Attainted Noblemen of Scotland

After each of the attempts by James Stuart and his son, Charlie, to regain the throne, the English issued warrants (called “writs of attainder”) for noblemen who supported such cause. Because so many of these noble families are connected with Keith, and allied by marriage, I have included the following list of attained noblemen.

John Erskine, 11th Earl of Marr. His offered support of George I was met with rebuff, and so he accepted appointment by the Pretender as commander in chief of Scottish forces. Escaped with James to Italy where he served the pretender until 1721. Died in France in 1732.

William, 5th Earl of Nithsdale. Captured at Preston, Lancashire in 1715; tried in Jan 1716 at London, and sentenced to death with Earl of Derwentwater and Viscount of Kenmure on Feb 24th; was smuggled from the tower in women’s clothes on the 23rd. Having in 1712 given over his estate to his son, Lord Maxwell, just his honors were extinguished. Died in Rome, 1744.

George Seton, 5th Earl of Wintoun. Captured at Preston and sentenced to death, he escaped from the Tower of London and lived in Rome, where he died a bachelor in his 70’s, 1749.

James Livingstone, Earl of Linlithgow, succeeded also his uncle, George, Earl of Calender. Was married to Margaret, daughter of John Hay, 12th Earl of Errol, but left no male heir. The line of his daughter continued as Earls of Errol.

William MacKenzie, 5th Earl of Seaforth. Escaped to Spain, and returned to fight in the 1719 attempt to restore James Stuart to the throne. Was wounded at Glensheal, and carried off to escape with the Marquis of Tullibardine and the Earl Marischal. Received partial pardon in 1729. Died on island of Lewis in 1740.

James Carnegy, 5th Earl of Southesk. Escaped to France, where he died in 1729, but his wife, Lady Margaret, daughter of James Stuart, 5th Earl of Galloway, was supported by the crown.

Dalzell, Earl of Carnwath.  James and Sir Robert Dalzell were both taken prisoner at Preston. The latter was pardoned.

James Maule, 4th Earl of Panmure. Captured at Sherrifmuir, he was rescued by his brother and escaped abroad. His estates were the richest of all those revoked by attainder. Although James was twice offered restoration of his properties by the crown, he refused to take the required oath to the Hanovers, and died in Paris in 1723.

Kenneth, 3rd Lord Duffus. Escaped to Sweden, but later returned and placed in the Tower of London for taking part in the 1715 rebellion. In 1717 he was freed without having been tried, and then joined the Russian navy, where he served as flag-officer. Died before 1734.

William Gordon, Viscount of Kenmure. Captured at Preston. Tried and beheaded in early 1716.

James Seaton, 3rd Viscount of Kingston. Attainted, but died in 1726.

William Livingstone, 3rd Viscount of Kilsyth. Escaped the English, and died in Rome in 1733.

James Preston, Lord Dingwall, 2nd Duke of Dingwall. In 1711 was declared commander in chief of all the British forces at home and abroad. But, he supported the Stuart cause in the rebellion and was attainted. Escaped to France where he died at age 71, in 1745.

Robert, 5th Lord Balfour of Burleigh. Was sentenced to death for murder in 1710, but escaped. Joined in the rebellion and was attainted. He escaped again, and died in 1757.

James Lord Drummond, was attainted, but his estates saved when it was shown he had retired them in favor of his son in 1713. James escaped to France with the pretender. Later inherited title of Duke of Perth, which title passed to his son, also named James, upon his death in Paris, 1730. The son’s participation with Bonnie Prince Charlie, in 1745, lead to second attainder.

William Boyd, 4th Earl of Kilmarndock. Took part in the 1745 attempt of the Stuarts. Captured at Culloden, he was beheaded in 1746.

George McKenzie, 3rd Earl of Cromarty. Captured at Dunrobin in 1746, he was tried and sentenced to death. However, was released and pardoned by 1749, and died in London in 1766.

William Drummond of Machany succeeded as Viscount of Strachallan, Lord Maderty and Lord Drummond of Cromlix. Participated in the 1715 rebellion, but was not charged. Participated again in 1746, and was killed at Colloden. His wife was sent to prison for her part in the war, but later released.

Simon Fraser, 12th Lord Lovat. In 1715 was a supporter of the English King, and rewarded with properties and titles revoked from MacKenzie Fraser. But in the 1740’s he shifted allegience to the pretender, and received the rank of Duke of Fraser. His sons fought in the 1745, and Simon, now old and infirm, was later arrested, tried and executed.

Arthur Elphinston of Balmerinoch. An English military officer, he resigned to join the Stuart cause in 1715. Escaping after Sherriffmuir, he joined the French army. In 1733, his father obtained a pardon from the English crown, and Arthur returned to Scotland. In 1744, he  joined with Prince Charlie. Succeeding meanwhile to the title of Lord Balmerinoch, he was taken prisoner at Culloden, tried and beheaded.

Alexander, Lord Forbes of Pitsligo. Took part in the 1715, but no action was brought against him. After participating in the ’45, his titles were revoked. He died in 1762.

Lord William Murray, 2nd Lord Nairn, forth son of the Marquis of Athol.

Ogilvie, Earl of Airly. Having engaged in the ’45 escaped to France. His son, David Lord Ogilvie, received reversal of the attainder, and was restored to the titles in 1783.

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