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Rh blatant to so late a date, but considering what are and have been the Scottish laws of marriage, it is the fact or otherwise of marriage which has to be ascertained; and though in England the legal status was recognised from an earlier period, the social status of the illegitimate offspring of a given man depended little upon the legal legitimacy of birth, but rather upon the amount of recognition the bastard received from his father. If a man had an unquestionably legitimate son, that son undoubtedly succeeded; but if he had not, any technical stain upon the birth of the others had little effect in preventing their succession. A study of the succession to the Barony of Meinill clearly shows that the illegitimate son of the second Lord Meinill succeeded to the estates and peerage of his father in preference to his legitimate uncle. There are many other analogous cases. And when the Church juggled at its pleasure with the sacrament of marriage—dispensing and annulling or recognising marriages for reasons which we nowadays can only term whimsical—small wonder is it that the legal fact, though then admitted, had little of the importance which we now give to it. When the actual fact was so little more than a matter at the personal pleasure of the person most concerned, it would be ridiculous to suppose that any perpetuation of a mere advertisement of the fact would be considered necessary, whilst the fact itself was so often ignored; so that until comparatively recent times the Crown certainly never attempted to enforce any heraldic marks of illegitimacy. Rather were these enforced by the legitimate descendants if and when such descendants existed.

The point must have first arisen when there were both legitimate and illegitimate descendants of a given person, and it was desired to make record of the true line in which land or honours should descend. To effect this purpose, the arms of the illegitimate son were made to carry some charge or alteration to show that there was some reason which debarred inheritance by their users, whilst there remained those entitled to bear the arms without the mark of distinction. But be it noted that this obligation existed equally on the legitimate cadets of a family, and in the earliest periods of heraldry there is little or no distinction either in the marks employed or in the character of the marks, which can be drawn between mere marks of cadency and marks of illegitimacy. Until a comparatively recent period it is absolutely unsafe to use these marks as signifying or proving either legitimate cadency or illegitimacy. The same mark stood for both, the only object which any distinctive change accomplished, being the distinction which it was necessary to draw between those who owned the right to the undifferenced arms, and owned the land, and those who did not. The object was to safeguard the right of the real