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Scottish Court of Session Decisions >>
Sir James Rocheid v The Town of Edinburgh. [1686] 3 Brn 578 (22 January 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030578-0877.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 22 January 1686
Sir James Rocheid v. The Town of Edinburgh
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Sir James Rocheid produced, to the Town-Council of Edinburgh, the petition he had given in to his Majesty, showing he was illegally dispossessed of his place as clerk of Edinburgh; and that, when he craved entrance at the Town-Council door, to propone his defences, he was kept out, as mentioned 17th December 1684; with the King's deliverance thereon, remitting him to the Town-Council of Edinburgh to repone him, if they find, after hearing all parties, that he was illegally deprived; and declaring that, in this case, and in all time coming, the Magistrates and Town-Council shall be sole judges to their clerks; and discharging the Session or Privy-Council to meddle therewith. This was to hinder advocations or suspension of their proceedings. On this, the Town-Council suspend their two clerks, and ordain all to debate before them who have best right; and, in the mean time, Alexander Gay, depute, is appointed to officiate.
On the 29th of January, the Town-Council went through the particular grounds of Sir James Rocheid's deprivation; and such of them as they judged relevant were admitted to Mr John Richardson's probation: but he knowing they intended him no fair play, he neither made appearance nor opposition: so it was found, that Sir James was deprived without probation of a fault; and, on this sort of probation of his innocence, on the 5th of February they reponed him, and consequently James Hamilton, to their office of clerk; but they resolved to make it only durante beneplacito.
The removal of appellation was scrupled at; seeing Sir James himself had provoked to judgment, by raising a reduction before the Lords. But he may pass from it.
Yet an inferior court cannot reduce and annul their own decreet passed upon probation; which belongs to the Session only.
