Scottish Court of Session Decisions

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

Patrick Home of Coldinghamelaw
v.
The Laird of Renton, Sheriff in Dunse

Date: 18 January 1631

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Patrick Home of Coldinghamelaw, having letters of caption against the Laird of Wedderburn, charges the Laird of Rentoun, Sheriff in Dunse for the time, to apprehend the Laird of Wedderburn, when the Sheriff was sitting in court upon certain witches; and intents action against the Sheriff for not apprehending of the rebel, seeing that the execution of the messenger bore, that the rebel was present at the court in company with the Sheriff. It was alleged by the Sheriff, That the execution of the messenger could not be a ground whereby he might be drawn to be subject to pay the sum for not apprehending the rebel, seeing the witnesses inserted in the execution were all conjunct persons to the pursuer, and could not be received witnesses to prove against him, in that part of his indorsation that the rebel was present when the charge was given: Which was more nor he ought to have inserted in his execution; for it was sufficient for him to have indorsed, that he had charged the Sheriff; to the which any witnesses might have been inserted for proving the charge: But seeing that he hath indorsed, That the rebel was present at the giving of the charge,—that part ought to be proven by other honest and unsuspected witnesses; seeing it might infer upon the Sheriff the payment of the sum due by the rebel. The Lords ordained the charger and messenger to prove that part of the indorsation, that the rebel was present when the charge was given, by honest and unsuspected witnesses.

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