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The Earl of Haddington having charged certain husbandmen in Preston for lawburrows, each one of them for 400 merks, they suspended, that conform to the act of Parliament, they ought to find caution only for L. 40 each. The suspension lies over undiscussed, while the Earl obtains decreet of contravention at the advising of the cause; and while the action was pursued, they protested, that the suspension should be discussed before sentence was pronounced. It was alleged, that after the deed of contravention, there could be no modification of pain craved. The Lords modified the pain conform to the act of Parliament, and conform thereto decerned the contravention.
