Scottish Court of Session Decisions

Subject_1 KING's ADVOCATE.

His Majesty's Advocate
v.
Forrest

1584. March.
Case No. No 5.

In conformity with the above.

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There was one Moncur that had pursued Forrest of F, for the improbation of a letter of tack, and having succumbed in the probation, thereafter the Advocate pursued to hear the same to be improven. It was alleged, after that the manner of improbation was given in by the Advocate, that he ought to have no process without an information; for otherways, the King's Advocate, by the privy information of the party, might cause any man to produce his evidents under the pretext of improbation, and then to quarrel and pick at them. It was reasoned on the other part, That the King's interest, and his Advocates, were separated from the other party, et quod interest reipublicæ et regis ne crimina maneant impunita, and so the Advocate might both inform and pursue at his own instance, without the advice and information of a third person.

Fol. Dic. v. 1. p. 525. Colvil, MS. p. 393.