Page:The Laws and Acts of Parliament of Scotland.djvu/580

 The firft 'Parliament of Act Ke loe nrit -rariiamem or Act ii. Majefties Subjects mould prefume, upon any pretext of "any 'Authority whatfoever, to require the renewing or {wearing of the faid League and Covenant, or of any other Covenants or publick, Oaths concerning the Government of the Church or Kingdom ; And that none offer to renew or fwear the fame, without His Majeffies fpecial warrand and approbation, &c. I do, conform to the Atfs of Parliament aforjaid, ^Declare, That I do with all humble duty acknowledge His Majefties Royal Prerogative, Right and Power in all the particulars, and in the manner aforementi- oned; and that I do heartily give my confent thereto, by the fe presents -.Subscribed by me, at XIL Ac~t concerning the Judicial proceedings in the time of the late ZJfurpers. FOrafmuch as fmce the year of GOD, one thoufand fix hundred and fifty one, the late UfurperS did take upon them to eftablifh Judicatories, fuperior and interior, within this Nation; as Judges. for Adminiftration of Juftice, in place of the Judicatory of the Seffion formerly eftablifhed by Law, Commiffioners for the Admirality, Sheriffs of Shires, CommifTars, Juftices of Peace, and other infe- riour Courts. In which Courts the people did in name of the Ufurpers, or under the notion of th« Keepers of the Liberties, prof ecute and deiend their feveral Caules and Interefts, thefemany years paft. And his Majefty confidering that the matters agitate, puriuedand concluded, were for the moft part, things of courfe, belonging to the ordinary Judicatories formerly eftablifhed in this Kingdom •; and being unwilling that the people ihould be put to any further trouble, where Matters have been acted, and Cafes determined, according to Law : Therefore, His Majefiy, with content of the Eftates o£ Parliament, Declares, 1 hat all and whatfoever Act s, Interloquutors, Decreets and. Sentences, made, pronounced and given forth by die faids Courts, fuperior and inferior, with all execution thereupon, and all execution by Horning, Inhibition, Caption, Comprifing, Poyndingand ethers, to have been, and to be, valid, and ftand in full force, notwithftanding of the unlawfulnefs of the Authority, by which thefe Courts were held, and the execution ufed: But became the Judges or Commit- ' fioners for Adminiftration of Juftice, did fomctimes proceed in an arbitrary way, contrair to Law and Juftice ; and at other times, many of them being flrangers and ignorant of the LaW, did proceed unwarrantably and unjuftly betwixt parties. Therefore, His Majefty, with colent forefaid, doth Declare, That whatfoever perfon or perfons,hath any juft reafon to quarrel their Acts, Interloquutors, Decreets, and Sentences, they are hereby warranded and allowed to do the fame, without any Re- duction or Suipcnfion, within the fpace of one year, next after the down-fitting of the Seffion ; And if parties complainers be Minors, within the fpace of year and day, next after theyfhali attain the age of twenty one years compleat, Parties alwayes being lawfully cited thereto. And if any perfon or perfons, be charged under the pain of Horning, Sufpenfion lhallbe granted to them upon Caution, or if they be not able to find Caution, fuper Cautione Juratoria. And if it fhall be found, that the compiainer doth, without any juft ground, unneceflariy vex the party complained upon, in that cafe, the Lords of the Seffion are hereby authorized > to determine the parties damage and charges! to be paid by the unjuft compiainer. Likeas, all Decreets before the faids pretended Commiffionerss for adminiftration of Juftice. whether given inabfeiice, or parties compearand, are hereby allowed to be brought in queftion, reviled aud rccognofced, in manner forefaid. And whereas there be many Procefiesas yet depending undecided, upon Summons and Letters raifedin the faids Ufurpers names*, the fame Procefles fhall beailwakned in His Majefties Name, and be put to a final clofe by the Lords* of Seffion, as if they had been intended from the beginning, in His Majefties Name and Authority. And whereas, any Acts or Decreets have been made or given forth in the Admiral Courts, or any o- ther infenour Courts, the fame may be brought in queftion before the Lords of Seffion, in the fame, form and manner as was formerly eftablifhed by Law and Practick of this Kingdom. And forai'much as the faid Ufurpers, did from time to time, nominate and appoint Commiffioners of Exchequer, having the fame power topafs all forts of Writs, Signators and others, and to difcune Procefles and Sufpenfions, in the fame manner as His MajeftiesTr.Qzfo.ttt and Commiffioners, appoin- ted by His Majefty, had power to do; Therefore, His Majefty, with advice and confent forefaid, ■for the good and eale of His people (under the provifions under- written) doth Declare, all and what- foever Writs, Gifts, Signators of whatfoever nature and quality they be of, paft and exped the Privy great and quarter Seals rejpetlive, or paft according to pretended Orders, for the time, when there were no Seals, to be of full force and effect; Providing alwayes, that where any Signators were paft in Exchequer under the Ufurpers, and the Competition paid, aud yet not paft the Seals , the fame fhall be prefented and paft in Exchequer, de novo, if there be reafon therefore, without any Com- pofition; and where Refignations only have been made upon Procuratories in the Ufurpers time, Sig- nators may without new refignation pais thereupon. It is alfo provided, that this Act be no wife ex- tended to new Gifts oi Lands, Tenuis and othets, paft to the prejudice of His Majesty, nor to Gifts of Baftardie, or •ultimas Bares, unlefs the fame be of new ratified and approven by His Majefties Treasurer