Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent Pactum Pobxeneticum.
Date: 18 December 1679
Click here to view a pdf copy of this documet : PDF Copy
It was debated whether pactum proxeneticum was lawful, seeing it was done in æstro amoris, which is a kind of fury, and gesta in furore non tenent; but æstrum amoris is not so known in law as to be a ground whereon to quarrel what is then done, else all matrimonial provisions might be quarrelled. See Benevent. Stracca de Proxenetis; and Harprecht. ad § 1, Inst, de Inoff. Test. But I think there will be little doubt that a curator ought to seek no reward for procuring a good marriage to his minor.
