie D Elizabeth Seton, par Madame de Barberey. 8vo. 1868 Fifth edition of the same work, 2 vols. post 8vo. 1892 920 BIBLIOGRAPHY George Seton — The Address and Petition. fol. 1695 A Modest Vindication of Mr. Seton's Address, etc. fol. ? George Seton, fifth Earl of Winton — The Tryal of George Earl of Wintoun upon the articles of Impeachment of High Treason. fol. 1716 George Seton (Advocate, M.A. Oxon.) — Genealogical Table; exhibiting the Kings of England and Scotland; the Descent of Her Majesty Queen Victoria through the Anglo-Saxon, Scottish, and Norman lines ; the Representation of the House of Stuart, etc. large oblong sheet. 1845 The Treatment of Social Evils. post 8vo. 1853 Sketch of the History and Imperfect Condition of the Parochial Records of Scotland. post 8vo. 1854 Practical Analysis of the Acts relating to the Registration of Births, Deaths, and Marriages in Scotland. Fifth Edition. (First Edition was published in 1855.) 8vo. 1861 The Causes of Illegitimacy, particularly in Scotland. 8vo. i860 The Law and Practice of Heraldry in Scotland, with numerous Illustrations. 8vo. 1863 ' Cakes, Leeks, Puddings, and Potatoes' A Lecture on the Nationalities of the United Kingdom, with Four Illustrations. post 8vo. 1864 Second and abridged edition of the same work. i2mo. 1865 Gossip about Letters and Letter- Writers. post 8vo. 1870 The Convent of St. Catherine of Sienna near Edinburgh, with Illustrations. (Privately printed.) 4to. 18 71 The Social Pyramid ; a Plea for extended Sympathy among the Different Classes of Society. i2mo. 1878 St. Kilda, Past and Present, with Twelve Illustrations. 4to. 1878 Amusements for the People. post 8vo. 1880 Memoir of Alexander Seton, Earl of Dunfermline, President of the Court of Session, and Chancellor of Scotland; with Eight Illustrations. 4to. 1882 Recollections of Jonathan Alexander, formerly of the 52nd and 66th Regiments, with Portrait. i2mo. 1886 A Budget of Anecdotes relating to the Current Century. post 8vo. 1887 Second and enlarged edition of the same work. post 8vo. 1887 The House of Moncrieff. (Privately printed — 150 copies — for Sir Alexander Moncrieff of Culfargie, K.C.B.) 4to. 1890 Memorials of an Ancient Scottish House — a History of the Family of Seton during Eight Centuries. 2 vols. Profusely illustrated. (Impression limited to 212 copies, of which 1 2 on large paper.) 4to. 1896 Henry- Wilmot Seton, Hon. Sir — Forms of Decrees in Equity, and of orders connected with them, with practical notes. 8vo. 1830 (Followed by References to four later editions, 1854-91.) Early Records in Equity. (Privately printed.) 8vo. 1842 Heywood-Walter Seton-Karr — Ten Years' Wild Sports in Foreign Lands. Shores and Alps of Alaska. Handy Guide-Book to the Japanese Islands. Bear-hunting in the White Mountains. James-Lockwood Seton — The Select Dramatic Works of J. Dryden, edited by J. L. S. 8vo. 1877 James-Lumsden Seton, Baronet, Sir — Notes on the Operations of the North German Troops in Lorraine and Picardy, etc. 8vo. 1872 8vo. 1869 8vo. 1887 8vo. ?y 8vo. 1891 OF THE SETONS 921 1880 1853 [And 1878 Goeben (A. von), General. Contributions to the History of the Campaign in the North west of France . . . translated . . . by J. L. S., author of the preceding Notes. To which are added corrections on the latter work. 8vo. 1873 Organisation of our Infantry Forces. A Letter, etc. 8vo. Jane Seton or the King's Advocate, a Scottish historical romance, by James Grant. 2 vols. post 8vo. The Witch of Edinburgh, or the King's Advocate. A Historical Drama in five acts. in prose, by W. D. Baldie.] i2mo. John Seton, Sir — Letter from Sir J. S., Manchester, ye 25 M'ch, 1643, edited by T. Heywood. Manchester Chetham Society, vol. 57. 4to. 1862 Joannes Setonus — Dialectica . . . annotationibus P. Carteri . . . Explicata. Huic accessit Arithmetica. Second Edition of the preceding. (Two later editions published in 1584 and 161 1.) Panegyrici in Victoriam . . . Marias, Angliae Reginse etc. Item in coronationem ejusdem . . . Reginse, congratulatio. Ad hsec de sacrosancta Eucharistica carmen. 4to. Mary Seton — In Ladies' Company. Six interesting Women. By Mrs. Florence Fenwick Miller. post 8vo, Matthew Seton — The Net with the Golden Meshes. [A Novel.] 8vo. Patricius Baron-Seton — Dissertatio Medica . . . de paralysi, etc. 8vo. G. Buddei 8vo. 1572 8vo. 1574 iSS3* 1892 Richard-Somner Seton (Colonel) — Treatise on Shrapnel Shells. Robert Seton, D.D. (Monsignor) — Memoirs of Elizabeth Seton (supra). Essays on Various Subjects, chiefly Roman. The Dignity of Labour. 8vo. 17871854 Catholic Publication Society Co., New York. 8vo. 1882 8vo. 1893 S. W. Seton— The Abecedarian, for Infant Schools; comprising the comparative and analytical Alphabet. 8vo. 1880 William Seton of Pitmedden, Baronet, Sir — The Interest of Scotland, in three Essays [by W. S.] 8vo. 1700 Another edition of the preceding. nmo. 1702! * Two letters to John Seton appear in an interest ing volume in the possession of Mr. Archibald Constable, entitled : — 'Disertissimi Viri Rogeri Aschami Angli, Regiae olim Maiestati a. Latinis Epistolis, Familiarium Episto- larum libri tres, magna orationis elegantia conscripti nunc postremo emendati et aucti. Quibus adiunctus est etc' Londini 1590. 540 pp. i2mo. The first, at p. 97 is addressed : — ' Moderato et Ervdito viro loan. Setono,' and concludes : — ' Vale. Et Aschamum tuum, vt soles, ama. Anno Domini 1542. Calend. Ianuar.' The second, at p. 129, ' D. Ioanni Setono,' com mences as follows : — ' Qvid scribam, nunquam mihi deesse potest, quoties ad Setonum scribo : Quod sane libenter semper facio, nunquam tamen libentius quam hoc tempore, cum me et mea sponte currentem vehementer ad id incitauit etiam Watsonus Noster ' ; and concludes : — ' Rescribe quaeso, nihil literarum tuarum sermone dulcius esse potest. Vale.' (no date.) t The following is from a comparatively recent book catalogue: — '[Seton, W., of Pitmedden.] The interests of Scotland considered with regard to its Police in imploying of the poor, its Agriculture, its Trade, its Manufactures and Fisheries. Engraving on title-page, and arms on first page of dedication, small 8vo, old calf, gilt, 2ls. Edin. 1733 'Dr. Laing's copy brought £2, 2s.' 6a 922 BIBLIOGRAPHY William Seton of Pitmedden — continued. A Short Answer to a Large Paper [by Sir W. S.] intituled A Continuation of Brief and Modest Reflections, etc. 4*°- i7°3 Some Thoughts on Ways and Means for making this Nation a Gainer in Foreign Commerce. 8vo. 1705 Scotland 's great advantages by a Union with England. 4t0- I7°6 A Speech in Parliament the second day of November 1706 ... on the first article of the Treaty of Union. 4to. 1706 William Seton, New York — Nat Gregory, or the Old Maid's Secret. 8vo. 1867 The Pioneer. A Poem. post 8vo. 1874 Rachel's Fate, and other Tales. post 8vo. 1882 The Pride of Lexington. A Story of the American Revolution. post 8vo. n.d. Walter-Scott Seton-Karr — Selections from Calcutta Gazettes of the years 1784-8, showing the Political and Social Condition of the English in India eighty years ago. 4t0- J864 Rulers of India : The Marquis of Cornwallis. post 8vo. 1890 The Sepoy Mutiny of 1857-8 in Belgaum andjessore. (Privately printed.) 1894 History of the House of Seytoun, by Sir Richard Maitland. Two Versions, both 4to, Glas gow 1829, and Edinburgh 1830. Story of the Setons (' Stories of Old Families '), by Dr. William Chambers. post 8vo. 1878 History of the Family of Seton, by George Seton, Advocate, M. A. Oxon. 2 vols. 4to. 1896 II. — Seaton. A. E. Seaton. A Manual of Marine Engineering . . . with . . . tables and illustrations, etc. 8vo. 1883 Speed in Ocean Steamers. 8vo. 1892 Abraham Seaton — A First Book of Practical Examples in Arithmetic, containing nearly 1500 graduated examples in the simple and compound rules and decimal coinage. 8vo. 1863 Alexander Seaton — A testimony of tender advice and counsel given forth from our half-year's meeting in Dublin, the 9th of the 9th month 1688, etc. 4to. [1688] A short account of ... G. Gray, of the Society of Friends. (With a Preface by A. S.) i6mo. 1692 Edward Seaton — Public Health Reports. . . . Edited . . . by E. S. 8vo. 1887 Annual Report of the Medical Office of Health for 1882 . . . by E. S. 8vo. 1883 Edward-Cator Seaton — Report of the Medical Officer of the Privy Council [E. C. S.] relative to the Sanitary state of the City of Chichester. 8vo. 1865 Vaccination. Reynolds (J. R.), A System of Medicine. Vol. I. 8vo. 1866 A Handbook of Vaccination. 8vo. 1868 J. Seaton (of Her Majesty's Theatre) — The Ball-room Manual and Etiquette of Dancing. 32010. 1848 John Seaton — Great Circle Sailing made Easy ; or the method of calculating with accuracy and ease the several parts required for the practice of sailing approximately to a great circle. 8vo. 1850 OF THE SETONS 923 John Seaton, Sir — A perfect relation of the taking of the Town of Preston ... by the Parliament's forces under . . . Colonell Sir J. S., etc. 4to. 1642 A true relation of the late proceedings of the London Dragoneers sent down to Oxford . . . under ... Sir J. S. 410. 1642 Joseph Seaton (General Baptist Minister) — [Funeral Sermon.] Kingsford (S.). The End of the Good Man Peace : A Sermon, etc. N.D. Joseph Seaton, M.D. — The Present State and Prospects of Psychological Medicine, with suggestions for improving the laws relating to the cure and treatment of Lunatics. 8vo. 1853 Rose Seaton — Romances and Poems. 8vo. 1891 Samuel Seaton — A true account of that dreadful fire which happened in the house of Mr. S. Seaton ... at the corner of White Cross Street, . . . London, on the 27th of March 1687. 4to. 1687 Thomas Seaton — The Divinity of our Saviour proved, in an Essay on the Eternity of the Son of God. 8vo. 1 7 19 The Conduct of Servants in Great Families, consisting of dissertations upon several passages of the Holy Scriptures relating to the Office of Servants, etc. i2mo. 1720 The Defects of the Objections against the New Testament application of the Prophecies in the Old exposed; and the Evangelists' application of them vindicated in a sermon on Luke xxiv. 27. 8vo. 1726 A Compendious View of the Grounds of Religion, both Natural and Revealed, in two dissertations. 8vo. 1729 The devotional life rendered familiar, easy, and pleasant, in several hymns upon the most common occasions of human life, composed and collected by T. S. i2mo. 1734 Another Edition. Edited by W. Godfrey. 12010. 1855 Thomas Seaton (of Cambridge) — Musce Setoniance, a complete collection of the Cambridge Prize Poems, from their first institution, by T. S. in 1750, to the present time. 8vo. 1773 Thomas Seaton, Sir — From Cadet to Colonel — the record of an active service. 2 vols. 8vo. 1866 Another Edition, with illustrations. 8vo. 1877 A Manual of Fret-cutting and Wood-carving, with diagrams. 8vo. 1875 William Seaton, Curate of St. Thomas', Salisbury — Penitents pardoned, or patterns of mercy — a sermon on Zechariah iii. 2. 8vo. 1820 William Seaton, Minister of Wandsworth Chapel — The Church in the Wilderness, or the Encampments of the Israelites ; in which are dis played the treasures of Providence and the rules of Grace. 2 vols. i2mo. 1821 The Church in Canaan, or Heirs in possession receiving the Promises. 2 vols. i2mo. 1823 William Seaton, Incumbent of St. Thomas', Lambeth — The Sinless Perfection of Christ's human nature vindicated, etc. [by W. S.]. 8vo. 1833 Profession without Principle, and Principle without Profession. ... A new year's address. Second edition. i2mo. 1855 The Atonement made, and the Plague stayed — a sermon on Numbers xvi. 48, etc. i2mo. 1862 924 SETON AS A NOM DE PLUME William Seaton — continued. Ten Invitations given to come to Church, and four Excuses met. Fourth thousand. i2mo. 1862 The Church of England: her Doctrine of Baptism scriptural, and her Catechism ' a form of sound words,' a sermon on Hebrews vi. 2, in reply to the misrepresentations and unfounded accusations of . . . C. H. Spurgeon. Fourth edition. 8vo. 1864 A Prayer for the Daily Use of Young Persons . . . under Christian training. With 130 Scripture references, etc. i2mo. [1866] William John Seaton — Report on the Conservancy and Management oflthe Forests of British Burmah, etc. Powell (B. H. B.), The Forest System of British Burmah, etc. fol. 1874 Report on the Forests and Alpha resources of Algeria, etc. 8vo. 1876 Seaton — Voyage between Havre and Rouen. Havre. 12 mo. 1826 The following are from Bibliografia Enciclopedica Milanese (Milano, 1857) : — Camillo Sitone, de Scozia — Six different works by (p. 574). G10. Francesco Sitone — Work by (p. 575). The works of 'D. Johannes de Sitonis' of Milan (c. 1700) have already been referred to at p. 769 supra. The name of Seton seems to be a favourite with rising literary men in the present day, including — 1. 'Gabriel Setoun' — Mr. Thomas Nicoll Hepburn, — author of Barncraig and Sunshine and Haar. 2. ' Henry Seton Merriman ' — Mr. Hugh Stowell Scott, — author of With Edged Tools, The Grey Lady, and other popular works. Mr. Hepburn informs me that he 'tried many other names before fixing upon Setoun, which was suggested by a friend, and at once adopted.' He regards it as ' an ancient name, a musical one, and it is easily remembered.' Mr. Scott 'embodied Seton in his nom deplume from a liking for the name itself, and in memory of the close connection between his own maternal ancestors and the family of Seton in the days of Mary Queen of Scots.' A propos of the adoption of surnames, a few remarks may be made on the assumption of ancient historical titles. Lord Clarendon informs us that Sir Henry Bennet — one of the Cabal ministry — had no estate from which he could take a title, so he fixed upon the ancient barony of Cheney, which had expired in 1587, although he was in no way connected with the family who had formerly held it. The warrant was drawn out, and for some days he was called ' Lord Cheney.' But a gentleman of Buckinghamshire, who, although he had no title to the barony, was of the same family, and had inherited most of the property, went to Bennet and desired him ' not to affect a title to which he had no relation ; and to which, though he could not pretend of direct right, yet he was not so obscure but that himself, or a son of his, might hereafter be thought worthy of it by the Crown, and in that respect it would be some trouble to him to see it vested in the family of a stranger.' As the patent had not been prepared, Bennet contented himself with the name of the little farm of Harlington, which had once belonged to his father, but had since been sold. In assuming the name, however, he blundered in Cockney fashion, and left out the H, so that the title was given as ' Arlington,' ASSUMPTION OF OLD TITLES 925 It is to be regretted that a similar course was not followed when Sir John Colborne and Sir Charles Wood were created 'Lord Seaton' and 'Viscount Halifax,' in 1839 and 1856. Every genealogist knows that the title of Halifax was held by the Saviles in the seventeenth century, and I am not aware that the Woods have any connection with that ancient house. With regard to Sir John Colborne, it may perhaps be urged that his title was derived from Seaton, in Devonshire ; but the sound is the same as Seton, and the former orthography has sometimes been followed by the Scottish family, and still presents itself in Seaton-Delaval and Seaton-Carew.1 1 See an excellent article by Lord Dundonald on ' Protection for Surnames,' in the Nineteenth Century for January 1894, proposing legislation on the subject ; also Chapter ix. of the Author's Scottish Heraldry. SHIELDS AT ELPHINSTONE TOWER, MONUMENT OF WILLIAM SETON AT HADDINGTON. 926 COMPARATIVE PEDIGREE OF THE SETONS IX.— MISCELLANIES i. Comparative Pedigree of the Seton Family. [Referred to at p. 57 et sea.] Maitland's House of Seytoun (Glasgow 1829). Dougall Seton. Seher Seton. Philip Seton. Alexander Seton, I. Bartine Seton. Adame Seton. Christell Seton, I. I Christell Seton, II. Sir Christopher Seton (Christell, III.). Sir Alexander Seton, II. I Sir Alexander Seton, III. I Alexander Seton, IV. William, ist Lord Seton.2 John, 2nd Lord Seton. George, 3rd Lord Seton, I. I John, Master of Seton. George, 4th Lord Seton, II. George, 5th Lord Seton, III. George, 6th Lord Seton, IV. George, 7th Lord Seton, V. Robert, 8th Lord Seton and ist Earl of Winton. Robert, 9th Lord George, 10th Lord Seton and 2nd Seton and 3rd Earl of Winton. Earl of Winton, VI. George, Lord Seton, VII. George, nth Lord Seton and 4th Earl of Winton, VIII. George, 12th Lord Seton and 5th Earl of Winton, IX. Douglas's Peerage of Scotland, ist Edition, 1764. Dougall de Seton. Secher de Seton. I Alexander de Seton. Philip de Seton. Sir Alexander Seton. Sir Serlo Seton. Sir Alexander Seton. Sir Christopher Seton. I Sir Alexander Seton. I Sir Alexander Seton. I Sir Alexander Seton. Sir William Seton. I John, 1st Lord Seton. William, Master of Seton. I George, 2nd Lord Seton. I John, Master of Seton. George, 3rd Lord Seton. I George, 4th Lord Seton. George, 5th Lord Seton. George, 6th Lord Seton. Robert, 7th Lord Seton and 1st Earl of Winton. Douglas's Peerage of Scotland, 2nd Edition, 1813. Secher de Say. I Alexander de Seton. Philip de Seton. I Sir Alexander Seton. I Serlo (or Secher) de Seton. Sir Alexander Seton. Sir Christopher Seton. Sir Alexander Seton. Margaret Seton. Sir William Seton. I Sir John Seton. Sir William Seton. I George, ist Lord Seton. John, Master of Seton. George, 2nd Lord Seton. George, 3rd Lord Seton. George, 4th Lord Seton. George, 5th Lord Seton. George, Master Robert, 6th Lord of Seton. Seton and ist Earl of Winton. Robert, George, 8th Lord Lord Seton and 2nd Seton. Earl of Winton. I George, Lord Seton. George, 9th Lord Seton and 3rd Earl of Winton. George, 10th Lord Seton and 4th Earl of Winton. I I Robert, 7th Lord George, 8th Lord Seton and 2nd Seton and 3rd Earl of Winton. Earl of Winton. I George, Lord Seton. George, 9th Lord Seton and 4th Earl of Winton. George, 10th Lord Seton and 5th Earl of Winton. 1 These three Alexanders are considered by Lord Hailes to have been one and the same person. (See p. 931 infra.) 2 A fifth Alexander is inserted before William, 1st Lord Seton, in Mr. Kirkpatrick Sharpe's edition of the House of Seytoun, Edinburgh 1830. 2. 'Arms and Pedigrees of Scotch Families' (Bibl. Harl. 1423, [Referred to at p. 104.] f. 61, Brit. Museum), Plut. lvii. i. SETON LORD SETON. Dominus Seton in Lowthian. Nidderye in ... . Names of Nobles and Ge'y of the sur. of Seyton, 1604. Earl of Wynton Erl of Dunfermilin Lord Fyvie and Earl of Eglington. 'Touch. Meldrum.Barnes.Pairbroth.Lathrisk. Willielmus primus= Dominus Seton. Filia Sinclayre Domini de Hermeston. Johannes Dns Seton Laird of - Georgius Dns Seton^ vocatus Necromanticus. Georgius DSs Seton=filia Hepburne Alexander 2 filius duxit heredem de Strabogy genuit Alexandrum primum comitem de Huntley qui parlimentari athoritate Gurdoni nomen assumpsit. Campbell fil. Colin primi Comitis Argadise. qui caesus fuit in prselio apud Flowdon. Comitis de Bothwell. filia nupta Matelan Dns de Ledington. filia nupta Leuington Dns de Salcotts. Barbara Barly=Georgius Dns Seton=filia Hay francigena. Dns Zester. Comitessa de Montgomery. Maria Seton Seton Dns de Diia pedesequa Greendikes. Marias Reginse Scotorum. Georgius Seton Dns Seton. •fil. Gulielmi Hamilton de Matchlin militis. Dns de Carreston. Uxor Loga Dns de Lastariag. Uxor Ogilby Dns deBamfe. Uxor Comitis Menteth. Soror Mri de=RoBERTus de Seton Eglington. primogenitus Comes de Wento. I Johannes Seton Miles 2 filius. I filia Comitis =Alexander 3 filius=filia Comitis Perth. Comes de Wenton Alexander Seton = Anna Guil: Johannes. duxit Anna filiam Cognominatus Leuiston Com: Arroll. Montgomery filia Comitis Comes Eglington. Litquo. prior de Pluscardie Dns Fiuy Comes Dumfermelin Scotise Cancellarius. Rotheisise 2 Uxor. Willielmus Seton filiorum natu I Maria nupta Claudio Hamilton 3 filio Ducis Castriheraldi. 3 filia Dni Zester 3 Uxor. Anna Uxor Mri de Fenton. [Full Winton Arms.] Isabella Uxor Dni Thirleston. Sophia Uxor Dni Balcaris Lyndsay. Margta Uxor Dni May-Keny de Kyntayle. I Griselda. Carolus Mr Dumfermilin et Fiuy Natus 1615. Lilias Virgo. Jana Virgo. [Eglinton Coat only.] [Dunfermline Coat only.] [Paternal Arms of Seton, with crescent and laurel leaves as Crest.] ?d MO*—* O ww td vO ^4 928 DESCENT FROM ADAM 3. Descent of the Author's Son from Adam ! As indicated at p. 5 note 2, and notwithstanding the remonstrances of more than one valued friend, I venture to subjoin a rival pedigree to that of the translator of Rabelais, bearing in mind Mr. Augustine Birrell's definition of an obiter dictum. The number of generations only amounts to 82, while Sir Thomas Urquhart appears to make out that he was the 143rd in descent from the first occupant of Paradise. (See Edinburgh Review for July 1884, p. 63.) The usual calculation is thirty years to a generation; but allowing a very much greater average to the ten antediluvian patriarchs, and accepting the old-fashioned chronology, if Sir Thomas's reckoning is approximately correct, the Setons would require to invent a much longer line of ancestors ! ADAM. I Seth. I Enos. I Cainan. I Mahalaleel. I Tared. I Enoch. Methuselah. I Lamech. NOAH. I Shem. I Bedwig. I Guala. I Hathra. I Itermon. 1 Heremod. I Sceldi. I Beaw. I Taetwa. Geat. Finn of Godwulf. Frithuwulf. Frealaf. Frithowald. WODEN. Beldeg. Brond. Gewis. I Elesa. I Cerdic. I Creoda. I Cynric. Ceawlin. Cuthwin. Cudam. Ceolwald. I Coenred. I Ingild. Eoppa. I Eafa. I Elmund. I EGBERT, 1st King of England. Ethelwulf, King of England. Alfred the Great, King of England. Edward the Elder, King of England. Edmund I., King of England. Edgar, King of England. Ethelred II., King of England. Elgive (daughter). I Algatha, (daughter). I Cospatrick, Earl of Northumberland. Cospatrick, Earl of Dunbar and March. I Cospatrick, 2nd Earl of Dunbar and March. Cospatrick, 3rd Earl of Dunbar and March. I Waldeve,4th Earl of Dunbar and March. Lady Alice Dunbar. Sir Alexander Seton (3rd or 4th of the family on record). Bartine (or Ber- trand) Seton. Adam (Secher or Serlo) Seton. Christell Seton. Sir Christopher Seton. Sir Alexander Seton. Alexander Seton. William, ist Lord Seton. John, 2nd Lord Seton. I William, Master of Seton. I George, 3rd Lord Seton. John, Master of Seton. I George, 4th Lord Seton. I George, 5th Lord Seton. I George, 6th Lord Seton. I John Seton, ist Baron of Cariston. George'seton, 2nd Baron of Cariston. George Seton, 3rd Baron of Cariston. I George Seton, 4th Baron of Cariston. Christopher Seton, 5 th Baron of Cariston. George Seton, 6th Baron of Cariston. David Seton, of Blackhall. George Seton, 7th Baron of Cariston. David Seton. I Margaret Seton = Henry Seton. George Seton, Commander, H.E.I.C.S. George Seton, present representative of the family of Cariston. George Seton, born 13th February 1852. fo FfLDiTHi>frlE,S;7A^1? £ Shem' nG?nesis v" Shem t0 Egbert> Asser's Ufi <>/ Alfred the Great. Egbert to Ltnelred 11., all English History. Subsequent descent, Douglas's Peerage and Baronage of Scotland, et?. EXTRACTS FROM HAILES' ANNALS 929 4. Extracts from Hailes' Annals of Scotland, ii. 356 and 374. [Referred to at p. 58 note, and p. 84 note 1.] Of the Genealogy of the Family of Seton in the Fourteenth Century. Our genealogical writers have given a fair pedigree of the family of Seton in the fourteenth century. Christopher Seton, = Christian Bruce, sister of Robert 1. suffered death 1306. Alexander Seton, = Isobel, daughter of Duncan, slain at Kinghorn 1332. 10th Earl of Fife. Alexander Seton, Governor of = Christian Cheyne, daughter of Berwick 1333, died 1337. j Cheyne of Straloch. I i I 1. William, slain at 2. Thomas, slain at 3. Alexander, who carried on Berwick 1333. Berwick 1333. the line of the family, and was a commissioner to Eng land in 1340. This pedigree, however, will not stand the test of historical criticism. That all possible indulgence may be shown to it, let it be supposed that both Alexander the son, and Alexander the grandson of Christian Bruce, were married at fourteen, and that each of them had a son at fifteen. This is to hold circumstances for true which are always exceedingly improbable, and which can scarcely ever happen in times of public disorder. The first husband of Christian Bruce was Graitney Earl of Marr. Their children were, Donald Earl of Marr, slain at Duplin in 1332, and Helen, or Ellyne, through whom the earldom of Marr did, in after times, devolve on the family of Erskine. Graitney Earl of Marr was alive in 1296.1 Sir Robert Douglas says,2 that Graitney Earl of Marr died about 1300; but, of this assertion, he produces no evidence, and therefore I lay no weight on it, although it would make considerably for the argument which I am to use. Indeed, I do not, at present, recollect any mention of Graitney Earl of Marr after autumn 1296; and, therefore, let it be supposed that he died in the end of that year. We cannot suppose that Christian Bruce married her second husband Christopher Seton before 1297, or that she could have had a son by him till about 1298. This son Alexander (slain at Kinghorn 1332) may have been married at fourteen, to Isobel the daughter of Duncan, 10th Earl of Fife, an. 13 12, and may have had a son (Alexander, governor of Berwick 1333), an. 1313. Alexander, governor of Berwick, may have been married at fourteen, an. 1327, and may have had a son William, an. 1328, and a son Thomas, an. 1329 (both said to have been slain before the walls of Berwick 1333), and also a son Alexander, an. 1330 (who carried on the line of the family). All this is matter of figures, and the reader is entreated to attend to the calculation, and to observe its consequences. 1. If Alexander Seton, the son of Christian Bruce, married, in 13 12, the daughter of Duncan, 10th Earl of Fife, when he himself was but fourteen, it follows that his wife was twenty-four at least; for Duncan, 10th Earl of Fife, her father, died in 1288.3 1 Annals of Scotland, i. 285, 290. 3 Annals of Scotland, i. 225. 2 Peerage of Scotland, 460. 6b 930 LADY CHRISTIAN BRUCE 2. As Alexander Seton, the grandson of Christian Bruce, could not have been born before 1313, and yet was governor of Berwick in 1333, he must have been intrusted with that government at the age of twenty-one. A very eminent person, having a numerous vassalage, might have obtained such a command; but it is not probable that it would have been conferred on a private baron, at so early a time of life, when the preservation of Berwick was the great object of the national councils. 3. As William the eldest son of Alexander Seton, governor of Berwick, could not have been born sooner than 1328, he must, if given as an hostage to Edward in. in 1333, have been put to death when he was a child oifive or six years old. 4. As Thomas, the second spn of Alexander Seton, governor of Berwick, could not have been born sooner than 1329, he must, if given as an hostage to Edward in. in 1333, have been put to death when he was a child oifour oifive years old. 5. As Alexander, the third son of Alexander Seton, governor of Berwick, could not have been born sooner than 1330, it follows, that he was a commissioner to treat of peace with England in 1340, at the age of ten. Thus the consequences of this pedigree of the Setons, when viewed in the most favour able light, are inconsistent with all the probabilities of moral evidence.1 Some new hypothesis may, perhaps, be devised in order to prop the old one : The most specious would be, that Christian Bruce might have been divorced from Graitney Earl of Marr, and might, during his lifetime, have married Christopher Seton. This would have the consequence of advancing the birth of her son and grandson some few years ; and, by that means, would, in some measure, soften the deformity which appears on the face of the popular tale. The hypothesis, however, of a divorce, can gain no credit. For, 1st, The very tender age of the child who was heir of Marr in 1306, precludes the notion of such a divorce before 1296, in which year, I am willing to hold, that Graitney Earl of Marr died.2 2nd, Christian Bruce possessed the castle of Kildrummy, the chief seat of the family of Marr, in 1333, which she would not have done had she been divorced from Earl Graitney. The reader will now be led to inquire, Whether the received genealogy of the family of Seton is to be overturned, without anything more probable being substituted in its place? To reduce things into a state of scepticism is very different from what I hold to be the office of an historian ; and they who ascribe this to me do me great wrong. It has been shown, that Alexander Seton, slain at Kinghorn 1332, Alexander Seton, governor of Berwick in 1333, and Alexander Seton, a commissioner to treat with England in 1340, cannot all subsist together, as son, grandson, and great-grandson, of Christian Bruce. The question is, which shall we reject ? 1 If the age of Christian Bruce could be discovered, a collateral argument might thence arise. Let us in quire what may be done in that way. Robert Bruce, the father of Christian, could not have married the Countess of Carrick before 1271 ; for the Earl of Carrick (either her father or her husband) died in the holy wars, an. 1270. As Isobel the mother of Randolph was her eldest daughter, and as her son Robert Bruce was born nth July 1274, it follows that Christian Bruce could not have been born sooner than 1273. If she was born in 1273, she was aged 53 in the year 1326. But we know, from Fordun, that, in 1326, she was married for the third time to Sir Andrew Moray of Bothwell, Lib. xiii. c. 12. It is admitted that she brought him two sons, who were successively Lords of Bothwell. Therefore, she must have borne the elder at the age of 54, and the younger at the age of 55. Now, this is exceedingly improbable ; and, therefore, we may conclude, that, when Christian Bruce was married for the third time in 1326, she was considerably younger than S3, and, consequently, that she was born several years after 1273. Let us see how calculations will answer on the hypothesis, that, in 1326, at the age of 45, she married Sir Andrew Moray ; if so, she was born in 1281, and, consequently, was 15 at the supposed death of the Earl of Marr in 1296, and, as she brought him two children, she must have remained in wedlock for two years, and she must have been married in 1294, at the age of 13. If she married Christopher Seton in 1297, she must have been a widow with two children, and have married a second husband at the age of 16. According to this hypo thesis, it appears that the events of her life were strangely crowded ; but, if we suppose, with Douglas, that the Earl of Marr lived to about 1300, and that Christian Bruce married Christopher Seton in 1301, everything will have a probable appearance. Christian Bruce born . Married Earl of Marr Bare a son, Donald, Earl of Marr Bare a daughter Ellyne A widow .... Married Christopher Seton . Bare a son Alexander . A widow .... Married Sir Andrew Moray Bare a son Bare another son 2 Annals of Scotland, ii. 20. 1281 129S at 14 1296 at 15 1297 at 16 1300 at 19 1 301 at 20 1302 at 21 1306 at 25 1326 at 45 1327 at 4b 1328 at 47 THE BERWICK TRAGEDY 931 If Fordun intended to say, that Alexander Seton, slain at Kinghorn 1332, was the father of Alexander Seton, governor of Berwick in 1333, and the grandfather of William and Thomas, slain at Berwick in 1333, it has been demonstrated that that story is absurd and impossible. For Alexander, the son of Christian Bruce, could not have been above 32 years of age, and, consequently, his grandson could not have been a soldier in the same year. We must either hold, that the son of Christian Bruce was not slain at Kinghorn in 1332, or that the Alexander Seton, who had two sons slain at Berwick in 1333, was not the grandson of Christian Bruce ; and, of course, we must hold, that all the genealogical writers who have supposed this pedigree have been in an error. If we adhere to the first part of the story, and hold that Alexander Seton, the son of Christian Bruce, was slain at Kinghorn in 1332, the tragical event of his grandsons, the young Setons, put to death at Berwick in 1333, is annihilated ; and it must be admitted to have been wholly a fable. But although, by adhering to the first part of Fordun's story, as understood by later writers, we should be relieved for ever of the story of the cruelty of Edward in. at Berwick, yet I cannot lay hold on such evidence. To me it seems probable, that Fordun has either committed a mistake as to the name of the person slain at Kinghorn in 1332, or that the Alexander Seton mentioned by him was some other person, of whose parentage we have no knowledge. And, inclining to be of this opinion, I also think, that the Alexander Seton, who was one of the persons that addressed the letter to the Pope in 1320, who is said by Fordun to have been governor of Berwick in 1333, who was present at Balliol's parliament in Edinburgh 1333-4, and who was a commissioner to England in 1340, was one and the same person, the son of Sir Christopher Seton and Christian Bruce ; and thus the pedigree of the son, grandson, and great-grandson of Christian Bruce will be curtailed, and the events which have been supposed applicable to three Alexander Setons will be found to have relation to one and the same person. Whether Edward III. put to Death the Son of Sir Alexander Seton at Berwick, in 1333. Fordun relates, that the besieged in Berwick obtained a truce from Edward in. and became bound to deliver up the town, unless relieved within a time limited ; that, for the faithful execution of this treaty, Thomas, the son and heir of Alexander Seton, governor of the town, was given as an hostage ; that, after the lapse of the time limited, Edward required those in Berwick to surrender, and, on their refusal, hanged Thomas Seton on a gibbet before the gates, in sight of both his parents.1 Boece, and his imitator, Buchanan, improve on the simple narrative of Fordun, and relate, that Edward hanged, not only the hostage, but also another son of Alexander Seton, who was a prisoner of war. This seems to have been added to heighten the horrors of the narrative ; and it is not improbable that Boece, much conversant in antiquity, might have held it lawful, in certain circumstances, to kill an hostage; and therefore, that, to make the character of Edward completely detestable, he represented him as a violator of the law of nations, by murdering a prisoner. The heroic speech uttered by the wife of the governor is now given up on all hands as a rhetorical fiction. In none of the ancient English historians hitherto published is there any mention made of this cruel incident ; and hence the modern historians of that nation are generally inclined to consider it as a tale absolutely fabulous. Tyrrel, however, has drawn up a narrative from the Chronicle of Lanercost, and the treatise called Scala Chronica, both in ms., which greatly favours the account given by Fordun.2 What he says, when divested of embarrassed expressions, pleonasms, and tautology, amounts to this : ' The besieged obtained a truce for fifteen days, and became bound to surrender, if not relieved within that term ; for this there were given twelve hostages, and, among them, the 1 Fordun, xiii. 27, 28. 2 Tyrrel, iii. 379. 932 EXTRACT FROM THE son of Sir Alexander Seton, the governor. After the lapse of the term, Edward required the governor to surrender ; but he refused. Then Edward, by advice of his council, commanded young Seton to be hanged in sight of his father. This severity so intimidated the other persons whose children were hostages, that they sought and obtained a prolongation of the truce for eight days more, under the condition of surrendering, if they were not relieved' ; and ' that the Scots having ineffectually attempted to relieve Berwick, a capitulation was concluded.' The story in Tyrrel is certainly incorrect ; for we learn from an authentic instrument, Foedera, T. iv. pp. 564-568, that what is called the second truce was not for eight days, but for a shorter space, from the 15th to the 19th of July. To the story, as related by Fordun, and in Tyrrel, there lies a capital objection, which, since the publication of Foedera Angliae, is obvious to every one, namely, ' That Alexander Seton is said to have been governor of the town of Berwick in July 1333; whereas it is certain, from record, that Sir William Keith held that office, and, in the character of governor of the town of Berwick, entered into a negotiation with Edward in.' Mr. Ruddiman observes,1 that it might be answered, ' That, when Sir William Keith, the governor, obtained permission to go from Berwick, and lay the state of affairs before the Regent, he left Sir Alexander Seton as his deputy.' But this solution is altogether unsatisfactory. 1. Any one who peruses Fordun with attention must perceive that he supposed Alexander Seton to have been governor of the town of Berwick from the beginning of the siege. 2. The passport granted by Edward in. to Sir William Keith is dated 16th July, and therefore, if there were two treaties, must relate to the second. Now, if Sir William Keith appointed Alexander Seton to be deputy-governor in his own absence, this must have happened after the second treaty was made, and, consequently, after the death of young Seton, who is said to have been put to death because the conditions of the first treaty were violated ; and this seems effectually to confute the story, that at the death of young Seton his father was deputy-governor in absence of Sir William Keith. Another attempt might be made to get free of this difficulty, and it is by supposing, 'That, on occasion of the first treaty, Sir William Keith obtained a passport to go to the Scottish army ; that he left Seton as his deputy ; that he returned in the interval between the death of young Seton and the second treaty ; and that then he obtained another passport, which is on record, to go again to the Scottish army.' But this hypothesis is awkward and improbable, and is not supported by any evidence. Hitherto the weight of the argument is against the story related by Fordun, and the presumption seems to be for the general opinion of the later English historians. As to the ms. authorities of the Chronicle of Lanercost, I can say nothing, never having been able to discover in what library it is preserved. With respect to Scala Chronica I have been more fortunate, having obtained a copy of what it contains with respect to the siege of Berwick, an. 1333. 2 The reader will not be displeased to see the passage from Scala Chronica ; it brings many curious circumstances to light, and may serve in a great measure to terminate the controversy concerning the death of young Seton. ' Le roy desirant les armys et honors, et soun counsail enprovauntz et coveittaunz les gueres, qy tost sez acorderent a. cest conditioun, et le plus tost par desire a. reconquer lors pris sur eaux, par queux ils le avoint perduz. Des plus prive" du counsail le Roy moverent ove Edward de Baillol. Qui en le second semayn de qarresme assigerent la vile de Berewyk par mere et terre; et procheynement devaunt la Pentecost, le Roy d'Englet. y veint meismes, et assaillerent la vile, mais ne la pristrent point ; mais reaparaillerent meutz lors horduz pour reassailler la dit vile. En le meme temps ceaux dedenz la vile parlerent de condiciouns, que sils ne ussent rescous devaunt un certain jour, qu'ils renderoint la vile ; et sur ceo baillerent hostages. Devaunt quel temps limitez tout le poair d'Escoce, un si graunt multitude dez genz qi a mervail, passerent l'eaw de Twede en un aube de jour a, le Yarforde, et ses monstrerent devaunt Berewik del autre Twede devers Engleter au plain vieu du Roy et de son ost, et bouterent gentz et vitaillis dedenz la vile, et demourerent la tout le jour et la nuyt. Et 1 Not. ad Buchanan, 429. by Archbishop Parker. The Rev. Mr. Nasmith, late 2 The manuscript of Scala Chronica is in the library Fellow of that College, transcribed it for my use with bequeathed to Corpus Christi College in Cambridge, a ready politeness which enhanced the favour. SCALA CHRONICA 933 lendemain a haut hour delogerent et moverent parmy la tere le Roy en Northumbreland", ardauntz et destruyauntz le pays au plain vieu del ost as Engles. Cestes gentz departys a la maner le counsail le Roy al assege demanderent la vile selonc lez condiciouns, le terme passe de lours rescous. Ceaux dedenz disoint, qils estoint rescous et dez gentz et des vitails. Si monstrerent novelis gardeins de la vile et chevalers eynz boutes de lour ost, dount Willm de Keth estoit un od autres. Fust avys au dit counsail qe ils avoint perduz louz ostages. Si firent pendre le fitz Alex, de Setoun gardeyn de la vile. Cest ostage mort a la maner, lez autres dedenz la vile par tendresce de lours enfauntz q'estoient ostages, renovelerent condicioun par assent des chevalers einz boutes as queux estoit avys qe lour poair d'Escoce surmountoit le ost le Roy d'Englet. Si pristrent tiel novel condicion qe devaunt lez xv. jours ils butroient ij centz homs darmis par force par sek tere dedenz la vile entre l'ost des Engles et la haut mere, ou qe ils lez combateront au playn. Willm. de Keth, Willam de Prendregest, et Alex. Gray, chevalers qestoient einz boutez dedenz la vile avoient conduyt a. passer parmy l'ost devers lour gentz d'Escoce, od cest condicioun qe furent amenez par conduyt parmy Northumb. qi lour ost d'Escoce troverent a. Witton-Undrewod, et les reamenerent a Berewik a. performer lour rescous, ou ils vindrent combattre, et ou ils furent descounfitz. Archebald de Douglas al hour gardein d'Escoce de par le Roy David de Brus fust la. mort, lez Countis de Rossce, Muret, de Meneteth, de Levenaux, et de Suthirland, furent la mortz. Le Seignour de Douglas Fitz James de Douglas qi morust en le frounter de Cernate sur lez Sarazins, qavoit empris cest saint veage od le quere Robert de Bruys lour Roys qi le avoit devise en soun moriaund, et touz plain dez barouns dez chevalers et dez comunes furent illoeqs un tres graunt noumbre mortz. La vile se rendy sur condiciouns taille. Le Count de la Marche qavoit le chastel de Berewik a garder, deveint Engles, qi n'avoit my graunt gree de nul coste, qi en le mene temps fist affermer par suffraunce le Roy soun chastell de Dunbar, qi puis fist grant mal.' That is, ' The King was eager to be at the head of armies, and to gain renown. His counsellors approved of war, and wished for it : And therefore, they speedily agreed to the conditions proposed (by Balliol and his adherents). And this the rather, because they sought, by the means of the Scots themselves, to recover what the Scots had taken from England. Some of the chief counsellors of the King went with the army of Edward Balliol : and, in the second week of Lent, they laid siege to the town of Berwick, by sea as well as on the land side. And shortly before Whitsuntide, the King of England came thither in person. They assaulted the town ; but they did not master it. Then they busied themselves in repairing their hurdles for a new assault. At this time, the besieged entered into a treaty with the besiegers, and agreed to surrender the town, unless succoured before a certain day : And to that effect they gave hostages. Before the day thus limited, the whole power of Scotland, in astonishing numbers, crossed the river of Tweed one morning at daybreak, at the Yareford, and showed themselves before Berwick, on the south side of the river, towards England, in full view of the King and his army. They conveyed some men and provisions into the town, and they remained on their ground all the day and the night following; and next day, before noon, they removed into the territories of the King in Northumberland, burning and ravaging the country in full view of the English army. These men having thus departed, the King's counsellors required the town to be given up, as the term stipulated for their being succoured had now elapsed. The besieged made answer, that they had received succours both of men and of provisions ; and they showed that there were new governors in the town, and also knights, who had been sent from their army. Sir William Keith was one, and there were others besides. It was the opinion of the English council that the Scots had forfeited their hostages, and, therefore, they caused the son of Alexander Seton, governor of the town, to be hanged. On his death, after this sort, the other people of the town, from affection for their children, who were also hostages, renewed the treaty of capitulation. The Scottish knights who had found entrance into the town, advised them to this, being of opinion that their forces were superior to the army of the King of England. By the new conditions, it was agreed to surrender the place, unless, within fifteen days, the Scots should either throw 200 men at arms in a body into the town by dry land, between the sea and the English army, or combat (and overcome) the English army in open field. William de Keith, William de Prendegest, and Alexander Gray, all knights who had thrown themselves into the place, had a passport to go through the English camp to their 934 SETON'S SONS, OR THE countrymen in Northumberland. They found the Scottish forces at Witton Underwood, and brought them back to the relief of Berwick. The Scots fought, and were discomfited. Archibald Douglas, then Regent of Scotland for King David Bruce, was there slain, together with the Earls of Ross, Murray, Menteth, Lenox, and Sutherland. The Lord Douglas also fell. He was the son of James Douglas, who perished on the frontiers of Granada, in battle against the Saracens. This James Douglas had undertaken that holy expedition with the heart of Robert Bruce, King of Scots, in consequence of his dying request. There were slain, besides them, many barons and knights, and a great multitude of the common sort. The town surrendered according to treaty. The Earl of March, who held the castle, became English ; a man lightly esteemed by all parties. At the same time, by permission of the English King, he fortified his own castle of Dunbar, which afterwards had fatal consequences.' Such is the narrative in Scala Chronica, of which Leland has made this very brief extract : ' After that the hole Englisch hoste had faught with the Scottes, and had so great a victory, the toune of Berwick was given up to King Edward.' 1 The narrative of Scala Chronica appears, in general, to be authentic, although not altogether free from errors. From it we discover the solution of that difficulty in the accounts given by the Scottish historians, which hitherto has been inexplicable ; namely, ' how Sir Alexander Seton could have been governor of the town of Berwick in July 1333, while it appeared from record, that, at that very time, Sir William Keith was governor.' We now learn, that Sir Alexander Seton had been originally governor, but that Sir William Keith, having found means to enter Berwick towards the end of the siege, assumed the command, with a view, no doubt, to favour the pretext of Berwick having received succours, according to the letter of the treaty. Hence, also, we may discern why the English were so exceedingly minute in the second treaty, as to what should be held as succours to Berwick. It was to prevent any ambiguity like that which had arisen from the too general terms in which, as it seems, the first treaty had been conceived. The right of putting an hostage to death, when the conditions of the treaty, for which he was given in pledge, are not performed, has been examined by the writers on the law of nations, more diligent in collecting precedents than in establishing principles? That parties contracting may agree to give some of their own number as hostages, to be put to death if the treaty is violated on their part, appears to be a proposition of more difficulty than is generally apprehended ; but that they may agree to give their children as hostages, under such con ditions, is repugnant to every notion of morality ; and, therefore, I neither pretend to justify Sir Alexander Seton for exposing his child to death, nor Edward in. for killing him. 5. Ballad of 'Seton's Sons, or the Beleaguering of Berwicke,' from Sheldon's Minstrelsy of the English Border. [Referred to at p. 84 note 2.] ' My Mither weeps, my mither greets, And winna comfort tak, Pray for my soule all Chrystan Men, For holy Chryste his sake. ' I hearde a sweet bird sing solemnlie, This simmers early morn, The mavis he lilted, the cushat crooned, Whilst the laverock cheep'd in the corn. ' The Englysh Kyng hath broughten schyps, To ding down Berwicke Wa' ; They 've rowed them up by the san ston seel, And the anchors loot doun fa'. 1 Leland, Collecta., i. 554. 2 Grotius dejure Belli et Pacis, iii. 4, 14. BELEAGUERING OF BERWICKE 935 ' They threw shotte from the Tweedmouth shore Syne o'er the hill it passed, But my auld feyther laughed at the sport, And still the gates held fast. ' They rowit a schyp close to the quay, And their yardis touchit the wa' ; The saylor loons cloomb up the shrowds, And along the banks they sta'. ' But my feyther he loupit out from the stane, That was biggit firmly doun ; I wat he handled the saylors sayre, And broke the foremost croun. ' He fixit a tow, and let in a low On Kyng Edward's loftie schyp ; She lunted in the heavens sae high, Then canted in her tryp. ' We made a foray upon their camps, The brig we barred up well ; How I and my brither Richard got ta'en Was wycked wark o' hell. ' Hugh Elliot — oh ! thoust dune a deed, To earn a traytors name, In heat o' fyght, he closed Brig gates, And left us to be ta'en. ' Kyng Edward now swears by the roode, He '11 hang up both sae high, Gif my feyther winna Berwicke yield. The de'il flyte hym ere he flee. ' My mither weeps, my mither greets, And winna comfort take ; Pray for our soules all Chrystan men, For holy Chryste his sake.' Lady Seton was wauking yet, And sat in her lonely bower ; The yewe and the lammie had layd doun to rest, But the mither she wept in her tower. ' My luvely lord, why sorrow sae, Gif Yedward will make sic dinne, Gyve up the gates o' caud Berwicke My sons soulis do not sinne. ' It is my bonnie sons that lie In chaynes sae glum and doure ; It was their voices that I heard Call on me frae the shore. 1 They cried, " Oh ! we are baith too young, To wear halters on our hawse ; My mither dear, speak for our lives, Our feyther 's no that fause. 936 SETONS SONS, OR THE ' " Let him gie up the Berwicke keys, When Percy toots his horn, Or we shall die nae faire strae death, Upon to morrow's morn." ' Seton he groant in trouble sair, As he stampit roun the roome : ' What have I done good honey Chryst, That thou suldst deal this doome? ' Feeling is strong, but duty more, What dule so e'er it bryng ; How coulde I gie my trustis uppe Wi' conscience to my kyng. ' My name as yet is fayrly dight, Och then in my last breath, Dinna let 's fyle the precious gift Wi' the sorn o' a base Menteath. 1 Better my buirdly sounes suld die, A thoosand tymes,' he sayd, ' Than lyve and see their feyther shunned As a knycht dishonnered. ' Duty and feelin fecht within, O then my luvely wyfe, Never weigh honour on the Steele, Against disgracefulle lyfe.' The ladye moant and the ladye wept Sic byg drops she loot fa', The pearlis on the Queen her hawse, I wat to them were sma'. Quo she, and wringt her lily handes, Like one in trouble sair ; ' Duty is natheless hard to thole, But feeling it is mair. ' We may recover our honour, luve, But never our sonnes sae dear : A mither's tears will not be held By any talk or lear.' ' Thou reasonst falsely, ladye luve, For honour, it is playne, Once fyled or misted with distruste, Will ne'er grow fayre agayn. I will not do it, sae help me Chryst,' Quo he, ' I '11 keep gude fayth ; I winna yield the Berwicke toun, Come a' my sonnes to scaith.' She rowed her head in her whyte wymple, Syne laid it on a buird, Looked in his eye wi' siccan a face, But never spak a word. BELEAGUERING OF BERWICKE 937 He 's cast him doun upon a stool, Sae doure and grym his woe, The blood sprang frae his lips sae whyte, As he rockit to and fro. Fytte Second. ' King Edward he had mynstrels fyve, And they sung a' each their sang ; When he soddenle strak the buird wi' his fist, That the Chrystalrie all rang. ' Gae up intill that auld traytor, That dwells in yon bear march toun ; Tell him, I redde he tent my words, Or ere the nicht be dune. ' Lorde Percy this shalt thou tell this carle, I hold his sonnes in fee, And if he disna yield the morn, Hangit they baith sail be.' Lorde Percy he rose frae the buird, And to Berwicke bent his waye : ' My feyther's sonne never so base an errand, Before this nicht did gae.' He chappit upon the brigs middle yett, ' I come wi' a worde o' grace, Sae tak me to your Governor, For I maun see his face.' They blynded his e'en as they gaed up the bank, And alang the Berwicke wa' ; Syne o'er the drawbridge abune the ditch, And into the castle's ha'. They lifted the bendish frae his e'en, In the banquet ha' sae high ; ' Lord Seton I come to save your sonnes, Or surely maun they die. ' Gin ye yield no the Berwicke keys, Kyng Edward he has sworn, By Chryst his rood to hang them baith, As falls the coming morn.' Seton he gaspit and he girned, And shewed his teeth sae whyte, His e'en were glaikit like a man's That 's strycken wi' affryghte. Quo he, ' Lorde Percy, dinna thynk I speak your lugs to blaw ; But let him spare my twa brave sonnes And at his feet I '11 fa'. 6c 938 SETON'S SONS, OR THE ' And wat them wi' these happing tears That wash my auld auld e'en ; That channel doun these wrynkelets, Gin he will list bedeen.' ' My bairnies,' quo the mither then, ' That I hae kist sae aft, Canna we save them frae their death, But sic a pryce we coft. ' Thare pretty necks I 've slibber'd sae : Ah ! Percy, gentil lorde, To hae them raxed upon a tree, And strangled wi' a cord ! ' O Jesu ! 'tis unkenned the wyte Upon my herte sae sair, To hang my bairns, or mak their feyther Disgracit for ever mair.' ' My honour, gentle, gentle lord, I weepe to mak me blynde, How shall I gyue the keys to him, And yet my honour fynd ? ' My childiren are deere to me, I 've hyked them in these arms ; Baith have their mither's voice and feyce, My blude theyre bosom warms. ' I '11 die for them, gif your kyng likes, And freely do the same : Oh Percy ! tell me what to do, Save them, and scaith all blame.' Percy he fidgit to gang awa', And syne he rubbit his e'e ; ' Curse on the stoure, it blynds one sae, The de'il a thyng I see.' He joukit cannily oot o' the room, For the leddy she grippit him sair ; And Seton he bow'd him to the yett, Syne doun the ramparts stayre. They biggit a gallows on hangie dyke neuk, And the hangman came there betyme, The cock crow'd loudly o'er the muirs, ' Seton's sounes, 'tis matin pryme.' The trumpets sounded out oure the Tweed Wi' a blast o' deadly sound ; Auld Seton and wyfe gaed up on the wa's, For theyre sonnes to death were bound. They kent the tread o' their gallant bairns As they cam forth for to dee ; Richard he mounted the ladder fyrst, And threw himself frae the tree. BELEAGUERING OF BERWICKE 939 William he was his mither's pride, And he looked sae bauldly on : Then kyst his brithers lyefless hands, When he fand the breath was gone. ' My feyther he looks frae the castle wa's, My mither and friends are there ; To die a cur's death, for na faut ava, Gude feyth, — but 'tis dispayr. ' But there 's a heaven abune us a', And a kindly God forbye ; And a burning hell as Edward sail ken, When the day comes he maun die. ' My mither weeps and my mither greets, And winna comfort tak ; Pray for my soule all Chrystan men, And holy Chryste his sake.' He leaped from aff the bitter tree, And flauchtered in the wynd, Twa bonnie flowers to wither thus, And a' for yae man's mind. O ! there was a shriek rose in the air, So wylde, so death lyke gien ; A mither's wail for her gallant bairns, Such sight was seldom seen. It called the grey gull frae the sea, For he wist his mate had spake, Never a mither in city walled, Wi' a heart that wadn't break. Scarce had the breath been out o' their bouks, When Douglass he cam in, And brought relyf to Berwicke's town, Wi' fifteen hundred men. They drave pale Edward o'er the hill, And burnt his hail schipping ; But all the blood could never lyfe Unto those twa lads bryng. Douglas he fired ane hospital, And the wounded English shrieked sair ; ' So crys a ration,' said grim Douglass, ' When the hindis smoke their lair.' He tuke a wealthy merchant wight With three more o' his countre syde ; And stringt them up on the same gallowes, Whare Seton's bairnies died. They proffered him the gude red gold, But he aye cry'd ' Seton's sonne : Did ye count down the haill o' Englande's wealth, Ye suld hang till the lyfe were dune.' 940 'CHRYSTAL'S CHAPEL,' DUMFRIES 6. Charter of 'Chrystal's Chapel,' 1323, from M'Dowall's History of Dumfries, 2nd Edition, p. 765. [Referred to at p. 78 note.] Charta Capellani celebrantis pro anima Christopheri de Seton. Robertus, Dei gratia Rex Scotorum, etc., Christopherus de Seton, miles, dilectus noster mortuus est in servitio nostro, ac Christiana de Brois, sponsa sua sororque nostra dilecta in loco quo mortem subiit prope Drumfreis, in honorem crucis Dominies quandam Capellam fundavit et extruxit : Sciat ; propter benevolentiam et affectionem quam non immerito erga dictum quendam Christo- phorum habuimus Donavisse Dedisse et Confirmasse uni Capellano in eadem Capella pro anima dicti Christophori animabus omnium Fidelium Divina in perpetua celebrare ; ac pro nobis et heredibus nostris Regibus Scotis presentando centum solidos Strivilingorum annui reditus per manus Vicecomitis nostri de Drumfreis, et Balivorum suorum qui pro tempore fuerint de annuo reditu nobis de dicta Baronia de Carlaverock ad terminos Pentecostes et Sancti Martin, proportionaliter, singulis annis in liberam puram et perpetuam eleemosynam recipiendos. Quare Vicecomiti nostro de Drumfreis et Balivis suis qui pro tempore fuerint precipimus et mandamus quaternos dictos centum solidos annui reditus dicto Capellano, ad terminos predictos plenarie persolvant in perpetuam. Quos quidem centum solidos predicto Vicecomiti et Balivis suis qui pro tempore fuerint in computis sui annuis volumus pro nobis et heredibus nostris plenius collocare. In cujus rei fidem, etc., apud Berwicum supra Tuedam ultimo die Novembris anni regni nostri nonodecimo, etc. — Robertus Brussius, Scon coronatus erat 1306, mense Aprilis. — General Hutton's mss., in Advocate? Library. 7. Notes by John Riddell, Advocate, under 'Seton, Earl of Winton,' in his Copy of Douglas's Peerage of Scotland, now in the Advocates' Library. [Referred to at p. 59 supra. ] I. Secher de Say, who possessed lands in East Lothian, was succeeded by his son Philip. For several Winton papers and those of Garleton and the Larg(?), see bef. 132 (1) about middle and the very end. For Winton papers in top of the Parliament House, see b. m. 126 midd.1 — Douglas's Peerage of Scotland, vol. ii. p. 638. For American Setons and those connected with the Cayley Family in England, see b. m. 145 towards the end: also Correspondence between me and George Seton in America, a logymachy. There is a separate parcel which lies lower, of the Barns Setons: com munication from Mr. Cayley about Seton, including the American ones: also b. m. 145 towards end. (On margin of column 1 page 638.) An Alexander de Seton is witness to a charter of Riddell by David the First ; must at least have been before the year 1159. Vide Nisbet's Heraldry, vol. 2, App. page 295, new Edit. He is there simply designed ' Alexandra de Seton.' (Foot of column 2 page 638.) Willielmus Dei gratia Rex Scotorum Sciatis presentes me dedisse, etc. Philippo de Settone terram illam que fuit Saheri patris sui, viz., Settone Vintone et Vinchbrughe— Testes sunt— David Comes frater meus Duncanus Justiciarius Richardus de Morvill Constabularius Walterus Olifurd Alanus Dapifer noster et Will6 de Lundy. Apud Streueling ano regno nr1 5t0 (i.e. 1 1 70.)— Copy from original by Anderson, author of Dip. Scot., who appears to have got hold of many of the Winton papers. Vide Genealogical Collection, v. 1, p. 108. 01 I have failed to ascertain the meaning of this apd certain other references. JOHN RIDDELL'S NOTES 941 (Notes top of column i page 639.) Petition (1668) by Sir John Seton, Lieut, to the Scotts Guard of the King of France for a Borbrieff. He had got a testificat from Earl of Winton and Viscount of Kingston, b. m. 41 near beg. Carta facta Sahero de Seton filio Dugalli per Rogerum de Quincy Comitem Wintonie et Constabularium Scotie, of 20 mil out of mill of Tranent belonging to the Earl : W" Will0 de Bosco Duncan Sybald Will0 de Haya, etc., militibus, etc. — Gen. Coll. v. 1, p. 114. (Roger, E. of Winton, was E. of Winton from 1221 to 1264.) Vide Nisbet, vol. 2, Exterior Orna ments, p. 15, for a description of Earl's Seal, which had a winged Dragon in it. Roger de Quincy could not have been Constable before 1234. (Column 1 page 639.) At the end of the printed account of [Sir Alexander Seton of Seton], Mr. Riddell has written after the words ['chamberlain of Scotland, a son'] IV. Bertramus; and has the following note on the margin : — Carta Confirmt. cont. fact. Bertramo filio Alexandri de Settone per Patt. de Dumbar Marchiarum Comitem, terrarum de Richel-Kelloch, etc. Testibus Willielmo Glasguefi Epo. Cancellario nro Ranulpho de Soulis, etc. — Gen. Coll. v. 1, p. 115. Also another to him de toftis in villa de Tranent. Carta Will1 Regis Scottorum facta Alexandro filio Philippi de Setton, terrarum quae fuerunt patris sui, viz., Settone, Vintone et Vinchburghe. T. Hugone Cancellario, Saero de Quincey Phillipo de Vallon Camerario, etc. Vide Gen. Coll. v. 1, p. 114. Also witeB Hugone Cancellario Saero de Quincey Phillipo de Vallon Camerario. (Foot of column 1 page 639, under 'V. Serlo,' etc.) Comput. Alexandri Cumyn Comiti Buchan Custodis duarum partium terrarum quondam Rogeri de Quincy in Laudonia fact, per Serlonem de Setun militem alternatim summa re recept. ejusdem per firmas duarum partium et per duas partes de Travyrnent et duas partes de Noderyf, Lauedir, Heruyt, et Mertin, etc., afio 1264, prntd Chan. Rolls, v. 1, p. 52. Note to ' Alisaundre de Seton, vallet,' among the Barons of the county of Edinburgh. Vallettus is probably equivalent to ' escuyer,' and means a lower degree in chivalry. Carta facta per Alexandrum de Seton de eodem Ade de Polilluey au (et ?) Emma sorore sua. — Gen. Coll. v. 1, p. 116. WeB Davide filio Comitis Humphredo de Baliol, Willielmo de Balfour, Will0 de Grahame et Constantino de Lochor, ib. John Seton of Seton e£ in (sic) Yorkshire, and of certain lands in Cumberland, md a Lady called Emma, by whom he had Sir Cristopher. He is probably the same John Seton who swore fealty to Edward 1. among the Barons in Dumfriesshire in 1296. Vide my Statement in Portfolios at (sic) Seton. Edmund Manlay obtained from Ed. 1. a Grant of the Manor of Seton in Whitling Strand (in Com. Ebor.) which was part of the lands of Christopher Seton, who md sister of K. of Scotland, Dug. Bar. vol. 1, p. 737, Manlay. Rex concessit Petro de Malolaia . . . custodi manerii de Seton in Whity Strand juxta Mulgemene — in Com. Eboracensi 41 Ed. 3. — Gen. Coll. v. 1, p. 471. John Seton=Erminia Lascells. Cristopher=Christiana Bruce. John. Cumbr 'R. Rico Oyselen' ult Trentsalt. quia accepimus per inquisi5em quod Johes de Seton def p cartam suam dedit et concessit Roberto de Brus et Christiana? ux' ejus villas de Gamelsby et Unthank in com' Cumbr' tenend eisdem Roberto et Christianas et heredibus de corporibus suis legitime procreatis, etc et°, qctq, Cristopherus de Seton filius predicti Johis est heres ejus gropinquior et plene etatis cepimus homagium ipsius Cristopheri de villis pre dicts et ' et ideo vobis mandamus qd accepta securitate, etc., de racionabili relevio suo,' ib. p. 145 Ed. 1. 33 (1305). — Abbreviatio Rot. Orig. Secan. (?). 942 JOHN RIDDELL'S NOTES Eod modo mon' R. Ermina que fuit ux. Joftis de Seton qd cu ipsa in curia R. apud West, recupasset seisinam suam v' Edmundum de Malo locu de quadraginta sex solid et octo denariar. dit3 cu ptis Suthbrunie (2 E. 2, p. 166). — lb. 1309. 'Xfoforus de Seyton qui cum Johanne Buteturle in ofes. R. in partibus Scotie moratur habet literas Regis de protectione dns' ut supra.' 31 Ed. i, Rot. Scot. p. 52. — 1303. Cristoferus de Seyton qui cum Johanne Buteturle etc. habet literas R. de respectu debi- torum R. vie. Ebor. T. R. apud Kynlos xix. die Sept. — Ib. ' Item Margerie, la fille Robert de Brus soit liveree a Monsieur Henry de Percy por la mettre en Engleterre, en sauve garde, d'ausint Cristine la soer le dit Robert qi feut la femme C'ustefre de Seten, por estre mise en garde en Engleterre, en meisme la manere' (among) Nomina plur. qui secut. Robertum Brus et missi in Prisona Anglise. — R. F. p. 1014, v. 2, 1306. Dispensat. for. ' nob. viro Andree de Moravia dfio de Bothevile et . . . Nobili Mulieri Christiane de Setono Nate quondam Roberti de Bruys GlasgueS Dicoi.' a.d. 1326. — And. Stewart's Hist. p. 429. 'De Sorore Roberti de Brus liberanda. Mand. est Priori de Siphill ordinis de Sem- pryngham quod corpus Christianae, Sororis Roberti de Brus, que fuit uxor Christopheri de Seyton et quae in domo ipsius Prioris sub custodia sua existit vicecomiti Regis Lincolnia? sine dilatione qualibet, liberet,' to be brought to the K. at York. Rex concessit Willo C Latymer in fido duas partes Manerii de Lambinby in Com. Cumbri' ac etiam hamlitta Salmesby et de Unthanke nuper Christopheri Seton rebellis per Servic. debit. 34 Ed. i, 1306. Vide p. 31, v. 2, Dug. Baronage. — Rot. Pat. p. 66. De inquirendo pro Tho' de Lascelles et Christiana ux. ejus de Maner. de Gaucessleby et Glaussanby in Com. Cumbri. 42 Hen. 3, 1258. — Rot. Pat. p. 30. (Top of column 1 page 640.) Resignatio unius terrse arabilis in territorio de Nideriffe facta Dfio Alx° Settone militi per Johm Lamberton fil. Will1 Lamberton 16 Feb. 1328. — Gen. Coll. v. 1, p. 113. See Rob. Ind. . . . and Excerpts from ms. British Museum for proof of Langton by Alexr Seaton. (Top of column 2 page 640.) Nation. Chan. Rolls, v. 1, p. 335 aiio 1359 of 'Baronia de Lambyngston,' Lanarkshire. Resignatio facta Dfio Alx° de Settone de eodem militi terfm de Lambingstone per Johem de Lambingstone fili8 primogenit. Will1 de Lambingstone ano 1328. — Gen. Coll. v. 1, p. 123. Alx° de Seton patri ad gridere faciend. g nuptiis (of Dod. 2) anno 1328. Printd Chan. Rolls, v. 1, p. 23. Dfio Alx° de Seton Senescallo dfii Comitis de Carrik, ib. p. 62. So much received by Shffs afio 1329, ib. p. 91, from Alx° de Seton pro introitu Baronie de Lambyniston dfio Alex0 de Seton, Serv. domus Comitis de Carrik, ib. ano 1329, p. 92, by what nafio (?) at p8 152, 153, he appears to have been Receiver General of the Kingdom; he certainly seems to have been a great public character. Sir Alexander seems to have had complete superintendence of Earl of Carrik's House hold, mid. p. 118, 119, etc. etc. After the printed footnotes at the end of column 2 p. 640, Mr. Riddell has the following note :— ' Lands of Culloden in hands of Dni Alx1 Seton de quibus respondebit ano 1337. Printed Exr Rolls, v. 1, p. 243.' (Column 1 page 641.) [3 William, drowned, etc., in July 1333.] 1 [VIII. Margaret Seton, heiress of Seton, married Alan de Wyntoun.]— [Wyntoun, ii. 267 ; Fordun, ii. 337.] 1 Indite proeliando Patre spectante de muris Willua de Seton infra naves suhmersus.' IN DOUGLAS'S PEERAGE 943 (Foot of column i page 640.) Family of Winton. Aleyn de Wynton swears fealty to Ed. 1. among Edinburghshire Barons, afio 1296. Vide Gen. Coll. v. 1, p. 13. Aleyn de Wynton and Thomas de Wynton swear fealty among Ayrshire Barons, ib. p. 18. G5de de Wynton also swears fealty among Barons of Edinburgh shire, ib. p. 23. Charter by Rob. 1. to Andrew Douglas, of the lands of Cresswell, 'que fuit quondam Henrici de Winton] in barony of Carnwath, Lanarkshire, p. 8. Charter to Ade Forrester, of two parts of the lands of Wrighthouses, by resignation of Henry Winton and Amy Broun, Rob. 2d, Rob. Ind. p. 124. Charter by Robert Maitland to Robert Winton, of lands in the town of Cronbies and Auchindalde in barony of Cronby, and lands and town of Clese, Fifeshire, Rob. 3, ib. p. 149. Also ib. to Robert Winton of the barony of Hird- manston, called Curry, Edinburghshire. ' Domino Alano de Wynton, Domino Milone Corbet, Domino Alexandro de Seton, Dfio Roberto de Sancto Claro, Alano de Fausid, Will0 de Trawernent,' wit8 to Grant by Petrum de Grame to Soltray, of so much arable land in Elwyn- ston.— Char*y of Soltray. Adv. Lib. M'Farlan's transcript, Dip. Coll. p. 151 vol. 2, Jac. 5, 4, 23. This charter is, I think, before the year 1300. Ingelram de Winton witness along with a Mortimer, etc., to an old deed before 1400, probably Douglas Charter Chest b. m. 31 before midd. A charter by 'John de Maxwell, filius quondam Domini Johannis de Maxwell de Pencatelands militis,' of Patronage of Church of Pencateland to Dryburgh, supposed to be circa 1343, is witnessed, inter alios, by 'Alexandra de Setton, Domino ejusdem — Ingeramo de Wynton, Domino de Fenton — Hugone de Wynton.' Prefix and Appendix to the Dry burgh Chartulary, anno 1847, presented to the Bannatyne Club by John Spottiswoode, p. 271. An Ingelram Winton undertakes to challenge any one in the 15th century, I believe, who claimed right of Lord Erskine to the Earldom of Mar, as the Mar writs ? (Column 2 page 641.) [IX. Sir William Seton of Seton — quondam Willielmum Seton de Echt fratrem quondam domini Alx1 Seton prope Setofl. — Exchqu. Roll. b. m. 26 midd. — the only son], etc. etc. (At top of column 2 page 641, Mr. Riddell has the following notes.) Charter of Confirmation by William, ist Lord Setton, of a Grant by David de Anandia, miles, to the Moniales at Haddington, of coals ex villa sua et Baronia de Tranent. Donatio est Apud Myllis 26 Nov. 1380. Confirmed apud Setton 'cum consensu Johannis filii et heredis nostri' 6 Oct. 1404. — Gen. Coll. v. 1. p. 109. Willielmus de Seton Dominus ejusdem nepos et hseres quondam Alexandri Seton de eodem confirms 'terras de Dundas Jacobo de Dundas,' etc., 20 September 1406. Vide charter quoted in Nisbet's Heraldry, v. 2, p. 268, new Edit. — quondam Willielmum Seton de Echt fratrem quondam Domini Alexandri Seton prope Seton/per Excheqr Rolls, b. m. 26 midd. (On margin of column 2 page 641, opposite the eighth line from the top.) Charter produced by King David out of the Register to Adam Blantroddoky, of the lands of Cragy Westermalar, Perthshire, which belonged to umquhile Johne of Seton, K*, and came to Crown by forfeiture of the ' dochter and aire of the saide umquhile Johne' 1507. — Act. Dom. Con. vol. 19, p. 66, b. m. 6 beg. (Another note on margin of column 2 page 641.) 'An Alexander Seytton was . . . coheir with Maule of the Barclays (?) of Breti (Brechin ?), early in the 15th century. See Excerpts from the Panmure Inventory ms. 145, not far from beg. There is more upon this subject in an early ms. that I got from Will. Maule, with other Maule notices.' (Page 642, top of column 1.) ' X. Sir John Seton of Seton, the eldest son, miles acerrimus, etc.', note as follows : — 'Non onerat de quatuor libris da? pro una pipa vini dno Johanni de Seton,' afio 1410. — Chan. Roll. v. 3, p. 35. 944 JOHN RIDDELL'S NOTES For grants of lands of Seton to Dundas family more than four centuries ago, see b. m. 107. Carta Confirmat. Robert.3 3ti0 Regis Scotorum of a charter Will1 domini Setton, de quadraginta lib terr. de Barns filio suo et heredi Johanni de Settone et Catharine de Sancto Claro ejus sponse, 3d year of his reign. — Gen. Coll. v. 1, p. 111. Dn. Johanne de Seton dfio ejusdem, witness in 1416 to charter by Archd E. of Douglas to David, cousin of the Earl, b. m. 107 at beg. (On margin of column 1 page 642.) Discharge to John Lord Settone by Geo. Dunbar, son and apparent heir to Geo. Earl of March, of 300 merks Scots money given in tocher with his sister Janet, afio 1413. — Gen. Coll. v. 1, p. 109. Charter 'Charissimo consanguineo nostro Johanni Domino Setton filio Willielmi quondam Domini de Setton,' by Archibald, Earl of Douglas, of the lands of Althum, Roxburghshire, 4 March 1409, ib. p. no. ' Sir Will. Crichton had intromitted with the Seton and Winton estate, then in ward after the death of late King as well as others, in payment " sponse quondam Jorii de Seton de eodem militis pro tertia sue."' Exch: Roll, beg. 1436, and d. b. m. 133 after middle. 'Jofte de Seton dfio ejusdem' witness to quitclaim by ... in 1426, b. m. 117 at beg. Deed in reference to land of Bbrd, 14 May 1402, where there is mention of Willielmus de Seton miles dominus ejusdem dilectus frater meus Patricius Fleming dilectus frater meus (is this last correct ?) David Fleming de Biggar. Witnesses, Andrea de Hamylton Willielmo de Boyd, Alexandro de Seton, Johanne de Scougal, et Patricio de Wynton ; dated at Seton. — Wigton (Winton?) Charter Chest, b. 117 at beg., and see p. 632. (Top of column 2 page 642. — 'XII.') Dispensatio Nobili Georgio de Seton militi et nobili mulieri Margarete Stewart et afio 1436 Dispensat'. — Andrew Stewart, p. 462. Payment ' domino Will0 de Crichton Capitano Castri de Edinburgh — Georgio de Seton militi primogenito Willielmi de Seton et Janeta de Seton matris dicti Georgii,' 1434, lands of Winchburgh then in ward, ib. b. m. 133 (a) alludes to Halyburton and coals in Tranent. See p. 641. (Top of column 1 page 643. — ' XIV.') Charter by James 4, August 14, 1505, to Thomas Copland, of half of the lands in the barony of Kinedward, which are stated to be in King's hands by nonentry since the death of John, Earl of Buchan, Constable of France, avi quondam Johis Comitis Buchanie, con- sanguinei nostri Georgius dominus Seyton legitimus et propinquior heres existit. and b. m. 55 at beg. (On margin of column 1 page 643, opposite) 'XIV. George, second Lord Seton,' etc.:— 'George Lord Seyton, lawful heir of John Earl of Buchan, Constable of France, 1505. — Great Seal Record, b. m. 55 beg.' (Column 2 page 643, opposite) 'He married Lady Margaret Campbell, etc' Contracted by Indenture, 14th Sept* 1469, to her. — Gen. Coll. vol. 1, p. no. She was then 12 years of age, her tocher 100 merks. (On margin of column 2 page 643, opposite) 'where she died in 1558,' etc. 'Jane Hepburn, Lady Seton, relict of umquhile George Lord Seyton, 8 July 1557, b. m. 90, immediately after midd.' (At top of column 1 page 644.) Beatrix Seton, Helen Seton, Marie Seton, drB of umquhile Geo. Lord Seyton, 1549, b. m. 14, considerably bef. middle. Rob. and Marie Seyton, son and dr of umquhile Geo. Lord S. Marie Peir their mother, and under curatory of Lord Erskin, 1565, b. m. 45 at beg. (On margin of column 1 page 644.) 1. Marian, servitrix of Queen Mary of Lorraine, etc. 'John, earl of Menteith, ag* Geo. IN DOUGLAS'S PEERAGE 945 Lord Seton ' as to m. contract bet. him and 'Marion Seton, called Servatrix ' of Mary, Dowager of Scotland, 1551, b. m. 14 before middle. (On margin of column 1 page 644, opposite) ['3. Eleanor, married to Hugh, seventh Lord Somerville.'] See b. m. 44 in two places before and at the middle. Also — Dame Marie Peir Lady Seton ag* John Seyton, Beatrix S., and Helenor S., drs of umquhile Geo. Lord Seyton, and spouse to the said Dame Marie, b. m. 90 after middle. See as to Marion Seton, servitrix of Queen, dr of Geo. Lord Seton, 1554 (or as to) Mary Seton her mother, Mary Peirs, who afterwards md a Frenchman, etc., b. m. 91 about middle, and after, from Act. Dn. Con. et Sess. (Column 2 page 644.) ' 4. Beatrix, married to Sir George Ogilvy, of Dunlugus.'] See b. 44 bef. middle. 'Lord Seton married, secondly, Mary Pyerres, or Peris, a French lady, who came into Scotland with Mary of Lorrain, who md Peir de Clivis, senr de Bryant, by whom he had a .son], and dr Mary. See b. m. 44 before middle, and Hist, of Fam. of Seton, pub. by Maitland Club, p. 42. See also b. 45 infra, and b. m. 92 at beg., ib. near end. 'Dame Marie Peir, relict of umquhile Geo. Lord Seton, and Peir de Clivis, Seignor Bryant her spouse,' b. m. 91 midd., and Mary, under curatory, with Robert her brother, to Lord Erskine in 1565. See b. m. 45 near beginning; and b. m. 14 before middle. (Top of column 2 page 644.) Was not Mary Seton, dr of Lord S. by his last me (marriage), one of the four Maries ? See Jamieson's Diet, and Chalmers' Life of Queen Mary, pp. 69, 284-5. There was a Janet Seaton, it is believed, of the daurs of Touch, ibid. p. 69, but she was only a female attendant. See Expenses of Queen Mary's Establishment, printed by Thomson, Executory Dame Marie Peir, Lady Seyton, 25 Janr 1576, Edr. Comsry Records, b. m. 102 end. This all, no more, ib. Mary Seton, dr of Geo. Lord Seyton. Mary Peir died Aug. 1554, with full designation of her mother, then spouse of Peir de Clivis, Seyer Bryant, b. m. 91 middle. Could not write, because young. Deed by Marie Seton, one of the dochters of umquhile Geo. Lord Seton, and Marie Peir his spouse, in 1554, mentions Marion, Beatrix, and Helenor, 'my sisters,' and her brother George, b. m. 91 midd. (Curious.) (On the margin of column 2 page 644.) ' For proof that Mary Pyers had a dr Mary Seton, see b. m. 1 2, not far from beginning, mention here of Robert Seyton, son lawful to umquhile Geo. Lord Seyton, bet. him and Dame Marion Peir my moder, Mary Seton my sister. The mother had been md to umquhile Peior de Clois. See Maitland's Hist, of Fam. of Seton, pub. by Maitland Club, Glasgow, notes p. 97. Dame Marie Peir Lady Seton ag* John Seton, Beatrix Seton, and Helenor Seton, sone and dochters of umquhile Geo. Lord Seton; they had annual-rents of her conjunct-fee lands in anno 1555, b. m. 90 after midd. 'Robert and Marie Seton, sone and daughter of umquhile Geo. Lord Seton, " an honorable Lady Dame Marie Seton our moder " with consent of her spouse' under curatory to Lord Erskine, 1565, b. m. 45 near beg. As to Mary Beton, friend of Mary Seton, see vol. ii. p. 508, and Douglas's Baronage, p. 289. (Top of column 1 page 645, under) ['XVII. George, fifth Lord Seton']: — 'Capitane Robert Setone sumtyme Archear to the Kingis Maties gard of France,' 1588, b. m. 112, a good deal bef. midd. (On margin of column 1 page 645, opposite) [' I. George, Master of Seton,' etc.] : — George Lord Seton, Robert, John, and Alexander Seton, his lawful sons, their father, their tutor, etc., 1565, b. m. 92, after midd. 6d 946 JOHN RIDDELL'S NOTES [' 3. Sir John Seton of Barns, Knight of the Order of St. Jago.' *] (On the margin of column 1 page 645 down to the end thereof.) For Title Deeds of Barns wheh first in the Setons and downwards, see Lord Wemyss. See b. m. 132, about middle. Sir John Seton of Barns, Kt., and William S. his brother, ag' Mr. Peter Primroiss as to Kils of Marretleis and Michills (?), 1588, b. m. 112 midd. Sir John Seton of Barns, Kt., George Lord Seton his brother, 1590, b. m. 93 after midd. Test, of Sir John Seton of Barnes, Feb. 20, 1662, b. m. 91 near beg. Also Charles Seton, sone to umquhile Sir John S. of Barnes, ib. George Lord Seton as tutor and factor to Robert, John, and Alexander Seton, our lawful sons, 1567, b. m. 45 bef. midd. (Top of column 2 page 645, under) ['XVII. George, fifth Lord Seton'] : — Test. 24 Aug. 1655 of Robert Seaton, eldest lawful son to Sir Geo. S. of Haills, Knight. Edr Com. Records, b. m. 99 x beg. Vide 30 Aug. 1665 of Robert S. of Haills, ib. middle. I am sure these are of Winton. Test. 3 July 1661, of Sir Geo. Seatton of Haills, Kt., mention of E. of Winton, and Lord Kingston, b. m. 98 middle. Sir Geo. Settone of Hailles knighted at Perth day of Nov. 1650. Balfour, Annals, v. 4, p. 179. Test. Robert Seton of Hailes. Edr Com. R. b. m. 43. Robert Seaton oy to the deceased Sir Geo. Seaton mentioned along with Sir Geo. Stirling of Glorat, Bart., 16 Feb. 1679, Privy Seal Reca vol. 3, 1675-1685, b. m. 89 middle.2 Test. Sir Geo. Seaton of Hailes, 3 July 1661, b. m. 91 near beg. (On margin of column 2 page 645.) Test. Sir Walter Seaton, indweller in Haddington, 6 Aug. 1636, b. m. 91, not far from beg. (Note opposite) [' XVIII. Robert, seventh Lord Seton, etc.'] : — For Winton Titles, chiefly from this date (14 Dec. 1599), and downwards, see from originals at Gosford. See b. m. 132, about middle, [Mag. Sig., L. xxxvii. No. 433. L. xxxviii. No. 265.] (Note opposite) [' He was created Earl of Wintoun,' etc.] : — Dated ' ex arce ma Sancruciana die decimo sexto Novembris afio dni (1600) coram his testibus predilectis nrs consanguineis et consiliariis Jac Marchione de Hamilton, etc.,' and many others. (Subscribitur) 'Jacobus Rex.' (Also opposite) ['He died in 1603,' etc.]: — See fol. MS. Collect. Adv. Lib. v. 5. 6, where there is a Pedigree of the Setons and other notices about them ; and where opposite this intimation there is an observation in hand of Mylne the antiquary, that James being interrupted by a funeral in his journey was a bad omen, and foretold the future calamities of the House of Stewart, (p. 46) ib. This note is inserted in the print as follows : — [His Majesty was pleased to rest himself at the south-west round of the Orchard of Seton, on the highway, till the funeral was over.] (Note opposite) ' 1. Robert, second Earl of Wintoun ' :— ' Mention of Robert Seton, eldest lawful son of umquhile 1 He was Comptroller to the King in 1587-9. See deal about these Setons. Did they not spring from bm. 57 midd. the brother of Sir John Seton of Barns ? 2 In the Glorat Charter-chest I think there is a good IN DOUGLAS'S PEERAGE 947 Sir Thomas Seton, brother german of umquhile Geo. E. of Winton, 1673, b. m. 98 after middle. , Among the Winton Papers in 1838 was a Deed in 1603 having the seals of Margaret Montgomerie and the Earl her husband; hers is on the right, giving Montgomerie the preference. The Earl's seal has the motto Hazard zit forward, and the arms as they are in Nisbet. (At foot of column 2 page 645.) Obligation by Alexander Seton, brother german of the Laird of St. Germains, to subscribe a tack of some husband-lands in Athelstaneford, formerly taken by him from Sir John Seton of Garleton, and 24 Dec. 1666. — Sheriff-Court Records of Haddington. Test, of Sir John Seaton of St. Germains, 4 March 1640, b. m. 91 near beg. (Top of column 1 page 646.) A 'Sir John Seaton' had in 1642 lands in Ireland Lodge, v. 81, p. 379. Note, he and Lady Longford fled for safety agBt the rebels to Castle Forbes. Hannibal Seton son to Sir John Seton, 12 May 1656. — Haddington Sheriff-Court Records (On margin of column 1 page 646, opposite) [' XIX. Robert, second Earl of Wintoun '] : — Spe. service of Robert Earl of Winton as heir of George Lord Seton, avi, in the Estates, 21 April 1607. — Inq. Spe. Hadd. Also of Robert E. of Winton his father, same day, ib. Spe. service of Robert Seyton ' as heir of Robert Earl of Winton his father, in part of Cockeny,' 24 Dec. 1633, ib. Spe. S. of Rob. E. of Winton as heir of George Mr of Seyton his brother, in West Nudre. — Inq. Spe. Linlithgow, Feb. 3, 1603. Gen. service of Rob. S. filius leg. Roberti Comitis de Winton haeres portionaria linea Hugonis Comitis de Eglinton filii avunculi, Dec. 28, 1636. — Inq. Gen. See Godscroft's Poem on Anna Metallana et Cassilissa filia Roberto Setonio Comiti Wintonio mentis parum compoti nupta. Poems, Edit. 1639, p. 114. She died very young, and shortly after her mother. See p. 748 of this volume. Note at end of [XIX. Robert, second Earl of Wintoun] : — 16 19, b. m. 56 after midd. (On margin of column 1 page 646 opposite) [' XIX. George, third Earl of Winton '] : Summons ' Geo. Earl of Winton, Robert E. of Winton his brother, as heirs oi Robert Earl of Winton thair father, Geo. Lord Seyton thair goodschir,' etc., anno 1620. — Decreets of Council and Session, vol. 337, p. 353 (among one of my Ker note-books). Action in 1620 by George Earl of Winton, as heir of William Lord Seyton, very far back at the mid. of Contoph (?) as to Niddry, etc., b. m. 89 towards end. This contains the long Genealogy of Seton mentioned above from vol. 337, from Acta D. C. and S. Several deeds produced. (At end of column 1 page 646.) , Charter of the Earldom of Winton, etc., to Geo. Earl of Winton, in liferent, and to George Lord Seton his son, and heirs-male of his body, w. failing ' Alexandro Comiti de Eglinton proximo et immediate jumon fratri germano prefati Geoi Comitis de Winton,' and h. m. of his body, etc., dated 29 April 1619. — Reg. Mag. Sig., Lib. 49, No. 152. (At top of column 2 page 646.) > For Winton and Eglinton conveyances see book m. 1633, before midd., and 132 (1) end. 1 Grant by Alexr Earl of Eglinton, 14 Janr 161 7, where allusion to 'Palatio de Seyton.' — P. S. R. b. m. 88 (2), after middle. (On margin of column 2 page 646 under [' XIX. George, third Earl of Winton ']), Charter of Earldom of Winton, with honor and dignity, 16 July 1642, dated at Edin burgh, b. m. 89, bef. middle. P. Seal Charter to Geo. Earl of Winton of the Earldom of Winton, on his resignation, 27 January 1647. — Reg. Mag. Sig., Lib. 58, 193. 948 JOHN RIDDELL'S NOTES (Opposite the words) ['but died on the 17th of December 1650'] : — See Sir James Balfour's Annals, vol. 4, p. 255. (And the fol. opposite) [' 3. Alexander, Viscount of Kingston '] : — Called of Craigiehill. See Settlement of Athel staneford in 1649, b. m. 89 before middle. (After the last line of column 2 page 646, under) [' XIX. George, third Earl of Winton '], which last line reads thus :— [The Earl of Winton married, secondly] : — 18 May (1654), Dame Elizabeth Maxwell, Countess of Winton. James Lord Moretoun her spouse. Who was James Lord Moretoun ? This communication from Roliet ? Authority, Haddington Sheriff-Court Records. Sir Alexander and Thomas, brothers to the Earl of Winton. — Balfour's Annals, vol. 4, P- 367- (At top of column 1 page 647.) A Mr. Buchanan — an agent, I suppose — called on me, Nov. 1829, and wished me to undertake the case of a Seton in Ireland, heir-male, as supposed, of an uncle of the forfeited Earl. He added, a Mr. Seton in the West Indies, after the middle of last century, was the heir-male, a respectable person, and that, if he had lived, by interest of Government would have been restored to the titles. The former is asserted to be the heir-male of the family of Seton. Mr. B. said that the Seton from the West Indies was related to Stewart of Allanbank. He was clearly, I think, Seton of Touch. Mr. Waldie's and Sir John Sinclair's acquaintance was the heir-female, about whom I had been applied in 1825 or so. I have merely some notice of this in my note-books, vide MSL.* They say they are sprung from Robert Seaton, who came to Ireland with Lord Abercorn in 1715, see p. of MSX. turned down about the middle. The Mr. Seton in Ireland, I believe in Dublin. See also communication from Charles Seton Seton, b. 133, about middle. * Remember that Mr. Macallan, W.S., agent for Mr. Charles Seaton, a papermaker in Liverpool, and who keeps hunters, he asserts, heir-male of the Robert Seaton who went to Ireland, (stated) that this Robert was one of three brothers who accompanied him ; and on my calling Robert an officer he did not contradict me. He added that their monument with Seton arms is still extant in Armagh. Admits there is nothing to connect Robert or them with Winton Family. So Mr. Macallan told me when he called, 26 Oct1 1839. (On margin, near top of column 1 page 647, opposite) Vide ( [x 1. Hon. Christopher Seton], and p. 581 |[x2. Hon. William Seton.] (Also on margin of same column, opposite) [' 3. Hon. Sir John Seton of Gairmiltoun '] : — See first edition of this work at Winton. Vide Ferguson's Commissary Reports for divorce — Wauchope ag* Sir Geo. Seton of Garleton her husband, quoting from the Commissary Record. See Maitland's Hist, of Seton, pub. by Maitland Club, Glasgow, p. 1 1 2 notes. Captain Robert Seton of Queen's Foot Guards among the subscribers to Ruddiman's Gavin Douglas, 17 16. (On margin of column 1 page 647, under [XIX. George, third Earl of Winton], opposite) [4. Hon. Sir Robert Seton of Windygoul] : — Test, of Sir Robert S. of Windegoul, 7 April 1673, Countess of Traquair, Lady Semple, and Lady Mary S., his only dr. — Edin. Com. Reg., b. m. 99 x end. (On margin of column 1 page 647, opposite) ['4. Lady Jean, born 26 January 1636, died unmarried ']:— Test. 17 June 1661 of Lady Jeane Seattone, dr lawful to the deceased Geo. E. of Winton, b. m. 98, middle. Excerpt there, but nothing remarkable from it. IN DOUGLAS'S PEERAGE 949 (At foot of column i page 647, under) [' XX. George Lord Seton, the eldest son '] : — Grant to ' Robert Seaton,' son to the late E. of Winton, 1667, of ward of Traquair, b. m. 89 middle. For a chivalrous notice of a Colonel Seaton and Gustavus Adolphus see Edinh Review, 1842, p. 432. (Top of column 2 page 647.) Alexander Seaton, mentioned in Halsberge in Iceland or Island? 1704, b. m. 81 beg. And the fol. note is on the margin of the foresaid column opposite [' 2. Hon. Alexander Seton, born 21 January 1644, died young']:— In Test. 1667 mention of M" Alexr Seaton, brother-german of Earl of Winton, b. m. 99 x after middle. (On margin of column 1 page 647 opposite) [' XX. George, fourth Earl of Winton '] : — Charter by Geo. E. of Winton, with consent of Alexr Viscount of Kingston, his tutor, 1656, b. m. 89, before middle. Spec. Service of Geo. Earl of W. as heir-male of Geo. Earl of Winton, his goodschir, in the estates, 12 May 1653. — Inq. Spec. Hadd. Act Pari. 1670 in fav. of Geo. E. of Winton, and to heirs-male of body, w. f. to his heirs-male of tailzie in his infeftment by James, 1619, under Great Seal, of Earldom of Winton, afterwards to his retour to E. Geo., his guidschir, Act. v. 8, p. 51. Look out copies from Signatour in State Paper Office for another Grant and Entail of the Winton Titles and Estates to this Earl previous to 1686. It is as follows : — Charter to Geo. Earl of W., and h. m. of body lawfully to be procreated, w. f. to such of the heirs-female of his own body, or of the male heirs of umquhile Geo. E. of Winton, his goodschire, as he shall designe, and heirs-male of their bodies, w. f. to Cristopher Seaton, his youngest brother, and h. m. of his body, w. f. to the sons of Alexander Viscount of Kingston, and their heirs-male, w. f. to Earl's heirs-male of tailzie and others of Earldom of Winton Estate, together with the dignity and title of honor upon Earl's resignation, with a novo damus of all, dated 28 Sepf 1674, b. m. 73 bef. middle; has irritant clauses as to honors ; but see Patent Marquisate of Montrose. For excerpts from the Patent see b. m. 89 at beg., and for signature b. m. 73 near end. See also Fountainhall, 24 June 17 10, vol. 2, p. 580. In the signature I think it is ' other heirs male.' * This mark by Mr. Riddell points to a similar mark by him in the Print under ['XXI. George, fourth Earl of Winton,'] etc., at the words [ x A charter was granted to George Earl of Wintoun, Lord Seton, and Tranent, 31 July 1686, of the earldom, etc., of Wintoun, and his title, honour, and dignity, to him and the heirs-male to be procreated of his body.] ' To be procreated.' — For some instance as authority throwing light upon the phrase under the particular circumstances of the case vide Morrison's Dicf, or some of the reports of Decisions. See ms. Collection of Patents b. m. 106, p. 119. Original series Lord Wemyss. See Thomson's Acts, v. 11, p. 134, of Earldom of Orkney to go to his heirs-male ' succeeding to his power and dignity,' but Orkney sold afterwards to Sir Laurence Dundas. (At foot of column 2 page 647, under) ['XXI. George, fourth Earl of Wintoun']: — Resignation 1673, by George Earl of Winton of the Winton estate, his heirs mentioned in the procuratory b. m. 126. As to ' procreandis ' in Winton Patent in 1686, see what Christenius says in De Causis Matrimonialibus, p. 326 et seq., Adv. Liby, unfavourable. See as to 'procreandis,' Collins on Baronies, p. 266, referred to in Index. (Top of page 648 above column 1, under) [' XXI. George, fourth Earl of Wintoun '] :— John Gordon, Writer, ag' Geo. E. of Winton 'and his deceast Lady.' — Edr. Comy Regr, 29 Feb. 1704, beg. General Service, George Earl of Winton as heir of George Earl of Winton patris, July 4, 17 10. — Gen. Ret. 950 JOHN RIDDELL'S NOTES See Signature of this charter, 12 August 1686, b. m. 73 near end — power apparently only given him to alter in so far as regarded the nomination of the heirs-male to be procreated. Testament, 18 June 1678, of Lady Marie Montgomerie, Countess of Winton, who died 1677, given up by Marie Caimcross, relict of John Hume, tailor in Canongate, and Edr Com. R. b. m. 100 before middle. (On margin of column 1 page 648, opposite) [' * Lady Mary Montgomery, eldest daughter of Hugh, seventh Earl of Eglintoun '] :— * Her testament is dated 18 June 1678, Ed. Corny Rec. b. m. 100 bef. middle. Also — Test. Geo. E. of Winton 5 March 1706. Ed. C. Records, b. m. 29 beg. (And on margin of same column, opposite) ['2. Hon. Christopher Seton, who died in 1704, unmarried']: — is not his will in Com. Reg1 of Edr. ? (On margin of column 1 page 648, under) ['XXI. George, fourth Earl of Wintoun'] : — it is dated 1 August 1706. Christopher is said by Mylne in one of his ms. Adv. Lib. to have died prematurely when 22, in consequence of a fever brought on by a debauch with ' the drunken Earl of Sutherland.' * * See pedigree of Seton, Adv. Lib. — James 5. 7. 5 among Mylne's Coll. at the time of the father of last E. of Winton, which ends thus (p. 509), after noticing Christopher — ' in quhom is to be found such a lyvely transcript of the manie qualities which ennobled yr predecessoris that they may deservedly be termed the worthy progenites successores of their noble ancestores progenitores ' (then what follows, in Mylne's hand, ' Mr. Cristopher wes cut of by death 5 Jan? 1705 to the grate regrate of all that knew him. The drunken Earl of Sutherland who had. been at Seaton at his chastening (christening?) drunk him so hard that he brought him in a feaver quherof he died. Robert Mylne, wryter, sould have bene with thame and forgot the coach and thai stayed several hours, bot he kept out of the way.' (On margin of column 1 page 648, opposite) ['*XXI. George, fifth Earl of Wintoun '] : — He was absent 7 or 8 years before 11 Novr 1707, and on death of Christopher, his brother, in 1703, Mr. James S., brother to the Viscount of Kingston, had intruded into management of Seton estate by the advice of friends as the nearest relative appearing to Ad. (administer?). — Fountainhall's Decisions, vol. 2, pp. 391 and 676-7. Earl came home 8 Nov. 1702; apparently Earl dead in 1703. See article 'Kingston,' in this vol. p. 40. See b. m. 132 about middle. Earl was born several years before his father md his mother — in the Litigation between E. of Winton and Kingston, it being stated, I think, that the estate was likely to be carried off by diligence or debts. See Fountainhall, vol. 4, 580. (Top of column 2 page 648, under) [' XXI. George, fifth Earl of Wintoun '] : — The old Chartulary of Winton was in the hands of Mr. Tait, agent for Sir William Pulteney, in 1794. See receipt or memorandum to this effect, Mr. Ure, W.S., in 1836. 'Drimillier was md on the 24 Nov. to the Viscount of Kingston's dr. The Earl of Winton is come home after seven years absence, and is staying at Seton.' — Letter, Hay of Carriber to Earl of Errol, b. m. 119 bef. middle. (On margin of column 2 page 648.) In vol. 39 of the Gentleman's Magazine for 1853 there are curious accounts of this for feited Earl of Winton when at Rome subsequently to his forfeiture, from ms. Diary. Article about Winton Service, Courant, Saturday, 13 Feb. 1841. Of Dr. Cuningham, afterwards Bart, of Prestonfauld, see pp. 22, 159, 263, 579, , Is there not some more in next vol. of Gentleman's Magazine, No. 40 ? For memorial as to consequences of Lord Eglinton's taking of the Winton representa tion, see b. m. a good deal after middle 132 (1). " ' \ ' IN THE AUTHOR'S POSSESSION 951 8. Notes by John Riddell, Advocate, relative to the Seton Family, in the possession of the author. [Referred to at p. 151 supra.] '57 Melville Street, Edinburgh, gth December 1850. 1 My dear Sir, — I herewith enclose what I promised about the Setons. Of course more may transpire from full copies of most of the deeds or authorities I refer to, my excerpts (dispersed in different Memoranda or Note-books) being but partial, and taken very long ago. — I remain, yours sincerely, John Riddell. ' George Seton, Esqre.' Excerpts from Public Records and elsewhere about Seton in the 'Sixteenth Century. 1. Summondis (by John, Earl of Monteith) aganis George Lord Seytoun, sone are ande successor to umquhile George Lord Seton his fader, John Lord Hay of Yester and Richard Maitland of Lethington, his curatouris, to here and see ane contract maid betuix oure soverane ladies darrest moder, Marie dowerar of Scotland for hir, and Marion Seton hir servitrice, dochter to ye said umquhile George Lord Seton and John Earl of Monteith, about their marriage (that of Earl John and Marion) and recorded, I suppose, the above being a summary excerpt I took long ago (see also No. 7). — Record of Acts and Decreets of the Court of Session in 155 1. The volume was unbound and unnumbered. 2. George Lord Seyton prays that the interdiction by him to John Lord Hay of Yester, and Sir Richard Maitland of Lethington, be loosed, as he is now of age and it was only intended for his minority. Granted by the Court. Neither Lord Hay of Yester nor Sir Richard (the Seton historian) appear. They were Lord George's curators (see No. 1). — Ibid. vol. x., for 1553-4, p. 231. 3. Bond by George Lord Seyton to Sir William Hamilton of Sanquhar, Knyt, ' my fader- in-law,' mentioning also Beatrix and Helenor Seyton, ' my sisters-gerfhane,' all quite consistently with the ordinary accounts. — Ibid. p. 418. 4. Process Marie Peir, Lady Seyton, against Johne Seyton, Beatrix Seyton, ande Helenor Seyton, sone and dochteris of umquhile George Lord Seyton, and spous to ye said Dame Marie, the pursuer (who were not descended from her, but of the previous Hay connection), for arresting the ' males ' of her conjunct fee lands. Of course it was not unnatural then that there should be casual disputes of such a kind between a mother-in-law (stepmother?) and children in the relative situation. John obviously was the Cariston ancestor (see No. 9).— Ibid. vol. xiv., for 1556-7, p. 306. 5. Bond affecting Robert and Marie Seyton, sone and dochter of umquhile George Lord Seyton in the year 1565, mentioning, inter alia, 'ane honorabill Lady Dame Marie Pier our moder, with consent of our spouse.' — Register of Bonds and Obligations, vol. vii., 1564-7, pages not numbered. 6. Bond affecting Robert Seyton, 'sone lauchful to umquhill George Lord Seyton, gotten betuix him and Marie Peior my moder,' stating that ' albeit my saide moder, wyt consent of umquhill Peiour de Clois, Lord Bryand, hir spous, maid me and Mary Seyton my sister' assignees to her property in Scotland, in the year 1563, yet he renounces the assignation and repones her in possession of the same. Robert is styled of 'Grendikis' and his mother ' Dame Marie Peiris.' — Ibid. vol. viii., 1565-6. 7. Marie Quene doweriaire of Scotland to ' warrand and releif George, now Lord Seyton, sone and are of umquhile George Lord Seyton, his faider, of ye soume of twenty-five hundred merks money of yis realme — with allusion to contract between ' our soverane ladies moder and Meriane Seytoun hir servatrix, dochter to the saide umquhile George Lord Seytoun and Johne Erie of Menteith.' Dated at Falkland, 8th October 1548 (see also No. 1).— Acts and Decreets of Council and Session, vol. viii., 1552-4, p. 37ib. 952 JOHN RIDDELL'S NOTES 8. Deed as follows :— ' Be it kend till all men. We, Marie Settoun, one of ye dochteris of umquhile George Lord Settoun, gotten lauchfullie betuix him and Marie Peire my moder, his spouse ' — mentioning Marioun, Beatrix, and Helenor Seyton, ' my sisters,' and sealed and subscribed by her. This is an assignation of her interest in a grant of non-entries of lands to her brother George, etc., and bears to be 'als (also) under ye signe and subscription mannuell of ane legal notar in France, befoir famous witnesses, because ye said Marie Settoun is presentlie yair' (of course with Queen Mary). The deed is dated 6th October 1554, and mentions her mother ' Dame Marie Peir, relict of umquhile George Lord Seytoun, and Peir de Clwise, Seignour Bryant, hir spous.' The above is clearly Mary Seton, one of the famous Marys of her royal mistress. Chalmers (i. 69 and 283-4) specifies Mary Betoun, Mary Livingstone, and Mary Seton, and the last mentioned is included in the list from the State Paper Office in 1568, of those who accompanied Queen Mary to Carlisle and Bolton. Knox, in his History, says that 'the nyntyne day of August (1561), arryved Marie, Quene of Scotland, furth of France. In hir company, besides hir gentlewomen, called the Maries, wer hir uncles,' etc. (See Laing's edition of Knox's Works, i. 267-8, especially p. 268, note), where there is corroboration of the fact of Mary Seton being one of the Marys, all of good family, and having the name of Mary. — Ibid. p. 622. 9. Letters at the instance of Robert Seyton, sone lauchfull to umquhile George Lord Seyton and Dame Marie Peirs his spous, against Johne Seyton of Carraldston (see No. 4), and the said Dame Marie Peirs, Lady Seyton. Robert was past the years of pupillarity, and the above, as his nearest relatives, are cited in usual form prior to his choosing curators, who are here given to him in the persons of John, Lord Erskine, and Mr. Robert Creichton, the last obviously of Eliok, Lord Advocate, and father of 'the Admirable Crichton.' Of Robert, who obtained the lands of Grenedikes (as formerly shown), little more is known, and there is every reason to think that he left no issue. 10. In the Commissary Register of Edinburgh there is mention of the executors of 'Dame Marie Peir, Lady Seyton,' under date 23rd January 1576; so she may have survived till nearly then. There are many distinguished French families of the name of ' Pierre ' — perhaps the same. It might be desirable to look about the same date into the Register of Testaments and the Act and Decreet Record, and to examine the relative procedure. It might let out whether there are still any descendants of the lady through Mary Seton, or otherwise. 11. Contract in 1556 between Jane Hepburn Lady Seytoun, George Lord Seytoun, Beatrix Seytoun, 'neise1 to the said nobill Lady, and sister german to the said nobill Lord,' with consent of Richard Maitland of Lethington, knight, his curator, and Sir Walter Ogilvie of Dunlugus, knight (ancestor of the Lords Banff), Dame Alisone Hume his spouse, and George Ogilvie, yair eldest sone and apperand air,' etc. George is to marry Beatrix. Lady Seyton is called her 'gudame' (grandmother), and the lady betrothed had a gift of the marriage (maritagium)2 of her brother, Lord George. This marriage contract is long, and contains a specification of the estate. — Register of Bonds and Obligations, vol. ii., for 1556-8. 12. Renunciation by Beatrix Seyton, sister-german of George, Lord Seyton, with consent of her curator, Maitland of Lethington, of the grant of his ward and marriage, in return for 500 merks paid to her and ' to ye nobill lady Jehanne Hepburn Lady Seyton my gudame, in my name, be ye hand of ane right honorabill man, Sir William Hamilton of Sanquhar, Knyt.' It appears that the Regent Chastelherault had given the sisters of Lord Seyton a grant of the ward and marriage of their brother, and 'ane thousand punds' had been decerned to be given to Beatrix and her sisters Eleanor and Marie Seton 'of my said brother's tocher, as is expremit in ye contract of marriage maid betuix my said brother and Issobel Hamilton, dochter to ye said Sir William.' This deed is dated 19th February 1550, ' at ye place of sisteris callit ye Senis (Sciennes), besyde Edinburt,' the well-known residence of that worthy and remarkable personage ' Jehanne Hepburne Lady Setone.' — Ibid. 13. Receipt by James, Lord Somerville, from Jane Hepburn, Lady Seyton, of the sum of two thousand merks, ' in full and compleit payment of the same sum expremit in y° 1 Niece occasionally denoted granddaughter. from the heir of his former vassal, on the heir's mar- " ' Marriage ' was a casualty in ward-holding which riage, or on his becoming marriageable. Ward-hold- entitled the ward superior to demand a certain sum ing was abolished by the Statute 20 Geo. 11. t. 50. IN THE AUTHOR'S POSSESSION 953 contract of marriage maid by me, and Hew Somerville my sone and apperand air, and ye said nobill Laidy and George Lord Seyton, and Helenor Seyton his sister-german,' dated Edin burgh, nth February 1557. This marriage, as is well known, took effect. Hew afterwards succeeded as Lord Somerville, the last of that ancient and distinguished family who held the large estates of his ancestors, which were wasted and dilapidated in the person of his heir. Of the above marriage the subsequent Lords Somerville are descended. 14. Contract, dated Edinburgh, last of March 1556, between 'George Lord Seyton and ane nobill Ladie, Dame Marie Peir, relict of umquhile George Lord Seyton, and Maister James Macgill of Rankeilour, procurator of Monsieur Peir de Cluse, Seigneur Bryant, hir spouse,' Robert Seyton, George's brother, etc. ' We, Marie, by y8 grace of God Queen Dowerer and Regent of Scotland, being riplie and at lenth advisit, wyt our deir cousingis and counsaloris Lord Henry Clewtyne, Lord Ville Pareis Doysell, and Saint (?) Angnew, lieutenant general to ye Kingis Maiestie of France in yis part of Scotland, Monsieur Ruben, Keeper of ye grete seille of Scotland,' and Maister Abraham Creichton, Pro vest of Dunglas,' pronounce a decree arbitral ' betwixt George Lord Seyton and Dame Mary Peirs, etc., in relation to the tierce of Seyton due to Mary by the death of Jane Hepburn Ladie Seyton, gudhame (grand mother) to the said George Lord Seyton.' This is all I took from the Record many years ago, and as I have added to the excerpt 'very long' (i.e. the procedure), it may possibly let out other interesting particulars. — Register of Bonds and Obligations for 1554-6, vol. i. 15. In a Scotch Act of Parliament, 7th July 1548, in reference to the marriage of Queen Mary with the Dauphin, there is prominent mention of ' Monsieur Dessy, Lieutenant-General of the navy and arm6e, sent be the maist Christian King of Fraunce for support of this realme ' ; and there is also mention of ' Monsieur Dosell, his Ambassader.' Further in 1 55 1, of 'Monsieur Dosel, the maist Christin Kingis Ambassader'; but the previous deed, in the Record of Bonds, gives more fully his family designations. — Scotch Acts, last edition, ii. 481-489. George, Lord Seyton, had evidently, by his first wife, Dame Elizabeth Hay, two sons and three daughters : — 1. George, Lord Seyton ; 2. John Seyton of Carriston ; and Marion, Beatrix, and Helenor Seyton, of whom Marion married John, Earl of Menteith; Beatrix, George Ogilvie, son and heir of Sir Archibald Ogilvie of Dunlugas ; and Helenor, Hew Somerville, afterwards Lord Somerville, son and heir of James Lord Somerville. In the copies of Sir Richard Maitland's History of the Seytons (Maitland Club Edition, p. 42) there is mention of another daughter of the same connection, ' Margaret, quha was mariet on Robert (Logan), lard of Restalrig, and diet without bairns ' — probably young also, which may account for her not appearing in the authorities which I quote. The above George, Lord Seyton, had issue by his second and last wife, Dame Mary Peirs (who survived both him and her subsequent husband ' Monsieur Peir de Cluse, Seigneur Bryant, and died before 23rd January 1576), one son and one daughter, — Robert Seyton of Greendike, of whom almost nothing is known, and who may probably be held to have no existing descendants ; and Mary Seyton, one of Queen Mary's Maries, or maids, of whose marriage there is no trace yet discovered. Sir Richard Maitland adds another son, James, but he evidently, I think, must have died in infancy, or in pupillarity, from being quite omitted in the family settlements and transac tions, as shown in regard to Robert and Mary, his full-blood brother and sister. It hence follows that, by the law of Scotland, the direct lineal descendant and heir-at-law of Robert and Mary, through John Seyton of Carriston, their immediate elder brother, must be both heir of conquest and heritage, in exclusion of Lord George, the eldest brother, however different it might be according to English law. It transpires, too (see Nos. 1 and 7), that Marion Seyton, Countess of Menteith, which she became in 1548, was 'servitrice,' or Lady of the Household or Bedchamber to Mary of Lorraine— a fact, I believe, hitherto unknown— while Mary Seyton, her younger half-sister, held much the same position in France and Scotland at the Court of her daughter. Touching Queen Mary, I lately found, in a rather singular quarter — a medical and statistical account of the lower and dissolute orders of Paris, with suggestions of reformation, 6e 954 LETTERS FROM MR. RIDDELL par A. J. B. Parent-Duchatel, published at Brussels in 1837— that the 'rues aux Feves et St. Eloi dans la cite,' and ' ceux de la rue Marie Stuart, autrefois Tire (?) Boudin,' from a very early period, were ' les plus sales et les plus de"goutantes de Paris, de tout temps consacrees a la prostitution.' Can the name of Mary Stuart have been given to the locality from the residence of the Queen when at Paris, in like manner as ' Scotland Yard ' in London, from formerly lodging the Kings of Scotland ? If so, the site has been but ill chosen. Arms of Seton of Carriston, or Carraldston. In an original ms. ' Endex written be me, Robert Porteous, Snaddoun Herald, Septem ber 1 66 1,'1 and bought from his widow by Joseph Stacey, Ross Herald, in December 1664, according to his autograph intimation at the beginning, the arms are thus given : — ' 30. Seaton of Caralston — Seaton, a otter heid in fess sable.' The above official Index to the Lyon Records at the time is much more valuable than anything there now, from their complete conflagration subsequently, as is notorious. Set&n of Cariston, in Fife, carries Seton and Balfour quarterly. The first of this family was John Seton, second son of George, Lord Seton, and Lady Elizabeth Hay. John Seton carried first or, three crescents within a double-tressure counter-flowered gules, and for his difference as a younger son of the House of Seton, charged one of the crescents with a bezant, as on the roof of Samson's Hall, in the House of Seton. — Essay on the Ancient and Modern use of Armories, by Alexander Nisbet, Edinburgh, 1718, p. 108. This, a thin quarto, is the interesting work I mentioned containing several notices of ' Samson's Hall,' and the House, or Palace, of Seton. In the Office Index to the Record of Testaments of the Commissary Court of Edinburgh there is that of Issobel Balfour, Ladie Carrelstoun, nth October 1580, which possibly might let out something curious. In the Household Expenses of Queen Mary in 1562 (H.M. Register House) the following occurs : — ' Table des dames ou mangeront : — Madamoiselle de Pinguiller (?), Madame de Brian te, Madame de Crig, Mad"es de Cobron, Flamyn, Cetton (Seton), Bethon, Leviston laisn£, etc., auront par jour chacune 11. ps. cy. xviii. ps.' There are subsequently such entries, especially regarding a Madame de Briante, who with Mademoiselle Cetton (or Seton) composes, I think, part of a family group, the former being probably a near relative (perhaps sister) of ' Peir de Clwise, Seigneur Bryant,' stepfather of Mary Seton, and second husband of ' Dame Marie Peir,' Dowager Lady Seton. (See No. 8, etc.) The following is a copy of another letter which I received from Mr. Riddell about the same date : — '57 Melville Street, Edinburgh, 17^ December 1850. ' My dear Sir, — I herewith send you the two printed copies of the Winton Case I alluded to yesterday ; one complete (so far as it is yet prepared) and the other not, which I regret I can only offer you at present. ' I may merely add that, in a few instances, I have, according to an avowed practice (intimated in one of my printed works), given also secondary evidence in support of a point — not that that should be received per se as legal proof, but that everything known should be fairly submitted to the Lords, or the public. ' The practice, too, has been the means of eliciting more information of a higher and better kind, and it is received in practice or in law that lower proof is admissible when better is wanting. — I remain, dear Sir, yours sincerely, John Riddell. 'George Seton, Esq. ' P.S. — Newspapers have been admitted in some cases, but certainly the best and highest proof must be adduced, if recoverable.' 1 'Penes me, by purchase long ago, J. R.' THE SETONS OF CLATTO 955 The following is an extract from a third letter from Mr. John Riddell, dated 20th April 1853:— ' With respect to the Cardonald point, John Stewart, first Earl of Lennox, and Lord Darnley, had a younger son, Alan Stewart, proprietor of Cardonald, which he acquired. This Alan had issue, John Stewart, who predeceased his father, but had an only son, James, his grandfather's heir, which James was Captain of Perth for Queen Mary in 1548, and married Helen Semple, daughter of William, Lord Semple, and had by her James of Cardonald, and Alan, made Abbot of Crossraguel, in 1566 ; and three daughters, Elizabeth, married to Robert, son of Alexander of Garlies (of the noble family of Galloway), who had no issue ; Margaret, married to John Stuart of Minto ; and Dorothy, married to John Pollock of that ilk. ' James of Cardonald having died without issue, his estate of Cardonald came to Walter, Prior of Blantyre, son of the marriage between John Stewart of Minto and Margaret Stuart, sister of James of Cardonald ; and, in consequence of that marriage, the estate of Cardonald, which originally belonged to Isabella Norvell, the wife of Sir William Stuart of Castelmilk, came to Lord Blantyre's family ' (descended from the above Walter, Prior of Blantyre). 'The above is from Andrew Stuart's Genealogical History of the Stuarts, published in 1798, pp. 229-30. At p. 169 he states that Sir Alan Stuart, of Darnley, married Katherine Seton, daughter of Sir William Seton of Seton, by whom he had John, first Earl of Lennox, and Lord Darnley, father of the preceding Alan Stuart of Cardonald, ancestor of the Cardonald branch, who thus directly sprang from the house of Seton, and might well be buried in their chapel.' 9. The Setons of Clatto. [Referred to at p. 314.] The following statement is from the notice of the Parish of Kettle, Co. Fife, by the Rev. Peter Barclay, in the old Statistical Account of Scotland, i. 381 : — ' The lands of Clatto, which constitute the east end of the parish of Kettle, and through which lay the old road from Cupar to Kinghorn, belonged to a family of Setons, who are celebrated in tradition for the most cruel robberies and murders. The grounds about Clatto Den are still desert. In the face of the brae, which forms one side of the den, is a cave, that is said to communicate with the old castle or tower of Clatto, a furlong distant, the remains of which are still visible. The same cave is said to have had another opening to the road, at which the assailant rushed out on the heedless passengers, and dragged them into the cavern, whence there was no return. All appearance of a cave is now obliterated by the breaking down of the banks. A similar cavern was found not many years ago at Craighall in Ceres parish. Of these Setons many stories, replete with the superstitions of preceding ages, are still current among the country people. One may suffice. One of the Scottish kings, said to be James iv., passing that way alone, as was common in those days, was attacked by a son of Seton's. The king having a hanger concealed under his garment, drew it, and with a blow cut off the right hand that seized his horse's bridle. This hand he took up, and rode off. Next day, attended by a proper retinue, he visited the Castle of Clatto, wishing to see Seton and his sons, who were noted as hardy enterprising men, fitted to shine in a more public station. The old man conducted his family into the king's presence. One son alone was absent. It was said that he had been hurt by an accident, and was confined to bed. The King insisted on seeing him, and desired to feel his pulse. The young man held out his left hand. The King would feel the other also. After many ineffectual excuses, he was obliged to confess that he had lost his right hand. The king told him that he had a hand in his pocket, which was at his service if it would fit him. Upon this they were all seized and executed.' My aunt Dawson informed me that the author of the preceding statement once remarked to one of her uncles, 'A pretty set of ancestors you must have had!' forgetting that the Cariston branch of the family did not spring from the main line till the days of Mary Stuart — the result of the minister's observation being a summary horsewhipping ! The tradition is set forth in a poem extending to no fewer than eighty stanzas, in a little volume of Scottish Ballads, etc., by ' G.,' published at Cupar-Fife in 1881. 956 JAMES V. AT SORN CASTLE io. Royal Visit to Sorn Castle. [Referred to in the note at p. I53-] The following is the passage in question in the old Statistical Account of Scotland (parish of Sorn) vol. xx. p. 169, by the Rev. George Gordon : — ' The only other article worthy of notice, under this head, is the castle of Sorn. By whom, or at what precise time, this castle was built, I have not been able to ascertain ; but it was most probably some time in the course of the fourteenth century, if not at an earlier period. The proprietors of this castle, and their descendants, were once among the most illustrious families in the kingdom, as appears from the following short account, which has been obligingly communicated to me by a right honourable lady in the neighbourhood, not more distinguished by her rank than by her character, talents, and general information. ' About the year 1406 the lands of Sorn, with several others in the district of Kyle, were acquired by Andrew Hamilton, third son of Sir David Hamilton of Cadzow, ancestor to the Duke of Hamilton. This Andrew Hamilton married Agnes, a daughter of Sir Hugh Campbell of Loudon, Sheriff of Ayr, and by her had a son, Sir Robert Hamilton of Sorn and Sanquhar. Sir Robert married a daughter of Sir William Crawfurd of Lochnorris; and Sir William Hamilton of Sorn and Sanquhar, a son of this marriage, was one of the Senators of the College of Justice, and Lord Treasurer to King James v. This Lord Treasurer married a daughter of the family of Cassillis, by whom he had an heiress, Isobel Hamilton, who married George, Lord Seton, and by him was mother to Robert, first Earl of Winton, to Alexander, first Earl of Dunfermline, and Margaret, the wife of Claud Hamilton, Lord Paisley, ancestor to the Earl of Abercorn. The lands and castle of Sorn were sold by the succeeding Earl of Winton to the family of Loudon, and after remaining in this family upwards of 150 years, they were sold to William Tennent, Esq., of Poole, in 1782. ' There is a tradition, well authenticated, that King James v. honoured his Treasurer, Sir William Hamilton, with a visit at Sorn Castle, on occasion of the marriage of his daughter to Lord Seton. The chair on which his Majesty sat on that occasion was always carefully preserved at the castle till the sale of the estate, when it was transferred to Loudon Castle, where it is still kept as a relick of ancient times. It is a large chair of oak, curiously carved, and the arms of Sir William Hamilton are on the back of it in large figures.' 1 11. Epitaph of George, Seventh Lord Seton, and Isabella Hamilton his Wife, in Seton Church. From a copy made in 1767 for the Marquis of Abercorn, and now in the possession of the Rev. Father Forbes-Leith of Selkirk.2 [Referred to at p. 200 note and p. 780.] D. O. M. Ad australe Sacelli hujus latus condita sunt Corpora Georgii Setonii & Isabellae Hamiltonias nobilissimarum et sterna memoria dignissimarum Animarum Domicilia. Georgius hoc nomine Quintus, Setonii Dominus et Familiaa Princeps, Latifundia et 1 ' The King's visit at Sorn Castle took place in like King James, for want of better accommodation, winter, and, being heartily tired of his journey through to sit down, about mid-way, by the side of a well so long a track of moor, moss, and miry clay, where (hence called King's Well), and there take a cold there was neither road nor bridge, he is reported to refreshment in a cold day. At that very same place have said, with that good-humoured pleasantry which he might now find a tolerable inn and a warm dinner.' was a characteristic of so many of his family, that, ' were he to play the Deil a trick, he would send him 2 Another copy, in which there are several mistakes, from Glasgow to Sorn in the middle of winter.' The will be found in Grose's Antiquities of Scotland, i. 68, trick nowadays would not prove a very serious one ; and an English translation, in the possession of the for Satan, old as he is, might travel very comfortably Earl of Wemyss (in which there are a few inaccuracies), one half of the way in a mail-coach, and the other is printed at p. 57 of the Edinburgh edition of Sir half in a post-chaise. Neither would he be forced, Richard Maitland's House of Seytoun. EPITAPH IN SETON CHURCH 957 Rem a majoribus tradita, difficillimis Reipub: temporibus honorifice tenuit et ampliavit. Jacobo Quinto regnante natus, Adolescens, cum in Galliis ageret, Patre optimo orbatus. Ad suos reversus, brevi post Regni Ordinum Decreto eodem remittitur, ibique unus Legatorum Marise Reginae et Francisci Franciae Delphini nuptias et antiqua Gallorum Scotorumque Faedera sancivit firmavitque. Domum regressus, Religionis et Sacrorum Innovatione, bellis turn externis turn civilibus flagrantem Patriam invenit, cum in Scotia Anglus Gallusque Germanus et Hispanus, Scoti etiam inter se dimicarent. ^Edes suas bis terre ab Anglis incensas et funditus deletas, devastatis etiam Prsediis omnibus, in ampliorem denuo splendi- dioremque formam restituit. In omnem Fortunam liber semper et intrepidus, trucidato a perditissimis hominibus Rege, acta in Exilium Regina a Principum Patribus, Majorum more semper constans stetit. Hae firmitate saepe carcere et custodia afflictus, saepe in exilium actus, et bonis omnibus exutus, ejusmodi calamitates innumeras, Fidei in Patriam et veros Principes Testes, forti animo non modo tulit sed sprevit & superavit. Tandem ab Jacobo Sexto, cujus auspiciis, Prudentia et Consiliis, Scotia procellis omnibus et difficultatibus liberata, splendori suo restituta est, Ipse etiam honorifice pro meritis acceptus et habitus, majorum suorum Locum et Dignitatem tenuit, primusque ab eo ad Hen. III. Galliarum Regem Legatus, cum amplissimis ad firmandam Amicitiam mandatis mittitur. Quo in munere cum gratam acceptamque utrique Principum operam navaret, lethalem ipsi morbum anteactae vitaa labores adferunt, in Patriam redit, intra mensem ad Superos migrat, VI. Id. Jan. An. Domini CIDIDLXXXV, ^Etat. circiter LV. Domina Isabella Hamiltonia nobilissimis Parentibus nata, Patre nimirum D. Willielmo de Sanquhar Equite et Matre Katherina Kennedie Cassilissse Comitis Filia, Ipsa Forma, Moribus, omnibusque turn Animi turn Corporis dotibus insignis, et inter aequales praestans. Georgium hunc Setonii Dominum maritum nacta, in adversis illi omnibus Adjumento et Solatio, in prosperis Ornamento fuit. Conjugi charissimo duodeviginti annos superstes cum communibus Liberis liberaliter et conjunctissime vixit; Quidquid a marito Fortunarum acceperat, cum Natis amanter com- municavit, eorumque conatus omnes et honesta studia Bonis suis fovit et promovit, nee exiguos Pietatis hujus et maternae Charitatis fructus vivens percepit. Liberorum muneribus, Dignitatibus et ornamentis, Ipsa quoque clarior et illustrior, donee senio et articulorum Doloribus morbisque afflicta, Deo animam reddidit II. Id. Novemb. Anno Domini CLOIOCVI, Annum agens circiter LXXV. Tarn Claris Parentibus orta est hsec Soboles. Robertus Setonus primogenitus et primus Wentoniae Comes, hoc Titulo ob propria et majorum merita ab Jacobo Sexto ornatus. Joannes Eques eidem Regi imprimis charus, ab intimis consiliis, Questura et pluribus muneribus auctus, in flore aetatis e vivis sublatus, Liberis tamen relictis. Alexander multis annis Senator, et ab intimis Consiliis, turn Princeps Senatus ab ipso ordine electus, demum a Rege prudentissimo qui primus Scotiam Angliamque in unum contulit Dominatum, utriusque Regni Consiliorum Particeps, Fermelinoduni comes, et Regni Scotiae factus est Cancellarius. Willielmus Eques, Louthianae Vicecomes et unus turn Scotiae turn Angliae limitum e Praefectis et Procuratoribus. Margareta Filia, Claudio Hamiltonio Pasleti Domino nupta, Jacobi primi Abercorniae Comitis Mater, totiusque illius prosapiae Fratrum Sororumque dicti Comitis fsecunda Parens. Haec Posteri norint, et tanti Viri spectataeque adeo Fceminae memoriam colant. Virtutes aemulentur, bonisque Moribus bona verba. Magnorum Virorum Memoria non minus utilis est quam Prassentia. A. S. F. C. F. F.1 A. S. CIOIDCX. 1 Alexander Setonius Fermelinoduni Comes fieri fecit. 958 TESTAMENT DE 12. Testament de Marie de Seton, fille d'honneur de Marie Stuart, fait devant notaire A Reims le 14 Avril 1602, et REVOQUE LE 7 JUIN SUIVANT. [Referred to at p. 147.] 14 Avril 1602. Bailie- en Comparut en sa personne damoiselle Marie de Seton, fille d'honneur de la feue Royne DozeatUdour ^'Escosse, demourant en la maison abbatialle de Saint Pierre de Reims, estant malade, couche" ladicte te°™ en un uct d'une chambre haulte de ladicte maison, ayant bon sens, memoire et entendement, tateresse comme il est apparu, considerant qu'il n'est chose plus certaine que la mort ne rien plus incer- voyeVen ta'n clue I'^eure d'icelle, non voulant decedder de ce mortel monde intestat, mais desirant de Escosse. tout son cceur pourveoir au remede et salut de son ame, a fait son testament et ordonnance de derniere volunte en la forme et maniere qu'y ensayt, en cassant, revoiquant et adnullant tous aultres testamens et codicilz qu'elle a ou pourroit avoir faict par cydevant, voulant cestuy present son testament sortir son plain et entier effect tant de droict que de coustume. Premier ladicte damoiselle testateresse a recommande" et recommande son ame a Dieu nostre Createur, a la sacre" vierge Marie, a Monsieur Sainct Pierre et a toute la court celeste de paradis. Veult ses debtes estre payees et acquitte'es partout ou il apparestera par les mains des executeurs de cestuy present son testament cy apres nommez. Desir son corps apres son trespas estre inhume"e et enterree en l'eglise dudict Sainct Pierre, en tel lieu qu'il plaira a Madame du diet St. Pierre, relligieuses et couvent soulz leur bon plaisir. Veult et ordonne que son enterraige soit fait par le couvent dudict Sainct Pierre, services obsecques et funerailles, selon la volunte" et ainsy que les executeurs dudict present testament adviseront, ausquelz enterraiyes, services, obsecques es funerailles sera par lesdicts executeurs employe jusques a. la somme de cent escus soleil, ainsy aussy qu'ilz adviseront pour le mieulx. Item ladicte damoiselle testateresse a donne le"gue, donne et legue par ces presentes a Catherine Hany sa servante la somme de cent escus soleil pour s'en retourner en Escosse en la maison de Monsieur du Fayme milore d'Escosse, nepveux de ladicte damoiselle testateresse, quelle supplie vouloir recepvoir ladicte Catherine, la nourir, loger et entretenir le reste de sa vye, et ce en consideration des bons et agreables services qu'elle a faict a ladicte damoiselle par le passe". Item ladicte testateresse veult et ordonne qu'il soit pay6" a, Jehanne son aultre servante la somme de trente escus soleil tant pour les services qu'elle luy a faict par le passe" que pour argent qu'elle luy a preste. Item ladicte damoiselle testateresse veult estre paye" a Jehan Bourgeois appoticaire demourant a Reims la somme de vingt ou vingt cinq escus soleil sy tant se trouvent monter ses partyes de medecine depuis ses dernieres partyes par elie acquitles. Item ladicte damoiselle testateresse veult estre paye" a. Claude Roussel, bourgeois de Paris, la somme de cincquante escus soleil, tant pour ce qu'il a paye" desbource" pour ladicte damoiselle testateresse a la poursuite d'un procfes qu'elle a en Parlement a, Paris a l'encontre du Sieur de Brillebault que pour ce que icelluy Roussel peult avoir desbourse" au voyage qu'il a faict a Berry pour l'execution de l'arrest contre le Sr de Brillebault, que pour ses services et vaccations en ladicte poursuite et voyage. Item ladicte damoiselle testateresse veult estre pareillement paye" a. Nre Bonnefoy, procureur en Parlement, la somme de huict escus soleil qui luy sont deubz pour frais et sallaires pour ledict proces. Item ladicte testateresse a donne", league, donne et legue par ces presentes a. scaur Francoise Pagesse, relligieuse au prieure" de nostre Dame de Pitie" de Joinville, la somme de cincquante escus soleil pour subvenir a ses necessitez particulieres et affin d'estre particippant en ses prieres et oraisons, priant Madame la prieure dudit lieu permettre a, ladite Frangoise Pagesse d'accepter ledit don pour luy subvenir comme diet est. Item ladicte damoiselle testateresse a donne" legue", donne et legue par ces presentes a MARIE DE SETON 959 honnorable homme Mre Benoist Dozet esleu et conseilher pour le roy nostre sire en testation dudict Reims, la somme de cent escus soleil tant pour son remboursement des deniers par luy advancez pour ladicte damoiselle testateresse audit proces que pour ses peines et vaccations davoir des longtemps assiste ladicte damoiselle testateresse en ses affaires. Item ladicte damoiselle testateresse veult et ordonne que pour l'accomplissement de sondit present testament qu'il soit vendu par les executeurs du present testament sy faire se peult six vingtz cinq livres tournois de rente deulz a ladicte testateresse par damoiselle Clarmonde de Fer veufue de Mre Francois Thuret et aultres denommez audict contract de rente de ladicte constitution de rente, montant le sort principal d'icelle a la somme de six cens escus soleil, desquelz y en a remboursement faict de la somme de cent escus soleil, n'estant plus le sort principal d'icelle rente que de cincq cens escus. Et ou lesditz executeurs ne trouvent a vendre ladicte rente de six vingtz cincq livres tournois, les legataires et debiteurs prendront par les mains desditz executeurs chacun a rata des sommes leguez et declare" estre deubz aux sus nommez ladicte rente. Item ladicte damoiselle testateresse a donne", legue", donne legue par ces presentes a dame Margueritte Kirkcaldye relligieuse en ladicte abbaye de Sainct Pierre, tous et chacuns ses biens meubles a elie appartenant quy sont en ladicte maison de Sainct Pierre, pour en faire, joyr et disposer a. sa volunte", suppliant madicte dame de Sainct Pierre luy permectre d'accepter ledit leg et d'en user et disposer par icelle Kirkcaldye ainsy qu'elle advisera bon estre, excepte" ladicte rente deue par ladicte Clarmonde destined par les legz et acquictz des debtes cy dessus. Item ladicte damoiselle testateresse a diet et declaire" qu'il luy est deub par Baptiste de la Chastre escuyer Sr de Brevillebault la somme de deux mil escus par contract et arrest de nosseigneurs de Parlement de Paris, ensemble les interestz de ladite somme ainsy que porte est par ledict arrest avec les despens taxez et a taxer a lemontre dudit Sr de Brevillebault, lesquelles sommes, interestz et despens et tous les droictz dactions ypothecques et contrainctes que icelle testateresse a contre ledict Sr de Brevillebault et aultres qu'il appartiendra, elie les a donne", legue, donne et legue par ces presentes a illustre princesse Madame Rene"e de Lorraine, nagueres abbesse de Sainct Pierre dudict Reims, en consideration des grandes faveurs, assis tances et bienfaicts quelle a receue depuis seize ou dix sept ans qu'elle sest retiree audict Sainct Pierre, de feue de tres louable memoir Madame Rene"e de Lorraine, grande tante de ladicte dame abbesse, et en son vivant abbesse d'icelle abbaye, nagueres decedde, a la charge toute- ffoys que madicte dame Rende de Lorraine a present abbesse dudict St. Pierre, lorsqu'elle aura receu lesdicts deux mil escus interests et despens, ladicte damoiselle testateresse la supplie tres humblement d'employer lesdictz deux mil escus ainsy qu'il sensuyt savoir d'en delivrer telle somme qu'il convyendra aux quatre ordres des mandiens et minimes dudict Reims pour achecter pour chacun desdits mandiens quinze livres tournois de rente et auxdits minimes vingt livres tournois, pour les obleiger chacun deulx a dir et celebrer chascun an perpetuelle- ment ung service de trois messes haultes et vigilles en l'eglise de ladicte abbaye de Sainct Pierre pour le repos de l'ame d'icelle damoiselle testateresse, excepte" lesditz minimes quy diront ledict service en leur eglise, et seront tenuz fournir lesditz quatre ordres de mandiens et minimes les luminaires qu'il conviendra pour lesdictz services, dont sera faict mention par lesdictes constitutions de rente, ausquelles ladicte dame de Sainct Pierre sera appellee pour en passer les contracts. Item ladicte damoiselle testateresse affin que lesdicts services ne soient obmis a estre celebrez selon l'intention de ladicte damoiselle testateresse, que elie supplie madicte dame lesdicts services estre celebrez durant le caresme, icelle testateresse supplie madicte dame de delivrer telle somme qu'il convyendra audict Dozet pour achecter vingt livres tournois de rente pour appartenir a. icelluy Dozet et a ses enffans et posterite a la charge d'avoir 1'ceuil luy et les siens que lesdictz services soient celebrez selon l'intention de ladicte testateresse sus declaire" ; lequel Dozet ou les siens lesdicts mandiens et minimes advertiront du jour desdicts services pour y assister ; et laquelle rente de vingt livres tournois ladicte damoiselle testateresse a donne, le"gue, donne et legue par ces presentes audict Dozet pour en faire, joyr et disposer par luy et ses hoirs comme de leur propre chose aux fins que dessus. Item ladicte damoiselle testateresse supplie pareillement madicte dame de Sainct Pierre de delivrer telle somme qu'il convyendra pour achecter la somme de cent livres tournois de rente que ladicte damoiselle testateresse donne et legue par ces dictes presentes a. Penfermerye 960 TESTAMENT DE de ladicte abbaye de Sainct Pierre pour estre par la dame enfermiere employe perpetuelle- ment aux necessitez de vivres, boys et aultres dont les reUigieuses malades en icelle enfermerye auront besoing, et sans que lesdicts cent livres tournois de rente puissent estre convertiz ny employez en aultre effect que pour les necessitez desdictes reUigieuses malades; laquelle somme a ses fins sera bailie a ladicte dame enfermiere par la dame depositaire de ladicte abbaye, a la charge de rapporter par ladicte dame enfermyere estat de la despence au bureau de ladicte abbaye y assistante madicte dame, ou a madicte dame seulle a la fin de chacune anne"e. Sur laquelle somme sera pris quatre livres tournois pour estre bailie" par chascun an aux quatre chanoines, chappellains et clerc de ladicte eglise de Sainct Pierre, pour cellebrer ung service de trois messes haultes et vigilles a ladicte eglise de Sainct Pierre pour le repos de l'ame de feue Marye Stuart, vivant Royne d'Escosse et pour le repos de l'ame de ladicte testateresse, laquelle somme de quatre livres tournois sera delivre" par ladicte dame enfermiere par chascun an aus diets chanoines, chappellains et clerc le jour dudict service qu'il plaira a madicte dame d'ordonner estre diet durant le caresme ou a aultre temps soubz le bon plaisir de madicte dame, ensemble lesdictz services desdictz quatre ordres de mandiens, ausquels ledict couvent sera tenu fournir les ornemens seullement. Item ladicte damoiselle testateresse supplie aussy ladicte dame de Sainct Pierre de delivrer telle somme qu'il convyendra pour constituer la somme de dix livres tournois de rente a dame Anne Danquoy et dix livres tournois de rente a dame Marie Mathei, reUigieuses en ladicte abbaye, que ladicte testateresse leur a le"gue et donne pour en joyr leur vye durant, affin de les obligier a prier Dieu pour Fame d'icelle testateresse. Et apres le deces desdictes Danquoy et Mathei, lesdictes rentes appartiendront audix Dozet et a ses hoirs ou ayans cause pour en joyr par eulx d'icelles deux rentes tort et incontinent le deces desdictes Danquoy et Mathei ou de l'une d'elles, auquel Dozet sesditz hoirs ou ayans cause icelle testateresse a donne", le"gue, donne et legue lesdicts deux rentes comme dessus pour les grandes obligations qu'elle a envers ledit Dozet de luy avoir continuellement assiste" en ses affaires et secouruz en ses necessitez. Item ladicte damoiselle testateresse supplie encore madicte dame de delivrer telle somme qu'il conviendra pour acheter cent livres tournois de rente pour estre les lettres de constitution mis es mains dudit Dozet, affin d'employer ladicte somme a faire cellebrer par chacun jour perpetuellement une messe basse en l'eglise dudict Sainct Pierre pour le repos et remede de l'ame de ladicte testateresse, laquelle messe elie desir et supplie Mre Anthoine Personnet icelle dir et celebrer tant qu'il n'aura charge ou benefice qu'il luy puisse empescher la cele bration de ladicte messe, et en ce cas qu'il ne puisse commodement celebrer icelle messe, sera pourveu par ledict Dozet d'un aultre homme d'eglise tel qu'il advisera. Item ladicte damoiselle testateresse supplie aussy madicte dame de fournir telle somme qu'il convyendra pour achecter soixante livres tournois de rente et estre la constitution d'icelle mise es mains du dit Dozet pour recepvoir et employer lesdites soixante livres tournois de rente a faire apprendre mestier a. trois pauvre filles, et pour la premiere ann£e veult ladicte testateresse lesdite soixante livres tournois estre baillez a la niepce de sceur Marie Merresse, a la niepce de Jehanne servante de ladicte testateresse et a la fille de Jehan Ytasse, et pour les aultres ann6"es a. telles pauvres filles que ledit Dozet et ses hoirs adviseront pour le myeulx. Item ladicte damoiselle testateresse supplie pareillement madicte dame d'employer telle somme qu'il convyendra pour achetter vingt livres tournois de rente qu'elle a donne" I6gu6 par ces presentes aux cordelieres dudict Reims a la charge de celebrer par chacun an a tousjours perpetuellement en leur eglise ung service de trois messes haultes et vigilles pour le salut de l'ame de ladicte damoiselle testateresse et seront les ornemens et luminairez fourniz par lesdites religieuses cordelieres. Item ladicte damoiselle testateresse a donne", \6gui, donne et legue par ces presentes a, madicte dame de Sainct Pierre le surplus desdict deux mil escus, interests et despens, laquelle elie supplie ensemble tous lesdictz legataires desdictez deniers de tenir la main au recouvre- ment desdictes sommes, priant aussy ledict Dozet de les y assister en la poursuite luy fournissant deniers pour ce faire par madicte dame et legataires chacun au rata de leur legz. Item ladicte testateresse a pour les fins que dessus cedde touttes ses actions et poursuites et ypothecques a madicte dame mesmer de faire adnuller le contract faict avec ledict Sr de Brevillebault a faulte de payement et disposer et allyener les droictz mentionnez endict con tract a telle personne ou personnes que bon luy semblera sauf touteffoys employer par madicte MARIE DE SETON 961 dame les deniers aux effects que dessus, et sans que madicte dame puisse estre inquiette" pour la delivrance des diets deniers sy non apres qu'elle les aura receuz. Item ladicte testateresse a diet, declare que combien quelle ayt laisse les meubles estant en sa chambre, garderobbe et cabynet a dame Margueritte Kircaldye pour en disposer a sa volunte, neanmoings ladicte testateresse veult et entend que ladicte Kircaldye distribue des diets meubles selon et ainsy qu'elle luy a ordonne verballement et dont elie veult icelle Kircaldye estre creue par sa simple parolle. Et pour lequel present testament accomplir et mectre a execution deue de poinct en poinct selon sa forme et teneur a icelle damoiselle testateresse nomme et esleu pour executeurs d'icelluy venerable et discrette personne Mre Anthoine de Beauchesne, prebtre, chanoine et soulz chantre en l'eglise de Reims et ledict Mre Benoist Dozet, ausquelz et a chacun deulx elie a donne et donne par ces presentes plain pouvoir puissance auctorite et mandement special d'icelluy present testament accomplir en soubmectant pour ce faire entre leurs mains tous et chacuns ses biens jusques a plain et entier accomplissement d'icelluy, auquel de Beauchesne ladicte damoiselle a donne et legue son orloge pour ses peines de ladicte execution testa- mentaire. Lequel present testament a este nomme, dicte, et devise par ladicte damoiselle testateresse mots apres aultres et a elie leue et releue par l'un de nous notaires l'aultre present qu'elle a diet avoir bien entendu et estre sa derniere volunte. Ce fut faict en ladicte maison abbatialle de St. Pierre apres midy le quatorsiesme jour d' Avril l'an mil six cens et deux par devant nous notaires royaulx. Et a ladicte dame testateresse signe ces presentes. (Signe) Marie de Seton. J. ROGIER. G. Charlier. 7 Juin 1602. Cejourdhuy septiesme jour de Juing du diet an mil six cens et deux, est comparu en personne pardevant nous notaires du roy nostre sire hereditaires en son bailliaige de Ver- mandois demourans a, Reims soubz signez, damoiselle Marie de Seton testateresse denomme en testament devant transcript et quy a diet et declaire qu'elle a revocque et revocque par ces presentes son diet testament devant transcript quelle veult et entend qu'il soit de nul effect et valleur, n'entend s'en servir ny ayder en aucune chose et maniere et qu'il soit et demeure cas et nul et comme chose non advenue et la revocque et revocque par ces presentes, comme diet est, en tous ses poinctz forme et teneur. Dont et de laquelle revocation et chose susdicte ladicte damoiselle Marie de Seton nous a requis le present acte pour luy servir et valloir en temps et lieu ce que de raison. Faict en la maison abbatialle du diet S. Pierre apres midy les jour et an que dessus, et a ladicte damoiselle de Seton signe ces presentes. (Signe) mrie dkstfyt J. ROGIER. G. Charlier. (Extrait des minutes de G. Charlier, notaire a Reims, copie par A. Duchenoy, employe a, la Bibliotheque de Reims, et certifie conforme.) [Copie transcrite par M. A. Duchenoy employe a la Bibliotheque de Reims, et transmise a M. Seton sur sa demande le 4 Novembre 1893. H. Jadart. Conservateur adj. de la Bibliotheque. ] 6 F 962 ENGLISH TRANSLATION OF Abstract placed in the hands of the said Dozet for the said testatrix in order that the same might be sent to Scotland. English Translation of the Will of Mary Seton, Maid of Honour to Mary Stuart, drawn up before a notary at Rheims on the 14th April 1602, and revoked on the 7th of the following June. 1 4th April 1602. Having compeared in person Damoiselle Mary Seton, maid of honour to the late Queen of Scotland, living in the abbey-house of St. Peter at Rheims, being sick and laid on a bed in an upper chamber of the said house, being of sound sense, good memory and intelligence, as it appeared : Considering that nothing is more certain than death, or more un certain than the hour of the same, not wishing to pass from this mortal scene intestate, but wishing, with all her heart, to provide for the welfare and salvation of her soul, has made her Will and ordinance of her last wishes, in the form and manner which follows, by can celling, revoking, and annulling every other Will and codicil which she has made or may have made hitherto, wishing this her present Will to have full and entire effect both by law and custom. First, the said lady testatrix has recommended and does recommend her soul to God our Creator, and to the holy Virgin Mary, to St. Peter, and to all the celestial court in Paradise. Wishes her debts to be paid and acquitted as far as they shall appear, by the hands of the executors of these presents, her Will, to be afterwards named. Wishes her body, after death, to be inhumed and interred in the church of the said St. Peter, in such place as it shall please the lady of the said St. Peter, the nuns and convent, according to their good pleasure. Wishes and orders that her interment shall be conducted by the said convent of St. Peter, the funeral services and obsequies being according to the Will and as the executors of the said present Will shall advise, for which interment, funeral services, and obsequies the said executors shall employ up to the sum of one hundred escus soleil, as they shall advise for the best. Item, the said lady testatrix has given and bequeathed, gives and bequeaths, by these presents, to Catherine Hany, her servant, the sum of a hundred escus soleil, that she may return to Scotland, to the house of Monsieur du Fayme (?), ' my lord ' of Scotland, nephew of the said lady testatrix, whom she requests to receive the said Catherine, to feed, lodge, and keep her during the rest of her life, and this in consideration of the good and acceptable services which she has rendered in the past to the said lady. Item, the said testatrix wishes and orders that there shall be paid to Joanna, her other servant, the sum of thirty escus soleil, as much for the services which she has rendered in the past as for money which she has lent to her. Item, the said lady testatrix wishes that there shall be paid to John Bourgeois, apothecary, living at Rheims, the sum of twenty or twenty-five escus soleil, if her accounts for medicine amount to so much, since the last accounts paid by her. Item, the said lady testatrix wishes that there shall be paid to Claude Roussel, a citizen of Paris, the sum of fifty escus soleil, as much for what he has paid and disbursed for the said lady testatrix in the course of a lawsuit which she has in the Parliament, in Paris, against the lord of Brillebault, as for what the said Roussel may have disbursed in the journey which he made to Berry to execute the arrest against the lord of Brillebault, as for his services and absences in the said prosecution and journey. Item, the said lady testatrix wishes that, in like manner, there shall be paid to M. Bonnefoy, procurator in Parliament, the sum of eight escus soleil which are due to him for expenses and outlay in the said lawsuit. Item, the said testatrix has given, bequeathed, gives and bequeaths, by these presents, to Sister Frances Pagesse, nun in the priory of Our Lady of Pity of Joinville, the sum of fifty escus soleil to provide for her private necessities, and in order to participate in her prayers and supplications, praying the lady prioress of the said place to allow the said Frances Pagesse to accept the said gift to provide for her as has been said. MARY SETON'S TESTAMENT 963 Item, the said lady testatrix has given, bequeathed, gives and bequeaths, by these presents, to the honourable man, Mre Benoit Dozet, esleu and counsellor for our lord the King, at the election in the said Rheims, the sum of a hundred escus soleil, as much to reimburse him for money advanced by him for the said lady testatrix in the said lawsuit, as for his labour and outlay in having for a long time assisted the lady testatrix in her business. Item, the said lady testatrix wishes and orders that for the accomplishment of her said present Will there shall be sold by the executors of the present Will, if that can be done, six hundred and twenty-five livres tournois of income due to the said testatrix by the lady Clarmonde de Fer, widow of Mre Francis Thuret, and others named in the said contract, of income of the said constitution of income, raising the principal part of this to the sum of six hundred escus soleil, of which, there being a reimbursement made of one hundred escus soleil, the principal part of the same being only five hundred crowns. And should the said executors not be able to sell the said income of six hundred and twenty-five livres tournois, the legatees and debtors shall take, from the hands of the said executors, each according to value of the sums bequeathed and declared to be due to the above named of the said income. Item, the said lady testatrix has given, bequeathed, gives and bequeaths, by these presents, to Dame Margaret Kirkcaldy, nun in the said Abbey of St. Peter, all and each of the moveable goods belonging to her, which are in the said house of St. Peter, to enjoy and dispose of at her will, entreating the said lady of St. Peter to allow the said legacy to be accepted, used, and disposed of by the said Kirkcaldy, as she shall see it good to do, except the said income due by the said Clarmonde destined for the legacy and discharge of the debts above named. Item, the said lady testatrix has said and declared that there is due to her by Baptist de la Chastre, Knight, lord of Brevillebault, the sum of two thousand crowns, by contract and decree of our lords of the Parliament of Paris, together with the interest of the said sum, as is shown in the said decree, with the expenses charged and to be charged against the said lord of Brevillebault, which sums, interest, and expenses, and all the rights, claims, hypothecs, and constraint that this testatrix has against the lord of Brevillebault, and others belonging to him, she has given, bequeathed, gives and bequeaths, by these presents, to the illustrious princess, Madame Renee of Lorraine, formerly abbess of St. Peter in the said Rheims, in consideration of the great favour, assistance, and benefit which she has received during the sixteen or seventeen years which she has spent in the said St. Peter, from the late and' very praiseworthy lady, Madame Renee of Lorraine, great-aunt of the said lady abbess, and during her life abbess of the said Abbey, lately deceased, on condition, however, that when the said lady Renee of Lorraine, at present abbess of the said St. Peter, shall have received the said two thousand crowns, interest, and expenses, the said lady testatrix very humbly entreats her to use the said two thousand crowns as follows, viz., to pay such a sum as may be needful to the Orders of Mendicants and Minims in the said Rheims, to purchase for each of the said Mendicants fifteen livres tournois, and for the said Minims twenty livres tournois, to oblige each of them to say and to celebrate, each of them in perpetuity, a service of three high masses and vigils in the church of the said Abbey of St. Peter, for the repose of the soul of this lady testatrix, unless the said Minims shall say the said service in their church, and shall be bound to supply the four Mendicant and Minim Orders with the lights suitable for the said services, of which mention will be made in the said constitutions of income, to which the said lady of St. Peter shall be called to confirm the contracts. Item, the said lady testatrix, in order that the said services be not omitted to be celebrated according to the intention of the said lady testatrix, entreats the said lady that the said services may be said during Lent, the said testatrix entreats the said lady to deliver such a sum as shall be suitable to the said Dozet to purchase twenty livres tournois of income to belong to the said Dozet and his children and posterity, on condition that he and his will see that the said services shall be celebrated according to the intention of the said testatrix above declared, and the said Mendicants and Minims shall advise the said Dozet and his of the day of the said services, to be present at them, and which income of twenty livres tournois the said lady testatrix has given and bequeathed, gives and bequeaths, by these presents, to the said Dozet, to be enjoyed and disposed of by him and his heirs as their own property, for the ends above named. 964 ENGLISH TRANSLATION OF Item, the said lady testatrix also entreats the said lady of St. Peter to deliver such a sum as shall be suitable to purchase the sum of a hundred livres tournois of income, that the said lady testatrix gives and bequeaths by these presents to the infirmary of the said Abbey of St. Peter, to be used in perpetuity by the lady superintendent for the necessities of food, fire-wood, and other things which the invalid nuns in this infirmary may need, prohibiting the said hundred livres tournois from being converted or put to any other use than for the necessities of the said invalid nuns, which sums, for these purposes, shall be given to the said lady superintendent by the lady storekeeper of the said Abbey, on condition that the said lady superintendent shall report the state of expense each year at the office of the said Abbey, the said lady being present, or to the said lady alone. From which sum shall be taken four livres tournois, to be given each year to the four canons, chaplains, and clerk of the said church of St. Peter, to celebrate a service of three high masses and vigils in the said church of St. Peter for the repose of the soul of the late Mary Stuart, Queen of Scotland, during her life, and for the repose of the soul of the said testatrix, which sum of four livres tournois shall be delivered by the said lady super intendent each year to the said canons, chaplains, and clerk, on the day of the said service, as it shall please the said lady to order its being said during Lent or at any other time according to the good pleasure of the said lady, together with the said services of the said four Orders of Mendicants, for which the said convent shall be bound to supply only the ornaments. Item, the said lady testatrix also entreats the said lady of St. Peter to deliver such a sum as shall be needed, in order to provide the sum of ten livres tournois of income to dame Anne Danquoy, and ten livres tournois of income to dame Mary Mathei, nuns in the said Abbey, which the said testatrix has bequeathed and given to them to enjoy during their life, in order to oblige them to pray to God for the soul of this testatrix. And after the decease of the said Danquoy and Mathei, the said incomes shall belong to the said Dozet and his heirs, or those entitled to enjoy these two incomes, instantly and unconditionally, on the decease of the said Danquoy and Mathei, or of one of them, to which Dozet, his said heirs, or those having a title, this testatrix has given, bequeathed, gives and bequeaths, the said two incomes as above for the great obligations which she has to the said Dozet for having continually assisted her in her business and succoured her in her necessities. Item, the said lady testatrix also entreats the said lady to deliver such a sum as shall be suitable in order to secure a hundred livres tournois of income, to be the letters of constitution ¦put into the hands of the said Dozet, in order to employ the said sum in causing to be celebrated, each day, in perpetuity, a low mass, in the church of the said St. Peter, for the repose and wellbeing of the soul of the said testatrix, which mass she desires and entreats Mre Anthony Personnet to say and to celebrate, so long as he may have no charge or benefice which may prevent him from celebrating the said mass, and in case he cannot conveniently celebrate the said mass, another churchman shall be provided by the said Dozet, as he may advise. Item, the said lady testatrix entreats also my said lady to furnish such a sum as shall be suitable to purchase sixty livres tournois oi income, and the constitution of the same to be put into the hands of the said Dozet to receive and to use the said sixty livres tournois of income in teaching a trade to three poor girls, and for the first year the said lady testatrix wishes the said sixty livres tournois to be applied for the niece of Sister Mary Merresse, for the niece of Joanna, servant of the said testatrix, and for the daughter of John Ytasse, and for the other years to such poor girls as the said Dozet and his heirs shall advise for the best. Item, the said lady testatrix also entreats my said lady to employ such a sum as shall be suitable to purchase twenty livres tournois of income, which she has given and bequeathed by these presents to the Cordeliers of the said Rheims, on condition of celebrating each year, and in perpetuity in their church, a service of three high masses and vigils for the salvation of the soul of the said lady testatrix, and the ornaments and lights shall be furnished by the said Cordelier nuns. Item, the said lady testatrix has given, bequeathed, gives and bequeaths, by these presents, to my said lady of St. Peter, the surplus of the said two thousand crowns, interest and principal, and she entreats all the said legatees together of the said funds to lend a hand in recovering the said sums, also requesting the said Dozet to assist them in this pursuit, providing them with funds to make it, by my said lady and legatees, each according to the value of their legacy. MARY SETON'S TESTAMENT 965 Item, the said lady testatrix has given up, for the above purposes, all her deeds and prosecutions and hypothecs to my said lady, even to the annulling of the agreement made with the said Lord of Brevillebault, in default of payment, and to dispose and alienate the rights mentioned in the said contract to such person or persons as shall seem good to her, excepting always to employ by my said lady the money or effects as above, and without my said lady being disturbed about the delivery of the said sums until she has received them. Item, the said testatrix has said and declared, that although she has left the moveables in her room, wardrobe, and cabinet to lady Margaret Kirkcaldy to dispose of according to her will, nevertheless the said testatrix wishes and means that the said Kircaldy shall distribute the said moveables according as she has settled it verbally, of which she wishes the said Kircaldy to be believed on her simple word. And in order that this present Will may be accomplished and put into execution from point to point according to its form and tenor, the same lady testatrix has named and chosen as executors of the same the venerable and discreet Mre Anthony of Beauchesne, priest, canon, and subchanter in the church of Rheims, and the said Mre Benoit Dozet, to whom and to each of them she has given, and gives, full power, ' puissance,' and authority, and special mandate by this present Will to accomplish, by placing in their hands, to do this, all and each of her goods for the full and entire accomplishment of the same, to which de Beauchesne the said lady has given and bequeathed her time-piece for the trouble of the said testamentary execution. Which present Will has been named, dictated, and devised, one word after another, by the said lady testatrix and read and re-read to her by one of us notaries, the other being present, which she has said she understood well, and that it is her last wish. This was done in the said Abbey-house of St. Peter, in the afternoon on the fourteenth day of April, in the year one thousand six hundred and two, before us, notaries-royal. And the said lady testatrix has signed these presents. (Signed) Marie de Seton. J. Rogier. G. Charlier. 7 th June 1602. On this day, the seventh of June in the said year one thousand six hundred and two, there compeared in person before us, notaries of the King our lord, heritors in his bailiwick of Vermandois, living at Rheims, the undersigned damoiselle Mary of Seton, named testatrix in the Will before transcribed, and who has said and declared that she has revoked, and revokes by these presents, her said Will before transcribed, that she wishes and desires that it should be of no effect or value, wishes that it be not used in any thing or manner, and that it may be and may remain null and void, and as a thing not having happened, and she has revoked and revokes by these presents, as is said, all its points, form, and tenor. Of which, and of which revocation and things above said, the said lady Mary of Seton has required from us the present deed to be of use and value in reasonable time and place. Done in the Abbey-house of the said St. Peter, afternoon, on the above named day and year, and the said lady of Seton has signed these presents. (Signed) Marie de Seton. J. Rogier. G. Charlier. [Copy transcribed by M. A. Duchenoy, employed in the Library of Rheims, and transmitted to Mr. Seton, at his request, 4th November 1893. (Signed) H. Jadart, Assistant Keeper of the Library.} 966 EDINBURGH COUNCIL RECORDS 13. Extracts from the Edinburgh Council Records during the Provostship of Alexander, First Earl of Dunfermline. [Referred to at page 645.] 1598, Nov. 7. The which day Henry Nisbet, Provost, the Bailies, etc., being convened for election of the Provost, Bailies, Dean of Guild, and Treasurer for the year to come, upon report made to them by my Lord Provost of His Majesty's will and mind declared to his Lordship that day in presence of the Lords of Council and Session, they agreed and ordained that my Lord Alexander Lord Vrquhart and Fyvie, President, be put upon the Leets of the Provost in place of the name of John Robertson, and the said John's name deleted forth thereof. — Vol. x. fol. 210. The same day Alexander Lord Vrquhart and Fyvie, President, is made burgess and guild brother of this burgh by right of the late George Lord Seytoun his father, burgess and guild brother of the same, and gave his burgess and guild oath as use is. — Vol. x. fol. 210. The same day 'Electis creattis and constitutes Alexander Lord Vrquhart and Fyvie Prouest of this burght for the yeir to cum,' John Moreson, William Hamilton, John Lowry, and James Forman, bailies ; David Williamson, Dean of Guild ; and Robert Hereis, Treasurer. The said Lord Provost, James Forman, and David Williamson compearing, accepted the said offices, and gave their solemn oaths for due administration of the same. — VoL x. fol. 210. 1598, Nov. 8. A list of the new Council is given on this date, beginning 'Prouest, Alexander Lord Fyvie, President,' etc. etc. — Vol. x. fol. 211. The said Lord Fyvie's name appears frequently as Provost in annis 1598-9, noticeably on special occasions, such as choosing commissioners to the Convention of Estates, etc. 1598, Nov. 11. The which day Alexander Lord Fyvie and Vrquhart, President of the College of Justice, and Provost, the Bailies, etc., being convened in council, compeared Captain John Ramsay and confessed his offence done to Henry Nisbet, late Provost, and submitted himself to the Council's will, etc. — Vol. x. fol. 211. 1599, March 6. The Bailies and most part of the Council being convened, grant unto Mr. George Seytoun the escheat goods of the late James Ramsay, pertaining to the Town through his conviction and execution before them for slaughter, and for what he gets more than ^108 owing to himself, he is to account for to the Treasurer. — Vol. x. fol. 226. 1599, Sept. 28. This day elect the persons following to be on the Leets of the new Provost, Bailies, etc., which should be chosen to serve in the said offices, to wit : — Provost — Alexander Lord Fyvie, President, William Lyttill, William Naper ; Bailies — Thomas Fyschear, etc. etc. etc. — Vol. x. fol. 250. 1599, Octr. 10. The which day the Bailies and one part of the Council being convened, compeared Alexr. Inglis, servitor to my Lord Provost, and in name of 'ane nobill Lady Deyme Issobell Hamiltoun Lady Setoun,' delivered to William Hamilton, Bailie, the sum of £%o as for the silver duty of the teinds of Easter and Wester Barnis, pertaining to the Abbey of Haddington, of the crops and years of God 1595, 1596, 1597, and 1598. Discharge the said noble Lady, her heirs, etc., of the said sum. — Vol. x. fol. 250. 1599, Nov. 7. The Bailies and most part of the Council being convened for confirma tion of the charter made by James Abernethie in Saltoun to Sir William Seytoun, of the lands of Gilstoun holding of the Prebendaries of the Trinity College, grant the composition thereof to the said Sir William gratis for the Town's part. — Vol. x. fol. 253. 1599, Nov. 10. The which day Alexander Lord Fyvie, President of the College of Justice, and Provost of this burgh, with the Bailies, Dean of Guild, etc., being convened in Council for electing of the new Provost, Bailies, Dean of Guild, Treasurer, etc., for the year to come, it was reported by my Lord Provost, That it was His Majesty's will and mind that (sic) Earl of Montrose, Chancellor, should be put in the Leet of the Provost of this burgh in place of William Lyttill, to which the said Provost and Bailies consented, and pro ceeding to the election they voted and elected of new the said Alexander Lord Fyvie to be Provost for the year to come, who compearing accepted the said office and gave his oath de fideli, etc. — Vol. x. fol. 253. FROM 1598 TO 1608 967 1600, Augt. 6. The which day Alexander Lord Fyvie, President, Provost of this burgh, the Bailies, etc. etc. : — My Lord Provost exhibited and caused to be read before them, and in presence of Mr. Robert Bruce, Mr. James Balfour, and (sic), Ministers of this burgh, ' ane Lettre missive direct from Falkland to his Lordship be David Moyes, writer, declayring at lentht the forme and maner the treasonabill conspiracie intendit be umquhile (sic) Erie of Gowrie and Mr. Alexander his brother for murthering of His Majestie in the said Lordis hous zisterday after none the fyft of this moneth, and how His Majestie be the providence of God escaippet the samyn ; and als producit ane uther Lettre presentit be Sir Patrik Murray dirict be His Majestie to my Lord Chancellar anent the sam mater, and bering ane command to the Ministrie to conveyne thair flokis and prayse God for His Majesties delyverance ; and als that the castell suld shuitt thair haill ordnance, and the haill bellis of this burght suld regne for joy of His Majesties preservatioun. Quhilk beand red and publist to the said Ministeris beand personallie present thay tuik thame to thair advysement. And the said Provest, Baillies and Counsail for thair pairtis thanket God for His Majesties preservatioun, and ordanit that the haill bellis of this burght suld be ringand, bayne fyres sett furth; and appoyntes Thomas Fyschear and Thomas Geddes to pas to the Secreitt Counsail and declair to thame the Townis mynd, and to inquyre quhen the said bellis suld ring and quhow lane.' —Vol. xi. fol. 8. 1600, Augt. 6. The same day the said Provost, Bailies, etc., being convened in the afternoon, ordain Thomas Fyschear and Andrew Scott 'be direct' to Falkland to His Majesty with their missive to congratulate His Majesty's deliverance, require His Majesty's 'ower- cuming,' and to offer the Town's service. — Vol. xi. fol. 8. 1600, Augt. 8. The Bailies and Council, understanding that His Majesty is to come over the water on Monday next, find it expedient that the whole Council meet His Majesty in Leith in their best armour, and ordain that the neighbours be warned to this effect under pain of j£2o.— Vol. xi. fol. 8. 1 60 1, Nov. 3. Which day Alexander Lord Fyvie, President of the Council and Provost of this burgh, with the Bailies, Council, and Deacons of Crafts, with Council old and new, being convened for electing of the Provost, etc., by a plurality of votes elected the persons under written from the Leets made on 25 th September last, to wit, the said Alexander Lord Fyvie to be Provost for the year to come, who being removed and compearing accepted the said office, and gave his oath, etc. List of new Council given same day. — Vol. xi. fol. 62. 1602, Septr. 21. The said day Alexander Lord Fyvie, President, Provost of this burgh, with the Council, being convened, there was presented a letter from His Majesty desiring that the Town should provide fifty ' Hakbuters ' against the 28th September instant, to attend upon His Majesty toward the west borders during the time of his remaining there. The Provost and Council being advised therewith, resolved that they would not take upon them the burden of the whole burghs ; and albeit his suit was not reasonable, yet they were ready to pay their own part of 50 men for 2 months, amounting to 1 200 merks, and appoint my Lord Provost, the Bailies, John Marjoribanks, George Heriot, and Gilbert Primrose, to pass to His Majesty's Treasurer and report answer. — Vol. xi. fol. 101. 1604, Aug. 29. The which day the Bailies, etc., being convened, ordain Ninian M'Morane and James Formane to pass to ' my Lord Chancellar and Lordis of Secreit Counsell, who ar to convene the morne at Perthe,' and to show their Lordships the state of Henry Nisbet and his disease, whereby he is not able to pass into England ; and desire that their Lordships would give the Town liberty to elect one of the town to supply his place in England at the meeting of the Commissioners appointed by the burghs for the matter of the union of both Realms. — Vol. xi. fol. 155. 1605, March 1. The which day 'Alexander Erie of Dunfermline Lord Fyvie and Provost of this burgh, with the Baillies, Deyne of Gild, Thesaurer and Counsail for the maist pairt beand convenit, the said Lord Provest acceptit his office and gaif his ayth thairof, and thair- efter the said Provest, Baillies, and Counsail ratefeyet and approvet the Actis maid of befoir ordaining that the Magistratts and Counsail suld convene and sitt in Counsail cled with Gownis, and ordanit the sam to be observet in tyme coming, and to begyn the first of Aprile nixt.' — Vol. xi. fol. 169. 1605, May 8. The which day the Bailies, Treasurer, and Council presently convened, ordain John Robertson, Dean of Guild, to cause repair the Provost's seat in the Council 968 EDINBURGH COUNCIL RECORDS Loft,1 and to take away ' the forme and plaice ane chyre there, and mak ane plaice before to lay his Lordschippis cuscheoun upoun, as alswa to mak ane clayth of velvett to cover the sam.' — Vol. xi. fol. 174. 1606, May 21. The which day 'ane nobill and potent Lord Alexander Erie of Dun fermling Lord Fyvie and Urquhart Greitt Chancellare of Scotland and Provest of Edinburghe,' the Bailies, etc., being convened in council anent the Supplication given in by James Kinloch, Deacon of the Chirurgeons, against John Makilrow and others, Barbers, representing that it is statute and ordained among them that no person of their craft who is but a simple barber, and not otherwise qualified in the art of Chirurgery, shall in nowise use any points of Chirurgery : The said Provost, Bailies, etc., Decern and Ordain the said Barbers to desist and cease from exercising any point of the art of Chirurgery within the liberties of this burgh, but only to ' cow (clip), schaif, wasche, and to mak aquavitie allannerlie,' and to act themselves in the Town's Books to that effect. — Vol. xi. fol. 202. 1607, May 1. James Nisbet, etc., Bailies, the Dean of Guild, with the Council, 'Under standing that it is the custome of maist renownit citeis to haif the effigie or Statue of thair Prince sett up upoun the maist publict pairts of thair citie, and the Provest Baillies and Counsail having now put to thair hand to the reparatioun of thair Nether Bow of purpost to sett ane Steipill and ane knok thairupoun, Thairfore thai haif thocht expedient and ordanet to affixe and sett up upoun the maist publict and honorabill pairt of the said Port the image or Statue of His Majestie gravin in maist prynclie and decent forme in remembrance of His Majestie and of thair sincere affectioun borne unto him.' And to that effect they give com mission to the said Bailies, Dean of Guild, etc., to consult and advise how the same may be most honourably and perfectly done. — Vol. xi. fol. 227. 1608, Sept. 28. The which day compeared Mr. Patrick Galloway, Mr. John Hall, and Mr. Peter Hewatt, Ministers of this burgh, and produced the King's Majesty's Letter under written, directed to the Bailies and Council, who ordained the same to be registered in their Council Book, whereof the tenor follows : — ' James R. Trustie and weill belovet, We greitt you weill : Quhairas it hes bene formerlie appoyntet by Statute of Parliament, that every Burght suld mak choice of thair Magistratts within thameselffis that so the administratioun of the Toun suld be committet to none bot suche as being of the estaitt of burgessis had the knawlege and skill in those meaynes quhilk may enriche any borrough or citie quhiche is tradeing and merchandice, and thairfore We haif thocht meitt speciallie to will and command you to mak choice for your Provest this year (of) some one of youre ordinare burgessis of best worth and qualitie according to the forme of other electiounes usit all amangis yow|before the late corruptioun of the chesing of nobilmen, whiche we hold to haif done muche harm to the estaitt of the cities and borrowes of that our Kingdome, and whiche We intend to haif generallie remediet through that hole (sic) king- dome : And thairfore our speciall pleasour will and command is that yow at this your electioun mak choice of one of your awin burgessis for your Provest, and thairat have a speciall cair and regairde that none be putt upoun any of the Lyttes of any sorte of Magistracie within this burgh bot suche as ar knawin to be weill affected in Religioun, without the leist presumptioun of any suspitioun to the contrair, as ye will answer thairupoun at your perill : And so we bid yow fairweill from our Court at Hamptoun the 24 of September 1608.' — Vol. xi. fol. 268. 1608, Sept. 30. The same day the Bailies and Council, old and new, presently convened, they elected the persons under written to be upon the Leets of the Provost, Bailies, etc., to wit : — Provost — Alexander, Earl of Dunfermling, Lord Chancellor, Sir John Arnott of (sic), William Naper.' — Vol. x. fol. 269. 1608, Oct. 4. The which day Alexander Earl of Dunfermling, Lord Fyvie and Urquhart, Great Chancellor of Scotland, and Provest of this burgh, the Bailies, etc., with the Council, being convened for electing the Provost, Bailies, etc., of the said burgh, who should occupy the offices for the year to come (sic). — Vol. xi. fol. 269. [Note. — On fol. 270 follows a List of the new Council, containing all the names except that of the Provost, which is left blank, thus : — ' Provest .'] 1608, Nov. 15. The Bailies and Council, old and new, being convened, ' Understanding that the King's Majestie is hielie offendit at the Toun for the electioun of the Provest maid 1 Fol. 1 88, 'in the Kirk,' CHANCELLOR SETON 969 the fourt of October last and takis the sam in evill pairt as nocht agreane with His Majesties Lettre direct unto thame and registrat the xxviij of September last, and that my Lord Chancellare than electit Provest will nocht accept the office, and is content that thai mak new electioun : Thairfore the said Baillies, Deyne of Gild, Thesaurer and Counsail awld and new with the Deykins of Crafts hes furth of the Lyttes of the Provest maid the last of September foresaid electit creatt and constitutit Sir Jhonne Arnott of Bersik Knight, Thesaurer Deputt of Scotland, thair Provest for the year to cum, quha comperand acceptit the said office and gaif his ayth de fideli,' etc. Further, they appoint James Nisbet and William Rig, merchants, their commissioners, to pass to His Majesty, and excuse themselves, and show His Majesty their reasons moving them to their former election ; and to satisfy and pacify His Majesty in all things, to show of their new election presently made for obedience of His Majesty's goodwill and pleasure. — Vol. xi. fol. 274. * Vol. xii. fol. ia. — The first entry in this volume is a list of the Town Council for the year 1608-9, as follows: — 'At Michaelmes 1608. Provest — Sir Jhonn Arnott of Bersik, Knycht, Thesaurer Deputt of Scotland ; Baillies — Thomas Fyschear,' etc. etc. Then follows the name of Dean of Guild and Treasurer, after which : — ' Counsail — Alexander Erie of Dunfermling Lord Fyvie and Urquhart Greitt Chancellare of Scotland, and in his Lordschippis absence Alexander Peirsoun merchant,' etc. etc. [The foresaid Sir John Arnot appears to have continued Provost up to 161 5.] 14. Notice of Alexander Seton, First Earl of Dunfermline, in Georgii Con^ei De duplici statu Religionis apud Scotos, Romse, Typis Vaticanis, mdcxxviii. ; communicated by Sir Thomas Dawson- Brodie, Bart. [Referred to at p. 655.] Dum comites exularet, vix dici potest in quantam audaciam insolens ministrorum nequitia creuerit, quod nulla superesse in Scotia potetiam putaret qua impiae temeritatis gradus sisti posset. Sic ejectis regno orthodoxse fidei strenuis propugnatoribus, ad caeteros opprimendos sese accingunt. Hae in parte dum regem qui plures catholicos publicis ac privatis adhibebat consiliis, expectatione sua inuenissent segniorem, quasi furiis perciti templa, fora, et plateas seditiosis querelis impleuere. Regem purioris euangelii pertcesum, Papismo jam palam fauere : frustra in populo erudiendo laborare verbi Dei ministros, frustra vitas suas Papistarum inuidioz obijeere : quos rex non modo viuere sineret, sed prozcipuis dignitatibus ornaret. Se Deum hominesque testes vocare, fidei causa non a se, sed a rege proditd. Unus erat Alexander Setonius contra quern comune et consentiens ministroru omniu odium apparebat, ac querelae non obscure spargebantur. Hie, ex nobilissima et Catholica Setonioru Comitu familia, Romse multis annis vixit, virtutis no miniis, quam pietatis studiosus, in patriam redux, cu generis nobilitate, ac prudetias laude clarus esset, Regi in paucis charus fuit. A quo opuletis praediis auctus supremi Senatus Preeses primum, turn magnus Scotiae Cacellarius euasit in eo munere tantam justitiae integritatisque famam adeptus est, ut morientis funus luctu publico ornatum fuerit. Hie, ante annos quatuor, dum animam ageret, coram frequentissima procerum multitudine, ipsisque adeo inspectantibus et audientibus hsereticis nonnullis, et ex ministrorum factione primariis, orthodoxam veritatem palam et constanter professus asseruit, se nihil in vita seque pcenitendum egisse, quam quod remissiorem et minus acrem in vera fide profitenda, ut Principi more gereret, se exhibuerit. Haec no sine lachrymis loquutus, adstates rogavit, ut testes essent, ipsum in Catholica Romana Ecclesia mori. Quae addidi ut Scoti mei ilium virum imitentur morientem, quem viventem tantopere mirati sunt. Ego interea ad Puritanos revertor : quorum effraenam audaciam dum ego narro, tu detestaberis pie lector. 6G 970 DUNFERMLINE DOCUMENTS 15. List of Documents connected with the Earls of Dunfermline in the possession of Captain Edward Dunbar-Dunbar of Seapark, Forres. 1. Acquittances by Alexander Seton, first Earl of Dunfermline and Chancellor of Scotland, to William Dunbar, 1608-9. 2. Do. do., 1611-16. 3. Discharge by Charles Seton, second Earl of Dunfermline, to David Dunbar, 1655-6. 4- Do. do., 1657. 5. Tack of Fishings on the Spey in favour of James Dunbar, signed by Charles Seton, second Earl, and James Seton, fourth and last Earl of Dunfermline, 1655 and 1686. ( Vellum .) 6. Tack of Fishings by the Factor of the last Earl of Dunfermline, in which his creditors are mentioned, 1699. 7. Letter relative to money matters from Jean, Countess of Dunfermline (widow of the fourth and last Earl), daughter of Lewis, third Marquis of Huntly, and sister of George, first Duke of Gordon, 1702. With the exception of that of the Chancellor (whose various signatures will be found at p. 657), facsimiles of the signatures are annexed. CHARLES, SECOND EARL OF DUNFERMLINE. 4ytsrt/er)jie/i*jr JAMES, FOURTH EARL OF DUNFERMLINE. LADY JEAN GORDON, COUNTESS OF THE FOURTH EARL. 'DRIPPING STONE' OF FYVIE 971 16. Letter from King Charles I. to John, Archbishop of St. Andrews and Chancellor of Scotland, relative to the precedency of Chan cellor Seton's widow. From a contemporary copy at Brechin Castle, communicated by the late Mr. Andrew Jervise. The letter is indorsed by Patrick Maule, through whom the application which it embraces may have been made. < [Referred to at p. 659.] Charles R. — Richt trustie and right welbelouit cousine and counseller, the right reverend father in God, Wee greet you weill. Being humblie suied vnto us in behalfe of the Ladie, our richt trustie and weel-belovitt, the Lady Almond, That we would be pleased to give order that schoe micht not lose the place quhilk schoe had as the wyfe of hir late husband the Earle of Dumfermeline, sumtyme our chanceller of that our Kingdome, Wee, for some good respectis moveing us, ar heerby pleased to signifie vnto you That it is our pleasor that schoe have place as Countes of Dumfermeline, And to that effect you give such order as you sail think fitt to prescrive. Wee bid you farewelle. From our Court at Whitehall, the tenth of Apryll, 1635. 17. The 'Dripping Stone' of Fyvie. In my notice of Fyvie Castle (p. 805 supra) I neglected to mention an interesting relic still preserved in the ancient stronghold, to which reference is made in the following lines of Thomas the Rhymer. Like others of a similar kind, it is -supposed to have been a boundary-mark abstracted from ravished church-lands, and carrying a curse to the descendants or successors of sacrilegious robbers. Be this as it may, it is somewhat strange that although Fyvie has been transmitted through three or four families for many successive generations, no male heir has been born in the Castle for five hundred years. ' Fyvyns riggs and towers, Hapless shall your mesdames be, When ye shall hae within your methes Frae harryit Kirk's lands stanes three ; Ane in Preston's tower ; Ane in my ladye's bower ; And ane below the water yett ; And it ye shall never get.' Two of the three stones are said to have been found, but the one beneath the ' water yett' is still unaccounted for. According to the author of Buchan (Dr. Pratt), 'a stone is preserved in the Castle and shown as one of the three weird stones. It is called "the dripping stone," and it is asserted that this stone at times gives out such a quantity of damp as to half fill the bowl in which it is kept with water ; while at other times it absorbs the whole. It is not known how or when this mysterious stone came to occupy the place it now does.' Mr. Ferguson of Kinmundy informs us that the 'dripping stone '—sometimes called 'the weeping stone' — used to be kept in the uppermost room in one of the towers, and that he saw it on two different occasions. ' On the one occasion the bowl was nearly full of water, and the stains on the floor showed that it sometimes overflowed. On the other occasion the bowl was dry and the stone encrusted with a white salty efflorescence.' x 1 Scenery and Antiquities of the Great North of Scotland Railway, p. 55. 972 CLAIM TO THE 1 8. Lines addressed to 'Lady Seyton,' Wife of Robert, Eighth Lord Seton and First Earl of Winton. of my lady seyton. M. M.1 O happy star, at evening and at morne, Vhais bright aspect my maistres first out [fand !] O happy credle ! and O happy hand Vhich rockit hir the hour that sho was b[orne !] O happy pape, ze rather nectar hor[ne,] First gaiv hir suck, in siluer suedling band ! O happy wombe consavit had beforne So brave a beutie, honour of our land ! O happy bounds, vher dayly zit scho duells, Vhich Inde and Egypts happynes excells ! O happy bed vharin sho sail be laid ! O happy babe in belly sho sail breid ! Bot happyer he that hes that hap indeid, To mak both wyfe and mother of that [maid.] 19. Claim of Lieutenant-Colonel James Seton, of the Family of Barns, to the Earldom of Dunfermline.2 [Referred to at p. 633.] 'To the Kings most excellent Majesty, the Humble Petition of Lieutenant-Colonel James Seton, late of your Majesty's Thirty-second Regiment of Foot, ' Most Humbly Sheweth, — 'That in the year 1597 King James the Sixth of Scotland was graciously pleased, by Letters Patent, to create Alexander Seton (a younger son of George, Lord Seton) Lord Fyvie, to him and the heirs-male of his body, whom failing, to his heirs-male whatsoever. 'That, in 1605, the same King created this Alexander, Lord Fyvie (then Great Chancellor of Scotland) Earl of Dunfermline, Lord Fyvie and Urquhart. Also to him and the heirs-male of his body, whom failing, to his heirs-male whatsoever. ' That Alexander, Earl of Dunfermline, having resigned these Honours and Dignities into his said Majesty's hands, King James was again graciously pleased (by Charter under the Great Seal passing on a Royal signature, dated at Royston the 6th day of April 161 1), to re-grant the same unto the said " Alexander, Earl of Dunfermline, and to the heirs-male of his body lawfully procreated or to be procreated, whom failing, to Sir William Seton, Killesmuir, Knight, and the heirs-male of his body lawfully procreated or to be procreated ; whom failing, to the said Alexander, Earl of Dunfermline, his heirs-male whatsoever, carrying the name and arms of Seton." 'That by an Act of the Parliament of Scotland passed in the year 1690, James, Earl of Dunfermline, grandson of the before named Alexander, Earl of Dunfermline, was attainted of high treason, and having escaped to foreign parts, died in a few years without issue. ' That now, by the extinction of all the male descendants of the body of Alexander, first Earl of Dunfermline, and of the body of the before-mentioned Sir William Seton of Killesmuir, Knight, the Honours and Dignities aforesaid have by virtue of the last Remainder or Limita- 1 Lady Margaret Montgomerie, afterwards Countess (nee Seton) of Burgate, Hampshire. of Winton. From the Poems of Alexander Mont- Note by R. K. (Robert Kingston, who married gomerie (Scottish Text Society), edited by James Catherine Wakefield, daughter of Eglinton Seton):— Cranstoun, LL.D., 1887, p. 113. See also pp. 214 'This is a correct Copy of the Petition of Col. Seton, and 216 for other poems on the same lady. Governor of St, Vincent, from the original.' 8 From copy in the possession of Mrs, Coventry EARLDOM OF DUNFERMLINE 973 tion in the before* recited patents and charter, descended to and vested in your Petitioner, the collateral heir-male of the grantee, the said Alexander, the first Earl of Dunfermline, as heir- male of the body of Sir George Seton of Barns, the immediate elder brother of the said Alexander, Earl of Dunfermline. ' Your Petitioner therefore humbly prays your Majesty will be graciously pleased to declare that the said Honours and Dignities of Earl of Dunfermline, Lord Fyvie and Urquhart, do belong to your Petitioner. — And your Petitioner shall ever pray.' 'St. James's, April 6lh, 1773. 1 His Majesty is pleased to refer this Petition to the Right Honourable the Lord Advocate of Scotland, to consider thereof and to report his opinion what may be properly done therein, whereupon his Majesty will declare his farther pleasure. Suffolk.' Memorial and Queries for Colonel James Seton, Governor of St. Vincent, 1773. ' George Lord Seton had issue four sons : — 1. Robert, his eldest son, afterwards Earl of Winton. 2. Sir John Seton of Barns. 3. Alexander, afterwards Lord Fyvie and Earl of Dunfermline. 4. Sir William Seton of Killismuir. ' Alexander, the third son, acquired the lands and baronies of Urquhart and Fyvie, and under the title of Alexander, Lord Urquhart, President of the College of Justice, obtained a Patent from King James vi. erecting the lands and barony of Fyvie into a free 4* March Lordship, giving and granting to the said Alexander, Lord Urquhart, and to the heirs-male IS97' procreate or to be procreate between him and Lady Lilias Drummond, his spouse, which failing, to the nearest lawful heirs-male whatsoever of the said Alexander and their successors in all time coming, the title, honour, rank, and state of a Lord of Parliament, and that the said Alexander, and his heirs-male foresaid, and their successors, should perpetually thereafter be called Lords Fyvie — as fully set forth in a copy of the Patent taken from record herewith produced. ' Thereafter King James vi. granted another Patent to the said Alexander Seton, Lord 4th March Fyvie, granting to him " et hceredes suos masculos Comites de Dunfermline eisdemque nomen statum gradum titulum honorem et dignitatem comitum de Dunfermline cum omnibus pre- rogativis, etc., ad comitis dignitatem pertinentibus." ' Thereafter King James vi. granted a charter " Dilecto nostro consanguineo et consiliario 6th April Alexandra Fermeloduni Comiti Domino Fyvie et Urquhart magno regni nostri Scotiae l6xl" Cancellario et haeredibus masculis de corpore suo legitime procreatis seu procreandis Quibus deficientibus Domino Willelmo Setoun de Killismuir militi et haeredibus masculis de corpore suo legitime procreatis seu procreandis Quibus deficientibus praafato Alexandro Fermeloduni Comiti suis haeredibus masculis cognomen et arma de Setoun gerentibus et assignatis quibus- cunque," of the lands and baronies of Urquhart and Fyvie, etc. "Et similiter creamus ordinamus constituimus ereximus designavimus declaravimus et vocavimus tenoreque pre- sentium creamus, etc., praefatum Alexandrum Fermeloduni Comitem suos hceredes masculos et tallice supra script. Fermeloduni Comites et damus et concedemus iisdem nomen statum gradum titulum honorem et dignitatem Comitum de Dumfermling cum omnibus prerogativis privilegiis ornamentis et aliis quibuscunque ad dignitatem Comitis infra Regnum nostrum Scotiae pertinent." ' This charter proceeds on the grantee's resignation of the dignity as well as of the lands — contains a novodamus of both lands and dignity — erects the whole lands and baronies " in unum integrum et liberum comitatum et dominium nunc et omni tempore affuturo Comitatum de Dumfermling Dominum de Fyvie et Urquhart nuncupand.,' and is dated "apud curiam nostram de Roystoun," 6th April 161 1. ' A full certified copy is herewith produced. ' This Alexander was succeeded in his dignity and estate by his only son — ¦ 974 CLAIM TO THE ' Charles, Earl of Dumfermling, who left issue male three sons : — i. Alexander, his heir. 2. Charles, killed in a sea-engagement against the Dutch in 1672. 3. James. ' Alexander, the eldest, succeeded his father, but dying unmarried was succeeded by his brother James. ' This James, Earl of Dunfermline, having unfortunately joined the Viscount of 14th July Dundee and others who took up arms for King James vn. in 1689, was forfeited in 1690, l69°- conform to a decreet whereof a copy is herewith produced,- by which " Their Majesties and the Estates of Parliament, by the mouth of John Ritchie, Dempster of Parliament, decern and adjudge the said James, Earl of Dunfermling" and several other persons herein named, " To be execute to the death, denounced as traitors, and underlie the pains of treason when ever they shall be apprehendit, and that at such times and places, and in such manner, as their Majesties or the Estates of Parliament or the Commissioners of Justiciary shall appoint ; and ordains the said persons, their name, fame, memory, and honours to be extinct, their blood to be tainted, and their arms to be riven furth and deleft out of the books of arms, so that their posterity may never have place nor be able hereafter to bruik or joyse any honours, offices, titles, or dignities, in time coming," etc. 'Earl James followed King James to the Court of St. Germains, and died there in 1694 without issue, ' Whereby the honours of Dunfermling (barring the forfeiture) would have devolved on the said Sir William Seton of Killismuir and his issue male. But the fact is (which can be instructed) that the said Sir William Seton had only two sons, both of whom died unmarried without issue. ' So that the succession at the time of the forfeiture opened to George Seton of Barns, great-grandson and lineal heir-male of the said Sir John Seton of Barns, immediate elder brother of the said Alexander, first Earl of Dunfermling. ' This George Seton of Barns (the Memorialist's father) was engaged in the Rebellion of 17 15, taken prisoner at Preston, and carried to London, where he judicially acknowledged his crime, and having supplicated the King's mercy was set at liberty. His Majesty thereafter granted him an ample remission under the Union Seal (whereof an extract is herewith produced): — "A predict, perduellionis crimine et ab omnibus proditionibus seu proditionum misprisionibus quae ab illo perpetrari fuerunt ante 20 diem Februarii 17 16, etc. Et nos ex speciali nostra gratia dementia et favore Rehabilitamus Redintegramus Restituimus et Reponimus dictum Georgium Seton ejusque posteros ad liberam et pacificam possessionem et fruitionem omnium Terrarum Haereditatum Dominiorum Baroniarum Molendinorum Silvarum Piscationum Decimarum Officiorum Jurium et Capacitatum Honorum Dignitatum Bonorum Rerum omniumque aliorum jurium Mobilium et Immobilium quorumcunque que post hae ad ilium jure successionis devolvi aut ab eo acquiri queant Declarando omn. haeredes ejus posteros capaces habiles et Dignos frui possidere gaudere et acquirere Terras, etc., officia Honores Dignitates, etc., adeo plenae ac libera? ac si nunquam diet. Rebellionis reus seu particeps fuisset." ' This George Seton, the Memorialist's father, was sometimes styled Earl of Dunfermline, and took that title in company and private letters wrote to and by him, though not in any publick writing. ' The Memorialist, being now the undoubted heir-male to the said Alexander Lord Fyvie, and first Earl of Dunfermline, has been advised to claim under that character these honours of Lord Fyvie and Earl of Dunfermline. But before prosecuting his claim he wishes to be well advised — ' imo. How far the forfeiture of James, Earl of Dunfermling, in 1690, bars his right to the honours ? ' 2do- The title of Lord Fyvie not being mentioned in the forfeiture, and appearing to be separate and distinct from that of Earl of Dunfermling, whether or not, supposing the title of Dunfermling to be forfeited, is the Memorialist well founded in his claim to the title of , Lord Fyvie as heir-male of the patentee ? ' The Memorialist knows no precedent for governing the present case. A very respectable friend of the Memorialist's has bestowed some trouble in considering it, and what has EARLDOM OF DUNFERMLINE 975 occurred to him is set forth in a memorandum herewith produced, and referred to for the sake of brevity. ' George's Square, Novr. 27th, 1773. — This is the memorial and queries answered by me of this date. Robert M 'Queen.' 'James, grandson of Alexander, first Earl of Dunfermline, was attainted 14th July 1690 by the same Decreet of the Scots Parliament as Sir John Drummond, ancestor of the present Viscount Strathallan, which attainder is now reversed. 'The words of the decree of forfeiture are "Earl James and his posterity," since which time the several honours in him have been considered forfeited, although no mention is made in the decree of heirs whatsoever, so that to this day they have not been assumed by any person whatever. 'Earl James followed King James to the Court of St. Germains and died there, 1694, without issue, whereby the honours of Dunfermline (barring the forfeiture) would have devolved on Sir William Seton of Killismuir and his issue male. But Sir William had only two sons, both of whom died unmarried without issue, so that the succession at the time of the forfeiture opened to George Seton of Barns, great-grandson and lineal heir-male of Sir John Seton of Barns, immediate elder brother of Alexander, first Earl of Dunfermline. This George Seton of Barns, the claimant's grandfather, was engaged in the Rebellion in 1715, taken prisoner at Preston, and judicially acknowledged his crime, supplicated the King's mercy, and was set at liberty. His Majesty afterwards granted him an ample remission under the Union Seal. He was styled ' Earl of Dunfermline, and took that title in company and private letters written to and by him, though not in any public writing. His son and heir, the claimant's father, served in the campaigns in Flanders, under his Royal Highness the Duke of Cumberland, and returned with the British troops to march against Viscount Strathallan, Lord Nairne, and others then in rebellion, was wounded at the battle of Lafelat, attained the rank of Lieutenant-Colonel in the army, afterwards that of Captain-General, Governor-in- Chief, and Vice-Admiral of his Majesty's Island of St. Vincent and its dependencies, etc., where he resided as Representative of his Majesty eleven years, with honour to himself, and to the acknowledged satisfaction of his Majesty and Ministers. ' (Enclosure No."i.) — Duke of Portland. The claimant joined the army in North America in 1779, attained the rank of Captain in 1783, and served ten years as such, afterwards that of Lieutenant-Colonel Commandant of the regiment of St. Vincent Rangers, raised by him for the protection and defence of that colony during the insurrection and invasion there in the yearn 795, and was honoured with the acknowledgments of the inhabitants of that Island for his services. ' (Enclosure No. 2). — Address ' The papers and opinions of this case are in the office at (sic). ' Case. — Note by R. K. — This is a copy of a draft case for Colonel Seton of Brookheath. There are pencil-marks and writing, which are here distinguished in italics. There are no italics in the original ; the address of the " office at " is rubbed out and wholly illegible.' Answers to the Memorial and Queries for Colonel James Seton. ' I have considered said Memorial and Queries, and the subject-matter of them, with all the attention in my power, and upon the whole I am humbly of opinion that the forfeiture (1690) of James, Earl of Dunfermline, is a bar to the Memorialist's right to the honours of that family, although the Memorialist is the person who, in the event that has happened, would have succeeded to the honours if the forfeiture had not intervened. ' I own I am very little conversant in the law of England, and can therefore form a very indistinct idea of points that are in apicibus of that law. But, according to my apprehension of the matter, I entertain some doubt how far the Memorialist would in the case be entitled to claim in bar of the forfeiture as an heir in remainder to Alexander Earl of Dunfermline under the charter 161 1. That charter, containing both estate and titles, proceeding upon the King's sign-manual, is granted to Alexander Earl of Dunfermline, and the heirs male of his body, which failing, to Sir William Seton of Killismuir and the heirs-male of his body, which failing, to the said Alexander Earl of Dunfermline, his heirs-male, and assignees whatsoever. 976 CLAIM TO THE ' It is under this last substitution that the Memorialist alone can claim, and I entertain some doubts if, agreeable to the Judgment of the House of Peers pronounced in the case of Captain Gordon of Park, the Memorialist would, in bar of the forfeiture, be entitled to claim as an heir in remainder. The Judgment of the House of Peers in that case was, that the barony and estate of Park did " become forfeited to the Crown by the said Sir William Gordon's attainder during his life, and the continuance of such issue male of his body as would have been inheritable to the said estate tailie in case he had not been attainted, as also for such Estate and Interest as was vested in or might have been claimed by the said Sir William Gordon by virtue of the last Limitation in the said settlement to the heirs and assigns whatsoever of the said Sir James Gordon after all the substitutions therein contained shall be expired and determined." It seems to be implied in that Judgment that the right of the heirs whatsoever was not saved from the forfeiture, and that any rights vested in them was not similar to an estate in remainder in the law of England, which is unaffected by the attainder of the tenant in tail, and the only difference betwixt that case and the present is that in that case the last termination is to the heirs and assigns whatsoever of Sir James Gordon, the maker of the tailie ; whereas in the present case the last termination, and under which the Memorialist claims, is to the heirs-male and assignees whatsoever of Alexander Earl of Dun fermline. 'But whatever be in the foresaid observations, upon the supposition that the question was to be determined by the law of England, it does not appear to me that prior to the Act 1690 any such thing was known in the law of Scotland similar to an estate in remainder, and which was saved from the forfeiture of the person who at the time stood vested in the right of the estate. On the contrary, no taillie saved from the forfeiture of the person in right of the estate at the time the right or interest of any of the substitutes of the taillie, but the whole went to the Crown in the same manner as if the estate had stood in the forfeiting person in fee-simple, and indeed the Statute 1685, from which taillies received a sanction in the law of Scotland, does expressly provide that nothing in that Act should prejudge his Majesty as to confiscations or other fines in the punishment of crimes. ' It is certain that in ancient times there were sundry territorial dignities in Scotland, and, indeed, they originally stood upon that footing, and if the estate to which the dignity was annexed went to the Crown by the forfeiture of the person in the right at the time, in pre judice of the whole heirs that might be interested in the estate, it is difficult to conceive how the dignity annexed to the estate should be safe from the forfeiture for behoof of any of the after heirs. ' And although titles of honour were afterwards conferred by patents from the S»vereign, yet I do not see anything in our Law-books, or in any of the judicial 1 the case of territorial dignities. ' And I am fortified in this my opinion [by] the very style and conception of Decreets of Forfeiture, particularly of the very Decree of Forfeiture that was pronounced against the Earl of Dunfermline in 1690. ' It ordains " the name, fame, memory, and honours to be extinct," which is surely incon sistent with the idea of the honours lying dormant until the succession should open in favours of the collateral heirs of the forfeiting person, and accordingly it appears to me to be the opinion of our lawyers, as well as the sense of the nation, that prior to the Revolution the estate went to the Crown, and that the honours were totally extinguished by the forfeiture of the person in the right at the time. ' It is true that the rigour of forfeitures was greatly mitigated by the Act 23d Parliament 1690. It was thought hard that a man should confiscate by his crime the rights and interests of third parties which could not be affected by his voluntary deeds. But then I am afraid that that Act will not aid the Memorialist in this case. For, in the first place, this Statute is posterior to the Decreet of Forfeiture pronounced against the Earl of Dunfermline, and I doubt much if it has a retrospect ; and, 2dly, the Statute does not apply to the case of honours, but only to the case of such as had a patrimonial interest in the estate of the forfeiting person. Besides, another reason does occur why titles of honour should not be saved by that Statute, although the rights of heirs of entail were thereby saved ; and it is this, 1 Some words have apparently been omitted here. EARLDOM OF DUNFERMLINE 977 that by an entail a right was vested in the respective heirs of entail that could not be defeated by the heir in possession, and, as the Statute very properly observes, it was thought unreasonable that a man should confiscate by his crime what was not in his power to alienate by consent. Whereas it is well known that, before the Union, Titles of Honour were daily resigned in the hands of the Crown in favour of heirs different from the heirs of the original patent. Such resignations were never refused, but uniformly accepted of by the Crown, and a new grant made to the fesigner and such heirs as he inclined. This circumstance clearly establishes that the heirs of a patent had no indefeasible right vested in them, and, therefore, upon the principles of the Law of Scotland, even as modelled at the Revolution, there was no reason why the honours should not be totally extinguished by the forfeiture of the person who was in the right at the time. And so, indeed, it seems to have been understood by the nation in general, as well as by the writers upon our Law, and the contrary doctrine is taken from the ideas of the Laws of England, by which I am afraid the present case does not fall to be de cided, although there is no doubt that, as this question will in reality be determined by English Judges, the ideas of the Laws of England will have considerable influence upon their judgment. ' I am humbly of opinion that the title of Lord Fyvie will not be saved from the forfeiture To Query because he was not attainted under that title. I do not apprehend that that was necessary, 2nd- as he was attainted under a proper description, and his fame, memory, and honours declared to be extinct, and his blood to be tainted. I think the necessary consequence of this decree is to extinguish the whole honours that then centred in his person, and to forfeit every right that was then vested in him. ' The opinion of 'Robt M'Queen. 'George's Square, Nov. 27th, 1773.' ' Observes upon the Opinions of the several Lawyers that have been advised in the case of Colonel James Seton, concerning his title to the Honours of Dunfermline and Fyvie, with the utmost deference to these Opinions. ' Upon Solicitor Dundas's Opinion. 'That although before the Act of Parliament 1690 no Entail was available to protect future heirs in a Land Estate from the consequences of a forfeiture of a Proprietor in possession, yet it is submitted, if that did not proceed upon this principle, the securing a Land Estate from a forfeiture by the provisions of an Entail was considered as fraudem facere fisco and derogare jure publico by private conventions, which does not apply to titles of Honour, supposing these to be unalienable in their own nature. 'That while Dignities continued territorial, as it is believed they originally were, these Dignities, it is humbly thought, were equally subject to be carried off by the Diligence of Creditors as the Lands to which they were annexed, in the same manner as at this day an Estate, the Proprietor whereof is entitled to vote for a member of Parliament, may be so carried off, during which period the act of the Crown granting a new charter was merely ministerial, but that in later times, after it was understood that Dignities could not be affected by crgrs, these Dignities behoved to be transmitted in terms of the original grants thereof, unless, upon the Resignation of the former Patentee, these honours were transmitted by the voluntary act of the Crown to another. 'That although the Act, 1690, cannot be considered to have a retrospect at large, yet it is submitted if it ought not naturally to be constructed (construed!) to retrospect to the time that the Crown was tendered to King William and Queen Mary, alongst with the grievances to which that Act expressly refers, especially that it is believed that the claims of all Creditors upon forfeited Estates have since the Revolution been sustained. ' That although there is nothing in the words of that Act which applies to Titles of Honour, it is submitted if these ought not to be understood to be comprehended therein, there seeming to be greater reason to save such from a forfeiture than even Land Estates, and because, if they are not understood to be comprehended therein, no Entail could possibly secure them, as not withstanding of the strictest provision of an Entail, the heir in possession might have resigned them in his Majesties hands, and thereupon obtained a new grant to a different series of heirs. 6h 978 LINES ON SURNAME OF SETON ' Upon Mr. M 'Queen's Opinion. ^That upon the footing of the Law of England there seems to be a remainder Estate in the person of Colonel Seton, which could not be affected by the forfeiture of the Earl of Dunfermline in the year 1690. The heirs-male of the first Earl of Dunfermline being called to the Titles upon the failure of the heirs-male descended of his Body, that Estate, it is thought, according to the principles of the Law of England, became an Estate tail upon the failure of the male issue of the first Earl of Dunfermline, and, therefore, that the Judgment in the case of the Estate of Park does not apply to it, for in that case any claim Sir William Gordon, the attainted person, could have, in virtue of the last termination, was to a fee simple. 'That it is submitted if the words of the Decree of forfeiture in the year 1690 ought to have much weight. The particular conception of the Patent of honour was not before the Parliament when they pronounced that Decree, and therefore they must naturally have had in view only the Person convict of the treason, and such as claimed as heirs under him. ' What is above said applies in some degree likewise to the Opinion of Mr. Lockhart.' 20. Lines on the Surname of Seton, addressed to Miss Eglinton Seton, Daughter of James Seton of Brookheath, by her Governess, Miss Evans. [Referred to at p. 630.] TO MISS S. Behead a name familiar to your ear, And a famed public school will straight appear, Beheading this, gives weight to modish grace, And this again, bids loiterers mend their pace. The whole reversed will young and old delight, While nature charms the ear, or wealth the sight ; Curtailed, an adverb of negation 's told, Again, a stern denial checks the bold. If yet untired, your farther search may find — Too often sought — the home of feathered kind ; What oft entraps them, and a kind of tune, A child, and what for building 's mostly hewn ; Part of the foot, a feature, and to place, A preposition, and conjunction trace ; The number most of us too highly prize, And that of sacred laws no sect denies. The drunkard ends my long and humble strain ; But if the puzzle please, I have not rhymed in vain. 21. The Setons of Greenknowe. Under the notice of James Seton, fifth of Touch (p. 341 supra), reference is made to his supposed marriage to Eline (or Jane) Edmonston of that ilk; and the conjecture appears to be satisfactorily confirmed by a lintel over the doorway of the ruinous castle of Greenknowe, in Berwickshire, bearing the date ' 1581,' and two shields, respectively charged with the arms of Touch and Edmonston, between the initials ' I. S.' and ' I. E.' (James Seton and Jane Edmonston). In the seventeenth century Greenknowe belonged to Walter Pringle, a zealous Covenanter, having passed by purchase from the Setons of Touch, by whom the castle was built, to the Pringles of Stitchel. The Setons acquired the property of Greenknowe by the SETONS OF GREENKNOWE 979 marriage of Alexander Seton with the heiress of Gordon, in the beginning of the fifteenth century. A short account of the old fortalice, accompanied by two different views of the building, will be found in the third volume of the Castellated and Domestic Architecture of Scotland; and in the Appendix to the Memoirs of Walter Pringle of Greenknowe (1847), edited by the Rev. Walter Wood, there is a brief notice of the Setons of Greenknowe, in which the following statement occurs relative to the erection of the existing tower by the above-mentioned James Seton : — ' It is said that during that very unsettled period, especially on the border, a party of English made a raid on Seton's property and destroyed his house. The laird and his lady were forced to flee and conceal themselves where they best could ; and, when the fray was over and the lady made her reappearance, she replied, in answer to a question of the laird's, that she had found shelter " doon amang the rashes on the green knowe." (This was on a round knowe, or small hill, on the margin of the great moss of Gordon, where the tower now stands.) The laird gallantly said, " If he lived, he would find her a better shelter on that knowe than the rashes," and in the year following his coming into possession of the estate he must have built the tower, as is shown by the date upon it. It has ever since been " Greenknowe Tower." ' It must have at first been a place of some strength, being surrounded by marshes, and having a moat or deep ditch all round it, the remains of which are still seen. It was habitable till within the last forty years, but is now shut up, and the common-place additions which had been made to the original building having been removed by the taste of the present possessor, it now stands a venerable and picturesque ruin, surrounded by fine large lime-trees and embedded in plantations.' 22. 'Bonnie John Seton,' 1639. [Referred to at p. 473 note 2.] Upon the eighteenth day of June, A dreary day to see, The Southern Lords did pitch their camp Just at the Bridge of Dee. Bonnie John Seton of Pitmedden, A baron bold was he, He made his testament ere he went out, The wiser man was he. He left his land to his young son, His Lady her dowery, A thousand Crowns to his daughter Jean, Yet on the nurse's knee. 980 'BONNIE JOHN SETON Then out and came his Lady fair A tear into her e'e, Says, ' Stay at home, my own good Lord O ! stay at home with me.' He looked over his left shoulder, Cried ' Souldiers follow me ; ' O ! then she looked in to his face, An angry woman was she ; ' God send me back your steed again, But ne'er let me see thee.' His name was Major Middleton That manned the Bridge of Dee His name was Colonel Henderson That let the cannons flee. His name was Major Middleton That manned the Bridge of Dee ; His name was Colonel Henderson That dung Pitmedden in three. Some rode upon the black and grey, And some rode on the brown, But the Bonnie John Seton Lay gasping on the ground. Then by there comes a false Forbe's, Was riding from Driminere, Says ' Here there lies a proud Seton, This day they ride the rear.' Craigievar says to his men, ' You may play upon your shield, For the proudest Seton in all the land This day lies on the field.' ' O spoil him ! spoil him ! ' cries Craigievar, ' Him spoiled let me see ! For on my word,' says Craigievar, ' He bore no good will to me.' They took from him his armour clear His sword, likewise his shield ; Yea, they have left him naked there Upon the open field. The Highland men they 're clever men At handling sword and shield ; But yet they are too naked men To stay on battle field. The Highland men are clever men At handling sword or gun ; But yet they are too naked men To bear the cannon's rung. For a cannon's roar in a summer's night Is like thunder in the air ; There 's not a man in Highland dress Can face the cannon's roar, PITMEDDEN GRANT OF ARMS 981 23. Grant of Arms to Sir Alexander Seton, Lord Pitmedden, 1684. [Referred to at p. 488.] To all and sundrie whom it effeers,— I, Sir Alexander Areskine of Cambo, Knight and Baronet, Lyon King of Armes, Considering that be the twentie one Act of the third sessione of the second Parliament of our dread Soveraigne Lord, Charles the Second, by the Grace of God King of Scotland, England, France, and Ireland, Defender of the Faith, I am impowered to visit the whole armes of Noblemen, Prelats, Barons, and Gentlemen within this kingdome, and to distinguish them with congruent differences, and to matriculat the same in my Books and Registers, and to give armes to vertuous persons, and extracts of all armes expressing the blazoning thereof under my hand and seall of office, which Register is thereby ordained to be respected as the true and unrepeatable rule of all armes and bearings in Scotland to remain with the Lyon Office as a publict Register of the Kingdome; and further Considering that it hath pleased his said sacred Majestie to advance the Right Worshipful Sir Alexander Seton of Pitmedden, formerlie Knight Batchellor and one of the Senators of the Colledge of Justice to the degree of Baronet, als weell upon consideratione of his oune zeall always exprest in his Majestie's service, as of the signall loyaltie of the deceast John Seton of Pitmedden, his father, and of the deceast James Seton of Pitmedden, his eldest brother, and the great sufferings of both (the father being killed at the Bridge of Dee in the year 1639, in the service of his Majestie's deceast father of ever blessed memory, and haveing his heart shot out of his body by a cannonball as he was defending the Royall Standard against the then rebels, and the brother couragiously falling in his Majestie's Navall Warr against the States Generall of the United Provinces in the year 1665), and hath therfor conferred on him, the said Sir Alexander, and the heirs male lawfully procreat or to be procreat of his body, the Dignity, Title, Degree and Honor of ane Knight Baronet, and hath commanded me, and my brethren Heraulds, to give such additions to the said Sir Alexander his former coat armour as are usual to be given in such caices. Therfor, conforme to the power given to me be his said Majestie, and the tenor of the said Act of Parliament, I testifie, declare, and make knowen that the said Sir Alexander Seton, whose great-grandfather was James Seton of Pitmedden, procreat betuixt William Seton of Meldrum, and Janet Gordon, daughter to Lessmore, and which Sir Alexander is consequently descended by the father of Alexander Seton (alias Gordon) Earle of Huntley, Bears, and he and his heirs male may in all time comeing Use and Bear for the Ensignes armoriall two Coats, Quarterlie, his paternall coat by the name of Seton, viz. Or three crescents within a double tressure floured and counter-floured with ' flowers-de-lis gules, and (to the memory of his father's sufferings) in the center, a man's heart distilling drops of blood proper. Second, the coat of Meldrum, being argent, an otter issueing from a fess (vulgo a barr) waved sable, on his head an antique croune or; three as the second, 4th as the ist; over all, the badge of Nova Scotia as Baronet ; on ane helmit befitting his degree with a mantle gules doubled or is placed for his Crest issueing out from a wreath or gules argent and sable, a souldier from the midle bearing up the Royall Banner bendways and displayed, all proper. Supported on the dexter by a dear hound argent, haveing about his neck a collar gules, charged with crescents or, and on the sinister ane otter sable with this symboll in ane escroll above "Sustento sanguine signa," which atcheivement above blazoned I have matriculat in my said publict Register upon the day and date of these presents, and hereby allow, approve, and confirme the same to him and his heirs aforsaid. In testimonie wherof I have subscrived this extract with my hand, and have caused append my seall of office therto. Given at Edinburgh the fyftointh day of January, and of our Soveraigne Lord's reigne the threttioth fyfth year, 1684. Alexr Areskine, Lyon. 982 TESTAMENT DE 24. Testament de Jean de Seton Sr de Cariston. [Referred to at p. 583.] COULOMMIERS,1 15 May 1661. Arch. L'an mil six cent soixante un, le dimanche quinziesme jour du mois de May, environ les Nationals, ^eux heures de rellevee, moy Jean Le'ger lesne", notaire roial gardenotes he"reditaire en la M. 544. ville et baillage de Meaux soussigne-, ayant este- mande de la part de Messire Jean de Seton, chevallier, Seigneur de Cariston et de Coulommiers en Brye, et autres lieus, resident audict Coulommiers, je me suis transports en sa maison et hostel Seigneurial dudict Coulommiers, distant de ladicte ville de Meaux d'environ deux lieues, lequel j'ay trouve gisant en son lict, maladde, en l'une des chambres en forme de cabinet de son hostel, et luy ayont demande le subject pour lequel il m'avoit mande, m'a diet que, se voyant maladde, ne scachant l'heure et le temps auquel il plaira a Dieu l'appeller de ce monde en 1'autre, conside"rent son vieil aage, il desiroit, tandis qu'il estoit en bon sans et entendement disposer de ses affaires et faire son testament et ordonnance de derniere pour faire que ses enfans apres son trespas puissent tousjours vivre en bonne paix et union par ensemble, ce qu'il leur recommande de tout son cceur, n'ayant rien a de'sirer d'avantage que leur paix, pour a quoy parvenir m'a requis voulloir re'diger son dit testament et ordonnance de derniere volonte ; ce que j'ay luy accorde, a quoy inclinant, apres qu'il m'est apparu estre en tres-bon sens et entendement et aux te"moins cy-apres nomez par ses parolles et maintien, j'ay icellicy mis et redige par escript, ainsy quil a voulu, dicte et nomd, en la presence desdicts tesmoins, en la forme et maniere qu'il en suit. Premierement, comme bon chrestien, et catolique, s'est recomande" de tout son cceur a Dieu son Createur, a ce que par les merites du sang pr&ieux de Nostre-Seigneur Jesus-Christ, il luy plaise, arrivant son decez, colloquer son ame en son royaume de Paradis, implorant a ceste fin l'intercession de la bienheureuse Vierge Marie et de tous les Saincts et Sainctes de Paradis, Anges et Archanges, qu'il prye estre ses intercesseurs envers Dieu. Veut et ordonne son corps estre enterre en l'Eglise parrochiale St. Laurent dudict Coulommiers, proche deffuncte Madame sa femme, et que les sieur Cure et marguiliers feront faire pour le repos de son ame son enterrement et service comme il l'a ordonne par contract pour les services de feue Madame sa femme, suivant lequel les trente-trois livres six solz huict deniers tournois de rente a luy deubz par Marie Le Comte, veuve de Mr Claude de la Voste, demeurante a Meaux, appartiendront a ladicte Eglise et Cure" Saint Laurent de Coulommiers, et se diront les deux services qu'il a ordonnds estre faictz k perp^tuite", l'un le jour de son trespas, et 1'autre le jour de Nostre Dame d'Aoust, le tout par l'advis de son exdeuteur cy-apres nomme, declarant qu'il a en sa maison des ornaments qui seront fournys lorsque Ton fera ses dictz services et que Ton prisa Dieu pour luy, qui y demeureront tant que son exe'euteur le trouvera bon. Diet qu'ayant de"sir que sa famille soit maintenue en sa qualite" et condition par son filz aisn6, il luy a donne" et l£gu6, comme il luy donne et legue par ces presentes la maison et hostel Seigneurial oil il est demourant audict Coulommiers, appelle" le fief de Coulommiers et de Cramaille, avec tout ce qui est enclos et ferme- de murailles, droictz de justice et Seigueuriaux, sans rien reserver, contenant l'enclos en fond de'terre, quarante arpens ou environ, sans rien reserver, avec, outre ci, la petite ferme appellee Sainct Faron, assize audict Coulommiers terres et prez en despendons, qui conciste en cent arpens ou environ, sans aussy rien reserver de la nature qu'elle est, et le tout a luy appartenant de ses acquestz comme il a diet ; et de plus luy donne de ses autres terres et prez a choisir par son diet filz aisn6 dans touttes les autres terres et prez qui luy appartiennent, assis audict Coulommiers, ce qu'il luy en fauldra pour faire avec ceux sus donnez et leguez jusques a deux cent arpens, pour en jouir, faire et disposer par son diet filz aisne comme de chose a luy appartenante en consequence du present don et legz, tout pour'son pre*ciput, a luy deu suivant la coustume que pour ce qu'il pourroit appartenir en la succession de luy, testateur, son pere, que celle de ladicte deffuncte sa femme, mere de son diet filz, n'ayant fait aucun inventaire apres son decez, ains vescu en communaulte avec ses enfans, et par forme et maniere de partage pour 1 c. 30 miles east of Paris. JEAN DE SETON 983 les faire vivre en paix et amide" ensemble, a la toutes fois que si les dictes choses donne'es a son diet filz exceddoient les droictz qui luy pourroient apartenir tant comme filz aisne" que pour sa part successife, en ce cas, qu'il sera tenu recompenser la plus valleur a ses frere et sceurs cohdritiers, l'intention dudict sieur testateur estant de rendre ses enfans dans l'dgalitd suivant la coustume, mais, pour maintenir sa maison, a ordonne le pre'sent don a son diet filz aisn£, nomme" Jean de Seton, priant ses autres enfans de le voulloir ainsi accorder comme estant sa volonte" derniere. Quant a Henry de Seton, son second filz, luy donne et legue aussy, par forme et maniere de partage, une petite ferme a luy sieur testateur appartenante, provenante pareillement a ses acquestz, assize audict Coulommiers, en laquelle est a present demeurant avec toutes les terres, prez et heritages en deppendents, concistans en cent arpens ou environ, et s'ilz n'y estoient poinct, seront pris dans ses autres heritages, a choisir apres son diet frere aisne", et de la nature et condition que le tout est a condition pareillement que si ladicte ferme et les diets cent arpens d'hdritages se trouvent excedder la part et portion a luy afferante tant en la succession future du diet sieur son pere que de celle de la dicte feue dame sa mere, qu'il sera aussy tenu rendre et rapporter aux autres h£ritiers et les recompenser pareillement de la plus valleur, le tout suivant et aux termes de la coustume a laquelle ledict sieur testateur entend toujours demeurer. Et seront tous les titres, papiers et contractz concernans les choses suslegudes, bailies et deiivres incontinant apres son decedz a ses dictz enfans, apres toutesfois l'estimation faicte; et en attendant le tout demeurera en mains de son diet executeur testamentaire. Au regard de dame Catherine de Seton, sa fille, femme et espouze de Messire Claude de Bertin de Relincourt, chevalier, Seigneur du diet lieu, ne croyt pas le sieur testateur qu'elle veuille ny le diet sieur son mary venir a sa succession ny a celle de ladicte deffuncte dame sa mere, attendu les advantagemens a. eux faictz et par eux receuz, qui sont de trente mille livres tournoiz et plus, sgavoir : vingt un mille livres tournoiz par contract de mariage et neuf mille livres et plus qu'ilz ont lors et du depuis remis, dont il croyt que Ton trouvera des receuz, acquitz et m^moires parmy ses papiers, ayant ledict sieur testateur nourry, loge" et desfraie en sa maison de Coulommiers par longue espace de temps ledict sieur de Relincourt, ladicte dame son espouze train et chevaux. Neantmoins en cas qu'ilz y veullent venir et succedder aux termes de la coustume, faire le pourront en rapportant leur avantagement, et ce qu'il leur conviendra sera pris sur la masse de ses biens et de ladicte feue dame son espouze, sans touttesfois faire prendre ni changer les legs par luy cy dessus faictz, qui seront executez aux termes y portez. Reste damoiselle Angelique de Seton, sa fille, qui est demeurante avec luy, a. laquelle sera bailie sa part et portion contingente suivant la coustume, sans toutesfois desroger ny changer lesdicts legs aux conditions qu'ilz sont faictz. Diet que, considerant les bons services, soins et assistance que ladicte damoiselle Angelique, sa fille, a pris pour luy, tant en sa maladie que pour la conduite de sa maison, en quoy il a. recognu qu'elle luy a faict un notable proffict, et pour aucunement la recompenser luy donne et legue pour une fois payee la somme de mille livres tournoys, priant ses enfans de n'impugner ny debattre ce legz, parce qu'autrement il en auroit dispose". Et si veut et entend que pour son partage elie preyne et ayt une ferme audict testateur appartenante, assize a Boulleur, ou est demeurant Tassine Caillot, avec touttes les appartenances et despendances d'icelles, terres, prez et autres heritages en despendans, sans rien reserver, a. condition pareillement que si ladicte ferme et despendances exceddoit la valeur de son droict successif, tant pour la succession du diet sieur son pere que de celle de ladicte feue dame sa mere qu'elle sera tenue recompenser et satisfaire de la plus valleur aux autres heritiers. Et pour ce qui concerne ses quatre autres filles religieuses professes, dont trois sont au couvent de Noefort de Meaux, et 1'autre a. celuy des Ursulines du diet Meaux, outre les dots et pensions qu'il leur a faictz leur donne encores a chacune d'elles, leur vie durant seullement, cinquante livres tournoiz de pension personnelle, qu'elles toucheront et receptront par leurs mains, et sans les quitances de six mois en six mois par egalle portion portees en leur maison, a commence! a courir du jour de son dictz decedz, qui sont deux cent livres pour les quatre : pourquoy sera laisse entre les mains du dictz sieur filz aisne un bien capable et suffizant pour l'assignat des dictes deux cent livres de pension, et a fur et mesure qu'elles decedderont, les dictes pensions demeureront extainctes. Pour ce qui est de la ce're'monie de ses services et enterrement, s'en remect entierement a la discretion de son diet executeur cy-apres nomine", s'assurant qu'il en fera un debvoir, joinct 984 TESTAMENT DE JEAN DE SETON le contract qu'il a faict avec ladicte Eglise et cure, le tout decemment et honnestement sans aucune pompe funebre. Veut et ordonne ses debtes estre payeez et acquires, et ses tortz faictz reparez et amendez si aucuns s'en trouvent. Veut qu'il soit distribue, le jour de son enterrement, aux pauvres habitans du diets Coulommiers trente livres par l'advis de Madame sa fille. Item, veult qu'il soit rabbattu a Mathieu son cocher sur ce qu'il luy doibt cent livres; le reste, le payera a ses heritiers, et ce, pour recompense de ses bons services. Item, donne a Jeanne Trippe, sa servante, pour recompense de ses services cent livres tournoiz. A Noelle, aussy servante, cent cinquante livres pour pareille recompense de ses loyers et services. A Magdelaine, aussy servante, soixante livres tournoiz, aussy pour recompense de ses services. Et a Margot, petite servante, qui est payee de son service, luy donne vingt livres. Le tout pour une fois payer. A Robert, son chartier, luy sera paye soixante livres pour reste du loyer de son annee. A Francois, son jardinier, luy sera paye ce qui luy est deub de ses gages a vingt quatre escus par an. Donne a Gran Jean, son laquais, vingt livres tournoiz. A Petit Jean, son autre laquais, seize livres. Le tout pour leurs loyers et services. Et sy veut que tous ses domestiques soient rehabillez de doeil a. son enterrement, affin de se souvenir de prier Dieu pour luy. Item, donne au maistre d'Escolle pour une fois payer dix livres pour avoir soin des ornementz. Item, donne et legue a la fille de chambre de ladicte damoiselle Angelique de Seton, sa fille, en consideration des services qu'elle luy a renduz, tant a. luy qu'a sa dicte fille et qu'il espere qu'elle continuera, la somme de cent livres tournoiz, pour une foys payer, affin qu'elle ayt memoire de luy. Veut et entend que ses officiers de judicature audict Coulommiers soient conservez et maintenuz en leurs charges tant qu'ilz se comporteront fidellement, et que le prevost, procureur fiscal et greffier soient rehabillez de doeil a son enterrement, affin qu'ilz ayent memoire de luy. Item, donne et legue a. Mr Nicolas Patron, advocat du Roy a Meaux, la somme de trois cent livres tournois pour une fois payer, pour l'affection et amitye qu'il luy porte. Et pour executer le present son testament icelluy accomplir de poinct en poinct par et selon sa forme et teneure, plutost par augmenter que diminuer, a faict, nomme et esleu, ledict sieur testateur, la personne du diet sieur Jean de Seton, son filz esne, escuier, es moins duquel a cete fin il s'est dessaisy et devestu de tous ses diets biens jusques a l'entier accomplissement de son diet testament, revocquant en ce faisant tous autres testamentz et codicilz qu'il a ou pourroit avoir cy-devant faitz, voullant celuy seul sortir son effect comme estant sa derniere volonte, auquel a persevere apres qu'il luy a este leu et releu par ledict notaire, en presence des diets tesmoins, et qui a este par luy dicte et nomme ainsi que dit est Faict, passe et receu par moy notaire susdict et soussigne, le tout en la presence de Mr Anthoine Tourre, docteur en medecine, demeurant a Coulommiers en Brie, estant de present audict Coulommiers en Brie, et Francois Leger, clerc a Meaux, tesmoins a ce requis, et appellez. Et pour approbation a ledict sieur testateur signe avec le notaire et tesmoins a la minutte des presentes, les an et jour que dessus, lequel minutte est demeuree par devers et en la possession du diet notaire pour y avoir recours suivant l'ordonnance du Roy nostre Sire. Controlie Leger. :/&4