Reports of claims preferred to the House of Lords in the cases of the Cassillis, Sutherland, Spynie, and Glencairn peerages

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ing that his title went to heirs-general would natu-
rally do, still continues them to the heirs-male, and
passes a new charter under the entail of 1614. And
thus it went on till 1670, when the second son
of this Earl took up the title in prejudice of his
grand-daughter.
I have delivered my opinion upon this case with
regret. I must have much respect for the opinion
of others more conversant with such subjects ; and
I know not any person to whose opinion, in a ques-
tion of this nature, I should have more respect than
for that of Sir Adam Fergusson, from my knowledge
of his learning and judgment. I am sure he was
convinced that he had a right to this Peerage ; and
this had much weight with me when I came first to
consider the subject. I regret it in another point of
view ; for if the claim could have been sustained,
there could have been no doubt that your Lordships
would have had the benefit of the claimant's abili-
ties and judgment in this House, by that election
which his character would have secured to him ; and
if the opinion I have given be agreed to by the
House, it will deprive your Lordships of much va-
luable assistance in one branch of your judicial
authority.
The proposition which I have, upon the whole
matter, to submit to your Lordships' consideration
is, that Sir Adam Fergusson has shown himself to
be heir-general of Alexander Earl of Glencairn, who
died in 1670, but hath not made out the right of
such heir-general to the dignity of Earl of Glen-
cairn.
Which was agreed to by the House.