Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date: 25 January 1672
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A suspension having been quarrelled as passed, contrary to the regulations, in so far as by the nineteenth article thereof, it is ordained, that no decreet in forobe suspended if in the time of Session, till the bill be presented to the haill Lords; if in the vacance time, then it must be passed by three together; and that this suspension, though a decreet in foro, was passed only by one, viz. my Lord Newby th, and so was null.
This being taken to interlocutor, the Lords found the letters orderly proceeded, without respect to the suspension, unless the party would yet find sufficient caution, if he succumb in the suspension. It was a little rub on the Lord, but much more on the clerk to the Bills. It were much to be wished that a subsidiary action were tried against the clerks of that chamber, for receiving so many irresponsal cautioners as they do, especially where the insufficiency is intimated to them. Yet I confess, if that were brought in practice it might make that place very dangerous, yea a snare, and might draw more burden on Sir William Bruce than he is worth, since it is impossible for him to know the condition and solvency of all the lieges in Scotland; and it is enough they have a designation by land, and, in vulgar estimate, are reputed worth the sum charged for at that time when they are received. Vide more of this alibi; item, No. 489, [Historical Volume,] July 1676, Earl of Argyle and Maccleans.
