[1703/5/72]¹

Judicial proceedings: action for remedy at law

The action for remedy at law, at the instance of [Thomas Fotheringham], laird of Powrie against [Patrick Gray], lord Gray, called and debated by the advocates for either party at full length, in advising of which debate, it being moved that the lords of session should be declined to judge in the cause as having pronounced the decreet in question, it was put to the vote if the lords of session who were members of parliament could be declined in the cause yes or no, and carried no. It was then moved that in order to the decision the vote might be stated in these terms namely: if the size fish² libelled fell under the disposition and clause of warrandice in favour of Powrie, yes or no; and, it being moved thereafter that the vote might be rather stated in the words, adhere etc. or alter the decreet, it was put to the vote whether the first or second should be voted and carried the second state.