The Scottish Parliament Before the Union of the CrownsRait, Robert S. (Robert Sangster)
History
The Scottish Parliament Before the Union of the Crowns
Rait, Robert S. (Robert Sangster)
Scotland. Parliament -- History
The history of the Judicial Committee has been often told, and
need not detain us long. We have already seen the first appointment
of a commission to undertake the judicial work of Parliament. From
1368 to 1532 this cumbrous method was maintained, although the
membership of the committee of the "Lords Auditors" was frequently
altered, and the acts of parliament contain many references to
their sitting. James I introduced a modification into the system.
In 1425 the lord chancellor and "sundry discreet persons" of
the Estates received power to "examine, conclude, and finally
determine" all complaints. In the next reign the judgment of these
"lords of session" was declared to be as decisive as that of
the Lords Auditors themselves. In 1503 the judicial work of the
King's Secret Council was organized and a co-ordinate court was
instituted, chosen by the king, and endowed with full powers, so
that there were three courts of justice to deal with the numberless
grievances of the lieges. The judicial system took its final shape
from France. In 1532 King James V proposed "to institute ane
college of cunning and wise men baith of spiritual and temporale
estate ... to sitt and decyde upon all actiounis civile." The
Estates thought this "wele consavit"; and accordingly the cunning
and wise men were created into a College of Justice, with a
president at its head. It was sanctioned by the Pope, and confirmed
by Parliament in 1540, when the Estates granted "to the President,
Vice-President, and the Senators power to make such acts, statutes,
and ordinances, as they shall think expedient for ordering of
process and hasty expedition of Justice." It then consisted of
a president, with seven spiritual and seven temporal lords of
session,[71] and, with slight modifications, the Court of Session
continues to decide all civil cases in Scotland. It represents the
Lords Auditors or the original committee of the Estates to which
judicial powers were entrusted, and not the judicial work of the
Secret Council. So strongly was it felt that the College of Justice
was a committee of Estates, that, at first, it did not sit during
the meeting of Parliament, which the Lords of Session were expected
to attend. Exceptions to the rule occur frequently, and as early as
1538. The High Court of Justiciary was instituted by James VI in
1587, to supersede the old jurisdiction of the justiciar, and was
remodelled in the reign of Charles II.
Public-domain text, read in full here on John Shaqi.
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