The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 7 October 2024
[C1639/8/24]1
[Protest against members present in the business between the Marquis of Huntly and the noblemen and gentlemen of the north; member removed]
[George Gordon], marquis of Huntly alleged [Sir Thomas Hope of Craighall], king's advocate, cannot sit in this cause between him and the noblemen and gentlemen of the north because he has consulted with the parties in this business. 2. He has consulted with [James Crichton], laird of Frendraught in this business or upon a supplication of the like nature.
The Marquis of Huntly alleged [James Lyon], laird of Auldbar cannot sit in the articles to vote in this cause, because he is tutor to [Gilbert Hay], earl of Erroll who has subscribed the complaint and is a party, and is brother to [John Lyon], earl of Kinghorn, who is also tutor to the Earl of Erroll, and has subscribed the supplication, and is an interested party.
The advocate denied the allegiance proposed against him.
Removes the Laird of Auldbar.
[Debate regarding the business between the Marquis of Huntly and the noblemen and gentlemen of the north; supplications continued until act drawn up]
[John Stewart, earl of Traquair], lord commissioner general, and articles find that where it is libelled that John du Gar and his two nephews have these three years bygone committed great plunderings, etc., and that during the time of the said oppressions they had and as yet have their actual residence upon [George Gordon], marquis of Huntly's lands, where they were maintained, supplied and assisted by his bailies, chamberlains and tenants, find that part of the supplication relevant to be proven by witnesses, to be presented as an article to the parliament for inferring that desire of the supplication, for exhibition of the said John du Gar and his nephews before [Sir William Elphinstone], justice, and declare they will have particular consideration of the witnesses. And ordain the supplicants to condescend upon the lands where the said John du Gar and his nephews had their residence.
Master James Baird agreed that the lands where the said John du Gar and his nephews had their residence the times libelled was Cabrach, Glenrinnes, Auchindown, Strathbogie, Blackwater, Culblean.
The two supplications by [Gilbert Hay], earl of Erroll and minister of Turriff, craving that the depredations committed upon them may be omitted out of the act of pacification and the goods restored because the same were taken away under trust, albeit after 13 April, continued until the act of pacification be drawn up and treated of.
The supplication presented by [Sir Gilbert Ramsay], laird of Balmain, craving restitution of the goods taken since the pacification, continued the answer thereto until the common course be taken and the act of pacification be drawn up.
[Business remitted to certain members and party cited]
Regarding the petition presented by the Lady Luss, craving maintenance for her children from [Humphrey Colquhoun], laird of Balvie, intromitter with the rents and estate of Luss, [John Stewart, earl of Traquair], lord commissioner general, and articles nominate [John Maitland], earl of Lauderdale and [David Carnegie, earl of] Southesk to peruse the defences and answer given in by the parties, before whom ordain the Laird of Balvie to appear and to make known the rent of the land and the burdens which really affect the said estate and manner of the purchasing of his rights, that they may report the same to the articles or otherwise declare that, if Balvie fail in obedience of the premises, they will hold the rent of the land libelled as confessed to extend to £12,000, and in respect of the singular merits of this cause, deserving a particular consideration, will modify a competent sum for the maintenance, according to the desire of the supplication.
- NAS, PA6/3, 'August 31-October 22 1639', f.9(a) v-9(b) r.