The number of messengers in the shire of Edinburgh, is, by statute, limited to 24. The Lyon, heralds, and pursuivants, are not comprehended in that number.
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Robert Drummond having got a commission from the Lord Lyon to be a messenger for the shire of Edinburgh, a bill of suspension was offered by the messengers of Edinburgh upon two grounds; 1mo, The bad character of the said Robert Drummond; 2dly, By the act 46th Parl. 11. James VI. the number of messengers to serve within the shire of Edinburgh is limited to twenty-four, whereof the Lyon and his brethren the heralds and pursuivants make seventeen; that the number is already compleated; and that there is a jus quæsitum to the messengers already admitted to bar the admission of a greater number. This bill of suspension being reported to the Court, it was unanimously refused as incompetent. The President reasoned, That Mr Drummond was de facto a messenger by the Lyon's commission, and that it was not competent to turn him out of his office by such an application to the Court of Session without first applying to the Lyon, against whose sentence there might be an appeal to the Court of Session, not otherways. Elchies said, That if the Lyon should name one to be a messenger who is infamous by a public sentence, or otherways rendered incapable, remeid might lie by a suspension; but was of opinion with the President in the present case. With regard to the number of messengers, the Court was of opinion, that the Lyon, heralds, and pursuivants, are not to be counted upon to fill up the number of messengers for the county of Edinburgh.
Fol. Dic. v. 4. p. 1. Rem. Dec. v. 2. No 55. p. 84.
