ACT Rescinding two ACTS, Past in the last SESSION of PARLIAMENT: The one for excepting of persons from public Trust; And the other for voting the same by Billets.  
Edinburgh, the ninth of September, 1663.  
C R  HONI SOIT QVI MAL Y PENSE  royal blazon or coat of arms 
EDINBURGH, Printed by Evan Tyler, Printer to the King's most Excellent MAjESTY, 1663.   

ACT Rescinding two ACTS, Past in the last SESSION of PARLIAMENT: The one for excepting of persons from public Trust; And the other for voting the same by Billets.  
Edinburgh, the ninth of September, 1663.  
OUr Sovereign Lord, out of His innate goodness and love to this His ancient Kingdom, being desirous, that now, after so long troubles, a perfect peace be settled within the same, and that all His good Subjects might enjoy the happiness and blessings of His Government in a full and free Act of Indemnity, Pardon and Oblivion; Did, by His Instructions to the Earl of Middleton, His last Commissioner, before the second Session of this Parliament, Declare His Royal Pleasure concerning Fines to be imposed, both as to the crimes, for which fining was allowed, and as to the proportions; and this moderate way of fining (which His Majesty intended to employ for the relief of His good Subjects who had been sufferers) being the only punishment His Majesty gave warrant for; And His Majesty being careful to see His Royal Grace and Favour to His people extended as large as He intended it, He commanded the Act of Pardon and Indemnity to be transmitted to His own consideration, before His Royal consent were given to the same. In obedience whereunto, the Earl of Middleton, in summer, one thousand six hundred and sixty two, dispatched Sir George Mᶜkenzie of Tarbet to His Majesty, with a Letter of credit: He carried two draughts of an Act of Indemnity, the one excepted only as to Fines, the other excepted also as to incapacity from public Trust; the last he publicly owned to be the desire of the Parliament, and earnestly pressed, in name of the Parliament, the incapacitating of some few of the most guilty, not exceeding twelve; to which His Majesty at last consented, merely to gratify that which was represented to be the desire of so faithful and loyal a Parliament: And having desired to know the truth hereof from His Parliament, they, by their unanimous opinions and votes, upon the twenty two of July last, Declared, that they gave no warrant to desire of His Majesty, that the Act of Indemnity should carry an exception of incapacitating from public Trust, nor any warrant at all to desire, in their names, His Majesty's consent to the incapacitating a few; and that notwithstanding thereof, they had seen the double of an Instruction given in the contrary by the Earl of Middleton to Sir George Mᶜkenzie, signed, and, in presence of the Parliament, owned by him to be a just double; bearing, that it was much desired by the Parliament, that some should be excepted from public Trust: And it was also declared by the Parliament, that there was no other ground for incapacitating, but that it was His Majesty's pleasure to have it so, and that this was the rise of bringing in the Act of Billeting, as the most expedient way of voting the Act of Incapacitating: By which it appears, both His Majesty and His Parliament were abused, as to that exception from public Trust. And Our Sovereign Lord considering, that this way of Billeting had not colour of warrant from His Majesty, and that His Royal consent was given to it without His knowledge, and very far from His intention; and that in the contrivance and carrying on of the same, sinistrous courses were taken, and designs laid, for incapacitating the Earls of Crafurd and Lauderdaill, and Sir Robert Murray; Persons, who for their eminent loyalty to, and great and long sufferings for, His Majesty, are deservedly in His high esteem, and who, for the time, had the special approbation of this present Parliament for these great employments they had from His Majesty, as His Officers of State and otherways; and that therefore He hath, with much reason, declared Himself most unsatisfied therewith: Yet, He doth not attribute the concurrence of His Parliament in Billeting to any thing, but to their unparallelled affection to His Person and Service, and their obsequious compliance to every thing was represented to them to be His Majesty's intention, or which might be acceptable to His Majesty. And considering the way of Billeting to be most pernicious in itself, and of a most dangerous consequence, as tending to the dishonour of His Majesty and His Parliament, and to the subversion of all justice and Government; it being a way never before that time practised in this Kingdom, or in any other place, under Monarchical Government; being so derogatory to His Majesty's Authority and Royal Dignity, and so contrary to the honour, freedom and gravity of Parliaments, to all former Practices, and to the rules of common justice; every man, even these of greatest merit, being thereby rendered unsecure of their honour, estates, liberties and lives; His Majesty's Officers of State and those of nearest relation to Him, being exposed to infamy and ruin, to be, by colour of His Authority without His knowledge, torn from Him; and His Royal Prerogative, in the choice of His Councillors and Servants asserted in this present Parliament, violated and made contemptible, and all His Majesty's good Subjects made liable to censures, without being accused, heard, or legally condemned. In regard of all which, Our Sovereign Lord, with consent, and by the special advice of His Estates in Parliament, Doth hereby Rescind and Annul two Acts, passed in the last Session of this Parliament, on the ninth of September, one thousand six hundred and sixty two; the one Entitled, Act appointing the manner of voting by Billets, and the other Entitled, Act concerning persons to be excepted from public Trust, together with the Clauses relating thereto in the Act of Indemnity and in the Act of Fines; and Declares the said's two Acts, with the Clauses aforesaids relating thereto, to have been from the beginning, to be now, and in all time coming, void and null; and Ordains the same to be expunged and razed out of the Records. Likeas accordingly, the said's principal Acts being called for and presented in Parliament, were publicly torn and destroyed; and the Act of Indemnity and Act for Fines, with the Records of the minutes of Parliament, being also called for, the Clauses contained therein, relating to the excepting of persons from public Trust, and the voting of it by Billets, were expunged out of the same: And the Clerk Register is hereby Ordained to take care, that from henceforth the Act of Indemnity and Act for Fines be extracted and recorded according to these amendments, and that any extracts already given out, be void and null, as to these Clauses thus amended. Likeas, Our Sovereign Lord, to evidence His just dislike of so pernicious a course, Doth, with advice and consent foresaid, Discharge all voting by Billets for the future.  
And forasmuch, as the Parliament, in obedience to His Majesty's commands, did transmit to His Majesty, the original Depositions of those who were examined, concerning this whole business, to the end He might declare His further preasure; His Majesty Declares, That having taken all that relates to the business of Billeting into serious consideration, He will, in convenient time, make known His further pleasure therein.   

EDINBURGH, Printed by Evan Tyler, Printer to the King's most Excellent MAjESTY, 1663.