Inquiry Into the Law and Practice in Scottish Peerages: Before, and After the Union; Involving the Questions of Jurisdiction, and Forfeiture: Toether with an Exposition of Our Genuine, Original Consistorial Law, Volume 1

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Contents

involving the descent of their honours and Act of Parliament upon the high heredi
276
the Lords in 1734 immaterialthe con Lords in 1748 formerly adverted to 386
280
Earl of Errol in his question of preceden
301
constituting analogously but a partial in That Article is so far irresistible
315
just Jurisdiction of the Session in Peer Paramount inherent cognizance of
325
case at the option of the party before the Original notices of the Admiralty
332
insufficient 166
347
unknown but awarded to the claimant In Colvill case a Scottish retour again
355
out mention of heirs being thus ruled like
373
Case of a patent in 1661 to heirs male on misconceived grounds 386 and
387
ter the Reformation and before the Act The same case viewed under the
410
and to supply in certain particulars may vent c Where foreigners alone liti
419
between divorced adulterers under the to entertain and discuss the present noto
426
of a domiciled Scottish nobleman with attempted partly to usurp the cognizance
433
ancient Consistorial cognizance afterwards as in fact in the present instance after
452
drews in 1566 seems to have had refer Judicial cases and authorities in support
462
nised by Statute in the 16th centuryau tion of bona fides in consequence could
468
respect Even after the Reformation a Grinton c in 1752 and even by
492
also of the cairclaith or nuptial pallium Individual cases proving the necessity
506
to legitimate issue must not only be public gitimate the incestuous issue of parties
517
c with that upon former misconceived husband in 15801 Similar in many res
531

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Page 298 - But if the parliament will positively enact a thing to be done, which is unreasonable; I know of no power that can control it...
Page 294 - Secondly, the peers of the realm are by their birth hereditary counsellors of the crown, and may be called together by the...
Page 291 - That the court of session, or college of justice, do, after the union, and notwithstanding thereof, remain in all time coming within Scotland, as it is now constituted by the laws of that kingdom, and with the same authority and privileges as before the union, subject nevertheless to such regulations for the better administration of justice, as shall be made by the parliament of Great Britain...
Page 257 - March, 1759, in favour of himself and the heirs-male of his body ; whom failing, the...
Page 468 - M'Lauchlane against Dobson, 6th December 1796. " Although by the law " of Scotland there are no precise forms which are indispensable " in the solemnization of marriage, yet rebus integris it can only " be constituted by a consent adhibited in the presence of a .• " clergyman, " clergyman, or in some other solemn mode equivalent to actual ADAM
Page 467 - In most civilized countries, acting under a sense of the force of sacred obligations, it has had the sanctions of religion superadded : It then becomes a religious, as well as a natural, and civil contract ; for it is a great mistake to suppose that, because it is the one, therefore it may not likewise be the other.
Page 220 - Roman was to allow him the glory of a triumph; the greatest and most dishonorable punishment was that of parricide. He that was guilty of parricide was beaten with rods upon his naked body till the blood gushed out of all the veins of his body; then he was sewed up in a leathern sack called a culeus, with a cock, a viper, and an ape, and thrown headlong into the sea.
Page 163 - ... and amendment. It has been transmitted to us in no solemn or authentic form owing to the well known hurry and distraction of the moment, when lesser interests were sacrificed to greater, adopting the gross errors in the decreet of ranking in 1606, which it is otherwise faulty and exceptionable . . . the pretensions of impostors at elections of the sixteen peers, who have not been wanting on such occasions, and reception of undue votes, with the attendant trouble and perplexity...
Page 119 - ... gentry having suffered much from forfeiture during the seventeenth century, a law was passed in 1685, authorizing landholders to entail their estates in perpetuity ; and five years afterwards, another statute expressly exempted entailed estates from confiscation, on the ground that every man ought to " suffer for his own fault, and not the innocent with or for the guilty.
Page 298 - ... and greatly endanger the union. 4. That the municipal laws of Scotland are ordained to be still observed in that part of the island, unless altered by parliament; and, as the parliament has not yet thought proper, except in certain instances, to alter them, they still (with regard to the particulars unaltered) continue in full force.

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