14 October 1639

[Overtures from the commissioners of the kirk presented; supplication refused; supplication remitted to the privy council; pursuit against James Gordon]

The commissioners from the church produced certain reasons in writing for the presbyteries' planting of kirks usurped by bishops, which, being read in articles, was delivered to [Sir Thomas Hope of Craighall], king's advocate, together with the act presented.

Supplication by the inhabitants of Orkney and Shetland, craving exemption from the king's taxation because they are tenants of the king's property and pay the worth of the land, read in articles and refused.

Supplication by [James Crichton], laird of Frendraught, craving that [George Gordon], marquis of Huntly should find caution for his sons, kin, friends, men, tenants and servants that Frendraught, his tenants and servants should be free from harm at their hands, as his father was acted before the council; and next the diet assigned for exhibition of James Gordon before [Sir William Elphinstone], justice general, may be changed, and the marquis stand caution for presenting the said James upon 15 days' warning. The articles remit the first part of the said supplication to the secret council and for the second part appoint the parties to be consulted regarding the diet to be assigned for pursuit of the said James Gordon, that thereafter the marquis may declare if he will stand cautioner to that day.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.16(a) v-16(b) r. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.16(b) r -16(b) v. Back
  3. In the left hand margin of the register there is a note apparently relating to this ratification. It would appear that the note has been deleted by two vertical lines. However, due to the binding, it is difficult to accurately determine the content. Back
[Supplication remitted to the lord commissioner; commission for surveying the laws approved; supplication remitted to commission for surrenders, teinds and plantation of kirks]

Supplication by the noblemen and gentlemen craving exemption from payment of custom for the ammunition imported. William Dick [of Braid], being present, promised to speak with [John Stewart, earl of Traquair], the lord commissioner's grace, and give his answer regarding this tomorrow.

Commission for surveying the laws read, voted and passed in articles.

Supplication by Gordon of Tillyfruskie, craving that the lords of session may be judges to the suspension raised by him against the minister of Birse of a decreet given by the commission for teinds, remitted to the commission now granted for surrenders and teinds.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.16(a) v-16(b) r. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.16(b) r -16(b) v. Back
  3. In the left hand margin of the register there is a note apparently relating to this ratification. It would appear that the note has been deleted by two vertical lines. However, due to the binding, it is difficult to accurately determine the content. Back
[Supplication approved; act remitted to the privy council, lords of session and justice general]

Supplication for the register of sasines and reversions to be kept at Dumbarton, according to the act of parliament of 1617, read, voted and passed in articles, the present incumbent getting satisfaction and giving his consent.

Act regarding the bringing in of witnesses who are denounced rebels for not compearance to bear witness before any judge read in articles, who remit the said act to the lords of secret council so far as concerns the witnesses denounced for non-compearance before them, and to the lords of session so far as concerns the witnesses denounced for non-compearance before them, and to [Sir William Elphinstone], justice general, so far as concerns the witnesses denounced for non-compearance before him, and appoints the said judicatories respectively to take course for redress of the prejudice mentioned in the said act and establishing order relating thereto. And recommend also to them to set down order for reasonable satisfaction to witnesses of their expenses.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.16(a) v-16(b) r. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.16(b) r -16(b) v. Back
  3. In the left hand margin of the register there is a note apparently relating to this ratification. It would appear that the note has been deleted by two vertical lines. However, due to the binding, it is difficult to accurately determine the content. Back
[Act continued and remitted to certain members; act regarding the apparel to be drawn up; act continued]

Act regarding taking order with rebels and apprehending them in civil business continued to be thought upon, and appoints [Robert Ker, earl of Roxburghe], lord privy seal, [Archibald Campbell, earl of] Argyll and [James Graham, earl of] Montrose, [Sir William Douglas of Cavers], sheriff of Teviotdale, and [Sir Patrick Hepburn of] Waughton, [Master Alexander Jaffray of Kingswells], provost of Aberdeen, and [Patrick Bell, provost of] Glasgow to speak relating thereto and to meet at 2 o'clock after noon. The act delivered to the lord privy seal.

Act regarding the apparel delivered to [John Leslie], earl of Rothes to be drawn up.

Act discharging privy writings from his majesty to the lords of session continued until after noon.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.16(a) v-16(b) r. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.16(b) r -16(b) v. Back
  3. In the left hand margin of the register there is a note apparently relating to this ratification. It would appear that the note has been deleted by two vertical lines. However, due to the binding, it is difficult to accurately determine the content. Back

On the same day in the afternoon

[Ratifications approved; committee for the disorders in the north ordered to meet; act against privy writings from the king to the lords of session to be revived]

Ratification to Margaret Stewart of her act of rehabilitation.

Ratification to William Maxwell of Kirkhouse.

Ratification to Thomas Forbes of Waterton.

[Sir William Forbes of] Craigievar promised to advertise the noblemen and barons who are appointed for the committee of the north, that they may meet tomorrow by 6 o'clock and be ready to report tomorrow to the articles.

Act discharging privy writings from his majesty to the lords of session read in articles, who appoint the 92nd act made in 1579 to be ratified and revived, and recommend to [John Stewart, earl of Traquair], the commissioner's grace, to represent to his majesty the prejudice redounding to the country by these privy writings, that his majesty may be supplicated relating thereto.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.16(a) v-16(b) r. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.16(b) r -16(b) v. Back
  3. In the left hand margin of the register there is a note apparently relating to this ratification. It would appear that the note has been deleted by two vertical lines. However, due to the binding, it is difficult to accurately determine the content. Back
[Acts for the court of session read and refused; act regarding the diets of the session to be drawn up]

Act ordaining that in all actions exceeding £1,000 there shall be 12 lords of session present at the voting and the two part agree in one mind, read and refused.

Act regarding the change of session read and refused as it is conceived, but ordains an act to be drawn up ordaining the session to sit down in all times coming upon 1 November and to sit from thence to 28 February inclusive, and then to rise upon 1 March and to be in vacation until 1 June, and then the session to sit from 1 June to 15 August inclusive and to be in vacation from 16 August to 31 October inclusive.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.16(a) v-16(b) r. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.16(b) r -16(b) v. Back
  3. In the left hand margin of the register there is a note apparently relating to this ratification. It would appear that the note has been deleted by two vertical lines. However, due to the binding, it is difficult to accurately determine the content. Back
[Acts read and refused; act approved; ratification ordered to be extended; supplication remitted to the exchequer]

Act declaring all men bankrupts who are at the horn unrelaxed, or whose whole lands or most part thereof is comprised etc., read and refused.

Act appointing £5 to every one of the commissioners of shire daily from the first day of the parliament to the last day read, voted and passed in articles.

Ratification to the noblemen and barons of all acts of parliament made in their favour of their privileges and liberties, being read in articles, [John Stewart, earl of Traquair], commissioner general, required the presenters of the act to condescend upon the special acts which are desired to be revived.

Act regarding poinding and comprising read and refused.

Supplication by [John Kerr of] Lochtour, craving that Master Patrick Brown may be ordained to give him out the gift of his escheat which is composed, read in articles, who find the same no way competent nor proper to be proposed or discussed in parliament, but remit the same to the exchequer. And yet nevertheless, the lord commissioner's grace did freely declare that his grace is content that Lochtour have out the gift mentioned in the supplication, he declaring that the same shall in no way be extended or prejudicial to any right competent to his grace.

  1. NAS, PA6/3, 'August 31-October 22 1639', f.16(a) v-16(b) r. Back
  2. NAS, PA6/3, 'August 31-October 22 1639', f.16(b) r -16(b) v. Back
  3. In the left hand margin of the register there is a note apparently relating to this ratification. It would appear that the note has been deleted by two vertical lines. However, due to the binding, it is difficult to accurately determine the content. Back