Act, 25 August 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Holy-rude-house the Twentie fyfth day of August Jaj vijc and fyve years

A1705/8/111

Act

Act Prorogating James Drysdales banishment

Anent the Supplication Given in and presented to the Lords of her Majesties privie Councell By James Drysdale Meall-maker in Gilmertoun, Shewing that the Supplicant had the misfortoun after a long imprisonement to be tryed befor the Lords of Justiciary for a Cryme, which he heartily detested, And wherof he was innocent; But ther lordships upon Some presumptions adduced wer pleased to pronounce Sentence of banishment against them, and he was to find Caution for that effect, Upon a representation made by my Lord Advocat the twenty Sixt of June last, The petitioner was ordained by his Grace and ther lordships to be sett at liberty upon his enacting himselfe in the Councell books to depairt the kingdome, And the day being now elapsed, The petitioner humbly begged leave to lay his hard Circumstances befor ther lordships; The petitioner had a wyfe, and a numerous family; By long confynement the small stock he had scraped together, was quyte exhausted, He had nothing but his trade to Support and keep them from Starving, And it was Such as could not be followed in another Countrey; So that if the Said Sentance Should take effect his wyfe and children must goe a begging, The petitioner had Lived honestly and his reputation was Spotles and intire befor the Said Scandall was malitiously broached against him, And Seeing the cryme he was accused for was not proven, And that ther lordships are in use to mitigat and alter the Sentences of that Court, Craving therfor It might please his Grace and ther lordships to take the petitioners deplorable case to consideration And in commiseration therof to take off this Sentance of Banishment, And allow the petitioners to Stay at home, which would be ane act of Christian Charity and compassion And would Save the poor Supplicant, and his distressed family from utter ruine As the said petitione bears, His Grace her Majesties high Commissioner, and Lords of her Majesties Privie Councell haveing considered the petition given in to them By James Drysdale Meall maker in Gilmertoun, and the Samen being read in ther presence, His Grace and the saids Lords have prorogat and heirby prorogats the tyme of the petitioners depairture and banishment furth of the Kingdome untill the first day of November nixt to come, And in the mean tyme appoynts him to inact himselfe in the books of privie Councell that he Shall depairt furth of the kingdome betwixt and the said day, and obtemper the Sentance of the Lords Commissioners of her Majesties Justiciary pronounced against him theranent Sic Subscribitur Argyll Commissioner. Seafeild Cancellar. Queensberrie C.P.S. Annandale S. Loudoun S. Montrose. Northesk. Ballcarras. James Murray.

At Holyroodhouse 25 August 1705

A1705/8/111

Act

Act proroguing James Drysdale’s banishment

Concerning the supplication given in and presented to the lords of her majesty’s privy council by James Drysdale, meal-maker in Gilmerton, showing that the supplicant had the misfortune after a long imprisonment to be tried before the lords of justiciary for a cryme, which he heartily detested, and whereof he was innocent. But their lordships upon some presumptions adduced were pleased to pronounce sentence of banishment against them, and he was to find caution for that effect. Upon a representation made by [Sir James Stewart of Goodtrees] my lord advocate [on] 26 June last, the petitioner was ordained by his grace [John Campbell, duke of Argyll] and their lordships to be set at liberty upon his enacting himself in the council books to depart the kingdom, and the day being now elapsed, the petitioner humbly begged leave to lay his hard circumstances before their lordships. The petitioner had a wife, and a numerous family. By long confinement, the small stock he had scraped together was quite exhausted. He had nothing but his trade to support and keep them from starving, and it was such as could not be followed in another country, so that if the said sentence should take effect, his wife and children must go a begging. The petitioner had lived honestly and his reputation was spotless and entire before the said scandal was maliciously broached against him. And seeing the crime he was accused for was not proven, and that their lordships are in use to mitigate and alter the sentences of that court, craving therefor it might please his grace and their lordships to take the petitioner’s deplorable case to consideration, and in commiseration thereof to take off this sentence of banishment, and allow the petitioners to stay at home, which would be an act of Christian charity and compassion, and would save the poor supplicant and his distressed family from utter ruin, as the said petition bears. His grace her majesty’s high commissioner and lords of her majesty’s privy council having considered the petition given in to them by James Drysdale, meal-maker in Gilmerton, and the same being read in their presence, his grace and the said lords have prorogued and hereby prorogue the time of the petitioner’s departure and banishment forth of the kingdom until 1 November next to come. And in the meantime appoint him to enact himself in the books of privy council that he shall depart forth of the kingdom between [now] and the said day, and obey the sentence of the lord commissioners of her majesty’s justiciary pronounced against him therein. Sic Subscribitur Argyll commissioner; Seafield chancellor; Queensberry privy seal; Annandale secretary; Loudoun secretary; Montrose; Northesk; Balcarres; James Murray.

1. NRS, PC1/53, 420.

1. NRS, PC1/53, 420.