Execution against the pannal by a Macer and the mouth of the Doomster So the Pannal is carried to prison till the Sentence be put in Execution Of Late the Kings Advocate have brought in an use of raising a Summons of an Assize of error against the Assizers if they find not guilty and they are tried as the other Pannal which occasioned a great deal of grumble and murmur Men choosing being upon Soul and Conscience rather to be fined than to be Assizers All these Lords have pensions The fifth Supream Court is the Exchequer or properly the Kings Baron Court. THis Court consists of the Lord High Thesaurer who presides though the Lord Chancellor were present or Commissioners in place of Thesaurer and Thesaurer Deputy who presides even among the Commissioners being one himself or in absence of the said Lord Thesaurer There are several Assistants to them who are called the Lords of Exchequer who have little power because the Thesaurer or Commissioners and Thesaurer Deputy who carry all as they please because they but Sign in Exchequer whatever the Thesaurer or Commissioners and Thesaurer Deputy revise and pass in the Thesaury Chamber Before this Court was formerly over-ruled by the Comptrouler of the Kings Accompts and the Master of Requests All the Kings grants whether Commission new Charters or Charters of confirmation with de novo damus Confirmations of Subvassals Charters from their Superiors to prevent forfeiture and other things which pass of course for small composition gifts of ward single or taxed Letters Pensions c. are revised and componed by the Thesaurer or Commissioners and Thesaurer Deputy pass in this Court and there are few debates before it for where there is any matter of Law it is remitted to the Judge Ordinar if there be any new Signatures Parties Leased or injur'd compear and give in Petitions to be heard and so they are either past Simpliciter or with protestation are stopt till the cause be further represented The Kings will was a Law in this Court and so whatever the prevailing Ministers Suggested to be the Kings pleasure was readily comply'd with there by some and connived at by others The Lords have no Pensions nor Emoluments There is a Sixth Court called a Soveraign Judicator wich is the Admiral Court. THIS Court came first to an hight by King James VI. Act Parl. 18. cap. 10 c And this Act Ratified and further extended by King Charles II. Parl. 2. cap. 16. And further amplified by the Act 1681. Declaring it a Soveraign Court in it self His Royal Highness the Duke of York being then Lord High Admiral and was the Kings Lieutenant and Justice General on the Seas and all Ports Harbours and Creeks thereof and upon fresh Waters or Navigable Rivers below the first Bridges or within the highest Flood marks where there was no Bridges he had the sole Jurisdiction in all maritine Causes Forreign or Domestick Civil or Criminal Exclusive of all other Judicators with many other Priviledges He reduces Decreits of Inferiour Admiral Courts and revives his own No advocation from or suspention of these Decreits but by the whole Lords of Session in time of Session and by three in time of vacancy and must be discust Summarly without the order of a Roll and that the Admiral and his Deputy have the sole Right of granting Passes or safe Conduct to all Ships c. In that Parliament there was strong debates to oppose this Act Shewing That it would be a retrenching of the Power and Priviledges of the Lords of Counsel and Session and incroachment thereupon c. This Court which is kept by the Judge Admiral only and his Deputies meddles with Bills of Exchange of Merchants which is thought to be extrinsick to that Court and no doubt is very proper and convenient for encouraging of Trade and Commerce and for the credit of the Nation abroad with Forreign Merchants that there should be a particular Court erected of honest knowing Merchants who are the only proper known Persons to judge in such Cases and requiring Summar Execution for many reasons that might be given This Court also since its Soveraignity was extended the Judges thereof were active enough to ply their time the benefit of their Sentences accrewing to themselves he making himself a Judge competent in actions not competent for him as was said already or in case the Customs were put in a Commission the Judges whereof no doubt should be knowing Merchants who did not traffick themselves and would be sit Judges in Debates anent Bills of Exchange These have the Emoluments of the Court. The Second Great Heritable Offices in the Kingdom are The Lord High Constable The Lord Marshal and these Exercise their Jurisdictions and keep their Guards in Edinburgh and the Parliament House the time of the Meeting of the General States of Parliament or Convention The Heritable Usher The Crown Bearer The Scepter Bearer The Purse Bearer The Sword Bearer Before the King or His Commissioner in time of Parliament These have been altered in the time of some Parliaments The Chancery The Director of the Chancery an Ancient and Honourable Office having been formerly the King's Chaplain Ergo Clericus The Director Deputy his own two Clerks and a Register with two Copraters The Military Offices within the Kingdom whose Commissions are granted by the KING are The General and all other Officers under him in Military imployment they have their ordinary dues which are known The Leiutenant General Of old there were Leiutenants of Shires and Counties but in desuetude The Master of the Ordinance who is ordinarly term'd Lieutenant General of the Artillery This Office will be the better distinguished by riding Marches betwixt it and the Governour of the Castle of Edinburgh to whom it was incommodious of late the Army lying there The Major General The Captains of the Kings Guards of Horse who take place and hath the pay always of a Collonel and is the first Collonel in the Kings Forces and his two Lieutenants Cornet c. Take their places in the Army accordingly The Collonels first of the Kings Guards of Foot then the Collonels of other Regiments either Horse or Foot as they are in with all the Captains Leiutenants of Companies and Ensignes with other subaltern Officers Captains and Governours Lieutenant Governours or Constables often so called and other subaltern Officers of the Castles and Forts whereof there are five only in repair and Garrisoned in Scotland viz. The Castle of Edinburgh where the Crown and Honours and the most material Registers of the Kingdom are kept and is a good Post commanding the City of Edinburgh here is kept the Kings Cash when there is any store or quantity of it of which sometimes there was an ill accompt made the Castles of Striviling Dumbarton Blackness and the Bass but the Earl of Mar is heritable Keeper of Striviling Castle the rest at the Kings grant The Muster Master General has his Commission from the
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
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
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
outerhouse for dispatch There is a Roll of ordinary Actions such as summons simple reduction improbation recognition c. Advocations and Suspensions in another Roll for the outer-House when these are called Terms granted Acts extracted which when called here are either Sentences pronounced by the Ordinar in the Outer-house and so Decreeted or else the parties craves a Representation of one point or more to the Hall Lords and the Ordinar to make a report of their interloquitor which he reports in the Outer-House the next day ordinarily or at the side Bar the next Week but the most of causes in the outer House especially of consequence comes to the Inner House by making an avisandum to all the Lords and is Inrolled in course by Warrant in the Inner-House Roll of ordinary Actions which in its course again comes to be called in the Inner-House before the Hall Lords and after debate either there is a decision or the cause is concluded Where there is any probation led and inroll'd de novo in the Roll of concluded causes in the Inner House then it 's advised by the Hall Lords with close doors and where there is any difficulty after the President resumes the Hall cause and debate and the Lords calls the parties and their proctors to see if they have any further thing to say and ordinarily they have nothing material to add Then the Lords orders them to remove and upon serious deliberation they Debate and Vote and calls in the party and their Advocates and by the mouth of their President declares their Sentence definitive which is a Decreit to be extracted as all other Decreits are by the Clerks conform to the Minutes and Warrants of the Process if there be more sheets in the Decreit than one The principle Clerk sidesigns the joyning of every two sheets and the Lord Register subscribes the last Sheet of the Decreit which contains the Hall Libel as it is in the Summons the Executions Debates and Interloquitors of the Outer and Inner-House and the Lords Sentence This is a Vidimus of the Lords of Sessions procedure but of all the Courts in that Kingdom their Decreits and precedure are most formal So that the Lords by their constitution are obliged to do nothing but by the greatest deliberation in the World upon these Decreits the parties raise horning and other diligence under the Kings Signet for payment of the debt or securing of the debtors Estate for payment thereof This Court is said to have a distributive Jurisdiction only but no competent Judicator for life or Limb c. But for faults competent to themselves too tedious to insert here being intended but an abreviate This Court makes acts of sederunt equivolent to Laws and Acts of Parliament and are in force till they be approved of as ordinarily they are or recall'd by Parliament which is seldom or never because the Lords of Session are the proper interpreters of Acts of Parliament who have a Bench in Parliament not as Judges but sit there in time of Parliament to give their opinion to the Parliament when required in matters of intricacy The Lords of Session make their own Collectors and other Servants of the house except the four ordinary Macers who serve them in time of Session and have their Commissions from the King with yearly pensions besides their ordinary dues from parties The Lords appoints certain of their number weekly to sit upon all Bills of Suspension c. And for examining of Witnesse by turns This Court having formerly been called the Kings Council for the reasons foresaid had not only a distributive but a cumulative Jurisdiction The reasons for dividing and giving part of their Power to the Privy Council and partly to the Justice Court is not sit now to be urged The restricting the power of this Court and imparting it to others and displacing Judges that were honest men Notwithstanding their Commission ad vitam culpam who could not comply with any designs against their Conscience and placing men not fit for that weighty imployment or that would comply was a ready tool to serve that prerogative which some Parliaments gave the King by the help of evil Ministers that were either too forward or others that connived at any thing was enjoyned them to a Stretch of fundamentals tending always by degrees to a despotick power and arbitrary Government This Court likewise has an Ordinar at the side Bar which though not in their Constitution dispatch much ordinary business and is pretty well regulate within these two years allowing none at the Bar but one at once some think as was hinted before that this Court might supply the Privy Council for the ease of the Lieges The fourth Soveraign Court is the Justice or Criminal Court having a Cumulative Jurisdiction THis Court came in place of the Justice Eir or Justice General which was last of all in the Person of the Earl of Argile who transacted for it with King Charles first and was made then Justice General of all the Islands which raised great debates betwixt him and some pretended heritable Sheriffs there and that Jurisdiction was taken away by the Parliament 1672. Which was erected in a Justice or Criminal Court this Court consists of the Justice General alterable at the Kings pleasure Justice Clerk and five other Judges who are Lords of the Session and this Court ordinarly sits upon Monday and goes sometimes to the Country by Circuits which the Country found to be very uneasie to them The ordinary Clerk of this Court has his Commission from the Justice Clerk They have four ordinary Macers and a Doomster appointed by the Lords The Clerk raises a libel or inditment upon a Bill past by any of the Lords thereof at the instance of the Persuer against the Defender a criminal who is readily incarcerated after citation When the Party Witnesses and great Assize or Jury of forty-five are cited the day of compearance being come fifteen of the greatest Assize is chosen to be the Assize upon the pannal or prisoner at the Bar if he be a Peer most part of his Assize are Peers and the Assize sits with the Judges to hear the Libel read witnesses examined and the debates hinc inde which is verbatim written in the adjournal Books The Kings Advocate pleads for the Persuer being the Kings Cause and other Advocates for the pannal the debates being closed they either find the Libel or Inditement not relevant in which case they desert the Diet and assoiles or absolves the party or if relevant then in that case the Assize or Jury of fifteen is removed to a closer Room none being present with them where they choose their own Chancellor and Clerk and considers the Libel Deposition and Debates and brings in their Verdict of the pannal Sealed guilty or not guilty if not guilty the Lords absolves if guilty they condemn and declares their Sentence of condemnation and the punishment to be put in
and their Six under Clerks and all Extracters in the Three Offices All buy their places of the Lord Register Emoluments The Clerks of the Bill Chamber and several other Clerks there which is a great Office and of Great Emoluments The Sheriffs Rolls and Stewards Rolls Clerks who are not many but these are called Clerks of Exchecquer and the Lord Register gets entry Mony for them and their Deputies Fees. The Clerks of the Baily Rolls Ibidem Fees. The Clerks of the Burrough Rolls and their Deputies Ibidem Fees. The General Register of Saisings c. Fees. The General Register of Hornings and Inhibitions Fees. All the particular Registers of Saisins Inhibitions c. in every Shire and Burrough of the Kingdom Fees. The Clerk for admission of publick Notaries in the whole Kingdom Fees. Of late the Keeper of the Rolls of the Outer Session House and the Keeper of the Minute Book of all things done in the Inner and Outer-House though it properly belonged to the Lord President with advice of the Lords All Clerks to the Justices of Peace in the Kingdom Emoluments The Keepers of all the Registers and Rolls of Parliament and Session laid up in the lower Parliament house within the time prescribed to be there kept with all his Substitutes and Sub Clerkswithin the Kingdom This is a great Emolument likewise and is one of his casualities what Fees they please There is another Office added to him Parliament 1685. in the Clerks Office called Keeper of the Register which is beneficial and seems to be a grievance to the Nation by the addition of half a Mark Scots mony to him for every Subscription The Kings Advocate He grants only deputations to persons in his own Office in any part of the Kingdom where his presence cannot be in Criminal or Circuit Courts His own Principal Servant who in his name passes all extraordinary Bills competent to him for his dues and Summons that are not priviledged without his marking and Commissions for Trial. The Justice Clerk. He grants only Commission to the Clerk of Justice Court some servile Macers and the Doomster of that Court. Town of Edinburgh The Two Town Clerks and the several Deputies and Dependers in City and Suburbs the Emoluments of which are great and a place of great Trust who ought to be known Lawyers and Men of great skill as well as Integrity Agents for the Burroughs chiefly dispos'd of by the Provost A Pension Keepers of the Tolbooths or Prisons of Edinburgh Leith and Cannongate Emoluments Clerk to the Meetings of the whole Burroughs Emoluments Clerks to the Kings Customs there Pensions The disposal of many other beneficial places within the City and Suburbs which with their other Priviledges Rents casual and real and Stems makes a great publick good but how imployed being seldom called to an account though the Lord Thesaurer or Collector General or Commissioners of the Thesaury are obliged yearly to call them by vertue of an Act of Parliament to an account in the Exchequer neglecting of which proves a great Detriment to the publick Good of the place Sheriffs and their Deputies only the Fees and Emoluments Most of the Sheriffs were anciently heritable and being a matter more of Profit than of Charge our Kings bought many of their Rights so that there are now some of them heritable some by the Kings Gift The Sheriff may sit by himself or his Deputy who judges in ordinary Causes as also in Thefts Murder and lesser Crimes but in Murder when the Criminal is taken in hot Blood though there be no Appeal in this Kingdom yet any Cause may be taken from it by Advocation before Sentence or Suspension of the Decreit after Sentence by the Lords of Session in Equity c. and are the ordinary Reasons given in their Petitions or Bills these Courts are much encroached upon by some later Regalities by Repledgiations A List of the Sheriffdoms of the Shires of Scotland and their Sheriffs 1 The Shire of Edinburgh comprehending Midlotham By the Kings Gift 2 The Shire of Berwick containing Merce Earl of Hume 3 The Shire of Peebles containing Tweddall Earl of Tweddall 4 The Shire of Selkirk containing the Forrest Murray of Philiphaugh 5 The Shire of Roxburgh containing Tevidale c. Duke of Buccleugh 6 The Shire of Drumfreis containing Nidisdale c. Formerly Earl of Drumfreis now Duke of Queensberry 7 The Shire of Wigtoun containing the West part of Galloway to Carruck Sir Andrew Agnew but for present the Viscount of Dundee by the late incroachment 8 The Shire of Air containing Kyle Carret and Cunningham By the Kings Gift 9 The Shire of Ranfrew containing that Barony Earl of Eglintoun 10 The Shire of Lanerk containing Clidisdale Duke of Hamilton 11 The Shire of Dunbarton containing Lenox Duke of Lenox 12 The Shire of Boot containing the Isles of Boot and Arran Stuart of Boot 13 The Shire of Interara containing Argile and some of the Western Islands Earl of Argile 14 The Shire of Perth containing Atholl and much Highlands with the Earldom of Monteith and Trathern Marquess of Atholl 15 The Shire of Striveling lies on both sides of the River of Forth Earl of Marr. 16 The Shire of Linlithgow containing Westlothian Hopetoun 17 The Shire of East Lothian Earl of Wintoun 18 The Shire of Clackmannan containing a part of Fiffe Bruce of Clockmannan 19 The Shire of Kinross containing another part of Fiffe Earl of Mortoun 20 The Shire of Coupar contain the third Division of Fiffe Earl of Rothes 21 The Shire of Forfar containing Angus with its pertinents Earl of Southesk 22 The Shire of Kinkardin containing Merms Earl of Marshal 23 The Shire of Aberdeen with its several pertinent of great extent By Gift 24 The Shire of Bamfey containing part of Buchan c. Baird of Auchmedan 25 The Shire of Elgin containing the Eastern part of Morray Dumbar of Westfield 26 The Shire of Naim containing the West part thereof Sir Hugh Cambell of Calder 27 The Shire of Innerness containing Badzenoch Lochqualer and the South part of Ross but formerly contained all beneath it Earl of Morray 28 The Shire of Cromartie containing that part of Ross within its Frith Viscount of Tarbat 29 The Shire of Ross containing the Sky Lewis and Harrick By Gift 30 The Shire of Sutherland containing Strathwater Earl of Sutherland 31 The Shire of Cathnes containing that Country Earl of Cathnes 32 The Shire of Orkney By Gift The Burghs of Regality and Barony being no State sending no Commissioners to Parliament or Convention and having less Priviledges and belonging to particular persons as the Kings Grants and where these Lords or Barons hold their own particular Courts but have power of Pit and Gallows they are not to be treated of here not concerning the Government much except it be where late Grants encroaches upon old Jurisdiction Constabularies Stuarties and Bailaries Constabulary of Haddingtoun containing East Lothian and Lautherdale Earl of Lautherdale if he