[1643/6/4]*[print] [email] [cite] [preceding] [following]
The quhilk day Sir Archbald Johnstoun of Wariston, in name and by warrant of the commissioners of shires, and Sir Johne Smith, in name of the commissioners from brughs, declared that the barons and burgesses being informed that Robert, erle of Carnwath had, in presence of his matie and some noblemen, traduced the proceedings of this kingdome, quhilks are ratified and allowed by his matie and estates of parliament, in so farre as upon occasion of the commissioners that wer direct to his matie in January last, thair pressing libertie to go to London, conforme to thair instructions and safe conducts, the said erle of Carnwath, in opposition therof and of the desires of this kingdome, proudlie averred and said to his matie in the hearing of some noblemen these or words to that effect, viz: 'Sir, it is a strange thing to see that they wer not satisfied to come in against your matie to ruine your matie thamselvs, bot they must come in lykwayes to assycht the rebellioun heere;' that therfor the commissioners from shires and borrowis had commanded thame to represent the same to the estats as a bussines wherin this kingdomes was neerlie concerned, and that order might be given for tryall and censure of the said erle accordinglie. Quherupon the conventioun ordanit maissors to passe and charge the said erle of Carnwath to come and sycht his persone presentlie with all diligence befor the conventioun as he will be answerable.
[1643/6/5]*[print] [email] [cite] [preceding] [following]
Forsameikle as the convention of estats haveing given warrant to charge the erle of Carnwath to compeir with all diligence and sycht his persone befor thame as he would be answerable, and the said erle being accordinglie charged by a maissor, personallie apprehended and haveing promised presentlie to appeire and give obedience to the charge, he notwithstanding, in contempt and neglect of the judicatorie, did neither appeare nor so much as send any answer to thame, bot suffer thame to attend all this afternoone without so much as an excuse. For which contempt, the convention ordains maissors to pas to the mercat croce of Edinburgh, and ther by opin proclamation to charge the said erle of Carnwath to enter his persone in ward within the tolbuith of Edinburgh, therin to remaine upon his awne expenses ay and whill he be releived by the convention; and that he enter in ward within 12 houres nixt after the publication heirof under the paine of ten thowsand pund Scots.
[1643/6/6]*[print] [email] [cite] [preceding] [following]
The vicount of Arbuthnet protested that the ranking and calling of the vicount of Duddop befor him in this convention should be without prejudice of his right and precedencie befor him; and the vicount of Duddop protested in the contrare in respect of the date of his patent and act of councell following therupon.