Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
The Commissaries of Edinburgh v. The Sheriff and his Deputes
Date: 8 July 1671
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The commissaries of Edinburgh, and the sheriff and his deputes falling in contest about that seat in the north side of the hall, each of them laying claim thereto as their own; and the matter being brought before the Lords by a bill given in by the commissaries; the Lords found, that before the building of the Parliament house, they had different seats, and that they so continued till both the offices came to be in person of one, viz. of Claud Hamilton, in the beginning of the English, who having done with the one Court, sat still and keeped the other; and that sinsyne the sheriff deputes have used that seat through tolerance from the commissaries; and therefore find they may either take their own way for getting a new seat; or if they please they may sit down and hold their court at twelve o'clock when the commissaries are up. If there had been an active sheriff, (he being both far more honourable and far more ancient than the commissariot,) it may be thought he would not have lost the interlocutor.
