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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir William Purvess v The Conventiclers. [1676] 1 Brn 765 (26 July 1676)
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[1676] 1 Brn 765      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Sir William Purvess
v.
The Conventiclers

Date: 26 July 1676

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In a pursuit at Sir William's instance, as his majesty's agent, against conventicle-keepers, for payment of the fines imposed by the Act of Parliament; compearance being made by advocates for the persons cited, as likewise some beingcalled as intercommuners,—by report to the whole Lords, it was advised, If advocates could compear, consult, and plead for them.

It was found, That all who were denounced rebels, and not relaxed, they had not personam standi in judicio, and no defence could be proponed by them; and as to the intercommnners, that no advocate could meet or consult with them, all communication being interdicted. Which seemed hard to some; seeing, 64 Act Parl, advocates are allowed to consult and plead for those accused of treason, which is a higher crime.

Page 573.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1676/Brn010765-1744.html