[1641/8/225]¹

Act regarding the liberation of those men in the castle, namely: [James Graham], earl of Montrose, [Archibald Napier], lord Napier, lairds [Sir George Stirling of] Keir and [Sir Archibald Stewart of] Blackhall, Sir Walter Stewart, Sir Robert Spottiswood [of Dunipace] and Sir John Hay [of Bara], with their act of caution

The which day the supplication given in to the king's majesty and estates of parliament by James, earl of Montrose, Archibald, lord Napier, Sir George Stirling of Keir and Sir Archibald Stewart of Blackhall, knights, craving enlargement and liberty out of the castle of Edinburgh, where they are committed by warrant from the committee of estates of parliament, with the other supplication likewise given in to the king and parliament by Sir Robert Spottiswood and Sir John Hay knights, desiring also their enlargement and liberty out of the said castle of Edinburgh, where they remain incarcerated by warrant from the estates of parliament, together also with the supplication of Lieutenant Colonel Stewart for his liberty out of the said castle where he is incarcerated by warrant from the said committee of estates, being read and taken to consideration by the king's majesty and estates of parliament, his majesty and estates of parliament foresaid ordain the said James, earl of Montrose, Archibald, lord Napier, the lairds of Keir and Blackhall, Sir Robert Spottiswood, Sir John Hay, Lieutenant Colonel Walter Stewart and every one of them to be put to liberty out of the said castle of Edinburgh, where they are committed and incarcerated by warrant respectively foresaid, they and every one of them finding sufficient caution to behave themselves in such a quiet manner as may conduce most for the well and peace of the kingdom and according to the acts of parliament, wherein if they fail, the favour granted to them by the king and parliament to be null. And also the said supplicants and each one of them finding likewise caution to appear before the commissioners appointed by the king and parliament for trying the incendiaries and plotters, or quorum of the said commissioners contained in the commission granted thereupon, whensoever and at such time or times as the supplicants above-named or any of them shall be required to appear before the said commissioners or quorum thereof. And as for those incendiaries who are cited to the parliament and are out of the country, in case any of them shall return to this kingdom, his majesty and estates of parliament declare that those that shall return shall be obliged to find the like caution with the like certification as the supplicants above-named are ordained to find, which caution so to be found be those persons returning his majesty and estates ordain to be received by the lords of his highness's privy council; and declare that upon the finding of the said caution, those persons shall have liberty of their persons, and declare that this act for the caution mentioned therein shall only stand obligatory against the cautioners during the time of the foresaid commission appointed for the foresaid trial, which endures only to 1 March next only.