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.
Privative, adj. [F. privatif, -ive (16th c. in Hatz.-Darm.), having the quality of depriving, characterised by, denoting or expressing privation, e.m.E. privative (1598), L. prīvātīvus.] Of a jurisdiction or an authority, a right or an obligation: That deprives or excludes others, exclusive.?c1675 J. Gordon Hist. I 80.
A Christian magistrate, whoise authoritye … they affirmed not to be privative but cumulative 1679 Fountainhall Decis. I 61.
Under the great seal of both kingdoms, privative of all others Ib. 43. 1682 M.P. Brown Suppl. Decis. II 29.
So himself being now debtor with his lady jure mariti, was in mala fide to take any positive right or privative, by a discharge or restriction 16.. Macfarlane's Geog. Coll. III 73.
Privative jurisdiction is that, whereby one judge has the sole power … in judging all competitions betwixt such as have heretable rights 1694 Stirling B. Rec. II 69.
The sole and privative facultie and power to elect and present elders to the presbetrie 1694 M.P. Brown Suppl. Decis. IV 156.
That the Steward of Fyfe had a privative jurisdiction within his own territory, exclusive of the Sheriff 1697 Ib. 386.
The king's predecessors being long ago denuded of this jurisdiction, he could not … erect a new one privative of the old 1699 Fountainhall Decis. II 62.
Yet it is not so privative but the lords are also competent thereto
b. Also said of the person wielding the authority or jurisdiction or having the right or obligation: Exclusive, sole.1670 M.P. Brown Suppl. Decis. II 480.
It is offered to be proven that the keeper of the bench becomes solely and privative debtor for the same 1693 Fountainhall Decis. I 578.
And made the commission privative judges thereto 1694 Ib. 613.
