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

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14. Article of the Lybell anent unprinted Acts.
One in favours of the Register erectingr ane hereditary jurisdiction
wit)] out the King's consent, as that of Sir William Bruce with this addi«
tion that this includs the King's oune proppertie, not instructed.
Ther is a generall Instruction for disjoyning particular lands from Ausuer 14th.
one s^heyre and annexing them to another at the request of heritors.
And this of digjoyning the Registers lands from the sheyre of Rosse
and joyning them to the sheyre of Crommartie was desyred by him as
convenient for his interest and the inhabitants and prejudiciall to non.
It was brought in to the Secreit Committie and by them judged reasonable
and agreeable to his Majestie's Instruction, and was managed and
carved on both ther and in the Articles and parliment by the Lord
Chanceler, and non oposeing it was unanimously past, but when Earl
Seaforth's interest was represented (which was not till after the Act
past) the printing therof v/as disseharged till his concern should be
heard and determind, so it still remained stopt.
lo.
Article of the Lybell.
A Commission of Parliment with Parlimentary poure to supply, as is
pretended, the last Commission granted by the King under the great
seal] to determine in the state of Argyle, against the King's prerogative
not instructed, the Commissioners not named by the King nor to be
answerable to non by the tenor of the said Act.
This Commission with a parlamentary pouer was most just and Ansuer 15.
necessar for his Majestie's service in respect severall persons had upon
pretence of debts, wher not a 6 pence was due to them, purchast
locallities in that estate, not only of unconfirmd vassalls and other lands
which will be found to belong to the King, but even of his Majestie's
oune fewduties and other casualties, which by this Commission most be
restored to the crown, which could not be legally done without a parlimentary
pouer ; and it seems strange to assert that a Commission given
by parliment in the King's oune favours and to determine his oune
rights should be against his prerogative. The Commissioners are by the
Act left to his Majestie's nomination (tho the contrair be confidently
aserted) and the Commission most pass the great seall, so that the King
may qualifie it as he pleases; and if he shall not think fitt to name the
Commissioners the commission falls, which these who reclaime against it
have very good reason to desyre, since they know that the localities they
have gott will be called in question upon undoubted grounds of justice
and law, and a great pairt of them will be found to belong to the King ;
and that this Act was fitt and absolutly necessar for the King's service
the Secreit Committie wer unanimously of opinion, without which it
had not been proposed in Articles or parliment.
16. Article of the Lybell.
Another Commission with parlimentary power to cognosce on the
inferior judicators, contrar to the Instructions, and incroaching upon the
King's royall prerogative.
His Majestic did give ane Instruction to pass ane Act for regulating Ansuer 16.
inferiour judicatories, and the constant method therof has been by such
• commissions, nor is it to be suppossed that a bussiness of that nature
can be otherwayes done except the parliment wer to sitt at least 6
month to examine the errors and escapes of the inferior judges, and
whats to be helped or altered in judicatories, which (considdering the
many seaverall judicatories of the nation) is a work of noe small tynie