The College of Justice (Scottish Gaelic: Colaiste a' Cheartais) includes the Supreme Courts of Scotland, and its associated bodies.
| College of Justice | |
|---|---|
 The Court of Session, the supreme civil court, is based at Parliament House | |
| Established | 1532 |
| Jurisdiction | Scotland |
| Location | Edinburgh |
| Composition method | Judges are appointed by the Monarch on the recommendation of the First Minister, who receives recommendations from the Judicial Appointments Board for Scotland |
| Appeals to | Supreme Court of the United Kingdom (Appeals from the High Court are limited to appeals on points of law with respect to human rights and devolution issues.) |
| Judge term length | Mandatory retirement at age 75 |
| Lord President and Lord Justice General | |
| Currently | The Rt Hon Lord Carloway |
| Since | 2015 |
| Jurist term ends | 2029 |
| Lord Justice Clerk and President of the Second Division of the Inner House | |
| Currently | The Rt Hon Lady Dorrian |
| Since | 2016 |
| Jurist term ends | 2032 |
The constituent bodies of the national supreme courts are the Court of Session, the High Court of Justiciary, the Office of the Accountant of Court, and the Auditor of the Court of Session. Its associated bodies are the Faculty of Advocates, the Society of Writers to His 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.
History
The college was founded in 1532 by King James V following a bull issued by Pope Clement VII on 15 September 1531. It 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 "ecclesiastical dignity".
| College of Justice Act 1532 | |
|---|---|
| Act of Parliament | |
 | |
| Long title | Concerning the ordour of Justice and the institutioun of ane college of cunning and wise men for the administracioun of Justice. |
| Citation | c. 2 [12mo ed: 1537 cc. 36–41] |
| Dates | |
| Royal assent | 17 May 1532 |
| Other legislation | |
| Amended by |
|
Status: Amended | |
| Text of the College of Justice Act 1532 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Parliament of Scotland passed the College of Justice Act 1532 (c. 2) 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, , Abbot of Cambuskenneth
- Richard Bothwell, Rector of Ashkirk
- John Dingwall, 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
- Henry Lauder, Lord St Germains, King's Advocate
- John Campbell of Lundy
- Sir James Colville of Easter Wemyss
- Sir Adam Otterburn of Auldhame and , King's Advocate
- Nicholas Crawford of
- Francis Bothwell of Edinburgh (brother of Richard)
- James Lawson of Edinburgh
- Sir James Foulis of Colinton, who was added at the first meeting of the court when the king made him a "Lord of the Session".
The college at its foundation dealt with underdeveloped civil law. It did not dispense 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 Justiciary), the Barony Courts and the Commission of Justiciary. The High Court of Justiciary was only incorporated into the College of Justice in 1672.
Initially, there was little legal literature. Acts of the Parliament of Scotland and the books of the as well as Roman Law 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."
See also
- Senator of the College of Justice
- Historic List of Senators of the College of Justice
- Extraordinary Lord of Session
- Principal Clerk of Session and Justiciary
References
- "Judicial Appointments - How are judges appointed?". Judiciary of Scotland. Edinburgh: Judicial Office for Scotland. Archived from the original on 14 February 2021. Retrieved 27 May 2012.
- PDF-file Archived 2007-07-04 at the Wayback Machine - "The Supreme Courts are made up of: the Court of Session, the High Court of Justiciary and the Accountant of Court's Office" - Scottish Court Service, accessed 12 March 2007
- "Expenses and Funding of Litigation Bill | Auditor of Court Provisions" (PDF). scottishciviljusticecouncil.gov.uk. Scottish Civil Justice Council. 14 June 2016. Retrieved 6 May 2017.
- "Court of Session Act 1821", legislation.gov.uk, The National Archives, 1821 c. 38
- The 1531 bull stipulated that of the senators "media pars in dignitate ecclesiastica constituta omnino esse debeat"; a March 1534 bull of Pope Paul III added "pro uno Presidente semper prelate ecclesiastico". Baird Smith, David (1912), "The Reformers and divorce", The Scottish Historical Review, 9: 12–13
- "One of the nine advocates appointed at the institution of the College of Justice. Dalrymple of Hailes, Bt., Sir David, An Historical Account of the Senators of the College of Justice of Scotland from its Institution, Edinburgh, 1849, p.63.
External links
- Supreme Courts Archived 6 January 2017 at the Wayback Machine at the National Archives of Scotland
The College of Justice Scottish Gaelic Colaiste a Cheartais includes the Supreme Courts of Scotland and its associated bodies College of JusticeThe Court of Session the supreme civil court is based at Parliament HouseEstablished1532JurisdictionScotlandLocationEdinburghComposition methodJudges are appointed by the Monarch on the recommendation of the First Minister who receives recommendations from the Judicial Appointments Board for ScotlandAppeals toSupreme Court of the United Kingdom Appeals from the High Court are limited to appeals on points of law with respect to human rights and devolution issues Judge term lengthMandatory retirement at age 75Lord President and Lord Justice GeneralCurrentlyThe Rt Hon Lord CarlowaySince2015Jurist term ends2029Lord Justice Clerk and President of the Second Division of the Inner HouseCurrentlyThe Rt Hon Lady DorrianSince2016Jurist term ends2032The High Court of Justiciary the supreme criminal court in Edinburgh The constituent bodies of the national supreme courts are the Court of Session the High Court of Justiciary the Office of the Accountant of Court and the Auditor of the Court of Session Its associated bodies are the Faculty of Advocates the Society of Writers to His 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 HistoryThe college was founded in 1532 by King James V following a bull issued by Pope Clement VII on 15 September 1531 It 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 ecclesiastical dignity College of Justice Act 1532Act of ParliamentParliament of ScotlandLong titleConcerning the ordour of Justice and the institutioun of ane college of cunning and wise men for the administracioun of Justice Citationc 2 12mo ed 1537 cc 36 41 DatesRoyal assent17 May 1532Other legislationAmended byStatute Law Revision Scotland Act 1906Status AmendedText of the College of Justice Act 1532 as in force today including any amendments within the United Kingdom from legislation gov uk The Parliament of Scotland passed the College of Justice Act 1532 c 2 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 Abbot of Cambuskenneth Richard Bothwell Rector of Ashkirk John Dingwall 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 Henry Lauder Lord St Germains King s Advocate John Campbell of Lundy Sir James Colville of Easter Wemyss Sir Adam Otterburn of Auldhame and King s Advocate Nicholas Crawford of Francis Bothwell of Edinburgh brother of Richard James Lawson of Edinburgh Sir James Foulis of Colinton who was added at the first meeting of the court when the king made him a Lord of the Session The college at its foundation dealt with underdeveloped civil law It did not dispense 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 Justiciary the Barony Courts and the Commission of Justiciary The High Court of Justiciary was only incorporated into the College of Justice in 1672 Initially there was little legal literature Acts of the Parliament of Scotland and the books of the as well as Roman Law 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 See alsoSenator of the College of Justice Historic List of Senators of the College of Justice Extraordinary Lord of Session Principal Clerk of Session and JusticiaryReferences Judicial Appointments How are judges appointed Judiciary of Scotland Edinburgh Judicial Office for Scotland Archived from the original on 14 February 2021 Retrieved 27 May 2012 PDF file Archived 2007 07 04 at the Wayback Machine The Supreme Courts are made up of the Court of Session the High Court of Justiciary and the Accountant of Court s Office Scottish Court Service accessed 12 March 2007 Expenses and Funding of Litigation Bill Auditor of Court Provisions PDF scottishciviljusticecouncil gov uk Scottish Civil Justice Council 14 June 2016 Retrieved 6 May 2017 Court of Session Act 1821 legislation gov uk The National Archives 1821 c 38 The 1531 bull stipulated that of the senators media pars in dignitate ecclesiastica constituta omnino esse debeat a March 1534 bull of Pope Paul III added pro uno Presidente semper prelate ecclesiastico Baird Smith David 1912 The Reformers and divorce The Scottish Historical Review 9 12 13 One of the nine advocates appointed at the institution of the College of Justice Dalrymple of Hailes Bt Sir David An Historical Account of the Senators of the College of Justice of Scotland from its Institution Edinburgh 1849 p 63 External linksSupreme Courts Archived 6 January 2017 at the Wayback Machine at the National Archives of Scotland
