Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	authority_n	king_n	kingdom_n	1,417	5	5.6187	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50574	The laws and customes of Scotland, in matters criminal wherein is to be seen how the civil law, and the laws and customs of other nations do agree with, and supply ours / by Sir George Mackenzie ...	Mackenzie, George, Sir, 1636-1691.	1678 (1678)	Wing M166; ESTC R16497	369,303	598

expresly Treason by the 6. Parl. K. Ia. 2. Cap. 14. whereby it is Statute that none rebel against the King's Person or Authority And the House being here Garrison'd to defend against the Sheriff who was comming to eject in his Majesties Name To resist him was to resist his Majesties Authority and being Garrison'd in furtherance of Rebels and rebellion it was Treason by the 25. Act 6. Parl. K. Ia. 2. Likeas the Convocation being of about 400. men or thereby under the command of Captains Ensigns and other Officers It was likewise Treason by the 75. Act 9. Parl. Q. M. and the 5. Act. 1. Parl. Ch. 2. The Justices did find the Garrisoning of the House not relevant to infer Treason but only to infer the punishment of deforcement whereupon the pursuers were forced to alledge of new that they insisted against him for having Garrison'd his House after the publication of the Letters of Fire and Sword raised at the Pursuers instance against Assint upon which debate they found that the Garrisoning and providing of the House after the publication of the Letters of Fire and Sword was relevant to infer the punishment of Treason Likeas they refused to sustain that Article wherein was Libel'd the raising of Men and the disposing them in Companies under Collours to be relevant except it were alledg'd that they were an hundred men or upwards and were under Collours or Muster'd or under weekly or daily pay And that all this was done after the publication of the Letters of Fire and Sword both which Interloquutors seem'd surprizing For as to the first it seem'd that the Garrisoning of any House against a Sheriff or any Judge is to Garrison it against the King ' Authority for a Sheriff doth represent the King in his Authority as much as any Souldier doth And it is undenyable that to Garrison Houses against the King's Souldiers is Treason Nor can it be denyed but that if this were allowed no sentence could receive execution in Scotland since every man might Garrison his House and every man might deny that he Garrison'd his House against the King And to put in a Garrison and authorize them to defend the House was so clearly a War-like action that there was no place left to debate upon intentions And though the defending Houses be ordinarily pursued as deforcement yet the formal Garrisoning of it imports much more And the commission of Fire and Sword did not add any thing to the Crime committed in Garrisoning the House For the design of such Letters is only to warrand and command the Liedges to prosecute them as Rebels So that before the raising of the Letters they were accounted open and notorious Rebels for Letters of Fire and Sword are only granted against such and therefore Assint in Garrisoning his House to defend such did expresly commit Treason against the 25. Act 6. Par. Ia. 2. The second part of the Interloquutor seem'd likewise very hard for raising men in fear of War and Listing them under Colours or swearing them to Colours is certainly exercitum comparare though there were no commission of Fire or Sword for the design of these Letters is not to make a Traitor but to prosecute actual Rebels And though this Army was not Levied to oppose immediatly the King's Government yet even to raise an Army within the Kingdom though no design could be proved was Treason for that was to usurp the King's power But much more was this Criminal when the Levy was made upon the wicked design of opposing the execution of the King's Laws to see which executed was the chief part of his Kingly Government And it is clear by the foresaid 17 Act 6. Parl. Ia. 2. that it is Treason to make War against the King's Liedges against his forbidding and if any do the King is to gang upon them with assistance of the hall Lands and to punish them after the quality of their trespass VIII The fifth point of Treason is to assail Castles or places where the King resides or is for the time ibid. But this must be only understood to be Treason if the assaulter know the King to be there or if he be not upon design to rescue him quo casu he must be warranted by the Estates as said is IX The sixth point of Treason is to raise a fray in the King's Host or Army wilfully Ia. 2. Parl. 12. Act 54. upon which Act the Mr. of Forbes was hanged for raising sedition in the King's Host at Iedburgh 14. Iuly 1537. X. The seventh point of Treason is to trouble any who kills a declared Traitor which Act extends only to the Kin Friends Fortifiers and Maintainers of these who are killed as Traitors because it is presumeable that when these who are so related trouble the killer it is presumeable the trouble arises upon that account 2. These relations are discharged to bear the killers any grudge or injure them by word or writ Nota It appears that the reason of this grudge needs not be proved but is presumed presumption juris de jure for here lex praesumit disponit super praesumpto XI The eighth point of Treason is to impugn the dignity and authority of the three Estates or to seek and procure the innovation and diminution of their power or authority Act 130 Parl. 8. Ia. 6. But this is to be understood of a direct impugning of their authority as if one contended that Parliaments were not necessary or that one of the three Estates may be turned out XII The ninth point of Treason is to decline the King's Authority or the Authority of his Council in any case whether Spiritual or Temporal And the King's Council are declared to be Judges competent to all causes whatsoever whether Spiritual or Temporal of what ever degree or function the defenders who are summoned shall be Act 129. Parl. 8. K. Ia. 6. which Act was made to repress the insolencies of the Ministry who about that time used constantly to decline the King's Authority in Ecclesiastick matters Conform to which Act Mr. Andrew Crightoun was sentenced to be hanged and demain'd as Traitor Septemb. 1610. And Mr. Iames Guthrie was execute in Anno 1662. for declining the King and his Councils jurisdiction at Striviling when he was challenged for some words spoken in the Pulpit From this Act it may be observed that the King is in his own Person Judge competent over all Causes and all Persons even though the pursuit be at his own instance which will appear both from the Rubrick and Statutory part of the Act albeit regulariter no man can be Judge in his own cause XIII The tenth point of Treason is to conceal and not reveal Treason But concealing in this case is not Treason except the concealer could have proved it for else he had by revealing and not proving made himself guilty of Treason This concealing of Treason is by the English Law called misprision of Treason and is punish'd only

alledgeances proponed be the Pannel 〈◊〉 and their Procurators and writes produced for instructing thereof that the said matter should not passe to the knowledge of an Assize and answers made thereto be Our Soveraign Lords Advocat and writes produced be him for veryfying thereof The Iustice fand the dittay relevant and did put the samen to the knowledge of an Assize of persons following they are to say 〈◊〉 whilks persons of Assize being chosen sworn and admitted and the said 〈◊〉 being accused of the dittay of the crimes above-writen which were verrified be their own depositions and confession in Iudgement they removed al●ogether furth of Court to the Assize house where they be plurality of vots elected and chosed the said C. reasoned and voted upon the points of the said dittay and being ripely and at length advised therewith togither with the depositions 〈◊〉 and other writes produced be His Majesties Advocat for the verification thereof entered again in Court where they all with one vot be the report of the said Chancellour fand pronunced and declared the said D. to be filed culpable and convict of the crimes respective above-writen contained in their said dittay for the whilks cause the Iustice be the mouth of 〈◊〉 dempster of Court decern'd ordain'd and adjudg'd the said 〈◊〉 to be taken to the Castle-hill of Edimburgh or Mercat Crosse and there to be hanged till he be dead and his hail moveable goods to be escheat to His Majesti's use or their heads to be stricken from their bodies and the said 〈◊〉 to be taken to the Mercat Crosse of Edimburgh and there his Tongue to be pierced with an hot botkin and thereafter banisht this Realm not to be found thereintil under the pain of death Or to be scourged and all their moveable-goods to be escheat which was pronunced for doom extracted Act of Conviction THe whilk day 〈◊〉 entered upon Pannel dilated accused and pursued be 〈◊〉 be vertue of Crimes purchast be him against them of Art and Part of demembring of 〈◊〉 of the midle finger of his left hand nearest his little finger committed the 〈◊〉 day of 〈◊〉 upon the Street of 〈◊〉 which was put to the knowledge of an Assize of the persons following they are to say 〈◊〉 whilks-persons of Assize being chosen sworn and admitted after accusation of the A. of the crimes foresaid removed altogither furth of Court to the Assize house where they be plurality of vots elected and choosed the said in Chancellour reasoned and votted upon the points of the said dittay above-specified and being advised re-entered again in Court where they all in voice be the mouth of the said Chancellour fand pronunced and declared the said 〈◊〉 to be filed culpable and convict of Art and Part of demembring the said 〈◊〉 of his midle finger nearest his little finger of his left hand committed the time foresaid whereupon the said 〈◊〉 asked Instruments Extractum c. Doom for Demembring THe whilk day c. being entered on Pannel to hear doom pronunced against them as they that were convict be an Assize in a Court of Iusticiar holden within the Tolbooth of Edimburgh the 〈◊〉 day of 〈◊〉 instant for Art and Part of he demembration of 〈◊〉 ut supra the Iustices be mouth of 〈◊〉 dempster decerned and ordained the said 〈◊〉 to content and pay to 〈◊〉 the sum of three hundred Merks in full satisfaction and assithment of the demembration of him of the said finger and to find caution for payment of the said sum to the said 〈◊〉 upon condition that the said 〈◊〉 should deliver to the said 〈◊〉 sufficient Letters of slaynes for demembring him of his little finger who fand 〈◊〉 with themselves conjunctly and severally soverty and cautioner fore-payed of the said three hundred Merks to the said 〈◊〉 in full satisfaction and assithment of demembering him of his midle finger he grant and and giving a sufficient Letter of slaynes as said is and al 's decern'd all the saids 〈◊〉 their moveable goods and geir to be escheat and in-brought to Our Soveraign Lords use as being convict of the said crime whilk was pronunced for doom and ordains Letters of Horning upon a simple charge of ten dayes and poynding to be direct hereupon Dempster our countrey-man hist. eclest pag. 235. relates this solemnity which is now in desuetude lapidem tollit magistratus signatumque quaerenti tradit ille adversarium testes citat si quid ambiguum majoris momenti ad 12. quos claves appellant refertur atque ita sine scriptis aut impensis lites dirimi sunt solitae II. By the former stiles it will appear that the debate is not insert in the Criminal Sentence as it is in Civil Process with us but it contains oft-times the whole Summonds which Decreets for Civil Causes do not These Criminal Sentences likewise express still the manner of the Probation which is the because of the Decreet as we speak in civil causes and this the Doctors confess to be the custome in other Kingdoms inferitur enim causa in sententia ut quod talis accusatus est de tali malificio quod constat per tefles vel per ejus confessionem quod illud maleficium commisit ideo condemnatus est c. Clar. 93. num 21. After the Sentence is pronunced by the Judge it is writen by the Clerk who reads to the dempster the manner of punishment and it is by him repeated and the manner of punishment is called the doom because it is pronunced by the dempster who adds after he has pronunced the pun●shment and this I give for Doom And I find that by the custome of Italy the Clerk reads the Sentence and the Judges adds ita absolvo vel ita condemno Clar. ibid. III. Albeit the Sentence bear a punishment less then what the Statute irrogats eo casu the Sentence is not by our Law null but the Fisk hath by vertue of the conv●ction contain'd in the Sentence ●ight to put in execution or to exact what the Law appoints though the Sentence doth not And thus Iohn Wauch in Selkirk being found guilty of theft by the Sheriff of that Shire he was ordained to pay two thousand Merks or to go to Barbodoes in obedience to which Decreet he payed the two thousand Merks Notwithstanding whereof the Exchequer gifted his liferent-escheat to Mr. Andrew Hedderweik who pu●sued a declarature in which the Lords found that Wauch being once found guilty of Theft there was jus quesitum Regi which the Sheriff could not prejudge by any Sentence no more then he could remit the punishment altogether for in so far as he did mitigat the punishment in so far he remitted it To which it was answered that Theft was arbitrarly punished by our custome sometimes by death sometimes by fyning according to the several degrees of the guilt which was punishable and custome had in this prorogat the power of inferiour Judges 2. If the Sheriff had done wrong he