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[1671] 2 Brn 533      

Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Anent Advocates

Date: 25 February 1671

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1671. February 25.

It was debated in a cause, whether an Advocate could be forced to depone upon a conveyance made by him in behalf of his client. And it was alleged, an Advocate was not obliged to reveal his client's secrets, no more than a Priest should reveal confessions,) except it be in materia falsi or læsæ majestatis. Yet advocates have been often examined upon their client's businesses. Vide Dury 14th November, 1628, Betsone against L. of Grange, and Sir Robert Sinclair and others were forced to depone in Lewie Barclay's action. See Mr. Styles' English practical register voce witness, page 569. Vide H. de Marsiliis, singulari 424. Vide infra, February 1674, Dumfermling and Calendar, No. 445, in fine.

Advocates' MS. No. 157, folio 93.

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/1671/Brn020533-0902.html