At Edinburgh, 24th June 1643

Judicial Proceeding: decreet against the earl of Carnwath
Decreit against Carnwath

Forsameikle as upon remonstrance made to this convention of estats by Sir Archibald Johnston of Waristoun, in name of the commissioners of shires, and Sir John Smith, in name of the commissioners for burrowis, that the saids barons and burgesses had beene informed that Robert, erle of Carnwath had maliciouslie traduced the proceedings of this kingdome quhilks wer ratified by his matie and estates of parliament, in so farre as upon occasion of the commissioners who went from this kingdome to his matie in Januarii last, thair pressing libertie to go to London, conforme to thair instructions and safe conducts, the said erle proudlie said to his matie in presence of some noblemen these words or words to this purpose: 'Sir, it is a strange thing to see that they wer not content to come into this kingdome against you, sir, to ruine your matie thameselves, bot they will also come in and assycht this rebellioune and ruine yow heir'. The convention did therupon ordaine the said erle to be charged forthwith, to sycht his persone befor thame as he should be answerable; who wes accordinglie charged, personallie apprehended by ane maisser and promised to appeir presentlie, bot compeired not. Wherupon the convention of estats fand that he had contraveened that charge, and therfor did ordaine him to be charged by opin proclamation at the mercat croce of Edinburgh to enter his persone in ward within the tolbuith therof within twelff houres after the said proclamation under the paine of ten thowsand punds. And Mr John Hendersone haveing accordinglie past yesternight at seven of the clock in the afternoone, and by open proclamation and sound of trumpet charged the said erle to enter his persone in ward, conforme to the said warrant, the said erle of Carnwath hes notwithstanding dissobeyed this charge and hes not entered his persone in ward conforme therto, as wes attested by the keeper of the tolbuith. For which contempt, the said convention of estats finds and declares the said erle of Carnwath to have encurred and to incurre the said penaltie of ten thowsand pund conteaned in the charge, and ordains letters of horning, poinding, arrestment, inhibition, apprising and all other execution personall and reall to passe against him for payment therof in als free and ample maner as is usuall by the lawis of the kingdome for payment of debts upon bands and obligations; and that letters be direct at the instance of Johne Jossy for payment of the same to him for such necessar effaires for quhilks he shall receive order from the said convention, he alwayes being answerable for disposing of the saids moneyes according to the order of the saids estats.

  1. NAS. PA8/1, f.42v-43v. Back
  2. NAS. PA8/1, f.43v. Back
Procedure: commission for the act of constitution
Commission anent the act of constitution

The estats gives commission to the marquis of Hamiltoun and Argyll, the erles of Mortoun, Roxburgh, Lauderdaill, Southesk, Lanerik, Calander, Balmerino, and for the barons, lairds of Kerse, Waristoun, Humbie, Scottiscraig, Wauchtoun, Rowallan, Achinbrek, Libberton, Athernie, and to the commissioners of Edinburgh, Perth, Stirline, Aberden, Dumbartan, Irwin, St Andrews, Glasgow [and] Bamff, to meit together and consult and debate of the conveniencie or necessitie of the constitution of this convention, and of the way of it.

  1. NAS. PA8/1, f.42v-43v. Back
  2. NAS. PA8/1, f.43v. Back