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Scottish Court of Session Decisions >>
Cockburn, Supplicant. [1708] Mor 1 (12 June 1708)
URL: http://www.bailii.org/scot/cases/ScotCS/1708/Mor0100001-002.html Cite as:
[1708] Mor 1
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Richard Cockburn elder of Clarkington, having retired to the Abbey, to save him from captions at his creditors instance, he there contracts about L. 35 Scots, in a change-house, for meat and drink furnished to him; and he being pursued before, the bailie of the Abbey, a decreet is taken against him, holding him as confessed, and thereupon he is incarcerated in a prison they have for delinquents, or such debtors.—He gives in a bill of suspension, craving to be set at liberty on these two reasons: 1mo, The decreet was a non suo judice, they having no jurisdiction for cognoscing on debts, 2do, He craves to be reponed to his oath, there being no other mean of probation against him.—Answered to the first, They were most competent to debts contracted within the precinct of the Abbey, especially for vivers. To the second, He was personally apprehended, and so could not pretend ignorance, and does not condescend on any thing to purge his contumacy at all; and the only thing he seemed to controvert was, the exorbitant articles of the account.——The Lords repelled his reasons of suspension, and refused his bill.—Some doubted of their having a prison, and thought he should have been transported to the Canongate, of Edinburgh tolbooth; but then his other creditors might have arrested him, which they cannot so well do in the Abbey, which is a sanctuary; sed quo jure, see it debated alibi; if it be as the King's palace, and of old a religious convent as well as a prison.
Fol. Dic. v. 2. p. 361. Fountainhall, vol. 2. p. 442.
