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Scottish Court of Session Decisions >>
Major Hew Buntain v The Earl of Aberdeen. [1692] 4 Brn 37 (29 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040037-0078.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Major Hew Buntain v. The Earl of Aberdeen
Date: 29 December 1692
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Major Hew Buntain against the Earl of Aberdeen; who alleged he should have applied to the King or Treasury, in 1682, and gotten payment of his dues for his service, and cannot recur now against the Earl, who uplifted them by warrant of the King's letter.
The Lords found it relevant for Major Buntain to prove, that it was the custom of the keepers of the Great Seal to get the third of the Chancellor's dues, and that this was a distinct perquisite of the office from furnishing the war, and appending the Seal; and admitted to his probation, that the Earl of Aberdeen uplifted this from Enterkine, scripto vel juramento. Some of the Lords inclined to modify to less, in regard Major Buntain was then at no trouble, whereas in the Duke of Rothes's time, he was a domestic, and did other services for it.
