INTRODUCTION. xxvii
IV. The Cou-rt of Admiralty. The office of lord high admiral of Scot-
land is very ancient, as well as the Court of Admiralty ; but the form of their
proceedings of old is not much known, as molt of their ancient records art-
loft. The lord high admiral was, before the Union, his Majefty's lieu-
tenant and juftice general upon the feas, and in all creeks, harbours, and
navigable rivers beneath the tuft bridge. He exercifed his jurisdiction by de-
puties, the judge of the High Court of Admiralty, and the judges of inferior
Admiral Courts in the different diftricts. By an article of the Union, the ju-
rifdiction of the Admiralty in Scotland is faid to be under the lord high ad-
miral of Great Britain ; but this does not feern to infer jurifdiction in a judi-
cial capacity; for the decrees of the Admiralty Court are in civil cafes fubject
to the review of the Court of Seffion, and in criminal to that of the Jufticiary.
The judge of the High Court of Admiralty is appointed by the lord vice
admiral of Scotland, an officer of ftate nominated by the crown ; and thofe
of inferior courts, by the judge of the High Court. They have a jurifdiction
fas all maritime cafes, civil or criminal ; and, by prefcription, the High Court
has acquired a jurifdiction in mercantile caufes, nowife maritime. The infe-
rior courts imitate the example, although their jurifdiction is difavowed by
law in all caufes but thofe ftrictly maritime, and very properly; for the judges
of the inferior courts are, by Hation and education, lefs qualified to act as
judges than thofe of any other court in Scotland.
V. The Commissary Court of Edinburgh, like that of the Admiralty, is
in fome refpects fupreme, in others inferior; it can review the fentences of the
other Commiffary Courts ; but its own decrees are fubject to revifal by the
Court of SeiTion. There are many other CommiiTary Courts in the country ;
the judges or commiffaries are nominated by the crown. The court of
Edinburgh has four CommifTaries : thefe courts were i-nftkuted by Queen
Mary, and are the general confiftorial courts of Scotland. Their nature is to
confirm teftaments, to afcertain debts contracted by perfons deceafed, and to
give decree of payment thereof; efpecially if the debts relate to the laft illnefs
of the deceafed, the funeral charges, or obligations arifing from teftaments,
or from the ties of nature, fupported by law, requiring alimony out of the
effects of the deceafed ; to decide in all cafes of fcandal, and in general upon
debts not exceeding 40I. fterling. The Court of Commiffary cf Edinburgh
reviews the decrees of the other Commiffary Courts ; takes cognifance of all
actions to prove a marriage ; and particularly, to try all caufes of matrimony
and adultery, in order to a divorce, not only a menfa ei ioro. but alfg <j vin-
culo matrimonii.