Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Sir William Sharp of Stonyhill v. Strachan of Glenkindy
Date: 18 March 1684
Click here to view a pdf copy of this documet : PDF Copy
The case was, Glenkindy being pursued criminally for a murder, the King's advocate then caused the Lords of Justiciary take a bond from him to produce the witnesses against himself, whom he alleged Glenkindy had abstracted, under the pain of 20,000 merks; and he having incurred the failyie by not producing them when called for, the Exchequer, when they cleared counts with Sir William Sharp as cash-keeper, gave him an assignation to this bond in part of payment of his balance. Glenkindy raises a reduction of it ex capite vis et metus, being forced to it by the Criminal Judges; he not being obliged to furnish probation against himself.
The Lords repelled the reasons of reduction, and found the Justices supreme in these cases; and that they could not judge on their iniquity.
