Page:The Complete Peerage Ed 1 Vol 5.djvu/371

MORDAFNT— MORDINGTOX. 3G9 II. 1G75. 2. Charles (Moihmuxt), Viscount Mordaust of Ava- lox, and Baron Mordai - nt ok Rtsoatk, a, and h., S. about- 1658; sue. to the pcerar/e, 5 June 18?5. Ha waa cr. 9 April 1689, EARL OK MONMOUTH ; .inc. 19 June 1697, ns :3d EARL OK PETERBOROUGH, on the death of his cousin the 3d Earl, and sue. 16 Nov. 170.". as LORD MO RD AC N'T (a Barony ». 1529), on the death t if his cousin, the Oneness of Norfolk. See " PgTKBBOROUGH " Earldom, cr. 1628 {suit the 3.1 Karl), with which Earldom all his dignities (save the Barony of Mordannt of 1529] became extinct in 181 1, MOBDEN. Tlie patent for tlm creation of the Uotr. Charles Yorke, Lord Chancellor (for three days) as Baron Mukden (Royal warrant, IS Jan. 1770), was awaiting his signature on the table before which he was found dead./) MORDIXGTON. Barony [S.] J, Rut Wii.uam DOUGLAS, of Mortliugton, co. Berwick, j C> 2d s - Si William, E.uu. ok AitGUa [S], by Elizabeth, 1st da. of I t |' (> Laurence (Oliimiant), Loud Oliphant [S.], having m. his cousin, irecedencv •^ mK '- °"'y iU "' of Laurence (Oliphast), Loud Ouphaxt [S.] ofl4S6f (grandson and h. of the abovenamed Laurence), by Lilias, da. of 11 ' James (DrummondI, 1st Lord Madkiity [S ]. claimed in right of his said wife (as heir general of her father who had il. in or before 1631) the Barony of Oliphant [S ] as against the heir male. It was, however, found by the Court of Session, 11 July 168S, that the late Lord having resigned his peerage (so as to favour the collateral heir male) anil no regrant thereof having been made "had denuded himself and his descendants of the dignities " till the King should declare his pleasure therein.! 1 ') The King accordingly cr. the heir male a Baron, by the title of Lord Oliphant, and by Royal letter*, 10 March Hi 10 (which appear to hay* been acteil upon, 11 Nov. 1641), in which he recited the lady's " ryeht of blood flowing from the Brat Lord Oliphant " decreed that " the said stile and title of Lord Oliphant^) shall be established " in her person and in that of her spouse and the (») See vol. iv, p. 16f>, note c," tub " Hardwicke." () See the matter fully set out in " Jliddell," pp. 17-20. where it is pointed out that the King himself being present as a spectator the decision hence obtains the utmost force and effect. The " material points regarding dignities which were so decided were [1] "that use and solemn recognition* were enough by the law of the Realm to constitute and transmit them when the patent did not exist ;" [2] " that they were descendible to heirs temalc if not specially barred ; " [31 "that they were not in commcrcio or required infeftmenV and [4] "that the late Lord Oliphant. by his procurator}- of resignation, had denuded himself of the dignities ay and while [i.e., always and until] the Prince shuuld declare his pleasure and either confer the honour on the pursuer or defender." It is to be observed that clause No. 2, of the above, gives the judgment of the highest court of Scotland (in 1633) that the descent of the carl;/ Seotek dignities is to be presumed as being to heirs general, such judgment being in flat opposition to Lord Mansfield's theory (some ISO ye. is later) as to the presumption being in favour of heirs male. The words of the King [" KUdetl-," p. 1S0J. are " Tat ye title ami honour, quich he [the late Lord] could not dispone and transmitt to any other nut being ye true and lineal heir of blood without his Majesties consent, is due and proper to yt said. Dame Anna as lineally descended of immobile Laurence, Lord Oliphant, her grand' chir, who was immediately last Lord before her said uinquhile father." See also p. 1 (!•_', note " b," tub " Lovat," as to the preferable title of the heir general to that of the heir male. H It is there called the " Lordschip of Oliphant, Aberdalgy, and Duplin," which says Hiddell (p. ISO, note 1), " were the old titles of the Lords Oliphant. Aberdalgy, and Duplin, were noted designations." 2 A