At Holyrudehouse the tuentie and third day of May Jaj vjc nynty and fyve years
A1695/5/14
A1695/5/141
Order
Anent the Articles of regulatione of the Sessions
Sic suprascribitur William Rex Our soveraigne Lord haveing considered the following articles of regulatione concerning the Sessione, approves and ordaines the same to be put to have executione and to have full force strenth and effect conforme to the late act of parliament made theranent and ordaines the same together with this approbatione both superscrived with his royall hand to be recorded in the books of secret councill and sessione and thereafter published and printed that none pretend ignorance given at the Court at Kensingtoune the tuentie nynth day of Apryll and of his majesties Reigne the seventh year by his Majesties command sic subscribitur J Johnstoune sic suprascribitur William Rex Articles of Regulatione concerning the Sessione The Comissioners appoynted by his majestie with the advyse and consent of the estates of parliament for regulatione of Judicatories in discharge of the trust committed to them and after Long and mature deliberatione Doe in the first place for the effectuall preventing and restraining of abuses and exorbitant exactiones in the sessione and for the more speedie easie and sure administratione of Justice by the Lords thereof humbly offered to his Majesties approbatione the acts, ordors and constitutiones following primo That in the extracting of acts or decreets whatever sheets are repeated out of former acts already extracted and payed for in the same proces shall in the act or decreet quherin they are repeated be only payed for as Coppies at the pryce of eight shilling scots per sheet and noe more to be given to the Coppier and that the quota of lynes or quantity of wryteing of these sheets be at least als many lynes and as much wryting in each sheet as was determined by the former act of Regulatione and that whatever new Sheets shall be added in the posterior act or in the decreet shall pay each sheet as ane new sheet conforme to the former regulatione and that a broken sheet if any be, be payed for as a whole sheet secundo Item for each bill presented in the inner house there shall be only payed for presenting fiftie eight shilling scots and for presenting the wryten answers made to the same als much and that in this manner viz That the said payments be first payed in by the parties to the Collector aftermentioned and by him marked upon the said bill and Answers before they be presented to the Lords tertio Item That where bills and answers are inserted in acts or decreets every bill and every answere be reckoned in ordor to payment a sheet, and that for the same so reckoned Ther shall be only payed fourteen pence for the bill and als much for the answers though either the bill or answers may be shorter or longer then a sheet and that this pryce thus regulate for preventing the trouble of compting be in the place of the three pound scots in use to be payed for the sheets of decreets or acts The rest of the sheets alwayes payeing as above Fourthly Item That all the Clerks both of the Inner house and outter house be put under pay by yearly Cellaries or fees and most strictly discharged of all other takeings whatsoever under the paine of deprivatione and the sum of one years sellarie besyde and that the Cognitione and tryall of ther observance hereof be by the Lords of Sessione at the instance of any who shall complaine And farder in case any party in any proces shall think fitt to complaine of the Clerk for undue takeing The Lords shall receve the complaint summarly and Call both the Clerk and partie or persone alleadged to have given and first make the said partie or persone declair in wryting under his hand whether he hath given or not or what he hath given and then take tryall of the matter by oath of the Clerk Complaned theron or by any other method of tryall the Lords shall think just.2 Item That all the said Clerks give their oathes at their admissione and renew the same againe the beginning of every sessione That they shall observe this Regulatione and that this oath be conceived in the formula following I. A. B doe by this my great and solemne oath in the presence of the Almighty God Promise and swear That in my office of Clerk or for the discharge thereof in any part I shall not either by myself or by any other persone or way qhatsomever take from any partie or persone whatsomever either money or good deed bond promise of money or good deed directly or indirectly in any sort over and above the yearlie sallarie and fee allowed to me for my said office and that I shall content myself with the said sallarie and hold myself honestlie and strictly to the same so help me God sexthly Item that the said sallaries be as follows viz for the principall Clerks or Clerks of the Inner house to each of them four thousand merks scots yearly and to the under Clerks or Clerks of the outter house to each of them fyfteen Hundred merks yearlie to be payed out of the dues of their whole offices by the Collector aftermentioned But if any year the said dues shall happen not to extend so farr That then the dues collected shall be divyded amongst them proportionally, The Collectors fee alwayes included in maner aftermentioned and with this provisione That the preceeding intakes shall be made up and payed out of the first of the excresce of the succeeding year and the superplus of the said dues after compleating of the said payments shall be disposed of by the Lords of Sessione in this manner viz In the first place for repaireing of such of the Clerks who have lately bought their places at dear rates which are not yet sufficientlie compensed and therafter for such other uses concerneing the good of the Colledge of Justice as the said Lords shall think fitt seventhly Item That Extractors have the allowance of fourteen shilling scots per sheet of all acts and decreets and noe more and that this fourteen pence be payed in by the leidges to the Collector aftermentioned over and above and together with the three pound scots to be payed for ilk sheet as formerlie and that the Collector give the said fourteens back to the said extractors quarterlie to each of them as they shall instruct their share and interest in the same by their minut book or other sufficient documents Eighthly That nothing be payed by way of drink money or otherwayes either to the Clerks whether principall or under clerks or to their servants or dependers either for calling summonds or acts or for coppies of suspensions interloquitors or minuts or giving in or getting out of papers or getting up or giveing back processes or for any other cause except what is above allowed and is to be payed in to the Collector abovementioned nynthly That there be a Collector nominat and Choisen by the Lords for collecting ingathering and keeping all the dues and payments above allowed and that he have ane yearlie sallarie of eighteen hundred merks scots to be payed out of the same fond with the Clerks and who shall bear a proportionall deduction with them in case of Shortcomeing and have the said shortcomeing or intake supplyed in the same maner with them ut supra and that at his admissione and at the beginning of every sessione he take the same oath prescribed to the Clerks mutatis mutandis and that He find sufficient Cautione for the discharge of his office and that he marke and signe the payments made as above appoynted upon every act, decreet or other wryte that are to pass his Hands and that the said wryts make noe faith3 unless by him marked as said is. and to the effect the Clerks may have a sufficient Check upon the Collector That the Collector signe their minute book once every week at such a tyme as he and they shall agree tenthly That for Hereafter in admitting clerks of the sessione whether for the inner or outter house The Lords of sessione observe the following rule viz That they admitt noe persone to be a Clerk in the inner house unless He be ane advocat or wryter to the signet and hes served as such three years before and next That they take strict tryall of the abilitie and Integrity of all Clerks they shall admitt for performeing their respective offices and that every Clerk of the Innerhouse shall at his admissione make faith and purge himself by his great oath That He hath not given or promised directly or indirectly for procureing or obtaining his said office and place more then four thousand merks or ane years sallarie and that the Clerks of the outter house make faith and purge themselves in lyke maner That they have not given nor promised directlie nor indirectly for procureing and obtaining their said office and place more then one thousand pound scots or ane years sallarie thereof Elevently Item That to prevent all slackness in the Clerks in discharge of their offices The Lords take course that the leidges be by them dilligently and faithfully served under such rules and certificationes as they shall think fitt meet. Twelthly That the Registers immediatlie under the Clerk Register keeping in the Louer parliament house or anywhere else be patent to all the leidges without any payment or other acknowledgement of that sort to be made to any for sight of the minut book and that for searching in the said Registers there be only payed a rex dollar to the Registers servant, And that for the extracts to be taken out of the same there be payed as followeth of any wryt past and registrat since the year Jaj vjc and sexty the double of the extracts of decreets given out by the Clerks of sessione which makes sex pound scots for each sheet and this sex pounds to be for both wryting and signeing, and of any wryte registrat before the year Jaj vjc sexty the triple which makes nyne pounds scots for each sheet wryting and signeing ut supra Item That there be only payed to the Register for any petitione given in to be presented in parliament tuentie merks scots and for the first extracts of acts and decreets of parliament in favors of private persones ane Hundred merks scots and for the second extract thereof tuentie merks money forsaid and that there be nothing more payed for the said petition or extracts under the name of drinkmoney or upon any other pretence to any other persone whatsoever and that the Register exact noe more in tyme comeing for his signe and subscriptione nor a merk scots as was before the year Jaj vjc eightie and sex and that if the Register or his servants transgress in the premisses The Register shall be tryed and censured by the Lords of sessione and his servants shall be in lyke maner tryed by them and shall be censureable by fyneing imprisonment or otherwayes as the Lords shall see Cause Tretteenthly That the syde bar commonly so called in the outter house be wholly taken away That is to say That noe Lord of the Sessione be for hereafter allowed to call any cause there except only that the ordinary on the bills may goe there to his wonted place and statione and call and hear parties in ordor to the passing or refuiseing of bills according to the Custome before observed and that it be farder declared That if any of the said Lords shall goe and call Causes at the syde bar hereby discharged neither the parties nor their Advocats nor the Clerks shall be oblidged to answere or attend nor shall their not answering or not attending be prejudiciall to them in any sort Item that to supply any good use that the foresaid syde barr might have served for That for hereafter the Lord Ordinary in the outterhouse shall have and make use of his sitting and tyme on the bench in the outterhouse everie saturday forenoone dureing the sessione for Calling such causes as haveing been called by him in ordor of the Rolls on the preceeding dayes of that week and not put to any periode were formerlie in use to have been called againe by him at the syde bar and for that end That noe acts be called on the said saturday untill the Lord ordinary goe through the said causes to be called againe as said is And that the ordinary take care on the preceeding dayes of the weeke the Clerks may have sufficient tyme to call their acts if the find the said calling prejudged by the foresaid appoyntment of the saturday in lue of the Syde barr Fourteenthly that to shorten proceses acts and decreets The Lord ordinary that heares the Cause and is to report the same take in the minuits from the Clerk after they are showen to both parties and that if needfull hereforme the same and thereupon report the Cause notwithstanding of anything in the contrarie contained in the late act of parliament anent advocats their subscryveing the minuts of debate and that the minuits so signed by the ordinar be patent to the parties in the Clerks Hands Fyfthteinthly That causes called in presence and appoynted by a particular delyvrance to be heared on a certaine day be permptorly called that day according to the ordor and date of the said delyverance and that a roll of them be made for that end and that the Cause so ordered shall have the same right to be called at its day as Causes inrolled in the books of inrolment whose ordor the Lords cannot alter and that noe Causes be by the ordinary Roll that day untill the cause thereto remitted be heared and discussed sexthteenthly That all poynts that the Lords upon reports or bills shall think fitt to hear in presence be either immediatly called and debated as to that poynt or otherwayes be inrolled in the Roll of Causes in the Outter House according to the date of the Lords delyverance and that for that end the parties procurators who demand a hearing be alwayes readie to debate seventhteently That acts and decreets against more debitors then one may be extracted in parts relateing particularly to any of the defenders as if they had proceeded upon a single lybell and that acts and decreets upon competitione of rights may be extracted in parts each partie extracting the decreet of his preference to others with the grounds thereof so that the partie postponed needs not extract the debate anent his being postponed But only cause relate in general That such rights are preferred to him as […] If there be fyve competitors The partie preferred in the first place needs extract noe more but the productione of all their interests with the ground of his preferrence to the other foure and He that is preferred in the second place needs not extract the grounds and debate qherupon the first is preferred to him but only after a simple narrative That the first was preferred deduceing the grounds and debate qherupon he is preferred to the last three without inserting the ground of debate betwixt the three that are postponed to him and so for the rest of the Competitors and that How soone any competitor is preferred He may extract his preferrence at his pleasure in maner abovementiond albeit the Competitione to the rest be not determined Eighteenthly That in tyme comeing decreets in foro be not reduced and laid open upon nullities farder then ad hunc effectum To hear the pairties anent Redressing his prejudice by that nullity and that it be declared that the rest of the interloquitors in the foresaid decreet doe stand tanquum res hactenus judicata. Nynthtenthly That in all Concluded Causes when the Lord appoynted to prepare the same for advyseing doth adyvse the said Causes The advocate for the parties are either to object at the prepareing what they have to say against the report to be made or to make their said objections within at most fourteen dayes therafter, which objectiones with the answers thereto shall be considered by the said ordinary and shall be subjected to the report and in case this be neglected The partie neglecting shall not be heard at the advyseing untill He consigne ane amand of fyve dollors and that noe objectione be made at the advyseing against the act but against the report as to the poynts proven or not proven Tuentie That there be noe decreet of certificatione upon summonds of reductione and improbatione or of simple improbatione in absence unless the Cause be first called in the ordinary maner before the Lord in the outterhouse and that the said Lord doe then appoynt it to be inrolled according to the date of it’s calling and if when the said summonds comes to be called in its Course, The said decreet of certificatione shall still happen to be given in absence then it shall remaine unextracted for the space of four weeks at least thereafter.214 That in the case of other decreets in absence after calling of the summonds by the Clerk in the outter house in the ordinary maner The cause be inrolled in the beginning of the next weeks roll and inrolled accordingly and at the next calling in it’s course either decreet be given in absence or if the defender compear That he be admitted to see and answere and that the Cause be again inrolled and proceeded in therafter in the ordinary manner Tuenty second That in all Causes where probatione is admitted and made by wryte or witnesses The Lord ordinary for concluded Causes who prepares the same for Reporting may consider the said probatione and if he find it clear that He mark it to be so and that in that Case The probatione and Cause be advysed summarly without ordor of the Roll tuentie third That for remeeding of the abuse of the multiplying of bills and of their superfluous lenth The Lords shall upon occasione as the find any bill to be groundless or in its length superfluous and letigious fyne the Advocat subscryver and partie in such a pecuniary mulct to be instantly payed as they shall judge reasonable And farder that in all Causes where the Lords at the Conclusione thereof shall find the succumber to have been Calumnious or litigious They shall take in ane accompt from the pairtie prevailling upon his oath of the expences and damnage he hath been put to in that proces and that then they decerne or in case of extravagancie Tax and modifie the said expences and damnages to be payed by the succumber to the pairtie prevailling as said is and this be more squarely and largely done in tyme comeing for the better preventing of calumnious and letigious pleas and debates Tuentie fourth That in place of the allowance formerly in place of adjudications or appryseings There be only for hereafter a short abbreviat made of the decreet of adjudicatione after the maner of the said allowance, there be only for hereafter a short abbreviat made of the decreet of adjudicatione after the maner of the said allowance and that this abbreviat be at the pronounceing of the said decreet signed by the Lord Pronouncer thereof and given in to he recorded three scoir dayes after the pronounceing of the said decreet conforme to the act of parliament anent recording appryseings and that the recorder for remeeding thereof take noe more then fourtie shilling scots whatever be the sums of money or Lands contained in the said decreet of adjudicatione or whatever may be the lenth thereof and that the persone ingiver of the said abbreviat his name be marked and he signe to it as is appoynted at the Register of seasines and that the recorder of the said abbreviat doe lykewise mark imediatly after recording thereof whether the decreet whereof it is the abbreviat be then extracted or not and in Case the recorder of the said abbreviats shall not record the same duely as said is but shall happen to take in any abbreviate after the said threescoir dayes that he be therafter upon tryall deprived by the Lords of Sessione Tuentyfyfth That for the cutting off of groundless and expensive pleas and proceses in tyme comeing The Lords of sessione sustaine noe reductione of any decreet arbitrall that shall be pronounced hereafter upon a subscrived submissione at the instance of any of the parties submitters upon any cause or reasone whatsoever unless that of Corruptione bribrie or falshood to be alledged against the Judges arbtrators who pronounced the same Tuentiesexth That in all actiones of sale of Bankrupts lands upon the late acts of parliament either depending or to be hereafter raised The ranking of the Creditors and others concerned shall proceed and first be concluded by decreet at the least to the availl of the pryce of the Lands found and stated by the Lords of Sessione before the said Lands be exposed to roupe and sale tuenty seventh That in the case where a matter brought before the Councill Is by them remitted to the Sessione to be there summarly discusst, The same shall not be brought in before the said Lords of Sessione to be debated and discust in the forenoone to hinder the ordinary Course of the roll and to the prejudice of the Leidges therein concerned but shall only if the Lords think fitt be brought in to be debate and discussed as said is in such ane afternoone as they shall appoynt tuentie Eight That to evite the Confusione and abuses that ofttymes happen in actions against Debitors where a multitude of debitors are called for hereafter in any actione to be intended before the Lords of Sessione against Debitors there be not above sex defenders called in the same sumonds tuentie nynth That notwithstanding of the regulatione formerlie made of Advocats fees in the act of parliament Jaj vjc seventy and two years yet to the effect the said Regulatione may be better observed in tyme comeing That the said fees may be regulate according to the quality of the persons who shall imploy them in maner following viz That for ane Consultatione as is therein defyn’d a nobleman shall not give more to an Advocat then nyne dollars or two guineas at most That a Barron or Knight shall not give more then seven dollors or ane guinea and ane half at most, That any other Gentleman or Cheiff Burges shall not give more then four dollars or ane guinea at most and that all the rest of5 the leidges or any other persone shall not give more than three dollars at most and farder that there shal not be above three Advocats called to the Consulting the drawing of the informatione after dispute to the Lords and that to the Advocat that draws the same (of these three) may be given a full fee according to the foresaid Regulatione and to the other Two the half therof and noe more Trettieth That in all proceses before the Sessione it shall be Lawfull to any of the parties in any stop of the proces to object against the other That He either by himself or some other for him hath given or promised to one or other of his Advocats or to some other persone directly or indirectly for the Advocats behoove more then is allowed by the foresaid regulatione And in this Case if the partie Confess or be Holden as Confest Then He shall be imediatlie fyned by the said Lords in ane thousand pound scots whereof one thousand merks to be peyed to the partie objecter and fyve hundred merks to the poor’s box and that Letters on a simple Charge of sex dayes and other executorialls necessary be direct for payment thereof and farder if the discovered to be guilty as said is shall happen to be the pursuer Then the proces shall stop untill the foresaid fyne be payed as said is without prejudice of the foresaid executione for the same And in case the Advocat alleadged to have received more then the said Regulatione shall not after the givers6 confessing or being holden as confest Purge himself by his oath in the tearmes above set doune that he hes received noe more Then he shall be fyned in the quadruple of the fee allowed to him by the Regulatione and transgressed as said is to be payed in to the poors box And farder the said Advocat transgressing not purgeing himself as said is shall be debarred from the Exercise of his imployment for the space of three moneths tyme without compting the time of vacatione Thretty one That the whole articles of Regulatione contained in the act of parliament Jaj vjc seventy and two years be declared to be in full force except in so far as they are hereby innovated or altered Given at the Court at Kensingtoune the tuenty nynth day of Apryll Jaj vjc nynty and fyve years and of his majesties Reigne the seventh year By his majesties Command sic subscribitur J Johnstoune.
1. NRS, PC1/50, 185-95.
2. Marginal subheading: 5thy.
3. The word ‘with’ scored out here.
4. Insertion.
5. The phrase ‘rest of’ is an insertion.
6. The word ‘Confessione’ scored out here.
1. NRS, PC1/50, 185-95.
2. Marginal subheading: 5thy.
3. The word ‘with’ scored out here.
4. Insertion.
5. The phrase ‘rest of’ is an insertion.
6. The word ‘Confessione’ scored out here.