[1695/5/115]*[print] [email] [cite] [preceding] [following]
Prayers said. Rolls called.
His majesty's commissioner, for the several reasons offered, excused the absence of Sir Thomas Burnett of Leys, Sir William Denholm of Westshiels, [Alexander] Arbuthnott of Knox and [John] Scott of Woll.
The minutes of the last sederunt read.
[1695/5/116]*[print] [email] [cite] [preceding] [following]
Act brought in from the committee for security of the kingdom, against blasphemy, and other crimes of that nature, read, voted and approved.
Act brought in from the said committee, discharging irregular marriages and baptisms, read, voted and approved.
Act brought in from the said committee against profaneness read, voted and approved.
Act allowing magistrates of burghs, to change weekly markets from Saturday or from Monday, to any other day of the week, providing it be not the market day of any of the next adjacent burghs, read, voted and approved.
All the said acts touched with the sceptre by his majesty's commissioner in the usual manner.
[1695/5/117]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, does hereby ratify and approve and confirm the 21st act of the first session of the first parliament of King Charles II, entitled, act against the crime of blasphemy, in the whole heads, clauses and articles thereof, and ordains the same to be put to due and punctual execution. And further, his majesty, with advice and consent foresaid, statutes and ordains that whoever hereafter shall in their writing or discourse, deny, impugn or quarrel, 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 Testaments, or the providence of God in the government of the world, shall for the first fault be punished with imprisonment, until they give public satisfaction in sackcloth to the congregation, within which the scandal was committed. And for the second fault, the delinquent shall be fined in a year's valued rent of his real estate, and the twentieth part of his free personal estate (the equal half of which fines are to be applied to the use of the poor of that parish within which the crime shall happen to be committed, and the other half to the party informer) besides his being imprisoned, until he makes again satisfaction as above. And for the third fault, he shall be punished by death as an obstinate blasphemer. Likewise his majesty, with advice and consent foresaid, hereby authorises and strictly requires and enjoins all magistrates and ministers of the law, and judges within this kingdom, to put this present act into execution as to the first fault. And does hereby empower and require all sheriffs, stewarts, bailies of bailiaries and regalities and their deputes, and magistrates of burghs, to put this act in execution as to the second fault. And as to the third fault, his majesty, with advice and consent foresaid, remits the execution of this present act to the lords of his majesty's justiciary.
[1695/5/118]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering that the baptizing of children and solemnizing of marriage by the laws and customs of this kingdom, and by the constitutions of this church, have always been done by ministers of the Gospel, authorised by law and the established church of this nation; and that, notwithstanding thereof, several ministers now outed of their churches do presume to baptize children and solemnize marriage, without proclamation of banns or consent of parents, and sometimes within the forbidden degrees. Therefore, his majesty, with advice and consent of the estates of parliament, strictly prohibits and discharges all outed ministers to baptize any children or solemnize marriage between any parties in all time coming, under the pain of imprisonment, until he find caution to go out of the kingdom, and never to return thereto. And remits the execution of this act to the ministers of the law who are to assist to the execution of the 23rd act of the fourth session of this parliament, for settling the quiet and peace of the church, declaring always, that this present act is without prejudice to the acts of parliament already made against private and clandestine marriages, which are hereby declared to stand in full force, and that execution may proceed on the said acts at the instance of the parties concerned or of the procurator fiscals of the jurisdictions where they shall happen to be questioned.
[1695/5/119]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering that the 25th act of the second session of this current parliament, entitled, act against profaneness, and the acts generally and particularly therein ratified, has not taken the wished effect through the negligence of the magistrates, officers and others concerned to put the same in execution, do hereby authorise, and strictly require and enjoin, all sheriffs and their deputes, stewarts and their deputes, bailies of bailiaries and regalities and their deputes, magistrates of royal burghs and justices of the peace, within whose bounds any of the sins forbidden by the said laws shall happen to be committed, to put the said 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, with this certification, that such of the said judges as shall refuse, neglect or delay to put the said laws in execution, upon application of any minister or kirk session, or any person in their name, giving in information and offering sufficient probation against the offender, that every one of the said judges so refusing, neglecting or delaying, shall on each occasion be subject and liable to a fine of £100 Scots, to be applied for the use of the poor of the parish where the scandal complained on was committed. Also declaring hereby that the agent for the kirk, the minister of the parish, or any other person having warrant from him, or from the kirk session, within the parish whereof the scandal complained on was committed, shall have good interest to pursue before the lords of session, any of the foresaid judges who shall happen to refuse, neglect or delay to put the said laws against profaneness to exact and punctual execution, who are hereby ordained to proceed summarily, without the order of the roll, and that it shall be a sufficient probation, of their refusal, neglect or delay, if the pursuer provide proof by an instrument under a notary's hand, and witnesses thereto subscribing and testifying thereupon, that he did inform the said judges of the said scandal and offered a sufficient probation thereof, unless the judge so pursued condescend and show that, within the space of ten days after the said application, he gave order to cite the party complained on to compear before him within the space of ten days and that, at the day of compearance, he was ready and willing to have taken examination and trial of the scandal complained on, and show and condescend on a relevant reason why the said laws were not put in execution against the person complained on.
[1695/5/120]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering that there is much occasion given for profanation of the Lord's day by keeping of weekly markets on Monday and Saturday, and that, for preventing of this abuse, there are several acts of parliament prohibiting the keeping of weekly markets the said days within royal burghs; but the said acts, not comprehending the burghs of regality and barony, and weekly markets in villages and kirk towns, the said burghs, villages and kirk towns are necessitated to keep their weekly markets on the said days conforming to the special acts of parliament made in their favour; and yet many of the said burghs, villages and others would most willingly alter and change the said market days, if they were but empowered, and authorised for that effect. Therefore, his majesty, with the advice and consent of the estates of parliament, does not only ratify and approve the said acts of parliament made against the keeping of weekly markets upon Mondays and Saturdays within royal burghs, but likewise does declare it rightful and lawful to all burghs of regality and barony and villages and kirk towns, whose weekly markets are kept the said days, to change and alter the same, and the said burghs, villages and others are hereby authorised to choose and appoint any other days of the week they think fit for the keeping and holding of the said weekly markets, they always making timeous intimation of the said change to the next adjacent burghs and providing they pitch not upon the market day of any burgh royal next adjacent, or of another market town within four miles, and that this act be not extended against butchers within royal burghs, who may keep markets of butcher-meat in their respective burghs, upon these days, this act notwithstanding.
[1695/5/121]*[print] [email] [cite] [preceding] [following]
Then the parliament proceeded in the further inquiry of the slaughter of the Glencoe-men; and in the first place, as to the orders given by Sir Thomas Livingstone in two of his letters directed to Lieutenant Colonel [James] Hamilton, and the said letters being read, after debate thereon, voted first, proceed or delay and carried proceed.
Then the question stated, whether Sir Thomas Livingstone had reason to give such orders, as were contained in these letters or not, it carried in the affirmative, nobody dissenting.
Colonel [John] Hill and Lieutenant Colonel [James] Hamilton ordered to attend the next sederunt of parliament.
[1695/5/122]*[print] [email] [cite] [preceding] [following]
A proposal for making salt upon salt, offered and remitted to the committee of trade to bring in an act thereon.
The process of treason at the king's advocate's instance against [John Drummond], earl of Melfort and others in France, called, and continued until Monday next and the witnesses ordered to attend, under the pain of £100 sterling.
[1695/5/123]*[print] [email] [cite] [preceding] [following]
The draft of an act anent the mint offered, and remitted to the committee for security of the kingdom.
Act for encouraging the exportation of victual, read, voted and approved.
[1695/5/124]*[print] [email] [cite] [preceding] [following]
The petition of the city of Edinburgh craving warrant to cite [George Melville], earl of Melville and [...] Moncrieff of Mornipe,† to hear and see a bond of £3,000 sterling granted by the said city to the said earl, and assigned by him to the said [...] Moncrieff of Mornipe, reduced, read.
The committees appointed to meet tomorrow at 9 o'clock in the morning.
The lord president, by order of his majesty's commissioner, adjourned the parliament until Monday next at 10 o'clock in the morning.