Page:The Laws and Acts of Parliament of Scotland.djvu/573

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Act 4, 5.
King CHARLES the II.
3

IV
Act aſſerting His MAJESTIES Royal Perogative, in making of Leagues and the Conventions of the Subjects.

THe Eſtates of Parliament, conſidering that the maintenance of His Majeſties Authority and Royal Prerogative, in and concerning the making of Leagues and the Conventions of the Subjects, is not only a neceſſary duty of the people, but of Angular advantage to their happineſs and peace: And that their Predcceſſors wiſely foreſeeing the good and benefit thereof, and the prejudices and miſeries that inevitably did accompany the neglect of the ſame, did therefore by many ſeveral Acts and Laws, aſſert the Kings Prerogative and Authority therein; and particularly by the hundred and thirty one Act of the eight Parliament of King James the ſixth, it is Statute and Ordained, That none of his Highneſs Subjects of whatſoever quality, ſtate or function, preſume to convocat, conveen or aſſemble themſelves for holding of Councils, Conventions, or Aſſemblies, to treat, conſult and determine in any matter of State, Civil or Eccleſiaſtick (except in the ordinary Judgements) without His Majeſties ſpecial command, or expreſs licence, had and obtained thereto, under the pains made againſt ſuch as unlawfully convocats the Kings Leidges. And by the twelfth Act of the tenth Parliament, holden the tenth of December, one thouſand five hundred and eighty five, It is by His Majeſty, with advice of His three Eſtates, Statute and Ordained, that no Leagues nor Bonds be made among His Subjects of any decree, upon whatſoever colour or pretence, without His Highneſs or His Succeſſors privitie and conſent, had and obtained thereunto, under the pain to be holden and execute as movers of Sedition to the breach of the Peace. And now finding that the due obſervance of theſe Laws, might have contribute much to the preventing of theſe confuſions and troubles, which in theſe late times have almoſt ruined both the Kings Majeſty and all His loyal Subjects: Therefore His Majeſty, with advice and conſent of His Eſtates of Parliament, doth revive, renew, ratifie and approve theſe Acts above- mentioned, and Ordain the ſame to be punctually obeyed in all time comming, conform to the tenor thereof, and under the pains therein contained. And Declares, that any explanation or gloſſe, that during theſe late troubles hath been put upon theſe Acts, as that they are not to be extended againſt any Leagues Councils, Conventions, Aſſemblies or Meetings, made, holden or kept by the Subjects for preſervation of the Kings Majeſty, the Religion, Laws and Liberties of the Kingdom, or for the publick good either of Kirk or Kingdom, are falſe and diſloyal, and contrair to the true and genuine meaning of theſe Acts: And therefore His Majeſty. with advice foreſaid, doth Diſcharge, and for ever Annull the ſame, and all Aces and Practices that have been in purſuance thereof.

V.
Act averting His MAJESTIES Royal Prerogative in the Militia, and in making Peace and War, &c.

THe Eſtates of Parliament, conſidering the great happineſs that this Kingdom hath for many ages enjoyed, under the Princely Government of their Royal Kings; who by the ſpecial bleſſing of Almighty GOD, have reigned over them, in ſo long and an unparallel'd ſeries of Royal deſcents; and the obligation thereby lying upon them, in conſcicnce, honour and gratitude, to own and aſſert the Royal Prerogatives of the Imperial Crown of this Kingdom, which the Kings Majeſty holds from GOD Almighty alone. And to vindicat the ſame from theſe invaſions, which by the malice or ſpecious pretexts of ill affected perſons, and the confuſions and diſorders of the late times, have been made upon it, Do therefore Declare, that the power ot Amies and making of Peace and War, or Treaties and Leagues with Forraign Princes or Eſtates, doth properly reſide in the Kings Majeſty, His Heirs and Succeſſors; and that it was and is their undoubted Right, and theirs alone, to have the power of raiſing in Armes, the Subjects of this Kingdom, and of the commanding, ordering and disbanding, or otherwiſe diſpoſing thereof; and of all Strengths, Forts or Garriſons within the ſame, as they ſhall think fit; the Subjects alwayes being free of the Proviſions and Maintenance of theſe Forts and Armies, unleſs the ſame be concluded in Parliament or Convention of Eſtates. Likeas the Kings Majeſty, with advice and conſent foreſaid, doth hereby Declare, That it is, and ſhall be high Treaſon to the Subjects of this Kingdom, or any number of them, more or leſs, upon any ground or pretext whatſoever, to riſe or continue in Armes, to maintain any Forts, Strengths or Garriſons, to make Peace or War, or to make any Treaties or Leagues with Forraign Princes or Eſtates, or among themſelves, without His Majeſties ſpecial Authority and Approbation firſt interponed thereto; And doth diſcharge all His Majeſties Subjects to offer upon any pretext whatſoever, to attempt the doing of any of theſe things hereafter, under the ſaid pain of

Treaſon.