History of the earldoms of Strathern, Monteith, and Airth
(199) Page 171
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STRATHERN, MONTEITH, AND AIRTH. I7I
you can give effect, to all the words, I say then Proceedings
you are bound, by every judicial rule I ever heard of Lords.
of in my life, to say that the author of a deed ^ ' " ^'
meant to use every one word and syllable that SpeediofMr.
■J •' Knight Bruce.
he has used. Then, my Lords, I am bound to
this, that I cannot suppose there is any mistake.
I dare not suppose it, — my duty will not permit
me to suppose it, if I can give a consistent
meaning to all the words as they are ; — and I dare
not suppose that any of these words were written
by mistake if a sensible meaning can be given
to the whole of this sentence, with the word their
standing a part of it. That is my answer to the
suggestion about error, that you cannot lightly
infer that there is an error in transcribing a
deed, or that you are to read their as if it were
written her. I say, if you are driven to it by
necessity, the necessity will justify it ; but if it is
not necessary, it is the most unjustifiable pro-
ceeding which can be taken in judgment.'
'* My Lords, these speeches, as I said, abound
in expressions of a similar nature; and it is known
to all lawyers that they only explain and illus-
trate the acknowledged rule of law upon such
subjects. I have, notwithstanding, thought that
however commonplace it might seem to lawyers,
it might not be amiss to cite those expressions
when they are used with reference to the grant
of a Scotch Peerage, the particular subject upon
which we are now engaged. I not only look
you can give effect, to all the words, I say then Proceedings
you are bound, by every judicial rule I ever heard of Lords.
of in my life, to say that the author of a deed ^ ' " ^'
meant to use every one word and syllable that SpeediofMr.
■J •' Knight Bruce.
he has used. Then, my Lords, I am bound to
this, that I cannot suppose there is any mistake.
I dare not suppose it, — my duty will not permit
me to suppose it, if I can give a consistent
meaning to all the words as they are ; — and I dare
not suppose that any of these words were written
by mistake if a sensible meaning can be given
to the whole of this sentence, with the word their
standing a part of it. That is my answer to the
suggestion about error, that you cannot lightly
infer that there is an error in transcribing a
deed, or that you are to read their as if it were
written her. I say, if you are driven to it by
necessity, the necessity will justify it ; but if it is
not necessary, it is the most unjustifiable pro-
ceeding which can be taken in judgment.'
'* My Lords, these speeches, as I said, abound
in expressions of a similar nature; and it is known
to all lawyers that they only explain and illus-
trate the acknowledged rule of law upon such
subjects. I have, notwithstanding, thought that
however commonplace it might seem to lawyers,
it might not be amiss to cite those expressions
when they are used with reference to the grant
of a Scotch Peerage, the particular subject upon
which we are now engaged. I not only look
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Histories of Scottish families > History of the earldoms of Strathern, Monteith, and Airth > (199) Page 171 |
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Permanent URL | https://digital.nls.uk/94882230 |
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Description | A selection of almost 400 printed items relating to the history of Scottish families, mostly dating from the 19th and early 20th centuries. Includes memoirs, genealogies and clan histories, with a few produced by emigrant families. The earliest family history goes back to AD 916. |
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