17 September 1639

[Supplication read and James Gordon cited before the justice; acts regarding the constitution of parliament ordered to be drawn up separately; reservation subjoined to article ratifying the covenant deleted]

The supplication presented by [James Crichton of] Frendraught, craving that the caution found for presenting James Gordon before [Sir William Elphinstone], justice, may be under a great pain, seeing he is apprehended and incarcerated for murder, burning of barnyards and treason; [John Stewart, earl of Traquair], lord commissioner general, with consent of the articles, modifies 2,000 merks and appoints 6 November for the day of compearance.

It is agreed that the act regarding the establishing of this parliament to be a perfect judicatory, the act abolishing episcopacy and the civil power of churchmen and the act regarding constitution of parliaments in all time coming be drawn up in three separate acts.

The reservation subjoined to the article ratifying the covenant, whereby it is reserved to the commissioner general whatsoever he shall declare in face of parliament, is appointed to be deleted, and accordingly was publicly deleted in presence of the articles, and that in respect it was acknowledged by the whole number that his general, present at the voting of articles, could not make any explanation.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.7(b) r. Back
  2. A draft of this minute has been written above this clause and deleted, as follows: 'It is agreed that the act of estates of this parliament and the [illegible] in all time coming and the act of abolition of episcopacy shall be drawn up in three acts, but all the frames shall be considered and agreed upon before any of them be voted.' Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.7(b) r-8(a) r. Back
  4. 'The act drawn up by [Sir Thomas Hope of Craighall], advocate, for abolition of episcopacy', deleted. Back
  5. 'barons and', deleted. Back
  6. 'under the pain of [illegible] to his majesty', deleted.. Back

On the same day in the afternoon

[Supplication recommended to the king; act submitted by advocate remitted to certain members; ratification approved]

The supplication presented by [Sir John Scott of Scotstarvit], director of the chancellery, craving to be declared an officer of state, recommends the same to [John Stewart, earl of Traquair], commissioner general, to be represented to his majesty with the whole reasons adduced by the director of the chancellery for inferring his desire.

[Deleted clause]

The act given in by the advocate was remitted to [John Leslie], earl of Rothes, [Archibald Campbell, earl of] Argyll, [David Carnegie, earl of] Southesk, [Sir John Hamilton of Orbiston], justice clerk, and [Sir Thomas Hope of Craighall], advocate, to be considered until the next morning.

Ratification of the act of council regarding the sale of yarn or worsted read, voted and passed in articles.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.7(b) r. Back
  2. A draft of this minute has been written above this clause and deleted, as follows: 'It is agreed that the act of estates of this parliament and the [illegible] in all time coming and the act of abolition of episcopacy shall be drawn up in three acts, but all the frames shall be considered and agreed upon before any of them be voted.' Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.7(b) r-8(a) r. Back
  4. 'The act drawn up by [Sir Thomas Hope of Craighall], advocate, for abolition of episcopacy', deleted. Back
  5. 'barons and', deleted. Back
  6. 'under the pain of [illegible] to his majesty', deleted.. Back
[Supplications regarding the disorders in the north remitted to subcommittee; article for augmentation of customs and tobacco patent to be further considered]

Regarding the supplications presented by the noblemen and gentlemen for the redress of the disorders of the north and restitution of the goods taken, [John Stewart, earl of Traquair], lord commissioner general, and articles nominate [John Maitland], earl of Lauderdale, [David Carnegie, earl of] Southesk, [William Graham], earl of Airth, [John Drummond, earl of] Perth, [Alexander Livingstone, earl of] Linlithgow, [Archibald Napier, lord] Napier, [Robert Balfour, lord Balfour of] Burleigh, [Sir Robert Grierson of] Lag, [Sir Robert Innes of] Innes, [Sir William Douglas of Cavers], sheriff of Teviotdale, [Sir John Home of] Blackadder, [Sir Thomas Myreton of] Cambo, Master George Gray, Master Robert Cunningham, Robert Keith [of Powburn and Brydistoune] and [Master Alexander Jaffray of Kingswells], commissioner for Aberdeen, to consider the supplications and hear the parties and report after meeting. And [George Gordon], marquis of Huntly to have the supplications this night, that he may be ready to answer at meeting. According to which six supplications were delivered to the marquis, personally present.

Regarding the article presented by the burghs concerning the augmentation of customs, appoints the barons and burghs to speak with the commissioner general before the same be presented again to the articles.

And likewise the barons and burghs to speak with his grace regarding the patent of tobacco.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.7(b) r. Back
  2. A draft of this minute has been written above this clause and deleted, as follows: 'It is agreed that the act of estates of this parliament and the [illegible] in all time coming and the act of abolition of episcopacy shall be drawn up in three acts, but all the frames shall be considered and agreed upon before any of them be voted.' Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.7(b) r-8(a) r. Back
  4. 'The act drawn up by [Sir Thomas Hope of Craighall], advocate, for abolition of episcopacy', deleted. Back
  5. 'barons and', deleted. Back
  6. 'under the pain of [illegible] to his majesty', deleted.. Back
[Supplications regarding tanning of leather remitted to subcommittee; article regarding patent of the armoury continued]

The article and supplication regarding tanning of leather, [John Stewart, earl of Traquair], commissioner general, and lords of articles, for preparing the business, nominate [John Wemyss], earl of Wemyss, [Robert Balfour], lord [Balfour of] Burleigh, [Sir David Home of] Wedderburn, [Sir William Cunningham of] Cunninghamhead, [John Lepar, commissioner for] St Andrews and provost of Selkirk to hear the parties' proceedings and to report, to meet tomorrow at 10 o'clock in the lower tolbooth. In the meantime, the supplication by the tanners and article by the burghs given to [John Erskine], earl of Mar to see.

Regarding the article craving the discharge of the patent granted to Henry Mauld of the armoury, continues the same until the lyon be heard.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.7(b) r. Back
  2. A draft of this minute has been written above this clause and deleted, as follows: 'It is agreed that the act of estates of this parliament and the [illegible] in all time coming and the act of abolition of episcopacy shall be drawn up in three acts, but all the frames shall be considered and agreed upon before any of them be voted.' Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.7(b) r-8(a) r. Back
  4. 'The act drawn up by [Sir Thomas Hope of Craighall], advocate, for abolition of episcopacy', deleted. Back
  5. 'barons and', deleted. Back
  6. 'under the pain of [illegible] to his majesty', deleted.. Back
[Act against unlawful killing of wildfowl and hares; patent of pearling discharged]

To make an act discharging fowlers to fowl in other men's bounds with dogs, nets or any engine under the pain of [...], and discharging the slaying of hares in snow or with nets etc., which [Sir William Douglas of Cavers], sheriff of Teviotdale, promised to enforce.

The article against Master Melville's patent of pearling, together with Master Melville's supplication for ratification of his patent, being considered with his reasons exhibited by himself in writing, [John Stewart, earl of Traquair], lord commissioner general, and articles allow the article presented by the burghs for discharging the said patent and therefore the same read, voted and passed in articles; and ordain the importation of foreign pearling to be dischargedand the act of parliament relating thereto of 1621 to be renewed.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.7(b) r. Back
  2. A draft of this minute has been written above this clause and deleted, as follows: 'It is agreed that the act of estates of this parliament and the [illegible] in all time coming and the act of abolition of episcopacy shall be drawn up in three acts, but all the frames shall be considered and agreed upon before any of them be voted.' Back
  3. NAS, PA6/3, 'August 31-October 22 1639', f.7(b) r-8(a) r. Back
  4. 'The act drawn up by [Sir Thomas Hope of Craighall], advocate, for abolition of episcopacy', deleted. Back
  5. 'barons and', deleted. Back
  6. 'under the pain of [illegible] to his majesty', deleted.. Back