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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.
A PROCLAMATION Against Prophaneness 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 Prophaneness 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 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 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 saids Lords of Our Privy Council have thought fit and do hereby appoint the Abbreviat and List of the saids Acts hereto subjoyned to be Printed and duely published at all the Mercat-Crosses of the Head-Burghs of the Shires Stewartries Regalities and Bailliaries of this Realm And farder that in all time coming this present Proclamation with the Abbreviat and List thereto subjoyned be publickly read twice every Year in all the Paroch Churches and Congregations within this Kingdom to wit on the first Lords 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 Magistrats 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 after-mentioned to due and exact Execution upon their highest perril Follows the List and Abbreviat of the Laws against Prophaneness and for suppressing of Vice and Immorality Imprimis Act 21. Charles second Parliament first Session first Intituled 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 farder Statuting that whoever hereafter shall in their Writing or Discourse Deny Impugne or Quarrel Argue or Reason against the Beeing 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 in Sackcloath to the Congregation in which the Scandal was committed And for the second Fault the Delinquent shall be fined in a vears valued Rent of his real Estate and the twenty part of his free personal Estate the equal half of which Fines to be applyed 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 obstinat Blasphemer And all Magistrats 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 Baillies of Bailliaries and Regalities and their Deputs and Magistrats of Burghs to put the same in Execution as the second Fault Remitting the Execution thereof 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 parliment 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 publick Fairs with Power to put the Swearers of abominable Oaths in Ward while they have payed the saids Pains and find Surety to abstain in time coming and that by Direction and Commission of the Sheriffs Stewarts Baillies Provosts Baillies of Burrows Lords of Regalities and other ordinary Officers And that all House-holders delate to the Magistrats the Names of the Transgressors 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 Magistrats 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 farder declaring that each person who shall Blaspheme Swear or Curse shal be lyable in the pains following each Nobleman in twenty pound scots each Baron in twenty Merks each Gentleman Heretor or Burgess in ten Merks each Yeoman in fourty 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 exampl●ry 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