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HIGH CONSTABLES.

the king's birth-day, as a remuneration, we suppose, for the services of the members during the turmoils on the streets on these occasions. The society, which is now composed of sixty members, has an annual and other convivial meetings, at which period its name comes more prominently before the public than at almost any other time. Now that there are no lists of militia to be made up, the duties of these constables are very light. Their presence in mobs, or interfe rence in quelling disturbances, is, nevertheless, found at all times to be of great moral utility, and more effective than the physical force of watchmen. Neglect of attendance, when summoned by the magistrates to appear at a certain place and hour, subjects the party failing to a fine of a Guinea,-which is rigidly enforced by the society, and thus the magistracy can at all times depend upon their services in cases of emergency. They received the appellation of High Constables from the magistrates, in order to distinguish them from common police officers, or another body employed in similar capacities, with the title of Extraordinary Constables, who are mostly retired High Constables. Since they acquired this designation, we understand that the constables of Canongate, Leith, and other burghs, have assumed the same title.*

* An instance has occurred in which the Moderator of the society of High Constables of Edinburgh has acted as the highest, if not the only, civic officer in the city. At Michaelmas 1745, the election of magistrates not having taken place in consequence of the town being in possession of the army under Prince Charles Edward, the burgal jurisdiction ceased until a new election in January 1747. During the interval of about fifteen months, the High Constables were continued in office, for the comfort and security of the public, pursuant to a warrant of the Lord Justice Clerk, and other Lords of Justiciary, in their capacity of Justices of the Peace,-the Moderator thereby becoming the supreme magistrate, who governed the town throughout its troubles, and presided at the civic entertainment given in honour of his Majesty's birth-day, in the parliament house. The restoration of the magistrates was accomplished by means of a royal warrant, empowering the burgesses to make a new election by a poll.Constitution of Edinburgh, p. xlii.

COURTS OF CIVIL AND CRIMINAL JUDICATURE IN
SCOTLAND, PARTLY IN CONTRAST WITH

THOSE IN ENGLAND.

The rules of government and justice are so different in one place from what they are in another, so party-coloured and contradictious, that one would think the species of men altered according to their climates. COLLIER.

SCOTLAND is fortunate in possessing an admirable arrangement of civil and criminal courts of judicature, in which-with the exception of a few partial blemishes, the result of former usages, in the course of progressive amendment-there is altogether displayed a healthful unity of design, highly creditable to the genius of the nation, and more especially to its able lawyers, through whose liberal exertions the most beneficial improvements are continually taking place. While in England, up to the present moment, there exists too great a complexity of design in the various courts, most of which are wrapt up in the inexplicable usages of a rude period, and in reality where a reformation in legal matters has still to be accomplished; in Scotland, we are happy to say, that this reformation has been already wrought, and that the courts of justice are now, in most respects, in their constitutions and forms, eminently calculated to suit the practices of the nineteenth century, and to serve as a model in some measure for the revision of those in England.

The Scottish courts are few, well ordered, and comparatively rapid in their evolutions. They are judi

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ciously contrived to hinge on each other; all working on nearly the same principles towards one general end. When placed in contrast with the jurisprudential institutions of England, these appear to be still more the distinguishing features of their character; and if both were made the subject of patient discussion, we doubt not that the scale would preponderate in favour of those of the northern kingdom. The courts of this country, in our opinion, nearly realize the beautiful theory in which the patriotic Blackstone indulged with reference to the connecting links between the various courts of his own country. "The great policy of our ancient constitution," says that distinguished man, "as regulated and established by the great Alfred, was to bring justice home to every man's door, by constituting as many courts of judicature as there are manors and townships in the kingdom, wherein injuries were redressed in an easy and expeditious manner, by the suffrage of neighbours and friends. These little courts, however, communicated with others of a larger jurisdiction, and these with others of a still greater power; ascending gradually from the lowest to the supreme courts, which were respectively constituted to correct the errors of the inferior ones; and to determine such causes as, by reason of their weight and difficulty, demanded a more solemn discussion: The course of justice flowing in large streams from the king as the fountain, to his supreme courts of record, and being then sub-divided into smaller channels, until the whole and every part of the kingdom were plentifully watered and refreshed."

Were it here our object to write a dissertation on the courts of the two countries, it is possible that occasion might be had to point out the inefficacy of the above systematic arrangements, in consequence of the state of disrepair into which many of the English courts have fallen through the lapse of ages, and how the stream of justice, instead of flowing in a rapid and clear current from the fountain-head through its devious windings, is now perverted, obstructed, soiled, and

ENGLISH COURTS.

99

too often lost amid labryinths and dismal swamps; when the very ramifications and counterchecks which the great English lawyer in his day considered as the essence of human wisdom, are now discovered to be the fertile causes of the most serious mischief.

Whether consistent with usefulness or not, there is nothing more peculiar about the courts of England, than their want of uniformity. Proceeding upon the foregoing disseminating and minute principle, there still exists all over the country a variety of courts, not of general application, but constituted to suit the necessities and feelings of the inhabitants of particular districts, probably many centuries ago. Almost every town and hamlet has some minor court of an ancient character, the origin of which may be referred to a very early age, and supported in its rights by subsequent grants of the crown, or the mere force of immemorial usage. There are in this way peculiar courts in one country which are not known and were never heard of in the next. In the cinque ports there are jurisdictions which have no connexion with those in other maritime places. In those parts of the country, at one time overspread with forests, there were, and in some cases there are still, peculiar laws and courts applicable to the rights of forestry and the chase. In the university towns of Oxford and Cambridge, there are courts, over which no control is exercised by the courts of Westminster. In the city of London, there are also several courts bearing no resemblance to those of other places; owing their institutions to the Saxon and Norman dynasties, and upheld by the pertinacity of the citizens, or the inattention of the legislature. From the pressing solicitations of certain trading towns, there are therein erected courts for the recovery of small debts, under the designation of courts of conscience; in other places, equally requiring them, these are not erected. Unconnected with particular places, there are likewise certain indefinite courts, which apply to the necessities of markets, fairs, and such like meetings. There are baron courts, courts

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of hundreds, courts of pie-poudre-a name significant of the dusty feet of the litigants, market clerk, sherifftown, county-leet, and many others, where are decided trivial cases of debt, damage, or petty theft.

While towns, districts, hamlets, and occasional seasons, have these many singular courts, erected all at different periods with very little unity of design, and several of which, by reason of the fictions introduced into law proceedings, are now twisted to other purposes than those for which they were instituted; the most striking instance of that want of uniformity necessary for the general dispensation of justice, is to be found in the palatine counties of Durham and Lancaster. From no other cause than old custom, there remain in these populous counties the wrecks of those regal powers incidental to the petty sovereigns of these

appanages of the English crown. Each has its pe

culiar courts, peculiar forms of process, with certain immunities not enjoyed by those in any other part of England.

We now proceed to notice the routine of civil and criminal courts in this country, with others of a mixed nature. The magistrates of the royal burghs of Scotland may, as has already been stated, hold courts at convenient periods, for the discussion of claims to a small amount. Such courts, however, only recognizing debts due by persons within their limited jurisdictions, and as those jurisdictions generally occupy only a portion of large towns-thence leading to many impediments in the proper execution of justice, as well as from the superior adroitness of the justices of the peace, they have of late years very much declined in their popularity. Besides their ancient juridical powers, these local magistracy are entitled, agreeable to the act relative to the erection of the under-mentioned courts of the justices, to hold sittings for the discussion of simple claims to the extent of L. 5. In Edinburgh and Glasgow, where the claims are multifarious within the royalties, the magistrates hold dis

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