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![handle is hein.trials/aadx0001 and id is 1 raw text is: BEFORE THE LORDS COMMITTEES OF PRIVILEGES.
THE CASE
OF
Thomas Alexander Fraser, of Lovat, Esqire,
CLAIMING THE TITLE AND DIGNITY
OF
BARON LOVAT.
THERE is no evidence of the creation of this dignity : no patent exists, (1.) patents
of honor not having been introduced until the time of James the Sixth, (a.)
The precise time, at which the Frasers of Lovat were created Lords of Tarliament,
is uncertain.
In the decree of ranking of the Scottish Peers by James the Sixth, in -Alareb 1606
reference is made to a contract between Lord Fentoun of that Ilk, and High Fraser
of Lnvat, dated in 14]6, in proof of the creation and precedency of Lord ovat as a,
Lord of Parliament: whence it is to be inferred, that the family of Lovat was gene-
rally acknowledged to have been Noble from the reign of James the First, (a.)
That they were Lords of Parliament in the reign of James the Third is 1ndoubted;
as that Monarch confirms charters to Hugo Dominus Fraser de Lova, ac Baro
''Baronie de Kynnell, as appears by the register of the Great Seal. At this ime Lords
of Parliament had been long instituted, and the separation of Peers from the lesser
Barons and Gentry had taken place. The titles therefore of Lord Lovat :nd Baron
of Kynnell would not have been used unless the person, to whom,'they wee applied,
had, at that time, been a Lord of Parliament.
Be this, however, as it may, we find, that Hugh, the Fifth Lord Lovat, salin Parlia-
ment in 1540. (2.)
This, therefore, is an ancient dignity conferred by the Sovereign himseliin Parlia-
ment, without any writing limiting the descent of the honours to any partidar heirs.
Scottish dignities have always been understood to be governed by the strct rules of
the Feudal Law, and to descend to heirs male to the exclusion of females when no
limitation of heirs appears. (b.)
Hugh, the Fifth Lord Lovat, obtained a Charter from the Crown of the hands and
Barony of Lovat, upon his own resignation, containing an erection of all othein into
the barony of Lovat, which Charter limits the succession to the heirs male of his body i
whom failing, to his nearest and lawful heirs male whomsoever bearing ali wearing
the Arms and Sirname of Fraser; whom failing to his heirs whomsoever. (3)
The present Claimant makes his claim to the dignity of the barony of Lovat, as
being the actual heir male of the body of Hugh, Fifth Lord Lovat, who as before men-
tioned sat in Parliament as a Lord Baron.](ViewImageLocal?handle=hein.trials/aadx0001&div=1&collection=&method=preview&ext=.png&size=3)