Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
William Lauder of Winepark v. His Lawyers
Date: 28 November 1704
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William Lauder of Winepark gave in a bill, representing, That, in the suspension he had depending, against the Earl of Lauderdale, about the charter of is lands, his advocates declined to appear for him; therefore craved the Lords would appoint them to plead his cause.
The Lords considered that lawyers could not be forced to manage a cause, if they truly thought it unjust; according to Accursius his lines, cited in our 125th Act of Parliament 1429, Illud Juretur Quod Lis Sibi Justa Videtur; but they not only behoved to give their oath of calumny on it, but also might be obliged to propone defences in jure, leaving their import to the Lords.
It was remembered, that, in King Charles I.'s reign, Bastwick and Prinne being convened in the Star-chamber, for slanderous pamphlets against Doctor Laud, Archbishop of Canterbury, the English historians blame some of their lawyers for deserting them after they had engaged, being afraid of the Archbishop's power and displeasure.
