To

GEORGE FOURTH EARL OF WINTON, LORD SETON, AND TRANENT

HONOURABLE PERSONS AND GOOD MEN OF INQUEST,

THAT James the Sixth King of Scotland, and afterwards the First of England, by Patent of Creation under the Great Seal of Scotland, and subscribed with his Majesty’s hand, dated the 16^th day of November, in the year 1600, and sealed with the Great Seal of Scotland, on a recital that Robert Lord Seaton had descended of the highly celebrated and illustrious race and ancient family of Seaton, which had for many ages obtained from His Majesty’s ancestors the dignity and honour of a free Baron and Lord of Parliament of the Kingdom of Scotland, and that the Royal estate and munificence demanded that he and his successors should no longer be suffered to remain without the farther honours and celebrity due to them, ---- Therefore His Majesty, with the advice of the Peers and chief men of the Kingdom, did, by the tenor of the said patent, CREATE, CONSTITUTE, AND ERECT, the said Robert Lord Seaton (who was the eight Lord Seaton in the family), and his heirs-male, Earls of Winton, and gave and granted to the said Robert, and to his heirs foresaid, the name, state, rank, title, honour, and dignity of Earl of Winton, in all and sundry pre-eminences, dignities, honours, and others whatsoever thereof, which could possibly pertain or belong to the state of the Earl of Winton; and also signalized, invested and actually ennobled the said Robert and his heirs aforesaid with the state, rank, title, honour, and dignity of Earl of Winton, ‘per cincturam gladij ac unius cappe honoris et dignitatis et circuli aurei circa caput positionem;

And

THAT the said James the Sixth of Scotland, and then the First of England, King of Great Britain, France, and Ireland, upon the resignation of Robert second Earl of Winton, Lord Seaton, and Tranent, who was eldest lawful son of the said Robert first Earl of Winton, by charter of Resignation and Novodamus, dated at the Palace of Whitehall the 12^th day of May, in the year 1607, and sealed with the Great Seal of Scotland, GAVE, GRANTED, DISPONED, and CONFIRMED, 1^st, To George Master of Winton (afterwards George third Earl of Winton, Lord Seaton and Tranent), and the heirs-male lawfully to be procreated of his body;

Whom failing,

2d, To Sir Alexander Seaton of                                     , Knight, (Sir Alexander Seaton of Foulstruther, and thereafter Alexander Montgomerie, Sixth Earl of Eglinton), his brother-german, and the heirs-male lawfully to be procreated of his body;

Whom failing,

3d, To Thomas Seaton de                                            , also his brother-german, and the heirs-male lawfully to be procreated of his body;

Whom failing,

4^th, To John Seaton de                                                , also his brother-german, and the heirs-male lawfully to be procreated of his body;

Whom failing,

5^th, To the nearest and lawful heirs-male mentioned in the infeftment of the Lordship of Seaton, bearing the sirname and arms of the family of Seaton; which Lordship of Seytoun had been previously erected by his Majesty into the honour and title of the Earldom of Winton;

All and whole, the foresaid Earldom of Winton, with the name, state, title, honour and dignity of the said Earldom, with all prerogatives, privileges, and liberties of the ‘same’, and the lands, lordships, and baronies therein mentioned.

And by which Charter His Majesty further, for the good, faithful, and gratuitous services performed and achieved to him and his most noble progenitors for many ages past by the ancient and noble rate of the Lordship, Family and House of Seytoun, during peace and war, of new gave, granted and disponed, and perpetually confirmed to the said George Master of Wentoun, and his heirs-male of taillie and provision above specified, the said Earldom of Wentoum, with the name, state, title, honour and dignity of the said Earldom, with the whole prerogatives, privileges and liberties thereof; together with the whole lands, lordship and barony of Seytoun and Wentoun, with castles, &c, &c.

And

THAT infeftment followed in favour of the said George Master of Wenton, afterwards George the third Earl of Winton, Lord Seaton, and Tranent, the donce in the said Charter, in virtue of precepts from Chancery following upon the said Charter; and which sasine is dated the 1^st day of December 1611.

And

THAT James the Seventh of Scotland, and the Second of England, King of Great Britain, France, and Ireland, upon the resignation of George the fourth Earl of Winton, Lord Seaton, and Tranent, who was grandson and heir-male of the said George third Earl of Winton, by a Charter of Resignation, Novodamus, and Erection, dated at the Palace of Windsor, the 31^st day of July, in the year 1686, and written to the Seal, and sealed with the Great Seal of Scotland the 12^th day of December, in the year 1688, with the special advice and consent of James Earl of Perth, Great Chancellor, John Marquis of Athole, Keeper of the Privy Seal, William Duke of Hamilton, George Viscount Tarbet, Clark of Register and Rolls, and Lieutenant-General William Drummond, Commander-in-Chief of the Forces, the Commissioners of the Treasury and Comptrollery, and of the Treasury and Comptrollery of New Augmentations, and also with the consent of the Lords and others, Commissioners of the Exchequer, GAVE, GRANTED, DISPONED, and perpetually CONFIRMED,--------

1^st, To the said George (the fourth) Earl of Winton, Lord Seaton, and Tranent, and the heirs-male lawfully to be procreated of his body;

Whom failing,

2d, To whatsoever person or persons the said Earl of Winton should designate or nominate by a writing subscribed with his hand at any time of his life, etiam in ipso artivulo mortis, and to the heirs-male of their bodies, and that under and with the burden of the conditions and provisions to be contained in the said nomination, which the persons so to be nominated by him should be bound to perform and fulfil;

Whom failing and if he should not have subscribed such nomination, or should recal or cancel the same after being subscribed, then and in that case,

3d, To his own heirs-male,

Whom failing,

4^th, To his own nearest heirs and assignees whomsoever; With and under the provisions and limitations contained in the said Charter only, and no otherwise;------

All and Whole the Earldom of Winton, Lordship of Seaton, and Barony of Tranent comprehending the particular lands, teinds, burghs of barony, and others therein described, erected and incorporated by the said Charter into a whole and free earldom, lordship, and barony, called the Earldom of Winton, Lordship of Seaton, and Barony of Tranent.

Together with the title of honour and dignity of Earl of Winton, &c. with and under the provisions and limitations therein specified, and no otherwise.

And by the said Charter, His Majesty declared, that whensoever heirs-male of taillie and provision shall exist, according to the order above designed and expressed, under the provisions and limitations abovementioned, the heir of taillie for the time being should always bruick, use, and enjoy the said title, honours and dignities  of Earl of Winton, Lord of Seaton, and Tranent, with all precedencies, honours, arms, and dignities thereof, in the same manner as the said George Earl of Winton, Lord Seaton, and Tranent, now uses and enjoys, or any other of his predecessors did use or enjoy the same, without revocation and contradiction.

And which honours and dignities, His Majesty, by the said Charter, conferred on the first heir of entail, and failing him on the next heir of entail existing for the time, and in like manner upon the whole remaining heirs of taillie according to the order abovementioned, dispensing with all objections which can be moved against them in any manner then and for ever.

And

THAT upon the said Charter of Resignation, Novodamus, and Erection, the said George fourth Earl of Winton, Lord Seaton, and Tranent, was infeft in the said earldom, lordships, and baronies, and in the said titles of honour and dignities, conform to Instrument of Seisin in his favour, dated the 24^th day of December in the year 1688, and recorded in the particular Register of Sasines, Reversions, &c., for the Sheriffdoms of Edinburgh, Haddington, Linlithgow, and Bathgate, the 8^th day of February, in the year 1689.

AND I FURTHER SAY UNTO YOUR WISDOMS,

THAT I, the said Archibald Montgomerie Hamilton, of Skelmorlie and Bourtreehill propinquitt, Earl of Eglinton, am the only surviving lawful son and heir-male of the deceased Archibald Lord Montgomerie, Hugh, his only other son, having died in infancy;

WHICH Archibald Lord Montgomerie was the eldest lawful son and heir-male of Hugh Montgomerie of Coilsfield, twelfth and last Earl of Eglinton;

WHO was eldest lawful son and heir-male of Alexander Montgomerie of Coilsfield;

WHO was eldest lawful son and heir-male of Hugh Montgomerie of Coilsfield;

WHO was second lawful son and heir-male of the Honourable Colonel James Montgomerie of Coilsfield, Alexander, his only other son, having died without issue;

WHICH Colonel James Montgomerie was fourth lawful son of the said Sir Alexander Seaton of Foulstruther, afterwards Alexander Montgomerie, sixth Earl of Eglinton,---all the elder sons of the said Sir Alexander Seaton or Montgomerie, and their issue male, being now extinct;

WHICH Sir Alexander Seaton, afterwards Alexander Montgomerie, sixth Earl of Eglinton, was the third lawful son of the said Robert first Earl of Winton, Lord Seaton, and Tranent, by his Countess Lady Margaret Montgomerie, eldest daughter of Hugh Montgomerie, third Earl of Eglinton; the two elder sons of the said Robert first Earl of Winton, Lord Seaton, and Tranent, and their issue-male, being now extinct;

WHICH Robert first Earl of Winton, Lord Seaton, and Tranent, was father, first, of the said Robert second Earl of Winton, Lord Seaton, and Tranent, his eldest lawful sone and heir-male, who died without issue;

And also of

The said George third Earl of Winton, Lord Seaton, and Tranent, his second lawful son, and who was heir-male, and succeeded his said brother Robert second Earl of Winton, Lord Seaton, and Tranent, as third Earl of Winton, Lord Seaton, and Tranent, in virtue of the said Charter of Resignation and Novodamus, by King James the Sixth, in his (the said George the third Earl’s) favour, dated the 12^th day of May, in the year 1607;

WHICH George third Earl of Winton, Lord Seaton and Tranent, the immediate elder lawful brother-german of the said Sir Alexander Seaton, afterwards Alexander Montgomerie, Sixth Earl of Eglinton, was father of George Lord Seaton and Tranent, his second lawful son and heir-male, who predeceased his father, the elder son of the said George third Earl of Winton, Lord Seaton, and Tranent, who was also named George, having died in infancy;

WHICH George Lord Seaton and Tranent was father of the said George fourth Earl of Winton, Lord Seaton, and Tranent, his eldest son and heir-male;

WHO was father of George fifth Earl of Winton, Lord Seaton, and Tranent, his eldest son and heir-male, who was attainted, and incurred the pains of high treason, and died without leaving lawful issue;

And

THAT the said George fourth Earl of Winton, Lord Seaton, and Tranent, who was thus great-grandson in the male-line of the said Robert first Earl of Winton, Lord Seaton, and Tranent, died at the faith and peace of her Majesty Anne, Queen of Scotland, England, and Ireland;

And

THAT I am the great-great-grandson in the male line of Hugh Montgomerie, second of Coilsfield, who was the great-grandson of the said Robert first Earl of Winton, Lord Seaton, and Tranent, who was the great grandfather in the male line of the said George fourth Earl of Winton, Lord Seaton, and Tranent, and as such am the nearest and lawful heir-male general of the said George fourth Earl of Winton, Lord Seaton, and Tranent.

AND I FURTHER SAY UNTO YOUR WISDOMS,

THAT the said George fourth Earl of Winton, Lord Seaton, and Tranent, and all the heirs-male lawfully procreated of his body, being the only heirs entitled to succeed to the said titles of honour and dignities under the first substitution in the destination contained in the Charter of Resignation, Novodamus, and Erection, third and last before recited, dated the 31^st day of July 1686, and sealed the 12^th day of December 1688, and all extinct.

THAT all the heirs called, or that might have been called, under the power of nomination contained in the second substitution in the said Charter, dated the 31^st day of July 1686, preferably to the heirs-male general of the said George fourth Earl of Winton, Lord Seaton, and Tranent, have failed and are extinct;

And

THAT the succession to the said titles of honour and dignities of Earl of Winton, Lord Seaton, and Tranent, has opened up to the heirs called under the third substitution in the said Charter of Resignation, Novodamus, and Erection, third and last before recited, dated the said 31^st day of July 1686, and sealed the said 12^th day of December 1688, being the heirs-male general of the said George fourth Earl of Winton, Lord Seaton, and Tranent;

AND I, therefore, as nearest and lawful heir-male general of the said George fourth Earl of Winton, Lord Seaton, and Tranent, am now also the nearest and lawful heir-male of provision to the said George fourth Earl of Winton, Lord Seaton, and Tranent, under and in terms of the said third substitution contained in the said Charter, I favour of the heirs-male general of the said titles of honour and dignities and others therein contained;

And 

THAT I am of lawful age;

HEREAFTER I beseech your Wisdoms to serve and cognosce me nearest and lawful heir-male general to the said George fourth Earl of Winton, Lord Seaton, and Tranent, the great-grandson in the male line of the said Robert first Earl of Winton, Lord Seaton, and Tranent, who was the great-grandfather of the said Hugh Montgomerie second of Coilsfield, my great-great-grandfather; and also to serve and cognosce me nearest and lawful heir-male of provision to the said George fourth Earl of Winton, Lord Seaton, and Tranent, under and in terms of the third substitution in the destination contained in the said Charter, in favour of the heirs-male general of the said George fourth Earl of Winton, Lord Seaton, and Tranent, of the said titles of honour and dignities and others therein contained, bearing date the said 31^st day of July 1686, and sealed the said 12^th day of December 1688, and that by reason of the failure of all the heirs called by the first substitution in the said charter, and the failure of all the heirs called, or that might have been called under the power of nomination contained in the second substitution in the said Charter, preferably to the heirs-male general of the said George fourth Earl of Winton, Lord Seaton, and Tranent; and to cause your Clerk of Court to retour my service to Her Majesty’s Chancery, under the most part of your hands and seals, as use is.

ACCORDING TO JUSTICE AND YOUR WISDOMS ANSWER.

MONTGOMERIE HAMILTON EGLINTON.