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Scottish Court of Session Decisions >>
The Commissary of Peebles v a Bailie of Regality. [1680] 3 Brn 361 (24 June 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030361-0474.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Commissary of Peebles v. a Bailie of Regality
Date: 24 June 1680
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There was a competition betwixt the Commissary of Peebles and a Bishop's Bailie of a Regality there, which of them was most competent judge to a slander of calling one a thief. Alleged for the Bailie of Regality,—That a regality had power of repledgiation from all other courts, whether in matters civil or criminal; and so the curia Christianitatis should not have meddled to judge here; especially he being a churchman's bailie, and so as capable to judge on scandal as the Official or Commissary. This went to the Lords' answer; but it was the general opinion, that the Commissary was more competent, especially being an ecclesiastic regality, who do not so properly repledge, but only sit and concur with the other judge.
