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B05466 A proclamation against prophaneness England and Wales. Sovereign (1694-1702 : William III); William III, King of England, 1650-1702. 1698 (1698) Wing S1600; ESTC R183337 5,912 5

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Playing passing to Taverns and Ale Houses or selling of Meat or Drink or wilful remaining from the Paroch kirk 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 saids pains shall be put and holden in the Stocks or such other Ingyne 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 Ratifyed James the Sixth Parliament Thirteenth Cap one hundred and fifty nine and again Ratified against these who prophane 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 haill 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 Intituled 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 payed by the Heretors and Possessors thereof and all Salmond-fishing hyring of Shearers carrying 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 whereof to be payed by the said Fisher and Shearer hyred and the other half by the persons hyring and if the Offender be not able to pay the saids penalties that he be examplary 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 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 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 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 Cap twenty whereby it is Statute That all persons convict of Drunkenness or of Haunting of Taverns and Ale-Houses 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 keept 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 lyable each Nobleman in 20 lib. scots each Baron in 20 Merks each Gentleman Heretor or Burgess in 10 Merks 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 examplary 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 proces 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 Moveable inbrought as Escheat and no Appellation interponed frae the said Censures of Haly-kirk to suspend the Horning Act Q. Mary Parl. 9. cap. 74. That all notour and manifest Committers of Adultrey be punished with all rigor 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 Adultrey the Acts and Laws made thereupon off before be put to Execution with all rigor And the Act Ja. 6. Parl. 7. cap. 105. whereby it is declared That it shall be judged nottour and manifest Adultry wordie of the pain of death whoever has Bairns one or moe procreat betwixt the persons Adulters or when they keep Company in Bed together notoriously known or when they are suspect of Adultery and duely admonished by the Kirk to abstain and satisfie the Kirk by Repentance and Purgation yet contemptuously refusing are Excommunicat 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 fourty 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 bare-headed shal there stand fastned that they may not remove for the space of two Hours For the second Fault the Sum of one hundred Merks 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 Shaven 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 Barron 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 payed 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 prophane Swearing Item the Act of our first Parliament Session fifth Cap Thirteenth Intituled Act against Prophaneness strictly requiring and enjoyning that all Sheriffs and their Deputs Stewarts and their Deputs Baillies of Bailliaries and Regalities and their Deputs Magistrats of Burghs-Royal 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 put the saids Acts to exact and punctual Execution at all times without necessity of any Dispensation and against all persons whether Officers Souldiers or others without Exception Certifying that such of the saids 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 lyable 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 Intituled 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 Leidges 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 immediatly sent to the several Ministers to the effect the same may be read and intimat at their Paroch Churches upon the Lords Day immediatly following the Publication hereof at the saids 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.