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[1694] 4 Brn 166      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

John Trotter, Supplicant

Date: 28 February 1694

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John Trotter, being condemned to die for treasonably supplying the Bass, gave in a bill, representing, That, in his absence, when he durst not appear, he was holden as confessed, at Bailie Thomas Young's instance, for 10,000 merks, for not deponing; and desired now to be reponed to his oath, that the said debt might not affect his estate, though this was more the King's concern, who succeeded him, than his heirs'. The Lords thought this not the habile way; but allowed him to give in a bill of suspension, when his case might be considered; —only the difficulty there is, that the Ordinary, in the vacance, cannot take his oath. Quœritur, If this offer should exoner him of the former circumduction holding him as confessed.

Vol. I. Page 618.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040166-0382.html