Power, - Duty, - Liability of Magistrates relative to Prisoners.
E Cassillis v. Aitkin
Date: 21 March 1627 Case No. No 20.
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In an action at the instance of the Earl of Cassillis against Aitkin, to hear and see it found, that he as Bailie to the Bishop of Galloway (who hath not the lands of that bishoprick in a regality), is not subject nor obliged in law, by virtue of charges of caption executed against him eo nomine as the Bishop's Bailie, to take rebels; and that no such charges shall take effect against him, to cause him take rebels in time coming; the Lords sustained this action, and the general desire of that summons, albeit one party was only called thereto, who had executed the like charges against him eo nomine; and the Lords found, that Bailies to Bishops, or Baron-bailies, are not subject in law to apprehend rebels; these Barons, or Bishops' lands, not having regality, nor some other the like or more sovereign power of jurisdiction, than as Baron or Bishop's Bailie.
Act. Nieolson.Alt. Scot.Clerk, Gibson.
Fol. Dic. v. 2. p. 166. Durie, p. 293.
