Altho' the books of adjournal bore that the pannel had confessed a spuilzie, this found no proof against him ad civilem effectum, as ha had reserved by protest all defences competent before a civil judge.
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The Lords absolved the Laird of Seafield from the wrongous and violent occupation of one half of the vicarage of Kinghorn's kirklands, and the waste of the other half, contained in the said Vicar's summons, raised against the said Laird upon an act of adjournal, in which was contained how the said Laird was indicted, came in the King's will, and found caution for satisfaction of party; because the said Laird in the justice ayre protested, that he might have all his defences in civil judgment, if any man afterwards pursued him for crimes, and because the confessions in such justice ayres are commonly made ex justo metu; and the said Vicar could not prove his allegeance before the Lords otherwise, albeit he had produced diverse witnesses to that effect before the Lords, therefore the Lords absolved.
