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Gif ony persoun committis spuilzie, or dois ony deid hurtful or prejudicial to ane uther, and thairefter committis the crime of lese majestie or tressoun againis the King's hienes, and the persoun quha is hurt be the said spuilzie or uther deed, callis and perseuis the doar and committar thairof, and obtainis decrete againis him thairupon, be virtue quhairof he causis seik his movabill gudis to poind and distrenzie thame thairfoir, and because nane can be apprehendit he causis denunce his landis to be comprisit for executioun of the said decreet, and lauchfullie comprisis the samin befoir the executioun of ony summondis of tressoun, intentit at the King's instance against the committar of the said spuilzie or deed, the samin executioun and comprising is sufficient togidder with all chartouris infeftmentis and sasines followand thairupon, albeit the samin be gevin and maid after the intenting and executioun of the saidis summondis of tressoun, because the landis being lauchfullie comprisit befoir the execution of the said summondis of tressoun as said is, the awner of the samin committar of the said tressoun was denudit of the richt and propertie thairof; and sua the infeftment followand thairupon, as upon the ground richt of the comprising and assignation is gude and valid in the self, and may on na wayis be reducit and annullit at the King's instance; because the spuilzie or uther deid beand done befoir the committing of the said tressoun, and the decrete thairanent obtenit befoir the executioun of the summondis of tressoun should be principallie respectit and considerit quia uniuscujusque origo est primum inspicienda.
Balfour, (Forfeiture.) No 11. p. 563.*** Maitland reports the same case:
Anent the action persewed be J. Stewart of Cardowe against the Queen's Grace and Comptroller, for certain lands alleged be the said J. to pertene to him in heritage, and intromettit with be the said Comptroller in the Queen's name; it was alleged be the Queen's advocate, That her Grace nor the Comptroller did no wrong in the intromission with the said lands, because they pertained to umquhile the Earl of Lenox, and became in the Queen's hands be reason of forfaulture of the said Earl, for the crime of lese majestie. It was alleged be the said J., That, long before the said forfalture, the said Earl had intromittit spuilzie, for the whilk the said J. had called the said Earl before the Lords of Council, and obtained ane decreet of spuilzie against the said Earl, and apprisit his lands and obtained infeftment thereupon. It was alleged be the said Queen's advocate and Comptroller, That the crime of lese majestie was committit before the apprising of the said lands, and the doom and sentence of forfaulture given against the said Earl, or ever the said J. obtained sasine of the said lands. It was alleged be the said J., That the said spuilzie was committit be the said Earl, and als the decreet of spuilzie was obtained, and the said lands were apprysit, or ever the summonds were raised upon the said Earl, and the infeftment obtained or ever the sentence was given against the said Earl, albeit sasine was not taken while afterwards the Lords of Council decernit be their decreet the said lands to pertene to the said J. in heritage, notwithstanding the allegeance of the said advocate and Comptroller, because the said spuilzie was committed and summons raisit thairupon, and depending before the committing of the crime, and the apprising of the said lands made and deduced before the summons raised against the said Earl, whilk apprising was venditio necessaria, and denudit the said Earl of the said lands, so that he could forfeit no more lands than was in his hands the time of the raising of the summons and giving of sentence.
