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Scottish Court of Session Decisions >>
James Stuart of Chrystwal v The Laird of Lammont and Others. [1697] 4 Brn 383 (30 July 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Brn040383-0783.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Stuart of Chrystwal v. The Laird of Lammont and Others
Date: 30 July 1697
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Kennedy and Macilturner, having subscribed witnesses to a messenger's execution on a summons, raised by James Stuart of Chrystwal, against the Laird of Lammont and others, and the execution being improven as false, and the witnesses acknowledging, under their hands, that, though they subscribed at the messenger's desire, yet they did not see the thing done
The Lords ordained them to be carried, on a market-day, to the Tron, betwixt eleven and twelve forenoon, and to have their ears nailed thereto, and to stand there with a paper on their breast; and then to be banished. Wherever the punishment of falsehood comes to be mitigated by their ignorance, ingenuous confession, or other circumstances, to be infra mortem, in such cases the Lords inflict the punishment themselves, without remitting them to the criminal court. See Dury, 14th July 1638, Dunbar against Dunbar.
