Eodem die [13 March 1694], Post Meridiem
D1694/3/27
D1694/3/271
Act
Act Richard Pulline
Anent a Petition given in to the Lords of their Majesties privy Councill be Richard Pulline prisoner in the Tolbooth of the Cannogate Shewing That quher the petitioner being Imprisoned upon a pretended clame by the Earle of Dunigald in Ireland against the petitioner for prosecuting quherof the saids Lords did Grant a Commissione to Coll Forbes And as to this Complaint the petitioner did humbly represent to the saids Lords by a petition upon the fiftein of February last And that the petitioner being ane stranger not only Ignorant of the lawes and customes of the natione, But altogither unknowen here, And that it could not be expected that the petitioner could find Cautione for the soume pretended to be due be the petitioner to the said Earle But that the petitioner doeth understand that it doeth not consist with the Lawes of this nation to seaze upon or secure any mans persone upon the accompt of ane Civill claime, But that the clame must be constitute by Decreet and the Decreet execute upon a Competent number of dayes and in case no obedience were given Law allowes personall Imprisonment As this is the Law of the Subjects of this natione, So the petitioner being ane Stranger might Justly decline to answer before any Judicatory in it upon the accompt of any debt or misdemanor unles the same hade been Comitted dureing the petitioners abode within this natione Or against their Majesties government and the petitioner doeth contend that he could far less be put and detained in prison nor oblidged to answer to any Judicatory in the nation upon the accompt of any privat debt not contracted in it, or for the Cause of any alledged missdemanor in another nation being of a privat concerne and if the petitioner a Stranger hade been at all Conveenable he ought to have hade the priviledge of subjects, And seing no subjects could be sumarly seazed upon and Imprisoned he did humbly expect the saids Lords would grant his liberation specially Considering that ther was no evidence or instruction either of misdemanor or debt offered against the petitioner, Upon which aplicatione the saids Lords were pleased to order the Earle of Duningald or any haveing Commissione from him to insist against the petitioner for any thing his Lordship hade to lay to the petitioners charge and that before any Judge competent within this kingdom and that betwixt and the fifteinth instant, And Granted warrand to sett the petitioner at libertie upon his finding Cautione acted in the saids Lords books that he should atttend the dyets of proces to be intented and executione of the sentance to be pronunced against the petitioner untill the forsaid day In obedience to which sentance and in regaird he being a Stranger and could not find Caution for So great a Soume the petitioner hade Lyen in prison now for the Space of a moneth since the saids Lords interloquitor and thrie weeks before the same Wherby the petitioners health is greatly prejudged and his affairs slighted to his great Disadvantadge and all occasioned by the instigation of some malitious servants that have gott into the Earle of Duningalds Service Neither is ther so much as a sumonds or proces raised against the petitioner to this very hour notwithstanding of the saids Lords perempter appointement and his readiness to answer the same 2 And Thefore humbly Suplicating the saids Lords to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Richard Pauline, They heirby Give order and warrand to the baillies of the Cannogate and keeper of their Tolbooth, To sett the petitioner at Libertie furth therof at any time after the fifteinth of March instant unless the Earle of Dunegald or some other haveing Commission from him doe insist against him before any Judge Competent within this kingdome betwixt and the said day.
1. NRS, PC2/24, 376r-376v.
2. The words ‘as the petition bears’ scored out here.
1. NRS, PC2/24, 376r-376v.
2. The words ‘as the petition bears’ scored out here.