Page:The Laws and Acts of Parliament of Scotland.djvu/735

 King CHARLES the I I. 161 the Members of that Court were fettled and chofen by His Majefty of fi t perfons, who might make it their work to make a juft and conftant procedure in Matters Criminal. i. For that effect, that the Office of Deputes in the Juftice-Court be fupprefsM, and that five of the Lords of Seffion be joyned to the Juftice-General and Juftice-Clerk, and all of them inverted with the fame and equal Power andjurifdiction in all Criminal Caufes ; That the Juftice-General being prefent pre- fide, and in his abfence the Juftice-Clerk, and in abfence of both , that thefe pref.nt elect one of their number to prefide, four of the whole number being alwayes the Quorum of that Court , except at the Circuit-Courts. z. That they be appointed to meet each Monday at nine of the clock in time of Seffion, andoftnerifbufi- nefle fo require. 3 . That the perfons to pafs upon Affizes be lifted, and their Names and Defignations infert in an Roll to be figned by the faid Judges or their Qucrum. 4. That for the fplendour of that Court, all the Judges fit in red Robes faced with white, that of theju- ftice-Generals being lined with Ermine, for diftinction from the reft. 5. That once a year, in the Moneth of dprit 01 May, Circuit Courts be keeped, two of their number appointed to go and keep Courts at'Dumfries and Jedburgh, two at Stirling, Glajgow and Air , and other two at the Towns of 'Perth, Aberdeen and InnemeJJe ; the Juftice-General being alwayes fuper-numerary in any of thefe Circuit- Courts. 6. That it be left and recommended to the Judges ot that Court, to regular the inferior Officers thereof; and order every other thing concerning the faid Court. 7. That a convenient Room be appointed for their meetings, Benches for the Judges , a place for the Ju- ftice-General, more eminent then the Seats of the other Judges ; That the Advocats, Clerk, Affize and Pannels have diftinct places appointed to them. 8. That the Clerk of the Court, nor no other perfon, be prefent with the Affize after they are nclofed. 9. That the Chancellor of the Affize mark what way every individual perfon who is upon the Affize hall vote, whether condemning or aflbilzeing , and that on the fame Paper wherein the Verdict of Affize S written ; which after the pronouncing of the Verdict, is to be doled and fealed with the Seals of the Court, f the Chancellour of the Affize, and of fo many moe of that number, as the Chancellor lhall think fit, and levertobe opened again, but by order of the Judges : With certification, if the Clerk who mall have the teeping of the faid Verdicl:, do make open the fame without warrand , he mall be deprived of his Office, and 5therwayes punilhed as the Judges fhall think fit. io. 1 hat in all Criminal Purfutes, the Defender or his Advocats be alwayes the laft fpeaker, except in
 * afes of Treafon and Rebellion againft the King.

1 1 . That when any Criminal Libel or Summons of Exculpation are given and execute againft any Party , liat at the fame time, Lifts of the Witnefles to be adduced for proving of trie faid Libel and Summons, and jfthe perfons who are to pafs upon the Inqueft, be alfo given to them ; to thee [feet, the Party may know what to object: againft the faids Witnefles and Affizers, and may take iorth Diligences for fummoning 01 "Wit- lefies for proving of their objections , why any contained in the faids Lifts ihouid not be admitted to be a Wit- lefle, or upon the Affize. Concerning the Exchequer. TjT ' Hat there be payed to the Keepers of the Thefaurei Regifter and his Servants , for regiftration of Signa • JL tures fourty millings Scots for the firft fheet , and twenty millings Scots for each other iheet of the Sig- nature given in ; And that neither he nor his Servants take or exact more, upon any accounr, or for moe flieets then the Signature confifteth of, ancfthat they give their Oaths to that effect. z. That there be payed to the prefenter of Signatures , for each Signature containing an Barrony, or Lands above that value , and which is to pafs the Great Seal, fix pounds Scots ; And if it be of Lands under a Bar- tony, three pounds : And for all Signatures which are to pafs the Privy Seal, only half a Crown. And Achat he make Faith to obferve thefe Rates. 3 . That no <iy&ques be made in the Exchequer, by the Vafials of His Majefties Property, fot any Blenfh or Few-duties which are under the fum often pounds Scots; But as to thefe, that Lifts of the Vafials and of the Blenfh and Few-duties payable by them, be fubferibed by the Commiffioners of His Majefties The- faurary, and fent to the Sheriffs of the feveral Shires, who, or their Deputes, fhall charge the Vafials for payment of thefe Duties, and fhall be countable for them to the Exchequer ; And that upon payment by the Vaffals of their faids Few and Blench-duties, the Sheriffs or their Deputes fhall be oblieged to grant to them Difcharges thereof, without any money or gratification to be given therefore, either to the Sheriff or his Servants, except a Merk Scots only. 4. That the prefent way of making the counts of Exchequer in Roils * be altered, and that the fame be made hereafter in Books of Parchment; That r^yEques be made yearly; And that for all the Lands contained in one Chartor, belonging to one Heretor , there be made but one i^yEque, X AND