Page:The Laws and Acts of Parliament of Scotland.djvu/683

Io ACT binding two AC T S Toft in the laft S E S S I O N of PARLIAMEN TV The oue for excepting of perfons from publiek Truft ; and the other for voting the fame by Billets. Edinburgh, the ninth of September , 1663. UR SOVERA1GN LORD, out of his innate goodnefs and love to this His ancient Kingdom , being defirous , that now, after fo long troubles , a per- fect peace be fetled within the fame, and that all His good Subjects mi^ht enjoy thchappinefs andbleflings ofHisGovernmeitinafull and free Aft of Indemp- nity, Pardon and Oblivion ; Did, by His Inftruftions to the Earl ot^iddk- ton , His lad CommifTioner , before the fecond SefTion of this Parliament De- clare His Royal Pleafure concerning Fines to be impofed , both as to the crimes for which fining was allowed, and as to the proportions ; and this modcratway t of fining (which HisMajefty intended to imploy for the rei ; cfc of H ; s good Sub- jefts who had been fufferers) being the only punilhmentHis Majefty o-pve war- rand for ; And His Majefty being careful to fee His Royal Grace and Favour to His people extended as large as he intended it : He commanded the Aft of pardon and Indempnity to be tranfmitted to His own confidera- tion, before His Royal confent were given to the fame. In obedience whereunto , the Earl of Middieton infummer, one thoufand , fix hundred, and fitxy two , difpatched Sir George Mckenzie of Tarbet to His Majefty, with a Letter of credit: He carried two draughts of an Aft of Indempnity, the one excep- ted only as to fines, the other excepted alfo as to incapacity from publiek Trull ; the laft he publickly owned to be thedefire of the Parliament, and earneftly preft , in name of the Parliament, the incapaci- tating of fome few of the molt guilty , not exceeding twelve ; to which His Majefty at laft confented meerly to grarifie that which was reprefented to be the defire of fo faithfull and loyal a Parliament' And having defired to know the truth hereof from His Parliament, they, by their unanimous opinions and votes, upon the twenty two of 'July laft , Declared, that they gave no warrand ro defire of His Majelty , that the Aft of Indempnity mould carry an exception of incapacitating from publiek Truft nor any warrand at all to defire in their names , His Majefties confent to the incapacitating a kw ; and that notwithstanding thereof, they had fecn the double of an Inftruftion given in the contrary by the Earl of Middieton to Sir George Mckenzie , figned , and in prefence of the Parliament , owned by him to be ajuft double ; bearing, that it was much defired by the Parliament , that fome fhould be excepted from publiek Truft: And it was alfo declared by the Parliament, that there was no other ground for incapacitating , but that it was His Majefties pleafure to have it fo , and that this was the rife of bring- ing in the Aft of billeting , as the moft expedient way of voting the Aft of Incapacitating : by which it appears , both His Majefty and His Parliament were abufed , as to that exception from publiek Truft. And Our Soveraign Lord confidering , that this way of Billeting had no colour of warrand from His Majefty, and that His Royal confentfwas given to it without His knowledge, and very far from His intention ; and that in the contrivance and carrying on of the fame , finiftrous courfes were taken , and defignes laid, for incapacitating the Earls of Crafurd and Lander dai I, and Sir Robert Murray-, perfons who for their eminent loyalty to, and great and long fufFerings for HisMajefty, are defervedly in His high efteem, and who, lor the time, had the fpecial approbation of this prefent Parliament for thefe great imploymcnts they had from His Majefty , as His Officers of State and otherways; and that Therefore He hath , with much reafon , declared Himfelf moft unfatisfied therewith : Yet , He doth not attri- bute the concurrence of His Parliament in .Billeting to any thing , but to their unparallel'd affeftion to His perfon and Service , and their obfequious complyance to every thing was reprefented to them to be His Majefties intention , or which might be acceptable to His Majefty. And confidering the way of Billeting to be moil pernicious in it lelf, and of a moft dangerous confequence, as tending to the difhonour of His Majefty and his Parliament , and to the fubverfion of all Juftice and Government ; it being a way never before that time practifed in this Kingdom , or in any other place, under Monarchi- cal Government; being fo derogatory to his Majefties Authority and Royal Dignity, and fo contrary to O 3 the