Tracts, legal and historical
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and yairby, not onlie ye said James, bot ye rest of
ye said Roberts barnis, be ressone of ye marriage
for said subsequent, the first offence yairby being
purgit, wes maid lauchfull, lik as ye said umquhile
robert kepit lions with ye said katherine his wyf
continualie yaireftir, quhill his deceis quhilk wes be
space of VI moneths nixt yarefter at lammes, or
yaireby, and yai all yat tyme repute and haldin
mareit folkis, lik as yai wer, and sua be ye commone
law, and dailie practik of yis realme, howbeit ye
said James had bene ' gottin and borne in fornica-
tion, yit be ye mariage forsaid following yerefter
betuix his said father and moyer, he was maid lauch-
full, and yairfor aucht to be decernit lauchful, and
to succeid to his landis gudis." The Commissaries,
however, farther qualify their interlocutor, by " re-
servand alwayes ye juris and discussion of ye lawis
and juris proponit be ye said William quo ad ha-
bit ita tern succedendi prout de jure, in case ye said
exceptione be provin." 1
The above curious solemnity, still familiar to the
lower orders in Scotland, of putting the legitimated
offspring under the cair or sponsal cloth — thus sym-
bolically expressing the act of legitimacy and inau-
guration into their new status — was especially adopt-
ed by us before the Reformation, when we were
addicted to ceremonials of all kinds. An excerpt
1 Acts and Decreets of the Commissary Court of Edinburgh,
under date 7th of June 1564.
and yairby, not onlie ye said James, bot ye rest of
ye said Roberts barnis, be ressone of ye marriage
for said subsequent, the first offence yairby being
purgit, wes maid lauchfull, lik as ye said umquhile
robert kepit lions with ye said katherine his wyf
continualie yaireftir, quhill his deceis quhilk wes be
space of VI moneths nixt yarefter at lammes, or
yaireby, and yai all yat tyme repute and haldin
mareit folkis, lik as yai wer, and sua be ye commone
law, and dailie practik of yis realme, howbeit ye
said James had bene ' gottin and borne in fornica-
tion, yit be ye mariage forsaid following yerefter
betuix his said father and moyer, he was maid lauch-
full, and yairfor aucht to be decernit lauchful, and
to succeid to his landis gudis." The Commissaries,
however, farther qualify their interlocutor, by " re-
servand alwayes ye juris and discussion of ye lawis
and juris proponit be ye said William quo ad ha-
bit ita tern succedendi prout de jure, in case ye said
exceptione be provin." 1
The above curious solemnity, still familiar to the
lower orders in Scotland, of putting the legitimated
offspring under the cair or sponsal cloth — thus sym-
bolically expressing the act of legitimacy and inau-
guration into their new status — was especially adopt-
ed by us before the Reformation, when we were
addicted to ceremonials of all kinds. An excerpt
1 Acts and Decreets of the Commissary Court of Edinburgh,
under date 7th of June 1564.
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| Histories of Scottish families > Tracts, legal and historical > (180) Page 164 |
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| Permanent URL | https://digital.nls.uk/95036166 |
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| Description | With other antiquarian matter chiefly relative to Scotland. By John Riddell. Edinburgh : T. Clark, 1835. Contents: 1. Reply to Mr. Tytler's Historical remarks on the death of Richard II -- 2. Observations upon the representation of the Rusky and Lennox families, and other points in Mr. Napier's Memoirs of Merchiston -- 3. Remarks upon the law of legitimation per subsequens matrimonium, the nature of our ancient canons, and question of the legitimacy of the Stewarts. |
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| Shelfmark | L.C.758 |
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| Attribution and copyright: |
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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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