Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 17 January 1685
Daniel Lockhart v. Cromwell Lockhart of Lee
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Daniel Lockhart, as assignee by Lockhart of Heids, charging Cromwell Lockhart of Lee, on a minute of sale, for the price of lands; and the reasons of suspension being ordained to be discussed on the bill:—Alleged for Lee,—That he was nominated by the Privy-Council to go to Clidesdale, and administrate the oath of abjuration of the Whigs' declaration to the people there; so his absence being necessary, and reipublicæ causa, no process could be sustained against him, but all behoved to sist during that interval.
Answered,—This was but causa absentiæ affectata, sought by himself, and he was but one of more commissioners: and it did not begin for a week; so medio tempore this affair might be discussed. Pitmedden demurring how far he might sustain process, and having reported it, the Lords, on the considerations foresaid, repelled the dilator.
