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URL: http://www.bailii.org/scot/cases/ScotCS/1706/Brn040641-0133.html
Cite as: [1706] 4 Brn 641

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[1706] 4 Brn 641      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Subject_2 I sat in the Outer-House this week.
Date: 13 February 1706

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A son of Ballantine of Craigmuirs being suspected of counterfeiting the signet, there was a warrant granted to James Napier, a messenger, to apprehend him: Which he did, but alleged, That above twenty men came and rescued him. Whereupon the said Napier being called before the Lords, for suffering him to escape, and some presumptions appearing that he had colluded, it was proposed to send him to prison. But it was thought fitter to leave him at liberty to search if he could recover the prisoner; and so a bond was taken of him, under the penalty of 500 merks, to appear when called for. And it was thought convenient, to prevent such forging in time coming, that the writers should use better wax, and the impress of the signet should be deeper than now it is, and the presenter of the summons or letters should subscribe his name on the back of the paper: and warrant was given to her Majesty's advocate to raise a criminal libel of falsehood against the said Mr Ballantine. All the difficulty was, how to furnish him with probation farther than his seeming to own the guilt by his flying; which an assize would scarce sustain alone, if he should compear and deny his accession thereto.

Vol. II. Page 327.

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/1706/Brn040641-0133.html