Decimo Septembris 1639

Ante meridiem

[Depute clerk register appointed; protests against; consideration of salmon fishing upon Sunday continued]

The lord commissioneris general produced ane letter direct to him from his majestie anent the deputatioune to be graunted to Maistir William Hay or any sufficient man whom the clerk register should nominate, and according thairunto required that Maistir William Hay should supplie the clerk of registers place in this parliament. Quhairunto Maistir Alexander Gibsone and Maistir William Scott maid thair answer, as it is produced in writt, and Maistir William Hay also protested as is sett down in writt.†

The ressounes and overturis for toleratioune of the salmond fishing upon Sooneday appointed to be gevin to the commissioners for the church, that they may consider the same and give thair answer thairanent in the efternoone.†

  1. NAS, PA6/3, 'August 31-October 22 1639', f.4(b) v. Back
  2. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The commissioneris general produced ane letter direct to his general anent the deputatioune to be graunted to Maistir William Hay, and the clerks maid thair answer and Maistir William Hay maid in his protestatioune in the contrair, as the same ar gevin in by writt.' Back
  3. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The ressounes and overturis for toleratioune of the salmond fishing upon Sooneday appointed to be gevin to the commissioners for the church, that they may be advysed therwith and give thair answer thairanent efternoone.' Back
  4. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The mercatt day upon Mooneday dischargit in Edinburgh, Glasgow, Dumfries and Jedburgh, bot whidder the said discharge shall be absolute or gif the same shall be tolerated for such commodities as ar brought to the said mercatt by people who leives at such distance that they may come with the said commodities from thair awin houses that morning, it is referred to the borrowis to think upon whill efternoone and then to represent these to the articles.' Back
  5. Preceded by 'XI Septembris 1639 post meridiem', written in error then deleted. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) r-5(a) v. Back
  7. The text from 'commissioneris general' to the end of the minute appears at the top of the following page, separated from subsequent business by a horizontal line. Back
[Supplication partly approved; consideration of further particulars remitted to the burghs]

That pairt of the supplicatioune presented from the assemblie anent the discharge of the mercate day upon Mooneday in Edinburgh, Glasgow, Dumfries and Jedburgh, red, voited and past in articles bot whidder the said discharge shall be absolute or gif it shall be for some speciall commodities which occasion the breach of the Sabbath, or gif the saidis mercatis shall yit be tolerated for such commodities as ar brought thither by people who leives at such distance as they may come with the same from thair awin housis that morning to the mercatt, it is referred to the burrowis to think upon whill efternoone, and then to propone thair desyres and the ressounes thairof to the articles.†

  1. NAS, PA6/3, 'August 31-October 22 1639', f.4(b) v. Back
  2. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The commissioneris general produced ane letter direct to his general anent the deputatioune to be graunted to Maistir William Hay, and the clerks maid thair answer and Maistir William Hay maid in his protestatioune in the contrair, as the same ar gevin in by writt.' Back
  3. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The ressounes and overturis for toleratioune of the salmond fishing upon Sooneday appointed to be gevin to the commissioners for the church, that they may be advysed therwith and give thair answer thairanent efternoone.' Back
  4. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The mercatt day upon Mooneday dischargit in Edinburgh, Glasgow, Dumfries and Jedburgh, bot whidder the said discharge shall be absolute or gif the same shall be tolerated for such commodities as ar brought to the said mercatt by people who leives at such distance that they may come with the said commodities from thair awin houses that morning, it is referred to the borrowis to think upon whill efternoone and then to represent these to the articles.' Back
  5. Preceded by 'XI Septembris 1639 post meridiem', written in error then deleted. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) r-5(a) v. Back
  7. The text from 'commissioneris general' to the end of the minute appears at the top of the following page, separated from subsequent business by a horizontal line. Back

Decimo Septembris 1639

Post meridiem †

[Supplications remitted to king as business proper to the general assembly]

The supplicatioune presented by the commissioners of Orknay, craving that some course may be takin for intertainement of the kirk of Sanct Magnus in Kirkwall, the commissioneris general and lords of articles thinks sufficient that this supplicatioune proceids from the assemblie, and that accordinglie the lord commissioneris general recommend the same to his majestie as proceiding from the assemblie, and not to be recordit in parliament.

Anent the supplicatioune presented by the commissioners of Orknay, craving some course to be takin for furnishing their expenses, the lord commissioneris general and articles remittis the same to the generall course takin by the assemblie for the lyke caices.

Anent the supplicatioune presented by the minister and towne of Brechin upon recommendatione from the assemblie, craving that the thesaurarie and chaplanries of Brechin may be takin from the present titulars, who haif sufficient stipend besyde, and gevin to the minister of Brechin for supplie of his small stipend. The lord commissioneris general and articles, haifing besyde the ressones perteined in the bill considered also that thair was ever ane second minister at Brechin whose stipend was payed by the bishop, thinkis it expedient that the said supplicatioune be recommendit to his majestie by the lord commissioneris general as proceiding from the assemblie, bot no act of parliament to pass heirupon.

Anent the supplicatioune presented by the minister and towne of Elgin craving ane maintenance for two ministers and ane reider, they being now altogidder destitute, the lord commissioneris general and articles thinkis it expedient that the said supplicatione be recommendit to his majestie by the lord commissioneris grace as proceiding from the assemblie, bot no act of parliament to pass heirupon.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.4(b) v. Back
  2. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The commissioneris general produced ane letter direct to his general anent the deputatioune to be graunted to Maistir William Hay, and the clerks maid thair answer and Maistir William Hay maid in his protestatioune in the contrair, as the same ar gevin in by writt.' Back
  3. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The ressounes and overturis for toleratioune of the salmond fishing upon Sooneday appointed to be gevin to the commissioners for the church, that they may be advysed therwith and give thair answer thairanent efternoone.' Back
  4. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The mercatt day upon Mooneday dischargit in Edinburgh, Glasgow, Dumfries and Jedburgh, bot whidder the said discharge shall be absolute or gif the same shall be tolerated for such commodities as ar brought to the said mercatt by people who leives at such distance that they may come with the said commodities from thair awin houses that morning, it is referred to the borrowis to think upon whill efternoone and then to represent these to the articles.' Back
  5. Preceded by 'XI Septembris 1639 post meridiem', written in error then deleted. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) r-5(a) v. Back
  7. The text from 'commissioneris general' to the end of the minute appears at the top of the following page, separated from subsequent business by a horizontal line. Back
[Supplication continued; Yule vacation for court of session abolished]

Anent the supplicatioune presented by the minister of Auchtertuill craving augmentatioune of his stipend out of the bishopis rentis, continewis the geving answer thairto till the lords haif takin into thair consideratioune whidder the commissioune for surrenders and plantatione of kirkis shall be revived or not.

Anent the article of the supplicatioune presented by the commissioners from the assemblie craving the Yuill vacance to be dischargit, red, voited and past in articles that the Yuill vacance be dischargit, both for the ressones contenit in the bill and becaus the same hes interrupted the course of justice to the heavie prejudice of the liegis. Thairfoir to order that the sessione sitt betuix the first day of November and the last day of March without any interruptioune of vacance.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.4(b) v. Back
  2. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The commissioneris general produced ane letter direct to his general anent the deputatioune to be graunted to Maistir William Hay, and the clerks maid thair answer and Maistir William Hay maid in his protestatioune in the contrair, as the same ar gevin in by writt.' Back
  3. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The ressounes and overturis for toleratioune of the salmond fishing upon Sooneday appointed to be gevin to the commissioners for the church, that they may be advysed therwith and give thair answer thairanent efternoone.' Back
  4. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The mercatt day upon Mooneday dischargit in Edinburgh, Glasgow, Dumfries and Jedburgh, bot whidder the said discharge shall be absolute or gif the same shall be tolerated for such commodities as ar brought to the said mercatt by people who leives at such distance that they may come with the said commodities from thair awin houses that morning, it is referred to the borrowis to think upon whill efternoone and then to represent these to the articles.' Back
  5. Preceded by 'XI Septembris 1639 post meridiem', written in error then deleted. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) r-5(a) v. Back
  7. The text from 'commissioneris general' to the end of the minute appears at the top of the following page, separated from subsequent business by a horizontal line. Back
[Acts of parliament against drunkenness revived; former acts made against blasphemy ordered to be revised]

Anent the article of the supplicatioune concerning drunkennes, ordaines the actis of parliament maid against that vice to be revived.

Anent the article of the supplicatioune against blasphemie, appointis the kingis majesties advocat to revise the actis of parliament and counsale maid against the same, and represent the same to the articles the morne.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.4(b) v. Back
  2. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The commissioneris general produced ane letter direct to his general anent the deputatioune to be graunted to Maistir William Hay, and the clerks maid thair answer and Maistir William Hay maid in his protestatioune in the contrair, as the same ar gevin in by writt.' Back
  3. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The ressounes and overturis for toleratioune of the salmond fishing upon Sooneday appointed to be gevin to the commissioners for the church, that they may be advysed therwith and give thair answer thairanent efternoone.' Back
  4. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The mercatt day upon Mooneday dischargit in Edinburgh, Glasgow, Dumfries and Jedburgh, bot whidder the said discharge shall be absolute or gif the same shall be tolerated for such commodities as ar brought to the said mercatt by people who leives at such distance that they may come with the said commodities from thair awin houses that morning, it is referred to the borrowis to think upon whill efternoone and then to represent these to the articles.' Back
  5. Preceded by 'XI Septembris 1639 post meridiem', written in error then deleted. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) r-5(a) v. Back
  7. The text from 'commissioneris general' to the end of the minute appears at the top of the following page, separated from subsequent business by a horizontal line. Back
[Answer regarding fees payable to kirk officers continued; market days in Edinburgh and Glasgow etc.]

Continewis the answer to the supplicationes gevin in by the commissioners of the assemblie, craving ane fie to the procurator for the kirk, clerk and agent for the kirk, unto the morne and that inrespect the commissioneris general questioning the grant of the saids offices to pertaine to the kingis majestie, and especiallie that of procurator, did not only challenge that loss of his maisters right, bot lykewayis avouched that his majestie by no reasone could be urgit to pay the fies of any place which is not at his awin presentatioun.†

The mercate day upon Mooneday dischargit in Edinburgh and Glasgow for the particulars quhairupon Jhone Smith and Patrik Bell shall condiscend, bot to stand for the remanent commodities; and the said merchandice so prohibited to be sauld upon the Mooneday to be vented upon the Wednesday. And befoir they determine anent Drumfreis and Jedburgh, to speik with the commissioners of the saids townes that they may condiscend upon the merchandice to be prohibited to be sauld upon Mooneday in these townes. And generallie dischargis all mercattis and merchant trystis upon Sooneday throughout all the kingdome. And the forsaid act anent the discharge of Mooneday mercat to stand quhill the nixt assemblie, that the inconvenience redounding to the lieges by this act being representit to the assemblie, they may consider thairof, and gif they find the same sufficient, may supplicat the nixt following parliament to rescind this act.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.4(b) v. Back
  2. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The commissioneris general produced ane letter direct to his general anent the deputatioune to be graunted to Maistir William Hay, and the clerks maid thair answer and Maistir William Hay maid in his protestatioune in the contrair, as the same ar gevin in by writt.' Back
  3. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The ressounes and overturis for toleratioune of the salmond fishing upon Sooneday appointed to be gevin to the commissioners for the church, that they may be advysed therwith and give thair answer thairanent efternoone.' Back
  4. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The mercatt day upon Mooneday dischargit in Edinburgh, Glasgow, Dumfries and Jedburgh, bot whidder the said discharge shall be absolute or gif the same shall be tolerated for such commodities as ar brought to the said mercatt by people who leives at such distance that they may come with the said commodities from thair awin houses that morning, it is referred to the borrowis to think upon whill efternoone and then to represent these to the articles.' Back
  5. Preceded by 'XI Septembris 1639 post meridiem', written in error then deleted. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) r-5(a) v. Back
  7. The text from 'commissioneris general' to the end of the minute appears at the top of the following page, separated from subsequent business by a horizontal line. Back
[Overtures submitted for salmon fishing on Sunday; supplication regarding ministers' stipends continued]

The ressounes and ouverture for the tolleratioune of salmond fishing upon Sooneday gevin to the Laird of Innes, to be communicat to the Erle of Dumfermeling, that befoir the articles proceid to the determinatione of that article, the Erle of Dumfermelin may also be hard for his interest.

The supplicatioune from the assemblie anent augmentatione of ministers stipendis etc. and the propositioune anent the reviving of the commissioune continued to the morne.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.4(b) v. Back
  2. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The commissioneris general produced ane letter direct to his general anent the deputatioune to be graunted to Maistir William Hay, and the clerks maid thair answer and Maistir William Hay maid in his protestatioune in the contrair, as the same ar gevin in by writt.' Back
  3. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The ressounes and overturis for toleratioune of the salmond fishing upon Sooneday appointed to be gevin to the commissioners for the church, that they may be advysed therwith and give thair answer thairanent efternoone.' Back
  4. A draft entry of this business can be found on NAS, PA6/3, 'August 31-October 22 1639', f.3(b) v, as follows: 'The mercatt day upon Mooneday dischargit in Edinburgh, Glasgow, Dumfries and Jedburgh, bot whidder the said discharge shall be absolute or gif the same shall be tolerated for such commodities as ar brought to the said mercatt by people who leives at such distance that they may come with the said commodities from thair awin houses that morning, it is referred to the borrowis to think upon whill efternoone and then to represent these to the articles.' Back
  5. Preceded by 'XI Septembris 1639 post meridiem', written in error then deleted. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) r-5(a) v. Back
  7. The text from 'commissioneris general' to the end of the minute appears at the top of the following page, separated from subsequent business by a horizontal line. Back