Cassillis peerage, 1760-4

14
12th Feb. 1505.
30th March
1506.
28th Jan. 1506.
5th Feb. 1511.
20th July
1536.
Answers to the
first Proposi-
tion on which
the Earl of
March's Claim
is founded.
" nobis et successoribus nostris, &c. in feodo et
" heereditate, &c. secundum tenorem Antiquarum
" Infeodationum diet' terrarum eis desuper con-
"fect."
4. Charter in Favour of John Lord Kennedy,
of the Lands of Coif. " Tenend' diet' Joanni
" Domino Kennedy et hceredibus suis."
5. Charter in Favour of David, Son and Heir
apparent of John Lord Kennedy, of the Lands and
Barony of Leswalt. " Tenend' diet' David Ken-
" nedy et hceredibus suis."
6. Charter in Favour of the said David, of the
Lands of Mackwardstoun. " Tenend' diet' David
" et hceredibus suis."
7. Charter granting to David Earl of Cassillis,
Lord Kennedy, et "hceredibus suis," the Castle
and Barony of Cassillis, and Lands of Macmartin-
ston and others.
8. Charter to Gilbert Earl of Cassillis, of the
Lands of Balmacawell, which are thereby annexed
to the Barony of Cassillis, " Tenend' diet' Gilberto
" comite de Cassillis et hceredibus suis."
But that these Charters cannot avail the Claim-
ant, the Earl of March, in his Argument with re-
spect to the Settlement of the Family Estate, will
appear from the following Considerations.
1. As the Charter in favour of David Kennedy,
in 1501, expressly specifies, That the Estate is to
be holden by his Heirs, secundum tenorem anti-
quarum infeodationum eis desuper confect. it can
only be understood to mean the Heirs of the former
Investitures, which are proved to have been in
Favour of Heirs Male only.