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A51571 Scotiæ indiculum, or, The present state of Scotland together with divers reflections upon the antient state thereof / by A.M. philopatris. A. M. (Alexander Mudie) 1682 (1682) Wing M3038; ESTC R16016 67,555 300

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in this Court with the Lord Justice General and the Lord Justice Clerk All Tryals 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 tryed The difference between a Peer and Commoner in their Tryal in this Court is this viz. The greater part of the Peers Jury called by the Scottish Law an Assize must be Peers The Jury is made up of 15 The Foreman who is called the Chancellor of Assize gathers and reports the Votes The major part determins the matter The present Justice General is the Earl of Queensbury Of the Exchequer 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 Assistants called the Lords of Exchequer who have little power the Lord Treasurer and the Lord Treasurer Deputy usually carry 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 these Courts is Edinburgh which has been long the chief Seat of the Government 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 than the bringing up all their Affairs to Edinburgh CHAP. VI. Of Inferiour Courts of the Sheriffdoms The Names of the Sheriffs who are so most by Inheritance The Courts of Regality A Barons Court NExt to these Supreme Courts there are other Inferiour Courts And first there are in all the Shires of Scotland Sheriffs who are the Judges in all Matters of of Meum and Tuum in Thefts and in all lesser crimes as likewise in Murthers if the Murtherer be taken in hot blood as they call it when the person is newly slain But though there lyes no Appeal in this Kingdom in any Court 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 to be brought before themselves Most of the Sheriffs were antiently so 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 King of late hath thought fit to agree with many of these Sheriffs for their Rights by which it comes to pass that many of them now are in the King's Gift The Sheriffs may either sit and give Judgment themselves or do it by a Deputy which they most commonly do except in some great cases For the more full satisfaction of the Reader it will not seem superfluous here to give a List of the Shires or Counties of Scotland and their Sheriffs Shires or Counties of Scotland and their Sheriffs Shires Sheriffs The Shire of Edinburgh containeth Middle Lothian Charles Maitland The Shire of Berwick containeth Mers Earl of Home The Shire of Peeblis containeth Tweddail Earl of Tweddail The Shire of Selkirk containeth the Forrest of Etterick Murray The Shire of Roxburgh containeth Tiviotdale Lidisdale Eshdail Eusdail Duke of Buckleugh The shire of Dumfreis containeth Nithisdail Anandail E. 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 E. Dumfreis The shire of Renfrew containeth the Barony of Renfrew E. of Eglington The shire of Lanerick containeth Clidsdail D. Hamilton The shire of Dumbritton containeth Lenox D. of Lenox The shire of Bute containeth the Isles of Bute and Arran Sir James Stewart of Bute The shire of Innerara containeth Argile Lorn Kintyre the most part of the West Isles all Ila Jura Mull Wyist Teriff Coll Lismore c. E. of Argile The shire of Perth containeth Athol Goury Glenshee Strath-Ardell Broad Albine Ramach Balhider Glenurqhuay Stormont Menteith and Strath-Yern D. of Atholl The shire of Striveling lyeth on both sides the River Forth E. of Marr. The shire of Linlithgow West Lothian John Hope of Hoptoun The shire of Clackmanan containeth a small part of Fife lying on the River Forth towards Striveling Sir D. Bruce of Clackmanan The shire of Kinross containeth so much of Fife as lyeth between Lo●hleiven and the Ochell Hills E. of Morton The shire of C●uper containeth the rest of Fife D. of Rothes The shire of Forfar containeth Angus with its pertinents as Glen Ila ●len Esk Glen-Prossin E. of Southesk The shire of Kinkardin cont Mernis E. Mareschal The shire of Aberdeen containeth Mar with its pertinents as Birse Glentaner Glen-Muik Strath-Dee Strath-Don Bray of Mar and Cromar most part of Buchan Forumarten Gareoch and Strathbogie-land E. Dumfermline The shire of Bamf containeth a small part of Buchan Strath-Dovern Boyn Enzy Strath-Awin and Balveny Sir James Baird of Auchmedden The shire of Elgine containeth the Eastern part of Murray Robert Dumbar of The shire of Nairn containeth the West part of Murray The shire of Innerness containeth Badenoch Lochabyr and the South part of Ross E. of Murray The shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth Sir John Vrquart of Cromarty The shire of Tayne containeth the rest of Ross with the Isles of Sky Lewes and Harrigh E. of Seaforth The shire of Dornoch containeth Southerland and Strath-Naver E. of Southerland The shire of Weik containeth Cathness E. of Cathness The shire of Orkney containeth all the Isles of Orkney and Schetland The Constabulary of Haddington containeth East Lothian and Lauderdale D. of Lauderdale Stewartries Stewards Strath-Yern E. of Pearth Monteith E. of Monteith Annandail E. of Annand Stewartries Stewards Kirkudbright containeth the East part of Galloway E. Nithisdail Baileries Bailiffs Kyle Carrict E. of Cassiles Cunninghame E. Eglington Court of Regalities There are also 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 priviledges This began chiefly in Church lands for all the Bishops and most of the Abbots had these Regalities granted them some of the antient and great Peers got the same power bestowed upon them and many more have lately got their Lands erected into Regalities The Judge is called the Bailiff of the Regality who sits as often as there is cause Most of the Bailiffs of the Regalities of Bishopricks are so by inheritance These being given by the King a Church-man not being allowed to give a Commission in causa sanguinis A Barons Court Besides these every one that holds a Barony of the King has a Baron Court in which le●●er matters are also judged and they may fine and distrain Antiently these Baron Courts might judge of Life and Death but now it is not so For all the other particulars that relate to the Regalities Superiorities and