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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Sandilands, Collector of the Fines imposed by the Justices of Peace in the District of Mid-Calder, v John Purdie of Hart-burnhead. [1709] 5 Brn 57 (9 Nov 1709)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by WILLIAM FORBES, ADVOCATE.
Date: Thomas Sandilands, Collector of the Fines imposed by the Justices of Peace in the District of Mid-Calder,
v.
John Purdie of Hart-burnhead
9 Nov 1709 Click here to view a pdf copy of this documet : PDF Copy
John Purdie, fined by the said Justices of Peace in one hundred pound Scots, for fornication with Christian Howison, his servant, conform to the Act 38, Parliament 1661; he being the eldest son of an heritor, and so a gentleman in the construction of law: when charged for payment by Thomas Sandilands, collector of these fines, he suspended upon this ground, that the fine was exorbitant; in so
far as he was but a small heritor; and the act of Parliament imposeth the one hundred pound upon gentlemen transgressors. And as all heritors are not gentlemen; so he denied that he had the least pretence to the title of a gentleman: And further, he had married the woman he offended with; which lessened the scandal, and was a ground to mitigate the fine. The Lords sustained the reason of suspension to restrict the fine to ten pounds Scots, because the suspender had not the face or air of a gentleman. Albeit it was alleged for the charger, That the suspender's profligateness and debauchery, the place of the country where he lives, and the company haunted by him, had influenced his mien.
Page 352.
The electronic version of the text was provided by the Scottish Council of Law Reporting