Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 JURY.

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There is no law expressly declaring clergymen, ministers of the gospel, incapable of passing upon an assize, unless by analogy, from the statute 1584, c. 133. In a service of mort-ancestry, before the Magistrates of Edinburgh, 19th November 1776, David Dickson, as heir to his brother John Dickson of Kilbucho; the claimant petitioned for a warrant to summon a jury, in which several clergymen, ministers of Edinburgh, were named. The bailies, after advising with their assessor, Professor Wallace, pronounced this interlocutor :—“ In respect the persons suggested as jurymen, by the petitioner, are not liable to pass upon any assize ; therefore refuse the petition, but remit the brieve to the knowledge of an assize to be named in common form.”