Manuscripta juridica

Decisiones curiae supremae Scotiae - Practicks 1649/6/14 - 1650/1/25

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Author(s):

• Robert MacGill Lord Foord

No. of pages: Fol. 1r-92v

Rubric: Certaine Practicks composed and framed be the authour heirof, as they were observed and decided befoir the Lords of Counsell and Sessione in the tyme that the said authour was one of the Senatours of the Colledge of Justice. Copyed and begunne to be writtin the 15 day of March 1650, but they begin in June 1649.

[{i}Mention of author only supplied by a later hand:{/i}] MacGill Lord Foorde or Fingask his Practiques.

[{i}First items:{/i}].

[{i}Heading in the margin:{/i}] Anent arreisted moneyes against principall and cautioner, whair the band was alleadged to be blanke in the creditor his name, betwixt the Ladie Chasters, Duke Hamiltoun and my Lord Belheaven

Incipit:

• [{i}Text:{/i}] The fourteenth day of Junii 1649. In the caus persewed and disputed J. P. D. betwixt Margaret Home Ladie Chasters and George Dowglas her sone, and my Lord Belheaven defender, for makeing arreisted guids furthcomand, the persewares insisted to have ane decreit out, alleadged given be the Lords of befoir against the defender ... Bot the Lords of befoir, and now againe, suspends the lettres in favour of my Lord Belhaven cautioner, becaus the principall who should releive him did deny the lybell, et fidejussoris obligatio est accessio principali, ita ut liberato reo liberatur et fidejussor, qui in duriorem sortem aut conditionem obligari non potest. Et multis casibus fidejussor non teneatur, licet ipse reus obligatur. Titulo de fidejussoribus, ff. [D.46.1] ... And upon the 19 day assignes the 28 to summond such witnesses as are condescended, upon the defender being warned, apud acta. The 15 or 16 of June 1649 it was supplicate that for farder trying anent the band, certaine uther persones might be examined be the Lords, ex nobili officio, and that my Lord Belheaven himselfe might be reexamined. Quhilk the Lords granted, reservand to themselfes quhat it might worke, since the Duke his depositione caried (according to his memorie and knowledge) ... should crave suspensione of anie executione that should pas against him.

  [{i}Heading in the margin:{/i}] Anent failzies and penalties.

  [{i}Text:{/i}] Eodem die. In the cause of suspensione at the instance of Burnet against Murray, anent the suspenders band and his cautioner conteining libras stirl. for the failzie ... Item in favoures of the Laird of Bochrum.

  The 19 of Junii 1649. In the second suspensione at Robert Miller his instance against Mr. Robert Stewart, charger for his tocher, it was found that ... and quhilk in the matter of not liquidatione opposes quod per eum steterit.

  Eodem die. In the suspensione raised be the bailzies of the Quenesferrie against Samuel Wilsone charger ... conteined in the Stent Roll.

  (Pag. 181) The 24 and 25 dayes of Januar 1650. In the actione of compt and reckoning at the instance of Margaret Home, donatar to umquhill Johne Home his escheite against Mr. Alexander Home and Johne Bonnar.

  [{i}Last two items, fol. 182v:{/i}] The foirsaides dayes. In the suspensione William Grant contra Grant of Ballandalloch ... and farder it being amongst them donatio inter virum et uxorem, tacite revocata fuit be the redemptione and renounciatione.

  The foirsaids dayes. In the [{i}here the text breaks off, leaving the remaining three lines of the page blank{/i}]