Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Robert Taylor v. Campbell of Glenfalloch and the Earl of Broadalbine
Date: 18 January 1695
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Robert Taylor against Campbell of Glenfalloch and the Earl of Broadalbine, for a spuilyie and restitution of the damages. Alleged,—If it be pursued as a spuilyie, pœna suos tantum debet tenere auctores; and the chieftains and heads of the clans cannot be liable. If it be insisted in as a depredation, then that is a crime, and must be first cognosced and tried in the justice-court. Answered, —Damage and interest, arising from a criminal fact and delinquency, may be insisted in before the Lords, being only ad civilem effectum; and here it would have no criminal effect, because the crime was pardoned by the king's indemnity, both quoad vindictam publicam et privatam; and the. 100th act 1587, and subsequent acts anent quieting the Highlands and Borders, and naming judges, are not privative of the session.
The Lords repelled the defence of competency, and sustained themselves judges.
