AiRLiE COMPLETE PEERAGE 73 17 17. James Ogilvy, {who, but for his attainder, would have been) Earl of Airlie, ^'c. [S.], s. and h. He having, v.p., when styled Lord Ogilvy, taken part in the Rising of 17 15, was attainted (") by Act, i Geo. I, cap. 43, 13 Nov. 17 15, but obtained a pardon in 1725, and returned home. He m., 6 Dec. 1730 (five weeks betore his death), Anne, da. of David Erskine, of Dun, co. Forfar. He d. s.p. 12 Jan. 1 730/1, at Edinburgh, ot the small pox, and was bur, at Holyrood. His widow »/., 3 Apr. 1733, Sir Alexander Macdonald, of Slate, Bart. [S.], and d. 27 Nov. 1735, "^^ Edinburgh, in her 27th year. He, who was titular 4th Lord Slate [S.], d. 23 Nov. 1746, at Bernera. 1 73 1. John Ogilvy, generally (at that time) considered (as not having been affected by his brother's attainder), to be Earl of Airlie, (o^c. [S.], br. and h., b. 1799. He took no part in the Rising of 1745. Under the Act of 1747 abolishing heritable jurisdictions, he was allowed ;^2,8oo for the bailieries of the Regalities of Aberbrothock, Coupar, and Brechin. He m. (cont. 5 Dec. 1722) Margaret, only da. and h. of David Ogilvy of Cluny. He d. 24 July 1761, at Cortachy, co. Forfar. His widow d. 1767. 1 76 1. David Ogilvy, styling himself Eakl of Airlie, ^c. [S.], but more usually (before 1783) styled (by the courtesy title of) Lord Ogilvy, s. and h., b. 16 Feb. 1725, at Cortachy. Ed. at Perth. On 3 Oct. 1745 he joined (Prince) Charles Edward, "the young Chevalier, " at Edinburgh with a Regiment of 300 men, mostly of his own clan. For this he was attainted by Act 19 Geo. II, cap. 26. He escaped after the battle of Culloden to Norway, whence he went to France, where he commanded a Regiment of Foot, called " Ogilvy's Regiment, " and rose to the rank of Lieut. Gen. in the French service. He procured a free pardon under the Great Seal, 30 Mar. 1778, and, returning home, obtained a confirmation thereof by Pari, in 1783, Act 23 Geo. Ill, cap. 94. He w., istly, (having eloped with her) Margaret, da. of Sir James Johnstone, of Westerhall, 3rd Bart. [S. 1700], by Barbara, da. of Alexander (Murray), 4th Lord Elibank [S.]. She was b. 30 Oct. 1724, and was so active in the Rising of 1745, that in June 1746 she was imprisoned in Edinburgh Castle, whence (in Nov.) she escaped to France, where she d. 1757, aged 33. He m., 2ndly, in 1770, Anne, 3rd da. (passing over his attainted father, who was never tenant in tail in possession) he could take the dignity, as by gift, directly from his grandfather. In the case of Airlie, on the other hand, the opinion given was that the statute " dedonis" had no application to Honours, and that the common law principle must prevail, i.e. that every heir, belonging to the same estate-tail as the attainted person, suffers from the attainder, whether descended from him or not ; it being only on the extinction of that estate-tail that the honours revive in favour of the representative of the next estate-tail. (") He was attainted as " James Ogilvie Esq. commonly called Lord Ogilvie. " For a Hst of the Scots peerages forfeited at this time, and after 1745, see Appendix E in this volume. V.G. II
