[1645/11/116]*[print] [email] [cite] [preceding] [following]
The estates of parliament having heard and considered the supplication of Gavin, earl of Carnwath bearing that the estates had conveyed to him all lands, lordships, baronies, mills, woods, fishings, teinds, patronages, reversions, sums of money and other goods and gear moveable and unmoveable pertaining of before to Robert [Dalzell], sometime earl of Carnwath, and had also assigned the supplicant all contracts, bonds, reversions and other writs and securities whatsoever of or concerning the said lands, baronies and others aforesaid conceived in favour of the said late earl of Carnwath or his authors or any others to their use, and that the same writs and evidents were in the hands of Sir John Dalzell of Newton who the time of his going in to James Graham, [earl of Montrose] before or shortly after sent and delivered the coffers, chests and cabinets, one or more, with the said writs and securities respectively being therein, to William [Douglas], marquis of Douglas, his house of Douglas, or to Archibald [Douglas], lord Angus, his house of Tantallon, or to Sir Lewis Stewart or Dame Marion Arnott, his spouse, or to Dame Agnes Nisbet, spouse to the said Sir John Dalzell, and therefore desiring warrant for citation of the said persons for exhibition of the said chests, coffers and cabinets, one or more, and all writs being therein or otherwise delivered, sent, left or entrusted by the said Sir John Dalzell or any in his name to the said persons or any of them to the effect the same writs and securities may be given up to the supplicant as his own proper writs and evidents, as the supplication bears. And herewith also considering that it is necessary that the said Sir John Dalzell, who is presently in rebellion, be cited for his interest in the said matter, the said estates of parliament do hereby grant warrant and precept to macers or messengers of arms respectively, jointly and separately, to summon, warn and charge the said William, marquis of Douglas, Archibald, lord Angus, Sir Lewis Stewart, Dame Marion Arnott, his spouse, and Dame Agnes Nisbet, spouse to the said Sir John Dalzell, personally or at their dwelling places where they reside, and also the said Sir John Dalzell, for his interest, by open proclamation at the market cross of St Andrews to compear before the parliament, and in case the parliament rises before the day of compearance, before the committee of estates of parliament at St Andrews or where it shall happen them to be for the time the [...] day of [...], with continuation of days, to answer to the desire of the aforesaid supplication and to be ordered to exhibit the aforesaid chests, coffers or cabinets, one or more, and all writs being therein or being otherwise delivered, sent, left or entrusted by the said Sir John Dalzell or any in his name to the aforenamed persons or any of them to the effect the same writs and securities respectively may be delivered and given up to the supplicant as his own proper writs, or else to show a reasonable cause in the contrary, with certification letters shall be directed simply against them to the effect above-specified. And the estates declare the citation of the said Sir John Dalzell at the market cross of St Andrews shall be as sufficient as if he were presently apprehended, seeing he is presently in the rebellion with James Graham and his associates, for the which this act shall be a warrant.