Page:The Laws and Acts of Parliament of Scotland.djvu/681

Perfons concerned, were fo far from being accufed, heard, or upon evidence condemned, that their names were never made known to the Parliament who fentenced them . Eat becaufe the confent His Majefty gave to the incapacitating fome few , feems to have been made ufe of as the ground to this , with which His Majefty hath by the faid Letter made known , how much both His Majefty himfelf , and the Parliament were abufed in that particular, To wit, That before the laftu'efljon of Parliament, His Majefty did by His Inftructions to His Commiilioner , declare his pleafure concerning fines to be impofed by the Parliament , both as to the crimes for which His Majefty did allow fining, and as to the proportion; And this moderat way of fining which His Majefty intended to imploy for the relief of His good .Subjects , who had been great fufrerers, was the only puniihment He gave warrand for. His Majefty alfo commanded the Act of Pardon and Oblivion tobetranfmittedtoHim, before His Royal afTent was given to the fame , becaufeHis Majefty was defirous to fee His Grace extended as large as he intended it. And that in obedience to this command,HisCommiilioner difpatched A Gentleman , with a letter of Credit, who brought to His Majefty two draughts of an Act of Pardon, and Oblivion; The One excepted only as to fines , and the Other excepted alfo as to incapacity from publick Truft , and this laft he publickly owned to be the defire of the Parliament , ( though His Majefty is fince fufficiently informed that incapacitating was never fo much as heard of till his return ) and that he like- wife preft in the name of the Parliament His Majeftie's confent to the incapacitating of fome few of the molt guilty, not exceeding twelve, to which His Majefty at laft confented, meerly upon the accompt of grati- fyingfo Faithful and Loyall a Patliament. By all which the Parliament can beft Judge , whether they gave warrand for fach a defire, as was made in their name, whether his confent fo obtained, was repr'efented as a Command from His Majefty , and whether it was made ufe of as a rife and ground of this pernicious way of incapacitating by Billets : Which as it had no colour of warrand from His Majefty, (being far from His Royal knowledge, and yet farther from His intentions )fo that His Majefty cannot but efteem it contrary to His Honour , to the Honour , Freedom, and Gravity of Parliaments , to all former Practifes , toCommort Juftice, and highly derogatory to His Authority , and Diymiry, as tending to the Univerfall diftatis faction of all His good Subjects , for it voting and puniihing by billets be allowed no man is fecure of his Honour, his Eftate , Liberty , nor Life , Perfons of greateft merit may be this way deftroyed , and His Majeftie's Offi- cers of State, and thofe of neareft Relation to His Majefty may by colour of His Authority, without His knowledge be torn from Him. And His Majefty being moft confident that fuch things were , and are as far from the meaning and intention of the Parliament , as from His Own ; And that His Majefty hath great rea- fon eo fufpect , that His Royall name hath been abufed , and many well meaning perfons hath been made believe , that what was done would be acceptable to His Majefty. THEREFORE, And for vindicating of his Majefties Honour, and the Honour of his Parliament , His Majefty hath earneftly recommended, that a fpeedy and exact tryall be taken of the contrivance, and carrying on of this pretended Act of Incapacitating by Billets ; That the fame being reported to his Majefty , he may make his farther pleafure therein known. IN ORDER WHEREUN I' 0,& in a due compliance with,& obedience to his Majefties pleafure expreft in the faid Letter ,THE ESTATES in PA RLIAME NT Gives full Power and CommifTion to lohn Earl of Lauderdale , His Majefties Secretary, John Earl of Had- dingtoun , Sir /<?/.?# GV/w3«rPrefidcnt of the SeiTion, Sir James Lockhart of Lee , S'u Robert Murray Vw- veftof Edinburgh, And Alexander IFedderburnVtove'ko{ c Dundee , or any four of them , to meet and to take fpeedy and exact trial of the contrivance, and carrying on of that pretended Act of Incapacitating by - Billets-. As alfo to try whether the Parliament gave Warrand to defire his Majefties confent to the incapaci- tating of fome not exceeding twelve: Whether his Majefties confent fo obtained, was reprefented as a Com- mand from his Majefty ; And whether it was made ufe of as the rife and ground of this way of Incapacitating by Billets; And if his Majefties name hath been abufed by any , to make others believe that fuch a procedure- would be acceptable to his Majefty. And generally with power to them to take trial of die matter of fact * in the affairs above expreft. And for that effect , that they call before them , and examine upon Oath , all fuch Perfons, as they ihall think fit , for giving information to them therein, and that their Depofitions be written and fubferibed by the Deponents : With power to them alfo to call for all fuch Acts* Letters , In- ftructions, or other Papers, which may give clearnefs in this matter, and if anyPerfon who (hall be called before them, (hallrefufe, or delay to depon , or to exhibit, and give in fuch Acts , Letters, inftructions, or other Papers which are in their power, relating to this buflinefs , and (hall be called for from them; That then the Commiflionersaforefaid, make report thereof to his Majeftie's Commiilioner, the Parliament, or Lords of the Articles , that fuch farther courfe may be taken therein as efleirs. And that the faids Com- miflioners be ready from time to time to make an accompt of their proceeding to his Majeftie's Commiilio- ner, and Lords of the Articles , That being from them tranfmitted to the Parliament , a fpeedy report there- of may be made to his Majefty , conform to the prefcript of his Royal Letter aforefaid . % The