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cause_n great_a king_n power_n 3,921 5 4.7466 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A50800 An appendix to the history of the Church of Scotland containing the succession of the archbishops and bishops in their several sees from the reformation of the religion until the year 1676, as also the several orders of monks and friers &c. in Scotland before the Reformation : with the foundation of the universities and colledges, their benefactours, principals, professours of divinity and present masters : and an account of the government, laws and constitution of the Kingdom. Middleton, Thomas, 17th cent. 1677 (1677) Wing M1990; ESTC R29541 55,302 57

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Creditor may serve a Writ on his Debitor called Letters of Inhibition by which he can make no Disposition of his Goods or Estate till the party be satisfied and all is null that he does after that if these Letters be returned and registred within 21 days after they are served otherwise they have no force The next Supreme Court is the Justice Court where all Criminals are tried It consisted anciently of a Lord Justice General and a Lord Justice Clerk who was his Assistent The Earls of Argile had this Office by Inheritance but King Charles the First agreed with the Earl of Argile and gave him the hereditary Justiciarship in the High-lands for which he laid down his Pretensions to the other The Justice General is not bound to serve in person but might doe it by Deputies and he commonly named two but the Parliament changed this Anno 1669. and appointed four of the Judges to sit in this Court with the Lord Justice General and the Lord Justice Clerk All Trials for Life are in this Court which sits every Friday in the time of Session in the afternoon Here all the Subjects Peers as well as Commons are tried nor is there any difference between the Trial of a Peer and of a Commoner but that the greater part of the Peers Jury called by the Scotish Law an Assize must be Peers Fifteen make a Jury The Foreman who is called the Chancellour of the Assize gathers and reports their Votes the major Vote determines the matter The present Justice General is the Earl of Murray The next Supreme Court is the Exchequer That consists of the Lord Treasurer or the Commissioners of the Treasury when it is in Commission the Lord Treasurer Deputy and some Assistents called the Lords of Exchequer who have little power the Lord Treasurer and the Lord Treasurer Deputy carrying all matters in it as they please Here all the King's Grants Pensions Gifts of Wards Letters Patents and such like are to be passed And these are the Supreme Civil Courts The Seat of those Courts is Edinburgh which has been long the chief Seat of the Government and though the making of Circuits for giving Justice has been oft begun yet the charge it puts the Country to is found a greater inconvenience then the bringing up all their Affairs to Edinburgh Next to these Supreme Courts there are other inferiour Courts And First there are many Regalities in the Kingdom where the Lord of the Regality has a Royal Jurisdiction within his grounds and power of Life and death besides many other great Immunities and Privileges This began chiefly in Church-Lands for all the Bishops and most of the Abbots had these Regalities granted them some of the ancient and great Peers likewise got the same power bestowed on them but many more have lately got their Lands erected into Regalities The Judge is called the Bailif of the Regality who sits as often as there is cause Most of the Bailifs of the Bishops are so by Inheritance for these were given by the King since a Church-man cannot give a Commission in Causa Sanguinis There are also in all the Shires of Scotland Sheriffs who are the Judges in all matters of Meum and Tuum in Thefts and in all lesser Crimes as likewise in Murthers if the Murtherer be taken in hot bloud as they call it when the person is newly slain But though there lies no Appeal in any Court in this Kingdom yet there is somewhat equivalent to it for the Supreme Courts by a Writ called an Advocation may take any Cause out of the hands of inferiour Judges and order it to be brought before themselves Most of the Sheriffs were anciently such by Inheritance and it being in this Kingdom no matter of charge but of profit it gave the Hereditary Sheriffs so great a power in their Shires that our Kings of late have thought sit to agree with many of those Sheriffs for their Rights by which it comes to pass that divers of them are now in the King's gift The Sheriffs may either sit and give Judgment themselves or doe it by a Deputy which they most commonly doe except in some greater cases SHIRES or COUNTIES of SCOTLAND and their SHERIFFS SHIRES SHERIFFS The Shire of Edinburgh containeth Middle Lothian Sir Charles Maitland of Hatton The Shire of Berwick containeth Mers The Earl of Hume The Shire of Peeblis containeth Tweeddail The Earl of Tweeddail The Shire of Selkirk containeth the Forrest of Etterick   The Shire of Roxburgh containeth Teviotdail Lidisdail Eskdail Ewsdail c. Duke of Buckleugh The Shire of Dumfreis containeth Nithisdail and Annandail Earl of Queensbury The Shire of Wigton containeth the West part of Galloway Sir Patrick Agnew of Lochnaw The Shire of Aire containeth Kyle Carrict and Cunninghame Earl of Dumfreis The Shire of Renfrew containeth the Barony of Renfrew Earl of Eglington The Shire of Lanerick containeth Clidsdail Duke of Hamilton The Shire of Dumbritton containeth Lennox Duke of Lennox The Shire of Bute containeth the Isles of Bute and Arran c. Sir James Stewart of The Shire of Innerara containeth Argile Lorn Kintyre the most part of the West Isles as Ila Jura Mull Wyist Terife Coll Lismore c. Earl of Argile The Shire of Perth containeth Athol Goury Glenshee Strath-Ardel Braid Albain Rainach Balwhidder Glenurqhuay Stormont Menteith and Strath-Jern Marquis of Athol The Shire of Striveling lieth on both sides of the River Forth Earl of Mar. The Shire of Linlithgow containeth West Lothian Earl of Calendar The Shire of Clackmannan containeth a small part of Fife lying on the River Forth towards Striveling Sir David Bruce of Clackmannan The Shire of Kinross containeth so much of Fife as lieth between Loch-Leiven and the Ochell Hills Earl of Morton The Shire of Cowper containeth the rest of Fife Earl of Rothes The Shire of Forfar containeth Angus with its pertinents as Glen-Ila Glen-Esk Glen-Prossin c. Earl of South-Esk The Shire of Kincairden containeth Mernis Earl Marischal The Shire of Aberdene containeth Mar with its pertinents as Birse Glen-Taner Glen-Muik Strath-Dee Strath-Don Bray of Mar and Cromar most part of Buchan Forumarten Gareoch and Strathbogie-land Earl of Dunfermline The Shire of Bamff containeth a small part of Buchan Strath-Dovern Boyn Enzie Strath-Awin and Balveny Sir James Baird of Auchmedden The Shire of Elgin containeth the Eastern part of Murray Robert Dumbar of The Shire of Nairne containeth the West part of Murray   The Shire of Innerness containeth Badenoch Lochabyr and the South part of Ross Earl of Murray The Shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth Sir John Vrqhuart of Cromarty The Shire of Taine containeth the rest of Ross with the Isles of Sky Lewes and Harrigh Earl of Seaforth The Shire of Dornoch containeth Sutherland and Strath-Navern Earl of Sutherland The Shire of Weik containeth Cathnes Earl of Cathnes The Shire of Orkney containeth all the Isles of