Page:The Laws and Acts of Parliament of Scotland.djvu/577

This page needs to be proofread.

Act 9 , 10.
King CHARLES the II. 1661.
7

And foraſmuch as the Ordinar Courts of Juſtice, did ſit and ast by Warrand of theſe Meetings, the King's Majeſty, for the good and eaſe of the people, doth with advice foreſaid, Declare, That none of the Acts, Decreets or Sentences, given by theſe who ſat as Lords of Seſſion, or as inferiour Judges Within this Kingdom theſe years, nor no Execution following thereupon, are for want of lawful Authority to be queſtioned: Where anent, His Majeſty, with advice foreſaid, by theſe preſents diſpenſes. And alſo, His Majeſty, conſidering that by a pretended Act and Commiſſion, from the ſaid pretended Meetings or Parliaments, Augmentations were granted to Miniſters, Kirks were divided, new Kirks were erected, and Lands from one Paroch to another, diſ-joyned and annexed, and divers other particulars decerned, in relation to the Plantation of Kirks: which Commiſſions, one or more, though they had no lawful Authority, but in themſelves were and are null. Yet, His Majeſty, being deſirous to give all due encouragements to the Miniſters of the Goſpel, doth, with advice and content foreſaid, Declare, That all Acts, Decreets and Sentences, pronounced and given forth by the ſaids Commiſſioners, and all Executions thereupon, are and ſhall ſtand valid in time coming, except ſuch as upon the complaint of any party, ſhall be found to have been unjuſtly or exorbitantly pronounced and decerned. The determination whereof, is hereby referred by His Majeſty; with advice and conſent foreſaid, to the Commiſſion for Plantation of Kirks, to be eſtabliſhed by His Majeſty in this preſent Parliament; that they after hearing of parties, and conſideration of particulars, may take ſuch courſe for altering, annulling or allowing of what was done by vertue or the ſaids Commiſſions in the years, one thouſand ſix hundred and fourty nine, and one thouſand ſix hundred and fifty, as they ſhall think juſt, conform to the ſtanding Laws and Acts of Parliament, preceeding the year one thouſand ſix hundred and fourty nine; and Ordains proceſs upon ſupplication to be ſummariy granted, parties alwayes being cited, and that without any reduction. As alſo, with power to the ſaids Commiſſioners to be appointed, upon the dependence of the ſaids complaints and proceſs, to diſcharge execution upon the foreſaids Decreets in whole or in part, as they ſhall find juſt, ay and while the matter may be determined by them. And foraſmuch as by a pretended Commiſſion for the Exchequer, divers Infeſtments, Giits and others, were paſt in the foreſaids years, one thouſand ſix hundred and fourty nine, and one thouſand ſix hundred and fifty; His Majeſty, with advice foreſaid, Declares, That all ſuch Gifts, Ifnfeſtments and others, are and ſhall be valid, excepting alwayes new Gifts and Diſpoſitions of Lands and others, granted and paſt to His Highneſs prejudice, and ſuch other Gifts, as upon the complaints of parties, ſhall by His Majeſties Treaſurer and Commiſſioners of Exchequer, be found to have been unjuſtly granted or paſt, In prejudice of prior Gilts under His Majeſties Hand, though not paſt in Exchequer. And whereas by a pretended Act of the foreſaid pretended Parliament, entituled, Act aboliſhing the Patronages of Kirks, all Patronages and Preſentations of Kirks, whether belonging to the King or any Laick Patron, Presbyteries or others, were diſcharged, and all Acts, Gifts and Rights, granted there anent, Reſcinded. And yet nevertheleſs, it was thereby declared , That the taking away of the Patronages, ſhould not prejudge the Patrons Rights to the Teinds, nor weaken his Infeſtment wherein the ſame is contained. And that the Teiths of the Kirks, whereof the Preſentations toere aboliſhed, ſhould belong heretably to the Patrons, and be inſerted in their Rights and Infeſtments in place of their Patronage, with power to the Patron to diſpone upon the ſaids Teinds, in manner and with the exception contained in the ſaid Act. And notwithſtanding that the foreſaid Act and whole Parliament be declared null; yet nevertheleſs, Wis Majeſty, with advice foreſaid, doth by theſe preſents Declare, That it ſhall be lawful to Laick Patrons or Heretors, to agree with the beneficed perſons for Tacks or Rights of Teinds, belonging to the ſaid beneficed perſon, according to the Laws of the Kingdom; with this proviſion that the ſaids Tacks, ſhall be no wayes prejudicial to the Stipend and Maintenance of the Miniſters and perſons to be preſented, according as the ſame hath been already modified, or ſhall be modified in time coming; and that notwithſtanding of any Acts or Statutes made in the contrair. All which Acts, his Majeſty, with conſent foreſaid, by theſe preſents Diſcharges; And in like maner, His Majeſty, with advice foreſaid, Declares, That as to ſuch perſons who are preſently in poſſeſſion of Kirks, pertaining to the ſaids Laick Patronages, the ſaids perſons and Miniſters ſhall, during their ſervice, claime no right nor poſſeſſion to the Teinds of their ſaids Kirks and Parochins, other then they had formerly before the making of this Act; they having alwayes a ſufficient maintenance allowed and granted to them according to the Laws of the Kingdom.

X.
Act condemning the Tranſactions concerning the King Majeſty, whilſt He was at Newcaſtle, in the years, 1646. and 1647.

THe Eſtates of Parliament, conſidering the many ſad and dangerous conſequences that do accompany the neglect and contempt of lawful Authority; and that among the other Judgements, wherewith it pleaſeth Almighty GOD to viſit ſuch who refill the Powers, and oppoſe the Commands of thoſe intrufled by Him, as his Vicegerents, for the Government of His People, they are oft-times left to their own counſels, to do that which highly provokes GOD to wrath, renders themſelves juſtly odious to the world, and hateful to their Poſterity. Whereof there is too doolful an experiment in an Act of the printed Records of Parliament, of the ſixteenth of January, one thouſand ſix hundred

and