[1579/10/54]¹

Anent the admissioun of privie writtingis, charges and commandis be the lordis of sessioun, cap. 29

²Anent the supplicatioun gevin in be the chancellair, president and remanent senatouris of the college of justice, makand mentioun that quhair be the institutioun of the said college they ar authorizet to sitt and decide upoun all actionis civile, and nane utheris to have vote with thame, and oure said soverane lordis dearest gudesir King James the Fyft, of worthie memorie, institutar of the said college, promittit in the said institutioun thairof that he sould not be ony privat writting, charge or command at the instance of ony personis, desire thame to do utherwise in ony mater that sould cum befoir thame, bot as justice requirit, or to do ony thing that may brek the statutis maid be thair predicessouris, the first senatouris of the said college at his hienes command and doing of justice, and that he wald gif na credite to ony man that wald muremure the saidis lordis or ony of thame be doing of wrang and unhonestie, bot they sould be callit befoir him, and, gif they wer foundin culpable, to be punishit thairfoir efter the qualitie of the fault or dimerit; and gif they wer fundin clene and innocent, the personis complening to be punishit with all rigour and nevir to have credit agane with his hienes, as in the said institutioun, ratifeit be parliament, at mair lenth is contenit. Nevirtheles, within thir few yeiris bipast, oure soverane lordis authoritie and thair jurisdictioun is greitlie troublit and callit in doubt be ressone of sindrie privy writtingis and charges direct aganis them be oure said soverane lord and his privie counsale, sumtyme to forbeir to proceid in civile cause befoir the intenting thairof, sumtyme to stay the proces and remit the cause to the parliament, quhilk syndle hauldis, and thairthrow diverse partiis ar oftymes frustrat and dilayit of justice, and sumtymes efter the decreitis gevin the executioun thairof ar stoppit, as sindrie of the nowmer of the said college awaiting on the saidis lordis of articles can specialie declair, quhilk, as it tendis to thair discrediting, sua it bringis contempt to oure soverane lordis authoritie and castis the partiis havand thair cause in process (to quhome justice sould alwayis be patent) in greit doubt quhen they fynd not ane outgait to have thair causs decidit quhair they ar intentit; and the kingis majestie, his parliament and privie counsale salhave litill tyme and opportunitie to considder his hienes awin affairis and the cause of the commounweill gif that, at the inoportune sute of privat partiis, the civile cause ordourlie belanging to the jugement of the college of justice salbe brocht befoir thame; thairfoir oure soverane lord, with avise of his thrie estaitis of this present parliament, hes declarit, decernit and ordanit, lyk as they, be the tennour heirof, declaris, decernis and ordanis the saidis lordis of counsale and sessioun to proceid in all the saidis civile cause intentit and depending befoir thame, or to be intentit, and to caus execute thair decreittis alrady gevin, or to be gevin, notwithstanding ony privat writing, charge or command at the instance of ony persone or personis direct or to be directit in the contrair.