All actions against a person taken by the enemy, cease till his return.
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Gif any of our Saverane Lordis liegis be taken be his enemies, and haldin be them in captivitie or prisoner, he may not be callit and perseuit induring the time of the captivitie and subjection, for any action of spuilzie, ejection, thift, slauchter, murther, or other cause, civil or criminal, done or committet by them, or any of thame, until he be releivit, and restorit to libertie.
Fol. Dic. v. 1. p. 120. Balfour,(Defender.) p. 296.
*** Execution by horning may go on against a captive. See Oliphant against Innes, from. Sinclair MS. voce Legal Diligence.
