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Testimonial of Justices of Peace in Ireland, proves not the custom of Ireland to make a writ there by one that cannot write valid, but the testificate of a supreme Judge there, having power to decide in such cases.
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Patrick Paterson, burgess of Edinburgh, suspends against James Hall, and charges upon a bond granted to Patrick Fyfe, cedent to James Hall. Admitted to John Hall's probation an allegeance founded upon the custom of the subscribing the writs in Ireland by parties that cannot write; and for pursuing thereof, Hall produced a testimonial subscribed by three Justices of Peace in Ireland 2d June 1620, bearing, that it is sufficient that the party who cannot subscribe set to his seal, and deliver the writ in presence of famous witnesses; and is much the stronger, if the party set to his mark, and the witnesses subscribed the time of the sealing and delivering of the writ. Finds that the testimonial proves not, and therefore assigns 15th March to produce a testificate of a sitting Judge in Ireland having power to decide on the validity or invalidity of the writs.
Hope, Cunningham, Nicolson, Oliphant.
Fol. Dic. v. 2. p. 232. Nicolson, MS. No 207. p. 149.