Act, 27 December 1694, Edinburgh

Eodem die [13 March 1694], Post Meridiem

D1694/3/28

D1694/3/28¹

Act

Act Sir Francis Kinloch

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir Francis Kinloch of Gillmartoune Shewing that quher the petitioner being Creditor upon the estate of Boningtoune for upwards of Threttie thousand pund and haveing exposed the Lands to sale in the ordinary forme, Alexander Chaipland writter to the signet being preferred from whom the petitioner decyves right which is the last remeed for recovering payment of his Just debt And which at the same time will subject him for the superplus of the pryce to other Creditors And yet nevertheless the petitioner has Just reasone to be affraid that his possession will be disturbed as it has been formerly by Charles Scot of Bonytoune the comon debitor when he endeavored to possess the estate be vertue of his reall rights Lykeas the petitioner has raised letters of Laborrowes against the said Charles Scot the late heritor and hitherto hath found no Cautione, And in the mean time he doeth violently and masterfully Robb and oppress the tenants of the said Lands and insolently minace and threaten the purchaser in manifast contempt of Justice and the Lawes of the kingdome, And does Continue to Shelter himself within the presincts of the Abbay, albeit he be not only under Captione for many Civill debts, But likwayes Declared fugative upon aproces before the Justice for deforcement And seing it is of very ill example that his majesties pallaces should be a protection for any in such Circumstances, and that ther is absolute necessitie the saids Charles Scot be put to the Outmost rigour And Therfore humbly Craveing the saids Lords would be pleased to ordaine the baillie of the Abbay not to receive the said Charles Scot within the presincts And to declair that his persone shall be alse open to the executione of the petitioners Caption within the Abbay or any other priviledged place of the kingdome as also that the saids Lords would grant warrand and order to the Commanders of the forces to asist the petitioner upon production of the saids Lords warrand when requyred for the vindicatione of the honor and Justice of the natione which sufers extreamly by this contempt of the Lawes within four myles of the Capitall city of the kingdome as the petition bears The Lords of their majesties privy Councill haveing Considered this petition given in to the be the above Sir Francis Kinloch with themselves Under a nottars hand Intimating to Scot of Bonnytoun to give in answers to this petitione Which he hes not done, They heirby Recomined to Sir Thomas Liveingstoune Comander in Cheif of their Majesties forces to be asistant to the petitioner which military force in puting his letters of Captione to executione against Charles Scot of Boytoune at any place without the presinct of the abbay of Hollyruidhouse.