DUNFERMLINE 533 July 1642; was with the King at Newcastle, July 1646, is'c. App. P.C. [S.] Sep. 1640, disabled 1648, reinstated 13 Feb. 1 660/1, sworn 22 Sep. 1664; an Extraordinary Lord of Session [S.], 1669 till his death, and Privy Seal [S.] 1671-72. He m. (cont. 29 Mar., 2 Apr. and 9 Nov. 1632) Mary, 3rd da. of William (Douglas), Earl of Morton [S.], by Anne, da. of George (Keith), Earl Marischal [S.]. She ^. at Fyvie about 1659. He c^. on or about 11 May 1672, at Seton House, and was /?ur. at Dalgety, aged about 56. [Charles Seton, siyki^ Lord Fyvie, s. and h. ap., i>. 13 June 1640, tJ. v.p., being killed in a sea fight with the Dutch in 1672.] III. 1672. 3. Alexander (Seton), Earl of Dunfermline, i^c. [S.], 2nd but 1st surv. s. and h., b. 12 June 1642, styled, v.p.. Lord Fyvie. He d. s.p., between 23 Aug. and 27 Oct. 1677, at Edinburgh, and was bur. at Dalgety. IV. 1677 4. James (Seton), Earl OF Dunfermline [1605] and to Lord Fyvie [1598] in the peerage of Scotland, next and 1690. yst. br. and h. He served abroad under the Prince of Orange, but, returning home, adhered to the cause of James II, being in command of a troop of Horse at the famous battle of Killiecrankie, 27 July 1689. For this he incurred " a decreet of forfaulture" by the Pari. [S.] of 1690, whereby all his honours hecTLvat forfeited. He followed King James to France, who is said to have made him K.T. He m. (cont. 6 July 1682) Jean, 3rd and yst. da. of Lewis (Gordon), 3rd Marquess of Huntly [S.], by Mary, da. of Sir John Grant, of Freuchie. He d. s.p., at St. Germaiu-en-Laye, 26 Dec. 1694,^) and with him the issue male of the grantee became extinct.^') His widow was living 4 Mar. 1694/5. (*) Not 1699, as in Diet. Nat. Biog. Macaulay says that the bigots who ruled James's Court at St. Germain " refused to the ruined and expatriated Protestant Lord the means of subsistence! he died of a broken heart; and they refused him even a grave" [Christian burial]. V.G. C') The issue male of Sir William Seton, the yst. br. o£ the 1st Earl, having apparently failed on the death of his two sons, the heir male of the grantee is, appar- endy, in the issue of Sir John Seton, the next elder br. of the Earl. Should there exist such heir he would be entitled " without any reversal of the attainder to the dignity of Lord Fyvie [S.], as the heir male of the substitute named in the charter of crea- tion," and with such reversal to the dignity of Earl of Dunfermline. See Hewlett, p. 141. If, however, the issue male of Sir John has failed, there remains but the eldest br., vix. Robert, ist Earl of VVintoun [S.], to whom, in 1840, the Earl of Eglintoun [S.] was served heir male general, though to whose Peerage dignities he did not establish his right. G.E.C. It is clear from the following extract from a letter of Capt. Straiton, the Jacobite agent to the Earl of Mar, dated 7-18 June 17 18, that there was someone then living
