Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by WILLIAM FORBES, ADVOCATE.

The Magistrates and Procurator-fiscal of New-Galloway
v.
John Canon of Barley

Date: 27 June 1710

Click here to view a pdf copy of this documet : PDF Copy

At discussing a suspension of a decreet of the Bailies of New Galloway, fining John Canon in 300 merks for swearing thirty oaths, that is, in ten merks for each oath, conform to the Act 19. Par. 1. Sess. 1. Act 22. Par. 2. Sess. 3. Ch. 2. upon this ground, that the act of Parliament, imposing ten merks for swearing toties quoties, is to be understood of ten merks, not for every oath, but for every conviction; as the words toties quoties are taken in the Act 38. Par. 1. Sess. 1. Act 21. Par. 2. Sess. 3. Ch. 2. and therefore, in church judicatures, a person is never censured as guilty of relapse, till after conviction. The Lords found, that toties quoties in the act of Parliament is to be understood of every oath, and not of every conviction only. But they modified and restricted the fine to L.100; in respect it was alleged for the suspender, that the oaths were emitted by him in passion, when provoked by abuses he met with from the Magistrate and his coy-duke, who tempted him to swear, that they might catch him in a fine: and preceding provocation extenuates the punishment of crimes in foro soli, though not in foro poli; and it may be said of oaths vented in passion, (which is brevis furor,) that lingua juravi, mente juravi nihil.

Page 415.