SCOTLAND. 279 



The college or faculty of advocates, which answers to the English 

 inns of court, may be called the seminary of Scottish lawyers. They 

 are within themselves an orderly court, and their forms require great 

 precision and examination to qualify the candidates for admission. Sub- 

 ordinate to them is a body of inferior lawyers, or, as they may be cal- 

 led, attornies, who call themselves writers to the signet, because they 

 alone can subscribe the writs that pass the signet ; they likewise have 

 a by-government for their own regulation. Such are the different 

 law-courts that are held in the capital of Scotland : we shall pass to 

 those that are inferior. 



The government of the counties in Scotland was formerly vested in 

 sheriffs and stewards, courts of regality, baron-courts, commissaries, 

 justices of the peace, and coroners. 



Formerly sheriffdoms were generally hereditable ; but by act of par- 

 liament, they are now all vested in the crown ; it being enacted, that 

 all high sheriffs, or stewards, shall, for the future, be nominated and ap- 

 pointed annually by his majesty, his heirs, and successors. In regard 

 to the sheriff-deputies, and steward-deputies, it is enacted that there 

 shall only be one in each county, or stewartry, who must be an advo- 

 cate, of three years standing at least. For the space of seven years, 

 these deputie-s are to be nominated by the king, with such continuance 

 as his majesty shall think fit ; after which they are to enjoy their office 

 ad vitam aut culfiam, that is, for life, unless guilty of some offence. 

 Some other regulations have been likewise introduced, highly for the 

 credit of the sheriff's courts. 



Stewartries were formerly part of the ancient royal domain ; and 

 the stewards had much the same power in them as the sheriff had in 

 his county. * 



Courts of regality of old were held by virtue of a royal jurisdiction 

 vested in the lord, with particular immunities and privileges ; but 

 these were so dangerous and so extravagant, that all the Scotch regal- 

 ities are now dissolved by act of parliament. 



Baron courts belong to every person who holds a barony of the king. 

 In civil matters they extend to causes not exceeding forty shillings 

 sterling; and in criminal cases, to petty actions of assault and battery ; 

 but the punishment is not to exceed twenty shillings sterling, or set- 

 ting the delinquent in the stocks for three hours in the day-time. 

 These courts, however petty, were in former days invested with the 

 power of life and death, which they have now lost. 



The courts of commissaries in Scotland answer to those of the Eng- 

 lish diocesan chancellors, the highest of which is kept at Edinburgh ; 

 wherein, before four judges, actions are pleaded concerning matters 

 relating to wills and testaments, the right of patronage to ecclesiastical 

 benefices, tithes, divorces, and causes of that nature ; but in almosc 

 all other parts of the kingdom there sits but one judge on these cau- 

 ses. 



According to the present institution, justices of the peace in Scot- 

 land exercise nearly the same powers as those in England. In former 

 times their office, though of very old standing, was insignificant, being 

 cramped by the powers of the great feudal tyrants, who obtained an act 

 of parliament, that they were not to take cognizance of riots till fifteen 

 days after the fact. 



The institution of coroner is as old as the reign of Malcolm II, the 

 great legislator of Scotland, who lived before the Norman invasion of 



