Act, 15 June 1704, Edinburgh

Procedure, 19 December 1704, Edinburgh

Att Edinburgh the fifteen day of June Jaj vijc and four years

A1704/6/161

Act

Act In favours of Mr Robert Davidsone

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill, By Mr Robert Davidsone Prisoner in the Tolbooth of Edinburgh. Shewing, That in March Last, The petitioner was made prisoner, and brought into the Tolbooth of the Cannongate, and from that to the Tolbooth of Edinburgh, where he hes remained these three moneths (without being called for or accused of any crime) to the great prejudice of his health, and being now seized on by a swelling in his body which is lyke to tend to ane Hydropsie, That may carry away his lyfe. And Therefore Craveing there Lordships To take the petitioners case to there consideration, and either sett the petitioner at Liberty or allow him some time (for his health) to goe to the Countrey on Caution to appear when called for. As the said petition Bears. Which petition being upon the Thretteen of June called, The Lords of Her Majesties Privie Councill Haveing considered the above petition given into them By Mr Robert Davidson prisoner in the Tolbooth of Edinburgh, And the samen being read in there presence, The saids Lords Doe hereby appoint and ordaine the petitioner to be brought to the Councill barr the nixt Councill day and answer to what shall be speared at him and laid to his charge for being a priest and traffecquing papist within this Kingdome. Thereafter upon the day and date of thir presents, The said Petition was again Called. The Lords of Her Majesties Privie Councill Haveing considered the above petition, given into them By the above Mr Robert Davidsone, Togither with his oun consent subscryved by him before witnesses Bearing the said Mr Robert to have been seized and apprehended as a suspect Papist and preist, And therefore imprisoned in the Tolbooth of Edinburgh And thereby consents and subscrives to his Banishment furth of the realme under the Certifications, and in the termes of the Act of Parliament of the date The Tuenty thrid day of Novemer Jaj vjc years Entituled Act for preventing the grouth of Poperie And therby Consents that a Sentence of the Lords of Her Majesties privie Councill pass upon him accordingly. And the samen being Read in ther presence The saids Lords Inrespect of the consent forsaid, Have Banished and heirby Banishes the said Mr Robert Davidson furth of this Kingdome never to return thereto without liberty from Her Majestie or the saids Lords of Her Privie Councill, And in the mean tyme confynes him to the Cittie of Edinburgh, and five miles about the same, And for that effect Have appointed and heirby Apoints the said Mr Robert Davidson to give Bond and find sufficient Caution acted in the Books of Privie Councill. That he shall depairt furth of this Kingdome betuixt and the first day of August nixt to come, and shall report ane Certificat of his goeing abroad ane shipe to be transported as said is, and ane other Certificat of his Landing in another Kingdome under the hands of the Magistrats of the place and that betuixt and the first day of September nixt. And in the mean tyme that he shall not exceed the bounds of his said confynment, And that he shall live peaceablie under and with all submission to Her Majesties Government, And that he shall not Act consult nor contrive any thing to the prejudice therof, and that he shall not converse nor correspond with any of Her Majesties Rebells or Enemies And that under the penaltie of Three Thousand merks scots money In case he shall transgress any pairt of the premisses By and attour the Penaltie contained in the forsaids act of Parliament And upon the said Mr Robert Davidsons giveing Bond and finding Caution as said is. Gives order and warrand to the Magistrats of Edinburgh and keepers of there Tolbooth Instantly to sett him at Liberty furth therof.

Att Edinburgh the fifteen day of June Jaj vijc and four years

A1704/6/161

Act

Act In favours of Mr Robert Davidsone

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill, By Mr Robert Davidsone Prisoner in the Tolbooth of Edinburgh. Shewing, That in March Last, The petitioner was made prisoner, and brought into the Tolbooth of the Cannongate, and from that to the Tolbooth of Edinburgh, where he hes remained these three moneths (without being called for or accused of any crime) to the great prejudice of his health, and being now seized on by a swelling in his body which is lyke to tend to ane Hydropsie, That may carry away his lyfe. And Therefore Craveing there Lordships To take the petitioners case to there consideration, and either sett the petitioner at Liberty or allow him some time (for his health) to goe to the Countrey on Caution to appear when called for. As the said petition Bears. Which petition being upon the Thretteen of June called, The Lords of Her Majesties Privie Councill Haveing considered the above petition given into them By Mr Robert Davidson prisoner in the Tolbooth of Edinburgh, And the samen being read in there presence, The saids Lords Doe hereby appoint and ordaine the petitioner to be brought to the Councill barr the nixt Councill day and answer to what shall be speared at him and laid to his charge for being a priest and traffecquing papist within this Kingdome. Thereafter upon the day and date of thir presents, The said Petition was again Called. The Lords of Her Majesties Privie Councill Haveing considered the above petition, given into them By the above Mr Robert Davidsone, Togither with his oun consent subscryved by him before witnesses Bearing the said Mr Robert to have been seized and apprehended as a suspect Papist and preist, And therefore imprisoned in the Tolbooth of Edinburgh And thereby consents and subscrives to his Banishment furth of the realme under the Certifications, and in the termes of the Act of Parliament of the date The Tuenty thrid day of Novemer Jaj vjc years Entituled Act for preventing the grouth of Poperie And therby Consents that a Sentence of the Lords of Her Majesties privie Councill pass upon him accordingly. And the samen being Read in ther presence The saids Lords Inrespect of the consent forsaid, Have Banished and heirby Banishes the said Mr Robert Davidson furth of this Kingdome never to return thereto without liberty from Her Majestie or the saids Lords of Her Privie Councill, And in the mean tyme confynes him to the Cittie of Edinburgh, and five miles about the same, And for that effect Have appointed and heirby Apoints the said Mr Robert Davidson to give Bond and find sufficient Caution acted in the Books of Privie Councill. That he shall depairt furth of this Kingdome betuixt and the first day of August nixt to come, and shall report ane Certificat of his goeing abroad ane shipe to be transported as said is, and ane other Certificat of his Landing in another Kingdome under the hands of the Magistrats of the place and that betuixt and the first day of September nixt. And in the mean tyme that he shall not exceed the bounds of his said confynment, And that he shall live peaceablie under and with all submission to Her Majesties Government, And that he shall not Act consult nor contrive any thing to the prejudice therof, and that he shall not converse nor correspond with any of Her Majesties Rebells or Enemies And that under the penaltie of Three Thousand merks scots money In case he shall transgress any pairt of the premisses By and attour the Penaltie contained in the forsaids act of Parliament And upon the said Mr Robert Davidsons giveing Bond and finding Caution as said is. Gives order and warrand to the Magistrats of Edinburgh and keepers of there Tolbooth Instantly to sett him at Liberty furth therof.

1. NRS, PC1/53, 251-3.

1. NRS, PC1/53, 251-3.