Volume 1 - Electric Scotland

CCXXX JAMES, EAKL OF AXXAXDALE AND IIARTFELL, 1C53-1C72.
claimcil the prerogative of giving n regraut of the title to the new scries of
lieirs desired, or otherwise. The effect of the resignation of a peerage was
that the person resigning was divested for tlie time of his honours, and he
liad the use of these only by courtesy until he received a regrant of them.
In the interval between the resignation and regraut, the series of heirs under
the original grant of the peerage were barred from succeeding to it. Dut the
new series of heirs were vested with no right to the peerage in question until
the regrant was given in their favour by the king.
The Earl of llartfell made resignation of both of his peerages of llaitfell
and Johnstone, and also of his estates. His resignation was made in tlie
hands of the judges of exchequer, which was the usual form of making
resignations. It was tlius in legal form and according to a common privilege.
After the Eestoration the crown acknowledged the validity of every other
resignation made during the commonwealth, although generally with some
remark in the qvacquidcm clause about the pretended commissioners of
exchequer. It does not therefore militate against the validity of the
resignation of the Earl of Kartfell that he made it in the hands of the officers
of the commissioners of exchequer at the time. The resignation, as has been
seen, was made at a time when an emergency in the history of the Hartfell
family had arisen. If the Earl of llartfell had died after the resignation
made by himself in 10-57, leaving only daughters, his peerages and estates
might have been claimed by the Protector's government as the feudal
superiors in place of King Charles (he Second. That government claimed
to be the true and lawful superiors, and of course they adopted that position
with all the obligations attaching to it. The earl could therefore plead
urgency in making the resignation.
In ordinary coiuse a regrant would have followed immediately upon
the resignation of the Earl of Hartfell, in such terms as the feudal superior
decided. In adopting the course of making a resignation of his peerages
and estates, and a new disposition in favour of the heirs of his own body, the