Detection of infamy
(41) Page 25
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It is to be observed, that in pursuance of the said
Act of Qith Geo. 111. the right of succession opened to
James Llvvis Drummond, late Duke of Melfort, elder
brother to Charles-Edward, the present claimant ; but a
person calling himself Captain James Drummond, and
representing himself to be the Honourable James Drum-
mond, only surviving son of James Drummond of Lun-
din, came forward as that heir male who, according to
the act of restoration, was entitled to the inheritance of
the Perth Estates.
The seclusion of the Duke of Melfort in France, and
his utter ignorance that he had become the chief heir
male of the Perth line, contributed much to the success
of this Mr. Drummond's substitution, who being sup-
ported by a very powerful patron, had no opponent capa-
ble to contend with him, or rebut his pretensions.
Here it is peculiarly worthy remark, that as the Perth
Title and Estates were under a strict entail to heirs
male, with remainder over in default thereof to the Mel-
fort line, and as no attainder had ever passed against
James the fourth Earl of Perth, the said title and estates
were never in faet or law forfeited to the Crown by the
attainder of his son and heir apparent Lord Drummond
in Ids life time, and as such the right of inheritance to
them only became suspended in the Crown by reason of
the incapacity of the heirs male of his body to claim the
same through him.
The failure of his heirs ma^e at length vested the
right of succession in the Melfort hne, aiid by virtue of
the remainder limited to them by James the fourth Earl,
as already mentioned, they became qualified to pray
from the Crown, the resumption of the suspended utle
and estates. The Act of Parliament therefore was
not in the nature of a restoration to the Melfort line ;
though it would have been so to that of Perth, had it then
been extant.
It is to be observed, that in pursuance of the said
Act of Qith Geo. 111. the right of succession opened to
James Llvvis Drummond, late Duke of Melfort, elder
brother to Charles-Edward, the present claimant ; but a
person calling himself Captain James Drummond, and
representing himself to be the Honourable James Drum-
mond, only surviving son of James Drummond of Lun-
din, came forward as that heir male who, according to
the act of restoration, was entitled to the inheritance of
the Perth Estates.
The seclusion of the Duke of Melfort in France, and
his utter ignorance that he had become the chief heir
male of the Perth line, contributed much to the success
of this Mr. Drummond's substitution, who being sup-
ported by a very powerful patron, had no opponent capa-
ble to contend with him, or rebut his pretensions.
Here it is peculiarly worthy remark, that as the Perth
Title and Estates were under a strict entail to heirs
male, with remainder over in default thereof to the Mel-
fort line, and as no attainder had ever passed against
James the fourth Earl of Perth, the said title and estates
were never in faet or law forfeited to the Crown by the
attainder of his son and heir apparent Lord Drummond
in Ids life time, and as such the right of inheritance to
them only became suspended in the Crown by reason of
the incapacity of the heirs male of his body to claim the
same through him.
The failure of his heirs ma^e at length vested the
right of succession in the Melfort hne, aiid by virtue of
the remainder limited to them by James the fourth Earl,
as already mentioned, they became qualified to pray
from the Crown, the resumption of the suspended utle
and estates. The Act of Parliament therefore was
not in the nature of a restoration to the Melfort line ;
though it would have been so to that of Perth, had it then
been extant.
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Histories of Scottish families > Detection of infamy > (41) Page 25 |
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Permanent URL | https://digital.nls.uk/95118122 |
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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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