Manuscripta juridica

Ius proprium Scotiae - College of Justice: institution 1532-1534 .

[{i}Text:{/i}] Befor the institutione of the Colledge of Justice, maid be King James 5 of blised memorie, anno 1532, confirmed be the pope 1534 and ratified in Parliament 17 May 1537, King James 1 of bleised memorie with consent of the Estaits of Parliament ordained that thair should be maid officers and minesters of the law throwout all the realme that may or can hold the law to the kings commons, and such as hes sufficiently of thair awin, quhairthrow they may be punisched if they trespase. King Ja., Parl. 1, cap. 16.

Theirafter the same king with consent of his parliament hes ordained that his chancellor and with him certaine discreit persons of the thrie estaits to be choysen and deput be our soverane Lord King shall sitt fra tyme to tyme, thrie tymes in the yeir quhilk the king lykes to command them, quho shall know and examine, conclude and finallie determine in all complaints, causes, quarrells that may be determined befor the king and his Counsell: King J., Parl. 3, cap. 63. Lyk as it was ordained that judges should be svorne to determine all causs after ther comming: King J., Parl. 6, cap. 83, at Perth 1 Julli 1428.

The Lords of Session appoynted to decyde in certaine speciall actions, and how to proceid, quhilk nether did concerne fieu or heritadge: Ja. 2, Parl. 14 cap. 63 at Pearth, 6 Merch 1457. King J. 4 did choyse a Counsell to indurr to the nixt Parliament: Parl. 2, cap. 12, 16 Februarii 1489.

Thairafter it was statute and concluded that thair should be ane Counsell choysen be the king, quhilk should sitt continuvalie in Edinburgh or quhair the king makes residence or quhair it pleases him, to decyde all maner of summonds in civill causes or complaints. Shall have the samen power as the Lords of Sessione: Ja. 4, Parl. 5, cap. 58, Merch 11, 1503.

King J. 5 of eternall memorie, most desyrious to have a permenant ordor of justice, did institute ane Colledge of cuning and wyse men, both of the spirituall and temporall Estaits for doeing and administration of justice in all civill actions. And thairfor did choyse 14, halff spirituall half temporall, with a pesident: Ja. 5, Parl. (anno) 36. The plaice to sit in Edinburgh the feriot tyme, cap. 37. Quhilk tyme of vacance haith bein sundrie tymes altred be the Lords and approvine be his majestie, lyk as the said Lords upon ocatione of pestilence did ryse, ather without advyse or consent of the Privie Counsell. The Lords then choysen and present was svorne to minester justice equallie to all persones: cap. 38. This nominatione was given in be ane artickle to the Parliament, who did ratifie and approve the samen, declairing the proces and decreit to be givin out be the said Lords of the same strenth, force and effect as the decreits of the Lords of Session, and in all tyme bygane: cap. 39. Lyk as the Chancellor wes to have vote as principall of the Counsell togidder with four of the P(r)rivat Counsell as the king pleases to nominat: cap. 40

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No. of pages: Pag. 1-2