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Scottish Court of Session Decisions >>
Wedderburn v Monorgun. [1612] Mor 9453 (6 March 1612)
URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor2309453-003.html Cite as:
[1612] Mor 9453
Paction of perpetual banishment, in lieu of assythment for slaughter, was found unlawful without the King's consent.
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A contract whereby a man for assythment of slaughter, for the which he was prisoner, binds himself to perpetual banishment, and never to return to the kingdom, nor to seek licence nor warrant for his returning, under a great pecuniary pain, not found lawful to infer contravention and payment of the sum, because the King's privilege cannot do that without the King's consent, especially he, as being convicted of a capital crime. It was remembered, That the Laird of Drum and my Lord Forbes obtained the King and Council's consent to their contract of banishment of John Forbes of Cossundie, and his accomplices, and that the decreet-arbitral betwixt the Arthours and Walletis, for banishment of the Walletis, was not sustained till it was ratified by the King.
