Whether the Court can suspend Decrees of Sovereign Courts.
Innes v. Forbes of Touchon
Date: 16 December 1664 Case No. No 130.
The Court of Session competent to review the Justice General's decree for assythment.
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Innes having charged Forbes of Touchon on an act of adjournal, for an assythment, for wounding him, and reparation of his blood, he suspended, and alleged the act was null, wanting citation, compearance, or probation. It was answered, That being the act of the Justice-General, who is supreme in criminalibus, it cannot be recognosced by the Lords.
The Lords having considered the case amongst themselves, thought that in what was truly criminal, as to corporal pains or amerciaments in way of punishment, they would not meddle with the Justice's sentences; but assythment, being civil for the damage and interest of the party, pursuable before the Lords, they might recognosce thereon; and therefore in respect that the probation of the fact was by a process before the bailies, they ordained that process to be produced before answer, and the suspender to condescend if there was any exorbitancy in the sum decerned for the assythment.
