Act, 27 December 1694, Edinburgh

Edinburgh the Fiftein day of February J^aj vj^c nyntie four years

D1694/2/21

D1694/2/21¹

Act

Act Richard Pulline

Anent a Petition given in to the Lords of ther Majesties privy Councill be Richard Pullin prisoner in the Tolbooth of the Canongate, Shewing That quher the petitioner is Imprisoned upon an pretended clame by Dunigald in Ireland against the petitioner for prosecuteing quherof his Lordship hath granted a Comission to Collonoll Forbes mentioneing that the petitioner without any legall authoritie hade taken up a Considerable soume of money And have made upse of his Lordships name and Contracted debt to the value of one Thousand pounds sterling of the rent But hade obsconded himself and Caried away papers of Concernment As to this Complaint it is humbly represented that being a stranger not only Ignorant of the Lawes and Custome of this peace bot altogither unknowen here as to his Lyfe and Conversatione It Cannot be expected that the petitioner could find baill for tat soume But that the petitioner doeth understand that it does not Consist with the lawes of this natione to sease upon or secure any mans persone upon the account of Civill Clame But that the clame must be Constitute by Decreet upon citatione And that the Decreet being obtained dilligence must be execute upon a Competent number of dayes, And therafter if no obedience be given the Law allowes personall Imprisonment as this is the Law to the subjects of this natione, so the petitioner being a stranger might Justly declyne to answer before any Judicatory upon the account of any debt or even a misdemaner unless the same hade been Comitted dureing his abode within the natione, or against their majesties government within the thrie kingdomes If the petitioner were Culpable of any such offence, The petitioner doe acknowledge that he might be brought to ane account or punished quher ever the petitioner were apprehended within any of their majesties Dominions But the petitioner does Contend that the petitioner can neither be present nor detained in prisone nor oblidged to answer to any Judicatur of this natione, upon the account of any privat debt not Contraverted in it, or for the Cause of any alledged misdemanor in another natione, being of a privat Concerne, And it is not agreeable to the Law of nationes to attach any stranger demaneing himself peacably upon the accompt of any pretended misdemaner in another natione, But at least if a Stranger were at all Conveenable, he ought to have the priviledge of subjects, And seing no subject could be thus sumarly seazed or detained in prison The petitioner humbly expects that upon this his applicatione, The Lords would Grant his Liberatione Tertio ther is no present evidence or instructione of misdemanor or debt offered, upon the Contrary the Earles factory bears that the petitioner was his late servant, and if the petitioner was dissmissed from his service, without any Complaint It is very hard that the petitioner should be seized upon Summer applicatione without any other evidence or instructione But that the earle hath been prevailled upon to declair that the petitioner hath intromitted with his money and seaze upon his papers Which the petitioners absolutely deny and he is willing to purge himself if both upon oath, And farder the petitioner is willing to depone that he hade the opportunity to see the Earle at Rotchester in England since the petitioner was Discharged of his Sort And then ther was not the least mentione of any clame against the petitioner Bot on the Contrary the Earle was pleased to invite the petitioner to returne to his service, so that the petitioner is above measure surprissed with this wholl matter and procedur, And Therfore Humbly Craveing the saids Lords to Consider that he was not charged with any offence or misdemanor against the government of this natione nor upon any publict account or offence against their Majesties whom god long preserve, And to Consider Whither it be agreeable to the lawes of this natione to oblidge the petitioner to answer to any private clame or Complaint in relatione to what the petitioner is alledged to have acted or owed in another kingdome, And if the petitioner be at all oblidged to answer in relatione to such matters, Whither the petitioner have not the priviledge of other subjects, And Cannot be detained in prison, And Therfore to appoint the petitioners liberatione at the least that the petitioner may be put in his Chamber under a guard upon the petitioner oun charge untill his case be farder heard as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to the be the above Richard Pulline with the Earle of Dingalls Commmissione mentioned in the said petition, They heirby ordaine the Earle of Dungald or any haveing Commission from him to insist against the petitioner for any thing he has to Lay to his charge and that before any Judge Competant within this kingdome betwixt and the fifteinth day of march nixt to come And Ordaines the petitioner to find suficient Cautione acted in the books of privy Councill that he shall attend the dyets of ² process to be intented and executione of the sentance to be pronunced against him untill the forsaid day And upon finding of this Cautione gives order and warrand to the magistrats of Edinburgh baillies of the Cannogate and keeper of their Tolbooth or Commanding officer of the guards under whose Custody the petitioner may be to³ sett him att Libertie.