Cassillis peerage, 1760-4

39
proximo Parliamento per nos et status ejusdem infra
hoc antiquum Regnum nostrum Scotice praedict.
tenen.
Consideration of the two claims was from various
causes deferred ; latterly, upon the application of
the Earl of March, who petitioned the House of
Peers for delay until access should be procured to
certain ancient writings preserved amongst the family
muniments, and which had, under authority of the
Court of Session, been sealed up.* Upon the 22d
day of January 1762, after a full discussion, the
following opinions were delivered: —
The Earl of Marchmont addressed the Commit-
tee in substance as follows. He observed that the
cause had been argued at great length. That it was the
single cause of Peerage that had come before the
House for half a century past, for the few causes
which had been determined since the Union, singly
related to matter of succession upon patents of
honour ; but this comprehended the constitution of
Peerages, and the general rule of descent. That
therefore there behoved to be great variety of opi-
nion, as some would found their judgment upon
the principles of the law of England, and others
would be influenced by a mixt notion of the laws of
both countries. That this case, however, must cer-
tainly be determined upon the general principles of
the law of the country where the case itself took
its rise. The case in general is, Whether the heir-
* See Appendix.