Everything about The College Of Justice totally explained
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 courts 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.
History
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 and
criminal law. 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."Further Information
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