Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Margaret Scrymger and Dowgall M'Pherson
v.
The Earl of Northesk

Date: 18 June 1674

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There being a dependence of an action at Margaret Scrymger's instance, against the Earl of Northesk, wherein Dowgall M'Pherson, her father-in-law, was compearing for his interest; there was a bill given in, craving that the said Dowgall being under caption, and residing within the Abbey for eschewing the execution thereof, he might have a protection for his person to attend the said action, being the only person who could inform; his good-daughter being but a young gentlewoman, who had no knowledge of the business of law.

It was answered, That the granting of protection to any person who was denounced rebel, and under the hazard of caption, was prohibited by the Act of Parliament; and albeit the Lords did some time grant the same, to defenders who were cited to give their oath, for a certain time, within which they might come in to depone, and return to their own dwelling; yet they never did grant a protection to a pursuer, that he might have personam standi in judicio, and follow forth actions at his instance as a free liege.

The Lords, notwithstanding of the answer, did grant a protection until the end of the session.

Page 417.