Blackwood's Edinburgh Magazine, Volume 69, No. 427, May, 1851Various
General
Blackwood's Edinburgh Magazine, Volume 69, No. 427, May, 1851
Various
England -- Periodicals; Scotland -- Periodicals
FOURTHLY, there was apparently another great blot pointed out by the
lawyers. Immediately after the above-mentioned _testing clause_,
followed the words "_Gratis._--PER SIGNETUM."[31] Now, it has been
seen that the testing clause is the conclusion of only a _completed
Charter_. This "excerpt," therefore, if taken from any document, must
have been taken from a completed Charter. It could not have been taken
from the Signature, nor the Signet Precept, nor the Privy Seal Precept,
for in none of these instruments could such a clause appear. But in
addition to this testing clause, appear the words "_Per Signetum!_"
which are never to be found in any charter at all, but only in the
Privy Seal Precept! So that here was a document containing, on the
one hand, words (the testing clause) which are to be found in only a
completed charter, and which could not exist in a Privy Seal Precept;
and, on the other hand, certain other words (_Per Signetum_) never to
be found in a completed charter, but only in a Privy Seal Precept! It
was accordingly sworn unhesitatingly by all the professional witnesses,
even on the strength of these conclusive elements of intrinsic
evidence alone, that the document before the Court _could not be_ an
excerpt, or copy, of any authentic writ of any description whatever,
known in the law of Scotland. There seems some little force in the
Solicitor-General's observation on this part of the case: "Gentlemen,
is there not here, then, the clearest and most satisfactory evidence
that this is not, and cannot be, an excerpt from any real or genuine
document? There is an incongruity about it, which shows it could not
have been copied from any document that ever existed. The writer of
it--whoever he was--may have had a sort of glimmering of what it ought
to have been; but still, in his ignorance, he has made a monster of it.
It is utterly impossible, looking merely to the intrinsic evidence,
that it could be the document which it professes to be."
[31] When the precept issues in favour of a Writer to the Signet,
or of the Keeper of the Signet, (as Lord Stirling then was,) the
precept passes the signet _gratis_: and that word is written at the
bottom.--Swinton, p. 84.
Public-domain text, read in full here on John Shaqi.
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