pay the compositione and expenses of
the gift." Mr. McKenzie also affirmed, that he had "no other
security for the money soe lent, but a right to the said gift," and
that the money he had advanced "to the said Mr. James Gordon for the
compositione and expenses of the gift, with what he has payed of
John Binning's reall and confirmed debts, far exceeds the value of
his land." In consequence of these representations, "Their Majesties
High commissioner and said Estates of Parliament remitt the case of
Mr. Roderick McKenzie, petitioner, anent the forfaulture of
Dalvennan, to the consideratione of the commission nominate in the
General Act recissory of ffynes and forefaulters, with power to them
to hear the parties concerned thereanent, and to report to the next
session of this, or any other ensuing parliament."--Id. pp. 162, 163.

John Binning was declared at this period to be "altogether
insolvent." This is the reason probably, if he was not in the mean
time satisfied that his claim was untenable, that his case does not
appear to have been brought under the notice of parliament again,
and that he did not persist in his attempts to regain possession of
Dalvennan (Id. Appendix, p. 32). To confirm his title to a property,
which considering the office he held, seems to have been acquired
under very suspicious circumstances, McKenzie had contrived to get
an act of parliament passed in his favour, in the year 1685. In this
Act, he is lauded for "suppressing the rebellious fanatical partie
in the western and other shires of the realme, and putting lawes to
vigorous execution against them, as His Majesties Advocate Deput,"
and the lands of Dalvennan are said to have been transferred to him
by "Jean Gordon, as donatrix," who was the uterine sister of John
Binning, and who is described as "relect of the deceist Daniel
McKenzie sometime ensign to the Earle of Dalhousie, in the Earle of
Marr's Regiment" (Id. vol. viii. pp. 565-567). John Binning taught a
school for some time (Faithful Contendings p. 66). The General
Assembly showed kindness to him, on different occasions, for his
father's sake. In 1702, the Commission of the Assembly being
informed by a petition from himself of his "sad circumstances,"
recommended him to the provincial