A Dictionary of the Older Scottish Tongue (up to 1700)
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First published 1986 (DOST Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.
Quotation dates: 1630-1698
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Preference, n. [e.m.E. prefer(r)ence (1603), in this sense (1665), F. préférence (14th c. in Littré), med. L. præferentia.] Privileged right to complete payment before any competing claims are met; prior claim to payment. = Prelatio(u)n n. 2.(1630) Durie Decis. 526.
Because the same [legacy] was left ad pios usus, which ought to have the preference to all other legacies, the Lords found that there ought no preference to be given to any of thir legacies before others … for all the preference which in law a legacy ad pios usus had before other legacies, was only where the defuncts gear was sufficient to pay all a1646 Spotisw. Practicks 195.
Sir William Scott having exhausted by legacies the part due to himself in testament, the legatars after his decease did strive among themselves for preference 1676 Reg. Privy C. 3 Ser. IV 524.
John Moriesone … being … desyrous that the whole rent should be applyed for satisfieing the creditours did consent to a decreitt of preference 1681 Stair Inst. iv xxxv § 1 (1832) 661.
They may allege the same in competitions when many several rights contend for one common subject and do insist for preference; which ordinarily are referred to an auditor … who considers all the … evidents produced and reports any difficulty in the preference of them, whereupon a decreet of preference or ranking followeth 1681 Ib. §5 662; etc.
The Roman law gives privilege and preference to the tochers of women in competition with the creditors of their husbands 1693 Acts IX 271 title.
Act concerning the preference of real rights 1693 Ib. 271/1. 1698) Fountainhall Decis. I 825( (see Prelatio(u)n n. 2).
