History of the earldoms of Strathern, Monteith, and Airth

222 HISTORY OF THE EARLDOMS OF
Proceedings < not at pi'esent/ If he cOuld establish that the
IN THE House
OF Lords. Eai'ldom of Monteith went to the ' heh's ge-
13th Aug. 1839. 1 , r 1 1 1 • • I • 1 1
neral, (and that was the view m which they
Speech of the ^ , . -^
Lord Advocate, wcre vcry much inclined to argue the case,) if
they could have successfully argued that the
Earldom of Monteith went to the heirs general,
instead of claiming the Earldom of Airth, they
might have claimed at the same time the Earl-
dom of Monteith ; and if they could have made
out their claim to the Earldom of Monteith, the
case would have been clear of all difficulty :
they might not only establish their claim to the
Earldom of Airth, but have embraced in the de-
cision the Earldom of Monteith. But they do
not claim the Earldom of Monteith ; and we need
not consider the right to that Earldom, except
as it is involved in the Earldom of Airth. But,
supposing that conceded, which I think the ab-
sence of that claim goes a long way to concede,
that the Earldom of Monteith was a male Dig-
nity, how is it possible to read this Charter of
1633, as supporting a claim under the grant to
William Earl of Monteith and his ' heirs general'
of the Earldom of Airth, and not his ' heirs
male,' the descent under that Patent being a
descent to 'heirs male?'
" Why, my Lords, in the first place, it begins
with a reference supposing the Charter of 1428
to be a Charter which either for the first time
created the destination, or truly expressed it ; it