[1640/6/70]¹

Act 51

Act for planting of kirkes unprovydit with ministeres throu the patrones defaulte

The estates of parliament, presentlie conveened by his majesties speciall authoritie, considering the lamentable conditione of a great nomber of congregations lying destitut of ministeris since the assembly at Edinburghe and before by the negligence of patrones and otheris haveing intrest, to the great prejudice of the Gospell, therfor doe requyre the presbetries, with consent of the parochineris, withall diligence to plant these vacant kirkis which by the overseight of any patrones whatsoevir have lyen sex monethis wnprovydit, and ordeane the lordis of sessioune to give forth sentances and lettiris in the ordinar forme for payment of the former stipendis of these kirkis to such as the presbetries shall admitte or have allreddie admitted to the office and cuire of the ministrie in these kirkis, with consent of the parochines as saidis, while the samen former stipendis of these kirkis be changed by the lawes of the cuntrie. And it is allwayes declaired that this admissione standing good for the present intrantis there tyme is and shalbe without prejudice to the right of patronage belonging to his majestie or to ony wther kirke patrone whatsoevir, whensoevir ther kirkes shall fall to vaike.

[1640/6/71]²

Act 52

Dischairging all proxies to be admitted in parliament and that no forraine nobleman shall have place and voyce in parliament unlesse they have 10,000 merkes of land rent within the kingdome

The estates of parliament, presentlie conveened by his majesties speciall authoritie, considering how farr the dignitie, hounour and authoritie of the heighe and supreme court of parliament, which is the great counsell of this kingdome, heath beene and is licklie to be yit farther diminished and weakined by tuo reasones: one is the giveing of pouer of voycing and reassoneing to proxies and procuratouris in absence of such as are als much tyed to give ther personall judgment as there personall presence, and heath all these honnouris, ryding, sitting, reassoneing and voyceing in parliament onlie confeerred one them and there successouris personally, so that it is alse absurd that they should give power to any to reasone or voyce for them as to give any pouer to ryd and to sit in ther place of honnoure and dignitie, and it might tend to the weakineing and wtter overthrow of parliamentis; the other is the granting to strangeris, haveing tytles of honnour conferred one them, without any other intrest in this kingdome, pouer of sitting, ryding, reasoneing, consulting and voyceing in this court of parliament, whereas none should be memberis of this court but such as have interest by birth, blood or inheritance within this kingdome and so may be sensible of the prejudice or advantage falloweing the lawes and constitutiones therof. Thairfor the saidis estates statutes and ordeanes that heereftir all noblemen, viz: duikis, marqueisse, earles, vicontis and lords, shall give ther personall presence in all parliamentis and so, being personallie present, reason and advyse and voyce, and no wayes by proxies or procuratouris, but dischairgeth any such procuratour and commissionis in all tyme comeing; and that no persones shall heireftir have place or voyce in parliament as said is but such noblemen before specified and commissioneris frome shyres and burrowes as have intrest either by birth, blood or by inheritance within this kingdome and that proportionall to the honnour and dignitie they carie, which in the least proportione for everie nobleman most be ten thousand merkis by yeir of land rent, and that notwithstanding any gifts or patentis granted or to be granted to any persone whatsoevir. Suchlyke the estates foirsaidis cass and annullis all actis and constitutionis anywayes derogatorie to this present act.

[1640/6/72]³

Act 53

For supressing the distinction of spirituall and temporall lordis of sessioun

The estates of parliament, presentlie conveened by his majesties speciell authoritie, cass, annullis and reschindis that article of the first act of the fyfte parliament holdine by King James the Fyfte of woorthie memorie, anent the institutione of the colledge of justice, beiring that the lordis of counsell and sessione shall be chosine halfe spirituell, halfe temporall, and decernes and ordeanes the whole nomber to be temporall and none of theme spirituall, and the foirsaid distinctione of spirituall and temporall to be supprest and forgottin in all tyme comeing.

[1640/6/73]⁴

Act 54

Act for taking order with the abuses committed one the Sunday by the confluence of people for hyring of sheireris one Sonday

Forsameikle as the prophanatione of the Sonday is greatly occasioned in the tyme of hervest by the great confluence of people to publicke places, as portis or streets of tounes and paroch churches of landwart everie Sonday from morneing to preaching tyme for hyreing sheireris the weeke falloueing, wherof also ther aryseth sundrie tumultis, disorderis, sueiring, drinking and oftene feighting one the sabboth day. For remeed heirof, the estatis of parliament, presentlie conveened by his majesties speciall authoritie, referris and remittis the samene to be takine order with to the justices of peace and kirke sessiones where the abuse shall be committed heireftir by the confluence of the said people and hyreing of the saidis sheireris wpoun the Sonday as said is, as the saidis justices of peace and kirke sessiones shall find the saidis abuses then to be committed to deserve.

[1640/6/74]⁵

Act 55

Act dischairging the Monday market in Edinburgh, Jedburghe, Dumfreis, Brichine and Glasgowe

Forsameikle as the estates of parliament, presentlie conveened by his majesties speciall authoritie, are informed and wnderstand that travelling wpoun the Sonday and prophanatione of that day is greatly occasioned by the mercatis holdine weekelie upoun the Monday in Edinburgh, Jedburghe, Drumfreis, Brichine and Glasgow, and that the leiges resorting from the cuntrie to the saidis markatis wpoun the Monday are distracted from Godis publicke worshipe one the Soneday, and are constraned to travell all the Sunday for keeping of the Monday marketis respective foirsaidis, for remeed wherof the saidis estates of parliament have dischairged and simply dischairges all merketis upon Monday to be any wayes keeped in the burghes of Jedburghe, Dumfreis and Brichin intymecomeing, and appoyntes, chairges and ordeanes the samene marketis which ware in tyme bygone keeped and holdin weeklie wpoun the Monday in the saidis burghes of Jedburghe, Dumfreis and Brichine to be heireftir keeped and holdine weeklie in Jedburghe wpon Tuysday and in Dumfreis and Brichine weeklie wpoun Weddinsday. And also the saidis estatis foirsaidis dischairges all markettis within the burghe of Glasgowe to be keeped or holdine heirefter wpoun the Monday for selling, buying or making market of horses or wther quicke bestiall meale brought to Glasgowe market wpoun Monday from burrowstounes as Stirveling, Faukirke and other remot places wher men may not come frome there owne houses in the morneing to the houre of the merkat with ther saidis commodities; item, the beere market and all craftsmene worke brought to be sold in market asweell by frie as wnfrie persones; item, all market for salt brought from the salt panes wpoun Forth; the market for salt, butter keeping, cheise and timber of all sortes which is brought wpe the river of Clyde to the toune of Glasgowe, and ordeanes and appoyntes the market for the particular goodis foirsaidis to be keeped heirefter weeklie within the burghe of Glasgowe wpon the Weddinsday. And in lykemaner the saidis estates of parliament dischairges all market to be keeped and haldine heireftir within the burghe of Edinburghe wpoun the Monday for wooll, butter, cheese, skinnes, hydis, shoone, and generallie dischairges all marketis in Edinburghe wpon Monday of all wnfree mens worke brought in to be sold in Edinburghe wpoun the Monday in any tyme heireftir, but ordeines and appoyntes the merkat to these goodis and merchandyce particularlie and generallie befor rehearsit to be keeped and holdine weeklie wpoun the Weddinsday within the said burghe of Edinburghe in tymecomeing, in the same maner and alse freilie in all respectis as the market therof heath beene keeped one the Monday in tymesbygone. And therfor ordeanes the saidis leiges to keepe and attend the said markat dayes respective befor rehearsed as the samene are now appoynted to be keiped within the burghes of Edinburgh, Glasgow, Dumfreis, Jedburghe and Brichine, and to resort and repair therto weeklie as they shall have occasione, sickelyke and in the samene maner as they ware in use to repaire to the Monday merkettis within the saidis burghes befor the dischairging therof. And also ordeanes the magistratis of the saidis burghes to sie the merketis keeped and holdine in ther saidis burghes wpoun the dayes heerby appoynted and that no markettis be keeped wpoun the Mondayes for the goodis heerby dischairged in tymecomeing. And last the saidis estates of parliament dischairges and prohibits all markettis and trystis to bee keeped heirefter wpoun Sonday throughout all this kingdome and dischairges all the leiges from all keepeing therof wpon Sonday heereftir, and ordeanes this act to stand in full force as a law whill the nixt assembly, that the inconvenientes redounding heerby to the leiges being represented to that assembly may consider therof, and as they find the same sufficient they may supplicat the nixt ensueing parliament to reschind this act in whole or in pairt as after tryell it shall be fund hurtfull to the leiges.