Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.
Subject_2 DIVISION XVI.

Interruption of the Positive Prescription.

His Majesty's Advocate
v.
Laird of Pincaitland

Date: 14 July 1630
Case No. No 456.

Click here to view a pdf copy of this documet : PDF Copy

Conform to the statute (anent prescription) in an action pursued by his Majesty's Advocate, Sir Thomas Hope, and Treasurer, 14th July 1630, against the Laird of Pincaitland, for the duty of viccarage lands of Pincaitland, set in tack to the Laird of Pincaitland, unconfirmed in anno 1558, the Laird of Pincaitland alleged by Mr Roger Mowat, his procurator, That he and his predecessors had bruiked the said lands, conform to his right, more than 40 years without interruption; and by virtue of the act anent prescription of heritable rights, James VI. Parl. 22d, cap. 12th, the King's Advocate could not be heard to quarrel his right, which was prescribed. To which it was answered by Sir Thomas Hope, That the King's Majesty, conform to the Lords' statute, had made lawful interruption by the publication of the said statute at the market-cross of Haddington, where the lands lie, and the cross of Edinburgh, where the defender dwells, before the outrunning of 13 years, granted by the estates in the said Parliament. To which it was replied, That the statute of the Lords could not derogate to the express words of the act of Parliament, which ordained interruptions to be made by lawful citation of parties. To which is was triplied by his Majesty's Advocate, That the statute did not derogate to the act of Parliament, but explained the same anent the manner and form of citation in causes concerning the King. The Lords found the King should be answered and obeyed of the duties, notwithstanding of the alleged prescription, in respect of the foresaid interruption.

Auchinleck, MS. p. 163.