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 1T. Clark, 1842 - Inheritance and succession |
Contents
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Other editions - View all
Inquiry Into the Law and Practice in Scottish Peerages: Before, and After ... John Riddell No preview available - 2022 |
Inquiry Into the Law and Practice in Scottish Peerages: Before, and After ... John Riddell No preview available - 2022 |
Inquiry Into the Law and Practice in Scottish Peerages: Before ..., Volume 2 John Riddell No preview available - 2015 |
Common terms and phrases
Act of Parliament Acts of Parl Advocate afterwards Alexander Angus Arran authority Barony Buchan Caithness Cassilis century Charles charter Charter-chest claim cognizance Comitatus confirmation conveyance Court of Session crown dated Decis decision declarator descent dignity disponee Douglas Duke Earl of Crawford Earl of Lothian Earl of Sutherland Earldom Edzell Eglinton ejus eldest England English Errol exclusively favour feudal fief former George grant heirs heirs-male held honours and estates House of Lords Ibid infeftment instance James VI jurisdiction King lands letter Leven Lindsay of Edzell Lord Advocate Lordship Majesty male Montrose Newbottle Oliphant ordinary original precedence owing parties patent Peerage Peerage law Peers possession prescription privileges Privy Council procuratories question ranking reference regrant resignation respect retours Robert Roxburghe royal Scotland Scottish Seal Register signature Sinclair Sir James Sir John Sir William Ker Stewart styled Supreme Civil Court tion Torphichen Union
Popular passages
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.