Scottish Court of Session Decisions

Subject_1 WITNESS.

Town of Selkirk
v.
Tenants of Kelso

Date: 13 February 1541
Case No. No. 3.

Click here to view a pdf copy of this documet : PDF Copy

The Lords decerned that kinsmen of the Provost and Bailies of Selkirk, and other indwellers in the Town, which Provost and community were actors and principals in the cause, might not be witnesses to the said Provost, Bailies, and community; and in the said cause dubitatum fuit, if a burgh next adjacent to the said burgh, and who pastured oftentimes their goods and cattle upon the commonty, may be witnesses to the said Provost, Bailies, and community; and it then appeared to the Lords, that they were suspect ratione affectionis ad causam, and because they got, in the pasturing foresaid, profit of the said commnuity. And also it was alleged by one of the Lords, that for the same cause witnesses were repelled of before, in the cause of the community of Renfrew and Rugland; in qua causa erat quidam Pauper. R. Neilson. But this day, in causa communitatis de Selkirk non fuit decisum.

Sinclair MS. (Second copy.)