Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Escheat
Date: 12 July 1666
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One being condemned by an assize for receipt of theft, and the Judge having mitigated the punishment to L.100 Sterling, to be paid within twenty-four hours; and being so paid, one takes the gift of his escheat, and craving declarator, it came to be debated if the verdict of one assize could be a ground of escheat, and if a judge might mitigate the punishment which is imposed by law, vid. hanging, and confiscate his moveables, or irrogat a mulct, in lieu thereof; and if the king may be prejudged of that casuality of escheat by this mitigation of the pain. Contended nemo debet subjici duplici pænæ and the pain being declared by the judge to be L.100 Sterling, his moveables cannot now be confiscated, nor escheat declared, on that ground.
This the Lords repelled, and found no Judge Ordinary could mitigate the punishment irrogat by act of Parliament, and therefore declared the gift.
