Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

John and Magnus Arthur
v.
Geddies and Wallets

1590.

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Mr John and Mr Magnus Arthurs pursued the Geddies and the Wallets in St Andrew's, and their cautioners, for the contravention of a decreet-arbitral, by which they were decerned to be banished the country for certain years, or during the will of the pursuers, and not to resort within a mile of St Andrew's, under the pain of ——— lib. Alleged, That the decreet was null, in so far as it had prescribed a pain of banishment, which no private man could do by law, cum de jure non sit singulis concedendum quod per magistratus fieri potest: nevertheless the Lords repelled the exception, in respect they thought it a part of the assythment made to the party, 1590, and that it was quasi voluntarium exilium.

Page 14.