Power, - Duty, - Liability of Magistrates relative to Prisoners.
Malachie v. Laird of Renton
Date: 30 July 1629 Case No. No 26.
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The Laird of Renton, Sheriff of the Merse, being charged at the instance of Mungo Malachie, burgess of Edinbugh, within the town of Edinburgh, to take Sir George Home of Manderston, who was not then in Edinburgh, but dwelling in Berwick, and for disobedience is pursued to pay the sum of 1100 merks, addebted by the said Sir George to the said Mango. It was alleged for the Sheriff, That the charge was not good, because it was extra terrirorium, neither did the party offer to shew him the rebel, or to go Foot for foot with him as he ought to do. To which it was replied, That the pursuer offered to prove, that the Sheriff was with the rebel diverse times since the charge given, which is relevant, as he was of sufficient power to take him; and being urged to condescend, he alleged, that rebel had been diverse times in the Sheriff's own honæ accompanied by one and himself.—Undecided.
