In this poser, taken from the High Court Book of Adjournal, 1677 (Crown copyright, National Records of Scotland, JC2/14, page 335), we asked you why James Swan was unacceptable as a witness.
Answer: James Swan could not be received as a witness because he was underage [ not fourtein years of age], was not worth the Kings unlawe and he was the Earle of Kinghorns servant.
Transcription
The persewer for prob[atio]n adduced the witnesses efternamed
viz James Swan in Forgone
Mr John Eleis for the defender objects ag[ains]t the s[ai]d James Swan
that he cannot be Receaved a witnes because he is not fourtein
years of age and [secun]do he is not worth the Kings unlawe [terti]o
he is the Earle of Kinghorns servant.
This poser was devised by Alan Laurie, a researcher with an interest in 17th century High Court of Justiciary cases.
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