Power, - Duty, - Liability of Magistrates relative to Prisoners.
Ashurst v. Cuming
Date: 10 January 1662 Case No. No 35.
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William Cuming, Bailie of Glasgow, is pursued by Henry Ashurst, merchant in London, for suffering Robert Gray, merchant, to escape, being taken with caption, and was presented to the Bailie by the messenger who took him, and required, by way of instrument, to put him in firmance. It was answered, That the Bailie was only required at ten o'Clock in the night, when he was going to bed: That the Bailie commanded an officer to wait upon the messenger, and take the rebel to prison, there being other two with him; but he did by speed of foot run away, leaving his cloak behind him, before he went to the prison-house; and that now the rebel is re-taken and imprisoned, without any prejudice to the pursuer. It was replied, That the Bailie's fault or neglect did render him debtor to the pursuer; and the rebel's incarceration cannot liberate him therefrom,
The Lords, before answer, ordained the pursuer to condescend, whether the rebel be in worse condition or not, the time of his incarceration.
