Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	according_a	justice_n	law_n	1,616	5	4.3920	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A32776	A second edition of Camden's description of Scotland containing a supplement of these peers, or Lords of Parliament, who were mentioned in the first edition, and an account of these since raised to, and further advanced in the degrees of peerage, until the year 1694.; Britannia. English. Selections	Camden, William, 1551-1623.; Dalrymple, James, Sir, fl. 1714.	1695 (1695)	Wing C376; ESTC R4896	99,150	213

Temporal is laid aside and the Lords are all of the Temporality and three principal Scribes or Clerks But by the 38 Act. 1st Sess Parl. K. Ja. 7. there is allowed two persons to be conjoyned in each of the three Offices of ordinary Clerks of Session and so now six Clerks and as many Advocats as the Senators shall think good These sit and minister Justice not according to the rigour of Law but with Reason and Equity every day save only on the Lords day and Monday from the first of November to the fifteenth of March and from Trinity Sunday unto the Calends of August But by Law and Custome the Session fitteth from the First of November to the last of February and from the First of June to the last of July inclusive In regard the Office of the Lords of Session are for Lifetime they are set down as follows JAMES Viscount of STAIR Lord President of the Session Sir John Baird of Newbyth Mr. Alexander Swinton of Mersingtoun Sir Colin Camphel of Aberuchil James Murray of Philiphaugh Robert Dundass of Arnistoun Mr. John Hamilton of Haleraig Mr. David Hume of Crossrig Sir John Lawder of Haltoun Sir John Lawder of Fountainhal William Enstruther of that llk Mr. Archibald Hope of Rankeilor Mr. James Falconer of Phesdo Robert Hamilton of Presmenuan Sir William Hamilton of Whitelaw Extraordinary LORDS William Duke of Queensberry William Earl of Annandale Patrick Lord Polwarth The fourth is vacant by the Death of William Duke of Hamilton The President of the Session by an Act of Parliament 1661. is declared to have Precedency of the Lord Register and Advocat and they to have Precedency of the Lord Thesaurer-Deput * Sir George Mckenzie in his Precedency doth relate That there was an Ordinance upon the 20. Feb. 1623 amongst his Majesties Officers and Counsellors where the lesser Officers of State are ranked and after them the Lords of Session according to their Admission and before Privy Counsellors being Barons Gentlemen Suitable to this precedency the Lords of Session have since their Institution enjoyed the Title of Lord both in Designation and Compellation albeit the Designation be proper to the Lords of Parliament The Lords of Session in the beginning being composed of Bishops and Abbots and dignified beneficed Persons Chief Barons and eminent Lawers This Designation is frequently given to them in the Acts of Parliament and particularly to President Provan in an unprinted Act anno 1581. intituled Act in favours of Mr. William Baillie Lord Provan frequently thereafter All the space between Sessions being the times of Sowing and Harvest is Vacation and Intermission of all Suites and Law matters They give Judgment according to the Parliament Statutes and Municipal Laws and where they are defective they have recourse to the Imperial Civil Law There are besides in every County or Shire in ferior civil Judicatories or Courts kept wherein the Sheriff of the Shire or his Depute decideth the Controversies of the Inhabitants about violent Ejections Instrusions Damages Debts c. From which Courts or Judges in regard of hard and unequal dealing or else of Alliance and Partiality they appeal sometime to the Session These Sheriffs are all for the most part Hereditary for the Kings of Scotland like as these of England also to oblige more surely unto them the better sort of Gentlemen by their Benefits and Favours made in old time these Sheriffs hereditary and and perpetual But the English Kings soon perceiving the inconveniencies thereby ensuing of purpose changed this Order appointed them from year to year There be Civil Courts also in every Regalitie holden by their Baillies to whom the Kings have graciously granted Royalities as also in Free-Burghs by the Magistrates thereof There are likewise Judicatories which they call Commissariats the highest whereof is k●pt at Edinburgh In which before four Judges or Commissars Actions are pleaded concerning Wills Testaments the Right of Ecclesiastical Benefices Tithes Divorces and such other Ecclesiastical Causes In every other several part almost throughout the Kingdom there sitteth but one Judge alone in a place about these matters In criminal Causes the Kings Chief Justice holdeth his Court for the most part at Edinburgh which Office the Earls of Argile executed for some time and he doth deput two or three Lawers who have the hearing and deciding of Capital Actions concerning Life and Death or of such as infer loss of Limbs or of all Goods And by the 16 Act 3d. Sess 2d Parl. K. Cha. 2d concerning the Justice Court it doth now consist of the Lord Justice-General the Lord Justice-Clerk who are both at the Kings Nomination and to them are added five of the Lords of Session who are supplied from time to time by the King and are called Lords of the Justiciary In this Court the Defendant is permitted yea in case of High-Treason to entertain a Counsellor or Advocat to plead his Cause Moreover in Criminal Matters there are sometimes by vertue of the Kings Commission and Authority Justices appointed for the deciding of this or that particular Cause Also the Sheriffs in their Territories and Magistrats in some Burghs may sit in Judgement of Man-slaughter in case the Man-slayer be taken within 24 hours after the Deed committed and being found guilty by a Jurie put him to death But if that time be once over-past the Cause is referred and put over to the Kings Justice or his Deputs The same priviledge also some of the Nobility and Gentry enjoy against Theives taken within their own Jurisdictions There be likewise that have such Royalities as that in Criminal Causes they may exercise a Jurisdiction within their own Limits and in some Cases recal those that dwell within their own Limits and Liberties from the Kings Justice howbeit with a Caution and Proviso interposed That they judge according to Law Thus much briefly the Author hath put down as one that had but slightly looked into these matters yet by the information of the judicious Knight Sir Alexander Hay Secretary to K. Ja. 6. for Scotland who had given the Author good light He being one of the three principal Clerks of Session was in the year 1608 appointed Secretary in place of the Lord Balmerinoch removed and admtted a Lord of Session the 3d of Feb. 1610. But as touching SCOTLAND what a Noble Countrey it is and what Men it breedeth as sometimes the Geographer wrote of Britain there will within a while more certain and more evident matter be delivered since that most high and mighty Prince K. Ja. 6. did set it open for us which had so long time been shut from us Mean time before we proceed to the Description of particular Places according to the Authors project we must give some short Account of the Privy Council Thesaury and Exchequer being Soveraign Courts and omitted by the Author The Privy Council is constitute by the King's Commission to decide in matters that concerns the Government and publick