Lord
High Constable of Scotland
Lord
High Constable of Scotland
The
following duties and privileges were attached to the office
of Lord High Constable of Scotland:-
I.
In early times he had precedence next to the Lord High Chancellor,
and before all other officers. It appears that this precedence
had been recognised and given to the Constable till the reign
of James VI., when, in 1601, he appointed Sir George Home
of Sprott Lord High Treasurer, and, in March, 1605 created
him Earl of Dunbar, and then ordered that the Treasurer, in
right of his office, should have precedence next to the Lord
Chancellor.
II.
In the royal army and expeditions the High Constable, in right
of his office, was Lieutenant-General and supreme officer
next to the King. He had command and direction of the army,
and was sole judge in all military affairs, and in actions
touching the captains, lieutenants and their officers and
companies during their employment in the King’s service.
III.
The Constable was supreme judge in all matters of riot, disorder,
bloodshed, and murder, committed within a circuit of four
miles of the King’s person, or of the Parliament and
Council representing the Royal authority in His Majesty’s
absence. The trial and punishment of persons committing such
crimes and offences came properly within the jurisdiction
of the courts of the Constable and his deputies; while the
magistrates and other judges of the city or burgh within the
limits of the circuit were obliged to rise and assist the
constable and his officers in apprehending such offenders
and criminals. The High Court of Constabulary continued to
hold its sittings until the Union, and its functions were
usually discharged by deputies. When Parliament was sitting,
the court often had many cases.
IV.
When Parliament was sitting the High Constable had the charge
of guarding the King’s person. The keeping of the Parliament
House was committed to him, and the keys of the House were
delivered to him. He also had the chief command of the guards
and men-at-arms attending upon the King’s person at
such times. In time of Parliament the High Constable rode
on the King’s right hand and carried a white baton in
token of command, and accordingly sat apart from the rest
of the nobility upon the King’s right hand, having the
honours lying before him.
V.
The High Constable presided at tournaments and passages-at-arms.
On such occasions he had the privilege of right to apartments
in the King’s palace. It appears also that he had a
right to all the materials of which the fences or "barrars"
were formed, within which the tourney was fought.
VI.
In early times the High Constable and his deputies had a right
to take custom, in name of fees, of all kinds of goods brought
to the markets for sale, wherever the Parliament or the Session
was sitting. But in 1456 an Act of Parliament was passed which
ordered that this should in future be discharged.
It
also appears that in some instances, there was a piece of
land attached to the office of High Constable in the royal
burghs, for a lodging to himself and his officers. In 1456
the Constable granted a lease of his land to Thomas Cuthbert,
a burgess of Inverness, who says—"I by my letters
oblige myself to an high and mighty lord, William, Earl of
Erroll and High Constable of Scotland: That for his constable
land given to me by charter in fee and heritage, I, my heirs
and assignees, shall find yearly to the said Lord William
and his heirs, a sufficient stable upon the said ground for
the number of twelve horses during the time of their residence
in the burgh of Inverness, together with six pennies Scots
yearly, if it be asked by the said lord or his heirs.
