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The Laird of Auchnomus being denounced to the horn, at his goodsire's instance, for not fulfilling of a decreet-arbitral decerning his oye to content and pay to him a chalder of victual of the crop 1615 and in time coming during his life-time, he suspends. The suspension lies undiscussed, because the oye makes payment of the victual for that year. Thereafter, the goodsire charges the oye for the crop 1616, and denounces him to the horn, and this horning is produced by James Hay of Tourlands against Auchnomus, to debar him ab agendo in an action pursued by Tourlands against Auchnomus. It is alleged, that this horning produced is null, because the same being for not fulfilling of the decreet-arbitral, and once suspended, could never be executed against him till the first suspension were discussed; which reason the Lords found relevant to make the alleged rebel stand in judgment, without prejudice to the user of the horning to pursue, or any other thing following thereupon.
1633. February 8.—The Laird of Auchnomus being charged by his father for fulfilling of a decreet-arbitral, in anno 1616, and specially for payment of certain duties which, by the said decreet-arbitral, he was ordained to pay to his father, during his life-time, yearly, the son suspends, which lies over to be discussed; but, in the mean time, the son makes payment to the father for the year 1616, in anno 1618. The father charges the son by the former letters to fulfill the said decreet 1617, and denounces him to the horn; whereupon John Hay, superior to the said young Laird, pursues for a declarator of his life-rent. It was alleged for Aikman, that this horning was null, in respect the letters, and hail contents of the decreet-arbitral, which were the ground of the charge, were suspended in anno 1616, and the suspension intimated to the parties before denunciation, so no posterior charge given upon the letters which were suspended could be a ground to denounce him. It was replied, that the obedience given to the first charge by the son is a passing from the suspension; and he might very well charge for the subsequent years, without discussing the suspension. The Lords found the exception relevant.
