was received in his lungs, to the
effects of which his friends attributed a weakness and oppression from
which he usually suffered at bed-time; when "he usually," as a
contemporary relates, "took a little boiled bread and milk, or some such
gentle food."[218] This was an inauspicious commencement of an active
and anxious career. It was afterwards discovered, that with all his
acquirements and accomplishments, and with his natural gallantry, the
Duke was no practical soldier.
In obtaining an influence over the minds of his countrymen, the young
Duke possessed one great advantage. He was descended from a House noted
for the highest principles of honour.[219]
"To give the reader an undeniable proof of the generous maxims of that
House," says the author of Lochiell's memoirs, "it will be proper to
notice, that, by the laws of Scotland, no person succeeding to an estate
is, in a legal sense, vested in the property until he serves himself
heir to the person from whom he derives his title. The heir often took
the advantage of this when the creditors were negligent, and passing by
his father, and perhaps his grandfather, served heir to him who was last
infefted; for unless they were actually seised of the estate according
to the forms of law, they were no more than simple possessors, and could
not encumber the land with any deed or debts; whereby the heir got clear
of all that intervened betwixt himself and the person whom he
represented by his service. This was an unjustifiable practice, which
the diligence of creditors might always have prevented; and which is now
wholly prevented by an act of parliament obliging every one possessing
an estate to pay the debts of his predecessors, as well as his own,
whether representing them by a service or not.
"But the House of Perth was always so firmly attached to honour and
justice, that there are no less than fifteen retours, descending
lineally from father to son, extant among their records.
"Now a retour is a writ returned from the Court of Attorney, testifying
the service of every succeeding heir; and is therefore an
unexceptionable evidence of paying his predecessor's debts, and of
performing his obligations and deeds. Such has been, and still is, the
uniform practice of the truly noble Lords of the House of Montrose and,
perhaps, some others of the ancient nobility have followed the same
course, which will not only entail a blessing upon their family and
posterity, but wi
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