Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	justice_n	law_n	3,065	5	4.7299	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A58640	The laws and acts of the first Parliament of our most high and dread soveraign Charles the Second ... holden at Edinburgh the first of January, 1661 by a noble Lord, John, Earl of Middleton ... with the special advice and consent of the estates of Parliament / extracted and collected from the records of Parliament by Sir Archibald Primerose.; Laws, etc.	Scotland.; Primrose, Archibald, Sir, 1616-1679.	1661 (1661)	Wing S1271; ESTC R30550	109,236	124

Parliament of this Kingdom by their several Acts of the eleventh and twenty fifth of January last have from the sense of their humble duty and in recognisance of His Majesties just Right Declared That it is an inherent Priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of Estate Privy-Councellors and Lords of Session That the power of calling holding and dissolving of Parliaments and all Conventions and Meetings of the Estates doth soly reside in the Kings Majesty His Heirs and Successors and that as no Parliament can be lawfully kept without the special warrand and presence of the Kings Majesty or His Commissioner So no Acts nor Statutes to be past in any Parliament can be binding on the people or have the Authority and force of Laws without the special approbation of His Majesty or His Commissioner interponed thereto at the making thereof That the power of Armes making of Peace and War and making of Treaties and Leagues with Forreign Princes or States or at home by the Subjects among themselves doth properly reside in the Kings Majesty His Heirs and Successors and is their undoubted Right and their's alone And that it is high Treason in the Subjects of this Kingdom or any number of them upon whatsoever ground to rise or continue in Armes to maintain any Forts Garisons or Strengths to make Peace or War or to make any Treaties or Leagues with Forreigners or among themselves without His Majesties Authority first interponed thereto That it is unlawfull to the Subjects of whatsoever quality or function to convocat conveen or assemble themselves for holding of Councils Conventions and Assemblies to Treat Consult and Determin in any matters of State Civil or Ecclesiastick except in the ordinary Judgements or to make Leagues or Bonds upon whatsoever colour or pretence without His Majesties special consent and approbation had thereunto That the League and Covenant and all Treaties following thereupon and Acts or Deeds that do or may relate thereunto are not obligatory nor do infer any Obligation upon this Kingdom or the Subjects thereof to meddle or interpose by Armes or any seditious way in any thing concerning the Religion and Government of the Churches in England and Ireland or in what may concern the Administration of His Majesties Government there And that none of His Majesties Subjects should presume upon any pretext of any Authority whatsoever to require the renewing or swearing of the said League and Covenant or of any other Covenants or publick Oaths concerning the Government of the Church or Kingdom And that none offer to renew or swear the same without His Majesties special warrand and approbation c. I do conform to the Acts of Parliament aforesaid Declare That I do with all humble duty acknowledge His Majesties Royal Prerogative Right and Power in all the particulars and in the manner aforementioned and that I do heartily give my consent thereto by these presents Subscribed by me at XII Act concerning the Judicial proceedings in the time of the late Vsurpers FOrasmuch since the year of GOD one thousand six hundred and fifty one the late Usurpers did take upon them to establish Judicatories superior and inferior within this Nation as Judges for Administration of Justice in place of the Judicatory of the Session formerly established by Law Commissioners for the Admirality Sheriffs of Shires Commissars Justices of Peace and other inferiour Courts In which Courts the people did in name of the Usurpers or under the notion of the Keepers of the Liberties prosecute and defend their several Causes and Interests these many years past And His Majesty considering that the matters agitate pursued and concluded were for the most part things of course belonging to the ordinary Judicatories formerly established in this Kingdom and being unwilling that the people should be put to any further trouble where Matters have been acted and Cases determined according to Law Therefore His Majesty with consent of the Estates of Parliament Declares That all and whatsoever Acts Interloquiters Decreets and Sentences made pronounced and given forth by the saids Courts superiour and inferiour with all execution thereupon and all execution by Horning Inhibition Caption Comprising Poynding and others to have been and to be valid and stand in full force notwithstanding of the unlawfulness of the Authority by which these Courts were held and the execution used But because the Judges or Commissioners for Administration of Justice did sometimes proceed in an arbitrary way contrair to Law and Justice and at other times many of them being strangers and ignorant of the Law did proceed unwarrantably and unjustly betwixt parties Therefore His Majesty with consent foresaid doth Declare That whatsoever person or persons hath any just reason to quarrel their Acts Interloquiters Decreets and Sentences they are hereby warranded and allowed to do the same without any Reduction or Suspension within the space of one year next after the down-sitting of the Session And if parties complainers be Minors within the space of year and day next after they shall attain the age of twenty one years compleat Parties alwayes being lawfully cited thereto And if any person or persons be charged under the pain of Horning Suspension shall be granted to them upon Caution or if they be not able to find Caution super cautione Juratoria And if it shall be found that the Complainer doth without any just ground unnecessarly vex the party complained upon in that case the Lords of the Session are hereby authorized to determine the parties damage and charges to be paid by the unjust Complainer Likeas all Decreets before the saids pretended Commissioners for Administration of Justice whether given in absence or parties compearand are hereby allowed to be brought in question revised and recognosced in manner foresaid And whereas there be many Processes as yet depending undecided upon Summons and Letters raised in the saids Usurpers names the same Processes shall be all wakned in His Majesties Name and be put to a final close by the Lords of Session as if they had been intended from the beginning in His Majesties Name and Authority And whereas any Acts or Decreets have been made or given forth in the Admiral Courts or any other inferiour Courts the same may be brought in question before the Lords of Session in the same forme and manner as was formerly established by the Law and Practick of this Kingdom And forasmuch as the said Usurpers did from time to time nominate and appoint Commissioners of Exchequer having the same power to passe all sorts of Writs Signators and others and to discusse Processes and Suspensions in the same manner as His Majesties Treasurer and Commissioners appointed by His Majesty had power to do Therefore His Majesty with advice and consent foresaid for the good and case of His people under the provisions underwritten doth Declare all and whatsoever Writs

granted thereof but upon consignation of the sums contained in the Sentences and by finding Caution for paiment of the charges at the modification of the saids Lords The saids Commissioners at the end of every Quarter Session shall send to His Majesties Council a Catalogue of all such persons as they have either committed or otherwayes put under surety with a short Abbreviate of the cause thereof to the effect that thereupon the Council as they shall think expedient may return to them against their next Session or to the Custos Rotulorum in the mean time their further directions The saids Justices shall put in execution all Acts of Parliament made for punishing all persons whatsoever who shall Curse or prophanely Swear or shall be Mockers or Reproachers of Piety or the exercise thereof and shall require and levy upon every Offender the several penalties following viz. Of a Nobleman twenty pounds each Barron twenty merks each Gentleman Heritor or Burgess ten merks each Yeoman fourty shillings each Servant twenty shillings Scots money each Minister the fifth part of his years Stipend without prejudice to other proceedings against any such Minister for the same And in any of all the cases before specified in this Instruction the saids Justices shall put in execution all such Laws as for Corporal punishments have any provisions mentioned in them for such cases And in case of the inabilities of the parties Delinquents to pay the sum mentioned in this Instruction the saids Justices shall put in execution such Laws as for Corporal punishments have any provision mentioned in them for such cases and that the Wives Delinquents shall be punished according to the quality of their respective Husbands and that their Husbands be lyable for the paiment of their Wives Fines respectively in manner above-mentioned toties quoties for each fault And all others whatsoever not particularly herein nominate are to pay in proportion to their respective qualities and degrees And also the saids Justices are to put in execution the Acts of Parliament made for the punishing of all persons that shall be found guilty of the sin of Fornication and that they levy or cause to be levied the several pecunial sums therein mentioned viz. For each Nobleman for the first fault four hundred pounds each Barron two hundred pounds each other Gentleman and Burgess one hundred pounds every other person of inferiour quality ten pounds Scots money and that these penalties shall be doubled toties quoties according to the relapses and degrees of the Offence and quality of the Offenders And that the said penalties shall be levied not only of the Man but also of the Woman according to her quality and the degree of her offence the one without prejudice of the other All and sundry which penalties so to be levied are to be disposed of as followeth To wit one half to pious uses in the same Paroch where the Offenders live or the offence hath been committed and the other half to be divided in two equal parts one part whereof to be given to the Informer and Prosecutor and out of the other half to satisfie the Constable or other persons who shall be imployed for bringing the person accused to Justice and the remainder to be disposed of to pious uses or to satisfie the Constables for their travel and service in other parts of their office according as the Justices shall think fit That the Justices shall put the Acts of Parliament in execution for the punishing of all persons found guilty of the sin of Drunkenness or excessive Drinking especially under the names of Healths or haunting Taverns or Ale-houses after ten of the Clock at night or at any time of the day except in time of travel or for ordinary refreshments As also against the keepers of the Taverns or Ale-houses that shall sell the drink unto them Which Penalties in the saids several Acts contained the saids Justices are to levy or cause to be levied upon the saids Delinquents and the saids penalties are to be disposed of by the saids Justices in like-manner as aforesaid The saids Justices shall put in execution all Acts of Parliament made against such persons as shall Profane the Lords-day and require or levy the penalties therein contained which penalties foresaid the saids Justices are to dispose of in like-manner as aforesaid And at what time and whensoever one shall accuse another person or persons to be guilty of Treason Murder or other Fellony Blasphemy Incest or any other hainous Crimes in such cases the said Justice or Justices shall forthwith cause such person or persons to be apprehended and after inquiry made in the cause the said Justice or Justices if they find cause shall commit the Offender to prison or take sufficient Bail if the case by the Law be bailable and shall take the information of the Party accusing upon oath and bind him to prosecute and shall take the testimony or deposition of the witnesses likewise upon oath and bind them to give in evidence and shall also take the examination of the party accused All which Recognizances Informations Depositions and Examinations the said Justice or Justices shall certifie to the next Quarter Session Assizes or Criminal Courts respectively to the end the Justice may proceed against them according to the Law And if any Nobleman Barron or Baily or any in their names having power shall acclaim the right of Jurisdiction to proceed against any Delinquent apprehended by a Constable for any Capital crime Then and in that case any of the Justices shall receive security of the said Party who required the Defender to be delivered to him that justice shall be duely ministred and then shall cause delivery of the said person to be made to him and the said Justice of Peace at the next Session shall certifie the whole matter to the Bench to the effect they may enquire whether justice hath been accordingly ministred and if any fault be found to advertise His Majesties Council that order may be taken therewith The saids Justices shall twice in the year at the first of December and the first of June take up a list of the Poor in every Paroch within Burgh or Land into which number there shall no person be received who are any way able to gain their own living and to the effect these Poor may no longer be necessitate to seek their living with such hardship and difficulty by scandalous vaging as hitherto they have been in use of the Justices shall appoint two or more persons of good same and quality in every Paroch to be Overseers for the Poor in each Paroch aforesaid and to authorize the said Overseers to make due tryal and examination of the condition and number of such Poor Aged Sick Lame and Impotent inhabitants of the said Paroch who of themselves have not to maintain them nor are able to work for their living as also of all Orphans and other poor Children within the said Paroch who are

advice foresaid Discharges all Regraters and Forestallers of Mercats of Wool and that no Merchant nor person whatsoever buy and keep up Wool to a dearth but that they bring the same to be sold in open Mercats under the pains contained in the Acts of Parliament made against Regraters and Forstallers And in regard there is much deceit by wrapping up of Wool in the Fleece by putting Stones Sand and other insufficient stuff in the same It is hereby Declared that all such Wool shall be confiscat the one half to His Majesties use and the other half to the use of those who shall apprehend discover and pursue the same Likeas His Majesty for the further incouragement of the saids Manufacturies Doth with advice foresaid Discharge all Quarterings or Levying of Souldiers upon Manufacturies or the Masters thereof and that no person whatsoever entise resset or entertain any of the Servants or Apprentices of the Manufacturies without consent of their Master under the pains contained in the Acts of Parliament against Coal-hughers Salters and their Ressetters And for the further improving of the saids Manufacturies His Majesty with consent foresaid Doth hereby Impower the Masters Erectors or Entertainers of Manufacturies to meet by themselves for making of Ordinances for the good and advancement of their Trade for the right ordering of their Servants and for the sufficiency of their Stuffs Cloath and others and choose one of the most expert of their number for visiting of their work that a Mark or Seal may be put upon it distinguishing what is sufficient and what not And because many things may occur hereafter which may be necessary for advancement of Manufacturies Therefore His Majesty with consent foresaid Doth Impower the Lords of His Majesties Privy Council or Exchequer or such as shall be appointed by His Majesty during this present Parliament or thereafter to consider such Overtures as shall be offered for the good of Manufacturies and to make such Orders and grant such further Liberties and Priviledges to them as they shall think just It is alwayes Declared that it shall be free and Lawfull to His Majesties Treasurer and Commissioners of Exchequer as they shall find cause to grant licence for exporting of Wool and Skins any thing in this Act to the contrary notwithstanding XLI Act for Planting and Inclosing of Ground OUr Soveraign Lord considering how many laudable Laws have been made by His Majesties Royal Progenitors for Parking and Inclosing of Ground and Planting of Wood and for preserving of the same and finding the great prejudice hath followed upon the not due observance of so notable and necessar Laws And how expedient fit and necessar it will be for the good of this His Majesties ancient Kingdom especially for Shipping and Building that Timber be Planted and how advantagious it is for the increase of Corns and Cattell and the sowing of Lint and Hemp for Manufacturies that Parking and Inclosings be made Doth therefore with consent and advice of His Estates of Parliament Revive the ninth Act of the fourth Parliament of King James the first of blessed memory Entituled An Act for Planting of Woods Forrests and Orchards and all other Acts made for that effect by His Majesty or any other His Royal Predecessors and Ordains the same to be put to execution in time coming conform to the Tenor thereof in all points with this addition Likeas His Majesty with advice of His saids Estates of Parliament Doth hereby Statute and Ordain that every Heritor Liferenter and Wodsetter according to the qualifications under-written within his said ancient Kingdom of Scotland worth one thousand pounds of yearly valued Rent shall inclose four Aikers of Land yearly at least and Plant the same about with Trees of Oak Elme Ash Plain Sauch or other Timber at three yards distance And that all other Heritors of greater or lesse Rent nor the said sum of one thousand pounds money foresaid do Plant Inclose and Ditch yearly moe or fewer Aikers according to their respective Rents for the space of ten years next ensuing and that of such Lands as the Heritors shall think most fit for Planting and capable for Inclosing to be also Planted Ditched or Inclosed in manner foresaid and that the saids Heritors begin to Plant Ditch and Inclose the said ground at the feast of Michaelmesse next to come and uphold the same in time coming And for the further incouragement of the saids Heritors Wodsetters and Liferenters to go about the ready observance of the said Act liberty and power is granted to them at the sight of the Sheriffs Stewarts Lords of Regalities Barrons and Justices of Peace in their respective bounds to cast about the High wayes to their conveniency providing they do not remove them above two hundred ells upon their whole ground Excepting alwayes herefrom Burrough and incorporate Aikers which are no wayes to be Parked or Inclosed unlesse the Heritors thereof shall think it meet and expedient And where there are Liferenters upon Lands It is hereby Declared that the same shall be done upon the equal charges and expences of the Liferenter and Heritor And in case of Proper Wodsets It is also hereby specially Declared that the same shall be done by the Wodsetter and the charges thereof is and shall be added to the reversion and no wayes redeemable while they make paiment thereof as well as of the sums for which the Lands are Wodset And for the better incouragement of Heritors and for preserving of the said Planting and Inclosures It is Statute and Ordained that whosoever shall cut or break any of the saids Trees not being the Heritors themselves shall pay unto the Heritors or persons wronged twenty pounds for every Tree or if he be not able to pay the said twenty pounds it shall be in the power of the party thereby wronged to make him work six weeks giving him meat and drink allanerly And further it is Ordained that whosoever shall break down the Hedges or Dikes of the saids Parks or Inclosures or be found within the same being a stranger shall be holden and repute a breaker down thereof and pay five pounds for every fault or if he be not able to pay the said five pounds to work ten dayes to the owner of the saids grounds for meat and drink as said is And for the greater incouragement of all persons who shall be vertuously inclined to Ditch Inclose or Plant their ground in manner foresaid His Majesty with consent above specified hath Declared and by their presents Declares such parts and portions of their said ground as shall be so Inclosed and Planted to be free of all manner of Land-stents Taxations or Impositions of whatsoever nature or Quarterings of Horse in the saids Inclosures for the space of nineteen years next after the date hereof and that at the proportioning of the saids burthens the same Inclosures shall be exempted and made free thereof accordingly And also for the better preserving of the saids