Procedure, 19 December 1704, Edinburgh

Att Edinburgh the Twelfe day of December J^aj vij^c and four years

A1704/12/21

A1704/12/21¹

Act

Act Infavours of Captain Livingston

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Captain John Livingston late of Her Majesties Royall Regiment of foot. Shewing That being under a visible decay and sore gravel and advised by phisicians abroad (²when their prescriptions proved ineffectuall to return to his native air for remedy. The petitioner from the desire he had to reteir from noise and trouble Did come to this Kingdome And on his arrival It was his misfortoun to be apprehended by their Lordships orders, Thereafter banished And ordained to remove himselfe furth thereof against the first of September Last, But on application their Lordships Did prorogat the terme of his removal to the first of January Last. The petitioner layes his hard case before their Lordships and humbly begs their Lordships would consider That his distemper being of that king as seldom fails to prove mortal still continowes with very threatning simptoms as appears by a testificat under the hands of a Doctor and Chirurgion on soul and conscience heirwith produced And that he hes demean’d himselfe with all submission and regaird to the Government And that it is his earnest desire to live heir in peace being sore space by long fatigue and trouble and spend the remains of ane uneasie life amongst his relations. And Therefore creaving their Lordships would be graciously pleased to take off the sentence of his banishment As the said petition bears. The Lords of her Majesties privie Councill Haveing considered the above petition given into them By Captain John Livingston Late of her Majesties Royall regiment of foot And the samen being read in there presence With ane attestation upon soull and Conscience under the hands of Doctor Pitcairn and David Fife of his indisposition The saids Lords Doe heirby prorogate the tyme of his Banishment and removall furth of this Kingdome from the first day of January next to come To the first day of June thereafter Upon his renewing his former Bond And finding sufficient caution in the termes thereof.