Frasers of Philorth > Volume 1

200 THE FRASERS OF PHILORTH, LORDS SALTOUN.
In 1722 there was a general election of the sixteen Representative Peers.
Thirty-two candidates, of whom Lord Saltoun was one, came forward, and
though unsuccessful, he had twenty-two votes in his favour.
At this election he protested against the reception of the proxy of Simon,
Lord Lovat, in the following terms : —
" I do protest that no person, in prejudice of the undoubted right of Lady
Amelia Fraser, Baroness Lovat, may or shall pretend to vote in the election
of the sixteen Peers to represent the Peers of North Britain, in regard the
honours and dignity of Lovat are by no patent or deed limited to the heirs-
male of the late Hugh, Lord Lovat, last deceased, but that dignity did
descend, and is legally vested in the person of Amelia, Lady Baroness
Lovat, as heir of line, and eldest daughter of the said Hugh, last Lord Lovat,
deceased, for that by a decreet of the Lords of Session, dated the 2d day of
December 1702 years, it is adjudged and declared that the honours and dignity
of Lovat were in the person of the said Amelia, Lady Baroness of Lovat,
which decreet stands unreversed, and never any appeal entered against it.
" Therefore, and for several other reasons to be given to the Most
Honourable the House of Lords, I do protest against any persons claiming a
right to vote as Lord Lovat in this present election, and I hereby take
instruments in the hands of you . . . clerks to the meeting of the Peers, and
require you to give authentic extracts of this my protest, taken in name and
behalf of said Lady Lovat by me, and such other noble Peers who shall
please to adhere to this my protestation. Saltoun."
The Duke of Athole Lady Lovat's uncle, and the Earl of Cromartie her
brother-in-law, adhered to this protest, and at the election of 1727 the Earl
of Dunmore also protested in similar terms against the reception of the vote
of Simon Fraser as Lord Lovat. 1
It was, perhaps, this opposition to his vote that caused Simon Fraser to
engage in litigation with Hugh Fraser, son of the Lady Lovat, and Alexander
Mackenzie of Prestonhall, who had taken the name of Fraser and designation
of Fraserdale, in which he obtained, in 1730, a decision of the Court of Session
favourable to his claim, 2 which he also fortified by other measures and com-
1 Robertson's Proceedings of Scottish Peers,
- Records of the Court of Session in Register Office, Edinburgh.