able in £400 to noblemen, £200 the baron, 100 the gentleman and burgess, and 10 every inferior person; and that the pain be doubled toties quoties, and to be levied off the man as well as the woman, to be applied to pious uses. But if fornicators be insolvent, they are to be punished corporally, according to the 13th act, Parl. 1. James VI.

12. Although the subsequent marriage of fornicators may defend them from civil punishment, and likewise legitimates the children begotten before marriage, according to the present practice, yet the church doth not judge the scandal given to be thereby removed; and therefore, by their act 11th June, 1646, they appoint all married persons, under public scandal of fornication before marriage, although the scandal thereof hath not appeared before marriage to satisfy publicly therefor, their being in the state of marriage notwithstanding, and in the same manner they should have done if they were not married.

13. According to Mattheus de Criminibus, "Monstrosa Venus est quæcunque vel virum vel fœminam mentiWith us the confession of sodomy itself, without any other adminicles, is sufficient to infer the punishment of death, except the confessor be known, or at least suspected to be distempered. Bestiality is likewise punishable with death; and the endeavour is as highly punishable, if the delinquent was only hindered by others. In both these crimes witnesses who are liable to exceptions will be received, because of the atrocity of the crime, as some authors think. See Mackenzie on this title. We have reason to bless God that these crimes are rarely committed, and some of them not so much as known in this land; and therefore never any particular statute against them hath yet been made. But our libels against them bear, that although by the law of the Omnipotent God, as it is declared Levit. xx. as well the man who lieth with mankind, as the man who lieth with a beast, be punishable with death, &c. the ordinary punishment in both these is burning, and the beast is also burnt or drowned with which the bestiality was committed; part

ly for the preventing of monstrous births, and partly to blot out the memory of so loathsome a crime.

TITLE XII.

Of Penny Bridals, Promiscuous Dancing, Stage Plays, Immodesty of Apparel, Drunkenness, Tippling, and acts in general against Profaneness.

1. Penny-weddings are neither by our civil nor ecclesiastical constitutions absolutely discharged, for that were to deprive the poorer sort of the satisfaction of meeting with their friends on that occasion. But our Assembly, considering that many persons do invite to these pennyweddings excessive numbers, among whom there frequently falls out drunkenness and uncleanness, for preventing whereof, by their act February 13. 1645, they ordain presbyteries to take special care for restraining the abuses ordinarily committed at these occasions, as they shall think fit, and to take a strict account of the obedience of every session to their orders thereanent, and that at their visitation of parishes within their bounds: Which act is ratified March 8. 1701. And by the 12th sess. Assembly 1706, presbyteries are to apply to magistrates for executing the laws relating to pennybridals, and the commission, upon application from them, are to apply to the government for obliging the judges, who refuse, to execute their office in that matter. By the 14th act, Parl 3, Car. II. it is ordained, that at marriages, besides the married persons, their parents, brothers, and sisters, and the family wherein they live, there shall not be present above four friends on either side. And if there shall be any greater number of persons at penny-weddings, within a town, or two miles thereof, that the master of the house shall be fined in the sum of 500 merks.

2. The General Assembly, by their act July 19th, 1649, finding that scandal and abuse arises from promiscuous dancing, do therefore discharge the same: The censure thereof is referred to the several presbyteries,

which is ratified March 8. 1701. By the Church Discipline of France, cap. 14. art. 27. those who make account to dance, or are present at dancing, after having been several times admonished, shall be excommunicated upon their growing obstinate and rebellious; and all church judicatures are to see this act put into execution. By the 53d canon Concilii Laodiceni, "Non oportet Christianos ad nuptias venientes ballare vel saltare, sed modeste cænare vel prandere, ut decet Christianos."

3. By the 28th art. of the forecited cap. of the French Church Discipline, Christian magistrates are exhorted not to tolerate hocus pocus, and slight of hand plays, nor puppet and stage players, neither shall it be lawful for believers to assist at comedies or tragedies, and such other plays, acted in public or private, seeing that in all ages they have been prohibited among Christians, as tending to the corrupting of good manners. Nevertheless, when in colleges it shall be thought fit that youth may represent some history, it may be tolerated, providing it be not contained in the Holy Scriptures, and done very seldom, and even then by advice of the colloquy, which shall first be satisfied with the composition. In the third book of the Digests, tit 2. De his qui notantur infamia, book 2. § 5. sub fin. "Eos enim qui quæstus causa in certamina descendunt, et omnes propter præmium in scænam prodeuntes, famosos esse.

4. By the 25th art. of the above cited cap. of the French Church Discipline, the churches shall advertise believers to use great modesty in apparel, and shall give order to abate the superfluity therein committed. Nevertheless, the churches shall make no law thereabout, the making of such appertaining to the magistrate. And by art. 26. all persons who wear habits to have open marks of dissoluteness, shame, and too much newness, as painting, naked breasts, and the like, the consistory shall use all possible means to suppress such badges of immodesty by censures. All obscene pictures, which are apt to dispose and incite to unclean thoughts and desires, are most improper furniture for the houses of Christians, and therefore the users of them may fall under church censure if they be not removed.

5. Temperance is the golden mids between abstinence and intemperance; for attaining whereof, when we are sufficiently strengthened and refreshed with our ordinary diets, we should abstain betwixt them; and if we will not suffer ourselves to be, thus rationally bounded, I cannot see how we can otherwise eschew the evil of being tempted to excess in drinking, both from the specious pretences and solicitations of our own voluptuous tempers, and the enticement and example of others: And if we transgress the bound above proposed, we cannot but fall into temptation: For as Card. Bona, de Vitæ Christianæ Principiis, saith," sæpe nescimus utrum subsidium petat inevitabilis corporis cura, an fallacia concupiscentiæ nos decipiat, et in hac incertitudine hilarescit infelix anima, ut salutis obtentu intemperantiam excuset." Our law seems to approve and appoint this manner of bounding, for the 20th act, Parl. 22. James VI. dischargeth all haunting of taverns and ale-houses after ten hours at night, or any time of the day, excepting time of travel, or for ordinary refreshments, under the pain of being punished as drunkards. And therefore, if one accused for drunkenness, deny the same, or impute the signs and effects thereof proven against him, to other causes, as sickness of the stomach, giddiness of the head, or the like; these defences, though they may be true, yet are not relevant to defend the accused against the punishment of drunkenness, providing his tippling be proven by the unseasonable haunting of taverns; and it needs not be thought hard that no distinction is made betwixt drunkenness and tippling, seeing it is a common observation, that tipplers are harder to be reclaimed than drunkards themselves.

6. Among the remedies proposed against the corruption of the ministry, by Assembly 13th June 1646, act 11. ministers are not only to forbear drinking of healths, called Satan's snare, leading to excess, but likewise to reprove it in others: and the following act of Parliament punishing the sin of drunkenness, doth appoint excessive drinking, especially under the name of healths, to be punished. The act I mean is 19th sess. 1. Parl. 1. Car. II.

which enacts, that who drinks to excess, or haunts taverns as above, shall pay, the nobleman £20, the baron 20 merks, the gentleman, heritor, or burgess, 10 merks, the yeoman 40 shillings, and the servant 20 shillings, toties quoties, and the minister the fifth part of his stipend : which fines are to be applied as the fines for other immoralities, and the insolvent are to be punished in their persons.

7. Such as commit crimes in their drink, are sometimes, for want of design and malice, more meekly punished than others, especially if they were cheated upon design, into that condition by others. And in this case, the law distinguisheth inter ebrios, who are rarely drunk, and ebriosos, who are habitually such; for these last should be most severely punished, both for their drunkenness, and the crimes occasioned by it. And such as make themselves drunk, upon design to excuse or lessen there. by the sin they are to commit, merit no favour; and such as know they are subject to extravagancies in their drink, merit as little. Persons that are incapable and stupid through drink, the law not only forbids people to: contract with them, but makes all contracts then made reducible on that head. The law is so far from counte-> nancing fraud, that it repairs the injured against it. See: Stair's Instit. p. 98. and 602.

8. By the 40th act, sess. 4. Parl. King William and Queen Mary, presbyteries are ordained to appoint informers against and prosecutors of profane persons, within their bounds, before the civil magistrate. And by the 13th act of the following session of that Parliament, all magistrates are strictly required to execute the laws against profaneness at all times, and against all persons, whether officers, soldiers, or others, without exception. And if any of these judges shall refuse or delay to put the said laws to execution upon application from minister, kirk-session, or any in their name, giving information, and offering sufficient probation against the offender, that every one of the judges so refusing or neglecting, shall, toties quoties, be subject and liable to a fine of an hundred pounds, to be applied for the use of the poor