Manuscripta juridica

Ius proprium Scotiae - Registers of Secret Council 1627/8/8 (reforms in criminal procedure) .

[{i}From here onward, all texts are again written by the scribe who wrote fol. ii-v above.{/i}].

[{i}Date, in lieu of a title:{/i}] At Halyrudhouse, the aucht day of August 1627 yeiris.

The quhilk day William Erle of Monteith, President of his majesties Counsell, Justice Generall of his kingdome and ane of the comissioners nominat be his majestie for halding of justice and circuit courts, for himselfe and in name of the rest of the commissioners and justices, nominat be his majestie for halding of the said courts, gave in to the Lords of Secret Counsell the questions underwrittin and desyred the saids Lords thair answere thairunto. Quhilk questions being red and considered by the said Lords, they gave the answers therunto in maner following.

Question. First to acquaint the Lords of Secret Counsal that the forme of uptaking of dittays of old was be ane precept direct be the Justice Generall to the shirreff of ilk shyre, commanding him to summond a number of persons of best qualitie and abilitie within the shyre to compeir before the Justice Clerke and his deputs to give up the kings dittayis. And thairfor to inquyre of the Lords if this forme sall be keeped as it was of old, or if it sall be according to the Act of Parliament anno 1587. Answere. It is voted and agreed by the Lords of Privie Counsell that the old forme of uptaking of dittays sall be observed in the justice courts now appoynted to be halden throwout the kingdome.

Question. If the roll of the crymes, with that clause quhilk is referrit to the Justice Generall, sall be subscryvit by the Lords of Privie Counsell, or given out be the clerke of Counsell under the forme of ane act. Answer. It is voted and agreed that this roll with the clause forsaid sall be given be out be the clerke under the forme of act.

Question. If the Treasurer want his depute in every ane of thir criminal courts, sall not ane warrant be granted be the Lords to the Lord Cheife Justice and to the commissioners of Justiciarie in thir severall circuits to proceede in the tryall of criminalls, notwithstanding of the absence of the Treasurer or his deputs. Answer. The Lords ordainis that this article sall be insert in the Act of Counsell made in the Treasurers favours anent thir courts.

Question. If Mr. Patrick Broun sall be commandit by the Counsell to direct messingers to proclame the justice courts and to ressave fra the clerks the precepts to be delyvered to the shireffe for summoning of the persons to give up dittay. Answer. The desyre of this article sall be obeyit.

Question. There is no crouners in the severall shyres of this kingdome to discharge that dewtie and service in thir justice courts quhilk is proper to thair place and office. Quhat course sall be taken to supplie this defect and want of crowners. Answer. The Lords gives power and commission to the Lord Cheife Justice or to the commissioners and justices in thir severall circuits to make choyce of some sufficient persons in every shyre to supplie and discharge the said office of the crouner, quhair ther is no crowners knowne to be within the shyre

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No. of pages: Fol. vii recto (after fol. 346):