Series 1 > Records of the Proceedings of the Justiciary Court Edinburgh, 1661-1678 > Volume 1, 1661-1669

118 JUSTICIARY PROCEEDINGS [NOV.
descended on and lybelled is in no law sufficient to inferr
the crimes lybelled in the proposition agl the Pannell.
My Lord Advocate to the haill alledgiances aforementioned
oppones the Acts of Parliament lybelled and the subsumption
of the Dittay lybelled in termini# upon and conform and in
the express words of the same, and where it is pretended that
the Act of Parliam* K. Ja. the 2d does not contain capitall
Punishment but only an ordinary pain. The said Act is
opponed bearing that the Contraveeners of the same should
be in the King’s will as to any punishment he should please to
inflict indefinite, and his Majestie, at least his Grace the Com¬
missioner and the Privy Counsell, who represent his Majestie,
has upon most just grounds and considerations declared his
Majestie’s will and that the pain of Death should be execute
against the Pannell. Rut to take away all pretence it is clear
by the other Acts of Parliament lybelled, and in speciall by
the Acts of Q. M. that Tumults, Commotions and Uproars
being of so dangerous consequence both as to the crime itself
and as to the preparative and concernment of his Majestie,
and People, is and ought to be punished at least with the
pain of Death, and where it is pretended that the Deeds and
Crimes lybelled do not fall under the compass and qualifica¬
tions of the sd Acts of Parliam* and deeds, circumstances and
qualifications libelled are opponed as being directly the case,
and the terms of the said Acts of Parliament anent Com¬
motions and Tumults and it is not necessary that the haill
qualifications contained in the sd Acts should be lybelled, it
being sufficient that ane or other of the same, speciallie $uch
as are materiall and imports and necessarily inferrs the motion
and crime of Tumult and Commotion, which is the crime
intended to be prohibite by the saids Acts, and that the for-
said Cryme is lybelled and qualified with all the heinous and
aggravating circumstances and aggravations. Tumults and
Uproars. It is remmitted to my Lo. Just. Clk. and that the
Deeds and Circumstances lybelled do amount to more than
the sd crime of Sedition, and as to the pretence that the said
Act of Q. M. is temporary, and that the saids Acts do only
militate in the case of private conventions and Tumults, the
saids pretences are evasions of no weight, seeing Kings, Queens