34 Capture of Covenanting Town of Dumfries. 



letters of intercomrauning were passed against them, declaring 

 them "enemies of religion, crown, and comitry," viz.: John 

 Maxwell, elder of Mylntoun; John Glendinning of Parton ; John 

 Herries of Mabie ; John Sturgeon of Cowcourse ; William Ander- 

 son, in Preston; John Maxwell of Drumcoltran ; John and Robert 

 Herries of Crochmore ; Robert Maxwell, of Dalbeattie; John 

 Herries of Little Milnton; William Maxwell, son of Steilston ; 

 James Denholm, in Glencairn ; James Maxwell, son natural of 

 Portrack; John Miller, in Cavens; Richard Herries, in Auchen- 

 franco ; John W'elsh, in Foreside-of-Hill ; Robert and John Max- 

 well, sons of Portrack ; John M'Briar of Xetherwood : James 

 Hairstens, burgess of Dumfries ; and Robert Rainie of D^alswin- 

 ton. 



These lists, taken from the Acts of Parliament, seem to 

 embrace practicall}- all the persons resident in the district of Dum- 

 fries who were implicated with Montrose in his invasion of the 

 south of Scotland. 



The Estates rf Parliament, in proceeding to the trial of the 

 delinquents, appcinted a committee of process to enquire and 

 report. In regard to the persons of the name of Maxwell con- 

 tained in the preceding list, several were permitted to go home to 

 their dwellings on finding caution for their good behaviour in time 

 coming. The others were freed from prison and allowed liberty 

 in Edinburgh and two miles around meantime. Their cases were 

 then se\-erallv encjuired into, and fines of no great amount, with 

 caution for good behaviour in time coming, satisfied the ends of 

 justice, and their fines being paid they were set free. 



James Maxwell, second son of the Earl of Nithsdale, was 

 proprietor of the lands of Breconside, in the parish of Kirk- 

 gunzeon, and others, a steadfast, suffering royalist and anti- 

 Covenanter, who in 1640 was deprived of his rents for the use of 

 the public by the War Committee of Galloway. He was in t':e 

 company of his brother. Lord Herries, at the taking of the town 

 of Dumfries, and the following is the finding of the Estates in his 

 case : — 



"8th February, 1645. — The Estates of Parliament now con- 

 vened in the second session of the first triennial Parliament, be 

 virtue of the last act of the last Parliament halden be his Majesty 

 and three e.states in Anno 1641. Having heard and considered 



