A man having absconded after he had been cited, on a summons executed at his dwelling-house, before calling the summons, a warrant was granted to cite him edictally at the market crosses of the head burghs of the shires where he dwelt, or haunted, to hold him as confessed, if he failed to appear when the summons should be called.
Click here to view a pdf copy of this documet : PDF Copy
The Duke of Montrose, and other Creditors of Robert Campbell, alias Rob Roy, after they had raised a summons for liquidating their debts and damages, and caused cite the said Rob Roy at his dwelling-place, did, before the cause came in to be called by course of the roll, apply to the Lords by bill, representing, that they intended to refer their libel to the defender's oath, in so far as it shall not be proved by writ; and that for several months he had fled and absconded, and kept himself in the Highlands without any fixed or certain abode, and craving ut infra. The Lords granted warrant for an edictal citation against the said Rob Roy, upon twenty-one and six days, at the market-crosses of the head burghs of the shires where he resided and haunted, in order to hold him confessed upon the libel, if he failed to appear; albeit some of the Lords thought, that since application had not been made for such a warrant, originally at the raising of the summons, it seemed preposterous or precipitant to give it now till the cause came in to be called before the Ordinary, till which time it cannot be known whether the defender will appear or not.
