Paper on the Mar peerage

being grandson only through a female. The charter being a
restoration to the heirs of Isabella before the new peerage was
created, naturally left the comitates to the old limitations,
and the words quoted from the Act of Parliament cannot be
held to determine a matter not then inquired into, when the
person obtaining the earldom was heir male as well as grand-
son through an heir female. There cannot be any doubt of
the Barony of Erskine going to heirs male under the pre-
sumption before mentioned, and the same presumption leads
me to consider that when John Lord Erskine was created Earl
of Mar, that earldom must be held to go with the barony to
heirs male.
Under theBe circumstances, my Lords, I consider that the
Earl of Kellie has made good his claim to the earldom of Mar
created by Queen Mary in 1565, and that there is not any
other earldom of Mar now existing. As for the title of Baron
Garioch assumed by the opposing Petitioner, there is not any
evidence before the Committee showing that the territorial
lordship of Garioch was ever recognised as a peerage barony.
Lord Chancellor (LORD CAIRNS)— My Lords, the con-
sideration of this case has given to me, as I know it has given
to those of your Lordships who have already spoken, very
great anxiety, and the case has stood over from time to time
in order that we might more perfectly acquaint ourselves with
the mass of documentary evidence which has been placed
before us. I have had the advantage of perusing the opinions
which have just now been expressed to your Lordships, and I
not myself propose to do more than to add one or two
sentences.
My Lords, I am of opinion that it is clearly made out that
the title of Mar which now exists was created by Queen Mary
some time between the 28th of July and the 1st of August in
the year 15C5. It appears to me perfectly obvious from every
part of the evidence that in the greater part of the month of
July, and before that creation, there was no title of Mar
properly in existence. And, my Lords, it appears to me that
the question and the only question in the case, and the question
which has caused, as I have said, great anxiety to myself in
the consideration of it, is whether that peerage so created by
Queen Mary should be taken to be according to the ordinary