[1644/6/272]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by virtue of the last act of the last parliament held by his majesty and three estates in 1641, having heard and considered the report of the committee for processes of those cited to the parliament incarcerated and under caution to answer thereto anent the trial taken by that committee for the parties of John Maxwell of Holme, George Maxwell, brother to George Maxwell of Holme, John Maxwell, tutor of Carnsalloch, John Hairstains, Alexander Maxwell of Conheath, Alexander Maxwell of Castlemilk, James Gordon of Kirkmabreck, John Maxwell of Kirkconnel, James Maxwell of Brackenside, Robert Maxwell of Portrack, James Hairstains and Robert Maxwell of Carnsalloch concerning their carriage the time of the last invasion at Dumfries, the said estates, upon 25 July instant, granted liberty to the said John Maxwell of Holme, George Maxwell, James Gordon of Kirkmabreck and Robert Maxwell of Carnsalloch to go home, they and every one of them finding caution for their good behaviour in time coming, and that they shall appear before the parliament, convention of estates or their committees or secret council as they shall be cited thereto respectively for what shall be laid to their charges under the pains following, namely: the said John Maxwell under the pain of 10,000 merks Scots, the said George Maxwell under the pain of £10,000 Scots, the said James Gordon under the pain of 2,000 merks Scots and the said Robert Maxwell of Carnsalloch under the pain of 2,000 merks Scots. And also the said estates upon the day aforesaid confined the said John Maxwell, tutor of Carnsalloch, John Hairstains, Alexander Maxwell of Conheath, Alexander Maxwell of Castlemilk, John Maxwell of Kirkconnel, James Maxwell of Brackenside, Robert Maxwell of Portrack and James Hairstains to remain within Edinburgh and two miles about the same and not to go without that bounds, and the confinement to endure until the same be considered by the committee of estates, and ordained them and each one of them to find caution for that effect and for their and each one of their good behaviour in time coming. As also for their compearance before the parliament, convention of estates or their committees or secret council as they shall be cited for what shall be laid to their charges under the pains following, namely: the said John Maxwell, tutor of Carnsalloch, under the pain of 10,000 merks Scots, the said John Hairstains of Craigies under the pain of 10,000 merks Scots, the said Alexander Maxwell of Conheath under the pain of 10,000 merks Scots, the said Alexander Maxwell of Castlemilk under the pain of 10,000 merks Scots, the said John Maxwell of Kirkconnel under the pain of £10,000 Scots, the said James Maxwell of Brackenside under the pain of 5,000 merks Scots, the said Robert Maxwell of Portrack under the pain of 5,000 merks Scots and the said James Hairstains under the pain of 5,000 merks Scots. According thereto and for obedience of the which ordinance respectively above-written, compeared personally James Maxwell of Innerwick, one of his majesty's bed chamber, and became acted and obliged himself for the said John Maxwell of Holme, George Maxwell, John Maxwell, tutor of Carnsalloch, John Hairstains of Craigies, Alexander Maxwell of Conheath, John Maxwell of Kirkconnel, James Maxwell of Brackenside, Robert Maxwell of Portrack and Robert Maxwell of Carnsalloch, and each one of the said persons, to the effect respectively before ordained and under the pains respectively above-mentioned on every occasion, each one for their own parts in manner aforesaid. Likewise John Grierson of Chapell became acted and obliged as cautioner for the said James Gordon to the effect and under the pain above-written, and David MacBrair of Almagill [and Newark] became acted and obliged as cautioner for the said James Hairstains to the effect and under the pain above-specified, and Alexander Jardine of Applegarth became acted and obliged as cautioner for the said Alexander Maxwell of Castlemilk to the effect and under the pain above-rehearsed for his part, each one of the said cautioners under the pains and to the effect respectively above-mentioned on every occasion. Likewise all the said principal parties above-named became acted and obliged themselves and each one of them to the effect above-specified, and also to warrant and relieve their said cautioners for their becoming cautioners for them and of all damage and danger they shall happen to sustain and incur thereby.