Series 3 > Highland papers

(244) Page 217

‹‹‹ prev (243) Page 216Page 216

(245) next ››› Page 218Page 218

(244) Page 217 -
MISCELLANEOUS
217
Second : Prior to the Reformation, letters of legitimation
were granted both by the Pope and by the King. A good
specimen of the former will be found in Highland Papers, vol. i.
p. 92, and of the latter in Crawford’s Officers of State, p. 435.
By such letters the bastard was enabled to make a will and
those who would have been his heirs if legitimate to succeed
to him ah intestate—despite the King’s right as ultimus hceres.
(Cf. Dallas’ Styles, p. 114, for a gift of Bastardy.)
The present writ is, however, not by the King but by a lord
of Regality, and it is the only one of the kind which the editor
has seen. It also seems to go pretty far. Where a lord of
regality had in his infeftment a right to escheats of persons
domiciled within the regality which would otherwise have
fallen to the King, he might of course make over this right to
any donatory. And if, as in the present case, this included
rights over a bastard’s estate, the lord might of course renounce
these in favour of the bastard. Such a right apparently
extended to all moveables wherever these might happen to
be. But the effect of the present writ is not limited to move¬
ables, but in terms applies also to ‘ officis landis possessionis ’
and ‘ annual rentis and digniteis quhatsumeuir,’ thus including
even heritable property outwith the regality altogether.
Colene Erll of Ergile Lord Campbell and Lome Justice
Generali of Scotland hauand regalite within the shrefdome
of Ergile To all and sindre quhom it efferis greting For-
samekle as We for sindre gude caussis moving Ws hes in
our Souerane Lordis name and ouris gevin and grantit
and be the tenour of thir presentis gevis and grantis to
our louit Allexander gald Makvekgregour bastard son to
vmquhile Allexander Mcgregour of Glensra full power fre
facultie and speciall licence That he in all the tyme of his
liftyme othir beand seik, or haill, or in the tyme of his
decess may frelie and lesumlie dispone vpon all and sindre
his guddis and geir movable and immovable conquest or
to be conquest to quhatsumeuer persoun or personis that
he sail think maist expedient convenient and ganend
Nochtwithstanding his bastardre that he is begottin in
and the priuilege of law grantit to ws throw our regalite
vpon the eschetis of bastardis And We be thir presentis
legitimatis and makis lauchfull the said Alexander gald
to bruke siklike priuilegis fredomes guddis and geir officis
landis possessionis annuall rentis and digniteis quhat-

Images and transcriptions on this page, including medium image downloads, may be used under the Creative Commons Attribution 4.0 International Licence unless otherwise stated. Creative Commons Attribution 4.0 International Licence