Tracts, legal and historical

180
Papal Legate appeared," and " that this Council pub-
lished certain Canons which ivere ratified by the
King and the Estates, and remained in observance
until the abolition of popery." These were the
guarantees which they obtained from him, " jurium
et libertatum." The authorities he quotes are Boece
and Fordun, the former of whom affirms that at the
Council in question, " edita sunt statuta provincialia
approbata Rege, et regni proceribus." 1 All these
intimations respectively corroborate each other, and,
evidently alluding to the same act, affix the stamp of
undoubted validity and authority to our Canons.
It cannot escape notice, that in the proposition
Seep. 171 and argument last referred to, of the pursuer in the
action of bastardy, against Stewart of Tracquair, it
is contended that a subsequent marriage upon a
dispensation between parties related within the for-
bidden degrees does not legitimate — as in the case
of a solutus and soluta — the issue previously begot. 2
Here the relationship operates as an effectual im-
pediment in the way of the legitimation, and the
1 Annals, p. 215.
2 The facts to which he applies the law are stated as follows :
" sed sic est quod dictus quondam Williehnus (Stewart of Trac-
quair ) f'uit genitus, et procreatus, et natus inter dictos quondam
Jacobum Steward et Katherinam Ruyerfurd, stante dicto impe-
dimento consauguinitatis tertii, et tertii gradus, ante commission •
em dispensations ad matrimonium contractum, et soleumizatum
si quod fuit, Igitur ut supra ipse decernendus veuit illegitimus et
bastardus quoad successionem hereditariam."