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cause_n bring_v great_a king_n 3,018 5 3.5536 3 true
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A50800 An appendix to the history of the Church of Scotland containing the succession of the archbishops and bishops in their several sees from the reformation of the religion until the year 1676, as also the several orders of monks and friers &c. in Scotland before the Reformation : with the foundation of the universities and colledges, their benefactours, principals, professours of divinity and present masters : and an account of the government, laws and constitution of the Kingdom. Middleton, Thomas, 17th cent. 1677 (1677) Wing M1990; ESTC R29541 55,302 57

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Creditor may serve a Writ on his Debitor called Letters of Inhibition by which he can make no Disposition of his Goods or Estate till the party be satisfied and all is null that he does after that if these Letters be returned and registred within 21 days after they are served otherwise they have no force The next Supreme Court is the Justice Court where all Criminals are tried It consisted anciently of a Lord Justice General and a Lord Justice Clerk who was his Assistent The Earls of Argile had this Office by Inheritance but King Charles the First agreed with the Earl of Argile and gave him the hereditary Justiciarship in the High-lands for which he laid down his Pretensions to the other The Justice General is not bound to serve in person but might doe it by Deputies and he commonly named two but the Parliament changed this Anno 1669. and appointed four of the Judges to sit in this Court with the Lord Justice General and the Lord Justice Clerk All Trials for Life are in this Court which sits every Friday in the time of Session in the afternoon Here all the Subjects Peers as well as Commons are tried nor is there any difference between the Trial of a Peer and of a Commoner but that the greater part of the Peers Jury called by the Scotish Law an Assize must be Peers Fifteen make a Jury The Foreman who is called the Chancellour of the Assize gathers and reports their Votes the major Vote determines the matter The present Justice General is the Earl of Murray The next Supreme Court is the Exchequer That consists of the Lord Treasurer or the Commissioners of the Treasury when it is in Commission the Lord Treasurer Deputy and some Assistents called the Lords of Exchequer who have little power the Lord Treasurer and the Lord Treasurer Deputy carrying all matters in it as they please Here all the King's Grants Pensions Gifts of Wards Letters Patents and such like are to be passed And these are the Supreme Civil Courts The Seat of those Courts is Edinburgh which has been long the chief Seat of the Government and though the making of Circuits for giving Justice has been oft begun yet the charge it puts the Country to is found a greater inconvenience then the bringing up all their Affairs to Edinburgh Next to these Supreme Courts there are other inferiour Courts And First there are many Regalities in the Kingdom where the Lord of the Regality has a Royal Jurisdiction within his grounds and power of Life and death besides many other great Immunities and Privileges This began chiefly in Church-Lands for all the Bishops and most of the Abbots had these Regalities granted them some of the ancient and great Peers likewise got the same power bestowed on them but many more have lately got their Lands erected into Regalities The Judge is called the Bailif of the Regality who sits as often as there is cause Most of the Bailifs of the Bishops are so by Inheritance for these were given by the King since a Church-man cannot give a Commission in Causa Sanguinis There are also in all the Shires of Scotland Sheriffs who are the Judges in all matters of Meum and Tuum in Thefts and in all lesser Crimes as likewise in Murthers if the Murtherer be taken in hot bloud as they call it when the person is newly slain But though there lies no Appeal in any Court in this Kingdom yet there is somewhat equivalent to it for the Supreme Courts by a Writ called an Advocation may take any Cause out of the hands of inferiour Judges and order it to be brought before themselves Most of the Sheriffs were anciently such by Inheritance and it being in this Kingdom no matter of charge but of profit it gave the Hereditary Sheriffs so great a power in their Shires that our Kings of late have thought sit to agree with many of those Sheriffs for their Rights by which it comes to pass that divers of them are now in the King's gift The Sheriffs may either sit and give Judgment themselves or doe it by a Deputy which they most commonly doe except in some greater cases SHIRES or COUNTIES of SCOTLAND and their SHERIFFS SHIRES SHERIFFS The Shire of Edinburgh containeth Middle Lothian Sir Charles Maitland of Hatton The Shire of Berwick containeth Mers The Earl of Hume The Shire of Peeblis containeth Tweeddail The Earl of Tweeddail The Shire of Selkirk containeth the Forrest of Etterick   The Shire of Roxburgh containeth Teviotdail Lidisdail Eskdail Ewsdail c. Duke of Buckleugh The Shire of Dumfreis containeth Nithisdail and Annandail Earl of Queensbury The Shire of Wigton containeth the West part of Galloway Sir Patrick Agnew of Lochnaw The Shire of Aire containeth Kyle Carrict and Cunninghame Earl of Dumfreis The Shire of Renfrew containeth the Barony of Renfrew Earl of Eglington The Shire of Lanerick containeth Clidsdail Duke of Hamilton The Shire of Dumbritton containeth Lennox Duke of Lennox The Shire of Bute containeth the Isles of Bute and Arran c. Sir James Stewart of The Shire of Innerara containeth Argile Lorn Kintyre the most part of the West Isles as Ila Jura Mull Wyist Terife Coll Lismore c. Earl of Argile The Shire of Perth containeth Athol Goury Glenshee Strath-Ardel Braid Albain Rainach Balwhidder Glenurqhuay Stormont Menteith and Strath-Jern Marquis of Athol The Shire of Striveling lieth on both sides of the River Forth Earl of Mar. The Shire of Linlithgow containeth West Lothian Earl of Calendar The Shire of Clackmannan containeth a small part of Fife lying on the River Forth towards Striveling Sir David Bruce of Clackmannan The Shire of Kinross containeth so much of Fife as lieth between Loch-Leiven and the Ochell Hills Earl of Morton The Shire of Cowper containeth the rest of Fife Earl of Rothes The Shire of Forfar containeth Angus with its pertinents as Glen-Ila Glen-Esk Glen-Prossin c. Earl of South-Esk The Shire of Kincairden containeth Mernis Earl Marischal The Shire of Aberdene containeth Mar with its pertinents as Birse Glen-Taner Glen-Muik Strath-Dee Strath-Don Bray of Mar and Cromar most part of Buchan Forumarten Gareoch and Strathbogie-land Earl of Dunfermline The Shire of Bamff containeth a small part of Buchan Strath-Dovern Boyn Enzie Strath-Awin and Balveny Sir James Baird of Auchmedden The Shire of Elgin containeth the Eastern part of Murray Robert Dumbar of The Shire of Nairne containeth the West part of Murray   The Shire of Innerness containeth Badenoch Lochabyr and the South part of Ross Earl of Murray The Shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth Sir John Vrqhuart of Cromarty The Shire of Taine containeth the rest of Ross with the Isles of Sky Lewes and Harrigh Earl of Seaforth The Shire of Dornoch containeth Sutherland and Strath-Navern Earl of Sutherland The Shire of Weik containeth Cathnes Earl of Cathnes The Shire of Orkney containeth all the Isles of
Regalia the Lion Herauld with some Heraulds and Pursevants riding before the Honours last of all when the King is present in person rides the Lord Chancellour bearing the Great Seal but this is not done before a Commissioner After these rides the King or His Commissioner with the High Constable who is by Inheritance the Earl of Arroll on his right hand with a white Batton on his hand and the great Marischal who is also by Inheritance the Earl Marischal on his left hand with a silver Batton in his hand If the King be present in person the Marquesses and Dukes ride after the Earls but if His Commissioner onely be there they follow him at some distance At the outward Gate of the Parliament-house they all alight off their horses and the Earl Marischal receives and conducts the King to the inner Gate where he is received by the High Constable and led into the House where the Parliament is held The Throne is raised six steps high with a State over it and there the King or the Commissioner in His absence sits And in the first step under him on a Bench sits the Lord Chancellour with other Officers of State on both hands of him In the next step under these sit the Lords of Session or Judges On the right hand of the Throne is the Bishops Bench that rises up three steps and rows of Benches On the highest the two Archbishops sit and in the lower steps sit the Bishops according to the dignity of their Sees On the left hand of the Throne there is another great Bench of three steps and rows of Benches on which sit the Nobility according to their precedency In the middle of the Floor there are two Tables on the one of them the Regalia are laid and in two great Chairs by them sit the Constable and the Marischal at the other Table sits the Lord Clerk of Registers with his Deputy-Clerks who are the Clerks of the Parliament There are also Fourms placed on the floor those on the right side are for the Commissioners of the Shires and those on the left hand are for the Commissioners of the Burroughs When all are placed the Parliament is fenced as the phrase is in the King's Name Then the King speaks to them if He be present sitting in His Robes with the Crown on His Head all standing up bare-headed but when a Commissioner represents Him he is in an ordinary Sute and stands and speaks also bare-headed nor is the Commissioner covered but when there is pleading at the Bar but continues bare-headed as all the Members are and tells them the reason for which they are called together which is enlarged upon by the Lord Chancellour Then they goe about the chusing of the Lords of the Articles who are Eight for every State who have been chosen in different ways Sometimes the Bishops did chuse the eight Lords of the Nobility and the Nobility eight for the Bishops at other times the Bishops did chuse their own eight and the Nobility their eight but now it is settled by an Act of Parliament that the King or His Commissioner names eight of the Bishops the Lords chuse eight for themselves and those sixteen do chuse eight Commissioners for the Shires and as many Commissioners for the Burroughs These Thirty two are the Committee of Parliament to prepare Matters When a Bill is drawn by them it is brought into the Parliament And anciently all these Bills were brought in the last day of Parliament on which the Members ride in the same State as they do the first day and the Bills being read they were put to the Vote of Parliament and either were approved or not and then being approved were presented to the King who by touching them with the Sceptre gave His Assent to them which also is done by His Commissioner in His absence if he refused to touch them they were of no force But of late times matters have been at full length and freely debated in Parliament They sit all in one House and every one answers distinctly to his Name and gives his Vote which is in these Terms I approve or not onely those who are not satisfied one way or another say Non liquet which is a great ease to those who are consciencious and a common refuge to the cunning Politician the major Vote carries it No Dissents or Protests are allowed in publick Acts but are accounted treasonable but in private Acts that relate to mens Properties and Rights any one may protest for his Interest After all business is ended the King or His Commissioner makes a Speech to them and dissolves them A Convention of Estates is made up of the same Members that constitute a Parliament but can make no Laws onely that can lay Impositions on the Subjects they do not sit in state and have been most used before the Kings were Crowned The Lord Chancellour is President in both these Courts and the Votes are taken and numbered by the Clerk of Registers And whatever Acts are passed in Parliament or Convention are to be proclaimed soon after their Dissolution at the publick Mercat-Cross of Edinburgh by the Lion Herauld who is at present Sir Charles Erskin of Cambo with a great deal of state and Ceremony after which they are obligatory on the Subjects And so much for the Parlaiment and the Three Estates whose Authority is supreme and it is Enacted that none of the Lieges shall presume to impugn the Dignity and Authority of the Three Estates or to seek or procure the Innovation or Diminution of the Power and Authority of the same Three Estates or any of them in time coming under the pain of Treason The Government of the Kingdom being wholly in the Crown the King administers it by His Officers of State and Privy Council The Officers of State are Eight The First is the Lord Chancellour who is Keeper of the Great Seal and President in all Courts where-ever he is except in the Exchequer This Office is now in the person of the Right Honourable John Leslie Earl of Rothes The Second Officer is the Lord High Treasurer who governs the Revenue and presides in the Exchequer This Office is now in Commission The Third Officer is the Lord Privie Seal who is at present the Marquess of Athol These three take place of all the Nobility The Fourth Officer is the Lord Secretary who keeps the Signet and is a Lord by his Office and takes place of all of his rank The Office of Secretary is executed by his Grace the Duke of Lauderdail The Fifth Officer is the Lord Clerk of Registers who has the charge of all the publick Records Rolls and Registers and names all the Clerks of Parliament and Session and the Keepers of publick Registers The Sixth Officer is the King's Advocate who is also called the Lord Advocate He is commonly a Judge except in Causes in which the King is concerned and in those he pleads in the