Glencairn could not have any other idea or wish than that his title should descend in the male line. In 1498 he made a very accurate entail of his estates, putting his son in the fee, and reserving his own liferent. The son must then have been an infant, otherwise it would not answer to the age of his father and mother by any system of chronology. He begins with obtaining a charter of the 1st of June 1498, containing the lands of Finlaystoune Cuningham, to himself and his wife in conjunct fee and liferent. On the 16th of June he takes a charter of seven baronies, Kilmaurs, Finlaystoune, Kilmarnock, Glencairn, Reidhall, Hasselden, and Hiltoun, most of them holding ward of the Crown or of the Prince, and in two of them there were manor-places and fortalices. These are conveyed to himself in liferent, and to his son and his heirs-male in tailzie. Finlaystoune is excepted from this destination, because settled on Cuthbert and his wife in conjunct fee and liferent.

After Cuthbert took the title of Earl of Glencairn, there cannot be a question in what line he would have chosen to settle his lands, if the title went to heirs-general. But on the marriage of William his son, in 1509, he settles the baronies of Reidhall, and the castle and demesnes of Kilmaurs, to his son and wife in conjunct fee and liferent, and the heirs-male of the marriage, whom failing, to the heirsmale of Cuthbert. It is particularly provided in the charter, that the lands disjoined from the barony of Kilmaurs were only to be held separately during the lives of the son and his wife, but after their decease should be reunited, and held as one entire barony.

Some stress was laid by Sir Adam Fergusson upon a charter 1511, erecting certain lands in comitatum, to be held by Cuthbert and his wife in liferent, and by William, their son, and his heirs, in fee. Whoever reads this charter will see it does not relate to the present question. The object of it was to change the barony of Glencairn, which was before held in ward, or military tenure, to a blench holding, for the annual payment of a pair of spurs. This was of immense consequence to the family; and in order to make this grant available, Cuthbert, Marieta, and William, are all made

grantees, in respect of their several interests under the subsisting charter of 1498. But this was merely an accessory right, and did not change the entail in any sort, nor the succession of the family from the ancient investitures.

In 1614, (the succession had always hitherto gone to heirsmale,) the then Earl of Glencairn makes a long entail of his estates, calling to the succession many persons of the name of Cuningham, and the heirs-male of their bodies.

His son, in 1642, but five years after he had obtained the charter 1637 from King Charles the First, instead of altering the succession of his estates, and limiting them to heirsgeneral, as a man thinking that his estates went to heirsgeneral would naturally do, still continues them to the heirs-male, and passes a new charter under the entail of 1614. And thus it went on till 1670, when the second son of this Earl took up the title in prejudice of his grand-daughter.

I have delivered my opinion upon this case with regret. I must have much respect for the opinion of others more conversant with such subjects; and I know not any person to whose opinion, in a question of this nature, I should have more respect than for that of Sir Adam Fergusson, from my knowledge of his learning and judgment. I am sure he was convinced that he had a right to this Peerage; and this had much weight with me when I came first to consider the subject. I regret it in another point of view; for if the claim could have been sustained, there could have been no doubt that your Lordships would have had the benefit of the claimant's abilities and judgment in this House, by that election which his character would have secured to him; and if the opinion I have given be agreed to by the House, it will deprive your Lordships of much valuable assistance in one branch of your judicial authority.

The proposition which I have, upon the whole matter, to submit to your Lordships' consideration is, that Sir Adam Fergusson has shown himself to be heir-general of Alexander Earl of Glencairn, who died in 1670, but hath not made out the right of such heir-general to the dignity of Earl of Glencairn.

Which was agreed to by the House.

LIST OF WORKS

ON

HERALDRY, GENEALOGY, AND FAMILY HISTORY,

ON SALE AT THE PRICES AFFIXED, BY

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'Those Shop is well-known, or ought to be so, by all the true lovers of curious little old Smoke-dried Volumes,"

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Anglesey: The Trial in Ejectment (at large) between CAMPBELL CRAIG, Lessee of JAMES ANNESLEY (son and Heir of Lord Altham) and RICHARD EARL OF ANGLESEY, from Estates in the County of Meath, Ireland. Folio, half-bound. 6s. 6d.

1744

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PATERSON'S Genealogical Account of the FAMILIES OF AYRSHIRE, with a History of the County of Ayr. 2 vols. Roy. 8vo, bds. 40s. for 30s. 1852 EACH VOLUME of this work is COMPLETE in itself. The ARRANGEMENT being ALPHABETICAL, with FULL PARTICULARS of all the various FAMILIES therein, and an APPENDIX of curious illustrative documents, and notices of the state of the Parochial Registers, &c."

Ayr and Wigton: PATERSON'S History of the Counties of, and of the Families therein, Vol. III., containing CUNINGHAME. 12mo, boards. 18s. for

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1866

Baird Family: BAIRD (William, of Auchmedden), Genealogical Collections concerning the Sir-name of BAIRD and the FAMILIES of AUCHMEDDen, NewBYTH, and SAUGHTON HALL, Edited with Illustrative Notes by Smith. 4to. boards. 15s. for 8s. 6d.

1870 Balfour's (SIR JAMES, of Denmylne and Kinnaird, Lord Lyon King-at-Arms to Charles I. and II.) ANCIENT HERALDIC AND ANTIQUARIAN TRACTS. Edited, with an Introductory Notice and Notes, by JAMES MAIDMENT. 12mo, boards. 10s. 6d. 1837

"This Collection contains, amongst other articles, The Coronations of Alexander III., Robert II., and James the VI.-Treatise on Nobility.-Ceremonial at Royal Christenings.-Rydings of the Parliament.-Register of Interments and Funerals of Kings, Queens, and Dukes, together with the principal Scottish Nobility.— Countess of Lennox's Memorial.-Proceedings before the Privy Council on the Dispute between the Duke of Hamilton and Lord Douglas relative to the right of bearing the Scottish Crown at Royal Processions," &c. &c.

"Sir James Balfour, one of the happiest preservers of the Scottish Antiquities that ever lived."

Banks' (T. C.) THE DORMANT AND EXTINCT BARONAGE OF ENGLAND; or, An Historical and Genealogical Account of the Lives and most Memorable Actions of the ENGLISH NOBILITY who have flourished from the Norman Conquest to the year 1809, with the GENEALOGICAL and HERALDIC GLEAN4 vols. 4to, calf. £7, 7s. for 63s.

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1807-37

**" VOLUME FOURTH contains a very valuable Treatise, entitled 'Barones Rejecte,' being an Account of Individuals who appear to have held the rank of Barons, but who are NOT NOTICED by other writers."

Baronies by Tenure:-I. SPEECH OF LORD ST. LEONARDS in the House of Lords on the Claim to the BARONY OF BERKELEY.--II. A Review of the FITZWALTER DECISION of 1669 as relied upon in the Berkeley Decisions of 1861. In one vol. 8vo, calf. 68. 6d. 1861 Beatson Family: BEATSON's (Alexander John, of Rossend, Burntisland, Fifeshire) Genealogical Account of the Families of Beatson, with a Collection of Illustrative Documents. 4to, boards. 63s. 1860 **"IMPRESSION STRICTLY LIMITED TO SEVENTY COPIES for Private Circulation." The Author having died before the Copies were finished at press, the family did not allow many of them to get into circulation.

Belhaven : MINUTES of Evidence taken before the Committee of Privileges on the Petitions of Lieut.-Col. ROBERT WILLIAM HAMILTON and JAMES HAMILTON, claiming the Titles of Lord Belhaven and Stenton, in Scotland. Folio, stitched. 6s. 6d. 1874-75

Birnie of that Ilk: A Short Account of the Families of, and their Descendants, since the Loss of that Estate; as also of the HAMILTONS of Broomhill, and their Descendants, to the Purchase thereof by Master John Birnie; of his Matching with them and issue from anno 1473 to 1730, by JOHN BIRNIE. 4to (the ORIGINAL MANUSCRIPT in a fine old hand of write), with two engraved copies of the Family Arms. (Wants one leaf of the Index at end, but which is of little moment or value.) £6, 6s. Birnie and Hamilton: BIRNIE'S Account of the Families of BIRNIE and HAMILTON of Broomhill. Edited (from a transcript of a MS. in the possession of the Chancellors of Shieldhill) with a curious Prefaratory Notice by W. B. D. D. TURNBULL. 4to, boards.

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1838

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1622

***❝ A TRULY Valuable WORK, compiled from Official Records." Broun's (SIR RICHARD, "Secretary of the Committee of the Baronetage for Privileges") BARONETAGE, being a Genealogical Account of the Families forming the Sixth Degree of the Dignity Hereditary or High Nobility in the British Empire. 12mo, woodcuts, boards. 3s. 6d.

1844

Bruce of Kinloss: BRUCE's Remarks on Scottish Peerages; their Limitations by Patent or otherwise. 8vo, stitched. 1s.

1868

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1850

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1861

Campbells of Glenurchy: BOWIE's Genealogie of the Howss off Glenvrquhay. THE BLACK BOOK OF TAYMOUTH, with other Papers from the Breadalbane Charter-Room. Edited by COSMO INNES. 4to,-"PRINTED FOR PRIVATE CIRCULATION,"-plates and facsimiles. Boards. £30. 1855 Carrick Earldom: CARRICK (Dr. Andrew). Some Account of the ANCIENT EARLDOM OF CARRICK, to which are prefixed Notices of the Earldom after it came into the Families of DE BRUCE and STEWART. Edited by JAMES MAIDMENT. Sm. 8vo,-" ONLY SIXTY COPIES PRINTED,"-boards. 68. 1858 * "An interesting work, which will be found of considerable service to those engaged in the study of Scottish Peerage cases. Some important observations will be found in it on the curious point of the illegitimacy of the sons of the titular Kings of Ireland."

Crawfurd (GEORGE). The PEERAGE of SCOTLAND, containing an Historical and Genealogical Account of the Nobility of that Kingdom. Collected from Original Records, Charters, and Histories. Folio, old calf. 21s. 1716 "Crawfurd's work, as the FIRST PUBLICATION on the Peerage of Scotland, is deserving of great praise. It was compiled from Original Public Records, Charters, Family Papers, and the most approved Histories."

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LIVES AND CHARACTERS of the Officers of the Crown and State in Scotland, from the Reign of David I. to the Union of the Two Kingdoms, collected from Charters, Chartularies, Records, and Histories. Folio, old calf. 16s. 6d. 1736

**Compiled with all the candour and integrity of a faithful Historian." PEERAGE OF SCOTLAND: containing an Historical and Genealogical Account of the Nobility of that Kingdom.-CALDER'S (Curate, Edinburgh) Miscellany Numbers, relating to the Controversies about the "Book of Common-Prayer," Episcopal Government, the Power of the Church in ordaining Rights and Ceremonies, &c. In one vol, folio, old calf. 24s.

1713-16 Crawford and Lindsay Peerage: I. CASE OF JAMES EARL OF BALCARRAS, claiming the Titles, Honours, and Dignities of the Earldom of Crawfurd and older Barony of Lindsay.-II. ABSTRACT of the Claim.-III. ANALYSIS Of Evidence.-IV. SUMMARY or Abstract of the Chief Deeds.-V. SPEECHES of Counsel and Judgment. In all 3 vols. folio, and 2 vols. 8vo, stitched. 218.

1844-48

Crawfurd Peerage: MAXWELL ADAMS's Original Genealogical, Historical, and Biographical Particulars relating to the Illustrious HOUSE OF CRAWfurd and KilbIRNIE, including also a Succinct Account of the Persecutions and Abuses to which JOHN LINDSAY CRAWFURD, the Legal Claimant of the Titles and Immunities of these Ancient Families, has been subjected, &c. 4to, boards. 30s. for 7s. 6d.

1829

DOBIE'S (James, of Beith) EXAMINATION of the Claim of JOHN LINDSAY CRAWFURD to the Titles and Estates of Crawfurd and Lindsay in ANSWER to "THE CRAWFURD PEERAGE." 4to, plates boards. 10s. 6d. for 6s. 6d. 1831 Croke Family (Sir ALEXANDER, of Studley Priory, Oxfordshire). The Genealogical History of the CROKE FAMILY, originally called LE BLOUNT. 2 vols. large thick 4to, plates, and numerous Genealogical Tables. Boards. £4, 1823 *** PRINTED AT PRIVATE EXPENSE CHIEFLY FOR PRESENTS. Copies have been priced in some Booksellers' Catalogues at SEVEN GUINEAS.

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1784

Douglas and Angus: HUME's History of the House and Race of, Edited by RUDDIMAN. 2 vols. 12mo, bound. 42s. 1743

Douglas and Hamilton: MEMORIALS AND PROOFS for the DUKE OF HAMILTON and ARCHIBALD DOUGLAS of Douglas for the Succession to Estates and Titles. 4 vols. 4to, half-bound. 21s. 1766-67