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Scottish National Dictionary (1700–)

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First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.

PROTEST, v., n. Sc. usages:

I. v. 1. As in Eng. Derivs.: (1) protestation, n., in Sc. Law (i) the remedy open to a defender against whom an action has been raised but not pursued, the “procedure by which a defender in the Court of Session compels the pursuer either to proceed with his action or end it” (Sc. 1946 A. D. Gibb Legal Terms 70). See also 1838 quot.; (ii) in phr. protestation for remeid in (of) law, an appeal from a decision of the Court of Session to the Scots Parliament, established by the Claim of Right to William of Orange (1689), (Ib.). Now hist. See also Remeid; (2) Protesters, -ors, n.pl., the name given to those Presbyterians who opposed union with the Royalist party in 1650. They were also known as Anti-Engagers and Remonstrants. Hist.(1) (i) Sc. 1739 Acts of Sederunt (7 July) 325:
The Lords rebuked Thomas Butter, Keeper of the minute book, for keeping up a protestation after the same had been read in the minute book.Sc. 1838 W. Bell Dict. Law Scot. 796:
Where a pursuer, advocator or suspender, after having raised an action, fails to insist in it, his opponent, by means of protestation, may compel him either to proceed or to suffer the action to fall . . . [This] is done by delivering to one of the Outer-House clerks, a note for insertion in the minute-book of the Court of Session . . . This note . . . is called a protestation.Sc. 1931 Encycl. Laws Scot. XI. 557:
A pursuer may be reponed against a protestation for not calling at any time not later than ten days after it has been given out for extract.(ii) Sc. 1700 Fountainhall Decisions II. 102:
John Cochran of Ochiltrie, brother-in-law to the Earl of Kincardin, gave in a protestation to the parliament for remeid of law against the Lords interlocutor.Sc. 1819 Scott Bride of Lamm. xv.:
An appeal to the old Scottish Parliament, or, as it was technically termed, “a protestation for remeid in law.”(2) Sc. 1722 R. Wodrow Corresp. (1843) II. 630:
His pieces he wrote in the debate with the Protesters contain . . . many things as to the History of this Church.Sc. 1816 Scott O. Mortality v.:
They had parted . . . at the time when the kingdom of Scotland was divided into Resolutioners and Protestors.Sc. 1911 P. H. Brown Hist. Scot. II. 284:
After an unflinching arraignment of the whole policy of the Government, the “Remonstrants” or “Protesters” as they were thence forward to be called, rejected Charles as their King till he had given satisfactory evidence “of the reality of his profession.”Sc. 1943 J. Macleod Sc. Theology 179:
The outcome of the virtual schism of 1652 between Resolutioners and Protesters was to be seen in the laxer attitude as to Church unity that was to be shown by the Cameronian party and now by the Seceders.

2. To make formal request, demand as a right in certain contingencies, stipulate.Sc. 1752 J. Louthian Form of Process 113:
Of old, before enclosing the Jury, the Lord Advocate or Prosecutor used to protest for an Assize of Error against the Inquest, if they assoilzied.Sc. 1946 A. D. Gibb Legal Terms 70:
Demands for payment of money due and intimation of assignation may be made by way of a notarial instrument in which the Notary “protests” that the debtor shall be liable on non-payment to the consequences set forth in the instrument.

II. n. = Instrument, I., esp. in phr. to take a protest, to register a formal objection. See Tak, v.