Page:The Laws and Acts of Parliament of Scotland.djvu/762

 S#8 The Third Parliament of the perniciou s principles, and wicked praftifes of feveral perfons , That they doe aflert , and maintain thefe villanous, Impious , and horrid Doctrines , and principles. THEREFORE, HIS MAJESTY, WithadviceandconfentoftheEftat.es of Parliament DOETH STATUTE, and ORDAIN, That not only allfuch perfons who fhall afTaffinat, But that all who fhall maintain , oraffert, Thatitis lawful to kill any man upon difference in opinion , or becaufe they have been imployed in the fervice of the King , or of the Church, as itisprefentlyeftablifhedby Law, fhall incur the pain of Treafon, and be punifhed by tinfelofLife, Lands, and Goods. AND Remembring with horrour, the execrable murder of that moft Reverend,& Worthy Prelat James late Arch-Bifhop oiSanR-Andrewes,Lotd Primat of Scotland, (who deferved fo well of this Church, and Monarchy, for his eminent fervices to both) DOE Ordain the Sherriff of Fife and his deputs, To make weekly fearches in thefe places, where it is, or may be, fufpefted thefe Afiaf- finats doe refide, that they may be brought to Juftice , and examplarly punifhed. And likewife ordains all other Sherriffs, and Magiftrats , upon Information that thofe Affaffines are within their bounds, To make fearch for and apprehend them, that they may be brought to Juftice. AND DOE hereby Ratifie the former Acts of Council againft fuch as fhall reflet thofe Murderers. XVI. ACT Concerning the JurifdiBion of the ^Admiral Court. September 14. 1681. OUR SOVERAIGNE LORD, Confideringthattheclearitigandeftablifhingthejurifdiclionof the High Admiral of this Kingdom, will greatly tend to the advancement, and encouragment of Trade, and Navigation, THEREFORE His Majefty, with advice and confent of the Eftates of Parliament t DOETH Ratify and approve the 15. Aft of the ix. Parliament of King James the Sixth, in the whole Heads, Claufes, and Articles of the fame, And Decerns, and Declares, the High-Court of Admirality to be a Soveraigne Judicature in it felf , and of it's own nature to Import fummar execution. And S T AT U T E S and DECLARES, That the faid High Admiral, as he is His Majefties Leive-tenent, and Juftice General upon the Seas, and in all Ports, Harbours, or Creiksofthefame, and upon Frefli waters, or Navigable Rivers below the firft bridges, or within the flood marks, 1 o far as the fame does, or can at any time extend ; So the faid High Admiral hath the fole Priviledge and Jurifdiction, in all Maritim and Sea-faring caufes, forreign and domeftick, whether civil or criminal whatfoever within this Realm, and over all perfons as they are concerned in the fame. And Prohibits, and Difcharges all other Judges to meddle with the decifion of any of the faids caufes in the firft inftance, except the Great Admiral, and his Deputs allennarly. And STATUTES, ORDAINS and DECLARES, that it is the Priviledge of the faid High Admiral, to caufe parties be^ come enacted, and find Caution, not only for compearance, but for performance, of the Acts and Sentences of his Court, and that he may punifh all breakers of his arreaftments, and refifters of his Officers, in the Exe- cution of his precepts, and apply the fines , and amerciaments to his own ufe, conform to the Laws of the Kingdom. And farther STATUTS and DECLARES, that the High Court of Admirality is a fu- preme Court, and that the Decreets and Ads of all other Tnfenour Courts of Admirality, are fubject to the review, and reduction , of the faid High Court oi Admirality. AND for the more ready and quick difpatch of Juftice, in Maritim, and Sea-faring caufes, forreign and domeftick , whether Civil or Criminal within this Realm, and over all perfons in fo far as they are concerned in the fame , both to Natives and Strangers, OUR SOVERAIGNE LORD with advice and confent forefaid Prohibits and Difcharges all Advocations in the forefaids caufes, from the faid Court of Admirality to the Lords of Sef- fion, or any other Judges whatfoever in all time coming, and that no fufpenfion or other ftop to the Execution of the Decreets, or Acts, of the faid Court of Admirality, be paft be the Lords of Seffion, at any time hereafter,; except by the whole Lords, mprafentia , in time of Seffion, and by three of the faids Lords the time of Va- cance met together to that effect : And that if any fufpenfions, or ftops fhall happen to be paft in manner fore- faid, the fame be fummarly difcufled upon a Bill, and be Priviledged and exeemed from the ordinary courfe of the Roll : And if upon difcuffing thereof, the fame fhall be found to have been unjuftly, and malitioufly raif- ed, That the faid High Court of Admirality, may upon the Application made by the Parties concerned , Mo- difie, and Decern the Damages they have iuftained by the faids fufpenfions , and ftops of execution of their Acts and Decreets, attour the expences of plea before the Lords of SefTion,which is to be modified by the faids Lords of Seffion. AS ALSO His Majefty with advice and confent forefaid, STATUTES and O R- D AINS, That it fhall be lawful and competent to the faid Court of Admirality, to review their own De- creets and Sentences, ii there be juft occafion for the fame. And His Majefty with advice and confent fore- faid DECERNS and DECLARES, That it is the fole Right and Priviledge of the High Admiral, and his Deputs, the Judges of the High Court of Admirality , To grant paffes , and fafe conducts to all Ships; And Inhibits and Difcharges, all others to grant the fame, as they will be anfwerable upon their higheft peril. And His Majefty with advice and confent forefaid Caffes, Annuls, and Refcinds, all and whatfoever Laws, Acts of Parliament, orCuftoms, contrary to, or any wayes inconfiftent with this pre- fent Act. ^ACT