[1599/7/3]¹

Act against [William Maxwell, lord] Herries [of Terregles], [Sir James Douglas of] Drumlanrig etc.

Forasmuch as William, lord Herries, Sir James Douglas of Drumlanrig, knight, and Sir James Johnstone of Dunskellie, knight, are commanded in ward for keeping of good peace, rest and quietness in the west border and to stay the bygone violent robbery and oppression used by such as dwells under them, therefore our sovereign lord and estates declare that during the time of their said warding they shall remain accountable to his highness and to the subjects that shall happen to be plundered, robbed or in any way injured for any crime or offence to be committed by any for whom they are in any way answerable by the general bond, laws and acts of parliament of this realm, and that they shall in no way be excusable of any wrong to be committed by them by reason of their imprisonment but shall stand in like manner bound as if they were at liberty and freedom. And in case complaint be made to his majesty of any wrong or injury committed by any for whom any of the said persons warded as said is are answerable for, they shall be bound to make redress to the party grieved of the goods plundered and robbed within the space of one month after the making of the complaint to his highness and intimation thereof to them. And in case the same be not done and the party be not satisfied within the said space, our sovereign lord and estates declare that it shall be lawful to the lieutenant or warden to take intromission with his whole livings and houses of any of the said persons warded whose man or tenants have committed the offence or injury, as well as for reparation and satisfaction of the party grieved as for the punishment of their disobedience in not causing the same be paid within the time prefixed. And further, our said sovereign lord and estates have declared that the said three persons warded as said is, nor none of them, shall in any way be freed, released or put to liberty out of their warding wherein they are presently imprisoned without the advice of the lieutenant or warden of the west march and barons dwelling within the same to be given to his majesty and council regarding their freedom and liberty.