Selected quad for the lemma: lord_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
lord_n james_n john_n sir_n 63,767 5 6.8706 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A50913 A vindication of the government in Scotland during the reign of King Charles II against mis-representations made in several scandalous pamphlets to which is added the method of proceeding against criminals, as also some of the phanatical covenants, as they were printed and published by themselves in that reign / by Sir George Mackenzie ... Mackenzie, George, Sir, 1636-1691. 1691 (1691) Wing M213; ESTC R11146 43,490 68

There is 1 snippet containing the selected quad. | View lemmatised text

Fortnights and even during that Fortnight most men pay'd for their Quarters nor was there any more Surety sought at least from Masters and Heretors than the ordinary Surety of Law-borrows by the very style whereof any private Man may force another by the Law to secure him against all Prejudices from his Men Tennents and Servants and others of his Command Out-hounding and Ra●ihabition And that the King had great reason to be jealous of their breaking the Peace appears fully from the Reasons above Represented and when this Surety was thereupon approv'd by Parliament by which it was Enacted that Masters should be liable eithr to remove their Tennents from their Lands or to present them to Iustice It prov'd a most advantageous Remedy for settling the Nation to the great advantage both of Master and Servant this alternative securing the Master from many hardships and ingaging his Servants to obey him as he was obliged to obey the King and keep the Peace As to the Cumulative Iurisdiction so much complain'd of because it gives the King a power to name Sheriffs and other Inferiour Iudges who may have an equal share in the Administration with those who had the sole Heretable Iurisdiction formerly whereby it is pretended the Property of the Subjects was invaded It is answered that Heretable Iurisdictions are of themselves very little to be favour'd because the Heir must be a Iudge both in Matters of Life and Fortune though he want Probity or Knowledge in the Law and the Interested Superiours or over-Over-Lords had thereby the unfortunate poor Vassals absolutely at their Devotion and therefore by an old Law in K. Iames the 2 ds time there was an Act made discharging all Heretable Iurisdictions without consent of Parliament and Sir Iohn Nisbet upon these and many other good Reasons advised that all the other Heretable Iurisdiction because almost all granted since that time should be Repealed and yet though these Heretable Iudges refus'd to concur in putting the Laws against Field-Conventicles and Armed Insurrections in Execution or conniv'd at them whereby they grew very formidable the Council unwilling to take away these Iurisdictions totally chose rather to name others to sit with those Iudges or to supply their absence if they refused to come but there-after S. G. M. succeeding as Advocate to prevent all Debate advis'd the bringing this point to the Parliament to the end that that procedure of the King's Council might be either Vncontravertedly Legal if acquiesc'd in or let fall if refus'd and accordingly the Parliament having pass'd it into an Act it seems great Malice and Ignorance to call this Illegal and it being founded upon such just and solid Reasons it seem'd as strange why it should be thought severe and never Lawyer spoke against it except those who had Heretable Iurisdictions It were unreasonable that the King should complain of what he consented to in Parliament in favours of his Subjects and so it must be likewise concluded unreasonable that the Subject should complain of this point which they have granted to the King especially seeing it is more in favours of the Subjects than of Him it being a strong Bulwark against great Mens oppressing of their Vassals and Inferiours and therefore I cannot see why the Inferior sort should be so dull or unreasonabe as to complain of it But notwithstanding of this Clamour and abstracting even from this Act it is still maintain'd by the Advocate that all Lawyers and particularly our Learned Craig in his Book De Feudis assert that the Superiour has still an Accumulative Iurisdiction with his Vassal as to the point of Iudging for tho' he delegate a Jurisdiction for his Conveniency yet that is not exclusive that being a quality which still adheres as Craig says however Sir George Makenzee Advocate advis'd to stop all Clamours that the Heretable Iudge might still have the Casualties so that his Property could not be said to be invaded and lest this might be drawn to the Session as is ridiculously pretended the Act is only made Relative to Iurisdictions given by his Majesty to his good Subjects which can in no sense fall under the Cognizance of the Session i. e. the Iudges As to the Act made in Council allowing Souldiers to kill such as refused to own the King's Authority It is answer'd that there being many Proclamations issued out by the Dissenters declaring That the King had forfaulted his Right by breaking the Covenant and that therefore it was lawful to kill him and those who serv'd him Many accordingly being kill'd it was thought necessary by some upon the fresh news of Murdering some of the King's Horse-Guard at Swyn-Abbey in their Beds to terfy them out of this Extravagancy by allowing the Soldiers to use them as in a War in which if any call For whom are you and the others owning that they were for the Enemy it is lawful then to kill And thus they felt their Folly and the necessary effects of their Principle and yet still it was ordered That none should be kill'd except those who were found in Arms owning that Principle of Assassination and refusing to clear themselves of their having been in Accession to the declaring of War which they had then begun nor were these kill'd but when their deliberate refusal could be proved by two Witnesses But that it may plainly appear that no more was in all this intended by the Governours than to secure the Publick Peace by terrifying those Assassines who had so manifestly invaded it Secret Orders were given that this should not last above a fortnight and that none should be kill'd except those who were found in the publickly printed List of declar'd Rebels who may be kill'd by the Laws of all Nations and but very few even of those Rebels were kill'd tho' this has been made the Foundation of many dreadful Lies This mischief was intolerable in it self and we desire to know how it could have been otherways remedied for the Law must find Cures for all Mischiefs and these who occasion'd them should of all others be least allow'd to complain After the terrour of that procedure had much cooled the Zeal of Assassination for a time it took new fire and several Proclamations for disowning the King's Authority and Murthering his Servants were posted upon all Church Doors and Mercat-Crosses so that no man who served the King could know whether or not his Murtherer was at his elbow and they had reason to look upon every place as their Scaffold Whereupon the Advocate being desired to raise Processes against some who owned those Pernicious Principles he prevailed with the Council to ask the Opinion of all the Iudges upon this Quaery viz. Whether any of his Majesties Subjects being questioned by his Majesties Iudges or Commissioners if they own a late Proclamation in so far as it does declare War against his Sacred Majesty and asserts that it is lawful to kill all those who are employed by