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It is notable that Sir Walter probably gave his version of this affair from memory: he says that Mirabel 'was non-suited upon the ground that, if his own story was true, the treasure, by the ancient laws of France, belonged to the crown'. Scott's next case is very uninteresting, at least as far as it is given in Howell's State Trials, vol. xii. , p. 875.
Once more, however, the British Premier demurred, and such was his tenacity that, despite Mr. Wilson's opposition, the final decision of the Conference reversed that of the commission and non-suited the Poles. By what line of argument, people naturally asked, did the first British delegate come to that conclusion?
* For the more easy recovery of this forfeit, it was enacted, that the plaintiff in such action might only set forth, in the declaration or hill, that the defendant was indebted to him in the sum of fifty pounds, alleging the offence for which the suit should be brought, and that the defendant had acted contrary to this act, without mentioning the writ of summons to parliament, or the return thereof; and, upon trial of any issue, the plaintiff should not be obliged to prove the writ of summons to parliament, or the return thereof, or any warrant or authority to the sheriff upon any such writ; that every such action should be commenced within nine months after the fact committed; and that, if the plaintiff should discontinue his action, or be non-suited, or have judgment given against him, the defendant should recover treble costs.
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