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A58584 Act rescinding two acts past in the last session of Parliament the one for excepting of persons from publick trust, and the other for voting the same by billets : Edinburgh, the ninth of September, 1663.; Laws, etc. Scotland.; Scotland. Parliament. 1663 (1663) Wing S1158; ESTC R38156 2,560 8

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ACT Rescinding two ACTS Past in the last SESSION of PARLIAMENT The one for excepting of persons from publick Trust And the other for voting the same by Billets Edinburgh the ninth of September 1663. C R HONI SOIT QVI MAL Y PENSE EDINBURGH Printed by Evan Tyler Printer to the King 's most Excellent MAjESTY 1663. ACT Rescinding two ACTS Past in the last SESSION of PARLIAMENT The one for excepting of persons from publick Trust And the other for voting the same by Billets Edinburgh the ninth of September 1663. OUr Soveraign Lord out of His innate goodness and love to this His ancient Kingdom being desirous that now after so long troubles a perfect peace be setled within the same and that all His good Subjects might enjoy the happiness and blessings of His Government in a full and free Act of Indempnity Pardon and Oblivion Did by His Instructions to the Earl of Middleton His last Commissioner before the second Session of this Parliament Declare His Royal Pleasure concerning Fines to be imposed both as to the crimes for which fining was allowed and as to the proportions and this moderat way of fining which His Majesty intended to imploy for the relief of His good Subjects who had been sufferers being the only punishment His Majesty gave warrand for And His Majesty being carefull to see His Royal Grace and Favour to His people extended as large as He intended it He commanded the Act of Pardon and Indempnity to be transmitted to His own consideration before His Royal consent were given to the same In obedience whereunto the Earl of Middleton in summer one thousand six hundred and sixty two dispatched Sir George Mckenȝie of Tarbet to His Majesty with a Letter of credit He carried two draughts of an Act of Indempnity the one excepted only as to Fines the other excepted also as to incapacity from publick Trust the last he publickly owned to be the desire of the Parliament and earnestly prest in name of the Parliament the incapacitating of some few of the most guilty not exceeding twelve to which His Majesty at last consented meerly to gratifie that which was represented to be the desire of so faithfull and loyal a Parliament And having desired to know the truth hereof from His Parliament they by their unanimous opinions and votes upon the twenty two of July last Declared that they gave no warrand to desire of His Majesty that the Act of Indempnity should carry an exception of incapacitating from publick Trust nor any warrand at all to desire in their names His Majesties consent to the incapacitating a few and that notwithstanding thereof they had seen the double of an Instruction given in the contrary by the Earl of Middleton to Sir George Mckenȝie signed and in presence of the Parliament owned by him to be a just double bearing that it was much desired by the Parliament that some should be excepted from publick Trust And it was also declared by the Parliament that there was no other ground for incapacitating but that it was His Maiesties pleasure to have it so and that this was the rise of bringing in the Act of Billeting as the most expedient way of voting the Act of Incapacitating By which it appears both His Maiesty and His Parliament were abused as to that exception from publick Trust And Our Soveraign Lord considering that this way of Billeting had no colour of warrand from His Maiesty and that His Royal consent was given to it without His knowledge and very far from His intention and that in the contrivance and carrying on of the same sinistrous courses were taken and designes laid for incapacitating the Earls of Crafurd and Lauderdaill and Sir Robert Murray Persons who for their eminent loyalty to and great and long sufferings for His Maiesty are deservedly in His high esteem and who for the time had the special approbation of this present Parliament for these great imployments they had from His Maiesty as His Officers of State and otherwayes and that therefore He hath with much reason declared Himself most unsatisfied therewith Yet He doth not attribute the concurrence of His Parliament in Billeting to any thing but to their unparallel'd affection to His Person and Service and their obsequious complyance to every thing was represented to them to be His Maiesties intention or which might be acceptable to His Maiesty And considering the way of Billeting to be most pernicious in it self and of a most dangerous consequence as tending to the dishonour of His Maiesty and His Parliament and to the subversion of all Iustice and Government it being a way never before that time practised in this Kingdom or in any other place under Monarchical Government being so derogatory to His Maiesties Authority and Royal Dignity and so contrary to the honour freedom and gravity of Parliaments to all former Practises and to the rules of common Iustice every man even these of greatest merit being thereby rendred unsecure of their honour estates liberties and lives His Maiesties Officers of State and those of nearest relation to Him being exposed to infamy and ruine to be by colour of His Authority without His knowledge torn from Him and His Royal Prerogative in the choise of His Councellors and Servants asserted in this present Parliament violated and made contemptible and all His Maiesties good Subjects made lyable to censures without being accused heard or legally condemned In regard of all which Our Soveraign Lord with consent and by the special advice of His Estates in Parliament Doth hereby Rescind and Annull two Acts past in the last Session of this Parliament on the ninth of September one thousand six hundred and sixty two the one Entituled Act appointing the manner of voting by Billets and the other Entituled Act concerning persons to be excepted from publick Trust together with the Cl●uses relating thereto in the Act of Indempnity and in the Act of Fines and Declares the saids two Acts with the Clauses aforesaids relating thereto to have been from the beginning to be now and in all time coming void and null and Ordains the same to be expunged and razed out of the Records Likeas accordingly the saids principal Acts being called for and presented in Parliament were publickly torn and destroyed and the Act of Indempnity and Act for Fines with the Records of the minutes of Parliament being also called for the Clauses contained therein relating to the excepting of persons from publick Trust and the voting of it by Billets were expunged out of the same And the Clerk Register is hereby Ordained to take care that from henceforth the Act of Indempnity and Act for Fines be extracted and recorded according to these amendments and that any extracts already given out be void and null as to these Clauses thus amended Likeas Our Soveraign Lord to evidence His just dislike of so pernicious a course Doth with advice and consent foresaid Discharge all voting by Billets for the future And forasmuch as the Parliament in obedience to His Maiesties commands did transmit to His Maiesty the original Depositions of those who were examined concerning this whole business to the end He might declare His further preasure His Maiesty Declares That having taken all that relates to the business of Billeting into serious consideration He will in convenient time make known His further pleasure therein EDINBURGH Printed by Evan Tyler Printer to the King 's most Excellent MAjESTY 1663.