Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Alexander Arbuthnot of Knox, Petitioner
Date: 28 February 1695
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Alexander Arbuthnot of Knox gave in a bill, representing, That, the Viscount of Arbuthnot's testament being now reduced, the nomination of the tutors fell; and he was now the nearest agnate, on the father's side, past twentyfive years, and so fell to be tutor-in-law to his nephew's children; and he intended to serve tutor before the Macers, but apprehended the Lady Arbuthnot and her friends would seek to pass an advocation of it in the vacance, which would prejudge the pupils:—therefore craving the Lords would name some of their number to be Assessors to the Macers, to discuss any objections that may occur, so that the service may not be stopped.
It was answered,—This was a novelty; for, though the Macers be competent judges to services of heirs, where their lands lie in several jurisdictions, yet it could not be instructed where they sat in the serving a tutor-of-law; and they had no clerk to receive the caution.
The Lords, having considered this new case, and finding they had served Edmonston of Duntraith as tutor-in-law to his dumb brother, and likewise in the cases of idiotry and furiosity, they thought this was no altering of the styles and forms of the Chancery (which are inviolably to be kept;) therefore ordained the service to proceed before the Macers; and added two of their number to be Assessors for discussing of objections; and ordained one of the Clerks of Session to receive the tutor's caution.
Vol. I. Page 674.
N. B.—The Summer Session 1695 was discharged by the Parliament.
