Page:Dictionary of National Biography volume 13.djvu/449

 forfeiture did not, however, extend to his issue, and his eldest son Gavin, who had not joined the royalists, and had obtained from his father a grant of the fee of the barony of Carnwath, received in April 1646 a charter under the great seal of the earldom of Carnwath, after he had paid a hundred thousand merks Scots on account of his father's life-rent. The fact that Gavin assumed the title has led Douglas, in the ‘Scotch Peerage,’ erroneously to state that the second earl had died before this, and has introduced also some uncertainty in the references to the Earl of Carnwath in contemporary writers. Thus, it was the son and not the father who, as recorded by Balfour, subscribed the covenant and oath of parliament on 31 July 1646 (ib. iii. 299), and is subsequently mentioned as taking part in the proceedings of the Estates. On 15 May 1650 an act was passed precluding the father—described merely as Sir Robert Dalyell—with other persons, from entering ‘within the kingdom from beyond seas with his majesty until they give satisfaction to the church and state’ (ib. iii. 14), but Charles II after his recognition by the Scots in 1651 took immediate measures to have him restored to his estates and honours (Acts of the Parliament of Scotland, vi. 604, 606, 614, 623). It was the father and not the son, as is frequently stated, who was the Earl of Carnwath taken prisoner at the battle of Worcester. On 16 Sept. 1651 he was ordered to be committed to the Tower (State Papers, Dom. Ser. 1651, p. 432). On 17 Dec. 1651 he was allowed the liberty of the Tower, to walk for the preservation of his health (ib. 1651–2, p. 67), and on 25 June 1652 liberty was given him to go to Epsom for six weeks to drink the waters (ib. 301). He died in June 1654. In 1661 a commission was appointed to inquire ‘into the losses and sufferings sustained by the deceast Robert earl of Carnwath, and Gavin, now earl of Carnwath, his sonne, during the late troubles’ (Acts of the Parliament of Scotland, vii. 237). By his wife Christian, daughter of Sir William Douglas of Drumlanrig, he had two sons, Gavin, third earl, and the Hon. William Dalyell.

[Balfour's Annals; Acts of the Parliament of Scotland, vols. v., vi., vii.; Spalding's Memorials of the Troubles; Nicolls's Diary; Gordon's Scots Affairs; State Papers, Dom. Ser., 1651–4; Robert Baillie's Letters and Journals; Guthrie's Memoirs; Douglas's Scotch Peerage (Wood), i. 311–12; Irving's Upper Ward of Lanarkshire, ii. 513–17.] 

DALYELL or DALZELL, ROBERT sixth  (d. 1737), was the eldest son of Sir John Dalyell of Glenae, Dumfriesshire, by his wife Harriet, second daughter of Sir William Murray of Stanhope, bart. He was educated at the university of Cambridge, and like his other relations was a zealous supporter of the Stuarts. On the death of the fifth earl of Carnwath in 1703 he succeeded him as sixth earl; but the property of Carnwath had previous to this been sold by the fourth earl to Sir George Lockhart, lord president of the Court of Session. His brother, the Hon. John Dalyell, who was married to a daughter of Viscount Kenmure, on learning of the arrival of the Earl of Mar in 1715 resigned his commission as captain in the army, and set off immediately to the earl's residence at Elliock, to give the news and obtain the co-operation of the other Jacobite nobles of the south of Scotland. On 27 Aug. the Earl of Carnwath attended the so-called hunting-match convened by the Earl of Mar at Aberdeen, and being summoned to Edinburgh to give bail for his allegiance he disregarded the summons. He joined the forces which, under Viscount Kenmure, assembled at Moffat on 11 Oct., and on the arrival at Kelso William Irvine, his episcopalian chaplain, on 23 Oct. delivered the identical sermon he had preached in the highlands twenty-six years before, in the presence of Dundee. On their arrival at Langholm on 30 Oct. a detachment of two hundred horse, divided into squadrons commanded respectively by Lords Wintoun and Carnwath, were sent forward in advance to hold Dumfries; but learning at Ecclefechan that it was strongly defended, information was sent to Viscount Kenmure, who determined to abandon the intended attack, and led his forces into England. The Earl of Carnwath and his brother, the Hon. John Dalyell, were both taken prisoners at Preston on 14 Nov. The latter was tried by court-martial as a deserter, but was able to prove that he had resigned his commission before joining the rebels. The earl, along with Viscount Kenmure and the other leaders of the southern rebellion in Scotland, were impeached on 18 Jan. before the House of Lords for high treason, when he pleaded guilty and threw himself on the mercy of the king. He was condemned, with the other lords, to be beheaded, but was respited, until ultimately his life was protected by the indemnity. He was four times married: first, to Lady Grace Montgomery, third daughter of the ninth Earl of Eglinton, by whom he had two daughters; second, to Grizel, daughter of Alexander Urquhart of Newhall, by whom he had a son, Alexander, who succeeded to the estates; third, to Margaret, daughter of John Hamilton of Bangor, by