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Scottish Court of Session Decisions >>
William Armstrang in Bogside, and John Irving of New-orchyard, his Master, v John Sharp of Hoddam and his Tenants. [1711] Mor 16731 (16 November 1711)
URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor3816731-143.html
William Armstrang in Bogside, and John Irving of New-orchyard, his Master, v. John Sharp of Hoddam and his Tenants
Date: 16 November 1711 Case No. No. 143.
One of two persons under mutual law-burrows received as witness against the other, the former purging himself by oath of any malice against the other.
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In the process of spuilzie at the instance of William Armstrang and his Master, against Sharp of Hoddam and his Tenants, a conjunct probation being allowed to both parties. The pursuer objected against Archibald Currie produced as a witness by the defender, That he could not be received, because both the pursuer and he had sworn judicially before the regality court of New Dalgarno, that each of them dreaded malice, ill-will, and bodily harm of other, whereupon both were put under law-burrows to keep the peace.
Answered for the defender: Archibald Currie's being under law-burrows at the pursuer's instance, is no argument that the former bears bodily malice against the latter; law-burrows being used, not out of malice, but as a legal remedy to defend against oppression; and suppose the witness might fear oppression from the pursuer, that doth not argue that he hates him; seeing our Saviour commands us to do good for evil, and love our enemies; and if the witness purge himself of malice, it is supposed that he walks conform to the Gospel rule.
The Lords allowed the witness to be received, he purging himself by oath of any malice towards the pursuer.
