Discharging of markets and labouring on Sundays or playing and drinking in time of sermon, chapter 3

2Item, forasmuch as it is statute and ordained by a good and godly act made in the days of King James IV, our sovereign lord's great-grandfather of worthy memory, that there be no markets nor fairs held upon holy days nor yet within kirks or kirkyards upon holy days or other days under the pain of escheating of the goods, which act our sovereign lord and his three estates ratify and approve, and ordain the same to have effect and execution in time coming; and seeing that the Sabbath days are now commonly violated and broken, as well within burgh as to landward, to the great dishonour of God, by holding and keeping of the said markets and fairs on Sundays, using of handy labour and working thereon as on the remaining days of the week, by gaming and playing, passing to taverns and ale houses, and wilfully remaining from the parish kirk in time of sermon or prayers on the Sunday, therefore his majesty and his three estates in this present parliament statute and ordain that there be no markets nor fairs held upon the Sunday, nor yet within kirks or kirkyards that day or any other day under the pain of escheating of the goods to the use of the poor within the parishes, and likewise that no handy labouring or working be used on the Sunday, nor any gaming and playing, passing to taverns and ale houses, and selling of meat or drink, and wilfully remaining from their parish kirk in time of sermon or prayers on the Sunday be used under the pains following: that is to say, from every person for the handy labouring and working commonly used by the poorest sort, 10s, and for gaming, playing, passing to taverns and ale houses, selling of meat and drink and wilfully remaining from the parish kirk in time of sermon or prayers on the Sunday, from every person 20s, to be applied to the help and relief of the poor of the parish; and in case of the refusal or inability of any person offending in the premises to pay the said pains respectively, presently and immediately upon their apprehension or conviction after lawful trial, he or she shall be put and held in the stocks or such other engine devised for public punishment by the space of 24 hours; and for execution hereof, the king's majesty's commission of justiciary shall be granted to some person in every parish best affected and most able to perform the same at the request of the minister.

  1. NAS, PA2/12, ff.24r-v.
  2. 'P' written in margin.