The manuscripts of His Grace the Duke of ... - Electric Scotland

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that poure to the Council!, and it necessarly behooved to be so, since
such sentences wer to proceed upon judiciali tryall, and has been the
method of all former parliaments in caices of this nature. The King
and his councill are not different ; what is remitted by the ])aiiiame'it to
the councills determination is still understood to the Kings, and its a
grosse missconstructing the Act of Parliament to pretend the contrair,
as if the parliament did intend by ther remitting this matter to the
councill to exclude the King, which is equalie against law anl sense.
2nd Article of the Libell.
The lOtli Act concerning judiciali confessions comes not the lenth of
the Instruction, since it is only a temporary law, and that is ane abridgement
of the prerogative by which it was done before that law was
made.
The 10th Act anent judiciali confessions was brought in to the
Articles as a perpetuall law in the tearms of the Instruction ; but
tending extreamly to the alteration of the antient laues of the kingdom,
most of the Articles and the whole lawiers ther did much oppose and
debate against it, and it having mett with generall opposition, as being
judged of dangerous consequence, this temporary law was resolvd upon
by the Secreit Comittie as the best expedient, and even that did not
pass without difficultie ; and how his Majestie's prerogative is more
abridged by this temporary law then if it had been perpetuall cannot be
comprehended.
3rd Article of the Ly bell.
In the 12th Act severall Catholicks are namd commissioners of
Assessment, ordained to act under seveare pains and fyns, and to take
the test and other oaths contrary to ther religion.
The Commissioners of valuation for the severall sheyrs wer not now
nor in any proceeding parliament named either by his Majesties Commissioner
or the parliament, nor wer ther names ever so much as read
in parliament, the common course having still been, that the noblemen
and commissioners for the seaverall sheyrs made up these lists and gave
them to the Clerk Register who inserts all in the Act, so if tlier be any
named who ought not, they have only ther oune freinds to blame, who
therby design them favour and not a snaire, and particularly Mr.
Thomas Gordon, clerk to the Justiciarie, who does the Duke of Gordon's
bussiness, complaind to Duke Queensberrie about raiseing of the parliament,
that non of Duke Gordon's freinds wer namd commissioners in
the severall sheyrs wher the said Duks interest lay, wherupon Duke
Queensberrie, the Commissioner, orderd him to give in lists to the
Register of the said Duke's freinds to be added, which accordingly was
done, and these containd most if not all the Roman Catholicks mentiond
in the Act, who if they be insnaird by this trust have only Mr. Thomas
Gordon to blame, who ought to have knoun the law in that caice.
Beside, his Majestic would be pleased to remember that the preceding
parliament wherin he was commissioner did enjoyn these commissioners
to take the test (and the Secreit Committie now thought fitt to doe the
sarain) so that it's noe new Act or design of this parliament ; and albeit
these commissioners be oblidged to accept as they will be ansuerable,
yet that imports neither seveare pains nor fyns, since the application of
it is still reserved to his Majestic, they being only ansuerable to him and
his councill if they shall so refuse ; and as this was by the Secreit Committie
singly levelld against phanaticks, so non other can be in heasard