Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. I.

Judicial Acts. - Legal Acts.

Bishopton
v.
-

1584. March.
Case No. No 3.

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The Laird of Bishopton pursued reduction of a horning, where he was put to the horn for not finding caution in law-burrows, according to the act of Parliament. The reason of reduction was, that the officer had committed him to the horn, and had received no making of faith, that the party complainer feared him for bodily harm, according to the order prescribed in the act of Parliament. The executions of the officer being produced, there was no such execution that there was any faith made to the officer. The other party offered them to prove the same per testes et dummodo prout de jure. The Lords would not admit nor receive, other probation than was contained in the execution already produced by the officer.

Fol. Dic. v. 2. p. 212. Colvil, MS. p. 393.