New-York tribune., 1909-12-27
LORD OF THE ISLES
Judgment IN a Romantic Scotch
ILQtCsHit.

A4tNi ~ man. lbthNAllIts against LORD Mac
donald. whose ancestors bore the title OF
Lord ~ the Isles. now one OF the digni-
ties OF the Prince OF Wales is rather un-
satsfactory For. shorn Of all its old-tash-
ioned, quaint and almost incomprehensi-
BILE Scotch legal phraseoIogy, It amounts
20 this-that the Cour; Of Session is not
the proper tribunal 10 deal with questions
Of legitimacy and that the only court CON-
petent 10 determine the matter is that oe
Chancery- The proceedings. however, and
certain portions OF Lord Skerrineton's
Judgment serve to indicate that Alexander
Bosville has very fair and strong case
and that II he chooses to GO to the ex-
pense Of bringing the matter before the
Scotch Court OF Chancery he is likely 20
attain his object
II Is one OF the strangest shits tnat has
ever been brought before the Scottish
tribunals. which are called upon TO deal
with more family romance than the JUS
tice Of almost any other country in ex-
istence. The object OF the petitioner. Alex
ander Bosville, is 10 secure d pronounce
ment that hiss grandfather was legitimate
II he secures a declaration 20 this effect
he does not win the Irish peerage Of his
great-grandfather but the ancient baron
etcy Of the family. which was created in
finitely greater Importance, the chiettain-
ship OF the clan OF Macdonald. That is
what he is after The third Lord Mac
donald contracted a GTetna Green mar
risge with Louise La Costa, also knrwn a.
Louisa Edsir. an tllegitinaIe daughter of
George IITs brother. the Duke of Glouces-
ter. and of the duchess's lady in waiting,
Lady Almeria Carpenter, daughter Of the
last Earl OF Tyreonnel.
Louisa Edsir was brought up at Holy
rood Palace as a natural daughter of the
duke, that is TO say. as "a niece of George
III, and it was from the palace that she
ran of with the third Lord Macdonald to
get married at Gretna Green. Now. there
was always a question as 10 the validity of
this Gretna Green marriage, and in order
definitely 70 settle all doubts about the
matter Lord Macdonald, WHO had mean
while been living with Louisa Edsir pub
iiely as his wife in Scotland and in Eng
land, went through another marriage cere-
moHy, according 10 the rites OF the Eng
hsh Church. This was held in those days
10 affect the validity o. the Gretna Green
ceremony. and it was pretty well under
stood during Lord Macdonald's lifetime
that his eldest son, Alexander. born be
fore the English marriage, was incapable
OF succeeding 10 his peeraSe and 10 the
Scottish family estates on the ground OF
iIlegitimacy and that the baTonetcy and
the Scottish property would go TO his
younger son. Godfrey, born after the Eng
lish ceremony Of marriage.
Aware OF this condition Of affairs, an
uncle OF Lord Macdonald. Alexander Bos-
vile by uamc, bequeathsd his large fortune
and some very valuable estates in York
shire 10 Lord Macdonald. with the distinct
stimuli Ha sHp1146
90 TO the one OF the peers sons who did
not succeed to the peerage and TO the
Scotch estates. Therefore on Lord Mac
donald's death his eldest son, Alexander,
obtained The entire Bosville property, as
sIuling the name and the arms Of Bosviile,
while the younger son, Godfrey. became
fourth Lord Macdonald and received the
Scotch estates. These were heavily incuu-
bered and produced Ct the best but little
revenue.
Moreover, before many years were past
the fourth Lord Macdonald became involved
in serious financial difficulties. This vas
away back in the middle OF the nineteenth
century. He began an extraordinary suit
10 establish the Legitimacy of his elder
brother. not from motives OF affection or
Of friendship. but quite the reverse; for
II he could obtain a decree from the courts
establishing the legitimacy OF his elder
brother, then the latter would have been
obliged to take possession OF the Scotch
Macdonald estates, including Armidale
Castle on the Isle Of Skye, and would have
received the baronetcy and the chieftainshiD
OF the clan, but would at the same time
have been obliged 10 surrender the rich
Bosvile estates in Yorkshire TO his younger
brother This suit fell through, and Alex
auder BosvilIe. as we'll as his son and
grandson, were LETT in undisturbed pos
session Of the BosviIIe property from that
time forth. In fact. they have been .n
possession Of the estates for sixty years
which renders their title thereto absolutely
indefeasible
The Alexander Bosvilie Of to-day. who is
z magistrate and deputy lieutenant OF
Yorkshire. therefore runs no danger of los
ing his Yorkshire property in the event
OF the Scottish Court Of Chsnccry eVeutu-
.llv declaring that his grandfather the
eldest son Of the third Lord Macdonald,
was legitimate. and obtains thereby the
Scottish Macdonald estates, the Macdonald
raronetcy Of 1625 and, what he wishes most
OF all. the chicftainship OF the ancient clan
OF Macdonald.
The entire question rests upon whether
the third Lord Macdonald was g dumiciled
Seotchman. and all the evidence III the re-
cent trial has turned upon thiS issue, for
i, is virtually admitted By both sides that
the GreLua Green marriage Tas invalid.
owing 10 Louise La Costa being al the time
a minor. Now. according 70 Scotch law,
her presentation as Lord Macdonald $ VIII
subsequent 70 her having attained her iaa-
fority would constitute a common law mar
-iage IL Scotland il Her husband were
,Ignlciied ScotchTnan. and this MARI age, as
vel ae the subsequent Church Of England
ceremony would have the effect Of leglu-
rnatizing the issue born Of the union prior
70 these marriages. But this would only be
,ac case in the event Of Lord Macdonald
being proved 10 have been d legally domi-
riled ScCtchmau. We're the Macdonald peer
age q Scotch dignity IL would share ne
rste Of the baronetcy and Of the chieftain-
shin of the elan in this controversy; but.
heinz an Irish honor. il cannot be inherited
by aDv one cut Of Wedlock; FOR Scotland Is
the only part of tle United Kingdom where
natural children can be legitmatiZed by the
subzeouent marriage Of their parents.
KIN To FLORA MACDONALD
Roth Alexander Bosville and Lord Mac
Donald besides having the royal blood Of
England in their veins. through their de
e,ant from George IT'S brother. The Duke
of gloucester. are also lineal descendants
of the Lord Of the Isles OF Sir Walter
Scort-s poem, The Heir Of Mighty Somer-