Act, 2 May 1704, Edinburgh

Procedure, 19 December 1704, Edinburgh

Edinburgh The second day of May One Thousand seven Hundereth and four years

A1704/5/51

Act

Act Infavours Alexander McDonall of Glengarie

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Alexander McDonald of Glengerie Shewing That where as the petitioner hath been incarcerat by order of a Committee of there Lordships number upon this ground (so far as the petitioner can understand) that the petitioner acknowledged before them, That he had conversed with Captain John Murray seeing him amongst others in the outter rooms of the palace of Holyroodhouse where Her Majesties High Commissioner did then reside. And Seeing the said Captain John Murray was then at full liberty goeing up and doun and converseing generallie with all the persons of Quality in the City without any hinderence or restrent, The petitioner humbly conceaved that such ane occasionall converse with the said Captaine Murray noewayes relaiting to matters of state, Could not bring the petitioner under the least suspicion of treason or any Jealousie in relation to the government, And so not deprive the petitioner of the commone benefite allowed to the Leidges by the Act of Parliament of being freed from imprisonment upon finding sufficient Caution to answer when called. And Therefore Creaving their Lordships upon consideration of the premisses. To ordaine the petitioner to be sett at Libertie upon finding sufficient Caution for appearing before there Lordships whensoever their Lordships shall please to appoint As the said petition Bears. Which Petition being upon the Tuenty Eight of March Last Called. The Lords of Her Majesties Privie Councill Haveing considered the above petition given into them By Alexander McDonall of Glengarie, And the samen being Read in there presence The saids Lords Doe heirby Delay the samen. Thereafter upon the day and date of thir presents, The said petition being againe Called. The Lords of Her Majesties privie Councill. Haveing considered the above petition given into them by Alexander McDonell of Glengarie, And the samen being Read in there presence, The saids Lords Doe heirby ordaine the petitioner to be sett at Liberty furth of the Castle of Edinburgh upon his giveing Bond and finding sufficient Caution acted in the books of privie Councill, for his appearing before the saids Lords when called and liveing peaceablie in the mean tyme and with all submission to Her Majesties present Government, And that he shall not act Consult nor contrive any thing in prejudice therof, Nor converse nor Correspond with any Rebells under the penaltie of Three Thousand merks scots money. And als upon his giveing Bond and finding sufficient inland Caution, in the termes of and Conforme to the Bonds given by the Highland Clans, And that under the penaltie of Three Thousand merks money forsaid. And have allowed and hereby allowes, the Clerks of Councill, To receave Alexander McKinzie younger of Prestonhall, Cautioner and the said two Bonds, And appoints the Clerks of Councill, to receave the said Bonds accordingly. And hereby Recommends to the Governour and Deputy Governour of the Castle of Edinburgh, And in there absence Gives order and warrand, To the nixt Commanding officer there, Immediatly to sett the person of the said Alexander McDonell at Liberty furth of the said Castle upon his giveing Bond and finding sufficient Caution acted in the books of privie Councill as above.

Edinburgh The second day of May One Thousand seven Hundereth and four years

A1704/5/51

Act

Act Infavours Alexander McDonall of Glengarie

Anent the petition given in and presented to the Lords of Her Majesties Privie Councill By Alexander McDonald of Glengerie Shewing That where as the petitioner hath been incarcerat by order of a Committee of there Lordships number upon this ground (so far as the petitioner can understand) that the petitioner acknowledged before them, That he had conversed with Captain John Murray seeing him amongst others in the outter rooms of the palace of Holyroodhouse where Her Majesties High Commissioner did then reside. And Seeing the said Captain John Murray was then at full liberty goeing up and doun and converseing generallie with all the persons of Quality in the City without any hinderence or restrent, The petitioner humbly conceaved that such ane occasionall converse with the said Captaine Murray noewayes relaiting to matters of state, Could not bring the petitioner under the least suspicion of treason or any Jealousie in relation to the government, And so not deprive the petitioner of the commone benefite allowed to the Leidges by the Act of Parliament of being freed from imprisonment upon finding sufficient Caution to answer when called. And Therefore Creaving their Lordships upon consideration of the premisses. To ordaine the petitioner to be sett at Libertie upon finding sufficient Caution for appearing before there Lordships whensoever their Lordships shall please to appoint As the said petition Bears. Which Petition being upon the Tuenty Eight of March Last Called. The Lords of Her Majesties Privie Councill Haveing considered the above petition given into them By Alexander McDonall of Glengarie, And the samen being Read in there presence The saids Lords Doe heirby Delay the samen. Thereafter upon the day and date of thir presents, The said petition being againe Called. The Lords of Her Majesties privie Councill. Haveing considered the above petition given into them by Alexander McDonell of Glengarie, And the samen being Read in there presence, The saids Lords Doe heirby ordaine the petitioner to be sett at Liberty furth of the Castle of Edinburgh upon his giveing Bond and finding sufficient Caution acted in the books of privie Councill, for his appearing before the saids Lords when called and liveing peaceablie in the mean tyme and with all submission to Her Majesties present Government, And that he shall not act Consult nor contrive any thing in prejudice therof, Nor converse nor Correspond with any Rebells under the penaltie of Three Thousand merks scots money. And als upon his giveing Bond and finding sufficient inland Caution, in the termes of and Conforme to the Bonds given by the Highland Clans, And that under the penaltie of Three Thousand merks money forsaid. And have allowed and hereby allowes, the Clerks of Councill, To receave Alexander McKinzie younger of Prestonhall, Cautioner and the said two Bonds, And appoints the Clerks of Councill, to receave the said Bonds accordingly. And hereby Recommends to the Governour and Deputy Governour of the Castle of Edinburgh, And in there absence Gives order and warrand, To the nixt Commanding officer there, Immediatly to sett the person of the said Alexander McDonell at Liberty furth of the said Castle upon his giveing Bond and finding sufficient Caution acted in the books of privie Councill as above.

1. NRS, PC1/53, 234-5.

1. NRS, PC1/53, 234-5.