Scottish Court of Session Decisions

Subject_1 MESSENGER.

Lieutenant Hope
v.
Drummond

Case No. No. 2.

Click here to view a pdf copy of this documet : PDF Copy

One Drummond being complained of for executing a caption against Sir Alexander Hope in the Infirmary, whether lie had been sent by advice on account of madness, and carrying him to a tavern where he took about L.4 from him of the debt on receipt, and praying warrant to seize Drummond, and to detain Sir Alexander in the Infirmary;—we remitted to Kilkerran, Ordinary, to enquire into Sir Alexander's condition, and meantime on the attestations produced, granted warrant to detain him in the Infirmary, and also to apprehend Drummond, 13th January 1749. And after examining Drummond and taking a proof, the Court, 28th February, found the execution of the caption illegal and oppressive, with a malicious intention to extort money, and deprived the messenger both of his office of messenger and notary, (which he also was) and committed him to prison for a month. But we did not lay it on Sir Alexander's madness alone, for Drummond's lawyers argued, and pretty plausibly, that madness, though even apparent, was no protection against executing the King's letters against a rebel, or even against executing a judgment of commitment.