100 The Raid at Dumfries on Lammas Even. 



being- created sheriff and the baiUes sheriff-deputes, with full 

 powers to hold courts, appoint clerks, Serjeants and demp- 

 stars, and to fine and poind delinquents. ^9 Modern legis- 

 lation has altered and exactly defined the powers of the 

 Provost and mag-istrates with regard to criminal matters,^^ 

 but the status of a Provost, holding also powers of Sheriff- 

 ship, in administrative affairs, such as the making of Royal 

 Proclamations, does not appear to be at all clear. Blood has 

 been shed in many worse causes than this w^hich we have 

 fortunately so little reason to appreciate now. 



Exactly how cases of assault were dealt with during the 

 years of interdict by the Lords of Council is not clear, and 

 we have no Burgh Court books for the period. From 15 19 

 to 1537, for which period we have records, the burgh deals 

 with cases of assault as it had previously done. We need 

 only cite three cases : — 



January 17, 1519-20 — " The samin daye George Sinklar 

 is amerciamet of this cort for the wrangwss strikin of flfinlaye 

 rechaine, dovm gevin be Jon Welche, and is ordanit to remane 

 xxiiij houris in the tolbuycht for the trubill of the toun." 



Last of February, 1519-20 — " The samin daye Esbell 

 Kaye hais previt lauchfully efter the tennor of ane act maid 

 of befor that will of Kirk straik hyr wrangeosly and aganis 

 the law and the said will is in amerciamet of this, dovm 

 geflfin be bristel lovre, the alderman and bailies ordanis the 



59 Copy in the vernacular, Burgh Charter Room. 



60 The reduction of the criminal jurisdiction of Royal Burghs 

 lias been a gradual one, not effected by direct legislation but by 

 practice. The Jurisdiction Act, 20 George II., c. 43, specially pro- 

 vided that any competent jurisdiction should be retained. An 

 order of the Court of Justiciary (March 17th, 1827) regulated the 

 conduct of proceedings against offenders, the technical formalities 

 of which had the effect of diminishing the number of such trials 

 and of accelerating their transference to the Sheriff. From these 

 causes it is stated, in 1835, that "in practice burghal jurisdiction 

 in criminal matters has nearly ceased to exist." f General Iteport 

 of the Commissioners appointed to enquire into the State of Muni- 

 cipal Corporations in Scotland, 1835, pp. 55, 67-8.) The Summary 

 Procedure Act of 1867, by limiting the penalties that might be im- 

 posed by magistrates, exactly defined their jurisdiction, and cases 

 of serious assault now go before the Sheriff. 



