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Scottish Court of Session Decisions >>
David Threipland v The Marquis of Douglas. [1696] 4 Brn 337 (8 December 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040337-0719.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
David Threipland v. The Marquis of Douglas
Date: 8 December 1696
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Philiphaugh reported Mr David Threipland against the Marquis of Douglas, as donatar to the Viscount of Dundee's forfeiture, for declaring Clavers's estate liable for the sum of £1400 Scots he violently took from his collectors of excise when he entered Dundee in 1689.
Alleged for the donatar,—That this was a debt contracted after Clavers was in actual rebellion, and the treasury should be liable for that, and have given the tacksman a proportional abatement and deduction of their tack-duty on that account; but the donatar cannot be burdened therewith.
Answered,—If it had been voluntarily lent, they not only deserved to lose their money, but to be demeaned as serving traitors; but, where it is taken manu forti, they have both the Lords of Treasury and the estate their debtors, conform to the Act of Convention in 1689.
The Lords found the Viscount's estate affectable with this debt. Some were for trying if it was applied to the use of the Highland army; in which case, being in statu belli, Clavers himself would have been free; but it was decided ut supra.
