[1704] Mor 10473
Subject_1 PERSONAL PROTECTION.
Date: Chalmers
v.
Brown
16 February 1704
Case No.No 9.
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Anna Chalmers pursues Alexander Brown, servant to the Duke of Queensberry, before the Commissaries of Edinburgh, for adherence, as being his lawful wife, owned by cohabitation and otherwise; and he having a counter process, to have her discharged from asserting herself to be his wife; and she finding a material witness lately come from London, called Majority Forrester, who can prove sundry matrimonial acts, but being under caption, so that she dare not appear, therefore craved the Lords may give her a protection for a new days, to come in and depone before the Commissaries. Some thought the Commissaries, being a Sovereign Court in prima instantia quoad adherence and divorces, they might grant protection to witnesses cited to appear before themselves; others thought it was more proper to apply to the Privy Council for a protection; but the Lords refused the desire of the bill, as not proper for them to interpose in the Commissaries jurisdiction, except it came in, either by advocation of suspension. But there seemed to be an easy remedy here, seeing the witness might go to the sanctuary of the Abbey, and there the Commissaries might take her oath, when she was out of all hazard of captions.
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