Whether liable to Penalties. - Whether liable to be imprisoned for Debt. - Whether capable of being a Messenger. - Whether he may be convened as a haver of Writs. - Whether Decree may pass against him. - Whether bound to depone on the verity of his Debt. - Power of the Court to prevent undue influence in chusing Curators.
Somerville v. Hamilton
Date: 23 January 1541 Case No. No 1.
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The Lords of Council decerned in a cause of spuilzie, moved by one Somerville, Parish Clerk of the Kirk of N. against one called, ut recordor, Hamilton and his Son, That the said son ought to answer in causa spolii intentata, notwithstanding that, tempore spolii, Mr Thomas Marjoribanks, his Procurator alleged he was but six years old, and so could not peceare, nec vim committere, nor yet be obliged ex delicto causante defectu intellectus in illa causa. Which allegeance the Lords thought reasonable, in causa criminali, sed non civili, nec cum aliena jactura locupletetur et injuste rem alienam detinuerit.
