Proclamation, 25 January 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

Att Edinburgh The Twenty Fifth Day of January Jaj vjc nyntie Eight years

A1698/1/241

Proclamation

Proclamation Anent Prophaneness

The Proclamation underwritten Being Read was votted approven and signed wherof the Tenor follows.
William By the Grace of God King of great Brittain France and Ireland Defender of the faith; To […] Macers of our privy Councill messengers att armes our sheriffs in that part Conjunctlie and Severallie specialy Constitute Greeting: Forasmuchas notwithstanding of the many good Laws and acts of Parliament made against profanness and for the Restraining and Suppressing of vice and Immorality The same doe still abound to the Great Dishonour of God, The Reproach of the True protestant Religion, And to the hurt and prejudice of the peace and Government of the Realm, And wee Being Resolved as it hath always been our Care To have these Laws and acts of parliament put to due and vigorous Execution And Conceaving that the Printing and publishing of ane Abbreviat of the saids Acts duely Collected, and Laid together for the Better Information and Instruction of all our Judges, officers and ministers of the Law. And also of all our other Good Subjects, may be of special use and Advantage for ther Better observation and Execution according to ther full Tenor and Intent Therfore and In answer to the Ane Address presented To the Lords of our privy Councill By the Commissioners of the Late Generall Assembly of this Church for that Effect Wee with advice of the saids Lords of our privy Councill have thought fitt and doe heirby appoint the Abbreviat and List of the saids acts hereto subjoined to be printed and duely published att all the mercat Crosses of the head Burghs of the Shires, Stewartries, Regalities and Bailiaries of this Realm And farder That in all Tyme Coming this present proclamation with the Abbreviat and List thereto Subjoined be publickly Read Twice Every year in all the Parish Churches and Congregations within this Kingdom To witt on the Lords day after Each Term of Whitsunday and Martimass yearly after the forenoon Sermon and Before the Dissolving of the Congregation And That all Presbeteries Be Carefull to have this publication Constantly and Solemnly made in all Churches within their Bounds with Suitable and pertinent Exortationes as they will be answerable. And wee peremptorly Command and Charge all Judges Magistrats and officers of the Law whatsoever each of them within their Bounds and Jurisdictions. and as they are therto Respectively Impowred to be Carefull To putt the forsaids Laws above and aftermentioned To due and Exact Execution upon ther highest perrill: Follows the List and abbreviat of the Laws against prophanness and for suppressing of vice and Immorality. Im primis act Twenty one, Charles Second, Parliament first, Session first, Intituled act against the Crime of Blasphemy That whosoever not being Distractid In his Witts, shall Rail upon or Curse God, or any of the persons of the Blessed Trinity, shall be processed before the Chief Justice, And Being found Guilty shall be punished with Death, as also whosoever shall Deny God, or any of the persons of the Blessed Trinity, and obstinately Continue therein Being processed and found guilty shall be punished with Death Item the Act of our first parliament session fifth Chapter Eleventh Ratifieing the forsaid Act, And farder statuting That whoever hereafter shall in ther writing or Discourse Deny Impugn or quarrell argue or Reason against the Being of God or any of the persons of the Blessed Trinity or the authority of the holy Scriptures of the old and new Testament or the providence of God In the Government of the world shall for the first fault be punished with Imprisonment ay and while they give publick Satisfaction to the Congregation In which the Scandal was Committed. And for the second Fault the Delinquent shall be fined In a years valued Rent of his Real Estate and the Twenty part of his free personal Estate. The Equall half of which fines to be applied to the poor of the Parish where the Crime shall be Committed and the other half to the Informer Besides his Being Imprisoned ay and while he make satisfaction again as above. And for the Third fault He shall be punished by Death as ane obstinate Blasphemer and all magistrats and ministers of the Law and Judges of this Kingdom are authorized and Required to putt this act In Execution as to the first fault, as are all Sheriffs, Stewarts Bailies of Bailiaries and Regalities and their Deputes and magistrats of Burghs to putt the same in Execution as to the second fault Remitting the Execution therof as to the third fault To the Lords of his Majesties Justiciary. Secundo all Laws and acts of parliament made against Cursing and Swearing as act Queen Mary Parliament Fifth Caput Sixteenth whereby Its statute That whosoever shall swear abominable oaths and detestable Execrationes shall be punished with the pecuniary Mulcts and other pains Contained In the said act. Act James Sixth Parliament seventh Caput one Hundred and Third Ratifieing the forsaid act with the Augmentation of the paines and that Censures be appointed in the mercat places of all Burrows and other publict fairs with power to putt the swearers of abominable Oaths In ward, while they have payed the saids Pains, and find Surety to abstain in tyme Coming and that by Direction and Commission of the Sheriffs Stewarts Bailies Provosts, Baillies of Burrows Lords of Regalities and other ordinary officers. And that all House-holders Delate To the Magistrats the names of the Transgressours of this present act within ther Houses, That they may be punished under the pain to be Esteemed and punished as offenders themselves. And that if the saids Magistrats be Remiss or negligent in the Execution of this Act. They shall upon Complaint be Called Before us and our privy Councill and Committed to ward During pleasure and find surety under Great pains att our Sight for ther Exact Diligence In Executing The said Act therafter. Act Charles Second Parliament First, Session first, Caput Ratifieing and approving all acts of parliament against all manner of Cursing and Swearing And farder Declaring That Each person who shall Blaspheme Swear or Curse shall be lyable In the pains following, Each nobleman in Twenty pounds Scots Each Barron In Twenty merks Each Gentleman Haretor or Burgess in Ten merks Each yeaman in fourty Shilling Scots Each servant in Twenty Shilling Toties quoties, Each minister In the fifth part of his yearly Stipend and if the party offender be not able to pay the penalties forsaid Then to be Exemplary punished In his Body according to the meritt of his fault And this act is again Ratified Charles second, Parliament second, session Third Caput Twenty Two which Contains a Distinct and particular method How and by whom it shall be Execute: Tertio All Laws and acts of Parliament, For observation of the Sabath or Lords-day, as act James Sixth, Parliament Sixth, Caput Seventy one, That there be no mercat nor fairs holden upon the Sabbath Day nor yet within the Kirk or Kirk yeards that day or any other Day and that no handy Labour be used upon the Sabbath Day under the pain of Ten Shilling Scots And That no Gaming playing passing to the Taverns and Ale-houses or selling of meat or Drink or willlfull Remaining from the paroch Kirk in tyme of sermon or prayers uppon the Sabbath-day be used under the pains of Twenty Shilling Scots And who Refuse or are unable to pay the saids pains shall be putt and holden In the Stocks or such other Engyne devised for publick punishment By the space of Twenty four hours. And This Act as to the Discharging of fairs and mercats holden on Sabbath Days Ratified James Sixth Parliament Thirteenth Caput one Hundred and fiftie nyne and again Ratified against These who prophan the Sabbath-day by selling or presenting goods to be sold upon the said day2 the pain of the Third Transgression, Declared To be Escheat of ther hail Goods and punishment of their persons at our will. James Sixth, Parliament Fourteinth. Caput one Hundred and nynty Eight. Item Act Eighteenth Charles Second, Parliament first, Entituled act for the Due observation of the Sabbath Day Ratifieing and approving all former Acts of parliament made for observation of the Lords-day and against the Breakers thereof, And Discharging all going of Salt-panns Milns or Kilns under the pain of Twenty Pounds Scots To be payed by the heritors and possessors thereof and all Salmond fishing hyreing of Shearers Carrieing of Loads Keeping of mercats or using of merchandize on the said Day and all other prophanations thereof under the pain of Ten pounds Scots The one half thereof to be payed by the said Fisher and shearer hyred and the other half by the persones hyring and if the offender be not able to pay the saids penalties That he be Exemplary punished in his Body according To the meritt of his Fault, And this Act Ratified Charles Second, Parliament Second, Session Third Caput Twenty Two. Quarto. The Act Charles Second Parliament first, Session first Caput Twenty Intituled act against Cursing and Beating of Parents Whereby It is Statute That whosoever Son or Daughter above the age of Sixteen years, not being distracted shall Beat or Curse Either their father or mother shall be putt to Death without mercy And such as are within the age of sixteen years and past the age of pupillarity to be punished att the Arbitriment of the Judge according to their Deserving. Quinto All Acts against Drunkards and Excessive Drinking such as the act James Sixth, Parliament Twenty Two Caput wherby It is Statute That all persons Convict of Drunkenness or of haunting of Taverns or Ale-houses after Ten hours att night or any tyme In the Day Except the Tyme of Travel or for ordinary Refreshment shall for the first fault pay Three pounds or if unable or Refusing be putt in Joggs or prison for the space of six houres for the second fault Five pounds or if unable or Refusing to be Kept In stocks or prison for the Space of Twelve houres And for the Third fault to pay Ten pounds or in caice forsaid to be Keeped In stocks or Prison for the space of Twenty Four hours, if they Transgress therafter To Be Committed to prison till they find Caution for ther good Behaviour. Item The Act Charles second Parliament first, session first, Caput ninteenth Ratifieing all the former Acts against Excessive Drinking. Declaring That whosoever shall Drink unto Excess shall be lyable Each nobleman in Twenty pounds Scots Each Barron in Twenty merks, Each Gentleman Heretor or Burgiss in Ten merks Each yeaman in fourty shilling each servant In Twenty shilling Scots toties quoties Each minister in the Fifth part of his years Stipend, and that the offender unable to pay the forsaids penalties be Exemplary punished in his Body according to the meritt of his fault. Sexto. The Laws and acts of parliament made against Adulterers as Queen Mary Parliament fifth Caput Twenty wherby it is Statute that manifest and Incorriible Adultery after the process of Holy-Kirk sua farr as the samen may Extend is used upon them for ther Dissobedience and Contemption Be Denunced Rebells and putt to the horn and all thir moveables Inbrought as Escheat And no Apellation Interponed fra the said Censures of holy-Kirk To suspend the horning Act Queen Mary Parliament ninth Caput seventy four. That all nottour and manifest Committers of Adultery be punished with all rigor unto the Death as well the woman as the man after due Monition to abstain fra the said nottour Crime And that for other Adultrey The acts and Laws made therupon of Before be putt to Execution with all Rigor. And the Act James Sixth, Parliament seventh, Caput one Hundreth and fifth, wherby it is Declared That it shall be Judged nottour and manifest Adultrey worthy of the pain of Death whoever his Bairns one or more procreat Betwixt the persons Adulterers or when they Keep Company in Bed Together nottoriously Known or when they are suspect of Adultrey and duly admonished by the Kirk to abstain and Satisfie the Kirk by Repentance and purgation yet Contemptuously Refusing are Excommunicate for thir obstinacy. Septimo all Laws and acts of parliament made against fornication as act James Sixth parliament first Caput Thirteenth. Statuting that who shall Committ the filthy vice of fornication shall for the first fault as well the man as the woman pay the soume of fourty pounds or then both he and she shall be Imprisoned for the space of Eight days there food to be Bread and Small Drink and therafter presinted to the mercat place of the Town or parish Bare-headed shall there stand fastened that they may not remove for the space of Two Houres For the second fault the summe of Ane Hundered merks or then the forenamed days of their Imprisonment shall be Doubled ther food to be Bread and Water allenarly and thirafter shall be presented to the mercat place and the heads of Both the man and the woman To be shaven. And for the Third fault one Hundered pounds or Else the Above Imprisonment to be tripled ther food to be Bread and water allenarly. And Therafter To be Taken to the Deepest and foulist pool of water of the Town or paroch And There be Dunked and thereafter Banished the said Town and paroch for Ever. And how oft any person shall be Convict thereafter of the said vice of Fornication That so oft the Third penalty be Execute upon them. Item The Act Charles second parliament first session first. Caput Threttie Eight Impowring the Justices of peace to putt In Execution acts of parliament for punishing the persones Guilty of fornication And That they cause them pay the Pecunial soumes following Each nobleman for the first fault four hundred pounds Each Barron Two hundred pounds Each other Gentleman or Burges Ane Hundred pounds Every other person of Inferior Quality Ten pounds Scots money and that the penalties be Doubled to this according to the Relapses and Degrees of the offence and quality of the offenders. And That they be payed not only By the man byt also by the Woman according to her quality and the Degree of her offence The one without prejudice of the other. Item The said Act Charles Second parliament first Session first Caput Thirty Eight. Statutes That the Justices of peace putt in Execution all acts of parliament for punishing all persones who shall be mockers or Reproachers of piety or the Exercise therof and Cause them pay the penalties Contained in the forementioned act of parliament against profane swearing. Item The Act of our first parliament Session first Caput Thirteenth, Intituled act against Prophaneness Strictly Requiring and Enjoyning That all sheriffs and ther Deputes Stewarts and ther Deputes Bailies of Bailiaries and Regalities and ther Deputs Magistrats of Burghs Royall and Justices of peace within whose Bounds any of the saids Sins of Cursing Swearing Drunkenness, fornication Prophanation of the Lords-day and mocking and Reproaching of Religion shall happen to be Committed To putt the saids acts to Exact and punctual Execution att all Tymes without necessity of any Dispensation and against all persons whither officers souldiers or others without Exception. Certifieing That such of the said Judges as shall refuse neglect or Delay to put the Laws made against the saids Sins in Execution upon Application of any minister or Kirk-session or any person in ther name offering Information and sufficient Probation shall toties quoties be Subject and Lyable To a fine of Ane Hundred pounds Scots for which They may be punished at the Instance of the Agent for the Kirk or minister of the paroch by Summar process without the order of the Roll. Item The Twenty one Act of the second session of the Current Parliament Dated The Nynteenth of July Jaj vic nyntie. Intituled act anent murdering of Children. Wherby it is Statute That if any woman shall Conceal her Being with Child During the whole space and shall not Call for and make use of help and assistance In the Birth, The Child being found Dead or a missing The mother shall be repute the murderer of her own Child, Tho ther be no appearance of Bruise or Wound upon the Body of the Child. All which acts abovementioned are heirby ordered to be published only for superabundance and the Better Information of our Leiges with the Least Derogation to other acts or Laws not published In this manner. Our Will is Heirfore And wee Charge yow Strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the Remanent mercat Crosses of the heads Burghs of the severall shires and stewartries within this Kingdom and in our name and authority make publication hereof, That none may pretend Ignorance And wee ordain our Solicitor to Dispatch Copies hereof To the Sheriffs of the several Shires and Stewarts of Stewarties and ther deputs or Clerks, to be by them published att the Mercat Crosses of the head Burghs upon Receit therof And immediately sent to the several ministers To the Effect the same may be Read and Intimate att ther paroch Churches upon the Lords Day Immediately following the publication hereof att the saids mercat Crosses. And ordains these presents to be printed and published in manner forsaid Given under our Signet att Edinburgh The Twenty Fifth Day of January and of our Reign the ninth year 1698 sic subscribitur.

Att Edinburgh The Twenty Fifth Day of January Jaj vjc nyntie Eight years

A1698/1/241

Proclamation

Proclamation Anent Prophaneness

The Proclamation underwritten Being Read was votted approven and signed wherof the Tenor follows.
William By the Grace of God King of great Brittain France and Ireland Defender of the faith; To […] Macers of our privy Councill messengers att armes our sheriffs in that part Conjunctlie and Severallie specialy Constitute Greeting: Forasmuchas notwithstanding of the many good Laws and acts of Parliament made against profanness and for the Restraining and Suppressing of vice and Immorality The same doe still abound to the Great Dishonour of God, The Reproach of the True protestant Religion, And to the hurt and prejudice of the peace and Government of the Realm, And wee Being Resolved as it hath always been our Care To have these Laws and acts of parliament put to due and vigorous Execution And Conceaving that the Printing and publishing of ane Abbreviat of the saids Acts duely Collected, and Laid together for the Better Information and Instruction of all our Judges, officers and ministers of the Law. And also of all our other Good Subjects, may be of special use and Advantage for ther Better observation and Execution according to ther full Tenor and Intent Therfore and In answer to the Ane Address presented To the Lords of our privy Councill By the Commissioners of the Late Generall Assembly of this Church for that Effect Wee with advice of the saids Lords of our privy Councill have thought fitt and doe heirby appoint the Abbreviat and List of the saids acts hereto subjoined to be printed and duely published att all the mercat Crosses of the head Burghs of the Shires, Stewartries, Regalities and Bailiaries of this Realm And farder That in all Tyme Coming this present proclamation with the Abbreviat and List thereto Subjoined be publickly Read Twice Every year in all the Parish Churches and Congregations within this Kingdom To witt on the Lords day after Each Term of Whitsunday and Martimass yearly after the forenoon Sermon and Before the Dissolving of the Congregation And That all Presbeteries Be Carefull to have this publication Constantly and Solemnly made in all Churches within their Bounds with Suitable and pertinent Exortationes as they will be answerable. And wee peremptorly Command and Charge all Judges Magistrats and officers of the Law whatsoever each of them within their Bounds and Jurisdictions. and as they are therto Respectively Impowred to be Carefull To putt the forsaids Laws above and aftermentioned To due and Exact Execution upon ther highest perrill: Follows the List and abbreviat of the Laws against prophanness and for suppressing of vice and Immorality. Im primis act Twenty one, Charles Second, Parliament first, Session first, Intituled act against the Crime of Blasphemy That whosoever not being Distractid In his Witts, shall Rail upon or Curse God, or any of the persons of the Blessed Trinity, shall be processed before the Chief Justice, And Being found Guilty shall be punished with Death, as also whosoever shall Deny God, or any of the persons of the Blessed Trinity, and obstinately Continue therein Being processed and found guilty shall be punished with Death Item the Act of our first parliament session fifth Chapter Eleventh Ratifieing the forsaid Act, And farder statuting That whoever hereafter shall in ther writing or Discourse Deny Impugn or quarrell argue or Reason against the Being of God or any of the persons of the Blessed Trinity or the authority of the holy Scriptures of the old and new Testament or the providence of God In the Government of the world shall for the first fault be punished with Imprisonment ay and while they give publick Satisfaction to the Congregation In which the Scandal was Committed. And for the second Fault the Delinquent shall be fined In a years valued Rent of his Real Estate and the Twenty part of his free personal Estate. The Equall half of which fines to be applied to the poor of the Parish where the Crime shall be Committed and the other half to the Informer Besides his Being Imprisoned ay and while he make satisfaction again as above. And for the Third fault He shall be punished by Death as ane obstinate Blasphemer and all magistrats and ministers of the Law and Judges of this Kingdom are authorized and Required to putt this act In Execution as to the first fault, as are all Sheriffs, Stewarts Bailies of Bailiaries and Regalities and their Deputes and magistrats of Burghs to putt the same in Execution as to the second fault Remitting the Execution therof as to the third fault To the Lords of his Majesties Justiciary. Secundo all Laws and acts of parliament made against Cursing and Swearing as act Queen Mary Parliament Fifth Caput Sixteenth whereby Its statute That whosoever shall swear abominable oaths and detestable Execrationes shall be punished with the pecuniary Mulcts and other pains Contained In the said act. Act James Sixth Parliament seventh Caput one Hundred and Third Ratifieing the forsaid act with the Augmentation of the paines and that Censures be appointed in the mercat places of all Burrows and other publict fairs with power to putt the swearers of abominable Oaths In ward, while they have payed the saids Pains, and find Surety to abstain in tyme Coming and that by Direction and Commission of the Sheriffs Stewarts Bailies Provosts, Baillies of Burrows Lords of Regalities and other ordinary officers. And that all House-holders Delate To the Magistrats the names of the Transgressours of this present act within ther Houses, That they may be punished under the pain to be Esteemed and punished as offenders themselves. And that if the saids Magistrats be Remiss or negligent in the Execution of this Act. They shall upon Complaint be Called Before us and our privy Councill and Committed to ward During pleasure and find surety under Great pains att our Sight for ther Exact Diligence In Executing The said Act therafter. Act Charles Second Parliament First, Session first, Caput Ratifieing and approving all acts of parliament against all manner of Cursing and Swearing And farder Declaring That Each person who shall Blaspheme Swear or Curse shall be lyable In the pains following, Each nobleman in Twenty pounds Scots Each Barron In Twenty merks Each Gentleman Haretor or Burgess in Ten merks Each yeaman in fourty Shilling Scots Each servant in Twenty Shilling Toties quoties, Each minister In the fifth part of his yearly Stipend and if the party offender be not able to pay the penalties forsaid Then to be Exemplary punished In his Body according to the meritt of his fault And this act is again Ratified Charles second, Parliament second, session Third Caput Twenty Two which Contains a Distinct and particular method How and by whom it shall be Execute: Tertio All Laws and acts of Parliament, For observation of the Sabath or Lords-day, as act James Sixth, Parliament Sixth, Caput Seventy one, That there be no mercat nor fairs holden upon the Sabbath Day nor yet within the Kirk or Kirk yeards that day or any other Day and that no handy Labour be used upon the Sabbath Day under the pain of Ten Shilling Scots And That no Gaming playing passing to the Taverns and Ale-houses or selling of meat or Drink or willlfull Remaining from the paroch Kirk in tyme of sermon or prayers uppon the Sabbath-day be used under the pains of Twenty Shilling Scots And who Refuse or are unable to pay the saids pains shall be putt and holden In the Stocks or such other Engyne devised for publick punishment By the space of Twenty four hours. And This Act as to the Discharging of fairs and mercats holden on Sabbath Days Ratified James Sixth Parliament Thirteenth Caput one Hundred and fiftie nyne and again Ratified against These who prophan the Sabbath-day by selling or presenting goods to be sold upon the said day2 the pain of the Third Transgression, Declared To be Escheat of ther hail Goods and punishment of their persons at our will. James Sixth, Parliament Fourteinth. Caput one Hundred and nynty Eight. Item Act Eighteenth Charles Second, Parliament first, Entituled act for the Due observation of the Sabbath Day Ratifieing and approving all former Acts of parliament made for observation of the Lords-day and against the Breakers thereof, And Discharging all going of Salt-panns Milns or Kilns under the pain of Twenty Pounds Scots To be payed by the heritors and possessors thereof and all Salmond fishing hyreing of Shearers Carrieing of Loads Keeping of mercats or using of merchandize on the said Day and all other prophanations thereof under the pain of Ten pounds Scots The one half thereof to be payed by the said Fisher and shearer hyred and the other half by the persones hyring and if the offender be not able to pay the saids penalties That he be Exemplary punished in his Body according To the meritt of his Fault, And this Act Ratified Charles Second, Parliament Second, Session Third Caput Twenty Two. Quarto. The Act Charles Second Parliament first, Session first Caput Twenty Intituled act against Cursing and Beating of Parents Whereby It is Statute That whosoever Son or Daughter above the age of Sixteen years, not being distracted shall Beat or Curse Either their father or mother shall be putt to Death without mercy And such as are within the age of sixteen years and past the age of pupillarity to be punished att the Arbitriment of the Judge according to their Deserving. Quinto All Acts against Drunkards and Excessive Drinking such as the act James Sixth, Parliament Twenty Two Caput wherby It is Statute That all persons Convict of Drunkenness or of haunting of Taverns or Ale-houses after Ten hours att night or any tyme In the Day Except the Tyme of Travel or for ordinary Refreshment shall for the first fault pay Three pounds or if unable or Refusing be putt in Joggs or prison for the space of six houres for the second fault Five pounds or if unable or Refusing to be Kept In stocks or prison for the Space of Twelve houres And for the Third fault to pay Ten pounds or in caice forsaid to be Keeped In stocks or Prison for the space of Twenty Four hours, if they Transgress therafter To Be Committed to prison till they find Caution for ther good Behaviour. Item The Act Charles second Parliament first, session first, Caput ninteenth Ratifieing all the former Acts against Excessive Drinking. Declaring That whosoever shall Drink unto Excess shall be lyable Each nobleman in Twenty pounds Scots Each Barron in Twenty merks, Each Gentleman Heretor or Burgiss in Ten merks Each yeaman in fourty shilling each servant In Twenty shilling Scots toties quoties Each minister in the Fifth part of his years Stipend, and that the offender unable to pay the forsaids penalties be Exemplary punished in his Body according to the meritt of his fault. Sexto. The Laws and acts of parliament made against Adulterers as Queen Mary Parliament fifth Caput Twenty wherby it is Statute that manifest and Incorriible Adultery after the process of Holy-Kirk sua farr as the samen may Extend is used upon them for ther Dissobedience and Contemption Be Denunced Rebells and putt to the horn and all thir moveables Inbrought as Escheat And no Apellation Interponed fra the said Censures of holy-Kirk To suspend the horning Act Queen Mary Parliament ninth Caput seventy four. That all nottour and manifest Committers of Adultery be punished with all rigor unto the Death as well the woman as the man after due Monition to abstain fra the said nottour Crime And that for other Adultrey The acts and Laws made therupon of Before be putt to Execution with all Rigor. And the Act James Sixth, Parliament seventh, Caput one Hundreth and fifth, wherby it is Declared That it shall be Judged nottour and manifest Adultrey worthy of the pain of Death whoever his Bairns one or more procreat Betwixt the persons Adulterers or when they Keep Company in Bed Together nottoriously Known or when they are suspect of Adultrey and duly admonished by the Kirk to abstain and Satisfie the Kirk by Repentance and purgation yet Contemptuously Refusing are Excommunicate for thir obstinacy. Septimo all Laws and acts of parliament made against fornication as act James Sixth parliament first Caput Thirteenth. Statuting that who shall Committ the filthy vice of fornication shall for the first fault as well the man as the woman pay the soume of fourty pounds or then both he and she shall be Imprisoned for the space of Eight days there food to be Bread and Small Drink and therafter presinted to the mercat place of the Town or parish Bare-headed shall there stand fastened that they may not remove for the space of Two Houres For the second fault the summe of Ane Hundered merks or then the forenamed days of their Imprisonment shall be Doubled ther food to be Bread and Water allenarly and thirafter shall be presented to the mercat place and the heads of Both the man and the woman To be shaven. And for the Third fault one Hundered pounds or Else the Above Imprisonment to be tripled ther food to be Bread and water allenarly. And Therafter To be Taken to the Deepest and foulist pool of water of the Town or paroch And There be Dunked and thereafter Banished the said Town and paroch for Ever. And how oft any person shall be Convict thereafter of the said vice of Fornication That so oft the Third penalty be Execute upon them. Item The Act Charles second parliament first session first. Caput Threttie Eight Impowring the Justices of peace to putt In Execution acts of parliament for punishing the persones Guilty of fornication And That they cause them pay the Pecunial soumes following Each nobleman for the first fault four hundred pounds Each Barron Two hundred pounds Each other Gentleman or Burges Ane Hundred pounds Every other person of Inferior Quality Ten pounds Scots money and that the penalties be Doubled to this according to the Relapses and Degrees of the offence and quality of the offenders. And That they be payed not only By the man byt also by the Woman according to her quality and the Degree of her offence The one without prejudice of the other. Item The said Act Charles Second parliament first Session first Caput Thirty Eight. Statutes That the Justices of peace putt in Execution all acts of parliament for punishing all persones who shall be mockers or Reproachers of piety or the Exercise therof and Cause them pay the penalties Contained in the forementioned act of parliament against profane swearing. Item The Act of our first parliament Session first Caput Thirteenth, Intituled act against Prophaneness Strictly Requiring and Enjoyning That all sheriffs and ther Deputes Stewarts and ther Deputes Bailies of Bailiaries and Regalities and ther Deputs Magistrats of Burghs Royall and Justices of peace within whose Bounds any of the saids Sins of Cursing Swearing Drunkenness, fornication Prophanation of the Lords-day and mocking and Reproaching of Religion shall happen to be Committed To putt the saids acts to Exact and punctual Execution att all Tymes without necessity of any Dispensation and against all persons whither officers souldiers or others without Exception. Certifieing That such of the said Judges as shall refuse neglect or Delay to put the Laws made against the saids Sins in Execution upon Application of any minister or Kirk-session or any person in ther name offering Information and sufficient Probation shall toties quoties be Subject and Lyable To a fine of Ane Hundred pounds Scots for which They may be punished at the Instance of the Agent for the Kirk or minister of the paroch by Summar process without the order of the Roll. Item The Twenty one Act of the second session of the Current Parliament Dated The Nynteenth of July Jaj vic nyntie. Intituled act anent murdering of Children. Wherby it is Statute That if any woman shall Conceal her Being with Child During the whole space and shall not Call for and make use of help and assistance In the Birth, The Child being found Dead or a missing The mother shall be repute the murderer of her own Child, Tho ther be no appearance of Bruise or Wound upon the Body of the Child. All which acts abovementioned are heirby ordered to be published only for superabundance and the Better Information of our Leiges with the Least Derogation to other acts or Laws not published In this manner. Our Will is Heirfore And wee Charge yow Strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and to the Remanent mercat Crosses of the heads Burghs of the severall shires and stewartries within this Kingdom and in our name and authority make publication hereof, That none may pretend Ignorance And wee ordain our Solicitor to Dispatch Copies hereof To the Sheriffs of the several Shires and Stewarts of Stewarties and ther deputs or Clerks, to be by them published att the Mercat Crosses of the head Burghs upon Receit therof And immediately sent to the several ministers To the Effect the same may be Read and Intimate att ther paroch Churches upon the Lords Day Immediately following the publication hereof att the saids mercat Crosses. And ordains these presents to be printed and published in manner forsaid Given under our Signet att Edinburgh The Twenty Fifth Day of January and of our Reign the ninth year 1698 sic subscribitur.

1. NRS, PC1/51, 337-44.

2. One word obscured here by ink stain

1. NRS, PC1/51, 337-44.

2. One word obscured here by ink stain