Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	death_n	king_n	treason_n	2,352	5	9.2422	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35507	De verborum significatione The exposition of the termes and difficill wordes, conteined in the foure buikes of Regiam Majestatem, and uthers, in the Acts of Parliament, infestments, and used in the practique of this realme, with diverse rules, and common places, or principalles of the lawes. Collected and exponed be M. John Skene, clerke of our Soveraine Lordis register, councell and rolles. And now re-printed by His Majestie's special command.	Skene, John, Sir, 1543?-1617.	1681 (1681)	Wing C7683; ESTC R220201	149,431	38

jurisdiction with the fange that is hand haveand and back-bearand Lib. 4. c. Si quis 11. Quoniam attach c. nullus 22. Quhilk fang in the civil law Furtum manifestum is called furtum manifestum Bot sindry uthers ar in the contrair opinion affirmand that it is not leasum to ony man havand libertie of out-fang-thief to repledge or reduce his awin man taken without his awin libertie for thieft to his a win court there to do justice upon him Because all thieves suld underly the law and be judged be him within quhais jurisdiction the thieft is committed in sik forme maner as is statute anent slauchter punition thereof Ia. 1. p. 2. c. 89. Amangst the interpretours of the civil law I find the like controversie in this mater For. Bart. in l. Sidom 48 Nu. 2. ff d. furtis Quocunque inquit in loco reperitur fur cum re furtiva ibipotest puniri Veluti furtum faciens Floentiae Si reperitur in alia jurisdictione veluti Mediolani cum furto potest à Mediolanensibus puniri Quhais opinion sindry Doctoures follow is as writs Chessanaeus In consuetud Burgund Rubr. Verb. simplè larrecin Nu. 15. Albeit sindrie uthers ar in the contrair opinion alleagand that the thiefe suld he punished in the place quhair he commitis the thieft ut in additione ad Bartol in d. l. 48. Conforme to the quhilk it is statute be the Law of this realme that ane thief of stollen woodde taken with the fang in an uther Lords lands suld be arreisted with the wood sall suffer the law in his court fra quhom the woodde was stollen Ia. 1. p. 2 c. 34. Mair-over ane thiefe is ordaned to be punished in the place quhair the thieft was committed because the crime may be best tryed there Stat. 2. Rob. Br. c. 4. INFENSARE curiam That is quhen the judge insormis the suters in sik things quhairof they ar ignorant Quoni attach c. vbi ab aliqua 10. Like as the civil law Iudex potest supplere ea que advocatis in jure desunt ITER From Itinerare b.e. Iter facere As Iter camerarij The Chalmerlane aire quhairof ane gud forme is written and extant in the buiks conteinand the auld lawes of this realme The forme of the justice aire or court Iter iustitiarij the justice aire quia Iustitiarius debet itinerare per regnum as it is written in the English lawes For he suld make course throw the realme for ministration of justice and ride in competent and easie number to eschew grievance and hurting of the people Ia. 2. p. 6. c. 21. The justice aire suld be halden twise in the ȝeir For King David statute ordaned that the justice his deputes suld hald twa head courts ȝeirlie Justice aire suld be halden twise in the ȝeire Ass Reg. Da. cap. statuit dominus 18 Quoniam attach c. statuit 77. And the Kingis justice the Lordes of the regalities and also the Kingis Baillies in his regalles suld hald their justice aires twise in the ȝeir Iam. 2. parlia 3. cap. 5. Universallie in all partes of this Realme anis on the grasse and anis on the cornes Iam. 2. par 13. cap. 94 Iam. 4. par 3. c. 29. And over all the Schires of the Realme in the Moneths of Aprill and October Ia. 6. p. 11. c. 81. Baith in the in-land and alswa in the Iles South and North. Iam. 4. par 6. ca. 59. Because the Iles and inhabitants thereof suld be ruled be the Lawes of this realme Ia. 4. p. 6. c. 79. Iustice aires suld be halden for increase of justice and tranquillitie of the realme for stanching of combers slauchters riefes thieftes extorsiones For what causes justice courts suld be halden and oppression of the Kingis lieges And to the effect justice may be universallie throw the haill realme ministred for punition of the said crimes sik authoritie suld passe with the justice throw all the realme to the justice aires that trespassoures sik as men-slayers rievers thieves and committers of uther enormities in dissobeying and licht-lying of the Kingis lawes may be punished without favoures Iam. 4. par 3. c. 29. Iam. 3. par 13. cap. 90. The justice aire or court being proclaimed at the Kingis command to be halden sik ane day as he pleasis in the head burgh of the Schire The justice suld cause dittay to be taken up be his clerkes diligentlie and faithfullie Dittay and for quhat crimes it may be taken up For the dittay is the principall and chief substantiall poynt of the justice aire and the justice suld follow the ordour thereof Dittay may be taken up upon all crimes perteining to the justice and his jurisdiction as is manifest be the actes of parliament Read the word Dittay in the table of the saidis actes and al 's upon the crime of lese majestie or treason As the death of the King sedition within the Realme betraying of the Kingis hoist or armie Breaking of the Kingis protection fraudfull hiding and conceilling of ane huird or treasure wilful fire robbery ravishing of weemen murther slauchter thieft forestalling all kinde of falsed in doing of justice in money assise weichtes measures writs And generallie al uther like crimes quhilk be the law ar punished be death or cutting of ane member Lib. 1. cap. 2. Leg. Malcolm Mak. cap. 3. Ass Reg. Dav. c. nullus 17. de Iudic. c. Placitorum 8. Mair-over the justice generall may set particular justice Courtes upon ony maner of crimes quhen neede is for punishment of particular faultes that occurris Sik as recent slauchter mutilation ravishing of weemen Quhilk hainous and capitall crimes may be first criminally persewed before him And as for the depredationes ejectiones spuilȝies the samin being first civilie discussed before the civill judge ordinar Thereafter may be criminallie persewed before the justice and his deputes at particular diettes set and appoynted therefore or be way of dittay in the justice aire Ia. 5. p. 4. c. 33. Dittay may be taken up twa maner of waies privatlie and publicklie For the justice and his deputes may privilie take up dittay Dittay may be taken up privatlie or publicklie be privie inquisition of malefactoures and their receipters be the aith of three gud honest faithfull men of the principall man sik as the Chalmerlaine or officiar within ilk village or town Stat. Alex. c. 2. And mair-over all Lords and heades-men of all partes of this realme suld give up dittay upon notour trespassoures without exception of ony persone to bee taken and justified without remission l. 3. p. 13. c. 94. And sulde mak trew relation there-anent to the Chancellar or justice quhen they salbe required Ia. 3. p. 14. c. 98. And gif they be convict be ane assise in the contrair they sall perpetuallie tine their court in all time cumming Li. 4. c. ass 20. stat Wilh c. Ass 5. Secondlie

called raptores in French voleurs or Robeures Difference betwixt riefe and thieft is different from theft quhilk is committed quietlie and privilie without violence Mair-over reife is ane greater crime then thieft because reife is committed baith in the gudes and in the person of the possessour theirof and thieft is of the gudes and gear allanerlie Ches in consuet Burgund rab 1. § 5. Be the law of this Realme the complaint of reife or robberie suld be maid be him quha is robbed and damnified within the like time as is foresaid of the ravishing of weemen quo attach c. de caetero 48. lib. 4. c. raptus 9. RECOGNITION of landes is commonly used in the law and practicque of this realme Sicut feudum dicitur aperiri domino ita terrae dicuntur cadere in commissum sicuti fit in hoc casu ob culpam vassalli in Emphyteusi or fewe landes ob non solutum canonem seu pensionem lib. 3. c. ex locato 11. For the vassall tynes landes halden be him be service of warde be reason of his awin fault as salbe hereafter exponed and the proprietar of few-landes may tyne and for-fault the samin for non-payment of the ȝeirly dutie Cognoscere is to knaw and understand recognoscere is to knaw again or at the 2. time to understand For generally all superiors of quhom lands ar halden in chief first hes bin proprietars of the samin lands quhilk lands being annalied and sauld be them heritably to be halden of themselves and their aires ceasis to be propertie to them and becomes tennendrie immediatly halding of them and their aires And gif it happens the vassall or possessour to quhom the landes are sauld to commit ane fault or crime quhairby he tynis and fore-faultis the landes the superiour hes entresse and regresse to the propertie of the landes and may recognosce the samin and as it were the second time vindicate to himselfe the propertie thereof Swa the samin landes quhilk were first propertie to him and thereafter tennendrie be reason of the alienation nowe becomes againe propertie and returnis to their first nature and condition Iure acerescendi seu potius consolidatione proprietatis cum superioritate ob culpam vassali Recognition properly in the practicque of this realme is quhen ony vassall or free tennent haldand his lanies be service of warde and relieve sellis and annalies all and haill his landes with their pertinents or the maist pairt thereof without licnce consent or confirmation of his over-lorde In the quhilk caise all and haill his landes alsweill nocht annalied as annalied and halden as said is may be recognosced and resaised in the superioures hand●s and baith the propertie and possession theirof perteinis to to him to be bruiked or disponed be him at his pleasure quhairof divers and sindrie practicques are extant in the Register in the daies o King Iames the Fourt of gud memorie The superiour understanding the landes to be wrangouslie annalied as said is incontinent theirafter may use the recognition theirof without proces or ordour of law may take saising of the samin conforme to the auld practik of this realme Because the samin alienation is done to his dishonour and contempt be his vassal quha suld do reverence and service to him therefore without his consent suld nocht do onie thing to dissolve the league and band The causes of recognition quhilk is betuixt them Mairover the vassall may nocht make the said alienation because theirby he may becum puir annd unable to do to his superiour sik service as he suld do of the law Cuiac lib. 1. De feud And nocht withstanding that the saising is taken be the superiour ȝit the vassall or possessour tinis nor forfaultis na waies the propertie of the saides landes untill ȝeire and daie be out-run Swa that he doe diligence within fourtie daies after the said recognition and taking of the saising to crave and aske fra his superiour the saides landes to him to borgh that is to repledge them findand pledge and caution that he sall be reddie to do to his superiour anent the saides landes all that equitie and lawe requiris Stat. Rob. 3. c. 2. This kinde of recognition is conforme to the laws of the fewes Libellarius contractus quia feudum amittitur si fidelis libellario nomine amplius medietate in feudum dederit aut pro pignore plus medietate obligaverit § 1. quib mod feudum amittatur § 1. de alienatione feudi Et in jure Canonico c. 2. ibi gl extr de feud Porro libellarius contractus dicitur venditio quae fit scriptura interveniente certo pretio certa pensione constituta in annos singulos ut post Feudistas scribit Cuiac in d § 1. Recognition of landes is sum times generallie taken monie waies Stat. Rob. 3. c. nota quod iste 21. Sindrie formes of recognition First gif the vassall deceasis the superiour may recognosce and reteine all the landes halden of him untill they be recovered fra him be the entresse of the righteous aire and that be reason of none-entres 2 After that the aire hes recovered the landes furth of the handes of his superiour Nevertheles the superiour may recognosce and reteine the samin until securitie be maid to him for payment of the relieve 3 Gif the vassall is fugitive for slauchter and nocht law bidand the superiour may recognosce the land halden of himselfe sa lang as the felon or manslayer happenis to live Conforme to the quhilk be the actes of Parliament the liferent of the vassal being ȝeir daie at the horn perteins to the immediat superiour except he be rebell for treason in the quhilk case his life-rent all his lands gudes and geare moveable immoveable perteinis to the King allanerlie Quia poena debet eidem applicari adversus quem committitur culpa 4. Gif the vassall annalies his landes or the maist pairt thereof without licence consente or confirmation of his Over-lord The Overlord may recognosce the same as said is Bot in this case he is oblished to let the landes to borgh to his vassall askand and cravand the samin within the lauchfull space of fourtie daies after the recognition and saising taken untill it be tryed be the judge Ordinar quhidder the cause of recognition be lauchfull or nocht quhilk being founde lauchfull the judge suld counsell the King and decern ony uther superiour to hald his handes fra the landes and let them to borgh to his vassall And gif the cause be found just and reasonable The judge suld decerne the propertie and possession of all and haill the landes to perteine and remain with the superiour 5. Quhen twa or mair parties contendis be way of deede and armes for the possession of landes the superiour thereof may recognosce and sequestrat the samin untill it be tryed quhilk of them is lauchfull possessour

samin except the King give them remission and speciall grace there-anent As for example landed men lauchfullie and ordourlie convict of common thieft recept of thieft stouth or riefe incurris the paine of treason and therefore suld be punished be tinsell of life and confiscation of landes and gudes Ia. 6. p. 11. c. 50. Alwaies the Crowner may not intromet with ony gudes or geare perteining to ony trespassour convict and condemned to the death as his awin hand untill the Scheriffe or his deputes passe or send with him and visie all the haill gudes and deliver to the Crowner sa-meikle as he sulde have be reason and as perteinis to his office and bring the remanent to our Soveraine Lord and his Thesaurar I. 3 par 14. c. 102. The ende of the aire The justice aire beand ended the justice sall deliver the extract thereof subscrived be him to the Thesaurar quha sall cause take up the soumes conteined thereintill and make compt thereof in the nixt Checker in the quhilk compt salbe allowed the expenses and charges of the justice his deputes and Clerkes as the samin salbe modified be the Lordes Auditoures of the Checker Ia. 6. p. 11. c. 81. L LAST Of gudes how meikle it conteinis vid. Serplaith LET Lands to borgh dimittere terras ad pleg vid. plegius vide Recog LEX Apparens lib. 4. cap. 4. de iudic c. 24. Leg. Forest cap. Item in placito 16. signifies the law concerning singular battell And lib. 4. cap. 1. it signifies ane inquisition maid or taken be ane inquest or assise And in the Law of Normandie li. 9. c. 10. It is called Loy apparisant And lib. 8. c. 3. All quarrelles of possessiones or moveables quhilkis are called Chattell or of landes and immoveable gudes suld be decided be commoun and simple quarrelles conforme to ordour of lawe or be lawes Apparisantes Loy apparisant quhilkis ar determinat ather be singular battell or be ane inquest of of the cuntrie utherwaies called Loy recognoissant It is likewaies called Lex paribilis Lex paribilis a parium pugna vel concertatione from the combat of peeres and Campionis or lex duellonum quhilk law is ungodlie and not to be used among Christianes Cuia lib. 1. de feud LIBERATIO ane see given to ane servand or officiar quhilk is called ane liverie Leg. Malcoln Mackenneth c. 4. Feodum or fee is commonlie of silver and money and ane liverie is of meate or cleithes Bot this distinction or difference is nocht perpetuall LIBERUM Tenementum is commonlie and properlie called franck tenement or life-rent In Latine vsus fructus conform to the dailie practicque of this Realme And neverthelesse Liberum tenementum signifies the propertie fee or heritage Donatio liberi tenementi concessio haereditatis is baith ane Lib. 2. c. potest 21. Tenementum Regium is called the Kingis heretage Lib. 2. c. Dicitur 74. In the quhilk signification Minor dicitur esse in tenemento lib. 3. c. Generalia 24. c. Remanere 26. Et placitum de recto liberis tenementis per breve domini Regis de recto debet terminari Lib. 1 c. 6. And King Alexander gave and disponed to Duncan Forbeys tenementum de Forbeys That is the landes and heretage of Forbeys quhilk Charter is ȝit extant vid. Tenementum LIGEANTIA Lib 2. c. Fieri 61. From the Italian word Liga ane league Alodium band or obligation as homo ligius ane man quha is oblished and bound fra the quhilk cummis Alodium in libris feudorum quasi possessio sine Leode Cuius possessor nemini est leodes sive ligius And ligeantia is the mutuall band or obligation betuixt the maister and the servand Lib. 2. c. plurib 14. lib 4. c. Si quis super 36. Vid. Affidatio Item the mutuall band and obligation betwixt the King and his subjectes quhairby wee ar called his lieges because we are bound and oblished to obey and serve him And he is called our liege King because he suld maintaine and defend us And the doctors of the law writis Quod imperator dicitur dominꝰ totiꝰ mundi eodem modo quo rex regni l. bene a Zenone C. de quadr praescript Quhilk suld be understand concerning the defence and maintenance and not anent the propertie Homagium ligium Quia reges non sunt domini privatarū possessionum Glos in L. Barbarius de Offic. praetor Homagium ligium vel cum ligeantia factum Is quhen the vassall absolutlie makis homage to his superiour against all and quhat-sum-ever persones without exception of onie man quhilk suld be done to na uther Non ligium bot to the King allanerlie Homagium non ligium vel sine ligeantia is that quhilk the vassall makis to his Over-Lord excepting and reserving the fidelitie quhilk he aucht to the King or his elder Over-lord or maister Lib. 2. c. fieri 61. Chessanaeus in Consuetud Burgund Rubric 3. § 3. Verb. homage Nu. 10. cum seqq Quhilk vassall is called vassallus non homologus Likeas the uther is vassallus homologus in quhais aith na person is excepted Cuia lib. 2. de feud M MACHAMIUM Mechamium from the auld French worde Mehaigne quhilk we call Manȝie hurt mutilation demembration or the losse or tinsell of ony member of ane mannis bodie Or the breaking of ane bane or quhen ane mannis harn-pan or ony part thereof is cutted away or dung in Li. 4. c. 4. Res cum mahamio dicitur res minus sana Lib. 3. c. ex causa 8. Be the auld Law of this realme he quha is mainȝied hes ane just cause to excuse himselfe fra singular battell and ȝit he will bee compelled to purge clenge and defend himselfe Per ignem aquam li. 4. c. 4. cap. Si quis pro latrocinio 15. Quoniam attach c. Si quis 58. Lib. 4. c. assisa 20. Stat. Alex. c. quicunque 31. Quhairof the power perteinis not to ony Barronne For na subject may compell ane uther to purge himselfe be fire or water Stat. Alex. c. praeterea 32. This kinde of purgation was ane maist scharp and extream kind of purgation and tryall Like as we dailie use in commoun proverb quhen we say be way of menacing boasting that we sall gar ony person pas per ignem aquam That is to suffer and underly that kinde of tryall that is maist severe and extreame It is called judicium Dei the judgement of God as knawin to him allanerly Iter. Camer c. cum hoc 25. And was in great use amangst the Longobardes Judicium Dei as is exponed be Hotomannus de feud c. 44. In the auld Saxon toung and ȝit in dutch it is called Ordeil ordalium from or quhilk they use as privativa particula and Del quhilk signifies ane part or portion Ordalium quhilk word we use in the same signification and

assigne to them ane certaine day to underlie the law either in that aire or thereafter quhen he sall think speedfull And at the samin time it is leasum to the Kings justice sittand in the principall burgh of the royaltie to give ane assise to all the saidis burgesses repledged of their awin nichtboures that best knawis the veritie dwelland in the same burgh with them And gif there be nocht ane sufficient number of the said con-burgesses It salbe leiffull to choose ane assise of the burgesses of the said head burgh quhair the justice and his deputes sittis as he sall think expedient Ia. 4. p. 1. c. 1. 14. Gif the partie accused compeirand alleagis to his remission or respet he sall produce the samin in court Remissiones or respettes and sall finde sicker borrowes to assith and content the partie compleinand within fourtie daies following Quhair-upon ane act is maid in court quhairby he and his cautioner ar oblished to assith and satisfie the partie within the space foresaid Quhilk is called the acte of Adjournall Act of adjournall And gif he refusis to finde caution he sall remain in the Kingis prison quhill the said fourtie daies be runne and then his remission salbe expired and of na value Ia. 2. pa. 14. c. 75. And in this case quhen ony man takis him to his remission respet or composition in the justice aire or justice court and findis sovertie to assith the partie It is leasum to the partie to call the said sovertie before the Lordes of Councell conforme to the act of Adjournall maid thereanent Ia. 5. p. 3. c. 7. As gif ony man becummis sovertie for ane uther anent spuilȝie committed be him and for restitution or satisfaction to be maid be him therefore He as sovertie may be called and conveened for the gudes spuilȝied For the violent prices thereof for the damnage skaith and interest susteined be the persewer throw the committing of the said spuilȝie 10. Martij 1500. William Keith contrair the Earle of Caithnesse And the said sovertie being condemned hes gud action against the principall partie for his reliefe be ane simple charge upon sex daies warning without peremptour summoundes or ordour of table 11. Julij 1543. 15. Gif the person attached compeiris in the Courte and beand accused hes na relevant exception or reasonable defense of necessitie he suld passe to the knawledge of ane assise conforme to the Lawes of the Realme At the quhilk time the haill assisours suld be called and the absentis amerciat Ia. 6. p. 11. c. 76. And the partie accused suld be heard to propone all and sindrie his lauchfull defenses against the haill assisoures or ony of them to repell them as he may best of the law and stay them to passe upon his assise At this time the person compeirand and accused cummis in the will of the justice or he is clenged be ane assise Persones cummand in will or he is filed and convict Gif he submittis himselfe and cummis in will It is leasum to the justice to draw him furth of the rolles and to declare his will and to charge him to pay ane composition or sik ane summe of silver as he pleasis to modifie after the qualitie of the crime and person for up-taking and in-bringing quhairof the justice aire being ended the justice directis his precept called Praeceptum extractus itineris justitiariae in this forme The precept of extractes Wilhelmus justitiarius generalis Vicecomiti Ballivis suis de E. salutem Quia in itinere justitiariae Domini nostri regis per nos ultimò tent apud F. decimo die mensis N. Anno Domini c. Diversi fuerunt amerciati pro suis delictis convicti in nostra voluntate positi Quare vobis praecipimus mandamus quatenus de infra scriptis personis subscriptas summas levari faciatis pro eisdem secundum formam juris distringatis Et primò de N. summam c. De quibusquidem summis solvatis pro expensis nostris in dicto itinere summam N. Residuum verò dictarum summarum solvatis cofferariis Domini Nostri Regis Vel cui vobis assignabitur infra tempus legitimum hoc est infra quadraginta dies primum diem dicti itineris proximè immediatè sequen Et hoc nullo modo omittatis Quhen ony person is clenged be ane assise Persones charged the justice directis his Testimoniall called Litera testimonialis de homine mundato per assisam in manner following Wilhelmus justitiarius generalis universis singulis ad quorum notitias praesentes literae pervenerint salut Noveritis quod comparens coram nobis itinere justitiariae Domini nostri Regis tent apud F. decimo die mensis N. anno Domini c. I. de B. indictatus per rotules Regios calumniatus de arte parte talis furti vel talis rapinae vel incendij c. Quamquidem calumniam dictus I. in facie judicij penitus denegavit Et super hoc ad recognitionem assisae utique se submisit Quaequidem assisa hinc inde diligenter consultae Et pleniùs avisata dictum I. à dictis calumniis sibi impositis quittum declaravit penitus immunem Et hoc omnibus quorum interest vel interesse poterit notum facimus per praesentes In cuius rei testimonium sigillum officij nostri appendi curavimus All thay persons quha cummis in will and drawen furth of the rolles and also they quha ar clenged be ane assise can na waies in ony time thereafter be called or accused for that crime for the quhilk they cum in will for anis quit and clenged ay quit and clenged Ȝit nevertheles gif ony person be accused criminallie of life lim at the instance of ane uther private man allanerlie and is clenged and maid quite the Kingis justice his deputes be reason of their office may thereafter tak inquisition anent the said crime in the Kingis name accuse the committer thereof conforme to the Law Notwithstanding that of before he was clenged thereof be ane assise Lib. 4. c. Si querela 58. Because the action or persute of ane privy partie prejudgis not the King in his richt or rentes competent to him be reason of his royal power And therefor the Thesaurar and the Kings Advocate may persew all malefactoures Albeit the parties desist or privatlie agree amangst themselves Ia. 6 par 11 ca. 76. Persones filed and convict Quhen trespassours and malefactoures ar convict as breakers of the statuts and acts conteinand dittay they aucht and suld be punished according to justice and conforme to the tenour and paines conteined in the acts broken and contraveened be them Ia. 4. p. 4. c. 45. And sa gif the paine conteined in the act be pecunial they suld pay the samin And gif it be capital they suld underly and suffer the