Act 7
Act dischairging the Yule vacance, appointing the session to sit doun the first of November and ryse the last of Februar, and to sit doune the first of June and ryise the last of Julii

The estatis of parliament, presentlie conveind by his majesties speciall authoritie, wnderstanding that the kirke within this kingdome is now purged of all superstitious observatione of dayes, and heirwith also considering that the keiping of the Yule vacance heath not onlie relatione to that superstitione and may serve to keepe the same in memorie, but also that the keeping of the said Yule vacance heath interrupted the course of justice in this kingdome to the hinderance and heavie prejudice of the leiges thairof, thairfor the saidis estatis have dischairged and simply dischairges the foirsaid Yule vacance and all observation thairof in tymecomeing, and rescindis and annullis all acts, statutis and warrandis and ordinances whatsoevir granted at any tyme heirtofoir for keiping of the said Yule vacance, with all custome of observatione thairof, and findis and declaires the samene to be extinct, voyd and of no force nor effect in tymecomeing. And ordeanes the court and sessione of the colledge of justice and senatouris and memberis thairof to conveene and sit for the administratione of justice without ony interruptione by the foirsaid Yule vacance from the first day of November to the last of Februarie thairefter inclusive yeirlie, and ordeanes the said senatouris and remanent memberis of the said colledge of justice to ryise the said last day of February and to conveene and sit doune againe for administratione of justice to the leiges the first day of June yeirlie, and to ryise the last day of Julii nixt thaireftir inclusive. And also ordeanes the whole remanent judges of inferiour courtis within the kingdome to proceed in thair administratione of justice within thair severall jurisdictiones without any respect to the said Yule vacance and without any interruptione or vacatione by the same Yule vacance, notwithstanding of ony bygone custome of observatione of the said Yule vacance, sieing the samene is now dischairged in maner foirsaid.

Act 8
Act dischairging the granting of protections by the lordes of counsell and exchekker

Forsameikle as the estatis of parliament, presentlie convenit by his majesties speciall authoritie, considering the great prejudice and hurt susteind by his majesties heighnes leiges by the frequent granting of protectiones and supersederes, and remembering heirwithall that his heighnes umquhill dearest father of worthie memorie, by the 47 act of his ellevinth parliamint, anno 1587, intituled 'All supersederes as contrair to the furtherance of justice is forbiddine', off the which act the tennour falloueth: Forsameikle as our soverane lord and estatis of parliament, wnderstanding great contempt to be done to his heighnes lawes and great hurt to his leiges by passing of licences and supersederes which daylie uses to be granted to such as aither by thameselves or other freindis have credit of his majestie, they being at his heighnes horne, either for causes of treasone or not satisfieing of thair debtis to thair creditouris for not obtempering decrets and chairges; thairfor our soverane lord, with advyse foirsaid, statutis and ordeanes that no such licences and supersederes be granted in any tymecomeing and incaise any happines to be purchased, declaires the same to be null of the law and not admissable by any judge, nor effectuall to the purcheser in any wayes, and ordeanes all judges within this realme to proceid and doe justice to all pairties suchlyke and in the same maner as if the saidis supersederes and licences had never beine purchased nor produced. And also by the thretteine act of his 23 parliament in anno 1621, intituled 'Anent the dischairgeing of protectiones', of the which act also the tennor falloueth: Our soverane lord and estatis of parliament, wnderstanding that ther may sindrie protectionis be sought by bankeruptis and otheris who are adebted in great soumes of money, wherby the executione deue wnto the creditouris by the lawes of the cuntrie against the debter may be frustrat, to the great damnage of the creditor; for remeid whairof, it is statute and ordeanit that heirafter the lordis of sessione shall grant no protection from any executione due and competent against any man of the law and declaires that if any shall be heireftir granted, the granter of the same sall be subject and lyable of the law for the soume from the which he heath granted protectione. And the saidis estatis of parliament foirsaid, being cairfull that the prejudices and evillis incurred and susteined by his heighnes leiges by the granting of the saidis protectiones bee helped and remedied, have thairfor renewed, ratified and approvine and, by these presentis, renewes, ratifies and approves the foirsaidis tuo particular actis of parliament abovementioned in the whole heads and clauss thairof befoir rehearsed, conforme to the tennour of the samene, which are insert heirintill ad longum ut supra, and ordeanes the saidis actis and everie one of thame to have the strenth of a law with full force and executione, conforme to the tennour thairof, in all tymecomeing, with additione that the certification of the foirsaid last act made in anno 1621 against the lordis of sessione shall also be extendit against the lordis of secreet counsell and excheker. And thairfor the estatis of this present parliament statutis and ordeanes that heirafter the lordis of privie counsell, sessione or exchequer shall grant no protectione from any executione due and competent against any man of the law, and declairs that if any shall be granted heirefteir, the granter of the same shall be subject and lyable of the law to the creditour for the soum from the which he heath granted protectione. And ordeanes all shireffis, stewartis, baillies of regalities, proveistis and bailleiffs of burrowes and other officeris of justice in all tymecomeing to proceid in dischairge of thair dutie and executione of the command of oure soverane lordis lettiris, notwithstanding of any protectione or supersedere.

Act 9
Act against papistis

The estatis of parliament, now presentlie conveend by his majesties speciall authoritie, ratifies and approves all and whatsoevir actis and statutis of parliament, conventione or secreet counsall mad against papistis, against sayeris and heireris of masse and against Jesuitis, seminarie preists and against excommunicat persones for papistrie or for reseting of Jesuitis and excommunicat papistis, and against the resetteris of the foirsaidis persones, or any of thame, in the whole headis and articles thairof, and specially but prejudice of the generalitie foirsaid, ratifies and approves the act of parliament mad by his majesties father of blissed memorie parliament 13, cap. 164 and parliament 14, cap. 193, 194 and the act mad parliament 20, cap. 5, in the whole headis and articles thairof, and declaires that witing and willing resetting of the persones foirsaidis shall be wnderstood to be committed by theise who (after laufull intimatione to be made at the head burghe of the shyre where they dwell and make thair residence for the most pairt, and at the mercat croce of Edinburghe off the names of the Jesuitis, seminarie preistis and excomminunicat persones for the causs foirsaidis) resettis the persones foirsaidis by the space of thrie nightis togither, or thrie nightis at severall tymes, which is the maner of the intimatione prescrybed by the said 13 parliament, cap. 164 and by the said parliament 20, cap. 59, and that the persons resetteris in maner foirsaid shall be lyable to the paine and punishment contenit in the saidis actis, without farther verifieing of thair notice and knowledge except the intimatione foirsaid; and also declaires that the saidis actis of parliament, ratified as said is, shall comprehend not only men but weomen of all quality, and that they and thair resetteris shall be lyable to the paines thairinconteined. And such lyke the estatis ratifies and approves the act of parliament mad by his majesties father, parliament 16, cap. 17, intituled 'Act anent non communicantis', and ordeanes everie persone non communicant to be lyable to the paines thairinconteind; and willis and ordeanes all ministers within thair parochines and all presbiteris within their presbetries to take tryell and cognitione of the premises, and that als fullie as the beshopis or archbeshopis might have done by the foirsaidis actis or any of thame, and abrogatis the saidis actis in so farr as any power is thairby granted to the said archbeshopis and beshopis anent the premises.

Act 10
Act ratifiing the act of the lordis of session made for supplieing of the absence of the signet and dischairging the transporting thairof or any other seale in tymecomeing

The estatis of parliament, presentlie conveind by his majesties speciall authoritie, ratifies and approves the act of the lordis of counsall and sessione mad at Edinburghe, the penult day of Merch 1639 yeires, wherof the tennour falloueth: The which day the lordis of counsell and sessione, being petitioned by some of his majesties leiges to provyd remeid against the prejudice sustenit by theme throughe the exportatione of the signet out of this kingdome, and thairwpon taking wnto thair consideratione the many great inconveniences redounding to this realme and whole leiges thairof, and manifestlie ensueing by the transporting of the signet not only from the place of residence of the saidis lordis, but outwith the boundis of the kingdome into England without ony reasone or example, thairfore, after mature deliberatione, they have statute and ordeaned and, for remeid of the said heavie prejudice, statutes and ordeanes that all sommondis, lettires, chairges, suspensiones, signatouris or other wretis whatsoevir which by the law and custome of this realme useth to pass the said signet, shall be presented to George Hadden, writer to the signet, and the ordinarie pryce due for the signet consigned in his handis to be mad furthcomeing to the lord secreetarie and his keiperis of the signet in his name, whairupoun the said George Hadden shall marke the date of the said offer besyd the walx at the place customeablie beiring the dait of the signet, and wret thairupon thaise wordis: marked by me, according to act and warrand of the lordis of sessione, and ordenit to be a warrand for executione heirof, or passing throw the seales, albeit it be not signetted, which wordis he shall subscrybe with his signe and subscriptione manuell; which sommondis, chairge, lettiris, suspensions, signatoris or writis whatsoevir so dated and subscrybit by the said George Hadden shall have the same effect in all respectis as if the signet ware affixed thairto. And the saidis lordis declaires that the same shall be ane sufficient warrand to all keiperis of seales and registeris, messingeris of armes, pursevantis, herauldis or wtheris whatsoevir for passing of the saidis wrettis throw the sealis, executione of the saidis sommondis, lettiris, chairges and suspensiones and doeing all deidis incombent to thair office such lyke and als amplie and warrantablie in all respectis as if the same had past the signet, and that ay and while the said signet be returned againe to Edinburghe and the same intimat to the leiges, the said George Hadden allwayes keiping and reteineing the warrandis and making a minut and note theirof, and making the same, togither with the pryces payed thairfor, forthcomeing to the said lord secreetarie or otheris in his name by his warrand. And ordeanes these presentis to be intimat to all his majesties leiges by publicke proclamatione at the mercat croce of Edinburghe to be mad heirupoun, and these presentis for the full warrand of the whole premiss to be enacted and recordit in thair bookis of sederunt, which act the saidis estaitis not only ratifies in maner abovespecified but also ordeanes the said act to stand in full force and strenth to the effect abovewrittin thairin specified, conforme to the tennour thairof foirsaid, whill the [...] day of [...] jM vjC and [...], and stricklie inhibitis and dischairges all keeperis of the signet in any tyme heireftir, for any cause or any pretendit occaione whatsoever, to transport or carie the signet or any seale forth of this kingdome wnder the paine of death and confiscatione of thair moveable goodis.

Act 11
Act dischairging salmond fishing on Sunday

The estatis of parliament, presentlie conveend by his majesties speciall authoritie, considering the great abuse and prophanatione of the Sabbath day occasioned by the fishing of salmond one that day, wherby many people are withholden from divine exerceise and are employed in the ordinarie workis of thair calling, or wtherwayes have opportunitie to spend thair tyme in wnlawfull actionis, contrair to the lawe of God and actes of this reformed kirke; thairfor, for remedy thairof in all tymecomeing, inhibitis and dischairges all maner of salmond fishing wpon the Sabbath day, wnder the paine to the contraveineris to be punished as brekeris of the Sabbath day by the confishcatione of the netis and fishe to the behoof of the poore.

  1. NAS, PA2/22, f.19r-19v. Back
  2. NAS, PA2/22, f.19v-20r. Back
  3. NAS, PA2/22, f.20v. Back
  4. The original warrant, at NAS, PA6/3, 'June 11 1640', contains the following words (deleted): 'And his majestie and estaits ordainis the penalties and fynes inflicted be the acts of parliament abonespecifiit or any of thame against the contraveiners thairof to be diligentlie exacted and applyed to the use and benefit of the poor of everie paroche respective quhair the contraveiner dwells and remains', with the following note on the margin, 'Delett in presence of the lords commissioner grace and lordis of the articles'. Back
  5. NAS, PA2/22, f.21r-21v. Back
  6. NAS, PA2/22, f.21v. Back