Page:The Complete Peerage Ed 1 Vol 7.djvu/283

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STRATI! A L LA N . •281 James Piiu.m.mond of Maclinny Ul, July 1G75), s. and h. of the Hon. Sir John DnuM- >msi>, also uf Machany between Ml IS and 1660), yr. hr. of John, 2d Lord Madeuty [S.], the father of the 1st Viscount. He mu 6. 1 fifiO, and, notwithstanding (apparently] the forfeiture of hie fe,ther,(*) sue. to iIid pierage [S.] 20 May 1711, under the spec, rem. in the ereatioii of that, dignity, tho' " he forbore to take the oath to Govern- ment or [to] vote at Peerage elections."^ 1 ) He was one of the first to engage in the Rising of 1715, and was taken prisoner at the battle of Slleriffffioir, hilt, not being prosecuted, be came under the act of grace of 1717. In tin' Rising of 1745, however, he joined Prince Charles, during whose march to England, he was Com. in Chief of the forces in Scotland; taking part in the defeat of Qeneral Hawloy.(') at Falkirk, 17 Jan. 1745/6,and being in command at Culloden, where he was slain, 14 April 1746, aged 56, An act was passed shortly afterwards (wherein he was descrihed() as Vi$counl StrflMafton ") declaring that, unless he surrendered himself before 12 July 1740, he should he held as attainted from the 18 April previous ; as, however, he died before the date of such proposed surrender, this act was apparently inoperative. Hew. (contract 1 Nov. 171-') Margaret, 1st da. of William (MiiuiAY), Loud NaIRNe [3.], by Margaret, silo jure BaROKESS NaIRNe [S ] She, who, for her active support of Prince Charles, was imprisoned from 11 Feb. to 22 Nov. 1746, in Edinburgh Castle, d. at Macbauy, 28 May 1773. V. 174G, 5. James (Puummoxd), Viscount Strathallan, Lord April Madkrty, and Loud IMujimond ok Cuo.mlix [8.1 1st s. and b. ; 6. 14 to 1 S. about 1716 , joined (with bis father) in the Hieing of 1745, and HI (with him) included in the same act of attainder (being therein described as "Janice Druuimond, Ksi|., 1st s. and b. ap.( J ) of William, Viscount of Stiathallan") and was, consequently, f.ot having surrendered before 12 July 1746, held as attainted from IS April 1746, whereby the peerage [Si] to which he had sue. (but 4 days previously) 14 April 1740 became forfeited.^) Be m. in or before 1752, Euphemia, da. of Peter Gordon, of Abergeldie, co. Aberdeen, by his third wife, Margaret, du. uf Sir George Fotxis, Bart. [S] He el. 22 June 1765, at Sens, in Champagne. His widow d. at Machany, 5 July 179G. ( a ) This, of course could he explained " according to the English law of treason, as exemplified in the case of Atholl &C, by the decease of his [attainted] father, before the opening of the Strathallau succession to him in 1711, but that law did not then prevail with us" [" Biddell " p. 713], but Sir John and others were "forfeited" miller an Act of Tai l. [S.], 11 July lu'90, enacting that " their blood be tainted . . . sua that their posterity mat/ never be able hereafter to brook or jousc any honovrs " &c., and this William was never pardoned or restored. Riddel! further states [16. p. 75b'J 1 think it may he held that in 1711, both the Strathal/au and Madcrty honours became forfeited in the person of William Druunnond, son of the traitor," remarking that the designation of the said William, as Viscount Strathallau, in the act of 1746, is "not conclusive," and quoting the case of the Viscouutcy of Oxeufurd in the ISth, and the Cassillis's hi .lours in the 17th century. ( b ) " RMcU." ( c ) There were many Jacobite songs as to the encounters of llawley with the Uriimmonds. He appears to have wreaked his vengeance by plundering and destroying the castles of his enemies, while they were fighting at Cullodeu. I; Up and riu awn, Hawley . . . Fierce the wind does blaw, Hawley, Highland Georgie's at your tail, With Drummond, Perth, and a', Hawley." " Highland Georgie " represents Lord George Gordon. ( d ) Notwithstanding that Viscount William was then dead and that James, called (herein his son and heir apparent, was then actually Viscount Strathallan. The parties meant by the act were clear, so that the misnomer did not hinder the ('fleet, according to the decision of 1 790, and tho' it might not affect William, as it Bright be presumed that he would have surrendered before 12 July 174ti, bad he lived, it affected James, who was then living, and who did not so surrender. (°) See list of Scotch peerages forfeited in the Rising of 1745 in vol, iii, p. 393, note a," sub " Forbes o£ Titaligo."