<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2013-11-15</DATE>
<RESPSTMT>
<NAME>Judith Siefring</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch Z131010.pdcc.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="OX" ID="B05466">
<STC T="W">S1600</STC>
<STC T="C">R183337</STC>
<BIBNO T="oclc">51784655</BIBNO>
<VID>175059</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB REF="1" MS="y">
<HEAD>A PROCLAMATION <HI>Again&s;t Prophanene&s;s.</HI></HEAD>
<P><HI>WILLIAM</HI> by the Orace of God, King of <HI>Great-Britan, France</HI> and <HI>Ireland,</HI> Defender of the Faith; To <GAP DESC="blank"> Macers of Our Privy Council, Me&s;&s;engers at Arms, Our Sheriffs in that Part conjunctly and &s;everally, &s;pecially Con&s;titute, Greeting: FORASMUCH as, notwith&s;tanding of the many good Laws and Acts of Parliament made again&s;t Prophanene&s;s, and for the re&s;training and &s;uppre&s;&s;ing of Vice and Im|moralities, the &s;ame do &s;till abound to the great di&s;honour of God, the Re|proach of the true Prote&s;tant Religion, and to the Hurt and Prejudice of the Peace and Government of the Realm; And We being re&s;olved, as it hath alwi&s;e been Our Care, to have the&s;e Laws and Acts of Parliament put to due and vigorous Execution; And conceaving that the Printing and Pub|li&s;hing of an Abreviat of the &s;aids acts duely collected, and laid together for the better Information and In&s;truction of all Our Judges, Officers and Mini&s;ters of the Law, and al&s;o of Our other Good Subjects, may be of &s;pecial U&s;e and Advantage, for their better Ob&s;ervation and Execution, ac|cording to their full Tenor and Intent: THEREFORE, and in An&s;wer to an Addre&s;s pre&s;ented to the Lords of Our Privy Council, by the Com|mi&s;&s;ioners of the late General A&s;&s;embly of this Church for that effect; We with Advice of the &s;aids Lords of Our Privy Council, have thought fit, and do hereby appoint the Abbreviat and Li&s;t of the &s;aids Acts hereto &s;ubjoyn|ed to be Printed, and duely publi&s;hed at all the Mercat-Cro&s;&s;es of the Head-Burghs of the Shires, Stewartries, Regalities and Bailliaries of this Realm: And farder, that in all time coming, this pre&s;ent Proclamation, with the Abbreviat and Li&s;t thereto &s;ubjoyned, be publickly read twice every Year in all the Paroch Churches and Congregations within this Kingdom, to wit, on the fir&s;t Lords Day after each Term of <HI>Whit&s;unday</HI> and <HI>Martinma&s;s</HI> yearly, af|ter the Forenoons Sermon, and before the di&s;&s;olving of the Congregation; and that all Presbytries be careful to have this Publication con&s;tantly and &s;o|lemnly made in all Churches within their Bounds, with &s;uitable and pertinent Exhortations, as they will be an&s;werable; And We peremptorly Command and Charge, all Judges, Magi&s;trats and Officers of the Law what&s;oever, each of them within their Bounds and Juri&s;dictions, and as they are thereto re&s;|pectively
<PB N="2" REF="2" MS="y">impowered, to be careful to put the fore&s;aids Laws above and after|mentioned, to due and exact Execution upon their highe&s;t perril. <HI>Follows</HI> the Li&s;t and Abbreviat of the Laws again&s;t Prophanene&s;s, and for &s;uppre&s;&s;ing of Vice and Immorality. <HI>Imprimis, Act</HI> 21. <HI>Charles</HI> &s;econd, Parliament fir&s;t, Se&s;&s;ion fir&s;t, Intituled, <HI>Ast again&s;t the Crime of Bla&s;phemy,</HI> that who&s;o|ever not being di&s;tracted in his Wits, &s;hall rail upon, or Cur&s;e GOD, or any of the Per&s;ons of the Ble&s;&s;ed Trinity, &s;hall be proce&s;&s;ed before the Chief Ju&s;tice, and being found Guilty, &s;hall be puni&s;hed with death: As al&s;o who&s;oever &s;hall deny GOD, or any of the Per&s;ons of the Bli&s;&s;ed Trinity; and ob&s;tinately continue therein, being proce&s;&s;ed and found Guilty, &s;hall be pu|ni&s;hed with Death. <HI>Item,</HI> the Act of Our fir&s;t Parliament, Se&s;&s;ion fifth, <HI>cap.</HI> Eleventh, ratifying the fore&s;aid Act; And farder Statuting, that whoever hereafter &s;hall in their Writing or Di&s;cour&s;e, Deny, Impugne or Quarrel, Argue or Rea&s;on again&s;t the Beeing of GOD, or any of the Per&s;ons of the Ble&s;&s;ed Trinity, or the Authority of the Holy Scriptures of the Old and New Te&s;tament, or the Providence of GOD, in the Government of the World, &s;hall for the fir&s;t Fault be puni&s;hed with Impri&s;onment, ay and while they give publick Satisfaction in Sackcloath to the Congregation in which the Scandal was committed; And for the &s;econd Fault, the Delinquent &s;hall be fined in a vears valued Rent of his real E&s;tate, and the twenty part of his free per&s;onal E&s;tate, the equal half of which Fines to be applyed to the poor of the Pa|roch where the Crime &s;hall be committed, and the other half to the Infor|mer, be&s;ides his being impri&s;oned, ay and while he again make Satisfaction as above; And for the third Fault, he &s;hall be puni&s;hed by Death, as an ob|&s;tinat Bla&s;phemer; And all Magi&s;trats and Mini&s;ters of the Law, and Judges in this Kingdom, are Authorized and Required to put this Act in Execution as to the fir&s;t Fault, as are all Sheriffs, Stewarts, Baillies of Bailliaries and Regalities and their Deputs, and Magi&s;trats of Burghs, to put the &s;ame in Execution as the &s;econd Fault; Remitting the Execution thereof as to the third Fault, to the Lords of his Maje&s;ties Ju&s;ticiary: <HI>Secundo,</HI> All Laws and Acts of Parliament made again&s;t Cur&s;ing and Swearing, as Act Queen <HI>Mary,</HI> parliment fifth, <HI>Cap.</HI> &s;ixteenth, whereby it is Statute, that who&s;oever Swears abominable Oaths, and dete&s;table Execrations, &s;hall be puni&s;hed with the pecuniary Mulcts, and other pains contained in the &s;aid Act: Act <HI>James</HI> &s;ixth, Parliament &s;eventh, <HI>cap</HI> one hundred and third, ratifying the fore|&s;aid Act, with an Augmentation of the Pains; and that Cen&s;ors be appointed in the Mercat place of all Burrows, and other publick Fairs, with Power to put the Swearers of abominable Oaths in Ward, while they have payed the &s;aids Pains, and find Surety to ab&s;tain in time coming, and that by Direction and Commi&s;&s;ion of the Sheriffs, Stewarts, Baillies, Provo&s;ts, Baillies of Burrows Lords of Regalities, and other ordinary Officers; And that all Hou&s;e-holders delate to the Magi&s;trats, the Names of the Tran&s;gre&s;&s;ors of this pre&s;ent Act within their Hou&s;es, that they may be puni&s;hed under the pain to be e&s;teemed and puni&s;hed as Offenders them&s;elves; And that if the &s;aid Magi&s;trats be remi&s;s or negligent in the Execution of this Act, they &s;hall upon Complaint be called before us, and our Privy Council, and committed to Ward during plea&s;ure, and find Surety under great Pains, at our &s;ight, for that exact Diligence in executing the &s;aid Act thereafter, <HI>Ast Charles.</HI> 2d. <HI>Parl.</HI> 1. Se&s;&s;ion fir&s;t, <HI>Cap.</HI> nineteenth, ratifying and approving all Acts of Parliament again&s;t all manner of Curfing and Swearing. And farder declaring, that each per&s;on who &s;hall Bla&s;pheme, Swear or Cur&s;e, &s;hal be lyable in the pains following; each
<PB N="3" REF="3" MS="y">Nobleman in twenty pound <HI>&s;cots,</HI> each Baron in twenty Merks, each Gentle|man, Heretor or Burge&s;s in ten Merks, each Yeoman in fourty &s;hilling <HI>&s;cots,</HI> each Servant in twenty Shilling <HI>toties quoties,</HI> each Mini&s;ter in the fifth part of his years Stipend, and if the party Offender be not able to pay the Penalties fore&s;aid, then to be exampl<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ry puni&s;hed in his Body, according to the Merit of his Fault: And this Act is again Ratified, <HI>Charles</HI> &s;econd, Parliament &s;econd, Se&s;&s;ion Third, <HI>Cap.</HI> twenty two, which contains a di&s;tinct and particular Method, how and by whom, it &s;hall be execute. <HI>Tertio,</HI> All Laws and Acts of Parliament for Ob&s;ervation of the Sabbath or Lords Day, As Act <HI>James</HI> fixth, Parliament &s;ixth, <HI>Cap</HI> &s;eventy one; That there be no Mercats nor Fairs holden upon the Sabbath-day, nor yet within the Kirk or Kirk-yards that day, or any other day; and that no Handy-Labour be u&s;ed upon the Sabbath-Day, under the pain of Ten &s;hilling <HI>Scots;</HI> and that no Gaming, Playing, pa&s;&s;ing to Taverns and Ale Hou&s;es, or &s;elling of Meat or Drink, or wilful remaining from the Paroch kirk in time of Sermon, or Prayers, upon the Sabbath-Day be u&s;ed, under the pains of Twenty &s;hilling <HI>Scots,</HI> and who refu&s;e, or are unable to pay the &s;aids pains, &s;hall be put and holden in the Stocks, or &s;uch other Ingyne devi&s;ed for pub|lick puni&s;hment by the &s;pace of Twenty Four Hours; And this Act as to the di&s;charging of Fairs and Mercats holden on Sabbath-days, Ratifyed <HI>James</HI> the Sixth, Parliament Thirteenth, <HI>Cap</HI> one hundred and fifty nine, and again Ra|tified again&s;t the&s;e who prophane the Sabbath Day, by Selling or pre&s;enting Goods to be &s;old upon the &s;aid day, and the pain of the Third Tran&s;gre&s;&s;ion, declared to be E&s;cheat of their haill Goods and puni&s;hment of their Per&s;ons at Our Will; <HI>James</HI> &s;ixth, Parliament Fourteenth, <HI>cap.</HI> one hundred and ninety eight. <HI>Item,</HI> Act eighteenth <HI>Charles</HI> &s;econd, Parliament fir&s;t, Intituled, <HI>Act for the due Ob&s;arvation of the Sabbath-Day,</HI> Ratifying and Approving all former Acts of Parliament made for Ob&s;ervation of the Sabbath-Day, and again&s;t the Breakers thereof, and di&s;charging all going of Salt-pans, Milns or Kilns, under the pain of twenty pounds <HI>&s;cots,</HI> to be payed by the Heretors and Po&s;&s;e&s;&s;ors thereof; and all Salmond-fi&s;hing, hyring of Shearers, carrying of Loads, keep|ing of Mercats, or u&s;ing of Merchandize on the &s;aid Day, and all other Pro|phanations thereof, under the pain of Ten pounds <HI>&s;cots,</HI> the one half whereof to be payed by the &s;aid Fi&s;her, and Shearer hyred, and the other half by the per&s;ons hyring, and if the Offender be not able to pay the &s;aids penalties, that he be examplary puni&s;hed in his Body, according to the Merit of his Fault; and this Act ratified <HI>Charles</HI> 2d. Parliament &s;econd, Se&s;&s;ion third, <HI>cap.</HI> twenty two. <HI>Quarto,</HI> The Act <HI>Charles</HI> &s;econd, Parliament fir&s;t, Se&s;&s;ion fir&s;t, <HI>Cap.</HI> twenty, Intituled, <HI>Act again&s;t Cur&s;ing and Beating of Parents,</HI> whereby it is Statute, that who&s;oever Son or Daughter above the age of &s;ixteen years, not being di&s;tracted, &s;hall beat or Cur&s;e either their Father or Mother, &s;hall be put to death without Mercy, and &s;uch as are within the age of &s;ixteen years, and pa&s;t the age of pupillarity, to be puni&s;hed at the Arbitriment of the Judge, according to their de&s;erving. <HI>Quinto,</HI> All Acts again&s;t Drunkards and exce&s;&s;ive Drinking, &s;uch as the Act <HI>James</HI> Sixth, Parliament twenty two, <HI>Cap:</HI> twenty, whereby it is Statute, That all per&s;ons convict of Drunkenne&s;s, or of Haunting of Taverns and Ale-Hou&s;es after Ten Hours at Night, or any time of the Day, except in the time of Travel, or for ordinary Refre&s;h|ment, &s;hall for the fir&s;t Fault pay Three pounds, or if unable, or refu&s;ing, be put in Joggs or pri&s;on for the &s;pace of &s;ix Hours; For the &s;econd Fault five pounds, or if unable, or refu&s;ing, to be keept in Stocks or pri&s;on for the &s;pace of twelve Hours; And for the Third Fault, to pay Ten pounds, or in ca&s;e
<PB N="4" REF="4" MS="y">fore&s;aid to keeped in Stocks or Pri&s;on for the &s;pace of twenty four Hours: if they tran&s;gre&s;s thereafter, to be committed to Pri&s;on till they find Caution for their good Behaviour. <HI>Item,</HI> the Act <HI>Ch.</HI> 2d. <HI>Parl.</HI> 1. <HI>Se&s;&s;.</HI> 1. <HI>cap.</HI> 19. <HI>Ra|tifying all former Acts again&s;t the Crime of exce&s;&s;ive Drinking,</HI> Declaring,
<Q>That who&s;oever &s;hall drink unto Exce&s;s, &s;hall be lyable, each <HI>Nobleman</HI> in 20 <HI>lib. &s;cots,</HI> each <HI>Baron</HI> in 20 <HI>Merks,</HI> each <HI>Gentleman, Heretor</HI> or <HI>Burge&s;s</HI> in 10 <HI>Merks,</HI> each <HI>Yeoman</HI> in 40 <HI>&s;hilling,</HI> each <HI>Servant</HI> in 20 <HI>&s;hilling &s;cots, to|ties quoties;</HI> each <HI>Mini&s;ter</HI> in the fifth part of his yearly Stipend, and that the Offender unable to pay the fore&s;aids Penalties, to be examplary puni&s;hed in his Body, according to the merit of his Fault.</Q> <HI>Sexto.</HI> The Laws and Acts of Parliament made again&s;t Adulterers, as <HI>Q. Mary. Parl.</HI> 5. <HI>cap.</HI> 20. whereby it is Statute,
<Q>That manife&s;t and incorrigible Adultries after the proces of Haly-kirk, &s;wafar as the &s;amen may extend is u&s;ed upon them, for their Di&s;obedience and Contemption, be denunced Rebels and put to the Horn, and all their Moveable inbrought as E&s;cheat, and no Appellation in|terponed frae the &s;aid Cen&s;ures of Haly-kirk to &s;u&s;pend the Horning.</Q> Act <HI>Q. Mary, Parl.</HI> 9. <HI>cap.</HI> 74.
<Q>That all notour and manife&s;t Committers of Adultrey be puni&s;hed with all rigor unto the death, as well the Woman as the Man, after due Monition made to ob&s;tain frae the &s;aid nottour Crime, and that for other Adultrey the Acts and Laws made thereupon off before be put to Execution with all rigor.</Q> And the <HI>Act Ja.</HI> 6. <HI>Parl.</HI> 7. <HI>cap.</HI> 105. whereby it is declared,
<Q>That it &s;hall be judged nottour and manife&s;t Adul|try wordie of the pain of death, whoever has Bairns one or moe procreat betwixt the per&s;ons Adulters, or when they keep Company in Bed together notoriou&s;ly known, or when they are &s;u&s;pect of Adultery, and duely admo|ni&s;hed by the Kirk, to ab&s;tain and &s;atisfie the Kirk by Repentance and Pur|gation, yet contemptuou&s;ly refu&s;ing, are Excommunicat for their Ob&s;tinacy.</Q> <HI>Septimo.</HI> All Laws and Acts of Parliament made again&s;t Fornication, as <HI>Act Ja.</HI> 6. <HI>Parl.</HI> 1. <HI>cap.</HI> 13, Statuting,
<Q>That who &s;hall commit the filthy Vice of Fornication, &s;hall for the fir&s;t Fault, as well the Man as the Woman, pay the Sum of fourty pounds, or then both he and &s;he &s;hall be impri&s;oned for the &s;pace of eight days, their Food to be Bread and &s;mall Drink, and thereafter pre&s;ented to the Mercat-place of the Town or Paroch bare-headed,&s;hal there &s;tand fa&s;tned, that they may not remove for the &s;pace of two Hours; For the &s;econd Fault, the Sum of one hundred Merks, or then the forenamed days of their Impri&s;onment &s;hall be doubled, their Food to be Bread and Water alannerly, and thereafter &s;hall be pre&s;ented to the Mercat-place, and the Heads of both the Man and the Woman to be Shaven,</Q> And for the third Fault, one hundred Pounds, or el&s;e the above Impri&s;onment to be Triplyed, their Food to be Bread and Water allennarly; And thereafter to be taken to the deepe&s;t and foule&s;t Pool of Water of the Town or Paroch, and there to be thrice Doucked, and then Bani&s;hed the &s;aid Town and Paroch for ever, and how oft any per&s;on &s;hall be Convict thereafter of the &s;aid Vice of For|nication, that &s;o oft the third penalty be execute upon them. <HI>Item,</HI> The Act <HI>Charles</HI> &s;econd, Parliament fir&s;t, Se&s;&s;ion fir&s;t, <HI>Cap.</HI> Thirty Eight, Im|powering the Ju&s;tices of Peace to put in Execution Acts of Parliament, for puni&s;hing the per&s;ons Guilty of Fornication, and that they cau&s;e them pay the pecunial Sum following: Each Nobleman for the fir&s;t Fault, Four hundred Pounds; Each Barron Two hundred Pounds. Each other Gentle|man or Burge&s;s, one hundred Pounds. Every other per&s;on of inferior Quality Ten Pounds <HI>Scots</HI> Money, and that the&s;e Penalties be doubled <HI>toties quities,</HI> according to the Relap&s;es, and Degrees of the Offence, and Quality of the Offenders; And that they be payed not only by the Man, but al&s;o by the Wo|man
<PB N="5" REF="5">man according to her Quality, and the Degree of her Offence, the one with|out prejudice of the other. <HI>Item,</HI> the &s;aid Act <HI>Charles</HI> &s;econd, Parliament fir&s;t, <HI>Se&s;&s;ion</HI> fir&s;t, <HI>Cap:</HI> thirty eight, <HI>Statutes;</HI> That the Ju&s;tices of Peace put in execution all Acts of Parliament for puni&s;hing all per&s;ons who &s;hall be Mockers or Reproachers of Piety, or the exerci&s;e thereof, and cau&s;e them pay the Penalties contained in the forementioned Act of Parliament, again&s;t pro|phane Swearing. <HI>Item,</HI> the Act of our fir&s;t Parliament, Se&s;&s;ion fifth, <HI>Cap:</HI> Thirteenth, Intituled, <HI>Act again&s;t Prophanene&s;s,</HI> &s;trictly requiring and en|joyning, that all Sheriffs and their Deputs, Stewarts and their Deputs, Baillies of Bailliaries and Regalities, and their Deputs, Magi&s;trats of Burghs-Royal and Ju&s;tices of Peace within who&s;e bounds any of the &s;aids Sins of Cur&s;ing, Swearing, Drunkenne&s;s, Fornication, Prophanation of the Lords Day, and Mocking and Reproaching of Religion &s;hall happen to be committed, to put the &s;aids Acts to exact and punctual Execution at all times, without nece&s;&s;ity of any Di&s;pen&s;ation, and again&s;t all per&s;ons, whether Officers, Souldiers or o|thers without Exception; Certifying, that &s;uch of the &s;aids Judges as &s;hall refu&s;e, neglect, or delay to put the Laws made again&s;t the &s;aid Sins in Execu|tion, upon application of any Mini&s;ter or Kirk-Se&s;&s;ion, or any per&s;on in their Name offering Information, and &s;ufficient Probation, &s;hall <HI>toties quoties</HI> be &s;ubject and lyable to a Fine of an hundred pounds <HI>Scots,</HI> for which they may be pur&s;ued at the in&s;tance of the Agent for the Kirk, or Mini&s;ter of the Paroch by &s;ummar Proce&s;s, without the Order of the Roll. <HI>Item,</HI> The twen|ty one Act of the 2d: Se&s;&s;ion of the current Parliament, dated the nineteenth of <HI>July</HI> one thou&s;and &s;ix hundred ninety, Intituled, <HI>Act anent murdering of Children,</HI> whereby it is Statute,
<Q>That if any Woman &s;hall conceal her be|ing with Child during the whole &s;pace, and &s;hall not call for, and make u&s;e of Help and A&s;&s;i&s;tance in the Birth, the Child being found dead or ami&s;&s;ing, the Mother &s;hall be holden and repute the Murderer of her own Child, tho' there be no appearance of Brui&s;e or Wound upon the Body of the Child:</Q> All which Acts above mentioned, are hereby ordered to be publi&s;hed only for &s;uperabundance, and the better Information of our Leidges, without the lea&s;t derogation to other Acts or Laws not publi&s;hed in this matter. OUR WILL IS HEREFORE, and we charge you &s;trictly and Command, that in|continent the&s;e our Letters &s;een, ye pa&s;s to the Mercat-Cro&s;s of <HI>Edinburgh,</HI> and to the remanent Mercat-cro&s;&s;es of the Head-burghs of the &s;everal Shires &amp; Stewartries within this Kingdom, and in Our Name and Authority make pub|lication hereof, that none may pretend Ignorance; And We Ordain Our Solicitor to di&s;patch Copies hereof, to the Sheriffs of the &s;everal Shires, and Stewarts of Stewartries and their Deputs or Clerks, to be by them publi&s;hed at the Mercat-cro&s;&s;es of the Head-burghs upon Receipt thereof, and imme|diatly &s;ent to the &s;everal Mini&s;ters, to the effect the &s;ame may be read and in|timat at their Paroch Churches, upon the Lords Day immediatly following the Publication hereof at the &s;aids Mercat-cro&s;&s;es. And Ordains the&s;e pre|&s;ents to be Printed and Publi&s;hed in manner fore&s;aid.</P>
<CLOSER><DATELINE><HI>Given under Our Signet at</HI> Edinburgh
<DATE><HI>the twenty fifth day of</HI> January, <HI>and of Our Reign the ninth Year</HI> 1698.</DATE></DATELINE></CLOSER>
<CLOSER><SIGNED><HI>Per Actum Dominorum Secreti Concilii.</HI> GILB. ELIOT. <HI>Cls. Sti. Concilii.</HI></SIGNED></CLOSER>
<CLOSER>GOD &s;ave the King.</CLOSER>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="colophon">
<P><HI>Edinburgh,</HI> Printed by the Heirs and Succe&s;&s;ors of <HI>Andrew Ander&s;on,</HI> Printer to his mo&s;t Excellent Maje&s;ty, <HI>Anno. Dom.</HI> 1698.</P>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
