Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

The Earl of Murray
v.
Dumbarr of Burgie

Date: 21 January 1630

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Dumbarr of Burgie being pursued for a slaughter before the justice, transacts with the Earl of Murray, who assisted the pursuit, and gave to the Earl a bond for £10,000. Burgie, being charged for payment of the said sum, suspends, and raises reduction of the bond. The reasons of both are all one, viz. That though the bond bore borrowed money, yet the true cause was, That Burgie, being unjustly pursued for the said slaughter, and fearing the power of his adversary's party, was moved, by his friends, to give the said bond to the Earl of Murray, for satisfaction to his Lordship, in honour, and upon promise made by his Lordship to the friends, that dealt in the business, that the sum should not be exacted; which he referred to the oath of the Earl of Murray, and declaration of the honourable men that dealt with him in the business. The reason was found relevant to be proven by the Earl of Murray's oath allenarly. The other reason of suspension and reduction was, That this transaction was unlawful, and null by law, per senatusconsultum; and although it be leisom to the suspender to transact for safety of his life, yet it is not leisom to the pursuer of a capital crime, to transact thereanent. The reason being disputed at large, and many laws alleged on both sides,—the Lords found not this reason of reduction relevant to take away the bond; but found the letters orderly proceeded.

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