Scottish Court of Session Decisions

Subject_1 JURISDICTION.

Earl of Eglinton's Claim of Sheriffship of Renfrew and Regality of Paisley

1748, Jan, 26, Feb. 3.
Case No. No. 46.

Click here to view a pdf copy of this documet : PDF Copy

Bryce Blair, the Earl's author, having right to the heritable Sheriffships of Renfrew and Bailiary of the Regality of Paisley, resigned them in the Crown's hands, for which he was to get 3000 acres of land in Ireland; but the King being unable to perform, he gave back to Earl of Eglinton as then having right to these jurisdictions, the jurisdictions themselves, but redeemable by the King for L.5000 sterling with interest, upon which he has possessed from 1642 till now, and he claimed the L.5000 and interest. The right to the jurisdiction was admitted, but Lord Advocate insisted, that under the late statute the Earl could claim no more than what should be found the true and just value of these jurisdictions, not exceeding L.5000, because a redeemable right cannot be of more value than if it was not redeemable; that the claim supposes a part of a right better than the whole; that the King might when he pleased renounce the right of redemption, which could not make the claimant's right of less value than it was before;—and we accordingly so found. In this same case, Lord Dundonald, as deriving right from Earl of Abercorn, claimed the Lordship of Regality itself; and indeed there was a right to it of the date of the annexation 1587, and the right excepted from it, and renewed again in 1591, and agreeably to it in 1607 Semple's heir was entered by Abercorn by a precept of clare constat, but the act 1633 supervening, the charter 1642 was granted by the Crown to Bryce Blair; only he gave a bond to the Treasury that it should not prejudge Abercorn's right, which seemed to respect the exitus curia, and since that time Abercorn or Dundonald have had no possession; and because of the act 1633 we dismissed the claim.