Series 3 > Minutes of the justices of the peace for Lanarkshire, 1707-1723

x MINUTES OF JUSTICES FOR LANARKSHIRE
jurisdictions as the Scottish Justices were. ‘ The great
hindrance to the execution of our laws,’ wrote James, was
‘ the great men in possession of heritable jurisdictions and
regalities.’ These he would punish, when found guilty of
negligence and ‘ sloth,’ by depriving them of their privi¬
leges ; and he would draw the laws of Scotland to the
‘laudable custom of England.’1
Six years after his accession to the throne of England
James sought to realise his dreams by the operation of his
famous Act of 1609,2 to ‘ exterminate that abominable pest
of deadlie feedis . . . which the sloth of magistrates had
not supprest . . .’by empowering Justices of the Peace,
appointed every year in every shire, from ‘ godlie, wise and
vertuous gentil-men of gude qualitie, moyen and report. . .
to keep his majestie’s peace . . .’ by binding such evil¬
doers to keep the peace and presenting them before the
Justice or the Lords of Secret Council.3
Appointments were then made by the king and his
Council. Those who were nominated were all members of
notable families and included provosts and bailies of royal
burghs.4 In each shire one of the Justices was appointed
keeper of the Rolls, and he had to appoint a clerk.5
Eager to see his great scheme in operation the king sent
out in rapid succession instructions, letters and admoni¬
tions, supplemented by orders and with advice to those
who had been appointed conveners or keepers of the Rolls
as to the treatment proper for breakers of the peace.6
From Westminster he writes to each convener a long letter
in Latin, exhorting them to examine on oath all upright
men concerning . . . felonies . . . according to the laws
of England ! . . . while, appended, are the form of the
1 Basilikon Dorm (1616 edn.), bk. II., 163.
2 A.P.S. iv. 434-
® Register of the Privy Council of Scotland, Record Series (hereinafter cited
as R.P.C ), and Series, viii. 297. 4 R.P.C. ix. 75-80.
6 Ibid. (2nd Series), viii. 298. 6 Ibid. viii. 297-298.