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.
- v. Carnegie
Date: 11 July 1710
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Aouery was made to the Lords on this ground:—In a process against Carnegie of Finhaven's eldest son, a point was referred to his oath. It was suggested, that, by a palsy, he had been these many years bygone struck dumb; but it had affected neither his judgment nor hearing, so as he wrote his mind on any subject most judiciously; and though he was deprived of the use of his tongue, whether he might not be allowed, after he was sworn, to set down his oath in writing. And the Lords found, in this extraordinary case, he might; and that it fell not under the Act of Sederunt, discharging the giving of oaths in writ.
