Tertio Octobris 1639

[Commission for surrenders, teinds and plantation of kirks revived; membership remitted to the king; supplication for registration of sasines approved]

The articles recommendis to the commissioneris grace to represent to his majestie that it is thought fitting by the estatis that the commissione for surrenders and tithes and plantatione of kirkis etc. be revived and renewed; and ordainis the advocat to draw up the commissione as it was in anno 1633, being only blank in the persones, for filling up quhairof appointes everie estate to give in ane list of persones sitting to be judges to the commissioneris grace to be shewin to his majestie, that his majestie may nominate and fill up the names of these to quhom the commissione is graunted.

Supplicatione by the gentlemen and commonis of Argyle, craving that the clerk of register may appoint ane depute for registeratione of seasingis and reversiones of that shirrefdome to reside at Inverarey, red, voited and past in articles, the present deputt who is provydit thairto formerlie by the clerk register being satisfied.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) r-13(b) v. Back
  2. Written in margin 'Delyvered to Keir'. Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) v. Back
  4. Sic. Likely to refer to the treasurer depute since John Stewart, earl of Traquair was both treasurer and high commissioner. Back
  5. Written in margin 'Delyvered to Keir'. Back
[Supplication and act remitted to the lords of session; act ordered to be amended; executions made by deprived messengers]

Supplicatione for tryall of notars and messingers red in articles and remitted to the lords of sessione.

Act anent heritable bands appoynted to be shewin to the lords of sessioune and sent to thame.

Act quhilk formerlie ordained all proces of ane hundreth lib. to be persewed before the defenders judge ordinarie and discharging advocationes is appointed to be altered, so that it shall be arbitrarie to the lieges to persew the said actiones ather before inferiour or superiour judges, discharging advocatiounes thairof gif they be once intentit befoir ane inferiour judge, except for the members of sessioune and counsale.

Act annulling executiones maid be deprived messingers and ordaining lettrez of horning to be direct upon the lyoun, his decreitis of deprivatione for malversatione, red, voited and past in articles.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) r-13(b) v. Back
  2. Written in margin 'Delyvered to Keir'. Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) v. Back
  4. Sic. Likely to refer to the treasurer depute since John Stewart, earl of Traquair was both treasurer and high commissioner. Back
  5. Written in margin 'Delyvered to Keir'. Back
[Commission of justiciary to be taken into further consideration; act remitted to the privy council; act refused]

Commissione of justiciarie to the Laird of Wattertone for the water of Ythane, delyvered to Auldbar to sie whill efternoone.

Act for bigging the tolbuith of Clakmannan, remitted to the counsale.

Act for setting downe ane taxt roll of that pairt of the lordship of Lundoirs benorth the mont, callit the baronie of Logiefintrie, red and refuised.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) r-13(b) v. Back
  2. Written in margin 'Delyvered to Keir'. Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) v. Back
  4. Sic. Likely to refer to the treasurer depute since John Stewart, earl of Traquair was both treasurer and high commissioner. Back
  5. Written in margin 'Delyvered to Keir'. Back
[Acts to be taken into further consideration; act regarding the keepers of castles refused; supplication ordered to be drawn up]

Act anent the comperance or exhibitione of witneses, delyvered to the advocat to be advysit whill efternoone.

Act dismembering sevin parochines from Stirlinshyre and adjoyned to Dumbartane, appointis the same to be shewin to the Erles of Mar and Airth, and they to be hard thairupon.

Act anent the keipers of the castellis of Edinburgh, Stirling and Dunbartane, that the same may only be intrusted to natives of good qualitie quha shall mak faith etc., and be chosen from tyme to tyme be advyce of the estates, red and refuised by the lord commissioneris grace and redelyvered to the Laird of Keir that he may draw up be way of supplicatione quhatsomever is fitting to be represented to his majestie.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) r-13(b) v. Back
  2. Written in margin 'Delyvered to Keir'. Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) v. Back
  4. Sic. Likely to refer to the treasurer depute since John Stewart, earl of Traquair was both treasurer and high commissioner. Back
  5. Written in margin 'Delyvered to Keir'. Back
[Supplication recommended to the king; supplication to be taken into further consideration]

Supplicatione by the parochiners of Drumfreis, craving that his majestie may be petitioned to graunt the presentatione of the benefice of Drumfreis to Maistir James Hamiltone, red in articles and recommended to the commissioneris grace to be represented to his majestie.

Supplicatione be Edward Spencer, corier, against the towne of Edinburgh delyvered to Richard Maxwell whill efternoone.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) r-13(b) v. Back
  2. Written in margin 'Delyvered to Keir'. Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) v. Back
  4. Sic. Likely to refer to the treasurer depute since John Stewart, earl of Traquair was both treasurer and high commissioner. Back
  5. Written in margin 'Delyvered to Keir'. Back

Eodem die post meridiem

[Supplications remitted to certain members; supplication remitted to the lord commissioner]

The supplicatione presented by Sir William Stewart, craving restitutioune of his guidis and that the estates wald trye and declair that the taking of the castle of Dumbartane was against his will and without his knowledge, bot he altogidder innocent of any undewtifull proceiding, red in articles, who appointis the lord privie seill, Marquis of Huntlie and Lauderdaill to heir the supplicantis desyres and report the same agane to the articles.

The supplicatione presented by the Lord Burley and heritors of land besyde the park of Falkland, craving that the pailling of the park of Falkland may be repaired, being red in articles and the Erle of Annandaill hard thairupon, the Erle of Rothes is appointed to meitt with the Erle of Annandaill and Lord Burley and speik anent the way for redres of the greivances and prejudices contained in the complaint.

Supplicatione presented by the administratours of Heriotis Hospitall, craving that the securities past betuixt the Erle of Roxburgh and thame may be delyvered to thame and ratified in parliament, being red in articles, who appointis the supplicantis to speik with the commissioneris grace anent the writtis thairinspecifiit.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) r-13(b) v. Back
  2. Written in margin 'Delyvered to Keir'. Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) v. Back
  4. Sic. Likely to refer to the treasurer depute since John Stewart, earl of Traquair was both treasurer and high commissioner. Back
  5. Written in margin 'Delyvered to Keir'. Back
[Subcommittee for the act of pacification appointed; act regarding leasing-makers revived]

Act of pacificatione being red in articles, who appointis the lord privieseill, Marquis of Huntlie, Erle of Lauderdaill, Erle of Southesk, the kingis advocat and justice clerk and thesaurer, with some others, to speik with the commissioneris grace and consider upon the said act.

Act anent leisingmakers betuix the king and his subjectis, and ordaning the counsale and sessioune to be censurable to the parliament, red in articles, who appointis the actis of parliament against lesingmakers to be revived, with this additione: that no dignitie of qualitie or office quhatsomever shall exempt thame from the said act.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) r-13(b) v. Back
  2. Written in margin 'Delyvered to Keir'. Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.13(b) v. Back
  4. Sic. Likely to refer to the treasurer depute since John Stewart, earl of Traquair was both treasurer and high commissioner. Back
  5. Written in margin 'Delyvered to Keir'. Back