Domestic annals of Scotland : $b from the revolution to the rebellion of 1745Chambers, Robert
History
Domestic annals of Scotland : $b from the revolution to the rebellion of 1745
Chambers, Robert
Scotland -- History -- 1689-1745
After a six weeks’ imprisonment, Hamilton came before the Council with
professions of peaceable inclination to the present government, and
pleaded that he was valetudinary with gravel, much increased by reason
of his confinement, ‘and, being a tradesman, his employment, which is
the mean of his subsistence, is altogether neglected by his continuing a
prisoner,’ and he might be utterly ruined in body, family, and estate,
if not relieved. Therefore the Lords very kindly liberated this
delinquent creditor, he giving caution to live inoffensively in future,
and reappear if called upon.
We find a similar case a few years onward. Captain William Baillie of
Colonel Buchan’s regiment was debtor to Walter Chiesley, merchant in
Edinburgh, to the extent of three thousand merks, for satisfaction of
which he had assigned his estate, with power to uplift the rents. He was
engaged in Edinburgh on the recruiting service, when Chiesley, out of
malice, as was insinuated, towards the government of which Baillie was
the commissioned servant, had him apprehended on caption for the debt,
and put into the Tolbooth of Edinburgh. Thus, as his petition to the
Privy Council runs (February 7, 1693), ‘he is rendered incapable of
executing that important duty he is upon, which will many [Sidenote:
1690.] ways prejudice their majesties’ service;’ for, ‘if such practices
be allowed, and are unpunished, there should not ane officer in their
majesties’ forces that owes a sixpence dare adventure to come to any
mercat-town, either to make their recruits or perform other duty.’ For
these good reasons, Baillie craved that not only he be immediately
liberated, but Walter Chiesley be censured ‘for so unwarrantable ane
act, to the terror of others to do the like.’
The Council recommended the Court of Session to expede a suspension, and
put at liberty the debtor; but they seem to have felt that it would be
too much to pass a censure on the merchant for trying to recover what
was justly owing to him.
But for our seeing creditors treated in this manner for the conveniency
of the government, it would be startling to find that the old plan of
the _supersedere_, of which we have seen some examples in the time of
James VI., was still thought not unfit to be resorted to by that
_régime_ which had lately redeemed the national liberties.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account