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<DATE>2014-04-08</DATE>
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<NAME>Mona Logarbo</NAME>
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<DIV1 TYPE="royal proclamation">
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<HEAD><FIGURE>
<HEAD>C R</HEAD>
<Q LANG="frm">HONI SOIT QVI MAL Y PENSE</Q>
<FIGDESC>royal blazon surmounted by a crown</FIGDESC>
</FIGURE></HEAD>
<HEAD>A PROCLAMATION, Concerning the Advocats.</HEAD>
<OPENER><SIGNED><HI>_CHARLES,</HI> by the Grace of GOD, King of Great <HI>Brittain, France</HI> and <HI>Ireland,</HI> Defender of the Faith,</SIGNED>
<SALUTE>To Heraulds, Macers, Pur&s;evants or Me&s;&s;engers at Arms, Our Sheriffs in that part, conjunctly and &s;everally, &s;pecially con&s;titute, Greeting:</SALUTE></OPENER>
<P>Having under&s;tood that the Lord <HI>Amont,</HI> and thereafter the Earl of <HI>Aboyn</HI> had appealed from the Lords of Our Council and Se&s;&s;ion to Us, and Our E&s;tates of Parliament; And that this being a &s;trange and unaccu&s;tomed practice, The &s;aids Lords did require the Advocats that did appear for the parties in tho&s;e Cau&s;es, to give their Oaths, whether they had given advice for giving in tho&s;e appeals? Which they refu&s;ed to do, though by their Oaths, at their admi&s;&s;ion, they have &s;worn obedience to the &s;aids Lords; But in &s;tead of an&s;wering what was by them propo&s;ed, the &s;aids Advo|cats did offer a paper, not in Relation to the Appeals in que&s;tion, but &s;tating another kind of Appeal, having only the effect of a Prote&s;ta|tion for remeed of Law without &s;i&s;ting Proce&s;s: This they did a&s;&s;ert upon &s;everal rea&s;ons, which were pre&s;ented unto Us from them, and in their name, and were con&s;idered by us, together with the account of that affair communicate to Us by a Letter from the &s;aids Lords of Our Se&s;sion under all their hands: And upon the whole matter, We did clearly perceive, that tho&s;e Advocats had &s;tated them&s;elves in an unrea&s;onable and unnece&s;&s;ary oppo&s;ition to the &s;aids Lords, of very pernicious con&s;equence, giving occa&s;ion to beget jealou&s;ie in Us and Our E&s;tates of Parliament, as if the &s;aids Lords did a&s;&s;ume greater power to them|&s;elves, than We and Our Royal Progenitors, with advice of their E&s;tates had inve&s;ted them with: In which we were fully cleared by the expre&s;s Statute of Our Royal Predece&s;&s;or King <HI>James</HI> the Second, declaring, <HI>That all Cau&s;es cogno&s;cible by the Lords of Se&s;sion &s;hould be utterly determined and decided by them without any remeed of Appellation to the King or to the Parliament:</HI> And by the in&s;titution of the Colledge of Ju&s;tice, by King <HI>James</HI> the Fifth, communi|cating to the Senators thereof the &s;ame power; And by a Letter from Our E&s;tates of Parliament to Us of the eight of <HI>October,</HI> One thou&s;and &s;ix hundred and &s;ixty three, bearing, <HI>That they could not proceed to the review of a Decree given by the Lords of Se&s;sion upon the hearing of parties, e&s;pecially upon the rea&s;ons debated and determined by the Lords, as never having been done by any Parliament authorized by Us, or any of Our &s;o numerous Progenitors, &s;ince the rever&s;ing any &s;uch decree, mu&s;t needs be upon the iniquity of the Judges of the Supream Judicatory of that Kingdom in matters Civil, from whom there is no Appeal by the Laws of the Nation, the con&s;titution of which being in great prudence &s;o ordered, and &s;uch qualifications in the Judges required, that if their Sen|tences be not ultimatly de&s;initive, it may open a way to un&s;ecure Our Subjects in their rights and properties:</HI> Wherewith We were abundantly &s;atisfied, and do fully approve Our Lords of Se&s;&s;ion, their rejecting tho&s;e and all &s;uch Appeals; and do acquit all and every one of them from any que&s;tion that can be moved upon that account. Upon this occa&s;ion, We did by Our Letter to them of the nineteenth of <HI>May</HI> la&s;t, declare, That we found it indi&s;pen&s;ably nece&s;&s;ar for Our &s;ervice, and the maintenance of Our Authority, and for the quiet and &s;ecurity of Our Subjects in their Fortunes and E&s;tates, that the Honour and Authority of Our Colledge of Ju&s;tice be inviolably pre&s;erved, and that there be an entire confidence in, and deference to all the Decreets and Sentences thereof: And We did, and do again a&s;&s;ure the &s;aids Lords, that we will con&s;tantly maintain Our Authority exerci&s;ed in that Court again&s;t all incroachments, in|dignities and reproaches; And did declare Our di&s;satisfaction with, and abhorrence of tho&s;e Appeals; And, did &s;trictly prohibit the charging of any of the De|creets or Sentences of Se&s;&s;ion with inju&s;tice, whether in the tearms of Appeals, Prote&s;tation, Supplication, Information, or any other way, publickly or pri|vatly, under the pain of being utterly &s;ecluded from exercing any office in, or depending upon the Colledge of Ju&s;tice. And We were graciou&s;ly plea&s;ed, that the &s;aids Lords &s;hould proceed no further again&s;t tho&s;e Advocats, who refu&s;ed to give their Oaths concerning their acce&s;&s;ion to the&s;e Appeals, if they did &s;olemnly di&s;own the &s;ame, and all other Appeals and Prote&s;tations which might any wi&s;e import the charging of the Sentences and Interloquitors of the Lords with inju&s;tice; And in ca&s;e, they did refu&s;e to di&s;own the &s;ame, We did peremptorily command the Lords to debar them from any part of their functi|on, as Advocats in time coming: And though the &s;aids Lords, by a Letter to Us, of the fourth day of <HI>July</HI> la&s;t, did explain Our Letter, and take off all pretences that might &s;eem to &s;traiten them and others in their employments; Yet not only they did refu&s;e to di&s;own Appeals, But when thereupon they were debarred, about fourty more Advocats (of whom nothing was required) did de&s;ert the hou&s;e that very day. We did by Our la&s;t Letter to the &s;aids Lords of the fourteenth day of <HI>July</HI> la&s;t, approve, what they in pur&s;uance of Our Royal plea&s;ure had done in Relation to tho&s;e Advocats, who had de&s;er|ted their &s;tation; Since which time, under&s;tanding their Factious Practi&s;es, We have by Our Letter to Our Privy Council ordered, that none of tho&s;e Advocats be within twelve miles of <HI>Edinburgh,</HI> till they give &s;atisfaction to the Lords of Our Se&s;&s;ion; yet none of them hitherto hath made applica|tion. Whereby, and by their whole carriage in this matter, We are convinced, that in a factious way, they do forbear to give or offer &s;atisfaction, each for him&s;elf &s;everally, until they all come in joyntly together upon &s;uch tearms as they &s;hall think fit, which is a very dangerous preparative, and highly pre|judicial to our &s;ervice. We doubt not, but mo&s;t of them are abu&s;ed in this combination by the threats and per&s;wa&s;ions of others, who, no doubt, have u&s;ed the &s;ame endeavours with tho&s;e who have adhered to Our &s;ervice. It is therefore Our Royal plea&s;ure, that Our Lords of Se&s;&s;ion give to the&s;e Ad|vocats, who have remained in their duties, all encouragement and countenance in their Employment. And We do declare, that We will not allow a greater number of the with-drawers to be re-admitted than the number of tho&s;e who did continue in their Station: And We do declare, in the word of a Prince, that &s;uch of tho&s;e Advocats who have withdrawn, as &s;hall not betwixt and the twenty eighth day of <HI>January</HI> next, make application to the &s;aids Lords of Se&s;sion, for their re-entry (to be pre&s;ented to Us in manner formerly pre&s;cribed by Us) &s;hall never be re-admitted to that Function at any time hereaf|ter. And to the end that this Our Royal plea&s;ure may be made known to all Our Subjects, We have thought fit that Publication &s;hould be made there|of. <HI>OUR WILL</HI> is herefore, and We command and charge you, that incontinent the&s;e Our Letters &s;een, ye pa&s;&s;e to the Mercat Cro&s;s of <HI>Edinburgh</HI> and other places needful; And there, by open Proclamation, make publication of Our Royal plea&s;ure in the Premi&s;&s;es, with the u&s;ual Solemnities, that none may pretend ignorance. The which to do, We commit to you conjunctly and &s;everally Our full Power, by the&s;e Our Letters, delivering them by you duely execute and indor&s;at again to the Bearer. Given at Our Court at <HI>Whitehall,</HI> the twelfth day of <HI>December</HI> 1674. years, and of Our Reign the twenty &s;ixth year.</P>
<P>God Save the King.</P>
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<P><HI><GAP DESC="illegible" EXTENT="4 letters">URGH</HI> Printed by <HI>Andrew Ander&s;on,</HI> Printer to the Kings mo&s;t <GAP DESC="illegible" EXTENT="1 span"></P>
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