Decimo Octobris 1639

[Draft act delivered to the Earl of Rothes; act continued; report regarding the book of rates read; report amended]

The frame of the narrative of the act of pacificatioune delyvered by the lord commissioneris grace to the Erle of Rothes.

Act anent heritable bandis continewed to be advysed.

Report being maid by Erle of Lauderdaill and producit in writt of the committee granted for the blew book of raittis, the articles appointis all wryters to wryte ane good cloise hand, and that thair be only ane inch of margine of the through, and that ilk through containe in the lenth thairof thriescoir lynis of writt. Item, refuises the supplicatioune presented by the wryters to the privie seill, craving a lyke pryce for wryting to the privie seill as for registeratioune and extract of ony writt. Item, allowis the pryce contained in the act of counsale for commissiones passing the quarter seillis for serving brievis. Siclyk ordaines the kingis advocat to draw up twa actis, the ane for serving airis, portioners and tutours datives to divers pupillis by vertew of ane breif, the other ordaining generall services to be deduced befoir the shirref of the shyre etc., quhair the pairtie raiser of the brievis dwellis. Farder grantis commissione for ordoring the commissioneris jurisdictioune and setting thair pryces: chancellar, thesaurer, privieseill, advocat, Lauderdaill, Southesk, Balmerinoch, Naper, Lordis of Durie, Innerpeffer, Balcomie, Fodderance, Lairdis of Cunynghameheid, Caprintoune, Brownehill, Stitchell, Jhone Smith, Patrik Bell, Maistir Robert Barclay, and Jhone Sempill, or any fyve of thame, thair being ane of the saidis officiaris, ane of the noblemen, ane of the sessioners, ane of the baronis and ane of the borrowis, the said chancellar or thesaurer or privieseill being conveiner and sine quo non. Item, anent the pryces of clerkis to commissiones granted by parliament, remittis the same to the severall commissioners respective, quhom ordaines to sett downe the pryces of thair judicatorie befoir they proceed to any act quhatsomever. Item, appointis the thesaurer depute and kingis advocat to sie the articles concerning the signett and allowis the rest of the articles contained in the report producit by the committee prout in scriptis.

Anent the article contained in the report producit by the committe for the blew booke, craving the pryce to be sett downe to shireffis, stewartis, or baillies of quhatsomever nature for the seasing ox, appointis the same to be delett out of that report, quhilk accordinglie was done. Bot appointis the vassallis of small portiounes of land only to pay to the shirref, baillie or stewart for their seasing ox fyve lib., and this to be eikit to the act anent vassallis of small portiounes of landis.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.15(b) r-15(b) v. Back
  2. Written in the margin 'The report gevin to the thesaurare depute'. Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.15(b) v. Back
  4. 'as is extant in the proces', deleted. Back

Eodem die post meridiem

[Ratifications approved; acts read and continued; complaint by the Earl of Argyll against Sir Donald Gorme debated]

Ratificatione to the shirref of Teviotedaill.

Ratificatione to the towne of Dumbartane of thair thrie fairis.

Ratificatione to the Erle of Eglintoune.

Act ordaining the power of presenting the ministers to kirks quhilks the bishopis hes been in use to present since 1606 shall belong to the kirk, and that the presbiteries within thair jurisdictioune shall provyde and admitt these ministers, red in articles and continewed.

Act ratifeing the cases against heirers of mess and discharging the subjectis of this kingdome to give any oathes in forraine nationes contrarie to thair nationall oath, red in articles and continewed.

Act anent unionne and disunioune of kirks and plantatione of schollis etc. red in articles and continewed till the morne.

Anent the complaint gevin in be the Erle of Argyle against Sir Donald Gorme and divers others, craving that the commissioneris grace and articles wald trye and punish the calumnies contained in ane supplicatioune presented by the saids persones against the said erle, the pairties being present with thair procurators and they hard to dispute thairin viva voce. The lords of articles ordaines the pairties to dispute gif ane pairtie geving in ane supplicatioune to the counsale, quhairin the defendent is interest in honnour, and thairefter the said defendent craving reparatioune before the parliament of the prejudice sustained by the calumnies emitted in the said first complaint, gif the said first complainer may mend his first complaint or libell when he is complained upon in parliament and ather divyde, explaine or alter in this judicatorie quhair now he is become defender the first dishonorable expressiouns contained in the libell befoir the counsale. The lords of articles findis the supplicantis in the first supplicatioune complained upon cannot now, at this tyme, mend the same to elyde the Erle of Argyles complaint now presented to the articles. And in so far as concernis Sir Donald Gorme, the Erle of Argyle referred the complaint exhibited be him to the said Sir Donald, his aith and promeist to give in his interrogatours thairanent the morne.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.15(b) r-15(b) v. Back
  2. Written in the margin 'The report gevin to the thesaurare depute'. Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.15(b) v. Back
  4. 'as is extant in the proces', deleted. Back