Memorial as to the Ruthven peerage

11
" de Graitney ejus maritum," had purchased Brieves for being served
heir male of Taillie and Provision to the deceased David Lord Ruthven
his Granduncle, as well in general as in sj^ecial, and granting Com-
mission for that purpose.
3. In the Claim of Service both Jean and Isobel Ruthven are repeatedly
designated as " Lady Ruthven." The Inquest consisted of Sir James
Fergusson of Kilkerran, Baronet, Chancellor, Colonel William
Douglas of Kirkness, Mr. Lawrence Craigie of Kilgraston, Mr. David
Graham of Orchill, Mr. Henry Home, Advocate (afterwards Lord
Karnes), and other gentlemen who appear to have been well
acquainted with the family. Two of the Inquest, Mr. Lawrence
Craigie, and Mr. Robert Fullarton, W.S., deponed to the propinquity
of the Claimant, that he was only lawful son of "Isobel Lady
" Ruthven," and the Inquest unanimously sustained the claim of
service on the 9th December, 1732.
4. In all the Acts of Court, Instruments, &ca., Isabella Ruthven is
designated " Lady Ruthven," which title was accorded to her through-
out the whole proceedings.
The character of Sir James Fergusson, who acted as Chancellor on this
Service, is thus drawn by Lord Woodhouselee : — " He was undoubtedly one of
" the ablest lawyers of his time. His knowledge was founded on a thorough
" acquaintance with the Roman Jurisprudence, imbibed from the best Com-
" mentators on the Pandects, and with the recondite learning of Craig, who had
" laid open the fountains of the Scottish Law in all that regards the system of
" feudalism. Of his manner as a Barrister, we have no other record than the
" printed papers of his composition, which evince a skilful arrangement of his
" matter, a judicious selection of Iris ground of argument, and a nervous brevity
" of expression which admits of no rhetorical embellishments. The probity and
" integrity of his moral character entitled him to respect and veneration. The
" decisions which he has recorded during the period when he sat as a Judge of
" the Supreme Court exhibit the clearest comprehension of Jurisprudence, and
" will for ever serve as a model for the most useful forms of Law Reports."
Lord Karnes, who was also one of the Inquest, on the Service of James,
third Lord Ruthven, besides being a distinguished lawyer, wrote a Treatise on
Scotch Peerages, and must have known the true state of the Ruthven Peerage.
Having expede a Service to his granduncle Lord David, James Ruthven
was thereafter infeft in those parts of the Estate which hold of the Crown on a
precept from Chancery. He adopted the title of honor of Lord Ruthven, and
enjoyed all the privileges pertaining thereto. In particular, he exercised his
right of voting at the Election of Peers from the year 1733 to the year 1774,
either personally, or by signed list or proxy, on the following occasions, viz. : —
1. On 21 September, 1733, personally, when the Duke of Atholl was
elected in the room of the Earl of Sutherland deceased.
2. On 14 March, 1738, by a signed list, when John, Earl of Hyndford,
was elected in room of the Earl of Morton deceased.
3. On 12 May, 1739, by a signed list, when the Earl of Morton was
elected in room of the Earl of Selkirk deceased. .
4. On 1 August, 1747, personally, at the General Election.
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