Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Fifteenth day of Aprile J^aj vj^c nyntie six years

A1696/4/74

A1696/4/74¹

Act

Act Mr Thomas Wallace of Elderslie

Anent the petition given in to the Lords of his Majesties privie Councell By Mr Thomas Wallace of Elderslie Sheuing That wher the petitioner having been under baile to appear before their Lordships when called And to Live peacably in the Mean tyme Did accordingly appear and uas by their Lordships order Committed to prisone And seing the petitioner hes Lived peacably ever since he was putt under Caution and did appear upon the first advertisement He had Just Ground to believe he might have been Continoued under Cautione But seing their Lordships thought fitt to Committ him to prison that he may be Continoued ther for some tyme by reasone of their Lordships Long adjurnment Finding his health already Impaired during this his short stay He hes Just reasone befour worse consequences if he should Continow Longer in prisone during the hot seasone of the year And Therfore Humblie Craving their Lordships aither to allow the petitioner his Libertie upon Cautione to Live peacably and appear when called as formerly or otherwayes to allow him to depart out of the kingdome within such Competent tyme as their Lordships shall find Convenient for him to putt his privat affairs in some order Both for extricating them out of the Confusion they have fallen under this whyle bypast and putting them on some setled method for the future And to allow him Libertie to goe about his affairs aither upon baile or upon his Act of Banishment during the tyme their Lordships shall think fitt to allow him And the petitioner is Content to Inact himself under such penaltie as their Lordships shall think fitt not to returne to this kingdome without his Majesties or their Lordships particular allowance to that effect as the said petition bears The Saids Lords of his Majesties privie Councell Having Considered this petitione given in to them by the above Mr Thomas Wallace They heirby Give order and warrand to the magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioner at Liberty furth therof He first appearing before Sir James Steuart his Majesties advocat and Enacting himself in the books of his Majesties privie Councell In such tearms and under such penaltie as his Lordship finds he hes allowance for from his Majestie That he shall depart furth of his Majesties Dominions and that within such a tyme as the Lord Advocat shall appoint And also first Giving bond and finding sufficient Cautione acted in the books of privie Councell That he shall Live peacably under and with all submission to the present government of his Majestie King William And that he shall not Act Consult or Contrive anything In prejudice therof nor shall not Converss or Correspond uith any Rebells And that he shall appear before the saids Lords of his majesties privie Councell when called for or requyred therto And that under the penaltie of five Hundreth pounds Sterling In caise he shall transgress in any pairt of the premisses and upon Granting new bond appoints the former to be given up Before Extracting of the said Act Compeared the said Mr Thomas Wallace In presence of the Lord Advocat Conforme to his Lordships report after Insert wherof the tenor Folloues Compeared before Sir James Steuart his Majesties Advocat Mr Thomas Wallace of Elderslie And ther Conforme to ane ordinance of the Lords of privie Councell of the date the fifteenth instant Band obleidged and Inacted himself in the books of privie Councell That he shall Depairt furth of this kingdome and of his Majesties haill other dominions betuixt and the fifteenth day of June nixt to Come or sooner at any tyme after the fifth day of may nixt to Come in caise the Lords of his Majesties privie Councell shall think fitt that he depairt before the said Fifteenth of June nixt As Lykeuayes That being furth of this Kingdome and his Majesties other dominions He shall not goe to any of the dominions of the French King with whom his Majestie is in present open warr But shall abyde furth of this kingdome and his Majesties other Dominions and not goe to the Dominions of the French King without his Majesties express warrand As Lykeuise that during his forsaid aboad abroad as said is He shall not Contrive or act against his Majestie his Government Forces or alleyes directly or Indirectly In any sort and that under the pains Contained in the act of parliament J^aj vj^c nyntie three against Corresponding uith France And Farder Mr Thomas Wallace as principall and […] as Cautioner with and for him Band and obleidged them Conjunctly and severally and as Enacted in the forsaid books of Councell That he the said Mr Thomas Wallace shall in the mean tyme before the said departure Live peacably with all submission to the present government of his Majestie King William And shall not Act Consult or Contrive anything in prejudice therof nor Converse or Correspond uith any rebells And farder that the said Mr Thomas shall appear before the Lords of privie Councell when called for or therto requyred at any tyme before his said Departure and that under the penaltie of five Hundred pounds sterline To be payed by principall or Cautioner In caise the principall transgress in any pairt of the premisses sic subscribitur James Steuart