The Earldom of Mar in Sunshine And in Shade During Five Hundred Years. With Incidental Notices of the Leading Cases of Scottish Dignities From the Reign of King Charles I. Till Now Yr.1942

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v.
the year 1565. It appears to me perfectly obvious from every part of the evidence, that in the greater part of the month of July, and before that creation, there was no title of Mar in existence." The objection thus so forcibly pointed against and driven home, as has been supposed, to the heart of the argument for the heir-general — not as a claimant, but in defence against Lord Kellie, is the result, I must be allowed to say, with all respect, of either simple ignorance of or unaccountable
...inad- vertence to a fact abundantly proved by Lord Hailes in the Additional Sutherland Case, and upon recognition of which the repudiation by the House of Lords of the plea of the Suther- land heir-male, grounded on precisely the same theory as Lord Kellie's, necessarily, in part, depended. This fact is, that as regards feudal or territorial earldoms, whether in the case of the original grants or of succession by an heir to one previously holding the dignity, the title of honour could not be, and practically never was, assumed by the grantee in the former, or the heir in the latter case, till the formal investiture or seisin in the fief had been completed, or the heir had been duly served and retoured heir to his predecessor, with concurrent payment of livery and fees to the Eoyal Exchequer.

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