TABLE OF THI DAV GILE GILB GILBERT, Fourth Earl of Cassillis, Eldest Son, died in ands Heir of Gilbert, Third Earl of Cassillis, his Father, 16tome ohn, 1. Retour12th Earl John, his Uncle, 21st January 1623. 2. Retour by Earl Gilbert, his Grandfather, 25th January 1623. Bro d in JOHN, Lord Kennedy, died before his Father in 1700. her, ment between John Lord Kennedy, and Earl John, Elizabeth Lady Kennedy, 5th September 1698. 2. 11th November 1698. JOHN, Eighth Earl of Cassillis, died in 1759. Retour Ken ald, ean, tour her, SIR cla Fa Ja Claims to Scotish Peerages. I. EARLDOM OF CASSILLIS--1760-64. UPON the death of John, eighth Earl of Cassillis, in August 1759, his estates devolved, by virtue of a deed of entail executed by him on the 29th day of March preceding, on Sir Thomas Kennedy of Culzean, Bart., the nearest heir-male of the family; but his right was unsuccessfully contested by William Earl of March and Ruglen, grandson of Lady Anne Kennedy, Countess of Ruglen, daughter of John, the seventh Earl of Cassillis, the heir of line. The case was given in favour of the heir-male by the narrowest majority in the Court of Session, and the decision was affirmed by the House of Lords. The Earl of March, assuming the title of Cassillis, presented a petition to the King, claiming the honours, and Sir Thomas Kennedy made a similar application. Both applications were laid before the House of Peers on the 31st March 1760, and the following Cases were thereafter submitted by Sir Thomas and the Earl to the consideration of their Lordships. I-THE CASE OF SIR THOMAS KENNEDY (CLAIMING THE TITLE, HONOUR, AND DIGNITY OF) EARL OF CASSILLIS. The Title and of Cassillis conDignity of Earl ferred on the GILBERT KENNEDY, Grandson of Robert III. King of Claimant's An Which descends as a Male Fief. Ancient Investitures of the Male. 2d Nov. 1404. Gilbert Lord Kennedy, was created Earl of Cassillis by King As Patents of Honour were not introduced till long after, in the Reign of James VI., these Dignities were conferred by the Sovereign himself in Parliament, without any Writ limiting the Descent of the Honours, or any mention of particular Heirs; and as Service in Parliament, Fidelity, and Homage were due in consequence of the Dignity thus conferred, so they have been always understood to be governed by the Rules of the Feudal Law, and to descend uniformly to the Heirs Male of the Person first ennobled, unless Heirs whatsomever, or Heirs Female, were specially and particularly called to the Succession. The Estate and Barony of Cassillis, before the Creation of David the first Earl of Cassillis, in 1509, as aforesaid, appears by the following Grants to have been limited to Heirs Male only. By a Charter in 1404, Robert III. King of Scotland Estate of Cas- granted the Lands and Estate of Cassillis and others, in the sillis to Heirs County of Air, to Sir Gilbert Kennedy, and to James Kennedy, his Son, and the Heirs Male of his Body; which failing, to Alexander Kennedy, his Brother, and the Heirs Male of his Body; which failing, to four other Brothers successively, and the Heirs Male of their Bodies; which all failing, to the Heirs Male whatsoever of Sir Gilbert, their Father. 28th Jan. 1405. 2d Aug. 1450. 13th Feb. 1450. And King Robert made a Grant in favour of the said James Kennedy, then married to Mary Stuart, his Daughter, whereby he and his Heirs Male are appointed "the Head of "the whole Tribe in all Questions, Articles, and Affairs that "could pertain to the Kenkynol," or Head of the Tribe. These two Charters in favour of James Kennedy were, of this Date, confirmed by two Charters granted by King James II. Who, of this Date, granted a Charter of the said Lands and Estate of Cassillis and others, in favour of Gilbert Kennedy, Son of the said James Kennedy, and Grandson of King Robert III., and the Heirs Male of his Body; which failing, to Thomas Kennedy of Kirkoswald, and his Heirs Male; which failing, to Gilbert Kennedy, David's Son, and his Heirs Male; which failing, to the remanent Persons named in the ancient Charters of the Estate. By other two Charters of the same Date, King James granted the Lands of Dunnure and Castle thereof, and other Lands, and also the Custody of the Castle of Lochdune, and Lands thereto belonging, to the said Gilbert Kennedy, and his Heirs Male. And by a fourth Charter of the same Date, King James appointed the said Gilbert Kennedy, and his Heirs Male, to be the Head of the whole Tribe, and granted to them the heritable Office of Bailie of the Earldom of Carrick. By a Charter in 1501, King James IV. granted the Lands 17th Feb. 1501. and Baronies of Cassillis and Denure, and others, to David Kennedy (soon after created Earl of Cassillis), upon the Resignation of his father, John Lord Kennedy, "Tenen' et "habend' omnes et singulas prædict. terras, &c. dicto David Kennedy, et hæredibus suis de nobis et successoribus nostris, &c. in feudo et hæreditate, &c. secundum tenorem antiqua"rum infeodationum dict' terrarum eis desuper confect." The said David, created Earl of Cassillis in 1509, was succeeded in his Estate and Honours by his Son Gilbert, the second Earl of Cassillis, to whom succeeded his Son Gilbert, the third Earl of Cassillis, who, in 1540, obtained a Charter 6th Feb. 1540. from King James V., granting the whole Estate and Barony of Cassillis, and other Lands therein mentioned, to him and the Heirs Male of his Body; which failing, to Thomas, his Brother, and the Heirs Male of his Body; which failing, to David, Quintin, Archibald, Hugh, and James Kennedy, his Brothers, successively, and the Heirs Male of their Bodies; which failing, to James and Thomas Kennedy, his Uncles, successively, and the Heirs Male of their Bodies; which failing, to Hugh Kennedy of Girvain Mains, to William Kennedy of Glentig, to Alexander Kennedy of Bargeny, and to James Kennedy of Blarquhan, successively, and the Heirs Male of their respective Bodies; which failing, to the lawful and nearest Heirs Male whatsoever of the said Gilbert Earl of Cassillis, bearing the Name and Arms of Kennedy; which all failing, to his nearest and lawful Heirs Female what somever. |