[1641/8/269]¹

Act regarding the delivery of the castle of Dumbarton to [James Stewart], duke of Lennox

The which day the king's majesty and estates of parliament, considering that Archibald [Campbell], now marquis and then earl of Argyll, in the month of August 1640, by the commission from the estates of parliament for the time, after some parley and articles of capitulation passed between him and Sir John Henderson, then captain of the castle of Dumbarton, did obtain the said castle and ammunition that was therein to be rendered to him in name of the said estates. Likewise the said committee of estates entrusted the said marquis with the keeping of the said castle in their name for the use of the public, which he has faithfully done. And therefore his majesty and estates ratify and approve the said marquis's proceeding and carriage in the receiving and keeping of the said castle, and hold the same as good service done by him to the country, and ordain him now to render the said castle of Dumbarton and whole cannon, ammunition and other moveables that are therein to the Duke of Lennox, to whom the same pertained and still pertains, or to any having his warrant, which is hereby declared to be a sufficient exoneration to the said Marquis of Argyll and his depute keepers of the said castle for the rendering thereof to the Duke of Lennox or any having his warrant as said is. And further, for removing of all jealousy or fear that may be conceived by keeping any garrisons or ammunition in the said castle, his majesty and estates of parliament statute and ordain that the whole soldiers, ammunition and cannon of the said castle of Dumbarton be presently transported forth thereof, and that none be put nor kept therein hereafter, and that the walls of the said castle be never repaired in all time coming. Likewise his majesty and estates foresaid declare that it shall not be permissible to the Duke of Lennox nor any in his name or having right from him to crave the rents of the said castle for the crop and year of God 1640 or any other year preceding that intromitted with by the said Marquis of Argyll as having warrant from the said committee of estates, but that the said marquis shall be only liable to account therefore to the committee appointed for the common burdens of this kingdom for the bygone charges of the said castle and the use of the public, without prejudice of the duke's right and re-entry to the castle rents of Dumbarton for the whole crop and year of God 1641 and in time coming, according to his right to be intromitted with by him or any other having his power and warrant, to the which whole premises above-mentioned the said Duke of Lennox and Marquis of Argyll, personally present in parliament, willingly consented.