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There were certain Flemings that pursued certain Burgessmen in Edinburgh, and others, for the wrongous intromission of certain goods that were taken from them by way of piracy, by the ship called the Unicorn, whereof John Cockburn in Leith was master. The summons being admitted to probation, they produced for witnesses certain persons, mariners and others, that were in the ship that committed the piracy, the time of the committing thereof. It was alleged against them, that they could not be witnesses, because they were socii criminis, and might depone to their own relief to cast the crime off them upon their marrows, quia de jure de criminibus confessi de aliorum conscientiis interrogari non debent. It was answered to this, quod in criminibus quæ non possint committi sine sociis admittuntur socii; for into such matters as were done upon the sea there could be no others to see the doing thereof, but such persons as were upon shipboard. The Lords received the witnesses; licet nonnulli dominorum in contraria fuerunt opinione.
