Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The King's Advocate and some of the Vassals of Scoon v. The Viscount of Stormont
Date: 28 January 1697
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The King's Advocate, and some of the Vassals of the Abbacy of Scoon, pursue a declarator against the Viscount of Stormont, Lord of Erection of that Abbacy, That, though he had right to their feu-duties till redeemed, yet he had no right to exact the services in their charters of harriage and carriage, or the like; but the same belonged to the King, their superior.
It was alleged,—No process at the King's Advocate's instance, for he can pursue none of the King's vassals without a special mandate and warrant from his Majesty, else he might vex all the subjects; as was justly decided, 20th January 1680, The Earl of Southesk against Melgum and Others. And as to the heritors concurring with the King's Advocate, No process at their instance either; because their seasines were not given out ab initio with the process, but dropped in since.
Answered to the first, It is only in reductions and improbations that the King's Advocate needs a special warrant; second, The feuars' rights are now produced.
Replied,—They must show a right before the Act of Annexation 1587.
Sundry of the Lords were clear to sustain process, on the defender's seeing the production in the clerk's hands: But others thought it mali exempli that such unfavourable pursuits should be encouraged, (for they found the King's Advocate cannot insist alone;) and they refused process till the titles of the vassals were given out to be seen in communi forma.
