Act concerning the re-entry of some advocats to their imployments. At Edinburgh, the twentie fifth day of January, 1676.

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ACT Concerning the Re-entry of some Advocats to their Imployments.

At Edinburgh, the twentie fifth day of January, 1676.

THe Lords of Council and Session considering, That whereas His Sacred Majesty, by His Letter direct to them of the 19. of May, 1674. did declare, that He found it indispensibly necessar for His service, and mainte∣nance of His Authority and for the quiet and security of His Subjects in their fortunes and estates, that the Ho∣nour, and Authority of the Colledge of Justice be inviolably preserved; and that there be an intire confidence in, and deference to all the Decreets and Sentences thereof; And that He will constantly maintain His Authority exercised in that Court, against all incroachments, indignities and reproaches: And did declare His dissatisfacti∣on with and abhorrence of all Appeals from the Lords; And did strictly prohibit the charging of any of their Decrets or Sen∣tences with in justice, whether in the terms of Appeals, Protestations, or any other manner of way, publickly or privatly, under the pain of being utterly secluded from any office in, or depending on the Colledge of Justice: Yet by that same Letter, His Majesty is graciously pleased, That the Lords should proceed no further against these Advocats, who refused to give their oaths concerning the Appeals given in by the Lord Almond, if they did solemnly disowne the same, and all other Appeals and Pro∣testations, which might any wayes import the charging the Sentences, or Interloquutors of the Lords with injustice: And in case they did refuse to disown the same, His Majesty did thereby peremptorly command the Lords to debarr them from any part of their function as Advocats, in time coming. And they having refused to disown the same: Therefore, by Sentence of the Lords of the 24 of Juny, 1674. three of the saids Advocats were debarred from their said function, and in like manner, another of these Ad∣vocats was debarred by Sentence of the Lords, the 24 of November 1674. And, because fourty other Advocats did desert the house, when the Lords were sitting, that very day that their Sentence against the first three was intimate, and did continue will∣fully to desert their attendance on the House, though ofttimes required and citted to attend the same with certification, that these Advocats, who, without lawful excuse to be aproven by the Lords, should continue to absent themselves, should be de∣barred from the exercising the office of Advocats thereafter: They were therefore, by sentence of the Lords, the 3. of July, 1674. debarred from exercising the office of Advocats thereafter. Likeas, His Majesty, by His Letter of the 14. of July 1674. did approve what the Lords had done, in relation to all the saids debarred Advocats; And by His other Letter, the 12. of December 1674. His Majesty did declare, in verbo Principis, That such of these Advocats, as should not, betwixt and the 28 of January, 1675. make application to the Lords for re-entry, to be presented to His Majesty (in manner formerly prescribed) should ne∣ver be re-admitted to that function thereafter: Requiring the Lords forthwith to cause Print, and Publish His Royal Pleasure there∣in, by way of Proclamation; which was done accordingly. After which Proclamation, and before the said 28. of January, 1675. Fifteen of these outted Advocats did give in Petitions severally to the Lords, in the terms of His Majesties Proclamation; which being found satisfactory by the Lords, were sent to His Majesty, and were returned with His Majesties Royal Pleasure, to re enter them to the exercise of their imployments. And many moe of the saids outted Advocats did give in a joynt Petition to the Lords, before the said 28. of January, 1675. but in general and dubious terms: And therefore the Lords required the same to be cleared, and that each of them should give in a several Petition to that effect, declaring, that untill that were done, they could not transmit the same to His Majestie as satisfactory; and accordingly, some of the saids Advocats did, after the said day, present new Petitions ex∣planatory of the former. And the Lords continuing in their zeal, to lay hold on every opportunity for reclaiming these Advo∣cats to their dutie, They, by their Letter, of the 17. of June last, gave His Majesty an account of that affair; whereupon His Ma∣jesty did Authorize, and require the Lords to admit the Petitioners therein named, to the exercise of their function, as Advocats: And likewise, to re-admit such of the rest of the outted Advocates, as should petition in the terms of the foresaid explanatorie Pe∣titions. As also, the Lords having considered His Majesties Letter, of the 11. of December, 1675. together with the inclosed Petition presented to His Majesty, by four of these outted Advocats, whereby they disown, and disclaim all Appeals, which sist process, and stop execution, as being contrar to Law, and in-consistent with the honour of the Lords of Session, and preju∣dicial to the Subjects in their just rights; and wherein they declare, that they shall not in their practice advise, or countenance any Protestations for remeed of Law in time coming. And wherein they do acknowledge, that all the Subjects, both Advocats, and others should pay all reverence, submission and respect to the Persons and Sentences of the Lords of Session, and that they shall never quarrel, nor impugne any of their Sentences or Interloquutors, but by Petitions, Suspensions, or Reductions only to be in∣tented before the Lords themselves, as hath been customary in former times, and allowed to be practised by their predecessours. And as His Majesty doth in the said Letter, of new expresse, His fixed and unalterable purpose, inviolably to preserve the Jurisdiction and Authority of the Lords of Session, and severely to punish all designs and courses to the prejudice, or derogation thereof, as indispensibly necessar for His Majesties interest: So, in pursuance of His Majesties pleasure, and commands His Majesty doth of new declare, That he will not suffer or allow any Appeals or Protestations to be made use of against their Acts, Interloquutors, or Sentences: Requiring the Lords to punish all attempts, or designs of that kind, according to His Majesties former pleasure. And albeit His Majesty understands perfectly, that whole affair, and the certifications which these outted Advocats have incurred, yet being now

satisfied with their declarations, acknowledgments, and submissions in the said Petition; He is graciously pleased to dispense with all certifications, and other restrictions, not only as to those who signed the said inclosed Petition; But also, as to all others who shall subscribe the like Petitions betwixt and the 10. of January next, and present the same to the Lords. As also, His Majesty al∣lowes all such Advocats, who have already, or within the said time shal subscribe the like Petitions, to re-enter to their imployments, and to enjoy all Priviledges, and Liberties thereto belonging, as if they had never been debarred therefra And as His Majesty hath manifested extraordinary Grace and Favour, towards these Advocats; So he doth confidently expect, they will demean themselves as becomes dutyful and loyal Subjects, and will henceforth give His Majesty no occasion, to signifie His Royal pleasure against any of them with a due remembrance of what hath past. And His Majesty thereby requires the Lords to give all due Incourage∣ment to these Advocats, who have remained in their dutie, and that these other Advocats, whom His Majesty hath been graciously pleased to restore, live peaceably and in concord with them: And His Majesty ordains the said Letter to be intimat to all these Advocats, and recorded in the Books of Sederunt, as a full declaration of His Majesties pleasure, and as the rule of their practice, whereunto they shall be oblidged to conform themselves. The Lords did immediately, upon the receit of His Majesties Letter, call the four Advocats, whose petition was inclosed, who having adhered thereto, the Lords did declare that, they might return to the exercise of their imployment as Advocats, as fully, and freely; as they might have done before the Decret and Sentence of the Lords debar∣ring them from any part of their function as Advocats. Which Decreet, the Lords do hereby rescind for the causes forsaid: Like∣as, the Lords having received petitions from others of the saids outted Advocats, each for himself severally, before the 10. of January instant; the Lords did also accept of the same as satisfactory, conform to His Majesties Letter, and did declare, that they might re-enter to the exercise of their imployments, as Advocats, as fully and freely as they might have done before the Decreet and Sentence of the Lords debarring them from exercising the office of Advocats, of the 3. of July, 1674. Which, as to them, the Lords do in like manner rescind, as they did formerly rescind the same: and the sentence of the Lords, the 24. of November 1674. as to the Advocats, who were debarred, and were at several times before re-entered to the exercise of their said office, as Advocats, as fully and freely, as they were before the said Decreet whereby they were debarred, viz. S. George Lockhart, S. John Cunningham, S. George Mackenʒie, S. Robert Sinclair, S. John Harper, S. Colin Campbel, M. Thomas Learmonth, M. David Dunmuir, Walter Pringle, M. William Monnypennie, M. William Hamiltoun, James Broun, M. Archibald Hop, M. John La••der, M. William Murray, M. Colin Mackenʒie, M. Robert Bennet, M. John Baillie, M. Roderick Mackenʒie elder, M. George Bannerman, M. William Weir, M. James Binning, M. William Moor, M. James Hunter, M. Alexander Anderson, M. William Baillie, M. George Dickson, M. Bobert Deans, M. William Clerk, M. David Dewar, M. John Colvill, M. William Dundas, George Gibson, M. James Borthwick, M. James Brisbain, M. David Cunningham, M. Patrick Smith, M. James Grant, M. Richard Dowglas, M. James Falconer, M. Roderick Mackenʒie younger, M. Alexander Campbel, M. Robert Buchannan, M. Edward Wright, M. Robert Stewart, M. John Kincaid, M. John Inglis, M. John Eleis, and M. Hugh Wallace. Likeas the Lords, according to His Majesties L••tter, bearing, that all the outted Advocats wh•• had already subscribed the like Petitions, to that inclosed in His Majesties Letter; Or should subscribe the same before the tenth of January, should enjoy all liberties and priviledges belonging to their office, as ••ffectually to all intents and purposes, as if they had never been debarred. Therefore the Lords do declare, that all the saids Advocats are equally free, in the exercise of their imployments, without any engagement lying upon one more than others of them. And farder, the ords do declare, that all the saids Advocats re-entered now and before, have satisfied and fulfilled His Majesties Proclamation foresaid, of the date the twelfth day of December. 1674. As having now severally, and sufficiently explained the petitions given in by them, before the 28. of January, 1675. Likeas, the Lords considering, that it is convenient and proper for them to clear that which may prevent the ensnaring any person, by that expression contained in the petition inclosed in His Majesties Letter, bearing, that these Advocats will not quarrel, nor impugne the Sentences or, Inter∣loquutors of the Lords; But by Suspensions, Petitions, or Reductions only to be intented before the Lords themselves, as hath been customary in former times, and hath been allowed to be practised by their Predecessors: Therefore the Lords do declare, that it was never allowed by the Lords, to quarrel, or impugne their Sentences, or Interloquutors, upon inquitie; and that they will in no wayes suffer, or allow the same, but will severely censure such as shall in any way reproach or defame them, with the most malicious and intollerable brand of injustice; and that by the authority communicat to them by His Majesty, in their office, and which is also asserted, and cleared by His gracious Letter, of the 19. of May, 1674. Whereof there is no alteration, or de∣rogation in that point, by His Letter of the 11. of December, 1675▪ bearing expresly, to be in pursuance of His Majesties for∣mer pleasure. And the saids Lords ordains this Act to be insert in the Books of Sederunt, and to be Printed.