[1645/1/165]*[print] [email] [cite] [preceding] [following]
Forsameikle as the estates of parliament, now conveened 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, eftir hearing and considdering of the report and opinione of the committie for the process produced and read in audience of the parliament the first day of March instant conserneing the supplicatione givine in to that committie be James, erle of Hartefell, craveing that some speedie course be takine for his tryell in respect the haill paperes and depositiones conserneing him were produced to the said committie and considdered be them, who in there report represented theire opinione to the parliament that ane or tua of everie estate might be appointed be the parliament to heir the erle of Hartfell, quhilke he humblie desyred and to whom he wes confident to give satisfactione, as the report beires, did nominat and appoint tua of everie estate to meete and call before them the erle of Hartefell and heare him according to his desyre and opinione of the committie foirsaid and thereftir to report the same to the parliament. Quha haveing accordinglie met and first red and considdered the depositiones emitted be the said James, erle of Hartfell and thereftir haveing called the said erle in their presence for hearing of him therwpoun as is appoynted be the parliament, quhilke being heard and considdered be them, they this day produced in parliament their report in writ bearand the erle of Hartfell, his declaratione and their opinione as fallowes, viz: James, erle of Hartfell did declare that whereas he had bene misconstrued and doubted of his affectione to the publict and to the good caus, yit he hade not done any thing which he conceaved might have ather bred or interteaned such jelousies, and now to testifie his reall affectione to bothe and to the effect these jelousies might be removed he did voluntarlie make offer of ane thousand pund sterling to be payed to the use of the publict and (in the optioun of the parliament) that he should ather find cautione or act himselfe and his sone for his good behaviour in tymecomeing wnder what paine the estates of parliament should thinke fitt. The opinioun of the lordes and otheres appoynted be the parliament for hearing the erle of Hartfell is that the offer is reassonable and may be receaved. Quhilk report and opinione foirsaid, with the offer abovementionat, being debated, hard and considdered be the estates of parliament, they eftir voyceing hes accepted and accepts of the foirsaid offer of ane thousand pund sterline and ordeanes the said James, erle of Hartefell to acte himselfe and find cautione for his good behaviour and good cariage in tymecomeing and that he shall not doe nor be accessorie to the doeing of any thing to the prejudice of the estates of this kingdome and peace thairof, bot that he shall be assisting therto to the uttermost of his power aganes the enemyes of the same wnder the pane of ane hundreth thousand punds Scotes. Conforme to the quhilke ordinance and for obedience therof compeired personally James, erle of Home, James, erle of Annandaill, Sir Williame Baillie of Lamyngtoun and Sir Robert Greirsone of Lagg and became acted and obleist them and ilke ane of them conjunctlie and severallie as cautioneres for the said James, erle of Hartefell for his good behaviour and good cariage in tymecomeing and that he shall not doe nor be accessorie to the doeing of any thing to the prejudice of the estates of this kingdome and peace therof, bot that he shallbe assisting therto to the wttermost of his power aganes the enemyes of the same wnder the foirsaid pane of ane hundreth thousand pundes Scotes. Lykeas the said James, erle of Hartfell compeired also personally and became acted and obleist himselfe to the effect abovementionat and als to warrand and relive his saides cautioneres abovenamed and ilke ane of them of the foirsaid cautionrie and of all danger and hazard that may fallow thairupon aganes them or ony of them. In respect quhairof and of ane dischairge produced be the said James, erle of Hartefell granted and subscryved be Archbald Sydserfe, generall collector deput to Sir Adame Hepburne of Humbie, generall commissarie, upoun the recept fra him for the use of the publict of the foirsaid soume of ane thousand pund sterline accepted be the estates fra the said erle of Hartfell as said is, the saides estates of parliament doe heirby dismiss and grantes libertie and freedome to the said James, erle of Hartfell to pas and repas for doeing of his laufull effaires notwithstanding of any imprisonement, restraint or confynement formerlie put wpoun him and of the cautione fund be him for keeping of the samene confynement, quhilke the estates of parliament heirby dischairges.