Scottish Court of Session Decisions

Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Anent the King's Hypothec

Date: 9 March 1671

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Several creditors contending for the escheat of James Hamilton the Collector, before the Exchequer, Mr. Stamfield was preferred to it, but with the burden of 5 or 6000 pounds Scots, due by the rebel to the king for custom and excise, which he behoved presently to lay down over the board ere they would expeds the gift to him. This quality being so heavy, made him doubt much if he should so accept the gift or no. This speaks the king's privilege of a tacit hypothec, by which the law prefers him to all others for his dues, though never so lawful creditors.—See June 10, 1631, and my marks there, Peebles against Scot.—See Manuscript E, June 16, 1681, Broomhal, page 202.

Advocates' MS. No. 163, folio 95.