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416 Moreover, in Criminal Matters, Juftices are fometimes appointed by the King's Commiffion, for deciding this or that particular Cause.

Justices of the Peace.] Thefe have been of a long standing in Scotland, but under feveral Regulations; the last render'd the Commiffion of the Peace wholly ineffectually, viz. That they were not to take Cognisance of Riots till Fifteen Days after the Fact. This Act of Parliament was procured by the Great Men, in favour of themselves, who had most of the Sheriff's Courts and Regalities in their own Hands, and thereby kept the Commons in a conftant dependance on them. The only Check they had upon them, were the Parliament and Council; but the Seat of these being transferred by the Union, the Parliament of Great Britain has restored the Fifteen Days to the Juftices of Peace, that the Heretable Officers may not be Arbitrary and without Controul; and that the Commons may have fome fhare in the Policy and Publick Government, as they have in South Britain.

Cozoners.] The Coroners Inquefts are very ancient, their Office being largely prefcribed in the Laws attributed to King Malcolm II. where all Matters are faid to be Cognizable by them which are Breaches of the King's Peace, and they are required to have Clerks to Register Depofitions and Matters of Fact, as well as Verdicts of Jurors, but at prefent this Office is in Defuetude, except in fome particular Places, where the Coroners present all Malefactors, and take them to and from Prifon.

Of the Government of Royal Boroughs, Free Incorporati ons, and Villages.

Royal Boroughs] Are Corporations made fo for the Advantage of Trade, by Charters granted by feveral Kings of Scotland at . feveral times, which Corporations have a Privilege of fending Commiffioners to reprefent them in Parliament.

Thefe Boroughs have all their particular Privileges by themselves, and in general they have all of them within their respective Bounds, fole Power of Trade and Merchandize exclufive of all others; they can keep Courts, have the Jurifdiction of Sheriffs, and can make Bye-Laws for the Government of their Boroughs and the Regulation of their Trade: Actions also between Burgeffes are ordinarily decided by their proper Magiftrates.

The Guild is a Society of Merchants who are Freemen of a Borough: Every Royal Borough has a Dean of Guild, who is next Magiftrate to the Bailiffs; He judges Controverfies between Merchants concerning Trade, Dilputes between Inhabitants concerning Buildings, Lights, Water-Courses, and other Nuisances, calls Courts at

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which all the Brethren of the Guild are bound to give Attendance, manages the common Stock of the Guild, and amerces and collects all Fines.

Thefe Royal Boroughs are not only feveral diftinct Corporations, but they are alfo one entire Body, governed by, and accountable to one general Court. This Court was anciently called the Court of Four Boroughs, and was Yearly held to treat and determine concerning Matters relating to the common Advantage of all the Burghs. The Four Boroughs which composed this Court were Edinburgh, Stirling, Roxburgh, and Berwick; but when the two laft were fallen into the Hands of the English, Lithgow and Lanerk were put into their Places, but with a Saving for Roxburgh and Berwick, whenfoever they should be recovered to their ancient Allegiance.

But this Court not being fufficient to anfwer the Neceffities of the Royal Boroughs in general, in King James Ill's Time, Ann. Dom. 1487. all the Boroughs were impower'd to fend Commiffioners to a Yearly Convention of their own, which was then appointed to meet at Innerskeithing, wherein they were to confult concerning Matters belonging to the common Welfare of all the Boroughs: But there are no Records of thofe Conventions older than 1552. when a Convention of Boroughs fat at Edinburgh. Thefe Meetings made Acts for the Good of their Body, which were as binding as Acts of Parliament, upon all and every of the Burghs which they did concern.

By the old Borough Laws no Man could be fent a Commiffioner to Parliament, or to any Convention or Meeting of Boroughs, except he were a Merchant or Trafficker, free of, and refiding in the Borough which he was to reprefent. But in 1699 the Borough made an Act to capacitate the fame Man to be their Commiffioner in Parliament, and in the Convention of Boroughs, (which he could not regularly be before) and likewife to capacitate any Man having Heritage or Intereft in any Burgh, of who might lofe or win in the Concerns of that Borough, to be chofen as a Commiffioner to reprefent it.

The Power of the Convention of Boroughs is very great. All Cafes of Trade and Government within any Borough are there decidable: Differences between Burgh and Burgh are there determined: They can Unlaw any Burgh or Burgess that fhall difobey them: They determine the Elections of Magiftrates, and Councils: They fine Delinquents, and those that are dilobedient to their Decrees: They judge Misdemeanors of their Confervators and Factors abroad: They appoint Commiffioners to visit the Burghs, and to make Reports to the Corvention, that they may determine what is proper: In 1691 there was a General Vifitation of all the Royal Boroughs in Scotland, and the Commiflioners were order'd to enquire into the State of each Burgh, as to their real and casual Rents and Revenues: Their Trade and Shipping, and the Constitution of their Prifons and publick Works: Their Har bours and Bulwarks, the Condition of their Houfes, and the Manage ment of their common Stock: And this Commiffion was faithfully executed, by which means the Convention was fully appriz'd of all

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Part II. all that concern'd the Boroughs in general, and every Borough in particular.

They have made Laws relating to Shipping, to Mafiers and Owners of Ships, to Mariners and Merchants, by whom they were freighted: To Manufactures, fuch as Plaiding, Linnen, Yarn, &c. to the Curing and Packing of Fish, Salmons, Herrings, c. to the Importing and Exporting feveral Commodities.

The Trade between Scotland and the Netherlands is fubject to their Regulation: They fix the Stapleport, which was formerly at Dort, and is now at Camprere. Their Confervator is indeed nominated by the Crown, but then the Convention regulates his Powers, approves his Deputies, and appoints his Salary; fo that in truth the whole Staple Trade is fubject to their Management. They have alfo an Agent, Mr. George Smallet, Advocate, and two Clerks, Mr. Adam Wat, and Mr. George Hume, who are alfo Town-Clerks of Edinburgh.

Laft of all, they have fent, upon Occafion, Commiflioners from the whole Body into France, England,, Denmark, and Poland, to negotiate Matters relating to their Body, to complain of Grievances, and the like; and this too they have done within thefe few Years: The Convention of Boroughs generally fits at Edinburgh, and they never remove from thence unless it has been agreed in Convention, and another Place appointed on purpofe. It is ufually fummoned by the Provolt of Edinburgh, who iffues out his Letters for that purpose, and who upon any Emergency may fummon a Convention pro re nata.

Colon-Council.] The Town-Council meet orce or twice a Week, to confider and deliberate about the Affairs of their Incorporations, and have their feveral diftin& Courts for adminiftring Juftice in indifferent Affairs; but their Magiftrates by their fundamental Rights continue in their Offices but one Year; tho' fometimes by Court Favour, and the private Intereft of fome Citizens they continue longer. But all thefe interior Judges and Magiftrates, tho' they have their own Laws and Customs to rule by, yet all their Decifions and Determinations center in the Common, Civil, and Municipal Law, by which the Sovereign Judicatures proceed, which gives a Check to any Irregu larities that thofe may at any time commit in their refpective Ju

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Of Manners, Customs, Laws, &c.

СНАР. I.

Of Religious Manners, viz. of the Clergy, their Name, Orders, Privileges, Revenues; alfo of Diffenters from the Establish'd Church.

Pame.

ROM the Beginning of Chriftianity the Minifters of God in his Church have been called the Clergy, from the Greek Word KA, a Lot, as being more peculiarly God's Inheritance; for fo that Greek Word metaphorically fignified. From thence came the Word Clerk, which has fince been taken up in other Profeffions; for which Reafon Churchmen in Scotland have been ufually called Minifters of God's Holy Word and

Sacraments.

As long as Epifcopacy continued in Scotland, all the Parish-Priefs received Orders from Bishop only, who were affifted by Presbyters. Now fince the Establishment of Presbyterian Church-Government that is not required, but instead of Epifcopal Ordination, they receive Ordination by Solemn Frayer and Impofition of Hands from the Presbytery.

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How

How a Clergyman becomes fettled in a Living.

The Crown, the Nobility, and Gentry, by the ancient Laws and Conftitution of Scotland, had the Right of presenting Minifters to the Livings in their Gift, to the Bishop of the Diocefs, for Inftitution and Induction; but upon the Abolition of Epifcopacy, Lay-Patronages were taken away by Act of Parliament, and in cafe of a Vacancy in any Church, the Right of Prefentation was fettled in the Heritors of the faid Parish (being Proteftants) and the Ruling Elders: But that Method being found prejudicial to the Rights of Lay- Patrons in difpofing thereof, and for other Reafons affigned, the Parliament of Great Britain, in the Tenth Year of the Reign of Her late Majesty Queen Anne, Enacted, That from and after the First Day of May, 1712, it fhall and may be lawful for her Majefty, her Heirs and Succeff rs, and for every other Perfon and Perfons who have Right to any Patronage or Patronages of any Church or Churches whatfoever, (who have not made and subscribed a formal Renunciation thereof under their Hands) to prefent a qualified Minifter or Minifters to any Church or Churches, whereof they are Patrons, which fhall at any time after the faid First Day of May happen to be vacant, and the Presbytery of the refpective Bounds, fhall, and is obliged to receive and admit the Minifter fo prefented accordingly; any thing, in any other A&t, to the contrary notwithstanding.

Oath of Allegiance.

I A B. do fincerely Promife and Swear, that I will be faithful and bear true Allegiance to His Majesty King GEORGE. So help me God.

The Affurance.

IA. B. do in the Sincerity of my Heart Affert, Acknowledge, and Declare, That His Maj fty King GEORGE is the only Lawful undoubted Sovereign of this Realm, as well de Jure, that is, of Right, King, as de Facto, that is, in the Poff fion and Exercife of the Government; and therefore do fincerely and faithfully promise and engage, that I will with Heart and Hand, Life and Goods, maintain and defend His Majesty's Title and Government against the Pretended Prince of Wales, and his Adherents, and all other Enemies, who either by open or fecret Attempts shall difturb or difquiet His Majesty in the Poffeffion or Exercife thereof.

Privileges of the Clergy.] The Privileges of the Scotch Clergy fince the Reformation, are as confiderable as in any other Proteftant Kingdom or State, in relation both to their Perfons and Eftates; for the Law has provided, that fuch as fhall be found guilty of Affaulting the Lives of Minifters, or robbing their Houfes, or actually attempting

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