Manuscripta juridica

Ius proprium Scotiae - College of Justice : comportment of Senators

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No. of pages: Pag. 3-5

Rubric: Certane acts and statuts concerning the Lords.

[{i}Some general rules:{/i}] That non of the Lords of Sessione, ather by themsellffs, wyffes of servands, take ane bude or brybe, under the paine of confiscation of all thair moveable goods, the ane halff to pertaine to the king and the uther to the dilator, and to be depryved and declaired infamous, and to be punished in his persone at the kings will.

That no Lord be ane amicable judge ... That non of the Lords subscryve any questions ... The Lords ar only judges to all infeftments or gifts granted or confirmed in Parliament.

[{i}Election of the President of the Court:{/i}].

The Lords hes end(?) power to choyse thair awin President in this maner: if any be recomendit by the king or if any uther shall sute the plaice, that persone (with the?) first in plaice is removed and choysen be pluralitie of voyces. And in absence of the Chancellor or President, the Lord Hepdomadar who goes to the Utter Hous doeth present the samen to the haill Lords, quho doeth after the woyces and appoynt, and who nevertheles doeth keip his awin plaice.

[{i}Regular hours of court sittings, and how to keep the Register of Sederunt:{/i}].

The Lords doe meit at 9 hours and stay till 12, and the teime(?) of ef(faires?) causes ringe a bell at 9 hours befor quhich they conveine, and the bell being endit, the Chancellor and (in) his absence the President doeth close the Sederunt. And if any come thairefter, he hes no pairt of thair dayes fie. Nether may any of the Lords depairt befor 12 hours, without leive of the Chancellor.

This Book of Sederunt is a book containing the haill acts and statuts maid by the Lords, thair admissions and clerks, or quhat els is done in thair presence not by ordinarie way of promise [={i}probably misread 'proces'{/i}], and quhat els his majestie sies fitting to be insert in quhich book. The clerks doeth everie day of meitting imediatlie after 9 hours, writts the names of the haill Lords present, beginning with 'Sederunt', day, sessions, and also thair names ar writtin doun. And thairefter it is called 'The Book of Sederunt'. And according to the Lords who wa(s) all absent ar knowen, who getts nether fie nor sentance silver, but is equallie devydit amongst the present Lords.

[{i}About court sittings in the early morning, and procedure in the Outer House, and the keeping of Minute Books:{/i}] Somtyme upon ocasione of multitude of actiones at the end of everie sessione they doe meit at 7 hours, and the advocats also, and for discusing of suspentions of taxations, quhairof they ar end(?) judges.

And uther occasions, they appoynt meittings in the afternoone. Heaveing mett, the Lord Reporter doeth go to the Utter Hous, quhair all the advocats ar conteined. Their is a table at quhich the clerks and thair servants sitts. The Lords, who sitts a stage hier. Then the clerks, who calls actions by the names of the pairties. And the advocates, heiring thair clients names, doe compeir and ar marked by a clerk or his servant upon the sumonds - some for the persewar and some for the defendar.

And being redelyvered to the pairtie producer, the sumonds with his title or right quhairupon he grounds his persuit, and writts pertaining thairunto, ar sent to the defendars advocat, quhair(?) 48 hours ar allotted for ther sight, or in matters of importance 8 dayes. And if thair be many defendars, they ar appoynted to sie in the eldest advocat his hous, if thair defences be nocht severall and nocht (cumni)cable to uther. After quhich tyme they ar redelivered, and being called by the Lord sitting in the Utter Hous. And the advocats heard, and a minot, of the quhilk was said, writtin be the clerk or his servant.

Iff any deficultie aryse, then he [={i}the Lord in the Outer House{/i}] proceids no further, but declairs quhilk(?) [{i}= which question of unclear law{/i}] he will give ane ansser. And the names of the parties (are) set doune in a book by ane, appoynted for that effect, with this word: 'avisandum'. Quhich book is called 'The Minot Book'. The Lord Reporter then [{i}reports to the Lords in the Inner House{/i}]. The Lords, heaving hard the report, it is disput pro et contra. Therefter the Chancellor and in his absence the President askes if any man will reason any more. All being silent, the Chancellor doeth begine, or the President, and then severallie as they sit at the ryght hand - quhich is called 'the spirituall syde' [{i}because all senators sitting on that side were clergymen{/i}], and then at the left hand. Whos woyces ar all marked by the clerk of the process. And then the question is determined be the pluralitie of voyces and accordinglie the matters endit. Quhair if they be equall, then the Chancellor doeth voyce, who haith no voyce except the voyces be equall. And this so determined is called ane 'Interloquitor'.

Quhich, imediatly as the Reporter hes endit, he goes bak to the Utter Hous and, calling the samen (advocates) over againe, he doeth pronunce the interloquitor. Then proceids if thair be any more to say, but more of calling and proceiding, both in the Utter Hous and Inner Hous heirefter.

[{i}Other general rules:{/i}] It is not laufull to any of the Lords or members of the Colledge of Justice to buy any pley depending, under the paine of deprivatione. Nether may any of the Lords speak to any pairtie or procurator at the (Hall?), except the Chancellor or Presedent w(il) speak with any persone, except it be shawin publicly by a maisser in presence of all the Lords and leive given by the Chancellor or President, under the paine of deprivatione. Non but the Ordinarie or Reporter may call or report any thing. Non may goe to the Utter Hous without leive of the Chancellor or President.

The Lord in the Utter Hous aught not to be called to the Inner Hous to vote in any action, except thair be not 8 with the Chancellor or President [{i}because a quorum of eight was needed for decisions{/i}].

The Lord upon the Bills not to be urged to vote, except quhair the mater is deficient [{i}= if there were no quorum without him{/i}]. Nether may any of the Lords be judge in any cause of his fathers, brothers or sones. No judge may possess any inferiour plaice of judicatiorie, under the paine of deprivatione. Whosoever doeth hurt any judge siting in judgment shall inccure the paine of death. Whosoever doeth strick another in the Toulbuith quhen the Lords ar sitting, inccures the paine of death.

That all acts and statuts maid be the Lords for administratione of justice be insert in the Book of Sederunt and read unto the Lords the first day of their dounsiting. At the quhich tyme the haill Lords should give thair oathes to the Chancelor for observing the statuts