[1640/6/70]¹

Act 51

Act for planting of kirks unprovided with ministers through the patrons' default

The estates of parliament, presently convened by his majesty's special authority, considering the lamentable condition of a great number of congregations lying destitute of ministers since the assembly at Edinburgh and before by the negligence of patrons and others having interest, to the great prejudice of the Gospel, therefore do require the presbyteries, with consent of the parishioners, with all diligence to plant these vacant kirks which by the oversight of any patrons whatsoever have lain six months unprovided, and ordain the lords of session to give forth sentences and letters in the ordinary form for payment of the former stipends of these kirks to such as the presbyteries shall admit or have already admitted to the office and cure of the ministry in these kirks, with consent of the parishes as said is, until the same former stipends of these kirks be changed by the laws of the country. And it is always declared that this admission standing good for the present entrants their time is and shall be without prejudice to the right of patronage belonging to his majesty or to any other kirk patron whatsoever, whensoever their kirks shall fall vacant.

[1640/6/71]²

Act 52

Discharging all proxies to be admitted in parliament and that no foreign nobleman shall have place and voice in parliament unless they have 10,000 merks of land rent within the kingdom

The estates of parliament, presently convened by his majesty's special authority, considering how far the dignity, honour and authority of the high and supreme court of parliament, which is the great council of this kingdom, has been and is likely to be yet further diminished and weakened by two reasons: one is the giving of power of voicing and reasoning to proxies and procurators in absence of such as are as much tied to give their personal judgment as their personal presence, and have all these honours, riding, sitting, reasoning and voicing in parliament only conferred on them and their successors personally, so that it is as absurd that they should give power to any to reason or voice for them as to give any power to ride and to sit in their place of honour and dignity, and it might tend to the weakening and utter overthrow of parliaments; the other is the granting to strangers, having titles of honour conferred on them, without any other interest in this kingdom, power of sitting, riding, reasoning, consulting and voicing in this court of parliament, whereas none should be members of this court but such as have interest by birth, blood or inheritance within this kingdom and so may be aware of the prejudice or advantage following the laws and constitutions thereof. Therefore the said estates statute and ordain that hereafter all noblemen, namely: dukes, marquises, earls, viscounts and lords, shall give their personal presence in all parliaments and so, being personally present, reason and advise and voice, and in no way by proxies or procurators, but discharge any such procurator and commissions in all time coming; and that no persons shall hereafter have place or voice in parliament as said is but such noblemen before specified and commissioners from shires and burghs as have interest either by birth, blood or by inheritance within this kingdom and that proportional to the honour and dignity they carry, which in the least proportion for every nobleman must be 10,000 merks by year of land rent, and that notwithstanding any gifts or patents granted or to be granted to any person whatsoever. Likewise the estates foresaid make void and annul all acts and constitutions in any way derogatory to this present act.

[1640/6/72]³

Act 53

For suppressing the distinction of spiritual and temporal lords of session

The estates of parliament, presently convened by his majesty's special authority, make void, annul and rescind that article of the first act of the fifth parliament held by King James V of worthy memory, regarding the institution of the college of justice, bearing that the lords of council and session shall be chosen half spiritual, half temporal, and decree and ordain the whole number to be temporal and none of them spiritual, and the foresaid distinction of spiritual and temporal to be suppressed and forgotten in all time coming.

[1640/6/73]⁴

Act 54

Act for taking order with the abuses committed on Sundays by the confluence of people for hiring of shearers on Sundays

Forasmuch as the profanation of Sundays is greatly occasioned in the time of harvest by the great confluence of people to public places, such as ports or streets of towns and parish churches of countryside every Sunday from morning to preaching time for hiring shearers the week following, whereof also there arises sundry tumults, disorders, swearing, drinking and often fighting on the Sabbath day. For remedy hereof, the estates of parliament, presently convened by his majesty's special authority, refer and remit the same to be taken order with to the justices of peace and kirk sessions where the abuse shall be committed hereafter by the confluence of the said people and hiring of the said shearers upon Sundays as said is, as the said justices of peace and kirk sessions shall find the said abuses then to be committed to deserve.

[1640/6/74]⁵

Act 55

Act discharging the Monday market in Edinburgh, Jedburgh, Dumfries, Brechin and Glasgow

Forasmuch as the estates of parliament, presently convened by his majesty's special authority, are informed and understand that travelling upon Sundays and profanation of that day is greatly occasioned by the markets held weekly upon Mondays in Edinburgh, Jedburgh, Dumfries, Brechin and Glasgow, and that the lieges resorting from the country to the said markets upon the Monday are distracted from God's public worship on the Sunday, and are constrained to travel all the Sunday for keeping of the Monday markets respectively foresaid, for remedy whereof the said estates of parliament have discharged and simply discharge all markets upon Monday to be in any way kept in the burghs of Jedburgh, Dumfries and Brechin in time coming, and appoint, charge and ordain the same markets which were in time bygone kept and held weekly upon Mondays in the said burghs of Jedburgh, Dumfries and Brechin to be hereafter kept and held weekly in Jedburgh upon Tuesdays and in Dumfries and Brechin weekly upon Wednesdays. And also the said estates foresaid discharge all markets within the burgh of Glasgow to be kept or held hereafter upon Mondays for selling, buying or making market of horses or other quick bestial meal brought to Glasgow market upon Monday from burghs such as Stirling, Falkirk and other remote places where men may not come from their own houses in the morning to the hour of the market with their said commodities; item, the beer market and all craftsmen's work brought to be sold in market as well by free as unfree persons; item, all market for salt brought from the salt-pans upon the Forth; the market for salt, butter keeping, cheese and timber of all sorts which is brought up the River Clyde to the town of Glasgow, and ordain and appoint the market for the particular goods foresaid to be kept hereafter weekly within the burgh of Glasgow upon Wednesdays. And in like manner the said estates of parliament discharge all markets to be kept and held hereafter within the burgh of Edinburgh upon Mondays for wool, butter, cheese, skins, hides, shoes, and generally discharge all markets in Edinburgh upon Monday of all unfree men's work brought in to be sold in Edinburgh upon Mondays in any time hereafter, but ordain and appoint the market to these goods and merchandise particularly and generally before rehearsed to be kept and held weekly upon Wednesdays within the said burgh of Edinburgh in time coming, in the same manner and as freely in all respects as the market thereof has been kept on Mondays in times bygone. And therefore ordain the said lieges to keep and attend the said market days respectively before rehearsed as the same are now appointed to be kept within the burghs of Edinburgh, Glasgow, Dumfries, Jedburgh and Brechin, and to resort and repair thereto weekly as they shall have occasion, likewise and in the same manner as they were in use to repair to the Monday markets within the said burghs before the discharging thereof. And also ordains the magistrates of the said burghs to see the markets kept and held in their said burghs upon the days hereby appointed and that no markets be kept upon Mondays for the goods hereby discharged in time coming. And lastly, the said estates of parliament discharge and prohibit all markets and trysts to be kept hereafter upon Sundays throughout all this kingdom and discharge all the lieges from all keeping thereof upon Sunday hereafter, and ordain this act to stand in full force as a law until the next assembly, that the inconveniences redounding hereby to the lieges being represented to that assembly may consider thereof, and as they find the same sufficient they may supplicate the next ensuing parliament to rescind this act in whole or in part as after trial it shall be found hurtful to the lieges.