A comprising sustained, tho' the letters were signed on a Sunday, and the bill, which was the warrant of it, was dated on a Sunday, but the Lords inclined to make a statute to prohibit the like in time coming.
Click here to view a pdf copy of this documet : PDF Copy
In an action, Earl of Cassils against Macmartin and Andrew Lows, whereof mention is made, 15th of February, 1627. No. 1. p. 2167. voce Charge to enter Heir, the Lords repelled the allegeance, whereby it was alledged, that Mr. Andrew Low's comprising was null, because he had deduced the same, upon an heritable sum of money, the same not being made moveable before the comprising, which could not be sustained, seeing comprising could not be deduced, but for not payment of moveable sums. This allegance was found could not be received in this place, by way of suspension or exception, but only was competent to be received by way of reduction, albeit it was alleged, that it was instantly verified by consideration of the tenor of the bond, insert in the body of the comprising; which was repelled hoc loco, as said is. Item, in this same process the Lords sustained the comprising, albeit the letters whereby the same was raised, and the bill which was the warrant thereof, was dated upon a Sunday, and the letters signed upon a Sunday; whereby the party alledged, the same being done upon a Sunday, could not be found lawful, that day not being a convenient day for such acts; which was also repelled; for albeit of the law vox præconis debet cessare, yet there was no prohibition, which extended to acts which had no citation upon that day, and which albeit they were judicial, yet were not made for compearance before a Judge. But in this process, albeit this comprising was sustained, the Lords inclined to make a statute, to eschew the like in time to come, that no such acts should be done upon that day, the same being the Sabbath, wherein all acts should cease, which behoved to have a warrant from a Judge, to be given by a Judge that day, seing that day was appointed for divine service, and for no other act.
