ed; punishing Foreftallers, Regraters, and Dearthers of Corn, Fish and Drink, Firewood carried over Sea: Pleading before another Court in Matters belonging to their Jurifdiction: Determining in other Courts thereupon: Procuring Paffes and Certificates in Maritime Caufes, other than from the Admiral: Exporting beyond Sea Traytors, Rebels, Rogues, and Fugitives from Juftice: Hiring and freighting Foreign Ships, when their own would have done. Throwing Sand or Ballaft into Harbours or Channels, whereby they may be choaked: Shipwrights or Boatmakers extorting upon the Subjects: Taking away of Buoys, or cutting of Cables: Ufing falfe Weights and Measures at Sea. Committing Murder within the Jurifdiction of the Court: Not appearing at Mufters in time of War, which the Admiral has Power of appointing at Pleasure, at which all Inhabitants within a Mile of the Coaft are obliged to appear, under what Penalties he thinks fit: Punifhments of Offences committed within his Jurifdiction by Mariners; the Amercements of which fall to him; as do alfo Wafts, Strays, and Deodands, and Wrecks, befides his Share of lawful Prizes, Lagon, Flotfon and Fetfon, and all Royal Fishes. In fhort, all Maritime Caufes are triable only before his Judge (for the Admiral never judges in Perfon) who is therefore filed Judex Supremus Curia Admiralitatis Scotia.

Causes are tried in that Court by the Civil Law (which is properly in fuch Cafes the common Law of Scotland) in which also they are affifted for deciding of particular Cafes, by the Laws of Oleron, Wisby, and the Hanfe Towns, and the later Conflitutions of Amsterdam, and other Towns of Holland.

The Members of this Court fince the Death of his Royal Highness Prince George of Denmark, late Lord High Admiral of Great Britain, are David Earl of Weemys, Vice Admiral of Scotland; Sir Robert Forbes, and Mr. James Graham, conjunct Judges for Life, by Commission from the Earl of Weemys.

Alexander Bayne of Logie, is Secretary to the Earl of Weemys, Lord Vice-Admiral and Agent for the Trade of Scotland; but many Noblemen and Gentlemen are conftituted Admirals Depute of feveral Places in the Country by his Lordship, and are frequently changed at his Plea fure; and generally the Magiftrates of Sea-Coaft Towns are appointed Deputy Admirals within their own Precincts; and fuch Englishmen of War as come up the Frith, for guarding and fecuring the Coafts, receive their Orders from the Lord Provost of Edinburgh.

The Judge's Salary is 100l. Sterling a Year by Act of Parliament, and for every Decree which he pronounces, whether Condemnator or Abfolviter, he has a Fee, as the Lord of Seffion, and Justiciary anci ently had, before their Salaries were afcertain'd upon appropriated Funds. The Judge alfo has Fees for all Paffes and Safe Conducts granted to Ships, and a Gold Penny for every new Ship, or new Matter of a Ship within Scotland. The Clerks have the Dues of all Summons of Precepts, and of all Extracts of Decrees, A&ts or Sentences that are pafs'd in that Court.

Attendant

Attendant upon the above-mention'd Courts, especially on the Lords of the Seffion, is the College of Advocates; of which take the following Account.

Of the College or Faculty of Advocates.

Faculty of Advocates.] Immediately after the Inftitution of the Seffion, a certain Number of Perfons of the best Reputation, Knowledge and Experience, were appointed to plead in all Actions before that Court, who were called General Procurators of the Council or Advocates. Their Number was at first but Ten, and when any were wanting, the Number was to be fupplied by Advice of the Lords of Seffion. But in process of time, Bufinefs increafing, the Number of Advocates increased likewife; fo that now their Number is 180. Of thefe 140 conftantly attend the Houfe; many of the rest are Gentlemen of good Estates, who enter'd into that Body with no other View, than the Honour of being Members of it. The whole Society goes commonly under the Name of The Faculty of Advocates. They meet every Year the first Tuesday in January, at which Time they chufe their Annual Officers, namely, the Dean. Treasurer, Clerks, Private and Publick Examinators, and a Curator of their Library.

The Dean's Office is to pretide in all their Meetings; and upon any extraordinary Occafion, when the Faculty cannot be conven'd, he affumed to himself a certain Number of the moft Intelligent and Experienced of the Faculty as a Council, to look after the Interefts and Concerns of the Society. Tho' his Office is Annual, yet the fame Perfon is ufually elected again, and is rarely changed.

The Treasurer has the Cuftody and Management of their Stock, which arifeth from the Dues paid by fuch as are admitted into the Society, and he is frequently continued for several Years,

The Clerks are Two of their own Number, who attend their Meetings by turns, and take Minutes of their Proceedings, and give out Extracts of the Orders of the Faculty under their Hand; they are not frequently changed.

The Manner of Admiffion into this Society is by a Trial in the Civil Law, and fometimes, tho' rarely, by a Trial in the Scots Law: The Perfon defiring to be admitted, having upon a Petition obtained from the Lords a Recommendation, or remit to the Dean of the Faculty, he giveth a Remit to the private Examinators, who are chofen Anuually, and fworn to be faithful in their Office. They are Nine in Number, and after their Election they divide the Body of the Civil Law into Nine Parts, each taking one, and having appointed a Dies for Examination, where Seven at least must be prefent, they all of them examine the Candidate: and thereafter the Question being put, Qualify'd, Yea, or No, they give their Opinion by Balloting; upon which the Candidate is either admitted by figning his Petition, or remitted to his Studies. After the private Trial, the Candidate being re

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commended by the private Examinators, the Dean affigns him a Title of the Civil Law for the Subject of his Thefes: And having obtain'd a Diet, i. e. a fet Day for his publick Trial, he diftributes his Thefes among the Advocates Eight Days before; and on the Day appointed, the Faculty being met to the Number of 25, (which is a Quorum in all their Meetings, except in the extraordinary Difpofal of Money, and then the faid Quorum is enlarged to 45) Three at leaft of the 15 publick Examinators, chofen Annually for that End to difpute against the Candidate's Thefes, and afterward the Faculty give their Opinion by Balloting as in the private Trial; and if he is found qualify'd the Dean is defired to affign him a Law, for the Subject of his Speech before the Lords. For which end having a Day allow'd him, he appears in the Inner Seffion-house, and is allowed to ftand in one of the Lords Places covered while he makes his Harrangue, after which he is admitted by taking of the Oaths to the Government, and one to be faithful in his Office.

For the Ufe of the Society, the Faculty has a very valuable Library of Books, firft founded about the Year 1680. It was at firft intended for a Library of Books in the Civil Law chiefly: But that End being in a great Measure obtained by a very large Collection made of that kind, they began to furnish their Library with Books of all kind of Literaturs, and of late have made a considerable Collection of MSS. relating chiefly to the Hiftory of the Ifland; and have purchased a curious Collection of Greek, Roman, Saxon and Scottish Medals, which the Ingenious Mr. James Sutherland had with great Labour collected, together with feveral Pieces of Roman Antiquities, and a very noble Col lection of Books relating to both: All which are depofited in their Li brary, which is kept under the Outer Seffion-house.

The Charge of this Library is committed to one or more, and at prefent to three of their Number, who have a Deputy that gives conftant Attendance in the Library at certain Hours.

Befides the Keepers, there are Three Curators of the Library, one of which goes off yearly, and his Place is fupply'd at the yearly Meeting. Their Office is to infpect the State of the Library from time to time, and to give Directions for purchafing fuch Books as they judge proper, and to review and approve the Accounts of them when bought.

The Faculty of Advocates enjoy a great many valuable Privileges in common with the reft of the College of Juftice; but have by the late Treaty of Union this fpecial Privilege, that bereafter none fhall be named by His Majefty or His Royal Succeffors to be ordinary Lords of Seffion, but fuch who have been Advocates or principal Clerks of Seffion for the Space of Five Years, or who have been Writers to the Signet for the Space of Ten Years, having Two Years before their Nomination to be a Lord, undergone a private and publick Trial on the Civil Law before the Faculty of Advocates, and have by them been found qualify'd for the faid Office. By a late Act of the faid Faculty, Mr. William Forbes, one of the Advocates, being anthoriz'd by the Lords of the Seffion, is to write the Decifions of every Seffion during

the

Part II. the fucceeding Vacation, under the Title of the Journal of the Seffion, &c. for which he has a Salary from the Faculty; and the faid Journal is to be lodged in the Faculty's Library, for the ufe of the Lawyers before another Seffion begins.

The Court of Chancery.

The Court of Chancery with the Proceedings therein, is fuppofed to be one of the English Customs which were brought Home by King James I. who lived in an eafy and honourable Confinement there for fome Years in the Beginning of his Reign: So that we are not to ex pect any Records of that of a more ancient Date than the faid Period; yet fome Authors affirm that there was a Chancery before James 1. but own that it was much improved and enlarged by him after his Return from England.

Writers to the Signet.

There is at prefent about One Hundred ordinary Writers to the Signet, who only can Subscribe all Writs that ordinarily pafs the Signet: Of which Number about Thirty are Commiffioners to the Society ap pointed by the Lords Secretaries, for managing the Affairs of the Society, and for judging and trying of the Abufes and Misdemeanors of the Members thereof; and punishing Delinquents according to the Degrees of their Offence, even to the depriving them of their Office as Writers to the Signet. Of the aforefaid Number of Commiffioners, Five, with one of the Keepers, are a Quorum; and they are appointed by the Secretaries of State at their Pleasure. Intrant Writers to the Signet obtain firft a Commiffion from the Secretaries, and, then apply by Bill to the Keepers and Commiffioners; Representing after what manner they have qualify'd themselves for being Writers to the Signet, and crave to be try'd. Upon which a Committee is appointed to examine them, who make a Report to the Keepers and Commiffioners; and if they be found qualified, they are admitted, and have an Act of Admiffion delivered to them: They take an Oath de Fideli, and fign the Rules and Conftitution of the Society, which they are bound punctually to obferve,

Of the Government of Counties.

Sheriffs and Stuarts.] In every County or Shire in Scotland, anciently the chief Magiftrate was the Sheriff, who was the ordinary Judge in all Cafes Civil and Criminal within his Jurifdiction, subject only to the Jufticiary, before the Inftitution of the College of Juftice; he is still ordinary Judge in leffer Causes, but the greater ones are re

ferved to the Justiciary by Statute. The Sentences which the Sheriffs give may be reduced or fufpended by the Lords of the Seffion, who can alfo call before them any Proceffes depending before a Sheriff. Questions concerning Marches, and Controverfies arifing thereanent between Neighbours, are cognizable properly before him. All Breves and Precepts out of the Chancery are directed to him for infeoffing Heirs in Lands held by their Predeceffors. And there are several small Dues belonging to the Crown, which they are obliged to pay into the Exchequer. Moft Sheriffdoms were anciently Heritable, and many are fo itill. The Office was never Annual, sometimes for Life ufually, when not Heritable, only durante Bene placito of the Sovereign. Some Jurifdictions are called Stuartries, and the Stuart has the fame Power in them as the Sheriff has in his Shire. Two of these Stuartries, Kircudbright and Orkney, fend Members to Parliament. In Kyle fome Part of the Propriety of the Great Stuart of Scotland, who was always the King's Eldeft Son, was erected into a Statuatry by it felf. The Stuarof Annandale was the Property of Bruce, and Mac Duff's Estate in Fife is called the Stuartry of Fife.

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Courts of Regality.] Befides thefe Courts, there are other Courts of Regality; where, by virtue of a Royal Jurifdiction invested in the Lord of the Regality, they have many Immunities and Privileges. Thefe anciently belong'd to the Ecclefiafticks, and were appropriated to fuch Lands as they were poffefs'd of in Property and Superiority. But of late many great Men have thofe Regalities granted to them. But thefe Burghs of Regalities being no State, nor having the Power of Pit and Gallows, they only try Causes arifing in their own Liberties.

Here are alfo Barons Courts; every Baron that holds a Barony of the King has fuch a Court, in which leffer Causes are tried, and they can Fine and Diftrain; anciently they cou'd judge Causes of Life and Death, but now they have loft that Power. However they are admitted by fome Learned Men of the Law to be Courts of Record.

Commiflariats.] Here are likewife Courts called the Commiffariat, anfwerable to thofe of the English Diocefan Chancellors, the highest of which is kept at Edingburgh; wherein before four Judges, Actions are pleaded concerning Matters relating to Wills and Teftaments; the Right of Patronage to Ecclefiaftical Benefices, Tithes, Divorces, and Ecclefiaftical Caufes of that Nature; but in almoft all other Parts of the Kingdom there fits but one Judge on these Causes.

The Commiffaries in thefe Courts were formerly nominated by the Archbishop of St. Andrews.

In Criminal Causes, the King's Chief Juftice holds his Courts generally at Edinburgh, which Office was formerly executed by the Earls of Argyle, once Hereditary Juftice General of all Scotland, (the Ifles of Orkney and Schetland excepted) but now the Criminal Jurifdiction of the Duke of that Name does only extend to his own Lands. In the faid Court the Defendant is likewife permitted, even in Cafe of High Treafon, to retain an Advocate to plead for him.

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