College of Justice
Encyclopedia
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.
The constituent bodies of the supreme court
s of Scotland
are the Court of Session
, the High Court of Justiciary
, and the Accountant of Court's Office. Its associated bodies are the Faculty of Advocates
, the Society of Writers to Her Majesty's Signet and the Society of Solicitors in the Supreme Courts of Scotland
.
The College is headed by the Lord President of the Court of Session
, who also holds the title of Lord Justice General in relation to the High Court of Justiciary
, and judges of the Court of Session and High Court are titled Senators of the College of Justice.
The College was founded in 1532 by King James V
following a bull
issued by Pope Clement VII
on 15 September, which provided for 10,000 gold ducats to be contributed by the Scottish bishoprics
and monastic institutions
for the maintenance of its members, one half of whom would be members of the "eclastical dignity."
The Parliament of Scotland
passed an Act
on 17 May 1532 authorising the creation of the college with 14 members, half spiritual, half temporal, plus a president and the Lord Chancellor
. The college convened for the first time on 27 May 1532, in the royal presence.
Supplementing the 14 ordinary lords, who were called Senators, were an indefinite number of
supernumerary judges called extraordinary lords.
The founding members of the College of Justice were:
the Lord Chancellor, Gavin Dunbar, Archbishop of Glasgow
;
the Lord President, Alexander Myln, Abbot of Cambuskenneth
;
Richard Bothwell, Rector of Ashkirk
;
John Dingwell, Provost of Trinity College
;
Henry White, Rector of Finevin;
William Gibson, Dean of Restalrig
;
Thomas Hay, Dean of Dunbar
;
Robert Reid, Abbot of Kinloss
;
George Ker, Provost of Dunglass
;
Sir William Scott of Balweary;
Sir John Campbell of Lundy
;
Sir James Colville of Easter Wemyss;
Sir Adam Otterburn
of Auldhame and Redhall, King's Advocate;
Nicholas Crawford of Oxengangs;
Francis Bothwell of Edinburgh
(brother of Richard);
James Lawson of Edinburgh;
Sir James Foulis of Colinton
(He was added at the first meeting of the court when the king added him as a "Lord of the Session".
The College at its foundation dealt with underdeveloped civil
. Contrary to belief it never dispensed justice in criminal matters as that was an area of the law reserved to the King's justice, through the justiciars (hence the High Court of the Justiciairy) or the Barony Courts which existed at this time. There was little legal literature. Acts of the Parliament of Scotland
and the books of the Old Law as well as Civil
and Canon law
texts were about all to which the pursuer and defender could refer. It was only after the establishment of the court that this situation improved, with judges noting their decisions in books of practicks.
The Treaty of Union 1707 with England
preserved the Scottish Legal System. Article XIX provided "that the Court of Session or College of Justice do after the Union and notwithstanding thereof remain in all time coming within Scotland, and that the Court of Justiciary do also after the Union ... remain in all time coming."
The constituent bodies of the supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
s of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
are the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
, the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, and the Accountant of Court's Office. Its associated bodies are the Faculty of Advocates
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
, the Society of Writers to Her Majesty's Signet and the Society of Solicitors in the Supreme Courts of Scotland
Society of Solicitors in the Supreme Courts of Scotland
The Society of Solicitors in the Supreme Courts of Scotland is a professional association of solicitors in Scotland representing those lawyers who practice in and around the College of Justice...
.
The College is headed by the Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
, who also holds the title of Lord Justice General in relation to the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, and judges of the Court of Session and High Court are titled Senators of the College of Justice.
History
James V of Scotland
James V was King of Scots from 9 September 1513 until his death, which followed the Scottish defeat at the Battle of Solway Moss...
following a bull
Papal bull
A Papal bull is a particular type of letters patent or charter issued by a Pope of the Catholic Church. It is named after the bulla that was appended to the end in order to authenticate it....
issued by Pope Clement VII
Pope Clement VII
Clement VII , born Giulio di Giuliano de' Medici, was a cardinal from 1513 to 1523 and was Pope from 1523 to 1534.-Early life:...
on 15 September, which provided for 10,000 gold ducats to be contributed by the Scottish bishoprics
Christianity in Medieval Scotland
Christianity in Medieval Scotland pertains to the Christian religion in Scotland in the Middle Ages. Prior to the Reformation in the early modern period, Scotland was a Roman Catholic country.-Early Christianity:...
and monastic institutions
Abbeys and priories in Scotland
List of religious houses in Scotland is a link page to any abbey, priory, friary or other religious house in Scotland.-Abbreviations and Key:-Aberdeen:-Aberdeenshire:-Angus:-Argyll & Bute:-Dumfries and Galloway:...
for the maintenance of its members, one half of whom would be members of the "eclastical dignity."
The Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
passed an Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
on 17 May 1532 authorising the creation of the college with 14 members, half spiritual, half temporal, plus a president and the Lord Chancellor
Lord Chancellor of Scotland
The Lord Chancellor of Scotland was a Great Officer of State in pre-Union Scotland.Holders of the office are known from 1123 onwards, but its duties were occasionally performed by an official of lower status with the title of Keeper of the Great Seal...
. The college convened for the first time on 27 May 1532, in the royal presence.
Supplementing the 14 ordinary lords, who were called Senators, were an indefinite number of
supernumerary judges called extraordinary lords.
The founding members of the College of Justice were:
the Lord Chancellor, Gavin Dunbar, Archbishop of Glasgow
Archbishop of Glasgow
The Bishop of Glasgow, from 1492 Archbishop of Glasgow, was the ecclesiastical head of the Diocese of Glasgow and then, as Archbishop of Glasgow, the Archdiocese of Glasgow...
;
the Lord President, Alexander Myln, Abbot of Cambuskenneth
Cambuskenneth Abbey
Cambuskenneth Abbey is a ruined Augustinian monastery located on an area of land enclosed by a meander of the River Forth near Stirling in Scotland. The abbey is largely reduced to its foundations. The neighbouring modern village of Cambuskenneth is named after it.Cambuskenneth Abbey was founded...
;
Richard Bothwell, Rector of Ashkirk
Ashkirk
Ashkirk is a small village on the Ale Water, in the Scottish Borders area of Scotland. It is located in the former Selkirkshire, on the A7 road, approximately 6 miles each way between Selkirk to the north and Hawick to the south....
;
John Dingwell, Provost of Trinity College
Trinity College Kirk
Trinity College Kirk was a royal collegiate church in Edinburgh, Scotland. The kirk and its adjacent almshouse, Trinity Hospital, were founded in 1460 by Mary of Gueldres in memory of her husband, King James II...
;
Henry White, Rector of Finevin;
William Gibson, Dean of Restalrig
Restalrig
Restalrig is a suburb of Edinburgh, Scotland. It is located east of the city centre, west of the A199 road, and to the east of Lochend, with which it overlaps. Restalrig Road is the main route through the area, running from London Road at Jock's Lodge, to Leith Links at the south edge of...
;
Thomas Hay, Dean of Dunbar
Dunbar
Dunbar is a town in East Lothian on the southeast coast of Scotland, approximately 28 miles east of Edinburgh and 28 miles from the English Border at Berwick-upon-Tweed....
;
Robert Reid, Abbot of Kinloss
Kinloss
Kinloss is a village in Moray, Scotland. It is located near the shore of Findhorn Bay, around 3 miles from Findhorn and 2.5 miles from Forres. RAF Kinloss is located northeast of the village, and is transitioning to an Army barracks.The Cistercian Kinloss Abbey was created in 1150 by King David...
;
George Ker, Provost of Dunglass
Dunglass
Dunglass is a location in East Lothian, Scotland, lying east of the Lammermuir Hills on the North Sea coast. It has a 15th century Dunglass Collegiate Church, now in the care of Historic Scotland...
;
Sir William Scott of Balweary;
Sir John Campbell of Lundy
Lundy
Lundy is the largest island in the Bristol Channel, lying off the coast of Devon, England, approximately one third of the distance across the channel between England and Wales. It measures about at its widest. Lundy gives its name to a British sea area and is one of the islands of England.As of...
;
Sir James Colville of Easter Wemyss;
Sir Adam Otterburn
Adam Otterburn
Adam Otterburn of Auldhame and Reidhall was a Scottish lawyer and diplomat. He was king's advocate to James V of Scotland and secretary to Mary of Guise and Regent Arran.-Servant to James V:...
of Auldhame and Redhall, King's Advocate;
Nicholas Crawford of Oxengangs;
Francis Bothwell of Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
(brother of Richard);
James Lawson of Edinburgh;
Sir James Foulis of Colinton
Colinton
Colinton is a suburb of Edinburgh, Scotland situated 6 kilometres south west of the city centre. It is bordered by Dreghorn to the south and Craiglockhart to the north-east. To the north-west it extends to Lanark Road and to the south-west to the City Bypass...
(He was added at the first meeting of the court when the king added him as a "Lord of the Session".
The College at its foundation dealt with underdeveloped civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
. Contrary to belief it never dispensed justice in criminal matters as that was an area of the law reserved to the King's justice, through the justiciars (hence the High Court of the Justiciairy) or the Barony Courts which existed at this time. There was little legal literature. Acts of the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
and the books of the Old Law as well as Civil
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
and Canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
texts were about all to which the pursuer and defender could refer. It was only after the establishment of the court that this situation improved, with judges noting their decisions in books of practicks.
The Treaty of Union 1707 with England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
preserved the Scottish Legal System. Article XIX provided "that the Court of Session or College of Justice do after the Union and notwithstanding thereof remain in all time coming within Scotland, and that the Court of Justiciary do also after the Union ... remain in all time coming."
See also
- Senator of the College of JusticeSenator of the College of JusticeThe Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
- Historic List of Senators of the College of JusticeHistoric List of Senators of the College of JusticeA list of the Senators of the College of Justice in Scotland from 1689 to present.-Sources:*An Historical Account of the Senators of the College of Justice from its Institution in MDXXXII by George Brunton and David Haig, published by Thomas Clark MDCCCXXXII - for entries 1689 to 1850 only* - for...
- Extraordinary Lord of SessionExtraordinary Lord of SessionExtraordinary Lords of Session were lay members of the Court of Session in Scotland from 1532 to 1762.When the Court of Session was founded in 1532, it consisted of the Lord President, 14 Ordinary Lords and three or four Extraordinary Lords. The Extraordinary Lords were nominees of the King, not...
External links
- Supreme Courts at the National Archives of ScotlandNational Archives of ScotlandBased in Edinburgh, the National Archives of Scotland are the national archives of Scotland. The NAS claims to have one of the most varied collection of archives in Europe...