26 September 1639

[Consideration of act continued; act regarding the patent of armoury approved]

[Alexander Livingstone], earl of Linlithgow, being heard for the admiral upon the article presented by the burghs for discharging the casting out of ballast above Queensferry, the act given to John Smith [of Grotehill] to be advised, in respect the admiral alleged that the power of oversight and nomination of any persons for that effect and uplifting the fines belongs properly to the admiral.

Act regarding the discharge of the patent of armoury granted to Henry Mauld, the lyon king at arms, being heard thereupon, read, voted and passed in articles for discharging the act for bygones. And to the effect that same course may be taken hereafter for distinguishing arms and taking notice thereof, appoint the lyon king at arms to do diligence for examining and matriculating all arms and to represent the same to the lords of secret council, that they may take some course for discharging the lieges thereafter to transgress that order which shall be taken by the council under such pain only as the council shall then determine. For the which pain only, ordain the patent to stand from that time forth during the space contained therein.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.11(a) r. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.11(a) r-11(a) v. Back
[Supplication and patent given out for further consultation]

The supplication presented by the coalmasters against the conservator given to Walter Cant to see and be advised until tomorrow.

The patent regarding the pearl delivered to [Master Alexander Jaffray of Kingswells], provost of Aberdeen, that he may show tomorrow wherein he desires the same to be rectified.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.11(a) r. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.11(a) r-11(a) v. Back

On the same day in the afternoon

[Supplication remitted to the judge ordinary; additional act regarding the constitution of parliament presented; protest against]

[Edward Hamilton], laird of Silvertonhill's supplication remitted to the judge ordinary.

[John Campbell], lord Loudoun, with some noblemen, barons and burgesses, in name of the remainder of their number, desired that the article formerly given in regarding the constitution of parliaments in time coming may be redelivered back again, and next produced a new act and frame of article and desired answer thereto, and that the same should be read and voted in articles. Thereafter produced a protestation in writing, bearing that they part from the article as it was produced and disclaimed the reference written upon it, and protested that the same be not presented to the parliament, but that the article given in this day for constitution of parliaments may be read and either allowed or disallowed in articles as it stands; and in case the same be not granted or allowed, that the same be heard in plain parliament with their protestation, and thereupon asked instruments. And [Sir Thomas Hope of Craighall], his majesty's advocate, in name of his majesty and [John Stewart, earl of Traquair], his commissioner's grace, protested in the contrary and that the article formerly produced and voted be only presented in parliament.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.11(a) r. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.11(a) r-11(a) v. Back
[Commissions approved; patent for the pearl discharged; act approved; noble membership of commission for manufactories to be decided]

Commission for trying the plundering committed in the barony of Tannadice read, voted and passed in articles.

Commission for manufactories read, voted and passed in articles.

Article regarding the discharge of the patent of pearl read, voted and passed in articles in manner following: that it shall be lawful to all persons to fish pearls in all waters of this kingdom, and to sell the same to whatsoever person they please, and none to be prohibited or restrained by the said patent; and the time of fishing to be June, July and August; and all the power of holding courts and punishing the contraveners of the patent, discharged. And an act to be made hereupon.

The act regarding the vassals of small portions of land, ordaining their sasine to be taken upon a precept to be contained in the signature only to be registered in the treasurer's register, or otherwise in the option of the party upon a precept under the quarter seal forth of the chancellery, passed in articles to be presented to the parliament, together with the opinion and judgement of some lords of session and lawyers relating thereto.

Memorandum, the noblemen promised to condescend upon the names of their 12 who are to be inserted in the commission for the manufactories tomorrow.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.11(a) r. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.11(a) r-11(a) v. Back