Ancient and Modern

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A history of the earldom of Mar by the claimant J.F.E. Goodeve-Erskine, together with a report of the judgment given in the House of lords, 25th February 1875, on the claim of Lord Kellie to the earldom of Mar; and extracts from Acts of Parliament, royal charters, and other official documents proving his position.
 

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Page iii - Person, and Gov"ernment, and the Succession of the Crown in the Heirs of the late Princess Sophia, " being Protestants ; and for extinguishing the hopes of the pretended Prince of "Wales, and his open and secret Abettors...
Page 12 - The title, honour, and dignity of the Earldom of Sutherland, descended to Elizabeth, the wife of Adam Gordon, upon the death of her brother, John Earl of Sutherland, without issue, in 1514, as heir of the body of William, who was Earl of Sutherland in 1275...
Page 12 - I take it to be settled, and well settled, that " when no instrument of creation or limitation of honours appears, the presumption of law " is in favour of the heir male, always open to be contradicted by the heir female upon " evidence shown to the contrary. The presumption in favour of heirs male has it " foundation in law and in truth.
Page 17 - Erskine his heirs and assignees whatsomever, heritably and irredeemably " without any manner of reversion, redemption or regress whatsomever, the " eldest heir female and the descendants of her body excluding all other heirs " portioners and succeeding always without division through the whole course " of succession in all time coming, with and under the...
Page 19 - Scotland, has made out his claim, &c., to the honour and dignity of Earl of Mar in the Peerage of Scotland, created in 1565 ; that report thereof be made to the House.
Page 67 - We trust that the discussion in parliament will induce the judges to set bounds for themselves to the authority which they at present exercise with respect to contempt of court. Arbitrary authority of any kind is a dangerous possession, and is apt to grow by invisible accretions in the hands of its possessors ; it is only by the jealous supervision of those for whose ultimate benefit it is conferred, and by the wise self-restraint of those who wield it, that it can be prevented from degenerating...
Page 38 - In 1460 the ancient Earldom was treated by the King as extinct, for he created his son Earl of Mar.' Again : ' This undisputed admission of the extinction of the peerage by the Crown under six Sovereigns, and by six Lords Erskine in succession, from the death of Alexander in 1435 to the grant by Queen Mary in 1565, a period of no less than 130 years, must be looked upon as a settlement of the question which it would be dangerous to disturb.
Page xxxvi - HAVE GIVEN and GRANTED, and, by the tenor of our present charter...
Page 11 - ... creation of the dignity by Queen Mary. " The proceedings of the six earls to reduce the retour of 1588, by which the Earl of Mar was served heir to Isabella Douglas, Countess of Mar, seem to have stimulated his activity to obtain some further support to his claim of precedence. Accordingly, on the 22d January 1628, he procured no fewer than five retours finding him heir respectively to Donald Earl of Mar, to Gratney Earl of Mar, to Donald Earl of Mar, the son of Gratney, to Thomas Earl of Mar,...
Page 16 - In 1460 the ancient Earldom was treated by the King as extinct, for he created his son Earl of Mar.' Again : ' This undisputed admission of the extinction of the Peerage by the Crown under six Sovereigns, and by six Lords Erskine in succession, from the death of Alexander in 1435 to the grant by Queen Mary in 1565, a period of no less than 130 years, must be looked upon as a settlement of the question which it would be dangerous to disturb.

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