Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Jurisdiction
Date: 22 February 1671
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It was questioned if a Sheriff, or other inferior Judge, in a process pursued before them, can grant a commission for examining witnesses which live without the jurisdiction of the Judge who is granter. Sir Jo. Cunninghame thought he could not grant a formal commission, since par in parem non habet imperium, and it is extra territorium; yet he gives literas recommendaticias by which they cannot be forced, but if ex gratia they depone, their depositions are as effectual to all points as if they had lived within his bounds; and when there are any persons to be examined who reside in Holland, France, Poland, or other places over seas, the Lords do not so much grant a commission as only recommendatory letters, the words being enixe rogamus, and as ye may expect the same favour of us in like case.
Vide J. Clarum lib. 5. senten. par finali Quaest. 26, who calls them literas subdiales. Vide infra, Nov. 1671. Southesk, 507.
