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Campbell of Lochdochart v Mr Duncan Robertson. [1696] 4 Brn 339 (11 December 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040339-0723.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Campbell of Lochdochart v. Mr Duncan Robertson
Date: 11 December 1696
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Campbell of Lochdochart gave in a complaint against Mr Duncan Robertson, that he had apprehended him with caption, notwithstanding he had the Lords' protection to appear and depone in a cause. Mr Duncan alleged,—His caption was not for any debt, but to produce some writs and depone in an action at his instance; which was no breach of the Lords' protection, seeing it is a fundamental law in all government and societies that every one ought to bear witness to the discovery of the truth; and no protection can liberate a man from that natural obligation.
The Lords thought Mr Duncan should have applied to them for a warrant to take him on his diligence, which they would not have refused; and he having done it summarily at his own hand, they found it a contempt of their authority, and fined him in five dollars to the poor; but ordained Lochdochart to depone upon Mr Duncan's act, and the messenger to detain him till he should appear before the Ordinary for parties' and witnesses' oaths; seeing a protection is not designed to secure any against a fact prestable by himself, as deponing in a cause, or the like.
