Page:Notes and Queries - Series 10 - Volume 8.djvu/55

 10 s. vni. JCLY 20, 1907.] NOTES AND QUERIES.

41

LOXDOX, SATURDAY, JULY SO, 1907.

. IHD

CONTEXTS. Xo. 186.
 * The Court of Session, 41 Maldon Records and

ama, 43 Pyke or Pike Families of London and rich, 44 Register of Walgrave, Xorthants a of Blakesley, Xorthants, 45 " Xit behainey," h Phrase ' Kottabos,' a Dublin University Miscel-

Aa Early Electioneering Experience of Sir James

Graham ^t. Chad's Well. Battle Bridge Albert Moore and the 'D.X.B.,' 46 "Honi soit qui mal y pense" Spelling Reform, 47.

QUERIES : Euripides : ' Electra' " Sestraynte " of " the townes" Stebbmg Shaw Staffordshire MSS. Monks of braid at Eton, 47 "Dapifer": "Ostiarins" Authors of Quotations Wanted "Coroon," a Cherry "Crascantism'' Selvaggi and Milton "Seynt-pro- a Wine Parish Records Wanting, 4S "Crumps- man": ' Moonsman" "Sors Arms" Fonche on Mary Stuart Birthplace of Charles, Duke of Biron ' The Poor Caitiff, '49.

EEPLIES : " Local option,* 50 Marshall's ' Genealogist's Guide': a Supplement " Salutation " Tavern, Billings- gate, 52 Scott's 'Quentin Durward' The Chilteru Hundreds, 53 Kemble Banal-places Oxford Divinity Examination "Wy" in Hampshire Folk-lore concern- ing Twins "Keelhaul": "Cobkey": "Morryoune"' "Dowb" " Hubbab "=Dwtarbance, 54 Two Old Pro- verbs Rood-Lofts "Tinners " in Military Musters Payne at the Mews Gate " Blather" : "Bladder" -Sardana, 55 Wooden Cups in East Anglia The Leicar- ragan Verb " Raimamiroy " J. Thompson, Portrait Painter, 56 George L : the Nightingale and Death "Damp" Barton Grammar School, Westmorland " Betty," a Hedge-sparrow French-Canadian Literature, B

- OX BOOKS : ' Beowulf ' The Burlington Maga-

BookseDers' Catalogues. Xotices to Correspondents.

THE COURT OF SESSION.

Tflis Supreme Court of Justice in Scotland has a most honourable and ancient history, tracing its institution back some four cen- turies. But prior to that there were justice sittings in the realm, although it was in 1532 that it received its present title.

David H., in order that Parliamentary causes should be properly considered, in- augurated a judicial committee which was known after his time under the name of A further advance was made in 1425, when it
 * Domini auditores cauf arum et querelarum."

"was ordained that the Chancellor, and with him certain discreetpersons of the three estates, to be chosen by the King, should sit three times in the year to examine, conclude, and determine all com- plaints, causes, and quarrels that may be deter- mined before the Kings Council ^

Some thirty years later

" it was enacted that the Lords of Session shall sit thrice in the Tear, ilk time forty days in thir three places, Edinburgh, Perth, and Abirdene. The nonmer of the persons that sal tat sal be nine, of ilk estate three.

The machinery thus set in action does not seem to have worked so smoothly as to

overtake the work, for ^in 1503 further tinkering was necessary. 'On this occasion the statute ordered that

" thair be ane Consale chosen be the King's hieness quhilk sal sit continually in Edinburgh, or quhar the King makis residence, or quhar it pie-sis him to decide all manner of sumoundis in civile materis, complaints, and causis dayly as that sale happin to occur, and sail have the same pouer as the Lords of Session."

It was, however, in the reign of James V. that effective measures were resolved upon, so that the Court could be put upon a sound footing. He proposed to the Parliament in 1532

" to institute ane college of cunning and wise men, haithe of spirituale and temiorale estate, for the doing and administratioun of Justice in all civile actions";

and for this purpose he

" therfor thinks to be chosin eertane persouns maist convenient and qualify it therfor to the nowmer of xiiii persouns. half spiritual, half temporal, with one president."

In such style and composition, therefore, was the launching of the Court of Session.

One would suppose that the Senators at the time of any catastrophe calculated to alarm the lieges would show an example of faith, and attempt all in their power to allay any excitement ; but in the days of Mary this was not so. In 1545, ' my Lord Governour and Lordis of Counsel, under- standing that becaus of the fere of the pest that is daylie risyn in the toun of Edinburcht, the seite of Sessioun may nocht surelie remaine thairin, nor our Souerane Ladyis liegis may nocht surelie resort thairto, and it is and will be grete seaithe to the realme giff the samin salve: Thairfor hes thocht expedient that the said Sessioun be transportit to sitt in Linlithgow."'

About this time rather an interesting question arose as to the privileges of the members of the Court. Certain expenses had been incurred in connexion with the governor- ship of the Castle of St. Andrews, for the payment of their share of which a charge had been made against some of the members of the Court. Forthwith they appeared before the Secret Council with " thair forspeikar," who at considerable length stated their case, which was decided in their favour in the following judgment :

' My Lord Governour and Lords forsaidis, being well and ryplie avisit herewith, hes declarit and declaris that all the Senatouris of the said College of Justice ar exemyt fra payment of ony taxa- tionis, and thairfor the said spirituale men ar wranguslie tart for payment of thair rait of the said contributioun as said is ; and hes dischairgit and dischairgee thame of ony payment thairof."

Although, as has been seen, the Court were keenly alive to their personal privileges,