Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Macdougall's Wife v. Her Husband
Date: 22 February 1684
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One Macdougall, a Highlander, is pursued by his wife, before the Commissaries of Edinburgh, for divorce ex capite impotentiæ. And she having offered to prove, by inspection of chirurgeons, that he has nothing wherewith; he declined a visitation, as immodest, and absents himself. Quid juris? shall he be holden as confessed? Nuda inspectio corporum is condemned by Justinian, ad princip. tit. Instit. Quib. mod. tutel.finit.
The old way of trial was, by a silk cord down their belly, if it got free passage down, or not.
