History of the earldoms of Strathern, Monteith, and Airth

224
HISTORY OF THE EARLDOMS OF
OF Lords.
13th Aug. 1839
Speech of the
Lord Advocate.
PaocEEDiNGs ferred to a particular and limited class of heirs ^
IN THE HOUSK i
the Charter of the lands of Craynis will receive
an explanation from the reference.
" It is quite clear that this reference to Earl
Malise could mean only Earl Malise and ' his
heirs,' whether ' heirs of line,' or * heirs male,'
to whom the grant was made in that Charter,
The supposition I now state is, that they were
not 'heirs of line,' but 'heirs male.' Now, be-
fore referring to the former grant, by which the
Honours were given to his heirs male^ the Crown
goes on with a recital of his former services ; and
being desirous to reward him, says : — ' We,
wilhng to erect the lands and barony of Airth,
to the said Earl heritably belonging, into a free
Earldom, with the title and dignity of Earl of
Airth, in manner hereafter mentioned ; there-
fore have erected, and by the tenor of the pre-
sents do erect, for and in favour of the afore-
said William Earl of Monteith and of his heirs,
the lands and barony of Airth aforesaid, into
1 The Charter by which the personal Earldom of Mon-
teith was created to Earl Malise is not extant; and (for the
reasons already stated) there are the strongest grounds for
supposing that that Dignity was granted, not to heirs male,
but to heirs general. The destination of the lands of Craynis
is so clearly expressed, that it does not require any ex-
planation from the previous grant of the personal Dignity.
^ There is no former grant by which the Honours were
granted to heirs male : the Charter conferring the Dignity
is not extant.