Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	law_n	parliament_n	session_n	2,595	5	10.2891	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89223	To his grace, his Majesties high commissioner, and the most honourable the three estates of Parliament information for Alexander Monro of Bearcrofts	Monro, Alexander, of Bearcrofts.	1680 (1680)	Wing M2435A; ESTC R231117	4,986	7

more readily and easily served and Men of experience bred to and kept in the Office But it is certain in Law That private Rights cannot be prejudged even upon consideration of publict Good otherwayes then by King and Parliament and upon bearing the Parties and Refounding all Dammages 2do If there had been such an ancient Constitution the same had been quite taken away by the foresaid Gift to the Clerk Register in Anno 1660 Ratified in Parliament And by his Nomination of six Clerks at that time viz. two for every Chamber who were all Approven Admitted and Authorized in Parliament 3tio As he had Jus quaesitam equally in every respect with his Colleague Mr. John Hay the Lords had not the least shadow of Reason to exclude him and continue his Colleague And far less to Constraine him to Accept of a Price of their Modifying and so much below the value of his Interest But the utmost they could do was to have represented to His Majesty That their just Rights could not be taken from them nor could they in Reason distinguish them But that after the Decease of either of them they would be careful that His Majesties Letter should be observed 4to As no posterior Gift in Favours of any other Person could prejudge him but would be interpret as impetrate per subreptionem and would be salvo jure So the common Law and Laws of this Kingdom does no otherwayes interpret Letters and private Warrands in so far as the same is prejudicial to the Right of private Parties 5to By Express and Positive Acts of Parliament As Act 92. P. 6. Ja. 6. It is clearly and dictinctly provided That the Lords of Session should Administrate Justice without regard to any Letters or Warrands which may be Impetrate And which is consonant to the common Law and Laws and Customs of all Nations as appears in those Titles Cod de precibus impiratori offerendis and the following titles to the same purpose viz. 20 21 22 lib 1 mo Where that famous Law Lex septima is insert Rescripta contra jus elicita ab omnibus judioibus refutari praecipimus nisi forte sit aliquid quod non laedat alium prosit petenti So far did Legislators themselves thus to secure the Subjects against the hazard of Letters and private Warrands 6to There was a clear Contrivance in the Matter For at that time a Warrand was procured from the King to the Lords to name their own Clerks whereby the Registers Office Established by Parl. and immemorial Custom was also broken by a Letter But when some had obtained their designes the Clerk Register was restored and the six Clerks brought back and the pretended ancient Custom no more regarded As to the pretence that the said Alexr made a Bargain or Homologate the sentence in accepting the said 7000 M that is sufficiently Answered before by the Narration of the true matters of Fact in his stedfast resisting of the Violence done against him as far as was possible And his constant adhering to his Right even when he received the Money And his reclaiming against the Violence ever since And his going to London in the Year 1679. purposely to complain thereof to the King who promised him Redress 2do His receiving of the said 7000 M. can no more be called a Bargain or Transaction or a Homologation then if Robbers had taken from him one hundreth Pounds and had offered him back ten upon his Discharge of the whole in which case no Man can Imagine that by accepting the ten Pounds upon these Terms he either prejudged himself or excused the Robbers from Restitution or Hanging for their Villany 3tio He is in better Circumstances then the Foresaulted Persons who Transacted with the Donators for their Forefaultures And were some way consenting in making the Price whereas he did no way consent to the Modifi●ation of the said 7000 M. And as in all Law and Equity the Summes payed by them must be Refounded as being Extorted by the unjust Forfaultures which compelled them to give the same rather then ly out of their whole Estates so much more might he accept of the said 7000 M. modified by an unjust Sentence to be imputed as part of the Profits of his Office without prejudice to the rest or to the Office it self 4to In the Action of Concussion at the Instance of the Lady Gray against the Earl of Lauderdale to whom she disponed an Interest she had in the Earle of Dundee's Estate far within the Value He being then the Great and Terrible Minister in this Nation she was lately reponed by the Lords upon clear and just Grounds of Law though the Force against her was nothing comparable to that against the said Alexr-Monro Which was carryed on against him by the said Earle of Lauderdale and in Conjunction with other mighty Men and commanded by the Kings Letter and readily obeyed by the Lords of Session So as by Ours and the common Law Concussion was never more clear in any Case Yet all the said Alexr craves is to be reponed to his own Office and just Right with the Profits thereof in time past and to come Allowing the said 7000 M. in the first of them And which is most justly provided for by the Claime of Right in these words That all Forefaulters Fines Loss of Offices Imprisonments Banishments Persutes Persecutions Tortures and Rigorous Executions be considered and the Parties Lesed be Redressed And though now he craves only to be restored to his Office and the Profites thereof he is able to Instruct Losses more considerable besides which he suffered by continual Persecutions long Imprisonments and other Miseries And that only for his firm Affection to his King and Country When the Royal Family was Opprest he served Them constantly and sincerely with the hazard of all that was Dear to him without the expectation of any Reward but the Satisfaction he had to do his Dutie And when the Kings wicked Ministers Opprest the Nation to the Ruine of King and Country Neither desire of base Advantages nor fear of any Loss could ever move him to comply with them but wherever he was concerned in any publick Station he did freely witness his dislike of Their Proceedings and therefore he was turned out of his Office and ever since Persecuted and Opprest He forbears to speak of any little Service he hath done lately though not with little hazard being aboundantly satisfyed that he had the Honour to contribute his Mite to this happy Change And now seeing GOD hath Miraculously blest us with a Time of Restitution against all the Violent and Arbitrary Proceedings of the late Lawless Times it cannot be Imagined that those in whose Hands God hath placed the Occasion to perfect his Gracious Purposes will endure That any suffering Persons shal ly buried still under the Rubbish of the late cruel and unjust practises upon such a frivolous pretence That one accepted a part of his own after all was taken from him Especially seeing such a pretence could not defend before any unbyassed ordinary Judge ty'd to the Rules of Law and much less before a Just Parliament to whom it belongs to Judge according to Equity and Conscience especially in Reference to the Proceedings of Wicked Men in the Government All the matters of Fact above Narrated are unquestionably true ●nd the Reasons in Law well Founded And all that 's Craved is That Each of the Members of the most Honourable Court of Parliament may please to consider the Case And do in it as he would be done to