The lord advocates of Scotland from the close of the fifteenth century to the passing of the Reform Bill

Front matter

Edinburgh : Printed by Thomas and Archibald Constable

FOR

DAVID DOUGLAS.

Introduction

PAGE

Sir John Ross of Montgbenan, ... 1

First King’s Advocate whose name is known, . 1

His bravery at Saucbieburn, ... 2

Attainted for Treason by James rv., . . 2

Restored to bis Estates, .... 3

Origin of the Office of King’s Advocate, . . 4

Successors of Sir John Ross, ... 7

Henderson of Fordell, .... 7

Richard Lawson of Hariggs, ... 8

WiSHART OF PiTTARROW, .... 8

CHAPTER H.

THE SIXTEENTH CENTURY.

Sir Adam Otterbdrn, . . . .II

Sir James Fodlis, Joint Advocate with Otterburn, . 12

Early Judicial Arrangements in Scotland, . . 13

1532. Institution of the Court of Session, . . 14

Position of the King’s Advocate, ... 15

Diplomacy, . . . . .16

Trial of Lady Jane Douglas, ... 16

Dismissal of Otterburn, . . . . 17

Returns to Public Life on the Death of James v., . 18

Employed as an Ambassador, . . ■ 18 viii CONTENTS.

PAOR

Character of Otterhiirn, . . . . IJ'

His Conversation with Sadler, . . . 19

His conduct as Provost of Edinburgh in 1544, . 20

Private Life, ..... 20

Henry Lauder of Saint Germains, . . 20

Advocate-Depnte in 153.3, .... 20

Admitted to sit with the Judges, ... 21

Little known of his private career, . . 21

1540. Officer of State on the Rolls of Parliament, . 21

Privy Councillor, ..... 23

The Law of Treason, . . . . 23

Trials after Death in Cases of Treason, . . 23

Declared lawful by Parliament, ... 24

John Spens op Condie, King’s Advocate, . . 25

Robert Crichton, Joint Advocate with Spens, . 25

Criminal Procedure, .... 26

Spens and John Knox, .... 28

10«7i Fe6. 1567. The Murder of Darnley, . . . . 31

“Black Mr. John Spens,” .... 31

Not the Queen’s Advocate, ... 32

Trial and Acquittal of Bothwell, ... 34

The Six Officers of State, .... 35

Conduct of Spens and Crichton during the

Regencies, ..... 35

Death of Spens, ..... 36

David Borthwick, Joint Advocate with Crichton, . 37

Death of Borthwick in 1581, ... 37

“Mr. David Borthwick’s Testament,” . . 37

Crichton becomes sole Advocate, ... 38

Act regulating Procedure in the Privy Coimcil, . 38

Death of Crichton, ..... 39

Family history of Crichton, ... 39

Isobel Borthwick, ..... 39

Crichton’s WiU, ..... 39

Career of his son, Robert Crichton, . . 40

THE PUBLIC PROSECUTOR.

Lawlessness of the Times, .... 42

David Macgill, King’s Advocate, ... 42

State of the Church, . . . . 43

CONTENTS. ix

PAOE

Macgill censured by the General Assemblj', . 44

Fall of the Lennox-Arran Administration, . 45

The Ruthven Raid Administration, . . 45

Meeting of Parliament in 1587, . . . 45

Legislation, ..... 45

State of the Criminal Law, ... 46

Money Compositions, .... 46

Effect on the Revenne, .... 47

Powers of the Advocate, . . . . .48

15S7. Is made Public Prosecutor, ... 49

The Depute Advocates, . . . . 51

Criminal Law Reforms of 1587, ... 51

Adjournments of Justice Courts forbidden, . 54

Prisoners to be defended by Counsel, . . 54

The Juries, ..... 55

Malicious accusations of Treason, . . . 57

“ Theft in landed men,” .... 58

“ Murder under Trust,” .... 58

The Advocate’s Informer, .... 59

Influence of the Public Prosecutor on Criminal

Jurisprudence, .... 60

Sir John Skene of Curriehill conjoined with

Famous as a Jurist, . . . . 60

His early Career, . . . . .61

Goes with an Embassy to Denmark, . . 61

Corrupt state of the Court of Session, . . 62

Macgill accused of taking Eribes, ... 62

Trials for Witchcraft, .... 63

Skene sent as Ambassador to the States-General, . 64

Law Commission of 1592, .... 64

Skene’s labours, ..... 64

Is appointed Lord Clerk Register, ... 65

The Begiam Majestatem, .... 65

Death of Skene in 1612, . . . . 67

William Hart, Joint Advocate with Macgill in 1594, 67

Death of Macgill, ..... 68

SIR THOMAS HAMILTON.

Early life of Hamilton, .... 69

State of the Scottish Revenue, ... 69

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