Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 6 December 1684
A Dragoon's Horse Poinded
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A Dragoon's horse being poinded for his debt, he raised a summons of spuilyie, and alleged,—If such poindings were allowed now in thir broken times, his Majesty's service might be easily retarded and frustrated. Answered,—There was no law exeeming their horses, though captions could not be executed against their persons.
Replied,—Public utility required this security, as well as it had done in the case of plough-graith, (but that is by a special statute, Act 98th, Parl. 1503;) and, where a soldier is owing me, I have a remedy by complaining to his Captain, who is bound to turn him out of his company, or else to detain as much of his pay as will satisfy the debt.
The Lords, on Drumcairn's report, found it of the nature of a spuilyie, and that the horse ought to be restored cum omni causa, and the Dragoon's prejudice refounded, by his attendance in seeking him back again.
See the like formerly reasoned and decided at Privy Council, the 10th March 1681, Major Lyell; but there it was not a common soldier's horse, but an officer's; only he belonged to the militia, and not to the standing forces.
