Edinburgh the Seventh day of February Jaj vjc nyntie thrie years
D1693/2/9
D1693/2/91
Act
Act and Remitt Captain Baillie
Anent a Petition given in to the Lords of their Majesties privy Councill be Captaine William Baillie of Hardingtoune one of the present Captaines in Coll Buchans regiement Shewing That quher the petitioner being debitor to Walter Cheisly merchant in Edinburgh in the soume of thrie Thousand merks or therby The said Walter has for his securitie of the said soume adjudged his estate amongst the first of this Creditors and has procured ane factor to be appointed be the Lords of Councill and session for uplifting his rents who hade been in actuall possession of his estate these thrie years bygone and upwards And he being most willing that his estate should goe for the payment of his Just debts, has never since intromitted with one six pence therof Bot haveing the honor to bear his majesties Commision in the Regiement Commanded by Coll Buchan have Lived upon the Subsistance allowed him, Notwithstanding quherof The said Walter Cheisly Conceaveing some malice hatred and ill will against the petitioner either upon the accompt of the petitioners being2 in3 his majesties service and his affection to the government Or what other account the petitioner knowes not has most maliciously and unwarrantably apprehended him with Caption and incarcerat him within the Tolbooth of Edinburgh for the said debt for which he is in the possession of the petitioners estate by the comon factor and is dealling with others his Creditors to arreist him Designeing and threatening no Less then his outter4 ruine And which the petitioner humbly conceaved to be most unwarrantable he being Commanded heir by his Commanding officers to guard the recruits from Coll Buchans regiement And to make up their oun recruites againe And so is rendered incapable of exerceeing that Important dutie he is upon which will many wayes prejudge their majesties service, And if such practises be allowed and are unpunished ther should not ane officer in their majesties Forces that owed a six pence dare adventure to come to any marcat toune either to make their recruits or performe other dutie And Therfore Humbly Craveing the Saids Lords would take the premisses to their consideratione and not only order his liberation furth of the Tolbooth of Edinburgh that he may attend his post in the present dutie he was comanded upon, Bot otherwayes to Censure the said Walter Cheisly for so unwarrantable ane act to the terror of others to doe the like as the petition bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Captain William Baillie and answers made therto for Walter Cheisly, They heirby Recomend to the Lords of session to pass and exped a Suspension relaxation and charge to put at libertie at the petitioners instance against the said Walter Cheisly as to personall execution only upon Consignation of a dispensation ominium bonorum et Cautio Juratoria.
1. NRS, PC2/24, 180r-180v.
2. The word ‘upon’ scored out here.
3. Insertion.
4. The word ‘rigne’ scored out here.
1. NRS, PC2/24, 180r-180v.
2. The word ‘upon’ scored out here.
3. Insertion.
4. The word ‘rigne’ scored out here.