Cassillis peerage, 1760-4

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an Earldom or Lordship, with the Dignity of Earl
or Lord, to the Grantee, with such Limitations of
Heirs as the King pleased. The other was by a
Solemnity of Creation performed in full Parliament,
per Gincturmn Gladii, and other Ceremonies ; and
an Entry of this Creation was made in the Rolls of
Parliament.*
This being premised, the following Propositions
are submitted in support of the Earl of March's
Claim, as founded upon his Right, by Descent and
Lineal Heirship, to the Titles of Earl of Cassillis
and Lord Kennedy.
1. That these Titles were originally established
by Creation in Parliament, without any Patent or
Grant expressing any Limitation of the Descent of
the Honour.
The Proof of this is, that the Lands of Cassillis
were not erected into an Earldom till 1642, in which
Year there is a Charter uniting and erecting them
into an Earldom. The older Charters convey no
Dignity, but merely the Lands. Patents of Honour
• Sir George M'Kcnzie, in his Treatise of Precedency, c. 8, men-
tions Peerages by feudal Erection, and by Patent of Honour ; and
adds, " A third Way of Nobilitating with us is by Creation and
" solemn Investiture," and then mentions the Form used in the Crea-
tion of the Marquisses of Hamilton and Huntly.
This Method of Creation is mentioned in an Entry in the Parlia-
ment Rolls of the Creation of Patrick Lord Sales to be Earl of Both-
well in 1487, " Ipsumque Dominum Patricium in Comitem creavit, et
" Comitis Titulo decora vit per prsecinctionem Gladii, ut mos est, ita
" quod ipse, et sui heredes, pro perpetuo futuris temporibus Comites
«• de Bothwell vocentur, Comitisque dignitate fulgeant." The Entry
of the Creation of a Peer is seldom so full as this, for commonly it is
but a note of the Creation ; as in the Lord Hume's Case, the Entry is
only in these Terms : — " 2 Augusti 1473, Quo die, Alexander Hume,
" de eodem Miles, factus fuit Dominus Parliaraenti."