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Scottish Court of Session Decisions >>
- v Douglas and Waddel. [1685] 3 Brn 557 (28 March 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030557-0842.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 28 March 1685
- v. Douglas and Waddel
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One having given in a bond of L.80 Scots to a lad in Mr Rory M'Kenzie's chamber, called Douglas, to be registrate against one Waddel, who wrote in the same chamber; Douglas gave him back his principal bond, and took a dollar from him in hand, with the promise of three more; but having kept a just double of it, he gave the party an extract, who raising horning thereon, Waddel discovered that he was master of the principal bond.
The Lords imprisoned them both, and ordained them to be carried to the Trone, on the 3d April, being a market-day, at 11 o'clock, and both their lugs to be nailed to it, and to stand there till 12, with a paper on their breasts, bearing their cheatry, falsehood, and unfaithfulness in their trust; and then to return to prison, and Waddel to lie till he pay the debt. Which ignominious sentence was accordingly executed.
Thus little rogues are caught in the cobweb net of our law, which the great ones break through.
Douglas alleged, that Waddel enticed him to a cellar to take a chopin of ale; and there, with the help of a dragoon, violently robbed the bond from him. But this appeared to be but a falsehood.
The Clerk-register, upon this attempt and emergent, proposed to disjoin that part of registrating bonds from his depute's office; it having much hazard annexed thereto, through their being liable for their mean servants, who may be easily bribed to such villauics; and to erect it into an office by itself, and exact caution for it.—This was to bring in a round sum of money from him whom he placed therein. But he having proposed it to the Parliament in June 1685, his deputes gave him a composition to continue it with them; and they are to substitute a particular trustee for that effect. Which provokes some to registrate their writ's in inferior courts.
