Heritable Jurisdictions

Heritable Jurisdictions, a remarkable class of jurisdictions held hereditarily from the crown in Scotland, and abolished in 1748. These jurisdictions amounted to upwards of a hundred in number, and consisted of sheriffships, stewartries, constabularies, but principally of regalities and bailiaries, with some offices of distinction. One of the more important was the office of Lord Justice-general and the lordship of Argyll and the Isles, both belonging to the family of Argyll. In virtue of their hereditary rights, the possessors of these jurisdictions exercised an arbitrary power over vassals and others within the limits of their domain, and could punish them by fines, scourging, imprisonment, and even in some cases put them to death, without interference of the common law. As repugnant to social policy, and more particularly with the view of extinguishing the authority of Highland chiefs over their clans, these heritable jurisdictions were abolished; the possessors receiving payment for the assumed value of their rights. Argyll alone received £21,000 as an indemnity, and altogether there was paid by government £152,037, 12s. 2d. The abolition of these odious jurisdictions being followed by the appointment of sheriffs on a proper footing, this great legislative act marks an important era in the history of Scotland. See the Duke of Argyll's Scotland as it was and as it is (1887).