The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 29 March 2024
[1695/5/119]1
Act against profaneness
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.
- NAS. PA2/36, f.37v-38.