Who shall lay any thing to the charge of God’s elect? It is God that justifieth.—Rom. 8.33

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LAWS AND ACTS:
That is,
Excerpts from the
Laws, Acts, Constitutions, &
Public Declarations
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ONCE FAVOURED WITH THE LIGHT OF THE
GOSPEL OF
JESUS CHRIST,

King of Kings, and Lord of Lords.

Thou camest down also upon mount Sinai, and spakest with them from heaven,
and gavest them right judgments, and true laws, good statutes
and commandments... But they and our fathers dealt proudly,
and hardened their necks, and hearkened not to
thy commandments
.—Nehemiah 9.13,16.

Nation:Scotland
Reign:James VI
Parliament:The First Parliament of King James the Sixth (1567-12-15 — 1567-12-29)
Session:Only Session of the First Parliament of James VI

13. Anent the filthie vice of Fornication, and punishment of the samin.

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13. Anent the filthy vice of Fornication, and punishment of the same.

ITEM, It is statute, and ordained be our Soveraine Lord, with advise and consent of his dearest Regent, & three Estaites of this present Parliament, that gif ony person or personis within this Realme, to Burgh or to land, sall commit the filthie vice of Fornication and beis convict thereof, that the committeris thereof, sall be punished in maner following. That is to say, for the first fault, alsweil the man, as the woman, sall pay the summe of fourtie pundis: Or then baith he, and she, sall be imprisoned for the space of aucht dayes, their fude to be breade and small drinke. And thereafter presented to the mercat place of the Towne or Parochin bair-headed, & there stand fastened, that they may not remoove, for the space of twa houres: as fra ten houres to twelve houres at noone. For the second fault being convict, they sall pay the summe of ane hundreth markes, or then the foirnamed dayis of their imprisonement sall be doubled, their fude to be bread and water allanerlie. And in the end, to be presented to the said mercat place, and baith the headis of the man & the woman to be schaven. And for the thrid fault, being convict thereof, sall pay ane hundreth pundis, Or else their above imprisonment to be tripled, their fude to be breade and water allanerlie. And in the end, to be tane to the deipest and foullest pule, or water of the Towne, or Parochin, there to be thrise dowked, and theirafter banished the said Towne, or Parochin for ever. And fra thine furth, how oft that ever they be convict, of the foresaide vice of Fornication, that sa oft the said thrid penaltie be execute upon them. And that the Provest and Baillies of ilk Burgh, the Justice general, and his deputes, or sik {365} uthers persones, as sall please our said Soveraine Lord to give commission unto, be Judges to the persones suspect, & delated of Fornication: and being convict, they sall lift and uptake the above written pecunial paines, of the persones responsal, & rather willing to pay the samin, nor to be demained in their persones. And that the saidis corporal paines of imprisonment, banishing, and uthers above specified, be execute upon all sik persones, as outher refusis to pay the pecunial paines, or that ar not responsal to pay the samin. And that the samin pecunial paines, quhilkis sall happen to be received, be surelie keiped in ane close box, and be converted ad pios usus, in they partis, quhair the cryme is committed, as it sall please our said Soveraine Lord, and his dearest Regent to commande. And the receivers of the said paynes, to be ready to give accompt thereof, quhen ever they sall be requyred thereunto.

ITEM, It is statute, and ordained by our Sovereign Lord, with advice and consent of his dearest Regent, & three Estates of this present Parliament, that if any person or persons within this Realm, to Burgh or to land [in town or in country], shall commit the filthy vice of Fornication and is convict thereof, that the committers thereof, shall be punished in manner following: That is to say, for the first fault, as well the man, as the woman, shall 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 marketplace of the Town or Parish bare-headed, & there stand fastened, that they may not remove, for the space of two hours: as from ten hours to twelve hours at noon. For the second fault being convict, they shall pay the sum of an hundred marks, or then the forenamed days of their imprisonment shall be doubled, their food to be bread and water only. And in the end, to be presented to the said marketplace, and both the heads of the man & the woman to be shaven. And for the third fault, being convict thereof, shall pay one hundred pounds, Or else their above imprisonment to be tripled, their food to be bread and water only. And in the end, to be taken to the deepest and foulest pool, or water of the Town, or Parish, there to be thrice dunked, and thereafter banished [from] the said Town, or Parish forever. And from thenceforth, how oft that ever they be convicted, of the foresaid vice of Fornication, that so oft the said third penalty be execute upon them. And that the Provost and Baillies of each Burgh, the Justice general, and his deputes, or such {365} other persons, as shall please our said Sovereign Lord to give commission unto, be Judges to the persons suspected, & delated of Fornication: and being convicted, they shall lift and uptake the above written pecunial pains, of the persons responsal [solvent], & rather willing to pay the same, nor [than] to be demained [dealt with] in their persons. And that the said corporal pains of imprisonment, banishing, and others above specified, be execute upon all such persons, as either refuse to pay the pecunial pains, or that are not responsal [solvent] to pay the same. And that the same pecunial pains, which shall happen to be received, be surely kept in a close box, and be converted ad pios usus, in those parts, where the crime is committed, as it shall please our said Sovereign Lord, and his dearest Regent to command. And the receivers of the said pains, to be ready to give account thereof, whenever they shall be required thereunto.