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At the head of the profession in both kingdoms, is the Advocate or barrister. From al 1that we can learn, there does not exist much real difference between these professional gentlemen, further than this, that while the barrister of Westminster more immediately receives his brief from the hands of the suitor, the advocate in Edinburgh indirectly has it through the medium of a law agent. The advocate, we presume, is also a personage who more frequently enjoys a wider knowledge in regard to every subject pertaining to his profession. This arises from the condensed nature of our courts, and the scope which is thereby afforded of haranguing both on points of law and equity. On account of the law of the country permitting the speeches of advocates in favour of criminals on their trial, they must likewise be obliged to study criminal jurisprudence, and, what must be equally paramount, the art of appealing to the feelings of the court and jurors. Hence, it will be obvious that Scottish barristers have set before them a far more extensive field on which to make a display of their talents than their brethren in England. We do not require to notice, that for many years the Scottish bar has been eminently distinguished by individuals of the highest literary and forensic attainments.

The title of sergeants-at-law-servientes ad legem-is unknown among the Advocates of Edinburgh. The body collectively is designated the Faculty of Advocates, and it is presided over by one of the most distinguished of the society, chosen by vote, entitled "the Dean," whose office is considered as exceedingly honourable. The society possesses no charter of incorporation, and it cannot reject any candidate for admission, provided he be capable of undergoing several examinations on the Roman and the Scottish law, and have published and defended a Latin thesis on a title of the Pandects of Justinian. At one time, none but those of noble or gentle families were permitted to enter the sacred pale of the Faculty of Advocates; but this very invidious and unjust principle of exclu

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sion has been destroyed for at least thirty years, and the profession is now open to young men of talents, of whatsoever parentage they may happen to be. *

The Faculty of Advocates is a very large and influential body in the metropolis, and its members have unquestionably been instrumental in giving to the society of Edinburgh that tone of intellectuality and taste for literature for which it has invariably been characterized. The Scotch in general have much reason to be deeply indebted to this society of gentlemen, for the indefatigable zeal with which they are continually animated, in protecting the liberty of the subject. Though it may probably be as often attributed to a desire of gaining personal distinction as to motives of a more disinterested nature, it is still extremely fortu nate that so many men of talent are ever found ready to volunteer their services in guarding the interests of prisoners brought to trial, when no pecuniary recompense can be expected for their exertions. In this respect, the Scottish Advocates are, in reality, the self-constituted guardians of public liberty; serving, in no small degree, to neutralize the occasional bad effects arising out of the arbitrary authority of the local administration, as well as to mitigate the tendency of a very indistinct code of criminal laws.

At present there are between three and four hundred advocates; but of these, nearly one half, from old age, retirement, or change of occupation, do not take an active share in the business of the courts, and, indeed, in many cases, merely enjoy the title; for it is by no means uncommon for the sons of gentlemen to qualify and enter themselves as advocates, who have no real intentions of pursuing the profession. Of the remaining portion, there are about eighty who enjoy permanent situations at the disposal of the crown, or of the local authorities; such as judges of the supreme

* It is understood that the old principle of exclusion was brought to a termination by a duel. The incident is a matter of tradition in Edinburgh.

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courts, sheriffs, clerks of Session and jury court, law professors, counsel for the Excise, assessors, &c. By these means, there are offices to the extent of nearly one for every third person, eligible from his standing to occupy it. There are four situations worth L. 4000 each per annum,-three of L. 3000,-three of L. 2500, -fourteen of L. 2000,-four of L. 1000,-eight of L. 500,-thirty-four of L. 300,-and eight of about L. 250.* No profession in Scotland, therefore, holds out, independent of private practice, such an advantageous prospect of settled and lucrative employment as that of the bar.

The fees or honoraria payable to advocates, which are always, if possible, in guinea notes, are very high; being generally from two to ten guineas for the writing of papers on legal cases, and for debating thereon. Occasionally they amount to fifty guineas. By a business of this nature, it is possible to realize the sum of L. 4000 per annum, though few actually receive more than the fourth part of this sum.t

The Faculty of Advocates possess a library of a very extensive description, situated contiguous to the courthouses. From its national importance, it will form the subject of a separate notice among other similar institutions.

* Edin. Rev. vol. xxxix.

+ The custom of wearing wigs is now falling into disuse among the advocates; but they all still wear the ancient toga of the profession.

PROMINENT AND PECULIAR LAWS AND USAGES IN

SCOTLAND.

NATURE OF SCOTCH LAW-PROCESSES FOR THE RECOVERY OF DEBTS-SEIZURE OF THE PERSON AND MOVEABLE PROPERTY SCOTCH JAILS-ARRESTMENTS OF FOREIGNERS AND STRANGERS-ATTACHMENT OF HERITABLE PROPERTY.

If he his ample palm

Should haply on ill-fated shoulder lay
Of debtor, strait his body, to the touch
Obsequious, as whilom knights were wont,
To some enchanted castle is convey'd.

PHILIPS.

It may be remarked, that by no peculiarity in the institutions of a people, the instrumental part of religion excepted, is their genius and character so prominently developed as the contexture of their civil and criminal jurisprudence. The truth of this proposition is distinctly exemplified by the sympathy subsisting between the laws of Scotland and its inhabitants. It is now very generally understood among those indefatigable antiquaries, who delight in exploring the origin of customs and national institutions, that at one period the laws of England and Scotland, if not exactly uniform, bore a great resemblance to each other. But with regard to how this similarity originated, or by whom it was effected, there still exist great doubts. If such a parity in legal usages ever actually existed, it has long ceased to be observable. In the present

THE REGIAM MAJESTATEM.

145

day, only a few faint traces of a former consanguinity can be distinguished. The principles of the two codes of jurisprudence are often alike; but in their practical influence on society, or the forms by which they are set in motion, there is seldom any common points of similitude. Each law has in the course of centuries been gradually adapting itself to the circumstances, the manners, and the feelings of the people among whom it acts. The vast increase of commerce, wealth, and population, with the corresponding elevation of the middle ranks of society, have caused the institution of innumerable new statutes, and have been the consequent means of obscuring the old written law in England, while the long impoverished and depressed state of Scotland, its want of industry or spirit, and its religious distractions, tended to preserve the old laws in almost their original constitution. The abrogation of some of the most inefficacious usages since the Union, and the introduction of British statutes since that event, has amended, but by no means revolutionized the system, and therefore the Scottish law may be adduced as still one of the most prominent national institutions.

The foundation upon which the superstructure of our law is reared, is a very ancient work entitled the "Regiam Majestatem." Almost no point in history has been so warmly canvassed as the authorship of this production; one party asserting it to be a compilation dictated by David I. of Scotland, and another, with equal feasibility, declaring it to be a work digested by order of Edward I. of England, and introduced by him into this country for the purpose of assimilating the Scotch with the English law. Leaving this to be cleared up by the researches of historians, it may be mentioned, that whether Edward was the patron of the Regiam or not, it is at least very certain, that on conquering the northern part of the island, he was anxious to engraft upon it the institutions of his own kingdom. While he and his successor were in Scotland, the Court of King's Bench sat at Roxburgh,

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