Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Secretaries Murray and Middleton v. Hope of Grantoun and Andrew Crawfurd
Date: 6 March 1684
Click here to view a pdf copy of this documet : PDF Copy
The two Secretaries of State, Murray and Middleton, pursue Hope of Grantoun, as tutor to Hopeton, and Andrew Crawfurd, Sheriff-clerk of Lithgow, for declaring his right to the said sheriff-clerkship null, because it flowed not from the Secretaries of State, who have the power through all Scotland of placing the Sheriff-clerks. He defended on two gifts; one from Hopeton, who, being an heritable Sheriff, had power to place his own clerk, as all other heritable Sheriffs have. The second was a deputation from the King, when the last Hopeton's sheriff-ship was declared void, through his not taking the test, in November 1681.
Alleged,—None of thir were sufficient to maintain against the Secretaries, who, quoad this casualty and perquisite of their office, were founded in jure communi and a general custom and possession.
This debate being advised on the 11th of March,—The Lords sustained Andrew Crawfurd's gift, wherein he was conjoined with Mr Andrew Ker; and found these conjunctions to the longest liver lawful; though thereby the succeeding Secretaries are forestalled and deprived of a casualty, which may be thereby hindered from falling and existing in their time. But thir conjunct gifts were sustained before, 29th June 1677, Archbishop of Glasgow against The Commissary Clerk of Peebles.
