banifhed this county for life, and never thereafter to be found therein, with certification, for a terror to others to commit the like. According to juftice. Herefore," &c. No. LXX. Complaint against Party and Witnesses. "UNTO the honourable his majefty's juftices of peace for the county of A. complains B. procurator fifcal of court, as well for his own as the public interest, upon C. D. and E. That albeit, by the laws and acts of parliament, and particularly by the acts 1648, cap. 8; 1661, cap. 34; 1698, cap. 6; it is enacted, That whatsoever person or perfons fhall marry, or procure themselves to be married, in a clandeftine or irregular way, by any perfon not authorized by the kirk, fhall be imprifoned for three months, and shall befides pay, each nobleman one thoufand pounds Scots, each gentleman and burgefs five hundred pounds Scots, and each other perfon five hundred merks, and thall remain in prifon until they make payment of these refpective penalties; and the witneffes to fuch marriages, by the last act above recited, are liable in one hundred pounds Scots: Yet notwithftanding whereof, true it is, and of verity, that the faid C. D. and E. defenders have tranfgreffed thefe laws: In fo far as, the faid C. upon the day of years, without be ing lawfully proclaimed, as the law requires, procured himfelf to be married to F. within the county of A. aforesaid, by G. a perfon not lawfully ordained to be a minifter, nor authorized to celebrate marriage; and they the other defenders D. and E. were witneffes to the aforefaid irregular marriage of the faid C. to F. From all which, the defenders fall to be punished, in conformity to the faid acts of parliament. "All, or any part whereof, being proven, the faid C D. and E. defenders, ought and fhould be fined and punished, conform to the aforefaid laws, for a terror to others to commit the like. Herefore," &c. No. LXXI. Complaint founded upon the Statute against Blafphemy. "UNTO the honourable his majefty's juffices of peace for the county of A. complains B. procurator fifcal of court, as well for his own as the public intereft, upon C. That albeit, by the laws and acts of parliament, and particularly by the acts 1661, cap. 21, and 1695, cap. 11, it is enacted, that whoever fhall, in their writings or difcourfes, deny, impugn, quarrel, argue, or reafon against the Being of a God, or any of the perfons of the bleffed Trinity, or the authority of the Holy Scriptures of the Old and New Teftament, or the Providence of God in the government of the world, fhall, for the first fault, be punished with imprifonment, ay and while they give public fatisfaction to the congregation within which the fcandal was committed, &c.: Yet notwithstanding whereof, true it is, and of verity, that the faid C. defender has tranfgreffed thefe laws: In fo far as, he the faid C. within thefe three months paft, wrote, compofed, and published, a most blafphemous pamphlet, intitled, in which work he the defender denies the authenticity and truth of the Holy Scriptures of the Old and New Teftament, and, of the Providence of God in the government of the world, to the great hurt and prejudice of the morals of the public; and the faid C. being brought before your honours for examination, he, upon the day of emitted a declaration, acknowledging that he was the author of the aforefaid blafphemous performance, as his declaration, figned by him and D. E. Efq. one of his majefty's juftices of peace for the faid county of A. in the clerk's hands, will teftify: From all which it is evident that the faid C. defender is the author and publisher of a blafphemous work, and falls to be punished according to law. All or any part thereof being proven, the said Č, defender ought and fhould be corporally punished, in terms of law; and the aforefaid publications, ought to be destroyed and fuppreffed, by order of court; to deter others from committing fuch practice in future. Herefore," &c. 1 No. LXXII. Complaint founded upon the Statutes against Curfing and "UNTO the honourable his majefty's juftices of peace for the county of A. complains B. procurator fifcal of court, as well for his own as the public intereft, upon C. That albeit, by the laws and acts of parliament, and particularly the act 1551, cap. 16; 1581, cap. 103; 1661, cap. 19; 1672, cap. 22; 1690, cap. 25; 1693, cap. 40; 1696, cap. 315 profane curfing and fwearing is prohibited, by whatever perfon or perfons, under certain pains and penalties recited in thefe acts: Yet, notwithstanding whereof, true it is, and of verity, that he faid C. defender has tranfgreffed thefe laws: In fo far as, for these months bypast, he has made it his conftant and habitual practice, in the public ftreets of A. and other places, within the aforefaid county of A. to profanely curfe and fwear, in a horrid and shocking manner, to the great annoyance of the public in general, and though often reproved for, and defired to defift from faid practice, yet he the defender gloried in his iniquity, and fo falls to be fined and punished, in conformity to the laws made against those who profanely curfe and fwear. All or any part whereof being proven, the faid C. defender ought and fhould be fined and amerciated, in terms of faid laws, payable to the complainer, to be applied as the acts direct, to deter others from committing the like." No. LXXIII. Complaint on the Scottish Statute against Profanation of the "UNTO the honourable his majesty's juftices of peace for the county of A. complains B. procurator fifcal of court, as well for his own as the public intereft, upon C. and D. That albeit, by the laws and acts of parliament, particularly by the acts 1579, cap. 70; 1592, cap. 124; 1593, cap. 163; 1594, cap. 201; and 1661, cap. 18; profanation of the Lord's day is prohibited, by whatever person or perfons, under the penalties therein contained: Yet, notwithstanding whereof, true it is, and of verity, that the faid C. and D. defenders, have tranfgreffed thefe laws: In fo far as, upon the Lord's Day, being the day of betwixt the hours of and afternoon, in the public high ftreet of A. and county aforefaid, when the lieges were decently going to church, for the worship of God, the defenders did then and there, in defiance of religion, law, public order, and decency, traverse alongst the streets, and made great noife and disturbance, by uttering many horrid oaths and imprecations towards the lieges thus going to divine service, as alfo, by finging lewd and obfcene fongs, to the great profanation of the Lord's day, and annoyance of the inhabitants, whereby it is evident the defenders have contravened the laws enacted against Sabbath breakers. "All or any part whereof being proven, the faid C. and D. defenders ought and fhould be fined and punished, in terms of the aforefaid laws, the fines to be applied as the acts direct, and ordained to find caution not to be guilty of fuch an offence in time coming, to deter others. Herefore," &c. APPENDIX III. No. I. Ordinatio fada per Dominum Regem fuper flavilitate terrae Scotia. -A kind of Commiffion of the Peace in the reign of Edward I, (for FAIT AIT a remembrer que come noftre feigneur le roy de fon parlement qil tynt a Weftmufter en quarreine, l'an de fon regne trentisme tierz, euft fait afavoir par levefqe de Glagu, le counte de Carrik, monfieur Johan de Segrave adunqes tenant le lieu le roy en Loenois, et par fire Johan de Sandale, chamberleyne Defcoce, as les bones gentz de la terre Defcoce, qil feifent allembler la communalte de la terre; et que entre eur touts, eleulent certein noumbre de gentz, pur venir de par meilme la communalte a Weftmuster au parlement que noftre feigneur le roy avoit ordene a tenira treis femaynes apres la fefte de la nativite feynt Johan le Baptifte prochayn fuant, le quel parlement fuft effoigner tantque a la feste de lafsumption de noftre dame, per maundement de noftre feigneur le roy, et puis tantque as uftaves de la fefte de la nativite noftre dame procheinement fuant. Ac quelx lieu et terme les evefqes de Seint Andr. et de Dunkeldyn, labbe de Coupre, et labbe de Monros, le counte de Boghan, mounfieur Johan de Mubray, mounfieur Robert de Keith, mounfieur Adam de Gurdain, mounfieur Johan de Inchmartyn, vindrent come ceux qui feurent efleux, et envees de par la communalte de la dite terre Defcoce, et le count Patrick qui fuft efleu davoir efte le diffifme de venir de par meifme la communalte ny vint mye, par quei par le commandement noftre feigneur le roy y fuft affignez mounfieur Johan de Meneteth. |