Act, 30 May 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Holyrudehouse the threttieth day of May Jaj vijc and fyve yeirs

A1705/5/301

Act

Prorogation of Captain Livingstons banishment

Anent the petition given in and presented to his Grace her Majesties high Commissioner, and Lords of her Majesties Privie Councell By Captain John Livingstoun late of her Majesties Royall redgment of foot, Shewing that the petitioner being wnder Sentance of banishment Since September Last, had on severall occasions obtained a prorogation of his removeall from this kingdome to the first of June nixt, He humbly beged ther lordships to consider /1o/ That the dangerous State of his health was one of the motives that induced him by the advyce of Phisitians abroad to come to this kingdome to try his native air, when ther medicins failled of Success. /2do/ That he continues allmost in the Same dangerous habite of body, being under a felt gravell, and visible decay, and thought to have ane Ulcer in the Kidneyes, in wherby it is impossible to him to travell, without eminent hazard of lyfe, which is evident, as of itselfe, So by the attestation of a phisitian and Surgeon heirwith produced, 3o/ That Since his arryvall he hes given offence to non, but behaved himselfe with all due honor to the saids Lords ther orders, (4o/ That his health not allowing him to follow any Imployment (as in all probability it never can) he is desyerous for reasons obvious enough to continue with his freinds heir /5o/ That the petitioners removeall from this kingdome might be of dangerous consequence to his profession being a protestant, which he hopes in God to preserve to the end of his lyfe as he hes hitherto done inviolably, The Roman Catholicks (as is very weell knowen to your lordships) seldome or never never failling by all the arts and inducements imaginable to indeavour to proselite men in farr better circumstances then the petitioner was, And therfor Craveing it might please ther lordships graciously to take off the Sentence of his banishment, As the said petition bears, His Grace her Majesties high Commissioner, And Lords of her Majesties Privie Counsell having considered the within petition given in to them by Captain John Livingston late in the redgment of foot Commanded by the late Earle of Dumbarton, And the Samen with ane attestation upon Soull and conscience wnder the hand of a Phisitian and Surgeon being read in their presence, His Grace, and the Saids Lords Doe heirby continue the deportatione of the petitioner furth of this kingdome till the Ellevinth day of November nixt to come, And in the mean tyme appoynts him to renew his Caution in the termes of his former bond.

At Holyroodhouse 30 May 1705

A1705/5/301

Act

Prorogation of Captain Livingston’s banishment

Concerning the petition given in and presented to his grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council by Captain John Livingston, late of her majesty’s royal regiment of foot, showing that the petitioner being under sentence of banishment since September last, had on several occasions obtained a prorogation of his removal from this kingdom to 1 June next, he humbly begged their lordships to consider /1o/ That the dangerous state of his health was one of the motives that induced him by the advice of physicians abroad to come to this kingdom to try his native air, when their medicines failed of success. /2do/ That he continues almost in the same dangerous habit of body, being under a felt gravel, and visible decay, and thought to have an ulcer in the kidneys, in whereby it is impossible to him to travel, without eminent hazard of life, which is evident, as of it self, so by the attestation of a physician and surgeon herewith produced. 3o/ That since his arrival he has given offence to none, but behaved himself with all due honour to the said lords their orders. 4o/ That his health not allowing him to follow any employment (as in all probability it never can) he is desirous for reasons obvious enough to continue with his friends here. /5o/ That the petitioner’s removal from this kingdom might be of dangerous consequence to his profession, being a Protestant, which he hopes in God to preserve to the end of his life as he has hitherto done inviolably, the Roman Catholics (as is very well known to your lordships) seldom or never never failing by all the arts and inducements imaginable to endeavour to proselyte men in far better circumstances than the petitioner was. And therefor craving it might please their lordships graciously to take off the sentence of his banishment, as the said petition bears. His grace her majesty’s high commissioner and lords of her majesty’s privy council having considered the within petition given in to them by Captain John Livingston, late in the regiment of foot commanded by the late [George Douglas] earl of Dumbarton, and the same with an attestation upon soul and conscience under the hand of a physician and surgeon being read in their presence, his grace and the said lords do hereby continue the deportation of the petitioner forth of this kingdom till 11 November next to come, and in the meantime appoint him to renew his caution in the terms of his former bond.

1. NRS, PC1/53, 408.

1. NRS, PC1/53, 408.