Page:The Laws and Acts of Parliament of Scotland.djvu/421

 XX. PARLIAMENT. XX IK of Jme. 1609. 399 that have bene in former tyme of the fame in whatfoever part of the Reaime the fame hath bene erefted, and by whatfoever manner the fame hcs proceeded, Aft of Parliament, Secreet Councell, and others made there-anent. And in lyke manner, difcharges and annulles all prefentations , gifts or difpofitions made by his Heighnes to the Commiflares prefent , or to any other concerning the faid Commiflariates , and all rights acquyredbythembydeceafe, dimiffion, or howfoever the fame hes vaicked, and all gifts and difpofitions made in favours of their Clerks and members of Court, by whatfomever manner of order the fame hcs procee- ded. With this provifion alwyfe, that the Commiflares prefentlie in office,their Clerks and others members of Court, wha fhall be authorized with teftimonials from the Lords of Seflion of their fufliciencie & qualification Vu't'"u~ to their feverall places and offices, fhall bruike and joyfe the fame, they alwyfe receaving new prefentation and £«*»• gift of their offices from the Archbifhops and Bifhops of their Diodes where they ferve, betwene and the firft day of December next to come. • Othervvife, if in cafe the faids Commiflares and others members of Court do notproduce the forefaid Teftimoniall from the Lords of Seffion,as faid is, it fhall be Iawfull to the Archbifhops and Bifhops to provide other fufficient perfons to the faids places. The reftitution of the fudjurifdiftion al- rt>i Kings wyfe to be with expreffe refervation of his Heighnes and his Succeflburs their prerogatives and fupremacie in f t r ™° ga ~ all caufes Ecclefiafticall and Civill within this Reaime. Provyding alwyfe that this prefent act fhall na wyfe be hurtfull nor prejudiciall to the heritable right of the Commiflariatc within the bounds oiAr^le, per- commiffat teinin? to Archbald now Earle oiArgyle, but the fame to ftand in the fame force, ftrehgth and effect as it was "/ A, 'sy lc before this prefent aft, and notwithstanding thereof or any claufe therein conteined Trout de jure. 7- FORSAMEIKLE As among the infinite monuments and teftimonies of his Majefties true pietie, fingulare wifdome , fince zeale to Juftice and fatherlie care of his people, the Eftaites of this King- dome have not found any bringing mair deferved commendation and permanent renoune to his Majeftie , or greater profite , quyetnefle and comfort to his fubjefts , norhisconftantperfeveranceinhis maift Religions and prudent refolution to extirpat the ungodlie, Barbarous and brutall cuftome of deadlie feads , jwhilk by the inveterate abufe of many bypaft ages was become fa frequent in this Reaime , as the fubjefts of greateft ranke and qualitie upon every naughtie occafion of bafe and unworthie contraverfies of neighbourheed , for turves, fold-dykes, furres or marches of land^, foolifh words or drunken difcords betwene their meaneft fervants and dependers, and any other in the Countrie, did fo readilie embrace the proteftion of their unjjft and unnecefla- rie quarrels, as did many tymes involve themfelves and their haill friendfhip in maift bloudic and mortall trou- bles, whilk they did profecute with fik malice and crueltie , as to the extreame perreil of their faules, infamie oftheirmemoriall, and overthraw of their awne and their adverfaries houfes. did diftraft the Kingdome in oppofite faftions, and many tymes fumifhed matter of maift pernitious, feditious and Civill warres. The inconveniences whereof being manifeftfie fene and fcnfiblic felt, baith by the Princes 8c people of this Reaime in many bypaft ages and earneftlie foght to have bene removed, yet the corruption was fa univerfall, that the greateft part prevailing againft the beft, that cruell Barbaritie had both continuance and daily increafc , un- till his Majeftie bending the excellent wifdome and rare graces of his Royall minde (where-with God lies endewed him mair aboundantlie then any King that ever did raigne in this Hand) againft that godlcs , unnaturall and beaftlie Cuftome, diddevifeand eltablilh a maift godlie, juftand prudent Law and Ordi- nance for the courfe to be obferved, for removing upon equitable andjuft conditions the deadlie feads , whilk then ftude in great number betwene the maift powerfull fubjefts in this Kingdome and their kinhnen, aflifters and partakers : In the execution whereof, God having miraculouflie affifted his Majefties maift halie and huft intention after exceeding great care and paines taine by his Majeftie in tryall of the originail caufes of the faids difcords, the true circumftances of the injuries and lofes fuftained by either partie, and in prefcry vir.g due fatisfaftion to be indifferentlie made for redres of all bypaft harmes and wrangs. His Majefties admirable con- ftancie hes fa overcome all difficulties, that the haill knawne feeds within die Kingdome being now removed by perfite reconciliation, andjuft contentment of all parties having intereft therein, his Majefties haill fubjefts finds fikjoy and happines in the f.veet frutes of his wifdome and providence expreiled in that cafe ; that they earneftlie vvifh that his Majeftie wha hes fa cairfullie exterminate that abhominable pelt of deadlie feeds, may in his fingulare wifdome finde meanes for ever to prevene the reviving of that monfter. Wherein his Majeftie confidering that nothing gave fa great grouth and ftrength to that bypaft Barbaritie, as the flouth of Magi- ftrats in not fuppreffingthe firft feeds of thefe diffentions, whilk being fmall and weake in the beginning, for Peets, Turves , Devits , Fold-dykes , poynding , neighbourlie marches, injurious words or light brawles were then eafilie to be fetled, if diligence and authoritie had benejoyned for repreffing thereof, whilk being neglefted by thefe to whom it appertained ; thefe light jarres and infolences did very oft kindle fik flames of diforder, diflention, rankor andfeed, as in many yeares with great ftreames of bloud, defolation and mine jftaites forefaids, Ratifies and approves the former Act made by his Heighnes , for abolifhing deadlie feedes in every head, claufe and Artickle thereof. And farther, ftatutes and ordeines , that in every Schyre Within this Kingdome there fhall be yearlie appoynted by his Majeftie fome godlie, wyfe and vertuous Gentlemen of good qualitie, moyen and report , making refidence within the fame, in fik number as the jaunds of the Shyre fhall requyre, to be Commifiioners for keeping his Majefties peace , to whom his I i i x Majeftie
 * ^Ac~i anent the Commijfioners and Jufiices of 7 e ace.
 * of great and auncient houfes and races could hardlie be quenched. For remeed whereof his Majeftie and £-