Selected quad for the lemma: grace_n
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A50712
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Observations upon the laws and customs of nations, as to precedency by Sir George Mackenzie ...
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Mackenzie, George, Sir, 1636-1691.
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1680
(1680)
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Wing M186; ESTC R5733
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107,612
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141
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appoint Sheriffs in their place to command the Counties who are therefore still called Vice-comites Some were likewise appointed to command Towns and so these Comites Vrbium were of a meaner Degree than the Comites Provinciarum But now Earls who have their Designations from Towns are in the same Degree with those who have their Designations from Provinces Counts Palatine were such as had Office in the Kings Palace and had their name à Palatio as is clear by the whole Titles C. de Palavinis sacrar Largit tit de Castren Palatinorum peculio But it is fit to know that these Counts Palatin or Officers of the Palace differed in the Roman Law from Domestici for the Domestici these were properly and onely those who were of the Emperours guards as is clear by l. 3. c. de Protect Domest and Cujac upon that law The Counts Palatin in England were such as had Regal power within their own Jurisdictions nor do I in my reading find any Counts Palatin in Scotland save Walterus Palatinus de Stratherne who designs himself Atholiae Cathaniae Comes he gives his lands of Cortowhy to the Bishop of Brichen in anno 1429. And I believe the Reason why We have so few Counts Palatin in Scotland is because Our Lords of Regality have the same power But properly the Officers of the Kings house are onely now what the Comites Palatini were of old For Regulating the Precedency amongst Earles and Lords with Us K. Iames the 6. did grant a Commission to some Noblemen in March 1606. who upon Citation did pronunce the following Decreit according to which Decreit these Noblemen are at present Ranked and if any of the Noblemen therein prejudged do Reclaim they use to raise a Reduction of the said Decreit before the Session and Adject a Conclusion of Declarator Craving it may be found and declared that they ought to have Precedency from the Noblemen whom they therein cite This Decreet is from its Effect called the Decreet of Ranking whereof this is the Tenor. AT Edinburgh the 5th of March 1606. anent Our Soveraign Lords Letters directed Makand mention Forasmuch as His Majesty and the Lords of His Secret Council Considering the great contentions and differencies quilks many times occurrit and fell out amongst the Nobility of this Kingdom of Scotland anent the Precedency and Priority in Ranking and Voting in Parliament and general Councils and how that this their Contentions lay ever unremembred or agitat but at the very instance of their Meeting at His Majesties Parliaments and Coventions at whilk time there was greater matter of Impashment offered to the Estates to compone their Differences then to intreat upon the principal Subjects for whilk they were assembled His Majesty and the saids Lords therefore being careful to have this Contention removed and the contraversies and elists whilks arises amongst the Nobility for that cause settled and pacified wherethrow the Estates and Nobility being freed and relieved of such matter of Contention they may in Peace Love and Amity concur together and Deliberat upon such matters as shall be entreated and motioned in Parliament hereafter His Majesty for this effect has given his Highnes Commission under the great Seal to a number of His Nobility and who are most indifferent and no wayes suspect of partiality to conveen and call before them the hail Noblemen of this Kingdom of Scotland and according to their Productions and Verifications to set down every mans Rank and Place as in the Commission foresaid past under the great Seal at length is contained and anent the Charge given to Lodovick Duke of Lennox Iohn Marques of Hamilton George Marques of Huntly Patrick Earl of Orkney George Earl of Caithnes Alexander Earl of Sutherland Iames Earl of Murray Francis Earl of Errol George Earl Marishal David Earl of Crawfurd Iames Earl of Athol Iohn Earl of Montrose Iames Earl of Pearth Earl of Monteith Andrew Earl of Rothes Alexander Earl of Dumfermling Archibald Earl of Argyl Iames Earl of Glencairn Iohn Earl of Cassils Earl of Eglington William Earl of Angus William Earl of Morton Iohn Earl of Marr Alexander Earl of Lithgow Earl of Winton Alexander Earl of Home Simond Lord Fraser Edward Lord Bruce of Kinlosse Iohn Lord Forbes Patrick Lord Glames Iames Lord Ogilvy Alexander Lord Spynie Patrick Lord Gray Laurence Lord Oliphant Iohn Lord Murray of Tillibairn David Lord Scoon Iames Lord Lindsey Lord Sinclar Iames Lord Balmerinoch Patrick Lord Lindors Iames Lord Colvil of Culros Iohn Lord Fleyming Alexander Lord Elphingston Alexander Lord Stuart of Ochiltry Thomas Lord Boyd Allan Lord Cathcart Hugh Lord Lowdoun Robert Lord Semple Lord Pasley Iames Lord Abercorn Iohn Lord Maxwel Iohn Lord Harres Robert Lord Sanchar Lord Ross Iames Lord Carlyl Robert Lord Roxburgh Iames Lord Hay of Yeaster Lord Newbottle Iames Lord Thirlstain Iames Lord Torphichen Iames Lord Borthwick Thomas Lord Dirlton Lord Seaton And the Tutors and Curators of the saids Dukes Marquesses Earles Lords if they any have to have compeard before the saids Lords Commissioned at an certain day by gaine and to have brought and produced with them such Writs Evidents Documents and Testimonies as they have or can use for acclaiming that Rank and Place of Precedency and Priority challenged be them before others To have been seen and considered be the saids Lords Commissioners and they to have heard and seen their Ranks and place of Precedency and Priority appointed and set down be them according to their Antiquities of their Productions and that whilk should be verified in their presence and they and every one of them directed to take that place whilk should be appointed and prescrived unto them be the saids Commissioners as said is Certifying all such persons as should not compear themselves or their Procutors in their names That the saids Lords Commissioners will go on forward in setting down every mans Rank according to that which should be verified as said is and should proceed according to the several Instructions given be His Majesty to the saids Lords Commissioners for this purpose and the saids Lords Commissioners their Determination should stand in full force and effect aye and while an Decreit before the ordinar Judge be recovered and obtained in the contrar Likeas at more length is contained in the saids Lords Executions and Indorsations thereof which being called and divers Times and Dyets keeped to that Effect And the said Iohn Earl of Montrose Alexander Earl of Dumfermling Francis Earl of Errol George Earl Marishal and Alexander Earl of Lithgow Compearand personally and the said Alexander Earl of Sutherland compearand be Mr. Robert Learmont their Procutor and the said Earl of Marr compearand be Mr. Thomas Hope his Procutor the said David Earl of Crawfurd compearand be Laurence Scot his Procutor the said Andrew Earl of Rothes compearand be Mr. David Antoun his Procutor the said William Earl of Mortoun compearand be Mr. Thomas Learmond his procutor the said Earl of
Monteith compearand be Graham his Procutor the said Heugh Earl of Eglington compearand be Iohn Bell his procutor and the said Iohn Earl of Cassils compearand be Iohn Hamilton and Gilbert Ross and the said Andrew Lord Stuart of Ochiltry Iames Lord Balmerinoch Iames Lord Abercorn compearand personally the said Lord Lindsey of the Byres compearand be the said Mr. Robert Learmont his procutor the said Iohn Lord Forbes compearand be Iames Fogo his procutor the said Patrick Lord Glames compearand be Mr. Patrick Sharp younger his procutor the said Patrick Lord Gray compearand be Patrick Whyllie his procutor the said Iohn Lord Seaton compearand be Mr. William Livingston his procutor the said Allan Lord Cathcart compearand be George Angus his procutor the said Iames Lord Carlyl compearand be the said Robert Hamilton his procutor the said Robert Lord Sanchar compearand be Creichton his procutor the said James Lord Hay of Yester compearand be Mr. Iames Burchar his procutor the said Iohn Lord Harres compearand be Corbal Cunningham his procutor the said Iames Lord Torphichen compearand be Mr. Robert Learmont his procutor the said Lord Thirlstain compearand be Thomas Fleyming his procutor the said Alexander Lord Spynie compearand be the said Mr. Robert Learmont his procutor And the hail remanent Lords and Earles particularly abovewritten being oft-times called and not Compearand divers Terms and Dyets assigned to them for this effect the Writs Evidents Documents and Testimonies produced be the saids Persons compearand and every an of them acclaiming the Priority and Precedency before others being divers times and at divers Dyets very diligently and exactly Sighted Tryed Examined and Considered be the saids Lords Commissioners and the saids Lords therewith being as also with the Ranks and Places of such Earles and Lords as were Promoted and Created in His Majesties own time well and throughly Advised The saids Lords Commissioners has Decerned Decreited Appointed and set down and be these presents Decerns Decreits Appoints and sets down the Ranks and Places following to the hail Noblemen of the Kingdom to be Keeped Bruiked and Possessed by them in all Parliaments General Councils and publick Meetings hereafter In the first The saids Lords Commissioners Discerns and Ordains the Duke of Lennox to have the first place the Marques of Hamilton the second the Marques of Huntly the third because be the custom inviolablie observed in all Kingdoms the place of Honor amongst Nobility is first in the persons of Dukes and next Marquesses and then in the persons of Earles and Lords and next unto them the saids Lords Commissioners Discerns and Ordains the Earles abovewritten to have Bruiked and Possessed their Ranks and places according as they are here written Ranked and set down in Order following Viz. Angus Argyl Crawfurd Errol Marishal Sutherland Mar Rothes Morton Monteith Eglington Montrose Cassils Caithnes Glencairn Buchan Murray Orkney Athol Linlithgow Home Pearth Dumfermling and Dumbar And sicklike the saids Lords Commissioners Dicerns and Ordains the Lords particularly abovewritten to have Bruiked and possessed their Ranks and Places according as they are here Written Ranked and set down in Order following Viz. Lindsey Forbes Glames Fleyming Salton Gray Ochiltrie Cathcart Carlyl Sanchar Yester Semple Sinclar Harres Elphingston Maxwel Oliphant Lovat Ogilvy Borthwick Rosse Boyd Torphichen Pasley Newbottle Thirlestain Spynie Roxburgh Lindors Lowdoun Dirleton Kinloss Abercorn Balmerinoch Murray of Tillibairn Colvil Culrosse and Scoon And Decerns and Ordains all Earles and Lords particularly abovewritten to Keep Bruik and Posses their Ranks and Places in all times coming according to the Orders and Ranks abovewritten now set down Appointed and Prescrived to them and to make no Question Trouble nor Plea in this Matter to any appointed to have place and rank in the manner foresaid But prejudice alwayes to such Person or Persons as shall find themselves or their Interests prejudged be their present Ranking to have recourse to the ordinar Remeed of Law be Reduction before the Lords of Council and Session of this present Decreit recovered and of their due Place and Ranks be Production of more Ancient and Authentick Writs nor has been used in the Contrary of this Process Summonding all such persons thereto as shall think themselves wrongously Ranked and placed before them And in the mean time this present Determination to stand in full Force Strength and Effect ay and while the Party Interested and Prejudged obtain Lawfully an Decreit before the saids Lords of Council and Session as said is And Ordains these presents to be Insert and Registrat in the Books of Privy Council and an Authentick Extract thereof to be delivered to the Clerk Register and another Extract to be delivered to the Lyon-herauld to be kept be them for the better knowledge and Information of every mans Ranks and Place when the Occasion of their Ranking shall be Presented Extract de libris Actorum Secreti Consilii Act. 8. D. N. Regis Per me Jacobum Primrose Clericum ejusdem sub meo signo subscriptione manualibus It is fit to know that the Earl of Dowglas was by Act of Parliament Declared to have the first Vote in Parliament and the Carrying of the Crown and leading of the Vanguard But K. Iames did in anno 1582. prevail with that Earl to suffer the Duke of Lennox to carry the Crown for that time and in anno 1632. There is a Charter granted to the said Earl in life-rent and to his Son in Fee cum omnibus privilegiis c. specialiter cum privilegio aciem ducendi Coronam gerendi c. But in anno 1633. the said Earl being Created a Marquess it is Declared by Act of Council that he did quite priviledge of having the the first Vote in Parliament upon his Promotion And yet the Marques of Dowglas still pretends that any such Renunciation could not have prejudged the Family since the Granter of that Renunciation was onely a Life-renter his son having been in Fee I find there are some titles of Nobility in England annexed to places so that whoever is in possession of that place has right to the tittle Thus it was found in the case of the Lord Abergavenny that he in possession of the Castle ought to have the title albeit he be not Heir of Blood Their Reason is because it is a Barony-marchiere and it has been found that Baronies and Castles situate upon the Borders of Scotland and Wales belong alwayes to the Owners the words of the Tenour being per servitium Patriae custodiendae It is alleadged as one of the Reasons in that caise that the Owners of lands holding in capite per Baroniam have Precedency albeit they be not next Heirs The next Degree to the Earles is that of Viscount in Latin Vicecomes as being of old Lieutenant to an Earl Vicecomites olim dicibantur quibus castri Dominus Vices suas committebat seu executionem Iurisdictionis But afterwards Our King gave not the Government of Counties or Shires to Earles