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The Poor Wife of Broughton v M'Call. [1542] Mor 12264 (9 December 1542)
URL: http://www.bailii.org/scot/cases/ScotCS/1542/Mor2912264-002.html Cite as:
[1542] Mor 12264
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Gif ony persoun alledge him to have bene wrangouslie accusit be ane uther in judgment, of thift, or ony uther crime, and to be quyte and clengit thairof, the samin may not be provin be the judge, clerk, memberis of court, persounis of inqneist, or uther famous witnessis; because judicial actiounis and actis may not be provin be witnessis, bot be writ.
Balfour, (Of Probation by Writ.) NO 24. p. 366.*** Sinclair reports this case:
The Lords, by interlocutor, decerned, that acta judicialia might not of the practice be proved, but per scripta, and, therefore, a cause moved by a poor woman of Broughton against John M'Call, for accusing of her wrongfully of certain theft, of the which she was made quit by an assize, and, therefore, the said John ought to pay her, by the act of Parliament, L. 10 for amends, the Lords would not admit the Judge and Bailie, and certain other famous men that were upon the said woman's assize, to prove, that the said John had accused her.
