THAT George fourth Earl of Winton was the Grandson and Heir-male of the Body of George the third Earl of Winton, who was the second son and heir-male of the body of Robert the first Earl of Winton, by his Countess Lady Margaret Montgomerie,----Robert the eldest Son, who was second Earl of Winton , and who had previously resigned the Estates and Honours in favour of the said third Earl, having died without issue---and which first Earl of Winton was the Common Ancestor, both of the fourth Earl of Winton and of Lord Eglinton.

That Robert eight Lord Seaton, by Patent, dated 16^th November 1600, was created Earl of Winton, with limitation to him and his heirs-male,---that he married about 1582 Lady Margaret Montgomerie, eldest daughter of Hugh third Earl of Eglinton, and by  he had male issue Five Sons:

1.                  Robert, born about 1583, who succeeded his father as second Earl of Winton.

2.                  George, born December 1584, who became third Earl of Winton.

3.                  Alexander, born 1588, first Sir Alexander Seaton of Foulstruther, Knight, and thereafter Alexander Montgomerie sixth Earl of Eglinton, having succeeded his cousin Hugh, fifth Earl of Eglinton, in 1612, under entails of the estates, and subsequent royal grants of the honours in 1615.

4.                  Thomas, afterwards Sir Thomas Seaton, Baronet of Olivestob.

5.                  John, afterwards Sir John Seaton of St. Germains, Knight.

1.                  Extract Registered Patent of Erection and Creation by King James VI, dated 16^th November 1600, and superscribed by the King in favour of Robert Lord Seaton, creating him Earl of Winton, the limitation being to him, et hæredes suos masculos.  Recorded in the Great Seal Register, Lib. 44, No. 136.

2.                  The Original Patent of Creation, as described above, but considerably decayed, and partly illegible.

3.                  The History of the House of Seytoun, published by the Bannatyne and Maitland Clubs, and which consists of copies of the two following manuscripts, the originals of which are in the Advocates’ Library, viz. 1^st, The Historie and Chronicle of the House and Surname of Seytoun, to the moneth of November in the yeir of God 1559 yeiris, collectit, gaderit, and set forth be Sehir Richart Maitland of Lethingtoun, Knycht, Dochteris Sonn of the said Hous, &c; and, 2d, The History of the House of Seton, further inlarged by Alexander, Viscount of Kingston, second lawful son of the same house, from the beginning of the fift George Lord Seton to this the seventh George Lord Seton of that name, and the eleventh Lord Seton, fourth Earl of Winton, now living in this present year of God 1687.

For the sake of convenience, reference shall her be made to the printed edition of these MSS, in addition to the MSS, themselves, which shall be produced.

In Viscount Kingston’s Continuation, the Viscount relates the creation of Robert eight Lord Seaton, as first Earl of Winton by King James Sixth, his marriage with Lady Margaret Montgomerie, and their male issue to have been the five sons above enumerated.

4.                  The next authorities are three which there will be frequent occasion to refer to, namely, 1^st, 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, now in the possession of Mr. Hay of Dunse Castle, the lineal heir of Alexander first Viscount of Kingston, son of the said third Earl.  2d, Extracts from the Family Bible at Dunse Castle, containing entries of the Marriages, Births, and Deaths of the Kingston Family, from 1650 to 1695, all made by the first Viscount Kingston, with the exception of three, which were made by the second Viscount.  3d, MS, Account of the Seaton Family by Nisbet, the antiquarian, who wrote about the year 1685, the original of which is in the Advocates’ Library, Edinburgh; and 4^th, Robert Mylne’s Genealogical MS., also in the Advocates’ Library, into which this account by Nisbet had been transcribed.

NOTE:  In addition to the MSS, themselves which shall be produced, reference shall here be made for the sake of convenience to the printed edition of them, so far as contained in a work edited and published in 1830, it is understood by Charles K. Sharpe, Esq., under the title, “The Genealogy of the House and Surname of Setoun”, &c, &c.

5.                  Sir James Balfour’s Historical Works, vol. Iv. P. 408.  The occasion is here described on which the creation of the Earl of Winton took place; having been in honour of the christening of the King’s son, afterwards Charles 1.

6.                  Tack of Teinds, dated 29^th of March and July 1602, by the College Kirk of Seaton, in favour of ane nobill ladye deame Margaret Montgomerie, Countes of Wintoun, Ladye Setoun, and to her eldest sone Robert Maister of Wyntoun.

7.                    Extract Registered Charter by James VI, dated 22d March, 1603, and recorded in the Great Seal Register, Book 43, No. 326, Roberto Mag’ro de Winton et Anne Maitland, suæ sponæ.  This Crown charter confirms a charter and infeftment granted by Robert first Earl of Winton, and part of the narrative of the latter, as inserted in the former, is as follows:----Omnibus bane cartam visuris vel audituris Robertus Comes de Winton, Dominus Seaton, salutein in Domino sempiternam.  Noveritis me cum consensu et assensu Dominæ Margarettæ Montgomerie, meæ sponsæ, pro impletione unius partis cujusdam matrimonialis initi et confecti inter me et dietam meam sponsam et Robertum Mag’rum de Winton, nostrum filium et hæredem apparentem.

The last two documents prove, that the above Robert, the Master, was the eldest son of the first Earl of Winton and Lady Margaret Montgomerie.

8.                  Charter by Robert first Earl of Winton, in favour of George Seaton, of the lands of St. Germains, dated 20^th June 1602.  In this charter George Seaton is designed nostro filio secundo genito, and Sir Alexander Seaton, who has been referred to, as fratri germano juniori of George.

This proves the said George and ALEXANDER to have been second and THIRD sons of the first Earl of Winton.

9.                  Charter by Robert Earl of Winton, in favour of Thomas Seaton, his fourth son, of the lands of Olivestob, dated 10^th January 1603.  This charter preceeds, Cum speciali consensus et assensu charissimæ nostræ conjugis Dominæ Margarettæ Montgomerie, Comitissa de Winton, Dominæ Seaton, pro suo interesse, pro specialibus amore et favore quos erga delectum nostrum quarto genitam Thomam Seaton de Olivestob gerimus. 

            This proves that the said Thomas Seaton was fourth son of the first Earl.

10.        Procuratory of Resignation in favour of George Master of Winton, (afterwards third Earl of Winton) by Robert eldest son of the first Earl, of the earldom and titles of honour, dated 26^th June, and recorded in the Books of Council 25^th July 1606.  This procuratory proceeds as follows:---Me, Robert Erle of Wintoun, for the loue and fauouro that I beir to my broyer George Master of Wintoun---and for grit soumes of maney pay it and delyuerit to me be the said George Master of Wintoun, and be Deame Margaret Montgomerie, oure moyer, convertit to my vtilitie, &c. &c.  The procuratory is in favour of (1^st) the above George, (2d) the above Alexander, (3d) the above Thomas, his other brothers, and (4^th), quhilks failzeing to John Saytoun of             also my broyer-germane, and the airis-maill lawfullie to be gottin of his bodie.  And the only other substitution is in favour of the nearest heirs-male mentioned in the infeftment of the Lordship of Seaton.

This proves inter alia that the above John Seaton was fifth and youngest son of Robert the First Earl.

11.        Charter of Resignation and Novodamus by King James VI in favour of the above George then Master, and afterwards third Earl of Winton, of the earldom and titles of honour, dated 12^th May 1607.

This Charter calls also the three younger brothers, Alexander, Thomas and John.

12.               Instrument of Sasine of parts of Wigrihill in the Barony of Prestongrange, in favour of Thomas and John Seaton, the first designed filio quarto genito, and the other filio quinto genito, Roberti Domini Seton, dated 20^th of October 1600.

13.               Procuratory of Resignation by Hugh Earl of Eglinton, of the estate of Eglinton, in favour of Sir Alexander Seytonne of Foulstruther, knight, and the heirs-male of his body, &c, dated 13^th of September 1611.  It preceeds upon the narrative of a contract dated 27^th of July in the same year, betwixt him on y ane part, and ane noble and potent lady, dame Margaret Montgomerie, Countes of Wyntoune, Lady Seytoune and Sir Alexander Seytoune of Foulstruther, knicht, Thomas Seytoune, and John Seytoune, her thrie lauchful sones. Brether germane to ane noble and potent Lord George, now Erle of Wyntoune, Lord Seytoune, on y uther part.

14.               Charter under the Great Seal, of the estate, in terms of the above resignation, dated 28^th of November 1613, to Hugh Earl of Eglinton, and the heirs-male of his body, with remainder Domino Alexandro Seton de Foulstruther militi, et hæredibus masculis de corpore suo, &c.

15.               Procuratory of resignation by Sir Alex Seaton or Montgomerie, Earl of Eglinton, of the title of honour of Earl of Eglinton, in the king’s hands, dated 3d of February 1615.

16.               Charter of Resignation and Confirmation to the aforesaid Sir Alexander Seaton then Montgomerie, of the earldom and honours of Eglinton, to him and the heirs-male of his body, with other limitations, dated 4^th of March 1615.

THAT Robert first Earl of Winton, died 24^th March 1603, and was succeeded by his eldest son, the above Robert, sometime second Earl of Winton.

1.       In the MS, Record by George third Earl of Winton, already referred to, amongst the death recorded by him, there is inserted the following:  Robert first Earle of Wintoun, Lord Setoun, depairit this life upon the xxiiii day of Mairche 1603, and was buriet upon Tysday ye 5^th of Aprijlo 1603, upon quilk day his Matie tooke first jornay to Ingland.

2.       This fact is also stated in the MSS by Nisbet and Nylne, before referred to.

3.       Charter by James Sandilands, Lord Torphiehen, in favour of Robert Earl of Winton, dated 2d February 1601.  This charter narrates Compertum est quod quondam Nobilis Dominus Robertus Comes de Winton, Dominus Seaton, &c.  Pater nobilis etlam Domini Roberti nune Comitls de Winton, Domini Seaton.

4.       Special Retour of Robert Earl of Winton, as heir to Robert Earl of Winton, his father, dated 21^st April 1607.

5.       Precept from Chancery for infefting Robert Earl of Winton as heir to his father, 28^th April 1607.

6.       Procuratory of Resignation, already referred to, dated 26^th June, and recorded 25^th July 1606, by Robert Erle of Wintoun, in which he mentions George Master of Winton, my Broyer, and Deame Margaret Montgomerie oure moyer, &c.

The six last described documents thus prove, that Robert first Earl of Winton was succeeded by his eldest son Robert, sometime second Earl.

III.          HEAD --- INSTRUCTING

THAT Robert sometime second Earl of Winton, having no prospect of issue, and for other reasons, by Procuratory of Resignation, of date 26^th June 1606, resigned the Earldom and Titles of Honour in favour of his immediate younger brother George then Master of Winton, who, in consequence thereof, and of a Royal re-grant, succeeded him as third Earl of Winton,---That the second Earl, who thus denuded, thereafter uniformly described himself, and was designed by others, simply as Robert Seaton, and that although he lived till 1636 he left no issue.

1.             In the manuscripts by Nisbet and Mylne, already referred to, it is stated that the second Earl married Lady [Anne] Maitland, only daughter to Chancellor Maitland.  He denuded himself in favour of his brother George, and died without issue, and was interred in the chapel of Setoun with his fathers.

2.             In Scott of Sentstarvet’s Staggering State of Scottish Statesmen, (at p. 94) the same fact is mentioned.

3.             In the Collection of Genealogles by Sir George Mackenzie of Rosebaugh, (kept in the Lyon Office at Edinburgh it is stated that Robert Lord Seaton was created by King James VI, Earl of Winton.  His sons were Robert, who becoming incapable to manage the estate, having married the Earl of Lauderdale’s sister, who divorced him for impotency, he resigned it to his second brother George.  The rest wee Alexander Earl of Eglinton, &c.

4.             Lines written by Hume of Godseroft, upon Lady Ann Maitland, who was the second Earl’s wife, published in 1639, bear these words, Ipso absente hymenæo.

5.             A monumental inscription upon the same Lady Ann Maitland, in the Lethington cemetery at Haddington, describes her as Roberto Wintoniæ Comiti desponsata, virgo mortua est, anno 1609.

6.             In Viscount Kingston’s continuation of Maitland of Lethington’s History of the house of Seaton, already referred to the Viscount expressly says, that the second Earl dyed without heirs of his body.  The Viscount was nephew to the second Earl, being a sone of George third Earl of Winton, and was his cotemporary, having lived from 1620 to 1691.

7.             The procuratory of Resignation, already referred to, dated 26^th June, and recorded 25^th July 1606, granted by Robert the second Earl, whereby George then Master of Winton succeeded as third Earl.  The procuratory, inter alia, recites as the cause of granting, Forsamekill as I now, efter my perfyte age of twentie-ane zeirls compleit,

Have considerit the tender constitution of my persone, subject to sundrle disenals; and, be that infirmitia and natural compleioun not finding in myself ---------to the maintenaneo and governement of – ancient and noble house of Setoun, of the quhilk I have that honur to be descendt, and thair being nothing in this world as deir to me as the continewance and gall it will be the pleasure of (bod) the increment of the honour and estate thereof &c, thairfor, and with express advice, comment and counsel of my noble honorubill alarest kinsmen and maist ruth freindl underulery, vand, To resign, renounce, frielle quytelame, discharge, overgive and dulyver fra me my heirs and assignees, all and sundrie the Erledo, landis, lordships, baronies, offices, and others particularlie aftermentionit; Thay are to say, All and haill the Erledomo of Wintoun and landis thairof, lyand within the Sheriffdom of Edinburgh and Constabularie of Haddintoun; with the Estate, dignitie, and honour of the said Erledome, with all prerogatives, preuiledges, and liberties of the samyn; All and hail the Lordship and baronie of Setoun, with castells, &c, in favour of the said George Master of Wintoun, my broyer germane, and the airis maill lawfullie to be gottem of his bodie; quhilkis failzieug, to Sir Slexander Setoun of knicht also, my broyer-germaine, and the airis maill awfullie to be gottin of his bodie; quhilks failzieing to Thomas, and John Seaons, his other brothers, in order already stated at p. 3.  The procuratory contains a provision that the said George Master of Wintoun be strictly bound and obleigit, his airs-maill and sucessors foresaidis, to reverence and honor me as their elder brother, and sustain me in all kinds of necessaries according to my estate.

8.             Instrument of Resignation following upon the said Procurator, in favour of he aid George third Earl of Winton, dated 28^th May 1607.

9.             The procuratory of Resignation, already referred to, by Hugh Ear of Eglin ton, dated 13^th of September 1611, in which the above George Master of Winton, to whom the Winton estates and honours were conveyed, is he designed Earl of Winton.

10.         Charter of Resignation and Novodamus by King James VI, in favour of the above George third Earl of Winton, of the Earldom and titles of honour, dated 12h May 1607.  This Charter proceeds upon the resignation by the above Robert the second Earl, already referred to (No. 10 of productions), the Quæquidem declaring that the Earldom and titles of honour perprius pertinuerunt dilecto uro consanguineo et consiliario Roberto Comiti de Winton, Domino Seaton and hat they were resigned, cum omnibus jure et clameo, proprietate, et possessione, quæ et quas in eisdem habuit, præfato Georgio magro de Winton, suo fratri germano.  The charter is in favour of (1^st) The above George, third Earl (2d) The above, Alexander, he next brother; (3d) The above Thomas, the next brother; (4^th) The above John, the next brother; and (5^th) The nearest and lawful heirs-male mentioned in the infeftments of the Lordship of Seaton.

11.         Precept of Saisine under the Quarter Seal, in favour of the said George Master of Winton, dated 12^th May 1607.

12.         Instrument of Sasine in favour of the said George Master of Winton, dated 1^st December 1611.

The last six documents prove that the second Earl had absolutely divested himself of both the estates and honours; and he following show that he thereafter, during the thirty years which he survived, executed supplementary writings for the same purpose, and ceased to bear the titles, having uniformly designed himself, and subscribed, dimply Robert Seatoun.

13.         Instrument of Sasine, dated the 18^th day of Marcy 1610, in favour Roberti Seytoun, ulim et non ita dudum, Comitis Wintoun, Dsi Seytoun, &c, in two tenements of land in the burgh of Canongate, proceeding upon  precept of clare consat by William Bellenden, Baron of the Barony and Regality of Broughton, for infefting the said Robert Seytoun, in the said tenements, as nearest and lawful heir of the deceased George Lord Seaton, his grandfather and the deceased Robert Earl of Winton, Lord Seaton, &c, his father.

14.         Instrument of Sasine, dated said 18^th March 1610, in the said two tenements in Canongate, following upon a procuratory of the same date, granted per Robertum, olim Comitem de Wintoun, Dam Seytoun, &c, to Georgio nune Comiti de Wintoun suo fratri.

15.         Deed of Assignation, dated 1^st May 1621, of a tack of the teinds of the barony of Tranent, by Robert Seytoun, sumtyme Erle of Wintoun, eldest lawfull sone and air, servit and retouret to vinq Robert Erle of Wintoun, my father, in favour of ane nobill and michtie Erle, and my weil belouit brother George, now Erle of Wintoun, Lord Seytoun, heritabill proprietor of the saidis landis and barony of Tranent, which assignation narrates the said tack, and is subscribed Robert Setoun.

16.         Retour of the special of Robertus Setoun, as legitimus propinquior hæros quondam Roberti Cimitis de Wintoun, sui patris, in the port and burgh of barony of Cockenzie, dated 24^th December 1633.

17.         Procuratory of Resignation, dated 21^st January, 1634, by Robert Seatone, eldest lawfull sone to umq Robert Erle of Wintoune, Lord Seaton, &c of the Port and Burgh of Barony of Cockenzie, in favour of George Erle of Wintoune, Lord Seatoun, &c my brother-german, and his heirs-male and of tailzie, succeeding to him in ye Erledome of Wintoune and Lordship of Seatoune.

18.         Instrument of Resignation following upon the said Procuratory by Robert Seaton, dated 25^th January, 1634, in favour of George Erle of Wintoune, Lord Seatoune, &c his brother germane, and his airis maill and of tailzio succeeding to him in the Erledom of Wintoune and Lordship of Seatoune.

19.         Charter under the Great Seal, dated 25^th January 1634, of he said Port and Burgh of Barony of Cockenzie, following upon the said Procuratory and Instrument, Georgio Comiti Wintoun, Domino Seatoun, &c.

20.         Precept under he Quarter Seal following thereon for infefting the said George third Earl of Winton, dated also 25^th January, 1634.

21.         Instrument of Sasine following thereon in favour of the said George third Earl of Wintone, dated 24^th, and recorded in the particular Register of Sasines at Edinburgh, 25^th February, 1634.

The last twenty-one documents thus prove, that Robert, sometime second Earl of Winton, died without issue, and that he had previously resigned absolutely in favour of his brother, the whole of the estates and honours which he inherited, after which he uniformly described himself, and was designed by others, simply as Robert Seaton.

IV.          HEAD -- INSTRUCTING

THAT George, third Earl of Winton, married twice; first upon 26^th April 1609, Lady Anne Hay, eldest daughter of Francis Earl of Errol; and, secondly, Lady Elizabeth Maxwell, only daughter of Lord Herries, and that by his first marriage he had issue five sons, but three of whom died young; and also, that, by his second marriage, he had issue six sons; but two of whom died young.  There were no other sons of the third Earl than these Eleven.

The son of the first marriage were:

1.             George, born 22^nd July 1610, died an infant before the birth of his next brother, which was in 1613.  This fact is proved by that next brother having been named also George, and it will be further proved by documents to be produced.

2.             George, born 15^th May 1613, afterwards George Lord Seaton, and father of George fourth Earl of Winton.

3.             Christopher, born 20^th February 1617, and died 30^th June 1618, in infancy.

4.             Alexander, born 13^th March 1620, afterwards Sir Alexander Seaton of Craigiehall, and first Viscount Kingston, progenitor of the Kingston branch; the particulars of which are stated from p. 21 to 25.

5.             Francis, born 1^st May 1623, died young.

The sons of the second marriage, were:

1.             Christopher, died an infant, as is proved by the third son of the same marriage, being also named Christopher.  It will likewise be proved by documents to be produced.

2.             Robert, died an infant, as is proved by the sixth son of the same marriage being also called Robert.  Documentary proof to the same purpose will however be produced under the head proving his extinction.

3.             Christopher, born 28^th January 1631, drowned, along with his next brother William, off the coast of Holland.  He had no issue.

4.             William, born 8^th January 1633, drowned, along with the above Christopher.  He had no issue.

5.             John, born 29^th September 1639, afterwards Sir John Seaton, first of Garleton, progenitor of the Garleton branch; the particulars of which are stated from p. 27 to p. 42 hereof.

6.             Robert, born 10^th November 1641, afterwards Sir Robert Seaton of Windygowl.  He died in 1671, without issue.

1.             In the MS Record by George third Earl of Winton, already referred to, amongst the marriages recorded by himself, here is the following:  Upon the 26^th of Apryle 1609, George Earle of Wintoun, was mariet upon Dame Anna Hay, eldest dochter to Frances Earle of Erroll.

2.             In Viscount Kingston’s Continuation of Sir Richard Maitland’s History, before referred to, he mentions the second marriage of George the third Earl (who was his father) as follows:  The said George Earl of Wintone married to his second wife Lady Elizabeth Maxwell, only daughter to the Lord Herros, by whom he had six sons.  And in the MSS, by Nisbet and Mylne, before referred to, the same fact is mentioned.

These documents prove the marriage of the third Earl of Winton.

3.             In the manuscripts by Nisbet and Mylne before referred to, it is sated that Lady Anne Hay had several children, who died all young, except George Lord Seaton, who succeeded, and Alexander, who was created Viscount of Kingston. 

4.             In the MS Record by George, the third Earl of Winton, already referred to, amongst the births recorded by him, there is the following:  Upon ye 22d of July 1610, my Lady Winton was delyuerit of hir eldest sone, callit George.  He deit upon the  .  .  .  .

5.             And in the same work, there is he following:  Upon the 15^th of May 1618, my Lady Winton was delivered of her second son called George.

Nos., 3, 4, and 5 prove, that the first born George must have died an infant. 

6.             In the same work, there is the following:  Upon Thursday the 20^th of February 1617, a little befoir 9 hours at night, my Lady Wintoun was delyuerit of hir third son, called Christell.

7.             Certified Extract from Parish Register of Baptisms at Tranent, which contains the following:  2d Martij 1617, George Earl of Winton (had) ane son baptised, named Christopherus.

8.             The same certified Extract from Tranent Parish Register, which also contains the following:  30 June 1618, Christopher Seaton, son to George Earl of Winton, departit this lyf.

9.             In the MS Record by George third Earl of Winton, already referred to, the following birth is recorded:  Upon the 13^th of Mairche 1620, my Lady Winton was delyuerit of her 4 son, callit Alex.

10.         And in the same work also, there is recorded:  Upon Wednesday ye first of Maye 1623, my Lady Wintoun was delyuerit of her fyft sone, about four in ye morning, callit Francis.

11.         In Viscount Kingston’s Continuation of the History of the Seaton Family, already referred to, it is likewise stated that the above Christopher and Robert, the two eldest sons of the second marriage, both died young.

Viscount Kingston was their brother, that is by the first marriage, and therefore had the best access to know the fact.

12.         In the said certified extract from the Tranent Parish Register, the following birth is recorded: 28 January 1631, George Earl of Winton a S. born, his N. Christopher

13.         Likewise, in the same certified extract from Tranent Parish Register, the following birth is recorded: 8 January 1633, George Earl of Winton a S. b., his N. William. 

14.         Likewise, in the Tranent Register there is recorded: 29 September 1639, George Earl of Winton, a son B., his name John.

15.         And in the same Register there is recorded: 10^th November 1641, George Earl of Winton, ane son baptized.  The name is omitted in the register, but, as it will immediately be proved, by other documents, that the only other son of this marriage was Robert, afterwards Sir Robert Seaton of Winygoul, this entry in the Register necessarily applies to him.

16.         In Viscount Kingston’s Continuation of the History of the Seaton Family, already referred to, it is stated that Robert was the youngest son of the third Earl’s second marriage, and for the reasons already stated, his authority seems the very best.

17.         Instrument of Resignation of the Earldom of Winton, dated 21^st April 1619, in favour of George the third Earl of Winton, in liferent, and George Lord Seton, his son, in fee.

This proves that the above George, the second son, had become, at 21^st of April 1619, the third Earl’s eldest son, in consequence of the death of his elder brother of the same name, in infancy, whose birth has been proved, on the preceding page.

18.         Charter by Sir Alexander Touris in favour of George Earl of Winton, dated June 1643, This charter is in favour of (1^st) the above George the third Earl, in liferent; and (2d) the above Christopher, who is designed eldest son of the second marriage; (3d) the above William, ejus fratri germano; (4^th) the above John, etiam fratri germano; and (5^th) the above Robert, etiam fratri germano; and the next substitution is, to the above Sir Alexander of Craigiehall, afterwards Viscount Kingston, who is designed filio legitimo secundo genito of the first marriage, while the next and last substitution is the third Earl’s nearest and lawful heirs-male.

   This proves, that at the date of this charter, June 1643, the only surviving sons of George the third Earl, besides George, the eldest, wee (1^st) the above Alexander, afterwards Viscount Kingston, who was then youngest surviving son of the first marriage; (2d) Christopher, the third born, but eldest surviving son of the second marriage; (3d) William, the next son of that marriage; (4^th) John the next son; and, (5^th) Robert, the youngest son of the family.  This document also proves that there were no other sons of the third Earl than his eleven named in this head, for if at the date of the charter there had been any other sons in existence, they would certainly have been called nomination in the destination, as the five above named were, in place of being only called to the succession under the general destination to the third Earl’s nearest heirs-male.

And by this marriage, his only male issue was four sons:

1.       George, born 4^th May 1642, afterwards George fourth Earl of Winton.

               N.B.      This is the Earl to whom Lord Eglin ton claims to be served, and the proof of his extinction will be found detailed under the 2d Branch, p. 10 hereof.

2.             Alexander, born 21^st January 1644, died before 1673, without issue.

3.             Christopher, born 15^th April 1645, died without issue.

4.             Francis, died an infant, aged two years.

As Viscount Kingston was full brother to George Lord Seaton, and survived him till 1691, and it will immediately be seen was tutor to his son, he had the very best success to know the facts.

3.       Testament Testamentar of George Lord Seaton, whereby his brother the Viscount Kingston was nominated tutor to George fourth Earl, Lord Seaton’s eldest son, which office he discharged until 1656, when the fourth Earl attained the age of fourteen.

As the maker of this testament describes himself George Lord Seaton, and since he is similarly described in the confirmation following upon it, this of itself proves that he must have predeceased his father, and before 1652.

6.       And in the same Register: 15 April 1645, George Lord Seaton and Dame Henrietta Gordon, his lady, a S.B., his name Christopher.

7.       General Retour of George fourth Earl of Winton dated 12^th May 1653.  In this retour the Earl is served heir-male in general to George the third Earl of Winton, his grandfather, which proves his descent as stated.

8.       Deed of entail by George fourth Earl of Winton, dated 22d September 1669.  This entail is in favour of (1^st) the Earl himself, and the heirs-male of his body; (2d) the above Alexander, our immediate younger brother; (3d) the above Christopher our youngest brother; and (4^th) the sons of Alexander Viscount Kingston, “our uncle”.

This proves, that at 22d September 1669, the only surviving sons of George Lord Seaton were George the fourth Earl, Alexander, and Christopher.

The ten documents last referred to prove the marriage, male issue, and death of George Lord Seaton, and that he predeceased his Father, the third Earl of Winton.

The preceding authorities prove the succession of the fourth to the third Earl, his grandfather.

The preceding six heads prove, as was announced in the first proposition, that George fourth Earl of Winton, to whom Lord Eglin ton claims to be served heir, was the grandson and heir-male of the body of George the third Earl of Winton who was the second son and heir male of the body of Robert the first Earl of Winton, by his Countess Lady Margaret Montgomerie – Robert the eldest son, who was second Earl of Winton, and who had previously resigned the estates and honours in favour of the said third Earl, having died without issue, and which first Earl of Winton was the Common Ancestor both of the fourth Earl of Winton and of Lord Eglin ton.

Under this branch there have also been shown the whole immediate male collaterals of each of the successive Earls who would have been entitled to succeed preferably to Lord Eglin ton, and that there were no other collaterals so entitled to succeed.

Under this branch will be shown the whole male descendants who ever existed of the male collaterals of each of the successive Earls who would have been entitled to succeed preferably to Lord Eglin ton; and the extinction of both the male collaterals themselves, and their male descendants, will be proved.

VII    HEAD – INSTRUCTING

THAT the above George fourth Earl of Winton, obtained, on 31^st July 1686, upon his own resignation, a charter of resignation, novodamus, and erection of the estates, and of the titles of honour of Earl of Winton, Lord Seaton and Tranent, in favour of himself and the heirs-male lawfully to be procreated of his body, and which contains a separate substitution to his heirs-male general; that he married twice – first, Lady Mary Montgomerie, eldest daughter of Hugh seventh Earl of Eglin ton; and, secondly, Christian Hepburn, heiress of Adistoun; and that by the first marriage he had an only daughter, who died an infant, aged three years; and by the second marriage he had two sons.  These were the only issue, male or female, this Earl ever had.

The sons were:

1.   George, born 1678, afterwards George, fifth Earl of Winton, attainted 1716, and died at Rome 30^th September 1749, unmarried and without issue.

2.   Christopher, born in 1683, died unmarried, without issue, 5^th January 1705.

3.   In Nisbet and Mylne’s Manuscripts, so often referred to, the facts as to the marriages and issue are stated as above.  Both authors were cotemporaries of the fourth Earl, and wrote during the lifetime of himself and his sons. 

4.   In Sir Robert Douglas’s Peerage, published in 1764 and in an edition and continuation of that work published by John Philip Wood, Esq., in 1813, the facts are stated as follow:  George fourth Earl of Winton, married first, 4^th September 1662, Lady Mary Montgomerie, eldest daughter of Hugh seventh Earl of Eglin ton, by whom he had one daughter, Lady Mary, who died in infancy.

His second wife was Christian, daughter of John Hepburn of Alderston, in the county of Haddington and by her, who died in 1704, he had two sons:

1.       George fifth Earl of Winton 

2.      Honourable Christopher Seton, who died in 1704, unmarried.

5.   Extract Registered Sasine of the Earldom of Winton, &c, &c, dated 9^th April, and recorded 5th June 1697, in the particular Register of Sasines at Edinburgh, in favour of George Lord Seaton, afterwards fifth Earl.  This sasine bears to proceed upon a disposition by George, the fourth Earl of Winton, dated 7^th April 1697, in favour (1^st) of the said George Lord Setoune, who is designed eldest lawful son of Earl George; and (2d) Christopher Seaton, second lawful son of the said noble Earle.  The sasine does not bear that the disposition was in favour of any other party nomination, although it recites a variety of general substitutions to heirs to be proreated of the Earl, and his above named two sons; and, at p. 24, there is recited a provision in favour of Dame Christian Hepburne, Countess of Wintoune, our spouse, in caise she shall happen to survive was (the fourth Earl).

This sasine proves the two sons of George the fourth Earl’s second marriage; and that of 7^th April 1697, when the youngest sone would be fourteen years of age, he had no other issue, male or female.

6.   Extract Registered Disposition and Assignation by George fourth Earl of Winton, of his general estate, in favour of his eldest sone George Lord Seaton, dated 7^th April 1697, and recorded in the Books of Session, 27^th June 1710.

In this Disposition the said George Lord Seaton is designed our eldest lawful son, procreate betwixt us and Dame Christian Hepburn, Countess of Winton, our spouse.

9.   Disposition and Assignation by the same to the same, dated 29^th May 1703, of an apprising of the lands of Carrieston, for 9000 merks.  In this deed, Christopher is like wise called he Earl’s second son.

10   Testament of the said George fourth Earl, dated 21^st February 1704.  This testament proceeds as follows:  We nominate, constitute and ordain our well-beloved sons, George Lord Seaton, our eldest son and apparent heir, and Mr. Christopher Seaton, his brother-german, procreate betwixt us and our well-beloved spouse Dame Christian Hepburn, to be our only executors, sold legatees, and universal intromitters with our haill goods, &c.

Neither this testament, nor any of the other deeds just described, make mention in any way of any other son or child of the fourth Earl, other than the two sons, George Lord Seaton and Christopher; and this, joined to the fact that the testament was executed twenty-one years after the birth of Christopher the second and youngest son, and as will immediately be seen, within a month of the Earl’s death, establishes that there were no other issue of the fourth Earl.

VIII    HEAD – INSTRUCTING

That the said George fourth Earl of Winton died 6^th March 1704, and was succeeded by the above mentioned George Lord Seaton, his eldest son, as fifth Earl of Winton.

1.   In a printed condescendence in an action between the children of James Smith (factor for the fourth Earl) and the said George the fifth Earl, which bears date 24^th January 1715, it is stated, that George the fourth Earl had died upon the day of _________ 1704 years.

2.   General Retour of the Service of George fifth Earl of Winton to his father, dated 4^th July 1710.  This retour designates the parties as follows:  Quondam Georgius Comes de Winton &c.  Pater Georgij nunc Comitis de Winton, Domini Seaton et Tranent, latoris præsentium, ejus unici legitimi filij nunc viventis procreat, inter illum et quondam Christianam Comitissam de Winton, ejus sponosam.  Obiit ad fidem et pacem S.D.N.Reginæ nune regnantis; Et quod Dictus Georgius nunc Comes de Winton, est legitimus et propinquior hæres masculus et lineæ dicti quondam Georgij Comitis de Winton, ejus patris.  This service proceeded at Edinburgh, in the Macers’ Court, under the commission issued from Chancery, and before the following jury:

3.   In a Printed Information, dated 19^th July 1711, in an action between George the fifth Earl and Archibald Viscount Kingston, it is stated that the above Christopher who was the fourth Earl’s second son, lived nine months after the Earl, (fourth Earl).

It will be proved that Christopher himself died 5h January 1705, and therefore the fourth Earl must have died before April 1704.

4.   Charter of Resignation by George fifth Earl of Winton, in favour of George Seaton of Barns, dated 31^st March, 1715.  In this charter the granter is designed Georgius Comes de Winton, Dominus Seaton et Tranent, unicus legitimus filius et hæres deservit, et retornat, quondam nobili et potenti Comiti Georgio Comiti de Winton, nostro patri, secundum Retornatum Nostrum o Cancellario extractum de data quarto die mensis Julij anno 1710.

This proves that the fifth Earl, alive in 1715, was the same Earl who was served by the retour of 1710.

IX      HEAD – INSTRUCTING

That George fifth Earl of Winton, having, as has been shown, succeeded his father in 1704, was, of date 16^th and 195h March 1716, convicted of high treason; but afterwards, on the 4^th August 1716, escaped from the Tower, and died at Rom the 30^th September 1749; and that he had no issue, having died unmarried.

1.       In Crawford’s Peerage of Scotland, which was published in 1716, there is no mention of the said George the fifth Earl having been previously married; and if such had been the case, the fact must have been stated as of more consequence than several particulars which Crawford does mention regarding his Lordship, and in conformity with the writer’s rule in other cases where marriage had taken place.

2.       In Nisbet’s Heraldry, published in 1722, there is likewise the same silence as to any marriage of the said Earl.

3.       In the Calendar of the House of Lords in 1716 – duplicate in the Advocates’ Library, published by authority – the proceedings on the impeachment of this Earl are stated, abridged from the Journal of the House.  In the whole proceedings, there is no mention made of any application by wife or child for admission to see the attainted Earl, or any reference whatever to the Earl having any such.  This is remarkable, because, during the impeachments of other Lords before the same tribunal, and at the same period, where the party had a wife or children, such applications and references were usual, and the circumstances related; and they were the more to be expected in the present instance, as the Earl sought delay, grounded upon the non-arrival of witnesses and friends from the North.

4.       Factory, dated 21^st, and Recorded in the Books of Council and Session the 27^th January 1716, by George Earle of Wintoune, Lord Seton, Baron of Tranent, in favour of Elizabeth Stevenson, relict of Archibald Pitcairn of that ilk, Doctor of Medicine, which narrates that Forsameikle as our present circumstances does not allow us to be in Scotland for managing our affairs, &c, and contains no reference to family or marriage.  The testing clause is as follows:  In witness whereof, written by Charles Menzies of Kinmundie in Scotland, we have subscribed thir presents, at and within the Tower of London, ye 21^st day of January, 1716 years, &c.

                                    This corroborates the other proof that the fifth Earl was not married.

5.       In Patten’s History of the Rebellion, printed at London, 1717, (p. 130) it is stated that George Seaton, Earl of Winton, made his escape ot of the Tower, August 4^th, 1716.

6.       In the Caledonian Mercury, No. 4567, 16^th January 1750, the attainted Earl’s death is announced as follows:  Letters from Rome bring advice that the Earl of Winton, who was condemned to die in 1715, but escaped from the Tower, died there the 30^th of September last, N.S., aged upwards of 70, and was buried in the place set apart for the Protestants.

The fact of the attained Earl having gone to Rome after his escape from the Tower, is established by Lord Orford, who, in speaking of the Pretender, mentions Lord Winton when he (Lord Orford) was at Rome, as forming one of the Pretender’s slender Cabinet.

7.       In Edinburgh Magazine for 1750, the attainted Earl’s death is likewise announced as follows:  December 19, 1749.  At Rome, aged above 70, George Earl of Winton.  His Lordship was engaged in the Rebellion 1715, and surrendered at Preston in Lancashire, on the 14^th November that year, with several Scots and English Lords, &c, to the Generals Carpenter and Wills.  He was brought to London, December 9^th and on the 10^th of January following, was impeached by the Commons of high treason.  On the 19^th, the date appointed for the trial, he pled no guilty, and his trial was put off from time to time, till the 15^th of March when he was brought, and received sentence of death on the 19^th; but he escaped from the Tower soon afterwards, and had lived in foreign parts ever since.

It is to be presumed, that in giving such accounts of the attainted Earl as the above, if he had left lawful issue, or had been married, the facts would naturally have been stated.

8.       In the London Magazine, January 1750, the attainted Earl’s death is announced as follows:  The late Earl of Winton, at Rome, on December 30^th.  He was condemned to die for the Rebellion of 1715; but escaped out of the Tower.

9.       In Sir Robert Douglas’s Peerage of Scotland, published in 1764, it is expressly stated, that the attainted Earl died at Rom, anno 1749, and having no issue, in his ended the male line of George Lord Seaton, eldest son of George second Earl of Winton, and that the male line of Alexander Viscount Kingston, his (George third Earl’s) second son having also failed, the representation of this noble family devolved upon the descendants of Sir John, his (third Earl’s) third son, (Sir John Seaton of Garleton).

N.B.  The second Earl in the above passage should be third; -- the slight numerical difference arising from the circumstances of the second Earl’s Resignation, as already detailed under Branch 1. p. 4.

      This statement was made by Douglas only fifteen years subsequent to the attainted Earl’s death, when the facts must have been well known.  The Record by Sir Robert Douglas in all that relates to the Winton family, rests upon far higher and more direct authority than is usually the case with similar works, as is established by the evidence which he gave as a witness, and one of the inquest in the service to be immediately referred to, of Mrs. Mary Seaton or Arrat, youngest daughter of Sir George Seaton second of Garleton, to her eldest brother Sir George Seaton in 1769, being five years after he published his work.  In that service he not only deponed to the propinquity, and that the genealogy mentioned in the brieve and claim is true and authentic.  But Sir Robert gives as his cause scientia that he had in his hands the whole papers of the family of Winton when he wrote his book of the Peerage of Scotland, and examined these; which book he produces to the Jury.

10   In the Scots Magazine for April 1769, the following is recorded among the deaths:  March 9, (1769) At Versailles, in the 84^th year of his age, Sir George Seaton of Garleton, representative of the Winton family.

This proves that Sir George was actually acknowledged, as in point of fact he was, the representative of the Winton Family, from 1749, when the fifth Earl died, down to Sir Georg’s own death, in 1769.  Sir George was the grandson of Sir John the first of Garleton, younger son of George the third Earl, but could not have become the representative of the Winton Family, unless the attainted Earl had died without male issue.

This evidence that Sir George was commonly styled Earl of Winton subsequently to the attainted Earl’s death, is an additional proof of the fact that the latter left n