FOOTNOTES:

[7] Our forefathers, if not more moral than ourselves, certainly punished immorality, when discovered, much more severely, as is witnessed by the following proclamation:—

"William by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith; To ... Macers of Our Privy Council, Messengers at Arms, Our Sherifs in that part, conjunctly and severally, specially constitute, Greeting: Forasmuch as, notwithstanding of the many good Laws and Acts of Parliament made against Prophaneness, and for the restraining and suppressing of Vice and Immoralities, the same do still abound, to the great dishonour of God, the Reproach of the true Protestant Religion, and to the hurt and prejudice of the Peace and Government of the Realm; And We being resolved, as it hath alwise been Our Care, to have these Laws and Acts of Parliament put in due and vigorous Execution; And conceiving that the Printing and publishing of an abreviat of the saids Acts duely collected, and laid together, for the better Information and Instruction of all Our Judges, Officers and Ministers of the Law, and also of all Our other good Subjects, may be of special Use and Advantage, for their better Observation and Execution, according, to their full Tenor and Intent: Therefore, and in Answer to an Address, presented to the Lords of Our Privy Council, by the Commissioners of the late General Assembly of this Church for that effect; We with Advice of the saids Lords of Our Privy Council, have thought fit, and do hereby appoint the Abreviat and List of the saids Acts hereto subjoined to be Printed and duely published at all the Mercat Crosses of the Head Burghs of the Shires, Stewartries, Regalities and Baillaries of this Realm: And farder, that in all time coming, this present Proclamation, with the Abreviat and List thereto subjoined, be publickly read twice every Year in all the Paroch Churches and Congregations within this Kingdom, to wit, on the first Lords Day after each Term of Whitsunday and Martinmas yearly, after the Forenoons Sermon, and before the dissolving of the Congregation; and that all Presbyteries be careful to have this Publication constantly and solemnly made in all Churches within their Bounds, with suitable and pertinent Exhortations, as they will be answerable; And We peremptorly Command and Charge, all Judges, Magistrats and Officers of the Law whatsoever, each of them within their Bounds and Jurisdictions; and as they are thereto respectively impowered, to be careful to put the foresaids Laws above, and after mentioned, to due and exact Execution upon their highest peril. Follows the List and Abbreviat of the Laws against Prophaneness, and for suppressing of Vice and Immorality. 1mo. Act twenty one, Charles second, Parliament first, Session first, Entituled, Act against the Crime of Blasphemy, that whosoever not being distracted in his Wits, shall rail upon, or Curse God, or any of the Persons of the Blessed Trinity, shall be processed before the Chief Justice, and being found Guilty, shall be punished with Death: As also, whosoever shall deny God, or any of the Persons of the Blessed Trinity; and obstinatly continue therein, being processed and found Guilty, shall be punished with Death. Item, The Act of Our first Parliament, Session fifth, Cap. Eleventh, Ratifying the foresaid Act; And farder Statuting, that whoever hereafter shall in their Writing or Discourse, Deny, Impugn or Quarel, Argue or Reason against the Being of God, or any of the Persons of the Blessed Trinity, or the Authority of the Holy Scriptures of the Old and New Testament, or the Providence of God, in the Government of the World, shall for the first Fault be punished with Imprisonment, ay and while they give publick Satisfaction in Sackcloth to the Congregation in which the Scandal was committed; And for the second Fault, the Delinquent shall be fined in a years valued Rent of his real Estate, and the twenty part of his free personal Estate, the equal half of which Fines to be applyed to the Poor of the Paroch where the Crime shall be committed, and the other half to the Informer, besides his being Imprisoned, ay and while he again make Satisfaction as above; And for the third Fault, he shall be punished by Death, as an obstinat Blasphemer: And all Magistrats and Ministers of the Law, and Judges in this Kingdom, are Authorised and Required to put this Act in Execution as to the first Fault, as are all Sheriffs, Stewarts, Baillies of Baillaries and Regalities, and their Deputs, and Magistrats of Burghs, to put the same in Execution as to the second Fault; remitting the Execution thereof, as to the third Fault, to the Lords of His Majesties Justiciary. 2do. All Laws and Acts of Parliament made against Cursing and Swearing, as Act Queen Mary, Parliament fifth, Cap. Sixteenth, whereby it is Statute, that whosoever Swears abominable Oaths, and detestable Execrations, shall be punished with the Pecuniary Mulcts, and other pains contained in the said Act. Act James sixth, Parliament seventh, Cap. One hundred and third, ratifying the foresaid Act, with an Augmentation of the Pains, and that Censors be appointed in the Mercat place of all Burrows, and other publick Fairs, with Power to put the Swearers of abominable Oaths in Ward, while they have payed the saids Pains, and find Surety to abstain in time coming, and that by Direction and Commission of the Sherifs, Stewarts, Baillies, Provosts, Baillies of Burrows, Lords of Regalities, and other ordinary Officers; And that all House-holders delate to the Magistrates, the Names of the Transgressors of this present Act within their Houses, that they may be punished, under the pain to be esteemed and punished as Offenders themselves; And that if the said Magistrats be remiss or negligent in the Execution of this Act, they shall upon Complaint be called before Us, and Our Privy Council, and committed to Ward during pleasure, and find Surety under great Pains at Our sight, for their exact Diligence in executing the said Act thereafter. Act Charles second, Parliament first, Session first, Cap. nineteenth, ratifying and approving all Acts of Parliament against all manner of Cursing and Swearing. And farder declaring that each Person who shal Blaspheme, Swear or Curse, shall be lyable in the pains following, each Nobleman in twenty Pounds Scots, each Baron in twenty Merks, each Gentleman, Heretor or Burges in ten Merks, each Yeoman in forty shillings Scots, each Servant in twenty shillings toties quoties, each Minister in the fifth part of his Years Stipend, and if the Party Offender be not able to pay the Penalties foresaid, then to be examplary punished in his Body, according to the Merit of his Fault: And this Act is again Ratified, Charles second, Parliament second, Session third, Cap. twenty two, which contains a distinct and particular Method, how and by whom, it shall be Execute. 3tio. All Laws and Acts of Parliament for Observation of the Sabbath or Lords-Day, As Act James sixth, Parliament sixth, Cap. seventy one, That there be no Mercats nor Fairs holden upon the Sabbath Day, nor yet within the Kirk or Kirk-yards that Day, or any other day; and that no Handy-Labour be used upon the Sabbath-Day, under the pain of Ten shilling Scots; and that no Gaming, Playing, passing to the Taverns and Ale Houses, or selling of Meat or Drink, or wilful remaining from the Paroch-Kirk in time of Sermon, or Prayers, upon the Sabbath-Day be used, under the Pains of Twenty shilling Scots, and who refuse, or are unable to pay the saids Pains, shall be put and holden in the Stocks, or such other Engine devised for publick Punishment, by the space of Twenty Four Hours; and this Act as to the discharging of Fairs and Mercats holden on Sabbath-Days, Ratified James the Sixth, Parliament Thirteenth, Cap. one hundred and fifty nine, and again Ratified against these who Prophane the Sabbath-Day, by Selling or Presenting Goods to be sold upon the said Day, and the Pain of the Third Transgression, declared to be Escheat of their haill Goods and Punishment of their Persons at our Will; James sixth, Parliament fourteenth, Cap. one hundred and ninety eight. Item, Act eighteenth Charles second, Parliament first, Entituled, Act for the due Observation of the Sabbath-Day, Ratifying and Approving all former Acts of Parliament made for Observation of the Sabbath-Day, and against the Breakers thereof, and discharging all going of Salt pans, Milns or Kilns, under the pain of twenty Pounds Scots, to be payed by the Heretors and Possessors thereof; and all Salmond-fishing, hiring of Shearers, carrying of Loads, keeping of Mercats, or using of Merchandice on the said Day, and all other Prophanations thereof, under the pain of Ten Pounds Scots, the one half whereof to be payed by the said Fisher, and Shearer hired, and the other half by the persons Hiring, and if the Offender be not able to pay the saids Penalties, that he be exemplary punished in his Body, according to the Merit of his Fault; and this Act ratified Charles second, Parliament second, Session third, Cap. twenty two. 4to. The Act Charles second, Parliament first, Session first, Cap. twenty, Entituled, Act against Cursing and Beating of Parents, whereby it is Statute, that whosoever Son or Daughter above the age of sixteen years, not being distracted, shall Beat and Curse either their Father or Mother, shall be put to death without Mercy, and such as are within the Age of Sixteen Years, and past the Age of Pupilarity, to be punished at the Arbitrament of the Judge, according to their deserving. 5to. All Acts against Drunkards and excessive Drinking, such as the Act James sixth, Parliament twenty two, Cap. twenty whereby it is Statute, That all persons convict of Drunkenness, or of Haunting of Taverns and Ale-Houses after Ten Hours at Night, or at any time of the Day, except in time of Travel, or for ordinary Refreshment, shall for the first Fault pay Three Pounds, or if unable, or refusing, be put in Joggs or Prison for the space of six Hours; For the second Fault five Pounds, or if unable, or refusing, to be keeped in Stocks or Prison for the space of twelve Hours; And for the third Fault, to pay Ten Pounds, or in case foresaid to be keeped in Stocks or Prison for the space of twenty four Hours: if they transgress thereafter, to be committed to Prison till they find Caution for their good Behaviour. Item, The Act Charles second, Parliament first, Cap. nineteenth, Ratifying all former Acts against the Crime of excessive Drinking, Declaring, That whosoever shall drink unto Excess, shall be lyable, each Nobleman in twenty pounds Scots, each Baron in twenty Merks, each Gentleman, Heretor or Burgess in ten Merks, each Yeoman in forty shillings, each Servant in twenty shillings Scots toties quoties; each Minister in the fifth part of his years Stipend, and that the Offender unable to pay the foresaids Penalties be exemplary punished in his Body, according to the Merit of his Fault. 6to. The Laws and Acts of Parliament made against Adulterers, as Queen Mary, Parliament fifth, Cap. twenty, whereby it is Statute, That manifest and incorrigible Adulterers after the Process of Haly-Kirk, sua far as the samen may extend, is used upon them, for their Disobedience and Contemption, be denounced Rebels and put to the Horn, and all their Moveable inbrought as Escheat, and no Appellation interponed frae the said Censures of Haly-Kirk to suspend the Horning. Act Queen Mary, Parliament ninth, Cap. seventy four, That all notour and manifest Committers of Adultery be punished with all rigour unto the Death, as well the Woman as the Man, after due Monition made to abstain frae the said nottour Crime, and that for other Adultery the Acts and Laws made thereupon of before, be put to Execution with all rigour. And the Act James sixth, Parliament seventh, Cap. one hundred and fifth, whereby it is declared, That it shall be judged nottour and manifest Adultery, wordie of the pain of Death, whoever has Bairns one or moe procreat betwixt the persons Adulterers, or when they keep Company in Bed together notoriously known, or when they are suspect of Adultery, and duely admonished by the Kirk, to abstain and satisfy the Kirk by Repentance and Purgation, yet contemptuously refusing, are Excommunicat for their Obstinacy. 7timo. All Laws and Acts of Parliament made against Fornication, as Act Ja. sixth, Parliament first, Cap. thirteenth, Statuting, That who shall commit the filthy Vice of Fornication, shall for the first Fault, as well the Man as the Woman, pay the Sum of Forty pounds, or then both he and she shall be Imprisoned for the space of eight days, their Food to be Bread and small Drink, and thereafter presented to the Mercat-place of the Town or Paroch bare-headed, shall there stand fastned, that they may not remove for the space of two Hours; For the second Fault, the Sum of one hundred Merks, or then the forenamed days of their Imprisonment shall be doubled, their Food to be Bread and Water allenarly, and thereafter shall be presented to the Mercat-place, and the Heads of both the Man and the Woman to be Shaven. And for the third Fault, One hundred Pounds, or else the above Imprisonment to be Tripled, their Food to be Bread and Water allenarly; And thereafter to be taken to the deepest and foulest Pool or Water of the Town or Paroch, and there to be thrice Doucked, and then Banished the said Town and Paroch, for ever, and how oft any Person shall be Convict thereafter of the said Vice of Fornication, that so oft the third Penalty be Execute upon them. Item, The Act Charles second, Parliament first, Cap. Thirty Eight, Impowering the Justices of Peace to put in Execution Acts of Parliament, for punishing the persons Guilty of Fornication, and that they cause them pay the Pecunial Sums following: Each Nobleman for the first Fault, Four hundred Pounds; Each Baron Two hundred Pounds; Each other Gentleman or Burges, One hundred Pounds. Every other person of Inferior Quality Ten Pounds Scots Money, and that these Penalties be doubled toties quoties, according to the Relapses, and Degrees of the Offence, and Quality of the Offenders; And that they be payed not only by the Man, but also by the Woman according to her Quality, and the Degree of her Offence, the one without prejudice of the other. Item, the said Act Charles second, Parliament first, Session first, Cap. thirty eight, Statutes, That the Justices of Peace put in Execution all Acts of Parliament for punishing all persons, who shall be Mockers, or Reproachers of Piety, or the Exercise thereof, and cause them pay the Penalties contained in the forementioned Act of Parliament against prophane Swearing. Item, The Act of our first Parliament, Session fifth, Cap. Thirteenth, Entituled, Act against Prophaneness, strictly requiring and enjoining, that all Sherifs and their Deputs, Stewarts and their Deputs, Baillies of Baillaries, and their Deputs, Magistrats of Burghs-Royal, and Justices of Peace within whose Bounds any of the said Sins of Cursing, Swearing, Drunkenness, Fornication, Prophanation of the Lords Day, and Mocking and Reproaching of Religion shall happen to be committed, to put the saids Acts to exact and punctual Execution at all times, without necessity of any Dispensation, and against all persons, whether Officers, Soldiers or others without Exception; Certifying, that such of the saids Judges as shall refuse, neglect, or delay to put the Laws made against the said Sins in Execution, upon application of any Minister or Kirk-Session, or any person in their Name offering Information, and sufficient Probation, shall toties quoties be subject and liable to a Fine of an hundred pounds Scots, for which they may be pursued at the instance of the Agent of the Kirk, or Minister of the Paroch by summar Process, without the Order of the Roll. Item, the Twenty one Act of the second Session of the current Parliament, dated the nineteenth of July One thousand six hundred and ninety, Entituled, Act anent Murdering of Children, whereby it is Statute, That if any Woman shall conceal her being with Child during the whole space, and shall not call for, and make use of Help and Assistance in the Birth, the Child being found Dead or Amissing, the Mother shall be holden and repute the Murderer of her own Child, tho there be no appearance of Bruise or Wound upon the Body of the Child.[I] All which Acts abovementioned are hereby ordered to be published only for superabundance, and the better Information of our Liedges, without the least derogation to other Acts or Laws not published in this manner. Our Will is Herefore, and we Charge you strictly and Command, that incontinent these our Letters seen ye pass to the Mercat Cross of Edinburgh, and to the remanent Mercat Crosses of the Head Burghs of the several Shires, and Stewartries within this Kingdom, and in Our Name and Authority make Publication hereof, that none may pretend Ignorance; And We Ordain Our Solicitor, to dispatch Copies hereof, to the Sherifs of the several Shires, and Stewarts of Stewartries and their Deputs or Clerks to be by them published at the Mercat Crosses of the Head Burghs upon Receit thereof, and immediately sent to the several Ministers, to the effect the same may be read and intimate at their Paroch Churches, upon the Lords Day immediately following Footnote: the Publication hereof at the said Mercat Crosses. And Ordains these Presents to be Printed and Published in manner foresaid.

"Given under Our Signet at Edinburgh the twenty fifth day of January, and of Our Reign the ninth year, 1698.

"Per Actum Dominorum Secreti Concilii.

"Gilb. Eliot. Cls. Sti. Concilii."

[8] How many of our learned clergy could to-day question anyone in Greek, and how would many of our bishops feel if they knew that their reputations and lives depended on their carrying on a conversation in the languages of Hellas?

[9] We learn from the "Démonomanie" that M. des Niau was the person here referred to in the first person, and therefore the writer of the book.

[10] The text says: "Relevant jupes et chemise, montrant ses parties les plus secretes, sans honte, et se servant de mots lascifs. Ses gestes devinrent si grossiers que les témoins se cachaient la figure. Elle répétait, en s' ... des mains, "Venez donc, f ... moi!"

[11] A curious case is mentioned in Arnot's Criminal Trials:—