Scottish National Dictionary (1700–)
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First published 1965 (SND Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.
Quotation dates: 1700, 1773-1830, 1895-1927
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MAGISTRATE, n. Also †magistreet (Wgt. 1880 G. Fraser Lowland Lore 172). Sc. usages:
1. A title given to a provost or bailie of a burgh by virtue of the powers of criminal and civil jurisdiction conferred upon him similar to those of a justice of the peace. Hence magistracy, the office of magistrate.Gsw. 1700 Burgh Rec. Gsw. (20 Jan.) 295:
The said magistrates and towne cownsell of Dumbartowne doe denude themselves in favours of the said burgh of Glasgow of the dueties formerly payable.Sc. 1773 Erskine Institute i. iv. 21:
Magistrates of boroughs, though not royal, have the cognisance of debts, and questions of possession between the inhabitants . . . The magistrates of some boroughs are by their charter constituted justices of the peace within the bounds of their erection, in which case they have also a cumulative jurisdiction with the county justices.Sc. 1818 Scott Rob Roy xxix.:
I am a free burgess and a magistrate o' Glasgow; Nicol Jarvie is my name, sae was my father's afore me — I am a bailie, be praised for the honour.Ayr. 1822 Galt Provost ii.:
Every body kens, and I ken too, that ye're ettling at the magistracy. It's as plain as a pikestaff, gudeman, and I'll no let ye rest if ye dinna mak me a bailie's wife or a' be done.Sc. 1830 W. Chambers Bk. of Scotland 69:
The number of magistrates varies in different towns. In some places there are four bailies, and no provost. In others there is a provost, with two or more bailies.Sc. 1904 A. M. Anderson Crim. Law Scot. 227:
Magistrates are bound to attend the Lords of Justiciary during their circuits in the respective cities of the magistrates.Sc. 1927 Gloag & Henderson Intro. Law Scot. 16:
The magistrates of a burgh have, under the Burgh Police Acts, 1892 and 1903, under local and personal acts, and, in the case of royal burghs, at common law, a civil and criminal jurisdiction analogous to that of the justice of the peace.
2. A red herring (Sc. 1903 E.D.D.; Rnf. 1962), shortened form of Glasgow magistrate s.v. Glesca, 3. (11).Rnf. 1895 J. Nicholson Kilwuddie 119:
Ham's unco dear, sae, if ye like, we's hae a “magistrate”.
