[1643/6/7]¹

Judicial Proceeding: decreet against the earl of Carnwath

Decreet against [Robert Dalzell, earl of] Carnwath

Forasmuch as upon remonstrance made to this convention of estates by Sir Archibald Johnston of Wariston, in name of the commissioners of shires, and Sir John Smith [of Grotehill], in name of the commissioners for burghs, that the said barons and burgesses had been informed that Robert, earl of Carnwath had maliciously traduced the proceedings of this kingdom which were ratified by his majesty and estates of parliament, in so far as upon occasion of the commissioners who went from this kingdom to his majesty in January last pressing liberty to go to London, according to their instructions and safe conducts, the said earl proudly said to his majesty in presence of some noblemen these words or words to this purpose: 'Sir, it is a strange thing to see that they were not content to come into this kingdom against you, sir, to ruin your majesty themselves, but they will also come in and assist this rebellion and ruin you here'. The convention did thereupon ordain the said earl to be charged forthwith, to sight his person before them as he should be answerable; who was accordingly charged, personally apprehended by a macer and promised to appear presently, but compeared not. Whereupon the convention of estates found that he had contravened that charge, and therefore did ordain him to be charged by open proclamation at the market cross of Edinburgh to enter his person in ward within the tolbooth thereof within 12 hours after the said proclamation under the pain of £10,000. And Mr John Henderson having accordingly passed yesterday at 7 o'clock in the afternoon, and by open proclamation and sound of trumpet charged the said earl to enter his person in ward, according to the said warrant, the said earl of Carnwath has notwithstanding disobeyed this charge and has not entered his person in ward according thereto, as was attested by the keeper of the tolbooth. For which contempt, the said convention of estates find and declare the said earl of Carnwath to have incurred and to incur the said penalty of £10,000 contained in the charge, and ordain letters of horning, poinding, arrestment, inhibition, apprising and all other execution personal and real to pass against him for payment thereof in as free and ample manner as is usual by the laws of the kingdom for payment of debts upon bonds and obligations; and that letters be directed at the instance of John Jossie for payment of the same to him for such necessary affairs for which he shall receive order from the said convention, he always being answerable for disposing the said monies according to the order of the said estates.