28 Septembris 1639

[Business regarding the book of rates; subcommittee appointed for the visitation of the University of St Andrews; overtures submitted against the act for small vassals]

The lords of articles desyrs the Erle of Rothes to associate unto himselfe some of each estate quhom he pleases for perusing the act of parliament anent the blew booke of raittis, with the commissione graunted be parliament to the counsale for the director of the chancellarie and act of counsale following thairwpon, and to informe thameselfis of the abuses committed by the transgressours of that act and the most expedient wayis of remedie.

The supplicatioune presented by the commissioners of the assemblie, craving ane visitatione of the Universitie of Sanct Andrewis and that some course may be takin for supplie of their necessitie and remedeing the disordours and defectis which ar in the same, appointis the Erle of Lauderdaill, Southesk, Rothes, Montrose, Lord Lindsay, Auldbar, Innes and Maistir Robert Barclay to informe thameselfis be all probable wayis with all possible diligence of the estate of the colledge and Universitie of Sanct Andrewis, both anent the meanis, estate, foundatione, disorders and all thingis requisite, and to report the same to the articles, that they may supplicate his majestie conforme to the supplicatione presented, quhilk was gevin to Auldbar.

Sir Jhone Scott producit certane articles and reasones against the act quhilk is past in articles anent the vassallis of small portiones of lands and protested that the same be exhibited and red in face of parliament.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.11(b) r-11(b) v. Back
[Commission granted for restitution of goods taken unlawfully since the pacification; act delivered to the king's advocate for further consideration]

The supplicatione presented by the Laird of Balmaine, Margaret Barclay and James Wode of Balbegno craving restitutione of the guids takin from him sen the pacificatione be some persones speciallie condiscendit upon, quhilks ar libellit to be tennentis to the Marquis of Huntlie. The Marquis of Huntlie acted and bound himselfe for restitutioune of all guids takin by his sones or tennentis or servantis for quhom he may be lyable in law. Grantis commissione to the Erle of Marshell and Southesk, the Erle of Finlatour, the lairds of Auldbar, Dun, Drum and Kemnay to meitt at Drumlithie the sevint of November, with power to appoint any others, with power to heir both parties clamis, defenses and answer, and to tak probatione be witneses or otherwayis, and to determine and give decreit. And appointis the Laird of Balmaine to give ane roll to the Marquis of Huntlie betuix and the fyftene day of October nixt of all those complained upon by him, for quhilks persones for quhom he may be lyable the marquis shall exhibite befoir the commissioners forsaid, or otherwayis probatioune shall be deduced against thame as gif they had bein summoned.

And the commissione of the lyke nature to be graunted for the wrong done to the Erle of Mershell, Southesk, Laird of Edyell or their tenentis or ony other gentlemen of the countrie to such persones as shall be condiscendit upon; for quhilk effect the marquis promeist to nominate eight, and the Marshall to nominate eight, that the articles may choyse ane competent nomber out of the same.

Act anent the exhibitione of registers befoir the parliament delyvered to the kingis advocat, that he and Maistir William Hay may speik thairanent to the commissioneris grace.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.11(b) r-11(b) v. Back
[Act to be recommended to the king; acts ordered to be seen by the burghs; acts continued; act approved]

Act craving that no remissione may be graunted for murther, thift etc. without satisfactione to the partie, appointis the heavie prejudices redounding to the countrie by the remissiones purchest throu misinformatione to his majestie to be drawin up with ane supplicatione craving the effect of this act, and producit by the baronis to the commissioneris grace that he may humblie represent the same to his majestie and supplicat his majestie thairanent, and alse anent the discharge of precognitiones in crymes.

Act anent the change of the termes, ordained to be sein by the borrowis.

Act anent the change of the sessione, ordaned to be sein by the borrowis and thairefter both these actis to be shewin to the lords of sessione quha ar in town to be advysit by thame.

Act extending the attachment of shirreffis for 15 dayis, continewed till Mooneday.

Act anent the takis of teyndis sett with consent of the patron to be declared valid notwithstanding the patronage be thairefter reducit, continewed till Mooneday nixt.

Act discharging the lettres of four formes upon comprysingis, continewed till Mooneday.

Act discharging the registeratione of comprysingis, continewed till Mooneday.

Act anent the breifis of airs, portioners and tutoures, continewed till Mooneday and gevin to Auldbar to be shewin to the directour of the chancellarie.

Act against the regratters and foirstallers red, voited and past in articles.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.11(b) r-11(b) v. Back