Page:The Laws and Acts of Parliament of Scotland.djvu/595

 A& *.i> 22,, z. King CHARLES the 1 1. roo'i. XXL AH againft the Crime of Blafpbetny. ,Ur Joveraign Lord, and the Eftates of Parliament confidering, that hitheto there hath been lid Law in this Kingdom, againft the horrible crime of Blafphemy. Therefore, His Majejly, with advice of His faid Eftates, Doth hereby Statute and Ordain, That whofoever hereafter, not being diffracted in his wits, ihall rail upon, or curfe GOD, or any of the Perfons of the bleffed Trinity^ ihall be procefled before the chief Juflice ; and being found guilty, fhall be puniihed with Death. Likeas, His Majefky, with advice foreiaid, Findes, Statutes and Ordains, That whofoever hereafter ihall deny G O D, or any of the perfons of the bleffed Trinity, and obftinately continue therein, ihall be procefled, and being found guilty, that they be puniihed with Death. As alio, His Majefty^ With advice and content forelaid,Declares,That all Perfons who have committed the foreiaid Crimes fince the feventeenth of February, one thoufand fix hundred and fourty nine, mall be. proceeded againft according to this Act; and Ratifies all by-gone Decreets and judicial Proceedings, againft any Perlbn committer of the faid Crimes fince the lorefaid date, which have been pronounced and done againft the faids Committers, according to this prefent Aft. And Declares, That the pronouncers and ex- ecutors of thefaids Sentences mail never be queftioned therefore, in any manner of way, but are, and ihall be, hereby fecured, no leis then if this Act had been of the foreiaid date. XXII. AH concerning the fever al degrees of Caufual Homicide. OUr Soveraign Lord, with advice and confent of the Eftates of this prefent Parliament,, for re- moving of all queftion and doubt that may arife hereafter in Criminal purfutes for Slaughter^, Statutes and Ordains, That the cafes of Homicide after-following; vtz , Cafual Homicide, Homi- cide in lawful delence, and Homicide committed upon Theeves and Robbers breaking houfes in the night ; or in cafe of Homicide the time of mafteriul Depredation, or in the purfute of denounced or de- clared Rebels for capital Crimes,or of fuch whoafhft and defend the Rebels and lrafteriuli Depredators jyArmes, and by iorce oppofe the purfute and apprehending of them, which ilia 11 happen to fall out in time comming, nor, any of them, ihall not be puniihed by death: And that notwithstanding of liny Laws or Acts of Parliament, or any Practick made heretofore or oblerved in punifhment of Slaughter; but that the Manflayer, in any of the cafes aforefaid, be affoilled from any Criminal pur- lute purfued againft him for his life, for the faid Slaughter, before any Judge Criminal within this Kingdom. Providing alwayes, that in the cafe of Homicide cafual,and of Homicide in defence, notwith- standing that the flayer is by this Act, free from Capital Puniihment ; Yet it ihall be leifum to the Criminal Judge, with advice of the Council, to fine him in his means, to the ufe of the defuncts wife and bairns, or neareft of kin, or to imprifon him. And His Hajefly, with advice foreiaid, De= iares, that alldecifions given conform to this Act, fince the thirteenth of February, one thoxfandfix lundred and fourty nine years, fhall be as fufficient to fecure all parties interefled, as if this prefent ct had been of that date : And that all cafes to be decided by any Judges of this Kingdom, in rela-
 * ion to cafual Homicide, or Homicide in defence, commited at any time heretofore, ihall be decided as

is above expreffed. XXIII. AH Ratifying the Trivi ledges of the Colledge of Juflice. k Ur Soveraign Lord confidering, that nothing is more neceffary and of more univerfal concern= ' ment, then the adminiftration of Juflice ; and in order thereto, that the Judges, Advccats, Clerks and other Members of the Supream Judicatory^ ihould be faithful, able and qualified perfons; and for their encouragement to ierve the Countrey in their refpective flations and places, and to undergo pe great toil, trouble and expence of time, and otherwayes for inabling them tor, and during their jfervice therein, It hath been the wifedom and practice of all Princes and Nations, and in fpecia!,of lis Majefties Royal Progenitors, to grant to them diverfe Liberties and Priviledges, as is evident by
 * iany Acts of Parliament and Statutes concerning the Priviledges and Immunities of the Cok,

'ledge of Juitice, and Members thereof, Granted, Renewed and Ratified from time io time. There. D fore