Page:The Laws and Acts of Parliament of Scotland.djvu/612

 ! 40 Th e firft Tarliamevt of ' ■ - -■ A& 38, whatfoever incurred, upon a fimple Charge ot fifteen day es ; and no Sufpenfion fhail be granted there- of, bus; upon confignarion or the fums contained in the Sentences, and by finding Caution ior pai- mentof the Charges at the modification ot the faids Lords. Ihe faids Commiflloners ,< at the end of every Quarter Scfficns, ihall fend to His Majesties Council, a Catalogue of all fuch perfons as they have either committed, or otherwayes put under furety, with aihort Abbreviate of thecauie thereof; to the effect, that thereupon the Council, as they fhail think expedient, may return to them againfl their next Scfhon, or the Cuftos Rotulorum in the mean time, their lurther directions. life faids Juftices fhail put in execution, all Acts of Parliament made for punifbinij all perfons what- soever, who ihall Curie or propbaneiy Swear, or (hall be Mockers cr Lepreachers of I icty , or the exercife thereof.; and (bail requircand levy upon every Offender , the feveral pena. ties ±cl- lowi,ng> inz. Of a Nobleman twenty pounds: each Barron twenty merks; each Centleman, Heri- tor „or Burgefs, ten merks'- each Yeoman iourty fhiiiings ; each Servant twenty ibiibngs, Scuts money ; each Mimfter in the fifth part of his years Stipend ; without prejudice to ether proceed- ings againft any fuch Mmifter for the fame. And in any of all the cafes before fpecified in this.In- ftruction, the faids Juftices ihall put in execution all luch Laws , as tor Corporal punifhments, have any provifions mentioned in them for fuch cafes : And in cafe of "the inabilities or the par- ties Delinquents to pay the fum mentioned in this Inftruction, the iaids Juftices fhail put in exe- cution fuch Laws, as for Corporal punifhments , ... have any provifiOn mentioned, in them for fuch cafes ; and that the Wives -Delinquents ihall be pimifbed according to the quality of their refpe- ctive Husbands ,,.-. and that their Husbands be lyable for the payment of their Wives Fines refpecbive- ly , in manner above-mentioned, totiesquoties for each fault : And ail others whaticever , not! particularly herein nominate ; are to pay in proportion to their refpective qualities and degrees. And alio , the faids Juftices are to put in execution, the Acts of Parliament made for the pu- nching, of ali ( perfons that fhall be found guilty of the fin of Fornication ; and that they levy or .caufe to be levied , the feveral pecunial fums therein mentioned , viz. For each Nobleman, for the firft fault four hundred pounds ; each Barron two hundred pounds ; each other Gentleman and Burgefs one hundred pounds ; every other perfon of interrour quality ten pounds, Scots money ; and that thefe penalties ihall be doubled toties quoties, according to the relapfes and degrees of the Offence, and quality of the Offenders. And that the faid penalties ihall be levied, not only of the Man, but alio of the Woman, according to her quality , and the degree of her pffence, the, one without prejudice 01 the other. All and iundry which penalties lb to be levied t Are to be diipofcd.of as folioweth ; To wit, -one half to pious ufes in the fame Paroch where, the 'Offenders live, or the Offence hath been committed, and the other hah to be divided in two equal parts, one part whereof to be given to the Informer and Profecutor, and out ot the other halt, to ia- tisfie the Conftabie, or other perfons who ihah be irhployed for bringing the peribn accuicd to Ju- ftice, and the remainder to be difpofed to pious ufes , or to fatisfie the Conftabies lor their tra- vel and fervice in other pacts of their office, according as the Juftices fhall think fit. That the Juftices Ihall put die Acts of Parliament in execution ,• for the punifhing of all per- fons found guilty of the fin 01 Drunkennefs or excetiive Drinking, efpecially under the names of Healths. , or haunting Taverns or Ak-houfes after ten of the Clock at night, or at any time ©f the day, except in time of travel , or for ordinary refreihments. u As alio againft the keepers of the Taverns or Ale-houfes, that Ihall fell the drink unto them : Which ■penalties/in thelaids feveral Ads contained, the faids Juftices are to levy , or eaufe to be levied ,' upon the faids Dc. linquentsji and the laids penalties are to be difpof«cf of by the faids Juftices, in like-manner as aforefaid. ",._.-•<..-. - ; . :■ The faids Juftices -fliall gut in : execution, all Aclsof Parliament, made againft fuch perfons as fhall Proiane the Lords-day , and require or levy the penalties therein contained : which penal* ties fbrefaid , the laids Juftices are to difpofe of, in like manner as aforefaid. , ' .- And at what time and whenfoever one fhall accufe another perfon or perfons to be guilty of Treafon , Murder or other Fellony , Blafphcmy , Inceft , or any other hainous Crimes : in fuch cafes the laid Juftice or Juftices , fhall forthwith caufe fuch perfon or perfons to, be apprehended , and after inquiry made in the caufe , the faids juftice. or Juftices, if they find caufe , fhall commit the Offender to prifon , or take fuffrcient Bail.,, if the cafe by the Law be bailable ; and ihall take the information of the Party accufing upon oath , and bind him to Prolecute , and ihall take the teftimony or depofition of the Witnefles likewife upon oath, and bind them to give in evidence , and fhail alio take the Examination of the Par- ty acculed. All which Recognizances, Informations , Depofitions and Examinations , the reipecliVwjy, to the end the Juftice may proceed againft them according to the Law. And
 * 5vA J. uli - iCe or Juftices, fhall cerdfie to the next Quarter Seffions , Affizes or Criminal. Courts