Selected quad for the lemma: state_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
state_n	council_n	king_n	privy_a	1,162	5	9.8102	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

King with a yearly Pension and ought to be a bred Souldier being a place of great Trust in that Sphere The Lyon-Office The Lyon King at Arms has his Commission ample from the KING with great Priviledges Immunities and Emoluments and as it is most Antient so it is a most Honorable Place The Lyon Clerk. The Lyon Heraulds The Pursuvants The Lord Lyon with those makes a Court and issue Precepts relating to their own Court and Jurisdiction and have the Fees and Emoluments of their Offices The Messengers have their Commissions from the Lord Lyon and are convened for Faults Convict Sentenced and Punished or Deprived by this Court but the creating of too many ignorant Messengers contrary to the old Law is a great Inconveniency and Oppression to the Nation So that this Crew and the number of them should be regulaer and conform to the old Law for the fourth part of Messengers now in Scotland might serve Mint-House Officers The General of the Mint The Master of the Mint-House The Warden thereof The Sey Master thereof The Clerk and many other Inferiour Officers They have their Fees and Emoluments This Office has been much abused of late by the evil management of the Bullion and Coin. The Kings Ordinary Servants anent his Health Two Physicians in Ordinary with Pensions they serve the King's Commissioner One Apothecary One Chyrurgion One Almoner More of Honour than of Profit since our King liv'd in England only they have small Pensions and are free of all publick burdens as all the Kings other Servants are The Bishops when in being have their Commission or Congydelier from the King which is only but the Kings consent to the Dean and Chapters election of fit and qualified Persons for the Offices in their several Sees which is the granting of the consent before the Election real For this Election being of a long time but a Sham because the King Orders the choosing such a Man the person named being recommended by a Court Minion whether good or bad the King hardly knowing him So that the Clergy themselves having been imposed upon of a long time as well as other people proves a check in that Kingdom since the power of the General Assemblies was taken away and the power thereof centered in one man in every Diocess They constitute their Commissaries who keep their Courts with their own Clerks except where the King has the making of Clerks The See of St. Andrews being divided and the Bishopwrick of Edinburgh taken out of it by King James VI. they have the naming of the four Commissaries of Edinburgh equally between the two Bishops but all those Commissary Courts which formerly were constituted for patronage and provision to the Widow and Fatherless are proven a burthen to both those and the Leiges by their exactions and quot and confirmation Money for Testaments though there were never so little lest by the defunct to his Wife and Children and generally the People in Scotland seldom agree with Bishops for their Commissary-Courts and many even sober neutral unbiased and unprepossessed of the difference of Church Government think that a well constitute moderate Presbyterian Government that had not power to meddle with matters of State or Superintendency either by Speech or in a Pulpit which was the first Government after the Reformation and was established in other well governed Countries would agree and sute better with that peoples constitution and these Governments and their Constitutions may be writ of a part if judged convenient The King appoints a chief Ranger of his Forrests and Keepers of his Parks but some have monopolized the Kings benefit by the pretension of having those things heritable by a long Tract of their possession A List of the Inferiour Officers in Scotland who have their Commissions from the King or of late from the several Officers of State other persons or Corporations Places derived by Commissions from the King still One or Two Solicitors or Agents for the King A Pension Two Clerks to the Privy Council Emoluments of that Court. Two or Three Receivers or Cash-keepers A Pension Conservator in the Low Countries Pension and Emoluments One or Two Post-Masters General and Letter Offices chiefly in Edinburgh and other places Emoluments and a Pension This Office would be extended through all the Kingdom Clerks to the Treasury Emol Two Clerks to the Exchecquer Emol Register to the Thesaury Emol Presenter to the Signatures Emol Clerk to the Admiral Court Emol Several Sheriffs Clerks Emol Some Commissary Clerks Emoluments Collectors to the Customs but that Office would be better regulated in a Commission to the benefit of the Nation and the publick Revenue which can be made appear to a demonstration and it has several depending Officers Emoluments Chamberlain to the Crown Rents of the Earldome of Ross and Lordship of Ardmeanach This Office in some Hands has been a vast Burden to the Fewers and less benefit to the King A Pension The Chamberlain of the Crown Rents of Orkney and Schetland A Pension Collector to the Annuity of Teynds none for present Surveyer General A Pension Clerks to the Cocquets in some places Casualities Collectors of the Church Teynds if brought in to the Exchecquer by which great benefits might be made and the Clergy sufficiently provided not in being as yet Clerk to the High Commission if it continue Casualities Writer to the Privy Seal Casualities Usher to the Exchecquer Casualities Counter of the Thesaury Pension The Kings Printer Emoluments Master of the Revels Emoluments The Kings Barber Taylor Sadler Shoemaker c. Pensions Sadler to the Artillery Emoluments and small Pension Kings Smith Kings Mason Pensions Kings Wright or Joyner and many others of this Nature all have Pensions Dependers on the Lord Chancellor in his Office. Appender of the Great Seal Emoluments The Cashiate Emoluments The Purse Bearer The Mace Bearer Both Pensions The Keeper of the Inner-House Roll and concluded Causes Emol Dependers on the Thesaurer or Commissioners and Thesaurer Deputy All the Inferiour Officers in and about the Thesaury and Exchecquer The Farmers of Kings Customs if in being The Collectors of Excise and all other Inferiour Collectors of the Kings Rents and Revenues all have Pensions and Casualities Dependers on the Lord Privy Seal The Keeper of the Privy Seal only Farmed Dependers on the Secretaries of State. The Keepers of the Signet one or more and their Deputies Allowance of Pension All Writers to the Signet Fees of their Imployment All Signatures that pass under the Kings Hand before they come to the Exchecquer are Signed and Docked by the Secretary and he is to be answerable for what he Docks and Signs notwithstanding that the King superscribes The dues for Docking only which is five Pound Their own Deputies and Servants in their Office. Several others have their Commissions that way Places depending upon the Lord Register bringing Vast Casualities by their Enteries The Six Clerks of Session who are Clerks to the Parliament

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