Page:The Laws and Acts of Parliament of Scotland.djvu/642

 7% The fecond Seffion of the fir ft Parliament of liamenr do Declare, that thefe positions , That it is lawful to Jubjects , upon pretence of Reformati- on, or other pretence whatfo^uer, to enter into Leagues and Covenants, or to take up Arms again ft the King; or that it is lawful to fubjects, pretending His Majefties Authority , to take up Arms againft HisTerfin or •thofe commijfwnated by Him, ortofufpendllimfromtheexercifeofHis Royal Government , or to put limitations upon their due obedience and allegiance, Are Rebellious and Treafonable : And that all thefe Gatherings, Convocations , Petitions , Proteftations and Erecting and keeping of Council-tables, that were ufed in the beginning, and for carrying on, of the late troubles, were un- lawful and feditious : And particularly, that thefe Oaths, whereof the one was commonly called 7 he National Covenant, ( as it was {worn and explained in the year one thoufand , fix hundred and thirty eight, and thereafter) and the other entituled, A ' Solemn Le 'ague and Covenant , were, and are inthemfelves unlawful Oaths, and were taken by, and impofed upon, the Subjects of this Kingdom , arrainft the fundamental Laws and Liberties of the fame ; and that there lyeth no obligation upon any of the Subjects from the faids Oaths, or either of them, to endeavour any change or alteration of Government ether in Church or State ; And therefore Annuls all Afts. and Conftitutions, Ecclefiaftical or Civil , approv- ing the faid pretended National Covenantor League and Covenant, or making any interpretations of the fame or either of them. And alfo it is hereby Declared by his Majefty and Eftates of Parliament, That the pretended Aflembly, keept at Glajgow in the year one thoufand, fix hundred, and thirty eight, was in it felf (after the fame was by His Majefty difcharged, under the pain of treafon ) an unlawful and feditious Meeting,- and that all Acts, Deeds, Sentences, Orders or Decreets pad therein , or by vertue of any pretended Authority from the fame, were in themfelves from the beginning , are now , and in all time com- ming, to be reputed unlawful , void and null : And that all Ratifications or Confirmations of die fame , paft by whatfoever Authority or in whatfoever Meetings, fhall from hencefor th be void and null. Like-as, His Majefty and Eftates of Parliament, reflecting on the fad confequences of thefe rebellious courfes , and being careful to prevent the like for the future, have therefore Statute and Ordained, and by thefe 'prefents Statu- tes and Ordains, That if any perfon or perfons fhall hereafter plot , contrive or intend death or deftruction to the Kings Majefty , or any bodily harm tending to death or deftruction, or any reftraint upon His Royal Perfon, or to deprive, depofeorfufpend Him from the ftile, Honour and Kingly Name of the Imperial Crown of this Realm, or any others His Majefties Dominions, ortofulpendHimfromthecxercife of His Royal Government, or to levy War or take up Arms againft His Majefty or ony commiffionated by Him , or mall entice any ftrangers or others to invade any of His Majefties Dominions ; and fhall by writing, print- ing, preaching or other malicious and advifed fpeaking, exprefs or declare fuch their treafonable intentions, every fuch perfon or perfons, being upon fufficient probation legally convicted thereof, fhall be deemed, declared and adjudged Traitors, and fhall fuffer forfeiture of life, honour, lands and goods as in cafes of high Treafon. And further, it is by His Majefty and Eftates of Parliament Declared, Statute and En- acted, That if any perfon or perfons fhall, by Writing, Printing, Praying, Preaching, Libelling, Re- monftrating, or by any malicious and advifed fpeaking, exprefs, publifh or declare any words or fentences to ftir up the people to the hatred ot diflike of His Majefties Royal Prerogative & Supremacy in caufes Eccle- fiaftick, or of the Government of the Church by Archbifhops and Bifhops as it is now fetled by Law , or to Juftifie any of the deeds , actings, practices or things above-mentioned and declared againft by this prefent Act, that every fuch perfon or perfons fo offending, and being, as faid is, Legally convicted thereof, are; hereby declared incapable to enjoy or exerce any place or imployment, Civil, Ecclefiaftical or Military, within this Church and Kingdom, and fhall be lyable to fuch further pains as are due by the Law in fuch cafes ; Provided alwayes, that no perfon be procefled for any of the offences aforefaid, contained in this Act, (other then thefe that are declared to be high Treafon) unlefs it be by order from His Majefty, or by order of His Privy Council for the time ; neither fhall they incur any of the penalties above-mentioned, unlefs they be purfued within eight Moneths after the offence committed, and fentenced thereupon with* in four Moneths after the intenting of the Procefs. And it is alfo Declared, That if his Majefty grant His pardon to any perfon convicted for any of the offences contained in this prefent Act ; After fuch pardon , the party pardoned fhall be reftored to all intents and purpofes, as if he had never been purfued nor convicted, any thing in this Act to the contrary, notwithstanding. III. t^Act concerning fuch Benefices and Stipends as have been pojfejfed without preJbitatioHs from the lawful PATRONS. THE Kings moft Excellent Majefty being defirous, that all His good Subjects may befenfible of the happy effects and fruits of the Royal Government, by a free, peaceable and fafe enjoyment of their due interelts and properties under His protection; and that in His reftitution they may find themfelves re- ftored to thefe Rights, which by Law were fecured unto them , and by the violence and unjufticeof thefe ; late troubles and confufions have been wrefted from them : And confidering, that notwithstanding the right of