Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	call_v	court_n	judge_n	1,450	5	7.1812	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

King's Name The present Advocate is Sir John Nubet of Dirlton The Seventh Officer is the Lord Treasurer Deputy who is assistent to the Lord High Treasurer and is a Check upon him and presides in the Exchequer in his absence This Office is executed by Sir Charles Maitland of Hatton The Eighth Officer is the Lord Justice Clerk who assists the Lord Justice general in Criminal causes The present Justice Clerk is Sir Thomas Wallace of Craigie All these have the Title of Lord and the precedency of all under Noblemen and their eldest Sons The Privy Council is chiefly employed about publick Affairs and judges of Riots and any Disturbance given to the Peace of the Kingdom Anciently the Lords of the Session were the King's Council and so are still called the Lords of Council and Session but the Power of the Privy Council has been most raised since King James got the Crown of England that by reason of the King 's necessary absence from Scotland the King hath lodged much of His Power with the Privy Council Lawyers do plead the causes of Riots before them and when Sentence is given every Privy Councellour gives his Vote and the major Vote carries it Lords of His Majestie 's Privy Council John Earl of Rothes Chancellour of the Kingdom Lord President of the Privy Council James Lord Archbishop of Saint Andrews his Grace John Duke of Lauderdail his Grace Alexander Lord Archbishop of Glasgow his Grace William Marquess of Douglas John Marquess of Athol Archbald Earl of Argile John Earl of Errol George Earl Marischal William Earl of Morton Alexander Earl of Murray Charles Earl of Mar. Earl of Linlithgow John Earl of Wigton Patrick Earl of Kinghorn Alexander Earl of Kelley David Earl of Weemis James Earl of Airley William Earl of Dundonald George Lord Ross Sir Charles Maitland of Hatton Sir James Dalrymple of Stair Sir John Nisbet of Dirleton Sir Thomas Wallace of Craigie Sir James Fowlis of Collington Sir William Sharp of Stainibill Sir William Scot of Ardross Sir George Kinnaird of Rossie Sir John Wachop of Nidrie Sir Gerge Monro of Culkairn Lieutenant General Thomas Dalyell The Supreme Court of Judicature about the Property of the Subject is called the Colledge of Justice or the Session which was anciently an ambulatory Court but was settled as it now is by King James the Fifth Anno Christi 1532. to consist of fourteen who are called Senatours of the Colledge of Justice or Lords of Councill and Session and a President to whom are added the Lord Chancellour and four extraordinary Lords who are of the chief Nobility The extraordinary Lords have no Salary and are not obliged to attendance but when they come they have a Vote This Court sits from the first of June till the last of July and from the first of November till Christmas-Eve and from the first of January till the last of February they sit from 9 a clock in the Morning till 12 all the days of the Week except Sunday and Monday There is an Outer House and an Inner In the Outer there is a Bench where one of the Senatours sits a Week and all of them except the President have their turns in it who hears all Causes originally and where the Case is clear he gives Sentence But if it be difficult or if either party desires it he reports it to the rest of the Senatours who either send out their Answer by him or if it be very intricate and the parties or either of them desire it do appoint it to be heard before themselves This is a Court of great dispatch But besides the Judge on the Bench there is a Side-Bar to which one of the Judges comes out weekly by turns as in the former and receives and answers all Petitions and Bills The Inner House where all the rest of the Senatours sit is a Court of great State and Order The Senatours sit in a semicircle in Robes under them sit their Clerks who write the most material heads of all that is pleaded at the Bar where the Pleadings are long and very learned When the Senatours have after all the parties are removed reconsidered their Arguments they give their Sentence and the major Vote carries it Their final Sentence determines the business there lying no Appeal from them onely the Parliament as the Supreme Court may review and repeal their Sentence and they are called Decreets from the Latin Decreta Senatours of the Colledge of Justice Sir James Dalrymple of Stair President Sir John Nubet of Dirleton Sir Thomas Wallace of Craigie Sir Charles Maitland of Hatton Sir James Fowlis of Collington Sir Robert Nairn of Strathurd Sir David Nevoy of Nevoy Sir Peter Wederburn of Gosfurd Sir John Baird of Newbyth Sir John Lockart of Castlehill Sir Richard Maitland of Pitrichie Sir David Balfour of Forret Sir Thomas Murray Sir James Fowlis of Sir David Falconar of Newton The Law of Scotland is made up of the Municipal and Civil Laws The Municipal consists either of Acts of Parliaments or of the Customes and Practicks of the Colledge of Justice which are held of no less force then Acts of Parliament and where neither of these contradicts the Civil Law the Roman Law is of force This makes our Lawyers generally great Civilians for they goe either to Leiden Poictiers or Bourges and study the Civil Law in which some are learned to a high degree The Law of Scotland is easie and regular by reason of our Registers which are so full that Titles are much more easily cleared here then can be done where those Registers are not which may appear from the following Instances No man can have a Right to any Estate but by his being seised of it which is done by the delivery of Earth and Stone upon which an Instrument is formed called a Sasine and this must be registred within 60 days otherwise it is of no force by which means all secret Conveyances are cut off for if no Sasine be passed upon them or if these be not put in the publick Registers which every one may search the Conveyance is of no force All Bonds have a Clause in them for inserting them in the publick Registers and they being registred without any farther action by a charge of six days the Debitor must make payment otherwise Writs called Letters of Horning Caption and Poynding are given out by the first of which the party is under Outlawry and Rebellion and forfeits to the King his personal Estate and if he continues a year under it the Life-rent of his real Estate in which the Creditor is to be preferred for his interest the rest goes into the Exchequer By the Letters of Caption the party is seised on and put in prison nor is his House a place of security but may be searched for him By the Letters of Poynding the Debitor's Goods may be distrained where-ever they can be found A third Instance to which I shall adde no more is that any