Encyclopaedia Britannica; or, A dictionary of arts and sciences, compiled upon a new plan … > Volume 2, C-L

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taken away, and a bare liberty to remonflrate fubftituted
in its place.
7. Befides the fifteen ordinary judges, the king was
allowed to name three or four lords of his great council,
who might fit and vote with them. Thefe extraordinary
lords were fupprefied in the reign of Geo. I.
8. Though the jurifdidion of the feflion be properly
limited to civil caufes, the judges have always fufiained
themfelv.es as competent to the crime of falfehood.
Where the .falfehood deferves death or demembration,
they, after finding the crime proved, remit the criminal
to the court of judiciary. Special ftatute has given to
the court of fefiion jurifdiftion in contraventions of law-
burrows, deforcements, and breach of arredment; and
they have been in ufe to judge in battery pendente life,
and in ufury.
9. In certain civil caufes, the jurifdiiftion of the feffion
Is exclnfive of a!! inferior jurifdudions ; as in declarators:
of property, and other competitions of heritable rights,
provings of the tenor, cejjiones- bonorum, reditution of
minors, redu&ions of decrees or of writings, fales of the
edates of minors or bankrupts, &c. In afecond clafs of
eaufes, their jurifdidion can be only exercifed in the
way of review, after the caufe is brought from the in¬
ferior court; as in maritime and confidorial caufes,
v/hich mud be purfued in the fird indance before the ad¬
miral or Commidary ; and in a&ions below twelve pounds
Sterling, which mud be commenced before the judge-
ordinary. In all civil actions, which fall under neither
of thefe clafles, the jurifdi&ion of the fe/Eon is concur¬
rent, even in the firft indance, with that of the judge-
ordinary. The feflion may proceed as a court of equity
by the rules of confciehce, in abating the rigour of law,
and giving aid in proper cafes to fuch as in a Court of
law can have no remedy: and this power is inherent in
the fupreme court of every country, where feparate.courts
are not edablilhed for law and for equity.
Court of Justiciary:
jo. The fupreme. criminal judge was dyled the
Judiciar; and he had anciently an univerfal civil ju-
rifdhdion, even in matters of heritage. He was obli¬
ged to hold two judice courts or ayres yearly at E-
dinburgh or Peebles, where all the free-holders of the
kingdom were obliged to attend. Befides this univerfal
court, fpecial judice-ayres were held in all the different
fhires of the kingdom twice in the year. Thefe lad
having gone into difufe, eight deputies were appoinred,
two for every quarter of the kingdom, who diouki make
their .circuits over thewhole in April and Odlober.
11. The office of deputies was fupprefled in 1972*, and
five lords of feffion were added, as commiffioners of
Jndiciary, to thejudice-general and judice-clerk. The
jodice-general, if prefent, is condant prefident of the
eourt, and in his abfence the judice-clerk. The kingdom
is divided into three didrifts, and two of the judges are
appointed to hold circuits in certain boroughs of each di-
ftridt twice in the year; one judge may proceed to bull-,
nefs in the abfence of his collegue.
12- By an old datute, the crimes of robbery, rape,
i&urder, and wilful fire raffing, (the four pleas of the
A W; 88 *
Crown), 'are faid to be referred to the Kiog’s .court of.
Judiciary; but the only crime in which, de praxi, th<z
jurifdi&ion of Judiciary became at lad exclufive of all
inferior, criminal jurifffidlion, was that of high treafon.
The court of Judiciary, when fitting at Edinburgh, has
a power of advocating caufes from all inferior criminal-
judges, and of fufpendiog their fentences.
13. The circuit-court can alfo judge in all criminal
caufes which do not infer death or demembration, upon
appeal from any inferior court within their dfflruft; and
has a fiupreme civil jurifditffion, by way of appeal, in all
caufes not exceeding twelve pounds Serling, in which
their decrees are not fubjedt to review ; but no appeal is
to lie to the circuit, tiff the caufe be finally determined,
in. the inferior court.
Court of Exchecjutr.
14. The court of Exchequer, as the King’s chamber^
lain court, judged in all quedions of the revenue. In
purfuance of the treaty of Union, that court was abo-
liihed, and a new court erefted, confiding of the Lord
High Treafurer of Great Britain, and a chief Baron*
with four, other Barons of Exchequer; which Barons are
to be made of ferjeants at law, Engliffi barriders, or
Scots advocates of live years danding. This <;ourt has a
privative jurifdiftion conferred upon it, as to the duties
of cudoms, excife, or other revenues appertaining to the
King or Prince of Scotland, and as to all honours and
edates that may accrue to the crown; in which matters,,
they are to judge by the forms of proceeding ufedin the
Englilh court of Exchequer, under the following limita¬
tions ; that no debt due to the Crown (hall affe<5t the
debtor’s real edate in any other manner than fuch edate
may be affefted by the Jaws of Scotland, and that the
validity of the Crown’s titles to any honours or lands
dial! continue to be tried by the court of Seffion. The
Barons have the powers of the Scots court transferred to
them, of palling the accounts of ffierifFs, or other officers'
who have the execution of writs iff'uing from, or return¬
able to the court of Exchequer, and of repeiving refig-
nations, and palling fignatures of charters, gifts of ca-
fualties,'i&c. But though all thefe mud pafs in Ex¬
chequer, it is the court of Seffion only who can judge of:
their preference after they are completed.
Admiral Court.
15: The jurifdiAion of the Admiral in maritime
caules was of old concurrent with that of the Seffion.
The High-admiral is declared the King’s Judice-General
upon the feas, on frefh water within Hood mark, and in
all harbours and creeks. His civil jurifdidtion extends
to all maritime caufes, and fo comprehends quedions of
charter-partiesj freights, falvages, bottomries, tec. He
exercifes this fupreme jurrfdiAion by a delegate, the
judge of the high-court of admiralty; and he may alfo
name inferior deputies, whofe jurifdi<5U6n is limited to
partrcujar didri&s, and whofe fentences are fubjecd to the
review of the high court. In caufes which are declared
to fall under the-Admiraf’s cognifance, his jurifdiftion is
now foie; in fo much that the Seffion itfelf, though they
may review his decrees by fulpenfion or reduftion., can-