Scottish Court of Session Decisions

Subject_1 OATH.
Subject_2 DIVISION III.

Oath of Calumny.

Cunningham
v.
The Laird of Kerse

Date: 6 February 1579
Case No. No 33.

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There was a process advised betwixt James Cunningham and the Laird of of Kerse. The Laird of Kerse being pursued for spoliation of certain corns, the witnesses proved nothing, or very little, and the most was deponebant hoc spolium fuisse commissum ex aliorum relocatione sed non interfuerunt facto; and the Laird of Kerse was summoned to give his oath de calumna, and was holden. pro confesso without sufficient probation of witnesses. The question was, whether the said Laird holden pro confesso without sufficient probation by witnesses, was it sufficient to give condemnator of the spuilzie against him? The matter being disputed among the Lords, they found, by sentence definitive, that the refusal to give his oath de calumnia was sufficient cause to give condemnator, although the matter was no otherwise proven.

Fol. Dic. v. 2. p. 13. Colvil, MS. p. 277.