Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
Daniel Arthur and Patrick Coutts v. Archibald Cockburn
Date: 17 November 1702
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Daniel Arthur and Patrick Coutts against Archibald Cockburn, merchant in Edinburgh, for payment of 500 crowns contained in an accepted bill.
Alleged,—That he offered to prove, by Stephen Denis, merchant in Bourdeaux, their constituent's oath, that he had got payment of that sum from Mr Galt the drawer. And a commission being directed for taking his oath at Bourdeaux, the same was disappointed by Monsieur Mercie, the commissioner named, his refusing to accept; and being now craved to be renewed, the difficulty occurring to the Lords was, That the war being now declared with France, no commission could be directed to Bourdeaux; for that were corresponding with the Queen's enemies, contrary to the Act of Parliament. For obviating whereof, the Lords ordained them to condescend upon a place where the commission should be executed, either lying within the Queen's dominions, or the countries belonging to some of her allies, such as Germany, Holland, and the like.
