Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Hume
v.
The Sheriff of Berwick

Date: 23 December 1630

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The L. of Rentoun, as sheriff of Berwick, being charged by Hume of Law, to take L. Wedderburn rebel, for debt; and he suspending, that, the time of the charge, he being employed by the Lords of Council to try certain witches, and do justice upon them, he was at that time actually in judgment sitting, doing justice in executing of that commission, within the kirk of Eymouth, where a great number of the country people were convened for that effect; and which being of greater importance than the other wherewith he was charged, he could not desert the same to do the lesser, and thereby to disappoint the service wherein he was intrusted, and was executing;—this reason was not sustained; because the charger offered to prove that the rebel was, at that time of the charge, then present conferring with the sheriff, and sitting close in judgment beside him; at which time he did no manner of diligence against him to apprehend him, as he then ought, and might have done, and could allege no cause why he might not have offered then some obedience to the charge, by some sort of diligence.

Act. Craig. Alt. ——. Scot, Clerk.

Page 550.