Scottish Court of Session Decisions

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

Lady Barns
v.
Jean Guill

Date: 11 February 1634

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A sentence obtained before the commissary of Aberdeen, holding the defender as confessed, was found null, because it was given the time of the sitting of Parliament; in which time it was found that no judge could proceed in any part of the kingdom: For the Parliament sitting, which was the Supreme Court and Convention of all the Estates, and proclamation being made to all the lieges thereof, all the lieges were thereby freed from appearing in any other judgment-place, and might in reason attend the Supreme Court, and wait upon the ordinances and laws there to be made,—the extent of that court being universal, and reaching to all the subjects. Neither was it respected, that both the parties were women; whereby it was alleged by the charger, that they had neither necessity to attend, nor was there probability that they should attend at Parliament; for it was found, that no judge ought then to sit, but that all judgments and other courts should be silent during the time of Parliament. Therefore they reponed the defender, who was suspender, to her defences, as the decreet were not given; to be proponed in the same place of suspension, without necessity to put the party to any other new pursuit therefore.

Act. Oliphant. Alt. Heriot. Hay, Clerk.

Page 703.