Page:The Laws and Acts of Parliament of Scotland.djvu/208

iU KING JAMES t H E S E X T ane hundreth pundis, Or elfe their above imprifonment to be tripled, their fude to be breade and water allanerlie. And in the end, tobetanetothedeipeftandfoiilleftpule, or water of the Tovvne, orParochin, there to be thrife dovvked , and theirafter banifhed the faid Towne , or Parochin for ever. And fra thine forth, how oft that ever they be convift , of the forefaidc vice of Fornication, that fa oft the faid thrid penaltiebe execute upon them. And that the Proveft and Baillies of ilk Burgh, the Juftice general, and his deputes, or fik uthers perfones , J as fall pleafe our faid Soveraine Lord to give commiflion unto , be Judges to the per- fones fufpe&- 3 and delated of Fornication : and being convift v they fall lift and uptake the above written pe- cunialpaines, of the perfones rdponfal, and rather willing to pay die famin, nor to be demained in their perfones. And that the 'faidis corporal paines of imprifonment , baniftiing , and uthers above fpecifled , be execute upon all fik perfones , as outlier refufis to pay the pecunial paines , or that ar not refponfal to pay the famin. And that tlie famin pecunial paines, quhilfcis fall happen to be received , be furelie keiped inane clofebox, and be converted adposujus, in they partis , quhair the cryme is committed , as it fall pleafe our faid Soveraine Lord , and his deareft Regent to commande. And the receivers of the fai,d paynes, to be ready to give accompt thereof , quhen ever they fall be requyred thereunto. 14. _Anent them that commit tis Inceft. TEM, For-fa-meikie as the abhominable , vile, and filthieluft of Inceft, is fa abhominable in the prc- fenceofGod, and that the famin Eternal God , be his exprefle word , lies condemned the famin , and zit nevertheleffe the faid vice is fa ufed within this Realme, and the word of God is in fik fort contemned be the ufers thereof , that God be hisjuft Judgements lies occafioun to plague the Realme, where the faid vice is committed , without God of his mercie be mair gracious , and remeid be provided, that the faid vice ceafc in time dimming. THEREFOIR our Soveraine Lord , with advile and confent of my Lord Regent, and the three Eftaites of this prefent Parliament , ftatutes and ordaines, that quhat-fumever perfon or per- fones , that committes die faid abhominable cryme of Inceft , That is to fay , quhat-fum-ever perfon or per- fones they be, that abufes their bodie with lik perfones in degrie, as God in his word lies expreflie for- bidden, inonytimecumming, as is contained in the xviij. Chapter of Leviticus , fall be punilhed to the death. 1 5- . Anent lawfull mariage of the awin blude , in degries not forbidden be God in his word. ITEM, Our Soveraine Lord , with advife and confent of my Lord Regent , and the three Eftaites of this prefent Parliament , hesftatute, and ordained, that the haiie band ot mariage , made be all Eftaites and forts of men and women , to be als lavvfull and als frie , as the Lawe of God lies permitted the famin, to be done, without exception of perfon or perfones. And lies declared , and declares, that fecunds in degrees of confanguinitie , and affinitie , and all degries outwith the famin contained in the word of the Eternal God , and that are not repugnant to the faid word , might , and may lawfully marry at all times fen the viij. day of March, the zeir of God , anethoufand, five hundreth , fiftie audit zeiris , notwithftanding ony Law, ftatute, orconftitutionmaidinthecontrare. And ratifyis and apprevis all the faid manages done fen the faid day. And the baimis gottin , or to be gottin in fik Mariage , to be as lauchfull , afweili toward their fucceffioun to landis, heritages, or ony uther liberties , as ony bairnes gottin in Mariage , and to be repute and efteemed , in all time to cume , lauchfullie gottin , in lauchfull Mariage , notwithftanding any Lawes, ftatutes, conftitutionis, or Aclis, maid, or to be maid in the contrare. 1 6. Anent flaying of Hart , Hynde, andutheris beaftes and faults with Quiverings. ITEM, For-fa-meikle as there lies bene divers Adls and ftatutes made of before , that na maner of perfon, nor perfonis fold fchut with Culveringis, Crosbow, or handbow ony rime, at Dae, Rae, Hart, Hynde,Hair, Cunning, Dow, Herron or foule of river , under fpecial pains , conteined in the faidis afts and ftatutes. And notwithftanding the famin, and that na execution lies followed of before, upon the perfones contraveneris of the faidis AcTes , they ar fa lichtlie efteemed, that the faidis Beaftes andFoules, are at all times flainc down , and deftroyed be fik perfones , that nouther lies regaird to the commoun weill , nor policie of die countrie. Theirfoir it is ftatute and ordained, be our Soveraigne Lord , with advife of his Regent , and the diree Eftaitis of this Realme, that quhat-fum-ever perfon or perfonis , ofquhat Eftaite, degree or conditioun that ever they be of , fchuttis in ony times cumming , with Culvering, Crosbow, or Handbow, at Dae, Rae, Hart, Hynde, Hair, Cunning, Dow, Herron, or foule of river, within this Realme, fall foirfault and tyne their haill moveabil gudis,that ane halfe thereof to our Soveraine Lordis ufe,and the uther halfe to be applyed to the Judge , and apprehender of him that committis the crime , to bee divided equallie betuixt them. And to that effecT: , ordainis all SchirerFes, Stewardes, Baillies of Regalitie , and all uther ordinar Judges , with fik uthers, as fall pleafe our Soveraine Lord , and his Regent to give power and commiflion to, to call the con- traveneris of this prefent Aft , at particular diettis. And gif they be convicl: of the crime , to efcheit all their moveabil gudis, to be applyed in maner foirfaid. And git the committer of the cryme be ane vagabound not havand