Scottish Court of Session Decisions

Subject_1 PRIVILEGE.

Creditors of the Earl of Hume

1741, Dec. 8.
Case No. No. 3.

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In a maills or duties, or some such process, concerning the Earl of Hume's estate, Drummore reported to us whether the competition may go on betwixt the creditors, notwithstanding privilege of Earl Hume?—and by a great majority it carried that the process must stop during the Earl's privilege, even as to the competition among the creditors. On this occasion the President told us, that by the practice in England, privilege could not be pleaded nor allowed without a writ of privilege under the Great Seal. But Arniston told us he had enquired into that matter; that writs of privilege have been in disuse for a long time, I believe 100 years, but now when privilege was pleaded, it is enough to produce in Court the return, or a certificate from the Crown-office of his being returned; but in the case of a Peer that is not necessary. But as this is the case of a Scots Peer who has no privilege but by being elected, and as the return of that election is made to the Crown-office, as that of the Commons is, it would seem that the same evidence of the election would be necessary here as in the other case.