17 November 1641

[Protests over precedency; list of persons to whom the process of the burgh of Wigtown against the Earl of Galloway is remitted]

[The king being present]

[John Borthwick], lord Borthwick protested that the reading of the rolls this day as they now stand should in no way be prejudicial to his place.

[Sir Thomas Myreton of] Cambo for the sheriffdom of Fife protested that the reading of the rolls this day and riding of the commissioners of shires should not be prejudicial to the place pertaining to the said sheriffdom.

[Hugh Campbell of] Cessnock, in name of the whole barons, protested that the reading of the rolls this day and riding of the commissioners of shires should not be prejudicial to any of the same shires regarding their places.

[Sir David Home of] Wedderburn protested that this day's reading of the rolls and riding of the commissioners of shires should in no way be prejudicial to the sheriffdom of Berwick, its place in former rolls and riding in former parliaments.

[Alexander Stewart], earl of Galloway gave in a list of those to whom he was content to submit all controversies between him and the town of Wigtown and all others who had given in supplications against him before the parliament, namely: [John Erskine], earl of Mar, [Alexander Montgomery, earl of] Eglinton, [George MacKenzie, earl of] Seaforth, [John Maitland, earl of] Lauderdale, [David Carnegie, earl of] Southesk, [Sir Robert Grierson of] Lag. As also the town of Wigtown gave in their list, namely: [Archibald Campbell], earl of Argyll and [William Cunningham, earl of] Glencairn, Sir Thomas [Hope] of Kerse, [William Rigg of] Aithernie, James Cochrane, commissioner for the burgh of Edinburgh, and John Semple [of Stainflett], commissioner for the burgh of Dumbarton. And either of them nominated [John Campbell, lord Loudoun], lord chancellor, and [John Elphinstone, lord] Balmerino, president of parliament, or any one of them being present, or to four for each party nominated as said is, with the arbitrators, to decide in all controversies between the said parties between now and 15 January next, with power to the judges foresaid and arbitrators to prorogate etc. And ordains the same submission to be recorded in the book of parliament.

  1. NAS, PA6/6, 'November 17 1641', f.1(a) r-1(b) v. Back
  2. Not in manuscript. Inserted in APS only. Back
  3. A number of crosses appear in the left hand margin next to each protest. The meaning of this is unclear. Back
  4. A brief document recorded from PA6/6, 'November 17 1641' almost certainly relates to this protest. It states that a '... decreet of suspension craved by the burghs of Dumbarton and Renfrew seems most unjust and unreasonable ...' and '... shall be in no way prejudicial to the burgh of Glasgow.' Back
  5. A document concerning the last act of 'his majesty's first parliament of 1633 entitled Act salvo jure cujuslibet', finding it of a different 'strain and tenor from all the former acts of that kind', can be found in PA6/6, 'November 17 1641'. Back
[Act approved; warrant granted to the privy council; commission of exchequer to be amended; acts and supplication remitted to the privy council; acts approved]

Act regarding two and a half per cent, the burghs declared they would make election to be ruled by the book of rates according to the prices of merchandise as the same now rules. And in respect whereof craved the act might pass, which accordingly was passed in parliament. And his majesty and estates give warrant to the council for regulating according to the book of rates as said is, and ordain the commission of exchequer to be extended and extracted in manner above-written.

Act regarding prices of seals, registers etc. remitted to the council, to whom the parliament gives power to this effect.

Act regarding the treasury read, voted and passed in parliament.

Act regarding nomination and election of the senators of the college of justice read, voted and passed in parliament, which ordains the senators foresaid and councillors to be received by [John Campbell, lord Loudoun], lord chancellor.

Supplication in favour of the British in Ireland read and remitted to his majesty.

Act regarding the incarceration of poor prisoners remitted to the council.

Act regarding minors read, voted and passed in parliament.

  1. NAS, PA6/6, 'November 17 1641', f.1(a) r-1(b) v. Back
  2. Not in manuscript. Inserted in APS only. Back
  3. A number of crosses appear in the left hand margin next to each protest. The meaning of this is unclear. Back
  4. A brief document recorded from PA6/6, 'November 17 1641' almost certainly relates to this protest. It states that a '... decreet of suspension craved by the burghs of Dumbarton and Renfrew seems most unjust and unreasonable ...' and '... shall be in no way prejudicial to the burgh of Glasgow.' Back
  5. A document concerning the last act of 'his majesty's first parliament of 1633 entitled Act salvo jure cujuslibet', finding it of a different 'strain and tenor from all the former acts of that kind', can be found in PA6/6, 'November 17 1641'. Back
[Supplications remitted to the exchequer; acts approved; supplications remitted to the committee for regulating the common burdens; exoneration granted to the lord general]

Supplication by [Robert] Pringle of Stichill remitted to the exchequer.

Act regarding horse and arms kept up from the owners read, voted and passed in parliament.

Act of reprisal in favour of Captain [David] Robertson, [John Leslie], earl of Rothes etc. signed by his majesty.

Supplication by Master Alexander Pitcairn remitted to the committee for the common burdens.

Act of approbation in favour of [Alexander Leslie, earl of Leven], general, his excellency, and other general officers contained in the roll produced read, voted and passed in parliament.

The lord general craved exoneration of his office, wherewith his majesty and estates, being advised, they grant him a full exoneration and give him power to command those who are yet on foot in this kingdom so long as they stand undisbanded. Likewise his majesty and estates give warrant and command hereby to the council to disband the same companies and to provide for monies for that effect with all convenient diligence.

Supplication by George Foulis [of Ravelston] for his exoneration of his office as general of the mint-house read and remitted to the exchequer.

Supplication by [Alexander Forbes], lord Forbes and town of Aberdeen remitted to the committee for the common burdens.

  1. NAS, PA6/6, 'November 17 1641', f.1(a) r-1(b) v. Back
  2. Not in manuscript. Inserted in APS only. Back
  3. A number of crosses appear in the left hand margin next to each protest. The meaning of this is unclear. Back
  4. A brief document recorded from PA6/6, 'November 17 1641' almost certainly relates to this protest. It states that a '... decreet of suspension craved by the burghs of Dumbarton and Renfrew seems most unjust and unreasonable ...' and '... shall be in no way prejudicial to the burgh of Glasgow.' Back
  5. A document concerning the last act of 'his majesty's first parliament of 1633 entitled Act salvo jure cujuslibet', finding it of a different 'strain and tenor from all the former acts of that kind', can be found in PA6/6, 'November 17 1641'. Back
[Recompense granted to the officers of the army and recommendations to the committee for regulating the common burdens ; act for the release of the Earl of Montrose and others approved]

His majesty and estates give in recompense to [Alexander Leslie, earl of Leven], general, his excellency, the sum of 100,000 merks to be paid out of the first and readiest of the brotherly assistance granted by England, and grant power for that effect to the committee appointed for the common burdens.

The king's majesty and estates acknowledge that [James Livingstone], lord Almond deserves a recompense for his carriage as lieutenant general, and remit the quantity and manner of payment thereof to the committee for the common burdens.

Act in favour of [James Graham], earl of Montrose and others incarcerated in the castle for their enlargement upon caution to the effect therein contained, read, voted and passed in parliament, which ordains the cautioners to stand obliged until the time of trial be ended.

  1. NAS, PA6/6, 'November 17 1641', f.1(a) r-1(b) v. Back
  2. Not in manuscript. Inserted in APS only. Back
  3. A number of crosses appear in the left hand margin next to each protest. The meaning of this is unclear. Back
  4. A brief document recorded from PA6/6, 'November 17 1641' almost certainly relates to this protest. It states that a '... decreet of suspension craved by the burghs of Dumbarton and Renfrew seems most unjust and unreasonable ...' and '... shall be in no way prejudicial to the burgh of Glasgow.' Back
  5. A document concerning the last act of 'his majesty's first parliament of 1633 entitled Act salvo jure cujuslibet', finding it of a different 'strain and tenor from all the former acts of that kind', can be found in PA6/6, 'November 17 1641'. Back
[Protests against ratifications passed this day]

Protest by [Master Robert Cunningham], commissioner of Kinghorn, and by Robert Hepburn for [Charles Seton], earl of Dunfermline as heritable bailie of the lordship of Dunfermline against the ratification of [James Melville of] Halhill.

Protest by Robert Hepburn for the king's udallers and kindly possessors of the lands thereof against the ratification in favour of James Sinclair of Scalloway.

Protest by the town of Renfrew against Greenock's ratification, produced in writing.

Protest by Master Roger Mowat in name of the wrights of the Canongate against the ratification of the wrights etc. of Edinburgh.

Protest by [Archibald Campbell], earl of Argyll against the ratification in favour of the town of Dumbarton.

Protestation by the town of Glasgow against the ratification of Dumbarton, produced in writing.

Protest by the town of Glasgow against the ratification of Renfrew, which is produced both in one with the former.

Protest by the town of Renfrew against the ratification of Glasgow, produced in writing.

Protest by the town of Dumbarton against the ratifications of Glasgow, produced in writing.

Protest by [Sir Alexander Erskine], laird of Dun against the ratification of the town of Montrose.

Protest by [Sir Ludovic Houston], laird of Houston against the ratification of Renfrew.

Protest by [Sir Patrick Maxwell], laird of Newark against the ratification of Renfrew.

Protest by [James Hamilton], marquis of Hamilton against the ratification of Linlithgow.

Protest by Robert Hepburn for [Sir James] Baillie of Lochend, and [Thomas Hamilton], earl of Haddington and Master James Scott, in name of [Francis Scott], earl of Buccleuch, against the ratification in favour of Charles Stewart.

Protest by the town of Peebles against the ratification of [John Stewart, earl of] Traquair.

Protest by [James Livingstone], lord Almond against the ratification in favour of the kirk of Denny.

Protest by [Sir Walter Stewart], laird of Minto against the ratifications of Glasgow.

Protest by the town of Renfrew against the ratification in favour of [Sir Ludovic Houston], laird of Houston.

Protest by the kirk of Anstruther against the ratification of the kirk of Kilrenny.

Protest by Master Andrew Dick in name of his father. As also the whole fishers against the ratification in favour of [George Aitken of Underedge], laird of Aitken for not wetting of their nets.

Protest by the town of Edinburgh against the ratification in favour of the wrights and others in the Canongate.

Protest by [Thomas Sydserf], bishop of Galloway against the ratification in favour of the University of Glasgow.

Protest by [John Drummond], earl of Perth against the town of Newburgh.

Robert Hepburn for [Charles Seton], earl of Dunfermline gave in a declaration in writing to be inserted in the ratification of the town of Queensferry.

Protest by the town of Ayr against the ratification of the town of Irvine.

Protest by [...] Home, son to the late Colonel Home, against the ratification in favour of John Carstairs.

Protest by the town of Brechin against Careston, which is restricted to the act of assembly only.

Refuses the ratification of the place of usher in favour of [Sir William Cockburn], laird of Langton.

Protest by [John Maitland], earl of Lauderdale against the ratification in favour of Musselburgh.

Robert Hepburn in name of [George Hay], earl of Kinnoull gave in a declaration which he craves to be inserted in Patrick Ruthven's ratification, which is produced in writing.

Protest by the king's majesty against [Sir William Forbes of] Craigievar's ratification.

Protest by [William Keith], earl Marischal against the ratification in favour of the macers.

Protest by the lord lyon king at arms against the ratification foresaid.

Protest by the town of Edinburgh against the hat-makers of Edinburgh.

Protest by James Gibson for [John Gordon], laird of Haddo; protested against the ratification in favour of [Andrew Fraser], lord Fraser, and the Lord Fraser protested in the contrary.

Protest by [John Forbes], laird of Leslie for the sheriffdom of Aberdeen against the ratification of the town of Aberdeen.

Protest by [John Maitland], lord Maitland against the ratification in favour of [James, earl of] Home, produced in writing.

Protest by [John Hay], lord Yester against the ratification of the town of Peebles.

Sir Archibald Johnston [of Wariston] craved that the procurator and agent fees for the kirk should be reserved out of the ratification of the rent of the archbishopric of Glasgow and gave in the same in writing.

Protest by [James Hamilton], marquis of Hamilton against [James Stewart], duke of Lennox.

Protest by [William Keith], earl Marischal and the sheriffdom of Aberdeen against the ratification in favour of the town of Aberdeen.

Protest by the college of Glasgow against the ratification in favour of the town of Glasgow.

Protest by [William Hamilton], earl of Lanark in name of Robert Leslie against the ratification of the town of Edinburgh of the bishops' rents of Orkney, and his majesty declared he abided by the gift of Robert Leslie as being first done and prefers the same to all other gifts.

Protest by [Sir Harry Montgomery], laird of Giffen against the ratification in favour of Glasgow college of Tongland.

Protest by [James Stewart], earl of Moray against [John] Innes of Leuchars, his ratification.

Protest by the town of Glasgow against the ratification of the town of Rutherglen.

Protest by [Sir Gilbert Ramsay], laird of Balmain against the ratification in favour of [Patrick Maule of] Panmure.

Protest by [Archibald Campbell], earl of Argyll against the ratification of Lewis in favour of [George MacKenzie, earl of] Seaforth.

Protest by [John Gordon], earl of Sutherland against the ratification of Lewis in favour of Seaforth.

Protest by [James Hamilton], marquis of Hamilton against the ratification in favour of the town of Lanark.

Dumbarton craved the declaration given in by them against Glasgow to be inserted in the ratification of Renfrew.

Renfrew craved their declaration against Glasgow to be inserted in the ratification of Dumbarton.

Protest by [Sir James Campbell], laird of Lawers against the ratification in favour of [Patrick Murray, earl of] Tullibardine.

Protest by [George MacKenzie], earl of Seaforth against the ratification of the town of Wick.

Protest by [David Carnegie], earl of Southesk against the ratification in favour of the minister of Brechin, and the commissioner of Brechin protested in the contrary.

Protest by Alexander Urquhart against the ratification in favour of the town of Cromarty.

Protest by [James Hamilton], marquis of Hamilton against the ratification in favour of the town of Glasgow.

Two ratifications in favour of Sir James Galloway both rejected as being without a leading case.

Protest by [John Hay], lord Yester against the ratification in favour of [George Hay], earl of Kinnoull.

Protest by [William Keith], earl Marischal against the ratification in favour of the Earl of Kinnoull.

Robert Hepburn, in name of [Gilbert Hay], earl of Erroll, in respect he is a minor, protested and gave in the same in writing.

  1. NAS, PA6/6, 'November 17 1641', f.1(a) r-1(b) v. Back
  2. Not in manuscript. Inserted in APS only. Back
  3. A number of crosses appear in the left hand margin next to each protest. The meaning of this is unclear. Back
  4. A brief document recorded from PA6/6, 'November 17 1641' almost certainly relates to this protest. It states that a '... decreet of suspension craved by the burghs of Dumbarton and Renfrew seems most unjust and unreasonable ...' and '... shall be in no way prejudicial to the burgh of Glasgow.' Back
  5. A document concerning the last act of 'his majesty's first parliament of 1633 entitled Act salvo jure cujuslibet', finding it of a different 'strain and tenor from all the former acts of that kind', can be found in PA6/6, 'November 17 1641'. Back
[Act approved; nomination of the keepers of the castles of Edinburgh and Dumbarton; warrant granted to the privy council regarding the outstanding issues of the treaty of London]

Act saving the right of anyone read, voted and passed in parliament.

His majesty nominated [Alexander Leslie], earl of Leven to be keeper of the castle of Edinburgh and [James Stewart], duke of Lennox to be keeper of Dumbarton Castle, whom the estates approve.

His majesty and estates of parliament give warrant to the secret council for drawing up instructions to be given to the commissioners for the remainder of the treaty.

  1. NAS, PA6/6, 'November 17 1641', f.1(a) r-1(b) v. Back
  2. Not in manuscript. Inserted in APS only. Back
  3. A number of crosses appear in the left hand margin next to each protest. The meaning of this is unclear. Back
  4. A brief document recorded from PA6/6, 'November 17 1641' almost certainly relates to this protest. It states that a '... decreet of suspension craved by the burghs of Dumbarton and Renfrew seems most unjust and unreasonable ...' and '... shall be in no way prejudicial to the burgh of Glasgow.' Back
  5. A document concerning the last act of 'his majesty's first parliament of 1633 entitled Act salvo jure cujuslibet', finding it of a different 'strain and tenor from all the former acts of that kind', can be found in PA6/6, 'November 17 1641'. Back
[Minister to attend the commissioners for the outstanding issues of the treaty of London; day of thanksgiving; act approved; Marquis of Argyll's patent passed; speech and sermon given]

His majesty and estates appoint Sir Archibald Johnston [of Wariston] to acquaint the commissioners for the kirk that the commissioners for the remainder of the treaty may have any minister with them they please to nominate. And also ordain them to appoint a day of thanksgiving, which they will the said Sir Archibald to acquaint the kirk with.

Act for the next parliament, appointing the same to be held upon 1 June 1644, read, voted and passed in parliament.

His majesty exhibited a patent for creation of [Archibald Campbell], earl of Argyll marquis of Argyll, which being read his majesty delivered the same, having the great seal appended, to the said marquis.

Thereafter a speech made by [John Campbell, lord Loudoun], chancellor, and a sermon by Master Alexander Henderson.

  1. NAS, PA6/6, 'November 17 1641', f.1(a) r-1(b) v. Back
  2. Not in manuscript. Inserted in APS only. Back
  3. A number of crosses appear in the left hand margin next to each protest. The meaning of this is unclear. Back
  4. A brief document recorded from PA6/6, 'November 17 1641' almost certainly relates to this protest. It states that a '... decreet of suspension craved by the burghs of Dumbarton and Renfrew seems most unjust and unreasonable ...' and '... shall be in no way prejudicial to the burgh of Glasgow.' Back
  5. A document concerning the last act of 'his majesty's first parliament of 1633 entitled Act salvo jure cujuslibet', finding it of a different 'strain and tenor from all the former acts of that kind', can be found in PA6/6, 'November 17 1641'. Back