[1736] 1 Elchies 1
Subject_1 ABBEY.
Munro
v.
M'Millan and Gillies
1736 ,June 25 .
Case No.No. 1.
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After heating counsel, the Lords, in respect the diligence to be executed did not issue out of this Court, found the petition not competent, and therefore dismissed it. Such as spoke seemed to think the Abbey was as much a sanctuary against the Crown's debts as the subject's, the diligence in both cases being by the King's authority, and in his name. 2dly, Even as to debts contracted in the Abbey, though the Bailie might imprison, or perhaps put the debtor out of the sanctuary, yet letters of caption could not be there executed, nor was this Court the proper Court, or officer, for dispensing with the privilege;—but in the end of the debate, it being mentioned that the diligence in question was no caption, but a Justice of Peace warrant, these points were not determined, but the above interlocutor given.—Vide a declaration of the Privy Council, 14th March 1678, directly against the first point. It is quoted by Fountainhall.
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