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 that he had never taken an active part against the Commonwealth (Cal. State Papers, Dom. 1656, p. 60). He remained a prisoner till January 1657, with the exception of three months' leave, granted in July 1655, for the purpose of visiting Scotland. He was released in 1657 on finding security in 20,000l.

After the restoration he endeavoured to redeem his losses by obtaining grants from Charles II, but without much result. He succeeded as second Earl of Airlie on the death of his father in 1666, and is frequently mentioned in the parliamentary proceedings of the reigns of Charles II and James II. At the revolution he declared for the prince of Orange, but for not attending the meetings of parliament he was in 1689, and again in 1693, fined 1,200l. Scots, which, however, were remitted, and his attendance excused, on account of his old age and infirmities. A like dispensation was granted to him in November 1700. He probably died in 1704, as on 31 July of that year his son David was served as his heir (, Retours to Chancery, sub anno).

Mark Napier says that in his youth Lord Ogilvy courted Magdalene Carnegie, the youngest daughter of David, lord Carnegie, and afterwards wife of Montrose; and tnat he was on his way to propose to her when, in fording a river, he was thrown from his horse; regarding the ducking as an unfavourable omen, he proceeded no further on that errand (Memoirs of Montrose, i. 66). He was, however, twice married: first to Helen Ogilvy, daughter of George, first lord Banff, by whom he had one son — David, who succeeded him — and four daughters; and, secondly, to Mary, daughter of Sir James Grant of Grant, the widow of Lewis, third marquis of Huntly, but by her he had no issue (, The Chiefs of Grant, i. 239).

 OGILVY, JAMES, fourth and first  (1664–1730), lord chancellor of Scotland, second son of James, third earl of Findlater, by Lady Anne Montgomery, relict of Robert Seton, eon of Sir George Seton of Hailes, Midlothian, was born in 1664. He was educated for the law, and was called to the bar on 16 Jan. 1685. He sat in the Scots parliament as member for Banffshire in 1681–2, and from 1689 to 1695. At the Conyention parliament of 1639 he made a speech in favour of King Jamesi and he was one of the five who dissented from the motion that the king had forfeited his right to the crown. Subsequently he took the oath to William and Mary, and in 1693 — according to Lockhart, by William duke of Hamilton's means (Papers, i. 52) — he was constituted solicitor-general, received the honour of knighthood, and was appointed sheriff of Banffshire. In January 1695-6 he succeeded James Johnston [q. v.] as secretary of state, and in the following year he, though secretary, sat and voted in parliament in accordance with the king's special directions. He supported the proceedings in the parliament of 1695 against Dalrymple and others responsible for the massacre of Glencoe, but on 23 July represented to Carstares that he had 'acted a moderate part in all this,' and in regard to it expressed his willingness 'to be ordered by his majesty as to the method of serving him as is my duty' (, State Papers, p. 258). On 28 June 1698 he was created Viscount Seafield, and appointed president of the parliament which met at Edinburgh on 16 July. On his arrival in Edinburgh on 9 July he 'met with a very great reception' (ib. p. 84). According to Murray of Philiphaugh, he presided 'very extraordinary well, both readily, boldly, and impartially' (ib. p. 383), and he did much to assist in carrying the policy of the king to a successful issue {ih. passim). From the beginning Seafield was opposed to the formation of the African company (letter to Carstares, ib. p. 314). His known antipathy to the enterprise aroused against him much hostile feeling in Scotland, and during the rejoicings in Minburgh, on the arrival of news regarding some advantage gained by the Scots against the Spaniards of Darien, his windows were broken by the mob (Marchmont Papers, iii. 210;, Short Relation, iv. 660). Argyll, disgusted by Seafield's attitude, contemptuously affirmed that there was in him 'neither honour, honesty, friendship, nor courage,' and said that if it were not 'lessening' himself to 'say it to a man who dares not resent it,' he would 'send him as much signed' (, State Papers, p. 494). He was appointed commissioner to the general assembly of the kirk which met in 1700, and on 24 June 1701 he was created Earl of Seafield. He retained his political influence after the accession of Queen Anne, and on 12 May 1702 was continued secretary of state, along with the Duke of Queensberry. The same year he was appointed a commissioner to treat for the union, and on 1 Nov. he succeeded the Earl of Marchmont as lord high chancellor. In 1703 he was appointed commissioner to the general assembly which met on 10 March. According to Lockhart, he at this time did 'assure