Page:The Laws and Acts of Parliament of Scotland.djvu/579

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Act 11.
King CHARLES. the II. 1661.
9

Juſtice General, Admiral, Sheriffs, Conimiſſars, and their Deputes, and Clerks and all Magiſtrates and Council of Royal Burghs, at their Admiſſion to their ſeveral Offices, and before they offer to exerce the ſame, ſhall take and ſwear the Oath of Alleagiance, hereunto ſubjoyned. And alſo,that all other perſons who ſhall be required by His Majeſties Privy-Council, or any having Authority from them, ſhall be obliedged to take and ſwear the ſame.

And ſince all the troubles and miſeries that have overſpread this Kingdom, and almoſt deſtroyed all religious and civil, all publick and private intereſts, theſe twenty years by-gone and upwards, have ariſen and ſprung from theſe invaſions, that have been made upon, and contempts done to the Royal Authority and Prerogative of the Crown, His Majeſty conceives Himſelf obliedged, both for His own Royal intereſt, and for the publick intereſt and peace of His people, to be careful to prevent the like for the future. And therefore, His Majesty, with advice foreſaid, Statutes and Ordains, that all perſons, who are, or ſhall be called to any publick Truſt, as ſaid is, ſhail, beſide the taking of the Oath of Alleagiance, be obliedged before they enter to their Offices and Truſts, to aſſert under their hand writing, His Majeſties Royal Prerogative, as is expreſt in the Acts paſt in this preſent Parliament, and in the manner hereunto ſubjoyned: Certifying all ſuch, as, being required, ſhall refuſe or delay to take the Oath of Alleagiance, they ſhall not only thereby render themſelves uncapable of any publick Truſt, but be lookt upon as perſons diſ-affected to His Majeſties Authority and Government; and ſuch as ſhall refuſe, or delay to aſſert His Majeſties Prerogative, in manner under-written, ſhall from thenceforth be uncapable of any publick Trait within this Kingdom.

Follows the Oath of Alleagiance.

I, For teſtification of my faithful obedience to my moſt gracious and redoubted Suveraign, CHARLES, King of Great Britain, France and Ireland, Defender of the Faith, &c. Affirm, teſtifie and declare, by this my ſolemn Oath, That I acknowledge my ſaid Soveraign only ſupream Governour of this Kingdom, over all Perſons and in all Cauſes; and that no Furraign Prince, Power, State or perſon Civil or Eccleſiaftick, hath any Juriſdiction, Power or Superiority over the ſame: And therefore I do utterly renounce and forſake all Forraign Powers, Juriſdictions and Authorities; and ſhall at my utmoſt power, defend, aſſiſt and maintain His Majeſties Juriſdiction foreſaid, againſt, all deadly, and ſhall never decline His Majeſties Power and Juriſdictfion, as ſhall anſwerto GOD.

Follows the Acknowledgement of His MAJEſtIES Prerogative.

FOraſmuch as the Eſtates of Parliament of this Kingdom, by their ſeveral Acts of the eleventh and twenty fifth of January laſt, have, from the ſenſe of their humble duty, and in recocogniſance of His Majeſties juſt Right, Declared, That it is an inherent Priviledge of the Crown.and an undoubted part of the Royal Prerogative of the Kings of this Kingdom, to have the ſole choice and appointment of the Officers of Eſtate, Privy-Councellors, and Lords of Seſſion; That the power of calling, holding and diſſolving of Parliaments, and all Conventions, and Meetings of the Eſtates, doth ſoly reſide in the Kings Majeſty, His Heirs and Succeſſors: and that as no Parliament can be lawfully kept, without the ſpecial warrand and preſence of the Kings Majeſty, or His Commiſſioner; So, no Acts, nor Statutes, to be paſt in any Parliament, can be binding on the people, or have the Authority and Force of Laws, without the ſpecial approbation of His Majeſty, or His Commiſſioner, interponed thereto at the making thereof; That the power of Armes, making of Peace and War, and making of Treaties and Leagues with Forreign Princes or States, or at borne by the Subjects among themſelves doth properly reſide in the Kings Majeſty, His heirs and Succeſſors, and is their undoubted Right, and their's alone; And that it is high Treaſon in the Subjects of this Kingdom, or any number of them, upon whatſoever ground, to riſe or continue in Armes, to maintain any Forts, Gariſons or Strengths, to make Peace or War, or to make any Treaties or Leagues with Forreigners, or among themſelves, without His Majeſties Authority firſt interponed thereto; That it is unlawfull to the Subjects, of whatſoever quality or function, to convocate, conveen or aſſembie themſelves, for holding of Councils, Conventions and Aſſemblies, to Treat, Conſult and Determin in any matters of State, Civil or Eccleſiaftick (except in the ordinary judgements) or to make Leagues, or Bonds, upon whatſoever collour or pretence, without His Majeſties ſpecial conſent and approbation had thereunto; That the League and Covenant, and all Treaties following thereupon, and Acts or Deeds that do or may relate thereunto, are not obligatory, nor do infer any obligation upon this Kingdom, or the Subjects thereof, to meddle or interpoſe by Armes, or any ſeditious way, in any thing concerning the Religion and Goverment of the Churches in England and Ireland, or in what may concern the Adminiſtration of His Majeſties Government there: and that none of His

Majeſties