[1644/6/75]¹

Legislation

Act in favoures of Johne Maxwell of Neulau of his liberatioune

Anente the supplicatione givine in to the estates of parliament be Johne Maxwell of Wairdlaw²makeand mentione that he is deteynd in ward within the tolbooth of Edinburgh at the instance of the commissioneres of the commoune burdenes of this kingdome and otheres collectores and resaveres of the rentes in name of the publict for alledged not payment to them of the rentes of the abbacie of [Dundreinoone]³, albeit it be trew that thir thrie yeeres bygone he has continowallie attendit the committie of estates, being most willing and reddie to have made compt, reckoneing and payment of the rentes of the said abbacy according to his intromissione therwith, if it had pleased your lords to nominat and appoynt [some] of ther nomber or otheres whom they thought fit to be auditors for that effect. And albeit the supplicant hes long attendit and bene willing to doe his dewty, yit he is imprisoned wpoun ane generall [chairge] to make compt, quhilke cannot procure reall satisfactione, nather knowes he how to disburdene himselfe without ane speciall chairge quhilke cannot be done without fiting of ane accompt; in the meanetyme his lying in prisone procures his ruine unles remeid be provydit, and therfor desyreing that the foirsaids commissioneres and ther collectores might be ordenit to give in and produce their particulare compt and chairge aganes the supplicant anent his intromissioune with the rentes of the said abbacy befor sicke auditores as shallbe appoynted for heiring therof and of his exonorationes; and if he should be cleirlie exonered, that he may be liberat out of prisone, and otherwayes to be lyable for ony quantitie quherin he shallbe fund justly lyable eftir compt, as the supplicatione proportes. Quhilke supplicatione and desyre therof foirsaid being red and considdered be the committie appoynted be the estates of parliament for heiring and considdering of the billes and supplicationes givine in to the parliament, and the said committie haveing callit before them Robert Hepburne, clerke to the foirsaides commissioneres for the commoune burdenes, and utheres haveing chairge theranent, and haveing recommendit to the said Robert Hepburne the equitie of the supplicantes desyre and hard him thereanent, the said committie fand reasonnable that the said Johne Maxwell of Newlaw, supplicant, should be put to libertie that he may cleir and fit his saids accomptes, he acting himselfe in the bookes of common burdinges to reenter in waird within ane moneth unles he cleir and satisfie his accomptes, and that this his liberatione be without prejudice of the cautionrie fund be the supplicant when he resaves his commissione for intromissione with the rentes of the said abbacie of Dundreinoone; to the quhilke ordinance of the said committy, the said Robert Hepburne, being personallie present, did note oppose bot acquieshed and condishendit therto. Wheruponn the said committie, be the erle of Glencairne, preses of that committie, maid report of the haill premiss abovementionat in audience of the parliament, quhilke being hard and considdered be the estates of parliament, the saides estaites, in respect of the report of the said committie and consent foirsaid, decernes and ordeanes the proveist and baillies of Edinburgh to put the said Johne Maxwell of Newlaw, supplicant, to liberty furth of there said tolbooth and waird where he remaines incarcerat for the present, and that notwithstanding of ony captione, arreistment or other warrand of incarceratione aganes the said supplicant at the instance of the comissioneres of the commoun burdings of this kingdome and otheres collectores and resaveres, in name of the publict, for not compt and payment to them of the rentes of the said abbacie of Dundreinoone, to the effect the said Johne Maxwell, supplicant, may cleir and fit his saids accomptes, the said Johne Maxwell allwayes first acting himselfe in the bookes of the commone burdings to reentir in waird within ane moneth unles he cleir and satisfie his accomptes; and for the bettir fitting and cleireing of the samene accomptes, ordeanes the said Robert Hepburne to give in and delyver to the said Johne Maxwell ane speciall chairge that he may ansuer therto and accordinglie compt, and the estates declaires that this warrand for the said Johne Maxwell, his liberatione, is and shall be allwayes but prejudice of the cautionarie fund be him when he got his said commissione for intromissioun, and ordeanes lettires to be directed heirwpoun chairgeing the saidis proveist and baillies of Edinburgh to the effect abovementionat within tuenty four houres nixt eftir the chairge wnder the paine of rebellioun.