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.
Lord Erskine v. Laird of Edmiston
Date: 8 March 1633 Case No. No 7.
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The Lord Erskine having incarcerated in the tolbooth of Edinburgh the Laird of Edmiston, being a pupil of 12 years of age only; upon his supplication, the Lords gave warrant to set him at liberty.
Fol. Dic. v. 1. p. 575. Spottiswood, (Minors and Pupils.) p. 213.*** Auchinleck reports this case:
1633. March 18.—The Laird of Edmiston being minor, is, by letters of caption, taken by the Lord Erskine, and incarcerated within the tolbooth of Edinburgh. He means himself by bill that he is content to renounce to be heir to his father, for whose debts he is incarcerated, and together with this bill produces a renunciation. The Lords ordain him to be put to liberty, in respect of his age, being but a bairn of 14 years of age, without prejudice to his creditors to pursue his lands and gear.
