A Dictionary of the Older Scottish Tongue (up to 1700)
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First published 2001 (DOST Vol. X).
This entry has not been updated since then but may contain minor corrections and revisions.
Surrogatioun(e, -tion(e, n. [Late L. surrogātiōn-, f. as Surrogate v. Cf. e.m.E. surrogation (1600).]
1. Appointment, election; substitution (of one person in another's place).1533 Bell. Livy II 195/21.
Becaus sa grete myscheif fell to Romanis eftir the surrogatioun of the said censore, it was statute that na censor salbe surrogate in tymes cummyng in the place of the censore that is deceissit 1554 Reg. Cupar A. II 253.
Componit with Jame Gibbon … and Donald Burn … for interchangeing and surrogatione of thame in vthiris rowmis
2. specif. The appointment of interested parties as executors of an intestate estate in place of a procurator-fiscal already appointed by a commissary court.c1630 Hope Minor Practicks (1726) 424.
But if no nomination was produced, then if the relict and bairns compeared, and desired the office of executry, the judge decerns them executors … And if none compeared the judge decerneth his own procurator-fiscal. But thereafter by a supplication given in to the judge, by the relict and bairns, and any other in kin … or any having any reasonable interest, they will be surrogate in place of the procurator-fiscal in the office of executry, which is called, decreet of surrogation 1667 Kirkcudbr. Test. (Reg. H.).
The sowmes of money … conteinit in the assignation … eftermentionat as the decreit of executrie and act of surrogatioun following theirvpon at lenth proportis 1672 Kirkcudbr. Sheriff Ct. Processes No. 143.
First it is desyred that the said Jannet and Margrat Cavens … produce the testament dative to which they alledge they have right be surrogatioune 1696 Fountainhall Decis. I 730.
The debt by the transaction became innovate, and there is no surrogation in the case
