Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	day_n	time_n	week_n	12,399	5	9.7424	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

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

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 LICENSED April 1. 1689. James Fraser LONDON Printed for Ric. Chiswell at the Rose and Crown in St. Paul's Church-Yard MDCLXXXIX A ABREVIATE Of the STATE of SCOTLAND In its Government Supream Courts Officers of State Inferour Officers Offices and Inferiour Courts Districts Jurisdictions Burroughs Royal and free Corporations THE Ancient Kingdome of Scotland being governed for many Ages by Kings Upon the Death Removal or Incapacity of their Kings or in extraordinary Cases there was always an extraordinary meeting of the Three States who appointed Governours during the inter Regnum or the same States being as the representative of the whole Body called the great Assembly of the Nation Proclaim d a King who being King by Vertue of the whole Bodies proclaiming of him King called a Parliament or more ordinarily a Convention of States who had not power tho' they were the same Members that Constitute a Parliament to make Laws but only to lay impositions upon the Subjects for some exigences A King being once thus proclaim'd vertute officii Coronae inherent to the Office though it wants the Ceremony or Solemnity of Coronation Names the Officers of State Greater and Lesser grants Commissions to the Judges fit for every Soveraign Court Inferiour Courts and Jurisdictions and grants Commissions to the Officers of the Crown of the Army the Lyon Herauld Governours of Forts and all other Inferiour Officers in Civil and Military Assairs c. Sometimes the King calls a Parliament which is the great Council of the Nation to Crown him and to make Laws to corroborate or ratifie the old wholsome Laws something in desuetude which makes them New Laws because when in desuetude and not put recently in Execution the penalty incurr'd is become so Universal to the Nation that the Execution in that case of them would prove dangerous Thus a Parliament lawfully called hath the Chancellor to preside if no Chancellor they choose their Preses the Register and the Clerks of Session his Deputies are Clerks of Parliament and the same are as to a Convention But a general Meeting of the Three States choose their Preses Clerks and other Officers and Servants except such as are heretably so In time of Popery when not only our Kings but all in Europe had enslaved themselves to the Court of Rome there was no Oath which tyed King and People to the True Apostolick Doctrine and Worship Yet when Scotland was Reformed and the Protestant Religion established by Law there was an Oath enjoyned and always taken by the King except of late for professing and maintaining the same Religion and our Kings were never used to come to any part of the Regal power till they took this Oath The Officers of State in that Kingdom are Eight in Number The Great Officers are The Lord High Chancellor who is President in all Courts he sits in except the Thesaury and Exchecquer he has a Pension and a Sallery The Lord High Thesaurer or Commissioners who presides only in the Thesaury and Court of Exchecquer A Pension and a Sallery The Lord Privy Seal Keeper thereof the Emoluments thereof The Lords Secretary one or more who most ordinarily attends at Court A Pension and the Emoluments of the Office. The Lesser Officers of State are The Lord Register who is keeper of the Register and Rolls of Parliament c. being a place of the greatest trust and Emoluments in that Kngdom and is ordinarily a Lord of Session and has a Sallery likewise The Lord Advocate who advises and pleads all the Kings Causes c. a Pension and Emoluments The Lord Justice Clerk which though a very Old Office has no Emoluments but a Pension The Lord Thesaurer Deputy who has the same Emoluments in his degree with the Thesaurer and presides in the Thesaury and Exchecquer in the Thesaurers absence both have pensions The Officers of the Crown besides the Officers of State are The President of the Council and so takes his place next the Chancellor a Pension Collectors General Master of Requests Directors of the Chancery which is an Old and Honourable Office the Emoluments of the Office. The Director of the Rolls The First Supream Court of the Nation is the PARLIAMENT IN this Court which is so called by the Kings Proclamation in needful places The King himself sits immediately upon a Throne under a Canopy of State or in his absence since King of England by his Commissioner and this Court consists of three States In time of Popery the Bishops and Miter'd Abbots made the first State but since of Arch-Bishops and Bishops sometimes the Nobility and Gentry the Second the Burroughs the Third though there be Persons that urge good Arguments to maintain that the Nobility the Gentry who are represented by certain Commissioners from each Shire and the Commssioners from Burghs c. with the assistance of a General Assembly sitting makes the three States of Parliament The King or his Commissioner with the three States the day of their meeting ride in their Robes and foot Mantles with their Attendants from the Kings Palace in a Parliamentary way the meanest State by way of precedency by two and two riding formest so by degrees and the King or his Commissioner last to the Parliament House then the King or his Commissioner is conducted to the Throne Prayer being said after all placed the Rolls are called the Court fenced the King if present tells them the reasons of calling them or the Commissioner by the Kings Letter presenting of his Commission and by a Speech to the Parliament tells the reasons of their meeting next they choose the Lords of the Articles but the old Form is altered for one State used to choose eight out of another State which being thirty two with the eight Officers of State makes forty but now by Act of Parliament it s settled that the King or Commissioner choose the eight Clergymen the Nobility choose their own eight and those sixteen choose eight of the Barons and eight of the Burgesses which way of choosing of the Members of the Articles would insinuate a fourth State besides Officers of State or else one of these called the States would seem to be superfluous or at least not essentially necessary to constitute a Parliament which would make the foresaid Argument good This is all that is done the first day and so they ride in the same order to the Kings Palace The next day or sometime that afternoon the Commissioners meets with the Lords of the Articles to prepare matters brought into the Parliament When any thing is past in the Articles and Parliament by the Major Vote the King or Commissioner touches it with the Scepter which imports the Kings consent without which it is of no force and their Votes they approve or not approve or say non