Lords of Session.
IF the Lords of Session have power to Judge Appellatione remota, seing they have the same power, which the Lords of Session had formerly? It is thought, that they have the same power Extensive as to the subject of their Jurisdiction; but not Intensive, as to the quality foresaid, if it be not exprest; being ex reservatis quae non transeunt nisi exprimantur: Seing Adaequatio, by the clause with the same power, is to be understood as to the ordinar power belonging to Judicatories and Incorporations qua talia; and not as to any Extraordinary Power and Priviledge: As if a Burgh should be Erected with the same priviledges belonging to any Burgh within the Kingdom, they will not have Right to be Sheriffs within themselves; by reason other Burghs have that Right, non qua Burga; but by a special priviledge: And some Lords of Regality do pretend to the Escheats of the Persons within their Regality upon Horning, and yet a Right of Regality by the general clause, will not cary the same.
If the Lords of Session be to be considered as Judges only, or Magi∣strates, & Praetores habentes Imperium in some cases?