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cause_n great_a place_n see_v 2,893 5 3.1798 3 true
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A24696 An Account of the affairs of Scotland, in relation to their religious and civil rights 1690 (1690) Wing A230; ESTC R11870 30,717 40

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Jury yet being taken upon Oath in absence of the Party concerned to suggest any thing for clearing of himself the private Informers became engaged to hold by what they had once Declared under the pain and disgrace of Perjury by this Instruction which is fuller than the Grievance His Majesty consents to secure His Subjects from such Inquisitions But in regard of the Machinations and Plots which may be necessary for the Government to be discover'd at this present Juncture therefore His Majesty doth Remit to the Parliament to Consider what is proper at this time that they might fall upon some Temporary Remeid as the Parliament of England had done in relation to the Habeas Corpus or Suspending the Commensment of this Law for some time Article 5. Grievance THat Assises of Error are a Grievance and that Juries be considered by Parliament This Article is answered by the Seventh Instruction Instruction 7. YOu are to pass an Act either to take away Assises of Error or otherwaies that they shall take place as well against the Jury that Condemns as against the Jury that Assoilȝies any Pannel By the Law and Custom of Scotland the Criminal Judge doth Cognosce and Determine the Relivancy of an Indictment and the Jury doth only Consider the Probation adduced and give their Verdict whether the Pannel be guilty or not guilty And this is a singular Custom in Scotland that when upon the Juries Verdict the Pannel or Party Accused is Absolved that Jury was liable to be Conveened before a Grand Jury and the persons might be found Guilty as Temere Jurantes super Assisam for acquitting the Criminal but in case they did Condemn the Jury was not liable to an Assise of Error This hath been introduced in the simplicity of ancient times when Juries were more prone to Mercy than Severity because it was presumed no Man would pass upon a Jury willingly to Condemn his Neighbour if he did thereby expose himself But in the latter times this has been found a great Inconveniency and Juries may be affrighted and impos'd upon to Condemn Persons because the King's Advocate may Protest for Assise of Error in case they acquit whereas they are secure if they Condemn and therefore the King hath consented that the Parliament make their own choice whether they will take away Assises of Error in all cases or if they will make Juries liable for Condemning as well as acquitting Pannels Article 6. Grievance THat the 18 Act of Parliament 1681. Declaring a Cumulative Jurisdiction is a Grievance This Sixth Article of the Grievance is answered by the Eighth Instruction thus Instruction 8. YOu are to pass an Act Rescinding the Eighteenth Act of Parliament 1681. Asserting the Prerogative in point of Jurisdiction This Sixth Article of the Grievances and Eighth Instruction in Answer thereto will be best understood by the Act it self to which they relate Follows the Act. ACT Asserting His Majesty's Prerogative in point of Jurisdiction September 16. 1681. THe Estates of Parliament considering That all Government and Jurisdiction within this His Majesty's Ancient Kingdom of Scotland does originally Reside in His Sacred Majesty His Lawful Heirs and Successors And though His Majesty and His Royal Predecessors have bestowed Offices and Jurisdictions upon severals of His well deserving Subjects yet these are not privative of His Jurisdiction They do therefore in a dutiful and humble Recognisance of His Majesty's Royal Right and Prerogative as to this Point Declare That notwithstanding of these Jurisdictions and Offices His Sacred Majesty may by Himself or any Commissionate by Him take Cognisance and Decision of any Cases or Causes He pleases Shortly after this Act there was a Commission under the Great Seal to the Lords of Session rendring their places Arbitrary and ad placitum in which the Lord Stair President of the Session Lord Newbyth and others were left out These the King hath now restored to their places according to his Declaration and even Heretable Jurisdictions were invaded and not only matters Civil but the highest Points of Criminal Jurisdiction were committed to Souldiers and other persons who were impowered Summarly to Execute to the Death free Subjects without any Formality of Process or Jury and many persons were taken off that way whereby the ordinary Legal Judicatures might be rendred ineffectual And the King had Power to Judge every Scots-man either for his Life or Fortune by himself or such persons as he pleased to appoint and to Avocat Causes to be Cognosced by his Courtiers at Whitehall This gave the King the greatest latitude of Arbitrary Power imaginable and more than is practised in any place of Europe And when such Laws are once Established in favours of the Crown we seldom see Princes willing to Renounce them but only to moderate the Execution in ordinary Cases reserving always the Power and Capacity to themselves But by this Instruction our King was willing to part with this extravagant Power and it is matter of Surprise that He was not taken at His Word Article 7. Grievance THat the Commissariot Courts as they are now Constitute are a Grievance This is Answered by the Ninth Instruction Instruction 9. YOu are to pass an Act for Regulating the Abuses in the Commissary Courts and all other inferiour Courts The Commissars were a most Antient Constitution the Nomination of them was committed to Church-men but after the Reformation the Bishops being excluded the Nomination of the Commissars did fall to the King and after the Restitution of Episcopacy in Anno 1606 the Nomination of the Commissars was given to the Bishops as their Officials and they are the sole Judges in the first Instance of Scandal Matrimony Divorce and several other Matters which have alwaies been reserved in the hands of the Clergy as the Confirmation of Testaments and ordering the performance of the Wills and Legacies of the Defuncts and the Provisions of Relicts and Orphans In this Grievance it is Represented That there are Errors according to the present Constitution of this Court yet these Errors are not specified nevertheless the King remits it to the Parliament to Rectifie whatsoever they thought amiss in this Court and the Instruction is much larger than the Grievance for thereby the King Remits it to the Parliament to Regulate all inferior Courts Article 8. Grievance THat the 27 Act of the Parliament 1663. Giving the King power to Impose Custome at His Pleasure upon Forraign Import and Trade is a Grievance and prejudicial to the Trade of the Nation This is Answered by the seventeerth Instruction Instruction 17. YOu are to endeavour to procure an Act or Acts for the encouragement of Trade and if the 27 Act of the Parliament 1663 be found inconvenient it may be Regulat or Rescinded and when the Proposals are Adjusted you are to transmit them to Vs that you may receive our Instructions thereaneut For the better understanding of this Grievance I have set down the Act it self ACT Asserting His Majesties