REASONS Why the Commissariot-Courts ought to be Abolished.  
COmmissariot Courts were at fi●st introduced in the time of Popery, to suppor that Usurped Jurisdict●on, which the Pope and his Clergy were pretending to in civil Affairs, and as at that time, Knowledge and Conscience was thought, only to have been lodged within the breasts of the Clergy, so thereby they enhanced to themselves the Cognition of all Causes, that had any relation to Conscience, let it be never so remote, and seing that now the World is disabused, and neither the Church pretends to any civil Jurisdiction, nor the Clergy to be the only men of Knowledge and Conscience, that Jurisdiction and Cognition which was taken from the several civil Judicatures, and given to the Bishops and their Officials; ought to be restored to them, since that other Judges are known, to be men of no less Conscience and Knowledge than they.  
2. Though that since the Reformation, Commissariot Courts has been continued, partly thorough the Influence and Interest that the Bishops had, who did likewise Asp●re to some kind of civil Jurisdiction, and partly thorough the Interests that the Commissars themselves and their Relations had, as also out of some Prospect, that the saids Courts might be an Ease and advantageous to the lieges, they containing themselves within their just Bounds and Limits, yet all the Methods used hitherto for that purpose, has proved altogether ineffe●●tual, and notwithstanding of all the Regulations anent them, they have hitherto proven an unsupportable burden to the lieges, and have observed none of them.  
They have hitherto taken Cognition of all Causes of whatsoever kind and nature, be the Sums great or small, they are in use to sustain themselves Judges to Services, Cognitions of all kinds, yea to pronunce Decreets of Poynding of the Ground, and never decline themseles, though that the Probation do proceed only upon Writ, and the Matter concern only heritable Rights, yea though there be Competition of Rights, they still decide and also determine.  
Though that this present current Parliament did take away the necessity of Confirmations, by which Artifice, they did grinned the faces of the Poor, yet because that general Assignations, are still to be Confirmed under that Pretence, they do as much exact from, and oppress the lieges as ever.  
They are likewise in custom to grant to the lieges Licences to pursue, but these Licences at the granting, are so qualified, that they are to be extended to no Actions, but such as are prosecute before themselves, whereby they constitute a kind of Thirlage to themselves, and the lieges are restricted to their own Judicatures.  
As the Commissariot Courts has hitherto been a burden upon the Nation, and by the Meeting of Estates reckoned among the Grievances, which are to be Redressed, and were in effect made up, by encroaching upon the other several Judicatures of the Kingdom, on purpose to support the Usurped Jurisdiction of the Clergy, so there seems no necessity at all for then Continu●nce, ●●●ther proper Province was only to Judge and Decide in Causes concerning Benef●●●s, Te●n●s, Confirmat●ons of Testaments, Causes Testamentar, Scandal, and other Matters whe●● t● the O●th of Pa●ty is required, providing the same do not ●●●eed fou●●y Po●●●i ●●rts comform as they are set down in the Instructions given to the Comm●ssa●s, by K. Charles 2. anno 1666, all which can be better performe●, o greater Ease and Advantage to the lieges, by other Judges than the Commissa●s.  
F●● as to the Tithes, there is no part of our Law that is more Intricat, and any thing relating thereto, ought either to be determined by the Commission of P●●●iament, fo● Plantation of Kirks and Valuation of Teinds, or if the question ●●●●ent the Competition of Rights to the Tithes, the same ought to be determined by the Lords of Session, Privative of all other Judges, because that that part of our Law as said is, is the most intricate, the most obscure, and often times consisting in apicibus juris, and therefore only proper to be cognosced by them.  
As to ●he Confirmation of T●staments, and Causes Test●mentar by this present current Parliament, the necessity of Confirmations is already taken away, and why that Sheriffs and other Judges may not be as capable to cause the party make Inventar of the Defuncts Goods, and find Caution in case of general Assignations, as well as they do in Curatories: It cannot be understood. And certainly, as it is as great security, so it would be an extraordinary Ease to the lieges, if they could Apply to the nearest Judge for that Effect: and not to be Obliged to travail a great way, and to be at grat Charges and Epences in applying to the Commissaries, and attending to the Commissariot Court.  
And as to Matters of Scandal, it is unreasonable that the Commissaries should be only Judges thereto; for this belongs properly to the Churh-judicatorie: and who have their respective magistrates within their Bounds, to Concur with them, and interpose their Authority therein, and cause their Sentences be put in Execution. As also by Act of Parliament, the Justices of Peace are Judges competent to Scandal, and for these 〈◇〉 no necessity of continuing the Commissar Court for that purpose.  
As to matters within forty pounds Scots, which be referred to Oath of Party, it is humbly conceived, there is not a Magistrat nor Judge in Scotland, but is capable to administer an Oath, especially in rebus levibus, not exceeding forty pounds Scots, as hiterto they have been; so that there is not the least ground of continuing the Commissariots for that purpose.  
And now there remains only Divorces and Nullities of Marriage, as to which, most unjustly and unreasonably, the Commissars has been hitherto Judg●s Privative; For these matters ●●e not only of great consequence and import, but if we either reckon the varieties of Cases and Circumstances, by different Laws and Constitutions of most Nati●●s of the World, the difference of Opinions of both overpowers and Divines, anent these matters, and the great number of Volumes that is written thereupon, the many subtleties and Intricacies therein contained, it may be justly thought, that the most qualified Judges, and the greatest Lawer● are hardly sufficient to Determine these matters, and consequently, the Lor●s of Session ought to be the only Judges Privative thereto, or that the same may be remit to an Assembly of Divines, who ought to be well Versed in such Questions, as it was at the beginning of our Reformation.