Power, - Duty, - Liability of Magistrates relative to Prisoners.
Halyburton of Innerleith
Date: 17 November 1675 Case No. No 51.
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The Lords, upon a bill presented by———Halyburton, late of Innerleith, prisoner in Edinburgh for debt, did permit that, until January next, he should in the day time go out with a keeper, the magistrates being liable if he should escape: This was done upon pretence that he intended to settle with his creditors, which he could not do unless he were allowed the liberty foresaid: But some of the Lords were of the opinion, that the imprisonment of a debtor being the ultimate length of execution, and not only custodiæ, causa, but in that effect tædio and fætore carceris debtors may be driven to take a course with their creditors; that therefore the Lords had not power to give any indulgence or permission, contrary to law, and in prejudice of creditors, without their consent.
