This case was about the enforcement of qualifications to vote in a parliamentary election. Alexander Penrose-Cumming, a candidate for Parliament, alleged that his opponent, James, Earl Fife, had distributed fictitious freehold interests in order to skew the vote. Before voting, the holders of these allegedly fictitious interests were required to swear an oath attesting to their qualifications. Based on this oath, Penrose-Cumming charged the voters with perjury. One of the accused voters was John Lawson, the pannel (i.e., the defendant) in this case. Lawson argued that his oath was not false, because he was, in fact, entitled to vote. Lawson further argued that whether or not he was lawfully entitled to vote, he had reasonably believed that his oath was true.
Documents in this case (4)
- Penrose-Cumming v. Lawson — Petition, 3 Feb 1785February 3, 1785 Petition of John Lawson asking the Court to remit the charge of perjury brought by Alexander Penrose-Cumming, asserting his legal right to vote and stand on the Roll of Freeholders of the County of Mora…
- John Lawson v. Alexander Penrose Cumming — Replies, 8 Feb 1785Respondent refuses to swear an oath of calumny framing new legal questions about freeholder status, arguing it's irrelevant to perjury charge.
- Alexander Penrose Cumming v. John Lawson — Information, 2 Apr 1785April 2, 1785 Information of Alexander Penrose Cumming, arguing that John Lawson committed perjury by swearing an oath to vote while possessing only nominal and fictitious land qualifications created solely for that pur…
- John Lawson v. Alexander Penrose-Cumming — Information, 22 Apr 1785Information of John Lawson of Westertown, Pannel, arguing that the prosecution is conducted by an association of gentlemen including Alexander Penrose-Cumming, and that their qualifications were created by lawful means.
People & places in this case
People involved
- Alexander Penrose-Cumming, of Altyre — Pursuer
- John Lawson — Defender
- Alexander Abercromby, Lord Abercromby — Advocate for Defender
- Robert Blair, of Avontoun, Lord Avontoun — Advocate for Pursuer
- Sir Ilay Campbell, Lord Succoth, 1st Baronet of Succoth — Named in case documents
- James Brodie, of Brodie — Named in case documents
- Colin Morison — Named in case documents
- Peter Rose-Watson, of Coltfield — Named in case documents
- James Duff, Earl Fife — Named in case documents
- Rev. William Leslie — Named in case documents
