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Scottish Court of Session Decisions >>
Earl of Sutherland v M'Intosh of Conadge. [1664] Mor 7659 (22 July 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Mor1807659-364.html Cite as:
[1664] Mor 7659
Regalities cannot be prejudged by the fines of the Justices of the peace within the regalities, but such belong to the lords of regality.
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The Earl of Sutherland pursues M'Intosh of Conadge for the profit of a regality belonging to the Earl, viz. bloodwits, escheats, &c. whereof Conadge had obtained gift from the usurpers, the time that regalities were suppressed; and declared that he insisted for those only that were yet unuplifted, for which the parties fined had not made payment, albeit some of them had given bond. The defender alleged absolvitor, for bloodwits, and amerciaments, which might have been done by the Justices of Peace, because, as to these, the English had done no wrong; seeing the Justice of Peace might then, and may now, cognosce and fine for bloodwits, within the regality. The pursuer answered, that as he might have repledged from the Justice General, if he had not been impeded by the act of the usurpers, so much more might he have repledged from the Justices of Peace, and therefore any bloodwits decerned by them, belonged to him, as Lord of the regality.
The Lords repelled the defence, and found the deed of the Justice of Peace could not prejudge the pursuer.
