Trigesimo octavo die parliamenti
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Prayeres said, rolles called.
The [estates] of parliament wpoun the petitione of Alexander Irwing, appeirand of Drum grantes heirby libertie to [...] Irving, his father, to have access and libertie to visite the said Alexander Irwing, appeirand of Drum, his sone, in the castell of Edinburgh quhair he remaines in prisone, and ordeines the constable or keeper of the castell of Edinburgh to permit the laird of Drum, elder, to have access therintill to the effect foirsaid, quhairanent thir presentes shall be a warrand.
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The estates of parliament taikeing to their consideracon the necessitie of ane committie to be appoynted be them to reside at Innernes for the sherreffdomes of Murray, Innernes, Sutherland, Nairne and Caithnes for provyding necessaries for the forces within the severall divisiones of these shereffdomes and putting of the actes aganes deficientes, runawayeres and other disobeyers of publict orderes to executioune and other things eftirspecified in the severall divisiones of the saides sherrefdomes, viz: for the divisioune wnder the chairge of the erle of Sutherland, the divisione wnder the chairge of the erle of Murray and the divisione wnder the chairge of the erle of Seaforth hes givine and granted and heirby gives and grantes full power and commissioune to Johne, erle of Sutherland, Robert Gray of Skibo, David Ros of Ballnagowne, Hector Douglas of Mullderge, Robert Gray of Ballone for the erle of Sutherland's divisione; Sir Robert Innes of that ilke, [...] Grant of that ilke, Sir Robert Gordoun, Sir Alexander Sutherland of Duffus, [...] Brodie of that ilke, Thomas McKennzie of Pluscarden, Alexander Dumbarr of Westfeild, Alexander Brodie of Letham, [...] Grant of Ballendalloch, Johne Grant of Moynes, Hew Ros of Killraoke, Williame Ros of Clova, Alexander Dumbare of Bothe, Robert Leslie of Finrassie for the erle of Murrayes divisione; George, erle of Seaforth, Sir Johne McKeinzie, Sir James Fraser, Hew Fraser of Belledrum, Robert Monro of Obstell, Walter Innes of Innerbrackie, Williame McKintosche, Lauchlane McKintosche, Sir Johne Sinclaire of Dunbaithe, Sir James Sinclaire of Murchill for the erle of Seaforth's divisione; and Mr Gawane Douglas and Mr Johne Hay for the burghe of Elgine, Patrike Campbell for the burghe of Forres, Duncane Forbes of Calledone for the burghe of Innernes and Andro McCulloch for the burghe of Tayne; and the estates appointes the quorum to be ellevine, there being thrie therof for everie one of the thrie severall divisiones abovementionat, and to Generall Majore Lumsden, Sir Mungo Campbell of Laueres, Major Johne Moncreife and Lieutennent Collonell Campbell as supernumerarie in this commissione, to provyde and furnishe meall and all other things necessar for the regimentes and forces within the shereffdomes and divisiones respective abovewrittin leveyed or to be leveyed for the publict service. With power to the said committie or thair quorum to proportionat the commone burdings within the sherreffdomes and divisiones abovespecified and to appoint the payment and releife therof as they shall thinke just and equall. As also with pouer to them to put the cuntrie within the divisiones and boundes foirsaides in a posture of defence and to put the actes aganes deficientes, runnawayes and there ressetteres and all other actes and publict orderes of the parliament or committies of parliament to due executione, conforme to the tennor therof. And sicklyke with power to the foirsaid committie or thair quorum to call and requyre the committies of warre within the boundes of the saides sherreffdomes and divisiones abovementionat to concurre and assist the said committy in the dischairge of this commissione and for putting of the actes and orders of this committie to due executione. And in lykemaner with power to the said committie or quorum foirsaid to doe everie other thing necessar for the advancement of the cause in hand and saiftie of the cuntrie. And the estates declaires that what burdings shall be proffitablie contracted or wndertane be the foirsaid committie or quorum therof, or be any whom they shall imploy be their order and warrand to the effect abovementioned, shall be publict burdings and repayed be the publict eftir compt and reckoneing made theranent and instructing of the samene.
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This day the lyoune king at armes, accompanied with his bretherine the heraldes, eftir sound of trumpet in face of parliament, did rent the coates of armes of James, sometyme erle of Montroise and otheres persones conteyned in the decreites of foirfaultour pronunced aganes him and them wpoun the ellevinth of Februar instant, and this conforme to the ordinance of the saides decreetes of foirfaultour.
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The estates nominates and appoyntes the erles of Tullibardine, Southeske and Lanerke for the noblemen; the lairdes of Maner, Dawicke and Wdnie for the barrones; Sir Johne Smyth for Edinburgh and the commissioners for Aberdene and Irwing for the burrowes to be ane committie to considder the overtours givine in for the India trade and to report to the parliament.
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The estates of parliament, now conveend in the second sessione of this first trienniall parliament be vertue of the last act of the last parliament haldine be his majestie and thrie estates in anno 1641, takeing to their consideration that they be their act of the tuentie of this instant hes set doune the way and maner of satisfactione to the creditoures and cautioneres of foirfaulted persones with the pryce and rate wherat the landes and estates of foirfaulted persones are to be givine to thair creditores and cautioneres for payment and releife of thair debtes, and to the buyeres respective of the samene landes who are not creditores nor cautioneres to the foirfaulted persones, as the act proportes, considderinge the expediencie and necessitie that the yeerlie rent, proffite and comoditie that the landes and estates of foirfaulted persones be tryed and made constant and the pryces of the victuell dewtie reduced in money as the samene reules in these pairtes of the cuntrie wher the landes lyes, that thereby the way for selling of the landes and estates of foirfaulted persones or giveing therof to thair creditours respective conforme to the foirsaid act may be cleered, the estates of parliament doe heirby nominat and appointe Johne, erle of Cassilles and Johne, lord Ballmerinoche for the nobilitie; Sir Williame Cochrane of Coudoune and Mr Frances Hay of Ballhoussie for the barrones; Johne Semple, burges of Dumbartane, and Mr Alexander Douglas, burges of Banffe, for the burrowes, or ony four of them, their being ane of everie estate, as ane committie of parliament to the effect above and eftirspecified. With pouer to them or thair quorum foirsaid to considder and try the yeerlie rent and worth of the landes and estate of the foirfaulted persones, with the qualitie of the rentes and dewties therof, whither victuell, money or otheres dewties and casualities, and eftir consideratione and tryell of the quantitie and qualitie, to reduce the victuell and otheres dewties and casualities (not being silver dewtie) to money according to the pryces and qualities of the victuell and dewties in these pairtes of the cuntrie where the landes lyes, that therby the yeerlie rent may be constant what it comes to in money, and thaireftir with power to the committie or quorum foirsaid to try for buyeres of the saides landes at thate rent according to the rate and pryce set doune in the act; as also to try and sie what creditoures of the foirfaulted persones are desyreous to receive dispositiones of the foirfaulted persones landes at the rentall foirsaid in satisfactione of their debtes at the rate and pryce set downe in the former act. With power lykewayes to the committie or thair quorum to resave in, considder and try the validitie of the bandes, writes and otheres rightes and surties of the creditores and cautioneres of the foirfaulted persones, with the treuth, realitie and quantitie of the creditoures and cautioneres, theire saides debtes, and to take such tryell and informatione heiranent and for the quantitie of the yeerlie rentes of the foirfaulted landes and pryces of the victuell and otheres dewties and casualities therof (not being silver rent) as may best cleare the treuth of all and be maist usefull for the publict. And sikelyke with power to the committie or thair quorum to considder and try the rightes and securities to be givine in to them be the ladyes and wyffes of the foirfaulted persones, with the supplicationes givine in or to be givine in be them theirwpoun craveing the benefite of their rightes notwithstanding of the foirfaultour of their husbandes; and eftir tryell and consideration of their desyres and of the validitie, treuth and realitie of their rightes, with power to the committie or quorum therof to considder what proportioune the committie thinkes should be givine to these ladyes and wyffes and wpoun what termes and conditiones the samene should be givine to them. And eftir tryell and consideration tane be the quorum therof anent the premiss respective abovewrittin, the estates ordeanes the committie or thair quorum to report the samene and what they find thairintill with their own opinione theranent to the parliament or committie of parliament sitting eftir the parliament, that they may thereftir take sicke course conserneing the samene as the parliament or committie of parliament shall thinke fite and expedient.
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In the parliament haldin at Edinburgh, the tuentie fyift day of Februar the yeir of God jM vjC fourtie fyve yeirs be the estates of parliament, now conveened in the second session of this first trienniall parliament be vertue of the last act of the last parliament haldin be his majestie and thrie estates in anno 1641, anent the sumondis of treason and forfaltour raisit at the instance of Sir Thomas Hoip of Craighall, knyght, advocat to our soverane lord, and alse at the instance of Sir Thomas Nicolsone of Carnok, Mr Rodger Mowat, Mr Alexander Peirsone, Mr James Baird and Mr Thomas Nicolsone, advocats, procuratours for the estates of this kingdome, aganis Robert, erle of Carnwath; that is to say the said Robert, erle of Carnwath to have answered for the crymes, factis and deidis particularlie and generallie eftirspecefeit and all uthair crymes of that kind quhilk may be layed to his charge, and to have hard and sene him decernit and declarit in parliament be the estates thairof to be guiltie of the same and thairfore to have incurrit the pane of high treason against the kingis majestie, his hienes crowne and the estates of this kingdome, and the pane of forfaltour of lyfe, landis and guids and to be forfaulted thairfore and the benefite thairof to be applyit to the wse of the publict for releife of thair burdings and to be punished conforme to the panes contenit in the declaratioune eftirmentionat, or uthairwayis in the option and arbitrement of the parliament to have hard and sene him uthairwayes censured and punished in his persone, name and fame and in his guids and estate be fyneing, confyneing or uthairwayes as the parliament sould think expedient, and that in the option, sensement and arbitrement of the parliament onlie to be disposed upon be the parliament, and using of him uthairwayis in all hostile maner as ane open and manifest traitour to the same and estates thairof according to the nature and qualitie of his crymes, misdeidis and malversations respective eftirspecefeit, conforme to the lawis and practice of this realme and justice, reason, equitie and conscience at the determinatioune and sensement of the parliament, conforme to the sentence, decreit and delyverance of the saidis estates of parliament to be delyvered, given and pronuncit aganis him thairin. Becaus be the comoune law, lawis of nations, lawis and practice and consuetude of this realme and be all justice, equitie and reason all leising makers, tailltellers and false accusers of the estates and subjects of this kingdome of thair proceedings to the kingis majestie as seditious, rebellious and treasonable, all instigatouris, framers, updrawers of strange proclamatiounes and declaratiounes made against his hienes subjects and estates are rebells and traitouris, all that ryise in armes and concurre with the adversaries of this kingdome for subdueing of thair native cuntrie or for opposeing and subdueing of the armies sent be the estates of this kingdome to the kingdome of England for defence of the true religion and of the mutuall league and covenant, all fortifiers, keipers and deteiners of strengthes or castles aganis the estates of this kingdome wha standis to thair covenant for defending of the religion, croune and cuntrie, all who wittinglie and willinglie withdraw thair assistance from there native cuntrie in hir extremitie and contributs thair help and assistance to the adversaries, all who ar ather authouris, abaitters, manteiners or suppliers or airt and pairt or have anie hand in the countenancing or concurring with the adversaries of this kingdome to the subdueing and distroyeing thairof, and speciallie these that have seemed to joyne with the subjects and estates of this kingdome in the subscryveing of the Nationall Covenant, and generallie all committers and uthairs accessorie or who ar airt or pairt of and to the saidis crymes, misdeeds and maleversations above and eftirspecefeit incurris the pane of high treason and the pane of forfaltour of lyfe, landis and guidis to be applyit to the use of the publict as said is; at the leist ar uthairwayes punishable at the arbitrement of the parliament and in thair lyves, name and fame and in thair guidis and estates to be applyit to the use of the publict as said is be fyneing, confyneing or uther wayis at the option of the parliament. And trew it is that the said Robert, erle of Carnwath hes committed and is guiltie and capable (at the leist accessorie and airt and pairt) off and to the high crymes of treason eftirspecefeit; at the leist hes committed, is guiltie, culpable, accessorie or airt and pairt off and to the uthair crymes, misdeids and maleversationes ane or mae particularlie and generallie above and eftirspecefeit in maner followeing, viz: in the first the said Robert, erle of Carnwath malitiouslie traduced the proceidings of this kingdome which ware ratified by the king and his estates of parliament in sa far as upon occasion of the commissionars wha wer sent to the king from this kingdome in Januar 1643 yeirs for pressing libertie to goe to London, conforme to thair instructions and safe conducts, the said erle proudlie said to the kingis majestie in presens of some noblemen these words or words to this purpose: 'Sir, it is a strange thing to sie that they wer not content to come in to this kingdome aganis yow, sir, to rwine your majestie themselffis, bot they will also come in and assist this rebellion and rwine yow heir'. Quhairupon the said erle being cited before the convention of estates of this kingdome upon the tuentie fourt day of Junii jM vjC and fourtie thrie yeirs to answer for the said calumnious and approbrious speecheis, the said erle dissobeyit the said charge and citatioune, and thairupon decreit was given aganis him as contumax. Secondlie, albeit be the large treattie ratified in the last parliament in anno 1641 it be statut and ordaned that incaice anie of the subjects of anie of the kingdomes of Scotland and England sall ryise in armes or mak warre aganis anie uthair of the kingdomes and subjects thairof without consent of the parliament of that kingdome quhairof they are subjects or upon whiche they doe depend, that they salbe haldin, repute and demeaned as traitouris to the estates quhairof they ar subjects; and alse albeit be the fyift article of the mutuall declaratioune betuixt the tuo kingdomes emitted be the convention of estates of this kingdome of Scotland upon the sext day of Januar lastbypast and be the parliament of the kingdome of England upon the threttie day of the said moneth for bothe kingdomes of Scotland and England joynit in armes for vindicatioune and defence of thair religion, liberties and lawes aganis the popish, prelaticall and malignant pairtie, it is declarit in the behalfe of the kingdome of Scotland that if anie of the Scottish nation who have joynit themselvis in armes with the said popish, prelaticall and malignant pairtie aganis the parliament and kingdome of England, not considdering the nature of the caus in which they had ingadgit themselfis nor the deip interest of the churche and kingdome of Scotland upon whiche the said warre was to turn in the end, sould athair continwe in armes eftir the first day of March 1644 or sould withhald thair help and assistance from thair native cuntrie in the tyme of trouble and danger, that they are to be censured and punished as publict enemies to religioune and cuntrie, perfidious transgressours of thair Nationall Covenant and thair estats disposed upoun to the use of the publict; and albeit be the said fyift article of the mutuall declaration they be warned speedilie to withdraw themselfis from that malignant faction and to confes thair mistakis and joyne in the covenant and caus of bothe kingdomes before the said first day of March jM vjC and fourtie four yeirs, yit notwithstanding thairof the said Robert, erle of Carnwath hathe risen and joynit himselfe in armes not onlie with the popish, prelaticall and malignant pairtie in England aganis the parliament of England and the subjects of the said kingdome and that without the advyce of the estates of parliament of this kingdome of Scotland quhairof the said Robert, erle of Carnwath is ane subject, bot also hes assisted the armies of the said malignant pairtie againes the armies sent into England be the convention of the estats of Scotland for defence of religion and of the mutuall league and covenant in sa far as the said Robert, erle of Carnwath hes bene in armes with and assisted the marques of Newcastle, chiefe leider and commander of the armies of the popish, prelaticall and malignant pairtie, and had chairge under the said marques of Newcastle in his armie and had the command of ane horse troup; at the leist he leavied the said horse troup upon his awne charges and payit for the armes and horse thairof. Lykeas in the moneth of March jM vjC and fourtie four yeirs, eftir the first day thairof when the armies sent into England be the convention of estates was at Sunderland, the said Robert, erle of Carnwath was in persone upon horse bak and was present on the fields with the said marques of Newcastle and in his armie at the battell near Sunderland, quhilk was foughten betuixt the Scots armie and the armie of the said malignant pairtie led be the said marques of Newcastle, and shot his pistoll. Lykeas the said Robert, erle of Carnwath hes ever sensyne continewed and continewes in his said employment and hes not concurred and assisted his native kingdom and cuntrie in the tyme of hir trouble and danger, and thairfore ought to be punished and censured as ane publict enemie to religion and cuntrie and perfidious transgressor of the Nationall Covenant and his estate disposed upon for the use of the publict and aught to be repute, declarit and punished as ane trator to his cuntrie and native kingdom in maner before rehearsit, as the said sumondis of treason grantit be delyverance of the commissionars of the convention of estates dated the tuentie sixt day of March jM vjC and fourtie four yeirs and signet the first day of Apprile the samen yeir proports and beiris, and anent the charge given to the said Robert, erle of Carnwath be James Currie, Ilay herauld, upon the second and thrid dayes of Apprile jM vjC and fourtie four yeirs at the mercat croce of Edinburgh and peir and shore of Leyth and at everie ane of the samen places respective be oppine proclamatioune, publict reading of the sumondis and sound of trumpet to have compeirit before the estats of parliament at Edinburgh or quhair it sould happine them to be for the tyme the fourt day of Junii than nixtocum and now lastbypast, with continwatioune of dayis, to have answered at the instance of his majesties advocat abovenamit and at the instance of the uthair advocats abonewrittin, procuratouris for the estates of the kingdome, for the caus and to the effect, under the pane and with certificatioune abone and eftirspecefeit under the pane of treason and forfaltour or uthair pane or panes to be inflicted be the parliament at the option of the parliament, and the benefite thairof to be applyit to the use of the publict as said is. With certificatioune to the said Robert, erle of Carnwath and he compeirit not, the estates of parliament wald then instantlie proceid aganis him as guiltie of high treason aganis the kingis majestie, the estates and kingdom to the foirfaulting of his lyfe, lands and guids to the use of the publict, and that his absence and contumacie sould be haldin as a manifest probatioune of his guiltines without necessitie of anie farder probatioune, bot if he compeired and remaned present at the haill dyetts of procedour, that than the parliament wald proceid aganis him upon laufull probatioune to the foirfaulting of his lyfe, lands and guids to the use of the publict as said is, or uthairwayes censure and punish him in his persone, name and fame be fyneing, confyneing or uthairwayes using him according to the nature of his crymes, misdeids and maleversations, and that in the option, sensement and arbitrement of the parliament onlie to be disposed upon be the parliament and using of him uthairwayes in all hostile maner as ane open and manifest traitour and enemie to the same, as the foresaid executioune subscribit and stampit be the said James Currie, executor thairof, lykewayis proportes and beirs. Quhilk sumondis and executione thairof wer publictlie exhibite in presens of the parliament upon the said fourt day of Junii lastbypast be Mr Thomas Nicolsone, ane of the procurators of estate, for himselfe and in name of the said Sir Thomas Hoip of Craighall, his hienes advocat, and of the saids Sir Thomas Nicolsone, Mr Rodger Mowat, Mr Alexander Pearsone and Mr James Baird, procuratouris for the estates of this kingdome and persewars of the said sumondis. Lykeas the said Robert, erle of Carnwath (being laufullie sumond in maner and to the effect abonewrittin) was than, viz: the said fourt day of Junii, thrie severall tymes publictlie callit in audience of the parliament than conveened and at the great doore of the parliament hous to the effect abonespecefeit and compeirit not, nathair be himselfe nor nane to answer for him, bot was contumax of the charge and citatioune foresaid given to him as said is, quhairupon the said Mr Thomas Nicolsone, for himselfe and in name and behalfe foresaid, askit instruments. Thaireftir the estates of parliament than conveened did upon the [...] day of Junii jM vjC and fourtie four yeirs nominat and appoint ane committie of thair awne number to considder, discuss, ressave and advyise the relivancie and probatioune of the foresaid sumonds of treason producit conforme to the power and warrand given be the parliament to that committie contenit in the commission granted to them thairanent, appointing the said committie to report thair proceidings to the parliament, as the said commission beirs. Conforme thairunto and for obedience quhairof, the said committie haveing diverse tymes met and conveened to the effect foresaid during the sitting of the parliament in anno 1644, the said Sir Thomas Hoip of Craighall, his majesties advocat, and the haill remanent procuratouris abonenamit of the estats compeirit all than personallie in presens of the said committie and declared that they insistit primo loco upon the second member of the said sumondis foundit upon the mutuall declaration emitted be the saidis kingdomes of England and Scotland and upon the article abonewrittin of the said large treattie in anno 1641, and craved the saidis commissioneris to proceid in the tryeing and discussing of the relivancie and probatioune thairof according to the probatioune deducit thairintill. And the said Robert, erle of Carnwath, being lykewyse oftymes callit before the said committie at the parliament doore of the parliament hous where the committie sat be ane of the maissers of parliament to have compeirit before the said committie and to have hard and sene the relivancie and probatioune of the foresaid sumondis of treason discust, ressaved and advyissed be the committie aganis him, compeirit not, bot failzeit thairintill, quhairupon the said committie did proceid to the discussing of the relivancie of the foresaid sumondis and ressaveing of the probatioune thairof aganis the said Robert, erle of Carnwath for the members thairof abonewrittin insistit upon in manner before declared. And the said committie haveing diverse and severall tymes met and conveened to that effect and discust the relivancie of the said sumondis insistit upon, as also ressaved and advyissed the depositiounes of sundrie famous witnesses with the writtes and uthair probatioune led and usit for proving of the pointis abonewrittin of the foresaid sumondis insistit upon aganis the said Robert, erle of Carnwath, they, eftir consideratioune and advyissing thairof and and what they had fund concerneing the foresaid relivancie and probatioune, caused draw up thair report and what they had fund thairanent in writ, as the samen dated the tuentie tua day of Julii jM vjC and fourtie four yeirs and subscryvit be Johne, lord Balmerino, president of the foresaid committie, in the selfe proportis. Quhilk report sua subscryved was thaireftir producit in parliament in July 1644 yeiris to have bene than hard, advyissed and sentence pronuncit thairintill be the estates of parliament as they sould have thocht expedient; and now being this tuentie fyift day of Februar 1645 yeirs producit in presens of the estates of parliament be the said Mr Thomas Nicolsone, personallie present for himselfe and in name and behalfe foresaid, and being publictlie red in audience of the parliament, the said Robert, erle of Carnwath was of new agane this day thrie severall tymes publictlie callit in audience of the parliament and at the great doore of the parliament hous be maissers of parliament to have hard and sene the foresaid summondis and report produced advyissed be the estates of parliament and sentence pronuncit aganis him thairintill, conforme to the desire and conclusion of the foresaid sumondis of treason and according to the report producit; and compeirit not, nather be himselfe nor no uthair to answer for him, bot was contumax thairof and of the citatioune abonewrittin given to him to the effect abonementionat. Quhairupoun the estates of parliament, haveing red, considdered and advyissed the foresaid sumondis and report producit with the depositions of diverse famous witnesses led and deducit be the procuratouris of estates, with the writtes and instructions producit be them for proving of these memberis abonewrittin of the foresaid sumonds insistit upon, conforme to the said report, and they thairwith and with the humble suplicatioune given in to them be Gawine, lord Dalzell, eldest laufull sone to the said Robert, erle of Carnwath, bearing that he standis infeft in fie in a great pairt of his said father's estate albeit the samen be under reversion to his said father for payment of ane angell of gold, and that ever since the beginning of the troubles he hes joyned himselfe in covenant and concurred with the kingdome in advanceing of the publict caus, and thairfore humblie desyreing that sick course might be takine be the estats of parliament as he may bruike the lands, leiving and estate of his said father with the title, honour and dignitie of the erledom of Carnwath notwithstanding of anie sentence to be pronuncit aganis his said father, he paying suche sowmes of money to the use of the publict as the estats of parliament sall appoint, being well and ryiplie advyissit, the saides estates of parliament findis that the said Robert, erle of Carnwath hes committed the crymes of treason particularlie abonespecefeit insistit upon and ratifies the foresaid report made thairanent with the reservatioune of the sole and onlie power of censureing and punishing of the said Robert, erle of Carnwath in thair awne hands in maner eftir following, and thairfore findis that the said Robert, erle of Carnwath hes tint and amitted to the use of the publict and to be disposed upon in maner specefeit all landis, lordshippis, barronies, touris, fortalices, patronages of kirks or chaiplanries, teindis, reversions, superiorities, anuelrents, offices and uthairs richtes and titles quhatsumevir of quhatsumevir landis, barronies, teindis, mylnes, woods, fishingis, salmond fishings or uthair fishings and uthair heritage quhatsumevir perteining to him or his predicessouris to quhom he is air or appeirand air or to his authours fra whome he hes richt and haldin or to be haldin be him alsewell of his majestie as of uthair superiouris, togither with all takis, assedatiounes alsewell of landis as teindis, bandis, obligatiounes, contracts conteining sowmes of money moveable or immoveable and all uthair guids and geir, richtis, titles and securities quhatsumevir perteining to him in heritage, lyverent, tak or uthairwayis, and declares all and quhatsumevir richtis made be the said Robert, erle of Carnwath to quhatsumevir persone or persones of the foresaids lands, barronies, teindis, patronages, bands, contracts and uthairs abonespecefeit, with all bands or contracts bearing sowmes of money made be him to quhatsumevir persone or persones at ony tyme since the committing of the crymes abonespecefeit or ony of them, to be null and voyid of the selfe be way of exception, and also that he hes loist, tint and amitted during all the dayis of his lyiftyme all title, honor and dignitie of erle, lord, knyght or uthair honor or dignitie quhatsumevir and become incapable to bruik or posses the same in his persone. And alse findis the said Robert, erle of Carnwath to have incurred the pane of death and ordanes him to be publictlie execute as a traitor and that it salbe laufull to anie of his majesties lieges to tak, apprehend him and present him to justice or to kill him, and if he flie to strenthis, to raise fyre and to use all warlike weapons aganis him to the effect foresaid. And yit nevertheles the saidis estates of parliament have fund, lykeas be thir presentes they find that the said Gawine, lord Dalzell, his sone, hes behaved himselfe as ane faithfull and duetifull subject evir since the begining of thir troubles, and they being willing to encourage the well deserving subjects to continwe in thair loyaltie, fidelitie and affection to the cuntrie, religion and covenant, thairfore and for the sowme of ane hundreth thousand merks Scotis money payit be the said Gawine, lord Dalzell for the use of the publict as is eftirspecefeit the saids estats of parliament hes ratified and approven and be thir presentis ratifies and approves all chartars, infeftments and uthairis richts and securities made be the said Robert, sumtyme erle of Carnwath to the said Gawine, lord Dalzell, his airs and assigneyis off quhatsumevir his landis, barronies, patronages, teindis, offices and uthairs quhatsumevir disponit be his said father to him, and hes dischargit and be thir presentes discharges all reversion or reversions contenit in the saids richtis or made severallie apairt with all uthair conditions, liberties, priviledges and reservatiounes of quhatsumevir nature introduced in favouris of the said Robert, sumtyme erle of Carnwath and quhilk he may clame be infeftment, uthair writ or verball promeis or anie uthair way quhatsumevir, and hes declared and declares the samen to remane with the said Gawine, lord Dalzell, his airs and assigneyis quhatsumevir heritablie and irredimablie in all tymecomeing. And farder the saids estates of parliament hes disponed and be thir presentis dispones to the said Gawine, lord Dalzell, his airs and assigneyis quhatsumevir all landis, lordships, barronies, touris, fortalices, mylnes, multouris, salmond fishing and uthair fishingis, forrests, wodis, offices, reversions, patronages of kirks and chaiplanries, teindis, superiorities and uthairs quhatsumevir perteining to the said Robert, sumtyme erle of Carnwath alsewell heritablie as in lyverent or uthairwayis and haldin be him ather of our soverane lord or of uthair superiouris or to the quhilk he may have right as air or appeirand air to ony of his predicessouris; and that it salbe laufull to the said Gawine, lord Dalzell and his airis quhatsumevir to serve and retoure themselfis airs generallie or speciallie to anie of the predicessouris of the said Robert, sumtyme erle of Carnwath at ony tyme eftir the deceis of the said Robert, sumtyme erle of Carnwath. Attoure, incace it sall happine the said Robert, late erle of Carnwath to conqueis and acquyre ony lands, heritages, teinds, patronages or ony uthair guids or geir quhatsumevir at ony tyme eftir the date heirof, in that caice the estats of parliament declares that the samen sall accresce to the said Gawine, lord Dalzell, his sone, as being his onlie laufull sone and appeirand air, his airs and assigneyis; and to the effect the richt thairof may be formallie established in his persone, the saids estates of parliament dispenses with the said Gawine, lord Dalzell and his airs to serve and retoure themselfis airs thairin to the said Robert, sumtyme erle of Carnwath notwithstanding of the said act, and ordanes infeftment to pas under the great seall to the said Gawine, lord Dalzell and his airs quhatsumevir and his and thair assigneyes of sa manie of the saids lands and uthairs foresaids as ar haldin of his majestie or the prince, and alse ordaines presentatiounes to be past in favours of the said Gawine, lord Dalzell and his foresaids of sa many of the lands and uthairs abonementionat as ar haldin of uthair superiouris, and that gratis without ony composition to be payit in exchequer for the saide infeftments and presentatiounes and signatouris of the same. And alse dispones and assignis to the said Gawine, lord Dalzell and his foresaids the haill maills, fermes and dewteis of the lands, teinds and uthairs foresaids of the cropt and yeir of God 1644 yeirs and the haill rests and byganes of all preceiding croptes restand awand not comptit for to the publict and yeirlie and termlie intymcomeing, except sick sowmes of money quhairof the said Gawine, lord Dalzell hes made payment to the publict out of the dewteis of the saids landis of the cropte 1644 yeirs quhairof he is to have no repetition, bot the same to remane with the publict without repayment thairof, allowance or compensatioune. Lykeas the saids estats of parliament be thir presentis dischairges the said Gawine, lord Dalzell and his cautioners off the haill tenor of ane band and obligatioune of the dait the [...] day of [...] jM vjC and fourtie [...] yeirs quhairby he and his cautioners thairinnominat obleist themselfis to be comptable to the publict for the maills and dewteis of the foirsaids lands and uthairis abonespecefeit of the cropte and yeir of God 1644 yeirs. And alse assignis and dispones to him and his foresaids all contracts, bandis, obligatiounes, reversions and uthairis securities made to the said Robert, sumtyme erle of Carnwath or ony of his predicessouris off or concerneing the saidis landis, baronies, teinds, reversions or uthairs foresaids be quhatsumevir persone or persones or conceavit in thair favouris, and siclyik assignis and dispones to the said Gawine, lord Dalzell and his foresaids all bandis, obligatiounes, contracts and uthairs richts foresaids off quhatsumevir sowmes of money or anuelrents made to the said Robert, sumtyme erle of Carnwath or his predicessouris or to ony uthairs to thair behove or conceavit in thair favouris, togither with all guidis and geir moveable and immoveable, insight, plenissing and uthairs quhatsumevir and haill richt thairof perteining or competent to the said Robert, late erle of Carnwath or his predicessouris or authouris or that sall happine to pertene or be competent to him before or at the tyme of his deceis, excepteing fra the said assignatioune of the sowmes of money foresaids all sowmes of money payit to the saidis estats for the use of the publict be quhatsumevir persones, debtours to the said Robert, sumtyme erle of Carnwath or persones intrusted or interposed be him before the date heirof. And alse the saidis estates hes declared and be thir presentes decernis and declares the said Gawine, lord Dalzell and his airs quhatsumevir to bruik, joyse and posses the title, honour and dignitie of erle of Carnwath and Lord Dalzell and that notwithstanding of quhatsumevir of the crymes committed be the said Robert, sumtyme erle of Carnwath, his father or of the sentence and doome following thairwpoun; and transferris the samen out and from the persone of the said Robert, sumtyme erle of Carnwath and devolves and establishes the said title, honor and dignitie with all priviledges belonging thairto in the persone of the said Gawine, lord Dalzell and his airs quhatsumevir fra the day and date of thir presentis to be bruikit be them presentlie and in all tymecomeing siclyik as if the said Robert, sumtyme erle of Carnwath wer naturallie deid. With power to the said Gawine, lord Dalzell and his foresaids to call and persew for the writtis and evidents of the foresaids landis and uthairs abonewrittin and for payment of all sowmes of money or annuelrents adebtit in maner abonementionat and to charge the debtouris of the late erle of Carnwath for payment of the same sowmes and anuelrents athair in the names of the procuratouris for the estate or in the said Gawine, now erle of Carnwath, lord Dalzell, his awne name. It is alwayis provydit that thir presentis nor no clame thairinmentioned sal be prejudiciall or derogatorie to quhatsumevir chartours, infeftmentes or uthair securities of quhatsumevir landis and teinds and uthairs quhairin Dame Margaret Carnegie, lady Dalzell, spous to the said Gawine, lord Dalzell standis infeft or provydit be band, contract or uthairwayes whatsoevir, bot that the same sall stand effectuall to hir during hir lyiftyme, and quhilk the said estates of parliament be thir presentis ratifies to the effect foresaid in sua far as concernis hir lyverent of the samen. And inrespect the saidis estates of parliament hes devolved and established in the persone of the said Gawene, lord Dalzell and his foresaids the haill leiving, estate, title, honor and dignitie foresaid, thairfore they ordained the said Gawine, lord Dalzell to pay for the use of the publict the said sowme of ane hundereth thousand merkis Scots, quhilk sowme of ane hundereth thousand merks the said Gawine, lord Dalzell, for obedience of the said ordinance and conforme thairto, hes instantlie payit and delyverit to Sir Adam Hepburn of Humbie, thesaurer of the armies and collector generall to the estates of this kingdome, and to uthairs in his name, conforme to the discharge grantit be the said Sir Adam Hepburn of Humbie to the said Gawine, lord Dalzell upoun the ressait of the said sowme of ane hundereth thousand merks of the date of thir presentis. And to the effect the said Gawine, lord Dalzell may bruik the saidis landis and uthairs heirby disponit, the saids estates of parliament annullis and discharges all and quhatsumevir actes and precepts made or drawen upon the estate of the said Robert, sumtyme erle of Carnwath or upon the said Gawine, lord Dalzell or uthair commissionars haveing power to medle thairwith in sa far as the saidis actes and precepts ar made and drawen upon the said rent and estate, and declares the saids actis and precepts to be voyid and null in all tymcomeing, reserveand to the erles of Rothes and Kinghorn thair sumondis and action aganis Robert, sumtyme erle of Carnwath, Sir Johne Dalzell, Sir Lues Stuart, Mr John Stuart, his sone, and Mr George Lawsone for delyverie to the saidis erles of the bandis and assignatiounes contenit in thair said sumondis. Excepteing also out of this present decreit and sentence and but derogatioune of ane precept or act floweing from the committie to the said Sir Johne Dalzell, reserveand to the Lord Dalzell his defenses aganis the same pro ut de jure. Quhilk decreit and sentence of forfaultour abonementionat, being publictlie red in audience of the parliament, was pronuncit and given furth for doome be the mouthe of John Mylne, dempster of parliament, aganis the said Robert, sumtyme erle of Carnwath eftir that he was publictlie callit be the maissers of parliament at the maist patent doore of the parliament hous and compeirit not in maner foresaid.