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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date: 22 June 1672
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One being pursued for payment of a sum, he allegedthe same was a public debt, contracted upon the occasion of the late troubles; and that by act of Parliament in 1669, these debts were all suspended till they should give farther order thereanent.
Replied,—That the said act of Parliament has been found by the Lords to suspend only such debts as were contracted by the committee of estates, but not those which were only due by the committees of shires; of which last kind this debt now sought is. Item, that it is their own fault they are not paid, since in Midleton's Parliament they got a commission for stenting the shire till they were repaid.
Duplied, the Lords have made no such distinction of public debts; and that nothing can be imputed to them why they made not use of the said commission, because the said act of Parliament has supervened as medium impedimentum; and as it suspends all public debts, so also does it tacitly suspend their commission.
