Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	act_n	king_n	parliament_n	3,554	5	6.8839	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38878	An Exact and faithful relation of the process pursued by Dame Margaret Areskine, Lady Castlehaven, relict of the decesed Sir James Foulis of Collingtoun, against Sir James Foulis now of Collingtoun, before the Lords of Council and Session with certain remarks upon the import and extent of protestations for remeed of law in general, and in particular upon the protestation or appeal offered by the Lady.		1690 (1690)	Wing E3598; ESTC R25698	45,312	65

the plain Import of an Appeal is to suspend all effect of the Decision or Interloquitor of that Judge from whom the party Appeals yet the Lady thought fit to present a Paper Appealing from the Lords And in her Petition she doth not design the Paper presented by her a Protestation but an Appeal which is repeated in three several places of that Petition Notwithstanding Appeals be expresly prohibited and the Lords of Session Impowered To decide utterly in civil Causes pursued before them without remeed of Appellation to King and Parliament by the 62 Act. 14 Parl. King Jam. 2. And the 39 Act. 5. Parl. Ja 5. And which Acts were not Intended to be Abrogate or Rescinded by any Article in the Claim of Right 2 It cannot be imagined that the Meeting of Estates did intend that a party might freely protest for remeed of Law in every ca●se without any hazard or inconvenience In case that Prote●tation were found not to proceed on just g ounds for the said Article be ng no constitution of any new Right not formerly competent to the Subjects But an assertion and decalaration be measured by our ancient Laws which did allow murmurings and complaints upon just grounds in the same cases Protestations are allowed by that Article as if the Lords should refuse to Minister Justice or if they should not only be Judges but Solisters partial Counsellers Assisters and Partakers with some of the parties and to take Geir and Profite in these cases as Murmurs and Complaints were Lawful be the 26 act 5 par Ja. 3. and 104 Act. Par. 7. Ja. 5. So are Protestations for remeed of Law Or if the Session being a limited Judicatory should proceed to decide in matters not falling under their Jurisdiction As in matters of State and Government or Crimes or sustaine themselves Judges in the first instance in adjudications of Prizes or Divorces As likewayes if the Lords should upon full debate decide and thereafter upon the same grounds formerly represented super iisdem deductis should retract that and make a direct contrary Decision whereby parties would alwayes be uncertaine of their Rights For if they might once retract their Decision on the same grounds they might doe it againe and againe for ever and the great Inconveniency of this was discovered by our Predecessors many ages agoe for eviting whereof by the foresaid 62 Act 14. Par. Ja. 2. All Causes were appointed to be utterly decided by the Lords of Session but any remeed by appellation to King or Parliament because if appeals were once allowed it were impossible to bound the Parliament or terminate any Decision for the Parliament hath alwayes power to rescind any Law that could limite them and make contrary Decisions on the same grounds as oft as they pleased without any Imaginable remeed In all these cases abovementioned Complaints and Protestations are lawful but still with the Caution and Limitation mentioned in out ancient Laws and Acts of Parliament viz That if Murmurs Complaints or Protestations be interposed without Just and Legal Grounds authorized by the Law the Presenters thereof are severely punishable which is most necessary for preserving the Honour and Respect of the Supreme ordinary Iudicature which bears 〈…〉 As this is plain reason upon the one hand so let the Consequence be considered on the other For if such Protestations were allowed to be offered at the pleasure of any Party they would necessarily come to proceed of course and none who have ●he Disadvantage by the Decision will fail to offer a Protestation which doth not cost one Farthing of Charge and whereby there may remain an hope and expectation that one day they may have that Sentence reversed for few men can be so just and equal in their own Concerns as to be easily convinced of the Justice of a Decision which cuts off their Claim or makes them lyable to great Burdens or Debts And that after great loss of Labour Time and Money and of those that can be convinced there are many who will not have the Ingenuity to forbear interposing any Protestation that may support the Interest of their Cause right or wrong 3 Suppose then this Inevitable Consequence that every decreet did containe in the Bosom of it a protestation for rescinding thereof by the King in Parliament with what assurance or quiet could any man enjoy his fortune which at any time had been called in question or might become debatable in any time by past or to come How should any man know to regulate himself in the expence of his Living the education or provision of his Children or in the Management of any of his Affairs For suppose the usual wayes of Inhibition Arreistment or other Diligence upon the grounds of any process had been used and that the Judge ordinary had annulled all upon payment or other ground of Law yet the interposing Protestation would so fetter that party who was once under diligence that to the end of the World he could not dispose upon any part of his Estate heretable or moveable that was at any time under Diligence because if that Sentence of the Lords by which the diligence was found extinct should come to be reduced the diligence would revive And all Acquirers for whatever cause become lyable to restitution and tho' it came never to be reversed yet the possibility thereof would so burdened nor dispose of any part of his Estate for payment of his other Debts 4. It is the aim and Intention of the Law of all Nations Vt aliquis tandem sit finis litium And therefore every Nation hath their several forms of Process to which every party must comply And very often it falls out in every Nation that those who have really and truly material Justice on their part do justly succumb in their Cause for neglect of these Forms for whom the Law provides no remedy but only gives them warning of their danger and tells them Vigilantibus non dormientibus jura subveniunt Other Cases again are so dubious that upon full debate the Judges and Learned Lawyers of every Nation are divided in their Opinions so that the Decisions of most Important Causes are often carried but by one or two Votes tho' it was far otherwayes in this Case Yet it is generally thought every where more secure to rest in the Decision of the most doubtful Case than to leave parties unsettled in their Rights and possessions And oft-times it happens that through the disadvantage of Indistinct and unclear representation of Cases the same Judge may determine otherwayes then he would have done if the Case had been fully and clearly represented And frequently points are mentioned in Debates so overly that they are neither noticed nor regarded by the opposite Advocats nor the Lords at deciding and yet being once mentioned they would be competent in a Review where being Illustrate they might appear more important than all that was debated or under consideration at the time of the Decision