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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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