William Gordon, Lord Strathnaver
Encyclopedia
William Gordon known by the courtesy title
Courtesy title
A courtesy title is a form of address in systems of nobility used for children, former wives and other close relatives of a peer. These styles are used 'by courtesy' in the sense that the relatives do not themselves hold substantive titles...

 of Lord Strathnaver from 4 March 1703, was a Member of Parliament (MP) in Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...

 in 1708. In 1719, the family name was changed to Sutherland, when his father was recognised as the Chief of Clan Sutherland
Clan Sutherland
Clan Sutherland is a Highland Scottish clan whose traditional territory is located in the region of Sutherland in northern highlands of Scotland and was one of the most powerful Scottish clans. The clan seat is at Dunrobin Castle, Sutherland...

.

Lord Strathnaver was the eldest son of John Gordon, 16th Earl of Sutherland
John Gordon, 16th Earl of Sutherland
John Gordon, 16th Earl of Sutherland PC was a Scottish nobleman and army officer.He was the only son of George Gordon, the 15th earl of Sutherland , and his wife, Jean....

. He died before his father so he never inherited the peerage.

He was elected the first MP for Tain Burghs
Tain Burghs (UK Parliament constituency)
Tain Burghs, was a constituency of the House of Commons of the Parliament of Great Britain from 1708 to 1801 and of the Parliament of the United Kingdom from 1801 to 1832, sometimes known as Northern Burghs. It was represented by one Member of Parliament .The first election in Tain Burghs was in 1708...

 on 26 May 1708.

The election of Lord Strathnaver and a number of other heirs to Scottish peerages were contested. Before the Act of Union 1707, the eldest sons of peers were ineligible to be elected to the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...

. No such restriction existed for the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...

. The question arose whether the eldest sons of Scottish peers could be elected to the Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...

, after the Union.

On 3 December 1708, the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...

 decided the issue, as at that time the House judged the eligibility of its members itself rather than leaving the issue to be decided by a Judge.

After the House called in counsel, the election petitions and representations in writing were read out and the lawyers put forward arguments for their clients. After counsel had withdrawn a question was formulated and put to a vote.

The proposition the House voted on was "that the eldest sons of the Peers of Scotland were capable by the Laws of Scotland at the time of the Union, to elect or be elected as Commissioners for the Shire
Shire
A shire is a traditional term for a division of land, found in the United Kingdom and in Australia. In parts of Australia, a shire is an administrative unit, but it is not synonymous with "county" there, which is a land registration unit. Individually, or as a suffix in Scotland and in the far...

 or Boroughs [sic, see Burgh
Burgh
A burgh was an autonomous corporate entity in Scotland and Northern England, usually a town. This type of administrative division existed from the 12th century, when King David I created the first royal burghs. Burgh status was broadly analogous to borough status, found in the rest of the United...

s] to the Parliament of Scotland; and therefore by the Treaty of Union are capable to elect, or be elected to represent any Shire or Borough [sic] in Scotland, to sit in the House of Commons of Great Britain".

The House rejected the motion and so declared that Lord Strathnaver was ineligible to be elected an MP for Tain Burghs.
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