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
FIFTHLY, Not satisfied with these rigorous assaults upon the
genuineness and authenticity of this unfortunate document, the Scotch
lawyers detected, as they considered, several serious _intrinsic_
evidences of spuriousness. _First_, the alleged charter professed to
convey estates which had _never belonged to the Scottish Crown_--viz.,
lands, provinces, and territorial rights in New England. "It is not
possible," said Lord Meadowbank, and the professional witnesses
supported him, "that a charter granted by a king of Scotland could
convey--or be granted, as if it had conveyed any property not belonging
to the Crown of Scotland. That such a SIGNATURE should have passed the
Barons of Exchequer, and their officers, is beyond all belief:" for it
must be remembered, that the "Signature" is, in its first stage towards
a charter, submitted to a Baron of Exchequer, to be "revised," before
the sign-manual is affixed to it. This is, undoubtedly, a fact lending
great weight to any really inconsistent or objectionable provisions in
the "Signature," or subsequent charter. _Secondly_, In Crown charters
of resignation, to which that in question professed to belong, it was
proved that the _dates_ of the resignation were "invariably given:"
here were none--and this objection also must have escaped the somnolent
Baron of the Exchequer of 1639. _Thirdly_, The "Charter" stated a
resignation to have been made by a grandson of the Earl of Stirling,
in the Earl's lifetime; which resignation the grandson had no title
to make; and till he had, _having_ nothing, he could resign nothing
according to the law of Scotland; and such could never have passed
the Exchequer. _Fourthly_, The alleged charter professed to convey
the titles and dignities of the earldom; the Earl professed to resign
his earldom, which the king, by that deed, was made to reconvey, with
_precedency from the date of the first grant_. "This," said Lord
Meadowbank, and the evidence supported him, "I believe to be altogether
unprecedented. It was totally unnecessary--the precedency conveyed
following as a matter of course. I have seen many such grants, and
_never_ such a dignity reconveyed, with such a stipulation." _Fifthly_,
While the invariable practice, in Royal Charters to Peers, is to
address the one concerned as "_consanguineus_ noster," and never to
give that title to a commoner, the alleged charter in question twice
applied that title to Alexander, the son of the peer, (consequently a
commoner,) and _not_ to the Earl himself!
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