CONTENTS.

I.-INTRODUCTORY.

Lectures delivered first in the Advocates' Library-next

before the Juridical Society-Scotch Legal Antiquaries

-Sir Thomas Craig-Sir John Skene-Sir George

Mackenzie-Dirleton and Stewart-Sir Thomas Hope

-Stair-Erskine - Sir James Dalrymple - Lord

Hailes Lord Kames-Alexander Wight-Thomas

Thomson-Joseph Robertson-George Chalmers—

John Riddell-Learned Writers to the Signet-

David Erskine-John Russell-William Tytler-

Charles Gordon-Isaac Grant-Samuel Mitchelson

-James Anderson-George Home-Walter Ross

John Davidson Archibald Swinton - David

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Wemys Colin Mackenzie Sir James Gibson-

Craig-Styles of Dallas of St. Martin-Styles selected

by the Juridical Society-Disadvantages under which

our early Antiquaries laboured-Outline of the sub-

jects of the Course-Bolingbroke on the importance

of historical study for lawyers,

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II. CHARTERS.

Styles and terms of ancient Charters--Charters commence
with David L.-Title of the King--Mode of Address
-Scotch Charters founded on Saxon models-Early
Charters undated-how the period of an undated
Charter may be ascertained-sometimes by an inci-

dent in contemporary history-sometimes by the name
of granter, grantee, witness-Chronology of the
Charters of David II.-Charters to Monasteries very
elaborate-Charters to Laymen short-Bruce's Char-
ters the clauses of a Charter analysed-Style and
Title of the Granter-Persons addressed-Dreng-
"Goodmen "-Motives inductive of ancient Grants
-to Laymen-to Churchmen-Subjects granted-
The quaquidem clause-The Tenure, modus tenendi
-Grant of Regality-Grant of Earldom-Grant in
liberam forestam-Mode of constituting the right of
Forest-Apparent extent of the right-Right of
Pannage Grant in liberam warennam-Nature and
extent of this right-Grant in liberam baroniam-
What it conveyed :-Territorial rights-Parts and
Pertinents: Woods and plains-Meadows and pas-
tures-Roads and Paths-Moors and marshes—in
aquis et stagnis-Fish-stanks or ponds-Vineyards—
Parks-Brushwood or jungle-Petaries and turbaries

Coal pits, quarries, stone and lime- Pigeons
and dovecots-Wrak, waith and wair-Huntings,
hawkings and fishings-Mills, multure dues, sucken-
Smithy-brew-house-saltworks-Rights seignorial:
tenants, tenandries-Homage, ward, relief-Bonds-
men, neyf or serf-Marchetæ mulierum-Heriot-
Rights of Jurisdiction: sac and soc-Thol and them
-Infangthief and outfangthief-Pit and gallows-
Courts, issues of Courts, pleas-Bludwite-The Four
Points of the Crown-Ordeal: examen aquæ, ferri calidi
et duelli-Reddendo or faciendo-Different kinds of ser-
vices-Tenure by serjeantry-Money rent seldom stipu-
lated-Origin of the word "sterling"-Blench duties-
Valuations of blench terms-Authentication of ancient
Charters seldom subscribed by the granter-com-
pleted by fixing his seal-Crown writs, how sealed-
Affixing of Great Seal implied the presence of the
King The Signature - Charter of Terregles-Sor-
ryn-Fachalos (? Frithalos) -The state of society
revealed by the Charter-Sale of an Earldom-

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CONTENTS.

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Grant of Chiefship-Officers mentioned in Charters
Steward Constable - Marischal Justiciar
Chancellor Chamberlain-Treasurer - Comptroller
-Lord Privy Seal-Lord President of the Council-
Secretary-Lord Clerk Register-King's Advocate-
Justice-Clerk-Master of Household-Doorward or

Usher

- Almoner-Maor, Maormor-Toschach
Thane-List of thanedoms-Bailie-Crowner-Con-
stable-Investitures-Spurious Charters,

ix

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III. PARLIAMENT.

Ancient divisions of the Kingdom-Uncertain tenure by
the Kings, of Cumbria, Galloway, Caithness, Moray
-Malcolm Canmore-Early differences between the
Constitutions of England and Scotland-Royal Pro-
gresses-Influence of Queen Margaret upon Scotch
Customs: Southern Immigration-The Officers of
State during the reign of Canmore-Celtic Institutions.
-Earliest Court in Scotland-The Kings of Scot-
land not absolute-Origines Parliamentaria: Alex-
ander I.-Malcolm Iv.-William the Lion-Alex-
ander II.-John Balliol-William Wallace-Robert
Bruce-Parliament complete-Similar Constitutions
abroad-Parliament in the reign of David II. and
Robert II.-Succession to the Crown-Robert III.-
Records of Parliament in Scots-Taxing the test of
supreme power of Parliament: taxation under Mal-
colm IV.-under William the Lion-State and Con-
stitution of ancient Scotch Burghs-The Court of the
Four Burghs the beginning of the Third Estate-
Burghs in Parliament-Constitutional Government:
Constitution of the Cambuskenneth Parliament-
Name of "Parliament "-Commencement of the regu-
lar Records of Parliament-Powers of Parliament
delegated, especially in judicial matters-Parliament
held at Perth A.D. 1369-Lords of the Articles
Court of Session - Parliament of James I.—

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X

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CONTENTS.

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Speaker of Parliament-Attempts at representation

Parliament of James II. - Act in favour of the

"Pure pepil that labouris the grunde "-Early Se-

derunt of Parliament-Parliament of James III.-

Power of Parliament intrusted to a Committee-

Parliament of James IV.-Act for the benefit of

Burghs-Act for compulsory Education-Act appoint-

ing Sang-schools in Burghs-Act establishing and en-

dowing Parish Schools-Parliament in the reign of

James V.-Representation of the lesser Barons-Par-

liament in the reign of Queen Mary and James VI.—

Power of Parliament in the reign of Charles I.—The

Commonwealth-Scotland represented in the British

Parliament Grouping of Shires-Grouping of Burghs

-The Clergy as one of the Estates of Parliament-

Act in regard to the Representation of Burghs-Forms

of Parliament: Sitting of Parliament-Riding of Par-

liament-No debates in Parliament-How measures

were carried through Parliament-Life Peerages-

Defects in the political Constitution: Officers of State

Members of Parliament ex officiis-The Committee of

the Articles Their Election-Usurpation of the power

of Parliament-Revocation of Grants-Annexation-

Heritable jurisdictions-The Act abolishing them—

Excommunication by the Church-Liberty more pro-

tected in England than in Scotland-Law of treason

-Styles of Parliamentary writs-Payment to Mem-

bers of Parliament-Language of the Scotch Acts-

Notice of some unjust Laws: Commonty-Sea shores-

Clan-holding-Trout-fishing-Rights of road and way

-Wise legislators in Parliament-Dying out of

slavery first in Scotland, .

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IV. THE OLD CHURCH.

Secular and regular clergy distinguished-Regulars: Monks
(Cluniacs-Cistercians - Valliscaulium) -Culdees
Canons Regulars of St. Augustine-Priory of St.

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