Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	act_n	majesty_n	parliament_n	3,702	5	6.9734	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52358	Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.	Nisbet, John, Sir, 1609?-1687.; Scotland. Court of Session.	1698 (1698)	Wing N1170; ESTC R16027	472,476	492

pactum non intervenerit praevia tamen denunciatione ut debita solvat licet pignus alienare cessante debitore in solutionem per biennium post denunciationem Perez Lib. 2. Tit. 8. Plenishing If a Wife be provided to a part of it BY Contract of Marriage a Wife is provided in satisfaction of Terce Third or other part of Movables except the half of the Plenishing of the House the time of the Husbands Decease Whereto it is provided she shall have Right Quaeritur If there be no Free Gear will the Heir be obliged to free the half of the Plenishing Ratio Dubitandi The Contract bears she should have Right and she is in the same case as if her Husband had disponed for an Onerous Cause the Plenishing he should have the time of his Decease And on the other part it seems this Provision should be understood Conditionaliter if there be free Goods And the Clause being an Exception from a Renunciation both the Renunciation and Exception from it ought to be of the Regula and of that which would belong to her if she were not excluded which could only be the free Gear If the clauses do not bear besides the Heirship Quaeritur If she will have Right to the plenishing without Deduction of the Heirship Eadem Ratio Dubitandi Possessor PRocessum ligitiosae possessionis Hispani Interim Galli Recredentiam Belgi Provisionale remedium alii processum informativum appellare solent Budaeus litem vindiciariam Thes Bes in Litera I. 29. verbo interim mittel Possessor bonae fidei fructus consumptos suos facit absolute extantes vero Dominocedunt Possessor vero malae fidei nec consumptos nec extantes suos facit sed Dominus extantes vindicat consumptos vero condicit condictione sine causa Perez lib. 2 Tit. 5. Poinding of the Ground A Lord of Erection having Disponed Teinds and the Reddendo bearing a Sum to be payed for a proportional relief of the blensh duty payable by the Lord of Erection and certain Bolls of Victual to be payed also for his relief to the Minister Quaeritur Will the Minister have action for poinding the ground 2do What will the Superiors poinding the Ground import A Decreet of Poinding the Ground being got against the Heretor for the time and the Tennants Quaeritur If after the Death of the Heretor the Lands may be comprysed for the Bygones from the Appearand Heir without a Decreet of transferring or a new Decreet Answer It is thought there is no need of any other Decreet the Decreet being Really founded which may be recovered against an Appearand Heir and put in Execution by Comprysing or poinding against him Prerogative IF the Question betwixt Roxburgh and Lothian should be determined with respect to his Majesties Prerogative being the Fountain of Honour It is thought that His Majesties Concessions whatever the Subject be should be judged Jure communi And that Jus quaesitum whether as to Honour and precedency or any thing else cannot be taken away upon any such pretence The Prerogative is instar littoris which is defined quo fluctus Hybernus exaestuat So that as the Sea does not go beyond the Shoar when the Sea is most full so the Prerogative and Plenitudo Potestatis does never go beyond Law which is a great Littus and Boundary of just Power The Royal Prerogative is acknowledged and asserted by diverse Laws and Acts of Parliament of this Kingdom But how far the Extent of the same may reach is a point of State and Policy of the highest nature and importance and not to be defined by the Opinions of Lawyers but by the Highest and Legislative Authority The Royal Prerogative is not only asserted in the general by the Laws of the Kingdom but diverse and great Powers Rights and Priviledges belonging thereto are in special declared by diverse Acts of Parliament both in Relation to the Government and in Relation to His Majesties Interest and Questions and Causes betwixt Him and His Subjects As the Power of Calling and Dissolving Parliaments The Choising and Appointing Officers of State and Commissioners and Judges To make War and Peace And that there can be no Meetings to Treat or determine in Matters of State without His Majesties Authority and Warrand And that upon no pretence there can be any Rising in Arms without His Warrand And His Right to Custums And Power to grant Remissions for the Highest Crimes And that the Negligence of His Officers cannot prejudge Him And albeit by the Common Law the Eldest Superior is preferable yet when Lands are holden of diverse Superiors Ward the Marriage of the Vassal which otherwayes would belong to the Eldest Superior doth pertain to the King tho as to the Vassal his latest Superior And by custom albeit the going to a Miln for never so long a time being facultatis doth not import Servitude without a special Astriction yet the repairing to His Majesties Milns by the space of Fourty Years doth induce a Servitude without any other constitution As to which and other points of the Prerogative explained by Law and Custom Lawyers may and ought to give their Opinions in Law But as to Lawyers and Juris-consults it is said Turpe est sine lege loqui ubi leges silent they cannot but be silent And the Laws of Scotland which ought to warrand the Resolutions and the Opinions of Lawyers in Questions concerning the State and Government are only the Statutory Law and Acts of Parliament and the common Law and custom and undenyable practique of the Kingdom As to the Civil Law of the Romans it was only the Municipal Law of that People And by reason of the great Equity of it in Questions de Jure privato tho it has not the force of Law with us yet it is of great Authority and use in cases not determined either by statute or custom But as to Questions of State and Government the Civil Law is of no use with us in respect the Laws of all Nations concerning their State and Government are only Municipal and the Constitution of the Respective States doth varie both from that of the Romans and for the most part each from another So that any Questions concerning the same cannot be solidely or warrantably Answered upon Principles or Reasons brought from any Law but the constitution of the Government and Laws and Customs of the Nation and Kingdom concerned It is conceaved That when the Opinion of Lawyers is asked Res should be integra and they should be at liberty to give their Opinion freely and without prejudice which they cannot doe after His Majesty has any way predetermined them by declaring his own Royal Will and Pleasure As to that Question What can be said in Law in defence of these who have acted contrary to Law in Obedience to His Majesty or upon his Royal Dispensation if they should be questioned in the time of Succeeding Kings It is Answered That upon the Grounds foresaid

I. Immobilia QVAE res inter Immobilia computentur Thes Bes litera L. p. 597. ad finem Poenae mulctae non exactae immobilibus accensentur Ibid. Item servi ascriptitii Ibidem Munitiones cum castro consideratae tormenta arma bellica si testator res pretiosas in Familia servari jussit Ibidem p. 597. Immobilia per applicationem aliis modis IMmobilibus accrescunt accedunt mobilia variis modis quod enim applicatione perpetua corporibus alterius naturae affixum infossum aut inaedificatum est Immobile fit nam mobile Immobili cohaerens Immobile censetur Hering de mol quaest 8. N. 18. 19. Per immutationem res mobiles sortiuntur naturam Immobilium ex quinque causis 1. Facto hominis ut Affixione Infossione Adjectione 2. Legis potestate fictione ut cum colonus ascriptitius aut mancipium rusticum glebae serviens pro re Immobili censetur 3. Attributione seu destinatione ut lignum ad aedificium destinatum inter Immobilia computatur 4. Subrogatione ut quibusdam casibus pecunia 5. Subjecto v. g. quando Jura nomina actiones ad Immobilia competentes aut mobilia pro talibus habentur Hering de molend Ibidem n. 20. sequen Imposition upon the Pint of Ale QVaeritur If the Gift of the Town of Edinburgh and other Burghs of Two Pennies upon the Pint of Ale or Two Merks upon the Boll of Malt may be questioned by any concerned upon that ground that being a burden upon the People it could not be laid upon them without consent of Parliament Answer It is thought it may be questioned 1. For the reason foresaid being the fundamental of the Liberty of the People 2. The whole Countrey is concerned and has prejudice thereby In respect that they who dwell within the Lothians will suffer as to the price of their Bear which will be less in consideration of the said burden of Two Merks upon each Boll and consequently the whole Countrey will be prejudged The price of the Bear in Lothian being the standart almost of the whole Countrey Edinburgh being Communis Patria And the Drink upon that occasion being both worse and dearer And the Shires of Lothian having concurred they came in end to a condescendence that the Town should be obliged never to desire the like And it is thought that the Gift both in passing at the Exchequer and ratification thereof in Parliament was so qualified 4. A Bond was given by the Town to that purpose to the Colledge of Justice and also to the Shires and both were trusted to one of the Commissioners for the Shires to be keeped and it 's informed was given back by him viis modis 5. The pretence of Debts and alteration of the way of living of the Magistrates is frivolous Seing the Town ought not to Contract Debts the Magistrates being only in effect Curatores And the King could not lay a Burden upon the Countrey for payment of his own Debts and the Debt of the Town is no less than it was formerly before the first Gift and the Magistrates should not live upon what is given to the Town 6. As to the pretence of his Majesties Prerogative it is against Law and the common stile of the Chancery which should not be altered and His Majesty doth make use of his Prerogative to remitt the rigour of Law but not to give Illegal Grants rei alienae to prejudge and Burden others And therefore such Grants are ever understood Salvo Jure and to be periculo petentis 7. The dispensing with the former Bond is of dangerous consequence His Majesties Prerogative being never against Justice and for taking away the Bonds and Rights granted to the People without their own consent otherways there should be no security for Liberty and Property Impositions of Burdens upon Shires SEing Shires are not Incorporations Quaeritur If upon any Pretext whatsomever The Major part may lay any Burden upon the Shire or any part of it without their Consent Impositions voluntary upon Shires WHen any Charges for Banner Trumpet or Coat c. for the Heretors are to be payed Quaeritur Whether the same are to be payed viritim per capita or proportionally according to the Valuation Answer They are Personal and not Patrimonial and are to be payed with respect to the persons and not their Estates Improbations IF Pursuers of Improbations should consign Of late some are of Opinion That Consignation is to be made only when Improbation is proponed by way of Exception But the Act of Parliament anent Caution in Improbations in place of which Consignation is come is clear as to all Improbations by way of Action or Exception It appears there should be a difference betwixt a general Improbation at the instance of Heretors and Buyers which is a Tentative used to try the condition of the Lands if they be affected with any latent pretences And the case of special Improbations and Improbations of certain Writes and that in this case there should be Consignation but not in the other unless upon Production a particular Right be taken to be Improven When in Improbation Writes are produced and certification craved contra non producta and it is alledged that the Defender has produced sufficiently to exclude the Pursuer Quaeritur If notwithstanding certification should be granted Answer By the late Practique the Lords are in use to hear the parties debate upon the Right which is thought hard seing if the Defender be confident of the Right he has no prejudice by granting the Certification and having gotten long termes he ought to produce all Writes called for Seing Improbation est processus tentativus and in order to try the Defenders pretence and not to debate a Right Impugning the Authority of Parliament BY an express Act of Parliament The Impugning the Authority of the Parliament consisting of three Estates is Treason Quaeritur If the misconstrueing or Impugning the proceedings of the Parliament if they amount to Treason Answer There is a difference betwixt Impugning Authority and Proceedings of Judicatories seing Judges may have an unquestionable Authority and yet their proceeding may be questioned And Papists and Hereticks cannot controvert the Authority of Parliament and yet may be dissatisfied with and misconstrue the proceedings of the same Which practice though Criminal doth not amount to Treason Traquair Item The Earl of Argyle Incendiarium INcendiarii vide in Thes Bes Lit. M. 72. p. 647. Incorporations JF a Colledge or Corporation being in Law a Body may Forefault the Rights of the Corporation and in what case Ratio Dubitandi Magistrates are only Curators loco Curatorum and the University never Dieth and Bishops and such other sole Corporations though they commit Barratry do not Forefault in prejudice of their Successors When a Town or Incorporation that has Power to Contract Debts do grant Bond obliging the Magistrates and their Successors and bearing Horning and other Executorials Quaeritur If

Immobilia Ib. Immobilia per applicationem aliis modis 95. Imposition upon the Pint of Ale Ib. Impositions of Burdens upon Shires 96. Impositions voluntary upon Shires Ib. Improbations Ib. Impugning the Authority of Parliament Ib. Incendiarium 97. Incorporations Ib. Infeftment of Annualrent Ib. Base Infeftment 98. Infeftment in a Right both of Property and Annualrent Ib. Infeftment for the use and beho of of another 99. Conditional Infeftments Ib. Publick Infeftments Ib. Inhibition 100. Inhibition upon Teinds 101. Insinuatio Ib. Instance 102. Instantia Ib. Instrumentum Guarentigiatum Ib. Interdiction Ib. Inter decem Dies Ib. Intrometter Ib. Invecta illata 103. Duobus Investitis per modum Confirmationis sed posterius acquirentis Jure prius confirmato uter sit potior Ib. Investitura 104. Jura complexa Ib. Juramentum Ib. Jurisdictio Ib. Jurisdictio Camerae Imperialis Ib. Jus accrescendi Ib. Jus Mariti Ib. Jus Mariti Relictae 106. Jus Relictae Ib. Jus Superveniens Ib. Justice-General 107. K. Nearest of Kin. Ib. KING 108. King and Prince Ib. L. Laudimium Ib. Lawburrows for Burghs Ib. In Lecto Ib. Legacies 110. Conditional Legacies Ib. Legal Reversion 111 Legatars and Intrometters Ib. De Legatis Ib. Legatum rei alienae Ib. Legatum a Legatario acquisitum ante mortem Defuncti 112 Res eadem duobus Legata Ib. Legitima Liberorum Ib. Legitimation per subsequens Matrimonium 115. Marriage and Legitimation 116. Leuteratio Ib. Libellarius Contractus Ib. Liberi Ib. Liferenter Ib. Executors of a Liferenter 117. Liferents Ib. Quando Dies cedit as to Liferenters 118. Vasallus Ligius Ib. Limitation of Fees Ib. Litiscontestation 119. Quo casu Possessor in mala fide constituitur per Litiscontestationem quando non Ib. Locus Poenitentiae Ib. M. Mare 120. Marriage Ib. Marriage Clandestine 123. Materna Maternis Ib. Matrimonium 124. Mensis 125. Mensura Taxative Demonstrative Ib. Militia Ib. Miln Ib. Ministers Stipends in a Reddendo Ib. Minor Ib. Minor non tenetur Placitare 126. Reduction upon minority Ib. Decreet against Minors Ib. Mobilia Ib. Mobilium vilior possessio Ib. Modus habilis 127. Molendinum Ib. Molendina aquatica Ib. Molendina Bannaria Ib. Molendina navalia Immobilibus accensentur Ib. Molendina 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ib. Districtus Molendini 128. Quomodo qui sunt in districtu Molendini cogi queant Ib. An qui sunt in Districtu alibi molere possint Ib. An Extrui possit Molendinum quod noceat vicino Ib. An Molendinum possit Extrui sine licentia Principis Ib. Restagnatio Molendini Ib. Vsus Molendinorum Juri Civili ignotus 129. Vbi convenit ut pro Familia molatur quid Juris si aucta sit Ib. If a Mother and her friends may succeed Ib. Mutuum Ib. N. Non-entry 130. Novo damus Ib. Nullitas ex verbis non licebit 131. Clausula ex unnc prout ex tunc Ib. Nundinae Ib. O. Oath of Coronation 132. Qualified Oaths Ib. Correspective Obligements 133. Mutual Obligements in Contracts Ib. If Offices do Escheat by Horning Ib. Omissa male appretiata Ib. Operae 134. Order of Discussing Ib. P. Pactis Privatorum non Derogatur Juri Communi Ib. Parliament Ib. Passing from a Right 135. Patents of Honour Ib. Pecunia Pupillaris Ib. Pensions granted by the King 136. Personalis Actus Ib. Pignora Ib. Plenishing If a Wife be provided to a part of it Ib. Possessor 137. Poinding of the ground Ib. Prerogative Ib. Prescription 139. Prescription against the King 140. Presentation upon Forefaulture 141. Process against Strangers 142. Procuratories of Resignation Ib. Promise to Dispone not in writ Ib. Protections Ib. Provisions in favours of Bairns 143. Provision in Bonds Ib. Provisions in Charters Ib. Provisions in Contracts 144. Provisions in favours of Daughters Ib. Publica Ib. Pupils 145. Q. Quartering Ib. Quorum Ib. R. Ratihabitio Ib. Jus Ratium 146. Jura Realia in Re in Rem Ib. Rebellion Ib. Whether the Rebels Goods ought to be Lyable to Creditors Ib. Recognition 147. Redemption Heretable or Moveable 148. Order of Redemption Ib. Reduction Ib. Reduction Ex capite Fraudis 149. Infeftment after Reduction Ib. Reduction Ex capite Metus Ib. Reduction upon Minority Ib. Reduction Ex capite Lecti 150. Re-entry after Redemption Ib. Regalia Ib. Regality 151. Writs registrate that cannot be found in the Register Ib. Registratio 152. Regum Contractus 154. Relief of Cautioners 155. Relocation Ib. Reluitio seu Retractus Ib. Remissions Ib. Renounciation Ib. Renounciation by Daughters at their Marriage 156. Renunciatio Juri Publico Ib. Res Fiscales res privatae Regis Ib. Re-seafin upon Reduction Ib. Reservation in favours of Relicts 157. Resignation Ib. De Resignationibus 158. An Resignatio in Manibus Domini Superioris alienantem penitus devestiat Ib. An ex Persona Resignatarii ejus vel obitu vel delicto Custodia Haeredis alia emolumenta Domino directo obveniant Ib. An in Feudis quae de Domino Rege tenentur idem Jus sit adeo ut per Resignationem Vasallus devestiatur 159. Si Alienatione facta ex ea Resignatione alia postea fiat ex ea etiam Resignatio in favorem alterius isque primus Investitus fuerit post eum prius acquirens Quaeritur uter Potior 161. An is qui in Dominium directum successit Titulo singulari teneatur Acquirentem in vasallum recipere ex Resignatione in manibus Authoris 164. An Superior nedum Resignatarium ejusque haeredes sed Cessionarios investire teneatur 165. De Resignationibus a Domino directo acceptatis An devestiant Resignantes 166. Retention 171. Retours Ib. Retoured Duty Ib. Return of Lands to the Superior upon a Provision 172. Return of Lands to the King failȝieing of Heirs Male Ib. Reversion Ib. Reversions of Comprysings against appearand Heirs 173. Reversion Personal 174. Legal Reversion competent to Idiots c. 175. Rights made by Dyvours Ib. Fraudulent Rights in prejudice of Creditors 176. Right a non habente potestatem Ib. Rights ad Tractum futuri Temporis Ib. Right in Trust 177. Ripae Ripatica Ib. Quando Dies cedit in Grass Roums when there is Question betwixt Fiars and Liferenters Ib. S. Act Salvo 179. Seasin Ib. Registration of Seasins Ib. Special Services and Precepts of Clare constat Ib. Servitude and Extinguishment thereof Ib. Lords of Session 180. Sheriffs Ib. Ships Ib. Solarium 181. Sponsalia Ib. Statuta Ib. Steelbow and Heirship Ib. Strangers Goods or Debts belonging to Strangers Ib. Subjects living Abroad Ib. Substitutes 183. Substitutio Ib. Substitution in Bonds Ib. Substitution in Legacies 185. Successio in Maternis Ib. Successio in Stirpes 186. De Successione in Feudo amisso quo Jure censenda utrum Haereditatis an Conquestus Ib. Successor Titulo lucrativo 191. Singular Successors 193. Sums heretable and movable Ib. Sums moveable 194. Eldest Superior Ib. Superior mediate Ib. T. Tack Ib. Back-Tack and Prorogations 196. Tack

and that the Pursuers Debitor was a person opulent for the time according to his quality and had sufficiency of Estate and Moveables otherwayes that might have satisfied the Pursuers Debt the time of the said last Contract and thereafter So that the said Contract being valide ab initio it could not be taken away upon pretence that thereafter the Husband became insolvent seing it cannot be said that the Husband did intend to defraud his Creditor or that there were any fraud upon his part It was Replyed That tho the case of Bankrupts and their fraudful practices mentioned in the said Act being so frequent did give occasion and Rise to the same yet it appears evidently by the said Act that it was intended that Debitors should not be in a capacity to give away any part of their Estate in prejudice of their Creditors to any person In sua far as the dispositive words of the Act are in these terms that in all Causes at the instance of a true Creditor the Lords will decern all Alienations and Rights made by the Debitor to any conjunct person without true just and necessary Causes and without a just price really payed the same being done after Contracting of lawfull Debts from true Creditors to be null without further Declarator And the said Act does not bear that all Rights made by Bankrupts should be Null it being hard to give a Character and definition of a Bankrupt So that diverse questions may arise anent the notion of Bankrupt and what Debitors should be esteemed Bankrupt and therefore for cutting off the same the Act is conceived in the Terms foresaid and annulls Dispositions made by Debitors without an Onerous Cause And the Lords by the Statute ratified by the said Act do declare that they intend to follow and practise the Laws Civil and Canon made against fraudful Alienations in prejudice of Creditors And by the Civil Law all Rights and Deeds made and done in prejudice of Creditors without an Onerous Cause are null and may be rescinded actione Pauliana And the Law doth presume praesumptione Juris that they are fraudulent being prejudicial to Creditors ex eventu re who are not obliged to say that they are fraudful consilio which is in animo and hardly can be proven As that point viz. That the said Contract was upon valuable considerations It is Replyed That the taking of the Fie from the Husband and giving the same to the Wife it 's a Donation as to the Wife in prejudice of the Creditor So that there is no Onerous Cause as to the Husband The Lords Upon Debate at the Barr and amongst themselves did Find that Debitors might dispose of a part of their Estate by way of Gift and without an Onerous Cause if they retain alse much and more than would satisfy their Creditors And therefore they Found the Defence Relevant that the Debitor had alse much Estate besides the Fie of the said Tenement as would satisfy the Pursuers Debt Actor Falconer alteri Steuart Monro Clerk Praesentia Some of the Lords were of the Opinion That the case being of so great consequence as to the preparative it was fit to be thought upon and urged these Reasons 1. That the Words and Letter of the Law appear to be clear against Deeds done by Debitors without an Onerous Cause 2. Tho our Law were not clear yet in cases of that nature when we have not a Municipal Law nor custom to the contrary we ought to follow tho not the Authority yet the Equity of the Civil Law which is received every where where there is no custom to the contrary Specially seing it is declared by the said Statute mentioned in the Act of Parliament 1621 That the Lords are to follow the Civil and Canon Law made against Deeds and Alienations in prejudice of Creditors 3. It is hard to put Creditors to dispute the condition of their Debtors the time of making Donations and whether they had effects and sufficiency of Estate to satisfy their Debt notwithstanding the said Deeds which may be unknown to the Creditors It being sufficient to say that the Deed was without an Onerous Cause and that the Debitor became insovent 4. If a Debitor should become insolvent ex post facto tho the time of the Donation the residue of his Estate might have satisfied the Debt It is more just and reasonable that a Donator who has a Lucrative Title should rather suffer ex eventu than a Creditor _____ did argue to the contrair D. 288. Bonars Relict contra His Representatives 2. July 1675. A Bill of Advocation being Reported of a pursuite at the instance of John Bonars Relict against his Representatives before the Town of Edinburgh for payment of 10000 Merks conform to a Bond granted by him The Lords did Advocate not so much in respect of the importance of the Cause the Town being competent Judges but because there was an Improbation depending before the Lords upon the same pursuite of the said Bond And contingentia causa non debet dividi and doth Found the Lords Jurisdiction to Advocat to themselves all Questions concerning the said Debt D. 289. Earl of Dundonald contra Glenagies and the Earl of Marr. eod die A Tack of the Teinds of Kilmaranoch being set by the Abbot of Cambuskenneth to Sir James Erskine for his Lifetime and for the Life-time of his Heir Male and after the decease of the Heir Male for the Lifetime of his Heir Male and two 19 Years thereafter The Earl of Dundonald having Right by progress to the said Tack pursued a Spulȝie of the Teinds It was Alledged That the Tack is expired And if the Earl of Dundonald will condescend and prove that the said Sir James had an Heir Male surviving the Defenders will offer to prove that two 19 years had expired since the decease of the last Heir Male. The Lords Found That the Pursuer should condescend upon an Heir Male and prove that he survived the said Sir James And if he should condescend and prove that the Defender ought to prove as said is that the Tack was expired And did Assign to the Pursuer and Defender to prove Respective D. 290. Mr. Henry Morison 3. July 1675. UPon a Bill against Mr. Henry Morison It was desired that in respect he was an Advocate and Member of the House he should summarly deliver certain Goods entrusted to him by the Complainer And It was Alledged for him That the Complainer ought to intent an Action in communi forma And the Interest that he had in the House as an Advocate should give him Right to any priviledge that belonged to an Advocate but ought not to put him in a worse case than other Subjects who could not be forced to defend upon such Bills And the practice that the Advocates should Answer summarly to Complaints against them is only in relation to their Trust and Office if they refuse to exhibite or deliver Writes entrusted to them And