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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B04980 A representation to the High Court of Parliament, of some of the most palpable grievances in the Colledge of Justice, (both as to its constitution and administration) and several members thereof. 1689 (1689) Wing R1109B; ESTC R182675 9,853 13

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A Representation to the High Court of PARLIAMENT of some of the most Palpable Grievances in the COLLEDGE of JUSTICE both as to its Constitution and Administration and several Members thereof IT is evident from the whole Tract and Current of our Statutes and Records that the King's Council were first Institut the Supreme Judges in all Civil Causes and that the Council was Nominat and appointed for advising the King in all matters of State and others by His Great Court of Parliament But by the 65. Act Par. 3. James 1. It is Statute that there be some Commissioners of Parliament chosen per vices who with the Chancellor shall sit at three times in the year for cognoscing and Determining of all Causes that were formerly cognosced by the King or his Council and who were also called Lords of Session as is clear by the Act 61. par 14. Ja. 2. Of which Judicature so Constitute there was small or no Alteration until the 36. Act 5. par Ja. 5. Whereby in place of the said Committee of Parliament there is a fixt Colledge of Justice Institute to consist of Fourteen able Qualfied Persons and a President And for declaring their Qualifications and prefixing Rules for Administration of Justice the whole subsequent Acts of that Parliament were made And by the 68. Act thereof there is several Priviledges and Immunities granted to the saids Lords as is at length therein contained and by the 93. Act of the 7. Parliament of the said King these priviledges are again ratified and the Popes Approbation and Confirmation thereof and which is also ratified by Queen Mary Parliament 2. Cap. 1. and James the 6. Parliament 1. Cap. 18. And by many other subsequent Acts of his and all other Parliaments All which do still go on in the style of ratifying and approving of the foresaids Priviledges But till this day never any Restrictions or Limitations put either upon their Nominations or exercising the said Office which has been got waved by the Interest of these who were Nominat and in Office and their Sway and Power which they had in all Succeeding Councils and Parliaments whereof many of them were also ordinarly Members So that their power is of a long time come almost to be Arbitrary Seeing they assume not only the Power of making Acts of Sederunt whereupon some of the greatest Estates and Securities of the Nation are now founded but also to expound clear Acts of Parliament expresly contrair the positive words thereof which is in effect to repeal the samen thereby assuming the Legislative Power since ejus est interpretare cujus est tondere And albeit they might pretend they could not otherwayes explicat their Jurisdiction and whatever they might claim right to during the interval of Parliaments yet after they are incited and sitting all such Acts and Interpretations ought to have a Parliamentary Sanction and Ratification other wayes to have been lookt upon as deeds not Approveable by the States nor Wisdom and Justice of the Nation And all this was predicted by the Learned and Sagacious Buchannan who in the 14. Book of his History near the end thereof does express himself in thir Terms Quo die collegium Judicum Edinburgi constititum est ab its cum ab initio multa utiliter essent ex cogitata ut jus equabile Diceretur tamen qui sperabatur eventus non est confecutus Nam cum in Scotia nullae pene sint Leges praeter conventuum decreta eaque pleraque non in perpetuum sed in tempus facta judicesque quod in se est lationem legum impediant omnium ●●●ium bona Quindecim hominum arbitrio sunt commissa quibus perpetua est potestas Imperium plane Tyrannicum Quippe quorum arbitria sola sunt pro legibus I think it not fit to Translate it in English least the Vulgar should be tempted to look upon him as a Prophet It may be therefore justly thought that in this healing Juncture there be a slender Representation made of such things as seem to be palpable grounds of Grievance in that Court in the right Constitution and Administration whereof all persons from highest to the lowest are or may be eminently and dearly concerned Seeing their Lives and Fortunes may become the Subject of their consideration and therefore there can be nothing more acceptable to the People or worthy the trouble of the Representatives of the Nation nor to redress what may be amiss therein and seing in many things the same is faulty both as to its Constitution and Inhability of the Members as also in the male Administration though rightly constitute thir Points are offered as worthy Consideration Relative to the Lords Advocats and Kings Advocat Lord Register and Clerks of Inner and Utter House And also an hint of some particular Grievances of which in Order Primo Seeing by the Laws of all Nations and in special by the Act 134. Par. 12. Ja. 6. It is thereby Statute that to all Vacations in Session none shall be presented but Men fearing GOD of good Learning Knowledge and Practick of the Laws and having sufficient living of their own and farther that none be admitted unless they be sufficiently tryed and known by the King and Lords and have in yearly Rent an 1000. Merks or 20. chalders of Victual If in Justice or Law any ought to be admitted to that Function but such as Quadrat therewith the samen never being yet repealled by any Act of Parliament whatever Violations or Subversions have been made thereof by unjust streatches and Court Recommendations whereby persons have been thrust into that Office whose Inclinations not Education did never Level at the meanest Imployment in that Court. And it arrived to that height of Indifference what persons were admitted to that Office that it was the ordinar Assurance to such as the Court intended to gratifie that they should either be one of the Lords of Session or a Captain of Foot a pretty Alternative indeed as was lately proposed to a Gentleman to move him to end a Bargan with an then Eminent Statesman 2do Seeing that the puting of Persons in that Office not qualified as said is must inevitably occasion great purloining and delaying of Justice to the prejudice and ruine if not all at least of many who shall come to have Dependencies before them If it be not therefore the Concern of the States and People that not only the said Law be brought in Observance but some new Sanction superaded thereto that may make the samen more effectual And in special that seeing we are now come to that consistance as to have many Subtilities and Niceties both in our Statutes Customes and Practicks that none be admitted to the saids Offices but such beside what is above mentioned as have also been Legally admitted Advocats according to the usual forms of Tryal and have practised several years therein Candidly and with that Integrity and Ability which ought to be Indispensably requisite in