Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Baillie of Jerviswood v. The Duke of Gordon
Date: 15 November 1694
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Rankieler reported the Duke of Gordon's bill of suspension against Baillie of Jerviswood, 1mo. That he was not bound to receive him by precept of clare constat but with that clause salvo jure meo. 2do. That, having got his lands, both property and superiority, erected into a regality in the late times, he must design his lands as lying within his said regality. Answered to the first,—That the Duke ought to condescend on his right; especially since it is insinuated that he thinks the gift of forfeiture is yet sufficient, notwithstanding of the act rescissory. To the second,—The regality being obtained the time of the charger's forfeiture, it must fall with it. Replied,—No superior is bound to condescend; because there may be casualties of the superiority, or recognitions. And, He having impetrated the erection, not as proprietor, but as superior, it must subsist.
The Lords sustained both the reasons; and ordained the charter to bear both the clause of salvo jure, and mention that they lie in such a regality.
