6. it is appointed, that Ufury fhall be proved by the Oath of the Party Receiver, of the unlawful annual rent, and Witneffes infert, without receiving the Oath of the Giver, of the Ufury, for eviting Perjury. The pain of Ufury with us, is, that the Debitor fhall be free from his Obligation, or have back his Plege, or if the Debitor conceal, then the Revealer fhall have right to the fums. Act 222. Parl. 14. Jac. 6. and by 248. A& Parl. 15. Jac. 6. it is appointed, that the Ufurary Bond or Contract fhall be reduced, and being reduced, the fum shall belong to His Majefty or his Donators; and the Party to have repetition of the unlawful annual rent paid by him, in cafe only he concur with the Donator in the Reduction. Ufury is called CRIMEN TRIUSQUC FORI, and how Minifters are to be cenfured for it, fee LIB. 4. TIT. 5. Falshood Falshood in Write. 4. Falfhood is a fraudulent fupreffion, or imitation of truth in prejudice of another. This defcription of CRIMEN FALSI, what. or FALSITAS, doth agree with that given by the Canonifts, viz. Est fraudelenta five dolofa veritatis imitatio, vel occultatio. This crime is committed in writ, either by producing a falfe Writ, if the knew it to be false, and abide by it, or by fabricating a fafe Writ. Again, it is committed by omiffion, in a Notary's not fetting down what he was required to infert in his inftrument, or the omitting to exprefs the day and place, when the omitting thereof might have been disadvantageous. By the 22. A&t of Par. 23. Jac. 6. the Makers or Users of falle Writs, or acceffory to the making thereof, are to be punished with the pains of Falfhood; and the Counterfeiter,-Falfifyer, or Acceffory cannot by paffing from the Writ quarrelled, free himself from the punishment. The punishment of Forgery is declared by Act 22. Par. 5. Queen Mary, to be Profcription, Difmembering of the Hand or Tongue, and other pains of the Canon or Civil Law. The fecond fpecies of Falfhood is, that which is committed by Witneffes in their Depofitions, by tak. committed ing money to depone or not to depone; by concealing the truth by witneffes or expreffing more than the truth, though they received no money. And thirdly, by Deponing Things exprefsly contradictory, but in this cafe, the Contradiction must be palpable and confequential, Nam omnis Interpretatio præferenda eft ut dicta teftium reconcilientur. By chap. 46. Par. 6. Queen Mary, Falfe Witneffes, and their Inducers, are to be punished by piercing their Tongues, Efcheat of Moveables, and Infamy, and farther, at the Judge's difcreation. Perjury differs not much herefrom, for it is defined by Lawyers to be a lie affirmed judicially upon Oath, and it is punishable by Confifcation of all their moveable Goods, Warding of their Perfons for Year and Day, and longer during the Queen's will, and that as infamous perfons they fhall never be able to bruik office, honour, dignity, nor benefice in time coming: for this fee the 19. A&t Par. 5. Queen Falshood Perjury what, and how puu ithed. ifhed: Forging Mary, there is a third fpecies of Falfhood committed by Forgof Money, ing true Money without authority, by Coining falfe Money, or how pun by mixing and allaying worfe with nobler mettals in current coins, or by venting and paffing the adulterate money coined by others, or entertaining the Forgers, or being Art and Part with thefe Coiners. This crime is commonly punished by death. The fourth fpecies of Falfhood it committed by ufing false Weights Falfe and Measures. By the 19. Par. 2, A&t Jac. 6. the Ufers of Weights, falfe Weights and Measures, are to loose their whole goods and their pun gear. Having of falfe Weights in the Shop, prefumes ufing, except this prefumption be taken off, by alledging that the Weights were prefently bought or borrowed, or laid afide as Affuming light. Falfhood is alfo committed by affuming a falfe Name, of a false and by prefenting one perfon for another at the fubfcribing of Name, low Papers: for fuch impoftors the punishment of death hath been punished. inflicted. December 12th, 1611, mentioned by Mackenzie on ifhment. this Title. Beggars & 5. By the 22. Act Par. 4. Jac. 5. no Beggar born in one Vagabonds, Parish, is to be allowed to beg in another, and Badges are to be how fup made by the headfmen of each Parish for that effect; which preffed and punished. Law agrees with thofe of other nations, fee Matth. DE CRIM. improba Mendicitate. And by the 25. Title Lib. 11. of the Codex de validis Mendicantibus, they are distinguished from the Poor, and punifhed as we do fturdy Beggars and Vaga bonds. By Car. 2. Par. 1. Seff. 3. Cap. 16. it is ordained, that all Mafters of Manufactories, may, with advice of the Magif trates of the place, feize Vagabonds, and idle poor perfons, and employ them in their Work, and Exact of the Parishes where | they were born, or if not known, the Parifles where they have haunted for three years before, two fhilling PER DIEM, in manner preferibed in the Act. And thereafter may retain them in their Service for feven Years for Meat and Cloaths. Sturdy Beggars and Vagabonds fhould be proceeded against by the Sheriffs, and other Judges, and they may exact Caution of them, but if they find none, they fhould be denounced Fugitives, and they may be sent to public Work-Houfes, or Correction-Houfes, or put in the Stocks, and if they be refet after they are denounc ed Fugitives, their Refetters are liable for the prejudice sustained, and the parties damnified will have Action against the Magiftrates, within whose bounds these Vagabonds are willingly refet. VID. Jac. 6. Par. 1. Cap. 97. and Par. 11. Cap. 97. Par. 12. Cap. 124. 144. 147. and Par. 15. Cap. 268. and Car. 2. Par. 2. Seff. 3. Cap. 18. By the Act of the General Affembly, September 1.. 1647. it is recommended to Prefbyteries, to confider of the best remedies, for preventing Abuses committed by Beggars living in great vilenefs, and many of their Children wanting Baptifm. THE TITLE XIV. Of Art and Part. HESE who are affifters by counfel or otherwife, Art and are in our Law faid to be Art and Part of the part ex Crime, by Art is meant, that the Crime was contrived by their plained. Art and Skill, EORUM ARTE; By Part, is meant, that they were fharers in the crime committed, when it was committed, ET QUORUM PARS MAGNA. The Civilians ufed, in place of Art and Part, OPE & CONSILIO; by our Law fuch Affifters are called COMPLICES. ports accef fion. § 2. By the 151. A&t of Par. 11. Jac. 6. it is ordained, that How far nothing can be objected against the relevancy of that part of the advice im Summons, which bears, that the perfons complained upon are Art and Part of the Crimes libelled. But the Judge here is to confider, whether the Adviser gave the Counsel upon the account of former malice, conceived by himself: or if it was only given in refentment of any wrong done to the Committer, and is to be more feverly punished in the first cafe than in the laft. zdly, In the cafe of advice, the Advifer's age is much to be confidered: for though Minors, and those who are Drunk may be punished for Murder, yet it were hard to punish them for advice. 3dly, The words in which the advice was conceived, should ftill be interpreted moft favourably for the Adviser, for Words are capable of feveral and diftinct fenfes, as they are understood by the refpective Speakers, and they vary by the very accent or punctation. 4thly, If the Advifer retracted his opinion, he ought not to be punifhed with the ordinary punishment, if he thereafter and inftantly intimated to the perfon against whom the advice was given, what danger he was in ; and also diffuaded the Committer from following the advice given. Who are 3. He who allowed his Houfe to the Adulterers, for perpetrating that Crime, or for confulting about the committing punishable thereof, is certainly punishable, though it was not committed. as Accef He who retains his Wife, after he found her committing Adul- laries in Adultery. tery, and lets go the Adulterer, is punishable as a LENO, Pimp, or baud, providing he take Money to conceal the Adultery, Nam Lenocinium est, ubi Maritus quæstum facit de Crpe Uxoris. He who gives warrant and order, or hires others co commit Adultery, deferves the fame punishment with the Adulterer, and in effect he is moft guilty, feeing he wants the natural tentation of the Adulterer, and commits the Crime in contempt ot the Law. What is LENOCINI UM. Panders &c. & Innkeepers, 4. Panders, Pimps and Bauds, making gain of the Whoredom of others by their help and advice, deferve fevere punishment as acceffaries to their wickedness. As likeways the keep-how punishers of Taverns and Ale-houses, who furnish their Guefts with able for Whoredom Liquors unto drunkennefs, or Sell thofe Liquors at unlawful & drunken times, or to Drunkards, are to be punished themselves, as Drunk nels. ards, according to the inftructions given to the Justices of the Peace in the 19. A&t Par. 1. Seff. 1. Car. 2. And there seems to be good reafon for it, feeing the beft of drugs given to ex cefs either as to quantity or quality, and whatever overpowers our nature, is poifonable. The End of the Third Book. BOOK IV. TITLE I. Of Scandals and Church Difcipline in · E are not here to understand by Scandal, a Scandal, W thing actually difpleafing the party offended; What nor is it always to be judged by the matter, feeing offence in lawful matter may be taken, where it is not given, as in that Eating and Drinking mentioned, Rom. xiv. Or, in taking Wages for Preaching the Gospel, 1 Cor. ix. Neither is it the pleafing of men that doth always edify them, nor the dif pleafing of them that doth ftumble or fcandalize them; but Scandal is fomething accompanying word or deed, with fuch circumstances as maketh that word or deed inductive to Sin, or impeditive of the fpiritual life or comfort of others. When Of fences are 2. Church Difcipline ferves chiefly to curb and reftrain the more peccant humours of Profeffors, and therefore Sins of In. to be firmity, ftrictly fo called, which are not in themselves fo fcand. brought to alous to others, fhould not be any part of the object thereof, o- Public, and therwise its exercise might prove more molefting and offenfive when nos. than edifying and fanative. Again, Offences from difputable practices, or things indifferent, are not properly the object of Church Cenfure, because there is not a folid ground therefrom for thorough conviction to the party. Further, Offences which the Church may find cannot be proven, ought not to be profe cute, for thus her authority is much weakened, and neither is the Offender edified. In the last place, though fome grofs Scandals (which are not public or flagrant) may be proven by two or three Witneffes, (efpecially if it be against a perfon otherwife orderly) yet he is not therefore to be cited to appear in public, except upon fuppofition of his obftinacy to acknowlege the offence to those who knew and were offended therewith: which method is agreeable to that of Chrift's prescribing, Mat. xviii. for the removel of private offence. But on the other hand, Scandals fhould be taken public notice of, when they are of their own nature grofs and infectious. Next, when the offence becometh public, though at firft it was not fo, and when |