Page:The Complete Peerage Ed 1 Vol 3.djvu/243

EGLINTON. 241 (6. about 15S3) only da. and h. of his paternal uncle the Hon. Robert Montgomerie, of Gifl'en, iu Ayrshire (sometimes called Master of Eglintoun, as being heir presumptive to that Earldom) by Jean, (afterwards Duchess ok Lennox [S.]) da. of Sir Matthew Campbell, of Loudoun. Having no issue, the Karl by deed, dat. 28 Nov. 1611, Bettled the " comitatiis" of Eglintoun (failing the heir male of his body), on Sir Alexander Seton, of Foulstruther, Thonrns Seton and John Sctou, the three younger sons of Margaret, flow. Countess Of Wintoun [S.], his aunt (eldest da. of Hugh [SIontgomerik], 3d Earl of Eglintoun above-named) to them and the heirs male of their bodies respectively, bearing the name and arms of Montgomerie. He d. s.p., the next year, 1612. His widow m. (as his first wife) Robert (Boyd), 5th Lord Boyd [S.], who d. Aug. 162S, aged 33. She was living 4 March 1615/6, but probably ti. not long afterwards. VI. 1612, 6. Alexander (Seton, afterwards Montgomerie), Earl or of Eglintoun and Lord Montgomerie [S.], cousin (ex parte matcrna) 1G15. and heir according to the settlement of 1611, being 3d but 2d surv. s. of Robert (Seton), 1st Earl of Wintoun [S.], by Margaret, 1st da. of Hugh (Mo.vtgomerik), 3d Earl of Eglintoun [S.j By royal charter 24 March 1615, he was confirmed in the peerage dignities,!") as settled in 1611 (in the entail of the comitatus by the late Earl) as " Earl of Eglintoun and Lord Montgomery" [S.] to liim and " his heirs male of entail and provision."(' J ) At the Coro- natiun of Charles I. at Holyrood, 18 June 1633, he canied "the spurs." He, however, took an active part with the Parliament party against that king, being popularly called " Ore;/ Steel " on account of his intrepid courage ; was a ruling elder of the Church [S.] and fought against the king at Marston Moor iu 1643 ; in 1650, however, he was Capt. of the Horse Guards to Charles II. and was imprisoned for his cause till the Restoration. He hi. firstly, before 1613, Ann, 1st da. of Alexander (Livingstone), 1st Earl of Linlithgow [SJ, by Eleanor, da. of Andrew (Hat), 7th Earl of Erroll [S.J She, who had been maid of honour to Ann, the Queen Consort of James I., d. Nov. 1632. He m. secondly, Margaret, widow of James (Ross), Lord Ross [S.] (who d. Dec. 1633), 1st da. of Walter (Scott), 1st Lord Scott of Buccleuch [S.], by Mary, da. of Sir William Ker. By her, who tl. 3 Oct. 1651, he had no issue. He </. 7 Jany. 1661, in his 73d year. YII. 16G1. 7. Hugh (Montgomerie), Earl of Eglintoun, &c, s. and h. by 1st wife, b. 8 April 1613 ; a gallant Cavalier, being iu 1643 at Marston Moor on the King's side in opposition to his father. He was excepted out of Cromwell's "act of grace." He m. firstly Anne, sister of James and (*) " Honours," as contrasted with lauds, " do not pass without his Majesty's special knowledge and warrant, and it was owing to such alleged defects that a demur occurred as to a professed regrant of the Earldom of Eglinton iu 1611 upon the resignation of Hugh, Earl of Eglinton, in favour of his kinsman, Sir Alexander Seton. It only took effect by being homologated and confirmed, after a resignation of Sir Alexander, by James VI. in virtue of a Royal charter on the 2!fih of March lGlo." See " Riddell," vol. i, p. 46. It appears that Sir Alexander assumed the title ou his kinsman's death and " was thereupon sum. before the Privy Council and obliged to lay it down, James VI. observing 1 that howsoever he could not stay noblemen to dispose of their lands, he, being the fountain of honor within his kiugdom, would not permit the same to be sold or alienated.' Much discussion and procedure afterwards ensued and it was not for a considerable time that James would confirm him in the honours." See Riddell's "Scotch Peerage Law " (1833), p. 22, where it is added that "Sir John Kerr, of Littledean, was, also in 1613, prohibited from taking the title of Lord Jedburgh, upon a charter and infeftmeut ; and, on 21 March 1615, to prevent such proceedings in future, James issued a peremptory order to the officers of State to allow no signatures of resignations or alienations of honors to pass unless with his direct concurrence. All this marks an rcra in the constitution of our Peerages [S.], which beyan [then] to lose their territorial character and to be more than ever privileged subjects. In the case of Oliphant, 11 July 1633, it was found that an honor was not annailzable by buying and selling, but that it was jitter regalia." ( b ) The Lordship of Kilwinning, which had been settled on his mother and himself in 1611 by the late Earl, was taken from him, but was reconveyed to him for 8,000 marks by Lord Balfour of Burleigh [S.] to whom it had been granted. R