The creditor in a bond cannot be one of the witnesses.
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In a reduction pursued by Lackie against Cunningham, a bond of £400 being desired to be reduced, upon the reason of the act of Parliament 1579, ordaining heritable writs and others of importance, to be subscribed by two notaries and four witnesses, otherwise to be null; this reason was found relevant to reduce this bond, albeit it was subscribed by two notaries and three subscribing witnesses, and albeit one of the two notaries was inserted as witness in the bond, which the defender alleged to be as sufficient as if four witnesses had been inserted, seeing one of the notaries being inserted witness, made up the fourth, and that one of the two might lawfully be witness; likeas, there were three witnesses beside, who subscribed as witnesses, and which subscription should be more respected, than if four unsubscribing witnesses had been inserted in the bond; likeas, the bond was not of that importance whereon the act of Parliament could strike; which allegeance was repelled, and the reason sustained; for the Lords found, that the act of Parliament required two notaries, and besides them other four witnesses, and that a notary could not be witness to his own deed, so that this bond came No. 97. under the said act of Parliament.
