1. SEing a great part of the trouble and ex­pences of the Liedges, in obtaining of Justice in their Causes, is occasioned through the uncertainty of their attend­ance upon Processes, depending before the Lords of Session; Whereby not knowing any certain time, at, or about which their Processes will be called: They are necessitat to wait on the most part of the time of the Session, during the dependance of their Processes, or otherwise to be absent when the same are discuss'd. That therefore, all Processes shall be discussed and determined as the Parties are in readinesse, and do call for Justice after the same have been seen by the Defenders Advocates, and are returned by them; And that according to the date of the Returns which are set down, and signed by the Defenders Ad­vocate upon the Processe it self, that no Parties be preserred in obtaining Justice to any other who was ready, and calling for it before. And that Books of Enrollment be made for enrolling the said Processes, according to the dates of the Returns; that thereby notice may be timeously given to all Parties having intrest in the Processe, how far the Lords of Session are advanced, in discussing and determining Processes according to the saids Rolls, that the Parties may be present when their Processes will fall in to be discuss'd and determined, in their course as they stand in the Rolls; and may in the mean time rest quiet and secure, that their Rights and Interests will not be decided when they cannot know to be present, which can­not be attained, unlesse all priviledges whereby any cause can be called, otherwise then according to its due course in the saids Rols, be laid aside; Excepting only the Causes belonging properly to the Kings Majesty (and not to Donators or others) which may be called at any time when his Majesties Advocat pleaseth, upon either of the two next Sederunt-dayes after the Processe is re­turned; or if the same be not called on either of the saids two dayes, at any time thereafter, upon fifteen dayes advertisement to the Defenders Advocats, that they may acquaint their Clients to be present.

2. That the Book of Enrollment for the Outer-house be kept and made up by the person appointed, or to be appointed by the Lords of Session, who shall attend in the Session-house each Saturday in Session-time, from two a clock in the afternoon, till four, and shall take up a note of all Processes shown to him, containing the names and designations of the Pursuers and De­fenders, and the name of the Cause, whether it be Advocation, Suspension, Declarator, Reduction, or any other having a spe­cial name; or otherwise under the name of Lybell'd Summonds, and contain the date of the return, signed by the Defenders Ad­vocats upon the Process; and by the said note shall insert in the Book all that is produced that day, according to the dates of the returns, expressing in the Book the day of the month of the up­taking, before the Causes taken up that day, and also expressing the day of the month of the return, before the Causes returned each day, and shall interline nor insert no Cause in the said Book, but set them down in order as they were presented, according to the date of their returns; and shall receive for inserting of the saids Causes in the Book, and for affixing Rolls upon the Wall conform to the said Book, for every Process four shillings Scots and no more, although the said Process should continue to be Enrolled several weeks, untill the Ordinary have called and heard the same; which Book of Enrollment shall alwayes re­main in the Session-house, and be patent to the Liedges, that thence advertisements may be given to all parties having interest; and for shewing whereof, the Keeper of the Book shall exact or take no money or gratification.

3. That the Keeper of the Book of Enrollment for the Outer-house affix a Roll of Processes each Munday upon the ordinary place of the Wall of the Outer-house, in all things conform to the said Book of Enrollment, expressing the day of up-taking; and that the day of the month of the several Returns be set be­fore the Processes insert each day, and each subsequent weeks Roll shall in the first place contain what remained undiscuss'd by an Act, Decreet, or Protestation, or not delet by the Ordinary, upon the Pursuers not insisting. And where Processes are delay­ed to a day, till the Parties see, or something be produced or done, which requires not an extracted Act, the same shall re­main in all subsequent Rolls, in the same day that it was in the first Roll, that after the day to which it was delayed, it may be called by the Ordinary till it be discuss'd or delet: And for that effect, the Ordinary shall on the Margent of the Roll, mark at that Process, to what day it is delayed, which shall remain so marked in the subsequent Rolls, till the Cause be discussed.

4. That the Keeper of the said Books of Enrollment for the Outer-house, do exactly and punctually observe the Rules and [Page 9]Orders aforesaid, and that he give his oath every Session for that effect; and if he transgress the saids Rules, the Lords shall de­prive him of his Office, and otherwayes punish him as they see cause, and appoint another in his place, who, and his successors, shall alwayes be lyable for observing the premisses.

5. That in like manner there be a Book of Enrollment of Pro­cesses to be discuss'd in the Inner-house, containing Causes proper for the Inner-house; as the discussing of reasons of Reduction of Heretable Rights of Lands, or Annual-rents, Declarators of Rights thereof, Probations of Tenors of Writs destroyed or lost, Cessiones bonorum, which Book shall be kept by a person ap­pointed, or to be appointed by the Lord Chancellour, who shall insert the saids Processes as they are in readiness to be dis­cuss'd in the Inner-house, viz. Reductions after the Producti­on is closed, and Declarators, Tenors, and Cessiones bonorum, after the Dilators are discussed in the Outer-house, and a great avisandum made by the Ordinary in the Outer-house, who is to proceed no further therein; and that according to the date of that great avisandum, as it stands written upon the Process by the Clerk of the Process: And where the Lords, upon report of Dispute from the Outer-house made by the Ordinary, shall for the importance, intricacy, or preparative of the points re­ported, ordain the Cause to be heard in presence of the whole Lords, the said Process shall be insert in the Roll of the Inner-house, according to the date of the Lords deliverance, appoin­ting it to be heard in their presence.

6. That there be a Book of Enrollment of concluded Causes, whereof the probation is to be advised by the Lords, to be in­sert according to the date of the conclusion of the Cause, as the same shall be presented by the Clerks of the Process, to be kept by the Keeper of the said Book of Enrollment for the Inner­house.

7. That the Keeper of the saids Books of Enrollment for the Inner-house, shall attend in the Session-house each Saturday from two to three a clock in the afternoon, and shall receive and insert all Processes which shall be offered to him in either of the saids Books, according to the Order foresaid; and shall receive thirty shillings Scots for each Process to be insert in the Book of Causes to be discuss'd, and twelve shillings for each Cause to be insert in the Book of concluded Causes; and shall exact or take no more for himself or his servants: and shall make the saids Books patent to all the Liedges freely, and shall affix a Roll both of Processes to be discuss'd in the Inner-house, and of concluded Causes, in all things conform to the Books, upon Munday, als oft as need beis; and shall add to the Causes in the said Roll for subsequent weeks, in the same manner as is appointed for [Page 10]the Rolls of the Outer-house, and both in the Books and Rolls shall express the day of up-taking the Process, and the day of the great avisandum or Ordinance of the Lords for hearing the Cause in their presence, subjoyning thereto the Causes each day, both in the Books and Rolls of Causes to be discuss'd, and the like for the Book and Roll of concluded Causes, according to the date of the conclusion of the Cause.

8. That the Keeper of the saids Books of Enrollment for the Inner-house observe the premisses punctually, under the pain of deprivation, and being further censured by the Lords, as they shall see cause: And that the beginning of every Session, he shall make faith to observe the premisses in all points.

9. That the Lords both in the Inner-house and Outer-house shall proceed to the discussing of Processes, in order as they stand in the said Rolls respectivè, without passing over, or anticipating any Cause; and that each Process shall be still called in its order, untill it be brought to an Act, Protestation, or Decreet; and if it be delayed till something be produced or done which requires not an Act extracted, that after the day to which it is delayed, the same shall be call'd till it be discuss'd.

10. And where at the calling of any Cause in the Inner or Outer-house, the Pursuer insists not, the Process shall be delet out of the Roll, and Protestation shall be granted to the De­fender, without any other solemnity, but the demanding there­of at the calling of the Cause, whereby the Defender shall not be oblidged to answer untill he be summoned of new, and the Protestation-money paid, that he be not oblidged to an uncer­tain attendance at the Pursuers pleasure. And incase at the cal­ling of any Process in the Outer-house, any Parties Advocat be in the Inner-house, the Ordinary shall call the Cause the next day thereafter, if he be desired upon a Ticket to be given to him before he go to the Bench; but that no Advocat make in­terruption by calling otherwayes over the Bar.

11. That the Lords by no importunity alter the order of the saids Rolls by any Deliverance or Warrand, except it be for discussing reasons of Reduction of small difficulty and impor­tance in the Outer-house, before they be Enrolled in the Inner-house, which shall be Enrolled in the Roll of the Outer-house, according as they shall be presented to the Keeper of the Roll, in the same manner as other Processes.

12. That if any Cause be called by anticipation, out of its due place, the Pursuers Advocat may refuse to insist, or the Defenders Advocat to answer, and it shall be a sufficient defence that he is not oblidged to answer before its due course in the Roll: And although neither parties Advocats should object, [Page 11]seing others who were anterior in the Roll are prejudged, the Clerks are prohibit to write on any such Process called out of its own course, or to extract any Act or Decreet thereupon.

13. That the Lords of Session, every Session, go near the discussing of all Causes enrolled that Session; and that as they see their work by the Books of enrollment, they meet the sooner in the morning, and also meet in the afternoon for taking in Reports from the Outer-house, which requires not the attendance of Advocats, and which consumes much of the time both in the Inner and Outer-house in the forenoon; and also for advising of concluded Causes, which of all other should be least delayed.

14. That if any Act, Decreet or Protestation be stopped, either by the Ordinary, or by the Lords, the same shall be heard by the Ordinary who heard the Cause before, untill the same be discuss'd, delet, or Protestation granted in manner foresaid, and that the same shall not again be brought into the Roll.

15. That no Bill be presented to the Lords for stopping or rectifying any Act or Decreet past in the Outer-house, untill the Party first make application to the Ordinary who heard and pronounced the same; and if he refuse to hear the Party upon any new matter condescended on, or in case of doubtfulness, to report at least upon consignation of an Amaund: In that case, the Party may give in a Bill to the Lords, expressing his ap­plication to the Ordinar, and his refusal to hear or report, as said is, and expressing the special matter which he desireth in the Process, and no otherwayes.

16. To the effect, the Lords of Session may be in better capacity to discuss the Processes which come before them, not being overburdened with small and inconsiderable Causes, That all Causes, not exceeding the value of two hundred Merks Scots, be in the first instance carried on before the inferiour Judges; And that no Summons be raised upon Bill, or otherwayes for Causes of less importance, for which the Clerk of the Bills and Writers to the Signer are to be answerable at their peril; except there be such reasons condescended on in the Bill, as would be sufficient to procure an Advocation of the Cause from the inferior Judge, in behalf of a Defender, and competent Instructions thereof; And that such Bills do not pass of course, but be specially presented and read to the Ordinary, and that the deliverance on the back thereof bear, Because the Lords have found suficient ground, for which the Cause ought not in the first instance to be pursued before the inferiour Judge Ordinar, but be­fore the Lords: Excepting also, the Causes belonging to the Members of the Colledge of Justice, and except Sums due to Merchants, Cooks, Vintners and others in Burgh, for Furni­ture [Page 12]taken off from them, by such as dwell not within the Shire where the Furniture was taken off.

17. That where Causes are begun before inferior Courts, no Advocation thereof shall be past, being of no greater im­portance then as aforesaid, otherwayes then is provided by the Act of Parliament; And that the Clerk of the Bills be an­swerable therefore, not to present, pass or write on any such Bill at his peril.

18. That where Decreets are past before inferior Courts, and craved to be suspended, if the reasons proceed not on iniquity, but upon alledgiance, that the Decreet was in ab­sence, so that the craver of the Suspension hath never appear­ed, or hath not continued to defend while there was no in­justice done: Then and in that case, he shall be oblieged at the passing of the Bill of Suspension, to consign in the hands of the Clerk of the Bills, such sums for the expences of the Party, as the passer of the Bill shall appoint, according to the importance of the Cause and the distance of the Party, which shall be given up to the Charger, if the Suspender hath not compeared, or continued to defend before the inferior Court, as said is; and that immediately at the calling of the Cause to be discust, when the compearance in the Decreet may appear, unless the Suspender improve the Executions of the Summons whereupon the Decreet did proceed.

19. That Decreets, in foro contradictorio, before the Lords of Session be not again suspended, upon reasons competent to have been proponed, or which were repelled in the former De­creet. And to the effect it may be known, with the least expence, what Decreets are in foro, That the Keeper of the Minute-book make up a Book of the Decreets in foro, ac­cording as the same shall each day be given in to him by the Clerks, expressing the names of all the Defenders for whom there is compearance; And that the Clerk of the Bills from time to time, call for and receive a double of the said Minute­book of Decreets in foro; And when any Bill of Suspension is to be presented by him, that at his peril he write on no Sus­pension of any Decreet in foro, contained in the said Book, untill it be presented to the whole Lords in time of Session, and to three met together in time of vacance, the deliverance bearing, that they were met together. And where there is once compearance for any Party and Defences proponed, the Decreet shall be holden as done in foro, and all the Dispute proponed by the Advocats shall be insert therein, albeit the Advocat thereafter past from his compearance; And that the first Protestation shall not be suspended, but upon consigna­tion of thirty pounds, and the Suspension thereof shall bear [Page 13]that it is the second Suspension: And so forth, all the Sus­pensions that shall be obtained thereafter, shall bear that the same is the third or fourth Suspension; and that no Suspension shall pass of the second Protestation, but in presence of the whole Lords in time of Session, and by three of the Lords met together in time of vacance, the deliverance bearing as afore­said; and that the Clerk of the Bills write upon no Bill of Suspension otherwayes, as he will be answerable at his peril; and that the second and posterior Protestations shall be insert in the said Book, with the saids Decreets in foro.

20. That where Processes are keeped up un-returned by the Defenders Advocat, longer then six dayes after the out-giv­ing thereof, which is the time allowed for seeing of Processes, That upon complaint given in to the Lords thereanent, the Ordinary upon the Bills call the Advocat who keeps up the Process, and fine him in three pounds Scots for ilk day he hath keeped up the same, from the time that the Process was re­quired from the Advocat, or his principal Servant personally at the Advocats Chamber, by way of Instrument under a Nottars hand, unto the day that the complaint was given in, and six pounds for every day that the Process shall be detained by him, after in-giving of the complaint: And that one of the Macers be ordered to exact the fine, under the pain of deprivation; and to that effect, that he be warranded to ex­clude the Advocat out of the House, and not to suffer him to enter the Outer bar until he make payment; and that he return the money so exacted to the Ordinary upon the Bills, whereof the one half is to be put in the Poors Box, and the other half to be paid to the party pursuer, if he desire the same, otherwayes, that the whole be put in the Box.

21. But where there are moe Defenders then one called in a Process, and several Advocats compearing for them, That the Advocat who taketh up the Process to see for the Party principally concerned, in whose house the same is appointed to be seen, shall be allowed only four dayes for seeing the Pro­cess; and in case he do not return the same within that time, that he incur the penalties contained in the former Article: And that after the Process shall be returned, the same shall remain in the Clerks hands six dayes before it be called, dur­ing which time, any Advocat compearing for any other of the Defenders, may see the Process in the Clerks hands, and write thereupon for whom he compears, and subscribe the same; and may also borrow the same up from the Clerk for the space of twenty four hours, upon his Receipt and consignation of an Amaund, according to the importance of the Cause: And in case he do not reproduce the Process within the said space of [Page 14]twenty four hours, upon complaint made thereof, he is to lose the Amaund, and to pay six pounds for ilk day he keeps the Process after the said space of twenty four hours; and the like execution to be used therefore, as in the former case of the Defenders Advocats not returning Processes given out to them by the pursuers Advocats. And likewise, if any Ad­vocat, during the said space of six dayes, be desirous to see the Process for any other Party having interest, who was not called in the Process, that upon production of the Parties in­terest in the Clerks hands, he be allowed to see in manner fore­said, he alwayes consigning and subscribing for whom he com­pears: And incase of failzie, to re-produce, being lyable as said is; and that the Advocat shall not be heard when the Cause is called, if he hath neglected to see, in manner fore­said, whether he be compearing for any Party called in the Process, or compearing for his Interest.

22. In respect it is a great obstruction to the dispatch of Pro­cesses, That when Causes are called, Defences sometimes are proponed upon Writs, which being neither produced nor seen by the pursuers Advocats, all that is ordinarily done, is to ordain the Writs to be produced: Therefore, wherever the Defenders Advocat is to found any Defence upon Writ, that at the returning of the Processe, he also produce there­with the Writs whereupon he intends to found any alledgeance, otherwise no respect is to be had to the alledgeance to be founded on these Writs which were in any of the Defenders Advocats hands, Or which, or any Coppy thereof were seen by the saids Advocats, which the Pursuers Advocats shall be obliedged to return within four dayes after they receive the same: Other­wayes complaint may be made against them, as against Defen­ders-Advocats, for keeping up of Processes: And incase any other Writs come to their hands, after the returning of the Process, upon which they will found; That in like manner they produce the same to the Pursuers-Advocats before calling of the Cause, under the same certification.

23. That the Suspender at the out-giving of the Suspension, produce therewith all his Verifications; And that at the calling of the Cause, if he have keeped up the Verifications, and offer then to produce the same, That the Ordinary shall give Decreet, because the Reasons is not verified conditionally; That if with the Verifications the Suspender produce in the Clerks­hands twelve pound Scots, two parts thereof to be paid to the Charger, and the third part to the Poor, the same shall be re­ceived, and the Parties heard thereupon, without Enrolling of new: And therefore the Ordinary shall mark upon the Cause, Decreet Conditional, to such a day; And if betwixt and the [Page 15]said day, obedience be not given, the Decreet is to be Extracted.

24. That the Suspenders Advocat be not allowed to propone any new Reason of Suspension at the Bar, which was neither ly­belled, nor contained in the eikit Reasons of Suspension given out to, and seen by the Chargers Advocats, unlesse therewith they consign in manner foresaid.

25. That because Processes are very much lengthned, by the long running of ordinary and incident Diligences and Termes, for production in Reductions and Improbations: For remedy whereof in time coming, there shall only be two Diligen­ces against Witnesses, one by Horning, and another by Caption; And there shall be no Incident-diligence sustained upon Acts, but where the fame is craved, and allowed at the pronouncing of the Act, and expressed therein; which shall proceed against the alledged Havers of the Writs, first by Horning, charging them to compear and produce upon Oath, and next by Caption incase they do not compear and depone: And that there be only one Term for Production in single Reductions, and two in Im­probations: And that the Clerks insert no Reservations in Acts for Production, but that all Exceptions competent be­fore Production, be discuss'd before assigning of Termes.

26. That no more Advocats be employed, or marked in any Cause for a Party, but only three in the Inner-House, and three in the Outer-House at most; And that only two be allowed in the Inner-House to speak one after another upon one side, be­fore the other Party make an Answer: And that the Lord-Chancellor, or President, keep the Advocats closs to the Point; And that no Advocat be allowed to speak above half an hour together, at most at one time.

27. Seing there is great clamor and complaint of the Ex­orbitant-allowance of late given to Advocats for Consultations, far exceeding what was usual in former times; That for reme­dy thereof, the allowance of Advocats in time coming, be re­gulat according to the quality of the persons who employes them, and the Eminency of the Advocats employed, in man­ner following, viz. That for every Consultation, pleading thereupon, and drawing Bills upon any Interloquitor there­anent altogether, there be given at most to any of these Advo­cats, who ordinarily plead in the Inner-House, by Noblemen, eighteen pounds; By Knights and Barrons, fifteen pounds; By Gentlemen and chief Burgesses, twelve pounds; And by all the rest of the People, nine pounds: And to the rest of the Advocats by Noble-men, only twelve pounds; By Knights and Barrons, nine pounds; By Gentlemen and chief Burgesses, six pounds; And by all the rest of the People, four pounds: [Page 16]And that nothing be allowed for drawing Informations to be given to the Lords after Disput, but to one Advocat only; and that the allowance therefore, be only the half of what is allowed for the Consultation.

28. That the Parties Pursuer and Defender, do give in with the Process, a Declaration under their hands, bearing, That as they shall answer to God, they have not given, nor shall give any more to any one Advocat employed by them in that Process, for every Consultation comprehending as aforesaid, then the foresaid allowance; which Declaration is to be given in by the Defender at the return of the Process, and by the Pursuer be­fore the Process be called; and incase of the Clients minority, his Tutors, or Curators; and incase of his absence, or that he hath employed another to disburse the mony for him; the Per­son so employed, shall give in the foresaid Declaration upon Oath, which shall bear, that he being the only Person employ­ed to disburse mony to Advocats in that Process, he hath not given, nor shall give any more then as aforesaid. And likewise, that all who are already admitted Advocats, before they be allowed to plead, shall give their Oaths that they shall alwayes observe the saids rates; and that no Advocats be admitted here­after, till they give that Oath.

29. And because by the Act of Parliament, one thousand six hundred and twenty one, the rates of Writs are ordered con­form to an Act of the Lords of Privy Council and Lords of Session, in Anno, one thousand six hundred and six, the effect whereof hath been frustrate, because nothing thereby is provided to Clerks Servants: And in respect the rates of all things are much increased since that time, Therefore that the rates of the Clerks of Session be as followeth, viz. That the same rates be observed which are contained in the said Act of Parliament, ex­cept as to Acts, Decreets, Protestations and Diligences, for which there shall be only paid to the Clerk and his Servants, three pounds Scots for each Sheet, written in the same manner as they are now accustomed, conform to a Pattern to be signed by this Commis­sion, and keeped by the Lords of Session: And that the Clerks or their Servants take no money for production of Writs, or giving up of the same again, minuting of Disputes, or booking of Acts and Decreets, all which shall be paid by the saids Ex­tracts; but that there be allowed to them two Merks for taking a Parties Oath, and one Merk for every Witnesses Deposition, and thirty Shillings Scots for calling of every Act in presence of the Ordinary. And that the Clerks or their Servants do not mark upon any Process, Calling or Compearance, or the calling of any Act, but what was publickly done by a Macer, that the Advocats may have timeous notice to satisfie the conclusion of [Page 17]Acts; and that no Decreet be pronounced conditionally, but simply, according to the Act to be extracted twenty four hours after the same is read in the Minute book; and that every Sede­runt-day the Minute-book be read out fully, that the Lieges be not delayed or necessitat to attend: And that the Clients shall, in the same manner as in relation to Advocats Allowance, give their Oaths, that they have keeped and shall keep the saids rates, which shall be contained in one paper, with their Declaration in relation to Advocats; and that the Clerks and their Servants give their Oaths, that they shall alwayes observe the saids Rules and Rates, and that no Clerk be admitted hereafter, till he give that Oath; excepting Acts and Decreets of contentious dispute in presence of the Lords, which are to be at the discretion of the Party, conform to the Act of Parliament.

30. And anent the Clerk of the Bills and his Servants, that the rates in the said Act of Parliament, one thousand six hundred and twenty one, be in all points observed, and also the rates for Allowance of Comprisings, contained in the Act of Parliament, one thousand six hundred and sixty one; with this alteration, That whereas that which is allowed by the said Act, one thou­sand six hundred and twenty one, for the Acts of Caution, with the relief which comprehends the Bills of Suspension, is too low for the Clerk and his Servants, That there be allowed to the said Clerk and his Servants therefore, three pounds and one merk Scots, and no more; and that the Clerk of the Bills and his Servants give their oaths, in the same manner as the Advo­cats and Clerks of Session, that they shall observe the saids rates. And in case there be moe persons contained in the saids Bills of Suspension then one, that every such person, except the chief person, shall pay six shillings eight pennies, until they come the length of ten persons; and no allowance is to be grant­ed for any exceeding that number, nor for a Community more then the said number of ten: And for Relaxations, six shillings eight pennies for every person more then one, untill they come to the number of ten persons, and no more to be taken for any greater number or Community; and that this be in satisfaction of all that is to be given in that Office, both for Master and Servants.

31. In respect several persons, being neither Advocats nor Advocats Servants, do take upon them, under the name of Agents, to medle and negotiate in Processes, who are found to be of no use, but burdensom to the Lieges; That hereafter all these Agents be debarred the House, and not permitted to nego­tiate in, or mannage Processes; and recommends to the Lords of Session to see the same punctually observed.

SEing Causes Criminal are of the greatest impor­tance, and may extend to the Lives and Liberties of any of His Majesties Subjects, and their Persons and Fortunes: And seing the punishment of Crimes is of the greatest consequence for the safety and se­curity of His Majesties Person and Authority, and the Peace and Quietness of the Kingdom; And therefore, Matters Criminal ought to be determined in the most solemn, exact and regular way, that the Loyal and Innocent may be in full security, and Offenders may be punished either in the most publick places of the King­dom, or in the places where the Crimes have been committed, to terrifie others from the like: That whereas formerly Assessors from time to time were appointed to the Justice-General, in matters of importance, which being ambulatory, cannot be so convenient, as if all the Members of that Court were setled and chosen by His Majesty of fit persons, who might make it their work to make a just and constant procedure in Matters Criminal.

1. For that effect, that the Office of Deputes in the Justice-Court be suppress'd, and that five of the Lords of Session be joyned to the Justice-General and Justice-Clerk, and all of them invested with the same and equal Power and Jurisdiction in all Criminal Causes; That the Justice-General being present pre­side, in his absence the Justice-Clerk, and in absence of both, that these present elect one of their number to preside, four of the whole number being alwayes the Quorum of that Court, ex­cept at the Circuit-Courts.

2. That they be appointed to meet each Monday at nine of the clock in time of Session, and oftner if business so require.

3. That the persons to pass upon Assizes be listed, and their Names and Designations insert in an Roll to be signed by the saids Judges or their Quorum.

4. That for the splendour of that Court, all the Judges sit in red Robes faced with white, that of the Justice-Generals be­ing lined with Ermine, for distinction from the rest.

5. That once a year, in the Moneth of April or May, Circuit-Courts be keeped, two of their number appointed to go and keep Courts at Dumfries and Jedburgh, two at Stirling, Glasgow and Air, and other two at the Towns of Perth, Aberdeen and [Page 19] Innerness, the Justice-General being alwayes super-numerary in any of these Circuit-Courts.

6. That it be left and recommended to the Judges of that Court, to regulate the inferior Officers thereof, and order every other thing concerning the said Court.

7. That a convenient Room be appointed for their meetings, Benches for the Judges, a place for the Justice-General, more eminent then the Seats of the other Judges; That the Advo­cats, Clerk, Assize and Pannels have distinct places appointed to them.

8. That the Clerk of the Court, nor no other person, be present with the Assize after they are inclosed.

9. That the Chancellor of the Assize mark what way every individual person who is upon the Assize shall vote, whether con­demning or assoilzeing, and that on the same Paper wherein the Verdict of Assize is written, which after the pronouncing of the Verdict, is to be closed and sealed with the Seals of the Court, of the Chancellour of the Assize, and of so many moe of that num­ber, as the Chancellor shall think fit, and never to be opened again, but by order of the Judges: With certification, if the Clerk who shall have the keeping of the said Verdict, do make open the same without warrand, he shall be deprived of his Office, and otherwayes punished as the Judges shall think fit.

10. That in all Criminal Pursutes, the Defender or his Ad­vocats be alwayes the last speaker, except in cases of Treason and Rebellion against the King.

11. That when any Criminal Libel or Summons of Exculpation are given and execute against any Party, that at the same time, Lists of the Witnesses to be adduced for proving of the said Libel and Summons, and of the persons who are to pass upon the Inquest, be also given to them; to the effect, the Party may know what to object against the saids Witnesses and Assizers, and may take forth Diligences for summoning of Witnesses for proving of their objections, why any contained in the saids Lists should not be admitted to be a Witness, or upon the Assize.