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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Apprentice fee
Date: 21 February 1671
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This is an action at a Sutor's instance in the Potterrow, against ———, who was cautioner for payment of the prentice fee in the indenture, to pay it. Against which it was alleged, That he could not be heard to seek this prentice fee, because it was offered to be proven, (and a term behoved to be assigned for proving it, though he was in suspension, because it was facti,) that the boy staid not half a year with him, and that through his default, who did beat him till he was both blea and bloody, and to the effusion of his blood; and his cruelty was so great, that the boy durst stay no longer with him: and albeit moderate chastisement be permitted to a master, attamen inhumanum et nullatenus Christianum est sævire in servos, l. 5. p. ult. et l. 6. D. ad legem Aquiliam. To which it was replied, That in fortification of his charge, he offered him to prove that he used him no otherways than the other sutors in the neighbourhood use their prentices.
My Lord Advocate, before answer to the relevancy, appointed a conjunct probation to both.
