Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Earl of Sutherland v. Earl of Caithness
Date: 1 July 1574 Case No. No 231.
Click here to view a pdf copy of this documet : PDF Copy
The Earl of Sutherland pursued the Earl of Caithness for production of a contract of marriage made betwixt them for marriage of the said Earl of Caithness's daughter to the Earl of Sutherland, alleged by the pursuer to be in the defender's hands and keeping, and referred the same to the defender's oath. The defender alleged, He should not give his oath de veritate, because the pursuer already had pursued him for it, and had got it to his probation, that the defender had it, and had produced certain witnesses thereupon, who were sworn and examined, and so litiscontestation made, and therefore he was not obliged to give his oath de veritate in the said cause; which allegeance of the defender, the Lords admitted.
