Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

The Laird of Shaw
v.
Cranston of Corsby

Date: 16 January 1629

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

There was a service sought, before the four macers, by Cranston of Corsby, who craved to be served heir to Sir Peter Cranston his grandsire's brother, in which there were four assessors conjoined with them. In which service the Laird of Shaw being admitted for his interest, Alleged, That the purchaser of the brieves could not be served to Sir Peter, because the said Sir Peter was bastard, and so could not have an heir, cum nullam haberet agnationem. In this matter, the judges disagreeing among themselves, they gave in a supplication to the Lords, desiring to have their advice upon the matter; who, after they had considered it by way of advice only, (remitting it to their own consciences to decern as they thought fittest,) gave their answer, That they thought it neither competent to the defender to propone, (he nor any others having interest, but the king only;) neither yet was it relevant to allege bastardy against the person to whom another sought to serve himself, but only against him that sought the service, quo casu quæstio natalium adjudicem Christianitatis remittenda erat, and in the meantime the service should be stopt; otherwise, if there were such an allegeance sustained, there should never a service go on, præsertim in facto antiquo.

Page 30.