bate the fuperfluity therein committed. Nevertheless, the Churches fhall make no Law thereabout, the making of fuch ap pertaining to the Magiftrate. And by the 26. Art. all perfons who wear Habits that have open marks of diffoluteness, shame, and too much newness, as painting, naked breasts and the like, the Confiftory fhall ufe all poflible means to fuprefs fuch badges of immodefty by Cenfures. All obfcene pictures, which are apt to difpofe and incite to unclean thoughts and defires, are moft improper furniture for the houses of Christians, and therefore the Ufers of them may fall under Church Censure if they be not removed. Means & $ 5. Temperance is the Golden Mids between Abftinence confiderati- and Intemperance; for attaining whereof, when we are fufficientons for pre-ly ftrengthened and refreshed with our ordinary diets, we should venting Drunken- abftain betwixt them, and if we will not fuffer ourselves to be nefs. thus rationally bounded I cannot fee how we can otherways efchew the evil of being tempted to excefs in Drinking, both from the fpecious pretences and folicitations of our own voluptuous tempers, and the inticement and example of others: And if we tranfgrefs the bound above-propofed, we cannot but fall into tentation: For as Card. Bona, de vita Christiana principiis faith, fæpe nefcimus utrum fubfidium petat inevitabilis corporis cura, an fallacia concupifcentia nos decipiat, et in hac incertitudine hilarefcit infelix anima, ut falutis obtentu intemperantiam excufet. Our Law feems to approve and appoint this manner of bounding, for the 20. Act, Par. 22. Jac. 6. Tipling difchargeth all haunting of Taverns and Ale-houses after ten punishable, hours at night, or any time of the day, excepting time of Travel, as Drunk or for ordinary refreshments, under the pain of being punished ennefs. as Drunkards. And therefore, if one accused for drunkennefs, a Snare ; deny the fame, or impute the figns and effects thereof proven against him, to other causes, as fickness of the ftomac, giddiness of the head or the like; thefe defences, though they may be true, yet are not relevant to defend the accused against the punishment of Drunkennefs, providing his tipling be proven by the unfeasonable haunting of Taverns; And it needs not be thought hard that no diftinction is made betwixt Drunkenness and Tipling, feeing it is a common obfervation, that Tiplers are harder to be reclaimed than Drunkards themfelves. Drinking $ 6. Among the remedies proposed against the corruption of of Healths the Miniftery, by Affembly June 13th, 1646, A&t 11. MinifDrunken- ters are not only to forbear Drinking of Healths, called Satan's nefs, how Snare, leading to excefs, but likewife to reprove it in others; punished. And the following Act of Parliament punishing the Sin of Drunkennefs, doth appoint exceffive drinking, especially under the name of Healths to be punished. The A&t I mean is 19. Seff. 1. Par. 1. Car. 2. Which Enacts that who drinks to excefs, or haunts Taverns as above, fhall pay, the Nobleman 20 EID. The Baron 20 MERKS, The Gentleman, Heretor, or Bur gefs 10 MERKS, the Yeoman 40 Shilling, and the Servant 20 Shilling, TOTIES QUOTIES, and the Minifter the fifth part of his Stipend: Which Fines are to be applied as the Fines for other immoralities, and the Infolvent are to be punished in their perfons. If fuch as able for can con $7. Such as commit Crimes in their Drink, are fometimes for want of defign and malice, more meekly punished than o. are drunk thers, especially if they were cheated, upon defign, into that be punishcondition by others. And in this cafe, the Law diftinguifheth crimes, and INTER EBRIOS, who are rarely Drunk, and EBRIOSOS, who are habitually fuch; For these last should be moft feverely punished, tract. both for their Drunkenness, and the Crimes occafioned by it. And fuch as make themselves drunk, upon design to excuse or leffen thereby the Sin they are to commit, merit no favour; And fuch as know they were fubject to extravagancies in their Drink, merit as little. Perfons that are incapable and ftupid 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 fo far from countenancing Fraud, that it repairs the injured against it; See Stair's Inftit. page 98. and 602. may ap. point infor 8. By the 40. A&t, Seff. 4. Parl. King William and Queen Prefbyteries Mary, Prefbyteries are ordained to appoint Informers against, and Profecuters of Profane Persons, within their Bounds before mers against the civil Magiftrate. And by the 13th Act of the following Vice. And Seffion of that Parliament, all Magiftrates are ftrictly required how Judges to execute the Laws against Profanenefs at all times, and againft refufing to punish the all perfons, whether Officers, Soldiers, or others without excep- fanie are li tion. And if any of thefe Judges fhall refufe or delay to put able. the faid laws to execution upon application from Minifter, KirkSeffion, or any in their name, giving information, and offering fufficient probation against the Offender, that every one of the Judges fo refufing or neglecting, fhall, TOTIES QUOTIES, be fubject and liable to a Fine of an Hundred Pounds, to be applied for the use of the Poor of the Parifh where the Scandal was committed. Declaring hereby, that any for the KirkSeffion or Minifter, having their Warrant, may pursue any of these negligent Judges before the Lords of Seffion, who are or dained to proceed fummarily, and that it fhall be a fufficient probation of the Judges Refufal, if the Pursuer instruct by an infrument undera Notary's Hand, and Witnesses thereto fubfcribing, and deponing thereupon, that he made application to the faid Judge, unless the Judge fo purfued, condefcend and inftruct, that within the space of ten days after the faid applica tion, he gave order to cite the party complained on, within the fpace of ten days, and at the day of compearance, he was ready to have taken cognition of the Scandal complained on, and infruct and condefcend on a Relevant Reason why the Laws were Vice, their not put to Execution. By the 31. A&t of the 6. Seff. of King Parish Ma-William's Parl. it is Ordained, that in every Parish, where any giftrates for of the ordinary inferior Judges happen to refide, they fhall exepunishing cute the Laws against Profanenefs, and Mocking Religion and the exercise thereof, at the inftance of any perfon whatsoever who to be fhall purfue the fame; Certifying them if they failzy therein, advocate or either by themselves, or their Deputes, the Lords of Seffion will fufpended. appoint Judges in that part. And in other Parishes where no Sentences not fuch Magiftrates do refide, It is Ordained, that the forefaid Perfons fhall appoint Deputes for the faid Parishes, with the power and for the end forefaid, fuch as fhall be named to them by the Heretors and Kirk-Seffion thereof. But, really, it is foreign to Members of a Church feffion, confidered as fuch, to choofe or prefent a Civil Magiftrate, even as it is to a Civil Court, as fuch, to choose or prefent the Members of a Kirk-Seffion. And farther, they difcharge Advocation, SIMPLICITER, of Proceffes, against Immorality from thefe Parish Judges; And likewife, all Sufpenfions of their Sentences without confignation or liquidate Difcharges. It is alfo Ordained, that in case of calumnious Sufpending, the Lords of Seffion, decern a third part more than is decerned, for Expences; And likeways, they appoint the Fines to be inftantly paid in to the Parish Collector for the Poor, or the Party imprifoned till fufficient Caution be found for payment of the fame, or otherways to be exemplarily in Religion Punished in his Person in case of inability. It is alfo enacted, that no pretence of different perfuafion in matters of Religion, from church fhall exeem the Delinquent from being Cenfured and punished for fuch Immoralities, as by the Laws of this Kingdom are declared to be punishable by Fining. And it is recommended to the Privy Council, to take further effectual course against Profanenefs, and for encouraging of fuch as fhall execute the Difference exeems not Cenfure. Difcipline Laws against it. how to be faith- 9. By the Acts of Affembly for fuppreffing Profanene fs, fully exer they appoint as follows. That Church Judicatories execute cifed, and difcipline faithfully against all Scandalous Converfation, and in the Particular, against Drunkenness and Swearing, but with that quality is to. be admon Gravity, Prudence, and Meeknefs of Wisdom, as may prove most ifhed. effectual for reclaiming them. And Minifters are to be free with Perfons of Quality for amending of their Faults, and if it be found needful, Prefbyteries are to appoint fome of their NumWho grant and ufe tef ber to concur with the Minister in admonithing fuch. Masters of timonials, Families are to receive no Servants, but such as have Teftimonials their Con- of their honeft Behaviour, and none ought to get Teftimonials, tents. but fuch as are free of Scolding, Swearing, and fuch like more common Sins, as well as Fornication, Adultery, Drunkenness, and other heinous grofs Evils. And the ordinary time of giv ng Teftimonials is to be in Face of Seffion; But if an extraordi-nary exigent happen, let it be given by the Minifter with con Cenfures duly, and. Minifters to fent of the Elder of the Quarter. If they have fallen, or relapfed into scandalous Sins, let their Teftimonials bear both their fall and repentance; But it were more charitable that the fcandal were fuppreffed, and remembered no more. And perfons of quality removing to Edinburgh or elfe where, with their fami lies and followers, if they carry not Teftimonials along with them, the Minifter from whom they remove, fhall advertise the Minifter to whom they come, if to his knowledge they be lying under any Scandal. It is recommended to Minifters, Prefby- Seffions & teries, and Seffions, to meet together for private Fafting and prefbyteries Prayer, and Conference about the State of the Church, with are to keep refpect to the growth and decay of godlinefs, and fuccefs of the Days for Prayer, and gofpel; and in these days the Prefbyteries ought to pass their pals privy privy Cenfures, and both Synods and they are exhorted to perform them with more accuracy, diligence and zeal. It is appointed, that Minifters be frequent in private perfonal conference, be frequent with those of their charge, about the ftate of their Souls. And in converfe. Prefbyteries are to take fpecial Notice of Minifters, who do converfe frequently and ordinarily with Malignants, and with fcandalous and profane Perfons, efpecially fuch as belong to other Parishes. Whereas Men of Bufinefs for their too late fitting in Taverns, efpecially on Saturday's Night, do pretend relaxation business not of their minds; Therefore it is recommended to Minifters, where to be exculfuch finful customs are, to reprefent the evil thereof both pub-raying late licly and privately, and call fuch to redeem that time, which in Taverns, they have from bufinefs, and employ the fame in Converfing & Carriers • with God. It is appointed likewife, that Carriers and Tra- must have vellers bring Teftimonials from the Places where they rested on thefe Lord's Days wherein they were from Home, to their own Minifters. An Abftract of all Acts of Affemblies against Pro- Abstracts fanenefs, is to be got and Printed, and alfo it is Overtured, that of Acts of an Abstract of all Acts of Parliament against the fame be got- Parliament ten. Men of ed for tar teftimonials & Affembly fured. And each Presbytery is to hear the fame read twice a against vice year, at two Diets to be appointed for that effect. And it is to be got. likewife recommended to Prefbyteries, to prepare Overtures toGeneral Affemblies, that they being found proper means for curbing of vice, may by them be Enacted. It is appointed, Grofs Ignothat perfons grofsly Ignorant be debarred from the communi- rance how on, for the first and fecond Time, fuppreffing their Names, for to be cens the third Time expreffing their Names, and for the fourth time let them be brought to public Repentance: This is to be underftood of thofe that profit nothing, nor labour for knowlege; for if they be labouring to profit, they ought by the Act of Affembly to be treated with more forbearance. All which means for fupreffing of Profanity, are Enacted by Affemblies, August Foth, 1648-April 14th, 1694-January 24th, 1698-Janu ary 30th, 1699. TITLE XIII. Of Theft,- Sacrilege,-Ufury,-Falfhood,-Beggars and Theft what I. how panifh ed, & when Vagabonds. HEFT is defcribed by Lawyers to be Frau dulofa contrectatio, lucri faciendi gratia, vel excufable. ipfius rei, vel etiam ufus ejus poffeffionifve, quod lege naturali prohibitum eft. By the word Contrectatio they understand, not only the taking away of a Thing, for Theft is committed not only by concealing what was taken from another, but likewife the ufing a Thing depofitate or impignorate to other ende and uses than was agreed upon. When one is urged by necef fity, not from a defire to gain, to take Food or Raiment from the Owners thereof, without their confent, he is not to be defpifed, but rather pitied and pardoned, Prov. vi. 30. By the 83. Act Par. 11. Jac. 6. it is ftatute, that whofoeverdeftroys Plough, or Plough-harness in time of Tilling, or wilfully deftroys the Corns, fhall be punished therefore by the Justices to the Death as Thieves. But our practique in this is a little arbitrary and How ftollen uncertain. By the 26. Act Seff. 1. Par. 1. Car. 2. It is apGoods are pointed, that the perfon from whom goods are ftollen, purfuing to be re- the Thief, USQUE AD SENTENTIAM, fhall have his own Goods covered. ifhed. again, wherever they can be had, or the Value, and he is te have his Expences of profecuting the Thief, out of the readiest of the Goods which belong to the faid Thief. Sacrilege § 2. Sacrilegus dicitur qui facra legit. By the Canon what, and Law Sacrilege is committed, either properly, when a Thing how pun Sacred is taken out of a facred Place: or lefs properly, when a Sacred Thing is taken out of a profane place, or when a prefane Thing is taken out of a Sacred place: This Crime is likewife committed when Sacred Things are imbezzeled. Though with us, there be no formal confeerations of Churches, Vestments, Cups, &c. yet to fteal any thing deftinate to God's Service, or even to fteal any Thing out of a Church, ought to be looked on as an aggravation of the Crime of Theft. Ufury what 3. The taking of more Annual-rent, than the QUOTA flatits feveral ed by Law, is the first Branch of Ufury; The Second is, to Branches, take Annual-rents, before the term of payment; The Third is, proven and to take Wadfets in defraud of the Law; by doing this, they de punished. not take more Annual rent directly than what is prefcribed by how it is The 1 the Law, but they take Wadfets of Land from the Debitor, for |