History of the earldoms of Strathern, Monteith, and Airth
(234) Page 206
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206
HISTORY OF THE EARLDOMS OF
Proceedings personal Eai'ldom of Monteith, and tliat it was
IN THE House
OF Lords. destined to a different class of heirs from those
1- J o- to which the Earldom of Airth was destined, I
Speech of Sir
Harris Nicolas, submit that the circumstancc could have no
operation whatever upon the specific grant of
the Earldom of Airth to WilHam Earl of Mon-
teith and his heirs. The sole object of the Patent
was to create the Earldom of Airtli. In con-
struing that Patent, the manifest intention and
only object of the Crown must be kept constantly
in view ; and consequently all which bears upon
the creation of that Dignity is of great import-
ance. With respect to the meaning of the two
clauses of creation and limitation of that Title,
there cannot, I humbly presume, be a doubt.
The destination is of the most simple descrip-
tion, and it is expressed in terms which are
wholly free from ambiguity. Those clauses are
perfectly consistent with eacli other. They are
consistent also with every other line of the in-
strument ; with the object of the Crown ; and
with all the circumstances under which the grant
was made.
" Whether the Earldoms annexed were per-
sonal or territorial, or both, I must be allowed
to repeat that it was not the new Earldom of
Airth which was annexed to the old Earldom of
Monteith ; but the old Earldom of Monteith
was united to the new Earldom of Airtli; hence,
if the grant had any effect upon the Earldom
HISTORY OF THE EARLDOMS OF
Proceedings personal Eai'ldom of Monteith, and tliat it was
IN THE House
OF Lords. destined to a different class of heirs from those
1- J o- to which the Earldom of Airth was destined, I
Speech of Sir
Harris Nicolas, submit that the circumstancc could have no
operation whatever upon the specific grant of
the Earldom of Airth to WilHam Earl of Mon-
teith and his heirs. The sole object of the Patent
was to create the Earldom of Airtli. In con-
struing that Patent, the manifest intention and
only object of the Crown must be kept constantly
in view ; and consequently all which bears upon
the creation of that Dignity is of great import-
ance. With respect to the meaning of the two
clauses of creation and limitation of that Title,
there cannot, I humbly presume, be a doubt.
The destination is of the most simple descrip-
tion, and it is expressed in terms which are
wholly free from ambiguity. Those clauses are
perfectly consistent with eacli other. They are
consistent also with every other line of the in-
strument ; with the object of the Crown ; and
with all the circumstances under which the grant
was made.
" Whether the Earldoms annexed were per-
sonal or territorial, or both, I must be allowed
to repeat that it was not the new Earldom of
Airth which was annexed to the old Earldom of
Monteith ; but the old Earldom of Monteith
was united to the new Earldom of Airtli; hence,
if the grant had any effect upon the Earldom
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Histories of Scottish families > History of the earldoms of Strathern, Monteith, and Airth > (234) Page 206 |
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Permanent URL | https://digital.nls.uk/94882650 |
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Description | A selection of almost 400 printed items relating to the history of Scottish families, mostly dating from the 19th and early 20th centuries. Includes memoirs, genealogies and clan histories, with a few produced by emigrant families. The earliest family history goes back to AD 916. |
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