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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A62412 Articles for regulating of the judicatories, &c. set down by the commissioners thereunto authorized by His Majesty, under the Great Seal: with His Majesties approbation thereof prefixed thereunto. Scotland. Commissioners for Regulating the Judicatories. 1670 (1670) Wing S999A; ESTC R222486 13,388 20

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ARTICLES For Regulating of the JUDICATORIES c. Set down by the COMISSIONERS Thereunto Authorized by HIS MAJESTY Under the GREAT SEAL WITH His Majesties APPROBATION thereof prefixed thereunto C R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT EDINBURGH Printed by Evan Tyler Printer to the King 's most Excellent MAjESTY 1670. HIS MAJESTIES APPROBATION OF THE ARTICLES FOLLOWING CHARLES R. CHARLES by the Grace of GOD King of Scotland England France and Ireland Defender of the Faith To all Our good Subjects whom these presents do or may concern Greeting Wee having perused and considered the Report under-written with the Articles Rules and Orders made by the Commissioners intrusted by Vs for regulating the Judicatories and the prices of all Writs relating thereto Wee do hereby Allow Ratifie and Approve the proceedings of the Commissioners with all the Articles and Orders after set down and Ordain the same to be duly observed in all time coming And for that end that they be recorded in the Sederunt-Books of the Session and in the Books of Adjournal and printed and published that none pretend ignorance thereof And Wee do recommend to Our Commissioners intrusted in this affair to be careful to see these Rules and Articles punctually observed and the contraveeners severely censured As also to take the whole affair into their further consideration that what by the shortness of time is not yet determined may with all conveniency be done And their Judgements of the remanent Judicatories and whole matter not as yet settled may be returned to Vs that Wee may thereupon give such Orders as Wee shall think fit Given at Our Court at Whitehal the fourth day of June one thousand six hundred and seventy and of Our Reign the twenty two year By His Majesties Command LAVDERDAIL THE REPORT OF THE COMMISSIONERS APPOINTED FOR THE Regulation of the JVDICATORIES Edinburgh 2. of March 1670. FOrasmuch as it hath pleased the Kings Majesty by a Commission under His Great-Seal of the twenty one of September last to authorize and impower some Noblemen and others of His Privy-Council and Session to consult concerning the Judicatories of His Majesties Privy-Council Session and Justice-Court and the Regulating of the same And for redressing and preventing all abuses that are already or may probably arise or creep into the saids Judicatories And to consider the best most summar and equall way of bringing in and calling of Processes for Dispensing of Justice And for shortning and abridgeing the long chargeable and tedious dependancy of Pleas And to settle such Rules and Orders as they shall judge necessary for these ends and to do every thing for making effectual His Majesties Royal and Gracious Intention that His Subjects be relieved and secured against oppression and exactions and that Justice be administrate unto them with expedition and as little trouble and charge as may be And that the saids Commissioners return to His Majesty an accompt in Writ of their Proceedings and Conclusion that His Majesty may take such course therein as in His Royal Wisdom He shall think fit Likeas the Kings Majesty with advice and consent of His Estates of Parliament did by another Commission of the twenty third of December last impower the Commissioners above-mentioned to consider and regulate the Commissar Courts the Sheriff-Courts and all other inferior Courts within the Kingdom And so set down Rules and Orders for regulating the same and the Formes of proceeding therein and the prices of all Writs Fees and Dues to be taken any manner of way by any Persons in or relating to the saids Judicatories In obedience to which Commissions The Commissioners having had several meetings together and consulted upon the best and readiest way for the prosecution of His Majesties Royal Intention for the good and ease of His Subjects And finding the same to be a matter of great importance and deserving most serious consideration and a longer time to make a full settlement therein Yet being desireous that assoon as is possible His Majesties Subjects may find the fruits and effects of His Majesties Royall care over them Have at present agreed unto and condescended upon the Rules and Articles after-following Which they do humbly offer to His Majesty as their Judgement in order to the present Regulation of the Judicatories Without prejudice alwayes of what upon further consideration they shall hereafter offer for a full settlement therein Concerning the SESSION 1. SEing a great part of the trouble and expences of the Liedges in obtaining of Justice in their Causes is occasioned through the uncertainty of their attendance upon Processes depending before the Lords of Session Whereby not knowing any certain time at or about which their Processes will be called They are necessitat to wait on the most part of the time of the Session during the dependance of their Processes or otherwise to be absent when the same are discuss'd That therefore all Processes shall be discussed and determined as the Parties are in readinesse and do call for Justice after the same have been seen by the Defenders Advocates and are returned by them And that according to the date of the Returns which are set down and signed by the Defenders Advocate upon the Processe it self that no Parties be preserred in obtaining Justice to any other who was ready and calling for it before And that Books of Enrollment be made for enrolling the said Processes according to the dates of the Returns that thereby notice may be timeously given to all Parties having intrest in the Processe how far the Lords of Session are advanced in discussing and determining Processes according to the saids Rolls that the Parties may be present when their Processes will fall in to be discuss'd and determined in their course as they stand in the Rolls and may in the mean time rest quiet and secure that their Rights and Interests will not be decided when they cannot know to be present which cannot be attained unlesse all priviledges whereby any cause can be called otherwise then according to its due course in the saids Rols be laid aside Excepting only the Causes belonging properly to the Kings Majesty and not to Donators or others which may be called at any time when his Majesties Advocat pleaseth upon either of the two next Sederunt-dayes after the Processe is returned or if the same be not called on either of the saids two dayes at any time thereafter upon fifteen dayes advertisement to the Defenders Advocats that they may acquaint their Clients to be present 2. That the Book of Enrollment for the Outer-house be kept and made up by the person appointed or to be appointed by the Lords of Session who shall attend in the Session-house each Saturday in Session-time from two a clock in the afternoon till four and shall take up a note of all Processes shown to him containing the names and designations of the Pursuers and Defenders and the name of the Cause whether it be