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Scottish Court of Session Decisions >>
The Magistrates of Glasgow [1680] 3 Brn 366 (15 July 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030366-0490.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Magistrates of Glasgow
Date: 15 July 1680
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The Bailies of Glasgow having paid a fine to the Lord Ross, (to whom the king and privy council had gifted it,) for suffering two malefactors to escape; the Magistrates, having at last got the two malefactors, pursue them, having first discussed their jailer and his cautioners. They alleged, they were not liable, because they broke not the prison, but, finding the doors open, they came forth; which they might lawfully do; and the title whereupon they could be convened in law was only de effractoribus carcerum, whereof they were not guilty. This suffered some debate with the Lords; which seemed strange. At last they found them liable, being put in for crimes, and not for civil debts; and therefore repelled their allegeance.
