History of the earldoms of Strathern, Monteith, and Airth

234
HISTORY OF THE EARLDOMS OF
Proceedings that ; but ou referring to that Charter of the lands
IN THE House '-'
OF Lords. of Cravnis you find the heirs mentioned are the
13th Aug. 1839. .
s eechofthe ^eirs male, ' hseredibus suis masculis.' How do
Lord Advocate, j^y learned friends get out of this difficulty, for
I think they saw it ? It is plain, from the long
argument, both to-day, and when the case was
opened, that they were aware of it. They say
there must have been another grant ; that this
Charter of Craynis was not a grant of the Earl-
dom of Monteith, only a grant of certain lands ;
and that there must have been a separate grant
of the Dignity, which they say is lost ; that this
is not the first erection of the Earldom. Their
observation is quite true : there must have been
a separate grant of the Earldom of Monteith,
and that grant is lost, or at least has not yet
been found ; but tliis grant is to Malise Earl of
Monteith, of certain lands which had originally
constituted part of the Earldom ; it creates lands
anew into an Earldom in favour of Malise and
his heirs male. It is quite true that there must
have been a separate grant of the Honour ', and
probably a separate grant of land. Whether there
was a grant of the Honour separately from a
grant of land cannot be ascertained ; but this is
a new erection of certain lands which formed a
1 It is to this supposed separate grant of the lands, and
not to the Charter of the lands of Craynis, that the Patent of
1633 is presumed by the Claimant to refer.