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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 YULE VACANCY.
Anent Cautio Judicio Sisti
1677.
January.
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One becomes caution judicio sisti, to present a boy who is within ten years old, and that without a suspension. Thereafter he suspends. The cautioner being convened, offers to present him with a renunciation of the suspension. Quæritur, If this salves the failyie? I think it satisfies the obligement; especially since you could not have incarcerated him, not being proximus pubertati, which begins but at ten and a half, dividing the time with the doctors between infancy, ending at seven, and pupillarity beginning at fourteen, in two moieties.