A PROCLAMATION Against Profaneness. WILLIAM by the Orace of God, King of Great-Britan, France and Ireland, Defender of the Faith; To _____ Macers of Our Privy Council, Messengers at Arms, Our Sheriffs in that Part conjunctly and severally, specially Constitute, Greeting: FORASMUCH as, notwithstanding of the many good Laws and Acts of Parliament made against Profaneness, and for the restraining and suppressing of Vice and Immoralities, the same do 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 We being resolved, as it hath alwise 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 an Abreviat of the said's acts duly collected, and laid together for the better Information and Instruction of all Our Judges, Officers and Ministers of the Law, and also of Our other Good Subjects, may be of special Use and Advantage, for their better Observation and Execution, according to their full Tenor and Intent: THEREFORE, and in Answer to an Address presented to the Lords of Our Privy Council, by the Commissioners of the late General Assembly of this Church for that effect; We with Advice of the said's Lords of Our Privy Council, have thought fit, and do hereby appoint the Abbreviat and List of the said's Acts hereto subjoined to be Printed, and duly published at all the Mercat-Crosses of the Head-Burghs of the Shires, Stewartries, Regalities and Bailliaries of this Realm: And farther, that in all time coming, this present Proclamation, with the Abbreviat and List thereto subjoined, be publicly read twice every Year in all the Paroch Churches and Congregations within this Kingdom, to wit, on the first Lord's Day after each Term of Whitsunday and Martinmass yearly, after the Forenoons Sermon, and before the dissolving of the Congregation; and that all Presbytries be careful to have this Publication constantly and solemnly made in all Churches within their Bounds, with suitable and pertinent Exhortations, as they will be answerable; And We peremptorly Command and Charge, all Judges, Magistrates and Officers of the Law whatsoever, each of them within their Bounds and Jurisdictions, and as they are thereto respectively impowered, to be careful to put the foresaids Laws above and , to due and exact Execution upon their highest peril. Follows the List and Abbreviat of the Laws against Profaneness, and for suppressing of Vice and Immorality. Imprimis, Act 21. Charles' second, Parliament first, Session first, Entitled, Ast against the Crime of Blasphemy, that whosoever not being distracted in his Wits, 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 Blissed Trinity; and obstinately continue therein, being processed and found Guilty, shall be punished with Death. Item, the Act of Our first Parliament, Session fifth, cap. Eleventh, ratifying the foresaid Act; And farther Statuting, that whoever hereafter shall in their Writing or Discourse, Deny, Impugn or Quarrel, 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 public Satisfaction in Sackcloth to the Congregation in which the Scandal was committed; And for the second Fault, the Delinquent shall be fined in a vears valued Rend of his real Estate, and the twenty part of his free personal Estate, the equal half of which Fines to be applied to the poor of the Paroch where the Crime shall be committed, and the other half to the Informer, besides his being imprisoned, ay and while he again make Satisfaction as above; And for the third Fault, he shall be punished by Death, as an obstinate Blasphemer; And all Magistrates and Ministers of the Law, and Judges in this Kingdom, are Authorized and Required to put this Act in Execution as to the first Fault, as are all Sheriffs, Stewarts, Bailies of Bailliaries and Regalities and their Deputs, and Magistrates of burgh's, to put the same in Execution as the second Fault; Remitting the Execution thereof as to the third Fault, to the Lords of his Majesty's Justiciary: Secundo, All Laws and Acts of Parliament made against Cursing and Swearing, as Act Queen Mary, parliament fifth, Cap. sixteenth, whereby it is Statute, that whosoever Swears abominable Oaths, and detestable Execrations, shall be punished with the pecuniary Mulcts, and other pains contained in the said Act: Act James sixth, Parliament seventh, cap one hundred and third, ratifying the foresaid Act, with an Augmentation of the Pains; and that Censors be appointed in the Mercat place of all Burrows, and other public Fairs, with Power to put the Swearers of abominable Oaths in Ward, while they have paid the said's Pains, and find Surety to abstain in time coming, and that by Direction and Commission of the Sheriffs, Stewarts, Bailies, Provosts, Bailies of Burrows Lords of Regalities, and other ordinary Officers; And that all Householders delate to the Magistrates, the Names of the Transgressor's of this present Act within their Houses, that they may be punished under the pain to be esteemed and punished as Offenders themselves; And that if the said Magistrates be remiss or negligent in the Execution of this Act, they shall upon Complaint be called before us, and our Privy Council, and committed to Ward during pleasure, and find Surety under great Pains, at our sight, for that exact Diligence in executing the said Act thereafter, Ast Charles. 2d. Parl. 1. Session first, Cap. nineteenth, ratifying and approving all Acts of Parliament against all manner of Curfing and Swearing. And farther declaring, that each person who shall Blaspheme, Swear or Curse, shall be liable in the pains following; each Nobleman in twenty pound scots, each Baron in twenty Marks, each Gentleman, Heretor or Burgess in ten Marks, each Yeoman in forty shilling scots, each Servant in twenty Shilling toties quoties, each Minister in the fifth part of his years Stipend, and if the party Offender be not able to pay the Penalties foresaid, then to be exemplary punished in his Body, according to the Merit of his Fault: And this Act is again Ratified, Charles second, Parliament second, Session Third, Cap. 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 Sabbath or Lords Day, As Act James fixth, Parliament sixth, Cap seventy 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 used upon the Sabbath-Day, under the pain of Ten shilling Scots; and that no Gaming, Playing, passing to Taverns and Ale Houses, or selling of Meat or Drink, or wilful remaining from the Paroch church in time of Sermon, or Prayers, upon the Sabbath-Day be used, under the pains of Twenty shilling Scots, and who refuse, or are unable to pay the said's pains, shall be put and holden in the Stocks, or such other Engine devised for public punishment by the space of Twenty Four Hours; And this Act as to the discharging of Fairs and Mercats holden on Sabbath-days, Ratifyed James the Sixth, Parliament Thirteenth, Cap one hundred and fifty nine, and again Ratified against these who profane the Sabbath Day, by Selling or presenting Goods to be sold upon the said day, and the pain of the Third Transgression, declared to be Escheat of their hail Goods and punishment of their Persons at Our Will; James sixth, Parliament Fourteenth, cap. one hundred and ninety eight. Item, Act eighteenth Charles second, Parliament first, Entitled, Act for the due Obsarvation of the Sabbath-Day, Ratifying and Approving all former Acts of Parliament made for Observation of the Sabbath-Day, and against the Breakers thereof, and discharging all going of Salt-pans, Milns or Kilns, under the pain of twenty pounds scots, to be paid by the Heretors and Possessors thereof; and all Salmond-fishing, hiring of Shearers, carrying of Loads, keeping of Mercats, or using of Merchandise on the said Day, and all other Profanations thereof, under the pain of Ten pounds scots, the one half whereof to be paid by the said Fisher, and Shearer hired, and the other half by the persons hiring, and if the Offender be not able to pay the said's penalties, that he be exemplary punished in his Body, according to the Merit of his Fault; and this Act ratified Charles 2d. Parliament second, Session third, cap. twenty two. Quarto, The Act Charles second, Parliament first, Session first, Cap. twenty, Entitled, 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 put to death without Mercy, and such as are within the age of sixteen years, and past the age of pupillarity, to be punished at the Arbitrament of the Judge, according to their deserving. Quinto, All Acts against Drunkards and excessive Drinking, such as the Act James Sixth, Parliament twenty two, Cap: twenty, whereby it is Statute, That all persons convict of Drunkenness, or of Haunting of Taverns and Alehouses after Ten Hours at Night, or any time of the Day, except in the time of Travel, or for ordinary Refreshment, shall for the first Fault pay Three pounds, or if unable, or refusing, be put in Joggs or prison for the space of six Hours; For the second Fault five pounds, or if unable, or refusing, to be kept in Stocks or prison for the space of twelve Hours; And for the Third Fault, to pay Ten pounds, or in case foresaid to keeped in Stocks or Prison for the space of twenty four Hours: if they transgress thereafter, to be committed to Prison till they find Caution for their good Behaviour. Item, the Act Ch. 2d. Parl. 1. Sess. 1. cap. 19 Ratifying all former Acts against the Crime of excessive Drinking, Declaring, That whosoever shall drink unto Excess, shall be liable, each Nobleman in 20 lib. scots, each Baron in 20 Marks, each Gentleman, Heretor or Burgess in 10 Marks, each Yeoman in 40 shilling, each Servant in 20 shilling scots, toties quoties; each Minister in the fifth part of his yearly Stipend, and that the Offender unable to pay the foresaids Penalties, to be exemplary punished in his Body, according to the merit of his Fault. Sexto. The Laws and Acts of Parliament made against Adulterers, as Q. Mary. Parl. 5. cap. 20. whereby it is Statute, That manifest and incorrigible Adultries after the process of Haly-kirk, swafar as the samen may extend is used upon them, for their Disobedience and Contemption, be denunced Rebels and put to the Horn, and all their Movable inbrought as Escheat, and no Appellation interponed frae the said Censures of Haly-kirk to suspend the Horning. Act Q. Marry, Parl. 9 cap. 74. That all notour and manifest Committers of Adultery be punished with all rigour unto the death, as well the Woman as the Man, after due Monition made to obstain frae the said nottour Crime, and that for other Adultery the Acts and Laws made thereupon off before be put to Execution with all rigour. And the Act Ja. 6. Parl. 7. cap. 105. whereby it is declared, That it shall be judged nottour and manifest Adultery wordie of the pain of death, whoever has Bairns one or more procreate betwixt the persons Adulters, or when they keep Company in Bed together notoriously known, or when they are suspect of Adultery, and duly admonished by the Kirk, to abstain and satisfy the Kirk by Repentance and Purgation, yet contemptuously refusing, are Excommunicate for their Obstinacy. Septimo. All Laws and Acts of Parliament made against Fornication, as Act Ja. 6. Parl. 1. cap. 13, Statuting, That who shall commit the filthy Vice of Fornication, shall for the first Fault, as well the Man as the Woman, pay the Sum of forty pounds, or then both he and she shall be imprisoned for the space of eight days, their Food to be Bread and small Drink, and thereafter presented to the Mercat-place of the Town or Paroch bareheaded, shall there stand fastened, that they may not remove for the space of two Hours; For the second Fault, the Sum of one hundred Marks, or then the forenamed days of their Imprisonment shall be doubled, their Food to be Bread and Water alannerly, and thereafter shall be presented to the Mercat-place, and the Heads of both the Man and the Woman to be Shave, And for the third Fault, one hundred Pounds, or else the above Imprisonment to be Triplyed, their Food to be Bread and Water allennarly; And thereafter to be taken to the deepest and foulest Pool of Water of the Town or Paroch, and there to be thrice Doucked, and then 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, Cap. Thirty Eight, Impowering the Justices of Peace to put in Execution Acts of Parliament, for punishing the persons Guilty of Fornication, and that they cause them pay the pecunial Sum following: Each Nobleman for the first Fault, Four hundred Pounds; Each Baron Two hundred Pounds. Each other Gentleman or Burgess, one hundred Pounds. Every other person of inferior Quality Ten pounds' Scots Money, and that these Penalties be doubled toties quities, according to the Relapses, and Degrees of the Offence, and Quality of the Offenders; And that they be paid not only by the Man, but also by the Woman man 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, Cap: thirty eight, Statutes; That the Justices of Peace put in execution all Acts of Parliament for punishing all persons who shall be Mockers or Reproachers of Piety, or the exercise thereof, and cause them pay the Penalties contained in the forementioned Act of Parliament, against profane Swearing. Item, the Act of our first Parliament, Session fifth, Cap: Thirteenth, Entitled, Act against Profaneness, strictly requiring and enjoining, that all Sheriffs and their Deputs, Stewarts and their Deputs, Bailies of Bailliaries and Regalities, and their Deputs, Magistrates of Burghs-Royal and Justices of Peace within whose bounds any of the said's Sins of Cursing, Swearing, Drunkenness, Fornication, Profanation of the Lords Day, and Mocking and Reproaching of Religion shall happen to be committed, to put the said's Acts to exact and punctual Execution at all times, without necessity of any Dispensation, and against all persons, whether Officers, Soldiers or others without Exception; Certifying, that such of the said's Judges as shall refuse, neglect, or delay to put the Laws made against the said Sins in Execution, upon application of any Minister or Kirk-Session, or any person in their Name offering Information, and sufficient Probation, shall toties quoties be subject and liable to a Fine of an hundred pounds Scots, for which they may be pursued 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 2d: Session of the current Parliament, dated the nineteenth of July one thousand six hundred ninety, Entitled, Act anent murdering of Children, whereby 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 amissing, the Mother shall be holden and repute the Murderer of her own Child, tho' there be no appearance of Bruise or Wound upon the Body of the Child: All which Acts above mentioned, are hereby ordered to be published only for superabundance, and the better Information of our lieges, without the least derogation to other Acts or Laws not published in this matter. OUR WILL IS HEREFORE, and we charge you 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 Head-burghs of the several Shires & Stewartries within this Kingdom, and in Our Name and Authority make publication hereof, that none may pretend Ignorance; And We Ordain Our Solicitor to dispatch Copies hereof, to the Sheriffs of the several Shires, and Stewarts of Stewartries and their Deputs or Clerks, to be by them published at the Mercat-crosses of the Head-burghs upon Receipt thereof, and immediately sent to the several Ministers, to the effect the same may be read and intimat at their Paroch Churches, upon the Lord's Day immediately following the Publication hereof at the said's Mercat-crosses. And Ordains these presents to be Printed and Published in manner foresaid. Given under Our Signet at Edinburgh the twenty fifth day of January, and of Our Reign the ninth Year 1698. Per Actum Dominorum Secreti Concilii. GILB. ELIOT. Cls. Sti. Concilii. GOD save the King. Edinburgh, Printed by the Heirs and Successors of Andrew Anderson, Printer to his most Excellent Majesty, Anno. Dom. 1698.