Stirling peerage
(36) Page 26
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26 INTRODUCTION.
Scotland, duly retoured in the Chancery at Edinburgh, and
entered upon the roll, it is there only that the Marchioness
could reduce the title by due course of law in Scotland.
" Were the Marchioness to apply to such authorized and
competent tribunals, and a questionable judgment given, or a
judgment unfavourable to her wishes, then, doubtless, an
appeal would lie to your Lordships' superior and appellant
jurisdiction; and there I,~ too, would have to attend your
Lordships, as any other suitor, in support of my just rights.
" That this exception taken to your Lordships entertaining
the petition at all in its present form, is founded on the well
known laws and customs of Scotland, their unrepealed force
since the union of England and Scotland, and by the articles
of the Union, whereby they are protected in all their integrity
and power, as applicable to my particular case.
" By the laws of Scotland on precedency, a decreet was pro-
nounced in 1606 under a commission granted by King
James VL to some noblemen, upon citation, that if any of
the noblemen therein prejudged did reclaim, they were to
raise a reduction of the said decreet before the session, and
adject a conclusion of declarator, craving it might be found
and declared, that they ought to have precedency from the
noblemen whom they therein cited. But (without) prejudice
always to such person or persons as should find themselves
in their interests prejudged by their then present ranking to
have recourse to the ordinary remeed of law, by reduction
before the Lords of Council and Session of the said decreet,
recovered, and of their due place and ranks, by production of
more ancient and authentic writs, nor (than) had been used
in the contrary of that process, summsning all such persons
thereto as should think themselves wrongously ranked, and
placed before them ; and in the meantime, that this present
determination to stand in full force, &c. (Sir George Macken-
zie's Works.)
" In addition to the aforesaid decreet, the statute 6 Anne,
cap. 26, sec. '22, has provided that the validity or invalidity
and preference of the title of the crown to any honours,
Scotland, duly retoured in the Chancery at Edinburgh, and
entered upon the roll, it is there only that the Marchioness
could reduce the title by due course of law in Scotland.
" Were the Marchioness to apply to such authorized and
competent tribunals, and a questionable judgment given, or a
judgment unfavourable to her wishes, then, doubtless, an
appeal would lie to your Lordships' superior and appellant
jurisdiction; and there I,~ too, would have to attend your
Lordships, as any other suitor, in support of my just rights.
" That this exception taken to your Lordships entertaining
the petition at all in its present form, is founded on the well
known laws and customs of Scotland, their unrepealed force
since the union of England and Scotland, and by the articles
of the Union, whereby they are protected in all their integrity
and power, as applicable to my particular case.
" By the laws of Scotland on precedency, a decreet was pro-
nounced in 1606 under a commission granted by King
James VL to some noblemen, upon citation, that if any of
the noblemen therein prejudged did reclaim, they were to
raise a reduction of the said decreet before the session, and
adject a conclusion of declarator, craving it might be found
and declared, that they ought to have precedency from the
noblemen whom they therein cited. But (without) prejudice
always to such person or persons as should find themselves
in their interests prejudged by their then present ranking to
have recourse to the ordinary remeed of law, by reduction
before the Lords of Council and Session of the said decreet,
recovered, and of their due place and ranks, by production of
more ancient and authentic writs, nor (than) had been used
in the contrary of that process, summsning all such persons
thereto as should think themselves wrongously ranked, and
placed before them ; and in the meantime, that this present
determination to stand in full force, &c. (Sir George Macken-
zie's Works.)
" In addition to the aforesaid decreet, the statute 6 Anne,
cap. 26, sec. '22, has provided that the validity or invalidity
and preference of the title of the crown to any honours,
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Histories of Scottish families > Stirling peerage > (36) Page 26 |
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Permanent URL | https://digital.nls.uk/95006282 |
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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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