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The Bishop of Ross v Donald Fouller. [1670] 2 Brn 479 (30 June 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020479-0798.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
The Bishop of Ross v. Donald Fouller
Date: 30 June 1670
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The Lords would not sustain this as a relevant reason of reduction of a bond: That it was granted by one taken with caption, and by reason of sickness upon his body unable to go to prison, (all which the very bond narrated;) since that is metus justus et licitus, being done authore prætore. Yea, they found a man being charged with horning on a decreet, and taken with caption, and then, in the hands of the messenger, granting such a bond, that the said bond was a homologation of the decreet: though a man cannot be properly said to homologate but where he has a free consent, which is not here. Vide L. 22. D. quod metus causa; et Cragium, pagina 127.
