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That it was given to him in feodum masculinum ;
That failiering of Heirs male it should return to
the Crown. But none of thir four Charters have
this Condition, neither is ther any record thereof
in the Register, unless it hath been shifted. Yet
always it appears to have been so given, seeing
his Brother procreat of that marriage, Walter
Earle of Atholl, had his Earldome on that condi-
tion to him and his heirs male, whilk failling to
return to the Crown. This Earl David dyed
without Heirs male, leaving a Daughter marryed
to Patrick Graham, second son to the Lord Gra-
ham, who was slain by Malcolm Drummond of
Concraig, leaving a son Malisse, from whom King
James the first, finding the patrimony of the Crown
much impaired, Recognosced the Earldome be
reason of the foresaid condition of Tailie, Giving
to him the lands of Monteath, whilk he and his
posterity bruiked since, till of late William Earle
of Monteath intending to pursue for his restitution
to the Earldome, Obtained his Ma ties favour for that
effect, and licence to pursue so far as he might of
law. Whilk how dangerous and prejudicial it is
to his Ma~tie, the publick peace and state of the
Country, if this Earldome twice publickly an-
nexed to the Crown by Parliament, be suffered to
be evicted from the Crown again by Monteath his
pretence of Right of succession to David Earle of
Straitherne.

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