Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Secretaries of State, and Duncan Robertson v. The Earl of Argyle, and Colline Campbell
Date: 25 January 1693
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The Secretaries of State, and Mr. Duncan Robertson, against the Earl of Argyle, and Colline Campbell, his sheriff-clerk of Argyleshire. Duncan Robertson alleged,—He was summarily dispossessed, in Nov. 1689, of his office of clerk, and therefore ought to be repossessed, and Colline put to a declarator of his right.
The Lords found, that forfeited persons restored per modum justitiœ needed not raise declarators of their rights, but might summarily re-enter. And therefore ordained the Earl and Mr. Duncan, presently to debate and discuss the point of right, whether the Earl, by his charters and possession, had the right of placing the sheriff-clerk of Argyle; seeing in other shires the nomination of these clerks belonged to the Secretaries of State, from whom Mr. Duncan derived his right, during the time the late Earl stood forfeit.
