11 September 1639

[The Large Declaration debated and supplication against recommended to the lord commissioner]

Regarding the supplication presented by the assembly against the book called The Large Declaration, whereof Doctor [Walter] Balcanquall is challenged to be one of the authors, [John Stewart, earl of Traquair], the commissioner, represented that it is not expedient that this supplication be presented in a parliamentary way because it tends to the renewing of the remembrance of these troubles and the causes thereof, which have heretofore vexed this kingdom and are now to be buried in oblivion. And seeing the said book bears inscription of his sacred majesty's name, which he will not disclaim, it ought to be handled with more reverence than to be challenged in a public way, which evidently rubs with his majesty's honour and can produce no better effect than an answer to all assertions contrary to what is averred in the book, and will frustrate the petitioners of their intended end. And therefore the commissioner general desired that if the petitioners will go on in this supplication, they should do the same in that quiet humble way which may not infringe upon his majesty, but will most readily satisfy his majesty, which ought to be their first and main desire.

[Archibald Campbell], earl of Argyll and [John Leslie, earl of] Rothes answered that the said book contains so many untruths, and is so dishonourable to his majesty and this whole nation, and is so public and dispersed through all the world, of purpose to incense neighbour nations, and specially England, against us, and to possess them with prejudices against their proceedings, and therefore the petitions ought to be presented in a public parliamentary way, which being legal and humble cannot in reason offend his gracious majesty. The commissioner general answered that the public way will rather oblige his majesty to vindicate his honour by an answer for maintaining that book than procure any satisfaction from his majesty, because the king must either maintain that book, if it be challenged by a public way, or else acknowledge that he took arms upon unwarrantable grounds and false information, which is so dishonourable that no good subject can desire or expect the same. And now at this time it is unfit to renew the memory of what is past upon either side, but they are to be covered by an act of oblivion.

The estates of parliament being petitioned by the assembly to join with them in supplicating his majesty against a book entitled, A Large Declaration (which supplication is registered in the books of the assembly), the estates humbly recommend the same to the commissioner general to be presented to his majesty for obtaining graciously the desire of the said supplication; and ordain this to be enacted in parliament in these same words and no other way.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) v-5(b) v. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.5(b) v-6(b) r. Back
  3. This act is also recorded under 12 September, but deleted by the clerk. Back
[Acts read and approved; subcommittee for idle beggars to present overtures the following day]

Act against drunkenness read, voted and passed in articles.

Act against blasphemy read, voted and passed in articles.

The committee for idle beggars etc. promised to give in their overtures in writing tomorrow.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) v-5(b) v. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.5(b) v-6(b) r. Back
  3. This act is also recorded under 12 September, but deleted by the clerk. Back
[Supplication remitted to commission for plantation of kirks; supplication approved; acts against papists and Jesuits ordered to be revised]

The supplication presented by the assembly craving an act to be made giving power to ministers, elders and members of every presbytery to stent the parishioners for the expenses to the commissioners of the assembly, the lords of the articles remit the same to the commission to be granted for plantation of kirks and augmentation of stipends, and this article to be added to the commission that they may take some course, either by augmentation of each minister's stipend for such a sum as shall be thought a competent allowance to the commissioners for assemblies or otherwise as they shall think more expedient, and that the course to be taken have place for the last assembly.

The supplication from the assembly craving a civil sanction for prohibition of marriage in England to all Scots people, indwellers in Scotland, read, voted and passed in articles, under the pain of 20 merks for a yeoman servant and £40 for a yeoman master and of all others, the sixth part of their yearly rents or annualrents to be paid to the church session where they dwell, to be applied to the use of the poor.

The article regarding the reviving of the acts of parliament against papists and Jesuits committed to [Sir Thomas Hope of Craighall], advocate, and [James Lyon of] Auldbar, with some to revise the particular acts of parliament mentioned therein again after noon.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) v-5(b) v. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.5(b) v-6(b) r. Back
  3. This act is also recorded under 12 September, but deleted by the clerk. Back

11 September 1639

After noon

[Act approved; market days amended; supplication remitted to the king as business proper to the general assembly]

The act ordaining all hornings, apprisings, inhibitions etc. to be now executed at the market cross of Nether Ancrum against all persons dwelling in Ancrum, Lilliesleaf and Eskirk within the regality of Glasgow, read, voted and passed in articles.

Memorandum to show the same to [John Stewart, earl of Traquair], lord commissioner.

The markets upon Jedburgh, which was appointed formerly upon Monday, to be upon Tuesday, and for Dumfries upon Wednesday, and Patrick Bell produced the particular note of the merchandise which are discharged to be sold upon Monday in the said town. And John Smith [of Grotehill] promised to produce the note for Edinburgh and discharges all unfreemen their work in general upon Monday in Edinburgh and appoints the market thereof upon the Wednesday. And discharges the market day of Monday in Brechin and appoints the same to be upon Wednesday.

Regarding the supplication presented by the town of Montrose for provision of their kirk, the lord commissioner general and lords of articles think it expedient that the said supplication be recommended from them to the lord commissioner general to be represented by him to his majesty, and that no other record be made hereof in parliament.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) v-5(b) v. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.5(b) v-6(b) r. Back
  3. This act is also recorded under 12 September, but deleted by the clerk. Back
[Supplication remitted to the lords of session; supplication remitted to commission for plantation of kirks]

Regarding the supplication complaining upon the receiving of irresponsible cautions in suspensions and for releasing arrestments, appointed to be shown to the lords of session who are presently in town, that they may be advised therewith and be heard thereupon.

Regarding the supplication presented by the minister of Denny for disjoining the same from the church of Falkirk and erecting the same into a separate parish, [John Stewart, earl of Traquair], lord commissioner general, and articles refer the same to the commission to be appointed for plantation of kirks.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) v-5(b) v. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.5(b) v-6(b) r. Back
  3. This act is also recorded under 12 September, but deleted by the clerk. Back
[Act ratified and related supplication recommended to the king; act approved]

Regarding the article given in against protections, [John Stewart, earl of Traquair], lord commissioner general, and articles appoint the two acts of parliament of 1587 and 1633 to be renewed and ratified with this addition: that the certification of the act 1633, which is only against the lords of session, be now renewed against the lords of secret council. And to the effect his majesty may be acquainted herewith and humbly entreated hereafter to grant no protections, the lord commissioner general is entreated by the lords of the articles to represent the same to his majesty with the whole reasons moving the estates to renew the acts above-written, but that the renewing of the acts be only recorded in parliament and the supplication to be represented to his majesty by the commissioner be not recorded in the books of parliament.

Act against papists and excommunicated persons read, voted and passed in parliament.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) v-5(b) v. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.5(b) v-6(b) r. Back
  3. This act is also recorded under 12 September, but deleted by the clerk. Back
[Act remitted to commission for plantation of kirks; supplication in favour of the director of the chancellery remitted to subcommittee; supplication remitted to the king as business proper to the general assembly]

Act regarding the ratification of the decreet given by the commissioners of parliament for erection of the parish kirk of Anwoth and dismembering the same from the kirks of Kirkmabreck and Kirkdale, referred to the commission to be granted for plantation of kirks and augmentation of stipends.

Regarding the supplication given in by [Sir John Scott of Scotstarvit], director of the chancellery, craving to be declared an officer of state, appoints [John Maitland], earl of Lauderdale and [David Carnegie, earl of] Southesk, [Sir Patrick Hepburn], laird of Waughton and [James Lyon of] Auldbar, [Patrick Bell], provost of Glasgow, and Master Robert Barclay to peruse the said supplication and the whole rights and grounds whereupon the same proceeds, and report the same tomorrow.

Regarding the supplication presented by Patrick Bell, in name of the burgh of Glasgow, craving that the estate of the church of Glasgow may be represented to his majesty by [John Stewart, earl of Traquair], lord commissioner, the same is recommended to the commissioner general to be represented to his majesty, but no act of parliament to pass hereupon.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) v-5(b) v. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.5(b) v-6(b) r. Back
  3. This act is also recorded under 12 September, but deleted by the clerk. Back
[Article and act remitted to commission for plantation of kirks; acts approved]

Regarding the article presented by the assembly and supplication by Master George Summer, craving the parsonage of Meigle to be dissolved from the bishopric of Dunkeld etc., [John Stewart, earl of Traquair], lord commissioner general, and lords of articles refer the same to the commission to be granted for augmentation of ministers' stipends and plantation of kirks etc.

Act erecting the church of Elie into a separate parish kirk read, voted and passed in articles.

Act regarding the erection of the kirk of Anstruther Easter into a parish kirk read, voted and passed in articles.

The act upon the reference from the assembly, desiring the kirk of Carsfernie to be erected into a parish kirk and dismembered from Dalry, the lord commissioner general and lords of the articles refer the same to the commission to be granted for augmentation of ministers' stipends and plantation of kirks.

The act upon the reference from the assembly desiring the lands of Glenlyon to be dismembered from the church of Fartrahill and erected into a separate parish kirk, the lord commissioner general and lords of articles refer the same to the commission to be granted for augmentation of ministers' stipends and plantation of kirks.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) v-5(b) v. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.5(b) v-6(b) r. Back
  3. This act is also recorded under 12 September, but deleted by the clerk. Back
[Supplication remitted to the king as business proper to the general assembly; supplication ordered to be further expanded]

Regarding the supplication presented by the provost and bailies of the Chanonry of Ross upon supplication from the assembly, craving the said kirk to be erected into a parish, [John Stewart, earl of Traquair], lord commissioner general, and lords of articles think expedient that the same be recommended to the lord commissioner general to be represented to his majesty as proceeding from the assembly, but no act nor record in parliament to be made hereupon.

Regarding the supplication presented against [George Gordon], marquis of Huntly and the highlanders, appoints the supplicants to condescend upon the time of the facts therein mentioned, that the same may be done since the pacification, otherwise the lord commissioner general refuses to acknowledge the said supplication or give answer thereto.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) v-5(b) v. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.5(b) v-6(b) r. Back
  3. This act is also recorded under 12 September, but deleted by the clerk. Back
[Supplications remitted to the commission for plantation of kirks; act regarding linen cloth approved; act regarding freemen of burghs to be further considered]

Supplication from the assembly craving the kirk of Fern to be erected into a parish kirk, referred by [John Stewart, earl of Traquair], lord commissioner's grace, and lords of articles to the commission to be granted for plantation of kirks.

Supplication presented by the minister of Auchtertool craving augmentation of his stipend, referred by the commissioner general and lords of articles to the commission to be granted for augmentation of ministers' stipends.

Act discharging the bleaching of linen cloth with lime, and commanding all linen cloth at 10s the ell to be ell broad, and all linen under that price to be three quarters ell broad, read, voted and passed in articles to begin at Whitsunday [24 May] next.

The article craving an act to be made according to prior acts of parliament prohibiting freemen of the burghs to be partners with unfreemen and unfree strangers, redelivered to John Smith [of Grotehill] that he may be advised and condescend upon the particular acts which he craves to be ratified by the said articles; and appoints him to advertise two barons for the north, two barons for the west and two barons for the mid shires, that they may be acquainted with the said article and advised therewith.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.5(a) v-5(b) v. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.5(b) v-6(b) r. Back
  3. This act is also recorded under 12 September, but deleted by the clerk. Back