Act, 30 August 1704, Edinburgh

At Holyroodhouse the Thretty day of August Jaj vijc and four years

A1704/8/71

Act

Act Infavours of John Steill

Anent the petition given in and presented To his Grace Her Majesties high Commissioner, And the Right Honourable The Lords of Her Majesties privie Councill By John Steill son to Patrick Steill vintner in Edinburgh Shewing That soon after David Baillie was taken up Last Winter, The petitioner had the misfortune to be committed to prison for suspition of his haveing keept a Criminall Correspondance with the said Mr Baillie: But upon Examination of papers, there was nothing found to give the least ground for any such accusation; after which he was sett at liberty on his finding Baile to answer when called for. The petitioner scarse breathed a little liberty after seaveral weeks confynment when he was againe taken upon and incarcerat till he should renew the Bail. Being conscious of his oun Innocency and haveing ane enteir confidence in His Grace and there Lordships Justice, He humbly presume to lay his afflicting Circumstances before their Lordships He was bred to be a Merchant but his fathers condition not alloweing him to provyd the petitioner a Compitent Stock to follow out his Employment He was necessitat to continue in his family till a better settlement of his affaires should enable him to put him in a way to doe for himselfe He was pleased to Enact himselfe Bail for his appearance, And neither then nor yet is the petitioner able to find better security The petitioner ever was and still is ready to live peaceably and dutyfully under Her Majesties Government Nor is there any Crime of that nature that can be objected against the petitioner By his tedious Confynment, The petitioner is not only to be frustrat of any means of a Livelyhood, But by his weak and sickly constitution he is in great danger of lossing his lyfe unless speedily prevented By his Grace, and their Lordships goodness and Justice And therefore Craveing to the effect aftermentioned As the said petition Bears His Grace her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition given into them By John Steill son to Patrick Steill vintner in Edinburgh And the samen being read in there presence His Grace and the saids Lords Doe heirby Appoint and Ordaine the petitioner to be sett at Liberty furth of the Tolbooth of Edinburgh upon his giveing bond and finding the said Patrick Steill Cautioner That he shall attend the Councill and Committee thereof when called: And not depart furth of this Kingdome; And in the mean tyme that he shall live peaceablie under and with all submission to Her Majesties Government And that he shall not Act consult nor contryve anything to the prejudice thereof Nor converse nor Correspond with any of Her Majesties Rebells and Enemies And that under the penalty of One Thousand merks scots money In case he transgress any pairt of the premisses And gives order and warrand to the Magistrats of Edinburgh and keeper of their Tolbooth to sett the petitioner at Liberty upon his giveing Bond and finding Caution as said is.

At Holyroodhouse the Thretty day of August Jaj vijc and four years

A1704/8/71

Act

Act Infavours of John Steill

Anent the petition given in and presented To his Grace Her Majesties high Commissioner, And the Right Honourable The Lords of Her Majesties privie Councill By John Steill son to Patrick Steill vintner in Edinburgh Shewing That soon after David Baillie was taken up Last Winter, The petitioner had the misfortune to be committed to prison for suspition of his haveing keept a Criminall Correspondance with the said Mr Baillie: But upon Examination of papers, there was nothing found to give the least ground for any such accusation; after which he was sett at liberty on his finding Baile to answer when called for. The petitioner scarse breathed a little liberty after seaveral weeks confynment when he was againe taken upon and incarcerat till he should renew the Bail. Being conscious of his oun Innocency and haveing ane enteir confidence in His Grace and there Lordships Justice, He humbly presume to lay his afflicting Circumstances before their Lordships He was bred to be a Merchant but his fathers condition not alloweing him to provyd the petitioner a Compitent Stock to follow out his Employment He was necessitat to continue in his family till a better settlement of his affaires should enable him to put him in a way to doe for himselfe He was pleased to Enact himselfe Bail for his appearance, And neither then nor yet is the petitioner able to find better security The petitioner ever was and still is ready to live peaceably and dutyfully under Her Majesties Government Nor is there any Crime of that nature that can be objected against the petitioner By his tedious Confynment, The petitioner is not only to be frustrat of any means of a Livelyhood, But by his weak and sickly constitution he is in great danger of lossing his lyfe unless speedily prevented By his Grace, and their Lordships goodness and Justice And therefore Craveing to the effect aftermentioned As the said petition Bears His Grace her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition given into them By John Steill son to Patrick Steill vintner in Edinburgh And the samen being read in there presence His Grace and the saids Lords Doe heirby Appoint and Ordaine the petitioner to be sett at Liberty furth of the Tolbooth of Edinburgh upon his giveing bond and finding the said Patrick Steill Cautioner That he shall attend the Councill and Committee thereof when called: And not depart furth of this Kingdome; And in the mean tyme that he shall live peaceablie under and with all submission to Her Majesties Government And that he shall not Act consult nor contryve anything to the prejudice thereof Nor converse nor Correspond with any of Her Majesties Rebells and Enemies And that under the penalty of One Thousand merks scots money In case he transgress any pairt of the premisses And gives order and warrand to the Magistrats of Edinburgh and keeper of their Tolbooth to sett the petitioner at Liberty upon his giveing Bond and finding Caution as said is.

1. NRS, PC1/53, 267-8.

1. NRS, PC1/53, 267-8.

Act, 30 August 1704, Edinburgh

At Holyroodhouse the Thretty day of August Jaj vijc and four years

A1704/8/61

Act

Act Infavours of Captain McCleod and Captain McKinnon

Anent the petition given in and presented To His Grace Her Majesties High Commissioner And the Right Honourable The Lords of Her Majesties privie Councill By Captain Neill McCleod, and Charles McKinnon prisoners in the Tolbooth of Edinburgh. Shewing That whereas their Lordships petitioners was in the moneth of December Last Siezed and Incarcerate in the Tolbooth of Edinburgh by their Lordships order and being examined by a Committee of their Lordships number thereto gave full satisfaction of all that was asked at them very Ingeniously, so far as we know, as the said Committee will declare, They have since that time endured a Long and Languishing imprisonment to the great prejudice of their concerns, vast Expence, and insupportable fatigue of the said Captaine McCleod his wife, with a sucking child, besides the other troubles araising from their Confynment: And seeing the petitioner when at Liberty will have his residence in town of Edinburgh or Suburbs, and soe be ready to answer their Lordships Call, Whenever their Lordships shall think fitt to requyre his Compearance. And therefore Craveing to the effect aftermentioned As the said petition Bears. His Grace Her Majesties high Commissioner, And the Lords of Her Majesties Majesties2 privie Councill Haveing considered the above petition given into them By Captain McCleod, and Charles McKinnen prisoners in the Tolbooth of Edinburgh: And the samen being Read in their presence His Grace and the saids Lords Doe heirby Appoint and Ordaine the petitioners to be sett at Libertie furth of the Tolbooth of Edinburgh Upon their giveing Bond and finding sufficient Caution acted in the books of privie Councill each of them under the penalty of One Thousand Merks scots money That they shall attend the Councill and Committee thereof when called And shall not depairt furth of this Kingdome And in the mean tyme That they shall live peaceablie under and with all submission to the present Government, And that they shall not act Consult nor Contryve any thing to the prejudice therof, Nor converse nor Correspond with any of Her Majesties Rebells or Enemies under the penaltie forsaid in case they transgress any pairt of the premisses And gives warrand to the Magistrats of Edinburgh and keeper of their Tolbooth, To sett the petitioner at Liberty furth thereof upon their giveing Bond and finding sufficient Caution as said is And that without payment of house dews And Recommends the keeper of the Tolbooth To the Lords Commissioners of Her Majesties Theasaurie for payment of the house dews as said is, for the time the petitioners hes been in prison.

At Holyroodhouse the Thretty day of August Jaj vijc and four years

A1704/8/61

Act

Act Infavours of Captain McCleod and Captain McKinnon

Anent the petition given in and presented To His Grace Her Majesties High Commissioner And the Right Honourable The Lords of Her Majesties privie Councill By Captain Neill McCleod, and Charles McKinnon prisoners in the Tolbooth of Edinburgh. Shewing That whereas their Lordships petitioners was in the moneth of December Last Siezed and Incarcerate in the Tolbooth of Edinburgh by their Lordships order and being examined by a Committee of their Lordships number thereto gave full satisfaction of all that was asked at them very Ingeniously, so far as we know, as the said Committee will declare, They have since that time endured a Long and Languishing imprisonment to the great prejudice of their concerns, vast Expence, and insupportable fatigue of the said Captaine McCleod his wife, with a sucking child, besides the other troubles araising from their Confynment: And seeing the petitioner when at Liberty will have his residence in town of Edinburgh or Suburbs, and soe be ready to answer their Lordships Call, Whenever their Lordships shall think fitt to requyre his Compearance. And therefore Craveing to the effect aftermentioned As the said petition Bears. His Grace Her Majesties high Commissioner, And the Lords of Her Majesties Majesties2 privie Councill Haveing considered the above petition given into them By Captain McCleod, and Charles McKinnen prisoners in the Tolbooth of Edinburgh: And the samen being Read in their presence His Grace and the saids Lords Doe heirby Appoint and Ordaine the petitioners to be sett at Libertie furth of the Tolbooth of Edinburgh Upon their giveing Bond and finding sufficient Caution acted in the books of privie Councill each of them under the penalty of One Thousand Merks scots money That they shall attend the Councill and Committee thereof when called And shall not depairt furth of this Kingdome And in the mean tyme That they shall live peaceablie under and with all submission to the present Government, And that they shall not act Consult nor Contryve any thing to the prejudice therof, Nor converse nor Correspond with any of Her Majesties Rebells or Enemies under the penaltie forsaid in case they transgress any pairt of the premisses And gives warrand to the Magistrats of Edinburgh and keeper of their Tolbooth, To sett the petitioner at Liberty furth thereof upon their giveing Bond and finding sufficient Caution as said is And that without payment of house dews And Recommends the keeper of the Tolbooth To the Lords Commissioners of Her Majesties Theasaurie for payment of the house dews as said is, for the time the petitioners hes been in prison.

1. NRS, PC1/53, 266-7.

2. Sic.

1. NRS, PC1/53, 266-7.

2. Sic.

Sederunt, 30 August 1704, Edinburgh

At Holyroodhouse the Thretty day of August Jaj vijc and four years1

A1704/8/52

Sederunt

Her Majesties Commissioner; Lord Chancellor; Duke of Atholl p:S:; Earl of Cromarty S:; Earl of Crafoord; Earl of Erroll; Earl of Sutherland; Earl of Marr; Earl of Buchan; Earl of Eglingtoun; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintore; Earl of Dunmore; Earl of Hyndfoord; Lord Haddo; Lord Register; Lord Justice Clerk; Lord Anstruther; Mr Fran: Montgomery; Laird of Collingtoun

At Holyroodhouse the Thretty day of August Jaj vijc and four years1

A1704/8/52

Sederunt

Her Majesties Commissioner; Lord Chancellor; Duke of Atholl p:S:; Earl of Cromarty S:; Earl of Crafoord; Earl of Erroll; Earl of Sutherland; Earl of Marr; Earl of Buchan; Earl of Eglingtoun; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintore; Earl of Dunmore; Earl of Hyndfoord; Lord Haddo; Lord Register; Lord Justice Clerk; Lord Anstruther; Mr Fran: Montgomery; Laird of Collingtoun

1. NRS, PC1/53, 266.

2. NRS, PC1/53, 266.

1. NRS, PC1/53, 266.

2. NRS, PC1/53, 266.

Warrant, 7 August 1704, Edinburgh

Att Holyroodhouse the seventh day of August Jaj vijc and Four years

A1704/8/41

Warrant

Warrant to the Clerks of Councill To delyver up the Commission and Instruction of the French privateirs To the Clerks of Admirality upon Recept

His Grace her Majesties high Commissioner, And Lords of Her Majesties privie Councill Doe heirby Give order and warrand to their Clerks To delyver up to the Clerk of Admirality The Commission and other Instructiones of the privateir Called the Marmedon of Dunkirk upon his recept of the samen.

Att Holyroodhouse the seventh day of August Jaj vijc and Four years

A1704/8/41

Warrant

Warrant to the Clerks of Councill To delyver up the Commission and Instruction of the French privateirs To the Clerks of Admirality upon Recept

His Grace her Majesties high Commissioner, And Lords of Her Majesties privie Councill Doe heirby Give order and warrand to their Clerks To delyver up to the Clerk of Admirality The Commission and other Instructiones of the privateir Called the Marmedon of Dunkirk upon his recept of the samen.

1. NRS, PC1/53, 265.

1. NRS, PC1/53, 265.

Procedure, 7 August 1704, Edinburgh

Att Holyroodhouse the seventh day of August Jaj vijc and Four years

A1704/8/31

Procedure

Recommendation to His Grace The Lord High Commissioner, The Lords Chancellor and secretary to wryt to Court anent the French prisoners

His Grace her Majesties high Commissioner, And Lords of Her Majesties privie Councill, Doe heirby Recommend to the Lord Commissioner his Grace, The Lord High Chancellor and Secretary To wryt to Court in name of the Board anent the French prisoners taken by Captain Gordon: That it may please Her Majestie to order the saids prisoners to be receaved at New Castle, and detained there till a Convenient occasion of Exchangeing them with Brittish prisoners, or otherwayes to order a shipe to come to the Road of Leith and receave them there, To be transported and Exchanged as said is

Att Holyroodhouse the seventh day of August Jaj vijc and Four years

A1704/8/31

Procedure

Recommendation to His Grace The Lord High Commissioner, The Lords Chancellor and secretary to wryt to Court anent the French prisoners

His Grace her Majesties high Commissioner, And Lords of Her Majesties privie Councill, Doe heirby Recommend to the Lord Commissioner his Grace, The Lord High Chancellor and Secretary To wryt to Court in name of the Board anent the French prisoners taken by Captain Gordon: That it may please Her Majestie to order the saids prisoners to be receaved at New Castle, and detained there till a Convenient occasion of Exchangeing them with Brittish prisoners, or otherwayes to order a shipe to come to the Road of Leith and receave them there, To be transported and Exchanged as said is

1. NRS, PC1/53, 265.

1. NRS, PC1/53, 265.

Warrant, 7 August 1704, Edinburgh

Att Holyroodhouse the seventh day of August Jaj vijc and Four years

A1704/8/21

Warrant

Warrand anent the prisoners on board the Dunkirk privateir

His Grace her Majesties high Commissioner And Lords of Her Majesties privie Councill Doe heirby Give order and warrand, and Command and ordaine Captain Thomas Gordon Commander of Her Majesties shipe The Royall Mary Instantly to sett ashoar under a sufficient Guard The Captain, Livet Mate, and haill sailers of the Dunkirk privateer taken by the said Captain Gordon, and now lying in the Road of Leith. And Gives order to the Commandant at Leith, To furnish ane sufficient guard for bringing them ashoar. And appoints the officers of the said privateer to be sent under a saiff guard, to the Tolbooth of Edinburgh, and the one halfe of the seamen to be sent under a guard as said is, To the Tolbooth of Leith, and the other halfe to the Tolbooth of Canongate, And gives order and warrand to the Magistrats of Edinburgh, Leith, and Canongate respective, keepers of their Tolbooths, To receave them prisoners in their saids Tolbooths And detaine them therein till farder orders of Councill. And Recomends to the Lords of Theasaurie To grant such allowance for the sustenance of the seamen and officers of the said privateir, Dureing the tune they are prisoners, as was allowed to the prisoners taken aboard the other privateir formerly taken by the said Captain Gordon.

Att Holyroodhouse the seventh day of August Jaj vijc and Four years

A1704/8/21

Warrant

Warrand anent the prisoners on board the Dunkirk privateir

His Grace her Majesties high Commissioner And Lords of Her Majesties privie Councill Doe heirby Give order and warrand, and Command and ordaine Captain Thomas Gordon Commander of Her Majesties shipe The Royall Mary Instantly to sett ashoar under a sufficient Guard The Captain, Livet Mate, and haill sailers of the Dunkirk privateer taken by the said Captain Gordon, and now lying in the Road of Leith. And Gives order to the Commandant at Leith, To furnish ane sufficient guard for bringing them ashoar. And appoints the officers of the said privateer to be sent under a saiff guard, to the Tolbooth of Edinburgh, and the one halfe of the seamen to be sent under a guard as said is, To the Tolbooth of Leith, and the other halfe to the Tolbooth of Canongate, And gives order and warrand to the Magistrats of Edinburgh, Leith, and Canongate respective, keepers of their Tolbooths, To receave them prisoners in their saids Tolbooths And detaine them therein till farder orders of Councill. And Recomends to the Lords of Theasaurie To grant such allowance for the sustenance of the seamen and officers of the said privateir, Dureing the tune they are prisoners, as was allowed to the prisoners taken aboard the other privateir formerly taken by the said Captain Gordon.

1. NRS, PC1/53, 264-5.

1. NRS, PC1/53, 264-5.

Sederunt, 7 August 1704, Edinburgh

Att Holyroodhouse the seventh day of August Jaj vijc and Four years1

A1704/8/12

Sederunt

Her Majesties Commissioner; Lord Chancellor; Marquis of Annandale p:C:; Duke of Atholl p:S:; Duke of Argyle; Earl of Erroll; Earl of Mar; Earl of Eglingtoun; Earl of Loudoun; Earl of Kintore; Earl of Hyndfoord; Earl of Roseberry; Earl of Bute; Viscount Dupline; Viscount Garnock; Lord Haddo, Lord Forbes; Lord President of Session; Lord Anstruther

Att Holyroodhouse the seventh day of August Jaj vijc and Four years1

A1704/8/12

Sederunt

Her Majesties Commissioner; Lord Chancellor; Marquis of Annandale p:C:; Duke of Atholl p:S:; Duke of Argyle; Earl of Erroll; Earl of Mar; Earl of Eglingtoun; Earl of Loudoun; Earl of Kintore; Earl of Hyndfoord; Earl of Roseberry; Earl of Bute; Viscount Dupline; Viscount Garnock; Lord Haddo, Lord Forbes; Lord President of Session; Lord Anstruther

1. NRS, PC1/53, 264.

2. NRS, PC1/53, 264.

1. NRS, PC1/53, 264.

2. NRS, PC1/53, 264.

Letter: to the Council, 17 August 1703, Edinburgh

Att Holyruidhouse the Seventeinth day of August Jaj vijc and thrie years

A1703/8/81

Letter: to the Council

[Letter from the Duke of Ormond]

His Grace James Duke of Queensberry her Majesties high Commissioner haveing produced the Councill ane Letter from the Duke of Ormond Lord Livetennent of Ireland to his Grace to be by him Comunicat to the Councill The Samen was Read and ordered to be Recorded. And the Councill Recommends to his Grace her Majesties high Commissioner to send a returne therto Off the which Letter the tennor followes.
Dublin Castle the 2d August 1703.
My Lord,
Haveing received her Majesties pleasure That when I should come to the Government of this kingdome I should Corrospond with your Grace and2 her Majesties Councill of Scotland I think it incumbent on me to give your Grace and the Lords of her Majesties Councill advice therof; Which hade been done sooner, But that I have been lately aprogress for her Majesties Service in some parts of this kingdome And I doe assure your Grace and their Lordships That I shall be on all Occasiones readie to take such measures as shall be necessary for her Majesties Service and conduceing to the good and queit of both kingdomes I am, My Lord, Your Grace most humble Servant Sic Subscribitur Ormonde. Directed thus, To his Grace the Duke of Queensbery, Lord high Commissioner of the kingdome of Scotland at Edinburgh,
Followes the answer by his Grace the Duke of Queensbery to the Duke of Ormand.
Holyruidhouse the 17th August 1703.
My Lord,
I have your Graces Letter of the second instant which I have Communicat to her Majesties Councill; The Choise her Majestie hath made of your Grace a person of such high Merit and approven experience to the Government of that kingdome is to us very acceptable and wee shall be ready on all occasions to entertaine the Corrospondence your Grace proposes for the advantage of her Majesties Service and the good of both kingdomes I am, My Lord, your Grace most humble Servant Sic Subscribitur Queensberry Directed Thus To his Grace The Duke of Ormonde Lord Livetenent of Ireland.

Att Holyruidhouse the Seventeinth day of August Jaj vijc and thrie years

A1703/8/81

Letter: to the Council

[Letter from the Duke of Ormond]

His Grace James Duke of Queensberry her Majesties high Commissioner haveing produced the Councill ane Letter from the Duke of Ormond Lord Livetennent of Ireland to his Grace to be by him Comunicat to the Councill The Samen was Read and ordered to be Recorded. And the Councill Recommends to his Grace her Majesties high Commissioner to send a returne therto Off the which Letter the tennor followes.
Dublin Castle the 2d August 1703.
My Lord,
Haveing received her Majesties pleasure That when I should come to the Government of this kingdome I should Corrospond with your Grace and2 her Majesties Councill of Scotland I think it incumbent on me to give your Grace and the Lords of her Majesties Councill advice therof; Which hade been done sooner, But that I have been lately aprogress for her Majesties Service in some parts of this kingdome And I doe assure your Grace and their Lordships That I shall be on all Occasiones readie to take such measures as shall be necessary for her Majesties Service and conduceing to the good and queit of both kingdomes I am, My Lord, Your Grace most humble Servant Sic Subscribitur Ormonde. Directed thus, To his Grace the Duke of Queensbery, Lord high Commissioner of the kingdome of Scotland at Edinburgh,
Followes the answer by his Grace the Duke of Queensbery to the Duke of Ormand.
Holyruidhouse the 17th August 1703.
My Lord,
I have your Graces Letter of the second instant which I have Communicat to her Majesties Councill; The Choise her Majestie hath made of your Grace a person of such high Merit and approven experience to the Government of that kingdome is to us very acceptable and wee shall be ready on all occasions to entertaine the Corrospondence your Grace proposes for the advantage of her Majesties Service and the good of both kingdomes I am, My Lord, your Grace most humble Servant Sic Subscribitur Queensberry Directed Thus To his Grace The Duke of Ormonde Lord Livetenent of Ireland.

1. NRS, PC1/53, 23.

2. The word ‘your’ scored out here.

1. NRS, PC1/53, 23.

2. The word ‘your’ scored out here.

Sederunt, 17 August 1703, Edinburgh

Att Holyruidhouse the Seventeinth day of August Jaj vijc and thrie years1

A1703/8/72

Sederunt

Her Majesties Commissioner; Lord Chancelor; Marquis of Atholl P:S; Marquis of Lothian; Earl of Erroll; Earl of Marr; Earl of Morton; Earl of Eglington; Earl of Galloway; Earl of Loudon; Earl of Finlator; Earl of Leven; Earl of Northesk; Earl of Kintoir; Earl of Hyndfoord; Viscount Tarbat S:; Viscount Stair; Viscount Rosebery; Lord Forbes; Lord Boyle T:D:; Lord President of Session; Lord Register; Lord Advocat; Lord Anstruther; Mr Fra: Montgomry; Laird of Collingtoun; Shirriff of Bute; Laird of Kilbirne; Laird of Carnwath; Laird of Prestongrange

Att Holyruidhouse the Seventeinth day of August Jaj vijc and thrie years1

A1703/8/72

Sederunt

Her Majesties Commissioner; Lord Chancelor; Marquis of Atholl P:S; Marquis of Lothian; Earl of Erroll; Earl of Marr; Earl of Morton; Earl of Eglington; Earl of Galloway; Earl of Loudon; Earl of Finlator; Earl of Leven; Earl of Northesk; Earl of Kintoir; Earl of Hyndfoord; Viscount Tarbat S:; Viscount Stair; Viscount Rosebery; Lord Forbes; Lord Boyle T:D:; Lord President of Session; Lord Register; Lord Advocat; Lord Anstruther; Mr Fra: Montgomry; Laird of Collingtoun; Shirriff of Bute; Laird of Kilbirne; Laird of Carnwath; Laird of Prestongrange

1. NRS, PC1/53, 22.

2. NRS, PC1/53, 22.

1. NRS, PC1/53, 22.

2. NRS, PC1/53, 22.

Decreet, 9 August 1703, Edinburgh

Att Holyruidhouse the Nynth day of August Jaj vijc and thrie years

A1703/8/61

Decreet

Interloquitor anent Major Generall Thomas Buchan

His Grace her Majesties high Commissioner, and Lords of her Majesties privy Councill Haveing Considered a verball report of a Committie of their oun number to whom it was Remitted to examine the affair of Major Generall Buchan who is lately come from France, and reasoned fully upon the said matter, His Grace and the saids Lords appointed the Lord Register and Advocat to Comune with the said Major Generall and know of him whither he was content to undergoe a tryall for his intercomuneing with her Majesties Declared Enemies Since the proclamation of Warr Or Enact himself to depart furth of her Majesties dominions betwixt and a Certain short day; and the saids two Lords of privy Councill Haveing accordingly Communed with him therein The said Major Generall Buchan haveing first testified his inclynation to the saids Lords and therafter being called to the Barr in presence of his Grace and the haill Lords present as marked in the sederunt Did Declare that he was content and Satisfied raither to depart furth of her Majesties Dominions and find baill for that effect Then under a tryall provideing his Grace and the saids Lords would allow some Competent time to Setle his bussines in this kingdome; Therfore and in respect of the said Major Generalls Consent forsaid His Grace and the saids Lords doe hereby appoint and ordaine the said Major generall2 Thomas Buchan to give bond and find sufficient Caution acted in the books of privy Councill that he shall depairt furth of her Majesties dominions betwixt the date hereof and the twenty third day of September nixt to come and shall not returne therto without Libertie granted to him for their effect by her Majestie or the privy Councill; And in the mean time that he shall Live peacable under and with all Submission to her Majesties Government and that he shall not act Consent or Contrive any thing in prejudice therof nor converse or Correspond with any rebells And that under the penalty of Fyve Hundred pounds Sterling; And appoints the said Caution to be found betwixt and Thursday nixt And in the mean time Continues the said major Generall in his Chamber upon his parroll of honor which he gave at the Councill untill Caution be found in maner forsaid.

Att Holyruidhouse the Nynth day of August Jaj vijc and thrie years

A1703/8/61

Decreet

Interloquitor anent Major Generall Thomas Buchan

His Grace her Majesties high Commissioner, and Lords of her Majesties privy Councill Haveing Considered a verball report of a Committie of their oun number to whom it was Remitted to examine the affair of Major Generall Buchan who is lately come from France, and reasoned fully upon the said matter, His Grace and the saids Lords appointed the Lord Register and Advocat to Comune with the said Major Generall and know of him whither he was content to undergoe a tryall for his intercomuneing with her Majesties Declared Enemies Since the proclamation of Warr Or Enact himself to depart furth of her Majesties dominions betwixt and a Certain short day; and the saids two Lords of privy Councill Haveing accordingly Communed with him therein The said Major Generall Buchan haveing first testified his inclynation to the saids Lords and therafter being called to the Barr in presence of his Grace and the haill Lords present as marked in the sederunt Did Declare that he was content and Satisfied raither to depart furth of her Majesties Dominions and find baill for that effect Then under a tryall provideing his Grace and the saids Lords would allow some Competent time to Setle his bussines in this kingdome; Therfore and in respect of the said Major Generalls Consent forsaid His Grace and the saids Lords doe hereby appoint and ordaine the said Major generall2 Thomas Buchan to give bond and find sufficient Caution acted in the books of privy Councill that he shall depairt furth of her Majesties dominions betwixt the date hereof and the twenty third day of September nixt to come and shall not returne therto without Libertie granted to him for their effect by her Majestie or the privy Councill; And in the mean time that he shall Live peacable under and with all Submission to her Majesties Government and that he shall not act Consent or Contrive any thing in prejudice therof nor converse or Correspond with any rebells And that under the penalty of Fyve Hundred pounds Sterling; And appoints the said Caution to be found betwixt and Thursday nixt And in the mean time Continues the said major Generall in his Chamber upon his parroll of honor which he gave at the Councill untill Caution be found in maner forsaid.

1. NRS, PC1/53, 21-2.

2. Insertion.

1. NRS, PC1/53, 21-2.

2. Insertion.