At Holyroodhouse the Thretty day of August Jaj vijc and four years
A1704/8/8
A1704/8/81
Act
Act banishing Captain Livingstoun
Anent the petition given in and presented To his Grace her Majesties high Commissioner, And the Lords of Her Majesties privie Councill By Captain John Livingstoun late of her Majesties Royall Regiment of foot. Shewing That their Lordships in July last, haveing banished and ordained the petitioner, to remove himselfe furth of the Kingdome against the first of September nixt. And Seeing he is bailed for that effect, As also not to converse with any of Her Majesties Rebells or to cross the Forth: And that he hes behaved himselfe dureing his aboad heir with all due regaird to the Government and their Lordships orders. And that of a long time he hes been under a visible decay and come to this Kingdome by advice of Phisicians for the benefite of his native air, as the last remedie: So that a removeall there from may prove mortall to him: att least that the state of his health cannot allow a sudden removall with out the extream danger of his life As ane testificat under the hand of a Doctor and Chirurgeon on soull and conscience heirwith produced testifies. And Seeing he hes been a stranger heir these Twenty years bygone, Whereby and the present confynment he hes been and is depryved (to his greiff) of occasion to visit his mother in the shyre of Mairnes, who by reason of great age and sickness incident therto is unable to come hither. And therefore humbly Craveing their Lordships To take the petitioners hard2 case and Circumstances to consideration: And from their ordinary clemencie and mercie to take of his sentence of Banishment and restraint: Or at least that their Lordships would prorogat the diet of this Banishment and removeall: To such a time as their Lordships shall think fitt: And in that case to allow him the liberty (if it please God to Enable him) to visit his mother and other relations in this Country As the said petition Bears. His Grace her Majesties high Commissioner And the Lords of Her Majesties privie Councill: Haveing considered the petition given into them By Captain John Livingstoun Late of Her Majesties Royall Regiment of foot: And the samen being read in their presence His Grace and the saids Lords Doe heirby prorogate the petitioners diet and time of his banishment and removall furth of this Kingdome from the first day of September nixt to the first day of January thereafter in the year Jaj vijc and five And allowes the petitioner, to goe to the Countrie and visit his mother and other relations: Upon his giveing Bond and finding sufficient Caution acted in the books of privie Councill That he shall depart furth of this Kingdome Betuixt and the first day of January nixt: And in the mean tyme that he shall live peaceablie under and with all submission to Her Majesties present Government And that he shall not act consult nor contrive anything to the prejudice thereof. Nor converse nor Correspond with any of Her Majesties Rebells or Enemies, And that he shall appear before the Councill or Committee therof when called, under the penalty of One Thousand merks scots money In case he transgress any pairt of the premisses.
1. NRS, PC1/53, 268-9.
2. Insertion.
1. NRS, PC1/53, 268-9.
2. Insertion.