Series 1 > Records of the Proceedings of the Justiciary Court Edinburgh, 1661-1678 > Volume 1, 1661-1669

JUSTICIARY PROCEEDINGS
131
1665]
yet all lawyers are clear that the word credo adjected to a
proceeding positive assertion inferrs perjury, as may appear
from all the Citations repeated in the addition to the first
number and 53 quest, of Julius Clarus and the 6 quest, of
Vigelius Bossus, and the reason given by the Lawyers is that
Deponents if they doubt, should first inform themselves if
their doubt be of that nature that all means of clearing are
perished, or if there be means yet to clear them. And seeing
no judge ever denyed to grant time to a doubter to clear
himself, it is the doubter’s own fault if he be not cleared, and
no man can defend himself by that which is his fault, and if
this mean of reparation arising from Perjury be taken from
who referrs to oath, then the remedy ag4 perjury would be
irreparable, and Perjurers would be encouraged to ommitt
the means of information to the end they may reportare
lucrum ex supina ipsorum ignavia et ignorantia assertata.
And as to that part of the Reply, viz. that there is no con¬
tradiction betwixt the Oath and the Discharge, the Lybell
is opponed, bearing expresly that the Oath denys payment
which the Discharge confesses. And to that last part of
the Reply which bears that the Discharge was granted spe
numerandce pecunice, the Oath is opponed which bears no
such quality, and a quality not adjected to the oath is to
be rejected.
The Justice gives no Interloqr at this time, but for certain
good considerations moving him, continues the Decision to
the 9th instant, and ordains both parties to cite witnesses for
proving both their Alledgiances.
Edinbr 8 August 1665.
Mr. John Glass of Pittentien against Anthony Murray,
Pat. Glass, Writer in Edinburgh, and others for Oppression,
deserted.
Eodem Die.
Gideon Murray and George McAla, merchants in Edinbr
agl Gilbert Haliburton, Baillie of Burntisland, for wrongous
imprisonment, deserted of consent.