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

Act 4, 5. IV Act aerting His MAJESTIES Royal Perogative, in making of Leagues and the Conventions of the Subjects.

He Etates of Parliament, conidering that the maintenance of His Majeties Authority and Royal Prerogative, in and concerning the making of Leagues and the Conventions of the Subjects, is not only a neceary duty of the people, but of Angular advantage to their happines and peace: And that their Predcceors wiely foreeeing the good and benefit thereof, and the prejudices and mieries that inevitably did accompany the neglect of the ame, did therefore by many everal Acts and Laws, aert the Kings Prerogative and Authority therein; and particularly by the hundred and thirty one Act of the eight Parliament of King James the ixth, it is Statute and Ordained, That none of his Highnes Subjects of whatoever quality, tate or function, preume to convocat, conveen or aemble themelves for holding of Councils, Conventions, or Aemblies, to treat, conult and determine in any matter of State, Civil or Eccleiatick (except in the ordinary Judgements) without His Majeties pecial command, or expres licence, had and obtained thereto, under the pains made againt uch as unlawfully convocats the Kings Leidges. And by the twelfth Act of the tenth Parliament, holden the tenth of December, one thouand five hundred and eighty five, It is by His Majety, with advice of His three Etates, Statute and Ordained, that no Leagues nor Bonds be made among His Subjects of any decree, upon whatoever colour or pretence, without His Highnes or His Succeors privitie and conent, 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 obervance of thee Laws, might have contribute much to the preventing of thee confuions and troubles, which in thee late times have almot ruined both the Kings Majety and all His loyal Subjects: Therefore His Majety, with advice and conent of His Etates of Parliament, doth revive, renew, ratifie and approve thee Acts above- mentioned, and Ordain the ame 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 gloe, that during thee late troubles hath been put upon thee Acts, as that they are not to be extended againt any Leagues Councils, Conventions, Aemblies or Meetings, made, holden or kept by the Subjects for preervation of the Kings Majety, the Religion, Laws and Liberties of the Kingdom, or for the publick good either of Kirk or Kingdom, are fale and diloyal, and contrair to the true and genuine meaning of thee Acts: And therefore His Majety. with advice foreaid, doth Dicharge, and for ever Annull the ame, and all Aces and Practices that have been in puruance thereof.

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

He Etates of Parliament, conidering the great happines that this Kingdom hath for many ages enjoyed, under the Princely Government of their Royal Kings; who by the pecial bleing of Almighty GOD, have reigned over them, in o long and an unparallel'd eries of Royal decents; and the obligation thereby lying upon them, in concicnce, honour and gratitude, to own and aert the Royal Prerogatives of the Imperial Crown of this Kingdom, which the Kings Majety holds from GOD Almighty alone. And to vindicat the ame from thee invaions, which by the malice or pecious pretexts of ill affected perons, and the confuions and diorders 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 Etates, doth properly reide in the Kings Majety, His Heirs and Succeors; and that it was and is their undoubted Right, and theirs alone, to have the power of raiing in Armes, the Subjects of this Kingdom, and of the commanding, ordering and disbanding, or otherwie dipoing thereof; and of all Strengths, Forts or Garrions within the ame, as they hall think fit; the Subjects alwayes being free of the Proviions and Maintenance of thee Forts and Armies, unles the ame be concluded in Parliament or Convention of Etates. Likeas the Kings Majety, with advice and conent foreaid, doth hereby Declare, That it is, and hall be high Treaon to the Subjects of this Kingdom, or any number of them, more or les, upon any ground or pretext whatoever, to rie or continue in Armes, to maintain any Forts, Strengths or Garrions, to make Peace or War, or to make any Treaties or Leagues with Forraign Princes or Etates, or among themelves, without His Majeties pecial Authority and Approbation firt interponed thereto; And doth dicharge all His Majeties Subjects to offer upon any pretext whatoever, to attempt the doing of any of thee things hereafter, under the aid pain of Treaon.