28 September 1639

[Business regarding the book of rates; subcommittee appointed for the visitation of the University of St Andrews; overtures submitted against the act for small vassals]

The lords of articles desire [John Leslie], earl of Rothes to associate to himself some of each estate whom he pleases for perusing the act of parliament regarding the blue book of rates, with the commission granted by parliament to the council for [Sir John Scott of Scotstarvit], director of the chancellery, and act of council following thereupon, and to inform themselves of the abuses committed by the transgressors of that act and the most expedient ways of remedy.

The supplication presented by the commissioners of the assembly, craving a visitation of the University of St Andrews and that some course may be taken for supply of their necessity and remedying the disorders and defects which are in the same, appoints [John Maitland], earl of Lauderdale, [David Carnegie, earl of] Southesk, Rothes, [James Graham, earl of] Montrose, [John Lindsay, earl of] Lindsay, [James Lyon of] Auldbar, [Sir Robert Innes of] Innes and Master Robert Barclay to inform themselves by all probable ways with all possible diligence of the estate of the college and University of St Andrews, both regarding the means, estate, foundation, disorders and all things requisite, and to report the same to the articles, that they may supplicate his majesty according to the supplication presented, which was given to Auldbar.

Sir John Scott produced certain articles and reasons against the act which is passed in articles regarding the vassals of small portions of lands and protested that the same be exhibited and read in face of parliament.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.11(b) r-11(b) v. Back
[Commission granted for restitution of goods taken unlawfully since the pacification; act delivered to the king's advocate for further consideration]

The supplication presented by [Sir Gilbert Ramsay], laird of Balmain, Margaret Barclay and James Wood of Balbegno craving restitution of the goods taken from him since the pacification by some persons specially mentioned therein, who are libelled to be tenants to [George Gordon], marquis of Huntly. The Marquis of Huntly acted and bound himself for restitution of all goods taken by his sons or tenants or servants for whom he may be liable in law. Grants commission to [William Keith], earl Marischal and [David Carnegie, earl of] Southesk, [James Ogilvie], earl of Findlater, [James Lyon], laird of Auldbar, [Sir Alexander Erskine of] Dun, [Sir Alexander Irvine of] Drum and [Thomas Crombie of] Kemnay to meet at Drumlithie on 7 November, with power to appoint any others, with power to hear both parties' claims, defences and answer, and to take probation by witnesses or otherwise, and to determine and give decreet. And appoints the Laird of Balmain to give a roll to the Marquis of Huntly between now and 15 October next of all those complained upon by him, for which persons for whom he may be liable the marquis shall exhibit before the commissioners foresaid, or otherwise probation shall be deduced against them as if they had been summoned.

And the commission of the like nature to be granted for the wrong done to the Earl Marischal, Southesk, [Sir David Lindsay], laird of Edzell or their tenants or any other gentlemen of the country to such persons as shall be agreed upon; for which effect the marquis promised to nominate eight, and the marischal to nominate eight, that the articles may choose a competent number out of the same.

Act regarding the exhibition of registers before the parliament delivered to [Sir Thomas Hope of Craighall], king's advocate, that he and Master William Hay may speak relating thereto to [John Stewart, earl of Traquair], the commissioner's grace.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.11(b) r-11(b) v. Back
[Act to be recommended to the king; acts ordered to be seen by the burghs; acts continued; act approved]

Act craving that no remission may be granted for murder, theft etc. without satisfaction to the party, appoints the heavy prejudices redounding to the country by the remissions purchased through misinformation to his majesty to be drawn up with a supplication craving the effect of this act, and produced by the barons to [John Stewart, earl of Traquair], the commissioner's grace, that he may humbly represent the same to his majesty and supplicate his majesty relating thereto, and also regarding the discharge of precognitions in crimes.

Act regarding the change of the terms, ordained to be seen by the burghs.

Act regarding the change of the session, ordained to be seen by the burghs and thereafter both these acts to be shown to the lords of session who are in town to be advised by them.

Act extending the attachment of sheriffs for 15 days, continued until Monday.

Act regarding the tacks of teinds set with consent of the patron to be declared valid notwithstanding the patronage be thereafter reduced, continued until Monday next.

Act discharging the letters of four forms upon comprisings, continued until Monday.

Act discharging the registration of comprisings, continued until Monday.

Act regarding the brieves of heirs, portioners and tutors, continued until Monday and given to [James Lyon of] Auldbar to be shown to [Sir John Scott of Scotstarvit], director of the chancellery.

Act against the resellers and forestallers read, voted and passed in articles.

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