[1644/6/75]*[print] [email] [cite] [preceding] [following]
Anent the supplication given in to the estates of parliament by John Maxwell of Newlaw making mention that he is detained in ward within the tolbooth of Edinburgh at the instance of the commissioners of the common burdens of this kingdom and other collectors and receivers of the rents in name of the public for alleged non-payment to them of the rents of the abbacy of Dundrennan, albeit it be true that these three years bygone he has continuously attended the committee of estates, being most willing and ready to have made account, reckoning and payment of the rents of the said abbacy according to his intromission forthwith, if it had pleased your lords to nominate and appoint some of their number or others whom they thought fit to be auditors for that effect. And albeit the supplicant has long attended and been willing to do his duty, yet he is imprisoned upon a general charge to make account, which cannot procure real satisfaction, neither knows he how to disburden himself without a special charge which cannot be done without fitting of an account; in the meantime his lying in prison procures his ruin unless remedy be provided, and therefore desiring that the aforesaid commissioners and their collectors might be ordained to give in and produce their particular account and charge against the supplicant anent his intromission with the rents of the said abbacy before such auditors as shall be appointed for hearing thereof and of his exoneration; and if he should be clearly exonerated, that he may be liberated out of prison, and otherwise to be liable for any quantity for which he shall be found justly liable after account, as the supplication purports. Which supplication and desire thereof aforesaid being read and considered by the committee appointed by the estates of parliament for hearing and considering the bills and supplications given in to the parliament, and the said committee having called before them Robert Hepburn, clerk to the aforesaid commissioners for the common burdens, and others having charge relating thereto, and having recommended to the said Robert Hepburn the equity of the supplicant's desire and heard him relating thereto, the said committee found reasonable that the said John Maxwell of Newlaw, supplicant, should be put to liberty that he may clear and fit his said accounts, he acting himself in the books of common burdens to re-enter in ward within one month unless he clears and satisfies his accounts, and that this his liberation be without prejudice of the cautionary found by the supplicant when he receives his commission for intromission with the rents of the said abbacy of Dundrennan; to the which ordinance of the said committee, the said Robert Hepburn, being personally present, did not oppose but acquiesced and agreed thereto. Whereupon the said committee, by [William Cunningham], earl of Glencairn, president of that committee, made report of the whole premises above-mentioned in audience of the parliament, which being heard and considered by the estates of parliament, the said estates, in respect of the report of the said committee and consent aforesaid, decree and ordain the provost and bailies of Edinburgh to put the said John Maxwell of Newlaw, supplicant, to liberty out of their said tolbooth and ward where he remains incarcerated for the present, and that notwithstanding of any caption, arrestment or other warrant of incarceration against the said supplicant at the instance of the commissioners of the common burdens of this kingdom and other collectors and receivers, in name of the public, for the non-account and payment to them of the rents of the said abbacy of Dundrennan, to the effect the said John Maxwell, supplicant, may clear and fit his said accounts, the said John Maxwell always first acting himself in the books of the common burdens to re-enter in ward within one month unless he clear and satisfy his accounts; and for the better fitting and clearing of the same accounts, ordain the said Robert Hepburn to give in and deliver to the said John Maxwell a special charge that he may answer thereto and accordingly account, and the estates declare that this warrant for the said John Maxwell's liberation is and shall always be without prejudice of the cautionary found by him when he got his said commission for intromission, and ordain letters to be directed hereupon charging the said provost and bailies of Edinburgh to the effect above-mentioned within 24 hours next after the charge under the pain of rebellion.