1 October 1639

[Supplications recommended to the king; vassals of bishops; supplication approved]

Supplication by William Stewart, another by Isobel Montgomery, a third by the Scotsmen in Ireland, craving that they may be freed of oaths in Ireland contrary to the laws of this country etc., recommended to [John Stewart, earl of Traquair], the commissioner's grace, to be represented to his majesty.

Supplication by the vassals of bishops etc., craving that some course may be taken whereby the clauses irritant contained in their infeftments may not fall, read in articles, who declared that the subjects due in payment of feu or tack duties to bishops or archbishops shall not be in more during the interval of time between 1 April 1638, nor yet the clause irritant run against them until order be taken regarding the way and manner of payment, and the same notified to the lieges.

Supplication by [James Stewart], duke of Lennox, craving a commission for trying the privileges of the admiralty and chamberlainship in this kingdom, read, voted and passed in articles.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.12(a) v-12(b) v. Back
  2. Written in margin 'Delivered to [Sir Andrew Fletcher of] Innerpeffer'. Back
  3. Written in margin 'Delivered to Innerpeffer'. Back
  4. Definition unknown, but possibly some sort of trap. Back
  5. Written in margin 'Supplication delivered to [Sir Andrew Fletcher of] Innerpeffer'. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.12(b) v. Back
  7. Defined in DSL as a gratuity given to be spent on drink. Back
  8. Written in margin 'The sheriff's 3 acts delivered to John Smith [of Grotehill]'. Back
  9. NAS, PA6/3, 'August 31-October 22 1639', f.13(a) r. Back
[Supplications remitted to commission for plantation of kirks; acts approved; act to be taken into further consideration]

Supplications upon references from the assembly regarding the erection of parishes, dismembering of kirks or unions thereof, remitted to the commission to be granted for plantation of kirks, namely: supplication and reference for the parishioners of Kirkmaiden for building a church in the midst of the parish. Item, the reference and supplication presented by [Thomas Erskine], laird of Pittodrie for erection of the hospital of Balhagardy. Item, the reference and supplication presented by the parishioners of Girvan and Dailly for building the church of Dominie. Item, the supplication and reference craving that Glenlyon may not be disjoined from the kirk of Fortingall. Item, the supplication by Master John Lauder craving augmentation for the kirk of Tyninghame.

Act discharging the importation of strong waters read, voted and passed in articles.

Act ratifying the 165th act of the 13th parliament of King James VI entitled 'That no particular act of parliament shall prejudice the ministers in their livings', and to be further extended also to universities, colleges, hospitals or schools for any rents whereof they are in possession, read, voted and passed in articles.

Act for apprehending all vagabonds, knaves etc. who want a pass, delivered to [Sir George Stirling of] Keir to be advised.

Act excluding the attachment of sheriffs for the space of 24 hours read, voted and passed in articles.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.12(a) v-12(b) v. Back
  2. Written in margin 'Delivered to [Sir Andrew Fletcher of] Innerpeffer'. Back
  3. Written in margin 'Delivered to Innerpeffer'. Back
  4. Definition unknown, but possibly some sort of trap. Back
  5. Written in margin 'Supplication delivered to [Sir Andrew Fletcher of] Innerpeffer'. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.12(b) v. Back
  7. Defined in DSL as a gratuity given to be spent on drink. Back
  8. Written in margin 'The sheriff's 3 acts delivered to John Smith [of Grotehill]'. Back
  9. NAS, PA6/3, 'August 31-October 22 1639', f.13(a) r. Back
[Acts remitted to the subcommittee for the book of rates; acts remitted to the lords of session]

Act ordaining a brieve and retour to serve for all heir portioners and an act of tutory for the whole children of one man, remitted to the committee regarding the blue book of rates and delivered to [John Maitland], earl of Lauderdale.

Act explaining the act of parliament of 1621 regarding comprisings against minors, declaring that minors are not secluded by the said act from the surplus of the mails of the comprised lands more than will pay the annualrent of the sum whereupon comprising is deduced, appointed to be imparted to the lords of session.

Act ordaining actions to be called by order of the table, appoints the same to be imparted to the lords of session.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.12(a) v-12(b) v. Back
  2. Written in margin 'Delivered to [Sir Andrew Fletcher of] Innerpeffer'. Back
  3. Written in margin 'Delivered to Innerpeffer'. Back
  4. Definition unknown, but possibly some sort of trap. Back
  5. Written in margin 'Supplication delivered to [Sir Andrew Fletcher of] Innerpeffer'. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.12(b) v. Back
  7. Defined in DSL as a gratuity given to be spent on drink. Back
  8. Written in margin 'The sheriff's 3 acts delivered to John Smith [of Grotehill]'. Back
  9. NAS, PA6/3, 'August 31-October 22 1639', f.13(a) r. Back
[Acts for planting of woods and unlawful killing of wildfowl etc.; acts approved; business remitted to the lords of session]

Act regarding planting of woods and destroyers of woods, dovecots etc., hunters in other men's bounds with lying dogs etc., appoints two acts to be made thereupon, the one ratifying the 84th act of James VI, parliament 6, with this addition: that the first fault be under the pain of £20; the second £40; the third £100. And another act discharging fowling with setting dogs or shooting in other men's bounds under the pain of loss of dogs and nets and guns to the heritors and £40; with power to the heritors to apprehend the delinquent and detain him until he make payment. And discharges the slaying of hares with nets, stamping, snares, guns or in snow, under the pain of £20, and discharges the slaying of all wildfowl in other men's bounds with guns, chipers or other devices under the pain of confiscation of the guns or devices, and £40 to the heritor, and ordains no person to keep dogs but heritors.

Act discharging blown flesh read, voted and passed in articles.

Act ordaining all regiments lifted in Scotland to be furnished with ministers, and that commanders going out of the country to swear the covenant, read, voted and passed in articles, in so far only as concerns the furnishing of regiments going out of the country with ministers.

Regarding the supplication complaining upon the taking of irresponsible cautioners in suspensions and for releasing arrestments, the lords of session being heard thereupon in presence of [John Stewart, earl of Traquair], the commissioner's grace, and articles, they are appointed to draw up their acts for preventing these abuses and prejudices in time coming, and for that effect to communicate with Master John Skene or any other they think expedient.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.12(a) v-12(b) v. Back
  2. Written in margin 'Delivered to [Sir Andrew Fletcher of] Innerpeffer'. Back
  3. Written in margin 'Delivered to Innerpeffer'. Back
  4. Definition unknown, but possibly some sort of trap. Back
  5. Written in margin 'Supplication delivered to [Sir Andrew Fletcher of] Innerpeffer'. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.12(b) v. Back
  7. Defined in DSL as a gratuity given to be spent on drink. Back
  8. Written in margin 'The sheriff's 3 acts delivered to John Smith [of Grotehill]'. Back
  9. NAS, PA6/3, 'August 31-October 22 1639', f.13(a) r. Back

On the same day in the afternoon

[Infeftments of small vassals; act amended and approved; acts to be taken into further considerations; acts refused]

Regarding the supplication presented by [Sir John Scott of] Scotstarvit, director of the chancellery, craving that warrant may be given to the clerk for presenting the two different frames of acts to the parliament, the one leaving it arbitrary to the lieges either to go by the treasurer's register, or otherwise by the quarter seal, at the lieges' option; or otherwise that frame presented by the said director of the chancellery, ordaining the director of chancellery, upon the signature passed the exchequer and registering in the treasurer's register, for such portions of lands whereof the yearly rent exceeds not 200 merks, to write a precept upon parchment under the quarter seal for taking sasine, for the which the vassal shall pay to the director of the chancellery for parchment, writing, subscription, drinksilver, wax and all other expenses the sum of 40s only. The articles ordain the clerk to present to parliament the article appointing the signatures to pass the quarter seal in manner and for the payment foresaid.

Act ordaining acts of warding to be directed upon precept from the sheriff, stewarts and bailies of bailiaries after expiring of the charge given to the debtor and searching of his goods for the sum of 40 merks, the officer making faith that he has searched the debtor's goods, and the prisoner binding himself for the prisoner's maintenance, read, voted and passed in articles, as it is amended.

Act ordaining provost and bailies within the burgh, bailies of regality and barony to receive captives in their wardhouses, appoints the burghs to see the same until tomorrow.

Article regarding jailer fees, appoints the jailer or his servants to be warned.

Act craving that caution for releasing arrestments may be found before the sheriffs etc. read and refused.

Act craving that caution for lawborrows may be found before the sheriffs etc. read and refused.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.12(a) v-12(b) v. Back
  2. Written in margin 'Delivered to [Sir Andrew Fletcher of] Innerpeffer'. Back
  3. Written in margin 'Delivered to Innerpeffer'. Back
  4. Definition unknown, but possibly some sort of trap. Back
  5. Written in margin 'Supplication delivered to [Sir Andrew Fletcher of] Innerpeffer'. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.12(b) v. Back
  7. Defined in DSL as a gratuity given to be spent on drink. Back
  8. Written in margin 'The sheriff's 3 acts delivered to John Smith [of Grotehill]'. Back
  9. NAS, PA6/3, 'August 31-October 22 1639', f.13(a) r. Back

1 October 1639

After noon

[Act ordered to be revived; acts to be taken into further consideration]

Act of 1621 regarding the expenses of clothes appointed to be revived in all things except the fashion of clothes, with this addition: that the one half of the fine be paid to the dilator, and the other half to the king.

Act ordaining that no action be made by the burghs prohibiting the sale of commodities necessary for life, as ground malt, flour, meat, drink and suchlike, read in articles and continued until tomorrow. The act delivered to [Sir George Stirling of] Keir.

Act declaring the act of 1633 regarding the exchequer in no way to give power to the lords of exchequer to be judges to the validity or invalidity of infeftments, read in articles and given to [Sir Thomas Hope of Craighall], advocate, to see until tomorrow.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.12(a) v-12(b) v. Back
  2. Written in margin 'Delivered to [Sir Andrew Fletcher of] Innerpeffer'. Back
  3. Written in margin 'Delivered to Innerpeffer'. Back
  4. Definition unknown, but possibly some sort of trap. Back
  5. Written in margin 'Supplication delivered to [Sir Andrew Fletcher of] Innerpeffer'. Back
  6. NAS, PA6/3, 'August 31-October 22 1639', f.12(b) v. Back
  7. Defined in DSL as a gratuity given to be spent on drink. Back
  8. Written in margin 'The sheriff's 3 acts delivered to John Smith [of Grotehill]'. Back
  9. NAS, PA6/3, 'August 31-October 22 1639', f.13(a) r. Back