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The town of Stirling having charged the inhabitants of Falkirk to forbear the trade of freemen, they having found caution, the letters were suspended. Now the town pursues an action of contravention of the caution, by importing and exporting staple-goods. The defenders alleged, No process, because there was only citation on six days, whereas contraventions and declarators ought to be on twenty-one days. 2do, The burgh ought to produce their charter to instruct them to be a free burgh. 3tio, The Earl of Callendar, who is Lord of the regality, and whose right may be prejudged, ought to have been called. The pursuer, to the first, opponed the summons containing a privilege by the Lords. To the second, their notoriety of being a burgh-royal. To the third, the defenders act of caution, whereupon process was founded, and the defenders might have intimated to their superior, if they pleased.
