Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
John Strachan v. Sir Alexander Forbes of Tolquhon
1683 and 1684.
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1683. February 22.—Mr John Strachan, minister, and Sir Alexander Forbes of Tolquhon's cause being reported by Kemnay, the Lords found Sir Alexander Forbes had lost the cause, in regard, pendente lite, he had beat the pursuer. Though it was alleged the beating arose on another quarrel, and not upon this process; he having only forced him to obey a caption against him, by helping him on horseback: and that he had already paid 10,000 merks of fine imposed upon him by the Privy Council for that same fault, whereof the said minister had gotten 500 merks for his expenses; et pænæ non debent acerbe bis exigi: and that the libel was for vicarage teinds, which in whole were not worth 1000 merks; yet he had libelled 9000 merks.
The Lords repelled all this, and decerned for the whole.
Vol. I. Page 222.
1684. March 29.—Mr John Strachan, minister, his cause, against Tolquhon, mentioned 22d February 1683, was brought in summarily, and advised: and the Lords found he had lost the plea, because he had beat him pendente lite.
