marriage, where the celebrator is to suffer banishment or corporal pains.

Mr Hume adds, that the jurisdiction of the High Court of Justiciary is exclusive generally "with respect "to all statutes which order any crime to be punished "with transportation to parts abroad."

There are some crimes which, though not originally capital, have been made so by statute, and which, for this reason, are cognisable only by the Court of Justiciary.

Incest, by the act 1567, cap. 14.

Cursing or beating of parents, by 1661, cap. 20. Attempting to kill a minister, or to rob his house, by 1670, cap. 4.

Invading a privy counsellor on account of service done his Majesty, by 1600, cap. 4.

Felony, as committed in violation of the riot act ; 1. of Geo. I. cap. 5.

Enlisting soldiers to serve a foreign state; 9. of Geo. II. cap. 30.

This High Court is the only competent tribunal for trial of the four pleas of the Crown, murder, robbery, rape, and fire-raising; and it alone can provide a remedy for all extraordinary occurrences in the course of criminal business.

CIRCUITS.

The obligation to hold circuit courts was fixed by several old statutes, most of them prior to the institution of the College of Justice.

The act 1440, cap. 5, declared, "must be held twice in the year."

"that justice aires

This was also the rule by the act 1483, cap. 94, "of "justice aires."

The act 1491, cap. 19, directed that circuits should be held twice in the year.

And the act 1587, cap. 81, is to the same purpose. Under these statutes the circuit courts were appointed to be held twice in the year; but this was changed to one annual meeting, except in special cases, by the act 10. of Queen Anne, cap. 32. But by 20. of Geo. II. cap. 43, the judges are directed to hold circuit courts regularly twice a-year.

According to the statute 30. of Geo. III. cap. 17, the spring circuits must be held between the 12th of March and 12th of May annually.

The act 23. of Geo. III. cap. 45, "for regulating "the proceedings of the Court of Justiciary and circuit "courts in Scotland," (made perpetual by the 27. of Geo. III. cap. 18,) declares :

That it shall and may be lawful for the Court of Justiciary, and the said court is hereby authorised and required, at the time of settling and appointing the spring and autumn circuits, that is to say, between the 1st and 20th days of March and 1st and 20th days of August in each year, by an act or minute to be recorded in the books of adjournal, to declare and determine how long the judge or judges shall continue and remain in each circuit town or place of the respective districts; at the expiration of which time, so to be limited and declared, the justice ayre at such town or place shall be concluded and ended, the jury, sheriffs, and other magistrates discharged from their attendance, and the judge or judges

not obliged to continue longer in such town or place, any thing in the foresaid act to the contrary notwithstanding.

II. Providing always, That if any trial or matter, civil or criminal, shall happen to be begun or entered upon, and not concluded and determined, before elapsing of the time so to be limited and declared for the judge or judges continuing in each circuit town or place, it shall nevertheless be proceeded in, and the judge or judges, and jury, shall not be at liberty to depart or leave the said town or place till the same is concluded and determined; and provided also, That the judge or judges of the circuit courts shall continue, and the sheriffs and other officers shall attend them, by the space of three whole days at the least at each town or place where the circuit shall be held, but that the jury shall be discharged from their attendance as soon as the business may admit.

"III. And whereas, by an act made in the 25th year of "the reign of his said late Majesty King George the Se"cond, intituled, An act for the more effectual trial and pu"nishment of high treason and misprision of high treason, " in the Highlands of Scotland, and for abrogating the prac"tice of taking down the evidence in writing in certain cri"minal prosecutions, and for making some farther regulations "relating to sheriffs-depute and stewarts-depute, and their "substitutes, and for other purposes therein mentioned; and reciting, That whereas the taking down and reducing into "writing the evidence in criminal causes and prosecutions, (not extending to the loss of life, or to demembration,) be"fore the Court of Justiciary, and the circuit courts, in that "part of Great Britain called Scotland, had, by experience, "been found very inconvenient, and to occasion great delay "as well as expense; it is therefore enacted, That from and "after the first day of July in the year of our Lord 1748, it "shall and may be lawful for the said Court of Justiciary, "and the said respective circuit courts, to proceed in, try, and "determine all causes and prosecutions before them, for any "crime or crimes not inferring the punishment of death, or

"demembration, whereupon the verdict of an assize or jury "is to pass, upon examining and hearing the evidence of the "witness or witnesses adduced or examined in any such "cause or prosecution viva voce, without reducing into writ"ing the testimony of any such witness or witnesses; and "that the practice of taking down and reducing into writing "the testimony of witnesses in such cases be, and the same "is thereby abrogated and abolished; and whereas, the al"teration introduced in the trial of the lesser crimes by the "above act has been found by experience to be attended "with important and salutary consequences: and whereas, "the taking down and reducing into writing the evidence given in the trial of crimes, which may infer the punish"ment of death or demembration, as now practised in the "Court of Justiciary, and Circuit Courts, has been found,

by long experience, to be attended with great inconve"veniences, by prolonging trials to such a length as has "been found dangerous to the health of the judges, counsel, "and jury, whereby the best jurymen are often deterred from "attending such service; and those who do attend, after "being exhausted with the fatigue of such long trials, are "little able to discharge their duty in reconsidering the "whole evidence as taken down at such length in writing, "in order to form their verdict;" for remedy whereof, be it enacted, by the authority foresaid, That it shall and may be lawful for the said Court of Justiciary, and the said respective circuit courts, to proceed in, try, and determine all causes and prosecutions before them for any crime or crimes inferring the punishment of death, or of demembration, in the same manner as is now practised in prosecutions for lesser crimes, by the verdict of an assize or jury, upon examining and hearing the evidence of the witness or witnesses adduced or examined in any such cause or prosecution viva voce, without reducing into writing the testimony of such witness or witnesses.

IV. Provided always, That if in the trial of any of the

crimes which may infer the punishment of death or demembration it shall appear to the judges more expedient to take down and reduce to writing the testimony of all or any number of the witnesses, according to the present practice, it shall be lawful for them to proceed in that manner; any thing in this present act to the contrary notwithstanding.

V. Provided also, That in all such trials and prosecutions, whether the evidence be reduced into writing, or be taken from the witnesses vira voce without reducing the same into writing, the counsel on both sides, and the pannel or prisoner, may interrogate the witnesses upon all pertinent and legal questions, and immediately before the assize or jury shall be inclosed, the evidence shall be summed up by the judge, or one of the judges before whom such trial shall be had.

VI. Provided likewise, That nothing herein contained shall alter, or be understood to alter, in any respect, the form or mode of trial before the said courts for high treason or misprision of treason.

"VII. And whereas by an act passed in the Parliament "of Scotland in the year 1672, intituled, Act concerning the "regulation of the judicatories, among other regulations of "the Court of Justiciary, it is provided, That four of the

judges shall always be a quorum of that court; and "whereas, by another act of the Parliament of Scotland, "made in the year 1681, intituled, Act appointing the quo“rum of the Justice Court in time of vacance, it is statuted "and ordained, That in time of vacance of the Session, three "of the commissioners of justiciary shall be a sufficient quo"rum; and whereas it has been found, from experience, that "the quorum appointed by the act of the Parliament of "Scotland first above recited is often attended with incon❝veniences, as interfering with the attendance of the judges "of the Court of Justiciary to their duty as judges in the "Court of Session, and that the reason for reducing the

quorum of the said Court of Justiciary to three, applies "with more propriety to the time of the sittings of the Court "of Session than to the time of the vacation of that court,"