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Mr. William Gordon of Balcomy, Advocate, raises a process for wrongous imprisonment, against Sir William Hope, on this ground, That having taken an assignation to a debt of the said Mr. William's, he had incarcarated him thereon notwithstanding it was paid by his intromissions with his rents; and craving this might be summarily called, as is appointed by the 6th act of Parliament 1701 anent personal liberty. The Lords found it could claim no such privilege of summary discussing, seeing that act relates only to imprisonment for crimes, and not for civil debts; but thought if any were illegally and unwarrantably incarcerated, though for debts, that they had an action in law for damages sustained by the said illegal imprisonment, by virtue of the common law, before that act 1701 was made.
