Page:The Laws and Acts of Parliament of Scotland.djvu/245

SEVENTH "PARLIAMENT- XXIV. of October. 1581. ^^ 5 pairtes of theRealme, be ufing of Pilgrimages to fome Chapelles, Welles, Croces, ana fik uther monuments of Idolacrie. As alio be oblerving of the Feftival dayes of the Sanftes , fumtime named ti i 1 Patrones, in fetting furth of bane-fyers , finging of Carralles , within and about Kirkes , at certainefea- fonsofthezeir, and obferving of fik uthers fuperltitious and Papiftical Rites, to the difhonourof GOD, contempt of his trevv Religion, and foftering of great errour amang the people. For remeid quhairof, IT IS ftatute and ordained be our Soveraine Lord, with advife of his three Eftaites of this prefent Par- liament, That nane of his Hienes Lieges prefume or take upon hand in time cumming, to haunt, frequent, or ufe the faidis Pilgrimages, or uthers the foir-namedfuperftitious and Papiftical Rites, under the paines following, videlicet, ilk Gentil-man or Woman Landed, or Wife of the Gentil-man landed, aneioo.pundes. Theunlandedanehundrethmarkes, and die Zeaman fourtie pundis, for the firft fault. And for the fecund fault, the offenders to fuffer the paine of death, as Idolaters. And for the better execution heirof, Commandis, ordainis and gives power to all Schireffes, Stewartes, Bailiies, Proveftes, Aldermen, and Bailiies of Burrowes , Lords of Regalities , their Stewartes and Bailiies , andutheris, to quhome it fall pleafe our Soveraine Lord to grant fpecial Commiffion, to fearche and feeke the perfones, paffing in Pilgrimage to ony Kirkes , Chapelles, Welles, Croces, or fik uther monuments of Idolatrie. As alfwa the fuperftitious obferveris of the Feftival dayes of the Sancles, fumtimes named their Pa- trones , quhair there is na puoiick Faires and Mercattes , fetteris out of Bane-fyers , fingers of Carrales, within and about Kirkes , and of fik uthers fuperftitious and Papiftical Rites. And apprehending rhem in the actual deede of the tranfgreffion of this prefent Act, after fpeedie judgment oi their tranfgreiiion , to put and hald them in prifon and firmance , aye and quliill they redeeme their libertie , be payment of the paines abone written, and find caution to ablteine in time cumming, under the paine of doubling of the fame paine. And gif the perfones apprehended be not able to redeeme their libertie , be payment of the faidis Pecunial paines , that then they keep the pedbnes tranfgreifburs , in prifone , irones , or llockes , upon Bread and water , for the fpace of ane Moneth , after their apprehenfion , caufand them, quhen they are fet at libertie , outlier find caution , or make Faith , to abftaine thereafter. And in cafe they happen to pafle furth of the Schire , quhair they offend un-apprehended , that the Schireffes and uther or- dinar Judges of the next Schire , Burgh , or Jurrfdiftione , apprehend them , and proceede in like maner againftthem. Declairand the ane halfe of the pecunial paines to perteine to die faidis ordinar Judges, for their paines, and for fufteining of the Perfones to be keeped in Waird , irones, or ftockes, and the uther halfe to be inbroucht , to the ufe of the pure of the Parochin. 1 o 5 1 . The Explanation oft he Afi , tuiichmg the notour and mauifejl committer is of Adult erie. ANENT The Supplication , maidtotheKingisMajeftie, and his three Eftaites of this prefent Par- liament, craving ane explanation of the Act of Parliament , maidintheReigneoftheQueene, his Hienes deareft Mother , Anent Adukerie. i hat is •, Quhat lail be efteemed and judged in Law to be notour and manifeft Adukerie, woorthie of the paine of death, mentionate in the faid Aft. IT IS theirfoir declared be his Hienes , with advife of his three Eitaites in this prefent Parliament : That it fall be judged in Law notour and manifeft Adultene, woorthx of the faid paine of death , quhair there is bairnis, ane or maa, procreat betuixt the perfons Adulterers , or quhen they keepe company and bed rogidder notoriouflie knawen , or quhen they are fufpeci of Aduiterie , arid thereby give 5 fclander to the Kirk , quhair-upon, being dewlie admonifched , to abfteine and fatisfie the Kirk be Repentance, or purgation , and zit contemptnandlie refufand, are excommunicate for their obftinacie. All thir three degrees of Adulterers , and every ane of them , being lauchfully called and convict befoir the Jufticc and his Deputes , fall incurre and fuffer the faid paine of death. # 106. x^Againft Fugitives and uther is Papiflspratlizhg againji the trewe Religioti. FORSAMEIKIL as certaine fugitives and.utheris Perfones , O U R SOVERAINE LORDIS borne fubjectes, now remaining furth of this Real me, Profeffing themfelves the fubjectes and fer- vandes of uther Princes , upon difdaine and malice borne be them , againft the trewe and Chriftian Religion, nowe publickhe preached , and be Lawe eftablifhed within this Realme Ceafiis not , fa far as in them lyis, to pervert the zouth of this Nation, Palling furth of this Realme to the Schooles, and to vifit uther cuntries. And als makis , fettis furth , fends hame , and caufis to be difperfed in this Realme divers infa- mous Buikes, andLibelles, in the praife and defence of the Paips and his ufurped Authoritie, damned be God his Word , and our Soveraine Lordis Lawes. As alfwa findrie of the fame Perfones prefumes oft-times to repair in to this Realm themfelves , under colour to feeke the reco erie of their health, be die air of theif native Cuntrie •. Intending to feduce the fimple and ignorant people , and uthers ony wayes affected to their fuperftitious and erroneous doclrine. For remeid quhairof, IT IS ftatute and ordained be our So veraine Lord , with advife of his three Eftaites : That the Aftes maid for punifhment of his Hienes fubjectes, adverfaries to the trew and Chriftian Religion , and perfons fufpecf ed , to have declined therefra , beput to dew execution in all pointes with this addition : That it fall not be ieifum to ony of the faidis perfones his Hienes fubjecles , or ftrangers ( not being AmbafTadours , Meffengers , or Merchantes ) adverfaries k % of