Found that a tenant was in bona fide to pay his mail to his master, although it was notour that the master was guilty of high treason; but the process was only in dependence in Parliament, and no sentence of forfeiture had been pronounced.
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Anent the action pursued by the Abbot of Balmerinoch against Durham of the Grange, for the mails of a fishing certain years bygone, it was alleged by the said Durham, That he was but a subtenant, and had the said fishing of John Lesly, who was principal tenant to the said Abbot, and he paid his mails to the said John, of whom he had the same in bona fide; and so the said Abbot has no action against him: The which exception was admitted by the Lords, and absolvitor given to the said Durham against the said Abbot.—Then it was alleged by the said Abbot, That the said John was at the slaughter of the Cardinal, who was cancelled and forfeited for the said cause; so that the said Durham was in mala fide, and should not have given his mail to the said John, after the committing of the said crime.—It was alleged by the said Durham, That he did no wrong in giving of his mail to the said John, any time before the sentence and declaration in Parliament of the forfeiture: Which was admitted, and absolvitor given from the petition of the said Abbot.
