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THE HOUSE OF LORDS
IN THE CASES OF THE
CASSILLIS, SUTHERLAND, SPYNIE,
AND GLENCAIRN PEERAGES.
(AS IT WAS ORIGINALLY ISSUED IN 1840.)
THE Reports included in this volume embrace the whole Scottish cases (excepting the Borthwick and Roxburghe Baronies) in which the rule has been recognised as absolute, that where no patent of creation exists, the presumption is in favour of heirs-male, unless it can be shown by competent evidence that the descent is to heirs-general.
In the Borthwick Peerage, where no patent could be found, the claimant was not the heir of line, but the heirmale of the body. The exclusion of the former from the title was never controverted, and the question was argued upon the assumption that the Barony was a male fief—the only point in dispute being, whether Mr Henry Borthwick had proved his pedigree, and this having been done, it was, 8th April 1762, adjudged that "the Petitioner hath a right to the title, honour, and dignity of Lord Borthwick, as heirmale of the body of the first Lord Borthwick.”
In the claim to the Roxburghe Barony, it was resolved, May 11, 1812, "That none of the persons claiming the Barony of Roxburghe have established any title thereto, it being the opinion of this House that as the said dignity might have been granted by letters patent to the grantee and a series of heirs, not so comprehensive as to carry the