At Holyroodhouse, 7 August 1630

Legislation: ratification
Ratification of two acts of the commission for the teinds

The estates presently convened ratify, allow and approve the two acts underwritten made upon 6 August 1630 by the commissioners nominated by the king's majesty for the treaty regarding the erections, surrenders and teinds, the one thereof regarding the party or parties, titulars or heritors, who have not subscribed the general submissions made to his majesty, and the other regarding the security to be given by the heritors who are willing to pay to their titulars and tacksmen of their teinds the valued teind thereof in victual, silver or other kind, in all and sundry points, clauses and articles contained in the said two acts, and after the form and tenor of the same in all points, of the which two acts the tenor follows:

The which day the commissioners nominated by the king's majesty for the surrenders and teinds have found, declared and ordained and, by the tenor of this present act, find, declare and ordain that where any party or parties, titulars or heritors, who have not subscribed the general submissions made to his majesty and notwithstanding have compeared before the said commissioners or before the sub-commissioners and acknowledged the judgement by pursuit or defence and have not declined the judgement nor appealed therefrom, that every such party, titular or heritor, shall be reputed and held as submitters and subscribers of the said general submission and process shall be granted for or against them as if they had subscribed the said general submission.

Item, the commissioners ordain that where the heritors are willing to pay to their titulars and tacksmen of their teind the valued teind thereof in victual, silver or other kind, accordingly as they are valued before the great commission or sub-commissioners, that they shall give a real security by charter or sasine out of their lands to the said titular and tacksmen for payment of the said valued rent of teind in victual, silver or other kind before they be deprived either of right or possession of the same.

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  5. Defined in DSL as the distance out to sea at which land can still be seen. Back
  6. NAS, PC1/34, f.18r. Back
  7. Defined in DSL as the distance out to sea at which land can still be seen. Back
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Procedure: protest

The which day John [Guthrie], bishop of Moray protested that the ratification passed this day by the estates ratifying the act of the commission for the surrenders and teinds regarding such persons, titulars or heritors, who have not subscribed the general submissions shall not be prejudicial to the clergy and ministry of the kingdom.

  1. NAS, PC1/34, f.17v. Back
  2. NAS, PC1/34, f.17v. Back
  3. NAS, PC1/34, f.17v-18r. Back
  4. NAS, PC1/34, f.18r. Back
  5. Defined in DSL as the distance out to sea at which land can still be seen. Back
  6. NAS, PC1/34, f.18r. Back
  7. Defined in DSL as the distance out to sea at which land can still be seen. Back
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Procedure: commission's report
Report of the committee regarding the articles for the fishing

The which day, the committee nominated by the estates for the fishing reported to the public meeting that they having met and conferred upon the articles and instructions sent down by his majesty concerning the fishing, they found the association with England to be very inconvenient to the estate. And touching the land fishing, which consists in fishing within lochs and isles and 28 miles from the land coast and which is proper to the natives and whereof they have been in continual possession and never interrupted therein by the Hollanders, the burghs were able and, accordingly, were content to undertake the said land fishing by themselves without communicating therein with any other nation, providing they be allowed to set down their plantations in commodious and opportune places for following out of the fishing. And concerning the bush fishing, that the season thereof for this year was already spent, and the matter being of great importance required a competent time to be advised therewith.

It being demanded if Englishmen being permitted by his majesty to fish in the lochs might bring their fishes to free ports and sell them to the lieges, it was answered that they may not by the laws of the kingdom.

  1. NAS, PC1/34, f.17v. Back
  2. NAS, PC1/34, f.17v. Back
  3. NAS, PC1/34, f.17v-18r. Back
  4. NAS, PC1/34, f.18r. Back
  5. Defined in DSL as the distance out to sea at which land can still be seen. Back
  6. NAS, PC1/34, f.18r. Back
  7. Defined in DSL as the distance out to sea at which land can still be seen. Back
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Procedure

The estates ordain the committee for the fishing to meet at 2 o'clock in the afternoon and to confer, reason and report their resolution to the public meeting at 3 o'clock in the afternoon if they will enter in an association with the English for undertaking the common fishing indistinctly without exception, or if they will join therein with reservation of the land fishing within the lochs, isles and land-kenning from the coast, or if they will absolutely refuse the association; and that they set down the reasons of their desires or refusal to be considered by the table.

  1. NAS, PC1/34, f.17v. Back
  2. NAS, PC1/34, f.17v. Back
  3. NAS, PC1/34, f.17v-18r. Back
  4. NAS, PC1/34, f.18r. Back
  5. Defined in DSL as the distance out to sea at which land can still be seen. Back
  6. NAS, PC1/34, f.18r. Back
  7. Defined in DSL as the distance out to sea at which land can still be seen. Back
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On the same day in the afternoon

Procedure: declaration

The which day the burghs declared that they were willing to undertake the land fishing within the lochs, isles and land-kenning from the coast, providing that they be allowed to set down their plantations in such commodious places as are most opportune for following out of the fishing; but regarding the bush fishing, they declared it concerned the whole body of the estates.

  1. NAS, PC1/34, f.17v. Back
  2. NAS, PC1/34, f.17v. Back
  3. NAS, PC1/34, f.17v-18r. Back
  4. NAS, PC1/34, f.18r. Back
  5. Defined in DSL as the distance out to sea at which land can still be seen. Back
  6. NAS, PC1/34, f.18r. Back
  7. Defined in DSL as the distance out to sea at which land can still be seen. Back
  8. NAS, PC1/34, f.18r. Back
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Procedure: renewal of commission
Nomination of new commissioners regarding the treaty of the fishing

The estates ordain the first commission made by them regarding the treaty of the common fishing to be renewed to the commissioners therein mentioned, and ordain them to attend upon his majesty's council and to give their first appearance upon the first council day of November for that errand. The commissioners underwritten, they are to say: [John Leslie], earl of Rothes, [James Erskine, earl of] Buchan and [John Stewart, earl of] Carrick, [Andrew Gray], lord Gray, [James Ross, lord] Ross, [John Campbell, lord] Loudoun and [John Elphinstone, lord] Balmerino, [John Guthrie], bishop of Moray and [John Leslie, bishop of] the Isles, Sir Robert Gordon [of Gordonstoun], the lairds [Sir Alexander Strachan] of Thornton, [James Lyon of] Auldbar, [Alexander Erskine of] Dun, [John Haldane of] Gleneagles, [Sir James Lockhart of] Lee, younger, [Thomas Erskine of] Pittodrie, [John Boyle of] Kelburn, John Erskine of Balgonie, Alexander Clerk [of Stenton and Pittencrieff], James Guthrie, Thomas Haliburton, Paul Menzies [of Kinmundy], John Cowan, Master John Hay, Master Alexander Guthrie, Gabriel Cunningham, James Watson and Robert Alexander, being personally present, are warned in the acts; and ordain missives to be written to the remaining commissioners willing them to keep the diet foresaid precisely.

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  3. NAS, PC1/34, f.17v-18r. Back
  4. NAS, PC1/34, f.18r. Back
  5. Defined in DSL as the distance out to sea at which land can still be seen. Back
  6. NAS, PC1/34, f.18r. Back
  7. Defined in DSL as the distance out to sea at which land can still be seen. Back
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  10. NAS, PC1/34, f.18r-v. Back
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Procedure: refusal of petition
William Ramsay's petition refused

Regarding the petition preferred to his majesty by William Ramsay and remitted by his majesty to the lords of his majesty's privy council, and by them referred to the consideration of the estates touching the impost craved by the said William Ramsay to be imposed upon every tun of goods exported or imported in strangers' ships, the estates find the said petition to be most unreasonable and refuse the desire thereof as a purpose not fitting to be granted nor allowed.

  1. NAS, PC1/34, f.17v. Back
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  3. NAS, PC1/34, f.17v-18r. Back
  4. NAS, PC1/34, f.18r. Back
  5. Defined in DSL as the distance out to sea at which land can still be seen. Back
  6. NAS, PC1/34, f.18r. Back
  7. Defined in DSL as the distance out to sea at which land can still be seen. Back
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  10. NAS, PC1/34, f.18r-v. Back
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  12. NAS, PC1/34, f.19r. Back
Letter: king's letter to the estates
Regarding the King's Calsay in Cowiemonth

The which day the missive letter underwritten, signed by the king's majesty and directed to the estates presently convened, was presented to the said estates and read in their audience, of the which the tenor follows:

Charles Rex, right trusty and right well-beloved cousin and councillor, right trusty and well-beloved cousins and councillors, right trusty and well-beloved councillors and right trusty and trusty and well-beloved, we greet you well. Whereas we have been humbly moved in behalf of our trusty and well-beloved Robert Buchan that either some monies might be levied from all such persons there as would willingly contribute to the repairing and upholding of the way called the King's Calsay in Cowiemonth (being the ordinary road from the north to the south parts of that our kingdom), or if any lands can be found to have been formerly appropriated for upholding thereof that the rents of the same may be converted to that use, the intention seeming to tend to a public good, many persons being much troubled (as we are informed) in their passage by decay of that way; we have been the rather pleased to take notice of this purpose and to recommend it to you that if you find the passage fit to be helped you consider of the expediency of the demands, and if any of them (thought most fit by you) can be lawfully and conveniently granted, that by that means you give order to proceed in such manner as by you shall be thought most fit and requisite to be prescribed for the repairing and upholding that way hereafter. And if any motion or expedient shall be proposed to you by the said Robert touching this purpose, we are willing (that if you find the same fitting to be granted) that you give way thereto in regard of his earnestness to see that work effected, whereof (in respect as we are informed of the nearness of his dwelling to that passage) we think fit that he have the charge. Which recommending to your care, we bid you farewell. From our court at Whitehall, 28 June 1630.

Which missive being heard and considered by the said estates, and they well advised therewith, the estates give commission and warrant by this commission to the justices of peace within the sheriffdoms of Aberdeen and Kincardine and the provost and bailies of Aberdeen to consider, try and inform themselves by the best way and means they can of the charges and expenses which the mending of the said way called the King's Calsay in Cowiemonth will necessarily require, and to report to the lords of his majesty's privy council their opinion relating thereto to the intent order may be taken how and by whom the monies shall be advanced and the work perfected.

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  3. NAS, PC1/34, f.17v-18r. Back
  4. NAS, PC1/34, f.18r. Back
  5. Defined in DSL as the distance out to sea at which land can still be seen. Back
  6. NAS, PC1/34, f.18r. Back
  7. Defined in DSL as the distance out to sea at which land can still be seen. Back
  8. NAS, PC1/34, f.18r. Back
  9. NAS, PC1/34, f.18r. Back
  10. NAS, PC1/34, f.18r-v. Back
  11. NAS, PC1/34, f.18v. Back
  12. NAS, PC1/34, f.19r. Back
Procedure: commission
Nomination of commissioners for the laws

The which day the commissioners for the barons nominated the lords [Sir James MacGill of] Cranstoun-Riddel, [Sir James Learmonth of] Balcomie, [Sir George Auchinleck of] Balmanno, [Sir Robert Spottiswood of] New Abbey, [Sir George Haliburton of] Fodderance and [Sir Andrew Fletcher of] Innerpeffer, the lairds [Sir Patrick Hepburn] of Waughton, [Sir James Foulis of] Colinton, [John Boyle of] Kelburn, [William Cunningham of] Caprington, [Alexander Erskine of] Dun, [Master James Durham, younger], constable of Dundee, Sir Robert Gordon [of Gordonstoun], Sir John Hamilton of Lettrick, the sheriff of Teviotdale, the lairds [Sir Alexander Strachan] of Thornton, [Sir James Lockhart of] Lee, [Thomas Erskine of] Pittodrie, [Thomas Crombie of] Kemnay and John Gordon of Buckie to be adjoined to the commission for surveying of the laws.

The which day the burghs nominated Alexander Clerk [of Stenton and Pittencrieff], Master James Cockburn, Master Alexander Guthrie, John MacKieson and John Cowan to be adjoined to the said commission.

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  3. NAS, PC1/34, f.17v-18r. Back
  4. NAS, PC1/34, f.18r. Back
  5. Defined in DSL as the distance out to sea at which land can still be seen. Back
  6. NAS, PC1/34, f.18r. Back
  7. Defined in DSL as the distance out to sea at which land can still be seen. Back
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Procedure: ordinance by the estates
Act regarding the matter of the process of tanning

The estates, after consideration that the matter of the process of tanning had the beginning from the parliament and was prosecuted and followed out by John [Erskine], lord Erskine, undertaker of that work, by warrants and directions from the lords of privy council, he having brought in a number of strangers and held them here a long time upon his proper charges and expenses for instructing the country people in the right form of tanning; and whereas now the patent granted to the said lord has been complained upon as a grievance to the estates and as a burden which the tanners are not able to underlie, therefore the said estates ordain letters to be directed charging the sheriffs of the shires and the provosts and bailies within burghs, every one of them within their own bounds, to convene before them all the tanners and merchant importers of foreign leather, and to deal and deliberate with them what satisfaction they will give to the said Lord Erskine in acknowledgement of his pains and charges in that service, and to report to the lords of privy council what every shire or burgh will do therein upon the first council day of November next.

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  3. NAS, PC1/34, f.17v-18r. Back
  4. NAS, PC1/34, f.18r. Back
  5. Defined in DSL as the distance out to sea at which land can still be seen. Back
  6. NAS, PC1/34, f.18r. Back
  7. Defined in DSL as the distance out to sea at which land can still be seen. Back
  8. NAS, PC1/34, f.18r. Back
  9. NAS, PC1/34, f.18r. Back
  10. NAS, PC1/34, f.18r-v. Back
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  12. NAS, PC1/34, f.19r. Back