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Updated: June 16, 2025
The title of Nithisdale, except for the attainder, would have descended upon the next heir, Mr. Maxwell of Carruchan. Secret History of Colonel Hooke's Negotiations, by himself, p. 175. London, 1740. Patten's History of the Rebellion, of 1715, p. 234. Service of the Earl of Eglintoun, as heir male of the Earl of Wintoun. Printed for the family. Extract from "Peerage Law by Riddell," p. 201.
It was afterwards deemed expedient by his friends to plead for him on the ground of natural weakness of intellect; "but," says a contemporary, "Lord Wintoun wants no courage, nor so much capacity as his friends find it for his interest to suggest." He was forward in action, and stimulated the military ardour of his followers, as they rushed with their ancient cry of "Set-on" to the combat.
Dun augured no good from this; but following till the Lord Wintoun had attended her to the end of the long painted gallery, where she stopped at the door that opened to her private apartments, he there awaited that nobleman's return, and inquired of him if the process against the protestant ministers had been rescinded.
They had done nothing there but remained idle near Hexham till, joined by a force raised in the Lowlands of Scotland by the Earls of Nithsdale, Carnwath, and Wintoun, the united army marched north again to Kelso, where we joined them. "We Scots soon saw that we had gained nothing by the change of commanders. Lord Derwentwater was ignorant of military affairs, and he was greatly swayed by a Mr.
The Clerk of the Crown ordered the Serjeant-at-arms to make another proclamation for silence; and amidst the stillness, the Lieutenant of the Tower brought in, amid an assembly of their compeers, his prisoners. Lord Wintoun was alone absent; for he had obtained a few days of delay. The Earl of Nithisdale pleaded guilty, with his companions in misfortune.
The successor of Lord Seaton, Robert, judged differently from his father, and accepted from James the Sixth the patent for the Earldom of Wintoun; distinguishing the new honour by a courage which procured for him the appellation of "Greysteel."
It was afterwards the place of meeting for the Jacobite nobles, and their adherents. Differing from many of his companions in arms, Lord Wintoun was a zealous Protestant; but without any regard to the supremacy of either mode of faith, it appears to have been a natural consequence of his birth and early associations that he should cling to the house of the Stuarts.
Judgment of death was then pronounced upon him, and the barbarous sentence which had been passed upon the Earl of Wintoun was pronounced; "to be hanged by the neck, but not till you are dead," &c.
Gentle in his address, affable, kind-hearted, Lord Carnwath had a natural and ready wit, and a great command of language, to which his English education had doubtless contributed. He was related by a former marriage between the families to the Earl of Wintoun, whose troop was commanded by Captain James Dalzell, the brother of Lord Carnwath.
The Viscount Kingston, next heir to the title of Wintoun, having expressed his objections to Lord Wintoun's legitimacy, the young man, in 1710, took steps to establish himself as his father's heir.
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