When the personal attendance of the lesser Barons in Parliament was at first dispensed with by James I., and the privilege of sending Commissioners was substituted in place of that attendance, all the vassals of the Crown, however small their freeholds, were entitled to vote in the election of these Commissioners. This privilege was afterwards, by James VI., limited to those who had a forty-shilling land in free tenantry, and resided within the shire; and was again, by Charles II., extended to those possessed of lands holding of the King, of ten chalders of victual, or L. 1000 Scots of real rent. Afterwards, however, by the statute 1681, which is now, in material points, the rule for determining the qualifications of elections, it was enacted, that none should be allowed to vote but those “who stood publicly infeft and possessed of a forty shilling land of old extent, holden of the King or Prince, distinct from the feu-duties in feu-lands; or where the extent did not appear, stood infeft of lands liable in public burden for his Majesty's supplies for L. 400 of valued rent, whether kirk lands now holden of the King, or other lands holding feu, ward, or blanch, of his Majesty, as King or Prince of Scotland.”
The only exception from the regulations of this statute, is the peculiar constitution of the county of Sutherland, where, by immemorial and continued usage, the right of electing, and being elected, is competent to vassals holding of a subject superior. By statute 16th, Geo. II., such vassals, however, must be possessed of lands paying public burdens to the amount of L. 200 Scots of valued rent. And the same statute contains certain special enactments regarding those anomulous qualifications.
With regard to the manner of keeping the roll of electors - the time of holding the annual Michaelmas head-courts - the form of procedure in those courts - the remedy for those aggrieved by their decisions, by summary complaint to the Court of Session - and the penalty if such complaint is dismised - the statute 16th Geo II. cap. 11. is the rule in all those particulars.
Corruption and perjury in the electors are restrained by penalties contained in act 2d, Geo. II. cap. 24.; and the penalty for the Clerk of Court making a false return, is statuted by act 7th, Geo. II. cap. 16.
Fol. Dic. v. 3. p. 401.
Subject_2 DIVISION II
The Qualification of a Freeholder possessing a Forty Shilling Land of old extent.
Subject_3 SECT. II.
Can Retours be divided? - Retours of Church Lands. - Of Heritable Offices. - Objections to Retours.
William Macdowall v. Thomas Buchanan
Date: 20 February 1787 Case No. No 40.
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Mr. Thomas Buchanan's claim to be enrolled as a freeholder in the county of Renfrew, was partly founded on the superiority of the lands of Blackburn, which were said to be a twenty-six shilling eight-penny land of old extent.
In evidence of this, a retour was produced, in which it was stated, that the deceased Robert Sempill died last vest and seised “in tota et integra dimidietate viginti sex solidatarum et octo denariatarum terrarum antiqui extentus de Blackburn, extenden. ad tredecim solidatarum et quatuor denariatarum terrarum ejusdem. ‘And it was certified in the valent clause,’ quod prædicta æqualis dimidietas prædictæ viginti sex solidatarum et octo denariatarum terrarum de Blackburn, cum pertinent. valet nunc per annum tribus libris sex solidis et octo denariis usualis monetæ hujus regni Scotiæ, et tempore pacis valuit tredecim solidis et quatuor denariis monetæ prædictæ.”
It was objected to this retour, That though it sufficiently proved one half of the lands to have been valued at 13s. 4d. it did not thence appear, that the other half was precisely of the same value.
‘The Lords sustained the objection.’
Act. Lord Advocate, et alii.Alt. Maclaurin, at alii.Clerk, Robertson.
Fol. Dic. v. 3. p. 404. Fac. Col. No 321. p. 495.
