[1640/6/22]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, understanding that the kirk within this kingdom is now purged of all superstitious observation of days, and herewith also considering that the keeping of the Yule vacation has not only relation to that superstition and may serve to keep the same in memory, but also that the keeping of the said Yule vacation has interrupted the course of justice in this kingdom to the hindrance and heavy prejudice of the lieges thereof, therefore the said estates have discharged and simply discharge the foresaid Yule vacation and all observation thereof in time coming, and rescind and annul all acts, statutes and warrants and ordinances whatsoever granted at any time heretofore for keeping of the said Yule vacation, with all custom of observation thereof, and find and declare the same to be extinct, void and of no force nor effect in time coming. And ordain the court and session of the college of justice and senators and members thereof to convene and sit for the administration of justice without any interruption by the foresaid Yule vacation from 1 November to 28 February thereafter inclusive yearly, and ordain the said senators and other members of the said college of justice to rise the said 28 February and to convene and sit down again for administration of justice to the lieges 1 June yearly, and to rise 31 July next thereafter inclusive. And also ordain the whole other judges of inferior courts within the kingdom to proceed in their administration of justice within their separate jurisdictions without any respect to the said Yule vacation and without any interruption or vacation by the same Yule vacation, notwithstanding of any bygone custom of observation of the said Yule vacation, seeing the same is now discharged in manner foresaid.
[1640/6/23]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates of parliament, presently convened by his majesty's special authority, considering the great prejudice and hurt sustained by his majesty's highness's lieges by the frequent granting of protections and supersederes, and remembering herewith that his highness's late dearest father of worthy memory, by the 47th act of his 11th parliament, 1587, entitled 'All supersederes as contrary to the furtherance of justice is forbidden', of the which act the tenor follows: Forasmuch as our sovereign lord and estates of parliament, understanding great contempt to be done to his highness's laws and great hurt to his lieges by passing of licences and supersederes which daily used to be granted to such as either by themselves or other friends have credit of his majesty, they being at his highness's horn, either for causes of treason or not satisfying of their debts to their creditors for not complying with decreets and charges; therefore our sovereign lord, with advice foresaid, statutes and ordains that no such licences and supersederes be granted in any time coming and in case any happens to be purchased, declares the same to be null of the law and not admissable by any judge, nor effectual to the purchaser in any way, and ordains all judges within this realm to proceed and do justice to all parties likewise and in the same manner as if the said supersederes and licences had never been purchased nor produced. And also by the 13th act of his 23rd parliament in 1621, intituled 'Regarding the discharging of protections', of the which act also the tenor follows: Our sovereign lord and estates of parliament, understanding that there may be sundry protections sought by bankrupts and others who are due in great sums of money, whereby the execution due to the creditors by the laws of the country against the debtor may be frustrated, to the great damage of the creditor; for remedy whereof, it is statute and ordained that hereafter the lords of session shall grant no protection from any execution due and competent against any man of the law and declare that if any shall be hereafter granted, the granter of the same shall be subject and liable of the law for the sum from the which he has granted protection. And the said estates of parliament foresaid, being careful that the prejudices and evils incurred and sustained by his highness's lieges by the granting of the said protections be helped and remedied, have therefore renewed, ratified and approved and, by this act, renew, ratify and approve the foresaid two particular acts of parliament above-mentioned in the whole heads and clauses thereof before rehearsed, according to the tenor of the same, which are inserted herein at length as above, and ordain the said acts and every one of them to have the strength of a law with full force and execution, according to the tenor thereof, in all time coming, with addition that the certification of the foresaid last act made in 1621 against the lords of session shall also be extended against the lords of secret council and exchequer. And therefore the estates of this present parliament statute and ordain that hereafter the lords of privy council, session or exchequer shall grant no protection from any execution due and competent against any man of the law, and declare that if any shall be granted hereafter, the granter of the same shall be subject and liable of the law to the creditor for the sum from the which he has granted protection. And ordain all sheriffs, stewarts, bailies of regalities, provosts and bailies of burghs and other officers of justice in all time coming to proceed in discharge of their duty and execution of the command of our sovereign lord's letters, notwithstanding of any protection or supersedere.
[1640/6/24]*[print] [email] [cite] [preceding] [following]
The estates of parliament, now presently convened by his majesty's special authority, ratify and approve all and whatsoever acts and statutes of parliament, convention or secret council made against papists, against sayers and hearers of mass and against Jesuits, seminary priests and against excommunicated persons for papistry or for resetting of Jesuits and excommunicated papists, and against the resetters of the foresaid persons, or any of them, in the whole heads and articles thereof, and specially without prejudice of the generality foresaid, ratify and approve the act of parliament made by his majesty's father of blessed memory in the 13th parliament, chapter 164 and the 14th parliament, chapters 193, 194 and the act made in the 20th parliament, chapter 5, in the whole heads and articles thereof, and declare that witting and willing resetting of the persons foresaid shall be understood to be committed by those who (after lawful intimation to be made at the head burgh of the shire where they dwell and make their residence for the most part, and at the market cross of Edinburgh of the names of the Jesuits, seminary priests and excommunicated persons for the causes foresaid) reset the persons foresaid by the space of three nights together, or three nights at several times, which is the manner of the intimation prescribed by the said 13th parliament, chapter 164 and by the said 20th parliament, chapter 5, and that the person resetters in manner foresaid shall be liable to the pain and punishment contained in the said acts, without further verifying of their notice and knowledge except the intimation foresaid; and also declare that the said acts of parliament, ratified as said is, shall comprehend not only men but women of all quality, and that they and their resetters shall be liable to the pains contained therein. And likewise the estates ratify and approve the act of parliament made by his majesty's father in the 16th parliament, chapter 17, entitled 'Act regarding non communicants', and ordain every person non communicant to be liable to the pains contained therein†; and will and ordain all ministers within their parishes and all presbyteries within their presbyteries to take trial and cognition of the premises, and that as fully as the bishops or archbishops might have done by the foresaid acts or any of them, and abrogate the said acts in so far as any power is thereby granted to the said archbishops and bishops regarding the premises.
[1640/6/25]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, ratify and approve the act of the lords of council and session made at Edinburgh, 31 March 1639, whereof the tenor follows: The which day the lords of council and session, being petitioned by some of his majesty's lieges to provide remedy against the prejudice sustained by them through the exportation of the signet out of this kingdom, and thereupon taking to their consideration the many great inconveniences redounding to this realm and whole lieges thereof, and manifestly ensuing by the transporting of the signet not only from the place of residence of the said lords, but outwith the bounds of the kingdom into England without any reason or example, therefore, after mature deliberation, they have statute and ordained and, for remedy of the said heavy prejudice, statute and ordain that all summons, letters, charges, suspensions, signatures or other writs whatsoever which by the law and custom of this realm used to pass the said signet, shall be presented to George Hadden, writer to the signet, and the ordinary price due for the signet consigned in his hands to be made forthcoming to [William Hamilton, earl of Lanark], lord secretary, and his keepers of the signet in his name, whereupon the said George Hadden shall mark the date of the said offer beside the wax at the place customable bearing the date of the signet, and write thereupon these words: marked by me, according to act and warrant of the lords of session, and ordained to be a warrant for execution hereof, or passing through the seals, albeit it be not signed, which words he shall subscribe with his sign and subscription manual; which summons, charges, letters, suspensions, signatures or writs whatsoever so dated and subscribed by the said George Hadden shall have the same effect in all respects as if the signet were affixed thereto. And the said lords declare that the same shall be a sufficient warrant to all keepers of seals and registers, messengers of arms, pursuivants, heralds or others whatsoever for passing of the said writs through the seals, execution of the said summons, letters, charges and suspensions and doing all deeds incumbent to their office likewise and as amply and warrantably in all respects as if the same had passed the signet, and that until the said signet be returned again to Edinburgh and the same intimated to the lieges, the said George Hadden always keeping and retaining the warrants and making a minute and note thereof, and making the same, together with the prices paid thereof, forthcoming to the said lord secretary or others in his name by his warrant. And ordains this act to be intimated to all his majesty's lieges by public proclamation at the market cross of Edinburgh to be made hereupon, and this act for the full warrant of the whole premises to be enacted and recorded in their books of sederunt, which act the said estates not only ratify in manner above-specified but also ordain the said act to stand in full force and strength to the effect above-written therein specified, according to the tenor thereof foresaid, until the [...] day of [...] 16[...], and strictly inhibit and discharge all keepers of the signet in any time hereafter, for any cause or any pretended occasion whatsoever, to transport or carry the signet or any seal out of this kingdom under the pain of death and confiscation of their moveable goods.
[1640/6/26]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently convened by his majesty's special authority, considering the great abuse and profanation of the Sabbath day occasioned by the fishing of salmon on that day, whereby many people are withheld from divine exercise and are employed in the ordinary works of their calling, or otherwise have opportunity to spend their time in unlawful actions, contrary to the law of God and acts of this reformed kirk; therefore, for remedy thereof in all time coming, inhibit and discharge all manner of salmon fishing upon the Sabbath day, under the pain to the contraveners to be punished as breakers of the Sabbath day by the confiscation of the nets and fish to the benefit of the poor.