over all the Bakers, and the Buttelarius, who commanded over all the Keepers of Taverns, and other Officers of that Nature.

Lord Chamberlain.] This seems to be an Office of great Truft, as appears by the Iter Camererii, in the old Laws of Scotland, publish'd by Shene, in the Book which paffes under the Name of Regiam Majeftatem. This Officer was to take care that the Magiftrates of Burghs did rightly manage and adminiftrate their common Good. Few of late times have enjoy'd this Office; for the Duke of Monmouth had the laft Commiffion of this Nature.

Matter of the Hopfe.] This Office has been funk, ever fince James the Sixth tranflated that Seat of his Empire from Edinburgh to London.

Comptroller.] Is the fame with Treasurer of the Houshold in England: He was an Officer of State, 'till the Order of Parliament reftraining the Number o Eight befides the Chancellor, whereof the Mafter of Requests was one, now confounded with the Secretary; and fo the Treasurer is now come into the Place of the Comptroller.

Matter of the Houthold.] This is a Place of great Dignity in Scotland, and by Inheritance belongs to the Duke of Argyle, and as a Badge of his Office he carries a Batton covered with Crimson Velvet, powder'd with Gold Thiftles, adorned with Imperial Crowns. This Office appears to be the fame with the Dapifer or Seneschallus, who was Dominus Domus Regis, and afterward was called Senefchallus Scotia. And after the Seneschally came to the Crown, thefe Officers were called Magiftri Hofpitii Regis.

King's her.] This Office is equivalent to that of Master of the Ceremonies in England, for he was anciently the Introductor of Ambaffadors to the Kings of Scotland; he also attended the King or his High Commiffioner, and by vertue of his Office rid in the folemn Cavalcade to Parliament; 'tis an old Office, and belongs Heritably to the Family of the Cockburns of Langton.

Herald's Office.] The firft Conftitution of this Office was certainly defigned to reward, with Coat-Armour, and proper Badges of Honour, fuch as had done great Service to their Prince and Country, the King at Arms being the competent Judge of the Bearer's Merit. The Title of King at Arms is Lyon, fo called from the Royal Bearing of Scotland. He holds his Office by Patent under the Great Seal; and there are confiderable Fees belonging to it: He attended formerly on the Parliament, affifted on Coronations, and still walks or rides in Proceffions and Cavalcades: He is at all folemn Proclamations, and wears on thofe Occafions a rich Coat of Arms, and fometimes a long Crimfon Robe; and at Coronations he wore a Crown gilt: He has a rich Foot-Mantle, and suitable Horse Ornaments at Cavalcades, and Batton Semee of Thistles: He is principal Herald of the Order of St. Andrew, or the Thistle, and wears the Order in Gold about his Neck, banging down on his Breaft: He has Power to give, and difference Arms: He admits all the Heralds, Pursuivants, and Meffengers at Arms; and of old admitted both Macers and Trumpets: He holds Two folemn He.d Cours

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Courts in the Year, on the 6th of May, and the 6th of November, when all Meffengers are obliged to appear before him; and at other times as often as he has Occafion to call one: He has one or more Deputies, who ordinarily fit with him; the Heralds alfo fit and vote, but tho' the Purfuivants fit, they have no Vote: He has a Clerk, Fifcal and Officer; and all Magiftrates are obliged to concur with him, and afford Prifons for punishing Offenders: He attefts all Genealogies under his Hand and Seal, which bear Faith Abroad as well as at Home : He and the other Heralds and Purfuivants, according to their refpective. Stations, denounce War, and proclaim Peace, command the Subjects to lay down their Arms, make Citations in Actions of Treason, and do all things proper to the Office of an Herald here, or in any other Kingdom; and befides, Lyon and his Brethren enjoy many other Privileges Honours, Dignities, and Immunities.

There are Six Heralds, Albany, Rothesay, Suadown, Marchmont, Yla, and Rofs.

There are alfo Sx Purfuivants, Unicorn, Kintire, Bute, Dingwall, Ormond, and Carrick.

The Heralds and Pursuivants take Place according to their Patents. There are alfo Six Trumpets, who are called the King's Ordinary Trumpets, who are obliged to attend upon the Orders of the Heralds Office.

Lyon King at Arms is invefted and crowned in a most folemn man ner, as will appear by the Order, (which is hereto fubjoined) that was observed at the Coronation of Sir Alexander Areskine of Combo, Kt. and Baronet, prefent Lyon King at Arms, which was performed by King James VII, then Duke of York, as representing his Brother King Charles II.

To Lyon, and his Brethren Heralds, belongs the publishing the King's Proclamations.

If the Proclamation be very folemn, fuch as of Peace, or War, or Indemnity, the Lyon, Heralds, and Pursuivants begin their Proceffion from the Door of the Council-Chamber, and walk to the MarketCross, the Trumpets founding before them, and walking Two by Two, the Youngest always firft, and Lyon laft, with the Clerks of the Council.

If it be an ordinary Thing, only the Heralds and Purfuivants go from Lyon's Office, and return in the fame manner.

When they are come to the Crofs, the Trumpets give Three Sounds, and they pulling off their Hats, Lyon himself, in extraordinary Causes, and in ordinary ones the Eldeft Herald, makes Proclamation of what is privately read by the Clerk of the Council, who ftands behind the Proclaimer; and then the Trumpets found, and they return as they came. After the fame manner alfo are published the Acts of Parliament, and Conventions.

When the Sovereign is to be proclaimed, the Privy-Council, in a Body, ufher'd in by Lyon, with the Heralds and Pursuivants, and the Magiftrates of Edinburgh in their Formalities, go to the Crofs and

affift at the Proclamation, there being a Theater erected below the Crofs for the Magiftrates, and fuch of the Nobility as cannot get room on the Crofs; nay fometimes the whole Convention of Eftates or Parliament have gone in a Body from the Parliament-Houfe, to grace that Solemnity.

Sometimes alfo the Chancellor hath proclaim'd, and the Register read, Lyon and bis Brethren ftanding by.

Ordinarily the Proclamation begins and ends with God fave the King.

When War is proclaim'd, it is done on the Crofs, at the Caftle-Gate, and Peer and Shore of Leith.

The Ordering and Marshalling of Funeral Solemnities belonged alío formerly to the King at Arms.

The Reverfing of Arms after Sentence of Forfeiture belongs also to the King at Arms, and is thus performed.

When the Sentence of Forfeiture is pronounced against any Man in Parliament, the great Doors are caft open, Lyon, Heralds, and Pursuivants preceded by the Trumpets in their Formalities, come in and advance with Sound of Trumpet, till they be within the inner Bar, when the Heralds and Purfuivants ftand at the End of the Table, and, the Trumpeters on a Bench hard by the Bar, and the King at Arms advances to the Throne, and ftepping up, ftands a Degree below the Chancellor until the Sentence be read, and then, after Sound of Trumpet, he or his Deputy holding in his Hand one Efcutcheon of the Arms of the forefaulted Perfon (every one of the Heralds and Purfuivants holding the like) fay thus, Conform to this Sentence of His Mayefty's High Commiffioner, and States of Parliament now pronounced against A.B. finding him guilty of the Crime Treafon, forefaulted him in Life and Fortune, and ordaining his Arms to be reverfed and torn in manner therein contained: I His Majefty's Lyon King at Arms, affifted by my Brethren the Heralds and Purfuivants, do in His Majefty's Name, and by His Authority, openly reverse, tear, and trample under Foot (at which Words they first reverfe, and then tear and throw away the Arms) thefe Armorial Enfigns of the faid A. B. and intimate the fame to be Cancelled, Delate, and Razed forth of the Books and Publick Registers of Arms, and declare the faid A. B. as being a Traytor, and Disloyal, and the Defcendants of his Body, to be henceforth unable and unworthy to bear any Coat Armour, or any Mark or Token of Honour for ever. From thence they go to the Crofs and do the fame.

If the Sentence be pronounced by the Lords of the Jufticiary, a like Form is used.

If the Perfon be of ordinary Quality,. the Heralds and Pursuivants do it; if he be a Peer, Lyon or his Deputy is prefent.

Laft of all, fome Efcucheons of the Arms reverfed are affixed on the Crofs, with the forefaulted Perfon's Name, and the Word of a Traytor; and if any fuch Perfon have their Arms regifter'd in the Lyon's -Books, they are razed out.

CHAP. VI.

Of the Civil Government of Scotland in the respective, Courts of Judicature.

TH HE Privy-Council of Scotland was fometimes faid to be the Spring of the Government, feeing all Parliaments and Conventions of Eftates were called by their Advice; and the Writs iffuing under the Great Seal for fummoning Parliaments were directed to them, and the Members Elected were returned by them: But now the Union of the Two Kingdoms of England and Scotland being happily ef fected, the whole Ifland is thereby fubject to one Sovereignty, and reprefented by one Parliament. The Privy-Council of Scotland was abolished Anno Sexto Anna Regina in an Act of Parliament of Great Britain, entitled, An Act for rendring the Union of the Two Kingdoms more compleat; wherein it was enacted, That from and after the First Day of May, in the Year of our Lord One Thousand Seven Hundred and Eight, the Queen's Majefty, her Heirs and Succeffors fhall have but one Privy-Council in, or for the Kingdom of Great Britain, to be fworn to her Majefty, her Heirs and Succeffors as Sovereigns of Great Britain; and fuch PrivyCouncil fhall have the fame Powers and Authorities as the Privy-Council of England lawfully had, ufed, and exercised at the Time of the Union, and none other. Which Act has also lodg'd the Power of fummoning and returning Members of Parliament in other Hands.

The Courts of Judicature.

The College of Justice.] This Court which was inftituted by King James V. Anno 1532, is one of the moft Noble, Decent, and Orderly Courts in Europe, both upon account of its firft Foundation, and of the later Conftitution made by the faid K. James V. who by its newer Foundation created it a College of Juftice, after the Form of the Supreme Sovereign Court or Parliament of Paris, and gave it great Privileges, Emoluments, and Immunities. Before this fecond Erection, it was called in Scotland the King's Council, and the Lords were cal led Lords of Council and Seffion, which Title they ftill carry, being at firft no more than a Committee of Parliament, and Ambulatory by Circuits; it is fuppofed that it had even then a Cumulative and Diftributive Jurifdiction center'd in one, which made it both Civil and Criminal. This Court now confifts of one conftant Prefident, and fourteen other Members. The Lord High Chancellor prefides here when prefent, but fpeaks little unless he is bred a Lawyer ; the King names feveral other extraordinary Lords, who fit, but are not obliged to Attendance, becaufe they have no Salaries, but Votes among the rest. The Court fits from the first of November to the laft of

February

February; and from the firft of June to the laft of July, all inclufive; and the fame is ordain'd by Act of Parliament for all the other Judicatories in Scotland, which fit at the fame time without regard to the Christmas Vacation. In time of Seffion they fit from Nine a-Clock in the Forenoon, every Day in the Week but Sunday and Monday: Sometimes they fit in the Afternoon to end concluded Causes, or to hear fuch long Debates as the Forenoon was too fhort to hear, which gives a great Difpatch to Causes that come before them. The Lords both Ordinary and Extraordinary, when in the Inner House, fit on a Semicircular Bench in to their Robes, to hear Petitions and Proceffes refumed by the Clerks: The Advocates debate. their Clients Causes before them. Here are Six principal Clerks, who minute the Heads of great and weighty Caufes and Debates, and write the Deliverance of Bills, Interlocutory and Definitive Sentences by the Lords in the Inner House, who alone make Decreits, and determine all Bufinefs in that Court, there being no Appeals from it to any other Court; but by Applications to themfelves before Extract, Reduction or Sufpenfion in common Form. Which in the second Inftance comes always be"fore themselves, and must be upon other new Grounds than was formerly reprefented. Nine of the Lords make a Quorum in the Inner Houfe, otherwise they cannot vote in any Cafe, except in particular Cafes referr'd to one or more of the whole Lords; and one of the Members (the Prefident being always excepted) is weekly appointed Judge in the Outer Houfe, for difcuffing of ordinary Actions, who fits upon a Bench, with the Six Under-Clerks fitting before him, who minute likewife in their Course, as they do in the Inner Houfe, all Debates or Writs, Signatures or Sentences of ordinary Caufes decided by the Ordinary, who meddles with no extraordinary Cafe, except where it is remitted to him by all the Lords to be difcufs'd in the Outward House for Dispatch. There is a Roll of ordinary Actions, fuch as Summons, fimple Reduction, Improbation, Recognition, &c. Advocations and Sufpenfions 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 Ordinary in the Outer House, and fo decreted, or else the Parties crave a Representation of one Point or more to the whole Lords, and the Ordinary is 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 moft of the Caufes of the Outer House, especially of Confequence. come to the Inner House, by making an Avisandum to all the Lords, and is enrolled in course, by Warrant in the Inner House Roll of Ordinary Actions, which in its Course comes again to be called in the Inner House before the whole Lords; and after debating there, is either a Decifion, or the Cause is concluded. Where there is any Probation led or inrolled de novo, in the Roll of concluded Caufes in the Inner House, it's advised by the Lords (in fome Special Cafes, in which they are allowed to remove all but the Parties and their Profecutors) with clofe Doors; and where there is any Difficulty after, the Prefi

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