Scottish Court of Session Decisions

Subject_1 JURISDICTION.

Mr Duncan Forbes of Culloden

1737, July 10, 19.
Case No. No. 14.

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Mr Duncan Forbes of Culloden's letter from the King nominating him President was presented, and two questions occurred,—first, Whether by the act 1579 any trial of the President was necessary, because he could not be considered as an ordinary Lord; for the first institution is of 14 ordinary Lords and a President; 2dly, Whether the act of sederunt 1674 extended to the admission of a President, because the King approved of it only as the trial of the ordinary Lords. Next it only concerned such Lords as should be presented in order to trial; and in fact Sir George Lockhart was admitted without any trial, and the going to the Outer-House is an improper form of trial of a President; but the Lords thought that in both these, ordinary Lords are only stated in opposition to extra ordinary Lords, and they thought the President's seat was one of the ordinary seats, and that there is no other form of trial but the one prescribed by the act of sederunt 1674 which must extend to him, and our last President North-Berwick was admitted in that manner, and the Lords then found that it was the form of trial necessary; and therefore Mr Forbes being called in he was sent to the Outer-House with Lord Strichen.