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Scottish Court of Session Decisions >>
Lord Cranston v Anne Turnbull. [1681] Mor 15801 (00 December 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor3615801-032.html Cite as:
[1681] Mor 15801
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My Lord Cranston, for making up the tenor of the verdict of an assize, by which one Turnbull was forfeited, produced several writs relative thereto, though not narrating it ad longum, viz. the King’s presentation of the lands, with consent of the Treasurer, &c. and the infeftment thereon by the Lord Angus, superior, whereby the Lords of Cranston had been in possession since the year 1610.
It was alleged against the forfeiture: That the same being pronounced by the Justice court holden by the Earl of Dunbar, for the alleged crimes of treasonable theft in landed men, and especially treasonable fire-raising, that are placitæ coronæ, these ought to have been expressly mentioned in the commission; whereas, it mentions no treasonable crime, but only thefts, depredations, reiffs, and routs.
Answered: The commission of Justiciary, of its own nature, includes a capacity for all crimes; and the act of Parliament 1610 insinuates as much; 2do, The King’s presentation, then recent, expresseth these crimes to have been the cause of forfeiture.
The defender, the rebel’s daughter, being a poor woman, the Lords recommended to one of their number to get my Lord Cranston to give her some consideration; and so the matter ended friendly, and the tenor was decerned for his security.
