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	king_n	law_n	3,001	5	4.8555	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29340	A breviate of the state of Scotland in its government, Supream Courts, officers of state, inferiour officers, offices, and Inferiour Courts, districts, jurisdictions, burroughs royal, and free corporations		1689 (1689)	Wing B4415; ESTC R19116	15,422	20

Execution against the pannal by a Macer and the mouth of the Doomster So the Pannal is carried to prison till the Sentence be put in Execution Of Late the Kings Advocate have brought in an use of raising a Summons of an Assize of error against the Assizers if they find not guilty and they are tried as the other Pannal which occasioned a great deal of grumble and murmur Men choosing being upon Soul and Conscience rather to be fined than to be Assizers All these Lords have pensions The fifth Supream Court is the Exchequer or properly the Kings Baron Court. THis Court consists of the Lord High Thesaurer who presides though the Lord Chancellor were present or Commissioners in place of Thesaurer and Thesaurer Deputy who presides even among the Commissioners being one himself or in absence of the said Lord Thesaurer There are several Assistants to them who are called the Lords of Exchequer who have little power because the Thesaurer or Commissioners and Thesaurer Deputy who carry all as they please because they but Sign in Exchequer whatever the Thesaurer or Commissioners and Thesaurer Deputy revise and pass in the Thesaury Chamber Before this Court was formerly over-ruled by the Comptrouler of the Kings Accompts and the Master of Requests All the Kings grants whether Commission new Charters or Charters of confirmation with de novo damus Confirmations of Subvassals Charters from their Superiors to prevent forfeiture and other things which pass of course for small composition gifts of ward single or taxed Letters Pensions c. are revised and componed by the Thesaurer or Commissioners and Thesaurer Deputy pass in this Court and there are few debates before it for where there is any matter of Law it is remitted to the Judge Ordinar if there be any new Signatures Parties Leased or injur'd compear and give in Petitions to be heard and so they are either past Simpliciter or with protestation are stopt till the cause be further represented The Kings will was a Law in this Court and so whatever the prevailing Ministers Suggested to be the Kings pleasure was readily comply'd with there by some and connived at by others The Lords have no Pensions nor Emoluments There is a Sixth Court called a Soveraign Judicator wich is the Admiral Court. THIS Court came first to an hight by King James VI. Act Parl. 18. cap. 10 c And this Act Ratified and further extended by King Charles II. Parl. 2. cap. 16. And further amplified by the Act 1681. Declaring it a Soveraign Court in it self His Royal Highness the Duke of York being then Lord High Admiral and was the Kings Lieutenant and Justice General on the Seas and all Ports Harbours and Creeks thereof and upon fresh Waters or Navigable Rivers below the first Bridges or within the highest Flood marks where there was no Bridges he had the sole Jurisdiction in all maritine Causes Forreign or Domestick Civil or Criminal Exclusive of all other Judicators with many other Priviledges He reduces Decreits of Inferiour Admiral Courts and revives his own No advocation from or suspention of these Decreits but by the whole Lords of Session in time of Session and by three in time of vacancy and must be discust Summarly without the order of a Roll and that the Admiral and his Deputy have the sole Right of granting Passes or safe Conduct to all Ships c. In that Parliament there was strong debates to oppose this Act Shewing That it would be a retrenching of the Power and Priviledges of the Lords of Counsel and Session and incroachment thereupon c. This Court which is kept by the Judge Admiral only and his Deputies meddles with Bills of Exchange of Merchants which is thought to be extrinsick to that Court and no doubt is very proper and convenient for encouraging of Trade and Commerce and for the credit of the Nation abroad with Forreign Merchants that there should be a particular Court erected of honest knowing Merchants who are the only proper known Persons to judge in such Cases and requiring Summar Execution for many reasons that might be given This Court also since its Soveraignity was extended the Judges thereof were active enough to ply their time the benefit of their Sentences accrewing to themselves he making himself a Judge competent in actions not competent for him as was said already or in case the Customs were put in a Commission the Judges whereof no doubt should be knowing Merchants who did not traffick themselves and would be sit Judges in Debates anent Bills of Exchange These have the Emoluments of the Court. The Second Great Heritable Offices in the Kingdom are The Lord High Constable The Lord Marshal and these Exercise their Jurisdictions and keep their Guards in Edinburgh and the Parliament House the time of the Meeting of the General States of Parliament or Convention The Heritable Usher The Crown Bearer The Scepter Bearer The Purse Bearer The Sword Bearer Before the King or His Commissioner in time of Parliament These have been altered in the time of some Parliaments The Chancery The Director of the Chancery an Ancient and Honourable Office having been formerly the King's Chaplain Ergo Clericus The Director Deputy his own two Clerks and a Register with two Copraters The Military Offices within the Kingdom whose Commissions are granted by the KING are The General and all other Officers under him in Military imployment they have their ordinary dues which are known The Leiutenant General Of old there were Leiutenants of Shires and Counties but in desuetude The Master of the Ordinance who is ordinarly term'd Lieutenant General of the Artillery This Office will be the better distinguished by riding Marches betwixt it and the Governour of the Castle of Edinburgh to whom it was incommodious of late the Army lying there The Major General The Captains of the Kings Guards of Horse who take place and hath the pay always of a Collonel and is the first Collonel in the Kings Forces and his two Lieutenants Cornet c. Take their places in the Army accordingly The Collonels first of the Kings Guards of Foot then the Collonels of other Regiments either Horse or Foot as they are in with all the Captains Leiutenants of Companies and Ensignes with other subaltern Officers Captains and Governours Lieutenant Governours or Constables often so called and other subaltern Officers of the Castles and Forts whereof there are five only in repair and Garrisoned in Scotland viz. The Castle of Edinburgh where the Crown and Honours and the most material Registers of the Kingdom are kept and is a good Post commanding the City of Edinburgh here is kept the Kings Cash when there is any store or quantity of it of which sometimes there was an ill accompt made the Castles of Striviling Dumbarton Blackness and the Bass but the Earl of Mar is heritable Keeper of Striviling Castle the rest at the Kings grant The Muster Master General has his Commission from the

outerhouse for dispatch There is a Roll of ordinary Actions such as summons simple reduction improbation recognition c. Advocations and Suspensions in another Roll for the outer-House when these are called Terms granted Acts extracted which when called here are either Sentences pronounced by the Ordinar in the Outer-house and so Decreeted or else the parties craves a Representation of one point or more to the Hall Lords and the Ordinar to make a report of their interloquitor which he reports in the Outer-House the next day ordinarily or at the side Bar the next Week but the most of causes in the outer House especially of consequence comes to the Inner House by making an avisandum to all the Lords and is Inrolled in course by Warrant in the Inner-House Roll of ordinary Actions which in its course again comes to be called in the Inner-House before the Hall Lords and after debate either there is a decision or the cause is concluded Where there is any probation led and inroll'd de novo in the Roll of concluded causes in the Inner House then it 's advised by the Hall Lords with close doors and where there is any difficulty after the President resumes the Hall cause and debate and the Lords calls the parties and their proctors to see if they have any further thing to say and ordinarily they have nothing material to add Then the Lords orders them to remove and upon serious deliberation they Debate and Vote and calls in the party and their Advocates and by the mouth of their President declares their Sentence definitive which is a Decreit to be extracted as all other Decreits are by the Clerks conform to the Minutes and Warrants of the Process if there be more sheets in the Decreit than one The principle Clerk sidesigns the joyning of every two sheets and the Lord Register subscribes the last Sheet of the Decreit which contains the Hall Libel as it is in the Summons the Executions Debates and Interloquitors of the Outer and Inner-House and the Lords Sentence This is a Vidimus of the Lords of Sessions procedure but of all the Courts in that Kingdom their Decreits and precedure are most formal So that the Lords by their constitution are obliged to do nothing but by the greatest deliberation in the World upon these Decreits the parties raise horning and other diligence under the Kings Signet for payment of the debt or securing of the debtors Estate for payment thereof This Court is said to have a distributive Jurisdiction only but no competent Judicator for life or Limb c. But for faults competent to themselves too tedious to insert here being intended but an abreviate This Court makes acts of sederunt equivolent to Laws and Acts of Parliament and are in force till they be approved of as ordinarily they are or recall'd by Parliament which is seldom or never because the Lords of Session are the proper interpreters of Acts of Parliament who have a Bench in Parliament not as Judges but sit there in time of Parliament to give their opinion to the Parliament when required in matters of intricacy The Lords of Session make their own Collectors and other Servants of the house except the four ordinary Macers who serve them in time of Session and have their Commissions from the King with yearly pensions besides their ordinary dues from parties The Lords appoints certain of their number weekly to sit upon all Bills of Suspension c. And for examining of Witnesse by turns This Court having formerly been called the Kings Council for the reasons foresaid had not only a distributive but a cumulative Jurisdiction The reasons for dividing and giving part of their Power to the Privy Council and partly to the Justice Court is not sit now to be urged The restricting the power of this Court and imparting it to others and displacing Judges that were honest men Notwithstanding their Commission ad vitam culpam who could not comply with any designs against their Conscience and placing men not fit for that weighty imployment or that would comply was a ready tool to serve that prerogative which some Parliaments gave the King by the help of evil Ministers that were either too forward or others that connived at any thing was enjoyned them to a Stretch of fundamentals tending always by degrees to a despotick power and arbitrary Government This Court likewise has an Ordinar at the side Bar which though not in their Constitution dispatch much ordinary business and is pretty well regulate within these two years allowing none at the Bar but one at once some think as was hinted before that this Court might supply the Privy Council for the ease of the Lieges The fourth Soveraign Court is the Justice or Criminal Court having a Cumulative Jurisdiction THis Court came in place of the Justice Eir or Justice General which was last of all in the Person of the Earl of Argile who transacted for it with King Charles first and was made then Justice General of all the Islands which raised great debates betwixt him and some pretended heritable Sheriffs there and that Jurisdiction was taken away by the Parliament 1672. Which was erected in a Justice or Criminal Court this Court consists of the Justice General alterable at the Kings pleasure Justice Clerk and five other Judges who are Lords of the Session and this Court ordinarly sits upon Monday and goes sometimes to the Country by Circuits which the Country found to be very uneasie to them The ordinary Clerk of this Court has his Commission from the Justice Clerk They have four ordinary Macers and a Doomster appointed by the Lords The Clerk raises a libel or inditment upon a Bill past by any of the Lords thereof at the instance of the Persuer against the Defender a criminal who is readily incarcerated after citation When the Party Witnesses and great Assize or Jury of forty-five are cited the day of compearance being come fifteen of the greatest Assize is chosen to be the Assize upon the pannal or prisoner at the Bar if he be a Peer most part of his Assize are Peers and the Assize sits with the Judges to hear the Libel read witnesses examined and the debates hinc inde which is verbatim written in the adjournal Books The Kings Advocate pleads for the Persuer being the Kings Cause and other Advocates for the pannal the debates being closed they either find the Libel or Inditement not relevant in which case they desert the Diet and assoiles or absolves the party or if relevant then in that case the Assize or Jury of fifteen is removed to a closer Room none being present with them where they choose their own Chancellor and Clerk and considers the Libel Deposition and Debates and brings in their Verdict of the pannal Sealed guilty or not guilty if not guilty the Lords absolves if guilty they condemn and declares their Sentence of condemnation and the punishment to be put in