Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

James Stevinson
v.
Certain Indwellers in Dumfermling

Date: 20 January 1633

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It is a privilege of all free burghs within this kingdom, that the burgesses therein may arrest any man, found within the same, to answer, as law will, for any debt contracted by them, in trading and buying of wares and commodities from burgesses, but not for any debt constituted by bond and obligation. For this same cause, James Stevinson, citizen in St Andrew's, having arrested certain persons, indwellers in Dumfermling, and caused them find caution within St Andrew's, to answer, before the provost and bailies of that town, for the price of a pack of lint they had bought from him; afterwards convenes them before the said magistrates: from whom the defenders sought to have the cause advocated, because the provost, &c. foresaids, could not be judges to them, then dwelling within another jurisdiction; yet the Lords remitted it to be judged by them, as competent judges in the cause, in respect of the caution found.

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