Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

David Betson
v.
The Laird of Grange

Date: 14 November 1628

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In an action, pursued by David Betson of Cardon, against the Laird of Grange; the pursuer summoned Mr Lawrence M'Gil and Mr Lewis Stuart to be witnesses in the cause. They alleged, That they could not be forced; for that which they were to be examined upon was, if they had seen at any time a reversion of certain lands amongst Grange's writs, which they could not do, being his advocates, and therefore were not bound to reveal any thing they had seen of his secrets. Replied, Quivis potest cogi ad dicendum testimonium, quod est munus publicum. It is true, an advocate is not obliged to reveal any advice given by him to his client; but, for the verity of that which is in facto, he could not eschew it. The Lords repelled the exception.

Page 246.