History of the earldoms of Strathern, Monteith, and Airth

96 HISTORY OF THE EARLDOMS OF
^lit^'Jl^V.^T when it was necessary to ascertain who were the
SEVENTH il/ARL J
less*"*^"^"' ^^^^'^^ really intended by the maker of a Settle-
ment, or who was the person entitled to succeed
in the character of ** heir of provision," the
word "Ae?r" has not always retained its usual
signification. But (as has been observed by the
highest authority), there is no analogy between
heirs of provision^ under the destination of a
private individual, claiming lands or heritages,
and heirs under a Patent of Honour, whereby
the blood of the grantee is ennobled, which has
no necessary connection with the investitures of
the lands from whence the Title was derived,
and where the terms of the instrument itself
must govern the descent.^
In this case (supposing even that it were
proved that the Earldom of Monteith was des-
tined to heirs male) the instruments are not the
same. Different lands were erected into a dif~
ferent territorial Earldom; and a different per-
sonal Earldom, with a different Title, was created
in favour of an individual who had inherited
another Earldom, as well territorial as personal.
That the annexation of those lands was not
attended by any effect on the Honours, is shown
by the severance (which will be again noticed)
of the lands from the Dignities.
If any evidence were wanting to prove that
1 Vide the Opinion of Lord President Blair, in a sub-
sequent page.