Power, - Duty, - Liability of Magistrates relative to Prisoners.
Somervaill v. Bailies of Dunbar
Date: 1 March 1621 Case No. No 7.
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James Baillie Provost, and the Baillies of Dunbar, raise suspension and relaxation of horning used against them by Patrick Somervaill, and Oliver Philip, burgess of Edinburgh, for not taking Learmont of the Hill and Mr James Home, parson of Dunbar, their debtors, rebels; ratio, neither by the first nor second charge, did the messenger or any other either offer to go foot for foot, or designed the place where the rebel was; alleged orderly proceeded, offers to prove since the first charge, whilk was the 19th October 1620, the complainers has intercommuned with Mr James one of the rebels, and so had occasion to have apprehended him, they being charged to that effect:—Probation the allegeance. See No 2. p. 11687.
