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

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not carry a maritime queftion from him by advocation.
The Adm ral has acquired, by ufage, a jurifdiftion in
mercantile caufes, even where they are not Itridlly mari¬
time, cumulative with that of the judge-ordinary.
16. All our fupreme courts have feals or fignets, pro¬
per to their feveral jurifdi&ions. The courts of Selfion
and Judiciary ufed formerly the fame fignet, which was
called the King’s, becaufe the writs ifluing from thence
run in the King’s name ; and though the Judiciary got
at lad a feparate fignet for itfelf, yet that of the Seffion
dill retains the appellation of the King's Signet. In this
effice are fealed fummonfeS for citation, letters of exe¬
cutorial diligence, or for daying or prohibiting of dili¬
gence, and generally whatever pafles by the warrant of the
Seflion, and is to be executed by the officers of the court.
All thefe mud, before fealing, be figned by the writers
or clerks of the fignet: But letters of diligence, where
rhey are granted in a depending procefs, merely for pro¬
bation, though they pafs by the fignet, mud be fubfcri-
bed by a clerk of Seflion. The clerks of the fignet alfo
prepare and fubfcribe all fignatures of charters, or other
royal grants, which pafs in Exchequer.
Tit. 4. Of the inferior Judges and Courts
of Scotland.
Sheriff.
Sheriff, from reeve, governor, and fheer, to cut
or divide, is the judge ordinary condituted by the Crown
over a particular divifion or county. The Sheriff’s
jurifdi£tion, both civil and criminal, was, in ancient
times, nearly as ample within his own territory as that
of the fupreme courts of Seflion and Judiciary was over
the whole kingdom.
2. His civil jurifdidtion now extends to alladtions up¬
on contradls, or other perfonal obligations, forthcomings,
poindings of the ground, mails and duties, and to all pof-
f'eflbry adlions, as removings, ejeifbons, fpuilzies, he.
to all grieves ifluing from the chancery, as of inqued,
terce, divifion, tutory, he. and even to adjudications of
land-edates, when proceeding on the renunciation of the
apparent heir. His prefent criminal jurifdi&ion extends
to certain capital crimes, as theft, and even mOrder,
though it be one of the pleas of the Crown ; and he is
competent to mod quedions of public police, and has a
cumulative jurifdiftion with judices of the peace in all riots
and breaches of the peace.
3. Sheriffs have miniderial pow-er, in virtue of which,
they return juries, in order to the trial of caufes that
require juries. The writs foreletfing members of parlia¬
ment have been, fince the union, direfted to the Sheriffs,-
who, after they are executed, return them to the crown-
office from whence they iffued. They alfo execute w'rits
iffuing from the court of Exchequer; and in general,
take care of all edates, duties, or cafualties that fall to
the Crown within their territory, for which they mud ac¬
count to the Exchequer.
Lord ofR.EGAi.iTY.
4. A Lord of Regality was a magidrate, who had a
L W.
grant of lands from the Sovereign, with royal jurifdk-
tion annexed thereto. His civil jurifdiftion was equal to
that of a Sheriff; his criminal extended to the four pleas
of the crown. He had a right, to repledge or reclaim ail
criminals, fubjedt to his jurifdidtion, from any other com¬
petent court, though it were the Judiciary itfelf, to his
own. He had alfo right, according to the mod common
opinion, to the frngle efeheat cf all denounced perions
refiding within his jurifdidtion, even though fuch privilege
had not been exprefled in the grant of regality.
Stewart.
y. The Stewart was the magidrate appointed by the
King over fuch regality lands as happened to fall to the
Crown by forfeiture, he. and therefore th-e dewart’s ju-
rifdi&ion was equal to that of a regality. The two
dewartries of Kircudbright; and of Orkney and Zetland,
make (hires or counties by themfelves, and fend each a
reprefentative to parliament.
Bailie.
6. Where lands, not erefted into a regality, fell into
the King’s hands, he appointed a Bailie over them, whofe
jurifdifHon was equal to that of a Sheriff.
7 By the late jurifdi<5lion a<5l: 20. Geo.W. all heritable
regalities and bailieries, and all fuch heritable Iheriffships
and dewartries as were only parts of a Ihire, are diffol-
ved; and the powers formerly veded in them are made to
devolve upon fuch of the King’s courts as thefe powers
would have belonged to if the jurifdiftions diffolved had
never been granted. All Iheriffships and dewartries that
were no part of a fhire, where they had been granted,
either heritably or for life, are refumed and annex¬
ed to the crown. No High Sheriff or Stewart can
hereafter judge perfonally in any caufe. One Sheriff
or Stewart-depute is to be appointed by the King in
every (hire, who mud be an advocate of three years
danding ; and after a certain term not yet expired, all
commiffions to thefe deputies are to be granted for life.
Prince of Scotland.
8. The appanage, or patrimony, of the Prince of
Scotland, has been long ere£ted%into a regaiity-jurifdic-
tion, called the Principality. It is perfonal to the King’s
elded fon, upon whofedeath orfucceflidn it returns to the
Crow n. The prince has, or may have, his own chancery,
from which his writs iffue, and may name his own cham¬
berlain and other officers for receiving and managing his
revenue. The vaffals of the Prince are intitled to eledl, or
to be defied members of Parliament for counties, equally
with thofe who hold of the Crown.
Justices of the Peace.
9. Judices of the Peace are magidrates named by
the Sovereign over the feveral counties of the kingdom,
for the fpecial purpofe of preferving the public peace.
Anciently their power reached little farther than to bind
over difbrderly perfons for their appearance before the
Privy Council or Judiciary ; afterwards they were author
rifed to judge in breaches of the peace, 4nd in mod of
the laws concerning public policy. They may compel
workmen or labourers to ferve for a reafonable fee, and
they