Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	court_n	criminal_a	1,645	5	10.8192	5	false

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

liquet for there is no dissents or protests allowed in publick Acts being accounted treasonable sed licet protestare in privatis pro interesse and takes Instruments in the Registers hands This Court ordains the Acts to be printed and proclaim'd without which they seem'd of old to have no import till they were legis promulgatae notwithstanding of any late customs introduced This Court do revise or produce Acts and Decreits of any other Courts and canvass the Rights and Properties of private parties if not prescribed by Law and even in that case they have found prescriptions short in some circumstances This Court Names Commissioners in every Shire for Cess Excise Supply c. Names Justices of peace for high ways Bridges Briefs and other things tending to the publick peace and tranquility of the Kingdom in their divisions and whatever might have been done in this great Court which might furnish grounds of grievances It s not the fault of its Constitution or of the Members thereof since all is carried by the Major Vote but some corrupt Nobility that either expected or did live by the Kings bounty or the Representatives of Shires or Burghs that were a packt party who purposely contriv'd the late yokes to debar many good honest Protestants from being capable to be Electors of Members or Elected Members of Parliament themselves though otherwise qualified by the Ancient wholesome Laws to be both Electors of honest Men and Elected themselves The Second Supream Court is the Privy Council THis Court consists of the Chancellour who presides the other Officers of State the President of the Session Justice General and such others of the Nobility and Gentry as the King pleases to Name this Court was Originally appointed for the publick affairs and are Judges of Riots and disturbances given to the peace of the Nation but it arose to its highth only when King James came to England who placed much of the power anent the publick safety and peace of that Kingdom in the Privy Council Yet till of late this Court did never decide in Civil or Criminal causes occasioning any debates but remitted the same unto the Judge Ordinary either viâ ordinariâ by raising of formal processes or summarily by remitts and the parties application to the Judge or Judicator competent Many think this extraordinary power given to this Court was a ready way not only to introduce the dispensing power but also an Arbitrary Government into that Kingdom the Council having no bounds further than to obey whatever the King by Evil Ministers suggested to them by Letters or other ways and if there could be an Union happily concluded betwixt the Two Nations the deciding of Riots c. might be done by the Sheriffs of the several Shires and if difficult the Lords of Session by a distinct sederunt from that of the Session once or twice a Week might decide all these affairs competent to a Privy Council themselves being made up of ordinar and extraordinar Lords and this would be a great ease to the Lieges not to be obliged to attend Two Courts where one might serve This being only Honourable they have neither Pensions nor Casualities The Third Supream Court is the Session called the Colledge of Justice a Capite or Nobiliore parte THis Court being one of the most Noble Decent and most orderly Courts in Europe both from its first Foundation and later Constitution by King James the Fifth who by its newer foundation created it a Colledge of Justice after the form of the Supream Soveraign Court or Parliament of Paris gave it great Priviledges Emoluments and Immunities before it was so Erected it was called in Scotland the Kings Council or the Lords called the Lords of Council and Session which Title they still carry being first a Committee of Parliament and was an Ambulatory Court by Circuits when its thought they had a cumulative and distributive Jurisdiction centered in one which made it both Civil and Criminal This most Honourable Court now consists of one constant President and fourteen Senators who have but mean Salleries not suteing the Grandeur of their Character or their fatigue or attendants being but two hundred pound English yearly to each Senator The Lord High Chancellor presides here when present but speaks little except he be a bred Lawyer the King Names several other extraordinar Lords who sit but are not obliged to attendance because they have no Salleries but Votes with the rest This Court now sits the first of June and rises the last of July and vacates till the first of November at which time they sit again till the twentieth of December and then it vacates till the Tenth of January when they sit again and rises the last of February Many thinks the Christmas vacance too long which occasions their Session from the first of November till the twentieth of December by reason of the ensuing vacance to have but little effect In time of Session they sit from Nine of the Clock till Twelve in the forenoon all the days of the Week except Sunday and Monday they sit sometimes in the afternoon to end concluded causes or to hear long debates the forenoon being short to hear them The Lord Stain when President in the year 1676 procured a Warrant from the King giving power to the President to call the Lords in the Afternoon together to hear and dispatch business which was a great occasion of dispatching the Lieges affairs and the Lords follows much of the same Methods as yet The Senators in the Inner House with the other extraordinar Lords sit in a semicircle Bench in their Robes in the forenoon but wanting them in the afternoon to hear Petitions Processes resum'd by the Clerks and Advocates debates their Clients cause They have three or six principal Clerks who per vices as they are imployed minutes the Heads of great and weighty causes and debates and writes the deliverance of Bills Interloquitors and desinitive Sentences by the Lords in the Inner-house which makes Decreits and which determines all business in that Court there being no appeals from it to any other Court but by application to themselves before extract or Reduction or Suspension in common Form Which in the second instance comes always before themselves and must be upon other new grounds than was formerly represented Nine of the Lords makes a Quorum in the Inner-House otherwise they cannot Vote in any Case except in particular Cases referred to one or more by the Hall Lords and one of the Senators the President always being excepted is Weekly appointed Judge in the outerhouse for discussing of ordinary Actions who sits upon a Bench with the six under Clerks sitting before him who minutes likewise in their course as they do in the Inner-House all Debates or Writs Signatures or Sentences of ordinary Causes decided by the Ordinar who meddles with no extraordinary case except where it 's remitted to him by all the Lords to be discust in the

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

and their Six under Clerks and all Extracters in the Three Offices All buy their places of the Lord Register Emoluments The Clerks of the Bill Chamber and several other Clerks there which is a great Office and of Great Emoluments The Sheriffs Rolls and Stewards Rolls Clerks who are not many but these are called Clerks of Exchecquer and the Lord Register gets entry Mony for them and their Deputies Fees. The Clerks of the Baily Rolls Ibidem Fees. The Clerks of the Burrough Rolls and their Deputies Ibidem Fees. The General Register of Saisings c. Fees. The General Register of Hornings and Inhibitions Fees. All the particular Registers of Saisins Inhibitions c. in every Shire and Burrough of the Kingdom Fees. The Clerk for admission of publick Notaries in the whole Kingdom Fees. Of late the Keeper of the Rolls of the Outer Session House and the Keeper of the Minute Book of all things done in the Inner and Outer-House though it properly belonged to the Lord President with advice of the Lords All Clerks to the Justices of Peace in the Kingdom Emoluments The Keepers of all the Registers and Rolls of Parliament and Session laid up in the lower Parliament house within the time prescribed to be there kept with all his Substitutes and Sub Clerkswithin the Kingdom This is a great Emolument likewise and is one of his casualities what Fees they please There is another Office added to him Parliament 1685. in the Clerks Office called Keeper of the Register which is beneficial and seems to be a grievance to the Nation by the addition of half a Mark Scots mony to him for every Subscription The Kings Advocate He grants only deputations to persons in his own Office in any part of the Kingdom where his presence cannot be in Criminal or Circuit Courts His own Principal Servant who in his name passes all extraordinary Bills competent to him for his dues and Summons that are not priviledged without his marking and Commissions for Trial. The Justice Clerk. He grants only Commission to the Clerk of Justice Court some servile Macers and the Doomster of that Court. Town of Edinburgh The Two Town Clerks and the several Deputies and Dependers in City and Suburbs the Emoluments of which are great and a place of great Trust who ought to be known Lawyers and Men of great skill as well as Integrity Agents for the Burroughs chiefly dispos'd of by the Provost A Pension Keepers of the Tolbooths or Prisons of Edinburgh Leith and Cannongate Emoluments Clerk to the Meetings of the whole Burroughs Emoluments Clerks to the Kings Customs there Pensions The disposal of many other beneficial places within the City and Suburbs which with their other Priviledges Rents casual and real and Stems makes a great publick good but how imployed being seldom called to an account though the Lord Thesaurer or Collector General or Commissioners of the Thesaury are obliged yearly to call them by vertue of an Act of Parliament to an account in the Exchequer neglecting of which proves a great Detriment to the publick Good of the place Sheriffs and their Deputies only the Fees and Emoluments Most of the Sheriffs were anciently heritable and being a matter more of Profit than of Charge our Kings bought many of their Rights so that there are now some of them heritable some by the Kings Gift The Sheriff may sit by himself or his Deputy who judges in ordinary Causes as also in Thefts Murder and lesser Crimes but in Murder when the Criminal is taken in hot Blood though there be no Appeal in this Kingdom yet any Cause may be taken from it by Advocation before Sentence or Suspension of the Decreit after Sentence by the Lords of Session in Equity c. and are the ordinary Reasons given in their Petitions or Bills these Courts are much encroached upon by some later Regalities by Repledgiations A List of the Sheriffdoms of the Shires of Scotland and their Sheriffs 1 The Shire of Edinburgh comprehending Midlotham By the Kings Gift 2 The Shire of Berwick containing Merce Earl of Hume 3 The Shire of Peebles containing Tweddall Earl of Tweddall 4 The Shire of Selkirk containing the Forrest Murray of Philiphaugh 5 The Shire of Roxburgh containing Tevidale c. Duke of Buccleugh 6 The Shire of Drumfreis containing Nidisdale c. Formerly Earl of Drumfreis now Duke of Queensberry 7 The Shire of Wigtoun containing the West part of Galloway to Carruck Sir Andrew Agnew but for present the Viscount of Dundee by the late incroachment 8 The Shire of Air containing Kyle Carret and Cunningham By the Kings Gift 9 The Shire of Ranfrew containing that Barony Earl of Eglintoun 10 The Shire of Lanerk containing Clidisdale Duke of Hamilton 11 The Shire of Dunbarton containing Lenox Duke of Lenox 12 The Shire of Boot containing the Isles of Boot and Arran Stuart of Boot 13 The Shire of Interara containing Argile and some of the Western Islands Earl of Argile 14 The Shire of Perth containing Atholl and much Highlands with the Earldom of Monteith and Trathern Marquess of Atholl 15 The Shire of Striveling lies on both sides of the River of Forth Earl of Marr. 16 The Shire of Linlithgow containing Westlothian Hopetoun 17 The Shire of East Lothian Earl of Wintoun 18 The Shire of Clackmannan containing a part of Fiffe Bruce of Clockmannan 19 The Shire of Kinross containing another part of Fiffe Earl of Mortoun 20 The Shire of Coupar contain the third Division of Fiffe Earl of Rothes 21 The Shire of Forfar containing Angus with its pertinents Earl of Southesk 22 The Shire of Kinkardin containing Merms Earl of Marshal 23 The Shire of Aberdeen with its several pertinent of great extent By Gift 24 The Shire of Bamfey containing part of Buchan c. Baird of Auchmedan 25 The Shire of Elgin containing the Eastern part of Morray Dumbar of Westfield 26 The Shire of Naim containing the West part thereof Sir Hugh Cambell of Calder 27 The Shire of Innerness containing Badzenoch Lochqualer and the South part of Ross but formerly contained all beneath it Earl of Morray 28 The Shire of Cromartie containing that part of Ross within its Frith Viscount of Tarbat 29 The Shire of Ross containing the Sky Lewis and Harrick By Gift 30 The Shire of Sutherland containing Strathwater Earl of Sutherland 31 The Shire of Cathnes containing that Country Earl of Cathnes 32 The Shire of Orkney By Gift The Burghs of Regality and Barony being no State sending no Commissioners to Parliament or Convention and having less Priviledges and belonging to particular persons as the Kings Grants and where these Lords or Barons hold their own particular Courts but have power of Pit and Gallows they are not to be treated of here not concerning the Government much except it be where late Grants encroaches upon old Jurisdiction Constabularies Stuarties and Bailaries Constabulary of Haddingtoun containing East Lothian and Lautherdale Earl of Lautherdale if he