Bonnie Scotland: Painted by Sutton Palmer; Described by A.R. Hope MoncrieffMoncrieff, A. R. Hope (Ascott Robert Hope)
History
Bonnie Scotland: Painted by Sutton Palmer; Described by A.R. Hope Moncrieff
Moncrieff, A. R. Hope (Ascott Robert Hope)
Scotland -- Description and travel
stumbling-block to Englishmen, and still more to inquiring foreigners
like Count Smalltork. Nothing is apter to perplex our Continental
neighbours than the irregularities of our constitution, the overlapping
of boundaries, the general want of such symmetrical and consistent
arrangement as recommends itself to the Latin or the well-drilled Teuton
mind. What a pitfall for the foreign student of our institutions lies in
the fact of a sheriff being an honorary dignitary in an English county,
an elected constable in an American one, but a paid and permanent judge
north of the Tweed! The shire reeves here were in feudal times
hereditary lieutenants of the Crown, who, as the baron handed over
judicial authority to his clerkly bailie, appointed legal
representatives, still entitled Sheriffs Depute, also known as Sheriffs
Principal, as they have come to be. These well-paid offices are prizes
of the bar, held by successful advocates in Edinburgh, who only in
special cases or by way of appeal are called to judgment. The everyday
work of minor justice, civil and criminal, is done by resident paid
officials, called Sheriffs Substitute, each, in his own district,
wearing a halo of authority as “the Sheriff,” usually an advocate who
has resigned the risks of practice to devote himself to this safer if
less ambitious career, as is the case with the French magistracy. There
are also Justices of the Peace, as in England, but these do not come so
much before the public.
It need hardly be said that such a professional judge, assisted in
important criminal cases by a jury, and checked in civil suits by right
of appeal to his principal, makes a clearer fountain of justice than the
Great Unpaid of an English Bench, who with the best intentions as to
fairness must often depend on their clerk for law. In some points of
procedure, too, the Scottish system sets a good example to the English.
Prosecutions are not left in private hands, but are conducted by a
public official. The Procurator-Fiscal is the Attorney-General of the
Sheriff’s Court, also performing the duties of Coroner without the
meddling of a jury or reporters, though in late years public inquests in
certain cases of death have been introduced into Scottish practice.
Petty offenders are disposed of by the Sheriff off-hand. More serious
charges he remits to the consideration of the Crown officers in
Edinburgh, who decide before what court the prisoner shall be tried. The
first step is his being brought to private audience of the Sheriff, who,
taking care that he do not prejudice his cause, invites him to tell his
story, often the only way of getting at the real facts. Another
practical arrangement is that of a “pleading diet,” at which criminals
with no defence have a chance of submitting to the law and being
sentenced with as little ado as may be.
Public-domain text, read in full here on John Shaqi.
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