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	law_n	parliament_n	2,185	5	6.6353	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B01409	Answers for Æneas Mcleod town clerk of Edinburgh, to the petition presented by some particular persons, in name of the Council and Community of the said burgh, to his Grace His Majesties High Commissioner and the right honourable the Estates of Parliament.	Mcleod, Æneas, fl. 1695.	1695 (1695)	Wing A3462B; ESTC R172384	2,027	2

ANSWERS For Aeneas Mcleod Town Clerk of Edinburgh to the Petition presented by some particular persons in name of the Council and Community of the said Burgh to his Grace His Majesties High Commissioner and the right honourable the Estates of Parliament THe said Aeneas having Legally Acquired a Gift for Life of his Office from the Magistrats and Town Council of Edinburgh to whom that Power does unquestionably belong upon payment of 19000 Merks And having been in Possession by vertue of his Right for more than seven years whereby he hath the benefit of a Possessory Judgment And having ever since his Admission been most faithful to his Trust and more exact than his Predecessors in Office and keeped the Registers as well in order as any other in the Kingdom It is confidently relyed on that his Grace and the honourable Estates will not sustain Process against him before the Parliament Because 1. That he is not obliged to answer upon a summar Complaint in a matter of so great Consequence being in effect the annulling of his Right for Life which according to the Acts of Regulation 1672 can onely be by a Reduction wherein Terms will be granted to produce and the Reasons debate in praesentia of the Lords of Session Especially seing he hath a Possessory Judgment which gives him this Priviledge of time to prepare himself for defending his Gift as aforesaid 2. The Complaint being presented by the Town Council of Edinburgh there ought no Process to be sustained thereupon unless there had been an antecedent Act of the said Town Council and Community warranting the same By the want of which it appears that this Pursuit is onely raised by particular persons upon privat designs to surprise the said Aeneas and overturn his Right when the Parliament cannot allow a full Hearing being otherways taken up with the great Concerns of the Nation Especially 3. The Ground of the Complaint being several matters of Fact Inspection of Registers and Examination of the Warrants thereof which can onely be cleared by Cognition of the Forms and Practicks relative to the said Office It cannot be supposed that the High Court of Parliament can spare so much time as is necessary for so tedious a Cognition as will be requisite before this Affair can be Determined Hence 4 The wisdom of the Nation hath determined by repeated Acts of Parliament that all Civil Actions shall be first brought before and decided by the Judge Ordinary particularly Act 45. Parl. 2d Ja. 1. In these words anent Bills of Complaint whilks may not be determined in Parliament for divers Causes belonging to the common profit of the Realm it is Ordained that the saids Bills be execute and determined by the Judges and Officers of the Courts whom to they pertain of Law c. Where the Parliament Declares that the common profit of the Realm will not permit their medling in Civil Actions in the first Instance As also by Act. 26. Parl. 5. Ja. 3. It is Statute that the Partie Complaining in any part of the Realm shall first come to his Judge Ordinary c. As it cannot be denyed but this is a Civil Cause and either can be Remeided by Law in which case the ordinary Judicatories are Patent or the Clerks Right can not be overturned by the Laws and Customs of this Kingdom as being his Legal Propertie and Free-hold in which case it is certain the Parliament will not deprive him thereof in their JVDICATIVE Capacity 5. The Remead by Parliament is extraordinary when the Supream ordinary Judge hath committed Iniquity so that there remains no other means of Redress sed non recurrendum est ad Remedium extraordinarium quamdiu locus est ordinario Especially seing the Kings Leidges can run no Hazard of being Prejudged since there is always recourse to the Parliament by Protestation for Remead of Law which is now cleared whereas the bringing in Actions in the first instance to that High Court would obstruct publick business and be a greater expence upon the Nation then the value of any such Actions 6. The Clerk will not trouble his Grace and the right Honourable the Estates with an particular answer to the pretended Malversations lybelled since as he is confident the Parliament will remit the same to the Judge ordinary so he will make it appear before the said Judge that he hath behaved in all points of the said Office as a most faithful Exact and dutyful Clerk and that even in all the particulars Lybelled on Lastly The Town has no reason to complain anent the Act of Council 1678. Seing it is in their power to Rescind the same in all time coming without prejudice to the said Aeneas to whom it is already jus quesitum and cannot be changed to his Prejudice without a manifest Violation of privat Rights and the known and established Rules of Law whereby all Rights are Regulat by the Laws standing the time of the acquiring the Right and no Laws are drawn back to Regulate the past and as this is a known Rule in the Law universallie received so it is more especially our Laws as appears by the Act 19. Par. 10 Ja. 6. And seing the said Aeneas did upon the faith of that Act and Gift founded upon it purchase his Imployment at a dear Rate as also that the Act in it self contains nothing but what is Just and was enacted upon occasions equally hurtful to the Town and their Clerks as is well known to such as know any thing of the Affairs of the Town of Edinburgh and that the Gift contains nothing singular but what can be Justified by abundance of instances when the matter comes to be Discussed before the Judge Ordinary Therefore the desire of the Petitioner ought to be refused and the whole matter remitted to the Judge Ordinary as accords especially seing the said Aeneas has raised a Summons of Declarator anterior to the said Complaint