1000000030

886

vi/rgii:

where .he p.trly il by

privile~e

exempted (rom

Iheir jurifdiéliun.

' 3

Prorogated jurirdiélion

(jl/rifdiflio in confin/irn–

(u)

is that "hieh is, by the conrent of parties, confer–

red upon a

jud~e.

who, withom rueh conrent, would be

incompelent. Whcre

juuge is ineompetent, every (lep

he takes mu(l be null, liJl his jurirdiélion be made com–

pelenl by Ihe panies aéluJI rubrninion to il. Jt is othel'–

wire where the juuge is competent, bUI may be declined

by the party upon privilege.

'4.

In order to

prorog~tion,

the judge mu(l have ju–

rifdiélion, fuch as maybe prorogated. Hence, proroga–

tion cannot be admitted where lhe judge's jurifdiélioD

is excluded by (latute. Yet where the caure is of the

fame nHure with thofe to whieh the judge is cOmpeteDt,

Ihou~h

law may have eonfined his jurifdiélion wilhin a

cenain rum, panies may prorogm it above that fum un–

lers where prorogation is prohibited.

Prorog~lion

is not

admitted iD Ihe king's caures ; for the interefl of the

C,own cannol behun by the negligenee of its officm.

15.

AII

judges mu(l at their adminion fwear,

The

oalh of allegiance, and fubfcribe lhe a/furanee;

The

03th of abjuration

The oalh of fupremacy; lafily,

The 03th

drjidr/i adllli.ijlra/ionr.

t6. A party who has eilher properly declined lhe jll–

,irdiélion of thc

judg~

before whom he had been cited,

or who thinks I:imfelf aggrim d by . ny proceedings in

lhe caure, may, be(ore

decree,

apply tO the court of

feOion 10 i/fue letters o(

ad~ocation

for ealling the aélion

from be

(ore

the

iní~rior

coun tO

them~elves.

The grounds

there(ore, upon whieh a pany may pray for letters o( ad–

vocation, are incompe;cncy and iniquilY. Vnder iocom–

peteney, is comprehended nOI only de(eél of juriCdi8ion,

but all the grounds o( declining a jurifdiélion, in itCelf

competent, arifing eilher fromCufpieion o( the judge, or

privilege in Ihe panies.

jadge is Caid to eommit ioi–

quity, when he either deJays juniee, or pronounces

Cen–

tenee, in the exerciCe of his jurifdiélion, eonlrary tolalV.

7. T hat the eour!

ftnion may not lVane Iheir time

in triOes, no cauCe for a Cum beloltl Iwelve pound 81erling

can be advocated to the coun of Cellionfrom the inCerior

judge competent : but if an inferior judge nlaJl proceed

upon a eaufe to which he is ineomretent, the cauCe may

be carried (rom him by advoeation, let the fubje.:t b: em

fo ineonfiderable,

"['ie,

Ibe

lupmne

judgeJ

IInd

COurlJ

Scotlancl,

TH EKing, who is the founiain o[jurifdiélion, might

by our connitution have judged in

. JI

caufes, either in

his OlVn perron, or by thore whomhe was pleafed tO vc(l

Wilh jUI·ifdiélion.

The parliament of Scodand , as ollr eoun of the

JaU reron, had the righ! of rcvielVing the [eotences o(

all cm (upreme eourts.

By ,he Irwy of union,

7°7, the parliaments o(

8cotlanc\, and England are united into one parliament

Gre,t Britain. From this ptriod, the Brilinl houfe o(

Peers, as eoming in place of Ihe Seots parliament, is

be–

(oroe OOI

COUl'!

o( th: la!t rc[on, 10 whieh appcals lie

from alllhe fupreme courls

Scot!and: But that court

has no

ori~inal

jurifdi8ion in civil mmers, in IVhichIbey

jadge only upon appeal. By

arl o

22.

oF thal treaty,

the Seots Ihare of the reprerentation in the houfe of Peers

i8 fixed 10 fixleeo Scots pms eleélive ; and in !he houfe

of Commous, to (ony-five eommoners, o( ItIhieh thiny

are eleéled by Ihe freeholders o( counties, 20d 6(teen by

the royal boroughi. The Scot! privy eouncil was alCo

thereupon abolilhcd, and funk ioto thal of Creal Britaio

which for lbe fUlure is declared tO have no other poltler;

than theEnglifh privy couueil had at thetimeof the unioo.

COURT o( SrsllON,

4· A court was ereéled in

'425,

confi(ling of

eenain perCons to be named by the king, OUt of Ihe

lhree e(lates of padiament, which was vefled ltIith Ihe

juriCdiélion forOl crly lodged iD the privy council, and

got the name of the Senion, becluCe il was ordained to

hold annually a certain number of feilions at the place,

to be rpecially appointed by the king. This cOUr! had

juriCdiélion, cUlllulative with the judge ordioary, in

Cpuilzies, and other po((elfory aélions, aod in debts ; bu!

they had 00 eognizance iD que(lioos of propeny o( herit.

a~le

Cubjeéls. No appeal lay from its judgments to !he

parliameol. The judges of this coun Cerved by rotalion,

and were ehanged from time 10 time, after having fat

fOlly days; and liecame

negligent in theadmini(lratioo

of juflice, that it lVas at 1.(1

though~

nm/fary JO transfer

the jurifdiélion of this court 10 a eouoeil to be·name.!

by the king, caJled lhe daily council.

5. The preCent model of the court

felliotl", or eol–

kge of ju(liee, was formed in the reign o( James"Y>.

T!le ju¿ges tltereof, who are vellcd wilh an uoiverfal cil

vil

juriCdiélio~,

confi(led originaJly of feven churchmen¡

feven laymen, and a prefiuent, I'Ihcr.n it behoocd to

prelate; but Cpiritual judges were in

¡84 partly, and iD

640 totally prohibitcd. The judges of fenionhave been

a~lVays

.received by warraots fromthe crOlVn. Anciently

hls MaJefly Ceems to have transfmed to lhe eoun itfelf

the right o( ehufing their own prefident; and in a

Cede.

runt morded June 26.

'593,

Ihe king condeCeended to

prerent to the lords, upon every ucancy in Ihe bench, a

li(l o( time perCon" out of

w~ieh

theywere to chufe

one, But his Majeny foon reCumed

t.he

exercife of both

rights, which continued w,th the C,own tilJ Ibe·ufurp.–

tion; when it lVas ordained, thal Ihe king Ihould Dame

the judges of Ihe Cenion, by lhe adviee of parliamenr.

Afta ¡he

re~oralion,

the nomina.ion was again dd.red

Colcly

in Ihe Someign.

6. Though judges may, inthegeneral

caCe,'

be named

al the age of tltlenty·one )'ellS, tbe lords 01" renion mufl

at lea(l tlVenly·five. No perCoo can ben. med lord of

fellion, who has not ferved as aa advocaleOr principal

c1crk of fellion for fit'e years, or as a IVriter to thefigntt

for len: and in the eafe of a writer to lhe fignet, he

mnfl undergo the ordinary trials upon lhe Roman

I.IW,

and be found qu;uified twoyears befo

he e.n be namer!.

Urnn a vacane)' in lhe beneh, lhe king pr&nts lhe fue–

celfor by 3le!ter addrc/fed 10 tite lords, wherein he re–

quires thenHo tryand admit lheperron pref,nttd. The

powers sil'en Ibe," to rej<él

th~ Fr&Jlt~c

upon tri,1

¡:

t~~:o;.Q