Consignment by the Pursuer. - Summary incarceration upon suspicion of forgery. - Improbation against titles of honour.
Johnston v. Johnston
Date: 29 July 1697 Case No. No 214.
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William Johnston offering to improve a disposition produced by his brother Robert against him, and upon the abiding at the verity of it, being ordained to consign L. 40, in case he succumb, he represents by a bill, that he being in the poor's roll, he cannot command the money; and it were hard, because of his poverty, that forgery should escape, cum crimina non debent manere impunita. The Lords, on the other hand, considering calumny is not to be encouraged, therefore they ordained him to enact himself to undergo three months imprisonment, in case the disposition be found a true deed. Qui non habet in ære luat in corpore.
Fol. Dic. v. 1. p. 458. Fountainhall, v. 1. p. 790.
