Scottish Court of Session Decisions

Subject_1 PUBLIC OFFICER.

John Pringle
v.
Quartermaster Cooke

Date: 29 July 1746
Case No. No 35.

Soldiers may not, at their own hands, intromit with the effects of persons alleged to have been rebels.

Such matters fall under the cognizance of the Sheriff.

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John Pringle writer to the signet, factor on the sequestrated estate of Stanhope, gave in a petition, shewing that James Sinclair, a tenant on the said estate, having been for some time absent from his family, and being suspected of having joined in the Rebellion, a party of St George's dragoons, then lying at Broughton, had seized and carried away his stocking off his farm, and praying the directions of the Court, how he should behave for the security of the creditors.

As the Lords did not think this petition sufficiently special, he afterwards charged the fact on Nathaniel Cooke quartermaster, commanding the party at Broughton, who thereon was ordered to be served with a copy.

Mr Cooke answered, that the fact was committed before he was appointed to the command, and that he had before the application replaced the goods upon the farm, and appointed a dragoon to take care of them. He also alleged, it was notorious James Sinclair was in the Rebellion.

“The Lords being of opinion it was only competent to the Sheriff to have any intromission with the effects of rebels, they directed Mr Cooke to remove his guard, giving warning thereof 24 hours before hand to the Sheriff; but as Mr Pringle had rashly accused him, they gave him the expense of his defence.”

Act. Lockhart. Alt. Miller. Clerk, Kirkpatirick. D. Falconer, No. 135. p. 167.