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In the parliament holden at Edinburgh, the twentie nynt day of Julii the yeere of God jM vjC and fourtie foure yeeres be the estates of parliament, presentlie conveened be vertew of the last act of the last parliament holden be his majestie and the thrie estates in anno 1641 yeeres, anent the dittay of treasone and forfaltour given in be Sir Thomas Hope of Craighall, knight, his maties advocat, Sir Thomas Nicolsone of Carnok, Mr Rodger Mowat, Alexander Peirsone, James Baird and Thomas Nicolsone, advocattis, procuratores for the estates of the kingdome, againes William Maxwell of Midkeltoune before the committee of parliament efterspeiit, off the quhilk dittay the tennor followes: Williame Maxwell of Midkeltoune, ye are indyted and accused befoir Alexander, erle of Linlithgow, Johne, erle of Weymes, Alexander, lord Elphingstoune, Johne, lord Bargeny, Sir James Stewart of Bute, Andrew Agnew, fear of Lochnaw, Johne Schaw of Grenok, Mr George Dundas of Maner, Robert Meiklejohne, burges of Edinburgh, Robert Arnote, burges of Perth, Mr Robert Cunninghame, burges of Kinghorne, Allane Dunlope, burges of Irving, Sir Johne Hamiltoune of Orbestoune, Mr Alexander Colvill and Mr James Robertoune, justice deputtis, comissioneris appoyntit be the honorable estates of this present trienniall parliament, of the treasonable crymes respective efterfollowing: That forfameikle as albeit be the commoune law, lawes of nationes and lawis and practice of this kingdome and be all justice, reasone, equitie and conscience all that ryse in armes and concurre with the enemies of this kingdome for subdewing of thair native countrey, all invaideris, assaulteris or perseweris by force of armes of this kingdome or any tounes or castellis therof, all who contribute ther helpe and concurrance or assistance to the adversaries of this kingdome, assaulteris or invaideres therof in hostile way, all who are either authouris, abaitteris, mantaineris or supplieris or concurrentes with the adversaries of this kingdome in the assaulting and subdewing therof or any pairt therof, all persones quhatsomever takeris and apprehenderis of the kinges frie leidges and carrieris of thame away captive, and keiperis and deteineris of thame in private prisones, and sicklyke all committeris of thift, stealth reiff or airt and pairt therof, being landit men, all who are airt and pairt of any of the crymes, misdeedis and malversationes abonespeiit incurris the paine of heigh treasone against the kingis majestie, his croune and against the estates of this his ancient and native kingdome and the paine of forfaltrie of lyff, landis and goodis to be execute againes thame be the estates of this kingdome and the benefite thairof to be applyed to the use of the publict, at the leist the committeris of the saides crymes abonespeiit or ather of thame are utherwayes censureable and punishable in their persones, names and fames and in their goodis and estate be fyneing, confyning or utherwayes as the estates shall find expedient. Yit nevertheles yow, the said Williame Maxwell of Midkeltoune, haveing sheaken off all dew respect and fear to the lawis of this kingdome and all dewtie that as ane subject and patriote thairof yow ought to have caried to this kingdome and to the defence therof, especiallie now in ther troublesome tymes quhen this kingdome is threatened with the hostile invasioune of some of her unnaturall broode, yow have presumed and taken upone hand, contrair to the commoune law and law of all natiounes and to the lawis and practice of this kingdome and to all justice, reasone, equitie and conscience, to concurr with, fortifie, assist, mantaine, countenance and supplie the publict, notorious and avowed enemies and traterous adversaries of this kingdome and the publict invaideres therof in hostile way, and have countenanced them in their traitterous courses against this kingdome and the peace therof in maner and at the tymes efterspeiit, viz: whairas James, erle of Montrose with Johne, lord Herres, Robert, erle of Nithisdaill, James, vicount of Aboyne, James, lord Ogilvie and with utheris, their unnaturall traiterous associatis and complices, did in ane unnaturall and treasonable way invade this kingdome in the moneth of Appryle lastbypast and did in hostile maner, with severall trouppes of horses and companyes of foote, all armed in bellicall way, with displayed banneris, enter this kingdome in the south pairtes therof and did assault and summond the toune of Dumfreis and inhabitantes thairof and did force thame thairby to enter in capitulatioune with him and rander the said toune and did plant gariesones thairin and in the castell thairof, intending thaireftir to prosequte his unnaturall and treasonable designes against the remanent pairtis of this kingdome, to the utter destructioune therof, all which treasonable invasione of the said James, erle of Montrose, Robert, erle of Nithisdaill, James, vicount of Aboyne, James, lord Ogilvie, Johne, lord Herres and their associattis were publictlie excommunicate in the kirkis of Edinburgh, and for repressing of whome and their invasion warrand wes given be the conventioune or committee of estates of parliament to James, erle of Callender to raise and lead ane army of the qualitie of commander in cheiff. Yow did concurr with the said James, erle of Montrose and his remanent associattis and complices abonewrittin in his foresaid treasonable attempt against this kingdome, and did countenance, fortifie and supplie him in the persewing of the samyne in sua farr as yow, the said Williame Maxwell of Midkeltoune, did concurr with the said James, erle of Montrose and his remanent associattis in his foresaid treasonable attempt against this kingdome, and did countenance, fortifie and supplie him and concurr with him in the persewing of the samyne in maner following, viz: upone Soneday at nyne hours (being the fourtene of Apprile last) yow did meet at Terreglis (my Lord Herres, his hous) with Johne, lord Herres, ane of the publict and avowed enemies of this kingdome and associate to the said James, erle of Montrose in his foresaid unnaturall invasioune of this kingdome, quhair the said Lord Herres gave yow to wnderstand that my Lord Nithisdaill wes comeing in against the countrey with some forces and desyred yow to goe alongis with the said Johne, lord Herres to assist him, which yow did and went that night with the said Lord Herres to the bankend and stayed thair all night, and on the morrow (being Monday the fyftene of the said moneth of Apprile) when the lordis of Abboyne and Ogilvie, also publict and avowed enemies of this kingdome and associattis to the said James, erle off Montrose in the foresaid invasion, did actuallie invade this kingdome and enter the same with English forces and came upe to the said bankend whaire yow were, yow, with the said Lord Herres and the rest of the freindis, joyned yourselff with them and went along with the saidis forces to the hill abone the toune of Drumfreis, and efter the toune wes assaulted be the saids English forces and randerit to thame, yow went bak with the erle of Nithisdaill to the bankend againe and returned that night to the toune of Drumfreis. Lykeas upone Tuysday thaireftir, efter a meeting of my Lord Nithisdaillis ludging betuixt my Lord Montrose and the rest of the lordis and my Lord Nithisdaill, his freindis (amongst quhome yow yorselff wes one), yow were appoynted captane of the paroschines of Balmaghie and Keltoune for raiseing of the kingis leidges within the saidis paroschines in armes and for bringing of thame in the said rebellious army, in obedience whairof, upone Weddnesday thaireftir, yow did warne some of the saidis paroschines that they should not ryse in armes with any bot be ready upone my Lord Nithisdaill, his advertisement. Lykeas upone the Thursday thaireftir (being the aughtene of the said moneth) yow, being accompanyed and assisted with diverse armed men and English troupperis, haveing rancountered with Adame McMyne, Johne Halliday, Thomas McGill, James Aitkine and Thomas Maxwell, paroschineres of Keltoune goeing to Kirkcudbright, yow tooke them prisoneris and held pistolles to thame and drawne whingeris and caused them rander ther armes, and brought them bak to the hous of Johne Maxwell of Mylnetoune, your brother, and took them, sworne that they should never lift armes againes my Lord Nithisdaill nor against yourselff and yow (at the leist the troupperis that were in your company) took thair armes frome them. Lykas yow did [...] Robert Kirk becaus any came out of these parosches against Nithisdaill. Lykas yow sent for George Levingstoune, wha wes appoyntit captane of the paroschine of Balmaghie by the committee of the schyre, and when he came to yow, yow told him that yow wes appoyntit captane of that paroschine yourselff and dischairged him to lift any men thereout of for the use of the countrie. And als yow have usurped the kingis majestie, his authoritie, in apprehending the kingis frie leidges in maner abonespecefeit, in doeing quhairof yow have unnaturallie and traitterouslie concurred with, countenanced, fortified, assisted, mantained and supplied the said James, erle of Montrose and the utheris persones foresaidis, the publict, notorious and avowed enemies of this kingdome in the said treasonable invading of this kingdome, and is therby airt and pairt of the said hostile invasion, and als have tane and apprehendit the kinges frie leidges at your owne hand and keeped them in prisone, and have comittit the cryme of thift and stealth reiff, being a landit man; at the leist yow are airt and pairt and principall actour thairof, quhilkis crymes abonespeiit yow cannot deny, and thairfore hes incurred as a traittour to this kingdome, at the leist as concurrer, assister and fortifier of the said James, erle of Montrose and the utheris persones foresaidis, the paine of heigh treason and the paine of forfaltrie of lyff, landis and goodis to be execute againes yow be the estates of this kingdome, and the benefite thairof to be applyed to the use of the publict of this kingdome for releiffe of their burdinges or utherwayes in the optioune of the estates of this present parliament, yow are censureable and punishable for the crymes, misdeedis and malversatiounes abonespecefeit in your persone, name and fame and in your meanes, goodis and estate by fyneing, confyneing or wtherwayes as the saidis estates of parliament shall think expedient, and als anent the comissioune grantit be the parliament to the persones abovenamit as judges deligate for tryell of the said Williame Maxwell anent the crymes contenit in the foresaid dittay anent the discussing of the relevancie therof and ressaveing of the probatioune therwpoune, as the commissioune grantit heiranent the tuelff of Julii 1644 yeeres instant, with the prorogationes of the samen comissioune grantit be the parliament, mair fullie proportes. Whilk dittay abovewrittin being produced be the procurators of estate before the saidis judges, thair wes ane just copie therof subscribed be the clerk of that commissioune delyverit to the said Williame Maxwell, being personallie present to anser therto. Lykas the judges haveing mett divers and sundrie dyettis thaireftir for discharge of their dewtie in the foresaid commissioune, and haveing at these dyettis conveened before them the said Williame Maxwell, being than incarcerat in the tolbuith of Edinburgh, and haveing lykwayes callit the procurators of estate, perseweris of the said dittay, and they and the delinquent abovenamit being all personallie present and the delinquent haveing given in his haill defences and the procurators of estate, ther answers therto, quhilk being hard and considdered be the saidis judges, they, for ther farder cleireing and informatioune anent ther procedor in the bussines craved the advyse of the estates of parliament as followes, viz: quhither or not ane dittay foundit upone the said William Maxwell, his cariage in the southerne invasioune being as followes, viz: that he concurred with the erle [of] Montrose and his associatis and complices in the said invasioune and did countenance, fortifie and supplie him therin in swa farr as upone Sunday the fourtene of Appryle last he did meete at Terreglis, ane hous belonging to the Lord Herreis, with the said Lord Herreis, whair the Lord Herreis acquanted him that the erle of Nithisdaill wes comeing in against the countrey with some forces and desyred the said Williame to goe alongis with him to assist him, quhilk the said Williame did, and went that night with the Lord Herreis to the bankheid, stayed ther all night and on the morrow, quhen the lordis of Aboyne and Ogilvie, associatis to the erle of Montrose in the foresaid rebellion, did actuallie invade the countrey and enter the same with the English forces and came upe to the bankheid, the said Williame Maxwell and with the Lord Herreis and remanent persones joyned with them and went along to the hill above Drumfreis, and efter the toune wes assaulted be the Inglish forces and randered to them, the said Williame went bak with the erle of Nithisdaill to [the] bankheid and thereftir returned to Drumfreis; lykeas the said Williame was appoynted captane of the paroshines of Balmaghie and Keltoune for raiseing of the kingis leidges within these paroshes and joyneing with the rebellious armie, and thereftir did warne some of the saids paroschineris that they should not ryse in armes with any bot be readdie upone the erle of Nithisdaillis advertisement; lykas the said Williame, being assisted with English troupperes, haveing rancountered with fyve or six honest men goeing to Kirkcudbryght, he with the troupperis tooke them and brought them bak to the hous of Johne Maxwell of Mylnetoune, his brother, and tooke them, sworne they should nevir lift armes againes the erle of Nithisdaill nor himselff, and he or his troupperis took ther armes frome them; lykas the said Williame warned so many of the paroshineris as he met with that they should not ryse in armes with any bot be reddie upone the Lord Nithisdaillis advertisement; and farder the said Williame sent for George Levingstoune, who wes appoyntit captane of the paroshine of Balmaghie by the committee of the schyre, and told George that the Lord Nithisdaill had maid the said Williame captane of the said paroshe and thairfore discharged George to lift any men for the use of the countrey; and farder the said Williame knew be ane lettere frome the Lord Herreis that the erle of Nithisdaill and some uther noblemen were to come to Drumfreis with some commissioune from his matie, and that the Lord Herreis did wreitt to the said Williame to come to him to goe alongis with him in that bussines, quhilk accordinglie he did; may be ane relevant dittay to inferr a punishment and what the punishment shall be, whither treason, capitall punishment or any uther arbitrarie punishment or censure the parliament pleases to inflict. And this quere being presentit be the judges to the estates of parliament and being red in audience of the parliament, remittit to the consideratioune of the severall bodies and thereftir returneit in parliament, red and considderit be the estates, they fand the poyntes of the dittay conteined in the quere abovewrittin as the same is qualified relevant to inferr the punishment of forfaltour of lyff, landis and guidis, quhairupone the judges deligatt abovenamit, haveing red, considdered and advysed the dittay abovementionat with the defenses, answers and replyes hinc inde given for eleyding and in fortificatioun of the said dittay, with the probatioune deduced be the procurators of estate in the bussines, togither with the foresaid interloquutor of parliament anent the quere abonementionat, and they being thairwith and haill premises abovespecifeit weill and rypelie advyseit, the saidis judges deligat did this day mak ther reporte in audience of the parliament anent their procedor in the premise and what they had fund thairintill and produced the samyne reporte in writt, subscribit be the president of that commissioune, with the foresaid dittay, defenses, answers, duplyes and haill remanent proces and probatioune led and deduced in the said mater. Quhilk reporte being red in audience of the parliament and the samyne hard, seene and considdered be the estates of parliament, and they therwith being weill and rypelie advysed, the saidis estates of parliament findis, decernis and declaires that the said Williame Maxwell of Midkeltoune hes incurred the paine and punishment of treasone, viz: tinsall and forfaltor of lyff, landis and guidis to be converted and applyed to the use of the publict for his concurring with the erle of Montrose and his associates and complices in the said southerne invasione and his countenanceing, fortifieing and supplieing of him thairin, in sua farr as upone the Sunday the fourtene of Apprile last the said Williame did meet at the Lord Herreis hous of Terreglis with the Lord Herreis, quhair the Lord Herreis acquanted him that the erle of Nithisdaill wes comeing in against the countrey with some forces and desyred the said Williame to goe alongis with him to assist him, quhilk the said Williame did, and went that night with the Lord Herreis and the rest of his freindis to the bankheid and stayed ther all night till the morrow (being Monday at ten or ellevin of the clok) at what tyme the lordis of Aboyne and Ogilvie came upe with the English forces and than the said Lord Herreis and the rest of his freindis went alongis with them fra the bankheid and stayed with them quhill the toune of Drumfreis wes randered, and thereftir went bak againe with the Lord Herreis to the bankheid and returned bak that same night to Drumfreis, and that upone the Tuysday thereftir the intaking of the toune and efter a meeting had betuixt the Lord Montrose, the lordis Nithisdaill and Herreis and the rest of the noblemen and a number of ther freindis and associattis (whairof the said Williame wes one), and efter a propositioune maid to them that they behoved to raise some forces and for that effect that captanes be appoynted of paroshines to raise and bring in men, the said Williame wes then appoynted to be captane of the two paroshines of Balmagie and Keltoune, and the said Williame upone the Weddinsday thereftir, accompanied with Johne Maxwell, youngar, of Mylnetoune, warneit so many of the paroshineris as he mett with that they should not ryse in armes with any bot be reddie upone the Lord Nithisdaillis advertisement; lykas the said Williame upone Thursday thereftir, finding Adame McMyne, Johne Haliday, Thomas McGill, James Aikine and Thomas Maxwell, paroshineris of Keltoune goeing to Kirkcudbryght, the said Williame with some armed men and English troupperis took them all and brought them bak to his brotheris hous in Mylnetoune and took them, sworne that they should never lift armes against the king, the erle of Nithisdaill nor the said Williame swa long as they stayed in ther land and the said troupperis that came alongis with him, took the armes frome them, and that the said Williame declared to Robert Kirk that the Lord Nithisdaill had maid him captane of the parroshines of Balmaghie and Keltoune and therfore desyred the said Robert that he should raise no men out of these paroschines againes the Lord Nithisdaill leist it should turne to his harme, and that the said Williame send for the said George Levingstoune, who wes appoynted captane of the paroshine of Ballmaghie be the committee of the schyre, and efter that the said George had come to the said Williame, his hous, the said Williame told him that the Lord Nithisdaill had made him captane of the paroshine of Balmagie and thairfore discharged the said George to lift any men for the use of the countrey; and farder the said Williame knew be ane lettere frome the Lord Herreis that the erle of Nithisdaill and some uther noblemen were to come in to Drumfreis with some commissioune frome his matie and that the said Lord Herreis did wreit to the said Williame to come to him to goe alongis with him in that bussines, whilk accordinglie he did; and farder the said Williame, efter the malignant pertie had fled frome Drumfreis, he for securitie of his lyff retired with them to Carleill, whair he remained a certane space; quhilkis haill particularis foresaidis done and committit be the said Williame are all fund sufficientlie instructit, verifeit and proven in the foresaid reporte produced be the said Williame, his awne depositioune and be ane paper produced acknawledged be the said Williame to be all writtin with his owne hand, and thairfore the saides estates of parliament findis and declaires that the said Williame Maxwell of Midkeltoune, his haill landis, heretages, guidis, geir and estate is to be applyed to the use of the publict and for releefe of the publict burdinges, and ordeanes the samyne to be applyed and converted for that effect, and als decernis and ordaines the said Williame Maxwell of Midkeltoune, his head to be stricken of frome his bodie at the mercate croce of Edinburgh upone Fryday nixt the [...] day of [...] at tua houris in the afternoone, and ordaines his armes to be rent and revine at the said mercate croce of Edinburgh immediatlie before his head be stricken frome his bodie, and the saids armes to be rent and revine be ane herald. Quhilk decreete and sentence of forfaltor, being publictlie red in audience of the parliament, the samen wes pronuncit and given furth for doome be the mouth of Johne Mylne, dempstar of parliament, the said Williame Maxwell being personallie present, sitting upone his knees in presence of the parliament in the place appoyntit for delinquentis. Quhairupone the said Mr Thomas Nicolsone, advocat, ane of the procurators for the estates, personallie present, askit instrumentis.