[1677] Mor 13229
Subject_1 QUALIFIED OATH.
Subject_2 SECT. IV. Where the libel as laid is irrelevant.
Date: Edgar
v.
Ewing
14 November 1677
Case No.No 38.
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In anno 1658, William Ewing, messenger, having apprehended John Edgan, merchant in Edinburgh, and for his expense, got a verbal order to lift some of John's money; he now convenes him before the Bailies of Edinburgh, to repay it, and refers the intromission to his oath. He depones he lifted it, but it was for his own behoof, Edgar being owing him as much. This is sought to be advocated on this reason, that the Bailies would divide the quality, and put him to prove it. The Lords refused to divide it, and so, with one breath, advocated and assoilzied, since, if the messenger would have perjured himself, he would simply have denied the meddling, their being nothing extant to prove it upon him.
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