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Major Stirling having arrested, in Mr. James Aikenhead's hands, certain silver plate pertaining to Colonel Cunninghame, for satisfying of 300 merks, addebted by the said Colonel to Andrew Stirling of Law, brother to the Major, and which he was obliged to pay to his said brother, in name of the said Major; whereupon the said Mr. James being pursued to make the arrested goods forth-coming; it was alleged by Mr. James, that the principal bond was suspended by the Colonel, so that, till that suspension were discussed, no process could be granted upon this pursuit, seeing this pursuit is but a part of the execution of that bond, which is suspended. The Lords repelled this exception, seeing the principal party was called in this process, who might propone, by way of exception, any reasons contained in that suspension, which might elide the principal debt.
