Found, the magistrates of a burgh of barony had no power to incarcerate till caution be found.
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In a suspension, Salmond contra Duncan Lindsay, the Lords found a decreet given by the Bailies of Leith, against one who became cautioner for another person, who was arrested by the said Bailies, to answer for him as law will, to be null, summarily by way of suspension, because the Bailies of Leith were but Bailies of a burgh of barony; and the Lords found, That the privilege to arrest or incarcerate any person, while caution was found to answer as law will by them, was only introduced in favour of burgesses of free burghs royal, whose magistrates might only do the same, and that that privilege was not competent to any burgh of barony, or any other magistrate in other places, which were not erected with the privileges of burghs royal. See Burgh Royal.
