Procedure, 19 December 1704, Edinburgh

At Holyroodhouse the thirtie day of August J^aj vi^c and four years

D1704/8/4

D1704/8/4¹

Order

Recommendation to the Threasury in favours of Glengary

Annent the petition given in and presented to His Grace Her Majesties high Commissioner and the Lords of Her Majesties privy Councill by Alexander MacDonald of Glengarrie, Shewing that wheras in the year 1691 the Government having thought fitt, by reason of some troubles than in the Countrey to plant a Garrisone in the petitioners house of Invergarie wherby the petitioner was not only deprived of the use of his property, but likewise very much damnified in his other interest his lands adjacent therto having been lay’d were through the disorderly carriage of the souldiers to the Tennents inhabitants therof, and the woods growing on the saids Lands of a considerable value intirely cutt doun and distroyed, in so much that by occasion of the said Garrison the petitioner has been damnified in the Soume of one hunder and Fiftie pounds sterling yearly since the said year J^aj vi^c and nyntie one, besides the loss of his house which is likely to become altogether ruinous and unhabitable thorow want of due care and reparation and tho the apparent cause of planting the said Garrison hath long ago ceased, all that Countrey being still peaceable and quiet, in due obedience to authority without the least apprehension of Disturbance or Commotion, Yet the petitioner continues under the forsaid loss and inconvenience in his Interest and property without any redress, and as the claime of Right prohibits the putting of Garrisons in privat mens houses in time of peace, without their Consent, or the authority of parliament, so in whatever manner the Government would find needfull or expedient, To make use of the property of privat subjects as the Exigencies of Govenrment might require, Yet in all Law and Equity that should be upon equivalent satisfaction given to the pairties therby damnified, and therfore humbly Creaving His Grace and their Lordships upon consideration of the premisses to ordain the forsaid Garrisone to be removed from the petitioners said house of Invergarie, and to Recommend it to the Lords of Her Majesties Threasury to reimburse me of the losses and damnages sustained by me in my property and interest in manner forsaid, which I shall verifie and prove to the saids Lords, as the said petition bears. His Grace Her Majesties high Commissioner and the Lords of Her Majesties privy Councill having considered the above petition Given in to them by Alexander McDonald of Glengary and the samen being read in their presence, His Grace and the saids Lords doe heirby Recommend to the Lords Commissioners of Her Majesties Thresaury to call for the said Alexander McDonald, that he may in presence of their Lordships and Brigadeir Maitland Governour of Fortwilliam state and instruct the Damnages sustained by him in his houses of Invergary and others his Lands by the Garrison ther, and Recommends to the Earle of Cromerty principall Secretary of State to lay the affair befor her Majestie that she in her Royall wisdome may consider the condition of the said house of Invergary, and if her Majestie shall please to continue the Garrisone ther that it may be without prejudice to the said Alexander McDonald, and Recommends to Sir James Stewart Her Majesties advocat to prepair a State and Representation of the whole affair anent the Garrison of the said house that the samen may be laid befor Her Majestie, for Her Majesties more full Information theranent.