From Wikipedia, the free encyclopedia
The Lord President of the Court of Session is
head of the judiciary in
Scotland[1], and
presiding judge (and Senator) of
the College of Justice and Court of
Session, as well as being Lord Justice General
of Scotland and head of the High Court of Justiciary, the
offices having been combined in 1836.[2] The
Lord President has authority over any court established under Scots law except for the Supreme Court of the
United Kingdom.[3]
The office of Lord Justice General is derived from the justiciars who were
appointed from the twelfth century (or even earlier). From around
1567 it was held heritably by the Earl of Argyll until
the heritability was resigned to the Crown in 1607. Scotstarvet lists it as a
Great Officer of State in his
famous treatise of 1754.[4]
The current Lord President, Lord Hamilton, was sworn in on 2 December
2005.[5]
His deputy is the Lord Justice Clerk.
In Scotland the Official Oath is
taken before the Lord President of the Court of Session. In England that role is performed
by the Clerk of the
Privy Council.[6]
Office
Holders
Justiciars
(called Lord Chief Justices by Scot of Scotstarvet).
- Argadus, Captain of Argyll, in the reign of Ethodius
- Comes Dunetus; in the reign of King William the Lion
(who d. 1214).
- Donnchad II, Earl of
Fife
- William Comyn
- Richard
Comyn
- David, Earl of Huntingdon (d. 1219)
- Walter Clifford, Justiciary of the Lothians
- 1216: Allan, Justiciary to King Alexander II
- 1224: William Cumin, Earl of Buchan (reign of Alexander III)
- Walter (d. 1241), son of Allan High Steward of Scotland
- 1239: William, Earl of Ross, "Lord Chief Justice of
Scotland"
- 1243: David de Lindsay, Justiciary of the Lothians
- Alexander
(d.1283), High Steward of Scotland to
King Alexander II
- Hugo de Barclay, Justiciary of the Lothians
- 1253: Alexander Cumin, Earl of
Buchan
- bef 1319: Sir Robert de Lawedre of The Bass (d. Sept 1337),
Justiciary of the Lothians
- 1328: Sir
Robert Lauder of Quarrelwood (d. between 1367-70), Justiciary
North of the Forth
- 1366: Robert de Erskine, Justiciary South of the Forth for King
David
II
- bef 1372: Alan de Lawedre of The Bass, Whitslaid, &
Haltoun, Justiciary South of the Forth, (he received a pension for
holding this post in 1374).
- 1372: Sir William Douglas, 1st
Earl of Douglas (d. May 1384), Justiciary South of the
Forth.
- 1425: Sir Robert de Lawedre of Edrington & The Bass (d.1451),
"Justiciario Scotia"
- 1446: Patrick de Ogilvy, Justiciary South of the Forth
- 1457: John, Lord Lindsay of the Byres, Justiciary South of the
Forth
- William Sinclair,
3rd Earl of Orkney & Caithness (d.1480), Justiciary North
of the Forth for King James II
- 1477: John Haldane of Gleneagles, Justiciary North of the
Forth
- Patrick Hepburn, 1st Lord
Hailes (d. after 1482), and Robert, 2nd Lord Lyle, Justiciaries
South of the Forth
- Andrew, Earl of Crawfurd, and George Gordon, 2nd Earl
of Huntly, Justiciaries North of the Forth
- 1488: Robert, 2nd Lord Lyle d.c1497), "Lord Chief Justice"
- 1489: John Lyon, 3rd Lord Glamis (d. 1 April 1497), and John
Drummond, 1st Lord Drummond: "Justice-General"
- 1492: Robert, 2nd Lord Lyle, and John Lyon, 3rd Lord
Glamis
- 1494: John Drummond, 1st Lord Drummond (d. c1519)
- 1504: Andrew Gray, 2nd Lord Gray, and John Kennedy, 2nd Lord
Kennedy
- 1514: Colin Campbell, 3rd Earl
of Argyll
- 1526: Archibald Douglas of Kilspindie
- 1537: Archibald Campbell,
4th Earl of Argyll
- 1567: Sir Colin Campbell, 6th Earl
of Argyll, (d.1584) (heritably)
- 1578: Sir Colin Campbell, 6th Earl
of Argyll, (re-appointment?)
- 1589: Archibald Campbell,
7th Earl of Argyll, (who exchanged the heritable office of Lord
Chief Justice in 1607, for the heritable Lieutenancy of Argyll and
Lorn, and most of The Isles).
- 1628: William Graham, 7th Earl of Menteith, 1st Earl
of Airth
- 1638: Sir William Elphinstone
- 1641: Sir Thomas Hope, younger of Kerse
- 1646: William
Cunningham, 8th Earl of Glencairn
- 1649: John Kennedy, 6th Earl
of Cassilis
Lord
Justice-General
(list might be incomplete)
- 1661: John Murray, 2nd Earl
of Atholl
- 1675: Alexander Stuart, 5th
Earl of Moray
- 1676: Sir Archibald Primrose of
Carrington
- 1678: Sir George Mackenzie of
Tarbat (later 1st Earl of Cromartie)
- 1680: William Douglas, 3rd Earl of
Queensberry
- 1682: James Drummond, 4th Earl of Perth
- 1684: George Livingston, 3rd Earl of Linlithgow
- 1689: Robert
Ker, 4th Earl of Lothian
- 1704: George Mackenzie,
1st Earl of Cromartie
- 1710: Archibald Campbell,
Earl of Ilay
- 1761: John Hay, 4th Marquess
of Tweeddale
- 1763: Charles Douglas,
3rd Duke of Queensberry
- 1778: David Murray, 7th
Viscount Stormont, 2nd Earl of Mansfield
- 1795: James Graham, 3rd Duke
of Montrose
The office was combined with that of Lord President on the death
of the Duke of Montrose in 1836.
Lord
President
incomplete
- 1661-1671: Sir John Gilmour of
Craigmillar
- 1671-1681: James Dalrymple, 1st Viscount Stair
- 1681-1682: George Gordon, 1st Earl
of Aberdeen (?)
- 1682-1685: Sir David Falconer
of Newton
- 1685-1689: Sir George Lockhart of
Carnwath
- 1689-1695: James Dalrymple, 1st Viscount Stair
- 1698-1737: Hew Dalrymple of North
Berwick
- 1737-1748: Duncan Forbes of
Culloden
- 1748-1754: Robert Dundas of
Arniston
- 1754-1760: Robert Craigie of Glendoick
- 1760-1787: Robert Dundas of
Arniston
- 1787-1789: Thomas Miller, Lord
Glenlee
- 1789-1808: Sir Ilay
Campbell of Succoth
- 1808-1811: Robert Blair of
Avonhow
- 1811-1841: Charles Hope of Granton
- 1841-1852: David
Boyle of Shewalton
- 1852-1867: Duncan McNeill, Lord
Colonsay
- 1867-1891: John Inglis, Lord
Glencorse
- 1891-1899: James Robertson, Lord
Robertson
- 1899-1905: John Balfour, 1st Baron
Kinross
- 1905-1913: Andrew Murray, 1st
Baron Dunedin
- 1913-1920: Alexander Ure, 1st
Baron Strathclyde
- 1920-1935: James Avon Clyde, Lord
Clyde
- 1935-1947: Wilfred Normand, Lord
Normand
- 1947-1954: Thomas Cooper,
Lord Cooper
- 1954-1972: James Latham Clyde, Lord
Clyde
- 1972-1989: George Emslie, Baron
Emslie
- 1989-1996: David Hope, Baron Hope
of Craighead
- 1996-2001: Alan Rodger, Baron
Rodger of Earlsferry[7]
- 2001-2005: William Cullen,
Baron Cullen of Whitekirk[7][5]
- 2005-Present: Arthur Campbell Hamilton, Lord Hamilton[5]
See also
References
- ^
"Section 2, Paragraph 1,
Judiciary and Courts (Scotland) Act 2008", Acts of the
Scottish Parliament 2008 (6): 2(1), http://www.statutelaw.gov.uk/documents/2008/6/asp, retrieved 2009-08-29, "The
Lord President is the Head of the Scottish Judiciary."
- ^
"Section 18, Court of Session
Act 1830", Acts of the Parliament of the United
Kingdom 69: 18, 1830-07-23, http://www.statutelaw.gov.uk/documents/1830/69/ukpga,
"Office of lord justice general to devolve on lord
president."
- ^
"Section 2, Paragraph 5,
Judiciary and Courts (Scotland) Act 2008", Acts of the
Scottish Parliament 2008 (6): 2(5), http://www.statutelaw.gov.uk/documents/2008/6/asp, retrieved 2009-08-29,
"References in this section to the Scottish judiciary are
references to the judiciary of any court established under the law
of Scotland (other than the Supreme Court of the United
Kingdom)."
- ^
Sir John Scot of Scotstarvet, Director of Chancery (1754), The
Staggering State of the Scots' Statesmen, Edinburgh: W.
Ruddiman, p. 181–3
- ^ a
b
c
"Lord Hamilton is new Lord
President". The Journal of the Law Society of Scotland
(Connect Communications (Scotland) Limited). 2005-11-24. http://www.journalonline.co.uk/news/1002497.aspx. Retrieved
2008-07-15.
- ^
"Schedule, Promissory Oaths
Act 1868", Acts of the Parliament of the United
Kingdom 72: Schedule, 1868, http://www.statutelaw.gov.uk/documents/1868/72/ukpga/c72/schedule, retrieved 2009-09-01, "The
oath as to England is to be tendered by the Clerk of the Council,
and taken in presence of Her Majesty in Council, or otherwise as
Her Majesty shall direct. The oath as to Scotland is to be tendered
by the Lord President of the Court of Session at a sitting of the
Court."
- ^ a
b
"Scottish Judicial
Appointments". 10 Downing Street. 2001-11-13. http://www.number10.gov.uk/output/Page2750.asp. Retrieved
2008-07-16.
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