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 acceptable as a witness.
Answer: James Swan was acceptable as a witness because he was older than fourteen, his father could pay the 10.00 pounds [his father is worth the Kings unlawe] and he was not in the service of the earl [and tho[ugh] he wer in the Earls service as he is not].
Transcription
Sir George Mckenzie answers That as to his age it is offered
to be proven by his oath that he is past fourtein Lykeas it appears
be his stature As to the [second]do that he is not worth the Kings unlawe
ought to be repelled because it is offered to be proven that his
father is worth the Kings unlawe and tho[ugh] he wer in the Earls
service as he is not, the cryme Crimen domesticum and
also it being fyre raising which be the Lawe is treason he o[ught]
to be received
This poser was devised by Alan Laurie, a researcher with an interest in 17th century High Court of Justiciary cases.
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