Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Protections
Date: 2 February 1672
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It was questioned this day amongst the advocates, if a protection could defend one from a caption taken out against him upon a decreet for exhibition of writs. It seemed to be out of question that it would not, seeing a protection defended his person against civil debts, but not from such deeds as these.
It was also doubted whether a man at the horn, who has not personam standi in judicio, obtaining a protection, so redintegrates his state that he may pursue or defend. And it was thought it did not, because protections being odious should not be enlarged; and a horning has all its civil effects, notwithstanding of a protection, save only caption; so that annualrent will be due thereon, his escheat may be gifted, and so of all the rest.
