George Drummond, Merchant, v. James Dunbar, Messenger
Date: 10 December 1680 Case No. No 44.
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The Lords sustained a libel relevant against him, for paying a debt, for malversing, in giving a declaration to the Privy Council that the Laird of Dundas was only incarcerate upon one caption, whereas he was likewise imprisoned by him on the pursuer's caption, by which concealment he was put at liberty.
1681. July 6.—George Drummond late Bailie in Edinburgh against James Dunbar messenger, anent his arresting the Laird of Dundas; ‘the Lords found where one is imprisoned for a riot by order of the Privy Council, and is arrested in prison by virtue of a caption for a civil debt, if the Privy Council release him, he cannot be detained on pretence of the arrestment, because it falls by consequence, the first cause of imprisonment on which it depends, being relaxed.’ Yea Halton, (who stood very high in this cause for the Privy Council's jurisdiction,) and some others, went this length; that though the first cause of imprisonment had been on a caption for debt, and the second only by the Council, yet he might be liberated by the Council's order; which seems most arbitrary and unjust.
Fol. Dic. v. 2. p. 342. Fountainhall, MS. & v. 1. p. 146.
