Power, - Duty, - Liability of Magistrates relative to Prisoners.
Thomas Feudar v. The Magistrates of Haddington
Date: 14 December 1687 Case No. No 57.
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Redford reported the subsidiary action pursued by Thomas Feudar, servant to Sir Patrick Home, Advocate, against Sir William Paterson, Provost, and the other Magistrates of Haddington, for suffering one Cowan to escape out of their tolbooth. The defence was, that his escape was fortuitous, &c. and the act of sederunt, made in July 1671, and the occasion thereof, (being the debate between the Town of Brechin and Laurence Dundass) were cited, with other practiques. The Lords found the defence relevant, that the prisoner escaped casu improviso, in so far as Claver's troop being at Haddington on the 14th of October, and having the keys of the tolbooth where they kept guard, and they in a frolic having caused the prisoner drink the king's health, in the disorder and confusion the rebel had escaped; and that the Magistrates, within two or three days, after a search, did apprehend and put him again in prison; and recommended to the reporter to inquire into that point, anent the pursuer's taking an assignation during the dependence of the plea, because he was a member of the house, contrary to the act of parliament.
Fol. Dic. v. 2. p. 171. Fountainhall, v. 1. p. 490.
