Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Maitland of Pitreichie v. The Laird of Geicht
Date: 1 December 1669
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Maitland of Pitreichie pursuing a recognition of the Laird of Geicht's estate; alleged, the defenders purchased rights of that estate, according to the laws then in force, viz. an act of Parliament made in 1641, (it is the 58th act,) whereby vassals of wardlands were permitted to subinfeudate their wardlands, without the superior's consent, and yet not incur recognition; which act, though rescinded after in 1661, yet being in observantia at the time, and long thereafter, the defenders are sufficiently secured from this pursuit of recognition.
Replied,—That the Parliament, wherein that law was made, being declared void, and to have had no authority; that law could never defend against this pursuit; for there is a difference betwixt rescinding a particular statute made by lawful authority, and a rescinding the authority itself.
The Lords repelled the defence, and did recognosce. But they were equal in voices, and the President's vote did cast the balance. This might be convelled hereafter. [See 8th July, 1671, thir same parties.]
